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Home My WebLink AboutTitle Report + • • Lawyers Title Company of Brazos County 1450 Copperfield Parkway College Station, TX 77845 Phone: 979-776-3600 Fax: 979-776-2383 TITLE REPORT Date: September 19, 2012 File No.: GF No. M2302 Record Title at the Effective Date Hereof is Vested in: Texas Hotel Management, L.P., formerly Texas Hotel Management Corporation The Land Referred to In this Report is Described as Follows: Being 17.215 acres of land, more or less, situated in Brazos County, Texas out of the Robert Stevenson League, Abstract No. 54 and being the same tract described in deed dated November 17, 1999, executed by Bandura Corp. to Texas Hotel Management Corporation, recorded in Volume 3665, Page 2418, Official Records of Brazos County, Texas, said 17.215 acre being more fully described in Exhibit "A" attached hereto and made a part hereof for any and all purposes. Exceptions: 1. Any portion of the subject property lying within the boundaries of any public or private roadway whether dedicated or not. 2. Visible and apparent easements on, over or across subject property. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the title that would be disclosed by an accurate and complete land survey of the land. 4. Easement executed by M. P. Laurent, Jr. to The City of Bryan, Texas, dated June 13, 1957, recorded in Volume 187, Page 428, Deed Records of Brazos County, Texas. . • • 5. Easement executed by M. P. Laurant, Jr. to The City of Bryan, Texas, dated January 28, 1972, recorded in Volume 301, Page 629, Deed Records of Brazos County, Texas. 6. Interest in and to all coal, lignite, oil, gas and other minerals, and all rights incident thereto, contained in instrument dated December 4, 1937, recorded on December 7, 1937, in Volume 95, Page 134, Deed Records of Brazos County, Texas. Reference to which instrument is here made for particulars. No further search of title has been made as to the interest(s) evidenced by this instrument, and the Company makes no representation as to the ownership or holder of such interest(s). 7. Interest in and to all coal, lignite, oil, gas and other minerals, and all rights incident thereto, contained in instrument dated December 6, 0937, recorded on December 7, 1937, in Volume 95, Page 136, Deed Records of Brazos County, Texas, Affidavit of Mineral Interest, executed by Randall E. Evans, recorded in Volume 1007, Page 367, Official Records, Brazos County, Texas. Reference to which instrument is here made for particulars. No further search of title has been made as to the interest(s) evidenced by this instrument, and the Company makes no representation as to the ownership or holder of such interest(s). 8. Interest in and to all coal, lignite, oil, gas and other minerals, and all rights incident thereto, contained in instrument dated March 28, 1938, recorded on April 4, 1938, in Volume 96, Page 59, Deed Records of Brazos County, Texas. Reference to which instrument is here made for particulars. No further search of title has been made as to the interest(s) evidenced by this instrument, and the Company makes no representation as to the ownership or holder of such interest(s). 9. Interest in and to all coal, lignite, oil, gas and other minerals, and all rights incident thereto, contained in instrument dated November 17, 1999, recorded on November 24, 1999, in Volume 3665, Page 245, Official Records of Brazos County, Texas. Reference to which instrument is here made for particulars. No further search of title has been made as to the interest(s) evidenced by this instrument, and the Company makes no representation as to the ownership or holder of such interest(s). 10.lnterest in and to all coal, lignite, oil, gas and other minerals, and all rights incident thereto, contained in instrument dated November 17, 1999, recorded on November 24, 1999, in Volume 3665, Page 248, Official Records of Brazos County, Texas. Reference to which instrument is here made for particulars. No further search of title has been made as to the interest(s) evidenced by this instrument, and the Company makes no representation as to the ownership or holder of such interest(s). • 11. Lease for coal, lignite, oil, gas or other minerals, together with rights incident thereto, dated May 29, 1942, by and between A. G. Edmonds and wife, Elizabeth A. Edmonds, as Lessor, and F. C. Roensch, as Lessee, recorded on June 27, 1942 in Volume 4, Page 252, of the Oil and Gas Lease Records of Brazos County, Texas. Reference to which instrument is here made for particulars. No further search of title has been made as to the interest(s) evidenced by this instrument, and the Company makes no representation as to the ownership or holder of such interest(s). 12. Lease for coal, lignite, oil, gas or other minerals, togetherr with rights incident thereto, dated November 15, 1934, by and between Anton Zek and wife, Albine Zak, as Lessor, and Tyrol! Petroleum Co., as Lessee, recorded on January 15, 1935 in Volume 88, Page 549, of the Deed Records of Brazos County, Texas. Reference to which instrument is here made for particulars. No further search of title has been made as to the interest(s) evidenced by this instrument, and the Company makes no representation as to the ownership or holder of such interest(s). 13. Lease for coal, lignite, oil, gas or other minerals, together with rights incident thereto, dated October 12, 1936, by and between Anton Zak and wife, Albine Zak, et al, as Lessor, and Francis & Stone Oil Company, as Lessee, recorded in Volume 92, Page 575, of the Deed Records of Brazos County, Texas. Assignment of Oil and Gas Lease dated January 4, 1937, executed by Francis & Stone Oil Company to J. J. Ferrell, recorded in Volume 93, Page 306, Deed Records, Brazos County, Texas. Reference to which instrument is here made for particulars. No further search of title has been made as to the interest(s) evidenced by this instrument, and the Company makes no representation as to the ownership or holder of such interest(s). 14. Lease for coal, lignite, oil, gas or other minerals, together with rights incident thereto, dated July 14, 1981, by and between M. P. Laurent, Jr. and wife, Adele S. Laurent, as Lessor, and Tripp Oil, Inc., as Lessee, recorded on August 14, 1981 in Volume 40, Page 576, of the Oil and Gas Lease Records of Brazos County, Texas. Assignment of Oil and Gas Lease dated August 17, 1981, executed by Tripp Oil, Inc. to Ronnie R. Allen, recorded in Volume 492, Page 320, Deed Records, and Assignment of Oil and Gas Lease executed by Tripp Oil, Inc. to Austin Chalk Royalty Trust, recorded in Volume 508, Page 486, Deed Records, Brazos County. Texas. Reference to which instrument is here made for particulars. No further search of title has been made as to the interest(s) evidenced by this instrument, and the Company makes no representation as to the ownership or holder of such interest(s). • Curative Matters: 1. Additional Collateral Deed of Trust executed by Texas Hotel Management, L.P., a Texas limited partnership to Franklin Patterson, Jr., Trustee for the benefit of Texas Enterprise Bank, dated June 15, 2009, recorded in Volume 9158, Page 275, Official Records of Brazos County, Texas (in the amount of $1,519,960.00). Modification Agreement dated August 1, 2011 executed by and between Texas Hotel Management, L.P. (Borrower) and The Bank & Trust of Bryan/College Station (Lender), recorded in Volume 10332, Page 266, Official Records, Brazos County, Texas. Modification Agreement dated July 29, 2010 executed by and between Texas Hotel Management, L.P. (Borrower) and The Bank & Trust of Bryan /College Station (Lender), recorded in Volume 10333, Page 19, Official Records, Brazos County, Texas. 2. Additional Collateral Deed of Trust executed by Texas Hotel Management, L.P., a Texas limited partnership to Ivan M. Olson, Trustee for the benefit of The Bank & Trust of Bryan /College Station, dated June 19, 2012, recorded in Volume 10745, Page 250, Official Records of Brazos County, Texas (in the amount of $700,000.00). 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 REPORT, IT IS UNDERSTOOD THAT THE LIABILITY OF THE ISSUER HEREOF IS EXPRESSLY LIMITED TO $150.00. THIS SEARCH HAS BEEN LIMITED TO THE ABOVE MATTERS AND THE ABOVE TIME PERIOD AND LAWYERS TITLE COMPANY OF BRAZOS COUNTY HAS NOT SEARCHED FOR, NOR HAS REFLECTED HEREIN, ANY EXAMINATION AS TO TAX SUITS, SPECIAL ASSESSMENTS, CONFUCTS OR OTHER INSTRUMENTS WHICH MAY AFFECT TITLE TO THE SUBJECT PROPERTY. IF TITLE INSURANCE COVERAGE, WHICH IS NOT PROVIDED BY THIS REPORT, IS NEEDED, SAID COVERAGE IS AVAILABLE THROUGH THE APPLICABLE PROMULGATED POLICY(IES), AT THE SPECIFIED PROMULGATED PREMIUM. • • d OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, HAVE BEEN CHECKED THROUGH September 3, 2012 0 7:00 am. Lawyers Title Company of Brazos County . . 1 w mb By: 4 0 Att.. 1 �.. _11...!// M2302 EXHIBIT "A" Being ell tits certain t:a ct or parcel of land lying atad beg sited iaa the ROBERT STEW/MOW L,EAGUB, Ate, is College Salon, Brazos Caaetty►, Tauso and ban all arf the snot cashed 17.21$ acres conveyed to banduta Corp. by M.F. Lament, Ir., eke Milton Pail L.aaau+ast, 3'r. and Adele Rosie* Stab tannest by deed recorded in Volume 3003, Page 305 of the Official Records of Brazos County (O.R.B.C.) mad being mom particularly described by metes and bounds as falSoas BEGINNING: at aa; N22imch hoe rod found for the most uorlhtirty corner of the celled 17,21S acre trod, the east corner of the City of College Station 19.83 ace tract described in Volume 4411, Page 234 doe Brawl County Deed Records (B.C.D.R.) and beint reef asps poi* is the southwest Bee of the 25.00 acre t ect called Tram A. Block 3 of the revised plat onitelmota Place Swims Two as recorded in Volume 939, Pege 795 of the Official Rticaortis of Brazos County (O.R.B.C); Z ENCE: S 49' 01' 03" E dousg that northeast tine of this tract ad the said 23.00 mote tract &s s distance of 330.30 feat to a 1/2-inch Ws rod set far corner, add inns and also sdaalclu * the north comer of the City of College Station 33.00 emu but described last Volumes 692, Page 506 (O.R.B.C.); ThE$CB: 3 42" $9' 43 W for distance of 1048.62 foist along the northwest line otthe raid 3340 acre City hut aid the sa*uthwest tine of the F.M. Arnold et me 30.02 salts remainder trot did in Volume 200, Page 445 (B.CD.R) to s 1/2.inels km rod art for crimes^. THENCI3: *keg the mows bite of the said F.M. Arnold et on 30.02 reminder tract and woad went* wall ibr the fttllvwinng throe (3) Wit: (1) S 4 r a9' 1'f" $ tar s dfsaace on/ 0o feat to 4,1rt•ittob ued ayes the wow; s i x } S 43' or 43" W tars distaste of 10 BO feet to as Wm* ban rod seat foe corms and (3) N 42' 49' 17" W for s: adista stet of 37.110 feet to ar found 5/1-inch iron sod for comer; T D I8 S 41' 05' 43 W continuing Woos the said P.M. Arnold comma lbw for * distance of 34.60 feet to a tl2w1a:ch iron rod set for nurser, 7711/14C'8: S 65' 13' 42" W &loeag the southeast liar of the called 17.215 are tract, et 40.20 feat, pan the west comer of the V.M Ascent 30.02 aces treat and centime for s total distanw of 480.56 feat to an old fence earner found foe corner, said Hoe olio being the a a!thwtst line of as public road cans only caned Muald Road, '1'HENC8: N 47' 29' 51" W for *distance of 317 02 feet aim the eoaxauuou line of this tract and the rortbesst be of the 9.93 acre City of Collet Station tract dcscsibod is Volumes 448, page 230 (B.C. R.) to a 1/2-inch tree rod found for corm, said iron sod also narking the south caner of the City of Collage Station 18.83 caste bract deerairibcd ins Volume 448, Pap 234 (B.C.D.R.); THENCE: N 41' 49' 31•8 far s distance of 1552.521 at slang the soudie eat fiat (timid 18.83 seas tract to the POINT OF BEGINNING and coatalaing 11.215 acres of land, more cc ties,