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200407371 pursuant to the Existing Deed of Trust of a security interest in the Fixtures. Nothing contained in this Confirmation shall be construed as (a) a novation of the Obligations or (b) a release or waiver of all or any portion of the conveyance to the Trustee for the benefit and security of the Beneficiary of the Trust Estate or the grant to the Trustee for the benefit and security of the Beneficiary of a security interest in the Fixtures pursuant to the Existing Deed of Trust. Section 3. Representations and Warranties. The Trustor hereby represents and warrants that the representations and warranties made by it in the Existing Deed of Trust are true and complete on and as of the date hereof as if made on and as of the date hereof and as if each reference therein to "this Deed of Trust" included reference to the Existing Deed of Trust as amended by this Confirmation. Section 4. Covenants. The Trustor hereby covenants and agrees to perform each and every duty and obligation of the Trustor contained in the Existing Deed of Trust as amended by this Confirmation. Section 5. Effectiveness. This Confirmation shall be effective as of the day and year first written above upon its execution and delivery by the Trustor. Except as herein provided, the Existing Deed of Trust shall remain unchanged and in full force and effect. Section 6. Counterparts. This Confirmation may be executed in any number of counterparts, each of which shall be deemed an original and all of which shall constitute one instrument. [Signature Page Follows] NY1: #3375558x2