COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NO. 02-10-00289-CV Wells Fargo Bank, N.A. f/k/a Wells § From the 17th District Court Fargo Bank Minnesota, N.A., as Trustee for The Registered Holders § of J.P. Morgan Chase Commercial of Tarrant County (17-224126-07) Mortgage Securities Corp., § Commercial Mortgages Pass- Through Certificates, Series 2003- § PMI, acting by and through ORIX August 8, 2013 Capital Markets, LLC § v. § Opinion by Justice Meier MBS - The Hills, Ltd., 3101 W. § Normandale, L.L.C., Michael B.

Smuck, and Edwin A. White § Dissent by Justice Gabriel JUDGMENT ON EN BANC CONSIDERATION After considering Appellant Wells Fargo Bank, N.A. f/k/a Wells Fargo Bank Minnesota, N.A., as Trustee for The Registered Holders of J.P. Morgan Chase Commercial Mortgage Securities Corp., Commercial Mortgages Pass-Through Certificates, Series 2003-PMI, acting by and through ORIX Capital Markets, LLC’s motion for en banc consideration of our opinion issued December 8, 2011, we deny the motion, but we withdraw our opinion and judgment dated December 8, 2011, and substitute the following.

This court has again considered the record on appeal in this case and holds that there was no error in the trial court’s judgment. It is ordered that the judgment of the trial court is affirmed.

It is further ordered that Appellant shall pay all costs of this appeal, for which let execution issue.

SECOND DISTRICT COURT OF APPEALS By _________________________________ Justice Bill Meier