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201006880 1. The Deed of Trust is hereby modified to include within the indebtedness and obligations secured by the Deed of Trust, the payment to Beneficiary of all indebtedness and performance of all obligations evidenced by and arising under that promissory note, loan or credit agreement, confirmation letter and disclosure, or other evidence of debt, dated as of September 15, 2010, evidencing indebtedness of Thomas G. Graves and Jean E. Graves to Beneficiary in the principal amount of $135,000.00 with a final maturity or payment in full date of January 31, 2011 (which represents the refinancing of that certain promissory note, loan or credit agreement, confirmation letter and disclosure, or other evidence of debt dated as of February 10, 2009, and secured by the Deed of Trust), together with interest thereon, and any such indebtedness or other obligations incurred under or in connection with the credit accommodation evidenced, even if nok specifically referenced therein. 2. The Deed of Trust is hereby modified to include within the indebtedness and obligations secured by the Deed of Trust, the payment of all liability, whether liquidated or unliquidated, defined, contingent, conditional or of any other nature whatsoever, and performance of all other obligations, arising under any swap, derivative, foreign exchange or hedge transaction or arrangement (or other similar transaction or arrangement howsoever described or defined) at any time entered into with Beneficiary in connection with any promissory note, loan or credit agreement, confirmation letter and disclosure, or other evidence of debt, at anytime secured by the Deed of Trust. 3. The real property and the whole thereof described in the Deed of Trust shall remain subject to the lien, charge ar encumbrance of the Deed of Trust and nothing herein contained ar done pursuant hereto shall affect or be construed to affect the liens, charges or encumbrances of the Deed of Trust, or the priority thereof over other liens, charges or encumbrances, or to release or affect the liability of any party or parties who may now or hereafter be liable under or on account of said promissory notes, loan or credit agreements, confirmation letters and disclosures, or other evidences of debt and/or the Deed of Trust. 4. All terms and conditions of the Deed of Trust not expressly modified herein remain in full force and effect, without waiver or amendment. This Modification and the Deed of Trust shall be read together, as one document. IN WITNESS WHEREOF, the parties hereto have caused this Modification to be executed as of the day and year first above written. BENEFICIARY: WELLS FARGO BANK, NATIONAL ASSOCIATION By: -~ radley Bell Title: Vice Pr ident TRUSTOR: Thomas G. Graves and Jean E. Graves ~_.._ Name: Thomas G. Graves By: me: Jean E. Graves G-520_NE 12-06 (Rev. 03(09) -2- ~iuAiiiiuu'iiiuii~i