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-- -- <br /> <br />EXTENSION AND MODIFICATION AGREEMENT <br />THIS AGREEMENT, made this 9th day of February, 1987, by and. between <br />TRIANGLE EAST, INC., a Nebraska corporation, hereinafter referred to as thee'"&tr- <br />rower", and FIRST WESTROADS BANK, INC., a Nebraska banking corporation'„_hereinafter <br />referred to as the "Bank", Trustee under a certain Deed of Trust dated August T~, <br />1980. <br />W I T N E S S E T H: <br />WHEREAS, the Bank is the owner and holder of a certain promissory note-. <br />dated August 11, 1980, and executed by the Borrower; <br />WHEREAS, the Hate is secured by a Deed of Trust dated August 11, T980, <br />with First Westroads Bank, Inc. as Trustee and filed of record in the office of the <br />Register of Deeds of Hall County, Nebraska, as Document No. 80-004242; <br />WHEREAS, the total principal sum due and outstanding as of the date hereof- <br />under the note is $200,OD0.00, and the accrued interest thereon as of the date <br />hereof is paid; <br />WHEREAS, the due date under the note is February 9, 1981, and the Borrower <br />repuests that thts dpi? rivte be further extend, tv -coy ii, iyoi; _._ <br />WHEREAS, the Bank has aq_reed to said extension of time in accordance with <br />the terms and provisions hereof.; <br />NOW, THEREFORE, the parties hereto agree as follows: <br />1. Pursuant to the provisions hereof and in consideration of the execu- <br />tion and delivery of this extension and modification agreement, Horrower and Bank <br />agree this agreement is delivered and accepted not in payment but for the purpose <br />of extending the time for repayment of said aforementioned note. <br />2. Borrower covenants that the said Deed of Trust 1s a valid first lien on <br />the real property described un Exhibit "A" attached hereto and incorporated herein <br />by this reference, and that there are no defenses or offsets to such documents as <br />amended and modified hereby. Borrower further hereby warrants the title to said <br />real oroaerty. <br />3. Pursuant to the provisions hereof and in consideration, Borrower agrees <br />to a modificatian of interest charged under the Note and this agreement. From this <br />date, interest an the unpaid principal balance shall be charged at the annual rate of <br />2,0% above Lender's rime interest rate as established from time to t me, t to iK a <br />rate of t~ttis extension being 21.57 per annum. Interest sha be ca cu at on a <br />Qa1~'Ty basis and'shall be payable on the first of each and every r~nth fol3o~v.3ng ;tie <br />date hereof and continuing until the maturity date, at which time all re~ift~: <br />accrued interest and principal shall be due and payable in full. Interest dittr - <br />maturity will be charged on Lhe principal and interest in default at 4.0% aih3ve-L~»ct- <br />er's prime interest rate. <br />4. A~1 other terms, covenants, and conditions of said note and Deed?of" <br />Trust, except as herein extended and modified, snail remain in tulT forte and"eff~tt, <br />and the maker hereby severally waives presentment for payment, notice of ncsn~ayigerft, <br />protest, and notice of protest, and the guarantors hereby charge their own perso~e} <br />and separate estates with payment of this note. <br />5. This Agreement shall. be binding upon and shall inure to the benefit <br />of the parties hereto and their respective successors. <br />IN WITNESS WHEREOF, the parties have executed Lhis Exten3i~ and Modifita- <br />tion Agrees~nt the day and year first above written.,, <br />~"IRST STP,flA1TS BANK, INC. TRiANGkfr~~€~ST, iNC. , a Nebraska corporation <br />~, - ., / <br />.~.._......- res de` - ti <br />Secretary <br />