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200214556 <br />FIRST AMENDMENT TO LEASEHOLD <br />DEED OF TRUST, SECURITY AGREEMENT <br />AND ASSIGNMENT OF LEASES AND RENTS <br />This FIRST AMENDMENT TO LEASEHOLD DEED OF TRUST, <br />SECURITY AGREEMENT AND ASSIGNMENT OF LEASES AND <br />RENTS (this "Amendment ") is made as of this ay of December, 2002 <br />by and between Fazoli's Restaurants, Inc., a Kentucky corporation having <br />its principal office at 2470 Palumbo Drive, Lexington, Kentucky 40509 <br />(`Grantor "), and Fleet National Bank (formerly known as BankBoston, <br />N.A.), a national banking association having its principal place of <br />business at 100 Federal Street, Boston, Massachusetts 02110, as Agent <br />for itself and the other Banks (as defined in the Amended Credit <br />Agreement as defined herein) (in such capacity as Agent, `Beneficiary "). <br />WHEREAS, Grantor and Fazoli's Joint Venture, Ltd. (the "Co- <br />Borrowers"), Seed Restaurant Group, Inc., Beneficiary and certain of the <br />Banks are parties to that certain Revolving Credit and Term Loan <br />Agreement dated as of March 30, 1999 (as amended and in effect on the <br />date hereof, the "Original Credit Agreement ") pursuant to which such <br />Banks, upon certain terms and conditions, made certain revolving and <br />term loans to the Co- Borrowers which were evidenced by various notes; <br />WHEREAS, Grantor, to secure the loans extended to the Co- <br />Borrowers pursuant to the Original Credit Agreement, executed and <br />delivered to Lawyer's Title Insurance Corporation whose mailing address <br />is 30 North LaSalle Street, Suite 3440, Chicago, Illinois 60602 <br />(`Trustee "), for the benefit of Beneficiary that certain Leasehold Deed of <br />Trust, Security Agreement and Assignment of Leases and Rents dated as <br />of March 30, 1999 which was recorded as Instrument No. 99- 103612 of the <br />Official Records of Hall County, Nebraska (the "Original Leasehold <br />Deed of Trust "); <br />WHEREAS, the obligations of the Co- Borrowers set forth in the <br />Original Credit Agreement and originally secured by the Original <br />Leasehold Deed of Trust have not been satisfied, discharged or fully <br />repaid, but have been amended and restated in accordance with the terms <br />of a certain Amended and Restated Revolving Credit and Term Loan <br />Agreement dated as of December 10 2002 by and among the Co- <br />Borrowers, Seed Restaurant Group, &c., Beneficiary and the Banks (as <br />the same may from time to time be amended, supplemented, extended, <br />restated or otherwise modified, the "Amended Credit Agreement") <br />pursuant to which the Banks, upon certain terms and conditions have <br />BUSDOCS_ 116029E_1 <br />