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<br /> THIS INSTRUMENT WAS PREPARED BY AND,WHEN Cross-Reference:
<br /> RECORDED,SHOULD BE RETURNED TO: Leasehold Deed of Trust,Assignment of
<br /> Leases and Rents and Fixture Filing recorded
<br /> Morris,Manning&Martin,LLP on January 4,2013,as instrument no.
<br /> 1600 Atlanta Financial Center 201300074,Hall County,Nebraska records.
<br /> 3343 Peachtree Road,N.E.
<br /> Atlanta,GA 30326 Unit:
<br /> Attn: Frederick C.C.Boyd,III,Esq. Store No.94085
<br /> 721 Diers Avenue
<br /> Grand Island,Nebraska 68803
<br /> Hall County
<br /> FIRST MODIFICATION OF LEASEHOLD DEED OF TRUST,ASSIGNMENT OF
<br /> LEASES AND RENTS AND FIXTURE FILING
<br /> THIS FIRST MODIFICATION OF LEASEHOLD DEED OF TRUST,ASSIGNMENT OF
<br /> LEASES AND RENTS AND FIXTURE FILING(hereinafter referred to as this"Agreement"),made
<br /> and entered into as of the �_ day of December, 2013, by and between RMH FRANCHISE
<br /> CORPORATION, a Kansas corporation(herein, together with its successors and assigns, called
<br /> "Trustor"), with a mailing address at 2021 Pine Lake Road, #100, Lincoln,NE 68512, Attention:
<br /> Jeff Neumann, for the benefit of BANK OF AMERICA, N.A., a national banking association,
<br /> individually and in its capacity as Administrative Agent(as defined in the Credit Agreement referred
<br /> to below)for its benefit and the ratable benefit of the Lenders which are parties from time to time to
<br /> the Credit Agreement, as the Beneficiary (herein, together with its successors and assigns, called
<br /> "Beneficiarv"), with a mailing address at 101 South Tryon Street, Bank of America Plaza, Mail
<br /> Code:NC1-002-15-36,Charlotte,North Carolina 28255-0001,Attn: Erik M.Truette (the Lenders,
<br /> the Beneficiary, and certain other Persons parties to Related Credit Arrangements as more
<br /> particularly described in the Deed of Trust referred to below,collectively referred to as the"Secured
<br /> Parties").
<br /> RECITALS
<br /> A. Trustor and RMH Franchise Holdings,Inc.,a Delaware corporation(individually and
<br /> collectively,the"Borrower"),as borrower,the lenders that are a party thereto from time to time(the
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