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<br />WHEN RECORDED MAil TO:
<br />Wells Fargo Bank, National Association
<br />Ann: Collateral Processing - Rep III
<br />730 2nd Avenue South, Suite 1000
<br />Minneapolis, MN 55479
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<br />FOR RECORDER'S USE ONLY
<br />
<br />MODIFICATION OF DEED OF TRUST
<br />
<br />THIS MODIFICATION OF DEED OF TRUST dated January 14, 2009, is made and executed between Old Sears
<br />
<br />Development, Inc., a Nebraska Corporation, whose address is 360 Two Cabins Drive, Silverthorne, CO 80498
<br />
<br />("Trustor") and Wells Fargo Bank, National Association, whose address is Grand Island - Main, 304 W. 3rd
<br />
<br />Street, Grand Island, NE 68801 ("lender"),
<br />
<br />DEED OF TRUST. Lender and Trustor have entered into a Deed of Trust dated December 18, 1998 (the "Deed of Trust") which has been
<br />recorded in Hall County, State of Nebraska, as follows:
<br />
<br />Original Deed of Trust in the amount of $435,000.00 filed on October 1a, 1999, as Document #0099110130 in the Office of the
<br />Register of Deeds, Hall County, Nebraska as may have been modified from time to time.
<br />
<br />REAL PROPERTY DESCRIPTION. The Deed of Trust covers the following described real property located in Hall County, State of Nebraska:
<br />
<br />lots One (1), and Two (2), and the Easterly Forty-Four (44) feet of lot Three (3) in Block Sixty-three (63), in the Original Town, now
<br />City of Grand Island, Hall County, Nebraska.
<br />
<br />The Real Property or its address is commonly known as 401-417 West Third Street, Grand Island, NE 68801. The Real Property tax
<br />identification number is 400005166; 400005174.
<br />
<br />MODIFICATION. lender and Trustor hereby modify the Deed of Trust as follows:
<br />
<br />The Deed of Trust is hereby modified to reflect that it secures that certain promissory note dated January 14, 2009 (the "2009
<br />Replacement Note") made by the Grantor in the face amount of $75,000.00 payable to the Lender, and having a maturity date of
<br />January 15, 2010. The 2009 Replacement Note replaces, but shall not be deemed payment or satisfaction of, the "Note" as defined
<br />in the Deed of Trust. All references in the Deed of Trust to the "Note" shall henceforth be deemed to be references to the 2009
<br />Replacement Note.
<br />
<br />CONTINUING VALIDITY. Except as expressly modified above, the terms of the original Deed of Trust shall remain unchanged and in full
<br />force and effect. Consent by lender to this Modification does not waive lender's right to require strict performance of the Deed of Trust
<br />as changed above nor obligate Lender to make any future modifications. Nothing in this Modification shall constitute a satisfaction of the
<br />promissory note or other credit agreement secured by the Deed of Trust (the "Note"). It is the intention of Lender to retain as liable all
<br />parties to the Deed of Trust and all parties, makers and endorsers to the Note, including accommodation parties, unless a party is expressly
<br />released by Lender in writing. Any maker or endorser, including accommodation makers, shall not be released by virtue of this
<br />Modification. If any person who signed the original Deed of Trust does not sign this Modification, then all persons signing below
<br />acknowledge that this Modification is given conditionally, based on the representation to Lender that the non-signing person consents to
<br />the changes and provisions of this Modification or otherwise will not be released by it. This waiver applies not only to any initial extension
<br />or modification, but also to all such subsequent actions.
<br />
<br />FACSIMILE AND COUNTERPART. This document may be signed in any number of separate copies, each of which shall be effective as an
<br />original, but all of which taken together shall constitute a single document. An electronic transmission or other facsimile of this document
<br />or any related document shall be deemed an original and shall be admissible as evidence of the document and the signer's execution.
<br />
<br />ARBITRATION AGREEMENT. Arbitration - Binding Arbitration. Lender and each party to this agreement hereby agree, upon demand by any
<br />party, to submit any Dispute to binding arbitration in accordance with the terms of this Arbitration Program. A "Dispute" shall include any
<br />dispute, claim or controversy of any kind, whether in contract or in tort, legal or equitable, now existing or hereafter arising, relating in any
<br />
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<br />
<br />200108664946100480
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