HomeMy WebLinkAboutNothing Further CertificateGF No.: 130361
Examiner: Lauren Liljestrand
Effective Date: March 6, 2013
NOTHING FURTHER CERTIFICATE
STATE OF TEXAS
COUNTY OF BRAZOS
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:
Being all that certain tract or parcel of land lying and being situated in the JAMES
ERWIN SURVEY, A-119, Brazos County, Texas and being part of the 208.523 acre tract
described in the Deed from Bandura Corporation to Indivisa Corporation recorded In
Volume 3812, Page 320 of the Official Records of Brazos County (O.R.B.C.) and being
more particularly described by metes and bounds as follows:
BEGINNING: at a found 1/2-inch iron rod beside a split cross -tie fence corner marking the
North corner of the said 208.523 acre Indivisa tract, the East corner of a county road
known as Feather Run (based on a 60-foot width right-of-way described on the QUAIL
RUN ESTATES, PHASE I plat recorded in Volume 351, Page 565 of the Brazos County
Deed Records ), being in the Southwest line of the 20.305 acre John Kemp, at ux tract
described In Volume 2561, Page 88 (O.R.B.C.) and being at or near the common most
Easterly corner of the W. H. FRAZIER SURVEY, A-122 and the JAMES ERWIN
SURVEY, A-119;
THENCE: S 45' 31' 57" E along the Northeast line of the said 208.523 acre Indivisa tract
and the Southwest line of the said 20.305 acre Kemp tract for a distance of 604.18 feet, said
line being approximately along the Northeast line of the before said JAMES ERWIN
SURVEY and the Southwest line of the CRAWFORD BURNETT SURVEY, A-7 to a
found 3/4-inch iron pipe marking the South corner of the said Kemp tract and the West
corner of the 39.873 acre David S. Borsack tract described in Volume 3350, Page 238
(O.R.B.C.);
THENCE: S 46' 46' 32" E for a distance of 1139.74 feet approximately along a fence on the
Northeast line of the said 208.523 acre Indivisa tract to a found 1/2-inch iron rod marking
the South corner of the said Borsack tract and the West corner of LAS PALOMAS
Subdivision as recorded in Volume 7367, Page 53 (O. R. B.C.);
THENCE: S 45' 08' 21" E along the Southwest line of said LAS PALOMAS Subdivision
for a distance of 332.60 feet to a found 1/2-inch iron rod marking the South corner of the
said LAS PALOMAS Subdivision and the West corner of the 10.43 acre Albert P. Ribisi at
ux tract described in Volume 1169, Page 506 (O.R.B.C.);
THENCE: S 46° 05' 45" E along the Southwest line of said 10.43 acre Ribisi tract for a
distance of 472.51 feet to a found 112-•inch iron rod marking the East corner of the said
208.523 acre Indivisa tract, said 1/2- inch iron rod also being In the Northwest line of the
called 208.32 acre Grace S. Abbate, et al tract described in Volume 2310, Page 12
(O.R.B.C.);
THENCE: S 43146' 58" W for a distance of 2616.19 feet along the common line of the said
Grace S. Abbate, et at tract and the Southeast line of the said 208.523 acre Indivisa tract to
a found 112-inch iron rod marking the East corner of Lot 7, Block 3 GREAT OAKS
SUBDIVISION, PHASE ONE as recorded in Volume 4150, Page 295 (O.R.B.C.);
THENCE: along the easterly lines of said GREAT OAKS SUBDIVISION, PHASE ONE
for the following twenty-seven (27) calls:
1) N 430 46' 19" W for a distance of 145.43 feet to a found 1/2-inch iron rod for corner,
2) N 300 49' 19" E for a distance of 108.59 feet to a found 1/2-inch iron rod for corner,
3) S 850 31' 13" E fora distance of 119.90 feet to a found 1/2-inch iron rod for corner,
4) N 260 02' 52" E for a distance of 42.45 feet to a found 1/2-inch iron rod for corner,
5) N 711 24' 29" W for a distance of 97.67 feet to a found 1/2-inch iron rod for corner,
6) N 430 32' 40" E for a distance of 135.34 feet to a found 1/2-inch iron rod for corner,
7) N 060 38' 11" W for a distance of 53.14 feet to a found 1/2-inch iron rod for comer,
8) N 78143' 42" W for a distance of 403.79 feet to a found 1/2-inch iron rod for corner,
9) N Ill 16' 18" E for a distance of 33.49 feet to a found 3/4-inch iron pipe for the Point of
Curvature
of a curve to the left,
10) 301.20 feet along the arc of said curve having a central angle of 35134' 5911, a radius of
485.00 feet, a tangent of 155.64 feet and a long chord bearing N 06' 31, 11" W at a distance
of 296.39 feet to a found 3/4-inch iron pipe for the Point of Tangency,
11) N 24° 18' 41" W for a distance of 133.81 feet to a found 1/2-inch iron rod for comer,
12) N 62° 20' 46" E for a distance of 193.57 feet to a found 1/2-inch iron rod for comer,
13) N 24° 26' 36" W for a distance of 105.77 feet to a found 1/2-inch iron rod for corner,
14) N 38° 08' 29" E for a distance of 84.58 feet to a found 1/2-inch iron rod for corner,
15) N 26° 08' 34" W for a distance of 56.18 feet to a found 1/2-inch iron rod for comer,
16) N 59° 09' 57" E for a distance of 57.42 feet to a found 1/2-inch iron rod for corner,
17) N 09° 33' 55" W for a distance of 78.40 feet to a found 1/2-inch iron rod for corner,
18) N 41° 53' 11" E for a distance of 52.46 feet to a found 1/2-inch iron rod for corner,
19) N 38° 56' 49" W for a distance of 64.04 feet to a found 1/2-inch iron rod for comer,
20) N 27° 14' 58" E for a distance of 23.21 feet to a found 1/2-inch iron rod for corner,
21) N 400 50' 06" W for a distance of 887.38 feet to a found 1/2-inch iron rod for corner,
22) S 43° 38' 40" W for a distance of 270.86 feet to a found 3/4-inch iron pipe for corner,
23) 119.05 feet in a counter -clockwise direction along the arc of a curve having a central
angle of 12144' 5811, a radius of 535.00 feet, a tangent of 59.77 feet and a long chord
bearing N 52' 43' 49" W at a distance of 118.80 feet to a found 1/2-inch iron rod for corner,
24) N 15° 37' 38" W for a distance of 50.00 feet to a found 1/2-inch iron rod for comer,
25) N 60° 48' 51" W for a distance of 70.00 feet to a found 1/2-inch iron rod for corner,
26) S 29° 11' 09" W for a distance of 56.64 feet to a found 1/2-inch iron rod for corner and
27) N 46° 09' 17" W for a distance of 305.92 feet to a found 1/2-inch iron rod marking the
North corner of Lot 8, Block 4 of said GREAT OAKS SUBDIVISION, PHASE ONE, said
iron rod also being the Northwest line of the said 208.523 acre Indivisa tract, the Southeast
line of the beforementioned QUAIL RUN ESTATES, PHASE 1 and being at or near the
common line of the W.H. FRAZIER SURVEY, A-122 and the JAMES ERWIN SURVEY,
A-119;
THENCE: N 43' 50' 43" E along the common line of the said 208.523 acre Indivisa tract
and QUAIL RUN ESTATES, PHASE 1 for a distance of 1949.73 feet to the POINT OF
BEGINNING and containing 116.352 acres of land, more or less.
Tract Two:
Being all that certain tract or parcel of land lying and being situated In the JAMES
ERWIN SURVEY, A-119, Brazos County, Texas and being part of the 208.523 acre tract
described in the Deed from Bandura Corporation to Indivisa Corporation recorded in
Volume 3812, Page 320 of the Official Records of Brazos County (O.R.B.C.) and being
more particularly described by metes and bounds as follows:
BEGINNING: at a found 1/2-inch iron rod In the Northwest line of the said 208,523 acre
Indivisa tract, said iron rod marking the West corner of Lot 5, Block 4, GREAT OAKS
SUBDIVISION, PHASE ONE as recorded in Volume 4150, Page 295 (O.R.B.C.), being in
the Southeast line of QUAIL RUN ESTATES, PHASE I as recorded in Volume 351, Page
585 of the Brazos County Deed Records (B.C.D.C.) and being at or near the common line of
the W.H. FRAZIER SURVEY, A-122 and the JAMES ERWIN SURVEY, A-119;
THENCE: along the Southwesterly lines of said GREAT OAKS SUBDIVISION, PHASE
ONE for the following twenty-one (21) calls:
1) S 48' 09' 17" E for a distance of 470.00 feet to a found 1/2-inch iron rod for corner,
2) N 430 50' 43" E fora distance of 70.24 feet to a found 1/2-inch iron rod for corner,
3) N 88144' 42" E for a distance of 50.00 feet to a found 1/2-inch iron rod for comer,
4) S 46° 21' 20" E for a distance of 134.71 feet to a found 1/2-inch iron rod for corner,
5) S 431 38' 40" W for a distance of 337.82 feet to a found 1/2-inch iron rod for corner,
6) S 581 31' 24" E for a distance of 153.45 feet to a found 1/2-inch iron rod for corner,
7) S 311 01' 43" E for a distance of 119.82 feet to a found 12-inch iron rod for comer,
8) S 21° 30' 33" E for a distance of 125.64 feet to a found 1/2-inch iron rod for corner,
9) S 08148' 25" E for a distance of 55.68 feet to a found 1/2-inch iron rod for corner,
10) S 46° 17' 21" E for a distance of 74.57 feet to a found 1/24nch iron rod for corner,
11) S 14° 48' 13" E for a distance of 213.25 feet to a found 1/2-inch iron rod for comer,
12) S 28° 13' 28" W for a distance of 28.96 feet to a found 1/2-inch iron rod for corner,
13) S 060 17' 39" E for a distance of 64.93 feet to a found 1/2-inch iron rod for corner,
14) S 320 33' 21" E for a distance of 63.84 feet to a found 1/2-inch iron rod for corner,
15) S 01° 54' 21" W for a distance of 49.58 feet to a found 1/2-inch iron rod for corner,
16) S 33° 36' 28" E for a distance of 98.55 feet to a found 1/2-inch iron rod for corner,
17) S 15° 18' 52" E for a distance of 87.02 feet to a found 1/2-inch iron rod for corner,
18) S 61° 28' 13" E for a distance of 64.90 feet to a found 1/2-inch iron rod for corner,
19) S 28° 51' 40" E for a distance of 54.88 feet to a found 1/2-inch iron rod for corner,
20) S 60° 09' 02" E for a distance of 89.23 feet to a found 1/2-inch iron rod for corner,
21) S 08° 40' 58" E for a distance of 72.84 feet to a found 1/2-inch iron rod for comer,
22) S 410 06' 16" E for a distance of 34.36 feet to a found 1/2-inch iron rod for comer,
23) N 81° 42' 09" E for a distance of 66.96 feet to a found 1/2-inch iron rod for comer,
24) S 17° O1' 27" E for a distance of 76.08 feet to a found 1/2-inch iron rod for corner,
25) S 44° 05' 02" E for a distance of 56.04 feet to a found 1/2-inch iron rod for corner,
26) S 74° 38' 40" E fore distance of 64.82 feet to a found 1/2-inch iron rod for corner,
27) S 38° 00' 14" E for a distance of 52.24 feet to a found 1/2-inch iron rod for corner,
28) S 05° 29' 11" E for a distance of 56.96 feet to a found 1/2-inch iron rod for corner,
29) S 63° 18' 50" E for a distance of 47.38 feet to a found 1/2-inch iron rod for corner,
30) S 22° 56' 48" E for a distance of 146.15 feet to a found 1/2-inch iron rod for comer,
31) S 75° 35' 40" W for a distance of 105.23 feet to a found 1/2-inch iron rod for corner,
32) N 44° 43' 14" W for a distance of 110.18 feet to a found 1/2-inch iron rod for corner
and
33) S 23° 27' 07" W for a distance of 147.76 feet to a found 1/2-inch iron rod marking the
most Westerly corner of Lot 7, Block 1 of said GREAT OAKS SUBDIVISION, PHASE
ONE, said iron rod also being in the Northeast line of the 104.92 acre M.S. Kavanaugh
tract described in Volume 437, Page 581 (B.C.D.R.);
THENCE: N 46121' 20" W along the said Northeast line of the said 104.92 acre
Kavanaugh tract for a distance of 1689.12 feet to a found 1/2-inch iron rod marking the
North corner of the said 104.92 acre Kavanaugh tract and the East corner of Lot 9, HOLT
HILLS Subdivision as recorded in Volume 261, Page 887 (B.C.D.R.);
THENCE: N 46° 38' 45" W for a distance of 626.69 feet along the Northeast line of said Lot
9 HOLT HILLS Subdivision and the lower Northeast right-of-way line of a County Road
called Walnut Road (based on a 40' width) to a found 1/2-inch iron rod in the asphalt
pavement for an internal ell -corner in said Walnut Road right-of-way, said iron rod being
at or near the before -said common line of the W.H. FRAZIER SURVEY, A-122 and the
JAMES ERWIN SURVEY, A-119;
THENCE: N 411 14' 07" E for a distance of 93.34 feet to a found 1/2-inch iron rod marking
the East corner of a 0.151 acre Walnut Road right-of-way dedication as shown on the
beforementioned QUAIL RUN ESTATES PHASE I Subdivision Plat;
THENCE: N 43150' 43" E along the common line of the said 208.523 acre Indivisa tract
and QUAIL RUN ESTATES, PHASE 1 for a distance of 826.03 feet to the POINT OF
BEGINNING and containing 31.288 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 March 19, 2012 and March 6,
2013:
Correction Special Warranty Deed:
Grantor: Lieven J. Van Riet
Grantee: BCS Rock Prairie, L.P.
Dated: August 21, 2012
Recorded: Volume 11069, Page 98, Official Records, Brazos County, Texas.
Deed of Trust to secure a Note:
Grantor: BCS Rock Prairie, L.P.
Trustee: Tim Jones
Beneficiary: First Victoria National Bank
Amount: $3,350,000.00
Dated: October 25, 2012
Recorded: Volume 10983, Page 1, 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
GF No.: 130361
Examiner: Lauren Liliestrand
Effective Date: January 13, 2013
NOTHING FURTHER CERTIFICATE
STATE OF TEXAS
COUNTY OFBRAZOS
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:
Being all that certain tract or parcel of land lying and being situated in the JAMES
ERWIN SURVEY, A-119, Brazos County, Texas and being part of the 208.523 acre tract
described in the Deed from Bandura Corporation to Indivisa Corporation recorded In
Volume 3812, Page 320 of the Official Records of Brazos County (O.R.B.C.) and being
more particularly described by metes and bounds as follows:
BEGINNING: at a found 1/2-inch iron rod beside a split cross -tie fence corner marking the
North corner of the said 208.523 acre Indivisa tract, the East corner of a county road
known as Feather Run (based on a 60-foot width right-of-way described on the QUAIL
RUN ESTATES, PHASE I plat recorded in Volume 351, Page 565 of the Brazos County
Deed Records ), being in the Southwest line of the 20.305 acre John Kemp, at ux tract
described In Volume 2561, Page 88 (O.R.B.C.) and being at or near the common most
Easterly corner of the W. H. FRAZIER SURVEY, A-122 and the JAMES ERWIN
SURVEY, A-119;
THENCE: S 450 31' 57" E along the Northeast line of the said 208,523 acre Indivisa tract
and the Southwest line of the said 20.305 acre Kemp tract for a distance of 604.18 feet, said
line being approximately along the Northeast line of the before said JAMES ERWIN
SURVEY and the Southwest line of the CRAWFORD BURNETT SURVEY, A-7 to a
found 3/4-inch iron pipe marking the South corner of the said Kemp tract and the West
corner of the 39.873 acre David S. Borsack tract described in Volume 3350, Page 238
(O.R.B.C.);
THENCE: S 460 46' 32" E for a distance of 1139.74 feet approximately along a fence on the
Northeast line of the said 208.523 acre Indivisa tract to a found 1/2-inch iron rod marking
the South corner of the said Borsack tract and the West corner of LAS PALOMAS
Subdivision as recorded in Volume 7367, Page 53 (O. R. B.C.);
THENCE: S 45° 08' 21" E along the Southwest line of said LAS PALOMAS Subdivision
for a distance of 332.60 feet to a found 1/2-inch iron rod marking the South corner of the
said LAS PALOMAS Subdivision and the West corner of the 10.43 acre Albert P. Ribisi at
ux tract described in Volume 1169, Page 506 (O.R.B.C.);
THENCE: S 46' 05' 45" E along the Southwest line of said 10.43 acre Ribisi tract for a
distance of 472.51 feet to a found 112-inch iron rod marking the East corner of the said
208.523 acre Indivisa tract, said 1/2- inch iron rod also being In the Northwest line of the
called 208.32 acre Grace S. Abbate, et at tract described in Volume 2310, Page 12
(O.R.B.C.);
THENCE: S 430,16' 58" W for a distance of 2616.19 feet along the common line of the said
Grace S. Abbate, et at tract and the Southeast line of the said 208.523 acre Indivisa tract to
a found 112-inch iron rod marking the East corner of Lot 7, Block 3 GREAT OAKS
SUBDIVISION, PHASE ONE as recorded in Volume 4150, Page 295 (O.R.B.C.);
THENCE: along the easterly lines of said GREAT OAKS SUBDIVISION, PHASE ONE
for the following twenty-seven (27) calls:
1) N 430 46' 19" W for a distance of 145.43 feet to a found 1/2-inch iron rod for corner,
2) N 300 49' 19" E for a distance of 108.59 feet to a found 1/2-inch iron rod for corner,
3) S 850 31' 13" E fora distance of 119.90 feet to a found 1/2-inch iron rod for corner,
4) N 260 02' 52" E for a distance of 42.45 feet to a found 1/2-inch iron rod for corner,
5) N 710 24' 29" W for a distance of 97.67 feet to a found 1/2-inch iron rod for corner,
6) N 430 32' 40" E for a distance of 135.34 feet to a found 1/2-inch iron rod for corner,
7) N 060 38' 11" W for a distance of 53.14 feet to a found 1/2-inch iron rod for comer,
8) N 780 43' 42" W for a distance of 403.79 feet to a found 1/2-inch iron rod for corner,
9) N 110 16' 18" E for a distance of 33.49 feet to a found 3/4-inch iron pipe for the Point of
Curvature
of a curve to the left,
10) 301.20 feet along the are of said curve having a central angle of 350 34' 59", a radius of
485.00 feet, a tangent of 155.64 feet and a long chord bearing N 060 31' 11" W at a distance
of 296,39 feet to a found 3/4-inch iron pipe for the Point of Tangency,
11) N 240 18' 41" W for a distance of 133.81 feet to a found 1/2-inch iron rod for comer,
12) N 620 20' 46" E for a distance of 193.57 feet to a found 1/2-inch iron rod for comer,
13) N 240 26' 36" W for a distance of 105.77 feet to a found 1/2-inch iron rod for corner,
14) N 380 08' 29" E for a distance of 84.58 feet to a found 1/2-inch iron rod for corner,
15) N 260 08' 34" W for a distance of 56.18 feet to a found 1/2-inch iron rod for comer,
16) N 59° 09' 57" E for a distance of 57.42 feet to a found 1/2-inch iron rod for corner,
17) N 090 33' 55" W for a distance of 78.40 feet to a found 1/2-inch iron rod for corner,
18) N 410 53' 11" E for a distance of 52.46 feet to a found 1/2-inch iron rod for corner,
19) N 38° 56' 49" W for a distance of 64.04 feet to a found 1/2-inch iron rod for comer,
20) N 270 14' 58" E for a distance of 23.21 feet to a found 1/2-inch iron rod for corner,
21) N 400 50' 06" W for a distance of 887.38 feet to a found 1/2-inch iron rod for corner,
22) S 430 38' 40" W for a distance of 270.86 feet to a found 3/4-inch iron pipe for corner,
23) 119.05 feet in a counter -clockwise direction along the are of a curve having a central
angle of 120 44' 5811, a radius of 535.00 feet, a tangent of 59.77 feet and a long chord
bearing N 520 43' 49" W at a distance of 118.80 feet to a found 1/2-inch iron rod for corner,
24) N 150 37' 38" W for a distance of 50.00 feet to a found 1/2-inch iron rod for comer,
25) N 60° 48' 51" W for a distance of 70.00 feet to a found 1/2-inch iron rod for corner,
26) S 290 11' 09" W for a distance of 56.64 feet to a found 1/2-inch iron rod for corner and
27) N 460 09' 17" W for a distance of 305.92 feet to a found 1/2-inch iron rod marking the
North corner of Lot 8, Block 4 of said GREAT OAKS SUBDIVISION, PHASE ONE, said
iron rod also being the Northwest line of the said 208.523 acre Indivisa tract, the Southeast
line of the beforementioned QUAIL RUN ESTATES, PHASE 1 and being at or near the
common line of the W.H. FRAZIER SURVEY, A-122 and the JAMES ERWIN SURVEY,
A-119;
THENCE: N 430 50' 43" E along the common line of the said 208.523 acre Indivisa tract
and QUAIL RUN ESTATES, PHASE 1 for a distance of 1949.73 feet to the POINT OF
BEGINNING and containing 116.352 acres of land, more or less.
Tract Two:
Being all that certain tract or parcel of land lying and being situated In the JAMES
ERWIN SURVEY, A-119, Brazos County, Texas and being part of the 208.523 acre tract
described in the Deed from Bandura Corporation to Indivisa Corporation recorded in
Volume 3812, Page 320 of the Official Records of Brazos County (O.R.B.CJ and being
more particularly described by metes and bounds as follows:
BEGINNING: at a found 1/2-inch iron rod In the Northwest line of the said 208.523 acre
Indivisa tract, said iron rod marking the West corner of Lot 5, Block 4, GREAT OAKS
SUBDIVISION, PHASE ONE as recorded in Volume 4150, Page 295 (O.R.B.C.), being in
the Southeast line of QUAIL RUN ESTATES, PHASE I as recorded in Volume 351, Page
585 of the Brazos County Deed Records (B.C.D.C.) and being at or near the common line of
the W.H. FRAZIER SURVEY, A-122 and the JAMES ERWIN SURVEY, A-119;
THENCE: along the Southwesterly lines of said GREAT OAKS SUBDIVISION, PHASE
ONE for the following twenty-one (21) calls:
1) S 480 09' 17" E for a distance of 470.00 feet to a found 1/2-ineb iron rod for corner,
2) N 430 50' 43" E fora distance of 70.24 feet to a found 1/2-inch iron rod for corner,
3) N 880 44' 42" E for a distance of 50.00 feet to a found 1/2-inch iron rod for comer,
4) S 460 21' 20" E for a distance of 134.71 feet to a found 1/2-inch iron rod for corner,
5) S 430 38' 40" W for a distance of 337.82 feet to a found 1/2-inch iron rod for corner,
6) S 580 31' 24" E for a distance of 153.45 feet to a found 1/2-inch iron rod for corner,
7) S 31° 01' 43" E for a distance of 119.82 feet to a found 12-inch iron rod for comer,
8) S 210 30' 33" E for a distance of 125.64 feet to a found 1/2-inch iron rod for corner,
9) S O80 48' 25" E for a distance of 55.68 feet to a found 1/2-inch iron rod for corner,
10) S 46° 17' 21" E for a distance of 74.57 feet to a found 1/2-inch iron rod for corner,
11) S 14° 48' 13" E for a distance of 213.25 feet to a found 1/2-inch iron rod for comer,
12) S 280 13' 28" W for a distance of 28.96 feet to a found 1/2-inch iron rod for corner,
13) S 06° 17' 39" E for a distance of 64.93 feet to a found 1/2-inch iron rod for corner,
14) S 320 33' 21" E for a distance of 63.84 feet to a found 1/2-inch iron rod for corner,
15) S 01° 54' 21" W for a distance of 49.58 feel to a found 1/2-inch iron rod for corner,
16) S 330 36' 28" E for a distance of 98.55 feet to a found 1/2-inch iron rod for corner,
17) S 15018' 52" E for a distance of 87.02 feet to a found 1/2-inch iron rod for corner,
18) S 61° 28' 13" E for a distance of 64.90 feet to a found 1/2-inch iron rod for corner,
19) S 28- 51' 40" E for a distance of 54.88 feet to a found 1/2-inch iron rod for corner,
20) S 60° 09' 02" E for a distance of 89.23 feet to a found 1/2-inch iron rod for corner,
21) SOS° 40' 58" E for a distance of 72.84 feet to a found 1/2-inch iron rod for comer,
22) S 41° 06' 16" E for a distance of 34.36 feet to a found 1/2-inch iron rod for comer,
23) N 81° 42' 09" E for a distance of 66.96 feet to a found 1/2-inch iron rod for comer,
24) S 170 01' 27" E for a distance of 76.08 feet to a found 1/2-inch iron rod for corner,
25) S 44° 05' 02" E for a distance of 56.04 feet to a found 1/2-inch iron rod for corner,
26) S 740 38' 40" E fore distance of 64.82 feet to a found 1/2-inch iron rod for corner,
27) S 38° 00' 14" E for a distance of 52.24 feet to a found 1/2-inch iron rod for corner,
28) S 05° 29' 11" E for a distance of 56.96 feet to a found 1/2-inch iron rod for corner,
29) S 63° 18' 50" E for a distance of 47.38 feet to a found 1/2-inch iron rod for corner,
30) S 22° 56' 48" E for a distance of 146.15 feet to a found 1/2-inch iron rod for comer,
31) S 75° 35' 40" W for a distance of 105.23 feet to a found 1/2-inch iron rod for corner,
32) N 44° 43' 14" W for a distance of 110.18 feet to a found 1/2-inch iron rod for corner
and
33) S 23° 27' 07" W for a distance of 147.76 feet to a found 1/2-inch iron rod marking the
most Westerly corner of Lot 7, Block 1 of said GREAT OAKS SUBDIVISION, PHASE
ONE, said iron rod also being in the Northeast line of the 104.92 acre M.S. Kavanaugh
tract described in Volume 437, Page 581 (B.C.D.R.);
THENCE: N 46' 21' 20" W along the said Northeast line of the said 104.92 acre
Kavanaugh tract for a distance of 1689.12 feet to a found 1/2-inch iron rod marking the
North corner of the said 104.92 acre Kavanaugh tract and the East corner of Lot 9, HOLT
HILLS Subdivision as recorded in Volume 261, Page 887 (B.C.D.R.);
THENCE: N 460 38' 45" W for a distance of 626.69 feet along the Northeast line of said Lot
9 HOLT HILLS Subdivision and the lower Northeast right-of-way line of a County Road
called Walnut Road (based on a 40' width) to a found 1/2-inch iron rod in the asphalt
pavement for an internal ell -corner in said Walnut Road right-of-way, said iron rod being
at or near the before -said common line of the W.H. FRAZIER SURVEY, A-122 and the
JAMES ERWIN SURVEY, A-119;
THENCE: N 410 14' 07" E for a distance of 93.34 feet to a found 1/2-inch iron rod marking
the East corner of a 0.151 acre Walnut Road right-of-way dedication as shown on the
beforementioned QUAIL RUN ESTATES PHASE I Subdivision Plat;
THENCE: N 430 50' 43" E along the common line of the said 208.523 acre Indivisa tract
and QUAIL RUN ESTATES, PHASE 1. for a distance of 826.03 feet to the POINT OF
BEGINNING and containing 31.288 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 August 1, 2012 and January 13,
2013:
Correction Special Warranty Deed:
Grantor: Lieven J. Van Riet
Grantee: BCS Rock Prairie, L.P.
Dated: August 21, 2012
Recorded: Volume 11069, Page 98, Official Records, Brazos County, Texas.
Deed of Trust to secure a Note:
Grantor: BCS Rock Prairie, L.P.
Trustee: Tim Jones
Beneficiary: First Victoria National Bank
Amount: $3,350,000.00
Dated: October 25, 2012
Recorded: Volume 10983, Page 1, 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
THE FOLLOWING COMMITMENT FOR TITLE INSURANCE IS NOT VALID UNLESS YOUR NAME
AND THE POLICY AMOUNT ARE SHOWN IN SCHEDULE A. AND OUR AUTHORIZED
REPRESENTATIVE HAS COUNTERSIGNED BELOW.
COMMITMENT FOR TITLE INSURANCE
ISSUED BY
CHICAGO TITLE INSURANCE COMPANY
We, Chicago Title Insurance Company, will issue our title insurance policy or policies (the Policy) to You
(the proposed insured) upon payment of the premium and other charges due, and compliance with the
requirements in Schedule B and Schedule C. Our Policy will be in the form approved by the Texas Department
of Insurance at the date of issuance, and will insure your interest in the land described in Schedule A. The
estimated premium for our Policy and applicable endorsements is shown on Schedule D. There may be additional
charges such as recording fees, and expedited delivery expenses.
This Commitment ends ninety (90) days from the effective date, unless the Policy is issued sooner, or failure to
issue the Policy is our fault. Our liability and obligations to you are under the express terms of this
Commitment and end when this Commitment expires.
CHICAGO 'n'rLE INSURANCE COMPANY
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Authorized Signature
CONDITIONS AND STIPULATIONS
1. If you have actual knowledge of any matter which may affect the title or mortgage covered by this Commitment, that is not
shown in Schedule B, you must notify us in writing. If you do not notify us in writing, our liability to you is ended or
reduced to the extent that your failure to notify us affects our liability. If you do notify us, or we learn of such matter, we may
amend Schedule B, but we will not be relieved of liability already incurred.
2. Our liability is only to you, and others who are included in the definition of Insured in the Policyto be issued. Our liability is
only for actual loss incurred in your reliance on this Commitment to comply with its requirements or to acquire the interest in the
land. Our liability is limited to the amount shown in Schedule A of this Commitment and will be subject to the following terms of
the Policy: Insuring Provisions, Conditions and Stipulations, and Exclusions.
CHICAGO TITLE INSURANCE COMPANY
TEXAS TITLE INSURANCE INFORMATION
Title Insurance insures you against loss resulting from El seguro de titulo le asegura en relacion a
certain risks to your title, perdidas resultantes de ciertos riesgos que pueden
The Commitment for Title Insurance is the Title afectar el titulo de su propiedad.
Insurance Company's promise to issue the Title El Compromiso para Seguro de Titulo es la promesa de la
Insurance Policy. The Commitment is a legal document. compania aseguradora de titulos de emitir la polizade
You should review it carefully to completely segum de titulo. El Compromiso es un documento legal.
understand it before your closing date. Usted debe leerlo cuidadosamente y entenderlo
complemente antes de la fecha para finalizarso
transaccion.
Your Commitment for Title Insurance is a legal contract between you and us. The Commitment is not an opinion or report
of your title. It is a contract to issue you a Policy subject to the Commitment's terms and requirements.
Before issuing a Commitment for Title Insurance (the Commitment) or a Title Insurance Policy (the Policy), the Title
Insurance Company (the Company) determines whether the title is insurable. This determination has already been
made. Part of that determination involves the Company's decision to insure the title except for certain risks that will not
be covered by the Policy. Some of these risks are listed in Schedule B of the attached Commitment as Exceptions. Other
risks are stated in the Policy as Exclusions. These risks will not be covered by the Policy. The Policy is not an abstract
of title nor does a Company have an obligation to determine the ownership of any mineral interest.
---MINERALS AND MINERAL RIGHTS may not be covered by the Policy. The Company may be
unwilling to insure title unless there is an exclusion or an exception as to Minerals and Mineral Rights in the Policy.
Optional endorsements insuring certain risks involving minerals, and the use of improvements (excluding lawns,
shrubbery and trees) and permanent buildings may be available for purchase. Neither this Policy, nor the optional
endorsements, insure that the purchaser has title to the mineral rights related to the surface estate.
Another part of the determination involves whether the promise to insure is conditioned upon certain requirements being
met. Schedule C of the Commitment lists these requirements that must be satisfied or the Company will refuse to cover
them. You may want to discuss any matters shown in Schedules B and C of the Commitment with an attorney. These
matters will affect your title and your use of the land.
When your Policy is issued, the coverage will be limited by the Policy's Exception, Exclusions and Conditions, defined
below.
EXCEPTIONS are title risks that a Policy generally covers but does not cover in a particular instance.
Exceptions are shown on Schedule B or discussed in Schedule C of the Commitment. They can also be added if you do
not comply with the Conditions section of the Commitment. When the Policy is issued, all Exceptions will be on
Schedule B of the Policy.
---EXCLUSIONS are title risks that a Policy generally does not cover. Exclusions are contained in the Policy
but not shown or discussed in the Commitment.
CONDITIONS are additional provisions that qualify or limit your coverage. Conditions include your
responsibilities and those of the Company. They are contained in the Policy but not shown or discussed in the
Commitment. The Policy Conditions are not the same as the Commitment Conditions.
You can get a copy of the policy form approved by the Texas Department of Insurance by calling Chicago Title Insurance
Company at 1-800-442-4303 or by calling the title insurance agent that issued the Commitment. The Texas Department
of Insurance may revise the policy form from time to time.
You can also get a brochure that explains the Policy from the Texas Department of Insurance by calling 1-800-252- 3439
Form No. 72C 13443 (11/2009) Commitment For Title Insurance (T-7)
Before the Policy is issued, you may request changes in the Policy. Some of the changes to consider are:
---Request amendment of the "area and boundary" exception (Schedule B, paragraph 2). To get this
amendment, you must furnish a survey and comply with other requirements of the Company. On the Owner's Policy,
you must pay an additional premium for the amendment. If the survey is acceptable to the Company and if the
Company's other requirements are met, your Policy will insure you against loss because of discrepancies or conflicts in
boundary lines, encroachments or protrusions, or overlapping of improvements. The Company may then decide not to
insure against specific boundary or survey problems by making special exceptions in the Policy.
Whether or not you request amendment of the "area and boundary" exception, you should determine whether you want
to purchase and review a survey if a survey is not being provided to you.
---Allow the Company to add an exception to "rights of parties in possession." If you refuse this exception, the
Company or the title insurance agent may inspect the property. The Company may except to and not insure you against the
rights of specific persons, such as renters, adverse owners or easement holders who occupy the land. The Company
may charge you for the inspection. If you want to make your own inspection, you must sign a Waiver of Inspection
form and allow the Company to add this exception to your Policy.
The entire premium for a Policy must be paid when the Policy is issued. You will not owe any additional
premiums unless you want to increase your coverage at a later date and the Company agrees to add an Increased Value
Endorsement.
Fond No. 72C13443 (11/2009) Commitment For Title Insurance (T-7)
DELETION OF ARBITRATION PROVISION
(Not applicable to the Texas Residential Owner's Policy)
Arbitration is a common form of alternative dispute resolution. It can be a quicker and cheaper means to settle a dispute
with your Title Insurance Company. However, if you agree to arbitrate, you give up your right to take the Title Company
to court and your rights to discovery of evidence may be limited in the arbitration process. In addition, you cannot
usually appeal an arbitrator's award.
Your policy contains an arbitration provision (shown below). It allows you or the Company to require arbitration if the
amount of insurance is $2,000,000 or less. If you want to retain your right to sue the Company in case of a dispute
over a claim, you must request deletion of the arbitration provision before the policy is issued. You can do this by signing
this form and returning it to the Company at or before the closing of your real estate transaction or by writing to the
Company.
The arbitration provision in the Policy is as follows:
"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 the Arbitrator(s) may be
entered in any court of competent jurisdiction."
SIGNATURE
DATE
Form No. 72C13443 (11/2009) Commitment For Title Insurance (T-7)
Fidelity National Financial, Inc.
Privacy Statement
Fidelity National Financial, Inc, and its subsidiaries ("FNF") respect the privacy and security of your non-public personal information ("Personal
Information") and protecting your Personal Information is one of our top priorities. This Privacy Statement explains FNF's privacy practices,
including how we use the Personal Information we receive from you and from other specified sources, and to whom it may be disclosed. FNF follows
the privacy practices described in this Privacy Statement and, depending on the business performed, FNF companies may share information as
described herein.
Personal Information Collected
We may collect Personal Information about you from the following sources:
• Information we receive from you on applications or other forms, such as your name, address, social security number, tax identification number, asset
information, and income information;
• Information we receive from you through our Internet websites, such as your name, address, email address, Internet Protocol address, the website
links you used to get to our websites, and your activity while using or reviewing our websites;
• Information about your transactions with or services performed by us, our affiliates, or others, such as information concerning your policy, premiums,
payment history, information about your home or other real property, information from lenders and other third parties involved in such transaction,
account balances, and credit card information; and
• Information we receive from consumer or other reporting agencies and publicly recorded documents.
Disclosure of Personal Information
We may provide your Personal Information (excluding information we receive from consumer or other credit reporting agencies) to various
individuals and companies, as permitted by law, without obtaining your prior authorization, Such laws do not allow consumers to restrict these disclosures.
Disclosures may include, without limitation, the following:
• To insurance agents, brokers, representatives, support organizations, or others to provide you with services you have requested, and to enable us
to detect or prevent criminal activity, fraud, material misrepresentation, or nondisclosure in connection with an insurance transaction;
• To third -party contractors or service providers for the purpose of determining your eligibility for an insurance benefit or payment and/or
providing you with services you have requested;
• To an insurance regulatory authority, ora law enforcement or other governmental authority, in a civil action, in connection with a subpoena or a governmental
investigation;
• To companies that perform marketing services on our behalf or to other financial institutions with which we have joint marketing agreements; and/or
• To lenders, lien holders, judgment creditors, or other parties claiming an encumbrance or an interest in title whose claim or interest must be
determined, settled, paid or released prim to a title or escrow closing.
We may also disclose your Personal Information to others when we believe, in good faith, that such disclosure is reasonably necessary to comply with the law or
to protect the safety of our customers, employees, or property and/or to comply with ajudicial proceeding, court order or legal process.
Disclosure to Affiliated Companies - We are permitted by law to share your name, address and facts about your transaction with other FNF
companies, such as insurance companies, agents, and other real estate service providers to provide you with services you have requested, for marketing
or product development research, or to market products or services to you. We do not, however, disclose information we collect from consumer or credit
reporting agencies with our affiliates or
others without your consent, in conformity with applicable law, unless such disclosure is otherwise permitted by late.
Disclosure to Nonaffiliated Third Parties - We do not disclose Personal Information about our customers or former customers to nonaffiliated third
parties, except as outlined herein or as otherwise permitted by law.
Confidentiality and Security of Personal Information
We restrict access to Personal Information about you to those employees who need to know that information to provide products or services to you.
We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard Personal Information.
Access to Personal Information/
Requests for Correction, Amendment, or Deletion of Personal Information
As required by applicable law, we will afford you the right to access your Personal Information, under certain circumstances to find out to whom your
Personal Information has been disclosed, and request correction or deletion of your Personal Information. However, FNF's current policy is to maintain
customers' Personal Information for no less than your state's required record retention re uh ements for the purpose of handling future covera a claims.
For your protection, all requests made under this section must be in writing and must include your notarized signature to establish your identity. Where
permitted by law, we may charge a reasonable fee to cover the costs incurred in responding to such requests. Please send requests to: ChiefPrivacy
Officer
Fidelity National Financial, Inc.
601 River side Avenue
Jacksonville, FL 32204
Changes to this Privacy Statement
This Privacy Statement may be amended from time to time consistent with applicable privacy laws. When we amend this Privacy Statement, we will post a
notice of such changes on our website. The effective date of this Privacy Statement, as stated above, indicates the last time this Privacy Statement was
revised m materially changed.
Form No. 72C 13443 (10009) Commitment For Title Insurance (T-7)