HomeMy WebLinkAboutC2009-589 - 11/17/2009 - NA
After Recording Return To:
Shackelford, Melton & McKinley, LLP
3333 Lee Parkway, Tenth Floor
Dallas, TX 75219
Attention: John C. Shackelford
FIRST AMENDMENT TO DEED OF TRUST
THIS FIRST AMENDMENT TO DEED OF TRUST (the "First Amendment"), dated as of
, 2009, is made and executed by TX LULAC West Park Housing, L.P., a Texas
limited partnership {"Grantor").
RECITALS
A. Grantor executed and entered into that certain Deed of Trust {the "Deed of Trust"},
executed as of November 9, 2007, in favor of Corpus Christi Community Improvement
Corporation, a Texas nonprofit cozporation ("Beneficiary").
B. The def ned terms used herein shall have the meanings ascribed'to them in the Deed of
Trust, unless otherwise defined in this First Amendment.
G Grantor and Beneficiary desire to make certain amendments to the Deed of Trust.
NOW, THEREFORE, in consideration of the foregoing, the parties hereto agree that the
Deed of Trust is hereby amended as follows:
1. Note #A. On page one of the Deed of Trust, the amount of Nate #A shall be
increased and amended as follows:
"Amount: Six Hundred Thirty-Four Thousand One Hundred Twenty-Four Dollars and
No/Cents ($634,124} {hereinafter referred to collectively with Note B as the
"Notes.")
2. Deed of Trust. Except as modif ed hereby, the Deed of Trust remains in full force ° '
and effect. To the extent of any conflict between the terms of the Deed of Trust and this First
Amendment, this First Amendment shall control.
3. Texas Law to Apply. This First Amendment shall be construed under and in
accordance with the laws of the State of Texas.
4. Parties Bound. This First Amendment shall be binding upon and inure to the
benefit of the parties hereto, arid their respective heirs, executors, administrators, legal
representatives, successors and assigns where permitted by this First Amendment.
2009-589
11/17/09
~11TemplXPgrpwiselFirsY Amendment to DOT.doc
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5. Legal Construction. In case any one or more of the provisions contained in this
First Amendment shall for any reason be held invalid, illegal or unenforceable in any respect, such
invalidity, illegality or unenforceability shall not affect any other provision hereof, and this First
Amendment shall be construed as if such invalid, illegal or unenforceable provision had never
been contained herein.
6. Modification. This First Amendment may not be modified or amended except by a
written instrument signed by the parties hereto and referring specifically to this First Amendment.
[SIGNATURE PAGE FOLLOWS]
C:IDOCUME~]IELIZAB-11LOCALS~11TemplXPgrpwiselFirst Amendment to DOT.doc
IN WITNESS WHEREOF, this First Amendment has been duly executed as of the day and
year first above written.
GRANTOR:
TX LULAC WEST PARK HOUSING, L.P.,
a Texas limited partnership
By: TX LULAC West Park Development, L.L.C.,
a Texas limited liability company,
its general partner
By: LULAC WEST PARK APARTMENTS,
a Texas non-profit charitable trust
its sole member
By: r ~~~~~ ,~~
Name: ~~~~~ (~-=~ ~~ ~~~~/~,
Title: _~r~.~ /~~F%~'~ ~'~-9~`s__.
ACKNOWLEDGEMENT
STATE OF TEXAS
COUNTY OF DALLAS
This instrument was acknowledged before me on the ~ ~~ day of a ~Ic..~-r~er , 2009 by
r , ~ M of LULAC WEST PARK APARTMENTS, sole member
of T ULAC West Park Development, L.L.C., general partner of TX LULAC WEST PARK
HOUSING, L.P., on behalf of said corporation, as sole member of TX LULAC West Park
Development, L.L.C., as general partner of TX LULAC WEST PARK HOUSING, L.P., on behalf
of said limited partnership. ~ ~` r-~ ~
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C:IDOCUME~IIELIZAS~IILOCALS~11TemplXPgrpwiselFirst Amendment to DOT.doc