ORDER N0. 18315 MOTION TO RATIFY MOONF.Y AIRPORT LFASF. On this the 2,2nd day af. D~rember 1988, upon motion made by Commissioner Ray, seconded by Commissioner Baldwin, the Court. unani.mousl.y approved the County Judge to sign, on behalf of. Kerr County, two letters to ANF Finance Southwest Corporation ratifying a lease between the City of Kerrville, the County of Kerr and Mooney Aircraft Corporation. December ~_, 1988 BNP Finance SoutYiwest Corporation One Allen Center, Suite 775 Houston, Texas 77002 Gentlemen: At your request in connection witYi your proposed loan to Mooney Aircraft Corporation ("Mooney"), the undersigned certifies to you as follows: 1. The undersigned is tYie landlord under tYie Lease dated January 10, 1963, between tYie City of Kerrville ("City") and Kerr County ("County"), as Lessor, and Mooney Aircraft, Inc., as Lessee, said Lease having been amended by Lease Amendment dated December 13, 1966, between the City, County and Mooney Aircraft, Inc. and assigned by Assignment of Leasehold Interest dated MarcYi 25, 1969 by Lukin Gilliland, Receiver and Trustee in Bankruptcy of Mooney Aircraft, Inc. to Mooney and amended by Amendment to Lease dated August 27, 1972 between the Kerrville-Kerr County Joint Airport Board on behalf of the City and County and SAACT Corporation and assigned by Assignment of Lease dated October 4, 1973 by BAACT Corporation to Mooney (tkie "Lease") and is tYie sole present owner of fee. simple title to tYie property covered tkiereby ("Property"). 2. To our knowledge, no liens cover any portion of tkie leased Property or tYie Lease except tYiose granted by Mooney to Saudi European Sank S.A, and/or you. 3. The Lease permits Mooney to grant a Deed of Trust lien and security interest to you covering Mooney's interest under the Lease. 4. TYie Lease is in full force and effect, and Exkiibit "A" attached is a correct copy of the Lease, including all amendments or modifications thereof. 5. To our knowledge, neither tYie undersigned nor Mooney is in default under the Lease; and to our knowledge no event has occurred that with or witYiout the lapse of time will constitute a default. 6. You are entitled to tYie rigYits of a mortgagee of tYie leasehold as granted under the Lease Amendment dated November 27, 1984, and cae acknowledge that any notices required to be given to you under the Amendment will be sent to you at BNP Finance SoutYiwest Corporation, One Allen Center, Suite 775, Houston, Texas 77002, by certified or registered mail, return receipt requested. °" Vw^ ~ ~ ~~'~~`~~ (JHRES) LGLWe~/ a~ CITY OF KERRVILLE Name :_ add R. Turner ~~( ~~ Title: Mayor COUNTYnOF KERRw LU kERRv~~~E- KERB CnuaTy Spn~T AIR ~~ NAMe -~ n ,,,_ r+le ~""" ~ ~ BY = c ~G~(.c ~ 4~-- Name: DANNY R. E WARDS Title: County Judge December ."'-:C 1988 BNP Finance Southwest Corporation One Allen Center, Suite 775 'Houston, Texas 77002 Gentlemen: At your request in connection with your proposed loan to Mooney Aircraft Corporation ("Mooney"), tYie undersigned certifies to you as follows: 1. The undersigned is tYie landlord under the Lease dated April 27, 1982 between tYie undersigned and Mooney (tYie "Lease") and is tYie sole present owner of fee simple title to tY:e property covered thereby ("Property"). 2. To our knowledge, no liens cover any portion of tkie leased Property or the Lease except tkiose granted by Mooney to Saudi European Bank $.A, and/or you. 3. The Lease permits Mooney to grant a Deed of Trust lien and security interest to you covering Mooney's interest under the Lease. 4. The Lease is in full force and effect, and Exhibit "A" attached is a correct copy of the Lease, including all amendments or modifications thereof. 5. To our knowledge, neither the undersigned nor Mooney is in default under the Lease; and to our knowledge no event Yias occurred tYiat with or without the lapse of time will constitute a default. 6. You are entitled to the rigkits of a mortgagee of the leasekiold as granted under tkie Lease Amendment dated November 27, 1984, and we acknowledge that any notices required to be given to you under the Amendment will be sent to you, at BNP Finance Southwest Corporation, One Allen Center, Suite 775, Houston, Texas 77002, by certified or registered mail, return receipt requested. :, ~ ~,~` G/2e~io)`/' ~ ~rj l/ s/~ J b. ~~C N S U ~` ~1 d KERRVILLE-KEP.R COUNTY JOINT AIRPORT BOARD By: ~ L tp ~~~~~ Name:~S e hen bra e ~ Title: (''l~i'i~r ~ t AJ/ °4L ~ 6l~'~C~ CITY OF KERRVILLE Name: Edd R. Turner Title: Mayor COUNTY OF KERR By:~ Name: Title: c~ ~U-. _/L s u4 DANNY R. EDWARDS COUNTY JUDGE. KERR COUNTY KERRVIIIE, TEXAS 78028 December 21, 1988 ~~oNE s~z zs. a, Mr. E. Dwaine Machann Wallace, Jackson, Ables &Machann 829 Jefferson Kerrville, Texas 78028 Re: Mooney Lease Agreements Attached hereto, are two letter agreements directed to BNP Finance Southwest Corporation in connection with the captioned matter. You will note that I have executed these on behalf of Kerr County. However, the matter will be put before the Commissioners' Court on December 27, i 988. If for any reason, the Court sees fit not to authorize my signing of these documents, you understand and agree that my signature will be deemed null and void. I have given you this early signature in an effort to expedite this matter. Execution by the County is only with the concurrence of the City of Kerrville, and I understand the City will consider the matter on the 23rd of December, 1988. Thank you for your attention to this matter and if I can be of further assistance, please do not hesitate to call on me. Very truly yo~rs, County Judge DRE/Ir Enclosure December 1988 BNP Finance Southwest Corporation One Allen Center, Suite 775 Houston, Texas 77002 Gentlemen: At your request in connection with your proposed loan to Mooney Aircraft Corporation ("Mooney"), tkie undersigned certifies to you as follows: 1. The undersigned is the landlord under tkie Lease dated January 10, 1963, between the City of Kerrville ("City") and Kerr County ("County"), as Lessor, and Mooney Aircraft, Inc., as Lessee, said Lease having been amended by Lease Amendment dated December 13, 1966, between tYie City, County and Mooney Aircraft, Inc. and assigned by Assignment of LeaseYiold Interest dated March 25, 1769 by Lukin Gilliland, Receiver and Trustee in Bankruptcy of Mooney Aircraft, inc. to Mooney and amended by Amendment to Lease dated August 27, 1972 between tYie Kerrville-Kerr County Joint Airport Board on behalf of tkie City and County and BAACT Corporation and assigned by Assignment of Lease dated October 4, 1973 by BAACT Corporation to Mooney (tYie "Lease") and is the sole present owner of fee simple title to tYie property covered thereby ("Property"). 2. To our knowledge, no liens cover any portion of tkie leased Property or the Lease except tYiose granted by Mooney to Saudi European Bank S.A. and/or you. 3. The Lease permits Mooney to grant a Deed of Trust lien and security interest to you covering Mooney's interest under the Lease. 4. Tkie Lease is in full force and effect, and Exhibit "A" attached is a correct copy of tkie Lease, including all amendments or modifications tkiereof. To our knowledge, neither the undersigned nor Mooney is in default under the Lease; and to our knowledge no event has occurred that with or without the lapse of time will constitute a default. You are entitled to the rights of a mortgagee of the leasehold as granted under the Lease Amendment dated November 27, 1984, and we acknowledge that any notices required to be given to you under the Amendment will be sent to you at BNP Finance Southwest Corporation, One Allen Center, Suite 775, Houston, Texas 77002, by certified or registered mail, return receipt requested. CITY OF KERRVILLE By: Name: Title: COUNTY OF KERR BY ~ ~'' ~GWdc/l~ Name: DAN R. DWARDS Title:County Jude (JHRE5) December , 1988 BNP Finance Southwest Corporation One Allen Center, Suite 775 Houston, Texas 77002 Gentlemen: At your request in connection with your proposed loan to Mooney Aircraft Corporation ("Mooney"), the undersigned certifies to you as follows: 1. The undersigned is tYie landlord under tYie Lease dated April 27, 1982 between the undersigned and Mooney (the "Lease") and is tYie sole present owner of fee simple title to the property covered thereby ("Property"). 2. To our knowledge, no liens cover any portion of the leased Property or tYie Lease except tYiose granted by Mooney to Saudi European Bank S.A, and/or you. 3. The Lease permits Mooney to grant a Deed of Trust lien and security interest to you covering Mooney's interest under tYie Lease. 9. TYie Lease is in full force and effect, and Exhibit "A" attached is a correct copy of the Lease, including all amendments or modifications thereof. 5. To our knowledge, neither the undersigned nor Mooney is in default under the Lease; and to our knowledge ro event has occurred that with or without the lapse of time will constitute a default. 6. You are entitled to the rights of a mortgagee of the leasehold as granted under the Lease Amendment dated November 27, 1984, and we acknowledge that any notices required to be given to you under the Amendment will be sent to you at BNP Finance Southwest Corporation, One Allen Center, Suite 775, Houston, Texas 77002, by certified or registered mail, return receipt requested. KERRVILLE-KERR COUNTY JOINT AIRPORT BOARD By: Name: Title: CITY OF KERRVILLE By: Name: Title: COUNTY OF KERR By : l~t~ Name: naNNV u. Fnwauns Title: r„~,.,ro 7..A ~o ORDER NO. 18315 MOTION TO RATIFY MOONEY AIRPORT LEASE 12/22/88 Vol. R, Pg. 121