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** N Policy Number 10 1177357
* SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED
IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, OLD REPUBLIC NATIONAL MILE INSURANCE COMPANY,
a Mlimesota corporation, hereto Caged 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, sustainted or Incurred by the insured
by reason at:
1, Title to the estate or Interest described in Schedule A being vested other than as stated therein;
2. Any doted in of Ilan or enownbranca on the Blm;
3• Any stahrtoy or constitutional mechWs, contractm's, or matedahm m s limn 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 adud inddoasible idle.
The Company also will pay the costs, attorneys' fees and expanses incurred In defense of the title, as insured, but only to the extent provided in the Conditions
and IN WITNESS HEREOF, the OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY to caused this policy to be executer! by Its Prudent under the seal of
the Company, but this policy is to be valid only when g bears an authorized rx<lnters grudure, as of the date ad fodh In Schedule A.
EXCLUSIONS FROM COVERAGE
The following mallers are expressy excluded from the coverage of this policy and the Company will not pay loss or damage, costs, offomeys' fees or
expenses which arise by reason of:
1. (a) Any law, ordinance or governments! regulation (including but not limited to building and zoning laws, ordinances, or regulations) reshiding,
regulating, prohihfting or relating to (Q the occupancy, use, or enjoymord of the land o the character, dimensions or location of any improvement
now or hereafter erected on the land; (d) a separation In ownership or a change in the dimensions or area of the land or any paces of which the
land Is or was a pad; or (iv) erwironmenlai protection, or the eged of any violation of these laws, ordtaames or governmental rryWations, except to
the extent that a notice of the enforcement thereof or a notice of a defect Ban or encumbrance result from a violation or alleged violation
effeclapg the land has been recorded in the public records at Date of Policy.
(b) Any govemmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, Ben or
eraumbranee resulting from a violation or alleged viofavon agadkug the land has boor recorded in the public records at Date of Policy.
2. Rights of emblent domain unless notice of the exercise Woof has been recorded in the public records at Date of Policy, but not exckagng from
coverage any latdng that has occurred pia to Date of Policy which would be binding an the rights of a purdduasa for value without knowledge.
3. Defects, Bans, encumbrances. atvam claims at other mates:
(a) created, suffered, assumed or agreed to by the insures daimanL
(b) not fmowm to the Company, not recorded In the puublic records at Date of Polity, but known to the insured claimant and not disclosed in willing to
the Company by the Insured claimant prior to the plate the insured claimant became an Insured under this policy;
(c) res ulft In no leas or damage to the Insured claimant;
(it) attaddng or created subsequent to Date of Policy;
(a) resulting In less or damge that wdukd not have been sustained B the insured claimant had paid value for the estate or interest insured by this
WAY
4. The refuteei of any person to purchase, lease or land money on the estate or interest covered hereby in the laced described in Schedule A because of
ummarketaM'Bty of the Me.
S. Any claim which adses out of the tram 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 (Wal bankruptcy, slate insolvency, or other state or federal creditors' rights laws that is basal on either () the transaction
creating the mate or Interest insured by lids Poky being deemed a traudulard conveyance or fraudulent transfer or a voidable distdhrdioh or voidable
dividend, tm fha subordination or rechimiderhatbn of the estate or interest buered by lids Policy as a result of the applicagsn of fie doctrine of
equitable subordmmBan or (ih) the transaction creating the estate or Interest Insured by this Policy being deemed a preferential transfer except where the
preferential transfer results from the falaure of the Company or its issuing agent to limey No for record the instrument of transfer to the insured after
delivery or the failure of such retardation to impart notice to a purchaser for value or a judgment or lien creditor.
Aggieland Title Company
fired Through 11re Ofkke of 3740 Copperffeld Drive, Suite 101
Bryan, Texas 77802
979/731-8400 979/731-8408 (fax)
OLD REPUBLIC NATIONAL
A Stock Company
400SocondAvenueSorrer, Mk
(012)371-1111 "
ki
TITLE INSURANCE COMPANY
lt4FN°1� Mlnneanta 55401
A Ht�
.s �'; PIeSIdBnf
G.P. No. 19712
Policy No. TO 1177357
Amount of Insurance: $290,000.00
Premium: $2,208.00
Date of Policy: December 2, 2004, 04.04 pm
1. Name of Insured: Oakwood Custom Homes Group, Ltd.
2. The estate or interest In the land that is covered by this policy is: Fee Simple
Issued with Policy No. TM 1354802
Title to the estate or interest'bt the land is insured as vested in: Oakwood Custom Homes Group, Ltd.
4. The land referred to in this policy is described as follows:
Tratt One:
Metes and bounds description of all that certain 29.51 acre tract or parcel of land, lying and being situated in the
Morgan Rector League, Abstract No. 46, College Station, Brazos County, Texas and being a portion out of that
same called 40.38 acre remainder of that same 163.50 acre tract conveyed to Burton R. Hermann, et ux, as
described by deed recorded in VOLUME 2085 PAGE 289 of the Official Records of Brazos County, Texas, said
29.51 acre tract being more particularly described by metes and bounds on Exhibit A.
Tract TWO;
Metes and bounds description of all that certain 0.015 acre tract or parcel of land, lying and being situated in the
Morgan Rector League, Abstract No. 46, College Station, Brazos County, Texas and being a portion out of that
same called 1A1 acre tract conveyed to Burt Hermann, et ux and recorded in VOLUME 4710 PAGE 271 of the
Official Records of Brazos County, Texas, said 0.015 acre tract lacing more particularly described by metes and
bounds on Exhibit B.
Note. The company is prohibited from insuring the area or quita tty of the is nd descrilbed herein, any statement in the
attached legal deseripdons of the area or quand# of land is not a representation that such area or quantity is correct,
but is made only for ir4 ormadonal and/or idenh'jieation purposes and does not override item No. 2 of Schedule B
hereof.
Old Republic National Title
bnsnrance company
See Continuation Page
Exhibit 0°A"
Metes and bounds description of all that certain 29.51 acre tract or parcel of land, lying and being situated
in the Morgan Rector Loague, Abstract No. 46, College Station, Brawl County, Texas and being a portion
out of that as= called 40.38 am remainder of that same 163.50 acre tract conveyed to Burton R.
Hermann, et ux, as described by deed recorded in VOLUME. 2085 PAGE 289 of the Official Records of
Brazos County, Texas, said 29.51 acre tract being more particularly described as follows:
j3Ef�r at a f," iron rod at the brio of a farce post, found marking the east comer of that same 9.74
acre tract conveyed from Virginia Bonskie to the City of College Station, as described by deed recorded in
VOLUME 368 PAGE 336 of the Deed Records of Brazos Caurdy, Texas, and being an angle point is the
so�hwost•line of a 1 .47 acre tract conveyed to David A. Itienek, at as deac*bed by deed recorded in
VOLUME 5832 PAGE 187 of the Official Records of Brazos County, Texas;
S SW 28' 03" E - 378.90 feat along said 12.47 acre tract to a 1V iron rod found for angle point,
being the son& comer of tha said 12.47 acre trace, and common with the west comer ofthe 23.75 acre tract
conveyed to Carl Kopec, et ur, &a described by dads recorded in VOLUME 2558 PAGE 126, VOLUME
3213 PAGE 335 and VOLUME 3213 PAGE 339 of the Official Records of Brazos County, Texas;
Thence along the said 23.75 acre tract the following calls:
S 44°45' i0" E - 29132 feetto a %" iron rod found for angle point
S 43" 49' 56" E - 32.70 that to a W iron rod found for corner,
S 39045' 40" W - 220.85 feet to a W iron rod found for angle point
S S0° 38' 06" W - 229.75 feet to a capped IN' iron rod found at a curve to the left (R = 30.00 feet);
Thence 49.60 feet along the curve, whose chord bears S 010 45' 34" E - 44.14 feet, to a IN' iron
rod found for corner,
S 51° 36'12" E - 51.06 feet to a capped W* iron rod set for comer;
S 380 22143" W - 79.91 fat to a'fe" iron rod found for angle point;
S Or 26116" W - 44.20 feet to a %a" iron rod found for angle point
S 120 30'41" E - 630.26 feet to a %" iron rod found for angle point;
S 04" 48'W' W - 297.79 feet to a point for comer in Wolf Pen Creek, being the south comer of
the said 23.75 acre trace, and also being in the northwest line of the 12.39 we tract conveyed to
Shelley L Cashion, Trustee in VOLUME 3359 PAGE 269 of the Official Records of Dram
County, Texas; .
T1 S ( S 41019' 55" W - 136.11 fort along said 12.39 we tract to a point fir corner in the northwest
lime of said 12.39 acre tract, and being in the centerline of Wolf Pen Creek;
Thence the following calls with said centerline:
N 59155'37" W - 67.33 feet to a point for angle point,
N 4r 58'57" W - 57.30 feet to a point for comes;
N 23014'25" E -10332 feet to a point for corner,
N 68" 34102" W - 44.04 feet to a point for angle point;
9 760Ol'35" W - 34.42 feet to a point for angle point;
S 610 45'04" W - 67.43 feet to a point for angle.point;
S 26" 58152" W - 47.66 feet to a point for angle paw
S 760 58156" W - 42.35 feet to a point for angle point;
N 59° 02'57" W-108.18 feet to a point for comer;
S 590 42' 12" W -116A6 feet to a point for angle point;
S 750 5246" W - 24.55 feet to a point for comer in Lot I of Horse Haven Estates, a 10.49 acre
tract conveyed to Iowa National Corporation and recorded m VOLUME 4624 PAGE 177 of the
Official Records of Brazos Ctnntty, Texas and as depicted by plat recorded in VOLUME 4285
PAGE 35 of the Official Records of Brazos County, Texas; said point also common with the 1.41
acre tract conveyed, to Butt Harmaam, et ux and recorded in VOLUME 4710 PAGE 271 of the
Official Records of Brazos County, Texas;
THENCE N 26° 42' 33" W - 441.90 feet with the northeast line of said Lot I to a capped f." iron rod set
for comer;
nffN—U N 570 32' 49" E - 86.45 feet across said IA acre tract and along the said lease tract to a capped
'/a" iron rod set for comer;
Thence along the said lease tract the following calls:
N 230 01' 12" W - 56.30 feet to capped h" iron rod set for comer,
S 580 20' 48" W - 89.97 feet along said lease tract and across the said 1,41 acre tract to capped W
iron rod set for comer in the northeast line of said Lot 1;
TB ICE N 260 42' 33" W-137.30 feet with said northeast line to a capped %:" iron rod set for canter;
njEMM S 68° 45' 43" W - 153.72 feet with the north line of said Lot I to a capped'!:" iron rod set for
corner in the southeastern right-of-way of Horse Haven Land (50.00 feet) as depicted by said Lot I of
Horse Haven Estates plat;
Thence along the tight -of -way line ofHorse Haven Lane the following calls:
N 41° 43' 40" E-37.54 feet along the said right-of-way to acapped K" iron rod act fur comer,
N 4r 16' 12" W - 5.00 feet along the said rigl+t-of-way to a capped W iron rod set for caner;
N 410 43' 40" E - 127,98 feet along the said right-of-way to a capped W fron rod set for the
beginning a curve to the right (R-501.09 feet);
Thence 202.19 feet along the said curve, whose chord bears N 53° 17' 16" E-200.82 feet to a .
capped W iron rod set for the beginning of a reverse curve to the left (R=354.89 feet);
Thence 279.24 feet along the said curve, whose chord bears N 420 18' 21" E-272,09 feet to a
capped W iron rod found for end of said curve;
N 190 45' 53" E - 152.14 feet to a W capped iron rod set for comer;
Thence the following calls through the 2.05 acre tract conveyed to Burt Hermann, et ux, described is deed
recorded in VOLUME 5011 PAGE 93 of the Official Records of Brazos County, Texas:
S 426 27' 1T' E - 204.43 feet to a capped %" iron rod set for comer;
N 460 07' IF E-134.71 feet to a capped W iron rod set for comer;
N 430 52' 07" W - 230.05 feet to a capped Y2" iron rod set at the beginning of a curve to the right
in said rigbt-of-way of Horse Haven Lane (R — 25.00 ft);
15.61 feet along the said curve whose chord bears N 89° 18' 11" E - 15,42 feet to a W' capped
iron rod found for comer at the beginning of a reverse curve to the left (R = 50.00 feet);
Times the following calls along the right-of-way of Horse Haven Lane (50.00 feet).
240.54 feet along the said curve whose chord bears N 30" 33' 16" W - 6715 feet to a'/2" capped
iron rod found for comer at the beginning of a reverse curve to the right (R = 25.00 feet);
19,48 feet along said. curve whose chord bears S 320 48' 01" W - 18.06 feet to a chiseled "X" in
concrete, set for comer at a reverse curve to the left (R = 250.00 feet);
149.27 feet along said curve whose chord bears S 36° 52' 09" W - 147,06 feet to a capped W iron
rod set for end of curve;
S 19° 45' 53" W - 169.85 feet to capped a W' iron rod set for beghwing of a curve to the right (R
= 304.89 feet);
239.90 feet along said curve whose chord bears S 420 18' 21" W - 233.76 feet to a capped 'f" imn
rod set for the beginning of a reverse curve to the left (R - 551.09 feet);
'227-35 feet along said curve whose chord bears S 53017' 18" W - 220.84 feet to a capped W' iron
rod found for end of said carve;
S 41" 43' 40" W-127.98 feet to a capped'/:" iron rod -set for comer,
N 48° 16' 12" W -5.00 feet to a capped W' iron rod set for comer, and being the beginning of a
curve to the left (R = 585.00 thet), and being in the eastern boundary of Lot 2 Horse Haven Estates
as depicted by Correction Plat in VOLUME 3158 PAGE 335 of the Official Records of Brazos
County, Texas;
TBWCE 162.41 feet along said curve whose chord bears N 33129' 31" E - 161.85 feet to a capped'h"
iron rod fond for comer, and lying in the southeast line of Lot 2, Horse Haven Estates, as depicted by plat
recorded in VOLUME 3158 PAGE 515 of said Official Records;
N 25" I S' 38" E - 641.33 feet to a %a°' iron rod found for the can comer of said I.ot 2;
Nt~ N 50° 24' 03" W - 674.31 feet to a %" iron rod found for the north comer of said Lot 2;
nUM N 41° 55' 45" E - 171.61 Poet to a %" iron rod found for comer in dro southwest line of said 9.74
acre tract;
T J S 470 52' 01" E - 530.62 feetwith said southwest line to a W iron rod found for comer,
THENCE N 42" 10' 28" E •. 534.11 feet with the southeast lime of said 9.74 acre tract to the PLACE OP
BEGINNING. and containing 29.51 acres of land.
EXHIBITi B
METES AND BO>' W DESCRIPTION
OF A
0.015 ACRE TRACT.
MORGAN RECTOR LEAGUE, ABSTRACT NO.46
COLLEGE STATION, BRAZOS COUNTY, TEXAS
Metes and bounds description of all that certain 0.015 acre tract or parcel of land, lying
and being situated in the Morgan Rector League, Abstract No. 46, College Station,
Brazos County,i Texas and being a portion out of that same called 1.41 acre tract
conveyed to Burtliermann, et ux and re6orded in VOLUME 4710 PAGE 271 of the
Official Records of Brazos County, Texas, said 0.015 acre tract being more particularly
described as fpIlows: I
COMMENCING at a capped %a" iron rod found in the southeastern right-of-way of
Horse Haven Lane (60.00 feet) and being the north corner of Lot 1 of Horse Haven
Estates as depicted by plat recorded in VOLUME 4624 PAGE 177 of the Official
Records of Brazos County, Texas;
THENCE N 680 45' 43" E--153.72 feet with the northwest line of said Lot 1 to a
capped ''/2" iron'rod found for comer;
THENCE S 26° 42' 33" E—137.30 feet with northeast line of said Lot I to a capped''/"
iron rod found for the PLACE OF BEGINNING:
THENCE N 580 20' 48" E —10.24 feet across the said 1.41 acre tract to a capped %"
iron rod set for corner and common with a 0.0991 acre Sprint USA lease tract;
THENCE S 280 51' WE — 56.76 feet across the said 1.41 acre tract and along the said
lease tract to a capped W iron rod set for corner;
THEN S 57° 32' 49" W —12.39 feet across the said 1.41 acre tract to a capped'/s"
iron rod set for corner in the northeast boundary of said Lot 1;
r
TiIE= N'26° 42' 33" W — 57.08 feet with said northeast line to the PLACE OF
.BEGEIMG, and containing 0.015 acres of land.
BASIS OF BFyAPJWG: Plat of Lot I of Horse Haven Estates, as recorded inVOLLIME
4285 PAQE 35 o€.the Official Records of Brazos County, Texas.
See accompanying exhibit drawing for additional information.
r
7uly, 2004
Municipal Development Group
College ation, Texas
1tEStVISED
Surveyed by: _Z
Grey