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<< <br />20100425!G <br />1. The Deed of Trust is hereby modified to include within the indebtedness and obligations <br />secured by the Deed of Trust, the payment to Beneficiary of all indebtedness and performance of all <br />obligations evidenced by and arising under that promissory note, loan or credit agreement, confirmation <br />letter and disclosure, or other evidence of debt, dated as of May 1, 2010, evidencing indebtedness of Old <br />Sears Development, Inc. to Beneficiary in the principal amount of $160,981.25 with a final maturity or <br />payment in full date of May 15, 2015 (which represents the refinancing of that certain promissory note, <br />loan or credit agreement, confirmation letter and disclosure, or other evidence of debt dated as of <br />November 29, 2004, and secured by the Deed of Trust), together with interest thereon, and any such <br />indebtedness or other obligations incurred under or in connection with the credit accommodation <br />evidenced, even if not specifically referenced therein. <br />2. The Deed of Trust is hereby modified to include within the indebtedness and obligations <br />secured by the Deed of Trust, the payment of all liability, whether liquidated or unliquidated, defined, <br />contingent, conditional or of any other nature whatsoever, and performance of all other obligations, <br />arising under any swap, derivative, foreign exchange or hedge transaction or arrangement (or other <br />similar transaction or arrangement howsoever described or defined) at any time entered into with <br />Beneficiary in connection with any promissory note, loan or credit agreement, confirmation letter and <br />disclosure, or other evidence of debt, at anytime secured by the Deed of Trust. <br />3. The real property and the whole thereof described in the Deed of Trust shall remain <br />subject to the lien, charge or encumbrance of the Deed of Trust and nothing herein contained or done <br />pursuant hereto shall affect or be construed to affect the liens, charges or encumbrances of the Deed of <br />Trust, or the priority thereof over other liens, charges or encumbrances, or to release or affect the liability <br />of any party or parties who may now or hereafter be liable under or on account of said promissory notes, <br />loan or credit agreements, confirmation letters and disclosures, ar other evidences of debt and/ar the <br />Deed of Trust. <br />4. All terms and conditions of the Deed of Trust not expressly modified herein remain in full <br />force and effect, without waiver or amendment. This Modification and the Deed of Trust shall be read <br />together, as one document. <br />IN WITNESS WHEREOF, the parties hereto have, caused this Modification to be executed as of <br />the day and year first above written. <br />BENEFICIARY: <br />WELLS FARGO BANK, <br />NATIONAL ASSOCIATION <br />By: <br />Bradley Bel <br />Title: Business Banker <br />TRUSTOR: <br />Old Sears Dev~.topme~ Inc. <br />ame. James a. Beltze <br />itle: President <br />C-520_NE 12-06 (Rev. 03/09) <br />-2- <br />~I~II~IAlllllllll~l <br />