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<br />;..~' ," , <br /> <br />. <br /> <br />e <br /> <br />;.. Zl~ <br /> <br />First Interstate Bank of Texas, N . A., a national banking <br />association ("First Interstate"), is the current owner and holder <br />of that certain Amended and Restated promissory Note (the "Note") <br />dated April 12, 1990 in the original principal sum of <br />$22,500,000.00, secured in part by that certain Deed of Trust and <br />Security Agreement (the "Deed of Trust") qated April 27, 1990, <br />from Grantor to P. Michael Wells, Jr., Trustee, for the benefit <br />of First Interstate, recorded in the Real Property Records of <br />Harris County, Texas under Clerk's File No. M610089, and <br />additionally secured by that certain Assignment of Leases (the <br />"Assignment") dated April 27, 1990, from Grantor to First <br />Interstate, recorded in the Real Prope~ty Records of Harris <br />County, Texas under Clerk's File No. M610090, which Deed of Trust <br />and Assignment cover and affect, in addition to other property <br />described therein, the Easement Property. First Interstate, as <br />the current owner ,and holder of the Note and the beneficiary <br />and/or secured party under the Deed of Trust and the Assignment, <br />joins herein for the sole purposes of acknowledging and <br />consenting to the grant of the Easement over and across the <br />Easement Property described herein upon the terms and conditions <br />set forth in this Agreement and hereby acknowledges, stipulates <br />and agrees that to the extent First Interstate's liens and <br />security interests securing payment of the indebtedness evidenced <br />by the Note, including without limitation, the liens and security <br /> <br />- 4 - <br />