SECOND AMENDMENT TO THE MASTER NONQUALIFIED PLAN TRUST AGREEMENT
SECOND
AMENDMENT TO THE
THIS
SECOND AMENDMENT (this “Second Amendment”) to the Master Nonqualified Plan Trust
Agreement (the “Trust Agreement”) by and between Xxxxxxxxxx Realty Investors, a
real estate investment trust organized under the laws of the State of Texas (the
“Company”) and Reliance Trust Company, a trust company organized under the laws
of the State of Georgia (the “Trustee”) is hereby adopted, effective as stated
herein.
W I T N E S S E T H:
WHEREAS,
the Company and the Trustee entered into the Trust Agreement on August 1, 2006;
and
WHEREAS,
Section 13(a) of the Trust Agreement provides for the amendment of the Trust
Agreement by written instrument executed by the Company and the Trustee;
and
WHEREAS,
the Company has notified the Trustee of the Company’s removal of the Trustee
under the Trust Agreement with respect to the Xxxxxxxxxx Realty Investors
Deferred Compensation Plan, effective as of the close of business August 31,
2009; and
WHEREAS,
it is the intention of the Company that the Trustee continue to serve as Trustee
under the Trust Agreement with respect to the Xxxxxxxxxx Realty Investors
Supplemental Executive Retirement Plan and the Xxxxxxxxxx Realty Investors
Retirement Benefit Restoration Plan; and
WHEREAS,
the Company and the Trustee now desire to amend the Trust Agreement to reflect
such change;
NOW,
THEREFORE, Exhibit A to the Trust Agreement is hereby amended, effective as of
the close of business August 31, 2009, to be and read as follows:
“EXHIBIT A
PARTICIPATING
PLANS
Xxxxxxxxxx
Realty Investors Supplemental Executive Retirement Plan
Xxxxxxxxxx
Realty Investors Retirement Benefit Restoration Plan”
Except as
specifically amended hereby, the Trust Agreement shall remain in full force and
effect as prior to this Second Amendment.
IN
WITNESS WHEREOF, the Company and the Trustee have caused this Second Amendment
to be duly executed as of the 4th day
of August, 2009.
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XXXXXXXXXX
REALTY INVESTORS
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By:
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/s/ Xxxxxxx X. Xxxxxxx | |
| Xxxxxxx X. Xxxxxxx | |||
| Its: | Executive Vice Pres., Chief Financial Officer | ||
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RELIANCE
TRUST COMPANY
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By:
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/s/ Xxxxxxxx X. Xxxxxxxx | |
| Xxxxxxxx X. Xxxxxxxx | |||
| Its: | Trust Officer | ||
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