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HomeMy WebLinkAboutWARRANTY DEEDNOTICE ' ?NFIDENTIALITY RIGHTS "IF YOU ARE A NATURAL PERSON, YOU MAY R TRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT T RS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE P I,IC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER S LICENSE NUMBER." SFECIALF WARRAN Y DEED Date: JUNE , 2013 Grantor: Grantor's Mailing Address: Grantee: Grantee's Mailing Address: Filed for Record in: JOHN A. MALLEY AND JENNIFER B�T0 c/o 6454 LEBLANC PLACE On'. Jun 27x2013 at 04, f p RANCHO PALOS VERDES, CALIFORNIA 90275 As €t SADDLE CREEK PARTNERS, LTD Recordings 3000 BRIARCREST DRIVE, S Tie-W Iu ber: 01161177 BRYAN, TEXAS 77802 Amount 36.00 Consideration: TEN AND NO /100 DOLLARS ($10.00) CASH, AND OTHER VALI I ID��ION $fit Property (including improvements): sitl;e Isoudan TRACT ONE BEING ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE JAMES C. STUTEVILLE LEAGUE, ABSTRACT NO. 216, BRAZOS COUNTY, TEXAS. SAID TRACT BEING A PORTION OF THE REMAINDER OF A CALLED 359.07 ACRE TRACT AS DESCRIBED BY A DEED TO JOHN A. MALLEY AND JENNIFER B. TODD RECORDED IN VOLUME 7427, PAGE 198 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS. SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT A /2 INCH IRON ROD FOUND ON THE NORTHEAST LINE OF THE REMAINDER OF A CALLED 12.0975 ACRE TRACT AS DESCRIBED BY A DEED TO JOHN A. MALLEY AND JENNIFER B. TODD RECORDED IN VOLUME 7427, PAGE 210 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, MARKING THE SOUTH CORNER OF LOT 176, BLOCK 9, SADDLE CREEK SUBDIVISION, PHASE 9, ACCORDING TO THE PLAT RECORDED IN VOLUME 10589, PAGE 17 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS; THENCE: N 60° 35'46" E ALONG THE COMMON LINE OF SAID REMAINDER OF 12.0975 ACRE TRACT AND SAID PHASE 9 FOR A DISTANCE OF 62.50 FEET TO THE SOUTHWEST LINE OF SAID REMAINDER OF 359.07 ACRE TRACT AND THE POINT OF BEGINNING OF THIS HEREIN DESCRIBED TRACT; THENCE: ALONG THE COMMON LINE OF SAID REMAINDER OF 359.07 ACRE TRACT AND SAID PHASE 9 FOR THE FOLLOWING CALLS: N 60 35'46" E FOR A DISTANCE OF 225.26 FEET TO A '/z INCH IRON ROD FOUND; S 32 07'17" E FOR A DISTANCE OF 101.38 FEET TO A/2 INCH IRON ROID FOUND; S 50 25'02" E FOR A DISTANCE OF 109.73 FEET TO A /2 INCH IRON ROD FOUND; S 61 35'22" E FOR A DISTANCE OF 165.45 FEET TO A % INCH IRON ROD FOUND; Y: / /onD \RE\T RAnISACTlONS \SADDLE CREEK PARTNERS \MALLEY =FODD TO SADDLE CREEK re 23.93 ACRES PAGE 1 of 6 N 76 04'53" E FOR A DISTANCE OF 61.02 FEET TO A'' /2 INCH IRON ROD FOUND; N 10 26'34" W FOR A DISTANCE OF 101.71 FEET TO A % INCH IRON ROD FOUND; N 18 39'32" E FOR A DISTANCE OF 229.37 FEET TO THE SOUTHWEST CORNER OF LOT 181, BLOCK 9, SADDLE CREEK SUBDIVISION, PHASE 8 (NOT YET FILED OF RECORD); THENCE. THROUGH SAID REMAINDER OF 359.07 ACRE TRACT AND ALONG THE SOUTHWESTERLY LINE OF SAID FUTURE PHASE 8, FOR THE FOLLOWING CALLS: S 70 36'45" E FOR A DISTANCE OF 509.30 FEET TO A '/2 INCH IRON ROD FOUND; S 62 48'21 11 E FOR A DISTANCE OF 70.00 FEET TO A' / :INCH IRON ROD FOUND; N 27 I t 1'39" E FOR A DISTANCE OF 35.78 FEET TO A %2 INCH IRON ROD FOUND; S 49 44' 1 l " E FOR A DISTANCE OF 312.75 FEET TO A A. INCH IRON ROD FOUND MARKING THE SOUTHEAST CORNER OF SAID FUTURE PHASE 8; THENCE: CONTINUING THROUGH SAID REMAINDER OF 359.07 ACRE TRACT FOR THE FOLLOWING CALLS: S 22 24'09" W FOR A DISTANCE OF 107.89 FEET; S 62 02'16" W FOR A DISTANCE OF 192.10 FEET; S 35 45'41 " W FOR A DISTANCE OF 181.89 FEET; S 10 16' 14" E FOR A DISTANCE OF 189.40 FEET; S 10 50'02" W FOR A DISTANCE OF 108.84 FEET; S 37 37'55" W FOR A DISTANCE OF 54.32 FEET; S 15 47'26" W FOR A DISTANCE OF 68.38 FEET; S 04 37'26" E FOR A DISTANCE OF 111.18 FEET; S 15 26'21 W FOR A DISTANCE OF 60.32 FEET; S 01 ° 16'20" E FOR A DISTANCE OF 108.13 FEET; S 18 13'49" W FOR A DISTANCE OF 89.99 FEET; S 53 59'21 " W FOR A DISTANCE OF 183.53 FEET TO THE COMMON LINE OF SAID REMAINDER OF 359.07 ACRE TRACT AND SAID REMAINDER OF 12.0975 ACRE TRACT; THENCE: ALONG THE COMMON LINE OF SAID REMAINDER OF 359.07 ACRE TRACT AND SAID REMAINDER OF 12.0975 ACRE TRACT FOR THE FOLLOWING CALLS: N 33 29' 17" W FOR A DISTANCE OF 458.21 FEET TO THE BEGINNING OF A CLOCKWISE CURVE HAVING A RADIUS OF 5642.08 FEET, ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 02 22'0 1 " FOR AN ARC DISTANCE OF 233.09 FEET (CHORD BEARS: N 32° 18'17" W - 233.07 FEET) TO THE END OF SAID CURVE; Y; / /MD\MTRANSACTIONS\SADDLE CREEK PARTNERSWALLEY -TODD TO SADDLE CREEK re 2333 ACRES PAGE 2 of 6 S 58 52'44" W FOR A DISTANCE OF 25.00 FEET TO THE BEGINNING OF A CLOCKWISE CURVE HAVING A RADIUS OF 5667.08 FEET; ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 01 47'59" FOR AN ARC DISTANCE OF 178.00 FEET (CHORD BEARS: N 30° 13'17" W - 178.00 FEET) TO THE END OF SAID CURVE; N 29° 19' 17" W FOR A DISTANCE OF 749.15 FEET TO THE POINT OF BEGINNING CONTAINING 23.93 ACRES OF LAND, MORE OF LESS. BEARING SYSTEM SHOWN HEREIN IS BASED ON THE PLAT CALL BEARINGS OF SADDLE CREEK SUBDIVISION, PHASE 9 (10589/17). TRACT TWO ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE JAMES C. STUTEVILLE LEAGUE, ABSTRACT NO. 216, BRAZOS COUNTY, TEXAS. SAID TRACT BEING A PORTION OF THE REMAINDER OF A CALLED 12.0975 ACRE TRACT AS DESCRIBED BY A DEED TO JOHN A. MALLEY AND JENNIFER B. TODD RECORDED IN VOLUME 7427, PAGE 210 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS. SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A '/2 INCH IRON ROD FOUND ON THE NORTHEAST LINE OF SAID REMAINDER OF 12.0975 ACRE TRACT MARKING THE SOUTH CORNER OF LOT 176, BLOCK 9, SADDLE CREEK SUBDIVISION, PHASE 9, ACCORDING TO THE PLAT RECORDED IN VOLUME 10589, PAGE 17 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS; THENCE: N 60° 35'46" E ALONG THE COMMON LINE OF SAID REMAINDER OF 12.0975 ACRE TRACT AND SAID PHASE 9 FOR A DISTANCE OF 62.50 FEET TO THE SOUTHWEST LINE OF THE REMAINDER OF A CALLED 359.07 ACRE TRACT AS DESCRIBED BY A DEED TO JOHN A. MALLEY AND JENNIFER B. TODD RECORDED IN VOLUME 7427, PAGE 198 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS; THENCE: ALONG THE COMMON LINE OF SAID REMAINDER OF 12.0975 ACRE TRACT AND SAID REMAINDER OF 359.07 ACRE TRACT FOR THE FOLLOWING CALLS: S 29 19' 17" E FOR A DISTANCE OF 749.15 FEET TO THE BEGINNING OF A COUNTERCLOCKWISE CURVE HAVING A RADIUS OF 5667.08 FEET; ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 01 47'59" FOR AN ARC DISTANCE OF 178.00 FEET (CHORD BEARS: S 30° 13' 17" E- 178.00 FEET) TO THE END OF SAID CURVE; N 58 52' 44" E FOR A DISTANCE OF 25.00 FEET TO THE BEGINNING OF A COUNTERCLOCKWISE CURVE HAVING A RADIUS OF 5642.08 FEET; ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 02 22'01" FOR AN ARC DISTANCE OF 233.09 FEET (CHORD BEARS: S 32° 18'17" E- 233.07 FEET) TO THE END OF SAID CURVE; S 33 29'17" E FOR A DISTANCE OF 458.21 FEET TO THE SOUTHEAST CORNER OF THIS HEREIN DESCRIBED TRACT; THENCE: S 53° 59' 21" W THROUGH SAID REMAINDER OF 12.0975 ACRE TRACT FOR A DISTANCE OF 87.58 FEET TO A POINT ON THE SOUTHWEST LINE OF SAID REMAINDER OF 12.9075 ACRE TRACT MARKING THE MOST SOUTHERLY CORNER OF THIS HEREIN DESCRIBED TRACT; THENCE: ALONG THE SOUTHWEST LINE OF SAID REMAINDER OF 12.0975 ACRE TRACT FOR THE Y; / /MD \RE\TRANSACTIONS\SADDLE CREEK PARTNERS\MAL,EY•7000 70 SADDLE CREEK re 2323 ACRES PAGE 3 of 6 FOLLOWING CALLS:, N 33 29' 17" W FOR A DISTANCE OF 462.06 FEET TO THE BEGINNING OF A CLOCKWISE CURVE HAVING A RADIUS OF 5729.58 FEET; ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 04 10'00" FOR AN ARC DISTANCE OF 416.67 FEET (CHORD BEARS: N 31° 24'17" W -- 416.57 FEET) TO THE END OF SAID CURVE; N 29° 19' 17" W FOR A DISTANCE OF 749.06 FEET TO THE POINT OF BEGINNING CONTAINING 2.73 ACRES OF LAND, MORE OF LESS. BEARING SYSTEM SHOWN HEREIN IS BASED ON THE PLAT CALL BEARINGS OF SADDLE CREEK SUBDIVISION, PHASE 9 (10589/17). Reservations from and Exceptions to Conveyance and Warranty: This conveyance is made and accepted subject to any and all covenants, restrictions, easements, right -of -way, mineral or royalty reservations, and /or conveyances, and mineral leases, if any, in Grantor's chain of title, applicable to and enforceable against the above described property, to the extent, and only to the extent, that the same may still be in force and effect, shown of record in the office of the County Clerk of BRAZOS County, Texas. 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 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, by, through, or under Grantor, but not otherwise. Current ad valorem taxes on the property having been prorated, the payment thereof is assumed by Grantee. When the context requires, singular nouns and pronouns include the plural. (SIGNATURES AND ACKNOWLEDGEMENTS FOLLOWING ON NEXT PAGES Y! / /MD \RE\TRANSACTIONS \SADDLE CREEK PARTNERS\MALLEV ?ODD TO SADDLE CREEK re 2393 ACRES PAGE 4 of 6 JOHN A. MALLEY THE STATE OF CALIFORNIA COUNTY OF ON a u ?� �? i 2013, before ine, a Notary Public, personally appeared JOHN A. _ MALLEY, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the persons, or the entity upon behalf of which the person acted, executed the -� . �.s instrument. a� 1AYAN P. G HE.f.rM CON .4 420"'11 1 certify under PENALTY OF PERJURY under the laws - GabrniB Notary � Pabuc ,a of the State of California that the foregoing paragraph is true and RfVEf_SZ_ G1 �1yCorrm;�sfonr3�sr�� Eac.31.2?46 correct. WITNESS my hand and official seal Signature Signature of Notary Public Place Notary Seal Above Y: / /MD \RE\TRANSACT1CNS \SADDLE CREEK PARTNERS \MALLEY -TODD TO SADDLE CREEK re 23.93 ACRES PAGE 5 of 6 6 NNIFER . ODD THE STATE OF CALIFORNIA COUNTY OF 0 ON - ' :T Ae , 2 3 1 2013, before me, P- V V Pl e r - ,a Notary Public, personally appeared'JENNIFER B. TODD, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me th�he executed the same in k>rs capacity, and that by h4; signature on the instrument the persons, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and SEAN ANGIER correct. comm. #1875700 N OT COUNTYOFO AN' ERNik WITNESS my hand and official seal My Comm. Expires January 3, 2014 T r� Signature Signature of Notary P tc Place Notary Seal Above PREPARED IN/ RETURN TOTHE LAW OFFICE OF: J. FRED BAYLISS, P. C. 3000 BRIARCREST DRIVE, SUITE 302 BRYAN, TEXAS 77802 Y: / /MD \RE\TRANSACTIONS \SADDLE CREEK PARTNERS \MALLEY -TORO TO SADDLE CREEK re 23.93 ACRES PAGE 6 of 6 Aggieland Title Company GF# 29969 EXAMINER'S REPORT RECORD TITLE AT THE EFFECTIVE DATE HEREOF APPEARS TO BE VESTED IN John A. Malley and Jennifer B. Todd THE LAND REFFERRED TO IN THIS REPORT IS DESCRIBED AS FOLLOWS METES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE JAMES C. STUTEVILLE LEAGUE, ABSTRACT NO. 216, BRAZOS COUNTY, TEXAS. SAID TRACT BEING A PORTION OF THE REMAINDER OF A CALLED 359.07 ACRE TRACT AS DESCRIBED BY A DEED TO JOHN A. MALLEY AND JENNIFER B. TODD RECORDED IN VOLUME 7427, PAGE 198 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, AND A PORTION OF THE REMAINDER OF A CALLED 12.0975 ACRE TRACT AS DESCRIBED BY A DEED TO JOHN A. MALLEY AND JENNIFER B. TODD RECORDED IN VOLUME 7427, PAGE 210 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS. SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A '/2 INCH IRON ROD FOUND ON THE NORTHEAST LINE OF SAID REMAINDER OF 12.0975 ACRE TRACT MARKING THE SOUTH CORNER OF LOT 176, BLOCK 9, SADDLE CREEK SUBDIVISION, PHASE 9, ACCORDING TO THE PLAT RECORDED IN VOLUME 10589, PAGE 17 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS; THENCE: ALONG THE COMMON LINE OF SAID REMAINDER OF 12.0975 ACRE TRACT, SAID REMAINDER OF 359.07 ACRE TRACT AND SAID PHASE 9 FOR THE FOLLOWING CALLS: N 60 35'46" E FOR A DISTANCE OF 287.76 FEET TO A %2 INCH IRON ROD FOUND; S 32 07' 17" E FOR A DISTANCE OF 101.38 FEET TO A'' /2 INCH IRON ROD FOUND; S 50 25'02" E FOR A DISTANCE OF 109.73 FEET TO A' /2 INCH IRON ROD FOUND; S 61 35'22" E FOR A DISTANCE OF 165.45 FEET TO A'' /2 INCH IRON ROD FOUND; N 76 04'53" E FOR A DISTANCE OF 61.02 FEET TO A' /2 INCH IRON ROD FOUND; N 10 2634" W FOR A DISTANCE OF 101.71 FEET TO A' /2 INCH IRON ROD FOUND; 3740 Copped eld Drive, Suite 101 • Bryan, Texas 77802 Phone (979) 731 -8400 • FAX (979) 731 -8408 GF# 29969 N 18 39'32" E FOR A DISTANCE OF 229.37 FEET TO THE SOUTHWEST CORNER OF LOT 181, BLOCK 9, SADDLE CREEK SUBDIVISION, PHASE 8 (NOT YET FILED OF RECORD); THENCE: THROUGH SAID REMAINDER OF 359.07 ACRE TRACT AND ALONG THE SOUTHWESTERLY LINE OF SAID FUTURE PHASE 8, FOR THE FOLLOWING CALLS: S 70 36'45" E FOR A DISTANCE OF 509.30 FEET TO A %2 INCH IRON ROD FOUND; S 62 48'21 " E FOR A DISTANCE OF 70.00 FEET TO A 1 /2 INCH IRON ROD FOUND; N 27 11'39" E FOR A DISTANCE OF 35.78 FEET TO A 1 /2 INCH IRON ROD FOUND; S 49 44' 11" E FOR A DISTANCE OF 312.75 FEET TO A 1 /2 INCH IRON ROD FOUND MARKING THE SOUTHEAST CORNER OF SAID FUTURE PHASE 8; THENCE: CONTINUING THROUGH SAID REMAINDER OF 359.07 ACRE TRACT FOR THE FOLLOWING CALLS: S 22 24'09" W FOR A DISTANCE OF 107.89 FEET; S 62 02'16" W FOR A DISTANCE OF 192.10 FEET; S 35° 45'41 " W FOR A DISTANCE OF 181.89 FEET; S 10 16'14" E FOR A DISTANCE OF 189.40 FEET; S 10 50'02" W FOR A DISTANCE OF 108.84 FEET; S 37 37' 55" W FOR A DISTANCE OF 54.32 FEET; S 15 47'26" W FOR A DISTANCE OF 68.38 FEET; S 04 3726" E FOR A DISTANCE OF 111.18 FEET; S 15 26'21" W FOR A DISTANCE OF 60.32 FEET; S 01° 16'20" E FOR A DISTANCE OF 108.13 FEET; S 18 13'49" W FOR A DISTANCE OF 89.99 FEET; S 53 59'21" W, AT 183.53 FEET PASS THE COMMON LINE OF SAID REMAINDER OF 359.07 ACRE TRACT AND SAID REMAINDER OF 12.0975 ACRE TRACT, CONTINUE ON FOR A TOTAL DISTANCE OF 271.11 FEET TO A POINT ON THE SOUTHWEST LINE OF SAID REMAINDER OF 12.9075 ACRE TRACT MARKING THE MOST SOUTHERLY CORNER OF THIS HEREIN DESCRIBED TRACT; AGGIELAND TITLE COMPANY Page 2 GF# 29969 THENCE: ALONG THE SOUTHWEST LINE OF SAID REMAINDER OF 12.0975 ACRE TRACT FOR THE FOLLOWING CALLS: N 33 29' 17" W FOR A DISTANCE OF 462.06 FEET TO THE BEGINNING OF A CLOCKWISE CURVE HAVING A RADIUS OF 5729.58 FEET; ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 04 10'00" FOR AN ARC DISTANCE OF 416.67 FEET (CHORD BEARS: N 31° 24' 17" W - 416.57 FEET) TO THE END OF SAID CURVE; N 29° 19' 17" W FOR A DISTANCE OF 749.06 FEET TO THE POINT OF BEGINNING CONTAINING 26.66 ACRES OF LAND, MORE OF LESS. AGGIELAND TITLE COMPANY Page 3 GF# 29969 RESTRICTIVE COVENANTS: None SCHEDULE B EXCEPTIONS a. Easements or claims of easements which are not recorded in the public records of Brazos County, Texas. b. Blanket Easement granted to Wellborn Water Supply Corporation by J. C. Wade as set out in instrument dated August 17, 1971, recorded in Volume 303, page 385 of the Deed Records of Brazos County, Texas. C. Royalty interest in all of the oil, gas and other minerals in and under the herein described property assigned to Kenneth M. Robison by Louise Wade, individually and as Executrix of the Estate of J. C. Wade and as Trustee /Guardian, Eugene Wade, individually and as Trustee /Guardian, and AnnaBelle Wade, individually in instrument dated July 7, 1983, recorded in Volume 601, page 417 of the Official Public Records of Brazos County, Texas. Title to this interest not investigated subsequent to date of said instrument. d. Mineral Reservation as set out in deed dated June 30, 2006 from Minnie Louise Wade aka Louise S. Wade and Annie Belle Wade to John A. Malley and Jennifer B. Todd, recorded in Volume 7427, page 198, Official Public Records of Brazos County, Texas. Title to this interest not investigated subsequent to date of said instrument. e. Estate created by oil, gas and mineral lease granted to Peter Paul Petroleum Company by Louise Wade, individually and as Executrix of the Estate of J. C. Wade and as Trustee /Guardian; Eugene Wade, individually and as Trustee /Guardian; and Annabelle Wade, individually by instrument dated July 1, 1983, recorded in Volume 604, page 437 of the Official Public Records of Brazos County, Texas, and all terms, conditions and stipulations contained therein. Title to this lease has not been investigated subsequent to date thereof. f. Estate created by oil, gas and mineral lease granted to Union Pacific Resources Company by Louise S. Wade, Annie Belle Wade, Steven Ray Wade, Bradley C. Wade, Richard Eugene Wade, individually and as -trustee for Laura Audnette Wade by instrument dated July 31, 1990, recorded in Volume 1209, page 244 of the Official Public Records of Brazos County, Texas, and all terms, conditions and stipulations contained therein. Title to this lease has not been investigated subsequent to date thereof. Said lease ratified in instrument dated December 1, 1993, recorded in Volume 1978, page 143 of said Official Public Records. AGGIELAND TITLE COMPANY Page 4 GF# 29969 g. Corrected Memorandum of Oil, Gas and Mineral Lease dated February 16, 2001, by and between Louise, S. Wade, James Eugene Wade, Annie Belle Wade, Steven Ray Wade, Bradley C. Wade, Richard Eugene Wade, Laura Audnette Crenshaw and Lometa Petroleum Corporation, recorded in Volume 4313, page 311 of the Official Public Records of Brazos County, Texas. Title to this interest not checked subsequent to date of said instrument. Said lease ratified in instrument dated September 7, 2001, recorded in Volume 4313, page 314 of said Official Public Records. h. Rights of parties in possession. AGGIELAND TITLE COMPANY Page 5 GF# 29969 CURATIVE MATTERS a. Vendor's Lien retained in deed dated June 30, 2006 from Minnie Louise Wade aka Louise S. Wade and Annie Belle Wade to John A .Malley and Jennifer B. Todd recorded in Volume 7427, page 198, securing the payment of one note of even date therewith in the principal sum of $970,000.00, payable to Capital Farm Credit, FLCA, and additionally secured by Deed of Trust of even date therewith executed by John A. Malley and Jennifer B. Todd to Ben R. Novosad, Trustee, said deed of trust filed for record with the County Clerk of Brazos County, Texas on July 5, 2006 and recorded in Volume 7427, page 215 of the Official Public Records of Brazos County, Texas. b. This report does not cover matters of survey, including, but not limited to discrepancies, conflicts or shortages in area or boundary lines or any encroachments or protrusions or any overlapping improvement. C. Standby fees, taxes and assessments have not been investigated. This report is prepared and delivered with the express understanding and agreement, evidenced by the acceptance hereof, that the undersigned is not rendering an opinion as to the title to the land under investigation herein, and while believing its construction of the records as hereinabove set out to be true and correct, still will incur no liability beyond the fee paid for this report by reason of such construction, nor will it be liable for any error or omission of any kind whatsoever. This report is prepared for informational purposes only, exclusively for the party paying the fee. EXAMINE 'S SI�U GNAT Preparation Date: January 16, 2013 Effective Date: January 7, 2013 Effective Time: 07:00 a.m. AGGIELAND TITLE COMPANY Page 6