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rn „ rwlrrrrr.... C=) ^^"f rZ 0 . i r l~ ra 7' M (0 t7 CA c y p y*"~ p r, GJ 1 CO 00 M 00 ~ co C: r7i _3 Cn C~ CO C 1 I co CIO F-A 0 liV ^Ily WHEN RECORDED MAtt TO: 200908815 Equitable Bank North Locust Branch /O $D 113-115 N Locust St PO Box 160 Grand Island NE 68802-0160 FOR RECORDER'S USE ONLY MODIFICATION OF DEED OF TRUST THIS MODIFICATION OF DEED OF TRUST dated October 28, 2009, is made and executed between D & A INVESTMENTS, L.L.C.; a Nebraska Limited Liability Company ("Trustor") and Equitable Bank, whose address is North Locust Branch, 113-115 N Locust St, PO Box 160, Grand Island, NE 68802-0160 ("Lender"). DEED OF TRUST. Lender and Trustor have entered into a Deed of Trust dated December 23, 2008 (the "Deed of Trust") which has been recorded in Hall County, State of Nebraska, as follows: recorded December 29, 2008 in Hall County Register of Deeds office as instrument number 200810420. REAL PROPERTY DESCRIPTION. The Deed of Trust covers the following described real property located in Hall County, State of Nebraska: Lot 5, Block 26, Russel Wheeler's Addition to the City of Grand Island, Hall County, Nebraska The Real Property or its address is commonly known as 1023 N Wheeler Avenue, Grand Island, NE 68801. The Real Property tax identification number is 40012130 1. MODIFICATION. Lender and Trustor hereby modify the Deed of Trust as follows: Maximum lien amount increasing from $36,000.00 to now be $50,000.00. CONTINUING VALIDITY. Except as expressly modified above, the terms of the original Deed of Trust shall remain unchanged and in full force and effect. Consent k)y Leradar-1o-MMi dification does not waive Lender's right to require strict performance of the Deed of Trust as changeCr'0'bove nW objt6P1e14rid~Fit$`r~ce ny future modifications. Nothing in this Modification shall constitute a satisfaction of the promissory note r ether cp djt 'P~iIiiet'i sa ed by the Deed of Trust (the "Note"). It is the intention of Lender to retain as liable all parties to to D+e►fAYlStaalltlftri including accommodation parties party is expressly released b ~ rs and endorsers to the Note, , unless a „j,~ nvaritirrg""""tCny 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 tha 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. TRUSTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MODIFICATION OF DEED OF TRUST AND TRUSTOR AGREES TO ITS TERMS. THIS MODIFICATION OF DEED OF TRUST IS DATED OCTOBER 28, 2009. TRUSTOR: D & A INVESTMENTS, L.L.C. By: curl / Richard H, Baasch, Member of D & A INVESTMENTS, L.L.C. By: Arlo-no M. Boesch, Manager of D & A INVESTMENTS, L.L.C. P z LENDER: EQUITABLE BANK t L~4 X Authorized Officer