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1630 & 1638 Brumlow Ave., 2020 - Special Warranty Deed Fidelity National Title Fidelity National Title 850 E. State Hwy 114, Suite 200 Southlake,Texas 76092 n Agency,Inc. Phone: 817-442-1111 Fax: 817-442-9997 Via USPS August 21, 2020 City of Southlake 1400 Main St,Ste.460 Southlake,TX 76092 Attn: Shana Yelverton Re: 1630 and 1638 Brumlow Ave. Dear Ms.Yelverton, Please see enclosed the following documents for the above referenced property: 1. Original Owner's Policy 2. Recorded Copy of Correction Special Warranty Deed 3. Original Farm and Grazing Lease 4. Original Recorded Special Warranty Deed Please let us know if you have any questions and thank you for allowing us to handle this transaction for you. Sincerely, -r'tvi,a L crow escrow Asst stomt Tcrow@fidelity-usa.com http://www.fidelity-usa.com OWNER'S POLICY OF TITLE INSURANCE (T-1) Issued By: Policy Number: 0 Fidelity National Title Insurance Company Any notice of claim and any other notice or statement in writing required to be given the Company under this Policy must be given to the Company at the address shown in Section 18 of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS, FIDELITY NATIONAL TITLE INSURANCE COMPANY, a Florida corporation (the "Company") insures, as of Date of Policy and, to the extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of: 1. Title being vested other than as stated in Schedule A. 2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from: (a) A defect in the Title caused by: (i) forgery, fraud, undue influence, duress, incompetency, incapacity or impersonation; (ii) failure of any person or Entity to have authorized a transfer or conveyance; (iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized or delivered; (iv) failure to perform those acts necessary to create a document by electronic means authorized by law; (v) a document executed under a falsified, expired or otherwise invalid power of attorney; (vi) a document not properly filed, recorded or indexed in the Public Records including failure to perform those acts by electronic means authorized by law; or (vii)a defective judicial or administrative proceeding. (b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid. (c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. The term "encroachment" includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land. (d) Any statutory or constitutional mechanic's, contractor's, or materialman's lien for labor or materials having its inception on or before Date of Policy. 3. Lack of good and indefeasible Title. 4. No right of access to and from the Land. 5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting or relating to: (a) the occupancy, use or enjoyment of the Land; (b) the character, dimensions or location of any improvement erected on the Land; (c) subdivision of land; or (d) environmental protection if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to the extent of the violation or enforcement referred to in that notice. 6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice. 7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records. FORM T-1: Owner's Policy of Title Insurance(01/03/14) TX--SPS-2739843-1-20-9001182000222 FIDELITY NATIONAL TITLE INSURANCE COMPANY POLICY NO.: (continued) 8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge. 9. Title being vested other than as stated in Schedule A or being defective: (a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency or similar creditors' rights laws; or (b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state insolvency or similar creditors' rights laws by reason of the failure of its recording in the Public Records: (i) to be timely, or (ii) to impart notice of its existence to a purchaser for value or a judgment or lien creditor. 10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The Company will also pay the costs, attorneys' fees and expenses incurred in defense of any matter insured against by this Policy, but only to the extent provided in the Conditions. Fidelity National Title Insurance Company By: Issued By: Fidelity National Title Agency, Inc. '"' President %I LE 4 Attest: SEAL v � Lori Dennis Secretary FORM T-1: Owner's Policy of Title Insurance(01/03/14) TX--SPS-2739843-1-20-9001182000222 FIDELITY NATIONAL TITLE INSURANCE COMPANY POLICY NO.: (continued) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys'fees or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting or relating to: (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions or location of any improvement erected on the Land; (iii) subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is: (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. 6. The refusal of any person to purchase, lease or lend money on the estate or interest covered hereby in the land described in Schedule A because of Unmarketable Title. FORM T-1: Owners Policy of Title Insurance(01/03/14) TX--SPS-2739843-1-20-9001182000222 IMPORTANT NOTICE AVISO IMPORTANTE To obtain information or make a complaint: Para obtener informacion o para presentar una queja: You may call Fidelity National Title Insurance Usted puede Ilamar al numero de telefono gratuito Company's toll-free telephone number for de Fidelity National Title Insurance Company's para information or to make a complaint at: obtener informacion o para presentar una queja al: 1-877-862-9111 1-877-862-9111 You may contact the Texas Department of Usted puede comunicarse con el Departamento de Insurance to obtain information on companies, Seguros de Texas para obtener informacion sobre coverages, rights, or complaints at: companias, coberturas, derechos, o quejas al: 1-800-252-3439 1-800-252-3439 You may write the Texas Department of Usted puede escribir al Departamento de Seguros Insurance: de Texas a: P.O. Box 149104 P.O. Box 149104 Austin, TX 78714-9104 Austin, TX 78714-9104 Fax: (512)490-1007 Fax: (512)490-1007 Web: www.tdi.texas.gov Sitio web: www.tdi.texas.gov E-mail: ConsumerProtection(ci_)tdi.texas.gov E-mail: Cons umerProtection(a-)tdi.texas.gov PREMIUM OR CLAIM DISPUTES: DISPUTAS POR PRIMAS DE SEGUROS O Should you have a dispute concerning your RECLAMACIONES: premium or about a claim you should contact Si tiene una disputa relacionada con su prima de the company first. If the dispute is not seguro o con una reclamacion, usted debe resolved,you may contact the Texas comunicarse con la compania primero. Si la Department of Insurance. disputa no es resuelta, usted puede comunicarse con el Departamento de Seguros de Texas. ATTACH THIS NOTICE TO YOUR POLICY: ADJUNTE ESTE AVISO A SU PbLIZA: This notice is for information only and does not Este aviso es solamente para propositos become a part or condition of the attached informativos y no se convierte en parte o en document. condicion del documento adjunto. Texas Form B-0023-07 Important Notice(06/01/15) FIDELITY NATIONAL TITLE INSURANCE COMPANY POLICY NO.: 9001182000222-01 OWNER'S POLICY OF TITLE INSURANCE (T-1) SCHEDULE A Name and Address of Title Insurance Company: Fidelity National Title Insurance Company P.O. Box 45023 Jacksonville, FL 32232-5023 GF No.: FT-24411-9001182000222 Policy No.: Address for Reference only: 1630 and 1638 Brumlow Ave, Southlake, TX 76092 Amount of Insurance: $4,169,513.00 Premium: $19,299.00 Date of Policy: June 10, 2020 at 03:17 PM 1. Name of Insured: City of Southlake 2. The estate or interest in the Land that is insured by this policy is: Fee Simple 3. Title is insured as vested in: City of Southlake 4. The land referred to in this policy is described as follows: BEING a tract of land situated in the Harrison Decker Survey,Abstract No. 438, and the John N. Gibson Survey, Abstract No. 591, in Tarrant County, Texas, being a portion of those same tracts of land as conveyed to Balla C. Wright, by deed recorded in Document No. D218281862, D218204717, of the Deed Records of Tarrant County, Texas (D.R.T.C.T.), and being all of that same tract of land as conveyed to Balla C.Wright, by deed recorded in Document No. D218204714 (D.R.T.C.T.), and being all together more particularly described by metes and bounds as follows (Bearings and distances are based on the State Plane Coordinate System, Texas North Central Zone (4202) North American Datum of 1983 (NAD 83)(US Foot)with a combined scale factor of 1.00012): BEGINNING at a 1/2-inch rebar found for the Northeast corner of tract 3 of Brumlow Industrial District, an addition to the City of Southlake, Tarrant County, Texas, according to the Plat thereof recorded in Volume 388-127, Page 89 of the-Plat Records of Tarrant County, Texas (P.R.T.C.T.), same being the Southeast corner of said 3rd referenced Balla C. Wright tract, and lying on the West line of said first referenced Balla C. Wright tract; THENCE South 89 Degrees 26 Minutes 23 Seconds West, departing the West line of said first referenced Balla C. Wright tract,with the North line of said Tract 3, a distance of 592.40 feet to a 1/2-inch rebar found for the Northwest corner of said Tract 3, same being the Southwest corner of said 3rd referenced Balla C. Wright tract, and lying on the East right-of-way line of Brumlow Avenue (variable width right-of-way); THENCE North 08 Degrees 40 Minutes 37 Seconds West, with the East right-of-way line of said Brumlow, Avenue, a distance of 238.71 feet to a 1/2-inch rebar with a cap stamped "ASC' set for the Northwest corner the herein described tract; THENCE North 89 Degrees 40 Minutes 23 Seconds East, departing the East right-of-way line of said Brumlow Avenue, over, across, and through the interiors of said second and first referenced Ball C. Wright tracts, a distance of 1147.17 feet to a 1/2-inch rebar with a cap stamped "ASC'set for the Northeast corner of the herein described tract, and lying on the West line of a tract of land conveyed to Balla C. Wright, by deed recorded in Document No. D219013466 (D.R.T.C.T.); FORM T-1: Owner's Policy of Title Insurance(01/03/14) TX--SPS-2739843-1-20-9001182000222 FIDELITY NATIONAL TITLE INSURANCE Policy No.: COMPANY SCHEDULE A (continued) THENCE South 00 Degrees 18 Minutes 35 Seconds East, with the West line of said 4th referenced Balla C. Wright tract, a distance of 811.76 feet to a 1/2-inch rebar found for the Southeast corner of said 1st referenced Balla C. Wright tract, same being the Southwest corner of said 4th referenced Balla C. Wright tract, and lying on the North line of a tract of land conveyed to Nustar Logistics, L.P., by deed recorded in Document No. D208041261 (D.R.T.C.T.); THENCE North 89 Degrees 52 Minutes 22 Seconds West, with the North line of said Nustar tract, a distance of 517.21 feet to a 1/2-inch rebar with a cap stamped "ASC'set for the Southwest corner if said 1st referenced Balla C. Wright tract, same being the Southeast corner of Tract 2, of Brumlow Industrial District, an addition to the City of Southlake, Tarrant County, Texas, according to the Plat thereof recorded in Volume 388-127, Page 89 (P.R.T.C.T.); THENCE North 00 Degrees 35 Minutes 37 Seconds West, departing the North line of said Nustar tract, with the East line of said Tract 2, and the East line of said Tract 3, passing at a distance of 424.15 feet a 5/8-inch rebar found for the Northeast corner of said Tract 2, same being the Southeast corner of said Tract 3, and continuing for a total distance of 573.90 feet to the POINT OF BEGINNING and containing a total of 563,565 square feet, or 12.938 acres of land, more or less. NOTE: COMPANY DOES NOT REPRESENT THAT THE ABOVE ACREAGE AND/OR SQUARE FOOTAGE CALCULATIONS ARE CORRECT. END OF SCHEDULE A FORM T-1: Owner's Policy of Title Insurance(01/03/14) TX--SPS-2739843-1-20-9001182000222 FIDELITY NATIONAL TITLE INSURANCE COMPANY POLICY NO.: SCHEDULE B EXCEPTIONS FROM COVERAGE Policy No.: GF No.: This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of the terms and conditions of the leases and easements, if any, shown in Schedule A, and the following matters: 1. Item 1, Schedule B is hereby deleted. 2. Shortages in area. 3. Homestead or community property or survivorship rights, if any, of any spouse of any Insured. 4. Any title or rights asserted by anyone, including, but not limited to, persons, the public, corporations, governments or other entities, a. to tidelands, or lands comprising the shores or beds or navigable or perennial rivers and streams, lakes, bays, gulfs or oceans, or b. to lands beyond the line of the harbor or bulkhead lines as established or changed by any government, or C. to filled-in lands, or artificial islands, or d. to statutory water rights, including riparian rights, or e. to the area extending from the line of mean low tide to the line of vegetation, or the rights of access to that area or easement along and across that area. 5. Standby fees, taxes and assessments by any taxing authority for the year 2020, and subsequent years; and subsequent taxes and assessments by any taxing authority for prior years due to change in land usage or ownership, but not those taxes or assessments for prior years because of an exemption granted to a previous owner of the property under Section 11.13, Texas Tax Code, or because of improvements not assessed for a previous tax year. 6. The following matters and all terms of the documents creating or offering evidence of the matters (The Company must insert matters or delete this exception): a. Rights of parties in possession. b. All leases, grants, exceptions or reservations of coal, lignite, oil, gas and other minerals, together with all rights, privileges, and immunities relating thereto, appearing in the Public Records whether listed in Schedule B or not. There may be leases, grants, exceptions or reservations of mineral interest that are not listed. C. Interest in and to all coal, lignite, oil, gas and other minerals, and all rights incident thereto, contained in instrument dated February 20, 1946, recorded March 14, 1946 at Volume 1775, Page 80, of the Official Records of Tarrant County, Texas,which document contains the following language; an undivided one half interest in and to all of the oil, petroleum, gas, coal, asphalt, and all other minerals. Reference to which instrument is here made for particulars. No further search of title has been made as to the interest(s)evidenced by this instrument, and the Company makes no representation as to the ownership or holder of such interest(s). d. Easement(s)and rights incidental thereto, as granted in a document: FORM T-1: Owners Policy of fide Insurance(01/03/14) TX--SPS-2739843-1-20-9001182000222 FIDELITY NATIONAL TITLE INSURANCE COMPANY POLICY NO.: SCHEDULE B EXCEPTIONS FROM COVERAGE (continued) Granted to: The Shamrock Pipe Line Corporation Purpose: As provided in said document Recording Date: August 3, 1981 Recording No: in Volume 7160, Page 2341, Real Property Records, Tarrant County Texas Shown and Noted on Survey dated March 12, 2020, Last Revision date April 02, 2020, Arthur Land Surveying, prepared by Thomas William Mauk Registered Professional Land Surveyor#5119, Job No. W R 1911.3482-02 e. Interest in and to all coal, lignite, oil, gas and other minerals, and all rights incident thereto, contained in instrument dated June 10, 2020, recorded June 10, 2020 at D220133845 of the Official Records of Tarrant County, Texas, which document contains the following language: Grantor hereby reserves unto Grantor all of Grantor's present and reversionary rights, titles and interests in and to all of the oil, gas and other minerals in, on and under or that may be produced from the property ("Grantor's Retained Minerals"). Reference to which instrument is here made for particulars. No further search of title has been made as to the interest(s) evidenced by this instrument, and the Company makes no representation as to the ownership or holder of such interest(s). FORM T-1: Owners Policy of Title Insurance(01/03/14) TX--SPS-2739843-1-20-9001182000222 FIDELITY NATIONAL TITLE INSURANCE COMPANY POLICY NO.: CONDITIONS 1. DEFINITION OF TERMS. The following terms when used in this policy mean: (a) "Amount of Insurance": the amount stated in Schedule A, as may be increased or decreased by endorsement to this policy, increased by Section 8(b),or de-creased by Sections 10 and 11 of these Conditions. (b) "Date of Policy":The date designated as"Date of Policy"in Schedule A. (c) "Entity":A corporation,partnership,trust, limited liability company or other similar legal entity. (d) "Insured":the Insured named in Schedule A.. (i) The term"Insured"also includes: (A) successors to the Title of the Insured by operation of law as distinguished from purchase, including heirs, devisees, survivors, personal representatives or next of kin; (B) successors to an Insured by dissolution,merger,consolidation,distribution or reorganization; (C) successors to an Insured by its conversion to another kind of Entity; (D) a grantee of an Insured under a deed delivered without payment of actual valuable consideration conveying the Title: (1) If the stock,shares,memberships,or other equity interests of the grantee are wholly-owned by the named Insured, (2) If the grantee wholly owns the named Insured, (3) If the grantee is wholly-owned by an affiliated Entity of the named Insured, provided the affiliated Entity and the named Insured are both wholly-owned by the same person or Entity,or (4) If the grantee is a trustee or beneficiary of a trust created by a written instrument established by the Insured named in Schedule A for estate planning purposes. (ii) With regard to(A), (B), (C)and(D)reserving, however, all rights and defenses as to any successor that the Company would have had against any predecessor Insured. (e) "Insured Claimant":an Insured claiming loss or damage. (f) "Knowledge"or"Known":actual knowledge, not constructive knowledge or notice that may be imputed to an Insured by reason of the Public Records or any other records that impart constructive notice of matters affecting the Title. (g) "Land": the land described in Schedule A, and affixed improvements that by law constitute real property.The term "Land"does not include any property beyond the lines of the area described in Schedule A, nor any right,title,interest,estate or easement in abutting streets,roads, avenues, alleys, lanes,ways or waterways, but this does not modify or limit the extent that a right of access to and from the Land is insured by this policy. (h) "Mortgage":mortgage,deed of trust,trust deed,or other security instrument, including one evidenced by electronic means authorized by law. (i) "Public Records": records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. With respect to Covered Risk 5(d), "Public Records" shall also include environmental protection liens filed in the records of the clerk of the United States District Court for the district where the Land is located. 0) "Title":the estate or interest described in Schedule A. (k) "Unmarketable Title":Title affected by an alleged or apparent matter that would permit a prospective purchaser or lessee of the Title or lender on the Title to be released from the obligation to purchase, lease or lend if there is a contractual condition requiring the delivery of marketable title. 2. CONTINUATION OF INSURANCE. The coverage of this policy shall continue in force as of Date of Policy in favor of an Insured, but only so long as the Insured retains an estate or interest in the Land,or holds an obligation secured by a purchase money Mortgage given by a purchaser from the Insured,or only so long as the Insured shall have liability by reason of warranties in any transfer or conveyance of the Title.This policy shall not continue in force in favor of any purchaser from the Insured of either(i)an estate or interest in the Land,or(ii)an obligation secured by a purchase money Mortgage given to the Insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT. The Insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 5(a) below, or(ii) in case Knowledge shall come to an Insured hereunder of any claim of title or interest that is adverse to the Title, as insured,and that might cause loss or damage for which the Company may be liable by virtue of this policy. If the Company is prejudiced by the failure of the Insured Claimant to provide prompt notice,the Company's liability to the Insured Claimant under the policy shall be reduced to the extent of the prejudice. When, after the Date of the Policy, the Insured notifies the Company as required herein of a lien, encumbrance, adverse claim or other defect in Title insured by this policy that is not excluded or excepted from the coverage of this policy,the Company shall promptly investigate the charge to determine whether the lien, encumbrance, adverse claim or defect or other matter 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 otherwise 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 following actions: (i) institute the necessary proceedings to clear the lien, encumbrance, adverse claim or defect from the Title as insured; (ii) indemnify the Insured as provided in this policy;(iii)upon payment of appropriate premium and charges therefore,issue to the Insured Claimant or to a subsequent owner, mortgagee or holder of the estate or interest in the Land insured by this policy,a policy of title insurance without exception for the lien, encumbrance, adverse claim or defect, said policy to be in an amount equal to the current value of the Land or, if a loan policy, the amount of the loan; (iv) 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; (v)secure a release or other document discharging the lien,encumbrance, adverse claim or defect;or(vi)undertake a combination of(i)through(v)herein. 4. PROOF OF LOSS. In the event the Company is unable to determine the amount of loss or damage,the Company may,at its option, require as a condition of payment that the Insured Claimant furnish a signed proof of loss. The proof of loss must describe the defect, lien, encumbrance or other matter insured against by this policy that constitutes the basis of loss or damage and shall state,to the extent possible,the basis of calculating the amount of the loss or damage. 5. DEFENSE AND PROSECUTION OF ACTIONS. FORM T-1: Owner's Policy of Title Insurance(01/03/14) TX--SPS-2739843-1-20-9001182000222 FIDELITY NATIONAL TITLE INSURANCE COMPANY POLICY NO.: (continued) (a) Upon written request by the Insured, and subject to the options contained in Sections 3 and 7 of these Conditions,the Company, at its own cost and without unreasonable delay,shall provide for the defense of an Insured in litigation in which any third party asserts a claim covered by this policy adverse to the Insured.This obligation is limited to only those stated causes of action alleging matters insured against by this policy.The Company shall have the right to select counsel of its choice(subject to the right of the Insured to object for reasonable cause)to represent the Insured as to those stated causes of action. It shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs or expenses incurred by the Insured in the defense of those causes of action that allege matters not insured against by this policy. (b) The Company shall have the right, in addition to the options contained in Sections 3 and 7, at its own cost, to institute and prosecute any action or proceeding or to do any other act that in its opinion may be necessary or desirable to establish the Title,as insured,or to prevent or reduce loss or damage to the Insured.The Company may take any appropriate action under the terms of this policy,whether or not it shall be liable to the Insured.The exercise of these rights shall not be an admission of liability or waiver of any provision of this policy. If the Company exercises its rights under this subsection,it must do so diligently. (c) Whenever the Company brings an action or asserts a defense as required or permitted by this policy,the Company may pursue the litigation to a final determination by a court of competent jurisdiction and it expressly reserves the right, in its sole discretion, to appeal from any adverse judgment or order. 6. DUTY OF INSURED CLAIMANT TO COOPERATE. (a) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding and any appeals,the Insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, including the right to use,at its option,the name of the Insured for this purpose.Whenever requested by the Company,the Insured,at the Company's expense, shall give the Company all reasonable aid(i)in securing evidence,obtaining witnesses,prosecuting or defending the action or proceeding, or effecting settlement,and(ii)in any other lawful act that in the opinion of the Company may be necessary or desirable to establish the Title or any other matter as insured. If the Company is prejudiced by the failure of the Insured to furnish the required cooperation, the Company's obligations to the Insured under the policy shall terminate, including any liability or obligation to defend, prosecute,or continue any litigation, with regard to the matter or matters requiring such cooperation. (b) The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized representative of the Company and to produce for examination, inspection and copying, at such reasonable times and places as may be designated by the authorized representative of the Company, all records, in whatever medium maintained, including books, ledgers, checks, memoranda, correspondence,reports,emails,disks,tapes,and videos whether bearing a date before or after Date of Policy,that reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Insured Claimant shall grant its permission, in writing,for any authorized representative of the Company to examine, inspect and copy all of these records in the custody or control of a third party that reasonably pertain to the loss or damage. All information designated as confidential by the Insured Claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Insured Claimant to submit for examination under oath, produce any reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in this subsection,unless prohibited by law or governmental regulation,shall terminate any liability of the Company under this policy as to that claim. 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS;TERMINATION OF LIABILITY. In case of a claim under this policy,the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Insurance. To pay or tender payment of the Amount of Insurance under this policy together with any costs,attorneys'fees and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to pay. Upon the exercise by the Company of this option, all liability and obligations of the Company to the Insured under this policy, other than to make the payment required in this subsection,shall terminate,including any liability or obligation to defend,prosecute,or continue any litigation. (b) To Pay or Otherwise Settle-With Parties Other than the Insured or With the Insured Claimant. (i) to pay or otherwise settle with other parties for or in the name of an Insured Claimant any claim insured against under this policy. In addition, the Company will pay any costs, attorneys'fees and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay;or (ii) to pay or otherwise settle with the Insured Claimant the loss or damage provided for under this policy,together with any costs,attorneys' fees and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in subsections(b)(i)or(ii),the Company's obligations to the Insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend,prosecute or continue any litigation. 8. DETERMINATION AND EXTENT OF LIABILITY. This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the Insured Claimant who has suffered loss or damage by reason of matters insured against by this policy. (a) The extent of liability of the Company for loss or damage under this policy shall not exceed the lesser of: (i) the Amount of Insurance;or (ii) the difference between the value of the Title as insured and the value of the Title subject to the risk insured against by this policy. (b) If the Company pursues its rights under Section 3 or 5 and is unsuccessful in establishing the Title,as insured: (i) the Amount of Insurance shall be increased by 10%;and (ii) the Insured Claimant shall have the right to have the loss or damage determined either as of the date the claim was made by the Insured Claimant or as of the date it is settled and paid. (c) In addition to the extent of liability under (a) and (b), the Company will also pay those costs, attorneys' fees and expenses incurred in accordance with Sections 5 and 7 of these Conditions. FORM T-1: Owner's Policy of Title Insurance(01/03/14) TX--SPS-2739843-1-20-9001182000222 FIDELITY NATIONAL TITLE INSURANCE COMPANY POLICY NO.: (continued) 9. LIMITATION OF LIABILITY. (a) If the Company establishes the Title,or removes the alleged defect,lien or encumbrance,or cures the lack of a right of access to or from the Land,all as insured,or takes action in accordance with Section 3 or 7,in a reasonably diligent manner by any method,including litigation and the completion of any appeals, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused to the Insured. (b) In the event of any litigation, including litigation by the Company or with the Company's consent,the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals, adverse to the Title, as insured. (c) The Company shall not be liable for loss or damage to the Insured for liability voluntarily assumed by the Insured in settling any claim or suit without the prior written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY. All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the Amount of Insurance by the amount of the payment. 11. LIABILITY NONCUMULATIVE. The Amount of Insurance shall be reduced by any amount the Company pays under any policy insuring a Mortgage to which exception is taken in Schedule B or to which the Insured has agreed, assumed,or taken subject or which is executed by an Insured after Date of Policy and which is a charge or lien on the Title,and the amount so paid shall be deemed a payment to the Insured under this policy. 12. PAYMENT OF LOSS. When liability and the extent of loss or damage have been definitely fixed in accordance with these Conditions,the payment shall be made within 30 days. 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT. (a) Whenever the Company shall have settled and paid a claim under this policy, it shall be subrogated and entitled to the rights of the Insured Claimant in the Title and all other rights and remedies in respect to the claim that the Insured Claimant has against any person or property,to the extent of the amount of any loss, costs, attorneys'fees and expenses paid by the Company. If requested by the Company, the Insured Claimant shall execute documents to evidence the transfer to the Company of these rights and remedies.The Insured Claimant shall permit the Company to sue, compromise or settle in the name of the Insured Claimant and to use the name of the Insured Claimant in any transaction or litigation involving these rights and remedies. If a payment on account of a claim does not fully cover the loss of the Insured Claimant,the Company shall defer the exercise of its right to recover until after the Insured Claimant shall have recovered its loss. (b) The Company's right of subrogation includes the rights of the Insured to indemnities, guaranties, other policies of insurance or bonds, notwithstanding any terms or conditions contained in those instruments that address subrogation rights. 14. ARBITRATION. Either the Company or the Insured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Title Association("Rules"). Except as provided in the Rules,there shall be no joinder or consolidation with claims or controversies of other persons. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Insured arising out of or relating to this policy, any service in connection with its issuance or the breach of a policy provision, or to any other controversy or claim arising out of the transaction giving rise to this policy.All arbitrable matters when the Amount of Insurance is$2,000,000 or less shall be arbitrated at the option of either the Company or the Insured, unless the Insured is an individual person(as distinguished from an Entity). All arbitrable matters when the Amount of Insurance is in excess of $2,000,000 shall be arbitrated only when agreed to by both the Company and the Insured. Arbitration pursuant to this policy and under the Rules shall be binding upon the parties. Judgment upon the award rendered by the Arbitrator(s)may be entered in any court of competent jurisdiction. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT. (a) This policy together with all endorsements,if any,attached to it by the Company is the entire policy and contract between the Insured and the Company. In interpreting any provision of this policy,this policy shall be construed as a whole. (b) Any claim of loss or damage that arises out of the status of the Title or by any action asserting such claim,shall be restricted to this policy. (c) Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized person,or expressly incorporated by Schedule A of this policy. (d) Each endorsement to this policy issued at any time is made a part of this policy and is subject to all of its terms and provisions. Except as the endorsement expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsement, (iii) extend the Date of Policy or (iv) increase the Amount of Insurance. Each Commitment, endorsement or other form, or provision in the Schedules to this policy that refers to a term defined in Section 1 of the Conditions shall be deemed to refer to the term regardless of whether the term is capitalized in the Commitment,endorsement or other form,or Schedule. Each Commitment, endorsement or other form, or provision in the Schedules that refers to the Conditions and Stipulations shall be deemed to refer to the Conditions of this policy. 16. SEVERABILITY. In the event any provision of this policy, in whole or in part, is held invalid or unenforceable under applicable law,the policy shall be deemed not to include that provision or such part held to be invalid and all other provisions shall remain in full force and effect. 17. CHOICE OF LAW; FORUM. (a) Choice of Law: The Insured acknowledges the Company has underwritten the risks covered by this policy and determined the premium charged therefor in reliance upon the law affecting interests in real property and applicable to the interpretation, rights, remedies or enforcement of policies of title insurance of the jurisdiction where the Land is located. Therefore,the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity of claims against the Title that are adverse to the Insured,and in interpreting and enforcing the terms of this policy. In neither case shall the court or arbitrator apply its conflicts of laws principles to determine the applicable law. (b) Choice of Forum:Any litigation or other proceeding brought by the Insured against the Company must be filed only in a state or federal court within the United States of America or its territories having appropriate jurisdiction. FORM T-1: Owners Policy of Title Insurance(01/03/14) TX--SPS-2739843-1-20-9001182000222 FIDELITY NATIONAL TITLE INSURANCE COMPANY POLICY NO.: (continued) 18. NOTICES,WHERE SENT. Any notice of claim and any other notice or statement in writing required to be given the Company under this Policy must be given to the Company at National Claims Administration,P.O.Box 45023,Jacksonville, FL 32232-5023. FORM T-1: Owner's Policy of Title Insurance(01/03/14) TX--SPS-2739843-1-20-9001182000222 Office File Number Policy Jacket Number Dale of Endorsement Amount of Insurance Type Premium Code Rule 1 2 3 5 6 9 June 10,2020 $4,169,513.00 EN $1,929.90 0897_14 1 R-29C ENDORSEMENT - T-19.1 RESTRICTIONS, ENCROACHMENTS, MINERALS - OWNER'S POLICY Issued By: Attached to Policy Number: _ Fidelity National Title Insurance Company 1. The insurance provided by this endorsement is subject to the exclusions in Section 5 of this endorsement; and the Exclusions from Coverage, the Exceptions from Coverage contained in Schedule B, and the Conditions in the policy. 2. For the purposes of this endorsement only: a. "Covenant" means a covenant, condition, limitation or restriction in a document or instrument in effect at Date of Policy. b. "Improvement" means a building, structure, road, walkway, driveway, or curb, affixed to either the Land or adjoining land and that by law constitutes real property, but excluding any crops, landscaping, lawn, shrubbery, or trees. c. "Private Right" means (i) an option to purchase; (ii) a right of first refusal; or(iii)a right of prior approval of a future purchaser or occupant. 3. The Company insures against loss or damage sustained by the Insured by reason of: a. A violation on the Land at Date of Policy of an enforceable Covenant, unless an exception in Schedule B of the policy identifies the violation; b. Enforced removal of an Improvement located on the Land at Date of Policy as a result of a violation, at Date of Policy, of a building setback line shown on a plat of subdivision recorded or filed in the Public Records, unless an exception in Schedule B of the policy identifies the violation; c. A notice of a violation, recorded in the Public Records at Date of Policy, of an enforceable Covenant relating to environmental protection describing any part of the Land and referring to that Covenant, but only to the extent of the violation of the Covenant referred to in that notice, unless an exception in Schedule B of the policy identifies the notice of the violation; or d. Enforcement of a Private Right in a Covenant affecting the Title at Date of Policy based on a transfer of Title on or before Date of Policy that causes a loss of the Insured's Title. 4. The Company insures against loss or damage sustained by reason of: a. An encroachment of: i. an Improvement located on the Land, at Date of Policy, onto adjoining land or onto that portion of the Land subject to an easement; or ii. an Improvement located on adjoining land onto the Land at Date of Policy unless an exception in Schedule B of the policy identifies the encroachment otherwise insured against in Sections 4.a.i. or 4.a.ii.; or b. A final court order or judgment requiring the removal from any land adjoining the Land of an encroachment identified in Schedule B; or c. Damage to an Improvement located on the Land, at Date of Policy that is located on or encroaches onto that portion of the Land subject to an easement excepted in Schedule B, which damage results from the exercise of the right to maintain the easement for the purpose for which it was granted or reserved; or Restrictions,Encroachments,Minerals Endorsement Texas Form T-19.1(01/03/14) TX--SPS-2739843-1-20-9001182000222 Attached to Policy No. d. Damage to an Improvement located on the Land on or after Date of Policy, resulting from the future exercise of a right to use the surface of the Land for the extraction or development of minerals or any other subsurface substances excepted from the description of the Land or excepted in Schedule B. 5. This endorsement does not insure against loss or damage (and the Company will not pay costs, attorneys' fees, or expenses) resulting from: a. any Covenant contained in an instrument creating a lease; b. any Covenant relating to obligations of any type to perform maintenance, repair, or remediation on the Land; c. except as provided in Paragraph 3.c, any Covenant relating to environmental protection of any kind or nature, including hazardous or toxic matters, conditions, or substances; d. contamination, explosion,fire, fracturing, vibration, earthquake, or subsidence; or e. negligence by a person or an Entity exercising a right to extract or develop minerals or other subsurface substances. This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements. Dated: June 10, 2020 Issued By: Fidelity National Title Agency, Inc. UY't Lori Dennis Restrictions,Encroachments,Minerals Endorsement Texas Form T-19.1(01/03/14) TX--SPS-2739843-1-20-9001182000222 of 3 D220127912 6141202010:21 AM PGS 3 Fee: $27.00 Submitter: CSC ERECORDING SOLUTIONS -Electronically Recorded by Tarrant County Clerk in Official Public Records Mary Louise Nicholson CORRECTION SPECIAL'WARRANTY DEED NOTICE, OF CONF DENTIALITY RIGHTS: 117 YOU ARE A NATURAL PERSON, YOU'MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FU ED FOR RECORD IN THE PUBLICE RECORDS- YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NClyvMER. Date: March 24,2020 Grantor: Balla Wright,Independent Executor of the Estate of Joe Lucas Wright,Deceased Grantor's Mailing Address(including eounty): 601 W.wall Suvat Grapevine,Tanwt County,Texas 76051 Grantee: Balla C.Wright Grantee's Mailing Address(including county).- 601 ounty):601 W.Wall Street Grapevine,Tarrant County,Texas 76051 CONSIDERATION: TEN AND N01.100 DOLLARS($10.00)and the settlement and partitioning ofthe Estes of ace Lucas Wright,Deceased,and other valuable consideration in hand paid by Grantee,the receipt of which is hereby acknowledged and confessed. Property(including any Improvements): Grantor hereby conveys all of its interest in and to that certain lot,tract,or parcel of land being described as follows,to-wit: A tract of land out of the J.N.GIBSON SURVEY,Abst.No.591,Tarrant County,Texas and described as follows: BEGINNING at an iron pin in the East line of said Gibson Survey, said point being, by deed call, South 1867.65 ft.from its NE corner; THENCE S.213.8 f to an iron pin for comer, THENCE S. 89 deg,46 min.W.592.4 ft,to an iron pin in the E.line of County Rd.No.3041; THENCE N.08 deg.21 min.W.along said E,line 218.5&to an iron pin for corner; THENCE,E.623.9 ft.to the POINT OF BEGINNING and containing 3.0 acres of land. SAVE AND EXCEPT ANY PORTION LYING IN ROAD OR ROADWAY,PUBLIC OR PRI'VA'TE. Reservations from and Exceptions to Conveyance and'Warranty: CORRECTION SPECIAL, WARP-4NTYI)EED NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU'MAY REMOVE OR STRIKE ANY OF, THE FOLLOWING INFORAIATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN TIME PUBLICE RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S I..,ICENSE NUMBER. Date: March 24,2020 Grantor: Balla Wright. Independent Executor of the Estate of Joe Lucas Wright,Deceased Grantor's Mailing Address (including county): 601 W. Wall Street Grapevine,Tarrant County,Texas 76051 Grantee: Balla C. Wright Grantee's Mailing Address (including county): 601 W. Wall Street Grapevine,Tarrant County,Texas 76051 CONSIDERATION: TEN AND NO/100DOLLARS ($10,00)and the settlement and partitioning of the Estate of Joe Lucas Wright,Deceased,and other valuable consideration in hand paid by Grantee,the receipt of which is hereby acknowledged and confessed. Property(including any improvements): Grantor hereby conveys all of its interest in and to that certain lot,tract,or parcel of land being described as follows,to-wit.. A tract of land out of the J.N. G113SON SURVEY,Abst. No. 591,Tarrant County,Texas and described as follows: BEGINNING at an iron pill in the East tine of said Gibson Survey, said point being, by deed call, South 1867.65 ft. from its NNE corner; I I I-IFNCE S. 213.8 ft.to all iron pin for comer; THENCE S. 89 deg.46 inin. W. 592.4 ft, to an iron pill in the F. line of County Rd.No. 3041; 1; THENCE N. 08 deg, 21 min. W. along said E. line 218,5 ft.to all iron pin for comer; TFIENCE E. 623.9 ft. to the POINT OF BEGINNING and containing 3.0 acres of land. SAVE AND EXCEPT ANY PORTION LYING IN ROAD OR ROADWAY, PUBLIC OR PRIVATE. Reservations from and Exceptions to Conveyance and Warranty: This conveyance is subject to all restrictions,reservations,easements,prescriptions,rights-of-way, maintenance or similar charges and any liens securing the payment thereof, declarations, covenants and conditions of record, if any, in the office of the County Clerk of Tarrant County, Texas, but only to the extent they are presently of record and in effect. Grantor, for the consideration and subject to the reservations from and exceptions to conveyance and warranty, grants, sells and conveys to Grantee the property, together with all and singular the rights and appurtenances thereto in any wise belonging,to have and hold it to Grantee,Grantee's heirs,executors, administrators, successors, or assigns forever. Grantor binds Grantor and Grantor's heirs, executors, administrators, and successors to warrant and forever defend all and singular the property to Grantee and Grantee's heirs, executors, administrators, successors, and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof,by, through or under the said GRANTOR, but not otherwise. Grantee hereby agrees to assume the payment of ad valorem taxes for the year 2018 and subsequent years. This conveyance includes all escrow funds for taxes and insurance. This deed is made in place of and to correct a deed from Grantor to Grantee dated August 1,2018, and recorded under Instrument Number D218204714 in the official public records of Tarrant County, "Texas. By mistake the legal description was incorrect. This correction deed is made by Grantor and accepted by Grantee to correct that mistake, is effective on August 1, 2018, and in all other respects confirms the former deed. When the context requires, singular nouns and pronouns include the plural. EXECUTED this. day of {.; ,. , 2020. Balla Wright,Independent Executor to the Estate of Joe Lucas Wright, Deceased STATE OF TEXAS § COUNTY OF TARRANT § This instrument was ackirowledged before me on the r< � day of t � n,� 2020, by Balla Wright,Independent Executor of the Estate of Joe Lucas Wright,Deceased. .�... r r a� ro,• ®;n DEB DONALDSON Notary Public, State of Texas '* Notary Pubic Notary's name: STATE OF TEXAS Notary Commission Ex Tres: 6 My Coram.Exp,1-24-2021 p AFTER RECORDING RETURN TO: Balla C. Wright 601 W. Wall.Street Grapevine, Texas 76051 FARM AND GRAZING LEASE This Farm and Grazing Lease (this "Lease") is entered into by and between The City of Southlake ("Landlord"), and Balla C. Wright ("Tenant"). Landlord and Tenant have mutually agreed that Landlord shall lease to Tenant that certain tract of land located in Tarrant County, Southlake, TX (the "Property), as more particularly described in the attached Exhibit"A," which is incorporated into this Lease for all purposes. The terms and conditions of this Lease are as follows: 1. TERM OF LEASE: This Lease shall run from June 10, 2020 to June 9, 2022. 2. RENT: As rent, Tenant agrees to pay to Landlord $1.00 per year and other valuable consideration. 3. RENEWAL: This Lease will not be renewed unless agreed to in writing by Landlord and Tenant. 4. TERMINATION. Landlord or Tenant may tenninate this Lease at any time with thirty (30) days' prior written notice to the other party. Any violation of the terms or conditions herein shall give Landlord the right to terminate Lease immediately upon written notice to Tenant of such violation. If termination becomes necessary for just cause, Tenant will forfeit all prepaid rent. 5. USAGE: The purpose of this Lease is to provide Tenant with exclusive grazing and cultivation rights on the Property. No other rights, such as hunting, fishing or recreational activity, etc., shall be granted or assumed during the term of this Lease. Tenant shall not cut, nor permit to be cut, any growing timber or remove, or permit to be removed, any gravel or rock deposits on the Property. Tenant shall not be permitted to make any permanent alterations, additions, or improvements to the Property. 6. CONSERVATION AND OTHER IMPROVED PRACTICES: The Property shall be operated with due regard for the conservation of resources and for improved farming practices. 7. IMPROVEMENTS AND REPAIRS: Landlord is obligated to make no improvements or repairs upon the Property. 8. PARTNERSHIP: This Lease does not give rise to a partnership. Neither party shall have authority to bind the other without the written consent of both parties. 9. NO ASSIGNMENT: Tenant shall not have the right to assign this Lease or sublet any portion of the Property without the express written consent of Landlord. 10. EXCLUSIONS and RESERVATIONS: Deleted Farm and Grazing Lease Page 1 11. RIGHT OF ENTRY: Landlord shall have the right, in person or by agent, to enter upon the Property at any time and without restriction. Landlord and agents shall timely close any gates used to enter the property. 12. INSURANCE: Tenant agrees to keep liability insurance in force in an amount sufficient to cover claims arising from personal injury or property damage which may result from Tenant's employees and/or animals causing accident or injury to others. Tenant shall provide Landlord with a Certificate of Insurance showing Landlord as an"Additional Insured" on such policies. 13. INDEMNIFICATION: Tenant shall be liable to Landlord for, and agrees to indemnify and hold hannless Landlord and its employees and agents from and against, any and all suits, claims, liabilities, settlements, losses and expenses (to the extent such are not covered by the insurance policies held pursuant to Paragraph 12 above) incurred by Landlord arising out of any claim based upon acts performed or omitted to be performed by Tenant arising out of or incidental to this Lease or the use or occupancy of the Property by Tenant, including, but not limited to, injuries to third parties, or employees of Tenant and Landlord, damage to property (whether of Tenant or any third party) and any consequential or incidental damages. 14. MODIFICATIONS OF THESE AGREEMENTS. All modifications of this Lease must be in writing and signed by Landlord and Tenant. 15. CANCELLATION: In the event of a sale or non-grazing lease of all or part of the Property, or in the event that all or some portion of the Property is placed into development, Landlord reserves the right to cancel those portions of this Lease which would be affected by such sale or development, by giving Tenant thirty (30) days' prior written notice. If this Lease, or any portion of this Lease, is canceled due to a sale or development of all or part of the Property, all rents heretofore paid shall be prorated to the date of the cancellation. 16. NOTIFICATION: Any notice required or permitted to be delivered hereunder shall be deemed effective when sent to the address or telecopy number of the party to receive such notice set forth below if effected by telecopy, hand delivery, by Federal Express or other reputable courier service, or when deposited in any post office or mail receptacle regularly maintained by the United States Government, certified or registered mail, return receipt requested, postage prepaid, addressed as follows: Farm and Grazing Lease Page 2 Landlord: The City of Southlake Atten: Shana Yelverton 1400 Main Street, Suite 460 Southlake,TX 76092 Phone: 817-748-8001 Fax: 817-748-8010 Email: syelverton@ci.southlake.tx.us Tenant: Balla C. Wright 601 W. Wall Street Grapevine, TX 76051 Phone: 817-475-5068 Fax: Email: lwright@wrightconst.com IN WITNESS WHEREOF, the parties hereto have executed and delivered this Lease on this 10th day of June, 2020. Farm and Grazinj4 Lease Page 3 Landlord: The City of Southlake Atten: Shana Yelverton 1400 Main Street, Suite 460 Southlake, TX 76092 Phone: 817-748-8001 Fax: 817-748-8010 Email: syelverton@ci.southlake.tx.us Tenant: Balla C. Wright 601 W. Wall Street Grapevine, TX 76051 Phone: 817-475-5068 Fax: Email: lwright@wrightconst.com IN WITNESS WHEREOF, the parties hereto have executed and delivered this Lease on this 10th day of June, 2020. LAN ORD: TENANT: Farm and Grazing Lease Page 3 Exhibit"A" Legal Description BEING a tract of land situated in the Harrison Decker Survey, Abstract No. 438, and the John N. Gibson Survey, Abstract No. 591, in Tarrant County, Texas, being a portion of those same tracts of land as conveyed to Balla C. Wright, by deed recorded in Document No. D218281862, D218204717, of the Deed Records of Tarrant County, Texas (D.R.T.C.T.), and being all of that same tract of land as conveyed to Balla C.Wright,by deed recorded in Document No.D218204714 (D.R.T.C.T.), and being all together more particularly described by metes and bounds as follows (Bearings and distances are based on the State Plane Coordinate System,Texas North Central Zone (4202) North American Datum of 1983 (NAD 83)(US Foot) with a combined scale factor of 1.00012): BEGINNING at a 1/2-inch rebar found for the Northeast corner of tract 3 of Brumlow Industrial District,an addition to the City of Southlake, Tarrant County, Texas, according to the Plat thereof recorded in Volume 388-127, Page 89 of the Plat Records of Tarrant County, Texas (P.R.T.C.T.), same being the Southeast corner of said 3rd referenced Balla C. Wright tract, and lying on the West line of said first referenced Balla C. Wright tract; THENCE South 89 Degrees 26 Minutes 23 Seconds West, departing the West line of said first referenced Balla C. Wright tract, with the North line of said Tract 3, a distance of 592.40 feet to a 1/2-inch rebar found for the Northwest corner of said Tract 3, same being the Southwest corner of said 3rd referenced Balla C. Wright tract, and lying on the East right-of-way line of Brumlow Avenue (variable width right-of-way); THENCE North 08 Degrees 40 Minutes 37 Seconds West, with the East right-of-way line of said Brumlow Avenue, a distance of 238.71 feet to a 1/2-inch rebar with a cap stamped"ASC" set for the Northwest corner the herein described tract; THENCE North 89 Degrees 40 Minutes 23 Seconds East, departing the East right-of-way line of said Brumlow Avenue, over, across, and through the interiors of said second and first referenced Ball C. Wright tracts, a distance of 1147.17 feet to a 1/2-inch rebar with a cap stamped"ASC"set for the Northeast corner of the herein described tract, and lying on the West line of a tract of land conveyed to Balla C. Wright, by deed recorded in Document No. D219013466 (D.R.T.C.T.); THENCE South 00 Degrees 18 Minutes 35 Seconds East,with the West line of said 4th referenced Balla C. Wright tract, a distance of 811.76 feet to a 1/2-inch rebar found for the Southeast corner of said 1St referenced Balla C. Wright tract, same being the Southwest corner of said 4th referenced Balla C. Wright tract, and lying on the North line of a tract of land conveyed to Nustar Logistics, L.P., by deed recorded in Document No. D208041261 (D.R.T.C.T.); THENCE North 89 Degrees 52 Minutes 22 Seconds West,with the North line of said Nustar tract, a distance of 517.21 feet to a 1/2-inch rebar with a cap stamped"ASC"set for the Southwest corner if said 1St referenced Balla C. Wright tract, same being the Southeast corner of Tract 2,of Brumlow Industrial District, an addition to the City of Southlake, Tarrant County, Texas, according to the Plat thereof recorded in Volume 388-127, Page 89 (P.R.T.C.T.); THENCE North 00 Degrees 35 Minutes 37 Seconds West,departing the North line of said Nustar tract, with the East line of said Tract 2, and the East line of said Tract 3, passing at a distance of 424.15 feet a 5/8-inch rebar found for the Northeast corner of said Tract 2, same being the Southeast corner of said Tract 3, and continuing for a total distance of 573.90 feet to the POINT OF BEGINNING and containing a total of 563,565 square feet, or 12.938 acres of land, more or less. ---------------- Page --Page 1 of 5 D220133845 6/1012020 3:17 PM PGS 5 Fee_ $33.00 Submitter: CSC ERECORDING SOLUTIONS Electronically Recorded by Tarrant County Clerk in Official Public Records_ n "J Mary Louise Nicholson NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER SPECIAL WARRANTY DEED THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARR.ANT § FOR VALUABLE CONSIDERATION, the receipt and adequacy of which are hereby acknowledged, Balla C. Wright,hereinafter referred to as "Grantor,"whether one or more,has GRANTED, SOLD and CONVEYED, and by these presents does hereby GRANT, SELL and CONVEY unto the City of Southlake, a , herein referred to as "Grantee," that certain real property located in the County of Tarrant, State of Texas, more particularly described on Exhibit "A" attached hereto and incorporated herein by this reference (the"Land"),together with all of Grantor's right, title and interest in and to the fixtures and improvements located on the Land (the "Improvements"}, and together with all rights,privileges and easements appurtenant to the Land,all water,wastewater and other utility rights relating to the Land and any and all easements,rights-of-way and other appurtenances used in connection with the beneficial use and enjoyment of the Land,in each case to the extent assignable(the "Appurtenances") (the Land, Improvements and Appurtenances collectively referred to as the "Property") Grantor hereby reserves unto Grantor all of Grantor's present and reversionary rights, titles and -a. interests in and to all of the oil, gas and other minerals in,-on and under or that may be produced from the Property("Grantor's Retained Minerals"). Grantor hereby agrees to waive and does hereby waive any and all rights to go on or about or use the surface of the property for the exploration, production or development of oil, gas or other minerals, and Grantor does hereby agree, in conducting exploration for, and production, processing, transportation, and marketing of oil,gas,or other minerals from the Property,not to use or occupy any portion of the surface of any part of the Property or place any fixtures, equipment, buildings or structures thereon; provided,however,this waiver shall not be construed as waiving,releasing,or relinquishing any of Grantor's right, title or interest in and to the oil, gas and other minerals that may be produced from the Property or the right of Grantor to explore, develop or produce such oil, gas, and other minerals by means which do not include the use of the surface of the Property,including,without limitation,directional wells drilled under any part of the Property from a site off the Property or by pooling of the Property with other lands. The term "minerals" as used herein means oil, gas and other minerals of every kind and character, including, without limitation, sulphur, coal, lignite, uranium, vanadium and other fissionable source materials and spatially associated materials,and geothermal energy(including entrained methane,hydrostatic pressure and thermal energy). This conveyance is being made by Grantor and accepted by Grantee subject only to those certain title exceptions(the"Permitted Exceptions")set forth in Exhibit"B"attached hereto and made a part hereof for all purposes, but only to the extent that such exceptions are valid, existing, and, in fact, affect the Property. TO HAVE AND TO HOLD the above described premises,together with all and singular the rights and SgS&jal Warranty Deed—Page 1 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. SPECIAL WARRANTY DEED THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT § FOR VALUABLE CONSIDERATION, the receipt and adequacy of which are hereby acknowledged, Balla C. Wright, hereinafter referred to as "Grantor," whether one or more, has GRANTED, SOLD and CONVEYED, and by these presents does hereby GRANT, SELL and CONVEY unto the City of Southlake, a herein referred to as "Grantee," that certain real property located in the County of Tarrant, State of Texas, more particularly described on Exhibit "A" attached hereto and incorporated herein by this reference (the "Land"), together with all of Grantor's right, title and interest in and to the fixtures and improvements located on the Land (the "Improvements"), and together with all rights,privileges and easements appurtenant to the Land, all water, wastewater and other utility rights relating to the Land and any and all easements, rights-of-way and other appurtenances used in connection with the beneficial use and enjoyment of the Land, in each case to the extent assignable(the "Appurtenances") (the Land, Improvements and Appurtenances collectively referred to as the "Property"). Grantor hereby reserves unto Grantor all of Grantor's present and reversionary rights, titles and interests in and to all of the oil, gas and other minerals in, on and under or that may be produced from the Property ("Grantor's Retained Minerals"). Grantor hereby agrees to waive and does hereby waive any and all rights to go on or about or use the surface of the property for the exploration, production or development of oil, gas or other minerals, and Grantor does hereby agree, in conducting exploration for, and production, processing, transportation, and marketing of oil, gas, or other minerals from the Property, not to use or occupy any portion of the surface of any part of the Property or place any fixtures, equipment, buildings or structures thereon; provided, however, this waiver shall not be construed as waiving, releasing, or relinquishing any of Grantor's right, title or interest in and to the oil, gas and other minerals that may be produced from the Property or the right of Grantor to explore, develop or produce such oil, gas, and other minerals by means which do not include the use of the surface of the Property, including, without limitation, directional wells drilled under any part of the Property from a site off the Property or by pooling of the Property with other lands. The term "minerals" as used herein means oil, gas and other minerals of every kind and character, including, without limitation, sulphur, coal, lignite, uranium, vanadium and other fissionable source materials and spatially associated materials, and geothermal energy (including entrained methane, hydrostatic pressure and thermal energy). This conveyance is being made by Grantor and accepted by Grantee subject only to those certain title exceptions (the"Permitted Exceptions") set forth in Exhibit"B" attached hereto and made a part hereof for all purposes, but only to the extent that such exceptions are valid, existing, and, in fact, affect the Property. TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and Special Warranty Deed—Page I appurtenances thereto in anywise belonging unto the said Grantee, Grantee's heirs, executors, administrators, successors and/or assigns forever; and Grantor does hereby bind Grantor, Grantor's heirs, executors, administrators, successors and/or assigns to WARRANT AND FOREVER DEFEND all and singular the said premises unto the said Grantee, Grantee's heirs, executors, administrators, successors and/or assigns, against every person whomsoever claiming or to claim the same or any part thereof, by, through, or under Grantor,but not otherwise. Ad valorem taxes for the year of this deed have been prorated; accordingly, by its acceptance of this Deed, Grantee assumes responsibility to pay all ad valorem taxes on the Property for such year and all subsequent years. Grantee's Mailing Address: 1400 Main St., Ste. 460, Southlake,Tarrant County,Texas 76092. Signature Page Follows Special Warranter—Page 2 EXECUTED to be effective as of the I�" day of JUY*- 2020. GRANTOR: �Balla C. Wright THE STATE OF TEXAS § COUNTY OF The foregoing instrument was acknowledged before me on the 2020, day of by Balla C.Wright Deb Donaldson Notary P,blic,State of Texas NOTARY PUBLIC, STATE OF TEXAS Gomin.Expires 01/2412021 Notary ID 11970986 AFTER RECORDING,RETURN TO: City of Southlake 1400 Main St., Ste. 460, Southlake,Texas 76092. Special Warranty Deed—Signature Page i EXHIBIT"A" LEGAL DESCRIPTION OF THE LAND BEING a tract of land situated in the Harrison Decker Survey, Abstract No. 438, and the John N. Gibson Survey, Abstract No. 591, in Tarrant County, Texas, being a portion of those same tracts of land as conveyed to Balla C. Wright, by deed recorded in Document No. D218281862, D218204717, of the Deed Records of Tarrant County, Texas (D.R.T.C.T.), and being all of that same tract of land as conveyed to Balla C. Wright, by deed recorded in Document No. D218204714 (D.R.T.C.T.), and being all together more particularly described by metes and bounds as follows (Bearings and distances are based on the State Plane Coordinate System, Texas North Central Zone (4202) North American Datum of 1983 (NAO 83)(US Foot) with a combined scale factor of 1.00012): BEGINNING at a 1/2-inch rebar found for the Northeast corner of tract 3 of Brumlow Industrial District, an addition to the City of Southlake, Tarrant County, Texas, according to the Plat thereof recorded in Volume 388-127, Page 89 of the Plat Records of Tarrant County, Texas (P.R.T.C.T.), same being the Southeast corner of said 3rd referenced Balla C. Wright tract, and lying on the West line of said first referenced Balla C. Wright tract; THENCE South 89 Degrees 26 Minutes 23 Seconds West, departing the West line of said first referenced Balla C. Wright tract,with the North line of said Tract 3,a distance of 592.40 feet to a 1/2- inch rebar found for the Northwest corner of said Tract 3, same being the Southwest corner of said 3rd referenced Balla C. Wright tract, and lying on the East right-of-way line of Brumlow Avenue (variable width right-of-way); THENCE North 08 Degrees 40 Minutes 37 Seconds West, with the East right-of-way line of said Brumlow Avenue, a distance of 238.71 feet to a 1/2-inch rebar with a cap stamped "ASC" set for the Northwest corner the herein described tract; THENCE North 89 Degrees 40 Minutes 23 Seconds East, departing the East right-of-way line of said Brumlow Avenue, over, across, and through the interiors of said second and first referenced Ball C. Wright tracts, a distance of 1147.17 feet to a 1/2-inch rebar with a cap stamped "ASC" set for the Northeast corner of the herein described tract, and lying on the West line of a tract of land conveyed to Balla C. Wright, by deed recorded in Document No. D219013466 (D.R.T.C.T.); THENCE South 00 Degrees 18 Minutes 35 Seconds East, with the West line of said 4th referenced Balla C. Wright tract, a distance of 811.76 feet to a 1/2-inch rebar found for the Southeast corner of said 1 st referenced Balla C. Wright tract, same being the Southwest corner of said 4th referenced Balla C. Wright tract, and lying on the North line of a tract of land conveyed to Nustar Logistics, L.P.,by deed recorded in Document No. D208041261 (D.R.T.C.T.); THENCE North 89 Degrees 52 Minutes 22 Seconds West, with the North line of said Nustar tract, a distance of 517.21 feet to a 1/2-inch rebar with a cap stamped "ASC" set for the Southwest corner if said 1st referenced Balla C. Wright tract, same being the Southeast corner of Tract 2, of Brumlow Industrial District, an addition to the City of Southlake, Tarrant County, Texas, according to the Plat thereof recorded in Volume 388-127, Page 89 (P.R.T.C.T.); THENCE North 00 Degrees 35 Minutes 37 Seconds West, departing the North line of said Nustar tract, with the East line of said Tract 2, and the East line of said Tract 3, passing at a distance of 424.15 feet a 5/8-inch rebar found for the Northeast corner of said Tract 2, same being the Southeast corner of said Tract 3, and continuing for a total distance of 573.90 feet to the POINT OF BEGINNING and containing a total of 563,565 square feet, or 12.938 acres of land, more or less. Special Warranter—Exhibit"A" Y EXHIBIT"B" PERMITTED EXCEPTIONS 1. Standby fees, taxes and assessments by any taxing authority for the year 2020 and subsequent years. 2. All leases, grants, exceptions or reservations of coal, lignite, oil, gas and other minerals, together with all rights, privileges, and immunities relating thereto, appearing in the Public Records. 3. Interest in and to all coal, lignite, oil, gas and other minerals, and all rights incident thereto, contained in instrument dated February 20, 1946, recorded March 14, 1946 at Volume 1775, Page 80, of the Official Records of Tarrant County, Texas. 4. Easement(s) and rights incidental thereto, as granted in a document: Granted to: The Shamrock Pipe Line Corporation Purpose: As provided in said document Recording Date: August 3, 1981 Recording No: in Volume 7160,Page 2341,Real Property Records,Tarrant County Texas Shown and Noted on Survey dated March 12, 2020, Last Revision date April 02, 2020, Arthur Land Surveying, prepared by Thomas William Mauk Registered Professional Land Surveyor #5119,Job No. WR1911.3482-02 Special Warranty Deed—Exhibit"B"