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When Recorded Return To:
<br />Bryan Cave HRO
<br />1700 Lincoln Street, Suite 4100
<br />Denver, CO 80203 -4541
<br />Attn: Wendy Casady, Sr. Paralegal
<br />THE AREA ABOVE IS RESERVED FOR RECORDER'S USE
<br />AMENDMENT TO DEED OF TRUST
<br />THIS AMENDMENT TO DEED OF TRUST (this "Amendment "), dated effective as of
<br />March 30, 2012, is entered into by and among CONESTOGA MALL 2002, LLC, a Colorado
<br />limited liability company ( "Trustor" ), U.S. BANK NATIONAL ASSOCIATION, a national
<br />banking association, as trustee ("Trustee'), and U.S. BANK NATIONAL ASSOCIATION, a
<br />national banking association, as beneficiary ( "Beneficiary ").
<br />RECITALS
<br />A. Trustor, Guarantor and Beneficiary entered into that certain Loan Agreement,
<br />dated effective as of July 13, 2009 (as amended, restated or supplemented from time to time, the
<br />"Loan Agreement "), pursuant to which Beneficiary made a loan (the "Loan ") to Trustor in the
<br />original principal amount of $17,000,000.
<br />B. The Loan is evidenced by a Promissory Note, dated effective as of July 13, 2009,
<br />made by Trustor and payable to the order of the Beneficiary in the original principal amount of
<br />the Loan (the "Original Note "), and is secured by, among other things, that certain Nebraska
<br />Deed of Trust, Security Agreement and Assignment of Rents and Leases (including Fixture
<br />Filing under Uniform Commercial Code), dated effective as of July 13, 2009, and recorded with
<br />the Register of Deeds of Hall County, Nebraska on July 16, 2009 as Instrument No. 200905829
<br />(as amended, restated or supplemented from time to time, the "Deed of Trust "), encumbering
<br />real property located in Hall County, Nebraska and described on Exhibit A attached hereto (the
<br />"Property "). Capitalized terms not otherwise defined herein shall have the meanings given to
<br />such terms in the Deed of Trust.
<br />C. Concurrently herewith, Trustor, Guarantor and Beneficiary are entering into that
<br />certain First Amendment to Loan Agreement and Loan Documents, dated effective as of the date
<br />hereof (the "Loan Agreement Amendment "), pursuant to which, among other things, Beneficiary
<br />has agreed to make additional advances under the Loan for the purposes described therein. In
<br />connection therewith, Trustor is executing that certain Amended and Restated Promissory Note,
<br />dated effective as of the date hereof (as it may be amended, restated or supplemented from time
<br />to time, the "Amended and Restated Note "), payable to the order of Beneficiary in the principal
<br />amount of $17,000,000, which amends and restates the Original Note in its entirety.
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<br />Suite 300
<br />PO. Box 6169
<br />Linto&s, NE 68506
<br />(402) 476 -881&
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<br />When Recorded Return To:
<br />Bryan Cave HRO
<br />1700 Lincoln Street, Suite 4100
<br />Denver, CO 80203 -4541
<br />Attn: Wendy Casady, Sr. Paralegal
<br />THE AREA ABOVE IS RESERVED FOR RECORDER'S USE
<br />AMENDMENT TO DEED OF TRUST
<br />THIS AMENDMENT TO DEED OF TRUST (this "Amendment "), dated effective as of
<br />March 30, 2012, is entered into by and among CONESTOGA MALL 2002, LLC, a Colorado
<br />limited liability company ( "Trustor" ), U.S. BANK NATIONAL ASSOCIATION, a national
<br />banking association, as trustee ("Trustee'), and U.S. BANK NATIONAL ASSOCIATION, a
<br />national banking association, as beneficiary ( "Beneficiary ").
<br />RECITALS
<br />A. Trustor, Guarantor and Beneficiary entered into that certain Loan Agreement,
<br />dated effective as of July 13, 2009 (as amended, restated or supplemented from time to time, the
<br />"Loan Agreement "), pursuant to which Beneficiary made a loan (the "Loan ") to Trustor in the
<br />original principal amount of $17,000,000.
<br />B. The Loan is evidenced by a Promissory Note, dated effective as of July 13, 2009,
<br />made by Trustor and payable to the order of the Beneficiary in the original principal amount of
<br />the Loan (the "Original Note "), and is secured by, among other things, that certain Nebraska
<br />Deed of Trust, Security Agreement and Assignment of Rents and Leases (including Fixture
<br />Filing under Uniform Commercial Code), dated effective as of July 13, 2009, and recorded with
<br />the Register of Deeds of Hall County, Nebraska on July 16, 2009 as Instrument No. 200905829
<br />(as amended, restated or supplemented from time to time, the "Deed of Trust "), encumbering
<br />real property located in Hall County, Nebraska and described on Exhibit A attached hereto (the
<br />"Property "). Capitalized terms not otherwise defined herein shall have the meanings given to
<br />such terms in the Deed of Trust.
<br />C. Concurrently herewith, Trustor, Guarantor and Beneficiary are entering into that
<br />certain First Amendment to Loan Agreement and Loan Documents, dated effective as of the date
<br />hereof (the "Loan Agreement Amendment "), pursuant to which, among other things, Beneficiary
<br />has agreed to make additional advances under the Loan for the purposes described therein. In
<br />connection therewith, Trustor is executing that certain Amended and Restated Promissory Note,
<br />dated effective as of the date hereof (as it may be amended, restated or supplemented from time
<br />to time, the "Amended and Restated Note "), payable to the order of Beneficiary in the principal
<br />amount of $17,000,000, which amends and restates the Original Note in its entirety.
<br />91576577 v 1 den
<br />pjccoa -wl> V-(:
<br />Ne &rasfta 97t& C --pa-y
<br />60th e3' cfd Ch=cy 2Poad
<br />Suite 300
<br />PO. Box 6169
<br />Linto&s, NE 68506
<br />(402) 476 -881&
<br />
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