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<br />Ret. Env.
<br />WHEN RECORDED MAIL
<br />TierOne Bank
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<br />Grand Island Webb RoadOffice
<br />700 N Webb Road
<br />Grand Island, NE 68803
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<br />FOR RECORDER'S USE ONLY
<br />MODIFICATION OF DEED OF TRUST
<br />THIS MODIFICATION OF DEED OF TRUST dated September 23, 2004, is made
<br />and executed between Encinger Properties II, L.L.C., ( "Trustor ") and TierOne Bank,
<br />successor to United Nebraska Bank (by merger), 1235 N Street/PO Box 83009, Lincoln,
<br />NE 68501 ( "Lender ").
<br />DEED OF TRUST. Lender and Trustor have entered into a Deed of Trust dated May
<br />27, 2004 (the "Deed of Trust ") which has been recorded in Hall County, State of
<br />Nebraska, as follows:
<br />Filing dated May 28, 2004 in Instrument No 0200405329 of Mortgage Records
<br />REAL PROPERTY DESCRIPTION. The Deed of Trust covers the following
<br />described real property located in Hall County, State of Nebraska:
<br />Lot One (1), Richmond Third Subdivision, in the City of Grand Island,
<br />MODIFICATION. Lender and Trustor hereby modify the Deed of Trust as follows:
<br />Extend maturity date of Deed of Trust to December 31, 2029.
<br />CONTINUING VALIDITY. Except as expressly modified above, the terms of the
<br />original Deed of Trust shall remain unchanged and in full force and effect. Consent by
<br />Lender to this Modification does not waive Lender's right to require strict performance of
<br />the Deed of Trust as changed above nor obligate Lender to make any future
<br />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
<br />is the intention of Lender to retain as liable all parties to the Deed of Trust and all parties,
<br />makers and endorsers to the Note, including accommodation parties, unless a party is
<br />expressly released by Lender in writing. Any maker or endorser, including
<br />accommodation makers, shall not be released by virtue of this Modification. If any
<br />person who signed the original Deed of Trust does not sign this Modification, then all
<br />persons signing below acknowledge that this Modification is given conditionally, based
<br />on the representation to Lender that the non - signing person consents to the changes and
<br />provisions of this Modification or otherwise will not be released by it. This waiver
<br />applies not only to any initial extension or modification, but also to all such subsequent
<br />actions.
<br />TRUSTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF
<br />THIS MODIFICATION OF DEED OF TRUST AND TRUSTOR AGREES TO ITS
<br />TERMS. THIS MODIFICATION OF DEED OF TRUST IS DATED September 23,
<br />2004.
<br />TRUSTOR(S):
<br />Encinger Properties II, L.L.C.
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<br />FOR RECORDER'S USE ONLY
<br />MODIFICATION OF DEED OF TRUST
<br />THIS MODIFICATION OF DEED OF TRUST dated September 23, 2004, is made
<br />and executed between Encinger Properties II, L.L.C., ( "Trustor ") and TierOne Bank,
<br />successor to United Nebraska Bank (by merger), 1235 N Street/PO Box 83009, Lincoln,
<br />NE 68501 ( "Lender ").
<br />DEED OF TRUST. Lender and Trustor have entered into a Deed of Trust dated May
<br />27, 2004 (the "Deed of Trust ") which has been recorded in Hall County, State of
<br />Nebraska, as follows:
<br />Filing dated May 28, 2004 in Instrument No 0200405329 of Mortgage Records
<br />REAL PROPERTY DESCRIPTION. The Deed of Trust covers the following
<br />described real property located in Hall County, State of Nebraska:
<br />Lot One (1), Richmond Third Subdivision, in the City of Grand Island,
<br />MODIFICATION. Lender and Trustor hereby modify the Deed of Trust as follows:
<br />Extend maturity date of Deed of Trust to December 31, 2029.
<br />CONTINUING VALIDITY. Except as expressly modified above, the terms of the
<br />original Deed of Trust shall remain unchanged and in full force and effect. Consent by
<br />Lender to this Modification does not waive Lender's right to require strict performance of
<br />the Deed of Trust as changed above nor obligate Lender to make any future
<br />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
<br />is the intention of Lender to retain as liable all parties to the Deed of Trust and all parties,
<br />makers and endorsers to the Note, including accommodation parties, unless a party is
<br />expressly released by Lender in writing. Any maker or endorser, including
<br />accommodation makers, shall not be released by virtue of this Modification. If any
<br />person who signed the original Deed of Trust does not sign this Modification, then all
<br />persons signing below acknowledge that this Modification is given conditionally, based
<br />on the representation to Lender that the non - signing person consents to the changes and
<br />provisions of this Modification or otherwise will not be released by it. This waiver
<br />applies not only to any initial extension or modification, but also to all such subsequent
<br />actions.
<br />TRUSTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF
<br />THIS MODIFICATION OF DEED OF TRUST AND TRUSTOR AGREES TO ITS
<br />TERMS. THIS MODIFICATION OF DEED OF TRUST IS DATED September 23,
<br />2004.
<br />TRUSTOR(S):
<br />Encinger Properties II, L.L.C.
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