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~ ~ rn trs' ~ ~ ~ ~ C=I ~ r~ = w ~ ~ ~ ~~, -~ ~ ~^ m a .. ~ ~ ~~ ~ ~ ~ - ~ _ ° ° ~ ~ v a ~ ~' c n ` m ~ ~ S~ w O ~ W ~~ m r... ~ -~-1 ~ F--+ ~ ~ ~ ~ ...~.~ '^J Pr1 ~ ^~ ~ C+7t 0 ~~ E~ /~ i WHE RECORDED MAIL TO: / ~ 5 Five Points Bank .fJp ~~,,x asp 7 _ West.Brangh 2009 N. Diera Ave. - Grand Island, NE 68803 to ~~A 3,. FOR RECORDER'S USE ONLY EVE ANTS BANK MODIFICATION OF DEED OF TRUST THIS MODIFICATION OF DEED OF TRUST dated January 11, 2010, is made and executed between BRAD EARNEST and AMY EARNEST, whose address is 10200 W CEDARVIEW RD, WOOD RIVER, NE 68883-954 ("Trustor") and Five Points Bank, whose address is West Branch, 2009 N. Diets Ave., Grand Island, NE 68803 ("Lender"-. DEED pF TRUST. Lender and Trustor have entered into a Deed of Trust dated March 1, 2006 (the "Deed of Trust") which has been recorded in MALL County, State of Nebraska, as follows: Recorded on March 7, 2008, in the office of the Hall County Register of Deeds, as Instrument No. 0200601952. REAL PROPERTY DESCRIPTION. The Deed of Trust covers the following described real property located in HALL Gounty, State of Nebraska: Attached EXHIBIT "A" The Real Property or its address is commonly known as FARMGROUND LOCATED AT S1/2 OF SW 114, 34-10-11, NE MODIFICATION. Lender and Trustor hereby modify the Deed of Trust as follows: Extending maturity date to 01-01-2015. CONTINUING VALIDITY. Except as expressly modified above, the terms of the original Dead of Trust shall remain unchanged and in full farce 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 satisfactipn of the promissory note or other credit agreement secured by the Deed of Trust (the "Nate"1. It (s 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 ar endorser, including accommodation makers, shall not be released by virtue of this Modification. If any person who signed the original Dead 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 parson 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 JANUARY 11, 2010. TRUSTOR: