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201400400
<br />(c) Section 25(b) hereof is amended to change the first reference therein to "Lender" to
<br />"Deed of Trust Trustee."
<br />(d) Section 25(c) hereof is amended to change all references therein to "Lender" to "Deed of
<br />Trust Trustee."
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<br />FOR MORTGAGED PROPERTY LOCATED IN TEXAS
<br />1. The introductory paragraph on Page 1 of this Security Instrument is hereby
<br />amended in its entirety to read as follows:
<br />THIS DEED OF TRUST, SECURITY AGREEMENT, ASSIGNMENT OF LEASES AND
<br />RENTS AND FIXTURE FILING (this "Security Instrument ") dated as of the Effective Date set
<br />forth on Schedule A attached hereto and made a part hereof (the "Effective Date ") is executed by
<br />the Borrower set forth on Schedule A attached hereto and made a part hereof (together with its
<br />permitted assigns hereunder, "Borrower "), having its principal office at the address set forth on
<br />Schedule A attached hereto and made a part hereof, and delivered to SAM SMITH, having an
<br />address at 1900 West Loop South, Suite #200, Houston, Texas 77027 ( "Deed of Trust Trustee "), for
<br />the benefit of WELLS FARGO BANK NORTHWEST, NATIONAL ASSOCIATION, as trustee
<br />pursuant to the Declaration of Trust dated as of October 10, 2013 (the "Declaration "), having its
<br />principal place of business at 260 North Charles Lindbergh Drive, MAC: U 1240 -026, Salt Lake
<br />City, Utah 84116 ( "Lender ").
<br />2. The second grammatical paragraph on Page 1 of this Security Instrument is hereby
<br />amended in its entirety to read as follows:
<br />To secure the payment of an indebtedness in the principal sum set forth as the
<br />Loan Amount on Schedule A attached hereto, in lawful money of the United
<br />States of America, to be paid with interest according to the terms of that certain
<br />Promissory Note dated as of even date herewith, with a maturity date of January
<br />10, 2036, made by Borrower to Lender (the note together with all extensions,
<br />renewals or modifications thereof being hereinafter collectively called the "Note ")
<br />and all other Debt (hereinafter defined), Borrower has mortgaged, given, granted,
<br />bargained, sold, aliened, released, conveyed, confirmed, pledged, assigned, and
<br />hypothecated and by these presents does hereby mortgage, give, grant, bargain,
<br />sell, alien, release, convey, confirm, pledge, assign and hypothecate unto Deed of
<br />Trust Trustee Borrower's interest in and to the Premises (as defined herein) which
<br />is described in Exhibit A attached hereto and the buildings, structures, fixtures
<br />(except "trade fixtures" as defined in Section 19 of Part II of the Lease (as
<br />hereinafter defined) not owned by Borrower), additions, enlargements, extensions,
<br />modifications, repairs, replacements and improvements now or hereafter located
<br />thereon (the "Improvements ");
<br />- 135 -
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