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Home My WebLink AboutWarranty Deed ~\. . ',1 t ff I l ( '-',/ WARRANTY DEED WITH VENDOR'S LIEN THE STATE OF TEXAS COUNTY OF BRAZOS KNOtv ALL MEN BY THESE PRESENTS ThatKENNETHW. SCHICK, TRUSTEE, of Harris County, Texas, hereinafter referred to as "Grantor", for and in consideration of the SUm of TEN AND. NO/lOQ DOLLARS ($10.00), and other good and valua.ble consideration to the undersigned paid by 1127 Join~ Venture (hereinafter referred to as "Grantee") the receipt · and SUfficiency of which is hereby aCknOWledged, and the further cdnsideration of the SUm of paid to the Grantor herein by BRIERCROFT SAVINGS ASSOCIATION, at the instance and request of the Grantee herein, the receipt of which is hereby ackno\.,ledged, as.. evidence of which said Grantee has executed and delivered one certain promissory note of eVen date hereWith, in the principal SUm of interest from date thereof at the rate therein Speci fied, bearing payable to the order of.BRIERCROFT SAVINGS ASSOCIATION, whOse & mailing addressisp. O. Box 3850, !,ubbock, LubbOck County, Texas, said note proVidiIJ<}' for late charges, for acceleration of maturity and for reasonable attorney'S fees all as Set out tnreiriithe payment of the above described note is secured by the Vendor I s lien herein retained and GRANTOR hereby retains the vendor's lien for the benefit of BRIERCROFT SAVINGS ASSOCIATION, its SUCcessors and assigns, and tranSfers and aSsigns to it said vendor's lien wi thout recourse or warrant expressecl or.. implied and all the equities, claims, rights or priVileges retained by reason of said vendor's lien on the hereinconVeyedpropertYi and the abOve described note is additionallY secured bya deed of trust of even date herewith executed by Grantee to l-Hchael L. Brock or Tommy J . Wallace, Trustee, of TraVis County, Texas; HAS GRANTED, SOLD AND --,._"._..~.~~---...---,~~,,_.._- Page 2 CONVEYED, and by these presents DOES GRANT, SELL and C00JVEY unto 1127 JOINT VENTURE, composed of Lawrence R. Lynd' M. L. CashioniRonald Cruse and Len~od B. Wallace of the County of Brazos, and State .of Texas, all of the following described real proeprtyin BrazosCount.y, Texas, to-wi t: BEING a 8.73 acre tractor parcel Of land, more or less, lying.and being sitauted in the CRAWFORD. BURNETT LEAGUE, Abstract No. 7,Brazos County, Texas, and being a portion of a 29. 622 acre tract conveyed to KENNETH SCHICK by E. Kelly Parker , Trustee by deed recorded in Volume 436, Page 558 of the Deed Records of Brazos County, Texas, and being more particularly described in Exhibit. "A" attached hereto and made a part hereof for all purposes. THIS CONVEYANCE IS MADE SUBJECT TO,THE FOLLOt~ING: (1) Right of, Way to City of Bryan from Waldo Walker instrument dated April 21, 1937, recorded in Vol. Page 92 of the Deed Records of 'Brazos County, Texas. in 98, (2) Right o.f way to City of College Station from E. Kelly Parker in instrument dated June 26,' 1974, recorded in Vol. 335, Page 459 of the Deed Records of Brazos County, Texas. (3) Electrical line through the east portion of the subject real property as shown on the survey dated June, 1984 by John D.Olsen, R.P.S.Nc. 4271. (4) The final Plat and easements shown thereon entitled "The Schick Addition" 3.99 acres, dated December 18, 1984, prepared by Jerry Biship & Associates, Inc., College Station, Texas to be recorded in the Official Records of Brazos County, Texas. (5) Utili.ty easement to the City of College Station, Texas from Kenneth W. Sch~ck,'Trustee in instrument dated March 22, 1985 over a 0.21 acre tract as described therein to be recorded in the Official Records of. Brazos County, Texas. (6) Zoning and Building Ordinances of the City of College Station, Brazos County, Texas. SAVE AND EXCEPT, there is hereby reserved unto Grantor, Grantor's heirs) successors and assigns, all of the oil, gas, and associated petroleum and other liquid and/or gaseous, hydrocarbons necessarily produced from an oil or gas well under or beneath the property .above described or that may be produced therefrom; provided however, the Grantor, Grantor's heirs, executors, successors and assigns hereby waive any rights which Grantor, Grantor's heirs, executors, Successors and assigns have or may have to the rights of ingress, egress or regress on, over, or across the surface of the above described proeprty for purposes of drilling, mining for, exploring for, or conducting any operations of oil, gas or other minerals or using the same for storage or for the transportation of oil, gas or other minerals, nor shall the -. ._--'_.~----r---'--- / ,.,..,."........... 'Page' 3' ~ Gr~ntor, Grantor's heirs, executors ,successors. or assign~ permit any person, corporation, partnership or otherentit~ to . . -locate any tank batteries or pipelines on the. above descrl.bcd property or use said proeprty as a means.of access of travel or in any manner distrube the surface of said. property, and any leases or conveyances of oil, gas and other liquid hydrocar.bons, executed by Grantor, Grantor's heirs, executors, successors or assigns,. covering all or any portion of. the above described property and minerals shall contain the above waivers and restrictions. TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging unto the said Grantee, its successors and assigns forever; and Grantor does hereby bind himself, his heirs, assigns, executors and admini,strators to WARRANT AND FOREVER DEFEND all and singular the said premises unto the said Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. When this Deed is executed by more than one person, or when the Grantee is more than one person, the instrument shall read as though pertinent verbs, nouns and pronouns were changed correspondingly, and when executed by or to a corporation, the words "heirs, executors and administrators" or wheirs and assigns" shall be construed to mean "successors and assigns "., BRIERCROFT SAVINGS ASSOCIATION, at the instance and ''', request of the Grantee herein, having advanced and paid in cash to the Grantor herein a portion of the purchase price of the herein described property as is evidenced by the hereinbefore described note, the Vendor.ls Lien, together with the superior titre to said property, is retained herein for the benefit of said Briercroft Savings Association, I: , and the same are hereby transferred and assigned without recourse . either expressed or implied to said Briercroft Savings Association and said Vendor's Lien shall continue in full force and effect until the above described note and all interest thereon is fully paid according to the face, tenor, affect and reading thereof, when this deed shall become absolute. ... - ... --~. ,.--~ ~ '- -" ~-~~---..,..~---~~~ ~- Page 4 EXECUTED this the 22ndday of March, 1985. ~~ K~ NETH W. SCHICK, TRUSTEE Mailing Address of Grantee: 1127 Joint Venture P. O. Box 10174 College Station, Texas 77841 rIfI1" THE STATE OF TEXAS COUNTY OF BRAZOS This instrument was acknowledged -before me on the :2~ da~~, H~~~arch, ,1985, by KENNETH W. SCHICK, TRUSTEE and in the ~~~~~~y.:~~re1n stated. p.,,~... '" -,~., '" ~... __ _... -'" ,," 9" ~# ~.. \I"'...., ... ,.... r :.--'..... f #~ ~ , ..~ y ;1... ('.. ..- .. .'" ...... '..J ~,~ .. · '~'; ::~/;/;?, ':~" ,,~' , . 'J ~/ ~/? /t) ri/~ ~{ J -R-?r--<. -'_( . NOTARY PUBLIC in and for The State of Texas My C~'ss~i:on~e>>p~~~~~;~'1~i.~ ~s ~"d ');L'~i.;L.."..l '.:.;.,...,~jJ, u.......::...J1 .. .....J...'tIJ \01 ~'i f ' ~ "':! -, .' ,. .-.. ' ti\ ~ .." .. ....11" ~.,';,., (":.'.,,'"':':) (::'.' !. ......,'("t~ " .~,.' ~ J~~r;H~~IOi" ~'~ \,.. ~ '\; "".'''.. ...'._, ....,.. II \.J,t'.. __..,. .J;" J w w ~; J. h."'W .. , .. . . '.7. ) ~ Y' \ -- (type or p,z:int.~narn~~f~.Notary) " - ..--------....~,!.~."r ''T ,T., ,7 ' .'~ "III'l'i~JIJlW '...,,"'" " "~'~~~Mw\iilii:ll("i\lMurn&'~~(~~ :~ 2 1 2 () 7) ~ = J'. - r · ,': I C , ,. , . L " WARRANTY DEED r,"~ '71,' /&d// THE STATE OF TEXAS COUNTY OF BRAZOS KNOW ALL MEN BY THESE PRESENTS That EVELYN ANN WALKER, now known as EVELYN ANN WALKER HEWETT, by ,and through her attorney in fact, of Crawford County, Arkansas; CANDISS FAYE GRAVES, by and through her attorney in fact, of King County, Washington; LINDA McDONALD., by and through h~r attorney in fact, of Bell County, Texas; and IDA MAE WALKER of Brazos County, Texas, hereinafter referred to as "Grantor", for and in c'onsiderationofthesum of TEN AND NO/IOO DOLLARS ($10.00), and other v:aluable consideration to the undersigned paid by the Grantee herein flamed., therec(~ipt of which is hereby acknowledged, and the further consideration of theexeclltionand delivery by Grantee of. his, one certain promissory note of even date herewi th in the principal sum of , payable to the order of f'IHsrr, NA'l'IeJNAL 13ANK ()F' 13I{YAN, l~rdzos County, 'rcxas, as t11ercin ~ I I ~ I ~ ~ I i I i provided and beilring interc.st at the rates therein specified and providing for acce,leration of maturity in event of default and for at torrlcy' s ff~es;,~,t}1epaynlent of wh.ich note is secured by the vendor's lien herein retained, and is additionally secured by a deed of trust of even date herewith to SAMUEL .R. NIGH, Trustee, have GRANTED, SOLD AND CONVEYED, and by these presents do GRANT, SELLAND CONVEY unto the 1127 JOINTVENrrUl{E, composed of 1.H]WrCI1Ce R.. IJynd, M. L. Cashion, Ronald Cruse, and Lenwood B. Wallace, herein referred to as "Grantee",>of th~ County of Brazos and State of Texas, all of the following described real property in Brazos County, Texas, to-wit: Being a.2.S1 acre tractor parcel of. land lying and being situated in. the C:(.aWfor;dBurnett. Survey Brazos County Texas, and being more particularly desciibedinExhibit "A" attached hereto and ..made a part hereof for all purposes. ',/ r IL "',An r"\ ~.; 0 t'.' )r): f..' . ( - I. · '. J \. ", '. J V THIS CONVEYANCE IS MADE SUBJECT TO THE FOLLOWING: (1) Estate created by oil, gas and mineral lease granted to Jordan Engineering, Inc. by Candiss Faye Graves in instrument dated March 4, 1983 recorded in Vol. 83, Page 122 of the Oil, Gas and Mineral Lease Recotds of Brazos County, Texas, and all terms, conditions, and st"ipulations contained therein. (2) Estate 'created by oil, gas and mineral lease granted to Jordan Engineering, Inc. by Evely. Ann Walker in instrument dated Mardh 4, 1983 recorded in Vol.. 83, Page 120 Of the Oil, Gas and Mineral Lease Records of Br-azos COunty; Texas. and all te~s, conditions, and stipulations contained therein. (3) Estate.. created by oil, gas and mineral lease gral).ted to Jordan Engineering, Inc. by Linda McDonald in instrument dated March 4,1983 :recorded in Vol. 83, Page 116 of the Oil, Gas and Mineral Lease Records of Brazos County, Texas>, and all terms, conditions, and stipulations contained therein. (4) Estate cre.a.ted by oil,> gas and mineral lease granted to Jordan Engineering,. Inc. by Ida Mae Walker in instrument dated Mal:'ch 4, 1983 recorded in Vol. 83, Page 118 of the . Oil, Gas>and Mineral ..I..ease . R.ecords of Brazos County, Texas, and all terms, conditions, and stipulations contained therein. (5) Right of way to City of Bryan from Waldo Walker, et ux in instrument dated April 21, 1937,. recorded in Vol. 98, Page 92 of the Deed Records of Brazos County, 'l'exas. TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging unto the said Grantee ,his Successors and assigns forever; and Grantor does hereby bind themselves, \, their heirs and assign~or executors and administrators to warr.ant and forever defE:ndall and singular the said premises unto the said. Grantee, its successors and assigns, against every person whomsoever lawfully claimipg or to claim the same or any part thereof. But it is expressly agreed that the Vendor's Lien, as well as the Superior Title in and to the above described pJ:'emises, is retained against the above described property, , premiSes and improvements until the above described notes and all interest thereon are fully paid according to. the face, tenOr I effect a.nd reading thereof, when this Deed shall become absolute. ....., r'lQ _, - " " bL lll) .r ~ -, ~ , J;) J.: Page 3 When this Deed is executed by more than one person, or when the Grantee is more than one person, the instrument shall read as though pertinent verbs, nouns and pronouns were changed correspondingly, and when executed by or to a corporation, the words "heirs, executors and administrators" or "heirs and assigns" shall be construed to mean "successors and assigns". FIRST NATIONAL BANI< Of' BRYAN, at the instance and request of the Grantee l1erein, having advanced and paid in cash to the Grantor herein that portion of the purchase price of the herein described property as is evidenced by the hereinbefore described note, the Vendor' s Lien, together wi th are hereby transferred and assigned to said ';:K~L1lp'~1l"tttS't-NA?IOiAt;\BANK OF' BRYAN .', EXECUTEOthis the.,,:' Ciday of February, 1985. the superior ti tIe to said property, is retained herein for the benefit of said FIRST NATIONAL BANI< OF BRYAN, and the same ,~' , ' /1. ~;'. .._ .' . .. I .. ,. . /," 'v. )1'-( .. . 7':;., .. · .. t. W . /1 ;.,. . c .... ." /1(: (>.. /1'., {'"t. '; .t;>.:--- IDA MAE WALKER, attorney 1n fact for.E:velyn Ann Walker c~N~i~S' 1-Anff#f:-b; ~ri~~(( ( \J through her attorney in fact Ida Mae Walker {I / .. , "/6 a.--:.7~. ..., . . . / . , 1. . '67 /y.~~~. VZ:t:-:~/?: t. · 6/-1.-- IDA MAE WALKER,. attorney in fact fbrCandiss Faye Graves . ''" ~1(~Q.. ..):~.) \/~)' " 'v;"'" .-/ J ./ ... ..0. .,.. /i', ..... . ../-' (~~~-t.:L/L../JI.Y-: p(-A-'1"'-~''} -/'/7" LlNDAMCDONALDpyandthrough her attorney in fact Ida Mae Walker '-"- .~""."'."'.~. 4.1' :.':...[,':,',: .. ""r . ..... 'l.. .." Page 4 (l/k// /1'1at' 'Zl/cdAev- !DA MAE WALKER, attorney in fact for Linda McDonald ~~~, 7?z.(Z~ . c.z. 41~ IDA .. .... E WALR Mailin~Addressof Grante€: 1127 Joint Venture P. O. Box 10174 . College Station, Texas 77841 THE STATE OF TEXAS COUNTY OF BRAZOS Before me, the underslglled autbority, on this day perSOnally appeared ..IDAMA~ <WALKER., known. .to . me to. be the person whose <name iSisubsc:ri};)ed .tOit:he ...?oregoing instrument, as. .theattorneY.in fact Of.e:YELYNANNWALKER, now known as Evelyn . Ann .. WalkerHewett,and <apknowledged> tome. ...that she subscriped the. name of Evelyn AnnWalk,z;.. .~wetttheret? as pl:'incipal and her own nam.<llsattq,rney lR;""f'..ct,and execpted the same. for the purposesand.coIlpige.ration therein expressed andirt.the capacity therein set forth. [\"""."""" ,~. .~tti~~...... %l~~~~r my hand ~n("':-7 . \lC'-; :: o! i .; =c: :. .. ::t\ ... C/) :: .. "'. .K. .. ~ --- ~ .~ . .. .....,-\- ~ ~.. .^-. ..... . /A.~".'" ~.... A ..... '- '-~" "'''IV''AZOS. ~v ~'III"""'\~) , ' on thiSclt~ay of " THE STATE OF TEXAS COUNTY OF BRAZOS i . Before me, the undersigned authority, on this day persOnal1yappea.redlDA MAE WlillKER, knOwn. to me to be the persOriwhosename.is sUbscribed to the foregoing instrument, as . the attorney.. in . fact of. . CANOISS FAYE GRAVES, and ackn()\-iledged to<me that she subscribed the . n'ameof Candiss Faye 9rav.es there~oa.s PJrincipaliand her OWn name as<attorney in... fact, and. .~X~Cuted. . the . same for the purposes and consideration therein <. expressed <and in the capacity therein set forth. VJ1[ .,. j n 8 fl. h:. 3' I f) Ph('~ 'J~ I i:DIrlDJRII_ . -?l__ ....., ~, Page 5 Given under my hand and s.,~_a~ffic~ February, 1985. ',. . ~ ' \ . }------- ~, --.- \:----t ""~.,. ~ ..._..(1 ..-r of -----. \\"""""'/ ,~\\. RY .'p . . '1 ~,\; 0"\ ..,.........!!e < ''',,", ~ ~ y- ..... 0'~ ~. ~.' ( '" . ",. ~ .. . . ~ .'~ ~ \ ~ =n : = = 0 ! I(/) :: -c:.~ :q'-- ':.\ l~~ "~" ..(v.... ~ ~L..... / "'. "" ~ r '. .'. ~ ,,~. Q ............. ~ ., , ~~II ~ BRA'lO \~", "'h" \\\\ TH~'MYATE OF TEXAS ,-.J. -'7 /~.. ~ '. ft COUNTY OF BRAZOS Before me, the undersigned authorLty, on this day personally . appeared IDA MAE WALKER, known to me to be the person whose name is subscribed to the foregoing instrument, as the attorney in fact of LINDA McDONALD, and acknowledged to me that she subscribed the name of Linda McDonald thereto as . principal and her own name as attorney in. fact, and executed the same for the pllrposesand consideratLon therein expressed and in the capacity therein set forth. Given under my hand and February, 1985. \\"."1""" '.- ..",,~C;\ ~~.r..!-'Z"'~ . ,\ , . ;"\\~"'~~I'I~;'>";f,!~~~~~ "~,,'..{ ~ . '.','.\,' ","" . ."j\,'~ -,~~'"_. ....,':11",,,, : n; \ -= :0 I i.: ...c: : ... ; ....~ ---'.... '\... .'. .. '. I.... !#.'. E.. ~ ~\.~ , I':.r$ ~,,'....._y,,\~ ~'" l1"A20S',," . III~ , , .:, , \, \ \ \ this..;1~;~ay of /1 .... /J-::,,,~~ A 3>>;: / ~.(" 9 My comm~ssion efxpires :r ,," ".,. · { )8 ....~.. · , V(IL l; ,':,;'! ,-;~.'l ~'~'~1 ......L",.. ~ ,.,..,.~ .~;~ "'"'~"'~..,..-.~