Exhibit 10.15
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR
STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED
FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S
LICENSE NUMBER.
DEED OF TRUST, ASSIGNMENT OF RENTS,
SECURITY AGREEMENT AND FINANCING STATEMENT
THE STATE OF TEXAS
§
§
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF BEXAR
§
THAT I, WE, or EITHER OF US, LANCER PARTNERSHIP, LTD., a Texas limited
partnership of the County of BEXAR, State of TEXAS, sometimes hereinafter called
Grantors (whether one or more) for the purposes of securing the indebtedness
hereinafter described, and in consideration of the sum of TEN DOLLARS ($10.00)
to us in hand paid by the Trustee hereinafter named, the receipt and sufficiency
of which is hereby acknowledged, and for the further consideration of the uses,
purposes and the trusts hereinafter set forth, have GRANTED, SOLD AND CONVEYED,
and by these presents do GRANT, SELL and CONVEY, unto STEVE E. EDLUND Trustee,
of International Bank of Commerce, 130 E. Travis, San Antonio, Bexar County,
Texas 78205 and his substitutes or successors, all of the following described
property situated in BEXAR County, Texas (hereinafter the "Property"), to-wit:
THAT CERTAIN REAL PROPERTY LOCATED IN BEXAR COUNTY, TEXAS BEING MORE
PARTICULARLY DESCRIBED ON EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN.
TO HAVE AND TO HOLD the above described Property, together with the rights,
privileges and appurtenances thereto belonging unto the said Trustee, and to his
substitutes or successors forever and Grantors do hereby bind themselves, their
heirs, executers, administrators and assigns to warrant and forever defend the
said premises unto the said Trustee, his substitutes or successors and assigns
forever, against the claim or claims, of all persons claiming or to claim the
same any part thereof.
This conveyance, however, is made in TRUST to secure payment of one /Promissory
Note dated of even date, in the principal sum of FIFTEEN MILLION AND NO/ 100
DOLLARS ($15,000,000.00) (the "Note"), executed by the makers of said Note,
LANCER PARTNERSHIP, LTD., a Texas limited partnership who together with the
above named Grantors, shall hereinafter collectively and interchangeably be
referred to as Grantors, payable to the order of INTERNATIONAL BANK OF COMMERCE,
hereinafter referred to as Beneficiary, in the City of SAN ANTONIO, BEXAR
County, Texas and payable as therein provided, including late charges; bearing
interest as therein stipulated, providing for acceleration of maturity and for
reasonable and necessary attorney's fees;
Should Grantors do and perform all of the covenants and agreements herein
contained, and make payment of said indebtedness as the same shall become due
and payable, then this conveyance shall become null and void and of no further
force and effect, and shall be released at the expense of Grantors, by the
holder thereof, hereinafter called Beneficiary (whether one or more).
Grantors COVENANT and AGREE as follows:
That they are lawfully seized of said Property, in fee simple absolute, and have
the right