HomeMy WebLinkAboutTitle Report Aggieland Title Company
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SUBSEQUENT TO CERTIFICATE
GF# 28265
PROPERTY DESCRIPTION:
All of that 75.07 acre tract or parcel of land, lying and being situated in the ROBERT
STEVENSON SURVEY, ABSTRACT No. 54, College Station, Brazos County, Texas, and being
part of the called 154 acre (net) tract describe in the deed from Florence A. Brown to Beverly J.
Furrer, Patricia J. Vogel and Thomas L. Brown, Jr., as recorded in Volume 854, page 57, Official
Records of Brazos County, Texas, and being also described as 158 acres in the deed from D.
Brooks Cofer, Jr. and Don Dillon to Wayne A. Dunlap and Thomas L. Brown, recorded in Volume
283, page 382, Deed Records of Brazos County, Texas, said 75.07 acre tract being more
particularly described as follows:
COMMENCING at the centerline intersection of the existing pavement of Barron Road
and Barron Cutoff Road, same being the supposed west corner of the beforementioned 158 acre
tract;
THENCE S 46° 01' 20" E along the centerline of the existing pavement of Barron Cutoff
Road, same being the supposed southwest line of the beforementioned 158 acre tract for a
distance of 360.56 feet to the PLACE OF BEGINNING of this description;
THENCE N 44° 08' 27" E through the interior of the beforementioned 158 acre tract, at a
distance of 24.4 feet, pass a 6" creosote post fence corner in the northeast line of Barron Cutoff
Road marking the south corner of a 4.00 acre tract(cut out of the 158 acre tract) as described in
Volume 1577, Page 136, of the Official Records of Brazos County, Texas, continue on along the
southeast line of said 4.00 acre tract, adjacent to a fence, for a total distance of 369.78 feet to a
1/2" iron rod found (2ith cap) in the southwest right of way line of State Highway No. 40, from
which a 1/2" iron found at a.,4" creosote post fence corner marking the east corner (now out in
Highway 40) of the 4.00 acre tract bears N 44° 08' 27" E - 173.70 feet;
3740 Copperfield Drive, Suite 101 • Bryan, Texas 77802
Phone(979) 731-8400 - FAX(979) 731-8408
THENCE along the southwest and southerly right of way line of State Highway No. 40 (as
described in the deed to the State of Texas as recorded in Volume 5884, Page 13, of the Official
Records of Brazos County, Texas), as follows:
S 49° 18' 34" E for a distance of 11.98 feet to a concrete monument with brass
disc found,
S 51° 10' 08" E for a distance of 134.68 feet to a concrete monument with brass
disc found,
S 53° 31' 38" E for a distance of 213.41 feet to a concrete monument with brass
disc found,
S 57°40' 09" E for a distance of 213.41 feet to a concrete monument with brass
disc found,
S 61° 07' 14" E for a distance of 142.29 feet to a concrete monument with brass
disc found,
S 65° 57' 10" E for a distance of 355.54 feet to a concrete monument with brass
disc found,
S 72°21' 21" E for a distance of 213.31 feet to a concrete monument with brass
disc found,
S 76° 14' 58" E fora distance of 142.09 feet to a concrete monument with brass
disc found,
S 80°20' 11" E for a distance of 141.96 feet to a concrete monument with brass
disc found,
S 85° 33' 51" E for a distance of 212.50 feet to a concrete monument with brass
disc found,
S 87° 43' 46" E for a distance of 351.65 feet to a concrete monument with brass
disc found,
S 88° 57' 55" E for a distance of 269.72 feet to a concrete monument with brass
disc found,
S 89° 16' 51" E for a distance of 131.40 feet to a concrete monument with brass
disc found,
N 88° 15' 57" E for a distance of 682.82 feet to the northeast line of the
beforementioned 158 acre tract, from which a 1/2" iron rod found (with cap) bears
N 88° 15' 57" E- 0.50 feet;
THENCE S 46° 02' 08" E along the northeast line of the beforementioned 158 acre tract,
same being the southwest line of the 217.5 acre tract as recorded in Volume 2597, Page 186, of
the Official Records of Brazos County, Texas, adjacent to a fence, for a distance of 397.32 feet to
a crosstie fence corner marking the east corner of the 158 acre tract, same being the south
corner of the 217.5 acre tract and same being in the northwest line of the called 316.0221 acre
tract as recorded in Volume 3905, Page 55 of the Official Records of Brazos County, Texas.
3740 Copperfield Drive, Suite 101 • Bryan, Texas 77802
P.O.Box 4233 • Bryan, Texas 77805
Phone(979) 731-8400• FAX(979) 731-8408
Inimimiminimosomm
THENCE S 44°46' 50"W along the southeast line of the beforementioned 158 acre tract,
same being the northwest line of the beforementioned 316.0221 acre tract, adjacent to a fence,
for a distance of 2025.47 feet to a 1/2' iron rod found at a 4" creosote post fence corner marking
the occupied south corner of the 158 acre tract, same being the west corner of the 316.0221 acre
tract and same being in the northeast line of the called 303.97 acre (202.65 acre net) tract
described in Volume 4027, Page 29, of the Official Records of Brazos County, Texas, from which
a 4" creosote post fence corner bears N 44° 20' 14" E -24.2 feet;
THENCE N 45° 56'40"W along the common, occupied line between the
beforementioned 148 acre tract and the beforementioned 303.97 acre tract, adjacent to a fence
and nearly parallel with and approximately 24 feet southwest of another fence line, for a distance
of 641.67 feet to a 1/2" iron rod found at a crosstie fence corner marking the north corner of the
303.97 acre tract in the southeast line of the Baker Estate - called 29.405 acre tract as recorded
in Volume 2488, Page 64 of the Official Records of Brazos County, Texas, and Volume 223,
Page 147 of the Deed Records of Brazos County, Texas;
THENCE N 42° 16' 05" E along the southeast line of the beforementioned 29.405 acre
tract, adjacent to a fence, for a distance of 23.02 feet to a crosstie fence corner marking the
occupied east corner of the 29.405 acre tract;
THENCE along the occupied southwest line of the beforementioned 158 acre tract, same
being the northeast line of the beforementioned 29.405 acre tract and the northeast line of a 46.5'
. wide access strip (leading from Barron Cutoff Road to the 29.405 acre tract), adjacent to a fence,
as follows:
N 46° 06' 50"W for a distance of 811.64 feet to a 4" creosote post fence corner
marking the occupied north corner of the 29.405 acre tract, same being the
occupied east corner of the 48.5' access strip,
N 45° 49' 16"W for a distance of 498.35 to a 2" cedar post fence angle point,
N 44° 29'45"W for a distance of 415.43 to a 3" creosote post fence corner in the
southeast line of Barron Cutoff Road marking the occupied north corner
of the said access strip;
THENCE N 46° 01'20"W continuing along there-constructed southwest line of the
beforementioned 158 acre tract, along the centerline of the existing pavement of Barron Cutoff
Road (and it's southward projection) for a distance of 668.21 feet to the PLACE OF BEGINNING,
containing 75.07 acres of land, more or less, of which 0.41 acre lies within Barron Cutoff Road.
SAVE AND EXCEPT:
14.930 acres of land being out of that certain tract or parcel of land, lying and being situated in
the ROBERTSON STEVENSON SURVEY, Abstract No. 54, College Station, Brazos County,
Texas and being same property described in General Warranty Deed from BCS Development
Company to College Station Independent School District recorded in Volume 11873, Page 269 of
the Official Public Records of Brazos County, Texas.
Note: The Company is prohibited from insuring the area or quantity of the land described
herein. Any statement in the above legal description of the area of land is not a
representation that such area or quantity is correct,but made only for informational
and/or Identification3p waci;Av icID tR,i s?j iedule B hereof.
P.O. Box 4233 • Bryan, Texas 77805
Phone(979) 731-8400 • FAX(979) 731-8408
RECORD TITLE APPEARS TO BE VESTED IN:
BCS Development Company
THE STATE OF TEXAS )(
COUNTY OF BRAZOS )(
We, AGGIELAND TITLE COMPANY, hereby certify that we have carefully
examined the records in the Office of the County Clerk of Brazos County, Texas, and
find nothing of record affecting title to the above captioned lands subsequent to:
June 2, 2014
EXCEPT the following:
1. Release of Lien dated August 20,2014 from The Bank&Trust of Bryan/College Station to BCS
Development Company in instrument recorded in Volume 12273,Page 178 of the Official Public
Records of Brazos County,Texas.
We find State Tax Liens, Federal Tax Liens, Abstracts of Judgment or Lis Pendens of
record against the above captioned property owner as follows:
NONE FOUND
3740 Copperfield Drive, Suite 101 •Bryan, Texas 77802
P.O.Box 4233 •Bryan, Texas 77805
Phone(979) 731-8400• FAX(979) 731-8408
This certificate 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 lands 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 certificate by reason of such construction, nor will it be liable for any
error or omission of any kind whatsoever.
RECORDS searched to the 27th October 2014 at 7 o'clock a.m.
AGGIELAND TITLE COMPANY
r
BI's)
Joy"' - Fer son, Title EX'. iner
3740 Copperfield Drive,Suite 101 • Bryan, Texas 77802
P.O. Box 4233 • Bryan, Texas 77805
Phone(979) 731-8400•FAX(979) 731-8408
i n
COMMITMENT FOR TITLE INSURANCE
Issued By
Old Republic National Title Insurance Company
SCHEDULE A
Effective Date: November 11,2013,07:00 am GF No.28265
Commitment No. ,issued November 18,2013,11:45 am
1. The policy or policies to be issued are:
(a) OWNER'S POLICY OF TITLE INSURANCE(Form T-1)
(Not applicable for improved one-to-four family residential real estate)
Policy Amount:
PROPOSED INSURED:
(b) TEXAS RESIDENTIAL OWNER'S POLICY OF TITLE INSURANCE
-ONE-TO-FOUR FAMILY RESIDENCES(Form T-IR)
Policy Amount:
PROPOSED INSURED:
(c) LOAN POLICY OF TITLE INSURANCE(Form T-2)
Policy Amount: $1,441,200.00
PROPOSED INSURED: The Bank&Trust of Bryan/College Station,and each successor in ownership of the
indebtedness secured by the insured mortgage,except a successor who is an obligor
under the provisions of Section 12(c)of the Conditions and Stipulations.
Proposed Borrower: BCS Development Company
(d) TEXAS SHORT FORM RESIDENTIAL LOAN POLICY OF TITLE INSURANCE(Form T-2R)
Policy Amount:
PROPOSED INSURED:
Proposed Borrower:
(e) LOAN TITLE POLICY BINDER ON INTERIM CONSTRUCTION LOAN(Form T-13)
Binder Amount:
PROPOSED INSURED:
Proposed Borrower:
(t) OTHER
Policy Amount:
PROPOSED INSURED:
2. The interest in the land covered by this Commitment is: Fee Simple
3. Record title to the land on the Effective Date appears to be vested in:
BCS Development Company
4. Legal description of the land:
All of that 75.07 acre tract or parcel of land, lying and being situated in the ROBERT STEVENSON SURVEY,
ABSTRACT No. 54,College Station,Brazos County,Texas, and being part of the called 154 acre(net)tract describe
in the deed from Florence A.Brown to Beverly J.Furrer,Patricia J.Vogel and Thomas L.Brown,Jr.,as recorded in
Volume 854, page 57, Official Records of Brazos County, Texas, and being also described as 158 acres in the deed
from D.Brooks Cofer,Jr.and Don Dillon to Wayne A.Dunlap and Thomas L.Brown,recorded in Volume 283,page
382,Deed Records of Brazos County,Texas,said 75.07 acre tract being more particularly described as follows:
COMMENCING at the centerline intersection of the existing pavement of Barron Road and Barron Cutoff
Road,same being the supposed west corner of the beforementioned 158 acre tract;
THENCE S 46° 01' 20" E along the centerline of the existing pavement of Barron Cutoff Road, same being
the supposed southwest line of the beforementioned 158 acre tract for a distance of 360.56 feet to the PLACE OF
BEGINNING of this description;
FORM T-7: Commitment for Title Insurance Page 1
Continuation of Schedule A GF No.28265
THENCE N 44° 08' 27" E through the interior of the beforementioned 158 acre tract, at a distance of 24.4
feet, pass a 6" creosote post fence corner in the northeast line of Barron Cutoff Road marking the south corner of a
4.00 acre tract(cut out of the 158 acre tract)as described in Volume 1577,Page 136, of the Official Records of Brazos
County, Texas, continue on along the southeast line of said 4.00 acre tract, adjacent to a fence, for a total distance of
369.78 feet to a 1/2" iron rod found (2ith cap) in the southwest right of way line of State Highway No. 40, from which
a 1/2" iron found at a 4" creosote post fence corner marking the east corner(now out in Highway 40)of the 4.00 acre
tract bears N 44°08'27"E-173.70 feet;
THENCE along the southwest and southerly right of way line of State Highway No. 40 (as described in the
deed to the State of Texas as recorded in Volume 5884,Page 13, of the Official Records of Brazos County, Texas), as
follows:
S 49°18'34"E for a distance of 11.98 feet to a concrete monument with brass disc found,
S 51° 10' 08" E for a distance of 134.68 feet to a concrete monument with brass disc found,
S 53°31'38" E for a distance of 213.41 feet to a concrete monument with brass disc found,
S 57°40' 09"E for a distance of 213.41 feet to a concrete monument with brass disc found,
S 61° 07' 14"E for a distance of 142.29 feet to a concrete monument with brass disc found,
S 65°57' 10" E for a distance of 355.54 feet to a concrete monument with brass disc found,
S 72°21'21" E for a distance of 213.31 feet to a concrete monument with brass disc found,
S 76° 14' 58" E for a distance of 142.09 feet to a concrete monument with brass disc found,
S 80°20' 11" E for a distance of 141.96 feet to a concrete monument with brass disc found,
S 85°33' 51"E for a distance of 212.50 feet to a concrete monument with brass disc found,
S 87°43' 46" E for a distance of 351.65 feet to a concrete monument with brass disc found,
S 88°57' 55" E for a distance of 269.72 feet to a concrete monument with brass disc found,
S 89° 16' 51"E for a distance of 131.40 feet to a concrete monument with brass disc found,
N 88°15' 57" E. for a distance of 682.82 feet to the northeast line of the beforementioned 158 acre
tract,from which a 1/2" iron rod found (with cap)bears
N 88° 15' 57" E-0.50 feet;
THENCE S 46° 02' 08" E along the northeast line of the beforementioned 158 acre tract, same being the
southwest line of the 217.5 acre tract as recorded in Volume 2597,Page 186,of the Official Records of Brazos County,
Texas, adjacent to a fence, for a distance of 397.32 feet to a crosstie fence corner marking the east corner of the 158
acre tract, same being the south corner of the 217.5 acre tract and same being in the northwest line of the called
316.0221 acre tract as recorded in Volume 3905,Page 55 of the Official Records of Brazos County,Texas.
THENCE S 44° 46' 50" W along the southeast line of the beforementioned 158 acre tract, same being the
northwest line of the beforementioned 316.0221 acre tract, adjacent to a fence, for a distance of 2025.47 feet to a 1/2'
iron rod found at a 4" creosote post fence corner marking the occupied south corner of the 158 acre tract,same being
the west corner of the 316.0221 acre tract and same being in the norheast line of the called 303.97 acre (202.65 acre
net) tract described in Volume 4027, Page 29, of the Official Records of Brazos County, Texas, from which a 4"
creosote post fence corner bears N 44°20' 14"E-24.2 feet;
THENCE N 45°56' 40" W along the common, occupied line between the beforementioned 148 acre tract and
the beforementioned 303.97 acre tract, adjacent to a fence and nearly parallel with and approximately 24 feet
FORM T-7: Commitment for Tide Insurance Page 2
Continuation of Schedule A 0 0 GF No.28265
southwest of another fence line, for a distance of 641.67 feet to a 1/2" iron rod found at a crosstie fence corner
marking the north corner of the 303.97 acre tract in the southeast line of the Baker Estate-called 29.405 acre tract as
recorded in Volume 2488, Page 64 of the Official Records of Brazos County, Texas, and Volume 223,Page 147 of the
Deed Records of Brazos County,Texas;
THENCE N 42° 16' 05" E along the southeast line of the beforementioned 29.405 acre tract, adjacent to a
fence,for a distance of 23.02 feet to a crosstie fence corner marking the occupied east corner of the 29.405 acre tract;
THENCE along the occupied southwest line of the beforementioned 158 acre tract, same being the northeast
line of the beforementioned 29.405 acre tract and the northeast line of a 46.5' wide access strip (leading from Barron
Cutoff Road to the 29.405 acre tract),adjacent to a fence,as follows:
N 46°06' 50" W for a distance of 811.64 feet to a 4" creosote post fence corner marking the occupied
north corner of the 29.405 acre tract,same being the occupied east corner of the 48.5'
access strip,
N 45°49' 16" W for a distance of 498.35 to a 2" cedar post fence angle point,
N 44°29' 45"W for a distance of 415.43 to a 3" creosote post fence corner in the southeast line of
Barron Cutoff Road marking the occupied north corner of the said access strip;
THENCE N 46° 01' 20" W continuing along there-constructed southwest line of the beforementioned 158 acre tract,
along the centerline of the existing pavement of Barron Cutoff Road (and it's southward projection) for a distance of
668.21 feet to the PLACE OF BEGINNING, containing 75.07 acres of land, more or less, of which 0.41 acre lies
within Barron Cutoff Road.
Note: The Company is prohibited from insuring the area or quantity of the land described herein.Any statement in
the above legal description of the area of land is not a representation that such area or quantity is correct,but made
only for informational and/or Identification purposes and does nor override Item No.2 Schedule B hereof.
FORM T-7: Commitment for Title Insurance Page 3
COMMITMENT FOR TITLE INSURANCE
Issued By
Old Republic National Title Insurance Company
SCHEDULE B
EXCEPTIONS FROM COVERAGE
In addition to the Exclusions and Conditions and Stipulations, your Policy will not cover loss, costs, attorneys' fees, and expenses
resulting from:
1. N:- ... - - .... - . . .... . LI - .•. .•,. .... - - ..
exception):
2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments or protrusions, or any overlapping
of improvements. Company has approved the current land title survey and upon request, and payment of any
promulgated premium,this item will be amended in the policy(ies)to be issued to read: 'shortages in area'.
3. Homestead or community property or survivorship rights, if any, of any spouse of any insured. (Applies to the Owner's
Policy only.)
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.
(Applies to the Owner's Policy only.)
5. Standby fees, taxes and assessments by any taxing authority for the year 2012, 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. (If Texas Short Form Residential Loan Policy
(T-2R) is issued, that policy will substitute "which become due and payable subsequent to Date of Policy" in lieu of"for the
year and subsequent years.")
6. The terms and conditions of the documents creating your interest in the land.
7. Materials furnished or labor performed in connection with planned construction before signing and delivering the lien
document described in Schedule A, if the land is part of the homestead of the owner. (Applies to the Loan Title Policy
Binder on Interim Construction Loan only, and may be deleted if satisfactory evidence is furnished to us before a binder is
issued.)
8. Liens and leases that affect the title to the land,but that are subordinate to the lien of the insured mortgage. (Applies to Loan
Policy(T-2)only.)
FORM T-7: Commitment for Title Insurance Page 4
Continuation of Schedule B GF No.28265
9. The Exceptions from Coverage and Express Insurance in Schedule B of the Texas Short Form Residential Loan Policy
(T-2R). (Applies to Texas Short Form Residential Loan Policy (T-2R) only. Separate exceptions I through 8 of this
Schedule B do not apply to the Texas Short Form Residential Loan Policy(T-2R).
10. 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. Any easement that may affect the property, such as roadways, sewer,telephone, water and/or telephone and
electrical lines.
b. Any portion of subject property lying within the boundaries of a public or private roadway whether
dedicated or not, including a 0.41 acre portion of land lying in the Barron Cut-Off Road right-of-way, as
shown on a survey made under the supervision of S.M.Kling;R.P.L.S.No.2003,dated June,2003.
c. This policy does not cover any claim or rights in and to an; portion of subject property lying between the
fence and the property line on the upper and lower southwesterly portions of the tract as shown on survey
dated June,2003 prepared by S.M.Kling,R.P.L.S.No.2003.1
d. Abandoned well pad in the westerly portion of the tract, as shown and noted on survey dated June, 2003
prepared by S.M.Kling,R.P.L.S.No.2003.
e. Easement for pipe lines as shown in instrument from W. S. Barron and Verna F.Barron to Sinclair Refining
Company, dated October 6, 1947 and recorded in Volume 132, page 123, Deed Records of Brazos County,
Texas.
f. Easement for water pipe lines as shown in instrument from Wayne A. Dunlap and Thomas L. Brown to
Wellborn Water Supply Corporation, dated January 12, 1972 and recorded in Volume 303, page 296,Deed
Records of Brazos County,Texas.
g. Easement for electric transmission as shown in instrument from Wayne A. Dunlap and Thomas L. Brown to
City of Bryan, Texas, dated February 19, 1976 and recorded in Volume 350, page 130, Deed Records of
Brazos County,Texas.
h. Easement for electric transmission as shown in instrument from Wayne A. Dunlap and Thomas L. Brown to
City of Bryan,Texas,dated March 31, 1981 and recorded in Volume 479,page 267,Deed Records of Brazos
County,Texas.
i. Easement for pipe lines as shown in instrument from Wayne A. Dunlap and Thomas L. Brown to Producers
Gas Company, dated July 27, 1981 and recorded in Volume 534, page 88, Deed Records of Brazos County,
Texas and partially released in instrument dated January 16,12013 and recorded in Volume 11138, page 38 of
the Official Public Records of Brazos County,Texas.
j. Assignment from Lear Petroleum Corporation, BP Gas Transmission Company, and BP Gas Gathering
Company to Hanover Energy, Inc., dated September 21, 1988, recorded in Volume 1076, page 304, Official
Records of Brazos County,Texas.
k. Assignment from Hanover Energy, Inc. to Southwestern Gas Pipeline, Inc., dated February 28, 1989,
recorded in Volume 1135,page 473,Official Records of Brazos County,Texas.
1. Easement for telephone communications as shown in instrument from Wayne Dunlap, Beverly J. Furrer,
Patricia J. Vogel, and Thomas L. Brown, Jr. to Williams Communications, Inc., dated August 10, 1999 and
recorded in Volume 3621,page 334,Official Records of Brazos County,Texas.
FORM T-7: Commitment for Title Insurance Page 5
Continuation of Schedule B GF No. 28265
m. Easement for telephone communications as shown in instrument from Wayne Dunlap, Beverly J. Furrer,
Patricia J. Vogel, and Thomas L. Brown, Jr. to Williams Communications, Inc., dated August 23, 1999 and
recorded in Volume 3621,page 341,Official Records of Brazos County,Texas.
n. Easement for telephone communications as shown in instrument from Wayne Dunlap, Beverly J. Furrer,
Patricia J. Vogel, and Thomas L. Brown, Jr. to Williams Communications, Inc., dated August 30, 1999 and
recorded in Volume 3621,page 345,Official Records of Brazos County,Texas.
o. Easement for telephone communications as shown in instrument from Wayne Dunlap, Beverly J. Furrer,
Patricia J. Vogel, and Thomas L. Brown, Jr. to Williams Communications, Inc., dated August 19, 1999 and
recorded in Volume 3622,page 1,Official Records of Brazos County,Texas.
p. Temporary Easement as set out in instrument from Wayne Dunlap, Beverly J. Furrer,Patricia J. Vogel, and
Thomas L.Brown,Jr. to The State of Texas„ dated April 19,2004 and recorded in Volume 6060, page 109,
Official Records of Brazos County,Texas.
q. Easement granted to City of College Station, Texas by BCS Development Company as set out in instrument
dated August 20, 2007, recorded in Volume 8250, Page 105 of the Official Public Records of Brazos County,
Texas.
r. Groundwater Rights Warranty Deed dated September 4, 2012 from BCS Development Company to DWP
Mineral and Water Interests, LLC as set in instrument recorded in Volume 10903, Page 242 of the Official
Public Records of Brazos County,Texas and all terms, conditions and stipulations contained therein. Title to
these rights haS not been investigated subsequent to date thereof.
s. Royalty interest in the oil, gas and other minerals in and under the herein described property reserved in
deed from Verna F. Barron to James L. Gilliam dated August 15, 1957, recorded in Volume 183, page 569,
Deed Records of Brazos County, Texas. Title to this interest not investigated subsequent to date of said
instrument.
t. Estate created by oil, gas and mineral lease granted to Colonial Royalties Company by B. J. Carter and
wife,Jerry Carter in instrument dated April 3, 1962 and recorded in Volume 16,page 583 of the Oil,Gas and
Mineral Lease 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.
u. Estate created by oil,gas and mineral lease granted to Jack W. Lester, Sr. by Wayne A. Dunlap and Thomas
L. Brown in instrument dated June 1, 1970 and recorded in Volume 21,page 333 of the Oil, Gas and Mineral
Lease 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.
v. Estate created by oil, gas and mineral lease granted to Cities Service Company by Thomas L. Brown in
instrument dated October 20, 1976 and recorded in Volume 124, page 385 of the Oil, Gas and Mineral Lease
Records of Brazos County, Texas, and all terms, conditions Viand stipulations contained therein. Title to this
Iease has not been investigated subsequent to date thereof.
w. Estate created by oil, gas and mineral lease granted to Cities Service Company by Wayne A. Dunlap and Jill
Mary Dunlap in instrument dated October 20, 1976 and recorded in Volume 24, page 517 of the Oil, Gas and
Mineral Lease 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.
x. Estate created by oil,gas and mineral lease granted to Commadore Oil & Gas,Inc. by Wayne A.Dunlap and
Jill Mary Dunlap in instrument dated July 5, 1983 and recorded in Volume 89, page 533 of the Oil, Gas and
Mineral Lease 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.
II
FORM T-7: Commitment for Title Insurance Page 6
Continuation of Schedule B GF No.28265
y. Estate created by oil, gas and mineral lease granted to Edco Energy, Inc. by Ronald Furrer and Beverly
Furrer in instrument dated October 21,1991 and recorded in Volume 1379,page 90 of the Official 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.
z. Estate created by oil, gas and mineral lease granted to Edco)Energy, Inc. by Thomas L. Brown and Crystal
Brown in instrument dated October 21, 1991 and recorded in Volume 1393, page 184 of the Official 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.
aa. Estate created by oil, gas and mineral lease granted to Edco Energy,Inc. by Wayne A. Dunlap and Jill Mary
Dunlap in instrument dated October 21, 1991 and recorded in Volume 1674, page 156 of the Official 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.
bb. Estate created by oil,gas and mineral lease granted to Edco Energy,Inc. by Richard F.Vogel and Patricia J.
Vogel in instrument dated October 21,1991 and recorded in Volume 1674,page 161 of the Official 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.
cc. Rights of parties in possession.
FORM T-7: Commitment for Title Insurance Page 7
COMMITMENT FOR TITLE INSURANCE
Issued By
Old Republic National Title Insurance Company
SCHEDULE C
Your Policy will not cover loss,costs, attorneys'fees, and expenses resulting from the following requirements that will appear as
Exceptions in Schedule B of the Policy,unless you dispose of these matters to our satisfaction,before the date the Policy is issued:
1. Documents creating your title or interest must be approved by us and must be signed,notarized and filed for record.
2. Satisfactory evidence must be provided that:
a. no person occupying the land claims any interest in that land against the persons named in paragraph 3 of Schedule
A,
b. all standby fees,taxes, assessments and charges against the property have been paid,
c. all improvements or repairs to the property are completed and accepted by the owner, and that all contractors,
subcontractors, laborers and suppliers have been fully paid, and that no mechanic's, laborer's or materialmen's liens
have attached to the property,
d. there is legal right of access to and from the land,
e. (on a Loan Policy only)restrictions have not been and will not be violated that affect the validity and priority of the
insured mortgage.
3. You must pay the seller or borrower the agreed amount for your property or interest.
4. Any defect, lien or other matter that may affect title to the land or interest insured, that arises or is filed after the effective
date of this Commitment.
5. We require a transfer of the lien as set out in the Deed of Trust from BCS Development to Wayne Dunlap,Beverly
Furrer,Patricia Vogel and Thomas L.Brown,Jr. recorded in Volume 7088,page 252 of the Official Public Records
of Brazos County,Texas. Transferee to be Bank&Trust of Bryan/College Station. Said Deed of Trust has been
partially released as to 16.754 acres as set out in Release of Lien datedlOctober 17,2011 and recorded in Volume
10433,Page 227 of the Official Public Records of Brazos County,Texas.
6. Deed of Trust dated October 17,2011 from BCS Development Company to Ivan M.Olson,Trustee,securing the
payment of one note of even date therewith in the principal sum of$1,441,200.00,and any other amounts payable
under the terms thereof,payable to The Bank&Trust of Bryan/College Station,filed for record with the County
Clerk of Brazos County,Texas,on October 18,2011,recorded in Volume 10379,page 29 of the Official Public
Records of Brazos County,Texas.
7. Extension of Real Estate Note and Lien in instrument dated April 30,2013,recorded in Volume 11363,page 268,
Official Public Records,Brazos County,Texas,between BCS Development Company and The Bank&Trust of
Bryan/College Station.
i
8. Extension of Real Estate Note and Lien in instrument dated July 30,2013,recorded in Volume 11580,page 11,
Official Public Records,Brazos County,Texas,between BCS Development Company and The Bank&Trust of
Bryan/College Station.
Countersigned
Aggieland Title Company
By dgarors•
FORM T-7: Commitment for Title Insurance Page 8
COMMITMENT FOR TITLE INS U CE
SCHEDULE D
GF No.28265 I Effective Date:November 11,2013, 07:00 am
Pursuant to the requirements of Rule P-21,Basic Manual of Rules,Rates and Forms for the writing of Title Insurance in the State of
Texas,the following disclosures are made:
1. The following individuals are directors and/or officers,as indicated,of the Title Insurance Company issuing this Commitment
DIRECTORS OF OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
HARRINGTON BISCHOF DENNIS P.VAN MIEGHEM
JOHN M.DIXON JAMES A.KELLOGG
JAMES HELLAUER RANDE K.YEAGER
ARNOLD L.STEINER CHARLES F.TIITERTON
A.C.ZUCARO LEOi E.KNIGHT,JR.
STEVE R.WALKER FREDERICKA TAUBITZ
OFFICERS OF OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
MARK BILBREY,President RANDE K.YEAGER, Chairman and CEO
GARY J.HORN,Executive Vice President MARK M.BUDZINSKI,Executive Vice President
R WAYNE SHUPE,Executive Vice President PATRICK A.CONNOR,Executive Vice President
CHERYL JONES,Executive Vice President MIKE TARPEY,Vice President,Treasurer
CHARLES KOVALESKI,Executive Vice President ROBERT J.CHAPMAN,Executive Vice President
STEPHEN C.WILSON,Executive Vice President,Vice DANIEL M. WOLD, Sr.Vice President, Secretary,
Chairman General Council
JOHN A.MAGNESS,Executive Vice President
Shareholders owning,controlling or holding,either personally or beneficially, 10%or more of the shares of Old
Republic National Title Insurance Company as the last day of the year preceding the date herein above set forth
are as follows: Old Republic National Title Insurance Company-100%,a wholly owned subsidiary of Old
Republic Title Insurance Group,Inc.,a wholly owned subsidiary of!Old Republic International Corporation.
2. The following disclosures are made by the Title Insurance Agent issuing this Commitment:Aggieland Title Company
Owners Directors Officers
Page D.Thornton Page D.Thornton Page D.Thornton,President
J.Fred Bayliss Page D.Thornton, Secretary
Page D.Thornton,Treasurer
Page D.Thornton,Office Manager
Tebbi S.Mayes, Office Co-Manager
3. You are entitled to receive advance disclosure of settlement charges in connection with the proposed transaction to which this
commitment relates. Upon your request, such disclosure will be made to you. Additionally, the name of any person, firm or
corporation receiving a portion of the premium from the settlement of this transaction will be disclosed on the closing or
settlement statement.
You are further advised that the estimated title premium*is:
Owner's Policy $0.00
Loan Policy 1$7,178.80
Endorsement Charges $75.00
Other $0.00
Total $7,253.80
Of this total amount: 15%will be paid to the policy issuing Title Insurance Company: 85%will be retained by the issuing Title
Insurance Agent;and the remainder of the estimated premium will be paid to other parties as follows:
Amount To Whom For Services
" *The estimated premium is based upon information furnished to us as of the date of this Commitment for Title Insurance. Final
determination of the amount of the premium will be made at closing in accordance with the Rules and Regulations adopted by the
Commissioner of Insurance."
FORM T-7: Commitment for Title Insurance Page 1
DELETION OF ARBITRATION PROVISION
(Not applicable to the Texas Residential Owner's Policy)
Arbitration is a common form of alternative dispute resolution. It can be a quicker and cheaper means to
settle a dispute with your Title Insurance Company. However,if you agree to arbitrate,you give up your right
to take the Title Company to court and your rights to discovery of evidence may be limited in the arbitration
process. In addition,you cannot usually appeal an arbitrator's award.
Your policy contains an arbitration provision (shown below). It allows you or the Company to require
arbitration if the amount of insurance is $2,000,000 or less. If you want to retain your right to sue the
Company in case of a dispute over a claim,you must request deletion of the arbitration provision before
the policy is issued. You can do this by signing this form and returning it to the Company at or before
the closing of your real estate transaction or by writing to the Comiany.
The arbitration provision in the Policy is as follows:
"Either the Company or the Insured may demand that the claim or controversy shall be submitted to arbitration
pursuant to the Title Insurance Arbitration Rules of the American Land Title Association("Rules"). Except as
provided in the Rules,there shall be no joinder or consolidation with claims or controversies of other persons.
Arbitrable matters may include, but are not limited to,any controversy or claim between the Company and the
Insured arising out of or relating to this policy, any service in connection with its issuance or the breach of a
policy provision, or to any other controversy or claim arising out of the transaction giving rise to this policy.
All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of
either the Company or the Insured,unless the Insured is an individual person(as distinguished from an Entity).
All arbitrable matters when the Amount of Insurance is in excess of 2,000,000 shall be arbitrated only when
agreed to by both the Company and the Insured. Arbitration pursuant Ito this policy and under the Rules shall
be binding upon the parties. Judgment upon the award rendered by the Arbitrator(s) may be entered in any
court of competent jurisdiction."
SIGNATURE DATE
• �I
FORM T-7: Commitment for Title Insurance Page 1