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Home My WebLink AboutTITLE REPORTBrazos CountyAbstract Company "More Than 140 Years of Title Set- vice" 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 NO. 152281 Title Report Prepared May 23, 2012 for LANDMARK ADVISORS, INC. Attention: MR. WAYNE COTTER 1716 BRIARCREST DRIVE, SUITE 300 BRYAN, TEXAS 77802 Experience Matters Brazos CountyAbstract Company "More than 140 Years of Title Service" EFFECTIVE DATE: May 21, 2012 at 8:00 a.m. GF NO. 152281 PROPERTY DESCRIPTION: Being all that certain lot, tract or parcel of land lying and being situated in Brazos County, Texas and being Lot One (1), RANDALL'S UNIVERSITY PARK, an addition to the City of College Station, Texas, according to amending plat recorded in Volume 2189, page 249, Official Records of Brazos County, Texas. TITLE APPEARS TO BE VESTED IN: UIRT INVESTORS, L.P. by Assumption Warranty Deed from UIRT/University Park - LP dated September 29, 2000, recorded in Volume 3945, page 311, Official Records of Brazos County, Texas. SUBJECT TO: I. LIENS: Deed of Trust, Assignment of Leases and Rents and Security Agreement dated July 26, 2005, executed by UIRT Investors, L.P. to Peter S. Graf, Trustee, securing one note of even date payable to CIBC Inc., in the principal amount of $7,300,000.00, recorded in Volume 6824, page 1, Official Records of Brazos County, Texas. Assignment of Deed of Trust, Assignment of Leases and Rents and Security Agreement from CIBC Inc to Wells Fargo Bank, N. A., as Trustee for the Registered Holders of J. P. Morgan Chase Commercial Mortgage Securities Corp., Commercial Mortgage Pass - Through Certificates, Series 2005 CIBC13, dated November 29, 2005, recorded in Volume 7307, page 85, Official Records of Brazos County, Texas. Assignment of Leases and Rents from UIRT Investors, L.P. to CIBC Inc., dated July 26, 2005, recorded in Volume 6824, page 65, Official Records of Brazos County, Texas. Assignment of Assignment of Leases and Rents from CIBC Inc. to Wells Fargo Bank, N.A., as Trustee for the Registered Holders of J. P. Morgan Chase Commercial Mortgage Securities Corp., Commercial Mortgage Pass - Through Certificates, Series 2005 CIBC13, dated November 29, 2005, recorded in Volume 7307, page 89, Official Records of Brazos County, Brazos CountyAbstTact Company "More than 140 Years of Title Service" Texas. Financing Statement for fixtures - UIRT Investors, L.P. to CIBC Inc., filed July 27, 2005, recorded in Volume 6824, page 75, Official Records of Brazos County, Texas, and continued in instrument recorded in Volume 9525, page 191, Official Records of Brazos County, Texas. Assignment of Financing Statement from CIBC Inc. to Wells Fargo Bank, N.A., as Trustee for the Registered Holders of J. P. Morgan Chase Commercial Mortgage Securities Corp., Commercial Mortgage Pass - Through Certificates, Series 2005 CIBC13, dated May 9, 2006, recorded in Volume 7307, page 93, Official Records of Brazos County, Texas. 2. ABSTRACT OF JUDGMENT/FEDERAL AND /OR STATE LIENS: NONE OF RECORD 3. EASEMENTS: Easements and building lines as shown of record on amending plat of Randall's University Park, recorded in Volume 2189, page 249, Official Records of Brazos County, Texas. Easement from Ed Putz to City of Bryan, dated April 23, 1937, recorded in Volume 98, page 220, Deed Records of Brazos County, Texas. Easement from Tenneco Realty, Inc. to City of College Station, dated April 19, 1978, recorded in Volume 399, page 101, Deed Records of Brazos County, Texas. Sewer Easement from Tenneco Realty, Inc. to City of College Station, dated July 18, 1978, recorded in Volume 402, page 285, Deed Records of Brazos County, Texas. Easement Agreement by and between Culpepper Properties, Inc., et al to First National Bank of Bryan, dated January 4, 1988, recorded in Volume 1022, page 670, Official Records of Brazos County, Texas, as partially released and modified by instrument recorded in Volume 2300, page 161, Official Records of Brazos County, Texas. Easement and Right of Way from UIRT/University Park - I, L.P. to GTE Southwest Incorporated, dated December 28, 1994, recorded in Volume 2276, page 140, Official Records of Brazos County, Texas. Brazos CountyAbstract Company "More than 140 Years of Title Service" Easement from UIRT/University Park - I, L.P. to Enserch Corporation, dated November 23, 1994, recorded in Volume 2279, page 304, Official Records of Brazos County, Texas. Terms and conditions contained in Agreement Pertaining to Access and Storm Sewer Easements and Detention Pond by and between UIRT/University Park - I, L.P., and First National Bank of Bryan, dated February 21, 1994, recorded in Volume 2300, page 161, Official Records of Brazos County, Texas, subject to Acknowledgment of Non- Merger of Access Easement recorded in Volume 6104, page 266, Official Records of Brazos County, Texas. 4. OUTSTANDING MINERALS AND /OR ROYALTIES: Mineral reservation in Deed from Tenneco Realty, Inc. to JAC Developers, Inc., dated December 1, 1980, recorded in Volume 468, page 215, Deed 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 First Bank & Trust to Culpepper Properties, Inc., dated December 23, 1983, recorded in Volume 635, page 771, Official Records of Brazos County, Texas. 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 Tenneco Realty, Inc. to James O. Crowell, Trustee, dated April 29, 1993, recorded in Volume 1783, page 126, Official Records of Brazos County, Texas. Title to this lease has not been traced subsequent to the date of the above -cited instrument. 6. RESTRICTIONS: Restrictive covenants recorded in Volume 2189, page 249 (on plat), Official Records of Brazos County, Texas. 7. TAXES: NO SEARCH MADE 8. MISCELLANEOUS: Terms and conditions contained in Memorandum of Lease by and between Randall's Properties, Inc., and Randall's Food Markets, Inc., dated August 3, 1992, recorded in Volume 1569, page 133, Official Records of Brazos Brazos CountyAbstract company "More than 140 Years of Title Service" County, Texas, as amended by instrument recorded in Volume 1768, page 172, Official Records of Brazos County, Texas, subject to Special Warranty Assignment and Assumption of Lease Contracts recorded in Volume 2972, page 253, Official Records of Brazos County, Texas; and Special Warranty Assignment and Assumption of Sublease and License Contracts recorded in Volume 2972, page 263, Official Records of Brazos County, Texas. Terms and conditions contained in Cross Parking Agreement by and between First Bank of Snook and E. F. O. Holdings, Inc., dated December 28, 2006, recorded in Volume 8049, page 136, 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 LANDMARK ADVISORS, INC.. THIS SEARCH HAS 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 PREMIUM. BRAZO C ,UNTY ABSTRACT COMPANY BY: E LISA KEMP