HomeMy WebLinkAboutTitle Insurance 11/29/06 15:29 FAX 979 776 238° LAWYERS TITLE . . al 002/005
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
G.F.No.or File No. S29021
Effective Date: November 2,2006, 7:00 am
Commitment No. issued: November 15,2006, 10:47 am
(if applicable)
l. The policy or policies to be issued are:
(a) OWNER POLICY OF TITLE INSURANCE(Form T-1)
(Not applicable for improved one-to-four family residential real estate)
Policy Amount: S
PROPOSED INSURED: CA New Plan Texas Assets,L.P.
(b) TEXAS RESIDENTIAL OWNER POLICY OF i n LE INSURANCE-
ONE-TO-FOUR FAMILY RESIDENCES(Form T-1 R)
Policy Amount
PROPOSED INSURED:
(c) MORTGAGEE POLICY OF TITLE INSURANCE(Form T-2)
Policy Amount:
PROPOSED INSURED:
Proposed Borrower:
(d) TEXAS SHORT FORM RESIDENTIAL MORTGAGEE POLICY OF TITLE INSURANCE(Form T-2R)
Policy Amount:
PROPOSED INSURED:
Proposed Borrower:
(e) MORTGAGRE TITLE POLICY BINDER ON INTERIM CONSTRUCTION LOAN(Form T-13)
Binder Amount
PROPOSED INSURED:
Proposed Borrower:
(f) OTHER
Policy Amount:
PROPOSED INSURED:
2. The interest in the land covered by this Commitment is: Fee Simple
3. Record title to the land on the Effective Date appears to be vested in:
JOHN C.CULPEPPER,III(as to Tract One)
MARY LAKE REALTY,Ltd., a Texas Limited Partnership(as to Tract Two);
•
4. Legal description of the land:
Tract One:
All that certain 0.1233 acre (5,370 square feet) of land being a portion of Lot 10R, REPLAT OF PARCEL IV,
BLOCK B, CULPEPPER PLAZA ADDITION, an addition to the City of College Station, Brazos County, Texas,
according to the plat recorded in Volume 2855,Page 149,Official Records of Brazos County,Texas,and being more
particularly described by metes and bounds as follows:
Commencing at the north corner of Lot 12,of said Replat of Parcel IV,Block B, Culpepper Plaza Addition located
in the southwest right-of-way line of Kyle South (70' Wide)(formerly Puryear Drive); Thence, S 43' 07' 36" W -
310.48',with the northwest line of said Lot 12,to a found axle marking the west corner of said Lot 12 Iocated in the
northeast line of Parcel I,Block"B",according to the plat of Culpepper Plaza,recorded in Volume 338,Page 467,
Dced Records of Brazos County,Texas;
THENCE N 46' 52' 24" W-359.96',with said northeast line of Parcel I and the northeast line of Parcel II, of said
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Ticor Title Insurance Company
11/29/06 15:29 FAX 979 776 2381 LAWYERS TITLE V1003/005
GF.No.s29021
Continuation of Schedule A
Culpepper Plaza, to a found 5/8" iron rod with cap marking the south corner of the aforementioned Lot 10R and
the POLNT OF BEGINNING of the herein described tract;
THENCE,N 46°52' 24"W-95.06',continuing with said northeast line of Parcel II common with the southwest line
of Lot 10R,to a found 5/8"iron rod with cap marking the west corner of said Lot 10R;
THENCE,N 43'07' 59"E-56.50',with the northwest line of said Lot 10R,to a point for corner;
1'H i,NCE,S 46°52' 24"E-95.03',along a line 5650' northeast of and parallel with the northeast line of said Parcel
II,Culpepper Plaza,to a point for corner in the southeast line of said Lot 10R;
THENCE S 430 06' 39" W -5650',with said southeast line of 1012., to the POINT OF BEGINNING of the herein
described tract and containing 0.1233 acre(5,370 square feet),more or less.
Tract Two:
All that certain 0.4669 acre (20,338 square feet) of land being a portion of Lot 11, REPLAT OF PARCEL IV,
BLOCK B, CULPEPPER PLAZA ADDITION, an addition to the City of College Station, Brazos County, Texas,
according to the plat recorded in Volume 2855,Page 149,Official Records of Brazos County,Texas, and being more
particularly described by metes and bounds as follows:
Commencing at the north corner of Lot 12,of said Replat of Parcel IV,Block B,Culpepper Plaza Addition located
in the southwest right-of-way line of Kyle South (70' Wide)(fornnerly Puryear Drive); Thence, S 430 07' 36" W -
253.97', with the northwest line of said Lot 12, to a found found 5/8" iron rod with cap for the POINT OF
BEGINNING of the herein described tract;
'121-1LNCE,S 43°07'36"W-56.50', continuing with said northwest line of Lot 12,to a found axle marking the west
corner of said Lot 12 located in the northeast line of Parcel I,Block"B", according to the plat of Culpepper
recorded in Volume 338,Page 467,Deed Records of Brazos County,Texas;
THe
line of Parcel
d
Culpepper Plaza,to a found 5/8" ron rod with cap marking the est corner of th the aforementionedmnortheastof sai
N 46° 52' 24" W-359.96',with said northeast line of Parcel I and Lot 11;��
pepP
THENCE,N 43'06'39"E-56.50',with the northwest line of said Lot 11,to a point for corner;
'HENCE S 46°52'24" E-359.98', along a line 56.50' northeast of and parallel with the northeast line of Parcel I
and Parcel II, of said Culpepper Plaza,to the POINT OF BEGINNING of the herein described tract and containing
0.4669 acre(20,338 square feet),more or less.
NOTE: The Company is prohibited from insuring the area or quantity of the land described herein- Any statement
in the above legal description of the area or quantity of land is not a representation that such are or quantity is
correct,but is made only for informational and/or identification purposes and does not override Item 2 of Schedule
B hereof.
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Ticor Title Insurance Company
11/29/06 15:29 FAX 979 776 238? LAVERS TITLE Z00,1/005
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:
1. The following restrictive covenants of record itemized below(We must either insert specific recording data or delete this
exception):
PLAT:VOLUME 2855,PAGE 149,OFFICIAL RECORDS OF BRAZOS COUNTY,TEXAS.
NOTE: TO THE EXTENT THAT THESE RESTRICTIONS VIOLATE 42 USC 3604 OR, INDICATING
INDI ATING A
PREFERENCE, LIMITATION OR DISCRIMINATION .BASED ON RACE, COL
HANDICAP, FAMILIAL STATUS OR NATIONAL ORIGIN, SUCH RESTRICTIONS ARE HEREBY
OMITTED.
2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments or protrusions, or any
overlapping of improvements. Company has approved the current land title survey and upon request, and payment
of any promulgated premium,this item will be amended in the policy(ies)to be issued to read: 'shortages in:area'.
3. Homestead or community property or survivorship rights, if any, of any spouse of any insured. (Applies to the Owner
Policy only).
4. 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,bays, 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 lint 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.)
_ Standby fees,taxes and assessments by any taxing authority for the year 2007,and subsequent years;and subsequent taxes
and assessments by any taxing authority for prior years due to change in land usage or ownership,but not those taxes or
assessments for prior years because of an exemption granted to a previous owner of the property under Section 11.13,
Texas Tax Code, or because of improvements not assessed for a previous tax year. (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.")
6. The terms and conditions of the documents creating your interest in the land.
7. Materials furnished or labor performed in connection with planned construction before 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 be deleted if satisfactory evidence is famished to us before a
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Ticor Title Insurance Company
11✓29/06 15:30 FAX 979 776 2381 LAWYERS TITLE Z 005/005
Continuation of Schedule A G.F.No.S29021
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.)
9. The Exceptions from Coverage and Express Insurance in Schedule B of the Texas Short Form Residential Mortgagee
Policy(T-2R). (Applies to Texas Short Form Residential Mortgagee Policy(T-2R)only. Separate exceptions 1 through 8
of this Schedule B do not apply to the Texas Short Form Residential Mortgagee Policy(T-2R).
10. The following matters and all terms of the documents creating or offering evidence of the matters (We roust insert matters
or delete this exception.):
a. 20' utility easement across rear of property; 20' utility easement centered along the northwesterly line of the
subject parcel adjoining Lot 10; 15'building line across rear of property;7.5'building line along interior lot
lines, and any and all easements as reserved on plat recorded in Volume 2855,Page 149,Official Records of
Brazos County, Texas, and as shown on a survey made by James M. Ewing, RP.L.S. No. 4892, dated
September 7,2005,and revised on February 9,2006.
b. This policy does not insure title to any oil, gas and/or minerals, in, on, and under the property herein
described.
c. The tax certificate furnished by the taxing authorities is on real property only; it does not include mineral or
personal property. Therefore,no liability is assumed herein for the payment of said mineral and/or personal
property taxes.
d. Reciprocal Easements executed by and between John Cecil Culpepper, Jr. and Jerry J.Moore, et ux, dated
July 29, 1988, recorded in Volume 1068, Page 382, Official Records of Brazos County, Texas. (as to Tract
Two only)
e. *Mineral Deed executed by First American Bank to Keith IL Kuttler, Truman Allen and William C.
Atkinson, Co-Trustees of Stephanie Lynn Adam Malechek 1995 Trust, dated August 1, 1995, recorded in
Volume 2454,Page 158,Official Records of Brazos County,Texas.(as to Tract One only)
f. *Mineral reservation contained in Deed executed by First American Bank, Bryan, Texas to Kensington
Place, L.C., dated September 9, 1994, recorded in Volume 2219, Page 244, Official Records of Brazos
County,Texas.(as to Tract One only)
*Title to said interest has not been investigated subsequent to the date of the aforementioned instrument.
g. Consequences,if any,of the failure to properly record a replat of the insured property and/or consequences,
if any,resulting from the failure to comply with the platting ordinance of the City of College Station.
Ticor Title Insurance Company Page 2
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
Exceptions in Schedule B of the Policy,unless you dispose of these matters to our satisfaction,before the date the Policy is issued:
1. Documents creating your title or interest must be approved by us and must be signed,notarized and filed for record.
2. 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 from the land,
e. (on a Mortgagee Policy only)restrictions have not been and will not be violated that affect the validity and priority
of the insured mortgage.
3. You must pay the seller or borrower the agreed amount for your property or interest.
4. 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.
5. We will require tax certificates on the subject property showing all taxes paid up to and including the year 2005.
6. Obtain and file for record a partial release of Deed of Trust executed by Mary Lake Realty Company,a Texas
Corporation to Timothy N.Bryan,Trustee for the benefit of The First National Bank of Bryan,dated March 10,2003,
recorded in Volume 5164,Page 236,Official Records of Brazos County,Texas.(in the amount of$570,000.)
7. Obtain and file for record a Warranty Deed from John C.Culpepper,HI to Mary Lake Realty,Ltd.as to that portion
of Lot lOR to be conveyed to Buyer in this transaction.
8. Obtain and file for record a Deed from Mary Lake Realty Company,a Texas Corporation,executed by its president
or vice president under authorization of a duly adopted resolution of its Board of Directors,as required by Art.5.08
and 5.09 of the Business Corporation Act,vesting title in Mary Lake Realty,Ltd.as Seller in this transaction. A
certified copy of the resolution must be submitted for approval.(as to that portion of Lot 11 to be conveyed)
9. We will require a Certificate of Good Standing/Evidence of Corporate Status from the Comptroller of Public
Accounts,Secretary of State of Texas,as to Mary Lake Realty Company,a Texas Corporation.
10. Verify the status of Mary Lake Realty,Ltd.,whether it is incorporated,a limited liability company,a partnership or
single proprietorship,acting under an assumed name,and submit information to examiner so that further
requirements may be made,OR,Company must ascertain the nature of the Mary Lake Realty,Ltd.,entity and
require the appropriate documents to support the instant transaction.
11. Verify the status of CA New Plan Assets,L.P.,whether it is incorporated,a limited liability company,a partnership or
single proprietorship,acting under an assumed name,and submit information to examiner so that further
requirements may be made,OR,Company must ascertain the nature of the CA New Plan Assets,L.P.,entity and
require the appropriate documents to support the instant transaction.
Lawyers Title Insurance Corporation Page 1
Continuation of Schedule C G.F.No.S29021
12. Note to all Buyers,Sellers,Borrowers,Lenders and all parties interested in the transaction by this Commitment. The
following constitutes major changes in the procedures and requirements for disbursement of funds by the Title Agent
pursuant to this transaction: Effective August 1,1998,the State Board of Insurance has adopted Procedural Rule P-
27 which requires that "Good Funds" be received and deposited before a Title Agent may disburse from its trust fund
account. The term"Good Funds" is defined as:
(1)Cash or wire transfers; (2)Certified funds,including certified checks and cashier's checks; (3)Uncertified funds
from amounts less than$1,500.00,including checks,traveler's checks,money orders and negotiable orders of
withdrawal;provided multiple items shall not be used to avoid the$1,500.00 limitation; and(4)Uncertified funds in
amounts of$1,500.00 or more,drafts and any other items when collected by the financial institution.
Countersigned
Lawyers Title Company of Brazos County
By
Authorized Countersignature
Lawyers Title Insurance Corporation Page 2
COMMITMENT FOR TITLE INSURANCE
SCHEDULE D
G.F.No.or File No. S29021 Effective Date:July 3,2006, 7:00 am
Pursuant to the requirements of Rule P-21,Basic Manual of Rules,Rates and Forms for the writing of Title Insurance in the State of
Texas,the following disclosures are made:
1. The following individuals are directors and/or officers,as indicated,of the Title Insurance Company issuing this Commitment
President and Chief Operating Officer Directors Directors
Janet A. Alpert Janet A.Alpert William H.Goodwyn,Jr.
Secretary Kenneth Astheimar Russell W.Jordan,III
John M. Carter G.William Evans Charles W.Keith
Senior Vice President,Treasurer Charles H.Foster,Jr.
and Chief Financial Officer
G.William Evans
2. THE FOLLOWING DISCLOSURES ARE MADE BY THIS TITLE INSURANCE AGENT ISSUING THIS
COMMITMENT:
SHAREHOLDER,PRESIDENT&DIRECTOR: JAY DON WATSON
SHAREHOLDER,VICE PRESIDENT&DIRECTOR: BILLY M.PAYNE
SHAREHOLDER,VICE PRESIDENT, SECRETARY,TREASURER&DIRECTOR: WALTER S CAMPBELL
SHAREHOLDER,VICE PRESIDENT&DIRECTOR: LOUIS A.MALECHEK III
3 You are entitled to receive advance disclosure of settlement charges in connection with the proposed transaction to which this
commitment relates. Upon your request,such disclosure will be made to you.Additionally,the name of any person,firm or
corporation receiving any sum from the settlement of this transaction will be disclosed on the closing or settlement statement.
You are further advised that the estimated title premium}is:
Owners Policy $1,489.00
Mortgagee Policy $0.00
Total $1,489.00
Of this total amount: 15%will be paid to the policy issuing Title Insurance Company: 85%will be retained by the issuing
Title Insurance Agent;and the remainder of the estimated premium will be paid to other parties as follows:
Amount To Whom For Services
35.00% Lawrence J.Haskins Closing Services
`The estimated premium is based upon information furnished to us as of the date of this Commitment for Title
Insurance. Final determination of the amount of the premium will be made at closing in accordance with the Rules and Regulations
adopted by the State Board of Insurance.
This commitment is invalid unless the insuring provisions and Schedules A,B,and C are attached
Lawyers Title Insurance Corporation Page 1
DELETION OF ARBITRATION PROVISION
(Not Applicable to the Texas Residential Owner Policy)
ARBITRATION is a common form of alternative dispute resolution. It can be 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 take the Title Company to
court and your rights to discovery of evidence may be limited in the arbitration process. In 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$1,000,000 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 form
and returning it to the Company at or before the Closing of your real estate transaction or by writing to the Company.
The Arbitration provision in the Policy is as follows:
"Unless prohibited by applicable law or unless this arbitration section is deleted by specific provision in Schedule B 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 are 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
$1,000,000 or less SHALL BE 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$1,000,000 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 for
arbitration is made or,at the option of the Insured,the Rules in effect at the Date of Policy shall be binding upon the parties.
The award may include attorneys'fees only if the laws of the state in which the land is located permit a court to award
attorneys'fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s)may be 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.
Signature Date
Lawyers Title Insurance Corporation Page 1
Lawyers Title Insurance Corporation
Premium Amount Rate Rules Property County Liability at
Type Code Reissue Rate
1 2 3 4 5 6 7 8
$1,489.00 1000 41
SCHEDULE A, CONTINUED
GF# 700458 -M
Commitment No. 44-903-80- 700458
2. The interest in the land covered by this Commitment is:
FEE SIMPLE
3. Record title to the land on the Effective Date appears to be vested in:
CFP I, L.P.
SEE REQUIREMENTS AS SET OUT IN ITEM NOS. 6 AND 7 UNDER SCHEDULE C
4. Legal description of the land:
BEING a portion of Parcel I and II, Block B, CULPEPPER PLAZA, a resubdivision
of LOTS 1 & 2, BLOCK "A" & BLOCK "B", CULPEPPER PLAZA ADDITION, an addition to
the City of College Station, Brazos County, Texas, according to the Plat
recorded in Volume 338, Page 467, Deed Records of Brazos County, Texas.
SEE REQUIREMENT AS SET OUT IN ITEM NO. 5 UNDER SCHEDULE C
INIMILIOMMm
2002CMA2
0
SCHEDULE A, CONTINUED
GF# 700458 -M
Commitment No. 44-903-80- 700458
2. The Interest in the land covered by this Commitment is:
FEE SIMPLE
3. Record title to the land on the Effective Date appears to be vested in:
CFP I, L.P.
SEE REQUIREMENTS AS SET OUT IN ITEM NOS. 6 AND 7 UNDER SCHEDULE C
4. Legal description of the land:
-t
BEING a portion of Parcel I and II, Block Be CULPEPPER PLAZA, a resubdivision
of LOTS 1 & 2, BLOCK "A" & BLOCK "B", CULPEPPER PLAZA ADDITION, an addition to
the City of College Station, Brazos County, Texas, according to the Plat
recorded in Volume 338, Page 457, Deed Records of Brazos County, Texas.
SEE REQUIREMENT AS SET OUT IN ITEM NO. 5 UNDER SCHEDULE C
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12/04/06 16:49 FAX 979 776 23 LAWYERS TITLE 10O3
Official R= ords of Brazos County, Texas.
3. Financing S+ atement from CenterAmerica Property Trust, L.P. to Bank United
and Washin.. on Mutual Bank, FA, recorded on March 14, 2002 in Volume 4528,
Page 235, •mficial Records of Brazos County, Texas.
4. Financing .tatement from CFP I, L.P. , nka CA New Plan Floating Rate
Partnershi•, L.P. , to Wells Fargo Bank Minnesota, N.A. , recorded on April
9, 2002, Volume 4565, Page 80, Official Records of Brazos County,
Texas.
5. Agreement N-garding Extension of Maturity Date, dated July 1, 2002, by and
among CA N:w Plan Floating Rate Partnership, L.P. , and Wells Fargo Bank
Minnesota, .A. as Trustee for the holders of Morgan Stanley Dean Witter
Capital I, nc. Commercial Mortgage Passthrough Certificates Series 2000-
XLF, recor.ed in Volume 4704, Page 28, Official Records of Brazos County,
Texas.
6. Release of Deed of Trust (full) , dated March 25, 2003, from Wells Fargo
Bank Minne:•ta, N.A. , for Morgan Stanley Dean Witter Capital I, Inc. , and
Midland Loan Services, Inc. to CFP I, L.P. , as assignor to Secore
Financial corporation, recorded in Volume 5196, Page 73, Official Records
of Brazos •.unty, Texas.
7. Release of Assignment of Leases and Rents, dated March 25, 2003, from
Wells Farg• Bank Minnesota, N.A. , for Morgan Stanley Dean Witter Capital
I, Inc. , . .d Midland Loan Services, Inc. to CFP I, L.P. , as assignor to
Secore Fin-ficial Corporation, recorded in Volume 5196, Page 117, Official
Records of :razos County, Texas.
8 . Financing .tatement from CFP I, L.P. , to Morgan Stanley Dean Witter
Mortgage C.pital, Inc. , recorded on April 3, 2003, in Volume 5210, Page
58, Offici- Records of Brazos County, Texas.
9. Financing 'tatement from Steak & Ale of Texas, Inc. , to Wells Fargo Bank
Minnesota, .A. as Indentured Trustee of Captoc Franchise Loan Trust 1998-
I, recorde. on April 24, 2003, in Volume 5250, Page 104, Official Records
of Brazos county, Texas.
10. Financing .tatement from S & A Leased Properties SPE 2, LLC, to Wells
Fargo Bank Minnesota, N.A. as Indentured Trustee of Captoc Franchise Loan
Trust 1998 I, recorded on April 24, 2003, in Volume 5250, Page 107,
Official R:cords of Brazos County, Texas.
11. Financing -tatement from First-in-Line, Inc./ CiCi's Pizza to Bank One NA,
as Truster- under the Pooling and Servicing Agreement dated 11/1/97,
recorded o. June 12, 2003 in Volume 5362, Page 264, Official Records of
Brazos Co ty, Texas.
12. Financing .tatement from SAS Trading Company, L.L.C. to First American
Bank, SSB, recorded on September 12, 2003 in Volume 5600, Page 244,
Official R=cords of Brazos County, Texas.
13. Affidavit claiming Mechanic's and Materialman' s Lien from Billy Haehnel of
Blitz Sery ce & construction, to CFP I, L.P. , dated November 12, 2003, in
the amount of $4,900.03, recorded in Volume 5724, Page 79, Official
Records of Brazos County, Texas.
FILE NO. M-1642
12/04/06 16:49 FAX 979 776 23' LAWYERS TITLE a004
14. Abstract of Judgment, Cause No. 04-000043-CV-361, styled CA New Plan Asset
Partnership IV, LP as Plaintiff, vs. Yves Duguay and Kathy Duguay as
Defendants, recorded on June 14, 2004 in Volume 6104, Page 245, Official
Records of :razos County, Texas.
15. Abstract of Judgment, Cause No. 04-000043-CV-361, styled CA New Plan Asset
Partnership IV, LP as Plaintiff, vs. Kathy Duguay and Yves Duguay as
Defendants, recorded on June 14, 2004 in Volume 6104, Page 246, Official
Records of :razos County, Texas.
16. Abstract a Judgment, Cause No. 04-000053-CV-361, styled CA New Plan
Floating R.te Partnership, LP as Plaintiff, vs. Yves Duguay and Kathy
Duguay as ,efendants, recorded on June 14, 2004 in Volume 6106, Page 68,
Official R= ords of Brazos County, Texas.
17. Abstract o Judgment, Cause No. 04-000053-CV-361, styled CA New Plan
Floating R.te Partnership, LP as Plaintiff, vs. Yves Duguay and Kathy
Duguay as 'efendants, recorded on June 14, 2004 in Volume 6106, Page 69,
Official R_ ords of Brazos County, Texas.
18. Abstract o Judgment, Cause No. 04-000044-CV-272, styled CA New Plan
Floating Rte Partnership, as Plaintiff, vs. John Wick as Defendant,
recorded o July 20, 2004 in Volume 6184, Page 142, Official Records of
Brazos Co y, Texas.
19. Terminatio of Memorandum of Lease dated November 19, 2004, from CA New
Plan Texas Assets, L.P. to Safeway Inc. , and Appletree Markets 39, Inc. ,
recorded i. Volume 6406, Page 129, Official Records of Brazos County,
Texas.
20. Abstract o Judgment, Cause No. 04-000945-CV-CCL1, styled CA New Plan
Floating R. e Partnership, L.P. , as Plaintiff, vs. Harold D. Williamson as
Defendant, recorded on March 16, 2005 in Volume 6566, Page 83, Official
Records of Brazos County, Texas.
21. Assumed Na.e Certificate from John C. Culpepper III, dated April 10, 2006,
recorded i Volume 7252, Page 59, Official Records of Brazos County,
Texas.
22. Utility Ea-ement executed by CA New Plan Texas Assets, L.P. to the City of
College St•tion, Texas, dated May 1, 2006, recorded in Volume 7327, Page
238, Offic al Records of Brazos County, Texas.
23. Abstract o. Judgment, Cause No. 06-001270
24. Abstract o Judgment, Cause No. 06-001270-CV-CCL2, styled CA New Plan
Texas Asses, L.P. , as Plaintiff, vs. Cuc Thu Do as Defendant, recorded on
November 10, 2006 in Volume 7682, Page 262, Official Records of Brazos
County, Te as.
NO TAX INFORMATI.N IS FURNISHED BY THE COMPANY, AND NO LIABILITY IS ASSUMED
HEREIN WITH RE '. TO AD VALOREM, MINERAL AND/OR PERSONAL PROPERTY TAXES.
FILE NO. M-1842
12,04/06 16:49 FAX 979 776 23 LAWYERS TITLE a005
THIS CERTIFICATE =S FOR INFORMATIONAL PURPOSES ONLY AND THE INFORMATION CONTAINED
HEREIN SHALL NOT EE RELIED ON THE ISSUANCE OF ANY TITLE INSURANCE POLICY. IN THE
EVENT THERE ARE IIEN SHOWN HEREIN, THE UNDERSIGNED MAKES NO REPRESENTATIONS TO
THE STATUS OF ANY EXISTING LIENS.
THE LIABILITY OF.LAWYERS TITLE COMPANY OF BRAZOS COUNTY IN THIS CONNECTION IS
LIMITED TO $200.00, BEING THE CHARGE MADE FOR THIS CERTIFICATE.
WITNESS OUR SAND AND CORPORATE SEAL AT BRYAN, TEXAS, THIS THE 4TH DAY OF
DECEMBER, 2006.
LAWYERS TITLE COMPANY OF BRAZOS COUNTY
I / , '
BY:
ST*, OUNG, xaminex/ Abstract
FILE NO. M-1842 •
_ 160458-M O6c3
1/28 Inb
V:111,(04.
GF#: 2106-01344-FKS Commitment I\ 4-903-80-700458
'4@�y��.Yh�i..__ _ �:2 2S.�J-:Se+L�%7:. IIis` .`4`..'rS�C�L'..�5'. C,— - µvi .. - ` a-, 3Y..':C aim. GT:'_•J'CS%
tete,. Issued: July 28,2006 i,
II �g qq Effective: July 6,2006 In
b THE LLOWING COMMITMENT FOR TITLE INSURANCE IS NOT VALID UNLESS YOUR 141,1
eK, NAME AND THE POLICY AMOUNT ARE SHOWN IN SCHEDULE A, AND OUR AUTHORIZED I-2;'� REPRESENTATIVE HAS COUNTERSIGNED BELOW. ;
01,1
'Ail 1
COMMITMENT FOR TITLE INSURANCE Fig
ISSUED BY
xi h
y CHICAGO 'TITLE INSURANCE COMPANY i
A
,{
We,Chicago Title Insurance Company.will issue our title insurance policy or policies(the Policy)to You(the
i•
mj proposed insured) upon payment of the premium and other charges due, and compliance with the requirements in 1.:3i Schedule B and Schedule C. Our Policy will be in the form approved by the Texas Department of Insurance at the date
I
,1 of issuance,and will insure your interest in the land described in Schedule A. The estimated premium for our Policy h i
and applicable endorsements is shown on Schedule D. There may be additional charges such as recording fees.and
'Ii expedited delivery expenses. t
i`
ivid This Commitment ends ninety(90)days from the effective date,unless the Policy is issued sooner.or failure to
I- issue the Policy is our fault. Our liability and obligations to you are under the express terms of this Commitment and l'=�1
-4,' end when this Commitment expires.
1
i
IKOHLS—COLLEGE STATION
COLLEGE STATION,BRAZOS COUNTY,TEXAS il
I I
SI Chicago Title Insurance Company
1 2001 Bryan Street
Suite 1700 P.
1 Dallas,Texas 75201
111
PH: (214)965-1686 CHICAGO TITLE INSURANCE COMPANY 15••
ti; FX: (214)965-1622
i Attn: Kay Starkey f �� i
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11
r, -� t t
` p 1.W
:`:•F , ATTEST �.
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" ray jr
'Authorized Signato '3:w., .i� y , ;
-.;;;74,:ii- ,',P _Yd74( Zici___________
•
��_v-,„,. as'c,:_ .a:s .on"-..an'fi-` _- _ �¢ro:F -t. �^-+ -X'�--'h. �.4% - _+' "-.s{ST,6 d^3* .
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Reorder Form No.8287(Reprinted 04102) Commitment For Title Insurance(T-7)
•
SCHEDULE A
GF# 700458 -14
Commitment No. 44-903-80- 700458 Issued July 28, 2006 8:00 AM
Commitment Effective Date: July 6, 2006
. The policy or policies to be issued are:
(a) Form T-1:OWNER POLICY OF TITLE INSURANCE (widapplicable
pll cabl leal foresimproved one-to-four family
Policy Amount: $9eo,000.00
Proposed Insured:
KOHL'S TEXAS, L.P.
(b) Form T-1R:TEXAS RESIDENTIAL OWNER POLICY OF TITLE INSURANCE ONE-TO-FOUR FAMILY
RESIDENCES
Policy Amount:
Proposed Insured:
(e) Form T-2:MORTGAGEE POLICY OF TITLE INSURANCE
Policy Amount: •
Proposed Insured:
Proposed Borrower:
(d)Form T-2R TEXAS SHORT FORM RESIDENTIAL MORTGAGEE POLICY OF TITLE INSURANCE
Policy Amount:
Proposed Insured:
Proposed Borrower:
(e) Form T-13 MORTGAGEE TITLE POLICY BINDER ON INTERIM CONSTRUCTION LOAN
Binder Amount:
Proposed Insured:
Proposed Borrower:
(f)OTHER
Policy Amount:
Proposed Insured:
zo0ICOMA
1./04/06 16:48 FAX 979 776 2' LAWYERS TITLE
LAWYERS TITLE COMPANY
OF BRAZOS COUNTY
1673 BRIARCREST DRIVE,SUITE I04B
BRYAN,TEXAS 77802
(979)779-1221
FAX(979)776-2383
NOTHING FURTHER CERTIFICATE
DATE: DEC D ':ER 4, 2006 FILE NO: M-1843
TO: Jena fer Barr
Mitc,ell & Morgan
511 lniversity Drive East
Suit 204
Coll ge Station, TX 77840
PH. 79-260-6063
FAX 79-260-3564
NAMES: CA W PLAN TEXAS ASSETS, L.P., CFP I LP, (CULPEPPER PLAZA ADDITION,
PARC=LS I & II)
LEGAL DESCRIPTIO :
Being Lots 5, 6, 10R-2, 11R, 13 and 14, Block B, CULPEPPER PLAZA ADDITION, an
addition to the lity of College Station, Brazos County, Texas, according to the
Replat of Parcel- I & II, Lots lOR & 11 of Block B, CULPEPPER PLAZA ADDITION,
recorded in Vol e 7692, Page 177, Official Records of Brazos County, Texas.
TITLE (FOR LOTS 6, 13 & 14 [replatted from Parcel I & II] , Block B) appears
to be vested in CA NEW PLAN TEXAS ASSETS, L.P. (Name changes evidenced by
various document: filed for Public Record, f/k/a CA NEW PLAN FLOATING RATE
PARTNERSHIP, L. ". , and CFP I, LP) , by virtue of a warranty deed from
CenterAmerica Pr.Terty Trust L.P. to CFP I, L.P. , dated June 20, 2000, recorded
in Volume 3851, *age 30, Official Records of Brazos County, Texas.
THE ABOVE NAMES AND LEGAL DESCRIPTION WAS SEARCHED FOR DEEDS, DEEDS OF TRUST,
MECHANICS LIENS, JUDGMENTS, FEDERAL TAX LIENS, STATE TAX LIENS, AND ALL OTHER
FILINGS IN THE O-FICIAL RECORDS WHICH WOULD AFFECT TITLE, FROM MARCH 1, 2002 TO
NOVEMBER 17, 20.6, AT 7:00 AM AND WE FIND NO OTHER ACTIONS OR CONVEYANCE
AFFECTING THE ITLE TO SAID LAND (SPECIFICALLY EXCLUDING ANY CONVEYANCES
RESPECTING MINE•- ESTATES) FROM MARCH 1, 2002, EXCEPT THE FOLLOWING:
1. Memorand of Consent to Transfer Interests in Borrower, CFP I, L.P. , CFP,
Inc. , CFP enture I, L.P. , CA New Plan Floating Rate SPE, Inc. , and Wells
Fargo B- Minnesota, N.A. , dated March 1, 2002, recorded in Volume 4515,
Page 94, 0. ficial Records of Brazos County, Texas.
2. Release of Lien, March 5, 2002, to CenterAmerica Property Trust, L.P. ,
from Wash ngton Mutual Bank, FA, recorded in Volume 4528, Page 204,
FILE NO. M-1642
GF# 700458- M
Commitment No. 44-903-80-700458
SCHEDULE B
EXCEPTIONS FROM COVERAGE
In addition to the Exclusions and Conditions and Stipulations, your Policy will
not cover loss, costs, attorney's fees, and expenses resulting from:
a 1. The following restrictive covenants of record itemized below (We must
either insert specific recording data or delete this exception_) :
Plat: Volume 338, Page 467, Deed Records of Brazos County, Texas, but
omitting any covenant or restriction based on race, color, religion, sex,
handicap, familial status or national origin unless and only to the extent
that said covenant (a) is exempt under Chapter 42, Section 3607 of the
United States Code or (b) relates to handicap but does not discriminate
against handicapped persons.
2. Any discrepancies, conflicts, or shortages in area or boundary lines, or
any encroachments, or protrusions, or any overlapping of improvements.
3. Homestead or community property or survivorship rights, if any, of any
spouse of any insured. (Applies to the Owner Policy only.)
4. 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, bays, gulfs or oceans, or
b. to lands beyond the line of the harbor or bulkhead lines as established
or changed by any government, or
c. to filled-in lands, or artificial islands, or
d. to statutory water rights, including riparian rights, or
• e. to the area extending from the line of mean low tide to the line of
vegetation, or the rights of access to that area or easement along and
across that area.
(Applies to the Owner Policy only.)
L 5. 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 Tax
Code, 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 2006 and subsequent years. ")
o 6. The terms and conditions of the documents creating your interest in the
land.
7. Materials furnished or labor performed in connection with planned
construction before signing and delivering the lien document described in
Schedule A, if the land is part of the homestead of the owner. (Applies to
GF# 7C0458 Page 1
Commitment No. 44-903-80-700458
SCHEDULE B (continued)
the Mortgagee Title Policy Binder on Interim Construction Loan only, and
may be deleted if satisfactory evidence is furnished to us before binder
is issued.)
Q 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.)
r 9. The Exceptions from Coverage and Express Insurance in Schedule B of the
Texas Short Form Residential Mortgagee Policy (T-2R) . (Applies to Texas
Short Form Residential Mortgagee Policy (T-2R) only.) Separate
exceptions 1 through 8 of this Schedule B do not apply to the Texas Short
Form Residential Mortgagee Policy (T-2R) .
L 10. The following matters and all terms of the documents creating or offering
evidence of the matters (We must insert matters or delete this
exception.) :
ITEM NOS. 11 THROUGH 19, INCLUSIVE
AN 11. Title to all the coal, lignite, oil, gas and other minerals in, under and
that may be produced from the land, together with all rights, privileges
and immunities relating thereto.
AV 12. Rights of tenants in possession, as tenants only, under unrecorded lease
agreements.
AW 13. Visible and apparent easements not of record on or across the property
herein described.
AX 14. Any portion of the property described herein within the limits or
boundaries of any public or private roadway and/or highway.
AO 15. 30' building line along the Southeasterly lot line, and any and all
easements as reserved on plat recorded in Volume 338, Page 467, Deed
Records of Brazos County, Texas.
AP 16. Declaration of Party Wall from John C. Culpepper, Jr. and wife, Mary Anne
Culpepper, to the Public, dated October 1, 1979, recorded in Volume 435,
Page 1, Deed Records of Brazos County, Texas.
no 17. Declaration of Reciprocal Easements from John C. Culpepper, Jr. and wife,
Mary Anne Culpepper, to the Public, dated October 1, 1979, recorded in
Volume 435, Page 8, Deed Records of Brazos County, Texas.
AR 18. Access Easement Agreement executed by and between Jerry J. Moore and
wife, Jean H. Moore, and John C. Culpepper, Jr. dated July 29, 1988,
recorded in Volume 1068, Page 370, Official Records of Brazos County,
Texas.
ns 19. Mineral reservation contained in Deed executed by John C. Culpepper, Jr.
GF# 700458 Page 2
Commitment No. 44-903-80-700458
SCHEDULE B (continued)
and wife, Mary Anne Massengale Culpepper to Jerry J. Moore and wife, Jean
H. Moore, dated July 29, 1988, recorded in Volume 1068, Page 362,
Official Records of Brazos County, Texas.
Title to said interest has not been investigated subsequent to the date
of the aforementioned instrument.
GF4# 700458 - M
Commitment No. 44-903-80-700458
SCHEDUT F C
Your Policy will not cover loss, costs, attorney's fees, and expenses resulting
from the following requirements that will appear as Exceptions in Schedule B
of the Policy, unless you dispose of these matters to our satisfaction, before
the date the Policy is issued:
z 1. Documents creating your title or interest must be approved by us and must
be signed, notarized and filed for record.
AA 2. Satisfactory evidence must be provided that:
- no person occupying the land claims any interest in that land against
the persons named in paragraph 3 of Schedule A,
- all standby fees, taxes, assessments and charges against the property
have been paid,
- 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,
- there is legal right of access to and from the land,
- (on a Mortgagee policy only) restrictions have not been and will not be
violated that affect the validity and priority of the insured mortgage.
AB 3. You must pay the seller or borrower the agreed amount for your property
or interest.
nc 4. 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.
w 5. Furnish for inspection and approval a current staked perimeter survey,
supported by field notes, by a duly licensed surveyor, acceptable to this
Company, certifying as to its correctness, and locating thereon all
property lines, improvements, fences, easements and rights-of-way,
overlaps, shortages and encroachments affecting the subject property.
When we have been furnished said survey and approved it, we will redraft
the legal description to conform to the survey legal.
AY 6. The Vesting Deed recorded in Volume 3851, Page 30, Official Records,
Brazos County, Texas, shows the subject property deeded into CFP I, L.P.
by CenterAmerica Property Trust, L.P. We find no Deed into CenterAmerica
Property Trust, L.P. , with the last Deed in the Chain-of-Title being from
Jerry J. Moore and wife, Jean H. Moore to Bellaire Capital Partnership,
L.P., recorded in Volume 2284, Page 155, official Records, Brazos County,
Texas.
We require Bellaire Capital Partnership, L.P. to execute a Warranty Deed
to CenterAmerica Property Trust, L.P.
nn 7. There is recorded evidence that the entity currently shown as vested in
Title has changed its name to CA New Plan Floating Rate Partnership,
GF# 700458 Page 1
Commitment No. 44-903-80-700458
SCHEDULE C (continued)
113=1111.1111101011111 IIIIMPOPOMMOMMOINIMMOIR
L.P., by virtue of a UCC document filed for record in Volume 4565, Page
80, Official Records of Braze County, Texas.
Company will require documentation evidencing said name change be filed
for record in the Brazos County Clerk's Office at or prior to closing.
a 8. CFP I, L.P. is a limited partnership. Secure the following and return
to the examination department for review and possible additional
requirements:
A) A copy of the executed partnership agreement and all amendments
thereto for examination and approval.
B) Certificate from the Secretary of State of origin showing that
said limited partnership has been properly registered.
C) Properly executed instruments from all of the general partners
authorized to execute same as provided in the partnership
agreement.
DD 9. Except in an exempt transaction, the Company must be furnished with
seller's social security number or tax identification number and all
other information necessary to complete IRS Form 1099B.
GF# 700458 Page 2
Commitment No. 44-903-80-700458
SCHEDULE C (continued)
Chicago Title Insurance Company
Affiliated Business Arrangement Disclosure Statement
Date:
To: CFP I, L.P.
Re: NEC HARVEY RD & TEXAS AVENUE, COLLEGE STATION, Texas
This is to give you notice that Chicago Title Insurance Company ("Title") has a
business relationship with Fidelity National Information Solutions, Inc.
("FNIS") and its subsidiaries. Title is owned 100% by Fidelity National
Financial, Inc. ("FNF") , which also owns 80% of FNIS. FNIS owns 100% of
National TaxNet, the settlement service provider to which you have been
referred. Because of this relationship, this referral may provide Title or FNF
with a financial or other benefit.
Set forth below is the estimated charge or range of charges for the settlement
services listed. You are NOT required to use the listed providers as a
condition for the consummation of the transaction involving the
above-referenced property. There are frequently other settlement service
providers available who offer similar services. You are free to shop around to
determine that you are receiving the best services and the best rate for these
services.
Provider of settlement services: Range of charges:
National TaxNet $22.50 to $59.75
excluding sales tax
Acknowledgment
I/We have read this disclosure form and understand that Title is referring
ea
me/us to purchase the above-described settlement services and may
financial or other benefit as the result of this referral.
CFP I, L.P.
GF# 700458-M
Commitment No. 44-901-80-700458
SCHEDULE D
1. Disclosure of CHICAGO TITLE INSURANCE COMPANY,a Missouri Corporation
a. The Shareholders owning or controlling,directly or Indirectly,ten (10%),or more of the shares of
Chicago Tide Insurance Company:CHICAGO TITLE AND TRUST COMPANY,an Illinois corporation
b. The names of the Directors of Chicago Title Insurance Company:
Christopher Abbinante Ronald R.Maudsley Erika Meinhardt
Raymond R.Quirk Burton J.Rain Ernest D.Smith
Alan L.Stinson Patrick F.Stone Frank P.Willey
c. The names of the president,the executive or senior vice-president,the secretary and the treasurer of
Chicago Title insurance Company:
Chairman of the Board,President and Chief Executive Officer Patrick F.Stone
Senior Vice President and Manager,Eastern Division Christopher Abbinante
Vice President and Corporate Secretary Fernando Velez,Jr.
Vice President and Treasurer Patrick G.Farenga
A3 2. "You are entitled to receive advance disclosure of settlement charges in
connection with the proposed transaction to which this commitment relates.
Upon your request, such disclosure will be made to you. Additionally, the
name of any person, firm or corporation receiving any sum from the
settlement of this transaction will be disclosed on the closing or
settlement statement".
"You are further advised that the estimated title premium* is:
Owners Policy $ 5,729.00
Mortgagee Policy $
Endorsement Charges $
Total $ 5,729.00
of this total amount: (or%) will be paid to the policy issuing Title
Insurance Company; (or%) will be retained by the issuing Title Insurance
Agent; and the remainder of the estimated premium will be paid to other
parties as follows;
AMOUNT TO WHOM FOR SERVICES
35% LAWYERS TITLE CO. TITLE EVIDENCE
"*The estimated premium is based upon the information furnished to us as
of the date of this Commitment for Title Insurance. Final determination
of the amount of premium will be made at closing in accordance with the
rules and regulations adopted by the State Board of Insurance."
l93COMD
GF No. 700458-M
DELETION OF ARBITRATION PROVISION
(Not applicable to the Texas Residential Owner Policy)
ARBITRATION is a common form of alternative dispute resolution. It can be 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 take the Title Company to court
and your rights to discovery of evidence may be limited in the arbitration process.
In 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 $1,000,000 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 form and returning it to the Company at
or before the closing of your real estate transaction or by writing to the Company.
The Arbitration provision in the Policy is as follows:
"Unless prohibited by applicable law or unless this arbitration section is
deleted by specific provision in Schedule B of this policy, either the Company
or the Insured may be deemed arbitration pursuant to the Title Insurance
Arbitration Rules of the American Arbitration Association. Arbitrable matters may
include, but are not limited to, any controversy or claim between the Company and
the Insured arising out of or relating to this Policy, 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 $1,000,000 or
less SHALL BE 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 $1,000,000 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 for arbitration is made
or, at the option of the Insured, the rules in effect at the Date of Policy shall be
binding upon the parties. The award may include attorney's fees only if the laws of
the state in which the land is located permit a court to award attorneys' fees to a
prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be
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.
Date
Date
•
TEXAS TITLE INSURANCE INFORMATION
Title insurance insures you against loss resulting from certain risks to your title.
The commitment for Title Insurance is the title insurance company's promise to issue the title insurance policy.
The commitment is a legal document. You should review it carefully to completely understand it before your
closing date.
EI seguro de titulo le asegura en relacit n a perdidas resultantes de ciertos riesgos que pueden afectar el titulo
de so propiedad.
El Compromiso para Seguro de Titulo es la promesa de la campanili aseguradnra do titulo+de emitir la pblir.a
de seguro de titulo. El Compromiso es un documento legal. tasted dehe Iccrin euidadosamente y entenderlo
completamente antes de Ia fecha para finalizar su Iransaccidn.
li
Your Commitment for Title Insurance is a legal contract hem ecn you and us. The Commitment is not an(pinion or
report of your title. it is a contract to issue you a policy subject to the Commitment's terms and requirements.
Before issuing a Commitment for Title Insurance tthe Commitment i or a'Title Insurance Policy t the Polies t.the Title
insurance Company(the Company)determines whether the title is insurahk. This determination has already been
made. Part of that determination involves the Company's decision to insure the title except for certain risks that v.ill
not he covered by the Policy. Some of these risks are listed in Schedule B the attached Commitment as Exceptions.
Other risks are stated in the Policy as Exclusions. 'i'hese risks a ill not he cityercd hs the Policy.
Another part of the determination insolses‘1/4 holier the promise to insure is conditioned upon certain requirements
being met. Schedule C of the Commitment lists these requirements that mush he satisfied or the Company will refuse
to cover them. 'ion may. waist to discuss any matters slktaii in schedules B and('of the Commitment‘x oh an attorney.
These matters will affect your title and your use of the land.
When your policy is issued.the coverage will he limited by the Policy's I_\cclxtt,ns,C:\elusicros mtti Conditions.defined
below.
-EXCEPTIONS are tide risks that a Policy generally covers but does not coyer in a particular instance. Exceptions
are shown on Schedule B or discussed in Schedule C of the Commitment. They can also he added if y on do not comply
with the Conditions section of the Commitment. When the Policy is issued.all Exceptions will be on Schedule B of
the Policy.
-EXCLUSIONS are title risks that a Policy generally dues not cover. Exclusion.are contained in the Policy hut 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 are 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 get a copy of the policy form approved by the State Board of Insurance by calling Chicago Title Insurance
Company at 1-800-442-4303 or by calling the title insurance agent that issued the Commitment, The State Board 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 I-800-252-3439.
Before the Policy is issued,you may request changes in the policy. Some of the changes to consider are:
-Request amendment of the"area and boundary"exception(Schedule B,paragraph 2).To get this
amendment,you must furnish a survey and comply with other requirements of the Company.On the'
Owner Policy,you must pay an additional premium for the amendment.lithe survey is acceptable to
the Company and if the Company's other requirements are met,your Policy will insure you against
loss because of discrepancies or conflicts in boundary lines,encroachments or protrusions,or over-
lapping 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 amendment
of the"area and boundary"exception,you should determine whether you want to purchase and
review a survey if a survey is not being provided to you.
-Allow the Company to add an exception to"rights of panics 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
warn to make your own inspection, you must sign a Waiver of Inspection form and allow the
Company to add this exception to your Policy.
The entire premium for a Policy must be paid when the Policy is issued. You will not owe any additional premiums
unless you want to increase your coverage at a later date and the Company agrees to add an increased Value
Endorsement.
CONDITIONS AND STIPULATIONS
I. If you have actual knowledge of any matter which may affect the title or mortgage covered by this Commitment.
that is not shown in Schedule B,you must notify us in writing.If you do not notify us in writing,our liability to you
is ended or reduced to the extent that your failure to notify us affects our liability. If you do notify us,or we learn of
such matter. we may amend Schedule B.but we will not be relieved of liability already incurred.
2. Our liability.is only to you,and others who are included in the definition of Insured in the Policy to be issued. Our
liability is only for actual loss incurred in your reliance on this Commitment to comply with its requirements or to
acquire the interest in the land. Our liability is limited to the amount shown in Schedule A of this Commitment and
will be subject to the following terms of the Policy: Insuring Provisions,Conditions and Stipulations,and Exclusions.
n
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{ IMPORTANT NOTICE
1 FOR INFORMATION,OR TO MAKE A COMPLAINT CALL OUR TOLL-FREE TELEPHONE NUMBER
1-800-442-4303
ALSO YOU MAY CONTACT THE TEXAS DEPARTMENT OF INSURANCE AT i
1
1-800-252-3439 i
to obtain information on:
I. filing a complaint against an insurance company or agent,
2. whether an insurance company or agent is licensed,
3. complaints received against an insurance company or agent, 1
4. policyholder rights, and
5. a list of consumer publications and services available through the Department.
YOU MAY ALSO WRITE TO THE TEXAS DEPARTMENT OF INSURANCE
P.O. BOX 149104
1 AUSTIN,TEXAS 78714-9104 1
FAX NO. (512)475-1771 1
1
AVISO IMPORTANTE 1
PARA INFORMACION,0 PARA SOMETER UNA QUEJA LLAME AL NUMERO GRATIS 1
1-800-442-4303
TAMBIEN PUEDE COMUNICARSE CON EL DEPARTAMENTO DE SEGUROS DE i'1:,XAS AL
1
1-800-252-3439 i
para obtener informacion sobre:
I. como someter una queja en contra de una compaitia de seguros o agente de seguros, ,
2. si una compania de seguros o agente de seguros tiene licencia,
3. quejas recibidas en contra de una compania de seguros o agente de seguros,
4. los derechos del asegurado.y
5. una lista de publicaciones y servicios para consumidores disponibles a traves del Departamento.
TAMBIEN PUEDE ESCRIBIR AL DEPARTAMENTO DE SEGUROS DE TEXAS
P.O. BOX 149104
AUSTIN,TEXAS 78714-9104
FAX NO. (512)475-1771
12/04/06 16:49 FAX 979 776 238 LAWYERS TITLE e1007
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