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UniversityTitle Company
P.O Drawer DT
College Station,Texas 77841 121
GF# ALS 4
WARRANTY DEED WITH VENDOR'S LIEN
Date: June lc( , 2001 9
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Grantor: TODD CARNES D/B/A T. C. CUSTOM HOMES and BILLY A. PEARCY
Grantee: HAUSMAN INTERESTS TOWNHOMES, LTD.
Grantee's Mailing Address:1328 S. Loop West, Suite 100, Houston, TX 77054-4008
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Consideration: 4
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TEN DOLLARS ($10.00) and other valuable consideration including a promissory note of
even date that is in the principal amount of EIGHT HUNDRED TWENTY-FOUR
THOUSAND NINE HUNDRED SIX AND NO/100 DOLLARS ($824,906.00), executed
by Grantee and payable to the order of UNION PLANTERS BANK, N.A. ("Lender").
The Note is secured by a vendor's lien retained in favor of Lender in this Deed and by a
Deed of Trust of even date from Grantee to FRANK E. MEIGS, III, Trustee.
Property (including any improvements):
All that certain tract or parcel of land lying and being situated in the Maria Kegans League,
Abstract No. 28, College Station, Brazos County, Texas, and being more particularly
described by metes and bounds in the attached Exhibit "A".
Reservations from and Exceptions to Conveyance and Warranty:
Easements, rights-of-way, and prescriptive rights, whether of record or not; all presently
recorded restrictions, reservations, covenants, conditions, oil and gas leases, mineral
severances, and other instruments, other than liens and conveyances, that affect the
Property; rights of adjoining owners in any walls and fences situated on a common
boundary; any discrepancies, conflicts, or shortages in area or boundary lines; any
encroachments or overlapping of improvements; taxes for the current year, the payment of
which Grantee assumes; and subsequent assessments for the current and prior years due to
change in land usage, ownership, or both, the payment of which Grantee assumes.
Grantor, for the Consideration and subject to the Reservations from and Exceptions to
Conveyance and Warranty, grants, sells, and conveys to Grantee the Property, together with all
and singular the rights and appurtenances thereto in any wise belonging, to have and hold it to
Grantee, Grantee's heirs, executors, administrators, successors, and assigns forever. Grantor
binds Grantor and Grantor's heirs, executors, administrators, successors and assigns to warrant
and forever defend all and singular the Property to Grantee and Grantee's heirs, executors,
administrators, successors, and assigns against every person whomsoever lawfully claiming or to
claim the same or any part thereof, except as to the Reservations from and Exceptions to
Conveyance and Warranty.
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The vendor's lien against and superior title to the Property are retained until each note 1
described above is fully paid according to its terms, at which time this Deed shall become
absolute. Lender, at Grantee's request, has paid in cash to Grantor that portion of the purchase
price of the Property that is evidenced by the note referenced above. The vendor's lien against 4
and superior title to the Property are retained for the benefit of Lender and are transferred and
assigned to Lender without recourse on Grantor.
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When the context requires, singular nouns and pronouns include the plural. Reference to 0
any gender shall include either gender and, in the case of a legal entity that is not a natural person, f
shall include the neuter gender, all as the case may be.
\ j.
TODD CARNES D/B/A T. C. CUSTOM HOMES
&,I• 1 N Ruu, \., A-- ---
BILL A. PEARCY, by and through his Agent
and Attorney-in-Fact, TODD CARNES
STATE OF TEXAS §
COUNTY OF /7I ZO) §
This instrument was acknowledged before me on Qt4c . l9 ,2001,by
TODD CARNES D/B/A T. C. CUSTOM HOMES.
'<,, KARY C. MERSMANN
gfiC tory Public,"�01 State of Texas _ i` -11
.,il ' E" Notary Pub c,' State of Texas
0 MAY 18,2005
STATE OF TEXAS §
COUNTY OF et 4.20 §
This instrument was acknowledged before me on9LM- 1( ,2001,by
BILLY A. PEARCY, by and through his Agent and Attorney-in-Fact, TODD CARNES.
:�,, ._ KARY C. MERSMANN
A,,4.MA rate xf Texas -
/'
` ' . MAY 18,2005 I No :ry ' `she, State of Texas
- 2 —
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CERTIFICATE OF CORPORATE RESOLUTIONS
(MAXI,INC.)
I, the undersigned, hereby certify that I am the Secretary of MAXI, INC., a corporation duly
organized and existing under the laws of the State of Texas (the "Corporation") and I am authorized to
execute and deliver this certificate,and do certify as follows.
1. Resolutions. The resolutions set forth on Exhibit "A" attached hereto and incorporated
herein by reference thereto as if fully recited herein have been duly adopted by the unanimous written
consent of the Board of Directors of the Corporation,and none of such resolutions have been amended or
revoked,and all of such resolutions are now in full force and effect.
2. Authority. I further certify that these Resolutions are within the power of the Board of
Directors to pass as provided in the Charter and Bylaws of the Corporation.
3. Incumbency. I further certify that the officers of the Corporation hereunder set forth have
been duly elected,and as of the date hereof hold the offices specified with the Corporation.
President Carey P. Hausman
Secretary Helen R.Michaelov,
IN WITNESS WHEREOF,I hereunto subscribe my name the -1)h^U day of A- ,
2006.
i
1e
Helen R. Michael, Secretary
STATE OF TEXAS §
COUNTY OF HARRIS §
This instrument was acknowledged before me on the 3 day of .46-us r , 2006, by
Helen R. Michael, Sfw�1 TAXI,INC., a Texas corporation, on behalf of such corporation.
[SEAL]
1,1t OF(�Py Notary Public in and for The State of Texas
,��••. PIRES.• \\\�
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HAUSMAN INTERESTS TOWNHOMES, LTD. /C)�
1328 SOUTH LOOP WEST,Sit;. 100 4
HOUSTON TX 77054
(713) 799-9450 FAx(713) 799-9452
hausmaninterests@sbcglobal.net
August 3, 2006
VIA UPS 1ZF677522210001218
City of College Station
Attn: Carol Cotter—Planning and Development
1101 Texas Avenue
College Station TX 77840
Re: Application for The Abandonment of a Public Right-of-Way/Easement
To complete the application process,we are enclosing the following additionally requested
documentation:
Copy of Deed recorded in the records of Brazos County, Texas;
Certificate of Corporate Resolutions (regarding signature authority)
I am also sending the actual Unanimous Written Consent Action containing the resolutions that
were certified, inasmuch as the request was for a"Corporate Resolution". (If the Consent is not
actually needed in your files, could it be returned so that I may place it in Maxi, Inc.'s corporate
minutes book?)
As to the Exhibit 5 from the owners of the adjacent property in Harvey Hillsides, I have not
received it as of this writing. Although the form was mailed to the owners on July 14, 2006,they
were in New York at that time and only returned to College Station on August 2nd and spoke
with me today on the telephone that they were reviewing the information. I am hopeful that it
can be e-mailed on Friday,August 4, 2006 prior to noon,with the original to follow immediately
by mail (as approved by Ms. Cotter).
Very truly yours,
HAUSMAN INTERESTS TOWNHOMES, LTD.
By Maxi, Inc., General Partner
Helen R. Michael
Corporate Secretary
/hrm
Enclosures
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EXHIBIT "A"
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Metes and bounds description of all that certain tract or parcel of land lying and being situated 9
in the Maria Kegans League, Abstract No. 28, College Station, Brazos County, Texas. Said 4
tract being a portion of Block 4, Harvey Hillsides, according to an unsigned master plat of
Harvey Hillsides recorded in Volume 264, Page 484 of the Deed Records of Brazos County,
Texas, and being the same tract of land called 6.63 acres as described by a deed to the
Estates of W. M. Sparks recorded in Volume 376, Page 244 of the Deed Records of Brazos
County, Texas.
1
Said tract being more particularly described by metes and bounds as follows: 4
BEGINNING at a 1/2 inch iron rod found on the southeast line of State Highway No. 30 3
marking the west corner of said 6.63 acre tract, said iron rod found being on the northeast
right-of-way line of Linda Lane (50' R. O. W.);
THENCE: N 45° 03' 43" E along the southeast line of State Highway No. 30 for a distance of
568.29 feet to a 1/2 inch iron rod found marking the north corner of said 6.63 acre tract and
the west corner of a called 3.18 acre tract described as first tract, Exhibit "A", by a partition
deed to Gardner Parker recorded in Volume 1245, Page 758 of the Official Public Records of
Brazos County, Texas, (this line was used for bearing orientation honoring the deed call
bearing of said 6.63 acre tract);
THENCE: S 44° 56' 17" E along the common line of said 6.63 acre tract and said 3.18 acre
tract, at 478.96 feet pass a 5/8 inch iron rod set for reference, continue on for a total distance
of 498.96 feet to a point in a creek, said point being on the northwest line of Lot 16, Block 2,
Harvey Hillsides, according to the plat of Block 2 recorded in Volume 263, Page 487 of the
Deed Records of Brazos County, Texas;
THENCE: S 43° 13' 00" W along the common line of said 6.63 acre tract and Block 2 for a
distance of 568.60 feet to a point on the northeast line of Linda Lane marking the common
corner of said 6.63 acre tract and Lot 18, Block 2;
THENCE:N 44° 56' 09" W along the northeast line of Linda Lane, at 20.00 feet pass a 5/8
inch iron rod set for reference, continue on for a total distance of 517.27 feet to the POINT OF
BEGINNING containing 6.63 acres of land as surveyed on the ground August, 2000. For more
descriptive information see plat prepared August, 2000. 54 �a §
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(Resolutions adopted by Sole Director of Maxi, Inc. as at July 31, 2006)
EXHIBIT "A"
"RESOLVED, that Carey P. Hausman, President of the Company, as the general
partner of Hausman Interests Townhomes,Ltd. (the Partnership),be,and is hereby,authorized and
directed to do any and all things deemed necessary or advisable for the benefit of the Company and
the Partnership and in the best interests of the Company and the Partnership,in connection with the
execution of Application for the Abandonment of a Public Right-of-Way/Easement within the
Heritage Townhomes Subdivision in College Station, Texas, as set forth on Exhibit A attached
hereto and incorporated herein by reference;
"FURTHER RESOLVED,that the President of the Company,as the general partner
of Hausman Interests Townhomes,Ltd., is hereby authorized to (a) sign, execute, certify to,verify
and acknowledge, deliver, accept, file and record any and all instruments and documents, and (b)
take,or cause to be taken,any and all such action,in the name and on behalf of the Company,as,in
such officer's judgment, is necessary, desirable or appropriate in order to consummate the
transactions contemplated by or otherwise to effect the purposes of the foregoing resolutions.
"FURTHER RESOLVED, that all actions heretofore taken by the directors or the
officers of this Company and all things done by their authority with respect to the abandonment of
the Public Right-of-Way/Easement referenced in the foregoing resolutions, be, and the same are,
hereby ratified and approved."
UNANIMOUS WRITTEN CONSENT ACTION IN LIEU OF
SPECIAL MEETING OF THE BOARD OF DIRECTORS
OF
MAXI, INC.
Pursuant to the provisions of Article 9.10B of the Texas Business Corporation Act, as
amended, the undersigned, being the sole Director of Maxi, Inc. (the "Company"), adopts the
resolutions hereinbelow set forth,by execution of this Consent. Such Consent shall have the same
force and effect as a vote by the undersigned at a properly called special meeting of the Board of
Directors of the Corporation.
RESOLVED, that Carey P. Hausman, President of the Company, as the general
partner of Hausman Interests Townhomes,Ltd. (the Partnership),be,and is hereby,authorized and
directed to do any and all things deemed necessary or advisable for the benefit of the Company and
the Partnership and in the best interests of the Company and the Partnership,in connection with the
execution of Application for the Abandonment of a Public Right-of-Way/Easement within the
Heritage Townhomes Subdivision in College Station, Texas, as set forth on Exhibit A attached
hereto and incorporated herein by reference;
FURTHER RESOLVED,that the President of the Company,as the general partner of
Hausman Interests Townhomes,Ltd.,is hereby authorized to(a)sign,execute,certify to,verify and
acknowledge,deliver,accept,file and record any and all instruments and documents,and(b)take,or
cause to be taken, any and all such action, in the name and on behalf of the Company, as, in such
officer's judgment, is necessary, desirable or appropriate in order to consummate the transactions
contemplated by or otherwise to effect the purposes of the foregoing resolutions.
FURTHER RESOLVED, that all actions heretofore taken by the directors or the
officers of this Company and all things done by their authority with respect to the abandonment of
the Public Right-of-Way/Easement referenced in the foregoing resolutions, be, and the same are,
hereby ratified and approved;
Dated as of July 31, 2006.
MAXI, INC. SOLE DIRECTOR
17--e-ejaw—ie
Carey P. Hausm,