HomeMy WebLinkAboutNothing Further Certificate
OCT. 8.2009 4:34PM University Title Company NO.7607 P. 3
GF Number: 00094188
Effective Date: September 27, 2009
Examiner: LEL
NOTHING FURTHER CERTMCATE
STATE OF TEXAS
COUNTY OF BRAZOS
THIS IS TO CERTIFY: That we have examined the records of the County Clerk of Brazos County, Texas as they
are reflected in the geographically indexed title plant of University Title Company as to the following property, to-
wit:
Lots FiveA-R (SA-R) and FiveB-R (5B-R), Block Nine (9), Tndian Lakes Subdivision Phase X,
Brazos County, according to replat thereof recorded in Volume 8123, Page 139 of the Official
Records of Brazos County, Texas
and that our records reflect that the following is a true and correct list of documents affecting title to the real property
described supra between the dates of July 26, 2001 and September 27, 2009:
Special Warranty Deed:
Grantor: Thousand Oaks Development Company Joint Venture
Grantee: Smiling Mallard Development, Ltd.
Dated: July 26, 2001
Recorded: Volume 4247, Page 51, Official Records, Brazos County, Texas.
Restrictions:
Dated: July 26, 2001
Recorded: Volume 4247, Page 70, Official Records, Brazos County, Texas.
Surface. Waiver and Drill Site 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.
Deed of Trust to secure a Note:
Grantor: Smiling Mallard Development, Ltd.
Trustee: Timothy N. Bryan
Beneficiary: The First National Bank of Bryan
Amount: $1,300,000.00
Dated: July 26, 2001
Recorded: Volume 4247, Page 92, Official Records, Brazos County, Texas.
Oil and Gas Lease, and all terms, conditions and stipulations therein:
Lessor: Thousand Oaks Development Company Joint Venture
Lessee: Ogden Resources Corporation
Dated: July 26, 2001
Recorded: Volume 4268, Page 55, Official Records, Brazos County, Texas.
Amended:
Recorded: Volume 4492, Page 336, Official Records, Brazos County, Texas. Title to said interest has not
been investigated subsequent to the date of the aforesaid instrument.
Deed of Trust to secure a Note:
Grantor: Smiling Mallard Development, Ltd.
Trustee: Timothy N. Bryan
Beneficiary. The First National Bank of Bryan
Amount: $500,000.00
Dated: February 11, 2002
Recorded: Volume 4490, Page 20, Official Records, Brazos County, Texas.
Extension;
Dated: September 1, 2001
Recorded: Volume 4641, Page 254, Official Records, Brazos County, Texas.
OCT. 8.2009 4:34PM University Title Company NO.7607 P. 4
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. (Renews and Extends Deed of
Trust recorded in Volume 4247, Page 92 and Volume 4490 and Page 20, Official Records, Brazos County,
Texas.)
Said Note being further secured by Assignment of Agreements Affecting Real Estate:
Dated: August 29, 2002
Recorded: Volume 4824, Page 75, Official Records, Brazos County, Texas.
Said Note and Deed of Trust modified by Agreement:
Dated: May 16, 2003
Recorded: Volume 5305, Page 166, Official Records, Brazos County, Texas.
Said Note and Deed of Trust modified by Agreement:
Dated: February 19, 2004
Recorded: Volume 5881, Page 121, Official Records, Brazos County, Texas.
Said Note and Deed of Trust modified by Agreement:
Dated: February 19, 2005
Recorded: Volume 6587, Page 1, Official Records, Brazos Comity, Texas.
Said Note and Deed of Trust modified by Agreement:
Dated: February 19, 2006
Recorded: Volume 7226, Page 160, Official Records, Brazos County, Texas.
Said Note and Deed of Trust modified by Agreement:
Dated: February 19, 2008
Recorded: Volume 8517, Page 1, Official Records, Brazos County, Texas.
Said lien being assigned to Prosperity Bank by Assignment:
Dated: April 1, 2009
Recorded: Volume 9061, Page 262, Official Records, Brazos County, Texas.
Plat:
Dated: May 19, 2003
Recorded: Volume 5304, Page 189, Official Records, Brazos County, Texas.
Restrictions:
Dated: June 18, 2003
Recorded: Volume 5375, Page 33, Official Records, Brazos County, Texas.
Restrictions:
Dated: June 25, 2003
Recorded: Volume 5403, Page 91, 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 further secured by Assignment Agreements Affecting Real Estate:
Dated: February 19, 2004
Recorded: Volume 6586, Page 247, Official Records, Brazos County, Texas.
Said Note and Deed of Trust modified by Agreement:
Dated: February 19, 2005
Recorded: Volume 6586, Page 273, Official Records, Brazos County, Texas.
Said Note and Deed of Trust modified by Agreement:
Dated: February 19, 2006
Recorded: Volume 7226, Pago 136, Official Records, Brazos County, Texas.
Said Note and Deed of Trust modified by Agreement:
Dared: February 19, 2008
Recorded: Volume 8516, Page 271, Official Records, Brazos County, Texas.
A
OCT. 8.2009 4:35PM University Title Company N0.1607 P. 5
Said lien being assigned to Prosperity Bank by Assignment;
Dated: April 21, 2009
Recorded: Volume 9061, Page 279, Official Records, Brazos County, Texas.
Resubdivision Plat:
Dated: February, 2004
Recorded: Volume 5978, Page 150, Official Records, Brazos County, Texas.
Replat:
Dated: April, 2007
Recorded: Volume 8123, Page 139, Official Records, Brazos County, Texas.
Restrictions:
Dated: July 23, 2008
Recorded: Volume 8724, Page 128, Official Records, Brazos County, Texas.
This certificate is issued with the express understanding, evidenced by the acceptance of same that the undersigned
does not undertake to give or express any opinion as to the validity of the title to the property above, but is simply
reporting briefly herein as to the instruments listed above found of record pertaining to said property, and it is
expressly understood and agreed that this Certificate is neither a guaranty nor warranty of the title. By acceptance of
this Certificate it is understood that the liability of the issuer hereof is expressly limited to the actual monetary
consideration paid for same. We have not made any examination as to property taxes, tax suits, special assessments
or conflicts.
University Title Company
By;
(rdt)
TF