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NOTICE OF CONFIDENTIALITY RIGHTS : "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 THE
PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER."
WARRANTY DEED WITH VENDOR' LIEN
Date: NOVEMBER 21, 2011
Grantor: SADDLE CREEK PARTNERS, LTD., A TEXAS LIMITED PARTNERSHIP
Grantor's Mailing Address: 1721 BIRMINGHAM DRIVE, SUITE 206, COLLEGE STATION, BRAZOS COUNTY,
TEXAS 77845
Grantee: ALAN R. MORGAN AND WIFE, SANDRA MORGAN
Grantee's Mailing Address: 3211 INNSBRUCK CIRCLE, COLLEGE STATION, BRAZOS COUNTY, TEXAS 77845
Consideration: TEN AND NO /100 DOLLARS ($10.00) and a Note of even date herewith in the
principal amount of FIVE HUNDRED TWENTY ONE THOUSAND TWO HUNDRED FIFTY AND NO /100 DOLLARS
($521,250.00), executed by Grantee and payable to the order of PROSPERITY BANK, said Note being secured by
a Vendor' Lien retained in this Deed and by Deed of trust of even date herewith to DAVID ZALMAN, TRUSTEE,
for the benefit of PROSPERITY BANK.
Property (including improvements):
BEING ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE JAMES C.
STUTEVILLE LEAGUE, ABSTRACT NO. 216, BRAZOS COUNTY, TEXAS. SAID TRACT BEING ALL OF LOT 149,
BLOCK 6, SADDLE CREEK SUBDIVISION, PHASE 7B, ACCORDING TO THE PLAT RECORDED IN VOLUME
10229, PAGE 235 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, AND A PORTION OF THE
REMAINDER OF A CALLED 359.07 ACRE TRACT AS DESCRIBED BY A DEED TO JOHN A. MALLEY AND
JENNIFER B, TODD RECORDED IN VOLUME 7427, PAGE 210 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS
COUNTY, TEXAS.
SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT A X INCH IRON ROD FOUND ON THE NORTHEAST LINE OF SADDLE CREEK DRIVE (100'
R.O.W.) MARKING THE SOUTHWEST CORNER OF SAID LOT 149 AND THE SOUTHEAST CORNER OF LOT 148,
BLOCK 6, SADDLE CREEK SUBDIVISION, PHASE 5, ACCORDING TO THE PLAT RECORDED IN VOLUME 9311,
PAGE 252 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS;
THENCE: N 43° 04' 41" E ALONG THE COMMON LINE OF SAID LOT 149 AND LOT 148 FOR A DISTANCE OF
367.11 FEET TO A'/: INCH IRON ROD FOUND;
THENCE: S 64° 52' 02" E ALONG THE COMMON LINE OF SAID LOT 149 AND SAID REMAINDER OF 359.07
ACRE TRACT FOR A DISTANCE OF 158.54 FEET TO A 34 INCH IRON ROD FOUND MARKING AN ANGLE POINT
IN THE NORTHEAST LINE OF SAID LOT 149;
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THENCE: S 12° 49' 56" W CONTINUING ALONG THE COMMON LINE OF SAID LOT 149 AND SAID
REMAINDER OF 359.07 ACRE TRACT FOR A DISTANCE OF 145.52 FEET TO A >4 INCH IRON ROD FOUND;
THENCE: THROUGH SAID REMAINDER OF 359.07 ACRE TRACT FOR THE FOLLOWING CALLS:
S 22° 15' 54" E FOR A DISTANCE OF 34.30 FEET;
S 47° 28' 54" E FOR A DISTANCE OF 195.14 FEET;
S 26 36' 17" W FOR A DISTANCE OF 288.41 FEET TO A POINT ON THE EXTENSION OF THE
NORTHEAST LINE OF SADDLE CREEK DRIVE MARKING THE SOUTH CORNER OF THIS HEREIN
DESCRIBED TRACT;
THENCE: N 47° 03' 30" W CONTINUING THROUGH SAID REMAINDER OF 359.07 ACRE TRACT, AT 236.12
FEET PASS THE PLATTED END OF SADDLE CREEK DRIVE, CONTINUE ON ALONG THE NORTHEAST LINE OF
SADDLE CREEK DRIVE, AT 372.04 FEET PASS THE SOUTH CORNER OF SAID LOT 149, CONTINUE ON ALONG
THE NORTHEAST LINE OF SADDLE CREEK DRIVE FOR A TOTAL DISTANCE OF 532.21 FEET TO THE POINT OF
BEGINNING CONTAINING 3.647 ACRES OF LAND, MORE OF LESS.
Reservations from and Exceptions to Conveyance and Warranty:
This conveyance is made and accepted subject to any and all covenants, conditions, restrictions, easements,
right -of -way, mineral or royalty reservations and /or conveyances, and mineral leases, if any, in Grantor's chain
of title, applicable to and enforceable against the above described property, to the extent, and only to the
extent, that the same may still be in force and effect, shown of record in the office of the County Clerk of
BRAZOS County, Texas, including, but not limited to the following:
1. Restrictive covenants of record in Volume 10233, Page 187, Official Public Records of Brazos County,
Texas.
2. Twenty -five foot (25') front building setback; 30' pipeline easement along the east lot line; 30'
private drainage easement runs through the lot from north to southeast; 10' public utility easement
along the east lot line; 16' public utility easement along the front lot line; Private drainage easement
along the northwest lot line; 5' easement for anchors and guy wires to help support overhead utility
lines to extend 20' beyond any utility easement, as shown or noted on plat of Saddle Creek Subdivision Phase 7B recorded in Volume 10229, Page 235 of the Official Public Records of Brazos
County, Texas.
3. Twenty -five foot (25') front building setback; 16' public utility easement along the front lot line of
the original Lot 149, Block 6; 10' public utility easement along the west lot line; 10' private drainage
easement centered on lot line adjacent to Lot 148, Block 6; 10' public utility easement along the rear
lot lines of the original Lot 149, Block 6; 30' pipeline easement along the rear lot line; 30' private
drainage easement bisects original Lot 149, Block 6, as shown on survey dated November 10, 2011,
prepared under the supervision of Brad Kerr, RPLS No. 4502.
4. Memorandum of Ground Lease dated June 20, 2006, by and between John A. Malley and Jennifer B.
Todd, as Lessors and Saddle Creek Partners, LTD, as Lessee, recorded in Volume 7427, Page 277 of
the Official Public Records of Brazos County, Texas.
5. Blanket Easement granted to Wellborn Water Supply Corporation by J. C. Wade as set out in
instrument dated August 17, 1971, recorded in Volume 303, Page 385 of the Deed Records of Brazos
County, Texas, as noted on survey dated November 10, 2011, prepared under the supervision of
Brad Kerr, RPLS No. 4502.
6. Pipeline right -of -way granted to Aquila Southwest Pipeline Corporation, a Delaware Corporation
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from Louise Wade and J.E. Wade as set out in instrument dated October 1, 1992, recorded in
Volume 1842, Page 337 of the Official Public Records of Brazos County, Texas, as shown on survey
dated November 10, 2011, prepared under the supervision of Brad Kerr, RPLS No. 4502.
7. Easement granted to Saddle Creek Homeowners Association and adjoining land owners by John A.
Malley and Jennifer B. Todd as set out in instrument dated May 28, 2009, recorded in Volume 9136,
Page 140 of the Official Public Records of Brazos County, Texas.
8. Royalty interest in all of the oil, gas and other minerals in and under the herein described property
assigned to Kenneth M. Robison by Louise Wade, individually and as Executrix of the Estate of J. C.
Wade and as Trustee /Guardian, Eugene Wade, individually and as Trustee /Guardian, and AnnaBelle
Wade, individually in instrument dated July 7, 1983, recorded in Volume 601, Page 417 of the
Official Public Records of Brazos County, Texas.
9. Mineral Reservation as set out in Deed dated June 30, 2006, from Minnie Louise Wade aka Louise S.
Wade and Annie Belle Wade to John A. Malley and Jennifer B. Todd; recorded in Volume 7427, Page
198, Official Public Records of Brazos County, Texas.
10. Estate created by Oil, Gas and Mineral Lease granted to Peter Paul Petroleum Company by Louise
Wade, individually and as Executrix of the Estate of J. C. Wade and as Trustee /Guardian; Eugene
Wade, individually and as Trustee /Guardian; and Annabelle Wade, individually by instrument dated
July 1, 1983, recorded in Volume 604, Page 437 of the Official Public Records of Brazos County,
Texas, and all terms, conditions and stipulations contained therein.
11. Estate created by Oil, Gas and Mineral Lease granted to Union Pacific Resources Company by Louise
S. Wade, Annie Belle Wade, Steven Ray Wade, Bradley C. Wade, Richard Eugene Wade, individually
and as trustee for Laura Audnette Wade by instrument dated July 31, 1990, recorded in Volume
1209, Page 244 of the Official Public Records of Brazos County, Texas, and all terms, conditions and
stipulations contained therein. Said lease ratified in instrument dated December 1, 1993, recorded
in Volume 1978, Page 143 of said Official Public Records.
12. Corrected Memorandum of Oil, Gas and Mineral Lease dated February 16, 2001, by and between
Louise, S. Wade, James Eugene Wade, Annie Belle Wade, Steven Ray Wade, Bradley C. Wade,
Richard Eugene Wade, Laura Audnette Crenshaw and Lometa Petroleum Corporation, recorded in
Volume 4313, Page 311 of the Official Public Records of Brazos County, Texas. Said lease ratified in
instrument dated September 7, 2001, recorded in Volume 4313, Page 314 of said Official Public
Records.
13. Maintenance charges, dues, transfer fees, conveyance fees and assessments, and any and all liens
against the herein described property arising from or relating to such maintenance charges, dues,
fees and assessments as provided in the Declaration of Covenants, Conditions and Restrictions for
Saddle Creek Subdivision, Phase 7B, recorded in Volume 10233, Page 187 of the Official Public
Records of Brazos County, Texas.
Grantor, for the consideration and subject to the reservations from and exceptions to conveyance and warranty,
grants, sells, and conveys to Grantee the property, together with all and singular the rights and appurtenances
thereto in any wise belonging, to have and hold it to Grantee, Grantee's heirs, executors, administrators,
successors, or assigns forever. Grantor binds Grantor and Grantor's heirs, executors, administrators, and
successors to warrant and forever defend all and singular the property to Grantee and Grantee's heirs,
executors, administrators, successors, and assigns against every person whomsoever lawfully claiming or to
claim the same or any part thereof, except as to the reservations from and exceptions to warranty.
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The Vendor' Lien against and superior title to the property are retained until each Note described is fully paid
according to its terms, at which time this Deed shall become absolute.
PROSPERITY BANK, at Grantee's request, has paid in cash to Grantor that portion of the purchase price of the
property that is evidenced by the Note described. The Vendor' Lien and superior title to the property are
retained for the benefit of PROSPERITY BANK, and are transferred to that party without recourse on Grantor.
Current ad valorem taxes on the property having been prorated, the payment thereof is assumed by Grantee.
When the context requires, singular nouns and pronouns include the plural.
SADDLE CREEK PARTNERS, LTD., A TEXAS LIMITED
PARTNERSHIP
BY: JUSTLAND DEVELOPMENT, LLC, A LIMITED LIABIUTY
COMPANY, ITS GENERAL PARTNER
BY;
J. R A' SS, AG T
THE STATE OF TEXAS §
COUNTY OF BRAZOS §
This instrument was acknowledged before me, the undersigned authority, on this the c2/ day of
NOVEMBER, 2011, by J. FRED BAYLISS, AGENT ON BEHALF OF JUSTLAND DEVELOPMENT, LLC, A LIMITED
LIABILITY COMPANY, GENERAL PARTNER OF SADDLE CREEK PARTNERS, LTD., A TEXAS LIMITED
PARTNERSHIP, on behalf of said Limited Partnership, in the capacity therein stated.
PAMELA SALVATO ' / ; ! , ,
I 1 _ Notary Public, State of Texas 1
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�� ply Commission Expires ■ - : ARY PUBLIC, STATE OF TEXAS
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AUGUST 26, 2012 1
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PREPARED IN THE LAW OFFICE OF; `T Fr i ;`
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