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Grandy's-CS011114IA HAND DELIVERY Viki Liv- -y, Esq. 5115 McKi Avenue, Suite E Dallas, Texas .5 -334 Dear Ms. Livesay: Please be advised of the following: G:\B1D54S1\Uvesay 01.wpd SEWELL ANDERSON A LIMITED LIABILITY PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS ATTORNEYS COUNSELORS PARK CENTRAL Ili SUITE 1919 1 2700 PARK CENTRAL DRIVE DALLAS, Texas 75251 (972) 739 1 919 FAX: (972) 387-1770 OFAZAKERLY @SEWELLANDERSON.COM GEORGE W. FAZAKERLY ATTORNEY AT LAW November 14, 2001 This firm has been retained to consult with and advise William Boorhem, Trustee in connection with your letter of October 18, 2001, addressed to KAKI Enterprise, Inc. "KAKI and Hudson Engineering Company, in which you state that you represent "Univest Enterprises, Inc., Trustee for Employees Money Purchase Plan and in which you reference "Firelane and Utility Easement on the North Side of the KAKI Enterprise, Inc. Site on Denton Tap Road, Coppell, TX" (hereinafter, the "Letter"). Our client was provided with a copy of the Letter, even though you did not deem it either necessary or courteous to provide him with a copy, despite the fact that your client is well aware that Mr. Boorhem currently owns the property proposed to be sold to KAKI. The correct name of the easement which you reference in your letter, as clearly indicated on the plat which your client submitted to the Coppell Planning and Zoning Commission, as well as on Exhibit "A" to the Access 5aeement. Agreeement, hereinafter referred to, is "ACCESS, FIRELANE AND UTILITY EASEMENT Your client (through your client's affiliate, Yorkshire West Capital, Inc.) and my client entered into an Access Easement Agreement, dated effective as of March 28, 2000 (a copy of which is enclosed herewith), which provides, inter alia, as follows: 1. "Boorhem has Granted, Sold, and Conveyed... unto Yorkshire a non- exclusive easement in, over, under and across the Easement Area... (emphasis added) 2. "Purpose. The purpose of the Easement... is to create non exclusive access for pedestrian and vehicular traffic in. on. over. and across the Easement Area to and from Lot 1 and Tract 2 to and from Denton Tap Road. The owners from time to time of all or portions of Lot 1 and Tract 2 Viki Livesay, Esq. November 14, 2001 Page 2 and such owners, tenants, employees, contractors, officers, directors, representatives, customers and other invitees of owners' tenants... shall have the right to use the Easement Area for such purposes... (emphasis added) 3. "The terms, provisions, conditions, covenants and agreements affecting Tract 2 contained in this Agreement are covenants running with the land and shall bind... Yorkshire and its respective successors or assigns... (emphasis added) The term "Easement Area" is defined as the "Tract 2 Hatched Easement Area in Exhibit We have, therefore, advised our client that the Letter constitutes a blatant attempt at tortious interference with the contractual relationships existing among our client and the addresses of the Letter. It has been reported to my client by Mr. Harry King, a principal of KAKI, that you affirmatively represented to him that my client signed a document voiding the Access Easement Agreement. My client has no recollection of signing any such document. If, in fact, you are in possession of any such document, I respectfully request that you immediately provide me with a copy of same. In the event that no such document exists, I will strongly recommend to my client that further action be taken with respect to this matter. We hereby, on behalf of our client, demand that you immediately inform your client that any further attempt by him (or by you on his behalf) to impede or otherwise interfere in any manner with the pending sale of the property owned by Mr. Boorhem will leave us no choice other than to proceed with formal action to protect his rights and to hold you and your client responsible for any and all damages which may occur as a result of such actions, including, but not limited to, lost profits, court costs, and attorneys' fees. Please immediately cease and desist all further action which may affect in any manner the pending sale of our client's property. GWF:tlk enclosure V cc: KAKI Enterprise, Inc. Attention: Mr. Harry King (w /encl.), via facsimile and hand delivery Hudson Engineering Company (w /encl.), via facsimile William Boorhem (w /encl.), via facsimile G:1B1054111Livesay 01.wpd Yours very truly, SEWELL DERSON, L.L. By: