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00070529GENERAL WARRANTY DEED STATE OF TEXAS COUNTY OF BRAZOS KNOW ALL MEN BY THESE PRESENTS: THAT STEPHEN E. LUMPEE and DENISE LUMPEE (hereinafter referred to collectively as "Grantor "), for and in consideration of the sum of TEN and NO/ 100 DOLLARS ($10.00) cash and other good and valuable consideration in hand paid by LUMPEE PROPERTIES, LTD., a Texas limited partnership, (hereinafter referred to as "Grantee "), the receipt and sufficiency of which is hereby acknowledged and confessed, has GRANTED, SOLD and CONVEYED, and by these presents does GRANT, SELL and CONVEY unto Grantee the properties, together with all improve- ments situated thereon (hereinafter collectively referred to as "Subject Properties ") described on Exhibit "A" attached hereto and by this reference incorporated herein for all purposes. Grantor does hereby convey the Subject Properties, together with all rights, titles and interests of Grantor in and to any roads, easements, streets and rights -of -way within, adjoining, adjacent or contiguous to the Subject Properties, and all condemnation awards, reservations, remainders, together with each and every right, privilege, hereditament and appurtenance in anywise incident or appertaining to the Subject Properties. The term "Subject Properties" shall refer to and include the properties as described in this paragraph. The conveyance made hereby and the warranties (if any) made hereunder are made by the Grantor and accepted by Grantee subject to the following matters, to the extent same are in effect at this time: any and all leases, restrictions, covenants, conditions, liens, encumbrances, reservations, easements, and other exceptions to title, if any, relating to the Subject Properties, but only to the extent they are still in force and effect and shown of record in the above - mentioned county and state, and to all zoning laws, regulations and ordinances of municipal and/or other governmental or quasi - governmental authorities, if any, but only to the extent that they are still in effect, relating to the Subject Properties and to all matters which would be revealed by an inspection and/or a current survey of the Subject Properties. TO HAVE AND TO HOLD the Subject Properties, to the extent conveyed hereby, together with all and singular the rights and appurtenances thereto in anywise belonging unto Grantee and Grantee's successors and assigns forever; and Grantor does hereby bind Grantor and Grantor's heirs, executors, administrators and assigns to warrant and forever defend all and singular the Subject Properties, to the extent conveyed hereby, unto Grantee and Grantee's successors and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof. Denise Lumpee, being the wife of Stephen E. Lumpee, for herself and for her heirs, executors, administrators and assigns, joins in this Deed and signs it for the express and sole purpose of hereby releasing forever and conveying to Grantee any and all of her rights and interests in the Subject Property, including without limitation, any homestead and/or community property rights and interests therein or relating thereto, it being expressly understood, however, that Denise Lumpee makes no warranties of title or otherwise herein, statutory, express or implied. Taxes for the current year have been prorated and are assumed by Grantee. EXECUTED on this the day of j,; ^ e , 2001. GRANTOR: STEP EN E. LUMPEE DE RISE LUMPEE 2 THE STATE OF TEXAS COUNTY OF BRAZOS BEFORE ME, the undersigned authority, on this day personally appeared STEPHEN E. LUMPEE, known to me to be the person whose name is subscribed to the foregoing instrument as Grantor, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. r GIVEN UNDER MY HAND AND SEAL OF OFFICE, this ( day of, 2001. PU n J. RAMIREZ ** Notary Public, State of Texas My Commission Expires DECEMBER 7 2003 . � ►�� = ,_mom - �-- .�.���_ THE STATE OF TEXAS COUNTY OF BRAZOS BEFORE ME, the undersigned authority, on this day personally appeared DENISE LUMPEE, known to me to be the person whose name is subscribed to the foregoing instrument as Grantor, and acknowledged to me that she executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of 1 2001. ro Y P J. RAMIREZ r I ° Notary Public, State of Texas �— * * My Commission Expires DECEMBER 7 2003 Nota lic in d for e ate of Texas AFTER RECORDING RETURN TO: Jonathan W. DePriest, Esq. Chamberlain, Hrdlicka, White, Williams & Martin 1200 Smith Street, Suite 1400 Houston, Texas 77002 -4310 296582.1 001026-000000:6/l/01 3 EXHIBIT "A" Tract 1 Lot One (1), Red Line Subdivision, City of College Station, according to plat thereof recorded in Volume 1722, Page 53 of the Official Records of Brazos County Texas. SAVE AND EXCEPT: 0.045 ACRES TO BE CONVEYED TO THE State of Texas for widening Texas Avenue. Being 0.018 hectare (0.045 acre) of land, more or less, in the Morgan Rector League, Abstract No. 46, Brazos County, Texas, being part of and out of that certain 0.7315 acre tract of land conveyed from G.H. Ingram, Jr. to Red Line Burgers, Inc. in deed dated July 21, 1992, and recorded in the Official Records of Brazos County, in Volume 1591, Page 301 and under County Clerk's File No. 500272, and being Lot 1 of Red Line Subdivision as shown on the plat recorded in the Official Records of Brazos County, in Volume 1722, Page 53; said 0.018 hectare of land being more particularly described as follows: COMMENCING at a 13mm (%2 inch) iron rod found for most easterly corner of the Red Line Burgers, Inc. tract and being on the northwesterly line of Lot 1R -1 of the Brentwood, Section 4 Resubdivision as shown on plat recorded in the Official Records of Brazos County in Volume 1810, Page 283, thence as follows: South 41 ° 30' 19" West, with the common line of said Brentwood, Section 4 Resubdivision and said Red Line Burgers, Inc. tract, a distance of 66.059 meters (216.73 feet) to a 16mm (5 /8inch) iron rod with aluminum TxDOT disk set in the proposed northeasterly right of way line of BS 6 -R, and being the POINT OF BEGINNING of the herein described parcel having surface coordinates of X =1 085771.672 and Y = 3111768.800 (all bearings and coordinates are based on the Texas State Plume Coordinate System, Central Zone, NAD 1983, coordinates are converted to metric and provided by TxDOT. All distances and coordinates shown are surface, and may be converted to grid by multiplying by a combined adjustment factor of 0.99988), having a station of 21 +601.271, and an offset of 19.500 meters (63.98 feet) left of the proposed baseline of BS 6 -R. THENCE, SOUTH 41 30'19" West, continuing with the common line of said Brentwood, Section 4 Resubdivision and said Red Line Burgers, Inc. tract, a distance of 4.312 meters (14.15 feet) to the existing northeasterly right of way line of BS 6 -R, based on a width of 30.480 meters (100.00 feet) recorded in the Deed Records of Brazos County in Volume 420, Page 95, from which a found 16mm (5/8 inch) iron rod bears South 42' West, a distance of 0.076 meters (0.25 feet); THENCE, NORTH 49° 28'04" West, with the existing northeasterly right of way line of BS 6 -R, a distance of 41.956 meters (137.65 feet) to the most southerly corner of Block 2 of 1 Brentwood Section 1 as shown on the plat recorded in Deed Records of Brazos County in Volume 335, Page 313, and the most westerly corner of said Red Line Burgers, Inc. tract; THENCE, NORTH 41 39'57" East, with the common line of said Block 2 and said Red Line Burgers, Inc. tract, a distance of 4.281 meters (14.05 feet) to a 16mm (5/8 inch) iron rod with aluminum TxDOT disk set in the proposed northeasterly right of way line of BS 6 -R, having a station of 21 +559.327, and an offset of 19.500 meters (63.98 feet) left of the proposed baseline of BS 6 -R; THENCE, SOUTH 49 30'38" East, with the proposed northeasterly right of way line of BS 6 -R, a distance of 41.945 metes (137.61 feet) to the POINT OF BEGINNING, and continuing 0.018 hectare (0.045 acre), more or less. This conveyance is made subject to the following restrictions and exceptions: a. Restrictions recorded in Volume 144, Page 448, Deed Records, Brazos County, Texas. b. Easements and Building Lines as shown on plat recorded in Volume 1722, page 53 of the Official Records of Brazos County, Texas. Blanket Easement dated July 21, 1919, executed by V. J. Boriskie to Humble Pipe Line Company, recorded in Volume 49, Page 33, Deed Records, Brazos County, Texas. d. Blanket Easement dated April 30, 1937, executed by V. J. Boriskie to City of Bryan, recorded in Volume 98, Page 217, Deed Records, Brazos County, Texas. Easement dated March 30, 1994, executed by Red Line Burgers, Inc. to GTE Southwest Inc. recorded in Volume 2096, Page 131, Official Records, Brazos County, Texas. f. Easement dated September 16, 1993, executed by Red Line Burgers, Inc. to City of College Station, recorded in Volume 1913, Page 148, Official Records, Brazos County, Texas. g. Oil and Gas Lease dated July 13, 1992, executed by Red Line Burgers, Inc. to Inco Oil Corporation recorded in Volume 1614, Page 75, Official Records, Brazos County, Texas. Tract 2 Being all that certain tract or parcel of land lying and being situated in the Morgan Rector League, Abstract No. 46 in the City of College Station, Brazos County, Texas and being all of Lots Eighteen (18) through Thirty (30) inclusive, Block Two (2), Brentwood Section One, W an addition to the City of College Station, Brazos County, Texas, according to the plat recorded in Volume 335, Page 313 of the Brazos County Deed Records (B.C.D.R.), Texas, and part of lot Two (2), Block Two, Brentwood Section Four, an addition to the City of College Station, Brazos County, Texas, according to vacating and resubdivision plat recorded in Volume 459, Page 505 (B.C.D.R.) and being more particularly described by metes and bounds as follows: BEGINNING at a' /2 -inch iron rod found for the north corner of said Lot 30, Block Two of Brentwood Section One, the common most westerly corner of Lot 26 and Lot 27, Block Four of Brentwood Section Two as described in Volume 354, Page 731 (B.C.D.R.) and being in the southeast right -of -way line of Brentwood Drive (based on a 70 -foot width); THENCE S 48 ° 11' 30" E for a distance of 398.76 feet along the southwest line of said Brentwood Section Two Subdivision, said line also being common with the northeast line of Lot 30, Block Two of Brentwood Section One and the northeast line of Lot 2, Block Two of Brentwood Section Four Resubdivision to a %2 -inch iron rod set for corner, from whence a set %2 -inch iron rod in the northwest right -of -way line of Southwest Parkway bears S 48' 11' 30" E at a distance of 534.22 feet for reference. THENCE S 41 49' 12" W through the interior of said Lot 2, Block Two of Brentwood Section Four for a distance of 360.85 feet to a %2 -inch iron rod set for corner, said corner being in the common line of the southwest line of said Lot 2, Block Two of Brentwood Section Four and the northeast line of Lot 1R -1, Block Two of Brentwood Section Four Resubdivision as recorded in Volume 1810, Page 283 of the Official Records of Brazos County, Texas (O.R.B.C.); THENCE N 49 ° 32'47" W (called N 49' 3F21 " W) for a distance of 64.13 feet along said common line to a found %2 -inch iron rod marking the north corner of said Lot 1R -1, Block Two of Brentwood Section Four Resubdivision; THENCE S 40° 43'04" W (called S 40° 44'30" W) along the northwest line of said Lot 1R- 1 for a distance of 169.04 feet to a found %2 -inch iron rod for corner, said iron rod also marking the most easterly corner of Lot 1 of Red Line Subdivision as recorded in Volume 1722, Page 53 (O.R.B.C.); THENCE N 49 06'33" W for a distance of 137.49 feet (called N 49° 15'30" W - 137.40 feet) to a found chiseled "x" mark in the top of a concrete retaining wall for the north corner of the said Red Line Subdivision, said iron rod also being in the southeast line of Block Two of the before mentioned Brentwood Section One; THENCE N 41 ° 48' 30" E along the southeast line of said Brentwood Section One for a distance of 208.58 feet to a found %2 -inch iron rod marking the common most southerly corner of Lots 17 and 18, Block Two of said Brentwood Section One; 3 THENCE N 48 ° 11'30"W along the common line of said Lots 17 and 18 for a distance of 200.31 feet to a found %2 -inch iron rod for corner, said iron rod also being in the southeast right -of -way of the before said Brentwood Drive; THENCE N 41 48'30" E along said Brentwood Drive right -of -way line for a distance of 325.00 feet to the POINT OF BEGINNING and containing 3.675 acres of land, more or less. This conveyance is made subject to the following restrictions and exceptions: Easements and Building Lines shown on the plat recorded in Volume 335, Page 313, Brazos County Real Property Records; Easements and Building Lines shown on the plat recorded in Volume 459, Page 505, Brazos County Real Property Records; Easement from Greater Texas Federal Credit Union to the City of College Station, Texas, dated November 7,1996, of record in Volume 2721, Page 343, Brazos County Real Property Records; Easement from Commerce National Bank, et al, to R & S Leasing, dated June 29, 1993, of Record in Volume 1840, Page 60, Brazos County Real Property Records, and also as shown on replat of record in Volume 1810, Page 283, Brazos County Real Property Records; Mineral Reservation in Deed from Brentwood, Inc. to Greater Texas Federal Credit Union, dated November 20, 1995, and of record in Volume 2483, Page 253, Brazos County Real Property Records; Tract 3 Being all that certain tract or parcel of land lying and being situated in the Morgan Rector League, Abstract No. 46 in the City of College Station, Brazos County, Texas, and being part of Lot Two (2), Block Two (2), Brentwood Section Four, an addition to the City of College Station, Brazos County, Texas, according to vacating and resubdivision plat recorded in Volume 459, Page 505 of the Deed Records of Brazos County, Texas, and being more particularly described by metes and bounds as follows: COMMENCING: at a ' / 2 inch iron rod found for the north corner of Lot 30, Block 2 of Brentwood Section One, as recorded in Volume 335, Page 313 of the Deed Records o Brazos County, Texas, the common most westerly corner of Lot 26 and Lot 27, Block 4 of Brentwood - Section Two as described in Volume 354, Page 731 of the Deed Records of Brazos County, Texas, and being the southeast right -of -way line of Brentwood Drive (based on a 70 - foot width); THENCE: S 48' 11' 30" E for distance of 398.76 feet along the southwest line of said Brentwood Section Two Subdivision, said line also being common with the northeast line 2 of Lot 30, Block 2 of Brentwood Section One and the northeast line of said Lot 2, Block 2 of Brentwood Section Four Resubdivision to the Point of Beginning; THENCE: S 48' 11' 30" E continuing along said line for a distance of 73.50 feet to a wood stake set for corner; THENCE: S 41 ° 49' 12" W through the interior of said Lot 2, Block 2 of Brentwood Section 2 for a distance of 359.11 feet to a wood stake set for corner, said corner also being in the common line of the southwest line of said Lot 2, Block 2 of Brentwood Section Two and the northeast line of Lot 1 R -1, Block 2 of the Brentwood Section Four Resubdivision as recorded in Volume 1810, Page 283 of the Official Records of Brazos County, Texas. THENCE: N 49' 32'47" W (called N 49' 3l'21 " W) for a distance of 73.52 feet along said common line to a set % inch iron rod for corner; THENCE: N 41' 49'12" E for a distance of 360.85 feet to the POINT OF BEGINNING and containing 0.607 acres of land, more or less. Exceptions to Conveyance and Warranty: a. Temporary Blanket Easement from Greater Texas Federal Credit Union to City of College Station, dated November 7, 1996, recorded in Volume 2721, Page 343, Official Records, Brazos County, Texas. b. Easement between Greater Texas Federal Credit Union and Stephen E. Lumpee dated March 15, 2000, recorded in Volume 3760, Page 40, Official Records, Brazos County, Texas. C. Mineral Reservation in Deed from Brentwood, Inc. to Greater Texas Federal Credit Union dated November 20, 1995, recorded in Volume 2483, Page 253, Official Records, Brazos County, Texas. d. An easement appurtenant to the tract of land owned by Greater Texas Federal Credit Union between the Property and Southwest Parkway, a non - exclusive right, in common with Grantee, for parking of vehicles and for ingress and egress, for the common benefit of Greater Texas Federal Credit Union and Grantee, and their respective guests, customers, employees, invitees, heirs, successors and assigns as recorded in that certain Correction to Special Warranty Deed, dated December 27, 2000, in Volume 4032, Page 138, Official Records, Brazos County, Texas. 5 CERTIFICATE OF LIMITED PARTNERSHIP OF LUMPEE PROPERTIES, LTD. The name of the partnership is LUMPEE PROPERTIES, LTD. 2. The address of the registered office of the partnership is 1419 Harpers Ferry Road, College Station, Texas 77845 3. The name of the registered agent of the partnership is Stephen E. Lumpee, and the address of the registered agent of the partnership is 1419 Harpers Ferry Road, College Station, Texas 77845. 4. The address of the principal office where records of the partnership are to be kept and made available for inspection is 1419 Harpers Ferry Road, College Station, Texas 77845. 5. The name of the general partner is LUMPEE PROPERTIES MANAGEMENT, L.L.C., a Texas limited liability company, and the mailing address of said general partner is 1419 Harpers Ferry Road, College Station, Texas 77845. GENERAL PARTNER: LUMPEE PROPERTIES MANAGEMENT, L.L.C. ci By: - Ste hen E. Lumpee, President 294504. 1 001020- 000000