R-87-1060 - 10/22/1987Whereas, the City of Round Rock and Round Rock Partners wish to
consent to the redemption of a portion of the Round Rock Industrial
Development Corporation $4,595,000.00 Industrial Development Revenue
Bonds (Municipal Complex) Series 1985, and
Whereas, as a result of said redemption, the City of Round Rock
and Round Rock Partners also agree to a partial termination of the
Ground Lease and Office Lease which were executed in connection with
the project financed by the subject bonds, Now Therefore,
Be It Resolved By The Council of The City of Round Rock, Texas
that
The Mayor is hereby authorized to execute any and all documents
necessary for the partial redemption of the aforesaid bonds and to
partially terminate said Ground Lease and Office Lease.
Resolved this 7So' day of October, 1987.
Attest:
414 //// ' .1LL
C17RESOLUTION
Land, City Secretary
Resolution No. / 06 02
rr�
Mike Robinson, Mayor
ALBION PROPERTY CORPORATION
City of Round Rock
221 East Main Street
Round Rock, Texas 78664
Attention: Mr. Sam Huey, Assistant City Manager
Gentlemen:
Enclosed please find Round Rock Partners' Final Cost Breakdown for
the City Hall Complex.
You will notice the inclusion of Soft costs /contingency in the amount
of $13,000.00 which is intended to cover any miscellaneous post -
completion costs such as legal fees incurred for defeasance of unused
Series "A" Bonds. Any unspent monies will be flow directly to the City.
Initial debt service ( "Rent ") is calculated as follows:
BUILDING "A" AND CITY COUNCIL CHAMBERS
Final cost
Annual debt service factor
Annual rent
PARKING GARAGE
Re: Round Rock City Hall Complex
Monthly garage rent is therefore $8,742.85
Per diem garage rent is $287.44
y � 2 c- / s3 7 .
$2,011,618.00
9.16%
$ 184,264.21
Monthly rent is therefore $15,355.35 or $.63 per square foot.
Per diem rent is $504.84
Based on the building area of 24,500 square feet, final cost is $82.11
per square foot. This is an excellent cost even before considering
the inclusion of the Council Chambers, garage,storage and overall
quality of finish.
Final cost $1,145,351,00
Annual debt service factor 9.16%
Annual rent $ 104,914.16
(approximately $525.00 per parking space)
2830 East Third Avenue Denver, Colorado 80208 303/399-3500
-2-
BUILDING "C" SITE IMPROVEMENTS AND BOND COSTS
Final cost
Annual debt service factor
Annual cost
Monthly cost is therefore $1161.10
Per diem cost is $38.18
The enclosed final cost breakdown and the above rental amounts are
presented subject to ratification and agreement by the City and MBank
Austin. At that time all parties will be expected to "sign off" on
the revisedrrental amounts as stated in the previously executed rental
adjustment agreement.
Rent will be payable as and when payments are due under the bond
agreement. We understand that the next payment will be due on
February 1, 1988. We calculate that amount as follows:
Building "A" and Council Chambers
Parking Garage
Building "C" site costs
PRC /men
Enclosure
cc: Mr. Chris Crouch, MBank Austin
Mr. Marty Shelton
Yours sincerely,
$ 152,108.00
9.16%
$ 13,933.10
$ 97,685.35
55,618.92
7,386.53
$160.690.80
This amount assumes a lease commencement date of August 21, 1987 and
may vary slightly from MBank's number due to different methods of
calculation.
We also recommend defeasance of the unused balance of Series "A" Bonds
as soon as possible to avoid any additional negative arbitrage. We will
be working with MBank to establish the exact amount of bonds available
for defeasance but will wait to hear from the City as to its firm
intention.
If you or any City Council members have any questions, please do not
hesitate to call me.
ALBION PROPERTY CORPORATION
for Round Rock Partners
By Paul R. Cronk, President
ALBION
DATE: October 20, 1987
SUBJECT: Council Agenda, October 22, 1987
ITEM: 12C. Consider a resolution authorizing the Mayor to execute
documents for release of City Hall Annex from lease
with Round Rock Partners and MBank:
STAFF RESOURCE PERSON: Sam Huey
STAFF RECOMMENDATION:
This resolution will discontinue the
City Hall Annex Lease by Round Rock
Partners and return control of the
City of Round Rock. The City will
be liable for assumption of debt
service on the $152,108 spent of
series "A" bond proceeds toward
development of the building "C"
site. The approximate monthly cost
of debt service will be $1,161.10.
These numbers are being verified
at this time (see attachment) and our
attorney will have the final documents
this Thursday, October 22.
STEPHAN L SHEETS
KEVIN HENDERSON
CHARLES D CROSSFIELD
STEVEN C. COPEN HAVER
Mrs. Joanne Land
Assistant City Manager/
City Secretary
City of Round Rock
221 E. Main Street
Round Rock, TX 78664
Dear Joanne:
SLS /gj
Enclosures
STEPHAN L. SHEETS & ASSOCIATES, P.C.
ATTORNEYS AT LAW
309 E MAIN STREET
ROUND ROCK. TEXAS 78664
November 5, 1990
Re: Purchase of City Hall and parking garage
TELEPHONE
(512) 255 -8877
FAX
(512) 255-8986
Enclosed please find the following documents related to the above
referenced transaction:
1. Owner's title policy in the amount of $1,595,000.00,
2. Three (3) original Termination of Leases,
3. Original Release of Lien,
4. Original Fiduciaries Notice of Change of Names, and
5. Two (2) copies of Termination of Financing Statement.
Sincer -ly,
Stephan L. Sheets
T -1 Owner Policy —Form Prescribed by State Board of Insurance of Texas — Revised 3 -1 -1985
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STEWAIIT TITLE
GUARANTY COMPANY
STEWART TITLE GUARANTY COMPANY, a Texas corporation, hereinafter called the Company, for value does hereby
guarantee to the Insured (as herein defined) that as of the date hereof; Insured has good and indefeasible title to the
estate or interest in the land described or referred to in this policy. k i
The Company shall not be liable in a greater amount than the actual monetary loss of the Insured, and in no event shall
the Company be liable for more than the amount shown in Schedule A hereof, and shall, except as hereinafter stated, at its
own cost defend the Insured in every action or proceeding on any claim against, or right to the estate or interest in the land,
or any part thereof, adverse to the title to the estate or interest in the land as hereby guaranteed, but the Company shall
not be required to defend against any claims based upon matters in any manner excepted under this policy by the excep-
tions in Schedule B hereof or excluded by Paragraph 2, "Exclusions from Coverage of this Policy ", of the Conditions and
Stipulations hereof. The party or parties'entitled to such defense shall within a reasonable time after the commencement
of such action or proceeding, and in ample'time for defense therein, give the Company written notice of the pendency of
the action or proceeding, and authority to defend. The Company shall not be liable until such adverse interest, claim, or
right shall have been held valid by a court of last resort to which either litigant may apply, and if such adverse interest,
claim, or right so established shall be for less than the whole -of -the estate or interest in the land, then the liability of the
Company shall be only such part of the whole liability limited above as shall bear the same ratio to the whole liability that
the adverse interest, claim or right established may bear to the whole estate or interest in the land, such ratio to be based
on respective values determinable as of the date of this policy. In the absence of notice as aforesaid, the Company is re-
lieved from all liability with respect to any such interest, claim or right; provided, however, that failure to notify shall not
prejudice the rights of the Insured if such Insured shall not be a party to such action or proceeding, nor be served with pro-
cess therein, nor have any knowledge thereof, not in any case, unless the Company shall be actually prejudiced by such
failure.
Upon sale of the estate or interest in the land, this policy automatically thereupon shall become a warrantor's policy
and the Insured shall for a period of twenty -five years from the date hereof remain fully protected according to the terms
hereof, by reason of the payment of any loss, he, they or it may sustain on account of any warranty of title contained in the
transfer or conveyance executed by the Insured conveying the estate or interest in the land. The Company shall be liable
under said warranty only by reason of defects, liens or encumbrances existing prior to or at the date hereof and not excluded
either by the exceptions or by the Conditions and Stipulations hereof, such liability not to exceed the amount of this policy.
IN WITNESS HEREOF, the STEWART TITLE GUARANTY COMPANY has caused this policy to be executed by its
Chairman and President under the seal of the Company, but this policy is to be valid only when it bears an authorized
countersignature, as of the date set forth in Schedule A. -
Chairman of the Board
Countersigned.
STEWART TITLE
GUARANTY COMPANY
President
581 (Rev. 3.1 -85)
Nor 0- 5801.7 719 5 8
1. Definitions
The following terms when used in this policy mean:
(a) "land ": The land described, specifically or by reference, in
Schedule A, and improvements affixed thereto which by law
constitute real property.
(b) "public records ": Those records which impart constructive
notice of matters relating to the land.
(c) "knowledge ": Actual knowledge, not constructive knowledge
or notice which may be imputed to the Insured by reason of any
public records.
(d) " date ": The effective date, including hour if specified.
(e) "insured ": The Insured named in Schedule A and, subject to
any rights or defenses the Company may have had against the named
Insured or any person or entity who succeeds to the interest of such
named Insured by operation of law as distinguished from purchase,
any person or entity who succeeds to the interest of such named
Insured by operation of law as distinguished from purchase including
but not limited to the following:
(i) heirs, devisees, distributees, executors and administrators;
(ii) the successors in interest to a corporation resulting from
merger or consolidation or the distribution of the assets of such
corporation upon partial or complete liquidation;
(iii) the partnership successors in interest to a general or
limited partnership which dissolves but does not terminate;
(iv) the successors in interest to a general or limited partner-
ship resulting from the distribution of the assets of such general or
limited partnership upon partial or complete liquidation;
(v) the successors in interest to a joint venture resulting
from the distribution of the assets of such joint venture upon partial
or complete liquidation;
(vi) the successor or substitute trustee of a trustee named in a
written trust instrument; or
(vii) the successors in Interest to a trustee or trust resulting
from the distribution of all or part of the assets of such trust to the
beneficiaries thereof.
2. Exclusions from the Coverage of this Policy
THE POLICY DOES NOT INSURE AGAINST LOSS OR DAM-
AGE BY REASON OF THE FOLLOWING:
(a) LACK OF ADEQUATE TITLE IN THE INSURED PROP-
ERTY TO ALLOW IT TO BE USED, SOLD, TRANSFERRED,
LEASED OR MORTGAGED FOR ANY PURPOSE INTENDED BY
THE INSURED NOR LOSS OF OPPORTUNITY OR ECONOMIC
EXPECTATION.
(b) Governmental rights of police power or eminent domain
unless notice of the exercise of such rights appears in the public
records at the date hereof; and the consequences of any law,
ordinance or governmental regulation including, but not limited to,
building and zoning ordinances.
(c) Any titles or rights asserted by anyone including, but not
limited to, persons, corporations, governments or other entities to
tidelands, or lands comprising the shores or beds of navigable or
perennial rivers and streams, lakes, bays, gulfs or oceans, or to any
land extending from the line of mean low tide to the line of
vegetation, or to lands beyond the line of the harbor or bulkhead lines
as established or changed by any government, or to filled -in lands, or
artificial islands, or to riparian rights, or the rights or interests of the
State of Texas or the public generally in the area extending from the
line of mean low tide to the line of vegation or their right of access
thereto, or right of easement along and across the same.
(d) Defects, liens, encumbrances, adverse claims, or other matters
(1) created, suffered, assumed or agreed to by the Insured; (21 not
known to the Company and not shown by the public records but
known to the Insured either at the date of this policy or at the date
the Insured acquired an estate or interest insured by this policy and
not disclosed In writing by the Insured to the Company prior to the
date such Insured became an Insured hereunder; (3) resulting in
no loss or damage to the Insured; (4) attaching or created subsequent
to the date of this policy; (5) resulting in loss or damage which would
not have been sustained if the Insured had paid value for the estate or
interest insured by this policy; or (6) the homestead or community
property or survivorship rights, if any, of any spouse of any Insured.
GENERAL CONDITIONS AND STIPULATIONS
3. Defense and Prosecution of Actions
(a) In all cases where this policy provides for the defense of any
action or proceeding, the Insured shall secure to the Campany the
right to so provide defense in such action ar proceeding, and all
appeals therein, and permit it to use, an its option, the name of the
Insured for such purpose.
(b) The Company shall have the right to select counsel of its own
choice whenever it is required to defend any action or proceeding,
and such counsel shall have complete control of said defense.
(c) The Company shall have the right at its own cost to institute
and without undue delay prosecute any action or proceeding or to do
any other act which in its opinion may be necessary or desirable to
establish the title to the estate or interest as insured, and the
Company may take any appropriate action under the terms of the
policy, whether or not it shall be liable thereunder, and shall not
thereby concede liability or waive any provision of this policy.
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 which is not excluded or excepted from the coverage of this
policy, the Company shall promptly investigate such charge to deter-
mine whether the lien, encumbrance, adverse claim or defect 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
the policy. If the Company concludes that the lien, encumbrance,
adverse claim or defect is not covered by this policy, or was other-
wise addressed in the closing of the transaction in connection with
which this policy was issued, the Company shall specifically advise
the Insured of the reasons for its determination. If the Company
concludes that the lien, encumbrance, adverse claim or defect is
valid, the Company shall take one of the fallowing actions:
(1) institute the necessary proceedings to clear the lien, encumbrance,
adverse claim or defect from the title to the estate as insured;
(21 indemnify the Insured as provided in this policy; (31 upon
payment of appropriate premium and charges therefor, issue to the
current Insured 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 current
value of the property or, if a mortgagee policy, the amount of the
loan; (4) indemnify another 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; (5) secure a release
or other document discharging the lien, encumbrance, adverse claim
or defect; or (6) undertake a combination of 1. through 5. herein.
(d) 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 such 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.
(e) Whenever requested by the Company, such insured shall give
the Cbmpany all reasonable aid in any such action or proceeding, in
effecting settlement, securing evidence, obtaining witnesses, or
prosecuting or defending such action or proceeding, and the Company
shall reimburse such insured for any expense so incurred.
(f) Any action taken by the Company for the defense of the
Insured or to establish the title as insured, or both, shall not be con-
strued as an admission of liability, and the Company shall not thereby
be held to concede liability or waive any provision of this policy.
4. Payment of Loss
(a) No claim shall arise or be maintainable under this policy for
liability voluntarily assumed by the Insured in settling any claim or
suit without written consent of the Company.
(b) All payments under this policy, except payments made for
costs, attorney fees and expenses, shall reduce the amount of the
insurance pro Canto; and the amount of this policy shall be reduced
by any amount the Company may pay under any policy insuring the
validity or priority of any lien excepted to herein or any instrument
hereafter executed by the Insured which is a charge or lien on the
T -1 Owner Policy Schedules -Form Prescribed by State Board of Insurance of Texas - Revised 3 -1 -1984
5812 /3(Rev 3 -1 -90)
GFNo. GF 90016485 6H
Owner Policy No 0 771958 A
SCHEDULE A
NAME OF INSURED• CITY OF ROUND ROCK
Amount $1,595,000.00
1. The estate or interest in the land insured by this policy is (Fee Simple, Leasehold, Easement, etc. -
Identify or Describe) AS TO TRACTS I, II & III: FEE SIMPLE; AS TO TRACT
IV: EASEMENT ONLY
2. The land referred to in this policy is described as follows:
BY
Date of Policy: August 06, 1990
TRACT I: Lots 1, 2, 3, 4, and 5, Block 10, of CITY OF ROUND
ROCK, Williamson County, Texas, according to the map or plat
thereof recorded in Volume 25, Page 314, Deed Records, and in
Cabinet A, Slides 190 -191, Plat Records, Williamson County,
Texas.
TRACT II: Lots 6, 7, 8, 9, and 10, Block 10, of CITY OF ROUND
ROCK, Williamson County, Texas, according to the map or plat
thereof recorded in Volume 25, Page 314, Deed Records, and in
Cabinet A, Slides 190 -191, Plat Records, Williamson County,
Texas.
TRACT III: Lots 13, 14, 15, and 16, Block 10, of CITY OF ROUND
ROCK, Williamson County, Texas, according to the map or plat
thereof recorded in Volume 25, Page 314, Deed Records, and in
Cabinet A, Slides 190 -191, Plat Records, Williamson County,
Texas.
TRACT IV: Being a 30' wide construction easement reverting to a
15' wide permanent easement across a 6.12 acre tract out of the
WILEY HARRIS SURVEY, Abstract No. 298, in Williamson County,
Texas, and being more fully described by metes and bounds in
Continued on next page
This policy is subject to the Conditions and Stipulations hereof, the terms and conditions of the leases or
easements, insured, if any, shown in Schedule A, and to the fallowing matters which are additional exceptions from the
coverage of this Policy.
1. The following restrictive covenants of record itemized below (insert specific recording data or state "None of
R NONE OF RECORD
2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments, or any overlapping of
improvements.
3. Standby tees and taxes for the year 19 90 and subsequent years, and subsequent assessments for prior years
Fold due to change in land usage or ownershm see below
4. The following hen(s) and all terms, provisions and conditions of the instrument(s) creating or evidencing said
lien(s).
5. AS TO TRACTS I, II AND III: Easement dated May 4, 1976,
executed by Farmers State Bank of Round Rock to Mid -Tex Farm
Supply Cooperative, recorded in Volume 634, Page 509, and
transferred to Co -Op Joint Venture by instrument dated January
29, 1982, recorded in Volume 867, Page 859, Deed Records,
Williamson County, Texas.
Countersigned GEORG w_ TITL COMPANY, INC.
Aemonzed Counter nature
SCHEDULE B
Continued on next page
Sri' h W A RT TITLE
GUARANTY COMPANY
Fold
t ach`g94b had a part of Stewart Title Guaranty Company Policy No.
0 -5801- 771958 A
Continuation of Schedule
PROPERTY DESCRIPTION CONTINUED
Exhibit "A" attached hereto and made a part hereof.
6. AS TO ALL TRACTS: The rights of Brushy Creek Water Control and
Improvement District No. 1 to levy taxes and issue bonds.
7. AS TO TRACTS II AND IV: Easement from Wallace Luersen dated
August 14, 1972, recorded in Volume 565, Page 380, Deed Records,
Williamson County, Texas.
8. AS TO TRACT IV: Easement dated December 22, 1936, from Anton H.
Berkman to Texas Power & Light Company, recorded in Volume 281,
Page 536, Deed Records, Williamson County, Texas.
9. AS TO TRACT IV: Easement dated December 17, 1938, from Anton H.
Berkman to Lone Star Gas Company, recorded in Volume 294, Page
462, Deed Records, Williamson County, Texas.
10. AS TO TRACT IV: Easement dated March 23, 1942, from Anton H.
Berkman to Lone Star Gas Company, recorded in Volume 311, Page
455, Deed Records, Williamson County, Texas.
11. AS TO TRACT IV: Easement dated April 27, 1950, from E. B.
Burkland and wife, to Texas Power & Light Company, recorded in
Volume 367, Page 433, Deed Records, Williamson County, Texas.
12. AS TO TRACT IV: Blanket easement dated December 10, 1938, to
Lone Star Gas Company, recorded in Volume 294, Page 460, Deed
Records, Williamson County, Texas.
13. AS TO TRACT IV: Any right, title, interest or claim of any
character had or asserted by the State of Texas or by the public
generally in or to any portion of the herein described property
which may lie within the bed or between the cut banks of a
stream navigable in fact or in law or of a perennial stream.
14. AS TO TRACT IV: We do not insure rights of ingress and egress
to this easement.
15. AS TO TRACT IV: Wastewater Line Easement dated June 28, 1990,
from Wallace L. Luersen and wife, Jo Ann Luersen to City of
Round Rock recorded in Volume 1919, Page 107, Official Records,
Williamson County, Texas.
16. Rights of parties in possession.
17. Visible and apparent easements, if any.
*including taxes levied by Brushy Creek Water Control and
Improvement District No. 1.
203.A -T
Page
STEWART TITLE
GUARANTY COMPANY
ETIIBIT A
FIELD NOTES
BEING a 30 foot wide construction easement reverting to a 15 foot wide
permanent easement upon completion of construction for a wastewater line,
together with all necessary manholes and fittings, across that certain 6.12
acre tract of land out of the Wiley Harris Survey, Abstract No. 298,
Williamson County, Texas, described in a deed to Wallace L. Luersen recorded
in Volume 484 at Page 246, Deed Records of Williamson County, said 30 foot
wide construction easement aid said 15 foot wide permanent easement being for
the purpose of constructing, operating and maintaining said wastewater line
over, under and across the above described tract of land, said 30 foot wide
construction easement extending 15 feet to the left, (easterly), and 15 feet
to the right, (westerly), of the following described line, said 15 foot wide
permanent easement extending 7.50 feet to the left, (easterly), and 7.50 feet
to the right, (westerly), of the following described line, to wit:
COMMENCING at the northwest corner of said 6.12 acre tract in the centerline
of Lake Creek, said northwest corner also being the northeast corner of Lot
19, Block F, Dove Creek Section 2, a subdivision of record filed in Cabinet B,
Slide 271, Williamson County Plat Records, and from which the southwest corner
of said acre tract bears S 0° 52' 10" W a distance of 710.19 feet;
THENCE N 78° 03' 21" E a distance of 138.83 feet with the centerline of Lake
Creek to a point;
THENCE N 62° 06' 39" E a distance of 90.69 feet with the centerline of Lake
Creek to a point, said point being the True Place of Beginning for the
hereinafter described easement;
THENCE S 21° 34' 50" E a distance of 56.50 feet with the centerline of said 15
foot wide permanent easement and the centerline of said 30 foot wide temporary
construction easement to the point of termination thereof.
f'?
•
land, and the amount so paid shall be deemed a payment to the
Insured under this policy.
(c) The Company shall have the option to pay or settle or
compromise for or in the name of the Insured any claim insured
against by this policy, and such payment or tender of payment,
together with all costs, attorney fees and expenses which the
Company is obligated hereunder to pay, shall terminate all liability of
the Company hereunder as to such claim. Further, the payment or
tender of payment of the full amount of this policy by the Company
shall terminate all liability of the Company under this policy.
Id) Whenever the Company shall have settled a claim under this
policy, all right of subrogation shall vest in the Company unaffected
by any act of the Insured, and it shall be suhrogated to and be
entitled to all rights and remedies of the Insured against any person or
property in respect to such claim. The Insured, If requested by the
Company, shall transfer to the Company all rights and remedies
against any person or property necessary in order to perfect such right
of subrogation, and shall permit the Company to use the name of the
Insured in any transaction or litigation involving such rights or remedies.
GENERAL CONDITIONS AND STIPULATIONS Continued • -
(continued and concluded from reverse side of Policy Face)
5. Policy Entire Contract
Any action, actions or rights of action that the Insured may have,
or may bring, against the Company, arising out of the status of the
title insured hereunder, must be based on the provisions of this policy,
and all notices required to be given the Company, and any statement
in writing required to be furnished the Company, shall be addressed
to it at P. 0. Box 2029, Houston, Texas 77252.
6. This policy is not transferable.
7. 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 may also write
the State Board of Insurance, Department C, 1110 San Jacinto Blvd.,
Austin, Tx, 78786. This notice of complaint procedure is for infor-
mation only and does not become a part or condition of this policy.
STEWART TITLE
OOARANTT COMPANY
A NAME
RECOGNIZED NATIONALLY
FOR MORE THAN 75 YEARS
AS BEING
SYNONYMOUS WITH
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•
D.DPN.MS /3354025TERM
TERMINATION OF LEASES
R E C I T A L S
-1-
230'73
OFFICIAL RECORDS
t _ILLIAMSON COUNTY, TEXAS
qoo / b 4-+I
VOL 192rrP,GE!U3
This Termination of Leases ( "Agreement ") is entered into
effective the apt- day of July, 1990, by and between the City of
Round Rock, Texas, a municipal corporation ( "City "), Round Rock
Partners, a Colorado general partnership ( "RRP "), the Nelson
Creditor Trust by and through its Management Committee ( "NCT "),
Charles Schreiner Nelson ( "Nelson ") and Paul R. Cronk ( "Cronk ").
A. City and RRP entered into a certain Ground Lease
Agreement dated December 12, 1985, recorded at Volume
1289, Page 916, Real Property Records of Williamson
County, Texas, which was amended and partially
terminated pursuant to a certain Amendment and Partial
Termination of Ground Lease Agreement dated November 4,
1987, pertaining to certain real property in Williamson
County, Texas ( "Property "), more particularly described
in Exhibit A, attached hereto and incorporated herein as
if set forth verbatim at this point (collectively, the
"Ground Lease ").
B. City and RRP entered into a certain Office Lease dated
December 12, 1985, which was amended, supplemented and
partially terminated by a certain Amendment, Supplement
and Partial Termination of Office Lease dated August 21,
1987, and was amended and supplemented by a certain
Amendment and Supplement to Office Lease dated July 28,
1988, all pertaining to the Property (collectively, the
"Office Lease ") [the Ground Lease and Office Lease,
collectively, the "Leases "].
C. NCT and its Management Committee were formed pursuant to
the Debtor's First Amended Joint Chapter 11 Plan of
Reorganization and Order Confirming the Plan dated
September 30, 1987, in Chapter 11 Proceedings Jointly
Administered, Case No. 87- 50776 -A, United States
Bankruptcy Court, Western District of Texas, San
Antonio Division.
D. City has offered to RRP the sum of $1,500,000 to
terminate RRP's interest under the Ground Lease and
Office Lease and RRP is willing to accept $1,500,000
from the City to terminate its interest under the Ground
Lease and the Office Lease.
VOL 192 PAGE
D.DPN.MS /3354025TERM
A G R E E M E N T
In consideration of the foregoing, the covenants and
agreements contained in this Agreement and of other good and
valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, City, RRP, Nelson, Cronk and NCT hereby agree
as follows:
1. The Ground Lease and the Office Lease are hereby
terminated, so that all right, title and interest of
RRP, Nelson, Cronk and NCT in and to the Property shall
be hereby conveyed to and vested in City. Pursuant
thereto, RRP, Nelson, Cronk and NCT shall have no
further liability or obligation whatsoever, arising
under, connected with or in any way related to the
Leases and /or the Property, and City hereby assumes, and
agrees to indemnify and hold RRP, Nelson, Cronk and NCT
harmless from, all of such liabilities and obligations,
whether previously incurred, now existing or arising in
the future. Without implied limitation to the
foregoing, such liabilities and obligations shall
include all taxes and assessments, utility charges,
insurance premiums and contractual obligations incurred
or arising in connection with the Leases and /or the
Property.
2. This Agreement may be executed in multiple counterparts,
each of which shall constitute an original, and all of
which taken together shall constitute one instrument.
3. Nelson hereby acknowledges his waiver and release of any
right of first refusal which he might have had with
respect to the transactions described herein.
-2-
D.DPN.MS /3354025TERM
ATTEST:
EXECUTED as of the date first set forth above.
By:
JOANNE LAND,CHRWW6 ,9
A `a5T City, ecretary
By:
Ngz. MIKE ROBINSON, Mayor
CH RLES SCHREINER NELSON
-3-
VOL 192IPAGE 03
CITY OF ROUND ROCK, a municipal
corporation
PAUL R. CRONK, individually and as
general partner of Round Rock
Partners, a Colorado general
partnership
CASEY GOLIGHTLY, Independent Member
of the Management Committee and as
Trustee of the Nelson Creditor
Trust, as successor to Charles
Schreiner Nelson, previously general
partner of Round Rock Partners, a
Colorado general partnership, in
accordance with the First Amended
Joint Chapter 11 Plan of
Reorganization, Case No. 87- 50776 -A,
United States Bankruptcy Court,
Western District of Texas, San
Antonio Division
VOL 192 l PAGErf 0`3
D.DPN.MS /3354025TERM
STATE OF TEXAS §
COUNTY OF 1%06 §
This instrument was acknowledged beforg me on the 3 - of
jii , 1990, by /11fGM gr/JSof , the
l4PryoRJ „"',W "r .qf the City of Round Rock, Texas, a
municipal corpoF4dbar.:4Whphalf of said municipality.
t'
Notary ubli in an d'for the
. State o£ T E X A S
„,,,,' BETTY J. MEYER
Nn!ary PLbItc, 5leto f ex
My Comm.ssion Cxplres r C r
—4—
D.DPN.MS /3354025TERM
STATE OF TEXAS
COUNTY OF BEXAR
-5-
VOL 192e7PA6E!05
This instrument was acknowledged before me on the day of
, 1990, by Casey Golightly as Trustee of the Nelson
Creditor Trust and as the Independent Member of its Management
Committee, as successor to Charles Schreiner Nelson, previously
general partner of Round Rock Partners, a Colorado general
partnership.
Notary Public in and for the
State of T E X A S
VOL1927n,GE'706
D.DPN.MS /3354O25TERM
(HERE INSERT FOREIGN NOTARY FOR PAUL R. CRONK, INDIVIDUALLY AND AS
GENERAL PARTNER OF ROUND ROCK PARTNERS)
-6-
D.DPN.MS /3354025TERM
STATE OF
COUNTY OE' ao
This instrument was acknowledged before me on the „ day of
, 1990, by Charles Schreiner Nelson, individually.
H
STATE OF TEXAS COUNTY OF WILLIAMSON
I hereby certify that this Instrument was FILED
on the date and at the time stamped hereon
by me; and was duly RECORDED, in the Volume
and Page of the named RECORDS of Williamson
County, Texas, as stamped hereon by me. on
AUG 0 7 1999 '
COUNTY CL
WILLIAMSON COUNTY, TEXAS
-7-
- VOL 1927PAGE 7
r
Public in andfo he
•5 ••--
�V
r.
2v 0 73
FILED FOR REC:DR,D
4YILLI ^� ^ ^+ COLNTY. J.
1990 AVC -6 PO 4: 27
COUNTY CI ER (
nS
/S vo
• C/H Georgetown Title CoNPan9, In"'
voL 1927PAG[694
D.DPN.MS /3354025TERM
TERMINATION OF LEASES
R E C I T A L S
-1-
230'72
OFFICIAL RECORDS
WILLIAMSON COUNTY, TEXAS
`Iool C4-1-I'
This Termination of Leases ( "Agreement ") is entered into
effective the 30 day of July, 1990, by and between the City of
Round Rock, Texas, a municipal corporation ( "City "), Round Rock
Partners, a Colorado general partnership ( "RRP "), the Nelson
Creditor Trust by and through its Management Committee ( "NCT "),
Charles Schreiner Nelson ( "Nelson ") and Paul R. Cronk ( "Cronk ").
A. City and RRP entered into a certain Ground Lease
Agreement dated December 12, 1985, recorded at Volume
1289, Page 916, Real Property Records of Williamson
County, Texas, which was amended and partially
terminated pursuant to a certain Amendment and Partial
Termination of Ground Lease Agreement dated November 4,
1987, pertaining to certain real property in Williamson
County, Texas ( "Property "), more particularly described
in Exhibit A, attached hereto and incorporated herein as
if set forth verbatim at this point (collectively, the
"Ground Lease ").
8. City and RRP entered into a certain Office Lease dated
December 12, 1985, which was amended, supplemented and
partially terminated by a certain Amendment, Supplement
and Partial Termination of Office Lease dated August 21,
1987, and was amended and supplemented by a certain
Amendment and Supplement to Office Lease dated July 28,
1988, all pertaining to the Property (collectively, the
"Office Lease ") [the Ground Lease and Office Lease,
collectively, the "Leases "].
C. NCT and its Management Committee were formed pursuant to
the Debtor's First Amended Joint Chapter 11 Plan of
Reorganization and Order Confirming the Plan dated
September 30, 1987, in Chapter 11 Proceedings Jointly
Administered, Case No. 87- 50776 -A, United States
Bankruptcy Court, Western District of Texas, San
Antonio Division.
D. City has offered to RRP the sum of $1,500,000 to
terminate RRP's interest under the Ground Lease and
Office Lease and RRP is willing to accept $1,500,000
from the City to terminate its interest under the Ground
Lease and the Office Lease.
D.DPN.MS /3354O25TERM
A G R E E M E N T
V0L192
In consideration of the foregoing, the covenants and
agreements contained in this Agreement and of other good and
valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, City, RRP, Nelson, Cronk and NCT hereby agree
as follows:
1. The Ground Lease and the Office Lease are hereby
terminated, so that all right, title and interest of
RRP, Nelson, Cronk and NCT in and to the Property shall
be hereby conveyed to and vested in City. Pursuant
thereto, RRP, Nelson, Cronk and NCT shall have no
further liability or obligation whatsoever, arising
under, connected with or in any way related to the
Leases and /or the Property, and City hereby assumes, and
agrees to indemnify and hold RRP, Nelson, Cronk and NCT
harmless from, all of such liabilities and obligations,
whether previously incurred, now existing or arising in
the future. Without implied limitation to the
foregoing, such liabilities and obligations shall
include all taxes and assessments, utility charges,
insurance premiums and contractual obligations incurred
or arising in connection with the Leases and /or the
Property.
2. This Agreement may be executed in multiple counterparts,
each of which shall constitute an original, and all of
which taken together shall constitute one instrument.
3. Nelson hereby acknowledges his waiver and release of any
right of first refusal which he might have had with
respect to the transactions described herein.
-2-
VOL 1 Y I PH
D.DPN.MS /3354025TERM
ATTEST: CITY OF ROUND ROCK, a municipal
corporation
By:
EXECUTED as of the date first set forth above.
By:
JOANNE LAND, MIKE ROBINSON, Mayor
City Secretary
PAUL R. CRONK, individually and as
general partner of Round Rock
Partners, a Colorado general
partnership
CASE 'OLI:H ' Y, Independent Member
of e Ma agement Committee and as
Trustee of the Nelson Creditor
Trust, as successor to Charles
Schreiner Nelson, previously general
partner of Round Rock Partners, a
Colorado general partnership, in
accordance with the First Amended
Joint Chapter 11 Plan of
Reorganization, Case No. 87- 50776 -A,
United States Bankruptcy Court,
Western District of Texas, San
Antonio Division
CHARLES SCHREINER NELSON
-3-
D.DPN.MS /3354025TERM
STATE OF TEXAS
COUNTY OF
-4-
%OL 1927pAcE697
This instrument was acknowledged before me on the day of
, 1990, by , the
of the City of Round Rock, Texas, a
municipal corporation, on behalf of said municipality.
Notary Public in and for the
State of T E X A S
VOL 1927PNGE698
D.DPN.MS /3354025TERM
STATE OF TEXAS
COUNTY OF BEXAR
§
§
This instrument was acknowledged before me on the C..D day of
H ULA , 1990, by Casey Golightly as Trustee of the Nelson
Creditor Trust and as the Independent Member of its Management
Committee, as successor to Charles Schreiner Nelson, previously
general partner of Round Rock Partners, a Colorado general
partnership.
Notary Public in and for the
State of T E X A S
-5-
D.DPN.MS /3354O25TERM
-6-
VOL192(PAGE699
(HERE INSERT FOREIGN NOTARY FOR PAUL R. CRONK, INDIVIDUALLY AND AS
GENERAL PARTNER OF ROUND ROCK PARTNERS)
D.DPN.MS /3354025TERM
STATE OF
COUNTY OF
VOL192 !PAGE ?OO
This instrument was acknowledged before me on the day of
, 1990, by Charles Schreiner Nelson, individually.
Notary Public in and for the
State of T E X A S
STATE OF TEXAS COUNTY OF WILLIAMSON
1 hereby certify that this Instrument wash LED the time on the date and at RECORDED, ntheVolume
a n me; and h e duly
Page the as stamped hereon by me, County, me, on
County,
AUG 07 1990� p7 1990
COUNTY CL ERK ,
WILLIAMSON COUNTY, TEXAS
230'72
FILED FOR RE OR0
WILLIAt'St", :-L LIHTY. TX.
1990 AUG -6 PM 4: 27
Ccu,Na C,1_F
1 Georgetown Title Company, I%
D.DPN.MS /3354025TERM
TERMINATION OF LEASES
R E C I T A L S
-1-
VOL 1927PAGE681
23071
OFFICIAL RECORDS
JILUAP1SON COUNTY, TEXAS
goal 0 "cAff
This Termination of Leases ( "Agreement ") is entered into
effective the 3o" day of July, 1990, by and between the City of
Round Rock, Texas, a municipal corporation ( "City "), Round Rock
Partners, a Colorado general partnership ( "RRP "), the Nelson
Creditor Trust by and through its Management Committee ( "NCT "),
Charles Schreiner Nelson ( "Nelson ") and Paul R. Cronk ( "Cronk ").
A. City and RRP entered into a certain Ground Lease
Agreement dated December 12, 1985, recorded at Volume
1289, Page 916, Real Property Records of Williamson
County, Texas, which was amended and partially
terminated pursuant to a certain Amendment and Partial
Termination of Ground Lease Agreement dated November 4,
1987, pertaining to certain real property in Williamson
County, Texas ( "Property "), more particularly described
in Exhibit A, attached hereto and incorporated herein as
if set forth verbatim at this point (collectively, the
"Ground Lease ").
B. City and RRP entered into a certain Office Lease dated
December 12, 1985, which was amended, supplemented and
partially terminated by a certain Amendment, Supplement
and Partial Termination of Office Lease dated August 21,
1987, and was amended and supplemented by a certain
Amendment and Supplement to Office Lease dated July 28,
1988, all pertaining to the Property (collectively, the
"Office Lease ") [the Ground Lease and Office Lease,
collectively, the "Leases "].
C. NCT and its Management Committee were formed pursuant to
the Debtor's First Amended Joint Chapter 11 Plan of
Reorganization and Order Confirming the Plan dated
September 30, 1987, in Chapter 11 Proceedings Jointly
Administered, Case No. 87- 50776 -A, United States
Bankruptcy Court, Western District of Texas, San
Antonio Division.
D. City has offered to RRP the sum of $1,500,000 to
terminate RRP's interest under the Ground Lease and
Office Lease and RRP is willing to accept $1,500,000
from the City to terminate its interest under the Ground
Lease and the Office Lease.
VOL 192 I PAGE688
D.DPN.MS /3354025TERM
A G R E E M E N T
In consideration of the foregoing, the covenants and
agreements contained in this Agreement and of other good and
valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, City, RRP, Nelson, Cronk and NCT hereby agree
as follows:
1. The Ground Lease and the Office Lease are hereby
terminated, so that all right, title and interest of
RRP, Nelson, Cronk and NCT in and to the Property shall
be hereby conveyed to and vested in City. Pursuant
thereto, RRP, Nelson, Cronk and NCT shall have no
further liability or obligation whatsoever, arising
under, connected with or in any way related to the
Leases and /or the Property, and City hereby assumes, and
agrees to indemnify and hold RRP, Nelson, Cronk and NCT
harmless from, all of such liabilities and obligations,
whether previously incurred, now existing or arising in
the future. Without implied limitation to the
foregoing, such liabilities and obligations shall
include all taxes and assessments, utility charges,
insurance premiums and contractual obligations incurred
or arising in connection with the Leases and /or the
Property.
2. This Agreement may be executed in multiple counterparts,
each of which shall constitute an original, and all of
which taken together shall constitute one instrument.
3. Nelson hereby acknowledges his waiver and release of any
right of first refusal which he might have had with
respect to the transactions described herein.
-2-
D.DPN.MS /3354025TERM
EXECUTED as of the date first set forth above.
ATTEST: CITY OF ROUND ROCK, a municipal
corporation
By: By:
JOANNE LAND, MIKE ROBINSON, Mayor
City Secretary
-3-
4OL 1927eAGE689
PAUL R. CRONK, individually and as
general partner of Round Rock
Partners, a Colorado general
partnership
CASEY GOLIGHTLY, Independent Member
of the Management Committee and as
Trustee of the Nelson Creditor
Trust, as successor to Charles
Schreiner Nelson, previously general
partner of Round Rock Partners, a
Colorado general partnership, in
accordance with the First Amended
Joint Chapter 11 Plan of
Reorganization, Case No. 87- 50776 -A,
United States Bankruptcy Court,
Western District of Texas, San
Antonio Division
CHARLES SCHREINER NELSON
VOL 1927PACE690
D.DPN.MS /3354025TERM
STATE OF TEXAS
COUNTY OF
This instrument was acknowledged before me on the day of
, 1990, by , the
of the City of Round Rock, Texas, a
municipal corporation, on behalf of said municipality.
Notary Public in and for the
State of T E X A S
-4-
THIS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON THE 24TH DAY OF
JULY 1990 BY PAUL R CRONK, INDIVIDUALLY AND AS GENERAL PARTNER OF
ROUND ROCK PARTNERS, A COLORADO PARTNERSHIP
RUPE EY
SOLICITOR AND COMMISSIONER
FOR OATHS IN THE UNITED
KINGDOM
WOOD & AWDRY Sollc tors
5 MILES BUILDINGS
GEORGE STREET
BATH
DX 6027 BATH
vo . 19%2 7 pnl;, 691
VOL192 PAPE692
D.DPN.MS /3354025TERM
STATE OF TEXAS
COUNTY OF BEXAR
This instrument was acknowledged before me on the day of
, 1990, by Casey Golightly as Trustee of the Nelson
Creditor Trust and as the Independent Member of its Management
Committee, as successor to Charles Schreiner Nelson, previously
general partner of Round Rock Partners, a Colorado general
partnership.
Notary Public in and for the
State of T E X A S
-5-
D.DPN.MS /3354025TERM
STATE OF
COUNTY OF
This instrument was acknowledged before me on the day of
, 1990, by Charles Schreiner Nelson, individually.
CD
VOL 392!PNGE693
Notary Public in and for the
State of T E X A S
STATE OF TEXAS COUNTY OF WILLIAMSON
I hereby certify that this Instrument was FILED
on the date and at the time stamped hereon
by me; and was duly RECORDED, in the Volume
and Page of the named RECORDS of Williamson
County. Texas, as stamped hereon by me, on
AUG 0 7 1990
—7—
COOUNNTY CLER / KO
WILLIAMSON COUNTY, TEXAS
23071
FILED FOR RECORD
WILLIAMSCh NTY,
1930 AUG -6 PM 4: 27
COUNTY CL FR
Clif Georgetown Title Company, Tnr,.
RELEASE OF LIEN • 23070
VOL 1927PA6E685
STATE OF TEXAS §
COUNTY OF WILLIAMSON §
goolL245,S CA-14
THAT AMERITRUST TEXAS N.A., formerly MTrust Corp., N.A.,
Substitute Trustee to MBank Austin, N.A., Trustee, under an
Indenture of Trust by and between Round Rock Industrial
Development Corporation and MBank Austin, National Association,
Trustee, dated as of December 15, 1985, pertaining to the Round
Rock Industrial Development Corporation Industrial Development
Revenue Bonds (Municipal Complex Project) Series 1985, as the
current beneficiary under a Deed of Trust, Security Agreement,
Assignment of Landlord's Interest in Leases and Financing
Statement ( "Deed of Trust ") dated as of December 15, 1985,
recorded in Volume 1290, Page 1, of the Official Public Records
of Williamson County, Texas, covering the following described
real property ( "Property ") located in Williamson County, Texas,
to wit:
Lots 1 through 10, inclusive, and Lots 13 through 16,
inclusive, Block 10, CITY OF ROUND ROCK, Williamson
County, Texas, according to the map or plat thereof
recorded in Volume 25, Page 314, Deed Records, and in
Cabinet A, Slide 190, Plat Records, Williamson County,
Texas;
for and in consideration of Ten and no /100 Dollars ($10.00) and
other good and valuable consideration, the receipt and legal
sufficiency of which are hereby acknowledged, has released and
discharged, and by these presents hereby releases and
discharges the Property from the liens of the Deed of Trust and
all other liens against the Property securing the indebtedness
described in the Deed of Trust.
EXECUTED this 30 day of MAI , 1990.
AMERITRUST TEXAS N.A., formerly
MTrust Corp., N.A., Substitute
Trustee for MBank Austin, N.A.,
Trustee
r �
By
Name. Ta.,no, 1 � •
Title: s .,+ ;ce, lrrs:04,A
OFFICIAL RECORDS
V ILUA? SON COUNTY, TEXAS
-r
K t•
M • N
a_
Lt Cr
o✓ co
G-
CD
w
J C
JJ -
-ILit
STATE OF TEXAS § j
COUNTY OF TRAVIS §
This „instrument ejsnowledged before, me on the 3o' ' day
of wr^ q'e ,t� /A-A1NA f1fLL.
of Ameritrust Texas IT.A:'; k national banking association, on
behalf of the assgc }at_`ion,
-"Notary Public, State o Teas
,,,, O,,,,,,. Commission Expires: l( Bo 17.)
Printed Name: e-pry M rg,
a -1797D
VOL 192!PAGE686
AFTER RECORDING RETURN TO:
— 2 —
y
: STATE OF TEXAS COUNTY OF WILLIAMSON
- I hereby certify that this Instrument was FILED
on the date and at the time stamped hereon
by me; and was duly RECORDED. in the Volume
and Page of the named RECORDS of Williamson
County. Texas, as stamped hereon by me, on
`r AUG0 7 1990 i C
COUNTY CLERK
WILLIAMSON COUNTY. TEXAS
'
23070
FILED FOR RECORD'
V /ILLIANS''4 r; }(1 Y, TX.
1990 AUG - PM 4= 27
COUNTY CI FRK
•
CM Georgetown Title ComPar'Y, inn•
VOL1927PAGE
KNOW ALL MEN BY THESE PRESENT:
FIDUCIARIES' NOTICE OF CHANGE OF NAMES,
AND
SUBSTITUTION OF FIDUCIARY
OFFICIAL RECORDS
17ILLIAMSON COUNTY, TEXAS
VOL 1927PAGE 680
Ameritrust Texas National Association, et al to Public
90o/G'/5 CRN
23069
WHEREAS, various real property interests located in the states of
Alabama, Arkansas, Kansas, Louisiana, Mississippi, Montana, New
Mexico, Oklahoma, Pennsylvania and Texas have been owned by one or
more corporations acting as fiduciaries and certain corporate name
changes have occurred;
WHEREAS, the 70th Legislature, in its Regular Session in 1987,
enacted Vernon's Ann.Civ.St. art. 548 (h) to provide for the
substitution of certain subsidiary trust companies as fiduciaries
so as to vest all right, title and interest of the presently acting
fiduciary in the substituted fiduciary without the execution of
deeds or other types of conveyances;
WHEREAS, the events just described have made it difficult in mahy
instances for third parties to trace ownership of real property
held in certain fiduciary accounts;
NOW THEREFORE, in order to clarify the ownership of real property
interests located in these states which have been or now are held
in certain fiduciary accounts, the following information is
furnished:
1. The name of The American National Bank of Austin was changed
to "MBank Austin, National Association" on October 15, 1984.
There was no change of corporate identity and the mailing
address was at all times 221 West 6th Street, Austin, Texas
78780.
2. A photocopy of the Amendment to Articles of Association of
The American National Bank of Austin evidencing the change of
name referred to above is attached to this instrument as an
exhibit.
3. Except as noted in number 4 below, on January 1, 1988, MTrust
Corp, National Association (formerly known as MTrust Corp)
was substituted as the fiduciary for all accounts substituted
under the substitution agreement between MBank Austin,
National Association and MTrust Corp, National Association.
The substitution agreement was filed with the Texas Banking
Commissioner on December 22, 1987, in accordance with the
terms of the Vernon's Ann.Civ.St. art.
VOL 192 I PAt;E681 VOL 192 PAGE681
548 (h). The mailing address will be 600 Congress Avenue,
4th Floor OAC, P.O. Box 149036, Austin, Texas 78714.
4. Vernon's Ann.Civ.St. art. 548(h) provides procedures by which
the interested party may cause any particular fiduciary
account to be excluded from the substitution of MTrust Corp,
National Association (now known as Ameritrust Texas National
Association), as the fiduciary of that certain account. If
any such exclusion occurs that will effect real property
located in this county, it is the intention of the
undersigned to give notice of that fact by filing an
appropriate instrument in the Deed Records of this county
which will specifically identify the real property that is
affected by the exclusion.
5. MTrust Corp, National Association changed its name to
Ameritrust Texas National Association effective February 27,
1990. Attached as an exhibit is a Secretary's Certification
evidencing such name change.
IN WITNESS WHEREOF, the undersigned corporations have caused this
instrument to be executed on the dates of their acknowledgments
below.
Ameritru ex N Tonal Association
By:
Its: _ ecutive P and Executive TO
VOL192!PAIE
STATE OF TEXAS
COUNTY OF TRAVIS
BEFORE ME, the undersigned authority on this day personally
appeared PETERSON FOSTER , Executive VP and Executive TO, of
Ameritrust Texas National Association, known to me to be the person
whose name is subscribed to the foregoing instrument, and
acknowledged to me that he executed the same for the purposes and
consideration therein expressed and in the capacity therein stated.
GI EN UNDER MY HAND AND SEAL OF OFFICE, this V day of
19go.
My commission expires:
March 19, 1991
c avil-14_,
VOL 1927P„uE
Notary Public In and For the State of
Texas
PAULETCE RICKS
Notary Public
STATE OF TEXAS
THE STATE OF TEXAS )(
x
COUNTY OF T0.vi5 )(
My Commission Expires:
THE AMERICAN NATIONAL BANK OF AUSTIN
AMENDMENT TO
ARTICLES OF ASSOCIATION
•
VOL 1921!r 1,E683
I, the undersigned, being the duly constituted secretary /cashier of The American National
Bank of Austin (the "Bank "), a banking association chartered under the laws of the United
States, certify that at a special meeting of the shareholders of the Bank, duly called with
notice waived as required by law and convened on the 10th day of October, 1954, the
following resolution and amendment was duly adopted by the affirmative vote of the
owners of 100% of the outstanding stock entitled to vote thereon:
RESOLVED,.that:Article 1.of the .Articles of Association of the Bank
be amended effective October 15, 1984 to read as follows:
"Article 1. The name and title of this Association shall
be MBank Austin, National AssociatYon."
The foregoing resolution is currently in full force and effect and has not been
revoked or rescinded as of the date hereof.
Ilv 1 WITNESS WHEREOF, I have hereupon set the seal of this banking association
this 01 day of CrIkit :& , 1984.
Secrfary /Cashier
Before me, the undersigned authority, on this day personally appeared
(.11Ghlsie..Jo} , the secretary /cashier of The American National Bank
of Austin, known to me to be the person whose name is subscribed to the foregoing
instrument, and acknowledged to me that he executed the same for the purposes and
consideration therein expressed, in the capacity therein stated and as the act and deed
of said association.
Given under my hand and seal of office on this /ric■ day of (. •/.ric.
; C- r F
`" Notary Putflic in and for
the State of Texas
VOL1 92r1Mi68`3
SEAL
Date
AMENDMENT TO ARTICLES OF ASSOCIATION
CHANGE OF NAME FOR
MTRUST CORP, N.A.
STATE OF TEXAS COUNTY OF WILLIAMSON
I hereby certify that this Instrument was FILED
on the date and at the time stamped hereon
by me: and was duly RECORDED. in the Volume
and Page of the named RECORDS of Williamson
County. Texas. as stamped hereon by me. on
auG 01 19 0
COUNTY CLERK / O
WILLIAMSON COUNTY, TEXAS
NOW
AMERITRUST TEXAS NATIONAL ASSOCIATION
SECRETARY'S CERTIFICATION
I hereby certify that
1. At a special of the shareholders of MTrust Corp,
N.A.' (the.. "Association ") which meeting was held on
February 27, 1990, by the.af£irmative vote of the owners
of 100% of the outstanding stock of MTrust Corp, N.A.
entitled to vote thereon the Articles of Association were
amended and restated and such amendment included the
following:
"First: The title of this Association shall be
Ameritrust Texas National Association ".
2. As a result of the amendment of Article First by the
Association's Shareholders as set forth above, and as a
result of the Association having filed said amended
Articles of Association with the proper regulatory
authorities, the name of the Association has been changed
from MTrust Corp, N.A. to, and is now, Ameritrust Texas
National Association.
3. As of the date of this certification, the name of the
Association is Ameritrust Texas National Association.
4. I am the Secretary of said Association's Board of
Directors.
f
Edward J. - .netti,'
Ameritrust Texas National Association
23,069
fiLED FOR RFo
1590 AUG -6 pm 4: 26
Lief 5;
COUNTY ci F
C111 Georgetoten Title CornpanY,Ine•
This Statement is presented to a Filing Officer for filing pursuant to the Uniform Commercial Code — REG I5T R E INC. BOX 218, ANOKA MN 55303
(2) Filing Officer Copy - Acknowledgement STANDARD FORM —FORM UCC -3 ( Rev. 8 /1/67) ® 1986 OFFICE OF THE SECRETARY OF STATE OF TEXAS
D
3. Date, Time, Number and Filing Office: (Filing Officer's Use Only)
s.
SECYOFTEXAS OGO425
An 150
FILED 8:0 AM
I. Debtor(s) N ame and Mailing Address: (D not abbreviate)
,
Round Rock Industrial Development ,
Corporation
214 E. Main - ,
Round Rock, Texas 78664
Microfilm Index Number. (Filing Officer's Use Only)
4. This statement refers ro gino
Financing Statement No. 334353
2. Secured Party of Record and Moiling Address:
MBank Austin, N.A., as Trustee
P.O. Box 2266
Austin, Texas 78780
ATTN: Trust Department
Date filed December 27 19
,
Check only ❑ This Financing Statement Change is to be filed for
if applicable record in the real estate records. Number of
additional sheets presented
5.
AMENDMENT —The Financing Statement bearing the file number shown above in Item 4 is amended as set forth below in Item 6 below. See instruction
A' I- I 2 on back o,fprm fir additional mfORnation y z s. y ,..--y 1.• 4 ,,3 •, , -
B. I I TOTAL ASSIGNMENT —All of Secured Party's rights under the Financing Statement have been assigned to the Assignee whose name and address
are set forth in Item 6 below.
C I I PARTIAL ASSIGNMENT —Some of Secured Party's rights under the Financing Statement have been assigned to the Assignee whose name and address
are set forth in Item 6 below. A description of the collateral subject to the assignment is also set forth in Item 6 below.
D CONTINUATION —The original Financing Statement between the foregoing Debtor and Secured Party bearing the file number and dote shown
above is continued. A Continuation Statement may be filed by the Secured Party within six months prior to the expiration date.
E I J I PARTIAL RELEASE —The Secured Party releases the following collateral described in Item 6 below which is described in the Financing Statement
bearing the file number shown above
TERMINATION —The Secured Party(ies) of record no longer claims a security interest under the Financing Statement bearing the file number shown '
F ' X above. /
6. / • ti T t ,'. t - r( - ' -- .y t . - --- - - Y s --
` y t - . =' xi -- .,,,y
a�e� r^ --•* Ameritrust Texas N.A., formerly known as
MTrust Corp., N.A. , , Trustee for
T
MBank Antstin, N.A.. Trustee
B
/ r / ru t
By � sTC.�C
Signatures) of Debtor(s) �f Signature(s) of Secured Party(ies)
This Statement is presented to a Filing Officer for filing pursuant to the Uniform Commercial Code — REG I5T R E INC. BOX 218, ANOKA MN 55303
(2) Filing Officer Copy - Acknowledgement STANDARD FORM —FORM UCC -3 ( Rev. 8 /1/67) ® 1986 OFFICE OF THE SECRETARY OF STATE OF TEXAS
D
\ 9
r
v ,
,shi
-TOWN Tau co, INC.
f,
ox OA
RoMETOWN, Tx 78627
to
This Statement is presented to Fling Officer for Ming pursuant to the Uniform Commercial Code -REG 1ST RE INC. BOX 218, ANOKA MN 55303
(2) Filing Officer Copy - Acknowledgement
STANDARD FORM -FORM UCC -3 (Rev, 8/1/87) OFFICE OF THE SECRETARY OF STATE OF TEXAS
0
-
3. Date, Time, Number and Filing Office: (Filing Officer's Use Only)
SECY OF TEXAS
9 0 60425
An 7'eg
FILED 8:00 AM
—
1. Debtor(s) Name and Mailing Address (Do not abbreviate)
^
Round Rock Industrial Development ,
Corporation -
214 E. Main .
Round Rock, Texas 78664
Microfilm Index Number: (Filing
Officer's Use Only)
4. This statement refers ro
Financing Statement No.
Date filed
igina
334353
2. Secured Party of Record and Mailing Address:
MBank Austin, N.A., as Trustee
P.O. Box 2266
Austin, Texas 78780
ATTN: Trust Department
December 27 1985
Check only 0 This
if applicable record
additional
.
Financing Statement Change is to be filed for
In the real estate records. Number of
sheets presented
A.
AMENDMENT —The Financing Statement bearing the file number shown above in Item 4 6 amended as net forth below in Item 6 below. See instruction
2 on boclko.fprm fgr additional intcWnation. r n e--tr 1, •
B
TOTAL ASSIGNMENT —All of Secured Party's rights under the Financing Statement have been assigned to the Assignee whose name and address
are set forth in Item 6 below.
C I
I PARTIAL ASSIGNMENT —Some of Secured Party's rights under the Financing Statement have been assigned to the Assignee whose name and address
are set forth in Item 6 below. A description of the collateral subject to the assignment is also set forth in Item 6 below.
D
CONTINUATION —The original Financing Statement between the foregoing Debtor and Secured Party bearing the file number and date shown
above is continued. A Continuation Statement may be filed by the Secured Party within six months prior to the expiration date.
PARTIAL RELEASE —The Secured Party releases the following collateral described in Item 6 below which is described in the Financing Statement
bearing the file number shown above. .
TERMINATION —The Secured Party(ies) of record no longer claims a security interest under the Financing Statement bearing the file number shown
% above /
6.
—.
1 ' t T t e ". f - ff,�.. A 9 T • It -? 4 .^i. 'ST,i =,.. t: - •
p' ., « �,....,, Ameritrust Texas N.A., formerly known as
*.,. _ -. .I MTrust Corp., N.A. , 4 Substitute Trustee for
NR .,,k Anatin, mn)stee
g
` N / . .A A. � .
r'es,-,-,...... es,-,-,es,-,-,...... W
By ..
Signature(s) of Debtor(s) Signature(s) of Secured Partylles)
This Statement is presented to Fling Officer for Ming pursuant to the Uniform Commercial Code -REG 1ST RE INC. BOX 218, ANOKA MN 55303
(2) Filing Officer Copy - Acknowledgement
STANDARD FORM -FORM UCC -3 (Rev, 8/1/87) OFFICE OF THE SECRETARY OF STATE OF TEXAS
0
,5hA•11
(.TOWN TITLE CO., INC.
O.OX
clEARORTOWN, TX 78627
n c 1 Ls fr.<-
�. -
rw na -
r~
3. Date, Time, Number and Filing Office: (Filing Officer's Use Only)
SEC ::� � �425
An 1 ir3
r LEO 8:00 AM .
—
I. Debtor(s) Name and Mailing Address. (Do not abbreviate)
Round Rock Industrial Development
Corporation
214 E. Main
Round Rock, Texas 78664
Microfilm Index Number: (Filing Officer's Us e Only)
4. This statement refers o igina
Financing Statement No. 334353
2. Secured Party of Record and Mailing Address:
MBank Austin, N.A., as Trustee
P.O. Box 2266
Austin, Texas 78780
ATTN: Trust Department
Date filed December 27 19
Check only ❑ This Financing Statement Change is to be filed for
if applicable record in the real estate records. Number of
additional sheets presented— .
5. AMEND MENT —The Financing Statement gc bearing the file number shown above in Item 4 is . amended os set forth below in Item 6 below. See instruction
A. L I on bock of fprm fqr additional infmo6on r. . . ., ; 5., , .. ..y -
B TOTAL ASSIGNMENT —All of Secured Party's rights under the Financing Statement have been assigned to the Assignee whose name and address
are set forth in Item 6 below.
C PARTIAL ASSIGNMENT —Some of Secured Party's rights under the Financing Statement have been assigned to the Assignee whose name and address
are set forth in Item 6 below. A description of the collateral subject to the assignment is also set forth in Item 6 below.
D CONTINUATION —The original Financing Statement between the foregoing Debtor and Secured Party bearing the file number and date shown
above is continued A Continuation Statement may be tiled by the Secured Party within six months prior to the expiration date.
E I I PARTIAL RELEASE —The Secured Party releases the following collateral described in Item 6 below which is described in the Financing Statement
bearing the file number shown above.
F. ][ TERMINATION —The Secured Party(ies) of record no longer claims a security interest under the Financing Statement bearing the file number shown
above.
6.
1r _ � , Ameritrust Texas N.A., formerly known as
t_ _ _., MTrust Corp., N.A., ,Substitute Trustee for
MBank Austin N.A., Trustee
B y
B y
Signature(s) of Debtor(s) Signature(s) of Secured Party(ies)
This Statement is presented to a Filing Officer for filing pursuant to the Uniform Commercial Code— REG ISTRE INC. BOX 218, ANOKA MN 55303
(3) Debtor's Copy - Detach Before Mailing STANDARD FORM —FORM UCC -3 (Rev. 8/1/87) .1966 OFFICE OF THE SECRETARY OF STATE OF TEXAS
This Statement is presented to a filing Officer for filing pursuant to the Uniform Commercial Code — REG ISTRE INC. BOX 218, ANOKA MN 55303
(4) Secured Party's Copy - Detach Before Mailing STANDARD FORM —FORM U - ( Rev. 8 /1/87) OFFICE OF THE SECRETARY OF STATE OF TEXAS
.= „ „, _, , ih - d.• , -
�R
.. ,
3. Date, Time, Number and Filing Office: (Filing Officer's Use Only)
TEXAS
S O f OF t� �� j, j� ,} i�
�� p1 ,R} V 4r i1 0 0 f 2 5 -
FILED AM
'
1 Debtor(s) Name and Mailing Address: (Do not abbreviate)
Round Rock Industrial Development ”
Corporation
214 E. Main
Round Rock, Texas 78664
Microfilm Index Number: (Filing Officer's Use Only)
f
It ''
I
4. This statement refers to or En 334353
2. Secured Party of Record and Mailing Address-
MBank Austin, N.A., as Trustee
P.O. Box 2266
Austin, Texas 78780
ATTN: Trust Department
Financing Statement No
Date filed December 27 19 85
, .
Check only 0 This Financing Statement Change is to be filed for
if applicable record in the real estate records. Number of
additional sheets presented_ -
5- .
B.
C
D
F
AMENDMENT —The Financing Statement bearing the file number shown above in Item 4 is amended as set forth below in Item 6 below. See instruction
- , 2 on backof,forfor additional info4mohon -
TOTAL ASSIGNMENT —All of Secured Party's rights under the Financing Statement have been assigned to the Assignee whose name and address
are set forth in Item 6 below.
PARTIAL ASSIGNMENT —Some of Secured Party's rights under the Financing Statement have been assigned to the Assignee whose name and address
are set forth in Item 6 below. A description of the collateral subject to the assignment is also set forth in Item 6 below.
CONTINUATION —The original Financing Statement between the foregoing Debtor and Secured Party bearing the file number and date shown
above is continued A Continuation Statement may be filed by the Secured Party within six months prior to the expiration date.
PARTIAL RELEASE —The Secured Party releases the following collateral described in Item 6 below which is described in the Financing Statement
bearing the file number shown above.
A . TERMINATION —The Secured Party(ies) of record no longer claims a security interest under the Financing Statement bearing the file number shown
above -
6.
—.
z _ — st •.- . ._ .- ef.r. -�..�
• °"rra• :0, aw}.
�� _ ,, Ameritrust Texas N.A., formerly known as
A.... s.. -• . MPrust Corp., N.A., Trustee for
MBank Austin, N. A., Trustee
g
B (1/ '�Cr'C -- .
Signature(s) of Debtor(s) U' Signature(s) of Secured Party(ies)
This Statement is presented to a filing Officer for filing pursuant to the Uniform Commercial Code — REG ISTRE INC. BOX 218, ANOKA MN 55303
(4) Secured Party's Copy - Detach Before Mailing STANDARD FORM —FORM U - ( Rev. 8 /1/87) OFFICE OF THE SECRETARY OF STATE OF TEXAS
✓
f.:, - 2 x♦ . �,,,, t
_
a .Date,, � Ti i me, Number Filing Office: (Filing Officer's Use Only)
SEE OF TEXAS 0 G6904 23
Aun 790 s 690
FILED 8(00 AM
1. Debtors) Nome and Mailing Address. (Do not abbreviate)
Round Rock Partners
Suite 500
1860 Blake St.
Denver, Colorado 80202
Microfilm Index Number: (Filing Officer's Use Only)
4. This statement re rlto or inol
Financing Statement 334355
2. Secured Party of Record and Mailing Address:
"'
MBank Austin, N.A., as Trustee -
P.O. Box 2266
Austin, Texas 78780
ATTN: Trust Department
,
Date filed December 27 198
Check only ❑ This Financing Statement Change is to be filed for
if applicable record in the real estate records. Number of
additional sheets presented
5
A
S
C.
D
F '
I I AMENDMENT —The Financing Statement bearing the file number shown above in Item 4 is amended as net forth below in Item 6 below. See instruction
2 on back of form for additional information - p _ —
TOTAL ASSIGNMENT —All of Secured Party's rights under the Financing Statement have been assigned to the Assignee whose name and address
are set forth in Item 6 below
PARTIAL ASSIGNMENT —Some of Secured Party's rights under the Financing Statement have been assigned to the Assignee whose name and address
are set forth in Item 6 below. A description of the collateral subject to the assignment is also set forth in Item 6 below.
CONTINUATION —The original Financing Statement between the foregoing Debtor and Secured Party bearing the file number and date shown
above is continued. A Continuation Statement may be filed by the Secured Party within six months prior to the expiration date.
c
PARTIAL RELEASE —The Secured Party releases the following collateral described in Item 6 below which is described in the Financing Statement
bearing the file number shown above. -
TERMINATION —The Secured Party(ies) of record no longer claims a security interest under the Financing Statement bearing the file number shown
X above.
6.
r , �� Ameritrust Texas N.A., formerly known as ■
t_a �.,: MTrust Corp., N.A., Substitute Trustee for
Jsr enlc An rttin, N A -, Trnsi-pp
By
By
Signature(s) of Debtorls) Signatures) of Secured Porty(ies)
This Statement is presented to a Filing Officer for filing pursuant to the Uniform Commercial Code— REG ISTRE INC. BOX 218, ANOKA MN 55303
(2) Filing Officer Copy - Acknowledgement STANDARD FORM —FORM UCC•3 (Rev. 8/1/87) OFFICE OF THE SECRETARY OF STATE OF TEXAS
GEORGETOWN TITLE CO., INC.
P. 0. BOX 689
GEORGETOWN, TX 78627
Root ti#s<
• t•,>~. ,,,,,�„ .v4 fie± ,; 1.x•_s.
i3. Date, Time, Number and Filing Office: (Filing Office's Use Only)
SEOY OF'SXAS p 009 0^423
ACG p 1'5 - tM) 6 9. € 5 &
hLED 8100 Ali
1 Debtor(s) Name and Mailing Address. (Do not abbreviate)
Round Rock Partners
Suite 500 ..
1860 Blake St.
Denver, Colorado 80202
Microfilm Index Number. (Filing Officer's Use Only)
1„
4. This statement re to o 'ginal
f 1
Financing Statement 334355
2 Secured Party of Record and Mailing Address.
'•'
MBank Austin, N.A., as Trustee
P.O. BOX 2266
Austin, Texas 78780
ATTN: Trust Department
Dare filed December 27 19 95
, .
Check only D This Financing Statement Change is to be filed for
if applicable record in the real estate records. Number of
additional sheets presented_.
A I I AMENDMENT —The Financing Statement bearing the file number shown above: Item 4 is amended as set forth below in Item 6 below. See instruction 2 on bod�of farm fqr additional infg • e f +_ y y ,•
B TOTAL ASSIGNMENT —All of Secured Party's rights under the Financing Statement have been assigned to the Assignee whose name and address
are set forth in Item 6 below.
C I I PARTIAL ASSIGNMENT —Some of Secured Party's rights under the Financing Statement have been assigned to the Assignee whose name and address
set forth in Item 6 below A description of the collateral subject to the assignment is also set forth in Item 6 below.
' D I I CONTINUATION —The original Financing Statement between the foregoing Debtor and Secured Party bearing the file number and date shown
above is continued. A Continuation Statement may be filed by the Secured Party within six months prior to the expiration date. -
E PARTIAL RELEASE —The Secured Party releases the following collaterq; did in Item 6 below which is described in the Financing Statement
bearing the file number shown above. ` r/
TERMINATION —The Secured Party(ies) of record no longer claims a security interest under the Financing Statement bearing the file number shown
F ' X above.
, 4 , t = • t y - , - 1 " , - # • . , . .. +. — ,.. i _-.-
,.- ,,..,(.... Tr ,„....„. Ameritrust Texas N.A., formerly known as
MTrust Corp., N.A., Substitute Trustee for
NSA,* N.A., Trustee
,ADssttinn,
By By t ./- - - j,
Signature(s) of Debtorls) ' Signature(s) of Secured Party(ies)
This Statement is presented 10 a Filing Officer for filing pursuant to the Uniform Commercial Code — REG ISTRE INC. BOX 218, ANOKA MN 55303
(3) Debtor's Copy - Detach Before Mailing STANDARD FORM —FORM UCC -3 ( Rev. 8/1/87) 0 1986 OFFICE OF THE SECRETARY OF STATE OF TEXAS
This Statement is presented to a Filing Officer for filing pursuant to the Uniform Commercial Code — REG ISTRE INC. BOX 218, ANOKA MN 55303
(4) Secured Party's Copy - Detach Before Mailing STANDARD FORM —FORM UCC -3 ( Rev. 8 /1/87) OFFICE OF THE SECRETARY OF STATE OF TEXAS
. ta s,✓/ + , sa,f . .. w•„•••iet.
3. yy Dat e,,Tiiime, Number and Filing Office: (Filing Officer's Use Only)
ij
• S O T OF • TEXAS P) l} (i tJ' O 'f✓ 3 13 SA3600555
I ta
FILED 6 '0 0 AM
,
/
1. Debtor(s) Name and Mailing Address (Do not abbreviate)
Round Rock Partners
Suite 500
1860 Blake St.
Denver, Colorado 80202
Microfilm Index Number: (Filing Officer's Use Only)
7! , —
4. This statement ref s to or inal
334355
2. Secured Party of Record and Mailing Address.
MBank Austin, N.A., as Trustee
P.O. Box 2266
Austin, Texas 78780
ATTN: Trust Department
Financing Statement
Date filed December 27 19 8 5 .
,
Check only 0 This Financing Statement Change is to be filed for
if applicable record in the real estate records. Number of
additional sheets presented
A '
AMENDMENT —The Financing Statement bearing the file number shown above in Item 4 is amended as set forth below in Item 6 below. See instruction
2 on back•of form for additional info ation: a pp
B
TOTAL ASSIGNMENT —All of Secured Party's rights under the Financing Statement have been assigned to the Assignee whose name and address
are set forth in Item 6 below.
t D
E
F '
PARTIAL ASSIGNMENT —Some of Secured Party's rights under the Financing Statement hove been assigned to the Assignee whose name and address
are set forth in Item 6 below. A description of the collateral subject to the assignment is also set forth in Item 6 below.
CONTINUATION —The original Financing Statement between the foregoing Debtor and Secured Party bearing the file number and date shown
above is continued. A Continuation Statement may be filed by the Secured Party within six months prior to the expiration date.
w
PARTIAL RELEASE —The Secured Party releases the following collateral described in Item 6 below which 6 described m the Financing Statement
bearing the file number shown above.
TERMINATION —The Secured Partylies) of record no longer claims a security interest under the Financing Statement bearing the file number shown
X above.
•
�^ Amsritrust Texas N.A., formerly known as
• _. ;;,1 MTrust Corp., H.A., Substitute Trustee for
MBank Austin. N.A.. Trustee
By
By C . SC.t i.
Signature(s) of Debtor(s) Signature(s) of Secured Party(les)
This Statement is presented to a Filing Officer for filing pursuant to the Uniform Commercial Code — REG ISTRE INC. BOX 218, ANOKA MN 55303
(4) Secured Party's Copy - Detach Before Mailing STANDARD FORM —FORM UCC -3 ( Rev. 8 /1/87) OFFICE OF THE SECRETARY OF STATE OF TEXAS