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201309259 3.2 Notice to Junior Lien Claimants. The Existing Deed of Trust provided, and gave full record notice to all potential Junior Lien Claimants, that the Existing Deed of Trust was intended to secure the Obligations arising not only under the Existing Credit Agreement, but also under any amendments, restatements, supplements, waivers, refinancing or other modifications of the Existing Credit Agreement. Any of the foregoing may potentially result in a Change to the Obligations, whether or not: (a) any notice is recorded with respect to such Change; (b) such Change increases the principal amount (subject to any express limitations thereon set forth in the Existing Deed of Trust) or the interest rate or otherwise adversely affects Junior Lien Claimants; or(c) Grantor executes or delivers new or additional note(s)to evidence or confirm such Change. All actual and potential Junior Lien Claimants are hereby placed on notice that the Obligations are subject to Change(s). The execution and delivery of this Deed of Trust Amendment, or of any subsequent or prior (if any) amendment of the Existing Deed of Trust, shall not impair, reduce or subordinate, in whole or in part, the priority of the Existing Deed of Trust. Further, by taking or accepting its interest in the Mortgaged Property (as defined in the Existing Deed of Trust) subject to the Existing Deed of Trust, each Junior Lien Claimant understands and acknowledges that the priority and validity of the lien of the Existing Deed of Trust shall not be impaired or limited in any way by any Change. Notwithstanding the magnitude or nature of any Change, such Change shall under no circumstances be deemed to constitute a novation with respect to any Obligation, or otherwise impair or reduce the priority of the lien of the Existing Deed of Trust. 4. Amendments. The parties hereby give notice that (i) the Borrower, the lenders party thereto, JPMorgan Chase Bank, NSA., as administrative agent, and the other parties thereto, have entered into the Amendments and (ii) the Obligations under the Amendments are secured by the lien of the Existing Deed of Trust, as modified and amended by this Deed of Trust Amendment. 5. Future Amendments. The Existing Deed of Trust cannot be further altered, amended, modified, terminated, waived, released, or discharged, except in accordance with the provisions of the Existing Deed of Trust. Any amendment of the Loan,Documents or of the Obligations may or may not be recorded. Any such amendment shall be fully effective whether or not recorded, without thereby impairing or reducing the priority of the lien of the Existing Deed of Trust or constituting a novation. 6. GOVERNING LA W. THIS DEED OF TRUST AMENDMENT SHALL BE CONSTRUED, INTERPRETED AND GOVERNED IN ACCORDANCE WITH SECTION 9.9 OF THE EXISTING DEED OF TRUST. 7, Counterparts. This Deed of Trust Amendment may be executed in any number of counterparts and by different parties hereto in separate counterparts, each of which when so executed and 509265-1598-03097-Active.14924291.2