HomeMy WebLinkAboutMisc. 10/18/2007 10:45 FAX 9797318352 BCAC-ABSTRACT DEPT.
14003/005
Brazos County Abstract Company
"More than 130 years of Title Service"
EFFECTIVE DATE: October 11,2007 at 8:00 a.m.
OF NO. 143480
PROPERTY DESCRIPTION:
Being all that certain lot, tract or parcel of land lying and being situated in
Brazos County, Texas and being Lot Two (2), Block One (1), WHEFT.FR
SUBDIVISION, PHASE TWO, an addition to the City of College Station,
Texas, according to plat recorded in Volume 3490, page 269, Official
Records of Brazos County,Texas.
TITLE APPEARS TO BE VESTED IN:
MAE DEAN WHEELER, SUCCESSOR TRUSTEE
by dated, recorded in Records of Brazos County,Texas.
SUBJECT TO:
1. LIENS: Construction Deed of Trust,Security Agreement, Assignment of Leases and
Rents and Fixture Filing dated March 30, 2007, executed by Kyle Legends
I, LP to Doug Sweet, Trustee for the benefit of Hystar, L.L.C., in the
principal amount of $6,700,000.00, recorded in Volume 7896, page 257,
Official Records of Brazos County,Texas. (Easement Estate)
Assignment of Rents and Leases from Kyle Legends I, LP and Hystar,
L.L.C., dated March 30, 2007, recorded in Volume 7897, page 1, Official
Records of Brazos County, Texas. (Easement Estate)
Financing Statement for fixtures - Kyle Legends I, LP to Hystar, L.L.C.,
filed April 4, 2007, recorded in Volume 7897, page 13, Official Records of
Brazos County,Texas- (Easement Estate)
2. ABSTRACT OF JUDGMENT/FEDERAL AND/OR STATE LIENS:
NONE OF RECORD.
10/18/2007 10:45 FAX 9797318352 ECAC-ABSTRACT DEPT.
4004/005
Brazos County Abstract Company
"More than 130 Years of Title Service"
g EASEMENTS: Easements and building lines as shown of record on plat of Wheeler
Subdivision, Phase Two, recorded in Volume 3490, page 269, Official
Records of Brazos County,Texas.
Easement from Ed Putz, et ux to the City of Bryan, dated April 23, 1927,
recorded in Volume 98, page 220, Deed Records of Brazos County, Texas.
(blanket)
Terms, conditions and stipulations contained therein in "Private Roadway
Easement" dated November 16, 1998, executed by Mae Dean Wheeler,
Trustee, to LTHV #1, L.P., a Texas Limited Partnership, recorded in
Volume 3314,page 145,Official Records of Brazos County,Texas.
30' easement to Lone Star Gas Company contained in Partial Release of
Easements recorded in Volume 61, page 655, Deed Records of Brazos
County, Texas; subject to terms, conditions and stipulations contained in
Encroachment on Easement by and between Atmos Energy Corporation and
Mae Dean Wheeler, Successor Trustee, recorded in Volume 7808, page
107,Official Records of Brazos County,Texas.
Utility Easement from Frauline Sims to City of College Station, dated June
15, 1978, recorded in Volume 399, page 590, Deed Records of Brazos
County,Texas.
Utility Easement from F. W. Bert Wheeler, Trustee to City of College
Station, Texas, dated April 3, 1995, recorded in Volume 2333, page 250,
Official Records of Brazos County,Texas.
4. OUTSTANDING MINERALS AND/OR ROYALTIES:
NONE OF RECORD.
5. OIL 8c GAS LEASES:
Estate created by Oil and Gas Lease from F. W. Bert Wheeler, Trustee to
Inco Oil Corp., dated April 20, 1992, recorded in Volume 1495, page 73,
Official Records of Brazos County, Texas. Title to this lease has not been
traced subsequent to the date of the above-cited instrument.
10/18/2007 10:45 FAX 9797318352 BCAC-ABSTRACT DEPT. 14J005/005
Brazos County Abstract Company
"More than 130 Years of Title Service"
6. RESTRICTIONS: Restrictive covenants recorded in Volume 8030, page 44, Official Records
of Brazos County,Texas.
7. TAXES: NONE REQUESTED
8. MISCELLANEOUS: Terms, conditions and stipulations contained in Declaration of Easements,
Covenants and Restrictions dated June 8, 2007, executed by Mae Dean
Wheeler, Trustee, recorded in Volume 8030, page 44, Official Records of
Brazos County, Texas.
Terms, conditions and stipulations contained in Memorandum of Lease by
and between Mae Dean Wheeler, Trustee and GMRI Texas, L.P., dated
June 8, 2007, recorded in Volume 8030, page 37, Official Records of
Brazos County,Texas.
THIS TITLE REPORT IS ISSUED WITH THE EXPRESS UNDERSTANDING,EVIDENCED BY
THE ACCEPTANCE OF SAME THAT THE UNDERSIGNED, BRAZOS COUNTY ABSTRACT
COMPANY DOES NOT UNDERTAKE HEREIN TO GIVE OR EXPRESS ANY OPINION AS
TO THE VALIDITY OF THE TITLE TO THE PROPERTY ABOVE DESCRIBED,NOR AS TO
THE VALIDITY OF ANY OF THE INSTRUMENTS REPORTED HEREIN, INCLUDING THE
PURPORTED DEED(S) ESTABLISHING THE RECORD OWNER(S) CITED ABOVE, BUT IS
SIMPLY REPORTING BRIEFLY HEREIN AS TO THE INSTRUMENTS FOUND OF RECORD
PERTAINING TO SAID PROPERTY, AND IT IS EXPRESSLY UNDERSTOOD AND AGREED
THAT THIS TITLE REPORT IS NEITHER A GUARANTY NOR WARRANTY OF THE TITLE.
BY ACCEPTANCE OF THIS TITLE REPORT IT IS UNDERSTOOD THAT THE LIABILITY
OF THE ISSUER HEREOF IS EXPRESSLY LIMITED TO THE ACTUAL MONETARY
CONSIDERATION PAID FOR SAID REPORT BY M.D. WHEELER, LTD..THIS SEARCH HAS
BEEN LIMITED TO THE ABOVE MATTERS AND THE ABOVE TIME PERIOD; AND WE
HAVE NOT SEARCHED FOR, NOR HAVE REFLECTED HEREIN, ANY EXAMINATION AS
TO TAX SUITS, SPECIAL ASSESSMENTS, CONFLICTS OR OTHER INSTRUMENTS
WHICH MAY AFFECT TITLE TO THE SUBJECT PROPERTY- IF TITLE INSURANCE
COVERAGE, WHICH IS NOT PROVIDED BY THIS REPORT, IS NEEDED, SAID
COVERAGE IS AVAILABLE THROUGH THE APPLICABLE PROMULGATED
POLICY(IES),AND AT A SPECIFIED RATE PREMIUM.
BRAZOS COUNTY ABSTRACT COMPANY
BY: di J40/flipLISA KEMP
Brazos County Abstract Company
"More than 125 Years of Title Service"
P.O. Box 4704 Phone: (979)731-1900 3800 Cross Park Drive
Bryan,TX 77805-4704 Facsimile: (979)731-8352 Bryan,TX 77802
E-mail: bcac@bcactg.com
BCAC GF NO. 143480
Title Report Prepared January 24, 2006
for
M. D. WHEELER, LTD.
Attention: RON COWE
1919 Whitney, Suite 100
Houston, Texas 77006
Brazos County Abstract Company
"More than 125 Years of Title Service"
EFFECTIVE DATE: January 17, 2006 at 8:00 a.m.
GF NO. 143480
PROPERTY DESCRIPTION:
Being all that certain lot, tract or parcel of land lying and being situated in
Brazos County, Texas and being Lot Two (2), Block One (1), WHEELER
SUBDIVISION, PHASE TWO, an addition to the City of College Station,
Texas, according to plat recorded in Volume 3490, page 269, Official
Records of Brazos County,Texas.
TITLE APPEARS TO BE VESTED IN:
MAE DEAN WHEELER, SUCCESSOR TRUSTEE
SUBJECT TO:
1. LIENS:
NONE OF RECORD.
2. ABSTRACT OF JUDGMENT/FEDERAL AND/OR STATE LIENS:
NONE OR RECORD.
3. EASEMENTS: Easements and building lines as shown of record on pe 269, Official
t of Wheeler
Subdivision, Phase Two, recorded in Volume 3490, page
Records of Brazos County,Texas.
Easement from Ed Putz, et ux to the City of Bryan, dated April 23, 1927,
recorded in Volume 98, page 220, Deed Records of Brazos County, Texas.
(blanket)
Terms, conditions and stipulations contained therein in "Private Roadway
Easement" dated November 16, 1998, executed by Mae Dean Wheeler,
Trustee, to LTHV #1, L.P., a Texas Limited Partnership, recorded in
Volume 3314,page 145, Official Records of Brazos County,Texas.
Brazos 'County Abstract Company
"More than 125 Years of Title Service"
4. OUTSTANDING MINERALS AND/OR ROYALTIES:
NONE OF RECORD.
5. OIL& GAS LEASES:
Estate created by Oil and Gas Lease from F. W. Bert Wheeler, Trustee to
Inco Oil Corp., dated April 20, 1992, recorded in Volume 1495, page 73,
Official Records of Brazos County, Texas. Title to this lease has not been
traced subsequent to the date of the above-cited instrument.
6. RESTRICTIONS: NONE OF RECORD.
7. TAXES: NONE REQUESTED
THIS TITLE REPORT IS ISSUED WITH THE EXPRESS UNDERSTANDING,EVIDENCED BY
THE ACCEPTANCE OF SAME THAT THE UNDERSIGNED, BRAZOS COUNTY ABSTRACT
COMPANY DOES NOT UNDERTAKE HEREIN TO GIVE OR EXPRESS ANY OPINION AS
TO THE VALIDITY OF THE TITLE TO THE PROPERTY ABOVE DESCRIBED, NOR AS TO
THE VALIDITY OF ANY OF THE INSTRUMENTS REPORTED HEREIN, INCLUDING THE
PURPORTED DEED(S) ESTABLISHING THE RECORD OWNERS) CITED ABOVE, BUT IS
SIMPLY REPORTING BRIEFLY HEREIN AS TO THE INSTRUMENTS FOUND OF RECORD
PERTAINING TO SAID PROPERTY, AND IT IS EXPRESSLY UNDERSTOOD AND AGREED
THAT THIS TITLE REPORT IS NEITHER A GUARANTY NOR WARRANTY OF THE TITLE.
BY ACCEPTANCE OF THIS TITLE REPORT IT IS UNDERSTOOD THAT THE LIABILITY
OF THE ISSUER HEREOF IS EXPRESSLY LIMITED TO THE ACTUAL MONETARY
CONSIDERATION PAID FOR SAID REPORT BY M.D. WHEELER, LTD.. THIS SEARCH HAS
BEEN LIMITED TO THE ABOVE MATTERS AND THE ABOVE TIME PERIOD; AND WE
HAVE NOT SEARCHED FOR, NOR HAVE REFLECTED HEREIN, ANY EXAMINATION AS
TO TAX SUITS, SPECIAL ASSESSMENTS, CONFLICTS OR OTHER INSTRUMENTS
WHICH MAY AFFECT TITLE TO THE SUBJECT PROPERTY. IF TITLE INSURANCE
COVERAGE, WHICH IS NOT PROVIDED BY THIS REPORT, IS NEEDED, SAID
COVERAGE IS AVAILABLE THROUGH THE APPLICABLE PROMULGATED
POLICY(IES),AND AT A SPECIFIED RATE PREMIUM.
BRAZOS COUNTY ABSTRACT COMPANY
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