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HomeMy WebLinkAbout20075335Sr~~~~~- DOC TAX CK# FEES Sq PD ~-So CK# 03 9 CHG e~rrri ~ _ RETFEES:_u~CA ...~.R.O.D.CK#,, REC' - ~ T C RETURN ~~ e in„s Znt.. eSQrn+ ¢-bunk. lV(N~"s1~7-999 iimi~u~mYiuiiii ...NUM ~nc~.us-~ri/~~ 1~Qlk ll~nr+~i ~u~j~.~ nD. COMP `~.G1/1 //-•a~ COMPRRE _.~_,~„` CADAS AO '~ US Recordings, Inc. 2925 Country Drive Ste 20 i St. Paul, MN 55117 ~~a ~~~~~:~~ ADAMS COUNTY, NE FILED INST.NO.~QO~J3~rJ Date - -07 Time ~d5 M ~'~'~ Or REGISTER OF DEEDS MODIFICATION OF DEED OF TRUST ~ l(w ~Y~b3U+~ _ ' ~~ This Modification of Deed of Trust (this "Modification") is entered into as of November 15, 2007, by and betweeri P.M.P., LLC, a Nebraska Limited Liability Company ("Trustor"), and WELLS FARGO BANK, NATIONAL ASSOCIATION ("Beneficiary"). RECITALS parties: This Modification is entered into upon the basis of the following facts and understandings of the A. This Modification pertains to that certain Deed of Trust dated as of April 26, 2002, executed by Trustor, to Trustee, in favor of Beneficiary, and recorded on April 30, 2002, as Instrument No. 20022334, Official Records of Adams County, Nebraska, as modified from time to time ("Deed of Trust"), with respect to the real property described on Exhibit A attached hereto and incorporated herein by this reference. B. The obligations secured by the Deed of Trust have been modified, or certain additional obligations have been or are to be incurred which are to be secured by the Deed of Trust, or other modifications to the Deed of Trust have become necessary, and Trustor and Beneficiary have agreed to modify the Deed of Trust to accurately reflect the obligations as secured thereby or such other modifications. NOW, THEREFORE, the parties hereto agree as follows: The Deed of Trust is hereby modified to include within the indebtedness and obligations secured by the Deed of Trust, the payment to Beneficiary of all indebtedness and performance of all obligations evidenced by and arising under that promissory note, loan or credit agreement, confirmation letter and disclosure, or other evidence of debt, dated as of November 15, 2007, evidencing indebtedness of P.M.P., LLC to Beneficiary in the principal amount of $991,422.50 (which represents the refinancing of that certain promissory note, loan or credit agreement, confirmation letter and disclosure, or other evidence of debt dated as of April 26, 2002, and secured by the Deed of Trust), together with interest thereon, and any such indebtedness or other obligations incurred under or in connection with the credit accommodation evidenced, even if not specifically referenced therein. C-520_NE 12-06 (Rev. 08/05) -1- ii~~qu~d~ug~up~~p~~ / ot~ 2UU'75335 The real property and the whole thereof described in the Deed of Trust shall remain subject to the lien, charge or encumbrance of the Deed of Trust and nothing herein contained or done . pursuant hereto shall affect or be construed to affect the liens, charges or encumbrances of the-Deed of Trust, or the priority thereof over other liens, charges or encumbrances, or to release or affect the liability of any party or parties who may now or hereafter be liable under or on account of said promissory notes, loan or credit agreements, confirmation letters and disclosures, or other evidences of debt and/or the Deed of Trust. All terms and conditions of the Deed of Trust not expressly modified herein remain in full force and effect, without waiver or amendment. This Modification and the Deed of Trust;shall be read together, as one document. IN WITNESS WHEREOF, the parties hereto have caused this Modification to be executed as of the day and year first above written. BENEFICIARY: WELLS FARGO BANK, NATIONAL ASSOCIATION :! ~ B .Jeanette Dewalt ttlec Assistant Vice President TRUSTOR: P.M.P., LLC ~ ~j~ ! A , C~IJ~~~/`~t~ B :Vern P. Powers, Member LIMITED LIABILITY COMPANY ACKNOWLEDGMENT State of County of HCYC~img Th foregoing instrument was acknowledged before me this ~~' day of 20 0~, by Vern P. Powers, member on behalf of P.M.P., LLC, a Limited Liability Company. III GENERAL NOTARY-State o1 Nebraska KATfiLEEN M. OESSEN6ERGER "" fi ' ~ My Comm. Exp, ~~_ 10 ~T.Signature of Person Taking Acknowledgment 'ylo~~ Title or Rank Serial Number, if any C-520_NE 12-06 (Rev. 08/05) -2- d ~}~ 20075335 LENDER ACKNOWLEDGMENT STATE OF ) _1C~~ ) SS COUNTY OF ~y ) On this o day of lV ~~~Lt~k,2.. , 20 (~7 ,before me, the undersigned Notary Public, personally appeared Tech nekle-. ~.x.Q.~' and known tome to be the Ct&S, SFunk Jtc~,..-fwz ;etQ,~1- ,authorized agent for tFie Lender that executed the within and foregoing instrument and acknowledged said instrument to,be the free and voluntary act and deed of the said Lender, duly authorized by the Lender through its board of directors or otherwise, for the uses and purposes therein mentioned, and on oath stated that he or she is authorized to execute this said instrum~en/t and that the seal affixed is the corporate seal of said Lender. By /ill ,~~~l~z~ `~i^-~a-o-,~-,~ ~.e~,-~~/ Residing at `~.~~~n~ Notary Public in and for the State of /° ~ ` - My commission expires ~~ !~ X10 III GENERAL NOTARY-Siaie of Nebraska i i ~ ATHLEEN M. DESSENBERGER . v~_ My Camm. Exp. (8N~.1~~ D C-520_NE 12-06 (Rev: 08105) -3- 0} `t EXHIBIT A TO MODIFICATION OF DEED OF TRUST 2U0"1535 Legal Description of Property: Lot One, Block One, Industrial Park North Subdivision #3, City of Hastings, Adams County, Nebraska. I VIII (IIIIIIII II III IIIIIIII I I IIIIII IIIIIIII VIII II I III III I I II U42799474-01NW04 oor nouir-icaTion US Recordings ~, of ~I !.~:+. ;, ;: