Exhibit 10.79
[LOGO OF WELLS FARGO]
Real Estate Group Orange County 2030 Main Street, Suite 800 Irvine, CA 92614 949 25l-4300
September 23, 2002
Mr. Preston Miller ACF Investment Corp., 801 Cherry Street, Suite 3900 Fort Worth, Texas, 76102
RE: ACF Investment Corp., a Delaware corporation
4000 Embarcadero, Arlington, TX 76014 ("Property")
Wells Fargo Bank Texas, Loan No. #27840E
Dear Mr. Miller:
This Sixth Letter Modification Agreement dated September 23, 2002 ("Agreement") is entered into by and between Wells Fargo Bank Texas, National Association ("Lender") and ACF Investment Corp., a Delaware corporation ("Borrower").
Pursuant to the terms of a construction loan agreement between Borrower and Wells Fargo Bank, National Association ("Original Lender") dated June 29, 2001 ("Loan Agreement"), Original Lender made a loan to Borrower in the principal amount of Twenty Four Million Seven Hundred Eighty Thousand and 00/100ths Dollars ($24,780,000.00) ("Loan"). Said Loan is secured by, among other things, a Construction Deed of Trust with Absolute Assignment of Leases and Rents, Security Agreement and Fixture Filing ("Deed of Trust") dated June 29, 2001, executed by Borrower as "Grantor" for the benefit of Original Lender as "Beneficiary" and recorded on July 30, 2001, as Instrument No. D201180713, in the official records of Tarrant County, Texas encumbering real property described more particularly therein; and evidenced by a Promissory Note dated June 29, 2001 ("Note") and other documentation necessary to perfect the Loan and any amendments or modifications thereto (in ...
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