HomeMy WebLinkAboutTitle ReportTHE REPORT
GF No.: 132348
Certification Date: May 5, 2013
Examiner: JMP
Property Description:
Tract One:
Field Notes of a 360.00 acre tract or parcel of land, lying and being situated in the J. M. Barrera Survey,
Abstract No. 69, Brazos County, Texas, and being that certain 360.00 acre tract which is described as the
SAVE AND EXCEPT tract in the Deed from Brazos Coal, Ltd., to Thousand Oaks Development Company
Joint Venture as recorded in Volume 1454, Page 187, of the Official Records of Brazos County, Texas,
and is further described in the Correction Partition Warranty Deed recorded in Volume 1569, Page: 119, of
the Official Records of Brazos County, Texas, and is part of the called 547.1 acre tract and part of the
called 409.2 acre tract and part of the called 281.6 acre tract described in the deed from J. W. McFarlane,
Trustee, to Brazos Coal, Limited, as recorded in Volume 543, Page 769, of the Deed Records of Brazos
County, Texas, and said 360.00 acre tract being more particularly described as follows:
COMMENCING at the'/z" iron rod found marking an angle point corner in the north line of the 152.93 acre
Tract 5, described in the Deed to Thousand Oaks Development Company Joint Venture as recorded in
Volume 1454, Page 187, of the Official Records of Brazos County, Texas, same being the Southeast
corner of the called 107.349 acre (net) Tract 7, described in the above mentioned Volume 1454, Page
187, of the Official Records of Brazos County, Texas, and same being the Southwest corner of the South
end of Cherokee Drive (60' wide right-of-way) according to the plat of Indian Oaks Subdivision recorded in
Volume 361, Page 593, of the Deed Records of Brazos County, Texas, from which a crosstie fence corner
bears S 631 17' 52" W -1.3 feet;
THENCE S 510 22' 23" W across the before mentioned 152.93 acre tract for a distance of 3590.36 feet to
a 3/8" iron rod found at a 6" cedar post fence corner marking the Southwest corner of the 152.93 acre
tract;
THENCE along the North line of the following McFarlane Tracts: 1213.537 acre - 2nd Tract, Volume 315,
Page 243; 235.123 acre tract, Volume 1817, Page 154; and the 1215.830 acre - 1 st Tract, Volume 315,
Page 243, same being the occupied south line of the 547.1 acre - Tract 1 (consisting of a 326.6 acre tract
and a 220.5 acre tract, Volume 382, Page 37), and the 409.2 acre - Tract 2, described in the above
mentioned Volume 1454, Page 187, of the Official Records of Brazos County, Texas), (consisting of a
157.7 acre tract and a 251.5 acre tract, Volume 382, Page 31), adjacent to a crooked fence, as follows:
S 46° 56' 57" W for a distance of 173.90 feet to a 318" iron rod found marking the Northwest corner of the
1213.537 acre tract, same being the Northeast corner of the 235.123 acre tract,
S 47' 57' 31" W for a distance of 269.65 feet to a 12" water oak tree fence angle point;
S 59' 49' 55" W for a distance of 113.55 feet to a 16" post oak tree fence angle point,
S 870 36' 13" W for a distance of 1364.03 feet to a 4" creosote post fence corner at the West end of a
cattle guard entrance at or near the common corner of the 235.123 acre tract and the 1215.830 acre tract,
N 89° 09' 06" W for a distance of 247.35 feet to a %" iron rod set at the Southeast corner of the 360.00
acre tract, for the PLACE OF BEGINNING of this description;
THENCE N 890 09' 06" W continuing along the North line of the before mentioned 1215.830 acre tract and
the South line of the before mentioned 251.5 acre tract, adjacent to a fence, for a distance of 1690.69 feet
to a 3/8" Iron rod found (bent) marking the Northwest corner of the 1215.830 acre tract, same being the
_ � ..__—_.-_.. __..__- -11w- ooa C +-r+ i., tr.e cast lino of the Frank B. McGreaor
corner of the 251.5 acre tract, same being an interior ell corner of the 320 acre tract,
N 00' 15' 38" W at a distance of 833.33 feet, pass a crosstie fence corner marking a Northeast corner of
the 320 acre tract, same being the Southeast corner of the before mentioned 157.7 acre tract, continue on
along the common line between the 157.7 acre tract and the 251.5 acre tract, the before mentioned 281.6
acre tract and the before mentioned 326.6 acre tract, for a distance of 4384.94 feet to a'/" iron rod set;
THENCE along the lines of the 360.00 acre tract and through the interior of the before mentioned 281.6
acre and 220.5 acre tracts, as follows:
N 890 44' 22" E for a distance of 3286.58 feet to a'/" iron rod set, from which a 1/2" iron rod found in
concrete marking the occupied interior ell corner of the 281.6 acre tract bears N 33101' 16" W - 390.21
feet;
S 000 15' 38" E for a distance of 5152.71 feet to the PLACE OF BEGINNING, containing 360.00 acres of
land, more or less.
Bearings based on True North, as obtained IDy Solar Observation.
Tract Two:
Field notes of a 1037.24 acre tract or parcel of land, lying and being situated in the H. G. Hudson Survey,
Abstract No. 141, in the J. W. Stewart Survey, Abstract No. 213 and in the J. M. Barrera Survey, Abstract
No. 69, Brazos County, Texas, and being part of the called 547.1 acre Tract 1 (consisting of a 326.6 acre
tract and a 220.5 acre tract, Volume 382, Page 37), part of the called 409.2 acre - Tract 2 (consisting of a
157.7 acre tract and a 251.5 acre tract, Volume 382, Page 31), all of the called 152.93 acre Tract 5 and
part of the called 281.6 acre Tract 6 described in the Deed from Brazos Coal, Ltd., to Thousand Oaks
Development Company Joint Venture as recorded in Volume 1454, Page 187, of the Official Records of
Brazos County, Texas, and said 1037.24 acre tract being more particularly described as follows:
BEGINNING at the'/2" iron rod found marking an angle point corner in the North line of the before
mentioned 152.93 acre tract, same being the Southeast corner of the called 107.349 acre (net) Tract 7,
described in the above mentioned Volume 1454, Page 187, of the Official Records of Brazos County,
Texas, and same being the Southwest corner of the South end of Cherokee Drive (60' wide right-of-way)
according to the plat of Indian Oaks Subdivision recorded in Volume 361, Page 593, of the Deed Records
of Brazos County, Texas, from which a crosstie fence corner bears S 63° 17' 52" W - 1.3 feet;
THENCE along the North line of the before mentioned 152.93 acre tract, same being the South line of the
before mentioned Indian Oaks Subdivision, adjacent to a fence, as follows:
N 780 06' 44" E for a distance of 60.31 feet to a 3/8" iron rod found marking the Southeast corner of said
Cherokee Drive, same being the Southwest corner of Lot 16, Indian Oaks Subdivision;
N 760 43' 21" E for a distance of 376.15 feet to a 16" black jack oak tree fence corner at the most
Southerly Southeast corner of said Lot 16;
THENCE S 410 01' 33" E continuing along the north line of the before mentioned 152.93 acre tract, for a
distance of 18.39 feet to an 18" tree stump fence corner;
THENCE S 00° 42' 13" E along the East line of the before mentioned 152.93 acre tract, same being the
West line of the Valenta - called 167.609 acre tract, Volume 3160, Page 182, of the Official Records of
Brazos County, Texas, adjacent to a fence, for a distance of 2075.08 feet to a 3/8" iron rod found at a 16"
pecan tree (dead) fence corner marking the Southeast corner of the 152.93 acre tract, same being the
Northeast corner of the McFarlane - called 141.460 acre tract, Volume 341, Page 125, of the Deed
Records of Brazos County, Texas;
THENCE S 88° 58' 40" W along the common line between the before mentioned 152.93 acre tract and the
before mentioned 141.460 acre tract, adjacent to, North of and South of a crooked fence line, for a
distance of 2494.09 feet to a'/z' iron rod set at the Northwest corner of the 141.460 acre tract, same being
an angle point corner of the 152.93 acre tract, from which a crosstie fence angle point bears N 69° 44' 21"
E - 59 feet;
before mentioned 251.5 acre tract, adjacent to a crooked fence, as follows:
S 46' 56' 57" W for a distance of 173.90 feet to a 318" iron rod found marking the Northwest corner of the
1213.537 acre tract, same being the Northeast corner of the 235.123 acre tract;
S 470 57' 31" W for a distance of 269.65 feel: to a 12" water oak tree fence angle point;
S 590 49' 55" W for a distance of 113.55 feet to a 16" post oak tree fence angle point;
S 870 36' 13" W for a distance of 1364.03 feet to a 4" creosote post fence corner at the west end of a
cattle guard entrance at or near the common corner of the 235.123 acre tract and the 1215.830 acre tract;
N 890 09, 06" W for a distance of 247.35 feet to a %i' iron rod set at the Southeast corner of the 360.00
acre tract described in Volume 1569, Page 118, of the Official Records of Brazos County, Texas, from
which a 3/8" iron rod found (bent) marking the Northwest corner of the 1215.830 acre tract bears N 890 09'
06" W 1681.38 feet;
THENCE along the reconstructed lines of the before mentioned 360.00 acre tract, through the interior of
the before mentioned 220.5 acre tract and the before mentioned 281.6 acre - Tract 6, as follows:
N 000 15' 38" W for a distance of 5152.71 feet to a Yz' iron rod set at the Northeast corner of the 360.00
acre tract, from which a %' iron rod found in concrete marking the occupied interior ell corner of the 281.6
acre tract bears N 330 01' 16" W - 390.21 feet;
S 890 44' 22" W for a distance of 3286.58 feet to a''/2" iron rod set at the Northwest corner of the 360.00
acre tract;
S 000 15' 38" E for a distance of 3551.61 feet to a crosstie fence corner marking the occupied Southeast
corner of the before mentioned 157.7 acre tract, same being a Northeast corner of the called 320 acre -
Frank B. McGregor tract described in Volume 'l Page 387, of the Deed Records of Brazos County,
Texas, from which the :southwest corner of the 215.5 acre tract, same being the Southwest corner of the
360.00 acre tract bears S 000 15' 38" E - 833.33 feet;
THENCE along the Southerly lines of the before mentioned 157.7 acre tract, same being the Northerly
lines of the before mentioned McGregor - 320 acre tract, adjacent to a fence, as follows:
S 890 44' 22" W for a distance of 1854.96 feet to a 4" creosote post fence corner;
N 020 09' 26" W for a distance of 556.07 feet to a crosstie fence corner;
S 890 32' 06" W for a distance oi' 622.21 feet to a 10" creosote post fence comer marking the Southwest
corner of the 157.7 acre tract, same being the Southeast corner of the Smith - called 468.48 acre tract,
Volume 2533, Page 315, of the Official Records of Brazos County, Texas;
THENCE along the West line of the before mentioned 157.7 acre tract and the before mentioned 326.6
acre tract, same being the East lone of the before mentioned 468.48 acre tract, adjacent to a fence, as
follows;
N 00' 29" 32" W for a distance of 1296.07 feet to a 10" creosote post fence angle point;
N 000 26' 28" W for a distance of 2924.95 feet to an 8" creosote post fence corner;
N 00' 29' 53" E at a distance of 1598 feet, cross the center of an existing gravel well access road, with
cattle guard entrance (this entrance being at the Southeast end of Arrington Road (County Road)),
continue on at a distance of 1620.7 feet, pass a crosstie fence corner at the North end of cattle guard
entrance marking the Northeast corner of the 468.48 acre tract, continue on for a total distance of 1625.53
feet to a'/" iron rod set for the Northwest corner of the 326.6 acre tract in the South line of the 76.252
acre tract described in Volume 2259, Page 19, of the Official Records of Brazos County, Texas;
THENCE N 89' 04' 25" E along the North line of the before mentioned 326.6 acre tract, same being the
South line of the before mentioned 76.252 acre tract and same being along the common line between the
before mentioned Barrera Survey, A-69 and the S. D. Smith Survey, A-210, adjacent to a fence, at a
S 006 30' 04" W for a distance of 1487.15 feet to a%" iron rod found (bent) in concrete marking the
common corner between the 16,67 acre and 17.417 acre tracts;
S 01" 10' 19" W for a distance of 1098.69 feet to a'/2" iron rod found in concrete marking the occupied
interior ell corner of the 281.6 acre tract, same being the Southwest corner of the 17.417 acre tract;
THENCE along the occupied North lines of the before mentioned 281.6 acre tract, same being the South
line of the before mentioned 17.417 acre tract, the Fleming - called 18.307 acre tract Volume 296, Page
236, of the Deed Records of Brazos County, Texas, the Flanagan - called 18.071 acre tract, Volume 1201,
Page 754, of the Official Records of Brazos County, Texas, the Restino - called 18.163 acre tract, Volume
297, Page 753, of the Deed Records of Brazos County, Texas, and the Crystal Chen Wiseman - called
102.504 acre tract, Volume 1228, Page 792, of the Official Records of Brazos County, Texas, adjacent to
a fence, as follows:
S 880 33' 59" E at a distance of 698.15 feet, pass a''/2" iron rod found at the common corner between the
17.417 acre and 18.307 acre tracts, continue on for a total distance of 2141.13 feet to a'/2" iron rod found
at a Northeast corner of the 281.6 acre tract and the Southeast corner of the 18,071 acre tract;
S 000 16' 24" E for a distance of 54.78 feet to a 5/8" iron rod found at a 2" cedar post fence corner marking
an interior ell corner of the 281.6 acre tract, same being the Southwest corner of the 18.163 acre tract,
from which a'/2" iron rod found in concrete bears N 830 43' 52" E - 0.92 feet;
S 880 07' 50" E for a distance of 401.80 feet to a 3/8" iron rod found at a 2" cedar post fence corner
marking the Southeast corner of the 18.163 acre tract, same being the most Westerly Southwest corner of
the 102.504 acre tract;
N 890 17' 54" E for a distance of 723.67 feet to a'/2" iron rod found in concrete at a 4" creosote post fence
corner marking an interior ell corner of the 102.504 acre tract and the occupied Northeast corner of the
281.6 acre tract;
THENCE S 000 42' 44" E along the East line of the before mentioned 281.6 acre tract and the before
mentioned 547.1 acre tract, same being the Southwesterly line of the before mentioned 102.504 acre
tract, adjacent to a fence, for a distance of 2756.30 feet to a Ma" iron rod found in concrete at a crosstie
fence corner marking the most Northerly Southeast corner of the 547.1 acre tract in the North line of the
before mentioned 152.93 acre tract, from which a Yi' iron rod found at a 6" creosote post fence corner
marking the Northwest corner of the 152.93 acre tract bears S 89" 36' 28" W - 1055.24 feet;
THENCE along the North line of the before mentioned 152.93 acre tract, adjacent to a fence, as follows:
S 890 23' 33" E along the South line of the before mentioned 102.504 acre tract for a distance of 610.85
feet to a %" iron rod found in concrete marking the common corner between the 102.504 acre tract and
the before mentioned 107.349 acre tract, from which a Yz' iron rod found bears S 810 50' 53" E - 3.17 feet,
and a crosstie fence corner bears N 030 00' 20" E - 0.9 feet;
N 87' 43' 28" E for a distance of 1166.54 feet to the PLACE OF BEGINNING, containing 1037.24 acres of
land, more or less.
Bearings based on True North, as obtained by Solar Observation.
SAVE AND EXCEPT: from Tracts One & Two
Indian Lakes Subdivision Phases 1 - 11 and Phase 13
LEAVING TWO (2) TRACTS CALLED 422.078 acres on Brazos County Tax Account R14678 and 84.11
acres on Brazos County Tax Account R350168.
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.
Grantor: Smiling Mallard Development, Ltd.
Trustee: Timothy N. Bryan
Beneficiary: The First National Bank of Bryan
Amount: $4,000,000.00
Dated: August 29, 2002
Recorded: Volume 4824, Page 36, Official Records, Brazos County, Texas.
Said Note being additionally secured by Assignment of Agreements Affecting Real Estate:
Dated: August 29, 2002
Recorded: Volume 4824, Page 75, Official Records, Brazos County, Texas.
Said lien being assigned to Prosperity Bank by Assignment:
Dated: April 21, 2009
Recorded: Volume 9061, Page 262, Official Records, Brazos County, Texas.
Correction Deed of Trust to secure a Note:
Grantor: Smiling Mallard Development, Ltd.
Trustee: Timothy N. Bryan
Beneficiary: The First National Bank of Bryan
Amount: $1,725,000.00
Dated: February 19, 2004
Recorded: Volume 7226, Page 123, Official Records, Brazos County, Texas.
Said Note being additionally secured by Assignment of Agreements Affecting Real Estate:
Dated: February 19, 2004
Recorded: Volume 6586, Page 247, Official Records, Brazos County, Texas.
Said lien being assigned to Prosperity Bank by Assignment:
Dated: April 21, 2009
Recorded: Volume 9061, Page 27, Official Records, Brazos County, Texas.
Deed of Trust to secure a Note:
Grantor: Smiling Mallard Development, Ltd.
Trustee: David Zalman
Beneficiary: Prosperity Bank
Amount: $500,000.00
Dated: January 23, 2013
Recorded: Volume 11148, Page 115, Official Records, Brazos County, Texas.
Restrictions:
Volume 5375, Page 33, Official Records, Brazos County, Texas.
Exceptions:
Right of Way Easement:
From: G. M. Arnold, et al
To: Sinclair Refining Company
Dated: February 26, 1947
Recorded: Volume 132, Page 48, Deed Records, Brazos County, Texas; and
Dated: September 11, 1947
Recorded: Volume 132, Page 133, Deed Records, Brazos County, Texas.
Assignment of Right of Way Easements:
From: Sinclair Refining Company
Recorded: Volume 2217, Page 231, Official Records, Brazos County, Texas.
Amended in Instrument by and between:
Parties: Thousand Oaks Development Company Joint Venture and Citgo Products Pipeline Company
Dated: January 25, 2001
Recorded: Volume 4050, Page 98, Official Records, Brazos County, Texas.
60' Wide Right of Way Easement:
From: R. C. Dunn
To: City of Bryan
Dated: August 25, 1961
Recorded: Volume 213, Page 503, Deed Records, Brazos County, Texas.
30' Wide Pipeline Easement:
From: Thousand Oaks Development Company Joint Venture
To: Aquila Southwest Pipeline Corporation
Dated: January 22, 1993
Recorded: Volume 1714, Page 216, Official Records, Brazos County, Texas.
30' Wide Pipeline Easement as Depicted Adjacent and Parallel to North Boundary Line of Tract Two:
From: Thousand Oaks Development Company Joint Venture
To: Aquila Southwest Pipeline Corporation
Dated: April 13, 1993
Recorded: Volume 1843, Page 1, Official Records, Brazos County, Texas.
30' Wide Pipeline Easement Granted in Right of Way Agreement:
From: Thousand Oaks Development Company Joint Venture
To: Ferguson Burleson County Gas Gathering System
Dated: November 18, 1993
Recorded: Volume 2065, Page 38, Official Records, Brazos County, Texas.
15' W ide Pipeline Easement:
From: Thousand Oaks Development Company Joint Venture
To: Ferguson Burleson County Gas Gathering System
Dated: January 22, 1993
Recorded: Volume 2065, Page 41, Official Records, Brazos County, Texas.
10' Wide Communication Easement Granted in Easement and Right of Way Agreement by and between:
From: Thousand Oaks Development Company Joint Venture and Williams Communications, Inc. d/b/a
Vyvx, Inc.
Dated: September 27, 1999
Recorded: Volume 3622, Page 73, Official Records, Brazos County, Texas.
30' Wide Road Easement along Portion of Tract Two Adjacent to Lot 16 of Indian Oaks Subdivision:
From: Thousand Oaks Development Company Joint Venture
To: Earline D. Tison, at al
Dated: June 1, 1998
Recorded: Volume 3160, Page 176, Official Records, Brazos County, Texas.
Easement:
From: Smiling Mallard Development, Ltd.
To: City of Bryan
Dated: November 9, 2005
Recorded: Volume 7773, Page 183, Official Records, Brazos County, Texas.
Easement:
From: Smiling Mallard Development, Ltd.
To: Wellborn Special Utility District
Dated: July 14, 2009
Recorded: Volume 9335, Page 227, Official Records, Brazos County, Texas.
Terms, Conditions, and Stipulations in the Ground Lease Agreement by and between:
Recorded: Volume 71, Page 61, Deed Records, Brazos County, Texas. Title to said interest has not
been investigated subsequent to the date of the aforesaid instrument.
Mineral Deed:
By: J. Walter Smith, at ux
To: John D. Rogers
Dated: April 9, 1938
Recorded: Volume 96, Page 94, Deed Records, Brazos County, Texas. Title to said interest has not
been investigated subsequent to the date of the aforesaid instrument.
Mineral Deed:
By: R. W. Ivy, at ux
To: G. M. Arnold, et ux
Dated: December 4, 1953
Recorded: Volume 161, Page 497, Deed Records, Brazos County, Texas. Title to said interest has not
been investigated subsequent to the date of the aforesaid instrument.
Mineral Reservation in Deed:
By: Thousand Oaks Development Company Joint Venture
To: Smiling Mallard Development, Ltd.
Dated: July 26, 2001
Recorded: Volume 4247, Page 51, Official Records, Brazos County, Texas. Title to said interest has not
been investigated subsequent to the date of the aforesaid instrument.
Mineral Partition Deed:
Parties: Brazos Coal, Limited; Global Natural Resources Corporation of Nevada and Isidore Miller
Dated: January 1, 1992
Recorded: Volume 1454, Page 179, Official Records, Brazos County, Texas.
Correction Mineral Partition Deed:
Recorded: Volume 1569, Page 118, Official Records, Brazos County, Texas.
As Modified by Surface Waiver:
Recorded: Volume 4251, Page 1 and Volume 5505, Page 222, Official Records, Brazos County, Texas.
Title to said interest has not been investigated subsequent to the date of the aforesaid instrument.
Partition Warranty Deed:
Parties: Thousand Oaks Development Company Joint Venture; Global Natural Resources Corporation of
Nevada and Isidore Miller
Dated: July 7, 1994
Recorded: Volume 2.174, Page 222, Official Records, Brazos County, Texas. Title to said interest has nol
been investigated subsequent to the date of the aforesaid instrument.
Surface Waiver & Drillsite Designation:
From: Thousand Oaks Development Company Joint Venture
To: Public
Dated: July 26, 2001
Recorded: Volume 4247, Page 83, Official Records, Brazos County, Texas.
Amended:
Recorded: Volume 5146, Page 125, Official Records, Brazos County, Texas. Title to said interest has
not been investigated subsequent to the date of the aforesaid instrument.
Royalty Deed:
By: W. L. Williams
To: M. P. Walker
Dated: May 7, 1938
Recorded: Volume 96, Page 232, Deed Records, Brazos County, Texas. Title to said interest has not
been investigated subsequent to the date of the aforesaid instrument.
Estate Created by Oil and Gas Lease, and all terms, conditions and stipulations therein:
Lessor: George M. Arnold, et ux, et al
Ratified and Amended in Instruments:
Recorded: Volume 1179, Page 36: Volume 1180, Page 625; Volume 1216, Page 17 and Volume 1713,
Page 325, Official Records, Brazos County, Texas. Title to said interest has not been investigated
subsequent to the date of the aforesaid instrument.
Upon examination of the public records Elrazos County, Texas, we find no exception to title of the
subject property other than those shown above. This Title Report is issued with the express
understanding, evidenced by acceptance of same, that the liability of the undersigned is limited to
the actual monetary consideration paid for same.
University Title Company
TITLE REPORT for UNIVERSITY TITLE COMPANY
1021 University Dr. East, College Station, Texas 77840
G.F. No.: 00112523
Certification Date: January 6, 2013
Examiner: JMP
Property Description:
Tract One:
Field Notes of a 360.00 acre tract or parcel of land, lying and being situated in the J. M. Barrera Survey,
Abstract No. 69, Brazos County, Texas, and being that certain 360.00 acre tract which is described as the
SAVE AND EXCEPT tract in the Deed from Brazos Coal, Ltd., to Thousand Oaks Development Company
Joint Venture as recorded in Volume 1454, Page 187, of the Official Records of Brazos County, Texas,
and is further described in the Correction Partition Warranty Deed recorded in Volume 1569, Page 119, of
the Official Records of Brazos County, Texas, and is part of the called 547.1 acre tract and part of the
called 409.2 acre tract and part of the called 281.6 acre tract described in the deed from J. W. McFarlane,
Trustee, to Brazos Coal, Limited, as recorded in Volume 543, Page 769, of the Deed Records of Brazos
County, Texas, and said 360.00 acre tract being more particularly described as follows:
COMMENCING at the %" iron rod found marking an angle point corner in the north line of the
152.93 acre Tract 5, described in the Deed to Thousand Oaks Development Company Joint Venture as
recorded in Volume 1454, Page 187, of the Official Records of Brazos County, Texas, same being the
Southeast comer of the called 107.349 acre (net) Tract 7, described in the above mentioned Volume 1454,
Page 187, of the Official Records of Brazos County, Texas, and same being the Southwest corner of the
South end of Cherokee Drive (60' wide right-of-way) according to the plat of Indian Oaks Subdivision
recorded in Volume 361, Page 593, of the Deed Records of Brazos County, Texas, from which a crosstie fence
corner bears S 63' 17' 52" W - 1.3 feet;
THENCE S 510 22' 23" W across the before mentioned 152.93 acre tract for a distance of 3590.36 feet to a
3/8" iron rod found at a 6" cedar post fence corner marking the Southwest corner of the 152.93 acre
tract;
THENCE along the North line of the following McFarlane Tracts: 1213.537 acre - 2nd Tract, Volume 315,
Page 243; 235.123 acre tract, Volume 1817, Page 154; and the 1215.830 acre - 1st Tract, Volume 315, Page
243, same being the occupied south line of the 547A acre - Tract 1 (consisting of a 326.6 acre tract and a
220.5 acre tract, Volume 382, Page 37), and the 409.2 acre - Tract 2, described in the above mentioned
Volume 1454, Page 187, of the Official Records of Brazos County, Texas), (consisting of a 157.7 acre tract
and a 251.5 acre tract, \blume 382, Page 31), :rljacent to a crooked fence, as follows:
S 460 56' 57" W for a distance of 173.90 feet to a 3/8" iron rod found marking the Northwest corner of the
1213.537 acre tract, same being the Northeast corner of the 235.123 acre tract,
S 47' 57' 31" W for a distance of 269.65 feet to a 12" water oak tree fence angle point;
S 590 49' 55" W for a distance of 113.55 feet to a 16" post oak tree fence angle point,
S 87' 36' 13" W for a distance of 1364,03 feet to a 4" creosote post fence corner at the West end of a cattle.
guard entrance at or near the common corner of the 235.123 acre tract and the 1215.830 acre tract,
N 890 09' 06" W for a distance of 247.35 feet to a ''%" iron rod set at the Southeast corner of the 360.00 acre
tract, for the PLACE OF BEGINNING of this description;
THENCE N 890 09' 06" W continuing along the North line of the before mentioned 1215.830 acre tract
and the South line of the before mentioned 251.5 acre tract, adjacent to a fence, for a distance of 1690.69
feet to a 3/8" iron rod found (bent) marking the Northwest corner of the 1215.830 acre tract, same being
the occupied Southwest corner of the 251.5 acre tract in the reconstructed cast line of the Frank B.
corner of the 251.5 acre tract, same being an interior ell corner of the 320 acre tract,
N 00' 15' 38" W at a distance of 833.33 feet, pass a crosstie fence corner marking a Northeast corner of the
320 acre tract, same being the Southeast corner of the before mentioned 157.7 acre tract, continue on
along the common line between the 157.7 acre tract and the 251.5 acre tract, the before mentioned 281.6
acre tract and the before mentioned 326.6 acre tract, for a distance of 4384.94 feet to a %" iron rod set;
THENCE along the lines of the 360.00 acre tract and through the interior of the before mentioned 281.6
acre and 220.5 acre tracts, as follows:
N 89" 44' 22" E for a distance of 3286.58 feet to a 2%" iron rod set, from which a 1/2" iron rod found in
concrete marking the occupied interior ell corner of the 281.6 acre tract bears N 33" 01, 16" W - 390.21
feet;
S 00' 15' 38" E for a distance of 5152.71 feet to the PLACE OF BEGINNING, containing 360.00 acres of
land, more or less.
Bearings based on True North, as obtained by Solar Observation.
Tract Two:
Field notes of a 1037.24 acre tract or parcel of land, lying and being situated in the H. G. Hudson Survey,
Abstract No. 141, in the J. W. Stewart Survey, Abstract No. 213 and in the J. M. Barriers Survey, Abstract
No. 69, Brazos County, Texas, and being part of the called 547.1 acre Tract i (consisting of a 326.6 acre
tract and a 220.5 acre tract, Volume 382, Page 37), part of the called 409.2 acre - Tract 2 (consisting of a
157.7 acre tract and a 251.5 acre tract, Volume 382, Page 31), all of the called 152.93 acre Tract 5 and
part of the called 281.6 acre Tract 6 described in the Deed from Brazos Coal, Ltd., to Thousand Oaks
Development Company Joint Venture as recorded in Volume 1454, Page 187, of the Official Records of
Brazos County, Texas, and said 1037.24 acre tract being more particularly described as follows:
BEGINNING at the'/2" iron rod found marking an angle point corner in the North line of the before
mentioned 152.93 acre tract, same being the Southeast corner of the called 107.349 acre (net) Tract 7,
described in the above mentioned Volume 1454, Page 187, of the Official Records of Brazos County,
Texas, and same being the Southwestcorner of the South end of Cherokee Drive (60' wide right-of-
way) according to the plat of Indian Oaks Subdivision recorded in Volume 361, Page 593, of the Deed
Records of Brazos County, Texas, from which a crosstie fence corner bears S 63' 17' 52" W - 1.3 feet;
THENCE along the North line of the before mentioned 152.93 acre tract, same being the South line of
the before mentioned Indian Oaks Subdivision, adjacent to a fence, as follows:
N 78' 06' 44" E for a distance of 60.31 feet to a 3/8" iron rod found marking the Southeast corner of said
Cherokee Drive, same being the Southwest corner of Lot 16, Indian Oaks Subdivision;
N 76" 43' 21" E for a distance of 376.15 feet to a 16" black jack oak tree fence corner at the most
Southerly Southeast corner of said Lot 16;
THENCE S 410 01' 33" E continuing along the north line of the before mentioned 152.93 acre tract, for a
distance of 18.39 feet to an 18" tree stump fence corner;
THENCE S 000 42' 13" E along the East line of the before mentioned 152.93 acre tract, same being the
West line of the Valenta - called 167.609 acre tract, Volume 3160, Page 182, of the Official Records of
Brazos County, Texas, adjacent to a fence, for a distance of 2075.08 feet to a 318" iron rod found at a
16" pecan tree (dead) fence corner marking the Southeast corner of the 152.93 acre tract, same being
the Northeast corner of the McFarlane - called 141.460 acre tract, Volume 341, Page 125, of the Deed
Records of Brazos County, Texas;
THENCE S 880 58' 40" W along the common line between the before mentioned 152.93 acre tract and
the before mentioned 141.460 acre tract, adjacent to, North of and South of a crooked fence line, for a
distance of 2494.09 feet to a Y2" iron rod set at the Northwest corner of the 141.460 acre tract, same
being an angle point corner of the 152.93 acre tract, from which a crosstie fence angle point bears N 69'
44' 21" E - 59 feet;
Volume 315, Page 243, same being the occupied South line of the before mentioned 220.5 acre tract and the
before mentioned 251.5 acre tract, adjacent to a crooked fence, as follows:
S 46' 56' 57" W for a distance of 173.90 feet to a 3/8" iron rod found marling the Northwest corner of the
1213.537 acre tract, same being the Northeast corner of the 235.123 acre tract;
S 47' 57' 31" W for a distance of 269.65 feet to a 12" water oak tree fence angle point;
S 590 49' 55" W for a distance of 113.55 feet to a 16" post oak tree fence angle point;
S 87' 36' 13" W for a distance of 1364.03 feet to a 4" creosote post fence corner at the west end of a cattle
guard entrance at or near the common corner of the 235.123 acre tract and the 215.830 acre tract;
N 890 09' 06" W for a distance of 247.35 feet to a %" iron rod set at the Southeast corner of the 360.00
acre tract described in Volume 1569, Page 118, of the Official Records of Brazos County, Texas, from
which a 3/8" iron rod found (bent) marking the Northwest corner of the 1215.830 acre tract bears N 89'
09' 06" W 1681.38 feet;
THENCE along the reconstructed lines of the before mentioned 360.00 acre tract, through the interior
of the before mentioned 220.5 acre tract and the before mentioned 281.6 acre - Tract 6, as follows;
N 00' 15' 38" W for a distance of 5152.71 feet to a%" iron rod set at the Northeast corner of the 360.00 acre
tract, from which a '/" iron rod found in concrete marking the occupied interior ell corner of the 281.6 acre
tract bears N 33' 01' 16" W - 390.21 feet;
S 89' 44' 22" W for a distance of 3286.58 feet to a %" iron rod set at the Northwest corner of the 360.00
acre tract;
S 00' 15' 38" E for a distance of 3551.61 feet to a crosstie fence corner marking the occupied Southeast
corner of the before mentioned 157.7 acre tract, same being a Northeast corner of the called 320 acre -
Frank B. McGregor tract described in Volume "P", Page 387, of the Deed Records of Brazos County,
Texas, from which the Southwest corner of the 215.5 acre tract, same being the Southwest corner of the
360.00 acre tract bears S 00' 15' 38" E - 833.33 feet;
THENCE along the Southerly tines of the before mentioned 157.7 acre tract, same being the Northerly lines
of the before mentioned McGregor - 320 acre tract, adjacent to a fence, as follows:
S 89' 44' 22" W for a distance of 1854.96 feet to a 4" creosote post fence corner;
N 02' 09' 26" W for a distance of 556.07 feet to a crosstie fence corner;
S 89' 32' 06" W for a distance of 622.21 feet to a 10" creosote post fence corner marking the Southwest
corner of the 157.7 acre tract, same being the Southeast corner of the Smith - called 468.48 acre tract,
Volume 2533, Page 315, of the Official Records of Brazos County, Texas;
THENCE along the West line of the before mentioned 157.7 acre tract and the before mentioned 326.6 acre
tract, same being the East line of the before mentioned 468.48 acre tract, adjacent to a fence, as follows;
N 00' 29" 32" W for a distance of 1296.07 feet to a 10" creosote post fence angle point;
N 00' 26' 28" W for a distance of 2924.95 feet to an 8" creosote post fence corner;
N 000 29' 53" E at a. distance of 1598 feet, cross the center of an existing gravel well access road, with
cattle guard entrance (this entrance being at the Southeast end of Arrington Road (County Road)), continue
on at a distance of 1620.7 feet, pass a crosstie fence corner at the North end of cattle guard entrance
marking the Northeast corner of the 468.48 acre tract, continue on for a total distance of 1625.53 feet to
a '/" iron rod set for the Northwest corner of the 326.6 acre tract in the South line of the 76.252 acre tract
described in Volume 2259, Page 19, of the Cfficial Records of Brazos County, Texas;
THENCE N 890 04' 25" E along the North line of the before mentioned 326.6 acre tract, same being the
South line of the before mentioned 76.252 acre tract and same being along the common line between the
hnfnrn mnn Knnnd A..' A-60 .„a thn Q n Sm14h C..r.m.r A-71n nd:onnnf fn . fi,nr., of o
S 00 30' 04" W for a distance of 1487.15 feet to a Y2" iron rod found (bent) in concrete marking the
common corner between the 16.67 acre and 17.41.7 acre tracts;
S 010 10' 19" W for a distance of 1098.69 feet to a 1/z" iron rod found in concrete marking the occupied
interior ell corner of the 281.6 acre tract, same being the Southwest corner of the 17.417 acre tract;
THENCE along the occupied North lines of the before mentioned 281.6 acre tract, same being the
South line of the before mentioned 17.417 acre tract, the Fleming - called 18.307 acre tract Volume 296,
Page 236, of the Deed Records of Brazos County, Texas, the Flanagan - called 18.071 acre tract,
Volume 1201, Page 754, of the Official Records of Brazos County, Texas, the Restino - called 18.163
acre tract, Volume 297, Page 753, of the Deed Records of Brazos County, Texas, and the Crystal Chen
Wiseman - called 102.504 acre tract, Volume 1228, Page 792, of the Official Records of Brazos County,
Texas, adjacent to a fence, as follows:
S 88' 33' 59" E at a distance of 698.15 feet, pass a'%" iron rod found at the common corner between the
17.417 acre and 18.307 acre tracts, continue on for a total distance of 2141.13 feet to a Y1" iron rod
found at a Northeast corner of the 281.6 acre tract and the Southeast corner of the 18.071 acre tract;
S 00' 16' 24" E for a distance of 54.78 feet to a 5/8" iron rod found at a 2" cedar post fence corner
marking an interior ell corner of the 281.6 acre tract, same being the Southwest corner of the 18.163
acre tract, from which a'%" iron rod found in concrete bears N 83' 43' 52" E - 0.92 feet;
S 88' 07' 50" E for a distance of 401.80 feet to a 3/8" iron rod found at a 2" cedar post fence corner
marking the Southeast corner of the 18.163 acre tract, same being the most Westerly Southwest corner
of the 102.504 acre tract;
N 89' 17' 54" E for a distance of 723.67 feet to a %" iron rod found in concrete at a 4" creosote post fence
corner marking an interior ell corner of the 102.504 acre tract and the occupied Northeast corner of
the 281.6 acre tract;
THENCE S 00' 42' 44" E along the East line of the before mentioned 281.6 acre tract and the before
mentioned 547.1 acre tract, same being the Southwesterly line of the before mentioned 102.504 acre tract,
adjacent to a fence, for a distance of 2756.30 feet to a 'h" iron rod found in concrete at a crosstie fence
corner marking the most Northerly Southeast corner of the 547.1 acre tract in the North line of the before
mentioned 152.93 acre tract, from which a %" iron rod found at a 6" creosote post fence corner marking
the Northwest corner of the 152.93 acre tract bears S 89' 36' 28" W - 1055.24 feet;
THENCE along the North line of the before mentioned 152.93 acre tract, adjacent to a fence, as
follows;
S 89' 23' 33" E along the South line of the before, mentioned 102.504 acre tract for a distance of 610.85 feet
to a %1' iron rod found in concrete marking the common corner between the 102.504 acre tract and the
before mentioned 107.349 acre tract, from which a Yz" iron rod found bears S 81' 50' 53" E — 3.17 feet, and
a crosstie fence corner bears N 03' 00' 20" E — 0.9 feet;
N 87' 43' 28" E for a distance of 1166.54 feel: to the PLACE OF BEGINNING, containing 1037.24 acres of
land, more or less.
Bearings based on True North, as obtained by Solar Observation.
SAVE AND EXCEPT: from Tracts One & Two
Indian Lakes Subdivision Phases 1-11 and Phase 13
LEAVING A TRACT CALLED 391.78 acres on Brazos County Tax Account R14678.
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.
Deed of Trust to secure a Note
Grantor:
Smiling Mallard Development, Ltd.
Trustee:
Timothy N. Bryan
Beneficiary:
The First National Bank of Bryan
Amount:
$4,000,000.00
Dated:
August 29, 2002
Recorded:
Volume 4824, Page 36, Official Records, Brazos County, Texas.
Said Note being additionally secured by Assignment of Agreements Affecting Real Estate:
Dated: August 29, 2002
Recorded: Volume 4824, Page 75, Official Records, Brazos County, Texas.
Said lien being assigned to Prosperity Bank by Assignment:
Dated: April 21, 2009
Recorded: Volume 9061, Page 262, Official Records, Brazos County, Texas.
Correction Deed of Trust to secure a Note
Grantor:
Smiling Mallard Development, Ltd.
Trustee:
Timothy N. Bryan
Beneficiary:
The First National Bank of Bryan
Amount:
$1,725,000.00
Dated:
February 19, 2004
Recorded:
Volume 7226, Page 123, Official Records, Brazos County, Texas.
Said Note being additionally secured by Assignment of Agreements Affecting Real Estate:
Dated: February 19, 2004
Recorded: Volume 6586, Page 247, Official Records, Brazos County, Texas.
Said lien being assigned to Prosperity Bank by Assignment:
Dated: April 21, 2009
Recorded: Volume 9061, Page 27, Official Records, Brazos County, Texas.
Restrictions:
Volume 5375, Page 33, Official Records, Brazos County, Texas
Exceptions:
Right of Way Easement
From: G. M. Arnold, et al
To: Sinclair Refining Company
Dated: February 26, 1947
Recorded: Volume 132, Page 48, Deed Records, Brazos County, Texas; and
Dated: September 11, 1947
Recorded: Volume 132, Page 133, Deed Records, Brazos County, Texas.
Assignment of Right of Way Easements
From: Sinclair Refining Company
To: Sinclair Pipe Line Company
Dated: December 31,1950
Recorded: Volume 147, Page 417, Deed Records, Brazos County, Texas.
Assignment of Right of Way Easements:
To: ARCO Pipe Line Company
Dated: March 1,1992
Recorded: Volume 1559, Page 175, Official Records, Brazos County, Texas.
r�
60' Wide Right of Way Easement
From:
R. C. Dunn
To:
City of Bryan
Dated:
August 25, 1961
Recorded:
Volume 213, Page 503, Deed Records, Brazos County, Texas,
30' Wide Pipeline Easement
From: Thousand Oaks Development Company Joint Venture
To: Aquila Southwest Pipeline Corporation
Dated: January 22, 1993
Recorded: Volume 1714, Page 216, Official _Records, Brazos County, Texas.
30' Wide Pipeline Easement as Depicted Adjacent and Parallel to North Boundary Line of Tract Two:
From: Thousand Oaks Development Company Joint Venture
To: Aquila Southwest Pipeline Corporation
Dated: April 13,1993
Recorded: Volume 1843, Page 1, Official Records, Brazos County, Texas.
30' Wide Pipeline Easement Granted in Right of Way Agreement:
From: Thousand Oaks Development Company Joint Venture
To: Ferguson Burleson County Gas Gathering System
Dated: November 18,1993
Recorded: Volume 2065, Page 38, Official Records, Brazos County, Texas.
15' Wide Pipeline Easement
From: Thousand Oaks Development Company Joint Venture
To: Ferguson Burleson County Gas Gathering System
Dated: January 22, 1993
Recorded: Volume 2065, Page 41, Official Records, Brazos County, Texas.
10' Wide Communication Easement. Granted in Easement and Right of Way Agreement by and between:
From: Thousand Oaks Development Company Joint Venture and Williams Communications, Inc.
d/b/a Vyvx, Inc.
Dated: September 27, 1999
Recorded: Volume 3622, Page 73, Official Records, Brazos County, Texas.
30' Wide Road Easement along Portion of Tract Two Adjacent to Lot 16 of Indian Oaks Subdivision:
From: Thousand Oaks Development Company Joint Venture
To: Earline D. Tison, et al
Dated: June 1, 1998
Recorded: Volume 3160, Page 176, Official Records, Brazos County, Texas,
Easement
From:
Smiling Mallard Development, Ltd.
To:
City of Bryan
Dated:
November 9, 2005
Recorded:
Volume 7773, Page 183, Official Records, Brazos County, Texas.
Easement:
From:
Smiling Mallard Development, Ltd.
To:
Wellborn Special Utility District
Dated:
July 14, 2009
Recorded:
Volume 9335, Page 227, Official Records, Brazos County, Texas.
Terms, Conditions, and Stipulations in the Ground Lease Agreement by and between;
Parties: Thousand Oaks Development Company Joint Venture and Southwestern Gas Pipeline, Inc.
Dated: April 20, 1993
Rprnr ed- V( ".T inA'Z Dann 44
Dated: March 27, 1927
Recorded: Volume 71, Page 61, Deed Records, Brazos County, Texas. Title to said interest has not been
investigated subsequent to the date of the aforesaid instrument.
Mineral Deed:
By: J. Waiter Smith, et ux
To: John D. Rogers
Dated: April 9,1938
Recorded: Volume 96, Page 94, Deed Records, Brazos County, Texas. Title to said interest has not been
investigated subsequent to the date of the aforesaid instrument.
Mineral Deed
By: R. W. Ivy, et ux
To: G. M. Arnold, et ux
Dated: December 4, 1953
Recorded: Volume 161, Page 497, Deed Records, Brazos County, Texas. Title to said interest has not been
investigated subsequent to the date of the aforesaid instrument.
Mineral Reservation in Deed
By: Thousand Oaks Development Company Joint Venture
To: Smiling Mallard Development, Ltd..
Dated: July 26, 2001
Recorded: Volume 4247, Page 51, Official Records, Brazos County, Texas. Title to said interest has not
been investigated subsequent to the date of the aforesaid instrument.
Mineral Partition Deed:
Parties: Brazos Coal, Limited; Global Natural Resources Corporation of Nevada and Isidore Miller
Dated: January 1,1992
Recorded: Volume 1454, Page 179, Official Records, Brazos County, Texas.
Correction Mineral Partition Deed:
Recorded: Volume 1569, Pape 118, Official Records, Brazos County, Texas.
As Modified by Surface Waiver:
Recorded: Volume 4251, Page 1 and Volume 5505, Page 222, Official Records, Brazos County, Texas. Title
to said interest has not been investigated subsequent to the date of the aforesaid instrument.
Partition Warranty Deed
Parties: Thousand Oaks Development Company Joint Venture; Global Natural Resources
Corporation of Nevada and Isidore Miller
Dated: July 7, 1994
Recorded: Volume 2174, Page 222, Official Records, Brazos County, Texas. Title to said interest has not
been investigated subsequent to the date of the aforesaid instrument.
Surface Waiver & Drillsite Designation
From:
Thousand Oaks Development Company Joint Venture
To:
Public
Dated:
July 26, 2001
Recorded:
Volume 4247, Page 83, Official Records, Brazos County, Texas.
Amended:
Recorded: Volume 5146, Page 125, Official Records, Brazos County, Texas. Title to said interest has not
been investigated subsequent to the date of the aforesaid instrument.
Royalty Deed
By: W. L. Williams
To: M. P. Walker
Dated: May 7,1938
Recorded: Volume 96, Page 232, Deed Records, Brazos County, Texas. Title to said interest has not been
investigated subsequent to the date of the aforesaid instrument
Estate Created by Oil and Gas Lease, and all terms, conditions and stipulations therein:
Lessor. Prescott Ranch Joint Venture, et al
Lessee: Ogden Resources Corporation
Dated: March 27, 1990
Recorded: Volume 1175, Page 690, Official Records, Brazos County, Texas
Ratified and Amended in Instruments:
Recorded: Volume 1179, Page 36; Volume 1180, Page 625; Volume 1216, Page 17 and Volume 1713, Page
325, Official Records, Brazos County, Texas. Title to said interest has not been investigated subsequent to the date
of the aforesaid instrument.
Estate Created by Oil and Gas Lease, and all teens, conditions and stipulations therein:
Lessor: Brazos Coal, Limited, et al
Lessee: Union Pacific Resources Company
Dated: May 2, 1990
Recorded: Volume 1302, Page 275, Official Records, Brazos County, Texas. Title to said interest has not
been investigated subsequent to the date of the aforesaid instrument.
Upon examination of the public records of Brazos County, Texas, we find no exception to title of the subject
Property other than those shown above. This Title Report is issued with the express understanding, evidenced by
acceptance of same, that the liability of the undersigned is l mited to the actual monetary consideration paid for
same.
FILED
In the Office of the
Secretary of State of Texas
1 It
CERTIFICATE OF LIMITED PARTNERSHIP
Corporations SWIM
The undersigned General Partner, who desires to form a limited partnership,
certifies that:
1. The name of the partnership is SMILING MALLARD DEVELOPMENT,
LTD.
2. The address of the partnership's registered office is 3608 East 29`h Street,
Suite 100, Bryan, TX 77802.
3. The name of the partnership's registered agent for service of process is
PAUL J. CLARKE.
4. The address of the agent is 3608 East 29`h Street, Suite 100, Bryan, TX
77802.
5. The address of the principal office where records that are required to be
kept will be kept or made available is 3608 East 291h Street, Suite 100,
Bryan, TX 77802.
6. The name and address of the business or residence of each general
partner are as follows:
Name
Smiling Mallard Management, LLC
Address
3608 East 29th Street, Suite 100
Bryan, TX 77802
7. This certificate of limited partnership shall be effective on the date of filing
with the Secretary of State.
I affirm, under penalty of perjury, that this certificate is executed on December 4,
2000, and, to the best of my knowledge and belief, the facts stated in this certificate are
true.
General Partner:
SMILING MALLARD MANAGEMENT,
LLC
a Texas limit lability compan
By: � V,�
Pau . I rke, Manager
ARTICLES OF ORGANIZATION
OF
SMILING MALLARD MANAGEMENT, LLC
FILED
Secretary of State of the
DEC 05 2000
Corporations SeCuon
I, the undersigned natural person of the age of eighteen years or more, acting as the
organizer of a limited liability company (the "Company") under the Texas Limited Liability
Company Act, do hereby adopt the following Articles of Organization for such Company:
ARTICLE I
The name of the Company is SMILING MALLARD MANAGEMENT, LLC.
ARTICLE If
The period of duration of the Company is perpetual,
ARTICLE III
The purpose for which the Company is organized is to transact any or all lawful business
for which limited liability companies may be organized under the Texas Limited Liability
Company Act.
ARTICLE IV
The address of the Company's principal place of business in Texas is as follows:
3608 East 29' Street, Suite 100
Bryan, TX 77802
ARTICLE V
The name and address of the Company's initial registered agent and registered office in
Texas are as follows:
Paul J. Clarke
3608 East 29' Street, Suite 100
Bryan, TX 77802
ARTICLE VI
The Company is to be managed by one or more managers. The name and address of
the person who is to serve as manager until the first annual meeting of the members or until his
successors are elected and qualified are as follows:
Articles of Organization Page 2