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201500434
<br /> certain Loan and a certain Loan and Security Agreement entered into between Grantor
<br /> and Beneficiary (hereinafter collectively referred to as the "Security Agreement"), Grantor
<br /> has given, granted, bargained, sold, aliened, enfeoffed, conveyed, confirmed and
<br /> assigned, and by these presents does give, grant, bargain, seli, alien, enfeoff, convey,
<br /> confirm and assign unto Trustee in trust forever all right, title and interest of Grantor now
<br /> owned, or hereafter acquired, in and to the following property, rights and interests (such
<br /> property, rights and interests being hereinafter collectively referred to as the "Trust
<br /> Property"):"
<br /> 2. The Deed of Trust is amended so that "Exhibit B" is hereby replaced with the attached
<br /> "Replacement Exhibit B" which is made a part of the Deed of Trust by this reference. In
<br /> this regard, all references in the Deed of Trust and the Loan Documents to the term
<br /> "Debt", "Loan" and "Obligations" shall be deemed to inciude the indebtedness identified
<br /> on the attached Replacement Exhibit B.
<br /> 3. The Deed of Trust and the Loan Documents are amended so that the name and address
<br /> of the Secured Party/Beneficiary is changed from (i) Irwin Franchise Capital Corporation,
<br /> an Indiana corporation, with an address of 2700 Westchester Avenue, Purchase, New
<br /> York 10577, to (ii) First Franchise Capital Corporation, an Indiana corporation, f/k/a Irwin
<br /> Franchise Capital Corporation, with an address of One Maynard Drive, Suite 2104, Park
<br /> Ridge, New Jersey 07656.
<br /> 4. The Deed of Trust and the Loan Documents that are specific to the Trust Property
<br /> collaterai site are amended so that the address of the Grantor (including the notice
<br /> address) is changed from (i) 2111 Boston Drive, Lincoln, Nebraska 68521, to (ii) c/o
<br /> Ruby Tuesday, Inc., 150 West Church Avenue, Maryville, Tennessee 37801; Attn: James
<br /> Buettgen.
<br /> 5. The Deed of Trust and the Loan Documents are amended so that all references to the
<br /> term (i) "Loan Documents" shali mean and include the Original Loan Documents together
<br /> with the Master Amendment, the Second Master Amendment, the Third Master
<br /> Amendment and all documents, instruments, guarantees and agreements executed in
<br /> connection therewith, and (ii) "Debt", "Loan", "Loans" and/or "Obligations" shall include
<br /> the indebtedness evidenced by the Note (including the Initial Note and the Other Notes).
<br /> 6. The Cover Page of the Deed of Trust is amended so that the following is added under
<br /> Address of Grantor:
<br /> Store Number: 7249
<br /> Store Address: Eagle Run Sl�opping Center, U.S. 281 and West 13th, Grand
<br /> Island, Nebraska a/k/a 3429 West 13th Skreet, t�rarrd Isl�nd,
<br /> Nebraska 68803-2308
<br /> 7. The capitalized language appearing at the top of Page 1 of the Deed of Trust is modified
<br /> so that the amount of "$1,910,500.00 plus interest at any time" is replaced with
<br /> "$14,123,702.24 plus interest at any time".
<br /> 8. The foilowing language is hereby added to the Deed of Trust as Section 41:
<br /> "41 A. Inconsistencies. In the event of any inconsistencies between the terms and
<br /> conditions of this Section 41 and any other terms and conditions of this Deed of Trust, the terms and
<br /> conditions of this Section 41 shall controi.
<br /> 41 B. Security Interest. This Deed of Trust is intended to constitute a financing statement
<br /> with respect to the Trust Property and is to be filed for record in the real property records for the county in
<br /> which the Premises are located.
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