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201006122 with respect to this Loan. Any clause in this document requiring arbitration is not enforceable when SBA is the holder of the Note secured by this instrument NOW THEREFORE, in consideration of the extensions of credit made by Beneficiary and the mutual promises and covenants set forth herein, the parties hereto agree as follows: 1. Obli ations Secured b the Deed of Trust. The parties hereto acknowledge and agree that the Deed of Trust secures and shall secure all sums now or hereafter owing to Beneficiary by Trustor. 2. Corrected Descritation. The Deed of Trust is hereby modified to include the language required by the United States Small Business Administation (SBA) and provide that it shall encumber the real property described with all other property rights and interests as set forth in the Deed of Trust, which include, but are not limited tc, the fixt;.~res and rents and profits associated with the real prnperty. 3. Ratification, and Consents. Trustor and each party to the Deed of Trust hereby ratifies, confirms, and approves the execution and delivery of this Deed of Trust Modification Agreerrlent, and acknowledges and agrees that except as modified herein, the Deed of Trust and all other documents and instruments heretofore executed by Trustor in favor of Beneficiary remain in full force and effect. 4. Governing Law. This agreement shall be governed by and construed in accordance with the laws of the State of Nebraska. IN WITNESS WHEREOF, the parties hereto have executed this Deed of Trust Modification Agreement as of the date and year first written above. GENEVA STATE TANK, Beneficiary '~ ~~ ~`-' ~ Titl n,.-c_.r- ~ ~C~.p ~'~S 1~~ ~r•,-~. Cody T. White, Trustor 0999440.1