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~~~~
REGfSTER OF DEEDS
MODIFICATION OF DEED OF TRUST
This Modification of Deed of Trust (this "Modification") is entered into as of January 25, 2008, by
and between John E. Beyke, a single person("Trustor"}, and WELLS FARGO BANK, NATIONAL
ASSOCIATION ("Beneficiary").
This property was deeded to John E. Beyke and Rose M. Beyke, husband and wife with a right of
survivorship. Rose M. Byke ("Deceased Grantor") was an original grantor on the Deed of Trust, but has
since passed away. ~~"'''r°`~°-~`~'~
@1~ Recordings, lnc.
RECITALS ~~~~ "entry Dri4e Ste 20~
5t. pain ,MN 55117 ~
This Modification is entered into upon the basis of the following facts and understandings of the
parties:
A. This Modification pertains to that certain Deed of Trust dated as of January 29, 2003,
executed by John E. Beyke, as Trustee, in favor of Beneficiary, and recorded on February 5, 2003, as
Instrument (Serial) No. 20030807, of the 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:
C. 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 January 25, 2008, evidencing indebtedness of
John E. Beyke to Beneficiary in the principal amount of $48,000.00 (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 January 29, 2003, and secured by the Deed of Trust), together with interest
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thereon, and any such indebtedness or other obligations incurred under or in connection with the credit
accommodation evidenced, even if not specifically referenced therein.
D. The Deed of Trust is hereby modified to include within the indebtedness and obligations
secured by the Deed of Trust, the payment of all liability, whether liquidated or unliquidated, defined,
contingent, conditional or of any other nature whatsoever, and performance of all other obligations,
arising under any swap, derivative, foreign exchange or hedge transaction or arrangement (or other
similar transaction or arrangement howsoever described or defined) at any time entered into with
Beneficiary in connection with any promissory note, loan or credit agreement, confirmation letter and
disclosure, or other evidence of debt, at anytime secured by the Deed of Trust.
E. 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.
F. 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: TRUSTOR:
ELLS FARGO BANK,
NAT NAL ASSOCI ION
NAT NAL ASSOCI ION
~ ~
B Jeanette Dewalt
B Jeanette Dewalt
dle: Business Banker
Itle: Business Banker
Athena Job #: 1847434261
Source ID#: 1957141925
iTrac# 618194
Processor initials RM
C~
J E. Beyke
C-520_NE 12-06 (Rev. 08/05) -2-
~~~
2ooso4~~
OBTAIN NOTARY ACKNOWLEDGMENTS
INDIVIDUAL ACKNOWLEDGMENT
State of Nebraska
/~ ,~1
County of l~`-~G"~"°'
e foregoing instrument was acknowledged before me this ~~ day of
~,~ , 20~, by John E. Beyke.
III GENERAL NOTARY-Stale of Nebraska
KATHLEEN M. DES ENBERGER
~;- `'^.':=' N1y Comm. Exp. ~
'~i~ Imo, w .~;,, - ~ -
Sig ature of Person Taking
Acknowl g ent
Title or Rank
Serial Number, if any
LENDER ACKNOWLEDGMENT
STATE OF Nebr~ska
COUNTY OF (.~-~~6'ti~S
)SS
On this ~~~~~ day of ~~ ~' wCt _~, 20 ~~ ,before me, the undersigned
N,l$~tary Public, ersonally appeared r '-~~~.-~«-~--~ and known to me to be the
1~1,5.~~-sue ~, 1~2J ,authorized agent for the 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
instru e t and that the al affixed is the corporate seal of said Lender.
By Q., ~'L- Residing a
Notary Public in and for the State of .____.~_s_
~ GENERAL NOIARY-State of Plehraska
My commission expires .,l,t~L~- ~~~ ;~I KATHLEEN M. DES ENBERI ~- 2 h
~~~ My Comm. Exp.
C-520_NE 12-06 (Rev. 08!05) -3-
3~y
20o8o4~i
EXHIBIT A
TO
MODIFICATION OF DEED OF TRUST
Legal Description of Property: Lot 16, and the West Half of Lot 17, in Block 3, in East Side Addition to the
City of Hastings, Adams County, Nebraska.
AND
Four Vacant Lots: Lots Five (5), Six (6), Seven (7) and Eight (8), Block Three (3), East Side Addition to
the City of Hastings, Adams County, Nebraska, according to the recorded plat thereof.
IIIIIIIIIIIIIIIIIIIIIIIIII~IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
U43616664-02NW04
DOT MODIFICATION
US Recordings
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