Lender. COMERICA BANK, a Michigan banking corporation, successor by merger to Comerica Bank-Texas By: \s\ Xxxxx X. Xxxxx Name: Xxxxx X.Xxxxx Title: Senior Vice President BORROWER: STRATUS PROPERTIES INC., a Delaware corporation By: \s\ Xxxxxxx X. Xxxxxxxxx, III. Xxxxxxx X. Xxxxxxxxx, III, Chairman of the Board, President and Chief Executive Officer STRATUS PROPERTIES OPERATING CO., L.P., a Delaware limited partnership By: STRS L.L.C., a Delaware limited liability company, General Partner By: Stratus Properties Inc., a Delaware corporation, its Sole Member By: \s\ Xxxxxxx X. Xxxxxxxxx, III Xxxxxxx X. Xxxxxxxxx, III, Chairman of the Board, President and Chief Executive Officer CIRCLE C LAND, L.P., a Texas limited partnership, f/k/a Circle C Land Corp. By: Circle C GP, L.L.C., a Delaware limited liability company, its general partner By: Stratus Properties, Inc., a Delaware corporation, its Sole Member By: \s\ Xxxxxxx X. Xxxxxxxxx, III Xxxxxxx X. Xxxxxxxxx, III, President AUSTIN 290 PROPERTIES, INC., a Texas corporation By: \s\ Xxxxxxx X. Xxxxxxxxx, III Xxxxxxx X. Xxxxxxxxx, III, President XXXXXX CREEK JV: OLY STRATUS BARTON CREEK I JOINT VENTURE, a Texas joint venture By: STRS L.L.C., a Delaware limited liability company, Venturer By: STRATUS PROPERTIES INC., a Delaware corporation, its sole member By: \s\ Xxxx X. Xxxxx Xxxx X. Xxxxx, Senior Vice President By: STRATUS ABC WEST I, L.P., a Texas limited partnership, Venturer By: STRS L.L.C., a Delaware limited liability company, General Partner \ By: STRATUS PROPERTIES INC., a Delaware corporation, its sole member By: \s\ Xxxx X. Xxxxx Xxxx X. Xxxxx, Senior Vice President STATE OF TEXAS § § COUNTY OF DALLAS § This instrument was ACKNOWLEDGED before me, on the 23rd day of June, 2004, by XXXXX X. XXXXX, Senior Vice President of COMERICA BANK, a Michigan banking corporation, successor by merger to Comerica Bank-Texas, on behalf of said banking corporation. [SEAL] \s\ Xxxxxxxx X. Xxxx Notary Public, State of Texas Xxxxxxxx X. Xxxx Printed Name of Notary Public My Commission Expires: August 4, 2005. STATE OF TEXAS § § COUNTY OF XXXXXX § This instrument was ACKNOWLEDGED before me on the 23rd of June, 2004, by Xxxxxxx X. Xxxxxxxxx, III, the Chairman of the Board, President and Chief Executive Officer of STRATUS PROPERTIES INC., a Delaware corporation, on behalf of said corporation. [SEAL] \s\ Xxxx X. Xxxxxx Notary Public, State of Texas Xxxx X. Xxxxxx Printed Name of Notary Public My Commission Expires: February 24, 2006. STATE OF TEXAS § § COUNTY OF XXXXXX § This instrument was ACKNOWLEDGED before me, on the 23rd day of June, 2004, by Xxxxxxx X. Xxxxxxxxx, III, the Chairman of the Board, President and Chief Executive Officer of STRATUS PROPERTIES INC., a Delaware corporation, sole member of STRS, L.L.C., a Delaware limited liability company, general partner of STRATUS PROPERTIES OPERATING CO., L.P., a Delaware limited partnership, on behalf of said limited partnership. [SEAL] \s\ Xxxx X. Xxxxxx Notary Public, State of Texas Xxxx X. Xxxxxx Printed Name of Notary Public My Commission Expires: February 24, 2006. STATE OF TEXAS § § COUNTY OF XXXXXX § This instrument was ACKNOWLEDGED before me, on the 23rd day of June, 2004, by Xxxxxxx X. Xxxxxxxxx, III, President of of STRATUS PROPERTIES INC., a Delaware corporation, sole member of Circle C GP, L.L.C., a Delaware limited liability company, general partner of CIRCLE C LAND, L.P., a Texas limited partnership, f/k/a Circle C Land Corp., on behalf of said limited partnership. [SEAL] \s\ Xxxx X. Xxxxxx Notary Public, State of Texas Xxxx X. Xxxxxx Printed Name of Notary Public My Commission Expires: February 24, 2006. STATE OF TEXAS § § COUNTY OF XXXXXX § This instrument was ACKNOWLEDGED before me, on the 23rd day of June, 2004, by Xxxxxxx X. Xxxxxxxxx, III, the President of AUSTIN 290 PROPERTIES, INC., a Texas corporation, on behalf of said corporation. [SEAL] \s\ Xxxx X. Xxxxxx Notary Public, State of Texas Xxxx X. Xxxxxx Printed Name of Notary Public My Commission Expires: February 24, 2006. STATE OF TEXAS § § COUNTY OF XXXXXX § This instrument was ACKNOWLEDGED before me, on the 23rd day of June, 2004, by Xxxx X. Xxxxx, Senior Vice President of STRATUS PROPERTIES INC., a Delaware corporation, sole member of STRS, L.L.C., a Delaware limited liability company, venturer of OLY STRATUS BARTON CREEK I JOINT VENTURE STRATUS, a Texas joint venture, on behalf of said joint venture. [SEAL] \s\ Xxxx X. Xxxxxx Notary Public, State of Texas Xxxx X. Xxxxxx Printed Name of Notary Public My Commission Expires: February 24, 2006. STATE OF TEXAS § § COUNTY OF XXXXXX § This instrument was ACKNOWLEDGED before me, on the 23rd day of June, 2004, by Xxxx X. Xxxxx, Senior Vice President of STRATUS PROPERTIES INC., a Delaware corporation, sole member of STRS, L.L.C., a Delaware limited liability company, general partner of STRATUS ABC WEST I, L.P., a Texas limited partnership, venturer of OLY STRATUS BARTON CREEK I JOINT VENTURE STRATUS, a Texas joint venture, on behalf of said joint venture. [SEAL] \s\ Xxxx X. Xxxxxx Notary Public, State of Texas Xxxx X. Xxxxxx Printed Name of Notary Public My Commission Expires: February 24, 2006. EXHIBIT "A" ESCALA PROPERTY Certain lots previously encumbered by that certain Deed of Trust dated as of February 27, 2002 and recorded under Document No. 2002038536 of the Office Public Records of Xxxxxx County, Texas (the "Escala Deed of Trust") have been released. The property currently encumbered by the Escala Deed of Trust only includes the following real property:
Appears in 1 contract
Samples: Third Modification Agreement (Stratus Properties Inc)
Lender. COMERICA BANKCWS COMMUNITIES LP, a Michigan banking corporation, successor by merger to Comerica Bank-Texas Delaware limited partnership By: \s\ Xxxxx X. Xxxxx Second Merger Sub, LLC, its general partner By: _____________________ Name: Xxxxx X.Xxxxx Title: Senior Vice President BORROWERAddress: STRATUS PROPERTIES INCc/o Falcon Farms 2507 214th Street North Xxxx Xxxxx, Xxxxxxxx 00000 Xxxxxxion: Mr. Gary P. McDaniel and Mr. Rees F. Davis, Jr. Xxxx a copy to: c/o Chateau Communities, Inc. 6160 S. Syracuse Way Xxxxxxxxx Xxxxxxx, Xxxxxxxx 00000 Xxxxxxion: Mr. Gary P. McDaniel and Mr. Rees F. Davis, Jr. WX Xxxxxx Xxxx. joins in the execution of this Agreement solely for the purpose of binding itself to the obligations of the Optionee set forth in Section 4 of this Agreement. WS OPTION CORP., a Delaware corporation By: \s\ Xxxxxxx X. Xxxxxxxxx, III. Xxxxxxx X. Xxxxxxxxx, III, Chairman of the Board, President and Chief Executive Officer STRATUS PROPERTIES OPERATING CO., L.P., a Delaware limited partnership By_____________________ Name: STRS L.L.C., a Delaware limited liability company, General Partner ByTitle: Stratus Properties Inc., a Delaware corporation, its Sole Member ByAddress: \s\ Xxxxxxx X. Xxxxxxxxx, III Xxxxxxx X. Xxxxxxxxx, III, Chairman of the Board, President and Chief Executive Officer CIRCLE C LAND, L.P., a Texas limited partnership, fc/k/a Circle C Land Corp. By: Circle C GP, L.L.C., a Delaware limited liability company, its general partner By: Stratus Properties, Inc., a Delaware corporation, its Sole Member By: \s\ Xxxxxxx X. Xxxxxxxxx, III Xxxxxxx X. Xxxxxxxxx, III, President AUSTIN 290 PROPERTIES, INC., a Texas corporation By: \s\ Xxxxxxx X. Xxxxxxxxx, III Xxxxxxx X. Xxxxxxxxx, III, President XXXXXX CREEK JV: OLY STRATUS BARTON CREEK I JOINT VENTURE, a Texas joint venture By: STRS L.L.C., a Delaware limited liability company, Venturer By: STRATUS PROPERTIES INC., a Delaware corporation, its sole member By: \s\ o Falcon Farms 2507 214th Street North Xxxx X. Xxxxx Xxxx X. Xxxxx, Senior Vice President ByXxxxxxxx 00000 Xxxxxxion: STRATUS ABC WEST IMr. Gary P. McDaniel and Mr. Rees F. Davis, L.P.Jr. Xxxx a copy to: c/o Chateau Communities, a Texas limited partnershipInc. 6160 S. Syracuse Way Xxxxxxxxx Xxxxxxx, Venturer ByXxxxxxxx 00000 Xxxxxxion: STRS L.L.C.Mr. Gary P. McDaniel and Mr. Rees F. Davis, a Delaware limited liability companyJr. EXHIBIT A-1 FORM OF NOTE 1 - INVESTMENT LOAN THIS NOTE HAS NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, General Partner \ ByAS AMENDED, OR THE SECURITIES LAWS OF ANY STATE. THIS NOTE MAY NOT BE TRANSFERRED WITHOUT REGISTRATION UNDER SUCH LAWS OR THE AVAILABILITY OF AN EXEMPTION FROM REGISTRATION UNDER SUCH LAWS. THIS NOTE AMENDS AND RESTATES THAT CERTAIN PROMISSORY NOTE DATED MARCH 16, 1999, MADE BY [____________] AND [_________] IN FAVOR OF CWS COMMUNITIES LP IN THE ORIGINAL PRINCIPAL AMOUNT OF $1,500,000 PAYMENT OF THIS NOTE IS NON-RECOURSE TO THE BORROWER EXCEPT AS PROVIDED IN THE LOAN AGREEMENT REFERRED TO HEREIN. AMENDED AND RESTATED PROMISSORY NOTE 1 - INVESTMENT LOAN $1,500,000 Due: STRATUS PROPERTIES INC.March 16, a Delaware corporation2009 Chicago, its sole member By: \s\ Xxxx X. Xxxxx Xxxx X. Xxxxx, Senior Vice President STATE OF TEXAS § § COUNTY OF DALLAS § This instrument was ACKNOWLEDGED before me, on the 23rd day of June, 2004, by XXXXX X. XXXXX, Senior Vice President of COMERICA BANK, a Michigan banking corporation, successor by merger to Comerica Bank-Texas, on behalf of said banking corporation. [SEAL] \s\ Xxxxxxxx X. Xxxx Notary Public, State of Texas Xxxxxxxx X. Xxxx Printed Name of Notary Public My Commission ExpiresIllinois: August 42, 2005. STATE OF TEXAS § § COUNTY OF XXXXXX § This instrument was ACKNOWLEDGED before me on the 23rd of June, 2004, by Xxxxxxx X. Xxxxxxxxx, III2001 FOR VALUE RECEIVED, the Chairman undersigned, [ ], in his individual capacity (the "Borrower"), promises to pay to the order of the Board, President and Chief Executive Officer of STRATUS PROPERTIES INC., a Delaware corporation, on behalf of said corporation. [SEAL] \s\ Xxxx X. Xxxxxx Notary Public, State of Texas Xxxx X. Xxxxxx Printed Name of Notary Public My Commission Expires: February 24, 2006. STATE OF TEXAS § § COUNTY OF XXXXXX § This instrument was ACKNOWLEDGED before me, on the 23rd day of June, 2004, by Xxxxxxx X. Xxxxxxxxx, III, the Chairman of the Board, President and Chief Executive Officer of STRATUS PROPERTIES INC., a Delaware corporation, sole member of STRS, L.L.C., a Delaware limited liability company, general partner of STRATUS PROPERTIES OPERATING CO., L.P.CWS Communities LP, a Delaware limited partnership, on behalf of said limited partnership. [SEAL] \s\ Xxxx X. Xxxxxx Notary Public, State of Texas Xxxx X. Xxxxxx Printed Name of Notary Public My Commission Expires: February 24, 2006. STATE OF TEXAS § § COUNTY OF XXXXXX § This instrument was ACKNOWLEDGED before me, on the 23rd day of June, 2004, by Xxxxxxx X. Xxxxxxxxx, III, President of of STRATUS PROPERTIES INC., a Delaware corporation, sole member of Circle C GP, L.L.C., a Delaware limited liability company, general partner of CIRCLE C LAND, L.P., a Texas limited partnership, f/k/a Circle C Land Corp., on behalf of said limited partnership. [SEAL] \s\ Xxxx X. Xxxxxx Notary Public, State of Texas Xxxx X. Xxxxxx Printed Name of Notary Public My Commission Expires: February 24, 2006. STATE OF TEXAS § § COUNTY OF XXXXXX § This instrument was ACKNOWLEDGED before me, on the 23rd day of June, 2004, by Xxxxxxx X. Xxxxxxxxx, III, the President of AUSTIN 290 PROPERTIES, INC., a Texas corporation, on behalf of said corporation. [SEAL] \s\ Xxxx X. Xxxxxx Notary Public, State of Texas Xxxx X. Xxxxxx Printed Name of Notary Public My Commission Expires: February 24, 2006. STATE OF TEXAS § § COUNTY OF XXXXXX § This instrument was ACKNOWLEDGED before me, on the 23rd day of June, 2004, by Xxxx X. Xxxxx, Senior Vice President of STRATUS PROPERTIES INC., a Delaware corporation, sole member of STRS, L.L.C., a Delaware limited liability company, venturer of OLY STRATUS BARTON CREEK I JOINT VENTURE STRATUS, a Texas joint venture, on behalf of said joint venture. [SEAL] \s\ Xxxx X. Xxxxxx Notary Public, State of Texas Xxxx X. Xxxxxx Printed Name of Notary Public My Commission Expires: February 24, 2006. STATE OF TEXAS § § COUNTY OF XXXXXX § This instrument was ACKNOWLEDGED before me, on the 23rd day of June, 2004, by Xxxx X. Xxxxx, Senior Vice President of STRATUS PROPERTIES INC., a Delaware corporation, sole member of STRS, L.L.C., a Delaware limited liability company, general partner of STRATUS ABC WEST I, L.P., a Texas limited partnership, venturer of OLY STRATUS BARTON CREEK I JOINT VENTURE STRATUS, a Texas joint venture, on behalf of said joint venture. [SEAL] \s\ Xxxx X. Xxxxxx Notary Public, State of Texas Xxxx X. Xxxxxx Printed Name of Notary Public My Commission Expires: February 24, 2006. EXHIBIT "A" ESCALA PROPERTY Certain lots previously encumbered by that certain Deed of Trust dated as of February 27, 2002 and recorded under Document No. 2002038536 of the Office Public Records of Xxxxxx County, Texas (the "Escala Deed Lender"), the principal sum of Trust") have been released. The property currently encumbered by ONE MILLION FIVE HUNDRED THOUSAND DOLLARS ($1,500,000), payable in full on March 16, 2009, unless extended as specified in the Escala Deed of Trust only includes the following real property:Loan Agreement (as defined herein).
Appears in 1 contract
Samples: Investment Pledge Agreement (Chateau Communities Inc)
Lender. COMERICA BANKXXXXXXX XXXXX MORTGAGE COMPANY, a Michigan banking corporation, successor by merger to Comerica Bank-Texas New York limited partnership By: \s\ Xxxxx X. Xxxxx /s/ Will Waters Name: Xxxxx X.Xxxxx Will Waters Title: Authorized Representative LOAN AGREEMENT – Signature Page BORROWER: XXXXXXX XXXXX 00, X.X.X., a Delaware limited liability company By: XXXXXXX XXXXX 00 XXXXXXX, X.X.X., a Texas limited liability company, its Manager By: /s/ Xxxx X. Xxxxxxx Name: Xxxx X. Xxxxxxx Title: Senior Vice President BORROWER: STRATUS PROPERTIES INC., a Delaware corporation By: \s\ Xxxxxxx X. Xxxxxxxxx, IIILOAN AGREEMENT – Signature Page JOINDER Approved Music Venue Manager executes this Agreement in order to acknowledge and agree to the representations and covenants set forth herein which pertain specifically to Approved Music Venue Manager and its operations at the ACL Music Venue Property and the Showcase Venue Space and to agree to the terms and conditions set forth herein as it pertains to the ACL Music Venue Account and the Approved Music Venue Lease. Xxxxxxx X. Xxxxxxxxx, III, Chairman of the Board, President and Chief Executive Officer STRATUS PROPERTIES OPERATING CO., L.P., a Delaware limited partnership By: STRS L.L.C., a Delaware limited liability company, General Partner By: Stratus Properties Inc., a Delaware corporation, its Sole Member By: \s\ Xxxxxxx X. Xxxxxxxxx, III Xxxxxxx X. Xxxxxxxxx, III, Chairman of the Board, President and Chief Executive Officer CIRCLE C LAND, L.P.BLOCK 21 SERVICE COMPANY LLC, a Texas limited partnership, f/k/a Circle C Land Corp. liability company By: Circle C GP, L.L.C., a Delaware limited liability company, its general partner By: Stratus Properties, Inc., a Delaware corporation, its Sole Member By: \s\ Xxxxxxx X. Xxxxxxxxx, III Xxxxxxx X. Xxxxxxxxx, III, President AUSTIN 290 PROPERTIES, INC., a Texas corporation By: \s\ Xxxxxxx X. Xxxxxxxxx, III Xxxxxxx X. Xxxxxxxxx, III, President XXXXXX CREEK JV: OLY STRATUS BARTON CREEK I JOINT VENTURE, a Texas joint venture By: STRS L.L.C., a Delaware limited liability company, Venturer By: STRATUS PROPERTIES INC., a Delaware corporation, its sole member By: \s\ /s/ Xxxx X. Xxxxx Xxxxxxx Name: Xxxx X. Xxxxx, Xxxxxxx Title: Senior Vice President ByLOAN AGREEMENT – Signature Page Exhibit A Organizational Chart [Organizational Chart for Borrower follows this cover page.] {W0673139.10} EXHIBIT A, Organizational Chart – Cover Page 49125-481/Block 21 (TX) Exhibit BForm of Tenant Notice [BORROWER'S LETTERHEAD] ___________, 20__ Re: STRATUS ABC WEST ILease dated _______________, L.P.20___ between __________________________, a Texas limited partnershipas Landlord, Venturer By: STRS L.L.C.and ______________________________, a Delaware limited liability companyas Tenant, General Partner \ By: STRATUS PROPERTIES INC., a Delaware corporation, its sole member By: \s\ Xxxx X. Xxxxx Xxxx X. Xxxxx, Senior Vice President STATE OF TEXAS § § COUNTY OF DALLAS § This instrument was ACKNOWLEDGED before me, on the 23rd day of June, 2004, by XXXXX X. XXXXX, Senior Vice President of COMERICA BANK, a Michigan banking corporation, successor by merger to Comerica Bank-Texas, on behalf of said banking corporation. [SEAL] \s\ Xxxxxxxx X. Xxxx Notary Public, State of Texas Xxxxxxxx X. Xxxx Printed Name of Notary Public My Commission Expires: August 4, 2005. STATE OF TEXAS § § COUNTY OF XXXXXX § This instrument was ACKNOWLEDGED before me on the 23rd of June, 2004, by Xxxxxxx X. Xxxxxxxxx, III, the Chairman of the Board, President and Chief Executive Officer of STRATUS PROPERTIES INC., a Delaware corporation, on behalf of said corporation. [SEAL] \s\ Xxxx X. Xxxxxx Notary Public, State of Texas Xxxx X. Xxxxxx Printed Name of Notary Public My Commission Expires: February 24, 2006. STATE OF TEXAS § § COUNTY OF XXXXXX § This instrument was ACKNOWLEDGED before me, on the 23rd day of June, 2004, by Xxxxxxx X. Xxxxxxxxx, III, the Chairman of the Board, President and Chief Executive Officer of STRATUS PROPERTIES INC., a Delaware corporation, sole member of STRS, L.L.C., a Delaware limited liability company, general partner of STRATUS PROPERTIES OPERATING CO., L.P., a Delaware limited partnership, on behalf of said limited partnership. [SEAL] \s\ Xxxx X. Xxxxxx Notary Public, State of Texas Xxxx X. Xxxxxx Printed Name of Notary Public My Commission Expires: February 24, 2006. STATE OF TEXAS § § COUNTY OF XXXXXX § This instrument was ACKNOWLEDGED before me, on the 23rd day of June, 2004, by Xxxxxxx X. Xxxxxxxxx, III, President of of STRATUS PROPERTIES INC., a Delaware corporation, sole member of Circle C GP, L.L.C., a Delaware limited liability company, general partner of CIRCLE C LAND, L.P., a Texas limited partnership, f/k/a Circle C Land Corp., on behalf of said limited partnership. [SEAL] \s\ Xxxx X. Xxxxxx Notary Public, State of Texas Xxxx X. Xxxxxx Printed Name of Notary Public My Commission Expires: February 24, 2006. STATE OF TEXAS § § COUNTY OF XXXXXX § This instrument was ACKNOWLEDGED before me, on the 23rd day of June, 2004, by Xxxxxxx X. Xxxxxxxxx, III, the President of AUSTIN 290 PROPERTIES, INC., a Texas corporation, on behalf of said corporation. [SEAL] \s\ Xxxx X. Xxxxxx Notary Public, State of Texas Xxxx X. Xxxxxx Printed Name of Notary Public My Commission Expires: February 24, 2006. STATE OF TEXAS § § COUNTY OF XXXXXX § This instrument was ACKNOWLEDGED before me, on the 23rd day of June, 2004, by Xxxx X. Xxxxx, Senior Vice President of STRATUS PROPERTIES INC., a Delaware corporation, sole member of STRS, L.L.C., a Delaware limited liability company, venturer of OLY STRATUS BARTON CREEK I JOINT VENTURE STRATUS, a Texas joint venture, on behalf of said joint venture. [SEAL] \s\ Xxxx X. Xxxxxx Notary Public, State of Texas Xxxx X. Xxxxxx Printed Name of Notary Public My Commission Expires: February 24, 2006. STATE OF TEXAS § § COUNTY OF XXXXXX § This instrument was ACKNOWLEDGED before me, on the 23rd day of June, 2004, by Xxxx X. Xxxxx, Senior Vice President of STRATUS PROPERTIES INC., a Delaware corporation, sole member of STRS, L.L.C., a Delaware limited liability company, general partner of STRATUS ABC WEST I, L.P., a Texas limited partnership, venturer of OLY STRATUS BARTON CREEK I JOINT VENTURE STRATUS, a Texas joint venture, on behalf of said joint venture. [SEAL] \s\ Xxxx X. Xxxxxx Notary Public, State of Texas Xxxx X. Xxxxxx Printed Name of Notary Public My Commission Expires: February 24, 2006. EXHIBIT "A" ESCALA PROPERTY Certain lots previously encumbered by that certain Deed of Trust dated concerning premises known as of February 27, 2002 and recorded under Document No. 2002038536 of the Office Public Records of Xxxxxx County, Texas ______________________________ (the "Escala Deed of TrustBuilding") have been released). Dear Tenant: The property currently encumbered undersigned hereby directs and authorizes you to make all rental payments and other amounts payable by the Escala Deed of Trust only includes the following real propertyyou pursuant to your lease as follows:
Appears in 1 contract
Lender. COMERICA BANKGMAC COMMERCIAL FINANCE CORPORATION - CANADA/SOCIETE FINANCIERE COMMERCIALE GMAC - CANADA Per: /s/ Xxxxx Xxxxxxx ------------------------------------ Xxxxx Xxxxxxx, a Michigan banking corporation, successor by merger to Comerica BankSenior Vice-Texas By: \s\ Xxxxx X. Xxxxx Name: Xxxxx X.Xxxxx Title: Senior Vice President BORROWER: STRATUS PROPERTIES XXXXX XXXXX & SONS INC., a Delaware corporation By. Per: \s\ Xxxxxxx /s/ Xxxxxx X. Xxxxxxxxx, III. Xxxxxxx Xxxxxxxxxxxx ------------------------------------ Xxxxxx X. Xxxxxxxxx, III, Chairman of the Board, Xxxxxxxxxxxx President and Chief Executive Officer STRATUS PROPERTIES OPERATING CO.CREDIT PARTY: XXXXX XXXXX & SONS U.S., L.P., a Delaware limited partnership ByINC. Per: STRS L.L.C., a Delaware limited liability company, General Partner By: Stratus Properties Inc., a Delaware corporation, its Sole Member By: \s\ Xxxxxxx /s/ Xxxxxx X. Xxxxxxxxx, III Xxxxxxx Xxxxxxxxxxxx ------------------------------------ Xxxxxx X. Xxxxxxxxx, III, Chairman of the Board, Xxxxxxxxxxxx President and Chief Executive Officer CIRCLE C LAND, L.P., a Texas limited partnership, f/k/a Circle C Land Corp. ByGUARANTOR: Circle C GP, L.L.C., a Delaware limited liability company, its general partner By: Stratus Properties, Inc., a Delaware corporation, its Sole Member By: \s\ Xxxxxxx X. Xxxxxxxxx, III Xxxxxxx X. Xxxxxxxxx, III, President AUSTIN 290 PROPERTIESXXXXX XXXXX & SONS U.S., INC., a Texas corporation By. Per: \s\ Xxxxxxx /s/ Xxxxxx X. Xxxxxxxxx, III Xxxxxxx Xxxxxxxxxxxx ------------------------------------ Xxxxxx X. Xxxxxxxxx, III, President XXXXXX CREEK JV: OLY STRATUS BARTON CREEK I JOINT VENTURE, a Texas joint venture By: STRS L.L.C., a Delaware limited liability company, Venturer By: STRATUS PROPERTIES INC., a Delaware corporation, its sole member By: \s\ Xxxx X. Xxxxx Xxxx X. Xxxxx, Senior Vice President By: STRATUS ABC WEST I, L.P., a Texas limited partnership, Venturer By: STRS L.L.C., a Delaware limited liability company, General Partner \ By: STRATUS PROPERTIES INC., a Delaware corporation, its sole member By: \s\ Xxxx X. Xxxxx Xxxx X. Xxxxx, Senior Vice President STATE OF TEXAS § § COUNTY OF DALLAS § This instrument was ACKNOWLEDGED before me, on the 23rd day of June, 2004, by XXXXX X. XXXXX, Senior Vice President of COMERICA BANK, a Michigan banking corporation, successor by merger to Comerica Bank-Texas, on behalf of said banking corporation. [SEAL] \s\ Xxxxxxxx X. Xxxx Notary Public, State of Texas Xxxxxxxx X. Xxxx Printed Name of Notary Public My Commission Expires: August 4, 2005. STATE OF TEXAS § § COUNTY OF XXXXXX § This instrument was ACKNOWLEDGED before me on the 23rd of June, 2004, by Xxxxxxx X. Xxxxxxxxx, III, the Chairman of the Board, Xxxxxxxxxxxx President and Chief Executive Officer of STRATUS PROPERTIES XXXXX XXXXX & SONS HOLDINGS INC.. /XXXXX XXXXX ET FILS, a Delaware corporation, on behalf of said corporationSOCIETE DE PORTEFEUILLE INC. [SEAL] \s\ Xxxx X. Xxxxxx Notary Public, State of Texas Xxxx X. Xxxxxx Printed Name of Notary Public My Commission ExpiresPer: February 24, 2006. STATE OF TEXAS § § COUNTY OF XXXXXX § This instrument was ACKNOWLEDGED before me, on the 23rd day of June, 2004, by Xxxxxxx X. Xxxxxxxxx, III, the Chairman of the Board, President and /s/ Xxxxx Xxxxxxxx ------------------------------------ Xxxxx Xxxxxxxx Chief Executive Officer XXXXX XXXXX & SONS INC. 0000 Xxxxxxxx Xxxxxx Montreal, Quebec H3B 3H4 RE: AMENDED AND RESTATED ACCOUNTS RECEIVABLE MANAGEMENT, LOAN & SECURITY AGREEMENT Gentlemen: Reference is made to that certain "Amended and Restated Accounts Receivable Management, Loan & Security Agreement" bearing effective date of STRATUS PROPERTIES INC.July 1, a Delaware corporation2004 by and between you and us ("GMAC"), sole member of STRSas amended pursuant to an Amendment Letter dated October 22, L.L.C., a Delaware limited liability company, general partner of STRATUS PROPERTIES OPERATING CO., L.P., a Delaware limited partnership, on behalf of said limited partnership. [SEAL] \s\ Xxxx X. Xxxxxx Notary Public, State of Texas Xxxx X. Xxxxxx Printed Name of Notary Public My Commission Expires: February 24, 2006. STATE OF TEXAS § § COUNTY OF XXXXXX § This instrument was ACKNOWLEDGED before me, on the 23rd day of June, 2004, by Xxxxxxx X. Xxxxxxxxx, III, President of of STRATUS PROPERTIES INC., a Delaware corporation, sole member of Circle C GP, L.L.C., a Delaware limited liability company, general partner of CIRCLE C LAND, L.P., a Texas limited partnership, f/k/a Circle C Land Corp., on behalf of said limited partnership. [SEAL] \s\ Xxxx X. Xxxxxx Notary Public, State of Texas Xxxx X. Xxxxxx Printed Name of Notary Public My Commission Expires: February 24, 2006. STATE OF TEXAS § § COUNTY OF XXXXXX § This instrument was ACKNOWLEDGED before me, on the 23rd day of June, 2004, by Xxxxxxx X. Xxxxxxxxx, III2004 (collectively, the President of AUSTIN 290 PROPERTIES, INC., a Texas corporation, on behalf of said corporation"Loan Agreement"). [SEAL] \s\ Xxxx X. Xxxxxx Notary Public, State of Texas Xxxx X. Xxxxxx Printed Name of Notary Public My Commission Expires: February 24, 2006. STATE OF TEXAS § § COUNTY OF XXXXXX § This instrument was ACKNOWLEDGED before me, on the 23rd day of June, 2004, by Xxxx X. Xxxxx, Senior Vice President of STRATUS PROPERTIES INC., a Delaware corporation, sole member of STRS, L.L.C., a Delaware limited liability company, venturer of OLY STRATUS BARTON CREEK I JOINT VENTURE STRATUS, a Texas joint venture, on behalf of said joint venture. [SEAL] \s\ Xxxx X. Xxxxxx Notary Public, State of Texas Xxxx X. Xxxxxx Printed Name of Notary Public My Commission Expires: February 24, 2006. STATE OF TEXAS § § COUNTY OF XXXXXX § This instrument was ACKNOWLEDGED before me, on the 23rd day of June, 2004, by Xxxx X. Xxxxx, Senior Vice President of STRATUS PROPERTIES INC., a Delaware corporation, sole member of STRS, L.L.C., a Delaware limited liability company, general partner of STRATUS ABC WEST I, L.P., a Texas limited partnership, venturer of OLY STRATUS BARTON CREEK I JOINT VENTURE STRATUS, a Texas joint venture, on behalf of said joint venture. [SEAL] \s\ Xxxx X. Xxxxxx Notary Public, State of Texas Xxxx X. Xxxxxx Printed Name of Notary Public My Commission Expires: February 24, 2006. EXHIBIT "A" ESCALA PROPERTY Certain lots previously encumbered by that certain Deed of Trust dated as of February 27, 2002 and recorded under Document No. 2002038536 All of the Office Public Records of Xxxxxx Countydefined words and terms under the Loan Agreement shall have the same meanings as therein set forth whenever utilized herein, Texas (save as expressly stipulated herein to the "Escala Deed of Trust") have been releasedcontrary. The property currently encumbered by the Escala Deed of Trust only includes the following real propertyLoan Agreement is hereby amended as follows:
Appears in 1 contract
Samples: Henry Birks & Sons Inc
Lender. COMERICA BANKMETROPOLITAN LIFE INSURANCE COMPANY, a Michigan banking corporation, successor by merger to Comerica Bank-Texas By: \s\ Xxxxx X. Xxxxx Name: Xxxxx X.Xxxxx Title: Senior Vice President BORROWER: STRATUS PROPERTIES INC., a Delaware New York corporation By: \s\ /s/ Jxxxxxxxxx X. Xxxxxxx Name: Jxxxxxxxxx X. Xxxxxxxxx, III. Xxxxxxx X. Xxxxxxxxx, III, Chairman of the Board, President and Chief Executive Officer STRATUS PROPERTIES OPERATING CO., L.P., a Delaware limited partnership ByTitle: STRS L.L.C.Managing Director [Signatures continue on next page] BORROWER: BOP FIGat7th LLC, a Delaware limited liability company, General Partner company By: Stratus Properties Inc./s/ Jxxxx Xxxxxxxxx Name: Jxxxx Xxxxxxxxx Title: Senior Vice President, a Delaware corporationFinance Signature Page SCHEDULE 4.1.21 MATERIAL AGREEMENTS None. EXHIBIT A LEGAL DESCRIPTION OF PROPERTY LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF LOS ANGELES, its Sole Member ByIN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: \s\ Xxxxxxx X. XxxxxxxxxPARCEL 1: LXX 0 XX XXXXX XX. 00000, III Xxxxxxx X. XxxxxxxxxIN THE CITY OF LOS ANGELES, IIICOUNTY OF LOS ANGELES, Chairman of the BoardSTATE OF CALIFORNIA, President and Chief Executive Officer CIRCLE C AS PER MAP RECORDED IN BOOK 1379 PAGES 42 TO 48, INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT FROM SAID LAND ALL MINERALS, GAS, OIL, PETROLEUM, NAPTHA AND OTHER HYDROCARBON SUBSTANCES IN AND UNDER THAT PORTION OF SAID LAND, L.P.INCLUDED WITHIN THAT PORTION OF THE JXXXXXX TRACT IN BOOK 2 PAGE 71 OF MAPS, a Texas limited partnershipDESCRIBED AS FOLLOWS: LXX 00 XXX XXX XXXXXXXX 00 XXXX XX XXX 00 TOGETHER WITH THAT PORTION OF SAID LAND WHICH WOULD PASS BY OPERATIONS OF LAW WITH THE CONVEYANCE OF SAID LXX 00 XXX XXX XXXXXXXX 00 XXXX XX XXX 00 TOGETHER WITH ALL NECESSARY AND CONVENIENT RIGHTS TO EXPLORE FOR, fDEVELOP, PRODUCE, EXTRACT AND TAKE THE SAME INCLUDING THE EXCLUSIVE RIGHT TO DIRECTIONALLY DRILL INTO AND THROUGH SAID LAND FROM OTHER LANDS AND INTO THE SUBSURFACE OR OTHER LANDS, SUBJECT TO THE EXPRESS LIMITATIONS THAT ANY AND ALL OPERATIONS FOR THE EXPLORATION, DEVELOPMENT, PRODUCTION, EXTRACTION AND TAKING OF ANY OF SAID SUBSTANCES SHALL BE CARRIED ON AT LEVELS BELOW THE DEPTH OF 500 FEET FROM THE SURFACE OF THE ABOVE DESCRIBED PROPERTY BY MEANS OF MINES, WELLS, DERRICKS, AND/k/a Circle C Land Corp. ByOR OTHER EQUIPMENT FROM THE SURFACE LOCATIONS ON ADJOINING OR NEIGHBORING LAND LYING OUTSIDE OF THE ABOVE DESCRIBED PROPERTY AND SUBJECT FURTHER TO THE EXPRESS LIMITATIONS THAT THE FOREGOING RESERVATIONS SHALL IN NO WAY BE INTERPRETED TO INCLUDE ANY RIGHTS OF ENTRY IN AND UPON THE SURFACE OF THE ABOVE DESCRIBED STRIP OF LAND, AS RESERVED BY MXXX X. XX XXXXXX, A MARRIED WOMAN ALSO KNOWN AS MXXX XXXXXXXXX XX XXXXXX, IN DEED RECORDED SEPTEMBER 24, 1968 AS INSTRUMENT NO. 560. EXCEPT FROM SAID LOT, ALL OIL, GAS, AND MINERAL SUBSTANCES, TOGETHER WITH THE RIGHT TO EXPLORE FOR AND EXTRACT SUCH SUBSTANCES, PROVIDED THAT THE SURFACE OPENING OF ANY WELL, HOLE, SHAFT OR OTHER MEANS OF EXPLORING FOR, REACHING OR EXTRACTING SUCH SUBSTANCES SHALL NOT BE LOCATED WITHIN THE CENTRAL BUSINESS DISTRICT REDEVELOPMENT PROJECT AREA AS RECORDED IN BOOK M5077 PAGE 500 XX XXX XXXXXXX XXXXXX XXXXXXX, XXXXX XX XXXXXXXXXX, AND SHALL NOT PENETRATE ANY PART OR PORTION OF SAID PROJECT AREA WITHIN 500 FEET OF THE SURFACE THEREOF, AS RESERVED IN DEED RECORDED JUNE 7, 1982 AS INSTRUMENT NO. 82-576233. PARCEL 1A: Circle C GPLXX 0 XX XXXXXXX XXXXX 00000, L.L.C.IN THE CITY OF LOS ANGELES, a Delaware limited liability companyAS PER MAP RECORDED IN BOOK 1098 PAGE 83 TO 86 INCLUSIVE OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT FROM SAID LOT 4, its general partner ByALL OIL, GAS, AND MINERAL SUBSTANCES, TOGETHER WITH THE RIGHT TO EXPLORE FOR AND EXTRACT SUCH SUBSTANCES, PROVIDED THAT THE SURFACE OPENING OF ANY WELL, HOLE, SHAFTS OR OTHER MEANS OF EXPLORING FOR, REACHING OR EXTRACTING SUCH SUBSTANCES SHALL NOT BE LOCATED WITHIN THE CENTRAL BUSINESS DISTRICT REDEVELOPMENT PROJECT AREA AS RECORDED IN BOOK M5077 PAGE 558 OF OFFICIAL RECORDS COUNTY RECORDER, STATE OF CALIFORNIA, AND SHALL NOT PENETRATE ANY PART OR PORTION OF SAID PROJECT AREA WITHIN 500 FEET OF THE SURFACE THEREOF, AS RESERVED IN DEED RECORDED JUNE 7, 1982 AS INSTRUMENT NO. 82-576233. PARCEL 2: Stratus PropertiesEASEMENTS FOR PARKING, Inc.INGRESS AND EGRESS FOR PEDESTRIANS AND AUTOMOBILES, a Delaware corporationUTILITIES, its Sole Member By: \s\ Xxxxxxx X. XxxxxxxxxSUPPORT, III Xxxxxxx X. XxxxxxxxxCONSTRUCTION, IIILOADING DOCKS AND OTHER MATTERS UPON THE TERMS AND CONDITIONS CONTAINED IN AND AS PROVIDED IN THAT CERTAIN AMENDED AND RESTATED OWNERS' OPERATING AND RECIPROCAL EASEMENT AGREEMENT BY AND AMONG SEVENTH STREET PLAZA ASSOCIATES, President AUSTIN 290 PROPERTIESTHE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF LOS ANGELES, INC.CALIFORNIA, a Texas corporation By: \s\ Xxxxxxx X. XxxxxxxxxAND PPLA PLAZA LIMITED PARTNERSHIP, III Xxxxxxx X. XxxxxxxxxDATED JUNE 20, III1986 AND RECORDED JUNE 04, President XXXXXX CREEK JV: OLY STRATUS BARTON CREEK I 1987 AS INSTRUMENT NO. 87-885291, OFFICIAL RECORDS, SAID AGREEMENT BEING AMENDED BY AMENDMENT NO. 1 TO AMENDED AND RESTATED OWNERS' OPERATING AND RECIPROCAL EASEMENT AGREEMENT, DATED DECEMBER 5, 1990, BY AND BETWEEN PPLA PLAZA LIMITED PARTNERSHIP, A CALIFORNIA LIMITED PARTNERSHIP AND SOUTH FXXXXXXX PLAZA ASSOCIATES, A CALIFORNIA GENERAL PARTNERSHIP, SUCCESSOR IN INTEREST TO SEVENTH STREET PLAZA ASSOCIATES, A CALIFORNIA GENERAL PARTNERSHIP, FORMERLY KNOWN AS OXFORD-PRUDENTIAL JOINT VENTURE, a Texas joint venture ByRECORDED DECEMBER 21, 1990 AS INSTRUMENT NO. 90-0000000, AND RE-RECORDED APRIL 30, 1991 AS INSTRUMENT NO. 91-619078, BOTH OF OFFICIAL RECORDS, AND BY AMENDMENT NO. 2 TO AMENDED AND RESTATED OWNERS' OPERATING AND RECIPROCAL EASEMENT AGREEMENT, DATED JANUARY 1, 1993, BY AND AMONG PPLA PLAZA LIMITED PARTNERSHIP, A CALIFORNIA LIMITED PARTNERSHIP, SOUTH FXXXXXXX PLAZA ASSOCIATES, A CALIFORNIA GENERAL PARTNERSHIP, SUCCESSOR IN INTEREST TO SEVENTH STREET PLAZA ASSOCIATES, A CALIFORNIA GENERAL PARTNERSHIP, FORMERLY KNOWN AS OXFORD-PRUDENTIAL JOINT VENTURE, AND THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF LOS ANGELES, CALIFORNIA, RECORDED JANUARY 30, 1995 AS INSTRUMENT NO. 95-150496, OFFICIAL RECORDS. PARCEL 3: STRS L.L.C.EASEMENTS FOR PEDESTRIAN INGRESS AND EGRESS, a Delaware limited liability companyENCROACHMENTS, Venturer ByCONSTRUCTION, UTILITIES AND SUPPORT, LOADING DOCKS, PARKING TURNAROUND, ACCESS, MAINTENANCE, REPAIR, RESTORATION AND REPLACEMENT, AND CONDENSED WATER AND OTHER MATTERS UPON THE TERMS AND CONDITIONS CONTAINED IN AND AS PROVIDED IN THAT CERTAIN RECIPROCAL EASEMENT AND COST SHARING AGREEMENT BY AND AMONG EYP REALTY, LLC, A DELAWARE LIMITED LIABILITY COMPANY, BOP FIGAT7TH LLC, A DELAWARE LIMITED LIABILITY COMPANY AND BOP FIGAT7TH PARKING LLC, A DELAWARE LIMITED LIABILITY COMPANY, DATED SEPTEMBER 10, 2014, AND RECORDED ON SEPTEMBER 11, 2014 AS INSTRUMENT NO. 2014-0962893, OF OFFICIAL RECORDS. PARCEL 4: STRATUS EASEMENTS AS CREATED BY THAT CERTAIN DOCUMENT ENTITLED “AMENDED AND RESTATED LOT 4 CO-OWNERSHIP AGREEMENT”, DATED SEPTEMBER 10, 2014 EXECUTED BY EYP REALTY, LLC, A DELAWARE LIMITED LIABILITY COMPANY, BOP FIGAT7TH LLC, A DELAWARE LIMITED LIABILITY COMPANY AND MXXXXXX PROPERTIES INC– 777 TOWER, LLC, A DELAWARE LIMITED LIABILITY COMPANY AND MXXXXXX PROPERTIES – 755 S. XXXXXXXX LLC, A DELAWARE LIMITED LIABILITY COMPANY, SUBJECT TO ALL THE TERMS, PROVISION(S) AND CONDITIONS THEREIN CONTAINED, RECORDED SEPTEMBER 11, 2014 AS INSTRUMENT NO. 2014-0962892, OF OFFICIAL RECORDS. PARCEL 5: WATER SUPPLY EASEMENTS AS CREATED BY THAT CERTAIN GRANT DEED DATED SEPTEMBER 5, 2014 EXECUTED BY EYP REALTY, LLC, A DELAWARE LIMITED LIABILITY COMPANY IN FAVOR OF BOP FIGAT7TH LLC, A DELAWARE LIMITED LIABILITY COMPANY, SUBJECT TO ALL THE TERMS, PROVISION(S) AND CONDITIONS THEREIN CONTAINED, RECORDED SEPTEMBER 11, 2014 AS INSTRUMENT NO. 2014-0962887, OF OFFICIAL RECORDS. PARCEL 6: THOSE CERTAIN AREAS COMMONLY REFERRED TO AS TRUCK DOCKS, STORAGE, ELEVATOR AREA, AND TRASH COMPACTOR AREA OF APPROXIMATELY 4,501 SQUARE FEET OF FLOOR AREA LOCATED ON THE S-1 LEVEL AND IDENTIFIED ON EXHIBIT A (OF THE LEASE REFERRED TO IN SCHEDULE A, AS SPACE S1-10, AND ANY EQUIPMENT ASSOCIATED WITH THE TRUCK DOCK AND LOADING FACILITIES (E.G. BAY DOORS, DOCK PADS, BUMPERS, ETC.); AND THAT CERTAIN CHILLER ROOM CONTAINING APPROXIMATELY 800 XXXXXX XXXX XX XXXXX XXXX XXXXXXX XX THE ON THE S-1 LEVEL AND IDENTIFIED ON EXHIBIT A OF THE LEASE REFERRED TO IN SCHEDULE A AS SPACE S1-20, a Delaware corporationWHICH ARE SITUATED ON A PORTION OF LXX 0 XX XXXXX XX. 00000, its sole member By: \s\ Xxxx X. Xxxxx Xxxx X. XxxxxIN THE CITY OF LOS ANGELES, Senior Vice President By: STRATUS ABC WEST ICOUNTY OF LOS ANGELES, L.P., a Texas limited partnership, Venturer By: STRS L.L.C., a Delaware limited liability company, General Partner \ By: STRATUS PROPERTIES INC., a Delaware corporation, its sole member By: \s\ Xxxx X. Xxxxx Xxxx X. Xxxxx, Senior Vice President STATE OF TEXAS § § CALIFORNIA, AS PER MAP RECORDED IN BOOK 1379 PAGES 42 TO 48, INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF DALLAS § This instrument was ACKNOWLEDGED before me, on the 23rd day of June, 2004, by XXXXX X. XXXXX, Senior Vice President of COMERICA BANK, a Michigan banking corporation, successor by merger to Comerica BankSAID COUNTY. APN: 5000-Texas, on behalf of said banking corporation. [SEAL] \s\ Xxxxxxxx X. Xxxx Notary Public, State of Texas Xxxxxxxx X. Xxxx Printed Name of Notary Public My Commission Expires: August 4, 2005. STATE OF TEXAS § § COUNTY OF XXXXXX § This instrument was ACKNOWLEDGED before me on the 23rd of June, 2004, by Xxxxxxx X. Xxxxxxxxx, III, the Chairman of the Board, President and Chief Executive Officer of STRATUS PROPERTIES INC., a Delaware corporation, on behalf of said corporation. [SEAL] \s\ Xxxx X. Xxxxxx Notary Public, State of Texas Xxxx X. Xxxxxx Printed Name of Notary Public My Commission Expires: February 24, 2006. STATE OF TEXAS § § COUNTY OF XXXXXX § This instrument was ACKNOWLEDGED before me, on the 23rd day of June, 2004, by Xxxxxxx X. Xxxxxxxxx, III, the Chairman of the Board, President and Chief Executive Officer of STRATUS PROPERTIES INC., a Delaware corporation, sole member of STRS, L.L.C., a Delaware limited liability company, general partner of STRATUS PROPERTIES OPERATING CO., L.P., a Delaware limited partnership, on behalf of said limited partnership. [SEAL] \s\ Xxxx X. Xxxxxx Notary Public, State of Texas Xxxx X. Xxxxxx Printed Name of Notary Public My Commission Expires: February 24, 2006. STATE OF TEXAS § § COUNTY OF XXXXXX § This instrument was ACKNOWLEDGED before me, on the 23rd day of June, 2004, by Xxxxxxx X. Xxxxxxxxx, III, President of of STRATUS PROPERTIES INC., a Delaware corporation, sole member of Circle C GP, L.L.C., a Delaware limited liability company, general partner of CIRCLE C LAND, L.P., a Texas limited partnership, f/k/a Circle C Land Corp., on behalf of said limited partnership. [SEAL] \s\ Xxxx X. Xxxxxx Notary Public, State of Texas Xxxx X. Xxxxxx Printed Name of Notary Public My Commission Expires: February 24, 2006. STATE OF TEXAS § § COUNTY OF XXXXXX § This instrument was ACKNOWLEDGED before me, on the 23rd day of June, 2004, by Xxxxxxx X. Xxxxxxxxx, III, the President of AUSTIN 290 PROPERTIES, INC., a Texas corporation, on behalf of said corporation. [SEAL] \s\ Xxxx X. Xxxxxx Notary Public, State of Texas Xxxx X. Xxxxxx Printed Name of Notary Public My Commission Expires: February 24, 2006. STATE OF TEXAS § § COUNTY OF XXXXXX § This instrument was ACKNOWLEDGED before me, on the 23rd day of June, 2004, by Xxxx X. Xxxxx, Senior Vice President of STRATUS PROPERTIES INC., a Delaware corporation, sole member of STRS, L.L.C., a Delaware limited liability company, venturer of OLY STRATUS BARTON CREEK I JOINT VENTURE STRATUS, a Texas joint venture, on behalf of said joint venture. [SEAL] \s\ Xxxx X. Xxxxxx Notary Public, State of Texas Xxxx X. Xxxxxx Printed Name of Notary Public My Commission Expires: February 24, 2006. STATE OF TEXAS § § COUNTY OF XXXXXX § This instrument was ACKNOWLEDGED before me, on the 23rd day of June, 2004, by Xxxx X. Xxxxx, Senior Vice President of STRATUS PROPERTIES INC., a Delaware corporation, sole member of STRS, L.L.C., a Delaware limited liability company, general partner of STRATUS ABC WEST I, L.P., a Texas limited partnership, venturer of OLY STRATUS BARTON CREEK I JOINT VENTURE STRATUS, a Texas joint venture, on behalf of said joint venture. [SEAL] \s\ Xxxx X. Xxxxxx Notary Public, State of Texas Xxxx X. Xxxxxx Printed Name of Notary Public My Commission Expires: February 24, 2006. EXHIBIT "A" ESCALA PROPERTY Certain lots previously encumbered by that certain Deed of Trust dated as of February 27, 2002 and recorded under Document No. 2002038536 of the Office Public Records of Xxxxxx County, Texas (the "Escala Deed of Trust") have been released. The property currently encumbered by the Escala Deed of Trust only includes the following real property000-000 PARCEL 7:
Appears in 1 contract
Samples: Loan Agreement (Brookfield DTLA Fund Office Trust Investor Inc.)
Lender. COMERICA BANKBANK OF TEXAS, N.A., a Michigan national banking corporation, successor by merger to Comerica Bank-Texas association By: \s\ Xxxxx /S/ XXXX XXXXX Name: Xxxx X. Xxxxx Name: Xxxxx X.Xxxxx Title: Senior Vice President BORROWERBORROWERS: STRATUS PROPERTIES XXXXX GOLF, INC., a Delaware corporation By: \s\ Xxxxxxx X. Xxxxxxxxx, III. Xxxxxxx X. Xxxxxxxxx, III, Chairman of the Board, President and /S/ XXXX XXXXX Name: Xxxx Xxxxx Title: Chief Executive Financial Officer STRATUS PROPERTIES OPERATING COXXXXX GOLF HOLDING CORP., L.P., a Delaware corporation By: /S/ XXXX XXXXX Name: Xxxx Xxxxx Title: Vice President XXXXX GOLF GP CORP., a Delaware corporation By: /S/ XXXX XXXXX Name: Xxxx Xxxxx Title: President XXXXX GOLF, LTD., a Texas limited partnership By: STRS L.L.C., a Delaware limited liability company, General Partner By: Stratus Properties Inc.Xxxxx Golf GP Corp, a Delaware corporation, its Sole Member Bysole General Partner By:/S/ XXXX XXXXX Name: \s\ Xxxxxxx X. Xxxxxxxxx, III Xxxxxxx X. Xxxxxxxxx, III, Chairman of the Board, Xxxx Xxxxx Title: President and Chief Executive Officer CIRCLE C LAND, L.P., a Texas limited partnership, f/k/a Circle C Land Corp. By: Circle C GP, L.L.C.XXXXX GOLF IP LP, a Delaware limited liability company, its general partner corporation By: Stratus Properties, Inc.Xxxxx Golf GP Corp, a Delaware corporation, its Sole Member sole General Partner By: \s\ Xxxxxxx X. Xxxxxxxxx, III Xxxxxxx X. Xxxxxxxxx, III, /S/ XXXX XXXXX Name: Xxxx Xxxxx Title: President AUSTIN 290 PROPERTIES, INCXXXXX GOLF MANAGEMENT CORP., a Texas Delaware corporation By: \s\ Xxxxxxx X. Xxxxxxxxx/S/ XXXX XXXXX Name: Xxxx Xxxxx Title: President AMENDED AND RESTATED PROMISSORY NOTE $5,000,000.00 Dallas, III Xxxxxxx X. XxxxxxxxxTexas April 13, III2005 For value received, President XXXXXX CREEK JV: OLY STRATUS BARTON CREEK I JOINT VENTUREthe undersigned XXXXX GOLF, a Texas joint venture By: STRS L.L.C., a Delaware limited liability company, Venturer By: STRATUS PROPERTIES INC., a Delaware corporation, its sole member By: \s\ Xxxx X. Xxxxx Xxxx X. XxxxxXXXXX GOLF HOLDING CORP., Senior Vice President By: STRATUS ABC WEST Ia Delaware corporation, L.P.XXXXX GOLF GP CORP., a Delaware corporation, XXXXX GOLF, LTD., a Texas limited partnership, Venturer By: STRS L.L.C.XXXXX GOLF IP, a Delaware limited liability company, General Partner \ By: STRATUS PROPERTIES INC., a Delaware corporation, its sole member By: \s\ Xxxx X. Xxxxx Xxxx X. Xxxxx, Senior Vice President STATE OF TEXAS § § COUNTY OF DALLAS § This instrument was ACKNOWLEDGED before me, on the 23rd day of June, 2004, by XXXXX X. XXXXX, Senior Vice President of COMERICA BANK, a Michigan banking corporation, successor by merger to Comerica Bank-Texas, on behalf of said banking corporation. [SEAL] \s\ Xxxxxxxx X. Xxxx Notary Public, State of Texas Xxxxxxxx X. Xxxx Printed Name of Notary Public My Commission Expires: August 4, 2005. STATE OF TEXAS § § COUNTY OF XXXXXX § This instrument was ACKNOWLEDGED before me on the 23rd of June, 2004, by Xxxxxxx X. Xxxxxxxxx, III, the Chairman of the Board, President and Chief Executive Officer of STRATUS PROPERTIES INC., a Delaware corporation, on behalf of said corporation. [SEAL] \s\ Xxxx X. Xxxxxx Notary Public, State of Texas Xxxx X. Xxxxxx Printed Name of Notary Public My Commission Expires: February 24, 2006. STATE OF TEXAS § § COUNTY OF XXXXXX § This instrument was ACKNOWLEDGED before me, on the 23rd day of June, 2004, by Xxxxxxx X. Xxxxxxxxx, III, the Chairman of the Board, President and Chief Executive Officer of STRATUS PROPERTIES INC., a Delaware corporation, sole member of STRS, L.L.C., a Delaware limited liability company, general partner of STRATUS PROPERTIES OPERATING CO., L.P.LP, a Delaware limited partnership, on behalf of said limited partnership. [SEAL] \s\ Xxxx X. Xxxxxx Notary Public, State of Texas Xxxx X. Xxxxxx Printed Name of Notary Public My Commission Expires: February 24, 2006. STATE OF TEXAS § § COUNTY OF XXXXXX § This instrument was ACKNOWLEDGED before me, on the 23rd day of June, 2004, by Xxxxxxx X. Xxxxxxxxx, III, President of of STRATUS PROPERTIES INCand XXXXX GOLF MANAGEMENT CORP., a Delaware corporationcorporation (hereinafter collectively called "Borrowers") jointly and severally promise to pay as hereinafter provided unto the order of BANK OF TEXAS, sole member N.A. (Bank of Circle C GPTexas, L.L.C.N.A., together with any subsequent holder of this Note is called "Lender") at its offices at 0000 Xxxxxx Xxxx, Suite 1100, Dallas, Texas 75225 or such other location as Lender may hereafter designate in writing, in lawful money of the United States of America the sum of Five Million and No/100 Dollars ($5,000,000.00) or so much thereof as may be advanced and outstanding, under that certain Credit Agreement of even date herewith among Borrowers and Lender (such agreement as the same may be amended from time to time is herein called the "Credit Agreement"), together with interest on the principal from time to time outstanding from the date of advancement until maturity at the lower of (a) a Delaware variable rate per annum (the "Applicable Rate") at all times equal to the Prime Rate minus one-half of one percent (1/2 of 1%), with adjustments in the Applicable Rate to be made on the same date as any change in the Prime Rate or (b) the Maximum Rate. Adjustment due to changes in the Maximum Rate will be made on the effective date of any change in the Maximum Rate. All defined terms used but not defined herein shall have the meanings respectively assigned to them in the Credit Agreement. If at any time during the term of this Note the Applicable Rate exceeds the Maximum Rate, the rate of interest to accrue on this Note shall be limited liability companyto the Maximum Rate, general partner but if thereafter the Applicable Rate is less than the Maximum Rate, at the option of CIRCLE C LANDLender, L.P.the rate of interest to accrue on this Note shall be the Maximum Rate until the total amount of interest accrued on this Note equals the amount of interest which would have accrued if the Applicable Rate had at all times been in effect. The principal of this Note is due and payable on April 13, a Texas limited partnership2008. Accrued interest hereunder is due and payable in quarterly installments on the 13th of day of each May, f/k/a Circle C Land Corp.August, November and February until April 13, 2008, on behalf which date the unpaid principal and all accrued unpaid interest thereon shall be due and payable in full. The unpaid principal balance hereof shall at no time exceed the amount of said limited partnershipFive Million and No/100 Dollars ($5,000,000.00). [SEAL] \s\ Xxxx X. Xxxxxx Notary PublicThe unpaid principal balance of this Note at any time shall be the total amounts loaned or advanced hereunder by the Lender, less the amount of payments or prepayments of principal made hereon by or for the account of Borrowers. It is contemplated that by reason of prepayments hereon there may be times when no indebtedness is owing hereunder; but notwithstanding such occurrences, this Note shall remain valid and shall be in full force and effect as to Loans or advances made pursuant to and under the terms of this Note and the Credit Agreement subsequent to each such occurrence. In the event that the unpaid principal amount hereof at any time, for any reason, exceeds the maximum amount hereinabove specified, Borrowers covenant and agree to pay the excess principal amount forthwith upon demand; such excess principal amount shall in all respects be deemed to be included among the loans or advances made pursuant to the Credit Agreement and the other terms of this Note and shall bear interest at the rates hereinabove stated. Borrowers hereby authorize Lender to record in Lender's internal records the amount of all Loans made to Borrowers by Lender and all payments of principal in respect of such Loans, which recordings shall, in absence of manifest error, be conclusive as to the outstanding amount of all Loans; provided, however, that the failure to make such recordings with respect to such Loans, advances, payments or other appropriate debits or credit shall not limit or otherwise affect the obligations of Borrowers under the Credit Agreement or this Note. For so long as any Event of Default exists under this Note or under any of the other Loan Documents, regardless of whether or not there has been an acceleration of the indebtedness evidenced by this Note, and at all times after the maturity of the indebtedness evidenced by this Note (whether by acceleration or otherwise), and in addition to all other rights and remedies of Lender hereunder, interest shall accrue on the outstanding principal balance hereof at the Default Interest Rate, and such accrued interest shall be immediately due and payable. Borrowers acknowledge that it would be extremely difficult or impracticable to determine Lender's actual damages resulting from any late payment or Event of Default, and such accrued interest is reasonable estimate of those damages and do not constitute a penalty. If this Note is not paid at maturity whether by acceleration or otherwise and is placed in the hands of an attorney for collection, or suit is filed hereon, or proceedings are had in probate, bankruptcy, receivership, reorganization, arrangement or other legal proceedings for collection hereof, Borrowers and each other liable party agree to pay Lender its collection costs, including a reasonable amount for attorney's fees, but in no event to exceed the maximum amount permitted by law. Borrowers and each other liable party are and shall be directly and primarily, jointly and severally, liable for the payment of all sums called for hereunder, and Borrowers and each other liable party, hereby expressly waive demand, presentment for payment, protest, notice of protest, notice of intent to accelerate, notice of acceleration, diligence in collecting and the bringing of any suit against any party, and Borrowers and each other liable party hereby consent to and agree to remain liable hereon regardless of any renewals, extensions for any period or rearrangements hereof, or partial prepayments hereon, or any release or substitution of security here for, in whole or in part, with or without notice, from time to time, before or after maturity. It is the intent of Lender and Borrowers in the execution of this Note and all other Loan Documents to contract in strict compliance with applicable usury law. In furtherance thereof, Lender and Borrowers stipulate and agree that none of the terms and provisions contained herein or in any other Loan Document shall ever be construed to create a contract to pay for the use, forbearance or detention of money, interest at a rate in excess of the Maximum Rate. Neither Borrowers nor any co-Borrowers, endorsers, sureties, guarantors or other parties now or hereafter becoming liable for payment of this Note shall ever be required to pay interest or finance charges at a rate in excess of the Maximum Rate, and this Note is expressly made subject to the provisions of the Credit Agreement which more fully set out the limitation on how interest accrues hereon. By execution of this Note, Borrowers acknowledge that they believe the loans evidenced hereby to be non-usurious. The term "applicable law" as used in this Note shall mean the laws of the State of Texas Xxxx X. Xxxxxx Printed Name or the laws of Notary Public My Commission Expires: February 24the United States, 2006whichever laws allow the greater rate of interest, as such laws now exist or may be changed or amended or come into effect in the future. THIS NOTE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS § § AND THE LAWS OF THE UNITED STATES APPLICABLE TO TRANSACTIONS WITHIN SUCH STATE. BORROWERS HEREBY IRREVOCABLY SUBMIT THEMSELVES TO THE NON-EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS SITTING IN THE STATE OF TEXAS AND TO THE VENUE OF DALLAS COUNTY AND CONSENT AND AGREE THAT SERVICE OF XXXXXX § PROCESS MAY BE MADE UPON THEM IN ANY LEGAL PROCEEDING RELATING TO THIS NOTE BY ANY MEANS ALLOWED UNDER TEXAS OR FEDERAL LAW. In no event shall Chapter 346 of the Texas Finance Code (which regulates certain revolving loan accounts and revolving tri-party accounts) apply to this Note. To the extent that Chapter 303 of the Texas Finance Code is applicable to this Note, the "weekly ceiling" specified in Chapter 303 is the applicable ceiling; provided that, if any applicable law permits greater interest, the law permitting the greatest interest shall apply. This instrument was ACKNOWLEDGED before meNote is issued pursuant to and is entitled to the benefits of the Credit Agreement and evidences Loans made by Lender thereunder. Reference is hereby made to the Credit Agreement for certain provisions relating to the acceleration of the maturity hereof upon the occurrence of certain events specified therein and for all other pertinent purposes. This Note is extended in amendment and restatement, on the 23rd day but not extinguishment, of Junethat certain Promissory Note dated February 13, 2004, in the principal amount of $2,000,000.00, executed and delivered by Xxxxxxx X. Xxxxxxxxx, III, Borrowers and payable to the President order of AUSTIN 290 PROPERTIES, INC., a Texas corporation, on behalf Lender. Payment of said corporation. [SEAL] \s\ Xxxx X. Xxxxxx Notary Public, State of Texas Xxxx X. Xxxxxx Printed Name of Notary Public My Commission Expires: February 24, 2006. STATE OF TEXAS § § COUNTY OF XXXXXX § This instrument was ACKNOWLEDGED before me, on the 23rd day of June, 2004, by Xxxx X. Xxxxx, Senior Vice President of STRATUS PROPERTIES INC., a Delaware corporation, sole member of STRS, L.L.C., a Delaware limited liability company, venturer of OLY STRATUS BARTON CREEK I JOINT VENTURE STRATUS, a Texas joint venture, on behalf of said joint venture. [SEAL] \s\ Xxxx X. Xxxxxx Notary Public, State of Texas Xxxx X. Xxxxxx Printed Name of Notary Public My Commission Expires: February 24, 2006. STATE OF TEXAS § § COUNTY OF XXXXXX § This instrument was ACKNOWLEDGED before me, on the 23rd day of June, 2004, by Xxxx X. Xxxxx, Senior Vice President of STRATUS PROPERTIES INC., a Delaware corporation, sole member of STRS, L.L.C., a Delaware limited liability company, general partner of STRATUS ABC WEST I, L.P., a Texas limited partnership, venturer of OLY STRATUS BARTON CREEK I JOINT VENTURE STRATUS, a Texas joint venture, on behalf of said joint venture. [SEAL] \s\ Xxxx X. Xxxxxx Notary Public, State of Texas Xxxx X. Xxxxxx Printed Name of Notary Public My Commission Expires: February 24, 2006. EXHIBIT "A" ESCALA PROPERTY Certain lots previously encumbered by that certain Deed of Trust dated as of February 27, 2002 and recorded under Document No. 2002038536 of the Office Public Records of Xxxxxx County, Texas (the "Escala Deed of Trust") have been released. The property currently encumbered this Note is secured by the Escala Deed of Trust only includes Collateral as described in the following real property:Credit Agreement.
Appears in 1 contract
Samples: Credit Agreement (Adams Golf Inc)
Lender. COMERICA WELLS FARGO BANK, N.A., A NATIONAL BANKING ASSOCIATION, SUCCESSOR BY MERGER TO WELLS FARGO BANK MINNESOTA, X.X., AS TRUSTEE FOR THE REGISTERED HOLDERS OF WACHOVIA BANK COMMERCIAL MORTGAGE TRUST, COMMERCIAL MORTGAGE PASS-THOUGH CERTIFICATES, SERIES 2003-C6 By: LNR Partners, Inc., a Michigan banking Florida corporation, successor by merger to Comerica Bankas attorney-Texas in-fact By: \s\ Xxxxx X. Xxxxx Name: Xxxxx X.Xxxxx Title: Senior /S/ Randolph J. Wolpert [SEAL] ----------------------- Randolph J. Wolpert, Vice President STATE OF FLORIDA ) ) XX: COUNTY OF MIAMI-DADE ) This instrument was acknowledged before me, a notary public this 21 day of November, 2005, by Randolph J. Wolpert, as Vice President of LNR Partners, Inc., a Florxxx xxxxxxxxxxx, xx behalf of said corporation as attorney-in-fact for WELLS FARGO BANK, N.A., A NATIONAL BANKING ASSOCIATION, SUCCESSOR BY XXXXER TO WELLS FARGO BANK MINNESOTA, N.A., AS TRUSTEE FOR THE REGISTERED HOLDXXX XF WACHOVIA BANK COMMERCIAL MORTGAGE TRUST, COMMERCIAL MORTGAGE PASS-THOUGH CERTIFICATES, SERIES 2003-C6, on behalf of the trust. He is X personally known to me. /S/ Casey B. Hauck -------------------------------------- Notary Public My Commission Expires: March 15, 2009 ORIGINAL BORROWER: STRATUS PROPERTIES INC.ECM BROADWAY, a Delaware corporation By: \s\ Xxxxxxx X. Xxxxxxxxx, III. Xxxxxxx X. Xxxxxxxxx, III, Chairman of the Board, President and Chief Executive Officer STRATUS PROPERTIES OPERATING CO., L.P.LLC, a Delaware limited partnership liability company By: STRS L.L.C.ECM Mezzanine Holding, LLC, a Delaware limited liability company, General Partner its sole member By: Stratus Properties Inc.ECM Income & Growth Fund, LLC, a Delaware corporationlimited liability company, its Sole Member sole member By: \s\ Xxxxxxx X. Xxxxxxxxx, III Xxxxxxx X. Xxxxxxxxx, III, Chairman of the Board, President and Chief Executive Officer CIRCLE C LAND, L.P., a Texas limited partnership, f/k/a Circle C Land Corp. By: Circle C ECM Equity Investments GP, L.L.C., a Delaware limited liability company, its general partner manager By: Stratus Properties/S/ Shelby Pruett --------------------------------- Name: Shelby Pruett Title: Xxxxxxxxxx Xxrson STATE OF ILLINOIS ) ) SS.: COUNTY OF COOK ) On this 18th day of November, Inc.2005, a Delaware corporationbefore me persoxxxxy appeared Shelby Pruett, its Sole Member By: \s\ Xxxxxxx X. Xxxxxxxxxto me known to be the person described in and who exexxxxx xxx xxxegoing instrument, III Xxxxxxx X. Xxxxxxxxxas an Authorized Person of ECM Equity Investments GP, IIIL.L.C., President AUSTIN 290 PROPERTIESthe manager of ECM Income & Growth Fund, INC.LLC, a Texas corporation By: \s\ Xxxxxxx X. Xxxxxxxxxthe sole member of ECM Mezzanine Holdings, III Xxxxxxx X. XxxxxxxxxLLC, IIIthe sole member of ECM BROADWAY, President XXXXXX CREEK JV: OLY STRATUS BARTON CREEK I JOINT VENTURE, a Texas joint venture By: STRS L.L.C.LLC, a Delaware limited liability company, Venturer By: STRATUS PROPERTIES INC., a Delaware corporation, its and acknowledged that he/she executed the same as the free act and deed of said limited liability company and is acting for and on behalf of the manager of the sole member By: \s\ Xxxx X. Xxxxx Xxxx X. Xxxxx, Senior Vice President By: STRATUS ABC WEST I, L.P., a Texas limited partnership, Venturer By: STRS L.L.C., a Delaware of the sole member of the said limited liability company, General Partner \ By: STRATUS PROPERTIES INC., a Delaware corporation, its sole member By: \s\ Xxxx X. Xxxxx Xxxx X. Xxxxx, Senior Vice President STATE OF TEXAS § § COUNTY OF DALLAS § This instrument was ACKNOWLEDGED before me, on the 23rd day of June, 2004, by XXXXX X. XXXXX, Senior Vice President of COMERICA BANK, a Michigan banking corporation, successor by merger to Comerica Bank-Texas, on behalf of said banking corporation. [SEAL] \s\ Xxxxxxxx X. Xxxx Notary Public, State of Texas Xxxxxxxx X. Xxxx Printed Name of Notary Public My Commission Expires: August 4, 2005. STATE OF TEXAS § § COUNTY OF XXXXXX § This instrument was ACKNOWLEDGED before me on the 23rd of June, 2004, by Xxxxxxx X. Xxxxxxxxx, III, the Chairman of the Board, President and Chief Executive Officer of STRATUS PROPERTIES INC., a Delaware corporation, on behalf of said corporation. [SEAL] \s\ Xxxx X. Xxxxxx Notary Public, State of Texas Xxxx X. Xxxxxx Printed Name of Notary Public My Commission Expires: February 24, 2006. STATE OF TEXAS § § COUNTY OF XXXXXX § This instrument was ACKNOWLEDGED before me, on the 23rd day of June, 2004, by Xxxxxxx X. Xxxxxxxxx, III, the Chairman of the Board, President and Chief Executive Officer of STRATUS PROPERTIES INC., a Delaware corporation, sole member of STRS, L.L.C., a Delaware limited liability company, general partner of STRATUS PROPERTIES OPERATING CO., L.P., a Delaware limited partnership, on behalf of said limited partnership. [SEAL] \s\ Xxxx X. Xxxxxx Notary Public, State of Texas Xxxx X. Xxxxxx Printed Name of Notary Public My Commission Expires: February 24, 2006. STATE OF TEXAS § § COUNTY OF XXXXXX § This instrument was ACKNOWLEDGED before me, on the 23rd day of June, 2004, by Xxxxxxx X. Xxxxxxxxx, III, President of of STRATUS PROPERTIES INC., a Delaware corporation, sole member of Circle C GP, L.L.C., a Delaware limited liability company, general partner of CIRCLE C LAND, L.P., a Texas limited partnership, f/k/a Circle C Land Corp., on behalf of said limited partnership. [SEAL] \s\ Xxxx X. Xxxxxx Notary Public, State of Texas Xxxx X. Xxxxxx Printed Name of Notary Public My Commission Expires: February 24, 2006. STATE OF TEXAS § § COUNTY OF XXXXXX § This instrument was ACKNOWLEDGED before me, on the 23rd day of June, 2004, by Xxxxxxx X. Xxxxxxxxx, III, the President of AUSTIN 290 PROPERTIES, INC., a Texas corporation, on behalf of said corporation. [SEAL] \s\ Xxxx X. Xxxxxx Notary Public, State of Texas Xxxx X. Xxxxxx Printed Name of Notary Public My Commission Expires: February 24, 2006. STATE OF TEXAS § § COUNTY OF XXXXXX § This instrument was ACKNOWLEDGED before me, on the 23rd day of June, 2004, by Xxxx X. Xxxxx, Senior Vice President of STRATUS PROPERTIES INC., a Delaware corporation, sole member of STRS, L.L.C., a Delaware limited liability company, venturer of OLY STRATUS BARTON CREEK I JOINT VENTURE STRATUS, a Texas joint venture, on behalf of said joint venture. [SEAL] \s\ Xxxx X. Xxxxxx Notary Public, State of Texas Xxxx X. Xxxxxx Printed Name of Notary Public My Commission Expires: February 24, 2006. STATE OF TEXAS § § COUNTY OF XXXXXX § This instrument was ACKNOWLEDGED before me, on the 23rd day of June, 2004, by Xxxx X. Xxxxx, Senior Vice President of STRATUS PROPERTIES INC., a Delaware corporation, sole member of STRS, L.L.C., a Delaware limited liability company, general partner of STRATUS ABC WEST I, L.P., a Texas limited partnership, venturer of OLY STRATUS BARTON CREEK I JOINT VENTURE STRATUS, a Texas joint venture, on behalf of said joint venture. [SEAL] \s\ Xxxx X. Xxxxxx Notary Public, State of Texas Xxxx X. Xxxxxx Printed Name of Notary Public My Commission Expires: February 24, 2006. EXHIBIT "A" ESCALA PROPERTY Certain lots previously encumbered by that certain Deed of Trust dated as of February 27, 2002 and recorded under Document No. 2002038536 of the Office Public Records of Xxxxxx County, Texas (the "Escala Deed of Trust") have been released. The property currently encumbered by the Escala Deed of Trust only includes the following real property:
Appears in 1 contract
Samples: Note and Deed of Trust Assumption Agreement (Cole Credit Property Trust II Inc)
Lender. COMERICA Witnessed by: SANTANDER BANK, a Michigan banking corporation, successor by merger to Comerica Bank-Texas N.A. By: \s\ Xxxxx X. Xxxxx /s/ Print Name: Xxxxx X.Xxxxx TitleName: Xxxxxxxx Xxxxxxx Its: Senior Vice President BORROWER: STRATUS PROPERTIES INC., a Delaware corporation By: \s\ Xxxxxxx X. Xxxxxxxxx, III. Xxxxxxx X. Xxxxxxxxx, III, Chairman of the Board, President and Chief Executive Officer STRATUS PROPERTIES OPERATING CO., L.P., a Delaware limited partnership ByPrint Name: STRS L.L.C., a Delaware limited liability company, General Partner ByName: Stratus Properties Inc., a Delaware corporation, its Sole Member ByIts: \s\ Xxxxxxx X. Xxxxxxxxx, III Xxxxxxx X. Xxxxxxxxx, III, Chairman of the Board, President and Chief Executive Officer CIRCLE C LAND, L.P., a Texas limited partnership, f/k/a Circle C Land Corp. ByBORROWER Witnessed by: Circle C GP, L.L.C., a Delaware limited liability company, its general partner By: Stratus Properties, Inc., a Delaware corporation, its Sole Member By: \s\ Xxxxxxx X. Xxxxxxxxx, III Xxxxxxx X. Xxxxxxxxx, III, President AUSTIN 290 PROPERTIESXXXXX GROUP, INC., a Texas New York corporation /s/ By: \s\ /s/ Print Name: Name: Xxxxxxx X. Xxxxxxxxx, III Xxxxxxx X. Xxxxxxxxx, III, Xxxxx Its: President XXXXXX CREEK JV/s/ Print Name: OLY STRATUS BARTON CREEK I JOINT VENTUREWitnessed by: EXPEDITED LOGISTICS AND FREIGHT SERVICES LLC, a Texas joint venture limited liability company /s/ By: STRS L.L.C./s/ Print Name: Name: Xxxxxxx X. Xxxxx Its: President /s/ Print Name: Witnessed by: ELFS BROKERAGE LLC, a Delaware Texas limited liability company, Venturer /s/ Print Name: By: STRATUS PROPERTIES /s/ Name: Xxxxxxx X. Xxxxx Its: President /s/ Print Name: LOAN PARTY OBLIGOR Witnessed by: XXXXX CORPORATION, a Nevada corporation /s/ By: /s/ Print Name: Name: Xxxxxxxxx Xxxxxxx Its: President /s/ Print Name: Witnessed by: EXPEDITED LOGISTICS AND FREIGHT SERVICES LLC, an Oklahoma limited liability company /s/ Print Name: By: /s/ Name: Xxxxxxx X. Xxxxx /s/ Its: President Print Name: EXHIBIT A Composite Credit Agreement (see attached) EXECUTION VERSION AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT Dated as of September 21, 2021 among SANTANDER BANK, N.A., as Lender, XXXXX GROUP, INC., a Delaware corporationEXPEDITED LOGISTICS AND FREIGHT SERVICES, its sole member By: \s\ Xxxx X. Xxxxx Xxxx X. Xxxxx, Senior Vice President By: STRATUS ABC WEST I, L.P.LLC, a Texas limited partnershipliability company, Venturer By: STRS L.L.C.and ELFS BROKERAGE, a Delaware LLC, Jointly and Severally, Individually and Collectively, as Borrower, and XXXXX CORPORATION, and EXPEDITED LOGISTICS AND FREIGHT SERVICES, LLC, an Oklahoma limited liability company, General Partner \ By: STRATUS PROPERTIES INC., a Delaware corporation, its sole member By: \s\ Xxxx X. Xxxxx Xxxx X. Xxxxx, Senior Vice President STATE OF TEXAS § § COUNTY OF DALLAS § This instrument was ACKNOWLEDGED before me, on the 23rd day of June, 2004, by XXXXX X. XXXXX, Senior Vice President of COMERICA BANK, a Michigan banking corporation, successor by merger to Comerica Bank-Texas, on behalf of said banking corporation. [SEAL] \s\ Xxxxxxxx X. Xxxx Notary Public, State of Texas Xxxxxxxx X. Xxxx Printed Name of Notary Public My Commission Expires: August 4, 2005. STATE OF TEXAS § § COUNTY OF XXXXXX § This instrument was ACKNOWLEDGED before me on the 23rd of June, 2004, by Xxxxxxx X. Xxxxxxxxx, III, the Chairman of the Board, President and Chief Executive Officer of STRATUS PROPERTIES INC., a Delaware corporation, on behalf of said corporation. [SEAL] \s\ Xxxx X. Xxxxxx Notary Public, State of Texas Xxxx X. Xxxxxx Printed Name of Notary Public My Commission Expires: February 24, 2006. STATE OF TEXAS § § COUNTY OF XXXXXX § This instrument was ACKNOWLEDGED before me, on the 23rd day of June, 2004, by Xxxxxxx X. Xxxxxxxxx, III, the Chairman of the Board, President and Chief Executive Officer of STRATUS PROPERTIES INC., a Delaware corporation, sole member of STRS, L.L.C., a Delaware limited liability company, general partner of STRATUS PROPERTIES OPERATING CO., L.P., a Delaware limited partnership, on behalf of said limited partnership. [SEAL] \s\ Xxxx X. Xxxxxx Notary Public, State of Texas Xxxx X. Xxxxxx Printed Name of Notary Public My Commission Expires: February 24, 2006. STATE OF TEXAS § § COUNTY OF XXXXXX § This instrument was ACKNOWLEDGED before me, on the 23rd day of June, 2004, by Xxxxxxx X. Xxxxxxxxx, III, President of of STRATUS PROPERTIES INC., a Delaware corporation, sole member of Circle C GP, L.L.C., a Delaware limited liability company, general partner of CIRCLE C LAND, L.P., a Texas limited partnership, f/k/a Circle C Land Corp., on behalf of said limited partnership. [SEAL] \s\ Xxxx X. Xxxxxx Notary Public, State of Texas Xxxx X. Xxxxxx Printed Name of Notary Public My Commission Expires: February 24, 2006. STATE OF TEXAS § § COUNTY OF XXXXXX § This instrument was ACKNOWLEDGED before me, on the 23rd day of June, 2004, by Xxxxxxx X. Xxxxxxxxx, III, the President of AUSTIN 290 PROPERTIES, INC., a Texas corporation, on behalf of said corporation. [SEAL] \s\ Xxxx X. Xxxxxx Notary Public, State of Texas Xxxx X. Xxxxxx Printed Name of Notary Public My Commission Expires: February 24, 2006. STATE OF TEXAS § § COUNTY OF XXXXXX § This instrument was ACKNOWLEDGED before me, on the 23rd day of June, 2004, by Xxxx X. Xxxxx, Senior Vice President of STRATUS PROPERTIES INC., a Delaware corporation, sole member of STRS, L.L.C., a Delaware limited liability company, venturer of OLY STRATUS BARTON CREEK I JOINT VENTURE STRATUS, a Texas joint venture, on behalf of said joint venture. [SEAL] \s\ Xxxx X. Xxxxxx Notary Public, State of Texas Xxxx X. Xxxxxx Printed Name of Notary Public My Commission Expires: February 24, 2006. STATE OF TEXAS § § COUNTY OF XXXXXX § This instrument was ACKNOWLEDGED before me, on the 23rd day of June, 2004, by Xxxx X. Xxxxx, Senior Vice President of STRATUS PROPERTIES INC., a Delaware corporation, sole member of STRS, L.L.C., a Delaware limited liability company, general partner of STRATUS ABC WEST I, L.P., a Texas limited partnership, venturer of OLY STRATUS BARTON CREEK I JOINT VENTURE STRATUS, a Texas joint venture, on behalf of said joint venture. [SEAL] \s\ Xxxx X. Xxxxxx Notary Public, State of Texas Xxxx X. Xxxxxx Printed Name of Notary Public My Commission Expires: February 24, 2006. EXHIBIT "A" ESCALA PROPERTY Certain lots previously encumbered by that certain Deed of Trust dated as of February 27, 2002 and recorded under Document No. 2002038536 of the Office Public Records of Xxxxxx County, Texas (the "Escala Deed of Trust") have been released. The property currently encumbered by the Escala Deed of Trust only includes the following real property:Loan Party Obligors
Appears in 1 contract
Lender. COMERICA BANKAPEX ( TRIMARAN) CDO I, a Michigan banking corporationLTD. By: /s/ Xxxx Xxxxxxx ------------------------------- Xxxx Xxxxxxx, Managing Director Address for Notices: Trimaran Advisors, L.L.C. 000 Xxxxxxxxx Xxxxxx Xxx Xxxx, Xxx Xxxx 00000 [Signature Page to Second Amendment to Credit Agreement] CIBC INC. By: /s/ Xxxxxxx X. Xxxxx ----------------------------------------- Xxxxxxx X. Xxxxx, Managing Director, CIBC World Markets Corp., as Agent Address for Notices: CIBC Inc. 000 Xxxxxxxxx Xxxxxx Xxx Xxxx, Xxx Xxxx 00000 Telephone: (000) 000-0000 Telecopy: (000) 000-0000 Attention: Xxxxxxx X. Xxxxx, Managing Director [Signature Page to Second Amendment to Credit Agreement] U.S. BANK NATIONAL ASSOCIATION (successor by merger to Comerica Bank-Texas FIRSTAR BANK, N.A.) By: \s\ Xxxxx /s/ Xxxx X. Xxxxx Name: Xxxxx X.Xxxxx Title: Senior Xxxxxxxx ---------------------------------------- Xxxx X. Xxxxxxxx, Vice President BORROWERAddress for Notices: STRATUS PROPERTIES INC.Xxx Xxxxxxx Xxxxx Xx. Xxxxx, a Delaware corporation Xxxxxxxx 00000-0000 Telephone: (000) 000-0000 Telecopy: (000) 000-0000 Attention: Xxxx X. Xxxxxxxx, Vice President [Signature Page to Second Amendment to Credit Agreement] LENDER: ------ FLEET NATIONAL BANK By: \s\ /s/ Xxxxxx Xxxxxxxx --------------------------------------- Xxxxxx Xxxxxxxx, Vice President Address for Notices: Fleet National Bank 100 Federal Bank Xxxxxx, Xxxxxxxxxxxxx 00000 Telephone: (000) 000-0000 Telecopy: (000) 000-0000 Attention: Xxxxxx Xxxxxxxx, Vice President LENDER: ------ FIRST UNION NATIONAL BANK By: /s/ Xxxxx Xxxxxxx ----------------------------------- Xxxxx Xxxxxxx, Authorized Signatory Address for Notices: First Union National Bank 000 X. Xxxxxxx Xxxxxx XX-00 Xxxxxxxxx, III. Xxxxxxx X. Xxxxxxxxx, XX 00000 Telephone: (000) 000-0000 Telecopy: (000) 000-0000 LENDER: ------ ARCHIMEDES FUNDING III, Chairman of the Board, President and Chief Executive Officer STRATUS PROPERTIES OPERATING CO., L.P., a Delaware limited partnership LTD. By: STRS L.L.C.ING Capital Advisors LLC, a Delaware limited liability company, General Partner as Collateral Manager By: Stratus Properties Inc., a Delaware corporation, its Sole Member By: \s\ Xxxxxxx X. Xxxxxxxxx, III Xxxxxxx X. Xxxxxxxxx, III, Chairman of the Board, President and Chief Executive Officer CIRCLE C LAND, L.P., a Texas limited partnership, f/k/a Circle C Land Corp. By: Circle C GP, L.L.C., a Delaware limited liability company, its general partner By: Stratus Properties, Inc., a Delaware corporation, its Sole Member By: \s\ Xxxxxxx X. Xxxxxxxxx, III Xxxxxxx X. Xxxxxxxxx, III, President AUSTIN 290 PROPERTIES, INC., a Texas corporation By: \s\ Xxxxxxx X. Xxxxxxxxx, III Xxxxxxx X. Xxxxxxxxx, III, President XXXXXX CREEK JV: OLY STRATUS BARTON CREEK I JOINT VENTURE, a Texas joint venture By: STRS L.L.C., a Delaware limited liability company, Venturer By: STRATUS PROPERTIES INC., a Delaware corporation, its sole member By: \s\ Xxxx X. Xxxxx Xxxx X. Xxxxx, Senior Vice President By: STRATUS ABC WEST I, L.P., a Texas limited partnership, Venturer By: STRS L.L.C., a Delaware limited liability company, General Partner \ By: STRATUS PROPERTIES INC., a Delaware corporation, its sole member By: \s\ Xxxx X. Xxxxx Xxxx X. Xxxxx, Senior Vice President STATE OF TEXAS § § COUNTY OF DALLAS § This instrument was ACKNOWLEDGED before me, on the 23rd day of June, 2004, by XXXXX X. XXXXX, Senior Vice President of COMERICA BANK, a Michigan banking corporation, successor by merger to Comerica Bank-Texas, on behalf of said banking corporation. [SEAL] \s\ Xxxxxxxx /s/ Xxxxxx X. Xxxx Notary Public------------------------------ Xxxxxx X. Xxxx, State of Texas Xxxxxxxx X. Xxxx Printed Name of Notary Public My Commission Expires: August 4, 2005. STATE OF TEXAS § § COUNTY OF XXXXXX § This instrument was ACKNOWLEDGED before me on the 23rd of June, 2004, by Xxxxxxx X. Xxxxxxxxx, III, the Chairman of the Board, President and Chief Executive Officer of STRATUS PROPERTIES INC., a Delaware corporation, on behalf of said corporation. [SEAL] \s\ Xxxx X. Xxxxxx Notary Public, State of Texas Xxxx X. Xxxxxx Printed Name of Notary Public My Commission Expires: February 24, 2006. STATE OF TEXAS § § COUNTY OF XXXXXX § This instrument was ACKNOWLEDGED before me, on the 23rd day of June, 2004, by Xxxxxxx X. Xxxxxxxxx, III, the Chairman of the Board, President and Chief Executive Officer of STRATUS PROPERTIES INC., a Delaware corporation, sole member of STRS, L.L.C., a Delaware limited liability company, general partner of STRATUS PROPERTIES OPERATING CO., L.P., a Delaware limited partnership, on behalf of said limited partnership. [SEAL] \s\ Xxxx X. Xxxxxx Notary Public, State of Texas Xxxx X. Xxxxxx Printed Name of Notary Public My Commission Expires: February 24, 2006. STATE OF TEXAS § § COUNTY OF XXXXXX § This instrument was ACKNOWLEDGED before me, on the 23rd day of June, 2004, by Xxxxxxx X. Xxxxxxxxx, III, President of of STRATUS PROPERTIES INC., a Delaware corporation, sole member of Circle C GP, L.L.C., a Delaware limited liability company, general partner of CIRCLE C LAND, L.P., a Texas limited partnership, f/k/a Circle C Land Corp., on behalf of said limited partnership. [SEAL] \s\ Xxxx X. Xxxxxx Notary Public, State of Texas Xxxx X. Xxxxxx Printed Name of Notary Public My Commission Expires: February 24, 2006. STATE OF TEXAS § § COUNTY OF XXXXXX § This instrument was ACKNOWLEDGED before me, on the 23rd day of June, 2004, by Xxxxxxx X. Xxxxxxxxx, III, the President of AUSTIN 290 PROPERTIES, INC., a Texas corporation, on behalf of said corporation. [SEAL] \s\ Xxxx X. Xxxxxx Notary Public, State of Texas Xxxx X. Xxxxxx Printed Name of Notary Public My Commission Expires: February 24, 2006. STATE OF TEXAS § § COUNTY OF XXXXXX § This instrument was ACKNOWLEDGED before me, on the 23rd day of June, 2004, by Xxxx X. Xxxxx, Senior Vice President of STRATUS PROPERTIES INC., a Delaware corporation, sole member of STRS, L.L.C., a Delaware limited liability company, venturer of OLY STRATUS BARTON CREEK I JOINT VENTURE STRATUS, a Texas joint venture, on behalf of said joint venture. [SEAL] \s\ Xxxx X. Xxxxxx Notary Public, State of Texas Xxxx X. Xxxxxx Printed Name of Notary Public My Commission Expires: February 24, 2006. STATE OF TEXAS § § COUNTY OF XXXXXX § This instrument was ACKNOWLEDGED before me, on the 23rd day of June, 2004, by Xxxx X. Xxxxx, Senior Vice President of STRATUS PROPERTIES INC., a Delaware corporation, sole member of STRS, L.L.C., a Delaware limited liability company, general partner of STRATUS ABC WEST I, L.P., a Texas limited partnership, venturer of OLY STRATUS BARTON CREEK I JOINT VENTURE STRATUS, a Texas joint venture, on behalf of said joint venture. [SEAL] \s\ Xxxx X. Xxxxxx Notary Public, State of Texas Xxxx X. Xxxxxx Printed Name of Notary Public My Commission Expires: February 24, 2006. EXHIBIT "A" ESCALA PROPERTY Certain lots previously encumbered by that certain Deed of Trust dated as of February 27, 2002 and recorded under Document No. 2002038536 of the Office Public Records of Xxxxxx County, Texas (the "Escala Deed of Trust") have been released. The property currently encumbered by the Escala Deed of Trust only includes the following real property:President
Appears in 1 contract
Lender. COMERICA BANK, a Michigan banking corporation, successor by merger to Comerica Bank-Texas By: \s\ /s/ Xxxxx X. Xxxxx Name: Xxxxx X.Xxxxx X. Xxxxx Title: Senior Vice President BORROWER: STRATUS PROPERTIES INC., a Delaware corporation By: \s\ Xxxxxxx /s/ Xxxx X. XxxxxxxxxXxxxx Xxxx X. Xxxxx, III. Xxxxxxx X. Xxxxxxxxx, III, Chairman of the Board, Senior Vice President and Chief Executive Officer STRATUS PROPERTIES OPERATING CO., L.P., a Delaware limited partnership By: STRS L.L.C., a Delaware limited liability company, General Partner By: Stratus Properties Inc., a Delaware corporation, its Sole Member By: \s\ Xxxxxxx /s/ Xxxx X. XxxxxxxxxXxxxx Xxxx X. Xxxxx, III Xxxxxxx X. Xxxxxxxxx, III, Chairman of the Board, Senior Vice President and Chief Executive Officer CIRCLE C LAND, L.P., a Texas limited partnership, f/k/a Circle C Land Corp. By: Circle C GP, L.L.C., a Delaware limited liability company, its general partner By: Stratus Properties, Inc., a Delaware corporation, its Sole Member By: \s\ Xxxxxxx /s/ Xxxx X. XxxxxxxxxXxxxx Xxxx X. Xxxxx, III Xxxxxxx X. Xxxxxxxxx, III, Senior Vice President AUSTIN 290 PROPERTIES, INC., a Texas corporation By: \s\ Xxxxxxx /s/ Xxxx X. XxxxxxxxxXxxxx Xxxx X. Xxxxx, III Xxxxxxx X. Xxxxxxxxx, III, Senior Vice President XXXXXX CREEK JV: OLY STRATUS BARTON CREEK I JOINT VENTURE, a Texas joint venture By: STRS L.L.C., a Delaware limited liability company, Venturer By: STRATUS PROPERTIES INC., a Delaware corporation, its sole member By: \s\ /s/ Xxxx X. Xxxxx Xxxx X. Xxxxx, Senior Vice President By: STRATUS ABC WEST I, L.P., a Texas limited partnership, Venturer By: STRS L.L.C., a Delaware limited liability company, General Partner \ By: STRATUS PROPERTIES INC., a Delaware corporation, its sole member By: \s\ /s/ Xxxx X. Xxxxx Xxxx X. Xxxxx, Senior Vice President STATE OF TEXAS § § COUNTY OF DALLAS § This instrument was ACKNOWLEDGED before me, on the 23rd 24th day of JuneMay, 20042005, by XXXXX X. XXXXX, Senior Vice President of COMERICA BANK, a Michigan banking corporation, successor by merger to Comerica Bank-Texas, on behalf of said banking corporation. [SEAL] \s\ Xxxxxxxx X. Xxxx /s/ Xxxxx Xxxxxx Notary Public, State of Texas Xxxxxxxx X. Xxxx Xxxxx Xxxxxx Printed Name of Notary Public My Commission Expires: August 4, 20052/2/2008. STATE OF TEXAS § § COUNTY OF XXXXXX § This instrument was ACKNOWLEDGED before me on the 23rd 24th of JuneMay, 20042005, by Xxxxxxx Xxxx X. XxxxxxxxxXxxxx, III, the Chairman of the Board, Senior Vice President and Chief Executive Officer of STRATUS PROPERTIES INC., a Delaware corporation, on behalf of said corporation. [SEAL] \s\ Xxxx X. /s/ Xxxxx Xxxxxx Notary Public, State of Texas Xxxx X. Xxxxx Xxxxxx Printed Name of Notary Public My Commission Expires: February 24, 20062-2-2008. STATE OF TEXAS § § COUNTY OF XXXXXX § This instrument was ACKNOWLEDGED before me, on the 23rd 24th day of JuneMay, 20042005, by Xxxxxxx Xxxx X. XxxxxxxxxXxxxx, III, the Chairman of the Board, Senior Vice President and Chief Executive Officer of STRATUS PROPERTIES INC., a Delaware corporation, sole member of STRS, L.L.C., a Delaware limited liability company, general partner of STRATUS PROPERTIES OPERATING CO., L.P., a Delaware limited partnership, on behalf of said limited partnership. [SEAL] \s\ Xxxx X. /s/ Xxxxx Xxxxxx Notary Public, State of Texas Xxxx X. Xxxxx Xxxxxx Printed Name of Notary Public My Commission Expires: February 24, 20062-2-2008. STATE OF TEXAS § § COUNTY OF XXXXXX § This instrument was ACKNOWLEDGED before me, on the 23rd 24th day of JuneMay, 20042005, by Xxxxxxx Xxxx X. XxxxxxxxxXxxxx, III, Senior Vice President of of STRATUS PROPERTIES INC., a Delaware corporation, sole member of Circle C GP, L.L.C., a Delaware limited liability company, general partner of CIRCLE C LAND, L.P., a Texas limited partnership, f/k/a Circle C Land Corp., on behalf of said limited partnership. [SEAL] \s\ Xxxx X. /s/ Xxxxx Xxxxxx Notary Public, State of Texas Xxxx X. Xxxxx Xxxxxx Printed Name of Notary Public My Commission Expires: February 24, 20062-2-2008. STATE OF TEXAS § § COUNTY OF XXXXXX § This instrument was ACKNOWLEDGED before me, on the 23rd 24th day of JuneMay, 20042005, by Xxxxxxx Xxxx X. XxxxxxxxxXxxxx, III, the Senior Vice President of AUSTIN 290 PROPERTIES, INC., a Texas corporation, on behalf of said corporation. [SEAL] \s\ Xxxx X. /s/ Xxxxx Xxxxxx Notary Public, State of Texas Xxxx X. Xxxxx Xxxxxx Printed Name of Notary Public My Commission Expires: February 24, 20062-2-2008. STATE OF TEXAS § § COUNTY OF XXXXXX § This instrument was ACKNOWLEDGED before me, on the 23rd 24th day of JuneMay, 20042005, by Xxxx X. Xxxxx, Senior Vice President of STRATUS PROPERTIES INC., a Delaware corporation, sole member of STRS, L.L.C., a Delaware limited liability company, venturer of OLY STRATUS BARTON CREEK I JOINT VENTURE STRATUS, a Texas joint venture, on behalf of said joint venture. [SEAL] \s\ Xxxx X. /s/ Xxxxx Xxxxxx Notary Public, State of Texas Xxxx X. Xxxxx Xxxxxx Printed Name of Notary Public My Commission Expires: February 24, 20062-2-2008. STATE OF TEXAS § § COUNTY OF XXXXXX § This instrument was ACKNOWLEDGED before me, on the 23rd 24th day of JuneMay, 20042005, by Xxxx X. Xxxxx, Senior Vice President of STRATUS PROPERTIES INC., a Delaware corporation, sole member of STRS, L.L.C., a Delaware limited liability company, general partner of STRATUS ABC WEST I, L.P., a Texas limited partnership, venturer of OLY STRATUS BARTON CREEK I JOINT VENTURE STRATUS, a Texas joint venture, on behalf of said joint venture. [SEAL] \s\ Xxxx X. /s/ Xxxxx Xxxxxx Notary Public, State of Texas Xxxx X. Xxxxx Xxxxxx Printed Name of Notary Public My Commission Expires: February 24, 2006. EXHIBIT "A" ESCALA PROPERTY Certain lots previously encumbered by that certain Deed of Trust dated as of February 27, 2002 and recorded under Document No. 2002038536 of the Office Public Records of Xxxxxx County, Texas (the "Escala Deed of Trust") have been released. The property currently encumbered by the Escala Deed of Trust only includes the following real property:2-2-2008.
Appears in 1 contract
Samples: Fourth Modification and Extension Agreement (Stratus Properties Inc)
Lender. COMERICA BANKFRANKLIN STREET PROPERTIES CORP., a Michigan banking corporation, successor by merger to Comerica Bank-Texas Maryland corporation By: \s\ Xxxxx /s/ Xxxxxx X. Xxxxx Xxxxxx Name: Xxxxx X.Xxxxx Xxxxxx X. Xxxxxx Title: Senior Vice President BORROWER: STRATUS PROPERTIES INC.FSP GALLERIA NORTH LIMITED PARTNERSHIP, a Delaware corporation By: \s\ Xxxxxxx X. Xxxxxxxxx, III. Xxxxxxx X. Xxxxxxxxx, III, Chairman of the Board, President and Chief Executive Officer STRATUS PROPERTIES OPERATING CO., L.P., a Delaware Texas limited partnership By: STRS L.L.C., a Delaware limited liability company, General Partner By: Stratus Properties Inc., a Delaware corporation, its Sole Member By: \s\ Xxxxxxx X. Xxxxxxxxx, III Xxxxxxx X. Xxxxxxxxx, III, Chairman of the Board, President and Chief Executive Officer CIRCLE C LAND, L.P., a Texas limited partnership, f/k/a Circle C Land Corp. By: Circle C GP, L.L.C., a Delaware limited liability companyFSP Galleria North LLC, its general partner By: Stratus Properties/s/ Xxxxxx X. Xxxxxx Name: Xxxxxx X. Xxxxxx Title: President Exhibit A SCHEDULE OF LOAN AND PAYMENTS OF PRINCIPAL TO SECURED PROMISSORY NOTE (REVOLVING) OF FSP GALLERIA NORTH LIMITED PARTNERSHIP DATED FEBRUARY 1, Inc., a Delaware corporation, its Sole Member By2012 Principal Amount of Advance Date Advance Fee Principal Amount Paid Unpaid Balance Exhibit B ADVANCE FORM Date: \s\ Xxxxxxx X. Xxxxxxxxx, III Xxxxxxx X. Xxxxxxxxx, III, President AUSTIN 290 PROPERTIES, INC., a Texas corporation By_____________________ Loan Advance Request Amount of Advance Requested $___________. Amount of Advance Fee Applicable to Requested Advance $______________. Date of Requested Advance: \s\ Xxxxxxx X. Xxxxxxxxx, III Xxxxxxx X. Xxxxxxxxx, III, President XXXXXX CREEK JV: OLY STRATUS BARTON CREEK I JOINT VENTURE, a Texas joint venture By: STRS L.L.C., a Delaware limited liability company, Venturer By: STRATUS PROPERTIES INC., a Delaware corporation, its sole member By: \s\ Xxxx X. Xxxxx Xxxx X. Xxxxx, Senior Vice President By: STRATUS ABC WEST I, L.P., a Texas limited partnership, Venturer By: STRS L.L.C., a Delaware limited liability company, General Partner \ By: STRATUS PROPERTIES INC., a Delaware corporation, its sole member By: \s\ Xxxx X. Xxxxx Xxxx X. Xxxxx, Senior Vice President STATE OF TEXAS § § COUNTY OF DALLAS § This instrument was ACKNOWLEDGED before me, on the 23rd day of June, 2004, by XXXXX X. XXXXX, Senior Vice President of COMERICA BANK, a Michigan banking corporation, successor by merger to Comerica Bank-Texas, on behalf of said banking corporation. [SEAL] \s\ Xxxxxxxx X. Xxxx Notary Public, State of Texas Xxxxxxxx X. Xxxx Printed Name of Notary Public My Commission Expires: August 4, 2005. STATE OF TEXAS § § COUNTY OF XXXXXX § This instrument was ACKNOWLEDGED before me on the 23rd of June, 2004, by Xxxxxxx X. Xxxxxxxxx, III, the Chairman All of the Board, President representations and Chief Executive Officer warranties of STRATUS PROPERTIES INC., a Delaware corporation, on behalf FSP GALLERIA NORTH LIMITED PARTNERSHIP (the “Partnership”) in the Secured Promissory Note (Revolving) made by the Company in favor of said corporation. [SEAL] \s\ Xxxx X. Xxxxxx Notary Public, State of Texas Xxxx X. Xxxxxx Printed Name of Notary Public My Commission Expires: February 24, 2006. STATE OF TEXAS § § COUNTY OF XXXXXX § This instrument was ACKNOWLEDGED before me, on the 23rd day of June, 2004, by Xxxxxxx X. Xxxxxxxxx, III, the Chairman of the Board, President and Chief Executive Officer of STRATUS PROPERTIES INC., a Delaware corporation, sole member of STRS, L.L.C., a Delaware limited liability company, general partner of STRATUS PROPERTIES OPERATING CO., L.P., a Delaware limited partnership, on behalf of said limited partnership. [SEAL] \s\ Xxxx X. Xxxxxx Notary Public, State of Texas Xxxx X. Xxxxxx Printed Name of Notary Public My Commission Expires: February 24, 2006. STATE OF TEXAS § § COUNTY OF XXXXXX § This instrument was ACKNOWLEDGED before me, on the 23rd day of June, 2004, by Xxxxxxx X. Xxxxxxxxx, III, President of of STRATUS PROPERTIES INC., a Delaware corporation, sole member of Circle C GP, L.L.C., a Delaware limited liability company, general partner of CIRCLE C LAND, L.P., a Texas limited partnership, f/k/a Circle C Land Corp., on behalf of said limited partnership. [SEAL] \s\ Xxxx X. Xxxxxx Notary Public, State of Texas Xxxx X. Xxxxxx Printed Name of Notary Public My Commission Expires: February 24, 2006. STATE OF TEXAS § § COUNTY OF XXXXXX § This instrument was ACKNOWLEDGED before me, on the 23rd day of June, 2004, by Xxxxxxx X. Xxxxxxxxx, III, the President of AUSTIN 290 PROPERTIES, INC., a Texas corporation, on behalf of said corporation. [SEAL] \s\ Xxxx X. Xxxxxx Notary Public, State of Texas Xxxx X. Xxxxxx Printed Name of Notary Public My Commission Expires: February 24, 2006. STATE OF TEXAS § § COUNTY OF XXXXXX § This instrument was ACKNOWLEDGED before me, on the 23rd day of June, 2004, by Xxxx X. Xxxxx, Senior Vice President of STRATUS PROPERTIES INC., a Delaware corporation, sole member of STRS, L.L.C., a Delaware limited liability company, venturer of OLY STRATUS BARTON CREEK I JOINT VENTURE STRATUS, a Texas joint venture, on behalf of said joint venture. [SEAL] \s\ Xxxx X. Xxxxxx Notary Public, State of Texas Xxxx X. Xxxxxx Printed Name of Notary Public My Commission Expires: February 24, 2006. STATE OF TEXAS § § COUNTY OF XXXXXX § This instrument was ACKNOWLEDGED before me, on the 23rd day of June, 2004, by Xxxx X. Xxxxx, Senior Vice President of STRATUS PROPERTIES INC., a Delaware corporation, sole member of STRS, L.L.C., a Delaware limited liability company, general partner of STRATUS ABC WEST I, L.P., a Texas limited partnership, venturer of OLY STRATUS BARTON CREEK I JOINT VENTURE STRATUS, a Texas joint venture, on behalf of said joint venture. [SEAL] \s\ Xxxx X. Xxxxxx Notary Public, State of Texas Xxxx X. Xxxxxx Printed Name of Notary Public My Commission Expires: February 24, 2006. EXHIBIT "A" ESCALA PROPERTY Certain lots previously encumbered by that certain Deed of Trust Franklin Street Properties Corp. dated as of February 271, 2002 and recorded under Document No. 2002038536 of the Office Public Records of Xxxxxx County, Texas 2012 (the "Escala “Note”) are true, correct and complete in all material respects on the date of this request for an advance. No default or Event of Default (as defined in the Loan Agreement) has occurred and is continuing under the Note, the Deed of Trust") have been released, the Loan Agreement or any of the other Loan Documents (as defined in the Note). The property currently encumbered by the Escala Deed of Trust only includes the following real property:FSP GALLERIA NORTH LIMITED PARTNERSHIP By: FSP Galleria North LLC, its general partner By: ___________________ Name: Title: Phone Number: ____________________ Exhibit C WIRE INSTRUCTIONS: RBS Citizens/PROV Xxx Xxxxxxxx Xxxxx Xxxxxxxxxx, XX 00000 ABA #000000000 Further CBM #1316919142 A/C Name: FSP Galleria North Corp. 000 Xxxxxxxxx Xxxxx Xxxxxxxxx, XX 00000
Appears in 1 contract
Lender. COMERICA BANK, a Michigan banking corporation, successor by merger to Comerica Bank-Texas By: \s\ Xxxxx X. Xxxxx Name: Xxxxx X.Xxxxx Title: Senior Vice President BORROWER: STRATUS PROPERTIES INC., a Delaware corporation By: \s\ Xxxxxxx X. Xxxxxxxxx, III. Xxxxxxx X. Xxxxxxxxx, III, Chairman of the Board, President and Chief Executive Officer STRATUS PROPERTIES OPERATING CO., L.P., a Delaware limited partnership By: STRS L.L.C., a Delaware limited liability company, General Partner By: Stratus Properties Inc., a Delaware corporation, its Sole Member By: \s\ Xxxxxxx X. Xxxxxxxxx, III Xxxxxxx X. Xxxxxxxxx, III, Chairman of the Board, President and Chief Executive Officer CIRCLE C LAND, L.P., a Texas limited partnership, f/k/a Circle C Land Corp. By: Circle C GP, L.L.C., a Delaware limited liability company, its general partner By: Stratus Properties, Inc., a Delaware corporation, its Sole Member By: \s\ Xxxxxxx X. Xxxxxxxxx, III Xxxxxxx X. Xxxxxxxxx, III, President AUSTIN 290 PROPERTIES, INC., a Texas corporation By: \s\ Xxxxxxx X. Xxxxxxxxx, III Xxxxxxx X. Xxxxxxxxx, III, President XXXXXX CREEK JV: OLY STRATUS BARTON CREEK I JOINT VENTURE, a Texas joint venture By: STRS L.L.C., a Delaware limited liability company, Venturer By: STRATUS PROPERTIES INC., a Delaware corporation, its sole member By: \s\ Xxxx X. Xxxxx Xxxx s/ Jxxx X. Xxxxx, Senior Vice President By: STRATUS ABC WEST I, L.P., a Texas limited partnership, Venturer By: STRS L.L.C., a Delaware limited liability company, General Partner \ By: STRATUS PROPERTIES INC., a Delaware corporation, its sole member By: \s\ Xxxx X. Xxxxx Xxxx Xx. Jxxx X. Xxxxx, Xx. /s/ Annedenise M. Xxxxx Annedenise M. Xxxxx EXHIBIT A Form of Senior Vice President STATE Secured Promissory Note THIS SECURED PROMISSORY NOTE AND THE SHARES ISSUABLE UPON THE CONVERSION OF TEXAS § § COUNTY THIS SECURED PROMISSORY NOTE HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF DALLAS § This instrument was ACKNOWLEDGED before me1933, on AS AMENDED. NEITHER THIS SECURED PROMIORRY NOTE NOR ANY OF SUCH SHARES MAY BE SOLD, TRANSFERRED OR ASSIGNED IN THE ABSENCE OF AN EFFECTIVE REGISTRATION STATEMENT FOR SUCH SECURITIES UNDER SAID ACT OR, AN OPINION OF COUNSEL, IN FORM, SUBSTANCE AND SCOPE, CUSTOMARY FOR OPINIONS OF COUNSEL IN COMPARABLE TRANSACTIONS, THAT REGISTRATION IS NOT REQUIRED UNDER SUCH ACT OR UNLESS SOLD PURSUANT TO RULE 144 OR REGULATION S UNDER SUCH ACT. SECURED PROMISSORY NOTE AUGUST 13, 2012 USD$1,000,000.00 FOR VALUE RECEIVED, GBS ENTERPRISES INCORPORATED, a Nevada corporation (the 23rd day of June“Company”), 2004, by XXXXX promises to pay to JXXX X. XXXXX, Senior Vice President XX. and ANNEDENISE M. XXXXX, spouses holding this Promissory Note (the “Note”) as Tenants by the Entirety (“TBE”) and having a principal residence at _________________________ (collectively, the “Lender”) or other address as the Lender shall specify in writing, the principal sum of COMERICA BANK, a Michigan banking corporation, successor by merger to Comerica Bank-Texas, on behalf ONE MILLION U.S. DOLLARS AND ZERO CENTS ($1,000,000.00) and interest at the annual rate of said banking corporation. [SEAL] \s\ Xxxxxxxx X. Xxxx Notary Public, State of Texas Xxxxxxxx X. Xxxx Printed Name of Notary Public My Commission Expires: August 4, 2005. STATE OF TEXAS § § COUNTY OF XXXXXX § This instrument was ACKNOWLEDGED before me twenty percent (20%) on the 23rd of June, 2004, by Xxxxxxx X. Xxxxxxxxx, III, the Chairman of the Board, President and Chief Executive Officer of STRATUS PROPERTIES INC., a Delaware corporation, on behalf of said corporation. [SEAL] \s\ Xxxx X. Xxxxxx Notary Public, State of Texas Xxxx X. Xxxxxx Printed Name of Notary Public My Commission Expires: February 24, 2006. STATE OF TEXAS § § COUNTY OF XXXXXX § This instrument was ACKNOWLEDGED before me, on the 23rd day of June, 2004, by Xxxxxxx X. Xxxxxxxxx, III, the Chairman of the Board, President and Chief Executive Officer of STRATUS PROPERTIES INC., a Delaware corporation, sole member of STRS, L.L.C., a Delaware limited liability company, general partner of STRATUS PROPERTIES OPERATING CO., L.P., a Delaware limited partnership, on behalf of said limited partnership. [SEAL] \s\ Xxxx X. Xxxxxx Notary Public, State of Texas Xxxx X. Xxxxxx Printed Name of Notary Public My Commission Expires: February 24, 2006. STATE OF TEXAS § § COUNTY OF XXXXXX § This instrument was ACKNOWLEDGED before me, on the 23rd day of June, 2004, by Xxxxxxx X. Xxxxxxxxx, III, President of of STRATUS PROPERTIES INC., a Delaware corporation, sole member of Circle C GP, L.L.C., a Delaware limited liability company, general partner of CIRCLE C LAND, L.P., a Texas limited partnership, f/k/a Circle C Land Corp., on behalf of said limited partnership. [SEAL] \s\ Xxxx X. Xxxxxx Notary Public, State of Texas Xxxx X. Xxxxxx Printed Name of Notary Public My Commission Expires: February 24, 2006. STATE OF TEXAS § § COUNTY OF XXXXXX § This instrument was ACKNOWLEDGED before me, on the 23rd day of June, 2004, by Xxxxxxx X. Xxxxxxxxx, III, the President of AUSTIN 290 PROPERTIES, INC., a Texas corporation, on behalf of said corporation. [SEAL] \s\ Xxxx X. Xxxxxx Notary Public, State of Texas Xxxx X. Xxxxxx Printed Name of Notary Public My Commission Expires: February 24, 2006. STATE OF TEXAS § § COUNTY OF XXXXXX § This instrument was ACKNOWLEDGED before me, on the 23rd day of June, 2004, by Xxxx X. Xxxxx, Senior Vice President of STRATUS PROPERTIES INC., a Delaware corporation, sole member of STRS, L.L.C., a Delaware limited liability company, venturer of OLY STRATUS BARTON CREEK I JOINT VENTURE STRATUS, a Texas joint venture, on behalf of said joint venture. [SEAL] \s\ Xxxx X. Xxxxxx Notary Public, State of Texas Xxxx X. Xxxxxx Printed Name of Notary Public My Commission Expires: February 24, 2006. STATE OF TEXAS § § COUNTY OF XXXXXX § This instrument was ACKNOWLEDGED before me, on the 23rd day of June, 2004, by Xxxx X. Xxxxx, Senior Vice President of STRATUS PROPERTIES INC., a Delaware corporation, sole member of STRS, L.L.C., a Delaware limited liability company, general partner of STRATUS ABC WEST I, L.P., a Texas limited partnership, venturer of OLY STRATUS BARTON CREEK I JOINT VENTURE STRATUS, a Texas joint venture, on behalf of said joint venture. [SEAL] \s\ Xxxx X. Xxxxxx Notary Public, State of Texas Xxxx X. Xxxxxx Printed Name of Notary Public My Commission Expires: February 24, 2006. EXHIBIT "A" ESCALA PROPERTY Certain lots previously encumbered by that certain Deed of Trust dated as of February 27, 2002 and recorded under Document No. 2002038536 of the Office Public Records of Xxxxxx County, Texas (the "Escala Deed of Trust") have been released. The property currently encumbered by the Escala Deed of Trust only includes unpaid balance pursuant to the following real propertyterms:
Appears in 1 contract
Samples: Note Purchase and Security Agreement (GBS Enterprises Inc)
Lender. COMERICA BANK, a Michigan banking corporation, successor by merger to Comerica Bank-Texas K2H WaterSide LLC ------------------------------------ By: \s\ Xxxxx X. Xxxxx /s/ Xxxxxxxx Xxxx ---------------------------------- Name: Xxxxx X.Xxxxx XXXXXXXX XXXX -------------------------------- Title: AUTHORIZED AGENT ------------------------------- [SIGNATURE PAGE OF THIRD AMENDMENT TO SECOND AMENDED AND RESTATED SENIOR SECURED CREDIT AGREEMENT] SEQUILS IV. LTD. By: TCW Advisors, Inc. as its Collateral Manager By: /s/ Xxxx Xxxx -------------------------------- Name: Xxxx Xxxx Title: Managing Director By: /s/ Xxxxxxxx Xxxx -------------------------------- Name: Xxxxxxxx Xxxx Title: Senior Vice President BORROWER: STRATUS PROPERTIES INC., a Delaware corporation [SIGNATURE PAGE OF THIRD AMENDMENT TO SECOND AMENDED AND RESTATED SENIOR SECURED CREDIT AGREEMENT] SEQUILS I. LTD. By: \s\ Xxxxxxx X. Xxxxxxxxx, III. Xxxxxxx X. Xxxxxxxxx, III, Chairman of the Board, President and Chief Executive Officer STRATUS PROPERTIES OPERATING CO., L.P., a Delaware limited partnership TCW Advisors Inc. as its Collateral Manager By: STRS L.L.C./s/ Xxxx X. Gold -------------------------------- Name: Xxxx X. Gold Title: Managing Director By: /s/ Xxxxxxxx Xxxx -------------------------------- Name: Xxxxxxxx Xxxx Title: Senior Vice President [SIGNATURE PAGE OF THIRD AMENDMENT TO SECOND AMENDED AND RESTATED SENIOR SECURED CREDIT AGREEMENT] TCW Leveraged Income Trust, a Delaware limited liability companyL.P. by: TCW Advisors (Bermuda) Ltd., as General Partner By: Stratus Properties Inc., a Delaware corporation, its Sole Member /s/ Xxxx X. Gold -------------------------------- Name: Xxxx X. Gold Title: Managing Director By: \s\ Xxxxxxx X. XxxxxxxxxTCW Investment Management Company, III Xxxxxxx X. Xxxxxxxxxas Investment Advisor By: /s/ Xxxxxxxx Xxxx -------------------------------- Name: Xxxxxxxx Xxxx Title: Senior Vice President [SIGNATURE PAGE OF THIRD AMENDMENT TO SECOND AMENDED AND RESTATED SENIOR SECURED CREDIT AGREEMENT] TCW LEVERAGED INCOME TRUST, IIIIV, Chairman L.P. By: TCW (XXXX XX), L.L.P. as General Partner By: TCW ASSET MANAGEMENT COMPANY, as managing member of the Board, General Partner By: /s/ Xxxx X. Gold -------------------------------- Name: Xxxx X. Gold Title: Managing Director By: /s/ Xxxxxxxx Xxxx -------------------------------- Name: Xxxxxxxx Xxxx Title: Senior Vice President and Chief Executive Officer CIRCLE C LAND[SIGNATURE PAGE OF THIRD AMENDMENT TO SECOND AMENDED AND RESTATED SENIOR SECURED CREDIT AGREEMENT] Crescent/Mach I Partners, L.P., a Texas limited partnershipby: TCW Asset Management Company, f/k/a Circle C Land Corp. its Investment Managers By: Circle C GP/s/ Xxxx X. Gold -------------------------- Xxxx X. Gold Managing Director [SIGNATURE PAGE OF THIRD AMENDMENT TO SECOND AMENDED AND RESTATED SENIOR SECURED CREDIT AGREEMENT] TCW Leveraged Income Trust II, L.L.C.L.P. by: TCW Advisors (Bermuda), a Delaware limited liability companyLtd., its general partner as General Partner By: Stratus Properties, Inc., a Delaware corporation, its Sole Member /s/ Xxxx X. Gold ------------------------------------- Name: Xxxx X. Gold Title: Managing Director By: \s\ Xxxxxxx X. XxxxxxxxxTCW Investment Management Company, III Xxxxxxx X. Xxxxxxxxx, III, President AUSTIN 290 PROPERTIES, INC., a Texas corporation as Investment Advisor By: \s\ Xxxxxxx X. Xxxxxxxxx, III Xxxxxxx X. Xxxxxxxxx, III, President XXXXXX CREEK JV/s/ Xxxxxxxx Xxxx ------------------------------------ Name: OLY STRATUS BARTON CREEK I JOINT VENTURE, a Texas joint venture ByXxxxxxxx Xxxx Title: STRS L.L.C., a Delaware limited liability company, Venturer By: STRATUS PROPERTIES INC., a Delaware corporation, its sole member By: \s\ Xxxx X. Xxxxx Xxxx X. Xxxxx, Senior Vice President By: STRATUS ABC WEST I, L.P., a Texas limited partnership, Venturer By: STRS L.L.C., a Delaware limited liability company, General Partner \ By: STRATUS PROPERTIES INC., a Delaware corporation, its sole member By: \s\ Xxxx X. Xxxxx Xxxx X. Xxxxx, Senior Vice President STATE OF TEXAS § § COUNTY OF DALLAS § This instrument was ACKNOWLEDGED before me, on the 23rd day of June, 2004, by XXXXX X. XXXXX, Senior Vice President of COMERICA BANK, a Michigan banking corporation, successor by merger to Comerica Bank-Texas, on behalf of said banking corporation. [SEAL] \s\ Xxxxxxxx X. Xxxx Notary Public, State of Texas Xxxxxxxx X. Xxxx Printed Name of Notary Public My Commission Expires: August 4, 2005. STATE OF TEXAS § § COUNTY OF XXXXXX § This instrument was ACKNOWLEDGED before me on the 23rd of June, 2004, by Xxxxxxx X. Xxxxxxxxx, III, the Chairman of the Board, President and Chief Executive Officer of STRATUS PROPERTIES INC., a Delaware corporation, on behalf of said corporation. [SEAL] \s\ Xxxx X. Xxxxxx Notary Public, State of Texas Xxxx X. Xxxxxx Printed Name of Notary Public My Commission Expires: February 24, 2006. STATE OF TEXAS § § COUNTY OF XXXXXX § This instrument was ACKNOWLEDGED before me, on the 23rd day of June, 2004, by Xxxxxxx X. Xxxxxxxxx, III, the Chairman of the Board, President and Chief Executive Officer of STRATUS PROPERTIES INC., a Delaware corporation, sole member of STRS, L.L.C., a Delaware limited liability company, general partner of STRATUS PROPERTIES OPERATING CO., L.P., a Delaware limited partnership, on behalf of said limited partnership. [SEAL] \s\ Xxxx X. Xxxxxx Notary Public, State of Texas Xxxx X. Xxxxxx Printed Name of Notary Public My Commission Expires: February 24, 2006. STATE OF TEXAS § § COUNTY OF XXXXXX § This instrument was ACKNOWLEDGED before me, on the 23rd day of June, 2004, by Xxxxxxx X. Xxxxxxxxx, III, President of of STRATUS PROPERTIES INC., a Delaware corporation, sole member of Circle C GP, L.L.C., a Delaware limited liability company, general partner of CIRCLE C LAND, L.P., a Texas limited partnership, f/k/a Circle C Land Corp., on behalf of said limited partnership. [SEAL] \s\ Xxxx X. Xxxxxx Notary Public, State of Texas Xxxx X. Xxxxxx Printed Name of Notary Public My Commission Expires: February 24, 2006. STATE OF TEXAS § § COUNTY OF XXXXXX § This instrument was ACKNOWLEDGED before me, on the 23rd day of June, 2004, by Xxxxxxx X. Xxxxxxxxx, III, the President of AUSTIN 290 PROPERTIES, INC., a Texas corporation, on behalf of said corporation. [SEAL] \s\ Xxxx X. Xxxxxx Notary Public, State of Texas Xxxx X. Xxxxxx Printed Name of Notary Public My Commission Expires: February 24, 2006. STATE OF TEXAS § § COUNTY OF XXXXXX § This instrument was ACKNOWLEDGED before me, on the 23rd day of June, 2004, by Xxxx X. Xxxxx, Senior Vice President of STRATUS PROPERTIES INC., a Delaware corporation, sole member of STRS, L.L.C., a Delaware limited liability company, venturer of OLY STRATUS BARTON CREEK I JOINT VENTURE STRATUS, a Texas joint venture, on behalf of said joint venture. [SEAL] \s\ Xxxx X. Xxxxxx Notary Public, State of Texas Xxxx X. Xxxxxx Printed Name of Notary Public My Commission Expires: February 24, 2006. STATE OF TEXAS § § COUNTY OF XXXXXX § This instrument was ACKNOWLEDGED before me, on the 23rd day of June, 2004, by Xxxx X. Xxxxx, Senior Vice President of STRATUS PROPERTIES INC., a Delaware corporation, sole member of STRS, L.L.C., a Delaware limited liability company, general partner of STRATUS ABC WEST I, L.P., a Texas limited partnership, venturer of OLY STRATUS BARTON CREEK I JOINT VENTURE STRATUS, a Texas joint venture, on behalf of said joint venture. [SEAL] \s\ Xxxx X. Xxxxxx Notary Public, State of Texas Xxxx X. Xxxxxx Printed Name of Notary Public My Commission Expires: February 24, 2006. EXHIBIT "A" ESCALA PROPERTY Certain lots previously encumbered by that certain Deed of Trust dated as of February 27, 2002 and recorded under Document No. 2002038536 of the Office Public Records of Xxxxxx County, Texas (the "Escala Deed of Trust") have been released. The property currently encumbered by the Escala Deed of Trust only includes the following real property:President
Appears in 1 contract
Samples: Senior Secured Credit Agreement (Meristar Hospitality Corp)
Lender. COMERICA BANK, a Michigan banking corporation, successor by merger to Comerica Bank-Texas SUMITOMO MITSUI BANKING CORPORATION By: \s\ Xxxxx /s/ Wxxxxxx X. Xxxxx Xxxx Name: Xxxxx X.Xxxxx Wxxxxxx X. Xxxx Title: Executive Officer ELECTING LENDER: SUMITOMO MITSUI BANKING CORPORATION By: /s/ Wxxxxxx X. Xxxx Name: Wxxxxxx X. Xxxx Title: Executive Officer [signatures continue on following pages] LENDER: CAPITAL ONE, NATIONAL ASSOCIATION By: /s/ Fxxxxxxxx X. Xxxxxxx Name: Fxxxxxxxx X. Xxxxxxx Title: Senior Vice President BORROWER[signatures continue on following pages] LENDER: STRATUS PROPERTIES INC., a Delaware corporation COMERICA BANK By: \s\ /s/ Cxxxxxx Xxxxxxx X. Xxxxxxxxx, III. Name: Cxxxxxx Xxxxxxx X. Xxxxxxxxx, III, Chairman of the Board, Title: Vice President and Chief Executive Officer STRATUS PROPERTIES OPERATING CO., L.P., a Delaware limited partnership ELECTING LENDER: COMERICA BANK By: STRS L.L.C./s/ Cxxxxxx Xxxxxxx Name: Cxxxxxx Xxxxxxx Title: Vice President [signatures continue on following pages] LENDER: BARCLAYS BANK PLC By: Name: Title: [signatures continue on following pages] LENDER: BANK OF AMERICA, N.A. By: /s/ Txxxxx X. Xxxxx Name: Txxxxx X. Xxxxx Title: Vice President LENDER: MIZUHO BANK, LTD. By: /s/ Jxxx Xxxxxx Name: Jxxx Xxxxxx Title: Authorized Signatory [end of signatures] SCHEDULE 1 List of Real Property Property Address Property Owners 6000 Xxxxxxxx Xxxxx Xxx Xxxxx Xxxxxxxx, Xxxxxxxx ARC CSVBTMI001, LLC, a Delaware limited liability companycompany 20000 Xxxxxx Xxxxxxx Livonia, General Partner By: Stratus Properties Inc.Michigan ARC TRLIVMI001, a Delaware corporation, its Sole Member By: \s\ Xxxxxxx X. Xxxxxxxxx, III Xxxxxxx X. Xxxxxxxxx, III, Chairman of the Board, President and Chief Executive Officer CIRCLE C LAND, L.P., a Texas limited partnership, f/k/a Circle C Land Corp. By: Circle C GP, L.L.C.LLC, a Delaware limited liability companycompany 2000 Xxxxxxx Xxxxx Hebron, its general partner By: Stratus PropertiesKentucky ARC FEHBRKY001, Inc.LLC, a Delaware corporation, its Sole Member By: \s\ Xxxxxxx X. Xxxxxxxxx, III Xxxxxxx X. Xxxxxxxxx, III, President AUSTIN 290 PROPERTIES, INC., a Texas corporation By: \s\ Xxxxxxx X. Xxxxxxxxx, III Xxxxxxx X. Xxxxxxxxx, III, President XXXXXX CREEK JV: OLY STRATUS BARTON CREEK I JOINT VENTURE, a Texas joint venture By: STRS L.L.C., a Delaware limited liability companycompany SCHEDULE 2.01 – COMMITMENTS Lender Commitment JPMorgan Chase Bank, Venturer By: STRATUS PROPERTIES INC.N.A. $ 125,000,000 Regions Bank $ 125,000,000 RBS Citizens N.A. $ 125,000,000 Mizuho Bank, a Delaware corporationLtd. $ 100,000,000 Sumitomo Mitsui Banking Corporation $ 75,000,000 Capital One, its sole member By: \s\ Xxxx X. Xxxxx Xxxx X. XxxxxNational Association $ 50,000,000 Barclays Bank PLC $ 50,000,000 Bank of America, Senior Vice President By: STRATUS ABC WEST I, L.P., a Texas limited partnership, Venturer By: STRS L.L.C., a Delaware limited liability company, General Partner \ By: STRATUS PROPERTIES INC., a Delaware corporation, its sole member By: \s\ Xxxx X. Xxxxx Xxxx X. Xxxxx, Senior Vice President STATE OF TEXAS § § COUNTY OF DALLAS § This instrument was ACKNOWLEDGED before me, on the 23rd day of June, 2004, by XXXXX X. XXXXX, Senior Vice President of COMERICA BANK, a Michigan banking corporation, successor by merger to N.A. $ 50,000,000 Comerica Bank-Texas, on behalf of said banking corporation. [SEAL] \s\ Xxxxxxxx X. Xxxx Notary Public, State of Texas Xxxxxxxx X. Xxxx Printed Name of Notary Public My Commission Expires: August 4, 2005. STATE OF TEXAS § § COUNTY OF XXXXXX § This instrument was ACKNOWLEDGED before me on the 23rd of June, 2004, by Xxxxxxx X. Xxxxxxxxx, III, the Chairman of the Board, President and Chief Executive Officer of STRATUS PROPERTIES INC., a Delaware corporation, on behalf of said corporation. [SEAL] \s\ Xxxx X. Xxxxxx Notary Public, State of Texas Xxxx X. Xxxxxx Printed Name of Notary Public My Commission Expires: February 24, 2006. STATE OF TEXAS § § COUNTY OF XXXXXX § This instrument was ACKNOWLEDGED before me, on the 23rd day of June, 2004, by Xxxxxxx X. Xxxxxxxxx, III, the Chairman of the Board, President and Chief Executive Officer of STRATUS PROPERTIES INC., a Delaware corporation, sole member of STRS, L.L.C., a Delaware limited liability company, general partner of STRATUS PROPERTIES OPERATING CO., L.P., a Delaware limited partnership, on behalf of said limited partnership. [SEAL] \s\ Xxxx X. Xxxxxx Notary Public, State of Texas Xxxx X. Xxxxxx Printed Name of Notary Public My Commission Expires: February 24, 2006. STATE OF TEXAS § § COUNTY OF XXXXXX § This instrument was ACKNOWLEDGED before me, on the 23rd day of June, 2004, by Xxxxxxx X. Xxxxxxxxx, III, President of of STRATUS PROPERTIES INC., a Delaware corporation, sole member of Circle C GP, L.L.C., a Delaware limited liability company, general partner of CIRCLE C LAND, L.P., a Texas limited partnership, f/k/a Circle C Land Corp., on behalf of said limited partnership. [SEAL] \s\ Xxxx X. Xxxxxx Notary Public, State of Texas Xxxx X. Xxxxxx Printed Name of Notary Public My Commission Expires: February 24, 2006. STATE OF TEXAS § § COUNTY OF XXXXXX § This instrument was ACKNOWLEDGED before me, on the 23rd day of June, 2004, by Xxxxxxx X. Xxxxxxxxx, III, the President of AUSTIN 290 PROPERTIES, INC., a Texas corporation, on behalf of said corporation. [SEAL] \s\ Xxxx X. Xxxxxx Notary Public, State of Texas Xxxx X. Xxxxxx Printed Name of Notary Public My Commission Expires: February 24, 2006. STATE OF TEXAS § § COUNTY OF XXXXXX § This instrument was ACKNOWLEDGED before me, on the 23rd day of June, 2004, by Xxxx X. Xxxxx, Senior Vice President of STRATUS PROPERTIES INC., a Delaware corporation, sole member of STRS, L.L.C., a Delaware limited liability company, venturer of OLY STRATUS BARTON CREEK I JOINT VENTURE STRATUS, a Texas joint venture, on behalf of said joint venture. [SEAL] \s\ Xxxx X. Xxxxxx Notary Public, State of Texas Xxxx X. Xxxxxx Printed Name of Notary Public My Commission Expires: February 24, 2006. STATE OF TEXAS § § COUNTY OF XXXXXX § This instrument was ACKNOWLEDGED before me, on the 23rd day of June, 2004, by Xxxx X. Xxxxx, Senior Vice President of STRATUS PROPERTIES INC., a Delaware corporation, sole member of STRS, L.L.C., a Delaware limited liability company, general partner of STRATUS ABC WEST I, L.P., a Texas limited partnership, venturer of OLY STRATUS BARTON CREEK I JOINT VENTURE STRATUS, a Texas joint venture, on behalf of said joint venture. [SEAL] \s\ Xxxx X. Xxxxxx Notary Public, State of Texas Xxxx X. Xxxxxx Printed Name of Notary Public My Commission Expires: February 24, 2006. EXHIBIT "A" ESCALA PROPERTY Certain lots previously encumbered by that certain Deed of Trust dated as of February 27, 2002 and recorded under Document No. 2002038536 of the Office Public Records of Xxxxxx County, Texas (the "Escala Deed of Trust") have been released. The property currently encumbered by the Escala Deed of Trust only includes the following real property:Bank $ 40,000,000 Total Commitments $ 740,000,000
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Lender. COMERICA THE HUNTINGTON NATIONAL BANK, a Michigan national banking corporation, successor by merger to Comerica Bank-Texas By: \s\ Xxxxx association By:__/s/ Xxxxxxx X. Xxxxx Name: Xxxxxxx X. Xxxxx X.Xxxxx Title: Senior Vice President BORROWER: STRATUS PROPERTIES INC.The Huntington National Bank 000 Xxxxxx Xxxxxx, a Delaware corporation By: \s\ Xxxxxxx X. XX00 Xxxxxxxxx, III. Xxxxxxx X. XxxxxxxxxXX 00000 Attention: Xxxxx Xxxxxx Telephone: 000-000-0000 Facsimile: 000-000-0000 LENDER: MIDFIRST BANK, III, Chairman of the Board, President and Chief Executive Officer STRATUS PROPERTIES OPERATING CO., L.P., a Delaware limited partnership ByA FEDERALLY CHARTERED SAVINGS ASSOCIATION By:_/s/ Xxxx Wright_____________ Name: STRS L.L.C., a Delaware limited liability company, General Partner ByXxxx Xxxxxx Title: Stratus Properties Inc., a Delaware corporation, its Sole Member By: \s\ Xxxxxxx X. Xxxxxxxxx, III Xxxxxxx X. Xxxxxxxxx, III, Chairman of the Board, President and Chief Executive Officer CIRCLE C LAND, L.P., a Texas limited partnership, f/k/a Circle C Land Corp. By: Circle C GP, L.L.C., a Delaware limited liability company, its general partner By: Stratus Properties, Inc., a Delaware corporation, its Sole Member By: \s\ Xxxxxxx X. Xxxxxxxxx, III Xxxxxxx X. Xxxxxxxxx, III, President AUSTIN 290 PROPERTIES, INC., a Texas corporation By: \s\ Xxxxxxx X. Xxxxxxxxx, III Xxxxxxx X. Xxxxxxxxx, III, President XXXXXX CREEK JV: OLY STRATUS BARTON CREEK I JOINT VENTURE, a Texas joint venture By: STRS L.L.C., a Delaware limited liability company, Venturer By: STRATUS PROPERTIES INC., a Delaware corporation, its sole member By: \s\ Xxxx X. Xxxxx Xxxx X. Xxxxx, Senior Vice President By: STRATUS ABC WEST I, L.P.MidFirst Bank, a Texas limited partnershipfederally chartered Savings Association 000 XX Xxxxx Xxxx. Xxxxxxxx Xxxx, Venturer ByXX 00000 Attention: STRS L.L.C., a Delaware limited liability company, General Partner \ ByXxxx Xxxxxx Telephone: STRATUS PROPERTIES INC., a Delaware corporation, its sole member By000-000-0000 Facsimile: \s\ Xxxx 000-000-0000 [$40MM A&R Credit Agreement – Signature Page] LENDER: COMERICA BANK By:_/s/ Xxxxx X. Xxxxxxxxx Name: Xxxxx Xxxx X. Xxxxx, Senior Xxxxxxxxx Title: Vice President STATE Comerica Bank 0000 Xxxxxx Xxxx MC2390 Auburn Hills Michigan 48326 Attention: Xxxxxxx Xxxxxxx Telephone: 000-000-0000 Facsimile: 000-000-0000 [$40MM A&R Credit Agreement – Signature Page] LENDER: CITIZENS BANK. N.A. By:_/s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Assistant Vice President Citizens Bank, N.A. 0000 Xxxxxxxx Xxxxxx Xxxxxxxxx, Xxxx 00000 Attention: Xxx X. Xxxxxxxx Telephone: 000-000-0000 Facsimile: 000-000-0000 EXHIBIT A FORM OF TEXAS § § COUNTY OF DALLAS § This instrument was ACKNOWLEDGED TERM NOTE $______________ _____________, 201_ FOR VALUE RECEIVED, the undersigned (“Maker”), hereby promise to pay to ________________ __________________ (“Payee”), or order, in accordance with the terms of that certain Amended and Restated Credit Agreement, dated as of June 24, 2016, as from time to time in effect, among INDEPENDENCE REALTY OPERATING PARTNERSHIP, LP, KeyBank National Association, for itself and as Agent, and such other Lenders as may be from time to time named therein (as may be amended, modified, supplemented and/or extended from time to time, the “Credit Agreement”), to the extent not sooner paid, on or before methe Maturity Date, the principal sum of _________________ ($__________), or such amount as may be advanced by the Payee under the Credit Agreement as a Term Loan with daily interest from the date thereof, computed as provided in the Credit Agreement, on the 23rd day principal amount hereof from time to time unpaid, at a rate per annum on each portion of Junethe principal amount which shall at all times be equal to the rate of interest applicable to such portion in accordance with the Credit Agreement, 2004and with interest on overdue principal and, to the extent permitted by XXXXX X. XXXXX, Senior Vice President of COMERICA BANK, a Michigan banking corporation, successor by merger to Comerica Bank-Texasapplicable law, on behalf overdue installments of interest and late charges at the rates provided in the Credit Agreement. Interest shall be payable on the dates specified in the Credit Agreement, except that all accrued interest shall be paid at the stated or accelerated maturity hereof or upon the prepayment in full hereof. Capitalized terms used herein and not otherwise defined herein shall have the meanings set forth in the Credit Agreement. Payments hereunder shall be made to the Agent for the Payee at 000 Xxxxxx Xxxxxx, Xxxxxxxxx, Xxxx 00000-0000, or at such other address as Agent may designate from time to time, or made by wire transfer in accordance with wiring instructions provided by the Agent. This Note is one of one or more Term Notes evidencing borrowings under and is entitled to the benefits and subject to the provisions of the Credit Agreement. The principal of this Note may be due and payable in whole or in part prior to the Maturity Date and is subject to mandatory prepayment in the amounts and under the circumstances set forth in the Credit Agreement, and may be prepaid in whole or from time to time in part, all as set forth in the Credit Agreement. Notwithstanding anything in this Note to the contrary, all agreements between the undersigned Maker and the Lenders and the Agent, whether now existing or hereafter arising and whether written or oral, are hereby limited so that in no contingency, whether by reason of acceleration of the maturity of any of the Obligations or otherwise, shall the interest contracted for, charged or received by the Lenders exceed the maximum amount permissible under applicable law. If, from any circumstance whatsoever, interest would otherwise be payable to the Lenders in excess of the maximum lawful amount, the interest payable to the Lenders shall be reduced to the maximum amount permitted under applicable law; and if from any circumstance the Lenders shall ever receive anything of value deemed interest by applicable law in excess of the maximum lawful amount, an amount equal to any excessive interest shall be applied to the reduction of the principal balance of the Obligations of the undersigned Maker and to the payment of interest or, if such excessive interest exceeds the unpaid balance of principal of the Obligations of the undersigned Maker, such excess shall be refunded to the undersigned Maker. All interest paid or agreed to be paid to the Lenders shall, to the extent permitted by applicable law, be amortized, prorated, allocated and spread throughout the full period until payment in full of the principal of the Obligations of the undersigned Maker (including the period of any renewal or extension thereof) so that the interest thereon for such full period shall not exceed the maximum amount permitted by applicable law. This paragraph shall control all agreements between the undersigned Maker and the Lenders and the Agent. In case an Event of Default shall occur, the entire principal amount of this Note may become or be declared due and payable in the manner and with the effect provided in said banking corporationCredit Agreement. [SEAL] \s\ Xxxxxxxx X. Xxxx Notary Public, This Note shall be governed by the laws of the State of Texas Xxxxxxxx X. Xxxx Printed Name New York, including, without limitation, New York General Obligations Law Section 5‑1401. The undersigned Maker and all guarantors and endorsers, to the extent permitted by applicable law, hereby waive presentment, demand, notice, protest, notice of Notary Public My Commission Expires: August 4intention to accelerate the indebtedness evidenced hereby, 2005. STATE OF TEXAS § § COUNTY OF XXXXXX § This instrument was ACKNOWLEDGED before me on the 23rd notice of June, 2004, by Xxxxxxx X. Xxxxxxxxx, III, the Chairman acceleration of the Boardindebtedness evidenced hereby and all other demands and notices in connection with the delivery, President acceptance, performance and Chief Executive Officer enforcement of STRATUS PROPERTIES INCthis Note, except as specifically otherwise provided in the Credit Agreement, and assent to extensions of time of payment or forbearance or other indulgence without notice., a Delaware corporation, on behalf of said corporation. [SEAL] \s\ Xxxx X. Xxxxxx Notary Public, State of Texas Xxxx X. Xxxxxx Printed Name of Notary Public My Commission Expires: February 24, 2006. STATE OF TEXAS § § COUNTY OF XXXXXX § This instrument was ACKNOWLEDGED before me, on the 23rd day of June, 2004, by Xxxxxxx X. Xxxxxxxxx, III, the Chairman of the Board, President and Chief Executive Officer of STRATUS PROPERTIES INC., a Delaware corporation, sole member of STRS, L.L.C., a Delaware limited liability company, general partner of STRATUS PROPERTIES OPERATING CO., L.P., a Delaware limited partnership, on behalf of said limited partnership. [SEAL] \s\ Xxxx X. Xxxxxx Notary Public, State of Texas Xxxx X. Xxxxxx Printed Name of Notary Public My Commission Expires: February 24, 2006. STATE OF TEXAS § § COUNTY OF XXXXXX § This instrument was ACKNOWLEDGED before me, on the 23rd day of June, 2004, by Xxxxxxx X. Xxxxxxxxx, III, President of of STRATUS PROPERTIES INC., a Delaware corporation, sole member of Circle C GP, L.L.C., a Delaware limited liability company, general partner of CIRCLE C LAND, L.P., a Texas limited partnership, f/k/a Circle C Land Corp., on behalf of said limited partnership. [SEAL] \s\ Xxxx X. Xxxxxx Notary Public, State of Texas Xxxx X. Xxxxxx Printed Name of Notary Public My Commission Expires: February 24, 2006. STATE OF TEXAS § § COUNTY OF XXXXXX § This instrument was ACKNOWLEDGED before me, on the 23rd day of June, 2004, by Xxxxxxx X. Xxxxxxxxx, III, the President of AUSTIN 290 PROPERTIES, INC., a Texas corporation, on behalf of said corporation. [SEAL] \s\ Xxxx X. Xxxxxx Notary Public, State of Texas Xxxx X. Xxxxxx Printed Name of Notary Public My Commission Expires: February 24, 2006. STATE OF TEXAS § § COUNTY OF XXXXXX § This instrument was ACKNOWLEDGED before me, on the 23rd day of June, 2004, by Xxxx X. Xxxxx, Senior Vice President of STRATUS PROPERTIES INC., a Delaware corporation, sole member of STRS, L.L.C., a Delaware limited liability company, venturer of OLY STRATUS BARTON CREEK I JOINT VENTURE STRATUS, a Texas joint venture, on behalf of said joint venture. [SEAL] \s\ Xxxx X. Xxxxxx Notary Public, State of Texas Xxxx X. Xxxxxx Printed Name of Notary Public My Commission Expires: February 24, 2006. STATE OF TEXAS § § COUNTY OF XXXXXX § This instrument was ACKNOWLEDGED before me, on the 23rd day of June, 2004, by Xxxx X. Xxxxx, Senior Vice President of STRATUS PROPERTIES INC., a Delaware corporation, sole member of STRS, L.L.C., a Delaware limited liability company, general partner of STRATUS ABC WEST I, L.P., a Texas limited partnership, venturer of OLY STRATUS BARTON CREEK I JOINT VENTURE STRATUS, a Texas joint venture, on behalf of said joint venture. [SEAL] \s\ Xxxx X. Xxxxxx Notary Public, State of Texas Xxxx X. Xxxxxx Printed Name of Notary Public My Commission Expires: February 24, 2006. EXHIBIT "A" ESCALA PROPERTY Certain lots previously encumbered by that certain Deed of Trust dated as of February 27, 2002 and recorded under Document No. 2002038536 of the Office Public Records of Xxxxxx County, Texas (the "Escala Deed of Trust") have been released. The property currently encumbered by the Escala Deed of Trust only includes the following real property:
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