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HomeMy WebLinkAboutRelease of LienBILL & RETURN TO: LAWYE S ITLE00. oFt� RELEASE OF LIEN Date: Febmary�L 2009 Note Date: June 7, 2007 010206�8 OR 896 P3< Original Amount: TWO HUNDRED SEVENTY THOUSAND AND NO/100 DOLLARS ($270,000.00) Maker: 60-JONES ASSOCIATES, LTD., a Texas limited partnership Payee: THE BRENHAM NATIONAL BANK Date of Maturity: as therein specified Holder of Note and Lien: THE BRENHAM NATIONAL BANK Holder's Mailing Address: P. O. Box 2568 Branham, Washington County, Texas 77834 Note and Lien Are Described in the Following Documents, Recorded in: Deed of Trust from 60-Jones Associates, Ltd. to Michael R. Rutloff, Trustee, dated June 7, 2007, recorded in Volume 8030, Page 68, Official Records of Brazos County, Texas, to secure $270,000.00 payable to The Brenham National Bank. Property (including any improvements) Subject to Lien: TRACT ONE: Metes and bound description of all that certain tract or parcel of land lying and being situated in the J. H. JONES SURVEY, ABSTRACT NO.26, Brazos County, Texas. Said tract being a portion of the remainder of a called 175 acre tract as described by a deed to Steve Hudetts recorded in Volume 63, Page 182 of the Deed Records of Brazos County, Texas; said tract being more particularly described by metes and bounds as follows: COMMENCING at a 1/2 inch iron rod found marking the west corner of a called 5.394 acre tract as described by a deed to Frank Fields and wife, Betty J. Fields, recorded in Volume 4352, Page 15 of the Official Public Records of Brazos County, Texas, and a southwest comer of said remainder of 175 acre tract, said iron rod found being on the northeast line of a called 1.896 acre tract as described by a deed to Thomas Moore recorded in Volume 1116, Page 583 ofthe Official Records of Brazos County, Texas, marking the west comer of said 5.394 acre tract; THENCE: N 440 49' 40" W along the common line of said remainder of 175 acre tract and said 1,896 acre tract for a distance of 192.94 feet to a 5/8 inch iron rod set marking the POINT OF BEGINNING of this herein described tract; THENCE-.N 44° 49' 40" W continuing along the common line of said remainder of 175 acre tract and said 1.896 acre tract for a distance of 1657.90 feet to a 1/2 inch iron rod found JDW:CPR RRENKMANATTONALRAW6040NES OM056U70000 RELEASE Peet 1 Doc 8s 01020678 OR 8967 235 marking the north corner of a called 4A949 acre tract as described by a deed to Charles Edward Ottaway, Jr. and wife, Cynthia Ann Ottaway, recorded in Volume 1237, Page 295 of the Official Public Records of Brazos County, Texas, said iron rod found being on the southeast line of a called 1,00 acre tract as described by a deed to James L. Hams recorded in Volume 923, Page 337 of the Official Public Records of Brazos County, Texas; THENCE: N 43° 44' 23" E along the common line of said remainder of 175 acre tract and said 1.00 acre tract fora distance of 126.40 feetto a 1/2 inch iron rod found marking the east comer of said 1.0 acre tract; THENCE: N 47131' 46" W continuing along the common line of said remainder of 175 acre tract and said 1.00 acre tract for a distance of 934.59 feet to a 1/2 inch iron rod found marking the north comer of a called 7.922 acre tract as described by a deed to Gloster Jefferson recorded in Volume 836, Page 129 of the Official Records of Brazos County, Texas, said iron rod found marking the east comer of a called 7.922 acre tract as described by'a deed to Bennie Wilson, Jr. and wife, Gloria M. Wilson, recorded in Volume 2915, Page 242 ofthe Official Public Records of Brazos County, Texas, and the south comer of a called 6.5 acre tract as described by a deed to Fred Jefferson and wife, Ruby Jefferson, recorded in Volume 122, Page 45 of the Deed Records of Brazos County, Texas; THENCE: N 440 45' 10" E along the common line of said remainder of 175 acre tract and said 6.5 acre tract for a distance of 426.31 feet to A 518 inch iron rod set on the south line of Jones Road marking the east corner of said 6.5 acre tract and the west corner of a called 0.744 acre tract as described by a Quit Claim Deed from Brazos County to Lucy Hudetts Walker signed and dated October 8, 1990 (not filed for record); THENCE: N 62e 54' 01" E along the occupied south line of Jones Road, same being the south line of said 0.744 acre tract, for a distance of 292.47 feet to an angle point in said line; THENCE: N 81 a 02' 30" E continuing along the occupied south line of Jones Road, same being the south line of said 0.744 acre tract, for a distance of 486.30 feet to a point marking the east corner of said 0,744 acre tract; . THENCE: N 89e 59' 18" E continuing along the south line of Jones Road for a distance of 47.38 feet to a 5/8 inch iron rod set marking the beginning of a clockwise curve having a radius of 904.93 feet; THENCE: along said curve through a central angle of 42e 21' 41" for an arc distance of 669.05 feet (chord bears; S 68e 49 52" E - 653.92 feet) to a point in an existing fence line marking the ending point of said curve; THENCE: S 47139' 02" E along the southwest line of Jones Road and along said fence line for a distance of 1502.88 feet to a 5/8 inch iron rod set marking the east corner of this herein described tract; THENCE: S 4411 P 15" W through said remainder of 175 acre tract and along the centerline of an existing 60.00 foot wide electrical easement for a distance of 397.21 feet to an existing power pole; JDW:CFR BRENIUMNATIONALBANK160J0NES 09.00=70000 RELEASE Page 2 Doc 8k Vol Ps 01020678 DR $967 236 THENCE: S 40e 58' 09" W continuing through said remainder of 175 acre tract and along the centerline of said electrical easement for a distance of 1160.87 feet to the POINT OF BEGINNING containing 79.169 acres of land, more or less. TRACT TWO: Metes and bounds description of all that certain tract or parcel of land lying and being situated in the J. H. JONES SURVEY, ABSTRACT NO.26, Brazos County, Texas. Said tract being a portion of the remainder of a called 175 acre tract as described by a deed to Steve Hudetts recorded in Volume 63, Page 182 of the Deed 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 at the intersection of the southwest lime of Jones Road (a county maintained public road) and the existing northwest line of F.M. 60 (Raymond Stelzer Parkway), for reference a concrete right-of-way marker found bears: N 400 4315911 E for a distance of 14.45 feet; THENCE: S 40e 43' 59" W along the northwest line of F.M. 60 for a distance of 472.53 feet to a concrete right-of-way marker found marking an angle point in said line; THENCE: S 41 a 51' 56" W continuing along the northwest line of F.M. 60 for a distance of 597.43 feet to a 5/8 inch iron rod set on the northeast line of a called 1.328 acre tract as described by a deed to Betty Lynn Trcalek Suehs, Carol Ann Trcalek Petty, Susan Denise Trcalek Skrabanek and Donna Ruth Trcalek Jones, recorded in Volume 4818, Page 285 of the Official Public Records ofBrazos County, Texas, marking the south comer ofthis herein described tract, for reference a 3/8 inch iron rod found marking the east corner of said 1.328 acre tract bears: S 44° 43' 07" E for a distance of 0.53 feet; THENCE: N 44' 43' 07" W along the common line of said remainder of 175 acre tract and said 1.328 acre tract for a distance of 415,67 feet to a cross -tie fence corner post found marking the north corner of said 1.328 acre tract; THENCE: S 42e 50' 02" W continuing along the common line of said remainder of 175 acre tract and said 1.328 acre tract for a distance of 139.10 feet to a 3/8 inch iron rod found marking the west corner of said 1,328 acre tract and the most easterly north corner of a called 5.394 acre tract as described by a deed % Frank Fields and wife, Betty J. Fields, recorded in Volume 4352, Page 15 of the Official Public Records of Brazos County, Texas; THENCE: S 43e 16' 54: W along the common line of said remainder of 175 acre tract and said 5,394 acre tract for a distance of 125.56 feet to a cross -tie fence comer post found marking an interior comer of said 5.394 acre tract; THENCE: N 46e 53' 11 " W continuing along the common line of said remainder of 175 acre tract and said 5.394 acre tract for a distance of 679.90 feet to a cross -tie fence comer post found marking the north corner of said 5.394 acre tract; THENCE: S 44152' 55" W continuing along the common line of said remainder of 175 acre tract and said 5.394 acre tract for a distance of 263.23 feet to a 1/2 inch iron rod found on the northeast line of a called 1.896 acre tract as described by a deed to Thomas Moore recorded in Volume 1116, Page 583 of the Official Records of Brazos County, Texas, marking the west comer of said 5.394 acre tract: JDW:CFR BRENHAMNATIONALBANK160.JONES 09-GOM700M RELEASE Page 3 ata2o6`ia OR $967 2 8 described by a Deed to Fred Jefferson and wife, Ruby Jefferson, recorded in Volume 122, Page 45 of the Deed Records of Brows County, Texas; THENCE: through the existing right-of-way of Jones Road and along the northerly lines of said 0,744 acre tract for the following calls: N 440 39' 18" E for a distance of 254.37 feet to a 5/8 inch iron rod found; N 76° 28' 02" E for a distance of 119.31 feet to a 5/8 inch iron rod found; N 89' 59' 18" E for a distance of 445.95 feet to.a point in the existing south fenced line of Jones Road marking the east corner of this herein described tract; THENCE: along the existing south fenced line of Jones Road, same being the northerly line of said remainder of 175 acre tract, for the following calls: S 81 ° 02' 30" W for a distance of 486.30 feet to a point; S 620 54' 01" W for a distance of 292.47 feet to the POINT OF BEGINNING, containing 0.744 of an acre of land, more or less. TRACT FOUR: Metes and bounds description of all that certain tract or parcel of land lying and being situated in the J. H. JONES SURVEY, ABSTRACT NO.26, Brazos County, Texas. Said tract being the remainder of a called 1.00 acre tract as described by a Deed to Steve Hudetts and wife, Barbara D. Hudetts, recorded in Volume 366, Page 8 of the Deed Records of Brazos County, Texas; saidtract being more particularly deseribedby metes and bounds as follows: BEGINNING at a 5/8 inch iron rod found on the southwest line of Jones Road (variable width R.O.W.) marking the east corner of said remainder of 1.00 acre tract and a northerly comer of the remainder of a called 175 acre tract as described by a Deed to Steve Hudetts recorded in Volume 63, Page 182 of the Deed Records of Brazos County, Texas, for reference a 5/8 inch iron rod found on the northwest line of FM 60 marking the east corner of said remainder of 175 acre tract bears: S 47° 39' 02" E for a distance of 588.53 feet; THENCE: S 421 24'01" W along the common line of said remainder of 1,00 acre tract and said remainder of 175 acre tract for a distance of 295.00 feet to a 5/8 inch iron rod found marking the south corner of said remainder of 1.00 acre tract; THENCE: N 47° 35' 59" W continuing along the common line of said remainder of 1.00 acre tract and said remainder of 175 acre tract for a distance of 145.20 feet to a 5/8 inch iron rod found marking the west corner of said remainder of 1,00 acre tract; THENCE: N 4r 24' 01" E continuing along the common line of said remainder of 1,00 acre tract and said remainder of 175 acre tract for a distance of 284.90 feet to a 60D nail found in a fence post on the southwest line of Jones Road marking. the north corner of said remainder of 1.00 acre tract; THENCE: S 47° 39' 02" E along the southwest line of Jones Road for a distance of 145.20 feet to the POINT OF BEGINNING, containing 0.95 of an acre of land, more or less. MW OR aRENnAMNATJONALBANK160•JONES 0940SM70000 RELEASE Page 5 Doc Sk Vol Ps 01020678 0R 8967 239 Holder of the Note acknowledges its payment and releases the property from the above described lien and all other liens (including Vendor's lions) that the undersigned may hold against the above described property. When the context requires, singular nouns and pronouns include the plural. Attest: THE STATE OF AS COUNTY OF THE BRENHAM NATIONAL BANK By: Name: Title• ln,roa /ct /�Sioocc� the! day ofFebruary,2009,by of The Brenham on CAROLS. FOSTER Notary Public, St of Texas NOI ? My Commission Expires My August 28.2009 .,r a $ Mica m � A N Yai agN M a WA a ��5 JDW:CFR BRENHAMNAT[ONALBANKt60,JON� t��e 09-0056,270000 RELBAST� $� YES n 8 ate of Texas Expires: , m � v r M G w a M � Page 6 BILL & RETURN TO: Doc ata 5,01 LAWYERS TITLE CO. 1,097 556 OR ZE�2i)4. GF# s3riln NOTICE O L'aNFIDiNTIAI ITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING WFORMATION FROM API INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FH,ETD FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCL4L SECURITY NUMBER OR YOU1R DRIVER'S LICENSE NUMBER. THIRD LIEN DEED OF TRUST Date: August 14, 2007 Grantor: 60-JONES ASSOCIATES, LTD., a Texas limited partnership, acting by and through its General Partner 60-JONES, L.L.C. Grantor's Mailing Address (including county): 526 University Drive East, Suite 101B College Station, Brazos County, TX 77840 Trustee: MICHAEL R. RUDLOFF Trustee's Mailing Address (including county): PO Box 2568 Brenham, Washington County, Texas 77834 Beneficiary: THE BRENHAM NATIONAL BANK Beneficiary's Mailing Address (including county): Note(s): Date: August 14, 2007 Original principal amount: $1,000,000.00 Maker. 60-Jones Associates, Ltd. PO Box 2568 Brenham, Washington County, Texas 77834 Payee: THE BRENHAM NATIONAL BANK Final Maturity date: August 14, 2009 Terms of Payment (optional): As provided in said Note Property (including any, improvements): MADE APART HEREOF. mWrJWBr bUn160-JM&duor-o6z+ SEE EXHIBIT "A" ATTACHED HERETO ANI) Ps 229 Ooc Bk Vol Fe 0IN7455E OR 8204 23O Other Exceptions to Conveyance and Warranty: See Exhibit `B" attached hereto and made a part hereof for all purposes. For value received and to secure payment of the Note, Grantor conveys the Property to Trustee in trust. Grantor warrants and agrees to defend the title to the Property. If Grantor performs all the covenants and pays the Note according to its terns, this deed of trust shall have no further effect, and Beneficiary shall release it at Grantor's expense. Clauses and Covenants A. Grantor's Obligations Grantor agrees to: 1. keep the Property in good repair and condition; 2. pay all taxes and assessments on the Property when due; 3. defend title to the Property subject to the Other Exceptions to Conveyance and preserve the lien's priority as it is established in this Deed of Trust; 4. maintain, in a form acceptable to Beneficiary, an insurance policy that: a.. covers all improvements fortheir full insurable value as determined when the policy is issued and renewed, unless Beneficiary approves a smaller amount in writing; b. contains an 80 percent coinsurance clause; C. provides fire and extended coverage, including windstorm coverage; d. protects Beneficiary with a standard mortgage clause; e. provides flood insurance at any time the Property is in a flood hazard area; and f, contains such other coverage as Beneficiary may reasonably require; 5. comply at all times with the requirements of the 80 percent coinsurance clause; 6. deliver the insurance policy to Beneficiary and deliver renewals to Beneficiary within ten days of the date of this Deed of Trust and deliver renewals to Beneficiary at least ten days before expiration; 7. keep any buildings occupied as required by the insurance policy; 8. if this is not a first lien, pay all prior lien notes that Grantor is personally liable to pay and abide by all prior lien instruments; and B. Beneficiary's Rights 1. Beneficiary may appoint in writing a substitute trustee, succeeding to all rights and responsibilities of Trustee. 2. If the proceeds of the Note are used to pay any debt secured by prior liens, Beneficiary is subrogated to all the rights and liens of the holders of any debt so paid. )DWfjk&Bmd W60 MeddtW-062! Don- ?4k VIA Pe OO9745$6 OR Z204 231 3. Beneficiary may apply any proceeds received under the insurance policy either to reduce the Note or to repair or replace damaged or destroyed improvements covered by the policy. 4. If Grantor fails to perform any of Grantor's obligations, Beneficiary may perform those obligations and be reimbursed by Grantoron demand at the place where the Note is payable for any sums so paid, including attorney's fees, plus interest on those sums from the dates of payment at the rate stated in the Note for matured, unpaid amounts. The sum to be reimbursed shall be secured by this Deed of Trust. 5. If Grantor defaults on the Note or fails to perform any of Grantor's obligations or if default occurs on a prior lien note or other instrument, and the default continues after Beneficiary gives Grantor notice of the default and the time within which it must be cured, as may be required by law or by written agreement, then Beneficiary may: a. declare the unpaid principal balance and earned interest on the Note immediately due; b. request Trustee to foreclose this lien, in which case Beneficiary or Beneficiary's agent shall give notice of the foreclosure sale to be given as provided by the Texas Property Code as then amended; and c. purchase the Property at any foreclosure sale by offering the highest bid and then have the bid credited on the Note. Trustee's Rigbts and Duties if directed by Beneficiary to foreclose this lien, Trustee shall: 1. either personally or by agent give notice of the foreclosure sale as required by the Texas Property Code as then amended; 2. sell and convey all or part ofthe Property to the highest bidder for cash with a general warranty binding Grantor, subject to prior liens and to the other exceptions to conveyance and warranty; and 3. from the proceeds of the sale, pay, in this order: a.. expenses offoreclosure, including areasonable commission to Trustee of 5% of the bid; b. to Beneficiary, the full amountofprincipal, interest, attorneys fees, and other charges due and unpaid; c. any amounts required by law to be paid before payment to Grantor; and d. to Grantor, any balance. D. General Provisions 1. If any of the Property is sold under this Deed of Trust, Grantor must immediately surrender possession to the purchaser. if Grantor fails to do so, Grantor will become a tenant at sufferance of the purchaser, subject to an action for forcible detainer. 2. Recitals in any trustee's deed conveying the Property will be presumed to be true. 3. Proceeding under this Deed of Trust, filing suit for foreclosure, or pursuing any other remedy will not constitute an election of remedies. 4. This lien will remain superior to liens later created even if the time of payment of all or part of the Note is extended or part of the Property is released. 5. If any portion ofthe Note cannot be lawfully secured by this Deed ofTrust, payments will be applied fast to discharge that portion. JDw/Jkflaroohem/6ParoneddV01462s Oor e, VoJ. P9 1i09'llis% OR, 8204 232 6. Grantor assigns to Beneficiary all sums payable to or received by Grantor from condemnation of all or part of the Property, from private sale in lieu of condemnation, and from damages caused by public works or construction on or near the Property. After deducting any expenses incurred, including attorney's fees, Beneficiary may release any remaining sums to Grantor or apply such suns to reduce the Note. Beneficiary shall not be liable for failure to collect or to exercise diligence in collecting any such suns. 7. Grantor assipsto Beneficiary absolutely, not only as collateral, all presentand future rent and other income and receipts from the Property. Leases are not assigned. Grantor warrants the validity and enforceability ofthe assignment. Grantor may as Beneficiary's licensee collect rent and other income and receipts as long as Grantor is not in default under the Note or.this Deed of Trust. Grantor will apply all rent and other income and receipts to payment of the Note and performance of this Deed of Trust, but if the rent and other income and receipts exceed the amount due under the Note and deed oftrust, Grantor may retain the excess. If Grantor defaults in payment of the Note or performance of this Deed of Trust, Beneficiary may terminate Grantor's license to collect and then as Grantor's agent may rent the Property ifit is vacant and collect all rent and other income and receipts. Beneficiary neither has nor assumes any obligations as lessor or landlord with respecttoany occupant oftheProperty. Beneficiary may exercise Beneficiary's rights and remedies under this paragraph without taking possession of the Property. Beneficiary shall apply all rent and other income and receipts collected under this paragraph fast to expenses incurred in exercising Beneficiary's rights and remedies and then to Grantor's obligations under the Note and this Deed of Trust in the order determined by Beneficiary. Beneficiary is not required to act under this paragraph, and acting under this paragraph does not waive any of Beneficiary's other rights or remedies. If Grantor becomes a voluntary or involuntary bankrupt, Beneficiary's filing a proof of claim in bankruptcy will be tantamount to the appointment of a receiver under Texas law. 8. Interest on the debt secured by this Deed of Trust will not exceed the maximum amount of nonusurious interest that may be contracted for, taken, reserved, charged, or received under law. Any interest in excess of that maximum amount will be credited on the principal of the debt or, if that has been paid, refunded. On any acceleration or required or permitted prepayment, any such excess will be canceled automatically as of the acceleration or prepayment or, if already paid, credited on the principal of the debt or, if the principal of the debt has been paid, refunded. This provision overrides any conflicting provisions in this and all other instruments concerning the debt. 9. When the context requires, singular nouns and pronouns include the plural. 10. The term Note includes all sums secured by this Deed of Trust. 1 L. This Deed of Trust shall bind, inure to the benefit of, and be exercised by successors in interest of all parties. 12. If Grantor and Maker are not the same person, the term Grantor includes Maker. 13. Grantor represents that this Deed of Trust and the Note are given for the following purposes: See Exhibit "C", attached hereto, for additional provisions. JDWdWBmnhmd/60-Jona1dN07-0625 Do,-- 2.k Vol Pa 00974M6 OR $204 233 60-JONES ASSOCIATES, LTD., a Texas limited partnership By: 60-JONES, L.L.C., a Texas limited liability company, General Partner (Acknowledgment) STATE OF TEXAS COUNTY OF rtW § This instrument was acimowledged before me on the Lehy of ii� , 2007, by James E. Jett, Manager of 60-JONES, L.L.C., a Texas limited liability company, general partner of 60-JONES ASSOCIATES,.LTD, a Texas limited partnership, on b"lf"`f said partnership. Notylic, State of Texas JAY DON WAT80N V of Tom JUNE 6, 2boms JDW4k amnh8M/6WonWdnoT-ass Oa,_ 0k Vol Ps 00974556 OR 9204 234 TRACT ONE: Metes and bound description of all that certain tract or parcel of land lying and being situated in the J. H. JONES SURVEY, ABSTRACT NO.26, Brazos County, Texas. Said tract being a portion of the remainder of a called 175 acre tract as described by a deed to Steve Hudetts recorded in Volume 63, Page 182 of the Deed Records of Brazos County, Texas. Said tract being more particularly described by metes and bounds as follows: COMMENCING at a 1/2 inch iron rod found marking the west corner of a called 5.394 acre tract as described by a deed to Frank Fields and wife, Betty J. Fields, recorded in Volume 4352, Page 15 of the Official Public Records of Brazos County, Texas, and a southwest corner of said remainder of 175 acre tract, said iron rod found being on the northeast line of a called 1.896 acre tract as described by a deed to Thomas Moore recorded in Volume 1116, Page 583 of the Official Records of Brazos County, Texas, marking the west corner of said 5.394 acre tract; THENCE: N 44° 4914011 W along the common line of said remainder of 175 acre tract and said 1.896 acre tract for a distance of 192.94 feet to a 518 inch iron rod set marking the POINT OF BEGINNING of this herein described tract; THENCE: N 44149' 40" W continuing along the common line of said remainder of 175 acre tract and said 1.896 acre tract for a distance of 1657.90 feet to a 1/2 inch iron rod found marking the north corner of a called 4.4949 acre tract as described by a deed to Charles Edward Ottaway, Jr. and wife, Cynthia Ann Ottaway, recorded in Volume 1237, Page 295 of the Official Public Records of Brazos County, Texas, said iron rod found being on the southeast line of a called 1.00 acre tract as described by a deed to James L. Harris recorded in Volume 923, Page 337 of the Official Public Records of Brazos County, Texas; THENCE: N 43° 44' 23" E along the common line of said remainder of 175 acre tract and said 1.00 acre tract for a distance of 126.40 feet to a 1/2 inch ron rod found marking the east corner of said 1.0 acre tract; THENCE: N 47° 31' 46" W continuing along the common line of said remainder of 175 acre tract and said 1.00 acre tract for a distance of 934.59 feet to a 1/2 inch iron rod found marking the north corner of a called 7.922 acre tract as described by a deed to Gloster Jefferson recorded in Volume 836, Page 129 of the Official Records of Brazos County, Texas, said iron rod found marking the east corner of a called 7.922 acre tract as described by a deed to Bennie Wilson, Jr. and wife, Gloria M. Wilson, recorded in Volume 2915, Page 242 of the Official Public Records of Brazos County, Texas, and the south corner of a called 6.5 acre tract as described by a deed to Fred Jefferson and wife, Ruby Jefferson, recorded in Volume 122, Page 45 of the Deed Records of Brazos County, Texas; THENCE: N 44° 45' 10" E along the common line of said remainder of 175 acre tract and 90C 94 IV' ryI F9 ^097+;5161 9? 8204 235 said 6.5 acre tract for a distance of 426.31 feet to a 5/8 inch iron rod set on the south Hue of Jones Road marking the east corner of said 6.5 acre tract and the west corner of a called 0.744 acre tract as described by a Quit Claim Deed from Brazos County to Lucy Hudetts Walker signed and dated October 8,1990 (not filed for record); THENCE: N 62" 54' 01" E along the occupied south line of Jones Road, same being the south line of said 0.744 acre tract, for a distance of 292.47 feet to an angle point in said line; THENCE: N 810 02' 30" E continuing along the occupied south line of Jones Road, same being the south line of said 0.744 acre tract, for a distance of 486.30 feet to a point marking the east corner of said 0.744 acre tract; THENCE: N 89° 591181, E continuing along the south line of Jones Road for a distance of 47.38 feet to a 518 inch iron rod set marking the beginning of a clockwise curve having a radius of 90493 feet; THENCE: along said curve through a central angle of 42° 21' 41" for an are distance of 669.05 feet (chord bears: S 680 4915211 E - 653.92 feet) to a point in an existing fence line marking the ending point of said curve; THENCE: S 470 39' 02" E along the southwest line of Jones Road and along said fence line for a distance of 1502.88 feet to a 518 inch iron rod set marking the east corner of this herein described tract; THENCE: S 44911' 15" W through said remainder of 175 acre tract and along the centerline of an existing 60.00 foot wide electrical easement for a distance of 397.21 feet to an existing power pole; THENCE: S 40" 58' 09" W continuing through said remainder of 175 acre tract and along the centerline of said electrical easement for a distance of 1160.87 feet to the POINT OF BEGINNING containing 79.169 acres of land, more or less. TRACT TWO: Metes and bounds description of all that certain tract or parcel of land lying and being situated in the J. H. JONES SURVEY, ABSTRACT NO.26, Brazos County, Texas. Said tract being a portion of the remainder of a called 175 acre tract as described by a deed to Steve Hudetts recorded in Volume 63, Page 182 of the Deed 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 at the intersection of the southwest line of Jones Road (a county maintained public road) and the existing northwest line of F.M. 60 (Raymond Stotzer Parkway), for reference a concrete right-of-way marker found bears: N 40° 43' 59" E for a distance of 14AS feet; THENCE: S 40° 43' 59" W along the northwest line of F.M. 60 for a distance of 472.53 feet to a concrete right-of-way marker found marking an angle point in said line; THENCE: S 41° 51' 56" W continuing along the northwest line of F.M. 60 for a distance of 597A3 feet to a 5/8 inch iron rod set on the northeast line of a called 1.328 acre tract as Dor 9 Vol Pa GOV74;56 OR. 9204 236 described by a deed to Betty Lynn Trcalek Suebs, Carol Ann Trcalek Petty, Susan Denise Trcalek Skrabanek and Donna Ruth Trcalek Jones, recorded in Volume 4818, Page 285 of the Official Public Records of Brazos County, Texas, marking the south corner of this herein described tract, for reference a 318 inch iron rod found marking the east corner of said 1.328 acre tract bears: S 44° 43' 07" E for a distance of 0.53 feet; THENCE: N 44° 43' 07" W along the common line of said remainder of 175 acre tract and said 1.328 acre tract for a distance of 415.67 feet to a cross tie fence corner post found marking the north corner of said 1.328 acre tract; THENCE: S 420 50' 02" W continuing along the common line of said remainder of 175 acre tract and said 1.328 acre tract for a distance of 139.10 feet to a 3/8 inch iron rod found marking the west corner of said 1.328 acre tract and the most easterly north corner of a called 5.394 acre tract as described by a deed to Frank Fields and wife, Betty J. Fields, recorded In Volume 4352, Page 15 of the Official Public Records of Brazos County, Texas; THENCE: S 43016' 54: W along the common line of said remainder of 175 acre tract and said 5.394 acre tract for a distance of 125.56 feet to a cross -tie fence corner post found marking an interior corner of sold 5.394 acre tract; THENCE: N 460 53' 11" W continuing along the common line of said remainder of 175 acre tract and said 5.394 acre tract for a distance of 679.90 feet to a cross -tie fence corner post found marking the north corner of said 5.394 acre tract; THENCE: S 44° 52' 55" W continuing along the common line of said remainder of 175 acre tract and said 5.394 acre tract for a distance of 263.23 feet to a 1/2 inch iron rod found on the northeast line of a called 1.896 acre tract as described by a deed to Thomas Moore recorded in Volume 11160 Page 583 of the Official Records of Brazos County, Texas, marking the west corner of said 5,394 acre tract: THENCE: N 440 4914011 W along the common line of said remainder of 175 acre tract and said 1.896 acre tract for a distance of 192.94 feet to a 5/8 inch iron rod set marking the west corner of this herein described tract, for reference a 112 inch iron rod found marking the north corner of a called 4.4949 acre tract as described by a deed to Charles Edward Ottaway, Jr. and wife, Cynthia Ann Ottaway, recorded in Volume 1237, Page 295 of the Official Public Records of Brazos County, Texas, on the southeast line of a called 1.00 acre tract as described by a deed to James L. Harris recorded in Volume 923, Page 337 of the Official Records of Brazos County, Texas, marking a wast corner of said remainder of 175 acre tract bears: N 44° 4914011 W for a distance of 1657.90 feet; THENCE: N 400 58' 09" E through said remainder of 175 acre and along the centerline of an existing 60.00 foot wide electrical easement for a distance of 1160.87 feet to an existing power pole; THENCE: N 44° 11' 15" E continuing through said remainder of 175 acre tract and along the centerline of said electrical easement for a distance of 397.21 feet to a 5/8 inch iron rod set in the southwest fenced line of Jones Road marking the north corner of this herein described tract; THENCE: S 470 39' 02" E along the southwest line of Jones Road and along said fence line j:}qj Atigli 3 926i, J37 for a distance of 565.64 feet to a 60d nail found in the top of a fence post marking the north corner of a called 1.00 acre tract as described by a deed to Steve Hudetts and wife, Barbara D. Hudetts, recorded in Volume 366, Page 8 of the Deed Records of Brazos County, Texas; THENCE: S 420 24101 W through said remainder of 175 acre tract and along the northwest line of said 1.00 acre Hudetts tract for a distance of 284.90 feet to a 5/8 inch iron rod set marking the west corner of said 1.00 acre tract; THENCE: S 470 3515911 E continuing through said remainder of 175 acre tract and along the southwest line of said 1.00 acre Hudetts tract for a distance of 145.20 feet to a 518 inch iron rod set marking the south corner of said 1.00 acre tract; THENCE: N 42° 24' Ol" E continuing through said remainder of 175 acre tract and along the southeast line of said 1.00 acre Hudetts tract for a distance of 285.03 feet to a 518 inch Iron rod set on the southwest line of Jones Road marking the east corner of said 1.00 acre tract; THENCE: S 470 39' 02" E along the southwest line of Jones Road for a distance of 588.53 feet to the POINT OF BEGINNING, containing 37.658 acres of land, more or less. TRACT THREE: Metes and bounds description of all that certain tract of land lying and being situated in the J. H. JONES SURVEY, ABSTRACT NO.26, Brazos County, Texas. Said tract being the same tract of land as described by a Quitclaim Deed to Lucy Hudetts Walker recorded in Volume 2455, Page 43 of the Official Records of Brazos County, Texas. Said tract being more particularly described by metes and bounds as follows: BEGINNING at a 518 inch iron rod found In the existing south fenced line of Jones Road, same being the northerly line of the remainder of a called 175 acre tract as described by a Deed to Steve Hudetts recorded in Volume 63, Page 182 of the Deed Records of Brazos County, Texas, said iron rod found marking the east corner of a called 6.5 acre tract as described by a Deed to Fred Jefferson and wife, Ruby Jefferson, recorded in Volume 122, Page 45 of the Deed Records of Brazos County, Texas; THENCE: through the existing right-of-way of Jones Road and along the northerly lines of said 0.744 acre tract for the following calls: N 440 39' 18" E for a distance of 254.37 feet to a 5/8 inch iron rod found; N 760 2810211 E for a distance of 119.31 feet to a 5/8 inch iron rod found; N 890 59' 18" E for a distance of 445.95 feet to a point in the existing south fenced line of Jones Road marking the east corner of this herein described tract; THENCE: along the existing south fenced line of Janes Road, same being the northerly line of said remainder of 175 acre tract, for the following calls: S 810 0213011 W for a distance of 486.30 feet to a point; S 620 5410111 W for a distance of 292A7 feet to the POINT OF BEGINNING, containing 0.744 of an acre of land, more or less. Doc Bk Vol Fs 00974556 OF 8204 238 TRACT FOiTR: Metes and bounds description of all that certain tract or parcel of land lying and being situated in the J. H. JONES SURVEY, ABSTRACT NO.26, Brazos County, Texas. Said tract being the. remainder of a called 1.00 acre tract as described by a Deed to Steve Hudetts and wife, Barbara D. Hudetts, recorded in Volume 366, Page 8 of the Deed 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 Jones Road (variable width R.O.W.) marking the east corner of said remainder of 1.00 acre tract and a northerly corner of the remainder of a called 175 acre tract as described by a Deed to Steve Hudetts recorded in Volume 63, Page 182 of the Deed Records of Brazos County, Texas, for reference a 518 inch iron rod found on the northwest line of FM 60 marking the east corner of said remainder of 115 acre tract bears: S 470 39' 02" E for a distance of 588.53 feet; THENCE: S 420 24' Ol" W along the common line of said remainder of 1.00 acre tract and said remainder of 175 acre tract for a distance of 285.00 feet to a 5/8 inch iron rod found marking the south corner of said remainder of 1.00 acre tract; THENCE: N 47° 35' 59" W continuing along the common line of said remainder of 1.00 acre tract and said remainder of 175 acre tract for a distance of 145.20 feet to a 518 inch Iron rod found marking the west corner of said remainder of 1.00 acre tract; THENCE: N 420 24' Ol" E continuing along the common line of said remainder of 1.00 acre tract and said remainder of 175 acre tract for a distance of 284.90 feet to a 60D nail found in a fence post on the southwest line of Jones Road marking the north corner of said remainder of 1.00 acre tract; THENCE: S 47° 39' 02" E along the southwest line of Jones Road for a distance of 145.20 feet to the POINT OF BEGINNING, containing 0.95 of an acre of land, more or less. Goy_ 8k Vol Ps 7097C"6 OR 8204 2n EXHIBIT `B„ 25' Building line across front and rear lot lines; 16' building line along side lot lines; and any and all easements as set out in restrictions recorded in Volume 7959, Page 1, Official Records of Brazos County, Texas. (Tracts One, Two and Three) Easement executed by Steve Hudetts, et ux to City of Bryan, dated August 4, 1960, recorded in Volume 208, Page 461, Deed Records of Brazos County, Texas. (TRACTS ONE AND TWO) Blanket Easement executed by Lucy Hudetts Walker, et vir to Brushy Water Supply, dated November 28, 1966, recorded in Volume 259, Page 272, Deed Records of Brazos County, Texas; assignedto Wellborn Special Utility District in Volume 6379, Page 287, Official Records ofBrazos County, Texas. Blanket Easement executed by Steve Hudetts, et ux to City of Bryan, dated April 21,1937, recorded in Volume 98, Page 299, Deed Records of Brazos County, Texas. Easement executed by Lucy Hudetts Walker to GTE Southwest Incorporated, et al, dated March 10, 1989, recorded in Volume 1137, Page 604, Official Records of Brazos County, Texas. (TRACT TWO) Easement executed by Lucy Hudetts Walker to City of Bryan, dated September 23,1993, recorded in Volume 1935, Page 279, Official Records of Brazos County, Texas. (TRACTS ONE AND TWO) Easement executed by Steven Hudetts and wife, Barbara D. Hudetts to City of Bryan, dated September 16, 1993, recorded in Volume 1935, Page 283, Official Records of Brazos County, Texas. (TRACT FOUR) Subject to terms, conditions and stipulations contained in unrecorded Commercial Triple Net Lease Agreement, dated May. 10, 2007 by and between Beta Theta Pi Cowboys, Inc. and 60-Jones Associates, Ltd.. Mineral reservation contained in Deed executed by Rosie Brown, et al to 60•Jones Associates, Ltd., dated November 10, 2005, recorded in Volume 7020, Page 244, Official Records of Brazos County, Texas. (TRACTS ONE, TWO AND THREE) Oil, Gas and Mineral Lease executed by Lucy Hudetts Walker, et al to Union Pacific Resources Company, dated June 28, 2000, recorded in Volume 3856, Page 164, Official Records of Brazos County, Texas (2 year primary term). (TRACTS ONE, TWO AND THREE) Oil, On and Mineral Lease executed by Steve Hudetts, Jr, to Union Pacific Resources Company, dated June 28, 2000, recorded inVolume 3856, Page 170, Official Records of Brazos County, Texas (2 year primary term). (TRACT FOUR) JoW 5J,oamnhwn/6O-Jon Wd W M625 BILL & RETURN TO: iAWYERR TITLE- GF# 3/ll/ Date: February LL 2009 Note Oor Bk Vol Ps 01020677 OR N67 228 Date: November 10, 2005 Original Amount: THREE HUNDRED TWO THOUSAND FIVE HUNDRED AND NO/100 DOLLARS ($302,500.00) Maker: 60-JONES ASSOCIATES, LTD., a Texas limited partnership Payee: THE FIRST NATIONAL BANK OF BRYAN Date of Maturity: as therein specified Holder of Note and Lien.: THE BRENHAM NATIONAL BANK Holder's Mailing Address: P. 0. Box 2568 Brenham, Washington County, Texas 77834 Note and Lien Are Described in the Following Documents, Recorded in: (1) Vendor's Lien retained in Deed from Rosie Brown, et at, to 60-Jones Associates, Ltd., dated November 10, 2005, recorded in Volume 7020, Page 244, Official Records of Brazos County, Texas, to secure $302,500.00 payable to The FirstNational Bankof Bryan; (2) Deed of Trust from 60-Jones Associates, Ltd. to Timothy N. Bryan, Trustee, dated November 10, 2005, recorded in Volume 7020, Page 251, Official Records of Brazos County, Texas; and (3) Transfer of Lien dated April 27, 2007, from The First National Bank of Bryan to The Brenham National Bank, recorded in Volume 7950, Page 230, Official Records of Brazos County, Texas. Property (including any improvements) Subject to Lien: TRACT ONE: Metes and bound description of all that certain tract or parcel of land lying and being situated in the J. H. JONES SURVEY, ABSTRACT NO.26, Brazos County, Texas. Said tract being a portion of the remainder of a called 175.acre tract as described by a deed to Steve Hudetts recorded in Volume 63, Page 182 of the Deed Records of Brazos County, Texas; said tract being more particularly described by metes and bounds as follows: COMMENCING at a 1/2 inch iron rod found marking the west comer of a called 5.394 acre tract as described by a deed to Frank Fields and wife, Betty J. Fields, recorded in Volume 4352, Page 15 of the Official Public Records of Brazos County, Texas, and a southwest comer of said remainder of 175 we tract, said iron rod found being on the northeast line of a called 1.896 acre tract as described by a deed to Thomas Moore recorded in Volume 1116, Page 583 of the Official Records of Brazos County, Texas, marking the west comer of said 5.394 acre tract; JDW.CPR BRENHAMNATIONALBANWO-JONBS 09-003002500 RELEASE Page 1 k Vol 010206 7 oR 8967 230 TI4ENCE: S 44011' 15" W through said remainder of 175 acre tract and along the centerline of an existing 60.00 foot wide electrical easement for a distance of 397.21 feet to an existing power pole; THENCE: S 40e 58' 09" W continuing through said remainder of 175 acre tract and along the centerline of said electrical easement for a distance of 1160.87 feet to the POINT OF BEGINNING containing 79.169 acres of land, more or less. TRACT TWO: Metes and bounds description of all that certain tract or parcel of land lying and being situated in the J. H. JONES SURVEY, ABSTRACT NO, 26, Brazos County, Texas. Said tract being a portion of the remainder of a called 175 acre tract as described by a deed to Steve Budetts recorded in Volume 63, Page 182 of the Deed 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 at the intersection of the southwest line of Jones Road (a county maintained public road) and the existing northwest line of F.M. 60 (Raymond Stotzer Parkway), for reference a concrete right-of-way marker found bears: N 40e 4315911 E for a distance of 14.45 feet; THENCE: S 40e 43' 59" W along the northwest line ofF.M. 60 for a distance of 472.53 feet to a concrete right-of-way marker found marking an angle point in said line; THENCE: S 41e 51' 56" W continuing along the northwest line of F.M. 60 for a distance of 597.43 feet to a 5/8 inch iron rod set on the northeast line of a called 1.328 acre tract as described by a deed to Betty Lynn Trcalek Suehs, Carol Ann Trcalek Petty, Susan Denise Trcalek Skrabanek and Donna Ruth Trealek Jones, recorded in Volume 4818, Page 285 of the Official Public Records ofBrazos County, Texas, marking the south comer of this herein described tract, for reference a 3/8 inch iron rod found marking the east corner of said 1,328 acre tract bears: S 44e 43' 07" E for a distance of 0.53 feet; THENCE: N 44e 43' 07" W along the common line of said remainder of 175 acre tract and said 1.328 acre tract for a distance of 415.67 feet to a cross -tie fence comer post found marking the north corner of said 1,328 acre tract; THENCE: S 426 50' 02" W continuing along the common line of said remainder of 175 acre tract and said 1,328 acre tract for a distance of 139.10 feet to a 3/8 inch iron rod found marking the west corner of said 1.328 acre tract and the most easterly north corner of a called 5.394 acre tract as described by a deed to Frank Fields and wife, Betty J. Fields, recorded in Volume 4352, Page 15 ofthe Official Public Records of Brazos County, Texas; THENCE: S 43e 16' 54: W along the common line of said remainder of 175 acre tract and said 5.394 acre tract for a distance of 125.56 feet to a cross -tie fence comer post found marking an interior corner of said 5.394 acre tract; THENCE: N 460 53' I1" W continuing along the common line of said remainder of 175 acre tract and said 5.394 acre tract for a distance of 679.90 feet to a cross -tie fence corner post found marling the north corner of said 5.394 acre tract; THENCE: S 44e 52' 55" W continuing along the common line of said remainder of 175 acre tract and said 5.394 acre tract for a distance of 263.23 feet to a I /2 inch iron rod found on JDW:CFR EMIUMNATIONALRANK\60-JONFS 09-W 5002500 RELEASE page 3 Doc 8k Vol Fs 01020677 OR 8967 231 the northeast line of a called 1.896 acre tract as described by a deed to Thomas Moore recorded in Volume 1116, Page 583 of the Official Records of Brazos County, Texas, marking the west corner of said 5.394 acre tract: THENCE: N 44° 49' 40" W along the common line of said remainder of 175 acre tract and said 1.896 acre tract for a distance of 192.94 feet to a 518 inch iron rod set marking the west corner of this herein described tract, for reference a 1/2 inch iron rod found marking the north comer of a called 4.4949 acre tract as described by a deed to Charles Edward Ottaway, Jr. and wife, Cynthia Ann Ottaway, recorded in Volume 1237, Page 295 of the Official Public Records of Brazos County, Texas, on the southeast line of a called 1.00 acre tract as described by a deed to James L. Harris recorded in Volume 923, Page 337 of the Official Records of Brazos County, Texas, marking a west comer of said remainder of 175 acre tract bears: N 44149' 40" W for a distance of 1657.90 feet; THENCE: N 400 58' 09" E through said remainder of 175 acre and along the centerline of an existing 60.00 foot wide electrical easement for a distance of 1160.87 feet to an existing power pole; THENCE: N W 11' 15" E continuing through said remainder of 175 acre tract and along the centerline of said electrical easement for a distance of 397.21 feet to a 5/8 inch iron rod set in the southwest fenced line of Jones Road marking the north comer of this herein described tract; THENCE: S 47° 39' 02" E along the southwest line of Jones Road and along said fence line for a distance of 565.64 feet to a 60d nail found in the top of a fence post marking the north comer of a called 1.00 acre tract as described by a deed to Steve Hudetts and wife, Barbara D. Hudetts, recorded in Volume 366, Page 8 of the Deed Records of Brazos County, Texas; THENCE: S 42e 24' 01 W through said remainder of 175 acre tract and along the northwest line of said 1.00 acre Hudetts tract for a distance of 284.90 feet to a 5/8 inch iron rod set marking the west comer of said 1.00 acre tract; THENCE: S 470 35' 59" E continuing through said remainder of 175 acre tract and along the southwest line of said 1.00 acre Hudetts tract for a distance of 145.20 feet to a 5/8 inch iron rod set marking the south comer of said 1.00 acre tract; THENCE: N 42e 24' 01" E continuing through said remainder of 175 acre tract and along the southeast line of said 1.00 acre Hudetts tract for a distance of 285.03 feet to a 5/8 inch iron rod set on the southwest line of Jones Road marking the cast comer of said 1.00 acre tract; THENCE: S 47e 39' 02" E along the southwest line of Jones Road for a distance of 588.53 feet to the POINT OF BEGINNING, containing 37,658 acres of land, more or less. TRACT THREE: Metes and bounds description of all that certain tract of land lying and being situated in the J. H. JONES SURVEY, ABSTRACT NO.26, Brazos County, Texas; said tract being the same tract of land as described by a Quitclaim Deed to Lucy Hudetts Walker recorded in Volume 2455, Page 43 of the Official Records ofBrazos County, Texas; said tract being more particularly described by mates and bounds as follows: JDW.CRR BRENRAMNAMNALBANK160-JONES 09-005002500 RELEASE Page 4 oor Bk Val Ps 01020677 OR 8967 232 BEGINNING at a 5/8 inch iron rod found in the existing south fenced line of Jones Road, same being the northerly line of the remainder of a called 175 acre tract as described by a Deed to Steve Hudetts recorded in Volume 63, Page 182 of the Deed Records of Brazos County, Texas, said iron rod found marking the cast comer of a called 6.5 acre tract as described by a Deed to Fred Jefferson and wife, Ruby Jefferson, recorded in Volume 122, Page 45 of the Deed Records of Brazos County, Texas; THENCE: through the existing right-of-way of Jones Road and along the northerly lines of said 0.744 acre tract for the following calls: N 440 39' 18" E for a distance of 254.37 feet to a 5/8 inch iron rod found; N 76' 28' 02" E for a distance of 119.31 feet to a 5/8 inch iron rod found; N 89159' 18" E for a distance of 445.95 feet to a point in the existing south fenced line of Jones Road marking the east comer of this herein described tract; THENCE: along the existing south fenced line of Jones Road, same being the northerly line of said remainder of 175 acre tract, for the following calls: S 810 02' 30" W for a distance of486.30 feet to a point; S 62e 54' Ol" W for a distance of 292,47 feet to the POINT OF BEGINNING, containing 0.744 of an acre of land, more or less. �G'i' FOiJIt: Metes and bounds description of all that certain tract or parcel of land lying and being situated in the J. H. JONES SURVEY, ABSTRACT NO. 26, Brazos County, Texas. Said tract being the remainder of a called 1.00 acre tract as described by a Deed to Steve Hudetts and wife, Barbera D. Hudetts, recorded in Volume 366, Pege 8 of the Deed Records ofBrezos 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 Jones Road (variable width R.O.W.) marking the east corner of said remainder of 1.00 acre tract and a northerly comer of the remainder of a called 175 acre tract as described by a Deed to Steve Hudetts recorded in Volume 63, Page 182 of the Deed Records of Brazos County, Texas, for reference a 518 inch iron rod found on the northwest line of FM 60 marking the east comer of said remainder of 175 acre tract bears: S 470 39' 02" E for a distance of 588.53 feet; THENCE: S 42° 24' 01" W along the common line of said remainder of 1.00 acre tract and said remainder of 175 acre tract for a distance of 285,00 feet to a 5/8 inch iron rod found marking the south comer of said remainder of 1.00 acre tract; THENCE:N 47° 35' 59" W continuing alongthe common line of saidremainderof 1.00 acre tract and said remainder of 175 acre tract for a distance of 145.20 feet to a 518 inch iron rod found marking the west comer of said remainder of 1.00 acre tract; THENCE: N 420 24' 0 1 " E continuing along the common line of said remainder of 1.00 acre tract and said remainder of 175 acre tract for a distance of 284.90 feet to a 60D nail found JDW:CPRBRENNAMNATIONALBANK1604ONES 09-0056\702500 RELEASE Page 5 Doc 8k Pq 01020677 0R 8967 233 in a fence post on the southwest line of Jones Road marking the north comer of said remainder of 1.00 acre tract; THENCE: S 47' 39' 02" E along the southwest line of Jones Road for a distance of 145.20 feet to the POINT OF BEGINNING, containing 0.95 of an acre of land, more or less. Holder of the Note acknowledges its payment and releases the property from the above described lien and all other liens (including Vendor's liens) that the undersigned may hold against the above described property. When the context requires, singular nouns and pronouns include the Plural - THE BR�ENHAM NATIONAL BANK Attest: By' Name: ¢ C Title:_ y .n et R r vs& THE STATE OF TEXAS COUNTY OF IZ4 � acknowledged before This on My Cc ;9:..., CAROL S. F OSTER '7 Nora ry Public, Stele of Texas My Commiaeion Expires August 2a, 2008 N m T ,pp {N, w GSt +4 JDW:CFR BRENRAMNATJONALBANKl60-JONES 09.00ff302500 RELEASE day of February, 2009, by Expires: Np�p A •� � q 1 a � Page BILL & RETURN TO: LAWYE 8 iI�nE�CO. RELEASE OF LIEN Date: February�L 2009 Note Date: June 7, 2007 Doc Bit Vol pa 01020678 OR 8967 234 Original Amount: TWO HUNDRED SEVENTY THOUSAND AND NO/100 DOLLARS ($270,000.00) Maker: 60-JONES ASSOCIATES, LTD., a Texas limited partnership Payee: THE BRENHAM NATIONAL BANK Date of Maturity: as therein specified Holder of Note and Lien: THE BRENHAM NATIONAL BANK Holder's Mailing Address: Brenham Washington County, Texas 77834 Note and Lien Are Described in the Following Documents, Recorded in: Deed of Trust from 60-Jones Associates, Ltd. to Michael R. Rutloff, Trustee, dated June 7, 2007, recorded in Volume 8030, Page 68, Official Records of Brazos County, Texas, to secure $270,000.00 payable to The Brenham National Bank. Property (including any improvements) Subject to Lien: 1CT ONE: Metes and bound description of all that certain tract or parcel of land lying and being situated in the J. H. JONES SURVEY, ABSTRACT NO.26, Brazos County, Texas. Said tract being a portion of the remainder of a called 175 acre tract as described by a deed to Steve Hudetts recorded in Volume 63, Page 182 of the Deed Records of Brazos County, Texas; said tractbeing more particularly described by metes andbounds as follows: COMMENCING at 1/2 inch iron rod found marking the west eornor of a called 5.394 acre tract as described by a deed to Frank Fields and wife, Betty J. Fields, recorded in Volume 4352, Page 15 of the Official Public Records of Brazos County, Texas, and a southwest corner of said remainder of 175 acre tract, said iron rod found being on the northeast line of a called 1.896 acre tract as described by a deed to Thomas Moore recorded in Volume 1116, Page 583 of the Official Records of Brazos County, Texas, marking the west corner of said 5.394 acre tract; THENCE: N 44' 49' 40" W along the common line of said remainder of 175 acre tract and said 1.896 acre tract for a distance of 192.94 feet to a 5/8 inch iron rod set marking the POINT OF BEGINNING of this herein described tract; THENCE: N 440 4914011 W continuing along the common line of said remainder of 175 acre tract and said 1.896 acre tract for a distance of 1657.90 feet to a 1/2 inch iron rod found JDW:CFR BRE4HAMNATIONALBAM6040NES 09-0O56\270000 MUSE Page I Doc 8k Vol Ps 01020678 OR 8967 235 marking the north comer of a called 4.4949 acre tract as described by a deed to Charles Edward Ottaway, Jr. and wife, Cynthia Ann Ottaway, recorded in Volume 1237, Page 295 of the Official Public Records of Brazos County, Texas, said iron rod found being on the southeast line of a called 1.00 acre tract as described by a deed to James L. Harris recorded in Volume 923, Page 337 of the Official Public Records of Brazos County, Texas; THENCE: N 43e 44' 23" E along the common line of said remainder of 175 acre tract and said 1.00 acre tract for a distance of 126.46 feet to a 1/2 inch iron rod found marking the east comer of said 1.0 acre tract; THENCE: N 470 31' 46" W continuing along the common line of said remainder of 175 acre tract and said 1.00 acre tract for a distance of 934.59 feet to a 1/2 inch iron rod found marking the north comer of a called 7,922 acre tract as described by a deed to Gloster Jefferson recorded in Volume 836, Page 129 of the Official Records of Brazos County, Texas, said iron rod found marking the east comer of a called 7.922 acre tract as described by a deed to Bennie Wilson, Jr. and wife, Gloria M. Wilson, recorded in Volume 2915, Page 242 ofthe Official Public Records of Brazos County, Texas, and the south comer of a called 6.5 acre tract as described by a deed to Fred Jefferson and wife, Ruby Jefferson, recorded in Volume 122, Page 45 of the Deed Records of Brazos County, Texas; THENCE: N 440 45' 10" E along the common line of said remainder of 175 acre tract and said 6.5 acre tract for a distance of 426.31 feet to a 519 inch iron rod set on the south line of Jones Road marking the east comer of said 6.5 acre tract and the west comer of a called 0.744 acre tract as described by a Quit Claim Deed from Brazos County to Lucy Hudetts Walker signed and dated October 8,1990 (not filed for record); THENCE: N 62° 54' 01" E along the occupied south line of Jones Road, same being the south line of said 0,744 acre tract, for a distance of 292.47 feet to an angle point in said line; THENCE: N 81 ° 02' 30" E continuing along the occupied south tine of Jones Road, same being the south line of said 0.744 acre tract, for a distance of 486.30 feet to a point marking the east comer of said 0.744 acre tract; . THENCE: N 89159' 18" E continuing along the south line of Jones Road for a distance of 47.38 feet to a 518 inch iron rod set marking the beginning of a clockwise curve having a radius of 904.93 feet; THENCE: along said curve through a central angle of 420 21' 41" for an are distance of 669.05 feet (chord bears: S 680 49' 52" E - 653.92 feet) to a point in an existing fence line marking the ending point of said curve; THENCE: S 47° 39' 02" E along the southwest line of Jones Road and along said fence line for a distance of 1502.88 feet to a 5/8 inch iron rod set marking the east corner of this herein described tract; THENCE: S 44e 11' 15" W through said remainder of 175 acre tract and along the centerline of an existing 60.00 foot wide electrical easement for a distance of 397.21 feet to an existing power pole; JDW:CPR DRENNAMNA7TONALBANWO.JONES 09.0056\270000 RELEASE page 2 Doc Bk Vol Ps 01020678 OR 8467 236 THENCE: S 400 59,091, W continuing through said remainder of 175 acre tract and along the centerline of said electrical easement for a distance of 1160.87 feet to the POINT OF BEGINNING containing 79.169 acres of land, more or less. TRACT TWO: Metes and bounds description of all that certain tract or parcel of land lying and being situated in the J. H. JONES SURVEY, ABSTRACT NO.26, Brazos County, Texas. Said tract being a portion of the remainder of a called 175 acre tract as described by a deed to Steve Hudetts recorded in Volume 63, Page 182 of the Deed Records of Brazos County, Texas; said tractbeing more particularly described by metes and bounds as follows: BEGINNING at a 5/8 inch iron rod found at the intersection of the southwest line of Jones Road (a county maintained public road) and the existing northwest line of F.M. 60 (Raymond Stotzer Parkway), for reference a concrete right-of-way marker found bears: N 40' 43' 59" E for a distance of 14.45 feet; THENCE: S 400 43' 59" W along the northwest line of F.M. 60 for a distance of 472.53 feet to a concrete right-of-way marker found marking an angle point in said line; THENCE: S 41' 51' 56" W continuing along the northwest line of F.M. 60 for a distance of 597.43 feet to a 5/8 inch iron rod set on the northeast line of a called 1.328 acre tract as described by a deed to Betty Lynn Trcalek Suehs, Carol Ann Trcelek Petty, Susan Denise Trealek Skrabanek and Donna Ruth Trcalek Jones, recorded in Volume 4818, Page 285 of the Official Public Records of Brazos County, Texas, marking the south corner ofthis herein described tract, for reference a 3/8 inch iron rod found marking the east comer of said 1.328 acre tract beats: S 44° 43' 07" E for a distance of 0.53 feet; THENCE: N 44' 43' 07" W along the common line of said remainder of 175 acre tract and said 1.328 acre tract for a distance of 415.67 feet to a cross -tie fence corner post found marking the north corner of said 1.328 acre tract; THENCE: S 420 50' 02" W continuing along the common line of said remainder of 175 acre tract and said 1.328 acre tract for a distance of 139.10 feet to a 3/8 inch iron rod found marking the west corner of said 1.328 acre tract and the most easterly north comer of a called 5.394 acre tract as described by a deed to Frank Fields and wife, Betty J. Fields, recorded in Volume 4352, Page 15 ofthe Official Public Records of Brazos County, Texas; THENCE: S 430 16' 54: W along the common line of said remainder of 175 acre tract and said 5,394 acre tract for O distance of 125.56 feet to a cross -tie fence comer post found marking an interior comer of said 5.394 acre tract; THENCE: N 460 53' 11 " W continuing along the common line of said remainder of 175 acre tract and said 5.394 acre tract for a distance of 679.90 feet to a cross -tie fence corner post found marking the north corner of said 5.394 acre tract; THENCE: S 449 52' 55" W continuing along the common line of said remainder of 175 acre tract and said 5.394 acre tract for a distance of 263.23 feet to a 1/2 inch iron rod found on the northeast line of a called 1.896 acre tract as described by a deed to Thomas Moore recorded in Volume 1116, Page 583 of the Official Records of Brazos County, Texas, marking the west corner of said 5.394 acre tract: JOW:CPR BRENnAWAT70NALBAW60-30NES 09A0SM000 RELEASE Pap 3 01020678 1R 8967 218 described by a Deed to Fred Jefferson and wife, Ruby Jefferson, recorded in Volume 122, Page 45 of the Deed Records of Brazos County, Texas; THENCE: through the existing right-of-way of Jones Road and along the northerly lines of said 0.744 acre tract for the following calls: N 449 39' 18" E for a distance of 254.37 feet to a 5/8 inch iron rod found; N 76e 28' 02" E for a distance of d 19.31 feet to a 5/8 inch iron rod found; N 89e 59' 18" E for a distance of 445.95 feet to.a point in the existing south fenced line of Jones Road marking the east corner of this herein described tract; THENCE: along the existing south fenced line of Jones Road, same being the northerly line of said remainder of 175 acre tract, for the following calls: S 81 a 02' 30" W for a distance of 486.30 feet to a point; S 62e 54' 01" W for a distance of 292.47 feet to the POINT OF BEGINNING, containing 0.744 of an acre of land, more or less. TRACT FOUR.: Metes and bounds description of all that certain tract or parcel of land lying and being situated in the J. H. JONES SURVEY, ABSTRACT NO. 26, Brazos County, Texas. Said tract being the remainder of a called 1.00 acre tract as described by a Deed to Steve Hudetts and wife, Barbara D. Hudetts, recorded in Volume 366, Page 8 of the Deed Records of Brazos County, Texas; said tract being more particularly described by metes and bounds as follows: BEGINNING at a 518 inch iron rod found on the southwest line of Jones Road (variable width R.O.W.) marking the cast corner of said remainder of 1.00 acre tract and a northerly comer of the remainder of a called 175 acre tract as described by a Deed to Steve Hudetts recorded in Volume 63, Page 182 of the Deed Records of Brazos County, Texas, for reference a 518 inch iron rod found on the northwest line of FM 60 marking the east corner of said remainder of 175 acre tract bears: S 47e 39' 02" E for a distance of 588.53 feet; THENCE: S 420 24' 01" W along the common line of said remainder of 1.00 acre tract and said remainder of 175 acre tract for a distance of 285,00 feet to a 5/8 inch iron rod found marking the south corner of said remainder of 1.00 acre tract; THENCE: N 47e 35' 59" W continuing along the common line of said remainder of 1.00 acre tract and said remainder of 175 acre tract for a distance of 145.20 feet to a 518 inch iron rod found marking the west comer of said remainder of 1.00 acre tract; THENCE: N 42e 24' 01" E continuing along the common line of said remainder of 1.00 acre tract and said remainder of 175 acre tract for a distance of 284.90 feet to a 60D nail found in a fence post on the southwest line of Jones Road marking. the north comer of said remainder of 1.00 acre tract; THENCE: S 47' 39' 02" E along the southwest line of Jones Road for a distance of 145.20 feet to the POINT OF BEGINNING, containing 0.95 of an acre of land, more or less. JDW:CJ'a BRENEAMNA7TONALBANKAWONES 09-00=70000RELEASE Page 5 Doc Bk Vol Pa 01020673 0R 8967 239 Holder of the Note acknowledges its payment and releases the property from the above described lien and all other liens (including Vendor's liens) that the undersigned may hold against the above described property. When the context requires, singular nouns and pronouns include the plural. Attest: THE STATE OF XAS COUNTY OF � This instrMent was acknowledged on THE BRENHAM NATIONAL BANK By: Name: �- Title; tn, inq l// ct ha5i oiie� me onus the day ofFebruary, 2009, by 1/ f� ofTheBrenham CAROLS. FOSTER Notary Public, State of Texas Not My Commission Expires My i,o•°• August 26, 2009 ih' cam ri+ IE -ry1 y W.Ij N Ls? y��yj} F tl0 T 6A q lo. ���555555 7DW:CPRBRENnAMNATIONALBANK160-ION WN 09-0056t170000RBLEASPA IJ 88o'er'r� Ike � m State of Texas in Expires: n mWi$C R q� �u�' Ngro � ro Page 6 60-JONESASSOCIATES, LTD. 46960252 Doc_ Rk Vol Ps 01041R1 OR 9315 280 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRUM ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST INREALPROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVERS LICENSE. MODIFICATION AGREEMENT AND RENEWAL AND EXTENSION OF REAL SATE NOTE AND LIENS THE STATE OF TEXAS & COUNTY OF BRAZOS § WHEREAS, THEBRENHAMNATIONALBANK (hereumflercalled "Bank ), is the lawful owner and holder of the following Note and liens: NOTE Date: August 14, 2007 Original principal balance: ONE MILLION AND NO1100 DOLLARS ($1,000,000.00) Makers ofNote: 60•JONES ASSOCIATES, LTD., a Texas limitedpartnership, acting by and through its duly authorized General Partner, 60-JONES, L.L.C., a Texas limited liabilitycompany, actingby andthrough its duly authorized Manager, JAMES E. JETT Named Payee: TIM BRENHAM NATIONAL BANK Original interest Rate: A rate of eight and one -quarter percent (8.251/o) per annum Original terms of payment: Princlpal is due and payable on or before August 14, 2009. Interest is payable quarterly as it accrues, on November 14, 2007, February 14, 2009, May 14, 2008, August 14, 2008, November 14, 2008, February 14, 2009, and May 14, 2009, and at maturity. Prior Modification Agreements: NONE. Final Maturity: August 14, 2009 DEED OF TRUST Date: August 14, 2007 JDWCPR BREN AWATIONAI.BANMO-JONEs 07A625NOI)MCA170NMODDICAMN Page Doc Rk Vol Po 01041519 OR 9313 281 Grantor: 60-JONES ASSOCIATES, LTD.,aTexas limitedpartnersbip, acting by andthrough its duly authorized General Partner, 60-JONES, L.L.C., a Texas limited liability company, acting by and through its duly authorized Manager, JAMES E. JETT Trustee: MICHAEL R. RUDLOFF Named Beneficiary: THE BRENHAM NATIONAL BANK Property: Being four (4) tracts or parcels of land lying and being situated in the J. H. Jones Survey, AbstrectNo. 26, in Brazos County, Texas, containing 79.169 acres, 37.658 acres, 0.744 aere, and 0.95 acre, respectively, and being more fully described by metes and bounds on Exhibit "A" attached hereto and made a part hereof for all purposes. Recordation: Volume 8204, Page 229, Official Records of Brazos County, Texas WHEREAS, Beneficiary has released certain lots, tracts or parcels of land as security for said Note, as follows: (1) Partial Release of Lien dated September 28, 2007, recorded in Volume 8273, Page 46, Official Records of Brazos County, Texas, which released Lot Seven (7), Block Four (4), AGGIELAND BUSINESS PARK, PHASE 4, an addition to Brazos County, Texas, according to a plat recorded in Volume 8169, Page 135, Official Records of Brazos County, Texas; (2) Partial Release ofLien dated January 11, 2008, recorded in Volume 8408, Page 207, Official Records ofBrams County, Texas, which released Lot Eight (8), Block Four (4), AGGIELAND BUSINESS PARK, PHASE 4, an addition to Brazos County, Texas, according to a plat recorded in Volume 8169, Page 135, Official Records of Brazos County, Texas; (3) Partial Release of Lien dated June 12, 2009, recorded in Volume 8650, Page 142, Official Records of Brazos County, Texas, which released Lot Nineteen (19), Block Three (3), AGGB?LAND BUSINESS PARK, PHASE 1, an addition to Brazos County, Texas, according to a plat recorded in Volume 8562, Page 146, Official Records of Brazos County, Texas; and (4) Partial Release of Lien dated February 18, 2009, recordedin Volume 8967, Page 240, Official Records of Brazos County, Texas, which released Lot IA, Block 1, AGGIELAND BUSINESS PARK, an addition to Brazos County, Texas, according to a plat recorded in Volume 9930, Page 158, Official Records of Brazos County, Texas; and 1Dw:CFR aRENBAMXAn0NAIBANK%60.10NFS OM625NODMCATIONNODII9CATION Page 2 Doc Bk Vol Ps 0104150 OR 9315 292 WHEREAS, 60-jONES ASSOCIATES, LTD., a Texas limited partnership (hereinafter called "Borrower'), whether one or more, has requested Bank to modify the interest rate and/or extend or rearrange the time or manner of payment on said Note above described and to extend and carry forward all liens securing payment of said Note, and WHEREAS, Bank, in consideration of the premises and at the request of Borrower, has agreed to modify the interest rate and/or to extend and/or rearrange the time and/or manner of payment of said Note and renew and extend the liens securing payment thereof as hereinafter provided: NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: For good and valuable consideration, the receipt and sufficiency of which being hereby acknowledged and confessed, thesaidBank, acting herein byandthrough its duly authorized officer, and Borrower do covenant and contract and agree as follows: I. Borrower acknowledges and agrees that the unpaid principal balance owing on the Note above described, as of August 14, 2009, is THREE HUNDRED EIGHTY-TWO THOUSAND EIGHT HUNDRED THIRTY-EIGHT AND 081100 DOLLARS ($382,838.08). Interest that has accrued upon such Note to August 14, 2009, has been paid. 2. Borrower hereby renews and extends the unpaid principal balance owing on the Note hereinabove described, and jointly and severally promise to pay to THE BRENHAM NATIONAL BANK, or order, in the City of Brenham, Washington County, Texas, the sum of $1,000,000.00, or so much thereof as may from time to time be advanced (there presently being advanced as of the effective date of this agreement the sum of $392,838.08), together with interest as it accrues on such amounts presently advanced and on such amounts advanced from time to time after August 14, 2009, until paid, at the rate of six percent (6.00%) per annum, said Note to be payable as follows: The principal balance on this Note is due and payable on or before August 14, 2011 (,Maturity,j. Interest, computed on the unpaid principal balance, shall be due and payable quarterly as it accrues, commencing with the first payment of accrued interest being due and payable on the 14th day ofNovember, 2009, and the remaining quarterly payments of accrued interest being due on February 14, 2010, May 14, 2010, August 14, 2010, November 14, 2010, February 14, 2011, and May 14, 2011, IDW:CFR BBENHAMNATIONALBANKN60-]ONES 07-062WODIFICA31ONNODIFICATION page 3 Doe. 8k Vol Ps 0100519 OR 9315 283 and the unpaid principal balance of this Note, together with all accrued but unpaid interest, shall be due and payable in full on August 14, 2011. 3. Borrower warrants and represents that 60-JONES ASSOCIATES, LTD., a Texas limited partnership, owns recordtitle to the Property hereinabove described free andclearofall liens and encumbrances save and except the lien(s) in favor of THE BRENHAM NATIONAL BANK, and has the lawful authority to execute this Agreement. Borrower hereby expressly retiews and extends all lien(s) securing payment of said Note hereinabove described, including but not limited to that certain Deed ofTrust above described, covering the Property herein described. 4. Borrower furthercovenantsandagreesthat all limssecuringpaymeatoftheabovedescribed Note are hereby renewed and extended until the Note as so renewed and extended has been fully paid, both principal and interest. Borrower further covenants and agrees that the extension or rearrangement for payment as herein set forth shall in no manner constitute a waiver of the liens securing payment of said Note, and that the twins and provisions of the Note, Deed of Trust, and Construction Loan Agreement, except where expressly modified herein and/or in conflict herewith, shall continue in full force and effect. Borrower understands and agrees that it is the purpose of this instrument to acknowledge Borrower's joint and several liability forpayment of saidNote, to modify the interestrate and/or the time or manner of payment of said Note and to extend and carry forward all liens securing the same. Borrower represents to THE BRENHAM NATIONAL BANK that said Note as herein modified and renewed and said Deed of Trust lien constitute a valid and subsisting obligation and lien, primary and superior to all other liens and encumbrances except as to those specifically identified hereh ifany, and shall continue infull force and effect until said Note, both principal and interest, is fully paid. S. THE BRENHAM NATIONAL BANK, in consideration of the promises and covenants contained in this Agreement, agrees to the extension for the payment of said Note and the renewal and extension of all liens securing payment thereof. 6. This document is being executed in multiple counterparts which may be combined to create one or more original documents. 7DW:CFR BRENNAMNATIONAWANK\60JONEg 07-0625MODn7CATIONIMODIFICATION Fege 4 Doc 8k Vol Ps 01041819 OR 9313 284 EXECUTED on this thq. A0&yof14aae •2009,but effective asofAugust 14, 2009. � BORROWER: 60-JONES ASSOCIATES, LTD., a Texas limited partnership By: 60-JONES, L.L.C, a Texas limited liability company, its General Partner By: A tea .Jett anager BANK: THE BRENHAM NATIONAL BANK Name: Title; S u P GUARANTORS: James . Je Y 60-JONES, L.L.C., a Texas limited liability company JDW:CFR BRENAWNATIONAI.aAMCM40NES 07-062AMOOMCATIOMMODIPICATION Page 5 0/041519 OR s315 ?E5 CATCO VENTURES, LTD., a Texas limited partnership By: CATCO VENTURES GP, LLC, a Texas limited liability compan is General Partner Sam . Catalena, Member Cody cpdf6a BONEDOC, L.P., a Texas limited partnership By: AGDOC LC, a Texas limited liability company, its General Partner JDW,CFR BRENNAMNATIONAL13MM6040NES 07-062SWODERCAMMMODa4CATiON Page 6 01041519 OR Vol1p66 RUFFINO INVESTMENTS COMPANY, LLC, a Texas limited liability company By. gv;�`7Ru onager By: 444-� & xanf oslj Theresa Connaughton, Manager J. fRoland �R ynono Lauftuf$% JDW:CFR BRETIHAMNATIONALBAW66-JONES 07.0625W0DIPJCA7I0N\M0DMCATTON Page 7 0104Doc pk Vol P9 1'519313 287 The undersigned Guarantorofthepaymentofthe abovereferencedNotedoes hereby consent to the modification, renewal and extension of the herein described Real Estate Note and Liens and does hereby acknowledge, confirm and agree to such Guarantor's continuing guaranty of the payment of the Note as modified herein and liability for the payment of the Note as modified. Witness my hand to be effective as of the 14th day of August, 2009. The undersigned Guarantor of the payment of the above referenced Note does hereby consent to the modification, renewal and extension of the herein described Real Estate Note and Liens and does hereby acknowledge, confirm and agree to such Guarantor's continuing guaranty of the payment of the Note as modified herein and liability for the payment of the Note as modified. Witness my hand to be effective as of the 14th day of August, 2009. 60•JONES, L.L.C., a Texas limited liability company, Guarantor By: &It Ali v. Cj lameo Manager The undersigned Guarantor ofthe payment of the above referenced Note does hereby consent to the modification, renewal and extension of the herein described Real Estate Note and Liens and does hereby acknowledge, confirm and agree to such Guarantor's continuing guaranty of the payment of the Note as modified herein and liability for the payment of the Note as modified. Witness my hand to be effective as of the 14th day of August, 2009. Adrian G. McDonald, Jr., Guarantor 7DW;CFR aRENHAWATIONA13AM60dONE8 074625VAODWICAI IOWMODWICATION Page 8 Doc 8R Val 01041519 OR 9315 PO The undersigned Guarantor of the payment of the above referenced Note does hereby consent to the modification, renewal and extension of the herein described Real Estate Note and Liens and does hereby acknowledge, confirm and agree to such Guarantor's continuing guaranty of the payment of the Note as modified herein and liability for the payment of the Note as modified. Witness my hand to be effective as of the 14th day of August, 2009. Pet W. atalena, Guarantor The undersigned Guarantor ofthe payment ofthe above referenced Note does hereby consent to the modification, renewal and extension of the herein described Real Estate Note and Liens and does hereby acknowledge, confirm and agree to such Guarantor's continuing guaranty of the payment of the Note as modified herein and liability for the payment of the Note as modified. Witness my hand to be effective as of the 14th day of August, 2009. CATCO VENTURES, LTD., a Texas limited partnership, Guarantor By: CATCO VENTURES GP, LLC, aTexas limited liability company, its General Partner H Sam . Catalena, Member The undersignedGuarantorofthepayment oftheabove tefereneedNote doesherebyconsent to the modification, renewal and extension of the herein described Real Estate Note and Liens and does hereby acknowledge, confirm and agree to such Guarantor's continuing guaranty of the payment of the Note as modified herein and liability for the payment of the Note as modified. Witness my hand to be effective as of the 14th day of 2009, a-4 Cody C ena, Guarantor JDw:crRBBENHAMNATIOMBAM6WONBS 07A625NODMCATIONNODB'ICA970N Page 9 Doc 010415519 OR Vol Ps 9315 2E9 The undersigned Guarantor of the payment of the above referenced Note does hereby consent to the modification, renewal and extension of the herein described Real Estate Note and Liens and does hereby acknowledge, confirm and agree to such Guarantor's continuing guaranty of the payment of the Note as modified herein and liability for the payment of the Note as modified. Witness my hand to be effective as of the 14th day of August, 2009. BONEDOC, L.P., a Texas limited partnership, Guarantor By: AGDOC LC, a Texas limited liability company, its General Partner BY; & ile f- 8r/h 14 Belle Bramhall, Member By: k4�w�' to P. Bramball, Member Theundersigned Guarantorofthepayment oftheabovereferencedNote does hereby consent to the modification, renewal.and extension of the herein described Real Estate Note and Liens and does hereby acknowledge, confirm and agree to such Guarantor's continuing guaranty of the payment of the Note as modified herein and liability for the payment of the Note as modified. Witness my hand to be effective as of the 14th day of August, 2009. M. Elfir,' hi, Guarantor The undersigned Guarantor of the payment of the above referenced Nate does hereby consent to the modification, renewal and extension of the herein described Real Estate Note and Liens and does hereby acknowledge, confirm and agree to such Guarantor's continuing guaranty of the payment of the Note as modified herein and liability for the payment of the Note as modified. Witness my hand to be effective as of the 14th day of August, 2009. JDW;CPRDRENnAMNAMONALBANW-JONES 07-0625MODff[CAnOMMODISCATION Page 10 01041519 OR 9315 290 The undersigned Guarantor ofthe payment of the above referenced Note does hereby consent to the modification, renewal and extension of the herein described Real Estate Note and Liens and does hereby acknowledge, confirm and agree to such Guarantor's continuing guaranty of the payment of the Note as modified herein and liability for the payment of the Note as modified. Witness my hand to be effective as of the l4th day of August, 2009. RUFFINO INVESTMENTS COMPANY, LLC, a Texas limited liability company, Guarantor I (/ vj/J. J.RyMb, Manager J By: t�� 0,h^�"' Theresa Connaughton, Manager The undersigned Guarantor ofthe paymentoftheabove referencedNote does hereby consent to the modification, renewal and extension of the herein described Real Estate Note and Liens and does hereby acknowledge, confirm and agree to such Guarantor's continuing guaranty of the payment of the Note as modified herein and liability for the payment of the Note as modified. Witness my hand to be effective as of the 14th day of August, 2009. R�uffmo, GuEantor �— Theundersigned Guarantorofthepayment ofthe abovereforencedNote doesherebyconseni to the modification, renewal and extension of the herein described Real Estate Note and Liens and does hereby acknowledge, confirm and agree to such Guarantor's continuing guaranty of the payment of the Note as modified herein and liability for the payment of the Note as modified. Witness my hand to be effective as of the 14th day of August, 2009. JDW:CPRDItENRAMNAMONALHAM60,ZONES 07-062MODIPICATIO"ODIPICATION Page 11 010400C ak Vol 0a' 415 THE STATE OF TEXAS § COUNTY OF �G�� § This instrument was acknowledged before me on this the e;-z day o� 2009, by James E. Jett, individually, as Manager of 6o-Jones, L.L.C., a Texas limited liability company, and as Manager of 60-Jones, L.L.C, a Texas limited liability company, acting in its capacity as General Partner of 60-Jones Associates, Ltd„ a Texas limited partnership. ra llotary Public, State of Texas My Commission Expires: THE STATE OF TEXAS COUNTY OF /rq�C § �} This instrument was acknowledged before we on this the v, day of� 2009, by Adrian G. McDonald, Jr. MYPOk r� �yjypupp¢,3hMd = tMA�2913 "� Notary Public, Stata o Texas My Commission Expires: THE STATE OF TEXAS j § COUNTY OF J § This instrument was acknowledged before me on this the 9 day of`�`� 2009, by Pete W. Catalmo TER to lyLW � i smr o Tom Notary Public, State of Texas my oWf"*0W EgVW rtxv 1e, 2019 My Commission Expires: JDW:CFR BREN4K M ATIONALBANx160-JONES 07-0625WODIRCATIOMMODIFICATION page 12 0104/519 OR 93115 THE STATE OF TEXAS § COUNTY OF _ �� § This instrument was acknowledged before me on this the � day of, 2009, by Samuel I Catalena, as a Member of Catco Ventures GP, LLC, a Tefas liability company, acting in its capacity as General Partner of Catco Ventures, Ltd., a Texas limited partnership. AgeNotary Public, State of Texas My Commission Expires: THE STATE OF TE S § COUNTY OF § This instrument.was acknowledged before me on ibis the —�— day of �> 2009, by Cody Catalena. CMIOL � Auas 8� 2013 THE STATE OF TEXAS COUNTY OF "Bir& LOB Ntary State of Texas My Commission Expires: This instrument was acknowledged before me on this the 2rvkday of Sit 2009, by Belie Bramhall, a Member of Agdoc LC, a Texas limited liability company, acting in its capacity as General Partner of Bonedoc, L.P., a Texas limited partnership. KRISTI R. CROWSON MY e060d ICN E)MIRES Notary Public, State of Texas JANUARY r, 2011, My Commission Expires: 0, j3 k JDW:CPR BRENRAR NKMNALBANMO-JONES 07-0625MODOCAIIONWOOMCATION Page 13 Pe 29. 01041519 OR 5315 243 THE STATE OF TEXAS COUNTY OF BMTOS This instrument was acknowledged before me on this the 2v+o( day of }eA& lean 2009, by Joe P. Bramhall, a Member ofAgdoc LC, a Texas limited liability company, acting in its capacity as General Partner of Bonedoc, L.P., a Texas limited partnership. KRISTI R. CROWSON MY COMMISSION EMPIRES •--- JANUARY 7, 2011 Notary Public, State of Texas :- — -- My Commission Expires; �_l,, aO l l THE STATE OF TEXAS § COUNTY OF § r/� This instrument was acknowledged before me on this the /0 &y ofc:;L W, 2009, by James M. Eller, III. TERRA PLANT . *%ryK II0.SiMtd Taw U✓/ IS 1 o, CCJ M' Comml"b0 ftk" DULY 15, 2013 Notary Public, State of Texas • My Commission Expires: THE STATE OF TEXAS § COUNTY OF �_ § This instrument was acknowledged before me on this the I/ day o� 2009, by J. J. Ruffin, individually and as a Manager of Ruffin Investments Co any, LLC, a Texas limited liability company. aAi 'a.�esrea NMxY PuMk ste aelTaus No Public fate of Texas MY cw"Issi0n Esp4M �y > AUGUST 23, 2013 My Commission Expires: JDW.CFR aRENRANINATI0NALISAW6"ONES 07-0625MODW[CATIONNOI) PICATION Pegs 14 or R Vol 1010430 OR 9315 2U Mr.t . . r , ; COUNTY OF S § s This instrument was acknowledged before me on this theft day of 2009, by Theresa Comtaughton, a Manager ofRuffmo Investments Company, WC, a T9xis limited liability company. CARL3.2 ER 1� Nmory Toe My cne AU3 THE STATE OF TEXAS _.e — /57 A /6 Ntate of Texas My Commission Expires: COUNTY OF �i✓ § This instrument was acknowledged before me on this the 16A day oft AAM&-V 2009, by J. Roland Ruftino. TE PLAWW [(a W." ice. Surq Toe My commkft 10" DULY 15, 20/3 THE STATE OF TEXAS 01;�a P14i Notary Public, State of Texas My Commission Expires: COUNTY OF § This instrument was acknowledged before me on this the /40� day ofd7p 2009, by Larry Ruffin. T puft A1tiT r Nofa�r Pu�I1C,:4 j,�rtlu+r q om c0LY 15.2 13 JULr/a.2o1a Notary Public, State of Texas My Commission Expires: E1W:CPa BRENBANWATIONALBANxIWONES 07-062MMODMCAIIONNODMCATION Page 15 THE STATE OF TEXAS COUNTY OF § This instrumerhwas acknowledged before me 2009,by_ _ .CC.& coole. ,- *S corporation, on �lSileeofTe,Q Notary Public, State of Texas My Commission Expires: PREPARED IN THE LAw OFFICES OF: PAYbM WATSON, MB,L6R, MALECNEK & SCHERR, P.C. AMP.RF.CORDINO, PLPASE RETURN TO: JAY DON WATSON PAYNE, WATSON, MBJ.ER, MALECHEK & SCHERR, P.C. P. 0. Box 6900 BRYAN, TX 77905 Our 8k ps 01041519 DR V315 295 CRE f TexasPira JDW:CFR BRENHAMNATIONALBAM60.JONES 07-0625WODMCATIOMMOI)MCATION Page 16 11031010439 3 EXHIBIT "A" q6 TRACT ONE: Metes and bound description of all that certain tract orparcel ofland lying and being situatedintheJ.H.JONESSURVEY, ABSTRACTNO.26,Brazos County, Texas. Saidtractbeing a portion ofthe remainder ofa called 175 acre tract as described by a deed to Steve Hudetts recorded in Volume 63, Page 182 of the Deed Records of Brazos County, Texas; said tract being more particularly described by metes and bounds as follows: COMMENCING at a 1/2 inch iron rod found marking the west comer of a called 5.394 acre tract as described by a deed to Frank Fields and wife, Betty J. Fields, recorded in Volume 4352, Page 15 ofthe Official Public Records of Brazos County, Texas, and a southwest comer of said remainder of 175 we tract, said iron rod found being on the northeast line of a called 1.896 acre tract as described by a deed to Thomas Moore recorded in Volume 1116, Page 583 ofthe Official Records of Brews County, Texas, marking the west comer of said 5.394 acre tract; THENCE: N 44° 49' 40" W along the common line of said remainder of 175 acre tract and said 1.896 acre tract for a distance of 192.94 feet to a 5/8 inch iron rod set marking the POINT OF BEGINNING of this herein described tract; THENCE: N 44' 49' 40" W continuing along the common line of said remainder of 175 acre tract and said 1.896 acre tract for a distance of 1657.90 feetto a 1/2 inch iron rod found marking thenorth comer of a called 4.4949 acre tract as described by a deed to Charles Edward Ottaway, Jr. and wife, Cynthia Ann Ottaway, recorded in Volume 1237, Page 295 ofthe Official Public Records of Brazos County, Texas, said iron rod found being on the southeast line ofa called 1.00 acre tract as described by a deed to James L. Harris recorded in Volume 923, Page 337 of the Official Public Records of Brazos County, Texas; THENCE: N 430 4412311 E along the common line of said remainder of 175 acre tract and said 1.00 acre tract for a distance of 126AO feet to a 1/2 inch iron rod found marking the east comer of said 1.0 acre tract; THENCE: N 470 3114611 W continuing along the common line of said remainder of 175 acre tract and said 1.00 acre tract for a distance of 934.59 feet to a 1/2 inch iron rod found marking the north comer of a called 7.922 acre tract as described by a deed to Gloster Jefferson recorded in Volume 836, Page 129 of the Official Records ofBrazos County, Texas, said iron rod found marking the east comer of a called 7,922 acre tract as described by a deed to Bennie Wilson, Jr. and wife, Gloria M. Wilson, recorded in Volume 2915, Page 242 ofthe Official Public Records ofBrazos County, Texas, and the south comerofacalled 6.5 acre tract as described by adeed to Fred Jefferson and wife, Ruby Jefferson, recorded in Volume 122, Page 45 of the Deed Records of Brazos County, Texas; THENCE: N 44° 45' 10" E along the common line of said remainder of 175 acre tract and said 6.5 acre tract for a distance of 426.31 feet to a 5/8 inch iron rod set on the south line of Jones Road marking the east comer of said 6.5 acre tract and the west comer of a called 0.744 acre tract as described by a Quit Claim Deed from Brazos County to Lucy Hudetts Walker signed and dated October 8, 1990 (not filed for record); THENCE: N 62° 54' 01" E along the occupied south line of Jones Road, same being the south line of said 0.744 acre tract, for a distance of 292.47 feet to an angle point in said line; THENCE: N 811 02'30" E continuing along the occupied south line of Jones Road, same being the south line of said 0.744 acre tract, for a distance of 486,30 feet to a point marking the cast corner of said 0.744 acre tract; 01040l514 OR 7315 247 THENCE: N ii9" 59' 1"0'" E continuing along the south line ofJones Road for a distance of47.38 feet to a 518 inch iron rod set marking the beginning of a clockwise curve having a radius of 904.93 feet; THENCE: along said curve through a central angle of42" 21' 41" for an are distance of 669.05 feet (chord bears: S 68149' 52" E - 653.92 feet) to a point in an existing fence line marking the ending point of said curve; THENCE: S 47° 39' 02" E along the southwest line of Jones Road and along said fence line for a distance of 1502.88 feet to a 5/8 inch iron rod act marking the east comer of this herein described tract; THENCE: S 44" 11' 15" W through said remainder of 175 acre tract and along the centerline of an existing 60.00 foot wide electrical easement for a distance of 397.21 feet to an existing power pole; THENCE; S 40" 58' 09" W continuing through said remainder of 175 acre tract and along the centerline ofsaid electrical easement for a distance of 1160.87 feetto the POINT OF BEGINNING, containing 79.169 acres of land, more or less. TRACT TWO: Metes and bounds description of all that certain tract or parcel of land lying and beingsituated intheJ. H. JONES SURVEY, ABSTRACTNO.26, Brazos County, Texas. Saidtract being a portion of the remainder of a called 175 acre tract as described by a deed to Steve Hudetts recorded in Volume 63, Page 182 of the Deed 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 at the intersection of the southwest line of Jones Road (a county maintained public road) and the existing northwest line of EM. 60 (Raymond Stotzer Parkway), for reference aconcrete right-of-way marker found bears: N 40° 43' 59" E for a distance of 14.45 feet; THENCE: S 40" 43' 59" W along the northwest lime of F.M 60 for a distance of 472.53 feet to a concrete right-of-way marker found marking an angle point in said line: THENCE: S 41° 5 P 56" W continuing along the northwest line of F.M. 60 for a distance of 597.43 feet to a 518 inch iron rod set on the northeast line ofa called 1.328 acre tract as described by a deed to Betty Lynn Trcalek Suehs, Caro[ Ann Trealek Petty, Susan Denise Trcalek Skrabanek and Donna Ruth Trceiek Jones, recorded in Volume 4818, Page 285 of the Official Public Records of Brazos County, Texas, marking the south comer of this herein described tract, for reference a 3/8 inch iron rod found marking the east comer of said 1.328 acre tract bears: S 44" 43' 07" E for a distance of 0.53 feet; THENCE: N 44' 43' 07" W along the common line of said remainder of 175 acre tract and said 1.328 acretract for a distance of415.67 feet to a cross -tie fence comer post found marking the north comer of said 1.328 acre tract; THENCE: S 42150' 02" W continuing along the common line of said remainder of 175 acre tract and said 1,328 acre tract for a distance of 139.10 feet to a 3/8 inch iron rod found marking the west comer of said 1.328 acre tract and the most easterly north comer of a called 5,394 acre tract as described by a deed to Frank Fields and wife, Betty J. Fields, recorded in Volume 4352, Page 15 of the Official Public Records of Brazos County, Texas; THENCE: S 43" 16' S4: W along the common line of said remainder of 175 acre tract and said 5.394 acre tract for a distance of 125,56 feet to a cross -tie fence corner post found marking an interior comer of said 5.394 acre tract; THENCE: N 46" 53' 11" W continuing along the common line of said remainder of 175 acre tract and said 5,394 acre tract for a distance of 679.90 feet to a cross -tie fence comer post found marking the north comer of said 5.394 acre tract; fi 01041519 OR 9315 29t1 THENCE: S 44° 5T 55" W continuing along the common line of said remainder of 175 acre tract and said 5.394 acre tract for a distance of 263.23 feet to a 1/2 inch iron rod found on the northeast line of a called 1,896 acre tract as described by a deed to Thomas Moore recorded in Volume 1116, Page 583 of the Official Records of Brazos County, Texas, marking the west comer of said 5.394 acre tract: THENCE: N 44° 49' 40" W along the common line of said remainder, of 175 acre tract and said 1.896 acre tract for adistance of 192,94 feetto a 5/8 inch iron rod set marking the west comer of this herein described tract, for reference a 1 /2 inch iron rod found marking the north corner of a called 4.4949 acre tract as described by a deed to Charles Edward Onaway, Jr. and wife, Cynthia Ann Ottaway, recorded in Volume 1237, Page 295 of the Official Public Records of Brazos County, Texas, on the southeast line of a called 1.00 acre tract as described by a deed to James L. Harris recorded in Volume 923, Page 337 ofthe Official Records of Brazos County, Texas, marking a west corner of said remainder of 175 acre tract bears: N 44Q 49' 40" W for a distance of 1657.90 feet; THENCE: N40° 58'09"Ethroughsaidremaiuder of 175 acre and alongthe centerline of an existing 60.00 foot wide electrical easement for a distance of 1160.87 feet to an existing power pole; THENCE: N 441 11' 15" E continuing through said remainder of 175 acre tract and along the centerline of said electrical easement for a distance of 397.21 feet to a 5/8 inch iron rod set in the southwest fenced line of Jones Road marking the north corner of this herein described tract; THENCE: S 47° 39' 02" E along the southwest line of Jones Road and along said fence line for a distance of 565.64 feet to a 60d nail found in the top of a fence post marking the north comer of a called 1.00 acre tractas described by a deed to Steve Hudetts and wife, Barbara D. Hudetts, recorded in Volume 366, Page 8 of the Deed Records of Brazos County, Texas; THENCE: S 420 24101 W through said remainder of 175 acre tract and along the northwest line of said 1.00 acre Hudetts tract for a distance of 284.90 feet to a 518 inch iron rod set marking the west corner of said 1.00 acre tract; THENCE: S 471 35' 59" E continuing through said remainder of 175 acre tract and along the southwest line of said 1.00 acre Hudetts tract for a distance of 145.20 feet to a 518 inch iron rod set marking the south corner of said 1.00 acre tract;. THENCE: N 42' 24' 01" E continuing through said remainder of 175 acre tract and along the southeast line of said 1.00 acre Hudetts tract for a distance of 285.03 feet to a 518 inch iron rod set on the southwest line of Jones Road marking the east corner of said 1.00 acre tract; THENCE: S 470 39' 02" E along the southwest line of Jones Road for a distance of 588.53 feet to the POINT OF BEGINNING, containing 37.658 acres of land, more or less, TRACT THREE: Metes and bounds description of all that certain tract of land lying and being situated inthe J. H. JONES SURVEY, ABSTRACTNO. 26, Brazos County, Texas. Saidtractbeing the same tract ofland as described by a Quitclaim Deed to Lucy Hudetts Walker recorded in Volume 2455, Page 43 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 in the existing south fenced line of Jones Road, same being the northerly line of the remainder of a called 175 acre tract as described by a Deed to Steve Hudetts recorded in Volume 63, Page 182 of the Dead Records of Brazos County, Texas, said iron rod found marking the east comer of a called 6.5 acre tract as described by a Deed to Fred Jefferson and wife, Ruby Jefferson, recorded in Volume 122, Page 45 of the Deed Records of Brazos County, Texas; THENCE: through the existing right-of-way of Jones Road and along the northerly lines of said 0.744 acre tract for the following calls: O31301041519 R 75 49 N 440 39' 18" E for a distance of 254.37 feet to a 5/8 inch iron rod found; N 760 2T 02" E for a distance of 119.31 feet to a 518 inch iron rod found; N $90 5V 18" E for a distance of 445.95 feet to a point in the existing south fenced fine of Jones Road marking the cast corner of this herein described tract; THENCE: along the existing south fenced line of Jones Road, same being the northerly line of said remainder of 175 acre tract, for the following calls: S 81° 02' 30" W for a distance of 486.30 feet to a point; S 620 54, 01" W for a distance of 292.47 feet to the POINT OF BEGINNING, containing 0,744 of an acre of land, more or less. TRACT FOUR: Metes and bounds description of all that certain tract or parcel of land lying and being situated in the J. H. JONES SURVEY, ABSTRACTNO. 26, Brazos County, Texas. Saidtraet being the remainder of a called 1.00 acre had as described by a Deed to Steve Hudetts and wife, BarbaraD. Hudetts, recorded in Volume 366, Page ofthe Deed Records ofBrazos 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 Jones Road (variable width R.O.W.) marking the east comer of said remainder of 1.00 acre tract and a northerly comer of the remainder of a called 175 acre tract as described by a Deed to Steve Hudetts recorded in Volume 63, Page 182 of the Deed Records of Brazos County, Texas, for reference a 5/8 inch iron rod found on the northwest line of FM 60 marking the east corner of said remainder of 175 acre tract bears: S 471 39' 02" E for a distance of 588.53 feet; THENCE: S 42" 24' 01" W along the common line of said remainder of 1.00 acre tract and said remainder of 175 acre tract for a distance of 285.00 feet to a 518 inch iron rod found marking the south corner of said remainder of 1.00 acre tract; THENCE: N 47° 35' 59" W continuing along the common line of said remainder of 1.00 acre tract and said remainder of 175 acre tract for a distance of 145.20 feet to a 5/8 inch iron rod found marking the west comer of said remainder of 1,00 acre tract; THENCE: N 42" 24' 01" E continuing along the common line of said remainder of 1.00 acre tract and said remainder of 175 acre tract for a distance of 284.90 feet to a 60D nail found in a fence post on the southwest line of Jones Road marking the north corner of said remainder of 1.00 acre tract; THENCE: S 471 39'02" B along the southwest line of Jones Road for a distance of 145.20 feet to the POINT OF BEGINNING, containing 0.95 of an acre of land, more or less. 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