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HomeMy WebLinkAbout10-00500080- 00075110Lawyers Title Company of Brazos County 1450 Copperfield Parkway College Station, TX 77845 Phone: 979- 776 -3600 Fax: 979 - 776 -2383 NOTHING FURTHER LETTER Date: April 28, 2010 File No.: GF No. M2144 Record Title at the Effective Date Hereof is Vested in: 60 -Jones Associates, Ltd. The Land Referred to In this Report is Described as Follows: Lots One A (1A) and One B (1 B), Block One (1), Aggieland Business Park, a subdivision in Brazos County, Texas, according to the Replat of Lot 1, Block 1, Aggieland Business Park, recorded in Volume 8930, Page 158, Official Records of Brazos County, Texas. The above name(s) and legal description was searched for deeds, deeds of trust, mechanics liens, judgments, federal tax liens, state tax liens, and all other filings in the official records which would affect title, from June 15, 2009 at 8:00 a.m. (the effective date of Title Report issued under our file No. M2075) to April 16, 2010 @ 8:00 a.m. and we find no other actions or conveyance affecting the title to said land from June 15, 2009 at 8:00 a.m. except the following: Modification Agreement and Renewal and Extension of Real Estate Note and Liens by and between 60 -Jones Associates, Ltd. and The Brenham National Bank, dated August 31, 2009, but effective as of August 14, 2009, recorded in Volume 9315, Page 280, Official Records of Brazos County, Texas. (Modifies Deed of Trust recorded in Volume 8204, Page 229, Official Records of Brazos County, Texas.) (Affects Lot 1B only) THIS NOTHING FURTHER LETTER 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 FOUND OF RECORD PERTAINING TO THE SUBJECT PROPERTY, AND IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT THIS NOTHING FURTHER LETTER IS NEITHER A GUARANTY OR WARRANTY OF THE TITLE. BY ACCEPTANCE OF THIS NOTHING FURTHER LETTER, IT IS UNDERSTOOD THAT THE LIABILITY OF THE ISSUER HEREOF IS EXPRESSLY LIMITED TO $0.00. 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 NOTHING FURTHER LETTER, 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 16, 2010 @ 7:00 AM. Lawyers Title Company of Brazos County By: a Long May. 4. 2010 1: 55PM law- -s T i t I e No. 5908 P. 1 Lawyers Title Company of Brazos County 1450 Copperl9eld Parkway College Station, TX 77845 Phone: 979 - 776.3600 Fax: 979 - 776.2383 NOTHING FURTHER LETTER Date: April 28, 2010 File No.: GF No. M2144 Record Title at the Effective Date Hereof is Vested in: 60 -Jones Associates, Ltd. The Land Referred to In this Report is Described as Follows: Lots One A (1A) and One B (1 B), Block One (1), Aggieland Business Park, a subdivision in Brazos County, Texas, according to the Replat of Lot 1, Block 1, Aggieland Business Park, recorded in Volume 8930, Page 158, Official Records of Brazos County, Texas. The above name(s) and legal description was searched for deeds, deeds of trust, mechanics liens, judgments, federal tax liens, state tax liens, and all other filings in the official records which would affect title, from June 15, 2009 at 8:00 a.m. (the effective date of Title Report issued under our file No. M2075) to April 16, 2010 @ 8:00 a.m. and we find no other actions or conveyance affecting the title to said land from June 15, 2009 at 8 :00 a, m. except the following: Modification Agreement and Renewal and Extension of Real Estate Note and Liens by and between 60 -Jones Associates, Ltd, and The Brenham National Bank, dated August 31, 2009, but effective as of August 14, 2009, recorded in Volume 9315, Page 280, Official Records of Brazos County, Texas. (Modifies Deed of Trust recorded in Volume 6204, Page 229, Official Records of Brazos County, Texas.) (Affects Lot 1B only) May. 4. 2010 1: 55PM law s T i t 1 e No 5906 P. 2 THIS NOTHING FURTHER LETTER 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 FOUND OF RECORD PERTAINING TO THE SUBJECT PROPERTY, AND IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT THIS NOTHING FURTHER LETTER IS NEITHER A GUARANTY OR WARRANTY OF THE TITLE. BY ACCEPTANCE OF THIS NOTHING FURTHER LETTER, IT IS UNDERSTOOD THAT THE LIABILITY OF THE ISSUER HEREOF IS EXPRESSLY LIMITED TO $0.00, THIS SEARCH HAS BEEN LIMITED TO THE ABOVE MATTERS AND THE ABOVE TIME PERIOD AND LAWYERS TITLE COMPANY OF BRAZOS COUNTY HAS NOT SEARCHED FOR, NOR HAS REFLECTED HEREIN, ANY EXAMINATION AS TO TAX SUITS, SPECIAL ASSESSMENTS, CONFLICTS OR OTHER INSTRUMENTS WHICH MAY AFFECT TITLE TO THE SUBJECT PROPERTY. IF TITLE INSURANCE COVERAGE, WHICH IS NOT PROVIDED BY THIS NOTHING FURTHER LETTER, IS NEEDED, SAID COVERAGE IS AVAILABLE THROUGH THE APPLICABLE PROMULGATED POLICY(IES), AT THE SPECIFIED PROMULGATED PREMIUM. OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, HAVE BEEN CHECKED THROUGH APRIL 16, 2010 @ 7:00 AM. Lawyers Title Company of Brazos County �'� Jill III May. 4, 2010 1: 55PM lawy " T i t 1 e No. 5908 P. 3 60-JONES ASSOCIATES, LTD. , 46960252 Doc 9k vol Ps OIO41 OR 9315 280 NOTICE OF CONFIDENTIALITY RIGEn: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN TEM PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE. MODIFICATION AGREEMENT AND RENEWAL AND EMN$ION OF REAL ES'T'ATE NOTK AND LIENS THE STATE OF TEXAS § COUNTY OF BRAZOS § WHEREAS, THE BRENHAM NATIONAL BANK (hereinafter called "Bank'), is the lawfiil owner and holder of the following Note and liens: NOTE Date: August 14, 2007 Original principal balance: ONE MILLION AND NO 1100 DOLLARS ($1,000,000.00) Makers of Note: 60 -JONES ASSOCIATES, LTD., a Texas limited partnership, acting by and through its duly authorized General Partner, 60- JONES, L.L.C., a Texas Limited liability company, acting by and through its duly authorized Manager, JAMES E. JETT Named Payee: THE BRENHAM NATIONAL BANK Original Interest Rate: A rate of eight and one - quarter percent (8.25%) per annum Original terms of payment: Principal is due and payable on or before August 14, 2009. Interest is payable quarterly as it accrues, on November 14, 2007, February 14, 2008, May 14, 2008, August 14, 2008, November 14, 2008, February 14, 2009, and May 14, 2009, and at maturity. Not Modification Agreements: NONE. Final Maturity: August 14, 2009 DEED OF TRUST Date: August 14, 2007 JDW,-CPR BRENHiAMNA71ONALBAMO-JONES 07 -06251MODMCATIONMODWASION P ose I May. 4. 2010 1:55PM Law- Title No. 5908 P. 4 Doc 8k Vol P9 01041519 DR 931.5 281 Grantor: 60 -JONES ASSOCIATES, LTD., a Texas limited paraaenhip, acting by and through its duly authorized General Partner, 60- JONES, L.L.C., a Texas limited liability company, acting by and through its duly authorized Manager, JAMES E. JETT Trustee: MICHAEL R. RUDLOFF Named Beneficiary: THE BRENHAM NATIONAL BANK Property: Being four (4) tracts or parcels of land lying and being situated in the J. H. Jones Survey, Abstract No. 26, in Brazos County, 'texas, containing 79.169 acres, 37.658 acres, 0.744 acre, and 0.95 acre, respectively, and being more Billy described by metes and bounds on Exhibit i 1 A" attached hereto and made a part hereof for all purposes. Recordation: Volume 8204, Page 229, Official Records of Brazos County, Texas WHEREAS, Beneficiary has released certain lots, tracts orparcels of land as security for said Note, as follows: (1) Partial Release of Lien dated September 28, 2007, recorded in Volume 8273, Page 46, Official Records of Brazos County, Texas, which released Lot Seven (7), Block Four (4), AGGIELAND BUSINESS PARK, PHASE 4, an addition to Brazos County, Texas, according to a plat recorded in Volume 8169, Page 135, Official Records of Brazos County, Texas; (2) Partial Release of Lien dated January 11, 2008, recorded in Volume 8408, Page 207, Official Records of Brazos County, Texas, which released Lot Eight (8), Block Four (4), AGGIELAND BUSINESS PARK, PHASE 4, an addition to Brazos County, Texas, according to a plat recorded in Volume 8169, Page 135, Official Records of Brazos County, Texas; (3) Partial Release of Lien dated June 12, 2008, recorded in Volume 8650, Page 142, Official Records of Brazos County, Texas, which released Lot Nineteen (19), Block Three (3), AGGIELAND BUSINESS PARK, PHASE 1, an addition to Brazos County, Texas, according to a plat recorded in Volume 8562, Page 146, Official Records of Brazos County, Texas; and (4) Partial Release of Lien dated February 18, 2009, recorded in Volume 8967, Page 240, Official Records of Brazos County, Texas, which released Lot lA, Block 1, AGGIELAND BUSINESS PARK, an addition to Brazos County, "texas, according to a plat recorded in Volume 8930, Page 158, Official Records of Brazos County, Texas; and JDW:CFR BRENHAMNAMONALBANZ60,1oN8s 07.0625NODffICATIOMMOMMION Pogo 2 May. 4. 2010 1:55PM lawv , s Title No. 5908 P. 5 Doc 8k Vol Pe 010;1$14 OR 9315 282 WHEREAS, 60 -JONES ASSOCIATES, LTD., a Texas limited partnership (hereinafter called " Aorrower'i, whether one or more, has requested Bank to modify the interest rate and/or extend or rearrange the time or manner of payment on said Note above described and to extend and carry forward all lions securing payment of said Note; and WHEREAS, Bank, in consideration of the premises and at the request of Borrower, has agreed to modify the interest rate and/or to extend and/or rearrange the time and/or manner of payment of said Note and renew and extend the liens securing payment thereof as hereinafter provided: NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: For good and valuable consideration, the receipt and sufficiency of which being hereby acknowledged and confessed, the said Bank, acting herein by andthrough its duly authorized officer, and Borrower do covenant and contract and agree as follows: 1. Borrower acknowledges and agrees that the unpaid principal balance owing on the Note above described, as of August 14, 2009, is THREE HUNDRED EIGHTY -TWO THOUSAND EIGHT HUNDRED THIRTY -EIGHT AND 08/100 DOLLARS ($382,838A8). Interest that has accrued upon such Note to August 14, 2009, has been paid. 2. Borrower hereby renews and extends the unpaid principal balance owing on the Note hereinabove described, and jointly and severally promise to pay to THE BRENHAM NATIONAL BANK, or order, in the City of Brenham, Washington County, Texaa, the sum Of $1,000,000.00, or so much thereof as may from time to time be advanced (there presently being advanced as of the effective date of this agreement the sum of $392,838.08), together with interest as it accrues on such amounts presently advanced and on such amounts advanced from time to time afar August 14, 2009, until paid, at the rate of six percent (6.009'0) per annum, said Note to be payable as follows: The principal balance on this Note is due and payable on or before August 14, 2011 ( "MaturiV1. Interest, computed on the unpaid principal balance, shall be due and payable quarterly as it accrues, commencing with the first payment of accrued interest being due and payable on the 14th day of November, 2009, and the remaining quarterly payments of accrued interest being due on February 14, 2010, May 14, 2010, August 14, 2010, November 14, 2010, February 14, 2011, and May 14, 2011, JDW; CPR DRENHAWAT NALRANX160 -JONES 07-0625W0D1F1CAT1WN0DT1CAT10N Pap 3 May. 4. 2010 1:55PM lawv- , s Ti t I e No. 5908 P. 6 Doc Bk Vol Ps 01441519 OR 9315 283 and the unpaid principal balance of this Note, together with all accrued but unpaid interest, shall be due and payable in full on August 14, 2011. 3. Borrower warrants and represents that 60 -JONES ASSOCIATES, LTD., a Texas limited partnership, owns record title to the Property hereinabove described free and clear of all liens and encumbrances save and except the lien(s) in favor of THE BRENHAM NATIONAL BANK, and has the lawful authority to execute this Agreement. Borrower hereby expressly renews and extends all liens) securing payment of said Note hereinabove described, including but not limited to that certain Deed of Trust above described, covering the Property herein described. 4. Borrower further covenants and agrees that all liens securing payment ofthe above described Note are hereby renewed and extended until the Note as so renewed and extended has been fully paid, both principal and interest. Borrower further covenants and agrees that the extension or rearrangement for payment as herein set forth shall in no manner constitute a waiver of the liens securing payment of said Note, and that the terms and provisions of the Note, Deed of Trust, and Construction Loan Agreement, except where expressly modified herein and/or in conflict herewith, shall continue in full force and effect. Borrower understands and agrees that it is the purpose of this instrument to acknowledge Borrower's joint and several liability forpayment of said Note, to modify the interest rate and/or the time or manner of payment of said Note and to extend and carry forward all liens securing the same. Borrower represents to THE BRENHAM NATIONAL BANK that said Note as herein modified and renewed and said Deed of Trust lien constitute a valid and subsisting obligation and lien, primary and superior to all other liens and encumbrances except as to those specifically identified herein, if any, and shall continue in full force and effect until said Note, both principal and interest, is fully paid. 5. THE BRENHAM NATIONAL BANK, in consideration of the promises and covenants contained in this Agreement, agrees to the extension for the payment of said Note and the renewal and extension of all liens securing payment thereof. 6. This document is being executed in multiple counterparts which may be combined to create one or more original documents. JDW;CFR BR&O MNATIONALBANKW-10NE8 070251MODIFICATIOMMODIPICA noN Pepe 4 May, 4, 2010 1:56PM laws° Title No. 5908 P. 7 DOC Sk Vol Ps 01041314 OR 9315 284 EXECUTED on this thtay of 2009, but effective as of August 14, 2009. BORROWER: 60 -JONES ASSOCIATES, LTD., a Texas limited partnership By: 60- JONES, L,L,C, a Texas limited liability company, its General Partner By: -'&-4 A�'. . Jett, auger BANK: THE BRENHAM NATIONAL BANK By: Name: -e--e— jr. Title: sue GUARANTORS: James . J 60- JONES, L.L.C., a Texas limited liability company E. Jett, Adrian 0. McDonald, Jr. JDW:CFR aRMIAMNAT:oNALeAW60 ONES 07- 0625WoDo- cATnorru OD>W►noN pi ff 5 May. 4. 2010 1: 56PM law— s Title No. 5908 P. 8 01041319 OR 9 31$. , 85 Pe& W. Catalena CATCO VENTURES, LTD., a Texas limited partnership By: CATCO VENTURES GP, LLC, a Texas limited liability oom General Partner Sam Catalena, Member 4& — - Cady Cpdena BONEDOC, L.P., a Texas limited partnership By: AGDOC LC, a Texas limited liability company, its General Partner MW;CFR BRENHAMNATDONALBANK160,ldN68 07 -0625\MQDgJCATIOMMODIFICA71ON Page 6 May. 4. 2010 1:56PM lawn - Title No. 5908 P. 9 0144/519 OR 9316 2$6 RUFFINO INVESTMENTS COMPANY, LLC, a Texas limited liability company B . r. Ru ger By: Theresa Connaughton, Manager J. Roland RufrWo JDW:CM BR94HWNA710NALBANX 0dONES 07-0625NODWICATIONWODIFICATION Fqs 7 May. 4. 2010 1: 56PM laws r Tit No. 5908 P. 10, 01041519 Sk Vol P2 OR 4313 287 The undersigned Guarantor ofthe payment ofthe above referenced Note does hereby consent to the modification, renewal and extension of the herein described Real Estate Note and Liens and does hereby acknowledge, confirm and agree to such Guarantor's continuing guaranty of the payment of the Note as modified herein and liability for the payment of the Note as modified, Witness my hand to be effective as of the 14th day of August, 2009. The undersigned Guarantor of the payment ofthe above referenced Note does hereby consent to the modification, renewal and extension of the herein described Real Estate Note and Liens and does hereby acknowledge, confirm and agree to such Guarantor's continuing guaranty of the payment of the Note as modified herein and liability for the payment of the Note as modified. Witness my hand to be effective as of the 14th day of August, 2009. 60-JONES, L.L.C., a Texas limited liability company, Guarantor rl w � 7 'aw_ ; I nfflk=� The undersigned Guarantor of the payment of the above referenced Note does hereby consent to the modification, renewal and extension of the herein described Real Estate Note and Liens and does hereby acknowledge, confirm and agree to such Guarantor's continuing guaranty of the payment of the Note as modified herein and liability for the payment of the Note as modified. Witness my hand to be effective as of the 14th day of August, 2009. 41 ..- .z.fittL— , � Adrian G. McDonald, Jr., Gu antor JDW:CM aMILAMr►ATIONALSANK\60,JONES 07 -062S\MODIFICAMNUODFICATION PAP 6 May. 4. 2010 1:56PM laws —s Title No. 5908 P. 11 01041519 OR 9315 288 The undersigned Guarantor ofthe payment ofthe above referenced Note does hereby consent to the modification, renewal and extension of the herein described Real Estate Note and Liens and does hereby acknowledge, confirm and agree to such Guarantor's continuing guaranty of the payment of the Note as modified herein and liability for the payment of the Note as modified. Witness my hand to be effective as of the 14th day of August, 2009. Pei W, atalena, Guarantor The undersigned Guarantor ofthe payment of the above referenced Note does hereby consent to the modification, renewal and extension of the herein described Real Estate Note and Liens and does hereby acknowledge, confirm and agree to such Guarantor's continuing guaranty of the payment of the Note as modified herein and liability for the payment of the Note as modified. Witness my band to be effective as of the 14th day of August, 2009. CATCO VENTURES, LTD., a Texas limited partnership, Guarantor By: CATCO VENTURES GP, LLC, a Texas limited liability company, its General Partner B• Sam . Catalena, Member The undersigned Guarantor ofthe payment ofthe above referenced Note does hereby consent to the modification, renewal and extension of the herein described Real Estate Note and Liens and does hereby acknowledge, confirm and agree to such Guarantor's continuing guaranty of the payment of the Note as modified herein and liability for the payment of the Note as modified. Witness my hand to be effective as of the 14th y of st, 2009. Cody C ena, Guarantor MW. - CFR BREWrLQvWATj0NAL9ANC160,►0NE3 07.0625NODIFICATIONNODIFICATION Pegs 9 May. 4. 2010 1: 56PM lawv rs Title No, 5908 P. 12 010415!9 OR 9318 ?Cq The undersigned Guarantor ofthe payment ofthe above referenced Note does hereby consent to the modification, renewal and extension of the herein described Real Estate Note and Liens and does hereby acknowledge, confirm and agree to such Guarantor's continuing guaranty of the payment of the Note as modified herein and liability for the payment of the Note as modified. Witness my hand to be effective as of the 14th day of August, 2009. BONEDOC, L.P,, a Texas limited partnership, Guarantor By: AGDOC LC, a Texas limited liability company, its General Partner By: Belle Bramhall, Member By; k4jv� P. Bramhall, Member The undersigned Guarantor ofthe payment ofthe above referenced Note does hereby consent to the modification, renewal .and extension of the herein described Real Estate Note and Liens and does hereby acknowledge, confirm and agree to such Guarantor's continuing guaranty of the payment of the Note as modified herein and liability for the payment of the Note as modified. Witness my hand to be effective as of the 14th day of August, 2009. / .: . The undersigned Guarantor ofthe payment ofthe above referenced Note does hereby consent to the modification, renewal and extension of the herein described Real Estate Note and Liens and does hereby acknowledge, confirm and agree to such Guarantor's continuing guaranty of the payment of the Note as modified herein and liability for the payment of the Note as modified. Witness my hand to be effective as of the 14th day of August, 2009, ;0.1 err JDW;CPR BRENNAMAT10NAIBANKWO -30M 07- 062SWD>FICATION NODIFICATION Pago 10 May. 4. 2010 1: 56PM law - rs Title No, 5908 P. 13 01041519 OR 9313 79 The undersigned Guarantor of the payment of the above referenced Note does hereby consent to the modification, renewal and extension of the herein described Real Estate Note and Liens and does hereby acknowledge, confirm and agree to such Guarantor's continuing guaranty of the payment of the Note as modified herein and liability for the payment of the Note as modified. Witness my hand to be effective as of the 14th day of August, 2009. RUFFINO INVESTMENTS COMPANY, LLC, a Texas limited liability company, Guarantor By: Theresa Connaughton, Manager The undersigned Guarantor of the payment of the above referenced Note does hereby consent to the modification, renewal and extension of the herein described Real Estate Note and Liens and does hereby acknowledge, confirm and agree to such Guarantor's continuing guaranty of the payment of the Note as modified heroin and liability for the payment of the Note as modified. Witness my hand to be effective as of the 14th day of August, 2009. . and Ruffno, Gufiiintor The undersigned Guarantor of the payment of the above referenced Note does hereby consent to the modification, renewal and extension of the herein described Real Estate Note and Liens and does hereby acknowledge, confirm and agree to such Guarantor's continuing guaranty of the payment of the Note as modified herein and Iiability for the payment of the Note as modified. Witness my hand to be effective as of the 14th day of August, 2009, 4 41-� Lary RIEffino,tuarantor rDW:CFR BRENHAWAn0NALBANK%60.1oNEs 07.062MOI)IFICATIONVNODIMCATION Pays I 1 May, 4. 2010 1:56PM lawv -rs Title No, 5908 P. 14 01041514 OR- P315 THE STATE OF TEXAS COUNTY OF § This instrument was acknowledged before me on this the A day o , 2009, by James E, Jett, individually, as Manager of 60- Jones, L.L.C., a Texas Iimited liability company, and as Manager of 60- Jones, L.L.C., a Texas limited liability company, acting in its capacity as General Partner of 60 -Jones Associates, Ltd., a Texas limited partnership, taw drM•• Gea-f' W Notary Public, State of Texas My Commission Expires: THE STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on this the V� day of , 2009, by Adrian G. McDonald, Jr. a. �tue a =2&2013 . THE STATE OF TEXAS 2Z:66Z ILa No Public, State Of Texas My Commission Expires: COUNTY OF § This instrument was acknowledged before me on this the 9 day of 2009, by Pete W. Catalena TERkA PIANr p�bia s� Notary Public, State of Texas '"AXY My Commission Expires: JDW :CFR BRENRAM NATIONAISA1d"010NBS 0 7 -06251MOD1FICATIONIMODIFICAT1oN p 12 May, 4. 2010 1:57PM lawv - Title No. 5908 P. 15 01041519 OR 9315 29i THE STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on this the eit day of 2009, by Samuel J. Catalens, as a Member of Catco Ventures GP, LLC, a Te as limited liability company, acting in its capacity as General Partner of Catco Ventures, Ltd., a Texas limited partnership.. AUO� a o , t 4e9 e ." Notary Public, State of Texas My Commission Expires: THE STATE OF TE S § COUNTY OF § This instrument was acknowledged before me on this the day of , 2009, by Cody Catalena. CAIN 4 ""v Posse, *W d1vN M THE STATE OF TEXAS COUNTY OF BrQ2OS Notary Public, 8tate of Texas My Commission Expires: § This instniment was acknowledged before me on this the Zrid day of 5t0+r,,&18 r , 2009, by Belle Bramball, a Member of Agdoc LC, a Texas limited liability company, acting in its capacity as General Partner of Bonedoc, L.P., a Texas limited partnership. KRISTI R, CROWSON I.n coMIAISSION EXPIRES Notary Public, State of Texas ! JANUARY 7 , 20 +t My Commission Expires: GLa,w "�-, .1 o I i JDW;CPR DRENHAMNATIONALBANM60-JONES 07.0625WODOCATI0NIMODIFICATION Ptgc 13 May. 4. 2010 1:57PM law — s Title No. 5908 P. 16 01041519 OR 9315 293 THE STATE OF TEXAS COUNTY OF Br'0.205 This instrument was acknowledged before me on this the Lr►ot day of S ep+ -m I6sr , 2009, by Joe P. Bramhall, a Member of Agdoc LC, a Texas limited liability company, acting in its capacity as General Partner of Bonedoc, L.P,, a Texas limited partnership. KRIBTI R. CROWSON MY COMMISSION WIRES l JANUARY 7, 2011 1f�S� I"L C>ti.olaSo� r Notary Public, State of Texas My Commission Expires: G��� 1.01 1 THE STATE OF TEXAS COUNTY OF § This instrument was acknowledged before me on this the /0 # \ dayofCA4 , 2009, by James M. Eller, M. YERRA PLANT .. i � W." Publk, sA% %W 111/taJ My eae+mlula+ I** Notary Public, State of Texas juLY is, 2015 My Commission Expires: THE STATE OF TEXAS § COUNTY OF A dKA S § This instrument was acknowledged before me on this the V day o , 2009, by J. J. Ru$ino, individually and as a Manager of Ruffino Investment+Cozny,1 a Texas limited liability company. CAROL', RO�TlR (zIo�A6�� t NotaY �+bwa state d T� M eo ,,,,,, ;fi01 Notary Public, State of Texas AUGU8T 23,,2019 My Commission Expires: JDW;CFR BRBNI ANNATMALBAM04=3 07-062AMODERCATIONWODIFICATION Pegs 14 May. 4. 2010 1:57PM lawv -rs Title THE STATE OF TEXAS COUNTY OF 4 0,5 No. 5908 P. 11 01041319 OR 9315 294 This th instrument was acknowledged before me on is the& day of/�? 2009, by Theresa Connaughton, a Manager of RuTLno Investments Company, LLC, a TEX as limited liability conlow. CAROL S. FpSTeR ` Nosfry puft State of Teas My CommwsW Exp{w THE STATE OF TEXAS Notary Pub c, State of Texas My Commission Expires: COUNTY OF. § This instrument was acknowledged before me on this the day o t�, 2009, by 1, Roland RuPHno. THE STATE OF TEXAS § COUNTY OF & § This instr=ent was acknowledged before me on this the /0 day o 2009, by Larry Ruffin. . wbr� aaa�.e E9 7 RRA a ft I JZ o P-1 TEIdtA PLAW Notary Public, State of Texas WAry P bi k WAD 401 My Commission Expires: my CemMWW EON My Commission Expires: JuLr ta, MS THE STATE OF TEXAS § COUNTY OF & § This instr=ent was acknowledged before me on this the /0 day o 2009, by Larry Ruffin. . wbr� aaa�.e E9 7 RRA a ft I,�tM.•�+ aw °"'mro'ron Eser„ ULY S. 2013 Notary Public, State of Texas My Commission Expires: MW :CER BRENKAMNAMNALBANKIWOWn 07.0623 1MOD1FICA'n0I0M0DMCATI0N Pap 15 May. 4. 2010 1:57PM law- •s Title THE STATE OF TEXAS No. 5908 P. 18 01041519 OR 9315 293 COUNTY OF § This instru n was acknowledged before me on this th day of , 2009, by ZP -& "& _ _ , -15f.1/1- ;" —..A _, o Brenham National Bank, a banking corporation, on behalf of said bank. otary Public. State of Texas My Commission Expires: PREPARED W THE LAW OFFICES OF: PAYNE, W ATSON, MILLER, MALECH C & SCHERR, P.C. AmR REODRDvo, PuWE RETURN TO: ` Per W;ItiAMO Nocnry P�tiIIC. =t.t� !AY DON WATSON o! lbxeo M y Cpmtnlot to aspire$ PAY WATSON, MILE& MALECHEK & SCEIERR, P.C NE, Me 1,101 a P. 0. Box 6900 BRYAN, TX 77903 JDW-.CFR BRENFIAN NATIONALBAM604ONES 07-0625WODIPICATIOMMODIPICATION Put 16 May. 4. 2010 1:57PM Law Title No, 5908 P. 19 Doc 4 OR 4335 29d EXkIIBIiT "A" TRACT ONE Metes and bound description of all that certain tract or parcel of land lying and being situated in the J. H. JONES SURVEY, ABSTRACT NO. 26, Brazos County, Texas. Said tract being a portion ofthe remainder of a called 175 acre tract as described by a deed to Steve Hudetts recorded in Volume 63, Page 182 of the Deed Records of Brazos County, Texas; said tract being more particularly described by metes and bounds as follows: COMMENCING at a 112 inch iron rod found marking the west corner of a called 5.394 acre tract as described by a deed to Frank Fields and wife, Betty J. Fields, recorded in Volume 4352, Page 15 of the Official Public Records of Brazos County, Texas, and a southwest corner of said remainder of 175 acre tract, said iron rod found being on the northeast line of a called 1.896 acre tract as described by a deed to Thomas Moore recorded in Volume 1116, Page 583 of the Official Records of Brazos County, Texas, marking the west comer of said 5.394 acre tract; THENCE: N 44° 49'40" W along the common line of said remainder of 175 acre tract and said 1.896 acre tract for a distance of 192.94 feet to a 518 inch iron rod set marking the POINT OF BEGINNING of this herein described tract; THENCE: N 44° 49'40" W continuing along the common line of said remainder of 175 acre but and said 1.896 acre but for a distance of 1657.90 feet to a 1/2 inch iron rod found marking the north comer of a called 4.4949 acre tract as described by a deed to Charles Edward Ottaway, Jr. and wife, Cynthia Ann Ottaway, recorded in Volume 1237, Page 295 of the Official Public Records of Brazos County, Texas, said iron rod found being on the southeast line ofa called 1.00 acre tract as described by a deed to James L. Harris recorded in Volume 923, Page 337 of the Official Public Records of Brazos County, Texas; THENCE: N 43° 44'23" E along the common line of said remainder of 175 acre tract and said 1,00 acre tract for a distance of 126.40 feet to a 112 inch iron rod found marking the east corner of said 1.0 acre tract; THENCE: N 47° 31' 46" W continuing along the common line of said remainder of 175 acre tract and said 1.00 acre tract for a distance of 934.59 feet to a 1/2 inch iron rod found marking the north corner of a called 7.922 acre tract as described by a deed to Gloster Jefferson recorded in volume 836, Page 129 of the Official Records of Brazos County, Texas, said iron rod found marking the east comer of a called 7.922 acre tract as described by a deed to Bennie Wilson, Jr. and wife, Gloria M. Wilson, recorded in Volume 2915, Page 242 of the Official Public Records of Brazos County, Texas, and the south comer of a called 6.5 acre but as described by a deed to Fred Jefferson and wife, Ruby Jefferson, recorded in Volume 122, Page 45 of the Deed Records of Brazos County, Texas; THENCE: N 44° 45' 10" E along the common line of said remainder of 175 acre tract and said 6.5 acre tract for a distance of 426.31 feet to a 518 inch iron rod set on the south line of Jones Road marking the east comer of said 6.5 acre tract and the west corner of a called 0.744 acre tract as described by a Quit Claim Deed from Brazos County to Lucy Hudetts Walker signed and dated October 8, 1990 (not filed for record); THENCE: N 62° 54'0 1 " E along the occupied south line of Jones Road, same being the south line of said 0.744 acre tract, for a distance of 292.47 feet to an angle point in said line; THENCE: N 81° 02 E continuing along the occupied south line of Jones Road, same being the south line of said 0.744 acre tract, for a distance of486.30 feet to a point marking the east corner of said 0.744 acre tract; May. 4. 2010 1: 57PM Law ­ s Tit 1 e No. 5908 P. 20 Doc 8k vol Fa 01041519 OR 7315 277 THENCE: N 89' 59'18 E continuing along the south line ofJones Road for a distance of 47.38 feet to a 5/8 inch iron rod set marking the beginning of a clockwise curve having a radius of 904.93 feet; THENCE: along said curve through a central angle of 42' 21' 41" for an arc distance of 669.05 feet (chord bears: S 68° 49'52" E - 653.92 feet) to a point in an existing fence line marking the ending point of said curve; THENCE: S 47 E along the southwest line of Jones Road and along said fence line for a distance of 1502.88 feet to a 5/8 inch iron rod set marking the east corner of this herein described tract; THENCE: S 44° 11' 15" W through said remainder of 175 acre but and along the centerline of an existing 60.00 foot wide electrical easement for a distance of 397.21 feet to an existing power pole; THENCE: S 40 58' 09" W continuing through said remainder of 175 acre tract and along the centerline of said electrical easement for a distance of 1160.87 feet to the POINT OF BEGINNING, containing 79.169 acres of land, more or less. TRACT TWO Metes and bounds description of all that certain tract or parcel of land lying and being situated in the J. H. JONES SURVEY, ABSTRACT NO.26, Brazos County, Texas. Said tract being a portion of the remainder of a called 175 acre tract as described by a deed to Steve Hudetts recorded in Volume 63, Page 182 of the Deed Records of Brazos County, Texas; said tract being more particularly described by metes and bounds as follows: BEGINNING at a 5/8 inch iron rod found at the intersection of the southwest line of Jones Road (a county maintained public road) and the existing northwest line of F.M. 60 (Raymond Stotzer Parkway), for reference a concrete right -of -way marker found bears: N 40° 43'59" E for a distance of 14.45 feet; THENCE: S 40' 43' 59" W along the northwest line of F.M. 60 for a distance of 472.53 feet to a concrete right -of -way marker found marking an angle point in said line; THENCE: S 41 ° 51'56" W continuing along the northwest line of F.M. 60 for a distance of 597.43 feet to a 5/8 inch iron rod set on the northeast line of a called 1.328 acre tract as described by a deed to Betty Lynn T roalek Suehs, Carol Ann Trcalek Petty, Susan Denise Trcalek Skrabanek and Donna Ruth Trcalek Jones, recorded in Volume 4818, Page 285 of the Official Public Records of Brazos County, Texas, marking the south comer of this herein described tract, for reference a 3/8 inch iron rod found marking the east corner of said 1.328 acre tract bears: S 44' 43' 07" E for a distance of 0.53 feet; THENCE: N 44' 43'07" W along the common line of said remainder of 175 acre tract and said 1.328 acre tract for a distance of 415.67 feet to a cross -tie fence comer post found marking the north comer of said 1.328 acre tract; THENCE: S 42° 50'02" W continuing along the common line of said remainder of 175 acre tract and said 1,328 acre tract for a distance of 139.10 feet to a318 inch iron rod found marking the west corner of said 1.328 acre tract and the most easterly north corner of a called 5.394 acre tract as described by a deed to Frank Fields and wife, Betty J. Fields, recorded in Volume 4352, Page 15 of the Official Public Records.of Brazos County, Texas; THENCE: S 43' 16'54: W along the common line of said remainder of 175 acre tract and said 5.394 acre tract for a distance of 125.56 feet to a cross -tie fence comer post found marking an interior comer of said 5,394 acre tract; THENCE: N 46° 53' 11" W continuing along the common line of said remainder of 175 acre tract and said 5.394 acre tract for a distance of 679.90 feat to a cross -tie fence comer post found marking the north corner of said 5.394 acre tract: May. 4. 2010 1: 58PM Law- s Title No. 5908 P. 21 0 1041514 DR 9315 2 98 THENCE: S 44 52'55" W continuing along the common line of said remainder of 175 acre tract and said 5.394 acre tract for a distance of 263.23 feet to a 1/2 inch iron rod found on the northeast line of a called 1.896 acre tract as described by a deed to Thomas Moore recorded in Volume 1116, Page 583 of the Official Records of Brazos County, Texas, marking the west corner of said 5.394 acre tract: THENCE: N 44 49' 40" W along the common line of said remainder. of 175 acre tract and said 1.896 acre tract for a distance of 192.94 feet to a 518 inch iron rod set marking the west comer of this herein described tract, for reference a 1/2 inch iron rod found marking the north corner of a called 4.4949 acre tract as described by a deed to Charles Edward Ottaway, Jr. and wife, Cynthia Ann Ottaway, recorded in Volume 1237, Page 295 of the Official Public Records of Brazos County, Texas, on the southeast line of a called 1.00 acre tract as described by a deed to James L. Harris recorded in Volume 923, Page 337 of the Official Records of Brazos County, Texas, marking a west comer of said remainder of 175 acre tract bears: N 44 49' 40" W for a distance of 1657.90 feet; THENCE: 'N 40° 58 E through said remainder of 175 acre and along the centerline of an existing 60.00 foot wide electrical easement for a distance of 1160.87 feet to an existing power pole; THENCE: N 44° 11' 15," E continuing through said remainder of 175 acre tract and along the centerline of said electrical easement for a distance of 397.21 feet to a 5/8 inch iron rod set in the southwest fenced line of Jones Road marling the north comer of this herein described tract; THENCE: S 47 39 E along the southwest line of Jones Road and along said fence line for a distance of 565.64 feet tQ a 60d nail found in the top of a fence post marking the north corner of a called 1.00 acre tract as described by a deed to Steve Hudetts and wife, Barbara D. Hudetts, recorded in Volume 366 Page 8 of the Deed Records of Brazos County, Texas; THENCE: S 42° 24'01 W through said remainder of 175 acre tract and along the northwest line of said 1.00 acre Hudetts tract for a distance of 284.90 feet to a 5/8 inch iron rod set marking the west comer of said 1.00 acre tract; THENCE: S 47° 35' 59" E continuing through said remainder of 175 acre tract and along the southwest line of said 1.00 acre Hudetts tract for a distance of 145.20 feet to a 518 inch iron rod set marking the south comer of said 1.00 acre tract; THENCE: N 42 24' 01" E continuing through said remainder of 175 acre tract and along the southeast line of said 1.00 acre Hudetts tract for a distance of 285.03 feet to a 518 inch iron rod set on the southwest line of Jones Road marking the east comer of said 1.00 acre tract; THENCE: S 47 39 1 02" E along the southwest line of Jones Road for a distance of 588.53 feet to the POINT OF BEGINNING, containing 37.658 acres of land, more or less. IRACT 11= Metes and bounds description of all that certain tract of land lying and being situated in the J. H. JONES SURVEY, ABSTRACT N0.26, Brazos County, Texas, Said tract being the same tract of land as described by a Quitclaim Deed to Lucy Hudetts Walker recorded in Volume 2455, Page 43 of the Official Records of Brazos County, Texas; said tract being more particularly described by metes and bounds as follows: BEGINNING at a 5/8 inch iron rod found in the existing south fenced line of Jones Road, same being the northerly line of the remainder of a called 175 acre tract as described by a Deed to Steve Hudetts recorded in Volume 63, Page 182 of the Deed Records of Brazos County, Texas, said iron rod found marking the east comer of a called 6.5 acre tract as described by a Deed to Fred Jefferson and wife, Ruby Jefferson, recorded in Volume 122, Page 45 of the Deed Records of Brazos County, Texas; THENCE: through the existing right -of -way of Jones Road and along the northerly lines of said 0.744 acre tract for the following calls: May, 4. 2010 1:58PM Law Tit 1 e No. 5908 P. 22 01041519 OR 9315 299 N 44 39' 18" E for a distance of 254.37 feet to a 518 inch iron rod found; N 76 28' 02" E for a distance of 119.31 feet to a 5/8 inch iron rod found; N 89° 59' 18" E for a distance of 445.35 feet to a point in the existing south fenced line of Jones Road marking the east corner of this herein described tract; THENCE: along the existing south fenced line of Jones Road, same being the northerly line of said remainder of 175 acre tract, for the following calls: S 81 ° 02'30" W for a distance of 486.30 feet to a point; S 62° 54'01" W for a distance of 292.47 feet to the POINT OF BEGINNING, containing 0.744 of an acre of land, more or less. TRACT I+OUR Metes and bounds description of all that certain tract or parcel of land lying and being situated in the J. H. JONES SURVEY, ABSTRACT NO. 26, Brazos County, Texas. Said tract being the remainder of a called 1.00 acre tract as described by a Deed to Steve Hudetts and wife, Barbara D. Hudetts, recorded in Volume 366, Page 8 of the Deed Records of Brazos County, Texas; said tract being more particularly described by metes and bounds as follows: BEGINNING at a 518 inch iron rod found on the southwest line of Jones Road (variable width R.O.W.) marking the east comer of said remainder of 1.00 acre tract and a northerly corner of the remainder of a called 175 acre tract as described by a Deed to Steve Hudetts recorded in Volume 63, Page 182 of the Deed Records of Brazos County, Texas, for reference a 5/8 inch iron rod found on the northwest line of FM 60 marking the cast corner of said remainder of 175 acre tract bears: S 47 39'02" E for a distance of 588.53 feet; THENCE: S 42° 24' 01" W along the common line of said remainder of 1.00 acre tract and said remainder of 175 acre tract for a distance of 285.00 feet to a 518 inch iron rod found marking the south corner of said remainder of 1.00 acre tract; THENCE: N 47° 35'59" W continuing along the common line of said remainder of 1.00 acre tract and said remainder of 175 acre tract for a distance of 145.20 feet to a 5/8 inch iron rod found marking the west corner of said remainder of 1.00 acre tract; THENCE: N 42 24' 01" E continuing along the common line of said remainder of 1.00 acre tract and said remainder of 175 acre tract for a distance of 284.90 feet to a 60D nail found in a fence post on the southwest line of Jones Road marking the north corner of said remainder of 1.00 acre tract; THENCE: S 47° 39'02" E along the southwest line of Jones Road for a distance of 145.20 feet to the POINT OF BEGINNING, containing 0.95 of an acre of land, more or less. I 9� g N $ a. I CL air r �! L w N t S ti 9 M o T Q V 8 y ew A K � O May. 4. 2010 1: 58PM lawye — T i t l e Lawyers Title Company of Brazos County 1450 Copperbald Parkway College $tadoa, TX 778x5 rho=: 979 - 776.5600 Fa:: 979. 776.3383 TITLE REPORT Date: July 2, 2009 File No.: GF No. M2075 Record Title at the Effective Date Hereof is Vested in: 60 -Jones Associates, Ltd. The Land Referred to In this Report Is Described as Follows; TRACT ONE No. 5908 P. 23 Metes and bound description of all that certain tract or parcel of land lying and being situated in the J. H. JONES SURVEY, ABSTRACT NO. 26, Brazos County, Texas. Said tract being a portion of the remainder of a called 175 acre tract as described by a deed to Steve Hudetts recorded in Volume 63, Page 182 of the Deed Records of Brazos County, Texas. Said tract being more particularly described by metes and bounds as follows: COMMENCING at a 112 inch Iron rod found marking the west corner of a called 5.394 acre tract as described by a deed to Frank Fields and wife, Betty J. Fields, recorded in Volume 4352, Page 15 of the Official Public Records of Brazos County, Texas, and a southwest corner of said remainder of 175 acre tract, said iron rod found being on the northeast line of a called 1.899 acre tract as described by a deed to Thomas Moore recorded in Volume 1116, Page 583 of the Official Records of Brazos County, Texas, marking the west corner of said 5.394 acre tract; THENCE: N 44° 49'40 W along the common line of said remainder of 175 acre tract and sold 1.896 acre tract for a distance of 192.94 feet to a 5/8 inch iron rod set marking the POINT OF BEGINNING of this herein described tract; May. 4. 2010 1:58PM Lawy Title No. 5908 P. 24 THENCE: N 44' 49' 40" W continuing along the common line of said remainder of 175 acre tract and said 1,896 acre tract for a distance of 1657.90 feet to a 1/2 inch iron rod found marking the north comer of a called 4,4949 acre tract as described by a deed to Charles Edward Ottaway, Jr. and wife, Cynthia Ann Ottaway, recorded in Volume 1237, Page 295 of the Official Public Records of Brazos County, Texas, said iron rod found being on the southeast line of a called 1.00 acre tract as described by a deed to James L. Harris recorded in Volume 923, Page 337 of the Official Public Records of Brazos County, Texas; THENCE: N 43' 44'23" E along the common line of said remainder of 175 acre tract and said 1.00 acre tract for a distance of 126.40 feet to a 1/2 inch ron rod found marking the east corner of said 1.0 acre tract; THENCE: N 47' 31'46" W continuing along the common line of said remainder of 175 acre tract and said 1.00 acre tract for a distance of 934.59 feet to a 1/2 inch iron rod found marking the north corner of a called 7.922 acre tract as described by a deed to Gloster Jefferson recorded in Volume 836, Page 129 of the Official Records of Brazos County, Texas, said iron rod found marking the east comer of a called 7.922 acre tract as described by a deed to Bennie Wilson, Jr, and wife, Gloria M. Wilson, recorded in Volume 2815, Page 242 of the Official Public Records of Brazos County, Texas, and the south corner of a called 5.5 acre tract as described by a deed to Fred Jefferson and wife, Ruby Jefferson, recorded in Volume 122, Page 45 of the Deed Records of Brazos County, Texas; THENCE: N * 44° 45' 10" E along the common line of said remainder of 175 acre tract and said 6.5 acre tract for a distance of 425.31 feet to a 5/8 inch iron rod set on the south line of Jones Road marking the east corner of said 6,5 acre tract and the west corner of a called 0.744 acre tract as described by a Quit Claim Deed from Brazos County to Lucy Hudetts Walker signed and dated October 8, 1990 (not filed for record); THENCE: N 62" 54'01" E along the occupied south line of Jones Road, same being the south line of said 0.744 acre tract, for a distance of 292,47 feet to an angle point in said line: THENCE: N 81* 02'30" E continuing along the occupied south line of Jones Road, same being the south line of said 0.744 acre tract, for a distance of 486.30 feet to e point marking the east corner of said 0.744 acre tract; THENCE: N 89" 59' 18" E continuing along the south line of Jones Road for a distance of 47.38 feet to a 5/8 inch iron rod set marking the beginning of a clockwise curve having a radius of 904.93 feet; THENCE: along said curve through a central angle of 42' 21'41" for an are distance of 889.05 feet (chord bears: S 68' 49'52" E - 653.92 feet) to a point in an existing fence line marking the ending point of said curve; May. 4. 2010 1:58PM Lawv •s Tit 1 e No. 5908 P. 25 THENCE; S 47' 39'02" E along the southwest line of Jones Road and along said fence line for a distance of 1502.88 feet to a 5/8 inch.iron rod set marking the east corner of this herein described tract; THENCE: S 44' 11' 15" W through said remainder of 175 acre tract and along the centerline of an existing 50.00 foot wide electrical easement for a distance of 397.21 feet to an existing power pole; THENCE: S 40' 58'09" W continuing through said remainder of 175 acre tract and along the centerline of said electrical easement for a distance of 1160.87 feet to the POINT OF BEGINNING containing 79.169 acres of land. more or less. Parcel Two Metes and bounds description of all that certain tract or parcel of land lying and being situated in the J. H. JONES SURVEY, ABSTRACT NO. 26, Brazos County, Texas. Said tract being a portion of the remainder of a called 175 acre tract as described by a deed to Steve Hudetts recorded in Volume 63, Page 182 of the Deed Records of Brazos County, Texas. Said tract being more particularly described by metes and bounds as follows: BEGINNING at a 5/8 inch iron rod found at the Intersection of the southwest line of Jones Road (a county maintained public road) and the existing northwest line of F.M. 60 (Raymond Stotzer Parkway), for reference a concrete right -of -way marker found bears: N 40 43'59" E for a distance of 14.45 feet; THENCE: S 40° 43'59" W along the northwest line of F.M. 60 for a distance of 472.53 feet to a concrete right -of -way marker found marking an angle point in said line; THENCE: S 41' 51'56" W continuing along the northwest line of F.M. 80 for a distance of 597.43 feet to a 5/8 inch iron rod set on the northeast line of a called 1.328 acre tract as described by a deed to Betty Lynn Trcalek Suehs, Carol Ann Trcalek Petty, Susan Denise Trcalek Skrabonek and Donna Ruth Trcalek Jones, recorded in Volume 4818, Page 285 of the Official Public Records of Brazos County, Texas, marking the south corner of this herein described tract, for reference a 3/6 inch iron rod found marking the east corner of said 1.328 acre tract bears: S 44 43' 07" E for a distance of 0.53 feet; THENCE: N 44' 43'07" W along the common line of said remainder of 175 acre tract and said 1.328 acre tract for a distance of 415.67 feet to a cross -tie fence corner post found marking the north corner of said 1.328 acre tract; THENCE: S 42 50'02" W continuing along the common line of said remainder of 175 acre tract and said 1.328 acre tract for a distance of 139.10 feet to 2 3/6 inch iron rod May. 4. 2010 1: 59PM lawv - s Tit 1 e No. 5908 P. 26 found marking the west corner of said 1.328 acre tract and the most easterly north corner of a called 5,394 acre tract as described by a deed to Frank Fields and wife, Betty J. Fields, recorded in Volume 4352, Page 15 of the Official Public Records of Brazos County, Texas; THENCE: S 43' 16'54: W along the common line of said remainder of 175 acre tract and said 5.394 acre tract for a distance of 125.56 feet to a cross -tie fence corner post found marking an interior corner of said 5,394 acre tract; THENCE: N 46' 53' 11" W continuing along the common line of said remainder of 175 acre tract and said 5.394 acre tract for a distance of 679,90 feet to a cross -tie fence corner post found marking the north comer of said 5.394 acre tract; THENCE: S 44' 52'55" W continuing along the common line of said remainder of 175 acre tract and said 5,394'acre tract for a distance of 283.23 feet to a 1/2 inch iron rod found on the northeast line of a called 1.896 acre tract as described by a deed to Thomas Moore recorded in Volume 1116, Page 583 of the Official Records of Brazos County, Texas, marking the west comer of said 5.394 acre tract: THENCE: N 44' 49'40"W along the common line of said remainder of 175 acre tract and said 1.896 acre tract for a distance of 192.94 feet to a 518 Inch Iron rod set marking the west corner of this herein described tract, for reference a 1/2 inch Iron rod found marking the north corner of a called 4.4949 acre tract as described by a deed to Charles Edward Ottaway, Jr. and wife, Cynthia Ann Ottaway, recorded in Volume 1237, Page 295 of the Official Public Records of Brazos County, Texas, on the southeast line of a called 1.00 acre tract as described by a deed to James L. Harris recorded in Volume 923, Page 337 of the Official Records of Brazos County, Texas, marking a wast corner of said remainder of 175 acre tract bears: N 44' 49'40" W for a distance of 1657.90 feet; THENCE: N 40' 58' 09" E through said remainder of 175 acre and along the centerline of an existing 60.00 foot wide electrical easement for a distance of 1160,87 feet to an existing power pole; THENCE: N 44' 11' 15" E continuing through said remainder of 175 acre tract and along the centerline of sold electrical easement for a distance of 397.21 feet to a 5/8 Inch iron rod set in the southwest fenced line of Jones Road marking the north comer of this herein described tract; THENCE: S 47' 39'02" E along the southwest line of Jones Road and along said fence line for a distance of 565.64 feet to a 60d nail found in the top of a fence post marking the north comer of a called 1.00 acre tract as described by a deed to Steve Hudetts and wife, Barbara D. Hudetts, recorded in Volume 366, Page 8 of the Deed Records of Brazos County, Texas; THENCE: S 42' 24'01 W through said remainder of 175 sere tract and along the May. 4. 2010 1: 59PM Law -s Title No. 5908 northwest line of said 1,00 acre Hudetts tract for a distance of 284,90 feet to a 5/8 inch iron rod set marking the west corner of said 1.00 acre tract; THENCE: S 47' 35'59" E continuing through said remainder of 175 acre tract and along the southwest line of said 1,00 acre Hudetts tract for a distance of 145,20 feet to a 5/8 inch iron rod set marking the south comer of said 1,00 acre tract; THENCE: N 42' 24'01" E continuing through said remainder of 175 acre tract and along the southeast line of said 1,00 acre Hudetts tract for a distance of 285.03 feet to a 518 Inch iron rod set on the southwest line of Jones Road marking the east corner of said 1.00 acre tract; THENCE; S 47' 39'02" E along, the southwest line of Jones Road for a distance of 588.53 feet to the POINT OF BEGINNING, containing 37.658 acres of land, more or less. Parcel Three: Metes and bounds description of all that certain tract of land lying and being situated in the J. H. JONES SURVEY, ABSTRACT NO. 26, Brazos County, Texas. Said tract being the same tract of land as described by a Quitclaim Deed to Lucy Hudetts Walker recorded in Volume 2455, Page 43 of the Official Records of Brazos County, Texas. Said tract being more particularly described by metes and bounds as follows: BEGINNING at a 5/8 Inch Iron rod found in the existing south fenced line of Jones Road, same being the northerly line of the remainder of a called 175 acre tract as described by a Deed to Steve Hudetts recorded in Volume 63, Page 182 of the Deed Records of Brazos County, Texas, said iron rod found marking the east corner of a called 6.5 acre tract as described by a Deed to Fred Jefferson and wife, Ruby Jefferson, recorded in Volume 122, Page 45 of the Deed Records of Brazos County, Texas; THENCE: through the existing right -of -way of Jones Road and along the northerly lines of said 0,744 acre tract for the following calls: N 44' 39' 18" E for a distance of 254.37 feet to a 518 inch iron rod found; N 76' 28'02" E for a distance of 119.31 feet to a 5/8 inch iron rod found; N 89' 59' 18" E for a distance of 445,95 feet to a point in the existing south fenced line of Jones Road marking the east corner of this herein described tract; THENCE: along the existing south fenced line of Jones Road, same being the northerly line of said remainder of 175 acre tract, for the following calls; May. 4. 2010 1: 59PM law -s T i t I e No. 5908 P. 28 S 81 02'30" W for a distance of 486.30 feet to a point; S 82° 54'01" W for a distance of 292.47 feet to the POINT OF BEGINNING, containing 0.744 of an acre of land, more or less. Parcel Four Metes and bounds description of all that certain tract or parcel of land lying and being situated in the J, H, JONES SURVEY, ABSTRACT NO, 26, Brazos County, Texas. Said tract being the remainder of a called 1.00 acre tract as described by a Deed to Steve Hudetts and wife, Barbara D. Hudetts, recorded in Volume 366, Page a of the Deed Records of Brazos County, Texas. Said tract being more particularly described by metes and bounds as follows: BEGINNING at a 5/8 inch iron rod found on the southwest line of Jones Road (variable width R.O.W.) marking the seat corer of said remainder of 1.00 acre tract and a northerly corner of the remainder of a called 175 acre tract as described by a Deed to Steve Hudetts recorded In Volume 63, Page 182 of the Deed Records of Brazos County, Texas, for reference a 5/8 inch Iron rod found on the northwest line of FM e0 marking the east corner of said remainder of 175 acre tract bears: S 47" 39'02" E for a distance of 588.53 feet; THENCE; S 42° 24'01 " W along the common line of said remainder of 1.00 acre tract and said remainder of 175 acre tract for a distance of 285.00 feet to a 5/8 inch Iron rod found marking the south comer of said remainder of 1.00 acre tract; THENCE: N 47° 35'59" W continuing along the common line of said remainder of 1.00 acre tract and said remainder of 175 acre tract for a distance of 145.20 feet to a 518 inch iron rod found marking the west corner of sold remainder of 1.00 acre tract; THENCE: N 42 24'01" E continuing along the common line of said remainder of 1.00 acre tract and said remainder of 175 acre tract for a distance of 284.90 feet to a 600 nail found in a fence post on the southwest line of Jones Road marking the north corner of said remainder of 1.00 acre tract; THENCE: S 47 39' 02" E along the southwest line of Jones Road for a distance of 145.20 feet to the POINT OF BEGINNING, containing 0.95 of an acre of land, more or less. Lot Two (2), Block One (1) and Lots Fifteen (15), Sixteen (16), Seventeen (17), May. 4. 2010 1: 59PM laws - - s Tit 1 e No. 5908 P. 29 Eighteen (18) and Nineteen (19), Block Three (3), Aggieland Business Park, Phase 1, an addition to Brazos County, Texas, according to the plat recorded in Volume 8562, Page 148, Official Records of Brazos County, Texas. and Lots One -A (1A), One -B (1B), Block One (1), Aggieland Business Park, an addition to Brazos County, Texas, according to the replat recorded in Volume 8930, Page 158, Official Records of Brazos County, Texas. and Lots Seven (7) and Eight (8), Block Four (4), Aggieland Business Park, Phase 4, an addition to Brazos County, Texas, according to plat recorded in Volume 8169, Page 135, Offlclal Records of Brazos County, Texas. Lot Two (2), Block One (1) and Lots Fifteen (15), Sixteen (16), Seventeen (17), Eighteen (18) and Nineteen (19), Block Three (3), Aggieland Business Park, Phase 1, an addition to Brazos County, Texas, according to the plat recorded in Volume 8562, Page 146, Official Records of Brazos County, Texas, TRACT THREE Lots One -A (1A) and One -B (1 B), Block One (1), Aggieland Business Park, an addition to Brazos County, Texas, according to the replat recorded in Volume 8930, Page 158, Official Records of Brazos County, Texas, The search contained herein was made with the benefit of Mortgagee Title Policy Nos. G82- 0404478, L85- Z007369 and 7422243 - 77199375. The above name(s) and legal description was searched for deeds, deeds of trust, mechanics liens, judgments, federal tax liens, state tax liens, and all other filings in the official records which would affect title, from August 27, 2007 at 10:29 a.m. to June 15, 2009 at 8:00 a.m. and we find no other actions or conveyance affecting the title to said land from August 27, 2007 at 10:28 a,m, except the following: Third Lien Deed of Trust executed by 80 -Jones Associates, Ltd., a Texas limited partnership to Michael R. Rudloff, Trustee for the benefit of The Brenham National Bank, dated August 14, 2007, recorded in Volume 8204, Page 229, Official Records of Brazos County, Texas (in the amount May. 4. 2010 1:59PM law- •s Title No. 5908 P. 30 of $1,000,000.00). (As to Tracts 1, 2 & 3) Affidavit of Certification of On -Site Sewage Facility (OSSF) Maintenance executed by 60 -Jones LLC, dated December 28, 2007, recorded In Volume 8412, Page 263, Official Records of Brazos County, Texas, (As to Tract 2, Lot 19, Block 3 ONLY) Deed of Trust executed by 60 -Jones Associates, Ltd. to Stephen F. Marquart, Trustee for the benefit of Wells Fargo Bank, National Association, dated June 3, 2008, recorded in Volume 8642, Page 31, Official Records of Brazos County, Texas (in the amount of $538,000.00). (As to Tract 2, Lot 19, Block 3 ONLY) Assignment of Rents executed by 60 -Jones Associates, Ltd. to Wells Fargo Bank, National Association, dated June 3, 2008, recorded in Volume 8642, Page 41, Official Records of Brazos County, Texas. (As to Tract 2, Lot 19, Block 3 ONLY) Release of Lien executed by The Brenham National Bank to 60 -Jones Associates; Ltd., dated June 12, 2008, recorded in Volume 8650, Page 140, Official Records of Brazos County, Texas; said document partially releases Deed of Trust recorded in Volume 6030, Page 68, Official Records of Brazos County, Texas. (As to Tract 2, Lot 19, Block 3 ONLY) Partial Release of Lien executed by The Brenham National Bank to 60- Jones Associates, Ltd., dated June 12, 2008, recorded in Volume 8650, Page 142, Official Records of Brazos County, Texas; said document partially releases Deed of Trust recorded in Volume 8204, Page 229, Official Records of Brazos County, Texas. (As to Tract 2, Lot 19, Block 3 ONLY) Partial Release of Lien executed by The Brenham National Bank to 60- Jones Associates, Ltd., dated June 12, 2008, recorded In Volume 8650, Page 144, Official Records of Brazos County, Texas, said document partially releases Deed of Trust recorded in Volume 7020, Page 251, Official Records of Brazos County, Texas. (As to Tract 2, Lot 19, Block 3 ONLY) Plat executed by 60- Jones, LLC dba Aggieland Business, dated January 16, 2009, recorded in Volume 8930, Page 158, Official Records of Brazos County. Texas. (As to Tract 3) Deed of Trust executed by 60 -Jones Associates, Ltd., a Texas limited partnership to Michael R. Rudloff, Trustee for the benefit of The Brenham National Bank, dated February 17, 2009, recorded in Volume 8967, Page 214, Official Records of Brazos County, Texas (in the amount of May, 4. 2010 1: 59PM law- •s Title No. 5908 P. 31 $1,000,000.00). (As to Tract 3, Lot 1A, Block 1 ONLY) Release of Lien executed by The Brenham National Bank to 60 -Jones Associates, Ltd., dated February 18, 2009, recorded in Volume 8967, Page 228, Official Records of Brazos County, Texas; said document releases Deed of Trust recorded in Volume 7020, Page 251, Official Records of Brazos County, Texas. (As to Tracts 1, 2 & 3) Release of Lien executed by The Brenham National Bank to 60 -Jones Associates, ltd, dated February 18, 2009, recorded in Volume 8967, Page 234, Official Records of Brazos County, Texas; said document releases Deed of Trust recorded in Volume 8030, Page 68, Official Records of Brazos County, Texas. (As to Tracts 1, 2 & 3) Partial Release of Lien executed by The Brenham National Bank to 60- Jones Associates, Ltd., dated February 18, 2009, recorded In Volume 8967, Page 240, Official Records of Brazos County, Texas; said document partially releases Deed of Trust recorded in Volume 8204, Page 229, Official Records of Brazos County, Texas. (As to Tract 3, Lot 1A, Block 1 ONLY) THIS REPORT IS ISSUED WITH THE EXPRESS UNDERSTANDING, EVIDENCED BY THE ACCEPTANCE OF SAME, THAT THE UNDERSIGNED, LAWYERS TITLE COMPANY OF BRAZOS COUNTY DOES NOT UNDERTAKE HEREIN TO GIVE OR EXPRESS ANY OPINION AS TO THE VALIDITY OF THE TITLE TO THE PROPERTY ABOVE DESCRIBED, NOR AS TO THE VALIDITY OF ANY OF THE INSTRUMENTS REPORTED, HEREIN, INCLUDING THE PURPORTED DEED($) ESTABLISHING THE RECORD OWNERS) CITED ABOVE, BUT 18 SIMPLY REPORTING BRIEFLY HEREIN, AS TO THE INSTRUMENTS FOUNDS OF RECORD PERTAINING TO THE SUBJECT PROPERTY, AND IT 19 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, May. 4. 2010 2: OOPM law s T i i 1 e No. 5908 P. 32 OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, HAVE BEEN CHECKEDTHROUGH June 15, 20000 8;00 a.m. Lawyers Title Company of Brazos County