HomeMy WebLinkAboutTitle Insurance COMMITMENT FOR TITLE INSURANCE •
• SCHEDULE A
Effective Date: August 19,2008 GF. No. 2019001281
Commitment No.: Not Applicable issued: September 9,2008
(if applicable)
1. 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: TBD
PROPOSED INSURED: Wal-Mart Real Estate Business Trust
(b) TEXAS RESIDENTIAL OWNER POLICY OF TITLE INSURANCE-
ONE-TO-FOUR FAMILY RESIDENCES (Form T-1R)
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) MORTGAGEE 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-TRACT 1,2 and 3-
Easement Estate created by that certain Agreement of Easements with Covenants
and Restrictions Affecting Land Easemen by and between Wal-Mart Properties,
Inc. and Southwood Valley, Inc., dated June 26, 1987, recorded in/under Volume
981, Page 204; amended in'instruments recorded in Volume 1204, Page 471 and
485, and in Second Amendment to Easements with Covenants and Restrictions
Affecting Land dated _, recorded in/under Volume _, Page _ of the Real
Property Records of BRAZOS County,Texas. -TRACT FOUR
Easement Estate created by that certain Dedication of Private Access Easement
Easement, dated December 7, 1987, recorded in/under Volume 1015, Page 717,
and corrected in instrument recorded in Volume 1016, Page 441; amended in
• instrument recorded in Volume 1027, Page 197 of the Real Property Records of
BRAZOS County, Texas, and as set out on the plat recorded In Volume 1006, Page
603 of the Real Property Records of BRAZOS County,Texas. -TRACT FIVE
Easement Estate created by that certain Mutual Ingress and Egress Easement
Agreement by and between Southwood Valley, Inc. and Circle K Convenience
Stores, Inc., dated June 15, 1987, recorded in/under Volume 1027, Page 200 of the , I
Lawyers Title Insurance Corporation Schedule A,Page 1 r
Form T-7: Commitment for Title Insurance
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Continuation of Schedule A Order No.2019001281
Real Property Records of BRAZOS County,Texas. -TRACT SIX
3. Record title to the land on the Effective Date appears to be vested in:
TRACT ONE:ABS TX INVESTOR, LP
TRACT TWO AND TRACT THREE:WAL-MART STORES,INC.
4. Legal description of the land:
See Exhibit A Attached
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Lawyers Title Insurance Corporation Schedule A,Page 2 . i—
Form T-7: Commitment for Title Insurance
Continuation of Schedule A Order No.2019001281
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Exhibit A
TRACT ONE:
Being Lot Four A(4A), Block Fifteen (15),SOUTHWOOD PLAZA, PHASE TWO, an addition to the City of
College Station, Brazos County,Texas, according to the Revised Plat of Lot 4, Block 15, Southwood
Plaza, Phase Two, recorded in Volume 1203, Page 143, Official Records of Brazos County,Texas.
TRACT TWO:
Being Lot Four D (4D)and Lot Four E (4E), Block Fifteen (15), SOUTHWOOD PLAZA, PHASE TWO, an
addition to the City of College Station, Brazos County,Texas, according to the Revised Plat of Lot 4, Block
15, Southwood Plaza, Phase Two, recorded in Volume 1203, Page 143, Official Records of Brazos
County,Texas.
TRACT THREE:
Being Lot Four J (4J)and Lot Four K(4K) Block Fifteen (15), SOUTHWOOD PLAZA SUBDIVISION,
PHASE II, an addition to the City of College Station, Brazos County, Texas, according to the Revised Plat
of Lot 43, Block 15, Southwood Plaza, Phase Two, recorded in Volume 2153, Page 93, Official Records of
Brazos County, Texas.
TRACT FOUR:
Together with non-exclusive easement for ingress&egress pursuant to that Agreement of Easements
with Covenants and Restrictions Affecting Land ("ECR")between Wal-Mart Properties, Inc and Southwood
Valley, Inc, dated June 26, 1987, recorded in Volume 981, Page 204; amended in instruments recorded in
Volume 1204, Pages 471 and 485, all of the Official Records of Brazos County,Texas.
TRACT FIVE:
Together with non-exclusive easement for ingress &egress pursuant to that Dedication of Private Access
Easement dated December 7, 1987, recorded in Volume 1015, Page 717 and corrected in instrument
• recorded in Volume 1016, Page 441; amended in instrument recorded in Volume 1027, Page 197, Official
Records of Brazos County,Texas and as set out on the plat recorded in Volume 1006, Page 603, Official
Records of Brazos County,Texas.
TRACT SIX: •
Together with non-exclusive easement for ingress &egress pursuant to that Mutual Ingress and Egress
• • Agreement by and between Southwood Valley, Inc. and Circle K Convenience Stores, Inc. dated June 15,
1987, recorded in Volume 1027, Page 200, Official Records of Brazos County,Texas.
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Lawyers Title Insurance Corporation Schedule A,Page 3 b
Form T-7: Commitment for Title Insurance
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Order No.:2019001281
• 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 1203, Page 143;Volume 2153, Page 93, Official Records of Brazos County,
Texas. •
RESTRICTIONS: Volume 375, Page 309, Deed Records of Brazos County,Texas; Volume
981, Page 204; Volume 1204, Page 485;Volume 1027, Page 195 and Volume 1204, Page 362,
All Official Records of Brazos County,Texas.
NOTE:TO THE EXTENT THAT THESE RESTRICTIONS VIOLATE 42 USC 3604(C) BY
INDICATING A PREFERENCE, LIMITATION OR DISCRIMINATION BASED ON RACE,
COLOR, RELIGION, SEX, 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.
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 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.)
5. Standby fees, taxes and assessments by any taxing authority for the year 2008, 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 2008, and subsequent years.") '
6. The terms and conditions of the documents creating your interest in the land.
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Lawyers Title Insurance Corporation Schedule B,Page 4
Form T-7: Commitment for Title Insurance •
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• Continuation of Schedule B Order No.2019001281
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 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.)
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 must insert matters or delete this exception.):
THE FOLLOWING EXCEPTIONS ARE APPLICABLE TO SOUTHWOOD PLAZA PHASE TWO
TRACTS,AND MAY BE LIMITED TO SPECIFIC TRACTS IN SAID PHASE TWO AS NOTED:
a. Building lines per City Ordinance; 5'easement on each side of all lot lines where
underground street light service is installed; 5'easement along each side of
electric pole guy wires as installed; 10', 15', 20', 35',and 40' Utility Easements,
and Drainage and Utility Easements,as shown and noted on plat recorded in
Volume 1203, Page 143; Volume 2153, Page 93 Deed Records, all of the Official
Records; Deed Records, all of Brazos County, Texas as shown on survey made
by Jason Ward, R.P.L.S. No. 5811, dated December 21,2007.
b. Building lines, and any and all easements and covenants as set out in the
restrictions recorded in Volume 375, Page 309;Volume 2153, Page 93, all of the
Official Records of Brazos County,Texas as shown on survey dated as shown on
survey made by Jason Ward, R.P.L.S. No. 5811, dated December 21, 2007.
c. Intentionally deleted. •
d. Agreement of Easements with Covenants and Restrictions Affecting Land •
("ECR") between Wal-Mart Properties, Inc and Southwood Valley, Inc, dated June
26, 1987, recorded in Volume 981, Page 204; amended in instruments recorded in
Volume 1204,Pages 471 and 485, all of the Official Records of Brazos County,
Texas,and as shown and noted on a survey made by Jason Ward, R.P.L.S. No.
5811,dated December 21,2007,as amended in Second Amendment to
Easements with Covenants and Restrictions Affecting Land. (To be recorded at
closing) •
e. Intentionally deleted.
f. Easement executed by P.G. Longmire and wife, Ruth G. Longmire to Lone Star
Gas Company, dated December 19, 1950, recorded in Volume 148, Page 429,
Deed Records; Amended in instrument dated June 10,1975, recorded in Volume ,
75, Page 717, Release Records, all of Brazos County,Texas,and as shown on the 1
Revised Plat recorded in Volume 1203, Page 143, and on the Replat recorded in
Volume 2153, Page 93, Official Records of Brazos County,Texas, and as shown
on a survey made by Jason Ward, R.P..L.S. No. 5811, dated December 21, 2007.
(AS TO TRACTS ONE,TWO,THREE AND FOUR, however,TRACT FOUR is not a
subject of the referenced survey)
g. Easement executed by Southwood Valley, Inc.to City of College Station, dated
January 12, 1988, recorded in Volume 1023, Page 415,Official Records of Brazos I-
County,Texas,and as shown on a survey made by Jason Ward, R.P.L.S. No. j-
Lawyers Title Insurance Corporation Schedule B,Page 5
Form T-7: Commitment for Title Insurance
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•Continuation of Schedule B Order No.2019001281
5811,dated December 21,2007.
h. Mutual Ingress and Egress Agreement by and between Southwood Valley, Inc.
and Circle K Convenience Stores, Inc. dated June 15, 1987,recorded in Volume
1027,Page 200,Official Records of Brazos County,Texas, and as shown on a
survey made by Jason Ward, R.P.L.S. No.5811, dated December 21,2007.
i. Declaration of Restrictions and Grant of Easements by and between Southwood
Valley, Inc.and Albertson's, Inc.dated August 19, 1990, recorded in Volume 1204,
Page 362; amended in instrument recorded in Volume 3055, Page 198; amended '
in instrument recorded in Volume 3055, Page 206, Official Records of Brazos
County,Texas,and as noted on a survey made by Jason Ward, R.P.L.S.No. 5811,
dated December 21,2007.
j. Common Area Maintenance Agreement by and between Southwood Valley, Inc.
and Albertson's, Inc., dated August 14, 1990, recorded in Volume 1204, Page 401,
Official Records of Brazos County,Texas, and as noted on a survey made by
Jason Ward, R.P.L.S. No.5811, dated December 21,2007.
k. Intentionally deleted.
I. Easements executed by Albertson's, Inc.to City of College Station, dated
December 19, 1991, recorded in Volume 1403, Pages 133 and 138, Official
Records of Brazos County,Texas, and as shown on a survey made by Jason
Ward,R.P.L.S. No. 5811, dated December 21,2007. (Tract One only) -
• m. Intentionally deleted.
n. Intentionally deleted.
o. Easement executed by Wal-Mart Stores,Inc.to the City of College Station,Texas,
dated January 18, 1995, recorded in Volume 2281, Page 27, Official Records of
Brazos County,Texas, and as noted on a survey made by Jason Ward, R.P.L.S.
No. 5811, dated December 21,2007.(BLANKET) (Tract Two)
p. Survey dated December 21,2007, prepared by Doucet and Associates, Inc.,Jason
Ward, R.P.L.S. No. 5811,shows the following matters,the existence of which are
not insured against loss by this policy:
Power poles, light poles, and overhead electric lines.
Concrete driveways, parking spaces, and curbs encroach into various Utility, Gas
and Drainage easements.
Intentionally Deleted.
(TRACT ONE)
Protrusion of building from Tract One into Tract Two (Lot 4D).
q. Mineral Deed executed by Southwood Valley, Inc.to W. D. Fitch,Trustee,dated
May 5, 1978, recorded in Volume 396, Page 613, Deed Records of Brazos County,
Texas; Waiver of Surface Rights executed by W. D. Fitch,Trustee, dated May 5,
1987, recorded in Volume 971, Page 589, Official Records of Brazos County,
Texas.
r. Royalty reservation contained in Deed executed by P. G. Longmire, et ux to Roy
William Kelly,et ux, dated May 25,1961, recorded in Volume 211, Page 615, Deed
Records of Brazos County,Texas.
Lawyers Title Insurance Corporation Schedule B,Page 6
Form T-7: Commitment for Title Insurance
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Continuation of Schedule B Order No.2019001281
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Title to said interest has not been investigated subsequent to the date of the
aforementioned instrument.
s. Intentionally deleted.
t. Intentionally deleted.
u. Notwithstanding item#1,as to Plans for Architectual Review in Volume 375, Page
309, Real Property Records, Brazos County,Texas.
Company insures the Insured against loss, If any, sustained by the insured under
the terms of this Policy by reason of a final, non-appealable judgment of a court of
competent jurisdiction that divests the Insured of its interest as Insured because of
this right, claim,or interest.Company agrees to provide defense to the Insured in
accordance with the terms of this Policy if suit is brought against the Insured to
divest the Insured of its interests as Insured because of this right,claim, or
interest.
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Lawyers Title Insurance Corporation Schedule B, Page 7
Form T-7: Commitment for Title Insurance
Order No.:2019001281
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,
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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 2007.
6. Verify the status of Wal-Mart Stores, Inc. and Wal-Mart Stores East, Inc.,whether it/they,
is/are 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 Wal-Mart Stores,
Inc. and Wal-Mart Stores East, Inc.,entity(ies) and require the appropriate documents to
support the instant transaction.
7. Verify the status of ABS TX Owner LP,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 ABS TX Owner LP,entity and require the appropriate
documents to support the instant transaction.
The following'items pertain to Tract One only:
8. Obtain and file for record a release of Deed of Trust executed by ABS TX Investor LP to
Stan Keeton,Trustee for the benefit of Greenwich Capital Financial Products, Inc., dated
February 22,2007, recorded in Volume 7846, Page 219, Official Records of Brazos County,
Texas(in the amount of$945,000,000.00). •
9. Assignment of Leases and Rents dated February 22, 2007 from ABS TX Investor LP to •
Greenwich Capital Financial Products, Inc., recorded in Volume 7846, Page 244, Official
Lawyers Title Insurance Corporation Schedule C, Page 8
Form T-7: Commitment for Title Insurance
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Order No.2019001281
Records of Brazos County,Texas.
10. Obtain and file for record a release of Financing Statement filed March 19,2007, recorded
in Volume 7866, Page 19, Official Records of Brazos County,Texas,styled ABS TX
Investor LP, Debtor and Greenwich Capital Financial Products, Inc.,Secured Party.
11. NOTICE TO ALL BUYERS,SELLERS, BORROWERS, LENDERS AND ALL PARTIES
INTERESTED IN THE TRANSACTION BY THIS COMMITMENT. The following constitutes a
major change in the procedures and requirements for disbursement of funds by the title
agent pursuant to this transaction: Effective August 1, 1988. 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 Checks or Cashier
Checks(3) Uncertified Funds in the amount of less that$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 item when collected by the Financial
Institution.
12. Rights of tenants in possession under unrecorded leases.
13. As to plans for architectual review in Volume 375, Page 309,company will provide express
insurance upon receipt of approved letter dated April 30,2008 from ABS TX Investor, L.P.
NOTE: Schedule B, Item 2 of the OTP will be amended to read only"Shortages in Area."
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Lawyers Title Insurance Corporation Schedule C,Page 9 b
Form T-7: Commitment for Title Insurance
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Order No.:2019001281
COMMITMENT FOR TITLE INSURANCE
SCHEDULED
G.F.No.or File No. 2019001281 Effective Date:August 19,2008
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
Lawyers Title Insurance Corporation is a wholly owned subsidiary of LandAmerica Financial Group, Inc.,a Nebraska
Corporation whose securities are publicly traded on the New York Stock Exchange.
Lawyers Title Insurance Corporation's officers and directors are as follows:
OFFICERS DIRECTORS
Theodore L.Chandler,Jr., President&Chief Executive Officer Theodore L.Chandler,Jr.
• G.William Evans,Senior Executive Vice President G.William Evans
— Kenneth Astheimer,Executive Vice President Melissa A.Hill
Ross W.Dorneman,Executive Vice President David S.Saag
Margaret M.Foster,Executive Vice President Jeffrey C.Selby
Michelle H.Gluck,Executive Vice President&General Counsel •
Melissa A.Hill,Executive Vice President
John A.Magness,Executive Vice President
John M.Obzud,Executive Vice President
Lynn M.Riedel,Executive Vice President
Jeffrey C.Selby, Executive Vice President
James E.Sindoni,Executive Vice President
Jeffrey D.Vaughan,Executive Vice President
Marcy A.Weiburn,Executive Vice President
Ronald B.Ramos,Senior Vice President,Treasurer and Assistant Secretary
Christine Vlahcevic,Senior Vice President and Chief Financial Officer
Anna M.King,Vice President, Corporate Counsel&Secretary
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. 2. • The following disclosures are made by the Title Insurance Agent issuing this commitment pursuant to Rule P-21.
LANDAMERICA AMERICAN TITLE COMPANY,a 100%wholly owned subsidiary of Lawyers Title Insurance Corporation.
OFFICERS • DIRECTORS ,
Thomas M.Horton-President(Dallas&Fort-Worth Divisions) John A.Magness
Randy Stegall-President(Dallas&Fort Worth Divisions) Ronald B.Ramos
Carole M.Badgett-Senior Vice President
Charles S.Badgett-Senior Vice President
Patricia R.Ewert-Senior Vice President •
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Michael A.Grimada-Senior Vice President
Cathy H.McMullen-Senior Vice President
Ronald.B.Ramos-Senior Vice President and Assistant Treasurer
Holly H.Wenger-Senior Vice President,Corporate Counsel and Assistant Secretary
Devon M.Jones-Vice President and Assistant Treasurer
Anna M.King-Vice President,Corporate Counsel and Assistant Secretary
Sylvia Freyling-Vice President,Controller,Secretary and Treasurer
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.
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You are further advised that the estimated title premium-is:
Owners Policy $25,019.00
Mortgagee Policy $0.00
Endorsements $7,605.70
Other $
Total $32,624.70
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Of this total amount:15%will be paid to the policy Issuing Title Insurance Company:85%will be retained by the issuing
1 • Title Insurance Agent;and the remainder of the estimated premium will be paid to other parties as follows:
Amount To Whom For Services
40.00% Lawyers Title of Brazos Company Title Evidence ,
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Lawyers Title Insurance Corporation Schedule D,Page 10
Form T-7: Commitment for Title Insurance •
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Order No.2019001281
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
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Lawyers Title Insurance Corporation Schedule D, Page 11
Form T-7: Commitment for Title Insurance •
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Order No.2019001281
TEXAS TITLE INSURANCE INFORMATION
Title insurance insures you against loss resulting from El seguro de titulo le asegura en relacion a
certain risks to your title. 'perdidas resultantes de ciertos riesgos que
pueden afectar el titulo de su propiedad.
The Commitment for Title Insurance is the title insurance El Compromiso para Seguro de Titulo es la
company's promise to issue the title insurance policy. The promesa de la compania aseguradora de
Commitment is a legal document. You should review it titulos de emitir la poliza de seguro de titulo.
carefully to completely understand it before your closing El Compromiso es un documento legal.
date. Usted debe leerio cuidadosamente y
entendario completamente antes de la fecha
para finalizar su transaccion.
Your Commitment for Title Insurance is a legal contract between you and us. The Commitment is not an
opinion 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 (the Commitment)or a Title Insurance Policy(the
Policy),the Title Insurance Company(the Company)determines whether the title is insurable. This
determination has already been made. Part of that determination involves the Company's decision to
insure the title except for certain risks that will not be covered by the Policy. Some of these risks are listed
in Schedule B of the attached Commitment as Exceptions. Other risks are stated in the Policy as
Exclusions. These risks will not be covered by the Policy.
Another part of the determination involves whether the promise to insure is conditioned upon certain
requirements being met. Schedule C of the Commitment lists these requirements that must be satisfied
or the Company will refuse to cover them. You may want to discuss any matters shown on Schedules B
and C 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 B or discussed in Schedule C of the Commitment.
They can also be added if you 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.
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- EXCLUSIONS 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 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 the Title
Insurance Company at 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 1-
800-252-3439. •
Before the Policy is issued,you may request changes in the Policy. Some of the changes to consider are:
Lawyers Title Insurance Corporation _ Page 12
Form T-7: Commitment for Title Insurance
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•• Order No.2019001281'
-Request amendment of the"area and boundary"exception (Schedule B, paragraph 2). To get
this amendment, you must furnish a survey or comply with other requirements of the Company.
On the Owner 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 are met, your Policy will
insure you against loss because of discrepancies or conflicts in boundary lines, 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 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 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 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.
•
•
•
•
•
Lawyers Title Insurance Corporation Page 13
r
Form 1-7: Commitment for Title Insurance
t
Order No.2019001281
IMPORTANT NOTICE AVISO IMPORTANTE
FOR INFORMATION, OR TO MAKE A COMPLAINT, PARA INFORMACION, 0 PARA SOMETER UNA
CALL OUR TOLL-FREE TELEPHONE NUMBER QUEJA LLAME AL NUMERO GRATIS
(800)442-7067 (800) 442-7067
ALSO,YOU MAY CONTACT THE TEXAS TAMBIEN PUEDE COMUNICARSE CON EL
DEPARTMENT OF INSURANCE AT 1-800-252-3439 DEPARTAMENTO DE SEGUROS DE TEXAS AL 1-
800-252-3439
to obtain information on: •
1- filing a complaint against an insurance company para obtoner informacion sobre:
or agent, 1. comp someter una queja en contra de una
Compania de seguros o agente de seguros,
2. whether an insurance company or agent is
licensed, 2. si una compania de seguros o agente de
seguros tiene licencia,
3. complaints received against an insurance
company or agent, 3. quejas recibidas en contra de una compania
de seguros o agente de seguros,
4. policyholder rights, and
4. los derechos del asegurado,y
5. a list of consumer publications and services
available through the Department.- 5. una lista de publicaciones y servicios para
consumidores disponibles a traves del
YOU MAY ALSO WRITE TO: - Departamento.
The Texas Department of Insurance
P.O.Box 149104 TAMBIEN PUEDE ESCRIBIR AL:
Austin,Texas 78714-9104 Departamento de Seguros de Texas
FAX No(512)475-1771 0 P.O. Box 149104
Austin, Texas 78714-9104
FAX No. (512)475-1771
THE FOLLOWING COMMITMENT FOR TITLE INSURANCE IS NOT VALID UNLESS YOUR
NAME AND THE POLICY AMOUNT ARE SHOWN IN SCHEDULE A, AND OUR AUTHORIZED
REPRESENTATIVE HAS COUNTERSIGNED BELOW.
Lawyers Title Insurance Corporation Page 14
Form T-7: Commitment for Title Insurance •
•
Order No.2019001281
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
• I
•
Lawyers Title insurance Corporation Page 15
Form T-7: Commitment for Title Insurance
Application for Abandonment of
a Public Right-of-Way/Easement
Located: 1815 Brothers Blvd. , College Station, TX
EXHIBIT NO. 1
Attached are two sealed copies of the metes and bounds description (dividing the area
in half) of the public right-of-way/easement situated in Lots 4B (4J and 4K) 4D, 4E
Addition/Subdivision to the City of College Station, Brazos County, Texas, sought to be
abandoned.
23-Aug-07
Page 4 of 8
Legal Description FN No.08-0012g
D&A Job No. 001-402
Brazos County,Texas
Release Description
BEING ALL OF THE TEMPORARY BLANKET UTILITY EASEMENT
DESCRIBED IN VOLUME 2281,PAGE 27, OF THE DEED RECORDS OF
BRAZOS COUNTY, TEXAS, SAID TEMPORARY BLANKET UTILITY
EASEMENT BEING SITUATED ON LOTS 4B, 4D, AND 4E, OF THE
REVISED PLAT OF LOT 4, BLOCK 15, SOUTHWOOD PLAZA PHASE
TWO, RECORDED IN VOLUME 1203, PAGE 143, (D.R.B.C.T.), SAD)
LOT 4B HAS BEEN REPLATED INTO LOT 4J, AND 4K, BY 'IIIE
REPLAT OF LOT 4B, BLOCK 15, PHASE TWO, SOUTHWOOD PLAZA
SUBDIVISION, RECORDED IN VOLUME 2153, PAGE 93, (D.R.B.C.T.).
THE ELECTRIC UTILITY LINES AFFECTING T H H', ABOVE
DESCRIBED LOTS ARE SHOWN ON TNF ATTACHED ELECTRIC
LINE SKETCH,AS PROVIDED BY THE CITY OF COLLEGE STATION.
Jason Ward,R.P.L.S. • Date /tr.";\ TERF -p
Texas Registration No. 5811 ; �Q,... •••••�•�••••
Doucet&Associates Inc., JASON„W„A .......;
.....
� 9 •5811 Jerc��
7401 B Hwy. 71 West, Suite 160 y .°Fess °:
Austin,Texas 78735 �� .S.....
Page 1 of 1
P:\0011402\survey\Iegals108-0012g.do c
Application for Abandonment of
a Public Right-of-Way/Easement
Located: 1815 Brothers Blvd. College Station, TX
EXHIBIT NO. 2
Attached are two copies of a plat or detailed sketch of the public right-of-way/easement
sought to be abandoned in the above-mentioned application, showing the surrounding
area to the nearest streets in all directions, abutting lots, the block or blocks in which the
portion of the public right-of-way/easement sought to be vacated is situated, and the
addition or subdivision in which the portion of the public right-of-way/easement sought
to be abandoned is situated. Also, the names of record owners of the abutting lots are
shown.
23-Aug-07 Page 5 of 8
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Application for Abandonment of
a Public Right-of-Way/Easement
Located: 1815 Brothers Blvd. College Station, TX
EXHIBIT NO. 3
The undersigned public utility companies, using or entitled to use, under the terms and
•
provisions of our respective franchises with the City of College Station, that portion of
the public right-of-way/utility easement sought to be abandoned in the Application for
Abandonment above referred to, do hereby consent to the abandonment of the
described portion thereof.
ATMOS ENERGY
• 1
BY.
Title cS-f-
VERIZON TELEPHONE COMPANY
BY:
Title
SUDDENLINK COMMUNICATIONS
BY:
Title
BRYAN TEXAS UTILITIES
BY:
Title •
23-Aug-07 Page 6 of 8
Application for Abandonment of
a Public Right-of-Way/Easement
Located: 1815 Brothers Blvd. College Station, TX
EXHIBIT NO. 3
The undersigned public utility companies, using or entitled to use, under the terms and
provisions of our respective franchises with the City of College Station, that portion of
the public right-of-way/utility easement sought to be abandoned in the Application for
Abandonment above referred to, do hereby consent to the abandonment of the
described portion thereof.
ATMOS ENERGY
BY:
Title
VERIZON TELEPHONE COMPANY
40
BY: L k ia V 1. ( ;L
Title / � -J C )11-#1) .
SUDDENLINK COMMUNICATIONS
BY:
Title
BRYAN TEXAS UTILITIES
BY:
Title •
23-Aug-07 Page 6 of 8
Application for Abandonment of
a Public Right-of-Way/Easement
Located: 1815 Brothers Blvd. College Station, TX
•
EXHIBIT NO. 3
The undersigned public utility companies, using or entitled to use, under the terms and • i
provisions of our respective franchises with the City of College Station, that portion of
the public right-of-way/utility easement sought to be abandoned in the Application for
Abandonment above referred to, do hereby consent to the abandonment of the •
described portion thereof. • i
ATMOS ENERGY
•
BY:
Title •
•
I '
VERIZON TELEPHONE COMPANY
BY: I '
Title
•
•
•
SUDDENLINK COMMUNICATIONS
BY: OZ-/-_,:/-/ �� i� 7-/7-
•
/l"
Title Plc, /11c,�.� �
BRYAN TEXAS UTILITIES
BY:
• Title •
23-Aug-07 Page 6 of 8
Application for Abandonment of
a Public Right-of-Way/Easement
Located: 1815 Brothers Blvd. College Station, TX
EXHIBIT NO.3
The undersigned public utility companies, using or entitled to use, under the terms and
provisions of our respective franchises with the City of College Station, that portion of
the public right-of-way/utility easement sought to be abandoned in the Application for
Abandonment above referred to, do hereby consent to the abandonment of the
described portion thereof.
ATMOS ENERGY
BY: I
Title
VERIZON TELEPHONE COMPANY
II
BY:
Title
SUDDENLINK COMMUNICATIONS
BY:
Title
BRY• S TILIT
BY: eitoiritILLAW.----
Title 'a�Y[}�.� ri LTi .VM iz io lv"\Ndj f 5
23-Aug-07
Page 608
Application for Abandonment of
a Public Right-of-Way/Easement
Located: 1815 Brothers Blvd. College Station, TX
EXHIBIT NO. 4
The undersigned, City staff of the City of College Station, certify that they have carefully
considered the Application for Abandonment of the public right-of-way/easement
referred to above from the standpoint of City of College Station ordinances and with
respect to present and future needs of the City of College Station and see no objection
to the requested abandonment from the City's standpoint.
City Engineer Building Official
City of College Station City of College Station
Zoning Official Fire Marshal
City of College Station City of College Station
Electric Department Water Services Department
City of College Station City of College Station
23-Aug-07 Page 7 of 8
Application for Abandonment of
a Public Right-of-Way/Easement
Located: 1815 Brothers Blvd. College Station, TX
EXHIBIT NO. 5
The undersigned, owners of property abutting upon that portion of the public right-of-
way/easement named and described in the Application for Abandonment of a Public
Right-of-Way/Easement referred to above, do hereby consent to such abandonment.
NAME:
ADDRESS:
NAME:
ADDRESS:
NAME:
ADDRESS:
NAME:
ADDRESS:
23-Aug-07 Page 8 of 8