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i - - - ------ -- --. - i - - _ - <br /> ��14�71SS <br /> � <br /> . � � <br /> amendrnent, amendment and restatement, supplementati�n or other madificat�on. � <br /> C, Reference is made to that certain Resignation and Appointment of <br /> Successor Agent and Austra�ian Successor Agent Agreement, dated as of the Effective Date �as <br /> arnended, restated, amended and restated,modified ar supplemented from time to time,the <br /> "Resi nation A reement"�, among JPMorgan Chase, Bank�f America ara.d the other parties <br /> � thereto, whereby JPMorgan�hase res�gne�as Administrat�ve Agent under the �redit Agreement <br /> and the other Laan Documents and Bank of America was appointed to rep�ace JPMorga.n Chase <br /> as Administrative Agent under the Credit Agreement and the other L�a.n Dacuments. <br /> D. Trustar and Beneficiary desire to, am�ng other things �i} give notice of the <br /> e�ecut�on and delivery�f the Resignat�on Agreement, �ii� give not�ce that the �b�igations under <br /> the �redit Agreement�ontinue t�be secured by the Iien�f the Existing Deed of Trust, �iii�make <br /> certain modif cations to the E��sting Deed of Trust a�more fuliy set forth be�ovv and(iv� conf rm <br /> that the E�ist�ng Deed of Trust remains in full force and effect, except on�y to the e�tent <br /> express�y modif ed by this Deed of Trust Amendment. <br /> A �REEMENT : <br /> N��V, THEREF�RE, for go�d and valuable consxderation,the receipt and <br /> sufficiency of which is hereby acknowledged, Trustor and B�nefzciaxy agree and give n�tice as <br /> folloWs: <br /> �. 14rnendment. � <br /> The Existing Deed of Trust is hereby amended as fa�lows: <br /> 1.1 As af the Effect�ve Date, �v�rhenev�r referred t� in the E�isting Deed of <br /> Trust,the follovv�ng term defined in the Existing Deed of Trust shal�b� and is hereby amended <br /> and restated to have the meaning ascribed to su�h term beloW: <br /> A. "Credit A reement" sha11 mean that certain Th�rd Am�nded and <br /> Restated Revolving Syndicated Facility Agreement, dated as of the Effe�tive Date by and <br /> between the Barrow�r, the other L�an Parties party thereto �inc�uding Trustor�, the severa�banks <br /> and other financia� �nstitution� or entities fr�m time to time party th�reto and the Agent. <br /> 1.2 Refer�nce to Secti�n 5.�9 of the �redit Agre�ment appearing in Secti�n <br /> 3.7(a� of the Deed of Trust zs hereby deleted and rep�aced by r�ference to S ection 5.�8 �f the � <br /> Credit Agreement. <br /> 1.3 The reference to the preamble of the Deed of Trust for the name and <br /> address of the Se�ured Party c�ntain�d in Sect�on 7.1 of the Deed of Trust is hereby replaced <br /> with th�name and address of Beneficiary set forth in the preamble �f th�s I]eed of Trust <br /> Amendment. <br /> Grand Island Neb�aska Firsf Amendment <br />