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>'F * Policy Number TO 1187440
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE. EXCEPTIONS: FROM COVERAGE CONTAINED
IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY,
* a Minnesota corporation, herein called the! Company, insures, as of Dale of Policy shown in Schedule A, against
* * loss; or, damage, not exceeding the Amount of Insurance stated in, Schedule A,• sustained at incurred by the insured
by reason of.
1. Title to the estate or interest described in Schedule A being; vested others than as stated therein;
2: Any defect in or lien, or encumbrance on the title;.
3. Any statutory, or constitutional mechanic's, contractor's, or materialman's lien for labor or material having its inception on or before Date of Policy;
4: Lack of a right to access, to and from the land;
Lack of good and Indefeasible: title.
The Company atsa will pay, the costs, attorneys' fees and expenses; incurred in defense of the title, as insured, but only to the extent provided in the Conditions
and Stipulations.
IN WITNESS HEREOF, the OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY has caused this policy to. be executed by its President under the seal of
the Company, but this policy is to be valid only, when it bears an authorized. countersignature, as of the date set forth in Schedule A.
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the: Companv will not pay loss or damage; costs, attorneys" fees or
expenses which arise by reason of:
1. (a) Any, law; ordinance or governmental regufatian (including but not limited to building and. zoning laws, ordinances, or regulations) restricting,
regulating, prohibiting or relating to (I) the occupancy, use, or enjoyment of the land; (i) the character, dimensions or location of any improvement
now or hereafter, erected on the land;.(ii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which; the
land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to
the extent that a notice of the enforcement thereof or a notice of a defect, lien or, encumbrance: resulting; from a violation or alleged violation
affecting the land has been recorded in the public records at Date of Policy,
(b) Any governmental police: power not, excluded by (a) above, except to the! extent that a notice of the exercise thereof or a notice of a defect, lien or
encumbrance resulting from a violation or alleged violation affecting the land has. been recorded in the public record's; at Date of Policy.
2. Rights of eminent domain unless notice of the. exercise thereof has been recorded in the public: records at Date of Policy, but not excluding from
coverage ar>ir taking that has, occurred prior to Date of Policv. which would be binding on the rights of a. purchaser for value without knowledge,
3. Defects, liens,., encumbrances, adverse claims or other matters:
(a) created, suffered., assumed or agreed to by the insured claimant,
(b) not known to the Company„ not recorded in the public records at Dale of Policy, but known to the insured, claimant and not disclosed in writing to
the Company by' the insured claimant prior to the date the insured claimant became an insured under this pallm
(c) resulting in no loss or damage to., the insured claimant;
(d) attaching or created! subsequent to Date of Policy;
(e) resulting: in loss or damage that would not have been sustained if the insured claimant had paid value for the estate or interest insured by this
policy.
4. The refusal of any person to purchase, lease or lend money on the estate or interest covered hereby in. the land: described' in Schedule A because of
unmarketability of the title.
5. Any claim which arises out of the transaction vesting; in the person named in paragraph 3 of Schedule A the! estate or interest insured by this, policy, by
reason of the operation of fedierali bankruptcy; state insolvency; or other state or federal creditors' rights: laws that is based on either (4) the transaction
creating the estate or interest Insured by thfs• Policy being deemed a fraudulent conveyance or, fraudulent transfer or a voidable distribution or voidable
dividend, (Ii) the subordination or recharacterization of the estate or interest insured`: by this Policy as a result of the application of the doctrine of
equitable subordination or (iii) the transaction creating the estate or interest. insured: by this Policy being; deemed a preferential transfer except where the
preferential transfer, results from the failure of the Company or its issuing agent to timely file for record the instrument of transfer to. the insured after
delivery or the failure of such recordation to impart notice to a purchaser for value: or a judgment or lien creditor.
Aggieland Title Company GLO REPUBLIC NATIONAL TITLE INSURANCE COMPANY
3:740 Copperfield Dive„ Suite 101 A Stock Company
Bryan, Texas 77802 400, Second Avenue SoLM ggppoGs, Minnesota 55401
Issued through the t?llice or: (012)371-1111
979/731-84004 979/731-8:408 (fax)
B of i r ' . ' ` President '
Authorized Countersignatory
Attest lit f Secrewy
FORM T•1: OWNER POLICY IFFFECTNE 4102) ~ '
OWNER POLICY OF TITLE INSURANCE
SCHEDULE A
G.F. No. 23868
Policy No. TO 1187440
Amount of Insurance: $495,000.00
Premium: $2,952.00
Date of Policy: January 31, 2008, 03:52 pm
1. Name of Insured: 60-Jones Associates, Ltd., a Texas Limited Partnership
2. The estate or interest in the land that is covered by this policy is: Fee Simple
3. Title to the estate! or interest in the land is. insured as vested in: 60-Jones Associates, Ltd., a Texas Limited Partnership
4. The land referred to in this policy is described as follows::
Metes and bounds description of all that certain tract of land lying and being situated in the JOHN H. JONES
SURVEY, A-26, Brazos County, Texas. Said tract being the same tract of land described by a deed to Glynn A.
Williams, Jr. recorded in Volume 4465, page 182 of the Official Public Records of Brazos County„ Texas.
Said tract being more particularly described by metes and bounds: as; follows:
BEGINNING at a 1/2 inch iron rod found at the intersection of Jones Road. (70' R.O.W) and Raymond Stotzer
Parkway/F.M. 60 (150' R.O.W'.) marking the south corner of this herein described. tract;
THENCE: N 471261 23" W along the northwest line of Jones Road. for a. distance of 470.40 feet to, a.1/2 inch iron rod
found marking the west corner of this herein described tract and the southwest corner of the remainder of a called
35.9004 acre tract of land described by a. deed to Mal-tha Ann. Williams recorded in Volume 4464,. page 185 of the
Official Public Records of Brazos County, Texas. Fdi.: reference, a 1/2: inch iron rod found marking the west corner
of said 35.9004 acre tract bears: N 471261 24" E for wdistance of 1008.29 feet;
THENCE: N 40° 40" 19" E for a distance of 509.05 feet to a 3/8 inch iron rod found marking, the north corner of this
herein described tract;
THENCE: S 471 27' 09" E for a. distance of 471.65 feet to a 112 inch iron rod found on the northwest line of F.M.. 60
marking the east corner of this herein described tract and the southeast corner of said 35.9004 acre tract. For
reference; a 1/2 inch iron rod found marking the east corner of said 35.9004 acre tract bears: N 410 3514911 E for a
distance of 507.62 feet;.
THENCE: S. 411 31' 01" W along the northwest line of F.M., 60 for a distance of 73.78 feet to a-broken concrete right-
of-way monument found;
THENCE: S 40° 41' 34" W along the northwest line of F.M. 60 for a distance of 43534 feet to the POINT OF
BEGINNING containing; 5.497 acres of land,: more or less:
Note: The Company is prohibited from insuring the area or quantity of the land described herein. Any statement in
the above legal description of the area of land is not a representation that such area or quantity is correct; but is
made only for informational and/or identification purposes and does not override Item No. 2 of Schedule B.
Old Republic National Title Insurance. Company Page I
_ i
Continuation of Schedule B
OWNER POLICY OF TITLE INSURANCE
SCHEDULE B
G.F. No. 23868
Policy No. TO 1187440
EXCEPTIONS FROM COVERAGE
Policy Na. TO 1187440
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by
reason of the terms. and conditions. of the leases or easements insured, if any, shown: in Schedule A and the following matters:
1. The following restrictive covenants of record itemized below (We must either insert specific recording data or delete this
exception):
Volume 5786, page 177„ and amended i► Volume 8359, page 55„ both of the Official Public Records of Brazos County,
Texas..
2. Any discrepancies, conflicts, or shortages in area or boundary lines,: or any, encroachments or protrusions, or any overlapping
of improvements,
3. Homestead or community property or survivorship rights, if any, of any spouse ofany insured.
4. Any titles or rights asserted by anyone, including, but not limited to,, persons, the public, corporations, governments or other
entities,
a. to tidelands, or lands. comprising the shores or beds of navigable or perennial rivers and streams, lakes, bays, gulfs
or oceans, or
bi. to lands beyond the line of harbor or bulkhead lines as established or changed by any government, or
c. to filled-in lands„ or artificial islands, or
d. to statutory water rights, including riparian. rights, or
e. to the area extending, from the line of mean low tide to the line of vegetation, or the rights of access to that area or
easement along and across that area.
Standby fees, taxes: and assessments by any taxing authority for the year 2008, and. subsequent years: and subsequent years;.
and subsequent taxes and assessments by any taxing authority for prior years due to change in land usage or ownership, but
not those taxes or assessments for prior years because of an exemption granted to a previous owner of the property under
Section 11.13, Texas Tax Code, or because ofirriprovements. not assessed for a previous tax year-
6. The fallowing matters: and all terms; of the documents creating or offering evidence of the matters (We must insert matters or
delete this, exception.)::
a.. Vendor's lien retained in deed dated January 31, 2008. recorded in Volume 8428, page 228', of the Official
Public Records of Brazos County, Texas from Glynn. A. Williams, Jr. to 60-Jones Associates, Ltd., a Texas
Limited Partnership for the benefit of Glynn A. Williams, Jr. as therein provided and all of the terms,
provisions and conditions of said instrument.
b. Deed of Trust dated. January 31, 2008, recorded in Volume 8428, page 231, of the Official Public Records of
Brazos County,. Texas executed by 60-Jones Associates,. Ltd- a Texas Limited Partnership to Bill Youngkin,
Trustee, for the benefit of Glynn A- Williams, Jr.. as thereib provided, and all of the terms, provisions and
Old Republic National Title Insurance Company page 2
_
Continuation of Schedule B Policy No. TO 1187440,
conditions of said instrument.
C. Easements or- claims of easements which are not recorded in the public records of Brazos County, Texas.
d. Fence not on property line along portion of property line adjacent to Jones Road, as shown on a survey dated
January 15, 2008 and prepared under the supervision. of Brad Kerr,. RPLS No. 4502.
e. Blanket Right-of=Way Easement granted to City of Bryan by C. Egbert Jones and Myrtle B, Jones as stet out
in instrument dated April. 21, 1937, recorded in Volume 98,. Page 310 of the Reed Records of Brazos County,
Texas, as noted on a survey dated January 15, 2008 and prepared under the supervision of Brad Kerr, RPLS
No. 4502.
f. Blanket Right-of-Way Easement granted to City of Bryan by Glynn A. Williams as set out in instrument
dated April 1,, 1981, recorded in Volume 486, Page 517 of the Deed Records of Brazos County, Texas, as noted
on a survey dated January 15, 2008 and. prepared under the supervision of Brad Kerr, RPLS No. 4502.
g.. Fifteen foot (15') Joint Use and Right-af.-Way Easement along southeasterly property line granted to GTE,
Southwest Incorporated by Glynn A. Williams,. Sr. as set out in instrument dated November 'X,1989. recorded
in. Volume 1154, Page 386 of the Official Public Records of Brazos County, Texas, as shown on a survey dated
January 15„ 2008 and prepared under the supervision of Brad Kerr, RPLS No. 4502.
h.. Mineral Reservation as set out in deed dated November 16,1949 from Mrs. Helen Tatum to James M. King,
Jr.. and wife, Mrs. Rachel King, recorded in Volume 141, page 120, Deed Records of Brazos County, Texas..
Title to this interest not investigated. subsequent to date of said instrument.
i. Mineral Reservation as set out in deed dated September 6, 1974 from Ralph W.. Steen to Thomas H. Carll et
al, recorded in Volume 332, page 323, Deed Records of Brazos. County, Texas. Title to this interest not
investigated subsequent to date of said instrument.
J. Conveyance of mineral interest from Verna Beth Williams to Glynn A. Williams, Jr. and Martha Ann
Williams as set out in instrument dated January 10, 2002„ recorded in Volume 4464, page 189 of the Official
Public Records of Brazos County, Texas. Title to said interest has not been investigated subsequent to date
thereof.
k. Estate created by oil, gas. and mineral lease granted to R. L. Reese by Thomas H. Carll, William D. Carll and
Pat Jones by instrument dated August 24, 1977, recorded in Volume 29, Page 748 of the Oil, Gas and Mineral
Lease Records of Brazos County, Texas„ and all terms; conditions and stipulations contained therein. Title to
this lease has not been. investigated subsequent to date thereof.
1. There is expressly excluded from coverage hereunder, and this Company does not insure title to oil, gas and
other minerals of every kind and character in, on: and under the property herein described.
in. Rights of parties in possession.
Countersigned
Aggieland Title Company
R. 'F& ~ 0~c tc--
Old Republic National Title Insurance Company
Page 3
off
Endorsement Serial Number
Premium Amount
Rate Rule (s)
Property Type
A0
No Charge
Commercial
G.F. NO.: 23868
ENDORSEMENT
Attached to and made part of OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY Policy
or Interim Construction Binder Number TO 1187440, this January 31, 2008.
Schedule A Paragraph 4 of the above described Owner's Title Policy is hereby
amended to read:
Metes and bounds description of all that certain tract of land lying and being situated in the JOHN H.
JONES SURVEY, A-26, Brazos County, Texas. Said tract being the same tract of land described by a
deed to Glynn A. Williams, Jr. recorded in Volume 4464, page 182 of the Official Public Records of Brazos
County, Texas.
Said tract being more particularly described by metes and bounds as follows:
BEGINNING at a 1/2 inch iron rod found at the intersection of Jones Road (70' R.O.W.) and Raymond
Stotzer Parkway/F.M. 60 (150' R.O.W.) marking the south corner of this herein described tract;
THENCE: N 47° 26' 23" W along the northwest line of Jones Road for a distance of 470.40 feet to a 1/2
inch iron rod found marking the west corner of this herein described tract and the southwest corner of the
remainder of a called 35.9004 acre tract of land described by a deed to Martha Ann Williams recorded in
Volume 4464, page 185 of the Official Public Records of Brazos County, Texas. For reference, a 1/2 inch
iron rod found marking the west corner of said 35.9004 acre tract bears: N 47° 26' 24" E for a distance of
1008.29 feet;
THENCE: N 40° 40' 19" E for a distance of 509.05 feet to a 318 inch iron rod found marking the north
corner of this herein described tract;
THENCE: S 47° 27'09" E for a distance of 471.65 feet to a 1/2 inch iron rod found on the northwest line of
F.M. 60 marking the east corner of this herein described tract and the southeast corner of said 35.9004
acre tract. For reference, a 1/2 inch iron rod found marking the east corner of said 35.9004 acre tract
bears: N 41 ° 35'49" E for a distance of 507.62 feet;
THENCE: S 41° 31'01" W along the northwest line of F.M. 60 for a distance of 73.78 feet to a broken
concrete right-of-way monument found;
THENCE: S 40° 41'34" W along the northwest line of F.M. 60 for a distance of 435.34 feet to the POINT
OF BEGINNING containing 5.497 acres of land, more or less.
Note: The Company is prohibited from insuring the area or quantity of the land described herein. Any
statement in the above legal description of the area of land is not a representation that such area or
quantity is correct, but is made only for informational and/or identification purposes and does not override
Item No. 2 of Schedule B.
Schedule B Paragraphs 6a and 6b of the above described Owner's Title Policy
are hereby amended to read:
Vendor's lien retained in deed dated January 31, 2008, recorded in Volume 8428, page 228, and being
re-recorded in Volume 8589 page 235 of the Official Public Records of Brazos County, Texas from
Glynn A. Williams, Jr. to 60-Jones Associates, Ltd., a Texas Limited Partnership for the benefit of Glynn
ENDORSEMENT FORM T-3: General
A. Williams, Jr. as therein provided and all of the terms, provisions and conditions of said instrument.
Deed of Trust dated January 31, 2008, recorded in Volume 8428, page 231, and being re-recorded in
Volume 8589, page 228 of the Official Public Records of Brazos County, Texas executed by 60-Jones
Associates, Ltd., a Texas Limited Partnership to Bill Youngkin, Trustee, for the benefit of Glynn A.
Williams, Jr. as therein provided, and all of the terms, provisions and conditions of said instrument.
Nothing herein contained shall be construed as extending or changing the effective date of the aforesaid policy or
interim construction binder, unless otherwise expressly stated.
IN WITNESS HEREOF, the OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY has caused this
Endorsement to be executed by its President under the seat of the Company, but this Endorsement is to be valid only
when it bears an authorized countersignature.
OLD REPUBLIC NATIONAL TITLE INSURANCE
COMPANY
By:
AGGIELAND TITLE COMPANY
By: 7-r'
ENDORSEMENT FORM T-3: General
Aggieland Title Company
SUBSEA TO CERTIFICATE
GF#23868
PROPERTY DESCRIPTION:
Metes and bounds description of all that certain tract of land lying and being situated in
the JOHN H. JONES SURVEY, A-26, Brazos County, Texas. Said tract being the same
tract of land described by a deed to Glynn A. Williams, Jr. recorded in Volume 4464,
page 182 of the Official Public Records of Brazos County, Texas.
Said tract being more particularly described by metes and bounds as follows:
BEGINNING at a 1/2 inch iron rod found at the intersection of Jones Road (70' R.O.W.)
and Raymond Stotzer Parkway/F.M. 60 (150' R.O.W.) marking the south corner of this
herein described tract;
THENCE: N 47° 26' 23" W along the northwest line of Jones Road for a distance of
470.40 feet to a 1/2 inch iron rod found marking the west corner of this herein described
tract and the southwest comer of the remainder of a called 35.9004 acre tract of land
described by a deed to Martha Ann Williams recorded in Volume 4464, page 185 of the
Official Public Records of Brazos County, Texas. For reference, a 1/2 inch iron rod
found marking the west corner of said 359004 acre tract bears: N 47° 26' 24" E for a
distance of 1008.29 feet,
THENCE: N 40" 40' 19" E for a distance of 509.05 feet to a 3/8 inch iron rod found
marking the north corner of this herein described tract;
THENCE: S 47° 27' 09" E for a distance of 471.65 feet to a 1/2 inch iron rod found on
the northwest line of F.M. 60 marking the east comer of this herein described tract and
the southeast corner of said 35.9004 acre tract. For reference, a 1/2 inch iron rod found
:narking the east corner of said 35.9004 acre tract bears: N 41° 35' 49" E for a distance of
till/ F►") tPet;
THENCE: S 41° 31'01" W alone the northwest line of F.M. 60 for a distance of 73.78
feet to a broken concrete right-of-wav monument found;
THENCE: S 40° 41'34" W along the northwest line of F.M. 60 for a distance of 435.34
feet to the POINT OF BEGINNING containing 5.497 acres of land, more or less.
37.40 Connvrfivlel Drivo Nijito !n1 • Rrn.n r Tov- 77RO')
P (l_ fJox 4233 • Brvan. Yexac 77x05
Ytzone (Y/y1 /P--400 • lt* (97y) 7il-8404'
RECORD TITLE APPEARS TO BE VESTED IN:
60-Jones Associates, Ltd.
THE STATE OF TEXAS
COUNTY OF BRAZOS
We, AGGIELAND TITLE COMPANY, hereby certify that we have carefully
examined the records in the Office of the County Clerk of Brazos County, Texas, and
find nothing of record affecting title to the above captioned lands subsequent to:
January 30, 2008
EXCEPT the following:
1. Warranty Deed with Vendor's Lien dated January 31, 2008 from Glynn A.
Williams, Jr. to 60-Jones Associates, Ltd., filed for record on January 31,
2008 and recorded in Volume 8428, page 228 of the Official Public Records
of Brazos County, Texas.
2. Deed of Trust dated January 31, 2008 from 60-Jones Associates, Ltd. to Bill
Youngkin, Trustee, securing the payment of one note of even date therewith in
the principal sum of $445,000.00, and any other amounts payable under the
terms thereof, payable to Glynn A. Williams, Jr., filed for record with the
County Clerk of Brazos County, Texas, on January 31, 2008, recorded in
Volume 8428, page 231 of the Official Public Records of Brazos County,
Texas.
3. Correction Deed of Trust dated January 31, 2008 from 60-Janes Associates,
Ltd. to Bill Youngkin, Trustee, securing the payment of one note of even date
therewith in the principal sum of $445,000.00, and any other amounts payable
under the terms thereof, payable to Glynn A. Williams, Jr., filed for record
with the County Clerk of Brazos County, Texas, on May 13, 2008, recorded in
Volume 8589, page 228 of the Official Public Records of Brazos County,
Texas.
4. Correction Warranty Deed with Vendor's Lien dated January 31, 2008 from
Glynn A. Williams, Jr. to 60-Jones Associates, Ltd., filed for record on May
13, 2008 and recorded in Volume 8589, page 235 of the Official Public
Records of Brazos County, Texas.
5. Right of Way Easement dated June 19, 2006 from Glynn A. Williams, Jr. to
Brushy Water Supply Corporation, filed for record on April 2, 2009 and
recorded in Volume 9028, page 90 of the Official Public Records of Brazos
County, Texas.
6. Right of Way Easement dated June 19, 2006 from Glynn A. Williams, Jr. to
Brushy Water Supply Corporation, filed for record on April 2, 2009 and
recorded in Volume 9028, page 92 of the Official Public Records of Brazos
County, Texas.
We find State Tax Liens, Federal Tax Liens, Abstracts of Judgment or Lis Pendens of
record against the above captioned property owner as follows:
NONE FOUND
This certificate is prepared and delivered with the express understanding and agreement,
evidenced by the acceptance hereof, that the undersigned is not rendering an opinion as to
the title to the lands under investigation herein, and while believing its construction of the
records as hereinabove set out to be true and correct, still will incur no liability beyond
the fee paid for this certificate by reason of such construction, nor will it be liable for any
error or omission of any kind whatsoever.
RECORDS searched to the 4th day of June, 2009 at 7 o'clock a.m.
AGGIELAND TITLE COMPANY
r
BY:
Dana Gonzales, Title xaminer