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<br />e <br /> <br />e <br /> <br />03Z~15-0608 <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 dated April 27, 1990, from Grantor to P. <br />Michael Wells, Jr., Trustee, for the benefit of First Interstate, <br />recorded in the Real Property Records of Harris County, Texas <br />under Clerk's File No. M6100B9, that certain Deed of Trust and <br />Security Agreement dated December 28, 1990, from Grantor to P. <br />Michael Wells, Jr., Trustee, for the benefit of First Interstate, <br />recorded in the Real Property Records of Harris County, Texas <br />under Clerk's. File No. M961798 (such Deeds of Trust and Security <br />Agreements being hereinafter collectively referred to as the <br />"Deeds of Trust"), that certain Assignment of Leases dated April <br />27, 1990, from Grantor to First Interstate, recorded in the Real <br />Property Records of Harris County, Texas under Clerk's File No. <br />M610090, and that certain Assignment of Leases dated December 28, <br />1990, from Grantor to First Interstate, recorded in the Real <br />Property Records of Harris County, Texas under Clerk's File <br />No. M961799 (such Assignments of Leases being hereinafter <br />collectively referred to as the "Assignments"), which Deeds of <br />Trust and Assignments cover and affect, in addition to other <br />property described therein, the Easement Property. First <br />Interstate, as the current owner and holder of the Note and the <br /> <br />- 4 - <br />