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F I L E <br /> Strasburger <br /> „rr ATTORNEYS AT LAW <br /> i <br /> December 20, 2004 <br /> ASHLEY 7 tCISiVER <br /> 214 651 4818 <br /> Direct Fax 214 659 4111 i <br /> ashley kisner@stmsburger com <br /> VIA FEDERAL EXPRESS <br /> Mr Charles G Patmon III <br /> 2301 Cove Court ' <br /> Stockton, CA 95204 j <br /> RE 7-Eleven Store #14117 <br /> 2725 Country Club Blvd <br /> Stockton, CA 95204 <br /> ("7-Eleven Property") <br /> I <br /> Dear Mr Patmon I <br /> This letter amends and supercedes my two previous letters to you, dated November 22, <br /> 2004, and December 1, 2004 This letter is written on behalf of 7-Eleven, Inc , flkla The <br /> Southland Corporation ("7-Eleven") As you know, 7-Eleven has been required by the <br /> Sart Joaquin County Department of Health to undertake additional assessment work on <br /> the property for which you serve as trustee, located at 2733 Country Club Blvd , <br /> Stockton, CA (the "Property") 7-Eleven therefore needs to exercise its right to access <br /> the Property under the access and indemnity agreement signed by you and 7-Eleven on <br /> September 17, 1998, copy attached (the "Agreement"). <br /> As further consideration for 7-Eleven's right to access under the Agreement, the parties <br /> hereby agree as follows <br /> 1 At[ borings and any monitoring wells on the Property will be capped 2 to 3 feet <br /> below the surface with compacted, engineered fill material, and repaved with asphalt to <br /> match the existing pavement The paving work will be performed by a licensed, � <br /> professional contractor The locations of the soil borings are reflected on the site map <br /> previously provided to you under cover of September 20, 2004, correspondence from <br /> Jaff Auchterlonie of SECOR International, Inc , <br /> 2 You are anticipating a refinancing of the Property As a part of that refinancing <br /> process, the parties agree that <br /> a) 7-Eleven will share with your lender, at no cost to you, non-confidential <br /> environmental reports that reflect the condition of the 7-Eleven Property and any <br /> impact to the Property, <br /> 854499 11SP 2POO88104401122004 <br /> Strasburger& Price,LLP <br /> 901 Main Street,Suite 4300 - Dattas Texas 7S202 3794 - 214 6514300 tet 214 6514330 fax - www strosburger com <br /> Austin Uattas Houston San Antonio Washington 0.C. 11e)dco City <br />