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2010-053 RES APPROVING AND AUTHORIZING EXECUTION OF AN AGREEMENT CONCERNING THE RELEASE OF THE DAISY FARM ACREAGERESOLUTION N0. 2010-053 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING A1VD AUTHORIZING THE EXECUTION OF AN AGREEMEIVT CONCERNING THE RELEASE OF THE DAISY FARMS ACREAGE FROM THE CERTIFICATED SERVICE AREA OF LAMAR COUNTY WATER SUPPLY DISTRICT TO ALLOW THE CITY OF PARIS TO PROVIDE A REGULAR SUPPLY OF TREATED WATER TO DAISY FARMS IN CONNECTION WITH THEIR COMMERCIAL DAIRY OPERATION LOCATED IN LAMAR COUNTY, TEXAS; MAKING OTHER FINDIIVGS AND PROVISIOIVS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City is a home rule municipal corporation owning and operating a water supply and treatment system and holding water utility certificate of convenience and necessity ("CCN") number 10480; and, WHEREAS, the City provides retail water utility service to its customers and further is a wholesale supplier of water to the District; and, WHEREAS, the District is a Conservation and Reclamation District and political subdivision of the State of Texas owning and operating a water distribution system; and, WHEREAS, the District purchases water from the City under an agreement entitled "Wholesale Treated Water Contract" (hereinafter, "the Contract,) executed May 8, 2006; and, WHEREAS, subject to the Contract, the District possesses all rights granted by State law to a person holding a water utility CCN to provide retail water utility service to customers within its certificated service area; and, WHEREAS, Daisy Farms, LLC ("Daisy Farms") acquired approximately 5,299 acres in Lamar County near the intersection of State Highway 19/24 and FM 2036 to develop a commercial dairy farm being more particularly described in the Agreement attached hereto as Exhibit "A" and incorporated herein by reference(the "Property"); and, WHEREAS, the City and Daisy Farms plan to execute a long term Water Supply Agreement by which the City would provide a supply of treated water to the Property through a pipeline to be constructed between the City's treated water distribution system and a meter to be set at the site of the commercial dairy Property; and, WHEREAS, the Property is located in an area currently within the certificated area of the District and the City has requested the District to release the Property from its certificated area so that the City can begin to provide treated water to the Property; and, WHEREAS, the District has agreed to decertify the Property from its Certificated Service Area; and, WHEREAS, in return for decertifying the dairy farm acreage, the District has requested the Ciry to execute a letter to the Texas Water Development Board to help the District obtain approval on some new Water Revenue Bonds; and, WHEREAS, the Parties have also agreed to make other amendments to the 2006 Wholesale Treated Water Contract to address the service of retail customers along FM 195 and other matters which are set forth in more detail in the Agreement attached hereto as Exhibit "A"; and, WHEREAS, it is deemed to be in the best interest of the City of Paris and its citizens that the City enter into this Agreement, and the same should be in all things approved. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUIVCIL OF THE CITY OF PARIS, TEXAS: Section 1. That the findings set out in the preamble to this resolution are hereby in all things approved. Section 2. That the Agreement Concerning the Release of a portion of the District's Certificated Service Area and amendment of the Wholesale Treated Water Contract between the City of Paris and Lamar County Water Supply District as set forth in Exhibit A attached hereto, and incorporated herein by reference be and the same is hereby approved and accepted; and, Section 3. That the City Manager be, and he is hereby authorized and directed to execute on behalf of the City of Paris said Agreement with Lamar County Water Supply District substantially in accordance with the form attached hereto as Exhibit A, and any and all other necessary documents to effectuate this Agreement. Section 4. That this resolution shall be effective from and after its date of passage. PASSED AND APPROVED this 26th day of April, 2010. ,.-7 ATTEST: , J 'ce Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIly r, C A orney AGREEMENT CONCERNING RELEASE OF CERTIFICATED SERVICE AREA AND MODIFICATION OF WHOLESALE TREATED WATER CONTRACT STATE OF TEXAS § § COUNTY OF LAMAR § COMES NOW the City of Paris, Texas, (hereinafter, "the City,") by and through its duly authorized representative, and Lamar County Water Supply District, (hereinafter, "the District"), by and through its duly authorized representative, (collectively, the "Parties"), setting forth the following: WHEREAS, the City is a home rule municipal corporation owning and operating a water supply and treatment system and holding water utility certificate of convenience and necessity ("CCN") number 10480; WHEREAS, the City provides retail water utility service to its customers and further is a wholesale supplier of water to the District; WHEREAS, the District is a Conservation and Reclamation District and political subdivision of the State of Texas owning and operating a water distribution system; WHEREAS, the District purchases water from the City under an agreement entitled "Wholesale Treated Water Contract" (hereinafter, "the Contract,) executed May 8, 2006; WHEREAS, subject to the Contract, the District possesses all rights granted by State law to a person holding a water utility CCN to provide retail water utility service to customers within its certificated service area; WHEREAS, Daisy Farms, LLC ("Daisy Farms") acquired approximately 5,299 acres in Lamar County near the intersection of State Highway 19/24 and FM 2036 to develop a commercial dairy farm being more particularly described in Exhibit "A" attached hereto and incorporated herein by reference(the "Property"); WHEREAS, the City and Daisy Farms plan to execute a Water Supply Agreement by which the City would provide a supply of treated water to the Property through a pipeline to be constructed between the City's treated water distribution system and a meter to be set at the site of the commercial dairy Property; WHEREAS, the Property is located in an area currently within the certificated area of the District and the City has requested the District to release the Property from its certificated area so that the City can begin to provide treated water to the Property; WHEREAS, the District has agreed to decertify the Property from its Certificated Service Area; EXHIBIT -L Page I 1 WHEREAS, the District has requested and the City has agreed to modify the renewal provisions of the Contract in order to facilitate the District's sale of Water System Revenue Bonds, Series 2009 ("District's 2009 Water System Revenue Bonds"); WHEREAS, the District has requested and the City has agreed to modify the Contract provisions related to the District's wholesale supply of water to the City; and WHEREAS, the Parties have agreed to continue their cooperation for the purposes of implementing this Agreement. NOW THEREFORE, for good and sufficient consideration, including the mutual agreements expressed herein, the receipt and adequacy of which is acknowledged, the Parties agree as follows: 1. Agreement Related to City Service for Daisv Farms' Proqertv Daisy Farms lies within the District's Certificated Service Area. The City desires to sell treated water to Daisy Farms for its commercial dairy farm operation. Before the City can sell treated water to Daisy Farms, the District will need to submit to the Texas Commission on Environmental Quality ("TCEQ") a request for the unconditional release of Daisy Farms' Property from its certificated service area. A. In consideration of the City's agreements contained herein, the District agrees to file a request with the TCEQ seeking the release of Daisy Farms' Property from the District's certificated area as follows: The District shall, after consulting with the City as to its contents, file with TCEQ within thirty (30) days of the Effective Date of this Agreement an application to amend its water utility CCN requesting a release of the Property from the District's certificated service area. ii. The District shall include in its application the legal description of the Property to be released, a copy of said description is attached hereto and incorporated herein as Exhibit A; iii. The District shall include in its application a map and, if requested by TCEQ, digital data identifying the Property sufficient for the TCEQ to revise the District's CCN as requested; iv. The District shall timely respond to any information requests from TCEQ concerning its application and otherwise prosecute its application until an amendment deleting the Property from the District's certificated service area is issued; Page 12 v. Within thirty (30) days after TCEQ's issuance of its order releasing the Property from the District's certificated service area, the District shall provide a copy of TCEQ's order to the City; and vi. After the Effective Date of this Agreement, the District shall not object to the City constructing a water line through the District's certificated service area and providing water utility service to Daisy Farms' Property. B. In consideration of the District's agreements contained herein, the City agrees as follows: i. The City will be responsible for all application fees imposed by TCEQ concerning the District's application for unconditional release of the Property from the District's certificated service area; ii. The City will install, operate and maintain a water line extended to the Daisy Farms Property; iii. The City will not sell treated water to any other customer from any water line extended to Daisy Farms' Property other than to potential customers located within the City's corporate city limits or extraterritorial jurisdiction ("ETJ") as provided for in Section 4.1 of the Wholesale Treated Water Contract executed May 8, 2006; iv. In the event Daisy Farms or its successors or assigns fails or ceases to do business at the Property, the City will release any claim to provide water utility service to the Daisy Farms Property and will not oppose the District's application to amend its CCN to restore the previously released Property into its Certificated Service Area; and v. In the event Daisy Farms or its successors or assigns fails or ceases to do business at the Property, the water line extended to Daisy Farms may be used by the City to provide treated water service to other customers within the corporate city limits and/or within the City's ETJ area. In the alternative, the City may offer to sell the water line to the District at Fair Market Value. 2. Agreement Related to the Term of Water Supnlv Contract with the District The initial term of the Contract will expire on May 8, 2026, with an option to extend the Contract for four additional 5-year terms upon mutual agreement between the Parties. The Texas Water Development Board ("TWDB") has approved the purchase of the District's 2009 Water System Revenue Bonds from the TWDB's Drinking Water Revolving Fund. This approval is contingent on the District obtaining a binding letter from the City addressed to the TWDB regarding the City's agreement with the District pertaining to the renewal or extension of the Page 13 Contract. The City agrees not to object or oppose the renewal or extension of the Contract as long as the District's 2009 Water System Revenue Bonds are outstanding. Provided, however, the City retains all rights of termination otherwise provided in the Contract. In consideration of the District's agreements set forth in Paragraph 1, the City agrees to provide such a letter conditioned as follows: A. The City will format the letter attached hereto as Exhibit "B" on City letterhead and execute the same for delivery to the TWDB; and B. Within thirty (30) days after the Effective Date, the City will tender said letter to the District; and C. The District will be responsible for the costs associated with the submission of the letter to the TWDB. 3. AEreement Concerning the District's Wholesale Supqly of Water to the City Pursuant to §43 of the Contract, the District has provided the City a wholesale supply of water sufficient for the City to provide continuous and adequate retail water service to its customers within the Wild Wood and Hills subdivisions and to any new customers the City has requested to be added to the Districts' distribution system in the City's corporate limits and ETJ since the Effective Date of the Contract. The City and District have, in the past, worked diligently to account for the billing from these meters. The City and District agree to continue the cooperative billing practices on the meters that are currently installed. However, as of the Effective Date of this Agreement, the Parties agree to modify paragraph 4.3 of the Contract in the following respects: A. City will not add new City customers to LCWSD's distribution system in the City's corporate limits or ETJ. B. City meters serving existing City customers receiving water from the District's distribution system in the City's corporate limits or ETJ will be removed upon transfer of title of the Property. Removal of the meter shall occur within thirty (30) days following the City's receipt of written notice and documentation establishing that the Property has been conveyed. This requirement does not apply to a conveyance to a person within the first degree of affinity or consanguinity as defined in Texas Gov't Code 573.023 and 573.025, respectively. C. The District will transfer to the City at no cost its eight inch (8") water line running along FM 195 commencing at a point approximately 1200 feet north from the intersection of Loop 286 and FM 195 and ending at the first District Page 14 Repressurizing Station, and all retail customers connected to this line. The location of the eight inch (8") line is depicted in the diagram attached hereto as Exhibit "C". The customers to be transferred are identified in Exhibit "D." D. The City agrees to connect the eight inch (8") line transferred by the District to the City's existing water distribution system at the City's own cost and to thereafter operate and maintain the transferred line. E. The District agrees to pull any of its water meters serving customers connected to the eight inch (8") line being transferred to City and these customers shall become City water customers pursuant to Paragraph 3C & 3D of this Agreement. F. Following notification in writing from the City, the District agrees to disconnect water service to any District water customer that becomes delinquent on a City sanitary sewer bill or sanitation bill. No water service shall be disconnected without first providing ten (10) days notice to the customer of the service bill past due and the amount due and payable. To the extent permitted by law, the City agrees to indemnify District from and against any loss incurred by the District directly related to the wrongful termination of water service that was caused solely by the negligence of the City of Paris. Provided, however, nothing herein shall be interpreted to create any right of recovery in any third party not a party to this Agreement or as a waiver of the City's Sovereign and Governmental immunity as set forth in Texas law. G. The transfer and acceptance is made "AS IS." No warranties or representations are made regarding that line's fitness for any particular purpose. 4. Miscellaneous: A. Severability: The provisions of this Agreement are not severable. If any provision of this Agreement is determined to be invalid, unlawful, or unenforceable, the Parties agree to resume negotiations in an effort to revise this Agreement in light of such determination to effectuate the intent of the Parties to the maximum extent allowed by law. B. Venue: This Agreement, and the rights and obligations of the Parties under or pursuant to this Agreement, shall be governed by the laws of the State of Texas. Venue for legal actions arising hereunder shall lie exclusively in Lamar County, Texas, for matters arising under state law and exclusively in the Eastern District of Texas, Paris Division, for matters arising under federal law. C. Non-Waiver: Page 15 No waiver of the either party's rights under this Agreement shall be deemed to have been made unless expressed in writing and signed by an authorized representative of that Party. This Agreement may not be amended, supplemented or otherwise modified unless done so in a writing and signed by the Parties, an no provision hereof shall be deemed waived unless such waiver is in writing and signed by the waiving party. The effective date of this Agreement is the last date affixed opposite the parties' signatures below. D. Amendments: E. Effective Date CITY OF PARIS, TEXAS BY: Date: ATTEST: Hon. Jesse Freelen, Mayor Janice Ellis, City Clerk W. Kent McIlyar, City Attorney APPROVED AS TO FORM: LAMAR COUNTY WATER SUPPLY DISTRICT BY: Date: Robert Campbell, President ATTEST: Jack Mason, Secretary Page 16 EXHIBIT A-1 FIELD NOTES 1,255.143 Ac. Located West of State Hwy 19/24 Lamar County, Texas 1.074 Ac. Situated about 6.6 miles South 28° West of the City of Paris, County of Lamar, and State of Texas, a part of the Adam Hampton Survey #389, and being tract 1, a called 1.074 acre tract of land conveyed to Daisy Farms, LLC by deed recorded in Instrument 070223-2009, in the Official Records of said County and State. Beginning at a 1/2" capped (NELSON SURVEYING) iron pin (fl for corner at the Northwest corner of said Daisy Farms 1.074 acre tract, said corner being the present Southwest corner of tract #3, a called 30 acre tract of land conveyed to David L. Duncan by deed recorded in Vol. 439, Page 243, of said Deed Records. Thence North 89°39'33" East along the South Boundary Line of said Dunnagan 30 acre tract a distance of 310.81 feet to a 1/2" capped (NELSON SURVEYING) iron pin (fl for corner at the Northeast corner of said Daisy Farms 1.074 acre tract; Thence South 46°05'15" West along the Northwesterly Boundary Line of a called 13.86 acre tract of land (the old Railroad) conveyed to Panda Paris Power, L.P., by deed recorded in Vol. 855, Page 58, of said Real Property Records, a distance of 436.94 feet to a 1/2" capped (NELSON SURVEYING) iron pin (fl for corner at the South corner of said Daisy Farms 1.074 acre tract, Thence along the East Boundary Line of Farm Road 137 as follows: North 0048'01" East a distance of 227.05 feet to a 1/2" capped (NELSON SURVEYING) iron pin (fl; Northerly around a curve (R=11499.16', C= North 0°36'55" East 74.17') to the left a distance of 74.17 feet to the place of beginning and containing 1.074 acres of land. 245.683 Ac. Situated about 6.7 miles South 23° West of the City of Paris, County of Lamar, and State of Texas, a part of the Adam Hampton Sunrey #389, and being and being tract 2, a called 245.683 acre tract of land conveyed to Daisy Farms, LLC by deed recorded in Instrument 070223-2009, in the Official Records of said County and State. Beginning at a 1/2" capped (NELSON SURVEYING) iron pin (fl for corner at the Westerly Northwest corner of said Daisy Farms 245.683 acre tract and being in the Southeasterly Boundary Line of a called 13.86 acre tract of land (the otd Railroad) conveyed to Panda Paris Power, L.P., by deed recorded in Vol. 855, Page 58, of said Real Property Records. Thence along the East Boundary Line of Farm Road 137 as follows: South 0048'01" West a distance of 1262.87 feet to a concrete marker (fl; South 25°40'28" East a distance of 89.76 feet to a concrete marker (fl, South 0°40'05" West a distance of 17.94 feet to a concrete marker (fl for corner at the Westerly Southwest corner of said Daisy Farms 245.683 acre tract; Thence North 89°37'28" East (reference bearing) along the North Boundary Line of Farm Road 2036 at 2580.71 feet passing the Southwest corner of a called 5 acre tract as shown in an Easement, Right of Use, and Occupancy to Rayburn County Electric Cooperative, Inc., as recorded in Vol. 559, Page 94, of said Real Property Records, and at 3047.31 feet passing the Southeast corner of said Rayburn 5 acre tract, and continuing on a total distance of 3089.11 feet to a 1/2" capped (NELSON SURVEYING) iron pin (s) for corner at the present Southerly Southeast corner of said Daisy Farms 245.683 acre tract and at the present Southwest corner of tract #2, a called 7.5 acre tract of land conveyed to Fred Wooldridge et al by deed recorded in Vol. 549, Page 378, in said Deed Records; Page 17 Thence North 100 12'41" West with a partial fence a distance of 566.74 feet to a 1/2" capped (NELSON SURVEYING) iron pin (f) for corner at an el corner of said Daisy Farms 245.683 acre tract and at the Northwest corner of said Wooldridge 7.5 acre tract; Thence North 89°37'28" East a distance of 656.33 feet to a 1/2" capped (NELSON SURVEYING) iron pin (fl for corner at the an el corner of said Daisy Farms 245.683 acre tract and at the Northeast corner of said Wooldridge 7.5 acre tract; Thence South 0020'15" East with a partial fence a distance of 558.41 feet to a 1/2" capped (NELSON SURVEYING) iron pin (fl for corner a Southwest corner of said Daisy Farms 245.683 acre tract and at the present Southeast corner of said Wooldridge 7.5 acre tract; Thence along the North Boundary Line of said Farm Road 2036 as follows: North 89°37'28" East a distance of 89.38 feet to a concrete marker (fl; Easterly around a curve (R=2814.79', C=North 84°46'38" East 473.09') to the left a distance of 473.65 feet to a concrete marker (fl; North 73°13'56" East a distance of 98.60 feet to a concrete marker (fl; North 77°04'20" East a distance of 106.64 feet to a concrete marker (fl for corner at the Southerly Southeast corner of said Daisy Farms 245.683 acre tract; Thence along the Westerly Boundary Line of said Farm Road 2036 as follows: North 29°54'07" East a distance of 70.15 feet to a concrete marker (fl; North 14°59'31" West a distance of 106.98 feet to a concrete marker (fl; North 30°43'34" East a distance of 130.30 feet to a concrete marker (fl for corner at an el corner of said Daisy Farms 245.683 acre tract and at a Northwest corner of said Farm Road 2036; Thence South 58°46'05" East along a North Boundary Line of said Farm Road 2036 a distance of 21.74 feet to a 1/2" capped (NELSON SURVEYING) iron pin (fl for corner at the present Easterly Southeast corner of said Daisy Farms 245.683 acre tract; Thence along the Easterly Boundary Line of said Daisy Farms 245.683 acre tract and along the Westerly Boundary Line of Lamar County Road 22850 as follows: North 30°55'38" East a distance of 813.80 feet to a break in said line, said break being North 59°35'05" West a distance of 17.50 feet from a 1/2" capped (NELSON SURVEYING) iron pin (fl in the center of said Road for reference; North 29°54'12" East a distance of 325.12 feet to a break in said line, said break being North 60°13'53" West a distance of 17.50 feet from a 1/2" capped (NELSON SURVEYING) iron pin (fl in the center of said Road for reference; North 29°38'02" East a distance of 59.47 feet to a break in said line, said break being North 63°22'S2" West a distance of 17.52 feet from a 1/2" capped (NELSON SURVEYING) iron pin (fl in the center of said Road for reference; North 23°36'15" East a distance of 61.50 feet to a break in said line, said break being North 70°18'19" West a distance of 17.54 feet from a 1/2" capped (NELSON SURVEYING) iron pin (fl in the center of said Road for reference, North 15°47'07" East a distance of 61.03 feet to a break in said line, said break being North 76°31'33" West a distance of 17.51 feet from a 1/2" capped (NELSON SURVEYING) iron pin (fl in the center of said Road for reference; North 11 °09'46" East a distance of 63.73 feet to a break in said line, said break being North 79°38'00" West a distance of 17.50 feet from a 1/2" capped (NELSON SURVEYING) iron pin (fl in the center of said Road for reference; North 9034'15" East a distance of 686.37 feet to a break in said line, said break being North 80°49'31" West a distance of 17.50 feet from a'h" capped (NELSON SURVEYING) iron pin (fl in the center of said Road for reference; North 8055'07" East a distance of 590.96 feet to a 1/2" capped (NELSON SURVEYING) iron pin (fl for corner at the Easterly Northeast corner of said Daisy Farms 245.683 acre tract and being in the South Boundary Line of tract #2, a called 83.43 acre tract of land conveyed to Robert Lee Gilbreath and Roxanne Lynn Pack by deed recorded in Vol. 698, Page 80, of said Real Property Records; Thence South 88°53'59" West with a fence a distance of 1746.74 feet to a 1/2" capped (NELSON SURVEYING) iron pin (fl for corner at the a Northwest corner of said Daisy Farms 245.683 acre tract and at an el corner of said Gilbreath / Pack 83.43 acre tract; Page 18 Thence South 0045'33" East with a fence a distance of 1302.89 feet to a 1/2" capped (NELSON SURVEYING) iron pin (fl for corner at an el corner of said Polo 245.683 acre tract and at the Westerly Southeast corner of said Gilbreath / Pack 83.43 acre tract; Thence South 89°20'49" West with a fence at 378.37 feet passing a 14" post (fl at the Southerly Southwest corner of said Gilbreath / Pack 83.43 acre tract and at the Southerly Southeast corner of tract #3, a called 79.25 acre tract of land conveyed to Elmer Weldon Blankinship by deed recorded in Vol. 294, Page 481, in said Deed Records, and leaving said fence and continuing on a total distance of 636.00 feet of to a 1/2" capped (NELSON SURVEYING) iron pin (fl for corner at an el corner of said Daisy Farms 245.683 acre tract and at the Southerly Southwest corner of said Blankinship 79.25 acre tract; Thence North 0°15'S2" East a distance of 1308.88 feet to a 1/2" capped (NELSON SURVEYING) iron pin (fl for corner at a Northeast corner of said Daisy Farms 245.683 acre tract and at an el corner of said Blankinship 79.25 acre tract; Thence North 88°39'31" West a distance of 1019.89 feet to a 1/2" capped (NELSON SURVEYING) iron pin (fl for corner at a Northwest corner of said Daisy Farms 245.683 acre tract, at the Southwest corner of tract #2, a called 5.5 acre tract of land conveyed to said Blankinship by said deed, and in the East Boundary Line of tract #2, a called 25 acre tract of land conveyed to David L. Dunnagan by deed recorded in Vol. 439, Page 243, in said Deed Records; Thence South 0022'03" East a distance of 1028.35 feet to a 1/2" capped (NELSON SURVEYING) iron pin (fl for corner at an el corner of said Daisy Farms 245.683 acre tract and at the Southeast corner of tract #3, a called 30 acre tract of land conveyed to said Dunnagan by said deed; Thence South 89°39'33" West along the South Boundary Line of said Dunnagan 30 acre tract a distance of 1555.69 feet to a 1/2" capped (NELSON SURVEYING) iron pin (s) for corner at a Northwest corner of said Daisy Farms 245.683 acre tract; Thence South 46°05'15" West along the Southeasterly Boundary Line of said Paris Panda Power 13.86 acre tract a distance of 641.06 feet to the place of beginning and containing 247.183 acres of land, Save & Except a calculated 0.50 acre tract of land conveyed to the Charity Baptist Church and a called 1 acre tract of land conveyed to School District No. 81, Leaving a Net of 245.683 acres of land. 97.222 Ac. Situated about 6.3 miles South 17° West of the City of Paris, County of Lamar, and State of Texas, a part of the Adam Hampton Survey #389, and being tract 3, a called 97.222 acre tract of land conveyed to Daisy Farms, LLC by deed recorded in Instrument 070223-2009, in the Official Records of said County and State. Beginning at the Northeast corner of said Daisy Farms 97.222 acre tract and at the Southeast corner of that part of tract #2 , a called 83.42 acre tract of land as conveyed to Robert Lee Gilbreath et al by deed recorded in Vol. 698, Page 80, in the Real Property Records of said County and State, which lies East of State Hwy. 19 / 24, said corner being South 89°48'07" West a distance of 0.09 feet from a 1" iron pipe (fl for reference. Thence South 89°48'07" West along a fence along the South Boundary Line of said Gilbreath / Pack 83.43 acre tract a distance of 1665.45 feet to a 1/2" capped (NELSON SURVEYING) iron pin (fl for corner at the present Northwest corner of said Daisy Farms 97.222 acre tract; Thence along the Westerly Boundary Line of said Daisy Farms 97.222 acre tract and along the Easterly Boundary Line of Lamar County Road 22850 as follows: South 8046'19" West a distance of 597.69 feet to a break in said line, said break being South 80°49'31" East a distance of 17.50 feet from a 1/2" capped (NELSON SURVEYING) iron pin (fl for reference in the center of said Lamar County Road 22850; South 9°34'15" West a distance of 687.08 feet to a break in said line, Page 19 said break being South 79°38'00" East a distance of 17.50 feet from a 1/2" capped (NELSON SURVEYING) iron pin (fl for reference in the center of said Road; South 11 009'46" West a distance of 65.63 feet to a break in said line, said break being South 76°31'33" East a distance of 17.51 feet from a 1/2" capped (NELSON SURVEYING) iron pin (fl for reference in the center of said Road; South 15°47'07" West a distance of 64.83 feet to a break in said line, said break being South 70°18'19" East a distance of 17.54 feet from a 1/2" capped (NELSON SURVEYING) iron pin (fl for reference in the center of said Road; South 23°36'15" West a distance of 65.73 feet to a break in said line, said break being South 63°22'S2" East a distance of 17.52 feet from a 1/2" capped (NELSON SURVEYING) iron pin (fl for reference in the center of said Road; South 29°38'02" West a distance of 61.39 feet to a break in said line, said break being South 60°13'53" East a distance of 17.50 feet from a 1/2" capped (NELSON SURVEYING) iron pin (fl for reference in the center of said Road; South 29°54'12" West a distance of 325.52 feet to a break in said line, said break being South 59°35'05" East a distance of 17.50 feet from a 1/2" capped (NELSON SURVEYING) iron pin (fl for reference in the center of said Road; South 30°55'38" West a distance of 814.04 feet to a 1/2" capped (NELSON SURVEYING) iron pin (fl for corner in a North Boundary Line of Farm Road 2036 at the present Westerly Southwest corner of said Daisy Farms 97.222 acre tract; Thence South 59°11'39" East a distance of 23.26 feet to a concrete marker (fl for corner at a Northeast corner of said Farm Road 2036; Thence along an Easterly Boundary Line of said Farm Road 2036 as follows: South 30°55'32" West a distance of 42.55 feet to a 1/2" capped (NELSON SURVEYING) iron pin (fl; South 7046'36" West a distance of 46.74 feet to a 1/2" capped (NELSON SURVEYING) iron pin (fl; South 15°03'07" East a distance of 87.09 feet to a concrete marker (fl; South 60°27'38" East a distance of 56.50 feet to a concrete marker (fl for corner at the Southerly Southwest corner of said Daisy Farms 97.222 acre tract; Thence along the North Boundary Line of said Farm Road 2036 as follows, North 74°51'06" East a distance of 899.78 feet to a concrete marker (fl; North 68049'11" East a distance of 100.27 feet to a concrete marker (fl; North 74°54'07" East a distance of 299.86 feet to a concrete marker (fl; North 80°31'43" East a distance of 100.50 feet to a 1/2" capped (NELSON SURVEYING) iron pin (fl; North 74°49'04" East a distance of 323.03 feet to a concrete marker (fl; Easterly around a curve (R=1195.92', C=North 84°10'45" East 392.05') to the right a distance of 393.83 feet to a concrete marker (fl for corner at the Southerly Southeast corner of said Daisy Farms 97.222 acre tract; Thence North 44°57'32" East along the transition from the North Boundary Line of Farm Road 2036 to the West Boundary Line of State Hwy. 19/24, a distance of 107.28 feet to a 1/2" capped (NELSON SURVEYING) iron pin (fl at the Easterly Southeast corner of said Daisy Farms 97.222 acre tract; Thence along the West Boundary Line of said State Hwy. 19/24 as follows: Northeasterly around a curve (R=11519.18', C=North 8°26'36" East 704.82') to the right a distance of 704.93 feet to a concrete marker (fl; North 9058'37" East a distance of 247.49 feet to a concrete marker (fl; North 2000'26" East a distance of 99.69 feet to a concrete marker (fl; North 10°11'40" East (reference bearing) a distance of 1112.25 feet to the place of beginning and containing 97.222 acres of land. 877.891 Ac. Situated 7 miles South 22° West of the City of Paris, County of Lamar, and State of Texas, part of the Adam Hampton Survey "389, and being all of a called 63.378 acre tract of land conveyed to Daisy Farms, LLC by deed recorded in Instrument 067781-2009, being all of tract 4, a called 614.486 acre tract of land conveyed to Daisy Farms, LLC by deed recorded in Instrument 070223- 2009, in the Official Records of said County and State, being all of tract 1, a called 197.743 acre tract of land conveyed to Daisy Farms, LLC by deed recorded in Instrument 070470-2009, in said Page 110 Official Records, and all of tract 1, a called 2.285 acre tract of land conveyed to Daisy Farms, LLC by deed recorded in Instrument 070472-2009, in said Official Records. Beginning at a concrete marker (fl for corner at a Northwest corner of said Daisy Farms 614.486 acre tract, the Southwest corner of Farm Road 2036, and in the East Boundary Line of Farm Road 137. Thence South 0054'17" West along the East Boundary Line of said Farm Road 137 a distance of 809.16 feet to a concrete marker (fl for corner at a Southeast corner of said Farm Road 137 and at an el corner of said Daisy Farms 614.486 acre tract; Thence North 88°29'03" West along the South Boundary Line of said Farm Road 137 a distance of 24.61 feet to a 3/8" iron pin (fl for corner at the Westerly Northwest corner of said Daisy Farms 614.486 acre tract and at the Northeast corner of Lamar County Road 23100; Thence along the East Boundary Line of said Lamar County Road 23100 as follows: South 0047'16" West a distance of 215.82 feet to a 1/2" capped (NELSON SURVEYING) iron pin (fl; South 0027'59" West a distance of 683.14 feet to a 1/2" capped (NELSON SURVEYING) iron pin (s); South 0°23'37" East a distance of 440.18 feet to a 1/2" capped (NELSON SURVEYING) iron pin (fl; South 0001'47" West a distance of 605.98 feet to a 1/2" capped (NELSON SURVEYING) iron pin (fl; South 0057'46" West a distance of 248.79 feet to a 1/2" capped (NELSON SURVEYING) iron pin (fl; South 0041'35" West a distance of 697.15 feet to a 1/2" capped (NELSON SURVEYING) iron pin (fl; South 0051'11" West a distance of 392.36 feet to a 1/2" capped (NELSON SURVEYING) iron pin (fl; South 0037'06" West a distance of 364.22 feet to a 1/2" capped (NELSON SURVEYING) iron pin (fl; South 0000'24" East a distance of 125.80 feet to a 1/2" capped (NELSON SURVEYING) iron pin (fl for corner at the Southwest corner of said Daisy Farms 614.486 acre tract and at the Northwest corner of said Daisy Farms 197.743 acre tract of land; South 0000'24" East a distance of 132.86 feet to a 1/2" capped (NELSON SURVEYING) iron pin (fl; South 0029'32" East a distance of 176.71 feet to a 1/2" capped (NELSON SURVEYING) iron pin (fl; South 1003'11" East a distance of 375.64 feet to a 1/2" capped (NELSON SURVEYING) iron pin (fl; South 0°11'54" East a distance of 415.10 feet to a 1/2" capped (NELSON SURVEYING) iron pin (fl; South 0025'02" West a distance of 291.63 feet to a 1/2" capped (JMN 4025) iron pin (fl for corner at the Southwest corner of said Daisy Farms 197.743 acre tract and at the at the Northwest corner of a called 456.465 acre tract of land conveyed to Silvia Frei and Franz Ruggli by deed recorded in Vol. 1297, Page 141, in said Real Property Records; Thence along the South Boundary Line of said Daisy Farms 197.743 acre tract and along the North Boundary Line of said Frei & Ruggli 456.465 acre tract as follows. South 89°25'08" East a distance of 4716.89 feet to a 1/2" capped (NELSON SURVEYING) iron pin (fl; South 89°57'17" East a distance of 874.49 feet to a 1/2" capped (JMN - 4025) iron pin (f) for corner at the Southwest corner of said Daisy Farms 2.285 acre tract and at the Northwest corner of a 0.469 acre Right-of- Way Easement as conveyed to Daisy Farms, LLC by deed recorded in Instrument 070474-2009, in said Official Records, said Right-of-Way Easement being part of said Frei & Ruggli 456.465 acre tract; Thence along the South Boundary Line of said Daisy Farms 2.285 acre tract and along the North Boundary Line of said 0.469 acre Right-of-Way Easement as follows: South 89°57'17" East a distance of 126.32 feet to a 1/2" capped (JMN 4025) iron pin (fl; North 67°57'S5" East a distance of 650.52 feet to a concrete marker (fl for corner at the Southeast corner of said Daisy Farms 2.285 acre tract and at the Northeast corner of said 0.469 acre Right-of-Way Easement; Thence North 4011'11" East along the West Boundary Line of State Hwy. 19/24 at 47.40 feet passing a 1/2" capped (NELSON SURVEYING) iron pin (s) at the Northeast corner of said Daisy Farms 2.285 acre tract and at the Easterly Southeast corner of said Daisy Farms 197.743 acre tract, and continuing on a total distance of 1223.60 feet to the Easterly Northeast corner of said Daisy Farms 197.743 acre tract and to the Easterly Southeast corner of tract #1, a called 48.134 acre tract of land conveyed to K. S. A. Ranchers, LLC, by deed recorded in Instrument 055989-2008, in said Official Records; Page 111 Thence North 89°38'22" West with a fence, at 0.04 feet passing a W capped (W Moore RPLS 5723 TX) iron pin (fl for reference, and continuing on a total distance of 803.59 feet to a 1/2" capped (NELSON SURVEYING) iron pin (fl for corner at the Easterly Northwest corner of said Daisy Farms 197.743 acre tract and at al el corner of said K. S. A. Ranchers 48.134 acre tract; Thence South 0°23'28" West with a fence a distance of 357.47 feet to a 3/8" iron pin (fl for corner at an el corner of said Daisy Farms 197.743 acre tract and at the Southerly Southeast corner of said K. S. A. Ranchers 48.134 acre tract; Thence North 88°42'19" West with a fence a distance of 866.53 feet to a 1/2" capped (NELSON SURVEYING) iron pin (fl for corner at an el corner of said Daisy Farms 197.743 acre tract and at the Southwest corner of said K. S. A. Ranchers 48.134 acre tract; Thence North 1022'03" West with a fence at 309.65 feet passing a 1/2" capped (NELSON SURVEYING) iron pin (fl at the Northerly Northeast corner of said Daisy Farms 197.743 acre tract and at the Southerly Southeast corner said Daisy Farms 614.486 acre and continuing on a total distance of 1362.72 feet to a 3/8" iron pin (fl for corner at an el corner of said Daisy Farms 614.486 acre tract and at the Northwest corner of said K. S. A. Ranchers 48.134 acre tract; Thence North 89°20'49" East with a fence a distance of 1781.94 feet to an 8" post (fl for corner at the Easterly Southeast corner of said Daisy Farms 614.486 acre tract and at the Northeast corner of said K. S. A. Ranchers 48.134 acre tract; Thence along the West Boundary Line of State Hwy. 19 / 24 as follows: North 4011'11" East (reference bearing) a distance of 1444.20 feet to a concrete marker (fl; North 1021'32" West a distance of 99.27 feet to a concrete marker (fl; North 4011'31" East a distance of 1701.44 feet to a 1/2" capped (NELSON SURVEYING) iron pin (fl; North 1°21'35" East a distance of 400.50 feet to a concrete marker (fl; North 6°24'48" East a distance of 253.41 feet to a concrete marker (fl; North 6058'33" East a distance of 273.21 feet to a concrete marker (fl at the Easterly Northeast corner of said Daisy Farms 614.486 acre tract and at the Southeast corner of said Farm Road 2036; Thence North 43°51'04" West along the transition from the West Boundary Line of said State Hwy. 19/24 to the South Boundary Line of Farm Road 2036, a distance of 69.22 feet to a concrete marker (fl for corner at a Northeast corner of said Daisy Farms 614.486 acre tract; Thence along the South Boundary Line of said Farm Road 2036 as follows: Southwesterly around a curve (R=1095.92' C=South 84°21'03" West 359.06') to the left a distance of 360.69 feet to a 1/2" capped (NELSON SURVEYING) iron pin (fl; South 74°49'24" West a distance of 522.46 feet to a concrete marker (f); South 69°12'14" West a distance of 100.83 feet to a concrete marker (fl; South 74°54'46" West a distance of 99.88 feet to a concrete marker (fl; South 80°18'33" West a distance of 100.45 feet to a 1/2" capped (NELSON SURVEYING) iron pin (fl; South 74°51'S0" West a distance of 899.41 feet to a concrete marker (f); South 70°47'10" West a distance of 120.98 feet to a 1/2" capped (NELSON SURVEYING) iron pin (fl at the Easterly Northwest corner of said Daisy Farms 614.486 acre tract and at the Northerly Northeast corner of said Daisy Farms 63.378 acre tract; South 71 001'46" West a distance of 22.12 feet to a concrete marker (fl; South 76°18'46" West a distance of 161.02 feet to a concrete marker (fl; South 84°29'S2" West a distance of 102.09 feet to a concrete marker (fl; Southwesterly around a curve (R=2914.93' C=South 84°48'44" West a distance of 489.71') a distance of 490.28 feet to a concrete marker (fl; South 89°37'05" West a distance of 344.54 feet at the Northwest corner of said Daisy Farms 63.378 acre tract and at the Westerly Northeast corner of said Daisy Farms 614.486 acre tract, and corner being in a 7" post (fl; South 89°37'05" West a distance of 573.37 feet to a concrete marker (fl; South 89°38'05" West a distance of 1100.66 feet to a concrete marker (fl; South 89°37'53" West a distance of 1709.58 feet to a concrete marker (fl for corner at a Northwest corner of said Daisy Farms 614.486 acre tract, Thence South 43°59'12" West along the transition from the South Boundary Line of said Farm Road 2036 to the East Boundary Line of said Farm Road 137, a distance of 73.12 feet to the place of beginning and containing 877.891 acres of land. Page 112 33.273 Ac. Situated about 7 miles South 17° West of the City of Paris, County of Lamar, and State of Texas, a part of the Adam Hampton Survey #389, and being all of tract 2, a called 29.922 acre tract of land conveyed to Daisy Farms, LLC by deed recorded in Instrument 070470-2009, in said Official Records, and all of tract 2, a called 3.346 acre tract of land conveyed to Daisy Farms, LLC by deed recorded in Instrument 070472-2009, in said Official Records. Beginning at a 3/8" iron pin (fl for corner at the Easterly Southeast corner of said Daisy Farms 29.922 acre tract and at the Easterly Northeast corner of a called 166.756 acre tract of land conveyed to Silas Grider et ux by deed recorded in Vol. 800, Page 265, in the Real Property Records of said County and State. Thence South 89°39'40" West along a partial fence a distance of 799.07 feet to a 3/8" iron pin (fl for corner at the Easterly Southwest corner of said Daisy Farms 29.922 acre tract and at an el corner of said Grider 166.756 acre tract; Thence along the West Boundary Lines of said Daisy Farms 29.922 acre tract and said Daisy Farms 3.346 acre tract as follows: North 0°36'35" East along a partial fence a distance of 824.63 feet to a 3/8" iron pin (f) for corner at the Northerly Northeast corner of said Grider 166.756 acre tract, and at a Southeast corner of a 456.465 acre tract of land conveyed to Silvia Frei and Franz Ruggli by deed recorded in Vol. 1297, Page 141, in said Real Property Records; North 1054'34" East along an East Boundary Line of said Frei & Ruggli 456.465 acre tract a distance of 1154.80 feet to a 3" metal post (fl at the Northwest corner of said Daisy Farms 29.922 and at the Southwest corner of said Daisy Farms 3.346 acre tract; North 5026'50" West a distance of 126.74 feet to a 3" metal post (fl for corner at the Westerly Northwest corner of said Daisy Farms 3.346 acre tract, at an el corner of said Frei & Ruggli 456.465 acre tract, and at the Southwest corner of a 0.469 acre Right-of-Way Easement as conveyed to Daisy Farms, LLC by deed recorded in Instrument 070474-2009, in said Official Records, said Right-of-Way Easement being part of said Frei & Ruggli 456.465 acre tract; Thence North 80°43'32" East partially with a fence a distance of 195.88 feet to a 3" metal post (fl for corner at an el corner of said Daisy Farms 3.346 acre tract, a Southeast corner of said Frei & Ruggli 456.465 acre tract and a Southeast corner of said 0.469 acre Right-of-Way Easement; Thence North 3006'21" West a distance of 11.22 feet to a 1/2" capped (JMN 4025) iron pin (fl for corner at the Northerly Northwest corner of said Daisy Farms 3.346 acre tract, an el corner of said Frei & Ruggli 456.465 acre tract and an el corner of said 0.469 acre Right-of-Way Easement; Thence North 67°57'50" East a distance of 573.58 feet to a 1/2" capped (JMN 4025) iron pin (fl for corner at the Northeast corner of said Daisy Farms 3.346 acre tract, at the Easterly Southeast corner said Frei & Ruggli 456.465 acre tract, and at the Southeast corner of said 0.469 acre Right- of-Way Easement, Thence in a Southerly direction along the West Boundary Line of State Hwy. 19/24 around a curve (R=11519.22', C=South 2°03'50" West 799.24') to the left at 316.85 feet passing a 1/2" capped (NELSON SURVEYING) iron pin (fl at the Southeast corner of said Daisy Farms 3.346 acre tract and at the Northerly Northeast corner of said Daisy Farms 29.922 acre tract and continuing on a total distance of 799.40 feet to a concrete marker (fl at the Northerly Southeast corner of said Daisy Farms 29.922 acre tract, and at the Northeast corner of a Roadside Park, said Park being a part of the Right-of-Way of said State Hwy. 19/24, and being conveyed to State of Texas by deed recorded in Vol. 445, Page 406, of said Deed Records; Thence South 89°56'28" West a distance of 200.20 feet to a concrete marker (fl at an el corner of said Daisy Farms 29.922 acre tract and at the Northwest corner of said Park; Thence along the West Boundary Line of said Park as follows: Southerly around a curve (R=11719.16', C=South 1035'43" East 691.99') to the left a distance of 692.09 to a concrete marker (fl; South 3035'52" East a distance of 173.30 feet to a concrete marker (fl for corner at an el corner of said Daisy Farms 29.922 acre tract and at the Southwest corner of said Park; Page 113 Thence North 86°51'41" East a distance of 198.87 feet to a concrete marker (fl for corner at the Southerly Northeast corner of said Daisy Farms 29.922 acre tract and at the Southeast corner of said Park; Thence South 3013'50" East (reference bearing) along the West Boundary Line of said State Hwy. 19/24 a distance of 706.54 feet to the place of beginning and containing 33.273 acres of land. The above field notes being taken from an actual survey made on the ground by J. M. Nelson, Registered professional Land Surveyor of Texas, #4025, beginning on March 10, 2009 and ending on April 23, 2009. Page 114 EXHIBIT A-2 FIELD NOTES 4,043.565 Ac. Located East of State Hwy 19/24 Lamar County, Texas 3745.294 Acres Situated about 7 miles South 15° East of the City of Paris, County of Lamar, and State of Texas, part of the Adam Hampton Survey #389, the Samuel Lemons Survey #522, the Mathias Click Survey #165, and the Richard Thomas Survey #937, and being all of a called 171.461 acre tract of land conveyed to David Sokolsky by deed recorded in Instrument 070485-2009, in the Official Records of said County and State, all of tract 2, a called 162.503 acre tract of land conveyed to Daisy Farms, LLC, by deed recorded in Instrument 071549-2009, in said Official Records, all of tract 1, a called 9.191 acre tract of land conveyed to Daisy Farms, LLC, by deed recorded in Instrument 067189-2009, in said Official Records, all of a called 1556.668 acre tract of land conveyed to Daisy Farms, LLC, by deed recorded in Instrument 070221-2009, in said Official Records, all of a called 202.629 acre tract of land conveyed to David Sokolsky by deed recorded in Instrument 070843- 2009, in said Official Records, all of tract 1, a called 271.418 acre tract of land conveyed to David Sokolsky by deed recorded in Instrument 070469-2009, in said Official Records, all of tract 2, a called 4.000 acre tract of land conveyed to David Sokolsky by deed recorded in Instrument 070469- 2009, in said Official Records, and all of tract 1, a called 695.689 acre tract of land conveyed to David Sokolsky by deed recorded in Instrument 070692-2009, in said Official Records, and all of a called 225.254 acre tract of land conveyed to David Sokolsky Farms LLC, by deed recorded in Instrument 076424-2010, in said Official Records. Beginning at a 3/8" spike nail (s) for corner at the Westerly Northwest corner of said Sokolsky 171.461 acre tract and at the remaining Westerly Southwest corner of tract 5, a called 421.54 acre tract of land conveyed to Isabel Bridges Ables by deed recorded in Vol. 400, Page 326, in the Deed Records of said County and State, said Sokolsky 171.461 acre tract originally being part of said Ables 421.54 acre tract Thence East at 510.05 feet passing a 3/8" spike nail (s) for reference and continuing on a total distance of 527.44 feet for corner in Cottonwood Branch at the Northerly Northeast corner of said Sokolsky 171.461 acre tract and at a remaining el corner of said Ables 421.54 acre tract; Thence along said Cottonwood Branch as follows: South 15°54'02" West a distance of 37.98 feet; South 54°49'09" West a distance of 61.31 feet; South 15°42'55" West a distance of 21.80 feet; South 11009'15" East a distance of 19.27 feet; South 27051'50" East a distance of 41.36 feet; South 21°10'33" West a distance of 46.89 feet; South 4059'04" East a distance of 42.17 feet; South 24°48'04" East a distance of 42.47 feet, South 47°14'40" East a distance of 37.13 feet; South 86°55'01" East a distance of 58.43 feet, South 36°50'08" East a distance of 35.43 feet; South 8038'46" East a distance of 95.45 feet; South 15°40'33" East a distance of 99.48 feet; South 43°04'54" East a distance of 38.11 feet for corner at an el corner of said Sokolsky 171.461 acre tract and at the remaining Southerly Southwest corner of said Ables 421.54 acre tract; Thence along a North Boundary Line of said Sokolsky 171.461 acre tract as follows: South 88°05'09" East at 20.00 feet passing a 3/8" spike nail (s) for reference and continuing on a total distance of 474.01 feet to a 3/8" spike nail (s); South 87°57'44" East with a fence a distance of 1297.75 feet to a 3/8" spike nail (s) for corner at an el corner of said Sokolsky 171.461 acre tract and at a remaining Southeast corner of said Ables 421.54 acre tract; Thence North 12°32'23" East with a fence a distance of 40.14 feet to a 3/8" spike nail (s) for corner at the Easterly Northwest corner of said Sokolsky 171.461 acre tract and at a remaining el corner of said Ables 421.54 acre tract; Thence with a fence along the Easterly North Boundary Line of said Sokolsky 171.461 acre tract as follows: South 89°02'49" East a distance of 696.18 feet to a 3/8" spike nail (s); South Page 115 81°42'13" East a distance of 752.74 feet to a 1/2" capped (NELSON SURVEYING) iron pin (s) for corner at the Easterly Northeast corner of said Sokolsky 171.461 acre tract, at the remaining Easterly Southeast corner of said Ables 421.54 acre tract, at the Northwest corner of said Daisy Farms 162.503 acre tract, and at the Southwest corner of a called 75 acre tract of land conveyed to Mary Elizabeth Sharber by deed recorded in Vol. 874, Page 6, in the Real Property Records of said County and State; Thence North 89°09'31" East with a fence a distance of 4294.61 feet to a 1/2" capped (NELSON SURVEYING) iron pin (s) for corner at the Northeast corner of said Daisy Farms 162.503 acre tract and at the Southeast corner of said Sharber 75 acre tract; Thence along the West Boundary Line of County Road 12600 and County Road 12630 as follows: South 100504" East a distance of 421.54 feet to a 1/2" capped (NELSON SURVEYING) iron pin (s); South 0°19'08" West a distance of 305.85 feet to a 1/2" capped (NELSON SURVEYING) iron pin (s); South 2051'38" West a distance of 417.57 feet to a 1/2" capped (NELSON SURVEYING) iron pin (s); South 4043'11" West a distance of 540.54 feet to a 1/2" capped (NELSON SURVEYING) iron pin (s) at the Southeast corner of said Daisy Farms 162.503 acre tract and at a Northeast corner of said Daisy Farms 1556.668 acre tract; South 4°52'14" West a distance of 457.61 feet to a 1/2" capped (NELSON SURVEYING) iron pin (s); South 5059'12" West a distance of 514.04 feet to a 1/2" capped (NELSON SURVEYING) iron pin (s); South 3008'49" West a distance of 441.90 feet to a 1/2" capped (NELSON SURVEYING) iron pin (s); South 4013'24" West a distance of 155.59 feet to a 1/2" capped (NELSON SURVEYING) iron pin (s); South 27°41'S2" West a distance of 89.39 feet to a 1/2" capped (NELSON SURVEYING) iron pin (s); South 32°43'54" West a distance of 168.82 feet to 1/2" capped (NELSON SURVEYING) iron pin (s); South 34°43'S9" West a distance of 192.01 feet to a 1/2" capped (NELSON SURVEYING) iron pin (s); South 34°56'17" West a distance of 220.16 feet to a 1/2" capped (NELSON SURVEYING) iron pin (s); South 40°07'27" West a distance of 112.05 feet to a 1/2" capped (NELSON SURVEYING) iron pin (s); South 42°35'19" West a distance of 188.41 feet to a 1/2" capped (NELSON SURVEYING) iron pin (s); South 48°11'29" West a distance of 98.77 feet to a 1/2" capped (NELSON SURVEYING) iron pin (s) for corner at an el corner of said Daisy Farms 1556.668 acre tract and at the Southwest corner of said Lamar County Road 12630; Thence along the South Boundary Line of said Lamar County Road 12630 as follows: South 27°15'42" East a distance of 17.91 feet to a 3" metal post (f); North 89°30'41" East a distance of 26.51 feet to a 1/2" iron pin (fl for corner at a Northeast corner of said Daisy Farms 1556.668 acre tract and at a Northwest corner of said Sokolsky 202.629 acre tract, and at the Southeast corner of said Lamar County Road 12630 acre tract; Thence along the South Boundary Line of said Lamar County Road 12630 as follows: North 44°33'26" East a distance of 229.12 feet to a 1/2" iron pin (fl; North 40°58'22" East a distance of 158.63 feet to a 1/2" iron pin (fl; North 36°34'48" East a distance of 218.81 feet to a 1/2" iron pin (fl; North 35°45'37" East a distance of 134.36 feet to a 1/2" iron pin (fl; North 34011'51" East a distance of 196.00 feet to a 1/2" iron pin (fl; North 30029'11" East a distance of 56.05 feet to a 1/2" iron pin (fl; North 27°59'32" East a distance of 84.40 feet to a 1/2" iron pin (fl; North 22°39'36" East a distance of 90.82 feet to a 1/2" iron pin (fl a the Northerly Northwest corner of said Sokolsky 202.629 acre tract; Thence along the South Boundary Line of said Lamar County Road 12600 as follows: North 74°30'22" East a distance of 29.15 feet to a 1/2" iron pin (fl; North 89°40'43" East a distance of 1095.06 feet to a 6" post (fl; South 89°53'49" East a distance of 1159.11 feet to a 1/2" iron pin (fl; South 86°51'35" East a distance of 187.16 feet to a iron pin (fl for corner at the Northerly Northeast corner of said Sokolsky 202.629 acre tract and at the Northwest corner of a called 20.51 acre tract of land conveyed to Johnny Westley Williams by deed recorded in Vol. 1650, Page 1, in said Official Records; Thence South 0001'30" East with a fence a distance of 1094.06 feet to a 1/2" iron pin (fl for corner at an el corner of said Sokolsky 202.629 acre tract and at the Southwest corner of said Williams 20.51 acre tract; Page 116 Thence along the South Boundary Line of said Johnny Williams 20.51 acre tract as follows: South 87°47'13" East a distance of 365.17 feet to a 1/2" iron pin (fl; North 20°49'46" East a distance of 90.68 feet to a 1/2" iron pin (fl; North 69°06'39" East a distance of 253.27 feet to a 1/2" iron pin (fl; North 48°30'37" East a distance of 237.49 feet to a 1/2" iron pin (fl; North 59°05'29" East at 115.01 feet passing a 1/2" iron pin (fl for reference and continuing on a total distance of 117.78 feet to the Easterly Northeast corner of said Sokolsky 202.629 acre tract and at the Southeast corner of said Williams 20.51 acre tract; Thence along the West Boundary Line of Farm Road 1497 as follows: South 0006'21" East a distance of 715.58 feet a 1/2" capped (NELSON SURVEYING) iron pin (s); South 0001'39" West a distance of 398.17 feet to the Easterly Southeast corner of said Sokolsky 202.629 acre tract and at the Northeast corner of a called 1 acre tract of land conveyed to Lucrecia Mae Wofford et al by deed recorded in Vol. 566, Page 655, in the Deed Records of said County and State, said corner being North 88°51'26" West a distance of 0.35 feet from a 1/2" iron pin (fl for reference; Thence North 88°51'26" West with a fence a distance of 872.49 feet to a 1/2" iron pin (fl for corner at an el corner of said Sokolsky 202.629 acre tract and at the Northwest corner of tract 2, a called 26.5 acre tract of land conveyed to Sue Peters by deed recorded in Vol. 297, Page 174, in said Real Property Records; Thence South 1-02'03" East with a fence a distance of 1280.10 feet to a 1/2" iron pin (fl for corner at the Southerly Southeast corner of said Sokolsky 202.629 acre tract and at the Southwest corner of said Peters 26.5 acre tract; Thence along the North Boundary Line of said Lamar County Road 13500 as follows: South 86°28'50" West a distance of 238.33 feet to a 1/2" iron pin (fl; South 78°28'23" West a distance of 124.58 feet to a 1/2" iron pin (fl at a Northwest corner of said Lamar County Road 13500 and at the Northeast corner of a called 9.80 acre tract of land conveyed to George Newberry et ux by deed recorded in Vol. 36, Page 170, in said Real Property Records; Thence with a fence with the South Boundary Line of said Mathias Click Survey #165, with the North Boundary Line of said Samuel Lemons Survey #522, and along the Southerly South Boundary Line of said Sokolsky 202.629 acre tract as follows: North 89°31'33" West a distance of 924.16 feet to a 1/2" iron pin (fl at the Northwest corner of said Newberry 9.80 acre tract and at a Northeast corner of said Lamar County Road 13500; North 89°38'26" West a distance of 30.06 feet to a 1/2" capped (RPLS 4025) iron pin (fl at a Northwest corner of said Lamar County Road 13500 and at the Northeast corner of a 3.288 acre tract of land surveyed by me on the 13th day of November, 2008, out of tract 1, a called 50 acre tract of land conveyed to Harvey Cressman by deed recorded in Vol. 480, Page 179, in said Real Property Records, North 89°36'19" West a distance of 342.17 feet to a W iron pin (fl for corner at the Southerly Southwest corner of said Sokolsky 202.629 acre tract, in an East Boundary Line of said Daisy Farms 1556.668 acre tract, and at the Northwest corner of said Cressman 3.288 acre tract; Thence South 1025'57" West a distance of 418.68 feet to a 3/8" capped (NELSON SURVEYING) nail (fl for corner at an el corner of said Daisy Farms 1556.668 acre tract and at the Southwest corner of said Cressman 3288 acre tract; Thence South 89°36'02" East a distance of 342.14 feet to a 1/2" capped (NELSON SURVEYING) iron pin (fl at the a Northeast corner of said Daisy Farms 1556.668 acre tract and at the Southeast corner of said Cressman 3.288 acre tract; Thence South 1050'16" West along the West Boundary Line of said Lamar County Road 13500 a distance of 386.98 feet to a 1/2" capped (JMN 4025) iron pin (fl for corner at a Southeast corner of said Daisy Farms 1556.668 acre tract and at the Northeast corner of a called 1.172 acre tract of land conveyed to Marianne Elaine Plott by deed recorded in Vol. 1406, Page 310, in said Official Records; Thence South 89°48'14" West along a South Boundary Line of said Daisy Farms 1556.668 acre tract acre tract a distance of 427.29 feet to a 1/2" capped (NELSON SURVEYING) iron pin (fl Page117 for corner at an el corner of said Daisy Farms 1556.668 acre tract and at the Northwest corner of said Plott 1.172 acre tract; Thence South 3016'50" West partially with a fence a distance of 126.31 feet to a 1/2" capped (JMN 4025) iron pin (fl for corner at an el corner of said Daisy Farms 1556.668 acre tract and at the Southwest corner of said Plott 1.172 acre tract, Thence North 87°55'34" East with a fence a distance of 431.26 feet to a 10" post (fl for corner at a Northeast corner of said Daisy Farms 1556.668 acre tract and at the Southeast corner of said Plott 1.172 acre tract; Thence South 0015'01" West along the West Boundary Line of said Lamar County Road 13500 a distance of 358.66 feet to a 1/2" capped (JMN 4025) iron pin (fl for corner at a Southeast corner of said Daisy Farms 1556.668 acre tract and at the Northeast corner of a 0.286 acre tract of land surveyed by me on the 12th day of May, 2003, out of tract #1, a called 50 acre tract of land conveyed to D. O. Skeen et ux by deed recorded in Vol. 525, Page 389, in said Deed Records; Thence North 87°44'13" West with a fence a distance of 104.32 feet to a 1/2" capped (JMN 4025) iron pin (fl for corner at an el corner of said Daisy Farms 1556.668 acre tract and at the Northwest corner of said Skeen 0.286 acre tract; Thence South 4012'37" West with a fence a distance of 112.01 feet to a 1/2" capped (JMN 4025) iron pin (fl for corner at an el corner of said Daisy Farms 1556.668 acre tract and at the Southwest corner of said Skeen 0.286 acre tract; Thence South 87°06'37" East with a fence a distance of 116.02 feet to a 1/2" capped (JMN 4025) iron pin (f) for corner at a Northeast corner of said Daisy Farms 1556.668 acre tract and at the Southeast corner of said Skeen 0.286 acre tract; Thence South 0012'16" West along the West Boundary Line of said Lamar County Road 13500 a distance of 524.12 feet to a 1/2" capped (JMN 4025) iron pin (fl for corner at a Northeast corner of said Daisy Farms 1556.668 acre tract and at the Northeast corner of a called 2.794 acre tract of land conveyed to Marilynn Elizabeth Armstrong et ux by deed recorded in Vol. 1708, Page 8, in said Official Records; Thence North 83°21'23" West with a fence a distance of 378.08 feet to a 1/2" capped (JMN 4025) iron pin (fl for corner at an el corner of said Daisy Farms 1556.668 acre tract and at the Northwest corner of said Armstrong 2.794 acre tract; Thence South 5005'02" West with a fence a distance of 186.25 feet to a 1/2" capped (JMN 4025) iron pin (fl for corner at an el corner of said Daisy Farms 1556.668 acre tract and at the Southwest corner of said Armstrong 2.794 acre tract; Thence South 54°52'01" East with a fence a distance of 507.96 feet to a capped (JMN 4025) iron pin (fl for corner at a Northeast corner of said Daisy Farms 1556.668 acre tract, at the Southeast corner of said Armstrong 2.794 acre tract, at the Southeast corner of Exhibit "B", a Right- of-Way Easement conveyed to Josh Bray by said deed, and in the West Boundary Line of a called 27.403 acre tract of land conveyed to Jeffery Lynn Gordon et ux by deed recorded in Vol. 602, Page 1, in said Real Property Records; Thence South 0°0117" East with a fence along the West boundary Line of said Gordon 27.403 acre tract at 430.94 feet passing a 1/2" capped (NELSON SURVEYING) iron pin (s) for reference and continuing on a total distance of 455.88 feet to a Southeast corner of said Daisy Farms 1556.668 acre tract; Thence along an Auds Creek Tributary as follows: South 42°26'32" West a distance of 106.86 feet, South 28°29'46" West a distance of 175.97 feet; South 33°11'49" West a distance of 223.25 feet; South 49°56'37" West a distance of 63.58 feet; South 10 13'25" West a distance of 99.39 feet; South 10°47'52" West a distance of 226.91 feet; South 49°00'28" West a distance of 28.18 feet; South 74°03'37" West a distance of 50.67 feet; South 24°19'29" West a distance of 235.25 feet, South 38°05'41" West a distance of 71.54 feet; South 6057'18" East a distance of 55.34 feet; South 18°42'23" East a distance of 1.57 feet to the Southerly Southeast corner of said Daisy Farms 1556.668 acre tract, at the Easterly Northeast corner of said Sokolsky 271.418 acre tract, and in the West Boundary Line of a called 35.5 acre tract of land conveyed to Vernon Sugg by deed recorded Page 118 in Vol. 713, Page 350, in said Deed Records; South 14°38'57" East a distance of 14.78 feet; South 13°27'28" West a distance of 47.09 feet; South 23°28'16" West a distance of 63.81 feet; South 83°58'09" West a distance of 42.97 feet; South 35°04'03" West a distance of 36.44 feet; South 29°23'42" West a distance of 21.03 feet for corner at an el corner of said Sokolsky 271.418 acre tract and at the Southwest corner of said Sugg 35.5 acre tract; Thence South 89°10'54" East at 21.64 feet passing a 1/2" capped (NELSON SURVEYING) iron pin (s) for reference and continuing on a total distance of 2030.23 feet to a'h" capped (NELSON SURVEYING) iron pin (s) for corner at the Easterly Northeast corner of said Sokolsky 271.418 acre tract; Thence along the West Boundary Line of Farm Road 1497 as follows: Southwesterly around a curve (R=1472.39' C=South 3°22'23" West 32.67') to the left a distance of 32.67 feet to a concrete marker (fl; South 2°45'38" West a distance of 529.60 feet to a 1/2" capped (NELSON SURVEYING) iron pin (s); South 8029'38" West a distance of 201.00 feet to a 1/2" capped (NELSON SURVEYING) iron pin (s); South 2°45'38" West a distance of 300.00 feet to a 1/2" capped (NELSON SURVEYING) iron pin (s); South 2058'22" East at 113.31 feet passing a 1/2" capped (NELSON SURVEYING) iron pin (s) at a Southeast corner of said Sokolsky 271.418 acre tract and at the Northeast corner of said Sokolsky 4.00 acre tract and continuing on a total distance of 201.00 feet to a 1/2" capped (NELSON SURVEYING) iron pin (s); South 2°45'38" West at 262.75 feet passing a 1/2" capped (NELSON SURVEYING) iron pin (s) at a Northeast corner of said Sokolsky 271.418 acre tract and at the Southeast corner of said Sokolsky 4.00 acre tract and continuing on a total distance of 1432.65 feet to a 1/2" capped (NELSON SURVEYING) iron pin (s) for corner at a Southeast corner of said Sokolsky 271.418 acre tract and at the Northeast corner of a tract of land conveyed to Shirley Vest by deed recorded in Inst. 058841-2008, in said Official Records; Thence South 88°28'51" West with a fence a distance of 545.19 feet to a 1/2" capped (NELSON SURVEYING) iron pin (s) for corner at an el corner of said Sokolsky 271.418 acre tract and at the Northwest corner of said Vest tract; Thence with a fence along the Southerly East Boundary Line of said Sokolsky 271.418 acre tract as follows: South 0028'22" West a distance of 197.32 feet to a 1/2" capped (NELSON SURVEYING) iron pin (s) at the Southwest corner of said Vest tract and at the Northwest corner of a tract of land conveyed to Newton C. Alfred by deed recorded in Vol. 526, Page 172, in said Deed Records; South 1015'31" East a distance of 369.84 feet to a 1/2" capped (K Jones) iron pin (fl at the Northwest corner of a called 2 acre tract of land conveyed to Shelia Wilcoxen by deed recorded in Vol. 1752, Page 147, in said Official Records, and at the present Southwest corner of what remains of tract #1, a called 10 acre tract of land conveyed to H. W. Ritchey et ux by deed recorded in Vol. 440, Page 19, in said Deed Records; South 1015'52" East a distance of 200.07 feet to 1 1/2" iron pipe (f) at the Southwest corner of said Wilcoxen 2 acre tract and at the Northwest corner of a called 4 acre tract of land conveyed to Vernon Bunn et ux by deed recorded in Vol. 607, Page 906, of said Deed Records; South 0001'12" West a distance of 359.49 feet to a 1/2" capped (NELSON SURVEYING) iron pin (s) for corner at the Southwest corner of said Bunn 4 acre tract and at a Northwest corner of said Sokolsky 695.689 acre tract; Thence South 89°21'44" East a distance of 449.51 feet to a 3/8" spike nail (s) for corner at the Easterly Northeast corner of said Sokolsky 695.689 acre tract and at the Southeast corner of said Bunn 4 acre tract; Thence along the West Boundary Line of said Farm Road 1184 as follows: South 18°03'20" West a distance of 725.65 feet to a 3/8" spike nail (s); South 17°43'47" West a distance of 958.15 feet to a Southeast corner of said Sokolsky 695.689 acre tract and at the Northeast corner of a called 9.67 acre tract of land conveyed to Gloria Thornton by deed recorded in Vol. 1472, Page 146, in said Official Records, said corner being South 81 033'05" West a distance of 1.82 feet from a 3/8" iron pin (fl for reference; Page 119 Thence South 81 033'05" West a distance of 819.26 feet to a 3" metal post (fl for corner at an el corner of said Sokolsky 695.689 acre tract and at the Northwest corner of said Thornton 9.67 acre tract; Thence South 0024'29" East with a fence at 703.54 feet passing a 3" metal post (fl for reference and continuing on a total distance of 703.91 feet to the Southerly Southeast corner of said Sokolsky 695.689 acre tract and at the Westerly Southwest corner of said Thornton 9.67 acre tract; Thence along the North Boundary Line of said Farm Road 1184 as follows: South 64°43'34" West a distance of 2764.57 feet to a 3/8" spike nail (s); North 25°16'26" West a distance of 30.00 feet to a 3/8" spike nail (s); South 64°43'34" West a distance of 75.31 feet for corner in Auds Creek, said corner being the Southerly Southwest corner of said Sokolsky 695.689 acre tract and at the Easterly Southeast corner of a called 127.665 acre tract of land conveyed to Daniel K. King et ux by deed recorded in Vol. 1260, Page 10, in the Real Property Records of said County and State; Thence along Auds Creek as follows: North 52°33'21" West a distance of 33.86 feet; North 36°02'26" West a distance of 73.80 feet; North 19°56'08" West a distance of 64.26 feet; North 34°17'52" West a distance of 87.54 feet; North 65°38'44" West a distance of 64.41 feet; South 84°28'12" West a distance of 120.15 feet; North 75°05'54" West a distance of 41.96 feet; North 45°00'47" West a distance of 104.72 feet; North 30°34'29" West a distance of 92.70 feet; North 31 °11'47" West a distance of 75.24 feet; North 3008'47" East a distance of 102.91 feet; North 31°44'43" East a distance of 50.45 feet; North 52°18'01" East a distance of 96.01 feet; North 33°24'02" East a distance of 59.51 feet; North 15°09'38" East a distance of 56.15 feet; North 23°46'39" West a distance of 72.27 feet; North 39°53'05" West a distance of 63.15 feet; North 63°37'44" West a distance of 79.57 feet; North 79°44'36" West a distance of 67.24 feet; North 60°11'03" West a distance of 49.30 feet; North 29°11'49" West a distance of 72.49 feet; North 3°55'55" West a distance of 74.86 feet; North 4°20'10" East a distance of 88.16 feet; North 13°14'47" West a distance of 50.44 feet; North 12°51'34" West a distance of 159.84 feet; North 21 041'28" West a distance of 92.64 feet; North 24015'21" West a distance of 149.02 feet; North 14°07'38" West a distance of 170.05 feet; North 33°27'07" West a distance of 65.88 feet; North 70°43'05" West a distance of 43.97 feet; South 83°28'59" West a distance of 36.55 feet; South 2Z35'35" West a distance of 126.94 feet; South 45°45'25" West a distance of 56.49 feet; South 81-34'36" West a distance of 56.64 feet; North 47°30'09" West a distance of 67.55 feet; North 15°07'S0" West a distance of 79.50 feet; North 8019'46" East a distance of 85.95 feet; North 49°43'15" East a distance of 62.56 feet; North 58°26'15" East a distance of 116.91 feet; North 24°28'15" East a distance of 98.97 feet; North 3000'34" West a distance of 151.67 feet; North 44°41'41" West a distance of 131.12 feet; North 83°50'21" West a distance of 64.50 feet; South 47°03'09" West a distance of 42.44 feet; South 60°26'17" West a distance of 60.60 feet; South 65°14'05" West a distance of 70.80 feet; South 86028'48" West a distance of 107.35 feet; North 68°49'21" West a distance of 114.03 feet; North 88°53'S6" West a distance of 42.87 feet; South 42°13'13" West a distance of 47.84 feet; South 8013'22" West a distance of 74.92 feet; South 7027'41" East a distance of 228.49 feet; South 10°06'34" East a distance of 84.52 feet; South 102810" West a distance of 96.42 feet; South 19°37'01" West a distance of 42.49 feet; South 620%'19" West a distance of 45.50 feet; North 85°52'02" West a distance of 74.93 feet; South 81 034'36" West a distance of 24.58 feet; North 68°02'55" West a distance of 60.19 feet; North 55045'04" West a distance of 75.17 feet; North 58°17'17" West a distance of 58.22 feet; North 68°03'37" West a distance of 65.04 feet; North 43°47'39" West a distance of 89.78 feet; North 21 048'38" West a distance of 53.32 feet; North 14°34'00" East a distance of 71.61 feet; North 37°40'42" East a distance of 64.82 feet; North 53°55'39" East a distance of 65.73 feet; North 46°09'31" East a distance of 63.67 feet; North 11 038'20" East a distance of 31.24 feet; North 25°49'S2" West a distance of 31.00 feet; North 64°08'38" West a distance of 33.02 feet; South 66°18'25" West a distance of 120.95 feet; North 69°56'07" West a distance of 53.66 feet; North 13°01'08" West a distance of 128.30 feet; North 51 038'43" West a distance of 34.02 feet; South 59°27'20" West a distance of 53.56 feet; South 34°47'54" West a distance of 88.63 feet; South 56°08'01" West a distance of 46.86 feet; South Page 120 56038'44" West a distance of 54.56 feet; North 47°43'24" West a distance of 132.96 feet; North 44°50'31" West a distance of 65.82 feet; North 55°37'55" West a distance of 76.76 feet; North 20°13'16" West a distance of 51.46 feet, North 5020'24" East a distance of 15.37 feet to the Easterly Southeast corner of said Sokolsky 225.254 acre tract and at the Northeast corner of tract 9, a called 86.8 acre tract of land described in an Inventory and Appraisement of the Braxton J. Graves Estate recorded in Vol. 159, Page 171, in the Probate Minutes of said County and State, and claimed by Clovis Graves et al in an Application to Declare Heirship recorded in Vol. 159, Page 176, in said Probate Minutes; Thence North 89°00'10" West along the Easterly South Boundary Line of said Sokolsky 225.254 acre tract and along the North Boundary Line of said Graves 86.8 acre tract a distance of 1362.78 feet to a 3/8" spike nail (s) for corner at the Easterly Southwest corner of said Sokolsky 225.254 acre tract and in the East Boundary Line of Lamar County Road 13950; Thence North 0°27'41" West along the East Boundary Line of said Lamar County Road 13950 a distance of 19.94 feet to a 3/8" spike nail (s) for corner at an el corner of said Sokolsky 225.254 acre tract and at a Northeast corner of said Lamar County Road 13950; Thence along the North, West, and North Boundary Line of said Lamar County Road 13950 as follows: North 89°10'46" West a distance of 92.44 feet to a 3/8" spike nail (s); South 89°25'05" West a distance of 578.53 feet to a 3/8" spike nail (s); South 88°15'51" West a distance of 247.08 feet to a 3/8" spike nail (s); South 86°32'03" West a distance of 400.25 feet to a 3/8" spike nail (s); South 89°26'13" West a distance of 440.93 feet to a 3/8" spike nail (s); North 88°53'08" West a distance of 428.34 feet to a 3/8" spike nail (s); North 89°48'04" West a distance of 194.99 feet to a 3/8" spike nail (s); South 88°37'05" West a distance of 93.66 feet to a 3/8" spike nail (s); South 84°38'52" West a distance of 382.38 feet to a 3/8" spike nail (s); South 78°38'27" West a distance of 35.69 feet to a 3/8" spike nail (s); South 46°36'32" West a distance of 69.80 feet to a 3/8" spike nail (s); South 10°00'22" West a distance of 51.45 feet to a 3/8" spike nail (s); South 1000'35" West a distance of 157.43 feet to a 3/8" spike nail (s); South 0047'10" East a distance of 112.89 feet to a 3/8" spike nail (s); South 4°02'32" East a distance of 126.08 feet to a 3/8" spike nail (s); South 9°43'48" West a distance of 37.48 feet to a 3/8" spike nail (s); South 40057'21" West a distance of 28.24 feet to a 3/8" spike nail (s); South 73°59'23" West a distance of 56.20 feet to a 3/8" spike nail (s); South 86°37'20" West a distance of 85.47 feet to a 3/8" spike nail (s); South 88°33'21" West a distance of 430.98 feet to a 3/8" spike nail (s) for corner at the Southerly Southwest corner of said Sokolsky 225.254 acre tract and at a Northwest corner of said Lamar County Road 13950; Thence along the East Boundary Line of State Hwy. 19/24 as follows: North 3°55'22" West a distance of 15.61 feet to a concrete marker (fl; North 49°21'29" West a distance of 68.80 feet to a 3/8" spike nail (s); North 3018'22" West a distance of 820.69 feet to a 3/8" spike nail (s) on the East side of a concrete marker (f); North 1035'39" West a distance of 99.12 feet to a concrete marker (fl; North 3°09'44" West a distance of 900.56 feet to a 3/8" spike nail (s); North 7019'15" West a distance of 71.30 feet to a concrete marker (fl; North 3017'59" West a distance of 1.58 feet to a 3/8" spike nail (s) for corner at the Westerly Northwest corner of said Sokolsky 225.254 acre tract and at the Westerly Southwest corner of Exhibit II, Parcel "A", tract 1, a called 140.23 acre tract of land conveyed to Thomas Hearon Rutledge by deed recorded in Vol. 1263, Page 35, in the Real Property Records of said County and State. Thence North 89°16'20" East with a fence a distance of 336.61 feet to a 3/8" spike nail (s) for corner at an el corner of said Sokolsky 225.254 acre tract and at the Southerly Southeast corner of said Rutledge 140.23 acre tract; Thence along a West Boundary Line of said Sokolsky 225.254 acre tract and along an East Boundary Line of said Rutledge 140.23 acre tract as follows: North 3°24'04" West with a fence a distance of 370.71 feet to a 3/8" spike nail (s); North 5015'07" West a distance of 351.87 feet to a 3/8" spike nail (s) for corner at the Northerly Northwest corner of said Sokolsky 225.254 acre tract and at an el corner of said Rutledge 140.23 acre tract; Page121 Thence along the Northerly North Boundary Line of said Sokolsky 225.254 acre tract and a South Boundary Line of said Rutledge 140.23 acre tract as follows: North 89036'11" East partially with a fence a distance of 2170.00 feet to a 3/8" spike nail (s); North 49°09'41" East with a fence a distance of 40.17 feet to a 7" post (fl; South 79°02'09" East with a fence a distance of 484.46 feet to a 3/8" spike nail (s) for corner at a Northeast corner of said Sokolsky 225.254 acre tract and at an el corner of said Rutledge 140.23 acre tract; Thence South 9025'28" West with a fence a distance of 209.61 feet to a 3/8" spike nail (s) for corner at and el corner of said Sokolsky 225.254 acre tract and at a Southwest corner of said Rutledge 140.23 acre tract; Thence with a fence along the Easterly North Boundary Line of said Sokolsky 225.254 acre tract and a South Boundary Line of said Rutledge 140.23 acre tract as follows: South 82048'41" East a distance of 71.64 feet to a 3/8" spike nail (s); South 52°13'41" East a distance of 116.41 feet to a 3/8" spike nail (s); North 87°47'49" East at 846.38 feet passing a 3/8" spike nail (s) for reference and continuing on a total distance of 872.07 feet for corner at the Easterly Northeast corner of said Sokolsky 225.254 acre tract, at the Easterly Southeast corner of said Rutledge 140.23 acre tract, and in a West Boundary Line of said Sokolsky 695.689 acre tract, said corner being in Auds Creek; Thence with Auds Creek as follows: North 19°48'26" East a distance of 81.98 feet; North 6042'46" East a distance of 27.21 feet, North 74°33'20" West a distance of 47.37 feet; South 80°24'19" West a distance of 118.38 feet; North 59°27'02" West a distance of 52.32 feet; North 23°08'42" West a distance of 51.31 feet; North 22°20'41" East a distance of 59.83 feet; North 33°36'54" East a distance of 78.29 feet; North 30°50'40" East a distance of 106.82 feet; North 37°04'47" East a distance of 107.67 feet; North 13°20'42" East a distance of 61.61 feet; North 10°44'15" West a distance of 96.24 feet; North 2030'32" East a distance of 84.74 feet; North 16°55'47" West a distance of 118.61 feet; North 29°55'30" East a distance of 83.83 feet; South 58°07'41" East a distance of 148.90 feet; North 71 °58'24" East a distance of 90.05 feet; North 39°24'02" East a distance of 122.35 feet; North 21 022'46" West a distance of 147.49 feet; North 0'06" West a distance of 124.33 feet; North 12°32'03" West a distance of 64.23 feet; North 14°53'34" East a distance of 81.01 feet; North 71°15'19" East a distance of 32.26 feet; North 53011'01" East a distance of 59.74 feet; North 35°39'36" East a distance of 20.70 feet to a Southeast corner of said Sokolsky 446.392 acre tract and at the Northeast corner of said Rutledge 140.23 acre tract; Thence with a fence along the South Boundary Line of said Sokolsky 446.392 acre tract and along the North Boundary Line of said Rutledge 140.23 acre tract as follows: North 86°35'19" West at 46.70 feet passing a 7" post (f) for reference and continuing on a total distance of 520.84 feet to a 7" post (fl; North 89°01'36" West a distance of 919.50 feet to a 6" post (fl; North 89°37'30" West a distance of 922.46 feet to a 4" post (fl; North 89°00'00" West a distance of 1995.50 feet to a 3/8" spike nail (s) for corner at the Southwest corner of said Sokolsky 446.392 acre tract and at the Northwest corner of said Rutledge 140.23 acre tract; Thence along the East Boundary Line of State Hwy. 19/24 as follows: North 3017'27" West a distance of 118.77 feet to a concrete marker (fl; North 1035'40" East a distance of 402.15 feet to a concrete marker (fl; North 8020'39" West a distance of 389.64 feet to a concrete marker (fl; Northwesterly around a curve (R=11294.19' C=North 2°17'48" West 410.16') to the right a distance of 410.19 feet to a concrete marker (fl; North 6031'01" East a distance of 197.18 feet to a concrete marker (fl; Northeasterly around a curve (R=11269.19' C=North 0043'58" East 394.51') to the right a distance of 394.53 feet; North 6011'01" West a distance of 100.85 feet to a concrete marker (fl; Northeasterly around a curve (R=11284.19' C=North 3010'44" East 375.76') to the right a distance of 375.77 feet to a concrete marker (fl; North 0°39'20" West a distance of 119.94 feet to a concrete marker (f); North 4°08'39" East a distance of 900.11 feet to a concrete marker (fl; North 7058'47" East a distance of 225.55 feet to a concrete marker (o for corner at the Northwest corner of said Sokolsky 446.392 acre tract and at the Southwest corner of a called 42.951 acre tract of land conveyed to K. S. A. Ranchers, LLC by deed recorded in Instrument 055989-2008, in said Official Records; Page 122 Thence North 89°51'22" East with a fence a distance of 1036.35 feet to a 1/2" capped (WJMoore 5723) iron pin (fl for corner at a Southwest corner of said Daisy Dairy 1556.668 acre tract and at the Southerly Southeast corner of said K. S. A. Ranchers 42.951 acre tract; Thence with a fence along the Southerly West Boundary Line of said Daisy Dairy 1556.668 acre tract and the Southerly East Boundary Line of said K. S. A. Ranchers 42.951 acre tract as follows: North 0024'57" East a distance of 1458.43 feet to a 1/2" capped (NELSON SURVEYING) iron pin (s) at the Southeast corner of a 0.761 acre Ingress 8 Egress Easement conveyed as tract 2 to Daisy Farms, LLC by deed recorded in Instrument 067189-2009, in said Official Records; North 0037'19" East a distance of 33.06 feet to the Southerly Southeast corner of said Daisy Farms 9.191 acre tract, at the Northeast corner of said Ingress & Egress Easement, and at a remaining Northeast corner of said K. S. A. Ranchers 42.951 acre tract; Thence along the North Boundary Line of said 0.761 acre Ingress & Egress Easement as follows: North 83°50'59" West at 0.29 feet passing a 1/2" capped (WJMoore 5723) iron pin (fl for reference and continuing on a total distance of 127.55 feet to a 1/2" capped (WJMoore 5723) iron pin (f); North 88°25'52" West a distance of 167.65 feet to a 1/2" capped (WJMoore 5723) iron pin (fl; South 84°15'30" West a distance of 201.04 feet to a 1/2" capped (WJMoore 5723) iron pin (fl; North 88°16'S4" West a distance of 85.33 feet to a 5" post (fl at a Southeast corner of said Daisy Farms 1556.668 acre tract, at an original el corner of said K. S. A. Ranchers 42.951 acre tract, and at the Southwest corner of said Daisy Farms 9.191 acre tract, North 89°40'48" West with a fence a distance of 332.33 feet to a 1/2" capped (NELSON SURVEYING) iron pin (fl for corner at the Westerly Southwest corner of said Daisy Farms 1556.668 acre tract, at the Westerly Northwest corner of said K. S. A. Ranchers 42.951 acre tract, and at the Northwest corner of said 0.761 acre Ingress & Egress Easement; Thence along the East Boundary Line of said State Hwy. 19/24 as follows: North 12°38'20" East a distance of 73.28 feet to a concrete marker (fl; North 6021'11" East a distance of 400.47 feet to a concrete marker (fl; North 21 °43'23" West a distance of 111.31 feet to a concrete marker (fl; North 4006'27" East a distance of 399.43 feet to a concrete marker (fl; North 5058'13" East a distance of 300.69 feet to a concrete marker (fl; North 3001'58" East a distance of 1200.67 feet to a concrete marker (f); North 8050'12" East a distance of 301.22 feet to a concrete marker (fl; North 4014'15" East a distance of 300.03 feet to a concrete marker (fl; North 10 16'19" West a distance of 100.54 feet to a concrete marker (fl; North 4°04'25" East a distance of 252.86 feet to a concrete marker (fl; Northeasterly around a curve (R=11279.08' C=North 5°03'47" East 342.85') to the right a distance of 342.86 feet to a concrete marker (fl; North 3051'42" East a distance of 297.37 feet to a concrete marker (fl; Northeasterly around a curve (R=11294.08' C=North 8010'32" East 296.62') to the right a distance of 296.63 feet to a concrete marker (fl; North 14°49'39" East a distance of 398.85 feet to a concrete marker (fl; North 4°26'20" East a distance of 301.60 feet to a concrete marker (fl; North 10°18'42" East a distance of 500.57 feet to a concrete marker (fl; North 18°36'13" East a distance of 201.96 feet to a concrete marker (fl; North 10°06'14" East a distance of 199.77 feet to a concrete marker (fl; North 6043'14" East a distance of 154.98 feet to a concrete maker (fl for corner at the Northwest corner of said Daisy Farms 1556.668 acre tract and at the Southwest corner of that part of tract 2 as conveyed to Robert Lee Gilbreath et al by deed recorded in Vol. 698, Page 80, in said Real Property Records, which lies East of said State Hwy. 19 / 24, said corner being in a South Boundary Line of said Richard Thomas Survey #937 and in the Westerly North Boundary Line of said Adam Hampton Survey #389; Thence North 89°45'30" East along the Westerly North Boundary Line of said Daisy Farms 1556.668 acre tract a distance of 1367.97 feet to a 3/8" spike nail (s) for corner at a Southwest corner of said Sokolsky 171.461 acre tract and at the Southeast corner of said Gilbreath 83.43 acre tract, said corner being in said Auds Creek; Thence along said Auds Creek as follows: North 39°26'17" West a distance of 23.26 feet, North 54°57'23" West a distance of 22.68 feet; North 77°28'24" West a distance of 92.83 feet; North 50°21'47" West a distance of 29.12 feet; North 15°39'54" West a distance of 68.94 feet; North Page 123 3°39'13" West a distance of 37.92 feet; North 24°29'02" West a distance of 24.48 feet; North 69°31'34" West a distance of 35.38 feet; North 62°52'41" West a distance of 78.07 feet; North 44°12'00" West a distance of 44.09 feet; North 22°50'08" West a distance of 55.27 feet; North 4°14'46" East a distance of 40.39 feet; North 23°00'53" West a distance of 65.27 feet; North 7003'47" East a distance of 27.38 feet; North 23°10'13" East a distance of 43.48 feet; North 6°28'21" East a distance of 49.82 feet; North 37°14'42" East a distance of 44.55 feet; North 44°55'16" East a distance of 70.10 feet; North 25°11'14" East a distance of 45.72 feet; North 0056'26" West a distance of 57.98 feet; North 28°42'S7" West a distance of 113.69 feet; North 58°56'19" West a distance of 19.26 feet; North 74°18'04" West a distance of 55.68 feet; South 89°46'37" West a distance of 50.50 feet; North 48°39'34" West a distance of 66.40 feet; North 1°16'14" West a distance of 48.83 feet; North 59°34'43" West a distance of 349.90 feet; North 52°11'58" West a distance of 36.50 feet; North 66°02'24" West a distance of 87.83 feet; North 53°15'30" West a distance of 60.56 feet; North 71°14'28" West a distance of 156.76 feet; North 66°42'38" West a distance of 44.30 feet; North 80°40'50" West a distance of 25.19 feet; North 83°25'44" West a distance of 1.83 feet for corner; Thence North 10°11'32" East at 25.00 feet passing a 3/8" spike nail (s) for reference and continuing on a total distance of 400.00 feet to the place of beginning and containing 3745.294 acres of land. 37.988 Acres Situated about 5.7 miles South 10 West of the City of Paris, County of Lamar, and State of Texas, part of the Mathias Click #165, and being tract 1, a called 37.988 acre tract of land conveyed to Daisy Farms, LLC, by deed recorded in Instrument 071549-2009, in the Official Records of said County and State. Beginning at a 1/2" capped (NELSON SURVEYING) iron pin (s) for corner at the Southeast corner of said Daisy Farms 37.988 acre tract and at the Southwest corner of a called 70.6 acre tract of land conveyed to John Wayne Reddell by deed recorded in Vol. 548, Page 698, in the Deed Records of said County and State. Thence North 1°10'05" East partially with a fence a distance of 1680.30 feet to 1/2" capped (JMN 4025) iron pin (fl for corner at the Northeast corner of said Daisy Farms 37.988 acre tract, at the Northwest corner of said John Reddell 70.6 acre tract, and in the South Boundary Line of a called 30.295 acre tract of land conveyed to John W. Reddell et ux by deed recorded in Vol. 970, Page 152, in said Real Property Records; Thence North 89°53'09" West with a fence a distance of 923.93 feet to a 1/2" capped (JMN 4025) iron pin (fl for corner at the Northwest corner of said Daisy Farms 37.988 acre tract and at the Southwest corner of said John Reddell 30.295 acre tract; Thence along the East Boundary Line of Lamar County Road 12600 as follows: South 5°16'39" West a distance of 698.89 feet to a 1/2" capped (NELSON SURVEYING) iron pin (s); South 5043'25" West a distance of 512.89 feet to a 1/2" capped (NELSON SURVEYING) iron pin (s); South 3030'03" West a distance of 442.40 feet to a 1/2" capped (NELSON SURVEYING) iron pin (s); South 6°59'37" East a distance of 17.34 feet a 1/2" capped (NELSON SURVEYING) iron pin (s); South 30°1642" East a distance of 20.92 feet to a 1/2" capped (NELSON SURVEYING) iron pin (s) for corner at the Southwest corner of said Daisy Farms 37.988 acre tract; Thence North 89°55'32" East along the North Boundary Line of said Lamar County Road 12600 a distance of 1019.47 feet to the place of beginning and containing 37.988 acres of land. 31.654 Acres Situated about 81 miles South 20 East of the City of Paris, County of Lamar, and State of Texas, a part of the Samuel Lemons Survey #522, and being that part of tract 3, a called 31.654 Page 124 acre tract of land conveyed David Sokolsky by deed recorded in Instrument 070692-2009, in the Official Records of said County and State. Beginning at a 3/8" spike nail (s) for corner at the Southwest corner of said Sokolsky 31.654 acre tract and at the Northwest corner of a called 4.98 acre tract of land conveyed to Steven Edward McFatridge et ux by deed recorded in Vol. 1071, Page 163, in said Real Property Records. Thence with a fence along the South Boundary Line of said Sokolsky 31.654 acre tract as follows: South 86°27'55" East a distance of 457.56 feet to a 3/8" iron pin (fl at the Northeast corner of said McFatridge 4.98 acre tract and at a Northwest corner of a called 115.80 acre tract of land conveyed to Henry A. Hunt et ux by deed recorded in Vol. 578, Page 295, in said Real Property Records; South 87°01'15" East along a North Boundary Line of said Hunt 115.80 acre tract a distance of 592.08 feet to a 3/8" spike nail (s) for corner at the Southeast corner of said Sokolsky 31.654 acre tract and at a Southwest corner of a called 65 acre tract of land conveyed to Richard Scully et ux by deed recorded in Vol. 451, Page 97, in said Real Property Records; Thence North 6010'44" East with a fence along the West Boundary Line of said Scully 65 acre tract a distance of 1569.54 feet to a 3/8" spike nail (s) in a 2" iron pipe (fl for corner at the Northeast corner of said Sokolsky 31.654 acre tract and at the Southeast corner of a called 4.02 acre tract of land conveyed to Terry Ritchey et al by deed recorded in Vol. 1874, Page 119, in the Official Records of said County and State. Thence North 89°17'47" West with a fence a distance of 729.82 feet for corner at the Northwest corner of said Sokolsky 31.654 acre tract and at the Southwest corner of said Ritchey 4.02 acre tract, said corner being South 89°17'47" East a distance of 0.98 feet from a'/2" iron pin (fl for reference; Thence along the East Boundary Line of said Farm Road 1184 as follows: Southerly around a curve (R=858.51', C=South 17°27'23" West 21.12') to the right a distance of 21.12 feet to a concrete marker (fl; South 18°03'18" West a distance of 730.18 feet to a concrete marker (fl; South 17°43'46" West a distance of 835.72 feet to the place of beginning and containing 31.654 acres of land. 30.508 Acres Situated about 8.1 miles South 20 East of the City of Paris, County of Lamar, and State of Texas, part of the Samuel Lemons Survey #522, and being tract 2, a called 30.508 acre tract of land as conveyed to David Sokolsky by deed recorded in Instrument 070692-2009, in the Official Records of said County and State. Beginning at a 3/8" spike nail (s) for corner at the Easterly Southeast corner of said Sokolsky 30.508 acre tract, at a Southwest corner of Lamar County Road 13850, and in the present Easterly North Boundary Line of a 125 acre tract of land conveyed to Clovis C. Graves in a Judgment Declaring Heirship as recorded in Vol. 140, Page 285, in the Probate Records of said County and State. Thence South 89°33'47" West with a fence a distance of 1001.58 feet to a 6" post (fl for corner at an el corner of said Sokolsky 30.508 acre tract and at a present Northerly Northwest corner of said Graves 125 acre tract, Thence South 0027'38" East with a fence a distance of 105.79 feet to a 3/8" iron pin (f) for corner at the Southerly Southeast corner of said Sokolsky 30.508 acre tract and at a present el corner of said Graves 125 acre tract; Thence South 88°18'05" West with a fence at 1369.78 feet passing a 3/8" spike nail (s) for reference and continuing on a total distance of 1447.28 feet for corner in Auds Creek at the Southwest corner of said Sokolsky 30.508 acre tract, at the Northwest corner of said Graves 125 acre tract, and in the East Boundary Line of tract 6, a called 51 acre tract of land conveyed to Joe B. Coston by deed recorded in Vol. 1468, Page 210, in said Official Records; Page 125 Thence along Auds Creek as follows: North 51°12'S9" West a distance of 15.52 feet; North 30°24'00" West a distance of 18.65 feet for corner at the Northwest corner of said Sokolsky 30.508 acre tract and at the Northeast corner of said Coston 51 acre tract; Thence along the South Boundary Line of Farm Road 1184 as follows: North 64°46'26" East a distance of 1540.51 feet to a concrete marker (fl; North 58°52'07" East a distance of 99.41 feet to a concrete marker (fl; North 64°43'40" East a distance of 1000.23 feet to a 3/8" spike nail (s); South 76°35'25" East a distance of 80.00 feet to a 3/8" spike nail (s); North 64°41'03" East a distance of 17.07 feet to a 3/8" spike nail (s) for corner at the Easterly Northeast corner of said Sokolsky 30.508 acre tract and at the Northwest corner of said Lamar County Road 13850; Thence South 0026'11" West along the West Boundary Line of said Lamar County Road 13850 a distance of 993.22 feet to the place of beginning and containing 30.508 acres of land. 198.121 Acres Situated 8.8 miles South 13° West of the City of Paris, County of Lamar, and State of Texas, part of the Samuel Lemons Survey #522 and the Adam Hampton Survey #389, and being a called 198.121 acre tract of land conveyed to David Sokolsky by deed recorded in Instrument 070729- 2009, in the Official Records of said County and State. Beginning at a concrete marker (fl for corner at the Northerly Northwest corner of said Sokolsky 198.121 acre tract and at a Southwest corner of Lamar County Road 13950. Thence along the South Boundary Line of said Lamar County Road 13950 as follows: North 87°48'06" East a distance of 429.87 feet to a 3/8" spike nail (s); North 87°08'42" East a distance of 187.08 feet to a metal post (fl for corner at a Southeast corner of said Lamar County Road 13950 and at the Westerly Southwest corner of a called 6 acre tract of land conveyed to Sarah Justiss King by deed recorded in Vol. 546, Page 798, in the Deed Records of said County and State; Thence North 88016'11" East with a fence a distance of 304.89 feet to a metal post (fl for corner at the Northerly Northeast corner of said Sokolsky 198.121 acre tract and at an el corner of said King 6 acre tract, Thence South 1-49'50" East with a fence a distance of 199.27 feet to a metal post (fl for corner at an el corner of said Sokolsky 198.121 acre tract and at the Southerly Southwest corner of said King 6 acre tract, Thence along the North Boundary Line of said Samuel Lemons Survey #522 and the South Boundary Line of said Adam Hampton Survey #389 as follows: South 87°54'23" East a distance of 271.93 feet to a 3/8" spike nail (s) at the Southeast corner of said King 6 acre tract and at the Southerly Southwest corner of tract 9, a called 86.8 acre tract (shown in the Estate of Braxton J. Graves recorded in Vol. 159, Page 171, in the Probate Minutes of said County and State) as conveyed to Clovis Graves et al by Application to Declare Heirship recorded in Vol. 159, Page 176, in said Probate Minutes, South 88°10'10" East a distance of 1549.20 feet to a 3/8" spike nail (s); South 88°26'31" East a distance of 1318.85 feet to a 3/8" spike nail (s) for corner at the Northeast corner of said Sokolsky 198.121 acre tract and in the Southerly South Boundary Line of said Graves 86.8 acre tract; Thence along the East Boundary Line of said Sokolsky 198.121 acre tract and along the West Boundary Line of said Lamar County Road 13950 as follows: South 25°56'48" East a distance of 23.78 feet to a 3/8" spike nail (s); South 2033'36" West a distance of 80.00 feet to a 3/8" spike nail (s); South 5055'36" West a distance of 94.85 feet to a 3/8" spike nail (s); South 5044'36" West a distance of 52.62 feet to a 3/8" spike nail (s); South 3°39'15" West a distance of 170.62 feet to a 3/8" spike nail (s); South 0004'18" West a distance of 287.39 feet to a 3/8" spike nail (s); South 1028'55" West a distance of 196.80 feet to a 3/8" spike nail (s); South 9°13'16" West a distance of 92.51 feet to a 3/8" spike nail (s); South 10°36'28" West a distance of 110.09 feet to a 3/8" spike nail (s); South 14°26'48" West a distance of 145.92 feet to a 3/8" spike nail (s); South 17°19'13" West a distance of 448.55 feet to a 3/8" spike nail (s); South 17°44'45" West a distance of 119.37 feet to a 3/8" spike Page 126 nail (s); South 14°47'40" West a distance of 80.91 feet to a 3/8" spike nail (s); South 4049'09" West a distance of 92.30 feet to a 3/8" spike nail (s) for corner at the Easterly Southeast corner of said Sokolsky 198.121 acre tract and at the Northeast corner of tract 5, a called 128.33 acre tract of land conveyed to Joe B. Coston by deed recorded in Vol. 1468, Page 210, in said Official Records; Thence North 89°54'33" West at 10.02 feet passing a 1/2" capped (RPLS 5469) iron pin (fl and continuing on a total distance of 2078.70 feet to a 12" post (fl for corner at an el corner of said Sokolsky 198.121 acre tract and at the Northwest corner of said Coston 128.33 acre tract; Thence South 10°58'51" East along the West Boundary Line of said Coston 128.33 acre tract a distance of 287.10 feet to a metal post (fl for corner at the Southerly Southeast corner of said Sokolsky 198.121 acre tract and at the Northeast corner of tract 6, a called 28 acre tract of land conveyed to Carmon Lynn Burrow Hayes by deed recorded in Vol. 1120, Page 45, in said Real Property Records; Thence South 88°03'22" West with a fence at 1645.05 feet passing a metal post (f) for reference and continuing on a total distance of 1646.71 feet to the Southwest corner of said Sokolsky 198.121 acre tract and at the Northwest corner of said Hayes 28 acre tract; Thence along the East Boundary Line of State Hwy. 19/24 as follows: North 3019'05" West a distance of 570.32 feet to a concrete marker (fl; North 4031'56" West a distance of 200.01 feet to a concrete marker (fl; North Y18'41" West (reference bearing) a distance of 699.77 feet to a concrete marker (fl; North 0025'11" West a distance of 200.27 feet to a concrete marker (fl; North 3020'46" West a distance of 300.37 feet to a concrete marker (fl; North 6013'58" West a distance of 200.31 feet to a 3/8" spike nail (s); North 3018'05" West a distance of 328.00 feet to a concrete marker (fl at the Westerly Northwest corner of said Sokolsky 198.121 acre tract; North 40°26'23" East a distance of 72.44 feet to the place of beginning and containing 198.121 acres of land. The above field notes being taken from an actual survey made on the ground by J. M. Nelson, Registered Professional Land Surveyor of Texas, No. 4025, beginning on January 6, 2009, and ending on February 9, 2010. Page127 r~1 Q ~ ~ jS _ ~ . r j March 11, 2010 Mr. Kevin Ward, Executive Administrator Texas Water Development Board 1700 N. Congress Avenue Austin, Texas 78701 Re: $1,385,000 Lamar County Water Supply District Water Revenue Bonds, Series 2009 Dear Mr. Ward: This letter is to advise you that the City's Wholesale Treated Water Contract with Lamar County Water Supply District, dated May 8, 2006, contains in Article V an initial term of 20 years which expires on May 8, 2026, and contains four 5-year renewals with the consent of the parties to the Water Contract for extensions. This letter serves to advise the Texas Water Development Board that the City will not oppose the renewal of the Wholesale Treated Water Contract and its extensions for as long as District remains in compliance with the terms of the Contract and the District's Water Revenue Bonds, Series 2009, referenced above, remain outstanding. We appreciate very much the Texas Water Development Board's financing the District's bonds at such a favorable term. If you need any other information from the City please feel free to contact us. CITY OF PARIS, TEXAS Jesse James Freelen, Mayor P.O. BOX 9037 • PARIS, TD(AS 75461-9037 •(903) 785-7511 • FAX (903) 782-9721 EX H I B i T.5., page 128 APR-12-2010 21:07 FROM:LAMAR C0. WATER 1 903 784 7148 T0:9037859500 P:2/2 FM 195 Meters Meter # Customer 574 Not AcWe 6227 Kim Kozei 572 Buck Rader 5793 Mary Couch 569 AR Ringwald do Jim Ray 8886 Ayesha Shaflq 8991 Ayesha Sahflq 5m KeRh House 2193 Not Ackive 571 C L Damell 7661 Don Morrell 2224 Joann Mdore 4103 Scott Sansom 563 Not Active 1313 Maryann Martz 714 R & R Plumbing 715 Batbara l,ong 4129 Bob Ables 2626 Joann Ondrovik Mailing Addreas 3110 FM 195, Pads, 75462 8140 FM 195, Paris, 75462 3155 FM 195, Parts, 75462 3195 FM 195 3205 Abbey Lane, Parfs, 75462 3205 Abbey Lane, Pads, 75482 253 CR 42250 3210 FM 195, Paris, 75462 P O BQx 777, Pads, 75461 3620 FM 195, Paris, 75462 3640 FM 195, Pads, 75462 P O Box 952, Paris, 75461 464 CR 33820, Peris, 75460 3780 FM 195, PaHs, 75482 3350 NE Loop 289, Pads, 75460 3830 FM 195, Paris, 75462 EXHIBIT 1)