HomeMy WebLinkAboutInsurance DELETION OF ARBITRATION PROVISION
(Not Applicable to the•texas Residential Owner Policy)
ARBITRATION is a common form of alternative dispute resolution. It can he a quicker and cheaper means to settle a dispute
with your Title Insurance Company. However, if you agree to arbitrate,you give up your right to tale the Title Compare to
court and your rights to discovery ofeV idence may he limited in the arbitration process, to addition. you cannot usually:
appeal an arbitrator's,award.
Your policy contains an arbitration provision(shown below). It allows you or the Company to require arbitration if the
amount of insurance is$I,000000 or less. If you want to retain your right to sue the Company in case of a dispute over a
claim,you must request deletion of the arbitration provision before the policy is issued. You can do this by signing this fb rin
and returning it to the Company at or before the(losing of your real estate transaction or by writing to the(Company.
The Arbitration provision in the Policy is as follows:
"1Jnless prohibited by applicable law or unless this arbitration section is deleted by specific provision in Schedule [3 of this
policy,either the Company or the Insured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the
American Arbitration Association. Arbitrable matters may include, but arc not limited to,any controversy or claim between
the Company and the Insured arising out of or relating to this Policy.and service of'the Company in connection with its
issuance or the breach of a policy provision or other obligation. All arbitrable matters when the Amount of Insurance is
$1,000,0(10 or less SHALT. BF arbitrated at the request of either the(Company or the Insured, unless the Insured is an
individual person(as distinguished from a corporation,trust, partnership,association or other legal entity). All arbitrable
matters when the Amount of Insurance is in excess of$I,000,000 shall be arbitrated only when agreed to by both the
Company and the Insured. Arbitration pursuant to this Policy and under the Rules in effect on the date the demand fix
arbitration is made or,at the option of the Insured.the Rules in effect at the [)ate of Policy shall he binding upon the parties.
'I-he ward may include attorneys' fees only if the laws of the state in which the land is located permit a court to award
attorneys' lees to a prevailing party. Judgment upon the award rendered by the 'lrbitratorts)may he entered in any court
having jurisdiction thereof.
The Law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules.
A Copy of the Rules may be obtained from the Company upon request."
I request deletion of the Arbitration provision.
S ignature tate
Fidelity National Title Insurance Company
TEXAS TITLE INSURANCE INFORMATION
Title insurance insures you against loss resulting from certain El segue de titulo le asegura en relation a perdidas resultantes
risks to your title.
The Commitment for Title Insurance is the title insurance
do ciertos ries os quc pueden afcctar el titulo de su propiedad.
El Compromiso para Seguro de'limbo e. la prumcsa de la
company's promise to issue the title insurance policy. The cotnpania aseguradora de[Milos de emitir la poliza de seguro de
Commitment is a legal document, You should review it titulo. El Compromise es un documento legal. listed dobe.
carefully to completely understand it before.your closing date. leero cuidadosamente y entendario completamente antes de la
fecha para tinalizar su transaccion.
Your Commitment for Title Insurance is a legal contract between you and us. `I he Commitment is not an opinion or report of yiour title It is a contract to issue you a
policy subject to the Commitment's terms and requirements.
Before ISMalig a Commitment for'I'Ile Insurance(the Ccnmitment)ora Ink Instil-twee Policy(the Policy),the Tide Insurance Company thy C'mopany)detcrni;nes
whether the title is insurable. This determination has already been etude. Part of that determination involves the Company's decision to insure the title except for
certain risks that will not he covered by the Policy. Some of these risks arc listed in Schedule 13 of the attached Commitment as I'.xceptions. Other risks are stated in
the Policy as Exclusions These risks will not he covered by the Policy.
Another part of the determination involves whether the promise to insure is conditioned upon certain requirements being net Schedule C of the Commitment lists
these requirements that must he satistied or the Company will refuse to cover then, You may want to discuss any matters shown on Schedules Ii and('of the
Commitment with an attorney. These matters will affect your title and your use of the land,
When your Policy is issued,the coverage will be limited by the Policy's Exceptions.Exclusions and Conditions,defined below
-EXCEPTIONS are title risks that a Policy generally covers but does not cover in a particular instance Exceptions are shown on Schedule 13 or discussed
in Schedule('of the Commitment Cher can also he added if you do not comply with the Conditions section of the Commitment, When the Policy is
issued,all Exceptions will be on Schedule 13 of the Policy.
-FXCI IJSR)NS are title risks that a Policy generally does not cover. Exclusions are contained in the Policy but not shown or discussed in the
Commitment
-CONDITIONS are additional provisions that qualify or limit your coverage. Conditions include your responsibilities and those of the Company They arc
contained in the Policy but not shown or discussed in the Commitment. The Policy Conditions are not the same as the Commitment Conditions.
You can gel a copy of the policy,[Unit approved by the State Board of Insurance by calling the Title insurance Company at or by calling the title insurance agent that
issued the Commitment. 1'he State hoard of Insurance may revise the policy form from time to time.
You can also get a brochure that explains the Policy from the Texas Department of Insurance by calling 1-300-152-3439.
Before the Poli ) is issued,you may request changes in the Policy. Some of the changes to consider are:
-Request amendment of the."coca and boundary"exception(Schedule II,paragraph 21. To ,et this amendment,you must furnish a survey or comply with
other requirements of the Company. On the(Avner Policy,you must pay an additional premium for the amendment. If the survey is acceptable to the
Company or if the Company's other requirements arc met.your Policy will insure you against loss because of discrepancies or conflicts in boundarylines.
encroachments or protrusions,or overlapping of improvements The Company may then decide not to insure against specific boundary or survey problems
by making special exceptions in the Policy. Whether or not you request iimendment of the"area and boundary"exception,You should determine whether
you want to purchase and review a survey ifti survey is not being provided to you.
Allow the Company to add an exception to'rights of parties in possession." If you refuse this exception,the Company or the title insurance agent may
inspect the property The Company may except to and not insure you against the rights of specific persons,such as renters,adverse owners or easement
holders who occupy the land. The Company may charge you for the inspection If you want to make your own inspection,you must sign a Waiver of
Inspection limn and allow the i'onapany to addthis exception to your Policy
l lw entire premium for a Policy must be paid when the Policy is issued. You will not owe any additional premiums unless vat want to increase your coverage at a
later date and the Company agrees to add an Increased Valine Endorsement.
Fidelity National Title Insurance Company Page I
COMMITMENT FOR TITLE INSURANCE
SCHEDULE C
Your Policy will not cover loss,costs, attorneys' fees.and expenses resulting from the following requirements that will appear as
l•Ixceptions in Schedule 13 rIc the Policy. uilcss you dispose of these matters to our satisfaction. before the (lat.! the Policy is issued:
Documents creating your title or interest must be approved by us and must be signed.notarised and filed for record.
Satisfactory evidence must be provided that:
a. no person occupying the land claims any interest in that land against the persons named in paragraph 3 of Schedule
A.
b. all standby fees.taxes,assessments and charges against the property have been paid,
c. all improvements or repairs to the property are completed and accepted by the owner, and that all contractors,
subcontractors, laborers and suppliers have been fully paid,and that no mechanic's. laborer's or materialmen's liens
have attached to the property.
d. there is legal right of access to and l'roni the land,
e. (on a Mortgagee Policy only)restrictions have not been and will not he violated that affect the validity and priority
of the insured mortgage.
You must pay the seller or borrower the agreed amount for your property or interest.
Any defect, lien or other matter that may affect title to the land or interest insured, that arises or is filed after the effective
date of this Commitment.
S. Company requires examination of an Order Of Abandonment,or similar document,as to that portion of"Old Rock
Prairie Road" comprising the subject property.
Company requires examination of a Municipal Resolution,or similar document,authorizing the sale of the subject
property.
7. Upon acquisition by Applicant Purchaser of fee title to all tracts adjoining the subject property and upon issuance of
an Order Of Abandonment by Record Owner,Company will issue an Owner's Title Policy to Applicant Purchaser
insuring fee title to the suhject solely in Applicant Purchaser,without exception to the rights of any other entity or
entities in and to the subject property(other than utility easement holders).
Countersigned
Veritas Title Partners
Authorized Signatory
Fidelity National Title Insurance Company Page 1
COMMITMENT FOR TITLE INSURANCE
SCHEDULE B
EXCEPTIONS FROM COVERAGE
In addition to the Exclusions and Conditions and Stipulations, your Policy will not cover loss,costs.attorneys' fees,and expenses
resulting from:
The following restrictive covenants of record itemized below(We must either insert specific recording data or delete this
exception):
This Item will be DELETED in its entirety from any Policy of Title Insurance issued pursuant to this Commitment
for Title Insurance.
Any discrepancies,conflicts,or shortages in area or boundary lines,or any encroachments or protrusions,or any
overlapping of improvements.
3 Ilomestead or community property or survivorship rights, if any,of any spouse of any insured. (Applies to the Owner
Policy only).
1. Any titles or rights asserted by anyone,including,but not limited to, persons. the public, corporations,governments or other
entities,
a. to tidelands, or lands comprising the shores or beds of navigable or perennial rivers and streams. lakes, hays, gulfs
or oceans.or
b. to lands beyond the line of harbor or bulkhead lines as established or changed by any government, or
c. to filled-in lands, or artificial islands,or
d. to statutory water rights. including riparian rights,or
e. to the area extending from the line of mean low tide to the line of vegetation, or the rights of access to that area or
easement along and across that area.
(Applies to the Owner Policy only.)
i, Standby fees,taxes and assessments by any taxing authority for the year 2006,and subsequent years;and subsequent taxes
and assessments by any taxing authority for prior years due to change in land usage or ownership, but not those taxes or
assessments for prior years because of an exemption granted to a previous owner of the property under Section 11.13,
Texas Tar('ode,or because of improvements not assessed for a previous tax year. (If Texas Short Form Residential
Mortgagee Policy(T-2R) is issued,that policy will substitute"which become due and payable subsequent to Date of
Policy" in lieu of"for the year_ and subsequent years.")
h. The terms and conditions of the documents creating your interest in the land.
7. Materials furnished or labor performed in connection with planned construction betbre signing and delivering the lien
document described in Schedule A. if the land is part of the homestead of the owner. (Applies to the Mortgagee Title
Policy Binder on Interim Construction Loan only.and may he deleted if satisfactory evidence is furnished to us before a
binder is issued.)
8. Liens and leases that affect the title to the land,but that are subordinate to the lien of the insured mortgage. (Applies to
Mortgagee Policy(T-2)only.)
Fidelity National Title Insurance Company Page I
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
Ci.P. No.or File No. 06000626
Effective Date: March 29.2006, 8:00 am
Commitment No.06000626 Issued: June 12,2006, 8:00 am
if applicable)
The policy or policies to he issued are:
ta) OWNER POLICY OF TIILL INSURANCL(F'orni T-I)
(Not applicable for improved one-to-four family residential real estate)
Policy Amount:
PROPOSE,) INSURED: WEINGARTEN/INVE.STMENTS, INC., A TEXAS CORPORATION
(b) TEXAS RESIDENTIAL OWNER POLICY OF TITLE INSURANCE-
ONE-TO-FOl1R FAMILY RESIDENCES(Form T-I R)
Policy Amount:
PROPOSED INSURED:
(c) MORTGAGEE POLICY OF TITLE INSURANCE(Form T-2)
Policy Amount:
PROPOSED INSURED:
I)
Proposed t3orrower:
(d) TEXAS SHORT FORM RESIDENTIAL MORTGAGEE POLICY OF TITLE INSURANCE(Form T-2R)
Policy Amount:
PROPOSED INSURED:
Proposed Borrower:
(e) MOR I'GAGEE TITLE POLICY BINDER ON INTERIM CONSTRUCTION LOAN (Form 3)
Binder Amount:
PROPOSED INSURED:
Proposed Borrower:
(I) OTI I ER
Policy Amount:
PROPOSED INSURED:
?. The interest in the land covered by this Commitment is: Fee Simple
3. Record title to the land on the Effective Date appears to he vested in:
THE CITY OF COLLEGE STATION,A MUNICIPAL CORPORATION OF THE STATE OF TEXAS
4, Legal description of the land:
A tract of land containing 2.058 acres(89,646 square feet),more or less,out of the THOMAS CARUTH ERS
LEAGUE SURVEY,ABSTRACT NO.9,and the ROBERT STEVENSON SURVEY,ABSTRACT NO.54,in the
City of College Station, Brazos County,Texas;said tract being more particularly described by metes and bounds in
Exhibit "A",attached hereto and incorporated herein for all purposes.
Page I
Fidelity National Title Insurance Company
TEXAS TITLE INSURANCE INFORMATION
Title insurance insures you against loss resulting from certain El segue de titulo le asegura en relation a perdidas resultantes
risks to your title.
The Commitment for Title Insurance is the title insurance
do ciertos ries os quc pueden afcctar el titulo de su propiedad.
El Compromiso para Seguro de'limbo e. la prumcsa de la
company's promise to issue the title insurance policy. The cotnpania aseguradora de[Milos de emitir la poliza de seguro de
Commitment is a legal document, You should review it titulo. El Compromise es un documento legal. listed dobe.
carefully to completely understand it before.your closing date. leero cuidadosamente y entendario completamente antes de la
fecha para tinalizar su transaccion.
Your Commitment for Title Insurance is a legal contract between you and us. `I he Commitment is not an opinion or report of yiour title It is a contract to issue you a
policy subject to the Commitment's terms and requirements.
Before ISMalig a Commitment for'I'Ile Insurance(the Ccnmitment)ora Ink Instil-twee Policy(the Policy),the Tide Insurance Company thy C'mopany)detcrni;nes
whether the title is insurable. This determination has already been etude. Part of that determination involves the Company's decision to insure the title except for
certain risks that will not he covered by the Policy. Some of these risks arc listed in Schedule 13 of the attached Commitment as I'.xceptions. Other risks are stated in
the Policy as Exclusions These risks will not he covered by the Policy.
Another part of the determination involves whether the promise to insure is conditioned upon certain requirements being net Schedule C of the Commitment lists
these requirements that must he satistied or the Company will refuse to cover then, You may want to discuss any matters shown on Schedules Ii and('of the
Commitment with an attorney. These matters will affect your title and your use of the land,
When your Policy is issued,the coverage will be limited by the Policy's Exceptions.Exclusions and Conditions,defined below
-EXCEPTIONS are title risks that a Policy generally covers but does not cover in a particular instance Exceptions are shown on Schedule 13 or discussed
in Schedule('of the Commitment Cher can also he added if you do not comply with the Conditions section of the Commitment, When the Policy is
issued,all Exceptions will be on Schedule 13 of the Policy.
-FXCI IJSR)NS are title risks that a Policy generally does not cover. Exclusions are contained in the Policy but not shown or discussed in the
Commitment
-CONDITIONS are additional provisions that qualify or limit your coverage. Conditions include your responsibilities and those of the Company They arc
contained in the Policy but not shown or discussed in the Commitment. The Policy Conditions are not the same as the Commitment Conditions.
You can gel a copy of the policy,[Unit approved by the State Board of Insurance by calling the Title insurance Company at or by calling the title insurance agent that
issued the Commitment. 1'he State hoard of Insurance may revise the policy form from time to time.
You can also get a brochure that explains the Policy from the Texas Department of Insurance by calling 1-300-152-3439.
Before the Poli ) is issued,you may request changes in the Policy. Some of the changes to consider are:
-Request amendment of the."coca and boundary"exception(Schedule II,paragraph 21. To ,et this amendment,you must furnish a survey or comply with
other requirements of the Company. On the(Avner Policy,you must pay an additional premium for the amendment. If the survey is acceptable to the
Company or if the Company's other requirements arc met.your Policy will insure you against loss because of discrepancies or conflicts in boundarylines.
encroachments or protrusions,or overlapping of improvements The Company may then decide not to insure against specific boundary or survey problems
by making special exceptions in the Policy. Whether or not you request iimendment of the"area and boundary"exception,You should determine whether
you want to purchase and review a survey ifti survey is not being provided to you.
Allow the Company to add an exception to'rights of parties in possession." If you refuse this exception,the Company or the title insurance agent may
inspect the property The Company may except to and not insure you against the rights of specific persons,such as renters,adverse owners or easement
holders who occupy the land. The Company may charge you for the inspection If you want to make your own inspection,you must sign a Waiver of
Inspection limn and allow the i'onapany to addthis exception to your Policy
l lw entire premium for a Policy must be paid when the Policy is issued. You will not owe any additional premiums unless vat want to increase your coverage at a
later date and the Company agrees to add an Increased Valine Endorsement.
Fidelity National Title Insurance Company Page I
COMMITMENT FOR TITLE INSURANCE
SCHEDULE C
Your Policy will not cover loss,costs, attorneys' fees.and expenses resulting from the following requirements that will appear as
l•Ixceptions in Schedule 13 rIc the Policy. uilcss you dispose of these matters to our satisfaction. before the (lat.! the Policy is issued:
Documents creating your title or interest must be approved by us and must be signed.notarised and filed for record.
Satisfactory evidence must be provided that:
a. no person occupying the land claims any interest in that land against the persons named in paragraph 3 of Schedule
A.
b. all standby fees.taxes,assessments and charges against the property have been paid,
c. all improvements or repairs to the property are completed and accepted by the owner, and that all contractors,
subcontractors, laborers and suppliers have been fully paid,and that no mechanic's. laborer's or materialmen's liens
have attached to the property.
d. there is legal right of access to and l'roni the land,
e. (on a Mortgagee Policy only)restrictions have not been and will not he violated that affect the validity and priority
of the insured mortgage.
You must pay the seller or borrower the agreed amount for your property or interest.
Any defect, lien or other matter that may affect title to the land or interest insured, that arises or is filed after the effective
date of this Commitment.
S. Company requires examination of an Order Of Abandonment,or similar document,as to that portion of"Old Rock
Prairie Road" comprising the subject property.
Company requires examination of a Municipal Resolution,or similar document,authorizing the sale of the subject
property.
7. Upon acquisition by Applicant Purchaser of fee title to all tracts adjoining the subject property and upon issuance of
an Order Of Abandonment by Record Owner,Company will issue an Owner's Title Policy to Applicant Purchaser
insuring fee title to the suhject solely in Applicant Purchaser,without exception to the rights of any other entity or
entities in and to the subject property(other than utility easement holders).
Countersigned
Veritas Title Partners
Authorized Signatory
Fidelity National Title Insurance Company Page 1
COMMITMENT FOR TITLE INSURANCE
SCHEDULE B
EXCEPTIONS FROM COVERAGE
In addition to the Exclusions and Conditions and Stipulations, your Policy will not cover loss,costs.attorneys' fees,and expenses
resulting from:
The following restrictive covenants of record itemized below(We must either insert specific recording data or delete this
exception):
This Item will be DELETED in its entirety from any Policy of Title Insurance issued pursuant to this Commitment
for Title Insurance.
Any discrepancies,conflicts,or shortages in area or boundary lines,or any encroachments or protrusions,or any
overlapping of improvements.
3 Ilomestead or community property or survivorship rights, if any,of any spouse of any insured. (Applies to the Owner
Policy only).
1. Any titles or rights asserted by anyone,including,but not limited to, persons. the public, corporations,governments or other
entities,
a. to tidelands, or lands comprising the shores or beds of navigable or perennial rivers and streams. lakes, hays, gulfs
or oceans.or
b. to lands beyond the line of harbor or bulkhead lines as established or changed by any government, or
c. to filled-in lands, or artificial islands,or
d. to statutory water rights. including riparian rights,or
e. to the area extending from the line of mean low tide to the line of vegetation, or the rights of access to that area or
easement along and across that area.
(Applies to the Owner Policy only.)
i, Standby fees,taxes and assessments by any taxing authority for the year 2006,and subsequent years;and subsequent taxes
and assessments by any taxing authority for prior years due to change in land usage or ownership, but not those taxes or
assessments for prior years because of an exemption granted to a previous owner of the property under Section 11.13,
Texas Tar('ode,or because of improvements not assessed for a previous tax year. (If Texas Short Form Residential
Mortgagee Policy(T-2R) is issued,that policy will substitute"which become due and payable subsequent to Date of
Policy" in lieu of"for the year_ and subsequent years.")
h. The terms and conditions of the documents creating your interest in the land.
7. Materials furnished or labor performed in connection with planned construction betbre signing and delivering the lien
document described in Schedule A. if the land is part of the homestead of the owner. (Applies to the Mortgagee Title
Policy Binder on Interim Construction Loan only.and may he deleted if satisfactory evidence is furnished to us before a
binder is issued.)
8. Liens and leases that affect the title to the land,but that are subordinate to the lien of the insured mortgage. (Applies to
Mortgagee Policy(T-2)only.)
Fidelity National Title Insurance Company Page I
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
Ci.P. No.or File No. 06000626
Effective Date: March 29.2006, 8:00 am
Commitment No.06000626 Issued: June 12,2006, 8:00 am
if applicable)
The policy or policies to he issued are:
ta) OWNER POLICY OF TIILL INSURANCL(F'orni T-I)
(Not applicable for improved one-to-four family residential real estate)
Policy Amount:
PROPOSE,) INSURED: WEINGARTEN/INVE.STMENTS, INC., A TEXAS CORPORATION
(b) TEXAS RESIDENTIAL OWNER POLICY OF TITLE INSURANCE-
ONE-TO-FOl1R FAMILY RESIDENCES(Form T-I R)
Policy Amount:
PROPOSED INSURED:
(c) MORTGAGEE POLICY OF TITLE INSURANCE(Form T-2)
Policy Amount:
PROPOSED INSURED:
I)
Proposed t3orrower:
(d) TEXAS SHORT FORM RESIDENTIAL MORTGAGEE POLICY OF TITLE INSURANCE(Form T-2R)
Policy Amount:
PROPOSED INSURED:
Proposed Borrower:
(e) MOR I'GAGEE TITLE POLICY BINDER ON INTERIM CONSTRUCTION LOAN (Form 3)
Binder Amount:
PROPOSED INSURED:
Proposed Borrower:
(I) OTI I ER
Policy Amount:
PROPOSED INSURED:
?. The interest in the land covered by this Commitment is: Fee Simple
3. Record title to the land on the Effective Date appears to he vested in:
THE CITY OF COLLEGE STATION,A MUNICIPAL CORPORATION OF THE STATE OF TEXAS
4, Legal description of the land:
A tract of land containing 2.058 acres(89,646 square feet),more or less,out of the THOMAS CARUTH ERS
LEAGUE SURVEY,ABSTRACT NO.9,and the ROBERT STEVENSON SURVEY,ABSTRACT NO.54,in the
City of College Station, Brazos County,Texas;said tract being more particularly described by metes and bounds in
Exhibit "A",attached hereto and incorporated herein for all purposes.
Page I
Fidelity National Title Insurance Company