JMB INCOME PROPERTIES, LTD. - IX
EXHIBIT - 10B
---------------------------------
SUBSTITUTE TRUSTEE'S DEED
AND XXXX OF SALE
THE STATE OF TEXAS
COUNTY OF XXXXXX
WITNESSETH:
RECITALS:
On June 15, 1983, H&M Associates, Ltd. - Houston (the "MORTGAGOR"), a
California limited partnership, executed and delivered to Xxxx X. Xxxxxxx
as Trustee, a Deed of Trust and Security Agreement (the "DEED OF TRUST") to
secure unto The National Life and Accident Insurance Company, now known as
American General Life and Accident Insurance Company (the "MORTGAGEE"),
among other indebtedness and obligations described therein, payment of the
promissory note (the "NOTE") dated June 15, 1983, in the fact principal
amount of Thirty-Three Million Three Hundred Ninety Thousand Dollars
($33,390,000) executed by Mortgagor, payable to the order of Mortgagee as
the same may have been renewed, extended, rearranged and/or substituted
from time to time. The Deed of Trust covers and affects, among other
property, the real property located in Xxxxxx County, Texas, described on
EXHIBIT A attached hereto and hereby made a part hereof, together with all
improvements and fixtures thereon and all rights, privileges and
appurtenances thereto. The Deed of Trust was filed for record in the
Office of the County Clerk ("CLERK'S OFFICE") Of Xxxxxx County, Texas under
Clerk's File No. H996585. By this reference, the Deed of Trust is hereby
incorporated herein for all purposes.
Mortgagee is the present legal and equitable owner and holder of the
Note, the Deed of Trust and all liens and security interests securing the
Note.
By instrument filed for record in the Clerk's Office under Clerk's
File No. R662241, Mortgagee removed Xxxx X. Xxxxxxx as Trustee and removed
each and every other previously designated or appointed original Trustee or
Substitute Trustee and appointed me, Xxxxxxx X. Xxxxxx, as Substitute
Trustee.
Mortgagee has requested that I, as Substitute Trustee, enforce the
trust established by the Deed of Trust and foreclose on the property
covered by the Deed of Trust, on account of one or more defaults in the
obligations secured by the Deed of Trust.
Xxxxxxx Xxxxxx, acting on my instructions and at Mortgagee's request,
caused written notice to be posted of the time, place and terms of a public
sale of the property covered by the Deed of Trust at the courthouse door of
Xxxxxx County, Texas, and a copy of such written notice to be filed in the
Office of the County Clerk of Xxxxxx County, Texas, both at least twenty-
one (21) days before the date of the sale.
Xxxxx X. Xxxxxx, acting on my instructions and at Mortgagee's request,
caused notice of such sale to be completed certified mail on each debtor
obligated to pay the debt evidenced by the Note by depositing the notice at
least twenty-one (21) days before the date of sale in the United States
mail, postage prepaid and addressed to such debtor at such debtor's last
known address as shown by Mortgagee's records.
I, as Substitute Trustee, duly held such sale on December 5, 1995, the
first Tuesday in December, 1995, between the hours of 10:00 a.m. and 4:00
p.m. Such sale began not later than three (3) hours after the time stated
in the notice of sale as the earliest time at which the sale would occur.
It occurred in the area designated by the commissioners' court of Xxxxxx
County, Texas as the area at the courthouse where sales are to take place
and was conducted in strict accordance with the Deed of Trust, said notice
and the law.
As such sale, the real property described in EXHIBIT A, together with
all improvements and fixtures thereon, all personal property, tangible and
intangible, covered and affected by the Deed of Trust and situated on or
relating to the real property described in EXHIBIT A hereto and
all rights, privileges and appurtenances to such real and personal property
(all of such real property, improvements, fixtures, personal property,
rights, privileges and appurtenances are hereinafter collectively referred
to as the "PROPERTY") were struck off by me, as Substitute Trustee, to the
Grantee named below for the highest and best bid therefor.
DEED AND XXXX OF SALE:
NOW, THEREFORE, know all men by these presents, that I, Xxxxxxx X.
Xxxxxx, of Xxxxxx County, Texas, as Substitute Trustee as aforesaid, as
GRANTOR by virtue of the powers vested in me under the aforementioned Deed
of Trust and in consideration of the premises and the payment by Mortgagee,
as GRANTEE, of the sum of Thirteen Million Eight Hundred Thousand Dollars
($13,800,000) by the crediting of such amount first against the expenses of
advertising, sale and conveyance incurred by Mortgagee, as holder of the
Note, the balance being credited against the Note, the receipt of which is
hereby acknowledged (which consideration has been applied in accordance
with the requirements of the Deed of Trust), have GRANTED, BARGAINED, SOLD
and CONVEYED and by the presents do hereby GRANT, BARGAIN, SELL and CONVEY
the Property unto Grantee, whose address is 0000 Xxxxx Xxxxxxx, Xxxxxxx,
Xxxxx 00000.
TO HAVE AND TO HOLD the Property unto Grantee, and Grantee's
successors and assigns, forever; and I do hereby bind Mortgagor and
Mortgagor's successors and assigns, to warrant and forever defend all and
singular the Property unto Grantee and Grantee's successors and assigns,
against every person whomsoever lawfully claiming or to claim the same or
any part thereof.
IN TESTIMONY WHEREOF, this instrument is executed effective as of
December 5, 1995.
Xxxxxxx X. Xxxxxx, Substitute Trustee
THE STATE OF TEXAS
COUNTY OF XXXXXX
This instrument was acknowledged before me on December 5, 1995, by
Xxxxxxx X. Xxxxxx, as Substitute Trustee
Xxxxx Xxxxxx Xxxx
Notary Public in and for the
State of Texas
Printed Name: Xxxxx Xxxxxx Xxxx
My Commission Expires: 5/25/96
EXHIBIT A - Real Property
After recording, return to:
Xxxxxxx X. Xxxxxx
Liddell, Sapp, Zivley, Hill
& XxXxxx, L.L.P.
0000 Xxxxx Xxxxxxxx Xxxxx
Xxxxxxx, Xxxxx 00000
- 2 -
EXHIBIT A
H & M ASSOCIATES, LTD. - HOUSTON PROPERTY
(12.8027 ACRES)
Being 12.8027 acres (557,684 square feet) of land out of and part of
tracts of land belonging to H & M Associates, LTD. - Houston as recorded in
the Xxxxxx County Clerk File No. F901897 and the Xxxxxx County Film Code
No's. ###-##-#### and ###-##-#### and tracts of land conveyed to Town and
Country Commercial Park Limited as recorded in the Xxxxxx County Clerk File
No. F355471 and the Xxxxxx County Film Code No. 000-00-0000. Said 12.8027
acre tract is out of the Xxxxxx Xxxxxxx Survey, Abstract 3 and further
described by metes and bounds (with all bearings and coordinates based on
the Texas Plane Coordinate System, South Central Zone) as follows:
POINT OF COMMENCEMENT (X=3090408.833, Y=723260.134) at the
intersection of the east right-of-way line of West Belt Drive and the north
right-of-way of Queensbury Lane. Said point being the southwest corner of
a tract of land out of said tracts conveyed to said Town & Country
Commercial Park Limited as recorded in the Xxxxxx County Clerk File No.
F355471;
THENCE N 87 degrees 21' 44" E, along the said north right-of-way line and
being the sough property line of said Town & Country Commercial Park
Limited tract a distance of 1046.90 feet to the southeast corner of said
tract and being the southwest corner of said tract conveyed to said Town &
Country Commercial Park Limited as recorded in the Xxxxxx County Film Code
No. ###-##-####;
THENCE continuing N 87 degrees 21' 44" E, along the said north right-of-way
line and being the south property line of said Town & Country Commercial
Park Limited tract a distance of 30.00 feet to the POINT OF BEGINNING
(X=3091484.592, Y=723309.695) at the southeast corner of said Town &
Country Commercial Park Limited tract and being the southwest corner of a
tract of land belonging said H & M Associates, LTD. - Houston as recorded
in the Xxxxxx Country Film Code No. 000-00-0000;
THENCE N 02 degrees, 38' 16" W, along the east property line of said Town &
Country Commercial Park Limited tract and the most easterly west property
line of said H & M Associates tract a distance of 3.00 feet to the most
southerly south wall of Parking Structure No. 2;
THENCE continuing N 02 degrees 38' 16" W, along the said east property line
and said west property line through said Parking Structure No. 2 a distance
of 187.00 feet for a total distance of 190.00 feet to the most southerly
north wall of said Parking Structure No. 2;
THENCE S 87 degrees 21' 44" W, along the said most southerly north wall a
distance of 2.56 feet to the centerline of the 24' wide north entrance
driveway to said Parking Structure No. 2;
THENCE continuing S 87 degrees 21' 44" W, along the said most southerly
north wall a distance of 27.44 feet to the said west property line of said
Town & Country Commercial Park Limited tract as recorded in the Xxxxxx
County Film Code No. 000-00-0000 and being the said east property line of
said Town & Country Commercial Park Limited tract as recorded in the Xxxxxx
County Clerk File No. F355471;
EXHIBIT A
Page 1 of 16
THENCE continuing S 87 degrees 21' 44" W, along the said most southerly
north wall a distance of 59.92 feet for a total distance of 89.92 feet to
an east wall of said Parking Structure No. 2;
THENCE N 02 degrees 38' 16" W, along the said east wall a distance of 59.69
feet to a south property line of a tract of land belonging to H & M
Associates LTD. - Houston as recorded in the Xxxxxx County Film Code No.
###-##-####;
THENCE continuing N 02 degrees 38' 16" W, along the said east wall a
distance of 3.31 feet for a total distance of 63.00 feet to a north wall of
said Parking Structure No. 2;
THENCE S 87 degrees 21' 44" W, along the said north wall a distance of 32.67
feet to the east wall of a stairwell for said Parking Structure No. 2;
THENCE N 02 degrees 38' 16" W, along the said east wall of said stairwell a
distance of 16.30 feet to the northeast corner of said stairwell;
THENCE S 87 degrees 21' 44" W, along the north wall of said stairwell a
distance of 9.00 feet to the northwest corner of said stairwell;
THENCE S 02 degrees 38' 16" E, along the west wall of said stairwell a
distance of 16.30 feet to the said north wall of said Parking Structure No.
2;
THENCE 87 degrees 21' 44" W, along the said north wall a distance of 150.00
feet to the most westerly east wall of said Parking Structure No. 2;
THENCE N 02 degrees 38' 16" W, along the said most westerly east wall a
distance of 26.58 feet to the most westerly northeast corner of said
Parking Structure No. 2;
THENCE S 87 degrees 21' 44" W, along the most northerly north wall of said
Parking Structure No. 2 a distance of 20.44 feet to a west property line of
said H & M Associates, LTD. - Houston tract;
THENCE continuing S 87 degrees 21' 44" W, along the said most northerly
north wall a distance of 45.56 feet for a total distance of 66.00 feet to
the northwest corner of said Parking Structure No. 2;
THENCE N 02 degrees 38' 16" W, along a northerly extension of the most
westerly west wall of said Parking Structure No. 2 a distance of 31.17 feet
to a sough wall of Town & Country Mall;
THENCE S 87 degrees 21' 44" W, along the said south wall of said Town &
Country Mall a distance of 22.67 feet to the most easterly east wall of
Joske's;
THENCE N 02 degrees 38' 18" W, along the said Joske's wall a distance of
26.36 feet to a south property line of said H & M Associates, LTD. -
Houston tract as recorded in the Xxxxxx County Film Code No. 000-00-0000;
EXHIBIT A
Page 2 of 16
THENCE continuing N 02 degrees 38' 18" W, along said Joske's wall and being
a west property line of said H & M Associates, LTD. - Houston tract a
distance of 12.79 feet for a total distance of 39.15 feet to an angle point
in said Joske's wall and property line of said H & M Associates, LTD. -
Houston tract;
THENCE S 87 degrees 21' 42" W, along the said Joske's wall and said
property line a distance of 9.30 feet to an angle point in said Joske's wall and
said property line;
THENCE N 02 degrees 38' 18" W, along said Joske's wall and said property
line a distance of 22.50 feet to an angle point in said Joske's wall and
said property line;
THENCE N 87 degrees 21' 42" E, along the said Joske's wall and said
property line a distance of 4.73 feet to an angle point in said Joske's wall and
said property line;
THENCE N 02 degrees 38' 18" W, along said Joske's wall and said property
line a distance of 27.55 feet to Joske's northeast corner and being an
angle point in said property line;
THENCE S 87 degrees 20' 44" W, along Joske's north wall and being the most
northerly south property line of said H & M Associates, LTD. - Houston
tract a distance of 301.64 feet to Joske's northwest corner;
THENCE continuing S 87 degrees 20' 44" W, along the said most northerly
south property line a distance of 31.16 feet for a total distance of 332.80
feet to the most westerly southwest corner of said H & M Associates, LTD. -
Houston tract;
THENCE N 02 degrees 38' 16" W, along the most westerly west property
line of said H & M Associates, LTD. - Houston tract a distance of 19.99 feet to
the south property line of a 14.2531 acre tract of land out of tracts of land
belonging to H & M Associates as recorded in the Xxxxxx County Clerk File
No. F901897;
THENCE S 87 degrees 21' 44" W, along the said south property line of said
14.2531 acre tract a distance of 39.79 feet;
THENCE N 02 degrees 38' 16" W, a distance of 132.31 feet;
THENCE S 87 degrees 21' 44" W, a distance of 74.49 feet to the west
property line of said 14.2531 acre tract;
THENCE N 02 degrees 38' 16" W, along the said west property line a distance
of 203.68 feet to the south wall of Parking Structure No. 1;
THENCE continuing N 02 degrees 38' 16" W, along the said west property line
through Parking Structure No. 1 a distance of 465.21 feet to the most
northerly north wall of said Parking Structure No. 1;
THENCE continuing N 02 degrees 38' 16" W, along the said west property line
a distance of 11.18 feet for a total distance of 680.07 feet to the
northwest corner of said 14.2531 acre tract;
THENCE N 87 degrees 18' 10" E, along the most northerly north property line
of said 14.2531 acre tract a distance of 119.06 feet to a more northerly
extension of the east wall of said Parking Structure No. 1;
EXHIBIT A
Page 3 of 16
THENCE S 02 degrees 38' 16" E, along the said northerly extension of the
said east wall a distance of 11.30 feet to the north east corner of said
Parking Structure No. 1;
THENCE continuing S 02 degrees 38' 16" E, along the said east wall a
distance of 334.71 feet for a total distance of 346.01 feet to a westerly
extension of the north wall of Town & Country Mall;
THENCE N 87 degrees 21' 44" E, along the said westerly extension a distance
of 39.95 feet to the northwest corner of said Town & Country Mall;
THENCE continuing N 87 degrees 21' 44" E, along the said north wall a
distance of 6.67 feet to the southwest corner of Neiman Marcus;
THENCE continuing N 87 degrees 21' 44" E, along Neiman Marcus south wall a
distance of 175.54 feet to Neiman Marcus southeast corner;
THENCE continuing N 87 degrees 21' 44" E, along the said Town & Country
Mall north wall a distance of 59.70 feet to the northeast corner of said Town &
Country Mall;
THENCE continuing N 87 degrees 21' 44" E, along an easterly extension of
the said north wall a distance of 26.36 feet for a total distance of 308.22
feet to a southerly extension of the west curb line of the ring road which
lies along the east side of Neiman Marcus;
THENCE N 02 degrees 28' 16" W, along the said southerly extension and said
west curb line a distance of 151.21 feet to a westerly extension of the
north curb line of the westerly extension of the 30' wide access drive
which lies along the north side of Parking Structure No. 3;
THENCE N 87 degrees 21' 44" E, along the said westerly extension of said
north curb line and along said north curb line a distance of 111.71 feet to
a southerly extension of the west curb line of the 46' wide entrance drive
which lies along the west side of Pad "A";
THENCE N 02 degrees 38' 16" W, along the said southerly extension of said
west curb line and along said west curb line a distance of 155.00 feet to
the south right-of-way line of Town & Country Way and being a north
property line of said 14.2531 acre tract;
THENCE N 87 degrees 23' 07" E, along the said south right-of-way line and
said north property line a distance of 23.00 feet to the centerline of said
46' wide entrance drive;
THENCE S 02 degrees 38' 16" E, along the said centerline a distance of
169.66 feet to the centerline of the said 30' wide access drive;
THENCE S 87 degrees 21' 44" W, along the said centerline of said 30' wide
access drive a distance of 117.07 feet to the centerline of said ring road
which lies along the east side of Neiman Marcus;
THENCE S 02 degrees 38' 16" E, along the said centerline of said ring road
a distance of 222.51 feet to the south curb line of the ring road which lies
along the north side of Xxxxxxxx Xxxxxx;
EXHIBIT A
Page 4 of 16
THENCE S 87 degrees 21' 44" W, along the said south curb line and a
westerly extension of said south curb line a distance of 44.00 feet to the east
all of said Town & Country Mall;
THENCE S 02 degrees 38' 16" E, along the said east wall a distance of 19.83
feet to Xxxxxxxx Xxxxxx north wall;
THENCE S 87 degrees 21' 44" W, along said Xxxxxxxx Xxxxxx north wall a
distance of 43.50 feet to Xxxxxxxx Xxxxxx northwest corner;
THENCE S 02 Degr. 38' 16" E, along Xxxxxxxx Xxxxxx wall a distance of
61.00 feet to an angle point in said Xxxxxxxx Xxxxxx wall;
THENCE S 87 Degr. 21' 44" W, along said Xxxxxxxx Xxxxxx wall a distance of
15.00 feet to an angle point in said Xxxxxxxx Xxxxxx wall;
THENCE S 02 Degr. 38' 16" E, along said Xxxxxxxx Xxxxxx wall a distance of
90.33 feet to an angle point in said Xxxxxxxx Xxxxxx wall;
THENCE N 87 Degr. 21' 44" E, along said Xxxxxxxx Xxxxxx wall a distance of
15.00 feet to an angle point in said Xxxxxxxx Xxxxxx wall;
THENCE S 02 Degr. 38' 16" E, along said Xxxxxxxx Xxxxxx wall a distance of
61.00 feet to Xxxxxxxx Xxxxxx southwest corner;
THENCE N 87 Degr. 21' 44" E, along said Xxxxxxxx Xxxxxx wall a distance of
61.00 feet to an angle point in said Xxxxxxxx Xxxxxx wall;
THENCE S 02 Degr. 38' 16" E, along said Xxxxxxxx Xxxxxx wall a distance of
15.00 feet to an angle point in said Xxxxxxxx Xxxxxx wall;
THENCE N 87 Degr. 21' 44" E, along said Xxxxxxxx Xxxxxx wall a distance of
90.33 feet to an angle point in said Xxxxxxxx Xxxxxx wall;
THENCE N 02 Degr. 38' 16" W, along said Xxxxxxxx Xxxxxx wall a distance of
15.00 feet to an angle point in said Xxxxxxxx Xxxxxx wall;
THENCE N 87 Degr. 21' 44" E, along said Xxxxxxxx Xxxxxx wall a distance of
61.00 feet to Xxxxxxxx Xxxxxx southeast corner;
THENCE N 02 Degr. 38' 16" W, along said Xxxxxxxx Xxxxxx wall a distance of
43.33 feet to a north wall of Town & Country mall;
THENCE N 87 Degr. 21' 44" E, along the said north wall of said Town &
Country Mall a distance of 39.00 feet to the east wall of Xxxxxxxx Xxxxxx
loading dock;
THENCE N 02 Degr. 38' 16" W, along the said east wall of said loading dock
a distance of 100.20 feet to the north end of said loading dock;
THENCE N 87 Degr. 21' 44" E, a distance of 57.19 feet to the west wall of
Parking Structure No. 3;
EXHIBIT A
Page 5 of 16
THENCE N 02 Degr. 38' 16" W, along the said west wall of said Parking
Structure No. 3 a distance of 288.25 feet to the northwest corner of said
Parking structure No. 3;
THENCE continuing N 02 Degr. 38' 16" W, along an extension of the said
west wall of said Parking structure No. 3 a distance of 22.51 feet for a
total distance of 310.76 feet to the centerline of said 30' wide access
drive which lies along the north side of said Parking Structure No. 3;
THENCE N 87 Degr. 21' 44" E, along the said centerline a distance of
125.97 feet to the east property line of said 14.2531 acre tract of land
out of tracts of land belonging to H & M Associates as recorded in the
Xxxxxx County Clerk File No. F901897 and being the west property lien of
said 1.3533 acre tract of land belonging to H & M Associates, LTD. -
Houston as recorded in the Xxxxxx County Film Code No. 000-00-0000;
THENCE continuing N 87 Degr. 21' 44" E, along the said centerline a
distance of 30.03 feet for a total distance of 156.00 feet to the
centerline of the 48' wide entrance drive which leads to the speed ram for
said Parking Structure No. 3;
THENCE N 02 Degr. 38' 16" W, along the said centerline of said 48' wide
entrance drive a distance of 169.96 feet to the south right-of-way line of
Town & Country Way;
THENCE N 87 Degr. 20' 16" E, along the said south right-of-way line a
distance of 29.97 feet to the east property line of said 1.3533 acre tract
and being the west property line of a 5.6659 acre tract of land out of
tracts of land belonging to H & M Associates as recorded in the Xxxxxx
County Clerk File No. F901897;
THENCE continuing N 87 Degr. 20' 16" E, along the said south right-of-way
line and being the north property line of said 5.6659 acre tract a distance
of 241.58 feet for a total distance of 271.55 feet to the west right-of-way
line of Town & Country Blvd. as deeded by H & M Associates in the Xxxxxx
County Film Code No. 000-00-0000;
THENCE S 02 Degr. 50' 36" E, along the said west right-of-way line a
distance of 129.78 feet to an angle point in said west right-of-way line'
THENCE S 02 Degr. 32' 36" E, along the said west right-of-way line a
distance of 416.06 feet to the centerline of the entrance drive to the 32'
wide ring road which lies along the north side of Penney's;
THENCE S 87 Degr. 21' 44" W, along the said centerline of said 32' wide
ring road a distance of 241.36 feet to the said west property line of said
5.6659 acre tract and said east property line of said 1.3533 acre tract;
THENCE continuing S 87 Degr. 21' 44" W, along said centerline a distance
of 58.89 feet for a total distance of 300.25 feet to the point of tangency
of a curvature to the right in the said centerline of said 32' wide ring
road;
THENCE along said curve to the right and said centerline of said 32'
wide ring road having a delta of 00 Degr. 32' 18", radius= 164.00 feet, chord
length = 1.11 feet, chord bearing = S 87 Degr. 23' 23" W, tangent length = 0.56
feet, an arc distance of 1.11 feet to the said west property line of said
1.3533 acre tract and said east property line of said 14.2531 acre tract;
EXHIBIT A
Page 6 of 16
THENCE continuing along the curve to the right and said centerline
having a delta = 08 Degr. 30' 26", radius = 164.00 feet, chord length = 24.33
feet, chord bearing = N 87 Degr. 59' 45" W, tangent length = 12.20 feet, an arc
length of 24.35 feet for a total arc length of 25.46 feet to a point of
tangency of a reverse curve to the left and said centerline;
THENCE along said curve to the left and said centerline having a
delta = 00 Degr. 55' 12", radius = 196.00 feet, chord length = 3.15, chord
bearing = N 84 Degr. 12' 08" W, tangent length = 1.57, an arc length of 3.15
feet to a northerly extension of the west wall of Penney's;
THENCE S 02 Degr. 28' 16" E, along the said northerly extension a distance
of 34.43 feet to Penney's northwest corner;
THENCE continuing S 02 Degr. 38' 16" E, along said Penney's west wall a
distance of 3.60 feet to the said Town & Country Mall north wall;
THENCE continuing S 02 Degr. 38' 16" E, along said Penney's west wall a
distance of 191.28 feet to the north property line of said H & M
Associates, LTD. - Houston tract as recorded in the Xxxxxx County Film Code
No. ###-##-####;
THENCE continuing S 02 Degr. 38' 16" E, along said Penney's west wall a
distance of 117.14 feet for a total distance of 346.45 feet to the said
Town & Country Mall south wall;
THENCE 87 Degr. 21' 44" W, along the said south wall a distance of 7.83
feet to the east curb line of the service drive which lies along the west
side of Penney's;
THENCE S 02 Degr. 38' 16" E, along the said curb line and a southerly
projection of said curb line a distance of 80.68 feet to the most southerly
south property line of said H & M Associates, LTD. - Houston tract as
recorded in the Xxxxxx County Film Code No. 000-00-0000;
THENCE continuing S 02 Degr. 38' 16" E, along said southerly extension of
said east curb line a distance of 13,02 feet for a total distance of 93.70
feet to the centerline of the 32' wide ring road which lies along the south
side of Penney's;
THENCE N 87 Degr. 21' 44" E, along the said centerline of said 32" wide
ring road a distance of 35.19 feet to the said east property line of said
Town & Country Commercial Park Limited tract as recorded in the Xxxxxx
County Clerk File No. F355471 and being the west property line of said Town
& Country Commercial Park Limited tract as recorded in the Xxxxxx County
Film Code No. 000-00-0000;
THENCE continuing N 87 Degr. 21' 44" E, along the said centerline of said
ring road a distance of 30.00 feet to the said east property line of said
Town & Country Commercial Park Limited tract as recorded in the Xxxxxx
County Film Code No. 000-00-0000 and being the said most easterly west
property line of said 1.3533 acre tract belonging to H & M Associates,
LTD. - Houston as recorded in the Xxxxxx County Film Code No. 000-00-0000;
EXHIBIT A
Page 7 of 16
THENCE continuing N 87 Degr. 21' 44" E, along the said centerline of said
ring road a distance of 12.50 feet for a total distance of 77.69 feet to a
northerly extension of the most easterly east wall of said Parking
Structure No. 2;
THENCE S 02 Degr. 38' 16" E, along the said northerly extension a distance
of 19.00 feet to the most easterly northeast corner of said Parking
Structure No. 2;
THENCE continuing S 02" 38' 16" E, along the said most easterly east
wall of said Parking Structure No. 2 a distance of 187.00 feet for a total
distance of 206.00 feet to the southeast corner of said Parking Structure
No. 2;
THENCE S 87 Degr. 21' 44" W, along the most southerly south wall of said
Parking Structure No. 2 a distance of 3.06 feet to the east side of the 24'
wide south entrance driveway to said Parking Structure No. 2;
THENCE S 02 Degr. 38' 16" E, along the said east side of said 24' wide
driveway a distance of 3.00 feet to the said north right-of-way line of
Queensbury Land and said south property line of said 1.3533 acre tract
belonging to H & M Associates, LTD. - Houston as recorded in the Xxxxxx
County File, Code No. ###-##-####;
THENCE S 87 Degr. 21' 44" W, along the said north right-of-way line and
said south property line a distance of 9.44 feet to the POINT OF BEGINNING
and containing 12.8027 acres of land more or less.
M/B Written 4/18/83
C&B JOB NO. 7844932
M/B Revised 5/2/83
C&B JOB NO. 7844940
M/B Revised 5/23/83
EXHIBIT A
Page 8 of 16
H&M ASSOCIATES, LTD. - HOUSTON PROPERTY
DEVELOPER TRACT PAD "A"
(0.7363 ACRES)
BEING 0.7363 acres (32,071 square feet) of land out of and part of
14.2531 acre tract out of tracts of land belonging to H & M Associates as
recorded in the Xxxxxx County Clerk File No. 901897. Said 0.7363 acre
tract is out of the Xxxxxx Xxxxxxx Survey Abstract 3 and is further
described in metes and bounds (with all bearings and coordinates based on
the Texas Plane Coordinate System, South Central Zone) as follows:
POINT OF COMMENCEMENT (X=3090408.833, Y=723260.134) at the
intersection of the north right-of-way line of Queensbury Lane and the east
right-of-way line of West Belt Drive. Said point being a southwest corner
of a tract of land belonging to Town and Country Commercial Park Ltd. as
recorded in the Xxxxxx Country Clerk File No. F355471;
THENCE N 02 Degr. 38' 16" W, along the said east right-of-way line and
being a west property line of said Town and Country Commercial Park Ltd.
tract a distance of 1232.25 feet to the northwest corner of said Town and
Country Commercial Park Ltd. tract;
THENCE N 87 Degr. 22' 10" E, along the north property line of said Town
and Country Commercial Park Ltd. tract a distance of 254.99 feet to the
northwest corner of said 14.2531 acre tract belonging to H & M Associates;
THENCE 87 Degr. 18' 10" E, along the most northerly north property line of
said H & M Associates tract a distance of 224.95 feet to the west right-of-
way of Town and Country Blvd. (100 R.O.W.);
THENCE S 02 Degr. 33' 05" E, along the said west right-of-way line and
being an east property line of said H & M Associates tract a distance of
39.79 feet to the south right-of-way line of Town and Country Way and being
a north property line of said H & M Associates tract;
THENCE N 87 Degr. 23' 07" E, along the said south right-of-way line and
said north property line a distance of 360.10 feet to an extension of the
east curbline of the 46 foot wide entrance drive which is located the west
side of Pad A and being the POINT OF BEGINNING (X=3091193.041,
Y=724490.044);
THENCE N 87 Degr. 23' 07" E, along the said sough right-of-way line and
said north property line a distance of 206.92 feet to the west property
line of a 1.3533 acre tract belonging to H & M Associates, Ltd. - Houston
as recorded in the Xxxxxx County Film Code No. 000-00-0000;
THENCE S 02 Degr. 38' 16" E, along the said west property line a distance
of 154.95 feet to an extension of the north curbline of the 30 foot wide
access road between Parking Structure #3 and Pad A;
THENCE S 87 Degr. 21' 44" W, along the said north curbline and extensions
of said north curbline a distance of 206.92 feet to a southerly extension
of the said east curbline of said 46 foot wide entrance drive;
THENCE N 02 Degr. 38' 16" W, along said southerly extension of said east
curbline, along said east curbline and a northerly extension of said east
curbline a distance of 155.03 feet to the POINT OF BEGINNING and containing
0.7363 acres of land more or less.
M/B Written: 03-31-83
C&B Job No: 78449-39
EXHIBIT A
Page 9 of 16
EASEMENT TRACT I
(PARKING STRUCTURE TRACT)
(LEGAL DESCRIPTION FOR TRACT I)
2.7710 ACRES OF LAND
Being 2.7710 acres (120,704 square feet) of land out of and part of a
tract of land belonging to H & M Associates as recorded in the Xxxxxx
County Clerk File No. F901897 and a part of a tract of land belonging to
Town & Country Commercial Park Limited as recorded in Xxxxxx County Clerk
File No. F355471. Said 2.7710 acre tract is out of the Xxxxxx Xxxxxxx
Survey, Abstract 3 and further described by metes and bounds (with all
bearings and coordinates based on the Texas Plane Coordinate System, South
Central Zone) as follows:
COMMENCING at a 5/8" iron rod (X=3090408.833, Y=723260.134) at the
intersection of the north right-of-way line of Queensbury Lane and the east
right-of-way line of West Belt Drive;
THENCE N 02 Degr. 38' 17" W, along the said east right-of-way line of West
Belt Drive, and being the west property line of said tract of land
belonging to Town & Country Commercial Park Limited, a distance of 1232.25
feet to a 5/8" iron rod;
THENCE N 87 Degr. 22' 10" E, along the most northerly north property line
of said tract of land belonging to Town & Country Commercial Park Limited,
a distance of 254.99 feet to an iron rod being the most northerly northeast
corner of said tract of land and the most northerly corner of said tract of
land belonging to H & M Associates.
THENCE S 02 Degr. 38' 16" E, along the most westerly east property line of
said tract of land belonging to Town & Country Commercial Park Limited a
distance of 11.18 feet to a point on the north wall of Parking Structure
No. 1 for the POINT OF BEGINNING (X=3090607.359, Y=724491.613);
THENCE N 87 Degr. 21' 44" E, along the north wall of parking Structure No.
1 a distance of 119.06 feet to the northeast corner of this tract;
THENCE E 02 Degr. 38' 16" E, along the east wall of Parking Structure No.
1 a distance of 465.21 feet to the southeast corner of this tract;
THENCE S 87 Degr. 21' 44" W, along the south wall of Parking Structure No.
1 a distance of 314.75 feet to a point said point being 195.69 feet in a
westerly perpendicular direction from the said most westerly east property
line of land belonging to Town & Country Commercial Park Limited and being
the southwest corner of this tract;
THENCE N 02 Degr. 38' 16" W, along the west wall of Parking Structure No.
1 a distance of 250.21 feet to a point;
THENCE S 87 Degr. 21' 44" W, a distance of 59.30 feet to a point on the
said east right-of-way line of West Belt Drive;
THENCE N 02 Degr. 38' 16" W, along the said east right-of-way line, a
distance of 25.77 feet of the most westerly northwest corner of this tract;
EXHIBIT A
Page 10 of 16
THENCE N 87 Degr. 21' 44" E, a distance of 203.30 feet to a point;
THENCE N 02 Degr. 38' 16" W, along the most northerly west wall of Parking
Structure No. 1 a distance of the 189.23 feet to the most easterly
northwest corner of this tract;
THENCE N 87 Degr. 21' 44" E, along the north wall of parking Structure No.
1 a distance of 51.69 feet to the POINT OF BEGINNING and containing 2.7710
acres of land more or less.
M/B Written 01/21/83
REVISED: 03/14/83
C&B JOB NO. 7844905
EXHIBIT A
Page 11 of 16
EASEMENT TRACT II
(PARKING STRUCTURE TRACT)
(LEGAL DESCRIPTION FOR TRACT II)
1.7593 ACRES OF LAND
Being 1.7593 acres (76,635 sq. ft.) of land out of and part of tracts
of land belonging to Town & Country Commercial Park Ltd. as recorded in the
Xxxxxx County Clerk File No. F355471 and the Xxxxxx County File Code No.
###-##-####, and belonging to H & M Associates, Ltd. - Houston as recorded
in the Xxxxxx County Film Code Nos. 000-00-0000 and 000-00-0000. Said
1.7593 acre tract is out of the Xxxxxx Xxxxxxx Survey, Abstract 3 and is
further described by metes and bounds (with all bearings and coordinates
based on the Texas Plane Coordinate System, South Central Zone) as follows:
POINT OF COMMENCEMENT (X=3090408.833, Y=723260.134) at the
intersection of the north right-of-way line of Queensbury Lane and the east
right-of-way line of West Belt Drive. Said point being a southwest corner
of said Town & Country Commercial Park Ltd. as described in the Xxxxxx
County File No. F355471;
THENCE N 87 Degr. 21' 44" E, along the said north right-of-way line of
Queensbury Lane and being the south property line of said Town and Country
Commercial Park Ltd. tracts a distance of 1076.90 feet to the most easterly
southwest xxxxxxx of said H & M Associates, Ltd. - Houston tract as
described in the Xxxxxx County Film Code No. 000-00-0000 and being the
POINT OF BEGINNING (X=3091484.592, Y=723309.695);
THENCE S 87 Degr. 21' 44" W, along the said north right-of-way line of
Queensbury Lane a distance of 14.56 feet;
THENCE N 02 Degr. 38' 16" W, a distance of 3.00 feet to the south wall of
Parking Structure #2;
THENCE S 87 Degr. 21' 44" W, along the said south wall a distance of
270.11 feet to the most easterly southwest corner of Parking Structure #2;
THENCE N 02 Degr. 38' 16" W, along the most easterly west wall of Parking
Structure #2 a distance of 141.58 feet to the most northerly south wall of
Parking Structure #2;
THENCE S 87 Degr. 21' 44" W, along the said most northerly south wall a
distance of 62.92 feet to the westerly southwest corner of Parking
Structure #2;
THENCE N 02 Degr. 38' 16" W, along the most westerly west wall of Parking
Structure #2 a distance of 135.00 feet to the northwest corner of Parking
Structure #2;
THENCE N 87 Degr. 21' 44" E, along the most northerly north wall of
parking Structure #2 a distance of 45.56 feet to the most easterly west
property line of said H & M Associates, Ltd. - Houston tract as recorded in
the Xxxxxx County Film Code No. 000-00-0000;
THENCE N 87 Degr. 21' 44" E, along the said north wall of Parking
Structure #2 a distance of 20.44 feet to the most westerly northeast corner
of Parking Structure #2;
THENCE S 02 Degr. 39' 16" E, along the most westerly east wall of Parking
Structure #2 a distance of 26.58 feet to a north wall of Parking Structure
#2;
THENCE N 87 Degr. 21' 44" E, along the said north wall a distance of
160.00 feet to the west wall of a stairwell for Parking Structure;
THENCE N 02 Degr. 83' 16" W, along the said west wall of said stairwell a
distance of 16.30 feet to the north wall of said stairwell.
EXHIBIT A
Page 12 of 16
THENCE N 87 Degr. 21' 44" E, along the said north wall of said stairwell a
distance of 9.00 feet to the east wall of said stairwell;
THENCE S 02 Degr. 38; 16" E, along the said east wall of said stairwell a
distance of 16.30 feet to the said north wall of Parking Structure #2;
THENCE N 87 Degr. 21' 44" E, along the said north wall of Parking
Structure #2 a distance of 32.67 feet to a northeast corner of Parking
Structure #2;
THENCE S 02 Degr. 38' 16" E, along an east wall of Parking Structure #2 a
distance of 3.31 feet to the most southerly south property line of said H &
M Associates, Ltd. - Houston tract as recorded in the Xxxxxx County Film
Code No. ###-##-####;
THENCE S 02 Degr. 38' 16" E, along the east wall a distance of 59.69 feet
to the most southerly north wall of Parking Structure #2;
THENCE N 87 Degr. 21' 44" E, along the said most southerly north wall a
distance of 89.92 feet to the most easterly west property line of said H &
M Associates, Ltd. - Houston tract as recorded in the Xxxxxx County Film
Code No. ###-##-####;
THENCE N 87 Degr. 21' 44" E, along the said most southerly north wall a
distance of 12.50 feet to the most easterly northeast corner of Parking
Structure #2;
THENCE S 02 Degr. 38' 16" E, along the most easterly east wall of Parking
Structure #2 a distance of 187.00 feet to the southeast corner of Parking
Structure #2;
THENCE S 87 Degr. 21' 44" W, along the most southerly south wall of
Parking Structure #2 a distance of 3.06 feet;
THENCE S 02 Degr. 38' 16" E, a distance of 3.00 feet to the said north
right-of-way line of Queensbury Lane;
THENCE S 87 Degr. 21' 44" W, along the said north right-of-way line of
Queensbury Lane a distance of 9.44 feet to the POINT OF BEGINNING and
containing 1.7593 acres of land more or less.
M/B Written: 06-24-82
Revised: 01-10-83
Revised: 3-25-83
C&B Job No. 78449-05
78449-35
Revised: 04-20-83
EXHIBIT A
Page 13 of 16
(PARKING STRUCTURE TRACT III)
(LEGAL DESCRIPTION FOR TRACT III)
2.7914 ACRES OF LAND
(DEVELOPER LAND)
BEING 2.7914 acres (121,595 square feet) of land out of and part of
tracts of land belonging to H & M Associates as recorded in the Xxxxxx
County Clerk File No. F901897 and to H & M Associates, Ltd. - Houston as
recorded in the Xxxxxx County Film Code No. 000-00-0000. Said 2.7914 acre
tract is out of the Xxxxxx Xxxxxxx Survey, Abstract 3 and further described
by metes and bounds (with all bearings and coordinates based on the Texas
Plane Coordinate System, South Central Zone) as follows:
POINT OF COMMENCEMENT (X=3090408.833, Y=723260.134) at the
intersection of the north right-of-way line of West Belt Drive and the
north right-of-way line of Queensbury Lane. Said point being a southwest
corner of a tract of land belonging to Town & Country Commercial Park Ltd.
as recorded in the Xxxxxx County Clerk File No. F355471;
THENCE N 87 Degr. 21' 44" E, along the said north right-of-way line of
Queensbury Land and being the south property lines of tracts of land
belonging to Town and Country Commercial Park Ltd. as recorded in the
Xxxxxx County Clerk File No. F355471 and the Xxxxxx Country Film Code No.
###-##-#### and belonging to H & M Associates, Ltd. - Houston as recorded
in the Xxxxxx County Film Code No. 000-00-0000 and belonging to H & M
Associates as recorded in the Xxxxxx County Clerk File No G848103 as
distance of 1347.20 feet to the west right-of-way line of Town and Country
Blvd. as deeded by H & M Associates in Xxxxxx County Film Code No. 186-81-
0457 and being out of tracts of land belonging to H & M Associates as
recorded in the Xxxxxx County Clerk File Nos. F901897 and G848103;
THENCE N 02 Degr. 32' 36" W, along the said west right-of-way line a
distance of 1062.78 feet to an angle point in said west right-of-way line;
THENCE N 02 Degr. 50' 36" W, along the said west right-of-way line a
distance of 129.78 feet to the sough right-of-way line of Town and Country
Way;
THENCE S 87 Degr. 20' 16" W, along the said south right-of-way line and
being the north property lines of tracts of land belonging to H & M
Associates as recorded in the Xxxxxx County Clerk File No. F901897 and to H
& M Associates, Ltd. - Houston as recorded in the Xxxxxx Country Film Code
No. ###-##-#### a distance of 301.58 feet to the northeast corner of a
14.2531 acre tract out of tracts of land belonging to said H & M Associates
as recorded in the Xxxxxx County Clerk File No. F901897;
THENCE S 02 Degr. 38' 16" E, along the east property line of said 14.2531
acre tract and being the west property line of said H & M Associates, Ltd.
- Houston tract a distance of 192.46 feet to the north wall of Parking
Structure #3 and being the POINT OF BEGINNING (X=3091408.605,
Y=724207.227);
THENCE N 87 Degr. 21' 44" E, along the said north wall a distance of 60.00
feet to the east property line of said H & M Associates, Ltd. - Houston
tract and being the west property line of a 5.6659 acre tract out of the
said H & M Associates tract as recorded in the Xxxxxx County Clerk File No.
F901897;
EXHIBIT A
Page 14 of 16
THENCE N 87 Degr. 21' 44" E, along the said north wall a distance of
187.88 feet to the northeast corner of Parking Structure #3;
THENCE S 02 Degr. 38' 16" E, along the east wall of Parking Structure #3 a
distance of 325.25 feet to the southeast corner of Parking Structure #3;
THENCE S 87 Degr. 21' 44" W, along the south wall of Parking Structure #3
a distance of 187.88 feet to the said west property line of said 5.6659
acre tract and being the said east property line of said H & M Associates,
Ltd. - Houston tract;
THENCE S 87 Degr. 21' 44" W, along the said south wall a distance of 60.00
feet to the said west property line of said H & M Associates, Ltd. -
Houston tract and being the said east property line of said 14.2531 acre
tract;
THENCE S 87 Degr. 21' 44" W, along the said south wall a distance of
125.97 feet and being the southwest corner of Parking Structure #3;
THENCE N 02 Degr. 38' 16" W, along the west wall of Parking Structure #3 a
distance of 325.25 feet to the northwest corner of Parking Structure #3;
THENCE N 87 Degr. 21' 44" E, along the said north wall of Parking
Structure #3 a distance of 125.97 feet and being the POINT OF BEGINNING and
containing 2.7914 acres of land more or less.
M/B Written: 03-29-83
C&B Job No. 78449-031
Revised: 04-20-83
EXHIBIT A
Page 15 of 16
All of Mortgagor's right, title and interest (a) under that certain
Construction, Operation and Reciprocal Easement Agreement ("REA") dated
April 28, 1983, recorded in the Clerk's Office under Clerk's File No.
H920353 and (b) as set forth in three (3) Parking Structure Ownership
Agreements ("PARKING STRUCTURE OWNERSHIP AGREEMENTS") dated April 28, 1983,
recorded in the Clerk's Office under Clerk's File Nos. H920354, H920355 and
H920356.
EXHIBIT A
Page 16 of 16
