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201500434 41 E. Future Advances.This Deed of Trust is intended to secure future advances made to the Grantor to the maximum principal amount of "$14,123,702.24 plus interest at any time, but excluding sums advanced to protect the Secured Party's/Beneficiary's interest in the Trust Property. 41 F. Waiver of Trial bv Jury. THE GRANTOR WAIVES TRIAL BY JURY IN ANY COURT IN ANY SUIT, ACTION, PROCEEDING OR ANY MATTER ARISING IN CONNECTION WITH OR IN ANY WAY RELATED TO THIS DEED OF TRUST OR THE FINANCING TRANSACTION OF WHICH THIS DEED OF TRUST IS A PART OR THE DEFENSE OR ENFORCEMENT OF ANY OF THE SECURED PARTY'S/BENEFICIARY'S RIGHTS AND REMEDIES IN CONNECTION THEREWITH. THE GRANTOR ACKNOWLEDGES THAT IT MAKES THIS WAIVER KNOWINGLY, VOLUNTARILY, WITHOUT DURESS AND ONLY AFTER EXTENSIVE CONSIDERATION OF THE RAMIFICATION OF THIS WAIVER WITH ITS ATTORNEY." � 9. The Deed of Trust is amended to add the attached Exhibit C entitled "TRUSTOR'S ACKNOWLEDGEMENT". 10. The Deed of Trust is amended to add the attached Exhibit D entitled "AFFIDAVIT RE: WRITTEN CREDIT AGREEMENTS". 11. The Grantor hereby reaffirms the prior giving, grant, bargain, sale, conveyance and confirmation unto the Secured Party/Beneficiary, for the benefit of the Secured Party/Beneficiary, of the Trust Property (as defined in the Deed of Trust) and the Collateral (as defined in the Security Agreement) and hereby gives, grants, bargains, sells, conveys and confirms unto the Secured Party/Beneficiary for the benefit of the Secured Party/Beneficiary, the Trust Property, for purposes of securing the Debt, as modified by the Master Amendment, the Second Master Amendment, the Third Master Amendment and the documents, instruments and agreements executed in connection therewith (including this Amendment). The Grantor further reaffirms and remakes as of this date all covenants, representations and warranties set forth in the Deed of Trust and in the Loan Documents, as modified by the Master Amendment, the Second Master Amendment, the Third Master Amendment and the documents, instruments and agreements executed in connection therewith (including this Amendment). 12. Any provision of the Loan Documents (including the Deed of Trust), as modified by the Master Amendment, the Second Master Amendment, the Third Master Amendment and the documents, instruments and agreements executed in connection therewith (including this Amendment) which is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or thereof, and such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction. To the extent permitted by law, Grantor hereby waives any provision of law which renders any provision hereof or thereof that is prohibited or unenforceable in any respect. 13. This Amendment may be executed in one or more counterparts, each of which shall be deemed and original and may be relied upon with the same force and effect as originals. Except as herein amended, all terms and conditions of the Deed of Trust shall remain in full force and effect. [Signature Page Follows]