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Amendment, and by this Third Amendment the parties desire to amend the Deed of Trust as set forth
<br />below.
<br />AGREEMENT:
<br />291405470
<br />NOW THEREFORE, in consideration of the foregoing recitals and the mutual agreements herein
<br />set forth, and for other good and valuable consideration, the receipt and adequacy of which are hereby
<br />acknowledged, Trustor and Beneficiary hereby agree, and amend the Deed of Trust, as follows:
<br />1. Definition of "Note" in Deed of Trust. The definition of "Note" in the Deed of Trust,
<br />including Exhibit A attached thereto shall be amended to refer collectively to (a) a Secured Promissory
<br />Note — Tranche I from Trustor to Beneficiary dated as of June 30, 2011, in the original principal amount of
<br />$75,000,000.00, with a final payment due on July 1, 2021, (b) a Secured Promissory Note — Tranche II
<br />from Trustor to Beneficiary dated as of June 30, 2011, in the original principal amount of $15,000,000.00,
<br />with a final payment due on July 1, 2021, (c) a Secured Promissory Note — Tranche III from Trustor to
<br />Beneficiary dated as of May 17, 2013, in the original principal amount of $8,000,000.00, with a final
<br />payment due on July 1, 2021, (d) a Secured Promissory Note — Tranche IV from Trustor to Beneficary
<br />dated as of July 2, 2014, in the original principal amount of $2,000,000.00, with a final payment due on
<br />July 1, 2021, (e) a Secured Promissory Note — Tranche V dated as of the date of the Third Amendment, in
<br />the original principal amount of $8,000,000, with a final payment due on September 1, 2021, (f) all other
<br />promissory notes hereafter executed from Trustor to Beneficiary, and (g) any amendment, restatement,
<br />extension, renewal, or replacement of any of the foregoing. The Note contains provisions for the interest
<br />rate therein to be adjusted from time to time.
<br />2. Definition of Loan Agreement. The definition of "Loan Agreement" as set forth on
<br />Exhibit "A" of the Deed of Trust is hereby amended and restated in its entirety as follows:
<br />"Loan Agreement" means that certain Amended and Restated Loan Agreement dated as
<br />of May 17, 2013 between Trustor and Beneficiary, as the same may be amended,
<br />restated, extended, supplemented, increased, renewed or otherwise modified.
<br />3. Definition of Obligations. The definition of "Obligations" as set forth on Exhibit A of the
<br />Deed of Trust is deleted in its entirety.
<br />4. Amendment to Section 1.7 to the Deed of Trust. Section 1.7 of the Deed of Trust is
<br />hereby amenbed and restated in its entirety as follows:
<br />1.7 Obligations Secured. This Deed of Trust secures the following obligations
<br />(collectively, the "Obligations "):
<br />(a) Payment of and performance of all covenants, agreements, liabilities
<br />and obligations of Trustor under the Note, the Loan Agreement, or this Deed of Trust.
<br />(b) Payment and performance of all future advances and other obligations
<br />of Trustor to the Beneficiary, whether now existing or hereafter incurred or created,
<br />whether voluntary or involuntary, whether due or not due, whether absolute or
<br />contingent, or whether incurred directly or acquired by the Beneficiary by assignment or
<br />otherwise.
<br />(c) Payment of all costs and expenses of collection, legal expenses and
<br />attorney's fees incurred by Beneficiary, its successors and assigns, in the enforcement of
<br />the rights of Beneficiary hereunder or in any litigation or bankruptcy proceeding for the
<br />protection of Beneficiary's collateral and claim against Trustor.
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