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NOW, THEREFORE, the parties hereto agree as follows:
<br />20121038E
<br />B. The obligations secured by the Deed of Trust have been modified, or certain additional
<br />obligations have been or are to be incurred which are to be secured by the Deed of Trust, or other
<br />modifications to the Deed of Trust have become necessary, and Trustor and Beneficiary have agreed to
<br />modify the Deed of Trust to accurately reflect the obligations as secured thereby or such other
<br />modifications.
<br />1. The Deed of Trust is hereby modified to include within the indebtedness and obligations
<br />secured by the Deed of Trust, the payment to Beneficiary of all indebtedness and performance of all
<br />obligations evidenced by and arising under that promissory note, loan or credit agreement, confirmation
<br />letter and disclosure, or other evidence of debt, dated as of December 3, 2012, evidencing indebtedness
<br />of B.P. Oil, LLC to Beneficiary in the principal amount of $1,100,000.00 with a final maturity or payment in
<br />full date of June 1, 2013 (which represents the refinancing of that certain promissory note, loan or credit
<br />agreement, confirmation letter and disclosure, or other evidence of debt dated as of November 17, 2011,
<br />and secured by the Deed of Trust), together with interest thereon, and any such indebtedness or other
<br />obligations incurred under or in connection with the credit accommodation evidenced, even if not
<br />specifically referenced therein.
<br />2. The Deed of Trust is hereby modified to include within the indebtedness and obligations
<br />secured by the Deed of Trust, the payment of all liability, whether liquidated or unliquidated, defined,
<br />contingent, conditional or of any other nature whatsoever, and performance of all other obligations,
<br />arising under any swap, derivative, foreign exchange or hedge transaction or arrangement (or other
<br />similar transaction or arrangement howsoever described or defined) at any time entered into with
<br />Beneficiary in connection with any promissory note, loan or credit agreement, confirmation letter and
<br />disclosure, or other evidence of debt, at anytime secured by the Deed of Trust.
<br />3. The real property and the whole thereof described in the Deed of Trust shall remain
<br />subject to the lien, charge or encumbrance of the Deed of Trust and nothing herein contained or done
<br />pursuant hereto shall affect or be construed to affect the liens, charges or encumbrances of the Deed of
<br />Trust, or the priority thereof over other liens, charges or encumbrances, or to release or affect the liability
<br />of any party or parties who may now or hereafter be liable under or on account of said promissory notes,
<br />loan or credit agreements, confirmation letters and disclosures, or other evidences of debt and /or the
<br />Deed of Trust.
<br />4. All terms and conditions of the Deed of Trust not expressly modified herein remain in full
<br />force and effect, without waiver or amendment. This Modification and the Deed of Trust shall be read
<br />together, as one document.
<br />C- 520_NE 12 -06 (Rev. 01/11) -2-
<br />I 11 1 11IA110 11
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