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Southlake Town Square 2003-Amendment to Amended and Restated Declaration of Covenants, Restrictions, and Easements . .., , _ , e‘ �/•-- t aF r o2c4/G set-c,ear . M, THIS INSTRUMENT AMENDS CERTAIN - ;. TERMS OF THE INSTRUMENT RECORDED (J UNDER INSTRUMENT NO.D201206507 OF THE €i OFFICIAL RECORDS OF TARRANT COUNTY, , ._ TEXAS. /`�r 'l Ara AMENDMENT ; ...—... -_ 'n TO AMENDED AND RESTATED DECLARATION OF COVENANTS, 7.s RESTRICTIONS,AND EASEMENTS tj FOR SOUTHLAKE TOWN SQUARE . THIS AMENDMENT TO AMENDED AND RESTATED DECLARATION OF COVENANTS, RESTRICTIONS, AND EASEMENTS FQR SOUTIILAKE TOWN SQUARE ( Amendment ) is made and executed effective as'of theopti clay of May, 2003,by Southlake Venture West, L.P., a Texas limited partnership ("SVW"), Southlake Central Venture, a Texas joint venture ("SCV"), Southlake Venture East, L.P., a Texas limited partnership ("SVE"), • Southlake Venture West II, L.P. ("SVWII"), and Southlake Central Venture II, L.P. ("SCVII"), (SVW, SCV, SVE, SVWII, and SCVII being herein referred to collectively as the "Existing Owners"). RECITALS: A. This Amendment amends that certain Amended and Restated Declaration of Covenants, Restrictions, and Easements for Southlake Town Square (as amended, the "Declaration") dated effective as of August 23, 2001, and recorded on August 24, 2001 under Instrument No.D201206507 of the Official Records of Tarrant County,Texas. Any capitalized term used in the below Amendment which is not otherwise defined in this Amendment shall have the meaning ascribed to such term in the Declaration. B. The Existing Owners are Members of the Association, by virtue of their ownership as record owners of fee simple interest in Parcels within the Project,and such Existing Owners are entitled to cast at least two-thirds of all the votes which can be cast pursuant to Section 2.4 of the Declaration. The Existing Owners desire to amend the Declaration in the manner and for the purposes described hereinbelow, and the amendment of this Declaration by the undersigned Existing Owners represents an amendment with the Approval of Two-Thirds of the Members,as provided under Section 15.2 of the Declaration. C. Pursuant to the requirements of the Developer's Agreement between the City of Southlake, Texas ("City") and SVW, the City has requested the parties and the parties wish to amend the Declaration to remove certain property, subject to certain restrictions, from the property to be covered by the Declaration,which removal is allowed pursuant to Article XIV of the Declaration. AGREEMENT f NOW, THEREFORE, for and in consideration of the above and foregoing premises and = other good and valuable consideration, the receipt and sufficiency of which consideration is Amendment to Amended and Restated Declaration of Covenants,Restrictions,and Easements for Southlake Town Square—Page 1 C:\WINDOWS\Temporary Internet Files\Content.IE5\2779HYYL\CREAmendment.5.27.03.doc hereby acknowledged, the Declaration is hereby amended, supplemented and modified as follows: 1. Section 1.3 of Article 1 is hereby amended to read as follows: :L "Property Subject to Declaration. The Property initially covered by this Declaration is described in Exhibit "A-1" and "A-2" attached hereto, except as otherwise provided in this subsection. rt Any right, title and interest in the Project owned or held by any -.R person shall be subject to this Declaration and the covenants, conditions, restrictions, easements, charges and liens set forth • herein during the time period in which such real estate is included • within the Project, as the same may be added to, modified or deleted in accordance with the provisions of this Declaration. The • terms of this Declaration do not apply to Block 6 of the Southlake Town Square Addition except for Articles XI, XIII, and X1V, as they exist upon execution of this Amendment. Block 6 is not subject to any other terms or conditions of the Declaration. Block 6 may not be subjected to the other terms of.the Declaration without the written consent of the City of Southlake and the County of Tarrant. Notwithstanding the foregoing, the terms of this Declaration do not apply to the streets and Blocks 7 and 8 in the Addition, which streets and Blocks are depicted on Exhibit «B» 2. Article VII of the Declaration is hereby amended by the addition of the following paragraph,which shall be and become a part of the Declaration for all purposes thereof: "The provisions of this Article VII shall be subject and subordinate to the rights granted to the City of Southlake pursuant to the Irrevocable Parking License,Management and Use Agreement(the "Parking Agreement") between the Owners and the City of Southlake. In the event of a conflict between this Article VII and the Parking Agreement, the terms of the Parking Agreement shall control." 3. Subparagraph "a." under Article XI of the Declaration shall be and is hereby amended and replaced in its entirety by the following provision, which shall be and become a part of the Declaration for all purposes thereof: "a. The parcel identified as Block 6 on Exhibit`B", a plat of the Southlake Town Square Addition, shall be restricted to the uses and for the term as provided below. The parcel identified as Block 6 on Exhibit `B", a plat of the Southlake Town Square Addition, shall be restricted to = government uses and government sponsored activities (the "Permitted Uses"); provided that Permitted Uses shall not include Amendment to Amended and Restated Declaration of Covenants,Restrictions,and Easements for Southlake Town Square—Page 2 C:\WINDOWS\Temporary Internet Files\Content.IE5\2179HYYL\CREAmendment.5.27.03.doc s•' • } use for probation services or activities, jail, penitentiary, io correctional facility or penal facility, which uses are expressly _? prohibited. The foregoing use restriction will terminate and no longer bind the Property on or after September 30,2018. • After September 30, 2018, as provided in ARTICLE XII, there shall be no restriction upon the uses permitted in Block 6." fl 4 4. Pursuant to Article XIV of the Declaration, Blocks 7 and 8 of the Addition, together with the streets depicted on the plat, are hereby removed from the jurisdiction of the Declaration effective immediately. Block 6 of the Addition is hereby removed from the jurisdiction of the Declaration effective September 30,2018. • 5. Article XIII of the Declaration,entitled"Right of Reverter," shall be and is hereby deleted in its entirety. 6. Except as expressly modified by this Agreement, the terms and provisions of the Declaration are hereby ratified and shall remain unchanged and in full force and effect. 7. This Agreement may be executed in multiple counterparts, each of which will be an original,and all of which--taken together--will constitute one instrument. 8. The Existing Owners' execution of this Amendment constitutes the express written consent and Approval of Two-Thirds of the Members to and of the terms and provisions of this Amendment,in accordance with Section 15.2 of the Declaration. 9. The undersigned Existing Owners execute this Amendment to evidence their consent to and approval of the terms and provisions of this Amendment. The undersigned Identified Mortgagees hereby join in this Agreement for purposes of evidencing their approval of the Existing Owners', SVWII's, and SCVII's agreement to remove the Property from the jurisdiction of the Declaration,subject to the terms herein. 10. Except as expressly modified by this Amendment,the terms and provisions of the Declaration are hereby ratified and shall remain unchanged and in full force and effect. 11. This Amendment shall be construed in accordance with and governed by the applicable laws of the State of Texas. [The remainder of this page has been intentionally left blank.] Amendment to Amended and Restated Declaration of Covenants,Restrictions,and Easements for Southlake Town Square—Page 3 C:\WINDOWS\Temporary Internet Files\Content.lE5\2J79HYYL\CREAmendment.5.27.03.doc *y f3� _ IN WITNESS WHEREOF, the Existing Owners, SVWII, and SCVII, have caused this Amendment to be executed effective as of the date first set forth hereinabove. v. SOUTHLAKE VENTURE WEST,L.P., F a Texas limited partnership By: RIALTO SOUTHLAKE WEST,L.P., a Texas limited partnership, Its Authorized General Partner By: CS SOUTHLAKE,L.L.C., a Texas limited liability company, Its Authorized General Partner By: Brian Ttebbins Its Authorized Managing Member Date of Signature: 5)Ld1 k -. SOUTHLAKE VENTURE EAST,L.P., a Texas limited partnership By: RIALTO SOUTHLAKE EAST,L.P., a Texas limited partnership, Its Authorized General Partner By: CS SOUTHLAKE,L.L.C., a Texas limited liability company,• Its Authorized General Partner By: Brian R. ebbins Its Authorized Managing Member Date of Signature: 61(2CR 12CC53 Amendment to Amended and Restated Declaration of Covenants,Restrictions,and Easements for Southlake Town Square—Page 4 C:\WINDOWS\Temporary Internet Files\ContentIE5\2J79HYYL\CREAmendment.5-27.03.doc ca SOUTHLAKE CENTRAL VENTURE, A Texas Joint Venture f. ,.) By: SOUTHLAKE VENTURE EAST,L.P., a Texas limited partnership, Its Authorized Joint Venturer j By: RIALTO SOUTHLAKE EAST,L.P., a Texas limited partnership, Its Authorized General Partner By: CS SOUTHLAKE,L.L.C., a Texas limited liability company, Its Authorized General Partner By: Brian R. bins, Its Authorized Managing Member Date of Signature: 5 Ii'i 12 0-6 By: SOUTHLAKE VENTURE WEST,L.P., a Texas limited partnership, Its Authorized Joint Venturer By: RIALTO SOUTHLAKE WEST,L.P., a Texas limited partnership, Its Authorized General Partner By: CS SOUTHLAKE,L.L.C., a Texas limited liability company, Its Authorized General Partner By: .%F11- Brian R. Ste,bins, Its Authorized Managing Member Date of Signature: 5129 J2O5 3 Amendment to Amended and Restated Declaration of Covenants,Restrictions,and Easements for Southlake Town Square—Page 5 C:\WINDOWS\Temporary Internet Files\Content.IE5\2]79HYYLICREAmendment.5.27.03.doc SL CENTRAL VENTURE H,L.P., a Texas limited partnership By: SL CENTRAL VENTURE,LLC, -1 a Texas limited liability company • n Its Authorized General Partner 0 By: SOUTHLAKE CENTRAL VENTURE, a Texas joint venture, Its Authorized Managing Member • By: SOUTHLAKE VENTURE EAST L.P., a Texas limited partnership, Its Authorized Joint Venturer By: RIALTO SOUTHLAKE EAST,L.P., A Texas limited partnership, Its Authorized General Partner By: CS SOUTHLAKE,LLC, a Texas limited liability company Its Authorized General Partner Ag7c By: {Brian R. tebbins Its Authorized Manag ing Member Date of Signature: 5 12q, 2O6 By: SOUTHLAKE VENTURE WEST,L.P., a Texas limited partnership,. Its Authorized Joint Venturer By: RIALTO SOUTHLAKE WEST L.P., a Texas limited partnership, Its Authorized General Partner By: CS SOUTHLAKE,LLC, a Texas limited liability company, Its Authorized General Partner By: Brian R. tebbins Its Authorized Managing Membe Date of Signature: 5 12-ci )2r 0-3 Amendment to Amended and Restated Declaration of Covenants,Restrictions,and Easements for Southlake Town Square—Page 6 C:\WINDOWS\Temporary Internet Files\Content.IES\2J79HYYL\CREAmendmenL5.27.03.doc I Pi; SL VENTURE WEST II,L.P., a Texas limited partnership By: SL VENTURE WEST,LLC, a Texas limited liability company, K9 Its General Partner i9 By: SOUTHLAKE VENTURE WEST,L.P., t a Texas limited partnership, Its Managing Member By: RIALTO SOUTHLAKE WEST,L.P., a Texas limited partnership, Its General Partner By: CS SOUTHLAKE,LLC, a Texas limited liability company, Its General Partner By: \�✓ Bnan R. ebbins Its Authorized Managing Member Date of Signature: I2GI I oZD(3-3 STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on the 3 day of '--i 2003,by Brian R. Stebbins,Managing Member of CS Southlake,L.L.C,,a Texas limited liability company, general partner of Rialto Southlake West, L.P., a Texas limited partnership, general partner of Southlake Venture West, L.P., a Texas limited partnership, on behalf of said limited liability company and limited partnerships. My Commission Expires: Notary Public,State of Texas O-7 C`2 <,�Yo DENISE J. CARINO ,0 Q Notary PubUc �� State of Texas ' oF+``} Comm. : es o7-02-200b • Amendment to Amended and Restated Declaration of Covenants,Restrictions,and Easements for Southlake Town Square—Page 7 C:\WENDOWS\Temporary Internet Files\Content.IE5\2J79HYYL\CREAmendment.5.27.03.doc I. a as STATE OF TEXAS § 00 § s • COUNTY OF TARRANT § • RI WO g1 This instrument was acknowledged before me on the a�d y of t yy .s. -( , 2003,by Brian R. Stebbins,Managing Member of CS Southlake,L.L.C.,a Texas limited liability Q company, general partner of Rialto Southlake East, L.P., a Texas limited partnership, general >Ya partner of Southlake Venture East, L.P., a Texas limited partnership, on behalf of said limited liability company and limited partnerships. e_,(1‘, ,2_ ,.)- Gvu_),_... . My Commission Expires: Notary Public,State of Texas O"7-62-`..-C- C i o,mor Pot, DENISE J. CARINO /_� Notary Public -`4m State of Texas STATE OF TEXAS § 114 OF P Conran.Expire 07-02-2006 § 's, COUNTY OF TARRANT § This instrument as acknowledged before me on theaq1day of r-\00`-`--1 ,2003,by Brian R. Stebbins,Managing Member of CS Southlake,L.L.C.,a Texas limited liability company,general partner of Rialto Southlake West,L.P.,a Texas limited partnership,general partner of Southlake Venture West L.P.,a Texas limited partnership,joint venturer of Southlake Central Venture,a Texas joint venture,on behalf of said limited liability company,limited • partnerships,and joint venture. t Carkrza;42- • G My Commission Expires: Notary Public,State of Texas o1-O2 - oo-PUe` DENISE J. CARINO 0<°. Notary Public , 9 State of Texas %0E-te_. Comm.Wires 07.02.2006 Amendment to Amended and Restated Declaration of Covenants,Restrictions,and Easements for Southlake Town Square—Page 8 C_\WINDOWS\Temporary Internet Files\Content.IE52.179HYYL\CREAmendment.5.27.03.doc • • Fd Er STATE OF TEXAS § .e § a COUNTY OF TARRANT § a This instrument as acknowledged before me on the °1 day of MOS1 ,2003,by Brian R. Stebbins, Managing Member of CS Southlake, L.L.C., a Texas limited liability company, general partner of Rialto Southlake East, L.P., a Texas limited partnership, general partner of Southlake Venture East L.P., a Texas limited partnership,joint venturer of Southlake Central Venture, a Texas joint venture, on behalf of said limited liability company, limited partnerships,and joint venture. Notary Public,State of Texas My Commission Expires: DENISE J. CARINO ��02- D—C DC ) 4•4* Notary Public ® % �® State of Texas boa Comm.E,stpifes 07-02-2006 STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on then day of �� , 2003, by Brian R. Stebbins, Managing Member of CS Southlake, L.L.C., a Texas limited liability company, general partner of Rialto Southlake West, L.P., a Texas limited partnership, general partner of Southlake Venture West L.P., a Texas limited partnership, managing member of SL Venture West, LLC, a Texas limited liability company, general partner of SL Venture West II L.P., a Texas limited partnership, on behalf of said limited liability companies and limited partnerships. •G-1.4.4 Notary Public,State of Texas My Commission� Expire s� - - �1 C�C� ��Y° DENISE J. CARINO • • _/� Notary Public 1 m State of Texas +4.�-6} Comm.Expires 07.02-2006 Amendment to Amended and Restated Declaration of Covenants,Restrictions,and Easements for Southlake Town Square—Page 9 C:\WINDOWS\Temporary Internet Files\Content.IE5\2J79HYYL\CRF.Amendment.5.27.03.doc SZ 11, STATE OF TEXAS § COUNTY OF TARRANT § This instrument as acknowledged before me on the ot--1 day of 1 ,2003,by n Brian R. Stebbins, Managing Member of CS Southlake, L.L.C., a Texas limited liability company, general partner of Rialto Southlake West, L.P., a Texas limited partnership, general partner of Southlake Venture West L.P., a Texas limited partnership, general partner of .44 Southlake Central Venture, a Texas joint venture, managing member of SL Central Venture, 6 LLC, a Texas limited liability company, general partner of SL Central Venture II L.P., a Texas limited partnership,on behalf of said limited liability companies and limited partnerships. Gvu- Notary Public,State of Texas My Commission Expires: W�„a 0.1—62-2_(:)0.6 ototYPot,. DENISE J. CARINo t Notary Public U.m S: State of Texas . OF yY COMM.E ittes 07 02-20t36 Amendment to Amended and Restated Declaration of Covenants,Restrictions,and Easements for Southlake Town Square—Page 10 C:\WINDOWS\Temporary Internet Files\Content.IES\2J79HYYL\CREAmendment.5.27.03.doc ; r EXHIBIT"A-1" g-1 6. +-F (Phase I Property Description) z BEING a 41.437 acre tract of land situated in the Richard Eads Survey, Abstract No. 481, ;I_ - -_ located in the City of Southlake, Tarrant County, Texas:and-being a portion-of a tract of land •- 5 - ... conveyed to-The Fechtel-Group as recorded in Volume 9811,Page 1241,.Deed Records, Tarrant" 0 County,Texas and a portion of a tract of land conveyed to Carol Jean Williams as recorded in - Volume 8516,Page 595, Deed Records; Tarrant County,Texas. Said 41.437 acre tract of land ,being more particularly described by metes and bounds as follows: . -- BEGINNING at a 1/2 inch iron rod set in the North right-of-way line of East Southlake ' . Boulevard/F.M. 1709 (a 130 foot R.O.W.) and being North 00 degrees 11 minutes 06-seconds- . West,.65.02 feet and 'South 88 degrees 54 minutes •16 seconds East, 25.01 feet from the Southwest corner of said Richard Eads survey; THENCE North 00 degrees 11 minutes 06 seconds West, leaving-said North right-of-way line, 1,003.75 feet to-1/2 inch iron rod set for corner, THENCE East,leaving said West survey line,549.33 feet to a 1/2 inch iron rod set for corner, • n THENCE North,154.77 feet to a 1/2 inch iron rod set for corner, 4<: • THENCE North 30 degrees 00 minutes 00 seconds East,279.56 feet to a 1/2 inch iron rod set for corner, - . THENCE South 60 degrees 00 minutes 00 seconds East, 1,223.00 feet a 1/2 inch iron rod set for corner, THENCE South 30 degrees 00 minutes 00 seconds West, 331.80 feet to a 1/2 inch iron rod set for corner, • THENCE South,531.88 feet to a 518 inch iron rod set in concrete for corner, said point being in the aforementioned North right-of-way line of East Southlake Boulevard/F.M. 1709; .THENCE North 88 degrees 55 minutes 18 seconds West, along said North right-of-way line, 301.27 feet to-a found 5/8 inch iron rod for comer, : . - THENCE North-88 degrees 54 minutes 16•seconds West, along said North right-of-way line, ' 1,278.13 feet to the POINT OF BEGINNING-and CONTAINING 1,804,994 square feet or 41.437 acres of land. ' i ,. rvirmr'r„A I„ • r EXHIBIT"A-2" (Phase II Property rt,e BEING a 7.932 acre tract of land-in the Richard Eads Survey, Abstract No. 481, Southlake, . -Tarrant County,-Texas, being a portion of that certain 70.844.acres-conveyed'to The Fechtel• ` - '' - Group-by deed recorded in Volume.98.1.1, Page. 1241,Deed Records, Tarrant County, Texas (D.R.T.Co.,Tx); Pr- Being a 7.932 acre tract of land situated in the Richard Eads Survey,Abstract No. 481,located,in • Southlake,Tarrant County,Texas,said tract being a portion of aforesaid 70:844 acres and being more particularly described by metes and bounds as follows: • BEGINNING at a called 5/8 inch iron rod in concrete-found in the common Fast line.of said Richard Eads Survey and center Of North Carroll Avenue for the common-Northwest corner of - • • .Southlake Town Square Phase I, as recorded in Cabinet A; Slide 4892, Plat Records, Tarrant - County,Texas(P.R.,T.Co.,Tx)and Southwest corner of this tract.- • THENCE with said common survey line and centerline of North Carroll Avenue, North 00 degrees 11 minutes 06 seconds West 562.00 feet to a point for the Northwest corner of this tract. ,, r THENCE departing.Y, said survey line and centerline, EAST at 50.00 feet,passing a 5/8 inch iron • • pin set for the intersection of East line of North'Carroll Avenue with the North line of Federal - - Way, a proposed 62.5 foot wide street, in all 639.14 feet to a 5/8 inch-iron pin set forth the • Northeast corner of intersection of North line of Federal-Way-with the East line of proposed • Reserve Street; THENCE with said Fast line of Reserve Street, SOUTH to the intersection of Northwest line of State-Street with East line of Reserve Street at 298.11 feet to a 5/8 inch iron pin set in the present • dedicated Northwest line of State Street; • THENCE with said present dedicated Northwest line of State Street, South 30 degrees 00 minutes 00 seconds West 126.00 feet to an angle point in said R/W; • THENCE continuing'With dedicated West line of State Street, SOUTH 154.77 feet to its intersection with present dedicated North line of Prospect Street; . THENCE departing the West line of State--Street and with North line of Prospect Stree VEST • passing a 5/8 inch iron pin-found for East line of North Carroll Avenue at 524.33 feet, and continuing in all 574.33 feet to the place of beginning and containing some 7.932 acres of land.• • rvrrrrIrr v A. _Cn..Pr Pave . . -• ., ' • . , \ . • • , , =..q . ;... .-• . . - ST- 7,- .• i . ._ - • . - L. . , • i . . .... i - i I I I • 4 . •e- . . . • • • . . . :, . . . . ... . - .. . . o. ... -• r-7----7-77 - . - . . . . . . . • . • F. • . • • . . - • I I ' • .• _ .. .. " ' . .. ' - c I I 1 , • . 1)I 4 i• I • • .I •% % -\ . . / / ••;:i . J t N.......... I,. 111 Timm/to/I N N • • . \ . .. .... ,_....... . .. ..._.. .. • .... _. •;!:I I \ \s. .... -- • •,.:" ." .......... T,,,,, .....j ii: % . I I . I S' • / - P I ....... / i I .firl•CC/ .4. / / ' • . 1 o I / •••••...% --....,_ / / • - - '(:"--*'1111"111111P119 All 11"111.9":-ITITillh.n. ..V., 1 I / •' Z'''c' „.. 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I ' I ‘::-----.- --1-) ittinlatiMir i • L 1 Ws. . g - . i iiiiill , .1- . __ ___________ minum --ILIIIIimtiiiatwo i:. . ----- _ . ............fo..04.4.1 --------). 1---------7 .--------t---t------------ • : --- 0.04.Cir..MI isitc; EXHIBIT B F... ••••+•.. . . • • •••=1,-1:-.**:rti: ./.....1.4...1...4....... _._ 50(.7thiCliCei VOltrell Square • '.4g:,-;47.7-',<E4 .....901 52•1 144Q poi WS 2760 ,....,,,..L.--.-_-,1-,.....-r, •. -.. .Y..... q,. - CONSENT AND APPROVAL i ( The undersigned, beneficiary and holder of the liens and security interests created pursuant to, el among other security instruments: (i)that certain Renewal Security Documents and Security Agreement 1,4 ell dated April 14, 1998,recorded in Volume 13172,Page 36,Deed of Records of Tarrant County,Texas,(ii) that certain Security Documents and Security Agreement dated May 22, 2000, recorded in Volume pi= .14355, Page 254, Deed of Records of Tarrant County, Texas, (iii) that certain Security Documents and. ;# g: Security Agreement dated July 19, 2001, recorded on August 22, 2001 under Clerk's Instrument No. • _ vi D201203216 and Clerk's Index No.20010822 in the Deed of Records of Tarrant County,Texas, (iv)that t certain Renewal Deed of Trust and Security Agreement dated November 30, 2002, recorded in Volume - r 16217,Page 367 of the Deed Records of Tarrant County,Texas, and(v)that certain Renewal Assignment of Rents and Leases dated November 30,2002,recorded in Volume 16217,Page 368 of the Deed Records of Tarrant County, Texas (collectively, as modified, the "Security Documents"), hereby consents to - execution of the above and foregoing Amendment to Amended and Restated Declaration of Covenants, . Restrictions, and Easements for Southlake Town Square and hereby approves all terns thereof. Dated: �'f 4 ,2003 . . I JPMORGAN CHASE BANK, a New York banking corporation,successor by- • merger to The Chase Manhattan Bank,a New York . banking corporation,successor by merger to Chase -- Bank of Texas,National Association,in its capacity - as Administraf ve A t - • - By: .. Name: �S�f'�1 I; G121Co (T1-1 . - Title: S N I O1 '/ ice . P s( •. STATE OF TEXAS .: .• § . . . . • - - . COUNTY OF § .1)lh' This i strume w ac o Jed ed before me on this 4 'day of 91 ,, 2003, . • by ,the 1 •• of JP rga Chase B New York banking corporation, on behalf of said corporation, in its capacity of Administrative Agent. NNiFER CURREY ,L ' / ` - =°ter MOTARY,fE PUBLIC ''•1 ( . Publ� , State of Texas - • /� ''* T< a d•s STATE OF TEXAS • % +'' My Comm. .6-75-20d6 . . . 583426_3 Amendment to Amended and Restated Declaration of Covenants,Restrictions,and Easements for Southlake Town Square - • • rr FIT CONSENT AND APPROVAL The undersigned beneficiary and holder of the liens and security interests created pursuant to (i) f rt that certain Deed of Trust dated August 24,2001, executed by SL Venture West II L.P., a Texas limited -111 partnership, in favor of Steven R. Smith, Texas, Trustee, recorded in Volume 15097, Page 465, Deed Records of Tarrant County, Texas, (ii) that certain Assignment of Leases and Rents dated August 24, -,. 2001,recorded in Volume 15098,Page 1,Deed Records of Tarrant County,Texas, and Oil)that certain €) Financing Statement dated August 24, 2001, recorded in Volume 15098, Page 20, Deed Records of 61 Tarrant County, Texas (collectively, the "Security Documents") (such Security Documents being assigned to Wells Fargo Bank Minnesota,National Association,as Trustee for the Registered Holders of - GMAC Commercial Mortgage Securities, Inc. Mortgage Pass-Through Certificates, Series 2002-C1 by instruments recorded in Volume 15579,Page 276; Volume 15579,Page 277; and Volume 15579,Page 280 of the Deed Records of Tarrant County, Texas), hereby consents to execution of the above and foregoing Amendment to Amended and Restated Declaration of Covenants,Restrictions,and Easements for Southlake Town Square and hereby approves all terms thereof. Dated: 1J U v& 9 ,2003. • WELLS FARGO BANK MINNESOTA, NATIONAL ASSOCIATION, as Trustee for the Registered Holders of GMAC Commercial Mortgage Securities,Inc. Mortgage Pass-Through Certificates, Series 2002-C1 By: / m/1C Name: GAIRY A• ROUTZAHN Title: VIC1F PRESIDENT STATE OF e��t)dft U, o • COUNTY OF /"ON( vl' rn of ) , 2003, This�f t by c,�e w acl e it0 cjg�e-4�r�e me on this 7,the Y i`- of Wells Fargo lgank Minnesota;National Association, as Trustee for the Registered Holders of GMAC Commercial Mortgage Securities,Inc.Mortgage Pass-Through Certificates,Series 2002-C1,on behalf of said national association. Notary Public,State of fl,4- , WAIL rMigAVIXO,fifty • " V.,1i 'W it .' • Amendment to Amended and Restated Declaration of Covenants,Restrictions,and Easements for Southlake Town Square—Page 12 C:\WINDOWS\Temporary Internet Files\Content.IE5\2J79HYYL\CREAmendment.5.27.03.doc re . P cqq 4 CONSENT AND APPROVAL :a 11 The undersigned beneficiary and holder of the liens and security interests created pursuant to (i) 53 that certain Deed of Trust dated August 24, 2001, executed by SL Central Venture II, L.P., a Texas p limited partnership, in favor of Steven R. Smith, Texas, Trustee, recorded in Volume 15098, Page 34, i Deed Records of Tarrant County, Texas, (ii)that certain Assignment of Leases and Rents dated August g= 24, 2001, recorded in Volume 15098, Page 36, Deed Records of Tarrant County, Texas, and (iii) that F certain Financing Statement dated August 24,2001,recorded in Volume 15098, Page 38,Deed Records a. of Tarrant County, Texas (collectively, the "Security Documents") (such Security Documents being CI . assigned to LaSalle Bank, National Association, as Trustee for the Registered Holders of GMAC - Commercial Mortgage Securities, Inc.. Mortgage Pass-Through Certificates, Series 2002-C2 by instruments recorded in Volume 16080, Page 185;Volume 16080, Page 187; and Volume 16080, Page 191 of the Deed Records of Tarrant County, Texas), hereby consents to execution of the above and.. foregoing Amendment to Amended and Restated Declaration of Covenants,Restrictions,and Easements for Southlake Town Square and hereby approves all terms thereof. Dated: J U I)e `- i ,2003. LaSALLE BANK, NATIONAL ASSOCIATION, as Trustee for the Registered Holders of GMAC Commercial Mortgage Securities,Inc. k.;;= Mortgage Pass-Through Certificates, Series 2002-C2 By: /1-----. /`1 ' Name: GARY A. ROUT N Title: VICE PRESIDENT c STATEOFPc.---A),diLvaeAlfe COUNTY OF N / 0 Et This ins ent was ac owled ed before me on thisthdey of TO/v� 2003, by �L t_O(Iizi Al of LaSalle Batfk, National Association, as Trustee for the Registered Holders of GMAC Commercial Mortgage Securities,Inc.Mortgage Pass-Through Certificates,Series 2002-C2,on behalf of said national association. 5aLg& 7ic4, ) Notary Public,State of PA . ligolel rwwp.,foot-40-4y. ; M-0 a0&OM Nov.15, :X4 Amendment to Amended and Restated Declaration of Covenants,Restrictions,and Easements for Southlake Town Square—Page 13 C:\WINDOWS\Temporary Internet Files\Content.IES\2J79HYYL\CREAmendment-5.27-03.doc c .. 1 sE E e; 4 3 o 9 D203224961 FREANK BLISS +o 1256 MAIN ST #240 ttj SOUTHLAKE TX 76092 T -W A R N I N G-THIS IS PART OF THE OFFICIAL RECORD--DO NOT DESTROY INDEXED -- T A R R A N T COUNTY TEXAS SUZANNE HENDERSON -- COUNTY CLERK OFFICIAL RECEIPT i T 0: RATTIKIN TITLE CO ;y RECEIPT NO REGISTER RECD-BY PRINTED DATE TIME ' '_ =' 203392442 DR8F TB 06/24/2003 16:06 INSTRUMENT FEECD INDEXED TIME RECVD 1 D203224961 WD 20030624 16:06 CK 19527 T O T A L : DOCUMENTS: 01 F E E S: 39.00 B Y: ANY PROVISION WHICH RESTRICTS THE SALE RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW. g