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2 <br /> r <br /> Prepared by and return to: Bagwell& Holt, P.A., 100 Europa Drive, Suite 421,Chapel Hill,North Carolina 27514 <br /> STATE OF NORTH CAROLINA <br /> COUNTY OF ORANGE <br /> FIRST MODIFICATION TO DEED OF TRUST <br /> This FIRST MODIFICATION TO DEED OF TRUST("Modification")is made as of this_day of <br /> November, 1997,by and among ORANGE COUNTY,NORTH CAROLINA("Beneficiary"),DOUGLAS A. <br /> ROBERTS AND JANE E.ROBERTS ("Grantor")and GEOFFREY GLEDHILL,TRUSTEE("Trustee"). <br /> WITNESSETH <br /> WHEREAS,Grantor executed that certain Deed of Trust(the"Deed of Trust")to Trustee dated August <br /> 30, 1996 and recorded August 30, 1996 in Book 1506,Page 338,Orange County Registry;and <br /> WHEREAS,the Deed of Trust secures a Promissory Note dated August 30, 1996 in the principal amount <br /> of Eleven Thousand Twenty-five and no/100 Dollars($11,025.00)payable to Beneficiaries;and <br /> WHEREAS,the parcel described in the Deed of Trust has been reconfigured and the revised property <br /> description of the parcel is set forth in Exhibit A attached hereto and incorporated herein by reference;and <br /> WHEREAS,Grantor desires to subject to the lien of the Deed of Trust the property more particularly <br /> described in Exhibit A(the"Property")attached hereto and to release its lien on any land within the description on <br /> the Deed of Trust as originally executed and recorded but not within the description of the land as reconfigured and <br /> described in Exhibit A attached hereto; <br /> NOW THEREFORE, in consideration of the mutual covenants,conditions,promises and obligations of the <br /> parties hereto,Grantor,Beneficiaries and Trustee agree as follows: <br /> 1. "Property"as used in the Deed of Trust shall mean the Property as described in Exhibit A attached <br /> hereto. Grantor hereby grants and conveys to Trustee,her heirs,successors and assigns the Property TO HAVE <br /> AND TO HOLD with all rights,privileges and appurtenances thereto belonging to the said Trustee,her heirs, <br /> successors and assigns forever,upon the trust,terms and conditions,and for the uses as set forth in the Deed of <br /> Trust as amended by this Modification,and on the same terms and conditions as set forth in the Deed of Trust as <br /> amended by this Modification. Grantor covenants with Trustee that Grantor is seized of and has the right to convey <br /> the Property in fee simple;that the Property is free and clear of all encumberances except for the lien of the Deed of <br /> Trust and Grantor will warrant and defend title to the Property and the priority of the lien of the Deed of Trust as <br /> amended by this Modification against the claims of all persons whomsoever. The Trustee and the Beneficiary have <br /> remised and released and by these presents do remise,release and forever quitclaim unto the Grantor and his heirs <br /> and assigns all that land not included in the tract described in Exhibit A attached hereto but included in the tract <br /> described in the Deed of Trust as originally recorded in Book 1506, Page 338,Orange County Registry,TO HAVE <br /> AND TO HOLD said lands to him the said Grantor,and his heirs and assigns,free and discharged form the lien of <br /> said Deed of Trust herein abofe referred to. <br /> 2. This Modification will inure to the benefit of and bind the respective heirs, personal <br /> representatives,successors and permitted assignees of the parties hereto. <br /> 3. Except as amended by this Modification,the Deed of Trust continues in full force and effect and <br /> each of the provisions of the Deed of Trust shall remain enforceable in accordance with its terms. <br /> 4. Grantor hereby ratifies and confirms all of the terms and conditions of the Deed of Trust as <br />