Loading...
HomeMy WebLinkAboutTitle Insurance Lawyers Title Company of Brazos County 1450 Copperfield Parkway College Station,TX 77845 Phone: 979-776-3600 Fax: 979-776-3700 July 1, 2014 Anthony J. Best and Gloria J. Best 241 South Monroe Street Denver, CO 80209 RE: OUR FILE No: S35670 BUYER: Anthony J. Best and Gloria J. Best SELLER: LEGAL: Willow Run Phase 3A, Lot 56, Brazos County Address: 13852 Apricot Glen, College Station,TX Dear Mr. & Mrs. Best: With reference to the above-captioned transaction, please find enclosed the following documents: 1.) Owner's Policy No. 3344743-91316885 It was a pleasure assisting you in this matter. If you have any questions, please do not hesitate to call. Sincerely, Carrie C. Campbell Policy Department Alamo Title Insurance Policy No.: 6928-1-535670-2014.3344743-91316885 TEXAS RESIDENTIAL OWNER'S POLICY OF TITLE INSURANCE ONE-TO-FOUR FAMILY RESIDENCES(T-1R) OWNER'S INFORMATION SHEET Your Title Insurance Policy is a legal contract Su Poliza de Seguro de Titulo es un contrato legal entre usted y between you and Alamo Title Insurance.This Alamo Title Insurance. Esta poliza no es una opinion o reporte en policy is not an opinion or report of your title. relation a su titulo de propiedad.Es un contrato de indemnification, It is a contract of indemnity,meaning a esto es,la promesa de reembolsarle o de tomar cualquier otro tipo de promise to pay you or to take other action if action si usted sufre una perdida como resultado de cualquier riesgo you have a loss resulting from a covered title cubierto por la poliza. risk. Esta forma de poliza ha sido designada para ser utilizada It applies only to an improved one to-four exclusivamente en los casos de propiedades en las cuales hay family residential property or condominium construidas viviendas para no mas de cuatro familias o en los casos unit. If your land is not either of these, de unidades en condominios.Si su propiedad no es ninguna de las contact us immediately. anteriores,por favor,notifiquenos inmediatamente. We insure you against certain risks to your land title.We list these risks on page 2. The following limit your coverage: Exclusions on page 3 Exceptions on Schedule B. Conditions on pages 3 through 5 You should keep the policy even if you transfer the title to your land.If you want to make a claim,see Section 3 under Conditions on page 3. You do not owe any more premiums for the Policy. This sheet is not your insurance Policy. It is only a brief outline of some of the important Policy features. The Policy explains in detail your rights and obligations and our rights and obligations.The Policy—and not this sheet is the legal document. YOU SHOULD READ THE POLICY VERY CAREFULLY. THE TOLL-FREE NUMBER OF ALAMO TITLE INSURANCE IS 1-800-442-7067. YOU MAY CALL THIS NUMBER TO DISCUSS THIS POLICY OR TO MAKE A COMPLAINT.YOU MAY WRITE TO ALAMO TITLE INSURANCE AT THE ADDRESS IN SECTION 3 UNDER CONDITIONS ON PAGE 3. 3344743 Texas Form T-112 Texas Residential Owner's Policy of Title Insurance—Effective 114!2014 PAGE 1 TEXAS RESIDENTIAL OWNER'S POLICY OF TITLE INSURANCE ONE-TO-FOUR FAMILY RESIDENCES TABLE OF CONTENTS PAGE OWNER'S COVERAGE STATEMENT 2 COVERED TITLE RISKS 2 OUR DUTY TO DEFEND AGAINST COURT CASES 2 SCHEDULE A 6 POLICY NUMBER,DATE AND AMOUNT 6 I. Name of Insured 6 2. Interest in Land Covered 6 3. Description of the Land 6 SCHEDULER—EXCEPTIONS 7 EXCLUSIONS 3 CONDITIONS 3-5 I. Definitions 3 2. Continuation of Coverage 3 3. Your Duties if You Make a Claim 3 4. Our Choices When You Notify Us of a Claim 4 5. Handling a Claim or Court Case 4 6. Limitation of Our Liability 4 7. Transfer of Your Rights 5 8. Arbitration .5 9. Entire Contract Provision 5 3344743 Texas Form T-IR: Texas Residential Owner's Policy of Title Insurance—Effective 1/4 21)14 PAGE 2 OWNER'S COVERAGE STATEMENT This Policy insures your title to the land described in Schedule A,— if that land is a one-to-four family residential property or condominium unit. Your insurance,as described in this Coverage Statement,is effective on the Policy Date shown in Schedule A. This document is title insurance,It is not an opinion or report of your title.It is a contract of indemnity,meaning a promise to pay you or take other action if you have a loss resulting from a covered title risk. • Exclusions on page 3. • Exceptions in Schedule B. • Conditions on pages 3-5. We insure you against actual loss resulting from: • Any title risks covered by this Policy--up to the Policy Amount,and • Any costs, attorneys' fees and expenses we have to pay under this Policy. We must approve the attorney before the attorney begins to work.You have the right to disapprove our choice of attorney for reasonable cause. COVERED TITLE RISKS This Policy covers the following title risks subject to the Exceptions and Exclusions (p.3), if they affect your title to the land on the Policy Date.We do not promise that there are no covered risks. We do insure you if there are covered title risks. 1. Someone else owns an interest in your title. 2. A document is invalid because of improper signature,acknowledgment,delivery,or recording. 3. A document is invalid because of forgery,fraud,duress,incompetency, incapacity or impersonation. 4. Restrictive covenants apply to your title. 5. There is a lien on your title because of: • a mortgage or deed of trust, • a judgment,tax,or special assessment,or • charge by a homeowner's or condominium association. 6. There are liens on your title for labor and material which have their inception before the policy date.However,we will not cover liens for labor and material that you agreed to pay for. 7. Others have rights in your title arising out of leases,contracts or options. 8. Someone else has an easement on your land. 9. You do not have good and indefeasible title. 10.There are other defects in your title. 11.There are other liens or encumbrances on your title. This Policy also covers the following title risk: You do not have any legal right of access to and from the land. OUR DUTY TO DEFEND AGAINST COURT CASES We will defend your title in the part or parts of a court case involving a Title Risk covered by this Policy. We will pay the costs, attorneys' fees, and expenses that we incur in that defense. We will not pay for the parts of a case not involving a covered title risk. You may disapprove our choice of attorney for reasonable cause. We can end this duty to defend your title by exercising any of our options listed in Item 4 of the Conditions,see page 4. This P• icy is not complete without Schedules A and B. di ized party also r countersign th /Policy. jj Alamo Title Insurance ut o, ed Signature �� ia 1 Alo i 6928TX S35670 /' __. Lawyers Title Company Of Brazos County 1450 Copperfield Pkway College Station,TX 77845 Tel:(979)776-3600 Fax:(979)776-3700 3344743 Texas Form T-IR: Texas Residential Owner's Policy of Title Insurance—Effective 1/4/2014 • PAGE 3 EXCLUSIONS In addition to the Exception in Schedule B,we do not insure you against loss, costs, attorney's fees, and expenses resulting from these Exclusions: 1. We do not cover loss caused by the exercise of governmental police power or the enforcement or violation of any law or government regulation.This includes building and zoning ordinances and laws and regulations concerning: a. Land use b. Improvements on the land c. Land division d. Environmental protection This exclusion does not apply to notices of violations or notices of enforcement that appear in the public records at Policy Date. However,there may he an Exception in Schedule B. 2. We do not cover the right to take the land by condemning it,unless: a. a notice of exercise of the right appears in the public records on the Policy Date,or b. the taking happened before the Policy Date and is binding on you if you bought the land without knowing of the taking. 3. We do not cover title risks: a. that are created,allowed,or agreed to by you, b. that are known to you,but not to us on the Policy Date unless they appeared in the public records, c. that result in no loss to you,or d. that first affect your title after the Policy Date--this does not limit the labor and material lien coverage in Item 6 of the Covered Title Risks. 4. We do not cover the effect of failure to pay value for your title. 5. We do not cover lack of a right: a. to any land outside the area specifically described and referred to in item 3 of Schedule A, b. in streets,alleys,or waterways that touch your land. This exclusion does not limit the access coverage in the Covered Title Risks. 6. We do not cover any claim based upon allegations that your purchase of title(or acquisition of title by gift or otherwise): a. was a fraudulent conveyance,fraudulent transfer,voidable distribution,or voidable dividend; b. should be subordinated or recharacterized as a result of equitable subordination; c. was a preferential transfer unless (I) the Company or its issuing agent failed to timely file for record the deed to you after delivery or (2) the recordation of the deed to you is not legal record notice. (We do cover the two types of claims described in c.(1)and c.(2)above.) 7. We do not cover the refusal of any person to buy,lease or lend money on your land because of=marketability of the title. 8. We do not cover claims concerning the physical condition of your land or of the access to your land. CONDITIONS I. DEFINITIONS a. Actual Loss. This is the difference between the value of your land without the covered title risk and the value of your land with the covered title risk.These values are the respective values at the time you must furnish proof of your loss. b. Document.A deed or other conveyance of title to you or a prior owner. c. Easement.A portion of your land someone else has the right to use for a special purpose. d. Government Regulation.Any federal,state,or local law,constitutional provision,regulation,ordinance,or guideline. e. Land.The land or condominium unit described in Schedule A and any improvements on the land that are real property. f. Knowledge or known.Actual knowledge,not constructive knowledge or notice that may be imputed to an insured by the public records. g. Mortgage.A type of lien on the land such as a deed of trust or other security instrument. h. Public Records. Those records required by Texas law and maintained by public officials in the county where the property is located that give legal notice of matters affecting your title. i. Title.The ownership interest in the land,as shown in Schedule A. j. We,us or our.The title insurance company.This is ALAMO TITLE INSURANCE. k. You,your.The insured. 2. CONTINUATION OF COVERAGE We insure you as long as you: a. own your Title, b. own a mortgage from anyone who buys your Title,or c, are liable for any Title warranties you make. We insure your transferee or assignee only as follows: a. a person who inherits the original named insured's title on the original named insured's death; b. the original named insured's spouse who receives title in a dissolution of marriage with the original named insured; c. the trustee or successor of a trust established by the original named insured to whom the original named insured transfers title after the date of policy;or d. the beneficiaries of a trust described by Subdivision©on the death of the original named insured. 3. YOUR DUTIES IF YOU MAKE A CLAIM You must follow this process to make a claim: 3344743 Texas Form T-1 R: Texas Residential Owner's Policy of Tide Insurance—Effective 1:'4,2014 a. You Must Give Us Notice Of Your Claim. PAGE 4 If anyone claims a right against your insured title, you must notify us promptly: Send the notice to National Claims Administration,P.O. Box 45023, Jacksonville, FL 32232-5023 or call 1-800-654-7041 and ask for a claims attorney. If you initially notify us by phone, we recommend that you also notify us in writing. Please include the Policy number shown in Schedule A,and the county where the land is. Our obligation to you is reduced or ended if: (I) you fail to give prompt notice,and (2) your failure affects our ability to dispose of or to defend you against the claim. Our obligation is reduced only to the extent that your failure affects our ability to dispose of or to defend you against the claim. b. You Must Give Us Proof of Your Loss if We Request It. You must send to us,if we request, your signed proof of loss within 91 days of our request on a standard form supplied by us. Within 15 days after we receive your notice of claim,we must request a signed proof of loss.If not,we waive our right to require a proof of loss.This waiver will not waive our other rights under the policy. The statement must have the following information to the best of your knowledge: (1) the Covered Title Risks which resulted in your loss, (2) the dollar amount of your loss,and (3) the method you used to compute the amount of your loss. c. You Must Provide Papers We Request. We may require you to show us your records, checks, letters, contracts, and other papers that relate to your claim of loss. We may make copies of these papers. If you tell us this information is confidential, we will not disclose it to anyone else unless we reasonably believe the disclosure is necessary to administer the claim. d. You Must Answer Questions Under Oath. We may require you to answer questions under oath. e. Effect of Failure to Cooperate. Our obligation to you reduces or ends if you fail or refuse to: (1) (a) provide a statement of loss, (b) answer our questions under oath,or (c) show us the papers we request,and (2) your failure or refusal affects our ability to dispose of or to defend you against the claim. 4. OUR CHOICES WHEN YOU NOTIFY US OF A CLAIM a. After we receive your claim notice or in any other way learn of a matter for which we are liable,we can do one or more of the following: (1) Pay the claim against your title. (2) Negotiate a settlement. (3) Prosecute or defend a court case related to the claim. (4) Pay you the amount required by this Policy. (5) Take other action under Section 4b. (6) Cancel this policy by paying the Policy Amount,then in force, and only those costs,attorneys' fees and expenses incurred up to that time that we are obligated to pay. We can choose which of these to do. b. If you report to us that a covered title risk exists,we will promptly investigate to determine if that covered title risk is valid and not barred by law or statute.A covered title risk is a title risk that this Policy does not exclude or except. If we conclude that your claim,or any part of your claim, is covered by the policy, we will take one or more of the following actions to the extent that it is covered: (I) Institute all necessary legal proceedings to clear the title to the property; (2) Indemnify you pursuant to the terms of the policy; (3) Issue a new title policy without making exception to the covered title risk. If another insurer issues the new title policy to your purchaser,lender or other transferee without making exception to the covered title risk, we will indemnify the other insurer. (4) Secure a release of the covered title risk. c. If we deny your claim,or any part of your claim,not more than 15 days after we deny the claim,we will: (I) notify you in writing,and (2) give you the reasons for denial of your claim in writing. 5. HANDLING A CLAIM OR COURT CASE You must cooperate with us in handling any claim or court case and give us all relevant information. We must repay you only for those settlement costs,attorneys'fees and expenses that we approve in advance. When we defend or sue to clear your title, we have a right to choose the attorney. You have the right to disapprove our choice of attorney for reasonable cause. We can appeal any decision to the highest court. We do not have to pay your claim until your case is finally decided.We do not agree that the matter is a covered title risk by defending. 6. LIMITATIONS OF OUR LIABILITY Our liability is limited by the following: a. We will pay up to your actual loss or the Policy Amount in force when the claim is made—whichever is less. PAGE 5 3344743 Texas Form T-IR Texas Residential Owner's Polley of Title insurance—Effective 1.4/2014 b. If we remove the claim against your title with reasonable diligence or take other action under this policy after recek ing notice of it,we will have no further liability for it, c. All payments we make under this policy—except for costs,attorneys' fees and expenses—will be subtracted from your Policy Amount. d. If the Covered Title Risk is an easement, we may pay an insured mortgage holder instead of paying you when a written agreement between you and the mortgage holder allows.If the claim involves another Covered Title Risk,we may pay the mortgage holder instead of paying you. The amount paid to the mortgage holder is considered a payment to you under your policy and will be subtracted from your policy amount. e. If you do anything to affect any right of recovery or defense you may have, we can subtract from our liability the amount by which you reduced the value of that right or defense. But we must add back to our liability any amount by which our expenses are reduced as a result of your action. 7. TRANSFER OF YOUR RIGHTS When we settle a claim, we have all the rights you had against any person or property related to the claim. You must transfer these rights to us when we ask, and you must not do anything to affect these rights. You must let us use your name in enforcing these rights. We will not be liable to you if we do not pursue these rights or if we do not recover any amount that might be recoverable. With the money we recover from enforcing these rights,we will pay whatever part of your loss we have not paid. We have a right to keep what is left. 8. ARBITRATION If it is permitted under Texas or federal law,you and we may agree to arbitration when you file a claim. The arbitration may decide any matter in dispute between you and us. Arbitration is one means of alternative dispute resolution. It may lessen the time and cost of claims settlement. You may wish to consider another form of mediation or use the court system. If you choose arbitration, you may give up some discovery rights and your right to sue. The arbitration award may: a. include attorneys' fees if allowed by state law,and/or b. be entered as a judgment in the proper court. The arbitration shall be under the Title Insurance Arbitration Rules of the American Arbitration Association.You may choose current Rules or Rules in existence on Policy Date. The law used in the arbitration is the law of the place where the property is located. You can get a copy of the Rules from us. 9. ENTIRE CONTRACT PROVISION This policy and any endorsements we attach are the entire contract between you and us. Any claim you make against us must be under this Policy and is subject to its terms. 3344743 Texas Faze T•IR:Texas Residential Owner's Policy of Title insurance-Effective 1 4r20I4 IMPORTANT NOTICE AVISO IMPORTANTE To obtain information or make a complaint: Para obtener informacion o para someter una queja: Usted puede hamar al mmmero de telefono gratis de You may call Alamo Title Insurance toll-free telephone Alamo Title Insurance para informacion o para someter number for information or to make a complaint at: una queja al: 1-800-654-7041 1-800-654-7041 You may also write to Alamo Title Insurance at: Usted tambien puede escribir a Alamo Title Insurance: Attention:Claims Department Attention:Claims Department P.0 Box 45023 P.O.Box 45023 Jacksonville,Florida 32232-5023 Jacksonville,Florida 32232-5023 You may contact the Texas Department of Insurance to Puede comunicarse con el Departamento de Seguros de obtain information on companies, coverage's rights or Texas para obtener informacion acerca de companias, complaints at: coberturas,derechos o quejas al: 1-800-252-3439 1-800-252-3439 You may write to the Texas Department of Insurance: Puede escribir al Departamento de Seguros de Texas: P.O.Box 149104 P.O.Box 149104 Austin,TX 78714-9104 Austin,TX 78714-9104 Fax:(512)475-1771 Fax:(512)475-1771 Web:http://www.tdi.texas.gov Web: http://www.tdi.texas.gov E-mail:ConsuinerProtection( tdi.texas.gov E-mail: ConsumerProtectiont"a?tdi.texas.gov PREMIUM OR CLAIM DISPUTES: DISPUTAS SOBRE PRIMAS O RECLAMOS: Should you have a dispute concerning your premium or Si tiene una disputa concerniente a su prima o a un about a claim you should contact the company first. If reclamo, debe comunicarse con el la compania)primero. the dispute is not resolved, you may contact the Texas Si no se resuelve la disputa,puede entonces comunicarse Department of Insurance. con el departamento(TDI). ATTACH THIS NOTICE TO YOUR POLICY: This UNA ESTE AVISO A SU POLIZA: notice is for information only and does not become a part Este aviso es solo para proposito de informacion y no se or condition of the attached document. convierte en parte o condicion del documento adjunto. 3344743 Texas Form TAR: Texas Residential Owner's Policy of Title Insurance—Effective 1,4/2014 ALAMO TITLE INSURANCE TEXAS RESIDENTIAL OWNER'S POLICY OF TITLE INSURANCE ONE-TO-FOUR FAMILY RESIDENCES (T-1R) SCHEDULE A Policy Number: 3344743-91316885 File Number: S35670 Issued with Policy Number: 3339943-91316886 Policy Date: May 5, 2014, at 3:21 pm Policy Amount: $4,811,437.00 Premium: $23,241.00 4: Name of Insured: Anthony J. Best and Gloria J. Best 2. We insure your interest in the land covered by this Policy is: Fee Simple 3. Legal Description of land: SEE ATTACHED EXHIBIT"A" Form T-1R: Residential Owner's Policy of Title Insurance One-to-Four Family Residences Page 1 Continuation of Schedule A Policy No, 3344743-91316885 EXHIBIT"A" Tract One: All that certain lot,tract or parcel of land lying and situated in Brazos County, Texas, being Lot Fifty Six (56),Willow Run, Phase Three A(3A), an addition to the City of College Station, Brazos County,Texas,according to the Plat recorded in Volume 3244, Page 267, Official Records of Brazos County,Texas. Tract Two: All that certain lot,tract or parcel of land lying and situated in Brazos County,Texas, being Lot Fifty Seven (57),Willow Run, Phase Three A(3A), an addition to the City of College Station, Brazos County,Texas,according to the Plat recorded in Volume 3244, Page 267, Official Records of Brazos County,Texas. Form T-1 R: Residential Owner's Policy of Title Insurance One-to-Four Family Residences Page 2 ALAMO TITLE INSURANCE TEXAS RESIDENTIAL OWNER'S POLICY OF TITLE INSURANCE ONE-TO-FOUR FAMILY RESIDENCES (T-IR) SCHEDULE B EXCEPTIONS We do 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 3244, PAGE 267, OFFICIAL RECORDS OF BRAZOS COUNTY, TEXAS. RESTRICTIONS: VOLUME 3245, PAGE 180,VOLUME 3996, PAGE 129, AND VOLUME 11768, PAGE 133, ALL OF THE 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's 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. 5. Standby fees, taxes and assessments by any taxing authority for the year 2014, 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. Form T-iR: Residential Owner's Policy of Title Insurance One-to-Four Family Residences Page 3 17°Bed saauepisad Altwej anon-o;-auO aouBJnsul ami Jo Ao11od s JauMO lelauap!sad :2! -1 WJoA •(s)lsawa;ut Lions Jo waploy JO dtyswauMo ay;o;se not;eluasaJdaJ ou samew Auedwo3 ay; pue luawnJlsut sty;Aq paouaptna (s);saJalut ay;o; se apew uaaq sey ow;Jo yoweas Jay3n;oN •SJelnonied Jol apew a Jay sI luawnJlsu► yo►yM o;aouawalaa •sexal 'A;uno3 sozeJB to spJo3a21 aseal seg pue 11O ay;to `C6E a6ed '6Z awnlaA u! 8L66 '9 AJenuer uo papiooai 'eassal se "p;l 'wnalow;ad ezueuoe palewe6lewy pue `fossa-; se 'pa;twt1 peo8 uwogilaM uaaMlaq pue Aq 'LL6; 'I.aagoloO palep `olaJayl ;uaptou! s;y61a 44!M aay;a6o; `siewaulw Jaglo JO se6 'ito 'aitu6!I `Ieoa Jo;asea-i (onnl;oewl o; se) *(s);saJa;ut Lions;o Japloy Jo dtgsJaunno ay;04 se not;e;uasaJdaJ ou swIew Auedwo3 ay; pue `luawnJlsul 5141 Aq paouaptna (s);saga;ut ay;04 se apew uaaq sey awl Jo t oweas Jagpnj oN 'sAeinollped Jo;apew away st ;uawnu;su! 4014^^ o;eouawalaj •sexal'A;uno3 sozwe}o spwooaj lelo!34O `i'8Z a6ed 'ELZE awnlon ut `8661• `86 Jagwaldas uo papwooaw '8661. `sZ Jagwaldas palep;uawnilsul u1 pauleluoo'olawayl luaPlout s;y6!J ile pue `siewaulw Jaw pue se6`Ito 'al!u611 `Ieoo He o;pue ul lsaJalui (auO;Dail o;se) •(s);sawa;ut yons;o Japioy JO dlysJaunno ay;of se not;e;uasawdai ou swiew Auedwo3 ay; pue luawnJlsut sty;Aq paouaptna (s);sawa;ut ay;o;se apew uaaq sey .0114 30 Llamas Jaypnl oN 'swetnotlwed Jo}apew away st;uawnJlsul yo14nn 03 aouaJa;a2i •sexal`A;uno3 SOzBJ9 Jo spiooaj letaiJJO 'LLZ a6ed `39Z£awnlon is! `866; `$6 Jagwa;das uo papaooaw `866; '86 Jagwaldas palep luawnJlsu► u! pauleluoo 'ola'am luaptout s;y61J Ile pue `sieJautw JaLi;o pue se6 `lto 'a;tu611 `leoo Ile o;PUB in ;5010;u1 6 *sexal 'A;uno3 sozeJB Jo spwooal paad '£Z£ a6ed `bsZ awnlon ut papwooai '9961. '9 Jago;oO palep `uolleJadJo3 Alddns JaleM wogllaM of PAol1 'H'1 Aq palnoexa luawasea AeM-;o-;y6t2i 'sexal'A;uno3 sozBJ9;o spJo3a2l lel0!13O 'I'6 6 a6ed 'OOLZ awnlon uI papwooaJ '9661, '1.Jagoloo palep 'uot4BJodwo3 Alddns Ja;eM =mom o;pa;ewrl peoN wogllaM Aq pa;noaxa;uawase9 'a •sexej `Aluno3 sozeJB}o spwooaN le!ot};O `££6 °6ed '89L 4 ewniop pue `086 a6ed `sVZE awnlon in papJoowJ suol;otw;saJ it!;no las se S;uawasea Ile pue Aue pue saw' 6u!pltng -p sexal `Aluno3 sozewg;o spJooaJ Ie1o1JO `L9Z 06ed `ibZ£ awnlon w papJooaJ ;mid uo paMas0J se sluawasea Ile pue Aue pue sau11 6ulpiing •o .puel ay;JO Awuns pue! alaidwoo pue a;BJnooe tie Aq pesoiostp eq pinonnley;awl ay;6ulloa};e aouelswnowto asJaApe JO `uot3e1JeA `uol;eloln`aouewgwnoua luawyoeoioua Auy 'q •sexal`Aluno3 sozeJB Jo spwooa i leloliJO'691 a6ed `96666 awnio/\ u1 papwooai `17602 '9 Aej uo sexal'A;uno3 sozeJB}o )Ja13 Aluno3 814330 aotl;O 844 44(M pwooaw J03 Pa113 lsnJi Jo paatj PIeS `.3'1'"1 `ANVdWO3 3O\O1210W AOJWV o3 algeAed `00'000`000`Z$to ins ledtoutwd ay;u! yIIMaJay;a;ep UOAO to a;ou auo to luewAed ayl 6utwnoas :1r60Z `0£ iudy peep`aa;snJl`1 1VHSNVVW -1/1130b1030 03'NW pue puegsny '1538 'rIaoio pue.1539 'f ANOH1NV Aq pa;noaxa ism'Jo paad 'e :( uogdaaxe siyl alalap Jo siallew pasul lsnw am) sJallew aLl;o aouaptna 6uuej.o Jo 6uileeJa sluawnoop agl;o swial lie pue sJallew 6u!mollol aqi 99996£66`£PLPPb£E 'ON A°!lod 9 ainpauaS;o uoilenutluo3 Continuation of Schedule B Policy No. 3344743-91316885 j. Lease for coal, lignite, oil, gas or other minerals, together with rights incident thereto, dated October 1, 1977, by and between Wellborn Road Limited, as Lessor, and Amalgamated Bonanza Petroleum, Ltd., as Lessee, recorded on January 6, 1978 in Volume 29, Page 398, of the Oil and Gas Lease Records of Brazos County, Texas. Reference to which instrument is here made for particulars. No further search of title has been made as to the interest(s) evidenced by this instrument, and the Company makes no representation as to the ownership or holder of such interest(s). k. Lease for coal, lignite,oil,gas or other minerals,together with rights incident thereto, dated January 17, 1984, by and between Wellborn Road Limited, as Lessor, and Inexco Oil Company,as Lessee, recorded on January 19, 1984 in Volume 642, Page 205, of the Official Records of Brazos County,Texas. Reference to which instrument is here made for particulars. No further search of title has been made as to the interest(s) evidenced by this instrument, and the Company makes no representation as to the ownership or holder of such interest(s). Lease for coal, lignite,oil, gas or other minerals, together with rights incident thereto, dated March 22, 1990, by and between Wellborn Road Limited, as Lessor, and The Great Texas Petroleum Co., Inc.,as Lessee, recorded on April 17, 1990 in Volume 1179, Page 17, of the Official Records of Brazos County, Texas; Amended and extension of primary term by instrument acknowledged on February 21, 1991, recorded in Volume 1239, Page 758, Official Records of Brazos County,Texas; Amended in instrument dated August 21, 1991, recorded in Volume 1321, Page 335, Official Records of Brazos County, Texas; Amended by instrument dated August 21, 1991, recorded in Volume 1323, Page 229, Official Records of Brazos County, Texas; Amended and extension of primary term by instrument dated February 2, 1993, recorded in Volume 1715, Page 286, Official Records of Brazos County, Texas; Amended and extension of primary term by instrument dated August 17, 1993, recorded in Volume 1912, Page 103,Official Records of Brazos County, Texas; and Extension of Primary Term and Ratification dated October 11, 1993, recorded in Volume 1944, Page 109, Official Records of Brazos County, Texas, extending primary term to April 22, 1994. Reference to which instrument is here made for particulars. No further search of title has been made as to the interest(s) evidenced by this instrument, and the Company makes no representation as to the ownership or holder of such interest(s). m. Lease for coal, lignite, oil, gas or other minerals, together with rights incident thereto, dated April 26, 1994, by and between Wellborn Road Limited, as Lessor, and Showdown Energy Corporation, as Lessee, recorded on July 1, 1991 in Volume 2149, Page 275, of the Official Records of Brazos County,Texas. Reference to which instrument is here made for particulars. No further search of title has been made as to the interest(s)evidenced by this instrument, and the Company makes no representation as to the ownership or holder of such interest(s). n. Lease for coal, lignite, oil, gas or other minerals, together with rights incident thereto, dated June 15, 1995, by and between Wellborn Road Limited, as Lessor, and Shield Petroleum Incorporated, as Lessee, recorded on August 3, 1995 in Volume 2409, Page 124,of the Official Records of Brazos County, Texas; Amended in instrument dated September 1, 1999, recorded in Volume 3611, Page 252, Official Records of Brazos County, Texas. Reference to which instrument is here made for particulars. No further search of title has been made as to the interest(s) evidenced by this instrument, and the Company makes no representation as to the ownership or holder of such interest(s). Form T-1 R: Residential Owner's Policy of Title Insurance One-to-Four Family Residences Page 5 0 Continuation of Schedule B Policy No.3344743-91316885 o. Any and all liens arising by reason of unpaid bills or claims for work performed or materials furnished in connection with improvements placed, or to be placed, upon the subject land. However,the Company does insure the Insured against Loss, if any, sustained by the Insured under this Policy if such liens have been filed with the County Clerk of Brazos County, Texas, prior to the date hereof. P. Liability hereunder at the date hereof is limited to$119,140.00. Liability shall increase as contemplated improvements are made,so that any loss payable hereunder shall be limited to said sum plus the amount actually expended by the Insured in improvements at the time the loss occurs. Any expenditures made for improvements,subsequent to the date of this policy,will be deemed made as of the date of this policy. In no event,shall the liability of the Company hereunder exceed the face amount of this policy. Nothing contained in this paragraph shall be construed as limiting any exception or any printed provision of this policy. q. Rights of Parties in Possession. r. All leases,grants, exceptions or reservations of coal, lignite, oil, gas and other minerals,together with all rights, privileges, and immunities relating thereto, appearing in the Public Records whether listed in Schedule B or not. There may be leases,grants exceptions or reservations of mineral interest that are not listed.diL.Coun -rsigned Title Comp y of Bra.+s County t ii IL Aut i.rized Countersignature Form T-1R: Residential Owner's Policy of Title Insurance One-to-Four Family Residences Page 6