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HomeMy WebLinkAboutTitle CertificateAg eland Title Compa y SUBSEQUENT TO CERTIFICATE GF# 30134 PROPERTY DESCRIPTION: All of Lot Three-C (3C), Block 1, THE GATEWAY SUBDIVISION, PHASE 3, an addition to the City of College Station, Brazos County, Texas, according to the Re -plat recorded in Volume 9112, Page 139 of the Official Public Records of Brazos County, Texas. RECORD TITLE APPEARS TO BE VESTED IN: World Hotels & Resorts, LLC, a Texas limited liability company THE STATE OF TEXAS COUNTY OF BRAZOS We, AGGIELAND TITLE COMPANY, hereby certify that we have carefully examined the records in the Office of the County Clerk of Brazos County, Texas, and find nothing of record affecting title to the above captioned lands subsequent to: June 1, 2009 @ 7:00 a.m. EXCEPT the following: 1.) Declaration of Access (Forest Drive), executed effective as of May 1, 2009 by Brazos Gateway Place Development, Ltd, in instrument recorded in Volume 9137, page 149 and filed of record on June 8, 2009. 2.) Special Warranty Deed with Vendor's Lien dated June 15, 2009 from Brazos Gateway Place Development, Ltd. to World Hotels & Resorts, LLC, recorded in Volume 9158, page 253 of the Official Public Records of Brazos County, Texas. 3.) Deed of Trust, Security Agreement, Financing Statement and Assignment of Rental dated June 15, 2009 from World Hotels & Resorts, LLC to Texas Enterprise Bank, recorded in Volume 9158, page 258 of the Official Public Records of Brazos County, Texas. 4.) Affidavit of Nonhomestead dated June 15, 2009 by and between World Hotels & Resorts, LLC and Texas Enterprise Bank, recorded in Volume 9158, page 292 of the Official Public Records of Brazos County, Texas. 3740 Copperfield Drive, Suite 101 • Bryan, Texas 77802 Phone (979) 731-8400 • FAX (979) 731-8408 5.) Easement Abandonment, ORDINANCE NO. 3214, filed of record June 10, 2010 and recorded in Volume 9674, page 29 of the Official Public Records of Brazos County, Texas. 6.) Modification, Rearrangement and/or Extension Agreement (Note and Lien), dated August 1, 2011 and recorded in Volume 10332, page 266 of the Official Public Records of Brazos County, Texas, filed of record on September 12, 2011. 7.) Modification, Rearrangement and/or Extension Agreement (Note and Lien), dated July 29, 2010 and recorded in Volume 10333, page 19 of the Official Public Records of Brazos County, Texas, filed of record on September 12, 2011. 8.) Partial Release of Lien dated June 21, 2012 from The Bank & Trust of Bryan/College Station to World Texas Hotels and Resorts, LLC and Texas Hotel Management, LP in instrument recorded in Volume 10762, page 219 of the Official Public Records of Brazos County, Texas, 9.) First Amendment to Declaration of Easements, Covenants, Conditions and Restrictions and Assignment and Assumption of Developer Rights, effective July 17, 2012 and recorded in Volume 10797, page 284 of the Official Public Records of Brazos County, Texas. We find State Tax Liens, Federal Tax Liens, Abstracts of Judgment or Lis Pendens of record against the above captioned property owner as follows: NONE FOUND This certificate is prepared and delivered with the express understanding and agreement, evidenced by the acceptance hereof, that the undersigned is not rendering an opinion as to the title to the lands under investigation herein, and while believing its construction of the records as hereinabove set out to be true and correct, still will incur no liability beyond the fee paid for this certificate by reason of such construction, nor will it be liable for any error or omission of any kind whatsoever. RECORDS searched to the 18th day of February, 2013 @ 7:00 a.m. IELAND TWstractr BY: - 4flamy) S aron Moylan, r Return to Aggieland Title Company GF#.2$"-1 l& Special Warranty Deed with Vendor's Lien NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER, Date: June 15, 2009 Grantor: BRAZOS GATEWAY PLACE DEVELOPMENT, LTD., A Texas limited partnership Grantor's Mailing Address: P. O. Box 4508, Bryan, Brazos County, TX 77802 Grantee: WORLD HOTELS & RESORTS, LLC, a Texas limited liability company Grantee's Mailing Address: P. 0. Box 2864, Bryan, Brazos County, TX 77805-2864 Consideration: TEN DOLLARS ($10.00) and other good and valuable consideration and a note of even date executed by Grantee and payable to the order of TEXAS ENTERPRISE BANK, in the principal amount of ONE MILLION FIVE HUNDRED NINETEEN THOUSAND NINE HUNDRED SIXTY AND N01100 DOLLARS ($1,519,960.00). The note is secured by a first and superior vendor's lien and superior title retained in this Deed in favor of TEXAS ENTERPRISE BANK, and by a first -lien deed of trust of even date from Grantee to Franklin Patterson, Jr., Trustee. Property (including any improvements): All of Lot Three-C (3C), Block 1, THE GATEWAY SUBDIVISION, PHASE 3, an addition to the City of College Station, Brazos County, Texas, according to the Re -plat recorded in Volume 9112, Page 139 of the Official Public Records of Brazos County, Texas (the "Property".) Reservations from Conveyance: The vendor's lien and superior title are specifically retained by Grantor against the property described herein until the note described herein and all interest thereon are fully paid, and to the extent the same secure the payment of the note described herein, they are hereby assigned and transferred to TEXAS ENTERPRISE BANK, without recourse or warranty, express or implied. Exceptions to Conveyance and Warranty: Restrictive covenants of record in Volume 9108, Page 86, and as noted on the Plat recorded in Volume 9112, Page 138 of the Official Public Records of Brazos County, Texas. j00046782 4) ijr„_ a, Unl t1it-2197 Q 915; '294. 2. Standby fees, taxes and assessments by any taxing authority for the year 2009, and subsequent years; and subsequent taxes and assessments by any taxing authority for prior years due to change in and usage or ownership, but not those taxes and assessments for prior years because of an exemption granted to a previous owner of the property under Section 11.13, Texas Tax Code, or because of improvements not assessed for a previous tax year. 3. Easements or claims of easements which are not recorded in the public records of Brazos County, Texas. 4. Visible and apparent easements on, under or across the Property. 5. Sewer line easement granted to the City of College Station by Jacob Luza, Jr., dated September 25, 1978, recorded in Volume 407, Page 792 of the Deed Records of Brazos County, Texas. 6. Twenty foot (20') utility easement near the northeast corner of the Property as shown on the Replat of The Gateway, Phase 1, recorded in Volume 4998, Page 262 of the Official Public Records of Brazos County, Texas. 7. Amendment of Declaration of Easement and Access Easement Agreement and Reserved Utility Easements dated February 19, 2004, between Brazos Gateway Place Development, Ltd., CNL Net Lease Funding 2001, LP, College Station Wings, Inc. and Home Depot U.S.A., Inc., recorded in Volume 5883, Page 204 of the Official Public Records of Brazos County, Texas. Said instrument amends those easements agreements recorded in Volume 3252,Page 212; Volume 4998, Page 262, Volume 5239, Page 165 and Volume 3360, Page 196, all in said Official Public Records. 8, Correction Road Construction and Maintenance Agreement dated November 17, 2003, between Delmar Baronhead I, Ltd. and Brazos Gateway Place Development, Ltd. filed for record February 27, 2004, recorded in Volume 5891, Page 183 of the Official Public Records of Brazos County, Texas. 9. Twenty foot (20) utility easements along the northwesterly side and running through the Property as shown on the Replat of Gateway Subdivision, Phase 1 and Phase 3, recorded in Volume 6372, Page 138 of the Official Public Records of Brazos County, Texas. 10. Ten foot (10') utility easement along the easterly side and along the southerly side; a thirty foot (30') sanitary sewer easement on the westerly side of the lot, as shown and noted on the Replat of The Gateway Subdivision, Phase 3, recorded in Volume 9112, Page 138 of the Official Public Records of Brazos County, Texas. 11. Easement Agreement for Access dated May 27, 2009, between Brazos Gateway Development, Ltd. and Gateway Villas, a Condominium Homeowners Association, Inc. recorded in Volume 9118, Page 94 of the Official Public Records of Brazos County, Texas, 12. Mineral Reservation as set out in correction deed dated February 27, 1997, from Frank ,0004678E 41 Doc U, Vol ;'s _rltt12i4% uR 47.58 255 J. Matous, Fauline Putz Sims and Elizabeth Ann Matous Swetish to First Madison Real Estate, Ltd., filed for record September 17, 1997, recorded in Volume 2934, Page 266, Official Public Records of Brazos County, Texas. 13. Mineral Reservation as set out in correction deed dated February 27, 1998, from Frank L. Matous, Jr., Frauline Putz Sims and Elizabeth Ann Swetish to Delmar Baronead I, Ltd., filed for record March 24, 2000, recorded in Volume 3761, Page 68, Official Public Records of Brazos County, Texas. Grantor, for the Consideration and subject to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty, grants, sells, and conveys to Grantee the Property, together with all and singular the rights and appurtenances thereto in any way belonging, to have and to hold it to Grantee and Grantee's heirs, successors, and assigns forever. Grantor binds Grantor and Grantor's heirs and successors to warrant and forever defend all and singular the Property to Grantee and Grantee's heirs, successors, and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof when the claim is by, through, or under Grantor but not otherwise, except as to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty. The vendor's lien against and superior title to the Property are retained until each note described is fully paid according to its terms, at which time this deed will become absolute. Ad valorem taxes with respect to the Property for the current year have been prorated as of the date hereof and Grantee assumes and agrees to pay the same. When the context requires, singular nouns and pronouns include the plural. IT IS EXPRESSLY AGREED THAT THE GRANTOR MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO THE CONDITION OF THE PROPERTY. THE PROPERTY IS CONVEYED "AS IS", AFTER INSPECTION OF THE PROPERTY BY GRANTEE. EXCEPT AS TO THE WARRANTY OF TITLE, NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, ARE MADE BY GRANTOR AS TO THE CONDITION, HABITABILITY OR SUITABILITY OF THE PROPERTY OR THE IMPROVEMENTS. THIS PROVISION IS PART OF THE CONSIDERATION FOR THE EXECUTION OF THIS DEED BY THE GRANTOR AND THE DEED WOULD NOT HAVE BEEN EXECUTED BY GRANTOR BUT FOR THIS PROVISION. THE RECORDING OF THIS INSTRUMENT BY THE GRANTEE, OR ANYONE ACTING ON ITS BEHALF, CONCLUSIVELY EVIDENCES THE ACCEPTANCE OF THIS CONVEYANCE SUBJECT TO THE PROVISIONS OF THIS PARAGRAPH. This Special Warranty Deed with Vendor's Lien ("Deed" herein) has been executed by Grantor on the date of the taking of its acknowledgment, but the effective date of this Deed shall be deemed to be June 15, 2009, for all purposes and it shall be effective as of that date. (00046792 41 Doc i p312147 ol-59 `mot BRAZOS GATEWAY PLACE DEVELOPMENT, LTD., A Texas limited partnership By: BRAZOS GATEWAY A/DELOPMENT MAN , ILL Its Gaartner D ID T�, S��CARMARDO,O,, Manager By: / � J0/41,wi A. G. TOMMY DALLIS, Manager (ACKNOWLEDGMENT) THE STATE OF TEXAS COUNTY OF BRAZOS This instrument was acknowledged before me on the Ar' day of June, 2009, by DAVID W. SCARMARDO, Manager of BRAZOS GATEWAY PLACE DEVELOPMENT MANAGEMENT, LLC, a Texas limited liability company, General Partner of BRAZOS GATEWAY PLACE DEVELOPMENT, LTD., a Texas limited partnership, on behalf of said partnership, °W ,eJ FRED BAYLISS Notary Public, State of Texas Notary u ,Sate of Texas My Commission Expires December 10, 2D11 (ACKNOWLEDGMENT) THE STATE OF TEXAS § COUNTY OF BRAZOS § // This instrument was acknowledged before me on the (' /P day of June, 2009, by A. G. TOMMY DALLIS, Manager of BRAZOS GATEWAY PLACE DEVELOPMENT MANAGEMENT, LLC, a Texas limited liability company, General Partner of BRAZOS GATEWAY PLACE DEVELOPMENT, LTD., a Texas limited partnership, on behalf of said partnership. O4 J €R@D ®AYLI55 Notary Puck, State of Texas My Commission `explfaa December 10. 2011 of Texas 1000467924) AGREED TO AND ACCEPTED BY GRANTEE: WORLD HOTELS & RESORTS, LLC, A Texas limited liability company BY: SALIM ISMAIL, L.L.C., A Texas limited liability',company, Its Mana B Salim Ismail, President (ACKNOWLEDGMENT) THE STATE OFEXAS § COUNTY OF This instrument was acknowledged before me on the r frl day of June, 2009, by SALIM ISMAIL, President of SALIM ISMAIL, L.L.C., a Texas limited liability company, Manager of WORLD HOTELS &RESORTS, LLC, a Texas limited liability company, on behalfpsd Iite�ira�lity Rom any. AFTER RECORDING RETURN TO: Aggieland Title Company 3740 Copperfield Drive, Suite101 Bryan, Texas 77802 GF# 25289 J FRED BAYLISS Nlr% Public, State of Texas r Pu©Ilc, state of T®xas PREPARED IN THE LAW OFFICE OF: The Ellison Firm College Station, Texas 77842 P.O. Box 10103 File No. 04695.091 SPECIAL WARRANTY DEED WITH VENDOR'S LIEN: BRAZOS GATEWAY PLACE DEVELOPMENT, LTD., a Texas limited partnership To WORLD HOTELS & RESORTS, LLC, a Texas corporation `� v M in 2 s L:c T may'. ITmi < O— � iR N ltl iJ T 1 9 I (00046782 4) " ra M Q i9 N � O 3 nr, n Pg 25!