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é + rE Sula aN o 77 P 26 How | a FIFTH AMENDMENT TO MASTER CONDOMINIUM DECLARATION FOR BLOCKS A&B MASTER CONDOMINIUM This FIFTH AMENDMENT TO MASTER CONDOMINIUM DECLARATION FOR BLOCKS A&B MASTER CONDOMINIUM (this "Amendment") is made as of 5 shu zZ , 2009 (the "Effective Date").
RECITALS: A. Victory Plaza Buildings, L.P., a Texas limited partnership, as Declaray Dallas County, Texas; that certain Third Amendment to Blocks A&B Master Condominium dated as of May Public Records of Dallas County, Texas and effective as of January 1, Texas; and that certain Fourth Amendme#to A&B Master Condominium dated as of ey recorded as Document No. 20080388945 of tite B. In accorda: and the Retail Unit O Mortgagees have approved this Amendment to the Master Declaration Secretary's Certificate on behalf of the consenting Owners and by the Cég ansetfting Mortgagee attached to this Amendment.
NOW THEREEO and in consideration of the premises and for other good and valuable consid€rgtton, tte résg#pt and sufficiency of which is hereby acknowledged, the Master Declaration is fo ded as follows: .10 of the Master Declaration is hereby amended to amend and restate ig entirety as follows: "Section 11.10 Estoppel Certificates. Each Owner, from time to time but no Ore’often than twice each calendar year, shall have the right to require the Master Association (as to all items listed below) and the other Owners (as to items (c), (d), (e) and (f) listed below) to deliver to the requesting Owner a written statement addressed to the requesting Owner and its Mortgagee or purchaser of its Unit, as applicable, without payment of any fee or cost certifying: (a) this Master Declaration is unmodified and in
n statement addressed to the requesting Owner and its Mortgagee or purchaser of its Unit, as applicable, without payment of any fee or cost certifying: (a) this Master Declaration is unmodified and in full force and effect (or if modified that this Master Declaration as so modified is in full force and effect); (b) this Master Declaration attached to the certificate is a true and FIFTH AMENDMENT TO MASTER CONDOMINIUM DECLARATION - Page 1 correct copy of this Master Declaration and all amendments hereto; (c) to the knowledge of the certifying party, the date through which all Assessments have been paid by all Owners; (d) to the knowledge of the certifying party, no Owner is in default of any of its obligations under this Master Declaration (or if the certifying party knows an Owner to be in default, specifying which Owner and defaults and the remaining cure period, if any); (e) the certifying party holds no existing liens against any Unit and (f) such other matters as are reasonably requested by the requesting Owner.”
faq S 2. Except as expressly modified herein, the Master Declaration remains u and in full force and effect. All terms used herein with initial capital letters and not othe defined shall have the meanings specified in the Master Declaration.
[The Remainder of this Page is Intentionally Left Blank] FIFTH AMENDMENT TO MASTER CONDOMINIUM DECLARATION -— Page 2 41890-6 6/29/2009 CERTIFICATE OF SECRETARY OF BLOCKS A&B MASTER CONDOMINIUM ASSOCIATION, INC.
I, Michael D. Craver, hereby certify that (i) I am the duly elected and qualified Secretar of Blocks A&B Master Condominium Association, Inc., a Texas nonprofit corporation/2 Condominium, the foregoing Fifth Amendment to Master Condominium Declaration fd
duly elected and qualified Secretar of Blocks A&B Master Condominium Association, Inc., a Texas nonprofit corporation/2 Condominium, the foregoing Fifth Amendment to Master Condominium Declaration fd A&B Master Condominium has been approved by the Office Unit Owner and the Owner.
IN WITNESS WHEREOF, I have executed this Certificate gs € 2009.
A A AX<S i [ <POEF ioe a Gecretityh—— CERTIFICATE OF SECRETARY -— Solo Page 41890-6 6/29/2009 Consent and Subordination Agreement This Consent and Subordination Agreement ("Agreement") is executed as of daly 2 , 2009 by Wells Fargo Bank, National Association, as Agent ("Agent") on behalf of the Lenders (hereinafter defined), and attached to the Fifth Amendment (as herein defined).
RECITALS: A. Agent is the holder and beneficiary of that certain Construction Deed of Trust, Sg Agreement and Fixture Filing dated as of August 1, 2005, executed and delivered by Victor} Buildings, L.P., a Texas limited partnership ("VPB"), covering, among other property, ine e personal property located in Dallas County, Texas more particularly described therein (phe recorded on August 5, 2005 at Volume 2005152, mee 258, Real Property Records g urity and payable to the order of Agent (the "Note") and (il) ‘that certain Consty VPB, Agent and the lenders identified therein ("Lenders") dated as Agreement").
certain Promissory Note in the original princi executed by VPB and ae to the order o 2008, recorded on September 2, 2 Texas (the "Second Modifica UC. The Re wd the Office Unit Owner have approved the above and er Cpndominium Declaration for Blocks A&B Master Condominium (the "Fifth Amendmgn wmends that certain Master Condominium Declaration for Blocks A&B
wd the Office Unit Owner have approved the above and er Cpndominium Declaration for Blocks A&B Master Condominium (the "Fifth Amendmgn wmends that certain Master Condominium Declaration for Blocks A&B Master Condomisfiup, datéd asxofPJune 21, 2006, recorded as Document No. 200600226701 of the ah Dallas‘County, Texas, as amended by that certain First Amendment to Master oh Condeminiog Weck f 9420070460530 of the Official Public Records of Dallas County, Texas; that Ment to Master Condominium Declaration for Blocks A&B Master Condominium , 2008, recorded as Document No. 20080117852 of the Official Public Records of ial Public Records of Dallas County, Texas and all future amendments thereto (the "Declaration") affecting the Property.
CONSENT AND SUBORDINATION AGREEMENT - Page 1 D. At the request of the Retail Unit Owner and the Office Unit Owner, Agent desires to consent to the execution and recording of the Fifth Amendment and to subordinate the liens, security interests and rights under the Deed of Trust, Second Deed of Trust and the Loan Documents to the terms and conditions of the Declaration, as set forth herein.
AGREEMENT: Now, therefore, in consideration of the premises hereof and for $10.00 and other good a valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Agent agré€s a follows: amendments, modifications and extensions thereof made in accordance the Declaration.
on This Agreement (i) shall not be construed or operate interests or rights of the Deed of Trust, Second Deed of Trust or of the and other Loan Documents are valid and subsisting, subjec Ne
rights of the Deed of Trust, Second Deed of Trust or of the and other Loan Documents are valid and subsisting, subjec Ne and (ii) shall not amend or modify the terms and conditions ofthe Deed of Trust, Second Deed of Trust or other Loan Documents except as specifically set forth hergar 3. Notwithstanding anything Le7 repayment in full of the Secured Obligations to or destruction of the Property by fire or othe p Deed of Trust shall control over any cont e Declaration, including without limitation, Sections 8.1, 8.2, 8.3 or 8.4 of the D, xdepas prohibited by the Act (as defined in the Declaration).
EXECUTED to be forth in the preamble hereto.
WELLS FARGO BANK, NATIONAL ASSOCIATION, as Agent we CONSENT AND SUBORDINATION AGREEMENT - Page 2 STATE OF TEXAS § § COUNTY OF DALLAS § TK Houard , Before me, the undersigned authority, on this day personally appeared : ; Ss. Vice President of Wells Fargo Bank, National Association, known e@p—preved—te—me—by, to be the person whose name is subscribed to the foregoing instrument RR acknowledged to me that such person executed the same for the purposes and consideration thered expressed and in the capacity therein stated.
Given under my hand and seal of office this St veut NATALIE M. BLANKENSHIP P § NOTARY PUBLIC # STATE OF TEXAS 7 My Comm. Exp. 08-16-2009 & Warren, County Clerk County. TEXAS (07/06/2009 10:11:16 AM $36 00 200900189687 CONSENT AND SUBORDINATION AGREEMENT -— Page 3 41290-6 6/29/2009