HomeMy WebLinkAboutTitle InsuranceTEXAS LOAN TITLE POLICY BINDER ON INTERIM CONSTRUCTION LOAN
COVERSHEET
OF NO.:. 00104483
POLICY NO.: NMA01120110186-ICB
PROPERTY CODE:
AMOUNT OF INSURANCE: $1,100,000,00
RATE RULE(S)/CODE(S):
8020
TOTAL
COUNTY: Brazos
DATE OF POLICY: January 5, 2011 at 2:13 P.M.
PREMIUM:
$ 229.00
$ 229.00
NAME OF INSURED:
IIGK Property Management, Ltd., a Texas Limited Partnership
University Title Company National Investors Title Insurance Company
Texas Loan Title Policy Binder on Interim Construction Loan T13 (Rev. 1-1-93) - Cover Sheet
TEXAS LOAN TITLE ]POLICY BINDER ON INTERIM CONSTRUCTION LOAN
SCHEDULE A
Amount: $ 1,100,000.00
Date and Time of Binder January 5, 2011 at 2:13 P.M.
Proposed Insured:
IIGK Property Management, Ltd., a Texas Limited Partnership
Proposed Borrower:
PIL Investments, LLC, a Texas Limited Liability Company
Recorded title at the date hereof appears vested in:
PIL Investments, LLC, a Texas Limited Liability Company
DESCRIPTION OF THE LIEN (must have been filed for record):
Vendor's Lien retained in Deed
Policy No.: NMA01120110186-ICB
GF No. 00104483
Grantor:
K.S. Moss Capital Corp., a Texas Corporation
Grantee:
PIL Investments, LLC, a Texas Limited Liability Company
Dated:
December 31, 2010
Recorded:
January 5, 2011, Volume 9981, Page 234, Official Records, Brazos County, Texas.
Deed of Trust, Security Agreement and Financing Statement
Grantor:
PIL Investments, LLC, a Texas Limited Liability Company
Trustee:
Neal Potts and John Messer
Amount:
$1,100,000.00
Beneficiary:
IIGK Property Management, Ltd„ a Texas Limited Partnership
Dated:
December 31, 2010
Recorded:
January 5, 2011, Volume 9981, Page 242, Official Records, Brazos County, Texas.
LEGAL DESCRIPTION of the property referred to in this Binder,
See Exhibit A attached hereto and made a part hereof.
University Title Company National Investors Title Insurance Company
Texas Loan Title Policy Binder on Interim Construction Loan TI3 (Rev. 1-1-93) - Schedule A Valid Only if Schedule B-L B-II and C are attached
SCHEDULE B - Part I
GF No.: 00104483
Policy No.: NMA01120110186-ICB
Showing defects, objections, liens, exceptions and reservations, to be shown as exceptions under SCHEDULE B of the
Policy:
1. The following restrictive covenants of record itemized below, but the Company insures that any such restrictive
covenants have not been violated so as to affect, and that a future violation thereof will not affect, the validity or
priority of the mortgage hereby insured (insert specific recording data or delete this exception):
Item No. 1, Schedule B, is hereby deleted.
2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments or protrusions, or any
overlapping of improvements.
3. Standby fees, taxes and assessments by any taxing authority for the year 2011, 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,
4. In the event a Mortgagee Policy is issued prior to the improvements having been completed and accepted by the
owner, and before satisfactory evidence that all outstanding bills have been paid or satisfied has been furnished to the
Company issuing said Mortgagee Policy, an additional exception will be inserted under Schedule B of said
Mortgagee Policy, excepting to "Mechanic's and materialmen's liens," as well as "pending disbursements" (if
applicable), the wording of said exception being as promulgated by the Texas Department of Insurance and
specifically set out as Rule P8b3 in the Basic Manual of Rules Rates and Forms for the Writing of Title Insurance in
the State of Texas.
5. (Insert here all other specific exceptions as to liens, easements, outstanding mineral and royalty interests, etc., which
will be shown as exceptions under Schedule B of the Mortgagee Policy.)
a. "All leases, grants, exceptions or reservations of coal, lignite, oil, gas and other minerals, together with all rights,
privileges, and immunities relating thereto, appearing in the Public Records whether listed in Schedule B or not.
There may be leases, grants, exceptions or reservations of mineral interest that are not listed herein."
b. Visible and apparent easements.
c. Portion of the property within any roadway.
d. Any encroachment, encumbrance, violation, variation, or adverse'Circumstance affecting title that would be
disclosed by an accurate and complete land survdy of the landi
e. Easement:
From: Icy Barron Dowling, at vir
To: The City of Bryan, Texas
Dated: August 11, 1961
Recorded: Volume 213, Page 507, Deed Records, Brazos County, Texas.
f. Easement:
From:
K. S. Moss Capital Corp.
To:
City of College Station, Texas
Dated:
May 27, 2004
Recorded:
Volume 6067, Page 259, Official Records, Brazos County, Texas,
University Title Company National Investors Title Insurance Company
Texas Loan Title Policy Binder on Interim Construction Lou'1113 (Rev, 1-1-93) -Schedule B-I Valid Only if Schedule A, B-11 and C are attached
GF No.: 00104483
g. Easement:
From:
To:
Dated:
Recorded:
SCHEDULE 13 : Part I - continued
Policy No.: NMA01120110186-1CB
1S. S. Moss Capital Corp.
MOV Partnership
November 4, 2009
Volume 9385, Page 288, Official Records, Brazos County, Texas.
It. Mineral Reservation in Deed by Terms of Conveyance of Surface Only:
By: LaNelda F. Goodin
To: Patrick Anthony Farrell, at ux
Dated: September 17, 1984
Recorded: Volume 726, Page 370, Official Records, Brazos County, Texas. Title to said interest has not
been investigated subsequent to the date of the aforesaid instrument,
i. Mineral Reservation in Deed with Surface Waiver:
By: Patrick Anthony Farrell a/k/a Anthony Patrick Farrell
To: John L. Willingham
Dated: January 30,1995
Recorded: Volume 2292, Page 96, Official Records, Brazos County, Texas. Title to said interest has not
been investigated subsequent to the dine of the, aforesaid instrument.
j. Oil and Gas Lease, and all terms, conditions and stipulations therein:
Lessor: LaNelda F. Goodin
Lessee: Cities Service Company
Dated: September 29, 1978
Recorded: Volume 33, Page 518, Oil & Gas Lease Records, Brazos County, Texas. Title to said interest has
not been investigated subsequent to the date of the aforesaid instrument.
SCHEDULE B - Part II
GP No.: 00104483
Policy No.: NMA01120110186-ICB
Showing matters that affect the title to the estate or interest in the land described or referred to in SCIIEDULE A, but the
Company commits to insure the Proposed Insured in the Mortgagee Policy against loss, if any, sustained by said Insured
under the Policy if said matters are not subordinate to the lien described in SCHEDULE A.
University Title Company
National Investors Title Insurance Company
Texas Loan Title Policy Binder on Interim Construction Loan T13 (Rev. 1-1-93) -Schedule B-11 Valid Only if Schedule A, Bd and C are attached `�"U`
9`
SCHEDULE C
GF No.: 00104483
Policy No.: NMA01120110186-ICB
Showing requirements to be complied with; defects and objections to be removed or eliminated, and liens and
encumbrances to be satisfied and discharged of record before the policy will be issued without exceptions thereto:
1. Evidence satisfactory to the Company that:
a. No materials have been famished or any labor performed in connection with the construction contemplated
hereunder prior to the execution, acknowledgment and delivery of the lien instrument described under SCHEDULE
A hereof, if the land described under SCHEDULE A forms any part of the homestead of the owner. (This item may
be deleted if satisfactory evidence is furnished before binder is issued).
b. Improvements have been completed and accepted by the owner.
c. All bills for labor and materials have been paid in full and no mechanic's, laborer's or materialmen's liens have
attached.
d. Restrictions or restrictive covenants have not been violated.
1 Payment of the full consideration to, or for the account of, the grantors or mortgagors.
3. Payment of all standby fees, taxes, charges and assessments levied or assessed against the subject estate or interest, which
are currently due and payable.
4. Satisfactory evidence of legal right of access to and from the land.
5. (here show outstanding liens or other matters which must be disposed ofat or before issuance of policy.)
University Title Company
By: , J/M ot9jn
Authorized C tersignature (kml)
University Title Company
Texas Loan'ritle Policy Itinder on Interim Construction Lom T-13 (Rev. 1-1-93) - Schedule C
National Investors Title Insurance Company
Valid Only if Schedule A, I3-I and l3-11 are attached
is i
Exhibit A
Being all of that certain tract or parcel of land lying and being situated in the Robert Stevenson League, A-54, Brazos County,
Texas and being all of that 9.06 acre tract of land conveyed to Patrick Anthony Farrell, et ux by LaNelda F. Goodin (726/370)
and all of that 1.03 acre tract conveyed to Patrick Anthony Farrell by LaNelda F. Goodin Hughes (2246/30) and part of that
5.00 acre tract of land conveyed to Patrick Farrell, et ux by LaNelda F. Goodin (383/223) and being described as follows:
BEGINNING: at a 5/8" iron rod found at the most southerly common corner of said 9.06 acre tract (726/370) and the C.I.C.
Agency, Inc. 9:48 acre tract (1532/208), same being in the northeast line of the E. Boswell Porter and R. R. Wood 50.80 acre
tract (929/216);
THENCE: N 450 00' 00" E - 2019.50 feet along the common line between said Farrell tracts and said C.I.C. Agency tract to a
1/2" iron rod set for the most northerly common corner of said two tracts, same being in the southwest right-of-way line of
State Hwy. 6;
THENCE: S 46' 00' 28" E - 307.46 feet along said State Hwy. 6 line to a 1/2" iron rod set for the most northerly common
corner of said Farrell tracts and the Stephen Roliard 14.23 acre tract (1731/214);
THENCE: S 44' 59' 41" W-2026.00 feet along the common line between said Farrell tracts and said Roliard tract to a 1/2"
iron rod found for the most southerly common corner of said tracts, same being in said Porter and Wood tract line;
THENCE: N 44' 47' 47" W - 307.60 feet along the common line between said Farrell 9.06 acre tract and said Porter and Wood
tract to the PLACE OF BEGINNING, and containing 14.28 acres of land, more or less.
SAVE AND EXCEPT:
3.76 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 a 14.28 acre tract described in the Deed from First Federal Savings Bank, Bryan,
Texas to K. S. Moss Capital Corp., recorded in Volume 2763, Page 147 of the Official Public Records of Brazos County, Texas
and said 3.76 acre tract, being more particularly described as follows:
BEGINNING at a 1/2" iron rod set at the common corner between the beforementioned 14.28 acre tract and the 3.838 acre -
Tract No. 3 described in the Deed to College Station Market Place, recorded in Volume 6647, Page 207 of the Official Public
Records of Brazos County, Texas, same being in the Southwest right of way line of State Highway No. 6 (320' right of way);
THENCE S 430 45' 31" W along the common line between the beforementioned 14.28 acre tract and the following two tracts:
the beforementioned 3,838 acre tract and the remainder of a 14,0679 acre tract described in the Deed to Spring Creek CS
Development, Ltd., recorded in Volume 5583, Page 120 of the Official Public Records of Brazos County, Texas, at a distance
of 13.6 feet pass a 1/2" iron rod found at a 2" iron pipe fence post, cbntinue on, for a total distance of 620.76 feet to a 1/2" iron
rod set;
THENCE along the East bank of a tributary to Spring Creels, (current tributary now a pond 10 - 15 feet deep) as follows:
N 58' 19' 33" W for a distance of 14.70 feet;
S 86' 08' 53" W for a distance of 17,34 feet;
N 07' 48' 39" W for a distance of 13.28 feet;
N 27" 44' 44" E for a distance of 19.27 feet;
N 200 21' 43" E for a distance of 26.99 feet;
N 10' 35' 46" E for a distance of 26.45 feet;
N 06Q 33' 25" W for a distance of 40.46 feet;
N 14' 16' 14" W for a distance of 30.58 feet;
N 55' 12' 48" W for a distance of 98.87 feet;
N 14' 40' 45" W for a distance of 20.89 feet;
N 31' 52' 31" E for a distance of 38.27 feet;
N 02° 58' 15" E for a distance of 27.67 feet;
N 07013' 22" W for a distance of 27.99 feet;
N 45' 52' 05" W for a distance of 20.26 feet to a 1/2" iron rod set in the common line between the beforementioned 14.28 acre
tract and Lot 1, Block 1 - 3.935 acres - K.T.H. Commercial Addition, according to the plat recorded in Volume 4377, Page 206
of the Official Public Records of Brazos County, Texas;
THENCE: N 43° 45' 50" E along the common line between the beforementioned 14.28 acre tract and Lot 1, Block 1, K,T,H.
Commercial Addition, adjacent to a fence, for a distance of 443.48 feet to the common corner between the said 14,28 acre tract
and lot 1, Block 1, K.T.H. Commercial Addition in the Southwest right of way line of State Highway No. 6;
THENCE S 470 19' 17" E along the Southwest right of way line of the beforementioned State Highway No. 6, for a distance of
307.47 feet to the PLACE OF BEGINNING, containing 3,76 acres of land, more or less;
LEAVING 10.52 ACRES, 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 2 of Schedule B hereof.
Aggieland Title Company
SUBSEQUENT TO CERTIFICATE
GF# 24146
PROPERTY DESCRIPTION:
Field notes of a 3.76 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 a 14.28 acre tract described in the deed from First Federal Savings Bank,
Bryan, Texas to K. S. Moss Capital Corp., recorded in Volume 2763, page 147 of the
Official Public Records of Brazos County, Texas, and said 3.76 acre tract, being more
particularly described as follows:
BEGINNING at a 1/2" iron rod set at the common comer between the beforementioned
14.28 acre tract and the 3.838 acre - Tract No. 3 described in the deed to College Station
Market Place, recorded in Volume 6647, page 207 of the Official Public Records of
Brazos County, Texas, same being in the southwest right-of-way line of State Highway
No. 6 (320' right-of-way);
THENCE S 430 45' 3 1 " W along the common line between the beforementioned 14.28
acre tract and the following two tracts: the beforementioned 3.838 acre tract, and the
remainder of a 14.0679 acre tract described in the deed to Spring Creek CS Development,
Ltd., recorded in Volume 5583, page 120 of the Official Public Records of Brazos
County, Texas, at a distance of 13.6 feet pass a 1/2" iron rod found at a 2" iron pipe fence
post, continue on, for a total distance of 620.76 feet to a 1/2" iron rod set;
THENCE along the east bank of a tributary to Spring Creek, (current tributary now a
pond 10 - 15 feet deep), as follows:
N 580 19' 33" W for a distance of 14.70 feet,
S 86' 08' S3" W for a distance of 17.34 feet,
N 07' 48' 39" W for a distance of 13.28 feet,
N 27' 44' 44" E for a distance of 19.27 feet,
N 20' 21' 43" E for a distance of 26.99 feet,
N 10' 35' 46" E for a distance of 26.45 feet,
N 060 33' 25" W for a distance of 40.46 feet,
N 14' 16' 14" W for a distance of 30.58 feet,
N 55' 12' 48" W for a distance of 98.87 feet,
3740 Coppeifield Drive, Suite 101 • Bryan, Texas 77802
Phone (979) 731-8400 • FAX (979) 731-8408
N 14' 40' 45" W for a distance of 20.89 feet,
N 31' 52' 31" E for a distance of 38.27 feet,
N 020 58' 15" E for a distance of 27.67 feet,
N 07' 13' 22" W for a distance of 27.99 feet,
N 45' 52' 05" W for a distance of 20.26 feet to a 1/2" iron rod set in the common
line between the beforementioned 14.28 acre tract and Lot 1, Block 1 - 3.935
acres - K.T.H. Commercial Addition, according to the plat recorded in Volume
4377, page 206 of the Official Public Records of Brazos County, Texas;
THENCE N 430 45' 50" E along the common line between the beforementioned 14.28
acre tract and Lot 1, Block 1, K.T.H. Commercial Addition, adjacent to a fence, for a
distance of 443.48 feet to the common corner between the said 14.28 acre tract and Lot 1,
Block 1, K.T.H. Commercial Addition in the southwest right-of-way line of State
Highway No. 6;
THENCE S 470 19' 17" E along the southwest right-of-way line of the beforementioned
State Highway No. 6, for a distance of 307.47 feet to the PLACE OF BEGINNING,
containing 3.76 acres of land, more or less.
RECORD TITLE APPEARS TO BE VESTED IN:
MOV PARTNERSHIP, a Texas general partnership
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, 2008
EXCEPT the following:
Special Warranty Deed dated June 16, 2008 from K. S. Moss Capital Corp. to
MOV Partnership, a Texas general Partnership recorded in Volume 8653, page
117 of the Official Public Records of Brazos County, Texas.
2
2. Private Sewer Easement dated November 4, 2009, by and between K.S. Moss
Capital Corp., a Texas corporation and MOV Partnership, a Texas general
partnership, recorded in Volume 9385, page 288 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
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 18th day of February, 2011, at 7:00 o'clock a.m.
AGGIELAND TITLE COMPANY
BY:
Abstracter: Ru ty Cawley
COMMITMENT FOR TITLE INSURANCE
Issued By
Old Republic National Title Insurance Company
SCHEDULE A
Effective Date: June 2, 2008, 07:00 am GF No. 24146
Commitment No. , issued June 16, 2008, 08:45 am
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: $675,000.00
PROPOSED INSURED: MOV Partnership, a Texas general partnership
(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:
PROPOSED INSURED:
Proposed Borrower:
(d) TEXAS SHORT FORM RESIDENTIAL LOAN POLICY OF TITLE INSURANCE (Form T-2R)
Policy Amount:
PROPOSEDINSURED:
Proposed Borrower:
(e) LOAN TITLE POLICY BINDER ON INTERIM CONSTRUCTION LOAN (Form T-13)
Binder Amount:
PROPOSEDINSURED:
Proposed Borrower:
(f) OTHER
Policy Amount:
PROPOSED INSURED:
2. The interest in the land covered by this Commitment is: Fee Simple
Record title to the land on the Effective Date appears to be vested in:
K. S. Moss Capital Corp.
4. Legal description of the land:
Field notes of a 3.76 acre tract or parcel of land, lying and being situated in tile ROBERT STEVENSON SURVEY,
Abstract No. 54, College Station, Brazos County, Texas, and being part of a 14.28 acre tract described in the deed
from First Federal Savings Bank, Bryan, Texas to K. S. Moss Capital Corp., recorded in Volume 2763, page 147 of the
Official Public Records of Brazos County, Texas, and said 3.76 acre tract, being more particularly described as
follows:
BEGINNING at a 1/2" iron rod set at the common corner between the beforementioned 14.28 acre tract and the 3.838
acre - Tract No. 3 described in the deed to College Station Market Place, recorded in Volume 6647, page 207 of the
Official Public Records of Brazos County, Texas, same being in the southwest right-of-way line of State Highway No.
6 (320' right-of-way);
THENCE S 430 45' 31" W along the common line between the beforementioned 14.28 acre tract and the following two
tracts: the beforementioned 3.838 acre tract, and the remainder of a 14.0679 acre tract described in the deed to Spring
Creels CS Development, Ltd., recorded in Volume 5583, page 120 of the Official Public Records of Brazos County,
Texas, at a distance of 13.6 feet pass a 1/2" iron rod found at a 2" iron pipe fence post, continue on, for a total distance
of 620.76 feet to a 1/2" iron rod set;
FORM T-7: Commitment ror'finelusurance Pagel
Continuation of Schedule A
GF No. 24146
THENCE along the east bank of a tributary to Spring Creek, (current tributary now a pond 10 - 15 feet deep), as
follows:
N 58019' 33" W for a distance of 14.70 feet,
S 860 08' 53" W for a distance of 17.34 feet,
N 070 48' 39" W for a distance of 13.28 feet,
N 270 44' 44" E for a distance of 19.27 feet,
N 200 21' 43" E for a distance of 26.99 feet,
N 100 35' 46" E for a distance of 26.45 feet,
N 060 33' 25" W for a distance of 40.46 feet,
N 14016' 14" W for a distance of 30.58 feet,
N 55012' 48" W for a distance of 98.87 feet,
N 140 40' 45" W for a distance of 20.89 feet,
N 310 52' 31" E for a distance of 38.27 feet,
N 020 58' 15" E for a distance of 27.67 feet,
N 07013' 22" W for a distance of 27.99 feet,
N 450 52' 05" W for a distance of 20.26 feet to a 1/2" iron rod set in the common line between the
beforementioned 14.28 acre tract and Lot 1, Block 1 - 3.935 acres - K.T.H. Commercial Addition, according
to the plat recorded in Volume 4377, page 206 of the Official Public Records of Brazos County, Texas;
THENCE N 430 45' 50" E along the common line between the beforementioned 14.28 acre tract and Lot 1, Block 1,
K.T.H. Commercial Addition, adjacent to a fence, for a distance of 443.48 feet to the common corner between the said
14.28 acre tract and Lot 1, Block 1, KT.H. Commercial Addition in the southwest right-of-way line of State Highway
No. 6;
THENCE S 470 19' 17" E along the southwest right-of-way line of the beforementioned State Highway No. 6, for a
distance of 307.47 feet to the PLACE OF BEGINNING, containing 3.76 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 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.
FORMT-7: Commitment for Title Insurance Paget
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.insert elste this
2. Any d sc pancies, 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 2008, 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 Shoji 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.)
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 1 through 8 of this Schedule B
do not apply to the Texas Short Form Residential Loan Policy (T-2R).
FORM T-7: Commitment for Title Insurance Page 3
Continuation of Schedule B
GF No. 24146
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. Easements or claims of easements which are not recorded in the public records of Brazos County, Texas.
b. Lack of compliance with state and/or county platting ordinances.
V. Overhead electric lines and power poles across portion of property, as shown on a survey dated April 17,
2008 and prepared under the supervision of S. M. Kling, RPLS No. 2003.
d. Barn and covered area protrude over northwest property line, as shown on a survey dated April 17, 2008 and
prepared under the supervision of S. M. Kling, RPLS No. 2003.
e. Fence not on property line along northwest property line, as shown on a survey dated April 17, 2008 and
prepared under the supervision of S. M. Kling, RPLS No. 2003.
f. Utility/Electrical Easement granted to City of College Station by Patrick Farrell and wife, Marguriette
Farrell as set out in instrument dated March 3, 1984, recorded in Volume 667, Page 628 of the Official Public
Records of Brazos County, Texas, as shown and noted on a survey dated April 17, 2008 and prepared under
the supervision of S. M. Kling, RPLS No. 2003.
g. Affidavit giving notice of on -site wastewater treatment system, executed by Karen Moss, President, K. S.
Moss Capital Corp., dated May 13,1998 recorded in Volume 3154, page 291 of the Official Public Records of
Brazos County, Texas.
►I. Mineral Reservation as set out in deed dated January 30, 1995 from Patrick Anthony Farrell a/k/a Anthony
Patrick Farrell to John L. Willingham, recorded in Volume 2292, page 96, Official Public Records of Brazos
County, Texas. Title to this interest not investigated subsequent to date of said instrument.
i. 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.
j. Rights of parties in possession.
FORM T-7: Commitment for Title Insurance Page 4
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:
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. Vendor's Lien retained in deed dated January 31, 1997 from First Federal Savings Bank to K. S. Moss Capital Corp.
recorded in Volume 2763, page 147, securing the payment of one note of even date therewith in the principal sum of
$195,750.00, payable to First Federal Savings Batik, and additionally secured by Deed of Trust of even date therewith
executed by K. S. Moss Capital Corp. to Stan Stephen, Trustee, said deed of trust filed for record with the County
Clerk of Brazos County, Texas on January 31, 1997 and recorded in Volume 2763, Page 151 of the Official Public
Records of Brazos County, Texas.
6. Provide Certificate of Good Standing for K. S. Moss Capital Corp. from the Secretary of State and proper resolution
authorizing the proposed transaction.
7. Provide Certificate of Existence for MOV Partnership and evidence of authority for person who will be executing
documents on its behalf.
8. NOTE: The Policy of Title Insurance to be issued under this Commitment for Title Insurance provides for
arbitration which is a common form of alternative dispute resolution. The rules of the Texas Department of
Insurance allow you to request that such provision be deleted from the Policy at no additional charge to you. Unless
you notify us prior to settlement that you wish to have the Arbitration Provision deleted it will be in the Policy which
we issue to you. (Not applicable to Texas Residential Owner Policy)
FORM T-7: Commitment for Title Insurance Page 5
Continuation of Schedule C
GF No. 24146
Countersigned
Aggieland Title Company
FORM T-7: Commitment for Title Insurance Page 6
-Ratum to
Anfeland Title Company
OF#j±Wt. �SIQ� Ooc P,k Vol Fs
01001133 OR 8653 117
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,
YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING
INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN
REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS:
YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
SPECIAL WARJL�NTY DEED
DATE: June 16, 2008
GRANTOR: K. S. MOSS CAPITAL CORP., a Texas corporation
Grantor's Mailing Address (including county):
22803 Timberlake Creek Rd.
Tomball, Harris County, Texas 77377
GRANTEE: MOV PARTNERSHIP, a Texas general partnership
Grantee's Mailing Address (including county):
1724 Heath Dr.
College Station, Brazos County, Texas 77845
Consideration:
Ten and No/100 Dollars ($10.00) and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged by Grantor,
Property (including any improvements):
3.76 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 a 14.28
acre tract described in the deed from First Federal Savings Bank, Bryan, Texas to K. S. Moss
Capital Corp., recorded in Volume 2763, page 147 of the Official Public Records of Brazos
County, Texas, and said 3.76 acre tract, being more particularly described as follows:
BEGINNING at a 1/2" iron rod set at the common corner between the beforementioned 14.28
acre tract and the 3.838 acre • Tract No. 3 described in the deed to College Station Market Place,
recorded in Volume 6647, page 207 of the Official Public Records of Brazos County, Texas,
same being in the southwest right-of-way line of State Highway No. 6 (320' right-of-way);
THENCE S 43145' 31" W along the common line between the beforementioned 14.28 acre tract
and the following two tracts: the beforementioned 3.838 acre tract, and the remainder of a
14.0679 acre tract described in the deed to Spring Creek CS Development, Ltd., recorded in
Volume 5583, page 120 of the Official Public Records of Brazos County, Texas, at a distance of
13.6 feet pass a 1/2" iron rod found at a 2" iron pipe fence post, continue on, for a total distance
of 620.76 feet to a 1/2" iron rod set;
General Warranty Deed
Doc Rk Vol Pe
01001133 OR 8653 U8
THENCE along the east bank of a tributary to Spring Creek, (current tributary now a pond 10 -
15 feet deep), as follows:
N 58° 19' 33" W for a distance of 14.70 feet,
8 86" 08' 53" W for a distance of 17,34 feet,
N 07° 48' 39" W for a distance of 13.28 feet,
N 27' 44' 44" E for a distance of 19.27 feet,
N 20' 21' 43" E for a distance of 26.99 feet,
N 101 3514611 E for a distance of 26.45 feet,
N 06° 33' 25" W for a distance of 40.46 feet,
N 14016' 14" W for a distance of 30.58 feet,
N 55' 12' 48" W for a distance of 98.87 feet,
N 14' 40' 45" W for a distance of 20.89 feet,
N 31° 52' 31" E for a distance of 38.27 feet,
N 020 58' 15" E for a distance of 27.67 feet,
N 07° 13' 22" W for a distance of 27.99 feet,
N 450 52' 05" W for a distance of 20.26 feet to a 1/2" iron rod set in the common line between
the beforementioned 14.28 acre tract and Lot 1, Block 1 - 3.935 acres - K.T.H. Commercial
Addition, according to the plat recorded in Volume 4377, page 206 of the Official Public
Records of Brazos County, Texas;
THENCE N 43° 45' 50" E along the common line between the beforementioned 14.28 acre tract
and Lot 1, Block 1, K.T.H. Commercial Addition, adjacent to a fence, for a distance of 443.48
feet to the common comer between the said 14.28 acre tract and Lot 1, Block 1, K.T.H.
Commercial Addition in the southwest right -of --way line of State Highway No. 6;
THENCE S 47' 19' 17" E along the southwest right-of-way line of the beforementioned State
Highway No. 6, for a distance of 307.47 feet to the PLACE OF BEGINNING, containing 3.76
acres of land, more or less.
Reservations from and Exceptions to Conveyance and Warranty:
1. Subdivision of Property without compliance with state, city and/or county platting
ordinances.
2. Overhead electric lines and power poles across portion of property, as shown on a survey
dated April 17, 2008 and prepared under the supervision of S. M. Kling, RPLS No. 2003.
3. Barn and covered area protrude over northwest property line, as shown on a survey dated
April 17, 2008 and prepared under the supervision of S. M. Kling, RPLS No. 2003.
4. Fence not on property line along northwest property line, as shown on a survey dated
April 17, 2008 and prepared under the supervision of S. M. Kling, RPLS No. 2003.
5. Utility/Electrical Easement granted to City of College Station by Patrick Farrell and
wife, Marguriette Farrell as set out in instrument dated March 3, 1984, recorded in
Volume 667, Page 628 of the Official Public Records of Brazos County, Texas, as shown
and noted on a survey dated April 17, 2008 and prepared under the supervision of S. M.
Kling, RPLS No. 2003.
General Warranty Deed
Doi, 9k Vol Fs
01001133 OR 8653 119
6. Affidavit giving notice of on -site wastewater treatment system, executed by Karen Moss,
President, K. S. Moss Capital Corp., dated May 13, 1998 recorded in Volume 3154, page
291 of the Official Public Records of Brazos County, Texas.
Mineral Reservation as set out in deed dated January 30, 1995 from Patrick Anthony
Farrell a/k/a Anthony Patrick Farrell to John L. Willingham, recorded in Volume 2292,
page 96, Official Public Records of Brazos County, Texas.
8. All oil, gas and other minerals in and under the herein described property, together with
any rights of ingress and egress, mining or drilling privileges heretofore reserved or
conveyed by predecessors in title.
IT IS UNDERSTOOD AND AGREED THAT GRANTOR IS NOT MAKING AND SPECIFICALLY
DISCLAIMS ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND OR CHARACTER,
EXPRESS OR IMPLIED, WITH RESPECT TO THE PROPERTY, INCLUDING, BUT NOT LIMITED
TO, WARRANTIES OR REPRESENTATIONS AS TO MATTERS OF TITLE (OTHER THAN
GRANTOR'S WARRANTY OF TITLE SET FORTH HEREIN), ZONING, TAX CONSEQUENCES,
PHYSICAL OR ENVIRONMENTAL CONDITIONS, AVAILABILITY OF ACCESS, INGRESS OR
EGRESS, OPERATING HISTORY OR PROJECTIONS, VALUATION, GOVERNMENTAL
APPROVALS, GOVERNMENTAL REGULATIONS OR ANY OTHER MATTER OR THING
RELATING TO OR AFFECTING THE PROPERTY, INCLUDING, WITHOUT LIMITATION, (i) THE
VALUE, CONDITION, MERCHANTABILITY, MARKETABILITY, PROFITABILITY,
SUITABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE OF THE PROPERTY, (ii)
THE MANNER OR QUALITY OF THE CONSTRUCTION OR MATERIALS INCORPORATED
INTO ANY OF THE PROPERTY, AND (iii) THE MANNER, QUALITY, STATE OF REPAIR OR
LACK OF REPAIR OF THE PROPERTY. GRANTEE HAS NOT RELIED UPON AND WILL NOT
RELY UPON, EITHER DIRECTLY OR INDIRECTLY, ANY REPRESENTATION OR WARRANTY
OF GRANTOR OR ANY AGENT OF GRANTOR. GRANTEE REPRESENTS THAT HE IS A
KNOWLEDGEABLE GRANTEE OF REAL ESTATE AND THAT HE IS RELYING SOLELY ON
HIS OWN EXPERTISE AND THAT OF GRANTEE'S CONSULTANTS IN PURCHASING THE
PROPERTY. GRANTEE HAS CONDUCTED SUCH INSPECTIONS AND INVESTIGATIONS OF
THE PROPERTY AS GRANTEE DEEMS NECESSARY, INCLUDING, BUT NOT LIMITED TO,
THE PHYSICAL AND ENVIRONMENTAL CONDITIONS THEREOF, AND SHALL RELY UPON
SAME. UPON CLOSING, GRANTEE SHALL ASSUME THE RISK THAT ADVERSE MATTERS,
INCLUDING, BUT NOT LIMITED TO, ADVERSE PHYSICAL AND ENVIRONMENTAL
CONDITIONS, MAY NOT HAVE BEEN REVEALED BY GRANTEE'S INSPECTIONS AND
INVESTIGATIONS. GRANTEE ACKNOWLEDGES AND AGREES THAT THIS CONVEYANCE 19
AND GRANTEE ACCEPTS THE PROPERTY "AS IS, WHERE IS," WITH ALL FAULTS. GRANTEE
FURTHER ACKNOWLEDGES AND AGREES THAT THERE ARE NO ORAL AGREEMENTS,
WARRANTIES OR REPRESENTATIONS, COLLATERAL TO OR AFFECTING THE PROPERTY
BY GRANTOR, ANY AGENT OF GRANTOR OR ANY THIRD PARTY. GRANTOR IS NOT
LIABLE OR BOUND IN ANY MANNER BY ANY ORAL OR WRITTEN STATEMENTS,
REPRESENTATIONS, OR INFORMATION PERTAINING TO THE PROPERTY FURNISHED BY
ANY REAL ESTATE BROKER, AGENT, EMPLOYEE, SERVANT OR OTHER PERSON, UNLESS
THE SAME ARE SPECIFICALLY SET FORTH OR REFERRED TO HEREIN. GRANTEE FURTHER
ACKNOWLEDGES AND AGREES THAT THE PROVISIONS OF THIS PARAGRAPH WERE A
MATERIAL FACTOR IN THE DETERMINATION OF THE PURCHASE PRICE FOR THE
PROPERTY.
General Warranty Deed
Doc L'k Vol, P9
01001133 DR 8653 120
Grantor, for the consideration and subject to the reservations from and exceptions to
conveyance and warranty, grants, sells and conveys to Grantee the Property, together with all and
singular the rights and appurtenances thereto in anywise belonging, to have and hold it to Grantee,
Grantee's successors or assigns forever. Grantor binds Grantor and Grantor's successors and
assigns to warrant and forever defend all and singular the Property to Grantee and Grantee's,
successors and assigns, against every person whomsoever lawfully claiming or to claim the same or
any part thereof, except as to the reservations from and exceptions to conveyance and warranty,
when the claim is made by, through or under Grantor, but not otherwise.
Taxes have been prorated as of the date of this Deed. Grantee agrees to pay all ad valorem
taxes, standby fees and assessments for the year 2008 and all subsequent years.
When the context requires, singular nouns and pronouns include the plural.
K. S. MOSS CAPITAL CORP., a Texas
corporation
By:�4,11ud'pLdo" ' p t;h44-
Wendi Kellam, President
AGREED TO AND ACCEPTED
MP AND HM PATEL PARTNERS, a Texas
general partnership
By:
Manu Patel, Partner
i
Hetal Patel, Partner '
OVNI, INC., a Texas corporation
By:
Nege.- )4nhesb 4k4oA-
Title: e� &(
General Warranty Deed 4
Doc 8h Vol Ps
01001133 OR 8653 121
STATE OF TEXAS
COUNTY OF BRAZOS
This instrument was acknowledged before me on this the /lam day of June, 2008, by Wendi
Kellam, President of K. S. Moss Capital Corp., a Texas corporation, on behalf of said corporation.
=SPAMELA BALVATO
, State of Texastasbn ExPuosT8 NIOR
STATE OF TEXAS
ON IVIIII) MI.)
✓lcGe4J z�6
Wary Public, State of Texas
This instrument was acknowledged before me on this / tP day of June, 2008, by Manu Patel,
Partner of MP and HM Patel Partners, a Texas general partnership, on behalf of said partnership.
m0f�lma)n
ATO j /,{I)�(.L&Lj�
rexas
res 9 Public, State of Texas
STATE OF TEXAS
COUNTY OF BRAZOS
This instrument was acknowledged before me on this _.-LLB day of June, 2008, by Hetal Patel,
Partner of MP and HM Patel Partners, a Texas general partnership, on behalf of said partnership.
PAMELA $ALVATO
+ • Notary Pubk'slate...texas
Mr 0ommIssion Fxos>s N t Public, State of Texas
AUGUST a, 2008
STATE OF TEXAS
COUNTY OF BRAZOS
This instrument was acknowledged before me onIfic,
day of June, 2008, by�,
2 AP— of OVIVI, INC., a Texan, on behalf o said corporation,
GCS
PAMELA SALVATO State of Texas
Notary PubNC. State of Taxes
My commission Expires
AUGUST 8, 2008
General Warranty Deed 5
Oor_ Sk Vol Fa
+J1O01133 OR 9E53 122
STATE OF TEXAS §
COUNTY OF BRAZOS §
This instrument was acknowledged before me on this IL day of June, 2008, by VINOD R.
KIItANL
,rRbaj PAMELASALYATO
Notary Pubk, sure W Yegs
tN Commission E>tdres _
AUGUST e, 200a 3NotPublic, State of 4Texas
PARED IN THE LAW OFFICE OF:
BRUCHEZ, GOSS, THORNTON, MERONOFF AND HAWTHORNE, P.C.
4343 Carter Creek Parkway, Suite 100
Bryan, Texas 77802 File Number: 08.1199:PEMlldv
AFTER RECORDING RETURN TO:
AGGIELAND TITLE COMPANY
3740 Copperfield Dr., Suite 101
Bryan, Texas 77802
Filed for Record in:
BRAZOS COUNTY
On: Jun 17r2008 at 03:34P
As a
NO LABEL R CE OROING
Document NUmbeP: 01001133
Amount 31.00
Receipt Number - 343812
Bit
Kim Green
STATE OF TEXAS COUNTY OF BRAZOS
I herebu rertifv that this instrument was
filed on the date and tine stamped 'hereon by at
and was duly recorded in the volume and page
of the Official Public records of:
BRAZOS COUNTY
as stomped hereon by me.
Jun 17r2OOB
HONORABLE KAREN HCOUEEN, COUNTY CLERK
BRAZOS COUNTY
General Warranty Deed 6
Doc 8k Vol Pe
01045867 OR 9385 288
NOTICE OF CONFIDENTIALITY RIMTS: "IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE
OR STRIKE ANY OR ALL OF THE FOLLOWING INFOMATIOIT FROM ANY INSTROMNT THAT
TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT I8 FILED FOR RECORD IN THE
PUBLIC RECORDS: YOUR SOCIAL SECURITY RMSER OR YOUR DRIVERS LICENSE MMRR."
PRIVATE SEWER EASEMENT
DATE: 1"A(,mizee Or 2009
GRANTOR: K.S. MOSS CAPITAL CORP., A TEXAS CORPORATION
GRANTOR'S MAILING ADDRESS: 22803 TIMBERLAKE CREEK ROAD, TOMBALL, HARRIS
COUNTY, TEXAS 77377
GRANTEE: MOV PARTNERSHIP, A TEXAS GENERAL
GRANTEE'S MAILING ADDRESS: 1724 HEATH DRIVE, COLLEGE STATION, BRAZOS
COUNTY, TEXAS 77945
GRANTOR'S LIENHOLDER:
GRANTOR'S LIENHOLDEWS MAILING ADDRESS:
GRANTEE/DOMINANT ESTATE PROPERTY:
BEING THAT CERTAIN 3.76 ACRE TRACT OR PARCEL OF LAND, LYING AND BEING
SITUATED IN THE ROBERT STEVENSON SURVEY, A-54, COLLEGE STATION, BRAZOS
COUNTY, TEXAS, SAID TRACT BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT
"A" ATTACHED HERETO AND MADE A PART HEREOF.
EASEMENT PROPERTY:
BEING THAT CERTAIN 0.021 ACRE TRACT OR PARCEL OF LAND, LYING AND BEING
SITUATED IN THE ROBERT STEVENSON SURVEY, A-54, COLLEGE STATION, BRAZOS
IA INTY, TEXAS, SAID TRACT BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT
-8" A'L"IACHED HERETO AND MADE A PART HEREON.
FASEMFTIT PURPOSE: 71NSTNI—I T7 _ATION, CONSTRUCTION, OPERATION,
A'IAIN'6ENANC14, RE -PLACEMENT, REPAIR, UP(ARA1 E. ANID
REMOVAL OF A SANITARY SEWFER LINE.
CONSIDERATION: GOOD AND VALUABLY, CONSIDERATION THE ncrcmm
AND SUFFICIENCY OF WHICH ARE ACKNOWLEDGED -BY
GRANTOR.
RESERVATIONS FROM CONVEYANCE: NONE
6or Bk Vol Ps
01045867 DR 9385 289
EXCEPTIONS OF WARRANTY: ALL OF RECORD
GRANT OF EASEMENT: Grantor, for the Consideration and subject to the Reservations from
Conveyance and Exceptions to Warranty, grants, sells, and conveys to Grantee and Grantee's heirs,
sueoessars, and assigns an easement over, on, and across the Easement Property for the Easement
Purpose, together with all and singular the rights and appurtenances thereto in any way belonging
(collectively, the "Easement"), to have and to hold the Easement to Grantee and Grantee's heirs,
successors, and assigns forever. Grantor binds Grantor and Grantees hairs, successors, and assigns to
warrant and forever defend the title to the Easement in Grantee and Grantee's heirs, successors, and
assigns against every person whomsoever lawfully claiming or to claim the Easement or any part of the
Easement, except as to the Reservations from Conveyance and Exceptions to Warranty.
TERMS AND CONDMONS: The following terms and conditions apply to the Easement granted by
this Agreement:
1. C6amcter of Bamaiewr. The Easement is appurtenant to, runs wilh, and inures to the benefit of
all or any portion of the Dominant Estero Property, whether or not the Easement is referenced or
described in any conveyance of all or such portion of the Dominant Estate Property. The
Easement is nonexclusive and irrevocable. The Easement is for the benefit of Grantee and
Grantee's heirs, successors, and assigns who at any time own any interest in the Dominant Estate
Property (as applicable, the "Holder").
2. Dwratow ofEaseawAl. The duration of the Easement is perpetual.
3. Reservation of Rtgbtr. Holder's right to use the Easement Property is nonexclusive, and grantor
reserves for Grantor and Grantor's heirs, successors, and assigns the, right to use all or part of the
Easement Property in conjunction with Holder as long as such use by Grantor and Grantor's
Heirs, successors, and assigns does not interfere with the use of the Easement Property by Holder
for the Easement Purpose, and the right to convey to others the right to use all or part of the
Easement Property in conjunction with Holder, as long as such further conveyance is subject to
the terms of this agreement
4. Secondary Easwewrart. Holder has the right (the "Secondary Easement") to use as much of the
surface of the property that is adjacent to the Easement Property ("Adjaceut Property") as may be
reasonably necessary to install and maintain the Facilities within the Easement Property that are
reasonably suited for the Easement Purpose. However, Holder must promptly restore the
Adjacent Property to its previous physical condition if changed by use of the rights granted by
this Secondary Easement
5. ImpyowAmwt awl mabeenatrce of Baseeeewt Property. Improvement and maintenance of the
Easement Property and the Facilities will be at the sole expense of Holder. Holder has the right
to eliminate any encroachments into the Easement Property. Holder must maintain the Easement
Property in a neat and clean condition. Holder has the right to construct, install, maintain,
replace, and remove the Facilities under or across any portion of the Easement Property. All
matters conceming the Facilities and their configuration, construction, installation, maintenance,
replacement, and removal are at Holder's sole discretion, subject to performance of Holder's
obligations under this Agreement. Holder has the right to remove or relocate any fences within
the Easement Property or along or near its boundary lines if reasonably necessary to construct,
install, maintain, replace, or remove the Facilities, subject to replacement of the fences to their
original condition on the completion of the work.
FWD �GIBBnSVWArSE1�IG79B1! PAN
Doc 8k Vol Ps
01045867 0R 9385 290
6. Equkable Rights of Enforcement. Ibis Easement may be enforced by restraining orders and
injunctions (temporary or permanent) probibiting interference and commanding compliance.
Restraining orders and injunctions will be obtainable on proof of the existence of interference or
threatened interference, without the necessity of proof of inadequacy of legal remedies or
irreparable berm, and will be obtainable only by the parties to or those benefited by this
agreement provided, however, that the act of obtaining an injunction or restraining order will not
be deemed to be an election of remedies or a waiver of any other rights or remedies available at
law or in equity.
7. Anormq's Fees. If either party retains an attorney to enforce rids agreement, the party prevailing
in litigation is entitled to recover reasonable attorney's fees and court and other costs.
S. Bkrdimg Effect. This agreement binds and inures to the benefit of the parties and their respective
heirs, successors, and permitted assigns.
9. Choice of Law. This agreement will be construed under the laws of the State of Texas, without
regard to choicoaof--law rules of any jurisdiction. Venue is in the county or comities in which the
Easement Properly is located.
10. Counterparts. This agreement may be executed in any number of counterparts with the same
effect as if all signatory parties had signed the same document. All counterparts will be construed
together and will constitute one and the same instrument.
11. Wahw of Defauk. It is not a waiver of or consent to default if the nondefauhing party fails to
declare immediately a default or delays in taking any action. Pursuit of any remedies set forth in
this agreement does not preclude pursuit of other remedies in this agreement or provided by law.
12. Further Assurances. Each signatory party agrees to execute and deliver any additional
documents and instruments arid to perform any additional acts necessary or appropriate to
perform the terms, provisions, and conditions of this agreement and all transactions contemplated
by this agreement.
13. Indemnity. Each patty agrees to indemnify, defend, and hold harmless the other party from any
loss, attorney's fees, expanses, or claims attributable to breach or default of any provision of this
agreement by the indemnifying party.
14. Integration. This agreement contains the complete agreement of the parties and cannot be varied
except by written agreement of the parties. The parties agree that there are no oral agreements,
representations, or warranties that are not expressly set forth in this agreement.
15. Legal Construction. If any provision in this agreement is for any reason imenformable, to the
extent the unenforombility does not destroy the basis of the bargain among the parties, the
unenformability will not affect any other provision hereof, and this agreement will be construed
as if the unenforceable provision had never been a part of the agreement. Whenever context
requires, the singular will include the plural and neuter include the masculine or feminine gender,
and vice versa. Article and section headings in this agreement are for reference only and are not
intended to restrict or define the text of any section. This agreement will not be construed more
or less favorably between the parties by reason of authorship or origin of language.
16. Notices. Any notice required or permitted under this agreement must be in writing. Any notice
required by this agreement will be deemed to be delivered (whether actually received or not)
C1MU�AlESEMIII iAlOA91r PAU$
0or Bk Vol Ps
01045867 OR 9385 291
when deposited with the United States Postal Service, postage prepaid, certified mail, return
receipt requested, and addressed to the intended recipient at the address shown in this agreement.
Notice may also be given by regular mail, personal delivery, courier delivery, facsimile
transmission, or other commercially reasonable means and will be effective when actually
received. Any address for notice may be changed by written notice delivered as provided herein.
17. Reckaft. Any recitals in this agreement are represented by the parties to be accurate, and
constitute a part of the substantive agreement
18. Time. Time is of the essence. Unless otherwise specified, all references to "days" mean calendar
days. Business days exclude Saturdays, Sundays, and legal public holidays. if the date for
performance of any obligation falls on a Saturday, Sunday, or legal public holiday, the date for
performance will be the next following regular business day.
GRANTOR
K.S. MOSS CAPITAL CORP.
BY:
GRANTEE:
MOV PARTNERSHIP, A TEXAS GENERAL
PARTNERSHIP
BY: MP AND HM PATEL PARTNERS, A
TEXAS GENERAL PARTNERSHIP
BY: OVM INC., A TEXAS
CORPORATION
cv�wl�lw�v,�gr�mvnsvuv�nnwawvwr .,,GE.
Doc 8k Vol Ps
01049867 OR 9385 292
THE STATE OF TEXAS
COUNTY OF vA Ps 9— 9-1 S
This ioatlunent was acknowledged before me, the undersigned authority, on this the ab day of
Ot,lvh.e' 2009, by WENDI KELLAM, PRESIDENT of K.S. MOSS CAPITAL CORP.,
a Texas Corporation, on behalf of said Corporation.
THE STATE OF TEXAS
COUNTY OF 4 Z-*"
N0194Y PUBLIC, STATE OF TEXAS
KYLE
is instrument was acknowledged before me, the undersigned authority, on this
�/�. . 2009, by MANU PATEL, PARTNER of MP AND HM PATE)
a Texas general partnership, on behalf of said General Partnership.
,;o"g"6j�, J fRED BAYLISS
i Notary ornml, State of Taxae
y; MyCommisalonEx Tres ..LL
"I" December 10, 20t 1 NOTARY PUBLIC, STATE OF TEXAS
THE STATE OF TEXAS
COUNTY OF
is insgumant was acknowledged before me, the undersigned authority, on this the � day of
2� 2009, by WTAL PATEL, PARTNER of MP AND HM PATEL PARTNERS,
a Texas general partnership, on behalf of said General Partnership.
3y,.•• •P,f
J FRED BAYLISS
Notary Public, State of Texas
y�• • s
�ir/ima
My Commission Expires
December 10. 2011
THE STATE OF TEXAS
§
COUNTY OF §
NOTARY PUBLIC, STATE OF TEXAS
This instrument was acknowledged before me, the nindersigned authority, on this the !/day of
/yGbe-&9 tC4— ^, 2009, by MAHESH THAKRAR, OFFICER of OYIVI, INC., a Texas
corporation, on behalf of said Corporation.
ra.rru.w.�...�r•.
' .. J RED BAYLISS
Notary Public, State of Texas
My Commission Expires
December 10, 2011
NOTARY PUBLIC, STATE OF TEXAS
t:MtoyuVpwnuSwdrsVuy�nsewwEeerawaan PMS
Doc Sk Vol Ps
01045867 OR 9385 293
THE STATE OF TEXAS §
COUNTY OF &oo §
This instrument was acknowledged before me, the undersigned authority, on this thaV?day of
hV4-#%1%e 2009, by VINOD R KIKANL.
DAWN L. HOVER
61YCOMMMION�t IRES
PREPARED JN THE LAW OFF:CEOF:
T. FRED BAYLISS, P. C.
1721 BDZMINOHAMDRrv%SUITE 206
COLLEGE STATION, TEXAS 77945
AmaRRRCoRDmREnmNTo.
L FRED BAYLISS, P.0
NOVA ' �P BLIC, STATE OF TEXAS
Filed for Record in:
BRAZOS COUNTY
On: Nov I04009 at 03:57P
As a
Recordinss
Document Number: 01043867
Amount 44.00
Receipt Number - 378089
Bur
Kin Green
STATE OF TEXAS COUNTY OF BRAZES
I hereby certify that this instrument was
filed an the date and time stamped hereon by me
and was duly recorded in the volume and pass
of the Official Public records of:
BRAZOS COUNTY
as stamped hereon by me.
Nov IWOO9
HONORABLE KAREN RCMENr COUNTY CLERK
BRAZOS COUNTY
Doc ok Vol Pq
01045867 OR 9385 294
3.76 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 a 14.28
acre tract described in the deed from First Federal Savings Bank, Bryan, Texas to K. S. Moss
Capital Corp., recorded in Volume 2763, page 147 of the Official Public Records of Brazos
County, Texas, end said 3.76 acre tract, being more particularly described as follows:
BEGINNING at a 1/2" iron rod set at the common comer between the beforementioned 14.28
acre tract and the 3.838 acre - Tract No. 3 described in the deed to College Station Market Place,
recorded in Volume 6647, page 207 of the Official Public Records of Brazos County, Texas,
same being in the southwest right-of-way line of State Highway No. 6 (320' right-of-way);
THENCE S 4314513111 W along the common line between the beforementioned 14.28 acre tract
and the following two tracts: the beforementioned 1.838 acre tract, and the remainder of a
14.0679 acre tract described in the deed to Spring Creek CS Development, Ltd., recorded in
Volume 5583, page 120 of the Official Public Records of Brazos County, Texas, at a distance of
13.6 feet pass a 1/2" iron rod found at a 2" iron pipe fence post, continue on, for a total distance
of 620.76 feet to a 1/2" iron rod set;
THENCE along the east bank of a tributary to Spring Creek, (current tributary now a pond 10 -
15 feet deep), as follows:
N 58' 19' 33" W for a distance of 14.70 feet,
S 86" 08' S3" W for a distance of 17.34 feet,
N 07° 48' 39" W for a distance of 13.28 feet,
N 27° 44' 44" E for a distance of 19,27 feet,
Ni20° 21' 43" E for a distance of 26,99 feet,
N 10° 35' 46" E for a distance of 26.45 feet,
N 06° 33' 25" W for a distance of 40.46 feet,
N 14° 16' 14" W for a distance of 30.58 feet,
N 55012' 48" W for a distance of 98.87 feet,
N 140 40' 45" W for a distance of 20.89 feet,
N 31152' 31" E for a distance of 38.27 feet, -
N 02158' 1511 E for a distance of 27.67 feet,
N 070 13'22" W for a distance of 27.99 feet,
N 45° 5T 05" W for a distance of 20.26 feet to a 1/2" iron rod set in the common line between
the beforementioned 14.28 acre tract and Lot 1, Block 1 - 3,935 acres - K,T.H. Commercial
Addition, according to the plat recorded in Volume 4377, page 206 of the Official Public
Records of Brazos County, Texas;
THENCE N 43° 45' 50" E along the common line between the beforementioned 14.28 acre tract
and Lot 1, Block 1, K.T.H. Commercial Addition, adjacent to a fence, for a distance of 443.48
feet to the common comer between the said 14.28 acre tract and Lot 1, Block 1, K.T.H.
Commercial Addition in the southwest right-of-way line of State Highway No. 6;
THENCE S 47' 19' 17" E along the southwest right-of-way line of the beforementioned State
Highway No. 6, for a distance of 307A7 feet to the PLACE OF BEGINNING, containing 3.76
acres of land, more or less.
err -�-
QOr Sk— Vol
01045867 OR 9385
Ps
295
tlWtUNYu+rn Ilah.", MEIVMM.� Ru..�MO��rx�NW�H v,x, rwrn�e. r „�.v .....�.
K. S. Moss Capital Corp,
Public Utility Easement
Robert Stevenson Survey, A-54
College Station, Brazos County, Texas
Field notes of a tract or parcel of land, lying and being situated In the Robarl Stevenson Survey,
Abstract No. 54. College Station, Brazos County, Texas, and being part of the 14.28 acre tract
described in the deed from First Federal Savings Bank, Bryan, Texas, to K. S. Moss Capital Corp.,
recorded In Volume 2763, Page 147, of the Official Records of Brazos County, Texas, and said parcel
being more particularly described as follows:
BEGINNING at a'%" Iron rod found marking the south comer of a 3.76 acre tract described in
the deed to MOV Partnership, recorded in Volume 8653, Page 117, of the Official Records of Brazos
County, Texas, said'/"" Iron rod also being in the northwest fine of a 1.36 acre bract described In the
deed to College Station Marketplace, L.P., recorded In Volume 8437, Page 3, of the Official Records of
Brazos County, Texas;
THENCE S 43045' 31" W along the common line between the befurementioned 14.28 acre tract
and the following two tracts: the beforomentloned 1.36 acre tract and the Common Area E, as shown
on the plat of Spring Creek Gardens Subdivision Phase 2, according to the plat recorded in Volume
7402, Page 119, of the Official Records of Brazos County, Texas, for a distance of 30.20 feet to a 60d
nail set in the north line of a City of College Station 20' Public Utility Easement as described In Volume
6067, Page 259, of the Official Records of Brazos County, Texas;
THENCE N 88° SS 58' W along the north line of the beforementioned 20' public utility easement,
for a distance of 17.34 feet to a 80d pall ,at;
THENCE N 100 03' 29" E for a distance of 32.26 feet;
THENCE S 790 56' 31" E for a distance of 5.29 feet to a W Iron rod set on the east bank of a
tributary to Spring Creek (current tributary now a pond 10.15 deep), same being the south line of the
beforementioned 3.16 acre tract;
THENCE along the south line of the beforementloned 3.78 acre traol, some being the east bank
of a tributary to Spring Creek, as follows:
S 07° 48' 39' E for a distance of 4.38 feet,
N 860 08' S4" E for a distance of 17.34 feet,
S $8019' 33" E for a distance of 14.70 feet 10 the PLACE OF BEGIN
containing 0.021 acre of land, more or less.
Surveyed July 2:0 i.P•�,o`
,A 240
S. M. Kling 94.•''-'0s
R.P.L.S. No. 2003 SU'
&SEAPT ME{ES
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wwYE 0007, PME 2ai
L2 A'BB'BJ'885y, 17.,T4' aExa uxE `
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14 57958:71� %29' IK.$ MOSS CAPRN. CORP. : 9
LB S074B79'E'� 4.J9' REMAINDER OP 14.20 ; MOV F
LB N58'0934E 17.J4' ACRE TRACT 3.T
17 558'19'JJ1F1 11.70' I VOLUME 2763. PAGE 147 ,r•'. �VOLUME I
IS WOARW
yg1111r 702. PM£ t19
p 1 l LOT 11 BLOCK 3
1 SPRING CREEK GARDENS PHASE 2
VOLUME 7402, PAGE 119
N
117
COMMON AREA aPRING —
1 CREEK GARDENS
1 BLOCK 3, PHASE 2 1
r VOLUME 7402, PACE 110 1
COLLEGE S AMON
MARKETPLACE
CALLED 1.36 ACRE TRACT
I VOLUME 8437. PAGE 3 1
I
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