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201401103 <br /> defined in the Deed of Trust). The Deed of Trust is hereby ratified and confirmed,shall continue to <br /> constitute the binding obligation and agreement of Trustor in favor of Beneficiary,and shall secure <br /> the Note and all other obligations under the Credit Agreement as fully as if the Deed of Trust had <br /> been executed and delivered concurrently with the execution and delivery of this Agreement. All <br /> representations and warranties set forth in the Deed of Trust are restated as of the date of this <br /> Agreement and are true and correct as of the date of this Agreement, as if made on the date of this <br /> Agreement. Except as herein expressly modified or amended, all the terms and conditions of the <br /> Deed of Trust remain in full force and effect and are hereby ratified, affirmed, and approved. <br /> Nothing herein shall be deemed to constitute a novation of the Deed of Trust or any of the <br /> Obligations. <br /> 5. Successors and Assigns. This Agreement shall be binding upon and inure to the <br /> benefit of Trustor and Beneficiary and the Lenders and their respective successors and assigns, <br /> whether voluntary by act of the parties or involuntary by operation of law. <br /> 6. Cross Reference. All references in the Credit Agreement to the"Deed of Trust"shall <br /> hereafter include the modifications to the Deed of Trust set forth herein. <br /> 7. Counterparts. This Agreement may be executed in multiple counterparts each of <br /> which shall be deemed to be an original and all such counterparts together shall constitute one and <br /> the same instrument. <br /> [SIGNATURES BEGIN ON NEXT PAGE] <br /> 5 <br />