HomeMy WebLinkAboutTitle InsuranceOWNER'S POLICY OF TITLE INSURANCE
I Issued by Lawyers Title Insurance Corporation
POLICY NUMBER
ULandAmerica Lawyers Title Insurance Corporation is a member of the g o b— 0 0 0 6
Lawyers Title LandAmerica family of title insurance underwriters.
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND
STIPULATIONS, Lawyers Title Insurance Corporation, a Virginia corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against
loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of:
1. Title to the estate or interest described in Schedule A being vested other than as stated therein;
2. Any defect in or lien or encumbrance on the title;
3. Any statutory or constitutional mechanic's, contractor's, or materialman's lien for labor or material having its inception on or before Date of Policy;
4. Lack of a right of access to and from the land;
5. Lack of good and indefeasible title.
The Company also will pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions
and Stipulations.
IN WITNESS WHEREOF, LAWYERS TITLE INSURANCE CORPORATION has caused its corporate name and seal to be hereunto affixed by
its duly authorized officers, the Policy to become valid when countersigned by an authorized officer or agent of the Company.
Attest:
Secretary
LAWYERS TITLE INSURANCE CORPORATION
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EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses
which arise by reason of:
1 . (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating,
prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected
on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental
protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a
notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or
encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any
taking that has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the
Company by the insured claimant prior to the date the insur6d claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy;
(e) resulting in loss or damage that would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy.
4. The refusal of any person to purchase, lease or lend money on the estate or interest covered hereby in the land described in Schedule A because of
unmarketability of the title.
5. Any claim which arises out of the transaction vesting in the person named in paragraph 3 of Schedule A the estate or interest insured by this policy, by reason of
the operation of federal bankruptcy, state insolvency, or other state or federal creditors' rights laws that is based on either (i) the transaction creating the estate
or interest Insured by this Policy being deemed a fraudulent conveyance or fraudulent transfer or a voidable distribution or voidable dividend, (ii) the
subordination or recharacterization of the estate or interest insured by this Policy as a result of the application of the doctrine of equitable subordination or.(iii)
the transaction creating the estate or interest insured by this Policy being deemed a preferential transfer except where the preferential transfer results from the
failure of the Company or its issuing agent to timely file for record the instrument of transfer to the insured after delivery or the failure of such recordation to
impart notice to a purchaser for value or a judgment or lien creditor.
Texas Owner Policy T-1 (Rev. 04/04/02)
Cover Page
Form 1178-21A
ORIGINAL
Valid only if Schedules A and B are attached
OWNER POLICY OF TITLE INSURANCE
SCHEDULE A
G.F. No. 2810001779
Policy No. B06-0092863 Issued with Policy No. G82-0309085
Amount of Insurance: $3,446,000.00
Premium: $11,699.85
Date of Policy: October 27, 2005
Name of Insured: THE PLAZAS AT ROCK PRAIRIE RD., LTD., A TEXAS LIMITED
PARTNERSHIP
2. The estate or interest in the land that is covered by this policy is:
FEE SIMPLE.
Title to the estate or interest in the land is insured as vested in:
THE PLAZAS AT ROCK PRAIRIE RD., LTD., A TEXAS LIMITED PARTNERSHIP
4. The land referred to in this policy is described as follows:
TRACT ONE:
ALL THAT CERTAIN TRACT OR PARCEL OF LAND CONTAIN9ING 1.79 ACRES (77,972
SQUARE FEET) SITUATED IN THE THOMAS CRUTHERS SURVEY, ABSTRACT NO. 9 AND
THE ROBERT STEVENSOPN SURVEY, ABSTRACT NO. 54, COLLEGE STATION, BRAZOS
COUNTY, TEXAS, AND BEING ALL OF A CALLED 1.04 ACRE TRACT DESCRIBED IN DEED
FROM ROCK PRAIRIE BAPTIST CHURCH TO HERMAN KLEEREKOPER, RECORDED IN
VOLUME 4209, PAGE 158 OF THE OFFICIAL RECORDS OF BRAZOS COUNTY, TEXAS,
AND A PART OFA CALLED 2.825 ACRE TRACT DESCRIBED IN DEED TO HERMAN
KLEEREKOPER RECORDED IN VOLUME 357, PAGE 107 OF THE DEED RECORDS OF
BRAZOS COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES
AND BOUNDS AS FOLLOWS;
BEGINNING AT A 518 INCH CAPPED IRON ROD SET AT THE NORTH CORNER OF SAID
1.04 ACRE TRACT, IN THE SOUTHEAST LINE OF LOT 2-A, BLOCK 1 OF THE AMENDING
PLAT OF CORNERSTONE COMMERCIAL SECTION ONE ACCORDING TO THE PLAT
THEREOF RECORDED IN VOLUME 3922 PAGE 282 OFFICIAL RECORDS BRAZOS
COUNTY, TEXAS, AND BEING THE WEST CORNER OF A CALLED 15 ACRE TRACT
DESCRIBED IN DEED TO EDWARD UVACEK, JR., RECORDED IN VOLUME 274 PAGE 383,
DEED RECORDS OF BRAZOS COUNTY, TEXAS, FROM WHICH A 1/2 INCH IRON ROD
BEARS NORTH 44 DEG. 46 MIN. 24 SEC. EAST, 1.18 FEET;
THENCE SOUTH 45 DEGREES 31 MINUTES 20 SECONDS EAST ALONG THE COMMON
LINE OF SAID 1.04 ACRE TRACT AND SAID 15 ACRE TRACT A DISTANCE OF 256.26 FEET
TO A 5/8 INCH CAPPED IRON ROD SET IN THE NORTHERLY RIGHT-OF-WAY LINE OF
ROCK PRAIRIE ROAD (90 FEET WIDE) IN A CURVE, FOR THE SOUTHEAST CORNER OF
SAID 1.04 ACRE TRACT AND THE HEREIN DESCRIBED TRACT, FROM WHICH A FENCE
POST BEARS NORTH 81 DEG. 46 MIN. 49 SEC. WEST, 0.29 FEET;
Lawyers Title Insurance Corporation
Form T-1 OTP (GF #: 2810001779) Page 1 Policy No. B06-0092863
G.F. No. 2810001779
THENCE IN A WESTERLY DIRECTION ALONG THE NORTH RIGHT-OF-WAY LINE OF SAID
ROCK PRAIRIE ROAD, THE SOUTH LINE OF THE HEREIN DESCRIBED TRACT THE
FOLLOWING:
SOUTHWESTERLY ALONG SAID CURVE TO THE LEFT, HAVING A RADIUS OF 1045.00
FEET, A CENTRAL ANGLE OF 13 DEG. 19 MIN. 53 SEC., AN ARC LENGTH OF 243.15 FEET,
HAVING A CHORD BEARING AND DISTANCE OF SOUTH 67 DEG. 15 MIN. 34 SEC. WEST,
242.60 FEET TO A 5/8 INCH CAPPED IRON ROD SET FOR THE END OF SAID CURVE;
SOUTH 60 DEGREES 33 MINUTES 13 SECONDS WEST A DISTANCE OF 259.79 FEET TO A
5/8 INCH CAPPED IRON ROD SET MARKING THE WEST CORNER OF A TRACT
DESCRIBED IN DEED TO CITY OF COLLEGE STATION RECORDED IN VOLUME 4121
PAGE 257 OFFICIAL RECORDS BRAZOS COUNTY, TEXAS, BEING THE EASTERLY
SOUTHWEST CORNER OF THE HEREIN DESCRIBED TRACT;
NORTH 74 DEGREES 26 MINUTES 47 SECONDS WEST A DISTANCE OF 21.22 FEET TO A
5/8 INCH CAPPED IRON ROD SET IN THE EASTERLY RIGHT-OF-WAY LINE OF STATE
HIGHWAY NO. 6, BEING THE WESTERLY SOUTHWEST CORNER OF THE HERIEN
DESCRIBED TRACT;
THENCE NORTH 29 DEGREES 20 MINUTES 49 SECONDS WEST ALONG THE WESTERLY
LINE OF SAID STATE HIGHWAY NO. 6, A DISTANCE OF 77.25 FEET TO A 518 INCH
CAPPED IRON ROD SET MARKING THE SOUTH CORNER OF LOT 2-C, BLOCK 1 OF SAID
AMENDING PLAT OF CORNERSTONE COMMERCIAL SECTION ONE AND THE
NORTHWEST CORNER OF THE HEREIN DESCRIBED TRACT, FROM WHICH A 1/2 INCH
CAPPED IRON ROD BEARS NORTH 44 DEG. 46 MIN. 24 SEC. EAST, 0.62 FEET;
THENCE NORTH 44 DEGREES 46 MINUTES 24 SECONDS EAST ALONG THE COMMON
LINE OF SAID 2.825 ACRE TRACT, SAID 1.04 ACRE TRACT AND SAID LOTS 2-C AND 2-A
AT 236.73 FEET PASS A 1/2 INCH IRON ROD MARKING THE COMMON CORNER OF SAID
LOTS 2-C AND 2-A, CONTINUING IN ALL A TOTAL DISTANCE OF 462.06 FEET TO THE
POINT OF BEGINNING AND CONTAINING 1.79 ACRES (77,972 SQUARE FEET) OF LAND.
TRACT TWO:
Lot Two C (2-C), Block One (1), REPLAT OF CORNERSTONE COMMERCIAL, SECTION
ONE, an addition to the City of College Station, Brazos County, Texas, according to the
Plat recorded in Volume 3922, Page 282, Official Records of Brazos County, Texas.
TRACT THREE:
TOGETHER WITH ALL RIGHT, TITLE AND INTEREST IN AND TO THE FOLLOWING
EASEMENT:
Being all that certain lot, tract or parcel of land being 0.796 of one acre situated in the
ROBERTSON STEVENSON LEAGUE, Abstract No. 54 and the THOMAS CARUTHERS
SURVEY, Abstract No. 9, City of College Station, Brazos County, Texas, and being a part of
that certain Called Lot 2, Block One, of the AMENDING PLAT of CORNERSTONE
COMMERCIAL SECTION ONE, of record in Volume 3283, Page 201, Official Records of
Brazos County, Texas, same being out of a Called 8.244 acre tract as described in deed
from the Federal Deposit Insurance Corporation to C.S.L. of Texas, Inc. of record in
Volume 2011, Page 199, Official Records of Brazos County, Texas, said 0.796 acre tract
being more particularly described by metes and bounds as follows;
COMMENCING at a 1/2" Iron Rod found in concrete for the most easterly corner of a
Lawyers'ritie Insurance Corporation
T-1 OwnerTitlePolicy Page 2 Rev. 11102
G.F. No. 2810001779
certain 4.328 acre tract, same being the most easterly corner of said Lot 2 and Called 8.244
acre tract, said corner being the most southerly corner of Lot 6, Block 13, WOODCREEK
Section 4 of record in Volume 1315, Page 217, and also being located on the northwest line
of the Edward Uvacek, Jr. called 15 acre tract as described in Volume 274, Page 383;
THENCE S 270 03'09" W, along the southeast line of said Lot 2 and Called 8.244 acre tract
a distance of 80.00 feet to a 1/2" Iron Rod found for an exterior corner of said 4.328 acre
tract;
THENCE S 440 46'24" W, continuing along the southeast line of said Lot 2 and Called 8.244
acre tract a distance of 226.56 feet to a 1/2" Iron Rod set for the most southerly corner of
this 0.796 acre tract, same being the most southerly corner of said 4.328 acre tract and the
most easterly corner of a certain 1.803 acre tract, said point also being THE BEGINNING
POINT OF THIS 0.796 ACRE TRACT;
THENCE N 290 17'24" W, along a common line between said 4.328 acre tract and said
1.803 acre tract a distance of 312.63 feet to a 1/2" Iron Rod set for an interior corner;
THENCE S 600 42'36" W, along a common line between said 4.328 acre tract and said 1.803
acre tract a distance of 227.97 feet to a 1/2" Iron Rod set in the northeast right-of-way line
of STATE HIGHWAY NO. 6 for a south corner, said corner being N 29° 24' 48" W a distance
of 377.50 feet from a 1/2" Iron Rod set for an angle point in said right-of-way line;
THENCE N 290 24'48" W, along said right-of-way line a distance of 55.00 feet to a 1/2" Iron
Rod set for a west corner, said corner being S 29° 24'48" E a distance of 9.55 feet from a
Concrete right-of-way monument found for an angle point in said right-of-way line, said
corner being a west corner of said 4.328 acre tract and also being the most southerly
corner of a certain 1.931 acre tract;
THENCE N 600 42'36" E, along a.common line between said 4.328 acre tract and said 1.931
acre tract a distance 228.09 feet to a 1/2" Iron Rod set for an interior corner;
THENCE N 290 17'24" W, along a common line between said 4.328 acre tract and said
1.931 acre tract a distance of 329.51 feet to a 1/2" Iron rod set in the southeast right-of-way
line of WOODCREEK DRIVE for the most northerly west corner;
THENCE N 600 33'05" E, along said southeast right-of-way line of WOODCREEK DRIVE
and the northwest line of said Lot 2 and Called 8.244 acre tract a distance of 12.50 feet to a
point for the most northerly corner, said corner being S 600 33'05" W a distance of 121.57
feet from a 1/2" Iron Rod found for the most northerly corner of said Lot 2 and the most
westerly corner of Lot 1, Block One, of said Cornerstone Commercial Section One;
THENCE S 290 17'24" E, a distance of 693.60 feet to a point in the southeast line of said
Lot 2 for the most westerly corner;
THENCE S 44° 46'24" W along said southeast line a distance of 13.00 feet to the PLACE
OF BEGINNING containing an area of 34671 square feet or 0.796 of one acre of land more
or less.
TRACT FOUR:
TOGETHER WITH ALL RIGHT, TITLE AND INTEREST IN AND TO THE FOLLOWING
EASEMENT:
Being all that certain lot, tract or parcel of land being 0.156 of one acre situated in the
ROBERT STEVENSON LEAGUE, Abstract No. 54 and the THOMAS CARUTHERS SURVEY,
Lawyers'fitle Insurance Corporation
T-1 OwnerTitlePolicy Page 3 Rev. 11/02
G.F. No. 2810001779
Abstract No. 9, City of College Station, Brazos County, Texas, and being a part of that
certain Called Lot 2, Block One, of the AMENDING PLAT of CORNERSTONE COMMERCIAL
SECTION ONE, of record in Volume 3283, Page 201, Official Records of Brazos County,
Texas, same being out of a Called 8.244 acre tract as described in deed from the Federal
Deposit Insurance Corporation to C.S.L. of Texas, Inc. of record in Volume 2011, Page 199,
Official Records of Brazos County, texas, said 0.156 acre tract being more particularly
described by metes and bounds as follows:
COMMENCING at a 1/2" Iron Rod set in the southwest right-of-way line of WOODCREEK
DRIVE for the most westerly corner of a certain 1.931 acre tract, said corner being the
most northerly corner of the TAC Realty, Inc. Called 0.012 Acre Tract as described in
Volume 1565, Page 318, and the calculated most westerly corner of said Lot 2;
THENCE with the northwest line of said Lot 2 and the southeast right-of-way line of
WOODCREEK DRIVE around a curve in a clockwise direction having a delta angle of 090
52' 04", an arc distance of 153.28 feet, a radius of 890.00 feet, and a chord of N 55° 37' 03"
E, a distance of 153.09 feet to a 1/2" Iron Rod found for the point of tangency of said curve;
THENCE N 600 33'05" E, continuing along the northwest line of said Lot 2 and the
southeast right-of-way line of WOODCREEK DRIVE a distance of 121.37 feet to a point for
the most westerly corner of this access easement AND THE BEGINNING POINT OF THIS
0.156 ACRE TRACT:
THENCE N 600 33'05" E along the northwest line of said Lot 2 a distance of 12.50 feet to a
1/2" Iron Rod set for the most northerly corner, said corner being the most westerly corner
of a certain 4.328 acre tract and the most northerly corner of said 1.931 acre tract, and
being S 60° 33' 05" W a distance of 134.07 feet from a 1/2" Iron Rod found for the most
northerly corner of said Lot 2;
THENCE S 290 17'24" E, along a common line between said 1.931 acre tract and said 4.328
acre tract a distance of 329.51 feet to a 1/2" Iron Rod set for the most easterly corner, same
being an interior corner of said 4.328 acre tract;
THENCE S 600 42'36" W, along a common line between said 1.931 acre tract and said 4.328
acre tract a distance of 228.09 feet to a 1/2" Iron Rod set in the northeast right-of-way line
of STATE HIGHWAY NO. 6 for the most southerly corner, same being an exterior corner of
said 4.328 acre tract;
THENCE N 290 24'48" W, along said northeast right-of-way line a distance of 9.55 feet to a
Concrete right-of-way monument found for an angle point in said right-of-way;
THENCE N 400 04'07" W, continuing along said northeast right-of-way line a distance of
3.00 feet to a point for the most southerly west corner;
THENCE N 600 42' 36" E, a distance of 216.17 feet to a point for an interior corner;
THENCE N 290 17'24" W, a distance of 316.97 feet to the PLACE OF BEGINNING AND
CONTAINING AN AREA OF 6814 square feet or 0.156 OF ONE ACRE OF LAND MORE OR
LESS.
TRACT FIVE:
TOGETHER WITH ALL RIGHT, TITLE AND INTEREST IN AND TO THE FOLLOWING
EASEMENT:
Being all that certain lot, tract or parcel of land being 0.152 of one acre situated in the
Lawyers Title Insurance Corporation
T-1 Own erTitlePolicy Page 4 Rev. 11/02
G.F. No. 2810001779
ROBERT STEVENSON LEAGUE, Abstract No. 54 and the THOMAS CARUTHERS SURVEY,
Abstract No. 9, City of College Station, Brazos County, Texas, and being a part of that
certain Called Lot 2, Block One, of the AMENDING PLAT of CORNERSTONE COMMERCIAL
SECTION ONE, of record in Volume 3283, Page 201, Official Records of Brazos
County,Texas, same being out of a Called 8.244 acre tract as described in deed from the
Federal Deposit Insurance Corporation to C.S.L. of Texas, Inc. of record in Volume 2011,
Page 199, Official Records of Brazos County, Texas, said 0.152 acre tract being more
particularly described by metes and bounds as follows;
COMMENCING at a 1/2" Iron Rod set in the northeast right-of-way line of STATE HIGHWAY
NO. 6 for the most southerly corner of a certain 1.803 acre tract, said corner being at the
calculated intersection of the southeast line of said Lot 2 and the northeast right-of-way
line of STATE HIGHWAY NO. 6;
THENCE N 290 24'48" W, along the northeast right-of-way line of said STATE HIGHWAY
NO. 6 a distance of 377.50 feet to a 1/2" Iron Rod set for the most westerly corner of said
1.803 acre tract, said corner being an exterior corner of a certain 4.328 acre tract, same
being the most westerly corner of this 0.152 of one acre tract AND THE BEGINNING POINT
OF THIS 0.152 ACRE TRACT;
THENCE N 600 42'36" E, along a common line between said 1.803 acre tract and said 4.328
acre tract a distance of 227.97 feet to a 1/2" Iron Rod set for the most northerly corner,
same being the most northerly corner of said 1.803 acre tract and an interior corner of said
4.328 acre tract;
THENCE S 290 17'24" E, along a common line between said 1.803 acre tract and said 4.328
acre tract a distance of 312.63 feet to a 1/2" Iron Rod set in the southeast line of said Lot 2
for the most easterly corner same being the most easterly corner of said 1.803 acre tract
and an exterior corner of said 4.328 acre tract, said corner being S 440 46'24" W a distance
of 226.56 feet from a 1/2" Iron Rod found for an exterior corner of said Lot 2;
THENCE S 440 46' 24" W, along the southeast line of said Lot 2 a distance of 13.00 feet to a
point for an exterior corner;
THENCE N 290 17'24" W, a distance of 303.70 feet to a point for an interior corner;
THENCE S 600 42' 36" W, a distance of 215.44 feet to a point in the northeast right-of-way
line of said STATE HIGHWAY NO. 6 for an exterior corner;
THENCE N 290 24'48" W, along said northeast right-of-way line a distance of 12.50 feet to
the PLACE OF BEGINNING AND CONTAINING AN AREA OF 6623 square feet or 0.152 OF
ONE ACRE OF LAND, MORE OR LESS.
TRACT SIX:
TOGETHER WITH ALL RIGHT, TITLE AND INTEREST IN AND TO THE FOLLOWING
EASEMENT:
Being all that certain lot, tract or parcel of land being 0.031 of one acre situated in the
ROBERT STEVENSON LEAGUE, Abstract No. 54 and the THOMAS CARUTHERS SURVEY,
Abstract No. 9, City of College Station, Brazos County, Texas, and being a part of that
certain Called Lot 2, Block One, of the AMENDING PLAT of CORNERSTONE COMMERCIAL
SECTION ONE, of record in Volume 3283, Page 201, Official Records of Brazos County,
Texas, same being out of a Called 8.244 acre tract as described in deed from the Federal
Deposit Insurance Corporation to C.S.L. of Texas, Inc. of record in Volume 2011, Page 199,
Official Records of Brazos County, Texas, said 0.031 acre tract being more particularly
Lawyers'
T-1 Own w. 11/02
G.F. No. 2810001779
described by metes and bounds as follows:
BEGINNING at a 1/2" Iron Rod set in the northeast right-of-way line of STATE HIGHWAY
NO. 6 for the most southerly corner, said corner being at the calculated intersection of the
southeast line of said Lot 2 and the northeast right-of-way line of STATE HIGHWAY NO. 6,
said corner also being the most southerly corner of a certain 1.803 acre tract;
THENCE N 290 24'48" W, along the northeast right-of-way line of said STATE HIGHWAY
NO. 6 a distance of 31.18 feet to a point for the most westerly corner, said corner being S
290 24' 48" E a distance of 410.87 feet from a concrete right-of-way monument found at an
angle point in said right-of-way line;
THENCE N 440 46'24" E, a distance of 41.50 feet to a point for the most northerly corner;
THENCE S 450 13'36" E, a distance of 30.00 feet to a point in the southeast line of said Lot
2 for the most easterly corner, said corner being S 440 46'24" W a distance of 412.80 feet
from a 1/2" Iron Rod found for an exterior corner of said Lot 2;
THENCE S 440 46'24" W, along the southeast line of said Lot 2 a distance of 50.00 feet to
the PLACE OF BEGINNING AND CONTAINING AN AREA OF 1373 square feet or 0.031 OF
ONE ACRE OF LAND MORE OR LESS.
Lawyers Title Insurance Corporation
T-1 OwnerTitlePolicy Page 6 Rev. 11102
SCHEDULE B
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees
or expenses) that arise by reason of the terms and conditions of the leases or easements insured, if any,
shown in Schedule A and the following matters:
The following restrictive covenants of record itemized below (We must either insert specific
recording data or delete this exception):
Paragrah one (1) is deleted in its entirety. (As to Tracts One, Three, Four, Five and Six only)
Volume 705, Page 623; Volume 3283, Page 201; Volume 3922, Page 282, and Volume 3479,
Page 41, Official Records, Brazos County, Texas, but omitting any covenant or restriction
based on race, color, religion, sex, handicap, familial status, or national origin. (As to Tract
Two only)
2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments or
protrusions, or any overlapping of improvements.
3. Homestead or community property or survivorship rights, if any, of any spouse of any insured.
4. Any titles or rights asserted by anyone, including, but not limited to, persons, the public,
corporations, governments or other entities,, .
a. to tidelands, or lands comprising the shores or beds of navigable or perennial rivers and
streams, lakes, bays, gulfs or oceans, or
b. to lands beyond the line of harbor or bulkhead lines as established or changed by any
government, or
c. to filled-in lands, or artificial islands, or
d. to statutory water rights, including riparian rights, or
e. to the area extending from the line of mean low tide to the line of vegetation, or the rights of
access to that area or easement along and across that area.
Standby fees, taxes and assessments by any taxing authority for the year 2005, and subsequent
years and subsequent taxes and assessments by any taxing authority for prior years due to
change in land usage or ownership, but not those taxes or assessments for prior years because of
an exemption granted to a previous owner of the property under Section 11. 13, Texas Tax Code,
or because of improvements not assessed for a previous tax year.
6. The following matters and all terms of the documents creating or offering evidence of the matters
(We must insert matters or delete this exception.):
a. Deed of Trust, Absolute Assignment of Rents, Security Agreement and Financing
Statement (Construction) dated October 17, 2005 excecuted by The Plazas at Rock
Prairie Rd., Ltd., a Texas limited partnership, to Michael G. Turner, Trustee,
securing payment one note in the amount of $2,840,000.00 payable to Regions
Bank filed October 27, 2005, recorded in Volume 6993, Page 172, Official Public
Records of Real Property, Brazos County, Texas; further secured by Absolute
Assignment of Rents of even date therewith filed October 27, 2005, recorded in
Lawyers Title Insurance Corporation
Form T-1 OTP (GF #: 2810001779) Page 7 Policy No. B06-0092863
Volume 6993, Page 172, Official Public Records of Real Property, Brazos County,
Texas.
Any and all liens arising by reason of unpaid bills or claims for work performed or
materials furnished in connection with improvements placed, or to be placed, upon
the subject land. However, the company does insure the Insured against loss, if
any, sustained by the Insured under this Policy if such liens have been filed with
the Real Property Records of BRAZOS County, Texas, prior to the date hereof.
Liability hereunder at the date hereof is limited to $1,195,827.00. Liability shall
increase as contemplated improvements are made, so that any loss payable
hereunder shall be limited to said sum plus the amount actually expended by the
Insured in improvements at the time the loss occurs. Any expenditures made for
improvements, subsequent to the date of this Policy will be deemed made as of the
date of this Policy. In no event shall the liability of the Company hereunder exceed
the face amount of this Policy. Nothing contained in this paragraph shall be
construed as limiting any exception or any printed provision of this Policy.
TRACT ONE:
C. Ditch located on subject property as shown on survey dated July 1, 2005, revised
on July 19, 2005, revised on August 12, 2005, revised on September 1, 2005,
prepared by Fred F. Lawton, R.P.L.S. No. 5530.
d. Rights or claims, if any, of adjoining property owners in and to that portion of the
insured premises lying between the fence and the rear lot line adjacent to Lot 2-A,
as shown and noted on survey by Fred F. Lawton, R.P.L.S. No. 5530, dated July 1,
2005, revised on July 19, 2005, revised on August 12, 2005, revised on September
1, 2005.
e. Easement executed by Hermann Kleerekoper to City of College Station, Texas,
dated September 13, 2001, recorded in Volume 4351, Page 49, Official Records of
Brazos County, Texas, as shown and noted on survey by Fred F. Lawton, R.P.L.S.
No. 5530, dated July 1, 2005, revised on July 19, 2005, revised on August 12, 2005,
revised on September 1, 2005.
f. Easement executed by Herman Kleerekoper to City of College Station, Texas, dated
December 22, 1986, recorded in Volume 940, Page 68, Official Records of Brazos
County, Texas, and as shown and noted on survey by Fred F. Lawton, R.P.L.S. No.
5530, dated July 1, 2005, revised on July 19, 2005, revised on August 12, 2005,
revised on September 1, 2005.
g. Easement as set out in Deed dated June 27, 2001, executed by Rock Prairie Baptist
Church to Herman Kleerekoper, recorded in Volume 4209, Page 158, Official
Records of Brazos County, Texas, and as shown and noted on survey by Fred F.
Lawton, R.P.L.S. No. 5530, dated July 1, 2005, revised on July 19, 2005, revised on
August 12, 2005, revised on September 1, 2005..
h. Twenty (20') foot wide City of Bryan Electrical Easement executed by R.R. Shaw
and wife, Mrs. Emma Shaw to The City of Bryan, Texas, dated April 13, 1937,
recorded in Volume 98, Page 77, Deed Records of Brazos County, Texas, and as
shown and noted on survey by Fred F. Lawton, R.P.L.S. No. 5530, dated July 1,
2005, revised on July 19, 2005, revised on August 12, 2005, revised on September
1, 2005.
Lawyers Title Insurance Corporation
Form T-1 OTP (GF #: 2810001779) Page 8 Policy No. B06-0092863
i. Mineral reservation contained in Deed executed by Rock Prairie Baptist Church to
Herman Kleerekoper, dated June 27, 2001, recorded in Volume 4209, Page 158,
Official Records of Brazos County, Texas. Title to said interest has not been
investigated subsequent to the date of the aforementioned instrument.
j. Mineral reservation contained in Deed executed by Catie Kleerekoper Allan,
Independent Executrix of the Estate of Herman Kleerekoper, Deceased, as set out
on Probate Cause No. 12,335, Brazos County, Texas. to The Plazas at Rock Prairie
Rd., Ltd., a Texas Limited Partnership, dated September 7, 2005, recorded in
Volume 6929, Page 241, Official Records of Brazos County, Texas. Title to said
interest has not been investigated subsequent to the date of the aforementioned
instrument.
k. Royalty reservation contained in Deed executed by Lynn Nitch and husband
Charles Nitch, D.A.Battle, and Josephine Gee and husband Arthur Gee to Robert J.
Butler and wife, Jean C. Butler, dated January 21, 1959, recorded in Volume 195,
Page 217, Deed Records of Brazos County, Texas. Title to said interest has not
been investigated subsequent to the date of the aforementioned instrument.
Oil, Gas and Mineral Lease executed by Herman Kleerekoper and wife, Jacoba
Kleerekoper to Sage Energy Company, dated November 9, 1992, recorded in
Volume 1709, Page 233, Official Records of Brazos County, Texas (3 year primary
term). Title to said interest has not been investigated subsequent to the date of the
aforementioned instrument.
M. Oil, Gas and Mineral Lease executed by Willis S. Ritchey, Rock Prairie Baptist
Church, Arthur P. Olden, Michael J. Muth, Dr., Member of Board of Deacons acting
on behalf of the Congregation to Chaparral Minerals, Inc., dated March 1, 1978,
recorded in Volume 31, Page 699, Oil and Gas Records of Brazos County, Texas (5
year primary term); Amendment of Oil and Gas Lease dated September 15, 1998,
recorded in Volume 3296, Page 191, Official Records of Brazos County, Texas;
Amendment of Oil and Gas Lease dated January 29, 1999, recorded in Volume
3412, Page 329, Official Records of Brazos County, Texas. Title to said interest has
not been investigated subsequent to the date of the aforementioned instrument.
TRACT TWO:
n. Twenty (25') foot building line across front of property adjacent to State Highway
No. 6; Twenty (20') foot public utility easement across front of property adjacent to
State Highway No. 6; 20' utility easement along side of property; Twelve and one-
half (12.5') foot private access easement along side of property adjacent to Lot 2-13;
12.5' private access easement across rear of property; Thirty (30') foot private
cross access easement across portion of front of property adjacent to State
Highway No. 6, as reserved on plat recorded in Volume 705, Page 623; Volume
3283, Page 201, Volume 3922, Page 282, all of the Official Records of Brazos
County, Texas, and as shown and noted on survey by Hughes -Southwest
Surveying Company, Fred F. Lawton, R.P.L.S. No. 5530, dated July 1, 2005, revised
on July 19, 2005, revised on August 12, 2005, revised on September 1, 2005.
o. Twenty (20') foot Wide City of Bryan Electrical Easement executed by R.R. Shaw to
the City of Bryan, dated April 13, 1937, recorded in Volume 98, Page 77, Deed
Records of Brazos County, Texas, and as shown and noted on survey by Hughes -
Southwest Surveying Company, Fred F. Lawton, R.P.L.S. No. 5530, dated July 1,
2005, revised on July 19, 2005, revised on August 12, 2005, revised on September
1, 2 2005.
Lawyers Title Insurance Corporation
Form T-1 OTP (GF #: 2810001779) Page 9 Policy No. B06-0092863
P. Easement executed by Woodcreek Joint Venture to City of College Station, dated
September 12, 1983, recorded in Volume 602, Page 519, Official Records of Brazos
County, Texas, and as shown and noted on survey by Hughes -Southwest
Surveying Company, Fred F. Lawton, R.P.L.S. No. 5530, dated July 1, 2005, revised
on July 19, 2005, revised on August 12, 2005, revised on September 1, 2005.
q. Reciprocal Easement Agreement executed by and between Village Hotel Partners,
L.P. and CSL of Texas, Inc., dated effective April 15, 1999, recorded in Volume 3479,
Page 41, Official Records of Brazos County, Texas, and as shown and noted on
survey by Hughes -Southwest Surveying Company, Fred F. Lawton, R.P.L.S. No.
5530, dated July 1, 2005, revised on July 19, 2005, revised on August 12, 2005,
revised on September 1, 2005.
r. Easement executed by Herman Kleerekoper to City of College Station, Texas, dated
December 22, 1986, recorded in Volume 940, Page 68, Official Records of Brazos
County, Texas, and as shown and noted on survey by Hughes -Southwest
Surveying Company, Fred F. Lawton, R.P.L.S. No. 5530, dated July 1, 2005, revised
on July 19, 2005, revised on August 12, 2005, revised on September 1, 2005.
s. Royalty Deed executed by Lynn Nitch Connor to Josephine S. Gee, dated March 28,
1988, recorded in Volume 1036, Page 589, Official Records of Brazos County,
Texas. Title to said interest has not been investigated subsequent to the date of
the aforementioned instrument. -
t. Mineral reservation contained in Deed executed by D. A. Battle, et ux, et al to
Robert J. Butler, et ux, dated January 21, 1959, recorded in Volume 195, Page 217,
Deed Records of Brazos County, Texas. Title to said interest has not been
investigated subsequent to the date of the aforementioned instrument.
U. Mineral reservation contained in Deed executed by Edward Uvacek, Jr., et ux to
Cornerstone Investment Group, dated December 11, 1980, recorded in Volume 469,
Page 426, Deed Records of Brazos County, Texas. Title to said interest has not
been investigated subsequent to the date of the aforementioned instrument.
V. Oil, Gas and Mineral Lease executed by Edward Uvacek, Jr., et ux to Chaparral
Minerals, Inc., dated September 20, 1977, recorded in Volume 28, Page 710, Oil and
Gas Lease Records of Brazos County, Texas. Assignment of Overriding Royalty
Interest recorded in Volume 387, Page 561, Deed Records of Brazos County, Texas.
Partial Assignment of Oil, Gas and Mineral Leases recorded in Volume 398, Page
684, Deed Records of Brazos County, Texas. Partial Assignment of 011, Gas and
Mineral Lease recorded in Volume 437, Page 241, Deed Records of Brazos County,
Texas. Partial Assignment of Oil, Gas and Mineral Lease recorded in Volume 441,
Page 44, Deed Records of Brazos County, Texas. Amendment of Assignment of
Oil, Gas and Mineral Lease recorded in Volume 444,, Page 494, Deed Records of
Brazos County, Texas. Amended and extended in an instrument dated September
17, 1982, recorded in Volume 68, Page 704, Oil and Gas Lease Records. Partial
Assignment of Oil, Gas and Mineral Lease recorded in Volume 547, Page 292, Deed
Records of Brazos County, Texas. Partial Assignment of Oil, Gas and Mineral
Lease recorded in Volume 547, Page 300, Deed Records of Brazos County, Texas.
Partial Assignment of Oil and Gas Leases recorded in Volume 551, Page 632, Deed
Records of Brazos County, Texas. Partial Assignment of Oil, Gas and Mineral
Lease recorded in Volume 558, Page 262, Deed Records of Brazos County, Texas.
Assignment recorded in Volume 574, Page 560, Deed Records of Brazos County,
Texas. Ratification recorded in Volume 586, Page 531, Deed Records of Brazos
Lawyers Title Insurance Corporation
Form T-1 OTP (GF #: 2810001779) Page 10 Policy No. B06-0092863
County, Texas. Ratification recorded in Volume 591, Page 243, Deed Records of
Brazos County, Texas. Ratification recorded in Volume 594, Page 59, Deed
Records of Brazos County, Texas. Assignment of Oil, Gas and Mineral Lease
recorded in Volume 912, Page 750, Official Records of Brazos County, Texas.
Assignment of Oil, Gas and Mineral Lease recorded in Volume 925, Page 358,
Official Records of Brazos County, Texas. Partial Assignment of Oil, Gas and
Mineral Lease recorded in Volume 951, Page 239, Official Records of Brazos
County, Texas. Partial Assignment of Oil, Gas and Mineral Lease recorded in
Volume 1135, Page 829, Official Records of Brazos County, Texas. Title to said
interest has not been investigated subsequent to the date of the aforementioned
instrument.
Lawyers Title Insurance Corporation
By ki �✓1� ' �r V j
Auth t
rized Countersig ature
Lawyers Title Insurance Corporation
Form T-1 OTP (GF #: 2810001779) Page 11 Policy No. B06-0092863
GF No. 2810001779
Attached to No. B06-0092863 issued by Lawyers Title Insurance Corporation
The Company insures the insured against loss or damage sustained by reason of:
The existence, at Date of Policy, of any of the following unless expressly excepted in Schedule B:
(a) Present violations on the land of any enforceable covenants, conditions or restrictions, or any existing
improvements on the land which violate any building setback lines shown on a plat of subdivision recorded or
filed in the public records.
(b) Any instrument referred to in Schedule B as containing covenants, conditions or restrictions on the land which,
in addition, (i) establishes an easement on the land; (ii) provides for an option to purchase, a right of first
refusal or the prior approval of a future purchaser or occupant; or (iii) provides a right of reentry, possibility of
reverter or right of forfeiture because of violations on the land of any enforceable covenants, conditions or
restrictions.
(c) Any encroachment of existing improvements located on the land onto adjoining land, or any encroachment
onto the land of existing improvements located on adjoining land.
(d) Any encroachment of existing improvements located on the land onto that portion of the land subject to any
easement excepted in Schedule B.
(e) Any notices of violation of covenants, conditions and restrictions relating to environmental protection recorded
or filed in the public records.
Damage to existing buildings:
(a) Which are located on or encroach upon that portion of the land subject to any easement excepted in Schedule
B, which damage results from the exercise of the right to maintain the easement for the purpose for which is
was granted or reserved;
(b) Resulting from the future exercise of any right existing at Date of Policy to use the surface of the land for the
extraction or development of minerals excepted from the description of the land or excepted in Schedule B.
3. Any final court order or judgment requiring the removal from any land adjoining the land of any encroachment, other than
fences, landscaping or driveways, excepted in Schedule B.
4. Any final court order or judgment denying the right to maintain any existing building on the land because of any violation
of covenants, conditions or restrictions or buildings setback lines shown on a plat of subdivision recorded or
file din the public records.
Wherever in this endorsement the words "covenants, conditions or restrictions" appear, they shall not be deemed to refer to or
include the terms, covenants, conditions or limitations contained in an instrument creating a lease.
As used in paragraph 1(a) and 4, the words "covenants, conditions or restrictions" shall not be deemed to refer to or include any
covenants, conditions or restrictions relating to environmental protection.
This endorsement is made a part of the policy and is subject to all of the terms and provisions thereof and of any prior
endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the
policy and any prior endorsements, nor does it extend the effective date of the policy and any prior endorsements, nor does it
increase the face amount thereof.
Lawyers Title Insurance Corporation
By:C4nf\ / .may
Auth I
ized Countersig f
ature y
Endorsement Form T-19.1 Page 1 of 1
Restrictions, Encroachment, Minerals Endorsement — Owner Policy
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