HomeMy WebLinkAboutOversize Participation SheetOVERSIZE PARTICIPATION INFORMATION SHEET
THIS SECTION TO BE COMPLETED BY APPLICANT
PROPERTY OWNER(S): BCS Development Company
(Names must be exactly as they appear on the deed)
ADDRESS: 4090 State Hwy 6 South PHONE NUMBER: 979 -690 -1222
ALL LENDERS (Please fumish copies of all lien documents):Commerce National Bank
(Names and Addresses)
1221 University Drive, College Station, Tx. 77840
IF OWNER IS A CORPORATION, PARTNERSHIP, OR JOINT VENTURE (also see #5 below):
1. State of Incorporation/Registration Texas
2. Partners' Names (if applicable)
3. Person Authorized to Sign Charles R. French, President
(Name and Title)
LEGAL DEPARTMENT MUST BE PROVIDED WITH THE FOLLOWING:
(Please check items that are attached)
X 1. A copy of a deed and title insurance policy showing the names of the grantors /owners;
X 2. If the title insurance policy was issued more than 90 days,
X 3. For unplatted property, a signed, sealed and dated metes and bounds description and a
diagram of the property showing the location of the easement; or
_4. For platted property, a copy of the plat showing the lot, block, subdivision, and recording
information.
X 5. Corporate or partnership owners must furnish a copy of a corporate resolution or other proof of
authority to sign on behalf of the corporation, partnership, or joint venture.
2.00 MISCELLANEOUS
2.01 Silt Fence
2.02 Hydro Seeding with Fiber Mulch
SONOMA SUBDIVISION
OFFSITE 24" WATER LINE
ESTIMATE FOR OVERSIZE PARTICIPATION
September 29, 2009
MBESI NO. 10530005
Estimated Estimated Estimated Total
Quantity
Item
No.
1.00 WATER LINE IMPROVEMENTS
1.01 Mobilization and Stormwater Pollution Prevention Plan (includes
installation and maintenance of erosion control structures
throughout the entire project)
1.02 24" ANSI/AWWA C151/A21.5, CL 200 DIP Water Line (includes
installation, testing, and clean-up)
1.03 36" Steel Encasement (3/8" thick), Str. Backfill
1.04 24" Butterfly Valve
1.05 24 "x45 deg Bend
1.06 6" Blow -off Assembly
1.07 Connect to Existing Water Line
Description
1.00 LS $3,500.00 $3,500.00
1,557 LF
1,557 LF $2.50
2,595 SY $0.75
Subtotal Item 2.00:
Unit Cost Cost
$85.00 $132,345.00
60 LF $250.00 $15,000.00
1 EA $7,500.00 $7,500.00
6 EA $1,000.00 $6,000.00
1 EA $2,750.00 $2,750.00
1 EA $1,000.00 $1,000.00
Subtotal Item 1.00: $168,095.00
CONSTRUCTION COST: $173,933.75
The above construction estimate is based on the engineer's opinion of probable construction costs. This estimate constitutes our best
judgment at this time. Please note that the engineer does not have any control over contractor or supplier workloads and the degree
to which inflation may affect project costs between now and the bid date During design and construction, additional features may
become apparent as the work progresses, which will result in an increase or decrease in cost.
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JEFFERY L. ROBERTSON
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$3,892.50
$1,946.25
$5,838.75
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
Old Republic National Title Insurance Company Page 1
3. Record title to the land on the Effective Date appears to be vested in:
BCS Development Company
G.F. No. or File No. 25931
Effective Date: September 18, 2009, 07:00 am
Commitment No. issued: September 29, 2009, 01:45 pm
(if applicable)
1. The policy or policies to be issued are:
(a) OWNER'S POLICY OF TITLE INSURANCE (Form T -1)
(Not applicable for improved one -to -four family residential real estate)
Policy Amount:
PROPOSED INSURED:
(b) TEXAS RESIDENTIAL OWNER POLICY OF TITLE INSURANCE -
ONE -TO -FOUR FAMILY RESIDENCES (Form T -1R)
Policy Amount:
PROPOSED INSURED:
(c) LOAN POLICY OF TITLE INSURANCE (Form T -2)
Policy Amount: To Be Determined
PROPOSED INSURED: American Momentum Bank
Proposed Borrower: BCS Development Company. a Texas corporation
(d) TEXAS SHORT FORM RESIDENTIAL MORTGAGEE POLICY OF TITLE INSURANCE (Form T -2R)
Policy Amount:
PROPOSED INSURED:
Proposed Borrower:
(e) MORTGAGEE TITLE POLICY BINDER ON INTERIM CONSTRUCTION LOAN (Form T -13)
Binder Amount:
PROPOSED INSURED:
Proposed Borrower:
(f) OTHER
Policy Amount:
PROPOSED INSURED:
2. The interest in the land covered by this Commitment is: Fee Simple
4. Legal description of the land:
Being all that certain tract or parcel of land, lying and being situated in the Robert Stevenson Survey, Abstract No.
54, College Station, Brazos County, Texas, and being part of the 41.16 acre tract conveyed to BCS Development
Company by Wayne A. Dunlap, et al by deed recorded in Volume 6231, Page 66, of the Official Records of Brazos
County, Texas (O.R.B.C.) and being more particularly described by metes and bounds as follows:
BEGINNING at a found 1/2 -inch iron rod marking the southeast corner of the said 41.16 acre tract, the southwest
corner of the called 217.5 acre Gary Seaback tract described in Volume 2597, Page 186 (O.R.B.C.) and said iron rod
also being in the north right -of -way line of State Highway No. 40;
THENCE along the northerly line of said State Highway No. 40 for the following five (5) calls:
1. S 85° 21' 18" W for a distance of 145.15 feet to a found concrete monument with a brass disc for corner,
2. S 88° 07' 05" W for a distance of 517.45 feet to a found concrete monument with a brass disc for corner,
3. N 87° 53' 03" W for a distance of 240.64 feet to a found concrete monument with a brass disc for corner,
4. N 79° 00' 36" W for a distance of 478. 52 feet to a found concrete monument with a brass disc for corner
and
5. N 68° 44' 20" W for a distance of 233.26 feet to a found 1/2 -inch iron rod marking the south corner of
SONOMA, PHASE 2 Subdivision as recorded in Volume 8502, Page 285 (O.R.B.C.);
THENCE: along the southeast line of said SONOMA, PHASE 2 Subdivision for the following seventeen (17) calls:
1. N 21° 15' 40" E for a distance of 100.02 feet to a found 3/4 -inch iron pipe for the Point of Curvature
Continuation of Schedule A G.F. No. 25931
of a curve to the right,
2. 39.27 feet along the arc of said curve having a central angle of 90° 00' 00 ", a radius of 25.00 feet, a
tangent of 25.00 feet and a long chord bearing N 66° 15' 40" E at a distance of 35.36 feet to a found 3/4-
inch iron pipe for corner,
3. N 21° 15' 40" E for a distance of 50.00 feet to a found 1/2 -inch iron rod for corner,
4. N 68° 44' 20" W for a distance of 68.16 feet to a found 1/2 -inch iron rod for corner,
5. N 21° 15' 40" E for a distance of 210.00 feet to a found 1/2 -inch iron rod for corner,
6. S 68° 44' 20" E for a distance of 77.87 feet to a found 1/2 -inch iron rod for corner,
7. N 17° 17' 51" W for a distance of 104.19 feet to a found 3/4 -inch iron pipe for the Point of Curvature
of a curve to the left,
8. 64.73 feet along the arc of said curve having a central angle of 24° 43' 27 ", a radius of 150.01 feet, a
tangent of 32.88 feet and a long chord bearing N 29° 39' 39" W at a distance of 64.23 feet to a found
3/4 -inch iron pipe for the Point of Compound Curvature,
9. 8.38 feet along the arc of said compound curve having a central angle of 19° 12' 06 ", a radius of 25.00
feet, a tangent of 4.23 feet and a long chord bearing N 51° 37' 30" W at a distance of 8.34 feet for
corner,
10. N 28° 46' 30" E for a distance of 52.68 feet to a found 3/4 -inch iron pipe for corner,
11. 37.25 feet in a clockwise direction along the arc of a curve having a central angle of 85° 22' 55 ", a
radius of 25.00 feet, a tangent of 23.06 feet and a long chord bearing N 06° 33' 52" W at a distance of
33.90 feet to a found 3/4 -inch iron pipe for the Point of Compound Curvature,
12. 53.11 feet along the arc of said compound curve having a central angle of 6° 24' 23 ", a radius of
475.00 feet, a tangent of 26.58 feet and a long chord bearing N 39° 19' 47" E at a distance of 53.08 feet
to a found 3/4 -inch iron pipe for the Point of Tangency,
13. N 42° 31' 59" E for a distance of 144.58 feet to a found 3/4 -inch iron pipe for the Point of Curvature
of a curve to the right,
14. 38.03 feet along the arc of said curve having a central angle of 87° 09' 56 ", a radius of 25.00 feet, a
tangent of 23.79 feet and a long chord bearing N 86° 06' 58" E at a distance of 34.47 feet to a found 3/4-
inch iron pipe for corner,
15. N 39° 31' 24" E for a distance of 50.00 feet for corner,
16. 14.78 feet in a counter - clockwise direction along the arc of a curve having a central angle of 1° 46'
56 ", a radius of 475.00 feet, a tangent of 7.39 feet and a long chord bearing N 51° 22' 04" W at a distance
of 14.77 feet for corner and
17. N 39° 03' 22" E for a distance of 153.86 feet to a found 1/2 -inch iron rod marking the north corner of
said SONOMA, PHASE 2, said iron rod also being in the northeast line of the said 41.16 acre tract and
the southwest line of the 64.28 acre College Station Independent School District tract as recorded in Volume
3604, Page 243 (O.R.B.C.);
THENCE 5 48° 07' 48" E along the northeast line of said 41.16 acre tract for a distance of 1587.71 feet to the POINT
OF BEGINNING and containing 20.762 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 of land is not a representation that such area or quantity is correct, but is made
only for informational and /or identification purposes and does not override Item No. 2 of Schedule B.
Old Republic National Title Insurance Company Page 2
COMMITMENT FOR TITLE INSURANCE
SCHEDULE B
EXCEPTIONS FROM COVERAGE
In addition to the Exclusions and Conditions and Stipulations, your Policy will not cover Toss, costs, attorneys' fees, and expenses
resulting from:
1.
exceptieq}:
2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments or protrusions, or any
overlapping of improvements.
3. Homestead or community property or survivorship rights, if any, of any spouse of any insured. (Applies to the Owner
Policy only).
4. Any titles or rights asserted by anyone, including, but not limited to, persons, the public, corporations, governments or
other entities,
a. to tidelands, or lands comprising the shores or beds of navigable or perennial rivers and streams, lakes, bays, gulfs
or oceans, or
b. to lands beyond the line of harbor or bulkhead lines as established or changed by any government, or
c. to filled -in lands, or artificial islands, or
d. to statutory water rights, including riparian rights, or
e. to the area extending from the line of mean low tide to the line of vegetation, or the rights of access to that area or
easement along and across that area.
(Applies to the Owner Policy only.)
5. Standby fees, taxes and assessments by any taxing authority for the year 2009, and subsequent years; and subsequent taxes
and assessments by any taxing authority for prior years due to change in land usage or ownership, but not those taxes or
assessments for prior years because of an exemption granted to a previous owner of the property under Section 11.13,
Texas Tax Code, or because of improvements not assessed for a previous tax year. (If Texas Short Form Residential
Mortgagee Policy (T -2R) is issued, that policy will substitute "which become due and payable subsequent to Date of
Policy" in lieu of "for the year and subsequent years. ")
6. The terms and conditions of the documents creating your interest in the land.
7. Materials furnished or labor performed in connection with planned construction before signing and delivering the lien
document described in Schedule A, if the land is part of the homestead of the owner. (Applies to the Mortgagee Title
Policy Binder on Interim Construction Loan only, and may be deleted if satisfactory evidence is furnished to us before a
binder is issued.)
8. Liens and leases that affect the title to the land, but that are subordinate to the lien of the insured mortgage. (Applies to
Loan Policy (T -2) only.)
9. The Exceptions from Coverage and Express Insurance in Schedule B of the Texas Short Form Residential Mortgagee
Policy (T -2R). (Applies to Texas Short Form Residential Mortgagee Policy (T -2R) only. Separate exceptions 1 through 8
Old Republic National Title Insurance Company Page 1
Continuation of Schedule B G.F. No. 25931
of this Schedule B do not apply to the Texas Short Form Residential Mortgagee Policy (T -2R).
10. The following matters and all terms of the documents creating or offering evidence of the matters (We must insert matters
or delete this exception.):
a. Easements or claims of easements which are not recorded in the public records of Brazos County, Texas.
b. Any easement that may affect the property, such as roadways, sewer, telephone, water and /or telephone and
electrical lines.
c. Easement for pipe lines as shown in instrument from W. S. Barron and Verna F. Barron to Sinclair Refining
Company, dated October 6, 1947 and recorded in Volume 132, page 123, Deed Records of Brazos County,
Texas.
d. Blanket Easement for electric transmission as shown in instrument from Wayne A. Dunlap and Thomas L.
Brown to City of Bryan, Texas, dated March 31, 1981 and recorded in Volume 479, page 267, Deed Records
of Brazos County, Texas.
e. Easement granted to City of College Station, Texas by BCS Development Company as set out in instrument
dated September 29, 2004, recorded in Volume 6337, Page 277 of the Official Public Records of Brazos
County, Texas.
f. Temporary Blanket Utility Easement as shown in instrument from BCS Development Company to City of
College Station dated April 11, 2007 and recorded in Volume 7925, Page 120 of the Official Public Records of
Brazos County, Texas.
g. Easement granted to City of College Station, Texas by BCS Development Company as set out in instrument
dated August 20, 2007, recorded in Volume 8250, Page 105 of the Official Public Records of Brazos County,
Texas.
h. Blanket Easement for telephone communications as shown in instrument from Wayne Dunlap, Beverly J.
Furrer, Patricia J. Vogel, and Thomas L. Brown, Jr. to Williams Communications, Inc., dated August 10,
1999 and recorded in Volume 3621, page 334, Official Records of Brazos County, Texas.
i. Blanket Easement for telephone communications as shown in instrument from Wayne Dunlap, Beverly J.
Furrer, Patricia J. Vogel, and Thomas L. Brown, Jr. to Williams Communications, Inc., dated August 23,
1999 and recorded in Volume 3621, page 341, Official Records of Brazos County, Texas.
j. Blanket Easement for telephone communications as shown in instrument from Wayne Dunlap, Beverly J.
Furrer, Patricia J. Vogel, and Thomas L. Brown, Jr. to Williams Communications, Inc., dated August 30,
1999 and recorded in Volume 3621, page 345, Official Records of Brazos County, Texas.
k. Blanket Easement for telephone communications as shown in instrument from Wayne Dunlap, Beverly J.
Furrer, Patricia J. Vogel, and Thomas L. Brown, Jr. to Williams Communications, Inc., dated August 19,
1999 and recorded in Volume 3622, page 1, Official Records of Brazos County, Texas.
1. Royalty interest in the oil, gas and other minerals in and under the herein described property reserved in
deed from Verna F. Barron to James L. Gilliam dated August 15, 1957, recorded in Volume 183, page 569,
Deed Records of Brazos County, Texas. Title to this interest not investigated subsequent to date of said
instrument.
Old Republic National Title Insurance Company Page 2
Continuation of Schedule B G.F. No. 25931
m. Mineral Reservation as set out in deed dated August 2, 2004 from Wayne A. Dunlap, Beverly J. Furrer,
Patricia J. Vogel and Thomas L. Brown, Jr. to BCS Development Company, recorded in Volume 6231, page
66, Official Public Records of Brazos County, Texas. Title to this interest not investigated subsequent to date
of said instrument.
n. Estate created by oil, gas and mineral lease granted to Colonial Royalties Company by B. J. Carter and wife,
Jerry Carter in instrument dated April 3, 1962 and recorded in Volume 16, page 583 of the Oil, Gas and
Mineral Lease Records of Brazos County, Texas, and all terms, conditions and stipulations contained
therein. Title to this lease has not been investigated subsequent to date thereof.
o. Estate created by oil, gas and mineral lease granted to Jack W. Lester, Sr. by Wayne A. Dunlap and Thomas
L. Brown in instrument dated June 1, 1970 and recorded in Volume 21, page 333 of the Oil, Gas and Mineral
Lease Records of Brazos County, Texas, and all terms, conditions and stipulations contained therein. Title to
this lease has not been investigated subsequent to date thereof.
P.
q.
Estate created by oil, gas and mineral lease granted to Cities Service Company by Thomas L. Brown in
instrument dated October 20, 1976 and recorded in Volume 24, page 385 of the Oil, Gas and Mineral Lease
Records of Brazos County, Texas, and all terms, conditions and stipulations contained therein. Title to this
lease has not been investigated subsequent to date thereof.
Estate created by oil, gas and mineral lease granted to Cities Service Company by Wayne A. Dunlap and Jill
Mary Dunlap in instrument dated October 20, 1976 and recorded in Volume 24, page 517 of the Oil, Gas and
Mineral Lease Records of Brazos County, Texas, and all terms, conditions and stipulations contained
therein. Title to this lease has not been investigated subsequent to date thereof.
r. Estate created by oil, gas and mineral lease granted to Commadore Oil & Gas, Inc. by Wayne A. Dunlap and
Jill Mary Dunlap in instrument dated July 5, 1983 and recorded in Volume 89, page 533 of the Oil, Gas and
Mineral Lease Records of Brazos County, Texas, and all terms, conditions and stipulations contained
therein. Title to this lease has not been investigated subsequent to date thereof.
s. Estate created by oil, gas and mineral lease granted to Edco Energy, Inc. by Ronald Furrer and Beverly
Furrer in instrument dated October 21, 1991 and recorded in Volume 1379, page 90 of the Official Records
of Brazos County, Texas, and all terms, conditions and stipulations contained therein. Title to this lease has
not been investigated subsequent to date thereof.
t. Estate created by oil, gas and mineral lease granted to Edco Energy, Inc. by Thomas L. Brown and Crystal
Brown in instrument dated October 21, 1991 and recorded in Volume 1393, page 184 of the Official Records
of Brazos County, Texas, and all terms, conditions and stipulations contained therein. Title to this lease has
not been investigated subsequent to date thereof.
u. Estate created by oil, gas and mineral lease granted to Edco Energy, Inc. by Wayne A. Dunlap and Jill Mary
Dunlap in instrument dated October 21, 1991 and recorded in Volume 1674, page 156 of the Official Records
of Brazos County, Texas, and all terms, conditions and stipulations contained therein. Title to this lease has
not been investigated subsequent to date thereof.
v. Estate created by oil, gas and mineral lease granted to Edco Energy, Inc. by Richard F. Vogel and Patricia J.
Vogel in instrument dated October 21, 1991 and recorded in Volume 1674, page 161 of the Official Records
of Brazos County, Texas, and all terms, conditions and stipulations contained therein. Title to this lease has
not been investigated subsequent to date thereof.
w. There is expressly excluded from coverage hereunder, and this Company does not insure title to oil, gas and
other minerals of every kind and character in, on and under the property herein described.
Old Republic National Title Insurance Company Page 3
COMMITMENT FOR TITLE INSURANCE
SCHEDULE C
Your Policy will not cover loss, costs, attorneys' fees, and expenses resulting from the following requirements that will appear as
Exceptions in Schedule B of the Policy, unless you dispose of these matters to our satisfaction, before the date the Policy is issued:
1. Documents creating your title or interest must be approved by us and must be signed, notarized and filed for record.
2. Satisfactory evidence must be provided that:
a. no person occupying the land claims any interest in that land against the persons named in paragraph 3 of Schedule
A,
b. all standby fees, taxes, assessments and charges against the property have been paid,
c. all improvements or repairs to the property are completed and accepted by the owner, and that all contractors,
subcontractors, laborers and suppliers have been fully paid, and that no mechanic's, laborer's or materialmen's liens
have attached to the property,
d. there is legal right of access to and from the land,
e. (on a Loan Policy only) restrictions have not been and will not be violated that affect the validity and priority of the
insured mortgage.
3. You must pay the seller or borrower the agreed amount for your property or interest.
4. Any defect, lien or other matter that may affect title to the land or interest insured, that arises or is filed after the effective
date of this Commitment.
5. Deed of Trust dated June 21, 2007 from BCS Development Company to Mark A. Mesec, Trustee, securing the
payment of one note of even date therewith in the principal sum of $2,496,885.00, and any other amounts payable
under the terms thereof, payable to Citibank, N.A., filed for record with the County Clerks of Brazos County, Texas,
on June 28, 2007, recorded in Volume 8065, page 283 of the Official Public Records of Brazos County, Texas.
Countersigned
Aggieland Title Company
By
Old Republic National Title Insurance Company Page 1
COMMITMENT FOR TITLE INSURANCE
SCHEDULE D
G.F. No. or File No. 25931 Effective Date: September 18, 2009, 07:00 am
Pursuant to the requirements of Rule P -21, Basic Manual of Rules, Rates and Forms for the writing of Title Insurance in the State of
Texas, the following disclosures are made:
1. The following individuals are directors and/or officers, as indicated, of the Title Insurance Company issuing this Commitment
DIRECTORS OF OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
HARRINGTON BISCHOF
JOHN M. DOXON
STEVE R. WALKER
JOHN W. POPP
ARNOLD L. STEINER
A. C. ZUCARO
OFFICERS OF OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
RANDE K. YEAGER
President & Chief Operating Officer
STEPHEN C. WILSON
Executive Vice President
GARY J. HORN
Senior Vice President & CFO
DANIEL M. WOLD
Vice President, Secretary & Senior Corporate Counsel
MIKE TARPEY
Vice President and Treasurer
2. The following disclosures are made by the Title Insurance Agent issuing this Commitment:
Owners Directors Officers
William S. Thornton, Jr. William S. Thornton, Jr. William S. Thornton, Jr., President
3. You are entitled to receive advance disclosure of settlement charges in connection with the proposed transaction to which this
commitment relates. Upon your request, such disclosure will be made to you. Additionally, the name of any person, firm or
corporation receiving a portion of the premium from the settlement of this transaction will be disclosed on the closing or
settlement statement.
You are further advised that the estimated title premium is:
Owners Policy $0.00
Loan Policy $0.00
Endorsement Charges $0.00
Other $0.00
Total $0.00
Of this total amount: 15% will be paid to the policy issuing Title Insurance Company: 85% will be retained by the issuing
Title Insurance Agent; and the remainder of the estimated premium will be paid to other parties as follows:
Amount To Whom For Services
The estimated premium is based upon information furnished to us as of the date of this Commitment for Title Insurance. Final
determination of the amount of the premium will be made at closing in accordance with the Rules and Regulations adopted by the
Commissioner of Insurance.
This commitment is invalid unless the insuring provisions and Schedules A, B, and C are attached.
Old Republic National Title Insurance Company Page 1
I request deletion of the Arbitration provision.
DELETION OF ARBITRATION PROVISION
(Not Applicable to the Texas Residential Owner Policy)
Arbitration is a common form of alternative dispute resolution. It can be a quicker and cheaper means to settle
a dispute with your Title Insurance Company. However, if you agree to arbitrate, you give up your right to
take the Title Company to court and your rights to discovery of evidence may be limited in the arbitration
process. In addition, you cannot usually appeal an arbitrator's award.
Your policy contains an arbitration provision (shown below). It allows you or the Company to require
arbitration if the amount of insurance is $2,000,000 or less. If you want to retain your right to sue the
Company in case of a dispute over a claim, you must request deletion of the arbitration provision before
the policy is issued. You can do this by signing this form and returning it to the Company at or before
the Closing of your real estate transaction or by writing to the Company.
The arbitration provision in the Policy is as follows:
"Either the Company or the Insured may demand that the claim or controversy shall be submitted to arbitration
pursuant to the Title Insurance Arbitration Rules of the American Land Title Association ( "Rules "). Except as
provided in the Rules, there shall be no joinder or consolidation with claims or controversies of other persons.
Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the
Insured arising out of or relating to this policy, any service in connection with its issuance or the breach of a
policy provision, or to any other controversy or claim arising out of the transaction giving rise to this policy.
All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of
either the Company or the Insured, unless the Insured is an individual person (as distinguished from an Entity).
All arbitrable matters when the Amount of Insurance is in excess of $2,000,000 shall be arbitrated only when
agreed to by both the Company and the Insured. Arbitration pursuant to this policy and under the Rules shall
be binding upon the parties. Judgment upon the award rendered by the Arbitrator(s) may be entered in any
court of competent jurisdiction."
SIGNATURE DATE
Old Republic National Title Insurance Company Page 1
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CERTIFICATE OF CORPORATE RESOLUTION
I, RANDY FRENCH, President of BCS DEVELOPMENT COMPANY, do hereby certify
that said Corporation is duly organized and existing under the laws of the State of Texas; that all
franchise and other taxes required to maintain its corporate existence have been paid when due
and that no such taxes are delinquent; that no proceedings are pending for the forfeiture of its
Certificate of Incorporation or for its dissolution, voluntarily or involuntarily; that it is duly qualified
to do business in the State of Texas and is in good standing in such State; that there is no
provision of the Articles of Incorporation or by -laws of said Corporation limiting the power of the
Board of Directors to pass the resolution set out below and that the same is in conformity with the
provisions of said Articles of Incorporation and by -laws; that the Secretary is the keeper of the
records and minutes of the proceedings of the Board of Directors of said Corporation and that on
the 2 " day of March, 2007, a meeting of the Board of Directors of said Corporation, was duly
called and held in accordance with the law and the by -laws of the Corporation, at which meeting a
quorum of the Directors were present; and that at said meeting the following resolution was duly
and legally passed and adopted and that the same has not been altered, amended, rescinded or
repealed and is not in full force and effect;
RESOLVED, that the Corporation, acting by and through, (i) Randy French, its duly
authorized President, or (ii) Jeffrey Ray French, its duly authorized Vice President, is
hereby authorized and empowered to purchase, develop, and sell real properties and
further to execute such deeds, deeds of trust, mortgages, security agreements, loan
agreements, applications, consents, permits, easements, licenses, plats, replats,
settlement statements, affidavits, certificates, and other related documents as are
required to effectuate such purchases, developments and sales of said real properties,
and in connection therewith, to borrow from sellers of properties and /or lending
institutions, as the President or Vice President may deem appropriate, such sums as
necessary or desired for purchase prices of the properties and for development and
construction of permanent improvements upon and associated with said properties in
furtherance of corporate purposes; and thereafter, to sell same, on such terms and
conditions as the President or Vice President shall deem appropriate and execute any
and all documents necessary to effectuate such conveyances and transfers of said real
properties.
RESOLVED, FURTHER, that the said President or Vice President of this Corporation are
authorized and directed to take such other action to execute, without the attestation of
any other officer, or person, and deliver such additional instruments in the name of and
on behalf of this Corporation and under its corporate seal, or otherwise to do all such
further acts and things that the said President of this Corporation shall deem necessary
or proper (without the necessity of attestation by any other officer), in order to effectively
(i) perform all of the obligations and agreements expressed to be kept and performed by
this Corporation pursuant to the provisions of the instruments evidencing the purchase of,
mortgage of, development of, construction upon and sale of real properties and (ii)
consummate the transactions contemplated hereby.
RESOLVED, that any Vice President of this Corporation or any Secretary or Assistant
Secretary be and they are hereby authorized to attest the signature of the President or
Vice President of this Corporation thereto, provided such attestation shall not be
necessary for effectuating an act by the President or Vice President.
RESOLVED ALSO, that EDNA ALFORD as Assistant Secretary of the Corporation be,
and she is hereby, authorized to execute such deeds, settlement statements, affidavits,
certificates, and all other related documents as are required to effectuate the sales of real
properties of the corporation, in furtherance of corporate purposes.
I further certify that the following persons are officers of the Corporation and are persons
authorized to act and sign all documents as stated in the resolutions above:
RANDY FRENCH, PRESIDENT
SIN WITNESS WHEREOF, I have hereunto set my hand as President of sd corporation
this 2 day of March, 2007.
STATE OF TEXAS
COUNTY OF BRAZOS
By:
Charles R. French, President o
BCS Development Company
This instrument was acknowledged before me on this the Z day of March, 2007, by
CHARLES R. FRENCH, President of BCS DEVELOPMENT COMPANY, a Texas corporation, on
behalf of said corporation.
emtg.S.II49AVO4f ********.*******4
; O�PP Y !'4 W. S THORNTON, JR.
;2 • ` �I� • %. Notary Public ,(���,
� TEXAS STATE OF TEX
�� N otary Public, State of Texas
� My Commission
tR o ''••,FOF,' Expires 04/23/2009:
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