BLOCK 21 CONDOMINiUMS

SECOND AMENDMENT TO AGREllMllNT OF SALE AN)) PURCHASE

TI1is Block 21 Cqndominiums $e(';Qod Amendment lQ Agl'eemel'd Qf SOlie an" Purchase (this
"Amendment") is m.de and into by and between CJUF IJ STRATUS BLOCK 21 LLC,
Delaware limited liability company ("Seller"), and ROY 1'. KEITHLEY AND JEANETTE KEITHLEY
(collectively, "Buyer"), and is as follows!
RllCITALS:
A, Seller and Buyer art! to that lock 21 Rm>ideptia! Condominiums -
Agree",e!)! 91 Sale and I'u(cllMe, dated effective April '16, 2008, as amended by that certain Blo(;)s 21
'gesidfmtiai Condorninh..I.ms Amendment to (Sf Sale and Purchase. d.ated effective November
12,2009 (as so amended, the "Contract"), pursuant to which Seller agreed to sell and Buyel' agreed to
purchase Unit 2902 in Blod, 21 Condominiums (the "Unit"), a cOl,dominiunl regill1e located ill Travis
County, Texas, Iil'stnblished PUfl;it:mlit to the DedilraHon of Condominium Resime for Block
Condominiums, recorded os Document No. 20JO]82736 in the Official Public Record, of Travis County,
Texas, as more ptlrticulady described in the Contract.
B. Seller and Buyer desire to amend al,d Inodify the Contract os more particularly described
below.
NOW, THEREFORE, in consideration of tile foregoing and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowlodged, Seller and Buyer hereby
agree as follows!
1. DefiijjtillllO. Each capitalized term used herein wi!! have the meaning assigned to such
term jn the Contract, unless the context heraof otherwise requires or provides.
2. fur Unit CampI.tions.
(e) Buyer acknowledges that, notwithstanding any provision to the Contred, !:he
Unit has been constructed by Seller as' unfinished "shell space- in accord'lllce with the pIons Imd
speCifications and change order attached h.,.to and incorporated herein by reference as
Attachment 1 ("SeIler's 1'Ians and SlIecifications"). Without limit.tion On the Buyer
further acknowledges that Seller's sole obligation with respect to finish-out of the Unit shall be to
construct the Unit in accordance with Seller's Plans and Specifications
l
and in no event shall
Seller be obligated, under the terms of the Contract or otherWise. to construct any improvements
to or within the Unit except as ."Pressly described in Seller's Pia,," and Specifications.
(b) Except for those improvements in and 10 the Unit to be constructed by Bell.r as
described in SeHer'S Plans and SpeCiflcatiox\s, euyer will be solely responsible for all items
reqUired for finishing the interior 01 the Unit induding, without limitation: (i) Buyer's ceiling
and lighting; (ii) tIoor firush in the Unit; (iii) interior finishes 01 any kind iX\ the Unit; (iv) inrerior
"artitions, doors, and hardware within the Unit) (Iv) lIuyer's furnishing, fixtures and equipment;
(v) plumbing fixtures within the Premises; (vi) distribution of plumbit'll" ond electrical serviCf1s;
and (vii) electric.l panel distribution wiring and fixtures U1I"oughout the Unit (collectively,
408486-4 0612912011
"Buyer'.lmpI'Qvements"), All of Buyer's Improvements must comply with any applicable rules
and regulations set tOI,th in the COnd0111iniul'n Documerlts.
(e) ll,cept with the express writtell consent of SeUer, Buyer may not begin
of Buyel"s Improvem.ents prioi' to Closing,
(d) The pro"i.'o". of this Amendment supersede and replace Section 3.m of the
Con:t1-act in its entiNi!ty.
3, Revised PII!$ha.e Price. In consideration of the fact that the Unit wiD no longer be
delivered from Seller to Buyer ot CloSing as a finished space as originally contemplated by the Contract,
ancl will ;'lSt d be delivered from Seller to Buyer at Closing as unfinished "shell space" in accordance
with the tef",' and provisions of this Amendment, SelicI' and Buyer hereby agree U,at the Purchase Price
for the Unit is hereby reduced so as to b. os follows:
Base Prke-. $1,825,957
Plus Storage, N/A
Plus Additional Porking' N/A
flItchase Price: $1.825,957
4. Conditions l:xecedent fg Constructiqn of !luyer's I!'lpmvemen/s. Seller hereby consents
to construction of I>uyor's Improvements upon U,e following three (3) conditions precedent
(I) that Seller ond BUyer shall hnve mutually agreed in writing upon all plans and specifications for
Buyer's hnprovements IItIlizing Hle procedure herein.fter sel forth (collectively, "BlIyer's PlanlO and
Specifications"); (i\) that SelJer and auyer shall have mutually agreed in writing upon one Or more
general contractors to be utilized by Buyer ill constructing Buyets Improvements; and (iii) that Buyer h
tendered to Seller true copies of all building permits and other approvals necessary for the work of Buyer
and its contractors to be performed in connection with Buyer's Improvements, together With aU
certificates 01011 insurance required to be obtained by Buyer pursuant to Amendment,
s, Approval Qt IJuver's Plans and Specifiglions and Contractor,
(a) If Seller and Buyer have not prior to (or contemporaneous with) the execution of
this Amendment by SelJer and Buyer agreed in writing "pon Buyer's Plans and Specifications Or
have not agreed in writing upon one more generaJ contractors to be utHized by Buyer in
constructing Buyer's Improvements, then within thirty (30) days alter the date 01 this
Amendment, Buyer shall cau,e oomplete plans and specifications to be prepared by .n
architectural firm reasonably approved in advance by Seller and submitted to Seller for
examination along with a list of genera' contractors, any of which Buyer would be willing to
enter into a contract with for the construction of Buyers Improvements, provided thai the bid of
such. contractor or price n.egotiated with such conttattot' is to Buyer.
2
4084864 Mlz91.l011
(b) Buyer's Plans and Speci/Jell!io", shall indude U,. partition layOUI, ceiling- plan,
elcotdeal ouU.t, and swilches, telephone outlets, drawings for any modifitalions to the
mechanical plumbing systcnlS of fhe Ut1it or the project. Such plilns and must
be in compHa11Cf1 with: (1) all t1pplicnbJe govelTIment laws, codes/ rules, and regLllntions; and (ii)
Ihe Green Building Agreement nltached hereto and incorpornted hereill by reference for all
purposes as Attachment 2 (the "Green lIuilding Agreement"). Buyer covenonls thaI Buyer's
Improvements, and the construction thereof, will be in full compliance with the Green BuUding
Agreement. Buyer acknowledge. receipt of th. Block 21 Green GuideboOk (Ihe "Green
Guidebook") promulgated by Seller for uSe by !luyer, among others, in order to achieve
compliante with the Green Building Agreement. The Greon Guidebook supplernenls the Green
Building Agreement. .
(c) 11 any of Buyer'. proposed construction work will affect the project'S HVAC,
electrical, mechanical, Or plumbh'g systems, then the working drawings pertaining therelo shall
be prepared by Seller's engine.l of !"ecord, whOln Buyel" shall at ils cost engage lor such purpose.
(d) Seller shall examine Buyer's plans and SpedflcatiOlla and list of contraclors
submitted by Buyer and. notify Buyer as to any change. desired hy Seller in such plans and
specifications and as to whether Seiler approves or distlpproves of each contractor named on
such list of contractors. Buyel shall have no obligation to modify the plans and specification. in
the manner indicated by Seller, but Buyer shall have no right to cons/met any of Buyer's
Improvements unles. Seller and lluyer shall have mutually agreed in writing upon the Buyer
Plans and Specifications (as evidenced by Sellers and Buyer s signing and dating such plans and
speciflelllions) and unles. Seller and Buyer further shall have mutually agreed in writing upon
the contractol to be utilized by Buyer.
(e) Buyer's!'I"". and Specifications approved by Seller in accordance with the terms
and plovisions hereof are <olerred to he,.in as the "Approved Plans", 1lI1d the work to be
performed in accordance with the Approved Plans is referred to herein a. "Buyer's Work". The
contra.ctor approved by Seller is referred to as the IIApproved Contractor."
6. nUY"'. Work. Upon approval of the Approved Plans as provided herein, Buyer shall
enter the Unit and Buyer will couSe the Approved Contractor to perform !luyer's Work diligently and
complete such woxk in a and good workmanlike mannet and in accordance with Section 7
below. DUring the performance of the Buyer" Work, Buyer agrees to follow. the Supplemental
Condition. hereto as Attachment Seller or its .gent shall have access to the tinit .t .11 times
for ongOing Inspeetlon; of Buyer', Work and Seller's contractor shall have access 10 Ihe Unit at all times
as netessaty to coordln.te B"yers Wo,k with con.!rnccon 01 the project as whole. Buyer will provide
Seller'. agent and Seller's contractor the opportunity to be involved in construction progress meetings
with the Approved Contractor.
7, No InteWl!l'nce with Ibe COn8tmctlon and Qperation of the Project. At all times while
Buyer is completing Buyer's Work in the Unit and blstalling its equipment, furnituxe and fixtures, Buyer
shall: (i) ensur.that the Approved Contractor will coordinate its performance of the Buyer's Work wilh,
and pursuant to the re.sonable, good faith inslructions of, SeUer's repre.entative and in acmEdence with
lhe Condominium Documents and all rules and regulations of the Association; and (ii) enSure that the
Appl,'Oved Contractor will perform Buyer's Work in. a manner that does not interfere with the condul;t of
business ot the project.
3
408486-4061291l011
a. Ilttyer Responsible fQr Approved COIlIf.<!or and Conslruci;on. With respect to any
labor perfonned or ml1terials furnished by Buyer in th Unit, the following shall apply: All such Jabor
shall be performed and materials furnished at Buyer'. own cost, expense, and risk. Labor and materi.ls
used in the instruiation of Buyer's furniture and and in ilny other work perfonned by or on
behalf of Buye, wid,in the Unit or at the project, will be subject to Seller'S prior written approval which
shall not be unreasonablY conditioned Or delayed. With respect to any conll'act of any such
I.bor or materi.ls, Buyer shall act as principal nnd not as Uw agent 01 Seller. Buyer agrees to indemnify
and hold Sener h .. mless from all claims (including eosts and expense. of defending against such claims)
<ll'ising or aJlegQd to arise frorn any act or omission of Buyer or Buyer's agents.. employees, contradors
t
subcontractors, laborers, materialmen,. or invitees, l"Sulting in any bodily injury or property damage
occurting or alleged to hnve occurred incident to auyer'. Work Buyer sh.1I have no .uthority to place
any lien upon Ule Unit, the project or any illterest therein nor in any way to bind Seller; ahd any attempt
to do so sllall be void and of nO effect. Seller expressly disclaims liability for the cost of labor pettormed
01' materials fumished by lIuyer. If, beCl1use of any actual 01' aUeged act 0" omission of Buyer, any lien,
affid.vit, charge, or order for the payment 01 money shall be filed against S.lIer, tile Unit, the Or
any portion thereof or interest therein, whether or not SQch Hen, affidavit
l
chafge, Or order is va.lid or
enforceable, 'Buyer shalt, at its OWl'! cost expenSe, initiate action to cause same to be discharged of
record by payment, bonding, 01' otherwise, no later than (30) days after notke to Buyer of tlw filing
thereof, but ill .U events, prior to the foreclosure d'eteof. All 01 Buye';. Work shall be performed in
good workmanlike manner i" accord.n"" with applicable b"ilding codes, regulations, the
Condominium Documents, requirements of this Amend,nent, and all other legal requirements.
Notwithstanding anythi"g herein to the contrary, it is understood and agreed that Buyer may cause' lien
to be placed against the Unit a"d rights appurtenant thereto as part of Buyer's financing all or a portion
of the purchase price of the Unit and the cost of Buyel"'s Work.
9. Insurance Requirwntmts. Prior to the commencement of c(mstruction of Suyer's Work,
Buyer must furnish to Seller proof of all "Genexal Contractor lnsura,)" (as defined below) that may be
requked by Seller. Seller may, at Seller'S option require that the Approved Contractor maintain and
provide proof of the following insurance coverages during the perfonnance of the Buyer Work ("General
Contractor Insurance"):
(I) Workers' COll:ll1ensat!onlliml'loyer'. Insurance. Coverage shall be consistent
with statutory benefits outlined in the Texas Workers' Compensation Insurance Act (Section 401)
or its SUCcessor. Buyer must aSsure that the Approved Contraclor complies with this statut.; by
submitting two (2) copies of standard certificate of coverage (e.g .. ACCORD form) to Seller for
every person providing .ervices in ij,. connection with Buyer's Work a. acceptabl. proof of
coverage. Workers' Compensation Insurance coverage written by the Texas Workers'
Compensation Fund is acceptable. The policy provided by Approved Conll'aclor shall apply to
the State of Texas and include these endorsements in favor of Seller, or their equivalent (Waiver
of Subrogation fOlm WC 420304 and Thirty (30) Day Notice of Cancellation form WC 420601).
(ii) El)ll<loyers' Liability Insuran,e. The minimum limits shan be $1,000,000.00 minimum
bodily i'ljury per acddent, $1,000,000.00 minimum bodily injury by disease policy limit, .hd
$1,000,000.00 minimum bodily injury by disease eaoh employee.
(iii) Commercial GeVernl Liallilitv InsuranC!). The commercial general Iiabil!ty policy must
prov14e coverages A (flodily Injury and Property Darnalle Liability) .",1 B (P<rson.l &
Advertising Injury Liability) with minimum combined bodily injury, person.l injury, and
4
408486-40612912011
property damage limit of $Z,OOO,OOO.OO, per occunence and $2,000,000.00. aggregate coverage.
Tho commercial gener.1 liability policy shall insure Buyer's contraciors end any subcontractors
again,f any and all claims for personal injury, including deet!' resulting therefrom, and damage
to property of others arising from operations under contracts whether such operations are
performed by Buyer or Approved Contractor or by any subcol1tractor for whose acts any of them
may b" liable and shal! include the condition that it is primary and that any liability insuranre
maintained by Seller or any aU,er additional insured is exc .. s anel 1'lOncontributory. The polky
shall contain the following provisions:
(1) Blanket contractual liability coverage for liability assumed under .11
contracts relQling to Buyer's Work;
(2) Completed Operations/products Liability;
(3) Bxplosion, Collapse and Underground (X, C, and 0) coverage;
(4) Independent Contractors coverage;
(5) Aggregate Limits of insurance per project, endorsement CG 2503;
(6) Seller listed as an additional insured, endorsement CG 2010;
(7) Thirty (30) Day Notice of CanceHation in favor of Seller, endorsement
CG 0205iand
(8) Waiver of Transfer of Recovery Against Others in favor of SeUer,
endorsement CG 2404.
(lv) ygjnes. Automghile Liabilil,Y Buyer and Approved Contractor must provide
coverage for all owned, non-owned, and hired vehicles, induding fue ownership, maintenance
and operation thereof, and including loading and unloading fuereof, The business automobile
liability in",,,ance must provide a combined single limit of $2,000,000,00 per OcCUrrence, The
policy shall contain the following endorsements (if available) in favor of Seller:
(1)
(2)
(3)
(v) Genera!.
(1)
(2)
403486-4 0612912011
Waiver of Subrogation endorsement TE 2046A;
30 day notice of Cancellation endorsement TE 0202A; and
Additional Insured endOrSement TE 9901 B,
All policies of insurance are subjecl to Selle"s prior approval and spedal
conditions.
Each policy must be endorsed to provide that the carrier waives its right
of subrogation against SeUer and it. general partners and agents, Eacl't
such policy shall in addition be endors.d to ptovide that the carrier
s
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
408411640omaOII
w'1ives i\s right of subrogation "gainsl Seilet and Seller's general
contractor.
Each policy shall be endorsed to name Seller and its partners, agents, and
lenders as additional in,uNd" and that Ihe policy is primary OYer any
other applicable insurance. Enc" such policy shal! in addition be
endorsed to n'1Qle SeUer's gener.1 contl.ctor.
Approval of insurance by Seller Md the required minimum. shall not
relieve or deer.Me the liability or responsibility of Buyer under this
Amendme,,1 .nd sholl not be construed to be a limlt.tion 01 liabilIty.
Insurance coVel'age shall be written by companies licensed to do
business in Ihe State of Texa, at the time Ihe policy is issued and s h ~ l I be
written by companies wilh an AM. Best rating _ccept.ble to Seller.
The other insuronce clause shall not apply to Seller where Seller is an
.dditional insured shown on any policy. It i. intended that policies
provideQ by auyer sh.1I be considered prilnary coverage.
If insurance policies are not writtell for amounts specified above, Buyer
shall carry Umbrella or Excess Liability Insurance for any differences in
amounts specified. If Umbrella or Excess Liability Insurance is provided,
it shall follow the form of the primary coverage.
Seller shall be entitled, upon request Ma WitiloUt expense, to receive
certified copies of policies and endorsements thereto and may make any
reason.ble requests for deletion or revision or modification of particular
policy termsi conditions, Ibnitations or exclusions except where policy
provisions are established by law or regulations binding upon the pomes
hereto or the underwriter on any such policies,
Neither Buyer nor Approved Conlmctor shall cause or permit .ny
required insurance 10 lapse Or to be Ctlnceled while such insurance must.
remain i.n effect.
Buyer shall be responsible for premiums, deductibles, and self-insured
retentions, if any, stated in policies. All deductibles Or self-insured
retentions shall be disclosed on the certifiCtlt. of insurance.
Buyer shall provide Seller thirty (SO) days written notice of erosion 0' the
aggregate limits below reqUired limits for all .pplicable coverages
indicated within this Lease.
If Buyer'. property is being transported or stored by Approved
Contractor, then the appropri.te property pollcy will be endorsed for
transit and storage in an amount suffleient to protect Buyer's property.
10. S.lIer Apllf.QYi!1 Not a W@IDlnly. aSSUPleS no responsibility with respect to any
plans and specifitalions for construction work to be performed by Buyer, the selection of general
cot'ltractol's and suhtontrtlctors, and/or the performancQ of any construction work fur Which Buyer is
"esponsible under the terms of this Amendment, By consenting to, or approving itny ltem
J
pO .. SOIl, or matter which is delivered or presented to Seller or which is required to be accepted, consented
to, 0)' apPI'oved by SeUer put'suant to this Amendment, including, Witiloul the approval of
Buyer's Plans and Specifications .nd/or the approval of any general contractors or subcontractors, Soller
shan not be deemed to have warJ'lmted or represented the sufficiency, effectiveness, or any other
ch.racteli.tics of the s.me, of allY term, provision, or condition thereof, and such acceptance. consent
to, or approv.1 thereol not be or constitute any warranty or represelltation of any kind or nature
with respect thereto by Seller. No inspection or approval is substitute for al'y appUcable governmental
ttpproval, review, inspection, pemlit. or certificate, all of which are Btlyer's responsibility.
11. Abammen! of Assessments. Notwithstanding any provision to the conlralY in the
Contract, Seller, in Hs capacily .s controlling porty of the HR ASSOCiation, hereby coven.nts and agrees
with Buyer !hat in nO event shall any aS$<i!ssments be levied by the HR Association against the Unit until
one-hundred twenty (120) days after the Oosing Date. Further, although Buyer shall remain obligated
pursuant to SeeliOI! 5.05(/(4) 01 the Contract to pay at Closing two (2) months of estimated monthly
assessments applicable to the Unit as a working capital fee pnynolelo the HR Associ.tion, Buyer shall in
no event be obligated to pay at Closing the advrulce asseS$ment cOntribution to the HR Association
currently provided for in Sectioll 5.05(M5) of the Contracl. Seelion 5.0s(b)(S) 01 the Contract is hereby
amended to read "INTENTIONALt Y DELETED." The provisions of thls SectIon 11 shaJi ""pressly
survive Closing-.
12.
(a) ];lnti,e Olntract. This Amendment, together with the Contract, sets forth the
entire understanding of the parUes and supers.des all prior agreements or understandings,
whether wriHen Or oral, wi!h to !he subject matter hereof. No amendments, or
modifications hereto will be valid unless made in writing and signed by all patties hereto.
(b) Effect. This Amendment will extend to and be binding upon and inure
to the henefit of the parties hereto and their respective sUccessors and assigns.
(c) Countemarts. This Amendment may be executed in two or mOre counterparts,
each of which will be deemed an original, which together will constitute One in the same
agreement. This Amendment may be executed by facsimile Signature.
(d) This Amendment will be governed by and construed in
accordance with the laws of the Stale of To.a, and win be enforceable in Travis County, Texas.
(e) Affh:roation of <;;oz)i!act. SeUer and Buyer that, except as modified hereby,
the Contract, as amended, remains valid, binding and in full force and effect.
(I) Survlv," of Frovisio
ns
. Seller and Buyer agree that the provisions of this
Amendment shall expressly survive Closing.
7
408486-4061291201 ,

8
408486-1 061:l91201 J
IN WITNESS WHEREOf, Seller and Buyer have executed this Amendment to be effective as of
the last d.te set forth below.
1
408486-4 06129120) J
SELLER:
CJ11P II STRATUS BLOCK 21 LLC, n Delaware limited liability
company
Ily: Strutu. Block 21111ve.tments, L.),>.,. Texo. limited
pal'lner.hip, Sole Member
By: Str.tus Block 21 lnvesiments GP, L,t.C., a Texa.
limited liability company, General Partner
______________________ __
Erin Pkkens
l
Senior Vice President
Dat.: ____________
.!i.lJ.X!lR:
ROY F, I<EITHl.EY
I KEITHLEY
V:- f3 't.-O/ I
S43279.2JSPAIJ'19G4/1) IDIIOJ(l6f 1
408486-4 06129/'<011
A'ITACtlMENT 1
SELLJlR'S PLANS AND SPllClFICA TlONS
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Change Order
DUY8f{$}!
Unit:
Kelthla}'
N29()2,3D
Ohanga Ord&r No.: 2902
Ohange Order 0.,,:. Jan.ary 6, 2011
w
AUSTIN
THE RliSIOENCES
Buyar's Cost: GO
Change Order

Unit:
Kallhlay
Changa Olllor No.: 2902
Chang. Order Pal1>: January 6, 2011
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AU STIN
RESIDENCES
if thay be
Kaithluv
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Change Order
Unttl mHlD2,3D
AUSTIN
Chango Order ND.: 2902
Change O,dor Dale: Janu.ry 6, 2011
Sub-- /lem
Contractor NtJ.
Duser/ptlon
Psga3of4
A'!JACHMENT
W AUalln
Vnll: Addendum
(3D). Unll#29D2, ROy Klotn!ey
I. STAIIiOARD SELECTIONS. OPPONS AND UPGRADES
INiTlAl.S:
as


INITIALS,
INITIALS:
INITiALS:
INitIALS:

INITIALS:
INITIALS:
INITlALS:

INITIALS:
INITIALS:
INITIALS:
INJTIAL$,

Fully Ifltogratad System b3 KlteMn CobinGlf'y
Pie.,. Sel<!ct (1) On. of Ihe fcllovill19 Coblne' Tnls finiSh will b. usOd rar All lIeIfioai
including Upper and l,ower Cfl:bll'lels. Towers, and Integrated Panels.
MDtar Flrdshoo
1 SeracUo"; Aluminum Naturaf
2 selection; AjqrnJnum Gray
Matta Luquar FlJ\latl!:IIJ
3 Selectlom AlPin!! While
4 Selection: SINer Grey
5 Seladlcn: GraphIte
Wood FinIshEr.!
a Seleclfon: Nalr,lrtl! Cheny Veneer
7 Sefedton: alack: - Brown Oak V'enBlilr
8 Natural GreyOak Vunel;lT
9 SelecUon: Natura, AmeTlcan Walnut
2 ern Stong, $e,acth;ms for Counterlap and lshtnd
1 SeI.cU.n: carra ... Morbi., Honed with Squa,. Edg.
2 Sfl!IeGUon: Cal'rElra Marble, PoltshBd With Square edge.
3 LagosAzuI Urnestone, Honed villI) SqUiOO edge
4 SalacliM: Black Gr.mlte, H"orted with Square E::dge
5 Salacllon: Black GranIte, PolIshed with Square Edge
INITIALS: ,-__ ..... 1 [8JJ Grol19 Minta 58tles KltLllen Oual Spray FlueM wUh Pull Down in PQlrshod Chl'DI'r1Q
INITIALS: ,-__ ..... 1 1m] MIele Optfma Dishwasherwllntegral.ed PI.mol to Match CQbfn&hy &JecUon
INmALS,
a8
INlnAL$,
INInALS:
10
INITIALS:
OJ
INITIALS: [J
INITIALS:
C
l.aund!y Room
INITIALS' c=J 8
INITIALS: c:::::::J
INITIALS: I AlE I ra
Buyor'S Se'9cfion, Plaits' Sefec.tOrre of the FoltowiJl9 Appllanct:JS:
24" Steam O\tan
Miele 24" Speed CookIng Oven
3D'! M'Qlo Conventional Waif Ovan
31r" Misle Bottom Fmezerwith Inoogtated PaROl to Mat.:h CabInetry
3s" MJeJg G Bumar Gas stow Top
MlaJa 1$ltmd Vent Hood wIth Charcoal rUf$r
M{l;!m. TCllJchtronre WSQ33 Walif\ar
lJpgmdo MrgJe, "fouChtmnlc Ttl013 CcmcllHlS9r
"PI&ase Nota "That Only Condenser SIyfe Dryar.s: Be Used 11'1 the Sultd!nq.

INITIALS.
10
INITIALS' I
1m
INITIALS,
I .lfL J I!IJ
INITIALS:
14t:!:::
II]]
INITIALS:
IZ ........ 1m
Gurst Bathroom Two
ATTACHMENT
W Austin ReSidences
Unit Speclllca!k>n' Add,ndum
(3D) - Unll .2902. Roy Klothloy
VQnlty Ston& COuntsrtQP and Apron Front (eel(letrol'l Cheseh UndBf Stone SalocUons)
Above CtJUnm,. DuravttWro Sink
Otlmbrac:ht Mota.02 Serf,) Slnale..uV&f BMln Mixer Lavtltory Faucet
KoIllBt PareUlld9 Dual flUsh Tollut
liilnd TowlJl Sar and ioll!;! j;teper Hofdar
INiTIALS. I tl & 'J[8JJ Vilnlty StonEl Count9rtop (Se!Qctlon ChOGGn Undur $ewctlona)
INITIAlS:

III!!
AbtJve-CuuntBr Porcgfaln Sink
INITIALS:
I t1 ,c '"
1m
Koh'Gr Stillness Setfe:$ mdRpl1lad Ls.vstory Fauo&t
INiTIALS'
I rn
Tabu f"f;llo VOnMIt Cablneby UnderSiol'la Countartop
INITIALs.
111 P.-.:.. I !]J]
Kohler Perslmtb Dual FfUt>h Tollat
INITIAlS!
IIlN<-1 rn
Kuhlar Stillness Shower System
INITIALS.
If( ';:""" I IrEl
Hftnd Towel aaf;h Towel Bar, 'roUet P1lp9r Holdsr, ai'id Rob; Hook
GII.sf e.lhroorn TIlr
I DP4- I mJ Vanny StOlle CounfBrtop (Sef9ctfon Chosen UndDr Stone SufeotJons)
INITIAlS: (lEe'<:.. 1m Abovo.co.nterM.dornAn;poroel.lnSlnk
fN'I11Al..S: tAPA- I m Kohler SUlJns9!J Serlos Dgek MDunted WIdespread LavatOly Faul:E;ll
t 4. tJ!' P4- I [8j 1.010 Vgnget Cabrneby Under Stone ConQtertop and Unell CabInet
INI'I1ALS: I it (I<.. I II!! KohI.tP .... ad. Duol Flush Tollot
fNmALS; I a f&<. I Ir8lI Kohlor SHlrne!JS SIloWtft System
Master Bathroom
INITIALS: I Ilr:-- I [E] Vanity Slone Counterlop (Seloctlon Ch"".n UncI.t Stoho Selectl.n.)
lNfTlALS: I jl;::p- I [E] 'fwo Abovg.,(:OUhtOt Duraylt Vero POl'tolaln PaslnG
I d. pI<- I m Two Met.a.62 bssll't Mixer Lavatmy r:rdUCe{I;I
lNlnALS: I m

MM_
,
/l.pr-.
INITIALS,
I
INITIALS,
I tt,:;t..
INITIALS,

INITIALS:

II]
1m
II])]
II2!Jl
WACHMENI
W Au,lln ReaIdenoea
Unll AddB.dum
(30) Unll#2902, Roy KIOIhloy
Kr;thJGr Pertiuta:'!B Opal Flush 'fOIIst
7fJf" Duravlt Stark Soakft1!) 'nIb
Domllraeht DQ:ck Mounted Tub Flllerwith HBnclhald
Dornbtaeht Mate.Oa Shower HaBJj with Handhold
INrtlALS: I d ':CA. I IIX1I lian4 "(ow!)1 Holdar, Towol bar, Tolll)(: PIiIPor HoldBt, and HOOk
Guest Closet One
INITIALS: L... __ -I' ICl Sbtnl;fard Lamlnata RXad Shull and Rod
INJTIAUt 1 &"'c..... I [EJJ PIePe:G Inittal Ham If you DO NOT want th9 closet PrQvrdod to b6 Installed
GORst Closet Two
INITIALS, I :: I [j] Gt.nda,d Laml._to PI"". ShOW .nd Rod
INITIJ\UI: I & """,-I rn PI .... lnld.1 H .... lfy DO NOTwantthe Buost (;I"".t proVldad to bol_llS<!
Master CIDset:
INITIALS,
,-----,10
Calirornla Closet Shelf and R.od system In ivory
tJ=!JeasB NQta that Ihle Cfo!>et System Clan amv be c!.IBiQmb:ed after
INI'flAts; [it e=:.-I I!JJ PlaaGa 'nfUat HoNt tfYOlJ DO NOT want the II/InswrCloset to bGln$loUed
ATTACHMeNt
W Austin R6&tdahcaa
UnU Sp.clflcaU,n, Mdondum
(3D) - Unit #2902, R<>\' K1.1hloy
II. FINISH AND OPTIONS
Wogd EtoDrlng
INmAt.e:

INIlIAlS,
INmALS;
INiTIALS:
PIa-saG Sil/tlet (1) One atthB fOlloWing Wood Choices. This Selection WIll be forthe
WODd r.:loorlng found In the entry, Powdlitr Balh. kllchen, Ltvlfl9 ROOM, DinIng, and Hallways.
Englnaere(f HprdwQOd
WOOd Flooring
1 Selactlon: 7"Wlde:. Amer1ean alack Walnut Spec1$$, wtth Malte Oiled
2 Selecllon: 7" Wide Arnij"ooan SlaCIt Walrtl.lf. Species wllh Matte varnished Ftlifah
S SeJeCllon: 7
1
Wide WenfJe Specles with Mfltte bllad Finish
4 Seleolirm: 7' WJda. We-ntl8 Spacles WIth MEttle VarnIshed Anlsh
IS aelectlon: Wide, White 081t specletE with Matte Oiled Flnfet!
INmAUl: I d. f'-" I iQSJJ Wood Flooring DI.cl.>l",.,
carpmlng
INITIALS;

INilJAlS:
stone Selections
INI11ALS:
INITlAt.e;
INITIAlS:
INI11AlS:
INITIALS:
INITIALS,
6uyer Undt;t3tMda Bnd agrees that mt.'lterfal6 used In cofll;itruCtion and ccmpllillJon may vary l.iomewbat
from MY samplas provided, and Ihal stJcIl variations are !1'I00l'er1t ill rmlural wtIgtf products ami ahaKnot
ba grnunds for any mftJsfll by Buyer 10' socapt tha Unit In Its SClllS' aB.wllt col'lfigl.lr!llfon.
Buyer lmtien;itands Ihe characterh.tic& and of oiled' fil1ilJhed hardWOOds and matte
ht.'lrdwaOdS, InclUding the provisIons fJf Sactkm 19.37 Qf the Resld'enltfll Oecfaralkm, and hes
made theirselecllon l>CIBed on the Information provided.
Please Select (1) Dna of the foftowlng Carpellng Cholcru:. Thll! Sefectlon wllf be rorthe
CarpeUog found In thl!1 Guest Bedrooms, Guelit Closels, MeSler Bedroom and Master Closet.
Calpst SefeeiJl)M;.
1 Selee1ion: 510, PUlly
2 SeJec:tIorc 189, Bam
3 Seledlon; iSO, Mushroom
Stona SelEillfticms .. Floo,TUII. and Walt rlla
Plemle Srdect {1} One of the 1olioWina Stone FIniShes, Selection WiU bs IlSIitlt for All S1::.b and TIle Material
(QrWalls and Floors Where Sp&cffted In the L.aundry Room, Powder Bath. Vanity, AJI Guest Baths and !hit Mastor eath
Stono Sgwctlons
1 SalecHan: Carram Marble HanGd
2 Selection: Carralli Mamie. Pottslll;1d
3 Seteclloll: Azul UmBSlone. Honed
4 Setec'llJn; Blaok Granlle, Honed
5 $elsl". ,.,.n: Black Granlls, Polished
Tile and! SI"b D'ttJafmar
euyar ut\deretamls and agraeil that malena's U8ed In conattuct[on end completion may vary someVrHiQf:
frotn any swnplea provIded, that such Variallens are tMerent In natural attlne prOOlmtG shall .
not be gror.mdll fQr eny refUsal byBuyerto I'lCMPllhe Unlt In b at:tua/ as.bulll t;ttnfigurattO'n.
Buyer he$: read about ("9 snd fnharent qtJSUtles stooa thr:t
proVIsl'OI'lE ttfSectlon 19.39 of the Resldentf<!1 De-dlilfellon, hall made tQ9lr selection hwmd on Iha
rnfromatJon promdeO.
"I, AUPIQ YISW'L.
Audio Viljl.ual Packaqa
INmAl.$,

INmAUl:
INmALS:
INIlIA!.6:
INITIALS:
INITIALS:
INfT1ALS:
INITIALS:
INIllALS:
INmilLS.
INfT1ALS:
!3:HE
II1PLIi]]
[tte..... I lEI
IA& I [8JJ
IA...- IIrID

1m!
I IrE!
I rn
fIImALS. I 'ZQ":;; I I:ElI
AITACHMljNT
W Atlstlh Residences
Unit Speciflca{ioru.Mcfendum
(30)- 1IlI902, Roy Klelhloy
a 20n6s or Audio Prewtrlng only In thl) pohowlna Rooms:
1, Living Room
2. Mesler
3, Mealer Salhroom
2 Zone!j: ofVldiJO Prewtrlna Only In the rQllowJne
1. Uvlng R.oom
2. Mealer Bedroom
5.1 Surround Sound Pr$wTrfng Only In thPJ LivIng
KOrM Run Localton Sn tho Llvthg Room at TV looatloo, PmwlrJng Only
ttl-waU IPod Dock Prewlrfng Onlv at InMWall LCb cOl1ttbnqr l.Qcatlon
Prow/rln" for Intolll.o.1 HVJ\C Conll.,
lighting Oontrol t'r&'Wlrfng Only for futLuB l..!ghUnQ Conto.
low Voftaglt Shatf9 Prewfrlng for Future Motor1zed Shadue
AlVIX 4.3" tn-Wall LeO GQntrQller
Remota Access to Support HVAC, Ughtlng Control Future low-Wtage
SI1BCf/;lt. Also. will havs $ Web Inler('aea Compatlbl0 fur LleeWlth IPhotltl
AudIo ViGual PElc::flgfJ OJ&:cTafmor.
urness Buyar declines, Buyer WIll (her paCkage ilbove sa part of their ccmtmc;l wilh
the Seller and will be Inl'ilaJfed plior to erasing on the UnIt by the Buyer. Alr;iatteratlol'lf;l to
the above AQdfD VJsual J:lackagB must be tJordlmilled by Ill" BrJyer dlmcUy Witll SerJJoo
Tech, will , b. IflCludlld wllhin !he lInl.hed uott ami will no' b. pM ollbo .ontt." wfln
the: Sellar. All addltJr::mal aqulpment fnslde wa.lfs Qfcellings must be loslaUed
after CloSing on the lJnit.
ATTACHMENT!
GREEN BUILDING AGREEMENT
Bt,QCK21
EllYE\! GREEN BUll ,DING AGREEMENT
Perlailling to LEED .lId Austin E,w'gV Gre"" Bul/dillg Requirem,nts mmn/ as 0/ Mnrch 2010
Seller is pursuing certification under the LeED for New Construction v2,2 Green Building Rating System
of the U.s, Green Building Council, In .dclilion, SeUer is located in the Austin Central llusiness District
and as such is required per City of Austin Land Devel,opment Code to achieve a minimum of a One Slar
Austin Energy Green Building ("AileD") Commercial Rallng. To contribute to the Building's
qualification for LEED and AEGB certification. Buyer is required to design and construct interior spaces
in conformance with the standards outlined belQw, Addilional information shoul the progl1lms may be
found on the USGBC website (http://www.usgbc.orgl)and Austin Energy's webeite:

8ach capitalized term in this Exhibit will have the appropriate meaning for such tenY! as set forth in the
Contract, in AEGB, in the regulations applicable to LEED for New Construction V2.2 Green Building
Rating System ofthe U, S. Green Building Council, or Mdefined in this Attachment.
Building Systems CommiSsiOning
The building systems at the Building will be fully compliant with LEED EApl Fundamental
Commissioning, BAtS Bnhanced Commissioning, and AEGB Basic Requirement 1 Building Systems
Commissioning independe"l of Buyer's llnprovement8, including commissioning of the HVAC System,
Plumbing, Fire Protection. COmmunication, Electrical System, Vertical 'rrBJ1sportation. and Waste
Disposal Systems as detailed in the Block 21 Commissioning Plan, Appendix F. Buyer may not include a
commissioned system in Buyel" s Improvements except in compliance with the requirements below,
My commissioned systems inclUded as part Buyet.lmprovements will be required to comply with the
provisiOns of tEED EApl Fundamental Commi's(QI1iI'Ig and Mea Enhanced CommiSSioning according
to the LEEDv2.2 Reierence Guide, as well a. AllGB Basic Requirement I .s found in the current edit:ion of
the AU$nn Energy Grem Building Commel'cia' Guidebook_
Ilnetgy Code
Buyer's Improvements must comply with A) tl,. mandatory provisions (Sections 5.4, 6.4, 7,4, 8.4, 9.4, and
10.4) of ASHRAE/lESNA St.ndard 90,1-2004 (without amendments); and )I) the prescriptive
requirements (Sections 5.S, 6.5, 7.5 and 9.5) or performance requirements (Section 11) of ASfiRAlY!ESNA
Slandard 90,1-2004 (withoul amendments),
The Uml must achieve a reduced lighUng energy use to level that is 15% beyond the requirements of the
City 01 Austin Energy Code. Percentage increas .. can be proven through COMcheck or tlrrough design
843279,2/SP 11010611
408486-4 061291201 J
and supporting calculations demonstrating that the space lighting adhoIes to a 15% or greoter reduction
from th.lighting power allowance (watts/sl].ftj withIn til. current pennitted code.
Indoor Water u Red,"tion
St>yer must instllll efficient plumhing fixlures whose flush and flow rates do not exceed the fOllowing to
fulfill the ASCI! 15% reduction requirement and achieve an addltlonal15% reduction to achieve I..E"D
WEc3.2;
Sample Low-Flow/Flush Fixture Type.

,'"
Max. Water
Use
High-efficiency toilet 1.3 gpl
Dual flush toilet
1.6/.8 gpf
Lavoto!)' Faucet O.5gpm
Shower Fixtute!Head 1.5 gpm
Urinal Flush Valve 0.5 gpl
Kitchen/hteak room faucet 1.5gpm
gpl = gallons per flush; !\pm = gallons per monute
Low VOC Interior Paints and Coatings
AEG8 reqUires that aU paints and primers and antf-conosive coatings applied on-slle to the
interior must not exceed the VOC lindt of Green Seal Bnvlronmental Standard GS-ll as shown below.
All coatings applied on-site to the projecrs Interior must not exceed the current VOC limit 01 SCAQMP
Rulenl3.
Topcoat Paints, Primers, and Anti-Corrosive Coatings:
Paint TWe VOC Limit (gIL)'
Non-llat Topco.t 100
Flat Topcoat 50
Primer 100
Anti-Corrosive Coating 250
The calculation of VOC shall exclude water and colorant. added at the
Coalill3 TYl1e fif nol I!s!!ld, refer 1'1 Rule 1113]
VOC Limit (gILl<
Floor Coating 100
408486-4 C6iZ9120J I
Wood linish(varnish/sanding sealersflacquer Z75
Mastic coating 300
Non-llat coatings/high gloss 50
Primers, sealers 100
Shellac clear 730
Shellac pigmented 550
Interior staim; 100
Waterproof sealers 100
if' roc limit ;s /g$S '{uoter and less exempt compounds, expressed in grams per liter
CcmsUu(lion Waste Management
Buyer r n u s ~ in accordance with this section, (i) divert construction and demolition debris from disposal
in landfills and incinerators, (il) redirect oecydable reeovered resources back to the manufacturing
process, and (iii) redirect xeuSilbJe materials to appropriate sites,
Buyer must recycle or salvage at least 50% by weight of the non.hazardous oonstruction and demolition
waste from the c<;>Ilstruction of Buyer's Improvements in accordance with items (i). (Ii) and (iii) in the
inunediately preceding paragraph. Buyer must develop and implement a written construction wast.
management plan that, at minimum, identifies the materials to be diverted from disposal and whether
the materials wlli be sotled on-site or comingled. Calculations may be performed by weight or volume,
but must be consistent throughout.
ConstructiDn Indoor Air QuaUly (During Construction)
Buyer must develop and implement" written Indoor Air Qualily Management Plan for the construction
and pre-occupancy phases of the Unit as (ollows:
During construction, Buyer must meet or e.ceed the five recommended Control Measures of !be
Sheet Metal and Air Conditioning Contractors Nationa) Assodation (SMACNA) IAQ Guidelines
for Occupied BUildings Under Construction, 1995, Chapter 3 as outlined below.
Buyer must protect stored on-silo or instaned absorptive materials from moisture damage.
If air handlers are used during construction, filtration media wit a MERV of 8 shall be used at
each return air grille, as detennined by ASHRAE 52.2-1999, and replaced immediately prior to
occupancy of the Premises,
SMACNA lAQ Guidelines:
408486406/2912011
l. HVAC Protection, shut down th_ return side of d\e HVAC system whenever possible during
heavy construction Or demolition. If the ventilation system wi!! be operated during construction,
it should be fitted with temporary filters that can be repl.ced with dean media (MEI(V 8) just
pdor to occupancy.
2. Source Contro): Specify finish materials (e.g., pl!tints, carpet, wood, adhesives, and
sealants) .that ore non-toxic and low or nOIl.omitting.
3. Pathway Interruption: During construction, iSQlate work areas to prevent contamination of clean
or occupied spaces.
4. Housekeeping: Establish cleaning pwtocols that concentrate on HVAC and building spoces to
remove contamillants from the Unit prior to occupancy. BlIilcling materials should be ptotected
from weather und stored in a clean area prior to unpacking for installation. All coils, .ir filters,
and lans should be cleaned before petforming testing and baiancing procedures and especialiy
before condudin& baseline air quality tests.
5. Scheduling: Specify construction sequencing to reduce absorption of VOCS by porous materi.ls.
Complete application. of wet and odorous materials such as paints, sealants, and co.tings before
installing absorbent /I sink't materials such as ceiling tiles, carpets, insulation, gypsum produc:ts,
and f.bric-covered furnishings.
Lighting ContrQllabllity
Buyer must provlde individual lighting controls for 90% of full time equivalent occupants to enable
adjustments to suit individual task needs and p",fo",nces AND provide lighting system controUability
for all shared rnuiti.occupant spaces to enable lighting adjustment that meets group needs and
preferences.
Fundamental n..frigerant Management
Buyel' must a.SSUre and confirm zero use of CFC .. bas@d.l'efrigerants jn any new refrigeration equipment
containing 0.5 lb. or more of reldgerant.
Thermal Comfort CoolraUabiIily
Buyer's Improvements will oot indude Illerm.1 comfort control system design except in accordance with
this section. Any li1ermal comfort oontrol system design to be included in Buyer's lmprovements will be
required to comply with Ihe provisions of tEED EQc7.2 'Il\errnal Comfort ControUabilily according to the
LEEDv2.2 Reference Guide.
MintmlllillAQ Penorman<e .
Any ventilation system design to be included in Buyer's Improvements must comply with this section.
Any IAQ systems inducled as pari of Buyer's lmprovements will be required to comply with the
provisions of LEED EQpl Minimum IAQ rerformance according to the LEEDV2.2 Reference Guide.
Certification Consultant
408486-4 06129!.!011
Seller will establish a certification consultant to assure Buyer's compliance with this Green Building
Agreement (referred 10 ~ the "Cerliflo.lion Consultanr'). In accordallce with the Contract, Buy.rmust
submit Buyer's Plans and Specifications to the Certification Consultant for review and comment prior to
commencement of construction. Upon completion of construction, Buyer must submit application and
supporting documentation to the Certlfication Consultant evidencing Buyer's full compliance with this
Green Building Agreement. Buyer will promptly respond to the Certification Consultanllo supplement
its application and supporting documentation to addre.s any deficienCies noted by the Certification
Consullant.
4084864 06129120 J J
AlTACHMENT3
SUPPLEMENTAL CONDlTJONS
Definitionij
$(:01"0 of Work SoW Buyer'. Work.
Prime General Contractor roc = Austin BUilding Company
Secondary Gme,.l Contractor = SGC = Ceneral Contractor performing the build-out of the Unit.
Secondary S1.Ibcont,actor = SS = those subcontractors performing work for- the SGC
Developer - qTlF U Stratus lllock Zl LLC
I. sac will provide ali, labor, materials, equipment, tools, supervision and all other
components necessary to complete the SOW per plans and specifications approved by
Developer. SGC and SS must use all means and .!forts necessary to perform this scope of
work in harmony with the PGC.
2. SGC and SS will comply with all work, site coordination and safety rules established by PGC.
All work, site )ordination and safety rules will be strictly enforced; including the use of hard
sole Shoes, hard hats and safety glasses. All workers must attend the I'GC's safety
orientation session pr'ror to commenting work on site and attend mandatory weekly job wide
safety meetings.
3. Follow ail of the requirements of the LEEO Reference Guide and a. noted in the approved
plans and specificaUons specifically Including. but not limited to, project submittals and
sorting of construction waste materials.
4. SGC and 58 will replace l'roject barricadeS, erosion controls and protective systems, if these
items are removed to perform SoW.
5. Pre-bid and pre-construction conference will be scheduled and held as required by the
approved plans and specifications and/or as scheduled by Developer.
6. All submittals, mockups, samples, and extra stock material as required by the approved
plans and specifications will be provided to Developer.
7. SGC and S8 will provide a two (2) week look ahead schedule to assist PCC with the
coordination of all other trades and contractors. Two-week look ahead will consist of areas of
work, manpower and trades.
8. Drinking water for the sec and SS will be provi<led by SGC. Daily cleanup as follows: sac
and SS will broom clean the SoW area daily, and remove trash and debris to the project
dumpster. sec will coordinate use of the project dumpster with PGC and will share in the
cast of the project dumpster by agreement with PGc.

408486-4 1l6I291201 I
9. sec an" sS will comply with, will anticipate and wlll indud. the C(let of compliance with all
applicable codeS and other directive. by authoritiee having jurisdiction over Ihe SOW.
10. There i.limited available space Oil the construction site. All deliveries will be scheduled and
coordinated with the PGC superintendent. All parties will notify PGC superintendent 48
hours prior to i:.1IlY deliveries.
408486-40612912011