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( �• r l`L Notional Title Insurance Company
OWNER'S POLICY OF TITLE INSURANCE (T -1)
ISSUED BY
WFG NATIONAL TITLE INSURANCE COMPANY
Policy No. T1 -103- 809 - 00565132
Any notice of claim and any other notice or statement in writing required to be given the Company under this Policy must be given to the
Company at the address shown in Section 17 of the Conditions.
COVERED RISKS
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND
THE CONDITIONS, WFG NATIONAL TITLE INSURANCE COMPANY, a South Carolina corporation (the "Company') insures, as
of Date of Policy and, to the extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the
Amount of Insurance, sustained or incurred by the Insured by reason of
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1. Title being vested other than as stated in Schedule A
2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from:
(a) Adefect in the Title caused by
(i) forgery, fraud, undue influence, duress, incompetency, incapacity or impersonation;
(ii) failure of any person or Entityto have authorized a transfer or conveyance;
(iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized or delivered;
(iv) failure to perform those acts necessary to create a document by electronic means authorized bylaw;
(v) a document executed under a falsified, expired or otherwise invalid power of attorney,
(vi) a document not properly filed, recorded or indexed in the Public Records including failure to perform those acts by
electronic means authorized by law; or
(vii) a defective judicial or administrative proceeding.
(b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but
unpaid.
(c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by
an accurate and complete and survey of the Land. The term "encroachment" includes encroachments of existing
improvements located on the Land onto adjoining land, and encroachments onto the Land of existing improvements located
on adjoining land.
(d) My statutory or constitutional mechanic, contractor's, or materialman's lien for Labor or materials having its inception on or
before Date of Policy.
3. Lack of good and indefeasible Title.
4. No right of access to and from the Land.
5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and
zoning) restricting, regulating, prohibiting or relating to:
(a) the occupancy, use or enjoyment of the Land;
(b) the character, dimensions or location of any improvement erected on the Land;
(c) subdivision of land; or
(d) environmental protection
if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce,
but only to the extent of the violation or enforcement referred to in that notice.
6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the
enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the
enforcement referred to in that notice.
7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public
Records.
8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge.
9. Title being vested other than as stated in Schedule Aor being defective:
(a) as a result of the avoidance in whole or in part, or from a court order providing an altemative remedy, of a transfer of all or
any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A
because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency or
similar creditors' rights laws; or
(b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal
bankruptcy, state insolvency or similar creditors' right; laws by reason of the failure of it recording in the Public
Records:
(1) to be timely, or
(ii) to impart notice of its existence to a purchaser for value or a judgment or lien creditor.
Texas FormT -1: ONrner's Policy of Title insurance (2/01/10)
V'FG National Form No. 3154948
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10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 throvoh 9 that has been c
or attached or has been fried or recorded in the Public Records subsequent to Date of Policy and prior to the recording of
the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule
The Company will also pay the cost, attorneys' fees and expenses incurred in defense of any matter insured against by this Policy,
but only to the extent provided in the Conditions.
WIG NATIONAL 71Tte INSURANCE COMPANY fit�;Mu Rt ,
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Authorized Signature
Texas FormT -1: O:rner's Policy of Title Insurance (2 /01 /10)
WFG National Form No. 3154948
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Freihium: $15,281.20 1000, 0500' P -C
SCHEDULE A
Name and Address of Title Insurance Company: VVFG National Title insurance Company
61.3 N.W. Loop 410, Suite 150
San Antonio, TX 78216
File No.: 151713 Policy No.: 103- 809 - 00565132
Address for Reference Only: N/A
POLICY AMOUNT: $2,740,000.00
POLICY DATE: April 9, 2012 at 11:22 AM
1. NAME OF INSURED:
LEHTONEN INVESTMENTS, LTD. and LEHTONEN INVESTMENTS 11, LTD.
2. WE INSURE YOUR INTEREST IN THE LAND COVERED BY THIS POLICY IS:
FEE SIMPLE
3. TITLE TO THE ESTATE OR INTEREST IN THE LAND IS VESTED IN:
LEHTONEN INVESTMENTS, LTD. and LEHTONEN INVESTMENTS 11, LTD.
4. LEGAL DESCRIPTION OF THE LAND:
TRACT ONE:
Being ail that certain lot, tract or parcel of land lying and being situated in Brazos County, Texas and
being Lot Twenty -eight (28), Block Three (3), TOWER POINT SUBDIVISION, PHASE 3, an addition
to the City of College Station, Texas, according to vacating plat recorded in Volume 9699, page 155,
Official Records of Brazos County, Texas.
TRACT TWO:
Being all that, certain 5325 sq. ft. tract or parcel of land lying and being situated in the ROBERT
STEVENSON LEAGUE, Abstract No. 54, College Station, Brazos county, Texas, and being part of
the 89.42 acre - Tract One, described in the deed from Timothy J. Crowley to College Station
MarketPlace, L.P., recorded in Volume 8274, page 111, Official Records of Brazos County, Texas,
and being more particularly described as follows:
BEGINNING at an "x" found in concrete marking the west corner of Lot 28, Block 3, Tower Point
Subdivision, Phase 3, according to the plat recorded in Volume 9699, page 155, Official Records of
Brazos County, Texas;
BRAZOS COUNTY ABSTRACT COMPANY ,
By: : +; , '.
Authorized Signature
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WFG NATION: 'TITLE INSURANCE COMPANY
SCHEDULE B
File No. 151713 (Continued) Policy No.: 103 - 809 - 00565132
THENCE along the southwest line of the beforementioned Lot 28, Block 3, same being along the
centerline of a 23' wide concrete drive isle, as follows:
S 44° 59' 13" E - for a distance of 244.12 feet to an "x" found in concrete;
S 55° 13' 52" E - for a distance of 39.94 feet and corner on the back of the curb of a concrete drive
isle, from which the south corner of the said Lot 28, Block 3, bears S 55° 13' 52" E - 59.66 feet;
THENCE along the south and southwest back of curb lines for a 23 foot wide concrete drive isle
currently serving Lot 28, Block 3, as follows:
S 44° 43' 59" W - for a distance of 38.93 feet;
N 44° 59' 56" W - for a distance of 11,65 feet;
N 19° 48' 09" E - for a distance of 18.74 feet to the beginning of a curve, concave to the west, having
a radius of 5.00 feet;
Northerly along said curve for an arc distance of 5.65 feet to the end of this curve, the chord bears N
12° 35' 32" W - 5.36 feet;
N 44° 59' 13" W - for a distance of 283.25 feet and corner at the west corner of a 5.5' wide concrete
sidewalk;
THENCE N 44° 29' 51" E along the northwest line of the beforementioned 5.5' wide concrete
sidewalk and it's projection, for a distance of 56.50 feet to the south line of a proposed private
access and public utility easement, same being a curve, concave to the northeast having a radius of
170.00 feet;
THENCE Southeasterly along said curve, same being the south line of the proposed private access
and public utility easement for an arc distance of 25.93 feet and corner in the northwest line in the
beforementioned Lot 28, Block 3, same being the west terminus of a 20' wide private access and
public utility easement, as shown on the beforementioned Lot 28, Block 3, Phase 3 plat, the chord
bears S 65° 15' 38" E - 25.90 feet;
THENCE S 45° 00' 48" W along the northwest line of the beforementioned Lot 28, Block 3, for a
distance of 53.47 feet to the PLACE OF BEGINNING, containing 5325 square feet 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 area or quantity is correct, but is made only for informational and /or identification purposes
and does not override item 2 of Schedule B hereof.
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VNFG NATIONAL TITLI~ I N S URANCE COMPANY
SCHEDULE B
File No. 151713 Policy No.: 103- 809 - 00565132
EXCEPTIONS FROM COVERAGE
THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE (AND THE COMPANY WILL NOT PAY
COSTS, ATTORNEYS' FEES OR EXPENSES) THAT ARISE BY REASON OF THE TERMS AND
CONDITIONS OF THE LEASES OR EASEMENTS, IF ANY, SHOWN IN SCHEDULE A AND THE
FOLLOWING MATTERS:
1. THE FOLLOWING RESTRICTIVE COVENANTS OF RECORD ITEMIZED BELOW (THE
COMPANY MUST EITHER INSERT SPECIFIC RECORDING DATA OR DELETE THIS
EXCEPTION):
Terms, provisions, covenants, conditions, and restrictions, easements, charges, assessments and
liens provided in the Covenants, Conditions and Restrictions recorded in Volume 9497, page 198,
Volume 9530, page 98 and Volume 10036, page 24, Official Records of Brazos County, Texas, but
omitting any covenant, condition or restrictions, if any, based on race, color, religion, sex, handicap,
familial status or national origin unless and only to the extent that the covenant, condition or
restrictions (a) is exempt under Title 42 of the United States Code, or (b) related to handicap, but
does not discriminate against handicapped persons.
2. SHORTAGES IN AREA.
3. HOMESTEAD OR COMMUNITY PROPERTY OR SURVIVORSHIP RIGHTS, IF ANY, OF ANY
SPOUSE OF ANY INSURED.
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 THE 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.
5. STANDBY FEES, TAXES AND ASSESSMENTS BY ANY TAXING AUTHORITY FOR THE YEAR
2012, 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.
6. THE FOLLOWING MATTERS AND ALL TERMS OF THE DOCUMENT CREATING OR OFFERING
EVIDENCE OF THE MATTERS (WE MUST INSERT MATTERS OR DELETE THIS EXCEPTION.):
a. Rights of Parties in Possession.
b. Easements, or claims of easements, which are not recorded in the public records.
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WFG NATIONAL TITLE INSURANCE COMPANY
SCHEDULE 8
File No. 151713 (Continued) Policy No.: 103- 809 - 00565132
c. 20' Private Access and Public Utility Easement along the southeast and north sides of the lot, 40'
Private Access and Public Utility Easement along the east side of the lot and a 15' Public Utility
Easement adjoining the 20' Private Access and Public Utility Easement along the north side of
the lot as shown of record on vacating plat of Tower Point Subdivision, Phase 3, recorded in
Volume 9699, page 155, Official Records of Brazos County, Texas, and as shown on survey plat
prepared by S. M. Kling, Registered Professional Land Surveyor, State of Texas, No. 2003,
dated February, 2012. (Tract One)
d. Right -of -Way Easement from Ethel Cavitt, et al to City of Bryan, dated September 21, 1961,
recorded in Volume 215, page 589, Deed Records of Brazos County, Texas, and as depicted on
survey plats prepared by S. M. Kling, Registered Professional Land Surveyor, State of Texas,
No. 2003, dated February, 2012 and April 3, 2012. (Tracts One and Two)
e. Pipeline Easement from Timothy J. Crowley to Aquila Southwest Pipeline Corporation, dated
November 3, 1993, recorded in Volume 1977, page 50, Official Records of Brazos County,
Texas, and as depicted on survey plats prepared by S. M. Kling, Registered Professional Land
Surveyor, State of Texas, No. 2003, dated February, 2012 and April 3, 2012. (Tracts One and
Two)
f. Temporary Blanket Utility Easement from College Station MarketPlace, L.P. to City of College
Station, Texas, dated January 5, 2010, recorded in Volume 9497, page 77, Official Records of
Brazos County, Texas, as noted on survey plat prepared by S. M. Kling, Registered Professional
Land Surveyor, State of Texas, No. 2003, dated February, 2012.
g. Public Utility Easement from College Station MarketPlace, L.P. to City of College Station, Texas,
dated November 24, 2010, recorded in Volume 9928, page 140, Official Records of Brazos
County, Texas, and depicted as a variable width easement on survey plat prepared by S. M.
Kling, Registered Professional Land Surveyor, State of Texas, No. 2003, dated February, 2012.
(Tract One)
h. Terms and conditions contained in Easement Agreement for Access from Lehtonen Investments,
Ltd., et al to College Station MarketPlace, L.P., dated April 5, 2012, recorded in Volume 10611,
page 97, Official Records of Brazos County, Texas.
i. Mineral reservation in Deed from Edith Cavitt Estate et al to United Four Joint Venture, dated
December 16, 1982, recorded in Volume 564, page 504, Deed Records of Brazos County,
Texas. Title to this reservation has not been traced subsequent to the date of the above -cited
instrument.
j. Royalty reservation in Deed from Robert B. Waltman et ux to Timothy J. Crowley, dated January
24, 1992, but effective December 31, 1991, recorded in Volume 1415, page 74, Official Records
of Brazos County, Texas. Title to this reservation has not been traced subsequent to the date of
the above -cited instrument.
k. Mineral reservation in Deed from Timothy J. Crowley to College Station Marketplace, L.P., dated
October 3, 2007, recorded in Volume 8274, page 111, Official Records of Brazos County, Texas.
Title to this reservation has not been traced subsequent to the date of the above -cited
instrument.
I. Estate created by Oil and Gas Lease from Edith Cavitt Estate et al to Cayuga Exploration, Inc.,
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VVFG I'!ATIONAL TITLE INSURANCE COMPANY
SCHEDULE B
File No. 151713 (Continued) Policy No.: 103 - 809 - 00565132
dated August 15, 1977, recorded in Volume 27, page 530, O &GL Records of Brazos County,
Texas. Title to this lease has not been traced subsequent to the date of the above -cited
instrument.
m. Estate created by Oil and Gas Lease from Timothy J. Crowley, et al to Union Pacific Resources
Company, dated May 29, 1990, recorded in Volume 1205, page 135, Official Records of Brazos
County, Texas; as ratified in instruments recorded in Volume 1197, page 837 and 839; Volume
1220, pages 311, 313, 315 and 317 and Volume 1667, page 42, Official Records of Brazos
County, Texas; and as amended and extended in instruments recorded in Volume 1835, page
92 and Volume 1839, page 303, Official Records of Brazos County, Texas; subject to Partial
Release dated October 17, 1995, recorded in Volume 2514, page 332, Official Records of
Brazos County, Texas; subject to terms and conditions of Agreements of Lessor regarding Oil
and Gas Lease recorded in Volume 9497, page 255, Volume 10512, page 170 and Volume
10541, page 230, Official Records of Brazos County, Texas. Title to this lease has not been
traced subsequent to the date of the above -cited instrument.
n. Terms and conditions of Non - Disturbance, Attornment and Subordination Agreement by and
between American Momentum Bank, CSMP Phase 3 /Lot 28, LLC and Sean Hawthorne effective
December 28, 2010, recorded in Volume 10000, page 1, Official Records of Brazos County,
Texas. (Tract One)
o. Terms and conditions of Non - Disturbance, Attornment and Subordination Agreement by and
between American Momentum Bank, CSMP Phase 3 /Lot 28, LLC and Chrome, Inc. effective
December 28, 2010, recorded in Volume 10000, page 13, Official Records of Brazos County,
Texas. (Tract One)
p. Terms and conditions of Non - Disturbance, Attornment and Subordination Agreement by and
between American Momentum Bank, CSMP Phase 3 /Lot 28, LLC and Spoons Yogurt, LLC
effective December 28, 2010, recorded in Volume 10000, page 25, Official Records of Brazos
County, Texas. (Tract One)
q. Terms and conditions of Non - Disturbance, Attornment and Subordination Agreement by and
between American Momentum Bank, CSMP Phase 3 /Lot 28, LLC and Dong Nguyen effective
December 28, 2010, recorded in Volume 10000, page 37, Official Records of Brazos County,
Texas. (Tract One)
r. Terms and conditions of Non - Disturbance, Attornment and Subordination Agreement by and
between American Momentum Bank, CSMP Phase 3 /Lot 28, LLC and Job I, LLP effective
December 28, 2010, recorded in Volume 10000, page 49, Official Records of Brazos County,
Texas. (Tract One)
s. Terms and conditions as set forth in the Declaration of Easements, Covenants, Conditions and
Restrictions n by and between HEB Grocery Company, LP and College Station MarketPlace, L.P.,
dated February 10, 2010, recorded in Volume 9497, page 198 and corrected in Volume 9530,
page 98, Official Records of Brazos County, Texas.
t. Terms, conditions and stipulations contained in Declaration of Supplemental Easement,
Covenants and Restrictions by College Station MarketPlace, L.P., dated February 16, 2011,
recorded in Volume 10036, page 24, Official Records of Brazos County, Texas.
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' \ArFG NATIONAL TITLE INSURANCE COMPANY
SCHEDULE B
File No. 151713 (Continued) Policy No.: 103- 809 - 00565132
u. Maintenance charge as set forth in Declaration of Supplemental Easement, Covenants and
Restrictions by College Station MarketPlace, L.P., dated February 16, 2011, recorded in Volume
10036, page 24, Official Records of Brazos County, Texas.
v. All leases, grants, exceptions or reservations of coal, lignite, oil, gas and other minerals, together
with all rights, privileges and immunities relating thereto, appearing in the Public Records,
whether listed in Schedule B or not. There may be leases, grants, exceptions or reservations of
mineral interests that are not listed.
w. The Tax Certificate furnished by the taxing authorities is issued on real estate only. It does not
include minerals and /or personal property, therefore, no liability is assumed herein for the
payment of said mineral and /or personal property tax.