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HomeMy WebLinkAboutNothing Further Certificate GF Number: 00083836 Effective Date: September 2,2008 Examiner: LBJ NOTHING FURTHER CERTIFICATE STATE OF TEXAS COUNTY OF BRAZOS THIS IS TO CERTIFY: That we have examined the records of the County Clerk of Brazos County,Texas as they are reflected in the geographically indexed title plant of University Title Company as to the following property,to- wit: Lots Six R(6R)and Seven R(7R), Block Two(2),Replat of Lot 7,Block One and all of Block Two, Rock Prairie West Business Park Phase 1, City of College Station, according to plat thereof recorded in Volume 6121,Page 222 of the Official Records of Brazos County,Texas. and that our records reflect that the following is a true and correct list of documents affecting title to the real property described supra between the dates of December 1, 1978 and September 2,2008: Warranty Deed with Vendor's Lien: Grantor: Charles W. Gandy Grantee: Joseph A. Mikeska,Jr.and Dorothy T. Mikeska Dated: December 15, 1978 Recorded: Volume 414, Page 203, Deed Records,Brazos County,Texas. Deed of Trust to secure a Note: Grantor: Joseph A. Mikeska,Jr. and Dorothy T. Mikeska Trustee: Charles W. Gandy Beneficiary: Charles W. Gandy Amount: $60,500.00 Dated: December 15, 1978 Recorded: Volume 249, Page 892, Deed Records,Brazos County,Texas. Release: From: Charles W. Gandy To: Joseph A. Mikeska,Jr. and Dorothy T. Mikeska Dated: April 28, 1999 Recorded: Volume 3480, Page 25, Official Records,Brazos County,Texas. Deed of Trust to secure a Note: Grantor: Joseph A. Mikeska,Jr. and Dorothy T. Mikeska Trustee: Elinor L.Tribon Beneficiary: Elinor L.Tribon Amount: $25,000.00 Dated: December 29, 1978 Recorded: Volume 250, Page 471, Deed Records,Brazos County,Texas. Oil and Gas Lease, and all terms, conditions and stipulations therein: Lessor: Joseph A. Mikeska,Jr.,et ux Lessee: SS&H Oil Company Dated: February 7, 1984 Recorded: Volume 648, Page 624, Official Records, Brazos County,Texas. Title to said interest has not been investigated subsequent to the date of the aforesaid instrument. Release: Dated: September 27, 1985 Recorded: Volume 829, Page 839, Official Records, Brazos County, Texas. Easement: From: Joseph Mikeska,et ux To: City of Bryan Dated: October 31, 1985 Recorded: Volume 857, Page 202, Official Records,Brazos County,Texas. 61./5_�� �, 3 G Oil and Gas Lease, and all terms,conditions and stipulations therein: Lessor: Joseph A. Mikeska,Jr.,et ux Lessee: Keith D.Graham Dated: August 27, 1991 Recorded: Volume 1469,Page 294,Official Records,Brazos County,Texas. Title to said interest has not been investigated subsequent to the date of the aforesaid instrument. Oil and Gas Lease,and all terms,conditions and stipulations therein: Lessor: Joseph A. Mikeska,Jr.,et ux Lessee: Showdown Energy Corp. Dated: November 18, 1993 Recorded: Volume 2004,Page 282, Official Records,Brazos County,Texas. Title to said interest has not been investigated subsequent to the date of the aforesaid instrument. Easement: From: Joseph Mikeska and Dorothy Mikeska To: City of Bryan Dated: October 31,1985 Recorded: Volume 857,Page 202, Official Records,Brazos County,Texas. Plat: From: Joseph Mikeska and Dorothy Mikeska To: The Public Dated: June 10,2004 Recorded: Volume 6121,Page 222, Official Records,Brazos County,Texas. Terms, Conditions,and Stipulations in the Agreement by and between: Parties: Joseph A. Mikeska,et ux and City of College Station Dated: October 24,2007 Recorded: Volume 8395, Page 73,Official Records, Brazos County,Texas. Deed of Trust to secure a Note: Grantor: Joseph A. Mikeska,Jr. and Dorothy T. Mikeska Trustee: Steven D. Harper Beneficiary: Brazos Valley Bank,N.A. Amount: $860,481.80 Dated: March 17,2008 Recorded: Volume 8496, Page 38,Official Records, Brazos County,Texas. Said Note being additionally secured by Assignment of Rents and Leases: Dated: March 17,2008 Recorded: Volume 8496, Page 52, Official Records,Brazos County,Texas. This certificate is issued with the express understanding, evidenced by the acceptance of same that the undersigned does not undertake to give or express any opinion as to the validity of the title to the property above,but is simply reporting briefly herein as to the instruments listed above found of record pertaining to said property, and it is expressly understood and agreed that this Certificate is neither a guaranty nor warranty of the title. By acceptance of this Certificate it is understood that the liability of the issuer hereof is expressly limited to the actual monetary consideration paid for same. We have not made any examination as to property taxes,tax suits, special assessments or conflicts. University Title Company C.) • -Uakt B (rdf) i -r� N 0 I CPrepared by the State Bar of Texas for use by Lawyers only. To select the proper form, fill in blank spaces, strike out form provisions or insert special terms constitutes the practice of law. No "standard form" can meet all requirements. WARRANTY DEED WITH VENDOR'S LIEN THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF BRAZOS That CHARLES W. GANDY and wife, GLADYS MILDRED GANDY, herein referred to as "Grantor" of the County of Brazos and State of Texas for and in consideration of the sum of TEN AND NO/100ths ($10. 00) DOLLARS and other valuable consideration to the undersigned paid by the grantee herein named, the receipt of which is hereby acknowledged, and the further consideration of the sum of $60 , 500 . 00 , as is evidenced by the execution and delivery ,by grantee of one certain promissory note in said sum of $60, 500. 00 of even date herewith and bearing interest from date until maturity at the rate specified therein, payable to the order of Charles W. Gandy and wife, Gladys Mildred Gandy in quarter- annual installments of $1, 637. 13 each, the first of which installment shall be due and payable on the 15th day of March, 1979 , and the others regularly and quarter-annually thereafter, on the 15th day of March, June, September and December of each calendar year until the entire principal sum, together with all interest therein is paid in full; said note pro- viding for interest at the rate of 10% per annum on all past due principal and interest, for acceleration of maturity, and containing the usual 10% attorney' s fees clause. 155454 DECj 3 1974 ®JAY! impr ;ir the payment of which note is secured by the vendor's lien herein retained, and is additionally secured by a deed of trust of even date herewith to Ken.t A. Caperton Trustee, have GRANTED, SOLD AND CONVEYED, and by these presents do GRANT, SELL AND CONVEY unto JOSEPH A. MIKESKA/and DOROTHY T. MIKESKA herein referred to as "Grantee" of the County of Brazos and State of Texas , all of the following described real property in Brazos County, Texas, to-wit: All that 32. 81 acre tract more or less lying and being situated in the CRAWFORD BURNET LEAGUE, Abstract No. 7 , Brazos County, Texas, and being a portion of those tracts conveyed to W. E. Gandy by J. M. Atkins et ux, in Deed dated January 2 , 1915 , and recorded in Volume 44, Page 89 , Deed Records of Brazos County, Texas, and being more particularly described N.,-Ltd as follows: � �� -2°. • l BEGINNING at the point of intersection of the southwest right-of-way line of old' Highway 6 with the )st northerly right-of-wa1 Ane of Graham Road; THENCE along the north right-of-way line of Graham Road for the following ''' • calls: S 44° 42 ' 00" W for a distance of 1092 . 88 feet to an iron rod for G`r ! angle point; (./ S 44° 44 ' 00" W for a distance of 610. 12 feet to an iron rod for $1 the point of BEGINNING: THENCE continuing S 41° 44' 00" W along the north right-of-way line of l,;.a Graham Road for a distance of 519 . 76 feet to an iron rod for angle point; sop THENCE S 46° 06 ' 00" W for a distance of 724. 74 feet to an iron rod for ::;* corner; -, THENCE N 45° 38 ' 00" for a distance of 1138. 37 feet to an iron rod for f) corner, said corner also lying in the south right-of-way line of Gandy ' Road; THENCE N 44° 22 ' 00" E along the south right-of-way line of Gandy Road for a distance of 1243. 61 feet to an iron rod for corner, marking the westerly corner of a 2 . 48 acre tract; THENCE S 45° 38' 00" E for a distance of 1136 . 18 feet along the south- westerly lines of said 2 . 48 acre tract and that certain 4. 00 acre tract described in Deed recorded in Volume 408, Page 711, Deed Records of Brazos County, Texas, to the PLACE OF BEGINNING, and containing 32 . 81 acres of land, more or less. THIS CONVEYANCE IS MADE SUBJECT TO THE FOLLOWING: (1) Pipe Line Right-of-Way under and across the herein described property granted by W. E. Gandy et ux to Sinclair Refining Company in instrument dated March 24 , 1947 , recorded in Volume 132 , Page 110, Deed Records of *** Brazos County, Texas. TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging unto the said grantee , heirs and assigns forever; and do hereby bind heirs, executors and administrators to WARRANT AND FOREVER DEFEND all and singular the said premises unto the said grantee , heirs and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. But it is expressly agreed that the VENDOR'S LIEN, as well as the Superior Title in and to the above described premises, is retained against the above described property, premises and improvements until the above described note and all interest thereon are fully paid according to the face, tenor, effect and reading thereof, when this Deed shall become absolute. *** (2) Sixteen (16 ' ) foot utility easement, pipeline easement and right- of-way for Gandy Road as shown on plat recorded in Volume 352 , Page 555 , Deed Records of Brazos County, Texas. (3) Right-of-Way and Easement of twenty (20) feet in width upon, along, across, over and under the herein described property with the right to construct, relocate and reconstruct a line or lines for the transmission or distribution of electric energy and also telephone and telegraph lines granted to the City of Bryan, Texas, by instrument dated April 7 , 1937, recorded in Volume 98 , Page 95, Deed Records of Brazos County, Texas. (4) SAVE AND EXCEPT, and there is hereby reserved unto Grantors, their heirs and assigns, an undivided 'one-half (.1/2) of all of the oil, gas and other minerals in and under and that may be produced from the above des- cribed property, together with the right of ingress and egress at all times for the purpose of mining, drilling, exploring, operating and developing said lands for oil, gas and other minerals and removing the same therefrom. EXECUTED this 15th day of December } tr. l9 , 8 C,/ / 4,Z /V, 74--(-4 Charles W. Gandy :=�Glady�Mildred. Gandy c +v • (Acknowledgment) THE STATE OF TEXAS COUNTY OF Brazos } Before me,the undersigned authority,on this day personally appeared Charles W. Gandy and wife, Gladys Mildred Gandy known to me to be r.=: y:X��i whose nameS are subscribed to the foregoing instrument, and acknowledged to me that t he cutgd.LIIQ or the purposes and consideration therein expressed. nay 'i fice on this the 15th clay,7 , A. D. 19 78. Given u der han rid se of � December • / / ' r Notary Public in and for Brazos County,Texas. •3C G'••....••• S. ' (Acknowledgment) THE STATE OF TEXAS COUNTY OF Before me, the undersigned authority,on this day personally appeared known to me to be the person whose name subscribed to the foregoing instrument,and acknowledged to me that he executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office on this the day of ,A. D. 19 Notary Public in and for County,Texas. (Acknowledgment) THE STATE OF TEXAS COUNTY OF Before me,the undersigned authority,on this day personally appeared known to me to be the person whose name subscribed to the foregoing instrument,and acknowledged to me that he executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office on this the day of , A. D. 19 Notary Public in and for County,Texas. (Corporate acknowledgment) THE STATE OF TEXAS COUNTY OF • • Before me, the undersigned authority, on this day personally appeared of a corporation , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacity therein stated and as the act and deed of said corporation. Given under my hand and seal of office on this the day of , A. D. 19 Notary Public in and for County,Texas.