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��15�1747
<br /> RECITALS
<br /> A. Trustor and RMH Franchise H�ldings,�nc.,a De�aware c�rporation��ndiv�dually and
<br /> ca�Iectively, the "Barrower"}, as borrower, the L�nders and Benefic�ary are party ta that certain
<br /> Amended and Restated Credit Agreement dated as of December 2�, Z�l 3, as amended pursuant to
<br /> that certain F�rst Amendment t�Amended and Restated�redit Agreement dated as of I]ece�ber ��,
<br /> 2�I 4 (th�"First Amendment"; and,t�gether v�rith the Amended and Restated�redit Agre�ment,as
<br /> may be further amended, restated, amended and restated, supplemented, consolidated, r�p�aced,
<br /> renew�d, extend�d ar�therwise modif�ed from time to time, the "�redit A reement"} pursuant t�
<br /> wh�ch the Lenders ha�e made ar shall make eertain loar�s to the Borrower�calle�ti�e�y,the"Loans"}.
<br /> B. As �ol�at�ral fnr the Loans, Trustor previously execut�d and deli�ered to First
<br /> American Title Insurance Campany, as trustee, in favar af Beneficiary, among other mort�ages,
<br /> deeds to se�ure debty deeds of trust and �ther security d�cuments, that certa�n Leaseho�d I]eed of
<br /> Trust,Assignm�nt of Leases and Rents and Fix�ure Filrng dated I�ecember�7,2�12 and recorded in
<br /> the real estate recards af Ha�� �ounty,Nebraska on January 4,2��3,as in5trument no.��13���74,as
<br /> �nadified by that cer�a�n First Modif cation of Leasehold I]eed of Trust, Ass�gnment of Leases and
<br /> Rents and Fixture Fi�ing dated December ��, 2�13, and recorded on February �7, �014, as
<br /> instrumen�no. 2D�4�11�3,afaresaid records(together with a�l amendrnents and modif�at��ns pr�or
<br /> to the date hereof, the "Deed of Trust"�.
<br /> �. Trustor and Beneficiary wish t� m�dify the Deed of Trust to secure an additional
<br /> ��ligations as set forth in the Credit Agreement as amended by the F�rst Amendment.
<br /> N�W,THEREF�R.E,THIS AGREEMENT WITNESSETH,that in consideratior�of the sum
<br /> �f Ten and Noll�� Do�lars �$��.�0�, the faregoing recitals, an�i other gaod and valuab�e
<br /> considerat�on, the receipt and sufficiency �f WI71C�7 are h�reby acknaW�edged, Trustor and
<br /> B�neficiary da hereby agree as fal�o�rs effective as of the date hereof:
<br /> 1. Amendment. Recita�.�D}(ii�of the I]eed of Trust xs hereby de�eted in its ent�rety and
<br /> th� fallowing pr�vision is substituted �n lieu thereof:
<br /> "��i� the fu11 and punc�ual payment when due of a11 am�unts payahle b� Trustor
<br /> under this Deed af Trust, including,with�ut limitati�n, indemnification obli�at�ons
<br /> and ad�ances made pursuant ta the L�an Documents, including any and al� future
<br /> ad�ances �vvhether�r not�b�igatory} �n an amount up ta a sum e�ua1 to the am�un�
<br /> of the L�an;S?
<br /> 3. I]efinitians. A11 capitalized terms nat otherwise defined herein shal� have the same
<br /> meaning as set forth in the Credit Agreement.
<br /> 4. Ratificatian. Trust�r anc� Beneficiar� �ntend ar�d agree that the Deed of Trust sha��
<br /> cont�nue in full force and effect as valid and effecti�e �iens on al� of the Mortgaged Praperty �as
<br /> defined in the Deed of Trust�. The D�ed of Trust is hereby rat�f ed and�onfirmed, sha11�ontir�ue to
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