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<br />20090257G <br /> <br />Grantor Trust ("Holder") pursuant to that certain Assignment of Leasehold Deed of Trust, dated <br />as of May 28, 1999, recorded at Instrument No. 0200206646 in the Real Property Records of <br />Hall County, Nebraska. <br /> <br />C. Beneficiary is the successor~in~interest to Holder. <br /> <br />D. The Deed of Trust and this Modification pertain to the real property located in <br />Hall County, Nebraska and more particularly described on Exhibit A-2 and the Site Leases <br />described on Exhibit A-I attached hereto and made a part hereof for all purposes (the <br />"Property"). <br /> <br />E. The Deed of Trust secures those certain Notes (the "Original Note") executed by <br />Trustor and payable to Beneficiary in the aggregate principal amount of $1,700,00.00. <br /> <br />F. The Original Note is governed by that certain Loan Agreement, dated <br />December 7, 1998 (as amended, modified, supplemented or restated from time to time, the <br />"Original Loan Agreement"), between Trustor and Original Lender. <br /> <br />G. Contemporaneously with the execution of this Modification, Trustor and <br />Beneficiary are amending, restating and consolidating the Original Note pursuant to a new <br />Promissory Note, dated as of the date hereof (the "Note"), executed by Trustor and payable to <br />the order of Beneficiary in the stated principal amount of $977,662.53. <br /> <br />H. Trustor and Beneficiary are also amending, restating and consolidating the <br />Original Loan Agreement pursuant to an Amended, Restated and Consolidated Loan Agreement, <br />dated as of the date hereof (the "Loan Agreement"), between Trustor and Beneficiary. <br /> <br />I. Trustor and Beneficiary desire to modify the Deed of Trust as set forth herein to, <br />among other things, reflect that the Deed of Trust continues to secure the payment and <br />performance of the obligations evidenced by the Original Note, as so amended, restated and <br />consolidated by the Note. <br /> <br />NOW, THEREFORE, for and in consideration of the foregoing, and other good and <br />valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties <br />hereto agree as follows: <br /> <br />1. Modification of Recital A of Deed of Trust. From and after the Effective Date, <br />Recital A of the Deed of Trust is hereby amended and restated in its entirety as follows: <br /> <br />"A. Loan Agreement. Reference is hereby made to that certain Amended, Restated, and <br />Consolidated Loan Agreement (as amended, restated, supplemented or otherwise modified from time to <br />time, the "Loan Agreement"), dated as of January 30, 2009, by and between Trustor, as borrower, and <br />Beneficiary, as lender. Pursuant to the Loan Agreement, Beneficiary has made loans and advances to <br /> <br />MODIFIC^ TION OF DEED OF TRUST - BOND AftI' 99-A - Page 2 <br />DA-2J42475 v6 1283976-00025 <br /> <br />\ rzbl B <br />