51.002 OF THE TEXAS PROPERTY CODE.
SECTION 16.5.
PERFECTION OF APPOINTMENT. SHOULD ANY
DEED, CONVEYANCE, OR INSTRUMENT OF ANY NATURE BE REQUIRED FROM BORROWER BY ANY
TRUSTEE OR SUBSTITUTE TRUSTEE TO MORE FULLY AND CERTAINLY VEST IN AND CONFIRM TO
THE TRUSTEE OR SUBSTITUTE TRUSTEE SUCH ESTATES, RIGHTS, POWERS, AND DUTIES,
THEN, UPON REQUEST BY THE TRUSTEE OR SUBSTITUTE TRUSTEE, ANY AND ALL SUCH DEEDS,
CONVEYANCES AND INSTRUMENTS SHALL BE MADE, EXECUTED, ACKNOWLEDGED, AND DELIVERED
AND SHALL BE CAUSED TO BE RECORDED AND/OR FILED BY BORROWER.
SECTION 16.6.
SUCCESSION INSTRUMENTS. ANY SUBSTITUTE
TRUSTEE APPOINTED PURSUANT TO ANY OF THE PROVISIONS HEREOF SHALL, WITHOUT ANY
FURTHER ACT, DEED, OR CONVEYANCE, BECOME VESTED WITH ALL THE ESTATES,
PROPERTIES, RIGHTS, POWERS, AND TRUSTS OF ITS OR HIS PREDECESSOR IN THE RIGHTS
HEREUNDER WITH LIKE EFFECT AS IF ORIGINALLY NAMED AS TRUSTEE HEREIN; BUT
NEVERTHELESS, UPON THE WRITTEN REQUEST OF LENDER OR OF THE SUBSTITUTE TRUSTEE,
THE TRUSTEE CEASING TO ACT SHALL EXECUTE AND DELIVER ANY INSTRUMENT TRANSFERRING
TO SUCH SUBSTITUTE TRUSTEE, UPON THE TRUSTS HEREIN EXPRESSED, ALL THE ESTATES,
PROPERTIES, RIGHTS, POWERS, AND TRUSTS OF THE TRUSTEE SO CEASING TO ACT, AND
SHALL DULY ASSIGN, TRANSFER AND DELIVER ANY OF THE PROPERTY AND MONEYS HELD BY
SUCH TRUSTEE TO THE SUBSTITUTE TRUSTEE SO APPOINTED IN THE TRUSTEE'S PLACE.
SECTION 16.7.
NO REPRESENTATION BY TRUSTEE. BY
ACCEPTING OR APPROVING ANYTHING REQUIRED TO BE OBSERVED, PERFORMED, OR FULFILLED
OR TO BE GIVEN TO TRUSTEE (ON ITS OWN BEHALF OR ON BEHALF OF LENDER) PURSUANT TO
THE LOAN DOCUMENTS, INCLUDING, WITHOUT LIMITATION, ANY OFFICER'S CERTIFICATE,
BALANCE SHEET, STATEMENT OF PROFIT AND LOSS OR OTHER FINANCIAL STATEMENT,
SURVEY, APPRAISAL, OR INSURANCE POLICY, NEITHER TRUSTEE NOR LENDER SHALL BE
DEEMED TO HAVE
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WARRANTED, CONSENTED TO, OR AFFIRMED THE SUFFICIENCY, LEGALITY, EFFECTIVENESS,
OR LEGAL EFFECT OF THE SAME, OR OF ANY TERM, PROVISION, OR CONDITION THEREOF,
AND SUCH ACCEPTANCE OR APPROVAL THEREOF SHALL NOT BE OR CONSTITUTE ANY WARRANTY
OR AFFIRMATION WITH RESPECT THERETO BY TRUSTEE, EITHER ON ITS OWN BEHALF OR ON
BEHALF OF LENDER.
[SIGNATURE PAGE TO FOLLOW]
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IN WITNESS WHEREOF, THIS MORTGAGE has been executed by Borrower the day and year
first above written.
BORROWER:
MB SUGAR LAND GILLINGHAM LIMITED
PARTNERSHIP, an Illinois limited partnership
By:
MB SUGAR LAND GILLINGHAM GP,
L.L.C., a Delaware limited liability company,
Its General Partner
By:
MINTO BUILDERS (FLORIDA), INC.,
a Florida corporation, Its Sole Member
By:
/s/ Debra A. Palmer
Name:
Debra A. Palmer
Title:
Assistant Secretary
ACKNOWLEDGMENT
STATE OF ILLINOIS
)
: ss.:
COUNTY OF DUPAGE
)
BEFORE ME, the undersigned, a Notary Public in and for said County and State, on
this day personally appeared
, in his/her capacity
as
of MINTO BUILDERS
(FLORIDA), INC., a Florida corporation, the Sole Member on behalf of MB SUGAR
LAND GILLINGHAM GP, L.L.C., a Delaware limited liability company, the General
Partner of behalf of MB SUGAR LAND GILLINGHAM LIMITED PARTNERSHIP, an Illinois
limited partnership, known to me to be the person whose name is subscribed to
the