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00070863Bouga Falaya J� �N Scale = 1: 244 Feet 1 S 45° 53'39" W 533.62 2 N 44° 23'W 839.93 3 N 45° 43'49" E 252.9 4 N 43° 10'42" W 39.22 5 N 45° 24'52" E 277.39 6 S 44° 32'45" E 882.21 n '21 \ -; NUM Praparad by the State liar of 'rexas for use by Lawyers only. 5 -74 -IOM To select the proper form, Jill In blank spaces, strike out.form provisions or insert special terms constitutes the practice of law. No "standard form" can meet all requirements. WARRANTY DEED WITH VENDOR'S LIEN THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF BRAZOS That we, JOHN W. HOLICK and wife, DOROTHY E. HOLICK, of the County of Brazos, and State of Texas, for and in consideration of the sum of _ _ _ , .TEN AND N0 1100 ( $10.00) — — — — _ _ DOLLARS and otlier valuable consideration to the undersigned paid by the grantee herein named, the receipt of which is hereby acknowledged, and the further consideration of the execution and delivery by the Grantee herein of her one certain Promissory Note in the sum of FIFTEEN THOUSAND FIVE HUNDRED FORTY AND N01100 DOLLARS of even date herewith and bearing interest from date until maturity at the'rate of 8j% per annum, payable to the order of JOHN W. HOLICK and wife, DOROTHY E. HOLICK, at College Station, Texas, in 10 annual installments of $2,368.45 each, same including both principal and interest, and the first annual installmen' '; becoming due and payable on or before the 19th day of December, 1976, and a like annual installment becoming due and payable on or before tLe 19th day of December of each succeeding year thereafter until said Note is paid in furl; and said Note provides for past due interest, accelerated maturity, and the usual collection fees; The maker of the above described $15,540.00 Note may pay off the entire unpaid principal balance on same and pro -rated interest at any time without any prepayment, penalty. DAlE HECORBEDIfL J 9 2'_-- c.ED W.jttj U, the payment of which note is•secured by the vendor's lien herein retained, and is additionally - secured by a deed of trust of even date. herewith to DENNIS GOEHRING, : — - — _ _ ., _ — _ _ .. .. Tnistee, have GRANTED, SOLD, AND CONVEYED, and 'by these presents do GRANT, SELL AND CONVEY unto V0 ± .r BEGINNING at a, fenoe,_corner in the Northwest line of, a oounty road, said fence corner also being the.Southeast oorner of said 15:98 acre,traot; THENCE S 45 28" W - '•529 . 1 +1., feet along said county road l in to an iron rod for corner THENCE N 4 4 . 8 4 3-95 37 : � +3 " w - , feet to an iron rod for corner; THENCE N 46 50 ".E - 253.00 feet to a fence corner; TIiE`1'CE N - 1 + 1 F'.- 21 " -W..- ..38.91- feet -to a fence oorner; _. THENCE N 45 22' 3 0" E 276. feet to a fence corner; THENCE s 4 32' 115" E - 881.80 feet to the PLACE BEGINNING and containing 10.50 acres of land, more or less, according to a survey made under the supervision of Donald D. Garrett, Registered Professional Engineer No. 22790, in December, 1975. Thi conveyance is made subject, however, to all recorded easements, restrictions, and reservations affecting the use and occupancy of the above described property. 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 grantee her heirs and assigns forever; and we do hereby bind ourselves, our-, heirs, executors and administrators to WARRANT A;ND FOREVER DEFEND all and singular the said premises unto the said grantee her heirs and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. But it is expressly agreed that the VENDOR'S LIEN,:.as well as the Superior Title in and to the above described premises, is retained against the above described property, premises and improvements until the above described note and all interest thereon are fully paid according to the face, tenor, effect..and reading thereof, when this Deed shall be,ome absolute. THE STATE OF TEXAS COUNTY OF BRAZOS Before me, the undersigned authority, on this day personally appeared JOHN W. HOLICK and Wife, DOROTHY E. HOLICK- - - - - - - - - - - - - - - - -- - - - - - - - - - known to me to be the person..§......... whose name _.$.....4r-Q._.. subscribed to the foregoing instrument, and acknowledged to me that ..... t_.he�X.._.. executed the same for the purposes.and consideration therein expressed. Given under my hand.and seal of office on this the 19t day of December , A. D. 19 75 . 61 lot, ` f .............. C . o ....• -••--- ... ,( t P Notary Public in an for $raZ08 County, Texa ;.I X . (Acknowledgment) THE STATE OF TEXAS 1 COUNTY OF Before me, the undersigned authority, on this day personally appeared known to me to be the person ............. whose name .................. subscribed to the foregoing instrument, and acknowledged to me that.,.... - -- he ........ executed the same for the purposes and consideration therein expressed. Given tinder my hand and seal of office on this the day of , A. D. 19 THE STATE OF TEXAS COUNTY OF .......... ... .•- ...- •••.... ... .- -----• ...... ... .................... .. Notary Pub - in a for County , T , - ' — exas. (Acknowledgment) Before me, the undersigned authority, on this day personally appeared known to me to be the person ...__.. ,.. whose name ..................... 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 on this the day of ,A.D.19 No..t . - -ry -- - P- • -- ubli-1i c . . in . a . .... ...for . .•---........................ -..... . ........• Co •••. unty •••• .. , ..Texas. .......... nd (Corporate acknowledgment) fHE STATE OF TEXAS COUNTY OF DEED OF TRUST, SECURITY AGREEMENT, FIXTURES, FINANCING STATEMENT, AND ASSIGNMENT OF RENTS AND LEASES (COMMERCIAL) THE STATE OF TEXAS COUNTY OF BRAZOS DEED OF TRUST A. The Grant Know all persons by these presents, that in consideration of certain indebtedness, justly owing by BOUGA FALAYA, LTD., a Texas limited partnership (herein referred to as "Mortgagor ", whether one or more) to FIRST BANK OF SNOOK, SNOOK, TEXAS (herein referred to as "Mortgagee "), and in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration paid to Mortgagor, the receipt and sufficiency of which are hereby acknowledged, Mortgagor has granted, assigned, transferred and conveyed, and does hereby grant, assign, transfer and convey unto ROBERT A. WILLIAMSON, Trustee (herein referred to as the "Trustee "), and also to the Substitute Trustee as hereinafter provided for (herein referred to as the "Substitute Trustee "), all of the following described property: (1) That certain real property located in Brazos County, Texas (herein referred to as the "Land "), as more particularly described as Being all that certain tract or parcel of land lying and being situated in the A. MCMAHON SURVEY, ABSTRACT 167, Brazos County, Texas, and being all of the that 10.53 acre tract (called 10.50 acres) conveyed to Mary D. Bading by John W. Holick and wife, Dorothy E. Holick, recorded in Volume 346, Page 525, Deed Records of Brazos County, Texas, and being described as follows: BEGINNING at a 3/8" iron rod found at the most southerly common corner of said 10.53 acre tract and the Robert J. Zawalaski 10.00 acre tract (304/200), same being in the northwest right of way line of Greens Prairie Road West; THENCE S 45 53'25" W - 533.63 feet along said Greens Prairie Road line to a 8" fence post found at the most southerly common corner of said 10.53 acre tract and the Johnnie Holick 22.90 acre tract (346/525); THENCE N 44 23'00" W - 839.93 feet along a fence line on the common line between said 10.53 acre tract and said Holick tract to a 8" fence post found at a common ell corner of said tracts; THENCE N 45 43' 49" E - 252.90 feet continuing along said common line to a nail & shiner on a 8" fence post found for a common ell corner of said tracts; THENCE N 43 10'42" W - 39.22 feet continuing along said common line to a 4" fence post found at the common corner of said 10.53 acre tract; said Holick tract, the Lynn M. Ruoff 11.18 acre tract (1694/111) and the Ronald E. and Linda Hall 4.62 acre tract (2143/190); THENCE N 45 24' 52" E - 277.39 feet along the common line between said 10.53 acre tract and said Hall tract to a'' /1 iron rod found at the common corner of said 10.53 acre tract, said Hall tract, said Zawalaski tract and the Robert S. Cohen 10.0 acre tract (304/305); THENCE S 44 32' 45" E - 882.17 feet along the common line between said 10.53 acre tract and said Zawalaski tract to the PLACE OF BEGINNING, and containing 10.53 acres of land more or less, according to a survey made on the ground under the supervision of Donald D. Garrett, R.P.L.S. No. 2972 on June 21. 1999, together with all appurtenances thereto and all right, title and interest (including any reversionary interest) now and/or hereafter owned, claimed, held or acquired by Mortgagor, its successors and assigns, in and to (i) the whole or any part of the above described Land (including all mineral rights and interests of Mortgagor relating thereto), and /or (ii) any easements, ways, alleys, rights of ingress and egress appurtenant to the Land, and /or (iii) any and all strips of land adjoining, adjacent and /or contiguous to the Land and /or (iv) any street or road adjacent and/or contiguous to the Land; (2) All buildings and other improvements now or hereafter placed on said Land, as well as all appurtenances, betterments and additions thereto; all and singular the rights, privileges, hereditaments, and appurtenances in any wise incident or appertaining to said Land and improvements, including, without limitation, any and all rights to the present or future use of waste water, waste water capacity, drainage, water of other utility facilities to the extent same pertain to or benefit said Land or the improvements located thereon, including without limitation all reservations of or commitments or letters covering any such use in the future, whether now owned or hereafter acquired; and (3) All furniture, fixtures, equipment, personal property, books, records and files belonging to Mortgagor and now or hereafter or from time to time situated on or in or used in connection with said Land and improvements, whether or not affixed to the realty, including, but not limited to, lighting, heating, ventilating, air conditioning, sprinkling, mechanical and plumbing materials, fixtures and equipment; water and power systems; engines, boilers; furnaces; elevators; motors; refrigeration; plants; awnings; shrubbery; ranges; ovens; refrigerators; dishwashers; disposals; carpeting; and swimming pool equipment, and all after- acquired property in the same categories (all of said property and rights described in Subparagraphs (1) through (3) above are hereinafter collectively referred to herein as the "Properties "). TO HAVE AND TO HOLD the Properties unto the Trustee and also unto the Substitute Trustee, and the assigns of the Trustee or Substitute Trustee, and Mortgagor does hereby bind Mortgagor and the heirs, legal representatives, successors and assigns of Mortgagor to warrant and forever defend all and singular the Properties unto the Trustee and also unto the Substitute Trustee, and unto the assigns of the Trustee or Substitute Trustee, and against every person or party whomsoever claiming or to claim the same, or any part thereof. B. The Indebtedness This conveyance is made in trust, however to secure the performance of all covenants and agreements contained in this instrument or any other instrument executed in connection herewith or as security for the note herein described, and the full and prompt payment and performance when due (by lapse of time or otherwise) of the following indebtedness (herein referred to as the "Indebtedness "): (1) Any and all sums, including principal, interest, expenses, prepayment penalties, court costs and attorney's fees, called for in that certain note (herein called the "Note ") of even date herewith executed by Mortgagor payable to the order of Mortgagee, in the principal amount of ONE HUNDRED FIFTY FIVE THOUSAND AND N01100 DOLLARS ($155,000.00), bearing interest at the rate and being due and payable as therein stated, at the address listed herein for Mortgagee or elsewhere as the Mortgagee or holder of the Note may direct, containing provisions for interest at the rate therein stated on the entire unpaid amount of principal and interest while any default continues thereunder, and for acceleration o matunty and the enllectinn of attnmevc' frvc mortar r•.cra7o rn.,AUir.„c ..f .......... w.. *t,.•e t.._...__a.. r__ _n