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Title Report *t* Brazos County Abstract Company "More Than 140 Years of Title Ser ice" P.O. Box 4704 Phone: (979) 731-1900 3800 Cross Park Drive Bryan, Texas 77805-4704 Fax: (979) 731-1381 Bryan, Texas 77802 BCAC CF NO. BC1402926 Title Report Prepared 10/20/2014 for Schultz Engineering, LLC ATTN: Joe Schultz, P.E. 2730 Longmire, Suite A College Station, TX 77845 "E perience Matters" Brazos County Abstract Company "More Than 140 Years of Title Service'' TITLE REPORT Effective Date: October 17,2014 at 8:00 am GIS NO: BC1402926 LEGAL DESCRIPTION: MI that certain lot, tract or parcel of land lying and being situated in Brazos County, Texas, in the Crawford Burnett League, Abstract No. 7, College Station, Texas. Said tract being a portion of the remainder of a called 108.88 acre tract as described by a Deed to Meath Phillips investments. LLC. recorded in Volume 9627, page 73 Official Records of Brazos County, Texas. Said tract being more particularly described by metes and bounds as follows: COMMENCING at a V: inch iron rod found on the southwest line of Old Wellborn Road marking the east corner of said remainder of 108.88 acre tract: THENCE: N 470 04' 17" W along the southwest line of Old Wellborn Road for a distance of 917.35 feet to the POINT OF BEGINNING of this herein described tract; THENCE: through said remainder of 108.88 acre tract for the following calls: S 420 14' 17" W for a distance of 644.85 feet to the extension of the northeast line of General Parkway(67' R.O.W.): N 47' 45' 43" W along the northeast line of General Parkway for a distance of 95.00 feet to the beginning of clockwise curve having a radius of 25.00 feet; Along said curse through a central angle of 90° 00' 00" for an arc distance of 39.27 feet (chord bears: N 020 45'43" W -35.36 feet)to the end of said curve; N 42" 14' 17" E fora distance of 16.51 feet; N 47°45'43" W for a distance of 50.00 feet; S 42° 14' 17" W for a distance of 16.51 feet to the beginning ()la clockwise curve having a radius(4'25.00 feet; Along said curve through a central angle of 90° 00' 00" for an arc distance of 39.27 feet (chord bears: S 87° 14' 17" W - 35.36 feet) to the end of said curve on the northeast line of'General Parkway; N 47° 45' 43" W along the northeast line of General Parkway for a distance of 65.00 feet to the beginning of a clockwise curve having a radius ol'25.00 feet; Along said curve through a central angle of 90" 00' 00" for an arc distance of 39.27 feet (chord bears: N 02°45'43" W - 35.36 feet) to the end of said curve: N 47° 45' 43" 'N across the end of a 24' public alley for a distance of 24.00 feet to the beginning ofa clockwise curve having a radius of 25.00 feet; Along said curve through a central angle of 90° 00' 00" for an arc distance of 39.27 feet (chord bears: S 87° 14' 17" W - 35.36 feet) to the end of said curve on the northeast line o f General Parkway: N 47° 45' 43" W along the northeast line of General Parkway for a distance of 65.00 feet to the beginning of a clockwise curve having a radius of'25.00 feet; Along said curve through a central angle of 90' 00' 00" for an arc distance of 39.27 feet (chord bears: N 02° 45' 43" W - 35.36 feet) to the end of said curve on the extension of the southeast line of Deacon Drive West; N 42° 14' 17" E for a distance of 21.50 feet; N 47°45'35" W across Deacon !)rive West for a distance of 85.00 feet; THENCE: continuing through said remainder of 108.88 acre tract and along the extension of the northwest line of Deacon Drive West for the following calls: N 42° 14' 17" F for a distance of 140.54 feet to the beginning ofa counterclockwise curve having a radius of 532.50 feet: Along said curve through a central angle of'07° Ol' 10" for an arc distance of 65.24 feet (chord bears; N 38°43'42" E -65.20 feet) to the end of said curve; N 35° 13'07" F for a distance of 260.61 feet to the beginning of clockwise curve having a radius of 617.50 feet; Along said curve through a central angle of 07° 01' 10" for an arc distance of 75.65 feet (chord bears: N 38°43'42" F -75.61 l'cet) to the end of said curve; N 42° 14' 17" E for a distance of 40.54 feet to the beginning of a counterclockwise curve having a radius of 25.00 feet; Along said curve through a central angle of 89° 18' 34" for an arc distance of 38.97 feet (chord bears: N 02° 25'00" W - 35.14 feet)to the end of said curve on the southwest line of Old Wellborn Road marking the north corner of this herein described tract; THENCE: S 47° 04' 17" E along the southwest line of old wellborn road for a distance of 574.21 feet to the POINT OF BEGINNING containing 7.654 acres of land,more or less. NO`li This Company does not represent that the above acreage or square footage calculations are correct. TITLE APPEARS TO BE VESTED IN: Heath Phillips Investments, LLC by Warranty Deed with Vendor's Lien from Arrenia H. Ellis, Florence 1-1. King, Lewis M. llaupt, Ill and Luella H.Trotter.dated May 13,2010,recorded in Volume 9627, page 73, Official Records of Brazos County, Texas. SUBJECT TO: LIENS: Deed of Trust. Security Agreement. Fixtures. Financing Statement and Assignment of Rents and Leases dated May 13. 2010. executed by Heath Phillips Investments, LLC to Julius C. Dunlap, Trustee, securing one note of even date payable to American Momentum Bank, in the principal amount of$2,994.200.00, recorded in Volume 9627, page 80, Official Records of Brazos County. Texas, and as modified rearranged and/or extended by instruments recorded in Volume 10220. page 151 and Volume 10470, page 133, Official Records of Brazos County, Texas. (covers 108.88 acres) Deed of Trust, Security Agreement, Fixtures, Financing Statement and Assignment of Rents and Leases dated October 4.2011.executed by I leath Phillips Investments, LLC to Tom Gicsenschlag, Trustee,securing one note of even date payable to Greens Prairie Investors, Ltd., in the principal amount of$2.600,000.00. recorded in Volume 10364. page 96. Official Records of Brazos County. Texas. (covers 108.88 acres) AI3STRACTS OF JUDGMENTS/FEDERAL AND/OR STATE LIENS: NONE OF RECORD EASEMENTS: Right-of=Way Easement from J. W. Mochas to Sinclair Relining Company. dated September 6, 1947. recorded in Volume 132, page 68. Deed Records of Brazos County,Texas. Right-of-Way Easement from P. 1D. Gandy et ux to City of Bryan, dated December 22, 1949, recorded in Volume 14 I, page 392, Deed Records of Brazos County,Texas. Right-of-Way Easement from Arrenia I laupt Ellis et al to Wellborn Special Utility District, dated May 12, 1999. recorded in Volume 3645, page 298. Official Records of Brazos County. Texas. Public Utility Easement from Arrenia 1 I. Ellis et al to City of College Station. Texas. dated May 24, 2006, recorded in Volume 7233, page 93, Official Records of Brazos County,Texas. Temporary Blanket Utility Easement from Heath Phillips Investments, LLC to City of College Station. Texas, dated November I, 2011, recorded in Volume 10420, page 239, Official Records of Brazos County.Texas. OUTSTANDING MINERALS AND/OR ROYALTIES: Royalty reservation in Deed from S. F. Machos et al to P. D. Gandy. dated October 3, 1949. recorded in Volume 140, page 614. Deed Records of Brazos County, Texas. Title to this reservation has not been traced subsequent to the date of the above-cited instrument. Mineral and groundwater reservation in Deed from Arrenia H. Ellis. et al to heath Phillips Investments. EEC. dated May 13. 2010. recorded in Volume 9637. page 73, Official Records of Brazos County. Texas. Title to this reservation has not been traced subsequent to the date of the above-cited instrument. OIL & GAS LEASES: Estate created by Oil and Gas Leases from Florence Haupt King et al to Baker Exploration Company, dated December, 1993, recorded in Volume 2020, pages 93, 113, 122 and 140, Official Records of Brazos County. Texas. Title to this lease has not been traced subsequent to the date of the above-cited instrument. Estate created by Oil and Gas Lease from Lewis M. Haupt to Baker Exploration Company,dated January 5. 1994. recorded in Volume 2020. page 146,Official Records of Brazos County,Texas. Tide to this lease has not been traced subsequent to the date oldie above-cited instrument. Estate created by Memorandums of Oil and Gas Leas(*) from Luella l I. Trotter, et al to BRW Land Services.dated December 19. 2012. recorded in Volume 1 1 145, pages 9, 14,and 16,Official Records of Brazos County.Texas. Title to said lease(s)has not been traced subsequent to the date of the above-cited instrument, RESTRICTIONS OF RECORD: Restrictive covenants recorded in Volume 8986, page 115 and Volume 10671,page 145, Official Records of Brazos County,Texas. TAXES/ASSESSMENTS: NONE REQUESTED MISCELLANEOUS: Perms,conditions and stipulations contained in 13111 of Sale for Water rights from Haupt Family Partnership to the I laupt Water Partnership,dated December 7, 2000, recorded in Volume 4012,page 288.Official Records of Brazos County. "Texas. The terms. conditions and stipulations contained in the Declaration of Covenants, Conditions and Restrictions, executed by Greens Prairie Investors, Ltd.. dated March 3, 2009. recorded in Volume 8986. page 115 and amended in Volume 10671, page 145 and management certificate in Volume 9520. page 215, Official Records ol'I3razos County, Texas. Maintenance charge as set forth in the Declaration ol'Covcnants, Conditions and Restrictions executed by Greens Prairie Investors. Ltd.. dated March 3. 2009, recorded in Volume 8986, page 115 and amended in Volume 10671, page 145, Official Records of Brazos County, Texas. All leases. ,.rants. exceptions or reservations of coal, lignite, oil, gas and other minerals, together with all rights. privileges and immunities relating thereto.appearing in the Public Records, whether listed or not. There may be leases.grants.exceptions or reservations of mineral interests that arc not listed. THIS TITLE REPORT IS ISSUED WITH THE EXPRESS UNDERSTANDING, EVIDENCED BY THE ACCEPTANCE OF SAME THAT THE UNDERSIGNED, BrazosConnty Abstract Company DOES NOT UNDERTAKE HEREIN TO GIVE OR EXPRESS ANY OPINION AS TO THE VALIDITY OF THE TITLE TO TITE PROPERTY ABOVE DESCRIBED, NOR AS TO THE VALIDITY OF ANY OF THE INSTRUMENTS REPORTED HEREIN, INCLUDING THE PURPORTED DEED(S) ESTABLISHING THE RECORD OWNERS)CITED ABOVE, BUT IS SIMPLY REPORTING BRIEFLY HEREIN AS TO THE INSTRUMENTS FOUND OF RECORD PERTAINING TO SAID PROPERTY,AND IT IS EXPRESSLY UNDERSTOOD ANI)AGREED THAT THIS TITLE REPORT IS NEITHER A GUARANTY NOR WARRANTY OF THE TITLE. BY ACCEPTANCE OF THIS TITLE REPORT IT IS UNDERSTOOD THAT THE LIABILITY OF THE ISSUER HEREOF IS EXPRESSLY LIMITED TO THE ACTUAL MONETARY CONSIDERATION PAID FOR SAID REPORT BY Schultz Engineering, LLC.THIS SEARCI[ HAS BEEN LIMITED TO THE ABOVE MATTERS ANI)THE ABOVE TIME PERIOD; AND WE HAVE NOT SEARCHED FOR, NOR HAVE REFLECTED HEREIN,ANY EXAMINATION AS TO TAX SUITS,SPECIAL ASSESSMENTS,CONFLICTS OR OTHER INSTRUMENTS WHICH MAY AFFECT TITLE TO THE SUBJECT PROPERTY. IF TITLE INSURANCE COVERAGE,WHICH IS NOT PROVIDED BY THIS REPORT, IS NEEDED,SAID COVERAGE IS AVAILABLE THROUGH THE APPLICABLE PROMULGATED POLICY(IES),AND AT A SPECIFIED RATE PREMIUM. Brazos County Abstract Comps BY: doeldiarp• "