HomeMy WebLinkAboutTitle Report Lawyers Title Company of Brazos County
1450 Copperfield Parkway
College Station,TX 77845
Phone: 979-776-3600
Fax: 979-776-2383
UPDATED TITLE REPORT
Date: January 22, 2015
File No.: GF No. M2448
Record Title at the Effective Date Hereof is Vested in:
Get Real, LLC, a Texas limited liability company
The Land Referred to In this Report is Described as Follows:
All that certain lot, tract or parcel of land lying and situated in Brazos County, Texas,
being Lot One (1), Foxworth Subdivision, a subdivision in Brazos County, Texas,
according to the plat recorded in Volume 6050, Page 67, Official Records of Brazos
County, Texas.
Exceptions:
Building lines, and any and all easements as reserved on plat recorded in Volume 6050,
Page 67, Official Records of Brazos County, Texas.
Right-of-Way Easement executed by Joseph S. Osoba, et al to The City of Bryan, dated
October 18, 1976, recorded in Volume 361, Page 226, Deed Records of Brazos County,
Texas. (Blanket)
Easement executed by Connie Gail Hearne to Wellborn Water Supply Corporation,
dated January 23, 1998, recorded in Volume 3020, Page 67, Official Records of Brazos
County, Texas.
Interest in coal, lignite, oil, gas and other minerals, and all rights incident thereto,
contained in instrument dated February 3, 1940, recorded on July 1, 1940, in Volume
103, Page 611, Deed Records of Brazos County, Texas. Reference to which
instrument is here made for particulars. No further search of title has been made as to
the interest(s) evidenced by this instrument, and the Company makes no representation
as to the ownership or holder of such interest(s).
Interest in and to all coal, lignite, oil, gas and other minerals, and all rights incident
thereto, contained in instrument dated May 5, 1984, recorded on May 31, 1984, in
Volume 686, Page 837, Official Records of Brazos County, Texas. Reference to which
instrument is here made for particulars. No further search of title has been made as to
the interest(s) evidenced by this instrument, and the Company makes no representation
as to the ownership or holder of such interest(s).
Interest in and to all coal, lignite, oil, gas and other minerals, and all rights incident
thereto, contained in instrument dated October 30, 1984, recorded on October 30, 1984,
in Volume 737, Page 214, Official Records of Brazos County, Texas. Reference to
which instrument is here made for particulars. No further search of title has been made
as to the interest(s) evidenced by this instrument, and the Company makes no
representation as to the ownership or holder of such interest(s).
Interest in coal, lignite, oil, gas and other minerals, and all rights incident thereto,
contained in instrument dated November 26, 1990, recorded on November 30, 1990, in
Volume 1224, Page 187, Official Records of Brazos County, Texas. Reference to
which instrument is here made for particulars. No further search of title has been made
as to the interest(s) evidenced by this instrument, and the Company makes no
representation as to the ownership or holder of such interest(s).
Oil, Gas and Mineral Lease executed by C. N. Hielscher, et al to Threshold Exploration,
Inc., dated December 1990, January 1991 and February 1991, recorded in Volume
1238, Pages 847, 861, 870, 873 and 875; Volume 1239, Pages 154 and 868; Volume
1246, Page 794, Official Records of Brazos County, Texas. No further search of title
has been made as to the interest(s) evidenced by this instrument, and the Company
makes no representation as to the ownership or holder of such interest(s).
Oil, Gas and Mineral Lease executed by Connie Hearne, et al to Baker Exploration,
dated December 17, 1993, recorded in Volume 2020, Pages 235, 238 and 241, Official
Records of Brazos County, Texas, No further search of title has been made as to the
interest(s) evidenced by this instrument, and the Company makes no representation as
to the ownership or holder of such interest(s).
All leases, grants, exceptions or reservations of coal, lignite, oil, gas and other minerals,
together with all rights, privileges, and immunities relating thereto, appearing in the
Public Records whether listed herein B or not. There may be leases, grants,
exceptions or reservations of mineral interest that are not listed.
Rights of parties in possession.
Curative Matters:
Vendor's lien retained in Deed executed by Bill Foxworth and wife, Gabriela Foxworth to
Malechek &Westmoland Family, L.P., a Texas limited partnership, dated October 1,
2007, recorded in Volume 8268, Page 20, Official Records of Brazos County, Texas;
and additionally secured by a Deed of Trust executed by Malechek & Westmoland
Family, L.P., a Texas limited partnership to Robert L. Upchurch, III, Trustee, for the
benefit of First State Bank of Bedias, dated October 1, 2007, recorded in Volume 8268,
Page 23, Official Records of Brazos County, Texas (in the amount of$300,000.00).
Extension of Note and Lien executed by and between Malechek &Westmoland Family,
L.P., a Texas limited partnership (Borrower) and First State Bank of Bedias (Lender),
with effective date of December 1, 2008, recorded in Volume 9272, Page 91, Official
Records of Brazos County, Texas.
Extension of Note and Lien executed by and between Malechek &Westmoland Family,
L.P., a Texas limited partnership (Borrower) and First State Bank of Bedias (Lender),
with effective date of December 1, 2013, recorded in Volume 11817, Page 249, Official
Records of Brazos County, Texas.
Mechanic's Lien Contract executed by Get Real, LLC, a Texas limited liability company
to Texcon Gneral Contractors, a Texas corporation, dated December 15, 2014,
recorded in Volume 12435, Page 79, Official Records of Brazos County, Texas (in the
amount of$500,000.00).
Deed of Trust executed by Get Real, LLC to Walter S. Campbell, Trustee for the benefit
of Malechek &Westmoland Family, L.P., dated December 15, 2014, recorded in
Volume 12461, Page 60, Official Records of Brazos County, Texas (in the amount of
$1,000,000.00).
THIS REPORT IS ISSUED WITH THE EXPRESS UNDERSTANDING, EVIDENCED
BY THE ACCEPTANCE OF SAME, THAT THE UNDERSIGNED, LAWYERS TITLE
COMPANY OF BRAZOS COUNTY DOES NOT UNDERTAKE HEREIN TO GIVE OR
EXPRESS ANY OPINION AS TO THE VALIDITY OF THE TITLE TO THE PROPERTY
ABOVE DESCRIBED, NOR AS TO THE VALIDITY OF ANY OF THE INSTRUMENTS
REPORTED HEREIN, INCLUDING THE PURPORTED DEED(S) ESTABLISHING THE
RECORD OWNER(S) CITED ABOVE, BUT IS SIMPLY REPORTING BRIEFLY
HEREIN, AS TO THE INSTRUMENTS FOUNDS OF RECORD PERTAINING TO THE
SUBJECT PROPERTY, AND IT IS EXPRESSLY UNDERSTOOD AND AGREED
THAT THIS REPORT IS NEITHER A GUARANTY OR WARRANTY OF THE TITLE. Y
ACCEPTANCE OF THIS TITLE REPORT, IT IS UNDERSTOOD THAT THE LIABILITY
0
OF THE ISSUER HEREOF IS EXPRESSLY LIMITED TO $ . THIS
SEARCH HAS BEEN LIMITED TO THE ABOVE MATTERS AND THE ABOVE TIME
PERIOD AND LAWYERS TITLE COMPANY OF BRAZOS COUNTY HAS NOT
SEARCHED FOR, NOR HAS REFLECTED HEREIN, ANY EXAMINATION AS TO
TAX SUITS, SPECIAL ASSESSMENTS, CONFLICTS OR OTHER INSTRUMENTS
WHICH MAY AFFECT TITLE TO THE SUBJECT PROPERTY. IF TITLE
INSURANCE COVERAGE, WHICH IS NOT PROVIDED BY THIS REPORT, IS
NEEDED, SAID COVERAGE IS AVAILABLE THROUGH THE APPLICABLE
PROMULGATED POLICY(IES), AT THE SPECIFIED PROMULGATED PREMIUM.
OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, HAVE BEEN
CHECKED THROUGH January 12, 2015 @ 7:00 a.m.
Lawyers Title Company of Brazos County
By:
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