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Home My WebLink AboutWarranty Deed C — _ 08/16/07 10:1 FAX LAWYERS TITLE 0 002 BILL&RETURN TO: LAWYERS Trr►� Doc Gk vol Fa coGO 0 96943g OR 8102 212-co � SPECIAL�Y RANI DEED 110.0314-C(D ) �S" �s e5 COMPANY ��,3pn� � gpt0 THE STATE OF TEXAS Houston,1X COUNTY OF BRAZOS Grantor: Lone Star-College Station Golf Academy, LTD,a Texas limited partnership Grantor's Address: 8 GreenwayTePlaza, s 7 046te 702 HoustoGrantee: John S.Beeson,Trustee Grantee's Address: 55WauHouston,gh Texas DDri 77019 Consideration: Ten and No/100 Dollars($10.00)and other good and valJ bit cash tcd deo the receipt of which is hereby acknowledged by Gr ,tf a Pan the further Notr consideration of the execution and delivery by Grantee("Note") of even date herewith payable to International Batik of Commerce, ("ceder") in the original principal amount of 51,142,262,00, which Note is secured by the vendor's lien herein reserved and is additionally secured by a Deed of Trust ("Deed of Trust") of even date herewith, executed by Grantee to Jay Rogers,Trustee. PrLot 2B,Horse Haven Estates, an addition in the City of College Station, Brazos0 '' to the Vacating Plat of the Correction Plat for Horse County, Texas, according Haven Estates and Final Plat for Horse Haven Estates,recorded in Volume 7779, Page 133 of the Official Records of Brazos County, Texas. THAT Grantor,for the Consideration,the receipt and suff ciency of which are hereby aeI nowledAgeedd, N has GRANTED,BARGAINED,SOLD and CONVEYED and by these presents does GRANT, ow SELL and CONVEY unto Grantee,the Property. This Special Warranty Deed and the conveyance hereinabove set forth is executed by Grantor and accepted by Grantee subject to the following matters,but only to the extent the ameeiiare a g no 5 rrehereafter applicable to the Property(the"Fermi d 1~t tiot�");(i) all validly existing and (ii) anyand all easements, ordinances and notices of municipal and/or governmental authorities, if any; encumbrances,restrictions and other matters shown tof he recoProprd in Brazos County,Texas.and(iii)all matters which would be reflected on an accurate ty. TO HAVE AND TO HOLD the Property,together with till and singular the righ's and appurtenances thereunto in anywise belonging,unto Grantee and Grantee's successors and assigns forever,and Grantor does hereby bind itself and its successors to WARRANT AND FOREVER DEFEND all and singular the title to the Property unto Grantee and Grantee's successors and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof,by,through and under Grantor,but riot otherwise,subject only to the Permitted Exceptions. 08/16/07 10: 13 FAX LAWYERS TITLE 003 Doi_ Bk Vol Pe 009&943E L'P a1t12 213 Grantor conveys the Property"AS IS,"with any and all latent and patent defects. Grantor makes no representation or warranty as to the condition or value of the Property,whether the Property is fit for any particular purpose or is free from any wetlands,any hazardous substances or any"release"as such term is defined in or otherwise used in connection with environmental laws or regulations. egulati ns LTHE THERE ON THE EXPRESS OR IMPLIED WARRANTIES WHATSOEVER(IN IMPLIED WARRANTIES OF HABITABILITY, MERCHANTABILITY, AND FITNESS FOR ANY E CONSTRUED USE OA PURPOSE),SPECIAL WARRANTY OFED THAT THE FOREGOING CONTAINED HEREIN WITH CONSTRUED TO NEGATE THE RESPECT TO THE PROPERTY. All ad valorem taxes and assessments for the Property for the year in which this Deed is executed (other than rollback taxes)have been prorated by the parties hereto as of the effective date of this Dead,and Grantee and Grantee's successors and assigns,hereby expressly assume liability for the payment thereof and for subsequent years. If such proration was based upon an estimate of such taxes and as:>essments for such year,then upon demand the parties hereto shall promptly and equitably adjust all such taxes and assessments as soon as actual figures for the Property for such year are available. If the sale or use o:f the Property after the date hereof results in additional taxes or assessments for periods before the date hereof,the taxes and assessments will be the obligation of Grantee and Grantee's successors and assigns. By its acceptance of this Special Warranty Deed,Grantee assumes the payment end performance of any obligations of Grantor or the owner of the Property which are set forth or otherwise described in the Permitted Exceptions, including,without limitation, the obligations described in(i)that certain Easement Agreement Concerning Joint Access Drive and Pylon Sign effective as of January 19,2007 by and between Lone Star—College Station Golf Academy,Ltd.,a Texas limited partnership and KTJ Limited Partnership One Hundred Sixty-Three, a.Minnesota limited partnership, recorded in the Official Records of Brazos County,Texas at Volume 7783,Book 70 on January 22,2007 and(ii)that certain Agreement Concerning Use Restrictions effective as of January 19,2007 by and between Lone Star—College Station Golf Academe, Ltd.,t ., a Texas limited partnership and KTJ Limited Partnership One Hundred Sixty-Three, partnership,recorded in the Official Records of Brazos County,Texas at Volume 7783,Book 9 on January 22, 2007. Grantor hereby expressly reserves and retains for,and assigns to Lender and Lender's successors and assigis, recourse or warranty to or w Grantor,the vendor's lien,as ell as the superior title,in and to the Property convoeyed herein to Grantee to secure(i)the payment oftheNote,and(ii)the peffomiance eod payment by Grant of all covenants,conditions,obligations and liabilities under the Deed of Trust Upon the full and complete payment of the Note and satisfaction and pe fonnswce of all covenants,conditions,obligations and liabilities under ti Deed ofTrust, then this conveyance shall become absolute and the velar's lien and supexiar title herein reserved shall be automativ ily released and discharged 08/16/07 10:13 FAX LAWYERS TITLEIf21 004 Doc Ek Vt+l p v04613438 OR 8102 214 EXECUTED effective the 1,3 day of July,2007. GRANTOR:- LONE STAR-COLLEGE STATION GOLF ACADEMY,LTD., a Texas limited partnership By: LSG Enterprises,L.L.C., a Texas limited liability company, its general partner By: /.341------- - Hunter Nelson,President THE STATE OF TEXAS ' COUNTY OF HARRIS The foregoing instrument was acknowledged before me this / day of July, 2007, by Hunter Nelson,the President of LSG Enterprises,L_L.C., the general partner of Lone Star-College Station Golf Academy,Ltd.,a Texas limited partnership,by and on behalf of both entities- GG '�� Notary Public in or the State of Tex r-,,,124 ypMIER1Y ANN W01NIAX il AA 06,2000 -4!); - NOUAry Pubic.Stets of Tomas ia My ColtINIOktel EsObeo n After Recording Return To: a ^ �- F.,a'�. cmc 'A ,, v - .-.. — .c IV A .T c=r T CO m w 'J' l C.14 ll7 T ^ 2 O. aivN o r, o s2 ..- P p aa. C T - e-?-,' D N 1a PN N E N