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FOURTTI ;MODIFICATION
<br />TO
<br />CHAP'T'ER 380 ECONOMIC DEVELOPMF,NT GRANT ANU LUA_V AGREEMENT
<br />This Fourth Moditication to Chapter 380 Economic Development Grant and Loan Agreement
<br />(hereinafter referred to as the `'Amendment") is executed and entered into effective this day of
<br />September, 2007, by and beriveen the City of San Marcos, Texas, a Texas municipal corporation (`'City"),
<br />John Q. Hammons, as 'trustee of the Revocable Tncst of John Q. Hacnmons, Dated December 28, 1989,
<br />as amended and restated ("JQH") and .TQH-San i~'Iarcos Development, LLC, a Missouri limited liability
<br />a~mpany ("JQH-San Marcos").
<br />RECITALS:
<br />T`he following Recitals form the basis of, and are, therefore, made a part of, this Amendment:
<br />(a) Cily and JQH previously entered into that one certain Chapter 380 Economic
<br />Development Grant and Loan Agreement dated July I5, 2005, as amended by a (i) First
<br />Modification to Chapter 380 Economic Development Grant and Loan Agreement dated effective
<br />October 15, 2005, and recorded in Volume 2791, Page 278, et seq., in the Official Public Records
<br />of Real Property of I[ays County, Texas; (ii) Second Modification to Chapter 380 Economic
<br />Development Grant and Loan Agreement dated effective ~lovember 17, 2005, and recorded in
<br />Volume 2833, Page 395, et seq., m the Official Public Records of Real Property of Hays County,
<br />"Texas; and (iii) Third Modification to Chapter 380 Economic Development Grant and Loan
<br />Agreement dated effective January 18, 2006, and recorded in Volume 2888, Page 344, et seq., in
<br />the Official Public Records of Real Property of Hays County, Texas (collectively, the "Loan
<br />Agreement"),
<br />(b) City and JQH desire to amend the Loan Agreement, to amongst other
<br />modifications, reflect the City's agreement to delay payment on the Mute on the terms and
<br />conditions set forth herein, to reflect JQH-San Marcos as a maker of the Note and to reflect the
<br />change in ownership of the Property from JQH to JQH-San Marcos;
<br />(c} City, JQH and JQH-San Marcos agree to amend and modify the Loan Agreement
<br />as set forth below; and
<br />(d) All defined terms used but not defined in this Amendment shall have the
<br />meanings given the sarne in the Loan Agreement_
<br />NOW, THEREFORE, for and in consideration of the premises and mutual covenants set forth
<br />herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby
<br />acknowledged and confessed, City, JQH and JQII-San Marcos hereby covenant and agree as Follows:
<br />I. Representations, Certifications and W-arranties
<br />l , l By_JQH. In order to induce City to enter into this Amendment and to consummate the
<br />U-ansactions contemplated hereby, and with full and complete knowledge that, if it were not for the truth
<br />and accuracy of the statements and agreements set forth herein, City would not enter into this Amendment
<br />or the transaction contemplated hereby, .iQH hereby covenants, warrants, certifies and represents to City
<br />as follows:
<br />9RS8'17 7
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