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200208356 3. Maturity of Deed of Trust. Any reference in the Deed of Trust to a maturity (late of the Deed of Trust is hereby deleted, it being the intent of the parties hereto that the Deed of Trust have no stated maturity date. This does not affect maturity of the Obligations under the Loan Documents. i 4. Additional Terms. S. Fees and Expenses. The, Truster will pay ay fees and expenses (including attorneys' fees) in connection with the preparation, execution and recording of this "AIldmeni. 6. Effectiveness of Prior Document. Except as provided in this Amendment, all terms and conditions contained in the Deed of Trust remain in full force and effect in accordance with their terms, including any reference in the Deed of Trust to future credit secured by the Deed of Trust; and nothing herein willaffect the priority of the Deed of Trust. Allwarranties and representations contained in the Deed of Trust are hereby reconfirmed as of the date hereof. Allcollateral previously provided to secure the Note continues as security, and all guaranties guaranteeing obligations under the Note remain in full force and effect. This is an amendment, not a novation. 7. No Waiver of Defaults; Warranties. This Amendment shall not be construed as or be deemed to be a waiver by the Beneficiary of existing defaults by the Trustor whether known or undiscovered. Allagleemcno, representations and warranties made herein shall survive the execution of this Amendment. 8, Counterparts. This Amendment may be signed in any number of counterparts, each of which will be considered an original, but when taken together will constitute one document. 9. Authorization. The Trustor represents and warrants that the execution, delivery and performance of this Amendment and the documents referenced to herein are within the organizational powers (as applicable) of the Truster and have been duty authorized by all necessary organizational action. IMPORTANT: READ BEFORE SIGNING. THE TERMS OF THIS AGREEMENT SHOULD BE READ CARF.FULLYBF.CAUSE ONLY THOSE TERMS IN WRITING,EXPRESSING CONSIDERATION AND SIGNED BY THE PARTIES ARE ENFORCEABLE. NO OTHER TERMS OR ORAL. PROMISES NOT CONTAINED IN THIS WRITTENCONTRACT MAY BE LEGALLYENFORCED. THE TERMS OF THIS AGREEMENT MAY ONLY BE CHANGED BY ANOTHER WRITTEN AGREEMENT. INWITNESS WHEREOF, the undersigned has /have executed this AMENDMENTas of AUGUST 8, 2002 O'CONNOR ENTERPRISES, INC. (Individual'Frustor) Printed Name (Individual Tmstor) Printed Name U.S. BANK N.A. Beneficiary yank) By: RONALD N BIELE ERG Name and'1'ltle: MARKET PRESID T 35n1NE 'Truster Name rf♦tli ;1:CH &.1 �K- lN.I91r -109 -1 By Nameand Title RAYMOND J O'CONNOR, PRESIDENT By Name and Title [NOTARIZATION ON NEXT PAGE] Pave 2 of 3 Oro.