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201309259
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Last modified
1/1/2014 12:08:38 AM
Creation date
11/25/2013 8:40:19 AM
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DEEDS
Inst Number
201309259
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201309259 <br /> to the term "Obligations" shall mean the Obligations (as defined in the Existing Deed of Trust), <br /> as amended and modified by the Amendments, and as the same may be further amended, <br /> amended and restated, supplemented and otherwise modified from time to time if and when <br /> Credit Agreement is further amended, amended and restated, supplemented or otherwise <br /> modified from time to time, including any modification changing the amount, the interest rate or <br /> other terms of the Obligations (as defined in the Existing Deed of Trust). <br /> 2. Confirmation and Ratification of Existing Deed of Trust. <br /> Grantor, to induce Beneficiary to consummate the transactions contemplated by <br /> the Second Amendment, and to secure the payment of the Obligations, hereby confirms, ratifies, <br /> agrees, restates and reaffirms the grant, bargain and conveyance of the Mortgaged Property (as <br /> defined in the Existing Deed of Trust) to Trustee for the benefit of Beneficiary as Agent for the <br /> Secured Parties in accordance with the terms of the Existing Deed of Trust. Nothing contained <br /> in this Deed of Trust Amendment shall be construed as (a) a novation of the Obligations or(b) a <br /> release or waiver of all or any portion of the grant or conveyance to Trustee or Beneficiary of the <br /> Mortgaged Property (as defined in the Existing Deed of Trust). As modified by this Deed of <br /> Trust Amendment, the Existing Deed of Trust shall continue in full force and effect and shall <br /> continue to be a valid and subsisting lien against the Mortgaged Property(as defined in the <br /> Existing Deed of Trust). This Deed of Trust Amendment relates only to the specific matters <br /> covered herein and shall not constitute a consent to or waiver or modification of any other <br /> provision, term or condition of the Existing Deed of Trust. Further, nothing in this Deed of Trust <br /> Amendment is intended to waive any rights or remedies of Beneficiary under the Existing Deed <br /> of Trust, or any rights or defaults of Grantor under the Existing Deed of Trust. As acknowledged <br /> by its signature below, Grantor agrees to the terms, covenants, provisions and agreements of this <br /> Deed of Trust Amendment. <br /> 3, No Change in Deed of Trust Priority. <br /> 3.1 Definitions. <br /> A. Junior Lien Claimant. A "Junior Lien Claimant" means any holder <br /> of any interest or claim that affects any Mortgaged Property (as defined in the Existing <br /> Deed of Trust) or estate or interest therein, which interest or claim is recorded after the <br /> date the Existing Deed of Trust was originally recorded or that is otherwise, or is <br /> intended to be,junior and subordinate to the lien of the Existing Deed of Trust. <br /> B. Change. The Obligations may, from time to time, be amended, <br /> modified, extended, renewed, restated, increased, repledged, supplemented, or otherwise <br /> changed (any of the foregoing, a"Change"). Changes may include any or all of the <br /> following: (i) complete or partial amendment and restatement of any or all terms and <br /> conditions of the Obligations; (ii) modifications of the required principal and/or interest <br /> payment dates, deferring or accelerating such payment dates in whole or in part; (iii) <br /> modifications, extensions or renewals at a different rate of interest; (iv) increases in any <br /> amount in the principal or interest rate of the Obligations; and/or(v)modifications or <br /> additional amounts advanced with respect to the Obligations, all in accordance with and <br /> pursuant to the Credit Agreement. <br /> 4 <br /> 509265-1598-03097-Active.14924291.2 <br />
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