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Home My WebLink AboutTITLE REPORTBrazos CountyAbstract Company "More Than 140 Years of Title Service" P.O. Box 4704 Phone: (979) 731 -1900 3800 Cross Park Drive Bryan, Texas 77805 -4704 Fax: (979 713 -8352 Bryan, Texas 77802 BCAC GF N4.153590 Title Report Prepared March 28, 2013 for MS. VICKI HILLERT Experience Matters Brazos CountyAbstxact Company "More than 140 Years of Title Service" EFFECTIVE DATE: March 27, 2013 at 8:00 a.m. GF NO. 153590 PROPERTY DESCRIPTION: Being all those certain lots, tracts or parcels of land lying and being situated in Brazos County, Texas and being Lots Sixteen (16), Sixteen -A (16A), Seventeen (17) and Seventeen -A (17A), Block Two (2), CASTLEGATE SUBDIVISION, SECTION 2, PHASE 2, an addition to the City of College Station, Texas, according to amending plat recorded in Volume 5720, page 201, Official Records of Brazos County, Texas, TITLE APPEARS TO BE VESTED IN: GREENS PRAIRIE INVESTORS, LTD. SUBJECT TO: 1. LIENS: Deed of Trust dated March 18, 2003, executed by Greens Prairie Investors, Ltd. to Timothy N. Bryan, Trustee, securing one note of even date payable to The First National Bank of Bryan, in the principal amount of $56,900.00, recorded in Volume 5183, page 137, Official Records of Brazos County, Texas. (Affects Lots 16 and 16A) 2. ABSTRACT OF JUDGMENT /FEDERAL AND /OR STATE LIENS: NONE OF RECORD 3. EASEMENTS: Easements, or claims of easements, which are not recorded in the public records. Easements as shown of record on amending plat of Castlegate Subdivision, Section 2, Phase 2, recorded in Volume 5720, page 201, Official Records of Brazos County, Texas. is is Brazos CountyAbstxact Company "More than 140 Years of Title Service" 4. OUTSTANDING MINERALS AND /OR ROYALTIES: 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. Royalty reservation in Deed from Robert B. Waltman, et ux to Timothy J. Crowley, dated January 24, 1992, 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. Mineral reservation in Deed from Timothy J. Crowley to Greens Prairie Investors, Ltd., dated August 17, 2000, recorded in Volume 3905, page 55, Official Records of Brazos County, Texas; subject to terms, conditions and stipulations contained in Waiver of Surface Use contained therein. Title to this reservation has not been traced subsequent to the date of the above - cited instrument. 5. OIL & GAS LEASES: Estate created by Oil and Gas Lease from Edith Cavitt Estate, et al to Cayuga Exploration, Inc., 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. 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, pages 837 and 839; Volume 1220, pages 311, 313, 315 and 317, and Volume 1667, page 42, Official Records of Brazos County, Texas; as amended and extended in instruments recorded in Volume 1673, page 276; 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. Title to this lease has not been traced subsequent to the dates of the above -cited instruments. Brazos CountyAbstxact Company "More than 140 Years of Title Service" 6. RESTRICTIONS: Restrictive covenants recorded in Volume 4090, page 88, Volume 4358, page 24, Volume 4414, page 188, Volume 4839, page 238, Volume 5355, page 183, Volume 6259, page 239, Volume 6622, page 204, Volume 7006, page 119, Volume 7218, page 140, Volume 7354, page 137 and Volume 7882, page 188, Official Records of Brazos County, Texas. 7. TAXES: NO SEARCH MADE 8. MISCELLANEOUS: The terms, conditions and stipulations contained in the Declaration of Covenants, Conditions and Restrictions, executed by Greens Prairie Investors, Ltd., dated March 12, 2001, recorded in Volume 4090, page 88 and amended in Volume 4358, page 24, Volume 4414, page 188, Volume 4839, page 238, Volume 5355, page 183, Volume 6259, page 239, Volume 6622, page 204, Volume 7006, page 119, Volume 7218, page 140, Volume 7354, page 137, Volume 7882, page 188 and management certificate recorded in Volume 9520, page 211, Official Records of Brazos County, Texas. Maintenance charge as set forth in the Declaration of Covenants, Conditions and Restrictions, executed by Greens Prairie Investors, Ltd., dated March 12, 2001, recorded in Volume 4090, page 88, Volume 6622, page 204, Volume 7006, page 119, Volume 7218, page 140, Volume 7354, page 137 and Volume 7882, page 188, Official Records of Brazos County, Texas. 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 or not. There may be leases, grants, exceptions or reservations of mineral interests that are not listed. THIS TITLE REPORT IS ISSUED WITH THE EXPRESS UNDERSTANDING, EVIDENCED BY THE ACCEPTANCE OF SAME THAT THE UNDERSIGNED, BRAZOS COUNTY ABSTRACT COMPANY 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 FOUND OF RECORD PERTAINING TO SAID PROPERTY, AND IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT THIS TITLE REPORT IS NEITHER A GUARANTY NOR WARRANTY OF THE TITLE. BY ACCEPTANCE OF THIS TITLE REPORT IT IS UNDERSTOOD THAT THE LIABILITY OF THE ISSUER HEREOF IS EXPRESSLY LIMITED TO THE ACTUAL MONETARY CONSIDERATION PAID FOR SAID REPORT BY MS. VICKI HILLRRT. THIS SEARCH HAS *Brazos CountyAbstract Company "More than 140 Years of Title Service" BEEN LIMITED TO THE ABOVE MATTERS AND THE ABOVE TIME PERIOD; AND WE HAVE NOT SEARCHED FOR, NOR HAVE 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 NOT PROVIDED BY THIS REPORT, IS NEEDED, SAID COVERAGE IS AVAILABLE THROUGH THE APPLICABLE PROMULGATED POLICY(IES), AND AT A SPECIFIED RATE PRE MIUM. BRAZOS COUNTY ABSTRACT COMPANY BY: 6 LISA KEMP 03/18/2010 10:20 FAX 9796901041 CASTLEGATE R005/008 MANAGER'S CERTIFICATE I the undersigned, Manager of GREENS PRAIRIE ASSOCIATES, LLC, a Texas limited liability company (the "Company ") do hereby certify that: (i) the Company is duly organized and existing under the laws of the State of Texas and is authorized to do business in the State of Texas; that all franchise and other taxes required to maintain its company 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 Organization or for its dissolution, voluntarily or involuntarily; that it is fully qualified and in good standing to do business in all jurisdictions in which the nature of its business requires it to be qualified; that there is no provision of the Articles of Organization or Regulations of the Company limiting the power of the Members to pass the Resolutions set forth below; (ii) GREENS PRAIRIE ASSOCIATES, LLC, is the sole general partner of GREENS PRAIRIE INVESTORS, LTD. (the "Partnership "), and that GREENS PRAIRIE INVESTORS LTD., is a limited partnership duly organized and existing under the laws of the State of Texas and is authorized to do business in the State of Texas; and (iii) on the 0 day of January, 2007, by written consent of the Manager(s) of the Company, the following resolutions were unanimously adopted and recorded in the minutes of the books of said Company kept by the Company and are in accord with and pursuant to the Articles of Organization and Limited Liability Company Agreement of the Company and are now in full force and effect, to -wit RESOLVED, that WALLACE PHILLIPS, DAWN PHILLIPS and VICKI HILLERT, acting individually, be, and are hereby authorized, empowered, and directed to execute, acknowledge, and deliver on behalf of the Company, as the general partner of the Partnership, such contracts, assignments, affidavits, deeds, deeds of trust, financing statements, security agreements, and other instruments, containing any terms and conditions that they may, in their sole discretion, deem necessary or desirable in connection with all property now owned or hereafter acquired by the Partnership, located in Brazos County, Texas; and the attestation by the Secretary of the Company and the affixation of the seal of the Company shall not be necessary; RESOLVED FURTHER, that WALLACE PHILLIPS (being one and the same person as WALLACE S. PHILLIPS, III), the Manager of the Company, is directed to certify the Minutes of this meeting and the contents of these resolutions and to deliver such certification in support of the authority of the above officers to act, individually, on behalf of the Company. I further certify that the following are the duly elected and incumbent manager and officers of the Company and that the true and correct signatures of the individuals authorized to act on behalf of the Company are as set forth beside his or her name: 113/18/2010 10:20 FAX 9796901041 CASTLEGATE Q006/006 PRINT NAME WALLACE PHILLIPS DAWN PHILLIPS VICKI HILLERT TITLE Manager /President Vice President /Secretary Vice President WALLACE PHILLIPS, Manag of GREENS PRAIRIE ASSOCIATES, LLC, a Texas limited liability company THE STATE OF TEXAS § COUNTY OF BRAZOS § +/7k- This instrument was acknowledged before me on this the -':) day of March, 2010, by WALLACE PHILLIPS, Manager of GREENS PRAIRIE ASSOCIATES, LLC, a Texas limited liability company, on behalf of said company. BEVERLEY STONE 1•: MV COMMISSION EXPIRES Notary Public, State of Te as ✓sa p fir October 4, 2012 � N