Doc# 20200052958 03/11/2020 1:04PM Page 1 of 5 Lucy Adame-Clark, Bexar County Clerk AMENDMENT TO COLLATERAL TRANSFER OF NOTES AND LIENS This Amendment to Collateral Transfer of Notes and Liens (the “Amendment”’) is made by DJ Jordan Funding, LLC, a Texas limited liability company (the “Borrower”) and The Bank of San Antonio (the “Lender’).
RECITALS A. Borrower and Lender have entered into a Collateral Transfer of Notes and Liens (the “Collateral Transfer’) dated December 10, 2019.
B. This Amendment is incorporated into and shall be deemed to amend and supplement the Collateral Transfer.
C. The Collateral Transfer, together with this Amendment and all other amendments are collectively referred to in this Amendment as the “Amended Agreement.”
NOW, THEREFORE, for and in consideration of the foregoing, the benefits to be derived by the parties and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Recitals Incorporated. The foregoing Recitals are incorporated herein for all purposes.
2. Additional Collateral Notes. The Promissory Note described in Exhibit “A” attached hereto and fully incorporated herein is a Collateral Note and a portion of the Collateral securing repayment of the Primary Debt.
3. Additional Deeds of Trust. The Deed of Trust described in Exhibit “A” attached hereto and fully incorporated herein is a Collateral Security Document and secures repayment of the Collateral Notes.
4. Additional Property. The Property includes the real property described in Exhibit “A” attached hereto and fully incorporated herein.
5, Transfer and Assignment. Subject to the terms of the Collateral Transfer and this Amendment, Borrower transfers, assigns, conveys, and pledges to Lender, and
d hereto and fully incorporated herein.
5, Transfer and Assignment. Subject to the terms of the Collateral Transfer and this Amendment, Borrower transfers, assigns, conveys, and pledges to Lender, and grants Lender a security interest in, the Collateral, including the Collateral Note and Collateral Security Document described in Exhibit “A” to this Amendment, in order to secure the Primary Debt and all other Indebtedness. Upon full and indefeasible payment of the Primary Debt and such other Indebtedness the security interest herein granted shall, at Borrower's request and expense, be released and the Collateral (or so much thereof that shall remain) shall, at the expense of Borrower, be re-transferred, without warranty or recourse, to Borrower by Lender.
6. Terms Not Otherwise Changed. The Borrower further agrees that all terms and provisions of the Collateral Transfer, of any prior amendments, modifications or extensions thereof, and all of the other Loan Documents evidencing, creating, or securing the Primary Debt and other Indebtedness shall be and remain in full force and effect as therein written, except as otherwise expressly provided herein.
L & B 10205/0353/L1699621.DOCX/ -1- 2019 Amd to Collateral Transfer Doc# 20200052958 03/11/2020 1:04PM Page 2 of 5 Lucy Adame-Clark, Bexar County Clerk 7. Default. Any breach or default under this Amendment shall be deemed a breach or default or event of default by Borrower under the Note and the other Loan Documents.
8. Expenses. Borrower agrees to pay all expenses and costs of Lender in connection with this Amendment transaction (including Lender’s attorney’s fees), unless prohibited by jaw.
Q. Other Documents. Borrower agrees to execute or cause to be executed by any
ts of Lender in connection with this Amendment transaction (including Lender’s attorney’s fees), unless prohibited by jaw.
Q. Other Documents. Borrower agrees to execute or cause to be executed by any guarantor, surety, or collateral provider or Collateral Note Maker, any other documents, instruments, or agreements as reasonably requested by Lender to further evidence or secure this Amendment transaction.
10. Waiver of Jury Trial TO THE EXTENT PERMITTED BY APPLICABLE LAW, EACH OF BORROWER AND LENDER BY EXECUTION HEREOF AND LENDER BY ACCEPTANCE HEREOF, KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT EACH MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION BASED ON, OR ARISING OUT OF, UNDER OR IN CONNECTION WITH THE PRIMARY DEBT, THE COLLATERAL NOTE, THIS AMENDMENT, THE COLLATERAL TRANSFER OF NOTES AND LIENS, AND THE OTHER LOAN DOCUMENTS OR ANY AGREEMENT CONTEMPLATED TO BE EXECUTED IN CONNECTION WITH THE FOREGOING, OR ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENTS (WHETHER VERBAL OR WRITTEN) OR ACTIONS OF ANY PARTY WITH RESPECT HERETO. THIS PROVISION IS A MATERIAL INDUCEMENT TO LENDER TO ACCEPT THE PRIMARY DEBT.
THIS WRITTEN LOAN AGREEMENT REPRESENTS THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES.
THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES.
[Remainder of Page Intentionally Left Blank] L & B 10205/0353/L1699621.DOCX/ -2- 2019 Amd to Collateral Transfer Loan No. 517852 Doc# 20200052958 03/11/2020 1:04PM Page 3 of 5 Lucy Adame-Clark, Bexar County Clerk BORROWER: LENDER: DJ Jordan Funding, LLC, a Texas THE BANK OF SAN ANTONIO limited liability company /
Lucy Adame-Clark, Bexar County Clerk BORROWER: LENDER: DJ Jordan Funding, LLC, a Texas THE BANK OF SAN ANTONIO limited liability company / THE STATE OF TEXAS § § COUNTY OF_EL PASO § This instrument was acknowledged before me on the 7 day of January , 2020 by Jeffrey Katz, Manager of DJ Jordan Funding, LLC, a Texas limited liability company, on behalf of said limited liability company.
ae, MONICA NOEMI GONZALEZ Oe" hae Notary Public, State of Texas re 14, Al oh PN Jes Comm, Expirss 11-01-2020 ff AROS” Notary 10 126698634 THE STATE OF TEXAS § § COUNTY OF BEXAR § Sent ar , 2020, by Jordan Booth, Vice President of The Bank of San Antonio, a Texas state bak. on behalf of said bank.
He, TATIANA ESTRADA Soe ee Notary Public, State of Texas , ; igs Comm. Expires 06-20-2020 i e328 — Notary 1D 129028201 SZTTIT 1 ern LA Fe CoO Zp ad ~ Notary Public, State of Texas © iy aeity St 7, Bt x After recording, please return to: The Bank of San Antonio 1900 NW Loop 410 San Antonio, Texas 78213 Attention: Collateral Department L & B 10205/0353/L1699621.DOCX/ -3- 2019 Amd to Collateral Transfer Loan No, 517852 Doc# 20200052958 03/11/2020 1:04PM Page 4 of 5 Lucy Adame-Clark, Bexar County Clerk EXHIBIT "A" [Collateral Notes] A Promissory Note dated_December 27, 2019 in the original principal amount of $ 150,000.00 executed by EMILIO ANTONIO ALCAZAR V and payable to the order of Borrower which is secured by a Deed of Trust recorded under Volume , Page , et seq., of the Real Property Records of BEXAR County, Texas covering the following described real property (the “Property”):
orrower which is secured by a Deed of Trust recorded under Volume , Page , et seq., of the Real Property Records of BEXAR County, Texas covering the following described real property (the “Property”): Lot 27, Block 3, CARACOL CREEK SUBDIVISION, UNIT 1, Bexar County, Texas, according to plat thereof recorded in Volume 9543, Page 85, Deed and Plat Records of Bexar County, Texas: L & B 10205/0353/L1699621.DOCX/ Exhibit A File Information eFILED IN THE OFFICIAL PUBLIC eRECORDS OF BEXAR COUNTY LUCY ADAME-CLARK, BEXAR COUNTY CLERK Document Number: 20200052958 Recorded Date: March 11, 2020 Recorded Time: 1:04 PM Total Pages: 5 Total Fees: $38.00 Any provision herein which restricts the sale or use of the described real property because of race is invalid and unenforceable under Federal law STATE OF TEXAS, COUNTY OF BEXAR | hereby Certify that this instrument was eFILED tn File Number Sequence on this date and at the time stamped hereon by me and was duly ERECORDED in the Official Public Record of Bexar County, Texas on: 3/11/2020 1:04 PM Lucy Adame-Clark Bexar County Clerk