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HomeMy WebLinkAbout10-00500084- 00075097Lawyers Title Company of Brazos County 1450 Copperfield Parkway College Station, TX 77845 Phone: 979-776-3600 Fax: 979-776-2383 TITLE REPORT Date: May 10, 2010 File No.: GF No. M2145 Record Title at the Effective Date Hereof is Vested in: TDG Management, L. P. The Land Referred to In this Report is Described as Follows: Lot Forty-Three (43), Block Three (3), HORSE HAVEN ESTATES, PHASE FOUR, an addition to the City of College Station, Brazos County, Texas, according to the Plat recorded in Volume 8976, Page 266, Official Records of Brazos County, Texas. Exceptions: • Building lines, and any and all easements as set out on plat recorded in Volume 8976, Page 266, Official Records of Brazos County, Texas. • Building lines, and any and all easements as set out in restrictions recorded in Volume 7872, Page 283 and in Volume 9290, Page 250, Official Records of Brazos County, Texas. • Terms, provisions, options, covenants, conditions, restrictions, easements, charges, fees, assessments, and liens provided in the Covenants, Conditions and Restrictions recorded in Volume 7872, Page 283, and as ratified for Phase Four in Volume 9290, Page 250, Official Records of Brazos County, Texas. Easement executed by V.J. Boriskie to Lone Star Gas Company, dated December 14, 1950, recorded in Volume 148, Page 417, Deed Records of Brazos County, Texas. (BLANKET) • Development Agreement dated December 14, 2006, between the City of College Station, and Lonestar-College Staton golf Academy, Ltd., recorded in Volume 7779, Page 117: as Amended in instrument dated February 14, 2008, recorded in Volume 8509, Pagd 44, Official Records of Brazos County, Texas. *Mineral and/or royalty interest, as described in instrument from Lydia Boriskie to Michael Wayne Thiltgen, dated February 10, 1982, recorded in Volume 510, Page 482, Deed Records of Brazos County, Texas, including but not limited to the right to use the surface of the land. Company makes no representation as to the present ownership of this interest. *Mineral and/or royalty interest, as described in instrument from Lydia Boriskie to Virginia Joy Hermann, dated February, 10, 1982, recorded in Volume 510, Page 493, Deed Records of Brazos County, Texas, including but not limited to the right to use the surface of the land. Company makes no representation as to the present ownership of this interest. *Mineral and/or royalty interest, as described in instrument executed by Michael Thiltgen and wife, Cheryl Thiltgen to Burton Ray Hermann and wife, Virginia Boriskie Hermann, dated April 6, 1994, recorded in Volume 2085, Page 289, Official Records of Brazos County, Texas, including but not limited to the right to use the surface of the land. Company makes no representation as to the present ownership of this interest. *Mineral and/or royalty interest, as described in instrument executed by Michael Thiltgen and wife, Cheryl Thiltgen to Burton Ray Hermann and Virginia Boriskie Hermann, dated September 18, 1998, recorded in Volume 3265, Page 115, Official Records of Brazos County, Texas, including but not limited to the right to use the surface of the land. Company makes no representation as to the present ownership of this interest. *Mineral and/or royalty interest, as described in instrument executed by Lydia Boriskie Partnership to Virginia B. Hermann and Burton Ray Hermann, dated June 28, 2002, recorded in Volume 4710, Page 271, Official Records of Brazos County, Texas, including but not limited to the right to use the surface of the land. Company makes no representation as to the present ownership of this interest. *Mineral and/or royalty interest, as described in instrument executed by Oakwood Custom Homes Group, Ltd. to Alton Ofczarzak, dated December 1, 2004, recorded in Volume 6413, Page 169, Official Records of Brazos County, Texas, including but not limited to the right to use the surface of the land. Company makes no representation as to the present ownership of this interest. *Terms, conditions and stipulations contained in Oil, Gas and Mineral Lease executed by Michael Wayne Thiltgen, Executor of the Estate of Lydia Frances Boriskie, Deceased to Baker Exploration Company, dated July 31, 1990, recorded in Volume 1210, Page 371, amended in instruments recorded in Volume 1317, Page 199, Volume 1319, age and Volume 2385, Page 89, all of the Official Records of Brazos County, Texas. `Terms, conditions and stipulations contained in Oil, Gas and Mineral Lease executed by Virginia Hermann to Baker Exploration Company, dated September 21, 1995, recorded in Volume 2463, Page 13, Official Records of. Brazos County, Texas. • *Terms, conditions and stipulations contained in Oil, Gas and Mineral Lease executed by Michael Wayne Thiltgen to Baker Exploration Company, dated September 21, 1995, recorded in Volume 2463, Page 21, Official Records of Brazos County, Texas. *Rights of mineral leasehold owners of access to, and use of the drill site or well location site as shown on the Master Plan of Horse Haven Estates, recorded in Volume 3065, Page 245, Official Records of Brazos County, Texas. • *Surface Waiver by Oil and Gas Lessee, by and between Union Pacific Resources Company, HH Exploration, Inc., Inco Oil Corp., Injoy, Ltd., Torch Energy Advisors, as Lessees, and Virginia Boriskie Hermann, Burton Ray Hermann, and Michael W. Thiltgen, Individually and as Independent Executor of the Estate of Lydia Frances Boriskie, Deceased, dated March 17, 1998, recorded in Volume 3077, Page 19, Official Records of Brazos County, Texas. *Surface Waiver by and between RME Petroleum Corporation, f/k/a Union Pacific Resources Company, as Operator, and Michael W. Thiltgen, Individually and as Independent Executor of the Estate of Lydia Frances Boriskie, Deceased, as Lessor, and Baker Exploration Company as Lessee, dated May 16, 2001, recorded in Volume 4153, Page 160, Official Records of Brazos County, Texas. Curative Matters: Obtain and file for record a release of Deed of Trust executed by TDG Management, L.P; and Oakwood Custom Homes Group, Ltd., to Sammy D. York, Trustee for the benefit of Citizens Bank, dated March 13, 2008, recorded in Volume 8496, Page 153, Official Records of Brazos County, Texas (in the amounts of $1,554,462.00 and $400,000.00). Assignment of Leases and Rentals executed by TDG Management, L.P. to Citizens Bank, dated March 13, 2008, recorded in Volume 8496, Page 167, Official Records of Brazos County, Texas. • Financing Statement from TDG Management, L.P. as Debtor, to Citizens Bank, as Secured Creditor, filed for record on March 19, 2008 in Volume 8496, Page 170, Official Records of Brazos County, Texas. Obtain and file for record a partial release of Deed of Trust executed by Oakwood Custom Homes Group, Ltd. to Sammy D. York, Trustee for the benefit of Citizens Bank, dated March 4, 2008, recorded in Volume 8477, Page 282, Official Records of Brazos County, Texas (in the amount of $400,000.00). Assignment of Leases and Rentals executed by Oakwood Custom Homes Group, Ltd. to Citizens Bank, dated March 4, 2008, recorded in Volume 8477, Page 295, Official Records of Brazos County, Texas. THIS REPORT IS ISSUED WITH THE EXPRESS UNDERSTANDING, EVIDENCED BY THE ACCEPTANCE OF SAME, THAT THE UNDERSIGNED, LAWYERS TITLE COMPANY OF BRAZOS COUNTY DOES NOT UNDERTAKE HEREIN TO GIVE OR EXPRESS ANY OPINION AS TO THE VALIDITY OF THE TITLE TO THE PROPERTY ABOVE DESCRIBED, NOR AS TO THE VALIDITY OF ANY OF THE INSTRUMENTS REPORTED HEREIN, INCLUDING THE PURPORTED DEED(S) ESTABLISHING THE RECORD OWNER(S) CITED ABOVE, BUT IS SIMPLY REPORTING BRIEFLY HEREIN, AS TO THE INSTRUMENTS FOUNDS OF RECORD PERTAINING TO THE SUBJECT PROPERTY, AND IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT THIS REPORT IS NEITHER A GUARANTY OR WARRANTY OF THE TITLE. Y ACCEPTANCE OF THIS TITLE REPORT, IT IS UNDERSTOOD THAT THE LIABILITY OF THE ISSUER HEREOF IS EXPRESSLY LIMITED TO $162.38. THIS SEARCH HAS BEEN LIMITED TO THE ABOVE MATTERS AND THE ABOVE TIME PERIOD AND LAWYERS TITLE COMPANY OF BRAZOS COUNTY HAS NOT SEARCHED FOR, NOR HAS REFLECTED HEREIN, ANY EXAMINATION AS TO TAX SUITS, SPECIAL ASSESSMENTS; CONFLICTS OR OTHER INSTRUMENTS WHICH MAY AFFECT TITLE TO THE SUBJECT PROPERTY. IF TITLE INSURANCE COVERAGE, WHICH IS NOT PROVIDED BY THIS REPORT, IS NEEDED, SAID COVERAGE IS AVAILABLE THROUGH THE APPLICABLE PROMULGATED POLICY(IES), AT THE SPECIFIED PROMULGATED PREMIUM. OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, HAVE BEEN CHECKED THROUGH April 28, 2010 @ 8:00 a.m. Laa:yers Title Company of Brazos County By Lawyers Title Company of Brazos County 1450 Copperfield Parkway College Station, TX 77845 Phone: 979-776-3600 Fax: 979-776-2383 TITLE REPORT Date: May 10, 2010 File No.: GF No. M2146 Record Title at the Effective Date Hereof is Vested in: TDG Management, L.P. The Land Referred to In this Report is Described as Follows: Lot Forty-Four (44), Block Three (3), HORSE HAVEN ESTATES, PHASE FOUR, an addition to the City of College Station, Brazos County, Texas, according to the Plat recorded in Volume 8976, Page 266, Official Records of Brazos County, Texas. Exceptions: • Building lines, and any and all easements as set out on plat recorded in Volume 8976, Page 266, Official Records of Brazos County, Texas. • Building lines, and any and all easements as set out in restrictions recorded in Volume 7872, Page 283 and in Volume 9290, Page 250, Official Records of Brazos County, Texas. • Terms, provisions, options, covenants, conditions, restrictions, easements, charges, fees, assessments, and liens provided in the Covenants, Conditions and Restrictions recorded in Volume 7872, Page 283, and as ratified for Phase Four in Volume 9290, Page 250, Official .Records of Brazos County, Texas. Easement executed by V.J. Boriskie to Lone Star Gas Company, dated December 14, 1950, recorded in Volume 148, Page 417, Deed Records of Brazos County, Texas. (BLANKET) Development Agreement dated December 14, 2006, between the City of College Station, and Lonestar-College Staton golf Academy, Ltd., recorded in Volume 7779, Page 117; as Amended in instrument dated Fe11 bruary 14, 2008, recorded in Volume 8509, Pagd 44, Official Records of Brazos County, Texas. *Mineral and/or royalty interest, as described in instrument from Lydia Boriskie to Michael Wayne Thiltgen, dated February 10, 1982, recorded in Volume 510, Page 482, Deed Records of Brazos County, Texas, including but not limited to the right to use the surface of the land. Company makes no representation as to the present ownership of this interest. *Mineral and/or royalty interest, as described in instrument from Lydia Boriskie to Virginia Joy Hermann, dated February 10, 1982, recorded in Volume 510, Page 493, Deed Records of Brazos County, Texas, including but not limited to the right to use the surface of the land. Company makes no representation as to the present ownership of this interest. • *Mineral and/or royalty interest, as described in instrument executed by Michael Thiltgen and wife, Cheryl Thiltgen to Burton Ray Hermann and wife, Virginia Boriskie Hermann, dated April 6, 1994, recorded in Volume 2085, Page 289, Official Records of Brazos County, Texas, including but not limited to the right to use the surface of the land. Company makes no representation as to the present ownership of this interest. *Mineral and/or royalty interest, as described in instrument executed by Michael Thiltgen and wife, Cheryl Thiltgen to Burton Ray Hermann and Virginia Boriskie Hermann, dated September 18, 1998, recorded in Volume 3265, Page 115, Official Records of Brazos County, Texas, including but not limited to the right to use the surface of the land. Company makes no representation as to the present ownership of this interest. *Mineral and/or royalty interest, as described in instrument executed by Lydia Boriskie Partnership to Virginia B. Hermann and Burton Ray Hermann, dated June 28, 2002, recorded in Volume 4710, Page 271, Official Records of Brazos County, Texas, including but not limited to the right to use the surface of the land. Company makes no representation as to the present ownership of this interest. 9 *Mineral and/or royalty interest, as described in instrument executed by Oakwood Custom mimes Group, Ltd. t Alton Ofczarzak, dated December 1, 2004, recorded in Volume 6413, Page 169, Official Records of Brazos County, Texas, including but not limited to the right to use the surface of the land. Company makes no representation as to the present ownership of this interest. • *Terms, conditions and stipulations contained in Oil, Gas and Mineral Lease executed by Michael Wayne Thiltgen, Executor of the Estate of Lydia Frances Boriskie, Deceased to Baker Exploration Company, ate July 31, 1990, recorded in Volume 1210, Page 371; amended in instruments recorded in Volume 1317, Page 199, Volume 1319, Page 7, and Volume 2385, Page 89, all of the Official Records of Brazos County, Texas. • *Terms, conditions and stipulations contained in Oil, Gas and Mineral Lease executed by Virginia Hermann to Baker Exploration Company, dated September 21, 1995, recorded in Volume 2463, Page 13, Official Records of Brazos County, Texas. • *Terms, conditions and stipulations contained in Oil, Gas and Mineral Lease executed by Michael Wayne Thiltgen to Baker Exploration Company, dated September 21, 1995, recorded in Volume 2463, Page 21, Official Records of Brazos County, Texas. *Rights of mineral leasehold owners of access to, and use of the drill site or well location site as shown on the Master Plan of Horse Haven Estates, recorded in Volume 3065, Page 245,, Official Records of Brazos County, Texas. • *Surface Waiver by Oil and Gas Lessee, by and between Union Pacific Resources Company, HH Exploration, Inc., Inco Oil Corp., Injoy, Ltd., Torch Energy Advisors, as Lessees, and Virginia Boriskie Hermann, Burton Ray Hermann, and Michael W. Thiltgen, Individually and as Independent Executor of the Estate of Lydia Frances Boriskie, Deceased, dated March 17, 1998, recorded in Volume 3077, Page 19, Official Records of Brazos County, Texas. *Surface Waiver by and between RME Petroleum Corporation, f/k/a Union Pacific Resources Company, as Operator, and Michael W. Thiltgen, Individually and as Independent Executor of the Estate of Lydia Frances Boriskie, Deceased, as Lessor, and Baker Exploration Company as Lessee, dated May 16, 2001, recorded in Volume 4153, Page 160, Official Records of Brazos County, Texas. Curative Matters: • Obtain and file for record a release of Deed of Trust executed by TDG Management, L.P. and Oakwood Custom Homes Group, Ltd., to Sammy D_ York, Trustee for the benefit of Citizens Bank, dated March 13, 2008, recorded in Volume 8496, Page 153, Official Records of Brazos County, Texas (in the amounts of $1,554,462.00 and $400,000.00). Assignment of Leases and Rentals executed by TDG Management, L.P. to Citizens Bank, dated March 13, 2008, recorded in Volume 8496, Page 167, Official Records of Brazos County, Texas. Financing Statement from TDG Management, L.P. as Debtor, to Citizens Bank, as Secured Creditor, filed for record on March 19, 2008 in Volume 8496, Page 170, Official Records of Brazos County, Texas. Obtain and file for record a partial release of Deed of Trust executed by Oakwood Custom Homes Group, Ltd. to Sammy D. York, Trustee for the benefit of Citizens Bank, dated March 4, 2008, recorded in Volume 8477, Page 282, Official Records of Brazos County, Texas (in the amount of $400,000.00). Assignment of Leases and Rentals executed by Oakwood Custom Homes Group, Ltd. to Citizens Bank, dated March 4, 2008, recorded in Volume 8477, Page 295, Official Records of Brazos County, Texas. THIS REPORT IS ISSUED WITH THE EXPRESS UNDERSTANDING, EVIDENCED BY THE ACCEPTANCE OF SAME, THAT THE UNDERSIGNED, LAWYERS TITLE COMPANY OF BRAZOS COUNTY DOES NOT UNDERTAKE HEREIN TO GIVE OR EXPRESS ANY OPINION AS TO THE VALIDITY OF THE TITLE TO THE PROPERTY ABOVE DESCRIBED, NOR AS TO THE VALIDITY OF ANY OF THE INSTRUMENTS REPORTED HEREIN, INCLUDING THE PURPORTED DEED(S) ESTABLISHING THE RECORD OWNER(S) CITED ABOVE, BUT IS SIMPLY REPORTING BRIEFLY HEREIN, AS TO THE INSTRUMENTS FOUNDS OF RECORD PERTAINING TO THE SUBJECT PROPERTY, AND IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT THIS REPORT IS NEITHER A GUARANTY OR WARRANTY OF THE TITLE. Y ACCEPTANCE OF THIS TITLE REPORT, IT IS UNDERSTOOD THAT THE LIABILITY OF THE ISSUER HEREOF IS EXPRESSLY LIMITED TO $162.38. THIS SEARCH HAS BEEN LIMITED TO THE ABOVE MATTERS AND THE ABOVE TIME PERIOD AND LAWYERS TITLE COMPANY OF BRAZOS COUNTY HAS NOT SEARCHED FOR, NOR HAS REFLECTED HEREIN, ANY EXAMINATION AS TO TAX SUITS, SPECIAL ASSESSMENTS, CONFLICTS OR OTHER INSTRUMENTS WHICH MAY AFFECT TITLE TO THE SUBJECT PROPERTY. IF TITLE INSURANCE COVERAGE, .`HICH iS NOT PROVIDED BY THIS REPORT, IS NEEDED, SAID COVERAGE IS AVAILABLE THROUGH THE APPLICABLE PROMULGATED POLICY(IES), AT THE SPECIFIED PROMULGATED PREMIUM. OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, HAVE BEEN CHECKED THROUGH April 28, 2010 @ 8:00 a.m. Lawyers Title Company of Brazos County By: ~enee A. ell r