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HomeMy WebLinkAboutTitle Aggieland Title Company GF# 32977 EXAMINER'S REPORT RECORD TITLE AT THE EFFECTIVE DATE HEREOF APPEARS TO BE VESTED IN Unisource Real Estate Investments, LLC THE LAND REFFERRED TO IN THIS REPORT IS DESCRIBED AS FOLLOWS All that certain 7.60 acre tract or parcel of land lying and being situated in the CRAWFORD BURNETT SURVEY, ABSTRACT No. 7, City of College Station, Brazos County, Texas. Said tract being the remainder of a called 11.23 acre tract as described by a deed to Dorothy Brann McCrory recorded in Volume 428, page 442 of the Deed Records of Brazos County, Texas. Said 7.60 acre tract of land being more particularly described by metes and bounds in a Deed from Donald B. McCrory to Unisource Real Estate Investments, LLC, a Texas limited liability company recorded in Volume 9045, page 88 of the Official Public Records of Brazos County, Texas. SAVE AND EXCEPT: All that certain 0.363 acre tract or parcel of land and being situated in the CRAWFORD BURNETT SURVEY, ABSTRACT No. 7, City of College Station, Brazos County, Texas. Said tract being a portion of a 7.60 acre tract of land as described in a Deed from Donald B. McCrory to Unisource Real Estate Investments, LLC, a Texas limited liability company recorded in Volume 9045, page 88 of the Official Public Records of Brazos County, Texas. Said 0.363 acre tract of land being more particularly described by metes and bounds in a Deed from Unisource Real Estate Investments, LLC, a Texas limited liability company to Rod J. O'Connor and wife, Shirley Ann O'Connor in Volume 9045, page 88 of the Official Public Records of Brazos County, Texas. 3740 Copperfield Drive, Suite 101 • Bryan, Texas 77802 Phone(979)731-8400 • FAX(979)731-8408 GF# 32977 RESTRICTIVE COVENANTS: None of Record SCHEDULE B EXCEPTIONS a. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the title that would be disclosed by an accurate and complete land survey of the land. b. Easement granted to the City of College Station, Texas by Dorothy Brann McCrory as set out in instrument dated February 15, 1982, recorded in Volume 509, page 651, Deed Records of Brazos County, Texas. c. Easement granted to the Lone Star Gas Company by P.G. Longmire, et ux as set out in instrument dated December 19, 1950, recorded in Volume 148, page 429, Deed Records of Brazos County, Texas. Partial Releases recorded in Volume 65, page 100; Volume 65, page 112; and, Volume 75, page 717, Release Records of Brazos County, Texas. d. Mineral Reservation as set out in deed dated July 1, 1968 from C.M.R. Deacon, et ux to Dorsey E. McCrory, recorded in Volume 271, page 259, Deed Records of Brazos County, Texas. Title to this interest not investigated subsequent to date of said instrument. e. Mineral Reservation as set out in deed dated May 25, 1961 from P.G. Longmire, et ux to Roy William Kelley, et ux, recorded in Volume 211, page 615, Deed Records of Brazos County, Texas. Title to this interest not investigated subsequent to date of said instrument. f. Estate created by oil, gas and mineral lease granted to Inexco Oil Company by Dorothy Brann McCrory by instrument dated November 27, 1984, recorded in Volume 768, page 613, Official Public Records of Brazos County, Texas, and all terms, conditions and stipulations contained therein. Title to this lease has not been investigated subsequent to date thereof. g. Estate created by oil, gas and mineral lease granted to RDS Resources, Inc. by Dorothy E. Deacon, et al by instrument dated January 25, 1985, recorded in Volume 775, page 320, Official Public Records of Brazos County, Texas, and all terms, conditions and stipulations contained therein. Title to this lease has not been investigated subsequent to date thereof. h. Rights of parties in possession. AGGIELAND TITLE COMPANY Page 2 GF# 32977 CURATIVE MATTERS a. Deed of Trust dated March 9, 2010 from Unisource Real Estate Investments, LLC to Cully Lipsey, Trustee, securing the payment of one note of even date therewith in the principal sum of$200,000.00, and any other amounts payable under the terms thereof, payable to Gulamali Faizullah and Habibeh Faizullah, filed for record with the County Clerk of Brazos County, Texas, on March 9, 2010, recorded in Volume 9527, page 234 of the Official Public Records of Brazos County, Texas. Note: I find no release or transfer of the above Deed of Trust. b. Deed of Trust dated August 11, 2011 from Unisource Real Estate Investments, LLC, a Texas limited liability company to Dean O. Bass, Trustee, securing the payment of one note of even date therewith in the principal sum of$550,000.00, and any other amounts payable under the terms thereof, payable to Spirit of Texas Bank, filed for record with the County Clerk of Brazos County, Texas, on August 16, 2011, recorded in Volume 10299,page 275 of the Official Public Records of Brazos County, Texas. Modification, Rearrangement and/or Extension of above note and lien in instrument dated August 11, 2014, recorded in Volume 12391, page 72, Official Public Records, Brazos County, Texas, between Unisource Real Estate Investments, LLC, a Texas limited liability company and Spirit of Texas Bank. c. Assignment of Rents and Leases dated August 11, 2011 from Unisource Real Estate Investments, LLC, a Texas limited liability company to Spirit of Texas Bank, filed for record with the County Clerk of Brazos County, Texas, on August 16, 2011, recorded in Volume 10299,page 287 of the Official Public Records of Brazos County, Texas. d. Second Lien Deed of Trust with an effective date of May 25, 2012 from Unisource Real Estate Investments, LLC to Cully Lipsey, Trustee, securing the payment of one note dated March 29, 2011 in the principal sum of $125,000.00, and a second note dated May 25, 2012 in the principal sum of $200,000.00, and any other amounts payable under the terms thereof, payable to Gulamali Faizullah and Habibeh Faizullah, filed for record with the County Clerk of Brazos County, Texas, on May 31, 2012, recorded in Volume 10704, page 63 of the Official Public Records of Brazos County, Texas. e. Third Lien Deed of Trust dated November 16, 2012 from Unisource Real Estate Investment, LLC, a Texas limited liability company to Cully Lipsey, Trustee, securing the payment of one note of even date therewith in the principal sum of $200,000.00, and any other amounts payable under the terms thereof, payable to Gulamali Faizullah, filed for record with the County Clerk of Brazos County, Texas, on November 21, 2012, recorded in Volume 11021, page 245 of the Official Public Records of Brazos County, Texas. f. This report does not cover matters of survey, including, but not limited to discrepancies, conflicts or shortages in area or boundary lines or any encroachments or protrusions or any overlapping improvement. AGGIELAND TITLE COMPANY Page 3 GF# 32977 g. Standby fees, taxes and assessments have not been investigated. This report is prepared and delivered with the express understanding and agreement, evidenced by the acceptance hereof, that the undersigned is not rendering an opinion as to the title to the land under investigation herein, and while believing its construction of the records as hereinabove set out to be true and correct, still will incur no liability beyond the fee paid for this report by reason of such construction, nor will it be liable for any error or omission of any kind whatsoever. This report is prepared for informational purposes only, exclusively for the party paying the fee. c EXAMINE S SIGNATU Preparation Date: February 9,2015 Effective Date: February 2,2015 Effective Time: 7:00 a.m. AGGIELAND TITLE COMPANY Page 4