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912 W MAIN ST_13-1632___________
912 W. MAIN ST. INTERIOR DEMO OF WALLS 12 W. MAIN ST. INTERIOR DEMO OF WALLS 912 W. MAIN ST. 912 W. MAIN ST. INTERIOR DEMO O.E S1 0.Ar' x 's 1� ��?'r y *s r Yam• �' Y !i f � � n INTERIOR DEMO OF GhTgS cr4 M r.-W COMMERCIAL I BAN REVIEW COVER SHLL I' ADDRESS: OWNER'S NAMF PROJECT TYPE: ADDN: ✓ HCAD#: OM - go (`j HTELOC#: FLOOD ZONE: x USE ZONE: M -3 b a Y/N SUB /DATE RETURNED TIRZ ZONE? SITE VISIT (DRAINAGE) ZONING PERMIT CERT. SITE PLAN APPROVAL ASBESTOS SURVEY RECEIVED TAS (ADA) PROOF OF SUBMITTAL F101 RESOL. APPLICABLE?: F216-00-00 RESOL. APPLICABLE?: FILL DIRT APPL/PERMIT CLEARING PERMIT NEEDED? FLOOD PERMIT NEEDED?: W/S FEES APPLICABLE?: 100% MASONRY/GLASS STORM WATER QUALITY PERMIT TAXES UP TO DATE?: DATE OF REVIEW: /y ti-M3 ITEMS NEEDED FOR ISSUANCE OF PERMIT: 1. CURRENT INSURANCE CERT. (if applicable) (Applicable on Demo, Addn, or Remodel) (Applicable to Comm. Or Ind.) (If yes, permit cannot be issued.) (If yes, permit cannot be issued.) (If yes, figure fees. If no, use w/s form to explain why they are not.) INSPECTOR: OK OWNER OR CONTRACTOR NOTIFICATION DATE TIME NAME OF PERSON CONTACTED /0/7—/13 S:\CPSIwe\INSPECnON DIVISIONUmpections\CONE PLAN REVIEW COVER SHEET.doc Rev. FEB2012 C_ City of La Porte �.L 604 W Fairmont Pkwy La Porte, Tx 77571 (281)470-5073 INSPECTION LINE: (281)470-5130 ****ZONING PERMIT**** ' -------------- Application Number . . . . . 13-00001253 Date 10/07/13 Property Address . . . . . . 912 W MAIN ST HCAD Number: 023-185-000-0014 Application type description ZONING PERMIT Subdivision Name . . . . . . LA PORTE Property Use . . . . . . . . REAL COMMERCIAL Property Zoning . . . . . . . MAIN STREET DIST OVERLAY -------------------------- -- ------------------------------------------------ Type of Work sic 7911 THE GATES ON MAIN STREET ---------------------------------------------------------------------------- Property owner . . . . . . . CAMPISE & BERTUGLIA INV LLC Owner address . . . . . . . . 1902 ROSCOE ST LA PORTE TX 775715856 Other struct info . . . . . SIC CODE (ZONING PERMITS) X ----------------------------------------------------------------------------- Permit . . . . . . ZONING PERMIT Additional desc . . SIC 7911 THE GATES ON MAIN ST. Permit pin number . 445122 Permit Fee . . . . 50.00 Issue Date . . . . 10/07/13 Valuation . . . . 0 Expiration Date . . 4/05/14 Qty Unit Charge Per Extension BASE FEE 50.00 --------------------------------------------- Special Notes and Comments October 4, 2013 8:39:35 AM LAPOVFL. 1. SIC 7911 - WEDDING VENUE/RECEPTION HALL 2. NAME OF BUSINESS AND BUSINESS OWNER: THE GATES ON MAIN ST. - NEW FAITH DEVELOPMENT L.L.C. (MS. LETTIE SANCHEZ). 3. ANY CHANGES OF TENANT, USE, OR OWNERSHIP REQUIRES A NEW ZONING PERMIT. 4. IF ANY INTERIOR AND/OR EXTERIOR IMPROVEMENTS ARE ANTICIPATED, CHECK WITH CITY FOR POSSIBLE PERMIT REQUIREMENTS PRIOR TO COMMENCING ANY WORK. 5. IF DUMPSTER IS UTILIZED AND WITHIN PUBLIC VIEW, APPLICANT MUST APPLY FOR AND OBTAIN A PERMIT FOR A DUMPSTER ENCLOSURE PRIOR TO CONSTRUCTION. 6. NO CITY APPROVED CERTIFIED SITE PLAN AVAILABLE. 7. EXTERIOR STORAGE NOT ALLOWED. 8. CHECK WITH CITY FOR POSSIBLE PERMIT REQUIREMENTS PRIOR TO PLACEMENT OF ANY City of La Porte \J 604 W Fairmont Pkwy La Porte, Tx 77571 (281)470-5073 INSPECTION LINE: (281)470-5130 -"-ZONING PERMIT--" ---------------------------------------------------------------------------- Page 2 Application Number . . . . . 13-00001253 Date 10/07/13 ---------------------------------------------------------------------------- Special Notes and Comments NEW/FUTURE SIGNAGE. 9. COORDINATE WITH TABC AND CITY SECRETARY'S OFFICE FOR ALCOHOL LICENSE/PERMIT REGULATIONS. 10. PLACEMENT OF ANY SHIPPING CONTAINERS REQUIRES PRIOR CITY APPROVAL. 11. MUST OBTAIN FINAL INSPECTION AND CERTIFICATE OF OCCUPANCY PRIOR TO ANY USE OF THE BUILDING AS A RECEPTION HALL/WEDDING VENUE. ---------------------------------------------------------------------------- Fee summary Charged Paid Credited Due --------------------------- ---------- ---------- ---------- Permit Fee Total 50.00 50.00 .00 .00 Grand Total 50.00 50.00 .00 .00 to e Contrac Authorized Approved y BUilding Official or Authofl�zi--Agent ---- ------ D q t e �/: aa(Q� o2 City of LaPorte Established 1892 L ie - 7!3 - sa ZONING PERMIT APPLICATION DATEAPPLIED. —� I BUSINESS NAME` T!{� �rAt �� M�Irs 4 T-P' Fee: s$ 0.00 PROPERTY ADDRESS: j I `\ ' ` r -=\/ - kd" LEGALDESC.: LOT(S):I�-�a- n�K crin• fib L& 11/�uyl-e u� NEvJ f/a%i-b� ,j L-aq .AI LLC-., •r BUSINESSPROPRIETOi . St�ticNtZ/'1 /� / - ('LET kc.R ADDRESS: Q 1 / 111^jq�f_I �l A� Q c' t o �7r 7 CITY: `J STATE: ' /� ZIP ' 1 CONTACT PE SO 14'. L-4Tr e-Tj3A .1C-4, 2- BUILDING IS:( ) NE�YKEXISTING PHON � I - PHONQEMAIL: yy� LAST USE OF BUILDIN DATE US' CEASED: 1 PROPOSED S <<� t Q `� C ` `y� -- ' NOT )-dinal ivith TABC an secretrny's Oj37cejbr Alcohol lb.ense/pc gilt •ns. c WNE 0 AU ORIZED AG DATE ******FOR CITY USE ONLY****** PROPERTY ZONE: FLOOD ZONE: pV/G;ISU6(S)" ISsoiSTES;�lIt)iD;ORI�T��i1NiVlNG'D�t;3cIFEPfiGOP]? h cum N/A PROPOSED SIC USE CATEGORY 0 BUILDING: � `v -* 11911 THIS APPLICATION IS: ( APPROVED ( ) DENIED n PERMIT #: 2 5 S:\CPShare\INSPECTION DIVISIOMInspectlonsVON ING PERMIT PACKET.01 Updated 3/2012 604 West Fairmont Parkway * La Porte, Texas 77571 • (281) 470-5073 • Fax (281) 470-5005 a 4 r` .k •s - xr +h�. cv= k- �NSSP,C�ION���"?;S�r�A$ ',�a`v:a .,:�M � •.�:,.� aa` `Yea; --, I S E¢�TO '-i �?qr. - _ • +' ' .._;id+ _ • T POLE FAXED: CONST ELEV CERT recv'd (if in AEIVE zone) FORM SURVEY (If applicable) GROUND PLUMBING PIERS SLAB/FOUNDATION WATER SERVICE LINE SEWER ELEC UNDERGROUND (if applicable) COVER-UP LEAD TEST BRICK TIE DRIVEWAY SIDEWALKS FINAL DRAINAGEIGRADING FINAL ELEV CERTIFICATE RECEIVED: ELEVATION SHOWN FOR TOP OF FINISHED FLOOR IS: REQUIRED BFE: IS THE ELEVATION SHOWN 12" OR MORE ABOVE BFE: (YES) OR (NO) GAS FINAL FAXED: ELECTRIC FINAL FAXED: OTHER (patio, lawn sprinklers, etc.) DA*w.p FINAL U I6111E 1'3 COMMERCIAL W & S WORK ORDER# DATE b /J3 NEW ADDITIONNI���LQ,,�,,, \ ADDRESS (la Li). / 41,Lw 6z LEGAL OWNER �}-&1, ,g% a 'J Q. CONTRACTOR /3p�, p v,1,( ( "A tZu� PH# 83 a , 554e - 3 74) 8 DATE ADDRESS REQUEST (corYREcm FRONT ENGR.) VI. S a O ZONING CLASSIFICATION FLOOD ZONE (PERENGINEERING) BLDG. PLANS SUBMITTED UTILITY EXT. AGRMT REC'D Y OR N BLDG PLANS REVIEWED BLDG. PERMIT RELEASED FOR ISSUANCE PERMIT # FEES PAID WATER FRONT FT. FEES SEWER FRONT FT FEES WATER TAP SEWER TAP BUILDING PERMIT PLAN REVIEW FEE ELECTRICAL PERMIT TEMPORARY POWER POLE PLUMBING PERMIT MECHANICAL PERMIT S.\CPSbare\Inspections\CONEIl ERCIAIdNSP SEEET.doc City of La Porte 604 W Fairmont Pkwy La Porte, Tx 77571 (281)470-5073 INSPECTION LINE:(281) 470-5130 ****BUILDING PERMIT**** ------PP------ ---------------------------------------------------- Application Number . . . . . 13-00001632 Date 10/07/13 Property Address . . . . . . 912 W MAIN ST HCAD Number: 023-185-000-OO14 Alternate Search Method: Application type description REMODEL, COMMERCIAL Subdivision Name . . . . . . LA PORTE Property Use . . . . . . . . REAL COMMERCIAL Property Zoning . . . . . . . MAIN STREET DIST OVERLAY Application valuation . . . . 9000 ---------------------------------------------------------------------------- Type of Work interior demo of walls ---------------------------------------------------------------------------- Owner Contractor ------------------------ ------------------------ CAMPISE & BERTUGLIA INV LLC BEYOND CONSTRUCTION 1902 ROSCOE ST PO BOX 964 LA PORTE TX 775715856 LA PORTE TX 77572 (832) 556-3768 --------------------- Structure Information 000 000 ---------------------- Construction Type . . . . . WOOD FRAME Occupancy Type . . . . . . ASSEMBLY Flood Zone . . . . . . . . ZONE X ---------------------------------------------------------------------------- Permit . . . . . . BLDG PERMIT -COMMERCIAL REMODEL Additional desc . . INTERIOR DEMO OF WALLS Permit pin number . 445148 Permit Fee . . . . 80.00 Plan Check Fee 40.00 Issue Date . . . . 10/07/13 Valuation .. . . 9000 Expiration Date . . 4/05/14 Qty Unit Charge Per Extension BASE FEE 20.00 8.00 7.5000 THOU BLDG - 1,001 - 50,000 60.00 ---------------------------------------------------------------------------- Special Notes and Comments October 4, 2013 9:53:30 AM LAPOVFL. 1. THIS PERMIT FOR DEMO OF INTERIOR WALLS ONLY. 2. MUST COMPLY WITH ATTACHED ASBESTOS SURVEY AND IN COMPLIANCE WITH THE TEXAS DEPARTMENT OF HEALTH SERVICES REGULATIONS. 3. SEPARATE PERMITS AND CONSTRUCTION PLANS ARE REQUIRED TO BE SUBMITTED FOR REVIEW AND APPROVED PRIOR TO STARTING ANY REMODEL WORK. ---------------------------------------------------------------------------- Fee summary Charged Paid Credited Due City of La Porte ^f 604 W Fairmont Pkwy La Porte, Tx 77571 (281)470-5073 INSPECTION LINE:(281) 470-5130 ****BUILDING PERMIT**** ------------------------------------ Page 2 Application Number . . . . . 13-00001632 Date 10/07/13 ----------------- ---------- Permit Fee Total ---------- ---------- 80.00 80.00 .00 ---------- .00 Plan Check Total 40.00 40.00 .00 .00 Grand Total 120.00 120.00 .00 .00 �nacoia� c sc:r= IGNATURV Or C OR AUT (APPROVED BV BUILDING OFFICIAL�O'Ij' A //- -------------- ---------- — AGENT) DA1I/\I,^ RI•ZED AGENT) TE �• UTtu^� �s1, NN i- PERAffr APPLICATIONS ity� of La Port,��� 0 �-3Z 281-470-5074%, �0 f� '�Ml *Electrical *(See back of forn ;SZ *Plumbing 1892 Project Address: 7 Z w. IY7A' , •J Sf - Iat 10�� 6- 1 ?� 1 Building Use: MC.Cb 6 Vy4 l i t%A hint ln• ) n tJ J For City Use Only &_-ft a a F- 1*4r�Ct*-C Occupancy Type A - Flood Zone_ Class Work G•�nll Z' .N�r Sq. Ftygl� o-;) Construction Type Use Zone .Sy O # Stories—_—L_Parking Req L4 n Last use of Building N A Date use ceased: Al A Commercial Buildings Plans Q&-Fire Marshal Approval N h DateA%N Checked/Approved for Issuance By-y./', //*I/x Date /"/3//3 Residential driveway tie-in fee:_ Parkland(New Res. Off: Zone #. Permit No..12) - { (0 ,3 �- Permit Fe f".34 n&�- �rgt0...9- %o a.. Af,zy w. rlr• 9LdkVW crJ, J Plan Check Fet T"b 4/'►fr1.45 COMPLETE THIS SECTION FOR ELECTRICAL, PERMITS:: NO'I, MNIMUM CHARGE ON PERMIT(S) ,10.00 Description - Charges Quantity \ Fees PERMIT ISSUE FEE $7.50 $7.50 Outlets, Fixtures, Lights & Switches (1' 5 - Flat fee) $ 3.00 Above Items (All Others) $ 0.60 each Clothes Washer/ Dryer $ 2.00 each Range Receptacle $ 3.00 each Cook Top or Oven $ 1.50 each. A/C, Window Unit Receptacle $ 3.00 each Water Heater $ 3.75 each Dishwasher/Garbage Disposal $ 1.50 each Meter Loop & Service (includes Temporary crQ-in) $15.00 each Temporary Saw Pole (T Pole) $15.00 each Reconnection of Service $15.00 each Reinspection Fee $35.00 each MOTORS: Up to but not including''/z hp $ 1.50 each '/2 hp and less than 10 hp $ 2.50 each 10 hp & up to 50 hp $ 3.50 each 50 hp and up $ 4.50 each Total Fee . COMPLETE THIS SECTION FOR PLUMBING PERMITS NOTE: 114T MVIUM CHARGE ON PERMITS) IS S20.00 Description Charges Quantity Fees is • f PERMIT• ISSUE FEE $15.00 $15.00 . Fixtures/Drains Traps $ 3.75 each Sewer (New, Repair, or Replacement) $ 7.50 each Septic Tank/Seepage Pit/Drain Field $15.00 each Water Heater $ 3.75 each Gas Piping System (1-4 outlets, flq fee) $ 7.50 e.:Gas Piping System (00,fWeaygch) A. -:'$'•1•.90 each -T Installation, Alteration or Repg[w 0 Water Piping and/or Water. _ Treating Equipment $ 7.50 each Repair/Altera*-Drain or Vent $ 7.50 each Each Vacuum BreakerBackflow Protection \ Each One (1-5) .. $ 3.75 each Each One (Over 5) $ 225 each Reinspection Fee $35.00 each r'Ill V.•I.I'Y rr il��,. .:-•j. Total ..r • ,�•,ti`11 1•. • �'i.Y'-, :.1(^�•`. n C •P.;.j .. .. '. :F i+:... .._F.: J,,.,i+..+� :n. 7�.. ..r 1.. •:!• 1L%'1:sc:'r =. ;♦ 1_r... :'. i•t . ':i:•; •,.I•I: .,.. „!� 1 -:n•r'.i:i:�L:••...'.. '. 'i1..Y..an .. . 1 r nl 1' t. .. rb •n:. �.11i..•M.,. ..\ .. ... •i.FL/'. pi :A.w\'t. .aa• .' / ..i .. .. i•. 1'i i.�:1{{•. ,-r.IA S:\City Plmmh,gSh>QeW4QJSPECn0NS DIVISIONVaspatims\BIdg Pamit Appldoc »^.. :-_, ..i.._`..> : •..,..�� • .r: •;}'t 0 File Edit Commands Help SECTOR �Navi e Property Description Inquiry Location ID: HCAD Number: Alternate Search Method: Location address: Primary related party: <.. Cancel•__... Address - Related P a p 2 a rr _. r_r_. i 912 W MAIN ST CLP CAMPISE & BERTUGLIA INV LLC March 28, 2013 V1 W= ff_�_ fT::n** I IP Mr. Josh Crescenzi copy SEP 3 0 2013 Managing Partner CTC Contractors 911 3410 Yale Street Houston, Texas 77018 IF THE APPROVED PLANS ARE RE: BULK SAMPLE ANALYSIS REPORT MODIFIED, A NEW SUBMITTAL Vacant Commercial Building TO THE CITY IS REQUIRED PRIOR 912 West Main Street TO THE CHANGE OCCURRING. La Porte, Texas 77571 HES Project No. 13-1195-7640 (Rev.2.3.28.13.pnt.count) General Information Pursuant to your request Honesty Environmental Services, Inc. (HES), performed an inspection for suspect asbestos -containing materials (ACM) at the above referenced site. HES is a Texas Department of State Health Services (DSHS) licensed Asbestos Consultant Agency (Lic. #10-0182). The inspection covered the areas designated by the client, or areas that might be affected by upcoming construction activities. The inspection was conducted by Guy M. Anderson (Lic. #205272) an EPA accredited and DSHS Licensed asbestos inspector, on March 19 and 25, 2013, to identify materials containing more than one percent (>1 %) asbestos. Background. According to the Environmental Protection Agency (EPA), Occupational Safety and Health Administration (OSHA), and Texas Department of State Health Services (DSHS) regulations, a material is considered to be asbestos containing material (ACM) if one sample collected from the homogeneous area is found to contain more than one percent (>1%) asbestos. Materials that are identified as ACM must be handled by personnel that are trained and certified to work with asbestos. ACM that will be disturbed during construction must be abated in accordance with EPA, OSHA and DSHS regulations, prior to commencing renovation or demolition activities. The scope of construction projects can change. The asbestos inspection report must be reviewed, and untested suspect ACM in the path of construction should be tested, before any work begins. Certain materials such as thermal insulation in pipe chases, vapor barriers behind exterior facades, and multiple layered ceiling applications and floor coverings are typically inaccessible to the inspector, due to their location behind other materials. The construction personnel should be made aware of the possibility of such hidden materials, and if uncovered during work, they must be assumed to be ACM until 6647 Mayard, Houston, Texas 77041 • Phone: (713) 856-5354 ` Fax: (713) 856-8281 U!_ %LY IL 0 W U_ IIi SEP 3 0 2013 UYr� Asbestos Testing Testing Report (Rev.2.3.28.13.pnt.count) Vacant Commercial Building 912 W. Main St. La Porte, Texas testing by a licensed laboratory proves otherwise. Quantities of materials are typically estimated due to accessibility limitations. Asbestos abatement may be necessary prior to construction activities. According to EPA and DSHS Regulations, a Licensed Consultant must prepare an Abatement Specification, and perform Air Monitoring during work. Abatement must be done by a Licensed Asbestos Abatement Contractor. This report is not an abatement specification, and is not intended to be used for bidding purposes. Methodology During an inspection, representative bulk samples are collected from materials that are determined to be suspect asbestos containing materials by an EPA -accredited and DSHS- licensed inspector. Bulk samples are delivered to a NVLAP accredited, and DSHS licensed laboratory for analysis for asbestos by Polarized Light Microscopy (PLM) in accordance with USEPA guidelines (EPA/600/R-93/116). The inspected areas consisted of all the rooms within the interior space. Interior walls consisted of masonry exterior walls, and drywall partitions. Ceilings consisted of suspended grid with acoustical lay -in ceiling tile, and gypsum board ceilings at the north end of the space. Samples were collected from the.2'x4' lay -in ceiling tile, 12"x12" floor tile, drywall assembly materials, gypsum board ceiling texture, and plasterwall assembly materials on March 25, 2013, and delivered to the laboratory (DSHS Lic. #30-0273) for analysis. Point Count Analysis The laboratory was directed to reanalyze the samples of friable materials with more than one percent (>1 %) asbestos, by the "Point Count" Method. The samples were reanalyzed using the more accurate "Point Count" Method in accordance with the recommendations of DSHS and EPA for friable materials containing less than 10% asbestos. The "Point Count" analysis can be used to rebut the PLM results (EPA Control Number C112), as stated in the DSHS Asbestos Regulatory Clarification - 019, dated November 2001. Asbestos was not detected above the regulatory level of one percent in samples of the wall plaster analyzed by the "Point Count" Method. Vapor barrier behind exterior plaster wall contained Chrysotile asbestos. HIES Project #13: 165-7640 . .._,.."..... . Page 2 of of 5 5 (' .J r ECIEYV, SEP 3 0 2013 Asbestos Testing Report (Rev.2.3.28?1'3.pnt.count)_ Vacant Commercial Buildin- g�- 912 W. Main St. La Porte, Texas Results Asbestos was detected above the regulatory level of one percent (1 %) in samples of the following materials collected at the site: Material s ocaon ;. Lti Approximate ." ,,, Quantity Black mastic vapor barrier coating West side of building 1,345 SF The results of the testing can be found in the accompanying laboratory report. AHERA CLASSIFICATION The assessment of asbestos -containing materials by an accredited inspector is required by EPA AHERA regulations (40 CFR 763 Subpart E). The ACM is classified into one of the following categories: (1) Damaged or significantly damaged thermal system insulation ACM. (2) Damaged friable surfacing ACM. (3) Significantly damaged friable surfacing ACM. (4) Damaged or significantly damaged friable miscellaneous ACM. (5) ACBM with potential for damage. (6) ACBM with potential for significant damage. (7) Any remaining friable ACBM or friable suspected ACBM. Sample information and the AHERA classification for the ACM identified in the inspection, if any, is presented in the sample summary table below. BULK SAMPLE SUMMARY Homo- Sample ' Description/Location d Analysis AHERA Quantity Area # Result Class (Approx.) 01 'x4' Ceiling tile, white with fissures and pin holes / N.D. South central area 1 02 'x4Ceiling tile, white with fissures and pin holes / N.D. Southeast area 03 'x4' Ceiling tile, white with fissures and pin holes / N.D. Southwest area HES Project # 13'-'f195-764b " Page 3 of 5 4�' Asbestos Testing Report(Rev.2.3.28.13.pnt.il�nt)�IO; Vacant Commercial Buildin9� La or Main as La Porte, Texas Homo` Sample #' Descriptionll-ocation Analysis AHERA - Quantity geneous Area#: °- .•.. , Result;. "Class (Approx.) 04 12"xl2' Floor tile, white with gray streaks and yellow N.D. mastic / South central area 05 12'x12' Floor tile, white with gray streaks and yellow N.D. 2 mastic / South central area 06 12°x12" Floor tile, white with gray streaks and yellow N.D. mastic / South central area 07 12402' Floor tile, tan marble pattern and yellow N.D. mastic / South area 3 08 12'xl2" Floor tile, tan marble pattern and yellow N.D. mastic / South area 09 12"xl2" Floor tile, tan marble pattern and yellow N.D. mastic / South area 10 Drywall assembly materials / Large room, north side N.D. 4 11 Drywall assembly materials / Large room, north side N.D. 12 Drywall assembly materials / Large room, north side N.D. 13 Gypsum board ceiling texture, white / Hall near N.D. restrooms 5 14 Gypsum board ceiling, texture, white / Hall near N.D. restrooms 15 Gypsum board ceiling texture, white / Hall near N.D. restrooms 16 Drywall assembly materials / North central room N.D. 6 17 Drywall assembly materials / North central room N.D. 18 Drywall assembly materials / North central room N.D. HES Project# 13-1195-7640 - � - ��� Page 4 of 5 0 91"-- 84rP 3 __- Asbestos Testing Report (Rev.2.3.28 '.13 p'ntouno Vacant Commercial Buildini'� 912 W. Main St. La Porte, Texas H6m6-- Simple Description/Location geneous # Analysis AHERA Quantity - . Ai4a i. Class.(Approx.) Samples Collected March 25, 2013 19 Plaster wall assembly materials i Painted Texture N.D. West side, central area 7 20 Plaster wall assembly materials / Painted Texture Black Mastic N.D. 5% Chry. 5 2,690 SF West side, central area Beige Plaster 2% Chry. 21 Plaster wall assembly materials / Painted Texture <1% Chry. West side, central area White Plaster 2% Chry. Note: N.D. = Asbestos was Not Detected Chry. = Chrysotile Asbestos was detected POINT COUNT ANALYSIS SUMMARY Homo'- Sample'`'.:;,Description/Location"7_-. `,,-Point-*"'.' AHERA 0 uarit ity- geneous # Count I Class '-. (LkpProx.) Area # Ahalysis ReiUIO 20 Plaster wall assembly materials Beige Plaster I 0.25% Chry. 7 / West side, central area 21 Plaster wall assembly materials White Plaster I <0.25% Chry. I . / West side, central area I I HES appreciates the opportunity to provide our asbestos consulting services. Should you have any questions, please contact us at (713) 856-5354. Sincerely, Honesty Environmental Services, Inc. Guy M. Anderson Sr. Project Manager Attachments: Photographs Laboratory Analytical Tables Kama] Hussein Executive Vice President HES Projdct#-13'-1195-7640 Page 5 0 . f 5rF li r n ��ii jg Ceiling and floor tile Drywall materials (Non -ACM) HVAC ductwork (Non -ACM) Plaster wall southeast (ACM) View to north Masonry wall, northwest area m w Masonry wall, northwest area n Drywall materials (Non -ACM) Plaster wall west (ACM) Concrete floor Plaster wall east (ACM) Northeast area Plaster wall northwest (ACM) W rn w 0 N O J3 Resources, Inc. SEP 3 0 2013 6110 W.34th Street, Houston, Texas 77092 ... Phone: (713) 290-0221 - Fax: (713) 290-0248 ""' ... _._..__..... - ''""""` `--- resources, Inc:' J3Resources.com Bulk Asbestos Fiber Analysis by Polarized Light Microscopy (PLM) EPA 600/M4-82-020: 600/R-93/116 J3 Order #: JH1350981 Guy Anderson Project #: 13-1195-7640 Honesty Environmental Services, Inc. Date Received: 19-Mar-2013 6647 Mayard Date Analyzed: 21-Mar-2013 Houston TX 77041 Date Reported: 21-Mar-2013 13-1195-7640 Asbestos Non -Asbestos Sample ID # Sample Description Constituents Constituents 01 Ceiling Tile, Whitel Gray, Homogeneous None Detected Cellulose Fiber 45% Fibrous Glass <7 Other Non -Fibrous Material 55% 02 Ceiling Tile, While/ Gray, Homogeneous None Detected Cellulose Fiber 45% Fibrous Glass <1 Other Non -Fibrous Material 55% 03 Ceiling Tile, White/ Gray, Homogeneous None Detected Cellulose Fiber Fibrous Glass Other Non -Fibrous Material 45% <1 55% 04 LAYER 1 None Detected Other Non -Fibrous Material 100% Floor Tile, White/ Gray, Homogeneous LAYER 2 None Detected Other Non -Fibrous Material 100% Mastic, Yellow, Homogeneous 05 LAYER 1 None Detected Other Non -Fibrous Material 100% Floor Tile, While/ Gray, Homogeneous LAYER 2 None Detected Other Non -Fibrous Material 100% Mastic, Yellow, Homogeneous 06 LAYER 1 None Detected Other Non -Fibrous Material 100% Floor Tile, While/ Gray, Homogeneous LAYER 2 None Detected Other Non -Fibrous Material 100% Mastic, Yellow, Homogeneous 07 LAYER 1 None Detected Other Non -Fibrous Material 100% Floor Tle,Tan, Homogeneous LAYER 2 None Detected Other Non -Fibrous Material 100% Mastic, Yellow, Homogeneous Duane alinas Analyst Lee W. Poly ab Director This report relates only to the materials tested. This report Is for the exclusive use of the addressed talent and shall not be reproduced except In full, without written approval by J3 Resources, Inc. (J3). Samples are analyzed according to the methods listed above and are subject to the Inherent limitations of PLM and interference of metric components. Reporting lima for the some method Is a function Of the Quantity Of sample analyzed, matrix Interference, sample preparation, fiber size, and distribution. Asbestos may be detected in concentrations of <1 % by area It sufficient material Is analyzed. J3 racommenda TEM conflrmmlon of Was. vem icul to and non -friable organically bound materials (NOB) reported as None Detected a < 1% Asbestos by PLM. All samples received In good condition unless otherwise noted. This report shall not be used to clalm product approval, certaication, a endorsement by NVLAP. NIST, or any agency of the federal government. NVLAP Lab Code: 200525-0; AIHA Lab ID: 157714; TDSHS License: 30-0273 Page 1 of 4 E(Cip-WE J3 Resources, Inc. SEP 3 0 1013 6110 W.34th Street, Houston, Texas 77092 Phone:(713)290-0221 - Fax:'j713J290-0248 '�— .;;,�resourCes-rn® J3Resources.com w Bulk Asbestos Fiber Analysis by Polarized Light Microscopy (PLM) EPA 600/M4-82-020; 600/R-93/116 Guy Anderson J3 Order#: JH1350981 Honesty Environmental Services, Inc. Project#: 13-1195-7640 rd Date Received: 19-Mar-2013 6647 Maya Houston rd 77041 Date Analyzed: 21-Mar-2013 Date Reported: 21-Mar-2013 13-1195-7640 Asbestos Non -Asbestos Sample ID # Sample Description Constituents Constituents 08 LAYER 1 None Detected Other Non -Fibrous Material 100% Floor Tile, Tan, Homogeneous LAYER 2 None Detected Other Non -Fibrous Material 100% Mastic, Yellow, Homogeneous 09 LAYER 1 None Detected Other Non -Fibrous Material 100% Floor Tile, Tan, Homogeneous LAYER 2 None Detected Other Nan -Fibrous Material 100% Mastic, Yellow, Homogeneous 10 LAYER 1 None Detected Other Non-Flbrous Material 100% Painted Texture, White, Homogeneous LAYER 2 None Detected Cellulose Fiber 12% Wallboard, Brown/ White, Homogeneous Other Non -Fibrous Maledal 88% 11 LAYER 1 None Detected Other Non -Fibrous Material 100% Painted Texture, White, Homogeneous LAYER 2 None Detected Cellulose Fiber 100% Tape, Beige, Homogeneous LAYER 3 None Detected Other Non -Fibrous Material 100% Joint Compound, White, Homogeneous LAYER 4 None Detected Cellulose Fiber 12% Wallboard, Brown/ White, Homogeneous Other Non -Fibrous Material 88% Duane alinas Analyst Lee W. Poly ab Director This report relates only to the materials tested. This report Is for me exclusive use of the addressed client and shall not be reproduced except M Tull, wnnom carmen approval by J3 Resources, Inc. (J3). Somplas are analyzed according to the methods listed above and are subject to the Inherent limitations of PLM and Intederen- of matrix components. Reporting limit for me above method is a function of me quantity of sample analyzed, matrix interference, sample preparation, fiber she, and distnbutlonvAsbestasm y be deeded in concentrations of <tWtyy area if -sufficient material la analyzed. J3 recommends TEMconormation.olsoas. vermludaa.:....,. ..._...... - _. and non -friable organically bound materiels (NOS) reported as None Detected or < 1% Asbestos by PLM. All samples received In good condition unless otherwise noted. This repon shall not be used to claim product approval, certification, or endorsement by NVLAP, NIST, or any agency of the federal government. NVLAP Lab Code: 200525-0; AIHA Lab ID: 157714; TDSHS License: 30-0273 Page 2 of 4 J3 Resources, Inc. 6110 W. 34th Street, Houston, Texas 77092 . -.SEP 3.0•.2013 -._... Phone: (713) 290-0221 - Fax: (713) 290-0246 '" "`"' ""' "' resources, Inc. J3Resources.com B%!—_-- Bulk Asbestos Fiber Analysis by Polarized Light Microscopy (PLM) EPA 600/M4-82-020, 600/R-93/116 Guy Anderson J3 Order #: JH1350981 Honesty Environmental Services, Inc. Project #: 13-1195-7640 rd Date Received: 19-Mar-2013 6647 Maya Houston rd 77041 Date Analyzed: 21-Mar-2013 Date Reported: 21-Mar-2013 13-1195-7640 Asbestos Non -Asbestos Sample ID # Sample Description Constituents Constituents 12 LAYER 1 None Detected Other Non -Fibrous Material 100% Painted Texture, Willis. Homogeneous LAYER 2 None Detected Cellulose Fiber 100% Tape, Beige, Homogeneous LAYER 3 None Detected Other Non -Fibrous Material 100% .. Joint Compound, White, Homogeneous LAYER 4 None Detected Cellulose Fiber 12% Wallboard, Brownt White, Homogeneous Other Non -Fibrous Material e9% 13 Painted Texture, White, Homogeneous None Detected Other Non -Fibrous Material 100% 14 Painted Texture, White, Homogeneous None Detected Other Non -Fibrous Material 100% 15 Painted Texture, White, Homogeneous None Detected Other Non -Fibrous Material 100% 16 LAYER 1 None Detected Other Non -Fibrous Material 100% Joint Compound, White, Homogeneous LAYER 2 None Detected Cellulose Fiber 10% Wallboard, Brown/While, Homogeneous Fibrous Glass <j Other Non -Fibrous Material 90% 17 LAYER 1 None Detected Other Non -Fibrous Material 100% Joint Compound, White, Homogeneous LAYER 2 None Detected Cellulose Fiber 10% Wallboard, Brown/ White, Homogeneous Fibrous Glass <j Other Non -Fibrous Material 90% Duane Sailinas Analyst Lee W. Poly ab Director This report rotates only to the materials tested. This report Is for the exclusive use of the addressed client and shall not be roproduced except In full, without written approval by J3 Resources, Inc. (J3). Samples am analyzed according to the methods listed above and are subject to the Inherent Ilmeallons of PLM and interference of matrix components. Reporting lane for the above method is a function of the quantity of sample analyzed, matrix Interference, sample preparation, fiber size, and —'distribuldn: Asbestos may be detected in corncenaetbns of.<i% byarea If-sufaclardmaterisLla.snalyzed: J3 recommends TEM.confbmatlon of soils. vermkulee and non-hiabta organically bound materials (Noe) reported as None Detected or < 1%Asbestos by PLM. All samples received in good condition unless otherwise noted. This report shall not be used to claim product approval, certification, or endorsement by NVLAP, NIST, or any agency of the federal government. NVLAP Lab Code: 200525-0; AIHA Lab ID: 157714; TDSHS License: 30-0273 Page 3 of 4 jEOViE� J3 Resources, Inc. SEP 3 0 1013 6110 W.34th Street, Houston, Texas 77092 Phone: (713) 290=0221' '= fax:�(713) 290-0248 resources; fn®� J3Resources.com LA Bulk Asbestos Fiber Analvsis by Polarized Licaht Microscor)v (PLM EPA 600/M4-82-020; 600/R-93/116 Guy Anderson J3 Order #: JH1350981 Honesty Environmental Services, Inc. Project #: 13-1195-7640 6647 Mayard Date Received: 19-Mar-2013 Houston TX 77041 Date Analyzed: 21-Mar-2013 Date Reported: 21-Mar-2013 13-1195-7640 Asbestos Non -Asbestos Sample ID # Sample Description Constituents Constituents 18 LAYER 1 None Detected Other Non -Fibrous Material 100% Joint Compound, White, Homogeneous LAYER 2 None Detected Cellulose Fiber 10% Wallboard, Brown/ White, Homogeneous Fibrous Glass <1 Other Non -Fibrous Material 90% Duane alinas Analyst Lee W. Poly ab Director This report relates only to the materials tested. This report Is for Me exclusive use of the addressed client and shall not be reproduced except in full, without written approval by J3 Resources, Inc. (J3). Samples are analyzed according to the methods listed above and are subject to the Inherent limitations of PLM and Interference of matrbc components. Reporting limit for the above method is a function of the quantity of sample analyzed, matrix Interference, sample preparation, fiber size, and ....distribution—UeScba.May.ba Aetected An con"ruratbmacf.<7%.by.meadbsuff dent material Is analyzed. J3.recemmanda T,EM.conl4mWbnaLaolla,.uartalwllte....--.. and non -friable organically bound materials (NOB) reported as None Detected or < 1%Asbestos by PLM. All samples received in good condition unless otherwise noted. This report shall not be used to claim product approval, certification, or andorsamem by NVLAP, NIST, or any agency of the federal government. NVLAP Lab Code: 200525-0; AIHA Lab ID: 157714; TDSHS License: 30-0273 Page 4 of 4 "CHAIN OF CUSTODY EF` VE sip � 0 2013(,7� �_..._ ._. Q!1 resources, inc. Your Name: Guy Anderson Bill to: Honesty Environmental Services Company: Honesty Environmental Services Address: 6647 Mayard Road Address: 6647 Mayard Road City/State: Houston, Texas Zip: 77041 City/State: Houston, Texas zip: 77041 1 PO #: ! Y-' 'il. j' �• `t .p{,,_lf'}! !`iL �` 1 f1' 4 =1 M1 Rh.w' fo.rt�llatl,O.rjlsd]i:��Grt!'+�f!�'3M��:.- YA � lit L. !< MCH*lii'ii�i3Ne^-FtlIJ�.,. .ai 13-1195-7640 guy@honestyenvironmental.com Project#/Name: E-Mail: Guy Anderson Tel: 713-856-5354 Results To: Report Options: Verbal E-Mall ✓ Fax USPS Fax: 713-856-8281 �...'^ �- S. "D}" 5'fn:>wr . b•4 YW:a �ntq- , '. ,r 0../.., 0 Rd_ 'V_l sr..,ar��.���1ayi� Y�ic. uest_ed.aTGch'afio. nd�T;mea�i���?��t>ti,.wMlk��cr Emergency*❑ 1 Day 2 Day © 3 Day 5 Day ❑ -^-�iT}-nn`4 s• L •'i:w. sulm— a wv �«-s� � - uti - . n •r;u i�'ry ^2 i i li' a„�Hy, a_�.a. �xM.ediaandcMe4hodolo TEM—AIR TEM — BULK PLM - BULK MOLD - AIR LEAD -FAA O AHERA O Qualitative + I - �6! EPA 600/R-93/116 O Spore Traps: Non -Viable 0 Paint (EPA 7420) O NIOSH 7402 O NOB 198.4 / Chatfield O Point Count.(400) (Air-O-Cell I Allergenco) O OusttWipes O Level II O Grevlmetric Reduction O NOB 198.6 O Culture Plates: Viable O Air (NIOSH 7082) O Gravimetric Reduction O TCIP (EPA 1311) TEM - WATER TEM - DUST (nsTM 5755) PCM - AIR MOLD-BULK LEAD - GFAA O Drinking Water O Micro -Vac Quantitative O NIOSH 7400 O Tape Lift/Bulk: ID Only O Water (EPA 7421) 100.2 / 198.2 O Micro -Vac Qualitative 0 OSHA: TWA 0 Culture Plates: ID Only O Effluent o Wastewater 0 Air �• 4 ,ycCi � � 5 � � � qw.0 .rr:, e- -�„" M4, aT.. �, w`^'.�,,,t1�tq'AS r. �1` ',[ ai r'� 5 :. 4 . SAMPLE NUMBER LOCATION VOLUME 0 Total Number of Samples Submitted: :r,.: C Date:,3- 17 A Time:*31cwh Relinquished By: '0 Received By: Dater Time: Relinquished By: Date: Time: Received By: Date: Time: EmergencyTATrequies pkrlab notilicatlon All samples analy-zed outside mvmal business hogs are chvge+dal Emergerxyrata J3 Resources, Inc. • 6110 West 3e Street • Houston, Texas 77092 • tel: 713/290-0221 * fax: 713/290-0248 J3 Resources, Inc. SEP 3 0 2013 6110 W.34th Street, Houston, Texas 77092 Phone: (713) 290=0221 ='Fax:`(713)'290-0248 ' - - ©YI=-_' resources,ln® J9Resources.com Bulk Asbestos Fiber Analysis by Polarized Light Microscopy (PLM) EPA 600/M4-82-020; 600/R-93/116 Guy Anderson J3 Order #: JH1351102 Honesty Environmental Services, Inc. Project #: 6647 Mayard Date Received: 25-Mar-2013 Houston TX 77041 Date Analyzed: 26-Mar-2013 Date Reported: 26-Mar-2013 13-1195-7640 Asbestos Non -Asbestos Sample ID # Sample Description Constituents Constituents 19 Painted Texture, White/ Yellow, None Detected Other Non -Fibrous Material 100% Homogeneous 20 LAYER 1 None Detected Other Non -Fibrous Material 100% Painted Texture, White, Homogeneous LAYER 2 Chryso8le 5% Other Non -Fibrous Material 95% Mastic, Black, Homogeneous LAYER 3 Chryso8le 2% Other Non -Fibrous Material 98% Plaster, Beige, Homogeneous 21 LAYER 1 Chryso8le <1 % Other Non -Fibrous Material 100% Painted Texture, White/ Beige, Homogeneous LAYER 2 Chryso8le 2% Other Non -Fibrous Material 98% Plaster, White, Homogeneous Duane aiinas Analyst Lee W. Poly ab Director This report relates only to the materials tested. This report Is for the exclusive use of the addressed client and shall not be reproduced except In Ng, without written approval by J3 Resources, Inc. (J3). Samples are analyzed according to the methods listed above and we subject to the Inherent limitations of PLM and Interference of matrIx components. Reporting limit for the above method is a function of the quantky of sample analyzed, matrix Interference, sample preparation, fiber size, and ,distribuU=Asbestos:may.be,dWect&d,in.concentratbru of. -I% by area a surtident material is analyzed. J3 racornmends.TEM.ronfamation of:solls,wemilwllts-... • - ... _ ..- ._ _-. and non -friable organically bound materials (NOB) reported as None Detected or < 1%Asbestos by PLM. All samples received In good condition unless otherwise noted. This report shall not be used to claim product approval, certification, or endorsement by NVLAP, N15T, or any agency of the federal government. NVLAP Lab Code: 200525-0; AIHA Lab ID: 157714; TDSHS License: 30-0273 Page 1 of 1 F /�.,[ OVE (� `Z SEP 3 0 2013 CHAIN OF CUSTODY Your Name: Bill to: ' S Company: Address: �L-1 7 Address: 10 (— City/State: Zip: City/State: Zip: PO #: Project Information ii Project #/Name: � - I �' L lP E-Mail: Results To: Tel: Re art O tions: Verbal O E-Mail O Fax O USPS O Fax: Requested Turnaround Time Emergency* ❑ 1 Day ❑ 2 Day 3 Day ❑ 5 Day ❑ Media and Methodology TEM — AIR TEM— BULK PLM - BULK MOLD - AIR LEAD - FAA O AHERA O Qualitative + / • O NIOSH 7402 O NOB 198.4 / Chatfield O Level 11 O Gravimetric Reduction b EPA 600/R-93/116 O Spore Traps: Non -Viable O Point Count (400) (Air-O-Call / Allergenco) O NOB 198.6 O Culture Plates: Viable O Gravimetric Reduction O Paint (EPA 7420) O DustMlpes O Air (NIOSH 7082) O TCLP (EPA 1311) TEM -WATER TEM - DUST iAsTM s7ssi PCM - AIR Td � MOLD -BULK LEAD - GFAA O Drinking Water O Micro -Vac Quantitative 100.2 / 198.2 O Micro -Vac Qualitative O Wastewater O- NIOSH 7400 O Tape Lift/Bulk: ID Only , O OSHA: TWA O Culture Plates: ID Only O Water (EPA 7421) O Effluent O Air Sample Information SAMPLE NUMBER SAMPLE LOCATION / MATERIAL VOLUME Total Number of Samples Submitted: Postive Stop: YES NO Signatures Relinquished By: /) Date:.7Z9—/ ime: Jai 3S Received By: Date: 3 _I22yTme: �. Relinquished By: Date: Time: Received By: Date: Time: 'Emergency TAT requires pdorlab notrrrcation. A# samples anayzed outside normal business hours are charged at Emergency rate. J3 Resources, Inc. 6110 West 341° Street • Houston, Texas 77092 • tel: 7131290-0221 • fax: 713/290-0248 1 p g J3 Resources, Inc. ECi'h:_J �6A F 6110 W. 34th Street, Houston, Texas 77092 SEP 3 0 2013 Phone: (713) 290-0221 - Fax: (713) 290-0248 resourceS,fn® J3Resources.com QY!_ - w Bulk Asbestos Fiber Analysis by Polarized Light Microscopy (PLM) 11MIX-111IICI MICHE[in 201fiweT671iw,A - I e • Guy Anderson J3 Order #: JH1351161 Project #: 13-1195-7640 Honesty Environmental Services, Inc. Date Received: 27-Mar-2013 6647 Mayard Date Analyzed: 28-Mar-2013 Houston TX 77041 Date Reported: 28-Mar-2013 Point Count - Ref JH1351102/13-1195-7640 Asbestos Non -Asbestos Sample ID # Sample Description Constituents Constituents 20 Plaster, Beige, Homogeneous Chrysotile 0.25 % Other Non -Fibrous Material 99.75% 400 Pt. POINT COUNT 21 Plaster, White, Homogeneous Chrysotile <0.25% Other Non -Fibrous Material 100% 400 Pt. POINT COUNT Duane -Salinas Analyst Lee W. Poy ab Director This report relates only to the materials tested. This report Is for the exclusive use of the addressed client and shall not be reproduced except in lull, without vnitten approval by J3 Resources, Inc. (J3). Samples are analyzed according to the methods listed above and are subject to the Inherent limitations of PLM and Interference of matrix components. Reporting Ilma for the above method Is a function of the quantity of sample analyzed, matrix interference, sample preparation, fiber she, and .. ...__ ..:._.-�_. Aistribution. hsbestos.may.be.detectedln.concentrations of <t% by area @ sufficient material is analyzed.,J3,recommends TEM.cmflrmation.ot solls,.vemdcolae _. _ , ...._. _.... and non -friable organically bound materials (NOB) reported as None Detected or < 1% Asbestos by PLM. All samples received In good condition unless otherwise noted. This report shall not be used to claim product approval, certification, or endorsement by NVLAP, NIST, or any agency of the federal government. NVLAP Lab Code: 200525-0; AIHA Lab ID: 157714; TDSHS License: 30-0273 Page 1 of 1 -(C(EPVfF SEP 3 0 2013 LOFLIN ENVIRONMENTAL SERVICES, INC. February 15, 2013 CTC Contractors 3410 Yale Street Houston, Texas Subject: Report of Asbestos Survey 912 West Main Street — La Porte, Texas Two Structures Loftin Environmental Services, Inc.; Project No. 200-13-49 Dear Gentlemen, Attached are the results for an asbestos survey, performed on February 11, 2013 at the above referenced facility. The purpose of this work was to identify the presence and quantity of asbestos containing materials associated with the space, and assess those materials that may be disturbed by building renovation. Visual observation of the space revealed wall texture, ceiling tile, joint compound with associated sheet rock, and two types of vinyl floor the with associated mastic. Representative samples of these suspect materials were collected in general accordance with Texas DSHS regulations and submitted to LOFLIN's Houston laboratory for asbestos analysis. All were analyzed using Polarized Light Microscopy (PLM) coupled with dispersion staining in accordance with EPA's Method For The Determination Of Asbestos In Bulk Samples" EPA 600/R/R-93/116, July 1993. Based on laboratory analysis, the wall texture was found to contain 2.4% Chrysotile asbestos, and was observed on the east and west perimeter walls, totaling approximately 1,400 square feet. No other suspect materials were identified. Lotin Environmental Services, Inc. appreciates this opportunity to provide these testing services. If you have any questions concerning this report or the work performed please contact us. Sincerely, Loftin Environmental Service, Inc. Joshua M. Songster Texas DSHS Inspector #602374 2020 Montrose • Houston, Texas 77006 • (713)521-3300 • FAX (713)523-0829 SEP 3 01013 LoNo Environmental Services, Inc. 2020 Montrose Blvd., Houston, Texas 77006 (713) 521.3300 Fax(713)523-0829 LOFLIN NVLAP 10-2044 TDH Lab W-W31 Report of Bulk Sample Analysis For Asbestos Identification Polarized Light Microscopy (PLM) EPA 600/R-93/116, July 1994 Client CTC CONTRACTORS Date Received: 2/122013 Client Address: 34 10 YALE ST., HOUSTON, TX Date Analyzed: 21142013 Project No: 200.13-49 Page 1 of4 Project Name: 912 W. MAIN ST., LA PORTE, TX Lab Field Sample Sample Asbestos Additional Number Number Description Location Detected Constituents L200512' 912-01 L200513 912-02 L200514' 912-0 L200515 912-04 L200516 912-05 WHITE, POWDERY NONHOM (WALL TEXTURE) WHITE, GRANULAR (PLASTER) WHITE, POWDERY HOMOGENEOUS (WALL TEXTURE) WHITE, POWDERY NONHOM (WALL TEXTURE) WHITE, GRANULAR (PLASTER) BEIGE, FIBROUS HOMOGENEOUS (CEILING TILE) BEIGE, FIBROUS HOMOGENEOUS (CEILING TILE) L200517 912-06 BEIGE, FIBROUS HOMOGENEOUS (CEILING TILE) Laboratory Manager EAST WALL WEST WALL NW WALL NONEDETECTED 2-4% CHRYSOTILE NONEDETECTED NONEDETECTED 2-4% CHRYSOTILE NONEDETECTED NONEDETECTED NONEDETECTED CALCITE, QUARTZ, MICA OTHER CALCITE, AGGREGATE OTHER CALCITE, QUARTZ, MICA OTHER CALCITE, QUARTZ, MICA OTHER CALCITE, AGGREGATE OTHER 40% CELLULOSE 30% MINERAL WOOL PERLITE, OTHER 40% CELLULOSE 30% MINERAL WOOL PERLITE, OTHER 40% CELLULOSE 30% MINERAL WOOL PERLITE, OTHER 'Asbestos -containing materials - The type and percentage of various fibrous components was determined by the microscopist in accordance with U.S. Environmental Protection Agency 'Method For The Determination Of Asbestos In Bulk Samples' EPAXO&R-93r116, July 1993. Departures from the test method: None The above test report must not be used by the client to claim product endorsement by NVLAP or any other agency of the U.S. Government. Analysis results on this test report pertain only to those materials tested. Disclaimers: Asbestos content is quantified using Calibrated Visual Estimate. PLM analysis has been known to be inaccurate for materials with low concentrations of asbestos. Negative PLM results cannot be guaranteed. LES recommends using TEM analysis for materials reported as <1 % or none detected. This report may not be reproduced, except in full, without written approval by LES. SEP 3 0 2013 - Lollin Environmental Services, lnc..2020 Montrose.Blvd.; *Houston; -Texas 77008_---'--- (713) 521-3300 Fax (713)523-0829 L� LOFLIN NVLAP 10.2044 TDH Lab 30-0031 Report of Bulk Sample Analysis For Asbestos Identification Polarized Light Microscopy (PLM) EPA 600/R-93/116, July 1994 Client: CTC CONTRACTORS Date Received: 21122013 Client Address: 3410 YALEST, HOUSTON, TX Date Analyzed:21142013 Project No: 200-13-49 Page 2 of 4 Project Name: 912 W. MAIN ST., LA PORTE, TX Lab Field Sample Sample Asbestos Additional Number Number Description Location Detected Constituents (Components) L200518 912-07 TAN, GRANULAR NONE DETECTED CALCITE, VINYL, QUARTZ NONHOM (FLOOR TILE) YELLOW, CRUMBLY NONE DETECTED OTHER (MASTIC) GRAY, CRUMBLY NONEDETECTED CALCITE, QUARTZ, OTHER (OTHER) L200519 912.08 TAN, GRANULAR NONEDETECTED CALCITE, VINYL, QUARTZ_ NONHOM (FLOOR TILE) YELLOW, CRUMBLY NONEDETECTED OTHER (MASTIC) GRAY, CRUMBLY NONEDETECTED CALCITE, QUARTZ, OTHER (OTHER) L200520 912-09 TAN, GRANULAR NONEDETECTED CALCITE, VINYL, QUARTZ NONHOM (FLOOR TILE) YELLOW, CRUMBLY NONEDETECTED OTHER (MASTIC) GRAY, CRUMBLY NONEDETECTED CALCITE, QUARTZ, OTHER /� (OTHER) _ 1(LJ Laboratory Manager 'Asbestos -containing materials - The type and percentage of various fibrous components was determined by the microscopist in accordance with U.S. Environmental Protection Agency 'Method For The Determination Of Asbestos In Bulk Samples' EPA/60NR-93/116, July 1993, Departures Imm the test method., None The above test report must not be used by the client to claim product endorsement by NVLAP or any other agency of the U.S. Government. Anatysis results on this test report pertain only to those materiels tested. Disclaimers: Asbestos content is quantified using Calibrated Visual Estimate. PLM analysis has been known to be inaccurate for materials with low concentrations of asbestos. Negative PLM results cannot be guaranteed. LES recommends using TEM analysis for materials reported as <1 % or none detected. This report may not be reproduced, except In full, without written approval by LES. 6- ck�_8llz', SEP 3 0 2013 Win. Environmental Services, Inc. 2020 Montrose Blvd., Houston, Texas 77006 (713) 521-3300 Fax (713)523-0829 Report of Bulk Sample Analysis For Asbestos Identification NVLAP 10-2044 Polarized Light Microscopy (PLM) TDH Lab 30-W31 EPA 600/R-93/116, July 1994 Client: CTC CONTRACTORS Date Received., 2/122013 Client Address: 3410 PALEST., HOUSTON, TX Date Analyzed: 21142013 Project No:200-13-49 Page 3 of 4 Project Name: 912 W. MAIN ST LA PORTS, TX Lab Field Sample Sample Asbestos Additional Number Number Description Location Detected Constituents (Components) L200521 912-10 RED, GRANULAR WOMENS NONEDETECTED CALCITE, VINYL, QUARTZ NONHOM RESTROOM (FLOOR TILE) YELLOW, CRUMBLY NONEDETECTED OTHER (MASTIC) L200522 912-11 RED, GRANULAR WOMENS NONEDETECTED CALCITE, VINYL, QUARTZ NONHOM RESTROOM (FLOOR TILE) YELLOW, CRUMBLY NONEDETECTED OTHER (MASTIC) L200523 912-12 RED, GRANULAR WOMENS NONEDETECTED CALCITE, VINYL, QUARTZ NONHOM RESTROOM (FLOOR TILE) YELLOW, CRUMBLY NONEDETECTED OTHER (MASTIC) L200524 912-13 WHITE, POWDERY NONE DETECTED CALCITE, QUARTZ, MICA HOMOGENEOUS OTHER (JOINT COMPOUND) L200525 912-14 WHITE, POWDERY NONE DETECTED CALCITE, QUARTZ, MICA HOMOGENEOUS OTHER (JOINT COMPOUND) A%1-ts �o Laboratory Manager 'Asbestos -containing materials - The type and percentage of various fibrous campdhents Rw\ads determined by the microscopist in accordance with U.S. Environmental Protection Agency 'Method For The Determination Of Asbestos In Bulk Samples' EPAZO&R-M 16, July 1993. Departures from the test method: None The above test report must not be used by the client to claim product endorsement by NVLAP or any other agency of the U.S. Government. Anaysis results on this test report pertain only to those materials tested. Disclaimers: Asbestos content is quantified using Calibrated Visual Estimate. PLM analysis has been known to be inaccurate for materials with low concentrations of asbestos. Negative PLM results cannot be guaranteed. LES recommends using TEM analysts for materials reported as <1% or none detected. This report may not be reproduced, except In full, without written approval by LES. ey -- -- -- - .. Lotlin Environmental Services, Inc. 2020 Montrose Blvd:, Houston;:Texas.77006 (713) 521-3300 Fax(713)523-0829 L. LOFLIN Report of Bulk Sample Analysis For Asbestos Identification NVLAP 10-2044 Polarized Light Microscopy (PLM) TDH lab 30-0031 EPA 600IR-931115, July 1994 lz:`Dj�11#4 SEp 3 0 ?013� Client: CTC CONTRACTORS Date Received., 211212013 Client Address: 3410 YALE ST., HOUSTON, TX Date Analyzed: 21142013 Project No: 200-13-49 Page 4 of 4 Project Name: 912 W. MAIN ST. LA PORTE, TX Lab Field Sample Sample Asbestos Additional Number Number Description Location Detected Constituents (Components) L200526 912-15 WHITE, POWDERY HOMOGENEOUS (JOINT COMPOUND) _ I ((S Laboratory Manager NONE DETECTED CALCITE, QUARTZ, MICA OTHER 'Asbestos -containing materials - The type and percentage of various fibrous components was determined by the microscopist in accordance with U.S. Environmental Protection Agency 'Method For The Determination Of Asbestos In Bulk Samples' EPANOOIR-931116, July 1993. Departures from the test method., None The above test report must not be used by the client to claim product endorsement by NVLAP or any other agency of the U.S. Government. Analysis results on this test report pertain only to those materials tested. Disclaimers: Asbestos content is quantified using Calibrated Visual Estimate. PLM analysis has been known to be inaccurate for materials with low concentrations of asbestos. Negative PLM results cannot be guaranteed. LES recommends using TEM analysis for materials reported as c1 % or none detected. This report may not be reproduced, except in full, without written approval by LES. 5rM - enr a N 86'65'99" S ^' 125-00 b� 8 0 vmi xa O f I l . TRACT E'0.241. ACRES °x CL d W H' •O' P.O.B. o TRACT 2 tm m • S 8W55'39" jr — fE5.00 P.O.B. -N 86'65*39' S •.• 169.00' . ' TRACT 7 I I b .. $ 4 1 I � 'i '�': I 1!1 � � � tltOl6WtIM N re6F r E. TRACT Y SlIKV14AIDf wn w 0 mr Is m n i 0 eau WEST MAIN STREET xy "r. BEAR LAND am x r v.r, m A ; SURVEYING CO. , ;'"""rx„7�:,'_w.x � ye _wed vev I �v.a .. ..i �."S W 2...T—....:...... r ino rarnxv arxor 6 x avers maim n >HI ty°i • T ev = h)t cmmmv a/ aao� a v w '1*�(c a ra rorx ar unmc sa r7va® emn xort ooasvovs i.=a ..i:" I cn 86-&r39" F ci CV2 6y O.B�ACTCRES • W6 vi TRACT s ...5,55.9- Ir l25.00, - P.0-B. TRACT f If BV55,39, ff - 169 00' w " mm N 201 0 20 Dt ME- I TRACT Y 0.4Z5 ACRET7 BEAR LAND SURVEYING CO. WEST MAIN STREET so I LY 126.00, BGINq 86 39, 20 C! C7C 2 14 k o.N 'I f�S P.O.H. TRACT 2 s .55'39- 7— 125-00 P.0-8. . . . . 1690 TRACT I K5 TRACT Y O 0.425 A N 201 0 20 40 60 Sccl&- V 20- BEAR LAND amr s m I.. m A SURVEYING CO. MAIN STREETMUM WEST V .4-g W off m C= ff WARRANTY DEED WITH American Title Co: DP GFtl1229-U-1667' THE STATE OF TEXAS § . § COUNTY OF HARRIS § 1 HE0O REBGS I'lFE hREC-NNpG�hE PNciils% p�1 KNOW ALL MEN BY TI4ESE PRESENTS: NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT THAT 'TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. That CAMPISE& BERTUGLIA INVESTMENTS;, LLC, a Texas limited liability company (hereinafter referred to as "Grantors" whether one or more), for and in consideration of the stun of TEN AND NO1100 (SI0.00) DOLLARS and other good and valuable consideration to them in hand paid and caused to be paid in the manner hereinafter stated by.NEWFAITH DEVELOPMENT,. LLC (hereinafter referred to as "Grantees" whether one or more), the receipt of which is hereby acknowledged and confessed, have GRANTED, BARGAINED, SOLD .and CONVEYED, and by these presents do GRANT, BARGAIN, SELL'.nnd CONVEY unto the said Grantees, all of the'following described real property, together with all improvements thereon situated (collectively, the "Property"), said property being descriRd:as follows, to -wit: Being a 0:425 acre tract or parcel onand silunled In the Johnson Hunter Survey, Abstract No. 35, Harris County, Texas, and being all of Lots 11, 12, 13, 14, 15, 18 and 19 in Block 52 of the Resubdivisiou of Blocks 37 to 60 of the Town of Ln Porte, nsubdivision according to the map or plat (hereof recorded. In Volume 67 Page 106, of the Deed Records of Harris County, Texas, SAVE AND EXCEPT all of that called 2519 square feet tract as described in deed to the Slate of Texas recorded in Volume 4569 Page 499 of,the Dced Records of Harris County, Texas, all that called 0.002 acre tract as described indeed to,the City of Lo Porte recorded -in Hnrris County Clerics File No. 20070201279 and a 2.50' by 10.25' portion along the south line of said Lot .15 for,lhe existing Gatewny Tower structure, snid 0.425 acre tract being'more particularly described by metes and bounds as follows; BEGINNING at a "z" set-in concrete on the existing cast line of State Highway 146, 300' R- O-W and the west line of said Block 52 for the northwest corner of said Lot 11 and the northwest corner of the herein described tract, from .which a found "x" bears S 20921'15" E a distance ofd.86.fccl; THENCE N 86e55'39" E, along the norlh.line of said Lots 11, 12, 13, 14, 15, 18, and 19 Block 52 and the south line of a 16 feet wide alley, a distance of 169.00 feet to a "X" set In concrete ,for the northeast corner of said Lot 19 mid the northeast corner of the herein described tract; Warranty Deed With Vendor's Lien Page I CITY COUP my THENCE S 03004'-21' E, along the common Ilnc;of said Lot 19 and Lot 20 orsaid Block 52, a distance -of 125.00 feet to a "X" set in concrete on.lhe north line of Wcst.Main Street, 85 feet R-O-W and the south line of said Block 52dor the, southenstcorner-,of the herein described tract; THENCE S 86°55'39" W, along the north line of West Main Street and the south line of said .Lots 19, 18 and a portion of 15 a distance of 48.75 feet to a "X" set in concrete for corner, from which a found"X" bears S 48004M 'E a distance of 0.14-feel; THENCE N 03004'21" W, over and across n portion ofsal0'Lot 15, a distnnce of 2.50 feet to a "X" set for on interior of the herein described tract; THENCE S 86055'39" W, parallel to the north line of West Main Street and the south line of said Block 15, n disimicc or 10.25 reel to a "X" set• for an Interior on (lie herein described tract; THENCE S 03004'21" E, a distance or2.50 feet to a "X" set on the north line of West Main .Street and the south line of sold Block 52, for,the beginning of a curve, from which n found "X" bears S 39012'49" W a.distance of 037 feet; THENCE Northwesterly, along a curve to the right having n radius of 110.00 feet, a central `angle of 90000'00", an arc length of 172.79, n chord bearing -of N 48004'21" W, and a chord distance of 155.56 feet to a 1/2" "fron rod with plastic cap stamped "RPLS 4980" set on the cast line of State Highway 146 and the west line of snid Lot I and Block 52 row end of said curve; THENCE N 03004121" W, along the east line of State.Highway 146, the west line of said Lot 11 and'tho west line of snid. Block 52, a distance of 15.00 feet to the POINT OF BEGINNING containing ncalculntcd area at 0.425 acre of land. TO HAVE. AND TO HOLD the Property, together with all and singular the rights and appurtenances, thereto in anywiso belonging, unto Grantees, their heirs, legal representatives, successors and assigns forever, and Grantors do hereby bind themselves, their heirs, legal representatives, successors and assigns to WARRANT AND FOREVER DEFEND all and singular the Property unto Grantees, their heirs, legal representatives, successors and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, subjcct, however, to the matters herein.excepted. This conveyance is made and accepted subject to all exceptions, covenants, conditions, reservations, easements, mineral conveyances and leases affecting the Property, and to.all other matters shown of record in the County Clerts office where the Property, or any part thereof, is located, and to. rights of parties in possession, if any. The consideration hereinabove recited includes the sum of FOUR HUNDRED THIRTY-FIVE THOUSAND AND NO1100 ($435,000.00) DOLLARS paid to Grantors out of the funds of a certain promissory note dated even date herewith, executed by Grantees, payable to the order of TEXAS CITIZENS. BANK, N.A., in the principal sum of S435,000.00, bearing interest et the rate as therein provided, principal Warranty Deed With Vendor's Lien Page 2 l i t I and interest payable to the order of TEXAS CITIZENS DANK, N.A. on the dales therein stated and in the amounts therein specified, which sai&Note is secured, in addition to the vendor's lien herein retained, by a Deed of Trust dated even date herewith, upon and covering the Property, executed by Grantees to MICHAEL CORNETT; Trustee for the benefit of TEXAS CITIZENS DANK, N.A. To secure the payment of the herein described Note, a Vendor's Lien and Superior Title, are retained against the Property until said consideration ror said property is fully paid and satisfied according to the face, tenor, effect and reading of said Note, whereupon this Deed shall become absolute. TEXAS CITIZENS DANK, N.A., at the instance and request of the Grantees herein, having advanced and paid in cash to the Grantors herein that portion of the purchase price of the herein described property as is evidenced by the hereinabove described Note, the Vendor's Lien, together with the Superior Title to said'property, are htrcby TRANSFERRED AND ASSIGNED to Said TEXAS CITIZENS DANK, N.A. Ad valorem taxes and maintenance fees, if any, have been prorated between Grantors and Grantees as of the date hereof, and Grantees assume the obligations to pay same as they become due and payable subsequent to the date'hcreof. Words of any gender used in this document shall be -held and construed to include any other gender and words in the singular number shall be held to include the plural and vice versa unless to context requires otherwise. DULY executed'the A day of 2013. MPISE & DERTUGLIA INVESTMENTS, LLC, a Texas,limlted liability company By: MARION C�/ PISE Managing Member D JOSEPH DERTUGLIA Managing Member Warranty Deed With Vendor's Lien Page 3 THE STATE OF TEXAS COU (1 Y OF HARRIS § This instrument was acknowledged before me on this the rL- day of 2013 by 'MARION CAMPISE and JOSEPH ERTU LIA; both Managing. Members of CAMPISE& EERTUGLIA INVESTMENTS, LLC, a' Texas limited liability company, on behalf ofsanie. EikIleY Conupi35i0n Erpirag Jonuory 16, 2015 Nola ub Ic in and fort e State of TEXAS Address of Grantees: CL7/ -77S'1/ After recording; retum to: Warranty. Deed With Vendor's Lien Page 4 Prepared by and return to: Jennifer & Barra, Esquire Starllcld &Smith, P.C: 1300 Virginia Drive, Suite 325 Fort Washington, PA 19034 CAD# 023-.185-000-0011 CA D JI 023-185-000-0014 CADY 023-185-000-0031 DEED OF TRUST OPEN-END DEED OF'rittusT,.SECURITY AGREEMENT AND FIXTURE FILING THIS DEED OFTRUST SECURE&FUTIIRE ADVANCES NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU AREA NATURAL PERSON, YOU MAY REMOVE OR3TRIKE ANY OR ALL OF 11IE FOLLOWING INFORMATION FRONT THIS INSTRUMENTBEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. THIS IS A PURCHASE MONEY IST DEED OF TRUST. THIS.DEED OF TRUST is made as.of th °Z�* a0p by.and bchvccn Nc%%4!'with Development,'LLC,withanaddress of101King Willia Drive, .La'Porte,'rX77571("Grantor"),and Michael Cornett, with an address of do Texas Citizens. Bank, N.A. 4949,Farianont Parkway, Pasadena, TX 77505 ("Trustee'). RECITALS Texas Citizens Bank, N.A., having a place of business at 4949 Fairmont Parkway, Pasadena, TX 77505 ("Lender"), has agreed, pursuant to a Loan Agreement of even date herewith (the"Lanai Agreement"), and subjpctdo.thetcrms set forth therein, to make.a loan to Grantor in an aggregate amount or Four Hundred Thirty -Five Thousand Dollars and'No'Cents ($435,000.00) (the "Loan"),.the Loan Agreement constituting the considcration for this Deed ofTrusL Grantor and Linens n Decor, LLC (collectively, the "Borrower") has duly executed its promissory note of even,date hemvith (the "Note") to evidence the terms of repayment of the Loin with interest at the rate or rates established from time to time in accordance with the ternns set forth therein, which Note has been delivered by Grantor to the Lender (the Lender and any assignee or other lawful owner of the Note being hereinafter sometimes called "Holder"). The etuirc unpaid balance of principal and interest, if not sooner paid,'sliall be due and payable Twenty -Five (25) years from the date hereof. All things necessaryto make the Note the valid, binding and legal obligation of Grantor, and to make this Deed ofTrusi a valid, binding and legal instrument for the security of the Note in accordance with its terms, have been duly, performed,and the execution and delivery of the.Note mid this Deed of Trust by Grantor have been in all respects duly authorized. It has been agreed that the repayment of the Loan with interest, according to the terms orthe Note and any alterations, modifications, sututilutions,,cstensiorasor renewals thereof, as well as the perfomaence of the other covuc emus, terms and conditions herein, should be secured by the execution of this Deed of Trusl,.Which also shall secure payment by Grantor pf all costs. and expenses incurred in respect to the Loan, including reasonable attorney's feesasis hereinaller provided. NOW, THCREFORC, WITNCSSLTI I: in consideration: of the premises and of other good and valuable considerations, the receipt of which is hereby acknowledged, Grantor grants, assigns,.conveys and transfers unto the Trustee; their and each of lhcir-successor or successors'ir the trust and assigns, in fee simple; all that land situate in the City of La Porte, County of lfarris; Slate of Texas, commonly known as 912 West Main Street, CADN 023-185.000-0011, CAD# 023-185-000-0014, and CADN 023-I85.000- 0031and more particularly described in Cxhibil A attached hereto and made apart hereof (the "Land") and the buildings, structures, fixtures, additions, enlargements, extensions; modifications, repair, replacements and improvements now or hereafter located thereon (hereinafter sometimescalled the "Improvements"). TOGETHER with all (lie walks, fences, shrubbery, driveways, fixtures, equipment, machinery, apparatus, fittings, building materials and other articles ofpersonnl property ofovery kind and nature whatsoever, now or hereafter ordered for eventual delivery to the Land (whether or not delivered:thereto), and all such as are now or hereafter located in or upon any interest or estate in the Land or any part thereof and used or usable in connection with any present or future operation of the Land now owned or hereafter acquired by Grantor, including, without limiting the generality of the foregoing, all healing, lighting, laundry, clothes washing, clothes drying, incinerating and power equipment, engines,' pipes, tanks, motors, conduits, switchboards, plumbing. Bring, cleaning, fireiprevenlion, fire -extinguishing, refrigerating, ventilating, and communications apparatus, television sets, radio systems, recording systems, computer equipment, air-cooling and air-conditioning apparatus; elevators; escalators, shades, awnings, draperies, curtains, films, furniture, furnishings, carpeting, linoleum andother floor coverings, screens, storm doors and windows, stoves; gas mid electric ranges, refrigerators; garbage disposals, sump pumps, dishwashers, washers, dryers, attached cabinets, partitions, ducts and compressors, landscaping, swimming pools, Iavn and garden equipment, security systems and including all equipment installed or to be installed or used or, usable In the operation of the building or buildings or appurtenant facilities erected or to.be erected In or upon die Land; it being understood that all of the aforesaid shall be deemed to be fixtures and part of the Land, but whether or not of the nature or rwurgs they shall be deemed and shall constitute per( of the security for the Obligations herein mentioned and shall be covered by this Deed of Trust. Disposition of any of the aforesaid or of any interest therein isprohibited; however, irony disposition is made In violation herrol',the Trustec shall, have a. security interest in the proceeds therefrom to the fullest extent permitted by the laws of.the. State of Texas; and TOGErIiER with all and singular the rights; alleys, ways, waters, easements; tenements, privileges, advantage, accessions herci itamenls and appurtenances belonging or in anyway appertaining 'to the.Land and other property described herein, and the reversions and remainders, earnings, revenues, 'rents,'issues aidproflts thereof and Including any right, title, interest or estate hereafter acquired by Grantor in the. Land and other properly described herein; and; TOGETHER with all the right, title and interest (but not'the obligations) of Grantor, present and future, in and to all present and future nccounts, contract rights (including all fees and other obligations set forth in the Lenders commitment to make the Loan), general intangibles, chattel paper, documents and instruments including but not limited to licenses, construction contracts, service contracts, utility contracts, options, permits, public works agreements, bonds, deposits and payments thereunder, relating or appertaining to the Land and other property described herein and its development, occupancy and use; and TOGETHER with any right to payment l'or scrvices rendered;whcthcr or not yet earned by pof romance, arising from the operation of the improvements or any other facility arthe Laid, including, without limitation, (1) all accmmts arising from the operation of the improvements and all proceeds thereof (whether cash or non -cash, movable or immovable, tangible or intangible) received upon the sale, exchange, transfer, collection or other disposition or substitution thereof. and (2) all rights to payment from any consumer cmdittdragc card .orgamizaronor entity, including, without limitation, payments arising from the use of the American Express Card, Visa Card, Carte Blanche Card, MasterCard, Dinces Club, or any other.credit card, including those now existing or hereinafter created or any substitution therefor and all (o0a1t99S;v1 I proceeds thereof (whether cash ornowcash, movable or immovable; tangible or intangible) received upon the sale, exchange, transfer, collection or other disposition or substitution thereof; and TOGETHER with all of the rents, royalties, revenues, income, proceeds, profits and other benefits paid or payableby.parties to the leases for using, leasing, licensing, possessing, occupying, operating ftom, residing. in, selling or otherwise enjoying the Land„ the improvements, and other properly securing the Obligations, or any portion thereof. As used in this Deed of Trust, the word "leases" includes any and all leases; subleases, licenses, concessions, reservations, accounts; permits, contracts, and other agreements (oral or written; now or hereafter in effect) which grant possessory intcrestor right of occupancy in and to, or the right to use, or affect all or part of the and, the improvements, and other property securing the Obligations, or any porlio'thercof; and TOGETHER with all proceeds of and any unearned premiums on any insurance policies covering the property (hereinafter defined), including, without limitation,. the right to receive and apply the proceeds of any insurance, judgments, or settlements made in lieu thereof, for damage to the Property or any part thereof; and TOGETHER with all proceeds derived from any taking by condemnation or eminent domain proceedings or transfer in place or In anticipation lhercofof all or oily part of chic properly described in these granting cluuses; TO HAVE AND TO HOLD the Land with improvements thereupon arld all die rights, casements; profits and appurtenances and other property described above (all of which Is hereinafter sometimes called the "Property") belonging unto and to the use of the Trustee, and their and each of their successor or succcssors•in de Wit and assigns, in fee simple forever; BUT IN TRUST, NEVERTHELESS, for and upon the uses, intents and purposeshereinafter mentioned, that is to say for the benefit and security of Holder and for the enforcement of the payment of the Loan, the Note and all other loans, advances, debts, liabilities, obligations, covenants and duties owing. by the Borrower and/or Grantor to the Lender (and itssuccessors and/or assigns) orally kind or nature, present or future (including ally interest accruing thereon after maturity, or alter the filing of any petition in bankruptcy, or the commencement of tiny insolvency, reorganization or like proceeding relating to the Borrower or Grantor, whether or not a claim for post -filing orposl-petition interest is allowed in such proceeding); whether director indirect (including those acquired by assignment or participation), absolute or contingent, jointor several, due or to become due, nowexisting or hereafter arising, express or implied; under any'documents evidencing or executed in connection with any.of the foregoing; and any amendments, exiensions, substitutions, renewals, replacements and/or increases of or to ally of the foregoing, and all costs and expenses of the Lender incurred in the documentation, negotiation, modification, enforcement, collection and otherwise in connection'with oily of the foregoing, including reasonable altomeys'.fccsand a pein4es (hereinafter referred to collcclivcty as the "Obligalimis"). Unless expressly provided to the contrary in documentation for any other loan or loans, if is the express intent of the Lender, -the Borrower and the Grantor that all Obligations, including those included in, arising out oror related to the Loan, be crass -collateralized and crass -defaulted, such that collateral securing -any of the Obligations shall secure repayment of all Obligations and default under any Obligadorshail boa default under all Obligations; SUBJECT, HOWEVER. to the superior liens and rights of the holders of the contracts and itWrumenis secured by airy instruments that nuty be described in Exhibit B to this Deed of Trust (the "Permitted RncumbrancWt PROVIDED, HOWEVER, that if Grantor shall pay or cause to be paid to Holder all sums secured hereby in the mamma stipulated in the Note, the Loan Agreement and this Deed of Trust, then aid in such ;sere, the estate- right, title and interest of the Trustee in the Property shall cease, determine and become yard, and upon proof being given to the satisfaction of the Tn=cc dart the Note has been paid or satisfied, inaocordan ie with its terms and upon payment of all fees, cost% charges, exposes and liabilities dnvgsable or:mnared or to be incurred by the Trustee and of any other stuns as in this Deed of Trost faatsvrrot J 3 provided, the Trustee shall, upon receipt of the written request of Holder, and at the expense of Grantor, release and discharge this Deed of Trust of record, and shall transfer and deliver up to Grantor any property at the time subject to this Deed orTmst which may be then in their possession, provided the Trustee - hereunder shall be entitled to a fec of Twenty Dollms (S20.00) each for the release and reconveyance of the Property or any partial release andreconveyance; ANDTHIs DEED OF TRUST FURTIIER WITNESSETH', that Grantor ljoinlly and severally if more than one). has covenanted and agreed and does hereby covenant and agree with the Truslee and with Holder as follows: ARTICLE.1. DEFINITIONS 1.1 Derinitiaim All capitalized terms used herein and not otherwise defined'shall.have the respective mcunings'sct forth or rel'urred to in the Latin Agreement. ARTICLE IL. COVENANTS AND AGREEMENTS OF GRANTOR 2.1 Incorporation of Covenants,,Coudlalons and Agreements. All the covenants, conditfons.and agreements contained in the Loan Agreement, the Note and the other Loan Documents arc hereby made.a part of this Deed of Trust to the some extent and wifh,the some force as. if fully set f6rth herein. 2.2 Title to the Properly. Grantor covenants (hot at the time of the execution and delivery of this Deed of Trust it has good title to all of the property described in the granting clauses of this Deed of Trust as being.presently granted, assigned, conveyed and lransfcrred hereunder, free and clear of all tiers and encumbrances except for the Permitted Encumbrances; Grantor hereby does and will forever warrant generally and defend the title to the Property, and every part thcrcof,.whether now owned or hereaflu acquired, unto the Trustee and their or each of their successor or successors in the trust and assigns, against all claims and demands by any person or entity whatsoever; Grantor covenants that Grantor shall comply with all the terms, covenants and conditions of all agreements and instruments, recorded and unrecorded, affecting the Property; Grantor covenants that it has good right and lawfulauthorityto mortgage, give, grant, pledge, assign and convey the Property in the manner and corm herein provided. 2.3 Further Assurnnces. At any and all times Grantor shall flrrtnish and record all and every such fluilier assurances as may be requisite ores the Trustee shail.reasonabfy require for the betterassuriina and confirming unto the Trustee the estate and property hereby granted, assigned, conveyed or transferred, or intended so to be whether now owned or haeallcr acquired_; Grantor shall bear allexpenses, charges and taxes in connection therewith. 2.4 'Escrow for Taxes. To better securethe covenainfto pay.laxes aid'Ibes'in the Loan Agreement, Grantor agrees that, if Holder so requests, Grantor shall deposit with .Holder 'on the day ofeach month'on which a paymeut of interest: is duc.under the Note, beginning with the month following such. request, one-hvelRh of theannual taxes next due as estimated by Holder, plus onc-twelfth of the annual fire, hazard and other insurance premiums asrequired herein, such deposit to be held by Holder, without interest, to pay said laces and premiums. I f payments of interest arc due under the Note other than monthly, appropriate adjustment stall be made in the amount of the aforesaid periodic deposits. Any amounts deposited pursuant to the provisions of this Section, shall not be, not be damned to be„trust funds, nor shall they operate to curtail or reduce [he Obligations secured hereby, and all such amounts may be commingled with the generallbnds of the depositor and be deposited with Holder or a an institution designated by Holder. Holder shall not be rcspronsiblc for the solvency ofsuch institution, ,provided it is insured by the Federal Deposit (insurance Copwation or other regulatory agency a the time ofdesigrauion. If at any time Holder shall detnmire that the amount that on deposit shall be insufficient to pay an obligation in fu11; Grantor shall immediarly tiller demand deposit with Bolder the amount or the deficiency determined by Holder. Nothing contained in this Section shall be deemed to affect any right or «medy of Bolder under any provislons of this Deed of Trust or of any statute or rule of law to pay any such amount and to add die amount so paid, together with interest at the rate provided for.in the Note, to Om Obligations secured hereby. 2.5 Change In: Tax Law. In the event of the passage alter date of this Deed of Trust of any law changing in any way the laws for die taxation of deeds of trust or debts secured by deeds of trust, or the manner of collection of any such taxation so as to affect this Deed of Trust, Holder may give thirty (30) days' written notice to Grantor requiring the payment of the Obligations secured hereby. If such notice be .given, the Obligations secured hereby shall become due and payable at the expiration of said thirty (30) days; provided, however, that such requirementof paymailahall be ineffective if Grantor irpermitted by law to pay the whole of such lax in addition to all other payments required hereunder, without any penalty or charge thereby accruing to Holder, and if Grantor in fact pays such tax prior to the date upon which payment isrequired by such notice. 2.6 Activities on (lie Properly. Grantor shall not suffer any acl.lo be done or any conditions to exist on the Property or. any pail thereof or any thingor article_ to be brought thereon (i) which may cause structural injury to die improvements on the Land; or (d) which would cause the value or usefulness of the Property:or any part thereof to diminish (ordinary weer and tear excepted); or (iii) which may be dangerous, unless safeguarded as required by law; or (iv) which may in fact or in law, constitute a nuisance, public or private;.or (v) which may void or make voidable any insurance then in force or required by the terms of this'Dced of Trust, the Loan Agreement to be in Ibree. 2.7 Additional insurance. In addition to the provisions of and to the extent not so provided by the Loan Agreement, Grantor shall at all'timm maintain during the entire term of this Deed of Trust the following insurance, In form aridsubstance satisfactory to Holder. (a) Commercial General Liability. Grantor shall at all times keep itself insured against liability for damages arising from any accident or casualty in or upon the Properly by maintaining commercial general liability insurance in an amount acceptable to Holder and under forms and by companies approved by Holder. (b) Business Interruption Insurance. Grantor shall at all times maintain in.tbll force and effect business interruption insurance In an amount acceptable to Holder.and under forms mid by companies approved by I ]older. (c) Workers' Compensation. During any constriction, repair,; restoration or replacement or improvements on the Land, Grantor shall cause all contractors mid subcontractors (including Grantor if it acts as a contractor) to obtain and. keep In effect isorkers' compensation.insuranec to the ibit extent required by applicable law and also which shall cover all employees of each contractor and subcontractor, upon demand,: Grantor shall provide evidence smisfactory to Holder that it is complying with this covenant. All, insurance for loss or damage shall provide that losses, if any, shall bepaynble.to I lolder,as its interest may appear. Grantor will pay the premiums for all insurance and deliver to Holder the policies of insurance or duplicates thereof, or other evidence satisfactory to Bolder of such insurance coverage. Each insurer shall agree, by endorsement upon the policy or policies issued by it, or by independent instrument furnished to Holder, (bit (i) it will give Holder thirty (30) days' prior written notice orthe effective date of miy material alteration or cancellation of such policy; and (ii) the coverage of Holder shall not be tenninaled, reduced or affected in any manner regardless of any breach or violation by Grantor of any warranties, declarations or conditions of such insurance policy or policies. The proceeds of such insurance shall be applied, -at Holdefs option, torvord the replacement, restoration or repair of the Property which may. be lost, stolen or destroyed or damaged or toward payment of any Obligations of Grantor to Holder. 2-3 Additional Advances. If Grantor shall fail to perform any of the covenants or satisfy any of the conditions camaiacd herein, Holder may make advances or payments towards perlbrniance or salisfarlion of the same but shall be under no obligation so to do; and all. sums so advanced or paid shall be w ono repayable by Grantor and shall bear interest at the Default Rate from the dale the same shall become due aad payable until the date paid, and all sums so advanced or paid, %vilh interest as aforesaid; shall bcwux a part of the Obligations secured tuieby; but no such advance or payincrit shall relieve Grantor from any defaull hereunder.. If Grantor shall fail to perform any. of die covenants or satisfy any of the conditions contained herein, Holder may use any funds of Grantor towards performance or satisfaction of the same but shall be under no, obligation so to do; and no such use of funds shall relieve Grantor from any default hereunder. 2.9 Condemnation Awards. Should the gmde ofany street be altered or all or any part of the Property becondemned or taken through eminent domain proceedings, all or such part of any award or proceeds derived therefrom, as Holder in its sole discretion may determine in writing, shall be paid to Holder and applied to the payment of the Obligations secured hereby (in such manner or combination thereof, including inverse order of maturity of installments of principal, if any, as Holder may,in its sole discretion, elect) and all such proceeds are hereby assigned to Holder. '2.10 Costs of Defeudhig and Enforting the Lien. Grantor shall pay all cost%, charges and expenses, including appraisals, title examinations, and reasonable attorney's fees, which liolder or the Trustee may incur in defending or enforcing the validity or priority or the legal operation and effect of this Deed of Trask or any term; covenant or condition hereof, or in collecting any sum secured hereby, or in ,protecting thesecurity of Holder including without limitation being a party in any condemnation, .bankruptcy or administrative proceedings, or, if an Event of Default shall occur, in administering and executing the trust hereby created and performing their powers, privileges acid dutles hereunder. Holder or the Trustce may make advances or payments for such purposes but all advances or payments made by Holder or the Trustee for such purposes shall be repayable Immediately by Grantor and shall bear interest: at lhe.Default Rate from the date the same shall become due and payable until the date paid, and any such -sum or sums with interest as aforesaid shall become a pail of the Obligationis secured hereby; but no such -advance or payment shall relieve Grantor rrom any default hereunder. 2.1.1 Modification of Terms; liolder may at any time, and from time to: time, extend the time for payment of the Obligations secured hereby, or any part. thereof, or, interest thereon, and %valve, modify orantend any of the terms, covenants or conditions in die Note, in this Deed of Trust or'in any other Loan Document, in whole or in part-, either at die request of Grantor or of any personbaving an interest in the Property,,acecpt one or more notes'in replacement or substitution of the Note, consent to the relepscof all or any part of the Property from the legal operation and ofrccl of this Deed of Trust (and the Trustee may so release), take or release other security, release any party primarily or secondarily liable on the Noteor hereunderor on such other security, grantextensions, renewals or indulgences therein or herein, apply to the payment of the principal and interest and premium, if any, of the Obligations secured hereby any part or all of the proceeds obtained by sale or otherwise as provided herein, without.resort or regard to 'other security, or resort to any one or more of the securities or remedies which Holder may have and which in its absolute discretion it may pursue for the payment of all or any part of dic Obligations, secured hereby, in such order and in such manner as it may determine, all without in any way releasing Grantor or any party secondarily liable from any of the terms, covenants or conditions of the Note, this Decd of Trust, or any other Loan Document, or relieving the onrcleased Property from die legal operation andeffect of this Deed of Trust for all amounts owing under the Note, the Loan Agreement.aid this Deed of Trust. Holder and Grantor recognize and agree that the provisions of this Deed of Trust, (lie Note, and any other Loan Document may be modified by them or their, successors or assigns at any time before or after default (wohich modification may involve increasing the rate of interest in the Note, agreeing that other charges should be paid, or nnodifying any other provision in any such inslnirrients). The Trustee acting pursuanl.to the written direction of Holder may extend the time of payment, may agree to alter the terms of payment of the Obligations, and may grant partial releases of any portion of the property Jncluded:herein. No such modification by Holder and Grantor nor any such action by Holder or thc'rrustee referred to above shall be a'substitution or novation of the original Obligations or instruments evidencing or'securing the same, but shall be considered a possible occurrence within the original contemplation oflhe parties. 2.12 Goveraraental Action A'ffecling the Property. Grantor agrees that in the event of the eactment of any law or ordinance, the promulgation of any zoning or other governmental regulation, or the rendition ofany judicial deco restricting or of kiting the use of the Property or rezoningthe area wherein the same shall be situate which Holder reasonably believes adversely affects the Property, Holder may. upon at Jean sixty (60) days %written notice to Grantor, require payment of the Obligations secured f=tcsml 1 6 hereby at such time as may be stipulated in such notice, and.lhe whole of the Obligations secured hereby, shall thereupon become due ond.payable. ARTICLE Ill. EVENTS OF DEFAULT The occurrence crone or more of the following events (herein called an "Event of Default.') shall constitute and be an EventofDefault: 3A Default under Loan Documents. The occurrence amid continuance of an Event of Default under the.l.oan Agreement, the Note, or any other Loan Document shall constitute an Event of Default hereunder. In the event Holder consents to an encumbrance on the Property, a default under the terns orally document creating such an encumbrance shall ben default hereunder. 3.2 Additional insurance Obligations. Grantor fails to promptly performor comply with any of the terms and conditions set forth in subsection 2.7 and such failure.conliuues for tun (10) days after notice from Holder to Grantor. 3.3 Material Obligations. Grantor fails to perform or observe any of its material obligations under this Deed of Trust and such failure shall continue for a period or thirty (30):days after Holder.givcs Grantor written notice thereof. 3.4 Judgment. Unless adequately covered: by Insurancein the reasonable opinion of Holder, the entry of a final judgment tar the payment of money Involving more than S 10,000.00 against Grantor or any guarantor of the Loan and the failure of Grantor or tinyguarantor of the Goan to cause the same to be discharged or bonded off to the satisfaction of Holder within sixty (60) days from the date the order, decree or process under which or pursuant to which such judgment was entered. ARTICLE IV. REMEDIES 4.1 PowecorSale; Assed to Decree. If or more of the Events of Default shall occur, the Trustee arc audiorized and shall have the power and the duly.at the direction of Holder to proceed by suitor suits; at law or in.equily or by any oilier appropriateremedy to protect and erifarce the rights of Holder whether for de specific performance of any covenant or agreenent contained herein, or in,aid of the execution of any power herein granted, or lo.enforce payment of the Note , or to foreclose this'Deed of Trust, or to sell the Property under thejudgmeni or decree of a;court or courts of competent jurisdiction, or otherwise. Grantor,. in accordance with any general or local laws or rules or regulations of the Stale of Texas relating to mortgages and deeds of trust including any amendments thereof or supplements thereto whichdo not materially change or impair the remedy; does hereby declare and assert to the passage of n decree to sell die Property by the equity court having jurisdiction. for the sale of the Property and the Trustee appointed by such decree of court shall have, subject to the terms of de decree of court, the same authority and power to sell on the terms and conditions herein set forth, and for such purposes the word "Trustee" shall be deemed to include the Trustee so appointed. This assent to decree shall not be exhausted in the event the proceeding is dismissed before the indebtedness or Obligations secured hereby arc paid. in full. 4.2 Accelerirtiom if one or more of the Events of Default shall occur, Holder may, at its option, declare the entire unpaid,principal amount of the Note (if not already due and payable) to be due and payable immediately, and.upon any such declaration the same shall become and be immediately due and payable, anything in the Notc, in the Loan Agreement or in this Deed of Trust to the contrary notwithstardin& slid in the event of any sale of all or my part of line Property, whether made under the power of sale herein granted, assent to a decree or through judicial proceedings, such unpaid principal amoma shall.outonatically and without notice become so due and payabla. If Holder exercises holder's option to declare the entire unpaid principal amount of de Note to be due and payable, Grantor covenants to pay immediately the full amount of the Obligations secured hereby even though foreclosure or other court proceedings to collect the. Obligations have not been commenced. Acceleration of maturity, once declared by Holder, may,nt dne option of Holder, be rescinded by written acknowledgrnen i to that effect by laoslfiml l 1 a Holder, but the lender and acceptance of partial payments alone shall not rescind or affect in any way such acceleration ofmalurily. 4.3 Possession of the Property. [(one or more orthe Events _of Default shall occur, Grantor shall, upon demand, forthwith surrender The actual possession, and, to the extent permitted by law, Bolder, by such officers or agents as it may appoint, may enter and take possession of the Property and may exclude Grantor, its agents and servants, wholly therefrom, and having and holding the same, may use, operate, manage and control the Property or any part thereof, and'upon every such entry Holder, at the .expense of Grantor and of the Property, train time to time may make all necessary or proper repairs, renewals, replocemcrilasand useful or required alterations, additions; betterments and Improvements to and upon the Property as to it may seem judicious and pay all costs and cxpenses.of so taking,holding and managing the same, including reasonable compensation to its employees and other agents (including, without limitation, attorney's fees and management and rental commissions) and tiny taxes; assessments and .other charges prior to the legal operation and effect of this Deed of Trust which Bolder may deem it wise or desirable to pay, and in such case Holder shall have the right to manage the'Properlyand to carry on the ,business and exercise all rights: and powers of Gramor,.eilher in'thename o6Onintor, or otherwise, as Holder shall.decm advisable; and Holder shall be entitled to collect and receive all rents thereof and therefrom. The taking of possession and collection ot'rents by Holdershall not be construed to be an affirmation of airy lease or acceptance of adornment with respect to, any leaseof all or any portion of the Property. After deducting the. expenses.ofoperating the Properlyand or conducting the business thereof, and'of all repairs,maintenance, renewals, replaccnments, alterations, additions, betterments, improvements and all payments which it may be required or mnyelect to make for taxes or other proper charges on the Properly, or any pan thereof, as well asjust andreasonable compensation for all its employeesand other agents (including, without limitation, attorney's fees and management and rental commissions) engaged and employed; the moneys arising as aforesaid shall be applied to the Gbligalionssecured hereby. Whenever all that is due upon the principal of and interest on the Note and under any of theterms of this.Deed of Trust slioll'have been paid and all defaults made good, Holder shall surrender possession lo,Gmntor. The m sae right of entry, howwvcr, shall exist if any subsequent Event or Default shall occur. 4.4 Appoinlmcut of a.Rcccivcr: Until one or more of the Events of Default shall occur (but not thereatler), Grantor shall have possession ol'lho-.Propertyand shall have the right to use -and enjoy the same and to receive the rents thereof and therefrom. If one or more of the Events of Default shall occur, andwithout the requirement of any other showing, Holder shall be entitled as a mader.of right and to the extent permitted by law, without notice to Grantor, and without regard to the adequacy of the security, to the immediate appointment of a receiver of.the.Properlyand of the rents thereorand therefrom, in an cx parte proceeding with all such other powers as the court or courts making, such appointment shall confer, and die rents thereof and dremi'rom are hereby assigned to Holder as additional security undenthis Deed or Trust. Grantor shall deliver to the receiver appointed pursuant to the provisions of this Section, or to Molder in the event of entry pursuant to the terms of the preceding Section,.all'original records, books, bank accounts, leases, agreements, security, deposits orlhe tenants and allother materials mlating to the operation of the Property. 4.5 Possession'and Disposition of Personal Properly. (a) if one or more of the Events of Default shall occur,. Holder may at its discretion requirc.Grantor to assemble such items of du Property as may be designated by Holder.and make them available to the Trustee at a place reasonably convenient to both parties to be designated by Holder or the Tnutee. Upon a default under this Deed of Trust, Holder shall have the right to take possession of such items orthc:Prquny as Holdv may elect. In taking possession Holder may proceed without judicial process if this can be. done without breach of the. peace. Holder shall. have the further right to remove such items of the Property as it,may choose to any locadoii or locations selected by Holder, and. Grantor shall pay the costs of such rennovai and for the storage and protection of such items immediately upon demand therefor. 4dOfI0"M 1 (b) If Holder elects to direct the Trustee to proceed under the Texas Uniform Commercial Code to dispose of some of the Properly; the Trustee. shall give Grantor notice by certified mail, postage prepaid, return receipt requested, of the time and place of any public safe or any of such properly or of the time after which any private sale or other Intended disposition thereof is to be made by sending notice toGrantorat least live (5) days before the time of the sale or other disposition, which provisions for notice Grantor and the Trustee agree are reasonable; provided, however, that nothing herein shall preclude Holder and the Trustee from proceeding, as to all the Property, in accordance with the rights and remedies of Holder and the Trustee in respect of the real property, as provided in.lhe Texas Uniform Commercial Code, as amended from time to time. 4.6 Foreclosure Sale. (a) franc or more of the Fve its of Default shall occur, the Trustee. at the direction of Holder, shall sell and in the case or default or any purchaser or purchasers shall resell all the Properly as an entirety, or in such parcels and in such order as Hot der shall in writing request, or, in the absence of such request. as the Trustee may determine (Grantor hereby waiving; for itself and for any person claiming by or through it application of the doctrine of marshalling of nssets), at public auction al some convenient place or places in thejurisdiction InAhe where the Property is situate, or in such other place or places as may be permitted by law, at such lime, in such manner and upon such terms as the Trustee may fix and briefly spccily in each notice of sale, which notice of sale shall state the time when, and the place where, the same is to be made, shall contain abrief general description of the property to be sold, and shall be sufficiently given if published as frequently and In such. publication as may be required by law, and Holder or the Trustee may cause such further public advertisement to be made as they may deem advisable, andanysuch sale may be adjourned by the Trustee by announcement at the time and place appointed for such sale or for such adjourned sale,. and, without further notice or publication, such sale may be made at the time and place to which the some shall be so adjourned. If one or mom leases are entered Into or recorded subsegacnf to the recordhig of.this Deed of Trust or are otherwise subordinate to this Deed of Trust, f ie.Tmstec shalllsell, at the direction of holder, subject to any one or more of such tenancies that arc desfgnalcd and selectod by Holder. ,(b) Upon the completion of any sale andcompliance with all (lie terms thereof; the Trustee shall execute.and deliver to the purchaser or purchasers a good'and sufficient deed ofconveyanee, assignment and transfer, lawfully conveying, assigning and transferring the property sold. Payment to the Trustee of the entire purchase money shall be full and sufficient discharge crony purchaser or purchasers of the. properly, sold as atoresaid, for the purchase money; and no sushi purchase', or his representatives, successors or assigns, after paying such purchase money andreceiving the deed shallbe bound to see to (he application of such purchase money.. (c) In the case of any sale of the Property or of any port thereof, whether under the posssr of sale herein granted, assent to decree or through olherjudiciah proceedings, the purchasemoney, Proceeds and avails thereof, together with any other sums which may then be held as security hereunder or be due undcrany of the provisions hereof as a part of the Property,. shall be applied as follows: FIRST, to pay all proper costs, charges; fees and expenses, including the fees and costs herein provided for and to pay the costs of appraisals of the Property and the .costs of title examination; and to pay or repay to Holder or the Trustee all money$ advanced by them or either of themfor tares; insurance or otherwise; with interest 'thereon as provided herein; aid to pay all taxes due upon the Property at the time of sale; mid to pay any other lien or encumbrance prior to the legal operation and effect of this Deed of Trust unless said sale is made subject to any such taxes or other lien or encumbrance; and to. pay a counsel fee of One thousand five hundred Dollars (SI;500.00) for conducting the proceedings if without contest, but if legal services arc rendered to Trustee or to Holder in connection with any contested matter in the proceedings, then such additional counsel fees and.espmses shall be allowed out orthe proceeds of sale or .sales as the court may deem proper, and to pay additional reasonable counsel fees, if any, incurred as a result of mpreseaing Holder's incest in any proceedings on.behalf of any .(emir 1,vi ) Grantor before any United Slates Bankruptcy Court or similar Slate insolvency proceedings; and also to pay a commission to the'fruslee or other party making the sale equal to live percent (5%) of the gross sale price; and also to pay a commission.to the auctioneer conducting the sale of three percent (3%)'of the gross sale price; SECOND, to pay whatever may then remain unpaid under the Note and the interest thereon to (lie date of payment, whether tile Sallie $troll be due or not, it being agreed that the Note shall, upon such sale being made before the maturity of the Note, be and become immediately due and payable at the, election of Holder and to pay all of the Obligations secured hereby; THIRD, to pay the remainder of said proceeds, if any, less the expense, if any, of obtaining possession; to Grantor or other party lawfully entitled to receive the same, upon the delivery and surrender of possession orthe.Property sold and conveyed and delivery of all.records, books, bank accounts, leases, agreements, security deposits of the. (clients and all other material relating to the operation of the Property to the said purchaser or purchasers. (d) Immediately upon the filing or docketing of suit preliminary to a foreclosure sale :of the Properly, or any part thereof under this Deed .of Trust, there shall be rind become due and owing by Grantor, a Truslce' commission oil the total amount of the indebtedness secured hereby equal to two and ona-half percent (2- 112%). and an auctioneer's commission on the total amount of the Indebtedness of one percent (I%), and Holder shall not be required to receive the principal and interest in satisfaction of the obligations secured hereby, but said sale may be proceeded with unless, prior to the day appointed therefor, tender is made of sald principal, interest, commissions and all expenses and costs incident to such sale and all other sums that are part of the Obligations secured hereby. (c) Holder may bid and become the purchaser at any sale under this Deed of Trust. If Holderisahe.purohoser:at any such sale, Holder may appfy'the outstanding indebtedness against all or any portion of the purchase price., including die deposit. ARTICLE V. MISCELLANEOUS 5.1 Trusted. (a) Acriau of Tncrtea. The Trustee shall be protected in acting upon anynotice, request, consent,,demand,.statemenl, note or other paper or document believed by them to be genuine and to have,lreen signed by We party or parties purporting to sign the some. The Trustee shall not be liable for any error of judgment, nor for any act done or step taken or omitted, nor for any mistake of law or fact, nor for an'ylhing which they may do or refrain from doing in good faith nor "generally shall.aTrustce.have any accountability hereunder except for his own individual willful default. (b) Tnhteo as Attorneys. The Trustee may act hereunder and may sell and convey the Property as herein provided although the Tnaslce have been, may, now be or may hereafter be, attorneys or agars of may Holder. in respect of any.matter or business whatsoever. (c) Substimlion o17)wstee. Holderslall be entitled to remove, substitute, or add a Trustee or TruslM at its option, with or without cause or notice, by instrument duly executed, "aclmotvledgcd mid recorded among the land Records of the city or county in the where this Deed of Trust isrecorded, and thereupon. such additional or successor Trustee or Trustee, svidoul any further act, deed or eonveymxe,,stall become vested with all the estates, property, title, rights, poweis,.privileges, discretion, truss, duties and obligations of his or their cnrTnutec, or predecessor or predecessors in,the trust hereunder with like elrect is if originally named as Trustee or Trustee hcrmUder, exercise of said power, no matter ]my of ri, shall not be an exhaustion thuCof. tooirasS3;.1.1 10 (d) lircnpnctlyor Absence rroar State. It is.lurther understood and agreed that in the event of the disability of one of the Trustee, or of such Trustee's absence from the, the rights, powers, privileges, discretion, dulies,;obligations, and trust hereby created and reposed in the Trustee may be executed by ElieotherTrustee or Trustee with the same legal force, eflecl and virtue as though executed by both or all.orlhem. 5.2 6stappel Ccrtillcates. Grantor, upon request, madoeilher personally or by mail, shall, Within six (6) days In case the request is madc.personally, or within ten (10) days after the mailing of such request in case the request is made by mail, certify, by writing duly acknowledged, to Holder or to any proposed assignee of the Note, the amount of principal and interest then owing on the Note and whether any ull'sets or defenses exist against the Obligations secured hereby. At the request of Holder, such certificate shall also contain a statement that Grantor knows orno Event of Defoull nor of any other default which, alter notice or lapse of thne or both, would constitute an Event of Default. which has occurred and remains uncured as or [he dale of such certificate, or, .Irany such Event Of Default or other default has 'occurred and remains uncured as of the dnte of such certificate, then such certificate shall contain a 'statement specifying the nature thereof, the time,for which tine sent has continued and ilia action which. Grantor has taken or proposes to take with respect thereto. 5.3 Subrogation. This Deed of Trust and die Trustee; as additional security, arc hereby subrogated to the lien or liens and to -the rights of the owners and holders thereof of each and every mortgage, lim or other encumbrance on the Property, or any ,poll thereof, or any claim or demand which is paid or satisfied, in whole or in part, out of the proceeds critic Obligations.sccurcd hereby and the respective liens of said morlgages,'liens and other encumbrances and claims and demands shall pass to and be held by the Trustee asadditional security for the Obligations to Holder to the some extent that they would have been preserved and would have been passed to and boost field by holder had they each been duly and regularly assigned, tmnsfcn ed, set over and delivered to Holder by separate deed of: assignment, notwilhstandingahc fact the same may be or may have been satisfied and cancelled of record, it being the intention of the parties hereto that the same will be salisfied.and cancelled of_rccord at or about the time they are paid or solisned out of the proceeds of the Loan. 5.4 Notices. Unless specifically provided otherwise in,this Deed ofTrust or by law, any notice required or. permitted by or in connection with this Deed of Trust shall be in.writing .and shall be made by facsimileor by hand delivery, by overnight delivery service, or by certified mail, unrestricted delivery, return receipt requested, Hostage prepaid, addressed to I folder or Grantor at the appropriate. address set forth below or to such other address as may be herealler specified by written notice by Holder or Grantor. Notice shall be considered given as ofthe.clatc of the facsimile or the hand delivvery, one (I ) calendarday after delivery to the overnight delivery service, or three (1) calendar days after lite date of mailing, independent of the dote of actual delivery or whether delivery. is ever in fact made, as the core may be, provided thc,giver of notice can establish that notice wasgiven asprovided herein. 5.5 Legal Construction.. This Deed of Trust shall be construed according to the laws of the state orTexas (excluding conflict of laws) and any.court o f competent jurisdiction of the Stale of Texas shall have jurisdiction in any proceeding instituted to enforce this Deed of Tryst and,miy objections to venue arehereby waived. 5.6 Usury Until adons. No provision of this Deed of Trust shall require the payment or permit the collection or interest or other sum in excess of the maximum permitted by applicable low, including ajudieial determination. If any excess of interest or other sum in such respect is herein'pmvided for, or shall be adjudicated to be so provided for herein, neither Grantor nor its successors or assigns shall be obligated to pay such interest or other sum in excess of the amount permitted by applicable law, including a judicial determination, and the right to demand the payment of any such excess shall be and hereby is waived. The provisions of this Section shall control all other provisions of this Deed of Tmsl. 5:7 Recording. Grantor covenants and agrees to promptly cause all documents requircd'by Holder to Ito props ly recorded or filed, including this Deed of Trust, and to pity all fees, taxies and t00316A9 M 1 11 expenses incident thereto. Grantor shall hold harmless'and indemnify liolder against any liability incurred by reason of the imposition of any fee, tax or charge on the making and recording of this Deed of Trust. 5.8 Rights ssMolder and Trustee. (a) Rights Not Limited. The rights, powers, prlvlleges,and discretion (hereinafter collectively called the "rights") specifically granted to the'fmstee and those specifically granted to Holder under this Deed orTrusl are not In limitationofbut In addition to those to which they are entitled under any general.or local law relating to deeds ortrust and mortgages in the, now or hereafter existing. (b) Benefit to Successors raid Assigns. The rights to which Holder may be entitled.; shall inure to thebenclll of its successors and assigns. ' (c) Rights Cutuulative. All the rights of Holder and of the Trustee ore cumulative and not alternative and may be enforced'successively or concurrently. 5.9 No \Volver. Failure of -Holder or of lheTrustee to exercise any of their rights shall not iinpair any ortheir rights nor be deemed a waiver lhereor, and no waiver of any of their rights shall be deemed to apply to any other such rights; nor shall it cffectve unless in writing and signed by the party salving the right. The acceptance by Holder orany partial, payment after default.br in Event of Default, with or without. knowledge of die default or Event of Defaull, shall not bee waiver of the default or Event of Default unless Holder shall specifically slate in writing (hat the acceptance waives the default dr Event of Default or'states father conditions which must be satisfied to constitute such u waiveC The failure of Holder to exercise the option for aecelcalion of maturity, foreclosure, or either, following an Event of Default or to exercise any other option or privilege granted to Holder hereunder in any one or more Instances, shall not constilute:n waiver of any such default, but such opllon or privilege shall remain continuously in'force. 5.10 \iu(ual Walver of Jury Trial. Grantor and Holder (by acceptance ofthis Deed of Trust) each, on behalfof itself and its successors and assigns, WAIVES to the fullest cxtenfpetmitted by law all right to TRIAL BY JURY crony and all claims between them arising under this Deed drTnisl, iho Note, the Loan Agreement, or any other Loan Documents, and any and all claims arising under common law or under city statute of any slate or the United States of America, wvhether.any such claims be now existing or hereafter arising, now known or unknown. [it making this waiver'Holder and Grantor acknowledge"and agree that. any and oil claims made by Holder and all claims made -Against Holder shall be heard by ajudge of a court of ptoperjurisi fiction, and shall not be heard by a jury. Holder and Grantor acknowledge and agree that TI1IS WAIVER OF TRIAL BY JURY IS A MATERIAL ELEMENT OF 1'HE CONSIDERATION FOR TIiIS TRANSACTION. Holder and Grantor, with advice orcounsel, each acknowledges that it is knowingly and voluntarily waiving a legal right by agreeing to this waiver provision. 5.11 Waiver by Grantor. Grantor waives, on behalf of itself and all persons now or hereafter interested in the Property, all rights under all appraiscment, (homestead, in'malorlum, valuation, exemption, stay, "tension, redemption and marshalling statutes, laws or equities now or hereafter existingand. agrees Thal no defense based on any thereof will be asserted in any action enforcing this Deed of Trust. Furthermore, Grantor hereby expressly waives the right or equity of redemption, whether arising under statute, common law, or both. Grantor represents and covenants that the Property forms no pan of any property owned, used or claimed by Grantor as a business or residential homestead or as exempt from forced sale and disclaimsand renounces all will every such claim thereto. 5.12 Secondary Market Cooperation. Grantor acknowledges that Holder may (a) sell this Deed of Trust, die Note and the other Loan Documents to one or more investors as a whole loan, (b) participate the Loan to one or uwre investors, (c) deposit this Deed of Trust,.the Note, andthe other Loan Documents with a trust, which trust my sell certificates to investors evidencing an ownership imagist in lire lout assets or (d) othensisc stl I the.. Loan or interest_ therein to investors (the transactions referred to in JMSl(A M J 12 clauses (a) through (d) are hcrcinnfler referred to as "Secondary Market Transactions"). Grantor shall cooperate in good With with Holder in effecting any such Secondary Market,rmnsaclion and shell cooperate in good.failh to implement all requirements imposed by any rating agency Involved in any Secondary Market Transaction including.. without limitation, all structural or other changes to the Loan, modificationsto any docunnenls evidencing or securing the Loan, delivery of opinions of counsel acceptable to the rating agency and addressing such matters at the rating agency may require; provided, however, Grantor shall not be required to modify any documents evidencing or securing the Loan which would modify (i).the interest rate payable under the Note, (ii) the stated maturity of the Note, (iii) the amortization of principal of the Note, or (iv,) anyothcrnmterial economic term of the Loan. Grantor shall provide such information and documents relating to Grantor, any guarantor. ofGrantoc. the Property and .any tenant of One Property as I folder may reasonably request inconnection with a Secondary Market' Transaction. Holdet shall have the rightlo provide to prospective investors any information in its possession, including, without limitation, financial statements relating to Grantor, any guarantor of Grantor, the Properly and any tenant of the Property. Grantor acknowledges that certain information regarding the Loan and,thc parties thereto and Lhc;Property-may be included in.a private placement memorandum, prospectus or other disclosure documents. 113 Indenurincalimn. Neither the Trustee nor Holder shall:be obligated to perform or discharge any obligation or duty to be performed or discharged by Grantor under any lease. Grantor shall indemnify the Trustee and Holder for and save them harmless from any. and all liability arising from any lase or assignment of a lease as security under this Deed of Trust. Neither the Trustee nor Holder shall have any responsibility for the central, care, management or repair of the Property or be.liable for any negligence''in the management, operation, upkeep, repair or control of the Propchy resulting in loss or injury or death to any Icssee.or any other person or entity. The obligations and liabilities of Grantor under this paragraph.sliall survive any termination, satisfaction or assignment of this Deed of Trust and the exercise by Holder of any of its rights or remedies hereunder including, without limitation; the. acquisition of the Property by foreclosure or a conveyance in lieu of foreclosure. 5.14 Dhuling Effect. The terms and conditions agreed.to by Grantor andthe covenants of Grantor shall be binding upon the personal representatives, successors and assigns of Grantor and of each of them, but this provision does not waive any prohibition of assignment or any requirement of consent to an assignment under the other provisions of this feed of Trust; any consent to an assignment shall not be consent to any furtherassignmcnt, each of which must bespccifncally obtained in writing. 5.15 Recitals. The recitals of this Deed of Trust are incorporated herein and made a part hereof. 5.16 Number and Gunder. Wherever used herein the singular.shall include the plural and the plural the. singular, and the use of any gender shall include all,genders. 5.17 Tina of Fssence. Time is of (he essence of the obligations of Grantor in this Deed of Trust and each and every term, covenant andcondition made herein'by or applicable to Grantor. 5.18 Captions. The captions of the sections of this Deed of Trust are for the purpose of convenience only and are not intended to be a pat of this Deed of Trust and shall not be deemed to modify, explain, enlarge, or restrict anyof the provisions hereoL 5.19 Sevcrahility. If any provision of this Deed ofTrusfor the application thereof to any person or circumstance shall be invalid, inoperative or unenforceable to any extent, the remainder of this Deed of Trust and the application ofsuch provisions to other persons or circumstances shall not be affected thereby and'shall be valid, operative and.enforceable.to the greatest extent permitted by law. 5.20 Execution of Counterparts: This Deed of Trust may be executed in any number of counterparts and cach of such counterparts shall for ail purposes be deemed to be an original and all such coumerparts shad lagcther constitute but one and the same feed of Trust. JW316"3;V1.1 13 5.21 Security Agreement. Grantor has executed dnis.instrumcnt as a Debtor under die Uniform Commercial Code of the stale in which the Property is located. This Deed of Trust shall constitute and be'a securityagreement and financing statement under the laws orsuch state. 5.22 Due On Sale. Without the prior twitt n consent of Lender, Grantor will abstain from and wl I I not cause or permit any sale, exchange, transfer, lease or conveyance (herein all called "transfer") of all or any part of the Property; or any interest in it, voluntarily or by operation of law. If all or any part of the Property or at inlerest.thcrcin is sold or transferred without Lender's prior written consent, Lender may, at Lender's option, declare all the sums secured by this Deed of Trost to be immediatelydue and payable. 5.23 U.S. SNIALL BUSINESS -ADMINISTRATION PROVISION: The Loan secured by this lien was made under n U nited.StatesSmall Business Administration (SBA) nnlionwide,prograi n which uses tax dollars to assist small business owners. If the United Slates Is seeking to enforce (his document, then under SBA rcgulatiars: a) When SIM Is Ilia holder of the Note, this document and nil documents evidencing or securing this Loan willbe construed In.accordance with federal law. b) Lend"ev or SBA urny-use'locnl or state procedures fur• purposes stieh as filing papers, recording documents, giving notice, foreclosing lieu, and other purposes. By using these procedures; SBA does not waive any federal Immunity from local or state contra1,*pelally, tax or liability. No Borrower at, Guarantor mny.dnlnn or nssert ngninst,SBA• any local or state Imv_to (icily tiny obligation of Borrower, or defent any claim of SBA with respect to (his -Loan. Any clause In this document requiring arbitration is not enforceable when SBA is the holder of the Nola secured by tlils Instrument; ART.ICLEVI. ADDITIONALCOVENANTS 6.1 Leases of (lie Property 6.1.1 Compliance trilh Lenses. Grantor shall carry out all of its agreements and covenants as•landlord contained in any leases (which word when used In this Deed of Trust shall Include, without limitation, all agreements, licenses, conUvcts, reservations, accounts, andpermils affecting all or any part of thc:Property) and not permit a lien or other lincurribrancc superior to such ]cases other than this Deed of Trust. No lease shall include any space, or grant to any tenant any right or interest in.any area outside of the limits of the Property. Upon demand orlloider. Grantor shall. furnish Holder an executed copy of each lease immediately upon its execution. All future lenses shall be written on the standard, form accepted by Holder, with only such changes as holder shall have approved in writing or on a lease agreement approved by Holder. 6.1.2 Assignment of Leases. Grantor hereby grants, conveys, assigns, and traniifcrs unto the Trustee, for the benefit of Holder, all•the right; title, intertst'and privileges which Grantor has or may hereafter have inany and all of said lease now existing or hereafter made affecting all or it part of the Property, as said leases may have been or may front time to time be hereafter modified,extended or renewed, with all (lie rents (which word when used in this Deed of Trial shall include, without limitation, all income and. profits) due and becoming due therefrom and including without limitation the right or Holder to inspect the leased areas and Books and records of tenants. Grantor shall, upon written request by Holder or the Trustee, execute assignments (in any form customaely,used by Holder) of any present or future leases, together with the rents due and becoming due therefrom, xvhieh affect In any way all or any part of the Property. No such assignment made or required hereby shall be construed as a consent by Trustee or Holder to any ]case or to impose on Trustee or Italics any obligation with respect thereto. Gnsraw shall not make any other assignment, hypothecation or pledge of any rents under any lease of part or all of lire Property. Grantor shall not, without the prior written approval of Holder, cancel any of die •lenses, nor lerrainate or accept a surrender thereof, nor reduce the payment of rent thereunder,. nor modify faes169113;0 1 14 any of said leases, nor accept any prepayment of rent other than the usual prepayment as would result from the acceptance by landlord more than fifteen (15) days before the first day of each month for lhgensuing month under leases approved by Bolder according to the terms of such leases. The covcnants and restrictions of tiis subsection shall be deemed covenants and restrictions running with the land. 6.1.3 'LlmilatiorronSubordlnate/.tenors. Grantor covenants that Holder or any subordinate.lien shall have no right, and shall acquire no right, to terminate or modify any lease affecting the Properly whether or not such [case. insubordinate to the legal operation and effect of this Deed of Trust. 6.1.4 Deposit of Rants. All payments, including security deposits, under ally lease received by Grantor shall be deemed held by Grantor in trust for the payment of the Obligations secured hereby. Grantor shall deposiGn a non -interest beai'iug account or accounts wilh Holder all payments (except security deposits made under residential leases, if any) made under all leases, which sums, subject to the rights orthe tenants lhcrcln, may be used by Grantor in the ordinary course of Omnto?s business to the extent permittedby law, until one or more of the rvents of Default shall occur, but not thereafter. 6.1.5 Assignment of Bonkntptay Awards. Grantor hereby assigns to the Trustee for the.bcnefil of Holder any award made hereafter to it in any courtprocedure involving any of the tenants In any bankruptcy, insolvency or reorganization proceeding In any state or federal court and any and all payments by, any tenant in lieu of rent. 6.1.6 Limitation of Liability under Leares. Neither the Trustee nor Holder shall be obligated to perform or discharge any obligation or duty to be performed or discharged by Grantor under -any lease; and Grantor hereby agrees to indemnify the Trustee and Holder for and to save them harmless from; any and all liability arising from any lease, or this assignment thereof and thisassignment shall not ,placethe responsibility for the control, care,management or repair of th6.Property upon the Trustee or Holder, nor make said Trustcc,or Holder liable for any negligence in the management, operation, upkeep, repair or control of the.Propirty-resulting in loss or injury or death to any'tenant, agent, guest, or stranger. 6.1.7 Security Deposits. Grantor shall deposit in an account or accounts with Holder or its designee, under the depository's standard program for such accounts, all security deposits made under ,residential leases which sums, subject to the rights of the tenants therein, may be used by Grantor in the ordinary course of Grantors businrss to the extent permitted by law, until one or more of the Gvents of Default shall occur, but not thereafter. All such deposits shall be the continuing responsibility of Grantor, and Grantor shall comply with all applicable requirements of applicable law where the Property -is located. 6.2 !Environmental Covenants 61.1 No Substances Pruett. Grantor hereby represents and warrants to I iolder that there are, not now and have never been any materials or substances located on or hear the Property that, under federal,, stale, or bell law, statute, ordinance, or regulation, or administrative or couri order or decrce, or private agreement (collectively, the"Environmental Laws"), areregulated as to use, generation, collection, storage, treatment, or disposal (such materials or substances are hercinaftcr collectively referred to as,"Substances"). The term "Substances" includes any materials or substances whose release or threatened release may post a risk to human health or the environment or impairment of properly values and shall also include without limitnlion (i) asbestos in any Rum (ii) urea formaldehyde f it rn insulation, (III) paint containing lead, (iv).transformemor other equipment which contains dielectric fluid containing levels of polychlorinated biphenyls. of 50 parts per million or more, and (v) petroleum in any form. Grantor .further represents and warrants to Holder that the Property is not now being used nor has it.cvcr been used in the put for any activities involving the use, generation, collection, storage, treatment; or disposal of any Substances. Grantor will not place or permit to'.be placed any Substances on or near the Property except for those Substances that arc typically usedin the operation of Grantors business provided the same ate is appropriately small quantities and ere stored, used, and disposed of properly,'or Substances that arc ,approved in writing by Holder. 4=16"3;v1 ) 15 6.2.2 Acting Upon Presence ofSubstonces. Grantor herebycovenants and agrees that, if at anytime (i) Substances are spilled, emitted, disposed, or leaked in any amount; or (if) it is determined that there are Substances located on, in, or under the Properly other than those of which Holder has approved in writing or which are permitted to be used on the Property without Holder's written approval pursuant to subsection 6.2.1 of this Section, Grantor shall immediately notify Holder and any authorities required by law to be notified, and shall, within thirty (30) days (hereafter or sooner f f required by Holder or any governmental authority, take or cause to be taken, at Grantors sole expense, such action as may be required by Holder or any governmental authority. If Grantor shall fall to lake such action, Holder may make advances or payments towards performance or satisfaction of the samebut shall be under no obligation so to do; and all suns to advanced or paid, including all sums advanced or paid In connection. with any investigation or judicial or administrative proceeding relating thereto, including, without 'limitation, reasonable attorircys' fees, expert fees, fines, or other penalty payments, shall be at once repayable yy"Gmnlor and shall bear interest at the Default Rate, from the dale advanced or paid by Holder until thc.datc paid by Grantor to Holder, and all sums so advanced or paid, with interestas aforesaid,. shall become a part of the Obligations secured hereby. 6.2.3 Environmental Audits. Grantor, promptly upon the written request of Holder from time to time; shall provide Holder, at Grantor's expense, from time to time with an environmental site assessment or environmental audit report, or an update. of such an assessment or report, all in scope, form, and contcnfsatisfactory to Ifolder. 6.2.4 Environmental Arotices. Grantor shall furnish (a Holder duplicate copies of all correspondence, notices,.or reports it receives from any federal, state, or local agency or any other person :regarding environmental.mnitcrs or Substances at or hear the Property, immediately upon Grantoes,reccipt thereof. 6.2.5 Condition of Ptoperty. Grantor hereby represents and warrants lhatAlicro are no hells or septic tanks on the Property serving any other properly; no wells or septic tanks on other property serving the Property; no burial grounds, archeological sites, or habitats of endangercd.or threatened species on the Property; and that no part of the Properly Is subject to tidal waters; has been designated as wetlands by any federal,slate, or local law or governmental ogency; or is.located in a special Rood hazard area. 61.6 Envb•animental hrrlenufly. 6.2.6.1 Grantor shall at all times indemnifyand hold harmless Holder and the Trustee against and from any and all claims, suits, actions, debts, damages, Costs, losses, obligations, judgments, clarges, and czpenses, of any nature whatsoever suffered or incurred by Holder or the Trustee, whether as bcneficiary.of [his Deed of Trash, as mortgagee in possession, or as successor -in -interest to Grantor byforeclosure deed or deed in lieu of foreclosure, under or on account of. the. Environmental Laws or any similar laws or regulations, including the assertion of any lien thereunder, with respect to: (a) any discharge of Substances, the threat of adischarge of any . Substances, or the presence of any Substances affecting the Properly whether or not the same origf oats or enumals from the Property or any contiguous real cstale including any loss of value of the Property as a result of.any of the foregoing; (b) any costs of removal or remedial action incurred by the United States Government or any costs incurred by any other person or damages from injury 10, destruction of, or loss of natumi resources, including reasonable costs of assessing such injury, destruction or toss incurred pursuant to any. Environmental laws; (c) liability for pusorml injury or property damage arising under any statutory or comaxon law tort theory, including without limitation, danurges assessed for the nmintcrm»me of a public or private nt»sance or for the carrying on of an abnormally dangerous activity at or near the Poputy; and/or (matm:rt ) 16 (d) any other environmentalmalteraf eCting the Properly within the jurisdiction of the Environmental Protection Agency, any other rederal agency, or any state or local environmental agency. Grantods obligations under this Agreement shall arise upon the discovery of the presence of any Substance, whether or not the Environmental Protection Agency, any'olhcr federal agency or any stale or local environmental agency has taken or threatened any action in connection with the presence of any Substances. ISigon(ures on thg following, pagel ;mslnssr,.t 1 17 ri IN WITNESS WHEREOF, Grantor has caused this Deed ofTrust to.bc. duly, executed on its behalf and its seal to be hereunto affixed as of the dale, first above written. By: 'Managing Member State of County of On this, the;_�day of September, 2013, before me 66A CDIWA-�(he undersigned officer, personally appeared LETICIA C. SANCHE:Z. and ENRIQUE DANIEL SANCHEZ who acknowledged themselves to be the MANAGING MEMBERS of NEWFAITII DEVELOPMENT, LLC a Texas Limited Liability Company, and that they as such, being authorized to do so, executed the foregoing instrument ror..the purposes therein contained by signing the name of (lie Company by thnnselves.as MANAGING MEIN DERS'. In witness whcrcori hereunto set my 7 p Rl 'ul Nota Public JI)M16M.0 1 18 • L'XHIDITA PROPERTY DESCRIPTION 912 West Main Street, La Porte, I`X 77571 Doing a 0.425 acre tract or parcel of land situated In the Johnson Hunter Survey, Abstract No. 35. Hares County, Texas, and bein0 alf of Lois If. 12; 13. 14. 15. 18 and 101n Block 62 of the Resubdivlsion of Blocks 37 to 60 of the Town of Laporte. a subdiv:e'on according to the map or plat thereof recorded In Volume 07 Page 106 of the Deed Records of Harris County, Texas. SAVE AND EXCEPT all of that called 2519 square foot .tract as described In dead to the State of Texas recorded In Volume 4569 Page,499:of the Deed Records of I tarns County. Texas, all that called 0.002 acra tact as described In deed 10 the -City of Laporte :ecorded :n Harris County Cldrks Mlle No 20070201279 and a 2.50' by 10.25' port on along the south lino of solo Lot 15.1or lho existing Gateway Tower structure, sold 6.425 acre tract being mom.partk:ularty, described by metes andbounds as follows: BEGINNING at Y set in corcrcta on the cxfsling caal fine of State Highway 140. 300' R•O-W and the west line of sa'd Block 62for lie northwest corner of said Lot 11 and the northwest correr,of the hordin described tract, from which a found bears S 20'2 V15" E a distance of 1 86 real: THENCE N.88.55'39' C,, along the north Tina of said lots I I. 12, t3: 14, 15, 111, and 19 Block'52 and the south fine of a 16 toot wide alley, a distance of 169.00'Cot to a'X" sal in.conuole for the nottheesl.comer of said Lot 19 and the northeast corner of the herein ddsenbed t'acl: THENCE S 03'04'21' E. along the common line of said Lot 19 and Lot 20 of said B'.Ook $2. a dislanco of 125.00 feet to a'X' sot In concrete on the north line of.West Main Street, 85 laet R-O•.W and the south !Ina of said Block 62 for the southeast corner of the he -din described lraol; THENCE S 86'55'30- W,.Woiig the north line of Wool Main Street and (he south Ina of said Lots 10. 18 and a portion of 15 a distance of 48.75 feel to a'X'set ;n concrete for ceunet. from which a fcund'X' bears S 48404'08' E a distance of 0.14.1eel; THENCE N 03.04'21' W. over and acmes a portion of said Lot 16, a distance of 2.50 feet to a'X' sat for on interior of the herein described. tract; '(HENCE S 06455'39- W. parallel to the, nerh [Ina of West.ldnin Street and'lco south Ino of sold Block 15. o distance of f 0.25 toot to.a'X' sot for an Intor:or or the: herein case(, tract THENCE S 03'04'21" E, a distance of 2.50 feet to a')C tiel on the north Anemf West Main Streetand the south Inn of said Block 52, for the beginning of a curve, from which a found'r bean S 39'12'49' W a clslanco of 0.37 toot THENCE Northwest" along a curve to the right having a radlus of 110.00 feet, a control angtu of 900OW00', an ate length of 172.79, a chord bearing of N 48'04'21' W. and a chord distance of 155.56 feet to a 1r2' Iron rod with plastic cap stampod''RPLS 4980" set on the east tine of State Highway Ids and the vest line of said Lot 11 and Block.52 for end of said curve: THENCE N 021'04'21' W. along the east fine of State I lighway 140, the west Ana of sale W 11 and the west Leo of said Block 52,'a distance of 15.00 feel to the POINT OF BEGINNING containing a calculated area of 0.426 acre of land. 1001116941w1 I I u NONE (000 I'm ) EXHIBIT ➢ PERMITTED ENCUMBRANCES Page is too large to OCR.