- O,- DILTIER loam IStT- ee ee ee THIRD AMENDMENT TO INDENTURE OF LEASE - SHORT FORM 390 DEED day of Aueusr-. 1980, by and between Stonegate Company, Ltd., a Texas Limited Partnership, acting by and through its duly authorized General Partners: J. B. McEntire, Jr., Mary Tom McEntire Knight, and the Mary Tom McEntire Knight Trust, acting by and through its duly authorized trustees, J. B. McEntire, Jr., Trustee, Robert W. Phelps, Trustee, and Dr. Ray Harrington, Truster, Mary Tom McEntire Knight, ower of a life estate, joined by her remaindermen: Mary Shelton Simpson, Sara Knight Trotter, Joh’ McEntire Knight; J. B. McEntire, Jr., and wife, Mary Lyn owners of a life estate, joined by their remaindermen; McEntire Vogt, John B. McEntire III, Sawnie Ald Mary Batts McEntire, as their interests may appe dllectively, "Landlord"); and Montfort Joint Venture, . Texas Venture composed of Van C. Eliis, Trustee, and/or igns, Jack 0.
Woodworth, Jr., W. Christopher Prose Ligamson ("Tenant") .
/ Sd x WHEREAS, Landlord 6 denture of Lease, dated June 5, 1979, for oximately 19.756 acres of land located general lv City of Addisé6n, Dallas County, Texas (the "Lease") reference to which Lease is hereby made for all Purposes; and WHEREAS, Latdlord and Tenant desire to alter and amend certain of the terms and provisions of the Lease.
NOW, THEREFORE, know all men by these presents, that Landlord, acting by and through its duly authorized Manager ani attorney-in-fact, J.q. McEntire, Jr. (Pursuant to Section 30 of the Lease), and Tenant, acting by and through its duly aurhorized Managing Venturer, W, Christopher Price, do hereby agree t« wOL FACE 81172 a9og . Q > % ces a amend the Lease as follows:
tion 30 of the Lease), and Tenant, acting by and through its duly aurhorized Managing Venturer, W, Christopher Price, do hereby agree t« wOL FACE 81172 a9og . Q > % ces a amend the Lease as follows: 1. Seetion 1 of the Lease is hereby amended by the substitution of Exhibit A-1 for Exhibit A which substituticn reflects an amended legal description of the Demised Premisu:: and a reduction in the total number of acres covered by the Lease from 19.756 acres to 13.656 acres.
2. Section 3 of the Lease is hereby amended by amending, subparagraph (a) in its entirety to be as follows: “Tenant covenants and agrees to pay Landlord for the Demised Premises, without offset or deduction and without previous demand therefore annually, in advance e & y such annual installments as making this Lease a year to pene tenancy; Tenant agreeing to lease th Demised Premises for the balance of the term he (almost 58 , the parties ap , the basic rental has been pa 12, 1981. All basic rent per ann Landlord in equal annual installm rent commencement date, that bein thereafter on each succeeding anni after, and shall be payable of the Landlord first above s place of which Landlord sha notice at least thirty (30) 3. Section 4 of the Léa addition of subsection 4(e (e) "Ifa Tenant's inte otherwise), ,dr ‘4 Landlord pyixeze on the 1978, and ate thereor residence orth or at such other given Tenant written advance," lortgapee shall acquire lease (by foreclosure or ex into a new lease with pection 21 hereof, such Mortgagee shall theraa pay’the percentage rent provided in this Sed to be paid to Landlord provided that; amount of deduction for Debt Service applicag such Mortgagee shall be equal to the amount h Tenant would have been entitled had Teng ued to timely make regular debt service
to Landlord provided that; amount of deduction for Debt Service applicag such Mortgagee shall be equal to the amount h Tenant would have been entitled had Teng ued to timely make regular debt service on the Actual Permanent Loan trom such Sortga.ce @ Actual Permanent Loan ig not by its terms to be fully amortized in fevel monthi {nstallprincipal and interest payable over the tern -@., Lf the final installment due thereunder Sreinafter the "Final Principal Installment") is a “balloon installment, then the Debt Service deduction: allowable to the leasehold Mortgagee in respect of the Final Principal Installment shall be computed on a monthly basis using the loan constant required to amortize the Final Principal Installmont over a period of thirty (30) years at the interest rate applicable to the Actual Permanent Loan; (ii) an assignment pursuant to Section 12 hereof by a leasehold Mortgagee of the Tenant's interest under this or a new lease with Landlord, which assignment is either made subject to the unpaid principal balance of an Actual Permanent Loan or is made in connection with a mortgage loan (from said leasehold Mortgagee or from an unrelated lending source) shall be acceptable without Landlord's consent VUL bFAGL 81172 1906 provided that any such mortgage loan shall not exceed the mectasue amount limitations set forth in Section 21 hereof and shall bear a then competitive interest rate; and (iii) in any calculation of Finance Proceeds resulting from an assignment by said leasehulc Mortgagee in accordance with (if) above there sha be gaolided therefrom such amounts as said Mortzazee hax expended for capital improvements to the Demiged Premises, with the determination as to whether a articular expenditure is for a gapetet improvement to
ded therefrom such amounts as said Mortzazee hax expended for capital improvements to the Demiged Premises, with the determination as to whether a articular expenditure is for a gapetet improvement to te made in accordance with generally accepted account.-1.
principles consistently applied."
4. The last sentence of Section 18(c)(3) is deleted.
5. Section 20 is hereby amended in its entirety to read as follows: “Section 20. Sublease. If for any reason thi Lease and the leasehold estate of Tenant hereunder is terminated by Landlord by summary proceedings each sublease shall continue for thé duéa respective term and any extensions{therec beyond the initial term of this Lease consented to in writing by Land Be between Landlord hereunder ard the subtessee thereunder, with the same force and effect\aX if Landlord hereunder had originally entered into ete Ss thereunder (subject, howeve any, of the holder of Landlord not being liab defaults of Tenant), pre shall be bound by t which are expreg}1 Any such subi eé any action to recover any other any prior right, if d Mortgage, but with previous acts or owever, that Landlor«i 0 only to those sublease: gn 2 ot be named or joined in B by Landlord under this Lease of the Demised Premises or for andlord shall, upon request, and deliver, all without liability rein expressed, such agreements agreeing to the foregoing as each subles.:c:by the Second Amendment to Indenture of Lease einatated to the Lease to provide as follows: bee e (4) Landlord shall not warrant possession of the ised Premises to Tenant under the new lease; (5) Such new lease shall be expressly made subject is the rights, if any, of Tenant under the terminated ease; (6) The Tenant under such new Lease shall have
ed Premises to Tenant under the new lease; (5) Such new lease shall be expressly made subject is the rights, if any, of Tenant under the terminated ease; (6) The Tenant under such new Lease shall have the same right, title and interest in and unto the buildings and improvements on the Demised Premises as Tenant had under the terminated lease; (7) Debt Service under the New Lease shall be deemed the same as the Debt Service being received by the Mortgagee immediately prior to the date on which Mortgagee acquired Tenant's interest in this Lease pursuant to foreclosure or otherwise; subject to Section 4(e) hereof, ’ r Mee 1) Orme.
to Landlord's rights hereunk: .
y e ® 7. Section 21(m) of the Lease is hereby amended in its entirety to provide as follows: “Any Mortgagee shall, without charge, no more than ence every twelve (12) month period, within ten (10) days after written request of the Landlord, certify by written instrument duly executed and acknowledged to Landlord or any other person, firm, or corporation apecified in such request: (1) As to whether its mortgage has been supplemer.: ct or amended, and if so, the substance and manner of suc supplement or amendment; (2) As to the existence, to the best of its knowlei;. .
of any default thereunder; and (3) That the condition set forth in paragraphs (a) throught (1) immediately preceding are in full force and effect and Mortgagee has taken its mortgage subject thereto and to the other terms and conditions of this Lease".
8. Section 21 of the Lease is hereby amended b addition of subsection (n) to provide as follows: “(n) Nothing herein contained shall re Leasehold Mortgagee [s] or its nomin s any default of Tenant referred to th 9. The last sentence of Section 2§(d) is\ Hereby amended to read as follows:
follows: “(n) Nothing herein contained shall re Leasehold Mortgagee [s] or its nomin s any default of Tenant referred to th 9. The last sentence of Section 2§(d) is\ Hereby amended to read as follows: “Landlord shall not conve operation of law, without the Tenant which consent shall provided, however, no eons transfers among person or their respective fau be fee, other than by sx written consent of e Wareasonably withheld.
{ be required for anything to the elsewhere in this condition and cluding but mitted Mortehee nm Section 26 or each and every term, covenant, 5 of Section 26 and, specifically, inpited to, any ''New Lease" to which a pernay be entitled to pursuant to Section 21(f) any such permitted Mortgagee or its desi snes Bll in any other way take possession of the i1-STs rxeinisee’, any such tenancy, and every other term of ease being hereby made specifically subject to the “ SNohs“of this Section 29) Lf Tenant, its successors VERS, OF any successor in interest of Tenant, shall b pagee or a successor, assignee or designee of such papce or any individual, joint venture, tenancy in common, eos axe or non-corporate firm or partnership, general or limited, or any other type of legal entity recomnised in the State of Texas, it is s ecifically understood and agreed that there shall be abaolutely no personal liahili:on the part of any of the foregoing parties or entities with respect to any of the terms, covenants and conditions of this Lease, and Landlord shall look solely to Tenant's interes in this Lease and the improvements thereon or such other parties or entities to secure the performance of any of thi terms, covenants and conditions of this Lease to be performed by Tenant, such exculpation of personal liability to be
thereon or such other parties or entities to secure the performance of any of thi terms, covenants and conditions of this Lease to be performed by Tenant, such exculpation of personal liability to be absolute and without any exceprion whatsoever; provided, however, to the extent Tenant receives insurance proceeds VoL oe COUNTY CLERK'S MEMO ro. Sin Poot 3 OF VS 1 ET LOT NI pye Ris . OJUCIOLE 17 1958 WHEN RECORDED te ae.
a with respect to any casualty damage and does not can ya replace or rebuild when required to do so or insteds, far, eS terminates this Lease, Tenant shall be liable here for all auch proceeds “actually received PY Tenant and not applied to any applicable mortgage."
11. Section 34 of the Lease is hereby amended in its entirety te provide as follows: "Section 34 Force faleure. In the event that Landlord or Tenant sha @ delayed in or prevented from the performance of any act required hereunder by either such party by reason of the act, failure to act or default of the other party, or war, acts of God or other reason beyond such party's control, then performance of such act shall be excused for the period of the delay and the period for the performance of any act shall be extended for t period equivalent to the period of such delay, provide a Se ene shall rent abate except as expressly pré erein.
12. Except as ctherwise expressly stated terms and provisions of the Lease dated Dece as amended by a First Amendment to Indenture dated July 7, 1978, as amended by a S$ a \Ad Indenture of Lease dated June 5, 19 al unchanged and in full force and eff s 13, This Third Amendment to In £ Lease Short Form is filed solely to ce o rd notice of the Third Amendment to Inde e of Lease which contains in addition to the e remaining terms
full force and eff s 13, This Third Amendment to In £ Lease Short Form is filed solely to ce o rd notice of the Third Amendment to Inde e of Lease which contains in addition to the e remaining terms of the Indenture including mited to rental, financing, and refinan remain in full force an ns, all of which IN WITNESS WHEREOF, 6s hereto have executed this Third Amendment on ear first above written.
LANDLORD : TENANT : MONTFORT JOINT VENTURE W. Christopher' Price ger and Attorney-in-Fact Its: Managing Venturer YUL AS tu 81192 1959 =5JOINT VENTURE ACKNOWLEDGMENT THE STATE OF TEXAS ‘ COUNTY OF DALLAS § BEFORE ME, a Borery Public in and for said county, personally appeared W. CHRISTOPHER PRICE, known to me. to be the person who as Managing Venturer of MONTFORT JOINT VENTURE, which Managing Venturer executed the Zoneso'ns instrument, signed the same and acknowledged to me that he did so sign said instrument in the name of and upon behalf of said joint venture as such Managing Venturer; that the same is his free act and deed of said joint venture; that he was duly authorized thereunto by its joint venturers.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed my official seal at Dallas, Texas, this U3 day of Avgnt—, 1980.
Sy WILLIAM @, MOIZE, Notary :) Public in and tor Src Pallas County, Texeg # W lo.
My Commission Expires: rf/ail rd otary Public Dallas > (S) ACKNOWLEDG!
THE STATE OF TEXAS ‘ COUNTY OF DALLAS § © BEFORE ME ,,a personally appeared person who as Manage Manager and Atto signed the same at lic in and for said county, , JR., known to me to be the ey-in-Fact of LANDLORD, which executed the foregoing instrument, dged to me that he did so sign ame of and upon behalf of said Landlord
same at lic in and for said county, , JR., known to me to be the ey-in-Fact of LANDLORD, which executed the foregoing instrument, dged to me that he did so sign ame of and upon behalf of said Landlord as such Manage ney-in-Fact; that the same jis his free act and deed héndlord; that he was duly authorized thereunto by stituents.
TIMONY WHEREOF, I have hereunto subscribed oo seal at Dallas, Texas, this tary Public and for allas County, TEXAS My Commission Expires: a pk-f!
-6=-: uVis FFIQAFGKZ TSGT R21 “IO A yA 7 , rae STATE OF TEXAS 14 . J 121 OSte | COUNTY OP DALLAS 1 OWNER'S CERTIFICATE ; Block 1, Lot A&B WHEREAS, Mary Tom McEntire Kni r of a life estate and joined by her remaindermen; Mary Shelton Simpson, Sara Knight Trotter, John. ht ("McEntire"), ts collectively the fee owner of a tract of = land described below and which land is s an Indenture of Lease dated December 29, 1977, on a short form of which is recorded at Volume 78017, p @ Deed Records Dallas County, Texas, wherein the aforesaid fee owner, as Landlord, designated'J.B. Mc, t., a8 Manager and Attorney-in-Pact to do all things necessary under the aforesaid Lease: and : WHEREAS, Montfort Joint Venture is the ry the aforesaid Lease, owns the leasehold interest under said Lease, and acts herein by and: through W. C stephef Price, its' Managing Venturer; and WHEREAS, the above parties are together th of a tract of land situated in the Allen Bledsoe Survey, Abstract No. 157, City of Addison, Dallas County, 4 d being more particularly described as Follows: BEGINNING at the intersection of the South lin Line Road (a 100' R.O.W.), with a cut-back line from said Belt Line Road Sotith line to the Northeast M fort Road (a 50' R.O.W.), an iron stake for corner;
GINNING at the intersection of the South lin Line Road (a 100' R.O.W.), with a cut-back line from said Belt Line Road Sotith line to the Northeast M fort Road (a 50' R.O.W.), an iron stake for corner; THENCE, N. 89°49'50"°E, along said Belt Line Road , a distance of 425.98 feet to an iron stake for corner; .
THENCE, S. 0°10'10"E, leaving said Belt Line Road So line a-digtance of 283.08 feet to an iron stake for corner; THENCE, S. 48°06'W, a distance of 157.38 feet to a point o stake for corner; : THENCE, N. 41°54'W, along said Montfort Road Northeast line cut-back line between Montfort Road and Belt Line Road, an iron stake THENCE, N. 28°44'55"E, along said cut-back line between Montfort feet to the PLACE OF BEGINNING and.containing 2.433 Acres of Land.
€ JO g OBed Vu FFAEQRE e96l SATIN VA qa9V 4 VOL > PAGE 79121 0582 wd ‘Block 1, Lot C Bowner of a life estate and joined by her remaindermen; Mary Shelton ‘Simpson, cEntire") is collectively the fee owner of a tract of land described below gase dated December 29, 1977, on a. short form of which is recorded at i Texas, wherein the aforesaid fee owner, as Landlord, designated J. B. @ McEntire, or. as Manager and Aeeornaj-in Fag é-do\all. things necessary under the aforesaid Lease; and 6 AepantSudser the aforesaid Lease, owns the leasehold interest under said Price, its Managing Venturer; and ' er” of a tract of land situated in Allen Bledsoe Survey, Abstract g more particularly described as follows: Rfprt Road, a 50° R.O.W., said point being the most Southerly corof\KXddison, Texas, an iron stake for corner; at Ho. 1, the following: ake for corner; STATE OF ‘TEXAS 1° counTY OP DALLAS 1 Lease, and acts herein by and through W. Chri4 WHEREAS, the above parties are together * No. 157, City of Addison, Dallas County, Texas,
ollowing: ake for corner; STATE OF ‘TEXAS 1° counTY OP DALLAS 1 Lease, and acts herein by and through W. Chri4 WHEREAS, the above parties are together * No. 157, City of Addison, Dallas County, Texas, BEGINNING at a point on the Northeast line of THENCE, along the property line of said Oaks Né N. 0°10'10"W, a distance of 12.48 feet to an i THENCE, N. 89°49'SO"E, leaving said Oaks North -- Wes the West line of proposed Montfort Drive, an 80" R.O.W., a THENCE, along the said proposed Montiort Drive West lin ing: Around a curve to the right, having a central angle“of 2 a radius of 460.00 — and a back tangent a e to the left, having a central angle. of bearing S. 5°57'W, an arc distance of-190.63 feet to the beginning 23°26'42" and a radius of 540.00 feet, an iron stake for corner; Around said curve, a distance of 220.96 feet to the end Road, an iron stake for corner; THENCE, along the said Montfort Road Northeast line, the followings N. 23°24'W, a distance of 119.06 ‘feet to an angle point in sai N. 41°54°W, a distance of 207.17 feet to the PLACE OF BEGINNING“: rve on the said Northeast line of Montfort © \ iron stake for corner; maining 1.29 Acres of Land.
73121 0557 STATE OF TEXAS I COUNTY OF DALLAS I OWNER'S CERTIFICATE + 79121 0558 Block 2, Lat. D 4.
WHEREAS, Mary Ton NeEntire Knight, as owner of a life estate and joined by her remaindermen: Mary Shelton simpson, Sara Knight: Trotter, John McEntire Knight, ("McEntire"), is collectively the fee owner of a tract of land described below and which land is subject to an Indanture of Lease dated December 29, 1977, on a short form of which is recorded at Volume 78017, Page 427 Deed Records: Dallas County, Texas, wherein the aforesaid fes owner
ich land is subject to an Indanture of Lease dated December 29, 1977, on a short form of which is recorded at Volume 78017, Page 427 Deed Records: Dallas County, Texas, wherein the aforesaid fes owner as landlord, designated J. D. Makntire, Jr., as Manager and Attorney-in-Fact to do all things necessary under the | aforesaid Lease: and waid Lease, and acts herein by and through W. Christopher Price, its' Managing Venturer, and : WHEREAS, Montfort Joint Venture is the Tenant under the aforesaid Lease, owns the leasehold interest under WHEREAS, the above parties are together the "Owner" of a tract of land situated in the Allen Bledsoe Survey.
Abstract No. 157, City of Addison, Dallas County, Texas, and being more particularly described as follows: COMMENCING at the intersection of the South Property line of Belt Line Road, (a 100 R.O..), and the East Property line of Proposed Montfort Drive (an 80' R.O.W.), an iron stake for corners.
THENCE, Southerly, along the Easterly Property line of said Proposed Montfort Drive, the following Around a curve to the Left having a central angle of 12°48'08", and a Radius of 460.0 fastra distance of 102.78 feat to the beginning of curve to the Right, having a central angle of 28°22'34","and a radius of 540.0 fest, an iron stake for corner, Around said curve to the Right, a distance of 267.44 feet to the PLACE OF BEGINNING of the herain described tract of land, anjiron stake for corner 1 " THENCE, N. 89°49'50"E, Leaving said Easterly Property line of Proposed Montfort Drive, a distance of 604.08 feet to an iron stake for corneri::: THENCE, S. 00°10'10"E, a distance of 298.55 feet to an iron stake for corners THENCE, S. 75°13'25", a distance of 12.84 fest to an fron stake for corner:
of 604.08 feet to an iron stake for corneri::: THENCE, S. 00°10'10"E, a distance of 298.55 feet to an iron stake for corners THENCE, S. 75°13'25", a distance of 12.84 fest to an fron stake for corner: THENCE, S. 00°10'10"E, a distance of 116.56 feet to a point along the Westerly Property line of Oaks worth Addition, an addition to the City of Addison, Dallas County, Texa an iron stake for corners THENCE, S. 47°39'12"W, a distance of 335.0 feet to an iron stake for corner: 1.
THENCE, S. 66°36"W, a distance of 347.66 feet to a point along the Easterly Property line of Montfort Drive, (a 65' R.O.W. at this point), an iron stake for corner, THENCE, Along the Easterly Property line of said Montfort Drive, and Said Proposed Montfort Drive, the following: N. 23°24"N, a distance of 288.47 fest to the beginning of a curve to the Right having a Central angle of 51°50'50" and a radius of 460.0 feet, an iron stake for corners Around said curve a distance of 416.26. feet to the beginning of a curve to the Left having a Central angle of 12°48'08" and a radius of 460.0 feet, Around said curve a distance of 102.78 feet to the PLACE BEGINNING and containing 9.94 acres of VUL FAGE 81172 1963 Page 3 of 3 Exhibit "A" | land.
५.६.० FILED COLIN CLERK Murdoch ALNOJ B1 ירו *81 SEP 2 PM PM 12:45 アル SUITE 10 1003 از DALLAS, AS 73200 Unofficial Copy VUL 81172 1964 L as tamoad hermes by SEP 3 1951 LE Mardoch COUNTY CLERK, Delles County, T :