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21 <br />d. the death, dissolution, merger, <br />consolidation or termination of existence of <br />Borrower or any guarantor hereof or the <br />transfer of any beneficial interest in <br />Borrower without Lender's prior written <br />consent (if Borrower is a married couple, <br />the death of Borrower means the death of the <br />survivor of the married couple); <br />2. Paragraph 15 of the Deed of Trust is amended to read as <br />follows: <br />15. An~al_iCation of _Payments._ All payments and other <br />sums of money received by Lender shall be applied by Lender <br />first to amounts due Lender for Advancements or Attorney's <br />Fees pursuant to this Deed of Trust, then to interest <br />payable on the Note, then to the principal of the Note, <br />then to other payments due under the Loan Documents <br />including equity payments provided for in the Development <br />Agreement and the Declaration of Restrictive Covenants. <br />IN WITNESS WHEREOF, Borrower has caused this instrument to be <br />signed in its corporate name by its duly authorized officers and <br />its seal to be hereunto affixed by authority of its Board of <br />Directors. <br />E~nPOWSRment, Iac . <br />(SEAL) <br />President <br />ATTEST: <br />Secretary <br />NORTH CAROLINA <br />ORANGE COUNTY <br />I, , Notary Public in and for the above <br />named County and State, do hereby certify that on this day personally <br />appeared before me with whom I am personally acquainted, <br />who, being by me duly sworn, says that he is Secretary and that <br />is President of EmPOWERment, Inc., a North Carolina <br />3 <br />