HomeMy WebLinkAboutTitle Report TITLE REPORT for UNIVERSITY TITLE COMPANY
1021 University Dr.East,College Station,Texas 77840
G.F.No.: 00083763
Certification Date: August 28,2008
Examiner: NBD
Property Description:
Being all that certain tract of land lying and being situated in the Andrew McMahon Survey,Abstract No.
167,Brazos County,Texas. Said tract being the remainder of a called 22.9 acre tract as described by a
Distribution Deed to Billie June Reece,Kathleen Dudley and Carolyn Matheson recorded in Volume 6889,
Pages 190 and 193 of the Official Records of Brazos County,Texas. Said remainder of 22.9 acre tract being
the remainder of a called 11.984 acre tract described in Volume 305,Page 187 of the Deed Records of
Brazos County,Texas,and the remainder of a called 15.98 acre tract described in Volume 281,Page 231,of
the Deed Records of Brazos County,Texas.
Said tract being more particularly described by metes and bounds as follows:
BEGINNING at a 1/2 inch iron rod found on the northwest line of Greens Prairie Road (a county
maintained public road)marking the south corner of said remainder of 22.9 acre tract and the southeast
corner of Lot 3A,Benjamin Graham Subdivision,according to the plat recorded in Volume 2463,Page 329
of the Official Records of Brazos County,Texas;
THENCE: along the common line of said remainder of 22.9 acre tract and said Lot 3A for the following
calls:
N 03°27'00"W for a distance of 725.85 feet to a 1/2 inch iron rod found;
S 88°03'03"E for a distance of 16.92 feet to a 1/2 inch iron rod found;
N 03°34'22"W for a distance of 119.54 feet to a 1/2 inch iron rod found marking the northeast corner of
said Lot 3A and the southeast corner of a called 3.42 acre tract owned by Donald and Martha Royder
according to the Brazos County Appraisal District;
THENCE: N 03°35'56" W along the common line of said remainder of 22.9 acre tract for a distance of
329.01 feet to a 5/8 inch iron pipe found marking the south corner of a called 11.18 acre tract as described
by a Deed to Walter W.Ruoff,Jr. and wife,Lynn M.Ruoff,recorded in Volume 1694,Page 111,of the
Official Records of Brazos County,Texas;
THENCE:N 43°06'08"E along the common line of said remainder of 22.9 acre tract and said 11.18 acre
tract for a distance of 300.73 feet to a 1/2 inch iron rod found marking the common corner of said 11.984
acre tract and said 15.98 acre tract;
THENCE:N 42°39'06"E continuing along the common line of said remainder of 22.9 acre tract and said
11.18 acre tract for a distance of 496.70 feet to a 5/8 inch iron rod found marking the west corner of Block
1,Turnberry Place Subdivision, according to the plat recorded in Volume 4168,Page 77 of the Official
Records of Brazos County,Texas;
THENCE:along the common line of said remainder of 22.9 acre tract and Lots I -4,Block 1,Turnberry
Place,for the following calls:
S 47°40'04"E fora distance of 182.99 feet to a 5/8 inch iron rod found marking the common corner of said
Lot 4 and Lot 3;
S 47°46'42"E for a distance of 256.81 feet to a 5/8 inch iron rod found marking the common corner of said
Lot 3 and Lot 2;
S 47°48'00"E for a distance of 200.06 feet to a 5/8 inch iron rod found marking the common corner of said
Lot 2 and Lot 1;
S 47°43'59"E for a distance of 191.71 feet to a 518 inch iron rod found marking the south corner of said
Lot 1;
THENCE:S 48°54'07"E along the northeast line of said remainder of 22.9 acre tract for a distance of 8.13
feet to a 6 inch fence corner post found on the northwest line of Greens Prairie Road marking the east
corner of said remainder of 22.9 acre tract;
THENCE:S 42°55'42"W along the northwest line of Greens Prairie Road for a distance of 617.80 feet to a
5/8 inch iron rod set marking the east corner of the remainder of a called 0.861 acre tract as described by a
i aces
10 .14-14
Deed to Augustine E.Palmisano and Donna L.Pahnisano recorded in Volume 7479,Page 230 of the Official
Records of Brazos County,Texas;
THENCE:N 48°02'56"W along the common line of said remainder of 22.9 acre tract and said remainder
of 0.861 acre tract for a distance of 143.42 feet to a 1/2 inch iron rod found marking the north corner of said
remainder of 0.861 acre tract;
173LNCE:S 41°57'04"W continuing along the common line of said remainder of 22.9 acre tract and said
remainder of 0.861 acre tract for a distance of 300.21 feet to a 1/2 inch iron rod found marking the west
corner of the remainder of a called tract of land as described by a Deed to Lone Star Gas Company
recorded in Volume 148,Page 226 of the Deed Records of Brazos County,Texas;
THENCE:S 48°02'56"E along the common line of said remainder of 22.9 acre tract and said remainder of
Lone Star Gas tract for a distance of 138.29 feet to a 5/8 inch iron rod set on the northwest line of Green
Prairie Road;
TWI.NCE:S 42°55'42"W along the northwest line of Green Prairie Road for a distance of 709.96 feet to
the POINT OF BEGINNING containing 22.418 acres of land,more or less.
SAVE AND EXCEPT:
Metes and bounds description of all that certain tract of land lying and being situated in the Andrew
McMahon Survey,Abstract No.167,Brazos County,Texas.Said tract being a portion of a called 22.418
acre tract as described by a deed to Creek Meadows Partners,L.P.recorded in Volume 7633,Page 239 of
the Official Public Records of Brazos County,Texas.
Said tract being more particularly described by metes and bounds as follows:
BEGINNING at a 1/2 inch iron rod found on the northwest line of Greens Prairie Road (a county
maintained public road)marking the southwest corner of said 22.418 acre tract and the southeast corner of
Lot 3A,Benjamin Graham Subdivision,according to the plat recorded in Volume 2463,Page 329 of the
Official Public Records of Brazos County,Texas;
THENCE:Along the common line of said 22.418 acre tract and said Lot 3A for the following calls:
N 03°27'00"W for a distance of 725.85 feet to a 1/2 inch iron rod found;
S 88°03'03"E for a distance of 16.92 feet to a 1/2 inch iron rod found;
N 03°34'22"W for a distance of 26.58 feet to a 518 inch iron rod set marking the north corner of this
herein described tract,for reference a 1/2 inch iron rod found marking the northeast corner of said Lot 3A
bears: N 03°34'22"W for a distance of 92.96 feet;
THENCE:Through said 22.418 acre tract for the following calls:
S 42°39'53"E for a distance of 368.04 feet to a 5/8 inch iron rod set;
S 42°55'42"W for a distance of 144.63 feet to a 5/8 inch iron rod set;
S 03°27'00"E for a distance of 227.93 feet to a 5/8 inch iron rod set on the northwest line of Greens Prairie
Road marking the southeast corner of the herein described tract;
THENCE:S 42°55'42"W along the northwest line of Greens Prairie Road for a distance of 200.00 feet to
the POINT OF BEGINNING containing 230 acres of land,more or less.
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 or quantity of land is not a representation that such
area or quantity is correct,but is made only for informational and/or identification purposes.
Title Vested In:
Creek Meadows Partners,L.P.
Vesting Deed to owners shown herein was dated October 5,2006 and recorded in Volume 7633,Page 239,
Official Records,Brazos County,Texas.
Subject To:
Deed of Trust to secure a Note:
Grantor: Creek Meadows Partners,L.P.
Trustee: Timothy C.Jones
Beneficiary: First Victoria National Bank
Amount: $1,214,487.00
Dated: December 21,2007
Recorded: Volume 8398,Page 70,Official Records,Brazos County,Texas.
Restrictions:
None of Record
Exceptions:
10'Telephone Easement:
From: John W.Holick,et ux
To: General Telephone Company of the Southwest
Dated: September 7,1984
Recorded: Volume 735,Page 202,Official Records,Brazos County,Texas.
10'Easement:
From: John W.Holick,et us
To: GTE Southwest,Incorporated
Dated: March 5,1990
Recorded: Volume 1188,Page 185,Official Records,Brazos County,Texas.
Easement:
From: John W.Holick,et ux
To: County of Brazos
Dated: August 1,1990
Recorded: Volume 1201,Page 336,Official Records,Brazos County,Texas.
Blanket Easement:
From: Johnnie W.Holick,et us
To: Wellborn Special Utility District
Dated: September 8,1999
Recorded: Volume 3645,Page 274,Official Records,Brazos County,Texas.
Blanket Easement:
From: J.W.McCulloch,et al
To: Lone Star Gas Company
Dated: December 19,1952
Recorded: Volume 148,Page 478,Deed Records,Brazos County,Texas.
Blanket Easement:
From: J.W.McCulloch,et al
To: Lone Star Gas Company
Dated: May 25,1959
Recorded: Volume 198,Page 59,Deed Records,Brazos County,Texas.
Blanket Easement:
From: John W.Holick,et us
To: City of Bryan
Dated: October 5,1972
Recorded: Volume 310,Page 314,Deed Records,Brazos County,Texas.
Blanket Easement:
From: John W.Bolick,et ux
To: City of Bryan
Dated: June 9,1977
Recorded: Volume 378,Page 194,Deed Records,Brazos County,Texas.
Easement:
From: Creek Meadows Partners,L.P.
To: City of College Station
Dated: December 11,2007
Recorded: Volume 8400,Page 209,Official Records,Brazos County,Texas.
Easement:
From: Creek Meadows Partners,L.P.
To: City of College Station
Dated: July 16,2007
Recorded: Volume 8127,Page 260,Official Records,Brazos County,Texas.
Terms,Conditions,and Stipulations in the Pre-Development and Easement Agreement by and between:
Parties: Creek Meadows Partners,L.P.and E.Hubbard Kennady Family Limited Partnership
Dated: April 30,2007
Recorded: Volume 7944,Page 208,Official Records,Brazos County,Texas,
Minerals and/or Royalties:
Mineral Reservation in Deed with Waiver of Surface Rights:
By: Billie June Reece,et al
To: Creek Meadows Partners,L.P.
Dated: October 5,2006
Recorded: Volume 7633,Page 239,Official Records,Brazos County,Texas. Title to said interest has not
been investigated subsequent to the date of the aforesaid instrument.
Oil and Gas Lease,and all terms,conditions and stipulations therein:
Lessor: John W.Bolick,et ux
Lessee: Getty Oil Company
Dated: August 23,1978
Recorded: Volume 33,Page 354,Oil&Gas Lease Records,Brazos County,Texas. Title to said interest has
not been investigated subsequent to the date of the aforesaid instrument.
Upon examination of the public records of Brazos County,Texas,we find no exception to title of the subject
property other than those shown above. This Title Report is issued with the express understanding,evidenced by
acceptance of same,that the liability of the undersigned is limited to the actual monetary consideration paid for
same.
University Title Company
rre•o
(RDF)
Continuation of Schedule A Policy No. TO 1182613
THENCE N 47°33'46"W along the common line of said Townsend and Vance 1 acre tracts for a distance of 209.00
feet to a 5/8-inch iron rod set for the east corner of a called 1 acre tract described by a deed to Tommie Townsend
recorded in Volume 120,page 217(B.C.D.R.)and a southwest corner of a called remainder of a 1 acre tract as
described by a deed to Walter Hudlin,Will Hudlin and wife,Mary E.Hudlin,recorded in Volume 221,page 153
(B.C.D.R.);
THENCE N 42°26' 14"E along the common line of said Vance 1 acre tract and said Hudlin tract for a distance of
22.17 feet to a 5/8-inch iron rod set for the east corner of a called 0.622 acre tract as described by a deed to Andrew
Chambers and wife,Tommie Dell Chambers,recorded in Volume 562,page 476(B.C.D.R.),for reference a 1/2-inch
iron rod found marking the west corner of said 0.622 acre tract bears N 49°10'54 W at a distance of 49.64 feet;
THENCE along the common line of said 0.622 acre tract and said Vance 1 acre tract for the following two(2)calls:
1) S 49°10'54"E for a distance of 51.62 feet to a 1/2-inch iron rod found and
2) N 40°58'56"E for a distance of 262.73 feet to a 1/2-inch iron rod found bent;
THENCE N 41°42'31"W for a distance of 100.00 feet to a point in the centerline of a private road;
THENCE along said private road for the following two(2)calls:
1) N 37°25' 18" W for a distance of 97.02 feet to a point and
2) N 44°10'49"W for a distance of 213.79 feet to a 5/8-inch iron rod set in the southeast line of said Greens
Prairie Road(a County maintained Public Road);
THENCE N 43°08'29"E along the southeast line of said Greens Prairie Road for a distance of 1233.11 feet to the
POINT OF BEGINNING and containing 171.043 acres of land,more or less.
Tract Two:
All that certain tract of land lying and being situated in the JESSE BLEDSOE SURVEY,Abstract No.71,and the
SAMUEL DAVIDSON LEAGUE,Abstract No.13,Brazos County,Texas. Said tract being a portion of a called
262.55 acre tract described as Tract Seven by a Deed to VRV Partners recorded in Volume 1175,page 653 of the
Official Records of Brazos County,Texas,and a portion or a called 102 acre tract as described by a deed to Betty V.
Goss,B.F.Vance,Jr.and William R Vance,Trustees of the VRV Trust,recorded in Volume 1020,page 325 of the
Official Records of Brazos county,Texas.
Said tract being more particularly described by metes and bounds as follows:
BEGINNING at a 5/8 inch iron rod found on the southwest line of Woodlake Subdivision,Section One,according to
the Plat recorded in Volume 410,page 415 of the Deed Records of Brazos County,Texas,said iron rod found
marking the east corner of said 262.55 acre tract and the north corner of a called 50 acre tract as described by a deed
to Mary Turner and Wanda Goss,recorded in Volume 2327,page 107 of the Official Public Records of Brazos
County,Texas;
THENCE S 42°23' 18"W along the common line of said 262.55 acre tract and said 50 acre tract for a distance of
2583.88 feet to a 5/8 inch iron rod found on the fenced northeast line of Royder Road;
THENCE along the fenced northeast line of Royder Road for the following calls:
N 49°54' 12"W for a distance of 162.76 feet to a point;
N 53°19'39"W for a distance of 231.81 feet to a point;
Old Republic National Title Insurance Company Page 3
Continuation of Schedule A Policy No. TO 1182613
N 54°27'00" W for a distance of 149.54 feet to a point;
N 51°59'03"W for a distance of 261.98 feet to a 5/8 Inch iron rod set on the easterly line of Greens Prairie
Trail,marking the beginning of a clockwise curve having a Radius of 35.00 feet;
THENCE Along the easterly line of Greens Prairie Trail for the following calls:
Along said curve through a central angle of 93°58'27"for an arc distance of 57.41 feet(Chord bears: N 04°
37'12"W-51.18 feet)to a 5/8 inch iron rod set marking the ending point of said curve.
N 42°22'02"E for a distance of 182.81 feet to a 5/8 inch iron rod set marking the beginning of a
counterclockwise curve having a Radius of 1004.93 feet;
Along said curve through a central angle of 47°05'23"for an arc distance of 825.92 feet(Chord Bears: N
18°49'20"E-802.87 feet)to a 5/8 inch iron rod set marking the ending point of said curve;
N 04°43' 21"W for a distance of 1452.01 feet to a 5/8 inch iron rod set marking the beginning of a clockwise
curve having a Radius of 910.00 feet;
Along said curve through a Central Angle of 46°35' 16" for an arc distance of 739.93 feet(Chord Bears: N
18°34'17"E-719.71 feet)to a point on the southwest line of Woodlake Subdivision,Section One,marking the north
corner of this herein described tract:
THENCE Along the common line of said 262.55 acre tract and Woodlake Subdivision,Section One,for the following
calls:
S 48°47'53"E for a distance of 339.63 feet to a 3/8 inch iron pipe found;
S 48°28'25"E for a distance of 411.75 feet to a 1/2 inch iron rod found;
S 49°07'32"E for a distance of 430.31 feet to a 1/2 inch iron rod found;
S 49°00'25"E for a distance of 554.20 feet to a 3/8 inch iron pipe found:
S 48°41' 19"E for a distance of 621.03 feet to a 1/2 inch iron rod found;
S 48"03'04"E for a distance of 159.58 feet to the POINT OF BEGINNING,containing 96.00 acres of land,
more or less.
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 or quantity of land is not a representation that such area or quantity is
correct,but is made only for informational and/or identification purposes and does not override item No.2 of
Schedule B.
Old Republic National Title Insurance Company Page 4
OWNER POLICY OF TITLE INSURANCE
SCHEDULE B
G.F.No.21282
Policy No. TO 1182613
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:
exer•
t: n).
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.
5. Standby fees,taxes and assessments by any taxing authority for the year 2006,and subsequent years;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. Vendor's lien retained in deed dated December 15,2005,recorded in Volume 7068,page 220,of the Official
Records of Brazos County,Texas from VRV Partners,a Texas partnership to Creek Meadows Partners,L.P.
for the benefit of First Victoria National Bank as therein provided and all of the terms,provisions and
conditions of said instrument.
b. Deed of Trust/Security Agreement-Financing Statement dated December 15,2005,recorded in Volume 7068,
page 227,of the Official Records of Brazos County,Texas executed by Creek Meadows Partners,L.P.to
Timothy C.Jones,Trustee,for the benefit of First Victoria National Bank as therein provided,and all of the
terms,provisions and conditions of said instrument.
c. Mineral Reservation as set out in deed dated December 15,2005 from VRV Partners,a Texas partnership to
Old Republic National Title Insurance Company Page 1
Continuation of Schedule B Policy No. TO 1182613
Creek Meadows Partners,L.P.,recorded in Volume 7068,page 220, Official Records of Brazos County,
Texas.Title to this interest not investigated subsequent to date of said instrument.
d. Easements or claims of easements which are not recorded in the public records of Brazos County,Texas.
e. Any portion of subject property lying within the boundaries of a public or private roadway whether
dedicated or not.
f. The policy will not cover and no liability is assumed for any portion of subject property which lies outside the
perimeter fence of said property.
g. Easement granted to Lone Star Gas Company by A.&M.Consolidated Independent School District as set
out in instrument dated January 8,1951,recorded in Volume 148,page 479 of the Deed Records of Brazos
County,Texas. (as to that portion out of the 2.7 acre tract,262/107)
h. Easement granted to Lone Star Gas Company by B.F.Vance as set out in instrument dated March 20,1951,
recorded in Volume 148,page 491 of the Deed Records of Brazos County,Texas.
i. Easement granted to the City of Bryan by B.F.Vance as set out in instrument dated April 23,1956,recorded
in Volume 174,page 167 of the Deed Records of Brazos County,Texas. (as to that portion out of the 102 acre
parent tract)
j. Easement granted to Wellborn Water Supply Corporation by Mrs.Vonnie Ray Vance as set out in
instrument dated September 30,1968,recorded in Volume 273,page 180 of the Deed Records of Brazos
County,Texas.
k. Easement granted to Wellborn Water Supply Corporation by Mrs.Vonnie Ray Vance as set out in
instrument dated July 30,1971,recorded in Volume 303,page 371 of the Deed Records of Brazos County,
Texas.
1. Easement granted to Seminole Pipeline Company by Vonnie Ray Vance as set out in instrument dated
December 27,1981,recorded in Volume 508,page 709 of the Deed Records of Brazos County,Texas.
m. Easement together with a Relocation Agreement granted to Seminole Pipeline Company by VRV Partners
and the County of Brazos as set out in instrument dated August 26,1996,recorded in Volume 2690,page 165,
and supplemented in Agreement dated January 6,1997,recorded in Volume 2751,page 179 of the Official
Public Records of Brazos County,Texas.
n. Easement granted to Wellborn Special Utility District by VRV Partners as set out in instrument dated
October 8,1999,recorded in Volume 3645,page 276 of the Official Public Records of Brazos County,Texas.
o. Easement granted to Wellborn Special Utility District by VRV Partners as set out in instrument dated March
3,1999,recorded in Volume 3645,page 284 of the Official Public Records of Brazos County,Texas. (as to
that portion lying within the 102 acre parent tract)
p. Easement granted to Wellborn Special Utility District by VRV Partners as set out in instrument dated March
19,1999,recorded in Volume 3645,page 286 of the Official Public Records of Brazos County,Texas.
q. Conveyance of mineral&royalty interest from Vonnie Ray Vance to Betty V.Goss,B.J.Vance,Jr.and
William R.Vance as set forth in instrument dated August 1,1979,recorded in Volume 430,page 385 of the
Deed Records of Brazos County,Texas.Title to said interest has not been investigated subsequent to date
thereof.
r. Conveyance of mineral interest from Vonnie Ray Vance to Betty V.Goss,B.F.Vance,Jr. and William R.
Old Republic National Title Insurance Company Page 2
Continuation of Schedule B Policy No. TO 1182613
Vance as set forth in instrument dated January 31, 1980,recorded in Volume 445,page 12 of the Deed
Records of Brazos County,Texas.Title to said interest has not been investigated subsequent to date thereof.
s. Conveyance of mineral interest from Vonnie Ray Vance to Betty V.Goss,B.F.Vance,Jr.and William R.
Vance as set forth in instrument dated March 12,1981 ,recorded in Volume 476,page 43 of the Deed Records
of Brazos County,Texas.Title to said interest has not been investigated subsequent to date thereof.
t. Memorandum of Oil,Gas and Hydrocarbon Lease dated January 22,1992,between VRV Partners,a Texas
General Partnership,owner of the surface estate and B.F.Vance,Jr.,William R.Vance and Betty Vance
Goss,each individually and as a partner,and WSC Oil&Gas Corporation,recorded in Volume 1427,page
184 of the Official Public Records of Brazos County,Texas. Title to said interest has not been investigated
subsequent to date thereof.
u. There is expressly excluded from coverage hereunder,and this Company does not insure title to oil,gas and
other minerals of every kind and character in,on and under the property herein described.
v. Rights of parties in possession.
Countersigned
Aggieland Title Company
By �— �d '� . r a.�` =I`1
Old Republic National Title Insurance Company Page 3
G.F.No.21282
Old Republic National Title Insurance Company
Owner Policy Number: TO 1182613
Premium Amount Rate Rules Property County Liability Date
Type Code
1 2 3 4 5 6 7 8
$16,728.00 1200 41 $3,403,842.00 12/19/2005
3210
0700
0710
CERTIFICATE OF AMENDMENT
TO THE
CERTIFICATE OF LIMITED PARTNERSHIP
OF
CREEK MEADOWS PARTNERS,L.P.
Pursuant to the provisions of Section 3.051 of the Texas Business Organizations Code.
CREEK MEADOWS PARTNERS. L.P., a Texas limited partnership (the "Limited Partnership").
files the tbllo'a ing Certificate of Amendment to its Certificate of Limited Partnership.
ARTICLE I.
The name of the Limited Partnership is CREEK MEADOWS PARTNERS. L.P. The file
number issued to the Limited Partnership by the Secretary of State is 0800583397. The Certificate
of Limited Partnership for the Limited Partnership was tiled on December 13. 2005. 1'he existing
registered agent of the limited Partnership is Pat Baker. The existing registered office of the
Limited Partnership is 3988 Green Prairie Road West. College Station,Texas 77845.
ARTICLE II.
The registered agent of the Limited Partnership has been changed to R. K. Lowry, Jr. The
registered office of the Limited Partnership has been changed to 14505 Torrey Chase Blvd., Suite
205. Houston. Texas 77014.
ARTICLE Ill.
Bexco Operating. Inc.. a Colorado corporation. has resigned as general partner of the
Limited Partnership and as a result thereof Union Gas Corporation, a Texas corporation, is the sole
general partner of the Limited Partnership. The name and business address of the sole general
partner of the Limited Partnership is as follows:
Union Gas Corporation
14505 Torrey Chase Blvd. Suite 205
I louston.TX 77014
Ifl- ILLI
ARTICLE IV.
The undersigned is the sole general partner of the Partnership and has the authority to file this
Amendment.
ARTICLE V.
This document will become effective when the document is Tiled by the Secretary of
State.
On this Z eday of January. 2011, the undersigned sign this document subject to the
penalties imposed by law for the submission of a materially false or fraudulent instrument.
UNION (;AS CORPORATION,
General Partner of Creek Meadows Partners. LP.
By: _
tanda f. I.o `r r., President
TITLE REPORT for UNIVERSITY TITLE COMPANY
1021 University Dr.East,College Station,Texas 77840
G.F.No.: 00083764
Certification Date: August 28,2008
Examiner: NBD
Property Description:
Being all that tract of land in Brazos County,Texas,out of the Samuel Davidson League,A-13 Survey and a
part of the Jesse Bledsoe Survey,A-71,and being part of that First Tract of 200 acres described in a Deed
to B.F.Vance recorded in Volume 142,Page 273 of the Deed Records of Brazos County,Texas,and being
further described as follows:
BEGINNING at a 5/8"steel rod found at the intersection of the Southeast line of said 200 acres with the
Northeast line of Royder Road;
THENCE along Royder Road as follows:
North 49 degrees 54 minutes 12 seconds West,162.76 feet to a 5/8 inch steel rod found;
North 53 degrees 19 minutes 39 seconds West,231.81 feet to a 5/8 inch steel rod found;
North 54 degrees 27 minutes 00 seconds West,149.54 feet to a 5/8 inch steel rod found;
North 51 degrees 59 minutes 03 seconds West,261.75 feet to a 518 inch steel rod found;
THENCE Northwesterly,57.64 feet along a curve to the right in a transition to the Easterly right of way of
Greens Prairie Trail (100' R.O.W.) having a radius of 35.00 feet and a central angle of 94 degrees 21
minutes 05 seconds(Chord bears North 04 degrees 48 minutes 31 seconds West,51.34 feet)to a 5/8 inch
steel rod found at the point of tangency;
THENCE along Greens Prairie Trail as follows:
North 42 degrees 22 minutes 02 seconds East,182.80 feet to a 5/8 inch steel rod found at a point of curve;
Northeasterly,825.92 feet along a curve to the left having a radius of 1004.93 feet and a central angle of 47
degrees 05 minutes 23 seconds(Chord bears North 18 degrees 49 minutes 20 seconds East,802.87 feet)to a
5/8 inch steel rod found at the point of tangency;
North 04 degrees 43 minutes 21 seconds West,1452.01 feet to a 5/8 inch steel rod at a point of curve;
Northeasterly,739.93 feet along a curve to the right having a radius of 910.00 feet and a central angle of 46
degrees 35 minutes 15 seconds(Chord bears North 18 degrees 34 minutes 16 seconds East,719.71 feet)to a
point on the Northeast line of said 200 acres, being also on the Southwest line of Lot 10, Woodlake
Subdivision,Section 1 recorded in Volume 410,Page 417 of the Deed Records of Brazos County,Texas,a
1/2 inch steel rod found bearing South 48 degrees 47 minutes 53 seconds East,1.44 feet for witness;
THENCE South 48 degrees 47 minutes 53 seconds East,339.63 feet to a 1/2 inch pipe found at the South
corner of said Lot 10;
THENCE South 48 degrees 28 minutes 25 seconds East,411.75 feet to a 1/2 inch steel rod found at the
South corner of Lot 14 of said Woodlake Subdivision;
THENCE South 49 degrees 07 minutes 32 seconds East,430.31 feet to a 1/2 inch steel rod found at the
South corner of Lot 15 of said Woodlake Subdivision;
THENCE South 49 degrees 00 minutes 25 seconds East,554.20 feet to a 1/2 inch pipe found at the South
corner of Lot 32 of said Woodlake Subdivision;
THENCE South 48 degrees 41 minutes 19 seconds East,621.03 feet to a 1/2 inch steel rod found at the
South corner of Lot 35A of said Woodlake Subdivision;
THENCE South 48 degrees 03 minutes 04 seconds East,159.58 feet to a 5/8 inch steel rod found for the East
corner of said 200 acres;
THENCE South 42 degrees 23 minutes 18 seconds West (Bearing Basis), 2583.86 feet to the Point of
Beginning,containing 96.002 acres of land.
I i 4' i4
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 or quantity of land is not a representation that such
area or quantity is correct,but is made only for informational and/or identification purposes.
Title Vested In:
Creek Meadows Partners,L.P.
Vesting Deed to owners shown herein was dated December 15,2005 and recorded in Volume 7068,Page 220,
Official Records,Brazos County,Texas.
Subject To:
Deed of Trust to secure a Note:
Grantor: Creek Meadows Partners,L.P.
Trustee: Timothy C.Jones
Beneficiary: First Victoria National Bank
Amount: $1,214,487.00
Dated: December 21,2007
Recorded: Volume 8398,Page 70,Official Records,Brazos County,Texas.
Deed of Trust to secure a Note:
Grantor: Creek Meadows Partners,L.P.
Trustee: Timothy C.Jones
Beneficiary: First Victoria National Bank
Amount: $4,835,000.00
Dated: January 23,2007
Recorded: Volume 7796,Page 110,Official Records,Brazos County,Texas.
Deed of Trust to secure a Note:
Grantor: Creek Meadows Partners,L.P.
Trustee: Timothy C.Jones
Beneficiary: First Victoria National Bank
Amount: $2,975,000.00
Dated: December 15,2005
Recorded: Volume 7068,Page 227,Official Records,Brazos County,Texas.
Terms,Conditions,and Stipulations in the Modification,Rearrangement and/or Extension Agreement by and
between:
Parties: Creek Meadows Partners,L.P.and First Victoria National Bank
Dated: December 15,2007
Recorded: Volume 8398,Page 109,Official Records,Brazos County,Texas;being corrected and refiled
February 8,2008,Volume 8438,Page 186,Official Records,Brazos County,Texas.
Deed of Trust to secure a Note:
Grantor: Creek Meadows Partners,L.P.
Trustee: Timothy C.Jones
Beneficiary: First Victoria National Bank
Amount: $636,250.00
Dated: January 23,2007
Recorded: Volume 7796,Page 94,Official Records,Brazos County,Texas.
Terms,Conditions,and Stipulations in the Modification,Rearrangement and/or Extension Agreement by and
between:
Parties: Creek Meadows Partners,L.P.and First Victoria National Bank
Dated: December 15,2007
Recorded: Volume 8398,Page 97,Official Records,Brazos County,Texas;being corrected and refiled
February 8,2008,Volume 8438,Page 175,Official Records,Brazos County,Texas.
Financing Statement:
Debtor. Creek Meadows Partners,L.P.
Secured Party: First Victoria National Bank
Recorded: January 31,2007,under File No.,07-0003565844 with the Texas Secretary of State.
Restrictions:
Volume 8325,Page 198,Official Records,Brazos County,Texas.
Exceptions:
Easements and Building Lines as set out in restrictions recorded in Volume 8325,Page 198 of the Official Records
of Brazos County,Texas.
Maintenance Charges and the Lien securing the payment of the same,as set out in restrictions recorded in Volume
8325,Page 198 of the Official Records of Brazos County,Texas.
Pipeline Easement Granted:
Parties: Producers Gas Company vs.Vonnie Ray Vance
Cause#: 4-CC
Dated: December 5,1978
Recorded: Volume 7,Page 79,Condemnation Records,Brazos County,Texas.
Easement and Relocation Agreement:
From: VRV Partners and County of Brazos
To: Seminole Pipeline Company
Dated: August 26,1996
Recorded: Volume 2690,Page 165,Official Public Records,Brazos County,Texas.
Supplemented in Agreement:
Dated: January 6,1997
Recorded: Volume 2751,Page 179,Official Public Records,Brazos County,Texas.
Easement:
From: A&M Consolidated Independent School District
To: Lone Star Gas Company
Dated: January 8,1951
Recorded: Volume 148,Page 479,Deed Records,Brazos County,Texas. (as to that portion out of the 2.7
acre tract,recorded in Volume 262,Page 107,Deed Records,Brazos County,Texas.)
Easement:
From: B.F.Vance
To: City of Bryan
Dated: April 23,1956
Recorded: Volume 174,Page 167,Deed Records,Brazos County,Texas. (as to that portion out of the 102
acre parent tract)
Easement:
From: Mrs.Vonnie Ray Vance
To: Wellborn Water Supply Corporation
Dated: September 30,1968
Recorded: Volume 273,Page 180,Deed Records,Brazos County,Texas.
Easement:
From: Creek Meadows Partners,L.P.
To: City of College Station
Dated: March 13,2007
Recorded: Volume 7863,Page 79,Official Records,Brazos County,Texas.
Easement:
From: Creek Meadows Partners,L.P.
To: City of College Station
Dated: March 13,2007
Recorded: Volume 7863,Page 85,Official Records,Brazos County,Texas.
Easement:
From: Mrs.Vonnie Ray Vance
To: Wellborn Water Supply Corporation
Dated: July 30,1971
Recorded: Volume 303,Page 371,Deed Records,Brazos County,Texas.
Easement:
From: Mrs.Vonnie Ray Vance
To: Seminole Pipeline Company
Dated: December 27,1981
Recorded: Volume 508,Page 709,Deed Records,Brazos County,Texas.
Easement:
From: VRV Partners
To: Wellborn Special Utility District
Dated: October 8,1999
Recorded: Volume 3645,Page 276,Official Public Records,Brazos County,Texas.
lF
Easement:
From: VRV Partners
To: Wellborn Special Utility District
Dated: March 3,1999
Recorded: Volume 3645,Page 284,Official Public Records,Brazos County,Texas.
Easement:
From: VRV Partners
To: Wellborn Special Utility District
Dated: March 19,1999
Recorded: Volume 3645,Page 286,Official Public Records,Brazos County,Texas.
Easement:
From: Tobe Rooks
To: City of Bryan
Dated: March 4,1944
Recorded: Volume 2484,Page 316,Official Records,Brazos County,Texas.
Minerals and/or Royalties:
Mineral Deed:
By: Vonnie Ray Vance
To: Betty V.Goss,B.J.Vance,Jr.and William R.Vance
Dated: August 1,1979
Recorded: Volume 430,Page 385,Deed Records,Brazos County,Texas. Title to said interest has not been
investigated subsequent to the date of the aforesaid instrument.
Mineral Deed:
By: Vonnie Ray Vance
To: Betty V.Goss,B.J.Vance,Jr.and William R.Vance
Dated: January 31,1980
Recorded: Volume 445,Page 12,Deed Records,Brazos County,Texas. Title to said interest has not been
investigated subsequent to the date of the aforesaid instrument.
Mineral Deed:
By: Vonnie Ray Vance
To: Betty V.Goss,B.J.Vance,Jr.and William R.Vance
Dated: March 12,1981
Recorded: Volume 476,Page 43,Deed Records,Brazos County,Texas. Title to said interest has not been
investigated subsequent to the date of the aforesaid instrument.
Mineral Deed:
By: VRV Partners
To: Betty V.Goss,et al
Dated: December 15„2005
Recorded: Volume 7190,Page 1,Official Records,Brazos County,Texas. Title to said interest has not been
investigated subsequent to the date of the aforesaid instrument.
Mineral Reservation in Deed:
By: VRV Partners
To: Creek Meadows Partners,L.P.
Dated: December 15,2005
Recorded: Volume 7068,Page 220,Official Records,Brazos County,Texas. Title to said interest has not
been investigated subsequent to the date of the aforesaid instrument.
Waiver of Surface Use:
From: Betty Vance Goss,et al
To: The Public
Dated: August 31,2000
Recorded: Volume 3927,Page 85,Official Records,Brazos County,Texas. Title to said interest has not
been investigated subsequent to the date of the aforesaid instrument. (as to that portion out of 102 acres)
Oil and Gas Lease,and all terms,conditions and stipulations therein:
Lessor: VRV Partners,a Texas General Partnership,owner of the Surface Estate and B.F.Vance,
Jr.,William R.Vance and Betty Vance Goss,each Individually and as a Partner
Lessee: WSC Oil&Gas Corporation
Dated: January 22,1992
Recorded: Volume 1427,Page 184,Official Records,Brazos County,Texas. Title to said interest has not
been investigated subsequent to the date of the aforesaid instrument.
V G.L4. Jt1V LILAC VI W6 JUUJ 4Yl
property other than those shown above. This Title Report is issued with the express understanding,evidenced by
acceptance of same,that the liability of the undersigned is limited to the actual monetary consideration paid for
same.
University Tide Company
(RDF)
f
LA5+ H e re�ad�-
>R;
9/3/1,H
OWNER POLICY OF TITLE INSURANCE
Issued by
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
tT
* Policy Number TO 118 L 613
* SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED
(it
'F IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS,OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY,
a Minnesota 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 maferialman's lien for labor or material having its inception on or before Date of Policy;
4. Lack of a right to 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 HEREOF,the OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY has caused this policy to be executed by its President under the seal of
the Company, but this policy is to be valid only when it bears an authorized countersignature, as of the date set forth in Schedule A.
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy arid 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 o1 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 horn
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 insured 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.
AGGIELAND TITLE COMPANY
3740 Copperfield Dr.,Suite 101/Bryan,Texas 77802 OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
P.Q.Box 4233/Bryan,Texas 77805 A Stock Company
Phone:(979)731-8400•Fax:(979)731-8408 400 Second Avenue South,Minneapolis,Minnesota 55401
Issued through the Office o(. •- • (S 12)371-1111
• �, : OLD REPUBLIC TITLE
•
By President
horized Countersignatory b,),„ 0AttestSecretary
FORM T-1:OWNER POLICY(EFFECTIVE 4/02)
In,t)L
s �t
CONDITIONS AND STIPULATIONS When, after the date of the policy, the insured notifies the Company as
1. Definition of Terms. required herein of a lien, encumbrance, adverse claim or other defect in title
The following terms when used in this policy mean: to the estate or interest in the land insured by this policy that is not excluded
(a) "insured":the insured named in Schedule A,and,subject to or excepted from the coverage of this policy, the Company shall promptly
any rights or defenses the Company would have had against the named investigate the charge to determine whether the lien, encumbrance, adverse
insured,those who succeed to the interest of the named insured by claim or defect is valid and not barred by law or statute. The Company shall
operation of law as distinguished from purchase including, but not notify the insured in writing, within a reasonable time, of it determination as
limited to,heirs,distributees,devisees,survivors,personal to the validity or invalidity of the insured's claim or charge under the policy.
representatives,next of kin,or corporate,partnership or fiduciary If the Company concludes that the lien, encumbrance, adverse claim or
successors,and specifically,without limitation,the following: defect is not covered by this policy, or was otherwise addressed in the
(i) the successors in interest to a corporation,limited liability closing of the transaction in connection with which this policy was issued,
company or limited liability partnership resulting from merger or consolidation or the Company shall specifically advise the insured of the reasons for its
conversion or the distribution of the assets of the corporation or limited liability determination. If the Company concludes that the lien, encumbrance, adverse
company or limited liability partnership upon partial or complete liquidation; claim or defect is valid, the Company shall take one of the following actions:
(ii) the successors in interest to a general or limited (i) institute the necessary proceedings to clear the lien, encumbrance, adverse
partnership or limited liability company or limited liability partnership claim or defect from the title to the estate as insured; (ii) indemnify the
which dissolves but does not terminate; insured as provided in this policy; (iii) upon payment of appropriate premium
(iii) the successors in interest to a general or limited and charges therefor, issue to the insured claimant or to a subsequent
partnership resulting from the distribution of the assets of the general or owner, mortgagee or holder of the estate or interest in the land insured by
limited partnership upon partial or complete liquidation; this policy, a policy of title insurance without exception for the lien,
(iv) the successors in interest to a joint venture resulting from the encumbrance, adverse claim or defect, said policy to be in an amount equal
distribution of the assets of the joint venture upon partial or complete liquidation; to the current value of the property or, if a mortgagee policy, the amount of
(v) the successor or substitute trustee(s)of a trustee named the loan; (iv) indemnify another title insurance company in connection with its
in a written trust instrument;or issuance of a policy(ies) of title insurance without exception for the lien,
(vi) the successors in interest to a trustee or trust resulting from the encumbrance, adverse claim or defect; (v)secure a release or other document
distribution of all or part of the assets of the trust to the beneficiaries thereof. discharging the lien, encumbrance, adverse claim or defect; or (v) undertake
(b) "insured claimant": an insured claiming loss or damage. a combination of (i) through(v) herein.
(c) "knowledge" or "known": actual knowledge, not constructive
knowledge or notice that may be imputed to an insured by reason of the 4. Defense and Prosecution of Actions:Duty of Insured
public records as defined in this policy or any other records which impart Claimant to Cooperate.
constructive notice of matters affecting the land. (a) Upon written request by the insured and subject to the options
(d) "land": the land described or referred to in Schedule A, and contained in Section 6 of these Conditions and Stipulations, the Company, at
improvements affixed thereto that by law constitute real property. The term its own cost and without unreasonable delay, shall provide for the defense of
"land" does not include any property beyond the lines of the area described an insured in litigation in which any third party asserts a claim adverse to the
or referred to in Schedule A, nor any right, title, interest, estate or easement title or interest as insured, but only as to those stated causes of action
in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but alleging a defect, lien or encumbrance or other matter insured against by this
nothing herein shall modify or limit the extent to which a right of access to policy. The Company shall have the right to select counsel of its choice
and from the land is insured by this policy. (subject to the right of the insured to object for reasonable cause) to
(e) "mortgage": mortgage, deed of trust, trust deed, or other security represent the insured as to those stated causes of action and shall not be
instrument. liable for and will not pay the fees of any other counsel. The Company will
(f) "public records": records established under state statutes at Date of not pay any fees, costs or expenses incurred by the insured in the defense
Policy for the purpose of imparting constructive notice of matters relating to of those causes of action that allege matters not insured against by this policy.
real property to purchasers for value and without knowledge. With respect to (b) The Company shall have the right, at its own cost, to institute and
Section 1(a)(iv)of the Exclusions From Coverage, "public records" also shall prosecute any action or proceeding or to do any other act that in its opinion
include environmental protection liens filed in the records of the clerk of the may be necessary or desirable to establish the title to the estate or interest,
United States district court for the district in which the land is located. as insured, or to prevent or reduce loss or damage to Ire insured. The
(g) "access": legal right of access to the land and not the physical Company may take any appropriate action under the terms of this policy,
condition of access. The coverage provided as to access does not assure the whether or not d shall be liable hereunder, and shall not thereby concede
adequacy of access for the use intended. liability or waive any provision of this policy. If the Company shall exercise its
rights under this paragraph, it shall do so diligently.
2. Continuation of Insurance After Conveyance of Title. (c) Whenever the Company shall have brought an action or interposed
The coverage of this policy shall continue in force as of Date of Policy a defense as required or permitted by the provisions of this policy, the
in favor of an insured only so long as the insured retains an estate or Company may pursue any litigation to final determination by a court of
interest in the land, or holds an indebtedness secured by a purchase money competent jurisdiction and expressly reserves the right, in its sole discretion,
mortgage given by a purchaser from the insured, or only so long as the to appeal from any adverse judgment or order.
insured shall have liability by reason of covenants of warranty made by the (d) In all cases where this policy permits or requires the Company to
insured in any transfer or conveyance of the estate or interest. This policy prosecute or provide for the defense of any action or proceeding, the insured
shall not continue in force in favor of any purchaser from the insured of shall secure to the Company the right to so prosecute or provide defense in
either (i) an estate or interest in the land, or(ii)an indebtedness secured by the action or proceeding, and all appeals therein, and permit the Company to
a purchase money mortgage given to the insured use, at its option, the name of the insured for this purpose. Whenever
requested by the Company, the insured, at th;. Company's expense, shall
3. Notice of Claim to be Given by Insured Claimant give the Company all reasonable aid(i)in any action or proceeding, securing
The insured shall notify the Company promptly in writing (i) in case of evidence, obtaining witnesses, prosecuting or defending the action or
any litigation as set forth in Section 4(a)below, or(ii)in case knowledge proceeding, or effecting settlement, and (ii) in any other lawful act that in the
shall come to an insured hereunder of any claim of title or interest that is opinion of the Company may be necessary or disirable to establish the title
adverse to the title to the estate or interest, as insured, and that might cause to the estate or interest as insured. If the Company is prejudiced by the
loss or damage for which the Company may be liable by virtue of this policy. failure of the insured to furnish the required cooperation, the Company's
fl prompt notice shall not be given to the Company, then as to the insured obligations to the insured under the policy shall terminate, including any
all liability of the Company shall terminate with regard to the matter or liability or obligation to defend, prosecute, or continue any litigation, with
matters for which prompt notice is required; provided, however, that failure to regard to the matter or matters requiring such cooperation.
notify the Company shall in no case prejudice the rights of any insured under
this policy unless the Company shall be prejudiced by the failure and then
only to the extent of the prejudice. (Continued on inside back cover)
1
5. Proof of Loss or Damage • (a) The liability of the Company under this policy shall not exceed the
In addition to and after the notices required under Section 3 of these least of:
Conditions and Stipulations have been provided the Company, a proof of loss (i) the Amount of Insurance stated in Schedule A; or
or damage signed and sworn to by the insured claimant shall be furnished to (ii) the difference between the value of the insured estate or interest
the Company within 91 days after the insured claimant shall ascertain the as insured and the value of the insured estate or interest subject to the
facts giving rise to the loss or damage. The proof of loss or damage shall defect, lien'or encumbrance insured against by this policy at the date the
describe the defect in, or lien or encumbrance on the title, or other matter insured claimant is required to furnish to Company a proof of loss or
insured against by this policy that constitutes the basis of loss or damage damage in accordance with Section 5 of these Conditions and Stipulations.
and shall state, to the extent possible, the basis of calculating the amount of (b) In the event the Amount of Insurance stated in Schedule A at the
the loss or damage. If the Company is prejudiced by the failure of the . Date of Policy is less than 80 percent of the value of the insured estate or
insured claimant to provide the required proof of loss or damage, the interest or the full consideration paid for the land, whichever is less, or if
Company's obligations to the insured under the policy shall terminate, subsequent to the Date of Policy an improvement is erected on the land
including any liability or obligation to defend, prosecute, or continue any which increases the value of the insured estate or interest by at least 20
litigation, with regard to the matter or matters requiring such proof of loss or percent over the Amount of Insurance stated in Schedule A, then this Policy
damage. is subject to the following:
In addition, the insured claimant may reasonably be required to submit (i) where no subsequent improvement has been made, as to any
to examination under oath by any authorized representative of the Company partial loss, the Company shall onty pay the loss pro rata in the proportion
and shall produce for examination, inspection and copying, at such that the amount of insurance at Date of Policy bears to the total value of the
reasonable times and places as may be designated by any authorized insured estate or interest at Date of Policy; or
representative of the Company, all records, books, ledgers, checks, (ii) where a subsequent improvement has been made, as to any
correspondence and memoranda, whether bearing a date before or after Date partial loss, the Company shall only pay the loss pro rata in the proportion
of Policy, which reasonably pertain to the loss or damage. Further, if that 120 percent of the Amount of Insurance stated in Schedule A bears to
requested by any authorized representative of the Company, the insured the sum of the Amount of Insurance stated in Schedule A and the amount
claimant shall grant its permission, in writing, for any authorized expended for the improvement.
representative of the Company to examine, inspect and copy all records, The provisions of this paragraph shall not apply to costs, attorneys' fees
books, ledgers, checks, correspondence and memoranda in the custody or and expenses for which the Company is liable under this policy, and shall
control of a third party, which reasonably pertain to the loss or damage. All only apply to that portion of any loss which exceeds, in the aggregate, 10
information designated as confidential by the insured claimant provided to the percent of the Amount of Insurance stated in Schedule A.
Company pursuant to this Section shall not be disclosed to others unless, in (c) The Company will pay only those costs, attorneys' fees and
the reasonable judgment of the Company, it is necessary in the expenses incurred in accordance with Section 4 of these Conditions and
administration of the claim. Failure of the insured claimant to submit for Stipulations.
examination under oath, produce other reasonably requested information or
grant permission to secure reasonably necessary information from third 8. Apportionment
parties as required in this paragraph shall terminate any liability of the If the land described in Schedule A consists of two or more parcels that
Company under this policy as to that claim. are not used as a single site, and a loss is established affecting one or more
of the parcels but not all, the loss shall be computed and settled on a pro
6. Options to Pay or Otherwise Settle Claims: Termination of rata basis as it the amount of insurance under this policy was divided pro
Liability rata as to the value on Date of Policy of each separate parcel to the whole,
In case of a claim under this policy, the Company shall have the exclusive of any improvements made subsequent to Date of Policy, unless a
following additional options: liability or value has otherwise been agreed upon as to each parcel by the
(a) To Pay or Tender Payment of the Amount of Insurance. Company and the insured at the time of the issuance of this policy and
To pay or tender payment of the amount of insurance under this policy, shown by an express statement or by an endorsement attached to this
together with any costs, attorneys' tees and expenses incurred by the insured policy.
claimant, which were authorized by the Company, up to the time of payment
or tender of payment and which the Company is obligated to pay. 9. Limitation of Liability.
Upon the exercise by the Company of this option, all liability and (a) If the Company establishes the title, or removes the alleged detect,
obligations to the insured under this policy, other than to make the payment lien or encumbrance, or cures the lack of a right of access to or from the
required, shall terminate, including any liability or obligation to defend, land, all as insured, or takes action in accordance with Section 3 or Section
prosecute, or continue any litigation, and the policy shall be surrendered to 6, in a reasonably diligent manner by any method, including litigation and the
the Company for cancellation. completion of any appeals therefrom, it shall have fully performed its
(b) To Pay or Otherwise Settle With Parties Other than the Insured or obligations with respect to that matter and shall not be liable for any loss or
With the Insured Claimant. damage caused thereby.
(i) to pay or otherwise settle with other parties for or in the name of (b) In the event of anylitigation, includinglitigation bythe Company or
an insured claimant any claim insured against under this policy, together with g g oss y
or
any costs, attorneys' fees and expenses incurred by the insured claimant, with the Company's consent,benaftthe Companyrshallo havebyno court ofty for :ote t
which were authorized by the Company up to the time of payment and which damage until there has been filial determination by a competent
the Company is obligated to pay; or jurisdiction, and disposition of all appeals therefrom, adverse to the title as
(n) to pay or otherwise settle with the insured claimant the loss or insured.
damage provided for under this policy, together with any costs, attorneys' (c)foThe Company shall not the fiance insuredor in settlings or damage to any insured
fees and expenses incurred by the insured claimant, which were authorized without liabilityh prior written assumed tbthe min any claim or suit
by the Company up to the time of payment and which the Company is the prior consent of Company.
obligated to pay.
Upon the exercise by the Company of either of the options provided for lo. Reduction of Insurance:Reduction or Termination of Liability.
in paragraphs(b)(i)or (ii), the Company's obligations to the insured under All payments under this policy,except payments made for costs,attorneys'
this policy for the claimed loss or damage, other than the payments required tees and expenses, shall reduce the amount of the insurance pro tanto.
to be made, shall terminate, including any liability or obligation to defend,
prosecute or continue any litigation. 11. Liability Noncumulative.
It is expressly understood that the amount of insurance under this policy
7 Determination, Extent of Liability and Coinsurance shall be reduced by any amount the Company may pay under any policy
This policy is a contract of indemnity against actual monetary loss or insuring a mortgage to which exception is taken in Schedule B or to which
damage sustained or incurred by the insured claimant who has suffered loss the insured has agreed, assumed, or taken subject, or which is hereafter
or damage by reason of matters insured against by this policy and only to executed by an insured and which is a charge or lien on the estate or
the extent herein described. interest described or referred to in Schedule A, and the amount so paid shall
be deemed a payment under this policy to the insured owner.
(Continued on back cover)
r _ v,fit '. • •_ _ _ —_—• __ • • •
—
12. Payment of Loss. Insured, unless the insured is an individual person (as distinguished from a
(a) No payment shall be made without producing this policy for corporation, trust, partnership, association or other legal entity). All arbitrable
endorsement of the payment unless the policy has been lost or destroyed, in matters when the Amount of Insurance is in excess of$1,000,000 shall be
which case proof of loss or destruction shall be furnished to the satisfaction arbitrated only when agreed to by both the Company and the Insured.
of the Company. Arbitration pursuant to this policy and under the Rules in effect on the date
(b) When liability and the extent of loss or damage has been definitely the demand for arbitration is made or, at the option of the insured, the Rules
fixed in accordance with these Conditions and Stipulations, the loss or in effect at Date of Policy shall be binding upon the parties. The award may
damage shall be payable within 30 days thereafter. include attorneys' fees only if the laws of the state in which the land is
located permit a court to award attorneys' fees to a prevailing party.
13. Subrogation Upon Payment or Settlement. Judgment upon the award rendered by the Arbitrator(s) may be entered in
(a) The Company's Right of Subrogation. any court having jurisdiction thereof.
Whenever the Company shall have settled and paid a claim under this The law of the situs of the land shall apply to an arbitration under the
policy, all right of subrogation shall vest in the Company unaffected by any Title Insurance Arbitration Rules.
act of the insured claimant. A copy of the Rules may be obtained from the Company upon request.
The Company shall be subrogated to and be entitled to all rights and
remedies that the insured claimant would have had against any person or 15. Liability Limited to This Policy Policy Entire Contract.
property in respect to the claim had this policy not been issued. If requested (a) This policy together with all endorsements, if any, attached hereto
by the Company, the insured claimant shall transfer to the Company all rights by the Company is the entire policy and contract between the insured and
and remedies against any person or property necessary in order to perfect the Company. In interpreting any provision of this policy, this policy shall be
this right of subrogation. The insured claimant shall permit the Company to construed as a whole.
sue, compromise or settle in the name of the insured claimant and to use (b) Any claim of loss or damage, whether or not based on negligence,
the name of the insured claimant in any transaction or litigation involving and which arises out of the status of the title to the estate or interest
these rights or remedies. covered hereby or by any action asserting such claim, shall be restricted to
If a payment on account of a claim does not fully cover the loss of the this policy.
insured claimant, the Company shall be subrogated to these rights and (c) No amendment of or endorsement to this policy can be made
remedies in the proportion that the Company's payment bears to the whole except by a writing endorsed hereon or attached hereto signed by either the
amount of the loss. President, a Vice President, the Secretary, an Assistant Secretary, or
It loss should result from any act of the insured claimant, as stated validating officer or authorized signatory of the Company.
above, that act shall not void this policy, but the Company, in that event,
shall be required to pay only that part of any losses insured against by this 16. Severability
policy that shall exceed the amount, if any, lost to the Company by reason of In the event any provision of the policy is held invalid or unenforceable
the impairment by the insured claimant of the Company's right of under applicable law, the policy shall be deemed not to include that
subrogation. provision, and all other provisions shall remain in full force and effect.
(b) The Company's Rights Against Non-Insured Obligors.
The Company's right of subrogation against non-insured obligors shall 17. Notices, Where Sent
exist and shall include, without limitation, the rights of the insured to All notices required to be given the Company and any statement in
indemnities, guaranties, other policies of insurance or bonds, notwithstanding writing required to be furnished the Company shall include the number of
any terms or conditions contained in those instruments that provide for this policy and shall be addressed to the Company at: Home Office:
subrogation rights by reason of this policy. 400 Second Avenue South, Minneapolis, Minnesota 55401.
14. Arbitration. COMPLAINT NOTICE.Should any dispute arise about your premium or
Unless prohibited by applicable law or unless this arbitration section is about a claim that you have filed,contact the agent or write to the Company
deleted by specific provision in Schedule B of this policy, either the Company that issued the policy.If the problem is not resolved,you also may write the
or the insured may demand arbitration pursuant to the Title Arbitration Rules Texas Department of Insurance,P.O.Box 149104,Austin,TX 78714-9104,
or the American Arbitration Association. Arbitrable matters may include, but Fax No.(512)305-7426 or call toll-free at 1-800-252-3439.This notice of
are not limited to, any controversy or claim between the Company and the complaint procedure is for information only and does not become a part or
Insured arising out of or relating to this policy, any service of the Company condition of this policy.OLD REPUBLIC NATIONAL TITLE INSURANCE
in connection with its issuance or the breach of a policy provision or other COMPANY may be contacted toll-free at 1-888-678-1700 for information
obligation. All arbitrable matters when the Amount of Insurance is $1,000,000 concerning this policy or to submit a policyholder complaint.
or less SHALL BE arbitrated at the request of either the Company or the
FOR INFORMATION, OR TO MAKIE A COMPLAINT, CALL: 1-888-678-1700
-'NOTE THIS POLICY VALID ONLY IF.SCHEDULES A AND B ARE ATTACHED
•
OWNER POLICY OF TITLE INSURANCE
SCHEDULE A
G.F.No. 21282
Policy No. TO 1182613
Amount of Insurance: $3,403,842.00
Premium: $16,728.00
Date of Policy: December 19,2005,10:22 am
1. Name of Insured: Creek Meadows Partners,L.P.
2. The estate or interest in the land that is covered by this policy is: Fee Simple
3. Title to the estate or interest in the land is insured as vested in: Creek Meadows Partners,L.P.
4. The land referred to in this policy is described as follows:
Tract One:
All that certain tract or parcel of land,lying and being situated in the SAMUEL DAVIDSON LEAGUE,Abstract
No. 13 in Brazos County,Texas,and being a portion of a called 262.55 acre tract described as seven tracts by an
Estate Deed from Betty V.Goss,B.F.Vance,Jr.and William R.Vance to VRV partners,recorded in Volume 1175,
page 653 of the Official Records of Brazos County,Texas(O.R.B.C.); all of a called 1 acre tract described by a
Quitclaim Deed from L.G.Jones to Vonnie Ray Vance recorded in Volume 509,page 786 of the Deed Records of
Brazos County,Texas,(B.C.D.R.); a portion of a called 102.00 acre tract described by a Gift Deed from Vonnie Ray
Vance to Betty V.Goss,B.F.Vance,Jr.and William R.Vance,Trustees of the VRV Trust,recorded in Volume
1020,page 325(O.R.B.C.);a portion of a called 1 acre tract described by a Deed from Gus Roy and wife,Hattie Roy
to B.F.Vance,recorded in Volume 163,page 69(B.C.D.R.);and all of a called 2-3/5 acre tract described by a Deed
from William H.Phelps and Rela May Rayon and husband Chester Rayon,to B.F.Vance,recorded in Volume 177,
page 309(B.C.D.R.)and being more particularly described by metes and bounds as follows:
BEGINNING at a 3/8-inch iron rod found bent marking the wet corner of Lot 8,Wellborn Oaks,according to the
plat recorded in Volume 345,Page 635(B.C.D.R.),said iron rod being in the northeast line of said 1 acre tract
(163/69)and in the southeast right-of-way line of Greens Prairie Road(a county maintained road);
THENCE along the common line of Wellborn Oaks and said 1 acre tract(163/69) and said 262.55 acre tract for the
following five(5)calls:
1) S 49°13'20"E for a distance of 411.68 feet to a 3/8-inch iron rod found marking the west corner of Lot 9,
Wellborn Oaks,
2) S 49°02' 18"E for a distance of 392.33 feet to a 3/8-inch iron rod found marking the west corner of Lot 10,
Wellborn Oaks,
3) S 48°48'30"E for a distance of 983.70 feet to a 3/8-inch iron rod found marking the west corner of Lot 12,
Wellborn Oaks,
4) S 48°30'49"E for a distance of 488.99 feet to a 3/8-inch iron rod found marking the west corner of Lot 13,
Wellborn Oaks and
5) S 48°09'51"E for a distance of 388.51 feet to a 5/8-inch iron rod found for corner in the west right of way
line of Greens Prairie Trail(based on a 100-foot width);
THENCE through the said 262.55 acre tract and said 102.00 acre tract and along the west line of Greens Prairie
Trail for the following five(5)calls:
Old Republic National Title Insurance Company Page 1
Continuation of Schedule A Policy No. TO 1182613
1) 819.86 feet in a counter-clockwise direction along the arc of a curve having a central angle of 46°30'34",a
radius of 1010.00 feet,a tangent of 434.03 feet and a long chord bearing S 18°31'56"W at a distance of 797.54 feet
to a 1/2-inch iron rod set for the Point of Tangency,
2) S 04°43'21"E for a distance of 1452.01 feet to a 1/2-inch iron rod set for the Point of Curvature of a curve
to the right,
3) 743.74 feet along the arc of said curve having a central angle of 47°05'23",a radius of 904.93 feet,a tangent
of 394.32 feet and a long chord bearing S 18°49'20"W at a distance of 722.98 feet to a 1/2-inch iron rod set for the
Point of Tangency,
4) S 42°22'02"W for a distance of 194.62 feet to a 1/2-inch iron rod set for the POint of Curvature of a curve
to the right and
5) 1.40 feet along the arc of said curve having a central angle of 2°17'25",a radius of 35.00 feet,a tangent of
0.70 feet and a long chord bearing S 43°30'45"W at a distance of 1.40 feet to a fence corner marking the
intersection of the fenced northeast margin of Royder Road(a varying width prescriptive right-of-way)
THENCE along the fenced northeast margin of Royder Road for the following thirteen(13)calls:
1) N 67°00'21"W for a distance of 118.80 feet,
2) N 46°37'47"W for a distance of 49.98 feet,
3) N 38°43'42"W for a distance of 374.45 feet,
4) N 39°09'45"W for a distance of 66.70 feet,
5) N 41°19'26"W for a distance of 185.58 feet,
6) N 26°07'30"W for a distance of 24.96 feet,
7) N 73°21'29"W for a distance of 18.67 feet,
8) N 75°19'02"W for a distance of 19.44 feet to a 36"Post Oak,
9) N 47°29'47"W for a distance of 611.80 feet,
10) N 47°58'01"W for a distance of 385.49 feet,
11) N 49°00'00"W for a distance of 97.04 feet to a 24"Post Oak,
12) N 47°23'35"W for a distance of 655.50 feet and
13) N 39°13'11"W for a distance of 10.56 feet to a set 1/2-inch iron rod in the common line of the said 262.55
acre trace and the called 2-3/5 acre tract described as tract two in a release of lien to Johnny Wilborn and wife,Viola
Wilborn,recorded in Volume 74,page 95 of the Release Records of Brazos County,Texas.
THENCE N 42°26' 14"E along an interior northwest line of said 262.55 acre tract for a distance of 407.75 feet to a
5/8-inch iron rod set for the east corner of a called 1 acre tract described by a deed to Johnny Wilborn and wife,
Viola Wilborn,recorded in Volume 113,page 361 (B.C.D.R.),and the south corner of the beforementioned Vance 2-
3/5 acre tract;
THENCE N 47°33'46"W along the southwest line of said Vance 2-3/5 acre tract for a distance of 555.00 feet to a
5/8-inch iron rod set for the north corner of a called 1-3/5 acre tract described by a deed to A.D.Tolbert,recorded in
Volume 1012,page 621 (B.C.D.R.)and the south corner of a called 9 acre tract as described by a deed to Edsel G.
Jones,recorded in Volume 203,Page 155(B.C.D.R.);
THENCE N 42°26' 14"E along the southeast line of said 9 acre tract for a distance of 630.00 feet to a rock found
marking the east corner of said 9 acre tract and an interior west corner of said 262.55 acre tract;
THENCE N 47°33'46"W along the common line of said 9 acre tract and said 262.55 acre tract for a distance of
630.00 feet to a 5/8-inch iron rod in the southeast line of the beforementioned Vance 1 acre tract marking the north
corner of said 9 acre tract;
THENCE S 42°26' 14"W along the northwest line of said 9 acre tract for a distance of 117.33 feet to a 5/8-inch iron
rod set for the south corner of a called 1 acre tract as described by a deed to Tommie Townsend and wife,Lessiebell
Townsend,recorded in Volume 94,page 404(B.C.D.R.);
Old Republic National Title Insurance Company Page 2