'~!~! ~e~tY'a~sst~ .. ~ ^ l ' ~ ~e. ! fit: ~ R ~`~ .j ^ i, 1 ~~ r i,".a ~ t ,. ,~ , ..~?~a. :~;. ,~. vt~: rE ,.w_r"?. .<,. 2/15/89.--- 4 .~IIIt~ ^ = -- - - _.. -- PRO~~cEP THIS CERTIFICATE IS ISSUED AS A MRTTEP. C.= iNFORMATiON ONLY AND CONFERS ' NO RIGHTS UPON THE CERTIFICATE HOLCER. THIS CERTIFICATE DOES NOT AMEND, Justice InsU ranee EXTEND OR ALTER THE COVERAGE AFFORfED RY ?'HE POf_IflES BELOW P. o. sox 1649 COMPANIES AFFORDfNG COVERAGE Kerrville, Texas 78029 'COMPANY A LETTER American Eagle Insu rance_Company - -~ - COMPANY ~ j INSURED ', LETTER Kerrville Air, Inc. COMPANY C P. O. Box 1989 IETTER Kerrville, TExas 78029 'coMPANV p LETTER ' i COMPANY E _-__-- - j LETTER THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAV PERTAIN, THE INSURANCE AFFORDED BV THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDI- TIONS OF SUCH POLICIES. ~ Co fl LTR TYPE OF INSURANCE POLICY NUMBER Pourv EfvfnrwE ~ DATE IMM/DDnv Poucv ExawA~GN DA'f 1MMiDC:YV) ~ ALL LIMITS IN THOUSANDS i *~~ ~*~ GEN ERAL LIABILITY ~.:t vrRAE. 1GGREGPtE $ ~. COMMERCIAL GENERAL LIABILITY PHCDUL'TS-auMPi0P5 AutiFH;aIE A cLAlras MADE ~GCCURRENCE 631-GLA-44 -28205 8/23/88 8/23/89 PERSOrw,. v'L1BRi~11'MnT'iXL` B SOW- OWNERS & CONTRACTORS PA0IECTIVE EACR ER;cURRENGE $ XX (1, T. .G T T. i ah i l , Y y FIRE DAMAGC IANV ONE F'~RE $ XX ~] D r _ _-__ MEDICAL E%PE":FE IApV RNt PFNSGNi _ __ __^ $ AU TOMOBILE LIABILITY ANY AUTO cs~ $ qu owNEO quros eooiir ~N.iuav SCHEDULED AUTOS PER aEflsov $ ' HIRED AU70S RoDlw NJURV NON-OWNEG AU70S IPER ACGIOENi~ $ GARAGE LIABILITY PROPEfl?V - OPMPGE Q W EXCESS LIABILITY ~\~~ : ~ EnC" ~ a GvEGn" xcur+flFmw L~ w~ t. ~ ~E~Y ~ I $ OTHER THgN UMBRELLA FORM V~ 0~~< S'fArUTORv WORKERS'COMPENSATION $ F ~ ~ r.o AND $ iD'SEAStrPGJC't J6^i'~ EMPLOYERS' LIABILITY $ fp ISEASF EPCH EMPLRVELI OTHER DESCRIPTION OFOPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS Owners', Landlords' and Tenants' Liability - $1,000/each occurrence (combined single limits) Products & Completed Operations: $100/each occurrence; $100/aggregate - Property Damage $100/each person; $300/each occurrence - Bodily Injury • ~ - Additional named in Sll red: SHOULD ANV OF THE E DESCRIBED POLICIES BE CANCELLED BEFORE THE EX - County of Kerr PIRATION DATA//+ REOF, THE ISSUING COMPANY WILL ENDEAVOR TO Kerr COUnty Courthouse MAIL 14 DA)~~WRITTEN NOT1C$ TO THE CERTIFICATE HOLDER NAMED TO THE Kerrville, TExas 78028 LEFT, BUT^,,:FAILURE TO MAIL SUCH NOTICE"SHALL IMPOSE No oeuGATION OR LIABILI A OF ANY KIND UPON T ~COMPI~Y."ITS kOENTS~R~~ALH~RESENTATIVES. AUTHORIZEDR PRPSENTP.TIVE r`%' "-"~-'~-"'"`""' , t ' - ~..~. SUPPLEMENTAL CERTIFICATE THIS SUPPLEMENTAL CERTIFICATE ("Certificate") is executed effective the 9th day of December, 1988, by the City of Kerrville ("City"), Kerr County ("County") and the Kerrville-Xerr County Joint Airport Board ("Board") (hereinafter collectively referred to as "Landlord"). W I T N E S S E T H: WHEREAS, the undersigned is the Landlord under the Lease ("Lease") dated April 27, 1982, by and between the Landlord and Mooney Aircraft Corporation ("Mooney"), and is the sole present owner of fee si~~[[l1ple title to the ropert covered thereby; and , ,-~ WHEREAS, pursuant to Deed of Trust, JSecurity Agreement and / Financing Statement ("Deed of Trust") dated effective December 9, 1988, Mooney has executed a leasehold mortgage covering the Lease in favor of BNP Finance Southwest Corporation, a Delaware corpor- ation ("BNP"), to secure the payment of certain indebtedness more particularly described in said Deed of Trust; and WHEREAS, Landlord has executed that certain certificate dated December 22, 1988, wherein Landlord certified to BNP certain matters relative to the Lease; and WHEREAS, BNP has requested Landlord to execute this Certificate in order to set out certain additional agreements of Landlord relative to Lease; NOW, THEREFORE, for and in consideration of BNP's accepting a mortgage of the Lease, and other good and valuable considera- tion, the receipt and sufficiency of which is hereby acknowledged, Landlord further agrees that Landlord shall not accept a surrender or consent to the modification of any of the terms of the Lease without the prior written consent of BNP. This Certificate is binding upon and shall inure to the benefit of the parties hereto, and their respective successors and assigns. ~~ ~., /~~~ CITY OF KERRV~~IjLLE 3 t `~ $/ Name: Edd R. Turner Title: Mayprj, Date: ~>Li',-,~.~~,.,. /~!9,~5 COUNTY OF KER,Bs By: /~ AEGR:5:G Name: Dan~tiy'R.~ Edwards Title: County Judge Date: Frb+wy~/ ~S,/ydf KERRVILLE-KERB COUNTY JOINT AIRPORT BOARD „ By: ,~~~_ Name:. S phen ane Title: C airman / Date: ,~7J-t`~~~~ ~.. SUPPLEMENTAL CERTIFICATE THIS SUPPLEMENTAL CERTIFICATE ("Certificate") is executed effective the 9th day of December, 1988, by the City of Kerrville ("City"), Kerr County ("County") and the Kerrville-Kerr County Joint Airport Board ("Board") (hereinafter collectively referred to as "Landlord"). W I T N E S S E T H: WHEREAS, the undersigned is the Landlord under the Lease ("Lease") dated January 10, 1963, by and between the City and County, as Lessor, and Mooney Aircraft, Inc. ("Mooney Inc.") as Lessee, said Lease having been amended by Lease Amendment dated December 13, 1966, between the City, County and Mooney Inc. and assigned by Assignment of Leasehold Interest dated March 25, 1969 . by Lukin Gilliland, Receiver and Trustee in Bankruptcy of Mooney Inc. to Mooney Aircraft Corporation ("Mooney") and amended by Amendment to Lease dated August 27, 197,3 between the Board on behalf of the City and County and BAACT Corporation and assigned by Assignment of Lease dated October 4, 1973 by BAACT Corporation to Mooney, and is the sole present owner of fee simple title to j the property covered thereby; and amendment to lease dated Nov. 27, 1984 ~ ~ 61 between the City, County and Mooney Aircraft Corp. WHEREAS, pursuant to Deed of Trust, Security Agreement and Financing Statement ("Deed of Trust") dated effective December 9, 1988, Mooney has executed a leasehold mortgage covering the Lease in favor of BNP Finance Southwest Corporation, a Delaware corpor- ation ("BNP"), to secure the payment of certain indebtedness more particularly described in said Deed of Trust; and WHEREAS, Landlord has executed that certain certificate dated December 22, 1988, wherein Landlord certified to BNP certain matters relative to the Lease: and WHEREAS, BNP has requested Landlord to execute this Certificate in order to set out certain additional agreements of Landlord relative to Lease; NOW, THEREFORE, for and in consideration of BNP's accepting a mortgage of the Lease, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Landlord further agrees that Landlord shall not accept a surrender or consent to the modification of any of the terms of, the Lease without the prior written consent of BNP. This Certificate is binding upon and shall inure to the benefit of the parties hereto, and their respective successors and assigns. ~I~. ~ ~'--^ =~ ~:., _, ~, -' t~ti~ .: ` ~~~'~ CITY OF KERRVILLE By: ~~ 1Q.. ~.~,~,.e-. Name: Edd R. Turner Title: Mayq~ Date: 1 PG<.,...,.., / ~ .'`!9`1 COUNTY OF KERB By: ~Yn~ / - - Name: Dan y Edwards Title: County Judge Date r is, /46 f KERRVILLE-KERB COUNTY JOINT AIRPORT BOA-- By: Nam Tit Dat AEGR-5/F -2- Dnvm L Jnc nsoN E DWAINE MnCNnNN R is vnwo C Moen Edna A WnL.nCF ~. htPrv WiEt.n NS 5 P=E~u~e Oouctns 1a ~ELE PM~1Ht 5._ ~.~• e~' IE LEi<. SI4 .J ~ P24 rtSFtr u• ••. _'. a r «vi P.t. .a i .: F.. January 24, 1989 Judge Danny Edwards Kerr County Cour*_hcuse Kerrville, Texas 78028 Re: Mooney Aircraft Corporation Dear Judge Edwards: 1 'B^nao CEanFru FnaN Rnrv.e CnN NE Vr uE RE'~E M1'I n, R,e~ ESIP'E " B„eo= CE9'~l.EO PEas. rvn, Irv~a a. T= a Lnn We have received from counsel for Btvi Finance Southwest Corporation the enclosed Supplemental Certificates in connection with the two (2) leases between the City, the. County and the Joint Airport Board, as Landlord, and Mooney, as Tenant. As part of the loan documentation, h:ooney is required to deliver the enclosed Certificates to the lender. Accordingly, this is to request that •,~ou place this matter on the agenda for the next Commissioners Court Meeting and coordinate this matter with the City ar.d the Airport Board for placing on their respective agendas to obtain approval. Upon approval by the various landlords, the lender requires that it receive two (2) original executed counterparts of the Supplemental Certificate as to each lease. Upon execution by all the respective parties, I would appreciate your providing the same to me for forwarding to the lender. If you have any questions concerning the enclosed Certificates, or if you believe that my attendance before the Commissioner's Court is desirable, please let me know. Sincerely yours, ~.~ ~~~_ E. Dwaine Machann EDM/gr (RVJK121) WALLACE. MOSTY. MACHANN. JACKSON & WILLIAMS ATTORNEYS AT LAW A PARTNERSHIP OF PROFESSIO NAI CORPORATIONS Enclosures _ , _ ........y <,uwaras ,,/ _ January 24, 1959 ~"" Page 2 cc: Mr. Lawrence M. Bell cc: Mr. Joel L. Laser -- cc: Mr. Chris Rule cc: Mr. Stever. Drane Kerrvilie(Rerr Court}' Joint Airport Bcard cc: hir. Glen Brown cc: Mr. Tom Terrell cc: Mr. Bill Tipton OkL~F:R NO. 113405 MO'PION TO APPROVP SIJPPLEMF7NTAT_~ CF.RTIFICA.TE FOR MOONF:Y AIkCkAFT On this the 2nd day of February 1~~89, upon motion made by Conuni-ssir~ner R~ili9w5.n, seeonde:] by Comm]:•,sioner FIo:Lek,~mi?, t:he Court- unanimously approved the County Judge t.o sign on behalf of Kerr County, two supplemental. r, e:rtifi.r,etes on Mooney Aircraft. Corporation fvr F3NP, ORDER N0. 18405 MOTION TO APPROVE Si3PPLENIEN'j'AL ~PIFICATE FOR NY)ONEY AIRCREIPI' February 2, 1989 Vol. R, Pg. 182