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On: Mar 30,1999 at 04:21P
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~pWYERS TiTUE CO.WA.RRANTY DEED WITH VENDOR'S LIEN Went Nubers 8681618
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Date: March 26, 1999 Receipt Nueber - i28c'~6
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Grantor: LOUISE MARSH REEVES, Individually and as Trustee of the ~~;"S~EEVES
TRUST, JOHN EMORY MARSH, JR., ROBERT EMORY REEVES, MARSHA REEVES
DUEMKE, acting by and through her attorney-in-fact, LOUISE MARSH REEVES, all dealing with
their sole and separate property
Grantor's Mailing Address: 7170 S. Poplar Court, Englewood, Colorado 80112
Grantee: FARZU, INC., a Texas Corporation
Grantee's Mailing Address: 209-B University Drive East, College Station, Texas 77840
Consideration: In and for the sum of Ten and No/ 100 ($10.00) Dollars, and other good and valuable
consideration, the receipt of which is hereby acknowledged, and the sum of TWO HUNDRED
SIXTY SIX THOUSAND TWO HUNDRED FIFTY AND NO/100 DOLLARS ($266,250.00), as
is evidenced by the execution and delivery by Grantees of their one certain promissory note in said
sum of $266,250.00, of even date herewith and bearing interest from date until maturity at the rate
specified therein, payable to the order of FIRST AMERICAN BANK, SSB, A TEXAS STATE
SAVINGS BANK and providing for acceleration of maturity in event of default and for attorney's
fees; with such note being secured by a vendor's lien retained in favor of FIRST AMERICAN
BANK, SSB, A TEXAS STATE SAVINGS BANK, and said note is additionally secured by Deed
of Trust of even date herewith to JOE G. SALVATO, Trustee.
Property (including any improvements): Being all that certain 1.75 acre tract or parcel of lying and
being situated in the Robert Stevenson League - Abstract No. 54, College Station, Brazos County,
Texas. Said 1.75 acre tract also being a portion of the remainder of that certain 111.6 acre tract of
land commonly known as the Marsh-Reeves, et al by deed recorded in Volume 419, Page 98,
Volume 414, Page 454, Volume 414, Page 453, Volume 419, Page 99 (corrected in Volume 464,
Page 248), Volume 464, Page 250, Volume 470, Page 398, Volume 509, Page 185, Volume 509,
Page 188, Volume 634, Page 135, Volume 634, Page 137, Volume 642, Page 128, and Volume 642,
Page 130 of the Deed and Official Records of Brazos County, Texas, (D.R.B.C.T.) / (O.R.B.C.T.);
said 1.75 acre tract of land being more particularly described by metes and bounds as follows:
BEGINNING; at a Texas Department of Transportation concrete right-of--way marker found lying
in the southwest line of the remainder of said 111.6 acre tract and also lying on the northeast right-
of-way line Texas State Highway No. 6;
THENCE N 49 ° 24' 38" W along foresaid southwest line of same remainder of 111.6 acre tract and
also along the northeastright-of--way line of Texas State Highway No. 6 for a distance of 175.22 feet
to a %z" diameter iron rod set marking the most westerly comer of said 1.75 acre tract and also lying
on the northeast right-of--way line of Texas State Highway No. 6;
THENCE N 42 ° 57' 17" E across aforementioned remainder of 111.6 acre tract for a distance of
300.26 feet to a %2" diameter iron rod set to mark the most northerly corner of same 1.75 acre tract;
THENCE S 49° 24' 38" E for a distance of 270.23 feet to a %" diameter iron rod set to mark the
northeast corner of same 1.75 acre tract and also lying on the southeast line of the remainder of the
aforesaid 111.6 acre tract and lying on the northwest right-of--way line at Greens Prairie Road;
THE,~,vi S ~2 ° 57~ t 7" w ?long gaid southeast line of the remainder of same 111.6 acre tract and
the northwest right-of--way line of Greens Prairie Road for a distance of 198.89 feet to a Texas
Department of Transportation concreteright-of--way marker found lying on the southeast line of the
remainder of the 111.6 acre tract and also lying on the northwestright-of--way line of Greens Prairie
road and the northeast right-of--way line of Texas State Highway No. 6;
THENCE S 84° 59' 36" W across said remainder of 111.6 acre tract and also along the northwest
right-of--way line of Greens Prairie Road and along the northeast right-of--way line of Texas State
Highway No. 6 for a distance of 141.77 feet to the PLACE OF BEGINNING; and containing 1.75
acres of land, more or less.
JDW/ikm FARZU.WD 99-0505 1
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Reservations frorYi and Exceptions to Conveyance and Warranty:
1. Any claims as a result of the fence adjacent to Greens Prairie Road lying within the Texas
Municipal Power Agency aerial easement as shown and noted on survey by Garrett
Engineering, Donald D. Garrett, R.P.L.S. No. 2972, dated December, 1998.
2. Any claims as a result of the fence adjacent Greens Prairie Road lying within the property
as shown and noted on surveyby Garrett Engineering, Donald D. Garrett, R.P.L.S. No. 2972,
dated December, 1998.
3. Any claims as a result of the past and future action of a tributary to Spring Creek by means
of accretion, erosion or avulsion.
4. Easement executed by Mrs. J. E. (Grace H.) Marsh, Sr. to Wellborn Water Supply
Corporation, dated June 21, 1971, recorded in Volume 295, Page 420, Deed Records of
Brazos County, Texas, and as shown and noted on survey by Garrett Engineering, Donald
D. Garrett, R.P.L.S. No. 2972, dated December, 1998. (BLANKET?
Right of way easement executed by Mrs. J. E. Marsh to the City of Bryan dated August 24,
1976, recorded in Volume 359, Page 289, Deed Records of Brazos County, Texas, and as
shown and noted on survey by Garrett Engineering, Donald D. Garrett, R.P.L.S. No. 2972,
dated December, 1998. (BLANKET)]
6. Right of way Agreement executed by Grace H. Marsh, John Emory Marsh, Jr. M.D., and
Louise Marsh Reeves to Seminole Pipeline Company dated August 1, 1981, recorded in
Volume 534, Page 94, Deed Records of Brazos County, Texas, and as shown and noted on
survey by Garrett Engineering, Donald D. Garrett, R.P.L.S. No. 2972, dated December,
1998.
7. Joint Utility easement executed by Grace H. Marsh, John Emory Marsh, Jr., and Louise
Marsh Reeves Individually and as Trustee to the City of College, dated July 21, 1983,
recorded in Volume 590, Page 275, Deed Records of Brazos County, Texas, and as shown
and noted on survey by Garrett Engineering, Donald D. Garrett, R.P.L.S. No. 2972, dated
December, 1998.
8. Utility easement executed by Grace H. Marsh, John Emory Marsh, Jr., Robert E. Reeves,
Marsha R. Duemke and Louise Marsh Reeves, Individually and as Trustee to the City of
College, dated January 10, 1985, recorded in Volume 758, Page 594, Official Records of
Brazos County, Texas, and as shown and noted on survey by Garrett Engineering, Donald
D. Garrett, R.P.L.S. No. 2972, dated December, 1998.
9. Grant of Easement executed by John Emory Marsh, Jr., Robert E. Reeves, Marsha R.
Duemke and Louise Marsh Reeves, Individually and as Trustee to the Seminole Pipeline
Company, dated October 15, 1986, recorded in Volume 929, Page 419, Official Records of
Brazos County, Texas, and as shown and noted on survey by Garrett Engineering, Donald
D. Garrett, R.P.L.S. No. 2972, dated December, 1998.
10. Utility easement executed by John Emory Marsh, Jr., Robert E. Reeves, Marsha R. Duemke
and Louise Marsh Reeves, Individually and as Trustee to the City of College, dated January
16,1987, recorded in Volume 945, Page 391, Official Records ofBrazos County, Texas, and
as shown and noted on survey by Garrett Engineering, Donald D. Garrett, R.P.L.S. No. 2972,
dated December, 1998.
11. Aerial nbht_of way grant easement execu±ed by Lo~.:ise Marsh Reeves, Individually a*:d as
Trustee of the Marsh-Reeves Trust, John Emory Marsh, Jr. Robert Emory Reeves and
Marsha Reeves Duemke to the Texas Municipal Power Agency, dated November 26, 1990,
recorded in Volume 1231, Page 20, Volume 1231, Page 25 and Volume 1231, Page 30 all
Official Records of Brazos County, Texas, and as shown and noted on survey by Garrett
Engineering, Donald D. Garrett, R.P.L.S. No. 2972, dated December, 1998.
12. Right of way Agreement executed by Louise Marsh Reeves, Individually and as Trustee of
the Marsh-Reeves Trust to Ferguson Crossing Pipe Line Company dated October 15,1991,
recorded in Volume 1544, Page 117, Official Records of Brazos County, Texas, and as
shown and noted on survey by Garrett Engineering, Donald D. Garrett, R.P.L.S. No. 2972,
dated December, 1998.
JDW/ikm FARZU.WD 99-0505 2
13. Right of w'ay Agreement executed by Louise Marsh Reeves and John Emory Marsh, Jr. M.D.
to Union Pacific Resources Company, Inc. dated May 2, 1995, recorded in Volume 2345,
Page 32, Official Records of Brazos County, Texas, and as shown and noted on survey by
Garrett Engineering, Donald D. Garrett, R.P.L.S. No. 2972, dated December, 1998.
14. Mineral Deed executed by Grace H. Marsh to Louise Marsh Reeves, Trustee dated March
25, 1981, recorded in Volume 478, Page 317, Deed Records of Brazos County, Texas.
15. Oil, Gas and Mineral Lease executed by Grace E. Marsh to Cities Service Company, dated
August 27, 1978, recorded in Volume 23, Page 706, Oil and Gas Lease Records of Brazos
County, Texas (5 year primary term).
16. Oil, Gas and Mineral Lease executed by Louise Marsh Reeves, Individually and as Trustee
of the Marsh-Reeves Trust to Union Pacific Resources Co., dated September 14, 1990,
recorded in Volume 1218, Page 427, Official Records of Brazos County, Texas (3 year
primary term).
17. Oil, Gas and Mineral Lease executed by John E. Marsh, Jr. to Union Pacific Resources Co.,
dated September 14,1990, recorded in Volume 1218, Page 439, Official Records of Brazos
County, Texas (3 year primary term).
18. Any prior reservation of oil, gas and other minerals in, on or under the herein described
property by Grantor's predecessors in title together with any leases pertaining to such
interest.
SAVE AND EXCEPT, and there is hereby reserved unto Grantors, their heirs and assigns, any and
all of the oil, gas and other minerals in and under and that may be produced from the herein
described real property, PROVIDED HOWEVER, as to the mineral interest owned by the Grantor
except as may be provided in instruments currently of record, there shall be no right of ingress or
egress to the surface of the premises at any time for the purpose of mining, drilling, exploring,
operating and developing said lands for oil, gas and other minerals and removing the same
therefrom, or for the purposes of using such property for the storage or transportation of oil, gas and
other minerals. Nothing herein shall prohibit the Grantor or Grantor's successors and assigns from
pooling or permitting slant drilling under said premises to develop and produce the oil, gas and
minerals owned by Grantor and Grantor's successors and assigns. Grantor makes no representation
as to any oil, gas and minerals not owned by Grantor.
Grantor, for the consideration and subject to the reservations from and exceptions to
conveyance and warranty contained herein, grants, sells, and conveys to Grantee the property,
together with all and singular the rights and appurtenances thereto in any wise belonging, to have
and to hold unto Grantee, Grantee's heirs, executors, administrators, successors, or assigns forever.
Grantor binds Grantor and Grantor's heirs, executors, administrators, successors, and assigns to
warrant and forever defend all and singular the property unto Grantee and Grantee's heirs, executors,
administrators, successors and assigns against every person whomsoever lawfully claiming or to
claim the same or any part thereof, except as to the reservations from and exceptions to conveyance
and warranty contained herein, when the claim is by, through, or under Grantor but not otherwise.
FIRST AMERICAN BANK, SSB, A TEXAS STATE SAVINGS BANK at the instance and
request of the grantees herein, having advanced and paid in cash to the grantors herein that portion
of the purchase price of the herein described property as is evidenced by the hereinbefore described
$266,250.00 note, the Vendor's Lien, together with the Superior Title to said property, is retained
herein for the benefit of said FIRST AMERICAN BANK, SSB, A TEXAS STATE SAVINGS
BANK and the same are hereby transferred and Assigned to said FIRST AMERICAN BANK, SSB,
A TEXAS STATE SA'v1NGS BA1~1K.
GRANTEE ACKNOWLEDGES THAT GRANTOR HAS NOT MADE AND DOES NOT MAKE
ANY REPRESENTATIONS AS TO THE PHYSICAL CONDITION OF THE PROPERTY, OR
ANY OTHER MATTER AFFECTING OR RELATED TO THE PROPERTY (OTHER THAN
WARRANTIES OF TITLE AS PROVIDED AND LIlVIITED HEREIN. GRANTEE EXPRESSLY
AGREES THAT TO THE MA~~]aVIUM EXTENT PERMITTED BY LAW, THE PROPERTY IS
CONVEYED "AS IS" AND "WITH ALL FAULTS", AND GRANTOR EXPRESSLY
DISCLAIMS, AND GRANTEE ACKNOWLEDGES AND ACCEPTS THAT GRANTOR HAS
DISCLAIMED, ANY AND ALL REPRESENTATIONS, WARRANTIES OR GUARANTIES OF
ANY KIND, ORAL OR WRITTEN, EXPRESS OR IlVIPLIED (EXCEPT AS TO TITLE AS
HEREIN PROVIDED AND LIMITED) CONCERNING THE PROPERTY, INCLUDING,
WITHOUT LIMITATION (i) THE VALUE, CONDITION, MERCHANTABILITY,
HABITABILITY, MARI{ETABILITY,PRQFITABILITY, SUITABILITY OR FITNESS FOR A
JDWlIkm FARZU.WD 99-0505 3
PARTICULAR LASE OR PURPOSE, OF THE PROPERTY (ii) THE MANNER OR QUALITY OF
THE CONSTRUCTION, OR THE MATERIALS, IF ANY, INCORPORATED INTO THE
CONSTRUCTION, OF ANY IlVIPROVEMENTS TO THE PROPERTY AND (iii) THE MANNER
OF REPAIR, QUALITY OF REPAIR, STATE OF REPAIR OR LACK OF REPAIIZ OF ANY
SUCH IMPROVEMENTS. BY GRANTEE'S ACCEPTANCE OF THIS DEED, GRANTEE
REPRESENTS THAT GRANTEE HAS MADE (i) ALL INSPECTIONS OF THE PROPERTY TO
DETERMINE ITS VALUE AND CONDITION DEEMED NECESSARY OR APPROPRIATE BY
GRANTEE, INCLUDING, WITHOUT LIMITATION, INSPECTIONS FOR THE PRESENCE OF
ASBESTOS, PESTICIDE RESIDUES, HAZARDOUS WASTE AND OTHER HAZARDOUS
MATERIALS AND (ii) INVESTIGATIONS TO DETERMINE WHETHER ANY PORTION OF
THE PROPERTY LIES WITHIN ANY FLOOD HAZARD AREA AS DETERMINED BY THE
U.S. ARMY CORPS OF ENGINEERS OR OTHER APPLICABLE AUTHORITY .
When the context requires, singular nouns and pronouns include the plural.
ACCEPTED AND AGREED:
FARZU, INC.
By:
K:HANDAKER M. ALAM
President
STATE OF TEXAS
COUNTY OF BRAZOS
This instrument was
LOUISE MARSH REEVES,
LOUISE MARSH REEVES, Individually and as
Trustee of the MARSH-REEVES TRUST
JO bRY MARS~i, JR.
~m~r .~-~
ROBERT EMORY REEDS
(/MARSHA RE ES D ,acting by and
through her attorney-in-fact, LOUISE MARSH
REEVES
as Trustee of the MARSH-REEVES
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Public, Sta*e of Texas
JDWAkm FARZU.WD 99-0505 4
STATE OF TEXAS
COUNTY OF BRAZOS
This instrument was acknov
1999 by JOHN EMORY MARSH,
STATE OF TEXAS
on the ~ ay of March,
i
~.ry Public, State of Texas
Commission Expires:_
JAY DON 1NATSON
Notary public, State of texas
My Carur-i~bn Expires
MAY 31,2001
COUNTY OF BRAZOS
This instrument was ;
1999 by ROBERT EMORY
'~-,
me on the ~ I r~ da of March,
-G~ y
pry Pub14c, State of Texas
Commission Expires:
JAY OON 1NATSON
Notery~i~ Exp~resas
~ MAY 31, 2001
STATE OF TEXAS §
COUNTY OF BRAZOS § ~\
This instrument was acknowledged before me on the day of March,
1999 b LOUISE MARSH REEVES attorne -in-fact for ~~IARSHA REEVES
DUEMKE.
. y ~ ~ ~ ~ ,-
ary public, State of Texas
Commission Expires:
,~` JAY DON 1NATSON
aF ~a;ry puohc, State of Taxas
~eyn~on Expires
~ MAC 31, L001
a"ti:~
STATE OF TEXAS §
COUNTY OF BRAZOS § ~~
This instrument was acknowledged be re me on e ,may of March,
1999 by KtiANDAKER M. ALAM, presiden FARZ , IN exas corporation
on behalf of said corporation. ~ n
~ Public, State of Texas
COmmiSSlOri ExnirPC
~ JAY DON WATSON
t,~~ NutarY Pubke, State of Texas
* ~ MAY~3~~ires
JDW/Ikm FARZU.WD 99-0505 5