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JfI n E ~ m c:::. 0 (11 ~ m :x c:::> "'" ........ CC> <:) --i <:::) C m ~ri c :P- Z n :I: C- Z--i N :c n ?Ii: = -inl gJ 1: ~ 0 Z -<0 0 I\.) ", ~ oc{ N <:) "'T1 0 >- IS n en 9J N "'T1 en IS ~ % -" z Z r CD <.0 <:::> .:J: fTl IS m \J l> c;o 0 ;j IS m ::3 r ;;0 W t:::> <::7 r- 1,.. C> <.0 C;) (ft (Fl c: W I--> ;:><;; w 3: l> m C,.) -.- CD ~ ..J: (I) W ~ c.n rRE7 ENU ) WHEN RECORDED MAil TO: J6? Wells Fargo Bank. National Association pO &1- 5' A Attn: Collateral Procassing - Rep III dR/7Nb :ISL/lNf..:) 730 2nd Avenue South. Suite 1000 /'I G hf"i?fJ J.- MinneaDolis. MN 55479 FOR RECORDER'S USE ONLY 'V '-- o C MODIFICATION OF DEED OF TRUST 200106440151600480 THIS MODIFICATION OF DEED OF TRUST dated December 17, 2008, is made and executed between l & P Investments, L.L.C., a Nebraska Limited Liability Company, whose address is 429 Industrial lane, Grand Island, NE 68803 ("Trustor") and Wells Fargo Bank, National Association, whose address is Grand Island - Main, 304 W. 3rd Street, Grand Island, NE 68801 ("Lender"). DEED OF TRUST. lender and Trustor have entered into a Deed of Trust dated January 15, 1999 (the "Deed of Trust") which has been recorded in Hall County, State of Nebraska, as follows: Original Deed of Trust in the amount of $135.000.00 filed on January 18. 1999. as Document #99-100582. in the Office of the Register of Deeds. Hall County. Nebraska. as may have been modified from time to time. Wells Fargo Bank. National Association as successor in interest by consolidation to Norwest Bank Nebraska. National Association. REAL PROPERTY DESCRIPTION. The Deed of Trust covers the following described real property located in Hall County, State of Nebraska: The Southerly Fifty (50) Feet of Lot Three (3) and all of Lot Four (4). Bonsall Subdivision, in the City of Grand Island. Hall County, Nebraska. The Real Property or its address is commonly known as 429 Industrial Lane, Grand Island, NE 68803. The Real Property tax identification number is 400023229. MODIFICATION. Lender and Trustor hereby modify the Deed of Trust as follows: The Deed of Trust is hereby modified to reflect that it secures that certain promissory note dated December 17, 2008 (the "2008 Replacement Note") made by the Grantor in the face amount of $52.928.13 payable to the Lender, and having a maturity date of December 15. 2012. The 2008 Replacement Note replaces. but shall not be deemed payment or satisfaction of. the "Note" as defined in the Deed of Trust. All references in the Deed of Trust to the "Note" shall henceforth be deemed to be references to the 2008 Replacement Note. CONTINUING VALIDITY. Except as expressly modified above, the terms of the original Deed of Trust shall remain unchanged and in full force and effect. Consent by Lender to this Modification does not waive Lender's right to require strict performance of the Deed of Trust as changed above nor obligate Lender to make any future modifications. Nothing in this Modification shall constitute a satisfaction of the 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 parties to the Deed of Trust and all parties, makers and endorsers to the Note, including accommodation parties. unless a party is expressly released by lender in writing. Any maker or endorser, including accommodation makers, shall not be released by virtue of this Modification. If any person who signed the original Deed of Trust does not sign this Modification, then all persons signing below acknowledge that this Modification is given conditionally, based on the representation to Lender that the non-signing person consents to the changes and provisions of this Modification or otherwise will not be released by it. This waiver applies not only to any initial extension or modification, but also to all such subsequent actions. FACSIMILE AND COUNTERPART. This document may be signed in any number of separate copies, each of which shall be effective as an original, but all of which taken together shall constitute a single document. An electronic transmission or other facsimile of this document or any related document shall be deemed an original and shall be admissible as evidence of the document and the signer's execution. ARBITRATION AGREEMENT. Arbitration - Binding Arbitration. lender and each party to this agreement hereby agree, upon demand by any