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1900 Swiss Avenue Owners Association, Inc. · 8 pages
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ELECTRONICALLY RECORDED 201900147444 TX42340362-19 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER’S LICENSE NUMBER.

NINTH AMENDMENT TO DEED OF TRUST THE STATE OF TEXAS § Know All Men By COUNTY OF DALLAS § THIS NINTH AMENDMENT TO DEED OF effective as of June 5, 2019, is made and entered into b} FINANCE, LLC, a Texas limited liability compa: dated as of April 17, 2018, recorded o O78, as Instrument No. 201800102101, Real Property Records of Dallas Cou J T s Sento’ by that certain First Amended Deed of Trust, dated July 30, 2018, Ae , 2018, as Instrument No. 201800207622, Real econd Amended Deed of Trust, dated August 16, 2018, recorded August 27 ask ent No. 201 800230651, of the Real Estate Records of Records of Dallas Co tas,“and as amended by that certain Fourth Amended Deed of Trust, dated October 10,.20 Amented Deed of Trust, dated April 17, 2019, recorded April 23, 2019, as Instrument No.

201900101028, of the Real Estate Records of Dallas County, Texas, and as amended by that certain Eighth Amended Deed of Trust, dated June 5, 2019, recorded June 6, 2019, as Instrument No.

201900145336, of the Real Estate Records of Dallas County, Texas (the “Deed of Trust”), encumbering certain real estate more particularly described on Exhibit A-1 (the “Original Collateral”) and made a part hereof to secure the repayment of the indebtedness evidenced by or arising under that certain Real Estate Lien Note dated as of April 17, 2018 (as modified, the “Note”) in the stated principal amount of Seven Million and No/100 Dollars ($7,000,000.00) (the

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nced by or arising under that certain Real Estate Lien Note dated as of April 17, 2018 (as modified, the “Note”) in the stated principal amount of Seven Million and No/100 Dollars ($7,000,000.00) (the “Loan’”’) executed by Grantor and made payable to Beneficiary; and Centre Living Swiss, LLC Ninth Amendment to Deed of Trust — Page 1 WHEREAS, pursuant to the terms of the Loan Documents (as defined in the Note), it was contemplated that Grantor and Beneficiary would enter into amendments to the Deed of Trust after the closing of the Loan to provide Beneficiary with a first lien security interest in and to such certain Parcels (as defined in the Note) acquired by Grantor after the closing of the Loan; that k the WHEREAS, pursuant to the terms of the Loan Agreement, Grantor has requested Beneficiary fund Advances (as defined in the Loan Agreement (as defined in the Note)) real property more particularly described on Exhibit A-2 (the “Additional Collateral”); subject to satisfaction of the conditions contained in the Loan Documents ¢ Collateral is deemed to be a Parcel under the Loan Documents; WHEREAS, Grantor and Beneficiary have agreed tg modifications to the Deed of Trust, so that the Loan is addi right, title and interest in and to the Additional Collateral; NOW, THEREFORE, in consideration of remises consideration, the receipt and total sufficiency of wh e hereby acknowledged, Grantor and Beneficiary hereby agree as follows: 1. Amendments to Deed of Tri The in the following respects: trust is hereby modified and amended (a) The definjijon oO uments” contained in the Deed of Trust is hereby modified and apagwde lyd¢ this Amendment.

(b) ;Property” contained in the Deed of Trust is hereby modified and améydeg déthe Additional Collateral

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n oO uments” contained in the Deed of Trust is hereby modified and apagwde lyd¢ this Amendment.

(b) ;Property” contained in the Deed of Trust is hereby modified and améydeg déthe Additional Collateral (c) dgscription of the Additional Collateral set forth on Exhibit A-2 attached her¢ 4dded as Exhibit A to the Deed of Trust so that it acts as collateral y etured by the Deed of Trust.

(e) Consistent with Section 29 of the Deed of Trust, advances for construction Ade on Lot 20, Block 10A/740, of Swiss Avenue Limited, an Addition to the City of as, Dallas County, Texas, according to Map/Plat thereof recorded in Instrument No.

201800076105, Map Records of Dallas County, Texas, commonly known as 1120 Lavender Ridge (“Lot 20/740”), the City of Dallas, Dallas County, Texas. The advances for construction are in the following amounts: Construction Loan Amount — 20/740: $363,561.00 with Interest Reserve Centre Living Swiss, LLC Ninth Amendment to Deed of Trust — Page 2 De Additional Collateral. Effective upon the recording of this Amendment and without the necessity of any additional documentation, Beneficiary’s lien under the Deed of Trust and the other Loan Documents shall be deemed to be additionally secured by the Additional Collateral.

3. Continuing Effect. Except as expressly modified by the terms and provisions of this Amendment, each and every of the terms and provisions of the Deed of Trust are unchanged and continued in full force and effect and the lien and security interest created by the Deed of Trust are valid and subsisting.

4. Parties Bound. This Amendment shall be binding upon the parties here respective successors and assigns.

5. Counterparts. This Amendment may be executed in several coun more of the undersigned and all such counterparts so executed shall ff

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binding upon the parties here respective successors and assigns.

5. Counterparts. This Amendment may be executed in several coun more of the undersigned and all such counterparts so executed shall ff constitute one final Amendment, as if one document had been S19 multiple signature pages affixed to a single copy of this Ame executed original Amendment.

6. Authority. Each party hereto has the fi al authority to execute and deliver this Amendment. In addition, the individual who execyte provisions hereof.

IN WITNESS WHEREOF, the parties year set forth above. es SS JBGL BUILDER FINANCE LLC, a Texas limited lability company “At ow: A- sell z » President GRANTOR: CENTRE LIVING SWISS, LLC, a Texas limited liability ¢ By: Trevor Brickman, Manager Centre Living Swiss, LLC Ninth Amendment to Deed of Trust — Page 3 STATE OF TEXAS § § COUNTY OF COLLIN § Ly —T" This instrument was acknowledged before me this 5 “day of 4 One 19, limited liability company, on behalf of said limited liability company.

Ke NS q (ER PAULA A REED Notary 1D # 12200085 My Commission Expires q eee January 20, 2020 ANE OF STATE OF TEXAS § & “ Ne COUNTY OF COLLIN S My ool before me this oie day of J Une ,» 2019, ontre Living Swiss , LLC, a Texas limited liability company, by Trevor Brickman, Ma on behalf of said limited h4bj Printed Name of Notary Nofary iD # 12200085 My Commission Expires January 20, 2020 After Recording, Return To: Green Brick Title, LLC, 2805 N Dallas Pkwy, Ste 100, Plano, TX 75093 Centre Living Swiss, LLC Ninth Amendment to Deed of Trust — Page 4 EXHIBIT A-1 Original Collateral Lots 4, 5, and 6, Block 10A/740, of Swiss Avenue Limited, an Addition to the City of Dallas, Dallas County,

Living Swiss, LLC Ninth Amendment to Deed of Trust — Page 4 EXHIBIT A-1 Original Collateral Lots 4, 5, and 6, Block 10A/740, of Swiss Avenue Limited, an Addition to the City of Dallas, Dallas County, Texas, according to Map/Plat thereof recorded in Instrument No. 201800076105, Map Records of Aallas County, Texas.

LOTS 9A AND oe BLOCK 192/3251, situated in the George L. Leonard Survey, Abstra Cliff, Dallas County, Texas, according to the map thereof recorded in n Volu 8 Records, Dallas County, Texas, and being Tract II of the land conveyed to GRB Warranty Deed, recorded in Instrument No. 201700086031, Official Publie Special BEGINNING at a 3-1/4 inch metallic disk stamped "PP & RPLS 56 the westerly right-of-way line of Polk Street (60 foot right-of-way) ¥ inch iron rod set lying on e northerly right-of-way er of said Lot 10, Block Street, a distance of 90.16 feet to a 3-1/4 inch metalli rod set for the southeasterly corner of Lot 11, 4p , Map Records, Dallas County, Texas; revised map of 63 acres of Dalle of said Winnetka Heights Agty ingyen the southerly right-of-way line of a 20 foot alley and same being the northwesterly cori ock 192/3251 of said George J. Bryan's revised map of 63 acres of Dallas Land and Loa alee ininutes 13 seconds East, along the southerly right-of-way line of said 20 25-3, Block 10A/740, of Swiss Avenue Limited, an Addition to the City of Dallas, Dallas County, Texas, according to Map/Plat thereof recorded in Instrument No. 201800076105, Map Records of Dallas County, Texas.

Being Lot 7, Block 10A/740, of SWISS AVENUE LIMITED, an Addition to the City of Dallas,

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xas, according to Map/Plat thereof recorded in Instrument No. 201800076105, Map Records of Dallas County, Texas.

Being Lot 7, Block 10A/740, of SWISS AVENUE LIMITED, an Addition to the City of Dallas, Dallas County, Texas, according to the Map/Plat thereof recorded in Instrument No.

201800076105, Map Records, Dallas County, Texas.

Centre Living Swiss, LLC Ninth Amendment to Deed of Trust — Page 5 EXHIBIT A-1 Original Collateral (Continued) Being Lots 8 and 9, Block 10A/740, of SWISS AVENUE LIMITED, an Addition to the Dallas, Dallas County, Texas, according to the Map/Plat thereof recorded in Inst: 201800076105, Map Records, Dallas County, Texas.

of Being Lot 10, Block 10A/740, of SWISS AVENUE LIMITED, an Addition to Gig Dallas County, Texas, according to the Map/Plat thereof recorded astrapTe 201800076105, Map Records, Dallas County, Texas.

Being Lot 12, Block 10A/740, of SWISS AVENUE LIMITE, af Dallas County, Texas, according to the Map/Plat there 201800076105, Map Records, Dallas County, Texas.

Being Lot 11, Block 10A/740, of SWISS AVENUE L® Dallas County, Texas, according to the Map/Pt KED, an Addition to the City of Dallas, eof recorded in Instrument No.

Being Lot 19, Block 10A/740, of SWISS AVENS Dallas County, Texas, according to : at thereof recorded in Instrument No.

Centre Living Swiss, LLC Ninth Amendment to Deed of Trust — Page 6 EXHIBIT A-2 Additional Collateral Being Lot 20, Block 10A/740, of SWISS AVENUE LIMITED, an Addition to the Cit Dallas County, Texas, according to the Map/Plat thereof recorded in 201800076105, Map Records, Dallas County, Texas, Centre Living Swiss, LLC Ninth Amendment to Deed of Trust — Page 7 EXHIBIT “B” Other Exceptions to Conveyance and Warran Any and all of record in the Real Property Records of Dallas County, Texas.

as, Centre Living Swiss, LLC Ninth Amendment to Deed of Trust — Page 7 EXHIBIT “B” Other Exceptions to Conveyance and Warran Any and all of record in the Real Property Records of Dallas County, Texas.

d and Recorded icial Public Records John F. Warren, County Clerk Dallas County, TEXAS 06/07/2019 02:27:18 PM $54.00 201900147444 ge Centre Living Swiss, LLC Ninth Amendment to Deed of Trust — Page 8