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2025-11-12 SDC Deed of Trust AMEND 1 & Assingment of Rents DIP Financing DOC # 2025-0354404RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Attention: City Clerk DOC # 2025-0354404 11/12/2025 12:35 PM Fees: $0.00 Page 1 of 4 Recorded in Official Records County of Riverside Peter Aldana Assessor -County Clerk -Recorder "This document was electronically submitted to the County of Riverside for recording" Receipted by: CRISTINA#7700 This document is exempt from payment of a recording fee Government Code Section 27383 FIRST AMENDMENT TO DEED OF TRUST AND ASSIGNMENT OF RENTS SECURING DEBTOR -IN -POSSESSION CREDIT FACILITY LOAN AND SECURITY AGREEMENT (This Deed of Trust Contains an Acceleration Clause) This FIRST AMENDMENT TO DEED OF TRUST SECURING PROMISSORY NOTE ("First Amendment") is made as of the Ilth day of November, 2025, by and among SilverRock Development Company, LLC, a Delaware limited liability company, whose address is 343 Fourth Avenue, San Diego, CA 92101 ("Trustor"), Stewart Title of California, Inc., whose address is 11870 Pierce Street, Suite 100, Riverside, CA 92505 ("Trustee"), and the City of La Quinta, a California municipal corporation and charter city, whose address is 78495 Calle Tampico, La Quinta, CA 92253 (`Beneficiary"), amending that certain DEED OF TRUST AND ASSIGNMENT OF RENTS/SECURING DEBTOR -IN -POSSESSION CREDIT FACILITY LOAN AND SECURITY AGREEMENT, executed by Trustor and held in trust by Trustee and for the benefit of Beneficiary, dated January 23, 2025, and recorded on May 14, 2025, as Document No. 2025-0144695 ("Deed of Trust") in the Official Records of Riverside County, California. The purpose of this First Amendment is to include, as part of the Trust Estate (as defined in the Deed of Trust) additional real property that will serve as security for the Secured Obligations (as defined in the Deed of Trust), as more particularly set forth herein. NOW, THEREFORE, with reference to the preceding paragraph, the parties amend the Deed of Trust according to the following: 1. Grant in Trust in Additional Real Property. In addition to the property and interests therein identified in the Deed of Trust, Trustor grants to Trustee in trust, with power of sale and right of entry and possession, the following additional property and any interest therein to be included with the "Real Property" (as defined in the Deed of Trust): (a) Trustor's ownership interest in and to that certain real property and all improvements and structures now or hereafter located on or part thereof, located in the City of La Quinta, County of Riverside, State of California, described as set forth in Exhibit A attached hereto and incorporated herein by reference (the "Additional Real Property"), (b) all existing and future leases, subleases, subtenancies, licenses, agreements and concessions relating to the use, occupancy or enjoyment of all or any part of the Additional Real Property, together with any and all guaranties and other agreements relating DOC #2025-0354404 Page 2 of 4 to or made in connection with any of the foregoing (individually, a "Lease", and collectively, the "Leases") (c) all rents, issues, income, revenues, royalties, profits, proceeds and earnings now or hereafter payable with respect to or otherwise derived from the ownership, use, management, operation, leasing or occupancy of the Additional Real Property, including, without limitation, cash or security deposited under any of the leases to secure the performance by the lessees of their obligations thereunder (collectively, the "Rents") and (d) all right, title and interest in and to Trustor's existing or acquired tangible and intangible personal property attached or appurtenant to the Additional Real Property, including, without limitation, all equipment, goods, inventory furniture, furnishings, and fixtures (collectively, "FF&E") and any other personal property identified as "Pledged Collateral" pursuant to the "DIP Loan & Security Agreement" (as defined Deed of Trust) attached or appurtenant to the Real Property (collectively, "Personal Property Appurtenant to the Realty"). The Additional Real Property, and any and all other interests therein as granted in trust pursuant to this paragraph, shall be and hereby are incorporated as part of the "Trust Estate" (as defined in the Deed of Trust). 2. Obligations Secured. Trustor makes this grant and assignment of the Additional Real Property and any and all interests therein pursuant to Paragraph 1 above for the purpose of securing the "Secured Obligations" (as defined in the Deed of Trust) pursuant to the same terms and conditions set forth in the Deed of Trust, which are incorporated herein by this reference as though set forth in full, and with the Additional Real Property to be deemed as perfecting said securing of the Secured Obligations from and after the date of recording of the Deed of Trust. 3. Capitalized Terms. Capitalized terms used but not otherwise defined in this First Amendment shall have the meanings given to them in the Deed of Trust. 4. Effect of Amendment; Deed of Trust in Full Force and Effect. Except as expressly provided in this First Amendment, all of the terms, conditions, and provisions set forth in the Deed of Trust shall remain in full force and effect. Furthermore, the Deed of Trust, as amended by this First Amendment, shall remain with the same priority said Deed of Trust perfected in accordance with applicable law. IN WITNESS WHEREOF, Trustor has executed this Deed of Trust as of the date and year first written above. "TRUSTOR" SilverRock Development Company, LLC, a Delaware limited liability company By: vL 4` k �,, Name: Christopher S. Sontchi Its: Managing Member -2- DOC #2025-0354404 Page 3 of 4 A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Delaware County of New Castle On WDVeMhP,r 11'}' 2D25_, before me, Mm%-1or) �ic se t name and t+'tle of the officer) Notary Public, personally appeared LpEiSfio�hey S�• gQL�Qt who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Delaware that the foregoing paragraph is true and correct. WITNESS my hand and official seal. k Signature 6(Seal) MEGHAN IRENE PARK NOTARY PUBLIC STATE OF DELAWARE My Commission Expires 01/24/2029 -3- DOC #2025-0354404 Page 4 of 4 EXHIBIT A TO FIRST AMENDMENT TO DEED OF TRUST LEGAL DESCRIPTION OF ADDITIONAL REAL PROPERTY All that certain property located in the City of La Quinta, County of Riverside, State of California, described as follows: Parcels E, F and G of Parcel Map No. 37207, in the City of La Quinta, County of Riverside, State of California, as shown by a Map filed for Record May 3, 2017 in Book 242, Pages 72 through 87, inclusive of Parcel Maps, in the Office of the County Recorder of said County. Excepting all oil, gas, hydrocarbon substances, and minerals of every kind and character lying more than five hundred (500) feet below the surface, together with the right to drill into, through, and to use and occupy all parts of the Phase I A and I B property lying more than five hundred (500) feet below the surface thereof for any and all purposes incidental to the exploration for and production of oil, gas, hydrocarbon substances or minerals from said Phase 1 A and 1 B property or other lands, but without, however, any right to use either the surface from said Phase IA and 1 B property or any portion thereof within five hundred (500) feet of the surface for any purpose or purposes whatsoever, or to use the Phase 1 A and I B property in such a manner as to create a disturbance to the use or enjoyment of the Phase 1 A and I B property, as reserved by The City of La Quinta, a California Municipal Corporation and Charter City, in the Grant Deed recorded November 28, 2018, as Instrument No. 2018-0464674, of Official Records. FOR INFORMATIONAL PURPOSES ONLY: APN: 777-490-053, 777-490-054, 777-490-055 [End of legal description] -4-