Kimberly De La Garza, Esq.
PR ILM ugg, Dallas, TX 75243 AM 1/9 SEVENTH AMENDMENT TO DEED OF TRUST, ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEMENT AND FIXTURE FILING THIS SEVENTH AMENDMENT TO DEED OF TRUST, ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEMENT AND FIXTURE FILING “Amendment”) dated effective as of July 5, 2013, is made and entered into by and bet SOVEREIGN BANK (“Beneficiary”), and DON ROBERT DASEKE, an indivj BARBARA SUE DASEKE, an individual (collectively “Grantor’).
WITNESSETH: WHEREAS, as additional security for that certain loan from Bg (hereinafter defined) (the “Loan’’) Grantor has heretofore entered 4 3618 j in the Official stee for the benefit of rust, Assignment of Leases and Rents, Security Agreement and Fixture Figg ‘dated as of August 28, 2008, executed by and between Grantor and Beneficiary, recorded gn September 17, 2008, under Instrument Number 20080301377 in the Official Public Recgftd , amended by that certain Second aren e spy oN Security Agreement and Fixture Filing date 2008, under Instrument Number 20080394 icial Public Records of Dallas County, Texas, and as further amended by that gepta Amendment to Deed of Trust, Assignment er amended by that certain Fourth Amendment to Deed ens, Security Agreement and Fixture Filing dated as of ber 8, 2010, under Instrument Number 201000229885 in Revords of Dallas County of Trust, Assignment of endment to Deed of Trust, Assignment of Leases and Rents, Security ¢ Filing dated as of August 25, 2012, recorded on January 11, 2013, under P 201300010381 in the Official Public Records of Dallas County, Texas (as ‘Deed of Trust”) encumbering certain real estate more particularly described on dttgched hereto and made a part hereof to secure the repayment of the indebtedness
c Records of Dallas County, Texas (as ‘Deed of Trust”) encumbering certain real estate more particularly described on dttgched hereto and made a part hereof to secure the repayment of the indebtedness bY or arising under that certain Revolving Note dated as of December 30, 2005, in the stated principal amount of Three Million and No/100 Dollars ($3,000,000.00), made by Don R.
Daseke, an individual (“Borrower”) and payable to the order of Beneficiary, as modified and with such stated principal amount being increased to Five Million and No/100 Dollars ($5,000,000.00) pursuant to the terms of that certain Loan Modification Agreement dated as of August 30, 2007 (the “First Modification Agreement”), and as further modified and with such stated principal amount being increased to Ten Million and No/!00 Dollars ($10,000,000.00) pursuant to the terms of that certain Loan Modification Agreement dated as of August 28, 2008 (the “Second Modification Agreement”), and as further modified and with such stated principal amount being reduced to Nine Million Two Hundred Seven Thousand and No/100 Dollars ($9,207,000.00) pursuant to the terms of that certain Loan Modification Agreement dated as of December 1, 2008 (the “Third Modification Agreement”), and as further modified with such stated principal amount being further reduced to Eight Million Five Hundred Thousand and No/100 Dollars ($8,500,000.00) pursuant to the terms of that certain Loan Modification Agreement dated as of August 27, 2009 (the “Fourth Modification Agreement”) and as further modified with such stated principal amount being further reduced to Seven Million and No/}Q as of August 26, 2010 (the “Fifth Modification Agreement’), as further modified and¢
eement”) and as further modified with such stated principal amount being further reduced to Seven Million and No/}Q as of August 26, 2010 (the “Fifth Modification Agreement’), as further modified and¢ stated principal amount being further reduced to Five Million and No/]@6 modified, the “Note”); WHEREAS, Grantor desires to modify the No: to add certain other collateral security; and release*sertain“collateral security and WHEREAS, Grantor and Beneficia modifications to the Deed of Trust to reflec ake certain amendments and NOW, THEREFORE, in consid € premises and other good and valuable of “Guaranties” in Section 1.1 of the Deed of Trust is anties”: Collectively, those certain Guaranty Agreements dated as aber 30, 2005, executed by Guarantor for the benefit of Lender, as dified and re-affirmed by that certain Loan Modification Agreement dated as Mdigust 30, 2007 (the “First Modification Agreement”), and as further modified nd re-affirmed by that certain Loan Modification Agreement dated as of August 28, 2008 (the “Second Modification Agreement”), as further modified and re-affirmed by that certain Loan Modification Agreement dated as of December 1, 2008 (the “Third Modification Agreement”), as further modified and re-affirmed by that certain Loan Modification Agreement dated as of August 27, 2009 (the “Fourth Modification Agreement”), as further modified and re-affirmed by that certain Loan Modification Agreement dated as of August 26, 2010 (the “Fifth Modification Agreement”), as further modified and re-affirmed by that certain Loan Modification Agreement dated as of August 25, 2011 (the “Sixth -2Modification Agreement”), as further modified and re-affirmed by that certain Loan Modification Agreement dated as of August 25, 2012 (the “Seventh
greement dated as of August 25, 2011 (the “Sixth -2Modification Agreement”), as further modified and re-affirmed by that certain Loan Modification Agreement dated as of August 25, 2012 (the “Seventh Modification Agreement”), as further modified and re-affirmed by that certain Loan Modification Agreement dated as of July 5, 2013 (the “Eighth Modification Agreement”; the First Modification Agreement, the Second Modification Agreement, the Third Modification Agreement, the Fourth Modification Agreement, the Fifth Modification Agreement, the Sixth Modificapit Agreement, the Seventh Modification Agreement and the Eighth Modifica’ Agreement are collectively referred to as the “Modification Agreement”) so (b) The definition of “Loan Documents” in Section 1.1 of the Dgeé hereby modified and amended to read in its entirety as follows: “Loan Documents”: (a) that certain Revolving December 30, 2005, executed by Borrower, payable g the stated principal amount of Three Million and with such principal amount being increased to ($5,000,000.00) pursuant to the First Modificatids amount being further increased to“\Ten ($10,000,000.00) pursuant to the terms and such principal amount being reduce jne Million Two Hundred Seven Thousand and No/100 Dollars ($9,2 Modification Agreement and suc a Eight Million Five Hundred <(Reusand“gfid No/100 Dollars ($8,500,000.00) pursuant to the terms of the Modification Agreement and such principal Seven Million and No/100 Dollars ($7,000,000.00) such principal 4 Déed of Trust, Assignment of Leases and Rents, Security ixture Filing dated as of August 28, 2008, as further amended by econd Amendment to Deed of Trust, Assignment of Leases and urity Agreement and Fixture Filing dated as of December 1, 2008, as
Security ixture Filing dated as of August 28, 2008, as further amended by econd Amendment to Deed of Trust, Assignment of Leases and urity Agreement and Fixture Filing dated as of December 1, 2008, as as defined in the Third Modification Agreement) and as further amended by hat certain Third Amendment to Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing dated as of August 27, 2009, as further amended by that certain Fourth Amendment to Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing dated as of August 26, 2010, as further amended by that certain Fifth Amendment to Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing dated as of August 25, 2011, as further amended by that certain Sixth Amendment to Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing dated as of August 25, 2012, (c) the Guaranties, (d) that certain Revolving Loan Be Agreement dated as of December 30, 2005, executed by Beneficiary, Borrower and Guarantor, as modified by the Modification Agreement (as modified, the “Loan Agreement’), (e) that certain Partnership Interest Pledge and Security Agreement dated as of December 30, 2005, as modified by the Modification Agreement (as modified, the “Partnership Pledge Agreement”), (f) that certain Stock Security Agreement dated as of August 28, 2008, as modified by the (g) that certain Pledge, Assignment and Security Agreement (Collateral Note § Collateral Note Security) dated as of August 28, 2008, as modified Modification Agreement (as amended, the “SNS Note Pledge Agre which SNS Note Pledge Agreement was later released by Benefj
ral Note § Collateral Note Security) dated as of August 28, 2008, as modified Modification Agreement (as amended, the “SNS Note Pledge Agre which SNS Note Pledge Agreement was later released by Benefj certain Pledge, Assignment and Security Agreement (Colla' Collateral Note Security) dated as of September 26, 2012 Note Pledge Agreement”), which Smokey Point Note Pledg Agreement, (i) that certain Stock Security Agrg Group, Inc. pledging common stock in Daseke “TWG Stock Pledge Agreement”), (j) that ce July 5, 2013 (the “Borrower Stock Pledge Stock Pledge Agreement, the Partnershi p or any other person or entity, t any portion of the Indebtedrfess Obligations or othexwi Trust, and (l)Aa pérformance of all or any portion of the onnection with the Note or this Deed of restatements, extensions, renewals and Agreement 2. Continuing K/fe this Amendment, eac and continued in ful Trust are valid ape pt as expressly modified by the terms and provisions of Sthe terms and provisions of the Deed of Trust are unchanged parts. This Amendment may be executed in several counterparts by one undersigned and all such counterparts so executed shall together be deemed and One final Amendment, as if one document had been signed by all parties hereto; and each such counterpart shall be deemed an original, binding the parties subscribed hereto and multiple signature pages affixed to a single copy of this Amendment shall be deemed to be a fully executed original Amendment.
5. Authority. Each party hereto has the full legal authority to execute and deliver this Amendment. In addition, the individual who executes this Amendment on behalf of each -4party hereto is authorized to act for and on behalf of such party and to bind such party to the terms and provisions hereof.
addition, the individual who executes this Amendment on behalf of each -4party hereto is authorized to act for and on behalf of such party and to bind such party to the terms and provisions hereof.
[REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK] IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the day and year set forth above.
BENEFICIARY: SOVEREIGN BANK Derek Blount, President-North Dallas ASEKE STATE OF TEXAS § § COUNTY OF DALLAS § a of July, 2013, by Don Notagx Public waealee Gh oth wh tee BARBARA AVES . Notary Public, State of Texas ‘ is My Commission Expires rea This instrument was a Robert Daseke, an individual.
My Commission Expires: - ee Print Name —GaeiAen_ Notary ‘s March 12, 2016 jtrument was acknowledged before me this _§ day of July, 2013, by Barbara af individual. J , Vf Not. ublic A My Commission Expires: N'Bdeien AVS -/~-/6 Print Name of Notary STATE OF § § § a wee BARBARA AVES % Notary Public, State of Texas s = My Commission Expires pig March 12, 2016 fo sox = 5 Se RS = a -6STATE OF TEXAS § § COUNTY OF DALLAS § This instrument was acknowledged before me this day of July, 2013, by Derek Blount, President-North Dallas of Sovereign Bank, on behalf of said bank.
My Commission Expires: 10-6-2015 Shawre Notary Public Showro Ruther Print name of Notary PUB Notary Public, State of Texas SHAWNA RUTHERFORD My Commission Expires October 06, 2015 OTARY Unofficial -7EXHIBIT A Legal Description 3111 Welborne Avenue, #1302, Dallas, Texas 75219: The Subject Property consists of: the Residence #1302, of The Centrum Tower, a Residential Condominium, created pursuant to the Amended and Restated Residential Condominium Declaration recorded under Instrumént
t Property consists of: the Residence #1302, of The Centrum Tower, a Residential Condominium, created pursuant to the Amended and Restated Residential Condominium Declaration recorded under Instrumént Number 200600178273 of the Real Property Records of Dallas County, Texas (“Reside Declaration”), and located within the Residential Unit of The Centrum Master Conddémini created pursuant to the Second Amended and Restated Declaration of The Cengeatr Declaration of the Centrum Master Condominium _ recorded Number 200600141895 of the Real Property Records of Dallas Cou building built on land located in Dallas County, Texas; togeth appurtenant to the Residence, in and to the Residential Co designated for the Residence on Exhibit C attached to the nthe percentage Declaration and the and the Residential Storage Space(s) B6.
3111 Welborne Avenue, #1307, Dallas, Texas 75219+ Residence #1307, of The Centrum Tower, a,Residéptty Amended and Restated Residential Condomjni Number 200600178273 of the Real Prope Declaration’), and located within the Rest@épttml Guitof The Centrum Master Condominium created pursuant to the Second / Condominium, recorded in Volwine inium, created pursuant to the apation recorded under Instrument t-Amendment to Second Amended and Restated Condominium recorded under Instrument designated for the | ¢ : g gnd to the Residential Common Elements in the percentage exclusive right te sé asadtimited common element the Residential Parking Space(s) 40 & 41 Declaration’), and located within the Residential Unit of The Centrum Master Condominium created pursuant to the Second Amended and Restated Declaration of The Centrum Master Condominium, recorded in Volume 2005153, Page 0132 of the Real Property Records of Dallas
ntrum Master Condominium created pursuant to the Second Amended and Restated Declaration of The Centrum Master Condominium, recorded in Volume 2005153, Page 0132 of the Real Property Records of Dallas County, Texas, amended by that certain First Amendment to Second Amended and Restated Declaration of the Centrum Master Condominium recorded under Instrument Number 200600141895 of the Real Property Records of Dallas County, Texas covering a building built on land located in Dallas County, Texas; together with an undivided interest, appurtenant to the Residence, in and to the Residential Common Elements in the percentage designated for the Residence on Exhibit C attached to the Residential Declaration and the exclusive right to use as a limited common element the Residential Parking Space(s) 32 & 33 and the Residential Storage Space(s) A6.
3111 Welborne Avenue, #1505, Dallas, Texas 75219: The Subject Property consists of: the Residence #1505, of The Centrum Tower, a Residential Condominium, created pursuant to the Amended and Restated Residential Condominium Declaration recorded under Instrumént Number 200600178273 of the Real Property Records of Dallas County, Texas (“Reside Declaration”), and located within the Residential Unit of The Centrum Master Cond i created pursuant to the Second Amended and Restated Declaration of The Cenjraft Declaration of the Centrum Master Condominium _ recorded Number 200600141895 of the Real Property Records of Dallas Cou building built on land located in Dallas County, Texas; togethe appurtenant to the Residence, in and to the Residential Co designated for the Residence on Exhibit C attached to the exclusive right to use as a limited common element the Reside and the Residential Storage Space(s) BS.
ded interest, wthe percentage
ential Co designated for the Residence on Exhibit C attached to the exclusive right to use as a limited common element the Reside and the Residential Storage Space(s) BS.
ded interest, wthe percentage Declaration and the © Filed ARE dec 6 Pia lic Recerds 6 5 arpen, County Clerk 201300240792 -2-