poet 2089083304 Gales 13 e5/13/2e24 2:59ett Official Reocres of MODIFICATION OF MORTGAGE 9tNTWA-3/ 01 ST 30i THIRD MODIITCATION AGREEr6 S64 174 Fees $4L% This Third Modification Agietnient ("Agreement") is entered into as of the 1st day of December, 2008 ("Effective Date'), by and among LIBERTY BANKERS LIFE INSURANCE COMPANY, an Oklahoma life insurance company, successor by merger to &MERICAY RESERVE LIFE INSURANCE COMPANY, an Oklahoma life insurance company ("Lender), LITTLE HANS LOLLIK HOLDINGS, LLP, a Delaware limited liability partnership ("Borrower-"), BRUCE RANDOLPH TIZES ("Guarantor"), PETER R. MORRIS ("Additional Guarantor"), PRM DEVELOPMEISI LLC, a Delaware limited liability company ("Pledgor1") and ROAR ARCHITECTURE, a British Virgin Islands limited partnerahip ("Pledger 2", and Borrower, Guarantor, Additional Guarantor, Pledger 1 and Pledgor 2 are collectivelyreferred to as "Obligors"). Recitals A. Pursuant to a Promissory Note, dated September 17, 2004 ("Note"), Lender made a loan ("Loan') in the principal amount of One Million Six Hundred Fifty Thousand and No/100ths Dollars ($1,650,000.00). B. The Loan was evidenced by the Note and secured by a (1) Mortgage, executed by Borrower for the benefit of Lender, dated September 17, 2004, filed September 17, 2004, recorded as Document No. 2004008260 in the Office of the Recorder of Deeds for the District of St. Thomas and St. John, United States Virgin Islands ("Mortgage") encumbering property described on Exhibit "A" attached hereto; (ii) Loan Agreement, dated September 17, 2004, by and between Borrower and Lender ("Loan Agreement"); and (iii) Profits Participation Agreement, dated September 17, 2004, by and between Lender and Borrower ('Profits Participation", and the Note, Mortgage, Loan Agreement and Profits Participation and any other documents given in connection with the Loan, including, but not limited to, the Pirst Modification and Second Modification described below,