FIRST AMENDMENT TO LEASE AGREEMENT

THIS FIRST AMENDMENT TO LEASE AGREEMENT (this "Amendment") is made

and entered into effective as of October 30, 2015 (although not necessarily executed on such

date), by and between SOUTHERN METHODIST UNIVERSITY, a Texas nonprofit

corporation ("Lessor"), and BETA SIGMA FACILITY CORPORATION OF KAPPA

ALPHA THETA (formerly known as Theta Educational Foundation of Southern Methodist

University) ("Lessee").

WITNESSETH:

WHEREAS, Lessor and Lessee did heretofore make and enter into that certain lease

agreement dated December 14, 1950, recorded April 3, 1951 as Instrument No. 40385 in the

Deed Records of Dallas County, Texas (said lease agreement, together with any exhibits,

supplements, addenda and attachments thereto, being herein collectively referred to as the

"Lease"), which Lease set forth the terms and conditions of the lease and demise to Lessee of

certain leased premises as described and defined in the Lease (but which leased premises are

generally described as consisting ofthat certain parcel ofreal property located at 3108 University

Boulevard, Dallas, Texas 75205 and more particularly described in Exhibit A attached hereto

and incorporated by reference herein (the "Land") together with all rights, privileges, easements

and appurtenances belonging or in any way pertaining to the Land, and any improvements

presently on such Land); and

WHEREAS, Lessor, pursuant to a resolution of the Board of Trustees of Lessor passed

on May 4, 2012, desires to enter into this Amendment; and

WHEREAS, Lessee has agreed to replace the existing improvements on the Land and

cause to be erected upon the Land a sorority building of an approved approximate cost, including

but not limited to Soft Costs (as such term is defined in that certain Loan Agreement

(Construction) by and between Lessee and Lessee's lender, dated of even date herewith) of

$9,250,000.00 (the "Approved Cost"), in accordance with the plans and specifications as are

approved by Lessor in advance (the "Approved Improvements"): and

WHEREAS, Lessor has agreed to guarantee an amount not to exceed (i) the lesser of one

half ofthe total cost of construction ofthe Approved Improvements or $4,625,000.00 of Lessee's

construction indebtedness, or (ii) such higher amount not to exceed $5,125,000.00 as may be

approved by the President or Vice President for Business and Finance, subject to the terms and

conditions contained in this Amendment and the loan documents between Lessor and Lessee's

lender (the "Guaranteed Indebtedness"): and

WHEREAS, Lessor and Lessee have agreed to certain modifications of the Lease as

described hereinbelow, all upon and subject to the terms, limitations and conditions set forth in

this Amendment; and

WHEREAS, Lessor and Lessee accordingly desire to amend the Lease upon the terms

and provisions hereinafter set forth;

FIRST AMENDMENT TO LEASE AGREEMENT - Page 1

EXHIBIT A - 2

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AGREEMENT:

NOW, THEREFORE, for and in consideration of the above and foregoing premises and

the mutual covenants and agreements set forth hereinbelow, together with other good and

valuable consideration, the receipt and sufficiency of which are hereby acknowledged by each of

the parties hereto, Lessor and Lessee do hereby agree that the Lease shall be and is hereby

amended as follows:

1. Defined Terms. Terms defined in the Lease and delineated in this Amendment by

initial capital letters shall have the same meanings ascribed thereto in the Lease, except to the

extent that the meaning of any such term is specifically modified by the provisions of this

Amendment. In addition, terms not defined in the Lease but defined in this Amendment will,

when delineated with initial capital letters, have the meanings ascribed thereto in this

Amendment. Terms and phrases which are not delineated in this Amendment by initial capital

letters shall have the meanings commonly ascribed thereto.

2. Guaranteed Indebtedness. Lessor and Lessee hereby agree and acknowledge that

the Guaranteed Indebtedness shall replace in its entirety all prior sums loaned by Lessor to

Lessee pursuant to the Lease, all ofwhich prior sums Lessor acknowledges have been repaid.

3. Description ofthe Premises. Notwithstanding anything to the contrary contained

in the Lease, Lessee and Lessor hereby agree and acknowledge that the legal description of the

leased premises shall be as set forth in Exhibit A attached to this Amendment.

4. Insurance. Notwithstanding anything to the contrary contained in the Lease,

Lessee shall be subject to the following insurance requirements:

a. At all times during the term ofthe Lease, Lessee shall maintain, at its sole

cost and expense, a policy or policies of causes ofloss special form (formerly, "all risks")

property insurance (or comparable coverage by whatever name denominated) on all

improvements located on the Land in an amount equal to not less than 100% of the

replacement costs ofthe improvements against loss or damage by fire or other casualties.

Such policy or policies shall be endorsed to provide that Lessee's insurance is primary in

the event of any overlapping coverage with the insurance carried by Lessor (with any

policies of Lessor being excess, secondary and noncontributing).

b. During the construction of any Approved Improvements, the insurance

required by subsection (a) above shall be in the form commonly known as "Builder's

Risk" on an "all risk" basis including without limitation coverage against fire, lightning,

wind damage, hail and collapse. The policy shall be obtained and maintained by Lessee

or its general contractor in a form and amount not less than 100% of the replacement

costs ofthe Approved Improvements. Coverage shall include all materials, supplies and

equipment that are intended for specific installation in or on the Approved Improvements

while such materials, supplies and equipment are located in or on the Land, in transit, or

while temporarily located away from the Land for the purpose of repair, adjustment or

storage at the risk of one ofthe insured parties.

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c. At all times during the term ofthe Lease, Lessee shall maintain, at its sole

cost and expense, a policy or policies of causes ofloss special form (formerly, "all risks")

insurance (or comparable coverage by whatever name denominated) on all personal

property (including removable trade fixtures, supplies and movable furniture and

equipment) located on the Land and the improvements located on the Land, against loss

or damage by fire or other casualties, in an amount equal to not less than 100% of the

replacement costs of such personal property and endorsed to provide that Lessee's

insurance is primary in the event of any overlapping coverage with the insurance carried

by Lessor (with any policies of Lessor being excess, secondary and noncontributing).

d. At all times during the term of the Lease, Lessee, at its sole cost and

expense, shall maintain a policy or policies ofthe broadest available form of commercial

general public liability insurance (utilizing the then ISO form or an equivalent form)

covering the Land and the improvements and Lessee's use thereof against claims for

personal or bodily injury or death or property damage (including contractual indemnity

and liability coverage) occurring upon, in or about the Land and the improvements, with

the premiums thereon fully paid on or before the due date, and such policies shall provide

minimum limits of not less than $2,000,000.00 combined single limit primary coverage

per occurrence of bodily injury, property damage, or combination thereof. Lessee shall

cause such insurance policies: (i) to contain an endorsement that Lessee's insurance is

primary and noncontributory for claims arising out of an incident or event occurring

within the Land and the improvements (with any policies of Lessor being excess,

secondary and noncontributing); and (ii) to (A) contain a provision naming Lessor and its

trustees, officers, employees and agents as an additional insured using ISO Additional

Insured Endorsements CG 20 10 10 01 (ongoing operations) and CG 20 37 10 01

(completed operations), or their equivalent; (B) apply as primary insurance with respect

to any other insurance or self-insurance programs maintained by Lessor; and (C) include

coverage for the contractual liability of Lessee to indemnify Lessor pursuant to the terms

ofthe Lease.

e. At all times during the term of the Lease, Lessee, at its sole cost and

expense, shall maintain a policy or policies of workers' compensation insurance in an

amount not less than that necessary to satisfy all statutory limits and other requirements

of law concerning such workers' compensation coverage for Lessee's use and operations

within the Land and any improvements. Such policy shall contain a waiver of

subrogation endorsement reasonably acceptable to Lessor.

f. Lessee shall furnish Lessor with binders or evidences of all insurance

required by the Lease, in form reasonably satisfactory to Lessor, as a condition of the

effectiveness of this Amendment. Whenever requested by Lessor, Lessee shall also

reasonably satisfy Lessor that such insurance is in full force and effect and that Lessor is

named thereunder as an additional insured or loss payee, as applicable. Copies of all

renewals of all insurance policies maintained pursuant to the Lease shall be delivered to

Lessor at least 15 days prior to the expiration dates ofsuch policies.

g. Lessee shall cause all insurance as required by the Lease to be procured

from companies licensed to do business in the State having an A.M. Best Rating of "A

VII" or better (or an equivalent rating if Best's ratings are substantially revised or

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discontinued) and shall be in form and substance reasonably acceptable to Lessor. The

deductible for any such coverage shall be determined by Lessee, subject to the prior

written approval by Lessor which shall not be unreasonably withheld or delayed. All of

such policies for property insurance shall provide for payment ofthe proceeds thereunder

(with respect to claims for damage to the Land and the improvements on the Land)

jointly to Lessor and Lessee, which proceeds shall be deposited by Lessor and Lessee

into a separate segregated escrow account to be held in trust by an escrow agent approved

by Lessor and Lessee (or Lessee's lender) (which approval shall not be unreasonably

withheld or delayed), and to be disbursed and applied in accordance with this

Amendment; provided, however, upon the request by Lessee to Lessor, Lessor, in

Lessor's sole discretion, shall have the right to waive any such escrow requirements and

in such event, the parties shall be entitled to take direct control over their insurance funds.

All such policies shall contain a provision that they shall not be cancelled or materially

modified (including any reduction in the scope or limits of coverage) without at least 30

days prior written notice to Lessor. If it becomes customary for properties in the Dallas,

Texas area to have insurance with coverages other than, or increased coverages over, any

of the insurance requirements described in this Amendment then, within 15 days after

Lessor's reasonable request therefor, Lessee shall provide Lessor with satisfactory

evidence of Lessee's obtaining and maintaining in place the insurance policy or policies

so requested in order to provide such increased or other coverages (and which insurance

policy or policies shall otherwise be in accordance with the terms and conditions of this

Amendment).

h. If the Lease is terminated, all proceeds of insurance under property

insurance policies covering the Land and the improvements on the Land, maintained by

Lessee as required by the Lease, and all claims against insurers (with respect to damage

to the Land and the improvements on the Land) shall thereafter be and become the sole

and absolute property of Lessor, unless otherwise agreed upon by Lessor.

i. Notwithstanding any provision to the contrary contained herein, each party

to the Lease hereby waives and releases any and every claim which arises or may arise in

its favor and against the other party hereto and/or such party's officers, directors, trustees,

employees and agents during the term or the Lease or any extension or renewal thereof

for any and all loss of, or damage to, any ofits property or any injuries to or death of any

person (REGARDLESS OF WHETHER SUCH LOSS OR DAMAGE IS THE RESULT

OF OR CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OF THE

RELEASED PARTY OR ANY STRICT LIABILITY) which loss or damage is covered

by valid insurance policies required under the Lease, to the extent that such loss or

damage is recovered under said insurance policies. Said waivers shall be in addition to,

and not in limitation or derogation of, any other waiver or release contained in the Lease

with respect to any loss or damage to property ofthe parties to the Lease. Each party to

the Lease hereby agrees immediately to give to each insurance company which has issued

to it policies of property insurance written notice ofthe terms of said mutual waivers, if

necessary, and to have said insurance policies properly endorsed, if necessary, to prevent

the invalidation ofsaid insurance coverages by reason ofsaid waivers.

5. Term of Lease. Upon the issuance of a certificate of occupancy by the City of

University Park for the Approved Improvements, Lessor hereby agrees that the term ofthe Lease

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shall be extended until December 31, 2059, provided that the Lease is not sooner terminated

pursuant to the terms ofthe Lease.

6. No Leasehold Mortgage. Notwithstanding anything to the contrary contained in

the Lease, Lessee hereby agrees and acknowledges that Lessee shall not make any assignment of

the leasehold estate granted by the Lease or the improvements located on the Land.

7. Taxes. Notwithstanding anything to the contrary contained in the Lease, Lessee

hereby agrees and acknowledges that Lessee shall pay all real property and personal property

taxes (whether designated as ad valorem taxes or in some other manner and however calculated)

and other taxes, assessments (general and special), impositions and other governmental charges,

general and special, ordinary and extraordinary, of any kind or nature, which are assessed against

or otherwise attributable to real property or personal property levied on or against the fee interest

in the Land and any interest in the leased premises and/or the improvements located on the Land

(whether assessed against Lessor or Lessee), before the same become delinquent, which during

the term ofthe Lease may be assessed, levied, imposed upon, or arise from, or become due and

payable out of or in respect of, or become a lien on, the fee interest in the Land and any interest

in the leased premises or the improvements on the Land, or any part thereof or any appurtenance

thereto.

8. Mechanics Liens. Lessor shall not be liable for any labor or materials furnished

or to be furnished to Lessee upon credit, and no mechanic's or other lien for any such labor or

materials ("Mechanic's Liens") shall attach to or affect the fee interest, or the reversion or other

estate or interest of Lessor in and to, the Land or any improvements thereon. Lessee shall not

permit any Mechanic's Liens to attach to the Land or any improvements thereon, and if any such

Mechanic's Lien does so attach, Lessee will promptly pay such amount due; provided, however,

Lessee may in good faith contest any such claims by appropriate administrative or judicial

proceedings as long as:

a. Lessee has a reasonable basis for such contest;

b. Lessee pays, prior to the date any interest or penalties will attach thereto,

any portion of any such claims that Lessee does not contest;

c. Lessee's contest will not result in or pose any risk of the seizure or sale

upon the Property or any portion thereof;

d. Lessee at all times prosecutes such contest with due diligence; and

e. Lessee pays, prior to the date any interest or penalties will attach thereto,

the amount of the disputed claim that is determined by a court of competent jurisdiction

to be due and owing by Lessee.

9. Damage or Destruction. Lessee hereby agrees and acknowledges that if all or any

material part ofthe improvements located on the Land is destroyed or damaged by fire or other

casualty, Lessee shall promptly deliver written notice thereof to Lessor and promptly clean the

Land and restore the Land to a safe and "construction ready" condition. If all or any part ofthe

improvements located on the Land shall be destroyed by fire or other casualty on or before the

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date that is five years prior to the expiration ofthe Lease, and the Lease has not been terminated,

the improvements shall be restored by Lessee, at its sole cost and expense, without unreasonable

delay after the date on which claims made by Lessee under property insurance covering such fire

and other casualty loss shall have been settled or otherwise resolved (and in any event within one

year unless otherwise approved by Lessor, but in any event not longer than one and a half years

after the event of fire or other casualty). Lessee shall in good faith diligently pursue all claims

under such insurance. Any construction of improvements or additions or changes made in

connection with restoration of the improvements located on the Land after fire or other casualty

shall be completed by Lessee in a good and workmanlike manner and in accordance with all

applicable Laws and in accordance with the Lease. The insurance proceeds shall be placed in the

separate segregated escrow account as required by the Lease, shall be disbursed by the escrow

agent thereof upon the delivery by Lessee to the escrow agent (with a copy to Lessor) of a

certificate for payment signed by an executive officer of Lessee, which shall certify the amount

of the disbursement requested and the amount of disbursements previously made from the

escrow account and shall contain a certification that all such previous disbursements have been

applied, and the current disbursement will be applied, to the direct and indirect costs of

rebuilding, restoring and repairing that part of the improvements for which the insurance

proceeds were payable and which shall be accompanied by one or more invoices from the

general contractor supporting the requested disbursement. Prior to termination of the Lease,

Lessee shall be entitled to adjust in good faith all claims made under any insurance policies

obtained by Lessee by reason of loss of or damage to the Land or any improvements situated

thereon subject to the prior written approval of Lessor which shall not be unreasonably withheld

or delayed. IfLessee fails to rebuild, restore and repair the improvements in accordance with the

Lease, then Lessor shall have the right to send Lessee a letter describing such failure and stating,

in all caps and bold, that ifsuch failure is not remedied by Lessee within 90 days after such letter

is delivered to Lessee's address, or, ifsuch failure cannot be remedied within such 90 day period,

such longer period as may be reasonably required, so long as Lessee commences to remedy such

failure within such 90 day period and thereafter diligently pursues such cure to completion,

Lessor shall have the option to terminate the Lease. If Lessee fails to remedy such failure within

the time provided above after delivery of such letter, Lessor, in Lessor's sole discretion, shall

have the option to terminate the Lease. Upon any such termination of the Lease, Lessor shall

then be entitled to the entire insurance proceeds payable under all policies of property insurance

available to the insured because of such destruction or damage to the land or the improvements

on the Land. Any funds held by the escrow agent at the time of the termination of the Lease

shall become the property of Lessor and shall be promptly disbursed to Lessor by the escrow

agent, except as otherwise agreed upon by Lessor. Notwithstanding the foregoing, if all or any

part of the improvements located on the Land shall be destroyed by fire or other casualty after

the date that is five years prior to the expiration of the Lease, the Lease shall automatically

terminate, Lessor shall be entitled to adjust in good faith all claims made under any insurance

policies obtained by Lessee by reason of loss of or damage to the Land or any improvements

situated thereon, and Lessor shall be entitled to the entire insurance proceeds payable under all

policies ofinsurance available to the insured because ofsuch destruction or damage.

10. Condemnation. Lessee hereby agrees and acknowledges that if the entire or any

substantial portion ofthe Land or the improvements located on the Land is subject to a taking for

any public or quasi public use, by eminent domain proceedings, by a governmental authority or

by an action in the nature of eminent domain (whether permanent or temporary) or the sale or

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other transfer of all or a portion of the Land or the improvements located on the Land in lieu

thereof which is sufficient to render the remaining portion unsuitable for restoration for Lessee's

continued use thereof as permitted by the Lease, either Lessor or Lessee shall be entitled to

terminate the Lease by sending written notice of such terminate to the other party. Whether the

portion taken is "substantial" and is "sufficient to render the remaining portion unsuitable for

restoration for Lessee's continued use thereof as permitted the Lease" shall be determined by

Lessor, in Lessor's sole discretion. Any such termination ofthe Lease shall be without prejudice

to the rights of either Lessor or Lessee to recover the award from the condemning authority for

any loss or damage caused by such condemnation. Neither Lessor nor Lessee shall have any

right in or to any award made to the other by the condemning authority. With respect to a taking

of a portion ofthe Land or the improvements located on the Land that is not "sufficient to render

the remaining portion unsuitable for restoration for Lessee's continued use thereof as permitted

the Lease" (herein called "Partial Taking"), Lessee shall, at its sole cost and expense, promptly

after such Partial Taking, commence and complete the restoration of the Land and the

improvements as nearly as practicable to their value, condition and character, as existed

immediately prior to such Partial Taking within one year after the final determination of the

award with respect to such Partial Taking, provided Lessee is entitled to and receives an award

for the value of the improvements taken in such Partial Taking in an amount reasonably

sufficient to complete such restoration as determined in Lessee's reasonable discretion. If Lessee

is not required to restore the improvements as provided in this Section 10, Lessee may terminate

this Lease upon notice to Lessor. No Partial Taking shall in itself have the effect ofterminating

the Lease.

11. Lease Termination and Guaranteed Indebtedness. Lessor and Lessee hereby

agree and acknowledge that the following provisions shall replace the first paragraph on page

three ofthe Lease in its entirety as follows:

a. In the event of a Voluntary Termination (as defined below) of the Lease,

all rights of Lessee pursuant to the Lease shall revert to Lessor, and Lessor shall pay to

Lessee the Termination Value (hereinafter defined), which shall represent the depreciated

value ofthe Approved Improvements (as they exist as ofthe date ofsuch termination) as

calculated in accordance with this paragraph (the "Approved Improvements Value"). The

Approved Improvements Value is calculated based on the final cost of the project, not to

exceed the Approved Cost (the "Total Costs"), reduced to account for various costs

included therein from which the Lessor, in Lessor's sole judgment, does not benefit ("NoBenefit Costs"), including, but not limited to any of Lessee's fundraising costs and other

improvements or personal property from which Lessor gains no benefit such as furniture

or certain fixtures, in Lessor's sole discretion. The "Termination Value", as used herein,

is the Approved Improvements Value determined by depreciating and reducing the

Approved Improvements Value over a 40-year period on a straight line basis with no

remaining value at the end ofthat term. The specific formulas are as follows:

Approved Improvements Value = Total Costs - No-Benefit Costs

Termination Value = Approved Improvements Value -

((Approved Improvements Value/40]*n)

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where n = the number of years that have passed since the date on which

a certificate of occupancy by the City of University Park is issued for

the Approved Improvements.

The Termination Value due and payable pursuant to this paragraph shall be reduced by

the amount ofthe Guaranteed Indebtedness that is paid by Lessor to Lessee's lender as a

result of such Voluntary Termination. Lessor shall first apply any payments made

pursuant to this paragraph against liens or charges against the improvements and any

balance due to Lessee shall be paid in cash to Lessee, its successors or assigns. As used

in this Amendment, "Voluntary Termination" shall mean a termination of the Lease due

to Lessee's voluntary cessation to function on behalf of the local SMU chapter of the

Kappa Alpha Theta sorority (at which time this Lease shall automatically terminate

except as otherwise agreed to in writing by Lessor), but expressly excluding any

termination ofthe Lease due to a Lessee default pursuant to subpart (b) below.

b. In the event of any termination ofthe Lease due to a Lessee default under

the Lease, all rights of Lessee pursuant to the Lease shall revert to Lessor, and Lessor

shall pay to Lessee an amount equal to the lesser of either (a) the Termination Value or

(b) the current outstanding principal balance of the loan (prior to any acceleration and

expressly excluding any indebtedness related to SWAP or hedge agreement obligations

of Lessee) that is partially secured by the Guaranteed Indebtedness. Any payments due

and payable pursuant to this paragraph shall be reduced by the amount ofthe Guaranteed

Indebtedness that is paid by Lessor to Lessee's lender as a result of such termination of

the Lease. Lessor shall first apply any amounts due to Lessee pursuant to this paragraph

against liens or charges against the improvements and any balance due to Lessee shall be

paid in cash to Lessee, its successors or assigns. Once the indebtedness partially secured

by the Guaranteed Indebtedness is paid in full, Lessor shall have no obligation to pay any

amounts to Lessee upon the termination of the Lease due to a Lessee default under the

Lease.

c. In the event of any termination of the Lease due to Involuntary

Termination (as defined below) of the Lease, all rights of Lessee pursuant to the Lease

shall revert to Lessor, and Lessor shall pay to Lessee the Termination Value. Any

payments due and payable pursuant to this paragraph shall be reduced by the amount of

(a) the Guaranteed Indebtedness that is paid by Lessor to Lessee's lender as a result of

such Involuntary Termination of the Lease and (b) any amount of award paid to Lessee

(or its lender) pursuant to Section 10 of this Amendment. Lessor shall first apply any

amounts due to Lessee pursuant to this paragraph against liens or charges against the

improvements and any balance due to Lessee shall be paid in cash to Lessee, its

successors or assigns. Once the indebtedness partially secured by the Guaranteed

Indebtedness is paid in full, Lessor shall have no obligation to pay any amounts to Lessee

upon the termination ofthe Lease due to Involuntary Termination ofthe Lease. As used

in this Amendment, "Involuntary Termination" shall mean a termination ofthe Lease (i)

pursuant to Section 9 ofthis Amendment, (ii) pursuant to Section 10 ofthis Amendment,

(iii) due to a change in law that prevents the use of the Land in accordance of the

provisions ofthe Lease (at which time this Lease shall automatically terminate except as

otherwise agreed to in writing by Lessor and Lessee), or (iv) for any other reason beyond

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Lessee's control, but expressly excluding any termination of the Lease due to a Lessee

default pursuant to subpart (b) above.

12. Rules. Restrictions and Terms ofthe Governing Authorities ofLessor. Lessor and

Lessee hereby agree and acknowledge that the following provision shall replace the second full

paragraph on page two ofthe Lease in its entirety as follows:

It is further stipulated and agreed that the leased premises and the improvements

thereon shall be used strictly in accordance with the University Policies, rules,

restrictions and terms of the governing authorities of the Lessor, and that the

Lessor shall have the right to prescribe and impose additional restrictions and

rules from time to time as the governing authorities of Lessor may deem proper to

insure orderly conduct and proper discipline on the part of the Lessee or

occupants ofsaid premises and of persons holding under them, including the right

on the part of the Lessor to prescribe health and sanitary regulations and to

enforce payment for water, light, heat and other charges, including taxes, if any,

and other such rules and regulations as the welfare of the University and the

occupants ofthe improvements on the leased premises may reasonably demand in

the judgment ofthe Lessor. Lessee agrees that the Lessor may but is not obligated

to install video surveillance equipment on or near the leased premises (see

University Policy 10.13).

13. Ratification. Lessee and Lessor each hereby ratify and confirm their respective

obligations under the Lease, and each further hereby confirms and ratifies that, as ofthe date of

this Amendment, the Lease is and remains in good standing and in full force and effect.

14. Binding Effect; Governing Law. This Amendment inures to the benefit of and

shall be binding upon Lessor and Lessee and their respective successors and permitted assigns.

This Amendment and the rights of the parties hereunder shall be governed by and construed in

accordance with the laws ofthe State ofTexas.

15. Miscellaneous. Except as specifically amended by the provisions of this

Amendment, the terms and provisions stated in the Lease shall continue to govern the rights and

obligations ofLessor and Lessee with respect to the matters that are the subject ofthe Lease; and

all provisions and covenants of the Lease are and shall remain in full force and effect as stated

therein, except to the extent specifically amended by the provisions of this Amendment. The

Lease and this Amendment shall be construed as one instrument. In that regard, the Lease and

this Amendment, including all exhibits and addenda (if any) to each such document, constitute

the entire agreement between the parties relative to the subject matter hereof and thereof and

supersede all prior and contemporaneous agreements and understandings of Lessor and Lessee in

connection therewith. Captions and headings throughout this Amendment are inserted only as a

matter of convenience and are not to be given any effect whatsoever in construing this

Amendment. Words of masculine, feminine or neuter gender as used in this Amendment shall

mean and include the correlative words ofthe other genders, and words used in this Amendment

importing a singular number shall mean and include the plural number and vice versa. All

references in this Amendment to numbered paragraphs are references to the paragraphs of this

Amendment, unless otherwise expressly designated in context.

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16. Multiple Counterparts. To facilitate execution of this Amendment, this

Amendment may be executed in one or more counterparts as may be convenient or required.

17. No Construction against Draftsman. No inference in favor of or against any party

shall be drawn from the fact that such party has drafted any provision ofthis Amendment or that

such provisions have been drafted on behalf ofsaid party.

18. Legal Description; Recording. The parties acknowledge that the parties agree to

amend the legal description of the Land as described on Exhibit A to exclude the existing

parking area and the adjacent sidewalk area. After Lessor receives the updated legal description

and survey reasonably approved by Lessor and Lessee, Lessee hereby agrees to cooperate in a

timely manner with Lessor to correct the legal description in Exhibit A. Upon such amendment,

a memorandum of this Amendment shall be recorded in the Deed Records of Dallas County,

Texas.

[Remainder of Page Intentionally Left Blank. Signature Pages Follow.]

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IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be

executed effective as ofthe day and year first hereinabove written.

Lessor:

STATE OF TEXAS

COUNTY OF DALLAS

SOUTHERN METHODIST UNIVERSITY, a

Texas nonprofit corporation

Name: Dr. R. Gerald Turner

Title: President

Address:

Joanne Vogel

Vice President for Student Affairs, ad interim

Southern Methodist University

Perkins Administration Building

PO Box 750471

Dallas. Texas 75275-0471

With a copy to:

Office of Legal Affairs

Southern Methodist University

P.O. Box 750132

Dallas, Texas 75275-0132

Attention: Martha Fleisher

The foregoing instrument was acknowledged before me this cxrl day of October, 2015,

by Dr. R. Gerald Turner, as President of SOUTHERN METHODIST UNIVERSITY, a

corporation, on behalf ofsaid corporation.

My Commission Expires:

Notary IJeblic, State of Texas

Printed Name ofNotary Public

FIRST AMENDMENT TO LEASE AGREEMENT - Signature Page

Case 3:22-cv-01782-M Document 23-3 Filed 08/18/22 Page 11 of 13 PageID 956
STATE OF TEXAS §

§

COUNTY OF DALLAS §

Lessee:

BETA SIGMA FACILITY CORPORATION

OF KAPPA ALPHA THETA,

a Texas nonprofit corporation

By:_

Name:

Title:

Address: 3108 University Boulevard, Dallas,

Texas 75205

The foregoing instrument was acknowledged before me this day of October, 2015,

by , as of BETA SIGMA FACILITY

CORPORATION OF KAPPA ALPHA THETA, a Texas nonprofit corporation, on behalf of

said corporation.

[SEAL]

My Commission Expires:

Notary Public, State ofTexas

Printed Name ofNotary Public

FIRST AMENDMENT TO LEASE AGREEMENT - Signature Page

Case 3:22-cv-01782-M Document 23-3 Filed 08/18/22 Page 12 of 13 PageID 957
EXHIBIT A

Legal Description of the Leased Premises

Lot 1, Block A, SMU Sorority Place, a subdivision of parts of Tracts 2 and 3 of the Frances

Daniel Partition and a re-plat of part of Block A of Berkley Addition to the City of University

Park, Dallas County, Texas.

FIRST AMENDMENT TO LEASE AGREEMENT, Exhibit A - Solo Page

4842-7875-7670v.5 40296-68

Case 3:22-cv-01782-M Document 23-3 Filed 08/18/22 Page 13 of 13 PageID 958