FIRST AMENDMENT TO GROUND LEASE AGREEMENT between BRAZOS RIVER LEASING L.P. and DIAMOND SHAMROCK REFINING AND MARKETING COMPANY Dated as of June 1, 1994 This First Amendment to Ground Lease Agreement has been manually executed in 12 counterparts, numbered consecutively from 1 through 12, of which this is No. 4. To the extent, if any, that this First Amendment to Ground Lease Agreement constitutes chattel paper (as such term is defined in the Uniform Commercial Code as in effect in any jurisdiction), no security interest in this First Amendment to Ground Lease Agreement may be created or perfected through the transfer or possession of any counterpart other than the original counterpart which shall be the counterpart identified as counterpart No. 1. FIRST AMENDMENT TO GROUND LEASE AGREEMENT This First Amendment to Ground Lease Agreement is made and entered into as of June 1, 1994, by and between BRAZOS RIVER LEASING L.P. ("Brazos") and DIAMOND SHAMROCK REFINING AND MARKETING COMPANY ("Diamond Shamrock R & M"). W I T N E S S E T H: WHEREAS, Brazos and Diamond Shamrock R & M have heretofore entered into a Ground Lease Agreement, dated as of October 30, 1992 (the "Ground Lease Agreement"); and WHEREAS, Brazos and Diamond Shamrock R & M desire to amend the Ground Lease Agreement to extend the lease term and to otherwise set forth their mutual agreement; and WHEREAS, Brazos and Diamond Shamrock R & M agree that the provisions of this amendment shall apply, to the extent provided by law, to each Property leased by Brazos under the Ground Lease Agreement. NOW, THEREFORE, in consideration of the mutual covenants herein contained and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Brazos and Diamond Shamrock R & M agree that the Ground Lease Agreement is hereby amended as follows: 1. Section 5.01 of the Ground Lease Agreement is hereby amended by deleting the reference to "April 30, 1997" and inserting in lieu thereof "April 30, 1999". 2. Section 5.02 of the Ground Lease Agreement is hereby amended by deleting the reference to "April 30, 2007" and inserting in lieu thereof "April 30, 2009". 3. Section 3.02 of the Ground Lease Agreement is hereby amended to add in the first sentence of paragraph (a) of such Section 3.02 immediately after the words "if the terms of (b)" the additional reference to "or (c)" and to add to such Section 3.02, a paragraph (c) which shall read as follows: "(c) Upon the release or disposition of a Property or any portion thereof and the application of proceeds therefrom in accordance with Section 9.1(a)(viii) of the Credit Agreement, Brazos and Diamond Shamrock R & M shall execute a Revised Property Leasing Record to reflect the change in Acquisition Cost for such Property caused by such release or disposition." 4. Brazos and Diamond Shamrock R & M agree that this First Amendment to Ground Lease Agreement shall not be effective until the approvals required by Section 9.01 of the Credit Agreement have been obtained as evidenced by the execution of the Third Amendment and Modification Agreement by the necessary parties under the Credit Agreement. 5. Defined terms used in this First Amendment to Ground Lease Agreement and not otherwise defined herein have the meanings ascribed to those terms in the Ground Lease Agreement. IN WITNESS WHEREOF, Brazos and Diamond Shamrock R & M have caused this First Amendment to Ground Lease Agreement to be executed and delivered by their duly authorized officers as of the day and year first above written. BRAZOS RIVER LEASING L.P. By: Headwater Investments L.P., its General Partner By: Headwater Holdings Inc., its General Partner By: /S/ GREGORY C. GREENE President DIAMOND SHAMROCK REFINING AND MARKETING COMPANY By: /S/ R.C. BECKER Vice President and Treasurer