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Home My WebLink AboutWarranty DeedSPECIAL WARRANTY DEED WITH VENI - OWtI = 34 Date: April 4, 1996 E "�' 4 • C.�:t Grantor. JOE P. HOLLINGSWORTH and wife, PEGGY L_ HO1LL Grantor's Mailing Address (including count 2204 Sharon Drive 8 t?'} ,Bryan, Brazos County, Texas 77802 Grantee: DELPH ROSS Grantee's Mailing Address (including county): P. O. Box 6005, Bryan, Brazos County, Texas 77805 Consideration: TEN AND NO /100 DOLLARS ($10.00) and other good and valuable consideration and a Note of even date that is in the principal amount of ONE H1JNDRED THOUSAND AND NO /100 DOLLARS ($100,000.00) and is executed by Grantee, payable to the order of Grantor. It is secured by a Vendor's Lien retained in this Deed and by a Deed of Trust of even date froin Grantee to CHARLES A. ELLISON, Trustee. Property (including any improvements): Being all that 1.891 certain tract or parcel of land lying and being situated in the CRAWFORD BURNETT LEAGUE, Brazos County, Texas, and being more particularly described on Exhibit "A" attached hereto and made a part hereof by reference. Exceptions to Conveyance and Warranty: 1. Standby fees and ad valorem taxes for the year 1996 and all subsequent years and subsequent assessments for prior years due to changes in ownership or land Usage, the payment of which Grantee assumes. 2. Any and visible and apparent easements that may affect the property, including but not limited to roadways, sewer, telephone, water, and/or telephone and electric lines. 3. Fifty -foot building line on the southwest side; twenty-foot building line on the northwest and southeast sides; ei hteen -foot access road along the northwest side,' to give access to Smith 2 acre tract lying to the north east of subject tract; fence off property line on the northwest and northeast sides; electric line on the northwest and southeast sides; all as shown on survey prepared on March 25, 1996, under the supervision of Brad Kerr, R.P.S. No. 4502. 4. Twenty-foot Water Line Easement dated December 15, 1982, executed by Joe P. Hollingsworth, et ux, to the City of College Station, and recorded in Volume 522, Page 544 of the Deed Records of Brazos County, Texas, on the southwest side, all as shown on survey prepared on March 25, 1996, under the supervision of Brad Kerr, R.P.S. No. 4502. 5. Public Utility Easement dated January 28, 1970, executed by Annie Ruth Ware to the City of Bryan, and recorded in Volume 292, Page 265 of the Deed Records of Special Warranty Deed with Vendor's Lien vn, '25, h ,9 Pa F 11 Page 1 �aY ATTACHMENT 3 ('ARS()Nl P1 Ar\ mwc Brazos County, Texas, on the northwest side; all as shown on novey prepared on March 25, 1996. wider the supervision of Brad Kerr, R.P.S. No. 4502. 6. Blanket Easement dated April 23, 1937, executed by Anton Watthuber, et mt, to the City of Bryan. and recorded in Volume 98, Page 89 of the Deed Records of Brazos County, Texas; all as noted on survey prepared on March 25, 1996, under the supervision of Brad Kerr, R.P.S. No. 4502. 7. Lease Agreement dated July 15, 1992, between Joe P. Hollingsworth and Koppe = Bridge Bar and Grill, Inc., recorded in Volume 2221, Page 148 of the Official Records of Brazos County, Texas. 8. Memorandum of Oil & Gas Lease dated February 13, 1984, executed by Joe P. Hollingsworth, et ux, to Chaparral Minerals, Inc., recorded in Volume 680, Page 284 of the Official Records of Brazos County, Texas. Reservations from Conveyance and Warranty: 1. The vendor's 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. 2. For Grantor and Grantor's successors, a reservation of an undivided one -half (1/2) of all of the oil, gas, and other minerals that are in and under the Property and that may be produced from the Property. Grantor waives any and all surface rights, including the right of ingress and egress for the purpose of mining, drilling, exploring, operating, and developing the property for oil, gas, and other minerals and for removing them from the property. 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 hereby 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, when the claim is by, through, or under Grantor but not otherwise. When the context requires, singular nouns and pronouns include the plural. Grantor has executed and delivered this Deed and has granted, bargained, sold and conveyed the Property, and Grantee has accepted this Deed and has purchased the Property, AS IS, WHERE IS, AND WITH ALL FAULTS, AND WITHOUT ANY REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, WRITTEN OR ORAL, IT BEING THE INTENTION OF GRANTOR AND GRANTEE TO EXPRESSLY NEGATE AND EXCLUDE ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, BUT NOT LIMITED TO (i) THE CONDITION OF THE PROPERTY OR ANY ELEMENT THEREOF, INCLUDING, WITHOUT LIMITATION, WARRANTIES RELATED TO SUITABILITY FOR HABITATION, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (ii) THE NATURE OR QUALITY OF CONSTRUCTION, STRUCTURAL DESIGN AND ENGINEERING OF THE IMPROVEMENTS; (iii) THE QUALITY OF THE LABOR AND MATERIALS INCLUDED IN THE IMPROVEMENTS; (iv) THE SOIL CONDITIONS, DRAINAGE OR OTHER CONDITIONS EXISTING AT Special Warranty Deed with Vendor's Lien Page 2 Y01� ._clt)J rlSr 13 . � r ,. • R. r= ,mss - , _, THE PROPERTY WITH RESPECT . TO ANY PARTICULAR OR OTHERWISE; PURPOSE, DEVELOPMENTAL POTENTIAL AM VALUE, CONDITION, COrarOSITION AI1T (�) QUANTITY, QUALITY, WARRANTIES' CREATED Isir ANY AFFIRMATIIO p FgCT OR PROMIE OR ALL BY ANY DESCRIPTION OF THE PROPERTY; AND (viol) ALL OTHER WARRANTIES AND REPRESENTATIONS WHATSOEVER, EXCEPT THE SPECIAL WARRANTY OF TITLE EXPRESSLY SET FORTH HEREIN. GRANTEE ACKNOWLEDGES AND AGREES THAT THE PROVISIONS OF THIS PARAGRAPH WERE A MATERIAL FACTOR IN THE DETERMINATION OF THE PURCHASE PRICE FOR THE PROPERTY. This Special Warranty Deed with Vendor's Lien ( "Deed" herein) has been executed by Grantor on the date of-the taking of their acknowledgements, but the effective date of this Deed shall be deemed to be April 4, 1996 for all purposes and it shall be effective as of that date. f J P. OLLL' GS ORTH " M - Mv� THE STATE OF TEXAS § ACKNOWLEDGEMENT COUNTY OF BRAZOS § This instrument was JOE P. HOLL GSWORTH and w PEGGY L. HOLLINGSWORRTTI� day of April, 1996, by Notary Pub ic, tate o Texas Notary's Prinjid Name: -9 r� K• FC t cut My commission expires' CARMN R. FELOIMNN Notary Phic IDW STATE OF TEXAS Cm. Eq. OM J0. IM AFTER RECORDING RETURN TO: PREPARED IN THE LAW OFFICE OF: Rodgers, Miller & Ellison. P.C. P. O. Box 4884 Rodgers, Miller & Ellison, P.C. Bryan, TX 77805 4444 Carter Creek, Suite 208 File No. 04352.002 B4'an, TX 77802 Special Warrc.nty Deed with Yerrdor's Lien A:._5 NSE 1 Page 3 CARSON PLANNERS 4�0 SPECIAL WARRANTY DEED WITH VENDORS LIEN: JOE P. HOLLINGSWORTH, ET UX TO DELPH ROSS Special ly,,ranty Deed with Vendor's Lien Page 4 VO- 2569 rl-l� i 15