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HomeMy WebLinkAboutCollege Hills Woodlands Abstract of Title from Richard Carter Survey (07-09-1940) • 7 • 1 ABSTRACT OF TITLE TO COLLEGE HILLS WOODLANDS, a subdivision of part of a 200 acre tract of land in the Richard Carter Survey, Abstract No. 8, Brazos County, Texas, conveyed to College Hills Company by Mrs. Minnie Dansby, etals. FOR COLLEGE HILLS COMPANY COLLEGE STATION, TEXAS PREPARED July 9th,1940 BY BRAZOSCOUNTY ABSTRACT COMPANY, INC., BRYAN, TEXAS NO. 2898 1 - I- N- D -E -X- Kind of Abst. Grantor Grantee Instrument - b ook -Page- Record -Page Title Page 1 Index 2 Plat & Field Notes of hichard Carter Survey 1 33....Sury 3 1 State of Coahuila & Texas...Richard Carter Grant 99...245...Deed 4 Estate of Richard Carter, Dec'd Ap- lics.tion ..... E....380...Prob 7 Will....... .E....313...Prob 7 Proof of Wi11...C....177...Prob 11 Decree ..... C....176...Prob 11 iilie Reed Phebe A.,;. McCulloch Mar.Lic...B....13...M /R 12 Mary Reed, etals Evaline Burton etals Decree....F....374...CMDC 13 Mary Reed & Others Evaline Burton etals Report....F....380...CMDC 14 Abstracter's Note 17 Wilson Reed, Jr Mrs. P.A.L. Reed Deed......T....312...Deed 18 Guardianship of Mary & Stephen Reed, Minors ...pplic ...... G....259...Prob 20 Notice ..G....260...Prob 20 Decree ...... E....31....Prob 21 Bond G 260...Prob 21 Decree...... E....40....Prob 22 Comm.Appt...E....40....Prob 22 Inventory..G....351...Prob 23 Receipt •'....593...Prob 24 Decree......H....593...Prob 24 Decree..... E....48....Prob 25 Final Acct..I....36....Prob 25 Geraldine Kelly F A E Reed, etal Decree....F....480...CMDC 26 T.B. Collins P A E Reed bar.Lic....E....27....M/R 27 Geraldine Kelly Mrs. P.A.E. Reed, e tal...heport...F....480...CiDC 28 C. Mitchell Miss Mary Reed Isar .Lic....G....85....M/R 30 Stephen Reed etal Mary Mitchell, e tal ....Decree ..... H....16....CMDC 31 Stephen Reed Mary Mitchell, e tal ....Decree.....H....37....CMDC 33 T.B. Collins, Commr Claud 1 -itchell Com.Deed...8....610...Deed 34 Claude Mitchell etux....Frank Vavra Deed....... 8....612...Deed 36 Claude Mitchell Frank Vavra Release ....1....362...Release...38 •'rank Vavra etux H P Dansby Deed 53...518...Deed 39 Frank Vavra Chas. Gorzycki Trf 53...561...Deed 42 Chas. Gorzycki Mrs. W.T. Goode Trf 53...560...Deed 43 Ljrs. Florence Cavitt LT oode....Robt.Armstrong...P /A 54...167...Deed 45 Mrs. W.T. Goode H P Dansby Release ....9....208...R'elease...47 Frank Vavra 4.P. Dansby Release....9....210...Rel 49 T.B. Collins etux James Cooper Deed ....... X....69....Deed 50 James Wincentz Kapczynski....Deed 11...639...Deed 52 Wincentz Kapczynski James Cooper Deed 14....67...Deed 54 JamesCooper Wincentz Kapczynski....Rel 3 525...Rel 56 James Co -per H P Dansby Deed 33...610...Deed 57 James Cooper H P Dansby Re]c ase.....5...277...Rel 59 H.P. Dansby Humble Pipe Line Co....h /W 49...19....Deed 60 H.P. Dansby J N. Goodwin, etal, Tr..OGL 56...61....Deed 61 J.N. Goodwin, etal, Tr T he 2 Rivers Oil Co.Assn .56...315...Deed 64 The 2 Rivers ail GO ..... H.P. T 'ai sby Release ....10...367...Delease...66 H.P. Dansby Roy Nunn OGL 65...180...Deed 68 Roy Nunn H.P. Lansby $elease....15...240...Re1 72 H.P. Dansb , Dec'd 1 86....D /R 73 J. Sidney Smith, etals... Public Affid 100..83....Deed 74 Rudolph Vavra The .eublic Affid 100..34....Deed : 75 Victoria Dominik The Public Affid 100..30....Deed 76 Plat 79 ' ` - I- N- L -E -X- Kind of Abst. Grantor Grantee Instrument- Hook - Page- Record_-Page Mrs. M. Daasby College Hills Co Deed 101...511...Deed 80 College Hills Co Mrs. Dansby D/T 10....500...D /T 82 College Hills Co The public Resol 104...2..... Deed 86 College Hills Co The Public Plat&Dedic..104..3....Deed 87 College Hills Co The Public Rest 104....4....Deed 89 Abstracter's Certificate 93 PLAT AND FIELD NOTES OF RICHARD CARTER SURVEY. Brazos County.Tera • rtf ••, N 1 - i Nt; J «1 (�; T k \ • 1 fi.p ?'cif �/ � �, 1� ' 4 \ HO \ 1oe, t t Scvrr Nt 3 < E: ' 4o " W.- Tv the iiyCh Recorded in Volume 1, page 33, Survey Records, Brazos County, Texas. I concede in possession to Richard Carter one league of land which land has been surveyed by the Surveyor, Horatio Chriesman previously appointed for the purpose under the fol- lowing situation and lines: Situated upon what is called Saline Creek to the East of the River Brazos and above the Lababia Road and is known as the league No. 5 and BEGINNING at the Northern corner of the league No. 4 which is a landmark dis 10 vs from a Red Oak bearing N 49 W and another bears S 50 W 12 vs from other THENCE on a line N 45 W and at 2020 vs crossed a Creek at 2460 crossed the aforesaid Saline Creek 240 vs crossed the same Creek again 280 vs more set another stake for the Northern corner of this league from which a Hickory bears S 13 W 4 vs and a Red Oak bears S 27 E 5 vs from THENCE S 45 W crossing the aforesaid creek at 40 vs at 1160 more vs crossed another creek at 3300 vs more crossed another creek 500 vs more :et a stake for the Western corner, from THENCE S 45 E 5000 vs to where intersected the Western corner of said league No. 4 from which a Black Jack bears N 47 "1 18 vs and a Red Oak bears S 72 E 12 vs, from THENCE N 45 E and following the N G1 line of the aforesaid league No. 4 5000 vs to the PLACE OF BEGINNING, THIS league has 5000 vs on each side and an area of 25,000,000 of square varas. The aforesaid land belongs to the arable class in 4/25 parts, and to the pasture class in 21/25 parts. State of Coahuila and Texas GRANT Dated April 30th, 1831 To $ Filed March 3rd, 1939, Recorded in Volume 99, page Richard Carter 245, Deed Records, Brazos County, Texas. THIRD SEAL: TWO REALS Authorized by the State of Coahuila and Texas for the Beinnium of 1828 and 29, 30 and 31. WILLIAMS (RUBRIC) Lord Commissioner: Town of Sam Felipe de I, Richard Carter, a native Austin, March 30 1831, of the United suites of the North To the Agent of Citizen and one of the colonists introduced Empresario Estevan F. by Empresario Austin, before you Austin for him to please with the greatest of respect declare: report on this petition, That my status is that a married adding whether the tract man, that I have entered this is vacant and outside the country with my family for the purpose ten cost leagues. of acquiring land to settle forever, for which end, having the approval ARCINIEGA (Rubric) of said Empresario, I have chosen a league of land, which is situated on a stream called Saline Creek east of the Brazos River and above the Bahia Road, known as League No. 5, wherefore I present myself before you in order that you may be pleased to admit me and give me possession of said league of land, with the understanding that I promise to settle and cultivate it as the law requires, and to fulfill all the other obligations of same. Therefore, I beg you to be pleased to do as I have set forth, for therein I shall receive grace. Town of Austin, March 30, 1831, RICHARD CARTER (Signed) Lord Commissioner: In view of your foregoing decree, I must say that what has been declared by the applicant is true, he is one of the colonists introduced by Lmpresario Austin, he is married and a man of much honor, good habits, and well -known industry and I consider him by law deserving of the grant that ho re- quests. The tract is entirely vacant and outside the ten coast leagues. Town of Austin, March 31, 1831. SAMUEL M. WILLIAMS (rubric) In view of the declaration of Citizen Agent Samuel M. Williams in the foregoing report, I admit this Petition according to law, and order that the tract indicated be surveyed by Sur- veyor (left blank), in order to issue the corresponding title,. Town of Austin, April 1, 1831, MIGL. ARCINIEGA (Rubric) I, Citizen Arciniega Commissioner appointed by the Supreme Government of this State for the distribution and granting of lands and issuing of titles to the new Colonists in the colonization enterprise of Empresario Citizen Estevan F. Austin, outside the ten littoral leagues of the Coast: -4- Whereas, Richard Carter has been received as a colonist in the colonisation enterprise contracted with the Government of the State of Coa }?uila and Texas, by Empresario Estevan F. Austin on June 4, 1825, as appeases on page 1389 of this record book, and whereas said Richard Carter has established that he is married and the rcauisites prescribed by the colonization law of the State of March 24, 1825, are fount in his person; in accordance with said law and the instructions governing me dated September. 4, 1827, and the additional article date April 25, d)f the past year of 1830, and in the name of the State, I grant, concede, and put said x;. chard Carter in real and personal possession of a league of land which tract has been surveyed by the surveyor Horac=.o Chreisman previously appointed for the purpose, with the following situation and boundaries; Situated on the creek called Saline Creek east of the Brazos River and above the Labahia Road, and known as number 5; and from the north corner of number 4, which is a landmark 10 varas distant from a Spanish Oak bearing north 49 west, and another bearing south 50 west 12 varas distant, a line was run north 45 west, and at 2020 varas crossed a little creek, at 2460 at 2460 varas farther crossed said Saline Creek, 240 varas farther crossed the same creek again, 280 varas farther drove another landmark for the north corner of this league, from which a hickory bears south 13° west 4 varas distant, and a Spanish Oak bears south 27° east 5 varas distant; and THENCE SOUTH 45° west ran another line, at 40 varas crossed said creek, 1160 varas f arthbr crossed a little creek, at 3300 varas farther crossed another little creek, 500 varas farther drove another landmark for the west corner; and THENCE South 45° east ran another line 5,000 varas until intersecting the west corner of said league No. 4, from which a black jack bears north 47 west 18 varas distance, and a Spanish Oak bears south 72° east 12 varas distant; and THENCE north 45 east, following the northwest line of said number 4 5,000 varas to the point of beginning. This league has 5,000 on each side and 25,000,000 varas in plane area. Said tract has four -- twenty fifth parts farming land and twenty - one /twenty -fifth parts grazing land, which serves as a qualification for the price that he must pay the State therefor according to ='.rticle 22 of said law under the penalties therein established; it being understood to him that within one year he must construct permanent landmarks at each corner of the tract and that he must settle and cultivate according to the require- ments of the law. Therefore, exercising the powers vested in me by same law and instructions to this end, I issue the present instrument and order that testimonio be made thereof and be delivered to the interested party in order that he may possess and enjoy the land - -he, his children, heirs, and successors, or whoever may have his or their cause or right. Given in the Tovm of San Felipe do .Austin on the thirtieth day of the month of 1�pri1 1831, whereto I sign with witnesses of attendance according to 1ew. Attending Witness: MIGL, ARRCINIEGL (rubric) ROBERT TAYLOR JR (rubric) Attending Witness: testimonio delivered C„C. GIVENS (rubric) May 24, 1831 • • GENERAL L,,ND OFFICE Austin, Texas, F� h, ra'oy C, 1079 I certify that the foregoing three pages contains a correct translated copy cf a ore -league grant to Richard Carter, existing in the Spanish Archives of this office, Vol. 5, pages 1386 -1389. Thomas Sutherland, Spanish Translator I, Bascom Giles, Commissioner of the General Land Office of the State of Texa3, do hereby certify that Thomas Surtheriand, whose signature is subscribed to the foregoing certificate, is the Spanish Translator of this office, duly qualified according to law, and that his official acts, as such, are entitled to full faith and credit. IN TESTIMONY "'HEREOF, i have hereunto set my hand and caused the seal of srid office to be affixed, the day and date first above written. Bascom Giles Commissioner. (SEAL) -C- 4 ESTI�TE CF RICHARD C�'.RT��R DECPASED Application, • Recorded in. Volume E, page 380, Probate Recore 3, Erazos County, Texas. STATE OF TEXAS $ In County Court for Frobete Business etc., BRAZOS COUNTY To May merm, 1663 To the Chief Justice of said County: Your petitioner, William McIntosh, a resident of said County, represents that Richard Carter deceased on the 25th day of November A.D. 1860 at his residence in the aforesaid County previous to his death made, published and declared his last will and testament, in which said last Will and Testament your peti- tioner, William McIntosh, is appointed sole executor and trusted of the same; your petitioner therefore prays that the said last 'rill and Testament of Richard Carter be admitted to probate in your Court, and that your petitioner be appointed Executor and Trustee of the said last Will and Testament of the said Richard Carter, deceased, and that the legal notice be given for a hearing of the case at the next May Term of your Court. May 14th, 1863 Wm. McIntosh Will, Recorded in Volume E, page 313, Probate Records, Brazos County, Texas. THE STATE OF TEXAS COUNTY OF BRAZOS KNOW ALL MEN that I, Richard Carter, of the State and County aforesaid, being of sound disposing mind and menory and being desirous of so arranging my effects as to prevent misunderstanding and dispute after my death, do hereby make, publish and ordain this my last will and testament. 1st: I desire that all my just debts, if I should be owing any to be paid immediately out of any money I may be possed of at the time of my death. 2nd: After the payment of my debts, I give, devise and bequeath to my beloved wife, Elizabeth Carter, during her na- tural life, all of my estate, real, personal and mixed, consist- ing of lands, tenements and appurtenances thereunto belonging, and negroes, stock of all kinds, money, notes, accounts and all property of any kind whatever that may belong to my estate at the time of my death, to be held, controlled, used, enjoyed and possessed by hor, the said Elisabeth Carter, during her life; and immediately after her death I desire all my property above mentioned to be divided among my children and grand- children as follows, to -wit: -7- • • 3rd: After the death of my w3.fe, the slid Elizabeth Carter. I desire that the {'ol1 owing negrocs be given to my daughter, Evaline Burton and imrleaiatcly placed in her possession, to -wit: my negro man, Mel, and his wife, Maria, and their children, viz; Lyla, Allen, Nelson, Jerre, Kelsey, Edmound, Mary and Lotty, and all other of their posterity that may hereafter be born before this bequest shall take effect, and also my orphan nogroes, Malinda, John, Eliza, and Betsey, and all children that may be born to them before this bequest shall take effect. The above mentioned nogroes to be valued by appraisers appointed for that purpose. 4th: after the above mentioned negrocs shall have been taken from my estate, and placed in the possession of my said daughter, Evaline Burton, I wish and desire my executor herein- after to be named, to proceed at the earliest practicable time to sell on a credit of twelve months all my lands, all my re- maining negrocs all stock of every kind and all property what- , ver belonging to rsy estate, to the highest bidder, taking notes with ample security either personal or by mortgage or by both, for the purchase money after giving proper notice of the sale as the law requires in such cases, and in making this sale 'I desire that the family of negrocs, to -wit: Eliza, Phillip, Sallie, Harriet, Sicily, Coz, Amanda and Richmond, and all children that may be born to them before making this sale, shall be sold together to one purchaser so that they man not bo separated. 5th: So soon as my executor shall got the proceeds of the sales of my property into money and good responsible cash notes secured as aforesaid, I wish and hereby direct him to divide the same into three equal moities, the one of which moities he shall distribute in equal portions, to my grand- children, Iilliasa J. Carter, Sam H. Carter, Jossee 1 . Carter and Wiley Carter, children of my son, Wiley Carter, Dec'd or to such of them as may be of age when this bequest shall take effect; and in like manner another of said moities he shall distribute in equal portions to my grandchildren, Geraldine Kelly, Richard C. Reed, Wiley Reed, William Reed, Betty Reed and Wilson Reed, children of my daughter, Mary Ann Reed, Dec'd., or to such of them as may be of age at the time this bequest shall take effect, all to receive share and share alike; and the other of said moities he shall deliver to my daughter, Elizabeth 'Whitmore, now a resident of Salt Lake City, upon the condition that she shall within ten years from the probate of this will become a citizen of Texas or some other state or territory not subject to Mormon government; and in case my daughter, the said Elizabeth Vlhitmoro shall not become a permanelt citizen of some state or territory not under the Mormon govern- ment within ton years from the probate of this will the moity or portion of my estate herein allotted and bequeathed to her shall laps_ as to her and be divided equally between my daughter, Evaline Burton and the children of my son, Wiley Carter, Deceased, and the children of my daughter, Mary •qnn Reed, deceased, in the same manner as is directed in regard to the direct legacy. 6th: In case the negrocs herein bequeathed to my daughter, Evaline Burton, be valued at more than one fourth of my whole es- tate, then I direct my executor to collect from her in money a sufficient sum to equalize the value of her portion with the other three Moities of my estate; then said sum of money shall be added to the said other three moities; but should said nogroes not equal in value one fourth of my whole estate or should Maria and her children be recovered by James McFarland and others in a suit which they have instituted against me for that purpose, then in either case my executor shall make the remaining nogroes bequeathed to my said daughter, Evaline Burton, equal in value to one fourth of my estate by adding money to them taken from the ballance of my estate. -8- 7th: I desire my Executor to pay over to my above named grand children their respective interests in my estate as they shall arrive at lawful age, and not before; and until they shall so arrive at lawful age he shall keep their a"tespective portions together with the portion not delivered to my daughter Elizabeth Whitmore out at interest so that it shall br, fully and safely secured by mortgage or ample personal security or both, until it shall all be des osed of in accordance with the provisions of this Will; and I wish said funds to be anually reinvested as above directed. 8th: 4, nd finally, I hereby nominate, constitute and appoint my true and trusty friend, McIntosh, of said State and County, my Executor and Trustee, reposing full conficence and trust in his ability and integrity in the execution of this my last will and testament. In Testimony whereof I hereunto set my hand in the presence of these subscribing witnesses, this Nov. 25th, .',.C. 1860. Richard Carter Signed, published and declared by the said nichard Carter as his last will and testament in the presence of us, who at the request of said Richard Carter and in his presence and in the presence of each other, have hereunto subscribed our names as witnesses. J.L. Kendall George Carter I, Robert Johnson, do solemnly swear that I am well acquainted with the hand writing of Richard Carter, Decd, the maker of tho annexed instrument of writing or last will and testament, bearing date on the 25th Nov. 1860 that the signature of the said Richard Carter to the said instrument of writing is the genuine signa- ture and hand writing of the said testator. Robt. Johnson Sworn to and subscribed before me in open Court on this the 25th day of May, 1863, to which I certify under my hand and seal of the Hurt onthe day above written. (SEAL) G.B. Reed, C.J.B.Co. I, Harvey Mitchell, do solemnly swear that I am well ac- quainted with the hand writing of Richard Carter, the maker and signer of the hereto annexed instrument of writing or last will and testament, bearing date on the 25th day of Nov. 4^ ,.D. 1860, that the signature of the said Richard Carter to the said last Will and Testament is the genuine signature and hand writing of the said testator. H. Mitchell Sworn to and subscribed before me in open Court on this the 25th day of May, 1863, to which I certify under my hand and seal of the G ourt on the day above written. (SEAL) G. B. Reed, C.J.B.Co. -9- 1 "1e, Thomas J, "Tootten and James N. Guest, do solemnly swear that we are well acquair.ted with the handwriting of James L. Kendall, one of the si bscr,.bing witnesses to the hereto annexed instrument of w7“t.ing or last will and testament of Richard Carter, clec'd., bearing date on the 25th day of Nov. 1860, that the signature of the said James L, Kendall to the said instrument of writing is tnc genuine signature and handwriting of the said witness. T.J. "lootten J.N. Guest Sworn to and subscribed before me in open Court on the 25 day of May, 1633, to which. I certify under my hand and the seal of the Court on the day above written. (SEAL) G.B. Reed, C.J.B.Co. 'le, Nancy Ann Carter and '7illinm McIntosh, do solemnly swear that re are well accuainted with the handwriting of George Carter,one of the subscribing witnesses to the hereto annexed instrument of writing or last will and testament of Richard Carter, dectd., bearing date on the 25 day of Nov.1860, that the signature of the said George Carter to the said instrument of writing is the genuine signature and handwriting of the said witness. N.A. Carter Wm. McIntosh Sworn to and subscribed befT e me in open Court on the 30th day of May 1863, to which I certify under my hand and seal of the Court on the day above written. (SEAL) G.B. Reed, C.J.B.Co. STATE OF TEXAS COUNTY OF BRAZOS KN0W ALL MEV, that I, Richard Carter, of the state and County above written, being feeble in body out of sound mind and desposing memory do hereby make, constitute ordain and publish this as a codicil or supiement to the; last will and test- ament made by me on the 25 day of November, A.D. 1860 and witnes.. sed by J.L. Kendall and George Carter and signed by said witnes- ses in my presence, that is to say: I wish and desire that my executor in my aforesaid last will and testament named shall withhold the negro boy Phillip from the sale wished and desired in the fourth article of my aforesaid last will and testament and shall deliver the said negro boy, Phillip, to my daughter, Evaline Burton, and have the said negro Phillip appraised as required in the third article of my said last will and testament and shall despose of the valuation of the said negro as directed in the sixth article of my said last will and testament. In witness whereof I hereto set my hand in the presence of the subscribing witnesses on this the 21st day of September, A.D. 1862. Richard Carter Witnesses: Wm. C. Boyles William H. Ragsdale I, William H. Ragsdale, do solemnly swear that I was pre- sent and saw Richard Carter sign the hereto annexed instrument of writing or codicil bearing bearing date on the 21st day of September, A.D. 1862, and that '.'Jm. C. Boyles and myself in the -10- presence of the said Richard Carter and of each other signed the said instrument of writing at the request of the said grantor. W.H. Ragsdale. Sworn to and subscribed before -- in open Court on this the 25th day of May, 1863, to which I certify under my hand and seal of the Court on the day above written. (SEAL) G.B. Reed, C.J.B.Co. Richard Carter, Est. of By Probate of °Jill Wm. McIntosh, Executor 0 Proof of 'Will, Recorded in Volume C, page 177, Probate Records, Brazos County, Texas. And now comes into cpen Robert Johnson, and made affidavit in writing proving the eigna'.1 re end hanCwriting of the said Richard Carter, dec'd., effic'avit WE s annexed to the will. This day came into open Court Nancy Ann Carter and Wm. McIntosh, and made affidavit in writing; proving the signature and handwriting of George Carter, decd., one of the subscribing witnesses to the said last will and testament of Richard Carter, deceased, which affidavit was annexed to the said gill. It is thereupon considered by the Court that the said last will and testament of Richard Carter, dec'd., and the codicil to the same are fully preyed according to law, and it is hereby ordered that the said wiLl and codicil together with the affidavits annexed to tale same be recorded in the records of the Co'e a,:d that the corresponding le %tors testamentary issue to lib. McIn'_,esh testa- mentary executor upon his giving the bond and taking the oath prescribed by law. Decree, Recorded in Volume C, page 176, Probate Reccrd$, �3razos County, Texas. This day came on to be examined the petition of Wm. Mc- Intosh praying that the last will and testament of Richard Carter deceased, mie be admitted to Probate at this term of the Court and it ap??eanng to the satisfaction of the Court that the legal notice of the sad application had ben given and nc per.on con- testing the same, it is ordered that the last Will and Testa- ment of Richard Carter, dec'd., be admitted to Probate according to law, and it appearing that the witnesses to the said will are both deceased, whereupon came into open Court Harvey Mitchell, and made affidavit in writing proving the signature and handwrit- ing of the said Richard Carter, dec'd., and also came into open Court T.J. Wootton and James N. Guest and made affidavit in writing proving the signature and hand writing of Jas. L. Kendall, one of the subscribing witnesses to the said willand also came into open Court ,1 m. H. Ragsdale one of the subscribing witnesses to a codicil to the said Will and made affidavit in writing proving the execution of the said codicil according to law, which affidavits were annexed to the said will and codicil, and no other witnesseg, ' being present, the case is continued until Saturday, the 30th, inst., it is ordered that the Clerk of the Court issue a subponea for Nelson W. Rector, requiring him to appear before this Court on the 30th inst. to give his testimony in this case. -11- Wilie Reed MARRIAGE LICENSE Dated November 19, 1866, and Filed Recorded in Volume B, page 123, Phebe A. E. McCulloch 0 Marriage Records, Brazos Co., Texas. BE IT REIJIEMBERED, That on this 19 day of November, 1Pes, tho fol- lowing marriage license was issued, to -wit: TEXAS, TO -WIT: Brazos COUNTY, SS To all Who Shall See These Presents, Greeting: Know ye, that any person legally authorized to celebrate the rites of matrimony is hereby licensed to join in marriage as husband and wife, Wilie Reed and Phebe A. E. McCulloch and for so doing, this shall be his sufficient authority. In Testimony whereof, I David McIntosh, Clerk of the Brazos County Court, hereunto subscribo my name and affix tI.e seal of said Court, this 19th day of November, 1866. (SEAL) Dvid McIntosh, Clerk BE IT FURTHER REMEMBERED, That on this 21st day of November, 1866, the following certificate was filed in my office, to -wit; TEXAS, TO -WIT: Brazos County, This Certifies that I joined in marriage as husband and wife, Wilie Reed and Phebe A. E. McCulloch on the 20th day of November, 1866. G.W. Castles, L.D. To which I cer David McIntosh, Clk. C.C.B.Co, -12- Mary Reed etals No. 1630 Vs Decree, and appointment of commissioners, Dated September Evaline Burton etals 0 8th, 1877, Recorded in Volume F, page 374, Civil Minutes, District Court, Brazos County, Texas, This day came on to be heard tho suit of Mary Reed, etals vs. Evaline Burton, etals, for a partition and distribution of the hereinafter described property. It appearing to the Court that Mary Reed and Stephen Reed, minor plainstiffs in this suit, appear by and a: ?e rep.eesented by their guardian, airs. P.A.E. Reed. It further apps hring ±.b the Co'..ir' that the cita`_:icn to th e defendents in th sett has been served and published as re- quired by law. It further appearing to the ourt that Evaline Burton resides in McLonnan Uounty, cwns a one -third unditrided interest in the hereinafter described lands, money and debts due the Estate of Elizabeth Carter, decea'ed; and that Sam Houston Carter, J. Frank Carter and Wiley Carter, reside in Bell County own a one -third undivided interest in the hereinafter described and that Geraldine Kelly and that Wilson Peed, Jr., and th.t Mary Reed. and Stephen Reed, plainstiffs in said suit, reside in Brazos ounty, own the one -third undivided interest of the lands, money and debts due said Estate as hereinafter described, and that they are entitled to a partition and dis- tribution thereof, therefore it is ordered and decreed by the Court that said application be granted and that H. M'tchell, Hiran Hanover and �J,P. Boyles, E.L. Ward and J.J. Bcrles be and they are hereby appointed commissioners to make a partition and distrib_iti.on of said Estate among said parties of about 2300 acres of land on the headright of Richard Carter in Brazos County and 670 acres, part of the Headright of Sam Burton in McLonnan County described in deed from Sam Burton to Richard Carter, recorded in Book K, page 197, records for Deeds, in McLonnan County, and all money and debts due said Lstate, set- ting apart to each party hereinbefore mentioned his or her interest in said estate as hereinbefore mentioned having regard to quantity and value. Abstractor's Note: On the 14th line above, between the words "described" and "and" the following language: "lands, money and debts due said estate as hereinafter described" is in the original papers in this case but not in the record book. Also on the 16th line above between the words "own" and "the" the word "respectively" is omitted in the record. BRAZOS COUNTY ABSTRACT COMPANY INC Bryan, Texas -13- No. 1630 Mary Reed and others Report of Commissioners & Decree vs. 1 approving same, Record.orl in. volume F, page 380, Evaline Burton and others 3 Civil Minutes, D :Lst.rict court. Brazos county, Texas. This Cause came on to be heard on the report of Commissioners of partition and distribution heretofore filed, and there being ' no execptions to said report and it appearing to be fair and just, it is in all respects confirmed. Said report with the field notes and plat thereto attached is as follows, viz; 1630 - Mary Reed and others vs. Evaline Burton and others. We, the undersigned commissioners, appointed to make partition and distribution of the real and personal estate of Richard Carter and of his wife, Elizabeth Carter, make the following report. Including a note on the Estate of Vim. McIntosh and interest to date of our action March 25th, 1877, and which note was at the time converted into cash, we had before us for dis- tribution Four Thousand one hundred and seven and 68/100 Dollars, which we divided into three equal parts, giving to Evaline Burton one third, or $1369 22- 2/3/100, to the heirs of Wiley Carter, dec'd., who are Sam Houston Carter, J. Frank Carter and Wiley S. Carter, the same amount, $1369 22- 2/3/100 and to the heirs of Mary Ann Reed to -wit: Geraldine Kelly and Wilson Reed, Jr., children of said Mary Ann, and Mary Reed and Stephen E. Reed, grandchildren of said Mary Ann, the same amount $1369- 2/3/100. And we set apart to waline Burton the 676 acres of land in the Sam Burton Hcadright in McLonnan County, the same described in Deed from Sam B urton to xichari Carter, recorded in Book K, page 197, record of deeds for McLennan County also 330 acres in Richard Carter Headright as shown in field Notes hereto attached. We set apart to the said heirs of ti'iley Carter, dec'd., 1131 -3/4 acres as shown by said field notes. And we set apart to the heirs of Mary Ann Reed 8804 acres as shown by said Field notes. %end for more perfect description the plat made by the surveyor is made a part of this report and hereto attached. We regard this partition as giving to the three sets of heirs each one third of the entire estate in value. Respectfully submitted, H. Mitchell J. "1. Boyle E. L. Ward Field notes of three tracts of land, a part of the League granted to Richard Carter, dec'd. Mrs. Evaline Burton's tract 330 acres BEGINNING at the intersection of the S. E. league lime with Carter's Creek which is the East corner of a tract of land now owned by James Cooper originally conveyed by Richard Carter to "Iilson Reed; THENCE running N 45 E 1494 varas with said League line to the East corner of the league; THENCE N45 W 1177 varas with the N. E. league line to a -14- stake from which a post oak 20 inches in diameter bears N 45 E. 3 visas and a Black Jack 10 inches in diameter brs S 25 :' 3 v ^rcs; THENCE S 45 VJ 1606 varas to a pecan marked B 12 in. in dia. from which another pecan 12 in,. in dia brs N 45 W 12 vrs; THENCE down said Creek with the meanders of the same to the BEGINNING. Heirs of Wiley Carter, No. 1 on the Plat, 1131-3/4 acres. BEGINNING at the South corner of a tract of land contain- ing 300 acres originally deeded by Richard Carter Dec'd., to Wm. G. Rector; THENCE running N 45 E 3463 varas to the west corns- of a tract of land containing 18-6/10 acres deeded by the said Carter to S. A. Smith; THENCE N 85 -3/4 E 317 varas with her South line to her East corner on Carter's Creek; THENCE up said Creek with the meanders of the same to the intersection of the S.E. line of a tract of land containing 500 acres with said Creek which tract was originally deeded by the said xichard Carter to Willie Carter which is also the North corner of the said Rector's tract; THENCE N 45 E 830 varas with said line to the said Jillie Carter's East corner on the original N.E. league line; THENCE S 45 E 1628 varas with said line to a stake from which a Post Oak 12 in. in dia brs. S. 25 E 7 varas :and a Post Oak 12 in. in dia brs. S 65 '7 10 vrs; THENCE S 45 W. 5050 varas to a stake and rock in prairie for corner in the original S. W. league line; THENCE N45 '"1 1208 with said line to the BEGINNING. Heirs of Mary = +nn Reed, 8804 acres on the Plat No. 2 BEGIN at the East corner of the foregoing survey (no.1)at a stake in the original N. E. League line from which a post Oak 12 in. in dia brs. S. 25 E. 7 vrs. and a post oak 12 in. in dia. brs. S. 65 W. 10 vrs; THENCE running S 45 ' "1 5050 varas with the S. E. line of the said Lot No. 1 to the South corner of the same in the S. W. League line at a stake and rock in prairie; THENCE S 45 E 1200 varas with said line to the west corner of a tract of land containing 300 acres originally deeded to Mary 'nn Reed by Richard Carter and now owned by James Cooper; THENCE N 45 E 3432 varas with said Cooper's N. 1 1 J. line to his North or upper corner on Carter's Creek; THENCE up said Creek with tho meanders of the same to Mrs. Burton's west corner on said Creek on a pecan marked B 12 in. in dia. from which another pecan 12 in. in dia. brs. N 45 W 12 vrs; THENCE N 45 E 1806 varas with Mrs. Burton's N.W. line to her North corner on the original N.L. league line at a stake -15- t iro ...pp from which a post oak 20 in. in dia. brs. N 45 E 3 vrs and a black jack 10 in. in dia brs. S. 25 E. 3 vrs; THENCE N 45 W 656 varas vTith said line to, the BEGI_NININ'1. March 22nd, 1877 Hiram Hanover, burveyor :Explanations The dotted lines show the land divided. In running N 45 E. the league overruns 50 varas thLt is it measures 505C varas the other way 128 there are to be divided 2347 minus 5 acres equza ?. 2342. To Mrs. Burton 330 acres. To the the heirs of 1131 -3/4 acres. To the heirs -- 880 *. Total 2342 It is therefore ordered, adjudged and decreed by the Court that all the rights and interest of the parties to this suit he and the same are hereby divested and vested so as to give the parties respectively the absolute title to the property, real and personal set apart to them in said report according to the terms thereof. It is further ordered that the Clerk ofi aptli_ca- tion therefor shall issue to the parties copies of this decree for record as muniment of title for which they shall pay the clerk, and the parties are adjudged to pay costs of this cause in proportion to their several interests under this decree for which execution may issue. A/4!'-g '4950 , 1693 v W , /I1e C09 • eg l 4 swz rep,/ rep,/ ? 4 , 4 3 Pia q 300 M oPe5 WM 6 K ec ru , e 4- 3�}4.3 Y e 1 r O (Vo. I) 9' S g , 1 /31 -3/4 acK's _ 5 0 5c , _ -. 2 4 4 3 a 5 (h/a ;.;) l 2 9 0 c ggq, /'-�cee5 / e)G li 1 /32 i Ives. r3ukraN 1 5 6°014, a 330 A 1 t t / 4i �f -16- Abstracter's Note: copy of the foregoing report and decree is also of record in the office of the County Clerk of Drazo3 County, Texas, in Volume S page 79, Decd Records. It is n t repeated here, for the reason that it is an exact copy, rrd is certified to as such by J. C. Gillespie, Clerk of the District Courtin and for Brazos County, Texas. BRAZOS CDUNTY ABSTRACT COMPANY, IN4a, . BRYAN, TEXAS -17- 1 7ilson Rood, Jr., i DLLD Dated December llth, 1879, to Filed December 15th 1879, Recorded in Volume T, page 312, Mrs. P.iL.E. Reed 1 Decd Records, Brazos County, Texas, THE STATE OF TEXAS COUNTY OF BRAZOS KNOW ALL MEN BY THESE PRESENTS: That I, Wilson Reed, Jr., of the County of Brazos and State aforesaid, in consideration of the sum of seven hug rlred and thirty four dollars to me cash in hand paid by Mrs. P:AaL. Reed, of the County of Brazos and State of Texas, the receJpt of which is hereby acknowledged, have GRANTED, BARGAINED, SOLD, CONVEYED and RELEASED, and by these presents do Grant, Bargain, Sell, Convey and Release unto the said Mrs. P.A.E. Reed, her heirs and assigns, the following described property, to -wit: My entire interest in and to the following described land, to -wit: Lying and being situated in Brazos County, Texas and a part of the headright League of Richard Carter and being part of lot or share No. 2 of the Subdision of said League set apart to heirs of Mary Ann Reed, Decd. BEGINNING at the E cor. of Survey No. 1 at a stake in the original N.B. line of said league from which a post oak 12 in. in dia. brs. S. 25 E. 7 vrs. and a P.O. 12 in. in dia. brs. S. 65 W. 10 vrs; THENCE running S 45 W 5050 varas with the S.E. line of the said lot No. 1 to the S cor. of the same in the S.W. League line at a stake and rock in prairie; THENCE S 45 E. 1200 varas with said line to the West cor. of a tract of land containing 300 acres originally deeded to Mary Ann Reed by Richard Carter and now owned by James Cooper; THENCE N 45 E 3432 vrs. with said Cooper's N. W. line to his North or upper cor. on Carter's Creek; THENCE up said creek with the meanders of the same to Mrs. Burton's west corner on said creek on a pecan marked B 12 in, dia from which another pecan 12 in in dia brs. N. 45 W. 12 vrs. Magi $ 40 1 3,006 tr.. WA biro. Awr*oR 4 o L G. Uwe irte Ne 4aM4 an 4421* arigAaa1 laws liar at a stake tram v1lI!etl a l 1110 to, in ZIt* WWA. It 45 it • wire„ GO a Mil* PM! 10 in, in dia. brs, B. 25 E. 3 vrs; THENCE N 45 W 656 varas with said lino to the BEGINNING containing 8804 my interest in the above described land being an undivided one -third interest which I hereby convey t o the said Mrs, P.A.E. Reed, for further description reference is here made to the minutes of the Dist. Court of Brazos County, b ook F pages 380, and 381, together with all and singular the rights, members, improvements, hereditaments and appurtenances to the same belonging or in anywise incident or appertaining. TO HAVE AND TO HOLD, all and singular, the premises above mentioned, unto the said Mrs. P.A.E. Rood, her heirs and -18- 3 r • assigns, forever; and 1 (1) he.: ery bir:.d myself, her, , executo"., and administrators to 'iai en : Fo ver De.fe'd, a7.. and sin- gular, the said premises unto tt.c sa'a N. reeC, her heirs and assigns, against ovc� ^y person wh; rrsoover claiming or to claim the same or any part thereof. Witness my hand, at Bryan, this the llth day of December. 1879. Wilson Reed, Jr. (Seal) THE MITE OF TEXAS COUNTY OF BU 2,C3 S FEFCRE ME, Eanmett Hardy County J. _ *'i iu and for the County of Brazos, personal7.y appeared '-Jilscn deed, Jr. known to ::me to be the person whose name is subscribed to the above Instrument of wr ting, bea,.ing date the llth da7 of Deer A.D. 187ti, and acinlowied ;ed that he had signed, sealed and delivered the same for the purposes and consideration Lhoroin stated. In Testimony whereof, I hereunto sign my name and affix the impress of my official seal, at ray office in Bryan, This 11th day of Deer. A.D. 1879. (SEAL) Hammett Hardy, C.C.C.B.C. -19- ... No. 123 GUITRDIANSHIP OF MARY AND STEPHEN REED, MINORS .Application, Record in volume G, page 259, Probate Records, Brazos County Texas. THE STATE OF TEXAS Guardianship of Mary and Stephen Reed, COUNTY OF BRAZOS minors Coonty Court, March Term 1877. To the Honl. County Court of Said County: p.A.E. Reed, widow of Wiley Reed, deceased, shown that Mary Reed, aged 6 years and Stephen Reod, aged 18 months, aro minors residing in the said County of Brazos, and without any lawful guardian of their estates and are entitled to an estate of the estimated value of Fifteen Hundred Dollars as heirs at law of their great grandmother, and great grand father, Elizabeth and Richard Carter, deceased; that the said P.A.E. Reed, the mother of said minors, reside in said County of Brazos and has the custody of the persons of said minors. Wherefore, she prays that she be appointed guardian of the Estates of said minors. P.L.E. Reed Notice, Recorded in volume G, page 260, Probate Records, Brazos County, Texas. The State of Texas To all persons interested in the welfare of Mary and Stephen Reed, minors, P..E. Reed has filed in County Court of Brazos County, an application for the Guardianship of the estates of said minors, which will be heard by said Court commencing on the 3rd Monday in March, 1877, at the Court House thereof, in the City of Bryan, at which time all persons interested in tho welfare of said minors, may appear and contest the same if they see proper. Witness Hammett Hardy, Clerk of the County Court of Brazos County. Given under my hand and seal of said of said Court, at office, in tho City of Bryan, on 26th day of Feby., 1877. Hammett Hardy, C.C.C.!!,e, Nomatt. -20- 0 0 Decree granting guardianship, Recorded in Volume E, page 31, Probate Records, Brazos County, Texas. In the matter of Guardianship of i March 19th, 77 Mary and Stephen Reed, minors The application of P.A,E. Reed for letters of guardian- ship of the estates of Mary and Ctephen Reed, minors under the age of 14 years, coming on to be heard, and it appearing to the Court that due notice had been given of the filing of said application and no objections filed thereto; It is thereupon ordered by the Court that letters of Guardianship of the Estates of said minors be granted to said P.A.E. Reed upon her taking the oath prescribed by law and executing a Bond in the sum of Three Thousand Don rs within twenty (20) days from this date. Bond, Recorded in Volume G, page 2 60 Probate Records, Brazos County, Texas. The State of Texas 1 Brazos County D Know all men by these presents: That we, P.:'..E. Reed, as principal, and as Sureties, are held and firmly bound unto the County Judge of Brazos County, and his successors in office in the sun of Three Thousand Dollars for the payment of which well and truly to be made unto the said County Judge, we bind ourselves, our heirs, executors and administrators, jointly and severally, firmly by these presents signed with our hands this the 14th day of March, A.D. 1877, The condition of this obligation is such that "Jherea s, the above bound P.A.E. Reed has this day been appointed Guardian by the County Judge of Brazos County of Mary Reed and Stephen Reed, minors, now if the said P.S.E. Reed shall well and truly perform all the duties required bf her under said appointment then this obligation shall be null and voil, otherwise to remain in full force and effect. Given under our hands on this the 19th day of March, D. 1877. P.A.E. Reed Wilson Reed Geraldine Kelley Examined and approved March 19th, 1877, D.C. Barmore, Judge C.C.B.C. -21- 1 Decree, Recorded in Volume E, page 40, Probate Records, Brazos County, Texas. Est. of Mary and Stephen Reed, minors 4 by 6 March 23rd, 1877 p. A. E. Reed, Guardian 0 The bond of P. A. E. Reed, as guardian of the Estate of Mary and Stephen Reed, minors, having been filed and approved, and she having taken the oath prescribed by law, It is ordered by the Court that letters of Guardianship issue on said Estates to the said P. A. E. Reed. Commissioners appointed, Recorded in Volume E, page 40, Probate Records, Brazos County, Texas. Ordered by the Court that D. McIntosh, Harvey Mitchell, James Cooper, John Baird and W. P. Boyle be and they are hereby appointed commissioners to appraise the property belonging to said estate, and to return inventory within 60 days from date. - - - - - - -- - - Additional Commissioners appointed, Recorded in Volume E, page 46, Probate Records, Brazos County, Texas. Estates of Mary and Stephen Reed, minors 4 by 0 In vacation, April 19th, 1877 p. A. E. Reed, Guardian 4 David McIntosh, P. S. Ford and P. E. Dickinson appointed by Court to in vTnt�r« and appraise the property belonging to said minor AttaRt Hammett Hardy, C. C. C. B. C. -22- t 1 Inventory and Anpraisement, Recorded in Volume G, page 351, Probate Records, Brazos County, Texas. Ests of Mary and Stephen Reed, minors 0 by Q r. A. E. Reed, Guardian 6 Real Property An undivided one -third interest in about 850 acres of land situated in Brazos County, Texas, and a part of the League of land originally granted to Richard Carter, valued at $560.00 $260.50 Cash 260.50 THE STATE OF TEXAS 0 BRAZOS COUNTY 0 This day personally appeared David McIntosh, P. S. Ford and P. E. Dickinson, appraisers appointed to inventory and appraise the property belonging to the Estates of Mary and Stephen Reed, minors, who being duly sworn deposes and says that the foregoing inventory and appraisement is a true and correct in- ventory and aopraisement of all the property belonging to said Estate to the best of their knowledge and belief that has come to their knowledge and that the appraised value of each article of property is set o)posite thereof which amounts in the aggregate to the sum of $994.65 and that said property is the real and personal property of said Estate. David McIntosh Pinckney S. Ford 2. E. Dickinson Sworn to and subscribed to before me this the 19th day of April, A. D. 1877. Hammett Hardy, C, C. C. B. C. Claims due said estates to -wit: Interest in note of McIntosh Estate $163,65 of the value of $163.65 1/9 interest in note on Alex Turner $100.00 of the valve 11.00 I do solemnly swear that the above and foregoing is a true and correct list of all the claims due the estates of Mary and Stephen Reed, minors, that has come to my knowse dge and a true inventory of C1?. the real and personal property belonging to said minors so far as has come to my knowledge. P. A. E. Reed, Guardian Sworn to ^n,' subscribed to before me this 19th day of April, A. D. E?"7 Hammett Hardy, C. C. C. B. C. -23- Receipt of Settlement Recorded in Vo1umr H, page 593, Probate Records, Brazos County, Texas, Mary and Stephen Recd, minors Q by Q THE STATE OF TEXAS 0 COUNTY OF BRAZOS Q P. A. E. Collins, Gdn. This writing witnesseth, that I, Mary Mitchell, formerly Mary Reed, joined by my husband, Claude Mitchell, have fully settled with my Guardian, Mrs. P. A. E. Collins, and have re- ceived from her all property and effects belonging to me and held by her as guardian of my Estate, and I hereby waive issuance and service of citation and notice of final account filed by my said Guardian and consent that 'she may be discharged as Guardian of my Estate. Wtness our hands this day of April, 1889. Mary Mitchell Claude Mitchell • Decree, Recorded in Volume H, page 593, Probate liecords, Brazos County, Texas. Mary and Stephen Reed, minors Q by D SS P. A. E. Collins, Guardian Q 19 day of April, 1889 This day came on to be heard the final and annual account of I. A. E. Collins, Guardian of Mary and Stephen Reed, minors, and it appearing that Mary Reed has intermarried with Claude Mitchell and that they have settled with her said Guardian in full and have filed their receipt to that effect with the Clerk of this Court, and have also waived issurance and service of citation, said Guardian is hereby discharged from her trust as to said Mary Reed and said estate is hereby declared to be closed as to her and the same is continued for citation and further action of this Court as to the minor, Stephen Reed, said Guardian's aciount not to be recorded until acted upon as to the said Stephen Reed. -24- ..� Decree approving inventory Recorded in Volume E, page 48, robate Records, Brazos County, Texas. z;states of Mary and S. Reed, minors Q by 0 May the 24th, 1877 P. A. E. Reed, Guardian This day was examined by the Court the inventory and appraisenent of the pr )perty belonLing to the Estates of said minors and it appearing to the Curt that said Inventory was made as required by law and no objections being filed thoreto, It is considered and ordered by the Curt that the snore be and is hereby approved and ordered recorded. Final and Annual =count, necorded in Volume', - page 36, i'robate Records, Brazos County, Texas. THE STATE OF TEXAS 0 COUNTY COURT COUNTY OF BRAZOS 0 To April Term, 1889 To the County Court of said County: P. A. E. Collins, guardian of the Estate of Mary and Stephens Reed, joined by her husband, T. B. Collins, represents that her ward Mary Reed has intermarried with Claude Mitchell, she therefore submits herewith her final account as guardian and the receipt of said 'diary and Claude Mitchell in full settle- ment of their interest in the Estate of said Mary Mitchell and Stephen Reed, in hands as guardian of their estate, said estate being equally owned by said Mary I,4itchell and Stephen Reed, said account is also an exhibit of the Estate of said Stephen Reed to this date, said Estate so owned by them consists of 183 acres of land in Brazos County, Texas, 320 acres of land in Falls County, Texas, (which has been given by said P. A. E. Collins to said Mary Mitchell and Stephen Reed since her appointment as guardian) and $459.43 in money and good security one half of which is owned by each of said parties. Guardian makes no charge as such for the support and maintenance of her ward. The lands as before mentioned are rented as pastures, said account as hereto attached and made a part hereof. P. A. E. Collins T. B. Collins Sti to and subscribed before me this the 15th day of April, 1889. Wm. G. Taliaferro, N. P. B Co., Texas. (Here follows an itemized account of receipts and disburse - ments, not needed in this abstract) -25- ..424_12a9 Geraldine Kelly DECREE, Dated March 8th, 1881, vs. Recorded in Volume F, page 480 \ Civil Minutes District Court, P. A.E. Reed, et al i Brazos County, Texas. This cause came on for hearing and the parties ap- peared by their attys. and the Court appointed Wilson Reed, Jr. Guardian ad litem for the minors, Mary and Stephla Reed, their regular guardian, P. A. E. Reed, being inter- ested in the Cause and said Guardian ad litem having answer- ed and it appearing from the answer of all the defts as well as from the petition that the parties are entitled to the partition prayed for, it is ordered and decreed that the land be partitioned so as to give Pltffs, Geraldine Kelly one third, P.A.E. Reed one third, and the minor chil- dren of Wiley Reed, deceased, to -wit: Mary and Stephen Reed one third, taking into account quantity and quality; and Hiram Hanover, James Cooper, William Moore and John Beard, four free holders appointed commissioners to make the parti- tion accordingly, and they shall report their actions to ths.. - present Term of this Court for further orders. The land to be partitioned is thus described; 8801 acres in the Richard Carter League in Brazos County, Texas, BEGINNING at E. corner of Lot No.1 in partition of es- tate of Richard Carter and wife, shown by decree in Book F, page 380, of Minutes of this Court, which lot was assigned to the heirs of Wiley Carter, a stake in the original NE line from which a post oak 12 in in dia brs S 25 E 7 vrs and another 12 in. in dia brs S 65 W 10 vrs; THENCE S 45 W 5050 vrs with SE line of said Lot No. 1 to S corner of same in SW League line a stake and rock in prairie; THENCE S 45 E 1200 vrs with said line to W corner of James Cooper's 300 acres; THENCE N 45 E 3432 varas with said Cooper's NW line to his N or upor corner on Carter's Creek; THENCE up said Creek with its meanders to Mrs. Burton's W corner a pecan marked B 12 in in dia from which another pecan 12 in in dia brs N 45 W 12 vrs; THENCE N 45 E 1806 vrs with Mrs. Burton's NW line to her N ec :per on NE League line, a stake from tich a post oak 20 in. in dia brs N 45 E 3 vrs, and a black jack 10 in in dt1 brs S 25 E 3 vrs; TF:ENCP N 45 W 656 vrs with said line to the Beginning. This dec7e1 was made March 5, 1880, and is entered now for then, -26- T. B. Collins 0 MARRIAGE LICENSE, Dated December 18, 1880, and 4 Filed December -- 188G. Recorded in Volume E. page 27_ Mrs. R. A. L. Reed D Marriage Reccrds, Brazos County, Texas. STATE OF TEXAS 0 BRAZOS COUNTY 0 To any Judge of the County or District Court, ordained Minister of the Gospel, or Justice of the 7ea in a,le . for said County of Brazos -- GREETING: You are hereby authorized to solemnize the Rites of Matrimony between Mr. T. B. Collins and Mrs. P. A. E. Reed, and make due return to the Clerk of the County Court of said County, within sixty days thereafter, certifying your action under this License. WITNESS my official signature and seal of office, at office in Bryan, this 18th day of Decr. A. D. 1880. Hammett Hardy, Clerk of the County Court of Brazos County. I, J. C. Mickle, hereby certify that on the 19th day of December, A. D. 1880, I united in Marriage T. B. Collins and Mrs. B. A. E. Reed, the . )arties ab )ve named. 1iITNESS my hand this 20th day of December, A. D. 1880. J. C. Mickle, Ordained Minister of the Gospel. -27- • No. 1729 Geraldine Kelly X Report of Commissioners and De- cree accepting eport, Dated vs. 0 March 8th, 1881, Recorded in Vol. F, page 480, Civil Minutes Mrs. P.A.E. Reed, et al 0 District Court, Brazos County,Tex, In this cause the marriage of Mrs. P.A.E. Reed is suggested and her husband, T.B. Collins, makes himsu f a party, and tao commissioners of partition heretofore anointed ry the Court having filed their report partitioning 8b01- acres of lard in the Richard Carter teegue, which appears to be in compliance with the law and there being no exceptions thereto the same is in all respects confirmed. And it appearing from said re- port that said commissioners divided said land into three equal parts of equal value as nearly as practicable designated as Lots No. 1, No. 2 and No. 3 as shown by plate accompanying said report as follows, to -wit: • f; y N'' i } K: t :7 5 oie fin/. k t.? c� 0 • r 1 4 ; 7 f>C •k C C And said report showing that Lot No. 1 is bounded as follows: BEGINNING at the S. corner of the tract to be divided which is the west corner of the tract now owned by James Cooper at a stake in the South East league line; THENCE run North 45 E 2632 vrs. with the S.E. line of the tract to be divided to a stake from which a post oak 6 in in dia brs S 5 vrs and another of same dia brs S 67 W 7 vrs; THENCE N 45 W 650 vrs a stake from which a post oak 14 inin dia brs S 86+ w 6 vrs and another 12 inin dia brs N 24 W 4 vrs; THENCE S 45 W 2432 vrs a stake in South W league line; THENCE S 1 +5 E 650 vrs with said line to the BEGINNING, and is set apart to Mary and Stephen Reed, children of Wiley Reed, deceased. And it further appearing that Lot No.2, is bounded as follows€ BEGINNING at the west corner of Lot No. 1, a stake in S.W. league line; THENCE N 45 E with the NW line of Lot No. 1, 2432 vrs to N corner of same; -28- THENCE N 45 W 550 vrs to stake in N.W. line of the tract to be divided from which a P.O. 10 in in dia vrs S 37- E 5 vrs and another 3 in in dia vrs S 20 W 5 vrs; THENCE S 45 W 2432 vrs with said line to West corner of the tract to be divided in S.E. league line; THENCE S 45 E 550 vrs to the BEGINNING, and is set part to Mrs. F.A.E. Collins. And it further appearing that Lot No. 3 is bounded as follows: BEGINNING at the North or upper corner of Cooper's tract on Carter's Creek; THENCE S 45 W 1000 vrs with S.E. line of tract to be divided to E. corner of Lot No. 1; THENCE N. 45 W 1200 vrs with N.E. line of Lots Nos. 1 and 2 to N. corner of Lot No. 2; THENCE N. 1 +5 E with the N.W. line of the tract to be divided crossing Carter's Creek at about 900 vrs in all 2618 vrs to N corner of tract to be divided, a stake from which a black jack 7 in in dia brs S 7 E 7: vrs and a P.O. 10 in in dia brs N 45 E 10 vrs; THENCE S 45 E 650 vrs to Mrs. Burton's N. corner; THENCE S 45 W 1806 vrs with Mrs. Burton's line to her W corner on Carter's Creek a pecan marked B; THENCE down Carter's Creek with its meanders to the BEGIN- NING, and is set apart to Mrs. Geraldine Kelly. It is therefore ordered and decreed by the Court that the title be divested and vested in accordance with said report so as to give perfect title to Lot No. 1 to Mary and Stephen Reed, of Lot No. 2 to Mrs. P.A.E. Collins and of Lot No. 3 to Mrs. Geraldine Kelly, and that the Clerk of this Court issue on ap- plication certified copy of this decree to the parties as their muniment of title and that the costs be paid by the parties in proportion to their respective interest for which execution may issue. Abstracter's Note: The foregoing report and decree appears of record also in the office of the County Clerk of Brazos County, Texas, in Volume V, page 164, Deed Records, but it is not repeated for the reason that it is an exact copy, certified to as such by John W. Robinson, Clerk of the District Court, Brazos County, Texas. • BRAZOS COUNTY ABSTRACT COMPANY,INC. Bryan, Texas. -29- ■W vie Claud Mitchell i MARRIAGE LICENSE, D2 ,rune Eth, 1838, and ;tune 6 hh, 1288, Reco7dod in Book U, page 85, Miss Mary Read Mn.rri_age Records, Brazos Co. ; Tex. THE STATE OF TELX S COUNTY OF }3RAZOS 1 To any Ordained Minister of the Gospel, Judge of the Distrit Court, Judge of the County Court, or any Justice of the Peace: You, or either or you, are hereby authorized to solemnize or join in The Holy ITxi of Matrimony Cla 'zd Mitchell and Miss Mary Reed in accordance with the laws of this State, and that you make due return of this your authority to my office, 'rit'Zin sixty days from date hereof, certifying how you have executed the same. Given under my hand and seal of office, this 6 day of June, 1888. J.A. Myers, Clerk of the County Court, Brazos County. RETURN This is to certify that the above License was executed by me, by joining the above named parties in the Holy Union of Matrimony this 6 day of June, 1888. C. H. Buchanan, H.G. -30- No. 2494 Stephen Reed et al DECREE of Partition, Dated ICI ^ »ch 9. 1891, v Recorded in )lar a H, page 16, Civil Minutes, D1stricc Cou.' Mary Mitchell, et al Brazos County, Texas, This day this cause came on to be heard, the plaintiff appeared by his Guardian, I'Irs. P. A. E. Collins, joined with her husband, T. B. Collins, and the defndants, Mary Pitci;eli, joined with her husband, Claude Mitchell, appeared fn thep.r own pers)ns, and the matter and things contained in plfs pe- tition being road to the Court and fully understood and dcfend- ant's answer thereto, it was and is accordingly adjudged rod decreed by the Court that the allegations contained in p1 s petition are true: First, that upon a hearing of this cause, the Court de- termined that the real estate sought to be divided is the property of the minor Stephen Reed and the defendant, Mary Mitchell, and that they are joint )r'ners and are equally in- terested in the same. Second. The c )urt determined all quests )ns of law and equity affecting the title to such real estate and adjudges and decrees the same to 21ff and deft. It is accordingly ordered, adjudged and decreed by the Court that the following described tract and parcel of land be partitioned and divided between plaintiff anc defendant and that one -half be set apart to plaintiff Stephen Reed and the other half to be set apart to Mary Mitchell, to -wit: Situated in the County of Brazos, State of Texas, and being a part of the R. Carter League in said County and more particularly described as the tract of land set apart to s aid plaintiff and defendant, Mary Mitchell (nee Reed) in a suit in the District Court of Brazos County, Texas, styled G. Kelly vs. P. A. E. Reed, et al, No. 1729, the same being a suit for par- tition, in said suit the herein described tract of land was set aside to said menti,ned plff and deft, to -wit: Lot No. 1 in the partition of said suit, BEGINNING at the South corner of the tract to be divided, which is the west corner of a tract owned by Jas. Cooper, at a stake in the S. E. League line; THENCE N. 45 E 2632 varas with S. E. line a tract (thus divi ed) and corner, from which a F. 0. 6 inch in dia bears South 5 vrs, and another brs S 67 W 7 vrs; THENCE N 45 W 650 varas and corner fr nm which a P. 0. 14 inch in dia brs S 862 W 6 vrs, and another 12 in in dia brs N 24 W 4 vrs; THENCE S 45 V 2432 vrs and car in league line; THENCE S 45 E 650 vrs and the BEGINNING, containing 280 acres of land. It is further ordered by the Court that James Cooper, W. J. Moore, and C. L. McCoy, three disinterested and competent persons are appointed as commissioners to make parti- tion of said real estate in accordance with this decree and the -31- law, a majority of wham may act. It is further ordered that the Clerk of this Court issue a writ of partition directed to the Sheriff or any Constalel e of this County, commanding such Sheriff or Constable to no'eify each of the Commissioners of their appointment as such and shall accompany such writ with a certified copy of the decree of th.i ^. Court directing the partition. It is further ordered that the Corzrnissieners made their repo ert to the next term of this C.urt . Order of Sale, Recorded in Volume H, page 17, District Court Minutes, Brazos County, Texas. The report of the Cormyissi )ners ap einted to partition the land in this Cause as prayed for by plff in origlncl pe- titien caning on to be heard, and it a))earing from said .,o- pert (Report made by James Cooper and V. J. LI)ore, two of the Commissi )nors appointed to make partition and the sane being a majority of said commissioners) that the land sought to be - -par- titi)ned cannot be divided in a fair and equitable manner; and !'WHEREAS, said Cont:issi �ners have f :pr the reasons set, re- ported that same cannot be fairly and equitable divided, It is theref >re the order, judgment and decree of this Court, that said property described as follows: Situated in the County of Brazos, State of Texas, and being a part of the R. Carter League in said County and more particu- larly described as the tract of land set apart to said plain - tiff and defendant, Mary Mitchell, (nee Reed) in a suit in the District Court of Brazes County, Texas, styled G. Kelley vs. P. A. E. Reed et al, No. 1729, the same being a suit for partition - (in said suit the herein described tract of land was set aside to said nentiened plaintiff and defendant) to- wit: Lot No. 1 in the partition of said suit BEGINNING at the South corner of the tract to be divided, which is the West corner of a tract owned by James Cooper, at a stake in the S. E. league line; TILNCE N 45 E 2632 vrs with the S. E. line of tract (thus divided) and corner, from which a P. 0. 6 inch in dia brs. South 5 varas, and another brs S 67 VT 7 varas; THENCE N 45 Is! 650 varas, and corner, fren which a P. 0. 14 inch in dia brs S 861 V 6 vrs. and another 12 inch in dia brs N 24 `': 4 vrs; THENCE S 45 W 2432 vrs and corner in League line; THENCE S 45 E 650 vrs to the BEGINNING, containing 280 acres of land, be and the same is )rdered sold as under Execu- tion for sale if real estate, for cash, and that the proceeds arising from said sale be retained in the hands of the officer making same to await the further order of this Court. It is the further order )f this Court that T. B. Collins be appointed c.anmissi >ner t :, make said sale and that said sale be made as herein provided. 4 -32- No. 2494 Stephen Reed f DECREE confirming sale Dated September 9th, 1891, vs. f Recorded in Volume H,page 37, Civil Minutes District Court, Mary Mitchell, et al 0 Brazos Ciunty, Texas. The application of T. B. Collins, the commissioner appoint- ed in the above no. and styled case, to make sale of the herein- after described tract of land coming on to be heard and it ap- pearing to the Court that said sale was had in accordance with the order making the appointment and in the terms of the law, and at the place authorized by law and during the hours pre- scribed by law for such sales, and on the 1st Tuesday in the month of July, 1891, the same being the 7th day of said month; and it further appearing to the Court that the sale was regular- ly made and that at said sale Claud Mitchell became the purchaser he being the highest and best bider for cash his bid being for the sum of Eight Dollars per acre, making in the aggregate the sum of Two Thousand and Forty two hundred and forty dollars. It is ordered by the Court that the said commissioner, T.B. Collins, be and is hereby ordered to pay over to the said Stephen Reed, to his guardian Mrs. P.A.E. Collins, eleven hundred and twenty dollars, and to Mrs. Mary Mitchell the sum of eleven hun- dred and twenty dollars. It is further ordered by the court that the title to the following described tract of land be dives- ted out of the said Stephen Reed, plff and the said Mary Mitchell deft. and vested in Claud Mitchell, said land described as follows to-wit: Situated in the County of Brazos, State of Texas, the same being lot one in the partition of a certain tract of land in suit of G. Kelley vs. P.A.E. Reed, No. 1229, in the District Court of Brazos County, said land being a part of the R. Carter League and BEGINNING at the South corner of the said tract, which is the west corner of a tract owned by Jas. Cooper at a stake in the S.E. Lea_ line; THENCE N 45 E 2432 vrs with S.E. line of said tract and corner from which a P.O. 6 inches in diameter bars S 5 vrs and another brs S 67 W 7 vs; THENCE N 45 W 650 vs and corner from which a P.O. 14 inches in diameter brs S 87 and one half W 6 vs, another 12 inches in diameter brs N 24 W 4 vrs; THENCE 5 45 W 2432 vs and corner in Lea_ line; THENCE S 45 E 650 vs to PLACE OF BEGINNING, containing 280 acres of land. It is further ordered by the Court that this decree and the papers in this Cause be and are a part of the muniments of the said Claud Mitchell's title to said described tract of land. It is further ordered by the Court that T. B. Collins Com's execute to the said Claud Mitchell a deed con- veying to him the title to said land divesting title out of plff and deft and vesting it in the said Mitchell. It is further ordered by the Court that each plff and deft pay one half of the costa in this behalf expended. It is further ordered that the said Com's be and he is hereby discharged. -33- • T. B. Collins, Commr. 1 COMMISSIONER'S DEED, Dated September 9th, 1891, to FiJ.ed. October 5th, 1891, Recorded in Volume 8,page 610, Claud Mitchell 1 Deed Records, Brazos County,Texas. STATE OF TEXAS COUNTY OF BR:ZOS f KNOW ALL MEN BY THESE PRESENTS: That I, T. B. Collins, of the State of Texas, Count* of Bra- zos, having been appointed Commissioner in the sale of certain hereinafter described land in a certain partition suit rending in the District Court of Brazos County, Texas, and N 24 and styled Stephen Reed by his guardian, P.A.E. Collins, vs. Mary Mitchell, joined with her husband, Claud Mitchell, said appoint- ment dating on the 9th day of Nov. 1891, and recorded in Ninu+'e Book H, page 17 of the Minutes of the District Court of Brazos County, Texas; and WHEREAS, on the 7th day of July, 1891, the same being the 1st Tuesday in said month, after advertising said hereinafter described land for 20 days before said day of sale, I did on said day sell to Claude Mitchell, he being the highest and best bidder for same, at public vendue before the Court House door of Brazos County for the sum of Two Thousand and two hundred and forty dol- lars cash in hand the receipt of which is hereby acknowledged, and paid me by Claude Mitchell, fe following described tract of land, to -wit: Situated in the County of Brazos, State of Texas, the same being lot one in the partition of a certain tract of land, in suit of G. Kelly vs. P.A.E. Redd, No. 1229, in the District Court of Brazos County, Texas, said land being a part of the Richard Carter L uL-,ue, and BEGINNING at the S. corner of the said tract which is the West corner of a tract owned by Jas. Cooper at a stake in the South East league line; THENCE N 45 E 2432 vs with S.E. line of said tract and cor- ner from which a P.O. 6 inches in diameter brs South 5 vs and another brs S 67 W 7 vrs; THENCE N 45 W 650 vs and corner, from which a P.O. 14 inches in diameter brs S 87i W 6 vs, another 12 inches in diameter brs N 29 W 4 vrs; THENCE S 45 W 2432 vs and corner in league line; THENCE S 45 E 650 vs to PLACE OF BEGINNING, containing 280 acres of land. Now, therefore, I, T. B. Collins, CommL ssioner as herein set forth, do hereby Convey, Bargain and Sell to the said Claude Mitchell, for and in consideration of the sum of Twenty Two Hundred and Forty dollars, all the right, title and interest which the said Stephen Reed and Mary Mitchell had in and to the fore- going described tract of land. -34- • 7 Given under my hand this the - 9 '_: -day of September, A.D. 1891. T. B. Collins, Commr. STATE OF TEXAS I COUNTY OF B =z4ZCS X BEFORE the undersigned, a Notary Public in and f r Brazos CGun:;v, Texas, on this day came and appeared T. B. Coll. ins, known to me to be the person who signod tho foregoing instrument, and acknow- ledged had conside rs. of Commissioner. Witness my hand and seal of office, this the 9th day of September, 1891. Sam R. Henderson, Notary Public Brazos County, Texas. (SEAL) -35- Claude Mitchell et ux 4 DEED Dated October 5th, 1891, to 0 Filed October, 5th, 1891, Recorded in Volume 8, page 612, Frank Vavra 0 Decd Records, Brazos County, Texas. THE STATE OF TEXAS Q COUNTY OF BRAZOS D KNOW ALL MEN BY THESE RESETS : That I, Claude Mitchell, joined by my wife, Mary Mitchell, of the County of Brazos, in the State aforesaid, for and in c ;nsideratien of the sum of twenty two hundre r: and forty T)o'lars to rie paid and secured to be paid by Frank Vavra, as :Fellow.. Five hundred dollars in cash and Seventeen hundred and Forty Dollars to be paid in 8 equal payments of two hundred tend seventeen dollars and 50/100 as is evidenced by 8 notes this day executed to said C Mitchell by said Frank Vavra, said notes due annually on the 5th day of December of each succeeding «ear, beginning on the 5th day of December, 1892 and ending on the 5th day :of December, 1899, said n )tes bearing interest at the rate of 8 per cent per annum from this date, said interest payable annually on said 5th day of December of each year, beginning on the 5th day of December, 1892; have GRANTED, SOLD and CONVEYED, and by these presents do Grant, Sell and Convey unto the said Frank Vavra, )f the County of Brazos and State of Texas, all that certain tract or parcel of land situated in Brazos County, Texas, and being a part of the R. Carter League and being the interest of Mary Mitchell (nee Ree and Stephen Reed, the same being set apart to said parties in suit NJ. 1229, styled G. Kelly vs. P. A. E. Reed, the same being Let Ito. 1 set apart in said suit to said Mary and Stephen Reed in said suit, and BEGINNING at the South corner of said tract, the same being the West corner :)f a tract owned by Jas. Cooper, at a stake in S. E. league line; THENCE N 45 E 2432 varas with S. E. line of said tract and corner, from which a P. 0. 6 inches in dia brs S)uth 5 vrs and another brs S 67 W 7 vrs; THENCE N 45 W 650 vrs and corner, fr)m which a P. 0. 14 inches in diameter brs S 87i ti? 6 vrs, another 12 inches in dia brs N 24 W 4 vrs; THENCE S 45 V 2432 vrs and corner in league line; THENCE S 45 E 650 vrs and the ;LACE OF BEGINNING, c)n- taining tw.) hundred and eighty acres )f land. TO HAVE AND TO HOLD the ab 've described premises, together with all and singular the rights and appurtenances thereto in anywise belonging unto the said Frank Vavra, his heirs and assigns forever. And we do hereby bind ourselves, our heirs, executors and administrators to Warrant and Forever Defend, all and singular, the said premises unto the said Frank Vavra, his heirs and assigns, against every person whomsoever lawfully claiming or t.) claim the same or any part thereof. -36- • But it is expressly agreed and stipulated that the vendor'F lien is retained against the ab)ve described property, premises and improvements until the ab Jve decried notes and all inter- est thereon are fully paid according t.; their face and tenor, effect and reading, when this deeu shall become abs. Witness our hands at Bryan, this 5th day of October, A. D. 1891. Claude I&.tchell Mary Mitchell THE STATE OF TEXAS 4 COUNTY OF BRA'S ZO S 0 BEFORE ME, Sam R. Henderson, a Notary Public in and vor Brazos County, Texas, on this day personally appeared C12udo Mitchell known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this 5th day of October, A. D. 1891. Sam R. Henderson, Notary (SEAL) Public, Braz3 s County, Texas. THE STATE OF TEXAS 0 COUNTY OF BRAZOS j BEFORE ME, Sam R. Henderson, a Notary Public in and for Brazos County, Texas, on this day personally appeared Mrs. Mary Mitchell wife of C Mitchell, known to me to be the person whose name is subscribed to the foregoing instrument, and having been examined by ne privily and mart from her husband, and having the same fully explained to her she the said Mrs. Mary Mitchell acknowledged such instrument to be her act and deed and declared that she had willingly signed the same for the purposes and con - sideratim therein expressed and that she did not wish to retract it. Given under my hand and seal of office this 5th day of October, A. D. 1891. Sam R. Henderson Notary Public, Brazos Co., (SEAL) Texas -37- • Claude Mitchell RELEASE, 0 Label A'igist 29th, 11399, Q Filed September 8th, 1899, to 0 Recorded in Volume 1, page 362, 0 Release Records, Brazos County, Frank Vavra 0 Texas. THE STATE OF TEXAS 0 COUNTY OF BRAZOS 4 WHEREAS, by Deed dated October 5th, 1891, recorc'.ed in County Clerk's office of Brazos County, Texe.s, in Book 8, pages 612, 613, and 614, Claude Mitchell and Mary Mitchell conveyee to Frank Vavra 280 acres of land fully described in said deed, to which reference is hereby made, retaining therein a vendors lien securing payment of Seventeen Hundred and forty dollars, for which said Frank Vavra executed his promissory notes as follows: Eight notes for the sum of 0217.50 each, due and payable, Dec. Sth, 1892, Dec. 5th, 1893, Dec. 5th, 1894, Dec. 5th, 1895, Dec. 5th, 1896, Dec. 5th, 1897, Dec. 5th, 1898 and Dec. 5th, 1899, respective- ly, said notes of date Oct. 5th, 1891, and with interest at 8 per cent per annum, said note payable at Bryan, Texas; and WHEREAS, said Frank Vavra has paid the said notes in full satisfaction of said incumbrance; now THEREFORE, I Claud Mitchell do hereby release the above described property from the vendor's lien aforesaid. In witness whereof, I have hereunto set my name at Houston Texas, this 29th day of August, 1899. Claude Mitchell THE STATE OF TEXAS COUNTY OF HARRIS BEFORE ME, J. M. McCord, a Notary Public in and for Harris County, Texas, on this day personally appeared Claude Mitchell, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this 29th day of Augt. 1699. (SEAL) J. M. McCord, Notary Public, 10' IRS Harris Co., Texas attached and cancelled -38- ?rank Vavra et ux DEED Q Dated Septe :giber 27th, 1920, to Q Filed September 28, 1920 0 Recorded in Volume 53, page H. P. Dansby 4 518, Deed Records, Brazos County, Texas. THE STATE 0 F TEXAS 1 COUNTY OF Bi AZOS 0 KNOW ALL i EN BY THESE PRESENTS: That I, Frank Vavra, joined by my wife, Mary Vavra, of the County of Brazos, State of Texas, for and in consideration of tho sun of Nine Thousand and Eight Hundred and no /100 Dollars, to u s paid and secured to be paid by H. P. Dansby as follows, to -w't^ the sum of FAur Thousand and Two Hundred D;,llars 04200.00) cash in hand paid, the receipt of which is hereby acknowledged, ^r.6 . the balance t.: be paid as evidenced by Four (4) certain vendor 1 notes, of even date herewit?i., and executed by said H. P. Dansby payable to Frank Vavra or order, at Bryan, Brazos County, fcxc., on or before September 27th, 1921, 1922, 1923, and 1921 resaectivel: said fur notes being for the sum of Fourteen Hundred Do11arF 014O0.00) each and bearing interest from date until paid at rate of seven per cent (7%) - per annum, the interest payable annually as it accrues, and all past due interest bearing interest from the maturity thereof until paid at rate of seven per cent (7%) per annum, and each of said notes providing that failure to pay same, or any installment of interest thereon, when due shall, at the election of the holder of them or any of them, mature all of said notes, and each of said notes further providing that if it be not paid at maturity and be placed in the hands of an attorney f•:)r collection, or be collected by suit or through the probate Court, the maker thereof agrees to pay ten Der cent additional on the principal and interest then owing thereon, as attorney's fees, have GI1 NTED, SOLD and CONVEYED, and by these presents do Grant, Sell and Convey, unto the said H. P. Dansby of the County of Brazos, State of Texas, all that certain tract or parcel of land lying and being situated in the R. Carter League in Brazos County, Texas, and being the interest of Mary Mitchell (nee Reed) and Stephen Aeei set apart to them in suit No. 1729 on the Civil Docket of the District Court of Brazos County, Texas, styled G. Kelly vs. P. A. E. Reed, et als, the same being Lot No. 1 set apart in said suit to said, Mary and Stephen Reed, and further described as follows, to -wit: BEGINNING at the South corner of said tract, the same being the West corner of a tract awned by James Cooper at a stake in S. E. league line; THENCE run N. 45 E 2432 varas, with S. E. line of said tract and corner from which a P. 0. 6 ins. in dia. brs South 5 varas, and another bears S. 67 W. 7 varas; THENCE N 45 W 650 varas and a corner from which a P. 0. 14 ins. in dia. brs S. 87i W 6 varas, another 12 ins. in dia. brs N. 24 W 4 varas; THENCE S. 45 W. 2432 varas and corner in league line; -39- • THENCE S 45 E 650 varas to the PLACE OF BEGINNING, con- taining Two Hundred and Eighty (280; acres of land, more or less, and being the same land conveyed to me, Frank Vavra, by C Mitchell and wife, ary Mitchell by Deed dated October 5th, 1891, and rec %rc ?ed in the Deed Records of Brazos County, Texas, in Volume 8, pages 612, to 614 to which Decd and its said re- cord, and the deeds and records therein mentioned, reference is here made for further description of said land hereby conveyed. It is further understood and agreed that the grantors herein shall pay all Taxes for the year 1920, on said land hereby conveyed, and shall have the rents and profits of anclfrom same for and during said year 1920, and that they shall give possess - ion of said land to the grantee herein by or before December 1st, 1920. TO HAVE AHD TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto To have and TJ Hold the above described premises, together with all and sing ular the rights and appurtenances thereto in anywise 4 belonging unto the said H. P. Dansby, his heirs and assigns for- ever, and we d., hereby bind ourselves,:.ur heirs, executors and administrators, to Warrant and Forever Defend, all and singular the said premises unto the said H. P. Dansby, his heirs and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. But it is expressly agreed and sti7ulated that the Ven- dor's Lien is retained against the above described property, premises and improvements, until the above described notes, and all interest thereon are fully paid according to their faces -end tenor, effect ant reading, when this deed shall become absolute. Witness ;ur hands at Bryan, Texas, this 27th day of Sep- tember, A. D. 1920. $10.00 Revenue Stamp Frank Vavra Affixed and duly cancelled Mary Vavra THE STATE OF TEXAS 0 COUNTY OF BRAZOS G BEFORE ME, Robert Armstrong, a Notary Public in and for Brazos County, Texas, on this day personally appeared Frank Vavra, known to me to be the persin whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office, this 28th day of September, A. D. 1920. Robert Armstrong, Notary Public (SEAL) in and For Brazos County, Texas, THE STATE OF TEXAS 0 COUNTY OF B: AZOS 0 BEFORE ME, Robert Armstrong, a Notary Public in and for Braz.s County, Texas, on this day -personally appeared Mrs. Mary Vavra, wife of Frank Vavra, known to me to be the parson whose name is subscribed to the foregoing instrument, and having been examined by me, privily and apart from her husband, and having the same fully explained to her, she, the said Mrs. Mary Vavra, acknowledged such instrument to be her act and deed, and declared that she had willingly signed the same for the purposes and con - -40- , s siderations therein expressed, and that she did not wish to re- tract it. Given under ray hand and seal of office, this 28th day of September, A. D. 1920. Robert Armstrong, Notary Public (SEAL) in and for Brazos County, Texas. -41- Frank Vavra 0 i T ANSFER�, Dated September 30th, 1920, t Q Filed Oct)ber 15th, 1920 G Recorded in Volume 53, page Chas. Gorzycki ¢ 661, Deed Records, Brazos County, Texas. THE STATE OF TEXAS 0 COUNTY OF BizAZOS G KNOW :.LL MEN BY THESE fESENTS : That I, Frank Vavra, Jf the County of Brazos, State of Texas, for and in e nsideration ,f Fourteen Hundred and no /100 to me in hand paid by Chas. Gorzycki of Brazos C )unty, Texas, the recei_)t of which is hereby acknowledged, has this day Sold, CDnveyed and Assigned, and by these )resents do Sell, Convey, and Assign, unto the said Chas. Gorzycki without recourse on me, one certain vendor's lien note executed by H. P. Dansby, in favor of myself, Frank Vavra, in the sum of Fourteen Hundred and no /100 Dollars dated Se_)tember 27th, 1920, and Yearing in- terest from date at the rate of Seven per centum per annum, to- Ceth.er , "Tith an att :rney's fee of ten jer cent, and due on or before S 27th, 1921, being Note N. 1 in a series of four notes of ''1400.00 each, executed by said Dansby to me of said date, said note having been executed in part payment for the following described lot or ,'arcel of land situated in the County of Brazos, State of Texas, to -wit: Situated in the R. Carter league in Brazes County, Texas, and containing 280 acres, more or less. And I als:) hereby bargain, sell and convey unto the said Chas. Gorzycki all of the right, title and interest owned or held by rte in said land by virtue of said note herein conveyed and assigned. S„id land and note being fully set out and des - cribed in a deed duly executed by myself and wife to the said H. P. Dansby on said date and recorded in Volume 53, page 518, Records of Deeds for Brazos County, Texas, which is referred to and made a part hereof for further description. TO HAVE AND TO HOLD unto the said Chas. Gorzycki, heir and as- signs, the above described note, together with all and singu- lar the contract lien, vendor's lien, rights, equities,titles and interest in said land,which I have by virtue of being the vendor in said Deed and payee in said note and the legal holder and owner of said note. And I hereby authorize the said Chas. Gorzycki, his heirs and assigns, to release the said vendor's lien on payment of sa- id note by a duly executed release. Witness my hand this 30th day of Se_otember,A.D. 1920. Frank Vavra,. THE STATE OF TEXAS COUNTY OF BRAZOS BEFOaE IvEE, the undersigned, a Notary iublic in and for Brazos County, Texas, on this day personally appeared Frank Vavra, knJwn to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office, this30th day of September, A.D. 1920. (SEAL) W. G. Taliaferro, Notary iublic, Brazos County, Texas. -42- Chas. Gorzycki TRANsi Dated October 15th, 1920, to Filed October 15th, 1920, Recorded in Volume 53, page 560, Mrs. W. T. Goode X Dood R;nords,Brazo s County,Texas. THE STATE OF TEXAS COUNTY OF BRAZOS i KNOW ALL MEN BY THESE PRESENTS That I, Chas. Gorzycki (sometimes spelled Chas. Gorecky) of the County of Brazos, State of Texas, for value received,th.s day to me in hand paid by Mrs. W. T. Goode, a widow, of Bexar County, Texas, the receipt of which is hereby acknowledged, has this day sold, conveyed and assigned, and by these presen 'Ls do Sell, Convey and Assign unto the said Mrs. W. T. Goode, without recourse on me, One (1) certain vendor's lien note executed by H. P. Dansby in favor of Frank Vavra, and by him duly endorsed transferred and assigned to me, said note being in the sum of Fourteen Hundred and no /100 Dollars, dated September 27th, 1920, and bearing interest from date at the rate of Seven per centum per annum, together with an attorney's fee of ten per cent and due on or before September 27th, 1921, being Note No. 1, of a series of four (4) notes for the sum of $1400.00 each executed by said Dansby to said Vavra, said note having been executed in part payment for the following described lot or parcel of land situated in the County of Brazos, State of Texas, to -wit: Situated in the R. Carter League in Brazos County, Texas, and containing Two Hundred and Eighty (280) acres, more or less. And I also hereby Bargain, Sell and Convey unto the said Mrs. W. T. Goode all of the right, title and interest owned or held by me in said land by virtue of said note herein conveyed and assigned. Said land and note being fully set out and des- cribed in a deed duly executed by Frank Vavra and Wife, Mary Vavra, to the said H. P. Dansby, said Deed dated September 27th, 1920, and recorded in Volume 53, page 518, Records of Deeds for Brazos County, Texas, which is referred to and made a part here- of for further description. TO HAVE AND TO HOLD unto the said Mrs. W. T. Goode, her heirs and assigns, the above described note, together with all and singular the contract lien, vendor's lien, rights, equities, titles and interest in said land, which I have by virtue of being the transferee of said note and the legal holder and owner of said note. And I do hereby bind myself that said note is the first and only lien on said land, go far as is known to me, and that all pay- ments, offsets and credits to which said note is entitled, do appear on the back of said note. And I hereby authorize the said Mrs. W. T. Goode, her heirs and assigns, to release the said vendor lien on payment of said note by a duly executed release. Witness my hand this 15th day of October A.D. 1920. Chas. Gorzycki -43- THE STATE OF TEXAS BEFORE ME, J. N. Dulaney, a COUNTY OF BRAZOS Notary Public in and for Brazos County, Texas on this day personally appeared Chas. Gorzycki, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office, this 15th day of dctober, A. D. 1920. J. N. Dulaney, Notary Public in and for Brazos County, Texas. (SEAL) -4 4- Mrs. Florence Cavitt Goode U POWER OF July 1 ATTORNEY, 1920, To Filed January 4th, 1921, i Recorded in Volume 5+, page 167, Robert Armstrong i Deed Records County,Texas. THE STATE OF TEXAS 1 COUNTY OF BEXAR i KNOW ALL MEN BY THESE PRESENTS: That I, Mrs. Florence Cavitt Goode, a widow (being the surviving wife of W. T. Goode, deceased, and who aften sign my name "Mrs. W. T. Goode" as well as "Mrs. Florence Cavitt Goode ") of the County of Bexar, State of Texas, have named, constituted and appointed, and bi these presents do hereby name, constitute and appoint, Robert Armstrong, of Brazos County, Texas, my true and lawful attorney in fact for me, and in my name, place and stead to take possession of all lands and interests in lands now or that may hereafter be owned by me, or to which I may now or hereafter become entitled, and situated in the State of Texas, and especially all lands and interest in lands now owned or that may hereafter be owned by me and situated in Bexar County, Texas, and I hereby fully authorize my said attorney in fact to sell and convey, or otherwise dispose of same or any part there- of to such person or persons as he may see fit and upon such terms and at such prices and at such times as he may deem best or proper; and until same be sold, I hereby authorize him, my said attorney in fact, to lease same or any part thereof to such person or persons and upon such terms as he may see fit; and I further fully authorize and empower my said attorney in fact to demand, and collect, by suit or otherwise, all sums of money now owing, or that may hereafter be owing to me by any person or persons, corporation or corporations, whatsoever; and I further authorize my said attorney in fact to, in my name, execute, ack- nowledge and deliver all such deeds, releases, receipts, and other instruments in writing as he may deem necessary or proper in and about the matters above stated, and in and about all other matters of any xnd every kind pertaining to the management of my business and property; and if at any time my said attorney in fact should deem it best so to do I hereby authorize him to compromise and settle on such basis and terms as he may think best any debts that may be owing to me, and also any disputes or controversies of any kind whatever that may arise in connection with the management of my business and property; and I further authorize him to employ such assistance as he may see fib in con- nection with the exercise of his powers given him by this instru- ment. I further authorize and empower by said attorney in fact to invest and re- invest all sums of money belonging to me, that may come into his hands, in such manner and upon such terms as he may see fit and generally to exercise and use his own judgment in all matters pertaining to my business and property and the handling and disposition of same or any part thereof. I have placed in the hands of the said Robert Armstrong, as my agent and attorney in fact, all of my property and business to be handled, managed, controlled and disposed bf by him in any way he may think best for my interest and the object and purpose of this Power of Attorney is to vest in, and I hereby do vest in, said Robert Armstrong, as my said attorney in fact, full powe_ and authority to do and perform not only all the acts and things hereinbefore mentioned, but also all sudh other acts and things as he may deem necessary or proper in the premises, as fully to all intents and purposes, as I might or could do if personally -45- present and acting, and I hereby ratify and confirm all things whatsoever that my s attorney in fact shall or may do in the premises by virtue hereof. And in the execution of any instru- ment pursuant to the powers given him in this instrument, 1 hereby authorize My said attorney in fact to sign my name either "Mrs. Florence Cavitt Goode or Mrs, W. T. Good ", whichever my aceM to him most expedient or proper in each particul^ r case. Witness my hand at San Antonio, Texas, this the 14th day of July A. D. 1920. Mrs. Florence Cavitt Good Twenty Five Cent Revenue Stamp affixed THE STATE OF TEXAS COUNTY OF BEXAS $ BEFORE ME, W. E. Shaw, a Notary Public, in and for Bexar County Texas, on this day personally appeared Mrs. Florence Cavitt Goode, a widow, known to me to be the person whose name is subscribed to the foregoing instrument, and she acknowledged to me that she executed the same for the purposes and considera- tions therein expressed. Given under my hand and seal of office, at San Antonio, Texas, this the 14th day of July, A. D. 1920. W. E. Shaw, Notary Public in and For Bexar County, Texas (SEAL) 4 4 -46- Mrs. W. T. Goode, by Robert PELEA.SE,. Armstrong, Attorney in Fact Dated August 25th, 1922, to 0 Recorded � inVolume 9 9, page 208 Pe? ease Records, H.P. Dansby Brazos County, Texas THE STATE OF TEZAS COUNTY OF E..,, WHEREAS, by Deed dated September 27th, 1920, and recorded in the Deed Records of Brazos Cour.y, Texas, in Volume 53, page 518, Frank Vavra and wife, of Brazos County, Texas, conveyed to H.P. Dansby of Brazos County, Texas. Two Hundred and Eighty (280) acres of land, more c.r less, in the R. Carter League of land in Brazos County, r2e as, retaining therein a Vendor's Lien securing the payment of four (4) certain promissory notes ag- gregating the svm of Fifty Six Hundred Dollars ($5600.00) executed by the said H. P. Dansby, said notes being for the sun of ourteen Hundred Dollars ($1400.00) each, payable to said Frank Vavra or order at Bryan, Trazos County, Texas, on or be- fore September 27th, 1921, 1922, 1923, 192+, respectively and bearing interest from date until paid at the rate of seven per cent (7 %) per annum, re: 4erence being here made to said deed and its said record for a further description of said land notes; and WHEREAS, afterwards, by an instrument in writing dated September 30th, 1920, the first oneof said notes, namely, std note due on or before September 27th, 1921, was duly transferred, and assigned by the said Frank Vavra to Chas Gorzycki; and WHEREAS, by an instrument in writing dated October 15th, 1920, Chas. Gorzycki for valuable consideration transferred and assigned said first one of said notes, namely, said note due on or before September 27, 1921, to Mrs. W. T. Goode, a widow, and WHERENS, said first note, namely said note due on or be- fore September 27th, 1921, has been duly paid by said H.P. Dansby to said Mrs. W. T. Goode; now THEREFORE, 1, the said Mrs. W. T. Goode, a widow, acting by and through my attorney in fact, Robert Armstrong, being the legal owner and holder of the first one of said above described notes, namely said note due on or before September 27th, 1921, at the time of its said payment, do hereby acknowledge the full payment of said first note for the sum of said Fourteen Hundred Dollars (14(30.00) and due on or before September 27th, 1921, and do hereby release said land from said Vendor's Lien so far as it applies to said above described first note, so paid to said Mrs. W. T. Goode, as aforesaid, and no further. Witness my hand at Bryan, Texas, this 25th day of August, A.D.1922. Mrs. W. T. Goode, By Robert Armstrong, Attorney in Fact. -47- THE STATE OF TEY S COUNTY OF '3It LO S BEFORE ME, J. N. Dulaney, a Notary Public in and for Brazos County, Texas, on this day personally loappeaaed Robert Armstrong, attornoy in fact for Mrs. I. , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and considerations therein expressed, and in the capacity therein stated. Given under my hand and seal of office, this 26th day of August, 1922. (SEAL) J. N. Dulaney, Notary Public in and for Brazos County,Texas. -48- Frank Vavra I RELEASE, I Dated August 28th, 1922, to I Filed Lugust 28�h, 1922, I Recorded in Volune 9, page 210 H. P, Dansby 1 Release Records, Brazos County,Tex. THE STATE OF TEXAS COUNTY OF BRAZOS I WHEREAS, by Deed dated September 27th, 1920, and recorded in the Deed Records of Brazos County, Texas, in Volume 53, page 518,Frank Vavra, joined by his wife, Mary Vavra, of Brazos County, Texas conveyed to H. P. Dansby, of Brazos County, Texas, Two Hundred and Eighty (280) acres of land, more or less, situated in the R. Carter League in Brazos County, Texas, retaining in said deed a vendor's lien securing the payment of four (4) certain vendor lien notes, of even date with said deed, and executed by said H. P. Dansby in part payment for said land said notes being for the sun of Fourteen Hundred Dollars ($1400.00) each, and payable to said Frank Vavra or order on or before September 27th, 1921, 1922, 1923, and 1924, respectively; reference being here made to said deed and its said record for further description of said land and notes; and WHEREAS, afterward by mere transfers the first one of said .notes, to -wit: the said note payable on or before said September 27th, 1921, was duly transferred to Mrs. W. T. Goode, a widow, and has since been paid; and WHEREAS the remaining three (3) of said notes, to-wit: said three (3) notes for the sum of $1400.00 each, payable on or before September 27th, 1922, 1923 and 1924 respectively have been fully paid to me, the said Frank Vavra in full satisfaction of said lien; now THEREFORE, I, the said Frank Vavra, being the legal owner and holder of said last three mentioned notes, to -wit: said notes payable on or before September 27th, 1922, 1923, and 1924 respec- tively, at the time of their said payment do hereby acknowledge the full and final payment of same by said H. P. Dansby, and do hereby release said land and every part thereof from the said vendor's lien heretofore existing on same by virtue of said deed and notes, and do declare said notes fully paid off and said land released from said lien so fnr as it applies to said three notes so paid to me as aforesaid, but no further. Witness my hand at Bryan, Texas, this 28th day of August, A.D. 1922. Frank Vavra THE STATE OF TEXAS COUNTY OF BRAZOS 1 BEFORE ME, Robert Armstrong, a Notary Public in and for Brazos County, Texas, on this day per- sonally appeared Frank Vavra, known to me to be the person whose name is subscribed to the foregoing instrument, and he acknow- ledged to me that he executed the same for the purposes and con- siderations therein expressed. Given under my hand and seal of office at Bryan, Texas, this the 28th day of August, A. D. 1922. (SEAL) Robert Armstrong, Notary Public in and for Brazos County,Texas. -49- T. B. Collins et ux I Dated December 26th, 1882, to f Filed January 4th, 1883, Feco.ded in Volume X, page 69 Janes Cooper Deed Records, Brazos County,Texas THE STATE OF TEXAS COUNTY OF BRt ZCS I KNOW ALL MEN BY THESE PRESENTS: That we, T. B. Collins and his wife, P.A.E. Collins, of the State and County aforesid, for and in consideration of the sun of Fifteen Hu:,dred Dollars to us in hand paid by Janes Cooper of said Cola ty and State, the receipt of which is here- by acknowledg cd, h .ve GRANTED, BARGAINED, SOLD, RELEASED and CONVEYED, and do by the Grant, Bargain, Sell, Release and Convey unto the said James Cooper, his heirs and assigns forever, the following described property, to -wit: A certain tract or parcel of land situated in the County of Brazos, a part of the Richard Carter Headright League, and more particularly described as follows: BEGINNING at West corner of Lot No. 1, a stake in South West longue line; THENCE N 45 E with the northwest line of Lot No. 1, 2432 vs to North corner of sane; THENCE North 45 W 1550 varas to stake in North West line Cron which a post oak 10 inches in diameter brs South 37i East 5 varas, and another 3 inches in diameter brs South 20 West 5 val1s; THENCE South 45 W 2432 varas with said line to west corner of tract in South East league line; THENCE South 45 East 550 varas to the Beginning, and con- taining two hundred and thirty seven acres, more or less, to- gether with all and singular the rights, members, improvements, hereditanents and appurtenances to the sane belonging or in anywise appertaining. TO HAVE AND TO HOLD the same to his, the said Manes Cooper, his heirs and assigns forever. And we, the said T. B. Collins, and his wife, P.A.E. Collins, do hereby bind ourselves, our executors and administrators to Warrant and Defend the title to all and s'.n.gul.ar the sane to him, the said James Cooper, his heirs and assigns forever against the lawful claims of all persons whensoever claiming or to claim the same or any part thereof. Witness our hands this Decr. 26, A. D. 1882. T. B. Collins P.A.E.Collins -50- THESTATE OF TEXAS COUNTY OF BRAZOS 0 BEFORE ME, D. C. Barmore, County Judge, in and for Brazos County, Texas, on this day personally appeared T. B. Collins and his wife, P.A.L.Collins,khown to me to be the persons who_ names are subscribed to the foregoing instrument, and acknowledged to me that they had executed the same for the purposes and considerations therein expressed. And the said P.A.E. Collins, wife of the said T. B. Collins, being examined by me privily and apart from her husband, and have the same fully explained to her, she the said P.A.E. Collins, acknowledged such instru- ment to be her act and deed and declared that she had signed the same without any fear or compulsion on the part of her husband, and did not wish to retract it. Given under my hand and seal of the County Court of Brazos County, December, 1882. (SEAL) D. C. Barmore, Co. Judge B. C. -51- Janes Cooper I D E E D, I Dated August 10th, 1893, to § Filed August 30th, 1893 Recorded in Volume 11, page 639, Wincentz Kapczynski I Deed Record,BrazosCounty,Texas. THE STATE OF TEXAS COUNTY OF BRAZOS I KNOW ALL MEN BY THESE PRESENTS: That I, James Cooper, of the County of Brazos, State of Texas, for and in consideration of the sum of Twenty Three Hundred and Seven ($2370.00) Dollars to be paid by Wincentz Kapczynski, as follows: Three Hundred and Seventy ($370.00) Dollars on December lst, 1893; $200.00 on December 1st, 1894;$200.00 on December lst, 1895; $200.00 on December 1st, 1896;$200.00 on December 1st, 1897; $200.00 on December 1st, 1898; $200.00 on Decenber 1st, 1899; $200.00 on December lst, 1900; $200.00 on December 1st, 1901; $200.00 on December lst, 1902; $200.00 on December 1st 1903, all of said notes to bear interest at 10 per cent from date; have GRANTED, SOLD and CONVEYED, and by these presents do Grant, Sell and Convey unto the said Wincentz Kapczynski, of the County of Brazos, State of Texas, all that certain tract or parcel of land sitauted in the County of Brazos and a part of the Richard Carter League and more particularly described as follows: BEGINNING at the East cor of Lot No. 1 out of the 880i- acres partitioned among the heirs of Mary Ann Reed, a stk in said league line; THENCE North 45 E with the North West line of Lot No. 1 2432 vrs to North cor of sane; THENCE North 45 West 550 vrs to stk in North West line of the said 8804 acre tract, from which a post oak 10 in. in dia brs S 37* East 5 vrs and another 3 in. in dia brs S 20 W 5 vrs; THENCE 45 vrs 2432 vs with said line to the West cor of said tract in South East league line; THENCE S45 E 550 vrs to the BEGINNING, containing 237 acres of land, more or less, and being Lot No. 2 set apart to Mrs. P.A.E. Collins in ttupartition of the 8804 acre tract of record in the Minutes of the District Court, Book F, page 480. TO HAVE AND TO HOLD the above described preniees, together with all and singular the rights and appurtenances thereto in anywise belonging unto the said Wincentz Kapczynski, his heirs and assigns, forever; and I do hereby bind myself, heirs, exe- cu and administrators to Warrant and Forever Defend all and singular the said premises unto the said Wincentz Kapczynski, claiming or to claim the same or any part thereof. But it is expressly agreed and stipulated that the Vendor's Lien is retained against the above described property, premises and improvements until the above described notes and all inter- est thereon are fully paid according to their face and tenor,read ing and effect, when this deed shall become absolute. -52- • Witness my hand at Bryan this 10th day of August, H.D. 1893. JamesCooper THE STATE OF TEXAS COUNTY OF BRAZOS § BEFORE ME, A. G. Beard, District Clerk in and for Brazos County, Texas, on this day personally appeared Janes Cooper, known to ne to be the person whose nave is subscribed to the foregoing instrument and acknowledged to ne that he executed the sane for the purposes and consideration therein expressed. Given under my hand and seal of office this 10th day of August, A. D. 1893. A. G. Beard, C.D.C.B.C. (SEAL) -53- r -------- 0 Wincentz Kapczynski 1 D E E D, 1 Dated December 15th, 1894; to I Filed December 27th, 1894, 1 Recorded in Volume 14, page 67, James Cooper 1 Deed Records, BrazosCounty,Texas. THE STATE OF TEXiS 1 COUNTY OF BRAZOS 4 1 KNOW ALL MEN BY THESE PRESENTS: That I, Vincentz Kapczynski of the County of Brazos, State of Texas, for and in follows: Dollars to me in hand paid My certain ten promissory notes for sum of Two Hundred dollars each, dated 10th day of August, 1893, and due and payable respectively on Dec. 1st, 1894, 1895, 1896, 1897, 1898, 1899, 1900, 1901, 1902, and 1903, and which were executed by ne in part payment of the hereinafter described tract of land, and are now surrendered to ne, cancelled by the said Cooper, and in consideration thereof I reconvey back to said James Cooper the said land heretofore conveyed to me by him, have GRANTED, SOLD and CONVEYED, and by these presents do Grant, Sell and Convey unto the said Janes Cooper of the County of Brazos, State of Texas, all that certain tract or parcel of land situated in the County of Brazos and a part of the Richard Carter Headright League, and more particularly described as follows, to -wit: BEGINNING at the Wcrn�hoheirs out 880+ acres pa titione d among the in the S. W. league line; THENCE N 45 E with the N.W. line of Lot No. 1, 2432 view to North of sane; THENCE N 45 W 550 vs to stale in N. W. line of the said 880+ acres tract from which a P.O. 10 inch in dia brs S 37i E 5 vrs and another 3 inch in dia brs S 20 W 5 vrs; THENCE S 45 W 2432 vs with said line to the W corner of said tract in S.E. league line; THENCE S 45 E 550 vrs to the PIS "iCE OF BEGINNING, contain- ing 237 acres of land, more or less, and being Lot No. 2 set apart to Mrs. P.A.E.Collins in the partition of the 880+ acre tract of record in the Minutes of the District Court, Book F, page 480. TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging, unto the said James Cooper, his heirs, exe- cutors and administrators to warrant and forever defend, all and singular, the said premises unto the said James Cooper, his heirs and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. Witness ny hand at Bryan this 15th day of December A.D. 1894. Wincentz Kapczynski -51- THE STATE OF TEXAS BEFORE ME, J. W. Barren , Clerk COUNTY OF BRIZOS of the County Court in and for Brazos County, Texas, on this day personally appeared V incentz Ke.pczynski, known to me to be the person whose name is subscribed to the foregoing instru- mdnt, and acknowledged to me that he executed the sane for the purposes and consideration therein expressed. Given under my hand and seal of office this 15th day of December, .. D. 189 (SEAL) J. W. Barron, C.C.C.B.C. -55- James Cooper RELEASE 0 Dated May 5th, 1911, to Filed nay 51;:c, :1Y 11, 0 Recorded in Volume 3 pr-E Wincentz Kapczynski 0 525, Rel.ea;e Re.ords, Brazos County, Texas THE STATE OF TEXAS 0 COUNTY OF BRAZOS 0 WHEREAS, by Deed dated August 10th, 1893, and recorded in the Deed Records of Brazos County, Texas, in the Deed Records of Brazos County, Texas, in Volume '11" page 639, James Cooper of Brazos County, Texas, conveyed to Wincentz Kapczynski two hundred and thirty seven (237) acres more or less of land situated in the Richard Carter League in Brazos County, Texas, retaining in said Deed a vendor's lien securing the payment of eleven (11) certain vendor lien notes executed by said Wincentz Kapczynski to said James Cooper in payment for said land, one (1) of said notes being for the sum of Three Hundred and Seventy Dollars ($370.00), and the reaminin _ ten (10) of said notes being for the sum of Two Hundred Dollars (p200.00) each, reference being here made to said deed and its said record for further description of said land and notes; and VHEi3EAS, said Wincentz Kapczynski, paid to me the said note for Three Hundred and Seventy Dollars ($370.00) together with all interest accrued; and WHEREAS, said Wincentz Kapczynski, being unable to pay said remaining ten (10) of said notes for the sum of Two Hundred Dollars ($200.00) each, afterwards reconveyed said land to me, the said James Cooper, in full settlement and payment of said last menti'n- ed ten (10) n)tes, and I thereupon cancelled and returned said notes to said Wincentz Kapczynski; now THEREFORE, I, the said James Cooper, being the legal owner and holder of each and all of said above mentioned eleven (11) notes at the time of their said payment and settlement as aforesaid, do here `.ter declare each and all of said notes fully maid off and settled as aforesaid, and do hereby release said land from said vendor's lien above mentioned, and declared said lien and notes fully paid :;ff, settled and forever discharged and released. Witness my hand at Bryan, Texas, this the 5th day of May A. D. 1911. James Cooper THE STATE OF TEXAS 0 COUNTY OF BRAZOS 0 BEFORE ME, Ed Hall, a Notary Public in and for Brazos County, Texas, on this day personally appeared James Cooper, known to me to be the pers )n whose name is subscribed to the fore- going instrument, and he acknowledged to me that he executed the same for the purp,ses and consideration therein expressed. Given under my hand and seal of office, at Bryan, Texas, this the 5th day of May, 1911. Ed Hall, Notary Public in and (SEAT) for Brazos Co -;aty, Texas James Cooper D E E D, 9 Dated May 5th, 1911, to Filed May 5th, 1911, 0 Recorded in V)J.uwe 3; . page 610. H. P. Dansby Q Deed Records, Brazos Counry Texas. THE STATE OF TEXAS COUNTY OF BRAZOS Y1TOW ALL MEN BY THESE PRESENTS: That I, James Cooper, of the County of Brazos, Sate of Texas, for and in consideration of the sum of Seven Thousand and No /100 Dollars to me paid and secured to be paid by H. 2. Dansby as follows, to -wit: evidenced by two (2) certain vendor's lien notes of even date herewith executed by said H, 2. Dansby, said two (2) notes being for the sum of Thirty -five hundred dollars (3500.00) each and payable to me, James CBopor, or order, at Bryan, Brazos County, Texas, on or before Janry 1st, 1912 and 1913, respectively, each - f said notes bearing interest from date at rate of eight (8 %) per cent per annum, interest pay- able January 1st, 1912, and annually thereafter as it accrues, and all past due interest bearing interest fram the maturity thereof until paid at rate of eight (8) % per annum, and each of said notes providing that failure to pay same or any in- stallment of interest thereon when due shall at the election of the holder of either of said notes mature both of same, and each :af said n utes further providing that if it be not paid at maturity and be placed in the hands of atty for collection or be collected by suit or through the Probate Court an additional amount of ten ?er cent on the principal and in- terest then owing thereon shall be added to the same as attorney's fees; have GRANTED, SOLD and CONVEYED, and by these presents do Grant, Sell and Convey unto the said H. 2. Dansby of the County of Brazos State of Texas all that certain tract or parcel of land lying and being situated in the Richard Carter League in Brazos County, Texas, and further described as follows, to -wit: BEGINNING at the west corner of Lot No. 1 out of a tract of 8804 acres partitioned among the heirs of Mary Ann Reed in District C_urt of Brazos County, Texas, a stake set in S. W. league line; THENCE N. 45 E. withthe N. W. line of Lot No. 1 2432 varas to North corner of same; THENCE N. 45 W. 550 varas to stake in N. W. line of said 8804 acre tract from which a P. 0. 10 ins. in dia. brs. S. 372 E. 5 vrs and another 3 ins. in dia brs S. 20 W. 5 vrs; THENCE S 45 tr 2432 vrs with said line to the west corner of said tract in S. W. league line; THENCE S 45 E 550 varas to the PLACE OF BEGINNING, containing Two Hundred and Thirty Seven (237) acres of land, more or less, and being Lot No. 2 set apart to Mrs. P. A. E. Collins in the partition of said 8804 acre tract as shown by decree of the District Court of Brazos County, Texas, recorded in the Civil Minutes of said Court in Volume F, page 480, and being the SPr land described in Deed from Mrs. P. A. E. collins and husbar _._, T. B. Collins, to me, James Cooper, dated December 26th.. and recorded in Deed itecords of Brazos County, Texas -57- in Volume X, at page 69, which said land was afterwards conveyed by me James Cooper, to Wincentz Kapchinski and later reconve7ed to me by said Wmzt. Kapczynski, referenco being here made to soil decree of said District Court and to said deeds and their said records for further description of said land hereby conveed., TO HAVE AND TO HOLD the above and described premises, together with all and singular the rights and a , urtenances thereto in anywise belonging unto the said H. P. Dansby, his heirs and assigns forever. And 1 do hereby bind myself, my heirs, executors and administrators to Warrant and Forever Defend, all and singular the said premises unto the said H. P. Dansby, his heirs and assicns against every pers2n whomsoever lawfully claiming or to claim the same or any part thereof. But it is expressly agreed and stipulated that the vendor's Lien is retained acainst the above described property, premises and impr)vements until the above described notes, and all interest thereon are fully paid, according to their face and tenor, effect and readin[, when this deed shall become absolute. Witness my hand at Bryan, Texas, this 5th day of May 4t. D. 1911. James Cooper THE ST.LTE OF TEXAS COUNTY OF BR ZOS BEFORE ME, Ed Hall, a Notary , ublic in and for Brazos, County, Texas, on this day personally appeared Janes Cooper, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. Given under my hang' and seal of office this 5th day of May, A. D. 1911. E? Hall, a Notary Public in and for Brazos Cunty, (STEAL) Texas. • -58- • James Cooper RELEASE Dated November 17th, 1911; to Filed November lSth, 1911, Recorded in Volume 5, page 277, H. P. Dansby I Release Records, Brazos ciounty Texas THE STATE OF TEXAS i COUNTY OF BRAZOS WHEREAS, by Deed dated May 5th, 1911, recorded in the County Clerk's office of Brazos County, Texas, in Book 33, page 610 of deed records of Brazos County, Texas, James Cooper conveyed to H. P. Dansby of Brazos County, Texas, Two Hundred and Thirty seven (237) acres, more or less, of land situated in the Richard Carter League in Brazos County, Texas, and fully described in said deed, to which reference is hereby made, retaining therein a Vendor's Lien, securing payment of Seven Thousand and No /100 Dollarsfor which said H.P. Disby executed two promissory notes of even date with said deed said notes being for the sum of Thirty Five Hundred Dol]a rs 03500.00) each, payable to Tames Cooper or order on or before January 1st, 1912, and 1913, respectively, reference being here made to said deed and its said record for further description of said land and notes; and ':IH REAS, said H.P. Dai sby has paid the said note in full satisfaction of said incumbrance; nom THEREFORE, I, the said James Cooper, being the legal owner and holder of the above described notes at the time of their payment, do hereby release the above described property from the vendor's lien aforesaid, and declare the same extinguished. IN VIITNESSWFERLOF I have hereunto set my name at Bryan, Texas, this 17th day of Nowember, 1911. James Cooper THE STATE OF TEXAS COUI'TY OF BRAZOS i BEFORE ME, W. P. Bryan, a Notary Public in and for said County and State, on this day personally appeared James Cooper, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office, this 17th day of November, A.D. 1911. W. P. Bryan, Notary Public in and for Braz® County, Texas. (SEAL) -59- ! i H. 1'. Dansby a RIG' CF TAY to Dated July 19th, 1919, Humble Pipe L'.ne Company ( Fti.eu 191 ) , Hecer ed in Volume 49 page 19 Deed rtecora 9 .�razos �ounty, T.exas Vor and in consideration of the elm of e5ghty one & 07/100 dollars to the undecsigne owners p:i ';h F; reeeip t of which le hereby acknowledged, the undersigned hereby grr.t to Humble Pipe Line Company, organ1 z ed and existing under the l aws of the State of Texas, its sneflesscxes or assigns, the right of way to lay, maintain, operate any'., remove a pipe line for the transportation of oil or gas, togethe:c with the right or ingress and egress on, over and through the following described lands situate in Brazos County and State of Texas, In Righard Carter Survey, The said undersigned owners their heirs or assigns to fully use and enjoy the said premises, except as the same may be nec- essar for the purposes herein granted to the said Humble Pipe Line Company, its successors or assign_. The said Humble Pipe Lino Company, its successors or assigns, hereby agrees to pay any damages which may arise from the laying, maintaining, operating or removing said pipe line said damage, if not mutually agreed upon to be ascertained and determined by three disinteres- ted persons, one thereof to be appointed by the owners of said lands, their heirs or assigns, one by Humble Pipe Line Company, its successors or assigns, and the third by the two so appointed as aforesaid, and the award of such three persons shall be final and conclusive. It is further understood and agreed that the said Humble Pipe Line Company, its successors or assigns, may at any time lay an additional lines of pipe alongside of the first line, as herein provided upon the payment of alike consideration for each additional line when laid and subject to the same rights and conditions. Said company, its successors and assigns to have the right to change the size of its pipes, the damage, if any, in making such change to be paid by the said Humble Pipe Line company, its successors or assigns. Humble Pipe Line Com- pany further agrees to bury and maintain all pipe lines so as not to interfere with the cultivation and drainage of said land. Humble Pipe Line Co. shall furnish a man to watch stock during construction if undersigned deems it necessary, or shall pay for man furnished by undersigned if he so desires. In witness whereof I have hereunto set my hand and seal this 19th day of July, 1919. H.P. Dansby THE STATE OF TEXAS COUNTY OF BRAZOS i BEFORE ME, the undersigned authority, on this day personally appeared H. P. Dansby, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he exeelled the same for the purposes and consideration there- in expressed. Given under my hand and seal of office, this 19th day of July, A. D. 1919. J. N. Dulaney, Notary Public in and for (SEAL) Brazos County, Texas. -60- • H. P. Dansby OIL AID GAS LEASE, to Dated January 18th, 1921, J. N. Goodwin, eta.l, Trustees Filed March 24th, 1921, Recorded in Volume 56, page 61, Deed Records, Brazos County, Texas. AGRE -ENT, made and entered into on the 1P3th day of January, 1921, by and between H P. Dansby of the County of Brazos, here- inafter called Lessor, and J. N. Goodwin and J. G elber, Trustees, hereinafter called Lessee: "lITNESSETH: That the said Lessor for and in consideration of One Dollar cash and other considerations, the receipt of which is hereby acknowledged, and of the covenants and agreements hereinafter contained on the part of the Lessee to be paid, kept and performed, have GRANTED, DEIIISED, LEASED AND LET and by those presents do GRANT, LEASE AND LET unto said Lessee for the sole and only purpose of mining and operating for oil, gas and othcr minerals, and of laying pipe lines, building tanks, power stations and such structures as may be needed thereon to produce, save and ta=le care of said product, all that certain tract of land situated in the County of Brazos, State of Texas, and described as follows, to -wit: 1st. Two hundred and eighty (280) acres of land, more or less, situated in the Richard Carter league of land in Brazos County, Texas, and being the same tract of land conveyed to me, the said H. P. Dansby by Frank Vavra, wife, be deed dated September 9th, 1920 and recorded in Volumn 53, page 518, of the Deed Records of said Brazos County, Texas. 2nd: Two hundred and thirty seven (237) acres of land more or less situated in said Carter League and being the same tract of land mare or less conveyed to me, the said H. P. Dansby, by James Cooper by deed dated dated May 5th, 1911, and recorded in Volumn No. 33, page 610 of said Deed Records. 3rd: One hundred and ninety acres of land, more or less, situated in said Carter league of land and being the same tract of land conveyed to me, the said H. P. Dansby by L. W. G. Burton etals by deed dated October 31st, 1903, and recorded in Volumn No. 28, pages 83, and 84, of said Deed Records. 4th: One hundred and twenty four (124) acres of land, more or less, situated in the J.W. Scott league of land in said Brazos County, Texas, and being the same tract of land conveyed to me the said H. P. Dansby by Rosa Stasta etals by deed dated November 10th, 1904, and recorded in Volumn 49, page 43 et seq., of said Deed Records. 5th: Ninety six (96) acres of land, more or less situated in said J. 1. Scott league and being the same tract of land con- veyed to my father, Noah Dansby, by John McCorquodale and wife by deed dated June 23rd, 1884, and recorded in Volumn no. Z, 157 et seq. of said Deed Records. 6th: One Hundred (100) acres of land, more or less, situated in said J. W. Scott league and being the same land conveyed to my father, Noah Dansby, by Amos Peters and wife by deed dated August 12th, 1886, and recorded in Volumn 2, page 480 of said Deed Records. 4 -61- Now 7th: Try ^nd Forty (240) acres of land, mor , or less, situated in th e B.B.B. & C. R.., Survey, Abstract No. P5, in said Brazos County, and being the same tract of land conveye.� to me, the said H.P. Dansby by D.G. Gibson by deed dated Dec. 13, 1915, and recorded in Vol. 44, page 335, of said Deed Records. Reference is made for above mentioned deeds for particular des- cription of said tracts. It is agreed that this lease shall remain in force for a term of five years from this date and as long thereafter as oil, gas or other minerals is produced from said land by the Lessee. In condideration of the premises the said Lessee covenants and agrees (1) to deliver to the credit of the Lessor, free of cost, in the pipe line to which they may connect their wells, the equal one - eighth (1/8) part of all oil produced and saved from the leased premises; (2) to pay the Lessor one hundred dollars each year in advance for gas from each well wher a gas only is found, while same is being used off the premises, and Le to have gas free of cost from any such well for all stoves and all inside lights for the principal house on all said land during the time by making their own connections with the well at their own risk and expense. (3) To pay Lessor for gas produced from any oil well used off the premises at the rate of Twenty - Five Dollars per year for the time during which said gas shall be used. (4) If any other mineral be found in paying quantities the Lessee shall pay to the Lessor at the rate of fifty cents per ton for all of such minerals mined and marketed from said land except in the case of lignite ten cents per ton shall be paid. It is understood and agreed that the Lessee shall have free use of wood and water from said land for all purposes of devel- opment and operations and shall have the right to build and repair tanks in the earth for storing water and shall have the right to build and erect storage tanks of earth and Bother mater- ial for the purpose of catching and storing oil on said premises. The Lessor herein and many of the land owners in this vici- nity desiring to have an oil well drilled on land in this terri- tory, and as it is an unproven and undeveloped field it is agreed that the drilling of a well by the Lessees or their assigns on any one of the tracts of land *which may be leased by them with- in Brazos County, Texas, shall be a sufficient consideration for this contract for the period of five years from this date. If, however, the Lessees herein or their assigns shall fail to begin drilling a well for oil, gas or to commence mining for other minerals on or within the County of Brazos on or before one year after the date hereof then this contract and lease shall be void, and shall not be considered any cloud or encumbrance on the land, but if the Lesseds or their assigns shall begin dril- ling a well for oil, gas or mining for dither minerals on or before one year on or within Brazos County, Then this lease shall be in full force and effect, provided that the work of development shall be prosecuted with diligence, taking into account the surroundings and conditions, but if a dry hole is drilled then another well shall be started within a reasonable time under like conditions and six months shall be considered a reasonalbe time. When requested by the Lessor, Lessee shall bury all pipe lines below plow depth. No well shall be drilled nearer then 200 feet of the house or barn now on -aid premiAos without the written consent of the Lessor, -62- Lessee shall pay for damages caused by all operations to growing crops on said laid. Lessee shall have the right at any time to remove all machinery and fixtures placed on said mises including the right to withdraw and re Pre - move casing. If the Lessor owns a less interest in the above described land than the entire and undivided fee simple estate therein then the royalties and rentals herein p2ovi0,ed shall be only in proportion to which their interest bears�ato theswholeeand sor undivided fee. If the estate of either party hereto is assigned and the privilege of assigning in whole or in part is expressly allowed, the covenants hereof shall extend to their heirs, executes, administrators, successors or assigns but no change in the owner- ship of the land or assignment of the rentals or royalties shall be binding on the Lessee until after the Lessee has been furnished with a written transfer or assignment or a copy thereof. The Lessor hereby warrants and agrees to defend the title to the land herein described and agrees that the Lessee shall have the right at any time to redeem for the Lessor b taxes or other liens on the above described by ent any mortgage And 'in the event of default of payrient by the Lessor and be subrogatedtotherights of the holder thereof. In testimony whereof we wign this the 18th day of January, A.D. 1921, THE STATE OF TEXAS H. P. Dansby COUNTY OF BRAZOS 1 County of Brazos a and State Notary Public in and for the nd State of Texas, on appeared H. P. Dansby, known to me to be the person is sub - scribed to the foregoing instrument and acknowledged to me that he executed the same for the pnrposes and consideration there- in expressed. Given under my hand and seal of office on this the 18th day of January, A. D. 1921. W. P. Trant, Notary Public in and for (SEAL) Brazos C ounty, Texas. -63- . 0 J.N. Goodwin etas, Trustees i ASSIGNMENT, to Dated April 30th, 1921, The Two Rivers Oil Company ) Filed June 16th, 1921, Recorded in Volume56, page 315. Deed Records, Brazos County, Texas. THE STATE OF TEXAS ) COUNTY OF BRAZOS ) KI;O ALL MEN BY THESE PRESENTS: That we, J.N. Goodwin, Josef Gelber, C.S. Gainer, and G.G. Griffin, of Brazos County, Texas, for ourselves, and as Trustees, as stated in said leases, for and in consideration of TEN & N0 /100 ($10.00) to us paid by The Two Rivers Oil Company do hereby transfer, assign and convey the leases held by us or any of us, jointly and severally, as hereinafter described, and all our rights, title and interest in said land hereinafter des- cribed by virtue of leases made to us unto the said THE TWO RIVERS OIL COMPANY, its successors and assigns. Said leases aro here referred to and made a part hereof, we herein transferring all rights and interest we have in said land by virtue of said leases to us. Said leases described as follows: (Here follows leases on land not needed in this abstract), FIFTY - SEVENTH A certain oil and gas mining lease made and entered into by and between H.P. Dansby, Lessor, and J.N. Goodwin and J. Gelber, Trustees, Lessees, on January 18th, 1921, covering the following described land, to -wit: 280 acres of land situated in R. Carter league in said County, conveyed to said Dansby by Frank Vavra and wife by deed dated September 9th, 1920, and recorded in Volumn 53, page 518, Deed Records of said County; also 237 acres of land situated in said Carter league conveyed to said H. P. D ri by by James Cooper by Deed dated May 5th, 1911, recorded in Volumn 33, page 610, of said Deed Records; 190 acres of land situated in said Carter league conveyed to said H. P. Dansby by E. W. G. Burton etals by deed dated October 31st, 1903, recorded in Volumn 28, pages 83,84 of said Deed Records; also 124 acres of land situa- ted in the J. 17 Scott league in said County conveyed to said Dansby by Rosa Stasta etals by deed dated November 10th, 1904 and recorded in Volumn 29, page 43, et seq., of said Deed Records; also 93 acres of land situated in said Scott League conveyed to my father, Noah Dansby by John McCorquedale and wife by deed dated June 23rd, 1884, recorded in Volumn D, page 157 of said Deed Recordd; also 100 acres of land situated in said Scotts league conveyed to my father, Noah Dansby, by Amos Peters tend wife by deed dated August 12th, 1886, and recorded in Volumn 2, page 480 of said Deed records; also 240 acres of land situated in the B. B. B. & C. R.R. Survey Abstract No. 85, in said County conveyed to said H. P. Dansby by D. G. Gibson by deed dated December 13th, 1915, and recorded in Volume 44, page 355, of deed records of said County, Total number of acres being 1267. (Her follows other land not needed in this abstract) -64- f � TO HAVE AND TO HOLD unto the said THE TWO RIVERS OIL COMPANY, its successors and assigns said lease and all rights and title acquired by us in said land by virtur of said leases. WITITESS our hands this the 30th day of April A. D. 1921. J. N. Goodwin Josef Gelber C. S. Gainer G. G. Griffin THE STATE OF TEXAS 1 COUNTY OF BRAZOS BEFORE ME, Mrs. Mary K. Beckwith, a Notary Public in and for Brazos County, Texas, on this day per- sonally appeared J. N. Goodwin, Josef Gelber, C. S. Gainer and G. G. Griffin, each known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they each executed the same for the purposes and consirerations therein expressed, and in the capacity therein stated. Given under my hand and seal of office this the 30th day of April A. D. 1921. Mrs. Mary K. Beckwith, Notary Public in and for Brazos County, Texas. (SEAL) -65- � r 1 The Two Rivers Oil Company RELEASE By J.N. Goodwin, President Dated May 23rd, 1925, W.F. Gelber, Secretary Filed June 12th, 1925, Recorded in Volume 10, to Page 367, Release Records, H. P. Dansby Brazos County, Texas THE STATE OF TEXAS COUNTY OF BR.':ZOS 0 KNOT LLL MEN BY THESE PRESENTS: That the Two Rivers Oil Company, a corporation, duly incorporated under and by virtur of the laws of the State of Texas, acting herein by and through its President, J.N.Goodwin, and by its Secretary, V. F. Gelber, and under and by authority of a resolution duly passed by the Board of Directors and said Company on the 22nd day of April, 1925, and shown of record in Volume 1, page 76, of the iainutes of said Board of Directors, for and in consideration of the sum of One and No /100 (01.00) Dollars to us cash in hand paid by H. P. Dansby, the receipt of which is hereby acknowledged, and other good and valuable consider- ations do hereby release unto the said H. P. Dansby all of the right, title and interest of The Two Rivers Oil Compaa y, of Br p n, Brazos County, Texas, in and to the following described tracts of land, to -wit: 1st: Two Hundred and eighty (280) acres of land, more or loss, tituated in the Richard Carter league of land in Brazos County, Texas, and being the same tract of lend convoyed to me, the same H. P. Dansby by Frank Vavra, wife, by deed dated September 9th, 1920 and recorded in Volume 53, page 518, of the Deed Records of said Brazos County, Texas. 2nd: Two Hundred and thirty seven (237) acres of land, more or less, tituated in said Carter league and being the same tract of land conveyed to me, the said H. P. Dansby by James Cooper by deed dated May 5th, 1911, and recorded in Volume No. 33, page 610, of said Deed Records. 3rd: One Hundred and Ninety acres of land, more or less, situated in said Carter league of land and being the same tract of land conveyed to me, the said H.P. Dansb:r by E.J. G. Burton etals by deed dated October 31st, 1903, and recorded in Voluma No. 28, pages 83 and 84, of said Deed Records. 4th: One hundred and twenty four (124) acres of land, more or less situated in the J. 'J. Scott league of land in said Brazos County, Texas, and being the same tract of land conveyed to me, the said H. P. Dansby by Rosa Stasta etals by deed dated November, 10th, 1904, and recorded in Volume 49, page 43, of said Deed Redords. 5th: Ninety six (96) acres of land, more or less, situated in said J. 1 7. Scott league and being the same tract of land con- veyed to my father, Noah Dansby by John McCorquodale and wife, by deed dated June 23rd, 1884, and recorded in Volume No. Z, page 157, et seq., of said Deed Records. 6th: One Hundred (100) acres of land, More or less, situated in said J. 77. Scott league and being the same land convoyed to my father, Noah Dansby, by -cos Peters and wife by deed dated August 12th, 1886, and recorded in Volume 2, page 480 of said Deed Recorn.s, 7th: Two Hundred and forty (240) acres of land, more or less, situated ih the B. B. B. & C. R.R. Survey Abstract No, 85, in said Brazos County, and being the same tract of land conveyed to me the said H.P. Dansby by D. G. Gibson by Deed dated Dec. 13, 1915, and recorded in Vol. 44, page 335, of said Deed Records, reference is made for above mentioned deeds for particular description of said tracts. Said tracts of land being fully described in an oil and as contract dated January 18, 1921, and recorded in Volume 56, page 61, Brazos County Decd Records, to which reference is made in aid of more particular description, said lease being given by Horace Dansby to J. N. Goodwin and J. Gelber, Trustees, and later assigned by the said J. N. Goodwin, J. Gelber to the said The Two Rivers Oil Company. And it is hereby distinctly understood .and agreed that all of the right, title and i. terest of the said The Two Rivers Oil Company is hereby cancelled in and to said land by virtue of said original lease contract. In witness whereof, the Two Rivers Oil Company has caused these presents to be signed by its president, J. N. Goodwin attested by its secretary, T. F. Gelber, and its corporate seal to be affixed hereto on this the 23rd day of May, A. D. 1925. T he Two Rivers Oil Co. By J.N. Goodwin, Pres. W.F. Gelber, Sect. ATTEST: THE STATE OF TEXAS COUNTY OF BRAZOS BEFORE ME, the undersigned authority, on this day personally appeared J. N. Goodwin and W. F. Gelber, president and secretary, respectively, of the Two Rivers Oil Company of Bryan, Brazos County, Texas a corporation, known to me to be the persons whose names are sub- scribed to the foregoirg Instrument, and severally acknowledged to me that they executed the same for the purposes and consideration therein expressed, in the capacities therein stated, and as the act and deed of the said corporation. Given under my hand and seal of 6ffice this the 4th day of June, A. D. 1925. W. S. Barron, Notary Public in and for Brazos County,Texas. (SEAL) -67- H.P. Dansby OIL AND GAS LEASE to Dated September 17th, 1924, Roy Nunn 0 Filed September 20th, 1924, Recorded in Volume 65 page 180, Deed Records, Brazos county, Texas. THE STATE OF TEXAS EOUNTY OF BRAZOS 1 KNO'J ALL MEN By THESE PRESENTS: That this Agreement, m ^de and entered into the 17th day of September, 1924, by and between H. P. Dansby of Brazos County, Texas, hereinafter called lessor (whether one or more), and Roy Nunn, hereinafter called lessee, Withesseth: That the said lessor, for and in consideration of One Hundfed and No /100 4100.00) Dollars, cash in hand paid, the receipt of which is hereby acknowledged, and the covenants and agreements hereinafter cont.ined on the part of lessee to be paid, kept and perfomred, have granted, demised, leased and let, and by these presents do grant, lease and let unto the said lessee for the sole and only prupose of mining and operating for oil and gas and of laying pipe lines and of building tanks, power stations and structtres thereto to produce save and tdc e pare of said products, and undivided one -half (1/2) interest in and to all these certain tracts of land situated in the County of Brazos, State of Texas, described as follows, to -wit: First Tract: All that certain tract or parcel of land in Brazos County, Texas, being 190 acres of land, more or less, in the Richard Carter league in said Brazos County, Texas, and in that part of said league set apart to Mrs. Geraldine Kelly in the partition of the league, BEGINNING at the North or upper corner of the James Cooper tract on Carter's Creek; THENCE run S 45 W 1000 vrs with the S. E. line of the tract partitioned among the heirs of W. Reed, T. A. E. Collins and Mrs. G. Kelly to E. Corner of Lot 1 in that partition; THENCE N 45 W 1200 ors, with N. E. lino of Lots 1 and 2 to corner of Lot 2 in that partition; THENCE N 45 E with N. W. line of said tract partitioned 880 vs. to mid channel of Carter's Creek; THENCE down said creek as it meanders to the BEGINNING, being the same tract of land conveyed to H. P. Dansby by E. B. W. Burton etals by Deed dated November 5, 1903, recorded in Volume 28, page 83, Brazos County Deed Records, Second Tract: All that certain tract or parcel of land lying and being situated in the Richard Carter League in Brazos County, Texas, and further described as follows, to -wit: BEGINNING at the ?"Jest corner of Lot No. 1 out of a tract of 8804 acres partitioned among the heirs of Mary Ann Reed in District Court of Brazos County, Texas, a stake set in S, E. League line. THENCE N 45 E with the N. W. line of Lot No. 1 2432 varas to North corner or same; THENCE N 45 W 550 vrs. to stake in N. W. line of said 8804 acre tract from which a P. 0. 10 in. in. dia. brs. S 372 E 5 vrs. and another 3 ins. in dia. brs. S 20 W 5 703; THENCE S 45 W 2432 varas with said line '`o the West corner of said tract in S. W. league line; THENCE S 45 E 550 varas to the PLACE OF BEGINNING, containing Two Hundred and Thirty Seven (237) acres of land, more or less, and being Lot No. 2 set apart to Mrs. P. A. E. Collins in the partition of said 8804 acre tract, being the same tract of land conveyed to H. P. Dansby by James Cooper by Deed dated May 5 1911, Recorded in Volume 33, page 610, Deed Records, Brazos Uounty, Texas. Third Tract: All that certain tract or parcel of land lying and being situated in the R. Carter league in Brazos County, Texas, and being the interest of Mary Mitchell (nee Reed) and Stephen Reed set opart to them in suit No. 1729 on the Civil Docket of the District Court of Brazos County, Texas, styled G. Kelly vs. P. A. E. Reed etals, the same being Lot No. 1 set apart in said suit to said Mary and Stephen Reed, and further described as follows, to -wit: BEGINNING at the South corner of said tract, the same being the west corner of a tract owned by James Cooper at a stake in S. E. league line; THENCE run N 45 E 2432 varas, with S. E. line of said tract and corner from which a P. 0. 6 ins. in dia. brs. South 5 varas, and another bears S 67 W 7 varas; THENCE N 45 W 650 varas and corner, from which a P. 0. 14 ins. in dia. brs. S872 W 6 varas, another 12 ins. in dia. brs. N 24 W 4 varas; T HENCE S 45 W 2432 varas and corner in league line; THENCE S 45 E 650 varas to the PI CE OF BEGINNING, contain- ing Two Hundred and Eighty (280) acres of land, more or less, and being the same lannd conveyed to H. P. Dansby by Frank Vavra by dded dated September 28, 1920, Recorded in Volume 53, page 518, Deed Records, Brazos County, Texas, and contd ping 707 acres, more or less. It is agreed that this lease shall remain in force for a term of 5 years from this date, and as long thereafter as oil or gas, or either of them is produced from said land by the lessee. In consideration of the premises the said lessee covenants qnd agreed: 1st: To deliver to the credit of Lessor, free of cost in the pipe line to which he may connect his wells, the equal one - eighth part of all oil produced and saved from the leased premises. 2nd: To pay the lessor rifty Dollars each year in advance for the gas from each well where gas only is found, while the same is being used off the premises, and lessor to have gas free of cost from any such well for all stoves and all inside lights in the principal dwelling house on said land during the time by making his own connections with the well at his own risk and expense. -69- 3rd: To pay lessor for gas produced from any oil well used off the premises at the rate of One Hundred ($100.00) Dollars per year, for the time during which such gas shall be used, said payments to be made each three months in advance. If no well be commence_ on said land on or before the 17th day of September 1925, this lease shall terminate as to both parties, unless the lessee on or before that date shall pay or tender to the lessor, or to the lessor's credit in the First State Bank & Trust Company of Bryan, Texas, or its successors, which shall continue as the depository, regardless of changes in the ownership of said land, the sum of One Dollar 01.00) per acre which shall operate as rental and cover the privilege of deferring the commencement of a well for 12 months from said date. In like manner and upon like payment or tenders the commencement of a well may be further deferred for like periods of the same number of months successively. And it is under- stood and agreed that the consideration first recited herein, the down payment, covers not only the provilege granted to the date when said first 'rental is payable as aforesaid, but also the lessee's option of extending that period as aforesaid, and any and all other rights conferred. Sohould the first well drilled on the above described land be a dry hole, then and in that event, if a second well is not commenced on said land within twelve months thereafter, this lease shall terminate as to both parties, unless the lessee on or before the expiration of said twelve months shall resume the payments of rentals in the same amount and in the same manner as hereinbefore provided. And it is agreed that upon the re- sumption of the payment Bf rentals, as above provided, that the last preceeding paragraph hereof, governing the payment of ren- tals, and the e• •ect .hereof, shall continue in force just as though there had been no interruption in the rental payments. If said lessor owns a less interest in the above described land than entire undivided fee simple estate therein, then the royalties and rentals herein provided for shall be paid the said lessor only in proportion which has interest bears to the whole and undivided fee. Lessee shall have the right to use, free of cost, gas, oil and water produced on said land for all operations thereon, except water wells of lessor. When requested by lessor lessee shall bury his pipe line below plow depth. No well shall be drilled nearer than 200 feet to the house or barn now on said premises without the written consent of the lessor. Lessee shall pay for damages caused by all operations to growing corps on said land. Lessee shall have the right at any time to remove all machinery and fixtures placed on said premises, including the right to draw and remove casing. If the estate of either party hereto is assigned, and provilege of assigning in whole or in part is expressly allowed the covenants hereof shall extend to their heirs, executors, administrators, successors, or assigns, but no change in the ownership of the land or assignment of rentals or royalties shall be binding on the lessee until after the lessee has been fur- nished with a wr; transf r or assignment, or a copy thereof; -70- NMI and it is hereby agreed that in the event that this lease shall be assigned as to a part or as to parts of the above described lands and the assignee or assignees cr such part or parts shall fail or make default in the payment of the proportionate part of the rents due from him or them, such default shall not operate to defeat or affect this lease so far as it covers a part or parts of said lands, upon which the said lessee or any assignee therof shall make due payment of said rental. Lessor hereby warrants and agrees to defend the title to the lands herein described and agrees that the lessee shall have the right at any time to redeem for lessor, by payment any mortgages, taxes, or other liens on the above described lands, in the event of default of payment by lessor, and be subrogated to the rights of the holder thereof. In testimony whereof, we sign this the 17th dey of September 1924. : H. P. Dansby THE ST.'.TE OF TEXAS 0 COUNTY OF BRAZOS ) BEFORE ML, W. S. Barron, a Notary Public in and for County of Brazos, and state of Texas, on this day personally appeared H. P. Dansby, known to me to be the persons whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the pruposes and consideration therein expressed. Given under my hand and seal of office this the 17th day of September, A. D. 1924. W. S. Barron, Notary Public in and for Brazos County, Texas. (SEAL) -71- Roy Nunn RELEASE to Dated March 4th, 1939, H. P. Dansby Q Filed March 7th, 1939, Recorded in Volume 15, Page 240, Release Records Erazos County, Texas. THE STLTE OF TEXAS COUNTY OF BRAZOS KNOW ALL ELN BY THESE PRESENTS: That I, Rcy Nunn, for and in consideration of One and No /100 ($1.00) Dollars, cash in hand paid, the receipt of which is hereby acknowledged, does hereby release, relinquish and surrender to H. P. Jansbv, his heirs or assigns, all right, title and interest in and to a certain oil and gas mining lease made and entered into by and between H. P. Dansby, of Brazos County, Texas, as lessor, and Roy Nunn, as lessee dated the 17th day of September 1924, covering the following described land in the County of Brazos and State of Texas, to -wit: 4 being three tracts of land in Brazos County, Texas, and described as follows: - First Tract: 190 acres of land out of the Richard Carter League, Brazos County, Texas, and described in a deed from E. B. W. Bur- ton, etals, to H. P. Dansby, dated November 5, 1903, and recor- ded in Volume 28, page 83 of the Brazos County Deed Records, to which reference is hereby made in aid of description. Second Tract: 237 acres of land out of the Richard Carter League, Brazos County, Texas, and described in a deed from James Cooper to H. P. Dansby, dated May 5, 1911, and recorded in Vol- ume 33, page 610, of the Deed Records of Brazos County, to which reference is hereby made in aid of description. Third Tract: 280 acres of land out of the Richard Carter League), Brazos County, Texas, and described in a deed from Frank Vavra and wife to H. P. Dansby, dated September 28, 1920, and recorded in volume 53, page 518, of the Deed Records of Brazos County, Texas, to which reference is hereby made in aid of description, said lease being recorded in the office of the County Clerk in and for said County, in Book 65, at page 180, of the Deed Records of Brazos County, Texas. In Witness Whereof, the undersigned owner and releasor has signed this instrument this 4th day of March, 1939, Roy Nunn THE STATE OF TEXAS 1 COUNTY OF BRAZOS 0 BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared Roy Nunn, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to the that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY IIAND AND SILL OF OFFICE this the 7 day of March, A. D. 1939. Mrs. Bess Barron, Notary Public in and for Brazos County, Texas. (SEAL) -72- The following information concerning H. P, Dansby, Deceased, was taken from the De^ th Record at the C1,;7 Hal] Bryan, Brazos County, Tex.as,l 1, page; 86: Full name of Deceased... ..... ----Horace '. Dansby, Sr. Residence of the Deceased i3rypn, Tex ^s. Sex Male Color or Race Single, married, widowed, divorced Married Husband of Mrs. Minnie Dansby Date of Birth October 18, 1877 Age 58 years Trade Farmer and Stockman Informant Norman g. Dansby Burial Place Steep Hollow Undertaker Charles F. Hillier Medical Certific^.te of Death Date of Date h.pril 3, 1936 Cause of Death Coronary occlusion (signed) Dr. L. 0. .1.1kcrson, M. D. -73- • J. Sidney Smith, r,:.; AF17DAVIT, Dit,od March 4th, 1939, to Fil::r May 1? h, 1939, Recordorl in f or ume 100, page 83, The Public Deed Records, E axos County, Texas. THE ST1.TE OF TEXAS COUNTY OF BRAZOS 0 J. Sidney, J. M. Ferguson and R. B. Grant, Sr., being duly sworn, upon their oath did depose and say each for himself, as follows: "I was well acquainted with H. P. Dansby during his life time. He died intestate April 3, 1936. t here was no administra- tion upon his estate and no necessity for administration, as his heirs were all more than twenty one years of age on the date of his death and his estate was not in debt. "At the time of his death he left as his sole surviving heirs his widow, Mrs. Minnie Dansby, and their three sons, Norman J. Dansby, Mit Dansby and Horace P. Dansby, Jr. There were no decendants of children, whose death preceded H. P. Dansbyts death. They had only one other child, but it died in infancy and without issue." Dated this the 4th day of March, 1939. J. Sidney Smith J. M. Ferguson R. B. Grant, Sr. SWORN ITD SUBSCRIBED TO BEFORE ME, this the 4th day of March, A. D. 1939. (SE:,L) 'W. S. Barron, Notary Public, Brazos County, Texas THE STATE OF TEX..S k COUNTY OF BR.ZOS 0 BEFORE ME, the undersigned authority, on this day personally appeared J. Sidney Smith, J. M. Ferguson and R. B. Grant, Sr., all known to me to be the persons whose names are subscribed to the above and foregoing instrument and acknowledged to me that they exe- cuted the same for the pruposes and consideration therein ex- pressed. Given under my hand and seal of office this the 4th day of March, 1939. W S. Barron, Notary Public, Brazos v ounty, Texas: (SEi;L ) -74- • Rudolph Vavra Q AFFIDAVIT, 0 Dated May 3rd, 1939, to 0 Filed May 3rd, 1939, Recorded in Volume 100, page 34, The Public 0 Deed Records, Brazos County, Texas. THE STATE OF TEXAS 4 COUNTY OF BRAZOS 0 Rudolph Vavra, being duly sworn did depose and say upon his oath, as follows: "My name is Rudolph Vavra. I am 58 years of age. I am a child of Frank Vavra, deceased. He owned a tract of 280 acres in the Richard Carter League, Brazos County, Texas. I lived on this place from the time my father purchased it in the early nineties until I moved away in 1936. I helped work crops on the place each year as a field hand and child of my father, then as a renter from my father and then as a renter from H. P. Dansby. I am particularly familiar with the crops grown on this place and with the crops grown on the adjoining 237 acres of land. The basic crops grown each and every year by my father and by the tenants on the Cooper or Dansby place were corn and cotton. There was various feed crops on limited acreage such as sorghum, oats and truck patches. This is a corn and cotton country and was decidedly so prior to the year 1936. A crop was grown each year on this place from the early nineties to 1933 or 1934 on the 237 acres and on the 280 acres through the year 1936. Rudolph Vavra Sworn and subscribed to before me, this the 3rd day of May, H. D. 1939. W. S. Barron, Notary Public (SEAL) Brazos CoInty, Texas. THE STATE OF TEXAS 0 COUNTY OF BRAZOS 0 BEFORE ME, the undersigned authority, on this day personally appeared Rudolph Vavra, known to me to be the person whose name is subscribed to the above and foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this the 3rd day of May, 1939. W. S. Barron, Notary Public, (SEAL) Brazos County, Texas. Victoria Dominik 0 AFFIDAVIT and PLAT 0 Dated April 7th, 1939, to 4 Filed May 3rd, 1939, 0 Recorded in Volume 100, page 30, The Public Q Deed Records, Brazos County, Te :ac THE STATE OF T: X L,S 0 COUNTY OF BRAZOS Victoria Dominik, being duly sworn, did depose and say as -follows: "I was roared on the Dominik plantation adjoining the H. P. Dansby, Sr., land purchased by him from the Vavra's. I am twenty seven years of age and have known the place for more than twenty years. My family and the Vavra family were close friends. Rudolph Vavra, son of Frank Vavra, married an aunt of mine, Annie Dominik. Frank Vavra lived in the main house of the 280 acre tract of land later conveyed to H . P. Dansby, Sr, My incle Rudolph Vavra, lived in a small house northeast of the mainhouse. I very often went from our home to my uncle's home. A four wire fence attached to common post oak posts completely surrounded the 280 acre tract of land and there wei cross fences dividing the pasture land from the cultivated land. Openings in the fence line were by wire gaps attached to small post oak polls, fastened at the top and bottom with wire loops. These fences were kept in repair from time to time by adjoining land owners, from the time when I first began noticing them, more than twenty three years ago. There has not been a time when these fences were not up. In the fall of the year the gaps would some times be left down between the field and pasture, but the gaps on the out side fences were always kept up. The fence between the Dominik land and the Vavra land, later Dansby land,, was owned jointly by the Dominik's and the Vavra's and then Dansby's, and when they worked the fences, each owner would furnish an equal number of laborers and divided the bills for fence material. There was a fence dividing the 237 acre tract, which is known as the Cooper land, and the 280 acre tract, known as the Vavra place. This fence was also a four wire fence, attached to post oak posts. This was a solid fence from the College road to the northeast end, until H. P. Dansby, Sr., purchased bothtracts, _ and a wire gap was made in this dividing fence to allow passage- from one tract to the other. The northwest fence divided the Cooper land from the Putz land and D. A. S land, and there was also a four wire fence, attached to post oak posts and maintained by Ed Putz and H. P. Dansby, Sr., as far back as I can remember. Both ends of both tracts (the 237 acre tract and the 280 acre tract) were also fenced with a four wire fence attached to common post oak posts. More than twenty years ago D. A. Smith purchased what was known as the Atkins place on the northwest side of the Cooper land and southwest of the Ed Putz place. He built a fence in a way that a lane was left from the College road now Highway 6, to the home of Ed Putz about one half of the distance of the northwest line. There was a min gate on the fence line on Highway No. 6, into the Vavra property and there was a wire gap on the Cooper land along the line next to the Highway No. 6, where a wire gap on the Cooper lino on the narrow line above referred to. Thence out side gaps were always kept closed. I have read the affidavit, dated March 4, Ferguson and J. Sidney Smith 19 39, of J. the statements contained there and e n are true. are I can remember. I have never known of any one disputing the title of B. P. Dansby, Sr., and his possession n predecessors but his possession and the the world. predecessors has been peaceful and adverse to Dated this the 7th day of April, 1939. Victoria Dominik SWORN AND SUBSCRIBED TO BEFORE ME, this the 7th day of 1939. Y April, (SEAL) IV. S. Barron, Notary Public Brazos County, Texas. THE STATE OF TEXAS COUNTY OF BRAZOS 1 BEFORE ME, the undersigned authority appeared Victoria Dominik, a feme ole, n o w day the person whose name is subscribed to � known to me be the and acknowledged to me that she executed thefsame for the fn Purposes and consideration therein expressed. g in- me 1939, my hand and seal of office, April, Given this the 7th day of (SEAL) W. S. Barron, Notary Public Brazos County, Texas. THE STATE OF TEXAS COUNTY OF BR - ZOS I, Victoria Dominik, hereb by hereto was Victoria by me to scale certify that the the location of the various tracts of land, indicated otatedpof fence shed plat s and cross fences, houses and ownership of adjoining lands .D conform m to my Affidavit made April 7, 1939. The Frank Vavra house on the 280 acre tract of occupied by Frank Vavra and his family years. The tenant house northw�,smof the r more than twenty was Rudolph Vavra from 1917 to main house was ocu20ed Vavra place Frank Vavra moved 1920, and after Dansby purchased the moved the Main house (the one referred to and as having beaenaocc pi int Frank Vavra for more than twenty house or Fr- Y Years). Rudolph Vavra llved in the ank Vavra house fro, the year 1920 to 1936. Ed Boriskie lived in the tenant house on the 237 acrd of land from 1916 to about the year and a man by the name of Richards oc cup 9 ed a the h gori s ki e H tract ou from the year 1930 to the year moved away to down and a portion ofysaidllandowas9soldwtonth ©eCoousegwas Estates. llege Hills Dated this the 28th day of April, 1939, Victoria Dominik Sti�'ORTd AND SUBSCRIBED TO April, 1939. BEFORE ME, this the 28th day of (SEAL) W. S. Barron, Notary Public, Brazos County, Texas. 2? THE STATE OF TEXAS 0 COUNTY OF BRAZOS BEFORE ME, the undersigned authority, on this day per - sonally appeared Victoria Dominik, a f eme sole, known to me to be the person whose name is subscribed to the above and foregoing in- strument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this the 28th day of April, 1939. W. S. Barron, Notary Public (SEAL) Brazos County, Texas. Plat showing the 237 acres of Dansbv land (formerly 'I Cooper land) and 234) acres of land now Dansby but formerly Frank Vavra land, in the R. Carter League, Brazos County, Texa . Scale: 400 varas H. P. Dansby -1 inch College Hills Estates Company property, being 200 acres, shown in Green on plat , N E �.,,,..�... -- C R E R S / �Rl Ott, u r�� r � H. P P. DMT S BY LAND i _ -WI IV PA CE / t DOMINIK LAND f d 420 acres w b n aH. P. DANSBYj H. P. DANSBY , e r ,,, TT I PUtz d b 200 acres o d '� i w n i i . t r I o 1 e i m Y f i b eFence n _- . ....y n Small i Ed Putz r c Gap Pasture k Gate House e mate - & Dansby & Putz _'. Adolph,! Large V�, Dominik i Crate go V ' , a house 1 Ed Putz 4 ' r_ouse !1 House r 107 acres _ - A. w ; Frank iercei :'COTTON �i Vavra a 1 12A. r CORN ' FIELD COTTON i � .� e ! R R FIELD f COTTONN L L f 0 0 l i piIELD A } :A i 0 w N _ D IA D I D. A. SI.ITH i e ' i D a i -- n i SUBDIVISION - - - 'A CGLTti GE 200 S res TI�T r Corn , House 1 ° `" 11 cotton Field v i �_ Cctto i Corn Field ' CottoX 1 - """"' : E Fle1d Meld , i Ia. Gate Ga. • Gate _.._... 4 wire ar. w re ence ----- 1' i - . . ,. ' !- , (., / /1/ r l K _ei 9 101 /511 Deed T:L :TATE OF TE - COUITY OF BRAZOS f 12101 ALL LEN BY THESE -..'-. That we, ,, -rs. 2.:innie Dansby, for myself, and as survivor of the Community estate of H.B. Dansby, deceased, and my- self; Norman J. Dansby; :.:it Dansby; and =i. .e. Dansby, Jr., as only children and sole heirs at law of i :. . Dansby, Ur., deceased of the County of Brazos, utate of Texas, for and in consideration of the sum of TWENTY FIVE THOUSAND & N0 /100 Dollars, to us .I paid, and secured to be paid, by College hills Company, a corporation, as follot.s: If as is evidenced by ten (10) vendor's lien promissory notes; each for t_e sum of $2,500.00; dr_ted November 20, 1939; payable to the order of iIit Dansby on or before November 20, 1940; 1941; 1942; 1943; 1944; 1945; 1946; 1947; 1948; and 1949, respecti- vely; bearing interest from date at the rate of four (4;L) per cent per annum; interest payable annually on November 20, as it accrues. all of said notes signed by the College :ills Company, a corporation; and notes Nos. une (1); Two (2); and Three (3) each endorsed by U. F. Tisinger, personally, and J.C. Culpepper, personally. Past due interest and principal to bear interest at the rate of six (61/L) per cent. Both principal and interest payable at Bryan, Texas. Said notes being giv in payment for ) { 200 acres of land at College Station, Brazos County,Texas, adjoining the present 'o1 I lege Hills Estates on the uoutheast, this day conveyed to College Hills Company by :. :rs. I:innie Dansby et al, and to secure the payment of said notes, a Vendor's Lien is retained in said Deed and as further security for the payment of said notes, a Deed I ■ ;, of Trust is given to Aline Brcgdon, Trustee, for the benefit of the holder of said notes i it is understood and agreed that failure to pay any of said notes as above promised or 1 any interest on any of said ,notes Lhen due, shall, at the election of the holder of said notes, mature all of said notes and all of said notes shall become due and pay - abl e , and the Vendor's Lien or the Deed of Trust Lien, either or both, shall become Subject to foreclosure proceedings as the holder may elect, It is specially a reed i that in the event said notes or any of them be placed in the hands of an attorney 1 -I I2 - _ �+ for collection, br if edit is brought to collect same; or if collected trough the . robateCourt,, then it is agreed that ten per cent additional on principal and interest then due and owing shall - be added as Attorney's fees. have Granted, sold and conveyed, and by these presents do Grant, sell and convey unto the said Collge Hills company, a corporation of the County of Brazos State of Texas, all that certain tractor parcel of land lying and being situated in the hichard carter League in brazos County,Te:tas, and being a tract of 200 acres of land, described by metes and bounds, as follows: BEGfl ING at an iron pipe at the forth corner of the 200 acre tract of land conveyed by Mrs. I'annie Dansby et al to J.C. Culpepper, by deed dated August 10, 1937, anc_ recorded in Volume 94, page 231, Deed Records of Brazos County, , Texas; Thence South 46 deg. 42 rain. East 3314 ft. to the Northeast line of the said 200 acre tract, an iron pipe at the East corner thereof; Thence north 45 East 2622 ft. to iron stake for the East corner of this tract, from which corner a Host Cak 15 inches in dia. marked "X" bears South 51 3/4 deg. East 32 feet; Thence North 46 deg. 42 min. West 3334 feet to a stake for corner; Thence South 44 deg. 36 min, West 2623 feet to the lla e of Beginning. TO HAVE AND TO HOLD the above described premises, together wit: all and singular, the rights and appurtenances thereto in anywise belo i n� lv unto the said College hills L Company, a corporation, its successors and assigns forever; and we do hereby bind our- selves, our heirs, executors and administrators, to Warrant and rorever Defend all and singular the said unto the said "ollege hills Company, a corporation, its suc- cessors and assigns, against every person whomsoever lawfully claiming, or to claim the same, or any part thereof. °ut it is expressly agreed and stipulated that the Vendor's Lien is retained against the above described property, premises and improvements, until the above described notes and all interest thereon are fully g y laid according to their face and tenor , effect and 4 readin7, when this deed shall become absolute. Fitness our hand at Bryan, Texas this 2Oth day of November, A.D. 1939. L :rs. L.innie Dansby For myself, and as survivor of the x25.00 heyenue Stamp affixed Community estate of myself and and duly cancelled. H. r Dansby deceased. Norman J. Dansby wit Dansby , Ti. r. Dansby Jr. TIC :.TATS OF TEXAS COUNTY OF BRAZOS ( 3EFOREME, F. L. Henderson, a Notary jublic in and for Brazos County,T'exas, on this day personally appeared i.{rs. Minnie Dansby, a fen sole, Norman J. 11 Dansby; Mit Dansby; and H. P. Dansby Jr. known to me to be the persons whose names are II sub.cribed to the foregoing instrument, and each acknowledged to me that he executed the same for the purposes and consideration therein expressed, and the said :•mss. Minnie !I Dansby acknowledged same in the capacity therein stated. Given under my hand and seal of office, this 20th day of November, A.D. 1939. F. L. Henderson, Notary eublic, (Z.rAI) Brazos County,Texas. The foregoing is a true copy of the original instrument 1.hic:. 1.as filed for record on the 21st day of Nov. A.D. 1939 at 11 o!cl -ck a.m. and duly recorded on the 21st day of Nov. A.D. 1939 at 11:40 o'clock a.m. to HI!ich I certify .'rank Worsh , qty il TIE STATE OF TEXASd lo/5 D COLT:TY 0' BRE.,E d .::aG.i ALL :EE BY T. -:ESE - - FhEu::._3 That the undersigned uoilege Ld Company, a corporation of the Uounty of Brazos, and Mate of `t'exas, in consideration of the debt and trust hereinafter mentioned, has Granted, Bargained, sold and conveyed, and by these _resents do Grant, bargain, Sell and convey unto Aline Brogdon, trustee, and to his successor or substitute in this trust and to his and their assigns hereunder, forever, the • following described property, situated, lying and being Y being in the County of Brazos IL of Texas, to : U � and State ut of the -ichard Carter League, Abstract Igo. 8, Brazos County, exas, and being a tract of 200 acres of land described by metes and bounds, as follows: BEGII•iNII,!: at an in pipe at the Ii ortr: corner of the 200 acre tract of land conveyed by i:2 S. lannie Dansby et al to J. C• Culpepper, b by Deed dated tiugust 10, 1 937, and recorded in Vol. 94, pace 231, Deed Records of Brazos Co unty,Texas; T— N X46 del 42 min. Est 3314 ft. to the northeast line of the said 200 acre tract, an pipe for corner at the East Corner thereof; �j iron THENCE North 45 East 2622 ft. to an iron stake for the East corner of this tract; from which corner a most gal; 15 inches in diameter, _Aar :ed "XtQ bears south 1 3/4 dE t 32 feet; > jam_:_ ?CE IJorth 46 deg. 42 min. +est 3334 feet to stake for corner; TELI,CE :youth 44 deg. 36 min. ;test 2623 feet to the glace of Jeg sa me inning, and being the property this day conveyed to College Hills Ua:a an by • :rs. g p Y Y .•:innie Dansby et al by Deed duly recorded in the Deed Records of Brazos Uounty,Texas. TO II, =,VE AND TO HOLD the said described property, with all the rights, :: :e:.ibcrs, here- ditai ents and appurtenances, now, or hereafter at any time before the foreclosure hor:-of, in any wise appertaining or belonging thereto unto the said_Trustee, and to his successor or substitute hereunder, and to his and their asst ms forever and the undersigned hereby bind itself, its successors and assigns to Warrant and .forever defend all and sing ::1 r the said premises, unto the said Trustee, his successor or substitute in this trust, and to his or their assigns forever, against the' lawful claim or clairs.of all persons whorsoever. .'MIS CONVEYANCE is made in trust, however, to secure and enforce the promissory ' payment of ten (1„) ry notes of even date herewith ( hereinafter referred to as note), executed by the _ undersigned, _ to Lit Dansby, or order at Bryan, Texas, as follows: Ten not,.s e ch. 1 for the sum of :,;2,500.00; dated Nov. 20 � 1 939, payable to idit Dansby or his order, on or before November 2.0, 1940; 1941; 1942;1943; 1 944; 1945; 1 94 6 ;.1947; 1948; and tivelq; bearin 1948; 1 949; rcepct- g interest fron date at the rate of four per cent per annum.; interest payable annually on +ovember 20; as it accrues; All of said notes signed by College Hills Co. :puny, li i .541 I cor oration; rind notes Nos. 1, 2 and 3, e ch endorsed by .. r'. 1'izir er, ,personally ' i 0 . . Julpe - per, personally. rest due principal and interest to be r interest at the r •._e of c ;ix per cent per annum. Both principal and interest payable at Bryan, Texas. eel,: notes being given in payment for the above described tract of land this day conveyed � ..) L;o'.lee e I_ilis Company by -rs. L innie Dansby et, al and to secure the payment, of said no' ,t,, a Vendor's Lien is retained as in said and a Deed of Trust is given to reline 3rogdor- stee for t :c benefit of the holder. it is understood that failure to pay any of said notes when due, or any interest when due, shall at the election of the holder mature all of said notes and all of said notes shall become due and pay ble, and the Vendor's Lien or ',1 room cf rust Lien, _i=her or both, shall become subject to foreclosure proceedings, a:; _ holder may elect. ..ii.,:. inter ;st t :ereon from date until paid at the rate of four per centu:: per annum, said :rinci al and inter -st ery,ebie annually as 1, rovenber 20, as it accrues at the office of hit f__ . at - ryar:, 'L'exas i It is a that if default be made in the payment of any principal or inter st on said ,1 notes, or in the perferr.:ance of the covenants or agreements herein contained, or any of the.:, then at the o,tion of the legal holder of said note, the whole or the principal debt • herein secured shall become due and payable, and ittay be collected by suit or by proceedir{ - 'n er; d it is further agreed that if said indebtedness is not _ when due, and is laced in th hands of an attorney for - collection, or if collected t .rou`h the probate , u :'t, ten : er cent. additional on full amount th ;reof shall be added as attorney's fees. =t is also agreed that this Deed' of Trust covers any and all renewals of the above described indebtedness, .i :ow, therefore, if the said indebtedness be paid, both principal and interest, - the sa. becomes due and payable, and if the covenants and agree :,rents herein contained be l :ct;t 1 and _ erfor:ed, then, and in that case only, this conveyance shall become null and void, aa • the iProperty herein conveyed shall become wholly clear of said debt, and these .resents re- t le sed in due form at the Grantor's cost, otherwise to remain in full force and effect; but if default shall be ra-de in the payment of said note, or any installment of interest ti.erec. -, :hen the sa me shall becme due or in case of the breach of any of the agreerents or covenants herein mentioned, then at the request of the legal holder of said note, the said Trustee, or his. successor or successors a )pointed hereunder, is hereby authorized and empowered to i sell the land hereby conveyed, at public auction, to the highest bidder for cash, at the f - Court ::ouse door of Brazos County,iexas, between the hours of ten o'cloc: a.m. and four o' clock ii � p.m., on the first Tuesday in any month after having given notice of the time, place and manner of sale by posting written notices thereof at three public places in seid j . S county, one of which shall be at the Curt House door of slid county, for three consecutive !b weeks prior to the day of sale, and it is hereby agreed that the said Trustee, or his successor, may sell said property, together or in lots or parcels, as to him shall seem expedient; and after said sale as aforesaid, shall execute and deceiver to the purchaser or purchasers thereof, good and sufficient deed or dee ,s in law to the property so sold, in fee simple, with the usual warranties, and shall received the proceeds of said sale, and out of the same shall pay: First, all charges, costs and expense of executing this ;_ trust, including a fee of 5>0' to the Trustee on the total of the indebtedness secured by this Leed of Trust; :second, the note above described and all sums of money due or to be- cone due hereunder with interest as a reed; and 'third" shall render the overplus,_ if a: .: , 502 a unto the undersigned herein, or legal representatives or assigns. TIE UlDEi,SIGNED FURTHER CO'VEI;A:'.T with said Trustee that said Oorporation at all times during the continuance of this trust, keep the buildings and improvement now on, or hereafte to be erected on, said premises, insured against loss by fire and tornado to the amount of - or to the extent insurance can be obtained thereon, in companies acceptable to and with loss payable to said Trustee, or his successors, for the benefit of the payee or the legal - holder and Diner of said note, and deliver the policies to said Trustee, or his successors, and to pay, before the same shall become delinquent, all taxes and assessments that may be levied or assessed against said premises or any part thereof. , ind it is especially :,'reed that if the undersigned shall fail to effedt said insurance and deliver such poli- cies as herein provided, or to pay such taxes, then the said insurance may be effected and said taxes may be paid by the legal holder of said note, and sums so expended shall be . a demand obligation and become part of the debt hereby secured, and shall draw interest at the rate of 8'' ,70 per cent per annum from date so expended until paid, or at the option of the holder of the debt secured hereby, the entire principal indebtedness may be declared due, and be collected in any manner provided in this instrument, or provided by law. It is further agreed that, in the event of a foreclosure under the power granted, here- • by, the owner in possession of said property, or any one claiming under him and in possession Seas tenant or otherwise, shall thereupon became the tenant at will of the purchaser at such foreclosure sale, and should such tenant refuse to surrender possession of said property upon demand, the purchaser shall thereupon be entitled to institute and maintain the sta- tutory action of forcible entry nd detainer, and procure a writ of possession thereun er. It is further agreed that in the case of the death, resignation, removal or absence of said Trustee from the County of Brazos, Texas, or his refusal or failure or inability to act, then the holder of said note, or any part thereof, shall be and he is hereby au- thorized to appoint a substitute in writing, who shall thereupon succeed to all the estate • rights, powers and trusts granted to the Trustee herein named. It is specially agreed that when, as and if any accelerated maturity of any item se- cured by this instrument may be declared due under any term of this or any other paper evi- dencing the debt or any part thereof, that the maximum amount that can be collected for or can account of the debt shall be the principal amount thereof and interest accrued to the date of ..ayment at not to exceed ten ,:er cent _:er annum. That if any possible construction of any and all of the papers may seem to indicate any possibility of a different power iven to the creditor or any authority to ask for, demand or receive any larger rate of interest • i the parties cove _ant that same is a mistake in calculation or wording which this clause is . intended to override and control. • It is specially - that in case of any sale hereunder, all prerequisites to said sale shall be presumed to have been performed, and that in any conveyance givenlmereunder all statements of facts, or other r citals therein made, s to the non - payment of money se- cured, or as to the breach or non - performance of any of the covc►CantS herein set fortis, or s to the request of the Trustee to enforce this Trust, or as to the proper and d_,e a pointment of any substitute Trustee, or as. to the advertisement of sale, or time or :lace or manner of sale, or as to nny other preliminary act or thing shall be taken in all / courts i of law,-or equity as prima facie evidence that the facts so stated or recited are true. Witness the si.3nate and seal of said Corporation this 2Jth day of , iovember, A.U. 1939. ;EAL) COLL flE -HIL1 5 COMPANY .. TL;,Tc -- B r. 'I'iei. z , ,.,ecrctary_ By J.C. Culpe per, _resident. $24.80 Note :.,ta,:.p affixed and duly cancelled. • • . 503 or G^ f T3: ;Fu; I :.22], F. L. Henderson a rotary public in and for Brazos - ounty,Tr.xas, on this day p•_rsonally appeared J.v. ■u1pe per, rresident of the College hills "ompany, a corporation known to me to be the e or. whose name subscribed t ' ''o_er,oinr instrument, and acknowledged to me that he executed the same for the ' d consideration therein expressed, and as the act and deed of said Corpo- -riven under my hand and seal of office this 20th day of iv'ove ter 1939. r i L. henderson, 1:otary = ubiic, ✓� Brazos County,iexas. • Ts_e _ore T oin; -, is a true copy of the ori instri ent which was filed for record on the 21 day of 1:ov. 1939 at 11 o clot_; a.m. and duly recorded on the 21st day of "o °• i 1939 at 5 o' clot:, p.m. to which I certify Frank viorsham, C.0 C.B.C. • • i I - put'y 0 • • • 1 a R E S O L U T I O N On this 25th day of November, A.D. gag ip // � , at a :eeting of the Board of Directors of the COLLEGE HILLS COMPANY, on motion duly ;jade and seconded, the following resolution was unanimously passed by said Board; a.l Directors being present and participating: "BE IT RESOLVED, That since the COLLEGE HILLS -COMP NY, A Corporation, primarily en- o gaged in the sale of Real Estate in the COLLEGE HILLS ",OODLANDS Addition, in Brazos County, t Texas, in order to make contracts, deeds and conveyances, the President or Vice - President is hereby authorized and directed to execute in the name of and on behalf of this Company, all instruments necessary in the conveyance of the Company's Real Estate in said Addition, and elsewhere, and to execute all necessary receipts, releases and transfer of liens in con- nection with the sale of said Real Estate; and all of their acts, deeds and transactions are hereby ratified in the premises. The secretary of the Corporation is ordered to record a certified copy of this Resolution in the Deed Records of Brazos County,Texas, and when so done, same will evidence the authority for the execution of the deeds and other instruments of writing of said Corporation." TIDr STATE OF TCAS( I COUNTY OF. BRADS I, L. Antony, Secretary f C OLD E II Y ^G, HIT.7R COMPANY, A Corporation, hereby certify that the above and foregoing is a true and correct 6• � copy of General Resolution, authorizing sale of real estate by the executive Officers cers of said passed of Lirectors of said Corporation at a regular meeting thereof held on the 25th of e November, 1939, and same is shown of record in Book "A ", page 35, of the minutes of said Board. GIVEN UNDER MY HAND as Secretary, and the seal of said Corporation, on this 1st day of December, A.D. 1939. ( SEAL ) M. L. Antony, Secretary M. L. Antony. The foregoing is a true cony of the original instrument which was filed for record on the 24th day of June A.D. 1940 at 3 :30 o'clock p.m. and duly recorded on the 9th day of July A.D. 1940 at 11 :50 o'clock a.m. to which I certify Frank Worsham /,� Deputy 0 3 50 l /7U/YSO/Y �° .a ' t. I ex . � � ', � °f '� y r ,' • f.^ ''.0 -_ -- '° e o� d �i , b y " r 1 - - t- U 1 Jl °�- as 9.7 } so , sf sr J. - ' 54. \ ?� C Z) / . 'e \ do ` ,, c a _ _ .. r ;ARS al.L ek. w I j .9` E � ,U,. e 9. ' �9' '12 �!I - ice Jf 1 7 ` '. � , '•� :. /9 ^ Lo a r c .° - _ _ ,4 A. le 0 _ , , le a t3 l - ` , ` \ `� _ Zs l3 HBUP/y s,: ,.. . ° ° /e // , ° 1 z , of , q /3 Y y ,0 7 6 ,I ' , 6 ^ I . s /6 ^ I °° r .s J c / i i on c ,i . ti S ' 4 ` /7, /41..,5 PS SU3D,'Y /S /O/Y COLLIGe / WOOD/. ANDS _ • /V .e rcwcnron G.fCELODEB AA: .9//A. f.:°k /:.ahons %ovt cug. s.•, °.. r 4i it / .25 ' anbss noted /O -silo .s ..w%ra/.d S: ✓. 1, i 'S ■ ■ f THE STATE OF TEXASI . COUNTY OF BRA::0S j KNOW ALL LEN BY THESE PRESENrS: Whereas, the COLLEGE HILLS COMPANY, a Texas Corporation, did on November 20th, 1939, acquire and become the record title holder of 200 acres of land, more or less, located in the Richard Carter League in Brazos County Texas, being conveyed to said Corporation by deed of Mrs. :Annie Dansby; Norman J. Dansby; _rift Dansby and H. P. Dansby, Jr., duly recorded in Vol. 101, page 511, Deed Records of Brazos County,Texas, to which deed and it's record reference is here made for a more par- ticular description of said property; a nd, V°,11EREAS, the said COLLEGE HILLS COMPANY has, since that time divided said land or a portion thereof unto lots to be sold and have designated streets and alleys in said land and said streets, alleys and passageways are shown and described on a map or plat a copy of which is attached hereto and made a part hereof. NOW TI,'�..' LFORE, the COLL ,GE HILLS COMPANY, A Corporation, acting herein by and through it's President, J.C.Culpepper, does hereby dedicate and declare that said streets, alleys and passageways as are shown on said map are herebydedicated to the use of the general public and to be used as streets, alleys and passageways, and said A.ddition is to be kno\.'n a sCOLLEGE HILLS WOODLANDS. i 1,1 4 ilk 111 IN WITNESS EIREOF, THE SAID C0T•T.rGE HILLS C0:nPAflY has ca .sed these presents to be exe- cuted by it's President, J.C.Culpepper, attested by it's Secretary, 1 +. L. Antony, and has caused the impress of it's Corporate Seal to be hereto affixed, at College Station, Brazos County,Texas, on this 22nd day of June, A.D. 1940. (SE.AL) COLLEGE HILLS COMPANY L. _ -ntony Secretary B.y J.C. Culpepper. President ';. L. Antony J. C. Culpepper KNOW: ALL ::MEN, that 1, ..:it Dansby of Brazos County,Texas, being a record lien holder on the above described property hereby tac.e notice and knowled e of this dedication and ratify the act of College Hills Company in making this dedication. i;Ii t Dansby t Dansby THE STATE OF TEXAS! O0UNTY OF BRAZOS j BEFORE 'E, the undersigned authority, a Notary Public in and for Brazos County,Texas, on this day personally appeared J. C. Culpepper, President of COLLEGE HILLS CO G'A :TY, a Corporation, known to me to be the person whose name is subscribed to the fore- going instrument, and acknowledged that he executed the same as the act and deed of said ,, orporation, for the consideration and purposes therein stated, and in the capacity therein stated. GIVE' UNDER MY HID AND SEAL OF OFFICE, this 22nd day of June, A.D. 1940. L Ben D. Alexander, Notary Public (SEAL) in and for Brazos County,Texas. THE STATE OF TEXAS COUNTY OF BRAZOS ( BEFORE ME, the undersigned authority, a Notary Public in and for Brazos County,Texas, on this day personally appeared Mit Dansby, known to me to be the per- son whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND A;;D SEAL OF OFFICE, this 22nd day of June A.D. 1940. Ben D. Alexander, Notary Public in and for r Brazos fount Texas. '• The foregoing is a true copy of the origin'1 instrument which was filed for record on the 24th day of June A.D. 1940 at 3:30 o'clock p.m. and duly recorded on the 9th day of July A.D. 1940 at 1:30 o'clock p.m. to which I certify Frank '„orsham, C.C.C.B.0 "AM' ed _ 014 Deputy • • • L THE STATE OF T%XASO COUNTY OF BR_ZOS b KNOW ALL MEN BY 'I EjE PRE:: -ENTS: that college hills company, A Cor- poration, with it's principal office at College Station, Brazos Oounty,Texas, hcving here- tofore dedicated the streets, alleys and passageways, and subdivided according to a plat or map, a portion of the land conveyed to it by Mrs. Minnie Dansby, et al, by deed recorded in volume 101, page 511, Deed Records of Brazos County,Texas. does hereby impose and place the following restrictions upon the sub- division known as COLLEGE HILLS ';DODLANDS, to -wit: FIRST: There shall not be erected on any one lot or Estate, as such lot or estate may be prescribed or described or designated, more than one private dwelling house and the neces- sary outhouses, and said premises shall be used for private dwelling Durposes only. And no race or nationality other than those for whom the premises are intended shall use or occupy any dwelling on any lot, except that this covemant shall not prevent occupancy by domestic servants of a different race or nationality, employed by an owner or tenant. 4 t 4 ilk SECOND: No dwelling house or outhouse shall be erected on said lot or estate excepting in accor- dance with the plans and specifications which have been approved in writing by a Com- mittee of three, which committee shall be composed of an agent for COLLEGE HILTS CO TANY their successors or assigns, acting as chairman and two property owners selected by a majority vote of the owners of lots or estates in said subdivision. Said Co mittee shall be appointed when ten (10) lots =_ire sold in said subdivision. However, in the event that said Committee is not in existence or fails to approve or disapprove such de- sign or location within fifteen days after said plans and specifications have been sub- mitted to them, then such approval will not be required, provided the disign r location on the lot conforms to and are in harmony with existing, structures in said tract. Copy of the plans and specifications shall be filed with the Chairman of said Committee. THIRD: On all estates fronting on uilcrest ::venue, and Ashburn Avenue, no dwelling sha-_1 be _erected unless it contains not less than 1,600 square feet of floor space, exclusive of I uncovered porches, terraces, and outbuildings; and on all estates fronting on :.:arsteller Avenue and ti.00dland Parkway, no dwelling shall be erected which contains less than 1,400 square feet of floor space, exclusive of uncovered porches, terraces and outbuildings; and no dwelling shall be erected on an estate fronting on ;iunson ,,venue, which contains less than 1,200 square feet of floor space, exclusive of uncovered porches, terraces and out - buildings. It is understood and agreed that covered porches and attached or semi - attached garages shall be considered as a part of the floor space requirements as herein provided, • but such attached or semi- attached garages must be attached eigher by one wall, or more, or with a covered passageway. tt11 improvements of frame construction or trimmings shall be painted with at least two (2) coats of good house paint, and in case wood shingles are used, the same shall be covered °,ith at least one (1) coat of shingle stain or paint. Nol structures shall be moved into any estate in this Addition, unless it conforms to end be • in harmony with similar structures in the addition and is approved by aforesaid committee. FOURTH: The dwelling house as distinguished from the ourhouses or servants quarters shall face the street upon which the lots or estates front, and no part thereof shall be hearer the front of the property nor nearer the side street line than the building line designated on the plat of said Addition, unglazed porches excepted. All other structures shall be to the rear of the main dwelling, except attached or semi- attached garages, and no structure shall be hearer than ten (10) feet to the side line of said lot or estate, except that the side line restriction shall not apply to a detached garage or other outbuilding located 75 feet or more from the front line of said lot. TH: No garage, trailer, barn or other outbusldinj erected in this Addition shall be occupied by the owner, tenant or anyone prior to the erection of the -pain building. SIXTH: Until such time as a sanitary sewer system shall have been constructed to serve College hills "oodlands, a sewer disposal system constructed in accordance with the requirements of the State i:elath Department shall be installed to serve each dwelling. The effluent from septic tanks shall not be permitted to discharge into a stream, storm sewer, open ditch or drain, unless it has been first passed through an absorption field a :Iproved by the health Authority. 1 ( ! 6 r_ • SEVENTH: No noxious or offensive trade shall be carried on upon said lot or estate, or shall any - thing be done thereon which may become anannoyance or nuisance to the neighborhood. If the parties hereto or any of them or any of their heirs or assigns shall violate or attempt to vio late any of the restrictions or covenants herein before :::arch 1st, 1965, it shall be lawful for any person or persons owning any tract in said Addition to prosecut, any proceedings at la or in equity against the person or persons violating or attempting to violate any such cov- enants and restrictions, and either prevent him or them from doing so, or to recover damages or other dues for such violations. E I G}ITH : -ach lot or Estate of said subdivision shall be assessed the sum of TWO AND NO /100 (4x2.00) Dollars, per year, for the purpose of maintaining streets and parks in said subdivision. This fund shall be collected and administered by the Duilding Committee as hereinabove pro- vided and shall cease at such time as the entire subdivision has been taken into the Corpo- rate limits of some municipality. It is understood and agreed that this assessment shall extend to and be binding upon all purchasers of lots or estates in said subdivision, but shall in no wise affect any mortgage or other lien which would be valid in the absence of this portion of said restrictions. NINTH: L Lach and every condition and cove:7ant herein contained shall terminate and be of no further effect after twenty five (25) years from March 1st, 1940, provided, that at any time within one year before the expiration of such period, the then owners of a majority of the square foot area of said tiddition, may by written declaration signed and acknowledged by :ae, and re- corded in the Deed uecords of Brazos County,i'exas, extend or amend said restrictions, condi- tions and covenants. TE_?rH: Invalidation of any one of these covenants by judgment or court order shall in no wise af- feet any of the other provisions which shall re.ain in full force and effect. E LE VE=I : An easement is reserved over the rear five (5) feet of each lot or estate for utility install- ation and Maintainance. IN .:ITJESS '„ 'R ;F, THE COLLEGE HILL; COISP' =Y has caused these presents to be executed by it's President, attested by it's Secretary, and the impress of it's Corporate Neal, at College Station, Texas, this 22nd day of June, .:i. 1940. (SEAL) COLLEGE HILLS COMPAITY :T'i: T: By J.C. Culpepper. President J.C. Culpepper L. Antony Secretary M. L. Antony T E,TATE OF TEXAS COUNTY OF BR:.ZOS 1 BLF0aE IIE, the undersigned authority, a Notary 1"ublic in and for Brazos uounty,I'exas, on this day personally appeared J.C. Culpepper, President of COILTiGE HILLS COMPANY, a Corporation, known to me to be the person whose name is subscribed to the foregoing intrument, and acknowledged to me that he executed the same as the act and deed of said Corporation for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 22nd day of June A.D. 1940. Ben D. :.lexander, Notary Public in and for Brazos County, (• EAL) Texas. • 7 DhAL(, j KNOW ALL :.EN BY THESE PRESENTS: That I, :.lit Dansby, of Brazos . County,iexas, being the record lien holder on the above described property, hereby take notice and knowledge of the restrictions imposed and placed upon the COLLEGE HILLS ;7CODLANDS, end ratify the act of said Company in making and imposing said restrictions on said sub division. Mit Dansby Mit Dansby HE STATE OF l'EXAS j COUNTY OF BRA:CS j B7,FORE ME, the undersigned authority, a Notary Public in and for Brazos County,Texas, on this day personally arpeared it Dansby, known to me to be the -e- son whose name is subscribed to the foregoing instrument, and acknov°ledged to me that he executed the sane for the purposes and consider:_ tion jhefein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 22nd day of June, A.D. 1940. Ben D. Alexander, Notary Public in and - (SEAL) for Brazos County,Texas. The foregoing is a true copy of the original instrument which was filed for record on • the 24th day of June A.D. 1940 at 3 :30 o'clock p.m. -nd duly recorded on the 9th day of July A.D. 1940 at 3:30 o'clock p.m. to which I certify Frank Worsham, C.C.C.B. . l4 4 Deputy • 7 _ / 1 • • . ---C-E-R-T-I-F-I-C-A-T-E--- TH1 STATE OF TEA PS 1 COUNTY OF BRAZOS ) THE BRAZOS COUNTY A STF .::CT CWPANY, INC., hereby certifies that the foregoing pages from 1 to 93 inclusive, are a true and correct abstrcct of all instruments of record or on file in the offices of the Clerks of the `'ounty and District Courts of Brazos County, Texas, affecting the title to the real estate described on thecaption hereof from the Sovereignty of the Soil down to end including July 9, 1940. This certificate is issued for the use of and shall inure to the benefit of College Hills Jompany. WITNESS OUR SIGrIATURL AND S: AL at - Bryan, r - exas, this the 9th day of July, A. D. 1940, at 5:00 o'clock p.m. BRAZOS CO JTY AESTR_AC j COPANY, INC., BY: '%mA ,- oulter Hop 4/- President .: 0 ___ t � 9 �. A a SUPPLEMENTAL ABSTRACT OF TITLE (Supplementing our Abstract of Title #2898) TO BEING Lot Number Forty -one (41) in College Hills loodlands Subdivision in the Richard Carter League in the City of College Station, Brazos County, Texas and appearing in the name of J.C. Culpepper. FOR J.C. Culpepper PREPARED July 6th, 1950 BY BRAZOS COUNTY ABSTRACT COMPAI?Y, INC. Bryan, Texas NO. 7109 . I- N -D-E -X Kind of Abst. Grantor Grantee Instrument -- Book -- Page -- Record - -Page. Title Page 1 Index 2 Mit Dansby Y. Orchard Rel 18.... 290.... Rel 3 College Hills Co J M Orchard Deed 126...217....Deed.... 5 J.M. Orchard et ux J L Mobley Deed 12x.....26.... Deed.... 7 J.L. Mobley R Mudgett Tr D/T 23 412... D/T 9 J.C. Culpepper T.L. Mobley Rel 21 308...Rel 12 J.E. Mobley et ux W.F. Farrar Deed 126....302...Deed....14 J.L. Mobley Farm & Home Say....Trans 126....296...Deed....16 F. Farrar Farm & Home Say....D/T 28 324... D/T 18 Farm & Home Savings W.F. Farrar Rel 25 240...Rel 20 W.F. Farrar D I Eidemiller....Deed 144....469...Deed....22 D.I. Eidemiller J C. Culpepper Deed 144....519...Deed....24 J.C. Culpeper T Vu. Hu e s M/L W 212...Y/L,....26 Tax Certificate, A & M Consolidated d School District 29 Tax Certificate, City of College Station, Texas 29 - A Tax Certificate, Brazos County, Texas 30 Abstracter's Certificate 31 290 • • THE STATE OF TEXAS 1 COUNTY OF BRAZOS ( KNOW ALL MEN BY THESE PRESENTS: WHEREAS, on the 20th day of November, A. D., 1939, Mrs. Minnie Dansby et ri of the County of Brazos, State of Texas, did execute acknowledge and deliver to college Hills Company, A Corporation, with it's principal offices at College Station, Texas, a certain deed on the following described real estate: All that certain lot, tract or parcel of land lying and being situated in the Richard Carter League in Brazos County, Texas being a tract of 200 acres of land, said deed being duly recorded in Vol. 101, page 511, Deed Records of Brazos County, Texas, in which said deed a Vendor's Lien was retained to secure the prompt payment of ten (10) certain Vendor's Lien notes, executed by said College Hills Company, A Corporation, and payable t the order of Mit Dansby, each for the principal sum of 2,500, due and payable on or be- fore the 20th day of November, 1940; 1941; 1942; 1943; 1944; 1945; 1946; 1947; 1948; and 1949 respectively, together with interest from date at the rate of four (4%) per cent per annum, payable annually on November 20th, as it accrues; and as additional security for the payment of said notes the said College Hills Company, A Corporation, did execute a Deed of Trust of even date therewith to Aline Brogdon, Trustee, the same being duly recorded in the Records of Deeds of Trust of Brazos, County; Texas, reference being here made for a more complete description of said notes and terms to said Record; and, WHEREAS, the said College Hills Company has conveyed to Malcolm Orchard the following described lot, tract or partial of land, to -wit: Being_ all of Lot 41-- College Hills Woodlands, an addition to the City of College Station, and as recorded in Volume 104 - -Page 3, in the Deed Records of Brazos County, Texas. NOW THEREFORE, KNOW ALL MEN BY THESE ?RESENTS, that I, Mit Dansby, the owner and holder of said notes and said lien above described, in consideration of the premises and of the payment of the sum of ONE HUNDRED AND no /100 (4400.00) Dollars, to me paid by the said College Hills Company,.A Corporation, the receipt of which is hereby acknowledged and con- fessed, have this day and by these presents do RELEASE, DISCHARGE AND FOREVER -IT-CLAIM unto the said Malcolm Orchard, his heirs and assigns all of the right, title and interest in and to said tract of land above described which I have or may be entitled to by virtue of said Deed of Trust, notes, deed and Vendor's Lien and do hereby declare said lien fully " RELEASED and DISCHARGED insofar as it applies to the land above described, but no further, it being understood and agreed and expressly stipulated that this release is only partial being given to release said five acre tract of land above described and shall not effect or impair the aforesaid lien as to the remainder of said property not herein released. IN WITNESS WHEREOF, I have hereunto set my hand at Bryan, Texas, this 14th day of August, A. D., 1940. Mit Dansby Mit Dansby • THE - STATE OF TEXAS I COUNTY OF BRAZOS 1 • BEFORE ME, the undersigned authority, a Notary public in and for Brazos County, Texas, on this day personally appeared Mit Dansby, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 2nd day of October, A. D., 1943. A. L. Schiller (SEAL) Notary public in and for Brazos County, Texas 291 The foregoing is a true copy of the original instrument which was filed for record on the 23rd day of November, A. D., 1943 at 2 :20 o'clock p. m. and duly recorded on the 24th day of November, A. D., 1943 at 1:10 o'clock p. m. to which I certify. A. B. Sypt k C. C. . B. C. / ✓ �/Gta Deputy (w • THE STATE OF TEXAS 126/217 Deed COUNTY OF BRAZOS ( KNOW ALL MEN BY THESE PRESENTS: That COLLEGE HILLS COMPANY, a Texas , 1 Corporation, with its principal office at College Station, Texas, acting herein by and through its President, J.C. Culpepper, of the County of Brazos, State of Texas, for and in considera- tion of the sum of TEN AND N0 /100 ($10.00) DOLLARS and other good and valuable consideration to it in hand paid by J.1. orchard, as follows: CASH, in hand paid, the receipt of which is hereby acknowledged, have Granted, Sold and Conveyed, and by these presents do Grant, Sell and Convey, unto the said J.M. Orchard, of the County of Brazos, State of Texas, all that certain Tract, lot or parcel of land lying and being situ t ed in the Richard Carter Survey, Abstract No. 8, in Brazos ' County, Texas, and being more particularly described as follows: Lot NI' ber Forty One (41) of COLLEGE HILLS WOODLANDS, a subdivision of a part of a two hundred (200) acre tract of land in the Richard Carter Survey, in Brazos County, Texas, accord- ing to Plat of said subdivision recorded in Vol. 104, page 3, of the Seed Records of Brazos County, Texas, to which plat and its record reference is here made in aid of description,- i (This conveyance is made subject to restrictions imposed against said property by written instrument of record in Vol. 104, page 4 of the Deed Records of Brazos County, Texas) This deed is executed and delivered to replace a former deed which was executed and de- livered to J./j. Orchard on the 14th day of August, 1943, and which deed has been lost and never placed of record,- TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging unto the said J.k. Orchard, his heirs and assigns forever and said Corporation does hereby bind itself, its successors and assigns, to Warrant and Forever Defend, all and singular the said premises unto the said J.M. Orchard his heirs and assigns, against every person whomsoever lawfully claiming, or to claim the same, or any part thereof. IN WITNESS WHEREOF COLLEGE HILLS COMPANY, has caused these presents to be executed by its President, J.C. Culpepper, and Attested by its Secretary, in its name and behalf, and has caused its corporate seal to be hereto affixed at its of Pica in College Station, Texas, this 14th day of Oeptember, 1946. 55 Revenue Stamps Affixed & Cancelled. COLLEGE HILLS COMPANY (SEAL) ATTEST: BY: J.C. Culpepper 7.C. Culpepper, President. Mary Lake Culpepper, Secretary. TE STATE OF TEXAS :OUNTY OF BRAZOS I BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared J.C. Culpepper, rresident of College Hills Company, a corporation, known to me to be the person whose name is subscribed to the foregoing instru- ment, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, as the act and deed of said corporation and in the capacity therein stated. Given under my hand and seal of office, this the 14th day of September, A.D. 1946. (CEAL) B.H. Dewey, Jr., Notary Public in and for Brazos County, Texas. 21` • The foregoing is a true copy of the original instrument which was filed for record the 18th day of Sept. A.D. 1946, at 9 o'clock a.m. and duly recrded the 18th day of September, A.D. 1946, at 1:35 o'clock p.m. to which I certify. A.: Syptak, '- .C.B.C. Deputy (s) ..• 2F THE STATE OF TEXASI COUNTY OF BRA?US ( I KNOW A7,L PEN BY THESE } RESEI'TS: That we, J. M. Orchard and wife, Virginia urchard of the County of Brazos State of Texas, for and in consideration of the sun of FIVE HUNDRED AND NO /100 ($500.00) Dollars to me paid, and secured to be paid, by Jim L. I'obley and wife, Leona H. Mobley as follows: Cash, the receipt of all of which is hereby acknowledged, however, the sum of :500.00 of the above consideration is paid to me by J. C. Culpepper at the request of grantees here- in and the receipt of same from J.U.Culpepper is hereby acknowledged, and at the request of said, grantees we do hereby and herein retain a vendor's lien to secure the said J.C. Culpepper for the payment of the following described note: Being for the principal sum of $500.00, of even date herewitt}, executed by Jim L. Mobley and wife, Leona H. Mobley, pa- able to the order of J.C.Culpepper �, Y p pper at Bryan, Texas, on or before two (2) years from date, bearing interest at the rate of five (5) per cent _,er annum from date until paid, in- te_ t.st due and payable at maturit,: , and we do hereby and herein retain for the said J. C. Culpepper and transfer and assign unto him the vendor's lien retained herein and all the rights, liens, equities and remedies which we may have or might have by virtue of retaining said vendor's lien on the herein conveyed property; have Granted, sold and conveyed, and by these obley P resents do Grant, sell and con e the said Jim L. Mobley and wife, Leona H. Mr � Y, unto of the County of Brazos otate of Texas, all that certain tract or parcel of land being Lot Forty -one (41) College Hills Woodlands, a Subdivision of the Richard Carter League in Brazos County,Texas, according to said subdivision of record in Volume 1p � plat of 4, page 3, of the Deed Records of Brazos County, Texas. TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging unto the said Grantees, their heirs and assigns forever and we do hereby bind ourselves, our heirs, executors and a- ministrators, to Warrant and Foreve r Defend d � all and singular the said premises unto the said Grantees, their heirs and assigns, against every person whomsoever lawfully claim- ing, or to claim the same, or any part thereof. But it is expressly agreed and stipulated that the Vendor's Lien is retained against the above described property, premises and improvements, until the above described note, and all interest thereon are fully paid according to its face and tenor, effect and read- ing, when this deed shall become absolute. WITNESS our hands at Bryan, Texas,this 9th day of October, 1945. 55c Revenue Stamp affixed and J. M. Orchard duly cancelled. Virginia Orchard THE STATE TEXAS Q COUNTY OF BRAZOS r-+ BEFORE ME, the undersigned, a Notary public in and for said County • and State, on this day personally appeared J, + both known to me to be the persons whose names arersubscribe V irginia Orchard, him wife to the foregoing instrument Y and acknowledged to me that they each executed the same for the therein expressed, and the said Virginia Orchard, wife of the said J. M purposes Orchardshavinglor been examined by me privily and apart f om her husband, and having the same fully ex- plained to her, she, the said Virginia urchard acknowledged such instrument to e act and deed, and she declared that she had willingly signed the u her Y and consideration therein expressed, S G sane for the purposes and that she did not wish to retract it. Given under my hand and seal of office, this the 9th day of October A.D. 1945. ^ '' '- . /- '` R. Mudgett Notary .eubllo in and for (SEAL) Brazos uouuty,Toxao. � ^ The foregoing is a true copy of the vric7ioal instrument which was filed for record on the 22nd day of Oct. A.D. 1945 at 11:45 o'clock a.m, and duly recorded on the 22nd day of Oct. A.D. 1945 at 3;30 o'clock p.m. to which I certify ^, Deputy' _ _-_-__ . ` - — . ' ?� 4/g/2 THE STATE OF TEXAS, J 'T 4/2- 4/7 Know all Men by These Presents: COUNTY OF BRAZOS J THAT we, Jim L. Mobley and wife, Leona H. Mobley, of Brazos County, Texas, here- inafter styled parties of the first part, (and considered in the plural sense whether one or more) in consideration of the sum of One Dollar in hand paid to the parties of the first part, by R. Mudgett Trustee, party of the second part, of County, Texas, the re- ceipt whereof is hereby acknowledged, and of the further consideration, uses, purposes and trusts herein set forth and declared, have Granted, Bargained, Sold, Aliened, Conveyed and Confirmed, and by these presents do Grant, Bargain, Sell, Alien, Convey and Confirm, unto the said party of the second part, and also to the Substitute Trustee, as hereinafter pro- vided, all of the following described property, lying and situated in the County of Brazos, in the State of Texas, to -wit: Being Lot Forty -one (41) of College Hills Woodlands, a Subdivision of the Richard Carter League in Brazos County, Texas, according to plat of said Subdivision of record in Volume 104, page 3, of the Deed Records of Brazos County, Texas. together with all improvements thereon, or hereafter to be placed thereon, and all and sin- gular the rights and appurtenances to the same belonging or in anywise incident or apper- taining. TO HAVE AND TO HOLD unto the said party of the second part, and to his successors and his and their assigns forever, hereby covenanting and agreeing to Forever Warrant and Defend the premises aforesaid, and every part thereof, unto the said Trustee and to the Sub- stitute Trustee, and to the assigns of any Trustee hereunder, against all persons whomso- ever lawfully claiming or to claim the same or any hart thereof for and upon the following trusts, terms and conditions, to -wit: That, lhereas, the said parties of the first part are justly indebted to J. C. Culpepper party of the third part herein, as evidenced by one certain promissory note executed by the said parties of the first part, and payable to the order of the said party of the third part, and being further described as follows, to -wit: Being due and payable on or before October 9th., 1947 at Bryan, Texas; bearing interest at the rate of five (5%) per cent per annum from date until paid, said interest payable at maturity. Now, should the said parties of the first part make prompt payment of said indebtedn: and shall pay, or cause to be paid, all other indebtedness secured by this conveyance, both principal and interest, as the same shall become due and payable, and strictly comply with all the conditions and requirements herein provided, then this conveyance shall become null and void and of no further force or effect, and shall be released at the cost and expense of said parties of the first part. But should the said parties of the first part make de- fault in the.punctual payment of said indebtedness, or any part thereof, principal or in- terest, as the same shall become due and payable, or should said parties of the first part in any respect fail to keep and perform any one or more of the conditions herein provided to be kept and performed by said parties of the first part, then, and in any such case, the whole amount of said indebtedness remaining shall, at the option of the holder of said in- debtedness, immediately mature and become payable, and it shall thereupon, or at any time thereafter, the same, or any part thereof, remaining unpaid, be the duty of the said party of the second part herein, and of his successor or substitute, as hereinafter provided, on the request of the holder of said indebtedness thereof (which request is hereby presumed) to enforce this Trust; and after advertising the time, place and terms of the sale of all of the above conveyed and described property, or any part thereof (the privilege of selling 7 in whole or in part being hereby granted) for at least twenty -one days successively next before the day of sale, by posting up written or printed notices thereof at three public places in the County in which said real estate is situated, one of which shall be at the Court House Door of such County, to sell the same, in accordance with such advertisement, at public auction, in front of the Court House of the County in which said property is situ- ated, on the first Tuesday in any month between the hours of ten o'clock A. M. and four o'clock P. M. to the highest bidder for cash, selling all property above conveyed as an en- tirety or in parcels as the Trustee may elect, and make due conveyance to the purchaser or purchasers, with general warranty, binding the said parties of the first part herein and their heirs and assigns; and, out of the money arising from such sale, the Trustee acting shall pay: First, all the expenses of advertising sale and conveyance, including a com- mission of five per cent to himself, and then to the holder of said indebtedness, the full amount of principal and interest due and unpaid on said indebtedness, as hereinbefore set forth, and all taxes, assessments, insurance premiums or other advancements made, as pro- vided for herein, with interest thereon, rendering the balance of the purchase money, if any, to the said parties of the first part, their heirs or assigns; and said sale shall forever be a perpetual bar against the said parties of the first part, their heirs and as- . signs, and all other persons claiming under any of them. It is expressly agreed that the recitals in the conveyance to the purchaser shall be full evidence of the truth of the mat- ters therein stated, and all prerequisites to said sale shall be presumed to have been per- formed. The holder of said indebtedness shall have equal rights to become the purchaser at such sale, being the highest bidder. In case of absence, death, inability, refusal or failure of the Trustee herein named to act, a successor and substitute may be named, constituted and appointed by the holder of said indebtedness, without other formality than an appointment and designation in writing; and this conveyance shall vest in him, as Trustee, the estate and title in all premises and he shall thereupon hold, possess and execute all the title, rights, powers said pre P ► - and duties herein conferred on said Trustee named, and his conveyance to the purchaser shall be equally valid and effective; and such right to appoint a successor or Substitute Trustee shall exist as often and whenever from any of said causes, any Trustee, original or sub- stitute, cannot or will not act. It is agreed and stipulated that the parties of the first part herein shall and will at their own proper cost and expense, keep the property and premises herein described, and upon which a lien is hereby given and created, in good repair and condition, and pay and discharge as they are or may become payable, all and every taxes and assessments that are or may become payable thereon under any law, ordinance or regulation, whether made by Federal, State or Municipal authority, and shall keep said property fully insured in some company or companies approved by the holder of said indebtedness, to whom the loss, if any, shall be payable, and by whom the policies shall be kept. And in case of default made by the parties of the first part in performance of any of the foregoing stipulations, the same may be performed by the holder of said indebtedness, for account and at the expense of the parties of the first part, and any and all expense incurred and paid in so doing shall be payable by the parties of the first part to the party of the third part, with interest at the rate of ten per cent per annum from the date when the same was so incurred or paid, and shall stand secured and payable by and under this deed in like manner with the other in- debtedness herein mentioned, and the amount and nature of such expense and time when paid ,hall be held fully established by the affidavit of the holder of said indebtedness, or the holder's agent, or by the certificate of any Trustee acting hereunder. Provided, however, 44 I ' that the exercise of the right of advancement shall in nowise be considered or constitute a waiver of the right of the holder of said indebtedness to declare same, and all other indebtedness hereunder to be at once due and payable. It is further agreed and stipulated that the security herein and hereby provided shall not affect, nor be affected by, any other or further security taken or to be taken for the same indebtedness, or any part thereof; and the said parties of the first part hereby declare that the property hereinbefore mentioned and conveyed to said party of the second part forms no part of any property by them owned, used, occupied or claimed as their homestead or as exempt from forced sale under the laws of the State of Texas, and disclaim and renounce all and every claim thereto under any such law or laws. WITNESS our hands this ninth day of October, 1945. Jim L. Mobley Leona H. Mobley THE STATE OF TEXAS, 1 COUNTY OF BRAZOS i BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared Jim L. Movley and Leona H. Mobley, his wife, both known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledg- ed to me that they each executed the same for the purposes and consideration therein ex- pressed, and the said Leona H. Mobley, wife of the said Jim L. Mobley having been examined by me privily and apart from her husband, and having the same fully explained to her, she, • the said Leona H.- Mobley acknowledged such instrument to be her act and deed, and she de- clared that she had willingly signed the same for the purposes and consideration therein expressed, and that she did not wish to retract it. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the 9th day of October, A. D. 1945. R. Mudgett k. ;' (SEAL) Notary Public in and for Brazos County, Texas The foregoing is a true copy of the original instrument which was filed for record on the 22nd day of October, A. D., 1945 at 11 :45 o'clock p. m. and duly recorded on the 24th day , of October, A. D., 1945 at 9:10 o'clock a. m. to which I certify. 1. B. Syptalc, C. C. C. „B. C. (4 (�G A ) puty • `t w • • i 1 3. • • • • • • THE STATE OF TEXAS 0 • a COUNTY OF BRAZOS 1 r WHEREAS, by deed dated October 9, 1945, and recorded in Volume 121, page 26, of the Deed Records of Brazos County, Texas, J. M. Orchard and wife, Virginia Orchard conveyed to Jim L. Mobley and wife, Leona H. Mobley Lot No. Forty One (41) in College Hills Woodlands, a subdivi- sion in the Richard Carter League in Brazos County, Texas, retaining in said deed a vendors lien to secure the payment of one certain promissory note of even date with said deed, said note be- ing for the sum of 4500.00, executed by Jim L. Mobley and Leona H. Mobley, and payable to J. C. l - . Culpepper or order at Bryan, Texas, on or before two (2) years, reference being here made to said deed and to its record for further description of said land and note; and WHEREAS, said note has been paid by Jim L. Mobley, et ux., to J. C. Culpepper in full satisfaction of said encumbrance; NOW, THEREFORE, I, J. C. Culpepper, being the legal owner and holder of said note at the time of its a p yment, do hereby acknowledge the full and final payment of same, and do hereby release said land and every part thereof from the vendors lien, and all'other liens, heretofore existing to secure the payment of said note; and do hereby declare said note and lien fully paid off, discharged and forever released. WITNESS my hand this 19th day of September, 1946. J. C. Culpepper THE STATE OF TEXAS COUNTY OF BRAZOS 1 • BEFORE ME, the undersigned authority, on this day personally appeared J. C. Culpepper, known to me to be the person whose name is subscribed to the foregoing instrument, and he ac- knowledged to me that he executed the same for the purposes and consideration therein express- , ed. GIVEN under my hand and seal of office, this 19th day of September, A. D. 1946. Jean S. McKinley (SEAL) A Notary Public in and for Brazos County, Texas The foregoing is a true copy of the original instrument which was filed for record on the 24th day of September, A. D., 1946 at 3:00 o'clock p. m. and duly recorded on the 25th day of September, A. D., 1946 at 11:30 o'clock a. m. to which I certify. A. B. Syptak, C. C. C. B. C. Deputy (w) • II . • b � f • It Tilt: STATE OF TEAS j - COUNTY OF BRA ZOS ( KNOW ALL MEN BY THESE PRESENTS: 2 THAT we, Jim L. Mobley and wife, Leona H. Mobley, of the County of Brazos State of Tex ^s, for and in consideration of the sum of ELEVEN THOUSAND FOUR HUNDRED & NO /100 DOLLARS, to us paid, and secured to be paid, by W. Fred Farrar as foliows: The sum of THREE THOUSAND DOLLARS ($3,000.00) cash in hand paid, the receipt of w' hereby acknowledged end the balance as evidenced by one certain promissory note o+' herewith, said note being for the sum of EIGHTY FoUR HUNDRED DOLLARS ($8,400.r It # SA S 1 }l ` j THE STATE OF TEXAS j COUNTY OF BRA ZOS 1 ITTO'�/ ALL .TEN BY THESE PRESENTS: i'2 � - THAT we, Jim L. Mobley and wife, Leona H. Mobley, of the County of Brazos State of Texas, for end in consideration of the sum of ELEVEN THOUSAND FOUR HUNDRED & NO /100 DOLLARS, to us paid, and secured to be paid, by W. Fred Farrar es follows: The sum of THREE THOUSAND DOLLARS ($3,000.00) cash in hand neid, the receipt of which is hereby acknowledged and the ba . lence as evidenced by one certain promissory note of even d to herewith, said emote being for the sum of EIGHTY F0UR HUNDRED DOLLARS ($8,400.00) executed b� i r : • • THE STATE OF TEXAS EX C0L'NTY OF BRA ZOS p i 21 - .`24 .. l7HERE-S, by deed dated August 30, 1946, and not yet recorded, Jim L. :.obley, et ux., conveyed to W. red Farrar Lots Nos. TWENTY THREE (23) and FORTY ONE (41) of College F.ills `:ooalands, a Subdivision in the R. Carter League in Brazos County, Texas, retaining in said deed a vendors lien to recure the payment of one certain promissory note for the sum of EIGHTY FOUR HUNDRED DOLLARS ($8,400.00) executed by W. Fr ed Farrar and payable to Jim L. Mobley or order at Bryan, Texas, on or before thirty (30) days after date, reference being here rude to said deed and to its record for further description of said lend and note; and •30':1, 'INS AFORE, I, Jim L. Mobley, being the present legal owner end holder of said nct e, ' for valuable consideration this .day paid to me by Farm and Home Savings r nd Loan Association of i.:issouri, the receipt of which is hereby acknowledged, do hereby transfer, set over and assign unto Farm and Home Savings and Loan Association of Missouri, said above described note, together with the vendors lien securing payment of same, and for said consideration I do here- by transfer e nd convey unto said Farm and Home Savings and Lo <.n Association of Missouri, all my right, title, claim and interest in and to said lend and every part thereof, owned or claimed by me by virtue of said deed, note end lien. THIS ASSIGNI.'ILNT is made without recourse. • TO HAVE AND TO HOLD the same unto FARM AND HOME. SAVINGS AND LOAN ASSOCI°TION OF MISSOURI, its successors end assigns forever. WITNESS my; hand this 30th day of August, 1946. Jim L. Mobley c) THE O ST�,TE OF TEXAS CUA'i^y OF BRnzos J �c 2 9� .. =_ BEFORE h4. , the undersigned on this day personally a uthority, known to me to be nae Y appeared Ji the person who m acn t died se name is subscribed L. Mobley, me th ^t he executed the f oregoing . pressed. the same for the 3 instrument ne 5 purposes and consideration th :rein ex- t CT`'EP1 under m ( J_ L) Y hand and seal of office, this 21st day of Sep tembe 1 r, A. D.... (Joe E. Vincent) Joe E. Vincent, Notary 946. The rY rublic in and G for Braz is a true COPY of the on razos County, Texas. instrument which Pt ember A. D. 1946 at was filed for the 24th day of SE ginal September A. D 3:00 o'clock record on . 1946 at ock p•m• and duly recorded on the 2 4:45 o'clock p.m, to which I certify. I 24th day of A. B. Syprtak, r •.C.B.C. - ./ Deputy(t) .324 THE STATE OF TEXAS 1 c - 2 �' / � r ss. KNOW ALL MEN BY THESE PRESENTS: COUNTY OF BRAZOS 1 That W. Fred Farrar and wife Lorene Powell Farrar of the County of Brazos and ,,tate of Texas, 0 hereinafter referred to as Grantors, whether one or more, for and in consideration of FIVE DOLLARS to grantors in hand paid by the Trustees hereinafter named, the receipt whereof is hereby acknowledged, and in further consideration of the debt, covenants and trusts here- OA inafter mentioned, have Granted, Bargained, Sold and Conveyed, and by these presents do Grant, Bargain, Sell and Convey unto Robert L. Ewing and R. C. Franks, Trustees, herein referred to as the Trustees, (with power in any one of them to execute the provisions of this trust, and to foreclose and sell the following described property in accordance with the laws of Texas now in force and effect in the event of default as provided in the instrument to which refereno is made herein,) and to their successors or substitutes in this trust, and to their assigns, forever, in trust for the benefit of FARM AND HOME SAVINGS AND LOAN ASSOCIATION OF MISSOURI, a corporation organized under the laws of Missouri and hereinafter referred to as the Asso- clation, all and singular the following- described property, situate in Brazos County, Texas, T. . to -wit: Lots Nos. Twenty Three (23) and Forty One (41) in College Hills Woodlands, a subdivision in the R. Carter League in Brazos County, Texas, according to the map of said Subdivision of record in the Deed Records of Brazos County, Texas, and being the same property conveyed to W. Fred Farrar by Jim L Mobley et ux by deed dated August 30, 1946, and not Y Y Y g , , yet recorded, - together with all fixtures and equipment of every kind and character, including all electri= ?- cal wiring and plumbing, all heating, lighting, water supply, cooling, refrigerating and air - conditioning fixtures, apparatus and equipment, and all window- screens, shades end awnings, now in, on, about or connected with or that may hereafter be added or substituted and placed in, on ,, or about or connected with the above- described real estate, all of which fixtures and equip- ment shall for all purposes be deemed integral parts of the said real estate; all rents, pro- fits, revenues and royalties incident thereto or arising therefrom. TO HAVE AND TO HOLD THE SAME, together with all and singular the rights, easements, pri- vileges and appurtenances thereto in any wise belonging, unto the Trustees, their successors of substitutes in this trust, and their assigns, forever, and the Grantors do hereby bind them - selves, their heirs, executors, administrators and assigns to warrant and forever defend all and singular the said premises and property, real and personal, unto the Trustees, their suc- cessors, substitutes and assigns forever against every person whomsoever lawfully claiming or to claim the same or any part thereof. In trust and for the following purposes: To secure unto the Association, its successors and assigns, the full and prompt payment of all moneys that shall become due hereunder and the full and prompt payment of all moneys that shall become due on a certain note (herein referred to as the note hereby secured) bear "' ing even date herewith, executed by W. Fred Farrar and wife Lorene Powell Farrar in the prin- cipal sum of Eighty -four hundred and No /100 Dollars (8400.00) and payable to the Association or order at its office in Austin, Texas, upon terms and at a rate of interest therein stated with provisions for acceleration of maturity in event of default at the option of the Asso- ciation and for attorneys' fees. And Grantors hereby covenant with the Trustees and the Association as follows: 1t 1. The note hereby secured is executed in renewal and extension of the balance owing on one certain promissory note of even date herewith, executed by W. Fred Farrar and payable to the order of aim L. Mobley, said note being for the sum of *8,400.00 and being due on or be- 241 -,(/ fore 30 days after date, said note being given in part payment for the above described land and being secured by a vendors lien retained in the above mentioned deed; such lien and note were assigned to the association by written assignment of even date herewith, - to which reference is hereby made for a more complete description of said indebtedness, notes and liens. 2. Grantors shall pay to the Association each month, commencing October 1, 1946, the sum of 412.00, which shall be credited to an account of the Association in the name of g ran- tors to be held by the Association in trust for the payment of, and from which account pay - ments may be made upon taxes and premiums on insurance covering improvements on the property. 3. That there are secured hereby any further advances made by the Association to Gran- tors for any purpose at any time before release or satisfaction hereof, any such additional advance to be evidenced, if required by the Association, by a note executed by Grantors. 4. That there are hereby embodied and incorporated herein as a part hereof, as fully and completely for all purposes as if same had been set forth in full hereinabove, all those terms, conditions, covenants, agreements and provisions (including provisions for foreclo- sure and sale by trustee in event of default) contained in paragraphs numbered 1 to 12, in- clusive in Exhibit A of that certain instrument recorded in Book 19, Page 400 -407, of the records of trust deeds of Brazos County, Texas; and we, the grantors, have this day identi- fied by our signatures a true copy of Exhibit A of such instrument (excepting signatures and acknowledgments) and delivered same to the Association to be held by it with and as a part of this deed of trust. The covenants and provisions hereof shall enure to the benefit of or be binding and obligatory upon, as the case may be, the heirs, executors, administrators, successors, and assigns of the parties hereto and their privies. - Grantors covenant that they have the legal capacity to execute this instrument and the note hereby secured. WITNESS our hands this 30th day of August, A. D., 1946. STATE OF TEXAS W. Fred Farrar Lorene Powell Farrar COUNTY OF BRAZOS BEFORE ME, Joe E. Vincent, the undersigned notary public in and for Brazos County, Texas, on this day personally appeared W. Fred Farrar and his wife, Lorene Powell Farrar known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they executed the same for the purposes and consideration therein expressed, and the said Lorene Powell Farrar wife of W. Fred Farrar, having been examined by me privily and apart from her husband and having the same fully explained to her by me, she, the said Lorene Powell Farrar acknowledged such instrument to be her act and deed, and declared that she had willingly signed the same for the purposes and consideration therein expressed, and that she did not wish to retract it. GIVEN under my hand and seal of office this 21st day of September, A. D., 1946. Joe E. Vincent (Joe E. Vincent) (SEAL) Notary Public, Brazos County, Texas The foregoing is a true copy of the original instrument which was filed for record on the 24th day of September, A. D., 1946 at 3 :00 o'clock p. m. and duly recorded on the 25th day of September, A. D., 1946 at 11 :00 o'clock a. m. to which I certify. A B. Syptak, C. C. C. B. C. /(11/ J 1 ?II Deputy w • V • THE STATE OF TEXAS 0 1 . COUNTY OF BRAZOS a KNOW ALL MEN BY THESE PRESENTS: WHEREAS, on the 30th day of August, 1946, W. FRED FARRAR and wife, LORENE PCWELL FARRAR, of the County of Brazos, State of Texas, did execute, acknowledge and deliver to ROBERT L. EWING, ET AL, Trustees for the benefit of FARM AND HOME SAVINGS AND LOAN ASSOCIATION, with its principal office at Nevada, Missouri, a certain Deed of Trust on the following described real estate: Being Lots Numbers Twenty -three (23) and Forty -one (41) in College Hills Woodlands, a Subdivision of a part of a 200 acre tract of land out of the Richard Carter League, in the City of College Station, Brazes County, Texas, according to a plat of said Subdivision recorded in Volume 104, page 3, Deed Records of Brazos County, Texas, and being the same land conveyed by Jim L. Mobley, et ux to W. Fred Farrar, by Deed dated August 30, 1946, and recorded in Volume 126, page 302, Deed Records of Brazos County, Texas, to which plat deed and their record reference is here made for all purposes, In which said Deed of Trust a lien was retained to secure the prompt payment of a note executed by '1 1 _ • W. FRED FARRAR and rife, LORENE POWELL FARRAR, and payable to the order of FARM AND HOME SAVINGS AND LOAN ASSOCIATION in the principal sum of $8,400.00, payable at Austin, Texas, upon terms and interest rate as set out in said note, said note dated August 30, 1946, reference is here mane to said Deed of Trust for a more particular description of said note, lien and land; and WHEREAS, W. FRED FARRAR and wife, LORENE POWELL FARRAR, have sold the following described property: Being Lot Forty -one (41), College Hills Woodlands, a Subdivision of a part of a 20o acre tract of land out of the Richard Carter League in the City of College Station, Brazos County, Texas, according to a plat of said Subdivision recorded in Volume 104, page 3, Deed Records of Brazos County, Texas, and being part of the same land conveyed by Jim L. Mobley, et ux, to W. Fred Farrar, by Deed dated August 30, 1946, and recorded in Volume 126, page 302, Deed Records of Brazos County, Texas, to which plat deed and their record reference is here made for all purposes. NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That the FARM AND HOME SAVINGS AND LOAN ASSOCIATION of Nevada, Missouri, acting herein by its President, N. T. PATERSON, under its corporate seal, the owner and holder and payee in said note and lien above described, in consideration of the prem- ises and of the payment of the sum of THREE HUNDRED NINETY -ONE and 27/100 ($391.27) DOLLARS, to it paid by said W. FRED FARRAR and wife, LORENE POWELL FARRAR, the receipt of which it hereby acknowledges and confesses, have this day and by these presents do RELEASE, DISCHARGE, AND FOREVER QUIT -CLAIM unto the said W. FRED FARRAR and wife, LORENE POWFIL FARRAR, their heirs and assigns all the right, title, and interest in and to the said Lot Number Forty -one (41) in College Hills Woodlands, which it has or maybe entitled to by virtue of said Deed of Trust or any other lien held by it and Note and do hereby declare said lien fully released, and discharged insofar as they may apply to the land herein released, but ne further, it being p ng understood and agreed and expressly sti stipulated that this release is only PARTIAL, being given to release the above described property, and shall not affect or impair the aforesaid lien or liens as to the remainder of said property not herein released. IN WITNESS WHEREOF the FARM, AND HOME SAVINGS AND LOAN ASSOCIATION has caused these presents to be executed by its President, N. T. PATERSON, and its seal to be affixed, at Nevada, Missouri, this first day of June, A. D. 1950. FARM AND HOME SAVINGS AND IRAN ASSOCIATION, ATTEST: NEVADA, MISSOURI K. E. Kuhn BY N. T. Paterson ASST. SECRETARY PRESIDENT (SEAL) THE STATE OF MISSOURI Q COUNTY OF VERNON Q BEFORE ME, the undersigned authority, y, on this day personally appeared N. T. PATERSON, President of the FARM AND HOME SAVINGS AND LOAN ASSOCIATION of NEVADA, MISSOURI, known to me to be the person whose name is sub scribed to the foregoing instrument, and acknowledged to me that he had executed the said instrument for the purposes and oonsideration therein expressed, and in the capacity therein stated and as the act and deed of said corporation. • WITNESS MY HAND AND SEAL OF OFFICE this the 7th day of June, A. D. 1950. I (SEAL) Lucille Adamson Lucille Adamson Notary Public in and for Vernon County, Missouri MY commission expires January 29th, 1954. The foregoing is a true copy of the original instrument which was filed for record at 10:30 o'clock a. m. on the 9th day of June, A. D. 1950, and duly recorded at 3:50 o'clock p. m. on the 9th day of June, A. D. 1950, to which I certify. A. B. SYPTAIC, C.0 .B.C. 1Z Deputy 1`l W. Fred Farrar and payable to Jim L. Mobley or order at Bryan, / __6-1 o r h i , N Y , 'Texas, on or before thirty P days after date, said note bearing interest from date until aid Y ( annu past due interest at the rate of 6 per cent per' ' erest bear in g interest from p rom maturity at the rate of 6 I by suit or through this Pr and said Hate providing that per cent per annum, if same be not paid when due and be attorney for collection or be collected b placed in the hands of an 1 1 ob te Court, the maker thereof agrees to pay 10 per cent additional on the principal and interest then owing thereon a neys fees, - es attor- have G?ANTED SOLD and CONVEYED, and b these presents do GRANT, Sy W. red Farrar of the County of Brazos State of Texas, all that certain t tact t or Cu or unto the a nd lying and being siutated in Brazos Count • parcel of land Y, 1 ex<s, and being Lots Nos. T ";'IVTY THREE (23) and FORTY on : (41) of COLLEGE HILLS .'OODL;NDS, a subdivision in the x. County, Tex s, according to the map of said subdivision or record in the r Deed xecords of razo League in said Brazo County, Texas to �, ��iichma 8 p reference is here made for all purposes,- TO HAVE AND TO hOLD the above described premises, together with all and s_n--u th and appurtenances thereto in an � e rights anywise belonging, unto the said ',Y. rred Farrar, his heirs end assigns forever, and we do hereby bind ourselves, our heirs, executors and administrators, WARRANT. AND FOREVER DEFE1•': to WAR D , all : n d singular the said premises unto the said W. red Farrar, k his he and as;;igns, against every person whomsoever lawfully claiming or to ._ ` or any p rt thereof. claic: the sc�:e But it is ex_;ressly agreed and stipulated that the vendor's Lien ert is retained against the above described property, y, premises and improvements, " , until the above described note and all 'interest thereon are fully paid according to its face and tenor, effect and reading, when this deed s.! al b 2come absolute. .witness our hands at nr - an, 'Texas, this 30 day of August, A. 1). 1946. $12.65 revenue stamps affixed Jim L. L.obley a and daly cancelled. Leona n. Mobley Tr:. S` ; 2 ur 'r_y;A3 JuuNTY Ur' BRAZOS 1 BEFORE `, R. C. Pranks, A Notary Public in and for nrazos County, : :us, on t i. day personally ep ^eared dim L. . a and Y la's.. Leona n. u:obley, His wife, beth kn.•,• to rie to t < the I% ` rsons whose nr res are subscri bec, to the forego .nstrtraent, end ac- ! 1 ad ed to me that the each executed the me for th Y e s the a puza oses and considerations trerein _ -_ . _a, and the said Leone n, ...obley wife of the said e im L. n_obley having e me privily sod a � en examined by art from her husband, and ne. v the same Hilly explained to her, she, the said Leon. r_. ;_ bley acknowledged such instrument to be her act and deed, , and she decl' red th t she had wiLi: ly signed the same for the purposes and consideration therein expressed, and tat she did not : ish to redact it. ' 12. "lain„ ivil :Lai.) AaD o' AL CF OFFICE, this 21st d<sy of September, A. D. 1946. (31:AL) R. C. Franks, A Notary Public in and for Brazos County, Texas. The forego:r.g is a true copy of the original instrument which wrs filed for record on the 24th d;:y of September A. D. 1946 at 3 o'clock p.m. and duly recorded on the 25th day of September n. D. 1946 at 11:40 o'clock a.m. to c;hich 1 certify. A. B. ayptak 2C.C.3.C. Deputy(t) ,,• THE STATE OF TEXAS, KNOW: RESENTS: ALL MEN BY THESE P _ . COUNTY OF BRAZOS . That WE, W. FRED FARRAR and wife, LORENE PO ELL FARRAR of the County of Brazos, State of Texas for and in consideration of the sum of TEN AND N0 /100 (w10.00) DOLLARS and other good and valuable considerations, to us in hand paid by D. I. EIDF:MILLER and wife, ROBERTA B. EIDEIIILLER as follows: _ CASH, in hand paid, the receipt of which is hereby acknowledged: have Granted, Sold and Conveyed, and by these presents do Grant, Sell and Convey, unto the said D. I. EID::IIILLER and wife, ROBERTA B. EIDEI of the County of Brazos State of Texas all that certain lot, tract or parcel of land lying and being situated in the City of College Station, Brazos County, Texas and more fully described as follows: BEING Lot Number Forty -one (41), College Hills v +oodlands, a Subdivision of a part of a 200 acre tract of land out of the Richard Carter League in the City of College Station, Brazos County, Texas, according to a plat of said Subdivision recorded in Volume 104, page 3, Deed Records of Brazos County, Texas, and being part of the same land conveyed by Jim L. Mobley, et ux, to W. Fred Farrar, by Deed dated August 30, 1946, and recorded in Volume 126, page 302, Deed Records of Brazos County, Texas, to which plat deed and their record reference is here made for all purposes. Grantees assumes 1950 taxes. TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging unto the said J. I. EIDEMIILLER and wife, ROBERTA B. EIDEhIILLER, Their heirs and assigns forever and we do hereby bind ourselves, our heirs, executors and administrators, to warrant and Forever Defend, all and singular the said premises unto the said D. I. EIDEhfILLER and wife, ROBERTA B. EIDEIILLER, Their heirs and assigns, against every person whomsoever lawfully claiming, or to claim the same, or any part thereof. WITNESS our han:s at Bryan, Texas this first day of June, 1950. 31.65 Revenue Stamps affixed W.Fred Farrar and duly cancelled. Lorene Powell Farrar L' THE STATE OF TEXAS, COUNTY OF BRAZOS BEFORE ME the undersigned, a Notary Public in and for said County and State, on this day personally appeared 4. FRED FARRAR and LOREr.NEJOWELL (_) FARRAR, his wife, both known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they each executed the same for the purposes and consideration therein expressed, and the said LORENE POWELL FARRAR, wife of the said W. FRED FARRAR having been examined by me privily and apart from her husband, and having the same fully explained to her, she, the said LORENE POiJELL.FARkAR acknowledg. • • such instrument to be her act and deed, and she declared that she had willingly signed the same for the purposes and consideration therein expressed, and that she did not wish to retract it. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the First day of June, A.D. 1950. (S:.eL) B. H. Dewey, Jr. Notary Public in and for Brazos County, Texas. The foregoing is a true and correct copy of the original instrument which was filed for record on the 6th. day of June, A.D. 1950 at 1:30 o'clock p.m. and duly recorded on the 6th. day of June, A.D. 1950 at 4:20 o'clock p.m. to which I certify. A. B. Syptak, C. C C. B. C. . `O Deputy (d) • • . • • • THE STATE OF TEXAS Q /-115/—c§" ' 4 - COUNTY OF BRAZOS Q KNUW ALL MEN BY THESE PRESENTS: THAT WE, D. I. EIDEMILLER and wife, ROBERTA B. EIDEMTI.TFR, of the County of Brazos, State of Texas, for and in consideration of the sum of TEN AND N0 /100 ($10.00) DOLLARS and other good and valu- able considerations, to us in hand paid by J. C. CULPEPPER as follows: CASH, in hand paid, the receipt of which is hereby acknowledged; HAVE GRANTED, SOLD AND OJNVEYED, and by these presents do GRANT, SELL AND CONVEY, unto the said J. C. CULPEPPER, of the County of Brazos, State of Texas, all that certain lot, tract or parcel of land lying and being situated in the City of College Station, Brazos County, Texas, and more part- icularly described as follows: Being Lot Number Forty -one (41) in College Hills Woodlands Subdivision in the Richard Carter League in the City of College Station, Brazos County, Texas, according to a plat of said Subdivision recorded in Volume 104, page 3, Deed Records of Brazos Count', Texas, and being the same land conveyed by W. Fred Farrar, et ux, to D. I. demiller b Ei by Deed dated June 1, 1950, and recorded in Volume 144, page 469, need Records of Brazos County, Texas, to which plat, deed and their record reference is here made for all purposes. (This conveyance is made subject to restrictions imposed against said property by written instrument of record in Volume 104, page 2, Deed Records of Brazos County, Texas.) Grantee assumes 1950 taxes. TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging unto the said J. C. CULPEPPER, his heirs and assigns for- ever; and we do hereby bind UUTtSELVES, OUR heirs, executors and administrators, to WARRANT hND FOREVER DEFEND, all and singular the said premises unto the said J. C. CULPEPPER, HIS heirs and assigns, against every person whomsoever lawBally claiming, or to claim the same, or any part thereof. WITNESS OUR HANDS at Bryan, Texas, this 7th day of June, 1950. D. I. Eideniller D. I. EIDEMILLER Roberta B. Eidemiller ROBERTA B. EIDEMILLER $1.65 Revenue Stamps affixed and duly cancelled. THE STATE OF TEXAS 0 COUNTY OF BRAZOS 0 BEFORE 1.1E, the undersigned, a Notary Public in and for said County and State, on this day personally appeared D. I. EIDEMILLER and ROBERTA B. EIDEMILLER, his wife, both known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they each executed the same for the purposes and consideration therein expressed, and the said ROBERTA B. EIDEMILLER, wife of the said D. I. EIDEMILLER, having been examined by me privily and apart from her husband, and having the same fully explained to her, she, the said ROBERTA B. EIDEMILLER, acknowledged such instrument to be her act and deed, and she declared that she had willingly signed the same for the purposes and consideration therein expressed, and that she did not wish to retract it. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the 7th day of June, A. D. 1950. Edna C. Beard, (SEA) Notary Public in and for Brazos County, Texas The foregoing is a true copy of the original instrument which was filed for record at 10:00 o'clock a. m. on the 10th day of June, A. D. 1950, and duly recorded at 10:50 o'clock a. m. on the 12th day of June, A. D. 1950, to which I certify. A. B. SYPTAK, C.C. C.B.C. 1 " , / _ Deputy • Md ,d THE S TATE OF TEXAS' COUNTY OF BRAZOS 1 KNOW ALL MEN BY THESE PRESENTS: That I, J. C. Culpepper, not joined by my wife, because the hereinafter described property is no part of my homestead, of Brazos County,Texas, parties of the first part, and T. W. Hughes ughes of Brazos County, Texas, party of the second part, have this day entered into the following contract: WHERAS, the parties of the first part are desirous of buildinb, erecting and con- structing certain improvements, to -wit: Erect a Five (5) room frame dwelling with attached ;arage according to plans and speci- fications this day agreed upon, to be built, erected and constructed by the party of the second part, upon the following described tract, lot or paroel of land belonging to said parties of the first part to -wit: Being Lot Number Forty -one (41), College Hills Woodlands, A Subdivision of a part of a 200 acre tract of land out of the Richard Carter League in the City of College Station, Brazos County,Texas, according to a plat of said Subdivision recorded in Volume 104, page 3, Deed Records of Brazos County,Texas, and being part of the same land conveyed by Jim L. Mobley, et ux, to W. Fred Farrar, by Deed dated August 30, 1946, and recorded in Volume 126, page 302, Deed Records of Brazos County, Texas, and being the same land conveyed by D. I. Eidemiller et ux, to J.C. Culpepper, by Deed dated June 7, 1950, and recorded in volume 144, page 519, Deed Records of Brazos County,Texas, to whit plat deeds and their records reference is here made for all purposes. NOW, THEREFORE, in consideration that the party of the second part has agreed and does by these presents agree with the parties of the first part, that party of the second part will make, erect, build and finish in a good, substantial and workmanlike manner, by the first day of November, 1950, the said above mentioned improvements on the above described premises, performing or causing to be performed all of the labor in the erection and construction of the same, and furnishing all of the material of whatsoever kind necessary to be used in the erection and construction of the same, and paying all expenses incident to the said labor and furnishing of material; the said improvements to be built of good, substantial material and to be erected and constructed strictly ac- cording to the plans and specifications signed by the parties hereto for identification and made a part hereof, the parties of the first part hereby agree to pay to the party of the second part at Bryan, Texas, the sum of ELEVEN THOUSAND AND NO /100 Dollars, as follows: As evidenced by one certain promissory note in the principal sum of 1111,000.00, of even date herewith, executed by J. C. Culpepper payable to T. W. Hughes, on or before the first day of November, 1950, and bearing interest from maturity at the rate of 6% per annum, interest payable monthly as it accrues, both interest and principal payable at Bryan, Texas, said notes further providing for ten per cent additional, on the amount of principal and interest then due, as attorney's fees if placed in the hands of an attorney for collection or if suit is brought on same, and providing that failure to pay either of said notes, or any installment of interest when due, shall at the option of the holder of said notes, or either of them, mature all of said notes not then already due. It is expressly agreed and understood that to secure the payment of said notes, according to their face, tenor and effect, the party of the second Y part retains and shall have a valid and existing mechanic's, materialman's, laborer's and contractor's lien, equities, securities and interest in and to the above described real estate and c) �> the improvements now upon, and to be placed upon said land, and it is a'reed and under- stood that said notes may be assigned, and the assignee or purchaser shall have and be subrogated to all the riE,hts and equities of the party of the second part, to have and to hold the same, together with all the rights and appurtenances to the same belonging or in anywise incident or appertaining. It is also further a and stipulated that the parties of the first part shall, at their own cost and expense, keep the property and premises herein described, and upon which a lien is hereby created, in good repair and condition, and to pay all taxes due and to become due thereon, be'ore the same shall become delinquent, and shall keep the buildings, if any, and improvements that are insurable, insured in a sum of at least $11,000.00 in some fire insurance company approved by the party of the second part, or other holder of said notes, to whom the loss, if any, shall be payable, as his interest may appear; and by whom the policy or policies shall be kept. end in case of default made by the parties of the first part in the performance of any of the fore- going stipulations, the same .ray be performed by the party of the second part, or other holder of said notes, and the parties of the first part arree to repay to the payor thereof, all money thus expended by payor, with interest at the rate of ten per cent per annum from the date when the same was expended, and all sums thus expended shall stand secured by this contract in like manner with the above notes. Said parties of the first part hereby waive, in favor of the said indebtedness, all homestead exemptions and allowances, and all allowances in lieu of homestead, or for exempt articles, or for support, and all commissions which may accrue to either of them in any probate proceedings, if any, in which the said premises may be involved. Witness our hands at Bryan, Texas this 14th day of June, 1950. J. C. Culpepper J. C. Culpepper Party of the First Part. T. W. Hughes T. W. Hughes Party of the Second Part THE STATE OF TEXAS' CIDUNTY OF BRAZOS 1 BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared J. C. Culpepper and T. W. Hughes known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this the 23rd day of June, A.D. 1950. Charles C. Armstrong, Notary i in (SEAL) and for Brazos County,Texas. THE STATE OF TEXASI COUNTY OF BRAZOS 1 KNOW ALL MEN BY THESE PRESENTS: That I, T. W. Hughes, for and in consideration of the sum of ELEVEN THOUSAND AND N0 /100 ($11,000.) DOLLARS to be paid as hereinafter stated by G. S. Parker Lumber Company have sold, assigned and conveyed, and do by these presents, sell, assi-n and convey to the said G. S. Parker Lumber Company the certain promissory note, described in the fore ,oing and attached Mechanic's and Materialman's Lien Contract, together with the lien se- curing the same upon the premises described in the foregoing and attached Mechanic's and Materialman's Lien contract, together with all improvements to be erected thereon hereby transferring to the said purchaser all liens securing the said indebtedness, N j . and all rights of the undersigned in and to the said premises, and all rights under the fore- ; going and attached contract, and hereby subrogating the said purchaser to all rights of the undersined, under the said contract. Said sum agreed to he paid by the said purchaser for said note may be paid as the work upon the said improvements provided for in the fore;oing contract progresses, if the said pur chaser deems it safe and prudent to make such payments, but said entire amount shall be due and payable upon the completion of the said improvements, and when the undersigned shall have procured, for the said b y P , pur chaser, the written acceptance of the improvements/ the owners and when the undersigned shall furnish satisfactory evidence to the said purchaser that all bills or claims growing out of said building contract have been satisfied. During the erection of said improvements and until the acceptance of same by the owners, the undersigned agree to ke= said improvements insured for the benefit of the said purchaser for the sum of Eleven Thousand and No /100 Dollars, or so much of said sum as will be allowed by reputable insurance , companies. WITNESS my hand this 14th day of June, A.D. 1950. T. W. Hughes T. W. Hughes THE STATE OF TEXAS1 COUNTY OF BRAZOS I BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared P. W. Huhes, known to me to be the person whose name is subscribed to the fore.;oing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN under my hand and seal of office, this 23rd day of June, A.D. 1950. Charles C. Armstrong, Notary Public - (SEAL) Brazos County,Texas. The fore;,oing is a true copy of the original instrument which was filed for record on the lOth day of July A.D. 1950 at 2:15 o'clock p.m. and duly recorded on the 11th day of July A.D. 1950 at 1:50 o'clock p.m. to which 1 certify A. B. Syptak, C.0 C.B.C. Deputy TAX CERTIFICATE STATE OF TEXAS A & M GOILOLIDATED SCHOOL DISTRICTz L. S. Richardson, tax assessor- collector of the A & M Consolidated School District, hereby certify that all taxes on the r€a1 estate describe hereinafter in the A & M Consolidated independent School District of Coiled Station, Texas, have been paid of, and including; the year 1944 DESCRIPTION T PR OFCRT'f Lot 41, Woodlands R ndered intae name of J. M. Orchard 1 farther certify that there arw now no delinquent school taxes orz the above described property. WITNESS LT HAND OF OFFICE officially at College Statw.on Texas, this 8th day of June, 1950 SignedatziLi Tax Assessor and Collector 3f A & M Consolio.s.tod Independent School District° !l 4. TAX CERTIFICATE STATE OF TEXAS COU1'TY OF BRAZOS College Station, Texas June g, 1950 I, Tax Assessor- Collector for the City of College St.;tion, Texas and the A. &_ M. Consolidated Independent School District, hereby certify that I have made a careful check of the delinquent tax rolls in use in my office, and did not find a record of any delinquent taxes against the following described property, up to and including the year 19 49, except for the-years 19 • Amount Delinquent $ Current $ Total $ None Lot or Block Addition Abst. or acres or survey i.� -- 'Y Rendered in the name of W. F. Farrar for the year 19 49 This certificate is issued as a courtesy, without charge; no guaranty is made against errors. The person, company or corporation relying hereon takes the risk of any errors. Our delinquent rolls are public records, open to any taxpayer or Abstract and Title Company who wishes to check them. This certificate includes school taxes beginning with January 1, 1945. For clearance on school taxes for previous years, a certificate should be obtained from A. & M. Consolidated Independent School. Tax Assessor -Col ctor City of College Station, Texas A. & 11. Consolidated Independent School District T A X C E R T I F I C A T E THE STATE OF TEXAS 0 COUNTY OF BRAZOS ii Bryan, Texas, J.un s .23, 1950 I, I. M. +Yeedon, Tax Assessor — Collector for Brazos County, Texas, hereby certify that I have made a careful check of the delin- quent tax rolls in use in my office, and did not find a record of any delinquent taxes against the following described property, up to and including the year 1949 , x- AXX X3t • Amount delinquent $ Current $ Total $ Lotor Block Addition Abst.: or Acres: or Survey: 4I. College Hills Woodlands Rendered in the dame of W. Fred Farrar _ for the year 19 49 . This certificate Is issued as a courtesy, without charge; no guaranty is made against errors. The person, company or corporation relying hereon takes the risk of any errors. Our delinquent rolls are public records, open to any tax payer or Abstract and Title Company who wishes to check them. I. M. WEEDON Tax Assessor ollector, Brazos County, Texas. BY: fl. r(1,N.,LEL _ Deputy. s ' • . • ---C-E-R-T-I-F-I-C-A-T-E--- THE STATE OF TEXAS 0 x COUNTY OF BRAZOS 0 THE BRAZOS COUNTY ABSTRACT COMPANY, INC., hereby certifies that the above and foregoing Supplemental Abstract of Title taken in connection with Abstract of Title Number 2898 dated July 9th, 1940 and xr epared by the Brazos County Abstract Company, Inc., contains photo- graphic copies taken from the actual record of each and every instrument filed and recorded in the offices of the Clerk of the District Court and Clerk of the County Court of Brazos County, Texas, affecting title to the 7 operty described onthe caption hereof from the Sovereignty of the Soil down to date hereof. We also certify that the herein abstracted property lies wholly within the City of College Station, Wrazos County, Texas and that this abstract contains THIRTY TWO (32) pages. ? do not certify as to taxes but show on page 29 tax certificate from the A & M Consolidated School District and on page 29 -A tax certificate from the City of College Station and on page 30 tax certificate from the County of Brazos, showing condition of sal e. WITNESS OUR HANDS AND CORPORATE SEAL at Bryan, Texas this the 6th da;t of July, 1950 at 5 o' clock P.M. BRAZOS O1JNTY ABSTRACT COMPANY, INC. A i ity r 2 c,-,,,c.:‘.._) R _ ` Ira Mewl s - Sec. Treas. X - , -...1p 4 _ , *4 -4 , 7 - /