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RIVER FALLS REFUGE 1

Acknowledgement, Release, and Indemnification Agreement

1.   River Falls, Lot Owner, and the POA’s. The undersigned Lot Owner (the Lot Owner) is the owner of one or more real property lots in River Falls, a rural subdivision located in Randall County, Texas (River Falls). Lot Owner, concurrently with the purchase of a lot at River Falls, automatically became a member of the RR Falls Property Owners Association, Inc., a Texas non-profit corporation (the RR Falls POA) or the River Falls Airport Property Owners Association, Inc. a Texas non-profit corporation (the Airport POA), depending on the location of Lot Owner(s) lot in River Falls. The RR Falls POA and the Airport POA may sometimes be referred to collectively in this instrument as the POA's

2.   Refuge 1. Refuge on Red River, LLC, a Texas limited liability company (the Owner) is the owner of Refuge 1. The POA(s) own Refuge on Red River, LLC. Refuge 1 consists of the surface only of the following described real property ( Refuge 1) located in Randall County, Texas:

A 541.917 acre tract of land in Sections 8, 9, 24, 25, 40 and 41, Block 6, I.&G.N.R.R. Co. Survey, Randall County, Texas, said tract being described by metes and bounds as follows:

Beginning at point on the caprock of the Palo Duro Canyon at which said caprock intersects the North line of Section 5d, Block 6, I.&G.N. R.R. Co. Survey, Randall County, Texas, a 1/2 iron rod found for a corner of Lot 2, Block 1, River Falls Unit No. 14, as recorded under Clerk(s) File No. 2008021778, the POINT OF BEGINNING of this tract, from whence the Northeast corner of said Section 56 bears N 89°44 06 E, a distance of 458.78 feet (the term caprock or rim, means that meandering exposed ledge commonly used in describing the metes and bounds of the Palo Duro Canyon, and was defined using Aerial Photography with Global Positioning ground control);

Thence S 89°44'06" W, along the North line of said Section 56 and said River Falls Unit No. 14, a distance of 183.75 feet to a 1/2 iron rod found in the North line of said Section 56 for the Northeast corner of River Falls Unit No. 11, as recorded under Clerk(s) File No. 2008004613;

Thence Northwesterly and Southeasterly following the caprock as it traverses along the Northerly boundary of said River Falls Unit No. 11 to a 1/2 iron rod found;

Thence  N 59° 44'35" W, along the  Northerly  boundary  of said  River Falls  Unit No. 11 a distance of 276.07 feet to a 1/2 iron rod found;

Thence Northwesterly, Southeasterly, Northwesterly, Easterly, Southerly, Northeasterly, Southeasterly, Northeasterly and Southeasterly following the caprock as it traverses along the Northerly boundary of said River Falls Unit No. 11 to a 1/2 iron rod found for its Northwest corner, being a point in the East line of that certain 233.772 acre tract recorded in Volume 1675, Page 59;

Thence N 22°32'00"E, along the East line of said 233.772 acre tract, a distance of 2442.85 feet to a 1/2 iron rod found;

Thence N 10°17'06"E, along the East line of said 233.772 acre tract, a distance of 372.17 feet to a 1/2 iron rod found;

Thence N 73°03'04"W, along the East line of said 233.772 acre tract, a distance of 254.47 feet to a 1/2 iron rod found for the Southeast comer of that certain 3.201 acre tract of land recorded under Clerk(s) File No. 2004009870;

Thence N 17° l7'36"W, along the East line of said 3.201 acre tract, a distance of 223.37 feet to a 1/2 iron rod found;

Thence N 50°09'13"W, along the East line of said 3.201 acre tract, a distance of 281.61 feet to a 1/2 iron rod found in the East line of that certain 48.994 acre tract recorded under Clerk's File No. 2003015822;

Thence N 13°28'24 W, along the East line of said 48.994 acre tract, a distance of 675.83 feet to a 1/2 iron rod found for the most Easterly point of that certain tract of land described under Clerk(s) File No. 2002011451, known as the Lake Tanglewood Dam Site;

Thence N 00°31’10“ W, a distance of 562.82 feet to a point on the caprock;

Thence Southeasterly and Northeasterly following the caprock to a 1/2 iron rod found for the Southeast comer of River Falls Unit No. 1, as recorded under Clerk(s) File No. 2004003754;

Thence Northeasterly, Easterly and Northeasterly following the caprock as it traverses along the Southerly boundary of said River Falls Unit No. 1, to a point where it intersects the North line of said Section 41, same being the South line of said Section 24;

Thence Northwesterly, Northeasterly and Westerly following the caprock as it traverses along the Easterly and Northerly boundary of said River Falls Unit No. 1, to a 1/2 iron rod found for the Northeast comer of Lot 10, Block 1 of the Replat of Lots 1-10 of River Falls Unit No. 1, as recorded under Clerk(s) File No. 2004023674;

Thence Northwesterly, Southeasterly, Northeasterly, Northwesterly, Northeasterly and Westerly following the caprock as it traverses along the Easterly and Northerly boundary of said Replat of Lots 1-10 of River Falls Unit No. 1, to a 1/2 iron rod being the most Northerly comer of Lot 1 , Block 1 of said Replat of Lots 1-10 of River Falls Unit No. 1;

Thence Northwesterly following the caprock as it traverses across an unplatted area to a 1/2 iron rod found for the most Southerly point on the caprock in Lot 1, Block 1 River Falls Unit No. 2, as recorded under Clerk(s) File No. 2005003202;

Thence Northeasterly and Northwesterly following the caprock as it traverses the Easterly boundary of said Lot 1, Block 1, River Falls Unit No. 2, to a 1/2 iron rod found for the most Southerly point on the caprock on the Replat Lot 2, Block 1, River Falls Unit No. 2, as recorded under Clerk(s) File No. 2005022386;

Thence Northeasterly following the caprock as it traverses the Easterly boundary of said Replat of Lot 2, Block 1, River Falls Unit No. 2, to a 1/2 iron rod found for the most Westerly point on a caprock for Lot 4, Block 1, of said River Falls Unit No. 2;

Thence Southeasterly, Northeasterly and Westerly following the caprock as it traverses along the Southerly boundary of said River Falls Unit No. 2, to a point where it intersects the East line of said Section 24, same being the West line of said Section 25;

Thence Northeasterly, Southeasterly and Northwesterly following the caprock as it traverses along the Southerly and Easterly boundary of said River Falls Unit No. 2, to a point where it intersects the West line of said Section 25, same being the East line of said Section 24;

Thence Northwesterly following the caprock as it traverses the Northeasterly boundary of said River Falls Unit No. 2, to a 1/2 iron rod found for the most Southerly comer of Lot 4, Block 1, River Falls Unit No. 3, as recorded under Clerk(s) File No. 2005014381;

Thence Northeasterly following the caprock as it traverses the Southerly boundary of said River Falls Unit No. 3, to a point where it intersects the East line of said Section 24, same being the West line of said Section 25;

Thence Northeasterly and Southeasterly following the caprock as it traverses the Southerly boundary of said River Falls Unit No. 3, to a 1/2 iron rod found for the Northwest comer of Lot 1, Block 1, River Falls Unit No. 4, as recorded under Clerk(s) File No. 2005026181;

Thence Southeasterly and Easterly following the caprock as it traverses the Westerly boundary of said River Falls Unit No. 4, to a 1/2 iron rod found for the Northwest comer of Lot 1, Block 1, River Falls Unit No. 8, as recorded under Clerk(s) File No. 2007017064;

Thence S 27°42'21"E, along the Westerly boundary of said River Falls Unit No. 8, a distance of 279.58 feet to a  1/2 iron rod found;

Thence S 50°19'11"W, along the Westerly boundary of said River Falls Unit No. 8, a distance of 203.97 feet to a 1/2 iron rod found;

Thence S 28°03'32"W, along the Westerly boundary of said River Falls Unit No. 8, a distance of 177.69 feet to a 1/2 iron rod found;

Thence S 41°11'52 “E, along the Westerly boundary of said River Falls Unit No. 8, a distance of 74.64 feet to a 1/2 iron rod found, the most Northerly point of a 67.444 acre tract, surveyed simultaneously and known as Tract 1 of the Remainder of the Red River Refuge;

Thence S 41°11'52”E, along the Westerly boundary of said Tract 1, a distance of 606.03 feet to a point on the caprock;

Thence Southeasterly following the caprock as it traverses the Westerly boundary of said Tract 1;

Thence S 50°25'11"E,  along the Westerly  boundary  of said Tract 1, a distance of 555.56 feet to a point a point on the caprock in Lot 1, Block 3, River Falls Unit No. 15, as recorded under Clerk(s) File No. 2009004182;

Thence Southeasterly, Southwesterly, Southeasterly, Southwesterly, Southeasterly and Southwesterly following the caprock as it traverses the Westerly boundary of said River Falls Unit No. 15, to a point where it intersects the South line of said Section 25, same being the North line of said Section 40;

Thence Southerly, Northeasterly, Southeasterly, Southwesterly, Southeasterly, Northwesterly, Southwesterly and Southeasterly following the caprock as it traverses the Westerly boundary of said River Falls Unit No. 15, to a 1/2 iron rod found for the most Easterly point on the caprock in Lot 3, Block 1, River Falls Unit No. 18, as recorded under Clerk(s) File No. 2009022761;

Thence Northwesterly and Southeasterly following the caprock as it traverses the Westerly boundary of said River Falls Unit No. 18, to a 1/2 iron rod found for the Northeast corner of Lot 6, Block 1, of said River Falls Unit No. 15;

Thence Southerly and Southwesterly following the caprock as it traverses the Westerly boundary of said River Falls Unit No. 15, to a 1/2 iron rod found for the most Southerly point on a caprock for Lot 10, Block 1, River Falls Unit No. 17, as recorded under Clerk(s) File No. 2009017426;

Thence Northwesterly, Southwesterly, Northwesterly and Southwesterly following caprock as it traverses the Northerly boundary of said River Falls Unit No. 17, to a point where it intersects the West line of said Section 40, same being the East line of said Section 41;

Thence Southwesterly and Southeasterly following the caprock as it traverses the Westerly boundary of said River Falls Unit No. 17, to a point where it intersects the East line of said Section 41, same being the West line of said Section 40;

Thence Southeasterly and Southwesterly following the caprock as it traverses the Westerly boundary of said River Falls Unit No. 17, to a point where it intersects the West line of said Section 40, same being the East line of said Section 41;

Thence Southwesterly following the caprock as it traverses the Northerly boundary of said River Falls Unit No. 17, to a 1/2 iron rod found for the most Easterly point on a caprock for Lot 2, Block 1, of said River Falls Unit No. 14;

Thence Northwesterly, Southeasterly and Southwesterly following the caprock as it traverses the Northerly and Westerly boundary of said Lot 2, to the POINT OF BEGINNING

Said tract contains a computed area of 541.917 acres of land.

3.   Acknowledgement of Danger. Lot Owner acknowledges that Refuge 1 is raw, undeveloped land containing canyons, cliffs, water hazards, and very uneven terrain and may contain hidden and unhidden dangers because of the nature of the terrain and the presence of wild animals, and that use of Refuge 1 may pose a threat or danger to the Lot Owner or Lot Owner(s) family, guests, or invitees. Lot Owner acknowledges that presence on or use of Refuge 1 may be a very dangerous activity.

4.   No Lawsuit. After acknowledging the facts stated in paragraph 3 above, in consideration of the right and privilege of being allowed to use Refuge 1, Lot Owner, for himself or herself, and for his or her heirs, personal representatives, successors, and assigns, covenants and agrees to forever refrain from instituting, procuring, or in any way aiding any suit or claim for any and all damages or losses arising out of or attributed, directly or indirectly, to the presence of Lot Owner or Lot Owner(s) family, guests, or invitees on Refuge 1, against the following persons and entities (collectively, the Indemnitees):

4.1 the Owner

4.2 the POA(s):

4.3 the officers. directors, employees, or agents of the POA(s) and the Owner; and

4.4 each of the foregoing persons (and entities) respective heirs, successors. and assigns.


5.   Indemnity. Indemnitees will not be liable or responsible for, and Lot Owner must exonerate, protect. indemnify, defend, and  hold  harmless  Indemnitees  against  all liabilities, expenses, claims, fines, penalties, costs, attorney (s) fees, and damages of  every kind (whether arising out of or attibuted, directly or indirectly, to or resulting from negligent acts or omissions of Indemnitees, whether caused by the sole negligence of Indemnitees or by the concurrent neglgence of Indemnittees) including, without limitation, injury to or death of any person or persons, and for damage to or loss of property, arising out of or attributed, directly or indirectly, to the presence of Lot Owner or Lot Owner(s) family, guests. or invitees on Refuge 1, irrespective of the legal theory upon which any such claim or suit may be based. This indemnification shall extend to the successors and assigns of Indemnitees.

First Property Owner Name

First Name*

Middle Name

Last Name*

Phone*
First Property Owner Date of Birth*
First Property Owner Signature*
Second Property Owner Name

First Name*

Middle Name

Last Name*
Second Property Owner Date of Birth*
Third Property Owner Name

First Name*

Middle Name

Last Name*
Third Property Owner Date of Birth*
Fourth Property Owner Name

First Name*

Middle Name

Last Name*
Fourth Property Owner Date of Birth*
Fifth Property Owner Name

First Name*

Middle Name

Last Name*
Fifth Property Owner Date of Birth*
Sixth Property Owner Name

First Name*

Middle Name

Last Name*
Sixth Property Owner Date of Birth*
Seventh Property Owner Name

First Name*

Middle Name

Last Name*
Seventh Property Owner Date of Birth*
Eighth Property Owner Name

First Name*

Middle Name

Last Name*
Eighth Property Owner Date of Birth*
Ninth Property Owner Name

First Name*

Middle Name

Last Name*
Ninth Property Owner Date of Birth*
Tenth Property Owner Name

First Name*

Middle Name

Last Name*
Tenth Property Owner Date of Birth*
Property Owner Address
Address Line 1:*
Street address, P.O. box, company name, c/o
Address Line 2:
Apartment, suite, unit, building, floor, etc.
Country:*
City:*
State/Province:*
Zip/Postal:*
Parent or Guardian's Email Address

Email*

Confirm Email*
Emergency Contact

Emergency Contact's Name*

Emergency Contact's Phone Number*
River Falls Street Address:

Click to type in address *
Parent(s) or court-appointed legal guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Middle Name

Last Name*

Phone*
Parent or Guardian's Date of Birth*
Parent or Guardian's Signature*
Electronic Signature Consent*
By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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