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Home My WebLink AboutTitle ReportDate: June 1, 2011 File No.: GF No. M2208 Lawyers Title Company of Brazos County 1450 Copperfield Parkway College Station, TX 77845 Phone: 979- 776 -3600 Fax: 979 -776 -2383 TITLE REPORT Record Title at the Effective Date Hereof is Vested in: GEO 3, Inc., a Texas corporation The Land Referred to In this Report is Described as Follows: METES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRACT OF LAND LYING AND BEING SITUATED IN THE ANDREW McMAHAN SURVEY, ABSTRACT NO. 167, COLLEGE STATION, BRAZOS COUNTY, TEXAS. SAID TRACT BEING THE 3, INC. RECORDED IN SAME VOLUME TRACT LUME 89 0 3, LAND AGE 58 OF OFFICIAL PUBLIC RECORDS ORDS OF BRAZOS IN VO0 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 NORTHEAST LINE OF I & G N ROAD (100' R.O.W.) MARKING THE SOUTH CORNER OF A 10.0543 ACRE TRACT OF LAND D SN DESCRIBED BY 53A PAGE 54 OF THE GOLD THE OFFIC GOLD RECORDED OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS; THENCE: N 42° 18' 22" E ALONG THE SOUTHEAST LINE OF SAID 10.0543 ACRE TRACT FOR A DISTANCE OF 900.65 FEET (DEED CALL AND MEASURED DISTANCE) TO A 5/8 INCH IRON ROD FOUND MARKING THE EAST CORNER OF SAID 10.0543 ACRE TRACT; THENCE: FOR R A DISTANCE OF 697.14 FEET (DEED CALL O DISTANCE - TRACT F 697 29 FEET) TO A 1 /2 INCH IRON ROD FOUND ON THE SOUTHEAST LINE OF A CALLED 26.19 ACRE TRACT OF LAND AS DESCRIBED BY A DEED TO D. R. CAIN RECORDED IN VOLUME 375, PAGE 72 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS; THENCE: N 42° 16' 47" E ALONG THE SOUTHEAST LINE OF SAID 26.19 ACRE TRACT FOR A DISTANCE OF 514.22 FEET (DEED CALL DISTANCE - 914.36 FEET) TO A % INCH IRON PIPE FOUND ON THE SOUTHWEST LINE OF A CALLED 15.41 ACRE TRACT OF LAND AS DESCRIBED BY A DEED TO WILBOURN EUGENE BENTON RECORDED N VOLUME SAID 3 IRON PIPE FOUND RECORDS EAST BRAZOS COUNTY, CORNER OF SAID 26.19 ACRE TRACT; THENCE: S 47° 54' 05" E ALONG THE SOUTHWEST LINE OF SAID 15.41 ACRE TRACT FOR A DISTANCE OF 1193.25 FEET (DEED CALL DISTANCE - 1193.02 FEET) TO A' /z INCH IRON ROD FOUND MARKING THE SOUTH CORNER OF SAID 15.41 ACRE TRACT CORNER ACCORDING TO THE PLAT RECORDED IN 0 1 VOLUME28g,PAGE SUBDIVISION ACCOR 219 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS; THENCE: S 48° 00' ALONG THE (DEED CALL STANCE OF FEEDT) LOT 11 TO A' /F DISTANCE OF 385.11 INCH IRON ROD FOUND; THENCE: S 17° 54' 05" W, AT 963.89 FEET PASS A' /2 INCH IRON ROD FOUND ON THE APPARENT RIGHT -OF -WAY OF SOUTH DOWLING ROAD MARKING THE WEST CORNER OF A CALLED 5.00 ACRE TRACT OF LAND AS DESCRIBED BY A DEED TO CHARLES MICHAEL FULFER AND WIFE, KAREN MARIE FULFER RECORDED IN VOLUME 10087, PAGE 194 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, CONTINUE ON FOR A TOTAL DISTANCE OF 995.53 FEET (DEED CALL POINT IN THE DOWLING ROAD. FOR REFERENCE, CITY OF COLLEGE N OF SOUTH H DOWL STATION GPS MONUMENT NO. 134 BEARS: S 63° 17' 16" E FOR A DISTANCE OF 2220.16 FEET; THENCE: ALONG THE CENTERLINE OF SOUTH DOWLING ROAD FOR THE FOLLOWING CALLS: N 82° 15' 23" W FOR A DISTANCE OF 137.89 FEET (DEED CALL AND MEASURED DISTANCE) TO A POINT; N 87° 32' 32" W FOR A DISTANCE OF 129.09 FEET (DEED CALL AND MEASURED DISTANCE) TO A POINT; S 85° 44' 30" W FOR A DISTANCE OF 155.74 FEET (DEED CALL AND MEASURED DISTANCE) TO A POINT; S 83° 56' 08" W FOR A DISTANCE OF 97.61 FEET (DEED CALL AND MEASURED DISTANCE) TO A POINT; S 82° 48' 15" W FOR A DISTANCE OF 212.40 FEET (DEED CALL AND MEASURED DISTANCE) TO A POINT; S 75° 43' 32" W FOR A DISTANCE OF 103.75 FEET (DEED CALL AND MEASURED DISTANCE) TO A POINT; S 71° 40' 52" W FOR A DISTANCE OF 107.64 FEET (DEED CALL AND MEASURED DISTANCE) TO A POINT; S 70° 01' 48" W FOR A DISTANCE OF 205.54 FEET (DEED CALL AND MEASURED DISTANCE) TO A POINT; S 68° 24' 47" W FOR A DISTANCE OF 212.41 FEET (DEED CALL AND MEASURED DISTANCE) TO A POINT ON THE NORTHEAST LINE OF I & G N ROAD (100' R.O.W.) MARKING THE BEGINNING OF A CLOCKWISE CURVE HAVING A RADIUS OF 2814.67 FEET. FOR REFERENCE, A 1/2 INCH IRON ROD FOUND BEARS: N 26° 59' 55" W FOR A DISTANCE OF 37.71 FEET; THENCE: ALONG SAID CURVE AND THROUGH A CENTRAL ANGLE OF 05° 17' 24" FOR AN ARC DISTANCE OF 259.87 FEET (CHORD BEARS: N 24° 44' 15" W - 259.77 FEET) TO A 1 /2 INCH IRON ROD FOUND; THENCE: N 22° 04' 36" W CONTINUING ALONG THE NORTHEAST LINE OF I & G N ROAD FOR A DISTANCE OF 332.90 FEET (DEED CALL AND MEASURED DISTANCE) TO THE POINT OF BEGINNING CONTAINING 53.305 ACRES OF LAND, MORE OR LESS. NOTE: The Company is prohibited from insuring the area or quantity of the land described herein. Any statement in the above legal description of the area or quantity of land is not a representation that such are or quantity is correct, but is made only for informational and /or identification purposes and does not override Item 2 of Schedule B hereof. Exceptions: 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 December 16, 2008 @ 9:54 a.m. to May 16, 2011 @ 7:00 a.m. and we find no other actions or conveyance affecting the title to said land from December 16, 2008 @ 9:54 a.m. except the following: • Right of Way Easement executed by GEO 3, Inc., a Texas corporation to City of Bryan, Texas dba "Bryan Texas Utilities" ( "BTU "), dated December 10, 2009, recorded in Volume 9242, Page 206, Official Records of Brazos County, Texas. • Right of Way Easement executed by GEO 3, Inc., a Texas corporation to City of Bryan, Texas dba "Bryan Texas Utilities" ( "BTU "), dated October 30, 2009, recorded in Volume 9242, Page 274 Official Records of Brazos County, Texas. • Affidavit of Certification of On -Site Sewage Facility (OSSF) Maintenance executed by Jim Brooks of GEO 3, Inc., dated March 12, 2010, recorded in Volume 9573, Page 16, Official Records of Brazos County, Texas. Curative Matters: • Deed of Trust, Security Agreement and Financing Statement executed by GEO 3, Inc., a Texas corporation to James W. Goolsby, Jr., Trustee for the benefit of Sterling Bank, dated July 31, 2009, recorded in Volume 9248, Page 94, Official Records of Brazos County, Texas (in the amount of $1,200,000.00). • Assignment of Leases and Rents executed by GEO 3, Inc., a Texas corporation to Sterling Bank, dated July 31, 2009, recorded in Volume 9248, Page 111, Official Records of Brazos County, Texas. Modification Agreement by and between GEO 3, inc., a Texas corporation and Sterling Bank, dated July 31, 2010, recorded in Volume 9819, Page 120, Official Records of Brazos County, Texas; said document modifies the above - mentioned Deed of Trust and Assignment of Leases and Rents. 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 F IS EXPRESSLY LIMITED TO $ 62.38.T LIABILITY OF THE ISSUER HEREO THIS 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 E NOT THROUGHD REPORT, NEEDED, SAID COVERAGE IS AVAILABLE THE APPLICABLE OLICY(ES), AT THE SPECIFIED PROMULGATED PREMIUM. OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, HAVE BEEN CHECKED THROUGH May 16, 2011 @ 7:00 a.m. Lawyers Title Company of Brazos County By: