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HomeMy WebLinkAboutFolderENGINEER'S ESTIMATE Northpoint Crossing Sidewalk Infrastructure DESCRIPTION GENERAL ITEMS 1 Mobilization and Project Overhead 2 Traffic Control 3 Erosion and Sediment Control PAVEMENT ITEMS 4 4" Concrete Sidewalk 5 Handicap Ramp UNIT QUANTITY UNITS PRICE AMOUNT LS 2000 $2,000.00 LS 1000 $1 ,000.00 LS 800 $800.00 9662 SF 4.5 $43,479.00 7 EA 900 $6 ,300.00 GENERAL ITEMS $3,800.00 PAVEMENT ITEMS $49,779.00 TOTAL BASE BID $53,579.00 CITY OF COLLEGE STATION FINAL PLAT for North Point Crossing Being a Replat of North Park Block 2 Lots 3-10, North Park Section II Lot 5, Meadowland Addition Lots 1-19, 4.82-acre tract J.E. Scott League, 0.17-acre tract J.E. Scott League A- 50, and 0.54-acre tract being abandoned Meadowland Street Right-of-Way 13-00900021 SCALE: Two lots on approximately 10.293 acres LOCATION: 410-420 Texas Avenue, 1403-1405 University Drive, and 100-147 Meadowland Street, excluding 130-134 Meadowland Street. ZONING: POD Planned Development District APPLICANT: Mitchell & Morgan, LLP PROJECT MANAGER: Jason Schubert, AICP, Principal Planner jschubert@cstx.gov PROJECT OVERVIEW: The proposed Final Plat consolidates several lots, tracts of land, and abandoned right-of-way into two lots and dedicates public utility and public access easements for the redevelopment of the property in accordance with the POD zoning approved in 2012. RECOMMENDATION: Staff recommends approval of the Final Plat. Planning & Zoning Commission Page 1 of 3 February 21 , 201 3 Planning & Zoning Commission February 21 , 2013 t- '.'.5 0.. w a:: ~' w ;>! Wi a:: 1-1 z: w: :::! I Cl. I O • ...J w. Gji a Page 2 of 3 DEVELOPMENT HISTORY Annexation: Zoning: Prior Plats: Site development: COMMENTS Parkland Dedication: Greenways: Pedestrian Connectivity: Bicycle Connectivity: Impact Fees: REVIEW CRITERIA 1939 C-1 General Commercial, C-2 Commercial-Industrial, R-2 Duplex, and R-4 Multi-Family rezoned POD Planned Development District (2012) Meadowland Addition Lots 1-19, North Park Block 2 Lots 3-10, and North Park Section II Lot 5. Other parts of the plat are tracts of land or abandoned right-of-way. Multiple abandoned developments including the former Plaza Hotel, Kettle restaurant, gas station, several residential structures along the former Meadowland Street have been demolished fo r the redevelopment of this site. Parkland fees for multi-family units are due with building permit. The fees assessed on Lot 1 (Phase 1 of the site redevelopment) will be $225 per multi-family unit in recognition of the previous University Tower development. The current fees of $1 ,636 per multi-family unit will be assessed for Lot 2, minus a credit for 38 residential units that were demolished in the spring of 2012. An additional 12 units of credit is available on North Park Lots 2-4 along Hensel Street that is not within the boundary of this plat. No greenway dedication is required or proposed. Sidewalks required along University Drive and Texas Avenue. Sidewalks internal to the lots are required and will be provided along the public ways when the site is developed. No bicycle facilities are required with the plat. An 8-foot path will be provided along the part of the southwestern edge of the property with site development in accordance with the POD Concept Plan . This plat is not located in an existing impact fee area. Compliance with Subdivision Regulations: The proposed Final Plat complies with the Subdivision Regulations contained in the Unified Development Ordinance. STAFF RECOMMENDATIONS Staff recommends approval of the Final Plat. SUPPORTING MATERIALS 1. Application 2. Copy of Final Plat Planning & Zoning Commission February 21, 201 3 Page 3 of 3 VACATING PILA7! ·~.:r· ·~· rt~:::_ ______ r:;:-.-:-:------i 1 I :1: rl ,,(1 l I 11:1; ....., • q: 1•;: '11' i 1: :Ii ~~ 111 ,.nti ii ill ' ii ii ii ii ii ii ii :1 :1 !1 .. ii -------~:.-·~ ii ·=· I :1 I I 11 ii ···---~.,..,.,.. ......... t.... .. .. .i ................... I b 'I :..-·-, I ,p' I h I 111; ii •,p I ,• I ,p': 1'1'11 1 ii • ·'··· . _-o:' •, l ,o' I ,o' '_. J ~i! I I : !! ll ...... ·'· ........ ; ! ...... t'; : ' I I "" · '[:.~~-; ... ~~tf.G::r·;· .. J..." ...... f(-........... 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IOIMtN~tlol.toNOlllOUllllD• l'OTM.-ISt.llNll-11• OC1UOlfflJllOlttSlAltll,_ o :: :: :: :: . . w .• .;, "' '" PROPERTY !NEQRMADON· 1.~I AC"( TlfACT, lOOCCCO SIJ8DIVISION LOT 2 NOlltTH PAllK SlCTION I 0.111 ACRCS • LOT ' 0.111 ACltCS •LOT J 0.20 ACRES '" LOT l TOTAL 1.i7 ACRES ZONED: POO JOO SOIJTH l[)(AS AIJCNUE COLLEC£S1AT!ON.l[XAS77~5 OWNER /pEyELOPER· VASl.IOCwt.A ·LLC. J525SANO'!'lllAll.U.N[ Pl.AHO, TClCAS 7:M>2J HOt.4E2 SUITES BY HILTON CITY SITE PLAN ~ .,M!!!tQ df!iO!tp ,(11111).~0WONO._-___ _ _..,fCD:_--__ -~----- , .. IKICVWll1 • MUMU rmmr"'-°'" REVIEW #2 2013--01·28 -•M•llTllCllllTVO' ITCYIL~-.•.LllnN. ~:=(Ill Ct.1 Through Tax Year 2012 TAX CERTIFICATE Certificate # 26888 Issued By: KRISTEEN ROE, RTA, CTA PH# (979) 361-4470 BRAZOS COUNTY TAX ASSESSOR COLLECTOR 300 E. WM. J BRYAN PKWY BRYAN , TX 77803 Owner ID: 500142 100.00% WOODRIDGE COLLEGE STATION Ill LLC 1999 AVENUE OF THE STARS STE 2850 LOS ANGELES, CA 90067-4627 Property Information Property ID: 349091 Geo ID: 299500-0001 -0060 Legal Acres: 2.2970 Legal Desc: GORZYCKl'S MEADOWLAND, BLOCK 1, LOT 6-1 6 & PT OF STREET, ACRES 2.297 Situs: MEADOWLAND ST , OBA: Exemptions: For Entities BRAZOS COUNTY CITY OF COLL. STAT. COLLEGE STATION ISO Value Information Improvement HS: 0 0 0 Improvement NHS: Land HS: Land NHS: Productivity Market: Productivity Use: Assessed Value 1,650,950 0 0 1,650,950 Current/Delinquent Taxes This is to certify that, after a careful check of the tax records of this office, the following delinquent taxes, penalties, interes and any known costs and expenses as provided by Tax Code §33.48, are due on the described property for the following taxing unit(s): Year Entity 2012 COLLEGE STATION ISO 2012 BRAZOS COUNTY 2012 CITY OF COLL. STAT. Totals: Effective Date: 01/22/2013 Tax Certificate Issued for: CITY OF COLL. STAT. BRAZOS COUNTY COLLEGE STATION ISO Taxable 1,650,950 1,650,950 1,650,950 Taxes Paid in 2012 3,555.22 4,003.56 11,020.37 Tax Due 11,020.36 4,003.55 3,555.21 18,579.12 Disc./P&I 0.00 0.00 0.00 0.00 Attorney Fee 0.00 0.00 0.00 0.00 Total Due if paid by: 01 /31/2013 This certificate is issued oo real E1State only. U does not indude nl l Is and/or personal properfy Total Due 11,020.36 4,003.55 3,555.21 18,579.12 18,579.12 If applicable, the above-described property has/is receiving special appraisal based on its use, and additional rollback taxes may become due based on the provisions of the special appraisal (Comptroller Rule 9.3040) or property omitted from the appraisal roll as described under Tax Code Section 25.21 is not included in this certificate [Tax Code Section 31.0S(b)]. Pursuant to Tax Code Section 31 .08, if a person transfers property accompanied by a tax certificate that erroneously indicates that no delinquent taxes, penalties or interest are due a taxing unit on the property or that fails to include property because of its omission from an appraisal roll, the unit's tax lien on the property is extinguished and the purchaser of the property is absolved of liability to the unit for delinquent taxes, penalties or interest on the property or for taxes based on omitted property. The person who was liable for the tax for the ear the tax was im osed or the ro e was omitted remains ersonall liable for the tax and for an enalties or interest. A tax certificate issued through fraud or collusion is void. This certificate does not clear abuse of granted exemptions as defined in Section 11.43 Paragraph(1) of the Texas Property Tax Code. May Be Subject to Court Costs if Suit is Pending Date of Issue: Requested By: ~~L Fee Amount: Reference #: Signature of Authorized Officer of Collecting Office 01 /22/2013 MITCHELL & MORGAN LLP 10.00 Page: 1 OF 1 TrueAutom11tlon,lnc. Through Tax Year 2012 TAX CERTIFICATE Certificate # 26889 Issued By: KRISTEEN ROE, RTA, CTA PH# (979) 361-4470 BRAZOS COUNTY TAX ASSESSOR COLLECTOR 300 E. WM . J BRYAN PKWY BRYAN, TX 77803 Owner ID: 500140 100.00% WOODRIDGE COLLEGE STATION I LLC 1999 AVENUE OF THE STARS STE 2850 LOS ANGELES, CA 90067-4627 Property Information Property ID: 28240 Geo ID : 299500-0002-0010 Legal Acres: 4.6500 Legal Desc: GORZYCKl'S MEADOWLAND, BLOCK 2, LOT 1-4 & 6-9 Situs: & PT OF STREET, ACRES 4.65 & ASSOCIATED BPP 410 TEXAS AVES OBA: PLAZA HOTEL Exemptions: For Entities BRAZOS COUNTY CITY OF COLL. STAT. COLLEGE STATION ISO Z REFUND ENTITY Value Information Improvement HS: 0 10 0 5,013,210 0 0 5,013,220 Improvement NHS: Land HS: Land NHS: Productivity Market: Productivity Use: Assessed Value Current/Delinquent Taxes This is to certify that, after a careful check of the tax records of this office, the following delinquent taxes, penalties, interes and any known costs and expenses as provided by Tax Code §33.48, are due on the described property for the following taxing unit(s): Year Entity 2012 COLLEGE STATION ISO 2012 BRAZOS COUNTY 2012 CITY OF COLL. STAT. Totals: Effective Date: 01 /22/2013 Tax Certificate Issued for: CITY OF COLL. STAT. BRAZOS COUNTY COLLEGE STATION ISO Taxable 5,013,220 5,013,220 5,013,220 Taxes Paid in 2012 10,795.64 12,157.06 33,464.07 Tax Due 33,464.07 12,157.06 10,795.64 56,416.77 Disc./P&I 0.00 0.00 0.00 0.00 Attorney Fee 0.00 0.00 0.00 0.00 Total Due if paid by: 01/31/2013 Total Due 33,464.07 12, 157.06 10,795.64 56,416.77 56,416.77 If applicable, the above-described property has/is receiving special appraisal based on its use, and additional rollback taxes may become due based on the provisions of the special appraisal (Comptroller Rule 9.3040) or property omitted from the appraisal roll as described under Tax Code Section 25.21 is not included in this certificate [Tax Code Section 31.0B(b)]. Pursuant to Tax Code Section 31.08, if a person transfers property accompanied by a tax certificate that erroneously indicates that no delinquent taxes, penalties or interest are due a taxing unit on the property or that fails to include property because of its omission from an appraisal roll, the unit's tax lien on the property is extinguished and the purchaser of the property is absolved of liability to the unit for delinquent taxes, penalties or interest on the property or for taxes based on omitted property. The person who was liable for the tax for the ear the tax was im osed or the ro e was omitted remains ersonall liable for the tax and for an enalties or interest. A tax certificate issued through fraud or collusion is void. This certificate does not clear abuse of granted exemptions as defined in Section 11.43 Paragraph(1) of the Texas Property Tax Code. May Be Subject to Court Costs if Suit is Pending Date of Issue: Requested By: ~Bt& Fee Amount: Reference #: Signature of Authorized Officer of Collecting Office 01/22/2013 MITCHELL & MORGAN LLP 10.00 Page: 1OF1 Tru1Automation,lnc. Through Tax Year 2012 TAX CERTIFICATE Certificate # 26890 Issued By: KRISTEEN ROE, RTA, CTA PH# (979) 361-4470 BRAZOS COUNTY TAX ASSESSOR COLLECTOR 300 E. WM. J BRYAN PKWY BRYAN , TX 77803 Owner ID: 500141 100.00% WOODRIDGE COLLEGE STATION II LLC 1999 AVENUE OF THE STARS STE 2850 LOS ANGELES, CA 90067-4627 Property Information Property ID: 28223 Geo ID: 299500-0001-0010 Legal Acres: 0.0000 Legal Desc: GORZYCKl'S MEADOWLAND, BLOCK 1, LOT 1-2 & PTS OF 4-5 Situs: 1403 UNIVERSITY DR , OBA: KETTLE RESTAURANT (C/S-#86) Exemptions: For Entities BRAZOS COUNTY CITY OF COLL. STAT. COLLEGE STATION ISO Z REFUND ENTITY Value Information Improvement HS: 0 20 0 418,690 0 0 418,71 0 Improvement NHS: Land HS: Land NHS: Productivity Market: Productivity Use: Assessed Value Current/Delinquent Taxes This is to certify that, after a careful check of the tax records of this office, the following delinquent taxes, penalties, interes and any known costs and expenses as provided by Tax Code §33.48, are due on the described property for the following taxing unit(s): Year Entity 2012 COLLEGE STATION ISO 2012 BRAZOS COUNTY 2012 CITY OF COLL. STAT. Totals: Effective Date: 01/22/2013 Tax Certificate Issued for: CITY OF COLL. STAT. BRAZOS COUNTY COLLEGE STATION ISO Taxable 418,710 418,710 418,710 Taxes Paid in 2012 901 .67 1,015.38 2,794.96 Tax Due 2,794.95 1,015.37 901 .66 4,711.98 Disc./P&I 0.00 0.00 0.00 0.00 Attorney Fee 0.00 0.00 0.00 0.00 Total Due if paid by: 01/31/2013 .,..his certificate is issued .-. real . .;tale o ly. It does r ,,. ir dud· "' l ·al and/or persona ro,..er ; Total Due 2,794.95 1,015.37 901 .66 4,711.98 4,711 .98 If applicable, the above-described property has/is receiving special appraisal based on its use, and additional rollback taxes may become due based on the provisions of the special appraisal (Comptroller Rule 9.3040) or property omitted from the appraisal roll as described under Tax Code Section 25.21 is not included in this certificate [Tax Code Section 31.0S(b)]. Pursuant to Tax Code Section 31 .08, if a person transfers property accompanied by a tax certificate that erroneously indicates that no delinquent taxes, penalties or interest are due a taxing unit on the property or that fails to include property because of its omission from an appraisal roll, the unit's tax lien on the property is extinguished and the purchaser of the property is absolved of liability to the unit for delinquent taxes, penalties or interest on the property or for taxes based on omitted property. The person who was liable for the tax for the ear the tax was im osed or the ro e was omitted remains ersonall liable for the tax and for an enalties or interest. A tax certificate issued through fraud or collusion is void. This certificate does not clear abuse of granted exemptions as defined in Section 11.43 Paragraph(1) of the Texas Property Tax Code. May Be Subject to Court Costs if Suit is Pending Date of Issue: Requested By: Sigo~o~ Fee Amount: Reference #: 01122/2013 MITCHELL & MORGAN LLP 10.00 Page: 1 OF 1 True Automation, Inc. Through Tax Year 2012 TAX CERTIFICATE Certificate # 26891 Issued By: KRISTEEN ROE, RTA, CTA PH# (979) 361-4470 BRAZOS COUNTY TAX ASSESSOR COLLECTOR 300 E. WM. J BRYAN PKWY BRYAN , TX 77803 Owner ID: 500143 100.00% WOODRIDGE COLLEGE STATION IV LLC 1999 AVENUE OF THE STARS STE 2850 LOS ANGELES, CA 90067-4627 Property Information Property ID: 28224 Geo ID: 299500-0001-0030 Legal Acres: 0.0000 Legal Desc: GORZYCKl'S MEADOWLAND, BLOCK 1, LOT 3 (PT OF), & PT OF STREET Situs: 1405 UNIVERSITY DR OBA: INK DREAMS Exemptions: For Entities BRAZOS COUNTY Value Information CITY OF COLL. STAT. COLLEGE STATION ISD Z REFUND ENTITY Improvement HS: Improvement NHS: Land HS: Land NHS: Productivity Market: Productivity Use: Assessed Value 0 60,760 0 88,520 0 0 149,280 Current/Delinquent Taxes This is to certify that, after a careful check of the tax records of this office, the following delinquent taxes, penalties, interes and any known costs and expenses as provided by Tax Code §33.48, are due on the described property for the following taxing unit(s): · Year Entity Taxable 2012 COLLEGE STATION ISO 149,280 2012 BRAZOS COUNTY 149,280 2012 CITY OF COLL. STAT. 149,280 Totals: Effective Date: 01 /22/2013 Tax Certificate Issued for: CITY OF COLL. STAT. BRAZOS COUNTY COLLEGE STATION ISO Taxes Paid in 2012 321 .46 362.01 996.48 Tax Due 996.46 362.00 321.47 1,679.93 Disc./P&I 0.00 0.00 0.00 0.00 Attorney Fee 0.00 0.00 0.00 0.00 Total Due if paid by: 01/31/2013 e !iis c .rtificate is issued cm real ~;taie o .ly. bt does 1 ot mdude . r •i terals and/or personal prope Total Due 996.46 362.00 321.47 1,679.93 1,679.93 If applicable, the above-described property has/is receiving special appraisal based on its use, and additional rollback taxes may become due based on the provisions of the special appraisal (Comptroller Rule 9.3040) or property omitted from the appraisal roll as described under Tax Code Section 25.21 is not included in this certificate [Tax Code Section 31.0S(b)]. Pursuant to Tax Code Section 31.08, if a person transfers property accompanied by a tax certificate that erroneously indicates that no delinquent taxes, penalties or interest are due a taxing unit on the property or that fails to include property because of its omission from an appraisal roll, the unit's tax lien on the property is extinguished and the purchaser of the property is absolved of liability to the unit for delinquent taxes, penalties or interest on the property or for taxes based on omitted property. The person who was liable for the tax for the ear the tax was im osed or the ro e was omitted remains ersonall liable for the tax and for an enalties or interest. A tax certificate issued through fraud or collusion is void. This certificate does not clear abuse of granted exemptions as defined in Section 11 .43 Paragraph(1) of the Texas Property Tax Code. May Be Subject to Court Costs if Suit is Pending Date of Issue: Requested By: Fee Amount: Reference #: 01/22/2013 MITCHELL & MORGAN LLP 10.00 Page: 1 OF 1 True Auwm.tion, Inc. Through Tax Year 2012 TAX CERTIFICATE Certificate # 26892 Issued By: KRISTEEN ROE, RTA, CTA PH# (979) 361-4470 BRAZOS COUNTY TAX ASSESSOR COLLECTOR 300 E. 'M/1. J BRYAN PKWY BRYAN, TX 77803 Owner ID: 500141 100.00% WOODRIDGE COLLEGE STATION II LLC 1999 AVENUE OF THE STARS STE 2850 LOS ANGELES, CA 90067-4627 Property Information Property ID: 28225 Geo ID: 299500-0001-0040 Legal Acres: 0.0000 Legal Desc: GORZYCKl'S MEADOWLAND, BLOCK 1, LOT 4-5 (N 1/2 OF) & PT OF STREET Situs: 101 MEADOWLAND ST , OBA: Exemptions: For Entities BRAZOS COUNTY CITY OF COLL. STAT. COLLEGE STATION ISO Z REFUND ENTITY Value Information Improvement HS: 0 0 0 Improvement NHS: Land HS: Land NHS: Productivity Market: Productivity Use: Assessed Value 148,240 0 0 148,240 Current/Delinquent Taxes This is to certify that, after a careful check of the tax records of this office, the following delinquent taxes, penalties, interes and any known costs and expenses as provided by Tax Code §33.48, are due on the described property for the following taxing unit(s): Year Entity 2012 COLLEGE STATION ISO 2012 BRAZOS COUNTY 2012 CITY OF COLL. STAT. Totals: Effective Date: 01/22/2013 Tax Certificate Issued for: CITY OF COLL. STAT. BRAZOS COUNTY COLLEGE STATION ISO Taxable 148,240 148,240 148,240 Taxes Paid in 2012 319.22 359.49 989.54 Tax Due 989.52 359.48 319.23 1,668.23 Disc./P&I 0.00 0.00 0.00 0.00 Attorney Fee 0.00 0.00 0.00 0.00 Total Due if paid by: 01/31/2013 • !1is certificate is issued 0:-r:..a! .~~ ~e 0 I ~t d ~ • • • • ,i... n.y. s oc~ -u :.:;at.it: r · · als and/or personal propt .' Total Due 989.52 359.48 319.23 1,668.23 1,668.23 If applicable, the above-described property has/is receiving special appraisal based on its use, and additional rollback taxes may become due based on the provisions of the special appraisal (Comptroller Rule 9.3040) or property omitted from the appraisal roll as described under Tax Code Section 25.21 is not included in this certificate [Tax Code Section 31.0S(b)]. Pursuant to Tax Code Section 31.08, if a person transfers property accompanied by a tax certificate that erroneously indicates that no delinquent taxes, penalties or interest are due a taxing unit on the property or that fails to include property because of its omission from an appraisal roll, the unit's tax lien on the property is extinguished and the purchaser of the property is absolved of liability to the unit for delinquent taxes, penalties or interest on the property or for taxes based on omitted property. The person who was liable for the tax for the ear the tax was im osed or the ro e was omitted remains ersonall liable for the tax and for an enalties or interest. A tax certificate issued through fraud or collusion is void. This certificate does not clear abuse of granted exemptions as defined in Section 11.43 Paragraph(1) of the Texas Property Tax Code. May Be Subject to Court Costs if Suit is Pending Date of Issue: Requested By: Fee Amount: Reference #: ~~ Signature of Authorized Officer of Collecting Office 01/22/2013 MITCHELL & MORGAN LLP 10.00 Page: 1 OF 1 TrueAutomtlion, Inc. Through Tax Year 2012 TAX CERTIFICATE Certificate # 26893 Issued By: KRISTEEN ROE, RTA, CTA PH# (979) 361-4470 BRAZOS COUNTY TAX ASSESSOR COLLECTOR 300 E. WM . J BRYAN PKWY BRYAN, TX 77803 Owner ID: 500141 100.00% WOODRIDGE COLLEGE STATION II LLC 1999 AVENUE OF THE STARS STE 2850 LOS ANGELES, CA 90067-4627 Property Information Property ID: 28225 Geo ID: 299500-0001-0040 Legal Acres: 0.0000 Legal Desc: GORZYCKl'S MEADOWLAND, BLOCK 1, LOT 4-5 (N 1/2 OF) & PT OF STREET Situs: 101 MEADOWLAND ST , OBA: Exemotions: For Entities BRAZOS COUNTY CITY OF COLL. STAT. COLLEGE STATION ISO Z REFUND ENTITY Value Information Improvement HS: 0 0 0 Improvement NHS: Land HS: Land NHS: Productivity Market: Productivity Use: Assessed Value 148,240 0 0 148,240 Current/Delinquent Taxes This is to certify that, after a careful check of the tax records of this office, the following delinquent taxes, penalties, interes and any known costs and expenses as provided by Tax Code §33.48, are due on the described property for the following taxing unit(s): Year Entity 2012 COLLEGE STATION ISO 2012 BRAZOS COUNTY 2012 CITY OF COLL. STAT. Totals: Effective Date: 01 /22/2013 Tax Certificate Issued for: CITY OF COLL. STAT. BRAZOS COUNTY COLLEGE STATION ISO Taxable 148,240 148,240 148,240 Taxes Paid in 2012 319.22 359.49 989.54 Tax Due 989.52 359.48 319.23 1,668.23 Disc./P&I 0.00 0.00 0.00 0.00 Attorney Fee 0.00 0.00 0.00 0.00 Total Due if paid by: 01/31/2013 Total Due 989.52 359.48 319.23 1,668.23 1,668.23 If applicable, the above-described property has/is receiving special appraisal based on its use, and additional rollback taxes may become due based on the provisions of the special appraisal {Comptroller Rule 9.3040) or property omitted from the appraisal roll as described under Tax Code Section 25.21 is not included in this certificate [Tax Code Section 31 .0S{b)]. Pursuant to Tax Code Section 31 .08, if a person transfers property accompanied by a tax certificate that erroneously indicates that no delinquent taxes, penalties or interest are due a taxing unit on the property or that fails to include property because of its omission from an appraisal roll, the unit's tax lien on the property is extinguished and the purchaser of the property is absolved of liability to the unit for delinquent taxes, penalties or interest on the property or for taxes based on omitted property. The person who was liable for the tax for the ear the tax was im osed or the ro e was omitted remains ersonall liable for the tax and for an enalties or interest. A tax certificate issued through fraud or collusion is void. This certificate does not clear abuse of granted exemptions as defined in Section 11.43 Paragraph{1) of the Texas Property Tax Code. May Be Subject to Court Costs if Suit is Pending Date of Issue: Requested By: Fee Amount: Reference #: ~~ Signature of Authorized Officer of Collecting Office 01/22/2013 MITCHELL & MORGAN LLP 10.00 Page: 1 OF 1 True AutOfNlltion, lnc. Through Tax Year 2012 TAX CERTIFICATE Certificate # 26894 Issued By: KRISTEEN ROE, RTA, CTA PH# (979) 361-4470 BRAZOS COUNTY TAX ASSESSOR COLLECTOR 300 E. WM . J BRYAN PKWY BRYAN, TX 77803 Owner ID: 500141 100.00% WOODRIDGE COLLEGE STATION II LLC 1999 AVENUE OF THE STARS STE 2850 LOS ANGELES, CA 90067-4627 Property Information Property ID: 34564 Geo ID: 448000-0200-0050 Legal Acres: 0.0000 Legal Desc: NORTH PARK PH 2, LOT 5 & PT OF STREET Situs: 136 MEADOWLAND ST A-0 , OBA: NORTH PARK APTS(R34547-9;52-9;61-4) Exemptions: For Entities BRAZOS COUNTY Value Information Improvement HS: 0 10 0 115,010 0 0 11 5,020 CITY OF COLL. STAT. COLLEGE STATION ISD Z REFUND ENTITY Improvement NHS: Land HS: Land NHS: Productivity Market: Productivity Use: Assessed Value Current/Delinquent Taxes This is to certify that, after a careful check of the tax records of this office, the following delinquent taxes, penalties, interes and any known costs and expenses as provided by Tax Code §33.48, are due on the described property for the following taxing unit(s): Year Entity 2012 COLLEGE STATION ISO 2012 BRAZOS COUNTY 2012 CITY OF COLL. STAT. Totals: Effective Date: 01 /22/2013 Tax Certificate Issued for: CITY OF COLL. STAT. BRAZOS COUNTY COLLEGE STATION ISO Taxable 115,020 115,020 115,020 Taxes Paid in 2012 247.69 278.93 767.78 Tax Due 767.78 278.92 247.69 1,294.39 Disc./P&I 0.00 0.00 0.00 0.00 Attorney Fee 0.00 0.00 0.00 0.00 Total Due if paid by: 01/31/2013 Total Due 767.78 278.92 247.69 1,294.39 1,294.39 If applicable, the above-described property has/is receiving special appraisal based on its use, and additional rollback taxes may become due based on the provisions of the special appraisal (Comptroller Rule 9.3040) or property omitted from the appraisal roll as described under Tax Code Section 25.21 is not included in this certificate [Tax Code Section 31.0S(b)]. Pursuant to Tax Code Section 31.08, if a person transfers property accompanied by a tax certificate that erroneously indicates that no delinquent taxes, penalties or interest are due a taxing unit on the property or that fails to include property because of its omission from an appraisal roll, the unit's tax lien on the property is extinguished and the purchaser of the property is absolved of liability to the unit for delinquent taxes, penalties or interest on the property or for taxes based on omitted property. The person who was liable for the tax for the ear the tax was im osed or the ro e was omitted remains ersonall liable for the tax and for an enalties or interest. A tax certificate issued through fraud or collusion is void. This certificate does not clear abuse of granted exemptions as defined in Section 11.43 Paragraph(1) of the Texas Property Tax Code. May Be Subject to Court Costs if Suit is Pending Date of Issue: Requested By: Fee Amount: Reference #: Signature of Authorized Officer of Collecting Office 01/22/2013 MITCHELL & MORGAN LLP 10.00 Page: 1OF 1 True Automation, Inc. Through Tax Year 2012 TAX CERTIFICATE Certificate # 26895 Issued By: KRISTEEN ROE, RTA, CTA PH# (979) 361-4470 BRAZOS COUNTY TAX ASSESSOR COLLECTOR 300 E. WM . J BRYAN PKWY BRYAN, TX 77803 Owner ID: 500140 100.00% WOODRIDGE COLLEGE STATION I LLC 1999 AVENUE OF THE STARS STE 2850 LOS ANGELES, CA 90067-4627 Property Information Property ID: 28226 Geo ID: 299500-0001 -0050 Legal Acres: 0.0000 Legal Desc: GORZYCKl'S MEADOWLAND, BLOCK 1, LOT 3 & 5 (PTS OF) & PT OF STREET Situs: 101 MEADOWLAND ST , OBA: Exemotions: For Entities BRAZOS COUNTY CITY OF COLL. STAT. COLLEGE STATION ISD Z REFUND ENTITY Value Information Improvement HS: Improvement NHS: Land HS: Land NHS: Productivity Market: Productivity Use: Assessed Value 0 20 0 75,460 0 0 75,480 Current/Delinquent Taxes This is to certify that, after a careful check of the tax records of this office, the following delinquent taxes, penalties, interes and any known costs and expenses as provided by Tax Code §33.48, are due on the described property for the following taxing unit(s): Year Entity 2012 COLLEGE STATION ISO 2012 BRAZOS COUNTY 2012 CITY OF COLL. STAT. Totals: Effective Date: 01/22/2013 Tax Certificate Issued for: CITY OF COLL. STAT. BRAZOS COUNTY COLLEGE STATION ISO Taxable 75,480 75,480 75,480 Taxes Paid in 2012 162.55 183.04 503.84 Tax Due 503.84 183.04 162.54 849.42 Disc./P&I 0.00 0.00 0.00 0.00 Attorney Fee 0.00 0.00 0.00 0.00 Total Due if paid by : 01/31/2013 -:-~ is ce. ificate is issucJ ,,. · a, e:!;taie ~· !y. t <l i~1 • ~:; a id/ ""~rnoaa' pn:.·· ;:, Total Due 503.84 183.04 162.54 849.42 849.42 If applicable, the above-described property has/is receiving special appraisal based on its use, and additional rollback taxes may become due based on the provisions of the special appraisal (Comptroller Rule 9.3040) or property omitted from the appraisal roll as described under Tax Code Section 25.21 is not included in this certificate [Tax Code Section 31 .0B(b)]. Pursuant to Tax Code Section 31.08, if a person transfers property accompanied by a tax certificate that erroneously indicates that no delinquent taxes, penalties or interest are due a taxing unit on the property or that fails to include property because of its omission from an appraisal roll, the unit's tax lien on the property is extinguished and the purchaser of the property is absolved of liability to the unit for delinquent taxes, penalties or interest on the property or for taxes based on omitted property. The person who was liable for the tax for the ear the tax was im osed or the ro e was omitted remains ersonall liable for the tax and for an enalties or interest. A tax certificate issued through fraud or collusion is void. This certificate does not clear abuse of granted exemptions as defined in Section 11.43 Paragraph(1) of the Texas Property Tax Code. May Be Subject to Court Costs if Suit is Pending Date of Issue: Requested By: Fee Amount: Reference #: ~ Ynthht/ Signature of Authorized Officer of Collecting Office 01/22/2013 MITCHELL & MORGAN LLP 10.00 Page: 1 OF1 TrueA1Aom11tlon,lnc. Through Tax Year 2012 TAX CERTIFICATE Certificate # 26896 Issued By: KRISTEEN ROE, RTA, CTA PH# (979) 361-4470 BRAZOS COUNTY TAX ASSESSOR COLLECTOR 300 E. WM. J BRYAN PKWY BRYAN, TX 77803 Owner ID: 500141 100.00% WOODRIDGE COLLEGE STATION II LLC 1999 AVENUE OF THE STARS STE 2850 LOS ANGELES, CA 90067-4627 Property Information Property ID: 28237 Geo ID: 299500-0001-0170 Legal Acres: 0.0000 Legal Desc: GORZYCKl'S MEADOWLAND, BLOCK 1, LOT 17 & PT OF STREET Situs: 125 MEADOWLAND ST , OBA: Exemptions: For Entities BRAZOS COUNTY CITY OF COLL. STAT. COLLEGE STATION ISD Z REFUND ENTITY Value Information Improvement HS: Improvement NHS: Land HS: Land NHS: Productivity Market: Productivity Use: Assessed Value 10 0 149,330 0 0 0 149,340 Current/Delinquent Taxes This is to certify that, after a careful check of the tax records of this office, the following delinquent taxes, penalties, interes and any known costs and expenses as provided by Tax Code §33.48, are due on the described property for the following taxing unit(s): Year Entity 2012 COLLEGE STATION ISO 2012 BRAZOS COUNTY 2012 CITY OF COLL. STAT. Totals: Effective Date: 01 /22/2013 Tax Certificate Issued for: CITY OF COLL. STAT. BRAZOS COUNTY COLLEGE STATION ISO Taxable 149,340 149,340 149,340 Taxes Paid in 2012 321.60 362.15 996.87 Tax Due 996.87 362.15 321 .59 1,680.61 Disc./P&I 0.00 0.00 0.00 0.00 Attorney Fee 0.00 0.00 0.00 0.00 Total Due if paid by: 01/31/2013 Total Due 996.87 362.15 321.59 1,680.61 1,680.61 If applicable, the above-described property has/is receiving special appraisal based on its use, and additional rollback taxes may become due based on the provisions of the special appraisal (Comptroller Rule 9.3040) or property omitted from the appraisal roll as described under Tax Code Section 25.21 is not included in this certificate [Tax Code Section 31.0B(b)]. Pursuant to Tax Code Section 31.08, if a person transfers property accompanied by a tax certificate that erroneously indicates that no delinquent taxes, penalties or interest are due a taxing unit on the property or that fails to include property because of its omission from an appraisal roll, the unit's tax lien on the property is extinguished and the purchaser of the property is absolved of liability to the unit for delinquent taxes, penalties or interest on the property or for taxes based on omitted property. The person who was liable for the tax for the ear the tax was im osed or the ro e was omitted remains ersonall liable for the tax and for an enalties or interest. A tax certificate issued through fraud or collusion is void. This certificate does not clear abuse of granted exemptions as defined in Section 11.43 Paragraph(1) of the Texas Property Tax Code. May Be Subject to Court Costs if Suit is Pending Date of Issue: Requested By: ~Yn~ Fee Amount: Reference #: Signature of Authorized Officer of Collecting Office 01/22/2013 MITCHELL & MORGAN LLP 10.00 Page: 1OF1 TrueAutomlltlon,lnc. Through Tax Year 2012 TAX CERTIFICATE Certificate # 26897 Issued By: KRISTEEN ROE, RTA, CTA PH# (979) 361-4470 BRAZOS COUNTY TAX ASSESSOR COLLECTOR 300 E. WM . J BRYAN PKWY BRYAN, TX 77803 Owner ID: 500141 100.00% WOODRIDGE COLLEGE STATION II LLC 1999 AVENUE OF THE STARS STE 2850 LOS ANGELES, CA 90067-4627 Property Information Property ID: 28238 Geo ID: 299500-0001-0180 Legal Acres: 0.0000 Legal Desc: GORZYCKl'S MEADOWLAND, BLOCK 1, LOT 18 & PT OF STREET Situs: 127 MEADOWLAND ST , OBA: Exemptions: For Entities BRAZOS COUNTY CITY OF COLL. STAT. COLLEGE STATION ISO Z REFUND ENTITY Value Information Improvement HS: Improvement NHS: Land HS: Land NHS: Productivity Market: Productivity Use: Assessed Value 10 0 149,330 0 0 0 149,340 Current/Delinquent Taxes This is to certify that, after a careful check of the tax records of this office, the following delinquent taxes, penalties, interes and any known costs and expenses as provided by Tax Code §33.48, are due on the described property for the following taxing unit(s): Year Entity 2012 COLLEGE STATION ISO 2012 BRAZOS COUNTY 2012 CITY OF COLL. STAT. Totals: Effective Date: 01/22/2013 Tax Certificate Issued for: CITY OF COLL. STAT. BRAZOS COUNTY COLLEGE STATION ISO Taxable 149,340 149,340 149,340 Taxes Paid in 2012 321.60 362.15 996.87 Tax Due 996.87 362 .15 321 .59 1,680.61 Disc./P&I 0.00 0.00 0.00 0.00 Attorney Fee 0.00 0.00 0.00 0.00 Total Due if paid by: 01/31/2013 Total Due 996.87 362.15 321 .59 1,680.61 1,680.61 If applicable, the above-described property has/is receiving special appraisal based on its use, and additional rollback taxes may become due based on the provisions of the special appraisal (Comptroller Rule 9.3040) or property omitted from the appraisal roll as described under Tax Code Section 25.21 is not included in this certificate [Tax Code Section 31.0B(b)]. Pursuant to Tax Code Section 31 .08, if a person transfers property accompanied by a tax certificate that erroneously indicates that no delinquent taxes, penalties or interest are due a taxing unit on the property or that fails to include property because of its omission from an appraisal roll, the unit's tax lien on the property is extinguished and the purchaser of the property is absolved of liability to the unit for delinquent taxes, penalties or interest on the property or for taxes based on omitted property. The person who was liable for the tax for the ear the tax was im osed or the ro e was omitted remains ersonall liable for the tax and for an enalties or interest. A tax certificate issued through fraud or collusion is void. This certificate does not clear abuse of granted exemptions as defined in Section 11.43 Paragraph(1) of the Texas Property Tax Code. May Be Subject to Court Costs if Suit is Pending Date of Issue: Requested By: Fee Amount: Reference #: ~~ Signature of Authorized Officer of Collecting Office 01/22/2013 MITCHELL & MORGAN LLP 10.00 Page: 1OF1 True AUomatlon. Inc. Through Tax Year 2012 TAX CERTIFICATE Certificate # 26898 Issued By: KRISTEEN ROE, RTA, CTA PH# (979) 361-4470 BRAZOS COUNTY TAX ASSESSOR COLLECTOR 300 E. WM . J BRYAN PKWY BRYAN, TX 77803 Owner ID: 500141 100.00% WOODRIDGE COLLEGE STATION II LLC 1999 AVENUE OF THE STARS STE 2850 LOS ANGELES, CA 90067-4627 Property Information Property ID: 28239 Geo ID: 299500-0001-0190 Legal Acres: 0.0000 Legal Desc: GORZYCKl'S MEADOWLAND, BLOCK 1, LOT 19 & PT OF STREET Situs: 131 MEADOWLAND ST , OBA: Exemptions: For Entities BRAZOS COUNTY CITY OF COLL. STAT. COLLEGE STATION ISO Z REFUND ENTITY Value Information Improvement HS: 0 0 0 Improvement NHS: Land HS: Land NHS: Productivity Market: Productivity Use: Assessed Value 149,330 0 0 149,330 Current/Delinquent Taxes This is to certify that, after a careful check of the tax records of this office, the following delinquent taxes, penalties, interes and any known costs and expenses as provided by Tax Code §33.48, are due on the described property for the following taxing unit(s): Year Entity 2012 COLLEGE STATION ISO 2012 BRAZOS COUNTY 2012 CITY OF COLL. STAT. Totals: Effective Date: 01 /22/2013 Tax Certificate Issued for: CITY OF COLL. STAT. BRAZOS COUNTY COLLEGE STATION ISO Taxable 149,330 149,330 149,330 Taxes Paid in 2012 321.57 362.13 996.80 Tax Due 996.80 362.12 321 .57 1,680.49 Disc./P&I 0.00 0.00 0.00 0.00 Attorney Fee 0.00 0.00 0.00 0.00 Total Due if paid by: 01/31/2013 Total Due 996.80 362.12 32 1.57 1,680.49 1,680.49 If applicable, the above-described property has/is receiving special appraisal based on its use, and additional rollback taxes may become due based on the provisions of the special appraisal (Comptroller Rule 9.3040) or property omitted from the appraisal roll as described under Tax Code Section 25.21 is not included in this certificate [Tax Code Section 31 .0S(b)]. Pursuant to Tax Code Section 31.08, if a person transfers property accompanied by a tax certificate that erroneously indicates that no delinquent taxes, penalties or interest are due a taxing unit on the property or that fails to include property because of its omission from an appraisal roll, the unit's tax lien on the property is extinguished and the purchaser of the property is absolved of liability to the unit for delinquent taxes, penalties or interest on the property or for taxes based on omitted property. The person who was liable for the tax for the ear the tax was im osed or the ro e was omitted remains ersonall liable for the tax and for an enalties or interest. A tax certificate issued through fraud or collusion is void. This certificate does not clear abuse of granted exemptions as defined in Section 11 .43 Paragraph(1) of the Texas Property Tax Code. May Be Subject to Court Costs if Suit is Pending Date of Issue: Requested By: Fee Amount: Reference #: ~/P+U ~LI Signature of Authorized Officer of Collecting Office 01/22/2013 MITCHELL & MORGAN LLP 10.00 Page: 1 OF 1 True AIAomltion, Inc:. Through Tax Year 2012 TAX CERTIFICATE Certificate # 26899 Issued By: KRISTEEN ROE, RTA, CTA PH# (979) 361-4470 BRAZOS COUNTY TAX ASSESSOR COLLECTOR 300 E. WM. J BRYAN PKWY BRYAN , TX 77803 Owner ID: 500141 100.00% WOODRIDGE COLLEGE STATION II LLC 1999 AVENUE OF THE STARS STE 2850 LOS ANGELES, CA 90067-4627 Property Information Property ID: 34559 Geo ID: 448000-0002-0100 Legal Acres: 0.0000 Legal Desc: NORTH PARK, BLOCK 2, LOT 10 & PT OF STREET Situs: 133 MEADOWLAND ST A-D , OBA: NORTH PARK APTS(R34547-9;52-9;61 -4) Exemptions: For Entities BRAZOS COUNTY CITY OF COLL. STAT. COLLEGE STATION ISO Z REFUND ENTITY Value Information Improvement HS: 0 10 0 143,750 0 0 143,760 Improvement NHS: Land HS: Land NHS: Prod uctivity Market: Productivity Use: Assessed Value Current/Delinquent Taxes This is to certify that, after a careful check of the tax records of this office, the following delinquent taxes, penalties, interes and any known costs and expenses as provided by Tax Code §33.48, are due on the described property for the following taxing unit(s): Year Entity 2012 COLLEGE STATION ISO 2012 BRAZOS COUNTY 2012 CITY OF COLL. STAT. Totals: Effective Date: 01/22/2013 Tax Certificate Issued for: CITY OF COLL. STAT. BRAZOS COUNTY COLLEGE STATION ISO Taxable 143,760 143,760 143,760 Taxes Paid in 2012 309.58 348.62 959.62 Tax Due 959.62 348.62 309.57 1,617.81 Disc./P&I 0.00 0.00 0.00 0.00 Attorney Fee 0.00 0.00 0.00 0.00 Total Due if paid by: 01/31/2013 Total Due 959.62 348.62 309.57 1,617.81 1,617.81 If applicable, the above-described property has/is receiving special appraisal based on its use, and additional rollback taxes may become due based on the provisions of the special appraisal (Comptroller Rule 9.3040) or property omitted from the appraisal roll as described under Tax Code Section 25.21 is not included in this certificate [Tax Code Section 31.0S(b)]. Pursuant to Tax Code Section 31.08, if a person transfers property accompanied by a tax certificate that erroneously indicates that no delinquent taxes, penalties or interest are due a taxing unit on the property or that fails to include property because of its omission from an appraisal roll, the unit's tax lien on the property is extinguished and the purchaser of the property is absolved of liability to the unit for delinquent taxes, penalties or interest on the property or for taxes based on omitted property. The person who was liable for the tax for the ear the tax was im osed or the ro e was omitted remains ersonall liable for the tax and for an enalties or interest. A tax certificate issued through fraud or collusion is void. This certificate does not clear abuse of granted exemptions as defined in Section 11 .43 Paragraph(1) of the Texas Property Tax Code. May Be Subject to Court Costs if Suit is Pending Date of Issue: Requested By: Fee Amount: Reference #: 01/22/2013 MITCHELL & MORGAN LLP 10.00 Page: 1OF 1 True Automation, Inc. Through Tax Year 2012 TAX CERTIFICATE Certificate # 26900 Issued By: KRISTEEN ROE, RTA, CTA PH# (979) 361-4470 BRAZOS COUNTY TAX ASSESSOR COLLECTOR 300 E. WM. J BRYAN PKWY BRYAN , TX 77803 Owner ID: 500141 100.00% WOODRIDGE COLLEGE STATION II LLC 1999 AVENUE OF THE STARS STE 2850 LOS ANGELES, CA 90067-4627 Property Information Property ID: 34558 Geo ID: 448000-0002-0090 Legal Acres: 0.0000 Legal Desc: Situs: NORTH PARK, BLOCK 2, LOT 9 & PT OF STREET 135 MEADOWLAND ST A-D , OBA: NORTH PARK APTS(R34547-9;52-9;61-4) Exemptions: For Entities BRAZOS COUNTY CITY OF COLL. STAT. COLLEGE STATION ISO Z REFUND ENTITY Value Information Improvement HS: 0 10 0 201,250 0 0 201 ,260 Improvement NHS: Land HS: Land NHS: Productivity Market: Productivity Use: Assessed Value Current/Delinquent Taxes This is to certify that, after a careful check of the tax records of this office, the following delinquent taxes, penalties, interes and any known costs and expenses as provided by Tax Code §33.48, are due on the described property for the following taxing unit(s): Year Entity 2012 COLLEGE STATION ISO 2012 BRAZOS COUNTY 2012 CITY OF COLL. STAT. Totals: Effective Date: 01 /22/2013 Tax Certificate Issued for: CITY OF COLL. STAT. BRAZOS COUNTY COLLEGE STATION ISO Taxable 201 ,260 201,260 201 ,260 Taxes Paid in 2012 433.40 488.06 1,343.45 Tax Due 1,343.43 488.05 433.41 2,264.89 Disc./P&I 0.00 0.00 0.00 0.00 Attorney Fee 0.00 0.00 0.00 0.00 Total Due if paid by: 01/31/2013 Total Due 1,343.43 48805 433.41 2,264.89 2,264.89 If applicable, the above-described property has/is receiving special appraisal based on its use, and additional rollback taxes may become due based on the provisions of the special appraisal (Comptroller Rule 9.3040) or property omitted from the appraisal roll as described under Tax Code Section 25.21 is not included in this certificate [Tax Code Section 31.0S(b)]. Pursuant to Tax Code Section 31.08, if a person transfers property accompanied by a tax certificate that erroneously indicates that no delinquent taxes, penalties or interest are due a taxing unit on the property or that fails to include property because of its omission from an appraisal roll, the unit's tax lien on the property is extinguished and the purchaser of the property is absolved of liability to the unit for delinquent taxes, penalties or interest on the property or for taxes based on omitted property. The person who was liable for the tax for the ear the tax was im osed or the ro e was omitted remains ersonall liable for the tax and for an enalties or interest. A tax certificate issued through fraud or collusion is void. This certificate does not clear abuse of granted exemptions as defined in Section 11.43 Paragraph(1) of the Texas Property Tax Code. May Be Subject to Court Costs if Suit is Pending Date of Issue: Requested By: Fee Amount: Reference #: ~ YnHML) Signature of Authorized Officer of Collecting Office 01/22/2013 MITCHELL & MORGAN LLP 10.00 Page: 1OF1 True Automation. Inc. Through Tax Year 2012 TAX CERTIFICATE Certificate # 26901 Issued By: KRISTEEN ROE, RTA, CTA PH# (979) 361-4470 BRAZOS COUNTY TAX ASSESSOR COLLECTOR 300 E. WM. J BRYAN PKWY BRYAN, TX 77803 Owner ID: 500141 100.00% WOODRIDGE COLLEGE STATION II LLC 1999 AVENUE OF THE STARS STE 2850 LOS ANGELES, CA 90067-4627 Property Information Property ID: 34556 Geo ID: 448000-0002-0070 Legal Acres: 0.0000 Legal Desc: NORTH PARK, BLOCK 2, LOT 7 & PT OF STREET Situs: 137 MEADOWLAND ST A-0 , OBA: NORTH PARK APTS(R34547-9;52-9;61 -4) Exemptions: For Entities BRAZOS COUNTY CITY OF COLL. STAT. COLLEGE STATION ISO Z REFUND ENTITY Value Information Improvement HS: 0 10 0 115,010 0 0 115,020 Improvement NHS: Land HS: Land NHS: Productivity Market: Productivity Use: Assessed Value Current/Delinquent Taxes This is to certify that, after a careful check of the tax records of this office, the following delinquent taxes, penalties, interes and any known costs and expenses as provided by Tax Code §33.48, are due on the described property for the following taxing unit(s): Year Entity 2012 COLLEGE STATION ISO 2012 BRAZOS COUNTY 2012 CITY OF COLL. STAT. Totals: Effective Date: 01/22/2013 Tax Certificate Issued for: CITY OF COLL. STAT. BRAZOS COUNTY COLLEGE STATION ISO Taxable 115,020 115,020 115,020 Taxes Paid in 2012 247.69 278.93 767.78 Tax Due 767.78 278.92 247.69 1,294.39 Disc./P&I 0.00 0.00 0.00 0.00 Attorney Fee 0.00 0.00 0.00 0.00 Total Due if paid by: 01/31/2013 Total Due 767.78 278.92 247.69 1,294.39 1,294.39 If applicable, the above-described property has/is receiving special appraisal based on its use, and additional rollback taxes may become due based on the provisions of the special appraisal (Comptroller Rule 9.3040) or property omitted from the appraisal roll as described under Tax Code Section 25.21 is not included in this certificate [Tax Code Section 31.0S(b)]. Pursuant to Tax Code Section 31.08, if a person transfers property accompanied by a tax certificate that erroneously indicates that no delinquent taxes, penalties or interest are due a taxing unit on the property or that fails to include property because of its omission from an appraisal roll, the unit's tax lien on the property is extinguished and the purchaser of the property is absolved of liability to the unit for delinquent taxes, penalties or interest on the property or for taxes based on omitted property. The person who was liable for the tax for the ear the tax was im osed or the ro e was omitted remains ersonall liable for the tax and for an enalties or interest. A tax certificate issued through fraud or collusion is void. This certificate does not clear abuse of granted exemptions as defined in Section 11.43 Paragraph(1) of the Texas Property Tax Code. May Be Subject to Court Costs if Suit is Pending Date of Issue: Requested By: Fee Amount: Reference #: ~tn~ Signature of Authorized Officer of Collecting Office 01/22/2013 MITCHELL & MORGAN LLP 10.00 Page: 1OF1 True Automation. Inc. Through Tax Year 2012 TAX CERTIFICATE Certificate # 26902 Issued By: KRISTEEN ROE, RTA, CTA PH# (979) 361-4470 BRAZOS COUNTY TAX ASSESSOR COLLECTOR 300 E. WM. J BRYAN PKVVY BRYAN , TX 77803 Owner ID: 500141 100.00% WOODRIDGE COLLEGE STATION II LLC 1999 AVENUE OF THE STARS STE 2850 LOS ANGELES, CA 90067-4627 Property Information Property ID: 34557 Geo ID: 448000-0002-0080 Legal Acres: 0.0000 Legal Desc: NORTH PARK, BLOCK 2, LOT 8 Situs: 139 MEADOWLAND ST A-D , OBA: NORTH PARK APTS(R34547-9;52-9;61-4) Exemptions: For Entities BRAZOS COUNTY Value Information Improvement HS: 0 10 0 128, 170 0 0 128, 180 CITY OF COLL STAT. COLLEGE STATION ISO Z REFUND ENTITY Improvement NHS: Land HS: Land NHS: Productivity Market: Productivity Use: Assessed Value Current/Delinquent Taxes This is to certify that, after a careful check of the tax records of this office, the following delinquent taxes, penalties, interes and any known costs and expenses as provided by Tax Code §33.48, are due on the described property for the following taxing unit(s): Year Entity 2012 COLLEGE STATION ISD 2012 BRAZOS COUNTY 2012 CITY OF COLL. STAT. Totals: Effective Date: 01 /22/2013 Tax Certificate Issued for: CITY OF COLL. STAT. BRAZOS COUNTY COLLEGE STATION ISD Taxable 128, 180 128,180 128,180 Taxes Paid in 2012 276.02 310.84 855.63 Tax Due 855.61 310.83 276.03 1,442.47 Disc./P&I 0.00 0.00 0.00 0.00 Attorney Fee 0.00 0.00 0.00 0.00 Total Due if paid by: 01/31/2013 Total Due 855.61 310.83 276.03 1,442.47 1,442.47 If applicable, the above-described property has/is receiving special appraisal based on its use, and additional rollback taxes may become due based on the provisions of the special appraisal (Comptroller Rule 9.3040) or property omitted from the appraisal roll as described under Tax Code Section 25.21 is not included in this certificate [Tax Code Section 31 .0S(b)). Pursuant to Tax Code Section 31 .08, if a person transfers property accompanied by a tax certificate that erroneously indicates that no delinquent taxes, penalties or interest are due a taxing unit on the property or that fails to include property because of its omission from an appraisal roll, the unit's tax lien on the property is extinguished and the purchaser of the property is absolved of liability to the unit for delinquent taxes, penalties or interest on the property or for taxes based on omitted property. The person who was liable for the tax for the ear the tax was im osed or the ro e was omitted remains ersonall liable for the tax and for an enalties or interest. A tax certificate issued through fraud or collusion is void. This certificate does not clear abuse of granted exemptions as defined in Section 11.43 Paragraph(1) of the Texas Property Tax Code. May Be Subject to Court Costs if Suit is Pending Date of Issue: Requested By: Fee Amount: Reference #: -~--=--=--<-----=---o...-_,.. ~722~~~.I _; Signature of Authorized Officer of Collecting Office 01/22/2013 MITCHELL & MORGAN LLP 10.00 Page: 1OF1 TN9 Automation, Inc. Through Tax Year 2012 TAX CERTIFICATE Certificate # 26903 Issued By: KRISTEEN ROE, RTA, CTA PH# (979) 361-4470 BRAZOS COUNTY TAX ASSESSOR COLLECTOR 300 E. WM . J BRYAN PKWY BRYAN , TX 77803 Owner ID: 500141 100.00% WOODRIDGE COLLEGE STATION II LLC 1999 AVENUE OF THE STARS STE 2850 LOS ANGELES, CA 90067-4627 Property Information Property ID: 34554 Geo ID: 448000-0002-0050 Legal Acres: 0 .0000 Legal Desc: NORTH PARK, BLOCK 2, LOT 5 Situs: 141 MEADOWLAND ST A-D, OBA: NORTH PARK APTS(R34547-9;52-9;61-4) Exemotions: For Entities BRAZOS COUNTY CITY OF COLL. STAT. COLLEGE STATION ISO Z REFUND ENTITY Value Information Improvement HS: Improvement NHS: Land HS: Land NHS: Productivity Market: Productivity Use: Assessed Value 0 10 0 95,620 0 0 95,630 Current/Delinquent Taxes This is to certify that, after a careful check of the tax records of this office, the following delinquent taxes, penalties, interes and any known costs and expenses as provided by Tax Code §33.48, are due on the described property for the following taxing unit(s): Year Entity 2012 COLLEGE STATION ISO 2012 BRAZOS COUNTY 2012 CITY OF COLL. STAT. Totals: Effective Date: 01/22/2013 Tax Certificate Issued for: CITY OF COLL. STAT. BRAZOS COUNTY COLLEGE STATION ISO Taxable 95,630 95,630 95,630 Taxes Paid in 2012 205.94 231 .91 638.35 Tax Due 638.34 231 .90 205 .93 1,076.17 Disc./P&I 0.00 0.00 0.00 0.00 Attorney Fee 0.00 0.00 0.00 0.00 Total Due if paid by: 01/31/2013 Total Due 638.34 231 .90 205.93 1,076.17 1,076.17 If applicable, the above-described property has/is receiving special appraisal based on its use, and additional rollback taxes may become due based on the provisions of the special appraisal (Comptroller Rule 9.3040) or property omitted from the appraisal roll as described under Tax Code Section 25.21 is not included in this certificate [Tax Code Section 31.0S(b)]. Pursuant to Tax Code Section 31 .08, if a person transfers property accompanied by a tax certificate that erroneously indicates that no delinquent taxes, penalties or interest are due a taxing unit on the property or that fails to include property because of its omission from an appraisal roll, the unit's tax lien on the property is extinguished and the purchaser of the property is absolved of liability to the unit for delinquent taxes, penalties or interest on the property or for taxes based on omitted property. The person who was liable for the tax for the ear the tax was im osed or the ro e was omitted remains ersonall liable for the tax and for an enalties or interest. A tax certificate issued through fraud or collusion is void. This certificate does not clear abuse of granted exemptions as defined in Section 11 .43 Paragraph(1) of the Texas Property Tax Code. May Be Subject to Court Costs if Suit is Pending Date of Issue: Requested By: Fee Amount: Reference #: ~, ~ ) {)ffu_J SignatureOfAUttlOriZ~ CollecfulQO ce 01/22/2013 MITCHELL & MORGAN LLP 10.00 Page: 1 OF 1 True Automation, Inc. Through Tax Year 2012 TAX CERTIFICATE Certificate # 26904 Issued By: KRISTEEN ROE, RTA, CTA PH# (979) 361 -4470 BRAZOS COUNTY TAX ASSESSOR COLLECTOR 300 E. WM. J BRYAN PKWY BRYAN, TX 77803 Owner ID: 500141 100.00% WOODRIDGE COLLEGE STATION II LLC 1999 AVENUE OF THE STARS STE 2850 LOS ANGELES, CA 90067-4627 Property ID: Legal Acres: Legal Desc: Situs: OBA: Exemptions: Property Information 34555 Geo ID: 448000-0002-0060 0.0000 NORTH PARK, BLOCK 2, LOT 6 143 MEADOWLAND ST A-0, NORTH PARK APTS(R34547-9;52-9;61-4) For Entities BRAZOS COUNTY Value Information Improvement HS: 0 10 0 128,190 0 0 128,200 CITY OF COLL. STAT. COLLEGE STATION ISO Z REFUND ENTITY Improvement NHS: Land HS: Land NHS: Productivity Market: Productivity Use: Assessed Value Current/Delinquent Taxes This is to certify that, after a careful check of the tax records of this office, the following delinquent taxes, penalties, interes and any known costs and expenses as provided by Tax Code §33.48, are due on the described property for the following taxing unit(s): Year Entity 2012 COLLEGE STATION ISO 2012 BRAZOS COUNTY 2012 CITY OF COLL. STAT. Totals: Effective Date: 01 /22/2013 Tax Certificate Issued for: CITY OF COLL. STAT. BRAZOS COUNTY COLLEGE STATION ISO Taxable 128,200 128,200 128,200 Taxes Paid in 2012 276.07 310.89 855.76 Tax Due 855.75 310.88 276.07 1,442.70 Disc./P&I 0.00 0.00 0.00 0.00 Attorney Fee 0.00 0.00 0.00 0.00 Total Due if paid by: 01/31/2013 Total Due 855.75 310.88 276.07 1,442.70 1,442.70 If applicable, the above-described property has/is receiving special appraisal based on its use, and additional rollback taxes may become due based on the provisions of the special appraisal (Comptroller Rule 9.3040) or property omitted from the appraisal roll as described under Tax Code Section 25.21 is not included in this certificate [Tax Code Section 31 .0S(b)]. Pursuant to Tax Code Section 31.08, if a person transfers property accompanied by a tax certificate that erroneously indicates that no delinquent taxes, penalties or interest are due a taxing unit on the property or that fails to include property because of its omission from an appraisal roll, the unit's tax lien on the property is extinguished and the purchaser of the property is absolved of liability to the unit for delinquent taxes, penalties or interest on the property or for taxes based on omitted property. The person who was liable for the tax for the ear the tax was im osed or the ro e was omitted remains ersonall liable for the tax and for an enalties or interest. A tax certificate issued through fraud or collusion is void. This certificate does not clear abuse of granted exemptions as defined in Section 11.43 Paragraph(1) of the Texas Property Tax Code. May Be Subject to Court Costs if Suit is Pending Date of Issue: Requested By: Fee Amount: Reference #: ~m~ Signature of Authorized Officer of Colle&ill90ffice 01/2212013 MITCHELL & MORGAN LLP 10.00 Page: 1 OF 1 True Automalion, Inc. Through Tax Year 2012 TAX CERTIFICATE Certificate # 26905 Issued By: KRISTEEN ROE, RTA, CTA PH# (979) 361 -4470 BRAZOS COUNTY TAX ASSESSOR COLLECTOR 300 E. WM . J BRYAN PKV\IY BRYAN, TX 77803 Owner ID: 500141 100.00% WOODRIDGE COLLEGE STATION II LLC 1999 AVENUE OF THE STARS STE 2850 LOS ANGELES, CA 90067-4627 Property Information Property ID: 34552 Geo ID: 448000-0002-0030 Legal Acres: 0.0000 Legal Desc: Situs: NORTH PARK, BLOCK 2, LOT 3 145 MEADOWLAND ST A-0 , OBA: NORTH PARK APTS(R34547-9;52-9;61-4) Exemptions: For Entities BRAZOS COUNTY CITY OF COLL. STAT. COLLEGE STATION ISO Z REFUND ENTITY Value Information Improvement HS: Improvement NHS: Land HS: Land NHS: Productivity Market: Productivity Use: Assessed Value 0 10 0 95,620 0 0 95,630 Current/Delinquent Taxes This is to certify that, after a careful check of the tax records of this office, the following delinquent taxes, penalties, interes and any known costs and expenses as provided by Tax Code §33.48, are due on the described property for the following taxing unit(s): Year Entity 2012 COLLEGE STATION ISO 2012 BRAZOS COUNTY 2012 CITY OF COLL. STAT. Totals: Effective Date: 01 /22/2013 Tax Certificate Issued for: CITY OF COLL. STAT. BRAZOS COUNTY COLLEGE STATION ISO Taxable 95,630 95,630 95,630 Taxes Paid in 2012 205.94 231 .91 638 .35 Tax Due 638.34 231 .90 205.93 1,076.17 Disc./P&I 0.00 0.00 0.00 0.00 Attorney Fee 0.00 0.00 0.00 0.00 Total Due if paid by: 01/31/2013 Total Due 638.34 231.90 205.93 1,076.17 1,076.17 If applicable, the above-described property has/is receiving special appraisal based on its use, and additional rollback taxes may become due based on the provisions of the special appraisal (Comptroller Rule 9.3040) or property omitted from the appraisal roll as described under Tax Code Section 25.21 is not included in this certificate [Tax Code Section 31.0S(b)]. Pursuant to Tax Code Section 31.08, if a person transfers property accompanied by a tax certificate that erroneously indicates that no delinquent taxes, penalties or interest are due a taxing unit on the property or that fails to include property because of its omission from an appraisal roll, the unit's tax lien on the property is extinguished and the purchaser of the property is absolved of liability to the unit for delinquent taxes, penalties or interest on the property or for taxes based on omitted property. The person who was liable for the tax for the ear the tax was im osed or the ro e was omitted remains ersonall liable for the tax and for an enalties or interest. A tax certificate issued through fraud or collusion is void. This certificate does not clear abuse of granted exemptions as defined in Section 11.43 Paragraph(1) of the Texas Property Tax Code. May Be Subject to Court Costs if Suit is Pending Date of Issue: Requested By: Fee Amount: Reference #: ~tn~ Signature of Authorized Officer of Collecting Office 01/22/2013 MITCHELL & MORGAN LLP 10.00 Page: 1 OF 1 True Automation, Inc. Through Tax Year 2012 TAX CERTIFICATE Certificate # 26906 Issued By: KRISTEEN ROE, RTA, CTA PH# (979) 361-4470 BRAZOS COUNTY TAX ASSESSOR COLLECTOR 300 E. WM . J BRYAN PKWY BRYAN, TX 77803 Owner ID: 500141 100.00% WOODRIDGE COLLEGE STATION II LLC 1999 AVENUE OF THE STARS STE 2850 LOS ANGELES, CA 90067-4627 Property ID: Legal Acres: Legal Desc: Situs: OBA: Exemptions: Property Information 34553 Geo ID: 448000-0002-0040 0.0000 NORTH PARK, BLOCK 2, LOT 4 147 MEADOWLAND ST , NORTH PARK APTS(R34547-9;52-9;61-4) For Entities BRAZOS COUNTY Value Information Improvement HS: 0 10 0 128,170 0 0 128,180 CITY OF COLL. STAT. COLLEGE STATION ISD Z REFUND ENTITY Improvement NHS: Land HS: Land NHS: Productivity Market: Productivity Use: Assessed Value Current/Delinquent Taxes This is to certify that, after a careful check of the tax records of this office, the following delinquent taxes, penalties, interes and any known costs and expenses as provided by Tax Code §33.48, are due on the described property for the following taxing unit(s): Year Entity 2012 COLLEGE STATION ISO 2012 BRAZOS COUNTY 2012 CITY OF COLL. STAT. Totals: Effective Date: 01 /22/2013 Tax Certificate Issued for: CITY OF COLL. STAT. BRAZOS COUNTY COLLEGE STATION ISO Taxable 128,180 128, 180 128,180 Taxes Paid in 2012 276.02 310.84 855.63 Tax Due 855.61 310.83 276.03 1,442.47 Disc.IP&! 0.00 0.00 0.00 0.00 Attorney Fee 0.00 0.00 0.00 0.00 Total Due if paid by: 01 /31 /2013 Total Due 855.61 310.83 276.03 1,442.47 1,442.47 If applicable, the above-described property has/is receiving special appraisal based on its use, and additional rollback taxes may become due based on the provisions of the special appraisal (Comptroller Rule 9.3040) or property omitted from the appraisal roll as described under Tax Code Section 25.21 is not included in this certificate [Tax Code Section 31.08(b)]. Pursuant to Tax Code Section 31.08, if a person transfers property accompanied by a tax certificate that erroneously indicates that no delinquent taxes, penalties or interest are due a taxing unit on the property or that fails to include property because of its omission from an appraisal roll, the unit's tax lien on the property is extinguished and the purchaser of the property is absolved of liability to the unit for delinquent taxes, penalties or interest on the property or for taxes based on omitted property. The person who was liable for the tax for the ear the tax was im osed or the ro e was omitted remains ersonall liable for the tax and for an enalties or interest. A tax certificate issued through fraud or collusion is void. This certificate does not clear abuse of granted exemptions as defined in Section 11.43 Paragraph(1) of the Texas Property Tax Code. May Be Subject to Court Costs if Suit is Pending Date of Issue: Requested By: Fee Amount: Reference #: Signature of Authorized Officer of Collecting Office 01/22/2013 MITCHELL & MORGAN LLP 10.00 Page: 1OF1 True AIJCom.ltion, Inc. Through Tax Year 2012 TAX CERTIFICATE Certificate # 26907 Issued By: KRISTEEN ROE, RTA, CTA PH# (979) 361-4470 BRAZOS COUNTY TAX ASSESSOR COLLECTOR 300 E. WM. J BRYAN PKWY BRYAN, TX 77803 Owner ID: 500143 100.00% WOODRIDGE COLLEGE STATION IV LLC 1999 AVENUE OF THE STARS STE 2850 LOS ANGELES, CA 90067-4627 Property ID: Legal Acres: Legal Desc: Situs: OBA: Exemotions: Property Information 28242 Geo ID: 299500-0002-0050 0.0000 GORZYCKl'S MEADOWLAND, BLOCK 2, LOT 5 420 TEXAS A VE S , For Entities BRAZOS COUNTY Value Information Improvement HS: 0 0 0 CITY OF COLL. STAT. COLLEGE STATION ISO Z REFUND ENTITY Improvement NHS: Land HS: Land NHS: Productivity Market: Productivity Use: Assessed Value 244,370 0 0 244,370 Current/Delinquent Taxes This is to certify that, after a careful check of the tax records of this office, the following delinquent taxes, penalties, interes and any known costs and expenses as provided by Tax Code §33.48, are due on the described property for the following taxing unit(s): Year Entity 2012 COLLEGE STATION ISO 2012 BRAZOS COUNTY 2012 CITY OF COLL. STAT. Totals: Effective Date: 01/22/2013 Tax Certificate Issued for: CITY OF COLL. STAT. BRAZOS COUNTY COLLEGE STATION ISO Taxable 244,370 244,370 244,370 Taxes Paid in 2012 526.23 592.60 1,631 .22 Tax Due 1,631 .20 592.59 526.24 2,750.03 Disc./P&I 0.00 0.00 0.00 0.00 Attorney Fee 0.00 0.00 0.00 0.00 Total Due if paid by: 01/31/2013 Total Due 1,631.20 592.59 526.24 2,750.03 2,750.03 If applicable, the above-described property has/is receiving special appraisal based on its use, and additional rollback taxes may become due based on the provisions of the special appraisal (Comptroller Rule 9.3040) or property omitted from the appraisal roll as described under Tax Code Section 25.21 is not included in this certificate [Tax Code Section 31.0S(b)]. Pursuant to Tax Code Section 31.08, if a person transfers property accompanied by a tax certificate that erroneously indicates that no delinquent taxes, penalties or interest are due a taxing unit on the property or that fails to include property because of its omission from an appraisal roll, the unit's tax lien on the property is extinguished and the purchaser of the property is absolved of liability to the unit for delinquent taxes, penalties or interest on the property or for taxes based on omitted property. The person who was liable for the tax for the ear the tax was im osed or the ro e was omitted remains ersonall liable for the tax and for an enalties or interest. A tax certificate issued through fraud or collusion is void. This certificate does not clear abuse of granted exemptions as defined in Section 11 .43 Paragraph(1) of the Texas Property Tax Code. May Be Subject to Court Costs if Suit is Pending Date of Issue: Requested By: Fee Amount: Reference #: Signature of Authorized Officer of Collecting Office 01/22/201 3 MITCHELL & MORGAN LLP 10.00 Page: 1 OF 1 TrueAutom11tlon.lnc:. Through Tax Year 2012 TAX CERTIFICATE Certificate # 26908 Issued By: KRISTEEN ROE, RTA, CTA PH# (979) 361-4470 BRAZOS COUNTY TAX ASSESSOR COLLECTOR 300 E. WM . J BRYAN PKWY BRYAN, TX 77803 Owner ID: 500141 100.00% WOODRIDGE COLLEGE STATION II LLC 1999 AVENUE OF THE STARS STE 2850 LOS ANGELES, CA 90067-4627 Property Information Property ID: 34548 Geo ID : 448000-0001-0030 Legal Acres: 0.0000 Legal Desc: NORTH PARK, BLOCK 1, LOT 3 Situs: 152 MEADOWLAND ST A-0, OBA: NORTH PARK APTS(R34547-9;52-9;61-4) Exemptions: For Entities BRAZOS COUNTY CITY OF COLL. STAT. COLLEGE STATION ISO Z REFUND ENTITY Value Information Improvement HS: Improvement NHS: Land HS: Land NHS: Productivity Market: Productivity Use: Assessed Value 0 10 0 95, 110 0 0 95,120 Current/Delinquent Taxes This is to certify that, after a careful check of the tax records of this office, the following delinquent taxes, penalties, interes and any known costs and expenses as provided by Tax Code §33.48, are due on the described property for the following taxing unit(s): Year Entity 2012 COLLEGE STATION ISO 2012 BRAZOS COUNTY 2012 CITY OF COLL. STAT. Totals: Effective Date: 01/22/2013 Tax Certificate Issued for: CITY OF COLL. STAT. BRAZOS COUNTY COLLEGE STATION ISO Taxable 95,120 95,120 95, 120 Taxes Paid in 2012 204.84 230.67 634.95 Tax Due 634.94 230.66 204.83 1,070.43 Disc./P&I 0.00 0.00 0.00 0.00 Attorney Fee 0.00 0.00 0.00 0.00 Total Due if paid by: 01/31/2013 Total Due 634.94 230.66 204.83 1,070.43 1,070.43 If applicable, the above-described property has/is receiving special appraisal based on its use, and additional rollback taxes may become due based on the provisions of the special appraisal (Comptroller Rule 9.3040) or property omitted from the appraisal roll as described under Tax Code Section 25.21 is not included in this certificate [Tax Code Section 31.0B(b)]. Pursuant to Tax Code Section 31.08, if a person transfers property accompanied by a tax certificate that erroneously indicates that no delinquent taxes, penalties or interest are due a taxing unit on the property or that fails to include property because of its omission from an appraisal roll, the unit's tax lien on the property is extinguished and the purchaser of the property is absolved of liability to the unit for delinquent taxes, penalties or interest on the property or for taxes based on omitted property. The person who was liable for the tax for the ear the tax was im osed or the ro e was omitted remains ersonall liable for the tax and for an enalties or interest. A tax certificate issued through fraud or collusion is void. This certificate does not clear abuse of granted exemptions as defined in Section 11.43 Paragraph(1) of the Texas Property Tax Code. May Be Subject to Court Costs if Suit is Pending Date of Issue: Requested By: Fee Amount: Reference #: ~'7>1~ Signature of Authorized Officer of Collecting Office 01/22/2013 MITCHELL & MORGAN LLP 10.00 Page: 1 OF1 TN9 Autom8tion, Inc. Through Tax Year 2012 TAX CERTIFICATE Certificate # 26909 Issued By: KRISTEEN ROE, RTA, CTA PH# (979) 361-4470 BRAZOS COUNTY TAX ASSESSOR COLLECTOR 300 E. WM. J BRYAN PKWY BRYAN, TX 77803 Owner ID: 500141 100.00% WOODRIDGE COLLEGE STATION II LLC 1999 AVENUE OF THE STARS STE 2850 LOS ANGELES, CA 90067-4627 Property Information Property ID: 34549 Geo ID: 448000-0001-0040 Legal Acres: 0.0000 Legal Desc: Situs: NORTH PARK, BLOCK 1, LOT 4 150 MEADOWLAND ST A-0, OBA: NORTH PARK APTS(R34547-9;52-9;61-4) Exemotions: For Entities BRAZOS COUNTY CITY OF COLL. STAT. COLLEGE STATION ISO Z REFUND ENTITY Value Information Improvement HS: Improvement NHS: Land HS: Land NHS: Productivity Market: Productivity Use: Assessed Value 0 10 0 90,020 0 0 90,030 Current/Delinquent Taxes This is to certify that, after a careful check of the tax records of this office, the following delinquent taxes, penalties, interes and any known costs and expenses as provided by Tax Code §33.48, are due on the described property for the following taxing unit(s): Year Entity 2012 COLLEGE STATION ISO 2012 BRAZOS COUNTY 2012 CITY OF COLL. STAT. Totals: Effective Date: 01 /22/2013 Tax Certificate Issued for: CITY OF COLL. STAT. BRAZOS COUNTY COLLEGE STATION ISO Taxable 90,030 90,030 90,030 Taxes Paid in 2012 193.88 218.32 600.97 Tax Due 600.96 218.32 193.87 1,013.15 Disc./P&I 0.00 0.00 0.00 0.00 Attorney Fee 0.00 0.00 0.00 0.00 Total Due if paid by: 01/31/2013 Total Due 600.96 218.32 193.87 1,013.15 1,013.1 5 If applicable, the above-described property has/is receiving special appraisal based on its use, and additional rollback taxes may become due based on the provisions of the special appraisal (Comptroller Rule 9.3040) or property omitted from the appraisal roll as described under Tax Code Section 25.21 is not included in this certificate [Tax Code Section 31.0S(b)]. Pursuant to Tax Code Section 31.08, if a person transfers property accompanied by a tax certificate that erroneously indicates that no delinquent taxes, penalties or interest are due a taxing unit on the property or that fails to include property because of its omission from an appraisal roll, the unit's tax lien on the property is extinguished and the purchaser of the property is absolved of liability to the unit for delinquent taxes, penalties or interest on the property or for taxes based on omitted property. The person who was liable for the tax for the ear the tax was im osed or the ro e was omitted remains ersonall liable for the tax and for an enalties or interest. A tax certificate issued through fraud or collusion is void. This certificate does not clear abuse of granted exemptions as defined in Section 11 .43 Paragraph(1) of the Texas Property Tax Code. May Be Subject to Court Costs if Suit is Pending Date of Issue: Requested By: Fee Amount: Reference #: Signature of Authorized Officer of Collecting Office 01/22/2013 MITCHELL & MORGAN LLP 10.00 Page: 1OF1 True Autom1tlon. Inc. Through Tax Year 2012 TAX CERTIFICATE Certificate # 26910 Issued By: KRISTEEN ROE, RTA, CTA PH# (979) 361-4470 BRAZOS COUNTY TAX ASSESSOR COLLECTOR 300 E. WM. J BRYAN PKWY BRYAN , TX 77803 Owner ID: 500141 100.00% WOODRIDGE COLLEGE STATION II LLC 1999 AVENUE OF THE STARS STE 2850 LOS ANGELES, CA 90067-4627 Property ID: Legal Acres: Legal Desc: Situs: OBA: Exemptions: Property Information 34547 Geo ID: 448000-0001-0020 0.0000 NORTH PARK, BLOCK 1, LOT 2 154 MEADOWLAND ST A-0, NORTH PARK APTS(R34547-9;52-9;61-4) For Entities BRAZOS COUNTY Value Information Improvement HS: 0 10 0 279,910 0 0 279,920 CITY OF COLL. STAT. COLLEGE STATION ISO Z REFUND ENTITY Improvement NHS: Land HS: Land NHS: Productivity Market: Productivity Use: Assessed Value Current/Delinquent Taxes This is to certify that, after a careful check of the tax records of this office, the following delinquent taxes, penalties, interes and any known costs and expenses as provided by Tax Code §33.48, are due on the described property for the following taxing unit(s): Year Entity 2012 COLLEGE STATION ISO 2012 BRAZOS COUNTY 2012 CITY OF COLL. STAT. Totals: Effective Date: 01/22/2013 Tax Certificate Issued for: CITY OF COLL. STAT. BRAZOS COUNTY COLLEGE STATION ISO Taxable 279,920 279,920 279,920 Taxes Paid in 2012 602.79 678.81 1,868.52 Tax Due 1,868.51 678.80 602.79 3,150.10 Disc./P&I 0.00 0.00 0.00 0.00 Attorney Fee 0.00 0.00 0.00 0.00 Total Due if paid by: 01 /31 /2013 '· . Total Due 1,868.51 678.80 602.79 3,150.10 3, 150.10 If applicable, the above-described property has/is receiving special appraisal based on its use, and additional rollback taxes may become due based on the provisions of the special appraisal (Comptroller Rule 9.3040) or property omitted from the appraisal roll as described under Tax Code Section 25.21 is not included in this certificate [Tax Code Section 31.0S(b)]. Pursuant to Tax Code Section 31.08, if a person transfers property accompanied by a tax certificate that erroneously indicates that no delinquent taxes, penalties or interest are due a taxing unit on the property or that fails to include property because of its omission from an appraisal roll, the unit's tax lien on the property is extinguished and the purchaser of the property is absolved of liability to the unit for delinquent taxes, penalties or interest on the property or for taxes based on omitted property. The person who was liable for the tax for the ear the tax was im osed or the ro e was omitted remains ersonall liable for the tax and for an enalties or interest. A tax certificate issued through fraud or collusion is void. This certificate does not clear abuse of granted exemptions as defined in Section 11.43 Paragraph(1) of the Texas Property Tax Code. May Be Subject to Court Costs if Suit is Pending Date of Issue: Requested By: ~ /r)ffU_-) Fee Amount: Reference #: Signature of Authorized Officer of Collecting Office 01/22/2013 MITCHELL & MORGAN LLP 10.00 Page: 1OF1 True Automalion, Inc. 0 TAX CERTIFICATE 0 I Certificate # J 26911 Issued By: KRISTEEN ROE, RTA, CTA PH# (979) 361-4470 BRAZOS COUNTY TAX ASSESSOR COLLECTOR 300 E. WM. J BRYAN PKWY BRYAN , TX 77803 Owner ID: 500141 100.00% WOODRIDGE COLLEGE STATION II LLC 1999 AVENUE OF THE STARS STE 2850 LOS ANGELES, CA 90067-4627 Property Information Property ID: 28249 Geo ID: 299500-0002-0150 Legal Acres: 0.0000 Legal Desc: Situs: GORZYCKl'S MEADOWLAND, BLOCK 2, LOT 15 100 TEXAS A VE S , OBA: Exemptions: For Entities BRAZOS COUNTY CITY OF COLL. STAT. COLLEGE STATION ISO Z REFUND ENTITY Value Information Improvement HS: 0 8,000 0 248,360 0 0 256,360 Improvement NHS: Land HS: Land NHS: Productivity Market: Productivity Use: Assessed Value Current/Delinquent Taxes This is to certify that, after a careful check of the tax records of this office, the following delinquent taxes, penalties, interes and any known costs and expenses as provided by Tax Code §33.48, are due on the described property for the following taxing unit(s): Year Entity 2012 COLLEGE STATION ISO 2012 BRAZOS COUNTY 2012 CITY OF COLL. STAT. Totals: Effective Date: 01 /22/2013 Tax Certificate Issued for: CITY OF COLL. STAT. BRAZOS COUNTY COLLEGE STATION ISO Taxable 256,360 256,360 256,360 Taxes Paid in 2012 552.06 621 .67 1,711 .25 Tax Due 1,711.24 621 .67 552.05 2,884.96 Disc./P&I 0.00 0.00 0.00 0.00 Attorney Fee 0.00 0.00 0.00 0.00 Total Due if paid by: 01 /31 /2013 Total Due 1,711 .24 621.67 552.05 2,884.96 2,884.96 If applicable, the above-described property has/is receiving special appraisal based on its use, and additional rollback taxes may become due based on the provisions of the special appraisal (Comptroller Rule 9.3040) or property omitted from the appraisal roll as described under Tax Code Section 25.21 is not included in this certificate [Tax Code Section 31 .0S(b)]. Pursuant to Tax Code Section 31 .08, if a person transfers property accompanied by a tax certificate that erroneously indicates that no delinquent taxes, penalties or interest are due a taxing unit on the property or that fails to include property because of its omission from an appraisal roll, the unit's tax lien on the property is extinguished and the purchaser of the property is absolved of liability to the unit for delinquent taxes, penalties or interest on the property or for taxes based on omitted property. The person who was liable for the tax for the ear the tax was im osed or the ro e was omitted remains ersonall liable for the tax and for an enalties or interest. A tax certificate issued through fraud or collusion is void. This certificate does not clear abuse of granted exemptions as defined in Section 11 .43 Paragraph(1) of the Texas Property Tax Code. May Be Subject to Court Costs if Suit is Pending Date of Issue: Requested By: Fee Amount: Reference #: Signature of Authorized Officer of Collecting Office 01/22/201 3 MITCHELL & MORGAN LLP 10.00 Page: 1 OF 1 TN4IA.utom1tion,lnc. WOODRIDGE COLLEGE STATION I, LLC CERTIFICATE The undersigned, Woodridge Capital Fund I, LLC, a Delaware limited liability company, the sole member of Woodridge College Station I, LLC, a Delaware limited liability company (the "Company") , hereby certifies that: (i) Michael Rosenfeld is the sole manager of the Company, and in that capacity is authorized to execute on behalf of the Company any and all applications and related items, including all amendments, supplements, documents or certificates, in connection with seeking and obtaining entitlements from the City of College Station, Texas, for the Company's real property des on Exhibit A, attached hereto, in the following manner: osenfeld, Manager The signature set forth opposite Michael Rosenfeld's name below is has genuine NAME OFFICE Michael Rosenfeld Manager SIGNED ON THE FOLLOWING PAGE IN WITNESS WHEREOF, the undersigned has executed this certificate on the 10th day of Jan_uary, 2012. Woodridg~. College Station I, LLC, a Delaware limited liability company, By: Woodridge Capital Finance Fund I, LLC, a Delaware limited liability company, its sole member, Exhibit A CHSC Legal Tract 1 -LAND ONLY -Excluding Improvements (Hotel Tower Property -410 S. Texas Avenue) ·· METES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE J.E. SCOTT LEAGUE, ABSTRACT NO. 50, COLLEGE STATION, BRAZOS COUNTY, TEXAS. SAID TRACT BEING ALL OF A CALLED 4.65 ACRE TRACT AS DESCRIBED BY A DEED TO CHSC LTD. RECORDED IN VOLUME 8917, PAGE 44 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, AND THE ADJOINING PORTION OF THE ABANDONED PUBLIC RIGHT-OF-WAY OF MEADOWLAND STREET ACCORDING TO COLLEGE STATION ORDINANCE NO. 2010-3232. SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A 5/8th INCH IRON ROD FOUND ON THE SOUTHWEST LINE OF TEXAS A.VENUE (100' RO.W.) MARKING THE NORTH CORNER OF SAID 4.65 ACRE TRACT AND THE EAST CORNER OF A CALLED .1.855 ACRE TRACT AS DESCRIBED BY A DEED TO EQI COLLEGE STATION PARTNERSHIP, L.P. RECORDED IN VOLUME 7619, PAGE 141 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS; THENCE: S 47° 41' 22" E ALONG THE SOUTHWEST LINE OF TEXAS AVENUE FOR A DISTANCE OF 457.46 FEET TO A POINT MARKING THE NORTH CORNER OF THE REMAINDER OF A CALLED 0.172 ACRE TRACT AS DESCRIBED BY A DEED TO BCSK MANAGEMENT, INC. RECORDED IN VOLUME 7018, PAGE 196 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, FOR REFERENCE AN "X" FOUND IN CONCRETE MARKING A TRANSITION FROM THE SOUTHWEST LINE OF TEXAS A VENUE TO THE NORTHWEST LINE OF UNIVERSITY DRIVE(FM 60), BEARS: S 47° 41' 22" E FOR A DISTANCE OF 56.81 FEET; . THENCE: S 41°'43• 03" W ALONG THE COMMON LINE OF SAID 4.65 ACRE TRACT AND SAID REMAINDER OF 0.172 ACRE TRACT FOR A DISTANCE OF 100.00 FEET TO A POINT MARKING THE WEST CORNER OF SAID REMAINDER OF 0.172 ACRE TRACT; THENCE: S 47° 41' 22" E CONTINUING ALONG THE COMMON LINE OF SAID 4.65 ACRE TRACT AND SAID REMAINDER OF 0.172 ACRE TRACT FOR A DISTANCE OF 75.00 FEET TO A POINTON THE NORTHWEST LINE OF UNIVERSITY DRIVE MARKING THE SOUTH CORNER OF SAID REMAINDER OF 0.172 ACRE TRACT; THENCE: S 41° 43' 03" W ALONG THE NORTHWEST LINE OF UNIVERSITY DRIVE FOR A DISTANCE OF 288.78 FEET TOA 5/8th INCH IRON ROD FOUND ON THE " ' I I I ( NORTHEAST LINE OF MEADOWLAND STREET (30' R.O.W.) MARKING THE SOU lH CORNER OF SAID 4.65 ACRE TRACT, FOR REFERENCE A 1/2 INCH IRON ROD FOUND BEARS: N 28° 19' 17" E FOR A DISTANCE OF 2.38 FEET; THENCE: S 41° 39' 11" W CONTINUING ALONG THE NORTHWEST LINE OF UNIVERSITY DRIVE FOR A DISTANCE OF 15.00 FEET TO THE SOUTH CORNER OF THE HEREIN DESCRIBED TRACT; THENCE: N 48° 41' 06" W ALONG THE CENTERLINE OF MEADOWLAND STREET FOR A DISTANCE OF 224.72 FEET; THENCE: N 49° 08' 30" W CONTINUING ALONG THE CENTERLINE OF MEADOWLAND STREET FOR A DISTANCE OF 306.09 FEET TO THE WEST CORNER OF THIS HEREIN DESCRIBED TRACT; THENCE : N 41° 29'06" E THROUGHMEADOWLANDSTREET,AT 14.31 FEET PASS THE COMMON CORNER OF SAID 4.65 ACRE TRACT AND SAID 1.855 ACRE TRACT, CONTINUE ON ALONG THE COMMON LINE OF SAID 4.65 ACRE TRACT AND SAID 1.855 ACRE TRACT FOR A TOTAL DISTANCE OF 415.46 FEET TO THE POINT OF BEGINNING CONTAINING 4.82 ACRES OF LAND, MORE OR LESS, AS SURVEYED ON THE GROUND. Tract 2 I METES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE J.E. SCOTT LEAGUE, ABSTRACT NO. 50, COLLEGE STATION, BRAZOS COUNTY, TEXAS. SAID TRACT BEING A PORTION OF LOTS 3 AND 5, MEADOWLAND ADDITION, ACCORDING TO THE PLAT RECORDED IN VOLUME 94, PAGE 279 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS, SAID PORTION OF LOTS 3 AND 5 BEING THE SAME TRACT OF LAND AS DESCRIBED BY A DEED TO LEONARD M. ROSS REVOCABLE TRUST RECORDED IN VOLUME 7564, PAGE 208 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, AND THE ADJOINING PORTION OF THE ABANDONED PUBLIC RIGHT-OF-WAY OF MEADOWLAND STREET ACCORDING TO COLLEGE STATION ORDINANCE NO. 2010-3232. SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A ~ INCH IRON ROD FOUND ON THE SOUTHWEST LINE OF MEADOWLAND STREET MARKING THE EAST CORNER OF SAID ROSS TRACT AND THE NORTH CORNER OF A CALLED TRACT OF LAND AS DESCRIBED BY A DEED TO 7~D INVESTMENTS RECORDED IN VOLUME 1601, PAGE 138 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS; THENCE: S 41° 37' 44" W THROUGH SAID LOT 3 AND ALONG THE COMMON LINE OF SAID ROSS TRACT AND SAID 7-D INVESTMENTS TRACT FORA DISTANCE OF 50.05 FEET TO A Yz INCH IRON ROD FOUND ON THE NORTHEAST LINE OF A CALLED TRACT OF LAND AS DESCRIBED BY A DEED TO ROSSCO HOLDINGS RECORDED IN VOLUME 6173, PAGE 128 OF THE OFFICIAL'PUBUC RECORDS OF BRAZOS COUNTY, TEXAS, SAID IRON ROD FOUND BEING ON THE COMMON LINE OF SAID LOT 3 AND LOT 2, MEADOWLAND ADDITION; THENCE: N 48° 19' 24" W ALONG THE COMMON LINE OF SAID LOT 3 AND LOT 2 AND THROUGH SAID LOT 5 SAME BEING THE COMMON LINE OF SAID ROSS TRACT AND SAID ROSSCO HOLDINGS TRACT, FOR A DISTANCE OF 71.37 FEET TO AN "X" FOUND IN CONCRETE MARKING THE WEST CORNER OF SAID ROSS TRACT; THENCE: N 41° 39' 11" E CONTINUING ALONG THE COMMON LINE OF SAID ROSS TRACT AND SAID ROSSCO HOLDINGS TRACT AND THROUGH SAID LOT 5, FOR A DISTANCE OF 50.05 FEET TO AN "X" FOUND IN CONCRETE ON THE SOUTHWEST LINE OF MEADOWLAND STREET MARKING THE NORTH CORNER OF SAID ROSS TRACT; THENCE~ THROUGH MEADOWLAND STREET FOR THE FOLLOWING CALLS: N 41° 39' 11" E FOR A DISTANCE OF 13.97 FEET; S 48° 41' 06" E FOR A DISTANCE OF 71.34 FEET; S 41° '37• 44" W FOR A DISTANCE OF 14.43 FEET TO THE POINT OF BEGINNING CONTAINING 0.105 OF AN ACRE OF LAND MORE OR LESS,AS SURVEYED ON THE GROUND OCTOBER, 2007. [ ... ·L ~ '..;: 39 1 t • c l \ EXHIBIT "A" Legal Description Metes and Bounds Description of all that certain tract or parcel of land lying and being situated in the J. E. SCOIT LEAGUE, ABSTRACT NO. 50, College Station, Brazos County, Texas, said Tract being all of a called 4.5047 acre tract described as Tract 1 and all of a called 0.1768 acre tract described as Tract 3 by a Deed to Texas Student Housing Corporation recorded in Volume 2519, Page 202 of the Official Public Records of Brazos County, Texas. $a·ld Tract being more particularly described by metes and boan<ls as folklws: BEGINNING at a 5/8 inch iron rod found on the Southwest line of Texas Avenue (J 00 foot R.O.W.) marking the corner of said 4.5047 acre tract and the East comer of a called 1.855 acre tract as described by a Deed to EQl College Station Partnership, L.P. recorded-in Votumc 7619, Page 141 of the Official Public Records of Brazos County, Texas; TIIBNCE: South 47 degrees 41 minutes 22 seconds East afong the Southwest tine of Texas Avenue for a distance of 457.46 feet to a point marking the North comer of the remainder of a called 0.172 acre tract as described by a Deed to BCSK Management, Inc. recorded in Volume 7018, Page 196 of the Official Public Records of Brazos County, Texas, for reference an "X" found in concrete marking a transition from the Southwest line of Texas Avenue to the Northwest line of University Drive (FM 60), bears: South 47 degrees 41 minutes 22 seconds East for a distance of 56.81 feet; TIIENCE: Solllh 41 degrees 43 miruues 03 seconds W~st along.the .common line .of said 4.5047 .acre tract and said remainder of 0. 172 acre tract for a distance of 100.00 feet to a point marking the West corner of srud remainder of 0. l 72 acre tract; THENCE: South 47 degrees 41 minutes 22 seconds East continuing along the common line of said 4.5047 acre tract and said remainder of 0. J 72 acre tract for a distance of 75.00 feet to a point on the .NQrthwest line of University Drive marking the South comer of-said remainder of 0.172 acre tract; TI:IENCE: South 41 degrees 43 minutes 03 seconds West along the Northwest line of University Drive for a distance of 2&8. 78 feet to a 5/8 inch iron rod found on the Northeast line of Meadowland Street (30 fuot RO. W.) marking the South comer of this herein described tract, for reference a 1 /2 inch iron rod found bears: North 28 degrees 19 minutes 17 seconds East for a distance of 2.38 feet; TIIENCE: North 49 degrees 01 minutes 23 seconds West along the Northeast line of Meadowland Street for a distance of 530.85 feet to a 5/8 inch iron rod found marking the South corner of said 1.855 acre tract and the West comer of this herein descnbed'tract; TIIENCE: North 41 degrees 29 minutes 06 seconds East along the common line of said 4.5047 acre tract and said 1.855 acre tract for a distance of 401.15 feet to the POINT OF BEGINNING containing 4.65 acres of land, more or less, as surveyed on the ground October, 2007. GROUND LEASE AGR'EEMENT f ' ' PACE 16 EXHIBIT "A" Leeal Description Metes and Bounds Description of all that certain tract or parcel of land lying and being situated in the J.E. SCOIT LEAGUE, ABSTRACT NO. 50, CoJJege Station, Brazos County, Texas, said Tract being all . of a called 4.5047 acre tract described as Tract 1 and all of a called 0.1768 acre tract described .as Tract 3 by a Deed to Texas Student Housing Corporation recorded in Volume 2519, Page 202 of the Official Public Records of Braz.as County, Texas. Sa.id 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 Texas Avenue (100 foot R.O.W.) marking the corner of said 4.5047 acre tract and the East comer of a called 1.855 acre tract as describecfby a Deed to EQJ College Station Partnership, LP. recorded.in Votumc 7619, Page .141 of the Official Public Records of Brazos County, Texas; TIIENCE: South 47 degrees 4J minutes 22 seconds East afong the Southwest line of Texas Avenue for a distance of 457.46 feet to a point marking the North corner of the remainder of a called 0.172-acre tract as described by a Deed to BCSK Management, Inc. recorded in Volume 701 &, Page 196 of the Official Public Records of Brazos County, Texas, for reference an "X" found in concrete marking a transition from the Southwest line of Texas Avenue to the Northwest line of University Drive (FM 60), bears: South 47 degrees 41 minutes 22 seconds East for a distance of 56.81 feet; TilENCE: Sou.th 41 degrees 43 minules 03 seconds West. .along.the .common line .of said 4.504 7 .acre tract and said remainder of 0.172 acre tract for a distance of 100.00 feet to a point marking the West comer of said remainder of 0. J 72 acre tract; THENCE: South 47 degrees 41 minutes 22 seconds East continuing along the common line of said 4.5047 acre tract and said remainder of 0. I 72 acre tract for a distance of 75.00 feet to a pofot on the .Northwest tine of University Drive marking the South comer of said remainder of0.172-acre tract; THENCE: South 4 I degrees 43 minutes 03 seconds West along the Northwest line of University Drive for a distance of 288. 78 feet to a 5/8 inch iron rod found on the Northeast line of Meadowland Street (30 foot RO. W.) marking the South corner of this herein described tract, for reference a l /2 inch iron 1 rod found bears: North 28 degrees 19 minutes 17 seconds East for a distance of 2.38 feet;· THENCE: North 49 degrees 01 minutes 23 seconds West along the Northeast line of Meadowland Street for a distance of 530.85 feet to a 5/8 inch iron rod found marking the South comer of said 1.855 acre tract and the West comer of this herein descnbed"tract; · THENCE: North 41 degrees 29 minutes 06 seconds East along the common line of said 4.5047 acre tract and said J.855 acre tract for a distance of 401.15 feet to the POlNT OF BEGINNING containing 4.65 acres of land, more or less, as surveyed on the ground October, 2007. GROUND LT.ASE AGREEME.,.,'T PAGE 16 WOODRIDGE COLLEGE STATION II, LLC CERTIFICATE The undersigned, Woodridge Capital Fllhd I, LLC, a Delaware limited liability company, the sole member of Woodridge College Station II, LLC, a Delaware limited liability company (the "Company") , hereby certifies that: (i) Michael Rosenfeld is the sole manager of the Company, and in that capacity is authorized to execute on behalf of the Company any and all applications and related items, including all amendments, supplements, documents or certificates, in connection with seeking and obtaining entitlements from the City of College Station, Texas, for the Company's real prope scribed on Exhibit A, attached hereto, in the following manner: mpany The signature set forth opposite Mic NAME OFFICE Michael Rosenfeld Manager SIGNED ON THE FOLLOWING PAGE IN WITNESS WHEREOF, the undersigned has executed this certificate on the 10th day of January, 2012. Woodridg~. College Station II, LLC, a Delaware limited liability company, By: Woodridge Capital Finance Fund I, LLC, a Delaware limited liability company, its sole member, Exhibit A Rossco TRACT ONE: (127, 125 AND 131 MEADOWLAND) METES AND BOUNDS DESCRIPTION OF Af:,L THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE J. E. SCOTT LEAGUE, ABSTRACT NO. 50, COLLEGE STATION, BRAZOS COUNTY, TEXAS. SAID TRACT BEING ALL OF LOTS 17 THROUGH 19, MEADOWLAND ADDITION, ACCORDING TO THE PLAT RECORDED IN VOLUME 94, PAGE 279 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS, AND THE ADJOINING PORTION OF THE ABANDONED PUBLIC RIGHT-OF-WAY OF MEADOWLAND STREET ACCORDING TO COLLEGE STATION ORDINANCE NO. 2010-3232. SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHEAST LINE OF A CALLED TRACT OF LAND CURRENTLY OWNED BY THE TEXAS A&M UNIVERSITY SYSTEM MARKING THE SOUTH CORNER OF SAID LOT 17 AND THE WEST CORNER OF LOT 16, MEADQWLAND ADDITION; THENCE: N 49° 04' 04 11 W ALONG THE COMMON LINE OF SAID LOTS 17 THROUGH 19 AND SAID TEXAS A&M TRACT FOR A DISTANCE OF 149.46 FEET TO THE COMMON CORNER OF SAID LOT 19 AND NORTH PARK, ACCORDING TO THE PLAT RECORDED IN VOLUME 465, PGAE 37 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS; THENCE: N 41° 27' 11" E ALONG THE COMMON LINE OF SAID LOT 19 AND NORTH PARK, AT 166.83 FEET PASS A MAG NAIL FOUND IN ASPHALT ON THE SOUTHWEST LINE OF MEADOWLAND STREET MARKING THE NORTH CORNER OF SAID LOT 19, CONTINUE ON FOR A TOTAL DISTANCE OF 181.84 FEET TO THE ORIGINAL CENTERLINE OF MEADOWLAND STREET; THENCE: S 49° 08' 30" E THROUGH MEADOWLAND STREET FOR A DISTANCE OF 149.47 FEET TO THE EAST CORNER OF THIS HEREIN DESCRIBED TRACT; THENCE: S 41° 27' 11" W CONTINUING THROUGH MEADOWLAND STREET AND ALONG THE COMMON LINE OF SAID LOTS 16 AND 17, AT 180.59 FEET PASS A Yz INCH IRON ROD FOUND, CONTINUE ON FORA TOTAL DISTANCE OF 182.03 FEET . TO THE POINT OF BEGINNING CONTAINING 0.62 OF AN ACRE OF LAND, MORE OR LESS; AS SURVEYED ON THE GROUND. TRACT TWO: (1403 UNIVERSITY) Legal Page 1 of 8 . ' METES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE J.E. SCOTT LEAGUE, ABSTRACT NO. 50, COLLEGE STATION, BRAZOS COUNTY, TEXAS. SAID TRACT BEING ALL OF LOTS 1, 2 AND 4 AND A PORTION OF LOT 5, MEADOWLAND ADDITION, ACCORDING TO THE PLAT RECORDED IN·VOLUME 94, PAGE 279 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS, SAID BEING THE SAME TRACT OF LAND AS DESCRIBED BY A DEED TO ROSSCO HOLDINGS RECORDED IN VOLUME 6173, PAGE 128 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, AND THE ADJOINING PORTION OF THE ABANDONED PUBLIC RIGHT-OF-WAY OF MEADOWLAND STREET ACCORDING TO COLLEGE STATION ORDINANCE NO. 2010-3232. SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: . ·BEGINNING AT A Yi INCH IRON ROD FOUND ON THE NORTHWEST LINE OF UNIVERSITY DRIVE (FM 60) MARKING THE SOUTH CORNER OF SAID LOT 1 AND THE EAST CORNER OF A CALLED TRACT OF LAND CURRENTLY OWNED BY THE TEXAS A&M UNIVERSITY SYSTEM; ~- THENCE: N 49° 04' 04" W ALONG THE COMMON LINE OF SAID LOT 1 AND SAID TEXAS A&M TRACT FOR A DISTANCE OF 224. 73 FEET TO THE WEST CORNER OF SAID LOT 4 AND THE SOUTH CORNER OF LOT 6, MEADOWLAND ADDITION; THENCE: N 41° 39' 11" E ALONG THE COMMON LINE OF SAID LOT 4 AND 5 AND SAID LOT 6, A! 169.07 FEET PASS A 5/8 INCH IRON ROD FOUND ON THE SOUTHWEST LINE OF MEADOWLAND STREET MARKING THE COMMON CORNER OF SAID LOT 5 AND SAID LOT 6, CONTINUE ON THROUGH MEADOWLAND STREET FOR A TOTAL DISTANCE OF 182.74 FEET TO THE NORTH CORNER OF THIS HEREIN DESCRIBED TRACT; THENCE: S 48° 41' 06" E THROUGH MEADOWLAND STREET FOR A DISTANCE OF 49.72 FEET; ' THENCE: S 41° 39' 11" W CONTINUING THROUGH MEADOWLAND STREET, AT 13.97 FEET PASS THE COMMON CORNER OF SAID ROSSCO HOLDINGS TRACT AND A CALLED TRACT OF LAND AS DESCRIBED BY A DEED TO LEONARD M. ROSS REVOCABLE TRACT RECORDED IN VOLUME 7564, PAGE 208 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, CONTINUE ON FOR A TOTAL DISTANCE OF 64.02 FEET TO A 5/8 INCH IRON ROD FOUND MARKING THE WEST CORNER OF SAID ROSS TRACT; THENCE: S 48° 20' 49" E ALONG THE COMMON LINE OF SAID ROSSCO HOLDINGS TRACT AND SAID ROSS TRACT FOR A DISTANCE OF 175.00 FEET TO A 5/8 INCH IRON ROD FOUND ON THE NORTHWEST LINE OF UNIVERSITY DRIVE MARKING THE SOUTH CORNER OF A CALLED TRACT OF LAND AS DESCRIBED BY A DEED Legal Page 2 of 8 TO 7-D INVESTMENTS RECORDED IN VOLUME 1601, PAGE 138 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS; THENCE: S 41° 39' 11" W ALONG THE NORTHWEST LINE OF UNIVERSITY DRIVE FOR A DISTANCE OF 116.19 FEET TO THE POINT OF BEGINNING CONTAINING 0.68 OF AN ACRE OF LAND, MORE OR LESS, AS SURVEYED ON THE GROUND OCTOBER, 2007. TRACT THREE: (133 MEADOWLAND) MF;TES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE J.E. SCOTT LEAGUE, ABSTRACT NO. 50, COLLEGE STATION, BRAZOS COUNTY, TEXAS. SAID TRACt BEING ALL OF LOT 10, BLOCK 2, NORTH PARK, ACCORDING TO THE PLAT RECORDED IN VOLUME 465, PAGE 37 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS, AND THE ADJOINING PORTION OF THE ABANDONED PUBLIC RIGHT-OF-WAY OF MEADOWLAND STREET ACCORDING TO COLLEGE STATION ORDINANCE NO. 2010-3232. . SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A Yz INCH IRON ROD FOUND ON THE SOUTHWEST LINE OF MEADOWLAND STREET MARKING THE NORTH CORNER OF SAID LOT 10 AND THE EAST CORNER OF LOT 9, BLOCK 2; THENCE: N 41° 29' 51" E THROUGH MEADOWLAND STREET FOR A DISTANCE OF 25.19 FEET TO THE ORIGINAL CENTERLINE OF MEADOWLAND STREET; THENCE: S 49° 08' 30" E CONTINUING THROUGH MEADOWLAND STREET FOR A DISTANCE OF 46.94 FEET TO THE EAST CORNER OF THIS HEREIN DESCRIBED TRACT; THENCE: S 41° 27' 11" W CONTINUING THROUGH MEADOWLAND STREET, AT 25.42 FEET PASS A 5/8 INCH IRON ROD FOUND ON THE NORTHWEST LINE OF LOT 19, MEADOWLAND ADDITION, ACCORDING TO THE PLAT RECORDED IN VOLUME 94, PAGE 279 OF THE DEED RECORDS OF BRAZOS .COUNTY, TEXAS, MARKING THE EAST CORNER OF SAID LOT 10, CONTINUE ON ALONG THE COMMON LINE OF SAID LOT 10 AND SAID LOT 19 FOR A TOTAL DISTANCE OF 181.84 FEET TO THE NORTHEAST LINE OF A CALLED TRACT OF LAND CURRENTLY OWNED BY THE TEXAS A&M UNIVERSITY SYSTEM; i J .!:-• Legal Page 3 of 8 THENCE: N 49° 04' 04" W ALONG THE COMMON LINE OF SAID LOT 10 AND SAID TEXAS A&M TRACT FOR A DISTANCE OF 47.08 FEET TO THE COMMON CORNER OF SAID LOT 10 AND LOT 9; THENCE: N 41° 29' 51" E ALONG THE COMMON LINE OF SAID LOT 10 AND LOT 9 FOR A DISTANCE OF 156.60 FEET TO THE POINT OF BEGINNING CONTAINING 0.20 OF AN ACRE OF LAND, MORE OR LESS, AS SURVEYED ON THE GROUND. TRACT FOUR: (135 MEADOWLAND) METES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE J.E. SCOTT LEAGVE, ABSTRACT NO. 50, COLLEGE STATION, BRAZOS COUNTY, TEXAS. SAID TRACT BEING ALL OF LOT 9, BLOCK 2, NORTH PARK, ACCORDING TO THE PLAT RECORDED IN VOLUME 465 , PAGE 37 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS, AND THE ADJOINING PORTION OF THE ABANDONED PUBLIC RIGHT-OF-WAY OF MEADOWLAND STREET ACCORDING TO COLLEGE STATION ORDINANCE NO. 2010-3232. ~- SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A Yl INCH IRON ROD FOUND ON THE SOUTHWEST LINE OF MEADOWLAND STREET MARKING THE EAST CORNER OF SAID LOT 9 AND THE NORTH CORNER OF LOT 10, BLOCK 2; THENCE: S 41° 29' 51" W ALONG THE COMMON LINE OF SAID LOT 9 AND LOT 10 FORA DISTANCE OF 156.60 FEET TO THE NORTHEAST LINE OF A CALLED TRACT OF LAND CURRENTLY OWNED BY THE TEXAS A&M UNIVERSITY SYSTEM; THENCE: N 49° 04' 04" W ALONG THE COMMON LINE OF SAID LOT 9 AND SAID TEXAS A&M TRACT FOR A DISTANCE OF 68.01 FEET TO A Y2 INCH IRON ROD FOUND MARKING THE COMMON CORNER OF SAID LOT 9 AND LOT 8, BLOCK 2; THENCE: N 41° 25' 38" E ALONG THE COMMON LINE OF SAID LOT 9 AND LOT 8, AT 156.52 FEET PASS THE COMMON CORNER OF SAID LOT 9 AND LOT 7, BLOCK 2, CONTINUE ON THROUGH MEADOWLAND STREET FOR A TOTAL DISTANCE OF 181.69 FEET TO THE ORIGINAL CENTERLINE OF MEADOWLAND STREET; THENCE: S 49° 08' 30" E THROUGH MEADOWLAND STREET FOR A DISTANCE OF 68.23 FEET TO THE EAST CORNER OF THIS HEREIN DESCRIBED TRACT; . l .l \ \ ' ...... Legal Page 4 of 8 THENCE: S 41° 29' 51" W CONTINUING THROUGH MEADOWLAND STREET FOR A DISTANCE OF 25.19 FEET TO THE POINT OF BEGINNING CONTAINING 0.28 OF AN ACRE OF LAND, MORE OR LESS, AS SURVEYED ON THE GROUND. TRACT FIVE: (136 MEADOWLAND) METES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE J.E. SCOTT LEAGUE, ABSTRACT NO. 50, COLLEGE STATION, BRAZOS COUNTY, TEXAS. SAID TRACT BEING ALL OF LOT 5, NORTH PARK, SECTION II, ACCORDING TO THE PLAT RECORDED IN VOLUME 494, PAGE 543 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS, AND THE ADJOINING PORTION OF THE ABANDONED PUBLIC RIGHT-OF-WAY OF MEADOWLAND STREET ACCORDING TO COLLEGE STATION ORDINANCE NO. 2010-3232. SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A Y2 INCH IRON ROD FOUND ON THE SOUTHWEST LINE OF LODGECO SUBDIVISION, ACCORDING TO THE PLAT RECORDED IN VOLUME 1996, PAGE 331 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, MARKING THE EAST CORNER OF SAID LOT 5 AND THE NORTH CORNER OF LOT 4, NORTH PARK, SECTION II; THENCE: S 40° 53' 51" W ALONG THE COMMON LINE OF SAID LOT 5 AND LOT 4, AT 120.09 FEET-PASS A 5/8 INCH IRON ROD FOUND ON THE NORTHEAST LINE OF MEADOWLAND STREET MARK.ING THE SOUTH CORNER OF SAID LOT 5, CONTINUE ON FOR A TOTAL DISTANCE OF 135 .21 FEET TO THE CENTERLINE OF MEADOWLAND STREET; THENCE: N 49° 08' 30" W THROUGH MEADOWLAND STREET FOR A DISTANCE OF 51.50 FEET TO THE WEST CORNER OF THIS HEREIN DESCRIBED TRACT; THENCE: N 40° 52' 23" E CONTINUING THROUGH MEADOWLAND STREET FOR A DISTANCE OF 15.22 FEET TO A ~ INCH IRON ROD FOUND MARKING THE WEST CORNER OF SAID LOT 5 AND THE SOUTH CORNER OF TEXIAN INN ADDITION ACCORDING TO THE PLAT RECORDED IN VOLUME 706, PAGE 201 OF THE OFFICIAL RECORDS OF BRAZOS COUNTY, TEXAS; THENCE: N 41° 22' 30" E ALONG THE COMMON LINE OF SAID LOT 5 AND TEXIAN INN ADDITION FOR A DISTANCE OF 119.99 FEET TO A 5/8 INCH IRON. ROD FOUND MARKING THE NORTH CORNER OF SAID LOT 5 AND THE WEST CORNER OF LODGECO SUBDIVISION; Legal P~ge 5 of 8 THENCE: S 49° 11' 22" E ALONG THE COMMON LINE OF SAID LOT 5 AND LODGECO SUBDIVISION FORA DISTANCE OF 50.51 FEET TO THE POINT OF BEGINNING CONTAINING 0.16 OF AN ACRE OF LAND, MORE OR LESS, AS SURVEYED ON THE GROUND . TRACT SIX: (137 MEADOWLAND) METES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE J.E. SCOTT LEAGUE, ABSTRACT NO. 50, COLLEGE STATION, BRAZOS COUNTY, TEXAS. SAID TRACT BEING ALL OF LOT 7, BLOCK 2, NORTH PARK, ACCORDING TO THE PLAT RECORDED IN VOLUME 465, PAGE 37 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS, AND THE ADJOINING PORTION OF THE ABANDONED PUBLIC RIGHT-OF-WAY OF MEADOWLAND STREET ACCORDING TO COLLEGE STATION ORDINANCE NO. 2010-3232. SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: ~- BEGINNING AT A Y2 INCH IRON ROD FOUND ON THE SOUTHWEST LINE OF MEADOWLAND STREET MARKING THE NORTH CORNER OF SAID LOT 7 AND THE NORTHEAS! CORNER OF LOT 8, BLOCK 2; THENCE: S 49° 07' 37" E ALONG THE SOUTHWEST LINE OF MEADOWLAND STREET FOR A DISTANCE OF 24.09 FEET' THENCE: N 40° 52' 23" E THROUGH MEADOWLAND STREET FOR A DISTANCE OF 25 .15 FEET TO THE ORIGINAL CENTERLINE OF MEADOWLAND STREET; THENCE: S 49° 08' 30" E CONTINUING THROUGH MEADOWLAND STREET FOR A DISTANCE OF 47.84 FEET TO THE EAST CORNER OF THIS HEREIN DESCRIBED TRACT; THENCE: S 41° 25' 38" W CONTINUING THROUGH MEADOWLAND STREET, AT 25.17 FEET PASS THE EAST CORNER OF SAID LOT 7 AND THE NORTH CORNER OF LOT 9, BLOCK 2, CONTINUE ON ALONG THE COMMO;N LINE OF SAID LOT 7 AND LOT 9 FOR A TOTAL DISTANCE OF 105.65 FEET TO THE SOUTH CORNER OF SAID LOT 7; THENCE: N 49° 19' 54" W ALONG THE COMMON LINE OF SAID LOT 7 AND SAID LOT 8 FOR A DISTANCE OF 71.84 FEET TO AN "X" FOUND IN CONCRETE MARKING THE WEST CORNER OF SAID LOT 7; THENCE: N 41° 32' 01" E CONTINUING ALONG THE COMMON LINE OF SAID LOT 7 AND LOT 8 FOR A DISTANCE OF 80.74 FEET TO THE POINT OF BEGINNING Legal Page 6 of· 8 CONTAINING 0.16 OF AN ACRE OF LAND, MORE OR LESS, AS SURVEYED ON THE GROUND. TRACT SEVEN: (139 MEADOWLAND) Lot Eight (8), Block Two (2), North Park, City of College Station, according to plat thereof recorded in Volume 465, Page 37 of the Deed Records of Brazos County, Texas. TRACT EIGHT: (141 MEADOWLAND) Lot Five (5), Block Two (2), North Park, City of College Station, according to plat thereof recorded in Volume 465, Page 37 of the Deed Records of Brazos County~ Texas. TRACT NINE: (143 MEADOWLAND) Lot Six (6), Block Two (2), North Park, City of College Station, according to plat thereof recorded in Volume 465, Page 37 of the Deed Records of Brazos County, Texas. TRACT JEN: (145 MEADOWLAND). Lot Three (3), Block Two (2), North Park, City of College Station, according to plat thereof recorded in Volume 465, Page 37 of the Deed Records of Brazos County, Texas. TRACT ELEVEN: (147 MEADOWLAND) Lot Four (4), Block Two (2), North Park, City of College Station, according to plat thereof recorded in Volume 465, Page 37 of the Deed Records of Brazos County, Texas. TRACT TWELVE: (150 MEADOWLAND) Lot Four (4), Block One (1), North Park, City of College Station, according to plat thereof recorded in Volume 465, Page 37 of the Deed Records of Brazos County, Texas. TRACT THIRTEEN: (152 MEADOWLAND) Lot Three (3), Block One (1), North Park, City of College Station, according to plat thereof recorded in Volume 465, Page 37 of the Deed Records of Brazos County, Texas. TRACT FOURTEEN: (154 MEADOWLAND) Lot Two (2), Block One ( 1) North Park, City of College Station, according to plat thereof recorded in Volume 465, Page 37 of the Deed Records of Brazos County, Texas. TRACT FIFTEEN: (100 S. TEXAS AVENUE) Legal Page 7 of 8 METES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN COLLEGE STATION, BRAZOS COUNTY, TEXAS. SAID TRACT BEING THE SAME TRACT OF LAND AS DESCRIBED BY A DEED TO EMMA RUTH ELLIS (TRACT ONE), RECORDED IN VOLUME 7035, PAGE 237 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS. SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A 3/8 INCH IRON ROD FOUND ON THE SOUTH CORNER OF THE INTERSECTION OF S. TEXAS AVENUE (100' R.O.W.) AND HENSEL DRIVE (50' R.O.W.) MARKING THE NORTH CORNER OF THIS HEREIN DESCRIBED TRACT; THENCE: S 47° 09' 27" E ALONG THE SOUTHWEST RIGHT-OF-WAY LINE OF S. TEXAS AVENUE FOR A DISTANCE OF 74.85 FEET TO A 3/8 INCH IRON ROD FOUND MARKING THE NORTH CORNER OF LOT 1, BLOCK 1, TEXIAN INN ADDITION, ACCORIDNG TO THE PLAT RECORDED IN VOLUME 726, PAGE 201 OF THE OFFICIAL RECORDS OF BRAZOS COUNTY, TEXAS, AND THE EAST CORNER OF THIS HEREIN DESCRIBED TRACT; r• THENCE: S 41° 18' 40" W ALONG THE NORTHWEST LINE OF SAID LOT 1, AT 199.88 FEET PASS A 3/8 INCH IRON ROD FOUND, CONTINUE ON FOR A TOTAL DISTANCE OF 200.17 FEET TO A POINT ON THE NORTHEAST LINE OF LOT 2, BLOCK 1, NORTH PARK, ACCORDING TO THE PLAT RECORDED IN VOLUME 465, PAGE 37 OF THE . DEED RECORDS OF BRAZOS COUNTY, TEXAS, FOR REFERENCE, A Y2 INCH IRON ROD FOUND MARKING THE EAST CORNER OF SAID LOT 2 BEARS: S 47° 52' 49" E FORA DISTANCE OF 36.91 FEET; THENCE: N 47° 52' 49" W ALONG THE NORTHEAST LINE OF SAID LOT 2 FOR A DISTANCE OF 75.24 FEET TO A Yi INCH IRON ROD FOUND ON THE SOUTHEAST RIGHT-OF-WAY LINE OF HENSEL DRIVE MARKING THE NORTH CORNER OF SAID LOT 2 AND THE WEST CORNER OF THIS HEREIN DESCRIBED TRACT; THENCE: N 41° 25' 38" E ALONG THE SOUTHEAST LINE OF HENSEL DRIVE FOR A DISTANCE OF 201.13 FEET TO THE POINT OF BEGINNING CONTAINING 0.345 OF AN ACRE OF LAND, MORE OR LESS , AS SURVEYED ON THE GROUND JUNE, 2007, AS VERIFIED ON THE GOUND OCTOBER, 2007. ' ' l ! - Legal Page 8 of 8 WOODRIDGE COLLEGE STATION III, LLC CERTIFICATE The undersigned, Woodridge Capital Fund I, LLC, a Delaware limited liability company, the sole member of Woodridge College Station III, LLC, a Delaware limited liability company (the "Company"), hereby certifies that: (i) Michael Rosenfeld is the sole manager of the Company, and in that capacity is authorized to execute on behalf of the Company any and all applications and related items, including all amendments, supplements, documents or certificates, in connection with seeking and obtaining e titlements from the City of College Station, Texas, for the Company's real property d nbed n Exhibit A, attached hereto, in the following manner: The signature set forth opposite Michael Rosenfeld's name below is has NAME OFFICE Michael Rosenfeld Manager ' I SIGNED ON THE FOLLOWING PAGE IN WITNESS WHEREOF, the undersigned has executed this certificate on the 10th day of January, 2012. Woodridge College Station III, LLC, a Delaware limited liability company, By: Woodridge Capital Finance Fund I, LLC, a Delaware limited liability company, its sole member, Exhibit A 'Ooc-1095683 Bk.OR VJ.10243 Pg-29 Lodgeco (Fee) METES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE J.E. SCOTT LEAGUE, ABSTRACT NO . 50, COLLEGE STATION, BRAZOS COUNTY, TEXAS . SAID TRACT BEING ALL OF LOTS 6 THROUGH 16, MEADOWLAND ADDITION, ACCORDING TO THE PLAT RECORDED IN VOLUME 94, PAGE 279 OF THE DEED RECORDS OF BRAZOS COUNTY .. TEXAS, AND THE ADJOINING PORTION OF THE ABANDONED PUBLIC RIGHT-OF-WAY OF MEADOWLAND STREET ACCORDING TO COLLEGE ST A TI ON ORDINANCE NO. 2010-3232. SAID TRACT BEING MORE PARTICULARLY DESCRJBED BY METES AND BOUNDS AS FOLLOWS : BEGINNING AT AN "X" FOUND IN CONCRETE ON THE SOUTHWEST LINE OF MEADOWLAND STREET MARKING THE EAST CORNER OF SAID LOT 6 AND THE NORTH CORNER OF A CALLED 0.658 ACRE TRACT AS DESCRIBED BY A DEED TO ROSSCO HOLDINGS, INC. RECORDED IN VOLUME 6173, PAGE 128 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS; THENCE: S 41° 39' 11" W ALONG THE COMMON LINE OF SAID LOT 6 AND SAID 0.656 ACRE TRACT FORA DISTANCE OF 169.07 FEET TO THE NORTHEAST LINE OF A CALLED TRACT OF LAND CURRENTLY OWNED BY THE TEXAS A&M UNIVERSITY SYSTEM; THENCE: N 49° 041 0411 W ALONG THE COMMON LINE OF SAID LOTS 6 THROUGH 16 AND SAID TEXAS A&M TRACT FOR A DISTANCE OF 548.31 FEET TO THE COMMON CORNER OF SAID LOT 16 AND LOT 17, MEADOWLAND ADDITION; THENCE: N 41° 27' 11" E ALONG THE COMMON LINE OF SAID LOT 16 AND LOT 17, AT 1.44 FEET PASS A Y% INCH IRON ROD FOUND, CONTINUE ON FOR A TOTAL DISTANCE OF 182.03 FEET TO THE ORJGINAL CENTERLlNE OF MEADOWLAND STREET; , .. THENCE: S 49° 08' 30" E THROUGH MEADOWLAND STREET FOR A DISTANCE OF 548.95 FEET TO THE EAST CORNER OF THIS HEREIN DESCRJBED TRACT; THENCE: S 41° 39' 11" W CONTINUING THROUGH MEADOWLAND STREET FOR A DISTANCE OF 13.67 FEET TO THE POINT OF BEGINNING CONTAINING 2.297 ACRES OF LAND, MORE OR LESS, AS SURVEYED ON THE GROUND. . . • l .. . '' WOODRIDGE COLLEGE STATION IV, LLC CERTIFICATE The undersigned, Woodridge Capital Fund I, LLC, a Delaware limited liability company, the sole member of Woodridge College Station IV, LLC, a Delaware limited liability company (the "Company") , hereby certifies that: (i) Michael Rosenfeld is the sole manager of the Company, and in that capacity is authorized to execute on behalf of the Company any and all applications and related items, including all amendments, supplements, documents or certificates, in connection with seeking and obtaining entitlements from the City of College Station, Texas, for the Company's real property descr' on Exhibit A, attached hereto, in the following manner: IV, LLC, The signature set forth opposite Michael Rosenfeld's name below is has ge NAME OFFICE Michael Rosenfeld Manager SIGNED ON THE FOLLOWING PAGE IN WITNESS WHEREOF, the undersigned has executed this certificate on the 10th day of Jan.uary, 2012. Woodridg~. College Station IV, LLC, a Delaware limited liability company, By: Woodridge Capital Finance Fund I, LLC, a Delaware limited liability company, its sole member, Exhibit A BCSK METES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED JN THE'J. E. SCOTT LEAGUE, ABSTRACT NO. 50, COLLEGE STATION, BRAZOS COUNTY, TEXAS. SAID TRACT BEING THE REMAINDER OF A CALLED 0.172 ACRE TRACT AS DESCRIBED BY A DEED TO BCSK MANAGEMENT, INC.RECORDED IN VOLUME 7018, PAGE 196 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS. SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT A 5/8 INCH IRON ROD FOUND ON THE SOUTHWEST LINE OF TEXAS AVENUE (I 00' R .. O.W.) MARKING THE NORTH CORNER OF A CALLED 4.5047 ACRE TRACT DESCRIBED.AS TRACT 1 BY A DEED TOTEXAS STUDENT HOUSING CORPORATION RECORDED IN VOLUME 2519,PAGE 202 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, AND THE EAST CORNER OF A CALLED 1.855 ACRE TRACT AS DESCRIBED BY A DEED TO EQI COLLEGE STATION PARTNERSHIP,L.P.RECORDED IN VOLUME 7619, PAGE 141 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS; THENCE:" S47° 41' 22" E ALONG THE SOU'IHWEST LINE OF TEXAS A VENUE FOR A DISTANCE OF 457.46 FEET TO A POINT MARKING THE NORTH CORNER OF SAID REMAINDER OF 0.172 ACRE TRACT AND THE POINT OF BEGINNING OF THIS HEREIN DESCRIBED TRACT; THENCE: S 47° 41' 22" E CONTINUING ALONG THE SOUTHWEST LINE OF TEXAS AVENUE FOR A DISTANCE OF 56.81FEET TO AN "X" FOUND IN CONCRETE MARKING THE TRANSITION BETWEEN THE SOUTHWEST LINE OF TEXAS A VENUE AND THE NORTHWEST LINE OF UNIVERSITY DRIVE (FM 60); THENCE: S 08° 47' 35" E ALONG SAID TRANSITION LINE FOR A DISTANCE OF 23.57 FEET TO AN "X" FOUND IN CONCRETE ON THE NORTHWEST LINE OF UNIVERSITY DRIVE; THENCE: S 41° 43' 03" W ALONG THE NORTHWEST LINE OF UNIVERSITY DRIVE FOR A DISTANCE OF 85.20 FEET TO A POINT MARKING THE SOUTH CORNER OF THIS HEREIN DESCRIBED TRACT, FOR REFERENCE A 5/8TH INCH IRON ROD FOUND ON THE NORTHEAST LINE OF MEADOWLAND STREET (30' R.O.W.) BEARS: S 41° 43' 03" W FOR A DISTANCE OF288.78 FEET; THENCE: N 47° 41' 22" W ALONG THE COMMON LINE OF SAID REMAINDER OF 0.172 ACRE TRACT AND SAID 4.5047 ACRE TRACT FOR A DISTANCE OF 75.00 FEET TO A POINT MARKING THE WEST CORNER OF THIS HEREIN DESCRIBED TRACT; THENCE: N 41° 43' 03" E CONTINUING ALONG THE COMMON LINE OF SAID 4.5047 ACRE TRACT AND SAID REMAINDER OF 0.172 ACRE TRACT FORA DISTANCE OF 100.00 FEET·TO THE POINT OF BEGINNING CONTAINING 0.17 OF AN ACRE OF LAND, MORE OR LESS, AS SURVEYED ON THE GROUND OCTOBER, 2007. • Fidelity National Title Insurance Company Policy Number: 2739843-3029 0WNER'S POLICY OF TITLE INSURANCE (T-1) Issued by Fidelity National Title Insurance Company Any notice of claim and any other notice or statement in writing required to be given the Company under this Policy must be given to the Company at the address shown in Section 18 of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS, FIDELITY NATIONAL TITLE INSURANCE COMPANY, a Ne- braska corporation (the "Company") insures, as of Date of Policy and, to the extent stated in Covered Risks 9 and IO, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of: I. Title being vested other than as stated in Schedule A 2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from: (a) A defect in the Title caused by : (i) forgery, fraud, undue influence, duress, incompetency, incapacity or impersonation; (ii) failure of any person or Entity to have authorized a transfer or conveyance; (i ii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, nota- rized or delivered; (iv) failure to perform those acts necessary to create a document by electronic means authorized by law; (v) a document executed under a falsified, expired or otherwise invalid power of attorney; (vi) a document not properly filed, recorded or indexed in the Public Records including failure to per- form those acts by electronic means authorized by law; or (vii)a defective judicial or administrative proceeding. (b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid. (c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. The term "encroachment" includes encroachments of existing improvements located on the Land onto adjoining land, and en- croachments onto the Land of existing improvements located on adjoining land. (d) Any statutory or constitutional mechanic's, contractor's, or materialman's lien for labor or materials having its inception on or before Date of Policy. 3. Lack of good and indefeasible Title. 4. No right of access to and from the Land. 5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting or relating to: (a) the occupancy, use or enjoyment of the Land; (b) the character, dimensions or location of any improvement erected on the Land; (c) subdivision ofland; or ( d) environmental protection if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to the extent of the violation or enforcement referred to in that notice. 6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice. 7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records. 8. Any taking by a governmental body that bas occurred and is binding on the rights of a purchaser for value 2739843 Owner's Policy ofTitle Insurance (T-1) without Knowledge. 9. Title being vested other than as stated in Schedule A or being defective: (a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency or similar creditors' rights laws; or (b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state insolvency or similar creditors' rights laws by reason of the failure of its recording in the Public Records: (i) to be timely, or (ii) to impart notice of its existence to a purchaser for value or a judgment or lien creditor. 10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks I through 9 that has been created or attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The Company will also pay the costs, attorneys' fees and expenses incurred in defense of any matter insured against by this Policy, but only to the extent provided in the Conditions. Fidelity National Title Fidelity National Title Insurance Company 2739843 260 Three Lincoln Center 5430 LBJ Freeway Dallas, Texas 75240 Phone (972) 770-2121 Fax (972) 770-2112 Authorized Signature By: ATTEST President Secretary Owner's Policy ofTitle Insurance (T-1) FIDELITY NATIONAL TITLE INSURANCE COMPANY PO Box 45023 Jacksonville, FL 32232-5023 OWNER'S POLICY OF TITLE INSURANCE T-1 SCHEDULE A File Number: FTDAL34-FT0000029394 Policy Number: 2739843-3029 Address for Reference only: 410 S. Texas Ave. College Station, Texas Amount of Insurance: $ 6,454,213.49 Premium:$ 27,903.54 Date of Policy: July 7, 2011 at 02: 15 PM 1. Name of Insured: Woodridge College Station I, LLC, a Delaware limited liability company 2. The estate or interest in the Land that is insured by this policy is: Fee Simple: Land Only, Excluding Improvements -Tract 1 Fee Simple -Tract 2 3. Title is insured as vested in: Woodridge College Station I, LLC, a Delaware limited liability company 4. The Land referred to in this policy is described as follows: Tract 1 -LAND ONLY -Excluding Improvements (Hotel Tower Property -410 S. Texas Avenue) METES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE J.E. SCOTT LEAGUE, ABSTRACT NO. 50, COLLEGE STATION, BRAZOS COUNTY, TEXAS. SAID TRACT BEING ALL OF A CALLED 4.65 ACRE TRACT AS DESCRIBED BY A DEED TO CHSC LTD. RECORDED IN VOLUME 8917, PAGE 44 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, AND THE ADJOINING PORTION OF THE ABANDONED PUBLIC RIGHT-OF-WAY OF MEADOWLAND STREET ACCORDING TO COLLEGE STATION ORDINANCE NO. 2010-3232. SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A 5/8th INCH IRON ROD FOUND ON THE SOUTHWEST LINE OF TEXAS AVENUE (100' RO.W.) MARKING THE NORTH CORNER OF SAID 4.65 ACRE TRACT AND THE EAST CORNER OF A CALLED .1.855 ACRE TRACT AS DESCRIBED BY A DEED TO EQI COLLEGE STATION PARTNERSHIP, L.P. RECORDED IN VOLUME 7619, PAGE 141 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS; THENCE: S 47° 41' 22" E ALONG THE SOUTHWEST LINE OF TEXAS AVENUE FOR A DISTANCE OF 457.46 FEET TO A POINT MARKING THE NORTH CORNER OF THE REMAINDER OF A CALLED 0.172 ACRE TRACT AS DESCRIBED BY A DEED TO BCSK MANAGEMENT, INC. RECORDED IN VOLUME 7018, PAGE 196 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, FOR REFERENCE AN "X" FOUND IN CONCRETE MARKING A TRANSITION FROM THE SOUTHWEST LINE OF TEXAS AVENUE TO THE NORTHWEST LINE OF UNIVERSITY DRIVE(FM 60), BEARS: S 47° 41' 22" E FOR A DISTANCE OF 56.81 FEET; THENCE: S 41 ° 43' 03" W ALONG THE COMMON LINE OF SAID 4.65 ACRE TRACT AND SAID REMAINDER OF 0.172 ACRE TRACT FOR A DISTANCE OF 100.00 FEET TO A POINT MARKING THE WEST CORNER OF SAID REMAINDER OF 0.172 ACRE TRACT; FDTX0622.rdw Owner's Policy ofT~le Insurance (T-1) (05/01/08) (Schedule A) File Number: FTDAL34-FT0000029394 Policy Number: 2739843-3029 THENCE: S 47° 41' 22" E CONTINUING ALONG THE COMMON LINE OF SAID 4.65 ACRE TRACT AND SAID REMAINDER OF 0.172 ACRE TRACT FOR A DISTANCE OF 75.00 FEET TO A POINTON THE NORTHWEST LINE OF UNIVERSITY DRIVE MARKING THE SOUTH CORNER OF SAID REMAINDER OF 0.172 ACRE TRACT; THENCE: S 41° 43' 03" W ALONG THE NORTHWEST LINE OF UNIVERSITY DRIVE FOR A DISTANCE OF 288.78 FEET TO A 5/8th INCH IRON ROD FOUND ON THE NORTHEAST LINE OF MEADOWLAND STREET (30' R.O.W.) MARKING THE SOU1H CORNER OF SAID 4.65 ACRE TRACT, FOR REFERENCE A 1/2 INCH IRON ROD FOUND BEARS: N 28° 19' 17" E FOR A DISTANCE OF 2.38 FEET; THENCE: S 41° 39' 11" W CONTINUING ALONG THE NORTHWEST LINE OF UNIVERSITY DRIVE FOR A DISTANCE OF 15.00 FEET TO THE SOUTH CORNER OF THE HEREIN DESCRIBED TRACT; THENCE: N 48° 41' 06" W ALONG THE CENTERLINE OF MEADOWLAND STREET FOR A DISTANCE OF 224. 72 FEET; THENCE: N 49° 08' 30" W CONTINUING ALONG THE CENTERLINE OF MEADOWLAND STREET FOR A DISTANCE OF 306.09 FEET TO THE WEST CORNER OF THIS HEREIN DESCRIBED TRACT; THENCE: N 41° 29' 06" E THROUGH MEADOWLAND STREET, AT 14.31 FEET PASS THE COMMON CORNER OF SAID 4.65 ACRE TRACT AND SAID 1.855 ACRE TRACT, CONTINUE ON ALONG THE COMMON LINE OF SAID 4.65 ACRE TRACT AND SAID 1.855ACRE TRACT FOR A TOTAL DISTANCE OF 415.46 FEET TO THE POINT OF BEGINNING CONTAINING 4.82 ACRES OF LAND, MORE OR LESS, AS SURVEYED ON THE GROUND. Tract 2 METES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE J.E. SCOTT LEAGUE, ABSTRACT NO. 50, COLLEGE STATION, BRAZOS COUNTY, TEXAS. SAID TRACT BEING A PORTION OF LOTS 3 AND 5, MEADOWLAND ADDITION , ACCORDING TO THE PLAT RECORDED IN VOLUME 94, PAGE 279 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS, SAID PORTION OF LOTS 3 AND 5 BEING THE SAME TRACT OF LAND AS DESCRIBED BY A DEED TO LEONARD M. ROSS REVOCABLE TRUST RECORDED IN VOLUME 7564, PAGE 208 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, AND THE ADJOINING PORTION OF THE ABANDONED PUBLIC RIGHT-OF-WAY OF MEADOWLAND STREET ACCORDING TO COLLEGE STATION ORDINANCE NO. 2010-3232. SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A Y2 INCH IRON ROD FOUND ON THE SOUTHWEST LINE OF MEADOWLAND STREET MARKING THE EAST CORNER OF SAID ROSS TRACT AND THE NORTH CORNER OF A CALLED TRACT OF LAND AS DESCRIBED BY A DEED TO 7-D INVESTMENTS RECORDED IN VOLUME 1601, PAGE 138 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS; THENCE: S 41° 37' 44" W THROUGH SAID LOT 3 AND ALONG THE COMMON LINE OF SAID ROSS TRACT AND SAID 7-D INVESTMENTS TRACT FOR A DISTANCE OF 50.05 FEET TO A Y2 INCH IRON ROD FOUND ON THE NORTHEAST LINE OF A CALLED TRACT OF LAND AS DESCRIBED BY A DEED TO ROSSCO HOLDINGS RECORDED IN VOLUME 6173, PAGE 128 OF THE OFFICIAL PUBUC RECORDS OF BRAZOS COUNTY, TEXAS, SAID IRON ROD FOUND BEING ON THE COMMON LINE OF SAID LOT 3 AND LOT 2, MEADOWLAND ADDITION; THENCE: N 48° 19' 24" W ALONG THE COMMON LINE OF SAID LOT 3 AND LOT 2 AND THROUGH SAID LOT 5 SAME BEING THE COMMON LINE OF SAID ROSS TRACT AND SAID ROSSCO HOLDINGS TRACT, FOR A FDTX0622.rdw Owner's Policy of Title Insurance (T-1) (05/01 /08) (Schedule A) File Number: FTDAL34-FT0000029394 Policy Number: 2739843-3029 DISTANCE OF 71 .37 FEET TO AN "X" FOUND IN CONCRETE MARKING THE WEST CORNER OF SAID ROSS TRACT; THENCE: N 41 ° 39' 11" E CONTINUING ALONG THE COMMON LINE OF SAID ROSS TRACT AND SAID ROSSCO HOLDINGS TRACT AND THROUGH SAID LOT 5, FOR A DISTANCE OF 50.05 FEET TO AN "X" FOUND IN CONCRETE ON THE SOUTHWEST LINE OF MEADOWLAND STREET MARKING THE NORTH CORNER OF SAID ROSS TRACT; THENCE: THROUGH MEADOWLAND STREET FOR THE FOLLOWING CALLS: N 41 ° 39' 11" E FOR A DISTANCE OF 13.97 FEET; S 48° 41' 06" E FOR A DISTANCE OF 71 .34 FEET; S 41 ° 37' 44" W FOR A DISTANCE OF 14.43 FEET TO THE POINT OF BEGINNING CONTAINING 0 .105 OF AN ACRE OF LAND MORE OR LESS,AS SURVEYED ON THE GROUND OCTOBER, 2007. NOTE: COMPANY DOES NOT REPRESENT THAT THE ABOVE ACREAGE AND/OR SQUARE FOOTAGE CALCULATIONS ARE CORRECT. FDTX0622.rdw Owner's Policy of Title Insurance (T-1) (05/01/08) (Schedule A) SCHEDULE 8 File Number: FTDAL34-FT0000029394 Policy Number: 2739843-3029 EXCEPTIONS FROM COVERAGE This Policy does not insure against loss or damage (and the Company will not pay costs, attorney's fees or expenses) that arise by reason of the terms and conditions of the leases or easements insured, if any, shown in Schedule A and the following matters: 1. The following restrictive covenants of record itemized below (We must either insert specific recording data or delete this exception): Item No. 1, Schedule B, is hereby deleted. 2. Shortages in area. 3. Homestead or community property or survivorship rights, if any, of any spouse of any insured. (Applies to the Owner Policy only.) 4. Any titles or rights asserted by anyone, including, but not limited to, persons, the public, corporations, governments or other entities, a. to tidelands, or lands comprising the shores or beds of navigable or perennial rivers and streams, lakes, bays, gulfs or oceans, or b. to lands beyond the line of the harbor or bulkhead lines as established or changed by any government, or c. to filled-in lands, or artificial islands, or d. to statutory water rights, including riparian rights, or e. to the area extending from the line of mean low tide to the line of vegetation, or the rights of access to that area or easement along and across that area. (Applies to the Owner Policy only.) 5. Standby fees, taxes, and assessments by any taxing authority for the year 2011, and subsequent years; and subsequent taxes and assessments by any taxing authority for prior years due to change in land usage or ownership, but not those taxes or assessments for prior years because of an exemption granted to a previous owner of the property under Section 11.13, Texas Tax Code, or because of improvements not assessed for a previous tax year. 6. The following matters and all terms of the documents creating or offering evidence of the matters (We must insert matters or delete this exception.): a. A deed of trust to secure an indebtedness in the amount shown below, Amount: $3,208,256.05 Dated: July 6, 2011 Trustor/Grantor: Woodridge College Station I, LLC, a Delaware limited liability company Trustee: David B. Giles Beneficiary: RPM Investments, Inc., a California corporation, as qualified intermediary for CHSC, Ltd ., a Texas limited partnership Recording Date: July 7, 2011 Recording No: Document No. 2011-1095681 (Volume 10243, Page 1 ), Official Public Records, Brazos County, Texas (Tract One) b. Rights of tenants, as tenants only without option or right of first refusal to purchase all or any portion of the land, under unrecorded leases or rental agreements. FORM T-1 : Owner's Policy ofnle Insurance (Schedule B) File Number: FTDAL34-FT0000029394 c. Utility Easement: From: To: Dated: Recorded: (Tract 1) d. Easement: From: To: Dated: Recorded: (Tract 1) e. Easement: From: To: Dated: Recorded: (Tract 1) f. Memorandum of Lease: Lessor: Lessee: Dated: Recorded: Subordination: Dated: Recorded: Assignment Dated: Recorded: (Tract 1) SCHEDULE B (Continued) Ramada Inn, Inc. City of College Station November 5, 1984 Policy Number: 2739843-3029 Volume 740, Page 373, Official Records, Brazos County, Texas. Lodgeco Properties, ltd. City of College Station July 19, 1989 Volume 1130, Page 761, Official Records, Brazos County, Texas. Texas Student Housing Corporation City of College Station October 15, 1996 Volume 2709, Page 139, Official Records, Brazos County, Texas. CHSC, ltd. Lodgeco Properties, Ltd. January 2, 2009 Volume 8917, Page 81 , Official Records, Brazos County, Texas. Decembe 2, 2010 Volume 9947, Page 1, Official Records, Brazos County, Texas July 6, 2011 Volume 10242, Page 261 , Official Records, Brazos County, Texas g. Estate described herein covers land only and excludes all improvements located on said property. (Tract 1) h. Ordinance #2010-3232 (Removing public right of way over a Portion of Meadowland Street and Reserving Access & Public Utility Rights): Dated: Recorded: (Tracts 1 and 2) January 28, 2010 Volume 9673, Page 288, Official Records, Brazos County, Texas. FORM T-1: Owner's Policy ofTitle Insurance (Schedule 8) File Number: FTDAL34-FT0000029394 i. Mineral Deed: SCHEDULE B (Continued) By: Joe A. Ferreri, Inc. To: Joe A. Ferreri Dated: November 10, 1982 Policy Number: 2739843-3029 Recorded: Volume 546, Page 187, Deed Records, Brazos County, Texas. Title to said interest has not been investigated subsequent to the date of the aforesaid instrument. (Tract 1) j. All, leases, grants, exceptions or reservations of coal, lignite, oil, gas and other minerals, together with all rights, privileges, and immunities relating thereto, appearing in the Public Records whether listed in Schedule B or not. There may be leases, grants, exceptions or reservations of mineral interest that are not listed. (Tracts 1 and 2) k. 25' building line on the northeast and southeast sides; 15' building line on the southwest side; 7.5' building line on the the northwest side; as sown on survey prepared on February 9, 2011 , under the supervision of Brad Kerr, RPLS No. 4502 (Tract 1) I. Encroachment of existing 2 story brick and wood building into the 15' building line on the southwest and the 7.5' building line on the northwest sides of the property, as shown on survey prepared on February 9, 2011 , under the supervision of Brad Kerr, RPLS No. 4502. (Tract 1) m. Oil and Gas Lease, and all terms, conditions and stipulations therein : Lessor: Roy E. Hobson and Wanda Kelsey Hobson Lessee: North Central Oil Corporation Dated: April 19, 1983 Recorded: Volume 85, Page 792 , Oil & Gas Lease Records, Brazos County, Texas. Title to said interest has not been investigated subsequent to the date of the aforesaid instrument. (Tract 2) n. 25' building line on the northeast side; 15' building line on the southwest; 7.5' building line on the northwest and southeast sides; as shown on survey prepared on October 18, 2007, under the supervision of Brad Kerr, RPLS N. 4502. (Tract 2) o. Encroachment of existing building into the 25' building line on the northeast side, the 15' building line on the southwest side; and the 7.5' building line on the northwest and southeast sides of the property, as shown on survey prepared on February 7, 2011, under the supervision of Brad Kerr, RPLS No. 4502. (Tract 2) FORM T-1 : Owner's Policy of Title Insurance (Schedule B) File Number: FTDAL34-FT0000029394 SCHEDULE 8 (Continued) p. Deed of Trust to secure a Note: Granter: Trustee: Beneficiary: Amount: Dated: CHSC, Ltd. Harvey Brookstein HAR-Bronson Diversified, LLC $2,500,000.00 December 2, 2010 Policy Number: 2739843-3029 Recorded: Volume 9947, Page 00035, Official Records, Brazos County, Texas. Modification and Extension of Note and Lien: Dated: July 6, 2011 Recorded: Volume 10243, Page 13, Official Records, Brazos County, Texas q. Section 14 of the Conditions of this policy is hereby deleted. FORM T-1: Owner's Policy of Title Insurance (Schedule B) Office File Number Policy Jacket Number Date of Endorsement Amount of Insurance Type Premium FTDAL34-FT0000029394 2739843-3029 July 7, 2011 14 15EN 1'6 $2,847.30 RESTRICTIONS, ENCROACHMENTS, MINERALS ENDORSEMENT- OWNER POLICY (T-19.1) Attached to and made a part of Policy No. 2739843-3029 Issued By Fidelity National Title Insurance Company Code Rule 19 0411 I R-11h The Company insures against loss or damage sustained by the Insured by reason of: 1. The existence, al Dale of Policy, of any of the following unless expressly excepted in Schedule B: a. Present violations on the Land of any enforceable covenants, conditions, or restrictions, or any existing improvements on the Land that violate any building setback lines shown on a plat of subdivision recorded or filed in the Public Records. b. Any instrument referred to in Schedule Bas containing covenants, conditions, or restrictions on the Land that, in addition, (i) establishes an easement on the Land; (ii) provides for an option to purchase, a right of first refusal, or the prior approval of a future purchaser or occupant, or (iii) provides a right of reentry, possibility of reverter, or right of forfeiture because of violations on the Land of any enforceable covenants, conditions or restrictions. c. Any encroachment of existing improvements located on the Land onto adjoining land, or any encroachment onto the Land of existing improvements located on adjoining land. d. Any encroachment of existing improvements located on the Land onto that portion of the Land subject lo any easement excepted in Schedule B. e. Any notices of violation of covenants, conditions, or restrictions relating lo environmental protection recorded or filed in the Public Records. 2. Damage to existing buildings that are located on or encroach upon that portion of the Land subject to any easement excepted in Schedule B, which damage results from the exercise of the right to maintain the easement for the purpose for which ii was granted or reserved. 3. Damage lo improvements (excluding lawns, shrubbery, or trees) located on the Land on or after Dale of Policy resulting from the future exercise of any right existing al Date of Policy lo use the surface of the Land for the extraction or development of minerals excepted from the description of the Land or excepted in Schedule B. 4. Any final court order or judgment requiring the removal from any land adjoining the Land of any encroachment, other than fences, landscaping, or driveways, excepted in Schedule B. 5. Any final court order or judgment denying the right to maintain any existing building on the Land because of any violation of covenants, conditions, or restrictions, or building setback lines shown on a plat of subdivision recorded or filed in the Public Records. Wherever in this endorsement the words "covenants, conditions, or restrictions" appear, they do not include the terms, covenants, conditions, or limitations contained in an instrument creating a lease. As used in paragraphs 1.a. and 5, the words "covenants, conditions, or restrictions" do not include any covenants, conditions, or restrictions (a) relating to obligations of any type lo perform maintenance, repair, or remediation on the Land, or (b) pertaining lo environmental protection of any kind or nature, including hazardous or toxic matters, conditions, or substances, except to the extent that a notice of a violation or alleged violation affecting the Land has been recorded or filed in the Public Records at Dale of Policy and is not excepted in Schedule B. This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements. F DEL TY NAT ONAl T TlE INSURANCE CO. By: Aut~ ed Signature FIDELITY NATIONAL TITLE INSURANCE COMPANY ENDORSEMENT Restrictions, Encroachments, Minerals Endorsement Texas Form T-19.1 Office File Number P Jacl<et Number Date ol Endorsement Amount of Insurance T Premium Code Rule 5 6 9 FTDAL34-FT0000029394 2739843-3029 July 7, 2011 EN $100.00 0411 R-11h ACCESS ENDORSEMENT T-23 Attached to and made a part of Policy No. 2739843-3029 Issued by FIDELITY NATIONAL TITLE INSURANCE COMPANY The Company insures against loss or damage sustained by the insured if, at Date of Policy: (i) the land does not abut and have both actual vehicular and pedestrian access to and from Meadowland Street and University Drive as to Tract One and Two; Texas Avenue as to Tract One (the "Street"). This endorsement is made a part of the policy. Except as it expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements. f DEUTY NAT ONAL T TlE INSURANCE CO. By' k~~ Authorized Signature FIDELITY NATIONAL TITLE INSURANCE COMPANY ENDORSEMENT Access Endorsement Texas Form T-23 (Effective 4-1-04) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay los.s or damage, costs, attorneys' fees or expenses that arise by reason of: I. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting or relating to: (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions or location of any improvement erected on the Land; (ili) subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances or governmental regulations. This Exclusion l(a) does not modify or limit the coverage provided lll!der Covered Risk 5. (b) Any governmental police power. This Exclusion I (b) does not modify or limit the coverage provided lll!der Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encwnbrances, adverse claims or other matters: (a) created, suffered, assumed or ag=d to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and notdisclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; ( c) resulting in no los.s or damage to the Insured Claimant; ( d) attaching or created subsequent to Date of Policy (bowever, this does not modify or limit the coverage provided under Covered Risk 9 and IO); or ( e) resulting in los.s or damage that would not have been sustained if the Insurod Claimant had paid value for the Title. 4. Any claim, by reason of the operation offederal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in ScbeduleA, is: (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date orPolicy and the dale of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. 6. The refusal of any person to purchase, lease or lend money on the estate or interest covered hereby in the land described in Schedule A because of Unmarketable Title. CONDITIONS 1. DEFINITION OF TERMS. The following terms when used in this policy mean: (a) "Amount of Insurance": the amount stated in Schedule A, as may be increased or decreased by endorsement to this policy, increased by Section 8(b), or de- creased by Sections I 0 and 11 of these Conditions. (b) "Date of Policy": The date designated as "Date of Policy" in Schedule A. (c) "Entity": A corporation, partnership, trust, limited liability company or other similar legal entity. (d) "Insured": the Insured named in Schedule A. (i) The term "Insured" also includes: (A) successors to the Title of the Insured by operation oflaw as distin- guished from purchase, including heirs, devisees, survivors, per- sonal representatives or next of kin; (B) successors to an Insured by dissolution, merger, consolidation, dis- tribution or reorganization; (C) successors to an Insured by its conversion to another kind of En- tity; (D) a grantee ofan Insured under a deed delivered without payment of actual valuable consideration conveying the Title; (1) If the stock, shares, memberships, or other equity interests of the grantee are wholly-owned by the named Insured, (2) If the grantee wholly owns the named Insured, (3) If the grantee is wholly-owned by an affiliated Entity of the named Insured, provided the affiliated Entity and the named Insured are both wholly-owned by the same person or En- tity, or (4) If the grantee is a trustee or beneficiary ofa trust created by a written instrument established by the Insured named in Schedule A for estate planning purposes. (ii) With regard to (A), (B), (C) and (D) reserving, however, all rights and defenses as to any successor that the Company would have had against any predecessor Insured. (e) "Insured Claimant": an Insured claiming loss or damage. (f) "Knowledge" or "Known": actual knowledge, not constructive knowledge or notice that may be imputed to an Insured by reason of the Public Records or any other records that impart constructive notice of matters affecting the Title. (g) "Land": the land described in Schedule A, and affixed improvements that by law constitute real property. The term "Land" does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but this does not modify or limit the extent that a right of access to and from the Land is insured by this policy. (h) "Mortgage": mortgage, deed of trust, trust deed, or other security instrument, including one evidenced by electronic means authorized by law. (i) "Public Records": records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. With respect to Covered Risk 5( d), "Public Records" shall also include environmental pro- tection liens filed in the records of the clerk of the United States District Court for the district where the Land is located. (j) "Title": the estate or interest described in Schedule A. (k) "Unmarketable Title": Title affected by an alleged or apparent matter that 2739843 would permit a prospective purchaser or lessee of the Title or lender on the Title to be released from the obligation to purchase, lease or lend if there is a contractual condition requiring the delivery of marketable title. 2. CONTINUATION OF INSURANCE. The coverage of this policy shall continue in force as of Date of Policy in favor of an Insured, but only so long as the Insured retains an estate or interest in the Land, or holds an obligation secured by a purchase money Mortgage given by a purchaser from the Insured, or only so long as the Insured shall have liability by reason of warranties in any transfer or conveyance of the Title. This policy shall not continue in force in favor of any purchaser from the Insured of either (i) an estate or interest in the Land, or (ii) an obligation secured by a purchase money Mortgage given to the Insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT. The Insured shall notify the Company promptly in writing (i) in case of any litiga- tion as set forth in Section 5(a) below, or (ii) in case Knowledge shall come to an Insured hereunder of any claim of title or interest that is adverse to the Title, .as insured, and that might cause loss or damage for which the Company may be liable by virtue of this policy. If the Company is prejudiced by the failure of the Insured Claimant to provide prompt notice, the Company's liability to the Insured Claimant under the policy shall be reduced to the extent of the prejudice. When, after the Date of the Policy, the Insured notifies the Company as required herein of a lien, encumbrance, adverse claim or other defect in Title insured by this policy that is not excluded or excepted from the coverage of this policy, the Com- pany shall promptly investigate the charge to determine whether the lien, encum- brance, adverse claim or defect or other matter is valid and not barred by law or statute. The Company shall notify the Insured in writing, within a reasonable time, of its determination as to the validity or invalidity of the lnsured's claim or charge under the policy. If the Company concludes that the lien, encwnbrance, adverse claim or defect is not covered by this policy, or was otherwise addressed in the closing of the transaction in connection with which this policy was issued, the Com- pany shall specifically advise the Insured of the reasons for its determination. If the Company concludes that the lien, encumbrance, adverse claim or defect is valid, the Company shall take one of the following actions: (i) institute the necessary proceedings to clear the lien, encumbrance, adverse claim or defect from the Title as insured; (ii) indemnify the Insured as provided in this policy; (iii) upon payment of appropriate premium and charges therefore, issue to the Insured Claimant or to a subsequent owner, mortgagee or holder of the estate or interest in the Land insured by this policy, a policy of title insurance without exception for the lien, encum- brance, adverse claim or defect, said policy to be in an amount equal to the current value of the Land or, if a loan policy, the amount of the loan; (iv) indemnify another title insurance company in connection with its issuance of a policy(ies) of title insurance without exception for the lien, encumbrance, adverse claim or defect; (v) secure a release or other document discharging the lien, encumbrance, adverse claim or defect; or (vi) undertake a combination of (i) through (v) herein. 4. PROOF OF LOSS. In the event the Company is unable to determine the amount ofloss or damage, the Company may, at its option, require as a condition of payment that the Insured Claimant furnish a signed proof of loss. The proof of loss must describe the defect, lien, encumbrance or other matter insured against by this policy that constitutes the Owner's Policy ofTitle Insurance (T-1 ) EXCLUSIONS FROM COVERAGE The following matters arc expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' foes or expenses that arise by reason of: l. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prolubiting or relating to: (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions or location of any improvement erected on the Land; (iii) subdivision ofland; or (iv) environmental protection; or the effect of any violation of these laws, ordinances or governmental regulations. This Exclusion l(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion I (b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public RecordsatDateofPolicy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Oaimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 1 O); or ( e) resulting in loss or damage that would not have been sustained if the Insured Claimant bad paid value for the Title. 4. Any claim, by reason of the operation offcderal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is: (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. 6. The refusal of any pcr.;on to purchase, lease or lend money on the estate or interest covered hereby in the land descnbed in Schedule A because of Unmarketable Title. CONDITIONS 1. DEFINITION OF TERMS. The following terms when used in this policy mean: (a) "Amount ofinsurance": the amount stated in Schedule A, as may be increased or decreased by endorsement to this policy, increased by Section 8(b ), or de- creased by Sections I 0 and 11 of these Conditions. (b) "Date of Policy": The date designated as "Date of Policy" in Schedule A. (c) "Entity": A corporation, partnership, trust, limited liability company or other similar legal entity. (d) "Insured": the Insured named in Schedule A. (i) The term "Insured" also includes: (A) successors to the Title of the Insured by operation oflaw as distin- guished from purchase, including heirs, dcvisccs, survivors, per- sonal representatives or next of kin; (B) successors to an Insured by dissolution, merger, consolidation, dis- tribution or reorganization; (C) successors to an Insured by its conversion to another kind of En- tity; (D) a grantee of an Insured under a deed delivered without payment of actual valuable consideration conveying the Title; (I) If the stock, shares, memberships, or other equity interests of the grantee are wholly-owned by the named Insured, (2) If the grantee wholly owns the named Insured, (3) If the grantee is wholly-owned by an affiliated Entity of the named Insured, provided the affiliated Entity and the named Insured arc both wholly-owned by the same person or En- tity, or (4) If the grantee is a trustee or beneficiary of a trust created by a written instrument established by the Insured named in Schedule A for estate planning purposes. (ii) With regard to (A), (B), (C) and (D) reserving, however, all rights and defenses as to any successor that the Company would have had against any predecessor Insured. (e) "Insured Claimant": an Insured claiming loss or damage. (f) "Knowledge" or '.'Known": actual knowledge, not constructive knowledge or notice that may be imputed to an Insured by reason of the Public Records or any other records that impart constructive notice of matters affecting the Title. (g) "Land": the land described in Schedule A, and affixed improvements that by law constitute real property. The term "Land" docs not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but this docs not modify or limit the extent that a right of access to and from the Land is insured by this policy. (h) "Mortgage": mortgage, deed of trust, trust deed, or other security instrument, including one evidenced by electronic means authorized by law. (i) "Public Records": records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. With respect to Covered Risk 5( d), "Public Records" shall also include environmental pro- tection liens filed in the records of the clerk of the United States District Court for the district where the Land is located. (j) "Title": the estate or interest described in Schedule A. (k) "Unmarketable Title": Title affected by an alleged or apparent matter that 2739843 would permit a prospective purchaser or lessee of the Title or lender on the Title to be released from the obligation to purchase, lease or lend if there is a contractual condition requiring the delivery of marketable title. 2. CONTINUATION OF INSURANCE. The coverage of this policy shall continue in force as of Date of Policy in favor of an Insured, but only so long as the Insured retains an estate or interest in the Land, or holds an obligation secured by a purchase money Mortgage given by a purchaser from the Insured, or only so long as the Insured shall have liability by reason of warranties in any transfer or conveyance of the Title. This policy shall not continue in force in favor of any purchaser from the Insured of either (i) an estate or interest in the Land, or (ii) an obligation secured by a purchase money Mortgage given to the Insured. 3. NOTICE OF CLAIM TO BE GIVE BY INSURED CLAIMANT. The Insured shall notify the Company promptly in writing (i) in case of any litiga- tion as set forth in Section 5(a) below, or (ii) in case Knowledge shall come to an Insured hereunder of any claim of title or interest that is adverse to the Title, .as insured, and that might cause loss or damage for which the Company may be liable by virtue of this policy. If the Company is prejudiced by the failure of the Insured Claimant to provide prompt notice, the Company's liability to the Insured Claimant under the policy shall be reduced to the extent of the prejudice. When, after the Date of the Policy, the Insured notifies the Company as required herein of a lien, encumbrance, adverse claim or other defect in Title insured by this policy that is not excluded or excepted from the coverage of this policy, the Com- pany shall promptly investigate the charge to determine whether the lien, encum- brance, adverse claim or defect or other matter is valid and not barred by law or statute. The Company shall notify the Insured in writing, within a reasonable time, of its determination as to the validity or invalidity of the lnsured's claim or charge under the policy. If the Company concludes that the lien, encumbrance, adverse claim or defect is not covered by this policy, or was otherwise addressed in the closing of the transaction in connection with which this policy was issued, the Com- pany shall specifically advise the Insured of the reasons for its determination. Ifthe Company concludes that the lien, encumbrance, adverse claim or defect is valid, the Company shall take one of the following actions: (i) institute the necessary proceedings to clear the lien, encumbrance, adverse claim or defect from the Title as insured; (ii) indemnify the Insured as provided in this policy; (iii) upon payment of appropriate premium and charges therefore, issue to the Insured Claimant or to a subsequent owner, mortgagee or holder of the estate or interest in the Land insured by this policy, a policy of title insurance without exception for the lien, encum- brance, adverse claim or defect, said policy to be in an amount equal to the current value of the Land or, if a loan policy, the amount of the loan; (iv) indemnify another title insurance company in connection with its issuance of a policy(ies) of title insurance without exception for the lien, encumbrance, adverse claim or defect; (v) secure a release or other document discharging the lien, encumbrance, adverse claim or defect; or (vi) undertake a combination of (i) through (v) herein. 4. PROOFOFLOSS. In the event the Company is unable to determine the amount ofloss or damage, the Company may, at its option, require as a condition of payment that the Insured Claimant furnish a signed proof of loss. The proof ofloss must describe the defect, lien, encumbrance or other matter insured against by this policy that constitutes the Owner's Policy ofTitle Insurance (T-1) sured Claimant shall permit the Company o sue, compromise or settle in !lte name'Ofthe Insured Claimant and to use the name of the Insured Claimant in any transaction or litigation involving these rights and remedies. If a payment on account of a claim does not fully cover the loss of the Insured Claimant, the Company shall defer the exercise of its right to recover until after the Insured Claimant shall have recovered its loss. (b) The Company's right of subrogation includes the rights of the Insured to indemnities, guaranties, other policies of insurance or bonds, notwithstand- ing any terms or conditions contained in those instruments that address sub- rogation rights. 14. ARBITRATION. Either the Company or the Insured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Title Association ("Rules"). Except as provided in the Rules, there shall be no joinder or consolidation with claims or controversies of other persons. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Insured arising out of or relating to this policy, any service in connection with its issuance or the breach of a policy provision, or to any other controversy or claim arising out of the transaction giving rise to this policy. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured, unless the Insured is an individual person (as distinguished from an Entity). All arbitrable matters when the Amount of Insurance is in excess of $2,000,000 shall be arbitrated only when agreed to by both the Company and the Insured. Arbitration pursuant to this policy and under the Rules shall be binding upon the parties. Judgment upon the award rendered by theArbitrator(s) may be entered in any court of competent jurisdiction. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT. (a) This policy together with all endorsements, if any, attached to it by the Com- pany is the entire policy and contract between the Insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim ofloss or damage that arises out of the status of the Title or by any action asserting such claim, shall be restricted to this policy. ( c) Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized person, or expressly incorporated by Schedule A of this policy. 2739843 (d) Each endorsement o this policy issued at any time is made a part of this policy and is subject to all of its terms and provisions. Except as the endorse- ment expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsement, (iii) extend the Date of Policy or (iv) increase the Amount of Insurance. Each Commitment, endorsement or other form, or provision in the Schedules to this policy that refers to a term defined in Section l of the Conditions shall be deemed to refer to the term regardless of whether the term is capitalized in the Commitment, endorse- ment or other form, or Schedule. Each Commitment, endorsement or other form, or provision in the Schedules that refers to the Conditions and Stipula- tions shall be deemed to refer to the Conditions of this policy. 16. SEVERABILITY. In the event any provision of this policy, in whole or in part, is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision or such part held to be invalid and all other provisions shall remain in full force and effect. 17. CHOICE OF LAW; FORUM. (a) Choice of Law: The Insured acknowledges the Company has underwritten the risks covered by this policy and determined the premium charged there- fore in reliance upon the law affecting interests in real property and appli- cable to the interpretation, rights, remedies or enforcement of policies of title insurance of the jurisdiction where the Land is located. Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity of claims against the Title that are adverse to the Insured, and in interpreting and enforcing the terms of this policy. In neither case shall the court or arbitrator apply its conflicts oflaws principles to determine the applicable law. (b) Choice ofForum: Any litigation or other proceeding brought by the Insured against the Company must be filed only in a state or federal court within the United States of America or its territories having appropriate jurisdiction. 18. NOTICES, WHERE SENT. Any notice of claim and any other notice or statement in writing required to be given the Company under this Policy must be given to the Company at National Claims Administration, P.O. Box 45023, Jacksonville, FL 32232-5023. Owner's Policy ofTitle Insurance (T-1) IMPORTANT NOTICE To obtain information or make a complaint: You may call Fidelity National Title Insurance Company's toll-free telephone number for information or to make a complaint at: 1-800-252-3439 You may also write to Fidelity National Title Insurance Company at: 10100 San Pedro, Suite 630 San Antonio, TX 78216 You may contact the Texas Department of Insurance to obtain in- formation on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department oflnsurance: P.O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: http://www.tdi.state.tx.us E-mail: ConsumerProtection@tdi.state. tx. us PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the company first. If the dispute is not resolved, you may contact the Texas Department oflnsurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. AVISO IMPORTANTE Para obtener informacion o para someter una queja: Usted puede Hamar al numero de telefono gratis Compania de Seguros de Titulo de Chicago Title para informacion o para someter una queja al: 1-800-252-3439 Usted tambien puede escribir a Compania Seguros de Titulo de Chicago Title 10100 San Pedro, Suite 630 San Antonio, TX 78216 Puede comunicarse con el Departamento de Seguros de Texas para obtener informacion acerca de companias, coberturas, derechos o quejas al: 1-800-252-3439 Puede escribir al Departamento de Seguros de Texas: P.O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: http://www.tdi.state.tx.us E-mail: Consumer Protection@tdi. state. tx. us DISPUTAS SOBRE PRIMAS 0 RECLAMOS: Si tiene una disputa concerniente a su prima o a un reclamo, debe comunicarse con el la compania) primero. Si no se resuelve la disputa, puede entonces comunicarse con el departamento (TDI). UNA ESTE AVISO A SU POLIZA: Este aviso es solo para proposito de informacion y no se convierte en parte o condicion de! documento adjunto. . • Fidelity National Title Insurance Company Policy Number: 2739843-3030 0WNER'S POLICY OF TITLE INSURANCE (T-1) Issued by Fidelity National Title Insurance Company Any notice of claim and any other notice or statement in writing required to be given the Company under this Policy must be given to the Company at the address shown in Section 18 of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS, FIDELITY NATIONAL TITLE INSURANCE COMPANY, a Ne- braska corporation (the "Company") insures, as of Date of Policy and, to the extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of: 1. Title being vested other than as stated in Schedule A. 2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from: (a) A defect in the Title caused by : (i) forgery, fraud, undue influence, duress, incompetency, incapacity or impersonation; (ii) failure of any person or Entity to have authorized a transfer or conveyance; (iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, nota- rized or delivered; (iv) failure to perform those acts necessary to create a document by electronic means authorized by law; (v) a document executed under a falsified, expired or otherwise invalid power of attorney; (vi) a document not properly filed, recorded or indexed in the Public Records including failure to per- form those acts by electronic means authorized by law; or (vii) a defective judicial or administrative proceeding. (b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid. (c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. The term "encroachment" includes encroachments of existing improvements located on the Land onto adjoining land, and en- croachments onto the Land of existing improvements located on adjoining land. (d) Any statutory or constitutional mechanic's, contractor's, or materialman's lien for labor or materials having its inception on or before Date of Policy. 3. Lack of good and indefeasible Title. 4. No right of access to and from the Land. 5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting or relating to: (a) the occupancy, use or enjoyment of the Land; (b) the character, dimensions or location of any improvement erected on the Land; ( c) subdivision of land; or (d) environmental protection if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to the extent of the violation or enforcement referred to in that notice. 6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice. 7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records. 8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value 2739843 Owner's Policy ofTitle Insurance (T-1) .. without Knowledge. 9. Title being vested other than as stated in Schedule A or being defective: (a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency or similar creditors' rights laws; or (b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state insolvency or similar creditors' rights laws by reason of the failure of its recording in the Public Records: (i) to be timely, or (ii) to impart notice of its existence to a purchaser for value or a judgment or lien creditor. 10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A The Company will also pay the costs, attorneys' fees and expenses incurred in defense of any matter insured against by this Policy, but only to the extent provided in the Conditions. Fidelity ational Title Insurance Company Fidelity National Title 260 Three Lincoln Center 5430 LBJ Freeway Dallas, Texas 75240 Phone (972) 770-2121 Fax (972) 770-2112 2739843 By: ATTEST President Secretary Owner's Policy ofTitle Insurance (T-1) FIDELITY NATIONAL TITLE INSURANCE COMPANY PO Box 45023 Jacksonville, FL 32232-5023 OWNER'S POLICY OF TITLE INSURANCE T-1 SCHEDULE A File Number: FTDAL34-FT000002939402 Policy Number: 2739843-3030 Address for Reference only: Multiple Parcels College Station, Texas Amount of Insurance: $ 3,460,857.06 Premium: $ 16, 122.96 Date of Policy: July 7, 2011at02:18 PM 1. Name of Insured: Woodridge College Station II, LLC, a Delaware limited liability company 2. The estate or interest in the Land that is insured by this policy is: Fee Simple 3. Title is insured as vested in: Woodridge College Station 11, LLC, a Delaware limited liability company 4. The Land referred to in this policy is described as follows: TRACT ONE: (127, 125 AND 131 MEADOWLAND) METES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE J.E. scon LEAGUE, ABSTRACT NO. 50, COLLEGE STATION, BRAZOS COUNTY, TEXAS. SAID TRACT BEING ALL OF LOTS 17 THROUGH 19, MEADOWLAND ADDITION, ACCORDING TO THE PLAT RECORDED IN VOLUME 94, PAGE 279 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS, AND THE ADJOINING PORTION OF THE ABANDONED PUBLIC RIGHT-OF-WAY OF MEADOWLAND STREET ACCORDING TO COLLEGE STATION ORDINANCE NO. 2010-3232. SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHEAST LINE OF A CALLED TRACT OF LAND CURRENTLY OWNED BY THE TEXAS A&M UNIVERSITY SYSTEM MARKING THE SOUTH CORNER OF SAID LOT 17 AND THE WEST CORNER OF LOT 16, MEADOWLAND ADDITION; THENCE: N 49° 04' 04" W ALONG THE COMMON LINE OF SAID LOTS 17 THROUGH 19 AND SAID TEXAS A&M TRACT FOR A DISTANCE OF 149.46 FEET TO THE COMMON CORNER OF SAID LOT 19 AND NORTH PARK, ACCORDING TO THE PLAT RECORDED IN VOLUME 465, PGAE 37 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS; THENCE: N 41 ° 27' 11" E ALONG THE COMMON LINE OF SAID LOT 19 AND NORTH PARK, AT 166.83 FEET PASS A MAG NAIL FOUND IN ASPHALT ON THE SOUTHWEST LINE OF MEADOWLAND STREET MARKING THE NORTH CORNER OF SAID LOT 19, CONTINUE ON FOR A TOTAL DISTANCE OF 181 .84 FEET TO THE ORIGINAL CENTERLINE OF MEADOWLAND STREET; THENCE: S 49° 08' 30" E THROUGH MEADOWLAND STREET FOR A DISTANCE OF 149.47 FEET TO THE EAST CORNER OF THIS HEREIN DESCRIBED TRACT; FDTX0622. rdw Owner's Policy of Title Insurance (T-1) (05/01/08) (Schedule A) File Number: FTDAL34-FT000002939402 Policy Number: 2739843-3030 THENCE: S 41° 27' 11" W CONTINUING THROUGH MEADOWLAND STREET AND ALONG THE COMMON LINE OF SAID LOTS 16 AND 17, AT 180.59 FEET PASS A% INCH IRON ROD FOUND, CONTINUE ON FOR A TOTAL DISTANCE OF 182.03 FEET TO THE POINT OF BEGINNING CONTAINING 0.62 OF AN ACRE OF LAND, MORE OR LESS, AS SURVEYED ON THE GROUND. TRACT TWO: (1403 UNIVERSITY) METES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE J.E. SCOTT LEAGUE, ABSTRACT NO. 50, COLLEGE STATION, BRAZOS COUNTY, TEXAS. SAID TRACT BEING ALL OF LOTS 1, 2 AND 4 AND A PORTION OF LOT 5, MEADOWLAND ADDITION, ACCORDING TO THE PLAT RECORDED IN VOLUME 94, PAGE 279 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS, SAID BEING THE SAME TRACT OF LAND AS DESCRIBED BY A DEED TO ROSSCO HOLDINGS RECORDED IN VOLUME 6173, PAGE 128 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, AND THE ADJOINING PORTION OF THE ABANDONED PUBLIC RIGHT-OF-WAY OF MEADOWLAND STREET ACCORDING TO COLLEGE STATION ORDINANCE NO. 2010-3232. SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A% INCH IRON ROD FOUND ON THE NORTHWEST LINE OF UNIVERSITY DRIVE (FM 60) MARKING THE SOUTH CORNER OF SAID LOT 1 AND THE EAST CORNER OF A CALLED TRACT OF LAND CURRENTLY OWNED BY THE TEXAS A&M UNIVERSITY SYSTEM; THENCE: N 49° 04' 04" W ALONG THE COMMON LINE OF SAID LOT 1 AND SAID TEXAS A&M TRACT FOR A DISTANCE OF 224.73 FEET TO THE WEST CORNER OF SAID LOT 4 AND THE SOUTH CORNER OF LOT 6, MEADOWLAND ADDITION; THENCE: N 41 ° 39' 11" E ALONG THE COMMON LINE OF SAID LOT 4 AND 5 AND SAID LOT 6, AT 169.07 FEET PASS A 5/8 INCH IRON ROD FOUND ON THE SOUTHWEST LINE OF MEADOWLAND STREET MARKING THE COMMON CORNER OF SAID LOT 5 AND SAID LOT 6, CONTINUE ON THROUGH MEADOWLAND STREET FOR A TOTAL DISTANCE OF 182.74 FEET TO THE NORTH CORNER OF THIS HEREIN DESCRIBED TRACT; THENCE: S 48° 41 ' 06" E THROUGH MEADOWLAND STREET FOR A DISTANCE OF 49.72 FEET; THENCE: S 41 ° 39' 11" W CONTINUING THROUGH MEADOWLAND STREET, AT 13.97 FEET PASS THE COMMON CORNER OF SAID ROSSCO HOLDINGS TRACT AND A CALLED TRACT OF LAND AS DESCRIBED BY A DEED TO LEONARD M. ROSS REVOCABLE TRACT RECORDED IN VOLUME 7564, PAGE 208 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, CONTINUE ON FOR A TOTAL DISTANCE OF 64.02 FEET TO A 5/8 INCH IRON ROD FOUND MARKING THE WEST CORNER OF SAID ROSS TRACT; THENCE: S 48° 20' 49" E ALONG THE COMMON LINE OF SAID ROSSCO HOLDINGS TRACT AND SAID ROSS TRACT FOR A DISTANCE OF 175.00 FEET TO A 5/8 INCH IRON ROD FOUND ON THE NORTHWEST LINE OF UNIVERSITY DRIVE MARKING THE SOUTH CORNER OF A CALLED TRACT OF LAND AS DESCRIBED BY A DEED TO 7-D INVESTMENTS RECORDED IN VOLUME 1601, PAGE 138 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS; THENCE: S 41 ° 39' 11" W ALONG THE NORTHWEST LINE OF UNIVERSITY DRIVE FOR A DISTANCE OF 116.19 FEET TO THE POINT OF BEGINNING CONTAINING 0.68 OF AN ACRE OF LAND, MORE OR LESS, AS SURVEYED ON THE GROUND OCTOBER, 2007. TRACT THREE: (133 MEADOWLAND) FDTX0622.rdw Owner's Policy ofTltle Insurance (T-1) (05/01/08) (Schedule A) File Number: FTDAL34-FT000002939402 Policy Number: 2739843-3030 METES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE J.E. scon LEAGUE, ABSTRACT NO. 50, COLLEGE STATION, BRAZOS COUNTY, TEXAS. SAID TRACT BEING ALL OF LOT 10, BLOCK 2, NORTH PARK, ACCORDING TO THE PLAT RECORDED IN VOLUME 465, PAGE 37 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS, AND THE ADJOINING PORTION OF THE ABANDONED PUBLIC RIGHT-OF-WAY OF MEADOWLAND STREET ACCORDING TO COLLEGE STATION ORDINANCE NO. 2010-3232. SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A Y2 INCH IRON ROD FOUND ON THE SOUTHWEST LINE OF MEADOWLAND STREET MARKING THE NORTH CORNER OF SAID LOT 10 AND THE EAST CORNER OF LOT 9, BLOCK 2; THENCE: N 41° 29' 51" E THROUGH MEADOWLAND STREET FOR A DISTANCE OF 25.19 FEET TO THE ORIGINAL CENTERLINE OF MEADOWLAND STREET; THENCE: S 49° 08' 30" E CONTINUING THROUGH MEADOWLAND STREET FOR A DISTANCE OF 46.94 FEET TO THE EAST CORNER OF THIS HEREIN DESCRIBED TRACT; THENCE: S 41 ° 27' 11" W CONTINUING THROUGH MEADOWLAND STREET, AT 25.42 FEET PASS A 5/8 INCH IRON ROD FOUND ON THE NORTHWEST LINE OF LOT 19, MEADOWLAND ADDITION, ACCORDING TO THE PLAT RECORDED IN VOLUME 94, PAGE 279 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS, MARKING THE EAST CORNER OF SAID LOT 10, CONTINUE ON ALONG THE COMMON LINE OF SAID LOT 10 AND SAID LOT 19 FOR A TOTAL DISTANCE OF 181 .84 FEET TO THE NORTHEAST LINE OF A CALLED TRACT OF LAND CURRENTLY OWNED BY THE TEXAS A&M UNIVERSITY SYSTEM; THENCE: N 49° 04' 04" W ALONG THE COMMON LINE OF SAID LOT 10 AND SAID TEXAS A&M TRACT FOR A DISTANCE OF 47.08 FEET TO THE COMMON CORNER OF SAID LOT 10 AND LOT 9; THENCE: N 41 ° 29' 51" E ALONG THE COMMON LINE OF SAID LOT 10 AND LOT 9 FOR A DISTANCE OF 156.60 FEET TO THE POINT OF BEGINNING CONTAINING 0.20 OF AN ACRE OF LAND, MORE OR LESS, AS SURVEYED ON THE GROUND. TRACT FOUR: (135 MEADOWLAND) METES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE J.E. scon LEAGUE, ABSTRACT NO. 50, COLLEGE STATION, BRAZOS COUNTY, TEXAS. SAID TRACT BEING ALL OF LOT 9, BLOCK 2, NORTH PARK, ACCORDING TO THE PLAT RECORDED IN VOLUME 465, PAGE 37 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS, AND THE ADJOINING PORTION OF THE ABANDONED PUBLIC RIGHT-OF-WAY OF MEADOWLAND STREET ACCORDING TO COLLEGE STATION ORDINANCE NO. 2010-3232. SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A Y2 INCH IRON ROD FOUND ON THE SOUTHWEST LINE OF MEADOWLAND STREET MARKING THE EAST CORNER OF SAID LOT 9 AND THE NORTH CORNER OF LOT 10, BLOCK 2; THENCE: S 41 ° 29' 51" W ALONG THE COMMON LINE OF SAID LOT 9 AND LOT 10 FOR A DISTANCE OF 156.60 FEET TO THE NORTHEAST LINE OF A CALLED TRACT OF LAND CURRENTLY OWNED BY THE TEXAS A&M UNIVERSITY SYSTEM; THENCE: N 49° 04' 04" W ALONG THE COMMON LINE OF SAID LOT 9 AND SAID TEXAS A&M TRACT FOR A DISTANCE OF 68.01 FEET TO A Y2 INCH IRON ROD FOUND MARKING THE COMMON CORNER OF SAID LOT FDTX0622. rdw Owner's Policy of Title Insurance (T-1) (05/01/08) (Schedule A) File Number: FTDAL34-FT000002939402 Policy Number: 2739843-3030 9 AND LOT 8, BLOCK 2; THENCE: N 41 ° 25' 38" E ALONG THE COMMON LINE OF SAID LOT 9 AND LOT 8, AT 156.52 FEET PASS THE COMMON CORNER OF SAID LOT 9 AND LOT 7, BLOCK 2, CONTINUE ON THROUGH MEADOWLAND STREET FOR A TOTAL DISTANCE OF 181 .69 FEET TO THE ORIGINAL CENTERLINE OF MEADOWLAND STREET; THENCE: S 49° 08' 30" E THROUGH MEADOWLAND STREET FOR A DISTANCE OF 68.23 FEET TO THE EAST CORNER OF THIS HEREIN DESCRIBED TRACT; THENCE: S 41° 29' 51 " W CONTINUING THROUGH MEADOWLAND STREET FOR A DISTANCE OF 25.19 FEET TO THE POINT OF BEGINNING CONTAINING 0.28 OF AN ACRE OF LAND, MORE OR LESS, AS SURVEYED ON THE GROUND. TRACT FIVE: (136 MEADOWLAND) METES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE J.E. SCOTT LEAGUE, ABSTRACT NO. 50, COLLEGE STATION, BRAZOS COUNTY, TEXAS. SAID TRACT BEING ALL OF LOT 5, NORTH PARK, SECTION II, ACCORDING TO THE PLAT RECORDED IN VOLUME 494, PAGE 543 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS, AND THE ADJOINING PORTION OF THE ABANDONED PUBLIC RIGHT-OF-WAY OF MEADOWLAND STREET ACCORDING TO COLLEGE STATION ORDINANCE NO. 2010-3232. SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A Y2 INCH IRON ROD FOUND ON THE SOUTHWEST LINE OF LODGECO SUBDIVISION, ACCORDING TO THE PLAT RECORDED IN VOLUME 1996, PAGE 331 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, MARKING THE EAST CORNER OF SAID LOT 5 AND THE NORTH CORNER OF LOT 4, NORTH PARK, SECTION II; THENCE: S 40° 53' 51" W ALONG THE COMMON LINE OF SAID LOT 5 AND LOT 4, AT 120.09 FEET PASS A 5/8 INCH IRON ROD FOUND ON THE NORTHEAST LINE OF MEADOWLAND STREET MARKING THE SOUTH CORNER OF SAID LOT 5, CONTINUE ON FOR A TOTAL DISTANCE OF 135.21 FEET TO THE CENTERLINE OF MEADOWLAND STREET; THENCE: N 49° 08' 30" W THROUGH MEADOWLAND STREET FOR A DISTANCE OF 51 .50 FEET TO THE WEST CORNER OF THIS HEREIN DESCRIBED TRACT; THENCE: N 40° 52' 23" E CONTINUING THROUGH MEADOWLAND STREET FOR A DISTANCE OF 15.22 FEET TO A Y2 INCH IRON ROD FOUND MARKING THE WEST CORNER OF SAID LOT 5 AND THE SOUTH CORNER OF TEXIAN INN ADDITION ACCORDING TO THE PLAT RECORDED IN VOLUME 706, PAGE 201 OF THE OFFICIAL RECORDS OF BRAZOS COUNTY, TEXAS; THENCE: N 41 ° 22' 30" E ALONG THE COMMON LINE OF SAID LOT 5 AND TEXIAN INN ADDITION FOR A DISTANCE OF 119.99 FEET TO A 5/8 INCH IRON ROD FOUND MARKING THE NORTH CORNER OF SAID LOT 5 AND THE WEST CORNER OF LODGECO SUBDIVISION; THENCE: S 49° 11' 22" E ALONG THE COMMON LINE OF SAID LOT 5 AND LODGECO SUBDIVISION FOR A DISTANCE OF 50.51 FEET TO THE POINT OF BEGINNING CONTAINING 0.16 OF AN ACRE OF LAND, MORE OR LESS, AS SURVEYED ON THE GROUND. FDTX0622.rdw Owner's Policy ofTitle Insurance (T-1) (05/01/08) (Schedule A) File Number: FTDAL34-FT000002939402 Policy Number: 2739843-3030 TRACT SIX: (137 MEADOWLAND) METES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE J.E. SCOTT LEAGUE, ABSTRACT NO. 50, COLLEGE STATION, BRAZOS COUNTY, TEXAS. SAID TRACT BEING ALL OF LOT 7, BLOCK 2, NORTH PARK, ACCORDING TO THE PLAT RECORDED IN VOLUME 465, PAGE 37 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS, AND THE ADJOINING PORTION OF THE ABANDONED PUBLIC RIGHT-OF-WAY OF MEADOWLAND STREET ACCORDING TO COLLEGE STATION ORDINANCE NO. 2010-3232. SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A% INCH IRON ROD FOUND ON THE SOUTHWEST LINE OF MEADOWLAND STREET MARKING THE NORTH CORNER OF SAID LOT 7 AND THE NORTHEAST CORNER OF LOT 8, BLOCK 2; THENCE: S 49° 07' 37" E ALONG THE SOUTHWEST LINE OF MEADOWLAND STREET FOR A DISTANCE OF 24.09 FEET' THENCE: N 40° 52' 23" E THROUGH MEADOWLAND STREET FOR A DISTANCE OF 25.15 FEET TO THE ORIGINAL CENTERLINE OF MEADOWLAND STREET; THENCE: S 49° 08' 30" E CONTINUING THROUGH MEADOWLAND STREET FOR A DISTANCE OF 47.84 FEET TO THE EAST CORNER OF THIS HEREIN DESCRIBED TRACT; THENCE: S 41° 25' 38" W CONTINUING THROUGH MEADOWLAND STREET, AT 25.17 FEET PASS THE EAST CORNER OF SAID LOT 7 AND THE NORTH CORNER OF LOT 9, BLOCK 2, CONTINUE ON ALONG THE COMMON LINE OF SAID LOT 7 AND LOT 9 FOR A TOTAL DISTANCE OF 105.65 FEET TO THE SOUTH CORNER OF SAID LOT 7; THENCE: N 49° 19' 54" W ALONG THE COMMON LINE OF SAID LOT 7 AND SAID LOT 8 FOR A DISTANCE OF 71 .84 FEET TO AN "X" FOUND IN CONCRETE MARKING THE WEST CORNER OF SAID LOT 7; THENCE: N 41 ° 32' 01" E CONTINUING ALONG THE COMMON LINE OF SAID LOT 7 AND LOT 8 FOR A DISTANCE OF 80.74 FEET TO THE POINT OF BEGINNING CONTAINING 0.16 OF AN ACRE OF LAND, MORE OR LESS, AS SURVEYED ON THE GROUND. TRACT SEVEN: (139 MEADOWLAND) Lot Eight (8), Block Two (2), North Park, City of College Station, according to plat thereof recorded in Volume 465, Page 37 of the Deed Records of Brazos County, Texas. TRACT EIGHT: (141 MEADOWLAND) Lot Five (5), Block Two (2), North Park, City of College Station, according to plat thereof recorded in Volume 465, Page 37 of the Deed Records of Brazos County, Texas. TRACT NINE: (143 MEADOWLAND) Lot Six (6), Block Two (2), North Park, City of College Station, according to plat thereof recorded in Volume 465, Page 37 of the Deed Records of Brazos County, Texas. TRACT TEN: (145 MEADOWLAND) FDTX0622.rdw Owner's Policy ofTttle Insurance (T-1) (05/01/08) (Schedule A) File Number: FTDAL34-FT000002939402 Pol icy Number: 2739843-3030 Lot Three (3), Block Two (2), North Park, City of College Station, according to plat thereof recorded in Volume 465, Page 37 of the Deed Records of Brazos County, Texas. TRACT ELEVEN: (147 MEADOWLAND) Lot Four (4), Block Two (2), North Park, City of College Station, according to plat thereof recorded in Volume 465, Page 37 of the Deed Records of Brazos County, Texas. TRACT TWELVE: (150 MEADOWLAND) Lot Four (4), Block One (1 ), North Park, City of College Station, according to plat thereof recorded in Volume 465, Page 37 of the Deed Records of Brazos County, Texas. TRACT THIRTEEN: (152 MEADOWLAND) Lot Three (3), Block One (1 ), North Park, City of College Station, according to plat thereof recorded in Volume 465, Page 37 of the Deed Records of Brazos County, Texas. TRACT FOURTEEN: (154 MEADOWLAND) Lot Two (2), Block One (1) North Park, City of College Station, according to plat thereof recorded in Volume 465, Page 37 of the Deed Records of Brazos County, Texas. TRACT FIFTEEN: (100 S. TEXAS AVENUE) METES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN COLLEGE STATION, BRAZOS COUNTY, TEXAS. SAID TRACT BEING THE SAME TRACT OF LAND AS DESCRIBED BY A DEED TO EMMA RUTH ELLIS (TRACT ONE), RECORDED IN VOLUME 7035, PAGE 237 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS. SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A 3/8 INCH IRON ROD FOUND ON THE SOUTH CORNER OF THE INTERSECTION OF S. TEXAS AVENUE (100' R.O.W.) AND HENSEL DRIVE (50' R.O.W.) MARKING THE NORTH CORNER OF THIS HEREIN DESCRIBED TRACT; THENCE: S 47° 09' 27" E ALONG THE SOUTHWEST RIGHT-OF-WAY LINE OF S. TEXAS AVENUE FOR A DISTANCE OF 74.85 FEET TO A 3/8 INCH IRON ROD FOUND MARKING THE NORTH CORNER OF LOT 1, BLOCK 1, TEXIAN INN ADDITION, ACCORIDNG TO THE PLAT RECORDED IN VOLUME 726, PAGE 201 OF THE OFFICIAL RECORDS OF BRAZOS COUNTY, TEXAS, AND THE EAST CORNER OF THIS HEREIN DESCRIBED TRACT; THENCE: S 41 ° 18' 40" W ALONG THE NORTHWEST LINE OF SAID LOT 1, AT 199.88 FEET PASS A 318 INCH IRON ROD FOUND, CONTINUE ON FOR A TOTAL DISTANCE OF 200.17 FEET TO A POINT ON THE NORTHEAST LINE OF LOT 2, BLOCK 1, NORTH PARK, ACCORDING TO THE PLAT RECORDED IN VOLUME 465, PAGE 37 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS, FOR REFERENCE, A Y2 INCH IRON ROD FOUND MARKING THE EAST CORNER OF SAID LOT 2 BEARS: S 47° 52' 49" E FOR A DISTANCE OF 36.91 FEET; THENCE: N 47° 52' 49" W ALONG THE NORTHEAST LINE OF SAID LOT 2 FOR A DISTANCE OF 75.24 FEET TO A Y2 INCH IRON ROD FOUND ON THE SOUTHEAST RIGHT-OF-WAY LINE OF HENSEL DRIVE MARKING THE NORTH CORNER OF SAID LOT 2 AND THE WEST CORNER OF THIS HEREIN DESCRIBED TRACT; THENCE: N 41 ° 25' 38" E ALONG THE SOUTHEAST LINE OF HENSEL DRIVE FOR A DISTANCE OF 201 .13 FDTX0622.rdw owner's Policy ofTitle Insurance (T-1) (05/01/08) (Schedule A) File Number: FTDAL34-FT000002939402 Policy Number: 2739843-3030 FEET TO THE POINT OF BEGINNING CONTAINING 0.345 OF AN ACRE OF LAND, MORE OR LESS, AS SURVEYED ON THE GROUND JUNE, 2007, AS VERIFIED ON THE GOUND OCTOBER, 2007. NOTE: COMPANY DOES NOT REPRESENT THAT THE ABOVE ACREAGE AND/OR SQUARE FOOTAGE CALCULATIONS ARE CORRECT. FDTX0622.rdw Owner's Policy ofTitle Insurance (T-1) (05/01/08) (Schedule A) SCHEDULE 8 File Number: FTDAL34-FT000002939402 Policy Number: 2739843-3030 EXCEPTIONS FROM COVERAGE This Policy does not insure against loss or damage (and the Company will not pay costs, attorney's fees or expenses) that arise by reason of the terms and conditions of the leases or easements insured, if any, shown in Schedule A and the following matters: 1. The following restrictive covenants of record itemized below (We must either insert specific recording data or delete this exception): Item No. 1, Schedule B, is hereby deleted. -Tracts 2, 5, and 15; Volume 464, Page 734, Deed Records, Brazos County, Texas -Tracts 3, 4, 6, 7, 8, 9, 10, 11 , 12, 13, and 14 ; and Volume 455, Page 339, Deed Records, Brazos County, Texas -Tracts 3 and 4, but deleting any covenants, conditions or restrictions indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, or national origin unless and only to the extent that said covenant (a) is exempt under Chapter 42, Section 3607 of the United States Code or (b) relates to handicap but does not discriminate against handicapped persons. 2. Shortages in area. 3. Homestead or community property or survivorship rights, if any, of any spouse of any insured. (Applies to the Owner Policy only.) 4. Any titles or rights asserted by anyone, including, but not limited to, persons, the public, corporations, governments or other entities, a. to tidelands, or lands comprising the shores or beds of navigable or perennial rivers and streams, lakes, bays, gulfs or oceans, or b. to lands beyond the line of the harbor or bulkhead lines as established or changed by any government, or c. to filled-in lands, or artificial islands, or d. to statutory water rights, including riparian rights, or e. to the area extending from the line of mean low tide to the line of vegetation, or the rights of access to that area or easement along and across that area. (Applies to the Owner Policy only.) 5. Standby fees, taxes, and assessments by any taxing authority for the year 2011, and subsequent years; and subsequent taxes and assessments by any taxing authority for prior years due to change in land usage or ownership, but not those taxes or assessments for prior years because of an exemption granted to a previous owner of the property under Section 11 .13, Texas Tax Code, or because of improvements not assessed for a previous tax year. 6. The following matters and all terms of the documents creating or offering evidence of the matters (We must insert matters or delete this exception.): FORM T-1 : Owner's Policy of Title Insurance (Schedule B) File Number: FTDAL34-FT000002939402 SCHEDULE B (Continued) Policy Number: 2739843-3030 a. A deed of trust to secure an indebtedness in the amount shown below, Amount: $2,878,040.15 Dated: July 6, 2011 Truster/Granter: Woodridge College Station II, LLC, a Delaware limited liability company Trustee: David B. Giles Beneficiary: RPM Investments, Inc., a California corporation, as qualified intermediary for Rossco Holdings Incorporated, a California corporation Recording Date: July 7, 2011 Recording No: Document No. 2011-1095687 (Volume 10243, Page 82), Official Public Records, Brazos County, Texas b. Rights of tenants, as tenants only without option or right of first refusal to purchase all or any portion of the land, under unrecorded leases or rental agreements. c. Utility Easement: From : To: Dated: Recordedl Joe A. Ferreri, Inc. City of College Station January 9, 1983 Volume 639, Page 534, Official Records, Brazos County, Texas. (Tract 1) d. 1 O' Easement on the southwest side: From: To: Dated: Recorded: e. Easement: From: To: Dated: Recorded: Urymor Enterprises, Inc. City of College Station June 24, 1985 Volume 805, Page 533, Official Records, Brazos County, Texas. (Tract 2) Lodgeco Properties, Ltd. City of College Station July 19, 1989 Volume 1130, Page 761, Official Records, Brazos County, Texas. (Tract 1) f. Access and Parking Rights Reserved in Deed: From: To: Dated: Recorded: 4) Home Finder Realty, Inc. Frances P. Dunn, et ux July 3, 1980 Volume 455, Page 339, Deed Records, Brazos County, Texas. (Tracts 3 and g. Ordinance #2010-3232 (Closing a Portion of Meadowland Street and Reserving Access & Public Utility Rights): Dated: Recorded: January 28, 2010 Volume 9673, Page 288, Official Records, Brazos County, Texas. FORM T-1 : Owner's Policy of Title Insurance (Schedule B) File Number: FTDAL34-FT000002939402 h. Mineral Reservation in Deed: SCHEDULE B (Continued) By: Rodney P. Chauvin, Jr., et ux To: BCSK Management, Inc. Dated: March 15, 2006 Policy Number: 2739843-3030 Recorded: Volume 7201 , Page 210, Official Records, Brazos County, Texas. Title to said interest has not been investigated subsequent to the date of the aforesaid instrument. (Tract 1) i. Mineral Reservation in Deed: By: Keeroy, LLC, et al To: Chimney Hill Properties, Ltd. Dated: April 16, 2007 Recorded: Volume 7920, Page 73, Official Records, Brazos County, Texas. Title to said interest has not been investigated subsequent to the date of the aforesaid instrument. (Tract 15) j. Oil and Gas Lease, and all terms, conditions and stipulations therein: Lessor: Rodney P. Chauvin, Jr., et ux Lessee: Robin Investments, Inc. Dated: June 17, 1983 Recorded: Volume 89, Page 45, Oil & Gas Lease Records, Brazos County, Texas. Title to said interest has not been investigated subsequent to the date of the aforesaid instrument. (Tract 1) k. Oil and Gas Lease, and all terms, conditions and stipulations therein: Lessor: B. C. Richards Lessee: North Central Oil Corp. Dated: April 19, 1983 Recorded: Volume 85, Page 804, Oil & Gas Lease Records, Brazos County, Texas. Title to said interest has not been investigated subsequent to the date of the aforesaid instrument. (Tract 1) I. Oil and Gas Lease, and all terms, conditions and stipulations therein: Lessor: Ronald H. Parker, et ux Lessee: North Central Oil Corporation Dated: April 15, 1983 Recorded: Volume 86, Page 326, Oil & Gas Lease Records, Brazos County, Texas. Title to said interest has not been investigated subsequent to the date of the aforesaid instrument. (Tract 6) m. Oil and Gas Lease, and all terms, conditions and stipulations therein: Lessor: Max Lee Mardick and wife, Nancy J. Mardick Lessee: North Central Oil Company Dated: April 21 , 1983 Recorded: Volume 86, Page 434, Oil & Gas Lease Records, Brazos County, Texas. Title to said interest has not been investigated subsequent to the date of the aforesaid instrument. (Tract 14) FORM T-1 : Owner's Policy of Title Insurance (Schedule B) File Number: FTDAL34-FT000002939402 SCHEDULE B (Continued) n. Oil and Gas Lease, and all terms, conditions and stipulations therein: Lessor: Gus A Ellis, et ux Lessee: Lyons Petroleum, Inc. Policy Number: 2739843-3030 Dated: January 12, 1983 Recorded : Volume 77 , Page 572, Oil & Gas Lease Records, Brazos County, Texas. Title to said interest has not been investigated subsequent to the date of the afor~said instrument. (Tract 15) o. All, leases, grants, exceptions or reservations of coal, lignite, oil, gas and other minerals, together with all rights, privileges, and immunities relating thereto, appearing in the Public Records whether listed in Schedule B or not. There may be leases, grants, exceptions or reservations of mineral interest that are not listed. p. 25' building line on the southeast and northwest sides; 7.5' building line on the southwest and northeast sides; 15' building line along Meadowland Street; aerial electric line bisects property from the southwest to the northeast sides; as shown on survey prepared on February 9, 2011 , under the supervision of Brad Kerr, R.P.L.S. #4502. (Tract 2) q. 25' building line and 5' utility easement on the northeast side; 7.5' building line on the northwest and southeast sides; 20' building line on the southwest side; as shown on plat recorded in Volume 465, Page 37 of the Deed Records of Brazos County, Texas; as shown on survey prepared on February 4, 2011 , under the supervision of Brad Kerr, R.P.L.S. #4502. (Tract 3) r. 25' building line and 5' utility easement on the northeast side; 7.5' building line on the northwest and southeast sides; 20' building line on the southwest side; private parking and access easement across property; as shown on plat recorded in Volume 465, Page 37 of the Deed Records of Brazos County, Texas; as shown on survey prepared on February 4, 2011 , under the supervision of Brad Kerr, R.P.L.S. #4502. (Tracts 4) s. 20' building line and utility easement on the northeast side; 25' building line and 5' utility easement on the southwest side; 7.5' building line on the northwest and southeast sides; 20' private parking easement (partly on property) on the southeast side; 47' private access and parking easement across property; as shown on plat recorded in Volume 494, Page 543 of the Deed Records of Brazos County, Texas; as shown on survey prepared on February 7, 2011, under the supervision of Brad Kerr, R.P.L.S. #4502. (Tract 5) t. Encroachment of existing 4-plex into the 20' building line and utility easement on the northeast side of the property, as shown on survey prepared on February 7, 2011 , under the supervision of Brad Kerr, R.P.L.S. #4502. Note: Upon payment of the applicable premium and issuance of the T19 endorsement, this exception shall be shown on the Owner's Policy only. (Tract 5) u. 25' building line on the northeast side; 7.5' building line on the northwest, southwest and southeast sides; 15' utility easement (partly on property) on the southeast side; portion of a private parking and access easement on the northwest side; as shown on plat recorded in Volume 465, Page 37 of the Deed Records of Brazos County, Texas; as shown on survey prepared on February 7, 2011, under the supervision of Brad Kerr, RP.LS. #4502. (Tracts 6) FORM T-1 : Owner's Policy of Title Insurance (Schedule B) File Number: FTDAL34-FT000002939402 SCHEDULE 8 (Continued) Policy Number: 2739843-3030 v. Encroachment of existing 4-plex into the 25' building line on the northeast side of the property, as shown on survey prepared on February 7, 2011, under the supervision of Brad Kerr, RP. LS. #4502. Note: Upon payment of the applicable premium and issuance of the T19 endorsement, this exception shall be shown on the Owner's Policy only. (Tract 6) w. 20' building line on the southwest side; 7 .5'building line on the all other sides; 15' utility easement (partly on property) on the southeast side; private parking and access easement partly on property on the ns side; as shown on plat recorded in Volume 465, Page 37 of the Deed Records of Brazos County, Texas; as shown on survey prepared on October 17, 2007, under the supervision of Brad Kerr, RP.LS. #4502. (Tract 7) x. Encroachment of existing 4-plex into the 15' utility easement (partly on property) on the southeast side of the property, as shown on survey prepared on October 17, 2007, under the supervision of Brad Kerr, RP.LS. #4502. Note: Upon payment of the applicable premium and issuance of the T19 endorsement, this exception shall be shown on the Owner's Policy only. (Tract 7) y. 25' building line and 5' utility easement on the northeast side; 7.5' building line on the southeast, southwest and northwest sides; 20' utility easement (partly on property) on the northwest side; private parking and access easement partly on property on the southeast side; as shown on plat recorded in Volume 465, Page 37 of the Deed Records of Brazos County, Texas; as shown on survey prepared on October 17, 2007, under the supervision of Brad Kerr, RP.LS. #4502. (Tract 8) z. 20' building line on the southwest side; 7.5' building line on the northwest, northeast and southeast sides; private parking and access easement on the southeast side; 20' utility easement (partly on property) on the northwest side; as shown on plat recorded in Volume 465, Page 37 of the Deed Records of Brazos County, Texas; as shown on survey prepared on October 17, 2007, under the supervision of Brad Kerr, RP.LS. #4502. (Tract 9) Aa. 25' building line and 5' utility easement on the northeast side; 7.5' building line on the northwest, southeast and southwest sides; 20' utility easement (partly on property) on the southeast side; private parking and access easement on the northwest side; as shown on plat recorded in Volume 465, Page 37 of the Deed Records of Brazos County, Texas; as shown on survey prepared on October 17, 2007, under the supervision of Brad Kerr, R.P.LS. #4502. (Tract 10) Ab. 20' building line on the southwest side; 7.5' building line on the northeast, northwest and southeast sides; 20' utility easement (partly on property) on the southeast side; private access and parking easement on the northwest side; as shown on plat recorded in Volume 465, Page 37 of the Deed Records of Brazos County, Texas; as shown on survey prepared on October 17, 2007, under the supervision of Brad Kerr, RP.LS. #4502. (Tract 11) Ac. 15' building line and 5' utility easement on the southwest side; 7.5' building line on the northeast, northwest and southeast sides; 1 O' utility easement on the southeast side; private parking and access easement on the northwest side; as shown on plat recorded in Volume 465, Page 37 of the Deed Records of Brazos County, Texas; as shown on survey prepared on October 17, 2007, under the supervision of Brad Kerr, RP.LS. #4502. (Tract 12) Ad. Fence lies outside the property on the southeast side of the property, as shown on survey prepared on October 17, 2007 under the supervision of Brad Kerr, RP.LS. #4502. (OWNER POLICY ONLY) (Tract 12) FORM T-1 : Owner's Policy of Title Insurance (Schedule B) File Number: FTDAL34-FT000002939402 SCHEDULE B (Continued) Policy Number: 2739843-3030 Ae. 7 .5' building line on the northeast, northwest, southeast and southwest sides: 1 O' utility easement on the southeast side; private parking and access easement on the northwest side; as shown on plat recorded in Volume 465, Page 37 of the Deed Records of Brazos County, Texas; as shown on survey prepared on October 17, 2007, under the supervision of Brad Kerr, RP.LS. #4502. (Tract 13) Af. 25' building line on a portion of the northwest side; 7.5' building line on the northeast, southeast and southwest sides; 1 O' utility easement on the southeast side; private parking and access easement on the northwest side; as shown on plat recorded in Volume 465, Page 37 of the Deed Records of Brazos County, Texas; as shown on survey prepared on October 18, 2007, under the supervision of Brad Kerr, R.P.L.S. #4502. (Tract 14) Ag. 25' building line on the northeast side; 15' building line on the northwest and southwest sides; 7.5' building line on the southeast side; as shown on survey prepared on November 20, 2007, under the supervision of Brad Kerr, R.P.L.S. #4502. (Tract 15) Ah. Section 14 of the Conditions of this policy is hereby deleted. FORM T-1: Owner's Policy of Title Insurance (Schedule B) Office File Number Polic Jacket Number Date of Endorsement Amount or Insurance T Premium Code Rule 2 5 6 9 FTOAL34-FT000002939402 2739843-3030 July 7, 2011 EN $100.00 0411 R-11h CONTIGUITY ENDORSEMENT T-25 Attached to and made a part of Policy No. 2739843-3030 Issued by FIDELITY NATIONAL TITLE INSURANCE COMPANY The Company hereby insures against loss or damage sustained by the insured by reason of: (1 ) the failure of See attached Contiguity Exhibit; or (2) the presence of any gaps, strips or gores separating any of the contiguous boundary lines described above. This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements. FIDELITY NATIONAL TITLE INSURANCE CO. By: Aut rizedSignature FIDELITY NA TJONAL TITLE INSURANCE COMPANY ENDORSEMENT Congtiguity Endorsement Texas Form T-25 (Effective 4-1-04) Tract Contiguous to Tract One Three Three One and Four Four Three, Six and Seven Five Six Six Four, Five and Seven Seven Four, Six and Nine Eight Nine and Ten Nine Seven, Eight and Eleven Ten Eight and Eleven Eleven Nine and Ten Twelve Thirteen Thirteen Twelve and Fourteen Fourteen Thirteen and Fifteen Fifteen Fourteen Office File Number Poll Jacket Number Date of Endorsement Amount of Insurance T Premium Code Rule 2 5 6 9 FTOAL34-FT000002939402 2739843-3030 July 7. 2011 EN $100.00 0411 R-11h ACCESS ENDORSEMENT T-23 Attached to and made a part of Policy No. 2739843-3030 Issued by FIDELITY NATIONAL TITLE INSURANCE COMPANY The Company insures against loss or damage sustained by the insured if, at Date of Policy: (i) the land does not abut and have both actual vehicular and pedestrian access to and from Meadowland Street as to Tracts 1 thru 14; University Drive as to Tract 2; and Hensel Drive and Texas Avenue as to Tract 15 (the "Street"). This endorsement is made a part of the policy. Except as it expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements. F DEUTY NATIONAL TITLE INSURANCE CO. By: L ~We~ Aut~d Signature FIDELITY NATIONAL TITLE INSURANCE COMPANY ENDORSEMENT Access Endorsement Texas Fonn T-23 (Effective 4-1-04) Office File Number Policy Jacket Number Date of Endorsement Amount of Insurance Tvpe Premium FTOAL34-FT000002939402 2739843-3030 July 7, 2011 14 15EN 16 $1,645.20 RESTRICTIONS, ENCROACHMENTS, MINERALS ENDORSEMENT- OWNER POLICY (T-19.1) Attached to and made a part of Policy No. 2739843-3030 Issued By Fidelity National Title Insurance Company Code Rule 1 9 0411 I R-11h The Company insures against loss or damage sustained by the Insured by reason of: 1. The existence, at Date of Policy, of any of the following unless expressly excepted in Schedule B: a. Present violations on the Land of any enforceable covenants, conditions, or restrictions, or any existing improvements on the Land that violate any building setback lines shown on a plat of subdivision recorded or filed in the Public Records. b. Any instrument referred to in Schedule Bas containing covenants, conditions, or restrictions on the Land that, in addition, (i) establishes an easement on the Land; (ii) provides for an option to purchase, a right of first refusal, or the prior approval of a future purchaser or occupant, or (iii) provides a right of reentry, possibility of reverter, or right of forfeiture because of violations on the Land of any enforceable covenants, conditions or restrictions. c. Any encroachment of existing improvements located on the Land onto adjoining land, or any encroachment onto the Land of existing improvements located on adjoining land. d. Any encroachment of existing improvements located on the Land onto that portion of the Land subject to any easement excepted in Schedule B. e. Any notices of violation of covenants, conditions, or restrictions relating to environmental protection recorded or filed in the Public Records. 2. Damage to existing buildings that are located on or encroach upon that portion of the Land subject to any easement excepted in Schedule B, which damage results from the exercise of the right to maintain the easement for the purpose for wh ich it was granted or reserved. 3. Damage to improvements (excluding lawns, shrubbery, or trees) located on the Land on or after Date of Policy resulting from the future exercise of any right existing at Date of Policy to use the surface of the Land for the extraction or development of minerals excepted from the description of the Land or excepted in Schedule B. 4. Any final court order or judgment requiring the removal from any land adjoining the Land of any encroachment, other than fences, landscaping, or driveways, excepted in Schedule B. 5. Any final court order or judgment denying the right to maintain any existing building on the Land because of any violation of covenants, conditions, or restrictions, or building setback lines shown on a plat of subdivision recorded or filed in the Public Records. Wherever in this endorsement the words "covenants, conditions, or restrictions" appear, they do not include the terms, covenants, conditions, or limitations contained in an instrument creating a lease. As used in paragraphs 1.a. and 5, the words "covenants, conditions, or restrictions" do not include any covenants, conditions, or restrictions (a) relating to obligations of any type to perform maintenance, repair, or remediation on the Land, or (b) pertaining to environmental protection of any kind or nature, including hazardous or toxic matters, conditions, or substances, except to the extent that a notice of a violation or alleged violation affecting the Land has been recorded or filed in the Public Records at Date of Policy and is not excepted in Schedule B. This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements. FIDELITY NATIONAL TITLE INSURANCE co_ By: Authorized Signature FIDELITY NATIONAL TITLE INSURANCE COMPANY ENDORSEMENT Restrictions, Encroachments, Minerals Endorsement Texas Form T-19.1 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay Joos or damage, costs, attorneys' fees or expenses that arise by reason of: 1. (a) Any law, ordinance, penni~ or governmental regulation (including those relating to building and wning) restricting, regulating, prolubiting or relating to: (i) the occupancy, use, orenjoymentoftbeLand; (ii) the character, dimensions or location of any improvement erected on the Land; (iii) subdivision ofland; or (iv) environmental protection; or the effect of any violation of these laws, ordinances or governmental regulations. This Exclusion l(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records atDateofPolicy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; ( c) resulting in no loos or damage to the Insured Claimant; (cl) a!t!ching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 1 O); or ( e) resulting in Joos or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation offedcral bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is: (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by govenunental authority and created or a!t!ching betwoen Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. 6. The refusal of any person to purchase, lease or lend money on the estate or interest covered hereby in the land descnbed in Schedule A because of Unmarketable Title. CONDITIONS 1. DEFINITION OF TERMS. The following terms when used in this policy mean: (a) "Amount oflnsurance": the amount stated in Schedule A, as may be increased or decreased by endorsement to this policy, increased by Section 8(b), or de- creased by Sections 10 and 11 of these Conditions. (b) "Date of Policy": The date designated as "Date of Policy" in Schedule A. (c) "Entity": A corporation, partnership, trust, limited liability company or other similar legal entity. (d) "Insured": the Insured named in Schedule A. (i) The term "Insured" also includes: (A) successors to the Title of the Insured by operation oflaw as distin- guished from purchase, including heirs, devisees, survivors, per- sonal representatives or next of kin; (B) successors to an Insured by dissolution, merger, consolidation, dis- tribution or reorganization; (C) successors to an Insured by its conversion to another kind of En- tity; (D) a grantee ofan Insured under a deed delivered with out payment of actual valuable consideration conveying the Title; (1) If the stock, shares, memberships, or other equity interests of the grantee are wholly-owned by the named Insured, (2) If the grantee wholly owns the named Insured, (3) If the grantee is wholly-owned by an affiliated Entity of the named Insured, provided the affiliated Entity and the named Insured arc both wholly-owned by the same person or En- tity, or ( 4) If the grantee is a trustee or beneficiary of a trust created by a written instrument established by the Insured named in Schedule A for estate planning purposes. (ii) With regard to (A), (B), (C) and (D) reserving, however, all rights and defenses as to any successor that the Company would have had against any predecessor Insured. (e) "Insured Claimant": an Insured claiming loss or damage. (f) "Knowledge" or "Known": actual knowledge, not constructive knowledge or notice that may be imputed to an Insured by reason of the Public Records or any other records that impart constructive notice of matters affecting the Title. (g) "Land": the land described in Schedule A, and affixed improvements that by law constitute real property. The term "Land" docs not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but this does not modify or limit the extent that a right of access to and from the Land is insured by this policy. (h) "Mortgage": mortgage, deed of trust, trust deed, or other security instrument, including one evidenced by electronic means authorized by law. (i) "Public Records": records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. With respect to Covered Risk 5( d), "Public Records" shall also include environmental pro- tection liens filed in the records of the clerk of the United States District Court for the district where the Land is located. (j) "Title": the estate or interest described in Schedule A. (k) "Unmarketable Title": Title affected by an alleged or apparent matter that 2739843 would permit a prospective purchaser or lessee of the Title or lender on the Title to be released from the obligation to purchase, lease or lend if there is a contractual condition requiring the delivery of marketable title. 2. CONTINUATION OF INSURANCE. The coverage of this policy shall continue in force as of Date of Policy in favor of an Insured, but only so long as the Insured retains an estate or interest in the Land, or holds an obligation secured by a purchase money Mortgage given by a purchaser from the Insured, or only so long as the Insured shall have liability by reason of warranties in any transfer or conveyance of the Title. This policy shall not continue in force in favor of any purchaser from the Insured of either (i) an estate or interest in the Land, or (ii) an obligation secured by a purchase money Mortgage given to the Insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT. The Insured shall notify the Company promptly in writing (i) in case of any litiga- tion as set forth in Section 5(a) below, or (ii) in case Knowledge shall come to an Insured hereunder of any claim of title or interest that is adverse to the Title, as insured, and that might cause loss or damage for which the Company may be liable by virtue of this policy. If the Company is prejudiced by the failure of the Insured Claimant to provide prompt notice, the Company's liability to the Insured Claimant under the policy shall be reduced to the extent of the prejudice. When, after the Date of the Policy, the Insured notifies the Company as required herein of a lien, encumbrance, adverse claim or other defect in Title insured by this policy that is not excluded or excepted from the coverage of this policy, the Com- pany shall promptly investigate the charge to determine whether the lien, encum- brance, adverse claim or defect or other matter is valid and not barred by law or statute. The Company shall notify the Insured in writing, within a reasonable time, of its determination as to the validity or invalidity of the Insured's claim or charge under the policy. If the Company concludes that the lien, encumbrance, adverse claim or defect is not covered by this policy, or was otherwise addressed in the closing oftbe transaction in connection with which this policy was issued, the Com- pany shall specifically advise the Insured of the reasons for its determination. If the Company concludes that the lien, encumbrance, adverse claim or defect is valid, the Company shall take one of the following actions: (i) institute the necessary proceedings to clear the lien, encumbrance, adverse claim or defect from the Title as insured; (ii) indemnify the Insured as provided in this policy; (iii) upon payment of appropriate premium and charges therefore, issue to the Insured Claimant or to a subsequent owner, mortgagee or holder of the estate or interest in the Land insured by this policy, a policy of title insurance without exception for the lien, encum- brance, adverse claim or defect, said policy to be in an amount equal to the current value of the Land or, ifa loan policy, the amount oftbe loan; (iv) indemnify another title insurance company in connection with its issuance of a policy(ies) of title insurance without exception for the lien, encumbrance, adverse claim or defect; (v) secure a release or other document discharging the lien, encumbrance, adverse claim or defect; or (vi) undertake a combination of (i) through (v) herein. 4. PROOF OF LOSS. In the event the Company is unable to determine the amount oflos.s or damage, the Company may, at its option, require as a condition of payment that the Insured Claimant furnish a signed proof ofloss. The proof of loss must describe the defect, lien, encumbrance or other matter insured against by this policy that constitutes the Owner's Policy ofTitle Insurance (T-1) basis ofloss 9r damage and shall state, to the extent possible, the basis of calculat- ing the amount of the loss or damage. DEFENSE AND PROSECUTION OF ACTIONS. (a) Upon written request by the Insured, and subject to the options contained in Sections 3 and 7 of these Conditions, the Company, at its own cost and with- out unreasonable delay, shall provide for the defense of an Insured in litiga- tion in which any third party asserts a claim covered by this policy adverse to the Insured. This obligation is limited to only those stated causes of action alleging matters insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of the Insured to object for reasonable cause) to represent the Insured as to those stated causes of action. It shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs or expenses incurred by the Insured in the defense of those causes of action that allege matters not insured against by this policy. (b) The Company shall have the right, in addition to the options contained in Sections 3 and 7, at its own cost, to institute and prosecute any action or proceeding or to do any other act that in its opinion may be necessary or desirable to establish the Title, as insured, or to prevent or reduce loss or damage to the Insured. The Company may take any appropriate action under the terms of this policy, whether. or not it shall be liable to the Insured. The exercise of these rights shall not be an admission ofliability or waiver of any provision of this policy. If the Company exercises its rights under this subsec- tion, it must do so diligently. ( c) Whenever the Company brings an action or asserts a defense as required or permitted by this policy, the Company may pursue the litigation to a final determination by a court of competent jurisdiction and it expressly reserves the right, in its sole discretion, to appeal from any adverse judgment or order. 6. DUTY OF INSURED CLAIMANT TO COOPERATE. (a) In all eases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding and any appeals, the In- sured shall secure to the Company the nght to so prosecute ..or provide de- fense in the action or proceeding, including the right to use, at its option, the name of the Insured for this purpose. Whenever requested by the Company, the Insured, at the Company's expense, shall give the Company all reason- able aid (i) in securing evidence, obtaining witnesses, prosecuting or defend- ing the action or proceeding, or effecting settlement, and (ii) in any other lawful act that in the opinion of the Company may be necessary or desirable to establish the Title or any other matter as insured. If the Company is preju- diced by the failure of the Insured to furnish the required cooperation, the Company's obligations to the Insured under the policy shall terminate, in- cluding any liability or obligation to defend, prosecute, or continue any litiga- tion, with regard to the matter or matters requiring such cooperation. (b) The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized representative of the Company and to produce for examination, inspection and copying, at such reasonable times and places as may be designated by the authorized representative oftbe Company, all records, in whatever medium maintained, including books, led- gers, checks, memoranda, correspondence, reports, e-mails, disks, tapes, and videos whether bearing a date before or after Date of Policy, that reasonably pertain to the loss or damage. Further, if requested by any authorized repre- sentative of the Comp.any, the Insured Claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, in- spect and copy all of these records in the custody or control of a third party that reasonably pertain to the loss or damage. All information designated as confidential by the Insured Claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judg- ment of the Company, it is necessary in the administration of the claim. Fail- ure of the Insured Claimant to submit for examination under oath, produce any reasonably requested information or grant permission to secure reason- ably necessary information from third parties as required in this subsection, unless prohibited by law or governmental regulation, shall terminate any li- ability of the Company under this policy as to that claim. 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY. In ease of a claim under this policy, the Company shall have the following addi- tional options: (a) To Pay or Tender Payment of the Amount of Insurance. To pay or tender payment of the Amount of Insurance under this policy together with any costs, attorneys' fees and expenses incurred by the Insured Claimant that were authoriud by the Company up to the time of payment or tender of payment and that the Company is obligated to pay. gpon the exercise by the Company of this option, all liability and obligations of the r"'"'"'"""'°""""'.~~.r>a~a,,~n~y ~ ~~c ~u~ undCT~~is ~\icy. other than to make the payment required If a Pay · Y """sacrion · ' -· lllent on ·~--or litigation in~_,,,.,_:-, in this subsection, shall terminate, including any liability or obligation to defend. prosecute, or continue any litigation. (b) To Pay or Otherwise Settle With Parties Other than the Insured or With the Insured Claimant. (i) to pay or otherwise settle with other parties for or in the name of an Insured Claimant any claim insured against under this policy. In addi- tion, the Company will pay any costs, attorneys' fees and expenses in- curred by the Insured Claimant that were authorized by the Company up to the time of payment and that tbe Company is obligated to pay; or (ii) to pay or otherwise settle with the Insured Claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obli- gated to pay. Upon the exercise by the Company of either of the options provided for in subsections (b)(i) or (ii), the Company's obligations to the Insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liabil- ity or obligation to defend, prosecute or continue any litigation. 8. DETERMINATION AND EXTENT OF LIABILITY. This policy is a contract of indemnity against actual monetary loss or damage sus- tained or incurred by the Insured Claimant who has suffered loss or damage by reason of matters insured against by this policy. (a) The extent of liability of the Company for loss or damage under this policy shall not exceed the lesser of: (i) the Amount oflnsurance; or (ii) the difference between the value of the Title as insured and the value of the Title subject to the risk insured against by this policy. (b) Jfthe Company pursues its rights under Section 3 or 5 and is unsuccessful in establishing the Title, as insured, (i) the Amount of Insurance shall be increased by 10%, and (ii) the Insured Claimant shall have the right to have the loss or damage determined either as of the date the claim was made by the Insured Claim- ant or as of the date it is settled and paid. (c) In addition to the extent ofliability under (a) and (b), the Company will also pay those costs, attorneys' fees and expenses incurred in accordance with Sections 5 and 7 of these Conditions. 9. LIMITATION OF LIABILITY. (a) If the Company establishes the Title, or removes the alleged defect, lien or encumbrance, or cures the lack of a right of access to or from the Land, all as insured, or takes action in accordance with Section 3 or 7, in a reasonably diligent manner by any method, including litigation and the completion of any appeals, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused to the Insured. (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there bas been a final determination by a court of competent jurisdiction, and disposition of all appeals, adverse to the Title, as insured. (c) The Company shall not be liable for loss or damage to the Insured for liability voluntarily assumed by the Insured in settling any claim or suit without the prior written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY. All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the Amount of Insurance by the amount of the payment. 11. LIABILITY NONCUMULATIVE. The Amount of Insurance shall be reduced by any amount the Company pays under · any policy insuring a Mortgage to which exception is taken in Schedule B or to which the Insured has agreed, assumed, or taken subject or which is executed by an Insured after Date of Policy and which is a charge or lien on the Title, and the amount so paid shall be deemed a payment to the Insured under this policy. 12. PAYMENT OF LOSS. When liability and the extent ofloss or damage have been definitely fixed in accor- dance with these Conditions, the payment shall be made within 30 days. 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT. (a) Whenever the Company shall have settled and paid a claim under this policy it shall be subrogated and entitled to the rights of the Insured Claimant in th< Title and all other rights and remedies in respect to the claim that the Insure< Claimant has against any person or property, to the extent of the amount o any loss, costs, attorneys' fees and expenses paid by the Company. If re quested by the Company, the Insured Claimant shall execute documents t· evidence the transfer to the Company of these rights and remedies. The Ir Owner's Policy of Title Insurance (T-! sured Clait'nant sh'all permit the Company to sue, compromise or settle in the name oftl1e Insured Claimant and to use the name of the Insured Claimant in any transaction or litigation involving these rights and remedies. If a payment on account of a claim does not fully cover the loss of the Insured Claimant, the Company shall defer the exercise of its right to recover until after the Insured Claimant shall have recovered its loss. (b) The Company's right of subrogation includes the rights of the Insured to indemnities, guaranties, other policies of insurance or bonds, notwithstand- ing any terms or conditions contained in those instruments that address sub- rogation rights. 14. ARBITRATION. Either the Company or the Insured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Title Association ("Rules"). Except as provided in the Rules, there shall be no joinder or consolidation with claims or controversies of other persons. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Insured arising out of or relating to this policy, any service in connection with its issuance or the breach of a policy provision, or to any other controversy or claim arising out of the transaction giving rise to this policy. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured, unless the Insured is an individual person (as distinguished from an Entity). All arbitrable matters when the Amount of Insurance is in excess of $2,000,000 shall be arbitrated only when agreed to by both the Company and the Insured. Arbitration pursuant to this policy and under the Rules shall be binding upon the parties. Judgment upon the award rendered by theArbitrator{s) may be entered in any court of competent jurisdiction. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT. (a) This policy together with all endorsements, if any, attached to it by the Com- pany is the entire policy and contract between the Insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim ofloss or damage that arises out of the status of the Title or by any action asserting such claim, shall be restricted to this policy. ( c) Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized person, or expressly incorporated by Schedule A of this policy. 2739843 (d) Each endorsement to this policy issued at any time is made a part of this policy and is subject to all of its terms and provisions. Except as the endorse- ment expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsement, (iii) extend the Date of Policy or (iv) increase the Amount oflnsurance. Each Commitment, endorsement or other form, or provision in the Schedules to this policy that refers to a term defined in Section 1 of the Conditions shall be deemed to refer to the term regardless of whether the term is capitalized in the Commitment, endorse- ment or other form, or Schedule. Each Commitment, endorsement or other form, or provision in the Schedules that refers to the Conditions and Stipula- tions shall be deemed to refer to the Conditions of this policy. 16. SEVERABILITY. In the event any provision of this policy, in whole or in part, is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision or such part held to be invalid and all other provisions shall remain in full force and effect. 17. CHOICE OF LAW; FORUM. (a) Choice of Law: The Insured acknowledges the Company has underwritten the risks covered by this policy and determined the premium charged there- fore in reliance upon the law affecting interests in real property and appli- cable to the interpretation, rights, remedies or enforcement of policies of title insurance of the jurisdiction where the Land is located. Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity of claims against the Title that are adverse to the Insured, and in interpreting and enforcing the terms of this policy. In neither case shall the court or arbitrator apply its conflicts of laws principles to determine the applicable law. (b) Choice of Forum: Any litigation or other proceeding brought by the Insured against the Company must be filed only in a state or federal court within the United States of America or its territories having appropriate jurisdiction. 18. NOTICES, WHERE SENT. Any notice of claim and any other notice or statement in writing required to be given the Company under this Policy must be given to the Company at National Claims Administration, P.O. Box 45023, Jacksonville, FL 32232-5023. Owner's Policy of Title Insurance (T-1) IMPORTANT NOTICE To obtain information or make a complaint: You may call Fidelity National Title Insurance Company's toll-free telephone number for information or to make a complaint at: 1-800-252-3439 You may also write to Fidelity National Title Insurance Company at: 10100 San Pedro, Suite 630 San Antonio, TX 78216 You may contact the Texas Department of Insurance to obtain in- formation on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department oflnsurance: P.O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: http://www.tdi.state.tx.us E-mail: ConsumerProtection@tdi.state. tx. us PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. AVISO IMPORTANTE Para obtener informacion o para someter una queja: Usted puede Hamar al numero de telefono gratis Compania de Seguros de Titulo de Chicago Title para informacion o para someter una queja al: 1-800-252-3439 Usted tambien puede escribir a Compania Seguros de Titulo de Chicago Title 10100 San Pedro, Suite 630 San Antonio, TX 78216 Puede comunicarse con el Departamento de Seguros de Texas para obtener informacion acerca de companias, coberturas, derechos o quejas al: 1-800-252-3439 Puede escribir al Departamento de Seguros de Texas: P.O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: htt.p://www.tdi.state.tx.us E-mail: ConsumerProtection@tdi.state.tx.us DISPUTAS SOBRE PRIMAS 0 RECLAMOS: Si tiene una disputa concerniente a su prima o a un reclamo, debe comunicarse con el la compania) primero. Si no se resuelve la disputa, puede entonces comunicarse con el departamento (TDI). UNA ESTE AVISO A SU POLIZA: Este aviso es solo para proposito de informacion y no se convierte en parte o condicion de! documento adjunto. 2739843 t • Fidelity National Title Insurance Company Policy Number: 2739843-303 1 0WNER'S POLICY OF TITLE INSURANCE (T-1) Issued by Fidelity National Title Insurance Company Any notice of claim and any other notice or statement in writing required to be given the Company under this Policy must be given to the Company at the address shown in Section 18 of the Conditions. COVERED RlSKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS, FIDELITY NATIONAL TITLE INSURANCE COMPANY, a Ne- braska corporation (the "Company") insures, as of Date of Policy and, to the extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of: I. Title being vested other than as stated in Schedule A. 2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from: (a) A defect in the Title caused by: (i) forgery, fraud, undue influence, duress, incompetency, incapacity or impersonation; (ii) failure of any person or Entity to have authorized a transfer or conveyance; (iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, nota- rized or delivered; (iv) failure to perform those acts necessary to create a document by electronic means authorized by law; (v) a document executed under a falsified, expired or otherwise invalid power of attorney; (vi) a document not properly filed, recorded or indexed in the Public Records including failure to per- form those acts by electronic means authorized by law; or (vii) a defective judicial or administrative proceeding. (b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid. (c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. The term "encroachment" includes encroachments of existing improvements located on the Land onto adjoining land, and en- croachments onto the Land of existing improvements located on adjoining land. (d) Any statutory or constitutional mechanic's, contractor's, or materialman's lien for labor or materials having its inception on or before Date of Policy. 3. Lack of good and indefeasible Title. 4. No right of access to and from the Land. 5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting or relating to: (a) the occupancy, use or enjoyment of the Land; (b) the character, dimensions or location of any improvement erected on the Land; ( c) subdivision of land; or ( d) environmental protection if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to the extent of the violation or enforcement referred to in that notice. 6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice. 7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records. 8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value Owner's Policy ofTitle Insurance (T-1) 2739843 without Knowledge. 9. Title being vested other than as stated in Schedule A or being defective: (a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency or similar creditors' rights laws; or (b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state insolvency or similar creditors' rights laws by reason of the failure of its recording in the Public Records: (i) to be timely, or (ii) to impart notice of its existence to a purchaser for value or a judgment or lien creditor. 10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The Company will also pay the costs, attorneys' fees and expenses incurred in defense of any matter insured against by this Policy, but only to the extent provided in the Conditions. Fidelity National Title 260 Three Lincoln Center 5430 LBJ Freeway Dallas, Texas 75240 Fidelity National Title Insurance Company Phone (972) 770-2121 Fax (972) 770-2112 By: ATTEST ~rt"tuJ fl'{)~ L / President ;.L____ Secretary Owner's Policy ofTitle Insurance (T-1) FIDELITY NATIONAL TITLE INSURANCE COMPANY PO Box 45023 Jacksonville, FL 32232-5023 OWNER'S POLICY OF TITLE INSURANCE T-1 SCHEDULE A File Number: FTDAL34-FT000002939401 Policy Number: 2739843-3031 Address for Reference only: 410 S. Texas Ave. and 300 S. Texas Ave. College Station, Texas Amount of Insurance: $ 5,427,750.44 Premium: $ 24,261 .86 Date of Policy: July 7, 2011 at 02:17 PM 1. Name of Insured: Woodridge College Station Ill, LLC, a Delaware limited liability company 2. The estate or interest in the Land that is insured by this policy is: Tract One: Leasehold Tract Two: Fee Simple 3. Title is insured as vested in: Woodridge College Station Ill, LLC, a Delaware limited liability company 4. The Land referred to in this policy is described as follows: Tract One: (Hotel Tower) (leasehold -410 S. Texas Avenue) METES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE J.E. SCOTT LEAGUE, ABSTRACT NO. 50, COLLEGE STATION , BRAZOS COUNTY, TEXAS. SAID TRACT BEING ALL OF A CALLED 4.65 ACRE TRACT AS DESCRIBED BY A DEED TO CHSC LTD. RECORDED IN VOLUME 8917, PAGE 44 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, AND THE ADJOINING PORTION OF THE ABANDONED PUBLIC RIGHT-OF-WAY OF MEADOWLAND STREET ACCORDING TO COLLEGE STATION ORDINANCE NO. 2010-3232. SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A 5/8th INCH IRON ROD FOUND ON THE SOUTHWEST LINE OF TEXAS AVENUE (100' RO .W .) MARKING THE NORTH CORNER OF SAID 4.65 ACRE TRACT AND THE EAST CORNER OF A CALLED .1.855 ACRE TRACT AS DESCRIBED BY A DEED TO EQI COLLEGE STATION PARTNERSHIP, L.P. RECORDED IN VOLUME 7619, PAGE 141 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS; THENCE: S 47° 41' 22" E ALONG THE SOUTHWEST LINE OF TEXAS AVENUE FOR A DISTANCE OF 457.46 FEET TO A POINT MARKING THE NORTH CORNER OF THE REMAINDER OF A CALLED 0.172 ACRE TRACT AS DESCRIBED BY A DEED TO BCSK MANAGEMENT, INC. RECORDED IN VOLUME 7018, PAGE 196 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, FOR REFERENCE AN "X" FOUND IN CONCRETE MARKING A TRANSITION FROM THE SOUTHWEST LINE OF TEXAS AVENUE TO THE NORTHWEST LINE OF UNIVERSITY DRIVE(FM 60), BEARS: S 47° 41' 22" E FOR A DISTANCE OF 56.81 FEET; THENCE: S 41° 43' 03" W ALONG THE COMMON LINE OF SAID 4.65 ACRE TRACT AND SAID REMAINDER OF 0.172 ACRE TRACT FOR A DISTANCE OF 100.00 FEET TO A POINT MARKING THE WEST CORNER OF SAID REMAINDER OF 0.172 ACRE TRACT; FDTX0622.rdw Owner's Policy ofTitle Insurance (T-1) (05/01/08) (Schedule A) File Number: FTDAL34-FT000002939401 Policy Number: 2739843-3031 THENCE: S 47° 41' 22" E CONTINUING ALONG THE COMMON LINE OF SAID 4.65 ACRE TRACT AND SAID REMAINDER OF 0.172 ACRE TRACT FOR A DISTANCE OF 75.00 FEET TO A POINTON THE NORTHWEST LINE OF UNIVERSITY DRIVE MARKING THE SOUTH CORNER OF SAID REMAINDER OF 0.172 ACRE TRACT; THENCE: S 41 ° 43' 03" W ALONG THE NORTHWEST LINE OF UNIVERSITY DRIVE FOR A DISTANCE OF 288. 78 FEET TO A 5/8th INCH IRON ROD FOUND ON THE NORTHEAST LINE OF MEADOWLAND STREET (30' R.O.W.) MARKING THE SOU1 H CORNER OF SAID 4.65 ACRE TRACT, FOR REFERENCE A 1/2 INCH IRON ROD FOUND BEARS: N 28° 19' 17" E FOR A DISTANCE OF 2.38 FEET; THENCE: S 41° 39' 11" W CONTINUING ALONG THE NORTHWEST LINE OF UNIVERSITY DRIVE FOR A DISTANCE OF 15.00 FEET TO THE SOUTH CORNER OF THE HEREIN DESCRIBED TRACT; THENCE: N 48° 41' 06" W ALONG THE CENTERLINE OF MEADOWLAND STREET FOR A DISTANCE OF 224.72 FEET; THENCE: N 49° 08' 30" W CONTINUING ALONG THE CENTERLINE OF MEADOWLAND STREET FOR A DISTANCE OF 306.09 FEET TO THE WEST CORNER OF THIS HEREIN DESCRIBED TRACT; THENCE: N 41 ° 29' 06" E THROUGH MEADOWLAND STREET, AT 14.31 FEET PASS THE COMMON CORNER OF SAID 4.65 ACRE TRACT AND SAID 1.855 ACRE TRACT, CONTINUE ON ALONG THE COMMON LINE OF SAID 4.65 ACRE TRACT AND SAID 1.855 ACRE TRACT FOR A TOTAL DISTANCE OF 415.46 FEET TO THE POINT OF BEGINNING CONTAINING 4.82 ACRES OF LAND, MORE OR LESS, AS SURVEYED ON THE GROUND. Tract Two: METES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE J.E. SCOTT LEAGUE, ABSTRACT NO. 50 , COLLEGE STATION, BRAZOS COUNTY, TEXAS. SAID TRACT BEING ALL OF LOTS 6 THROUGH 16, MEADOWLAND ADDITION, ACCORDING TO THE PLAT RECORDED IN VOLUME 94, PAGE 279 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS, AND THE ADJOINING PORTION OF THE ABANDONED PUBLIC RIGHT-OF-WAY OF MEADOWLAND STREET ACCORDING TO COLLEGE STATION ORDINANCE NO. 2010-3232. SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT AN "X" FOUND IN CONCRETE ON THE SOUTHWEST LINE OF MEADOWLAND STREET MARKING THE EAST CORNER OF SAID LOT 6 AND THE NORTH CORNER OF A CALLED 0.658 ACRE TRACT AS DESCRIBED BY A DEED TO ROSSCO HOLDINGS, INC. RECORDED IN VOLUME 6173, PAGE 128 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS; THENCE: S 41° 39' 11" W ALONG THE COMMON LINE OF SAID LOT 6 AND SAID 0.656 ACRE TRACT FOR A DISTANCE OF 169.07 FEET TO THE NORTHEAST LINE OF A CALLED TRACT OF LAND CURRENTLY OWNED BY THE TEXAS A&M UNIVERSITY SYSTEM; THENCE: N 49° 04' 04" W ALONG THE COMMON LINE OF SAID LOTS 6 THROUGH 16 AND SAID TEXAS A&M TRACT FOR A DISTANCE OF 548.31 FEET TO THE COMMON CORNER OF SAID LOT 16 AND LOT 17, MEADOWLAND ADDITION; THENCE: N 41° 27' 11" E ALONG THE COMMON LINE OF SAID LOT 16 AND LOT 17, AT 1.44 FEET PASS A Yi INCH IRON ROD FOUND, CONTINUE ON FOR A TOTAL DISTANCE OF 182.03 FEET TO THE ORIGINAL CENTERLINE OF MEADOWLAND STREET; FDTX0622.rdw Owner's Policy ofTitle Insurance (T-1) (05/01/08) (Schedule A) File Number: FTDAL34-FT000002939401 Policy Number: 2739843-3031 THENCE: S 49° 08' 30" E THROUGH MEADOWLAND STREET FOR A DISTANCE OF 548.95 FEET TO THE EAST CORNER OF THIS HEREIN DESCRIBED TRACT; THENCE: S 41° 39' 11" W CONTINUING THROUGH MEADOWLAND STREET FOR A DISTANCE OF 13.67 FEET TO THE POINT OF BEGINNING CONTAINING 2.297 ACRES OF LAND, MORE OR LESS, AS SURVEYED ON THE GROUND. NOTE: COMPANY DOES NOT REPRESENT THAT THE ABOVE ACREAGE AND/OR SQUARE FOOTAGE CALCULATIONS ARE CORRECT. FDTX0622. rdw Owner's Policy ofTitle Insurance (T-1) (05/01/08) (Schedule A) SCHEDULE B File Number: FTDAL34-FT000002939401 Policy Number: 2739843-3031 EXCEPTIONS FROM COVERAGE This Policy does not insure against loss or damage (and the Company will not pay costs, attorney's fees or expenses) that arise by reason of the terms and conditions of the leases or easements insured, if any, shown in Schedule A and the following matters: 1. The following restrictive covenants of record itemized below (We must either insert specific recording data or delete this exception): Item No. 1, Schedule B, is hereby deleted. 2. Shortages in area. 3. Homestead or community property or survivorship rights, if any, of any spouse of any insured. (Applies to the Owner Policy only.) 4. Any titles or rights asserted by anyone, including, but not limited to, persons, the public, corporations, governments or other entities, a. to tidelands, or lands comprising the shores or beds of navigable or perennial rivers and streams, lakes, bays, gulfs or oceans, or b. to lands beyond the line of the harbor or bulkhead lines as established or changed by any government, or c. to filled-in lands, or artificial islands, or d. to statutory water rights, including riparian rights, or e. to the area extending from the line of mean low tide to the line of vegetation, or the rights of access to that area or easement along and across that area. (Applies to the Owner Policy only.) 5. Standby fees, taxes, and assessments by any taxing authority for the year 2011 , and subsequent years; and subsequent taxes and assessments by any taxing authority for prior years due to change in land usage or ownership, but not those taxes or assessments for prior years because of an exemption granted to a previous owner of the property under Section 11 .13, Texas Tax Code, or because of improvements not assessed for a previous tax year. 6. The following matters and all terms of the documents creating or offering evidence of the matters (We must insert matters or delete this exception.): a. A deed of trust to secure an indebtedness in the amount shown below, Amount: $4,513, 703.80 Dated : July 6, 2011 Trustor/Grantor: Woodridge College Station 111, LLC, a Delaware limited liability company Trustee: David B. Giles Beneficiary: RPM Investments, Inc., a California corporation, as qualified intermediary for Lodgeco Properties, Ltd., a Texas limited partnership Recording Date: July 7, 2011 Recording No: Document No. 2011-1095685 (Volume 10243, Page 60), Official Public Records, Brazos County, Texas. (Tract Two) b. Rights of tenants, as tenants only without option or right of first refusal to purchase all or any portion of the land, under unrecorded leases or rental agreements. FORM T-1 : Owner's Policy of Title Insurance (Schedule B) File Number: FTDAL34-FT000002939401 c. Utility Easement: From: To: Dated: Recorded: d. Easement: From: To: Dated: Recorded: (Tracts 1 and 2) e. Easement: From: To: Dated: Recorded: SCHEDULE 8 (Continued) Ramada Inn, Inc. City of College Station November 5, 1984 Policy Number: 2739843-3031 Volume 740, Page 373, Official Records, Brazos County, Texas. (Tract 1) Lodgeco Properties, Ltd. City of College Station July 19, 1989 Volume 1130, Page 761, Official Records, Brazos County, Texas. Texas Student Housing Corporation City of College Station October 15, 1996 Volume 2709, Page 139, Official Records, Brazos County, Texas. (Tract 1) f. Ordinance #2010-3232 (Closing a Portion of Meadowland Street and Reserving Access & Public Utility Rights): Dated: Recorded: (Tracts 1 and 2) g. Mineral Deed: January 28, 2010 Volume 9673, Page 288, Official Records, Brazos County, Texas. By: Joe A. Ferreri, Inc. To: Joe A. Ferreri Dated: November 10, 1982 Recorded: Volume 546, Page 187, Deed Records, Brazos County, Texas. Title to said interest has not been investigated subsequent to the date of the aforesaid instrument. (Tract 1) h. Memorandum of Lease: Lessor: Lessee: Dated: Recorded: Subordination: Dated: Recorded: Assignment: Dated: Recorded: Tract 1 CHSC, Ltd. Lodgeco Properties, Ltd. January 2, 2009 Volume 8917, Page 81 , Official Records, Brazos County, Texas. Decembe 2, 201 O Volume 9947, Page 1, Official Records, Brazos County, Texas July 6, 2011 Volume 10243, Page 30, Official Records, Brazos County, Texas FORM T-1 : Owner's Policy of Title Insurance (Schedule B) File Number: FTDAL34-FT000002939401 SCHEDULE 8 (Continued) Policy Number: 2739843-3031 i. All, leases, grants, exceptions or reservations of coal, lignite, oil, gas and other minerals, together with all rights, privileges, and immunities relating thereto, appearing in the Public Records whether listed in Schedule B or not. There may be leases, grants, exceptions or reservations of mineral interest that are not listed. (Tracts 1 and 2) j. 25' building line on the northeast and southeast sides; 15' building line on the southwest side; 7.5' building line on the the northwest side; as sown on survey prepared on February 9, 2011 , under the supervision of Brad Kerr, RPLS No. 4502. k. Encroachment of existing 2 story brick and wood building into the 15' building line on the southwest and the 7.5' building line on the northwest sides of the property, as shown on survey prepared on February 9, 2011 , under the supervision of Brad Kerr, RPLS No. 4502. I. 25' building line on the northeast and southwest sides; 7.5' building line on the northwest and southeast sides; 1 O' electric easement and 3' easement on the southeast side; 15' building line on the interior southwest side; 15' x 24' access easement (partly on property) on the upper northwest side; as shown on plat recorded in Volume 1996, Page 331 , of the Official Records of Brazos County, Texas; as shown on survey prepared on February 9, 2011 , under the supervision of Brad Kerr, RPLS No. 4502. m. Utility Easement: From: To: Dated: Recorded: Joe A. Ferreri, Inc City of College Station January 9, 1983 Volume 639, Page 534, Official Records, Brazos County, Texas. (Tract 2) n. Lack of dedicated public right-of-way pursuant to the terms of Ordinance #2010-3232, recorded in Volume 9673, Page 288, Official Records, Brazos County, Texas. (Tract 2) o. Section 14 of the Conditions of this policy is hereby deleted. FORM T-1: Owner's Policy of Title Insurance (Schedule B) Office File Number Policy Jacket Number Date of Endorsement Amount of Insurance Tvoe Premium FTOAL34-FT000002939401 2739843-3031 July 7, 2011 14 'SEN 16 I s2,41s.10 RESTRICTIONS, ENCROACHMENTS, MINERALS ENDORSEMENT- OWNER POLICY {T-19.1) Attached to and made a part of Policy No. 2739843-3031 Issued By Fidelity National Title Insurance Company The Company insures against loss or damage sustained by the Insured by reason of: 1. The existence, at Date of Policy, of any of the following unless expressly excepted in Schedule 8: Code Rule j9 0411 I R-11h a. Present violations on the Land of any enforceable covenants, conditions, or restrictions, or any existing improvements on the Land that violate any building setback lines shown on a plat of subdivision recorded or filed in the Public Records. b. Any instrument referred to in Schedule 8 as containing covenants, conditions, or restrictions on the Land that, in addition, (i) establishes an easement on the Land; (ii) provides for an option to purchase, a right of first refusal, or the prior approval of a future purchaser or occupant, or (iii) provides a right of reentry, possibility of reverter, or right of forfeiture because of violations on the Land of any enforceable covenants, conditions or restrictions. c. Any encroachment of existing improvements located on the Land onto adjoining land, or any encroachment onto the Land of existing improvements located on adjoining land. d. Any encroachment of existing improvements located on the Land onto that portion of the Land subject to any easement excepted in Schedule 8. e. Any notices of violation of covenants, conditions, or restrictions relating to environmental protection recorded or filed in the Public Records. 2. Damage to existing buildings that are located on or encroach upon that portion of the Land subject to any easement excepted in Schedule 8, which damage results from the exercise of the right to maintain the easement for the purpose for which it was granted or reserved. 3. Damage to improvements (excluding lawns, shrubbery, or trees) located on the Land on or after Date of Policy resulting from the future exercise of any right existing at Date of Policy to use the surface of the Land for the extraction or development of minerals excepted from the description of the Land or excepted in Schedule 8. 4. Any final court order or judgment requiring the removal from any land adjoining the Land of any encroachment, other than fences, landscaping, or driveways, excepted in Schedule 8. 5. Any final court order or judgment denying the right to maintain any existing building on the Land because of any violation of covenants, conditions, or restrictions, or building setback lines shown on a plat of subdivision recorded or fried in the Public Records. Wherever in this endorsement the words "covenants, conditions, or restrictions" appear, they do not include the terms, covenants, conditions, or limitations contained in an instrument creating a lease. As used in paragraphs 1.a. and 5, the words "covenants, conditions, or restrictions" do not include any covenants, conditions, or restrictions (a) relating to obligations of any type to perform maintenance, repair, or remediation on the Land, or (b) pertaining to environmental protection of any kind or nature, including hazardous or toxic matters, conditions, or substances, except to the extent that a notice of a violation or alleged violation affecting the Land has been recorded or filed in the Public Records at Date of Policy and is not excepted in Schedule 8. This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements. FIDELITY NATIONAL TITLE INSURANCE CO. FIDELITY NATIONAL TITLE INSURANCE COMPANY ENDORSEMENT Restrictions, Encroachments, Minerals Endorsement Texas Form T-19.1 Otilce File Number Poll Jacket Number Date of Endorsement Amount of Insurance Premium Code Rule 4 5 6 9 FTDAL34-FT000002939401 273IJ843.-3031 July 7, 2011 EN S100.00 0411 R-11h ACCESS ENDORSEMENT T-23 Attached to and made a part of Policy No. 2739843-3031 Issued by FIDELITY NATIONAL TITLE INSURANCE COMPANY The Company insures against loss or damage sustained by the insured if, at Date of Policy: (i) the land does not abut and have both actual vehicular and pedestrian access to and from Meadow Land Street as to Tracts One and Two; University Drive and Texas Avenue as to Tract One (the "Street") .. · This endorsement is made a part of the policy. Except as it expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements. FIDELITY NATIONAL TITLE INSURANCE CO. By:A~~udl FIDELITY NATIONAL TITLE INSURANCE COMPANY ENDORSEMENT Access Endorsement Texas Form T-23 (Effective 4-1-04) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses that arise by reason of: 1. (a) Any law, ordinance, penni~ or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting or relating to: (i) the occupancy, use, or enjoyment of the I.and; (ii) the character, dimensions or location of any improvement erected on the Land; (iii) subdivision oflaod; or (iv) environmental protection; or the effect of any violation of these laws, ordinances or governmental regulations. This Exclusion I (a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1 (b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encwnbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the PublicRecordsatDate ofPolicy, but Known to the Insured Clairnaotand not disclosed in writing to the Company by the Insured Oaimantprior to the date the Insured Claimant became an Insured under this policy; ( c) resulting in no loss or damage to the Insured Oairnaot; ( d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and IO); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation offederal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is: (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the TI tie for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A 6. The refusal of any person to purchase, lease or lend money on the estate or interest covered hereby in the land described in Schedule A because of Unmarketable Title. CONDITIONS 1. DEFINITION OF TERMS. The following terms when used in this policy mean: (a) "Amount oflnsurance": the amount stated in Schedule A, as may be increased or decreased by endorsement to this policy, increased by Section 8(b ), or de- creased by Sections I 0 and 11 of these Conditions. (b) "Date of Policy": The date designated as "Date of Policy" in Schedule A. (c) "Entity": A corporation, partnership, trust, limited liability company or other similar legal entity. (d) "Insured": the Insured named in Schedule A. (i) The term "Insured" also includes: (A) successors to the Title of the Insured by operation oflaw as distin- guished from purchase, including heirs, devisees, survivors, per- sonal representatives or next of kin; (B) successors to an Insured by dissolution, merger, consolidation, dis- tribution or reorganization; (C) successors to an Insured by its conversion to another kind of En- tity; (D) a grantee of an Insured under a deed delivered without payment of actual valuable consideration conveying the Title; (I) If the stock, shares, memberships, or other equity interests of the grantee are wholly-owned by the named Insured, (2) If the grantee wholly owns the named Insured, (3) If the grantee is wholly-owned by an affiliated Entity of the named Insured, provided the affiliated Entity and the named Insured are both wholly-owned by the same person or En- tity, or ( 4) If the grantee is a trustee or beneficiary of a trust created by a written instrument established by the Insured named in Schedule A for estate planning purposes. (ii) With regard to (A), (B), (C) and (D) reserving, however, all rights and defenses as to any successor that the Company would have had against any predecessor Insured. ( e) "Insured Claimant": an Insured claiming loss or damage. (f) "Knowledge" or "Known": actual knowledge, not constructive knowledge or notice that may be imputed to an Insured by reason of the Public Records or any other records that impart constructive notice of matters affecting the Title. (g) "Land": the land described in Schedule A, and affixed improvements that by law constitute real property. The term "Land" does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but this does not modify or limit the extent that a right of access to and from the Land is insured by this policy. (h) "Mortgage": mortgage, deed of trust, trust deed, or other security instrument, including one evidenced by electronic means authorized by law. (i) "Public Records": records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. With respect to Covered Risk 5(d), "Public Records" shall also include environmental pro- tection liens filed in the records of the clerk of the United States District Court for the district where the Land is located. (j) ''Title": the estate or interest described in Schedule A. (k) "Unmarketable Title": Title affected by an alleged or apparent matter that 2739843 would permit a prospective purchaser or lessee of the Title or lender on the Title to be released from the obligation to purchase, lease or lend ifthere is a contractual condition requiring the delive~ of marketable title. 2. CONTINUATION OF INSURANCE. The coverage of this policy shall continue in force as of Date of Policy in favor of an Insured, but only so long as the Insured retains an estate or interest in the Land, or holds an obligation secured by a purchase money Mortgage given by a purchaser from the Insured, or only so long as the Insured shall have liability by reason of warranties in any transfer or conveyance of the Title. This policy shall not continue in force in favor of any purchaser from the Insured of either (i) an estate or interest in the Land, or (ii) an obligation secured by a purchase money Mortgage given to the Insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT. The Insured shall notify the Company promptly in writing (i) in case of any litiga- tion as set forth in Section 5(a) below, or (ii) in case Knowledge shall come to an Insured hereunder of any claim of title or interest that is adverse to the Title, as insured, and that might cause loss or damage for which the Company may be liable by virtue of this policy. If the Company is prejudiced by the failure of the Insured Claimant to provide prompt notice, the Company's liability to the Insured Claimant under the policy shall be reduced to the extent of the prejudice. When, after the Date of the Policy, the Insured notifies the Company as required herein of a lien, encumbrance, adverse claim or other defect in Title insured by this policy that is not excluded or excepted from the coverage of this policy, the Com- pany shall promptly investigate the charge to determine whether the lien, encum- brance, adverse claim or defect or other matter is valid and not barred by law or statute. The Company shall notify the Insured in writing, within a reasonable time, of its determination as to the validity or invalidity of the lnsured's claim or charge under the policy. If the Company concludes that the lien, encumbrance, adverse claim or defect is not covered by this policy, or was otherwise addressed in the closing of the transaction in connection with which this policy was issued, the Com- pany shall specifically advise the Insured of the reasons for its determination. If the Company concludes that the lien, encumbrance, adverse claim or defect is valid, the Company shall take one of the following actions: (i) institute the necessary proceedings to clear the lien, encumbrance, adverse claim or defect from the Title as insured; (ii) indemnify the Insured as provided in this policy; (iii) upon payment of appropriate premium and charges therefore, issue to the Insured Claimant or to a subsequent owner, mortgagee or holder of the estate or interest in the Land insured by this policy, a policy of title insurance without exception for the lien, encum- brance, adverse claim or defect, said policy to be in an amount equal to the current value of the Land or, if a loan policy, the amount of the loan; (iv) indemnify another title ·insurance company in connection with its issuance of a policy(ies) of title insurance without exception for the lien, encumbrance, adverse claim or defect; (v) secure a release or other document discharging the lien, encumbrance, adverse claim or defect; or (vi) undertake a combination of(i) through (v) herein. 4. PROOF OF LOSS. In the event the Company is unable to determine the amount of loss or damage, the Company may, at its option, require as a condition of payment that the Insured Claimant furnish a signed proof of loss. The proof ofloss must describe the defect, lien, encumbrance or other matter insured against by this policy that constitutes the Owner's Policy ofTitle Insurance (T-1) basis of loss or damage and shall state, to the extent possible, the basis of calculat- ing the amount of the loss or damage. 5. DEFENSE AND PROSECUTION OF ACTIONS. (a) Upon written request by the Insured, and subject to the options contained in Sections 3 and 7 of these Conditions, the Company, at its own cost and with- out unreasonable delay, shall provide for the defense of an Insured in litiga- tion in which any third party asserts a claim covered by this policy adverse to the Insured. This obligation is limited to only those stated causes of action alleging matters insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of the Insured to object for reasonable cause) to represent the Insured as to those stated causes of action. It shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs or expenses incurred by the Insured in the defense of those causes of action that allege matters not insured against by this policy. (b) The Company shall have the right, in addition to the options contained in Sections 3 and 7, at its own cost, to institute and prosecute any action or proceeding or to do any other act that in its opinion may be necessary or desirable to establish the Title, as insured, or to prevent or reduce loss or damage to the Insured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable to the Insured. The exercise of these rights shall not be an admission ofliability or waiver of any provision of this policy. If the Company exercises its rights under this subsec- tion, it must do so diligently. (c) Whenever the Company brings an action or asserts a defense as required or permitted by this policy, the Company may pursue the litigation to a final determination by a court of competent jurisdiction and it expressly reserves the right, in its sole discretion, to appeal from any adverse judgment or order. 6. DUTY OF INSURED CLAIMANT TO COOPERATE. (a) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding and any appeals, the In- sured shall secure to the Company the right to so prosecute or provide de- fense in the action or proceeding, including the right to use, at its option, the name of the Insured for this purpose. Whenever requested by the Company, the Insured, at the Company's expense, shall give the Company all reason- able aid (i) in securing evidence, obtaining witnesses, prosecuting or defend- ing the action or proceeding, or effecting settlement, and (ii) in any other lawful act that in the opinion of the Company may be necessary or desirable to establish the Title or any other matter as insured. If the Company is preju- diced by the failure of the Insured to furnish the required cooperation, the Company's obligations to the Insured under the policy shall terminate, in- cluding any liability or obligation to defend, prosecute, or continue any litiga- tion, with regard to the matter or matters requiring such cooperation. (b) The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized representative of the Company and to produce for examination, inspection and copying, at such reasonable times and places as may be designated by the authorized representative of the Company, all records, in whatever medium maintained, including books, led- gers, checks, memoranda, correspondence, reports, e-mails, disks, tapes, and videos whether bearing a date before or after Date of Policy, that reasonably pertain to the loss or damage. Further, if requested by any authorized repre- sentative of the Company, the Insured Claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, in- spect and copy all of these records in the custody or control of a third party that reasonably pertain to the loss or damage. All information designated as confidential by the Insured Claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judg- ment of the Company, it is necessary in the administration of the claim. Fail- ure of the Insured Claimant to submit for examination under oath, produce any reasonably requested information or grant permission to secure reason- ably necessary information from third parties as required in this subsection, unless prohibited by law or governmental regulation, shall terminate any li- ability of the Company under this policy as to that claim. 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMJNATION OF LIABILITY. In case of a claim under this policy, the Company shall have the following addi- tional options: (a) To Pay or Tender Payment of the Amount oflnsurance. To pay or tender payment of the Amount of Insurance under this policy together with any costs, attorneys' fees and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to pay. Upon the exercise by the Company of this option, all liability and obligations of the Company to the Insured under this policy, other than to make the payment required 2739843 in this subsection, shall terminate, including any liability or obli~ation to defend, prosecute, or continue any litigation. (b) To Pay or Otherwise Settle With Parties Other than the Insured or With the Insured Claimant. (i) to pay or otherwise settle with other parties for or in the name of an Insured Claimant any claim insured against under this policy. In addi- tion, the Company will pay any costs, attorneys' fees and expenses in- curred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay; or (ii) to pay or otherwise settle with the Insured Claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obli- gated to pay. Upon the exercise by the Company of either of the options provided for in subsections (b)(i) or (ii), the Company's obligations to the Insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liabil- ity or obligation to defend, prosecute or continue any litigation. 8. DETERMINATION AND EXTENT OF LIABILITY. This policy is a contract of indemnity against actual monetary loss or damage sus- tained or incurred by the Insured Claimant who has suffered loss or damage by reason of matters insured against by this policy. (a) The extent of liability of the Company for loss or damage under this policy shall not exceed the lesser of: (i) the Amount of Insurance; or (ii) the difference between the value of the Title as insured and the value of the Title subject to the risk insured against by this policy. (b) If the Company pursues its rights under Section 3 or 5 and is unsuccessful in establishing the Title, as insured, (i) the Amount of Insurance shall be increased by 10%, and (ii) the Insured Claimant shall have the right to have the loss or damage determined either as of the date the claim was made by the Insured Claim- ant or as of the date it is settled and paid. (c) In addition to the extent of liability under (a) and (b), the Company will also pay those costs, attorneys' fees and expenses incurred in accordance with Sections 5 and 7 of these Conditions. 9. LIMITATION OF LIABILITY. (a) Ifthe Company establishes the Title, or removes the alleged defect, lien or encumbrance, or cures the lack of a right of access to or from the Land, all as insured, or takes action in accordance with Section 3 or 7, in a reasonably diligent manner by any method, including litigation and the completion of any appeals, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused to the Insured. (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals, adverse to the Title, as insured. (c) The Company shall not be liable for loss or damage to the Insured for liability voluntarily assumed by the Insured in settling any claim or suit without the prior written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY. All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the Amount oflnsurance by the amount of the payment. 11. LIABILITY NONCUMULATIVE. The Amount oflnsurance shall be reduced by any amount the Company pays under any policy insuring a Mortgage to which exception is taken in Schedule B or to which the Insured has agreed, assumed, or taken subject or which is executed by an Insured after Date of Policy and which is a charge or lien on the Title, and the amount so paid shall be deemed a payment to the Insured under this policy. 12. PAYMENT OF LOSS. When liability and the extent ofloss or damage have been definitely fixed in accor- dance with these Conditions, the payment shall be made within 30 days. 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLE!V"..ENT. (a) Whenever the Company shall have settled and paid a claim under this policy, it shall be subrogated and entitled to the rights of the Insured Claimant in the Title and all other rights and remedies in respect to the claim that the Insured Claimant has against any person or property, to the extent of the amount of any loss, costs, attorneys' fees and expenses paid by the Company. If re- quested by the Company, the Insured Claimant shall execute documents to evidence the transfer to the Company of these rights and remedies. The In- Owner's Policy of Title Insurance (T-1) sured Claimant shall permit the Company to sue, compromise or settle in the.nam<'.1-ofthe Insured Claimant and to use the name of the Insured Claimant in any transaction or litigation involving these rights and remedies. If a payment on account of a claim does not fully cover the loss of the Insured Claimant, the Company shall defer the exercise of its right to recover until after the Insured Claimant shall have recovered its loss. (b) The Company's right of subrogation includes the rights of the Insured to indemnities, guaranties, other policies of insurance or bonds, notwithstand- ing any terms or conditions contained in those instruments that address sub- rogation rights. 14. ARBITRATIO '. Either the Company or the Insured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Title Association ("Rules"). Except as provided in the Rules, there shall be no joinder or consolidation with claims or controversies of other persons. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Insured arising out of or relating to this policy, any service in connection with its issuance or the breach of a policy provision, or to any other controversy or claim arising out of the transaction giving rise to this policy. All arbitrable matters when the Amount oflnsurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured, unless the Insured is an individual person (as distinguished from an Entity). All arbitrable matters when the Amount of Insurance is in excess of $2,000,000 shall be arbitrated only when agreed to by both the Company and the Insured. Arbitration pursuant to this policy and under the Rules shall be binding upon the parties. Judgment upon the award rendered by theArbitrator(s) may be entered in any court ofcompetentjurisdiction. 15. LIABILITY LIMITED TO TIDS POLICY; POLICY ENTIRE CO TRACT. (a) This policy together with all endorsements, if any, attached to it by the Com- pany is the entire policy and contract between the Insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim ofloss or damage that arises out of the status of the Title or by any action asserting such claim, shall be restricted to this policy. ( c) Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized person, or expressly incorporated by Schedule A of this policy. 2739843 ( d) Each endorsement to this policy issued at any time is made a part of this policy and is subject to all of its terms and provisions. Except as the endorse- ment expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsement, (iii) extend the Date of Policy or (iv) increase the Amount oflnsurance. Each Commitment, endorsement or other form, or provision in the Schedules to this policy that refers to a term defined in Section l of the Conditions shall be deemed to refer to the term regardless of whether the term is capitalized in the Commitment, endorse- ment or other form, or Schedule. Each Commitment, endorsement or other form, or provision in the Schedules that refers to the Conditions and Stipula- tions shall be deemed to refer to the Conditions of this policy. 16. SEVERABILITY. In the event any provision of this policy, in whole or in part, is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision or such part held to be invalid and all other provisions shall remain in full force and effect. 17. CHOICE OF LAW; FORUM. (a) Choice of Law: The Insured acknowledges the Company has underwritten the risks covered by this policy and determined the premium charged there- fore in reliance upon the law affecting interests in real property and appli- cable to the interpretation, rights, remedies or enforcement of policies of title insurance of the jurisdiction where the Land is located. Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity of claims against the Title that are adverse to the Insured, and in interpreting and enforcing the terms of this policy. In neither case shall the court or arbitrator apply its conflicts of laws principles to determine the applicable law. (b) Choice of Forum: Any litigation or other proceeding brought by the Insured against the Company must be filed only in a state or federal court within the United States of America or its territories having appropriate jurisdiction. 18. NOTICES, WHERE SENT. Any notice of claim and any other notice or statement in writing required to be given the Company under this Policy must be given to the Company at National Claims Administration, P.O. Box 45023, Jacksonville, FL 32232-5023. Owner's Policy of Title Insurance (T-1) .. IMPORTANT NOTICE To obtain information or make a complaint: You may call Fidelity National Title Insurance Company's toll-free telephone number for information or to make a complaint at: 1-800-252-3439 You may also write to Fidelity National Title Insurance Company at: 10100 San Pedro, Suite 630 San Antonio, TX 78216 You may contact the Texas Department of Insurance to obtain in- formation on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department oflnsurance: P.O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: htq?://www.tdi.state.tx.us E-mail: ConsumerProtection@tdi.state. tx. us PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the company first. If the dispute is not resolved, you may contact the Texas Department oflnsurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. AVISO IMPORTANTE Para obtener informacion o para someter una queja: Usted puede llamar al numero de telefono gratis Compania de Seguros de Titulo de Chicago Title para informacion o para someter una queja al: 1-800-252-3439 Usted tambien puede escribir a Compania Seguros de Titulo de Chicago Title 10100 San Pedro, Suite 630 San Antonio, TX 78216 Puede comunicarse con el Departamento de Seguros de Texas para obtener informacion acerca de companias, coberturas, derechos o quejas al: 1-800-252-3439 Puede escribir al Departamento de Seguros de Texas: P.O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: http://www.tdi.state.tx.us E-mail: ConsumerProtection@tdi.state.tx.us DISPUTAS SOBRE PRIMAS 0 RECLAMOS: Si tiene una disputa concemiente a su prima o a un reclamo, debe comunicarse con el la compania) primero. Si no se resuelve la disputa, puede entonces comunicarse con el departamento (TDI). UNA ESTE AVISO A SU POLIZA: Este aviso es solo para proposito de informacion y no se convierte en parte o condicion de! documento adjunto. • Fidelity National Title Insurance Company Policy Number: 2739843-3032 0WNER'S POLICY OF TITLE INSURANCE (T-1) Issued by Fidelity National Title Insurance Company Any notice of claim and any other notice or statement in writing required to be given the Company under this Policy must be given to the Company at the address shown in Section 18 of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS, FIDELITY NATIONAL TITLE INSURA 1CE COMPANY, a Ne- braska corporation (the "Company") insures, as of Date of Policy and, to the extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of: I. Title being vested other than as stated in Schedule A 2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from : (a) A defect in the Title caused by: (i) forgery, fraud, undue influence, duress, incompetency, incapacity or impersonation; (ii) failure of any person or Entity to have authorized a transfer or conveyance; (iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, nota- rized or delivered; (iv) failure to perform those acts necessary to create a document by electronic means authorized by law; (v) a document executed under a falsified, expired or otherwise invalid power of attorney; (vi) a document not properly filed, recorded or indexed in the Public Records including failure to per- form those acts by electronic means authorized by law; or (vii) a defective judicial or administrative proceeding. (b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid. (c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. The term "encroachment" includes encroachments of existing improvements located on the Land onto adjoining land, and en- croachments onto the Land of existing improvements located on adjoining land. (d) Any statutory or constitutional mechanic's, contractor's, or materialman's lien for labor or materials having its inception on or before Date of Policy. 3. Lack of good and indefeasible Title. 4. No right of access to and from the Land. 5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting or relating to: (a) the occupancy, use or enjoyment of the Land; (b) the character, dimensions or location of any improvement erected on the Land; (c) subdivision ofland; or ( d) environmental protection if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to the extent of the violation or enforcement referred to in that notice. 6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice. 7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records. 8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value 2739843 Owner's Policy ofTitle Insurance (T-1 ) 2739843 without Knowledge. 9. Title being vested other than as stated in Schedule A or being defective: (a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency or similar creditors' rights laws; or (b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state insolvency or similar creditors' rights laws by reason of the failure of its recording in the Public Records: (i) to be timely, or (ii) to impart notice of its existence to a purchaser for value or a judgment or lien creditor. 10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks I through 9 that has been created or attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The Company will also pay the costs, attorneys' fees and expenses incurred in defense of any matter insured against by this Policy, but only to the extent provided in the Conditions. Fidelity National Title 260 Three Lincoln Center 5430 LBJ Freeway Dallas, Texas 75240 Fidelity National Title Insurance Company Phone (972) 770-2121 Fax (972) 770-2112 ~~ Authorized Signature By: AITEST President Secretary Owner's Policy of Title Insurance (T-1) FIDELITY NATIONAL TITLE INSURANCE COMPANY PO Box 45023 Jacksonville, FL 32232-5023 OWNER'S POLICY OF TITLE INSURANCE T-1 SCHEDULE A File Number: FTDAL34-FT000002939403 Policy Number: 2739843-3032 Address for Reference only: 420 S. Texas Avenue College Station, Texas Amount of Insurance: $ 257, 179.01 Premium: $ 1,648.36 Date of Policy: July 7, 2011at02:18 PM 1. Name of Insured: Woodridge College Station IV, LLC, a Delaware limited liability company 2. The estate or interest in the Land that is insured by this policy is: Fee Simple 3. Title is insured as vested in: Woodridge College Station IV, LLC, a Delaware limited liability company 4. The Land referred to in this policy is described as follows: (Vacant Land -Former Gas Station) METES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE J.E. SCOTT LEAGUE, ABSTRACT NO. 50, COLLEGE STATION, BRAZOS COUNTY, TEXAS. SAID TRACT BEING THE REMAINDER OF A CALLED 0.172 ACRE TRACT AS DESCRIBED BY A DEED TO BCSK MANAGEMENT, INC.RECORDED IN VOLUME 7018, PAGE 196 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS. SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT A 5/8 INCH IRON ROD FOUND ON THE SOUTHWEST LINE OF TEXAS AVENUE (100' R..O.W.) MARKING THE NORTH CORNER OF A CALLED 4.5047 ACRE TRACT DESCRIBED AS TRACT 1 BY A DEED TO TEXAS STUDENT HOUSING CORPORATION RECORDED IN VOLUME 2519,PAGE 202 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, AND THE EAST CORNER OF A CALLED 1.855 ACRE TRACT AS DESCRIBED BY A DEED TO EQI COLLEGE STATION PARTNERSHIP,l.P.RECORDED IN VOLUME 7619, PAGE 141 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS; THENCE: S47° 41' 22" E ALONG THE SOU'IHWEST LINE OF TEXAS AVENUE FOR A DISTANCE OF 457.46 FEET TO A POINT MARKING THE NORTH CORNER OF SAID REMAINDER OF 0.172 ACRE TRACT AND THE POINT OF BEGINNING OF THIS HEREIN DESCRIBED TRACT; THENCE: S 47° 41' 22" E CONTINUING ALONG THE SOUTHWEST LINE OF TEXAS AVENUE FOR A DISTANCE OF 56.81 FEET TO AN "X" FOUND IN CONCRETE MARKING THE TRANSITION BETWEEN THE SOUTHWEST LINE OF TEXAS AVENUE AND THE NORTHWEST LINE OF UNIVERSITY DRIVE (FM 60); THENCE: S 08° 47' 35" E ALONG SAID TRANSITION LINE FOR A DISTANCE OF 23.57 FEET TO AN "X" FOUND IN CONCRETE ON THE NORTHWEST LINE OF UNIVERSITY DRIVE; THENCE: S 41 ° 43' 03" W ALONG THE NORTHWEST LINE OF UNIVERSITY DRIVE FOR A DISTANCE OF 85.20 FEET TO A POINT MARKING THE SOUTH CORNER OF THIS HEREIN DESCRIBED TRACT, FOR FDTX0622.rdw Owner's Policy of Title Insurance (T-1) (05/01/08) (Schedule A) File Number: FTDAL34-FT000002939403 Policy Number: 2739843-3032 REFERENCE A 5/8TH INCH IRON ROD FOUND ON THE NORTHEAST LINE OF MEADOWLAND STREET (30' R.O.W.) BEARS: S 41 ° 43' 03" W FOR A DISTANCE OF288.78 FEET; THENCE: N 47° 41' 22" W ALONG THE COMMON LINE OF SAID REMAINDER OF 0.172 ACRE TRACT AND SAID 4.5047 ACRE TRACT FOR A DISTANCE OF 75.00 FEET TO A POINT MARKING THE WEST CORNER OF THIS HEREIN DESCRIBED TRACT; THENCE: N 41 ° 43' 03" E CONTINUING ALONG THE COMMON LINE OF SAID 4.5047 ACRE TRACT AND SAID REMAINDER OF 0.172 ACRE TRACT FOR A DISTANCE OF 100.00 FEET-TO THE POINT OF BEGINNING CONTAINING 0.17 OF AN ACRE OF LAND, MORE OR LESS, AS SURVEYED ON THE GROUND OCTOBER, 2007. NOTE: COMPANY DOES NOT REPRESENT THAT THE ABOVE ACREAGE AND/OR SQUARE FOOTAGE CALCULATIONS ARE CORRECT. FDTX0622.rdw Owner's Policy ofTitle Insurance (T-1) (05/01/08) (Schedule A) SCHEDULE B File Number: FTDAL34-FT000002939403 Policy Number: 2739843-3032 EXCEPTIONS FROM COVERAGE This Policy does not insure against loss or damage (and the Company will not pay costs, attorney's fees or expenses) that arise by reason of the terms and conditions of the leases or easements insured, if any, shown in Schedule A and the following matters: 1. The following restrictive covenants of record itemized below (We must either insert specific recording data or delete this exception): Volume 89, Page 488, Deed Records, Brazos County, Texas -but deleting any covenants, conditions or restrictions indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, or national origin unless and only to the extent that said covenant (a) is exempt under Chapter 42, Section 3607 of the United States Code or (b) relates to hand icap but does not discriminate against handicapped persons. 2. Shortages in area. 3. Homestead or community property or survivorship rights, if any, of any spouse of any insured. (Applies to the Owner Policy only.) 4. Any titles or rights asserted by anyone, including, but not limited to, persons, the public, corporations, governments or other entities, a. to tidelands, or lands comprising the shores or beds of navigable or perennial rivers and streams, lakes, bays, gulfs or oceans, or b. to lands beyond the line of the harbor or bulkhead lines as established or changed by any government, or c. to filled-in lands, or artificial islands, or d. to statutory water rights, including riparian rights, or e. to the area extending from the line of mean low tide to the line of vegetation, or the rights of access to that area or easement along and across that area. (Applies to the Owner Policy only.) 5. Standby fees, taxes, and assessments by any taxing authority for the year 2011 , and subsequent years; and subsequent taxes and assessments by any taxing authority for prior years due to change in land usage or ownership, but not those taxes or assessments for prior years because of an exemption granted to a previous owner of the property under Section 11 .13, Texas Tax Code, or because of improvements not assessed for a previous tax year. 6. The following matters and all terms of the documents creating or offering evidence of the matters (We must insert matters or delete this exception.): a. Rights of tenants, as tenants only without option or rights of first refusal to purchase all or any portion of the land, under unrecorded leases or rental agreements. b. Terms, Conditions, and Stipulations in the Commercial Lease Agreement by and between: Lessor: Lessee: Dated: Recorded: Jack L. Grant and Philip D. Grant K. D. Timmons, Inc. February 15, 1989 Volume 1127, Page 541 , Official Records, Brazos County, Texas. FORM T-1 : Owner's Policy of Title Insurance (Schedule B) File Number: FTDAL34-FT000002939403 SCHEDULE 8 (Continued) Policy Number: 2739843-3032 c. Estate Created by Oil and Gas Lease, and all terms, conditions and stipulations therein: Lessor: Jack L. Grant, et ux Lessee: North Central Oil Corporation Dated: April 21 , 1983 Recorded: Volume 85, Page 788, Oil & Gas Lease Records, Brazos County, Texas. Title to said interest has not been investigated subsequent to the date of the aforesaid instrument. d. Estate Created by Oil and Gas Lease, and all terms, conditions and stipulations therein: Lessor: Philip 0 . Grant, et ux Lessee: North Central Oil Corporation Dated: May 2, 1983 Recorded: Volume 86, Page 174, Oil & Gas Lease Records, Brazos County, Texas. Title to said interest has not been investigated subsequent to the date of the aforesaid instrument. e. All, leases, grants, exceptions or reservations of coal, lignite, oil, gas and other minerals, together with all rights, privileges, and immunities relating thereto, appearing in the Public Records whether listed in Schedule B or not. There may be leases, grants, exceptions or reservations of mineral interest that are not listed. f. 25' Building line on the northeast and southeast side; as shown on survey prepared on October 18, 2007, under the supervision of Brad Kerr, RPLS No. 4502. FORM T-1: Owner's Policy of Title Insurance (Schedule B) Office File Number Policv Jacket Number Date of Endorsement Amount of Insurance Type Premium FTDAL34-FT000002939403 27398'13-3032 July 7, 2011 15EN 16 $168.20 RESTRICTIONS, ENCROACHMENTS, MINERALS ENDORSEMENT- OWNER POLICY (T-19.1) Attached to and made a part of Policy No. 2739843-3032 Issued By Fidelity National Title Insurance Company The Company insures against loss or damage sustained by the Insured by reason of: 1. The existence, at Date of Policy, of any of the following unless expressly excepted in Schedule B: Code Rule 1 9 0411 I R-11h a. Present violations on the Land of any enforceable covenants. conditions, or restrictions. or any existing improvements on the Land that violate any building setback lines shown on a plat of subdivision recorded or filed in the Public Records. b. Any instrument referred to in Schedule B as containing covenants, conditions, or restrictions on the Land that, in addition, (i) establishes an easement on the Land; (ii) provides for an option to purchase, a right of first refusal, or the prior approval of a future purchaser or occupant, or (iii) provides a right of reentry, possibility of reverter, or right of forfeiture because of violations on the Land of any enforceable covenants. conditions or restrictions. c. Any encroachment of existing improvements located on the Land onto adjoining land, or any encroachment onto the Land of existing improvements located on adjoining land. d. Any encroachment of existing improvements located on the Land onto that portion of the Land subject to any easement excepted in Schedule B. e. Any notices of violation of covenants, conditions, or restrictions relating to environmental protection recorded or filed in the Public Records. 2. Damage to existing buildings that are located on or encroach upon that portion of the Land subject to any easement excepted in Schedule B, which damage results from the exercise of the right to maintain the easement for the purpose for which it was granted or reserved. 3. Damage to improvements (excluding lawns. shrubbery, or trees) located on the Land on or after Date of Policy resulting from the future exercise of any right existing at Date of Policy to use the surface of the Land for the extraction or development of minerals excepted from the description of the Land or excepted in Schedule 8. 4. Any final court order or judgment requiring the removal from any land adjoining the Land of any encroachment, other than fences, landscaping, or driveways, excepted in Schedule B. 5. Any final court order or judgment denying the right to maintain any existing building on the Land because of any violation of covenants, conditions. or restrictions. or building setback lines shown on a plat of subdivision recorded or filed in the Public Records. Wherever in this endorsement the words "covenants. conditions. or restrictions" appear, they do not include the terms, covenants, conditions. or limitations contained in an instrument creating a lease. As used in paragraphs 1.a. and 5, the words "covenants. conditions, or restrictions" do not include any covenants, conditions. or restrictions (a) relating to obligations of any type to perform maintenance, repair, or remediation on the Land, or (b) pertaining to environmental protection of any kind or nature, including hazardous or toxic matters, conditions, or substances. except to the extent that a notice of a violation or alleged violation affecting the Land has been recorded or filed in the Public Records at Date of Policy and is not excepted in Schedule B. This endorsement is issued as part of the policy. Except as it expressly states. it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement. this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements. FIDELITY NATIONAL TITLE INSURANCE COMPi FIDELITY NATIONAL TITLE INSURANCE COMPANY ENDORSEMENT Restrictions, Encroachments, Minerals Endorsement Texas Form T-19.1 Office File Number Polic Jacket Number Date of Endorsement Amount of Insurance Premium Code Rule 5 6 9 FTDAL34-FT000002939403 2739843-3032 July 7, 2011 EN S100.00 0411 R-11h ACCESSENDORSEMENTT~3 Attached to and made a part of Policy No. 2739843-3032 Issued by FIDELITY NATIONAL TITLE INSURANCE COMPANY The Company insures against loss or damage sustained by the insured if, at Date of Policy: (i) the land does not abut and have both actual vehicular and pedestrian access to and from University Drive and Texas Avenue (the "Street"),, This endorsement is made a part of the policy. Except as it expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements. FIDELITY NATIONAL TITLE INSURANCE COMP1 By: ~~W<(L_ AutrizedSignature FIDELITY NATIONAL TITLE INSURANCE COMPANY ENDORSEMENT Access Endorsement Texas Form T-23 (Effective 4-1-04) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting or relating to: (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions or location of any improvement erected on the Land; (iii) subdivision of land; or (iv) envirorunental protection; or the effect of any violation of these laws, ordinances or governmental regulations. This Exclusion l(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1 (b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encwnbrances, adverse claims or o~ matters: (a) created, suffered, assumed or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records atDate ofPolicy, but Known to the Insured Clairnantandnotdi.sclosedin writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; ( c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this docs not modify or limit the coverage provided under Covered Risk 9 and 10); or ( e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation offederal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is: (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instnunent of transfer in the Public Records that vests Title as shown in Schedule A. 6. The refusal of any person to purchase, lease or lend money on the estate or interest covered hereby in the land described in Schedule A because ofUnmarketable Title. CONDITIONS 1. DEFINITION OF TERMS. The following terms when used in this policy mean: (a) "Amount ofinsurance": the amount stated in Schedule A, as may be increased or decreased by endorsement to this policy, increased by Section 8(b), or de- creased by Sections 10 and 11 of these Conditions. (b) "Date of Policy": The date designated as "Date of Policy" in Schedule A. (c) "Entity": A corporation, partnership, trust, limited liability company or other similar legal entity. (d) "Insured": the Insured named in Schedule A. (i) The term "Insured" also includes: (A) successors to the Title of the Insured by operation oflaw as distin- guished from purchase, including heirs, devisees, survivors, per- sonal representatives or next ofk:in; (B) successors to an Insured by dissolution, merger, consolidation, dis- tribution or reorganization; (C) successors to an Insured by its conversion to another kind of En- tity; (D) a grantee of an Insured under a deed delivered without payment of actual valuable consideration conveying the Title; (!) If the stock, shares, memberships, or other equity interests of the grantee arc wholly-owned by the named Insured, (2) If the grantee wholly owns the named Insured, (3) Ifthe grantee is wholly-owned by an affiliated Entity of the named Insured, provided the affiliated Entity and the named Insured arc both wholly-owned by the same person or En- tity, or (4) If the grantee is a trustee or beneficiary ofa trust created by a written instrument established by the Insured named in Schedule A for estate planning purposes. (ii) With regard to (A), (B), (C) and (D) reserving, however, all rights and defenses as to any successor that the Company would have had against any predecessor Insured. (e) "Insured Claimant": an Insured claiming loss or damage. (f) "Knowledge" or "Known": actual knowledge, not constructive knowledge or notice that may be imputed to an Insured by reason of the Public Records or any other records that impart constructive notice of matters affecting the Title. (g) "Land": the land described in Schedule A, and affixed improvements that by law constit,ute real property. The term "Land" does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but this does not modify or limit the extent that a right of access to and from the Land is insured by this policy. (h) "Mortgage": mortgage, deed of trust, trust deed, or other security instrument, including one evidenced by electronic means authorized by law. (i) "Public Records": records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. With respect to Covered Risk 5( d), "Public Records" shall also include environmental pro- tection liens filed in the records of the clerk of the United States District Court for the district where the Land is located. (j) "Title": the estate or interest described in Schedule A. (k) "Unmarketable Title": Title affected by an alleged or apparent matter that 2739843 would permit a prospective purchaser or lessee of the Title or lender on the Title to be released from the obligation to purchase, lease or lend ifthere is a contractual condition requiring the delivery of marketable title. 2. CONTINUATION OF INSURANCE. The coverage of this policy shall continue in force as of Date of Policy in favor of an Insured, but only so long as the Insured retains an estate or interest in the Land, or holds an obligation secured by a purchase money Mortgage given by a purchaser from the Insured, or only so long as the Insured shall have liability by reason of warranties in any transfer or conveyance of the Title. This policy shall not continue in force in favor of any purchaser from the Insured of either (i) an estate or interest in the Land, or (ii) an obligation secured by a purchase money Mortgage given to the Insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT. The Insured shall notify the Company promptly in writing (i) in case of any litiga- tion as set forth in Section 5(a) below, or (ii) in case Knowledge shall come to an Insured hereunder of any claim of title or interest that is adverse to the Title, as insured, and that might cause loss or damage for which the Company may be liable by virtue of this policy. If the Company is prejudiced by the fai lure of the Insured Claimant to provide prompt notice, the Company's liability to the Insured Claimant under the policy shall be reduced to the extent of the prejudice. When, after the Date of the Policy, the Insured notifies the Company as required herein of a lien, encumbrance, adverse claim or other defect in Title insured by this policy that is not excluded or excepted from tbe coverage of this policy, the Com- pany shall promptly investigate the charge to determine whether the lien, encum- brance, adverse claim or defect or other matter is valid and not barred by law or statute. The Company shall notify the Insured in writing, within a reasonable time, of its determination as to the validity or invalidity of the lnsured's claim or charge under the policy. If the Company concludes that the lien, encumbrance, adverse claim or defect is not covered by this policy, or was otherwise addressed in the closing of the transaction in connection with which this policy was issued, the Com- pany shall specifically advise the Insured of the reasons for its determination. If the Company concludes that the lien, encumbrance, adverse claim or defect is valid, the Company shall take one of the following actions: (i) institute the necessary proceedings to clear the lien, encumbrance, adverse claim or defect from the Title as insured; (ii) indemnify the Insured as provided in this policy; (iii) upon payment of appropriate premium and charges therefore, issue to the Insured Claimant or to a subsequent owner, mortgagee or holder of the estate or interest in the Land insured by this policy, a policy of title insurance without exception for the lien, encum- brance, adverse claim or defect, said policy to be in an amount equal to the current value of the Land or, if a loan policy, the amount of the loan; (iv) indemnify another title insurance company in connection with its issuance of a policy(ies) of title insurance without exception for the lien, encumbrance, adverse claim or defect; (v) secure a release or other document discharging the lien, encumbrance, adverse claim or defect; or (vi) undertake a combination of (i) through (v) herein. 4. PROOF OF LOSS. In the event the Company is unable to determine the amount of!oss or damage, the Company may, at its option, require as a condition of payment that the Insured Claimant furnish a signed proof of loss. The proof ofloss must describe the defect, lien, encumbrance or other matter insured against by this policy that constitutes the Owner's Policy ofTitle Insurance (T-1) basis of loss or damage and shall state, to the extent possible, the basis of calculat- ing the amount of the loss or damage. 5. DEFENSE AND PROSECUTION OF ACTIONS. (a) Upon written request by the Insured, and subject to the options contained in Sections 3 and 7 of these Conditions, the Company, at its own cost and with- out unreasonable delay, shall provide for the defense of an Insured in litiga- tion in which any third party asserts a claim covered by this policy adverse to the Insured. This obligation is limited to only those stated causes of action alleging matters insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of the Insured to object for reasonable cause) to represent the Insured as to those stated causes of action. It shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs or expenses incurred by the Insured in the defense of those causes of action that allege matters not insured against by this policy. (b) The Company shall have the right, in addition to the options contained in Sections 3 and 7, at its own cost, to institute and prosecute any action or proceeding or to do any other act that in its opinion may be necessary or desirable to establish the Title, as insured, or to prevent or reduce loss or damage to the Insured. The Company may take any appropriate action under the tenns of this policy, whether or not it shall be liable to the Insured. The exercise of these rights shall not be an admission of liability or waiver of any provision of this policy. Ifthe Company exercises its rights under this subsec- tion, it must do so diligently. (c) Whenever the Company brings an action or asserts a defense as required or pennitted by this policy, the Company may pursue the litigation to a final determination by a court of competent jurisdiction and it expressly reserves the right, in its sole discretion, to appeal from any adverse judgment or order. 6. DUTY OF INSURED CLAIMANT TO COOPERATE. (a) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding and any appeals, the In- sured shall secure to the Company the right to so prosecute or provide de- fense in the action or proceeding, including the right to use, at its option, the name of the Insured for this purpose. Whenever requested by the Company, the Insured, at the Company's expense, shall give the Company all reason- able aid (i) in securing evidence, obtaining witnesses, prosecuting or defend- ing the action or proceeding, or effecting settlement, and (ii) in any other lawful act that in the opinion of the Company may be necessary or desirable to establish the Title or any other matter as insured. lfthe Company is preju- diced by the failure of the Insured to furnish the required cooperation, the Company's obligations to the Insured under the policy shall terminate, in- cluding any liability or obligation to defend, prosecute, or continue any litiga- tion, with regard to the matter or matters requiring such cooperation. (b) The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized representative of the Company and to produce for examination, inspection and copying, at such reasonable times and places as may be designated by the authorized representative of the Company, all records, in whatever medium maintained, including books, led- gers, checks, memoranda, correspondence, reports, e-mails, disks, tapes, and videos whether bearing a date before or after Date of Policy, that reasonably pertain to the loss or damage. Further, if requested by any authorized repre- sentative of the Company, the Insured Claimant shall grant its pennission, in writing, for any authorized representative of the Company to examine, in- spect and copy all of these records in the custody or control of a third party that reasonably pertain to the loss or damage. All information designated as confidential by the Insured Claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judg- ment of the Company, it is necessary in the administration of the claim. Fail- ure ·of the Insured Claimant to submit for examination under oath, produce any reasonably requested information or grant permission to secure reason- ably necessary information from third parties as required in this subsection, unless prohibited by law or governmental regulation, shall terminate any li- ability of the Company under this policy as to that claim. 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION . OF LIABILITY. In case of a claim under this policy, the Company shall have the following addi- tional options: (a) To Pay or Tender Payment of the Amount of Insurance. To pay or tender payment of the Amount of Insurance under this policy together with any costs, attorneys' fees and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to pay. Upon the exercise by the Company of this option, all liability and obligations of the Company to the Insured under this policy, other than to make the payment required 2739843 in this subsection, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. (b) To Pay or Otherwise Settle With Parties Other than the Insured or With the Insured Claimant. (i) to pay or otherwise settle with other parties for or in the name of an Insured Claimant any claim insured against under this policy. In addi- tion, the Company will pay any costs, attorneys' fees and expenses in- curred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay; or (ii) to p:ly or otherwise settle wit.11 the Insured Claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obli- gated to pay. Upon the exercise by the Company of either of the options provided for in subsections (b)(i) or (ii), the Company's obligations to the Insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liabil- ity or obligation to defend, prosecute or continue any litigation. 8. DETERMINATION AND EXTENT OF LIABILITY. This policy is a contract of indemnity against actual monetary loss or damage sus- tained or incurred by the Insured Claimant who has suffered loss or damage by reason of matters insured against by this policy. (a) The extent of liability of the Company for loss or damage under this policy shall not exceed the lesser of: (i) the Amount oflnsurance; or (ii) the difference between the value of the Title as insured and the value of the Title subject to the risk insured against by this policy. (b) lfthe Company pursues its rights under Section 3 or 5 and is unsuccessful in establishing the Title, as insured, (i) the Amount oflnsurance shall be increased by I 0%, and (ii) the Insured Claimant shall have the right to have the loss or damage determined either as of the date the claim was made by the Insured Claim- ant or as of the date it is settled and paid. (c) In addition to the extent ofliability under (a) and (b), the Company will also pay those costs, attorneys' fees and expenses incurred in accordance with Sections 5 and 7 of these Conditions. 9. LIMITATION OF LIABILITY. (a) If the Company establishes the Title, or removes the alleged defect, lien or encumbrance, or cures the lack of a right of access to or from the Land, all as insured, or takes action in accordance with Section 3 or 7, in a reasonably diligent manner by any method, including litigation and the completion of any appeals, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused to the Insured. (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals, adverse to the Title, as insured. (c) The Company shall not be liable for loss or damage to the Insured for liability voluntarily assumed by the Insured in settling any claim or suit without the prior written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TER.J'\1.INATION OF LIABILITY. All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the Amount oflnsurance by the amount of the payment. 11. LIABILITY NONCUMULATIVE. The Amount of Insurance shall be reduced by any amount the Company pays under any policy insuring a Mortgage to which exception is taken in Schedule B or to which the Insured has agreed, assumed, or taken subject or which is executed by an Insured after Date of Policy and which is a charge or lien on the Title, and the amount so paid shall be deemed a payment to the Insured under this policy. 12. PAYMENT OF LOSS. When liability and the extent ofloss or damage have been definitely fixed in accor- dance with these Conditions, the payment shall be made within 30 days. 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT. (a) Whenever the Company shall have settled and paid a claim under this policy, it shall be subrogated and entitled to the rights of the Insured Claimant in the Title and all other rights and remedies in respect to the claim that the Insured Claimant bas against any person or property, to the extent of the amount of any loss, costs, attorneys' fees and expenses paid by the Company. If re- quested by the Company, the Insured Claimant shall execute documents to evidence the transfer to the Company of these rights and remedies. The In- Owner's Policy ofTitle Insurance (T-1) sured Claimant· sha!L permit the Company to sue, compromise or settle in the name of the Insured Claimant and to use the name of the Insured Claimant in any transaction or litigation involving these rights and remedies. If a payment on account of a claim does not fully cover the loss of the Insured Claimant, the Company shall defer the exercise of its right to recover until after the Insured Claimant shall have recovered its loss. (b) The Company's right of subrogation includes the rights of the Insured to indemnities, guaranties, other policies of insurance or bonds, notwithstand- ing any terms or conditions contained in those instruments that address sub- rogation rights. 14. ARBITRATION. Either the Company or the Insured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Title Association ("Rules"). Except as provided in the Rules, there shall be no joinder or consolidation with claims or controversies of other persons. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Insured arising out of or relating to this policy, any service in connection with its issuance or the breach of a policy provision, or to any other controversy or claim arising out of the transaction giving rise to this policy. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured, unless the Insured is an individual person (as distinguished from an Entity). All arbitrable matters when the Amount of Insurance is in excess of $2,000,000 shall be arbitrated only when agreed to by both the Company and the Insured. Arbitration pursuant to this policy and under the Rules shall be binding upon the parties. Judgment upon the award rendered by theArbitrator(s) may be entered in any court of competent jurisdiction. 15. LIABILITY LIMITED TO TffiS POLICY; POLICY ENTIRE CONTRACT. (a) This policy together with all endorsements, if any, attached to it by the Com- pany is the entire policy and contract between the Insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage that arises out of the status of the Title or by any action asserting such claim, shall be restricted to this policy. (c) Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized person, or expressly incorporated by Schedule A of this policy. 2739843 (d) Each endorsement to this policy issued at any time is made a part of this policy and is subject to all of its terms and provisions. Except as the endorse- ment expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsement, (iii) extend the Date of Policy or (iv) increase the Amount of Insurance. Each Commitment, endorsement or other form, or provision in the Schedules to this policy that refers to a term defined in Section l of the Conditions shall be deemed to refer to the term regardless of whether the term is capitalized in the Commitment, endorse- ment or other form, or Schedule. Each Commitment, endorsement or other form, or provision in the Schedules that refers to the Conditions and Stipula- tions shall be deemed to refer to the Conditions of this policy. 16. SEVERABILITY. In the event any provision of this policy, in whole or in part, is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision or such part held to be invalid and all other provisions shall remain in full force and effect. 17. CHOICE OF LAW; FORUM. (a) Choice of Law: The Insured acknowledges the Company has underwritten the risks covered by this policy and determined the premium charged there- fore in reliance upon the law affecting interests in real property and appli- cable to the interpretation, rights, remedies or enforcement of policies of title insurance of the jurisdiction where the Land is located. Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity of claims against the Title that are adverse to the Insured, and in interpreting and enforcing the terms of this policy. In neither case shall the court or arbitrator apply its conflicts of laws principles to determine the applicable law. (b) Choice of Forum: Any litigation or other proceeding brought by the Insured against the Company must be filed only in a state or federal court within the United States of America or its territories having appropriate jurisdiction. 18. NOTICES, WHERE SENT. Any notice of claim and any other notice or statement in writing required to be given the Company under this Policy must be given to the Company at National Claims Administration, P.O. Box 45023, Jacksonville, FL 32232-5023. Owner's Policy of TI tie Insurance (T-1) IMPORTANT NOTICE To obtain information or make a complaint: You may call Fidelity National Title Insurance Company's toll-free telephone number for information or to make a complaint at: 1-800-252-3439 You may also write to Fidelity National Title lnsurance Company at: 10100 San Pedro, Suite 630 San Antonio, TX 78216 You may contact the Texas Department of Insurance to obtain in- formation on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department oflnsurance: P.O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: http://www.tdi.state.tx .us . E-mail: ConsumerProtection@tdi.state.tx.us PREMillM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. AVISO IMPORTANTE Para obtener informacion o para someter una queja: Usted puede llamar al numero de telefono gratis Compania de Seguros de Titulo de Chicago Title para informacion o para someter una queja al: 1-800-252-3439 Usted tambien puede escribir a Compania Seguros de Titulo de Chicago Title 10 I 00 San Pedro, Suite 630 San Antonio, TX 78216 Puede comunicarse con el Departamento de Seguros de Texas para obtener informacion acerca de companias, coberturas, derechos o quejas al: 1-800-252-3439 Puede escribir al Departamento de Seguros de Texas: P.O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: http://www.tdi.state.tx.us E-mail: ConsumerProtection@tdi.state.tx.us DISPUTAS SOBRE PRIMAS 0 RECLAMOS: Si tiene una disputa concemiente a su prima o a un reclamo, debe comunicarse con el la compania) primero. Si no se resuelve la disputa, puede entonces comunicarse con el departamento (TDI). UNA ESTE AVISO A SU POLIZA: Este aviso es solo para proposito de informacion y no se convierte en parte o condicion de! documento adjunto. GF o.: U125469 Examiner: Lana Barnes Effective Date: December 13, 2012 ST A TE OF TEXAS COUNTY OF BRAZOS NOTIDNG FURTHER CERTIFICATE THIS IS TO CERTIFY: That we have examined the records of the County Clerk of Brazos County, Texas as they are reflected in the geographically indexed title plant of University Title Company as to the follow ing property, to-wit: Tract One: (Hotel Tower) (Leasehold -410 S. Texas Avenue) Metes and bounds description of all tbat certain tract or parcel of land lying and being situated in the J.E. Scott League, Abstract No. SO, College Station, Brazos County, Texas. Said tract being all of a called 4.65 acre tract as described by a Deed to CHSC Ltd. recorded in Volume 8917, Page 44 of the Official Public Records of Brazos County, Texas, and the adjoining portion of the abandoned public right-of-way of Meadowland Street according to College Station Ordinance No. 2010-3232. 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 Texas Avenue (100' R.O. W.) marking the North corner of said 4.65 acre tract and the East corner of a called 1.855 acre tract as described by a Deed to EQI College Station Partnership, L.P. recorded in Volume 7619, Page 141 of the Official Public Records of Brazos County, Texas; THENCE: S 47° 41' 22" E along the Aouthwest line of Texas Avenue for a distance of 457.46 feet to a point marking the North corner of the remainder of a called 0 172 acre tract as described by a Deed to BCSK Management, Inc. recorded in Volume 7018, Page 196 of the Official Public Records of Brazos County, Texas, for reference an "x" found in concrete marking a transition from the Southwest line of Texas Avenue to the Northwest line of University Drive (FM 60), bears: S 47° 41' 22" E for a distance of 56.81 feet; THENCE: S 41° 43' 03" W along the common line of said 4.65 acre tract and said remainder of 0.172 acre tract for a distance of I 00.00 feet to a point marking the West corner of said remainder of 0.172 acre tract; THENCE: S 47° 41' 22" E continuing along the common line of said 4.65 acre tract and said remainder of0.172 acre tract for a distance of 75.00 feet to a point on the Northwest line of University Drive marking the South corner of said remainder of 0.172 acre tract; THENCE: S 41° 43' 03" W along the Northwest line of University Drive for a distance of 288.78 feet to a 5/8 inch iron rod found on the Northeast line of Meadowland Street (30' R.O.W.) marking the South corner of said 4.65 acre tract, for reference a Yz inch iron rod found bears: N 28° 19' 17" E for a distance of2.38 feet; THENCE: S 41° 39' 11" W continuing along the Northwest line of University Drive for a distance of 15.00 feet to the South corner of this herein described tract; THENCE: N 48° 41' 06" W along the centerline of Meadowland Street for a distance of 224.72 feet; THENCE: N 49° 08' 30" W continuing along the centerline of Meadowland Street for a distance of 306.09 feet to the West corner of this herein described tract; THENCE: N 41° 29' 06" E through Meadowland Street, at 14.31 feet pass the common corner of said 4.65 acre tract and said 1.855 acre tract, continue on along the common line of said 4.65 acre tract and said 1.855 acre tract for a total distance of 415.46 feet to the POINT OF BEGINNING containing 4.82 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.E. Scott League, Abstract No. SO, College Station, Brazos County, Texas. Said tract being all of Lots 6 through 16, Meadowland Addition, according to the plat recorded in Volume 94, Page 279 of the Deed Records of Brazos County, Texas, and the adjoining portion of the abandoned public right-of-way of Meadowland Street according to College Station Ordinance No. 2010-3232. Said tract being more particularly described by metes and bounds as follows: BEGINNING at an "x" found in concrete on the Southwest line of Meadowland Street marking the East corner of said Lot 6 and the North corner of a called 0.658 acre tract as described by a Deed to Rossco Holdings, Inc. recorded in Volume 6173, Page 128 of the Official Public Records of Brazos County, Texas; THENCE: S 41 ° 39' 11" W along the common line of said Lot 6 and said 0.656 acre tract for a distance of 169.07 feet to the Northeast line of a called tract of land currently owned by the Texas A&M University System; THENCE: N 49° 04' 04" W along the common line of said Lots 6 through 16 and said Texas A&M Tract for a distance of 548.31 feet to the common corner of said Lot 16 and Lot 17, Meadowland Addition; THENCE: N 41° 27' 11" E along the common line of said Lot 16 and Lot 17, at 1.44 feet pass a Yz inch iron rod found, continue on for a total distance of 182.03 feet to the original centerline of Meadowland Street; THENCE: S 49° 08' 30" E through Meadowland Street for a distance of 548.95 feet to the East corner of this herein described tract; THENCE: S 41° 39' 11" W continuing through Meadowland Street for a distance of 13.67 feet to the POINT OF BEGINNI G containing 2.297 acres of land, more or less. NOTE: The Company is prohibited from insuring the area or quantity of land described herein. Any statement in the above legal description of the area or quantity of land is not a representation that such area or quantity is correct, but is made only for informational and/or identification purposes. And that our records reflect that the following is a true and correct li st of documents affecting title to the real property described supra between the dates of January 17, 2012 and December 13, 2012: Extension: From: Woodridge College Station I, LLC To: CHSC, Ltd. Dated: January 31, 2012 Recorded: Volume 10515, Page 248, Official Records, Brazos County, Texas. (Extends Deed of Trust recorded in Volume 10243, Page 1, Official Records, Brazos County, Texas.) (Tract One) Terms, Conditions, and Stipulations in the Agreement by and between: Parties: Woodridge College Station I, LLC and CHSC, Ltd. Dated: February 22, 2012 Recorded: Volume 10549, Page 121, Official Records, Brazos County, Texas. (Modifies Deed of Trust recorded in Volume 10243, Page 1, Official Records, Brazos County, Texas.) (Tract One) Release of Lien: From: Standard Automatic Fire Enterprises To: BCSK Management, Inc. Dated: February 14, 2012 Recorded: Volume 10565, Page 97, Official Records, Brazos County, Texas. (Releases Mechanic Lien Affidavit recorded in Volume 10306, Page 52, Official Records, Brazos County, Texas.) (Tract One) Deed of Trust to secure a Note: Gran tor: Woodridge College Station I, LLC Trustee: Harvey Bookstein Beneficiary: HAR College Station I, LLC Amount: $12,000,000.00 Dated: February 24, 2012 Recorded: Volume 10549, Page 156, Official Records, Brazos County, Texas. (Tract One) Terms, Conditions, and Stipulations in the Subordination Agreement by and between: Parties: CHSC, Ltd. and HAR College Station I, LLC Dated: February 23, 2012 Recorded: Volume 10551, Page 23, Official Records, Brazos County, Texas. (Subordinates Deed of Trust recorded in Volume 10243, Page 1, to Deed of Trust recorded in Volume 10549, Page 156 Official Records, Brazos County, Texas) (Tract One) Terms, Conditions, and Stipulations in the Subordination Agreement by and between: Parties: Woodridge College Station, III, LLC and HAR College Station I, LLC Dated: February 24, 2012 Recorded: Volume 10565, Page 100, Records, Brazos County, Texas. (Lease Subordination Agreement) (Tract One) Partial Assignment: From: CHSC, Ltd. To: HAR Miramar, LLC Dated: June 12, 2012 Recorded: Volume 10729, Page 178, Official Records, Brazos County, Texas. (Assigns 50% interest in Deed of Trust recorded in Volume 10243, Page 1, Official Records, Brazos County, Texas.) (Tract One) Deed of Trust to secure a Note: Gran tor: Woodridge College Station I, LLC Trustee: Harvey Bookstein Beneficiary: HAR CS, LLC Amount: $12,000,000.00 Dated: June 29, 2012 Recorded: Volume 10770, Page 7, Official Records, Brazos County, Texas. (Tract One) Partial Assignment: From: CHSC, Ltd. To: HAR Miramar, LLC Dated: June 30, 2012 Recorded: Volume 10770, Page 54, Official Records, Brazos County, Texas. (Assigns 50% interest in Deed of Trust recorded in Volume 10243, Page 1, Official Records, Brazos County, Texas.) (Tract One) Terms, Conditions, and Stipulations in the Agreement by and between: Parties: Woodridge College Station I, LLC and The Public Dated: August 13, 2012 Recorded: Volume 10852, Page 190, Official Records, Brazos County, Texas. (LLC Merger.) (Tract One) Release of Lien: From: HAR College Station, LLC To: Woodridge College Station I, LLC Dated: August 14, 2012 Recorded: Volume 10853, Page 128, Official Records, Brazos County, Texas. (Releases Deed of Trust recorded in Volume 10549, Page 156, Official Records, Brazos County, Texas.) (Tract One) Release of Lien: From: HAR Miramar, LLC To: Woodridge College Station I, LLC Dated: August 14, 2012 Recorded: Volume 10853, Page 148, Official Records, Brazos County, Texas. (Releases Deed of Trust recorded in Volume 10243, Page 1, Official Records, Brazos County, Texas.) (Tract One) Release of Lien: From: HAR CS, LLC To: Woodridge College Station I, LLC Dated: August 14, 2012 Recorded: Volume 10853, Page 161, Official Records, Brazos County, Texas. (Releases Deed of Trust recorded in Volume 10770, Page 1, Official Records, Brazos County, Texas.) (Tract One) Release of Lien: From: HAR CS, LLC To: CHCS, Ltd. Dated: August 14, 2012 Recorded: Volume 10853, Page 169, Official Records, Brazos County, Texas. (Releases Deed of Trust recorded in Volume 9947, Page 35, Official Records, Brazos County, Texas.) (Tract One) Affidavit of Completion: From: Capstone Collegiate Communities To: The Public Dated: September 14, 2012 Recorded: Volume 10906, Page 221, Official Records, Brazos County, Texas. (Tract One) Extension: From: Woodridge College Station II, LLC, et al To: Lodgcco Properties, Ltd. Dated: January 31 , 2012 Recorded: Volume 10515, Page 274, Official Records, Brazos County, Texas. (Extends Deed of Trust recorded in Volume 10243, Page 60, Official Records, Brazos County, Texas.) (Tract Two) Terms, Conditions, and Stipulations in the Agreement by and between: Parties: Woodridge College Station III, LLC and Lodgeco Properties, Ltd. Dated: February 22, 2012 Recorded: Volume 10549, Page 139, Official Records, Brazos County, Texas. (Modifies Deed of Trust recorded in Volume 10243, Page 60, Official Records, Brazos County, Texas.) (Tract Two) Deed of Trust to secure a Note: Grantor: Woodridge College Station III, LLC Trustee: Harvey Bookstein Beneficiary: HAR College Station I, LLC Amount: $12,000,000.00 Dated: February 24, 2012 Recorded: Volume 10550, Page 1, Official Records, Brazos County, Texas. (Tract Two) ' . Terms, Conditions, and Stipulations in the Subordination Agreement by and between: Parties: Lodgeco Properties, Ltd. and HAR College Station I, LLC Dated: February 23, 2012 Recorded: Volume 10551, Page 27, Official Records, Brazos County, Texas. (Subordinates Deed of Trust recorded in Volume 10243, Page 60 to Volume 10550, Page 1, Official Records, Brazos County, Texas.) (Tract Two) Easement: From: Woodridge College Station I, LLC, et al To: City of College Station Dated: May 3, 2012 Recorded: Volume 10672, Page 110, Official Records, Brazos County, Texas. (Tract Two) Partial Assignment: From: Lodgeco Properties, Ltd. To: HAR Miramar, LLC Dated: June 12, 2012 Recorded: Volume 10729, Page 184, Official Records, Brazos County, Texas. (Assigns 50% interest in Deed of Trust recorded in Volume 10243, Page 60, Official Records, Brazos County, Texas.) (Tract Two) Partial Assignment: From: Lodgeco Properties, Ltd. To: HAR Miramar, LLC Dated: June 30, 2012 Recorded: Volume 10770, Page 58, Official Records, Brazos County, Texas. (Assigns 50% interest in Deed of Trust recorded in Volume 10243, Page 60, Official Records, Brazos County, Texas.) (Tract Two) Terms, Conditions, and Stipulations in the Agreement by and between: Parties: Woodridge College Station I, LLC and The Public Dated: August 13, 2012 Recorded: Volume 10852, Page 190, Official Records, Brazos County, Texas. (LLC Merger.) (Tract Two) Release of Lien: From: HAR College Station, LLC To: Woodridge College Station III, LLC Dated: August 14, 2012 Recorded: Volume 10853, Page 105, Official Records, Brazos County, Texas. (Releases Deed of Trust recorded in Volume 10550, Page 1, Official Records, Brazos County, Texas.) (Tract Two) Release of Lien: From: HAR Miramar, LLC To: Woodridge College Station III, LLC Dated: August 14, 2012 Recorded: Volume 10853, Page 155, Official Records, Brazos County, Texas. (Releases Deed of Trust recorded in Volume 10243, Page 60, Official Records, Brazos County, Texas.) (Tract Two) This certificate is issued with the express understanding, evidenced by the acceptance of same that the undersigned does not undertake to give or express any opinion as to the validity of the title to the property above, but is simply reporting briefly herein as to the instruments listed above found of record pertaining to said property, and it is expressly understood and agreed that this Certificate is neither a guaranty nor warranty of the title. By acceptance of this Certificate it is understood that the liability of the issuer hereof is expressly limited to the actual monetary consideration paid for same. We have not made any examination as to property taxes, tax suits, special assessments or conflicts. . ' University Title Company \ I •)-1 I,. L ' L-.-By: : \ \J~ l)o •. Xy\Y\fr-J ,, GF Number: 00120353 Effective Date: January 17, 2012 ST A TE OF TEXAS COUNTY OF BRAZOS NOTHING FURTHER CERTIFICATE THIS IS TO CERTIFY: That we have examined the records of the County Clerk of Brazos County, Texas as they are reflected in the geographically indexed title plant of University Title Company as to the following property, to- wit: Tract One: (Hotel Tower) (Leasehold -410 S. Texas Avenue) Metes and bounds description of all that certain tract or pa rcel of land lyi ng and being situated in the J. E. Scott League, Abstract No. 50, College Station, Brazos County, Texas. Said tract being all of a called 4.65 acre tract as described by a Deed to CHSC Ltd. recorded in Vo lume 8917, Page 44 of the O fficial Public Records of Brazos County, Texas, and the adjoining portion of the aband oned public right-of-way of Meadowland Street according to Coll ege Station Ordinance No. 2010-3232. Said tract beiug more particularly described by metes and boun ds as follows: BEGIN l NG at a 5/8 inch iron rod found on the Southwest line of Texas Avenue (JOO' R.0.W.) marking the North corner of said 4.65 acre tract and the East corner of a called 1.855 acre tract as descri bed by a Deed to EQI College Station Partnership, L.P. recorded in Volume 7619, Page 141 of the Official Public Records of Brazos County, Texas; THE CE: S 47° 41' 22" E along the Aouthwest line of Texas Avenue for a distance of 457.46 feet to a point marking the orth corner of the remainder of a called 0 172 acre tract as described by a Deed to BCSK Management, Inc. recorded in Volume 7018, Page 196 of the Offi cial Public Records of Brazos County, Texas, fo r reference an "x" found in concrete marking a transition from the Southwest line of Texas Avenue to the Northwest line of University Drive (FM 60), bears: S 47° 41' 22" E fo r a distance of 56.81 feet; THENCE: S 41° 43' 03" W along the common line of said 4.65 acre tract and said remainder of 0.172 acre tract for a distance of 100.00 feet to a point marking the West corner of said remainder of 0.172 acre tract; THE CE: S 47° 41' 22" E continuing along the common line of said 4.65 acre tract and said remainder of 0.172 acre tract for a distance of 75.00 feet to a point on the orthwest line of University Drive marking the South corner of sa id remainder of 0.172 acre tract; THENCE: S 41° 43' 03" W along the Northwest line of University Drive for a distance of 288.78 feet to a 5/8 inch iron rod fo und on the ortheast line of Meadowland Street (30' R.O.W.) marking the South corner of said 4.65 ac re tract, for reference a Y, inch iron rod fo und bears: N 28° 19' 17" E for a distance of 2.38 feet; THE CE: S 41° 39' 11 " W continuing along the Northwest line of University Drive fo r a distance of 15.00 feet to the South corner of this herein described tract; THENCE: N 48° 41' 06" W along the centerline of Meadowland Street for a distance of 224.72 feet; THENCE: 49° 08' 30" W continuing along the centerline of Meadowland Street for a distance of 306.09 feet to the West corner of this herein descrihed tract; THENCE: N 41° 29' 06" E through Meadowland Street, at 14.31 feet pass the common corner of said 4.65 acre tract and said 1.855 acre tract, continue on along the common line of said 4.65 acre tract and said 1.855 acre tract for a total distance of 415.46 feet to the POINT OF BEGINNING containing 4.82 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. E. Scott League, Abstract No. 50, College Station, Brazos County, Texas. Said tract being all of Lots 6 through 16, Meadowland Addition, according to the plat recorded in Volume 94, Page 279 of the Deed Records of Brazos County, Texas, and the adjoining portion of the abandoned public right-of-way of Meadowland Street according to College Station Ordinance No. 2010-3232. Said tract being more particularly described by metes and bounds as follows: BEGINNING at an "x" found in concrete on the Southwest line of Meadowland Street marking the .. East corner of said Lot 6 and the North corner of a called 0.658 acre tract as described by a Deed to Rossco Holdings, Inc. recorded in Volume 6173, Page 128 of the Official Public Records of Brazos County, Texas; THENCE: S 41° 39' 11" W along the common line of said Lot 6 and said 0.656 acre tract for a distance of 169.07 feet to the Northeast line of a called tract of land currently owned by the Texas A&M University System; THE1 CE: 49° 04' 04" W along the common line of said Lots 6 through 16 and said Texas A&M Tract for a distance of 548.31 feet to the common corner of said Lot 16 and Lot 17, Meadowland Addition; THE CE: N 41° 27' 11" E along the common line of said Lot 16 and Lot 17, at 1.44 feet pass a Y, inch iron rod found, continue on for a total distance of 182.03 feet to the original centerline of Meadowland Street; THENCE: S 49° 08' 30" E through Meadowland Street for a distance of 548.95 feet to the East corner of this herein described tract; THENCE: S 41° 39' 11" W continuing through Meadowland Street for a distance of 13.67 feet to the POINT OF BEGINNING containing 2.297 acres of land, more or less. NOTE: The Company is prohibited from insuring the area or quantity of the land described herein. Any statement in the above legal description of the area or quantity of land is not a representation that such area or quantity is correct, but is made only for informational and/or identification purposes. and that our records reflect that the following is a true and correct list of documents affecting title to the real property described supra between the dates of July 7, 2011 and January 17, 2012: Release of Lien: From: To: Dated: Onewest Bank, FSB Lodgeco Properties, Ltd. and Rossco Holdings, Inc. July 29, 2011 Recorded: Volume 10282, Page 81, Official Records, Brazos County, Texas. (Releases Deed of Trust recorded in Volume 8148, Page 4, Official Records, Brazos County, Texas.) Mechanic's and Materialmen's Affidavit and Claim of Lien: Claimant: Amount: Recorded: Release of Lien: Standard Automatic Fire Enterprises $11,759.39 August 19, 2011, Volume 10306, Page 52, Official Records, Brazos County, Texas. From: Propel Financial Service, LLC To: Lodgeco Properties, Ltd. Dated: August 22, 2011 Recorded: Volume 10334, Page 159, Official Records, Brazos County, Texas. (Releases Tax Lien recorded in Volume 10048, Page 249, Official Records, Brazos County, Texas.) Said lien being assigned to Lodgeco Properties, Ltd. by Assignment: Dated: December 30, 2011 Recorded: Volume 10481, Page 126, Official Records, Brazos County, Texas. This certificate is issued with the express understanding, evidenced by the acceptance of same that the undersigned does not undertake to give or express any opinion as to the validity of the title to the property above, but is simply reporting briefly herein as to the instruments listed above found of record pertaining to said property, and it is expressly understood and agreed that this Certificate is neither a guaranty nor warranty of the title. By acceptance of this Certificate it is understood that the liability of the issuer hereof is expressly limited to the actual monetary consideration paid for same. We have not made any examination as to property taxes, tax suits, special assessments or conflicts. University Title Company Do·: Bk Vol p9 01099~~5 OR 10306 52 NOTICE: THIS IS NOT A LIEN. THIS IS ONLY AN AFFIDAVIT CLAIMING A LIEN. AFFIDAVIT CLAIMING MECHANIC'S AND MATERIAL MAN'S LIEN ST ATE OF TEXAS § § § KNOW ALL PERSONS BY THESE PRESENTS: COUNTY OF BRAZOS BEFORE ME, the undersigned authority, on this day personally appeared Steven R. Rians, the undersigned Affiant, who swore on his oath that the following facts are true: My name is Steven R. Rians, I am the CEO of Standard Automatic Fire Enterprises, Inc. This Affidavit is made on behalf of claimant to perfect the Mechanic's and Materialman's Lien against the real property described below: I. Claimant has an unpaid claim in the amount of$11,759.39 for labor and materials furnished on the construction of improvements generally known as the Plaza Hotel, 410 S. Texas Ave., College Station, Texas 77840, construction project The claimed amount of$1 l,759.39 is, within my personal knowledge, just and true, the same is due and unpaid, and all just and lawful offsets, payments and credits have been allowed. The claim amount is for labor and materials furnished and described below, on which a systematic record has been kept. 2. The name and last known address of the owner or reputed owner of the real property and improvements upon which this claim is made is: Plaza Hotel c/o Roscoe Holdings, Inc. Lodgeco Properties, Ltd. BCSK Management, Inc 1011 'h N. Beverly Dr. Beverly Hills, CA 90210-2328 3. The claim amount of$11,759.39 represents the unpaid contract price due claimant, or in the alternative, is the reasonable value of the unpaid portion of claimant's labor and materials furnished, which are described below. 4. Claimant's labor and materials furnished for construction of improvements on the real property described below are generally described as: Test and repair and replace of fire sprinkler heads for fire sprinkler system. Affulavir Claiming Mechanic's and Material Man's Lien Page I • 1 Doc Bk Vol pg 01099H5 OR 10306 53 5. Payment is requested for work perfonned or materials furnished during the month of June 2011. 6. The legal description of the real property improved by Claimant's above-described labor and materials, and which real property and improvements thereon are sought to be charged with Claimant's lien, is: METES AND BOUNDS DESCRiPTION OF ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE J.E. SCOIT LEAGUE, ABSTRACT NO. 50, COLLEGE STATION, BRAZOS COUNTY, TEXAS. SAID TRACT BElNG THE REMAINDER OF A CALLED 0.172 ACRE TRACT AS DESCRIBED BY A DEED TO BCSK MANAGEMENT, INC. RECORDED IN VOLUME 7018, PAGE 196 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, and commonly known as 410 S. Texas Ave., College Station, Texas 77840. 7. Claimant claims a Mechanic's and Materialman's lien upon the above-described real property and improvements thereon to secure payment of its claim in the amount of $11,759.39 in accordance with the Texas Property Code. 8. Claimant's mailing address is P.O. Box l 0408, College Station, TX 77842-0408 and Claimant's physical address is 500 Graham Rd., College Station, TX 77845. 9. Claimant's notice of mechanic's lien was sent to the Owner identified above by United States, certified mail, return receipt requested, on the following dates: June 2011. JO. In compliance with the Texas Property Code, Claimant is sending one copy of this Affidavit to the above-referenced Owner, at its last known address, and also one copy to the above- referenced original contractor at its last known address. ~ SUBSCRIBED AND SWORN TO BEFORE ME by the said Steven R. Rians this 19"' day of August, 201 I, to certify which witness my hand and seal of office. 1tf.!:~, TONI LEE CHAVARRIA n~,f NolaryPubllc,Stateoltac. "·"SJ MyCommlsslonExp.~2015 ,,,,, ./ Affulavit Claiming Mechanic's and Material Man's Lien Page] . ' .,; . THE ST A TE OF TEXAS COUNTY OF BRAZOS § § § 00<: Bk Vol P~ 01099H5 OR 103% St KNOW ALL PERSONS BY THESE PRESENTS: This instrument was acknowledged before me on this the 19"' day of August, 2011, by Steven R. Rians, CEO of Standard Automatic Fire Enterprises, Inc., on behalf of such company. ~~,tllJWL taryhllcfo~eState of Texas AFTER FILING RETURN TO: Stephen R. Hollas Holt & Hollas, PLLC 405 Technology Pkwy. Bldg. c College Station, TX 77845 Ajfuiavil Claiming Mechonic's and Material Man's lien Fi led for Record in: BRAZOS COUtlTY on: AU'J 19,2011 at OJ:5+P OoculM!nt tlu•ber: A.lount 01099H5 2+.00 Receipt Huaber -H9695 B~r c~nth i a R i neon STATE OF TEXAS COUHTY Of BRAZOS I hereb~ cert i r~ thnt this instruaent llQS filed on the date and t i•e sta•Ped hereon b~ 11e nnd wos duh recorded in the voluee and Pue of the Official Public records of: BRAZOS COUHTY ns sto•Ped hereon b~ me. HONORABLE KAREH 11COUEEH, COUHTY CLERK BRAZOS COUHTY Page3 GF No.: U125471 Examiner: Lana Barnes Effective Date: December 13, 2012 STATE OF TEXAS COUNTY OF BRAZOS NOTHING FURTHER CERTIFICATE THIS IS TO CERTIFY: That we have examined the records of the County Clerk of Brazos Co unty, Texas as they are refl ected in the geographically indexed title plant of University Title Company as to the followi ng property, to-wit: Tract One: (Hotel Tower) (Leasehold -410 S. Texas Avenue) Metes and bounds description of all that certain tract or parcel of land lying and being situated in the J.E. Scott League, Abstract No. SO, College Station, Brazos County, Texas. Said tract being all of a called 4.65 acre tract as described by a Deed to CHSC Ltd. recorded in Volume 8917, Page 44 of the Official Public Records of Brazos County, Texas, and the adjoining portion of the abandoned public right-of-way of Meadowland Street according to College Station Ordinance No. 2010-3232. Said tract being more particularly described by metes and bounds as follow s: BEGINNING at a 5/8 inch iron rod found on the Southwest line of Texas Avenue (100' R.0.W.) marking the North corner of said 4.65 acre tract and the East corner of a called 1.855 acre tract as described by a Deed to EQI College Station Partnership, L.P. recorded in Volume 7619, Page 141 of the Official Public Records of Brazos County, Texas; THENCE: S 47° 41' 22" E along the Aouthwest line of Texas Avenue for a distance of 457.46 feet to a point marking the North corner of the remainder of a called 0 172 acre tract as described by a Deed to BCSK Management, Inc. recorded in Volume 7018, Page 196 of the Official Public Records of Brazos County, Texas, for reference an "x" found in concrete marking a transition from the Southwest line of Texas Avenue to the Northwest line of University Drive (FM 60), bears: S 47° 41' 22" E for a distance of56.81 feet; THENCE: S 41° 43' 03" W along the common line of said 4.65 acre tract and said remainder of 0.172 acre tract for a distance of 100.00 feet to a point marking the West corner of said remainder of 0.172 acre tract; THENCE: S 47° 41' 22" E continuing along the common line of said 4.65 acre tract and said remainder of 0.172 acre tract for a distance of 75.00 feet to a point on the Northwest line of University Drive marking the South corner of said remainder of 0.172 acre tract; THENCE: S 41° 43' 03" W along the Northwest line of University Drive for a distance of 288.78 feet to a 5/8 inch iron rod found on the Northeast line of Meadowland Street (30' R.O.W.) marking the South corner of said 4.65 acre tract, for reference a Y, inch iron rod found bears: N 28° 19' 17" E for a distance of 2.38 feet; THENCE: S 41° 39' 11" W continuing along the Northwest line of University Drive for a distance of 15.00 feet to the South corner of this herein described tract; THENCE: N 48° 41' 06" W along the centerline of Meadowland Street for a distance of 224. 72 feet; THENCE: N 49° 08' 30" W continuing along the centerline of Meadowland Street for a distance of 306.09 feet to the West corner of this herein described tract; THENCE: N 41° 29' 06" E through Meadowland Street, at 14.31 feet pass the common corner of said 4.65 acre tract and said 1.855 acre tract, continue on along the common line of said 4.65 acre tract and said 1.855 acre tract for a total distance of 415.46 feet to the POINT OF BEGINNING containing 4.82 acres of land, more or less. Tract Two: (101 Meadowland -College Station, Texas) Metes and bounds description of all that certain tract or parcel of land lying and being situated in the J.E. Scott League, Abstract No. 50, College Station, Brazos County, Texas. Said tract being all of Lots 6 through 16, Meadowland Addition, according to the plat recorded in Volume 94, Page 279 of the Deed Records of Brazos County, Texas, and the adjoining portion of the abandoned public right-of-way of Meadowland Street according to College Station Ordinance No. 2010-3232. Said tract being more particularly described by metes and bounds as follows: BEGINNING at an "x" found in concrete on the Southwest line of Meadowland Street marking the East corner of said Lot 6 and the North corner of a called 0.658 acre tract as described by a Deed to Rossco Holdings, Inc. recorded in Volume 6173, Page 128 of the Official Public Records of Brazos County, Texas; THENCE: S 41° 39' 11" W along the common line of said Lot 6 and said 0.656 acre tract for a distance of 169.07 feet to the Northeast line of a called tract of land currently owned by the Texas A&M University System; THENCE: N 49° 04' 04" W along the common line of said Lots 6 through 16 and said Texas A&M Tract for a distance of 548.31 feet to the common corner of said Lot 16 and Lot 17, Meadowland Addition; THENCE: N 41° 27' 11" E along the common line of said Lot 16 and Lot 17, at 1.44 feet pass a Yi inch iron rod found, continue on for a total distance of 182.03 feet to the original centerline of Meadowland Street; THENCE: S 49° 08' 30" E through Meadowland Street for a distance of 548.95 feet to the East corner of this herein described tract; THENCE: S 41° 39' 11" W continuing through Meadowland Street for a distance of 13.67 feet to the POINT OF BEGINNING containing 2.297 acres of land, more or less. NOTE: The Company is prohibited from insuring the area or quantity of land described herein. Any statement in the above legal description of the area or quantity of land is not a representation that such area or quantity is correct, but is made only for informational and/or identification purposes. And that our records reflect that the following is a true and correct list of documents affecting title to the real property described supra between the dates of January 17, 2012 and December 13, 2012: Extension: From: Woodridge College Station I, LLC To: CHSC, Ltd. Dated: January 31, 2012 Recorded: Volume 10515, Page 248, Official Records, Brazos County, Texas. (Extends Deed of Trust recorded in Volume 10243, Page 1, Official Records, Brazos County, Texas.) Terms, Conditions, and Stipulations in the Agreement by and between: Parties: Woodridge College Station I, LLC and CHSC, Ltd. Dated: February 22, 2012 Recorded: Volume 10549, Page 121, Official Records, Brazos County, Texas. (Modifies Deed of Trust recorded in Volume 10243, Page 1, Official Records, Brazos County, Texas.) Release of Lien: From: Standard Automatic Fire Enterprises To: BCSK Management, Inc. Dated: February 14, 2012 Recorded: Volume 10565, Page 97, Official Records, Brazos County, Texas. (Releases Mechanic Lien Affidavit recorded in Volume 10306, Page 52, Official Records, Brazos County, Texas.) Deed of Trust to secure a Note: Grantor: Woodridge College Station I, LLC Trustee: Harvey Book.stein Beneficiary: HAR College Station I, LLC Amount: $12,000,000.00 Dated: February 24, 2012 Recorded: Volume 10549, Page 156, Official Records, Brazos County, Texas. Terms, Conditions, and Stipulations in the Subordination Agreement by and between: Parties: CHSC, Ltd. and HAR College Station I, LLC Dated: February 23, 2012 Recorded: Volume 10551, Page 23, Official Records, Brazos County, Texas. (Subordinates Deed of Trust recorded in Volume 10243, Page 1, to Deed of Trust recorded in Volume 10549, Page 156 Official Records, Brazos County, Texas) Terms, Conditions, and Stipulations in the Subordination Agreement by and between: Parties: Woodridge College Station, III, LLC and HAR College Station I, LLC Dated: February 24, 2012 Recorded: Volume 10565, Page 100, Records, Brazos County, Texas. (Lease Subordination Agreement) Easement: From: Woodridge College Station I, LLC, ct al To: City of College Station Dated: May 3, 2012 Recorded: Volume 10672, Page 110, Official Records, Brazos County, Texas. Partial Assignment: From: CHSC, Ltd. To: HAR Miramar, LLC Dated: June 12, 2012 Recorded: Volume 10729, Page 178, Official Records, Brazos County, Texas. (Assigns 50% interest in Deed of Trust recorded in Volume 10243, Page 1, Official Records, Brazos County, Texas.) Deed of Trust to secure a Note: Grantor: Woodridge College Station I, LLC Trustee: Harvey Book.stein Beneficiary: HAR CS, LLC Amount: $12,000,000.00 Dated: June 29, 2012 Recorded: Volume 10770, Page 7, Official Records, Brazos County, Texas. Partial Assignment: From: CHSC, Ltd. To: HAR Miramar, LLC Dated: June 30, 2012 Recorded: Volume 10770, Page 54, Official Records, Brazos County, Texas. (Assigns 50% interest in Deed of Trust recorded in Volume 10243, Page 1, Official Records, Brazos County, Texas.) Terms, Conditions, and Stipulations in the Agreement by and between: Parties: Woodridge College Station I, LLC and The Public ' ' . Dated: August 13, 2012 Recorded: Volume 10852, Page 190, Official Records, Brazos County, Texas. (LLC Merger.) Release of Lien: From: HAR College Station, LLC To: Woodridge College Station I, LLC Dated: August 14, 2012 Recorded: Volume 10853, Page 128, Official Records, Brazos County, Texas. (Releases Deed of Trust recorded in Volume 10549, Page 156, Official Records, Brazos County, Texas.) Release of Lien: From: HAR Miramar, LLC To: Woodridge College Station I, LLC Dated: August 14, 2012 Recorded: Volume 10853, Page 148, Official Records, Brazos County, Texas. (Releases Deed of Trust recorded in Volume 10243, Page 1, Official Records, Brazos County, Texas.) Release of Lien: From: HAR CS, LLC To: Woodridge College Station I, LLC Dated: August 14, 2012 Recorded: Volume 10853, Page 161, Official Records, Brazos County, Texas. (Releases Deed of Trust recorded in Volume 10770, Page 1, Official Records, Brazos County, Texas.) Release of Lien: From: HAR CS, LLC To: CHCS, Ltd. Dated: August 14, 2012 Recorded: Volume 10853, Page 169, Official Records, Brazos County, Texas. (Releases Deed of Trust recorded in Volume 9947, Page 35, Official Records, Brazos County, Texas.) Affidavit of Completion: From: Capstone Collegiate Communities To: The Public Dated: September 14, 2012 Recorded: Volume 10906, Page 221 , Official Records, Brazos County, Texas. This certificate is issued with the express understanding, evidenced by the acceptance of same that the undersigned does not undertake to give or express any opinion as to the validity of the title to the property above, but is simply reporting briefl y herein as to the instruments listed above found of record pertaining to said property, and it is expressly understood and agreed that this Certificate is neither a guaranty nor warranty of the title. By acceptance of this Certificate it is understood that the liability of the issuer hereof is expressly limited to the actual monetary consideration paid for same. We have not made any examination as to property taxes, tax suits, special assessments or conflicts. University Title Company GF No.: U125470 Examiner: Lana Barnes Effective Date: December 13, 2012 STATE OF TEXAS COUNTY OF BRAZOS NOTHING FURTHER CERTIFICATE THIS IS TO CERTIFY: That we have examined the records of the County Clerk of Brazos County, Texas as they are reflected in the geographically indexed title plant of Uni versity Title Company as to the fo llowing property, to-wit: Tract One: 127, 125 and 131 Meadowland METES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE J. E. SCOTT LEAGUE, ABSTRACT NO. 50, COLLEGE STATION, BRAZOS COUNTY, TEXAS. SAID TRACT BEING ALL OF LOTS 17 THROUGH 19, MEADOWLAND ADDITION, ACCORDING TO THE PLAT RECORDED IN VOLUME 94, PAGE 279 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS, AND THE ADJOINING PORTION OF THE ABANDONED PUBLIC RIGHT-OF-WAY OF MEADOWLAND STREET ACCORDING TO COLLEGE STATION ORDINANCE NO. 2010-3232. SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHEAST LINE OF A CALLED TRACT OF LAND CURRENTLY OWNED BY THE TEXAS A&M UNIVERSITY SYSTEM MARKING THE SOUTH CORNER OF SAID LOT 17 AND THE WEST CORNER OF LOT 16, MEADOWLAND ADDITION; THENCE: N 49° 04' 04" W ALONG THE COMMON LINE OF SAID LOTS 17 THROUGH 19 AND SAID TEXAS A&M TRACT FOR A DISTANCE OF 149.46 FEET TO THE COMMON CORNER OF SAID LOT 19 AND NORTH PARK, ACCORDING TO THE PLAT RECORDED IN VOLUME 465, PAGE 37 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS; THENCE: N 41° 27' 11" E ALONG THE COMMON LINE OF SAID LOT 19 AND NORTH PARK, AT 166.83 FEET PASS A MAG NAIL FOUND IN ASPHALT ON THE SOUTHWEST LINE OF MEADOWLAND STREET MARKING THE NORTH CORNER OF SAID LOT 19, CONTINUE ON FOR A TOTAL DISTANCE OF 181.84 FEET TO THE ORIGINAL CENTERLINE OF MEADOWLAND STREET; THENCE: S 49° 08' 30" E THROUGH MEADOWLAND STREET FOR A DISTANCE OF 149.47 FEET TO THE EAST CORNER OF THIS HEREIN DESCRIBED TRACT; THENCE: S 41° 27' 11" W CONTINUING THROUGH MEADOWLAND STREET AND ALONG THE COMMON LINE OF SAID LOTS 16 AND 17, AT 180.59 FEET PASS A Yi INCH IRON ROD FOUND, CONTINUE ON FOR A TOT AL DISTANCE OF 182.03 FEET TO THE POINT OF BEGINNING CONTAINING 0.62 OF AN ACRE OF LAND, MORE OR LESS. Tract Two: 1403 University METES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE J E. SCOTT LEAGUE, ABSTRACT NO. 50, COLLEGE STATION, BRAZOS COUNTY, TEXAS. SAID TRACT BEING ALL OF LOTS 1, 2 AND 4 AND A PORTION OF LOT 5, MEADOWLAND ADDITION, ACCORDING TO TEE PLAT RECORDED IN VOLUME 94, PAGE 279 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS, SAID BEING THE SAME TRACT OF LAND AS DESCRIBED BY A DEED TO ROSSCO HOLDINGS RECORDED IN VOLUME 6173, PAGE 128 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, AND THE ADJOINING PORTION OF THE ABANDONED PUBLIC RIGHT-OF-WAY OF MEADOWLAND STREET ACCORDING TO COLLEGE STATION ORDINANCE NO. 2010-3232. SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A 'h INCH IRON ROD FOUND ON THE NORTHWEST LINE OF UNIVERSITY DRIVE (FM 60) MARKING THE SOUTH CORNER OF SAID LOT 1 AND THE EAST CORNER. OF A CALLED TRACT OF LAND CURRENTLY OWNED BY THE TEXAS A&M UNIVERSITY SYSTEM; THENCE: N 49° 04' 04" W ALONG THE COMMON LINE OF SAID LOT 1 AND SAID TEXAS A&M TRACT FOR A DISTANCE OF 224. 73 FEET TO THE WEST CORNER OF SAID LOT 4 AND THE SOUTH CORNER OF LOT 6, MEADOWLAND ADDITION; THENCE: N 41° 39' 11" E ALONG THE COMMON LINE OF SAID LOT 4 AND SAND SAID LOT 6, AT 169.07 FEET PASS A 5/8 INCH IRON ROD FOUND ON THE SOUTHWEST LINE OF MEADOWLAND STREET MARKING THE COMMON CORNER OF SAID LOT S AND SAID LOT 6, CONTINUE ON THROUGH MEADOWLAND STREET FOR A TOTAL DISTANCE OF 182.74 FEET TO THE NORTH CORNER OF THIS HEREIN DESCRIBED TRACT; THENCE: S 48° 41' 06" E THROUGH MEADOWLAND STREET FOR A DISTANCE OF 49.72 FEET; THENCE: S 41° 39' 11" W CONTINUING THROUGH MEADOWLAND STREET, AT 13.97 1 FEET PASS THE COMMON CORNER OF SAID ROSSCO HOLDINGS TRACT AND A CALLED TRACT OF LAND AS DESCRIBED BY A DEED TO LEONARD M. ROSS REVOCABLE TRACT RECORDED IN VOLUME 7564, PAGE 208 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, CONTINUE ON FOR A TOT AL DISTANCE OF 64.02 FEET TO A 5/8 INCH IRON ROD FOUND MARKING THE WEST CORNER OF SAID ROSS TRACT; THENCE: S 48° 20' 49" E ALONG THE COMMON LINE OF SAID ROSSCO HOLDINGS TRACT AND SAID ROSS TRACT FOR A DISTANCE OF 175.00 FEET TO A 5/8 INCH IRON ROD FOUND ON THE NORTHWEST LINE OF UNIVERSITY DRIVE MARKING THE SOUTH CORNER OF A CALLED TRACT OF LAND AS DESCRIBED BY A DEED TO 7-D INVESTMENTS RECORDED IN VOLUME 1601, PAGE 138 OF TEE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS; THENCE: S 41° 39' 11" W ALONG THE NORTHWEST LINE OF UNIVERSITY DRIVE FOR A DISTANCE OF 116.19 FEET TO THE POINT OF BEGINNING CONTAINING 0.68 OF AN ACRE OF LAND, MORE OR LESS. Tract Three: 133 Meadowland METES AND BOUNDS DESCRIPTION OF ALLTHAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BENG SITUATED IN THE J. E. SCOTT LEAGUE, ABSTRACT NO. SO, COLLEGE STATION, BRAZOS COUNTY, TEXAS, SAID TRACT BEING ALL OF LOT 10, BLOCK 2, NORTH PARK, ACCORDING TO THE PLAT RECORDED IN VOLUME 465, PAGE 37 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS, AND THE ADJOINING PORTION OF THE, ABANDONED PUBLIC RIGHT-OF-WAY OF MEADOWLAND STREET ACCORDING TO COLLEGE STATION ORDINANCE NO. 2010-3232. SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGNNING AT A 11: INCH IRON ROD FOUND ON THE SOUTHWEST LINE OF MEADOWLAND STREET MARKING THE NORTH CORNER OF SAID LOT 10 AND THE EAST CORNER OF LOT 9, BLOCK 2; THENCE: N 41° 29' 51" E THROUGH MEADOWLAND STREET FOR A DISTANCE OF 25.19 FEET TO THE ORIGINAL CENTERLINE OF MEADOWLAND STREET; THENCE: S 49° 08' 30" E CONTINUING THROUGH MEADOWLAND STREET FOR A DISTANCE OF 46.94 FEET TO THE EAST CORNER OF THIS HEREIN DESCRIBED TRACT; THENCE: S 41° 27' 11" W CONTINUING THROUGH MEADOWLAND STREET, AT 25.42 FEET PASS A 5/8 INCH IRON ROD FOUND ON THE, NORTHWEST LINE OF LOT 19, MEADOWLAND ADDITION, ACCORDING TO THE PLAT RECORDED IN VOLUME 94, PAGE 279 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS, MARKING THE EAST CORNER OF SAID LOT 10, CONTINUE ON ALONG THE COMMON LINE OF SAID LOT 10 AND SAID LOT 19 FOR A TOTAL DISTANCE OF 181.84 FEET TO THE NORTHEAST LINE OF A CALLED TRACT OF LAND CURRENTLY OWNED BY THE TEXAS A&M UNIVERSITY SYSTEM; THENCE: N 49° 04' 04" W ALONG THE COMMON LINE OF SAID LOT 10 AND SAID TEXAS A&M TRACT FOR A DISTANCE OF 47.08 FEET TO THE COMMON CORNER OF SAID LOT 10 AND LOT 9; THENCE: N 41° 29' 51" E ALONG THE COMMON LINE OF SAID LOT 10 AND LOT 9 FOR A DISTANCE OF 156.60 FEET TO THE POINT OF BEGINNING CONTAINING 0.20 OF AN ACRE OF LAND, MORE OR LESS. Tract Four: 135 Meadowland METES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRACT OR PARCFL OF LAND LYING AND BEING SITUATED IN THE J.E. SCOTT LEAGUE, ABSTRACT NO. 50, COLLEGE STATION, BRAZOS COUNTY, TEXAS. SAID TRACT BEING ALL OF LOT 9, BLOCK 2, NORTH PARK, ACCORDING TO THE PLAT RECORDED IN VOLUME 465, PAGE 37 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS, AND THE ADJOINING PORTION OF THE ABANDONED PUBLIC RIGHT-OF-WAY OF MEADOWLAND STREET ACCORDING TO COLLEGE STATION ORDINANCE NO. 2010-3232. SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A Yi INCH IRON ROD FOUND ON THE SOUTHWEST LINE OF MEADOWLAND STREET MARKING THE EAST CORNER OF SAID LOT 9 AND THE NORTH CORNER OF LOT 10, BLOCK 2; THENCE: S 41° 29' 51" W ALONG THE COMMON LINE OF SAID LOT 9 AND LOT 10 FOR A DISTANCE OF 156.60 FEET TO THE NORTHEAST LINE OF A CALLED TRACT OF LAND CURRENTLY OWNED BY THE TEXAS A&M UNIVERSITY SYSTEM; THENCE: N 49° 04' 04" W ALONG THE COMMON LINE OF SAID LOT 9 AND SAID TEXAS A&M TRACT FOR A DISTANCE OF 68.01 FEET TO A Yi INCH IRON ROD FOUND MARKING THE COMMON CORNER OF SAID LOT 9 AND LOT 8, BLOCK 2; THENCE: N 41° 25' 38" E ALONG THE COMMON LINE OF SAID LOT 9 AND LOT 8, AT 156.52 FEET PASS THE COMMON CORNER OF SAID LOT 9 AND LOT 7, BLOCK 2, CONTINUE ON THROUGH MEADOWLAND STREET FOR A TOT AL DISTANCE OF 181.69 FEET TO THE ORIGINAL CENTERLINE OF MEADOWLAND STREET; THENCE: S 49° 08' 30" E THROUGH MEADOWLAND STREET FOR A DISTANCE OF 68.23 FEET TO THE EAST CORNER OF THIS HEREIN DESCRIBED TRACT; THENCE: S 41° 29' SI" W CONTINUING THROUGH MEADOWLAND STREET FOR A DLSTANCE OF 2S.19 FEET TO THE POINT OF BEGINNING CONTAINING 0.28 OF AN ACRE OF LAND, MORE OR LESS. Tract Five: 136 Meadowland METES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE J. E. SCOTT LEAGUE, ABSTRACT NO. SO, COLLEGE STATION, BRAZOS COUNTY, TEXAS. SAID TRACT BEING ALL OF LOT S, NORTHP ARK, SECTION II, ACCORDING TO THE PLAT RECORDED IN VOLUME 494, PAGE S43 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS, AND THE ADJOINING PORTION OF THE ABANDONED PUBLIC RIGHT-OF-WAY OF MEADOWLAND STREET ACCORDING TO COLLEGE STATION ORDINANCE NO. 2010-3232. SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A Yi INCH IRON ROD FOUND ON THE SOUTHWEST LINE OF LODGECO SUBDIVISION, ACCORDING TO THE PLAT RECORDED IN VOLUME 1996, PAGE 331 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, MARKING THE EAST CORNER OF SAID LOTS AND THE NORTH CORNER OF LOT 4, NORTH PARK, SECTION II; THENCE: S 40° S3' SI" W ALONG THE COMMON LINE OF SAID LOTS AND LOT 4, AT 120.09 FEET PASS A Sl8 INCH IRON ROD FOUND ON THE NORTHEAST LINE OF MEADOWLAND STREET MARKING THE SOUTH CORNER OF SAID LOT S, CONTINUE ON FOR A TOT AL DISTANCE OF 13S.21 FEET TO THE CENTERLINE OF MEADOWLAND STREET; THENCE: N 49° 08' 30" W THROUGH MEADOWLAND STREET FOR A DISTANCE OF SI.SO FEET TO THE WEST CORNER OF THIS HEREIN DESCRIBED TRACT; THENCE: N 40° S2' 23" E CONTINUING THROUGH MEADOWLAND STREET FOR A DISTANCE OF IS.22 FEET TO A Yi INCH IRON ROD FOUND MARKING THE WEST CORNER OF SAID LOT S AND THE SOUTH CORNER OF TEXIAN INN ADDITION ACCORDING TO THE PLAT RECORDED IN VOLUME 706, PAGE 201 OF THE OFFICIAL RECORDS OF BRAZOS COUNTY, TEXAS; THENCE: N 41° 22' 30" E ALONG THE COMMON LINE OF SAID LOTS AND THE TEXIAN INN ADDITION FOR A DISTANCE OF 119.99 FEET TO A Sl8 INCH IRON ROD FOUND MARKING THE NORTH CORNER OF SAID LOTS AND THE WEST CORNER OF LODGECO SUBDIVISION; THENCE: S 49° 11' 22" E ALONG THE COMMON LINE OF SAID LOTS AND LODGECO SUBDIVISION FOR A DISTANCE OF SO.SI FEET TO THE POINT OF BEGINNING CONTAINING 0.16 OF AN ACRE OF LAND, MORE OR LESS. Tract Six: 137 Meadowland METES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE J. E. SCOTT LEAGUE, ABSTRACT NO. SO, COLLEGE STATION, BRAZOS COUNTY, TEXAS. SAID TRACT BEING ALL OF LOT 7, BLOCK 2, NORTH PARK, ACCORDING TO THE PLAT RECORDED IN VOLUME 465, PAGE 37 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS, AND THE ADJOINING PORTION OF THE ABANDONED PUBLIC RIGHT-OF-WAY OF MEADOWLAND STREET ACCORDING TO COLLEGE STATION ORDINANCE NO. 2010-3232. SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A Yi INCH IRON ROD FOUND ON THE SOUTHWEST LINE OF MEADOWLAND STREET MARKING THE NORTH CORNER OF SAID LOT 7 AND THE NORTHEAST CORNER OF LOT 8, BLOCK 2; THENCE: S 49° 07' 37" E ALONG THE SOUTHWEST LINE OF MEADOWLAND STREET FOR A DISTANCE OF 24.09 FEET; THENCE: N 40° 52' 23" E THROUGH MEADOWLAND STREET FOR A DISTANCE OF 25.15 FEET TO THE ORIGINAL CENTERLINE OF MEADOWLAND STREET; THENCE: S 49° 08' 30" E CONTINUING THROUGH MEADOWLAND STREET FOR A DISTANCE OF 47.84 FEET TO THE EAST CORNER OF THIS HEREIN DESCRIBED TRACT; THENCE: S 41° 25' 38" W CONTINUING THROUGH MEADOWLAND STREET, AT 25.17 FEET PASS THE EAST CORNER OF SAID LOT 7 AND NORTH CORNER OF LOT 9, BLOCK 2, CONTINUE ON ALONG THE COMMON LINE OF SAID LOT 7 AND LOT 9 FOR A TOTAL DISTANCE OF 105.65 FEET TO THE SOUTH CORNER OF SAID LOT 7; THENCE: N 49° 19' 54" W ALONG THE COMMON LINE OF SAID LOT 7 AND SAID LOT 8 FOR A DISTANCE OF 71.84 FEET TO AN "X" FOUND IN CONCRETE MARKING THE WEST CORNER OF SAID LOT 7; THENCE: N 41° 32' 01" E CONTINUING ALONG THE COMMON LINE OF SAID LOT 7 AND LOT 8 FOR A DISTANCE OF 80.74 FEET TO THE POINT OF BEGINNING CONTAINING 0.16 OF AN ACRE OF LAND, MORE OR LESS. Tract Seven: 139 Meadowland Lot Eight (8), Block Two (2), North Park, City of College Station, according to plat thereof recorded in Volume 465, Page 37 of the Deed Records of Brazos County, Texas. Tract Eight: 141 Meadowland Lot Five (5), Block Two (2), North Park, City of College Station, according to plat thereof recorded in Volume 465, Page 37 of the Deed Records of Brazos County, Texas. Tract Nine: 143 Meadowland Lot Six (6), Block Two (2), North Park, City of College Station, according to plat thereof recorded in Volume 465, Page 37 of the Deed Records of Brazos County, Texas. Tract Ten: 145 Meadowland Lot Three (3), Block Two (2), North Park, City of College Station, according to plat thereof recorded in Volume 465, Page 37 of the Deed Records of Brazos County, Texas. Tract Eleven: 147 Meadowland Lot Four (4), Block Two (2), North Park, City of College Station, according to plat thereof recorded in Volume 465, Page 37 of the Deed Records of Brazos County, Texas. Tract Twelve: 150 Meadowland Lot Four (4), Block One (1), North Park, City of College Station, according to plat thereof recorded in Volume 465, Page 37 of the Deed Records of Brazos County, Texas. Tract Thirteen: 152 Meadowland Lot Three (3), Block One (1), North Park, City of College Station, according to plat thereof recorded in Volume 465, Page 37 of the Deed Records of Brazos County, Texas. Tract Fourteen: 154 Meadowland Lot Two (2), Block One (1) North Park, City of College Station, according to plat thereof recorded in Volume 465, Page 37 of the Deed Records of Brazos County, Texas. Tract Fifteen: 100 S. Texas Avenue METES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN J.E. SCOTT, A-50, IN COLLEGE STATION, BRAZOS COUNTY, TEXAS. SAID TRACT BEING THE SAME TRACT OF LAND AS DESCRIBED BY A DEED TO EMMA RUTH ELLIS (TRACT ONE), RECORDED IN VOLUME 7035, PAGE 237 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS. SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS BEGINNING AT A 3/8 INCH IRON ROD FOUND ON THE SOUTH CORNER OF THE INTERSECTION OF S. TEXAS A VENUE (100' R.O.W.) AND HENSEL DRIVE (50' R.O.W.) MARKING THE NORTH CORNER OF THIS HEREIN DESCRIBED TRACT; THENCE: S 47° 09' 27" E ALONG THE SOUTHWEST RIGHT-OF-WAY LINE OF S. TEXAS A VENUE FOR A DISTANCE OF 74.85 FEET TO A 3/8 INCH IRON ROD FOUND MARKING THE NORTH CORNER OF LOT 1, BLOCK 1, TEXCAN INN ADDITION, ACCORDING TO THE PLAT RECORDED IN VOLUME 726, PAGE 201 OF THE OFFICIAL RECORDS OF BRAZOS COUNTY, TEXAS, AND THE EAST CORNER OF THIS HEREIN DESCRIBED TRACT; THENCE: S 41° 18' 40" W ALONG THE NORTHWEST LINE OF SAID LOT 1, AT 199.88 FEET PASS A 3/8 INCH IRON ROD FOUND, CONTINUE ON FOR A TOTAL DISTANCE OF 200.17 FEET TO A POINT ON THE NORTHEAST LINE OF LOT 2, BLOCK 1, NORTH PARK, ACCORDING TO THE PLAT RECORDED IN VOLUME 465, PAGE 37 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS, FOR REFERENCE, A Yi INCH IRON ROD FOUND MARKING THE. EAST CORNER OF SAID LOT 2 BEARS: S 47° 52' 49" E FOR A DISTANCE OF 36.91 FEET; THENCE: N 47° 52' 49" W ALONG THE, NORTHEAST LINE OF SAID LOT 2 FOR A DISTANCE OF 75.24 TO A Yi INCH IRON ROD FOUND ON THE SOUTHEAST RIGHT-OF-WAY LINE OF HENSEL DRIVE MARKING THE NORTH CORNER OF SAID LOT 2 AND THE WEST CORNER OF THIS HEREIN DESCRIBED TRACT; THENCE: N 41° 25' 38" E ALONG THE SOUTHEAST LINE OF HENSEL DRIVE FOR A DISTANCE OF 201.13 FEET TO THE POINT OF BEGINNING CONTAINING .34 OF AN ACRE OF LAND, MORE OR LESS. NOTE: The Company is prohibited from insuring the area or quantity of the land described herein. Any statement in the above legal description of the area or quantity of land is not a representation that such area or quantity is correct, but is made only for informational and/or identification purposes. And that our records reflect that the following is a true and correct list of documents affecting title to the real property described supra between the dates of January 18, 2012 and December 13, 2012: Extension: From: Woodridge College Station II, LLC To: Rossco Holdings Incorporated Dated: January 31, 2012 Recorded: Volume 10515, Page 258, Official Records, Brazos County, Texas. (Extends Deed of Trust recorded in Volume 10243, Page 82, Official Records, Brazos County, Texas.) Terms, Conditions, and Stipulations in the Agreement by and between: Parties: Woodridge College Station I, LLC and CHSC, Ltd. Dated: February 22, 2012 Recorded: Volume 10549, Page 121, Official Records, Brazos County, Texas. Terms, Conditions, and Stipulations in the Agreement by and between: Parties: Woodridge College Station III, LLC and Lodgeco Properties, Ltd. Dated: February 22, 2012 Recorded: Volume 10549, Page 139, Official Records, Brazos County, Texas. Deed of Trust to secure a Note: Grantor: Woodridge College Station II, LLC Trustee: Harvey Bookstein Beneficiary: HAR College Station, LLC Amount: $12,000,000.00 Dated: February 24, 2012 Recorded: Volume 10549, Page 205, Official Records, Brazos County, Texas. Deed of Trust to secure a Note: Grantor: Woodridge College Station II, LLC Trustee: David B. Giles Beneficiary: CHSC, Ltd. Amount: $3,275,688.67 Dated: February 22, 2012 Recorded: Volume 10551, Page 31, Official Records, Brazos County, Texas. Easement: From: Woodridge College Station I, LLC, et al To: City of College Station Dated: May 3, 2012 Recorded: Volume 10672, Page 110, Official Records, Brazos County, Texas. Partial Assignment: From: CHSC, Ltd. To: HAR Miramar, LLC Dated: June 12, 2012 Recorded: Volume 10729, Page 189, Official Records, Brazos County, Texas. (Assigns partial interest in Deed of Trust recorded in Volume 10551, Page 31 , Official Records, Brazos County, Texas.) Partial Assignment: From: Lodgeco Properties, Ltd. To: HAR Miramar, LLC Dated: June 12, 2012 Recorded: Volume 10729, Page 201, Official Records, Brazos County, Texas. (Assigns partial interest in Deed of Trust recorded in Volume 10551, Page 31, Official Records, Brazos County, Texas.) Ordinance: From: City of College Station To: The Public Dated: June 28, 2012 Recorded: Volume 10778, Page 223, Official Records, Brazos County, Texas. (Abandons part of right of way) Ordinance: From: City of College Station To: The Public Dated: June 28, 2012 Recorded: Volume 10778, Page 253, Official Records, Brazos County, Texas. (Abandons part of right of way) Terms, Conditions, and Stipulations in the Name Change Agreement by and between: Parties: Woodridge College Station II, LLC, et al and Woodridge College Station I, LLC Dated: August 13, 2012 Recorded: Volume 10852, Page 190, Official Records, Brazos County, Texas. Release of Lien: From: Woodridge College Station I, LLC To: The Public Dated: August 14, 2012 Recorded: Volume 10852, Page 216, Official Records, Brazos County, Texas. (Releases Restrictions recorded in Volume 464, Page 734, Deed Records, Brazos County, Texas, North Park Lots Only.) Release of Lien: From: HAR College Station, LLC To: Woodridge College Station II, LLC Dated: August 14, 2012 Recorded: Volume 10853, Page 111, Official Records, Brazos County, Texas. (Releases Deed of Trust recorded in Volume 10549, Page 205, Official Records, Brazos County, Texas.) Release of Lien: From: HAR Miramar, LLC To: Woodridge College Station II, LLC Dated: August 14, 2012 Recorded: Volume 10853, Page 135, Official Records, Brazos County, Texas. (Releases Deed of Trust recorded in Volume 10551, Page 31, Official Records, Brazos County, Texas.) Affidavit of Completion: From: Capstone Collegiate Communities To: The Public Dated: September 14, 2012 Recorded: Volume 10906, Page 221, Official Records, Brazos County, Texas. This certificate is issued with the express understanding, evidenced by the acceptance of same that the undersigned does not undertake to give or express any opinion as to the validity of the title to the property above, but is simply reporting briefly herein as to the instruments listed above found of record pertaining to said property, and it is expressly understood and agreed that this Certificate is neither a guaranty nor warranty of the title. By acceptance of this Certificate it is understood that the liability of the issuer hereof is expressly limited to the actual monetary consideration paid for same. We have not made any examination as to property taxes, tax suits, special assessments or conflicts. University Title Company By: -~~Q~."(A~JR-· _fa_vJJ_106_tBt~V __ ,) GF Number: 00120352 Effective Date: January 18, 2012 Examiner: LBJ ST A TE OF TEXAS COUNTY OF BRAZOS NOTHING FURTHER CERTIFICATE THIS IS TO CERTIFY: That we have examined the records of the County Clerk of Brazos County, Texas as they are reflected in the geographically indexed title plant of University Title Company as to the following property, to- wit: Tract One: 127, 125 and 131 Meadowland METF.S AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYlNG AND BEING SITUATED IN THE J.E. SCOTT LEAGUE, ABSTRACT NO. 50, COLLEGE STATION, BRAZOS COUNTY, TEXAS. SAID TRACT BEING ALL OF LOTS 17 THROUGH 19, MEADOWLAND ADDITION, ACCORDING TO THE PLAT RECORDED IN VOLUME 94, PAGE 279 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS, AND THE ADJOINING PORTION OF THE ABANDONED PUBLIC RIGHT-OF-WAY OF MEADOWLAND STREET ACCORDING TO COLLEGE STATION ORDINANCE NO. 2010-3232. SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHEAST LINE OF A CALLED TRACT OF LAND CURRENTLY OWNED BY THE TEXAS A&M UNIVERSITY SYSTEM MAR.KING THE SOUTH CORNER OF SAID LOT 17 AND THE WEST CORNER OF LOT 16, MEADOWLAND ADDITION; THENCE: N 49" 04' 04" W ALONG THE COMMON LINE OF SAID LOTS 17 THROUGH 19 AND SAID TEXAS A&M TRACT FOR A DISTANCE OF 149.46 FEET TO THE COMMON CORNER OF SAID LOT 19 AND NORTH PARK, ACCORDING TO THE PLAT RECORDED IN VOLUME 465, PAGE 37 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS; THENCE: N 41° 27' 11" E ALONG THE COMMON LINE OF SAID LOT 19 AND NORTH PARK, AT 166.83 FEET PASS A MAG NAIL FOUND IN ASPHALT ON THE SOUTHWEST LINE OF MEADOWLAND STREET MARKING THE NORTH CORNER OF SAID LOT 19, CONTINUE 0 FOR A TOTAL DISTANCE OF 181.84 FEET TO THE ORIGINAL CENTERLINE OF MEADOWLAND STREET; THENCE: S 49° 08' 30" E THROUGH MEADOWLAND STREET FOR A DISTANCE OF 149.47 FEET TO THE EAST CORNER OF TffiS HEREIN DESCRIBED TRACT; THENCE: S 41° 27' 11" W CONTINUING THROUGH MEADOWLAND STREET AND ALONG THE COMMON LINE OF SAID LOTS 16 AND 17, AT 18059 FEET PASS A Yi INCH IRO ROD FOUND, CONTINUE ON FOR A TOTAL DISTANCE OF 182.03 FEET TO THE POINT OF BEGINNING CONTAINING 0.62 OF AN ACRE OF LAND, MORE OR LESS. Tract Two: 1403 University MEOOAND BOUNDS DE5CRIP110N OF AIL IBAT CERTAIN TRACTOR PARCEL OF LAND LYING AND BEING SITUATED IN THE J E. scarr LEAGUE, ABSIRACT NO. so, COlLEGE STATION, BRAZOS COUNTY, TEXAS. SAID TRACT BEING AIL OF UJfS 1, 2 AND 4 AND A PORTION OF LOT S, MEADOWLAND ADDITION, ACCORDING TO TEE Pl.AT RECORDED IN VOLUME~ PAGE 1:19 OF IllE DEED RECORDS OF BRAZOS <XXJNIY, TEXAS, SAID BF.lNG THE SAME TRACT OF lAND AS DE5CRIBED BY A DEED TO ROSSCO HOLDINGS RF.CORDEDI/VVOLUME6173, PAGE 128 OF THE OFFIOAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS,AND IllEADJOINING PORTION OF THE ABANDONED PUBLIC RIGHT-OF-WAY OFMEADOWLANDSIREEf ACL'ORDINGTOCOLLEGESTATION ORDINANCE NO. 2010- 3232. SAIDTRACTBE1NGMOREPARTICULARLYDESCRIBEDBYMEI'E.5ANDBOUNDSASFOILOWS: BF.GINNING AT A y, INCH IROt"I ROD FOUND ON THE NORIBWESf LINE OFUNIVERSilY DRIVE (fM (JO) MARKING THE SOU1H a>RNm. OF SAID LOT 1 AND THE EAST CORNER. OF A CAILED TRACT OF IANDaJRRENILYOWNEDBYTHE TEXASA&M UNIVERSITY SYSTEM; THENCE: N 49° 04' 04" W ALONG THE COMMON LINE OF SAID LOT I AND SAID TEXAS A&M TRACT FORA DISTANCE OF 224.73 FEET TO THE WEST CORNER OF SAID LOT 4 AND lHF.SOUJ'H CORNER OF LOT 6, MEADOWlAND ADDIDON; THENCE: 41° 39' 11" E ALONG THE COMMON LINE OF SAID LOT 4 AND 5 AND SAID LOT 6, AT 169.07 FEEI'PASS A 5'8 INCHIRON ROD FOUND ON THE SOUIHWE5T LINE OF MEADOWLAND STREET MARKING 1HE CX>MMON CORNER OF SAID LOT 5 Al'\'D SAID LOT 6, CONTINUE ON THROUGH MEADOWLAND STREETFOR A TOTAL DISTANCE OF 182. 74 FEET TO IllENORTI-J C'ORNFROFTiffi HERFJNDESCRIBED TRACT; THENCE: S 48° 41' 06" E THROUGH MEADOWLAND S'IREET FOR A DISf ANCE OF 49.72 FEET; THENCE: S 41° 39' 11" W CONTINUING THROUGH MEADOWLAND STREET, AT 13.971 FEET PASS THE COMMON CORNER OF SAID ROSSCO HOLDINGS TRACT AND A CAlLED TRACT OF lAND AS DE5CRIBED BY A DEED 10 LEONARD M. ROSS REVOCABLE TRACT RECORDED IN VOLUME 7564, PAGE 208 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNIY, 1EXAS, OO'illNUE ON FOR A TOTAL DISTANCE OF 64.02FEEf10 A 5'8 INOI IRON ROD FOUND MARKING THE WEST CORNER OF SAID ROSS TRACT; THENCE: S 48" 20' 49" E ALONG THE COMMON LINE OF SAID ROSSCO HOLDINGS TRACT AND SAID ROSSTRACTFORADISTANCEOF175.00FEEf10A5'8INCHIRONRODFOUNDONTBENORTHWEST LINE OF UNlVERSITY DRIVE MARKING THE SOlJIH CORNER OF A CALLED TRACT OF LAND AS DFBCRIBED BY A DEED TO 7-D JNVESIMFNIS RECORDED IN VOLUME !(JOI, PAGE 138 OF TEE OFFICIALPUBLICRECORDSOFBRAZOSCOUNIY, TEXAS; THENCE: S 41° 39' 11" W ALONG THE NORTHWEST LINE OF UNIVERSl1YDRIVEFORA DISTANCE OF 116.19 FEET10 THE POINT OF BEGINNING CO!'IT AlNING 0.68 OF AN ACRE OF LAND, MORE OR LFSS. Tract Three: 133 Meadowland METES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING MID BENG SITUATED IN TIIE J. E. SCOTT LEAGUE, ABSTRACT O. 50, COLLEGE STATION, BRAWS COUNTY, TEXAS, SAID TRACT BEING ALL OF LOT 10, BLOCK 2, NORTH PARK, ACCORDING TO THE PLAT RECORDED IN VOLUME 465, PAGE 37 OF THE DEED RECORDS OF BRAZOS COUNTY, 1EXAS, AND THE ADJOINING PORTION OF THE, ABANDONED PUBLIC RIGHT-OF-WAY OF MEADOWLAND STREET ACCORDING 10 COLLEGE STATION ORDINANCE NO. 201~3232. SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGNNING AT A Yi INCH IRON ROD FOUND ON THE SOUIHWEST LINE OF MEADOWLAND STREET MARKING THE NORIB CORNER OF SAID LOT 10 AND THE EAST CORNER OF LOT 9, BLOCK 2; THENCE: N 41° 29' 51" E THROUGH MEADOWLAND STREET FOR A DISfANCE OF 25.19 FEET TO THE ORIGINAL CENI'ERLINE OF MEADOWLAND STREET; THENCE: S 49" 08' 30" E COl'ITINUING THROUGH MEADOWLAl'ID STREET FOR A DISTANCE OF 46.94 FEET TO THE EAST CORNER OF TIIlS HEREIN DESCRIBED TRACT; THENCE: S 41° 27' 11" W COl'ITlNUING THROUGH MEADOWLAND STREET, AT 25.42 FEET PASS A 5111 INCH IRON ROD FOUND ON THE, NORTHWEST LINE OF LOT 19, MEADOWLAND ADDIDON, ACCORDING TO THE PLAT RECORDED IN VOLUME 94, PAGE 279 OF IBE DEED RECORDS OF BRAWS COUNTY, TEXAS, MARKING THE EAST CORNER OF SAID LOT 10, CONTINUE ON ALONG THE COMMON LINE OF SAID LOT 10 AND SAID LOT 19 FOR A TOT AL DISTANCE OF 181.84FEET10 THE NORTHEAST LINE OF A CALLED TRACT OF LAND CURRENTLY OWNED BY TIIE TEXAS A&M UNIVERSITY SYSTEM; TBE!"ICE: N 49" 04' 04" W ALONG THE COMMON LlNE OF SAID LOT 10 AND SAID TEXAS A&M TRACTFORADISfANCEOF47.08FEETTOTHECOMMONCORNEROFSAIDLOTlOANDLOT9; THENCE:N41°29'51"EALONGTHECOMMONLINEOFSAIDLOT10ANDLOT9FORADISfANCEOF 156.(J() FEET TO THE POINT OF BEGINNING CO!'ITAINING 0.20 OF AN ACRE OF LAND, MORE OR LESS. Tract Four: 135 Meadowland METES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRACT OR PARCFL OF LAND LYING AND BEING SITUATED IN THE J.E. SCOTT LEAGUE, ABSTRACT NO. 50, COLLEGE STATION, BRAWS COUNTY, TEXAS. SAID TRACT BEING ALL OF LOT 9, BLOCK 2, NORTH PARK, ACCORDING TO TilE PLAT RECORDED IN VOLUME 465, PAGE 37 OF THE DEED RECORDS OF BRAWS COUNTY, TEXAS, AND TilE ADJOINING PORTION OF THE ABANDONED PUBLIC RIGHT-OF-WAY OF MEADOWLAND STREET ACCORDING TO COLLEGE STATION ORDINANCE NO. 201~3232. SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A Yi INCH IRON ROD FOUND ON THE SOUTHWEST LlNE OF MEADOWLAND STREET MARKING THE EAST CORNER OF SAID LOT 9 AND THE NORTH CORNER OF LOT 10,BLOCK2; THENCE: S 41° 29' 51" W ALONG THE COMMON LINE OF SAID LOT 9 AND LOT JO FOR A DISTANCE OF 156.60 FEET TO THE NORTHEAST LINE OF A CALLED TRACT OF LAND CURRENTLY OWNED BY THE TEXAS A&M UNIVERSITY SYSTEM; THENCE: 49" 04' 04" W ALONG THE COMMON LINE OF SAID LOT 9 AND SAID TEXAS A&M TRACT FOR A DISTANCE OF 68.01 FEET TO A Y, INCH IRON ROD FOUND MARKING THE COMMON CORNER OF SAID LOT 9 AND LOT 8, BLOCK 2; THENCE: N 41° 25' 38" E ALONG THE COMMON LINE OF SAID LOT 9 AND LOT 8, AT 156.52 FEET PASS THE COMMON CORNER OF SAID LOT 9 AND WT 7, BLOCK 2, CONTINUE 0 THROUGH MEADOWLAND STREET FOR A TOTAL DlST ANCE OF 181.69 FEET TO THE ORIGINAL CENTERLINE OF MEADOWLAND STREET; THENCE: S 49" 08' 30" E THROUGH MEADOWLAND STREET FOR A DISTANCE OF 68.23 FEET TO TIIE EAST CORNER OF THlS HEREIN DESCRIBED TRACT; THENCE: S 41° 29' 51" W CONTINUING THROUGH MEADOWLAND STREET FOR A DLSTANCE OF 25.19 FEET TO THE POINT OF BEGINNING CONTAINING 0.28 OF AN ACRE OF LAND, MORE ORLE.5S. Tract Five: 136 Meadowland METES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE J. E. SCOTT LEAGUE, ABSTRACT NO. 50, COLLEGE STATION, BRAWS COUNTY, TEXAS. SAID TRACT BEING ALL OF LOT 5, NORTHPARK, SECTION II, ACCORDING TO THE PLAT RECORDED IN VOLUME 494, PAGE 543 OF THE DEED RECORDS OF BRAWS COUNTY, TEXAS, AND THE ADJOINING PORTION OF THE ABANDONED PUBLIC RIGHT-OF-WAY OF MEADOWLAND STREET ACCORDING TO COLLEGE STATION ORDINANCE NO. 2010-3232. SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A Y, INCH IRON ROD FOUND ON THE SOUTHWEST LINE OF LODGECO SUBDIVlSION, ACCORDING TO THE PLAT RECORDED IN VOLUME 1996, PAGE 331 OF THE OFFICIAL PUBLIC RECORDS OF BRAWS COUNTY, TEXAS, MARKING THE EAST CORNER OF SAID LOT 5 AND THE NORTH CORNER OF LOT 4, NORTH PARK, SECTION 11; THENCE: S 40° 53' 51" W ALONG THE COMMON LINE OF SAID LOT 5 AND LOT 4, AT 120.09 FEET PASS A 5/8 INCH IRON ROD FOUND ON THE NORTHEAST LINE OF MEADOWLAND STREET MARKING THE SOUTH CORNER OF SAID LOT S, CONTINUE ON FOR A TOTAL DISTANCE OF 13S.21 FEET TO THE CE TERLlNE OF MEADOWLAND STREET; THENCE: N 49° 08' 30" W THROUGH MEADOWLAND STREET FOR A DISTANCE OF SJ.SO FEET TO THE WEST CORNER OF THIS HEREIN DESCRIBED TRACT; THENCE: N 40° S2' 23" E CONTINUING THROUGH MEADOWLAND STREET FOR A DISTANCE OF 15.22 FEET TO A Y, INCH IRON ROD FOUND MARKING THE WEST CORNER OF SAID LOT 5 AND THE SOUTH CORNER OF TEXIAN INN ADDIDON ACCORDING TO THE PLAT RECORDED IN VOLUME 706, PAGE 201 OF THE OFFICIAL RECORDS OF BRAWS COUNTY, TEXAS; THENCE: N 41° 22' 30" E ALONG THE COMMON LINE OF SAID LOTS AND THE TEXIAN INN ADDITION FOR A DISTANCE OF 119.99 FEET TO A 518 INCH IRON ROD FOUND MARKING THE NORTH CORNER OF SAID LOTS AND THE WEST CORNER OF LODGECO SUBDIVISION; THENCE: S 49° 11' 22" E ALONG THE COMMON LINE OF SAID LOT S AND LODGECO SUBDIVISION FOR A DISTANCE OF 50.51 FEET TO THE POINT OF BEGINNING CONTAINING 0.160F AN ACREOFLAND,MOREORLESS. Tract Six: 137 Meadowland METES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE J.E. SCOTT LEAGUE, ABSTRACT NO. 50, COLLEGE STATION, BRAWS COUNTY, TEXAS. SAID TRACT BEING ALL OF LOT 7, BLOCK 2, NORTH PARK, ACCORDING TO THE PLAT RECORDED IN VOLUME 465, PAGE 37 OF THE DEED RECORDS OF BRA7DS COUN1Y, TEXAS, AND THE ADJOINING PORTION OF THE ABANDONED PUBLIC RIGHT-OF-WAY OF MEADOWLAND STREET ACCORDING TO COLLEGE STATION ORDINANCE NO. 2010-3232. SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A Y, INCH IRON ROD FOUND ON THE SOUTHWEST LINE OF MEADOWLAND STREET MARKING THE ORTH CORNER OF SAID LOT 7 AND THE NORTHEAST CORNER OF LOT 8, BLOCK 2; THE CE: S 49° 07' 37" E ALONG THE SOUTHWEST LINE OF MEADOWLAND STREET FOR A DISTANCE OF 24.09 FEET; THENCE: 40° 52' 23" E THROUGH MEADOWLAND STREET FOR A DJSfANCE OF 25.15 FEET TO THE ORIGINAL CENTERLINE OF MEADOWLAND STREET; THE CE: S 49° 08' 30" E CONTINUING TIIROUGH MEADOWLAND STREET FOR A DISTANCE OF 47.84 FEET TO THE EAST CORNER OF THIS HEREIN DESCRIBED TRACT; THENCE: S 41° 25' 38" W CONTINUING TIIROUGH MEADOWLAND STREET, AT 25.17 FEET PASS THE EAST CORNER OF SAID LOT 7 AND NORTH CORNER OF LOT 9, BLOCK 2, CONTINUE ON ALONG THE COMMON LINE OF SAID LOT 7 AND WT 9 FOR A TOTAL DISfANCEOF105.65FEETTOTHESOUfHCORNEROFSAIDLOT7; THENCE: N 49° 19' 54" W ALONG THE COMMON LINE OF SAID LOT 7 AND SAID LOT 8 FOR A DISTANCE OF 71.84 FEET TO AN "X" FOUND IN CONCRETE MARKING THE WEST CORNER OF SAID LOT 7; THENCE: N 41° 32' 01" E CONTINUING ALONG THE COMMON LINE OF SAID LOT 7 AND LOT 8 FOR A DISTANCE OF 80.74 FEET TO THE POINT OF BEGINNING CONTAINING 0.16 OF AN ACRE OF LAND, MORE OR LESS. Tract Seven: 139 Meadowland Lot Eight (8), Block Two (2), North Park, City of College Station, according to plat thereof recorded in Volume 465, Page 37 of the Deed Records of Brazos County, Texas. Tract Eight: 141 Meadowland Lot Five (5), Block Two (2), North Park, City of College Station, according to plat thereof recorded in Volume 465, Page 37 of the Deed Records of Brazos County, Texas. Tract Nine: 143 Meadowland Lot Six (6), Block Two (2), North Park, City of College Station, according to plat thereof recorded in Volume 465, Page 37 of the Deed Records of Brazos County, Texas. Tract Ten: 145 Meadowland Lot Three (3), Block Two (2), North Park, City of College Station, according to plat thereof recorded in Volume 465, Page 37 of the Deed Records of Brazos County, Texas. Tract Eleven: 147 Meadowland Lot Four (4), Block Two (2), North Park, City of College Station, according to plat thereof recorded in Volume 465, Page 37 of the Deed Records of Brazos County, Texas. Tract Twelve: 150 Meadowland Lot Four (4), Block One (1), North Park, City of College Station, according to plat thereof recorded in Volume 465, Page 37 of the Deed Records of Brazos County, Texas. Tract Thirteen: 152 Meadowland Lot Three (3), Block One (1), North Park, City of College Station, according to plat thereof recorded in Volume 465, Page 37 of the Deed Records of Brazos County, Texas. Tract Fourteen: 154 Meadowland Lot Two (2), Block One (1) North Park, City of College Station, according to plat thereof recorded in Volume 465, Page 37 of the Deed Records of Brazos County, Texas. l Tract Fifteen: 100 S. Texas Avenue METF.S AND BOUNDS DESCRIPTION OF ALL TIIAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITIJATED IN J. E. SCOTI, A-50, IN COLLEGE STATION, BRAWS COUNlY, TEXAS. SAID TRACT BEING THE SAME TRACT OF LAND AS DESCRIBED BY A DEED TO EMMA RUTII ELLIS (TRACT ONE), RECORDED IN VOLUME 7035, PAGE 237 OF TIIE OFFICIAL PUBLIC RECORDS OF BRAWS COUNTY, TEXAS. SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS BEGINNING AT A :Yll INCH IRON ROD FOUND ON 1HE SOUIH CORNER OF THE INIERSECilON OF S. TEXAS A VENUE (100' RO.W.) AND HENSEL DRIVE (50' RO.W.) MARKING TIIE NORIB CORNER OF THIS HEREIN DESCRIBED TRACT; TIIENCE: S 47° 09' 27'' E ALONG THE SOUillWFST RIGHT-OF-WAY LINE OF S. TEXAS AVENUE FOR A DISf ANCE OF 74.85 FEET TO A 318 INCH IRO ROD FOUND MARKING TIIE NORIB CORNER OF LOT 1, BLOCK 1, TEXCAN lNN ADDIDON, ACCORDING TO TIIE PLAT RECORDED IN VOLUME 726, PAGE 201 OF THE OFFICIAL RECORDS OF BRAWS COUNTY, TEXAS, AND TIIE EAST CORNER OF nns HEREIN DESCRIBED TRACT; TIIENCE: S 41°18' 40" W ALONG THE NORmwEST LINE OF SAID LOT 1, AT 199.88 FEET PASS A 3/8 INCH IRON ROD FOUND, CONTINUE ON FOR A TOTAL DISTANCE OF 200.17 FEET TO A POINT ON THE NORTIIEAST LINE OF LOT 2, BLOCK 1, NORTH PARK, ACCORDING TO THE PLAT RECORDED IN VOLUME 465, PAGE 37 OF TllE DEED RECORDS OF BRAZOS COUNTY, lEXAS, FOR REFERENCE, A Y, INCH IRON ROD FOUND MARKING THE. EAST CORNER OF SAID LOT 2 BEARS: S 47° 52' 49" E FOR A DISTANCE OF 36.91 FEET; THENCE: N 47° 52' 49" W ALONG THE, NORTHEAST LINE OF SAID LOT 2 FOR A DISTANCE OF 75.24 TO A Y, INCH IRON ROD FOUND ON TIIE SOUTIIEAST RIGHT-OF-WAY LINE OF HENSEL DRIVE MARKING TllE NORTH CORNER OF SAID LOT 2 AND THE WEST CORNER OF TlilS HEREIN DESCRIBED TRACT; THENCE: N 41° 25' 38" E ALONG THE SOUTHEAST LINE OF HENSEL DRIVE FOR A DISTANCE OF 20l.13 FEET TO THE POINT OF BEGINNING CONTAINING .0345 OF AN ACRE OF LAND, MORE OR LESS. NOTE: The Company is prohibited from insuring the area or quantity of the land described herein. Any statement in the above legal description of the area or quantity of land is not a representation that such area or quantity is correct, but is made only for informational and/or identification purposes. and that our records reflect that the following is a true and correct list of documents affecting title to the real property described supra between the dates of July 7, 2011 and January 18, 2012: Release of Lien: From: To: Dated: Recorded: Onewest Bank, FSB Rossco Holdings Incorporated July 29, 201 l Volume 10282, Page 81, of the Official Records of Brazos County, Texas. (Tracts 1, 2 & 15) Said lien being assigned to RPM Investments, Inc. and Rossco Holdings Incorporated by Assignment: Dated: December 23, 2011 Recorded: Volume 10481, Page 135, Official Records, Brazos County, Texas. (All tracts) Release of Lien: From: To: Dated: Recorded: Prosperity Bank Rossco Holdings Incorporated .July 20, 2011 Volume 10264, Page 97, of the Official Records of Brazos County, Texas. (Tracts 3 -14) This certificate is issued with the express understanding, evidenced by the acceptance of same that the undersigned does not undertake to give or express any opinion as to the validity of the title to the property above, but is simply reporting briefly herein as to the instruments listed above found of record pertaining to said property, and it is expressly understood and agreed that this Certificate is neither a guaranty nor warranty of the title. By acceptance of this Certificate it is understood that the liability of the issuer hereof is expressly limited to the actual monetary consideration paid for same. We have not made any examination as to property taxes, tax suits, special assessments or conflicts. . . University Title Company GF No.: U125472 Examiner: Lana Barnes Effective Date: December 13, 2012 STATE OF TEXAS COUNTY OF BRAZOS NOTHING FURTHER CERTIFICATE THIS IS TO CERTIFY: That we have examined the records of the County Clerk of Brazos County, Texas as they are reflected in the geographically indexed title plant of Uni versity Title Company as to the following property, to-wit: Vacant Land -Former Gas Station Metes and bounds description of all that certain tract or parcel of land lying and being situated in the J.E. Scott League, Abstract No. SO, College Station, Brazos County, Texas. Said tract being the remainder of a called 0.172 acre tract as described by a Deed to BCSK Management, Inc. recorded in Volume 7018, Page 196 of the Official Public Records of Brazos County, Texas. Said tract being more particularly described by metes and bounds as follows: COMMENCING at a 5/8 inch iron rod found on the Southwest line of Texas Avenue (100' R.O.W.) marking the North corner of a called 4.5047 acre tract described as tract I by a Deed to Texas Student Housing Corporation recorded in Volume 2519, Page 202 of the Official Public Records of Brazos County, Texas, and the East corner of a called I 855 acre tract as described by a Deed to EQI College Station Partnership, L.P. recorded in Volume 7619, Page 141 of the Official Public Records of Brazos County, Texas; THENCE: S 47° 41' 22" E along the Southwest line of Texas Avenue for a distance of 457.46 feet to a point marking the North corner of said remainder of 0.172 acre tract and the POINT OF BEGINNING of this herein described tract; THENCE: S 47° 41' 22" E continuing along the Southwest line of Texas Avenue for a distance of 56.81 feet to an "x" found in concrete marking the transition between the Southwest line of Texas Avenue and the Northwest line of University Drive (FM 60); THENCE: S 08° 47' 35" E along said transition line for a distance of23.57 feet to an "x" found in concrete on the Northwest line of University Drive; THENCE: S 41° 43' 03" W along the Northwest line of University Drive for a distance of 85.20 feet to a point marking the South corner of this herein described tract, for reference a 518 inch iron rod found on the Northeast line of Meadowland Street (30' R.O.W.) bears: S 41° 43' 03" W for a distance of288.78 feet; THENCE: N 47° 41' 22" W along the common line of said remainder of 0.172 acre tract and said 4.5047 acre tract for a distance of 75.00 feet to a point marking the west corner of this herein described tract; THENCE: N 41° 43' 03" E continuing along the common line of said 4.5047 acre tract and said remainder of 0.172 acre tract for a distance of 100.00 feet to the POINT OF BEGINNING containing 0.17 of an acre of land, more or less. NOTE: The Company is prohibited from insuring the area or quantity of the land described herein. Any statement in the above legal description of the area or quantity of land is not a representation that such area or quantity is correct, but is made only for informational and/or identification purposes. And that our records reflect that the fo llowing is a true and correct list of documents affecting title to the real property described supra between the dates of January 15, 2012 and December 13, 2012: Deed of Trust to secure a Note: Gran tor: Woodridge College Station JV, LLC Trustee: Harvey Bookstein Beneficiary: HAR College Station, LLC Amount: $12,000,000.00 Dated: February 24, 2012 Recorded: Volume 10550, Page 49, Official Records, Brazos County, Texas. Release of Lien: From: Standard Automatic Fire Enterprises To: BCSK Management, Inc. Dated: February 14, 2012 Recorded: Volume 10565, Page 97, Official Records, Brazos County, Texas. (Releases Mechanic Lien and Affidavit recorded in Volume 10306, Page 52, Official Records, Brazos County, Texas.) Easement: From: Woodridge College Station I, LLC, et al To: City of College Station Dated: May 3, 2012 Recorded: Volume 10672, Page 110, Official Records, Brazos County, Texas. Terms, Conditions, and Stipulations in the Name Change Agreement by and between: Parties: Woodridge College Station II, LLC, et al and the Public Dated: August 13, 2012 Recorded: Volume 10852, Page 190, Official Records, Brazos County, Texas. Release of Lien: From: HAR College Station, LLC To: Woodridge College Station IV, LLC Dated: August 14, 2012 Recorded: Volume 10853, Page 122, Official Records, Brazos County, Texas. (Releases Deed of Trust recorded in Volume 10550, Page 49, Official Records, Brazos County, Texas.) Affidavit of Completion: From: Capstone Collegiate Communities To: The Public Dated: September 14, 2012 Recorded: Volume 10906, Page 221, Official Records, Brazos County, Texas. This certificate is issued with the express understanding, evidenced by the acceptance of same that the undersigned does not undertake to give or express any opinion as to the validity of the title to the property above, but is simply reporting briefly herein as to the instruments listed above found ofrecord pertaining to said property, and it is expressly understood and agreed that this Certificate is neither a guaranty nor warranty of the title. By acceptance of this Certificate it is understood that the liability of the issuer hereof is expressly limited to the actual monetary consideration paid for same. We have not made any examination as to property taxes, tax suits, special assessments or conflicts. University Title Company . . I\ 8Y' tflw1& lti k~ GF Number: 00120354 Effective Date: January I 5, 2012 Examiner: LBJ ST A TE OF TEXAS COUNTY OF BRAZOS NOTHING FURTHER CERTIFICATE THIS IS TO CERTIFY: That we have examined the records of the County Clerk of Brazos County, Texas as they are reflected in the geographically indexed title plant of University Title Company as to the following property, to- wit: Vacant Land -Former Gas Station Metes and bounds description of all that certain tract or parcel of land lying and being situated in the .J. E. Scott League, Abstract No. 50, College Station, Brazos County, Texas. Said tract being the remainder ofa called 0.172 acre tract as described by a Deed to BCSK Management, Inc. recorded in Volume 7018, Page 196 of the Official Public Records of Brazos County, Texas. Said tract being more particularly described by metes and bounds as follows: COMMENCING at a 5/8 inch iron rod found on the Southwest lin e of Texas Avenue (100' R.0.W.) marking the North corner of a called 4.5047 acre tract described as tract I by a Deed to Texas Student Housing Corporation recorded in Volume 25 19, Page 202 of the Official Public Records of Brazos County, Texas, and the East corner of a called I 855 acre tract as described by n Deed to EQI College Stati on Partnership, L.P. recorded in Volume 7619, Page 141 of the Official Public Records of Brazos County, Texas; THENCE: S 47° 41' 22" E along the Southwest line of Texas Avenue for a distance of 457.46 feet to a point. marking the North corner of said remainder of 0.172 acre tract and the POLNT OF BEGINNING of this herein described tract; THENCE: S 47° 41' 22" E continuing along the Southwest line of Texas Avenue for a distance of 56.81 feet to an "x" found in concrete marking the transition between the Southwest line of Texas Avenue and the Northwest line of University Drive (FM 60); THE CE: S 08° 47' 35" E along said transition lin e for a distance of 23.57 feet to an "x" found in concrete on the Northwest liue of University Drive; THENCE: S 41° 43' 03" W along the Northwest line of University Drive for a distance of 85.20 feet to a point marking the South corner of this herein described tract, for reference a 5/8 inch iron rod fou nd on the Northeast line of Meadowland Street (30' R.O. W.) bears: S 41° 43' 03" W fo r a distance of 288.78 feet; THENCE: N 47° 41' 22" W along the common line of said remainder of 0.172 acre tract and said 4.5047 acre tract for a distance of 75.00 feet to a point marking the west corner of this herein described tract; THENCE: N 41° 43' 03" E continuing along the common line of said 4.5047 acre tract and said remainder of 0.172 acre tract for a distance of 100.00 feet to the POJNT OF BEGINNING containing 0.17 of an acre of land, more or less. NOTE: The Company is prohibited from insuring the area or quantity of the land described herein. Any statement in the above legal description of the area or quantity of land is not a representation that such area or quantity is correct, but is made only for informational and/or identification purposes. and that our records reflect that the following is a true and correct list of documents affecting title to the real property described supra between the dates of July 7, 2011 and January 15, 2012: Mechanic's and Materialmen's Affidavit and Claim of Lien: Claimant: Amount: Recorded: Standard Automatic Fire Enterprises $11,759.39 August 19, 2011, Volume 10306, Page 52, Official Records, Brazos County, Texas. This certificate is issued with the express understanding, evidenced by the acceptance of same that the undersigned does not undertake to give or express any opinion as to the validity of the title to the property above, but is simply reporting briefly herein as to the instruments listed above found ofrecord pertaining to said property, and it is expressly understood and agreed that this Certificate is neither a guaranty nor warranty of the title. By acceptance of this Certificate it is understood that the liability of the issuer hereof is expressly limited to the actual monetary consideration paid for same. We have not made any examination as to property taxes, tax suits, special assessments or conflicts. University Title Company Do·: Bk Vol p9 01099~~5 OR 10306 52 NOTICE: THIS IS NOT A LIEN. THIS IS ONLY AN AFFIDA VII CLAIMING A LIEN. AFFIDAVIT CLAIMING MECHANIC'S AND MATERIAL MAN'S LIEN ST ATE OF TEXAS § § § KNOW ALL PERSONS BY THESE PRESENTS : COUNTY OF BRAZOS BEFORE ME, the undersigned authority, on this day personally appeared Steven R. Rians, the undersigned Affiant, who swore on his oath that the following facts are true: My name is Steven R. Rians, I am the CEO of Standard Automatic Fire Enterprises, Inc. This Affidavit is made on behalf of claimant to perfect the Mechanic's and Materialman's Lien against the real property described below: I. Claimant has an unpaid claim in the amount of$1 l,759.39 for labor and materials furnished on the construction of improvements generally known as the Plaza Hotel, 410 S. Texas Ave., College Station, Texas 77840, construction project The claimed amount of$1 l,759.39 is, within my personal knowledge, just and true, the same is due and unpaid, and all just and lawful offsets, payments and credits have been allowed. The claim amount is for labor and materials furnished and described below, on which a systematic record has been kept. 2. The name and last known address of the owner or reputed owner of the real property and improvements upon which this claim is made is: Plaza Hotel c/o Roscoe Holdings, Inc. Lodgeco Properties, Ltd. BCSK Management, Inc 1011 Yi N. Beverly Dr. Beverly Hills, CA 90210-2328 3. The claim amount of$1 l,759.39 represents the unpaid contract price due claimant, or in the alternative, is the reasonable value of the unpaid portion of claimant's labor and materials furnished, which are described below. 4. Claimant's labor and materials furnished for construction of improvements on the real property described below are generally described as: Test and repair and replace of fire sprinkler heads for fire sprinkler system. Affulavit Claiming Mechanic's and Material Man's Lien Page I ; . Doc Bk Vol p9 01099445 OR 10306 53 5. Payment is requested for work performed or materials furnished during the month of June 2011. 6. The legal description of the real property improved by Claimant's above-described labor and materials, and which real property and improvements thereon are sought to be charged with Claimant's lien, is: METES AND BOUNDS DESCRiPTION OF ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE J.E. SCOTT LEAGUE, ABSTRACT NO. 50, COLLEGE ST A TION, BRAZOS COUNTY, TEXAS. SAID TRACT BEING THE REMAINDER OF A CALLED 0.172 ACRE TRACT AS DESCRIBED BY A DEED TO BCSK MANAGEMENT, INC. RECORDED IN VOLUME 7018, PAGE 196 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, and commonly known as 410 S. Texas Ave., College Station, Texas 77840. 7. Claimant claims a Mechanic's and Materialman's lien upon the above-described real property and improvements thereon to secure payment of its claim in the amount of $11,759.39 in accordance with the Texas Property Code. 8. Claimant's mailing address is P.O. Box l 0408, College Station, TX 77842-0408 and Claimant's physical address is 500 Graham Rd., College Station, TX 77845. 9. Claimant's notice of mechanic's lien was sent to the Owner identified above by United States, certified mail, return receipt requested, on the following dates: June 2011. 10. In compliance with the Texas Property Code, Claimant is sending one copy of this Affidavit to the above-referenced Owner, at its last known address, and also one copy to the above- referenced original contractor at its last known address. ~ SUBSCRIBED AND SWORN TO BEFORE ME by the said Steven R. Rians this 19th day of August, 2011 , to certify which witness my hand and seal of office. ti~'.~'\ TONI LEE CHAVARRIA ~ · :.#,;~· I NoUry Public, Stllle ol llal ":fit J My Commission Ewp. 03420\5 "" . : Ajfulavit Claiming Mechanic's and Material Man's Lien Page] .. THE ST A TE OF TEXAS COUNTY OF BRAZOS § § § Doc Bk Vol p, 01099H5 OR 10306 5t KNOW ALL PERSONS BY THESE PRESENTS: This instrument was acknowledged before me on this the 19111 day of August, 2011, by Steven R. Rians, CEO of Standard Automatic Fire Enterprises, Inc., on behalf of such company. ~~U!/W!-taf)l\l1Jlicio~eStaie of Texas AFTER FILING RETURN TO: Stephen R. Hollas Holt & Hollas, PLLC 405 Technology Pkwy. Bldg.C College Station, TX 77845 Affuiavil Claiming Mechanic's and Material Man's Lien Fi led for Record in: BRAZOS COUIHY On: All! 19t2011 at 03:5-tP As a Record inn Docuaent Huaber: A1aunt Receipt Hulber -H9695 s~. C~nthia Rincon STATE OF TEXAS COUNTY Of BRAZOS l hereb~ cert ih that this instrU11ent ws filed on the date and t i•e staaPed hereon b~ .e and was duh re(orded in the voluae 11nd po,,e of the Official Public records of: BRAZOS COUHTY as sta•Ped hereon b~ iie. AU9 1912011 HONORABLE KAREN MCOUEEH, COIJMTY CLERK BRAZOS COUHTY Page3 , GF Number: 00120351 Effective Date: January 17, 2012 Examiner: LBJ STA TE OF TEXAS COUNTY OF BRAZOS NOTHING FURTHER CERTIFICATE THIS IS TO CERTIFY: That we have examined the records of the County ClerkofBrazos County, Texas as they are reflected in the geographically indexed title plant of University Title Company as to th e following property, l0 wit: Tract One: Land Only -Excluding improvements (Hotel Tower Property-410 S. Texas Avenue) Metes and Bounds description of all that certain tract or parcel of land lying and being situated in the J. E. Scott League, Abstract No. 50, College Station, Brazos County, Texas. Said tract being all of a called 4.65 acre tract as described by a Deed to Chsc Ltd. recorded in Volume 8917, Page 44 of the Official Public Records of Brazos County, Texas, and the adjoining portion of the abandoned public right-of-way of Meadowland Street according to College Station Ordinance No. 2010-3232. 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 Texas Avenue (JOO' R. 0 . W.) marking the North corner of said 4.65 acre tract and the East corner of a called 1.855 acre tract as described by a Deed to EQI College Station Partnership, L.P. recorded in Volume 7619, Page 141 of the Official Public Records of Brazos County, Texas; THENCE: S 47° 41' 22" E along the Southwest line of Texas Avenue for a distance of457.46 feet to a point marking the North corner of the remainder of a called 0.172 acre tract as described by a Deed to BCSK Management, Inc. recorded in Volume 7018, Page 196 of the Official Public Records of Brazos County, Texas, for reference an "x" found in concrete marking a transition from the Southwest line of Texas Avenue to the Northwest line of University Drive (FM 60), bears: S 47° 41 ' 22" E for a distance of 56.81 feet; THENCE: S 41° 43' 03" W along the common line of said 4.65 acre tract and said remainder of 0.172 acre tract for a distance of 100.00 feet to a point marking the West corner of said remainder of 0.172 acre tract; THENCE: S 47° 41' 22" E continuing along the common line of said 4.65 acre tract and said remainder of 0.172 acre tract for a distance of 75.00 feet to a point on the Northwest line of University Drive marking the South corner of said remainder of 0.172 acre tract; THENCE: S 41° 43' 03" W along the Northwest line of University Drive for a distance of 288.78 feet to a 5/8 inch iron rod found on the Northeast line of Meadowland Street (30' R.0.W.) marking the South corner of said 4.65 acre tract, for reference a y, inch iron rod found bears: N 28° 19' 17" E for a distance of 2.38 feet; THENCE: S 41 ° 39' 11" W continuing along the Northwest line of University Drive for a distance of 15.00 feet to the South corner of this herein described tract; THENCE: N 48° 41 ' 06" W along the centerline of Meadowland Street for a distance of 224.72 feet; THENCE: N 49° 08' 30" W continuing along the centerline of Meadowland Street for a distance of 306.09 feet to the West corner of this herein described tract; THENCE: N 41° 29' 06" E through Meadowland Street, at 14.31 feet pass the common corner of said 4.65 acre tract and said 1.855 acre tract, continue on along the common line of said 4.65 acre tract and said 1.855 acre tract for a total distance of 415.46 feet to the POINT OF BEGINNING containing 4.82 acres of land, more or less. Tract Two: 101 Meadowland -College Station, Texas: Metes and bounds description of all that certain tract or parcel of land lying and being situated in the J. E. Scott League, Abstract No. 50, College Station, Brazos County, Texas: said tract being a portion of Lots 3 and 5, Meadowland Addition, according to the plat recorded in Volume 94, Page 279 of the Deed Records of Brazos County, Texas, said portion of Lots 3 and 5 being the same tract of land as described by a Deed to Leonard M. Ross Revocable Trust recorded in Volume 7564, Page 208 of the Official Public Records of Brazos County, Texas, and the adjoining portion of the abandoned public right-of-way of Meadowland Street according to College Station Ordinance No. 2010-3232. .. Said tract being more particularly described by metes and bounds as follows: BEGINNING at a 1/2 inch iron rod found on the Southwest line of Meadowland Street marking the East corner of said Ross tract and the North corner of a called tract of land as described by a Deed to 7-D Investments recorded in Volume 1601, Page 138 of the Official Public Records of Brazos County, Texas; THENCE: S 41° 37' 44" W through said Lot 3 and along the common line of said Ross tract and said 7-D Investments Tract for a distance of SO.OS feet to a 1/2 inch iron rod found on the Northeast line of a called tract of land as described by a Deed to Rossco Holdings recorded in Volume 6173, Page 128 of the Official Public Records of Brazos County, Texas, said iron rod found being on the common line of said Lot 3 and Lot 2, Meadowland Addition; THENCE: N 48° 19' 24" W along the common line of said Lot 3 and Lot 2 and through said Lot S, same being the common line of said Ross Tract and said Rossco Holdings Tract, for a distance of 7137 feet to an "x" found in concrete marking the West corner of said Ross Tract; THENCE: N 41° 39' 11 " E continuing along the common line of said Ross Tract and said Rossco Holdings Tract and through said Lot S, for a distance of SO.OS feet to an "x" found in concrete on the Southwest line of Meadowland Street marking the North corner of said Ross Tract; THENCE: through Meadowland Street for the following calls: N 41 ° 39' 11" E for a distance of 13.97 feet; S 48° 41 ' 06" E for a distance of71.34 feet; S 41° 37' 44" W for a distance of 14.43 feet to the POINT OF BEGINNING containing O.IOS of an acre of land, more or less. NOTE: The Company is prohibited from insuring the area or quantity of the land described herein. Any statement in the above legal description of the area or quantity of land is not a representation that such area or quantity is correct, but is made only for informational and/or identification purposes. and that our records reflect that the foll owing is a true and correct list of documents affecting title to the real poperty described supra between the dates of July 7, 2011 and January 17, 2012: Mechanic's and Materialmen's Affidavit and Claim of Lien: Claimant: Amount: Recorded: Standard Automatic Fire Enterprises $11,7S9.39 August 19, 2011, Volume 10306, Page S2, Official Records, Brazos County, Texas. Said lien being assigned to CHSC, Ltd. by Assignment: Dated: December 23, 2011 Recorded: Volume 10481, Page 130, Official Records, Brazos County, Texas. This certificate is issued with the express understanding, e-..idenced by the acceptance of same that the undersigned does not undertake to give or express any opinion as to the validity of the title to the property above, but is simply reporting briefly herein as to the instruments listed above found of record pertahing to said property, and it is expressly understood and agreed that this Certificate is neither a guaranty nor warranty of the title. By acceptance of this Certificate it is understood that the liability of the issuer hereof is expressly limited to theactual monetary consideration paid for same. We have not made any examination as to property taxes, tax suits, special assessments or conflicts. University Title Company By: bcu.-ffe'.vor~ (rdf) Doo: Bk Vol pg 01099,,5 OR 10306 52 NOTICE: THIS IS NOT A LIEN. THIS IS ONLY AN AFFIDAVIT CLAIMING A LIEN. AFFIDAVIT CLAIMING MECHANIC'S AND MATERIAL MAN'S LIEN ST A TE OF TEXAS § § § KNOW ALL PERSONS BY THESE PRESENTS: COUNTY OF BRAZOS BEFORE ME, the undersigned authority, on this day personally appeared Steven R. Rians, the undersigned Affiant, who swore on his oath that the following facts are true: My name is Steven R. Rians, I am the CEO of Standard Automatic Fire Enterprises, Inc. This Affidavit is made on behalf of claimant to perfect the Mechanic's and Materialman's Lien against the real property described below: I. Claimant has an unpaid claim in the amount of$! 1,759.39 for labor and materials furnished on the construction of improvements generally known as the Plaza Hotel, 410 S. Texas Ave., College Station, Texas 77840, construction project. The claimed amount of$1 l,759.39 is, within my personal knowledge, just and true, the same is due and unpaid, and all just and lawful offsets, payments and credits have been allowed. The claim amount is for labor and materials furnished and described below, on which a systematic record has been kept. 2. The name and last known address of the owner or reputed owner of the real property and improvements upon which this claim is made is: Plaza Hotel c/o Roscoe Holdings, Inc. Lodgeco Properties, Ltd. BCSK Management, Inc 1011 Yi N. Beverly Dr. Beverly Hills, CA 902 I 0-2328 3. The claim amount of$1 l,759.39 represents the unpaid contract price due claimant, or in the alternative, is the reasonable value of the unpaid portion of claimant's labor and materials furnished, which are described below. 4. Claimant's labor and materials furnished for construction of improvements on the real property described below are generally described as: Test and repair and replace of fire sprinkler heads for fire sprinkler system. Affuiavit Claiming Mechanic's and Material Man's Lien Page I . . Doc Bk Vol p9 01099H5 OR 10306 53 5. Payment is requested for work perfonned or materials furnished during the month of June 2011. 6. The legal description of the real property improved by Claimant's above-described labor and materials, and which real property and improvements thereon are sought to be charged with Claimant's lien, is: METES AND BOUNDS DESCRiPTION OF ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE J.E. SCOTT LEAGUE, ABSTRACT NO. 50, COLLEGE STATION, BRAZOS COUNTY, TEXAS. SAID TRACT BEING THE REMAINDER OF A CALLED 0. 172 ACRE TRACT AS DESCRIBED BY A DEED TO BCSK MANAGEMENT, INC. RECORDED IN VOLUME 7018, PAGE 196 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, and commonly known as 410 S. Texas Ave., College Station, Texas 77840. 7. Claimant claims a Mechanic's and Materialman's lien upon the above-described real property and improvements thereon to secure payment of its claim in the amount of $11,759.39 in accordance with the Texas Property Code. 8. Claimant's mailing address is P.O. Box l 0408, College Station, TX 77842-0408 and Claimant's physical address is 500 Graham Rd., College Station, TX 77845. 9. Claimant's notice of mechanic's lien was sent to the Owner identified above by United States, certified mail, return receipt requested, on the following dates: June 201 l. JO. In compliance with the Texas Property Code, Claimant is sending one copy of this Affidavit to the above-referenced Owner, at its last known address, and also one copy to the above- referenced original contractor at its last known address. ~ SUBSCRIBED AND SWORN TO BEFORE ME by the said Steven R. Rians this 19"' day of August, 2011, to certify which witness my hand and seal of office. ti~'.~) TONI LEE CHAVARRIA ~\J. " · · n#;~' No1rt Putjc, st111eo111m1 }'~J!...U.t))/\.JJ.A "$ · MyCommlsslon Exp. 03-0f.2015 ~estateOfTuXll~ "'" .~· Affulavit Claiming Mechanic's and Material Man's lien Page2 THE ST A TE OF TEXAS COUNTY OF BRAZOS § § § Doc Bk Yol pg 01099H5 OR 10306 54 KNOW ALL PERSONS BY THESE PRESENTS: This instrument was acknowledged before me on this the 19"' day of August, 2011, by Steven R. Rians, CEO of Standard Automatic Fire Enterprises, Inc., on behalf of such company. ~~,taf\Aµ, taryblicfo~eState of Texas AFTER FILING RETURN TO: Stephen R. Hollas Holt & Hollas, PLLC 405 Technology Pkwy. Bldg.C College Station, TX 77845 Affidavil Claiming Mechanic's and Material Man's Lien Fi led for Record in: BRAZOS COUHTY On: Au! 19t2011 at 03:54P As a Record inJs Oocu1ent Hu•ber: Aaount 01099445 24.00 Receipt H!Jaber -H96~ B~r C~nthia Rincon STATE OF TEXAS COUHTY OF BRAZOS I hereb~ certih that this instrU1ent was filed on the date and t iae stt1111>ed hereon b~ te Qlld 11as dub recorded in the vol1.111e 1111d Pa'e of the Off icio! Public records of': BRAZOS COUHTY os sta1Ped hereon b~ ae. HONORABLE KAREN MCOUEEH r COUHTY CLERK BRAZOS COUHTY PageJ ORDINANCE NO. 21J/2 -31./ 20 AN ORDINANCE MAKING CERTAIN AFFIRMATIVE FINDINGS AND VACATING AND ABANDONING A 0.20 ACRE PORTION OF MEADOWLAND STREET RIGHT-OF-WAY LOCATED AT 100 1EADOWLAND STREET IN THE CITY OF COLLEGE STATION, TEXAS. WHEREAS, the City of College Station, Texas, has received an application for the vacation and abandonment of a 0.20 Acre portion of Meadowland Street variable width right-of-way, which is located at 100 Meadowland Street between Hensel Street and University Drive within the North Park Subdivision according to the plat recorded in Volume 465 , Page 37 of the Deed Records of Brazos County, Texas, as described in Exhibits "A" and "B" attached hereto (such portions collectively hereinafter referred to as the "Right-of-Way"); and WHEREAS in order for the Right-of-Way to be vacated and abandoned by the City Council of the City of College Station, Texas, the City Council must make certain affirmative findings; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART l : That after opening and closing a public hearing, the City Council finds the following pertaining to the vacating and abandoning of the Right-of-Way in the manner and as described in Exhibit "A" attached hereto and made a part of this ordinance for all purposes. I. The abandonment of the Right-of-Way will not result in property that does not have access to public roadways or utilities; 2. Other than as set forth herein, there is no public need or use for the Right-of-Way; 3. Except as may be provided for in this ordinance, there is no anticipated future public need or use for the Right-of-Way; 4. As set forth in this ordinance, abandonment of the Right-of-Way will not impact access for all public utilities to serve current and future customers; 5. Utility infrastructure exists within the Right-of-Way and the City has a continuing need for currently existing public utilities to remain within ORDINANCE NO. 2/Jl 2-JJ.j ZD Page 2 PART2: the Right-of-Way, and said uses are expressly not abandoned herein; and 6. The City has a continuing need for public access within the Right-of- Way to platted lots, and for emergency access and sanitation purposes and such continuing needs are expressly not abandoned; and 7. The Right-of-Way is hereby abandoned as a public roadway and is no longer thrown open to the general public except for the following and is in all other respects hereby abandoned. The City retains a public utility easement and public access easement as defined above on the area described in Exhibit "A"; and The City retains a temporary blanket easement for various utilities and public access as defined above on the area described in Exhibit "B" to be restricted hereafter to the as-built area, and defined by subsequent survey or plat. That the 0.20 acre Right-of-Way known as Meadowland Street and as described in Exhibits "A" and ' B" be abandoned and vacated by the City for roadway purposes; provided, however, that the City shall retain a temporary blanket easement, public utility casement and public access easement on the area to be abandoned as set forth above, and the City does not abandon such uses. PASSED, ADOPTED and APPROVED this 2f/i_, day of Jwu_. '2012. APPROVED: ATTEST: APPROVED: (rtA/Qil~/!]d City Attorney METES AND BOUNDS DESCRIPTION Oli'A 0.10 ACRE TRACT MEADOWLAl\'!}} STREET COLLEGE STATION, BRAZOS COUNTY, TJ~XAS METES AND BOUNDS DESCRIP110N OF ALL THAT CERTAIN TRACT OF LAND LYING AND BEING SITUATED 1N COLLEGE STATION, BRAZOS COUNTY, TEXAS. SAID n<ACT BEING THAT PORTION OF THE RIGHT-OF-WAY OF MEADOWLAND S'l1IBET (40' R.O.W.) NOT PREVIOUSLY ABANDONED Ai"\ID RESERVEDASAPUBLICACCESSANDPUBLICUTILITYEASEMENTPERORDINANCEN0.2010-3232BY THE CITY OF COLLEGE STATION. SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A POINT ON THE S011THEAST LINE OF HENSEL STREET MARKING A NORTHWEST CORNER OF LOT 2, BLOCK 1, NORTH PARK, ACCORDING TO THE PLAT RECORDED lN VOLUME 465, . PAGE 37 OF TIIB DEED RECORDS OF BRAZOS COUNTY, TEXAS, FOR REFERENCE A~ lNCH IRON ROD FOUNDNEARSAID CORNERBEARS: S 10° 50' 08"11FORADISTANCE OF0.14FEBT AND A3/8INCHIRON ROD FOUND AT TI1E INTERSECTION OF SAID SOUfHEAST L1NE OF TIIB SOUTIIWBST LINE OF TEXAS AVENUE BEARS: N 41° 25' 10" E FOR A DISTANCE OF 398.59 FEET, SAID POINT MARIGNG THE BEGINNING OF A COUNTERCLOCKWISE Ctnl VE HAVING A RADIUS OF 25.00 FEET; THENCE: ALONGSAIDCURVETHROUGHACENTRALANGLEOF90°33'19"FORANARCDISTANCEOF 39.51 FEET (CHORD BEARS: S 03° 51' 29" B-35.53 FEET) TO THE END OF SAID CURVE; THENCE: S 49° 08' 09" E ALONG THE NORTHEAST LINE OF MEADOWLAND STREET FOR A DISTANCE OF 86.65 FEET TO A !h INCH IRON ROD FOUND MARKlNGTHE SOU11f CORNER OF LOT 4, BLOCK 1, NORTH PARK, AND THE WEST CORNER OF LOT 1, BLOCK. I, TEXIAN INN ADDITION, ACCORDING TO THR PLAT RECORDED IN VOLUME 726, PAGE 201 OF nm OFFICIAL RECORDS OF BRAZOS COUNTY, TEXAS; THENCE: THROUGH SAID RIGHT-OF-WAY AND ALONG TFIE NORTHWESTERLY LINES OF SAID ABANDONED PORTION FOR THE FOLLOWING CALLS : S 40° 56' 04" W FOR A DISTANCE OF 20.00 FEET;; N 49° 12' 09" W FOR A DISTANCE OF 13.19FBBT; S 41° 19' 32" WFORADISTANCE QI? 19.96 FEET TO A POINTON THE SOUTHWEST LlNEOF MBADOWLAf..1D STREET MARKING nm COMMON CORNER OF LOT 2 AND LOT 4, BLOCK 2, NORTH PARK (PLAT 465/37), FOR REFERENCE A \12 INCH IRON ROD FOUND ON THE SOUTHWEST Lll\'E OF MEADOWLJ\J\1D STREET BEARS: S 49° 02' 57" E FOR A DISTANCE OF 87.20FBET; THENCE: N 49° 02' 57" W ALONG THE SOUTHWEST LINE OF MEADOWLAND STREET FOR A DISTANCE OF 74.11 FEET TO TFIE BEGINNING OF A COUNTERCLOCKWISE CURVE HAVING A RADIOS OF 25.00 FEET; THENCE: ALONG SAID CURVE THROUGH A CBNTRAL ANGLE OF 89° 31' 53'' FOR AN ARC DISTANCE OF 39.07 FEET (CHORD BEARS: S 86° 11' 06" W ·-35.21 FEET) TO A POINT ON THE SOUTHEAST LINE OF HENSEL STREET MAlUaNG THE END OF SAID CURVE, FOR REFERENCE AV. INCH IRON ROD FOUND BEARS: N 15° 12' 46" W FOR A DISTANCE OF 0.48 FEET AND ANOTHER Y, INCH IRON ROD FOUND ON TIIB SOUTIIBAST LINE OP HENSEL STREET MARKING THE WEST CORNER OF LOT 2, BLOCK 2, NORTH PARK, BEARS: S 41° 25' lO" W FOR A DISTANCE OF 131.50 FEET; TIIENCB: N 41° 25' IO" E ALONG THE EXTENSION OF THE SOUTfIBASTLINE OF HENSEL STREET FORA DISTANCE OF 89.87 FEET TO 11-IB POINT OF llEGINNlNG CONTAINJNG 0.10 OF AN ACRE OF LAND, MORE OF LESS, AS SURVEYED ON nm GROUND. BEARlNG SYSTEM SHO'YlN fIBREIN IS BASED ON GRID NORTIIAS ESTABLISHED FROM GPS OBSERVATION. BRAD.KERR REGISTBRED PROFESSIONAL LAND SURVEYOR No. 4502 D:/WORK/MAB/11-704Z.MllB 2 s ~/8 INCH IRON ROD fOUNO BEA~: N +1'25'10" E 39a59· R=25.00' 0=90·33•19• L=.39.51' T=25.24' LC=35.53' LOT 2 BLOCK 1 NORTH PARK CB=S 03·51 •29• 1 2 INCH IRON ROD FOUND BEARS: N 15'12'-4-6'° W 0.-48' LAND TITLE SURVEY PLAT OF A 0.10 ACRE TRACT R=.25.00' 0=89'31 '53" L=3S.07' T=24.80' LC=35.21' CB=S 8o11'06ft \II LOT 1 BLOCK 2. NORTH PARK PLAT 465/37 PORTION OF MEADOWLAND STREET RIGHT-OF-WAY COLLEGE STATION, BRAZOS COUNTY, TEXAS ~ SCALE: 1 INCH = 20 fEEf 'Pf ft SURvEY DATE: Ari lA c PLAT DATE: 0-4-16-12 JOB 1-lUMBER: 11-704-._ _ _._ _ __. CAO NAME: 11-7048 CRS Fll.E! 11-7Q.4. PREPARED BY: KERR SIJR\IEYlNG, U.C -\OS N. TEXAS AVENUE: BRY>ll. 1CXAS n803 PHONE (979) 268-3195 SE£ METES ANO SOUNDS PREPARED APRIL 2012 FOR MORE DESCRIPTIVE INFORMATION.. SV..~NG ~ SHOWN HEREON IS BAS£0 ON GRID NORTH >S ESTA8USHED FROM OPS Oi!SERl/ATION. LOT 2 BLOCK 2 LOT 4 BLOCK 2 ----·········· .. _ .. __ ,, ....... _ .. __ LOT 4 BLOCK 1 NORTH PARK LOT 1, BLOCK 1 TEXIAN INN ADDITION PLAT 726/201 METES AND BOUNDS DESCRIPTION OFA 0.10 ACRE TRACT M.lCADOWLAI'\'D STREET COLLEGE STATION, BRAZOS COUNTY, TEXAS METES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRAGf OF LAND LYING AND BEING SITUATED JN COLLEGE STATION, BRAZOS COUNTY, TEXAS. SAID TRACI' BEING A PORTION OF MEADOWLANDSTREETRIGHT-OF-WAY(40'WIDTH)ADJACEl\l'fTONORTHPARK,ACCORDINGTOTI-IB PLAT RECORDED JN VOLUME 465, PAGE 37 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS. SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: HEGINNlNG AT A POINT ON THE SOUTitWBS'f LINE OF MEADOWLAND STREET MAI.UONG THE COMMON CORNER OF LOT 2 AND LOT 4, BLOCK 2, NORTH PARK, FOR REFERENCE A YiINCHJRONROD FOUND MARKING THB WEST CORNER OF SAID LOT 4 BEARS: S 41° I 9' 32" WFORADISTANCE OF 156.25 FEET; THENCE: N 41°19'32" E THROUGH SAIDRIGI-fl'-OF-WAYFORADISTANCE OF 19.96FEET; THENCE: S 49° 12' 09" B CONTINUING THROUGH SAID RIGHT-OF-WAY AND ALONG A SOUTHWEST LINE OF A CALLED 0.85 ACRE TRACT, SAID 0.85 ACRETRACTBETNGTHATPORTIONOFMEADOWLAND STREET PREVIOUSLY ABANDONED AS PUBLIC JUGHT-OF-WAY BY ORDINANCE NO. 2010-3232BYTI:IB CITY OF COLLEGil STATION, FOR A DISTANCE OF 213.13 FEET; THENCE: S 40° 51' 56" W CONTINUING THROUGH SAID RIGHT-OF-WAY AND ALONG A NORTHWEST LINE OF SAID 0.85 ACRE TRACT FOR A DISTANCE OF20.24 FEET TO THE NORTHEAST LINE OF LOT 7, BLOCK2, NORTHPARK; THENCE: N 49° 08' 04" W ALONG THE SOTnRWEST LINE OF MEADOWLAND STREET FOR A DISTANCE OF 39.34 FEET TO A 1/2 INCHIRONROD FOUND MARIGNG THE COMMON CORNER OF LOT 8 AND LOT 6, BLOCK 2, NORTH I' ARK; TH.ENCE: N 49° 12' 26" W CONTINUING ALONG THE SOU1HWESTLINE OF MEADOWLAND STREET FOR ADISTANCEOF86.75FBETTOAV.JNCHfRONRODFOUNDMARKTNG'IHECOlvfMONCOfil:1IB.OFLOT3 AND LOT 5,BLOCK2, NORTIIPARK; THENCE: N 49° 02' 57" W CONTINUING ALONG TIIB SOUIBWESTLINE OFMEADOWLAi'lD STREET FOR A DISTANCE OF &7 .20 FBET TO THB POINT OF BEGINNING CONTAINING 0.10 OF AN ACRE OF LAND, MORE OF LESS, AS SURVEYED ON THE GROUND. BEARING s~ TEM SHOWN HEREIN rs BASED ON GRID NORTH AS ESTABLISHED FROM GPS OBSERVATION. BRAD KERR. REGISTERED PROFESSIONAL LAND SURVEYOR No. 4502 D:/WORK/M.AB/12-153-1.MAB EXHIBIT B LOT 2 BLOCK 2 NORTH PARK LOT 1 BLOCK 2 NORTH PAAK SEE METES ANO BOUNDS P!!EPARED IAARCH 2012 FOR MORE DESCRJPTTl/E INFORJ.IA110N. B<AR!NG SYSTEM SHOWN HEREON G BASED ON N GRIO NORTH >S ESTABUSHED FROM G?S OBSERVATION. SURVEY PLAT OF A 0. 10 ACRE TRACT PORTION OF MEADOWLAND STREET RIGHT-OF-WAY LOT 3 BLOCK 2 NORTI-1 PARK COLLEGE STATION, BRAZOS COUNTY, TEXAS ---- SCALE: 1 INCH "' 30 FEET SURVEY DA.TE: PLAT DATE: 03-27-12 JOB NUMBER: 12-153 CAO NAME: 12-153 ORS FILE: 11-704 PREPARED BY: KERR SURVE\1NG, U.C 409 N. TEXAS AllENUE SRYAN, T£XAS 77803 PHONE {979) 26&-3195 112" IRON ROO FOUND LOT 5 LOT 1 , BLOCK 1 TEXIAN INN ADDJTJON PLAT 726/201 BLOCK 2 NORTH PARK 112" IRON ROD FOUNO PLAT 465/37 SCALE: 1" = 30' LOT 7 BLOCK 2 NOR11-I PARK ' ' ' s 4o·s1's5· w' 20.24' ··--·-·-----------·--------------- ORDINANCE NO. 2012-..3J./,21 AN ORDINANCE MAKING CERTAIN AFFIRJv1A TIVE FINDINGS AND VACATING AND ABANDONING A 0.34 ACRE PUBLIC ACCESS EASEMENT LOCATED AT 100 MEADOWLAND STREET BETWEEN HENSEL STREET AND UNIVERSITY DRIVE AND BEING A PORTION OF THE ABANDONED RIGHT- OF-WAY OF MEADOWLAND STREET RESERVED AS PUBLIC ACCESS EASEMENT PER ORDINANCE NO. 2010-3232 BY THE CITY OF COLLEGE STATION. WHEREAS, the City of College Station, Texas, has received an application for the vacation and abandonment of a 0.34 acre public acc_ess easement located at 100 Meadowland Street between Hensel Street and University Drive. The 0.34 acre public access easement is a portion of the abandoned right-of-way of Meadowland Street reserved as public access easement per Ordinance No. 2010-3232 by the City of College Station, as described in Exhibit "A" attached hereto (such portions collectively hereinafter referred to as the "Right-of-Way"); and WHEREAS, a relocated public access easement will be granted with a proposed plat or separate instrument; and WHEREAS, in order for the Easement to be vacated and abandoned by the City Council of the City of College Station, Texas, the City Council must make certain affirmative findings; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That after opening and closing a public hearing, the City Council finds the following pertaining to the vacating and abandoning of the Right-of-Way in the manner and as described in Exhibit "A" attached hereto and made a part of this ordinance for all purposes. L Abandonment of the easement will not result in prope1ty that does not have access to public roadways or utilities; 2. There is no public need or use for the Easement; 3. There is no anticipated future public need or use for the Easement; ORDINANCENO. 2012-342/ Page 2 PART2: 4. Abandonment of the Easement will not impact access for all public utilities to serve current and future customers; · That the 0.34 acre public access easement described above and in Exhibit "A' attached hereto, be abandoned and vacated by the City. PASSED, ADOPTED and APPROVED this 2-f~ day of Jwu._,,. '2012. APPROVED: ATTEST: APPROVED: ~ll~@/)U City Attorney f ' • METES AND BOUNDS DESCRIPTION OFA 0.34 ACRE TRACT MEADOWLAND STREET COLLEGE STATION, BRAZOS COUNTY, TEXAS METES AND BOUNDS DESCRIPTION OF AIL THAT CERTAIN TRACT OF LAND LYING AND BEING SITUATED IN COLLEGE STATION, BRAZOS COUNTY, TEXAS. SAID TRACT BEING A PORTION OF THE ABAl\1DONED RIGHT-OF-WAY OF MEADOWLAND STREET (30' R.O.W.) RESERVED AS A PUBLIC ACCESS ANDPUBLIClITILlTYEASEMENTPERORDINANCENO. 2010-3232BYTHECITYOFCOILEGESTATION. SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINI\'ING AT A 5/8 INCH IRON ROD FOUND ON THE NORTHWEST LINE OF UNNERSTTY DRIVE (FM 60) MARKING THE SOUTH CORNER OF A CALLED 4.82 ACRE TRACT DESCRIBED AS TRACT 1 BY A DEED TO WOODRIDGE COLLEGE STATION I, LLC, RECORDED IN VOLUME 10242, PAGE 254 OF THE OF.FlCIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS; THENCE: S 41" 38' 43" W ALONG THE NORTHWEST LINE OF UNIVERSITY DRIVE FOR A DISTANCE OF 30.00 FEET TO THE EAST CORNER OF LOT 3, MEADOWLAND ADDITION, ACCORDING TO THE PLAT RECORDED IN VOLUME 94, PAGE 278 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS; THENCE: N 48° 22' 42" W ALONG THE SOUTffiVESTLINE OF MEADOWLAND STREET FOR A DISTANCE OF 103 .65 FEET TO A Y. INCH IRON ROD FOUND MARKING THE EAST CORNER OF A CALLED 0.105 ACRE TRACT DESCRIBED AS TRACT 2 BY SAID DEED TO WOODRIDGE COLLEGE STATION I, ILC; THENCE: N 48° 19' 30'' W CONTINUING ALONG THE SOlITHWEST LINE OF MEADOWLAND STREET FOR ADISTANCEOF71.35FEETTOAN"X"FOUNDINCONCRETEMARKINGTHENORTBCORNEROFSAID 0.105 ACRE TRACT; THENCE: N 48° 21' 17" W CONTINUING ALONG THE SOUTHWEST LJNE OF MEADOWLAND STREET FOR A DISTANCE OF 49.71 FEET TO AN"X" FOUND IN CONCRETE MARKING THE COMMON CORNER OF LOT 5 Al\1D LOT 6, MEADOWLAND ADDITION; THENCE: N 49°15'33"WCONTINUINGALONGTHESOUTHWESTLINEOFMEADOWLANDSTREET FOR A DISTANCE OF 306.06 FEET TO TI-IE MOST WESTERLY CORNER OF TIUS HEREIN DESCRIBED TRACT; THENCE: N 41° 28' 38" E THROUGH .MEADOWLAND STREET FOR A DISTANCE OF 28.57 FEET TO A 5/8 INCH IRON ROD FOUND MARKING THE EAST CORNER OF nm AFOREMENTIONED 4.82 ACRE TRACT; THENCE: S 49° 01' 50" E ALONG THE NORTHEAST LINE OF MEADOWLAND STREETFORADISTANCEOF 530.85 FEET TO THE POINT OF BEGINNING CONTAINING 0.34 OF AN ACRE OF LAND, MORE OF LESS, AS SURVEYED ON TIIE GROUND. BEARING SYSTEM SHOWN HEREIN IS BASED ON GRID NOR.TI-I AS ESTABLISHED FROM GPS OBSERVATION. BRAD KERR REGISTERED PROFESSIONAL LAND SURVEYOR No. 4502 D:/WORKJMAB/12-153-2.MAB !XHJBIT A 12 / / / / / / / 11 2..297 l\CRC: TAACT WOOORIDGE COi.LEGE STATION ln,LlC 10243/2~ / / / / / / / / / / 8 / .Jo6' ·06', / / / / / 7 BEARlNG SYSTEM SHOWN HEREON IS BASED ON GRID NORTH >S ESTABLISHED FROM GPS OBSERVATION. stE METES ANO BOUNDS PREPARED MARCH 2012 FOR MORE DESCRIPTIVE INFORMATION. SURVEY PLAT OF A 0.34 ACRE TRACT / / / / / / / PORTION OF MEADOWLAND STREET ABANDONED RIGHT-OF-WAY COLLEGE STATION, BRAZOS COUNTY TEXAS ~ SCALE: 1 INCH -60 FEET 1-f It SURVEY DATE: AA\ lk C PLAT DATE: 03-27-12 JOB NUMBER: 12-153 1----'---' CAO NAME: 12-153 CRS AL£: 11-704 PREPARED BY: KERR SURVE'l'lNG, ll.C 409 I'!. TEXAS AVENUE BRYAN. TEXAS nao.3 PHONE (079) 26!!-3105 4.82 ACRE TRACT WOODRIDGE COLl.EGE STATION I, LLC TRACT 1, 10242/254 LOTS 1, 2, 4 AND PORTION LOT 5 MEADOWLAND ADDmON M8 /.CRE TRACT WOODRIDGE COLI.EGE STATION il,LLC TAACT 1WO. 102-4-3/71 + SCALE: 1 " = 60' ~~'-----s 41"38'43" w 30.00' •• ORDINANCE NO. 2!>12-.3 l/22, AN ORDINANCE MAKING CERTAIN AFFIRMATIVE FINDINGS AND VACATING AND ABANDONING A 484.5 SQUARE FOOT PUBLIC UTILITY EASEMENT, A 7,177 SQUARE FOOT PUBLIC UTILITY EASEMENT A 0.59 ACRE PUBLIC UTILITY EASEMENT, AND A 3,456 SQUARE FOOT PUBLIC UTILITY EASEMENT LOCATED AT 100 MEADOWLAND STREET BETWEEN HENSEL STREET AND UNIVERSITY DRIVE. WHEREAS, the City of College Station, Texas, has received an application for the vacation and abandonment of a 484.5 square foot public utility easement, a 7, 177 square foot public utility easement, a 0.59 acre public utility easement, and a 3,456 square foot public utility easement located at 100 Meadowland Street between Hensel Street and University Drive. The 484.5 square foot and 7,177 square foot public utility easements are located on Lots 2-4, Block 1 and Lots 3-10, Block 2, respectively, of the North Park Subdivision according to the plat recorded in Volume 465, Page 37 of the Deed Records of Brazos County, Texas. The 0.59 acre public utility easement is a portion of the abandoned right-of-way of Meadowland Street reserved as public utility easement per Ordinance No. 2010-3232 by the City of College Station. The 3 456 square foot public utility easement is a 20-foot wide public utility easement recorded .in Volume 1130, Page 761 of the Official Records of Brazos County Texas, and is located within the J.E. Scott League, Abstract No. 50, being a portion of the 6.584 acre tract as described by warranty deed recorded .in volume 1072, page 578 of the Official Records of Brazos County, Texas as described in Exhibit "A" attached hereto (such portions collectively hereinafter referred to as the "Public Utility Easements'')" and. WHEREAS, the Public Utility Easements described above contain public utiVities that will be removed and relocated; and WHEREAS, a temporary blanket easement exists to allow the City access to the public utilities until such as such utilities are removed and relocated; and WHEREAS, a Public Access Easement is reserved on the 0.59 acre of the abandoned right-of-way of Meadowland Street as set forth in Ordinance No. 2010-3232 and such reservation is unaffected by this ordinance herein unless otherwise abandoned; and WHEREAS, in order for the Public Utility Easements to be vacated and abandoned by the City Council of the City of College Station, Texas, the City Council must make certain affirmative findings; now therefore, ORDINANCE NO. 2/J/2r 31.f.22 Page 2 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That after opening and closing a public hearing, the City Council finds the following pertaining to the vacating and abandoning of the Public Utility Easements in the manner and as described in Exhibit "A" attached hereto and made a part of this ordinance for aJI purposes. I. Abandonment of the Public Utility Easements wjJJ not result in property that does not have access to public roadways or utilities; 2. Other than a'i set forth herein there is no public need or use for the Public Utility Easements; 3. Except as may be provided in this ordinance, there is no anticipated future public need or use for the Public Utility Easements; 4. Abandonment of the Public Utility Easements will not impact access for all public utilities to serve current and future customers; PART 2: That the Public Utility Easements described above and in Exhibit "A" attached hereto, be abandoned and vacated by the City. PASSED, ADOPTED and APPROVED this 2_g-k. day of Ju..tl!....! '2012. APPROVED: A1TEST: APPROVED: Cu/ail~~ City Attorney 0 METES AND BOUNDS DESCRIPTION OFA 5' UTJJJrrv EASEMENT NORTH PARK COLLEGE STATION, BRAZOS COUNTY, TEXAS METES AND BOUNDS DESCRIPTION OF A 5.00 FOOT WIDE UTlLITY EASE.\1ENT LYING AND BEING SITUATED JN COLLEGE STATION, BRAZOS COUNTY, TEXAS. SAID EASEMENT BEING A PORTION OF LOTS 2, 3 AND 4, BLOCK 1, NORTH PARK, AS REFLECTED ON THE PLAT RECORDED IN VOLUME 465, PAGE 37 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS. SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGlNNING AT A~ INCHJRONROD FOUND ON THE NORTHEAST LINE OF MEADOWLAND STREET(40' R.O.W.) MARKING THE SOUTH CORNER OF SAID LOT 4 AND THE EAST CORNER OF LOT 1, BLOCK 1, TEXIAN 1NN ADDITION, ACCORDING TO THE PLAT RECORDED IN VOLUME 726, PAGE 201 OF Tiffi OFFICIAL RECORDS OF BRAZOS COUNTY, TEXAS; THENCE: N 49° 08' 09" W ALONG THE NORTHEAST LINE OF MEADOWLAND STREET FORA DISTANCE OF 86.65 FEET TO THE BEGINNING OF A CLOCKWISE CURVE HA YING A RADIUS OF 25.00 FEET; THENCE: ALONGSAIDCURVETI:IROUGHACENTRALA.t"fGLEOF36°52'12"FORANARCDlSTANCEOF 16.09FEET(CHORD BEARS: N30° 42' 03" W-15.81 FERD TO THENORTHEASTLINEOFSAIDEASEMENT; THENCE: S 49° 08' 09" E TIIB.OUGH SAID LOTS 2, 3 AND 4 AND ALONG THE NORTHEAST LINE OF SAID EASEMENT, 5.00 FEET FROM AND PARALLh'L TO THE NORTHEAST LINE OF MEADOWLAND STREET, FOR A DISTANCE OF 101.71 FEET TO THE COMMON LINE OF SAID LOT 4 AND TEXIAN INN ADDITION; THENCE: S 41° 29' 01" W ALONG SAID COMMONLINEFORADISTANCE OF 5.00 FEETTOTHEPOINTOF BEGL.'INING CONTAINING 484.5 SQUARE FEET OF LAND, MO . OR LESS. BEARING SYSTEM SHOWN HEREIN IS BASED ON GRID NORTii: AS ESTABLISHED FROM OBSERVATION. SEE PLAT PREPARED MAY 2012 FOR MORE DESCRIPTIVE INFORMATION. BRAD KERR REGISTERED PROFESSIONAL LAND SURVEYOR No. 4502 D:/WORKJMAB/12-254B2.MAB EXHIBtTA "METES AND BOUNDS DESCRIPTION OFA UTILITY EASEMENT NORTH PARK COLLEGE STATION, BRAZOS COUNTY, TEXAS METES AND BOUNDS DESCRIPTION OF A UTILITY EASillvIENT LYING AND BEING SITUATED .IN COLLEGE STATION, BRAZOS COUNTY, TEXAS. SAID EASEMENT BEING A PORTION OF LOTS 3-10, BLOCK 2, NORTH PARK, AS REFLECTED ON THE PLAT RECORDED IN VOLUME 465, PAGE 37 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS. SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A Y2INCHIRON ROD FOUND ON THE SOUTHWEST LINE OF MEADO\VLAND STREET (40' R.O.W.) MARKING THE EAST CORNER OF SAID LOT 10, SAID IRON ROD FOUND BEING ON THE NORTHWEST LINE OF LOT 19, MEADOWLAND ADDlTION, ACCORDING TO THE PLAT RECORDED IN VOLUME 94 PAGE 278 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS; THENCE: S 41° 26' 44" W ALONG TIIE COMMON LINE OF SAID LOT 10 AND SAID LOT 19 FOR A DISTANCE OF 5.00 FEET; THENCE: N 48° 51' 33" W THROUGH SAID LOT 10 AND ALONG TIIE SOUTHWEST LINE OF SAID EASEMENT, 5.00 FEET FROM AND PARALLEL TO THE SOUTHWEST LINE OF MEADOWLAND STREET, FOR A DISTANCE Of' 46. 92 FEET TO THE COMMON LINE OF SAID LOT 10 AND LOT 9; TH.ENCE: N 49° 08' 39" W THROUGH SAID LOT 9 AND ALONG THE SOUTHWEST LINE OF SAID EASEMENT, 5.00 FEET FROM AND PARALLEL TO THE SOUTHWEST LINE OF MEADOWLAND STREET, FOR A DISTANCE OF 63.24 FEET; THENCE: S 41 ° 25' 11" W CONTINUING THROUGH SAID LOT 9 AND ALONG A SOUTHEAST LINE OF SAID EASEMENT, 5.00 FEET FROM AND PARALLEL TO THE COMMON LINE OF SAID LOT 9 AND LOTS 7 AND 8, FOR A DISTANCE OF 151.52 FEET TO THE COMMON LINE OF SAID BLOCK 2 AND A TRACT OF LAND CURRENTLY OWNED BY THE TEXAS A&M UNIVERSITY SYSTEM, FOR REFERENCE A YzINCHIRONROD FOUND ON TiiE NORTHWEST LINE OF UNIVERSITY DIUVE MARKING TIIE COMMON CORNER OF SAID TEXAS A&M TRACT AND MEADOWLAND ADDITION BEARS: S 49° 04' 31" E FOR A DISTANCE OF l 032.59 FEET; THENCE: N 49° 04' 31" W ALONG TiiE COMMON LINE OF SAID BLOCK 2 AND SAID TEXAS A&M TRACT FOR A DISTANCE OF 15.00 FEET; THENCE: N 41 ~ 25' 11" E TI:IROUGH SAID LOTS 8 AND 7 AND ALONG A NORTHWEST LINE OF SAID EASEMENT, 10.00 FEET FROM AND PARALLEL TO THE COMMON LINE OF SAID LOTS 7, 8 AND 9, FORA DIST ANCB OF 151 .50 FEET; THENCE: N 49° 08' 39'' W THROUGH SAID LOT 7 AND ALONG THE SOUTHWEST LINE OF SAID EASEMENT, 5.00 FEET FROM AND PARALLEL TO THE SOlITHW'EST LINE OF MEADOWLAND STREET, FORA DISTANCE OF 37.55 FEET; THENCE: N 49° 08' 04" W CONTINUING Tlffi..OUGH SAID LOT 7 AND ALONG TIIE SOUTHWEST LJNE OF SAID EASEMENT, 5.00 FEET FROM AND PARALLEL TO Tiffi SOUTHWEST LINE OF MEADOWLAND STREET, FOR A DISTANCE OF 39.33 FEET TO THE COMMON LINE OF SAID LOT 8 Al\TD SAID LOT 6; THENCE: N 49° 12' 26" W TI-IROUGH SAID LOTS 6 AND 5 AND ALONG TilE SOUTHWEST LINE OF SAID EASEMENT, 5.00 FEET FROM AND PARALLEL TO THE SOUTH\VEST L1NE OF MEADOWLAND STREET, FORA DISTANCE OF 76.81 FEET; THENCE: S 41c37' 53" W CONTINUING THROUGH SAID LOTS 5 AND 6 AND ALONG A SOUTHEAST LINE OF SAID EASEMENT, l0.00 FEET FROM AND PARALLEL TO THE COMMON LINE OI< SAID LOTS S AND 6 AND LOTS 3 AND 4, FOR A DIST A."l\/CE OF 151.24 FEET TO THE COMMON LINE OF SAID BLOCK 2 AND SAID TEXAS A&M TRACT; THENCE: N 49° 04' 31" W ALONG THE COlv1MON LINE OF SAID BLOCK 2 AND SAID TEXAS A&MTRACT FOR A DIST A_'N'CE OF 20.00 FEET; THENCE: N 41° 37' 53" E THROUGH SAID LOTS 4 AND 3 AND ALONG A NORTHWEST LINE OF SAID BASEMENT, 10.00 FEET FROM AND PARALLEL TO THE COMMON LINE OF SAID LOTS 5 AND 6 AND LOTS 3 AND 4, FOR A DISTANCE OF 151.23 FEET; THENCE: N 49° 02' 57" W THROUGH SAID LOTS 3 AND 4 AND ALONG TilE SOUTHWEST LINE OF SAID EASEMENT, 5.00 FEET FROM AND PARALLEL TO THE SOUTHWEST LINE OF MEADOWLAND STREET, FOR A DISTANCE OF 77.18 FEET TO THE COMMON LINE OF SAID LOT 4 AND LOT 2, BLOCK 2, FOR REFERENCE A 'h INCH IRON ROD FOUND ON THE COMMON LINE OF SAID BLOCK 2 AND SAID TEXAS A&M TRACT MARKING THE WEST CORNER OF SAID LOT 4 BEARS: S 41° 19' 32" WFOR A DISTANCE OF 151.25 FEET; THENCE: N 41° 19' 32" E ALONG TilE CO:MMON LINE OF SAID LOT 4 AND SAID LOT 2 FOR A DISTANCE OF 5.00 FEET TO THE SOUTHWEST LINE OF MEADOWLAND STREET; THENCE: ALONG THE SOUTH\.\'EST LINE OF MEADOWLAND STREET FOR THE FOLLOWING CALLS: S 49° 02' 57" E FOR A DISTANCE OF 87.20 FEET TO A 'h INCH IRON ROD FOUND; S 49° 12'26" EFORADISTANCE OF 86.75 FEET; S 49° 08' 04" E FOR A DISTANCE OF 39.34 FEET; S 49° 08' 39" E FOR A DISTANCE OF 115.80 FEET TO A \-s INCH IRON ROD FOUND; S 48° 51' 33• E FOR A DISTANCE OF 46.95 FEET TO THE POINT OF BEGINNING CONTAINING 7177 SQUARE FEET (0.16 OF AN ACRE) OF LAND, MORE OR LESS. BEARING SYSTEM SHOWN HEREIN IS BASED ON GRID NORTH AS ESTABLISHED FROM GPS OBSERVATION. SEE PLAT PREP A.RED MAY 2012 FOR MORE DESCRIPTIVE INFORMA N. BRAD KERR REGISTERED PROFESSIONAL LAND SURVEYOR No. 4502 D:/WORK/MAB/l2-254Bl.MAB 2 / / / LOT 4- BLOCK 2 SCALE: 1 " = 50' SEE METES AND BOUNDS PREPARED MAY 2012 FOR MORE DESCRIPTIVE INFORMATION. BEAR1NG SYSTEM SHOWN HEREON IS BASED ON GRID NORTH AS ESTABLISHED FROM OPS OBSERVATION. LOT 3 BLOCK 1 NORTH PARK/ SURVEY PLAT OF 2 EASEMENT AREAS NORTH PARK VOLUME 465, PAGE 37 COLLE;GE STATION, BRAZOS COUNTY SCALE: 1 INCH -50 FEET SURVEY DATE: JAN. 2012 PLAT DATE: 05-07-12 JOB NUMBER: 12-254 CAO NAME: 12-254-8 CRS FILE: 11-704- PREPAREO BY: KERR SURVEYING, LLC 409 N. lEXAS AVENUE BRYAN, TEXAS 77803 PHONE (979) 268-3195 LOT 1, BLOCK 1 TEXIAN INN ADDITION , PLAT 726/201 . / / / LOT 9 BLOCK 2 LOT 10 BLOCK 2 / / / TEXAS / / / / 18 METES AND BOUNDS DESCRIPTION OFA 0.59 ACRE TRACT MEADOWLAND STREET COLLEGESTATION,BRAZOSCOUNTY,TEXAS METES AND BOUNDS DESCRIPTION OF ALL TIIAT CERTAIN TRACT OF LAND LYING AND BEING SITUATED IN COLLEGE STATION, BRAZOS COUNTY, TEXAS. SAID TRACT BEING A PORTION OF THE ABANDONED RIGHI-OF-WAY OF MEADOWLAND STREET (30'-40' RO.W.) RESERVED AS A PUBLIC ACCESS AND PUBLIC UTILITY EASEMENT PER ORDINANCE NO. 2010-3232 BY THE CITY OF COllEGE STATION. SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A 5/8 INCH IR.ON ROD FOUND ON THE NORTHWEST LINE OF UNIVERSITY DRIVE (FM 60) MARKING THE SOUTH CORNER OF A CALLED 4.82 ACRE TRACT DESCRIBED AS TRACT I BY A DEED TO WOODRIDGE COLLEGE STATION I, LLC, RECORDED IN VOLUME 10242, PAGE 254 OF THE OF.FIClAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS; THENCE: S 41° 38' 43'' W ALONG THE NORTHWEST LINE OF UNIVERSITY DRIVE FOR A DISTANCE OF 30.00 FEET TO THE EAST COIU\'ER OF LOT 3, MEADOWLAND ADDITION, ACCORDING TO THE PLAT RECORDED IN VOLUME 94, PAGE 278 OF TI::lE DEED RECORDS OF BRAZOS COUNTY, TEXAS; THENCE: N 48° 22' 42" W ALONG THE SOUTHWEST LINE OF MEADOWLAND STREET FOR A DISTANCE OF 103.65 FEET TO A V.INCHIRONRODFOUND MARKING THE EAST CORNER OF ACAU.ED0.105 ACRE TRACT DESCRIBED AS TRACT 2 BY SAID DEED TO WOODRIDGE COLLEGE STATION I, LLC; THENCE: N 48° 19' 30" W CONTINUING ALONG THE SOUTIIWESTLINEOFMEAD0\:\1LAND STREET FOR A DISTANCE OF 71.35 FEET TO AN "X" FOUND IN CONCRETE MARKING THE NORTH CORNER OF SAID 0.105 ACRE TRACT; THENCE: N 48° 21' 17" W CONTINUING ALONG TI::lE SOUTHWEST LINE OF MEADOWLAND STREET FOR ADISTANCEOF49.71FEETTOAN"X"FOUNDINCONCRETEMARKINGTIIECOMMONCORNEROFLOT 5 AND LOT 6, MEAD0\\.1LAND ADDITION; THENCE: N 49°15'33"WCONTINUINGALONGTHESOU11IWESTLINEOFMEADOWLANDSTREET FOR A DISTANCE OF 698.39 FEET TO TI::lE NORTH CORNER OF LOT 19, MEADOWLAND ADDITION; THENCE: S 41 ° 26' 44" W ALONG THE NORTHWEST LINE OF SAID LOT 19 FOR A DISTANCE OF 10.41 FEET TO A Y2 INCH IRON ROD FOUND MARKING THE EAST CORNER OF WT IO, BLOCK 2, NORTHPARK, ACCORDING TO TIIB PLAT RECORDED IN VOLUME 465, PAGE 37 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS; THENCE: N 48° 51' 33" W CONTINUING ALONG THE SOUTHWEST LINE OF MEADOWLAND STREET FOR A DISTANCE OF 46.95 FEET TO A Yi INCH IRON ROD FOUND MARKING THE COMMON CORNER OF SAID WT 10 AND LOT 9, BLOCK 2; THENCE: N 49° 08' 39'' W CONTINUING ALONG THE SOUTHWEST LINE OF MEADOWLAND STREET FOR A DISTANCE OF 115.80 FEET TO TI::lE MOST WESTERLY CORNER OF THIS HEREIN DESCRIBED TRACT; THENCE: N 40° 51' 56" E THROUGH MEADOWLAND STREET FOR A DISTANCE OF 40.34 FEET TO A 1/2 INCH IR.ON ROD FOUND MARKING THE WEST CORNER OF LOT 5, NORTH PARK, SECTION II; THENCE: S 49° 05' 45" E ALONG TIIB NORTHEAST Lll\1E OF MEADOWLAJl.i"'D STREET FOR A DISTANCE OF 5 LS l FEET TO THE SOUTH CORNER OF SAID LOT 5; THENCE: S40°53'23"WTHROUGHTifERJGHT-OF-WAYOFMEADOWLANDSTREETFORADISTANCE OF 15.12FEET TO TIIBAPPROXIMA1ECENTERL1NE OF SAID RIGHT-OF-WAY; THENCE: S 49° 08' 57" E THROUGH SA.ID RIGHT-OF-WAY FOR A DISTANCE OF 503.84 FEET; THENCE: N 41° 28' 38" E CONTINUING THROUGH SAID RJGHT-OF-WAYFORADISTANCE OF 14.31 FEET TO A 5/8 INCH IRON ROD FOUND MARKING THE WEST CORNER OF TIIB AFORR\1EI'..'TIONED 4.82 ACRE TRACT; THENCE: S 49° 0 l' 50" E ALONG 1HE NORTIIBAST LINE OF MEADOWLAND STREET FORADISTANCEOF 530.85 FEET TO TIIB POINT OF BEGINNING CONTAINING 0.59 OF AN ACRE OF LAND, MORE OP LESS, AS SURVEYED ON THE GROUND. BEARING SYS1EM SHOWN . REIN IS BASED ON GRID NORTH AS ESTABLISHED FROM GPS OBSERVATION. BRAD KERR REGISIBRED PROFESSIONAL LAND SURVEYOR No. 4502 D:/WORKIMAB/12-153-3.MAB 2 12 11 2.297 ACRE TRACT WOODRIOGE COLLEGE STAilON 111.U.C 10243/25 / I / 10 / / / / / / / / / / "" / ,()~i1:%. / Y~D "°'>6' "'0 / / / SEARING SYSTEM SHOWN HEREON IS BASED ON CRIO NORlli >S E'STASUSHEO FROM CPS 08SERVA110N. / / / 9 / I SEE METES AND BOUNDS PREPAAEO MARCH 2012 FOR MORE DtSCRIPTl\IE INFORMATION. PAGE 1 OF 2 SURVEY PLAT OF A 0.59 ACRE TRACT / / / 8 / / / / PORTION OF MEADOWLAND STREET ABANDONED RIGHT-OF-WAY COLLEGE STATION BRAZOS COUNTY, TEXAS ~ SCAL.£: , INCH D 60 f'EET ~ ~ SURVEY OAT£: All IA c PLAT DATE: 03-27-12 JOB NUMBER: 12-Hl3 CAO NAME: 12-153A CR5 flt£: 11-704 PREPARED BY: KERR SURVEY1NG, U.C 409 N. IDCAS A\'£NUE BRYAN. 11'XAS 77803 PHONE (979) 268-3195 / / / / 7 4.82 ACRE TRACT WOODRIDGE COLLEGE STATION I, LLC TRACT 1, 10242/254 0.105 ACl1E TRACT WOCORIOGE COi.i.EGE STATION I, LlC TRACT 2. I 0242/25+ LOTS 1, 2, 4 AND PORTION LOT 5 MEADOWLAND ADDITION 0.68 ACRE TR>.CT WOODRIDGE COLLEGE STATION 11.U.C TRACT TWO, l024J/7l SCALE: 1" 60' 19 0.62 ACRE TRACT / 41"26'44" A-I 10.41'/ / / / / WOODRIDGE COu..EGi;: STl\TiON 11,LLC TRACT ON!t 10243/7C / / / / / / / 18 / / / / / / 17 / / / / / PAGE 2 OF 2 SURVEY PLAT OF A / / / / / / 16 0.59 ACRE TRACT PORTION OF MEADOWLAND STREET ABANDONED RIGHT-OF -WAY COLLEGE STATION, BRAZOS COUNTY TEXAS ~ SCALE: 1 INCH • 60 FEET n fr '~c PLATsg~ 0~~1t-12 JOB NUMBER: 12-153 CAO NAME: 12-15.3A CR5 FILE: 11-704 PREPARED SY: KERR SURVEYING, LLC '\09 N. TEXAS AVENUE 6RYl\N, TEXAS 77803 PHONE (Q79) 268-3195 / / / / / / / / / / / / / / / / / / / / / / / 15 / / / / / LOT 2 LODGECO SUBOMSION / / / / 14 13 SCALE: 1" = 60' N/F EQI CLLEGE STATION PARTNERSHIP, LP 1.855 ACRE TRACT 7619/141 UTILITY BASEMENT (Specific Property) ll9 JUL 19 Pil 111 06 .. ·~ .. . .~30252 .· '~::: ... ~:. .. ·:~:·~' .. :! ... ~:·~--··· : KNOW ALL MEfi BY THESE PR~~~M~~ STATEOFTBXAS COUNTY OF BRAZOS § Thnt, LODGECO PR OPBRTlES, LTD., a Tell as Limited Partnership (formerly Investments, Ltd., a Tex;a5 Corporation), 11ctlng by nnd through LEONARD M. ROSS, Tnistce, a Oeneral Partner, GRANTOR, of the County of Bruzos, State of Texas, tor nnd In consideration of the payment of TEN AND N0/100 DOLLARS ($10.00), and other good and valunble conslderntlon, In hand pnld toORANTOR by the CITY OF COLLEGE STATION, TEXAS, the receipt of which Is hcroby nclrnowlcdged, /ias ORANTED, SOLD and CONVBYBDaml by these presents does GRANT, SELL and CONVEY unto the said CITY OF COLLEGE STATION, a Texos Munlclpnl Corporation, certain rights anti Interests in the nnturc of a perpetual ftASEMBNT on and through the foll owing described property: All that certoln 0,08 acre (3456 square fool) tract or parcel of land, lying and belng situated In the J.B. Scott League, Abstract No. SO, College Station, Brazos County, Texas, being a 20 foot wide utility casement, and being n portion out of thut anme 6.584 acre tract conveyed tram Federal Deposit Jnsurancc Corporation to lnvestments, Ltd., as dcscrlbed by deed recorded In VOLUME 1072, PAGE 578, of the Official Records ot Brazos County, Texas, more portlcularly described by metesoml bounds In BXHJDlT A which ls attached hcrcto and incorporated by reference herein, To erect, construct, lnstnll, and lhcrcnfter use, operntc, inspect, repair, ma!ntnin, reconstruct, modify, and remove the following: Electric transmission und dlstrlbution l!nes; Water lines and snnltnry sewer lines, connecting lines, access facilities, and rclnted equipment; Storm sewers nnd collection facilities; Tclcvlslon, telephone, nnd communications lines; Drnlnnge dhche~. tlra!nngc pipes and al! other drainage structures, surface and subsurface; BASBMBNT P:\D4\ROSS\EASBMENT PAGE l ' ---·······- upon, over, and across safd property us herein described and nny streets or roads abutting snme; and to cu1, trim and control the growth of trees and other vegetation on and Jn the casement area or on ndjoinlng properly of GRAN'fOR, whith might Interfere with or threaten the operation and maintenance of nny public utility equipment, ncccssorles, or opcrntlons. It is understood ond agreed tho.1 any and nil equipment nndfacll!tles placed upon said property sholl remain the property of GRANTEE. · ORANTOR expressly svbordlnotcs all rights of surface use Incident to the mlncr11l estate to the above described uses of said surface by GRANTEE, ond agrees to lender's subordinations on behalf of GRANTEE upon request. It is expressly understood that tho GRANTOR or future Owner of this properly reserves the right to use this EASEMENT for 1111 purposes which do not Interfere with or prevent it.s use by the GRANTEE. TO HAVBAND TO HOLD the rights and hit crests herein described unto the CITY OF COLLEGE STATION, TEXAS, 11nd its .successors and assigns, forever, and GRANTOR doc5 hereby bind Itself, Its successors and assigns, 10 warront and forever defend, oil ond slnguh1r, these rights and intcresls unto the CITY OF COLLEOESTATJON, TEXAS, and Its successors and assigns, against every person whomsoever lawfully claiming, or to claim some, or ony port thereof, by, through, and under ll, but 1101 otheIWise. EXECUTED Ibis tf'11dny of ,"fu. ly , 1989. APPROVED AS TO FORM. THIS DOCUMENT MAY NOT BE CHANGED Wl'tHOUT R~{!il~ FOR APPROVAL. EASEMENT P:\04\ROSS\EASEMBNT \'Oi.1130 r~~r 762 PAOB2 {ACKNOWLEDGMENT) STATBOFTEXAS § COUNTYOFDRAZOS § Before me, the undersigned authority on lhls <fay personally appeared LEONARD M. ROSS, Trustee, a General Pllrtncr of the partnctship<>f LODGECO PROPERTIES, INC., known to me to be the person whose name ls subscribed to the foregoing Instrument end acknowledged to me that the sam~ is lhe act of LODGECO PROPERTU3S, INC., n Te:r.as Limited J>orlnersblp, and that lie executed the same as 115 Oeneral Pnnner nnd ns the act of such limited pnrtnershlp and for the purposes and consideration expressed In the foregoing Instrument. Given under my hand and seal o( office on this ~ay oc ... $.._.J._/,..,ry;---~ t9s9. Dw.R4 ~ t_~ Cfl::~~;i:~.~'.~;~soN N~ Pulllic, Sme of Te~ns ~ -V·• Printed Name of Notal}' . "'1 ""'"" "'· .~"'1 :n. nri My Commission ~plre~· ,..___..~--.. -~ ._ ____ _ EASEMENT P:\D4\ROSS\EASEMBNT PAOE3 .. "•: --·-···-..·-··. -,, _____ ,... -"'---'--·-----':-·---·-·-.. , Ell.HIBlT A 'HI.TH AND IOUNlll DUCllttlOH or 1. Q,Of ACU (34~6 IQ\1111 100'1') t.u.et C4 ao• w101 um,tn a.awa.lf1'> J. •· aeon wcua, .utll4et 110. Jo COU.lC:t ttA'tlOll, ~01 coi.m, '%UA.9 Metes •n4 bound• ducr.lptlo11 ot all tllat cait1tn 0.08 aC:re (H.56 •quan foe\) kr•ot or.»•rc•l of 111141 11tn1 ana ••1.,. alcuac•4 'n cha J, i. $cott I.hut, -4'\•t"racf''.-~"JO';' C6llt1• •tatl.011, aruo1 c;o11at)', tex.ea1 INiq e 2Q 'f()Ot· vide ucUhr uauant, a11d bains 11 pouion ~11t o~ tllat ana 6,H4 &CH tott ecnve7td tro1 7•d•ral D•pod t lllauranct Corpout1011 co l11vut .. 11t1, 1.td., •• d.••c:r!ll~d \oy dud r•cotded tr. VOL\JHE 10?~1 rAGt $~111 of d11 Offlctal a.cord• of )ruot Count)', Ttua, tdd o.os tcrt tuct \oat11s aore particularly d.uc:rthd u tollo1111 COHHEllCINQ It II l" dhll4tfr 4rl.l1 hole b. C:OllCUt• lltll tound riacUos tllt •o•t 1iDut'h1ni au~ corntr of utd 6.~U acrt tuct 111d l1hs t11 t'he llOrtllvOt ri•h~·of-Vt)' J.'llt Of tlll1'V1Ultf llriVt1 !!ID!.£!. S .450 13' H" II for • d1et1occ 0£ ~4.~) hu vlth 1110 r1sht~of-v1y liu to • pohtt for chi l'LlCli 01 llEOJ!!J!ll!Y, . ll!!S s .uo 13' 5611 w tor a dhta11ee of 21.es fut 11tt1t. 1.td rtcht•of-v•Y Hn1 to a pol.at for co~r. Tiii!i;Ci II 21" 08' 4611 Ii for f. dht.la~t of 151.53 fut 1cron utd ~.564 •ere tract to• point for a11c1e, uid pot\lt bd111 tn tllt 111U of n ntnhls nrutt11n. '.f111!:»C!. II uo 111' 011' £ hr • dhunn ot 4,U fut vlth H:l.4 \1&11 Hoa to ... ~r .. ~ a.pc~~c, #.or , c~~~f;,_ ..... a., ...... , ... • ~ -4 I • .. • . . . Tflljrrt II uo 41' ·)911 11 tor e dhtan~a of U.27 f18t witll Hid vall Hilt to • point or •llSl•, TK?:NCE 11 2111 oa• 46" w for a clhtance of 14.16 fHt acrou ul.d 6.584 acre tuct't'O"'&pol.ct tor corner. 'l'll'!!ICI! 11 &e" 'I' 1411 ! tor a dLtunct of 20.00 fut u a ;iol11t to: oorn•r• "rlltNCf: 9 2111 O•' O" I for 1 •htuce of l6f,83 hU .crou u14 trao~ co th• ti.ACE gug1~i;t110, •nd c:onuf.111.111 o.oa acru (UU equ•t• hn) ot hnd., aorit'"Orr1u, J11n1 US9 , ~G~ 1130rA~! 764 4.82 ACRE TRACT WOODRIDGE COLLEGE STATION I, LLC TRACT 1, 10242/254 0.105 ACRE TRACT WOOOR!OGE CCUEOE STA110N I, U.C TRACT 2. 10242/25-1- LOTS 1 , 2, 4 AND PORTION LITT 5 MEADOWLAND ADDITION 0.88 JCFfE. TIW:T WOODRIDGE COUEGE STATION 11,llC TAACT 1WO, 102<13/71 8 iii w :z ::l :r u ~ SCALE: 1" = 60' TRACT 2 UTIUTY EASEMENT 1130/761 s 41'42'35" w 30.00' SHEET 1 OF 3 SURVEY PLAT OF 2 EASEMENT AREAS 'Y:' FOUND IN CONCREIT J. E. SCOTT LEAGUE, A-50 COLLEGE STATION BRAZOS COUNTY TEXAS ~ SC/\l..E: 1 INCH • 60 FEET 'f.:r ~ SURVEY DATE: JAN. 2012 All IA c PLAT DATE: 05-:08-12 JOB NUMBER: 12-254 t----'----' CAO NAME: 12-254A CRS FILE: 11-704 PREPARED BY: KERR S\JRVE:YlNG, LLC 409 N. TEXAS AVENUE BRYAN, TEXAS 77803 PHONE (979) 268-3195 11.U.C / / / / / / 17 / / / / / / / 16 / / / / / / / / 15 / / / / / . "' / / / / _L / .L / 14 ! / --/ / / / / / / / / / / / / ~~ -1<{!.~ v17~ / / / / / / / / / ~-?­S'"s ~ SHEET 2 OF 3 SURVEY PLAT OF 2 EASEMENT AREAS J. E. SCOTT LEAGUE, A-50 COLLEGE STATION, BRAZOS COUNTY, TEXAS 13 / / / 1' ir,9. "s· ..t..t. / / / 12 /"' / / I / N/F EQI CU.EGE STATION PARTNERSHIP, lP 1 .855 ACRE TRACT 7619/141 / / / / 11 10 / / / / / A~'/ 9 / ~'9. :tft... / ~~o / / 6' -1co~0 / / ~ / / / / / 8 El ti w z :::; /r / / / / / / / / / // 7 I / / / + : ~SCALE: 1" = 60' I I I i ; ~ i l ; · -4'A.~, I I efdQF ,~ I -~~,l(,;o•••••·,t2..J ' lr<~t·~0\sri::~~o1 ~\ £!-C-;y< q_-,.,,g.,,. O"o'f' ~ t' P-'l. " {\~\ ;_~' ~~;.:.>!-~:1.;;::;i~ulle>;.•,,ocvc-..-:ia"'~ ·.~i· 8RAD KEPiA '}}1 .. l', :,.·:.l')Ot..'!4-~0:;:J~'V>::.:Jlil'(i/ ',\~~ .,,~ ·~i-~ 4502 .. ~.f~~~' ~-7~;.;i.~E' 5\0'$·:0,,; \" ~.:'i/ )')u<-c.~~&~t»,:;:."-.. J}I ''~~' SUR\!.~ "~P"' 4.82 ACRE TRACT WOODRIDGE COLLEGE STATION I, I.LC TRACT 1, 10242/25+ 6 \Yv? ?;. "; ,.~z... J.,· '-1, -~\'/ 2 PARK / SHEET 2 OF 3 SURVEY PLAT OF 2 EASEMENT AREAS J. E. SCOTT LEAGUE, A-50 COLLEGE STATION, BRAZOS COUNTY, TEXAS LOT i , BLOCK 1 TEXIAN INN AODlllON PLAT 726/201 / / / / / / SCALE: 1" = 60' 17 / / / / / / 16 / / / / / / / / / / / 15 / / / / / / ORDINANCE NO. 2010-3232 AN ORDINANCE MAKING CERTAIN AFFIRMATlVE FfNDJNGS AND VACATING AND ABANDO ING A PORTION OF RIGHT OF WAY OF MEADOWLAND STREET LOCATED f THE CITY OF COLLEGE STATIO , TEXAS. WHEREAS, the City of College Station, Texas, has received an application for the vacation and abandonment of a portion of the Meadowland Street variable width right-of-way, located more or less along Lots 1 through 19 of the Meadowland Addition & Lots 4 through l 0, Block 2 of the North Park Subdivision, according to the Plats recorded in Volume 94, Page 278, and in Volume 465, Page 37, of the Official Records of Brazos Cow1ty, Texas, a described in Exhibit "A" attached hereto (such portions collectively hereinafter referred to as the "Right-of-way"); and WHEREAS, in order for the Right-of-way to be vacated and abandoned by the City Council of the City of College Station, Texas, the City Council must make certain affirmative findings; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That after opening and closing a public hearing, the City Council find the following pertainfog to the vacating and abandoni.ng of the Right-of-way in the manner and as described in Exhibit "A'' attached hereto and made a patt of this ordinance for all purposes. I. The abandonment of the Right-of-way will not result in property that does not have access to public roadways or utilities; 2. Other than as set forth herein, there is no public need or use for the Right-of- way; 3. Except as may be provided for in this ordinance, there is no anticipated foture public need or use for the Right-of-way; 4. As set forth in this ordinance, abandom11ent of the Right-of-way will not impact access for all public utilities to serve current and future customers; 5. Utility infrastructure exists \Vithin the Right-of-way and the City has a continuing need for currently existing public utilities to remain within the Right-of-way, and said uses are expressly not abandoned herein; and 6. The City has a continuing need for public access within the Right-of-way to platted lots, and for emergency access and sanitation purposes and such continuing needs are expressly not abandoned; and ORDINANCE NO. 2010-3232 Page2 PART2: 7. The Right-of-Way is hereby abandoned as a public roadway and is no longer thrown open to the general public but is only for the public purposes recited herein and is in all other respects hereby abandoned. That the Right-of-way known as Meadowland Street and as described in Exhibit "A" be abandoned and vacated by the City for roadway purposes; provided, however, that the City shall retain a public utility easement and public access easement on the area to be abandoned as set forth above, and the City does not abandon such uses. PASSED, ADOPTED and APPROVED this 28th day of -..J:iJJm, .... ar....,y,__ __ , 2010. APPROVED: Mayor AITEST: Ordinance No. 2010-3232 MEADOWLAND STREET METES AND BOUNDS DESCRIPTION OFA 0.85 ACRE TRACT J . E. SCO'IT LEAGUE A-50 COLLEGE STATION, BRAZOS COU TY TEXAS METES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SJTUATED JN THE J. E. SCOTT LEAGUE, ABSTRACT NO. 50, COLLEGE STATION, BRAZOS COUNTY, TEXAS. SATD TRACT BEfNG A PORTION OF THE EXlSTING RIGHT-OF-WAY OF MEADOWLAND STREET (30 FOOT TO 40 FOOT WIDE RIGHT-OF-WAY) ACCORDING TO A PLAT OF MEADOWLAND ADDITION RECORDED IN VOLUME 94, PAGE 278 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS, AND A PLAT OF NORTH PARK RECORDED IN VOLUME 465, PAGE 37 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS. SAlD TRACT BEJNG MORE PARTICULARLY DESCRIBED BY J\11ETES AND BOUNDS AS FOLLOWS: BEGINNING AT A 5/8 INCH IRON ROD FOUND ON THE NORTHWEST LINE OF UNIVERSITY DRIVE (FM 60) MARKING TIIE SOUTII CORNER OF A CALLED 4.65 ACRE TRACT AS DESCRIBED BY A DEED TO CHSC, LTD. RECORDED IN VOLUME 8917, PAGE 44 OF THE OFIClAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, SATD POINT BEING AT THE INTERSECTJON OF THE NORTHEAST LINE OF MEADOWLAND STREET AND THE NORTHWEST LINE OF UNIVERSITY DRJVE; THENCE: S 41°39'11" WALONG1HENOR1HW'ESTLINE OFUNIVERSITY DRIVE PORA DISTANCE OF 30.00 FEET TO A POINT MARKING THE EAST CORNER OF A CALLED TRACT OF LAND AS DESCRIBED BY A DEED TO 7-D INVESTMENTS RECORDED IN VOLUME 1601, PAGE 138 OF THE OFFICJAI. PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS; THENCE: N 48° 22' 15" WALONG THE SOUTHWEST LTNE OF MEADOWLAND STREET FOR A DISTANCE OF 103.65 FEET TO A Yz INCH IRON ROD FOUND MARKING THE NOR1H CORNER OF SAID 7-D INVESTMENTS TRACT AND THE EAST CORNER OF A CALLED TRACT OF LAND AS DESCRIBED BY A DEED TO LEONARD M. ROSS REVOCABLE TRUST RECORDED IN VOLUME 7564, PAGE 208 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNlY, TEXAS SAID 7-D INVESTMENTS TRACT BEING A PORTION OF LOT 3, MEADOWLAND ADDITION, AND SAID ROSS TRACT BEING A PORTION OF LOTS 3 AND 5, MEADOWLAND ADDITION; THENCE: N 48° 19' 02" W ALONG THE NORTI:IEAST LINE OF SAID ROSS TRACT, SAME BEING THE SOUTHWEST LINE OF MEADOWLAND STREET, FOR A DISTANCE OF 71.35 FEET TO A "X" FOUND IN CONCRETE MARKING THE NORTH CORNER OF SAID ROSS TRACT A DAN EASTERLY 'ORNER OF A CALLED TRACT OF LAND AS DESCIUBED BY A DEED TO ROSSCO HOLDINGS INC. RECORDED IN VOLUME 6173, PAGE 128 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, SAID ROSSCO TRACT BEING ALL OF LOTS 1, 2 AND 4 AND A PORTION OF LOT 5, MEADOWLAND ADDITION; THENCE: N 48° 20' 49" W CONTINUING ALONG THE SOUTHWEST LINE OF MEADOWLAND STREET FOR A DISTANCE OF 49.71 FEET TO AN "X" FOUND IN CONCRETE MARKING THE EAST CORNER OF LOT 6, MEADOWLAND ADDITION; THENCE: N 49° 15' 05" W CONTINUING ALONG THE SOUTHWEST LINE OF MEADOWLAND STREET, SAME BEING THE NORTHEAST LlNE OF LOTS 6-19, MEADOWLAND ADDITION, FOR A DISTANCE OF 698.39 FEET TO A MAG NAIL FOUND IN ASPHALT MARKING THE NORTH CORNER OF SAID LOT 19; THENCE: S 41° 27' I l" W ALONG THE NORTHWEST LINE OF SAID LOT 19, SAME BEING A TRANSITION IN THE RIGHT-OF-WAY OF MEADOWLAND STREET, FOR A DISTANCE OF 10.41 FEET TO A Yz INCH IRON ROD FOUND MARKING THE EAST CORNER OF LOT 10, BLOCK 2, NORTH PARK (PLAT 465/37); EXHIBIT A-Abandonment Limits Paqe 1 of 4 Ordinance No. 2010-3232 MEADOWLAND Sm.BET THENCE: ALONG THE SOUTHWEST LINE OF MEADOWLAND srn.EET, SAME BEING THE NORTHEAST LINE OF SAID BLOCK 2, NORTH PARK, FOR THE FOLLOWING CALLS: N 48° 51' 05" W FOR A DISTANCE OF 46.95 FEET TO A Y, I NCH IRON ROD FOUND MARKJNG THE COMMON CORNER OF SAfD LOT J 0 AND LOT 9· N 49° 07' 37" W FOR A DISTANCE OF l 15.80 FEET TO A POINT ON THE NORTHEAST LINE OF LOT 7, BLOCK 2; THENCE:N 40° 52'23"E THROUGH THEIUGHT-OF-WAY OF MEADOWLAND STREET FOR A DISTANCE OF 20.16 FEET TO A POINT; THENCE: N 49° 10' 43" W CONTINU1NG THROUGH TIIBRIGHT-OF-WA Y OF MEADO\VLAND STREET FOR A DISTANCE OP 199.93 FEET TO A POINT; THENCE: N 40° 57' 30" E CONTINUING THROUGH THE RIGHT-OF-WAY OF MEADOWLAND STREET FOR A DISTANCE OF 20.00 FEET TO A \4 INCH IRON ROD FOUND MARK1NG THE WEST CORNER OF TEXIAN INN ADDITJON, ACCORDING TO THE PLAT RECORDED IN VOLUME 726, PAGE 20 .l OF THE OFFICIAL RECORDS OF BRAZOS COUNTY, TEXAS, THENCE: S 49° 13' 29" E ALONG THE NORTHEAST LINE OF MEADOWLAND STREET FOR A DISTSANCE OF 199.91 FEET TO A Y:z INCH IRON ROD FOUND MARKING THE SOUTH CORNER OF TEXTAN INN ADDITION AND THE WEST CORNER OF LOT 5, NORTH PARK, SECTION ll, ACCORDING TO THE PLAT RECORDED IN VOLUME 494, PAGE 543 OF THE DEED .RECORDS OF BRAZOS COUNTY, TEXAS; THENCE: S 49° 05' 18" E ALONG THE NORTHEAST LJNE OF MEADOWLAND STREET, SAME BEING TifE SOUTHWEST LINE OF NORTH PARK, SECTION II, FOR A DISTANCE OF 255.29 FEET TO A 5/8 INCH IRON ROD FOUND MARKTNG THE WEST CORNER OF LOT 2, LODGECO SUBDrVISlON, ACCORDING TO THE PLAT RECORDED IN VOLUME 1996, PAGE 33 J OP THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS; THENCE: S 49° 0 I' 23" E CONTINUING ALONG THE NORTHEAST LINE OF MEADO\V1,AND STREET FORA DISTANCE OF 300. l 9 FEET TO A 5/8 INCH IRON ROD FOUND MARKJNG THE SOUTH CORNER OF A CALLED 1.855 ACRE TRACT AS DESCRIBED BY A DEED TO EQI COLLEGE STA"DON PARTNERSHIP, LP RECORDED IN VOLUME 7619, PAGE 141 OF THE OFFICIAL PUBLTC RECORDS OF BRAZOS COUNTY, TEXAS, AND THE WEST CORNER OF THE AFOREMENTIONED 4.65 ACRE TRACT; THENCE: S 49° 01' 23'' E ALONG THE NORTHEAST LINE OF MEADOWLAND STREET, SAME BEING THE SOUTHWEST LlNE OF SAID 4.65 ACRE TRACT, FOR A DISTANCE OF 530.85 FEET TO THE POINT OF BEGINNING CONTAINING 0.85 OF AN ACRE OF LAND, MORE OR LESS, AS SURVEYED ON THE GROUND JANUARY, 2009. SEE PLAT PREPARED MARCH 2009, FOR MORE DESCRIPTIVE INFORMATION. BEARING SYSTEM SHOWN HEREIN IS BASED ON GRID NORTH AS ESTABLISHED FROM GPS OBSERVATION. BRAD KERR REGISTERED PROFESSIONA LAND SURVEYOR No. 4502 D:/WORK/MAB/MEADOV..'LAND.MAB REVISED 05-18-09 EXHIBIT A-Abandonment Limits Page 2 of 4 # Ordinance rm. LUIU-1LiL ~ ...,'W' I / J ; , ..• ' ~ .. ~ 2955/163 •!• """""° """"""' """""""""" 4471/Jll 1.0T 6 01.0CK 1 NORTH PAAK ~""""""' INCOlt?OMTtD ... 1'/.lJJ fi.iiiE. -~,---BEARiNGI L 1 0.1t' N ~a-20·~g· w I u 10.41' s 4r27'11· w i U 4'6.95' H 48'~1'0!)"' W Rf:\llSED 05· 18-09 SH(ET 1 Of 2 I ----· .. -··--· SURVEY PLAT OF MEADOWLAND STREET RIGHT-OF-WAY 0.85 ACRES COLLEGE STATION, BRAZOS COUNTY. TEXAS 1J. frl Ksc SCAL£: 1 INCH • 60 fEEl SURVEY OAT£: 02-02-09 PLAT CAJE, 0~-30-09 J06 NUMBER: 08-e•7 CAO ""'-"£• >10.00Wl.ANO CR5 nu;: ?"51.ER (coot): 08-847 (job) PREPARED 81': KERR SU!M:YlllG, LlC 50!> Ct-IJR01 1'\'lHV€, P.O.. 9011'. 289 COU£C£ STAllOH. TO:AS 77U\ PMON£ (97S} 268-.l\9~ s:; ~~~ ::;;:. LOl 1. SLOCK ! fEXW~ INN >...."O!llDH f>l,<T 726/20: •fr AI ~-SMNd CHTOIPibSCS. l.l .C. &a~/204 L.EliE.>iO; ! SANITNl'f SEWDt lllA"h10U: GAS t.tffUO: . flR(~'T M WAT£R VAi,.\'£ ill WATER "t!ER l"( UGtff PCU:t 0· UTti:,Jrt P()l[ --+ Cl.If fi1R(. NOiOfl' 4[Jt~LJJ(£S ! 1¥ SCALE: 1" = 60' / / / / \6 / ~ / / ~-/ I / ·-;. / / "' / /' / / / ~ / 1~ I / I/ /f / / / / / / / / / / I / ' />:/ 1. I I / I/ ~A /Ii' / I / I I / I / N I/ fl ~I nl ~I I EXHIBIT A-Abandonment Limits Page 3 of 4 Ordinance No. 2010-3232 [QI COU.EGE: Sl~T'.ON ?ARlN£.RSHIP. lP l .M5 ACRE Tfttef 7619/1-41 / / / /~/ srL wrn.s NiD 80VtcJS l'R:tPARCD l'£1iRIJNr!" 200i FOi WORE. O(:SCR:PThl( :Nf"URW.T~. R£VISEO 05-18-09 SHEET 2 Of 2 SURVEY PLAT OF MEADOWLAND STREET RIGHT-OF -WAY 0.85 ACRES / / COLLEGE STATION, BRAZOS COUNTY, TEXAS SCAU:: 1 lt<CH • SO fEET 'i'f Pl, ~ SURVl!Y OA'E: 02-02-09 J.li IA ( ~T N~~°,3M~a~~ 1---'----' C>lJ NAJ.!E: ME.<00\'fl.,<NO CR5 Fil£: PASL!:R {cor-1); 06-847 (job) PREPARED BY: KERR SURVE'flNG, LLC !'SOS CHURCH Av£...."'iUE. P.O. SOX 2H COLL.le£ s;"/\TION, TCXA.~ 77~41 PHOt.£. (Un) 268--J11f5 / / / / / / / / / ~( / v / / / / / / N/F Ci!SC. LTD. 591'1/4~ 4 65 ACRE TRACT LOTS 1. 2, 4 A,'O POR1lCN LOT ~ M.(AOOWt-""""'"O AIJOtTION N/'F RC!.'iCQ HOl!:Ht.'"S IW;. Onl/12' SCALE: + . , .. 60' COGS <015 WH fl2, t.Q.flt.Sl s SO".l6't9• ( ~lil-'°.2Jr EXHIBIT A -Abandonment Limits Page 4 of 4 Scale = 1: 332 (Feet) 1 N41°19'32"E156.25 2 N 41 ° 21' 05" E 19.96 3 S 49° 12' 09" E 13.19 4 S 49° 12' 09" E 199.93 5 N40°51'56"E20.16 6 N41°22'02"E119.99 7 S 49° 11' 50" E 50.51 8 s 40° 53' 23" w 135.26 9 S 49° 08' 57" E 503.84 16 10 N 41 ° 28' 38" E 415.46 11 S47°41'50"E514.27 12 S 08° 48' 02" E 23.57 13 s 41 ° 42' 35" w 388.98 14 S41°34'52"W15 15 S41°38'43"W166.24 16 N49°04'31"W1298.21 DEVELOPMENT REVIEW NORTH POINT CROSSING LOT 1 &2, BLK 1 REPLAT N i C-U Zoning Districts A-0 A-OR R-1 R-1B R-2 Agricultural Open Rural Residential Subdivision Single Family Residential Single Family Residential Duplex Residential ' R-3 R-4 R-6 R-7 0 GC Cl / ' / '-, " / @lliJ®D Townhouse Multi-Family High Density Multi-Family Manufactured Home Park Office General Commercial Commercial-Industrial \ " \ / / > \ \ \\ / / \ / / \ '· / \ / / 0 ~ / / C -3 M -1 M -2 C-U R&D P-MUD PO D / ' \ ', /°'· / / Light Commercial Light Industrial Heavy Industrial College and University Research and Development Planned Mixed-Use Development Planned Development District WPC NG -1 NG-2 NG -3 ov ROD KO Wolf Pen Creel< Dev. Corridor Core Northgate Transitional Northgate Residential Northgate Corridor Overlay Redevelopment District Krenek Tap Overlay 11 NORTH POINT CROSSING 11 Case: DEVELOPMEN_T_R_E_V_IE_W~~ ~~~~~_L_O_T_1_&=2=,B=L=K==1 ========~~====1=3-=0=2=1 .....,......,......,......,......,......,......,.=R=E=P=L=A=T~ NOTICE OF PUBLIC HEARING: The College Station Planning and Zoning Commission will hold a public hearing to consider a Replat of two Planned Development District lots on approximately 11 .5 acres for the properties located at 410-420 Texas Avenue, 1403-1405 University Drive, 100-154 Meadowland Street (excluding 130, 132, 134, 149, and 151 Meadowland Street). 'The hearing will be held in the Council Chambers of the College Station City Hall, 1101 Texas Avenue at the 7:00 p.m. meeting of the Commission on Thursday, February 21, 2013. For additional information regarding this public hearing, please contact Jason Schubert, 1Project Manager, at 979.764.3570. Any request for sign interpretive services for the hearing !impaired must be made 48 hours before the meeting. To make arrangements please call 979.764.3541 or (TDD) 1.800.735.2989. 2-4-13 NOTICE OF PUBLIC HEARING: The College Station Planning and Zoning Commission will hold a public hearing to consider a Replat of two Planned Development District lots on approximately 11.5 acres for the properties located at 410-420 Texas Avenue, 1403-1405 University Drive, 100-154 Meadowland Street (excluding 130, 132, 134, 149, and 151 Meadowland Street). The hearing will be held in the Council Chambers of the College Station City Hall, 1101 Texas Avenue at the 7:00 p.m. meeting of the Commission on Thursday, February 21, 2013. For additional information regarding this public hearing, please contact Jason Schubert, Project Manager, at 979.764.3570. Any request for sign interpretive services for the hearing impaired must be made 48 hours before the meeting. To make arrangements please call 979.764.3541 or (TDD) 1.800.735.2989. 2-4-13 LEGAL NOTICE DATE TO BE PUBLISHED : MONDAY, FEBRUARY 4, 2013 BILL TO: Brittany Caldwell City of College Station P.O. Box 9960 College Station, TX 77842 NOTICE OF PUBLIC HEARING: ONLY The College Station Planning and Zoning Commission will hold a public hearing to consider a Replat of two Planned Development District lots on approximately 11 .5 acres for the properties located at 410-420 Texas Avenue, 1403-1405 University Drive, 100- 154 Meadowland Street (excluding 130, 132, 134, 149, and 151 Meadowland Street). The hearing will be held in the Council Chambers of the College Station City Hall , 1101 Texas Avenue at the 7:00 p.m. meeting of the Commission on Thursday, February 21, 2013. For additional information regarding this public hearing, please contact Jason Schubert, Project Manager, at 979.764 .3570. Any request for sign interpretive services for the hearing impaired must be made 48 hours before the meeting. To make arrangements please call 979 .764.3541 or (TDD) 1.800.735.2989. _,. ---. ,,...... LEGAL NOTICE DATE TO BE PUBLISHED: MONDAY, FEBRUARY 4, 2013 BILL TO : Brittany Caldwell City of College Station P.O. Box 9960 College Station, TX 77842 NOTICE OF PUBLIC HEARING: 17111.t~ ONLY The College Station Plan i,!llkand Zoning Commission will hold a public hearing to consider a Replat of ..tW'6~'Ptanned Development District lots on approximately 11 .5 acres for the property located a(t 440 ~as-AveFtue . -~ ~J:.. if!/""4.( r,,p Lr.:s. TJ The hearing will be held in the Council Chambers of the College Station City Hall, 1101 Texas Avenue at the 7:00 p.m. meeting of the Commission on Thursday, February 21, 2013. For additional information regarding this public hearing , please contact Jason Schubert, Project Manager, at 979.764 .3570. Any request for sign interpretive services for the hearing impaired must be made 48 hours before the meeting . To make arrangements please call 979 .764.3541 or (TDD) 1.800.735.2989. CITY OF COLLEGE STATION Home o/Texas A&M University• 1101 Texas Avenue, PO Box 9960 College Station, Texas 77842 Phone 979. 764.3570 / Fax 979. 764.3496 February 4, 2013 TO WHOM IT MAY CONCERN : -e fµfL?vo Re: Consideration of a lots on approximately AveFltl . Replat request for 'd~Planned Development District 11.5 acres for the property located at 41-0 Texas (USc. Er-..;; t...x :::>t) NOTICE OF PUBLIC HEARING This is to notify you that the City of College Station is considering a Replat request for the following property: Applicant: Project Number: Subject Property: Mitchell & Morgan1 LLP 13-00900021 (v.K. -'~ ~~-c) 4.1.CLiexa~ (See attached location map.) The Planning and Zoning Commission will hold a public hearing on Thursday, February 21, 2013 at 7:00 p.m. to consider the request. The public hearing will be held in the City Hall Council Chambers located at 1101 Texas Avenue, College Station, Texas. All owners of the subject property and property owners within 200 feet of the subject property have received notification of this request. Attached is an excerpt from the Texas Local Government Code concerning replats. No waiver request has been filed. Any request for sign interpretive services for the hearing impaired must be made 48 hours before the meeting. To make arrangements please call 979. 764.3541 or (TDD) 1.800. 735.2989. For additional information regarding this public hearing please contact the Project Manager with Planning & Development Services at 979. 764.3570. Jason Schubert Project Manager Planning & De11elopment Services P.O. BOX <J960 • l 101 TEXAS AVENUE · COLLEGE STATTON · 1TXAS • 77842 TEI . 979.764.3570 •FAX. 979.76•1.34% cstx.gov/devservices C ITY OF C OLLEGE STATION Home of Texas A&M University• 212.005 Approval by Municipality Required The municipal authority responsible for approving plats must approve a plat or replat that is required to be prepared under this subchapter and that satisfies all applicable regulations. 212.014 Replatting Without Vacating Preceding Plat A replat of a subdivision or part of a subdivision may be recorded and is controlling over preceding plat without vacation of that plat if the replat: ( 1) is signed and acknowledged by only the owners of the property being replatted. (2) is approved, after a public hearing on the matter at which parties in interest and citizens have an opportunity to be heard, by the municipal authority responsibility for approving plats; and (3) does not attempt to amend or remove any covenants or restrictions. 212.015 Additional Requirements for Certain Replats ( c) If the proposed rep lat requires a variance and is protested in accordance with this subsection, the proposed replat must receive, in order to be approved, the affirmative vote of at least three-fourths of the members present of the municipal planning commission or governing body, or both. For a legal protest, written instruments signed by the owners of at least 20 percent of the area of the lots or land immediately adjoining the area covered by the proposed replat and extending 200 feet from that area, but within the original subdivision, must be filed with the municipal planning commission or governing body, or both, prior to the close of the public hearing. Planning & Development Services P.O. rlOX 'l'J60 • 1101 TEXAS AVENUE · COl.l.ECF STAT ION · TF.XAS • 77842 TEI . 979.764.3570 • l'AX. 979.7Ci·U·l % cst><.gov/devservices ClTY OF COJJE GE STATION Home o/Texas A&M University• 1101 Texas Avenue, PO Box 9960 College Station, Texas 77842 Phone 979. 764.3570 / Fax 979. 764.3496 February 4, 2013 TO WHOM IT MAY CONCERN: Re: Consideration of a Replat request for two Planned Development District lots on approximately 11.5 acres for the properties located at 410-420 Texas Avenue, 1403-1405 University Drive, 100-154 Meadowland Street (excluding 130, 132, 134, 149, and 151 Meadowland Street) NOTICE OF PUBLIC HEARING This is to notify you that the City of College Station is considering a Replat request for the following property: Applicant: Project Number: Subject Property: Mitchell & Morgan 13-00900021 410-420 Texas Avenue, 1403-1405 University Drive, 100-154 Meadowland Street (excluding 130, 132, 134, 149, and 151 Meadowland Street) (See attached location map.) The Planning and Zoning Commission will hold a public hearing on Thursday, February 21, 2013 at 7:00 p.m. to consider the request. The public hearing will be held in the City Hall Council Chambers located at 1101 Texas Avenue, College Station, Texas. All owners of the subject property and property owners within 200 feet of the subject property have received notification of this request. Attached is an excerpt from the Texas Local Government Code concerning replats. No waiver request has been filed. Any request for sign interpretive services for the hearing impaired must be made 48 hours before the meeting. To make arrangements please call 979. 764.3541 or (TDD) 1.800. 735.2989. For additional information regarding this public hearing please contact the Project Manager with Planning & Development Services at 979.764.3570. Jason Schubert Project Manager Pla11ning & DeTJelopment Services P.O. 110X <)960 • 1101 T FXAS AVENUE · COI.LF.GE STATION · Tl~XAS • 7784~ TFl 97'!.764 35 70 ·FAX. 97'!.7<>4.3·1% cstx.gov/devservices ClTY OF CrnJJ~GE STATION Home of7i:xas A&M University• 212.005 Approval by Municipality Required The municipal authority responsible for approving plats must approve a plat or replat that is required to be prepared under this subchapter and that satisfies all applicable regulations. 212.014 Replatting Without Vacating Preceding Plat A replat of a subdivision or part of a subdivision may be recorded and is controlling over preceding plat without vacation of that plat if the replat: (1) is signed and acknowledged by only the owners of the property being replatted. (2) is approved, alter a public hearing on the matter at which parties in interest and citizens have an opportunity to be heard, by the municipal authority responsibility for approving plats; and (3) does not attempt to amend or remove any covenants or restrictions. 212.015 Additional Requirements for Certain Replats ( c) If the proposed re plat requires a variance and is protested in accordance with this subsection, the proposed replat must receive, in order to be approved, the affirmative vote of at least three-fourths of the members present of the municipal planning commission or governing body, or both. For a legal protest, written instruments signed by the owners of at least 20 percent of the area of the lots or land immediately adjoining the area covered by the proposed replat and extending 200 feet from that area, but within the original subdivision, must be filed with the municipal planning commission or governing body, or both, prior to the close of the public hearing. Planning & D evelopment Ser11ices P.O. r1ox <)')6() • 1101 TEXAS AVF.NUF. • COJ.l.F.CF. '.:i TATfON • lT.:\AS • 77842 TFI . 'J7'J 764 . .'l'i70 • rAX. ')7'1.?M .34% cstx.gov/devservices N ~ tr* ·~ oft,, C-U V..t-- 'l'o,,_~ Zoning Districts A-0 A -OR R -1 R-18 R-2 Agricultural Open Rural Residential Subdivision Single Family Residential Single Family Residential Duplex Residential ct>-\...'1 / / ( \ ' / / '(-' ;J~ "' " -,_ "' ' ~~ ~7~ 00~ ,~~ ' ;:;,. ~ ~ 2 -'.! 1 (/) LlJ -'.! 0:: 1 u R -3 R-4 R-6 R -7 0 GC Cl ' @M®O Townhouse Multi-Family High Density Multi-Family Manufactured Home Park Office General Commercial Commercial-Industrial / " / / / \ / \ / / ·~ / / / / / C -3 M-1 M-2 C -U R&D P-MUD POD / Light Commercial Light Industrial Heavy Industrial College and University Research and Development Planned Mixed-Use Development Planned Development District I //"-.. 11 NORTH POINT CROSSING 11 Case· .___~_-_'U ___ D_E_V_E_LO_P_M_E_N_T_R_E_V_I E_W _ ____, c._ _____ L_O_T_1_-3_, _B_LK_1 ____ __, 13-021 WPC NG-1 NG-2 NG-3 ov ROD KO Wolf Pen Creek Dev. Corridor Core Northgate Transitional Northgate Residential Northgate Corridor Overlay Redevelopment District Krenek Tap Overlay REPLAT N ~ / C-U "' Zoning Districts R-3 R-4 R-6 R-7 0 GC Cl A-0 A-OR R-1 R-18 R-2 Agricultural Open Rural Residential Subdivision Single Family Residential Single Family Residential Duplex Residential DEVELOPMENT REVIEW / Townhouse Multi-Family ··... ',/ @QDIBD High Density Multi-Family Manufactured Home Park Office General Commercial Commercial-Industrial C-3 M-1 M-2 C-U R&D P-MUD POD / - Light Commercial Light Industrial Heavy Industrial College and University Research and Development Planned Mixed-Use Development Planned Development District 11 NORTH POI NT CROSS I NG LOT 1-3, BLK 1 I lease: 13-021 WPC NG-1 NG-2 NG-3 ov ROD KO ,, GC , ' / A1 y /1 Wolf Pen Creek Dev. Corridor Core Northgate Transitional Northgate Residential Northgate Corridor Overlay Redevelopment District Krenek Tap Overlay REPLAT J \ DEVELOPMENT REVIEW NORTH POINT CROSSING 11 Case· ~ ____ L_O_T_1_-3_, _B_L_K_1 ____ ___, 13-021 REPLAT 16 C {Ds0 2 22 Scale = 1 · 337 (F · eel) 1 N 41 ° 19' 32" E 156.25 2 N41°21'05"E19.96 3 N 49° 12' 09" W 98.88 4 N 41 ° 25' 10" E 443.96 5 S 47° 09' 55" E 74.85 6 s 41 ° 18' 13" w 200.19 7 S 47° 53' 16" E 36.91 8 S41°29'01"W220.26 9 s 40° 56' 04" w 20 10 S 49° 12' 09" E 199.93 11 N40°51'56"E20.16 12 N41°22'02"E119.99 13 S49°11'50"E50.51 14 s 40° 53' 23" w 135.26 15 S 49° 08' 57" E 503.84 16 N41°28'38"E415.46 17 S 47° 41 ' 50" E 514.27 18 s 08° 48' 02" E 23.57 19 s 41 ° 42' 35" w 388.98 20 s 41 ° 34' 52" w 15 21 s 41 ° 38' 43" w 166.24 22 N 49° 04' 31" W 1298.21