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Contract - Kalahari / KR CC Inc / KR Acquisitions llc - 10/26/2023 (2) LANDLORD CONSENT AND ESTOPPEL This Landlord Consent and Estoppel ("Agreement") is made as of 2023 by and among CITY OF ROUND ROCK, TEXAS ("Landlord"), KR CC, LLC ("Tenant"), KR ACQUISITIONS LLC ("Acquisitions" and together with Tenant, "Borrower") and BANK OF WISCONSIN DELLS (together with its successors and assigns, "Secured Party'). As used in this Agreement,the following terms shall have the meanings given opposite such terms: Lease GROUND LEASE AGREEMENT dated as of December 20, 2016,as amended by First Amendment to Ground Lease Agreement dated as of February 1,2017, and Second Amendment to Ground Lease Agreement dated as of April 26, 2018 Landlord CITY OF ROUND ROCK,TEXAS Tenant KR CC,INC. Borrower KR CC, INC. and KR ACQUISITIONS LLC Secured Party BANK OF WISCONSIN DELLS, its successors and assigns Premises Approximately 345 acres described on Exhibit A Property Address Lease Expiration Date 11:59 p.m., December 19,2115 Expiration Date At End of Renewal N/A Options; Description of Renewal Options Purchase Option As defined in the Lease Option Purchase Price One Dollar($1.00)per acre of the Property plus assessed,but uncollected rollback taxes,if any are owed,provided the Deferred Rent has been paid pursuant to Section 4.1(c) of the Lease,otherwise it shall be equal to One Dollar($1.00)per acre of Property plus assessed,but uncollected rollback taxes, if any are owed,plus the Deferred Rent that has not been paid Any capitalized term not defined herein shall have the meaning ascribed to it under the Lease. Secured Party will provide one or more credit facilities (as amended, from time to time, the "Financinj! Arrangements") to Borrower, secured by, among other collateral, (i) all of Borrower's business assets, including without limitation, furniture, moveable trade fixtures, signage, equipment, sprinkler systems, heating and air conditioning, lighting, compressors, condensers, furnaces and other personal property (all of which is referred to hereinafter the "Collateral") which are presently located or may at any time hereafter be located in, at or upon the Premises, but excluding fixtures attached to the Premises and owned by Landlord, and (ii) Borrower's pledge and assignment of its leasehold interest in the Premises pursuant to one or more leasehold mortgages or deeds of trust and/or collateral assignments covering Lease Agreements dated as of the date hereof or in the future given by Borrower for the benefit of Secured Party (collectively, the "Leasehold Mortgage"). As a condition to the Financing Arrangements, Secured Party has requested that Borrower coordinate and obtain Landlord's acknowledgment and agreement with respect to certain matters pertaining to the Lease and any subleases, 1 https://scrrlawadmin-my.sharepoint.com/personal/rose_scrrlaw_comfDocuments/Desictop/Landlord Consent Estoppel-Ground Lease (04819947-3x9D882)-35918619.1(003).doc Execution Copy licenses, concession or other occupancy agreements permitted thereunder including without limitation the Sublease of Ground Lease, Option to Take Assignment of Ground Lease, and Option to Purchase Agreement dated as of April 26, 2018 from Tenant to KR Acquisitions LLC, as evidenced by a Memorandum of Sublease and Option recorded as Document No. 2018035976 in the land records of Williamson County, Texas (collectively, the "Lease Agreements'). Landlord and Tenant hereby acknowledge,confirm to and agree with Secured Party as follows: 1. Premises and Lease: Landlord is the holder of the landlord's interest under the Lease. The Lease is in full force and effect and has not been modified or amended except as otherwise noted or attached on Exhibit B hereto. Landlord confirms that Tenant is the current holder of the tenant's interest under the Lease. 2. Notice of Default: Landlord agrees to provide written notice of Tenant's default under the Lease. Secured Party's address for notice purposes is: Bank of Wisconsin Dells 716 Superior Street Wisconsin Dells, WI 53965 Attn: Kelly Bauer Secured Party agrees to provide written notice of Borrower's default under the Financing Arrangements to Landlord contemporaneously with delivery of its notice to Borrower. Landlord's address for notice purposes is: City of Round Rock, Texas 221 E. Main Street Round Rock,TX 78664 Attn: City Manager. 3. Rent and Charges Paid: All rent and other charges payable by Tenant under or pursuant to the Lease are currently paid in full,including without limitation the Initial Rent Payment. 4. No Default: To the best of Landlord's and Borrower's knowledge, neither Landlord nor Borrower is in breach or default under any of the terms and conditions of the Lease or any of the Lease Agreements, and no event or circumstance has occurred or exists which with the passage of time and/or the giving of notice would constitute a breach or default under the Lease or any of the Lease Agreements. Landlord has not given or received any notice of any breach or default under the Lease. 5. No Termination Event: Landlord has not taken any action to terminate the Lease. 6. Expiration Date: The Lease expiration date is accurately set forth above. 7. Purchase Option: The Lease provides Tenant with a purchase option to purchase the Premises under the Lease. Landlord and Secured Party hereby acknowledge and agree, that (i) Secured Party has the right to take an assignment of and exercise the purchase option granted to Tenant under the Lease, and (ii) subject to the terms of the Financing Arrangements, Tenant shall assign to Secured Party the purchase rights granted to it in the Lease. The Option Purchase Price is accurately set forth above. 8. Consent to Pledge of Collateral and Leasehold Mortgage: Landlord hereby consents to the pledge by Borrower to Secured Party of a security interest in the Collateral and Borrower's leasehold 2 https://scrrlawadmin-my.sharepoint.com/personaUrose_scrriaw_com/Documents/Desktop/Landlord Consent Estoppel-Ground Lease (04819947-3x9D882)-35918619.1(003).doc Execution Copy interest in the Premises (whether under the Lease or under any of the Lease Agreements) and, in Secured Party's sole discretion, the recording of such documents and instruments as may be reasonably necessary to create and perfect such liens. 9. Disclaimer/Subordination of Interest In Collateral;Access: a. Disclaimer/Subordination: For so long as Borrower is indebted or otherwise obligated to Secured Party, Landlord hereby disclaims any interest in the Collateral which is now or hereafter located in, at or upon the Premises. Further, for so long as Borrower is indebted or otherwise obligated to Secured Party, Landlord subordinates its interest in the Collateral to the interest of Secured Party and will not assert against the Collateral(including any equipment or trade fixtures at the Premises) any statutory, common law, possessory or other liens or encumbrances that Landlord has or hereafter may have. b. Access: Secured Party shall have the right, at its election, to enter onto the Premises during normal business hours for purposes of inspection and, pursuant to the terms of the Financing Arrangements, the enforcement of its security interest in the Collateral, including, without limitation, the sale and removal of the Collateral, provided, however, that (i) Secured Party or its representatives shall maintain reasonably appropriate insurance at the time of any such entry and (ii) if Secured Party shall remove any of the Collateral, Secured Party shall reimburse Landlord for the reasonable and necessary cost of repair of any physical injury to the Premises directly caused by such removal, but not for any diminution in value caused by such removal. 10. Effect of the Leasehold Mortgage. Borrower's granting of the Leasehold Mortgage to Secured Party shall not be deemed to constitute an Assignment of the Leasehold Estate,nor shall Secured Party, as a Leasehold Mortgagee, or in the exercise of its rights under the Leasehold Mortgage or under the Lease or under the Lease Agreements, be deemed to be an assignee or transferee or mortgagee in possession of the Leasehold Estate so as to require Secured Party, as such Leasehold Mortgagee, to assume or otherwise be obligated to perform any of Borrower's obligations under the Lease or the Lease Agreement except when, and then only for so long as, Secured Party as such Leasehold Mortgagee has acquired ownership and possession of the Leasehold Estate pursuant to a Foreclosure Event (as distinct from its rights under this Agreement or the Lease or the Lease Agreements to cure defaults or exercise Mortgagee's Cure Rights). No Secured Party or other Person acquiring the Leasehold Estate pursuant to a Foreclosure Event shall have any liability beyond its interest under this Agreement or the Lease or the Lease Agreements nor shall Secured Party or any Person acquiring the Leasehold Estate pursuant to a Foreclosure Event be liable under the Lease or the Lease Agreements unless and until such time as it becomes the owner of the Leasehold Estate. Landlord recognizes and agrees that Secured Party may acquire directly, or may cause its assignee,nominee, or designee to acquire,the Leasehold Estate through a Foreclosure Event and such party shall enjoy all the rights and protections granted to Secured Party hereunder or to a Leasehold Mortgagee under the Lease or the Lease Agreements with the same force and effect as if such party were Secured Party or the Leasehold Mortgagee itself. 11. Foreclosure; Further Assignment. Notwithstanding anything to the contrary in the Lease or the Lease Agreements, any Foreclosure Event or any exercise of rights or remedies under the Leasehold Mortgage shall not be deemed to violate the Lease or the Lease Agreements or require the consent of Landlord. If Secured Party or a successor or assignee of Secured Party, or an Affiliate thereof, acquires Borrower's Leasehold Estate following a Foreclosure Event, or if Secured Party or a successor or assignee of Secured Party, or an Affiliate thereof, enters into a New Agreement, Secured Party or successor or assignee of Secured Party, or an Affiliate thereof, shall enjoy all of the rights and protections granted to Leasehold Mortgagee under the Lease or the Lease Agreements with the same force and effect 3 https:Hscrriawadmin-my.sharepoint.com/personaUrose_scrrlaw_com[Documents/Desktop/Landlord Consent Estoppel-Ground Lease (04819947-3x9D882)-35918619.1(003).doc Execution Copy as if such successor, assign or Affiliate were the Leasehold Mortgagee itself and may thereafter assign or transfer the Lease or such New Agreement without prior notice to or consent of Landlord; provided, that the assignee or transferee expressly agrees in writing to assume and to perform all of the obligations under the Lease or the Lease Agreements or such New Agreement, as the case may be, from and after the effective date of such assignment or transfer. No Leasehold Mortgagee (or Person acquiring the Leasehold Estate pursuant to a Foreclosure Event under a Leasehold Mortgage) shall have any liability beyond its interest in the Lease or the Lease Agreements nor shall Leasehold Mortgagee (or person acquiring the Leasehold Estate pursuant to a Foreclosure Event under a Leasehold Mortgage) be liable under the Lease or the Lease Agreements unless and until such time as it becomes, and then only for so long as it remains,the owner of the Leasehold Estate. 12. Leasehold Mortgagee; Assigns. Landlord acknowledges receipt of a true and correct copy of the Leasehold Mortgage together with written notification specifying the name and address of Secured Party. Secured Party shall be entitled to all the rights and protections of a Leasehold Mortgagee under the Lease, and the provisions of Section 15 of the Lease regarding Leasehold Mortgages are incorporated herein by reference. Following notification of any Assignment of such Leasehold Mortgage, Landlord shall confirm that such successor,assign or Affiliate of Secured Party is or will be,upon closing of its acquisition of the Leasehold Mortgage, entitled to all of the rights and protections granted to a Leasehold Mortgagee under the Lease with the same force and effect as if such successor, assign or Affiliate were the Secured Party itself, in the Lease, including after any premature termination of the Lease. 13. Further Assurances. Upon request by Secured Party, Landlord shall deliver to the Secured Party such documents and agreements as Secured Party shall reasonably request to further effectuate the terms of the Lease or the Lease Agreements, including a separate written instrument in recordable form signed and acknowledged by Landlord setting forth and confirming, directly for the benefit of Secured Party and its successors and assigns, any or all rights of a Leasehold Mortgagee; provided, however, that Borrower shall reimburse Landlord immediately upon demand therefor for any and all reasonable third party costs or expenses actually incurred by Landlord in complying with this requirement. 14. Priority of Leasehold Mortgages. If there is more than one Leasehold Mortgage, then whenever the Lease provides a Leasehold Mortgagee with the right to consent or approve or exercise any right granted in the Lease, the exercise or waiver of same by Secured Party shall control and be binding upon the holder(s) of all junior Leasehold Mortgages or other holders of debt, such as Mezzanine Lenders. 15. Rights of Landlord. Secured Party agrees with the following requirements: a. the Leasehold Mortgage and all rights acquired thereunder shall be subject to each and all of the covenants, conditions, restrictions and provisions set forth in the Lease and the Lease Agreements,and to all rights of Landlord thereunder;and b. Secured Party shall not, and the Leasehold Mortgage does not, encumber any interest in real property other than Borrower's leasehold interest in the Property, or secure debt which is not utilized for the purpose of the Project. 16. Counterparts: This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. 4 https://scrrlawadmin-my.sharepoint.com/personal/rose_scrrlaw_com/Documents/Desktop/Landlord Consent Estoppel-Ground Lease (04819947-3x9D882)-35918619.1(003).doc Execution Copy 17. Modification. This Agreement may only be modified by a written document signed by all of the parties hereto. A signature to this Agreement delivered by electronic means (such as by facsimile or by email in"pdf'format) shall be deemed an original signature hereto for all purposes. 18. Remain in Effect. This Agreement shall remain in effect until the date on which Borrower has paid and performed all its obligations and liabilities under the Financing Arrangements. [Signature page follows] 5 https:Hscrrlawadmin-my.sharepoint.com/personaUrose_scrrlaw_comfDocuments/Desktop/Iandiord Consent Estoppel-Ground Lease (04819947-3x9D882)-35918619.1(003).doc Execution Copy The Landlord and Borrower have executed and delivered this Landlord Estoppel and Consent as of the date first above written. Lan4Craig� Y O D ROCK,TEXAS Address of Landlord: By: 221 E.Main Street NamrganRound Rock,TX 78664 Titley Attn: City Manager APPROVED as to form: Stephanie L. Sandre, City Attorney (Signatures Continued on Following Pages) Signature Page—Landlord Consent&Estoppel -Landlord https:Hscrriawadmin-my.sharepoint.com/personal/rose_scrrlaw_com/Documents/Desktop/Landlord Consent Estoppel-Ground Lease (04819947-3x9D882)-35918619.1(003).doc Execution Copy Tenant: KR CC, INC., a Delaware corporation Address of Tenant: P.O. Box 590 By: 1305 Kalahari Drive Name: Todd Nelson Wisconsin Dells,WI 53965 Title: President Attn: Mary Bonte Spath Tenant: KR ACQUISITIONS LLC a Delaware limited liability company Address of Tenant: P.O. Box 590 By: 1305 Kalahari Drive Name: Todd Nelson Wisconsin Dells, WI 53965 Title: President Attn: Mary Bonte Spath (Signatures Continued on Following Page) Signature Page—Landlord Consent& Estoppel -Tenant https:Hscrrlawadmin-my.sharepoint.com/personaLhose_scrrlaw_com/Documents,rDesktopfLandlord Consent Estoppel-Ground Lease (04819947-3x9D882)-35918619.1(003).doc Execution Copy Secured Party: BANK OF WISCONSIN DELLS Address of Lender: 716 Superior Street By: Wisconsin Dells,WI 53965 Name: Kelly Bauer Attn: Kelly Bauer Title: Senior Vice President Signature Page—Landlord Consent& Estoppel -Lender https://scrrlawadmin-my.sharepoint.com/personaUrose_scrrlaw_com/Documents/Desktop/Landlord Consent Estoppel-Ground Lease (04819947-3x9D882)-35918619.1(003).doc Execution Copy Exhibit A (Legal Description of the Premises) OF A 351.737 ACRE TRACT OF LAND OUT OF THE P. A. HOLDER SURVEY, ABSTRACT NO 297 SITUATED IN THE CITY OF ROUND ROCK, WILLIAMSON COUNTY, TEXAS BEING A PORTION OF THE REMAINDER OF THAT CERTAIN 157.385 ACRE TRACT OF LAND CONVEYED TO BISON TRACT 79, LTD. BY DEED OF RECORD IN DOCUMENT NO. 2007049657 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY,TEXAS;ALL OF THAT CERTAIN 60.58 ACRE TRACT OF LAND CONVEYED TO ERNEST NELSON JOHNSON, JOHN DAVID JOHNSON AND BERTHA MARIE JOHNSON KELLER BY DEED OF RECORD IN DOCUMENT NO. 2003035323 OF SAID OFFICIAL PUBLIC RECORDS, SAME BEING ALL OF LOT 9 OF THE SWENSON SUBDIVISION, OF RECORD IN VOLUME 13, PAGE 119 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS; ALL OF THAT CERTAIN 155.589 ACRE TRACT OF LAND CONVEYED TO KEITH .KRIENKE AND MARK MEREDITH BY DEED OF RECORD IN DOCUMENT NO. 2006113854 OF SAID OFFICIAL PUBLIC RECORDS, SAME BEING CONVEYED TO GREGORY CARTER BY DEED OF RECORD IN DOCUMENT NO. 2010072268 OF SAID OFFICIAL PUBLIC RECORDS AND ALSO LOT 1, OF THE BERTIL TELANDER SUBDIVISION, OF RECORD IN CABINET H, SLIDE 126 OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS AS CORRECTED BY INSTRUMENT OF RECORD IN VOLUME 1419, PAGE 416 OF THE REAL PROPERTY RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID LOT 1 CONVEYED TO DAVID BOYLES BY DEED OF RECORD IN DOCUMENT NO. 2014059825 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID 351.737 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED IN FOUR PARTS BY METES AND BOUNDS AS FOLLOWS: PART 1 -337.295 ACRES BEGINNING, AT A 5/8-INCH IRON ROD FOUND IN THE SOUTHERLY RIGHT-OF-WAY LINE OF THE UNION PACIFIC RAILROAD(100'R.O.W.)BEING THE NORTHEASTERLY CORNER OF SAID 157.385-ACRE TRACT,ALSO BEING THE NORTHWESTERLY CORNER OF SAID 155.589- ACRE TRACT; THENCE NORTH 6303728"EAST,LEAVING THE NORTHEASTERLY CORNER OF SAID 157.385 ACRE TRACT, ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF THE UNION PACIFIC RAILROAD, FOR A PORTION -OF THE NORTHERLY LINE HEREOF, A DISTANCE OF 2864.50 FEET TO A 1/2-INCH IRON ROD WITH "BAKER AICKLEN CAP FOUND AT THE NORTHWESTERLY CORNER OF LOT 1, BLOCK A OF FINAL PLAT OF BRUSHY CREEK REGIONAL WASTEWATER TREATMENT PLANT, A SUBDMSION OF RECORD IN DOCUMENT NO. 2007067173 OF SAID OFFICIAL PUBLIC RECORDS, BEING THE NORTHEASTERLY CORNER OF SAID 155.589 ACRE TRACT AND HEREOF; THENCE, LEAVING THE SOUTHERLY RIGHT-OF-WAY LINE OF THE UNION PACIFIC RAILROAD, ALONG THE COMMON LINE OF SAID LOT 1 AND SAID 155.589-ACRE TRACT, FOR THE EASTERLY LINE HEREOF,THE FOLLOWING SIX(6)COURSES AND DISTANCES: Exhibit A—Landlord Consent&Estoppel https://scrrlawadmin-my.sharepoint.com/personal/rose_scrrtaw_corn/DocuTnent&'Desktop/Landlord Consent Estoppel-Ground Lease (04819947-3x9D882)-35918619.1(003).doc Execution Copy 1) SOUTH 26°12'00" EAST, A DISTANCE OF 49.99 FEET TO A 1/2-INCH IRON ROD WITH "BAKER AICKLEN" CAP FOUND; 2) NORTH 63°41'06" EAST, A DISTANCE OF 81.63 FEET TO A 1/2-INCH IRON ROD WITH ILLEGIBLE CAP FOUND; 3) SOUTH 03°33'52" EAST, A DISTANCE OF 1695.07 FEET TO A 1/2-INCH IRON ROD WITH "LCRA" CAP FOUND; 4) NORTH 58°53'53" EAST, A DISTANCE OF 362.51 FEET TO A 1/2-INCH IRON ROD WITH "LCRA" CAP FOUND; 5) NORTH 58°35'13" EAST, A DISTANCE OF 245.00 FEET TO A 1/2-INCH IRON ROD WITH "LCRA" CAP FOUND; 6) SOUTH 02°28'32" EAST, PASSING AT A DISTANCE OF 387.44 FEET, A 1/2-INCH IRON ROD WITH "SURVCON INC" CAP FOUND, AND CONTINUING FOR A TOTAL DISTANCE OF 463.04 FEET TO A POINT IN THE CENTER OF BRUSHY CREEK, BEING IN THE NORTHERLY LINE OF LOT 59, BLOCK F OF FINAL PLAT OF FREEMAN PARK SUBDIVISION PHASE I, OF RECORD IN DOCUMENT NO.2015010846 OF SAID OFFICIAL PUBLIC RECORDS,ALSO BEING THE MOST SOUTHERLY SOUTHWESTERLY CORNER OF SAID LOT 1, FOR THE SOUTHEASTERLY CORNER HEREOF; THENCE, LEAVING THE MOST SOUTHERLY SOUTHWESTERLY CORNER OF SAID LOT 1, ALONG OR NEAR THE CENTER OF BRUSHY CREEK, WITH THE NORTHERLY LINE OF SAID LOT 59; THE NORTHERLY LINE OF LOT 26, BLOCK B OF LAKE FOREST III, VILLAGE III REVISED, A SUBDIVISION OF RECORD IN DOCUMENT NO. 2004095851 OF SAID OFFICIAL PUBLIC RECORDS; THE NORTHERLY LINE OF LOT 43, BLOCK E OF FINAL PLAT OF SONOMA SECTION 9, A SUBDIVISION OF RECORD IN DOCUMENT NO. 2004021881 OF SAID OFFICIAL PUBLIC RECORDS; AND THE NORTHERLY LINE OF LOT 46, BLOCK F OF FINAL PLAT OF SONOMA SECTION 11,A SUBDIVISION OF RECORD IN DOCUMENT NO.2005000171 OF SAID OFFICIAL PUBLIC RECORDS FOR A PORTION OF THE SOUTHERLY LINE HEREOF, THE FOLLOWING TWENTY-THREE(23)COURSES AND DISTANCES: 1)SOUTH 71°58'01" WEST,A DISTANCE OF 59.92 FEET TO AN ANGLE POINT; 2)SOUTH 66-40'11" WEST,A DISTANCE OF 90.58 FEET TO AN ANGLE POINT; 3)SOUTH 49-32-25" WEST,A DISTANCE OF 78.88 FEET TO AN ANGLE POINT; 4)SOUTH 40°47'39"WEST,A DISTANCE OF 82.04 FEET TO AN ANGLE POINT; 5)SOUTH 23°37'20"WEST,A DISTANCE OF 81.79 FEET TO AN ANGLE POINT; 6)SOUTH 28°52'04" WEST,A DISTANCE OF 110.18 FEET TO AN ANGLE POINT; 7)SOUTH 36°12'52" WEST,A DISTANCE OF 282.02 FEET TO AN ANGLE POINT; 8)SOUTH 38°03'24" WEST,A DISTANCE OF 84.64 FEET TO AN ANGLE POINT; 9)SOUTH 47°37'12" WEST,A DISTANCE OF 329.19 FEET TO AN ANGLE POINT; 10 https:Hscrrlawadmin-my.sharepoint.com/personaVrose_scrrlaw_coni/Documents/Desktop/Landlord Consent Estoppel-Ground Lease (04819947-3x9D882)-35918619.1(003).doc Execution Copy 10) SOUTH 15°41'16" EAST,A DISTANCE OF 184.53 FEET TO AN ANGLE POINT; 11) SOUTH 07°27'39" EAST,A DISTANCE OF 150.82 FEET TO AN ANGLE POINT; 12)SOUTH 03°49'27"WEST,A DISTANCE OF 142.77 FEET TO AN ANGLE POINT; 13) SOUTH 21°18'06" WEST,A DISTANCE OF 94.11 FEET TO AN ANGLE POINT; 14) SOUTH 44°12'01"WEST,A DISTANCE OF 165.58 FEET TO AN ANGLE POINT; 15)SOUTH 69-51'49" WEST,A DISTANCE OF 215.14 FEET TO AN ANGLE POINT; 16) SOUTH 45°25'49" WEST,A DISTANCE OF 111.25 FEET TO AN ANGLE POINT; 17) SOUTH 26°29'36"WEST,A DISTANCE OF 94.25 FEET TO AN ANGLE POINT; 18) SOUTH 31°48'00" WEST,A DISTANCE OF 125.62 FEET TO AN ANGLE POINT; 19) SOUTH 51°58'20" WEST,A DISTANCE OF 230.16 FEET TO AN ANGLE POINT; 20) SOUTH 61°55'26" WEST,A DISTANCE OF 477.59 FEET TO AN ANGLE POINT; 21) SOUTH 54-23-53" WEST,A DISTANCE OF 144.42 FEET TO AN ANGLE POINT; 22) SOUTH 40°28'56" WEST,A DISTANCE OF 383.47 FEET TO AN ANGLE POINT; 23) SOUTH 42°15'33" WEST,A DISTANCE OF 108.54 FEET TO THE SOUTHEASTERLY CORNER OF SAID 60.58-ACRE TRACT,FOR AN ANGLE POINT HEREOF; THENCE, LEAVING THE WESTERLY LINE OF SAID 155.589-ACRE TRACT, ALONG OR NEAR THE CENTER OF BRUSHY CREEK, WITH THE NORTHERLY LINE OF LOT 46 OF SAID SONOMA SECTION 11 AND THE NORTHERLY LINE OF LOT 46,BLOCK F OF FINAL PLAT OF SONOMA SECTION 12, A SUBDWISION OF RECORD IN DOCUMENT NO. 2005000358 OF SAID OFFICIAL PUBLIC RECORDS FOR A PORTION OF THE SOUTHERLY LINE HEREOF, THE FOLLOWING FIVE(5) COURSES AND DISTANCES: 1) SOUTH 42°15'33" WEST, A DISTANCE OF 148.42 FEET TO AN ANGLE POINT; 2) SOUTH 80-51'11" WEST,A DISTANCE OF 301.01 FEET TO AN ANGLE POINT; 3) SOUTH 83°08'53" WEST,A DISTANCE OF 200.01 FEET TO AN ANGLE POINT; 4) SOUTH 67°32'04" WEST,A DISTANCE OF 132.76 FEET TO AN ANGLE POINT; 5) SOUTH 62-26-47" WEST, A DISTANCE OF 141.77 FEET TO THE SOUTHEASTERLY CORNER OF SAID 157.385-ACRE TRACT, BEING THE SOUTHWESTERLY CORNER OF SAID 60.58-ACRE TRACT, FOR AN ANGLE POINT HEREOF; THENCE, LEAVING THE SOUTHWESTERLY CORNER OF SAID 60.58-ACRE TRACT, ALONG THE APPROXIMATE CENTER OF BRUSHY CREEK, WITH THE NORTHERLY LINE OF SAID 11 https://scrrlawadmin-my.sharepoint.com/personaUrose_scrrlaw_comfDocumentsiDesktop/Landlord Consent Estoppel-Ground Lease (04819947-3x9D882)-35918619.1(003).doc Execution Copy LOT 46 AND IN PART ALONG THE NORTHERLY LINE OF THAT CERTAIN 1.764-ACRE TRACT OF LAND CONVEYED TO THE CITY OF ROUND ROCK BY DEED OF RECORD IN DOCUMENT NO. 2013056475 OF SAID OFFICIAL PUBLIC RECORDS, FOR THE SOUTHERLY LINE HEREOF,THE FOLLOWING FOUR(4)COURSES AND DISTANCES: 1)SOUTH 70°10'09"WEST,A DISTANCE OF 138.30 FEET TO AN ANGLE POINT; 2)SOUTH 58°52'42"WEST,A DISTANCE OF 700.00 FEET TO AN ANGLE POINT; 3)SOUTH 67°52'42" WEST,A DISTANCE OF 240.00 FEET TO AN ANGLE POINT; 4) SOUTH 53°04'42" WEST, A DISTANCE OF 132.01 FEET TO A POINT IN THE EASTERLY RIGHT-OF-WAY LINE OF KENNEY FORT BOULEVARD (R.O.W VARIES) FOR THE SOUTHWESTERLY CORNER HEREOF; THENCE, LEAVING THE APPROXIMATE CENTER OF BRUSHY CREEK AND THE NORTHERLY LINE OF SAID 1.764-ACRE TRACT, ALONG THE EASTERLY RIGHT-OF-WAY LINE OF KENNEY FORT BOULEVARD, FOR A PORTION OF THE WESTERLY LINE HEREOF, THE FOLLOWING NINE(9)COURSES AND DISTANCES: 1)NORTH 03°27'14" WEST, PASSING AT A DISTANCE OF 100.00 FEET, A 1/2-INCH IRON ROD WITH "BURY" CAP SET FOR REFERENCE, AND CONTINUING FOR A TOTAL DISTANCE OF 492.81 FEET TO A 1/2-INCH IRON ROD WITH"BAKER AICKLEN"CAP FOUND; 2) NORTH 85°58'17" EAST, A DISTANCE OF 58.16 FEET TO A 1/2-INCH IRON ROD WITH "BAKER AICKLEN"CAP FOUND; 3) NORTH 03°26'15" WEST, A DISTANCE OF 243.69 FEET TO A 1/2-INCH IRON ROD WITH "BAKER AICKLEN"CAP FOUND; 4) NORTH 19°10'44" WEST, A DISTANCE OF 376.64 FEET TO A 1/2-INCH IRON ROD WITH "BAKER AICKLEN"CAP FOUND; 5) NORTH 26°22'35" WEST, A DISTANCE OF 1454.98 FEET TO A 1/2-INCH IRON ROD WITH "BAKER AICKLEN" CAP FOUND; 6) NORTH 22°47'26" WEST, A DISTANCE OF 160.27 FEET TO A 1/2-INCH IRON ROD WITH "BAKER AICKLEN"CAP FOUND; 7) NORTH 26°23'34" WEST, A DISTANCE OF 114.86 FEET TO A 1/2-INCH IRON ROD WITH "BAKER AICKLEN"CAP FOUND; 8) NORTH 23°12'13" WEST, A DISTANCE OF 254.74 FEET TO A 1/2-INCH IRON ROD WITH "BAKER AICKLEN"CAP FOUND; 9) NORTH 02°18'29" WEST, A DISTANCE OF 323.01 FEET TO A 1/2-INCH IRON ROD WITH "BAKER AICKLEN" CAP FOUND AT THE INTERSECTION OF THE EASTERLY RIGHT-OF- WAY LINE OF KENNEY FORT BOULEVARD AND THE SOUTHERLY RIGHT-OF-WAY LINE OF THE UNION PACIFIC RAILROAD, BEING IN THE NORTHERLY LINE OF SAID 157.385-ACRE TRACT,FOR THE NORTHWESTERLY CORNER HEREOF; 12 https:Hscrrlawadmin-my.sharepoint.con/personal/rose_scrriaw_com/Documents/Desktop/Landlord Consent Estoppel-Ground Lease (04819947-3x9D882)-35918619.1(003).doc Execution Copy THENCE, NORTH 63°36'45" EAST, LEAVING THE EASTERLY RIGHT-OF-WAY LINE OF KENNEY FORT BOULEVARD, ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF THE UNION PACIFIC RAILROAD, BEING THE NORTHERLY LINE OF SAID 157.385-ACRE TRACT FOR THE NORTHERLY LINE HEREOF, A DISTANCE OF 2121.63 FEET TO THE POINT OF BEGINNING, CONTAINING AN AREA OF 338.795 ACRES (14,627,230 SQUARE FEET) OF LAND, MORE OR LESS, ALSO SAVE AND EXCEPT THEREFROM THE FOLLOWING TRACT OF LAND; THAT CERTAIN 1.50 ACRE TRACT OF LAND CONVEYED TO KEITH KRIENKE AND LAURA RINEHART KRIENKE BY DEED OF RECORD IN DOCUMENT NO. 2006074399 OF SAID OFFICIAL PUBLIC RECORDS,TEXAS; SAID 1.50 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING, A 1/2-INCH IRON ROD WITH "BAKER AICKLEN" CAP FOUND IN THE SOUTHERLY RIGHT-OF-WAY LINE OF THE UNION PACIFIC RAILROAD FOR THE NORTHWESTERLY CORNER OF LOT 1, BLOCK A OF SAID FINAL PLAT OF BRUSHY CREEK REGIONAL WASTEWATER TREATMENT PLANT OF RECORD,BEING THE NORTHEASTERLY CORNER OF SAID 155.589-ACRE TRACT; THENCE, SOUTH 26°12'00" EAST, LEAVING THE SOUTHERLY RIGHT-OF-WAY LINE OF THE UNION PACIFIC RAILROAD, ALONG THE COMMON LINE OF SAID 155.589-ACRE TRACT AND SAID LOT 1, A DISTANCE OF 49.99 FEET TO A 1/2-INCH IRON ROD WITH "BAKER AICKLEN" CAP FOUND; THENCE, SOUTH 03°34'49" EAST, LEAVING THE WESTERLY LINE OF SAID LOT 1, OVER AND ACROSS SAID 155.589-ACRE TRACT, A DISTANCE OF 291.32 FEET TO A 1/2-INCH IRON ROD WITH "STAN COALTER" CAP FOUND FOR THE POINT OF BEGINNING, BEING THE NORTHEASTERLY CORNER OF SAID 1.50-ACRE TRACT AND HEREOF; THENCE, ALONG THE EXTERIOR LINES OF SAID 1.50-ACRE TRACT FOR THE EXTERIOR LINES HEREOF,THE FOLLOWING FOUR(4)COURSES AND DISTANCES: 1) SOUTH 03°34'49" EAST, A DISTANCE OF 298.62 FEET TO A 1/2-INCH IRON ROD WITH "STAN COALTER" CAP FOUND FOR THE SOUTHEASTERLY CORNER HEREOF; 2) SOUTH 74°24'52" WEST, A DISTANCE OF 244.97 FEET TO A 1/2-INCH IRON ROD WITH "STAN COALTER" CAP FOUND FOR THE SOUTHWESTERLY CORNER HEREOF; 3) NORTH 06°37'52" EAST, A DISTANCE OF 340.30 FEET TO A 1/2-INCH IRON ROD WITH "STAN COALTER"CAP FOUND FOR THE NORTHWESTERLY CORNER HEREOF; 4) NORTH 81°44'34" EAST, A DISTANCE OF 179.89 FEET TO THE POINT OF BEGINNING, CONTAINING AN AREA OF 1.500 ACRES (65,357 SQUARE FEET) OF LAND, LEAVING A TOTAL NET AREA OF 337.295 ACRES (14,692,570 SQUARE FEET) OF LAND, MORE OR LESS, WITHIN THESE METES AND BOUNDS. PART 2-0.037 ACRES BEGINNING, AT A 1/2-INCH IRON ROD WITH "BAKER AICKLEN" CAP FOUND IN THE WESTERLY RIGHT-OF-WAY LINE OF KENNEY FORT BOULEVARD (R.O.W. VARIES), BEING IN THE COMMON LINE OF SAID 157.385-ACRE TRACT AND THAT CERTAIN 107.17-ACRE 13 https:Hscrrlawadmin-my.sharepoint.com/personal/rose_scrrlaw_com/Documents/Desktop/Landlord Consent Estoppel-Ground Lease (04 8 1 9947-3x9D882)-35918619.1(003).doc Execution Copy TRACT OF LAND CONVEYED TO JOHN BOLT HARRIS, ET. AL. BY DEED OF RECORD IN VOLUME 2372, PAGE 112 OF SAID OFFICIAL PUBLIC RECORDS AND TO THE HICKOX FAMILY LIVING TRUST BY DEED OF RECORD IN DOCUMENT NO. 2006053683 OF SAID OFFICIAL PUBLIC RECORDS,FOR THE NORTHWESTERLY CORNER HEREOF; THENCE, SOUTH 28°4241" EAST, LEAVING THE EASTERLY LINE OF SAID 107.17-ACRE TRACT,ALONG THE WESTERLY RIGHT-OF-WAY LINE OF KENNEY FORT BOULEVARD FOR THE NORTHERLY LINE HEREOF, A DISTANCE OF 59.01 FEET TO A 1/2-INCH IRON ROD WITH "BAKER AICKLEN" CAP FOUND FOR THE NORTHERLY CORNER OF THAT CERTAIN 0.158-ACRE TRACT OF LAND CONVEYED TO THE CITY OF ROUND ROCK BY DEED OF RECORD IN DOCUMENT NO. 2011041098 OF SAID OFFICIAL PUBLIC RECORDS FOR THE NORTHEASTERLY CORNER HEREOF; THENCE,LEAVING THE WESTERLY RIGHT-OF-WAY LINE OF KENNEY FORT BOULEVARD, WITH THE NORTHERLY LINE OF SAID 0.158-ACRE TRACT FOR THE EASTERLY AND SOUTHERLY LINES HEREOF,THE FOLLOWING TWO(2)COURSES AND DISTANCES: 1) SOUTH 17°26'31" WEST, A DISTANCE OF 55.47 FEET TO A 1/2-INCH IRON ROD WITH "SAM"CAP FOUND FOR THE SOUTHEASTERLY CORNER HEREOF; 2) SOUTH 63-37-08" WEST, A DISTANCE OF 8.52 FEET TO A 1/2-INCH IRON ROD WITH "BURY" CAP SET IN THE COMMON LINE OF SAID 107.17-ACRE TRACT AND SAID 157.385- ACRE TRACT FOR THE SOUTHWESTERLY CORNER HEREOF FROM WHICH, A 1/2-INCH IRON ROD WITH "SAM" CAP FOUND FOR THE APPARENT NORTHWESTERLY CORNER OF SAID 0.158-ACRE TRACT AS FOUND BEARS, NORTH 76°15'30" EAST, A DISTANCE OF 0.67 FEET; THENCE, NORTH 02°09'44" WEST, LEAVING THE NORTHERLY LINE OF SAID 0.158-ACRE TRACT, ALONG THE COMMON LINE OF SAID 107.17-ACRE TRACT AND SAID 157.385-ACRE TRACT FOR THE WESTERLY LINE HEREOF, A DISTANCE OF 108.54 FEET TO THE POINT OF BEGINNING,CONTAINING AN AREA OF 0.037 ACRES(1,602 SQUARE FEET)OF LAND,MORE OR LESS,WITHIN THESE METES AND BOUNDS. PART 3-4.609 ACRES COMMENCING, AT A 1/2-INCH IRON ROD WITH "BAKER AICKLEN" CAP FOUND IN THE WESTERLY RIGHT-OF-WAY LINE OF KENNEY FORT BOULEVARD (R.O.W. VARIES), BEING IN THE COMMON LINE OF SAID 157.385-ACRE TRACT AND THAT CERTAIN 107.17-ACRE TRACT OF LAND CONVEYED TO JOHN BOLT HARRIS, ET. AL. BY DEED OF RECORD IN VOLUME 2372, PAGE 112 OF SAID OFFICIAL PUBLIC RECORDS AND TO THE HICKOX FAMILY LIVING TRUST BY DEED OF RECORD IN DOCUMENT NO. 2006053683 OF SAID OFFICIAL PUBLIC RECORDS,FOR THE NORTHWESTERLY CORNER HEREOF; THENCE, SOUTH 02°09'44" EAST, LEAVING THE WESTERLY RIGHT-OF-WAY LINE OF KENNEY FORT BOULEVARD; ALONG THE COMMON LINE OF SAID 107.17 ACRE TRACT AND SAID 157.385 ACRE TRACT, A DISTANCE OF 196.31 FEET TO A 1/2-INCH IRON ROD WITH"BURY" CAP SET IN THE SOUTHERLY LINE OF THAT CERTAIN 0.158 ACRE TRACT OF LAND CONVEYED TO THE CITY OF ROUND ROCK BY DEED OF RECORD IN DOCUMENT NO. 2011041098 OF SAID OFFICIAL PUBLIC RECORDS FOR THE POINT OF BEGINNING, BEING THE NORTHWESTERLY CORNER HEREOF FROM WHICH, A 1/2-INCH IRON ROD 14 https:Hscrriawadmin-my.sharepoint.con/personal/rose_scrrlaw_wm/Documents/Desktop/Landiord Consent Estoppel-Ground Lease (04819947-3x9D882)-35918619.1(003).doc Execution Copy WITH "SAM" CAP FOUND FOR THE APPARENT SOUTHWESTERLY CORNER OF SAID 0.158 ACRE TRACT AS FOUND BEARS,NORTH 63°02'14"EAST,A DISTANCE OF 0.70 FEET; THENCE, LEAVING THE EASTERLY LINE OF SAID 107.17-ACRE TRACT, WITH THE SOUTHERLY LINE OF SAID 0.158-ACRE TRACT FOR THE NORTHERLY LINE HEREOF, THE FOLLOWING TWO(2)COURSES AND DISTANCES: 1) NORTH 63°33'51" EAST, A DISTANCE OF 47.01 FEET TO A 1/2-INCH IRON ROD WITH "BAKER AICKLEN" CAP FOUND; 2) SOUTH 71°12'55" EAST, A DISTANCE OF 56.50 FEET TO A 1/2-INCH IRON ROD WITH "BAKER AICKLEN" CAP FOUND IN THE WESTERLY RIGHT-OF-WAY LINE OF KENNEY FORT BOULEVARD, BEING THE SOUTHEASTERLY CORNER OF SAID 0.158-ACRE TRACT, FOR THE NORTHEASTERLY CORNER HEREOF; THENCE, SOUTH 26-22'11" EAST, LEAVING THE SOUTHEASTERLY CORNER OF SAID 0.158- ACRE TRACT, OVER AND ACROSS SAID 157.385-ACRE TRACT, ALONG THE WESTERLY RIGHT-OF-WAY LINE OF KENNEY FORT BOULEVARD FOR THE EASTERLY-LINE HEREOF, A DISTANCE OF 695.06 FEET TO A 1/2-INCH IRON ROD FOUND FOR THE NORTHEASTERLY CORNER OF THAT CERTAIN 0.864-ACRE TRACT OF LAND CONVEYED TO THE CITY OF ROUND ROCK BY DEED OF RECORD IN DOCUMENT NO. 2011041098 OF SAID OFFICIAL PUBLIC RECORDS FOR THE SOUTHEASTERLY CORNER HEREOF; THENCE, LEAVING THE WESTERLY RIGHT-OF-WAY LINE OF KENNEY FORT BOULEVARD, WITH THE NORTHERLY LINE OF SAID 0.864-ACRE TRACT FOR THE SOUTHERLY LINE HEREOF,THE FOLLOWING TWO(2)COURSES AND DISTANCES: 1) SOUTH 18-36-13"WEST,A DISTANCE OF 56.47 FEET TO A 1/2-INCH IRON ROD FOUND; 2) SOUTH 63-36-13" WEST, A DISTANCE OF 395.45 FEET TO A 1/2-INCH IRON ROD WITH "BURY" CAP SET IN THE COMMON LINE OF SAID 107.17-ACRE TRACT AND SAID 157.385- ACRE TRACT FOR THE SOUTHWESTERLY CORNER HEREOF FROM WHICH, A 1/2-INCH IRON ROD FOUND FOR THE APPARENT NORTHWESTERLY CORNER OF SAID 0.864-ACRE TRACT AS FOUND BEARS,NORTH 58°21'23"EAST,A DISTANCE OF 1.69 FEET; THENCE, NORTH 02°09'44" WEST, LEAVING THE NORTHERLY LINE OF SAID 0.864-ACRE TRACT, ALONG THE COMMON LINE OF SAID 107.17-ACRE TRACT AND SAID 157.385-ACRE TRACT FOR THE WESTERLY LINE HEREOF, A DISTANCE OF 849.94 FEET TO THE POINT OF BEGINNING, CONTAINING AN AREA OF 4.609 ACRES (200,777 SQUARE FEET) OF LAND, MORE OR LESS,WITHIN THESE METES AND BOUNDS. PART 4-9.796 ACRES COMMENCING, AT A 1/2-INCH IRON ROD WITH "BAKER AICKLEN" CAP FOUND IN THE WESTERLY RIGHT-OF-WAY LINE OF KENNEY FORT BOULEVARD (R.O.W. VARIES), BEING IN THE COMMON LINE OF SAID 157.385-ACRE TRACT AND THAT CERTAIN 107.17-ACRE TRACT OF LAND CONVEYED TO JOHN BOLT HARRIS, ET. AL. BY DEED OF RECORD IN VOLUME 2372, PAGE 112 OF SAID OFFICIAL PUBLIC RECORDS AND TO THE HICKOX FAMILY LIVING TRUST BY DEED OF RECORD IN DOCUMENT NO. 2006053683 OF SAID OFFICIAL PUBLIC RECORDS,FOR THE NORTHWESTERLY CORNER HEREOF; 15 https:Hscrrlawadrnin-my.sharepoint.r-om/personaUrose_scrrlaw_com/Documents/Desktop/Landlord Consent Estoppel-Ground Lease (04819947-3x9D882)-35918619.1(003).doc Execution Copy THENCE, SOUTH 02°09'44" EAST; LEAVING THE WESTERLY RIGHT-OF-WAY LINE OF KENNEY FORT BOULEVARD, ALONG THE COMMON LINE OF SAID 107.17 ACRE TRACT AND SAID 157.385 ACRE TRACT, A DISTANCE OF 1133.82 FEET TO A 1/2-INCH IRON ROD WITH"BURY" CAP SET IN THE SOUTHERLY LINE OF THAT CERTAIN 0.864 ACRE TRACT OF LAND CONVEYED TO THE CITY OF ROUND ROCK BY DEED OF RECORD IN DOCUMENT NO. 2011041098 OF SAID OFFICIAL PUBLIC RECORDS FOR THE POINT OF BEGINNING, BEING THE NORTHWESTERLY CORNER HEREOF FROM WHICH, A 1/2-INCH IRON ROD WITH "SAM" CAP FOUND FOR THE APPARENT SOUTHWESTERLY CORNER OF SAID 0.864 ACRE TRACT AS FOUND BEARS,NORTH 62.52'19"EAST,A DISTANCE OF 1.77 FEET; THENCE, LEAVING THE EASTERLY LINE OF SAID 107.17-ACRE TRACT, WITH THE SOUTHERLY LINE OF SAID 0.864-ACRE TRACT FOR THE NORTHERLY LINE HEREOF, THE FOLLOWING TWO(2)COURSES AND DISTANCES: 1)NORTH 63-36'57"EAST,A DISTANCE OF 431.40 FEET TO A 1/2-INCH IRON ROD FOUND; 2) SOUTH 71°27'38" EAST, A DISTANCE OF 56.40 FEET TO A 1/2-INCH IRON ROD WITH "BAKER AICKLEN" CAP FOUND IN THE WESTERLY RIGHT-OF-WAY LINE OF KENNEY FORT BOULEVARD, BEING THE SOUTHEASTERLY CORNER OF SAID 0.864 ACRE TRACT, FOR THE NORTHEASTERLY CORNER HEREOF; THENCE, LEAVING THE SOUTHEASTERLY CORNER OF SAID 0.864-ACRE TRACT, ALONG THE WESTERLY RIGHT-OF-WAY LINE OF KENNEY FORT BOULEVARD FOR THE EASTERLY LINE HEREOF,THE FOLLOWING FOUR(4)COURSES AND DISTANCES: 1) SOUTH 26°22'09" EAST, A DISTANCE OF 250.82 FEET TO A 1/2-INCH IRON ROD WITH "BAKER AICKLEN" CAP FOUND AT THE POINT OF CURVATURE OF A NON-TANGENT CURVE TO THE RIGHT; 2) ALONG SAID NON-TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF 1441.72 FEET, A CENTRAL ANGLE OF 12°09'39", AN ARC LENGTH OF 306.00 FEET, AND A CHORD WHICH BEARS, SOUTH 21°15'08" EAST, A DISTANCE OF 305.42 FEET TO A 1/2-INCH IRON ROD WITH"BAKER AICKLEN" CAP FOUND AT THE END OF SAID CURVE; 3) SOUTH 00°08'16" EAST, A DISTANCE OF 360.25 FEET TO A 1/2-INCH IRON ROD WITH "BAKER AICKLEN"CAP FOUND; 4) SOUTH 16°10'46" WEST, A DISTANCE OF 165.87 FEET TO A 1/2-INCH IRON ROD WITH "SAM" CAP FOUND FOR THE MOST NORTHERLY NORTHEASTERLY CORNER OF THAT CERTAIN 12.1-ACRE TRACT OF LAND CONVEYED TO THE CITY OF ROUND ROCK BY DEED OF RECORD IN DOCUMENT NO. 2013049009 OF SAID OFFICIAL PUBLIC RECORDS FOR THE SOUTHEASTERLY CORNER HEREOF; THENCE, SOUTH 88°41'51" WEST, LEAVING THE WESTERLY RIGHT-OF-WAY LINE OF KENNEY FORT BOULEVARD, ALONG THE NORTHERLY LINE OF SAID 12.1-ACRE TRACT FOR THE SOUTHERLY LINE HEREOF,A DISTANCE OF 267.19 FEET TO A 1/2-INCH IRON ROD WITH "BAKER AICKLEN" CAP FOUND IN THE EASTERLY LINE OF THAT CERTAIN 4.42- ACRE TRACT OF LAND CONVEYED TO THOMAS P. ELROD ET. UX. BY DEED OF RECORD IN DOCUMENT NO. 1813, PAGE 540 OF SAID OFFICIAL PUBLIC RECORDS, BEING THE WESTERLY LINE OF SAID 157.385-ACRE TRACT, ALSO BEING THE MOST NORTHERLY 16 https:Hscrrlawadmin-my.sharepoint.com/personal/rose_scrrlaw_wm/Documents/Desktop/Landiord Consent Estoppel-Ground Lease (04819947-3x9D882)-35918619.1(003).doc Execution Copy NORTHWESTERLY CORNER OF SAID 12.1-ACRE TRACT FOR THE SOUTHWESTERLY CORNER HEREOF; THENCE, NORTH 01°23'35" WEST, LEAVING THE NORTHERLY LINE OF SAID 12.1-ACRE TRACT, ALONG THE COMMON LINE OF SAID 157.385-ACRE TRACT AND SAID 4.42-ACRE TRACT FOR A PORTION OF THE WESTERLY LINE HEREOF, A DISTANCE OF 498.34 FEET TO A 1/2-INCH IRON ROD FOUND FOR THE NORTHEASTERLY CORNER OF SAID 4.42-ACRE TRACT; THENCE, SOUTH 89-11'33" WEST, ALONG THE IRREGULAR WESTERLY LINE OF SAID 157.385-ACRE TRACT AND THE NORTHERLY LINE OF SAID 4.42-ACRE TRACT, PASSING AT A DISTANCE OF 319.72 FEET, A 1/2-INCH IRON ROD FOUND FOR THE NORTHWESTERLY CORNER OF SAID 4.42-ACRE TRACT,AND CONTINUING FOR A TOTAL DISTANCE OF 323.61 FEET TO A 1/2-INCH IRON ROD FOUND IN THE COMMON LINE OF SAID 157.385-ACRE TRACT AND SAID 107.17-ACRE TRACT FOR THE SOUTHWESTERLY CORNER HEREOF; THENCE, NORTH 02°09'44" WEST, ALONG THE COMMON LINE OF SAID 157.385-ACRE TRACT AND SAID 107.17-ACRE TRACT FOR A PORTION OF THE WESTERLY LINE HEREOF, A DISTANCE OF 367.85 FEET TO THE POINT OF BEGINNING, CONTAINING AN AREA OF 9.796 ACRES (426,728 SQUARE FEET)OF LAND,MORE OR LESS,WITHIN THESE METES AND BOUNDS. BEARING BASIS: THE BASIS OF BEARING OF THE SURVEY SHOWN HEREON IS TEXAS STATE PLANE COORDINATE SYSTEM, CENTRAL ZONE, NAD 83 (96), UTILIZING WESTERN DATA SYSTEMS CONTINUALLY OPERATING REFERENCE STATION(CORS)NETWORK. LESS AND EXCEPT, LOT 2, BLOCK "C", FINAL PLAT OF KALAHARI RESORT AND REPLAT OF BERTIL TELANDER SUBDIVISION, RECORDED APRIL 27, 2018 AS DOCUMENT NUMBER 2018035349 IN THE OFFICE OF THE CLERK OF WILLIAMSON COUNTY,TEXAS. A PORTION OF THE ABOVE LAND ALSO INCLUDES THE FOLLOWING LOT 1, BLOCK "A" AND LOT 1, BLOCK "C", FINAL PLAT OF KALAHARI RESTOR AND REPLAT OF BERTIL TELANDER SUBDIVISION, RECORDED APRIL 27, 2018 AS DOCUMENT NUMBER 2018035349 IN THE OFFICE OF THE CLERK OF WILLIAMSON COUNTY,TEXAS. 17 https:Hscrrlawadmin-my.sharepoint.com/personal/rose_scrrlaw_com/Documents/Desktop[Landiord Consent Estoppel-Ground Lease (04819947-3x9D882)-35918619.1(003).doc Execution Copy Exhibit B (Lease and Amendments) Exhibit B—Landlord Consent&Estoppel https://scrrlawadmin-my.sharepoint.con/personaVrose_scrrlaw_com/Documents/Desktop/Landlord Consent Estoppel-Ground Lease (04819947-3x9D882)-35918619.1(003).doc Execution Copy