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R-02-10-10-13D8 - 10/10/2002ATSEST: City of Round Rock, Texas RESOLUTION NO. R- 02- 10- 10 -13D8 WHEREAS, the City desires to purchase two tracts of land situated on Lot 7, Block 7, Round Rock North Industrial Park, and Lot 1, Block A, Commerce Cove Addition, and WHEREAS, Round Rock North Partnership, the owner of the property, has agreed to sell said property to the City, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Real Estate Contract with Round Rock North Partnership for the purchase of the above described property, a copy of said Contract being attached hereto as Exhibit "A ". The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 10th day of October, 2002. CHRISTINE R. MARTINEZ, City Secret 0:\ wdoz \RSSODUTI \R310100B.WPD /r1RC y WELL, Mayor State of Texas REAL ESTATE CONTRACT County of Williamson THIS CONTRACT OF SALE ( "Contract ") is made by and between ROUND ROCK NORTH PARTNERSHIP, a Texas Partnership (referred to in this Contract as "Seller") and the CITY OF ROUND ROCK, a Texas Home Rule City of 221 E. Main St. Round Rock, Williamson County, Texas (referred to in this Contract as "Purchaser"), upon the terms and conditions set forth in this Contract. By this Contract, Seller sells and agrees to convey, and Purchaser purchases and agrees to pay for, two tracts of land situated in Williamson County, Texas, being more particularly described as follows: TRACT 1: Lot 7, Block 7, Round Rock North Industrial Business Park, Section V, a subdivision in Williamson County, Texas, according to the map or plat thereof recorded in Cabinet D, Slide 296, Plat Records of Williamson County, Texas; and TRACT 2: ARTICLE I PURCHASE AND SALE Lot 1, Block A, Commerce Cove Addition, a subdivision in Williamson County, Texas, according to the map or plat thereof recorded in Cabinet V, Slide 144, Plat Records of Williamson County, Texas together with all and singular the rights and appurtenances pertaining to the property, including any right, title and interest of Seller in and to adjacent streets, alleys or rights-of-way (all of such real property, rights, and appurtenances being referred to in this Contract as the "Property"), together with any improvements, fixtures, built -in appliances, and personal property situated on and attached to the Property, for the consideration and upon and subject to the terms, provisions, and conditions set forth below. ARTICLE II PURCHASE PRICE Amount of Purchase Price 2.01. The purchase price for the Property shall be the sum of Seven Hundred Thousand and no/100 Dollars ($700,000.00). 2.02. The Purchase Price shall be paid m cash at the closing. Preliminary Title Commitment Payment of Purchase Price ARTICLE III PURCHASER'S OBLIGATIONS Conditions to Purchaser's Obligations 3.01. The obligations of Purchaser hereunder to consummate the transaction contemplated hereby are subject to the satisfaction of each of the following conditions (any of which may be waived in whole or in part by Purchaser at or prior to the closing). EXHIBIT 3.02. Within twenty-one (21) days after the date of execution of this Contract, Seller, at Seller's sole cost and expense, will obtain from Commonwealth Title Company, 20 Chisholm Trail Rd., Round Rock, Texas (the "Title Company") a preliminary title report (the "Title Commitment") accompanied by copies of all recorded documents relating to easements, rights-of-way, etc., affecting the Property. Purchaser will give Seller written notice on or before the expiration of ten (10) days after Purchaser receives the Title Commitment that the condition of title as set forth in the Title Commitment is or is not satisfactory. In the event that Purchaser states that the condition is not satisfactory, Seller may undertake to eliminate or modify all unacceptable matters to the reasonable satisfaction of Purchaser at or prior to Closing. In the event Seller is unable or unwilling to do so, this Contract shall thereupon be null and void for all purposes and the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser. Survey 3.03. Within thirty (30) days from the date hereof, Seller, at Seller's sole cost and expense, shall cause to be delivered a current plat or survey of the Property, prepared by a duly licensed Texas land surveyor acceptable to Purchaser. The survey shall be staked on the ground, and the plat shall show the location of all improvements, highways, streets, roads, railroads, rivers, creeks, or other water courses, fences, easements, and rights-of-way on or adjacent to the Property, if any, and shall contain the surveyor's certification that there are no encroachments on the property and shall set forth the number of total acres comprising the Property, together with a metes and bounds description thereof. New Surveys and Tests 3.04. Within thirty (30) days after the date hereof Purchaser is granted the right to conduct an engineering survey and feasibility study of the Property, and in this connection Purchaser or Purchaser's designated agents may enter upon the premises for purposes of soil analysis, core drilling, environmental survey, or other tests which may be deemed necessary to Purchaser or Purchaser's engineer. If it should be determined by Purchaser in Purchaser's sole judgment that the Property is not suitable for the intended purposes, then and in this event, Purchaser may, on written notice to Seller received prior to thirty (30) days from the date hereof, terminate this Contract and it shall be null and void for all purposes and the Escrow Deposit shall be forthwith retuned by the Title Company to Purchaser, less $ 100.00 as consideration to Seller for the execution of this Contract. If the written notice is not received within this 30 day period, the condition shall be deemed to be acceptable and any objection thereto shall be deemed to have been waived for all purposes. Purchaser's entry onto the Property is at Purchaser's sole risk and Purchaser hereby releases and indemnifies Seller from and against all liability in connection therewith. All costs and expenses related to Purchaser's inspection of the Property will be paid for by Purchaser, and Purchaser agrees to indemnify and hold Seller harmless from and against all such costs and expenses. If either party hereto terminates this Contract under any right granted hereunder, Purchaser will repair any damages to the Property by reason of the exercise of Purchaser's rights hereunder. Miscellaneous Conditions 3.05. Seller shall have performed, observed, and complied with all of the covenants, agreements, and conditions required by this Contract to be performed, observed, and complied with by Seller prior to or as of the closing. 4.01. At the closing Seller shall: ARTICLE IV CLOSING The closing shall be held at the Title Company, on or before January 10, 2003, or at such time, date, and place as Seller and Purchaser may agree upon (which date is herein referred to as the "closing date "). Seller's Obligations (a) Deliver to Purchaser a duly executed and acknowledged Special Warranty Deed conveying good and indefeasible title in fee simple to all of the Property, free and clear of any and all liens, encumbrances, conditions, easements, assessments, and restrictions, except for the following: (b) (i) General real estate taxes for the year of closing and subsequent years not yet due and payable; (ii) Any exceptions approved by Purchaser pursuant to Article III hereof; and (iii) Any exceptions approved by Purchaser in writing. Deliver to Purchaser a Texas Owner's Title Policy at Seller's sole expense, issued by Title Company, in Purchaser's favor in the full amount of the purchase price, insuring Purchaser's fee simple title to the Property subject only to those title exceptions listed above, such other exceptions as may be approved in writing by Purchaser, and the standard printed exceptions contained in the usual form of Texas Owner's Title Policy. (c) Deliver to Purchaser possession of the Property. Purchaser's Obligations 4.02 At the Closing, Purchaser shall pay the cash portion of the purchase price. Prorations 4.03 General real estate taxes for the then current year relating to the Property, shall be prorated as of the closing date and shall be adjusted in cash at the closing. If the closing shall occur before the tax rate is fixed for the then current year, the apportionment of taxes shall be upon the basis of the tax rate for the next preceding year applied to the latest assessed valuation. All special taxes or assessments to the closing date shall be paid by Seller. Closing Costs 4.04 All costs and expenses of closing in consummating the sale and purchase of the Property shall be borne and paid as follows: Owner's Title Policy paid by Seller; Survey paid by Seller, Filing fees for deed paid by Purchaser; Filing fees for release(s) paid by Seller; Title curative matters, if any, paid by Seller; Attorney's fees paid by each respectively. ARTICLE V REPRESENTATIONS OF SELLER 5.01 Seller represents and warrants to Buyer, as of the closing date, as follows: (1) There are no parties in possession of any portion of the Property as lessees, tenants at sufferance, or trespassers; (2) To the current, actual knowledge of Seller without investigation, Seller has complied with all applicable laws, ordinances, regulations, and restrictions relating to the Property, or any part of it; (3) To the current, actual knowledge of Seller without investigation, Seller is not aware of any material physical defects to the Property; (4) To the current, actual knowledge of Seller without investigation, Seller is not aware of any environmental hazards or conditions that affect the Property; To the current, actual knowledge of Seller without investigation, Seller is not aware that the Property is or has ever been used for the storage or disposal of hazardous materials or toxic waste, or any underground tanks or containers; and (6) To the current, actual knowledge of Seller without investigation, Seller is not aware that radon, asbestos insulation or fireproofing urea formaldehyde foam insulation, lead based paint or other pollutants or contaminants of any nature now exist or have ever existed on the Property. 5.02 Purchaser agrees and hereby acknowledges that in all instances in this Contract where reference is made to the knowledge or awareness of Seller, such reference will mean and refer only to the current actual knowledge of Alan Muskin and not to the knowledge of any other person or entity. The foregoing representations and warranties will survive closing for a period of six (6) months, and will be of no further force or effect thereafter, notwithstanding any provision herein to the contrary. Purchaser acknowledges that Purchaser has already inspected the Property or will hereafter independently cause the Property to be inspected on its behalf and that Purchaser has not entered into this Contract based upon any representation, warranty, agreement, statement or expression of opinion by Seller (except as contained herein) or by any person or entity acting or allegedly acting for or on behalf of Seller as to the condition of the Property. Purchaser agrees that the Property is to be sold to and accepted by Purchaser at closing, AS IS, WHERE IS, WITH ALL FAULTS, IF ANY, AND WITHOUT ANY REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED (other than the express warranties contained herein and the warranty of title set out in the Deed). (5) ARTICLE VI REAL ESTATE COMMISSIONS The only broker who has been involved in the negotiation and consummation of this Contract is Summit Commercial Properties. Conditioned on the closing of the sale contemplated by this Contract, a commission in the amount of six percent (6 %) percent of the total sales price will be payable, to Summit Commercial Properties. This commission is to be payable in cash at the closing. If this Contract is terminated for any reason before closing, there will be no commission due or payable under the Contract. All real estate commissions will be the sole responsibility of Seller, and Seller agrees to indemnify and hold harmless Buyer from any claims for these commissions. Each of the parties represents to the other that it has not incurred and will not incur any liability for brokerage fees or agent's commissions in connection with this Contract other than the liability of Seller as set forth in this paragraph. ARTICLE VII ESCROW DEPOSIT For the purpose of securing the performance of Purchaser under the terms and provisions of this Contract, Purchaser has delivered to Title Company, the sum of Ten Thousand Dollars ($10,000.00), the Escrow Deposit, which shall be paid by the Title Company to Seller in the event Purchaser breaches this Contract as provided in Article VIII hereof. At the closing, the Escrow Deposit shall be paid over to Seller and applied to the cash portion of the purchase price, provided, however, that in the event the Purchaser shall have given written notice to the Title Company that one or more of the conditions to its obligations set forth in Article III have not been met, or, in the opinion of Purchaser, cannot be satisfied, in the manner and as provided for in Article III, then the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser. ARTICLE VIII BREACH BY SELLER In the event Seller shall fail to fully and timely perform any of its obligations hereunder or shall fail to consummate the sale of the Property for any reason, except Purchaser's default, Purchaser may: (1) enforce specific performance of this Contract; or (2) terminate this Contract and request that the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser. ARTICLE IX BREACH BY PURCHASER In the event Purchaser should fail to consummate the purchase of the Property, the conditions to Purchaser's obligations set forth in Article III having been satisfied and Purchaser being in default and Seller not being in default hereunder, Seller shall have the right to receive the Escrow Deposit from the Title Company, the sum being agreed on as liquidated damages for the failure of Purchaser to perform the duties, liabilities, and obligations imposed upon it by the terms and provisions of this Contract, and Seller agrees to accept and take this cash payment as its total damages and relief and as Seller's sole remedy hereunder in such event. 10.01. ARTICLE X MISCELLANEOUS Assignment of Contract (a) This Contract may not be assigned without the express written consent of Seller. Survival of Covenants (b) Any of the representations, warranties, covenants, and agreements of the parties, as well as any rights and benefits of the parties, pertaining to a period of time following the closing of the transactions contemplated hereby shall survive the closing and shall not be merged therein. Notice (c) Any notice required or permitted to be delivered hereunder shall be deemed received when sent by United States mail, postage prepaid, certified mail, return receipt requested, addressed to Seller or Purchaser, as the case may be at the address set forth opposite the signature of the party. Texas Law to Apply (d) This Contract shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are perfornnable in Williamson County, Texas. Prior Agreements Superseded (g) This Contract constitutes the sole and only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. Parties Bound (e) This Contract shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, legal seyiesentatives, successors and assigns where permitted by this Contract. Legal Construction (f) In case any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal, or unenforceable in any respect, this invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Contract shall be construed as if the invalid, illegal, or unenforceable provision had never been contained herein. (h) Time is of the essence in this Contract. Time of Essence Gender (i) Words of any gender used in this Contract shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise. Dated this day of September, 2002 Exchange (j) For tax purposes, Seller may desire to consummate the transaction by means of a "tax deferred" exchange involving a third party exchange intermediary. So long as such transaction can be accomplished at no additional cost to Purchaser, and so long as Purchaser pays no more than the Purchase Price provided for in this Contract, Purchaser agrees to consummate the transaction by means of such tax deferred exchange. Risk of Loss (k) Seller will bear the risk of all loss or damage to the premises from all causes until the closing date. lf, before the closing date, all or part of the premises are damaged by fire or by any other cause, Seller will promptly notify Purchaser in writing of this damage. After notice of this damage (from Seller or otherwise), Purchaser will have the option to require Seller either (i) to repair and restore the damaged portion of the premises to its condition immediately before this casualty, or (ii) to convey the premises, on the closing date, to Purchaser in its damaged condition and to assign to Purchaser all of Seller's rights in any claims Seller may have under the insurance policies covering the premises, or (iii) Purchaser may, at its option, terminate this Contract by written notice delivered to Seller, with a copy to Title Company. On receipt of this notice, Title Company will promptly refund to Purchaser the escrow deposit, and this Agreement will be void for all purposes. In the event of this damage, on the Purchaser's request, Seller will immediately provide Purchaser with a copy of all insurance policies covering the premises. If Purchaser elects to require Seller to repair the premises, Seller will promptly begin these repairs and will pursue their completion with due diligence. If this repair will not be completed to Purchaser's reasonable satisfaction on or before the closing date, Purchaser will have the right, but not the obligation, to delay the closing until all the repairs have been completed by Seller or until an earlier date that Purchaser deems appropriate. SELLER: ROUND ROCK NORTH PARTNERSHIP By: a_ NY Alan L. Muskin, its Managing Partner 4601 Spicewood Springs Road Building 4, Suite 100 Austin, Texas 78759 With Copy to: David Smith Armbrust & Brown, L.L.P. 100 Congress Avenue, Suite 1300 Austin, Texas 78701 PURCHASER: CITY OF ROUND ROCK, TEXAS By: Nyle Maxwell, Mayor 221 E. Main Street Round Rock, Texas 78664 DATE: October 4, 2002 SUBJECT: City Council Meeting — October 10, 2002 ITEM: 13.D.8. Consider a resolution authorizing the Mayor to execute a Real Estate Contract with Round Rock North Partnership for Lot 7, Block 7, Section V, Round Rock North Industrial Business Park and Lot 1, Block A, Commerce Cove Addition. Resource: Jim Nuse, Chief of Operations/Assistant City Manager History: In November 2001, voters approved the issuance of $700,000 worth of bonds for Public Works Expansion Building. One of the tracts we are acquiring has a 5,000 square foot building, which will serve as the Public Works Expansion Building that was requested in the G.O. Bond. The adjacent 2.47 -acre tract will provide useful expansion land. The 2 tracts and building can be purchased for the G.O. Bond cost allotment. Funding: Cost: $700,000 Source of funds: Capital project Funds (2002 GO Bonds) Outside Resources: Round Rock North Partnership Impact/Benefit: Purchase of these tracts will expedite the building project along with owning a 2.47 -acre tract of land adjacent to the building for future expansions. Public Comment: N/A Sponsor: N/A . s State of Texas County of Williamson REAL ESTATE CONTRACT THIS CONTRACT OF SALE ( "Contract") is made by and between ROUND ROCK NORTH PARTNERSHIP, a Texas Partnership (referred to in this Contract as "Seller") and the CITY OF ROUND ROCK, a Texas Home Rule City of 221 E. Main St. Round Rock, Williamson County, Texas (referred to in this Contract as "Purchaser"), upon the terms and conditions set forth in this Contract. ARTICLE I PURCHASE AND SALE By this Contract, Seller sells and agrees to convey, and Purchaser purchases and agrees to pay for, two tracts of land situated in Williamson County, Texas, being more particularly described as follows: TRACT 1: Lot 7, Block 7, Round Rock North Industrial Business Park, Section V, a subdivision in Williamson County, Texas, according to the map or plat thereof recorded in Cabinet D, Slide 296, Plat Records of Williamson County, Texas; and TRACT 2: Lot 1, Block A, Commerce Cove Addition, a subdivision in Williamson County, Texas, according to the map or plat thereof recorded in Cabinet V, Slide 144, Plat Records of Williamson County, Texas together with all and singular the rights and appurtenances pertaining to the property, including any right, title and interest of Seller in and to adjacent streets, alleys or rights -of -way (all of such real property, rights, and appurtenances being referred to in this Contract as the "Property "), together with any improvements, fixtures, built -in appliances, and personal property situated on and attached to the Property, for the consideration and upon and subject to the terms, provisions, and conditions set forth below. ARTICLE II PURCHASE PRICE Amount of Purchase Price 2.01. The purchase price for the Property shall be the sum of Seven Hundred Thousand and no /100 Dollars ($700,000.00). 2.02. The Purchase Price shall be paid in cash at the closing 3.01. The obligations of Purchaser hereunder to consummate the transaction contemplated hereby are subject to the satisfaction of each of the following conditions (any of which may be waived in whole or in part by Purchaser at or prior to the closing). Preliminary Title Commitment Payment of Purchase Price ARTICLE III PURCHASER'S OBLIGATIONS Conditions to Purchaser's Obligations 3.02. Within twenty-one (21) days after the date of execution of this Contract, Seller, at Seller's sole cost and expense, will obtain from Commonwealth Title Company, 20 Chisholm Trail Rd., Round Rock, Texas (the "Title Company ") a preliminary title report (the "Title Commitment ") accompanied by copies of all recorded documents relating to easements, rights-of -way, etc., affecting the Property. Purchaser will give Seller written notice on or before the expiration of ten (10) days after Purchaser receives the Title Commitment that the condition of title as set forth in the Title Commitment is or is not satisfactory. In the event that Purchaser states that the condition is not satisfactory, Seller may undertake to eliminate or modify all unacceptable matters to the reasonable satisfaction of Purchaser at or prior to Closing. In the event Seller is unable or unwilling to do so, this Contract shall thereupon be null and void for all purposes and the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser. Survey 3.03. Within thirty (30) days from the date hereof, Seller, at Seller's sole cost and expense, shall cause to be delivered a current plat or survey of the Property, prepared by a duly licensed Texas land surveyor acceptable to Purchaser. The survey shall be staked on the ground, and the plat shall show the location of all improvements, highways, streets, roads, railroads, rivers, creeks, or other water courses, fences, easements, and rights -of -way on or adjacent to the Property, if any, and shall contain the surveyor's certification that there are no encroachments on the property and shall set forth the number of total acres comprising the Property, together with a metes and bounds description thereof. New Surveys and Tests 3.04. Within thirty (30) days after the date hereof Purchaser is granted the right to conduct an engineering survey and feasibility study of the Property, and in this connection Purchaser or Purchaser's designated agents may enter upon the premises for purposes of soil analysis, core drilling environmental survey, or other tests which may be deemed necessary to Purchaser or Purchaser's engineer. If it should be determined by Purchaser in Purchaser's sole judgment that the Property is not suitable for the intended purposes, then and in this event, Purchaser may, on written notice to Seller received prior to thirty (30) days from the date hereof, terminate this Contract and it shall be null and void for all purposes and the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser, less $100.00 as consideration to Seller for the execution of this Contract. If the written notice is not received within this 30 day period, the condition shall be deemed to be acceptable and any objection thereto shall be deemed to have been waived for all purposes. Purchaser's entry onto the Property is at Purchaser's sole risk and Purchaser hereby releases and indemnifies Seller from and against all liability in connection therewith. All costs and expenses related to Purchaser's inspection of the Property will be paid for by Purchaser, and Purchaser agrees to indemnify and hold Seller harmless from and against all such costs and expenses. If either party hereto terminates this Contract under any right granted hereunder, Purchaser will repair any damages to the Property by reason of the exercise of Purchaser's rights hereunder. Miscellaneous Conditions 3.05. Seller shall have performed, observed, and complied with all of the covenants, agreements, and conditions required by this Contract to be performed, observed, and complied with by Seller prior to or as of the closing. 4,01. At the closing Seller shall: ARTICLE IV CLOSING The closing shall be held at the Title Company, on or before January 10, 2003, or at such time, date, and place as Seller and Purchaser may agree upon (which date is herein referred to as the "closing date "). Seller's Obligations (a) Deliver to Purchaser a duly executed and acknowledged Special Warranty Deed conveying good and indefeasible title in fee simple to all of the Property, free and clear of any and all liens, encumbrances, conditions, easements, assessments, and restrictions, except for the following: (b) (i) General real estate taxes for the year of closing and subsequent years not yet due and payable; (ii) Any exceptions approved by Purchaser pursuant to Article III hereof and (iii) Any exceptions approved by Purchaser in writing Deliver to Purchaser a Texas Owner's Title Policy at Seller's sole expense, issued by Title Company, in Purchaser's favor in the full amount of the purchase price, insuring Purchaser's fee simple title to the Property subject only to those title exceptions listed above, such other exceptions as may be approved in writing by Purchaser, and the standard printed exceptions contained in the usual form of Texas Owner's Title Policy. (c) Deliver to Purchaser possession of the Property. Purchaser's Obligations 4.02 At the Closing, Purchaser shall pay the cash portion of the purchase price. Proration 4.03 General real estate taxes for the then current year relating to the Property, shall be prorated as of the closing date and shall be adjusted in cash at the closing. If the closing shall occur before the tax rate is fixed for the then current year, the apportionment of taxes shall be upon the basis of the tax rate for the next preceding year applied to the latest assessed valuation. All special taxes or assessments to the closing date shall be paid by Seller. Closing Costs 4.04 All costs and expenses of closing in consununating the sale and purchase of the Property shall be borne and paid as follows: Owner's Title Policy paid by Seller; Survey paid by Seller; Filing fees for deed paid by Purchaser; Filing fees for release(s) paid by Seller; Title curative matters, if any, paid by Seller; Attorney's fees paid by each respectively. ARTICLE V REPRESENTATIONS OF SELLER 5.01 Seller represents and warrants to Buyer, as of the closing date, as follows: (1) There are no parties in possession of any portion of the Property as lessees, tenants at sufferance, or trespassers; (2) To the current, actual knowledge of Seller without investigation, Seller has complied with all applicable laws, ordinances, regulations, and restrictions relating to the Property, or any part of it; (3) To the current, actual knowledge of Seller without investigation, Seller is not aware of any material physical defects to the Property; (4) To the current, actual knowledge of Seller without investigation, Seller is not aware of any environmental hazards or conditions that affect the Property; (5) To the current, actual knowledge of Seller without investigation, Seller is not aware that the Property is or has ever been used for the storage or disposal of hazardous materials or toxic waste, or any underground tanks or containers; and (6) To the current, actual knowledge of Seller without investigation, Seller is not aware that radon, asbestos insulation or fireproofing, urea formaldehyde foam insulation, lead based paint or other pollutants or contaminants of any nature now exist or have ever existed on the Property. 5.02 Purchaser agrees and hereby acknowledges that in all instances in this Contract where reference is made to the knowledge or awareness of Seller, such reference will mean and refer only to the current actual knowledge of Alan Muskin and not to the knowledge of any other person or entity. The foregoing representations and warranties will survive closing for a period of six (6) months, and will be of no further force or effect thereafter, notwithstanding any provision herein to the contrary. Purchaser acknowledges that Purchaser has already inspected the Property or will hereafter independently cause the Property to be inspected on its behalf and that Purchaser has not entered into this Contract based upon any representation, warranty, agreement, statement or expression of opinion by Seller (except as contained herein) or by any person or entity acting or allegedly acting for or on behalf of Seller as to the condition of the Property. Purchaser agrees that the Property is to be sold to and accepted by Purchaser at closing, AS IS, WHERE IS, WITH ALL FAULTS, IF ANY, AND WITHOUT ANY REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED (other than the express warranties contained herein and the warranty of title set out in the Deed). ARTICLE VI REAL ESTATE COMMISSIONS The only broker who has been involved in the negotiation and consummation of this Contract is Summit Commercial Properties. Conditioned on the closing of the sale contemplated by this Contract, a commission in the amount of six percent (6%) percent of the total sales price will be payable, to Summit Commercial Properties. This commission is to be payable in cash at the closing. If this Contract is terminated for any reason before closing, there will be no commission due or payable under the Contract. All real estate conunissions will be the sole responsibility of Seller, and Seller agrees to indemnify and hold harmless Buyer from any claims for these commissions. Each of the parties represents to the other that it has not incurred and will not incur any liability for brokerage fees or agent's commissions in connection with this Contract other than the liability of Seller as set forth in this paragraph. ARTICLE VII ESCROW DEPOSIT For the purpose of securing the performance of Purchaser under the terms and provisions of this Contract, Purchaser has delivered to Title Company, the sum of Ten Thousand Dollars ($10,000.00), the Escrow Deposit, which shall be paid by the Title Company to Seller in the event Purchaser breaches this Contract as provided in Article VIII hereof. At the closing, the Escrow 'Deposit shall be paid over to Seller and applied to the cash portion of the purchase price, provided, however, that in the event the Purchaser shall have given written notice to the Title Company that one or more of the conditions to its obligations set forth in Article III have not been met, or, in the opinion of Purchaser, cannot be satisfied, in the manner and as provided for in Article III, then the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser. ARTICLE VIII BREACH BY SELLER In the event Seller shall fail to fully and timely perform any of its obligations hereunder or shall fail to consummate the sale of the Property for any reason, except Purchaser's default, Purchaser may: (1) enforce specific performance of this Contract; or (2) terminate this Contract and request that the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser. ARTICLE IX BREACH BY PURCHASER In the event Purchaser should fail to consummate the purchase of the Property, the conditions to Purchaser's obligations set forth in Article III having been satisfied and Purchaser being in default and Seller not being in default hereunder, Seller shall have the right to receive the Escrow Deposit from the Title Company, the sum being agreed on as liquidated damages for the failure of Purchaser to perform the duties, liabilities, and obligations imposed upon it by the terms and provisions of this Contract, and Seller agrees to accept and take this cash payment as its total damages and relief and as Seller's sole remedy hereunder in such event. 10.01. ARTICLE X MISCELLANEOUS Assignment of Contract (a) This Contract may not be assigned without the express written consent of Seller. Survival of Covenants (b) Any of the representations, warranties, covenants, and agreements of the parties, as well as any rights and benefits of the parties, pertaining to a period of time following the closing of the transactions contemplated hereby shall survive the closing and shall not be merged therein. Notice (c) Any notice required or permitted to be delivered hereunder shall be deemed received when sent by United States mail, postage prepaid, certified mail, return receipt requested, addressed to Seller or Purchaser, as the case may be, at the address set forth opposite the signature of the party. (d) This Contract shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Williamson County, Texas. (e) This Contract shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors and assigns where permitted by this Contract. (h) Time is of the essence in this Contract. Texas Law to Apply Parties Bound Legal Construction (f) In case any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal, or unenforceable in any respect, this invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Contract shall be construed as if the invalid, illegal, or unenforceable provision had never been contained herein. Prior Agreements Superseded (g) This Contract constitutes the sole and only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. Time of Essence Gender (i) Words of any gender used in this Contract shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise. (j) For tax purposes, Seller may desire to consummate the transaction by means of a "tax deferred" exchange involving a third party exchange intermediary. So long as such transaction can be accomplished at no additional cost to Purchaser, and so long as Purchaser pays no more than the Purchase Price provided for in this Contract, Purchaser agrees to consummate the transaction by means of such tax deferred exchange. (k) Seller will bear the risk of all loss or damage to the premises from all causes until the closing date. If, before the closing date, all or part of the premises are damaged by fire or by any other cause, Seller will promptly notify Purchaser in writing of this damage. After notice of this damage (from Seller or otherwise), Purchaser will have the option to require Seller either (i) to repair and restore the damaged portion of the premises to its condition immediately before this casualty, or (ii) to convey the premises, on the closing date, to Purchaser in its damaged condition and to assign to Purchaser all of Seller's rights in any claims Seller may have under the insurance policies covering the premises, or (iii) Purchaser may, at its option, terminate this Contract by written notice delivered to Seller, with a copy to Title Company. On receipt of this notice, Title Company will promptly refund to Purchaser the escrow deposit, and this Agreement will be void for all purposes. In the event of this damage, on the Purchaser's request, Seller will immediately provide Purchaser with a copy of all insurance policies covering the premises. If Purchaser elects to require Seller to repair the premises, Seller will promptly begin these repairs and will pursue their completion with due diligence. If this repair will not be completed to Purchaser's reasonable satisfaction on or before the closing date, Purchaser will have the right, but not the obligation, to delay the closing until all the repairs have been completed by Seller or until an earlier date that Purchaser deems appropriate. 7-0136,2.. Dated this 10 day of September., 2002. Exchange Risk of Loss SELLER: ROUND ROCK NORTH PARTNERSHIP Alan L. Muskin, its Managing Partner 4601 Spicewood Springs Road Building 4, Suite 100 Austin, Texas 78759 With Copy to: David Smith Armbrust & Brown, L.L.P. 100 Congress Avenue, Suite 1300 Austin, Texas 78701 PURCHASER: CITY OF ROUND ROCK, TEXAS • By: Maxwell, Mayor 221 E. Main Street Round Rock, Texas 78664 • IN LandAmerica Commonwealth Title of Austin March 28, 2003 Stephan L. Sheets 309 East Main Street Round Rock, Texas 78664 -5246 Re: Lot 7, Block 7, Round Rock North Industrial Business Park, Section Five Dear Stephan, Sincerely I.AN CA COMMONWEALTH TITLE OF AUSTIN Eh�zabeth Young Commercial Esc i 'Officer • LandAmerica Commonwealth Title of Austin, Inc. 7000 Mopac Expressway North, Suite 350 Austin, Texas 78731 Phone 512- 346 -0000 Fax 512- 346 -0044 Enclosed in reference to the above captioned property, you will find the Owner's Policy of Title Insurance and the original recorded Deed and Notice. If you have any questions or need assistance do not hesitate to contact our office. SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, Commonwealth Land Title Insurance Company, a Pennsylvania corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Any statutory or constitutional mechanic's, contractor's, or materialman's lien for labor or material having its inception on or before Date of Policy; 4. Lack of a right of access to and from the land; 5. Lack of good and indefeasible title. The Company also will pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. IN WITNESS WHEREOF, COMMONWEALTH LAND TITLE INSURANCE COMPANY has caused its corporate name and seal to be hereunto affixed by its duly authorized officers, the Policy to become valid when countersigned by an authorized officer or agent of the Company. COMMONWEALTH LAND TITLE INSURANCE COMPANY Attest ISSUED BY COMMONWEALTH LAND TITLE INSURANCE COMPANY Commonwealth A LANDAMPAKA COMPANY EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason o1: 1. (a) Any law, ordinance or governmental regulation (including but not limited 10 building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a pan; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any govern mental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking that has occurred prior to Dale of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; (e) resulting in loss or damage that would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. The refusal of any person to purchase, lease or lend money on the estate or interest covered hereby in the land described in Schedule A because of unmarketability of the title. 5. Any claim which arises out of the transaction vesting in the person named in paragraph 3 of Schedule A the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or other state or federal creditors' rights laws that is based on either (i) the transaction creating the estate or interest Insured by this Policy being deemed a fraudulent conveyance or fraudulent transfer or a void- able distribution or voidable dividend, (11) the subordination or recharacterization of the estate or interest insured by this Policy as a result of the application cif the doctrine of equitable subordination or (iii) the transaction creating the estate or interest insured by this Policy being deemed a preferential transfer except where the preferential transfer results from the failure of the Company or its issuing agent to timely file for record the instrument of transfer to the insured after delivery or the failure of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. Secretary Texas Owner's Policy T -1 (Rev. (4/04/02) Face Page Form 1178 -1A ORIGINAL By: OWNER'S POLICY OF TITLE INSURANCE POLICY NUMBER 115 - 0021314. V � � President Valid only if Schedules A and B and Cover are attached 1. DEFINITION OF TERMS. The following terms when used in this policy mean' (a) " insured ": the insured named in Schedule A, and, subject to any rights or defenses the Company would have had against the named insured, those who succeed to the interest of the named insured by operation of law as distinguished from purchase including, but not limited to, heirs, dislributees, devisees, survivors, personal representatives, next of kin, or corporate, partnership or fiduciary successors, and specifically, without limitation, the follow - 9: (1) the successors in interest too corporation, limited liability pany or limited liability e ppaartnership lilting ham merggee consolidator of c onversion r o the d of the assets of the corporation or limited liebiliry or limited hobO partnership upon partial or complete liquldabon, 'i1 the successors in im stto ere a general orllmted partnership or imi ted liabiN or limited liability ility partnership which dissolvesbu des not terminate; liability company (hi) the successors in interest to a general or limited partnership resulting from the distribution of the assets of the general or limited partnership upon partial or complete liquidation; (iv) the successors in interest to a joint venture restating from the distribution of the assets of the joint venture upon partial or complete liquidation; (v) the successor or substitute trustee(s) of a trustee named in a written bust instrument; or (vi) the successors in interest to a trustee or trust resulting from the distribution of all or part of the assets 01 the trust to the beneficiaries thereof. (b) "insured claimant ": an insured claiming loss or damage. (c) "knowledge" or "known ": actual knowledge, not constructive knowledge or notice that may be imputed to an insured by reason of the public records as defined in this policy or any other records which impart constructive notice of matters affecting the land. (d) 'land ": the land described or referred to in Schedule A, and improvements affixed thereto that by law constitute real property. The term "land" does not include any property beyond the lines of the areadescrlbedor referred to in Schedule A, nor any right, title, interest, estate or easement in abutting streets. roads, avenues, alleys. lanes, ways or waterways, but nothing herein shall modify or limit the extent to which a right of access to and from the land is Ins ured by this policy (e) "mortgage ": mortgage. deed of trust, trust deed, or other security Instrument. (f) "public records cards established under slate statutes at Date of Policy for the purpose of Imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. With respect to Section 1(a)(iv) of the Exclusions From Cover- age, "public records" also shall Include environmental protection liens filed in the records of the clerk of the United Stales district court for the district in which the land Is located. (g) "access ": legal right of access to the land and not the physical condition of access. The coverage provided as to access does not assure the adequacy of access for the use intended. 2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE. The coverage of this policy shall continue in force as of Date of Policy in favor of an insured only so long as the insured retains an estate or Interest in the land. or holds an indebtedness secured by a purchase money mortgage given by a purchaser from the insured, or only so long as the insured shall have liability by reason of covenants of warranty made by the Insured In any transfer or conveyance of the estate or interest. This policy shall not continue in Force in Favor of any purchaser from the insured of either (i) an estate or interest in Me land, or (t) an indebtedness secured by a purchase money mortgage given to the insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT. The insured shall nolily the Company promptly in writing (i) in case of any litigation asset forth In Section 4(a) below, or(ii) in case knowledge shall coe to an insured hereunder of any M claim of title or interest at is adverse m se to Mettle to the estate or interest, as insured, and that might cause loss or damage for which Me Company may be liable by virtue of this policy. If prompt notice shall not be given to the Company, then as to the Insured all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to nobly the Company shall in no case prejudice the rights of any insured under this policy unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. When, after the date of the policy, the Insured notifies the Company as required herein of a lien, encumbrance, adverse claim or other defect in title to the estate or interest in the land insured by this policy that Is not excluded or excepted from the coverage 01 this policy, the Company shall promptly investigate the charge to determine whether the lien, encumbrance, adverse claim or detect is valid and not barred by law or statute. The Company shall notify the insured in writing, within a reasonable time, of its determination as to the validity or invalidity of the insured's claim or charge under 1110 policy. 11 the Company concludes that the lien, encumbrance, adverse claim or detect Is not covered by this policy, or s otherwise addressed In the closing of the transaction In connection with which bus policy was issued, the Company shall specifically advise the insured of the reasons for its determination. 11 the Company concludes Mal the lien, encumbrance, adverse claim or defect is valid, the Compa- ny shall lake one of the following actions: (1) institute the necessary proceedings 10 clear the lien. encumbrance, adverse claim or defect From the title to the estate as Insured: (ii) indemnify the insured as provided in this policy; (iii) upon payment of appropriate premium and charges therefor, issue to the insured claimant or to a subsequent owner, mortgagee or holder of the estate or Interest in the land insured by this policy, a policy of title insurance without exception for the lien, encumbrance, adverse claim or defect, said policy to be in an amount equal to the ano rent value of the property or, if a mortgagee policy, the amount of the loan; (iv) indemnify ther title insurance company in connection with Its issuance of a policy(ies) of title insurance without exception for the lien, encumbrance, adverse claim or defect; (v) secure a release or other document discharging the lien, encumbrance, adverse claim or defect, or (vi) undertake a combination of (I) through (0) herein. 4. DEFENSE AND PROSECUTION OF ACTIONS: DUTY OF INSURED CLAIMANT TO COOPERATE. (a) Upon written request by the insured and subjectto the options contained in Section6 of these Conditions and Stipulations, the Company, at its own cost and without unreasonable delay, shall provide for the defense of an insured In litigation in which any third party 00serts a claim adverse to the title or interest as insured, but only as to those stated causes of action • B 1178 -1A • CONDITIONS AND STIPULATIONS alleging a detect, lien or encumbrance or other matter insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of the insured to object for reasonable cause) to represent Inc T insured as to those stated causes of action and shall not be liable for and will not pay the fees of any Other counsel, The Company will not pay any lees costs or expenses incurred by me insured in the defense of those causes of action that allege matters not insured against by this policy. (b) The Company shell have the right, at its own cost, to institute and prosecute any action or proceeding or to do any clher act that in its opinion may be necessary or desirable to establish the title tithe estate or interest, as insured, or to prevent or reduce loss ordamageto the insured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this policy. If the Company shall exercise its rights under this paragraph, it shall do so diligently. (c) Whenever the Company shall have brought an action or interposed a defense as required or permitted by the provisions of this policy, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from any adverse judgment or order. (d) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding, the insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, and all appeals therein, and permit the Company to use, at Its option, the name of the insured for this purpose. Whenever requested by the Company, the insured, at the Company's expense, shall give the Company all reasonable aid (I) In any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (II) in any other lawful act that in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as insured. If the Company is prejudiced by the failure of the insured to furnish the required cooperation, the Company's Obligations to the insured under the policy shall terminate, Including any liability or obligation to defend. prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. 5. PROOF OF LOSS OR DAMAGE. In addition to and after the notices required under Sermon 3 of these Conditions and Stipulations have been provided the Company, a proof of loss or damage signed and sworn to by the Insured claimant shall be furnished to the Company within 91 days after the insured claimant shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the defect in, or lien or encumbrance on the title, or other maker insured against by this policy that constitutes the basis at loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. lithe Company is prejudiced by the failure of the insured claimant to provide the required proof of loss or damage, the Company's obligations to the insured under the policy shall terminate, including any liability or obligation to defend. prosecute, or continue any 5ngati00, with regard to the matter or matters requiring such proof of loss or damage. In addition, the Insured claimant may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examina- tion, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, corre- spondence and memoranda, whether bearing a date before or after Date of Policy, which reasonably pertain to the loss or damage. Further, if requested by any authorized representa- ve of the Company, the Insured claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda In the custody or control of a third party. which reasonably pertain to the loss or damage. All information designated as confidential by the insured claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, In the reasonable judgment of the Company, ills necessary In the administra- tion 01 Me claim. Failure of the insured claimant to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from Third parties as required in this paragraph shall terminate any liability of the Company under this policy as to that claim. 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY. In case of a claim under this policy, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Insurance. To pay or tender payment of the amount of insurance under this policy, together with any costs, attorneys' lees and expenses Incurred by the insured claimant, which were authorized by the Company, up to the time of payment or tender of payment and which the Company is obligated to pay. Upon the exercise by the Company of this option, all liability and obligations to the insured under this policy, other than to make the payment required, shall terminate, Including any liability or obligation to defend, prosecute, or continue any liligalion, and the policy shall be surrendered to the Company for cancellation. (b) To Pay or Otherwise Settle With Parties Other than the Insured or With the Insured Claimant. (I) to pay or otherwise settle with other parties for or in the name of an insured claimant any claim insured against under this policy, together with any costs, attorneys' fees and expenses Incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company Is obligated to pay, or (ii) to pay or otherwise settle with the insured claimant the lass or damage provided for under this policy, together with any costs, attorneys' tees and expenses incurred by the insured claimant which were authorized by the Company up to the lime of payment and which the Company Is obligated to pay. Upon the exercise by the Company of either of the options provided for in paragraphs (b)( i) or (ii), the Company's obligations to the insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute or continue any litigation. • Issued with Policy No.: Amount of Insurance: $700,000.00 Policy No.: 175- 0021374 Premium: $4,472.00 File No.: 138103CM R16- Survey Amendment: $ R9- Add.Chain: $ Date of Policy: January 13, 2003 1. Name of Insured: CITY OF ROUND ROCK 2. The estate or interest in the land that is covered by this policy is: Fee Simple Title 3. Title to the estate or interest in the land is insured as vested in: CITY OF ROUND ROCK 4. The land referred to in this policy is described as follows: Being 2.8920 acres of land, more or less, out of the DAVID CURRY SURVEY, ABSTRACT NO. 130, in Williamson County, Texas, being Lot 7, Block 7, ROUND ROCK NORTH INDUSTRIAL BUSINESS PARK, SECTION FIVE, as recorded in Cabinet D, Slide(s) 296, Plat Records, Williamson County, Texas, and Lot 1, Block A, COMMERCE COVE ADDITION, as recorded in Cabinet V, Slide(s) 144, Plat Records, Williamson County, Texas. Schedule A Texas Owner Policy T -1 (Rev. 1 -1 -93) Form 971 - Page 1 • • SCHEDULE A • • SCHEDULE B Policy No. 175- 0021374 File No. 138103CM EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorney's fees or expenses) that arise by reason of the terms and conditions of the leases or easements insured, if any, shown in Schedule A and the following matters: 1. The following restrictive covenants of record itemized below (We must either insert specific recording data or delete this exception): Volume 713, Page 903, Deed Records, Cabinet D, Slide 296, Plat Records of Williamson County, Texas (Tract One); Volume 787, Page 154, Deed Records, Volume 966, Page 125, Official Records, Cabinet V, Slide 144, of the Plat Records of Williamson County, Texas (Tract Two). (Deleting therefrom any restrictions indicating any preference, limitation, or discrimination based on race, color, religion, sex, handicap, familial status, or national origin.) 2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments or protrusions, or any overlapping of improvements. 3. Homestead or community property or survivorship rights, if any, of any spouse of any insured. 4. Any titles or rights asserted by anyone, including but not limited to, persons, the public, corporations, governments or other entities, a. to tidelands, or lands comprising the shores or beds of navigable or perennial rivers and streams, lakes, bays, gulfs or oceans, or b. to lands beyond the line of the harbor or bulkhead lines as established or changed by any government, or c. to filled -in lands, or artificial islands, or d. to statutory water rights, including riparian rights, or e. to the area extending from the line of mean low tide to the line of vegetation, or the right of access to that area or easement along and across that area. 5. Standby fees, taxes and assessments by any taxing authority for the year 2003, and subsequent years; and subsequent taxes and assessments by any taxing authority for prior years due to change in land usage or ownership, but not those taxes or assessments for prior years because of an exemption granted to a previous owner of the property under Section 11.13, Texas Tax Code, or because of improvements not assessed for a previous tax year. 6 The following matters and all terms of the documents creating or Schedule B Texas Owner Policy T -1 (Rev. 1 -1 -93) Form 971 - Page 2 offering evidence of the matters (We must insert matters or delete this exception.): a. Easements, or claims of easements, which are not recorded in the public records. b. The following, all according to plat recorded in Cabinet D, Slide 296, of the Plat Records of Williamson County, Texas: An easement seven and one -half (7.5) feet in width along the east property line(s) of Lot 7, for use of public utilities. An easement fifteen (15) feet in width along the rear property line(s) of Lot 7, for use of public utilities; c. The following, all according to plat recorded in Cabinet V, Slide 144, of the Plat Records of Williamson County, Texas: An easement twenty (20) feet in width along the rear property line(s) of Lot 1, for use of public utilities and right of way. An easement fifteen (15) feet in width for public utilities dedicated adjacent to all property lines of Lot 1. d. Electrical distribution line easement to Texas Power & Light Company, dated December 13, 1983, executed by Tom E. Nelson, Jr., recorded in Volume 966, Page 125, of the Official Records of Williamson County, Texas. e. Property lies within Brushy Creek Water Control and Improvement District No. 1 which has taxing authority. f. Location of improvements over 15 foot building line along the easterly side lot line of Lot 7, as shown on survey dated October 25, 2002, by Herman Crichton, Registered Professional Land Surveyor # 4046. g. Rights of partiez in possession. QOMMONWEALT$" LANp//IITLE COMPANY OF AUSTIN i By: Authori d C ntersignature Schedule B Texas Owner Policy T -1 (Rev. 1 -1 -93) Form 971 - Page 3 • • CONDITIONS AND S IPULATIO (Continued) 7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE. This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the insured claimant who has suffered loss or damage by reason of matters insured against by this policy and only to the extent herein described. (a)The liability of the Company under this policy shall not exceed the least of: (I) the Amount of Insurance slated in Schedule A; (ii) The difference between the value of the insured estate or interest as insured and the value of the insured estate or interest subject to the defect, lien or encumbrance insured against by this policy at the date the insured claimant is required to fumish to Company a proof of loss or damage in accordance with Section 5 of these Conditions and Stipulations. (b) In the event the Amount of insurance stated in Schedule A at the Dale of Policy is Tess than 80 percent of the value of the insured estate or interest or the full consideration paid for the land, whichever is less, or if subsequent to the Dale of Policy an improvement is erected on the land which increases the value of the insured estate or interest by at least 20 percent over the Amount of Insurance stated in Schedule A, then this Policy is subject to the following: (i) where no subsequent improvement has been made, as to any partial loss, the Company shall only pay the loss pro rata in the proportion that the amount of insurance at Date of Policy bears to the total value of the insured estate or interest at Date of Policy; or (if) where a subsequent improvement has been made, as to any partial loss, the Company shall only pay the loss pro rata in the proportion that 120 percent of the Amount of Insurance stated in Schedule A bears to the sum of the Amount of Insurance slated in Schedule A and the amount expended for the improvement. The provisions of this paragraph shall not apply to costs, attorneys' fees and expenses for which the Company is liable under this policy, and shall only apply to 'that portion of any loss which exceeds, in the aggregate, 10 percent of the Amount of Insurance stated in Schedule A. (c) The Company will pay only those costs, attomeys' fees and expenses incurred in accordance with Section 4 of these Conditions and Stipulations, e. APPORTIONMENT. II the land described in Schedule A consists of two or more parcels that are not used as a single site, and a loss is established affecting one or more of the parcels but not all, the loss shall be computed and settled on a pro rata basis as if the amount of insurance under this policy was divided pro rata as to the value on Date of Policy of each separate parcel to the whole, exclusive of any improvements made subsequent to Dale of Policy, unless a liability or value has otherwise been agreed upon as to each parcel by the Company and the insured at the time of the issuance of this policy and shown by an express statement or by an endorsement attached to This policy. 9. LIMITATION OF LIABILITY. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures the lack of a right of access to or from the land, all as insured, or takes action In accordance with Section 3 or Section 6, in a reasonably diligent manner by any method, Including litigation and the completion of any appeals therefrom, it shall have fully perf ormed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title as insured. (c) The Company shall not be liable for loss or damage to any insured for liability voluntarily assumed by the insured in settling any claim or suit without the prior written consent of the Company. 10. REDUCTION OF INSURANCE: REDUCTION OR TERMINATION OF LIABILITY. All payments under this policy, except payments made for costs, attomeys' fees and expenses, shall reduce the amount of the insurance pro tanto. 11. LIABILITY NONCUMULATIVE. II is expressly understood that the amount of insurance under this policy shall be reduced by any amount the Company may pay under any policy insuring a mortgage to which exception is taken in Schedule 8 or to which the insured has agreed, assumed, or taken subject, or which is hereafter executed by an insured and which is a charge or lien on the estate or interest described or relerred to in Schedule A, and the amount so paid shall be deemed a payment under this policy to the insured owner. 12. PAYMENT OF LOSS. (a) No payment shall be made without producing this policy for endorsement of the payment unless the policy has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within 30 days thereafter, 13. SUBROGATION UPON PAYMENT OR SETTLEMENT. (a) The Company's Right of Subrogation. Whenever the Company shall have settled and paid a claim under this policy. all right of subrogation shall vest in the Company unaffected by any act of the insured claimant. The Company shall be subrogated to and be entitled to all rights and remedies that the insured claimant would have had against any person or property in respect to the claim had this policy not been issued. If requested by the Company, the insured claimant shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The insured claimant shall permit the Company to sue, compromise or settle in the name of the insured claimant and to use the name of the insured claimant in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the insured claimant, the Company shall be subrogated to these rights and remedies in the proportion which the Company's payment bears to the whole amount of the Toss. Texas Owner Policy T -1 (Rev. 10 -1 -97) Cover Page Form 1178 -2 ORIGINAL • If loss should result from any act of the insured claimant, as stated above. that act shall not void this policy, but the Company, in that event, shall be required to pay only that part of any losses insured against by this policy that shall exceed the amount, it any, lost to the Company by reason of the impairment by the insured claimant of the Company's right of subrogation. (b) The Company's Rights Against Non - insured Obligors, The Company's right of subrogation against ran - insured obligors shall exist and shall include, without limitation, the rights of the insured to indemnities, guaranties, other policies of insurance or bonds, notwithstanding any terms or conditions contained in those instruments that provide for subrogation rights by reason of this policy. 14. ARBITRATION. "Unless prohibited by applicable law or unless this amitration section is deleted by specific provision In Schedule B of this policy, either the Company of the Insured may demand arbitration pursuant to the Title Insurance Arbitration Rules or the American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Insured arising out of or relating to this Policy, and service of the Company in connection with its issuance or the breach of a policy provision or other obligation. All arbitrable matters when the Amount of Insurance is $1,000,000 or less SHALL BE arbitrated at the request of either the Company or the Insured, unless Inc insured is an individual person (as distinguished from a corporation, trust, partnership, association or other legal entity). All arbitrable matters when the Amount of Insurance is in excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and the Insured. Arbitration pursuant to this Policy and under the Rules in effect on the dale the demand for arbitration is made or, at the option of the Insured, Inc Rules in effect at the Date of Policy shall be binding upon the parties. The award may include attomeys' lees only'rf the laws of the stale in which the land is located permit a court to award attorneys' lees to a prevailing party. Judgment upon the award rendered by the Arbltrator(s) may be entered in any court having jurisdiction thereof. The Law of the sltus of the land shall apply to any arbitration under the Title Insurance Arbitration Rules. A Copy of the Rules may be obtained from the Company upon request." 15. LIABILITY LIMITED TO THIS POLICY: POLICY ENTIRE CONTRACT. (a) This policy together with all endorsements, it any, attached hereto by the Company is the entire policy and contract between the insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whale. (b) Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the title to the estate or interest covered hereby or by any action asserting such claim, shall be restricted to this policy. (c) No amendment of or endorsement to this policy can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 16. SEVERABILIrY. In the event any provision of the policy is held invalid or unenforceable under applicable law, the policy shall be deemed not to Include that provision, and all other provisions shall remain in lull force and effect. 17. NOTICES, WHERE SENT. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this policy and shall be addressed lo: Consumer Affairs Department, P.O. Box 27567, Richmond, Virginia 23261 -7567. COMPLAINT NOTICE. Should any dispute arise about your premium or about a claim that you have filed, contact the agent or write to the Company that issued the policy. If the problem is not resolved, you also may write the Texas Department of Insurance, P.O. Box 149091, Austin, TX 78714 -9091, Fax No. (512) 475 -1771. This notice of complaint procedure is for information only and does not become a part or condition of this policy. FOR INFORMATION, OR TO MAKE A COMPLAINT, CALL: 1- 800 - 925 -0965 PARA INFORMATION, 0 PARA HACER UNA QUEJA, HABLE 1 - 800 - 925 -0965 — Varid rinhr If Faro Pan.. Rrharlidac A anrt R Ara Atta had Issued from the office of: LANDAMERICA COMMONWEALTH TITLE OF AUSTIN, INC. 7000 North Mopac Expressway Suite 350 Austin, TX 78731 Phone: (512) 346 -0000 TEXAS OWNER POLICY OF TITLE INSURANCE ISSUED BY COMMONWEALTH LAND TITLE INSURANCE COMPANY Commonwealth Title Insurance Since 1876 Home OFFICE: 101 Gateway Centre Parkway, Gateway One Richmond, Virginia 23235.5153 B 1178 -2 A WORD OF THANKS As we make your policy a part of our permanent records, we want to express our appreciation of this evidence of your faith in Commonwealth Land Title Insurance Company. There is no recurring premium. This policy provides valuable title protection and we suggest you keep it in a safe place where it will be readily available for future reference. If you have any questions about the protection provided by this policy, contact the office that issued your policy or you may write to: Consumer Affairs Department Commonwealth Land Title Insurance Company 7557 Rambler Road, Suite 1200 Dallas, Texas 75231 TOLL FREE NUMBER: 1- 800 - 925 -0965 1 116'Y= THE STATE OF TEXAS 153100 -1 01/06/2003 COUNTY OF WILLIAMSON (i) • WARRANTY DEED 20030.858 4 P.®s Round Rock North Partnership, a Texas general partnership, ( "Grantor "), for and in consideration of the sum of TEN AND NO /100 DOLLARS ($10.00) and other good and valuable consideration to Grantor in hand paid by the City of Round Rock, a Texas Home Rule City ( "Grantee "), whose mailing address is 221 East Main Street, Round Rock, Texas 78644, the receipt and sufficiency of which consideration is hereby acknowledged and confessed, has GRANTED, SOLD AND CONVEYED, and by these presents does GRANT, SELL AND CONVEY, unto Grantee, subject to all of the reservations, exceptions and other matters set forth or referred to herein, the following described property: That certain real property, along with all improvements (the "Improvements ") situated on or attached thereto, in Williamson County, Texas, which is described on Exhibit "A" attached hereto and incorporated herein by reference (the "Land "); (ii) All fixtures, built -in appliances, and other personal property of any kind or nature owned by Grantor which are attached or affixed to the Land or the Improvements (all of the foregoing being referred to herein collectively as the "Fixtures "); and (iii) All rights and appurtenances benefiting or pertaining to the Land or the Improvements, including, without limitation, all of Grantor's right, title, and interest in and to all streets, alleys, rights -of -way, or easements adjacent to or benefiting the Land (all of the foregoing being referred to herein collectively as the "Appurtenances "). The Land, Improvements, Fixtures, and Appurtenances are collectively referred to herein as the "Property". TO HAVE AND TO HOLD the Property, together with all and singular the rights and appurtenances thereto in anywise belonging unto Grantee, and Grantee's successors or assigns, forever; and, subject to all of the matters set forth or referred to herein, Grantor does hereby bind itself and its successors to WARRANT AND FOREVER DEFEND all and singular the Property unto Grantee, Grantee's successors and assigns, against every person whomsoever lawfully claiming or to claim the same, or any part thereof, by, through or under Grantor, but not otherwise; provided, however that this conveyance is made by Grantor and accepted by Grantee subject to: (a) all of the title exceptions revealed in or by the recorded documents and other matters listed on Exhibit "B" attached hereto and incorporated herein by reference; and (b) all standby fees, taxes and assessments by any taxing authority for the current and all subsequent years, and all liens securing the payment of any of the foregoing. The Property is hereby conveyed by Grantor and accepted by Grantee AS IS, WHERE IS, WITH ALL FAULTS, IF ANY, AND WITHOUT ANY REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED (other than the warranty of title contained in this deed and the express warranties contained in that certain Real Estate Contract dated October 10, 2002, between Grantor, as seller, and Grantee, as purchaser). 153100 -1 01/06/2003 • • EXECUTED AND DELIVERED the 10 day of January, 2003. ROUND ROCK NORTH PARTNERSHIP, a Texas general partnership By: Printed Name: Alan L Muskin Title: Managing Partner THE STATE OF TEXAS COUNTY OF TRAVIS § This instrument was acknowledged before me on the I of January, 2003, by Alan L. Muskin, managing partner of Round Rock North Partnership ..an iehalf of said general partnership. Not ✓' 1 I p �v.r rvt 1 144 ©n n/GO Ll ;t c n 1 2 of Texas ELIZABETH YOUNG MY COMMISSION EXPIRES May 27,2004 153100 -1 01/0672003 • • EXHIBIT "A" PROPERTY DESCRIPTION 2.8920 acres of land, more or less, out of the DAVID CURRY SURVEY, ABSTRACT No. 130, in Williamson County, Texas, being Lot 7 ( "Lot 7"), Block 7, ROUND ROCK NORTH INDUSTRIAL BUSINESS PARK, SECTION FIVE, as recorded in Cabinet D, Slide(s) 296, Plat Records of Williamson County, Texas, and Lot 1 ( "Lot 1 "), Block A, COMMERCE COVE ADDITION, as recorded in Cabinet V, Slide(s) 144, Plat Records of Williamson County, Texas. Cu) • • EXHIBIT `B" PERMITTED EXCEPTIONS 1. Restrictive covenants recorded in Volume 713, Page 903, Deed Records, and Cabinet D, Slide 296 , Plat Records of Williamson County, Texas (Lot 7); Volume 787, Page 154, Deed Records, Volume 966, Page 125, Official Records, Cabinet V, Slide 144, Plat Records of Williamson County, Texas (Lot 1). 2. Easements, or claims of easements, which are not recorded in the public records. 3. The following, all according to plat recorded in Cabinet D, Slide 296, of the Plat Records of Williamson County, Texas: (a) An easement seven and one -half (7.5) feet in width along the east property line(s) of Lot 7 for use of public utilities. (b) An easement fifteen (15) feet in width along the rear property line(s) of Lot 7, for use of public utilities. 4. The following, all according to plat recorded in Cabinet V, Slide 144, of the Plat Records of Williamson County, Texas: (a) An easement twenty (20) feet in width along the rear property line(s) of Lot 1 for use of public utilities and right of way. (b) An easement fifteen (15) feet in width for public utilities dedicated adjacent to all property lines of Lot 1. 5. Electrical distribution line easement to Texas Power & Light Company, dated December 13, 1983, executed by Tom E. Nelson, Jr., recorded in Volume 966, Page 125, of the Official Records of Williamson County, Texas. 6. The Property lies within Brushy Creek Water Control and Improvement District No. 1, which has taxing authority. 7. Location of improvements over 15 foot building line along the easterly side lot line of Lot 7, as shown on survey dated October 25, 2002, by Herman Crichton, Registered Professional Land Surveyor #4046. 153100 -1 01/06/2003 FILED OD RECORDED OFFICIAL PUBLIC RECORDS 01 -13- 2003`09:19 AM 2003002858 ANDERSON $15.00 NANCY E. RISTER COUNTY CLERK WILLIAMSON COUNTY' TEXAS 159 L.- X15 BRUSHY CREEK WATER CONTROL AND IMPROVEMENT DISTRICT NO. 1 NOTICE TO PURCHASER The real property, described below, which you are about to purchase is located in the Brushy Creek Water Control and Improvement District No. 1. The district has taxing authority separate from any other taxing authority, and may, subject to voter approval, issue an unlimited amount of bonds and levy an unlimited rate of tax in payment of such bonds. As of this date, The rate of taxes levied by the district on real property located in the district is $0.00 on each $100.00 of assessed valuation. If the district has not levied taxes, the most recent projected rate of debt service tax, as of this date, is $0.00 on each $100.00 of assessed valuation. The total amount of bonds which has been approved by the voters and which har a been or may, at this date, be issued is $0.00 and the aggregate initial principal amounts of all bonds issued for one or more of the specified facilities of the district any payable in whole or in part from property taxes is $0.00. The district has the authority to adopt and impose a standby fee on property in the district that has water, sewer, sanitary, or drainage facilities, or other services available but not connected and which does not have a house, building or other improvement located thereon and does not substantially utilize the utility capacity available to the property. The district may exercise the authority without holding an election on the matter. As of this date, the amount of the standby fee is $0.00. An unpaid standby fee is a personal obligation of the person that owned the property at the time of the imposition and is secured by a lien on the property. Any person may request a certificate from the district stating the amount, if any, on unpaid standby fees on a tract of property in the district. The purpose of this district is to provide water, sewer, drainage, or flood control facilities and services within the district through issuance of bonds payable in whole or in part from property taxes. The cost of these utility facilities is not included in the purchase price of your property, and these utility facilities are owned or to be owned by the district. The legal description of the property which you are acquiring is as follows: TRACT ONE: Lot Seven (7), Block "7 ", Round Rock North Industrial Business Park, Section Five, a subdivision in Williamson County, Texas, according to the map or plat of record in Cabinet D, Slide 296, Plat Records of Williamson County, Texas. TRACT TWO: Lot One (1), Block "A ", Commerce Cove Addition, a subdivision in Williamson County, Texas, according to the map or plat of record in Cabinet V, Slide 144, Plat Records of Williamson County, Texas. Tract One and Tract Two are collectively referred to herein as the "Property." 148921 -1 11/07/2002 • 20030G859 4 tags 1 4) o\ STATE OF TEXAS COUNTY OF TRAVIS This instrument was acknowledged before me the 25 day of November , 2002, by Alan L. Muskin, managing partner of Round Rock North Partnership, a Texas general partnership, on behalf of sai (sea 148921.1 11/07/2002 • • LINDA BERSON Votary Public. ;We of Texas My Commission Expires DECEMBER 23, 2004 SELLER: Notary Public BUYER: ROUND ROCK NORTH PARTNERSHIP, a Texas general partnership Printed Name: Alan L. Muskin Title: Managing Partner Date: November 25, 2002 BUYER IS ADVISED THAT TI-IE INFORMATION SHOWN ON THIS FORM IS SUBJECT TO CHANGE BY THE DISTRICT AT ANY TIME. THE DISTRICT ROUTINELY ESTABLISHES TAX RATES DURING THE MONTHS OF SEPTEMBER THROUGH DECEMBER OF EACH YEAR, EFFECTIVE FOR THE YEAR IN WHICH THE TAX RATES ARE APPROVED BY THE DISTRICT. BUYER IS ADVISED TO CONTACT THE DISTRICT TO DETERMINE THE STATUS OF ANY CURRENT OR PROPOSED CHANGES TO THE INFORMATION SHOWN ON THIS FORM. The undersigned Buyer hereby acknowledges receipt of the foregoing notice at or prior to execution of a binding contract for the purchase of the real property described in such notice or at closing of purchase of the real property. CITY OF ROUND ROCK, a home -rule municipality By: Printed Narne: Title: Date: - 2 - tECORDERS MEMORANDUM Al or puts of the text on this page was not :learly legible for satisfactory recordation. " JAN-03 -2003 12:08 STATE OF TEXAS COUNTY OF TRAVIS (sea 143921-111/072002 COM ENWEALTH MOPRC 512 346 6034 P.16/17 • F 49 LINDA RIBERSON z :•atai Pebkc. Slate al Texas My Common SWaes Of DECEMBER 23, 2004 SELLER: Notary Public BUYER; municip By: Printed Title: Date: - 2 - • ROUND ROCK NORTH PARTNERSHIP, a Texas general partnership By: Printed %Tame; Alan L. Muskin Title Managing Partner Date: November 05 , 2002 This instrument was acknowledged before me the 2 day of November , 2002, by Alan L. Muskin, managing partner of Round Rock North Partrtership, a Texas general partnership, on behalf of sa BUYER IS AD`V CSED THAT THE INFORMATION SHOWN ON THIS FORM IS SUBJECT TO CHANGE BY THE DISTRICT AT ANY TIME. THE DISTRICT ROUTINELY ESTABLISHES TAX RATES DURING THE MONTHS OF SEPTEMBER THROUGH DECEMBER OF EACH YEAR, EFFECTIVE. FOR THE YEAR IN WHICH THE TAX RATES ARE APPROVED BY THE DISTRICT. BUYER IS ADVISED TO CONTACT THE DISTRICT TO DETERMINE THE STATUS OF ANY CURRENT OR PROPOSED CHANGES TO THE INFORMATION SHOWN ON THIS FORM. The undersigned Buyer hereby acknowledges receipt of the foregoing notice at or prior to execution of a binding contract for the purchase of the real property described in such notice or a closing of purchase of the real property. CITY OF ROUND ROCK. a home -rule ECORDERS MEMORANDUM or puts of the =ton this page was not Dearly legible for satisfactory teoordation. JRN-03 -2003 12:08 STATE OF TEXAS COUNTY OF WILLIAMSON This instrument was acknowledged before me the 23_ day of :Vranuar', 20� by 54-P phan L ,Shee i� /� 1'M I e of the City of Round Rock, home -rule municipali on behalf of the Municipality. ( h4 - 24 VI I c �K1CSG! f� Notary Public (seal) R el+m I': 148921•1 11/0]/20[12 COMMONWEALTH MOPRC 512 346 6034 P.17/17 • • FILED OD RECORDED OFFICIAL PUBLIC RECORDS e 01- 13- 20009:19 AM 2003002859 ANDERSON $15.00 NRNWILLIAMSONECOUNTY, ,COUNTY TEXAS 1+t nt iWJu` L-Ar l - 3 - TOTAL P.17 ConuioNwr;Aian LAND TITLE COMPANY or AUSTIN 20 Chisholm Trail Round Rock, 7X 78681 1 512 238 -8999 fax 511 238-8622 Commonwealth October 16, 2002 Gry of Round Rock Attn: Nyle Maxwell, Mayor 221 E. Main Street Round Rock, TX 78664 GF# 138103RR Dear Mr. Nyle Maxwell: This letter shall serve to acknowledge our receipt of the referenced Contract of Sale and an Earnest Money check in the amount of $10,000.00(accepted subject to collection). Once completed, I will forward to all parties a Commitment for Title Insurance and copies of the exception matters set out in said Commitment. We sincerely appreciate being given the oppottunity to provide title insurance and escrow services for your closing. If you have any questions or feel that we can be of further assistance, please do not hesitate to contact me at the number shown above. Respectfully, K1Y11 Sm.Aat KIM SMYTH Escrow Officer Commonwealth Land Title Enclosure (1) mice State of Texas County of Williamson REAL ESTATE CONTRACT THIS CONTRACT OF SALE ( "Contract ") is made by and between ROUND ROCK NORTH PARTNERSHIP, a Texas Partnership (referred to in this Contract as "Seller ") and the CITY OF ROUND ROCK, a Texas Home Rule City of 221 E. Main St. Round Rock, Williamson County, Texas (referred to in this Contract as "Purchaser "), upon the terms and conditions set forth in this Contract. TRACT 1: ARTICLE I PURCHASE AND SALE By this Contract, Seller sells and agrees to convey, and Purchaser purchases and agrees to pay for, two tracts of land situated in Williamson County, Texas, being more particularly described as follows: Lot 7, Block 7, Round Rock North Industrial Business Park, Section V, a subdivision in Williamson County, Texas, according to the map or plat thereof recorded in Cabinet D, Slide 296, Plat Records of Williamson County, Texas; and TRACT 2: Lot I, Block A, Commerce Cove Addition, a subdivision in Williamson County, Texas, according to the map or plat thereof recorded in Cabinet V. Slide 144, Plat Records of Williamson County, Texas together with all and singular the rights and appurtenances pertaining to the property, including any right, tine and interest of Seller in and to adjacent streets, alleys or rights-of-way (all of such real property, rights, and appurtenances being referred to in this Contract as the "Property "), together with any improvements, fixtures, built -in appliances, and personal property situated on and attached to the Property, for the consideration and upon and subject to the terms, provisions, and conditions set forth below. ARTICLE II PURCHASE PRICE Amount of Purchase Price 2.01. The purchase price for the Property shall be the sum of Seven Hundred Thousand and no/100 Dollars ($700,000.00). 2.02. The Purchase Price shall be paid in cash at the closing. Conditions to Purchaser's Obligations 3.01. The obligations of Purchaser hereunder to consummate the transaction contemplated hereby are subject to the satisfaction of each of the following conditions (any of which may be waived in whole or in part by Purchaser at or prior to the closing). 12 -02 -i0 1 0-/3D8 Preliminary Title Commitment Payment of Purchase Price ARTICLE III PURCHASER'S OBLIGATIONS 3.02. Within twenty-one (21) days after the date of execution of this Contract, Seller, at Seller's sole cost and expense, will obtain from Commonwealth Title Company, 20 Chisholm Trail Rd., Round Rock, Texas (the "Title Company ") a preliminary title report (the "Title Commitment ") accompanied by copies of all recorded documents relating to easements, rights-of-way, etc., affecting the Property. Purchaser will give Seller written notice on or before the expiration of ten (10) days after Purchaser receives the Title Commitment that the condition of title as set forth in the Title Commitment is or is not satisfactory. In the event that Purchaser states that the condition is not satisfactory, Seller may undertake to eliminate or modify all unacceptable matters to the reasonable satisfaction of Purchaser at or prior to Closing. In the event Seller is unable or unwilling to do so, this Contract shall thereupon be null and void for all purposes and the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser. Survey 3.03. Within thirty (30) days from the date hereof, Seller, at Seller's sole cost and expense, shall cause to be delivered a current plat or survey of the Property, prepared by a duly licensed Texas land surveyor acceptable to Purchaser. The survey shall be staked on the ground, and the plat shall show the location of all improvements, highways, streets, roads, railroads, rivers, creeks, or other water courses, fences, easements, and rights -of -way on or adjacent to the Property, if any, and shall contain the surveyor's certification that there are no encroachments on the property and shall set forth the number of total acres comprising the Property, together with a metes and bounds description thereof New Surveys and Tests 3.04. Within thirty (30) days after the date hereof Purchaser is granted the right to conduct an engineering survey and feasibility study of the Property, and in this connection Purchaser or Purchaser's designated agents may enter upon the premises for purposes of soil analysis, core drilling, environmental survey, or other tests which may be deemed necessary to Purchaser or Purchaser's engineer. If it should be determined by Purchaser in Purchaser's sole judgment that the Property is not suitable for the intended purposes, then and in this event, Purchaser may, on written notice to Seller received prior to thirty (30) days from the date hereof, terminate this Contract and it shall be null and void for all purposes and the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser, less $100.00 as consideration to Seller for the execution of this Contract. If the written notice is not received within this 30 day period, the condition shall be deemed to be acceptable and any objection thereto shall be deemed to have been waived for all purposes. Purchaser's entry onto the Property is at Purchaser's sole risk and Purchaser hereby releases and indemnifies Seller from and against all liability in connection therewith. All costs and expenses related to Purchaser's inspection of the Property will be paid for by Purchaser, and Purchaser agrees to indemnify and hold Seller harmless from and against all such costs and expenses. If either party hereto terminates this Contract under any right granted hereunder, Purchaser will repair any damages to the Property by reason of the exercise of Purchaser's rights hereunder. Miscellaneous Conditions 3.05. Seller shall have performed, observed, and complied with all of the covenants, agreements, and conditions required by this Contract to be performed, observed, and complied with by Seller prior to or as of the closing. 4.01. At the closing Seller shall: ARTICLE IV CLOSING The closing shall be held at the Title Company, on or before January 10, 2003, or at such time, date, and place as Seller and Purchaser may agree upon (which date is herein referred to as the "closing date "). Seller's Obligations (a) Deliver to Purchaser a duly executed and acknowledged Special Warranty Deed conveying good and indefeasible title in fee simple to all of the Property, free and clear of any and all liens, encumbrances, conditions, easements, assessments, and restrictions, except for the following: (b) (i) General real estate taxes for the year of closing and subsequent years not yet due and payable; (ii) Any exceptions approved by Purchaser pursuant to Article III hereof; and (iii) Any exceptions approved by Purchaser in writing. Deliver to Purchaser a Texas Owner's Title Policy at Seller's sole expense, issued by Title Company, in Purchaser's favor in the full amount of the purchase price, insuring Purchaser's fee simple title to the Property subject only to those title exceptions listed above, such other exceptions as may be approved in writing by Purchaser, and the standard printed exceptions contained in the usual form of Texas Owner's Title Policy. (c) Deliver to Purchaser possession of the Property. Purchaser's Obligations 4.02 At the Closing, Purchaser shall pay the cash portion of the purchase price. Prorations 4.03 General real estate taxes for the then current year relating to the Property, shall be prorated as of the closing date and shall be adjusted in cash at the closing. If the closing shall occur before the tax rate is fixed for the then current year, the apportionment of taxes shall be upon the basis of the tax rate for the next preceding year applied to the latest assessed valuation. All special taxes or assessments to the closing date shall be paid by Seller. Closing Costs 4.04 All costs and expenses of closing in consummating the sale and purchase of the Property shall be borne and paid as follows: Owner's Title Policy paid by Seller, Survey paid by Seller; Filing fees for deed paid by Purchaser; Filing fees for release(s) paid by Seller, Title curative matters, if any, paid by Seller; Attorney's fees paid by each respectively. ARTICLE V REPRESENTATIONS OF SELLER 5.01 Seller represents and warrants to Buyer, as of the closing date, as follows: (1) There are no parties in possession of any portion of the Property as lessees, tenants at sufferance, or trespassers; (2) To the current, actual knowledge of Seller without investigation, Seller has complied with all applicable laws, ordinances, regulations, and restrictions relating to the Property, or any part of it; (3) To the current, actual knowledge of Seller without investigation, Seller is not aware of any material physical defects to the Property; (4) To the current, actual knowledge of Seller without investigation, Seller is not aware of any environmental hazards or conditions that affect the Property; To the current, actual knowledge of Seller without investigation, Seller is not aware that the Property is or has ever been used for the storage or disposal of hazardous materials or toxic waste, or any underground tanks or containers; and (6) To the current, actual knowledge of Seller without investigation, Seller is not aware that radon, asbestos insulation or fireproofing, urea formaldehyde foam insulation, lead based paint or other pollutants or contaminants of any nature now exist or have ever existed on the Property. (5) 5.02 Purchaser agrees and hereby acknowledges that in all instances in this Contract where reference is made to the knowledge or awareness of Seller, such reference will mean and refer only to the current actual knowledge of Alan Muskin and not to the knowledge of any other person or entity. The foregoing representations and warranties will survive closing for a period of six (6) months, and will be of no further force or effect thereafter, notwithstanding any provision herein to the contrary. Purchaser acknowledges that Purchaser has already inspected the Property or will hereafter independently cause the Property to be inspected on its behalf and that Purchaser has not entered into this Contract based upon any representation, warranty, agreement, statement or expression of opinion by Seller (except as contained herein) or by any person or entity acting or allegedly acting for or on behalf of Seller as to the condition of the Property. Purchaser agrees that the Property is to be sold to and accepted by Purchaser at closing, AS IS, WHERE IS, WITH ALL FAULTS, IF ANY, AND WITHOUT ANY REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED (other than the express warranties contained herein and the warranty of title set out in the Deed). ARTICLE VI REAL ESTATE COMMISSIONS The only broker who has been involved in the negotiation and consummation of this Contract is Summit Commercial Properties. Conditioned on the closing of the sale contemplated by this Contract, a commission in the amount of six percent (6 %) percent of the total sales price will be payable, to Summit Commercial Properties. This commission is to be payable in cash at the closing. If this Contract is terminated for any reason before closing, there will be no commission due or payable under the Contract. All real estate commissions will be the sole responsibility of Seller, and Seller agrees to indemnify and hold harmless Buyer from any claims for these commissions. Each of the parties represents to the other that it has not incurred and will not incur any liability for brokerage fees or agent's conunissions in connection with this Contract other than the liability of Seller as set forth in this paragraph. ARTICLE VII ESCROW DEPOSIT For the purpose of securing the performance of Purchaser under the terms and provisions of this Contract, Purchaser has delivered to Title Company, the sum of Ten Thousand Dollars ($10,000.00), the Escrow Deposit, which shall be paid by the Title Company to Seller in the event Purchaser breaches this Contract as provided in Article VIII hereof. At the closing, the Escrow Deposit shall be paid over to Seller and applied to the cash portion of the purchase price, provided, however, that in the event the Purchaser shall have given written notice to the Title Company that one or more of the conditions to its obligations set forth in Article III have not been met, or, in the opinion of Purchaser, cannot be satisfied, in the manner and as provided for in Article III, then the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser. ARTICLE VIII BREACH BY SELLER In the event Seller shall fail to fully and timely perform any of its obligations hereunder or shall fail to consummate the sale of the Property for any reason, except Purchaser's default, Purchaser may: (1) enforce specific performance of this Contract; or (2) terminate this Contract and request that the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser. ARTICLE IX BREACH BY PURCHASER In the event Purchaser should fail to consummate the purchase of the Property, the conditions to Purchaser's obligations set forth in Article III having been satisfied and Purchaser being in default and Seller not being in default hereunder, Seller shall have the right to receive the Escrow Deposit from the Title Company, the sum being agreed on as liquidated damages for the failure of Purchaser to perform the duties, liabilities, and obligations imposed upon it by the terms and provisions of this Contract, and Seller agrees to accept and take this cash payment as its total damages and relief and as Seller's sole remedy hereunder in such event. 10.01. (h) Time is of the essence in this Contract. ARTICLE X MISCELLANEOUS Assignment of Contract (a) This Contract may not be assigned without the express written consent of Seller. Survival of Covenants (b) Any of the representations, warranties, covenants, and agreements of the parties, as well as any rights and benefits of the parties, pertaining to a period of time following the closing of the transactions contemplated hereby shall survive the closing and shall not be merged therein. Notice (c) Any notice required or permitted to be delivered hereunder shall be deemed received when sent by United States mail, postage prepaid, certified mail, return receipt requested, addressed to Seller or Purchaser, as the case may be, at the address set forth opposite the signature of the party. Texas Law to Apply (d) This Contract shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Williamson County, Texas. Parties Bound (e) This Contract shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors and assigns where permitted by this Contract. Legal Construction (f) In case any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal, or unenforceable in any respect, this invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Contract shall be construed as if the invalid, illegal, or unenforceable provision had never been contained herein Prior Agreements Superseded (g) This Contract constitutes the sole and only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. Time of Essence Gender (i) Words of any gender used in this Contract shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise. Exchange (j) For tax purposes, Seller may desire to consummate the transaction by means of a "lax deferred" exchange involving a third party exchange intermediary. So long as such transaction can be accomplished at no additional cost to Purchaser, and so long as Purchaser pays no more than the Purchase Price provided for in this Contract, Purchaser agrees to consummate the transaction by means of such tax deferred exchange. Risk of Loss (k) Seller will bear the risk of all loss or damage to the premises from all causes until the closing date. If, before the closing date, all or part of the premises are damaged by fire or by any other cause, Seller will promptly notify Purchaser in writing of this damage. After notice of this damage (from Seller or otherwise), Purchaser will have the option to require Seller either (i) to repair and restore the damaged portion of the premises to its condition immediately before this casualty, or (ii) to convey the premises, on the closing date, to Purchaser in its damaged condition and to assign to Purchaser all of Seller's rights in any claims Seller may have under the insurance policies covering the premises, or (iii) Purchaser may, at its option, terminate this Contract by written notice delivered to Seller, with a copy to Title Company. On receipt of this notice, Title Company will promptly refund to Purchaser the escrow deposit, and this Agreement will be void for all purposes. In the event of this damage, on the Purchaser's request, Seller will immediately provide Purchaser with a copy of all insurance policies covering the premises. If Purchaser elects to require Seller to repair the premises, Seller will promptly begin these repairs and will pursue their completion with due diligence. If this repair will not be completed to Purchaser's reasonable satisfaction on or before the closing date, Purchaser will have the right, but not the obligation, to delay the closing until all the repairs have been completed by Seller or until an earlier date that Purchaser deems appropriate. Dated this H D day of - b 02. SELLER: ROUND ROCK NORTH PARTNERSHIP By: Alan L. Muskin, its Managing Partner 4601 Spicewood Springs Road Building 4, Suite 100 Austin, Texas 78759 With Copy to: David Smith Armbrust & Brown, L.L.P. 100 Congress Avenue, Suite 1300 Austin, Texas 78701 PURCHASER: CITY OF ROUND ROCK, TEXAS By: axwell, Mayor 221 E. Main Street Round Rock, Texas 78664 RESOLUTION NO. R- 02- 10- 10 -13D8 WHEREAS, the City desires to purchase two tracts of land situated on Lot 7, Block 7, Round Rock North Industrial Park, and Lot 1, Block A, Commerce Cove Addition, and WHEREAS, Round Rock North Partnership, the owner of the property, has agreed to sell said property to the City, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Real Estate Contract with Round Rock North Partnership for the purchase of the above described property, a copy of said Contract being attached hereto as Exhibit "A ". The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 10th day of October, 2002. L WELL, Mayor AT E T: City of Round Rock, Texas CHRISTINE R. MARTINEZ, City Secret O! \�Ox \RESOLUTI \02101008.000/000 y EARNEST MONEY RECEIPT RECEIPT OF 'CONTRACT AND '' EARNEST MONEY IN THE FORM OF � e 4'55'64 IS ACKNOWLEDGED. ESCROW AGE /A BY: 0 r (�f h r G�c�l� h LG•!\I4 Commonwealth Land Title CO. 20 Chisholm Trail ?Dund Rock, TX 78681 To The • Order Of COMMONWEALTH TITLE 20Chisholm Trail Round Rock, TX. 78681 t ` 11•04 5 38611': 1:1 L L90 30 21: 00 233094 L9 LBH• _;;J00 NOT,ACCEPTTHISCHECK UNLESSTHE PINK' LOCK $KEY'IC0N5 - FADE WHEN WARMED .AND 80UCAN -SEE'6 PENTAGON-SHAPEOTRUE WATERMARKWHEN HOLDING THE CHECK TO THE UGH 88 -130 1119 TX 'HUB OR BREATHE ON THE PINK LOCK & KEY ICONS -COLOR WILL CHANGE ON AN AUTHENTIC CHECKS -IF COLOR DOES OT 889809'DO NOT ACCEPT`" -," CITX Q OF ROUND ROCK 231:. MAIN STREET - . ROUND ROCK, TX 78661 - Phn „ (512)218 - 5400 BANK OF AMERICA WICHITA FALLS, TEXAS /_81030 ,e1 ktus Date 14.O Pay '” ** *TEN THOUSAND AND XX / 10017S DOLLAR * * ** Pay Amount 510,000.00 045386 CON1MOKwI IdH LAND TITLE COMPANY OF AUSTIN 20 Chisholm Trail 1 Round Roca, 7X 78681 1 512-238-8999 1 fax' 512-238-8622 Commonwealth November 20, 2002 City Of Round Rock Texas Nyle Maxwell, Mayor 221 E. Main Street Round Rock, TX 78664 RECEIVED NOV 2 5 2002 RE: G.F. No: 138103RR Seller(s): Round Rock North Partnership Buyer(s): City of Round Rock Property: Tract of land in Round Rock North Industrial Business park and Tract of land in Commerce Cove Addition Dear Mr. Nyle Maxwell: I have enclosed the revised Title Commitment reflecting easements and encroachments on survey. Also enclosed is a survey for your review. If you have any questions please feel free to contact me at the number above. Sincerely, ��. )nn kc Kirn Smyt Escrow Officer Commonwealth Land Title ksmyth @landam.com k-0110-10- /31)Y ISSUED BY COMMONWEALTH LAND TITLE INSURANCE COMPANY COMMITMENT FOR TITLE INSURANCE Commonwealth THE FOLLOWING COMMITMENT FOR TITLE INSURANCE IS NOT VALID UNLESS YOUR NAME AND THE POLICY AMOUNT ARE SHOWN IN SCHEDULE A AND OUR AUTHORIZED REPRESENTATIVE HAS COUNTERSIGNED BELOW. We Commonwealth Land Title Insurance Company will issue our title insurance policy or policies (the Policy) to You (the proposed insured) upon payment of the premium and other charges due, and compliance with the requirements in Schedule B and Schedule C. Our Policy will be in the form approved by the Texas Department of Insurance at the date of issuance, and will insure your interest in the land described in Schedule A. The estimated premium for our Policy and applicable endorsements is shown on Schedule D. There may be additional charges such as recording fees, and expedited delivery expenses. This Commitment ends ninety (90) days from the effective date, unless the Policy is issued sooner, or failure to issue the Policy is our fault. Our liability and obligations to you are under the express terms of this Commitment and end when this Commitment expires. IN WITNESS WHEREOF, COMMONWEALTH LAND TITLE INSURANCE COMPANY has caused this commitment to be signed as of the effective date of commitment as shown in Schedule A, the commitment to become valid and binding only When countersigned by an authorized signatory. COMMONWEALTH LAND TITLE COMPANY OF AUSTIN 20 Chisholm Trail Round Rock, Texas 78681 Agent for: Dated: Countersigned: By: Aulhonzed Officer or Agent Commitment for Title Insurance - T - Page One - Texas (Rev. 10 -1 -97) Form 1177 -18 A LANDAMERICA COMPANY COMMONWEALTH LAND TITLE INSURANCE COMPANY ORIGINAL By: Attest: President Secretary LANDAMERICA Dear LandAmerica Customer: PRIVACY POLICY NOTICE The Financial Services Modemization Act recently enacted by Congress has brought many changes to the financial services industry, which includes insurance companies and their agents. One of the changes is that we are now required to explain to our customers the ways in which we collect and use customer information. The statement attached to or on the reverse side of this letter is the privacy policy of the LandAmerica family of companies. The three largest members of the family — Commonwealth Land Title Insurance Company, Lawyers Title Insurance Corporation, and Transnation Title Insurance Company — may issue policies and handle real estate closings in virtually every part of the country. A number of other companies in the family provide other real estate services, and some operate more Locally. You may review a list of LandAmerica companies on our website (www.landam.com). You may also visit our website for an explanation of our privacy practices relating to electronic communication. Our concern with the protection of your information has been a part of our business since 1876, when the company that is now Commonwealth Land Title Insurance Company issued its first policy. We will continue to protect the privacy, accuracy, and security of customer information given to us. No response to this notice is required, but if you have questions, please write to us: FORM 3391 - 6 (May 2001) LandAmerica Privacy P.O. Box 27567 Richmond, VA 23261 -7567. LandAmerica Companies Title Insurance Companies: Commonwealth Land Title Insurance Company, Commonwealth Land Title Insurance Company of New Jersey, Industrial Valley Title Insurance Company, Land Title Insurance Company. Lawyers Title Insurance Corporation, Title Insurance Company of America, Transnation Title Insurance Company, Transnation Title Insurance Company of New York Relocation and Mortgages: Commonwealth Relocation Services, CRS Financial Services, Inc., LandAmerica Account Servicing, Inc. Title Agents: Austin Title Company, ATACO, Inc., Albuquerque Title Company, Atlantic Title & Abstract Company, Brighton Title Services Company, Capitol City Title Services, Inc., CFS Title Insurance Agency, Charleston Title Agency; Charter Title Company of Fort Bend, Galveston, and Sugarland; Commercial Settlements, Inc., Commonwealth Land Title Company; Commonwealth Land Title Company of Austin, Dallas, Fort Worth, Houston, Washington, Congress Abstract Corp., Cornerstone Residential Title, Cumberland Title Company, First Title & Escrow, Inc., Gulf Atlantic, Harbour Title, HL Title Agency, Lawyers Title Company; Lawyers Title of Arizona, El Paso, Galveston, Nevada, Pueblo, San Antonio, Lawyers Title Settlement Company, Lion Abstract, Longworth Insured, Louisville Title Agency of Central Ohio, Lorain County Title Company, M/I Title Agency, NIA/ Lawyers Title Agency, Oregon Title, Park Title, Partners Title Company, Pikes Peak Title Services, RE/Affirm Title Agency, Rainier Title Company, Residential Abstract, Residential Title, Rio Rancho Title, Texas Title Company, Title Transfer Service, Inc., TransOhio Residential Title Agency, Transnation Title & Escrow, Union Title Agency, University Title Services, Wilson Title Company Appraisals and Ancillary Services.: LandAmerica OneStop, Inc. Effective Date: October 10, 2002 at 8 A.M. G.F. No. 138103RR Commitment No. (none), issued November 19, 2002 1. The policy or policies to be issued are: (a) OWNER POLICY OF TITLE INSURANCE (Form T -1) (Not applicable for improved one -to -four family residential real estate) Policy Amount: $ PROPOSED INSURED: (b) TEXAS RESIDENTIAL OWNER POLICY OF TITLE INSURANCE -- ONE -TO -FOUR FAMILY RESIDENCES (Form T -1R) (c) MORTGAGEE POLICY OF TITLE INSURANCE (Form T -2) (d) TEXAS SHORT FORM RESIDENTIAL MORTGAGEE POLICY OF TITLE INSURANCE (Form T -2R) (e) MORTGAGEE TITLE POLICY BINDER ON INTERIM CONSTRUCTION LOAN (Form T -13) (f) Other: Policy Amount: $ PROPOSED INSURED: Policy Amount: $ 700,000.00 PROPOSED INSURED: CITY OF ROUND ROCK Policy Amount: $ PROPOSED INSURED: Proposed Borrower: CITY OF ROUND ROCK Proposed Borrower: Binder Amount: PROPOSED INSURED: Proposed Borrower: SCHEDULE A Policy Amount: $.00 PROPOSED INSURED: .00 Schedule A (Rev. 4/4/02) - Promulgated Page 2 Commitment for Title Insurance Valid Only If Schedules B, C, D Form T -7 (Cltic 991) - Sheet 1 And Cover Page Are Attached 2. The interest in the land covered by this Commitment is: Fee Simple Title 3. Record title to the land on the Effective Date appears to be vested in: ROUND ROCK NORTH PARTNERSHIP, A TEXAS GENERAL PARTNERSHIP 4. Legal description of land: Being 2.8920 acres of land, more or less, out of the DAVID CURRY SURVEY, ABSTRACT NO. 130, in Williamson County, Texas, being Lot 7, Block 7, ROUND ROCK NORTH INDUSTRIAL BUSINESS PARK, SECTION FIVE, as recorded in Cabinet D, Slide(s) 296, Plat Records, Williamson County, Texas, and Lot 1, Block A, COMMERCE COVE ADDITION, as recorded in Cabinet V, Slide(s) 144, Plat Records, Williamson County, Texas. Schedule A (Rev. 4/4/02) - Promulgated Page 2 Commitment for Title Insurance Valid Only If Schedules B, C, D Form T -7 (Cltic 991) - Sheet 2 And Cover Page Are Attached SCHEDULE B Commitment No. G.F. No. 138103RR EXCEPTIONS FROM COVERAGE In addition to the Exclusions and Conditions and Stipulations, your Policy will not cover loss, costs, attorney's fees, and expenses resulting from: 1. The following restrictive covenants of record itemized below (We must either insert specific recording data or delete this exception): Volume 713, Page 903, Deed Records, Cabinet D, Slide 296, Plat Records of Williamson County, Texas (Tract One); Volume 787, Page 154, Deed Records, Volume 966, Page 125, Official Records, Cabinet V, Slide 144, of the Plat Records of Williamson County, Texas (Tract Two). (Deleting therefrom any restrictions indicating any preference, limitation, or discrimination based on race, color, religion, sex, handicap, familial status, or national origin.) 2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments or protrusions, or any overlapping of improvements. 3. Homestead or community property or survivorship rights, if any of any spouse of any insured. (Applies to the Owner Policy only.) 4. Any titles or rights asserted by anyone, including, but not limited to, persons, the public, corporations, governments or other entities, a. to tidelands, or lands comprising the shores or beds of navigable or perennial rivers and streams, lakes, bays, gulfs or oceans, or b. to lands beyond the line of the harbor or bulkhead lines as established or changed by any government, or c. to filled -in lands, or artificial islands, or d. to statutory water rights, including riparian rights, or e. to the area extending from the line of mean low tide to the line of vegetation, or the rights of access to that area or easement along and across that area. (Applies to the Owner Policy only.) 5. Standby fees, taxes and assessments by any taxing authority for the year 2002, and subsequent years; and subsequent taxes and assessments by any taxing authority for prior years due to change in land usage or ownership, but not those taxes or assessments for prior years because of an exemption granted to a previous owner of the property under Section 11.13, Texas Tax Code, or because of improvements not assessed for a previous tax year. (If Texas Short Form Residential Mortgagee Policy of Title Insurance (T -2R) is issued, that policy will substitute "which become due and payable subsequent to Date of Policy" in lieu of "for the year and subsequent years. ") 6. The terms and conditions of the documents creating your interest in Schedule B (Rev. 4/4/02) - Promulgated Page 3 Commitment for Title Insurance Valid Only If Schedules A, C, D Form T -7 (Cltic 991) - Sheet 3 And Cover Page Are Attached the land. 7. Materials furnished or labor performed in connection with planned construction before signing and delivering the lien document described in Schedule A, if the land is part of the homestead of the owner. (Applies to the Mortgagee Title Policy Binder on Interim Construction Loan only, and may be deleted if satisfactory evidence is provided to us before a binder is issued.) 8. Liens and leases that affect the title to the land, but that are subordinate to the lien of the insured mortgage. (Mortgagee Policy only) 9. The Exceptions from Coverage and Express Insurance in Schedule B of the Texas Short Form Residential Mortagee Policy of Title Insurance (T -2R). (Applies to Texas Short Form Residential Mortgagee Policy of Title Insurance (T -2R) only. Separate exceptions 1 through 8 of this Schedule B do not apply to the Texas Short Form Residential Mortgagee Policy of Title Insurance (T -2R). 10. The following matters and all terms of the documents creating or offering evidence of the matters (We must insert matters or delete this exception.): a. Easements, or claims of easements, which are not recorded in the public records. b. The following, all according to plat recorded in Cabinet D, Slide 296, of the Plat Records of Williamson County, Texas: An easement seven and one -half (7.5) feet in width along the east property line(s) of Lot 7, for use of public utilities. An easement fifteen (15) feet in width along the rear property line(s) of Lot 7, for use of public utilities; c. The following, all according to plat recorded in Cabinet V, Slide 144, of the Plat Records of Williamson County, Texas: An easement twenty (20) feet in width along the rear property line(s) of Lot 1, for use of public utilities and right of way. An easement fifteen (15) feet in width for public utilities dedicated adjacent to all property lines of Lot 1. d. Electrical distribution line easement to Texas Power & Light Company, dated December 13, 1983, executed by Tom E. Nelson, Jr., recorded in Volume 966, Page 125, of the Official Records of Williamson County, Texas. e. Property lies within Brushy Creek Water Control and Improvement District No. 1 which has taxing authority. Schedule B (Rev. 4/4/02) - Promulgated Page 3 Commitment for Title Insurance Valid Only If Schedules A, C, D Form T -7 (Cltic 991) - Sheet 4 And Cover Page Are Attached f. Location of improvements over 15 foot building line along the easterly side lot line of Lot 7, as shown on survey dated October 25, 2002, by Herman Crichton, Registered Professional Land Surveyor # 4046. Rights of parties in possession. (Owner Title Policy only) B. Schedule B (Rev. 4/4/02) - Promulgated Page 3 Commitment for Title Insurance Valid Only If Schedules A, C, D Form T -7 (Cltic 991) - Sheet 5 And Cover Page Are Attached SCHEDULE C Commitment No. G.F. No. 138103RR Your Policy will not cover loss, costs, attorneys fees, and expenses resulting from the following requirements that will appear as Exceptions in Schedule B of the Policy, unless you dispose of these matters to our satisfaction, before the date the Policy is issued: 1. Documents creating your title or interest must be approved by us and must be signed, notarized and filed for record. 2. Satisfactory evidence must be provided that: no person occupying the land claims any interest in that land against the persons named in paragraph 3 of Schedule A, all standby fees, taxes, assessments and charges against the property have been paid, all improvements or repairs to the property are completed and accepted by the owner, and that all contractors, sub - contractors, laborers and suppliers have been fully paid, and that no mechanic's, laborer's or materialmen's liens have attached to the property, there is legal right of access to and from the land, (on a Mortgagee Policy only) restrictions have not been and will not be violated that affect the validity and priority of the insured mortgage. 3. You must pay the seller or borrower the agreed amount for your property or interest. 4. Any defect, lien or other matter that may affect title to the land or interest insured, that arises or is filed after the effective date of this Commitment. 5. Satisfaction and release of the following outstanding lien(s): a. Deed of Trust dated May 24, 2001, executed by Round Rock North Partnership, a Texas General Partnership to Robert F. DuBois III, Trustee, filed for record in the Office of the County Clerk of Williamson County, Texas, on June 8, 2001, under Instrument File Number 2001040633, securing FIRSTAR BANK, N.A. in the payment of one note of even date therewith in the principal sum of $380,000.00, due and payable and bearing interest as therein provided; and all the terms, conditions and stipulations contained therein, including, but not limited to, any additional indebtedness, if any, secured by said instrument. 6. Satisfactory evidence of access having been furnished to Company, the policy to be issued will not contain an access exception. Schedule C (Rev. 4/4/02) - Promulgated Page 4 Commitment for Title Insurance Valid Only If Schedules A, B, D Form T -7 (Cltic 991) - Sheet 6 And Cover Page Are Attached 7. Company requires a copy of the Round Rock North Partnership partnership agreement to determine who has authority to act for the partnership. 8. Company requires verification from the Office of the Secretary of State of Texas that the Certificate of Limited Partnership for Round Rock North Partnership is properly filed. 9. Subject property is located in the following District: Brushy Creek Water Control and Improvement District No. 1. Verify that all assessments have been paid. Secure the signatures of Seller and Buyer to form entitled "Notice to Purchasers of Real Property" (System Form 090). IN ADDITION TO the requirements set forth in Schedule C of the enclosed Commitment, the following requirements must be met by the Settlement Agent prior to policy issuance: 1. A properly completed Affidavit as to Debts and Liens, executed by Seller; 2. A properly completed Waiver of Inspection, executed by proposed insured, for each Owner Policy requested. 3. A properly completed Owner Policy Rejection, executed by purchaser, for each residential sale in which a Mortgagee Policy is to be issued, but no Owner Policy. 4. Proof of payment of all taxes due and owing at the time of settlement, in a form acceptable to Commonwealth. 5. PRIOR TO CLOSING, you must request from Commonwealth a "downdated" Commitment for Title Insurance with an "Effective Date" of no more than five (5) days prior to your anticipated closing. COMMONWEALTH D TITLE COMPANY OF AUSTIN By: Autho. *'ed Countersignature Schedule C (Rev. 4/4/02) - Promulgated Page 4 Commitment for Title Insurance Valid Only If Schedules A, B, D Form T -7 (Cltic 991) - Sheet 7 And Cover Page Are Attached 1. Commonwealth Land Title Insurance Company is a wholly owned subsidiary of LandAmerica Financial Group, Inc., a Virginia Corporation whose securities are publicly traded on the New York Stock Exchange. Commonwealth Land Title Insurance Company's officers and directors at December 31, 2001 are as follows: Charles H. Foster, Jr., Chairman & Chief Executive Officer Janet A. Alpert, President Ronald B. Ramos, Treasurer Wm. Chadwick Perrine, Secretary Kenneth Astheimer, Executive Vice President John M. Carter, Executive Vice President Theodore L. Chandler, Jr., Senior Executive Vice President G. William Evans, Executive Vice President Russell W. Jordan, III, Executive Vice President Janet A. Alpert Theodore L. Chandler, Jr. G. William Evans Charles H. Foster, Jr. SCHEDULE D OFFICERS DIRECTORS David W. Koshork, Executive Vice President John M. Obzud, Executive Vice President Karen L. Schmidt, Executive Vice President Jeffrey C. Selby, Executive Vice President Donald C. Weigel„ Executive Vice President Stephen P. Veltri, Executive Vice President Jeffrey D. Vaughan, Executive Vice President Russell W. Jordan, III John P. Rapp Jeffrey C. Selby 2. You are entitled to receive advance disclosure of settlement charges in connection with the proposed transaction to which this commitment relates. Upon your request, such disclosure will be made to you. Additionally, the name of any person, firm or corporation receiving any sum from the settlement of this transaction will be disclosed on the closing or settlement statement. You are further advised that the estimated title premium* is: Owners Policy $ 4,760.00 Mortgagee Policy $ 100.00 Endorsement Charges $ 75.00 Total $ 4,935.00 Of this amount: 15.00% will be paid to the policy issuing Title Insurance Company; 85.00% will be retained by the issuing Title Insurance Agent; and the remainder of the estimated premium will be paid to other parties as follows: $ to for $ to for Schedule D (Rev. 4/4/02) - Promulgated Page 5 Commitment for Title Insurance Valid Only If Schedules A, B, C Form T -7 (Clitc 991) - Sheet 8 And Cover Page Are Attached *The estimated premium is based upon information furnished to us as of the date of this Commitment for Title Insurance. Final determination of the amount of the premium will be made at closing in accordance with the Rules and Regulations adopted by the State Board of Insurance. 3. The following disclosures are made by the Title Insurance Agent issuing this Commitment: Commonwealth Land Title Company of Austin is a wholly owned subsidiary of Commonwealth Land Title Insurance Company. Commonwealth Land Title Company of Austin officers at December 31, 2001 were as follows: Lori Naylor, President Susan Graham, Executive Vice President Laura Brookshire, Vice President David M. Parnell, Vice President Kathy Tice, Secretary DIRECTORS: Stephen P. Veltri Lloyd Draper Lori Naylor Schedule D (Rev. 4/4/02) - Promulgated Page 5 Commitment for Title Insurance Valid Only If Schedules A, B, C Form T -7 (Clitc 991) - Sheet 9 And Cover Page Are Attached TEXAS TITLE INSURANCE INFORMATION Your Commitment for Title Insurance is a legal contract between you and us. The Commitment is not an opinion or report of your title. It is a contract to issue you a policy subject to the Commitment's terms and requirements. Before issuing a Commitment for Title Insurance (the Commitment) or a Title Insurance Policy (the Policy), the Title Insurance Company (the Company) determines whether the title is insurable. This determination has already been made. Part of that determination involves the Company's decision to insure the title except for certain risks that will not be covered by the Policy. Some of these risks are listed in Schedule B of the attached Commitment as Exceptions. Other risks are stated in the Policy as Exclusions. These risks will not be covered by the Policy. Another part of the determination involves whether the promise to insure is conditioned upon certain requirements being met. Schedule C of the Commitment lists these requirements that must be satisfied or the Company will refuse to cover them. You may want to discuss any matters shown in Schedules B and C of the Commitment with an attorney. These matters will affect your title and your use of the land. When your Policy is issued, the coverage will be limited by the Policy's Exceptions, Exclusions and Conditions, defined below. - EXCEPTIONS are the title risks that a Policy generally covers but does not cover in a particular instance. Exceptions are shown on Schedule B or discussed in schedule C of the Commitment. They can also be added if you do not comply with the Conditions section of the Commitment. When the Policy is issued, all exceptions will be on Schedule B of the Policy. - EXCLUSIONS are title risks that a Policy generally does not cover. Exclusions are contained in the Policy but not shown or discussed in the Commitment. - CONDITIONS are additional provisions that qualify or limit your coverage. Conditions include your responsibilities and those of the Company. They are contained in the Policy but not shown or discussed in the Commitment. The Policy Conditions are not the same as the Commitment Conditions. Title insurance insures you El seguro de titulo le asegura en against loss resulting from relacion a perdidas resultantes de certain risks to your title. ciertos riesgos que puenden afectar el titulo de su propiedad. The Commitment for Title Insurance is the title insurance company's El Compromiso para Seguro de Titulo promise to issue the title es la promesa de la compania insurance policy. The Commitment aseguradora de titulos de emitir la is a legal document. You should poliza de seguro de titulo. E1 review it carefully to completely Compromiso es un documento legal. understand it before your closing Usted debe leerlo cuidadosamente y date. entenderlo completamcnte antes de la fecha para finalizar su transaccion. TEXAS TITLE INSURANCE INFORMATION Your Commitment for Title Insurance is a legal contract between you and us. The Commitment is not an opinion or report of your title. It is a contract to issue you a policy subject to the Commitment's terms and requirements. Before issuing a Commitment for Title Insurance (the Commitment) or a Title Insurance Policy (the Policy), the Title Insurance Company (the Company) determines whether the title is insurable. This determination has already been made. Part of that determination involves the Company's decision to insure the title except for certain risks that will not be covered by the Policy. Some of these risks are listed in Schedule B of the attached Commitment as Exceptions. Other risks are stated in the Policy as Exclusions. These risks will not be covered by the Policy. Another part of the determination involves whether the promise to insure is conditioned upon certain requirements being met. Schedule C of the Commitment lists these requirements that must be satisfied or the Company will refuse to cover them. You may want to discuss any matters shown in Schedules B and C of the Commitment with an attorney. These matters will affect your title and your use of the land. When your Policy is issued, the coverage will be limited by the Policy's Exceptions, Exclusions and Conditions, defined below. - EXCEPTIONS are the title risks that a Policy generally covers but does not cover in a particular instance. Exceptions are shown on Schedule B or discussed in schedule C of the Commitment. They can also be added if you do not comply with the Conditions section of the Commitment. When the Policy is issued, all exceptions will be on Schedule B of the Policy. - EXCLUSIONS are title risks that a Policy generally does not cover. Exclusions are contained in the Policy but not shown or discussed in the Commitment. - CONDITIONS are additional provisions that qualify or limit your coverage. Conditions include your responsibilities and those of the Company. They are contained in the Policy but not shown or discussed in the Commitment. The Policy Conditions are not the same as the Commitment Conditions. You can get a copy of the policy form approved by the state Board of Insurance by calling the Title Insurance Company at 1 -800- 925 -0965 or by calling the title insurance agent that issued the Commitment. The State Board of Insurance may revise the policy form from time to time. You can also get a brochure that explains the policy from the Texas Department of Insurance by calling 1- 800 - 252 -3439. Before the Policy is issued, you may request changes in the policy. Some of the changes to consider are: - Request amendment of the area and boundary" exception (Schedule B, paragraph 2). To get this amendment, you must furnish a survey and comply with other requirements of the Company. On the Owner Policy, you must pay an additional premium for the amendment. If the survey is acceptable to the Company and if the Company's other requirements are met, your Policy will insure you against loss because of discrepancies or conflicts in boundary lines, encroachments or protrusions, or overlapping of improvements. The Company may then decide not to insure against specific boundary or survey problems by making special exceptions in the Policy. Whether or not you request amendment of the area and boundary" exception, you should determine whether you want to purchase and review a survey if a survey is not being provided to you. - Allow the Company to add an exception to "rights of parties in possession." If you refuse this exception, the Company or the title insurance agent may inspect the property. The Company may except to and not insure you against the rights of specific persons, such as renters, adverse owners or easement holders who occupy the land. The Company may charge you for the inspection. If you want to make your own inspection, you must sign a Waiver of Inspection form and allow the Company to add this exception to your Policy. The entire premium for a Policy must be paid when the Policy is issued. You will not owe any additional premiums unless you want to increase your coverage at a later date and the Company agrees to add an Increased Value Endorsement. IMPORTANT NOTICE FOR INFORMATION OR, TO MAKE A COMPLAINT CALL OUR TOLL -FREE TELEPHONE NUMBER 1- 800 - 925 -0965 ALSO YOU MAY CONTACT THE TEXAS DEPARTMENT OF INSURANCE AT 1- 800 - 252 -3439 to obtain in formation on: 1. filing a complaint against an insurance company or agent, 2. whether an insurance company or agent is licensed, 3. complaints received against an insurance company or agent, 4. policyholder rights, and 5. a list of consumer publications and services available through the Department. YOU MAY ALSO WRITE TO THE TEXAS DEPARTMENT OF INSURANCE P. O. BOX 149104 AUSTIN, TEXAS 78714 -9104 FAX NO. (512) 475 -1771 ADVISO IMPORTANTE PARA INFORMACION, 0 PARA SOMETER UNA OUEJA LLAME AL NUMERO GRATIS 1 -800- 925 -0965 TAMBIEN PUEDE COMMUNICARSE CON EL DEPARTAMENTO DE SEGUROS DE TEXAS AL 1- 800 - 252 -3439 para obtener informacion sobre: 1. como someter una queja en contra de una compania de seguros o agente de seguros, 2. si una compania de seguros o agente de seguros tiene licencia, 3. quejas recibidas en contra de una compania de seguros o agente de seguors, 4. los derechos del asegurado, y 5. una lista de publicaciones y servicios para consumidores disponibles a traves del Departamento. TAMBIEN PUEDE ESCRIBIR AL DEPARTAMENTO DE SEGUROS DE TEXAS P. 0. BOX 149104 AUSTIN, TEXAS 78714 -9104 FAX NO. (512) 475 -1771 G.F. No. 138103RR DELETION OF ARBITRATION PROVISION (Not applicable to the Texas Residential Owner Policy) ARBITRATION is a common form of alternative dispute resolution. It can be a quicker and cheaper means to settle a dispute with our Title Insurance Company. However, if you agree to arbitrate, you give up your right to take the Title Company to court and your rights to discovery of evidence may be limited in the arbitration process. In addition, you cannot usually appeal an arbitrator's award. Your policy contains an arbitration provision (shown below). It allows you or the Company to require arbitration if the amount of insurance is $1,000,000 or 1s. If you want to retain your right to sue the Company in case of a dispute over a claim, you must request deletion of the arbitration provision before the policy is issued. You can do this by signing this form and returning it to the Company at or before the closing of your real estate transaction or by writing to the Company. The Arbitration provision in the Policy is as follows: "Unless prohibited by applicable law or unless this arbitration section is deleted by specific provision in Schedule B of this policy, either the Company or the Insured by demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Insured arising out of or relating to this Policy, and service of the Company in connection with its issuance or the breach of a policy provision or other obligation. All arbitrable matters when the Amount of Insurance is $1,000,000 or less SHALL BE arbitrated at the request of either the Company or the Insured, unless the insured is an individual person (as distinguished from a corporation, trust, partnership, association or other legal entity). All arbitrable matters when the Amount of Insurance is in excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and the Insured. Arbitration pursuant to this Policy and under the Rules in effect on the date the demand for arbitration is made or, at the option of the Insured, the rules in effect at the Date of Policy shall be binding upon the parties. The award may include attorney's fees only if the laws of the state in which the land is located permit a court to award attorney's fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request." I request deletion of the Arbitration provision. SIGNATURE DATE GF# 138103RR CoNAIONWEu;iH LAND TITLE COMPANY OF AUSTIN 20 Chisholm Trail I Round Rock, 7X78681 1 512-238-8999 1 lax 512 238 -1622 Commonwealth October 28, 2002 City of Round Rock Attn: Nyle Maxwell, Mayor 221 E. Main Street Round Rock, TX 78664 Dear Mr. Nyle Maxwell: On behalf of the referenced seller, and pursuant to Paragraph 6A of the contract of sale, we have mailed a copy of the enclosed Commitment for Title Insurance to the buyer. A copy of this Commitment has also been mailed to all applicable parties. We are pleased to be handling this transaction for you, and look forward to seeing you at closing, If you have any questions, please call the number above. Sincerely, 1 S m +k --Im Kim Smyth Escrow Officer Commonwealth Land Title ksmyth @landam.com -� - /U /e- J3[) a RECFIVrD NOV 012002 THE FOLLOWING COMMITMENT FOR TITLE INSURANCE IS NOT VALID UNLESS YOUR NAME AND THE POLICY AMOUNT ARE SHOWN IN SCHEDULE A, AND OUR AUTHORIZED REPRESENTATIVE HAS COUNTERSIGNED BELOW. We Commonwealth Land Title Insurance Company will issue our title insurance policy or policies (the Policy) to You (the proposed insured) upon payment of the premium and other charges due, and compliance with the requirements in Schedule B and Schedule C. Our Policy will be in the form approved by the Texas Department of Insurance at the date of issuance, and will insure your interest in the land described in Schedule A. The estimated premium for our Policy and applicable endorsements is shown on Schedule D. There may be additional charges such as recording fees, and expedited delivery expenses. This Commitment ends ninety (90) days from the effective date, unless the Policy is issued sooner, or failure to issue the Policy is our fault. Our liability and obligations to you are under the express terms of this Commitment and end when this Commitment expires. IN WITNESS WHEREOF, COMMONWEALTH LAND TITLE INSURANCE COMPANY has caused this commitment to be signed as of the effective date of commitment as shown in Schedule A, the commitment to become valid and binding only when countersigned by an authorized signatory. COMMONWEALTH LAND TITLE COMPANY OF AUSTIN 20 Chisholm Trail Round Rock, Texas 78681 Dated: Countersigned: By: ISSUED By COMMONWEALTH LAND TITLE INSURANCE COMPANY Commonwealth Agent for: A LANDAMENCA COMPANY Authorized Officer or Agent COMMITMENT FOR TITLE INSURANCE COMMONWEALTH LAND TITLE INSURANCE COMPANY By: Attest: President Secretary Commitment for Title Insurance - T -7 Page One - Texas (Rev. 10 -1 -97) Form 1177 -18 ORIGINAL Effective Date: October 10, 2002 at 8 A.M. G.F. No. 138103RR Commitment No. (none), issued October 22, 2002 1. The policy or policies to be issued are: (a) OWNER POLICY OF TITLE INSURANCE (Form T -1) (Not applicable for improved one -to -four family residential real estate) Policy Amount: $ PROPOSED INSURED: (b) TEXAS RESIDENTIAL OWNER POLICY OF TITLE INSURANCE -- ONE -TO -FOUR FAMILY RESIDENCES (Form T -1R) Policy Amount: $ 700,000.00 PROPOSED INSURED: CITY OF ROUND ROCK (c) MORTGAGEE POLICY OF TITLE INSURANCE (Form T -2) Policy Amount: $ PROPOSED INSURED: Proposed Borrower: CITY OF ROUND ROCK (d) TEXAS SHORT FORM RESIDENTIAL MORTGAGEE POLICY OF TITLE INSURANCE (Form T -2R) Policy Amount: $ PROPOSED INSURED: Proposed Borrower: (e) MORTGAGEE TITLE POLICY BINDER ON INTERIM CONSTRUCTION LOAN (Form T -13) Binder Amount: $ PROPOSED INSURED: Proposed Borrower: SCHEDULE' A (f) Other: Policy Amount: $.00 PROPOSED INSURED: .00 Schedule A (Rev. 4/4/02) - Promulgated Page 2 Commitment for Title Insurance Valid Only If Schedules B, C, D Form T -7 (Cltic 991) - Sheet 1 And Cover Page Are Attached 2. The interest in the land covered by this Commitment is: Fee Simple Title 3. Record title to the land on the Effective Date appears to be vested in: ROUND ROCK NORTH PARTNERSHIP, A TEXAS GENERAL PARTNERSHIP 4. Legal description of land: TRACT ONE: Lot Seven (7), Block "7 ", ROUND ROCK NORTH INDUSTRIAL BUSINESS PARK, SECTION FIVE, a subdivision in Williamson County, Texas, according to the map or plat of record in Cabinet D, Slide 296, Plat Records of Williamson County, Texas. TRACT TWO: Lot One (1), Block "A ", COMMERCE COVE ADDITION, a subdivision in Williamson County, Texas, according to the map or plat of record in Cabinet V, Slide 144, Plat Records of Williamson County, Texas, SAVE AND EXCEPT that portion of the 50' radius right -of -way dedicated as shown on plat. Schedule A (Rev. 4/4/02) - Promulgated Page 2 Commitment for Title Insurance Valid Only If Schedules B, C, D Form T -7 (Cltic 991) - Sheet 2 And Cover Page Are Attached SCHEDULE' B Commitment No. G.F. No. 138103RR EXCEPTIONS FROM COVERAGE In addition to the Exclusions and Conditions and Stipulations, your Policy will not cover loss, costs, attorney's fees, and expenses resulting from: 1. The following restrictive covenants of record itemized below (We must either insert specific recording data or delete this exception): Volume 713, Page 903, Deed Records, Cabinet D, Slide 296, Plat Records of Williamson County, Texas (Tract One); Volume 787, Page 154, Deed Records, Volume 966, Page 125, Official Records, Cabinet V, Slide 144, of the Plat Records of Williamson County, Texas (Tract Two). (Deleting therefrom any restrictions indicating any preference, limitation, or discrimination based on race, color, religion, sex, handicap, familial status, or national origin.) 2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments or protrusions, or any overlapping of improvements. 3. Homestead or community property or survivorship rights, if any of any spouse of any insured. (Applies to the Owner Policy only.) 4. Any titles or rights asserted by anyone, including, but not limited to, persons, the public, corporations, governments or other entities, a. to tidelands, or lands comprising the shores or beds of navigable or perennial rivers and streams, lakes, bays, gulfs or oceans, or b. to lands beyond the line of the harbor or bulkhead lines as established or changed by any government, or c. to filled -in lands, or artificial islands, or d. to statutory water rights, including riparian rights, or e. to the area extending from the line of mean low tide to the line of vegetation, or the rights of access to that area or easement along and across that area. (Applies to the Owner Policy only.) 5. Standby fees, taxes and assessments by any taxing authority for the year 2002, and subsequent years; and subsequent taxes and assessments by any taxing authority for prior years due to change in land usage or ownership, but not those taxes or assessments for prior years because of an exemption granted to a previous owner of the property under Section 11.13, Texas Tax Code, or because of improvements not assessed for a previous tax year. (If Texas Short Form Residential Mortgagee Policy of Title Insurance (T -2R) is issued, that policy will substitute "which become due and payable subsequent to Date of Policy" in lieu of "for the year and subsequent years. ") 6. The terms and conditions of the documents creating your interest in Schedule B (Rev. 4/4/02) - Promulgated Page 3 Commitment for Title Insurance Valid Only If Schedules A, C, D Form T -7 (Cltic 991) - Sheet 3 And Cover Page Are Attached the land. 7. Materials furnished or labor performed in connection with planned construction before signing and delivering the lien document described in Schedule A, if the land is part of the homestead of the owner. (Applies to the Mortgagee Title Policy Binder on Interim Construction Loan only, and may be deleted if satisfactory evidence is provided to us before a binder is issued.) 8. Liens and leases that affect the title to the land, but that are subordinate to the lien of the insured mortgage. (Mortgagee Policy only) 9. The Exceptions from Coverage and Express Insurance in Schedule B of the Texas Short Form Residential Mortagee Policy of Title Insurance (T -2R). (Applies to Texas Short Form Residential Mortgagee Policy of Title Insurance (T -2R) only. Separate exceptions 1 through 8 of this Schedule B do not apply to the Texas Short Form Residential Mortgagee Policy of Title Insurance (T -2R). 10. The following matters and all terms of the documents creating or offering evidence of the matters (We must insert matters or delete this exception.): a. Easements, or claims of easements, which are not recorded in the public records. TRACT ONE: b. The following, all according to plat recorded in Cabinet D, Slide 296, of the Plat Records of Williamson County, Texas: An easement seven and one -half (7.5) feet in width along the east property line(s) for use of public utilities. An easement along the rear property line(s) for use of public utilities. TRACT TWO: c. The following, all according to plat recorded in Cabinet V, Slide 144, of the Plat Records of Williamson County, Texas: An easement twenty (20) feet in width along the rear property line(s) for use of public utilities and right of way. An easement fifteen (15) feet in width for public utilities dedicated adjacent to all property lines. d. Electric transmission line easement to Texas Power & Light Company, dated September 7, 1927, executed by W. A. Trusdel, recorded in Volume 244, Page 463, of the Deed Records of Williamson County, Texas. Schedule B (Rev. 4/4/02) - Promulgated Page 3 Commitment for Title Insurance Valid Only If Schedules A, C, D Form T -7 (Cltic 991) - Sheet 4 And Cover Page Are Attached e. Right of way easement to Texas Power & Light Company, dated July 5, 1928, executed by W. A. Truesdel, Sr., recorded in Volume 239, Page 55, of the Deed Records of Williamson County, Texas, and clarified by instrument recorded in Volume 649, Page 303, Deed Records, Williamson County, Texas. f. Water line easement to City of Round Rock, dated February 22, 1972, executed by Leslie M. Forsman, recorded in Volume 546, Page 476, of the Deed Records of Williamson County, Texas. Electric power line easement to Texas Power & Light Company and Southwestern Bell Telephone Company, dated January 24, 1972, executed by Leslie M. Forsman, recorded in Volume 563, Page 278, of the Deed Records of Williamson County, Texas. h. Water lines easement to City of Round Rock, dated February 10, 1978, executed by Brushy Slope Investment Corporation, recorded in Volume 699, Page 845, of the Deed Records of Williamson County, Texas. i. Electric distribution line easement to Texas Power & Light Company and Southwestern Bell Telephone Company, dated April 4, 1977, executed by Brushy Slope Investment Corporation, recorded in Volume 710, Page 102, of the Deed Records of Williamson County, Texas. Electric distribution line and telephone line easement to Texas Power & Light Company and Southwestern Bell Telephone Company, dated October 19, 1978, executed by Brushy Slope Investment Corporation, recorded in Volume 741, Page 251, of the Deed Records of Williamson County, Texas. k. Stormwater drainage and utility easement to Round Rock North Partnership, dated December 14, 2000, executed by Texas Avenue Joint Venture, recorded under File Number 2001004218 in the Official Public Records of Williamson County, Texas. 1. Electrical distribution line easement to Texas Power & Light Company, dated December 13, 1983, executed by Tom E. Nelson, Jr., recorded in Volume 966, Page 125, of the Official Records of Williamson County, Texas. m. Property lies within Brushy Creek Water Control and Improvement District No. 1 which has taxing authority. g. n. Rights of parties in possession. (Owner Title Policy only) Schedule B (Rev. 4/4/02) - Promulgated Page 3 Commitment for Title Insurance Valid Only If Schedules A, C, D Form T -7 (Cltic 991) - Sheet 5 And Cover Page Are Attached SCHEDULE' C Commitment No. G.F. No. 138103RR Your Policy will not cover loss, costs, attorneys fees, and expenses resulting from the following requirements that will appear as Exceptions in Schedule B of the Policy, unless you dispose of these matters to our satisfaction, before the date the Policy is issued: 1. Documents creating your title or interest must be approved by us and must be signed, notarized and filed for record. 2. Satisfactory evidence must be provided that: - no person occupying the land claims any interest in that land against the persons named in paragraph 3 of Schedule A, all standby fees, taxes, assessments and charges against the property have been paid, all improvements or repairs to the property are completed and accepted by the owner, and that all contractors, sub- contractors, laborers and suppliers have been fully paid, and that no mechanic's, laborer's or materialmen's liens have attached to the property, - there is legal right of access to and from the land, - (on a Mortgagee Policy only) restrictions have not been and will not be violated that affect the validity and priority of the insured mortgage. 3. You must pay the seller or borrower the agreed amount for your property or interest. 4. Any defect, lien or other matter that may affect title to the land or interest insured, that arises or is filed after the effective date of this Commitment. 5. Satisfaction and release of the following outstanding lien(s): a. Deed of Trust dated May 24, 2001, executed by Round Rock North Partnership, a Texas General Partnership to Robert F. DuBois III, Trustee, filed for record in the Office of the County Clerk of Williamson County, Texas, on June 8, 2001, under Instrument File Number 2001040633, securing FIRSTAR BANK, N.A. in the payment of one note of even date therewith in the principal sum of $380,000.00, due and payable and bearing interest as therein provided; and all the terms, conditions and stipulations contained therein, including, but not limited to, any additional indebtedness, if any, secured by said instrument. 6. Satisfactory evidence of access having been furnished to Company, the policy to be issued will not contain an access exception. Schedule C (Rev. 4/4/02) - Promulgated Page 4 Commitment for Title Insurance Valid Only If Schedules A, B, D Form T -7 (Cltic 991) - Sheet 6 And Cover Page Are Attached 7. Company requires a copy of the Round Rock North Partnership partnership agreement to determine who has authority to act for the partnership. 8. Company requires verification from the Office of the Secretary of State of Texas that the Certificate of Limited Partnership for Round Rock North Partnership is properly filed. 9. Subject property is located in the following District: Brushy Creek Water Control and Improvement District No. 1. Verify that all assessments have been paid. Secure the signatures of Seller and Buyer to form entitled "Notice to Purchasers of Real Property" (System Form 090). IN ADDITION TO the requirements set forth in Schedule C of the enclosed Commitment, the following requirements must be met by the Settlement Agent prior to policy issuance: 1. A properly completed Affidavit as to Debts and Liens, executed by, Seller; 2. A properly completed Waiver of Inspection, executed by proposed insured, for each Owner Policy requested. 3. A properly completed Owner Policy Rejection, executed by purchaser, for each residential sale in which a Mortgagee Policy is to be issued, but no Owner Policy. 4. Proof of payment of all taxes due and owing at the time of settlement, in a form acceptable to Commonwealth. 5. PRIOR TO CLOSING, you must request from Commonwealth a "downdated" Commitment for Title Insurance with an "Effective Date" of no more than five (5) days prior to your anticipated closing. COMMONWEALTH By Autho TITLE COMPANY OF AUSTIN 4Countersi 9 nature Schedule C (Rev. 4/4/02) - Promulgated Page 4 Commitment for Title Insurance Valid Only If Schedules A, B, D Form T -7 (Cltic 991) - Sheet 7 And Cover Page Are Attached SCHEDULE D 1. Commonwealth Land Title Insurance Company is a wholly owned subsidiary of LandAmerica Financial Group, Inc., a Virginia Corporation whose securities are publicly traded on the New York Stock Exchange. Commonwealth Land Title Insurance Company's officers and directors at December 31, 2001 are as follows: Charles H. Foster, Jr., Chairman & Chief Executive Officer Janet A. Alpert, President Ronald B. Ramos, Treasurer Wm. Chadwick Perrine, Secretary Kenneth Astheimer, Executive Vice President John M. Carter, Executive Vice President Theodore L. Chandler, Jr., Senior Executive Vice President G. William Evans, Executive Vice President Russell W. Jordan, III, Executive Vice President to to OFFICERS DIRECTORS David W. Koshork, Executive Vice President John M. Obzud, Executive Vice President Karen L. Schmidt, Executive Vice President Jeffrey C. Selby, Executive Vice President Donald C. Weigel„ Executive Vice President Stephen P. Veltri, Executive Vice President Jeffrey D. Vaughan, Executive Vice President Janet A. Alpert Russell W. Jordan, III Theodore L. Chandler, Jr. John P. Rapp G. William Evans Jeffrey C. Selby Charles H. Foster, Jr. 2. You are entitled to receive advance disclosure of settlement charges in connection with the proposed transaction to which this commitment relates. Upon your request, such disclosure will be made to you. Additionally, the name of any person, firm or corporation receiving any sum from the settlement of this transaction will be disclosed on the closing or settlement statement. You are further advised that the estimated title premium* is: Owners Policy $ 4,760.00 Mortgagee Policy $ 100.00 Endorsement Charges $ 75.00 Total $ 4,935.00 Of this amount: 15.00°% will be paid to the policy issuing Title Insurance Company; 85.00% will be retained by the issuing Title Insurance Agent; and the remainder of the estimated premium will be paid to other parties as follows: for for Schedule D (Rev. 4/4/02) - Promulgated Page 5 Commitment for Title Insurance Valid Only If Schedules A, B, C Form T -7 (Clitc 991) - Sheet 8 And Cover Page Are Attached *The estimated premium is based upon information furnished to us as of the date of this Commitment for Title Insurance. Final determination of the amount of the premium will be made at closing in accordance with the Rules and Regulations adopted by the State Board of Insurance. 3. The following disclosures are made by the Title Insurance Agent issuing this Commitment: Commonwealth Land Title Company of Austin is a wholly owned subsidiary of Commonwealth Land Title Insurance Company. Commonwealth Land Title Company of Austin officers at December 31, 2001 were as follows: Lori Naylor, President Susan Graham, Executive Vice President Laura Brookshire, Vice President David M. Parnell, Vice President Kathy Tice, Secretary DIRECTORS: Stephen P. Veltri Lloyd Draper Lori Naylor Schedule D (Rev. 4/4/02) - Promulgated Page 5 Commitment for Title Insurance Valid Only If Schedules A, B, C Form T -7 (Clitc 991) - Sheet 9 And Cover Page Are Attached TEXAS TITLE INSURANCE INFORMATION When your Policy is issued, the coverage will be limited by the Policy's Exceptions, Exclusions and Conditions, defined below. - EXCEPTIONS are the title risks that a Policy generally covers but does not cover in a particular instance. Exceptions are shown on Schedule B or discussed in schedule C of the Commitment. They can also be added if you do not comply with the Conditions section of the Commitment. When the Policy is issued, all exceptions will be on Schedule B of the Policy. - EXCLUSIONS are title risks that a Policy generally does not cover. Exclusions are contained in the Policy but not shown or discussed in the Commitment. Your Commitment for Title Insurance is a legal contract between you and us. The Commitment is not an opinion or report of your title. It is a contract to issue you a policy subject to the Commitment's terms and requirements. Before issuing a Commitment for Title Insurance (the Commitment) or a Title Insurance Policy (the Policy), the Title Insurance Company (the Company) determines whether the title is insurable. This determination has already been made. Part of that determination involves the Company's decision to insure the title except for certain risks that will not be covered by the Policy. Some of these risks are listed in Schedule B of the attached Commitment as Exceptions. Other risks are stated in the Policy as Exclusions. These risks will not be covered by the Policy. Another part of the determination involves whether the promise to insure is conditioned upon certain requirements being met. Schedule C of the Commitment lists these requirements that must be . satisfied or the Company will refuse to cover them. You may want to discuss any matters shown in Schedules B and C of the Commitment with an attorney. These matters will affect your title and your use of the land. - CONDITIONS are additional provisions that qualify or limit your coverage. Conditions include your responsibilities and those of the Company. They are contained in the Policy but not shown or discussed in the Commitment. The Policy Conditions are not the same as the Commitment Conditions. Title insurance insures you El seguro de titulo le asegura en against loss resulting from relacion a perdidas resultantes de certain risks to your title. ciertos riesgos que puenden afectar el titulo de su propiedad. The Commitment for Title Insurance is the title insurance company's El Compromiso para Seguro de Titulo promise to issue the title es la promesa de la compania insurance policy. The Commitment aseguradora de titulos de emitir la is a legal document. You should poliza de seguro de titulo. El review it carefully to completely Compromiso es un documento legal. understand it before your closing Usted debe leerlo cuidadosamente y date. entenderlo completamente antes de la fecha para finalizar su transaccion. TEXAS TITLE INSURANCE INFORMATION When your Policy is issued, the coverage will be limited by the Policy's Exceptions, Exclusions and Conditions, defined below. - EXCEPTIONS are the title risks that a Policy generally covers but does not cover in a particular instance. Exceptions are shown on Schedule B or discussed in schedule C of the Commitment. They can also be added if you do not comply with the Conditions section of the Commitment. When the Policy is issued, all exceptions will be on Schedule B of the Policy. - EXCLUSIONS are title risks that a Policy generally does not cover. Exclusions are contained in the Policy but not shown or discussed in the Commitment. Your Commitment for Title Insurance is a legal contract between you and us. The Commitment is not an opinion or report of your title. It is a contract to issue you a policy subject to the Commitment's terms and requirements. Before issuing a Commitment for Title Insurance (the Commitment) or a Title Insurance Policy (the Policy), the Title Insurance Company (the Company) determines whether the title is insurable. This determination has already been made. Part of that determination involves the Company's decision to insure the title except for certain risks that will not be covered by the Policy. Some of these risks are listed in Schedule B of the attached Commitment as Exceptions. Other risks are stated in the Policy as Exclusions. These risks will not be covered by the Policy. Another part of the determination involves whether the promise to insure is conditioned upon certain requirements being met. Schedule C of the Commitment lists these requirements that must be . satisfied or the Company will refuse to cover them. You may want to discuss any matters shown in Schedules B and C of the Commitment with an attorney. These matters will affect your title and your use of the land. - CONDITIONS are additional provisions that qualify or limit your coverage. Conditions include your responsibilities and those of the Company. They are contained in the Policy but not shown or discussed in the Commitment. The Policy Conditions are not the same as the Commitment Conditions. You can get a copy of the policy form approved by the state Board of Insurance by calling the Title Insurance Company at 1- 800 - 925 -0965 or by calling the title insurance agent that issued the Commitment. The State Board of Insurance may revise the policy form from time to time. You can also get a brochure that explains the policy from the Texas Department of Insurance by calling 1- 800 - 252 -3439. Before the Policy is issued, you may request changes in the policy. Some of the changes to consider are: - Request amendment of the area and boundary" exception (Schedule B, paragraph 2). To get this amendment, you must furnish a survey and comply with other requirements of the Company. On the Owner Policy, you must pay an additional premium for the amendment. If the survey is acceptable to the Company and if the Company's other requirements are met, your Policy will insure you against loss because of discrepancies or conflicts in boundary lines, encroachments or protrusions, or overlapping of improvements. The Company may then decide not to insure against specific boundary or survey problems by making special exceptions in the Policy. Whether or not you request amendment of the "area and boundary" exception, you should determine whether you want to purchase and review a survey if a survey is not being provided to you. - Allow the Company to add an exception to "rights of parties in possession." If you refuse this exception, the Company or the title insurance agent may inspect the property. The Company may except to and not insure you against the rights of specific persons, such as renters, adverse owners or easement holders who occupy the land. The Company may charge you for the inspection. If you want to make your own inspection, you must sign a Waiver of Inspection form and allow the Company to add this exception to your Policy. The entire premium for a Policy must be paid when the Policy is issued. You will not owe any additional premiums unless you want to increase your coverage at a later date and the Company agrees to add an Increased Value Endorsement. IMPORTANT NOTICE FOR INFORMATION OR, TO MAKE A COMPLAINT CALL OUR TOLL -FREE TELEPHONE NUMBER 1 -800- 925 -0965 ALSO YOU MAY CONTACT THE TEXAS DEPARTMENT OF INSURANCE AT 1- 800- 252 -3439 to obtain in formation on: 1. filing a complaint against an insurance company or agent, 2. whether an insurance company or agent is licensed, 3. complaints received against an insurance company or agent, 4. policyholder rights, and 5. a list of consumer publications and services available through the Department. YOU MAY ALSO WRITE TO THE TEXAS DEPARTMENT OF INSURANCE P. 0. BOX 149104 AUSTIN, TEXAS 78714 -9104 FAX NO. (512) 475 -1771 ADVISO IMPORTANTE PARA INFORMACION, 0 PARA SOMETER UNA OUEJA LLAME AL NUMERO GRATIS 1 -800- 925 -0965 TAMBIEN PUEDE COMMUNICARSE CON EL DEPARTAMENTO DE SEGUROS DE TEXAS AL 1- 800 - 252 -3439 para obtener informacion sobre: 1. como someter una queja en contra de una compania de seguros o agente de seguros, 2. si una compania de seguros o agente de seguros tiene licencia, 3. quejas recibidas en contra de una compania de seguros o agente de seguors, 4. los derechos del asegurado, y 5. una lista de publicaciones y servicios para consumidores disponibles a traves del Departamento. TAMBIEN PUEDE ESCRIBIR AL DEPARTAMENTO DE SEGUROS DE TEXAS P. O. BOX 149104 AUSTIN, TEXAS 78714 -9104 FAX NO. (512) 475 -1771 G.F. No. 138103RR DELETION OF ARBITRATION PROVISION (Not applicable to the Texas Residential Owner Policy) ARBITRATION is a common form of alternative dispute resolution. It can be a quicker and cheaper means to settle a dispute with our Title Insurance Company. However, if you agree to arbitrate, you give up your right to take the Title Company to court and your rights to discovery of evidence may be limited in the arbitration process. In addition, you cannot usually appeal an arbitrator's award. Your policy contains an arbitration provision (shown below). It allows you or the Company to require arbitration if the amount of insurance is $1,000,000 or mss. If you want to retain your right to sue the Company in case of a dispute over a claim, you must request deletion of the arbitration provision before the policy is issued. You can do this by signing this form and returning it to the Company at or before the closing of your real estate transaction or by writing to the Company. The Arbitration provision in the Policy is as follows: "Unless prohibited by applicable law or unless this arbitration section is deleted by specific provision in Schedule B of this policy, either the Company or the Insured by demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Insured arising out of or relating to this Policy, and service of the Company in connection with its issuance or the breach of a policy provision or other obligation. All arbitrable matters when the Amount of Insurance is $1,000,000 or less SHALL BE arbitrated at the request of either the Company or the Insured, un esse insured is an individual person (as distinguished from a corporation, trust, partnership, association or other legal entity). All arbitrable matters when the Amount of Insurance is in excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and the Insured. Arbitration pursuant to this Policy and under the Rules in effect on the date the demand for arbitration is made or, at the option of the Insured, the rules in effect at the Date of Policy shall be binding upon the parties. The award may include attorney's fees only if the laws of the state in which the land is located permit a court to award attorney's fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request." I request deletion of the Arbitration provision. SIGNATURE DATE L\ LANDAMEIZICA Dear LandAmerica Customer: PRIVACY POLICY NOTICE The Financial Services Modemization Act recently enacted by Congress has brought many changes to the financial services industry, which includes insurance companies and their agents. One of the changes is that we are now required to explain to our customers the ways in which we collect and use customer information. The statement attached to or on the reverse side of this letter is the privacy policy of the LandAmerica family of companies. The three largest members of the family — Commonwealth Land Title Insurance Company, Lawyers Title Insurance Corporation, and Transnation Title Insurance Company — may issue policies and handle real estate closings in virtually every part of the country. A number of other companies in the family provide other real estate services, and some operate more locally. You may review a list of LandAmerica companies on our website (www.landam.com). You may also visit our website for an explanation of our privacy practices relating to electronic communication. Our concern with the protection of your information has been a part of our business since 1876, when the company that is now Commonwealth Land Title Insurance Company issued its first policy. We will continue to protect the privacy, accuracy, and security of customer information given to us. No response to this notice is required, but if you have questions, please write to us: LandAmerica Privacy P.O. Box 27567 Richmond, VA 23261 -7567. LandAmerica Companies Title Insurance Companies: Commonwealth Land Title Insurance Company, Commonwealth Land Title Insurance Company of New Jersey, Industrial Valley Title Insurance Company, Land Title Insurance Company. Lawyers Tide Insurance Corporation, Title Insurance Company of America, Transnation Title Insurance Company, Transnation Title Insurance Company of New York Relocation and Mortgages: Commonwealth Relocation Services, CRS Financial Services, Inc., LandAmerica Account Servicing, Inc. Title Agents: Austin Title Company, ATACO, Inc., Albuquerque Title Company, Atlantic Title & Abstract Company, Brighton Title Services Company, Capitol City Title Services, Inc., CFS Title Insurance Agency, Charleston Title Agency; Charter Title Company of Fort Bend, Galveston, and Sugarland; Commercial Settlements, Inc., Commonwealth Land Title Company; Commonwealth Land Title Company of Austin, Dallas, Fort Worth, Houston, Washington, Congress Abstract Corp., Cornerstone Residential Title, Cumberland Title Company, First Title & Escrow, Inc., Gulf Atlantic, Harbour Title, HL Title Agency, Lawyers Title Company; Lawyers Title of Arizona, El Paso, Galveston, Nevada, Pueblo, San Antonio, Lawyers Title Settlement Company, Lion Abstract, Longworth Insured, Louisville Title Agency of Central Ohio, Lorain County Title Company, M/1 Title Agency, NIA/ Lawyers Title Agency, Oregon Title, Park Title, Partners Title Company, Pikes Peak Title Services, RE/Affirm Title Agency, Rainier Title Company, Residential Abstract, Residential Title, Rio Rancho Title, Texas Title Company, Title Transfer Service, Inc., TransOhio Residential Title Agency, Transnation Title & Escrow, Union Title Agency, University Title Services, Wilson Title Company Appraisals and Ancillary Services: LandAmerica OneStop, Inc. FORM 3391 -6 (May 2001) LANDAMERICA PRIVACY POLICY What kinds of information we collect. Most of LandAmerica's business is title insurance, but there are companies in our family that provide other real estate services to consumers. We collect information about you, (for instance, your name, address, telephone number), and information about your transaction, including the identity of the real property that you are buying or financing. We obtain a copy of any deeds, notes, or mortgages that are involved in the transaction. We may get this information from you or from the lender, attorney, or real estate broker that you have chosen. Our title insurance companies then obtain information from the public records about the property so that we can prepare a title insurance policy. When we provide closing, escrow, or settlement services, mortgage lending, or mortgage loan servicing, we may get your social security number, and we may receive additional information from third parties including appraisals, credit reports, land surveys, escrow account balances, and sometimes bank account numbers to facilitate the transaction. If you are concerned about the information we have collected, please write to us. How we use this information. The company giving or specifically adopting this notice does not share your information with marketers outside its own family. There's no need to tell us to keep your information to ourselves because we share your information only to provide the service requested by your or your lender, or in other ways permitted by law. The privacy laws permit some sharing without your approval. We may share internally and with nonaffiliated third parties in order to carry out and service your transaction, to protect against fraud or unauthorized transactions, for institutional risk control, and to provide information to government and law enforcement agencies. Companies within a family may share certain information among themselves in order to identify and market their own products that they think may be useful to you. Credit information about you is shared only to facilitate your transaction or for some other purpose permitted by law. How we protect your information. We restrict access to nonpublic personal information about you to those employees who need the information to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with law to guard your nonpublic personal information. We reinforce the company's privacy policy with our employees. Agents that may be covered by this policy. Often, your transaction goes through a title insurance agent. Agents that are part of the LandAmerica family are covered by this policy. Agents that are not part of the LandAmerica family may specifically, in writing, adopt our policy statement. FORM 3391 -6 (May 2001) ( aC) DS i - A,w15371. 1112 -1 i -9 V TCf CPECIAL WARRANTY DEAD 'DOCN 9875750 Tom E. Nelson, Jr, Trustee, of Travis County, Texas C'Graator"), for the consideration hereinafter stated does GRANT, SELL, AND CONVEY unto Round Rock North Partnership, a Texas general partnership, with offices in Travis County, Texas ("Grantee "), the following described real property, together with all improvements thereon, situated in Williamson County, Texas (the "Property "): 2.4785 acres of land, more or less, out of the DAVID CURRY SURVEY, Abstract No. 130, in Williamson County, Teas, and being more frilly described in Fxhibit "A" attached hereto and made a part hereof; To HAVE AND To HOLD the Property, together with all and singular the rights and appurtenances thereto in anywise belonging unto Grantee, Granter's heirs, executors, administrators, successors, and assigns, forever. And Grantor does hereby bind Grantor, Grantor's heirs, executors, administrators, successors, and assigns, to WARRANT AND FOREVER DEFEND, all and singular, the Property unto Grantee, Grantee's heirs, executors, administrators, successors, and assigns, against every person whomsoever lawfully claiming, or to claim the same, or any part thereof, by, through or under Grantor, but not otherwise, subject however, to the permitted exceptions described injxhibit" A" attached hereto and made a part hereof. Grantee assumes the responsibility for the payment dew 1998 ad valorem taxes and all subsequent ad valorem taxers assessed against the Property. The consideration for this conveyance, receipt of which Grantor acimowledges, is $ 10.00 and other valuable consideration paid to Grantor for which no lien either express or implied is retained. GRANTEE ACKNOWLEDGES AND AGREES THAT GRANTOR HAS NOT MADE, DOES NOT MAKE AND SFEcIFICALLY NEGATES AND DISCLAIMS ANY REPRESENTATIONS, WARRANTIES, PROMISES, COVENANTS, AGREEMENTS OR GUARANTIES OF ANY KIND OR CHARACTER WHATSOEVER, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, PAST, PRESENT OR FUTURE, OF, AS TO, CONCERNING OR WITH RESPECT TO THE PROPERTY AND ALL IMPROVEMENrs THEREON (IF ANY), EXCEPT FOR THE WARRANTY OF TITLE CONTAINED HEREIN, INCLUDING WITHOUT LIMITATION WITH RESPECT TO THE PROPERTY, THE IMPROVEMENTS THERETO, THE VALUE OF THE PROPERTY, THE COMPWANCE OFTHEPROPERTYwall APPLICABLE TAWS, AND THE SQUARE FOOTAGE OF ANY IMPROVEMENTS. GRANTEE FURTHER ACKNOWLEDGES AND AGREES THAT HAVING BEEN GIVEN THE OPPORTUNITY TO INSPECT THE PROPERTY, GRANTEE IS RELYING SOLELY ON ITS OWN INVESTIGATION OF THE PROPERTY AND NOT ON ANY INFORMATION PROVIDED OR TO BE PROVIDED BY GRANTOR. GRANTEE FURTHER ACKNOWLEDGES AND AGREES THAT ANY INFORMATION PROVIDED OR TO BE PROVIDED WITH RESPECT TO THE PROPERTY WAS OBTAINED FROM A VARIETY OF SOURCES AND THAT GRANTOR HAS NOT MADE ANY NEEPENDENT INVESTIGATION OR VERIFICATION OF SUCH INFORMATION AND MAKES NO REPRESENTATIONS AS TO THE ACCURACY OR COMPLETENESS OF SUCH INFORMATION. GRANTOR IS NOT LIABLE OR BOUND IN ANY MANNER BY ANY VERBAL OR WRITTEN STATEMENT'S, REPRESENTATIONS OR INFORMATION PERTAINING TO THE PROPERTY, OR THE OPERATION THEREOF, Rama. Woman, D® Prue 1 OFFICIAL REOOPDS WIWA ISON OJIMP( WAS NelueleRWP DS i. Am- 182771.1 n x.15 A V TC T FURTHER ACKNOWLEDGES AND AGREES THAT THE MAXIMUM EXTENT PERMITTED BY LAW, THE SALE AND CONVEYANCE OF THE PROPERTY AS PROVIDED FORIIEREIN IS MADE ON AN "AS IS, WHERE IS" CONDITION AND BASIS WITH ALL FAULTS. THIS CLAUSE SHALL SURVIVE CLOSING AND DELIVERY OF THIS DEED. Grantee's Mailing Address: Round Rock North Partnership Attn: Mr. Alan Muskin 5838 Balcones Drive, Suite 100 Austin, Texas 78731 Executed this 17th day of December, 1998. STATE OF TEXAS COUNTY OF TRAVIS After Recnrdinv Please Return To: Sue B. Littlefield, Esq. ARMBRUST, BROWN & DAVIS, L.L.P. 100 Congress Avenue, Salle 1300 Austin, Texas 78701 S, 0 .WAYn0 DOM SrgeNTOR: Ter Ne n, Ir mstee Before me, the undersigned authority, on this day personally appeared Tom E. NELSON, JR., TRUSTEE, known or proven 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 and in the capacity stated. Given under my hand and seal of office this 12 r December, 199 Public - tate of Texas Name: My Commission Expires: Nea Y NelsoARANP CRICHTON AND ASSOCIATES LAND SURVEYORS 107 NORTH LAMPASAS ROUND ROCK, TEXAS 78664 512-244-3395 FIELD NOTES: FIELD NOTES FOR 2.4785 ACRES OUT OF THE DAVID CURRY SURVEY, ABSTRACT/40. 130, BEING APORTION OF A2507 ACRE TRACT RECORDED 1O TOM E NELSON IN VOL 966, P0. 125, OFFICIAL RECORDS OF WIL IAMSON COUNTY, TEXAS, SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOW& BEGINNING, at a 12" iron pin found m the south line of Lot 2, Block li, Crystal Parka subdivision recorded in Cabinet I, Slide 146 -149, and the northeast tamer of Lot 7, Bik 7, Round Rock North Industrial Business Park Section V, a subdivision recorded in Cabinet D, Slide 296, a0 plot moods of Waliansnrt County, Tema, for the northwest corner of this tract and the POINT OF BEGINNING. THENCE, N 70'51'42" E. 309.46 feet with the south lime of said Lot 2, Block E, C Park to a 12" 'von pin set at the northwest comer of a 2.008 not tract recorded to T.U. Electric in Vol. 787, Pg. 154, Official Records of WOtiaofoa County, Texas for the Northeast comer of this tract. THENCE, S 2010730' E with the west line of said 2008 acre tract 340.43 feet to a 12" iron put set frorn which a 12" iron pin set on the north line of a 8.787 acre tract recorded to Taus Avenue I.V. in Vol. 1140, Pg. 518, Official Records of Williamson County, Tetra bears S 20' 07' 30" B, 9.60 feet for the Southeast corner of this tract THENCE S 68'4529' W through the interior of said 2507 acre troth, 26086 feet to an 1/2' iron pin net on the common line of aid 2507 acre tract and said 8.78 woe tract. THENCE S 70' 51' 59' W with the north tine of said 8.787 acre tract 53.85 feet to an'X' set on a conc. walk in the east Inc of Lot 1, Mock 4, Round Rock North Industrial Park Section VI, a subdivision recorded in Cab. O, SL 132, Plat Records of Williamson County, Texas, for the southwest comer of this tract. THENCE, N 19'16'011" W, 349.95 feet with said east line of Lot 1, Block 4. passing a R.O.W. called Commerce Cove as dedicated by the plat of Round Rock North Industrial Park Section V and with eat line of said Lot 7. Block 7 to Inc POINT OF BEGINNING and containing 24785 aces more or less. 1 hereby certify dint the foregoing field notes were prepared from a money on the ground, under my supetvisioa and are true and correct to the beat of my knowledge and belief WiDiesa my hand and seal this the 9th day of October, 1998. 02F 498 739 "IT "A" D1I- Am-192373- I /1245ArfCT JI XHJBTT "B" Permitted Exceptions 1. Restrictive covenants of record in Volume 787, Page 154, Deed Recalls, Williamson County, Texas, Volume 966, Page 125, Official Records, Williamson County, Texas. 2. Any discrepancies conflicts, shortages in area, or boundary lines, or any encroachments or protrusions, or any overlapping of improvements. 3. Any title or rights asserted by anyone, including, but not limited to, persons, the public, corporations, governments or other entities, a. to tidelands, or lands comprising the shores or beds of navigable or perennial rivers and streams, lakes, bays, gulfs or oceans, or b. to lands beyond the line of the harbor or bulkhead lines as established or changed by any government, or c. to filled -in lands, or artificial islands, or d. to statutory water rights, including riparian rights, or c. to the area extending from the line of mean low tide to the line of vegetation, or the rights of access to that area or easement along and across that area. 4. Standby fees, taxes and assessments by any taxing authority for the year 1998 and subsequent year, and subsequent taxes and assessments by any taxing authority for prior years due to change in land usage or ownership. 5. Easement and right-of-way reserved in Deed dated December 13, 1983, from Texas Power & Light Company to Tom E. Nelson, Jr., Trustee, recorded in Volume 966. Page 125, Official Records, Williamson County, Texas, as shown on survey plat dated October 7, 1998, prepared by Herman Crichton, Registered Professional Land Surveyor No. 4046. 6. The rights of Brushy Creek Water Control and Improvement District No. 1 to levy taxes and issue bonds. ru.enasrmmana Dore 9875750 e Pate+: 4 TM 02:29:229P.M. Filed a Recorded in f 0fi.eial Records of YILL1gtiSOH County, TX. RANGY EYCLERII( ER Roc. a 15.00 s= laIi. n Georgetown Tide Company r taeDanrtmaNr 2,001040633 13 mss QI - 0 1 — I ICo_S-- 524 - 01 DPRD OF TRUST THE STATE OF TEXAS COUNTY OF WILLIAMSON § KNOW ALL MEN BY THESE PRESENTS That Round Rock North Partnership, a Texas general partnership acting herein by and through its duly authorized partner(s), hereinafter called Grantors (whether one or more), for the purpose of securing the indebtedness hereinafter described, and in consideration of the sum of TEN DOLLARS ($10 00) to us m hand paid by the Trustee heremafter named, the receipt of which is hereby acknowledged, and for the further consideration of the uses, purposes and trusts hereinafter set forth, have granted, sold and conveyed, and by these presents do grant, sell and convey unto Robert F DuBois III, Trustee, of Travis County, Texas, and his or her substitutes or successors, all of the following described property situated in Williamson County, Texas, to-wit Tract I • Lot 7, Block '7", of Round Rock North Industrial Business Paris Section Five, a subdivisionm Williamson County, Texas, accordmg to the map or plat thereof recorded in Cabinet D, Slide(s) 296, Plat Records of Williamson County, Texas, Tract 2 Being 2 4785 acres of land, more or less, out of the David Curry Survey, Abstract No 130, in Williamson County, Texas, being that same tract conveyed to Round Rock North Partnership m Special Warranty Deed dated December 17, 1998, and recorded in Document No 9875750, Official Records of Wilhamson County, Texas, said 2 4785 acres being more particularly descnbed by metes and bounds in Exhibit "A" attached hereto and made a part hereof by this reference for all purposes TO HAVE AND TO HOLD the above descnbed property, together with any and all Improvements now or hereafter located thereon, all equipment and appliances now or hereafter attached thereto or used m connection therewith, all heating, plumbing, refrigeration, hghtmg fixtures, and articles of personal property now or hereafter attached to or used in and about the improvements, and the nghts, prmleges and appurtenances thereto belonging unto the said Trustee, and to his or her substitutes or successors forever (said land, improvements, pnvileges, appurtenances and other property descnbed herein being hereinafter collectively referred to as the "Mortgaged Property ") And Grantors do hereby bind themselves, their heirs, executors, admmisirators and assigns to warrant and forever defend the said Mortgaged Property unto the said Trustee, his or her substitutes or successors and assigns forever, against the claim, or claims, of all persons claiming or to claim the same or any part thereof This conveyance shall include, and the hens, secunty interests and assignments hereby created shall encumber and extend to, all other, further and additional title, estates, interests and nghts (collectively, "Further Interests ") which may exist now or at any time be acquired by Grantors m or to the Mortgaged Property, and any part thereof and such Further Interests shall be encumbered by this Deed of Trust in the same manner as if Grantors had fee supple tide to such Further Interests as of the date of execution hereof This conveyance, however, is made in TRUST to secure payment of one (1) promissory note of even date herewith m the principal sum of Three Hundred Eighty Thousand and 00/100 Dollars ($ 380, 000.00), executed by Grantors, payable to the order of Firstar Bank, N.A, a national bankmg o QJ(uc i) -0 1 association (hereinafter refereed to as the "Beneficiary "), as specified therein, bearing interest as therein stipulated, providing for acceleration ofmatunty and for attorney's fees, as well as any and all modifications, renewals, extensions, and rearrangements thereof Should Grantors perform and comply with all of the covenants and agreements herein contained, and make prompt payment of all indebtedness secured hereby as the same shall become due and payable, then this conveyance shall become null and void and of no further force and effect, and shall be released at the expense of Grantors, by the Beneficiary Grantors Jointly and severally agree as follows: That all awnings, door and window screens, storm window screens, storm windows and doors, mantels, cabinets, rugs, carpeting, linoleum, wall and in- a-door beds, stoves, shades, blinds, oil and other fuel- btanmg systems and equipment, water heaters, radiator covers, and all plumbing, heating, hghtmg, cooking, ventilating, coohng, air- condihonmg and refrigerating apparatus and equipment, and such goods and chattels and personal property as are or shall be attached to any improvements now or hereafter located on the real property descnbed herein by nails, screws, bolts, pipe connections, masonry or in other manner, and all additions thereto and replacements thereof, and such built -in equipment as shown by plans and specifications, are and shall be deemed to be fixtures and accessions to the real property descnbed herein, being hereby agreed to be immovables and a part of the realty as between the parties hereto, and shall be deemed to be a part and portion of the Mortgaged Property granted to the Trustee hereunder That they are lawfully seized of the Mortgaged Property, and have the right to convey the same, that the Mortgaged Property is free from all hens and encumbrances, except as herein provided To protect the title and possession of the Mortgaged Property and to pay when due all taxes and assessments now existing or hereafter levied or assessed upon the Mortgaged Property, or the mterest therein created by this Deed of Trust, and to preserve and mamtam the hen hereby created as a first and prior lien on all of the Mortgaged Property To keep the improvements and personalty which is now or hereafter a part of the Mortgaged Property in good repair and condition, and not to permit or commit any waste to any thereof, to keep all buildings occupied so as not to mupatr the insurance carried thereon. To insure and keep insured all improvements and personalty now or hereafter located upon said real property against Toss or damage by fire and windstorm, and any other hazard or hazards as may be reasonably required from time to time by Beneficiary so long as any of the indebtedness hereby secured remains unpaid, to the extent of the full insurable value of said improvements, m such form and with such insurance company or companies as may be approved by Beneficiary, and to dehver to Beneficiary the pohaes of such msurance having attached to said policies such mortgage indemnity clause which shall be satisfactory to the Beneficiary and shall provide for at least ten (10) days pnor written notice to the Beneficiary prior to the cancellation of any such policies; and to dehver renewals of such pohcies to Beneficiary at least ten (10) days before any such msurance policies shall expire Any proceeds which Beneficiary may receive under any such pohcy, or policies, may be applied by Beneficiary, at its option, to reduce the indebtedness hereby secured, whether then matured or to mature in the future, and in such 2 manner as Beneficiary may elect, or Beneficiary may permit Grantors to use said proceeds to repair or replace all improvements damaged or destroyed and covered by said policy That in the event Grantors shall fail to keep the unprovements and personalty on the real property hereby conveyed in good repair and condition, or to pay promptly when due all taxes and assessments, as aforesaid, or to preserve the prior hen of this Deed of Trust on the Mortgaged Property, or to keep the unprovements and personalty insured, as aforesaid, or to deliver the policy, or policies, of insurance or the renewal thereof to Beneficiary, as aforesaid, then Beneficiary may, at its option, but without being required to do so, make such repairs, pay such taxes and assessments, purchase any tax title thereon, remove any prior liens, and prosecute or defend any suits in relation to the preservation of the prior ben of this Deed of Trust on the Mortgaged Property, or insure and keep insured the improvements and personalty on said real property in an amount not to exceed that above stipulated, that any sums which may be so paid out by Beneficiary and all sums paid for insurance premiums, as aforesaid, including the costs, expenses and Attorney's fees paid in any suit affecting the Mortgaged Property when necessary to protect die hen hereof shall bear interest from the dates of such payments at the rate stated in said note and shall be paid by Grantors to Beneficiary upon demand, at the same place at which said note is payable, and shall be deemed a part of the debt hereby secured and recoverable as such in all respects That upon the occurrence of an Event of Default, Beneficiary may elect, Grantors hereby expressly waiving presentment and demand for payment, to declare the entire principal indebtedness hereby secured with all interest accrued thereon and all other sums hereby secured unmediately due and payable, and m the event sand indebtedness is not paid when due or declared due, it shall thereupon, or at any time thereafter, be the duty of the Trustee, or his or her successor or substitute as hereinafter provided, at the request of Beneficiary ( which request is hereby conclusively presumed), to enforce this trust The Trustee may thereafter sell or offer for sale the Mortgaged Property in such portions, order and parcels as the Beneficiary may determine, with or without having first taken possession of the same, to the highest bidder for cash at public auction Such sale shall be made at the courthouse door of the county where the Mortgaged Property is situated (or if the Mortgaged Property is situated m more than one county, then the Mortgaged Property shall be sold at the courthouse door of any of such counties as designated m the notices of sale provided for herem) on the first Tuesday of any month between 1000 a m. and 4 00 p m after giving adequate legal notice of the time (including the earhest time at which the sale will occur), place and terms of sale, by filing notice of such public sale with the County Clerk of each county where the Mortgaged Property is situated at least twenty-one (21) days preceding the date of said sale and by posting or causing to be posted written or printed notices thereof for at least twenty -one (21) consecutive days preceding the date of said sale at the courthouse door of the foregoing county, and if the Mortgaged Property is situated in more than one county, one notice shall be posted at the courthouse door of each county in which the Mortgaged Property is situated, and by Beneficiary serving wntten notice of such proposed sale on each debtor obhgated to pay the indebtedness, at least twenty-one (21) days preceding the date of said sale by certified maul at the most recent address for such parties according to the records of the Beneficiary, subject to accomplishing all or any of the aforesaid in such manner as may be reqtnred or permitted by the provisions of Section 51 002 of the Texas Property Code relating to the sale of real estate or by Chapter 9 of the Texas Business and Commerce Code relating to the sale of collateral after default by a debtor, or by any other present or subsequent laws. Such sale will begin at the time stated in the notice of sale or not later than three (3) hours after that time At any such sale (r) the Trustee shall not be required to have physically present, onto have constructive possession of, the Mortgaged Property (the 3 Grantors hereby agreeing to deliver to the Trustee any portion of the Mortgaged Property not actually or constructively possessed by the Trustee immediately upon demand by the Trustee) and the title to and right of possession of any such property shall pass to the purchaser thereof as completely as if the same had been actually present and delivered to the Purchaser at such sale, (ii) each instrument of conveyance executed by the Trustee shall contain a general warranty of title binding upon the Grantors, (m) each and every recital contained m any mstnunent of conveyance made by the Trustee shall conclusively establish the truth and accuracy of the matters recited therem, mcluding, without limitation, non- payment of the indebtedness secured hereby, advertisement and conduct of such sale m the manner provided herem and otherwise by law and appointment of any successor Trustee, (iv) any and all prerequisites to the validity of such sale shall be conclusively presumed to have been performed, (v) the receipt of the Trustee or of such other party making the sale shall be a sufficient discharge to the purchaser for his purchase money and no such purchaser, or his assigns or personal representatives, shall thereafter be obligated to see to the application of such purchase money or be m any way answerable for any loss, misapphcation or non- application thereof, (vi) the Grantors shall be completely and irrevocably divested of all of its right, title, interest, clam and demand whatsoever, either at law or m equity, in and to the property sold and such sale shall be aperpetual bar both at law and m equity against the Grantors, and against any and all other persons clasming or to claim the property sold or any part thereof, and (vii) the Beneficiary may be a purchaser at any such sale Following the occurrence of an Event of Default, the holder of the mdebtedness hereby secured or any part thereof on which the payment is delinquent shall have the option to proceed with foreclosure in satisfaction of such nem either through judicial proceedings or by directing the Trustee to proceed as if under a full foreclosure, conducting the sale as herein provided without declaring the entire indebtedness due, and if sale is made because of default of an mstalhnent, or a part of an installment, such sale may be made subject to the unmatured part of such indebtedness, and it is agreed that such sale if so made, shall not in any manner affect the unmanned part, but as to such unmatured part, this Deed of Trust shall remain in full forte and effect as though no sale had been made hereunder Several sales may be made hereunder without exhausting the right of sale for any unmatured part of the indebtedness hereby secured Any proceeds of any sale or other amounts generated by the holding, leasing, operation or other use of the Mortgaged Property may be apphed in the following orders of prionty (u) first, to the payment ofall costs and expenses oftalnng possession of the Mortgaged Property and of Molding, leasmg, operating, using, repairmg, reproving and selling the same, mcludmg, without lumtation, the reasonable fees of the Trustee and attorneys retained by the Beneficiary and the Trustee, or either thereof, fees of any receiver or accountants, recordmg and filing fees, court costs, costs of advertisement, and the payment of any and all taxes, assessments, hens, security interests or other nghts, title or interests equal or superior to the hen and security interest of this Deed of Trust (except those to which the Mortgaged Property has been sold subject to and without m any way implying the Beneficiary's consent to the creation thereof), (u) second, to the payment of all accrued and unpaid interest due on the indebtedness secured hereby, (m) thud, to the payment of the unpaid principal balance of the indebtedness secured hereby, (iv) fourth, to the payment ofall amounts, other than unpaid principal and accrued interest on the indebtedness secured hereby, which may be due to the Beneficiary under the terms hereof, together with interest thereon as provided heir,. (v) fifth, to the payment of any other unpaid indebtedness secured hereby; (vi) sixth, to the Grantors Beneficiary reserves the right to alter the pnonty of apphcaton of such proceeds and other amounts as it may choose in its sole discretion. 4 It is agreed that in the event a foreclosure hereunder should be commenced by the Trustee, or his or her substitute or successor, Beneficiary may at any time before the sale of the Mortgaged Property (or any part thereof) direct the said Trustee to abandon the sale, and may then institute suit for the collection of the indebtedness secured hereby, and for the foreclosure of this Deed of Trust lien; it is further agreed that if Beneficiary should mstmrte a suit for the collection thereof, and for a foreclosure of this Deed of Trust Gen, that it may at any time before the entry of a final Judgment in said suit dismiss the same, and require the Trustee, his or her substitute or successor to sell the Mortgaged Property (or any part thereof) m accordance with the provisions of this Deed of Trust Beneficiary shall have the nght to purchase at any sale of the Mortgaged Property (or any part thereof), being the highest bidder and to have the amount for which the Mortgaged Property is sold credited on the debt then owing Beneficiary m any event is hereby authorized to appoint a substitute trustee, or a successor trustee, to act instead of the Trustee named herein without other formality than the designation in writing of a substitute or successor trustee; and the authonty hereby conferred shall extend to the appointment of other successor and substitute trustees successively until the indebtedness hereby secured has been paid in full, or until the Mortgaged Property is sold hereunder, and each substitute and successor trustee shall succeed to all of the nghts and powers of the ongmal trustee named herein In the event any sale is made of the Mortgaged Property, or any portion thereof under the terms of this Deed of Trust, Grantors, their heirs and assigns, shall forthwith upon the making of such sale surrender and deliver possession of the Mortgaged Property so sold to the purchaser at such sale, and m the event of their failure to do so they shall thereupon from and after the making of such sale be and continue as tenants at will of such purchaser, and in the event of their failure to surrender possession of the Mortgaged Property upon demand, the purchaser, his, her or its successors, heirs or assigns, shall be entitled to institute and maintain an action for forcible detainer of said Mortgaged Property m the Justice of the Peace Court in the Justice Precmct in which such property, or any part thereof, is situated As used in this Deed of Trust, the term "Event of Default" shall mean the occurrence at any time and from tune to time of any one or more of the following (a) Ifany portion ofthe mdebtedness secured hereby as and when the same shall become due and payable, whether by acceleration, demand or otherwise, shall fail to be paid in a timely manner following the expiration of any applicable penods of grace, (b) If any of the obligations or responsibilities of the Grantors set forth in this Deed of Trust shall fail to be complied with or discharged fully and timely; (c) Ifany representation, warranty or other information supplied to the Beneficiary or set forth herein shall be false, misleading or erroneous in any matenal respect; (d) Failure of the Grantors to comply with any of the terms or provisions of any loan agreement, note, collateral document or other wnting evidencing, securing or otherwise related to the Indebtedness secured hereby; 5 (e) Grantors (or any one of them if more than one) or any Guarantor of any of the indebtedness secured hereby shall (i) Become msolvent or unable to pay its or their debts as they mature, or (u) File a voluntary petition in banlauptcy oravoluntary petition seeking reorgamzat on or to effect a plan or other arrangement with creditors, or (In Make an assignment for the benefit of creditors, or (w) Apply for or consent to the appointment of any receiver, custodian or trustee for any such party or have all or any substantial portion of the property of any such party, or (vi) Make an assignment to an agent authorized to liquidate any substantial part of its or their assets (f) In respect of the Grantors (or any one of them if more than one) or any Guarantor of any of the indebtedness secured hereby (i) An involuntary petition shall be filed with any court or other authority seeking reorganization or a creditor's arrangement of any such party or the adjudication of any such party as bankrupt or insolvent, or (u) An order of any court or other authority shall be entered appointing any receiver, custodian or trustee for any such party or for all or any substantial portion of the property of any such party, (m) A wnt or warrant of attachment or any similar petition shall be issued by any court or other authonty against all or any substantial portion of the property of any such party, and such petition seeking reorganization, a creditor's arrangement or adjudication or such order appoinlmg a receiver, custodian or trustee is not vacated or stayed, or such writ, warrant of attachment or similar process is not vacated, released or bonded within thirty (30) days after its entry or levy. (g) 1Be sale, or agreement to sell, or exchange, or agreement to exchange, the Mortgaged Property, or any part thereof, or the existence of any lease upon the Mortgaged Property, or any part thereof, for a penod longer than 3 years or for any period of the lessee thereof has an option to purchase the property subject thereto (each such event being herein called a "Disposition "); provided, however, that an agreement to sell shall not constitute an Event of Default hereunder if the Disposition is thereafter consented to in writing by the Beneficiary, and provided further that any such Disposition shall not constitute an Event of Default if the prior written consent of the Beneficiary is obtained It is expressly agreed that in connection with determining whether to grant or withhold such consent, the Beneficiary may (but is not obhgated to), among other things, (1) consider the creditworthiness ofthe party to whom such Disposition has been or will be made and 6 its ability with respect to the maintenance and upkeep of the Mortgaged Property which consideration may include, without limitation, the amount of cash equity invested m the Mortgaged Property by the person to whom such Disposition has been or will be made, the purchaser's ability and experience hi mantarnmg and keepmg up real property, and the purchaser's h uidi q ty,(u ) consider whether or not the security for repayment of the mdebtedness secured hereby, or the Beneficiary's ability to enforce its nghts, remedies and recourses with respect to such secunty, will be unpaired in any way by the Disposition, (in) require as a condition to granting any such consent, an increase m the rate of interest payable under the indebtedness secured hereby, a modification ofthe repayment term of the indebtedness secured hereby and of installment payments thereon, and such other changes in the terms and provisions of the indebtedness secured hereby and other loan documents related thereto as the Beneficiary may require, (iv) require that the Beneficiary be reimbursed for all costs and expenses incurred by the Beneficiary in investigating the creditworthiness and abihty of the party to whom such Disposition has been or will be made and m detemwvng whether the Beneficiary's security will be impaired by the proposed Disposition, (v) require the payment to the Beneficiary of a transfer fee to cover the cost of documenting the Disposition m its records or otherwise compensating it for its time and services, (vi) require the payment of its reasonable attorney's fees m connection with such Disposition, (vu) require the express assumption of payment of the indebtedness secured hereby by the party to whom such Disposition has been or will be made (with or without the release of the Grantors or any Guarantor from hability for such mdebtedness), (viii) require the execution of assumption agreements, modification agreements, supplemental secunty documents and financing statements sansfactory in form and substance to the Beneficiary, (ix) require endorsements (to the extent available under applicable law) to any existing mortgagee title insurance policies or construction binders insunng the Beneficiary's hens and security interest covering the Mortgaged Property, and (x) regture additional security for the payment of the indebtedness secured hereby Notwithstanding anything Diem to the contrary, the occurrence of any one or more of the following shall not constitute a "Disposition" for purposes of this subparagraph (g), to wit (1) the creation of a subordinate hen or any sale thereunder, (2) any deed under threat or order of condemnation, (3) any conveyance solely between makers, and (4) the passage of title by reason of death of a maker or by operation of law. (h) The occurrence of a default under Paragraph 14 of the Note It is agreed that the hen hereby created shall take precedence over and be a prior hen to any other hen of any character whether vendoi's,matenalmen's ormechamc'shen hereafter created on the Mortgaged Property. To the extent the proceeds of the indebtedness secured hereby are used to payoff and satisfy any hens, charges or encumbrances heretofore existing on the Mortgaged Property, such proceeds have been advanced at Grantors' request, and Beneficiary is, and shall be, subrogated to all of the rights, liens and remedies of the owners or holders of any such hens, charges and encumbrances, irrespective of whether such liens, charges or encumbrances are released of record, provided, however, that the terms and provisions hereof shall govem the rights and remedies of Beneficiary and shall supersede the terms, provisions, nghts and remedies under the hen or hens to which Beneficiary is subrogated hereunder As further secunty for the payment of the heremabove descnbed indebtedness, Grantors hereby transfer, assign and convey tmto Beneficiary all rents issuing or to hereafter issue from the Mortgaged 7 Property, and upon the occurrence of an Event ofDefault, Beneficiary, its agent or representative, is hereby authorized, at its option, to collect said rents, or if such property is vacant to rent the same and collect the rents, and apply the same, less the reasonable costs and expenses of collection thereof, to the payment of said indebtedness, whether then matured or to mature m the future, and in such manner as Beneficiary may elect The collection of said rents by Beneficiary shall not constitute a waiver of its nght to accelerate the maturity of said indebtedness nor of its right to proceed with the enforcement of this Deed of Trust It is agreed that an extension, or extensions, may be made of the time of payment of all, or any part, of the mdebtedness secured hereby, and that any part of the Mortgaged Property may be released from this hen without altering or affecting the pnonty of the lien created by this Deed of Trust m favor of any Jurnor encumbrancer, mortgagee or purchaser, or any person acgmnng an interest m the property hereby conveyed, or any part thereof, it being the mtention of the parties hereto to preserve this hen on the Mortgaged Property, first and supenor to any hens that may be placed thereon, or that may be fixed, given or imposed by law thereon after the execution of this mstr mentnotwnhstandmg any suchextensron ofthe time of payment, or the release of a portion of said property from this lien In the event any portion of the mdebtedness heremabove descnbed cannot be lawfully secured by this Deed of Trust hen on said Mortgaged Property, it is agreed that the first payments made on said Indebtedness shall be applied to the discharge of that portion of said indebtedness Beneficiary shall be entitled to receive any and all sums which may become payable to Grantors for the condemnation of the heremabove Mortgaged Property, or any part thereo for pubhc or quasi - pubhc use, or by virtue of private sale in lieu thereof, and any sums which may be awarded or become payable to Grantors for damages caused by public works or construction on or near the Mortgaged Property. All such sums are hereby assigned to Beneficiary, who may, after deducting therefrom all expenses actually incurred, including attorney's fees, release same to Grantors or apply the same to the reduction of the indebtedness hereby secured, whether then matured or to mature m the future, or on any money obligation hereunder, as and in such manner as Beneficiary may elect. Beneficiary shall not be, in any event or circumstances, liable or responsible for failure to collect, or exercise diligence in the collection of any such sums Nothing herein or in any mst invent evidencing any indebtedness secured hereby contained shall ever entitle Beneficiary, upon the arising of any contingency whatsoever, to receive or collect interest in excess of the highest rate allowed by applicable laws on the principal indebtedness hereby secured or on any money obligation hereunder and in no event shall Grantors be obligated to pay interest thereon in excess of such rate If this Deed of Trust is executed by only one person or by a corporation, the plural reference to Grantors shall be held to mclude the singular and all of the covenants and agreements herein undertaken to be performed by and the rights conferred upon the respective Grantors named herein, shall be joint and several obligations and shall be binding upon and inure to the benefit of not only said parties respectively but also their respective heirs, executors, administrators, grantees, successors and assigns All agreements and transactions between Grantorsandthe Beneficiary hereof ; whether now existing or hereafter ansmg, whether contained herem or in any other instrimient, and whether wntten or oral, are 8 hereby expressly limited so that in no contingency or event whatsoever, whether by reason of acceleration of the rnattmty hereof, prepayment, demand for prepayment or otherwise, shall the amount contracted for, charged or received by the Beneficiary hereof from the Grantors for the use, forbearance, or detention of the principal indebtedness or interest hereof which remains unpaid from time to tine, exceed the maximum amount permissible under applicable law, it particularly being the intention of the panes hereto to conform strictly to the applicable laws of usury Any interest payable hereunder or under any other instrument relating to the loan evidenced hereby that is in excess of the legal maximum, shall, m the event of acceleration of maturity, prepayment, demand or otherwise, be applied to a reduction of the principal indebtedness hereof and not to the payment of interest, or if such excessive mteiest exceeds the unpaid balance of such principal, such excess shall be refunded to the Gran tors To the extent not prohibited by law, determination of the legal maximum amount of interest shall at all times be made by amortizing, prora1Ing, allocating and spreading in equal parts during the period of the full stated term of the loan, an interest at any time contracted for, charged or received from the Grantors m connection with the loan, so that the actual rate of interest on account of such indebtedness is uniform throughout the team thereof Beneficiary may remedy any default, without waiving same, or may waive any default without waiving any prior or subsequent default Grantors expressly represent that the address given m this Deed of Trust is the Grantors' current nmluig address Grantors agree to notify the Beneficiary m wntmg of any change in said addresses within ten (10) days of said change Grantors further agree that, unless notified otherwise, Beneficiary may presume that the address shown hereunder is the most recent address on the records of the holder of the indebtedness At least five (5) days pnor to the date on which any ad valorem taxes, assessments, insurance premium and homeowne?s association dues and assessmenls (collectively, the "Impositions') mustbe paid to prevent dehnquency thereof, the Grantors will pay or settle such Impositions relating to the Mortgaged Property and deliver to the Beneficiary, drying the following month, a statement or statements showing the amount of the Impositions required to be paid, the concem or authority to which same was payable, and certificates, receipts, statements, cancelled checks, or other written evidence that such Impositions have been paid or settled in full Grantors expressly represent that this Deed of Trust and the Note hereby secured are given for the following purpose, to-wit The Note hereby secured represents funds advanced to the undersigned Grantors at Grantors' special instance and request, and this Deed of Trust is given to secure the payment of such Note The Trustee is acting hereunder as trustee for the benefit of the Beneficiary, only, and does not have any duty to the Grantor whatsoever other than to conduct any sale fairly and impartially and in accordance with the provisions of law and this Deed of TrusL Further, except as expressly set forth herein the Trustee shall have no duties and shall not be obligated to perform any acts other than those expressly set forth herein. The Trustee shall not incur any personal liability hereunder except for his own willful misconduct; and the Trustee shall have the right to rely on any instrument, document or signature authorizing or supporting any action 9 taken or proposed to be taken by him hereunder, believed by him in good faith to be genuine. The Trustee shall be entitled to a reimbursement for all expenses incurred by him in the performance of his duties, and shall be entitled to reasonable compensation for such services as shah be rendered, which sums are part of the indebtedness secured hereby. The Trustee may resign at any time by written notice to the Beneficiary at the Beneficiary's mailing address as set forth in this Deed of Trust, without regard to whether such resignation will inconvenience or prejudice Beneficiary in any way, which resignation shall be effective upon mailing of the notice of resignation, whereupon such Trustee shall be relieved of all obligations and duties, if any, relating in any way to this Deed of Trust (whether hereunder, at law or otherwise); provided, however, that such resignation shall not alter or impair the rights, duties or obligations of any successor trustee the Beneficiary may thereafter appoint hereunder. The Grantor and the Beneficiary hereby release the Trustee and agree to indemnu, save, hold harmiess and defend the Trustee from: any and all claims, liabilities, causes of action, damages and expenses (including attorney's fees) in any way related to the naming of the Trustee as Trustee hereunder and/or the service of the Trustee hereunder other than those due solely to his willful misconduct. It is expressly understood and agreed that, without limitation, the provisions of the foregoing sentence are intended to extend to and cover fully the Trustee's negligence and gross negligence. The provisions of this paragraph are included to induce the Trustee to consent to being named as suck herein with the full knowledge that the Trustee is relying on such in granting his consent and that but for the inclusion of this paragraph the Trustee would not consent to being named as Trustee hereunder. The provisions of this paragraph shall extend to all successor and substitute trustees hereunder, however remote from the original Trustee. EXECUTED on the dates set forth in the acknowledgments hereto, to be EFFECTIVE AS OF May 24, 2001 10 Round Rock North Partnership, a Texas general partnership By C &I d_ _ t! � Arthur L Muskin, General Partner Alan Muslary General Partner Mailing Address of Trustee Robert F DuBois 11I Attorney at Law P 0 Box 50203 Austin, Texas 78763 Mailing Address of Beneficiary Firstar Bank, N A 10 N Hanley St Lows, MO 63105 THE STATE OF TEXAS COUNTY OF TRAVIS Address 632 -A N. Lamar Austin, Texas 78703 -5414 Co 30k6 This instrument was acknowledged before me on this thaiet day of 2001, by Alan Muskin, General Partner of Round Rock North Partnership, a Texas general partnership, on behalf ofsaid partnership LINDA ROBERSON N ota r y Pubne %Oa ul Issas My Cumrcuaaron Eapues DECEMBER 23. 2004 Notary Public m and for the State of Texas 11 THE STATE OF TEXAS_ / +319diL/ COUNTY OF Eltedaa ST -' DJ'- This mstrirment was acknowledged before me on this thee/ day of /0 2001, by Arthur L Muslin, General Partner of Round Rock North Partnership, a Texas general behalf of said partnership partnership, on AF R RECORDING RETURN TO: Fisher : N A 10N St. Lours, ti 63105 After recording return to Texas Ameneans Title Company Suite 203 Ave Austin, TX 78745 Notary Public in and for the State of limn A'o 12 ** 20 39tjd 10101 ** 20 d Ex.RrBIT A Tract I Lot 7, Block "7", of Round Rock North Industrial Business Park, Section Five, e subdivision in Williamson County, Texas, according to the map or plat thereof recorded in Cabinet D, Slide 296, Plat Records of Williamson Comity, Texas. Tract 2 Being 2 4785 acres of land, more or less, out of the David Curry Survey, Abstract No 130, in Williamson County, Texas, being that same tract conveyed to Round Rock North Pannership in Special W airanty Deed dated December 17, 1998, and recorded in Document No 9875750, Official Records of Williamson County, Texas, and being more particularly described by metes and bounds as follows. FIELD NOTES: FELD NOTES FOR 2.4785 ACRES OUT of THE DAVID C ORRY SURVEY , AESTRACrliO.I3gBFIIioAPOBTiON OEA2907ACRE TRACT RECORDED TO TOM E NELSON U4 VOL. 964, PO. 125, OFPIQAL RECORDS OF WU.S2Al00N COUNTY. X CA&. SAID TRACT BEING MORE PARTICULARLY DFSCRTh03 BY METES AND BOUNDS AS FOLLOWS BEGINNING, at a I2' iron pin found in the south five of Lot 2, Block E. C Palk. a sabdMoon recorded m Cabinet 1, Slide 146.149, and the northeast corner of Lot 7,131k 7, Round Rode North Industrial Business Park, SecHoa V, a subdivision recorded in Cabinet D, Slide 296, as plat records of WAliamwn CounIy, Tuns, lot the northwest comer of Una tract and the POINT OF BEGINNING. THENCE, N 70'5r4T E, 30946 feet with the south live of said lot 2, Block E 'Crystal Park to a 1/r non pin seta the northwest corner of a 2008 acts tract recorded to T.U. Eketrw in Vol. 787, Pg 154, Ot5aal Records of Williamson County, Taus for the Northeast corner of this tract. THENCE, S 20'OT30' E with the rest line of said 2.008 an tract 340.43 feet to a 1/r hoe pin set from which a 1/r iron pin set on the north Me of a 8.787 acre react recorded so Taus Avenue J.V. in Vol. 1140. PG 518, Official Rnmrds of W011atmoa County- Tams bears S 20' 07'30' E. 9.60 feet for the Southeast cornet of this tact THENCE S 684529' W through the interior of said 2.507 are tract, 260.86 feet to at 1/2' iron pia set an the common line of said 2607 acre tract and said 838 acre tract. THENCE S 70' 51' 59' W with the north line of said 8.787 acre on 53.85 fret to an 'X' set on a mac- walk in the east Inc of Lot 1, Block 4, Round Rock North Indmttiai Park, Sections VI, a sohdteisioa recorded in Cab. 0, Sl 132. Plat Records of Williamson Co nny,Tms, for the awdnrest comer of this net. THENCE, 14 19'1600' W, 349.95 feet with aid east Ise of Lot 1. Block 4, paeam8 a R.O.W. raped commerce Cove as dodicatod by the plat of Round Rork Nardi Indesaul Pack Section V and with cot line of said lot 7. Block 7 to the POINT OF BEGRINENO and a nsatning 2.4785 acne more or Ins. 06 -08 -200x 01:55 PM 2001040633 JACKIE 833.00 NANCY E. RISTER ,COUNTY CLERK WILLIAMSON COUNTY, TEXAS 1Ne1d 01 7860 205 215 FILED W RLLJi.u..r OFFICIAL PUBLIC RECORDS or 1: lid fay S2•6 1002 80 Nflf 115E STATC Of TEXAS 1 ROUND 'ROCK NORTH INDUSTRIAL BUSINESS PARK 'N SECTION M in the .CITY OF ROUND ROCK, TX. Z 3..7Y1.P°" .aa. 02900 OATH 161.. ror ro.ro - 1:%777% • .yxy' r 8 • 4,1 r - `J [ 01[70 NOTES Of ROUND 100 00811 1 9510001 1 11 010 05 510L 10559005 PARS • 5 l0 97115 NOTES deeerlbin 0 1.134 nn tract or parcel of find, out of the 0014 Curry Surrey, Agent Na. 130. Minted In X111tenon County, that tract conv te pe lnre Inc., by S acre deed recorded In 0olnne 579, Pegg 190 of the aed.Re,rde Of Mllllemsen County, 0011, end being more lolly described by netts and bounds as follower 0011,11.1FOR REFERENCE n the Southeoel corner of said 0010 Corry Surrey; thence 059'00•9, 1151 Feet and 011'00'0, 5310 feet % m Iron Pin found In the Reran lane of said 9 2.49 Ten bet -9 the northeast d tot 5, BIM 2, Round A «4 North Industrial evilness Part • Se1150, 1.0, a morn on 1 Met 91 Record In Cs0lnet C. 31140 300 of the fie Records of and County, /e the Northwest corner 500 Mr OF 00140117 of the he 4•stn.n 1.234 acre trot; 751108E .709 the North lire of 0010 99.15 acres, /e the North line hereof. .50 02'10•1, 940.13 feet to n Iron pin found at the Rorlhwen corner of anal certain 10.971 r• tract, . partial of 110 99.89 mere, • for the Northeast corner horny{ 75105[5 , 0 alon59 g Id'[ me , Y991 ,91 I1.., Ieet n 0f n. /or th,10,9 IIe horny me 10005,000 ear+ n hereof, .1m9 the South 7 bread, the following three 111 course. 1 , radius • Feet ten9en 57.06 fet.'or • 9 feet, 050,,0 Corral/re and chard bearing • 75.91 feet, 591 to n Iron pin set I« 21 n a tam arc 0 pcurve t *reds the l hying elerente of delta • .90 feet, n ea � chord 15.12 reel yq 100 I t 1. 17 Iron 0 1 7 94t 900 I Point of Engency hoer{ i t •na 010'59' y Ilnr 00of 'x, 112 n 7.99 to n ,;717, fthe Eound nt Ian 0r In the I k009. r 50,06 a l e ns• s Se[• 1100 t f« the Sonnets( 59101 erne er hereof; 114910E none m East rem of .110 Section 700. for . Xnt Ile hereof, 019•07•30•x, 40.00 feel to n Iron 110 found in the norm righ Comer. of and Comer. fore ell comer knee; 0 .:, 1 7,!!...;;;°5::, 1 4 a th 5 rah e 90209, rlght•0f. Woner •o Ian., ear use 170.51' 5 1 .2, , 14 11 «,51 fe1e9 der 90 ell Y . m ell e,e rr hereol 71510 , non9 0 0e u•. 100 , 11 I7 1.9 ,. 1 fl 01 ee t lei the 1 10097 97009 a 0 Ion 0 senrIbN tract rbe 54 0 lend le ract of 11 m 0, o.InlM 1,101 50501 . Od of lend en or SN ysr ore 4 • I CERAM O 9NON ALL 00111y 1HESF PRESENTS • l prepar 057p plat freer 0, ectusl ec un on Rroun surrey the lard end thet 0b comer e0nmun sh ts am thereon .en properly prorly pla under 0y Ibc ,1 Teu0. In .0051/. «I .5th the Subd Regun9l0n of the 0197 of 50ved • .• 64005E 1 01001090, INC. Aryl.Yo 0. 39. he. 1300 . 3 -ce_ Date - • r• 10 ARtIr Mawr awr ( : elo as .dea 00.424 1.00.0.0850 i owe PIN bf/NO • IVA/ PIN eer , �fe!•�•. imirw0 85127.0515 0770507 • Mee' •rape• 0501010 o c 6 NANe CLx,1101 0 0. 000950 �1e .4 1 . " ror L 4 acaaKe c / ror L. ' i eAIre04 ` .eeo • IxF Stilt 01 ItnlS 1 COU*ST OF MILL1P1150N 1 THAT, *USMY SLOPE 10100070/7 01000190109. INC., 1 Tens oorparltlm, org and existing ender the len of the Stele of Teen, tett, herein by and mreun0 Its President. F« I. Nelson, Jr„ ono of 7.211 ecrn of land out 01 the 0arld Curry Surrey, Abstract No, 020, eltueted ?I *1111neon County. Teen, said 1.234 ones being • portion of lee eenelnder need records In Solon 579, Page ego of the 72 Records of County, lean, dace hereby 12001 5010 7.914 ern of land a Its Ieb. dlrlslan to to 5500500 n 501/NO 0085 90972 INOuSTAIAL 10019055 PARR - Stet le1 FIVE, and E0e3 hereby dedlnte la the 026770 uu of 507 and 011 streets .,d nsennts n 100,1 hereon. 6100055 m BARD, this the Ma do of A14tci , 1900, 1 00011 ALI 150 10 1xF0E 02150910: 105541 11000 1100!109X5 C104pee7001, MC. NE STATE OF 00940 1 COURTS OF XILIINgON 1 BEFORE NE the um/0310ned authority, on thye day es eon.11y appeared 70m E. nelson/ Jr., Prod dent of brushy Slope 5,•••00,5 Corperetlon, Inc., Am,1 to we to Oe the serum .1010 nn le evbscrlbed to the romping n f he purpose and c ons i d e ratio n therein a oee eee2, 050 1 , the cepl- 0113 therein elated, and n the act ed deed of 1110 toren -en., • 05100 01005 m 11057 AND 5001 Of Cif ICE, One Na fly 01 p1. J0L(., 198D, AO. The obinnon non hereon Is olthle lb 0ly nein of the City 00 henna I «0, leas. 4(00050 1070 Lb� /{ day 0f rcord by Comma eel e0 8157 0 record 67 one 000057 Clerk 09 0151l,90, C .uil 0•' 9r,.0111:,0,94,• SF CheIrren PASSED AI. /PPR001*, on the Mil day of A 1 . , 191C. 4.0. tit 07010 6 RATS 1 COWRY If XItL(AYS011 I I, JAMES N. ,01007011, Clerk of the Cent Court of end County. de hereby certify 01.9 010 foregoing e I Inq ns O0 t [1e r[33ument In writing, .5th Its ertl /cep% of lathentlellen, an ffiled ri07 fs� d,I .d .! nd d3lue o IS90 A.O. 0 � t a • c'ea«k, � N.. In the P 000 ear 1 sale COW; . nee CQ 17°,111, 97 X1 ! 97 AD C o 11 Oe 00519 •f 1104 Cern 19 eeee 1 , hl r7."' 9an, 9 IM eb Iaeb ebOL f e nrl!!Cm. • JMCS N. 001057011 Cent County Coon, Xllllewm Cony Haayyniee A Hallman Inc. I `�_L1_� 0159 " 1111%0 /Mi e. r C 1 COMMERCE COVE ADDITION e - Public Utility Easement Bnll - Li. t . May • FINAL PLAT Pound Rook north, Part...sip Cab: i Qt V • OF NAAS OWN. OF WILLIAMSON S x • R Rock North Partnership, actin h.r.10 8Y Alan 16 and tbro.gn Al ski , Pr en Ming the f No certain act of Ism. .t y. recor0 In .• 9875750, Official Nro Williamson r0i of County, he0Ny • e therm are no lien N h der of the ▪ rta tr t 00 of land, and Fop hereby 0aieata e public e fOr.ve 7N . e streets. alleys, a and all other lands intended for public aedlution at Now hewn. BUM OF TOGS COUNTY 08 WILLIAMSON § t ma• acknowledged before me on 4.7 of This 2@L by k Alan the t capacity as . . t 7t . in 0 i. fe l ed /e li,5urt , yew'''. • SI;riQ 144- atom Rosnd Rook Merin Partnership loon Nuskinl ACREAOE 2.478 sc. MOILS op LOPS one NSW 8SR087S1 none DATS : elm tr Sop ENOIN0m. : Crichton ryP ll Land Sloven. dm9NDTPs MOMS ton i.m LCD. MT 007100 DAVID anutt DAVID MAY8y. AemACT 80. a D 8090 * 700f x 1O 00 A x00.,0 780 TRACT da0O.M0 TO Tors NELSON w VOL ek 10. m. 09980..1MON. OF .n13Ateon m9mly, lm*.t LLD TRACT oem rode PANSICULAPLY om0>® NI MOTS AND derema w7un.rh e eOut bpb bed h W m.hrerLot l dkee Ic6pW Pot.mb5.fe. footed M1 Rowe... V •...a 000.601 use: 0,1aes DO a pin Mares t.a.e:� C*.O• Tes.1m ee .mO.t wser of 01 ve and M POUT OF 000➢09080 of wi.v Ion IX 1.....ntu :6.000 acre m tm: a uam.t' bw.1'7rye LK gra nos. at WM.. 02.78T ae Mo.. mQw*1D. THENCE 1 1 . 0* i0. Da am ace. Omet txr =re ma n.m.m TS Av. )Vivd 0. 8.7 .O0v1Rw..w.•Rr.me rme.T0 a.m.5 E9A0 Po be. hams. 7-9III of 0010 �tb.w W0 inter. aC d . 700 moo � 00.86 Nf w bpb THENCE SIV5F9r M.rs soak um al Wal70V. ma 911 Deems 11.• sm. w Lott rob L Axone. Noe f.as r fm0. hobo v4. rs re toed. ti 0.0.311. No Am el... rmV.TmeN NrNm me wee ac. 09100 ,N1916TP.,)NPiN...aG I. ebd 0. dm;. NOM.. Como e.eb0dh 0o900w.mn.es x..74 fee vily.c90:00v.u..osk w� 7.8bd7rlte POOR OFe®0O100e 0.00 ve mea Ya *8MC0000* Cotton Sp156.e e.t in Power Pole •0 the x corner o f 'MU. 110000 Rotor.. 0017.. 751.88 No portion f 10 tract s r1 Ua1tthe 11 of any t 100 11,0071.1,. 008.17108 03850. O 0Pffi: 1, 8n1161ng nethedke Nall M lb accordance with the City of Resod Reek seeing 0761000 2, r of Pound Reek Subdivision Ordl0.080. rdsnce with the Gity S. IV ME s aro de... ael.0eee N all prap..ey land.. COMM eer.Leel To. OF WI SO S 'IND I, Yriy x cert 1 do here phe, complies by certify tMt t0071v10the infes...i and N.stor.v.terpd0.10090 adopted010, 01 00o.Ene nete•J.L 2oofo93o00 57575 o eves S COUNTY F WILLIAMS ON § Cr er hereby certify 58.5 a Pre5.a tn1. plat 10seises t ' + to - 0 f the the •m ovn hereon ed plac under l my , �. in a v1N the Subdivision Re 1atl sof City of Round Rock, Taxa.. Ctl ROUND 80100 VMS C 1 i H y Or08f L71 Vol 810 ten PST.. AND SON ION Oy70 OF x , 7...• Al IaeiE ualrm•n 9n e 50.0100541011, Da PMSSHI AND APPROVED, on Ube day 018 ,0MBK9, 2*01. I1 . nay ot N ' Ron k. 7.: IYA MA0• r AIM-1U e o ns Land, City Seero Y of and Dock. THE erne OF Sans 5 mown OF WILLIAMSON § That t x r. 01•01 of the of •sid M,ntY. de n .8 110 V the County that se. foro001.8 n. Court to mr v1N 1 02810±cet100 authentication vas filed for re.. W a of and duly re o. ma A.D.. the 1 e c 1n v' ffic e th T..i�a .2rof 3:50 o'clock,� . 1. lac �. oop��9�00n1net V • STi6e. of County. �offlce 0..r 1.n y 7e.;. Tex. e the da [ s O1N said t abovewritten. of ty Court CRYSTAL PARK LOT 1 BLOC( A AMENDED R311470 CLASSIC i 34'\ AC R325306 CLASSIC 1 1.770 AC CLASSIC ADDITION R325306 CLASSIC 2 3.084 AC 30282 4 z R311417 'a a, .ie CLASSIC je ' 1 4.414 AC CRYSTAL PARK ESUB. LOT t BLOCK D N R343698 CLASSIC 2 4.006 AC 60px 8069180 00&9140 N. AUSTIN 000A AUSTIN 2187, 7U5 1.302 A0 R372330 2 4.363 AC CRYSTAL sa o •�' PARK OOMMEROE COVE ADDITION REF 3 5 SEC. El R108670 T XU ELEC. CO. 787/154 2.008 AC 16 R055131 TEXAS AVENUE J.V. 1140/518 8.789 AC CRYSTAL PARK BLK E LOT 1 REPLAY DPI SUBDIVISION R362169 1 14.316 AC ROCK CREEK PLAZA SEC. ONE AMENDED R302819 1 CRYSTAL P RK o: R382860 18 17.326 AC W 0 REPLAT R379546 58 7.214 AC .�ailE _a52 78� 0418358 1.53 AC a.s N.f11T<0 ' a 681 AC CRYSTAL PARK R108670 TXU ELEC. CO. 787/154 2.008 AC R372330 2 4.363 AC CRYSTAL a- PAPK D ®E ;lair OF TEXAS COUNTY Of WIL.LIAMSON 51 •� .r.. &{i3 RESTRICTIONS APPLICABLE TO I:OUND ROCK NORTH INDUSTRIAL BUSINESS PARK, SECTION I1 The undersigned, being ill of the owners of the real property known as Round Rocl :North Industrial Business Park, Section II, as shown by plat of record in Volume 12, Page 84 -85 of the Plat Records of Williamson County, Texas, for and in consideration of the mutual covenants existing or hereafter to exist between ;aid owners and future grantees of any lots lying within the boundaries of said Round Rock North Industrial Business Park, Section II, does adopt and place the following restrictions upon any and all sites, lands and lots within the said Round Rock North Industrial Business Park, Section I1, it being the intention or tin undersigned owners tc develop an industrial subdivision and provide the benefits of mutual protection to present and future owners of land within Round Rock North Industrial Business Park, Section 11 in the form of adequate restric- tions so that the present and future owners of land in Round Rock North Industrial Business Park, Section II may continue to use their property for industrial and business purposes. 1. Definitions A. Property - The term property shall include all property located with- in Round Rock North Industrial Business Park, Section II. B. Public Streets - The term public street:; shall include dedicated huhlir streets within the property and shall only include those public streets that have been accepted by tae City of Round Rock. C. Brushy Slope - Tie term Brushy Slope shall mean only Brushy Slope liivestment Corporation, a Texas corporation (dba Round Rock North Industrial Nosiness Park). D. Vehicles - Tha Lrm vehicles shall include automobiles, l.rurl.;, hictors, trailers and any other motor- driven ve'iclr of any type. E. Owner - The term owner shall include ,iny entity, including a person, ..I partnership, a corporat ion, a combination of person, partnerships or corporations and any federal, state or local governmental entity, now or hereafter awning all or any portion of the property. F. Structure - The term structure shall include any building. shed, out- building, accessory building, Fence, or any other facility constructed on or about the property. G. Parking Lot - Th2 !:ernr parking lot shall mean an area paved with either asph:rtt paving or concrete and used for the parking of vehicles. The term shall not include any portion of any public street. 2. Use - The property ald any structure thereon Shall be used only for in- dustrial, conmrercial, manufa warehousing, storage or distribution pur- poses. No part of the property or structures thereon shall be used for residen- tial or habitation purposes. No part of the property shall be used for any pur- pose other than those permitted under City of Round Rock, Texas, zoning designa- tions "1 -2 Heavy Industrial District" and "1 -1 Light Industrial District" as said districts are now designated and defined at the time of filing of this restriction. In the event of changes in said zoning,classifications in the future, such changes will not restrict the use of the property but if additional uses of the property may be nude pursuant to such changes, such uses will be permitted. No part of the property will be used at any time for the manufacture, storage or distribution of any produr,ts or items which will increase the fire or explosion hazard to or the insurance rates applicable to other structures located on the property or adjacent to the property. No use of the p. perty or any structure thereon shall be made which constitutes a nuisance or causes the omission of dust, odor, gas, furies or smoke in excessive amounts so as tc interfer with the use of the remainder of the nropert. No use shall remain of the property which violates any law or ordinance of the United States, the State of Texas, the City of Round Rock or Williamson County, Texd;, so long as said law or ordinance is applicable to the property. •7p' (L.i Ph':_:5114 3. Construction of Structures - The exterior walls of all structures having exterior walls Zthat is, structures other than structures in the nature of fences, open storage or loading platforms, equipment enclosures such as air conditioning +lcilities and the like) shall be constructed of fire proof material such as wick, stone, hollow tile, cement block, precast cement or other aggregate panels or other fire proof material as may be approved in advance by Brushy Slope. All c,nsteuction shall conform to the Building Code of the City of Round Rock in effect at the time of commencement of construction. 4. Observance of Conditions and Casements on Plat - Owners shall observe and conform to all conditions, setback lines, easements and other requirements as found on the plat of Round Rock North industrial Park, Section 11 filed of record in the Plat Records of Williamson County, Texas. 5. Building Lines on Sides of Lots - This shall be a fifteen (15) foot set- back from the side of each ton the property. No structure shall be erected within this fifteen (15) foot setback line. Brushy Slope shall have the right to waive this requirement by the delivery of a written waiver allowing construc- tion of a part'cular structure within said setback lines. 6. Approval of Plans - Before commencing construction or alteration of any structure on the property, the owner or the party proposing to build the structure shall first submit site plans and specifications for the structure to Brushy Slope for its approval. The plans and specifications shall be approved by Brushy Slope if the plans and specifications show that the structure will meet all requirements of these restrictions. If Brushy Slope shall not have given written disapproval of the plans and specifications within thirty (30) days after receipt: of the plan:, and specifications, such plans and specifications shall be deemed approved by Brushy Slope. All structures shall be constructed in accordance with the plans and specifications submitted to Brushy Slope. Brushy Slope shall have the right to assign its power to approve plans and specifications. 7. Storage - No goods, equipment, supplies or other material ',hail be stored on the property in the open except on the rear two - thirds ( nr -'ih Id!. /di storage on the rear two - thirds (2/3) of any lot shall be fencer) with an opaque screen fence at least six (6) feet in height. 8. Parking - Adequate parking lot space shall be provided by Lhe owner of each structure for employees, visitors, customers and tenants. there shall he no public parking on any public street. No vehicle shall he parked on ,ury nor -. tion of any public street while being loaded, uploaded or stored. 9. Signs - Owners shall have the right to L.ect billboards or other adver- tising signs so long as said billboards or signs are used to advertise the busi- ness being conducted on the property. All signs shall be attached to structure, unless prior written approval is received for said signs from Brushy Slope. Notwithstanding this provision, for sale or for lease signs of a temporary nature may be erected anywhere on the property. 10. Condition of Property - The owner of any portion of the property shall at all times keep the property and structures in a safe, clean, presentable con- dition and comply in all respects with all governmental health, fire and police requirements and regulations. Owners will remove at their own expense any rub- bish or trash of any character whatsoever that may accumulate on the property owned by the owners. In the event an owner fails to comply with any or all such specifications or requirements, then Brushy Slope or its assigns shall have the right, privilege and license to enter upon such property and make any and all corrections or improvements or removals that may be necessary to meet such stan- dards and to charge such owner the expenses incurred in doing so. 11. Construction - During construction, tt owner constructing a structure ',hall have the right, notwithstanding any' provision in these restrictions, to store in the open building materials and to make such use of the premises, in- cluding temporary storage on or over setback lines and easements, to facilitate to construction so long as the use of the property does not interfer with the use Hine made of adjoining property. All construction shall be completed with- in one (1) year from the date of its cormrencentent 12. Term of Restrictions - These restrictions shall terminate and be of no further effect at the end of forty (40) years from the first day of June, 1978, provided, that at any time within three (3) years prior to the expiration of said furl;/ (40) year period, the owners of a majority of the property may, by written declaration signed and acknowledged by said owners of a majority of the square feet and recorded i1 the Deed Records of Williamson County, Texas, extend the restrictions contained herein for a period of ten (10) years from the end of the forty (40) year period. 13. Waiver or Modification - Brushjr Slope shall have the right to waive, modify, amend or make exception to the restrictions contained herein in the er special or unusual c rcumstances may warrant, the determination of said or unusual circumslances to be Solely within the discretion of Brushy ,rope or its assigns. Such, waiver, modification or exception shall not invali- date these restrictions. [rushy Slope .shall have no right to waive, modify or amend the restrictions to make said restrictions more restrictive than those that are provided herein without the prior written consent of the owners. No waiver. modification, exception or amendment shall cause any existing structure to be in violation of these restrictions. 11. Enforcement - Brushy Slope or its assigns shall have the exclusive right to enforce these restrictions for a period of three (3) years from the date of recording these restriction >. Brushy Slope may enforce these restrictions by legal action in law or in equity or by any other proper method of enforcement. After three (3) years front the date of recording of these restrictions, Brushy 'hope, its assigns or any owner may enforce these restrictions. Brushy Slope or it.'; assigns shall h,iive ni liability to owners for failing to enforce these ree.1rir:tions. It is the intent of the undersigned that these restrictions are m,:fle for the benefit of any and all owners. Partial Invalidity - The invalidation or any one or more of these re or the failure to enforce any one or more of these restrictions at the time of its violation shall in no event be deemed to be a waiver of the right to enforce the same thereafter or effect or invalidate any other restriction contained herein. LX[CIJTED THIS THE 00/.$ DAY Or , 1978. Brushy Slope Investment Corporation dba Round Rock North Industrial Business Park, Section I1 fro i11L Peet �� U STATE Of TEXAS 1 County of Travis Before me, the undersigned authority: un this day personally appeared, Tom E. Nelson, Jr., President of Brushy Slope Investment Corporation, a corporation, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he e;;ecuted the same for the purposes and consideration - therein expressed, in the capacity therein stated and as the act and deed of said corporation. • Given under my hand and seal of office on the the.J L, day of %7;, me . ). 1'37b. Notary Public in and for Travis County, Texas 1 j t t E t�) t l CHF! V6 r' � ' � . Cinrk or the Count Court of said County, do hereb County of Williamson J I. Dick Cervank a, Y y cerll!v the, the foregoing Instrument in writing, with Ica certiflrate, pt authentication, was flied for record In my office on the 1st .,... day of June ............... D.1,0.7.8. nt 1035, _.,oYaork A .M., and duly recorded this the 1St.... day of Jun @_..,..,.....A. It i0.7 al 1,: 55.. .. ,o'clock 1' .M., in the ... Deed Records or sold County, In yet 713 vv 903 WITNESS MY TIAND and seal of the County Court of Said_ County, al. office In Georgelawn, Texa the dale Iast above written. • DICK CERVENKA, County Court, Williamson Courtly, Texas VOL pp NOTICE d7p cE 154 THE STATE OF TEXAS COUNTY OF WILLIAMSON Prepared by the State Bar of Texas for use by Lawyers only. To o select Me proper form, fin In blank gram, mike oat tpm pro t m ons or I vestal terns tomtituser the practice of law. No - standard fem mn meet all rcqubententx WARRANTY DEED 8113 (LONG FORM) } KNOW ALL MEN BY THESE PRESENTS: That BRUSHY SLOPE INVESTMENT CORPORATION, a Texas corporation, of the County of Travis and State of Texas G,r and in consideration of the sum of _ -__ -- -TEN and NO/100---------($10.00) DOLLARS and other valuable consideration to the undersigned paid by the grantee herein names', the receipt of which is hereby acknowledged, have GRANTED, SOLD AND CONVEYED, and by these presents do GRANT, SELL AND CONVEY unto TEXAS POWER AND LIGHT COMPANY of the County of the following described real property in (continued on the reverse side hereof) and State of Texas , all of Williamson County, Texas, to-wit: 13.303 acre tract of land out of the David Curry Survey, Abstract No. 130 situated in Williamson County, Texas, being a portion of the remainder of that certain 92.85 acre tract convey, td to Brushy Slope Investment Corporation by deed recorded in Volume 579, page 480 of the Seed Records of Williamson County, Texas, and being more particularly described by metes and Ixiunds on Exhibit "A" attached hereto and mode a part hereof. VOL 787rAGE 155 • This conveyance is made and accepted subject to the following easements: ia) Easement dated September 7, 1927 in favor of Texas Power 6: Light Co., recorded in Volume 233, page 463, Deed Records of Williamson County, Texas; Easement dated July 5, 1928 in favor of Texas Power & Light Co., recorded in Volume 239, page 55, Deed Records of Williamson County, Texas; Easement dated January 29, 197 in favor of Texas Power k Light Co. and Southwestern Bell Telephone Co., recorded in Volume 563, page 278, Deed Records of Williamson County, Texas; (d) Clarification of Easement dated August 31, 1976, recorded in Volume 649, page 303, Deed Records of Williamson County, Texas; Easement dated February 2, 1972, in favor of City of Round Rock, recorded in Volume 546, page 476, Deed Records of Williamson County, Texas. Easement dated February 10, 1978, to City of Round Rock, recorded in Volume 699, page 845, Deed Records of Williamson County, Texas. and is further subject to the rights of Brushy Creek Water Control and Improvement District No. 1 to levy taxes and issue bonds; and any portion of the herein described property which falls within the boundaries of a road or roadway; and is FURTHER subject to the following restrictions which Grantor hereby imposes, and said restrictions shall be covenants running with the land, to-wit: 1. The property and any structure thereon shall be used only for industrial, commercial, manufacturing, warehousing, storage or distribution purposes. No part of the property or structures thereon shall be used for residential or habitation purposes. No part of the property shall be used for any purpose other than those permitted under City of Round Rock, Texas, zoning designations "I -2 Heavy Industrial District" and "1 -1 Light Industrial District" as said districts are now designated and defined at the time of filing of this restriction. In the event of changes in said zoning classifications in the future, such changes will not restrict the use of the property, but if additional uses of the property may be made pursuant to such changes, such uses will be permitted. 2. No part of the property will be used at any time for the manufacture, storage or distribution of any products or items which will increase the risk of fire or explosion to other structures located on the property or adjacent to the property or which will increase the insurance rates applicable to said structures. The property may be used, however, for transformer testing. No rse of the property or any structure thereon shall be made which constitutes a nuisance or causes the emission of dust, odor, gas, fumes or smoke in excessive amounts so as to interfere with the use of the remainder of the property. No use shall be made of the property which violates any law or ordinance of the United States, the State of Texas, the City of Round Rock or Williamson County, so long as said law or ordinance is applicable to the property. The exterior walls of all structures having exterior walls (that is, structures other than fences, open storage or loading platforms, equipment enclosures such as air conditioning facilities and like structures) shall be constructed of fireproof material such as brick, stone, hollow tile, cement block, precast cement or other aggregate panels or other fireproof material as may be approved in advance by Grantor. All construction shall conform to the Building Code of the City of Round Rock in effect at the time construction commences. No metal buildings shall be constructed upon or maintained on the property. 4. There shall be a fifteen foot (15') setback from the side of this property and no structure shall be erected within this fifteen foot (15') setback line. Grantor shall have the right to waive this requirement by the delivery of a written waiver allowing construction of a particular structure within said setback lines. 5. Before commencing construction or alteration of any structure on the property, the owner or the party proposing to build the structure shall first submit site plans and specifications for the structure to Grantor for its approval. The plans and specifications shall be approved by Grantor if the plans and specifications show that the structure will meet all requirements of these restrictions. If Grantor shall not have given written disapproval of the plans and specifications within thirty (30) days after receipt of the plans and specifications, such plans and specifications shall be deemed approved by Grantor. All structures shall be constructed in accordance with the plans and specifications submitted to Grantor. Grantor shall have the right to assign its power to approve plans and specifications. 6. No goods, equipment, supplies or other material shall be stored on the property in the open except on the rear two-thirds (2/3) of the property. AB storage on the rear two-thirds (2/3) of the property shall be fenced with an opaque screen fence at least six feet (6') in height. In this regard a chain link fence with redwood slats is permissible. VOL 787)3111156 7. Adequate parking lot space shall be provided by the owner of each structure for employees, visitors, customers and tenants. There shall be no public parking on any public street. No vehicle shall be parked on any - portion of any public street while being loaded, unloaded or stored. 8. Owners shall have the right to erect billboards or other advertising signs so long as said billboards or signs are used to advertise the business being conducted on the property. All signs shall be attached to structures unless prior written approval is received for said signs from Grantor. Notwithstanding this provision, "for sale" or "for lease" signs of a temporary nature may be erected anywhere on the property. 9. The owner of any portion of the property shall at all times keep the property and structures in a safe, clean, presentable condition and comply In all respects with all governmental health, fire and police requirements and regulations. Owners will remove at t',elr own expense any rubbish or trash of any character whatsoever that may accumulate on the subject property. In the event an owner fails to comply with any or all such specifications or requirements, then Grantor or its assigns shall have the right, privilege and license to enter upon such property and make any and all corrections or improvements or removals that may be necessary to meet such standards and to charge such owner the expenses incurred in doing so. 10. During construction, the owner constructing a structure shall have the right, notwithstanding any provision in these restrictions, to store building materials in the open and to make such use of the premises, including temporary storage on or over setback lines and easemetts, to facilitate the construction so long as the use of the property does not interfere with the use being made of adjoining property. All construction shall be completed within one (1) year from the date of its commencement. An extension of time to complete shall be granted under the terms of Paragraph 12 below if owner is diligently prosecuting such construction or for other reasonable cause. 11. These restrictions shall terminate and be of no further effect at the end of forty (40) years from the date of this deed. These restrictions may be extended for a period of ten (10) years from the end of the 40 -year period, provided that within three (3) years prior to the expiration of the said 40 -year period, the owners of a majority of the property shall execute a written declaration which shall be recorded in the Deed Records of Williamson County, Texas. [2. Grantor shall have the right to waive, modify, rmend or make exception to the restrictions contained herein under special or unusual circumstances which shall be solely within the discretion of Grantor or its assigns. Such waiver, modification or exception shall not invalidate these restrictions. Grantor shall have no right to make said restrictions more restrictive than those provided herein without the prior written consent of the owners. No waiver, modification, exception or amendment shall cause any existing structure to be in violation of these restrictions. [3. Grantor or its assigns shall have the exclusive right to enforce these restrictions for a period of three (3) years from the date these restrictions are recorded. Grantor may enforce these restrictions by legal action in law or in equity or by any other proper method of enforcement. After three (3) years from the date of recording of these restrictions, Grantor, its assigns or any owner may enforce these restrictions. Grantor or its assigns shall have no liability to owners for failing to enforce these restrictions. It is the intent of the undersigned that these restrictions are made for the benefit of any and all owners. 14. The invalidation of any one or more of these restrictions or the failure to enforce any one or more of these restrictions at the time of its violation shall in no event be deemed to be a waiver of the right to enforce the same thereafter or affect or invalidate and other restriction contained herein. VOL 78 7PAGE 157 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. its successors heirs and assigns forever; assigns and it does hereby bind itself, its successors and /aeHS' a.Helialid:iarniaidtateE&to WARRANT AND FOREVER DEFEND all and singular the said premises unto the said grantee , its successors heirs and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. EXECUTED THE STATE OF TEXAS COUNTY OF this 20 -Yh day of February `10 SEAL (Acknowledgment) Before me, the undersigned authority, on this day personally appeared Given under my hand and seal of office on this the day of ,A.D.19 80. BRU$Hl' SI.OPE..INY ,STMEN.T..00RPORATION 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. Notary Public in and for ident ,A. D, d9 VOL 7 87PAGE 158 THE F An OF TEXAS COUNTY o.' TRAVIS (Corporate acknowledgment) Before me, the undersigned authority, on this day personally appeared TOM E. NELSON, R. President of Brushy Slope Investment Corporation „. c . ' ',., , • a corporation, known to me to be the person whose name is subscribed to the foregoing instrument, andCackneiVilidged to 'irte that he executed the same for the purposes and consideration therein expressed, in the capacity therein stated and as the act ind died of said corporation. Given under my hand and seal of office on this the tk, da of February D, 9. 80, A P , ZA— c1/4 -ar Notary Public in and for FIELD NOTES OF 13.303 ACRES EXHIBIT I 'A" FIELD NOTES describing a 13.303 acre tract of land out of the David Curry Survey, Abstract No. 130 situated in Williamson County, Texas, being a portion of the remainder of that certain 92.85 acre tract con- veyed to Brushy Slope Investment Corporation by deed recorded in Volume 579, Page 480 of the Deed Records of Williamson County, Texas, and being more particularly described by metes and bounds as follows; BEGINNING FOR REFERENCE at the Northeast corner of said original 92.85 acre tract; thence along the North line of said 92.85 acre tract, S.70 15 1373.45 feet to a point for the Northeast corner and POINT OF BECINNINC of the hereinafter described 13.303 acre tract- THENCE along the East line hereof, S.20 30"E, at a distance of 420.00 feet pass the Northwest corner of a 26.371 acre tract conveyed to Hugh Silberman, Trustee, by deed recorded in Volume 699, Page 745 of said Deed Records, and continue 601.94 f, et, in all a total distance of 1021.94 feet to a point being the Northeast corner of Round Rock North Industrial Business Park - Section III, a R.0.W. Plat recorded in Cabi- net D, Slide 86 -87 of the Plat Records of Williamson County, Texas, and the Northwest corner of Chandler Creek Industrial Business Park - Sec- tion I, a R.0.0. Plat recorded in Cabinet D, Slide 84 -85 of said Plat records; said point being in the North right -of -way line of Texas Ave- nue for the Southeast corner hereof; THENCE along the North right -of -way line of said Round Rock North Industrial Business Park - Section III, the South line hereof, S.70 ° 51'50 "W, 574.77 feet to a point for the Southwest corner hereof; THENCE along the Hest line hereof, N.19'16'0, 1021.82 feet to a point in the North line of said original 92.85 acre tract for the Northwest corner hereof; THENCE along the North line hereof, being the North line of ::aid origi- nal 92.85 acre tract, N.70 °52'E, 559.46 fee' to the POINT OF BEGINNING of the herein described tract, containing 13.303 acres of lard more or less. I, Timothy E. Haynie, A REGISTERED PROFESSIONAL ENGINEER, do hereby certify that these field notes were prefmred Fran maps and records made by others and a partial on - the- ground survey made under my direction and supervision on the 9th day of November, 1979. HAYNIE 6 44141059, INC. Date VOL 787PAGE 159 • Timothy E Haynie Prof essio al Engineer No. 36982 THE STATE OF TEXAS County of Williamson } 1, James N. Boydston, Clerk of the County Court of said County, do hereby cer- tif that the fore writing, / ' my office going instrument in ring, with its ceriiFlcate -Of authentication, was filed for record in ffice on the_ day of Feb' A.D. 19 80 at 1 :30 o'clock p M., and duly recorded this the 25th day of Feb. AD 19' xf -. 9 :05 o'clock A M in the • Deed Records of said County. in 001. 787 p p 154 WITNESS MY HAND and seal of the Couniy,Court of said Comity, at office in Georgetown, Texas, the dale last above written. - 1 JAMES N. BOYDSTON, CLERK, Deputy County Court, Williamson County, c a 1 2 DEED 233 4W02d • • pole onS 4t7 erected in ex6263 of red t=ther, arE •pon Ouch the eel! CacpemT. Its e-e oessore or assigns, 82S11 have tLe right ar.f. the r3-,ht 13 hoheacc (ranted. tc erect torero, 3" :trance, 1,eles and kya aloL, __ 'f: h I ism) do lerdcy 'Zind nyEelf ia,nRelvea). ST ( he: o le:7e1 reOreoc to :warrant one Torerer defender: end elecn:..'er the ei,ove :seer:tad ease,ent And rtzhee the dai: ita au...sera ohC asolro. ccEefost ev=r? ch,na.erer s ' - E cr to claLr the Same or any :art t:.crocf. 7itraSE ovr htaid_ this 31 do: of dac-cst 19E7. Sealed 2.4 delivered is the present, of: 12 SZ:ST erre Eiteess dark: C V Leamberry. 7' STA.2CF TZ:CAS 1 7 ' Cr - 771'7.1 . 111i.:: 1 ;Afore re, C 7 lao eaerry, a rotary .300:1 1.. C for 12.11h.-s. . dey yers refly a?ieerel 2 3 Seth. htotal 23 3,21, ct ,,ceon 9.0 _a_ _a ▪ to ti.e foreEct.. e".t, and acknorlacctd to e t-et a...ow-tee the eau. 3.: • 4240,25 214 cne.sid eratfor t..areir eel I eiven under ay he .c had seal of office this Slot de: o 3 3 C V =SY:MEL 744090 P35112. TC: e3 7 .1:24.3.3 Cc!: / Vefdre C :.orslocrry, roter7 7- thd. fcc 737_21ech 1cu017. 4=:315, on !Ma 4h3 yerecrially ayytared ca3 Seth wife of 1 Seth. known to re hc the persdn 3..ae nara ia to the f.:ra ftstrao,ent. shc flg3.. oeen exan ly an‘' apart froia-her hush:cod, 201 heving• the sere 1-.1117 expleleed to her. nno. Sa.t Se.n. acknayladC4 t'ennnnent to be her act one decd. and declare:. that had • ihe sere for the pur_;38ea and coreldoraticr. atoco . ocC . f.i.ot '7 oh to retract It. ' La.& zeal of cffIce thfa net dray of archst. 1.1-.!:27. C3 Vo 3:5210 c; alllismcco Co:arty. :en... IR ° : 7 4 7:371 CD 1 7. 33?:2,S177de.: That T Trhadcl_ 073_ of -111tarsce Catroty. Teze.s. for she tr cotaidarat c4 • dfcd 3irty Vivo Vellars 7 :". -3 3.3...0) to re (us) in hand r ate Sy Teroa Pcrer Licht 7, _ oe Mohler. :ann., erarn.:d. c..1.:e:. and '-c3 `hese ;yetenta ec ra hr.O. oohaist:dg of rerlahl: nor:ars of - ctrea. arc ell heceseory or desOl_cle , 7.r.citft c tcacce, H-Frehes or poles :cede of wood. hetal otho.e looter:al, tele- I rcn 1.Ic.1: ...to 17 the :la,: C304,V, v,r across end 13 c the . 3..hdd locottd Jr. Co-orlt: halt,- a drecrivt:, of the lex. Cteec cod :oft: Coc an;,' acch-aact • 464 Surv17,,S111/s0son Conctr, Tessa. ••::" srr:Y•rtithr'- DEED r north...it and ...tame. befneer. 2.e land if c rr art 17-.1 Soli , ace, yoLA being 940 feet northwest :6 .1 A E.risdel, 3r S _tleast tin er;; 7.e ce Sou,' 92 at.rees 31 minutes 0.03 94 feet ti serAav etatlern Es? Tlve Ce. Sti- 17 15; 7 1- 177 m1a..64tS 5037 fee6 t- array stet,. 230 ilr iS 0. c. a fond. ift....rd --r7 9 L 9reedel, Sr ro59 5 dna 7 A,le ati-lee.ra 9 7 2 ep'12.1 rye 1 I 713,a Zeginnins ads:. se s-rre. zer.t.ret 5r5 plc; 69. 2U Lair a coir7 •- r - '3n• 7 a 010.60 run:rind 00:15 060 06.2.5 61, 16.0 df 7 A ?,.1e1 eel a resd, nait t r 7 feet :0.37 :9 7 ' To-s29.1 sr et' 7E31 z7r-er; e sdati 50 decrees 3D ciainca rest SI Sitt 31 is .road 'ch.: eke Sanas .owerd. 11=1.1 ad will a-.• or ene sonstreetior 3 cmlatanenee .05014 11re. togeth.r 0135 15. .,t of ingress aid acre., irer t, ierats 6, -- ...it rid:be-if-way Sir tha pus-Anne if no• st,ceinc. res,..struct, • ta2peee3.2, heading nee wires on, 1..aintaincr6 and reaorine said ltne anZ a .7 11,. 1-0,11 date ailanc the =re d.er01 1311 of sail lines; sae r.cht t., rerrarve fn:: awttl leads' tali trees &ad parts tive7007. sn.er , cff.td..,ii• 06 have and to held the above describe.: easeseat ard r'7,-13tv trIto 7 .re aA3A y. tee successors 9na •011t., &ITU: NA 10 lire shall be abandi.ed. 0:15579 tIos 16011flro5 00.060000 poles 9.13 2 :711t r• Ene : ser And / (set do hereby bird resell' tourselvesl. rnir1 hat-, Art efa: -97,Arie-7ecr, ; 1, warrant and faraver defend &15 lAnahr Ilt abovr dr air3.3 ea ease.: ere tad richt, .0: Inc aald. /La ...seesaw, ata sr :ziErs. ads: at ,e2 =+, ti :lair the sane or arq ::,rt. eharetf. Titre:45 e3 o 7 dos 19ze. Sastre! r: delivered t. i dr.,enca of- R 7 Sir-eerie, lases. in t7,3s day yersira..17 niynarcd '7 2,.. Sr. rie to ba 113a . 1.-ad r.aL E d to t2e eakrernloi,a1 tc aa I...at he ertv.tci nee S6=E t 1 Cduntz. Tenec. Zile& fir record Vow 2, 1927 at 13 o' 1,. A Re , 1917 et 10 37. , 1 2:Y USDEL, SR. TO EASEMENT TLY.S PC'T-L & LITAIT 00. Tal Sri= Olf ?SIAS t - - 9-1 c 1 NNIMFALLSOMRBYTEMPRESENTS: mal-. ______ ________ o f WilliArilglm Ts; ha ma in vaesiderMits of__ - - - • (S. 151.0_ 7. le me (mini ..rapid by TEXAS POW= 5 LIGET 0053652. 01D,fls hlmm. have maide& ead s4 coavey. r d. mid hythese p.,54, do gra., ada niamsavey rude the 54 02504. ememea1 of rigthotway fir an electric assamiadoe and di...canine Me. conaving of variable ornibers name 004 .5 aem.amy or &drank applmenamee finanding somas. Hiberms or pain h ...de a mod, metal of other malarial. (ayamen and blegratt =ha, props and ,inp),. or TrES4 Liat io,then Goa along the general mime now looted slid naked out by the sail Coinimm, men corm and arca the folkming described Was imand '- 7.1111audiOn Being a description of the Texas Pores. and Light Compan7es Sound-Roea Georgetocs Transmission Line aa nov einimeyed and location scrons the 1ar4 of N. A.7r,sGiel, is the David Curry our 011l10 COunty,Teras Baginning at survey station 72 7.1ne 45, dace being a point in cent ,r line Of a fence -..,*in Nor:hats t and Southeast tween the 5154 rd of 2.4.1mtadel and C.D. gaulka; 85 14 pcir.t 21105 231 feat Northwest of 2. h.Truadell a-Outline, t corner. Thence North 50 degrees 20 =irate.; Yost 251 feet to survey a tation 21 sloe 26 tc -.enter of a fence dividing the land of '...5.7rundel and • Mad. 1 pole. 8e,73nning, *salsa at soppy Station 59plus 15 same being a point in center line of a fence runnInz Northman! and Soiatheast between the 185d cf 5.1.Trusdel and 5.5.121an; acid point being 45 feet Southeast of S.C.I.r.an.s northeast corner. Thence North 50 degrees 20 rinutes East 9360 feet to survey statisn 92 phis 75 lo er the land of `" Trandcl 000S trSa'Itat 11 poles and 4 goys. Togeascs 1005 n0 right ol sod epos, mu so; (ear; ad;i1tn1 lands to or fro. ism righrofnay tor as ps.rpose of constrseting, reconstrottLng. inspect ta.:Lvellivg, banging ma aim on_ manianine and removine aaid Me end roporlemome. the right to red utvng the lame general On of said lino: the richt to maim, froze mid hulds trims sad ram thereof, or other chess t.ineb caulonger or say interim aith aficiany of mid llos or as appurtenances; 54 (5. ripe of exerchring .11 01505 rtslais hemby (bond. • 70 NAVE AND TO HOLD Shea.. deem end right. ante the mid petthany in successors and &54p& nail said limas]] be abandoned_ Not more than 00 tc 710 .1i-frames 12 _po S—and..4-17i73 GIs 01011. erected elm the come a .104 15. (calm the mid C.sopOnyiSno1100so m maims, ths3 pa . .m 00100 (o), my (oar) bars and leyal ragman:att.. ei the rate of (1 -------- __.) for each inner, E.Frame. tole and go y erected in exam of said nombm and tome .00h payment the said Cormany, its avorvonvon ennent Moll Lave the tight and the nett is hvyiy gratzted, to mot tom. 11458505 polo and r.ye alone said warm in mans 025401 0.50000. . Lad I. (we) do hereby hind =melt (ormelreal. rey (ocri lairy .54 (54 rehremastirea to 1r 1(0( and iorec‘o deved all and singular a. inovo Oescrived este.= and rights mato the min (lengthy. in snmemors .04 0504101. arm01 evezy poor ahmaorrer banal; Marin ea to clan the roma "any pet thereof_ Imd 2711 day cd. 4v1y. 0.2.0 and 4.1108.4 dis p00000 585 . . THE STAYS Or TEXAS, , Camay 01.1111:Lia0a0n for A. Tr5,54e1,5r. i33.11.10,05. and aoknoolalgad Gam team cy 6.001 54 (L3) Pad for record AV day of 4 .4 Emnried . 1" Dept. _ Y. ..Nonaras 2o51 12 in and County, Terra d, this Say ptronanDy raper. •,.ao m me to hc the person_ whose - - .sobseribed to the beep. to me tint 190 _stern:el the nate for the p00000.5 0501 mosidoration dare. camerae& ma I of offish, ttis - -ay of -• -July P. 192A C. 9.Lansberrs. Notary _in cad Count} Texas. YEE STF32 OF TEXAS County pf . ftr ormey, Tema on this dzy pernsaTh rapprred_____ tmz. Mane been examined by me paivily end mem fro. kFr brdiand, and burled the moo folly exPaimni to the, t. iMmosiedged ram i nra-mera to be las aei end deed. and declared tans die had milisely lise alms for the pore.. md considmition. the.. rammed. and that Ebe did at, wok to roma ft. Given make es, haul end mat a offi. thia 1925,5 13 o'5e41 at 10 :29 4 - Chain Com. Mort. Vraimayin Comm, Tema. • vac s' CLARIFICATION OF EASEYHNTS ry 3 L THESE PRESENTS: TH4 STATE ' Or TEIAS 1 COUNTY OF ! ILLIA SON 1 Teas' Power 8 Light Company is the owner of certain rights in connection with electric power lined granted io it by writ- ten instriment dated July S, 1928 by W. A. Trueudel,8r4 which instrusent is reoordod in Vol. 299, Pogo 55, Deed Records of said County, and by written easement dited March 19, ".: 1968 alined by E. L Cervenka and wife, Edith Cervenka, recordled 1a Vol. till, Page 492, Deed Records of said County. The Company and the present owners of the property in question now desire that the width of each easement be clari- fied and specified. NOW, THEREFORE, for good and adequate consideration to it in hand paid, Texas Power & Light Canpany hereby covenants and agrees that its rights under the Trneedel easement referred to above shall be restricted to a total right -of -nay width of thirty (90) feet, being 15 feet on each side of the present centerline of the electric line, and that with reference to the Cervenka easement referred to above the Company hereby covennnta that its rights shall be restricted to a total right -of -way width of fifteen (15) feet, being 7 -1/2 feet on each side of the present centerline of the electric line. EXECUTED this J/ day of August, 1976. T;3LAS POW= & LIGHT OOMPANY NO SEAL '25 By -. • on, President . E OF LLM • pe szeurati. kioim to D$W in,la■!klerihfd and a4" a 0 aid stin 11° 0. _ sa oOnitt". . 'at' and t''''''''-' ':,. . '',1 ".,,,,:•,,. , ''_ -,,, j lif HARD ARD 6114L 01 0 "%:-,- i'e3;;'i" :•," ' . '''''' .11111elt,°. ■ .. axy a Dallas county, ot,-the TEM STATE! OF 1206111 , -"' • o Caaveelm auk ot tbs HotOtitt HOOOtOkAidi HeettD.db berth, totli17'1-,1:1 but null:m*0m imrtgemal =tun& .rith re.d it'i4.7.44.! stets ' • the 1714, asi :2_7 47 - loht ha an P.ed ' akm1"11004150mb2;i3W 'F'v "pp wmass MY HAND sad erel uI tho CouthAbnni INDD ID • dat,last above written. cow*. 4,410114O-Depsdy THE STATE OF TED= ( )� /(�?-1 COUNTY OF WILLIAMSON _ 4 a , on this day personally appeared B.F'ORE ME *�� - known to me to be the Perecna v. oee n: a ? BU Cr •e• n_ •e oregoing instrument and, acknowledged pfmarei.t'hat they the same the OFFICE this l�k : o r o v pressed. A.D., / -- • ' of �� ", NO. 10 Being a ten foot wide permanent easement and a twenty foot wide construction easement across that certain lot, tract, or parcel of lend conveyed by Nels Adana and wife Emilie to Alvin W. and Betty Lee Cox by - deed dated October 20, 1956, and recorded in Volume 414, Page 406, of the deed records of Williamson County, Texas, the centerline of said easements being more fully described as follows, to wit: BEGINNING at a point in said Alvin W. Cox South line. South 43 degrees, 08 minutes West, 7 feet from his Southeast corner; THENCE North 46 degrees, 52 minutes West, 120 feet to a point in said Alvin W. Cox North line South 43 degrees, 08 minutes West, 7 feet fr-omhis Northeast corner for_the end of said centerline. The most westerly line of said Leh foot wide easement to be the centerline of said twenty foot wide easement. Villiameon County, Texas FIELD NOTES FOR A UTILITY EASEMENT FROM ALVIN W. AND BETTY LEE COX TO CITY OF ROUND ROCK, TEXAS THE STATE OF TEXAS 1 �^ COUNTY OF WILLIAMSON 1 KNOW ALL MEN BY THESE PRESENTS: (I) /2:2 f1�' W' That (rstr, cSt. /E F(�k/A o' ameon ,.ounty, 8 ate o oxen ere na ter re err s• to as Grantors, whether one or more, for and in eonalderatto of the sum o- One Dollar ($1.00) cash to Grantors in hand paid by the CSdy of Round Rock, the receipt of which is hereby acknowledged, and the further conelderation of the benefits to be derived Grantors from the sani- tary newer or ua.er lines throMgh the premises hereinafter described, have this day Granted and Conveyed, and b - these reaente do Grant and y - -- - �oavey; unto — the City of RdTOOdZlbek,�a manic ipall eltuate3'Sn =VU�� eon County, Texas, an easement to construct and er etuall maintain sanitary sewer or water lines in, upon and across the following demo rla-. ad land, to -wit: - - - - -- t.+-- + mItkigw°•i % 0 near To t tnar All that certain tract, piece or pal.cel aF land, lying and being situated in the County of Williamson, State of Texas described in EXHIBIT ° A ° attached hereto and made a part hereof for all purposee, to which reference is here made for a more particular description of said property; TO AVE AND TO HOLD the same perpetually to the City of Hound Rock, ▪ its successors and assigns, together with the right and privilege • �y and all times to enter said promisee, or any part thereof, for e purpose of constructing and maintaining said sewer or water lines, o ne for making connections therewith; all upon the condition that the 'Lti of Round Rock will at all times after doing work in connection w i ts, the construction or repair of said sewer or water lines restore vie surface of said premises to the condition in wales the same wag found before such work was undertaken. EXEC'TED IN 141111amson County, Texas, In duplicate on tY,is t r.e _ . ^.r dap of .ji le xrz.z 2. 1, A.D. , / "/72 . yma ^F nF "F AS 7.NTY 01 WILLIAMSON ` 1 c °ORE /' Ci.7 , (ccc; cL , on this day personally appeared ' f 70 « _ , known to me to be the person whose reme is subscr bed to the foregoing instrument and acknowledged to a that he /eia - executed the same for tre purpose and consideration therein pressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 2 .JntL _day_ . A it /x/74, —/ 60TH t•r7 LC F /n4cc 4 A NOTAI PUBLIC 111 and or Willie County, Texas —FS—Et-0—NOTES FOR q UTI LITY EASEMENT FROM Fftis.s ft MR. LESLIE M. F0R8SMAN TO.THE CITY OF ROUND ROCK. TEXAS BEING a 10 foot wide permanent tility easement and a 20 foot wide construction easement on a tract of land out of and a part of the Wiley Harris.. Survey, Abstract No. 298 Williamson County, Texas, and being that certain 93 acre t "'� f.rand conveyed from the Veteran's Lepd Board to Leslie M. r;e,a g"y release dated May 16,'1963, and recorded In Volume 459, Page 544, of the Deed Records of Williamson County, Texas. Said easement being more fully described as follows, to wit: BEGINNING at a point In the South line, North 71 degrees East, 5 feet from the most southerly Southwest corner of said 93 acre tract for the center line of said 10 foot wide permanent utility easement and said 20 foot wide construction easement; • THENCE North 18 degrees, 35 minutes West. 1,647.18 feet to a point in the North line, North 71 degrees East. 50 feet from the Northwest corner of said 93 acre tract for the end of said centerline. e - sip 676 •••• NaP.43 3D-3oas9 TIIE , f OF TF:X eS I 6684 COI \ TY fiv w121{a.0 . KNOW ALL MEN BY IMESF. PRESENT — Th. LeeLte !I Foreman T.a, hereafter called 'G,or." whether onn vs ,„„, oi ----------- nSollesef.1 5 hand said by Teem Power Light Co-roomy of Dallas, Texas, hoe grinned, Bold and conveyed arid ihese prevent, does groot. sell and convey tii the TEXAS POWER 11 I iGIIT COMPANY of Della, Texas raid the Sontheestern.Bell TelaLle Company - 9t. Lods, Missour5 . b ticrrinM. binned Gran., in casement and right of .may for an electric power line cousitaing • .• • 1 ond all &rewire or ,1h& am.rtenanera. riad for a icfmilunic ,,,,,, - apysinenanr, ,ro;r arroo &PA upol7E &MT tn Ehirry - - - - 7 - 7 ---. S7r — veyr - 41;ntreil lin. 13. esas amrs NM c.n in edfrurn to_50i; te - - 360 - c a ortLere limns mold Imd as &lin IWInarime ot a point in GrimitOrNrire - SmtdAYolirt — lieing located 3. 17 T. hit Ft. from Grantors Northwest ,property oorner.forsell d last ro rt 11e and Orantor most Northerly property 31ne. Theme N. - 5 20 E. along en emLetIng Tessa Paver orrlima 35 nge . _ = • - This destaiption is based on o pieliminery survey. and it is understood than Grantec• may robust Ines in earl Irertina • --- • : the hi to errict 0 Dolce 0 stubs, and 2 goy mei:miens .kg An mime ol mid line, mgether isith the right of ingress and ogre.. for the pompom of comanotny, - wf to nnwistojNag e olysystio,-.eilvropsewiis-weiaid,liosamacierppasteinatic.LIIMni&F locale:mid lines la the ettme rektire.ponitioo emx- tottel of and :Alpo mild coed iv •idened - futrite theri tlinee inc.n-ay end loses deer of wild lines rind appurterimeen &es Sid . - To tle desenlved and rights onto the said Ormittee. 11111E01 11111111111, 111111111 1111 rII •u 11111111,111;1 0 1 1•1111 1 1! ; 111111 111i1i11 1111111N —4 1111 . 111111 1 i1V ,, 'ken 11111illir 111 iI!F jjjy 11,11 1,11111111 - HET Et „ ' : L 1111 10 111 • • TELE on, knE The 111 to • ROI Pro loo KNOW ALL MEN BY TI-1ESE PRESENTS : _ _ . count, Tex., heaOinafieT 4 Ciranun. , Um or more, in eerillderadTairof .11 accrue to 6ranTai from the consouvuon of-the elecroc tat. • A ale bow " 11,XAS POWER & LIMIT COMPANY, of Dallea. Texas a the 8 ° 1711 : 1101. SnaiiliEll• —' COXPIIIT bf7r an easerra-nt and eh t of wey foT on elect rk JIM rthution Inc. end 011 fin lakphone and appurie upon over and acnna.Granlues Ind e he Earl= Sete c .0.10 of disillhuvron line and line shall be I ucaied amass laid lend in follows, G. .annTa iran ccioting Tomis•-kesor Company distribution ongli pole aatid at. Etgireer • Survey Station 21.60, .ad pole also located-670-feet south a Grantee. contrast property corner Ord one foot east of Cho 'set right-of-say • • south, &pa along the center Una of • precrorit _Meant ?Pr & Ittghtt Company_ distribution Una, a distance of dar foot roranf7distilluttelo attuhed 712 ift 11 4. Reece . lutp.sed tau. Pause 4 14 Cemperly dletr1 cm doadond pole.sod 1t stream' Mr en-2160, dri!ction ton point of ancherage._. • • de•mibed propertreortmitules no par. honn•slead, '' ....... • • _ .Th npI tiaied on a peellamina Ty nanny. and nil ullandiant That laranteernry s let co/op znaY Teigielli.xny of itsungetures alinnifficliFOCur - 10 0 .bs: andiothIrs xkqf IC/ 01 I soJ Teaaeraing-S lahe lines the male Telirs or pU . Illon rr alln Other ohTiTu n0h,nh n ode tkl Gnomes, mayeiaterfete WilllA anl Ilciation of said lines . . , - ANLITO 110LO the above damealITCtleanzmeni anti light onto thejnidrannleea Tholf theeels OF I V OP 0'1 LL 1 N EAGI:MN5 KNOW ALL XPA 711. YRESERTSi ' Tot'airiTirter ra7r7.76 as whlthu, onc or more, for and in consideration of tno sum of • D ($1.ot) cash to Grantors in hand paid by the City or Round.' • the receipt or which ishereby acknowledged, and the further '• • deration of th i.ofit6 to be derived by Grantora from the attni, Ltry eewer. o water inee through the premises hereinafter described. ive this daj Granted and Conveyed, and by theaepresenta do Grant and :envvy. unto .the City of Round Rock, a municipality situated in 1.3n c:onnty, Texat, an easement to conalruct and perpetually maintain .Lin:tary sewer or water lines in, upon and across the following describ- ,J lid, to All that certain tract, piece or parcel uf land, lying and being situated in the County of Williamson, State of Texas described in EXE1EIT 1 /1" attached hereto and made a part hereof for all ptxposes, to Which reference is here made for e, more particular description of said property; TO HAVE AND ro ECLD the same perpetually' to the City of d.cund Rock, ,Ind its successor) and assigns, together with the right and privilege at an.' and all times to enter said premises, or any part thereof, for' Ito purpose of constructing and maintaining said sewer or water lines, end for makinr connections therewith; all upon the condition that the • of Round Rock will at all times after ding work in contraction with the construction or repair of sale sower or water iines restore r00 sJrfuce of said premises to the c_Ar:itien in widen tate same was • t_ofore ouch work was undertake. Y.X1,.:APED it Williamson County, 'foxes, In durlicate on this . dty or aag /?9, • . . &WM 7' $L 5 rel16or 49 N om boner I) ,/seNueE.d- 3030 t. ( :wt), love (J., i!fon, Round liock. WI:humor [i59 .845 a-NO ▪ STA'31.: IF TEXAS CEUNT7 CP WILLIAMSON • - eh.:! , 0R2 1X Macjorie B. Coss ,- on this day personally appeared 'AIM E. Nelson Jr , known to me to be the person whose nur.e ln subscribed tc CEF17Fegoing instrument and acknowledged to "', • me drat he/she executed the Llama for the purpose and consideration tnert:n exprefeed. GIVEN UNDER MY HARD fiND SEAL or OFFICE this 901 Febrea:D. A.D., 1978 • .• ... PURL u in and or County. Texac.,; / T,E 17. OP TULS CcU1V:"Y WILLIAMSON bi.FCRE.: ME , on this day personally appeared , known to me to be the persons ,7E names are 5ubscribea to the loregoing instrument'and acknowledged' to me that that executed the same for the purposes and consideration therein expressed. 3IVEN UNDER MY BAND AND SEAL OF OFFICE this .1 of A.D., • A NOTA“.. in and tor' Williamson County', Texas • firi9 fv. 846 ) 1 1 ) rim ). I II) A 15 roof W11.4 111 r 7, firm 11 l';1; , poor of aht oof of d h.25 aLre trati ■11 '1 a'. L(Prieyed le Brtr. in Volum X/ P.m. 470 )1 the Deed Records of Oilli.h,on Coohty, 1 casement holy' nej ro. fully described to wit: ' for a LiqA.,lihe of ermemen1 at • loin! on the ioJth pred, at_rh tract 710.20 feet South 70° 3 8.4 4v:t frrrn the Southev..t rOrner ■.1 .o!.1 IK:10 North 14'00' kef,t, 215.22feeL to a point /.5 feet South - of the %I Right- uf Texas Avenue; !awl: south 70 51'50" west. 1379.64 feet more cr lecs to a Wilt cr: the West 1 of Round Rock Nhrth Industrial Pari. fwu. sbfd point ['Pin', 7.5 South of the North Rifiht-of4My ofTexas Avenue. ra..11■4116.111.twaRilaaktislic • "•!. r . za,.0 ; i i . i t . .8' N-.."4 " i Zig;'Ll/ ?/ 1 1 L I - . • X Ir " rs' ,e• .570.“-sp..i•vece-r1 ! /3- e I I- 7'4 217 t P b M P ary P9.0160 .,-1 r i i -. .-. tes 1 i f T t,i ` li 6' 1 I '- ,1 pre =levy 14 t is&de:stood lhel a may l Ifi n _ 'tied lin e gm e eld.1 con e(ler simctioa, intd eti 1 retoeate of f atm m cla afon cmn¢of 1 j f .' f . "� j S • f.. d f 0 ` ; . . ne -& 4 ; ---goq mil 1 al • al+'Irc rr§fit_Qf ss and - foi the. Pub Qf can l impgrviag tfi ticg'mafo I 1aa1 appurl neecer the - right. to Female Itaidiltres lit the _ - jdetjee pod'itton tn.9ny - etted#i Qx, mnd e. a right 12a11 Mats toot �waym c�nra r�a(dtir i'end ivLich. the s o l e dgrnmt of Grantee; may evdartda ere Rith't c proper • - _., A. D. 10..f,. • �. doY Pmnon09 001 fa 108k) bobaerib I to tl�e h V 17111 f•i the purpose. and 1 eratio i ANL S i OF OP1 JCE A`' s. BEFORE bfE, the • nderelge 1 i r CorpofdtiOn to�thc foregoing Imernthent sh 5 7ope Investmen - Lthereof, and 'loi tha L of OFFICE tht. 4 t K. t ' - � ISP4TE 13F TEXAS �'. . . t9 ofd Wl0igmepn }` '. ; . O� °°� ' e 1 ' C ler k of the Court d C do . • .h>• cortIfy that the fo • lorhureink M. w an.,^ naps mrtltiote of au tleatlon: war tttad for reaa►a m7 office cm. ir :ent;i Y,_,.S /: A. oit.T.EL .t .._ 9: (.oL _.. oe=k .sa 4 tw. ie . ' r . p.�!-.. 4y y • li .1a_7_8 at. ._3x 0 - _....o cloak ha tho D d - ' ' .... eemd of r+t4 ty, . vc L. ._ y 102 7 , : : -T, 4, '�thtf "eoueb Co of Cowry, a. oMoo In • ll a D FORM 61 –Rev. 2 -72 THE STATE OF TEXAS j ) COUNTY OF WILLI9MB04 EASEMENT AND RICST -08 -a'AY That BRUSHY Sj G. PE fMVESTMENT CORPORATION. a Texas cprroration, Coda 390-09 WA 1D09 Prof. 3 Taylor District Map No. 2828 -3 KNOW ALL MIEN BY THESE PRESENTS: 3078 or Travis County. Texas, hereinafter called "Grantor." whether one or more. In consideration of s he advantages which will same It Grantor from the construction of the electric dhrdbution We and telephone line hereinafter described. hereby grants 10 TEXAS POWER & LIGHT COMPANY. of Dallas, Texas, and the 00UTEWRS'L BELL 2JD.EPK0lfE L'OMdANY , an eaeentent and right of way for an eleell le distribution line. and at necessary or desirable oppurennnces, and for a telephone Tine and appurtenances, upon over and a rose Grantor's land in the Darid Carry Surrey, Maned No 130 Williamson County. Texan more particularly deaafbed W dead farm Leslid M. Fnrsman. a single man m ..Brushy Slone Investlnnt Corporation dared . O- remb>r_1.— . 19 71 recorded in Volume 579 Pegs 4130 Deed Records of said County. The center line of told dleldtolIon Ilan end lalepaaoe Tine shall be located scram end land as follows: &gioniog at a point in toe South lot line of Lot 2, Block 7, Bound Rook Indent Business Park - said point being 7.5 feet West of the Southeast property corner.; THENCE North 19 degreen, 16 minute° West a distance of 114 feet to a prapoeed Texas Power & Light Company distribution pole and its attached guys - ono gip to extend 28 feet in the small direction to a point of anchorage and the other gip to extend 28 feat into lot 3, 5 feet South of Texas Power & Light Company's 138 KV tranamissiom 11.1e; Retrace 28 feel: to tho above mentioned pole; 100000 Weet 5 feet South of and parallel with the 138 Texas P Power & Light Company trunaminsion easement recorded in Volume 233, age 463 LightY Records a distance of 105.4 feet to the Weet lot line of Lot 2 of enid Beninese Park. The above described property constitutes no pert of my homestead The daermilan h hued un a preliminary survey, and It b understood that Grantees nlay relocate cold Imes N the same general direction before or at any lima after construction, and may relocate any of Its stracmres along the eourw of add lute.. Qantas shall have the right to mat 1 poles, 0 stubs, and 2 guy anchorages along the come of said Iloe, together with the right of urgren and egress for the purpose of construction, Impurving. Inspecting, maintaining. openth% and removing . sold Una and appurtenances: the nght to relocate cold Imes m the cone relative position to tarry 4s®1 road if and when said road is widened in the future, and (Inc right at all times to cut away and keep clear of said lima and appunen• antes alt trees and other obstructions which, In the sole Judgment of Gantem, r®y ndnger. or Intrrfare wi h Ile proper vrokteo- once and operation of odd lines. - - TO HAVE AND TO HOLD the above described easement and right unto the add Genleea. *eh accesses and assign, — Ina afl of raid lines shall be absr.dooed. EXECUTED mhl2Skt_dayof October Ao.l Ste` BRU5H T S ' L „ 0 INVESTMENT CORPORATION • Y o Thar E. IT i t tpi 41 741.noE 252 THE STATE OF TEXAS 1 •aunty af........alildS. CERTIFICATE OF ACKNOWI,T.MCIIIVNT CORPOItATIONS. ASSOCIATIONS, SCI1001. DI ;TRIM'S. ETC. Tom E Jr_ BEFORE ME, tho andel aLthorItY,.thlo rlaY PemmallY Presiden6 porAon(s) wham mm.) Is (err) J.ularribed tu th forrgoin, Inotrurnont, and arknowlorlgod la ma that .....he a - said , Brushy.. SI ope Investment Corporation ' Oies.Ide4L , .11144..4. and for tho purpuoas and runoldoratIon exmooms,I. GIVENS:NI/ER MY HAM. AND ,EAl. OF OFFICE this ... 19th Any D(,tober . . , 78 Notary P.O.Iic Tray s County. Tex,u1 Wanda Primrose . . THE STATE OF TEXAS 1 . ' " . . Comity d y hul L Clolt Cortrk/o Cloak of the Count, Coort et r oold C00011. do hereby cora, that Dm famitaki tartromarrat la wain& 17*17; ...--zi.U00 of kabonecaloo, woo ma go roaa I. .o. ana 00 g. 7nt1 ' a., 0 _Dec.----J:-4 , 'P•.040.0-___emo1k.i.. 11 . mui anr; ran.ami ea .- ( U.___Zatix-iu a__ Dec - il P. ia.6-- in tOn---- _Deed-- --• - - ancent inta County MVPL-26.L.- PP 7 " wrrnssa MY RAND and seli'arprCatmt, Court' fir raid CO.V. a 'aria 0 Gana... Ika _Cepa,'" — Count, Coo* =unman THE STATE OF TEXAS COUNTY OF WILLIAMSON 67723.4/12140 2001004218 13 Pq STORMWATER DRAINAGE A_ND UTII ITY EASEMENT KNOWN ALL MEN BY THESE PRESENTS: THAT Texas Avenue Joint Venture, a Texas general partnership ( "GRANTOR "), for Ten And No /100 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, has GRANTED, SOLD, and CONVEYED and, by these presents, does GRANT, SELL, and CONVEY tmto Round Rock North Partnership, a Texas general partnership (" GRANTEE"), in accordance with the terms and provisions of this instrument, a perpetual STORMWATER DRAINAGE AND UTILITY EASEMENT, and rights of ingress and egress, on and through the following property ("Easement Area "): .03197 acres of land out of the David Curry Survey, Abstract No. 130, Williamson County, Texas, more particularly described on Exhibit "A" attached hereto and made a part hereof for all purposes. In addition to the Easement Area, GRANTEE is hereby granted and conveyed a temporary construction easement 10 feet wide and adjacent to the Easement Area for the initial construction and installation of facilities within the Easement Area. The temporary easement will terminate and be of no further force or effect upon the earlier to occur of (i) completion of initial construction of the facilities by GRANTEE, or (u) three years from the date hereof. GRANTEE will have the right to reasonable access to the surface of the Easement Area and the right to construct, install, and thereafter use, operate, inspect, repair, replace, maintain, reconstruct, modify, and remove (i) a subsurface stormwater drainageway to consist of drainage pipes, storm sewers and collection facilities, and related subsurface drainage structures, and (ii) subsurface utility lines and facilities, including sanitary sewer facilities, to serve the property of GRANTEE described in Document No. 9875750, Official Records of Williamson County, Texas (the "Property"). This Easement is appurtenant to the Property and will be conveyed with the ownership of the Property, even limit expressly referenced in the conveyance document. Upon completion of initial construction of the facilities contemplated by this instrument, and upon completion of any subsequent construction activities by GRANTEE within the Easement Area, GRANTEE must restore the surface of the Easement Area to substantially the same condition as that which existed prior to such construction. GRANTEE agrees to indemnify and hold GRANTOR and GRANTOR'S mortgagee harmless from any liability, claim, cost or expense arising out of or due to GRANTEES construction of facilities within or use of the Easement Area It is expressly understood that GRANTOR and its successors reserve the right to use the Easement Area for all purposes which do not materially interfere with the rights granted hereunder. 1'a 1`I -00 TO HAVE AND TO HOLD the rights and interests herein described unto GRANTEE, and its successors and assigns, forever, and GRANTOR does hereby bind itself and its successors and assigns, to warrant and forever defend, all and singular, these rights and interests unto GRANTEE, and its successors and assigns, against every person whomsoever lawfully claiming, or to claim the same, or any part thereof, subject, however, to all easements and title exceptions of record affecting the Easement Area. 67723./12140 EXECUTED this 1 day of ,lk c.QA'YW..v , 2000. TEXAS AVENUE JOINT VENTURE, a Texas general partnership ACCEPTED AND AGREED: ROUND ROCK NORTH PARTNERSHIP, a Texas Beneral partnership By al dA /. Alan Muskin, Managing Partner STATE OF TEXAS § COUNTY OF WILLIAMSON § CINDY L HARRINGTON Notary RAYS Stele Tan My Cep Brk. SEPTEMBER 17.2003 By: Name: E. e) Title: 0140.47 ;47 At kt3S ,,This instrument was aclmowl ed before mejhe /'/ lay of o ae.47 , 2000, by -WPM ender", . Q _ �s Pm �£ Texas Avenue Joint Venture, a Texas general partnership, on of the p -2- xi Notary lic Signature STATE OF TEXAS § COUNTY OF TRAVIS § Li This instrument was acknowledged before me the ' T da y of 2000, by Alan Mnaki rs, Managing Partner of Round Rock North Partnership, a Texas general partnership, on b•b9lf of the partnership. ADDRESS OF GRANTEE: 5838 Balcones Drive, Suite 100 Austin, Texas 78731 -4206 67723.4/12140 -3- Nom Public Signature OCT -26 -00 16.21 FROM.ARMBRUST BROWN S DAVIS 'D.5124352360 PAGE 5f9 STATE OF 8/iZ4z2J COUNTY OFZitlika9 67723.3110246 CONSENT OF LESSEE Texas Utilities Electric Company, successor by merger to Texas Power & Light Company, as lessee of property that includes the Easement Area described above and as Grantor under that certain Warranty Deed recorded in Volume 966, Page 97, of the Official Records of Williamson County, Texas, in which deed an easement and right -of -way was retained over a portion of the Easement Area described above, does hereby join in the execution of this Stonnwater Drainage and Utility Easement for purposes of evidencing its consent hereto. Executed thisA0 of /"o %len.r, b c , 2000. TEXAS UTILITIES ELECTR OMPANY c By: ,.i.. Nam f M .r Its: JV� § ent was aallow] ed before me the& day of ted,20212eAL_, 2000, f Texas Utilities Electric Company, a -4- tii% ,�XGf�/C1 1! t] 6;W) Notary Publit4ignature ?EdFPLV Ela,NF �Af$Ek N ame —Typed or Printed The Guardian Life Insurance Company of America, as the owner and holder of indebtedness secured by a deed of trust covering the property that includes the Easement Area described above, does hereby join in the execution of this Stormwater Drainage and Utility Easement for purposes of evidencing its consent hereto. Executed this i of STATE OF /V ii i YDRK § COUNTY OF NE1,) YO R k § This instrum MARIA [BABEL MACHADO Notary w,em, site of NWWYak No. 4806179 -:... Cua®bA In tinge Cooly Commission ExpIros 31. 2002 CONSENT OF LENDER 67723.4/12140 -4- , 200. Jai, vary THE GUARDIAN LIFE INSURANCE COMPANY OF AMER! By: Name: Its: was acknowledged before me the fday of J R tt ✓ 4r'I ,200, , 0,4 7,./..44, i of The Guardian Life Insurance Company on behalf of the Col erefl on Notary Public Signature Name -Typed or Printed RECORDERS MEMORANDUM Ali or pun abbe sat on this Firms not dearly leg& 6a1 mammy tem[duien. CRICHTON C A ASSOCIATES CES LAND SURVEYORS le7 NCRTA LAMPASAS ROUND ROCK. TE (A9 512.1444395 ramp tcarse 1212.13 NW/WPM Ps 03214 AOZTDACT DP7a1'm OVi 07 Tali D AVID COLINUDMVIY ANTR CTNO. 170. a WIIAi*70021 COONit. SINAI. RIDVGA IWVATL MAMA= RID =ELM LiIIabtaIT. SAM O.Ul7 ACLL TRACT ALSO WING OUT O7 AN L 717 dot MAC? aLMICIUSTO SR MD TO 'D7EA1 AVM= V. 1 AI 1 • 1 Para, MNa D� MOWN, WIL14e00N COURT% TWA A!0 IO7rota NDI*^w i re Y 111012101122 1YOILTta Alm 70W0eAt70I1O1t7t t Ipds a du Nadi LO.W.la of Tam /maw babe dui 3at8rareaaaaLot 4. Mak4, Taal Rat Want Waal Dorm Pali f a cal T1. a natal in Ca. 0, 31 132. PW lama WOSsaa Casa, Tsaa Sal lambast. atawsits add L717 saataaa;ae Safim aosat adds tract and es POOR 07111011421120. T N10 ahem Ban.laeat Bat 4, Zaad Rook TetusallhamsPak ledon VI, ad the Wan Ilse cage and 3.71r mean. 672.45 tar 0 aa at In aemam walk lam to Normwat tame albs add L777 gam aaaaad>se lennwat arm as 2.4705 way ban dwslbad be deed to T. P. N1lar, h W VOL 966, P7 172, Dena awn, Wlalesa easy, Taw, bail duNoreat =It MI6 mat. THENCE. an at Baas Atha sad Nam trans nd tM Nadi lea ame sad 2.717 as twa the Wats'aw O) owes addlaatar 1) N 70 51JI fen to 14 band found T N4$ 4r 1Y 4.1116 tkto, apaa.hing the Wawa mew atNates 120214118,tatesa Usatarm 400aid LIM sun tra.0e!!lowly two (1)a mused diaaoat I) 14451' 74•W.ld74Onto apant 2) 31P• 1120 631.45 Da to woe to ths Nat /I.O.W. Uri arl a Mesa bans Us 3at0aan caw atNa t an. 1700I03, 3 7C 21. 5T W, wffi Naas]LO.W. One afTassM an. 2206 la to thaTOO T 01 11101200102, ad awash' 0.31W) aim me at lm [baby dray tat ea lama' Dad Lam an papnad eamaasap MUM wad adC mpwathe d we ttw awl wan to M Daraaa al bad Waam s0 badsd sd 11712 4d 0graf :sbm.100@. Hasa 0201017 LP.z.L 4046 EXHIBIT A LILTCN TO AIXOIPAIIT ring NOM FOR 4 O 3197 ACRE TRACT UT OF THE DAVID- CURRY SURVEY, ABSTRACT N0. 130. BEING A PRIVATE DRAINAGE AND UTILITY EASEMENT LOT • CRICH7'ON AND Assoc1eres • LAND BURYCYORS OI L . M TOM 77IS 71•64 lam q� N 7011 1 q � "Iw • 11. P.0.B. --� /SAD 7 T•" '•/• r TEXAS AVENUE 1p°° Q +� T. , . , 0 iw TOLAS 4V, ALT 1 � /D0 G ��c.. /3Dv Tv We / �0 rl FILED AND RECORDED OFFICIAL PUBLIC RECORDS 01- 19- 200xOB:50 AM 2001004218 ANDERSON $23.00 NANCY E. RISTER COUNTY CLERK WILLIAMSON COUNTY. TEXAS WARRANTY DEED ;..1: STATE OF TEXAS 9 V r cal. STY OF WILLIAMSON .LO ) § • VRl 966fOf 125 KNOW ALL MEN BY THESE PRESENTS: That, TEXAS POWER a LIGHT COMPANY, as Grantor, for and in nsideration of the sum of Ten Dollar:: ($10.00) and other good and -al.rable consideration, to me in hand paid by TOM E. NELSON, JR., 70USTEE, Grantee, receipt of which is hereby acknowledged, and for which lien, expressed or implied, is hereby retained, has Granted, Sold and yed, and by these presents do Grant, Sell and Convey _1to the said . .. E. NELSON, JR., TRUSTEE, 800 Norwood Tower, Austin, Texas, 78707, •,,;owing described real property in Williamson County, Texas, to- All that certain lot, tract or parcel of land hhtd in the David Curry Survey Abstract No. 130, i , ia,rson County, Texas, and being a part of that 13.303 acre tract conveyed to Texas Power and .aht Canpany from Brushy Slope Investment Corporation • a ..,.d dated February 20, 1980 and recorded in Volume Pace 114 Deed Records of Williamson County. Tnxns. and neing more particularly described as follows: ,F.ILINNING at the iron pin found at the Northwest coiner :he said 13.303 acre tract. 10 'CCE N -70 °52'00 " -E along the North line of said ]'. 3J'.• acre tract 309.46 feet to a 1/2 inch iron pin net :or corner in same. • S -20 °07'30 " - 350 feet to a 1/2 inch iron pin set rxner. :1ENCE 5 -70 °52'00 " -W 314.70 feet to a 1/2 inch iron pin fe corner in the Best line of said 13.303 acre 7r .3: t. =NC:. •-19 °16'00 " -W along the West line of said tract feet to the place of beginning and containing ,212 square feet or 2.507 acres of land. _PJECT TO all valid easements and rights -of -way in- . ... _ The fcllc -in^, described easement and right- -:as reserved and retained in favor of Grantor, Texas =o::ar & Light Company, its successors and assigns for :ectrical distribution and related purposes: .. TINNING at a 1/2 inch iron pin set for corner in the North line of said 13.303 acre tract of land said corner .king N -70 °52'00 " -E 309.46 feet from the Northwest corner of said 13.303 acre tract of land. OFFICIAL RECORDS . ' T Y DEED - Pane 1 WILLIAMSON COUNTY TEXAS vol 966w 126 THENCE S -20 °07'30 " -E 350.00 feet to a 1/2 inch iron pin E t for corner. T'aNCE S -70 °52'00 " -W 20 feet to a point for corner. THENCE N -20 °07'30 " -W 350.00 feet to a point for corner in the North lire of said 13.303 acre tract of land. THENCE S- 70 °52' 00 " -E 20.00 feet along the North line of said 13.303 acre tract of land to the place of beginning containing 0.161 acres of land. Such easements reserved to Grantor shall include and all necessary and desirable appurtenances and attach- ments, over, across and upon the land herein conveyed, together with the right of ingress and egress over and along the above described right of way, and over Grantee's adjacent lands to or from said right of way, for the purpose of constructing, operating, improving, reconstructing, repairing, relocating, inspecting, patrolling maintaining and removing such electric power and communication lines as Grantor may from time to time find necessary, convenient or desirable to erect thereon, the right to trim and cut down trees and shrubbery to the extent, in the sole judgment of the Grantor, necessary to prevent possible interference with the operation of any of said lines or to remove possible hazards thereto, and the right to remove or prevent the construction on said right of way or all buildings, structures or obstructions. If any such buildings, structures or obstructions are constructed or permitted by Grantee to exist on said right of way without prior written consent of Grantor, then the Crantor 11 the rjyhL Lo ceoLove same irom such land and Grantee agrees to pay to Grantor the reason- able cost of such removal, and this agreement, together with the other provisions of this grant, shall con- stitute a covenant running with the land for thr. benefit of the Grantor, its successors and assigns. The right- hereby reserved are severable and may be assigned either in whole or in part. Grantee shall have the right to use said land, subject to the easement herein reserved, provided such use shall not include the growing of trees thereon or any other use that might, in the sole judgment of Grantor, interfere with exercise by the Grantor of the rights hereby reserved. Grantee shall have the right to erect fences not more than 8 feet high across and upon said land, provided all such fences shall have gates, open- ings or removable sections at least 10 feet wide which will permit Gran =or reasonable access to all parts of said land. FURTHER SUBJECT TO the lien for taxes not yet due and Sayable. FURTUCR CUBJCCT TO that crrtain Lease -dated Nover ,,er 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 TOM E. NELSON, JR., TRUSTEE, and his heirs and WA^.RANTY DEED - Page 2 a:;signs forever; and TEXAS POWER & LIGHT COMPANY hereby binds itself, its successors and assigns to Warrant and Forever Defend all and singular the said premises unto said TOM E. NELSON, JR., TRUSTEE, his r.•'Irs a,.d assigns, against every person whomsoever lawfully claiming, ?. co claim the same or any part tnereof. EXECUTED at a- - N - ; Texas, this I - day of • > s. 1983. . toat: :: OF TEXAS _.•...Y OF DALLAS WARRANTY DEED - Page 3 w il. 966rdnt 127 TEXAS POWER & LIGHT COMPANY By T� Title Vice Pres.i,delL_ instrument was acknowledged before me on the _jz of , 1983, by Tom Blakey, Vice President of TEXAS POWER 5 LIGHT COMPANY, a Texas Cor- .0 .,rion, on behalf of said corporation. Notary Pub State of f'fexas My Commission Expires: S luireG /jl STATE OF TEXAS COUNTY OF WILLIAMsJx I hereby certify that this Instrument was TILE, on the date end at the time stamped hereon ky me, and was duly RECORDED. in the Volume and 'co a of the named RECORDS of Williamso, Lawny. Texas, as stomped hereon by me, tm PAM 2 0 1984 COUNTY CLERK WILLIAMSON COUNTY, TEXAS S y W • (QNC. br? A{N ( -7 0 CONC. SLAB 0 0 CONC Li 1 STORY BRICK 0 RAmP L U") -J ; 18. 0 LTT RAM 15' P.U.E, (PLAT) 1.• : (!.5 J 9 7 vi 32.3 BRICK K r SIGN PED 2 D.2 ONC. DRAIN I 8' : /6' ALUM. BLDG 1 1 • 7 L _ 15 P.U.E. (PLAT) 15' B.L. (PLAT & 787/154) R 50,00 D. 74'4114" A =--: 65.18 N19°16'24W 60.66 (N19•16'00N 60.00) 15' P.U.E. (PLAT) • ;•', A .11` 1 1 0 -- v' 15' (PLAT) A r r ; 1 COVMERCE BLVD. N70°43'08E 32.21 1170"52'30”E 32.21) R = 20.00 D = 44°9'30" A 7- 15.41 N150°13'34"E 15.04 (N48"40'00"E 15.12) REFERENCE: City of Round Rock G.F. NO.: 138103RR DATED: Oct. 10, 2002 LE) I 2 (N70`52 120.65) N70°47 120.65 To: Commonweallh Land Title Cornjny • R = 50.00 D = 96°59'35 A = 34,64 S74°5312"W 74. (575*05 75.05) PARKtNC ASPH AL P ARK NC 9 exclusively. The undersigned does hereby certify that the plat shown represents the results of a survey on the ground under my supervision and is true and correct and that there are no discrepancies, conflicts, shortages in area, boundary line conflicts, encroachments, overlapping of improvements, visable utility easements, except as shown and the property has acces to and from a dedicated roadway. • as shown on Community Panel NumberiarO4i3 010 C of the FLOOD INSURANCE RATE MAP prepared for_Cit of Round Rock by the Federal Insurance Administration Department, I-I.U.D. Effective Date: i: N7051 53.85 (170'51'59"E 53.85) 6 0 02_440 The property shown hereon is located in Zone A Areas outside the 5oo ear floodplain 0\17051'42"E N70°51 '42"E C BEARING B•iiIS N68 (N68'45'29"E REVISED: 110V. 12, 2002 40 309.46) 309.41 260.77 260.86 20 GRAPHIC SC,A LE 60 ( IN FEET ) • 1 inch = ft. 9 160 SURVEY OF 2.8920 ACRES. OUT OF THE DAVID CURRY SURVEY, ABSTRACT NO 130 IN WILLIAM5ON COUNTY, TEXAS, ,BEING LOT 7, BLOCK "7", ROUND ROCK NORTH INDUSTRIAL BUSINESS PARK, SECTION FIVE AS RECORDED IN CAB. D, SL. 296, PLAT RECORDS, WILLIAMSON COUNTY, TEXAS AND LOT 1, BLOCK "A" COMMERCE COVE ADDITION, AS RECORDED IN CAB. V, SL. 144, PLAT RECORDS, WILLIAMSON COUNTY, TEXAS '40 TES: 1) SUBJECT 1 RES TRICTION'S RECORDED iN vOL. 7' .3, PG. 903, VOL 787, PC. 154, DEED RECORDS, VOL. 966, PC. 125, OFFICIAL RECORDS, AND CAB. D, St. 2% AND CAB. V, SI_ 144, PLAT REcoRn, wILLJA,isoN, courvy, 'rExAs 2): EASEMENTS RECORDED IN VOL 233, 0 C. 463, VOL 244, PG. 463, VOL. 2.39, PG 55, VOL. 649, PG. 303, VOL 546, P(.3. 476, VOL. 5€!3, PG 278, vOL. 741, PC. 251, VOL. 710, PG 102, AND VOL. 6'99, PG: 845 AND DEED RECORDS, OFFKI AL RECORDS, WILLA At‘ASON OOUN ry, TEXAS, DO NOT APPLY TO D-1l5 TR ACT, LEGEND * oN R00 FOUND 0 ; /2 IRON ROD Si " (7.0 r 4 CONC. FY:JUND , )wt R POLE GUY 'MR E FIRE YDRAN T WATER kiE rEP tWA TER VAL A_ Et) SEWER CLEANDUT (L/SANI TAR Y SEWER MANii()LE UTILITY PEDESTAL LC] CONC. PAD 'NI T1-4 ELEC. '4000EN itNeE 0 ---- a CHAiN LINK FENC( WIRE FENCE E - E OVERHE AD ELECTRIC LINE ) RECORD INFORMA 'MN RICHTON AND ASS OCI A'TES LAND SURVEYORS 107 11, LAM ASAS ROUND ROCK, 'TEXAS 786(4 <512) 244-3395 F AX (512) 244 LOT 7 BLK. "7", ROUND ROCK INDUSTRIAL BUSINESS PARK, AND LOT' BLK. "A", COMMERCE COVE ADDITION DATE: Oct.. 25, 2002 • SCALE:: 1" = 40' JOB NO. DWG. NO. 02_440