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1900 Swiss Avenue Owners Association, Inc. · 8 pages
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ELECTRONICALLY RECORDED 201900149507 TX42340363-19 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.

TENTH AMENDMENT TO DEED OF TRUST THE STATE OF TEXAS § § Know All xy thee Prpbor COUNTY OF DALLAS § THIS TENTH AMENDMENT TO DEED OF T “Amendment”) dated effective as of June 5, 2019, is made and entere@Wqto by ween JBGL BUILDER FINANCE, LLC, a Texas limited liability compan neficiary”), and CENTRE LIVING SWISS, LLC, a Texas limited liability company (S@t dated as of April 17, 2018, recog¢dsd 0 if 1p, 2018, as Instrument No. 201800102101, Real MY Kekas, ahd as amended by that certain First Amended Deed oN 3, 2018, as Instrument No. 201800207622, Real Texas, Second Amended Deed of Trust, dated August 16, strument No. 201800230651, of the Real Estate Records of Property Records of Dalle 2018, recorded August 27¢ Dallas nig e. Texa ep Gerpepodee 1s, 2018, as Instrument No. 201800274211, of the Real Estate Sore Srded October 15, 2018, as Instrument No. 201800274330, of the Real as County, Texas, and as amenaed by that certain Fifth Amended Deed of ecords of Dallas County, Texas, and as amended by that certain Sixth Amended dated April 17, 2019, recorded April 18, 2019, as Instrument No. 201900097467, Amended 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.

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strument 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, and as amended by that certain Ninth Amended Deed of Trust, dated June 5, 2019, recorded June 7, 2019, as Instrument No.

201900147444, 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 Centre Living Swiss, LLC ‘Tenth Amendment to Deed of Trust — Page 1 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 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; Beneficiary fund Advances (as defined in the Loan Agreement (as defined in real property more particularly described on Exhibit A-2 (the “Additional Col WHEREAS, Beneficiary has agreed to make Advances for 4 subject to satisfaction of the conditions contained in the Loap-Be Collateral is deemed to be a Parcel under the Loan Documenté WHEREAS, Grantor and Beneficiary have agreed

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reed to make Advances for 4 subject to satisfaction of the conditions contained in the Loap-Be Collateral is deemed to be a Parcel under the Loan Documenté WHEREAS, Grantor and Beneficiary have agreed modifications to the Deed of Trust, so that the Loa: additiomg NOW, THEREFORE, in consideration consideration, the receipt and total sutticigye Beneficiary hereby agree as follows: the Amendments to in the following respects: hereby modified axtarhended¥o include this Amendment.

(b) modified and' eg to include the Additional Collateral.

Rend tc fon of “Property” contained in the Deed of Trust is hereby C ) e legal description of the Additional Collateral set forth on Exhibit A-2 etOMs hereby added as Exhibit A to the Deed of Trust so that it acts as collateral and is secured by the Deed of Trust.

(d) Exhibit B is hereby replaced in its entirety with the Exhibit B attached (e) Consistent with Section 29 of the Deed of Trust, advances for construction are made on Lot 21, 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, commonly known as 1120 Lavender Ridge (“Lot 21/740”), the City of Dallas, Dallas County, Texas. The advances for construction are in the following amounts: Centre Living Swiss, LLC Tenth Amendment to Deed of Trust — Page 2 Construction Loan Amount — 21/740: $374,306.00 with Interest Reserve 2 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.

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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 provisigns of this Amendment, each and every of the terms and provisions of the Deed of Trust are unc and continued in full force and effect and the lien and security interest created by the Dgé are valid and subsisting.

4, Parties Bound. This Amendment shall be binding upon the partfe respective successors and assigns.

5. Counterparts. This Amendment may be executed ‘parts’ by one or more of the undersigned and all such counterparts so execgitef shall Agpether be deemed and all parties hereto; and multiple signature pages affixed to a single copy of t executed original Amendment.

6. Authority. Each party heretg has tie Amendment. In addition, the individual execyi hereto is authorized to act for and on behalf ON g thority to execute and deliver this iv Amendment on behalf of each party y and to bind such party to the terms and provisions hereof.

year set forth above.

IN WITNESS WHEREOF, t ies ve executed this Amendment as of the day and BENEFICIARY: JBGL BUILDER FINANCE LLC, a Texas limited liability company GRANTOR: CENTRE LIVING SWISS, a Texas limited liability g Trevor Brickman, Manager Centre Living Swiss, LLC Tenth Amendment to Deed of Trust — Page 3 STATE OF TEXAS § § COUNTY OF COLLIN § ythy This instrument was acknowledged before me this 3 “day of wune, 19, liability company, on behalf of said limited liability company.

[} Zt Notary Public PAULA A REED ; Uj Notary ID # 12200085 Printed Name o My Commission Expires

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_ of IJBGL Builder Finance LLC, a T i d liability company, on behalf of said limited liability company.

[} Zt Notary Public PAULA A REED ; Uj Notary ID # 12200085 Printed Name o My Commission Expires January 20, 2020 aire Living Swiss , LLC, a Texas limited liability company, Uh 6 tA Af Notary Public Qula f. Dacel Printed Name of Notary STATE OF TEXAS COUNTY OF COLLIN This instrument 2 by Trevor Brickman, Mate on behalf of said limite.

PAULA A REED Notary 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 Tenth Amendment to Deed of Trust — Page 4 EXHIBIT A-1 Original Collateral Lots 4, 5, and 6, Block 104/740, 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 9B, BLOCK 192/3251, situated in the George L. Leonard Survey, Abstra City of Dallas, Dallas County, Texas and being all of Lots 9 and 10, Block 192/3251, G¢ revised map of 63 acres of Dallas Land and Loan Company Addition No. 3, an addition Cliff, Dallas County, Texas, according to the map thereof recorded in Volume Records, Dallas oes Texas, and a Tract I] of the land conveyed to GRB BEGINNING at a 3-1/4 inch metallic disk stamped "PP & RPLS 5696 inch iron rod set lying on the westerly right-of-way line of Polk Street (60 foot right-of-way) & i e northerly right-of-way Street, a distance of 90.16 feet to a 3-1/4 inch metalli apsd"PP & RPLS 5390" on a 1/2 inch iron rod set for the southeasterly corner of Lot 11, } Yinnetka Heights Addition, an Addition to

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ight-of-way Street, a distance of 90.16 feet to a 3-1/4 inch metalli apsd"PP & RPLS 5390" on a 1/2 inch iron rod set for the southeasterly corner of Lot 11, } Yinnetka Heights Addition, an Addition to the City of Dallas, Dallas County, Texas, accord Map Records, Dallas County, Texas; iny.@n the southerly right-of-way line of a 20 foot alley and same lock 192/3251 of said George J. Bryan's revised map of 63 acres inutes 13 seconds East, along the southerly right-of-way line of said 20 feet to a 3-1/4 inch metallic disk stamped "PP & RPLS 5390" on a 1/2 inch ~2-3, 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, Dallas County, Texas, according to the Map/Plat thereof recorded in Instrument No.

201800076105, Map Records, Dallas County, Texas.

Centre Living Swiss, LLC Tenth Amendment to Deed of Trust — Page 5 EXHIBIT A-1 Original Collateral (Continued) Dallas, Dallas County, Texas, according to the Map/Plat thereof recorded in Inst 201800076105, Map Records, Dallas County, Texas.

201800076105, Map Records, Dallas County, Texas.

tothe City of Dallas, in Instrument No.

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

Being Lot 11, Block 10A/740, of SWISS AVENUE LR Dallas County, Texas, according to the Ma D, an Addition to the City of Dallas, eof recorded in Instrument No.

TED, an Addition to the City of Dallas, at thereof recorded in Instrument No.

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of Dallas, eof recorded in Instrument No.

TED, an Addition to the City of Dallas, at thereof recorded in Instrument No.

é he Map /Plat thereat recorded in Instrument No.

Centre Living Swiss, LLC Tenth Amendment to Deed of Trust — Page 6 EXHIBIT A-2 Additional Collateral Being Lot 21, 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 Tenth 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.

File 00 ded Off c Records & arren, County Clerk bate ounty, TEXAS 6417/2019 09:41:44 AM .00 1900149507 ba we Centre Living Swiss, LLC Tenth Amendment to Deed of Trust — Page 8