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TITLE REPORT for UNIVERSITY TITLE COMPANY
1021 University Dr. East, College Station, Texas 77840
G.F. No.: 00094686
Certification Date: November 8, 2009
Examiner lei
Property Description:
Field notes of a 92.517 acre tract or parcel of land, lying and being situated in the Andrew Miller, A-165,
the Clement Rainey Survey, A-201, and the H.G. Hudson Survey, A-140, Brazos County, Texas, and being
part of the 8031 acres tract described in the Deed recorded in Volume 856, Page 629,of the Official Records
of Brazos County, Texas, and all of the 16.71 acres tract described in the Deed recorded In Volume 959,
r Page 262, of the Official Records of Brazos County, Texas, said 92,517 acres tract being more particularly
described as follows:
BEGINNING at the 1/2-inch iron rod found for corner marking the lower northwest corner of the 80.31
acre tract, said iron rod marking the northeast corner of the Edward Valenta 83.8045 acres tract, the
southeast corner of the Jon N. Acklam 42.842 acres tract and the southwest corner of the Debbie Stormer
25.51 acres tract;
THENCE N 861 06' 04" E along the northwest line of the 80.31 acres tract for a distance of 491.52 feet to a
POINT for corner marking a northeast corner of the 8031 acres tract and the northwest corner of the
16.71 acres tract, a 112-inch iron rod found bears S 881 51' 54" E a distance of 3.27 feet;
THENCE S 89' 10' 33" E along the northeast line of the 16.71 acres tract for a distance of 999.70 feet to a
112-inch iron rod found for corner marking the northeast corner of the 16.71 acres tract and a northwest
corner of the 80.31 acres tract;
THENCE along the northerly lines of the 8031 acres tract for the following calls:
S 89' 08' 41" E for a distance of 59.98 feet to a POINT for angle point;
S 89' 23' 34" E for a distance of 579.03 feet to a 3/8-inch iron rod found for corner marking an interior ell
corner of the 80.31 sera tract and the southeast corner of the Scott Medlin 16.68 acres tract (3836154);
THENCE N or 56' 04" E along the fence found marking the upper west line of the 80.31 acres tract, same
being the easterly line of the Medlin 16.68 acres tract, for a distance of 795.80 feet to a TxDOT Concrete
Monument found for corner, said monument marking the southwest corner of a 2.46 acres tract (55331197)
out of the 8031 acres tract and. conveyed for right-of-way of State highway No. 6;
THENCE along the southwest lines of the 2.46 acres tract, same being the southwest right-of-way of the
proposed State Highway No. 6, for the following calls:
S 38' 53' 23" E for a distance of 1,524.59 feet to a TxDOT Concrete Monument found for angle point;
S 20' 27' 17" E for a distance of 103.75 feet to a TxDOT Concrete Monument found for angle point;
S 38' $31 26" E for a distance of 143.85 feet to a POINT for corner in the centerline of Peach Creek, same
being the southerly line of the 80.31 acre tract, a 5/8-inch iron rod found for reference bears
S 38.57' 26" E a distance of 65.62 feet;
THENCE along the southerly lines of the 8031 acres tract, same being along the centerline of Peach Creek,
for the following calls:
N 75' 27' 21" W 103.15 feet;
S 72.24' 25" W 115.98 feet;
S 76' 09' 47" W 380.03 feet;
S 42.52' 56" W 136.76 feet;
S 6r 31' 28" W 705.55 feet;
S 40' SS 23" W 59.48 feet;
N 85' OS 30" W 61.35 feet;
N 17.56' 25" W 41.24 feet;
N Ir 04' 31" E 14937 feet;
N 58' 54' 47" W 36.19 feet
N 80' 32' 56" W 80.06 feet
N 65.31' 36" W 86.06 feet
S 85' or 09" W 82.20 feet
S 23' 50' 33" W 103.44 feet;
S 05' 46' 19" W 85.42 feet;
S 60' 46' 03" W 150.16 feet;
Received Time Nov.23. 5:10PM
979 693 8819 THE ELLISON FIRM :18 P.M. 11-23-2009 3 /6
S 17131102" W 6817 feet;
S 39' 51' 36" E 65.26 feet;
S 13' 53' 02" E 131.42 feet;
S 55' 53' 14" W 51.74 feet;
N 41' 15' 54" W 95.07 feet;
S 80' 30' 51" W 12145 feet;
S 49' 43'30" W 19857 feet to a point for corner in or near the common line of the Miller Survey and the
Rainey Survey;
THENCE continuing along the centerline of Peach Creels and the south line of the 8031 acres tract for the
following calls:
N Sr 37'29" W 45.88 feet;
N 63' 16' 50" W 38.95 feet;
N 52' 40' 53" W 164.60 feet;
N 71' 24' 02" W 8732 feet;
S 26' 52' 08" W 107.65 feet;
S 63' 54' 01" W 57.99 feet;
S 69' 38' 16" W 243.49 feet;
N 39' 10' 26" W 174.79 feet;
N 76.02' 32" W 154.91 feet;
N 89' 58' 49" W 124.93 feet;
S 63' 16' 48" W 113.52 feet;
S 20' 10' 42" W 109.52 feet;
S 28' 28' 09" E 85.93 feet;
S 85' 45' 23" E 125.97 feet;
S 60' 37' 29" E 69.42 feet;
S 02° 53' 27" W 31.46 feet;
S 72' 06' 36" W 148.54 feet;
S 02'47' 08" W 175.98 feet;
S 48' 50' 22" W 1557 feet;
S 19' 11'06" W 111.05 feet;
S 32' 20' 17" E 10451 feet;
S 09.02' 54" W 72.65 feet;
S 54' 07' 48" W 45.50 feet;
S 15' 35' 20" E 9137 feet;
N 78' 18' 19" E 7338 feet;
S 42' 23' 18" E 105.41 feet;
S 00' 20' 03" E 48.98 feel;
S 40' 59' 10" W 157.46 feet;
S 54' 51' 07" W 130.22 feet;
S 20.21' 48" W 109.10 feet;
N Sr 56' 28" W 154.22 feet;
N 78'28,121, W 183.55 feet to a point for corner, said point marking the southwest corner of the 80.31
acres tract, a 1/2-inch iron rod found for reference bean N 00' 24' 26" E a distance of 84.66 feet;
THENCE N 00' 24' 26" E along the lower west line of the 8031 acres trace same being the east line of the
Valenta 83.8045 acres tract, for a distance of 2,452.64 feet to the PLACE OF BEGINNING containing
92517 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 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 and does not
override Item 2 of Schedule B hereof.
Title Vested In:
Peach Creek Partners, Ltd., a Texas limited partnership
Subiea To:
Deed of Trust to secure a Note:
Grantor. Peach Creek Partnership, Ltd., a Texas limited partnership
Trustee: James C. Holland, Jr.
Beneficiary: Lawrence G. Fraser and wife, Barbara Rat Fraser
Amount: $460,000.00
Dated: August 30, 2005
Recorded: Volume 6905, Page 104, Official Records, Brazos County, Texas.
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Said Note being additionally secured by Collateral Assignment of Leases, Deposits and Agreements:
Dated: August 3D, 2005
Recorded: Volume 6905, Page 128, Official Records, Brazos County, Texas.
Financing Statemcut:
Debtor. Peach Creek Partnership, Ltd.
Secured Party: Lawrence G. Fraser
Recorded: September 2, 2005, under File No. 05-0027770856 with the Texas Secretary of State
Restrictions:
None of Record
Excentionst
Electrical Line Easement
From: Lawrence G. Fraser
To: City of Bryan
Dated: July 15,1987
Recorded: Volume 1009, Page 464, Official Records, Brazos County, Texas
Telephone Line Easement on the North side:
From: Lawrence G. Fraser
To: General Telephone Company of the Southwest
Dated: December 2, 1987
Recorded: Volume 1031, Page 385, Official Records, Brazos County, Texas.
Waterline Easement:
From: Lawrence G. Fraser
To: Wellborn Water Supply Corporation
Dated: January 16, 1990
Recorded: Volume 1208, Page 404, Official Records, Brazos County, Texas.
Blanket Easement:
From: Ellen Syms Jordan
To: City of Bryan
Dated: February 23, 1950
Recorded: Volume 141, Page 579, Deed Records, Brazos County, Texas
Blanket Easement:
From: P. P. Prescott
To: City of Bryan
Dated: September 9,1961
Recorded: Volume 215, Page 576, Deed Records, Brazos County, Texas.
Blanket Easement:
From: P. P. Prescott
To: Lone Star Gas Co.
Dated: January 16, 1951
Recorded: Volume 148, Page 465, Deed Records, Brazos County, Texas.
Easement
From: Peach Creek Partners, Ltd.
To: Wellborn Special Utility District
Dated: April 3, 2009
Recorded: Volume 9049, Page 153, Official Records, Brazos County, Texas.
Reciprocal Easement Agreement by and between:
Parties: Prescott Ranch Joint Venture and Wm. Fleming, Jr.
Dated: August 10, 1984
Recorded: Volume 809, Page 191, Official Records, Brazos County, Texas.
Drainage Easement Awarded in Judgment
Parties: State of Texas vs. Lawrence G. Fraser, at al
Cause No.: 237-CC
Dated: January 25,1988
Recorded: Volume 1026, Page 431, Oftleial Records, Brazos County, Texas.
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Minerals and/or Rovalties:
Mineral Deed:
By: Algie J. Jordan, et ax
To: J. Nye Ryman
Dated: January 16, 1929
Recorded: Volume 77, Page 238, Deed Records, Brazos County, Texas. Title to said interest has not been
investigated subsequent to the date of the aforesaid instrument
Mineral Deed:
By: Prescott Ranch Joint Venture
To: Felipe A. Thorndike
Dated: October 16, 1981
Recorded Volume 498, Page 15, 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: J. W. McFarlane, Trustee
To: William D. Fitch
Dated: November 16,1983
Recorded: Volume 624, Page 66, Official Records, Brazos County, Texas;
Amended by Waiver of Surface Rights:
Recorded: Volume 959, Page 272, Official 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: J. W. Sims
To: P. P. Prescott
Dated: March 9, 1963
Recorded: Volume 226, Page 107, 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: Lawrence Grocery Company
To: P. P. Prescott
Dated: February 22, 1949
Recorded: Volume 138, Page 146, Deed Records, Brazos County, Texas. Title to said interest has not been
investigated subsequent to the date of the aforesaid instrument.
Mineral and Royalty Deed:
By: Sunshine D. Ryman, et al
To: Virginia R. Larson
Dated July 30, 1972
Recorded: Volume 318, Page 509, Deed Records, Brazos County, Texas. Title to said interest has not been
investigated subsequent to the date of the aforesaid instrument.
Oil and Gas Lease, and all terms, conditions and stipulations therein:
Lessor. Lawrence G. Fraser, et ux
Lessee: Lometa Petroleum Corporation
Dated January 25, 1993
Recorded: Volume 1716, Page 240, Official Records, Brazos County, Texas.
Assigned in Assignment and Assumption ofOil and Gas Lease, and all terms, conditions and stipulations therein:
Lessor Lawrence G. Fraser, et ux
Lessee: Peach Creek Partners, Ltd., a Texas limited partnership
Dated: August 30, 2005
Recorded: Volume 6905, Page 122, Official Records, Brazos County, Texas. Title to said interest has not
been investigated subsequent to the date of the aforesaid instrument.
Oil and Gas Lease, and all tetras, conditions and stipulations therein:
Lessor: Virgbinia R. Parsson Trust
Lessee: Lometa Petroleum Corporation
Dated: January 19, 1993
Recorded: Volume 1704, Page 112, Official Records, Brazos County, Texas. Title to said interest has not
been investigated subsequent to the date of the aforesaid instrument
Oil and Gas Lease, and all terms, conditions and stipulations therein:
Lessor: Julia Ryman Holmes
Lessee: Lomets Petroleum Corporation
Dated January 19,1993
Recorded: Volume 1705, Page 225, Official Records, Brazos County, Texas. Title to said interest has not
been investigated subsequent to the date of the aforesaid instrument.
JA
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Oil and Gas Lease, and all terms, conditions and stipulations therein:
Lessor. Eldridge D. Ryman
Lessee: Lometa Petroleum Corporation
Dated: January 19,1993
Recorded: Volume 1720, Page 55, Official Records, Brazos County, Texas. Title to said interest has not
been investigated subsequent to the date of the aforesaid iastrument.
Oil and Gas Lease, and all terms, conditions and stipulations therein:
Lessor. Barbara Ryman Degman
Lessee: Lometa Petroleum Corporation
Dated: January 19,1993
Recorded: Volume 1724, Page 330, 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 understandntg, evidenced by
acceptance of some, that the liability of the undersigned is limited to the actual monetary consideration paid for
same.
University Title Company
(l.tu)
Received Time Nov.?3. 10 PM