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201202712 D. Beneficiary and Trustor desire to enter into this Amendment to amend certain terms of the Deed of Trust, all in accordance with the terms and conditions set forth herein. AGREEMENT IN CONSIDERATION of the foregoing and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Beneficiary, Trustee and Trustor agree as follows: 1. Amendments to Deed of Trust. (a) Additional Advance. Pursuant to the Loan Agreement Amendment, Beneficiary agreed to make available to Trustor additional advances on the Loan in an aggregate up to $[768,864.27] (the "Additional Advance ") for the purposes described therein. The Additional Advance and the indebtedness evidenced by the Original Note are hereby consolidated so as to constitute a single indebtedness of Trustor to Beneficiary in the aggregate principal amount of $17,000,000 (the "Aggregate Loan "). The Aggregate Loan is evidenced by the Amended and Restated Note and is secured by, among other things, the Deed of Trust. The Deed of Trust shall secure, in addition to any other obligations secured thereby, the payment and performance by Trustor of all obligations under (i) the Amended and Restated Note together with interest and other charges thereon and any and all amendments, modifications, extensions and renewals thereof, whether or not any such amendment, modification, extension or renewal is evidenced by a new or additional promissory note or notes; and (ii) the Loan Agreement Agreement, as amended, modified, extended or renewed. (b) Amended and Restated Note. All references in the Deed of Trust to the Note shall mean the Amended and Restated Note, and any extensions, renewals, restatements and modifications thereof. 2. References to Deed of Trust. All references in any of the Loan Documents to the Deed of Trust hereafter refer to the Deed of Trust as amended pursuant to this Amendment. 3. Effectiveness of Deed of Trust. Trustor hereby affirms and reaffirms all of the terms and conditions of the Deed of Trust. Except as amended hereby, the provisions of the Deed of Trust are not changed, altered or amended and they remain in full force and effect. In the event of any conflict between this Amendment and the terms of the Deed of Trust, the terms of this Amendment shall control. 4. Miscellaneous. (a) This Amendment may be executed in any number of counterparts, each of which shall be an original, but all of which together shall constitute one instrument. (b) This Amendment shall be binding upon and inure to the benefit of the parties and their respective heirs, administrators, personal representatives, successors and permissible assigns. 2 41576577vl den