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201500434 Secured Promissory Notes dated as of the dates set forth on the attached Replacement Exhibit B and each given or guaranteed by Grantor (collectively, the "Other Notes"). The Initial Notes, Other Notes, Deed of Trust, Security Agreement, Environmental Indemnity, and Guaranty together with all other documents, instruments and agreements that now or hereafter evidence, secure and/or guaranty the outstanding indebtedness of the Initial Notes and the Other Notes are collectively referred to herein as the "Original Loan Documents". The Grantor, its affiliates and Secured Party/Beneficiary further entered into that certain Master Amendment to Loan Documents dated May 2, 2014 (the "Master Amendment") pursuant to which Grantor and Secured Party/Beneficiary agreed to modify certain of the terms and conditions contained in the Original Loan Documents, including the Deed of Trust. The Master Amendment was further modified pursuant to the terms of that certain Second Master Amendment to Loan Documents dated October 2, 2014 between Grantor, its affiliates and Secured Part/Beneficiary (the "Second Master Amendment" together with the Master Amendment and the Original Loan Documents, collectively, the "Loan Documents"). The Master Amendment and the Second Master Amendment were further modified pursuant to the terms of that certain Third Master Amendment to Loan Documents dated as of December 1, 2014 between Grantor, its affiliates and Secured Party/Beneficiary (the "Third Master AmendmenY' together with the Master Amendment, the Second Master Amendment and the Original Loan Documents, collectively, the "Loan Documents"). The indebtedness evidenced by the Initial Notes and the Other Notes and the Initial Loans and the Other Loans is coilectively referred to herein as the "Loan" or the "Loans". All defined terms that are used herein, but not defined herein, shall have the meanings ascribed to such terms in the Loan Documents, as now or hereafter amended. Pursuant to the terms of the Master Amendment, as amended by the Second Master Amendment, as further amended by the Third Master Amendment, the Grantor requested that the Secured Party/Beneficiary modify certain of the terms and conditions contained in the Original Loan Documents and as partial consideration for Secured Party's/Beneficiary's agreement to make such modifications, the Grantor and the Secured Part/Beneficiary agreed to modify the Deed of Trust in accordance with the terms of the Master Amendmen�, as set forth below. Now therefore, in exchange for the Secured Party's/Beneficiary's agreement to enter into the Master Amendment, the Second Master Amendment and the Third Master Amendment and for other good and valuable consideration, the receipt of which is hereby acknowledged, the parties wish to amend the Deed of Trust as follows: 1. The Deed of Trust is amended so that the portion of the granting ciause starting with "NOW THEREFORE, to secure the payment ..." and ending with "... (such property, rights and interests being hereinafter collectively referred to as the "Trust Property"):" is hereby restated as follows: "NOW THEREFORE, to secure the payment of an aggregate indebtedness in the amounts set forth on Exhibit B (hereinafter collectively referred to as the "Loan") lawful money of the United States of America, to be paid with interest and periodic charges (said obligations, interest, periodic charges and all other sums which may or shall become due hereunder being hereinafter collectively referred to as the "Debt") as evidenced by (i) (a) a certain Secured Promissory Note or Notes (hereinafter coilectively referred to as the "Initial Note") relating to the acquisition of the Premises and the construction of a Ruby Tuesday's restaurant having a property address of 2320 South Jeffers Street, North Platte, Nebraska 69101 (hereinafter referred to as the "Store"), thereon, and (b) certain other Secured Promissory Notes more particularly identified on the attached Exhibit B relating to certain other stores operated by the Grantor or its affiliates (hereinafter referred to as the "Other Notes" together with the Initial Note, collectively the "Note"), each given or guaranteed by Grantor to Beneficiary and in the amounts more particularly described on the attached Exhibit B, and as secured by (ii) a