CIRDER NO. EL7E9
RPt='ROVRL OF LRNDLORll ESTOF'F'EL RhJD RCCE.SS RGREEMENT
E1F_TWEEN KERRVILL_E--I-:ERR CC7UIVTY .JC7INl" RIf2t~ilF2T RORRL'
THE CITY C7F KERF2VIl_LE OF THE STATE OF TEXRS RND
KEF2R C:OLJNTY OF l"HE .S'TRTE OF TEXRS RND CONGRESS
FINRNCIRL CC7F2PORRTION FOR MOONEY RIRCRRFT CORPORRTION
R NEW .JERSEY CORPC7RRl'IOIV
On this the cE+th day of June 1995, ~_ipon motion made by
Commissioner Holekamp, seconded 6y Commissioner Lackey, the
Co~_rrt ~_inanimv~_isly appr-~vved by a vote of 4--@-~, to approve the
Landlord Estoppel and Recess Ryreement amvny the
Kerrville-Kerr Cvi_mty .Joint Rirpvrt FJoard, the City of
Kerrville of the State of Texas and the Co~_inty of Kerr of The
State of Texas and Cnnyre~s F=financial Cvr^poratt ion for Movney
Rircr•aft Corporation, a New Jersey Corporation and a~_ithori~e
the Cv~_uity J'tidge to siyn same.
COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND FIVE COPIES OF THIS REQUEST AND DOCUMENTS
TO BE REVIEWED BY THE COURT.
.-
MADE BY: Robert A. Denson
MEETING DATE: June 26, 1995
SUBJECT (PLEASE BE SPECIFIC)
OFFICE
TIME PREFERRED
Count~Judge
Consider and discuss Landlord Estoppel and Access Agreement among the Kerrville-Kerr
Countv Joint Airport Board the City of Kerrville of the State of Texas and the Count of Kerr of
the State of Texas and Congress Financial Corporation for Mooney Aircraft Corporation a New
Jersev Corporation.
EXECUTIVE SESSION REQUESTED (PLEASE STATE REASON)
ESTIMATED LENGTH OF PRESENTATION
IF PERSONNEL MATTER -NAME OF EMPLOYEE:
NAME OF PERSON ADDRESSING THE COURT. County Jude
Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5,
Chapter 551 and 552, Government Code, is as follows:
Meeting scheduled for Mondays 5 00 P.M. previous Tuesday.
THIS REQUEST RECEIVED BY
THIS REQUEST RECEIVED ON

All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has
been prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will
be appreciated and contribute towards you request being addressed at the earliest opportunity. See Agenda
Request Rules Adopted by Commissioners' Court.
Recording requested by:
Congress Financial Corporation
(southwest)
This Instrument was prepared by
and after recording return to:
Matthew J. Miller, Esq.
Otterbourg, Steindler, Houston
& Rosen, P.C.
230 Park Avenue
New York, New York 10169
Reserve for Recorder
LANDLORD ESTOPPEL AND ACCESS AGREEMENT
THIS LANDLORD ESTOPPEL AND ACCESS AGREEMENT is made and
entered into by and among the Kerrville-Kerr County Joint Airport
Board, the City of Kerrville of the State of Texas and the County
of Kerr of the State of Texas (individually and collectively,
"Landlord") and Congress Financial Corporation (Southwest), a
Texas corporation ("Congress").
41 I T N E 9 S E T H•
WHEREAS, Landlord has leased to Mooney Aircraft Corporation,
a New Jersey corporation ("Tenant"), the real property and
buildings and improvements thereon located in the City of
Kerrville, County of Kerr, State of Texas, commonly known as
Louis Schreiner Field more particularly described on Exhibit A
annexed hereto (the "Premises"), pursuant to a Lease, dated
January 10, 1963, as amended from time to time (as the same now
exists or may be amended, supplemented or extended, the "Lease")
for a term commencing January 10, 1963 and expiring August 31,
2013;
WHEREAS, Congress has entered or is about to enter into
certain financing agreements with Tenant pursuant to which
Congress has been or may be granted a security interest in any or
all of Tenant's personal property, including, but not limited to,
aircraft, aircraft engines, aircraft propellers, aircraft parts
and all other inventory and equipment of Tenant (the "Personal
Property"); and
WHEREAS, each Landlord has an interest in the Premises as
owner or lessor;
NOW, THEREFORE, in consideration of any loans or other
financial accommodations extended by Congress to Tenant, at any
time, and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the parties hereto
agree as follows:
1. Each Landlord represents and warrants to Congress that:
(a) the interest of Tenant in the Lease is that of lessee; (b)
the Lease is in full force and effect on this date; and (c) to
the best of its knowledge, Tenant is not in default under the
terms and conditions of the Lease.
2. Each Landlord agrees that the Personal Property may be
installed in or located on the Premises and is not and shall not
be deemed a fixture or part of the real estate but shall at all
times be considered personal property.
3. Each Landlord agrees that Congress, or its agents,
employees or other representatives, may enter upon the Premises
at any time for the purpose of Inspecting, repossessing,
removing, selling, conducting a public auction or private sales
with respect to or otherwise dealing with the Personal Property.
This license shall be irrevocable and shall continue from the
date Congress enters the Premises for as long as Congress deems
necessary but not to exceed a period of one hundred eighty (180)
days after the receipt by Congress of written notice of a default
under the Lease as provided in Paragraph 4 hereof. In the event
of a default solely by reason of Tenant's failure to pay the
rental provided for in the Lease, and Sf Lender has not cured
such default on behalf of Tenant within the ninety (90) day
period provided in Paragraph 4 hereof, Congress agrees to pay the
rental provided under the Lease during such one hundred eighty
(180) day period to the extent and during the period of Congress.'
actual occupancy thereof in such period, prorated on a per diem
basis to be determined on a thirty (30) day month, without
incurring any other obligations of Tenant.
4. Each Landlord agrees to give notice in writing by
certified or registered mail of any default by Tenant of any of
the provisions of the Lease to Congress at the following address:
CONGRESS FINANCIAL CORPORATION (SOUTHWEST)
1201 Main Street, Suite 1625
Dallas, Texas 75202
Attention: Mr. Edward Franco
Upon receipt of such notice, Congress shall thereupon have the
right, but not the obligation, to cure such default under the
Lease, within ninety (90) days thereafter. Any payment made or
act done by Congress to cure any such default shall not
constitute an assumption of the Lease or any obligations of
Tenant.
5. In the event of a default by Tenant under the Lease,
each Landlord agrees not to terminate the Lease or take any steps
to enforce or seek to enforce, directly or indirectly, any of its
respective rights under the Lease without first providing
Congress ninety (90) days prior written notice of a default under
the Lease by certified or registered mail at its address set
forth in Paragraph 4 hereof; provided, that, no action by any
Landlord to enforce or to seek to enforce any of their rights
under the Lease shall limit or affect the one hundred eighty
(160) day license provided 3n Paragraph 3 hereof. In the event
that the default which was the basis for a notice received by
Congress shall be cured, whether by Congress, Tenant or any other
person, or shall be waived by Landlord or otherwise cease to
exist, the rights of each Landlord under this Paragraph 5 shall
cease until the receipt by Congress of any other defaults under
the Lease.
6. This Landlord Estoppel and Access Agreement may not be
changed or terminated orally and is binding upon the undersigned
and the successors and assigns of each Landlord and inures to the
benefit of Congress and its successors and assigns.
IN WITNESS WHEREOF, the parties hereto have caused this
Landlord Estoppel and Access Agreement to be executed as of this
day of 1995, by their respective officers
thereunto duly authorized.
ATTEST: ~~~ „~ ~,.~
Title: City Clerk
/~~~~~ CITY OF K RRVILLE
ATTEST: ii ~
By•
Title: City Clerk
Title: May r
KERRVILLE-KERR COUNTY JOINT
AIRPORT BOARD
By: ~.yc~7~- ~a.~1j
Title:

- 2 -
COU OF KERR
ATTEST:
By:
Title: County Clerk
Title. County Judge
ATTEST:
Title:
CONGRESS FINANCIAL CORPORATION
(SOUTHWEST)
By:
Title:
- 3 -
STATE OF TEXAS )
. ss..
COUNTY OF KERR )
Before me, a Notary Public, on this day personally appeared
E~ a~~l`1~1~1'I e5i" , Chairman of the KERRVILLE-
KERR COUNTY JOINT AIRPORT BOARD, known to me to be the person
whose name is subscribed to the foregoing instrument, and
acknowledged to me that he executed the same for the purposes and
consideration therein express, in the capacity therein stated,
and as the act and deed of said Board.
ven under my hand and seal of office this 3 ~ day of
1~ , 1995.
..~•~-
~'	jSt1~Fh~~ihENDAII
*~Y
,a ..
, :	., ,,,CRY PUBLIC
.
.:
-iii-•
~	
State of Texas
2 \?o•.~'	Comm. Ezp. 11.29-97
STATE OF TEXAS )
. ss..
COUNTY OF KERR )
1/at~r>~ ~ ~ ~u~xl~da.F.l
Notary Pub c in a for
Kerr County, Texas
n Befo~je me, Notary Public, on this day personally appeared
l "~.IIL~I ~S ~ ~f~jt~~ SE~/'I , Mayor of the CITY OF
KERRVILLE, TEXAS, known to me to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me
that he executed the same for the purposes and consideration
therein express, in the capacity therein stated, and as the act
and deed of said City.
-iven under my hand and seal of office this ,30~ay of
1995.
~`~~~ BRENDA G. CRAIG
* NOTARY PUBLIC
* ), State of Texas
~'++~o,.s*` Comm ExD 12-04-97
STATE OF TEXAS )
. ss..
COUNTY OF KERR
Notary Publi in and f
Kerr County, Texas
Before_ e, a Nota Public, on this day personally appeared
OfSFRT /1, ~~ti'sdtii County Judge of KERR
COUNTY, TEXAS, known to me to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me
that he executed the same for the purposes and consideration
therein express, in the capacity therein stated, and as the act
and deed of said County.
Given under my hand and seal of office this ~ih day of
~UNC 1995.
Notary ublic in an for
Kerr County, Texas
y~'""~ THEA SONIC
NOTARY PUBLIC
~~ State of Texas
~aA Comm. Exp. 01.09.99
- 4 -

STATE OF NEW YORK )
ss..
COUNTY OF NEW YORK )
Hefore me, a Notary Public, on this day personally appeared
of CONGRESS FINANCIAL
CORPORATION (SOUTHWEST), a Texas corporation, known to me to be
the person whose name is subscribed to the foregoing instrument,
and acknowledged to me that he executed the same for the purposes
and consideration therein express, in the capacity therein
stated, and as the act and deed of said Corporation.
Given under my hand and seal of office this day of
1995.
Notary Public in and for
New York County, New York
APPROVED:
WALLACE, MOSTY, MACHANN
JACKSON & WILLIAMS
Bll \GVMGR688\MJDYRTWU0.MJM:7• - 5
-. EXHIBIT A -.
,., LEGAL DESCRIPTION
"The hereinafter described lands, together with the improvements [hereon,
being part of the Louis Schreiner field, Kerrville Municipal :\irport, siniateJ
about five (5) miles Southeast of the City of Kerrville, in Kerr County, Texas,
[he lands hereby leased and hereinafter described by mercy and lwunds have
situated on them several buildings, two of which are owned by Lessors, [o wit.
The large hangar known as 1langar No. 2 located on Tract One, herein-
af[eY described, and the frame structure known as Old National Cuard Armory
located on Tract No. Two, hereinafter described; said lands being a portion of
' [hose lands described in a Warranty Uecd dated ~\ugust 1G, 19-11, from [hc
Estates of Paul [ngenhue¢, et al, recorded in Volume 66, Page 302, of [he
Deed Records of Kerr County, Texas, to wit:
All those certain tracts or parcels of land lying and being situated in [he
County of Kerr, State of Texas, comprising -45.01 acres of land out of Original
Survey No. 71, William T. Crook, Abstract No. 114, and Survey No. 1921,
W. M. Pruitt, Abstract No. 1281, out of Kerrville Municipal Airport, and
being more particularly described as follows:
TRACT ONE, comprising 12.25 acres being approximately 11. 11 acres
out o r gmal Survey No. 71, Wm. T. Crook, Abstract No. lld, and
1. 14 acres out of Original Survey No. 1921, W. M. Pruitt, Abstract
No. 1281, and being more particularly described by metes and Ixxun(s,
as follows, to wit;
BEGlNN1NC at an iron stake set 300.0 feet NW from the center line of [hc
_ NE-SW runway and 500.0 fee[ NE from the center line of the NW-SE run-
way of said airport, sec for the South coiner of this tract, said point
being located approximately 1100 feet N. 52°30'L. from the lower .>~
South corner of said Original Survey No. 71, Wm. T. Crook;

Th1ENCE along a line parallel to and 300.0 l'uet NW from the connr line
of said NE-SW rumvay N. 33'S5'G. 650.7 fcr[ to an iron stake set for
_ the East corner of [his tract,
THENCE N. 56° OS'W. -422.7 feet to an iron stake in a chain link fence,
set for a re-entrant corner of this trace,
TI-IEN.CE N. 33° 55'E. 325 feet to an iron stake;
THENCE N. 56° US'W. 203 feet to an iron stake in the SE line of that tract
of land which was conveyed by C. C. Chipman and wife [o Phillip B. Pope
by deed dated December 23, 1939, and recorded in Volume 6,i at Page 390
of the Deed Records of Kerr County, and referred to as the Pope tract,
THENCE with the SE line of said Pope tract S. 46°06' W. 885.7 feet [o a
large live oak tree;
THENCE with said Pope SE line S. 20° 38'W. 5.5 feet to an iron stake set
for a corner of this tract, at a point 500.0 feet NE from the extension of
the center line of the NW-SE runway;
THENCE S. 46°30' E. along a line which is parallel [o and 500.0 feat NE
from the center line of the NW-SE runway a distance of 817.5 feet to the
place of beginning.
TRACT TWO, comprising 19. U0 ac[ ~f land out ut unginu. ~~.~~r ..~.
TfWm. 'IrCrook, Abstract No. lli, and being more particularly des-
cribed by metes and bounds, as follows, to wit:
BEGINNING at an iron stake set 300,0 fee[ NW from the center line of the
NE-SW runway and 685.7 feet N. 33° 55' E. from the East corner of the
aforesaid Tract One;
THENCE along a line parallel to and 300.0 feet NW from the center line
of said NE-SW runway N. 33° 55' E, 725 feet to an iron stake se[ for the
East corner of this tract;
THENCE N. 56° O5' W. 911.5 fee[ to an iron stake in the center of the bed
of Silver Creek, the North or NW line of the airport property, and the
South or SE line of that 35, 2 acre Peterson Tract;
THENCE with the center of the bed of Silver Creek, S. 86° 42'W. 277.5
feet and S. 51°W. 303 feet to [he point where said creek centerline inter-
sects the SW line of a county road formerly [he old Kerrville co Comfort
Highway at the North corner of that tract of land which was conveyed by
C. C. Chipman and wife to Phillip B. Pope by deed dated December 23,
1939, and recorded in Volume 65 at Page 390 of [he Deed Records of
Kerr County;
THENCE with the NE line of said Pope Tract along the SW side of said
road, S. 30° 29' E. 565.3 feet and 5. 22°G9' E. 177.7 feet to a fence
corner, [he most Easterly corner of said Pope Tract;
THENCE with the SE line of said Pope Tract S. 46° 06' W. 71.4 feet [o an
iron stake;
THENCE S. 56° OS' E, 414.4 feet to an iron slake;
THENCE N. 33°55' E. 145.0 feet to an iron slake
.2.
T1113NCE S. S6'' l15' H. 16.i, (l feet a, the pLtrc of bc~~innin;;.
TRACT "CHAFE, comprising 13,7 arms out of Original Survey No. 7l,
m. f.roo •, Abstrct No. 114, and being more particularly des-
cribed by metes and bounds, as follows, co wit:
BEGINNING at an iron stake se[ for the East corner of aforesaid "tract 2,
same being 300 feet NW from the center line of the NE-SW runway;
TFIENCE along a line para]lcl [o and .300.0 fat[ NW from +hc renter line
of the NE-SW runway, N. 33° 55' E, 224L0 feet an iron stake in the Nl~
lfne of the Kerrville Municipal Airport properly;
THENCE with the NE boundary lfne of the said Kerrville Municipal Air-
port property, N. 56° OS' W. 86.2 feet to a fence turner the must NoiZh-
erly corner of the safd airport property;
THENCE with high fence along the NW line of said airport property,
S. 23° 19' W. 290.0 feet [o an angle in said fence;
j THENCE with said high fence, S. 49° 00' W. 280.0 feet to a fence corner
post;
j THENCE with said high fence N, 18° 16' W, 45.0 feet [o an iron stake in
the center of [he bed of Silver Creek, another corner of said airport
t . Aroperty;
I
+ THENCE with the NW line of said airport property, down the center of
the bed of Silver Creek following its meanders as follows; S. 54° 10'W.
r 262.0 feet, S. 39°37'W. 100.0 feet, S. 26° 54'W. 255.0 feet, 5.32°11'W.
240.0 feet, $. 41°20'W, 300.0 feet, S. 67°27'W. 370.0fe~t, N. 82°20'W.
1 270. (J feet, and N. 86° 00' W, 246. 1 feet to an iron slake in [he center of
' said creek marking a corner of aforesaid Tract 2;
1
TF{ENCE with the NE line of said Tract 2, S. 56°05E. 911, 5 feet to the
place of beginning.