HomeMy WebLinkAboutTitle CertificateAggieland Title Company
SUBSEQUENT TO CERTIFICATE
GF# 25430
PROPERTY DESCRIPTION:
See Exhibit "A" attached.
RECORD TITLE APPEARS TO BE VESTED IN:
Genesis Revelation, L.L.C.
THE STATE OF TEXAS )(
COUNTY OF BRAZOS )(
We, AGGIELAND TITLE COMPANY, hereby certify that we have carefully examined
the records in the Office of the County Clerk of Brazos County, Texas, and find nothing
of record affecting title to the above captioned lands subsequent to: September 23,
2009@ 12:47 pm
EXCEPT the following:
1. Partial Release of Lien dated September 21, 2009, from Brazos Valley Bank
NA to Gary Seaback, filed for record September 24, 2009, recorded in
Volume 9325, Page 1 of the Official Public Records of Brazos County, Texas.
(for 8461/124 DT)
2. Correction and re-recording of insured Deed of Trust dated September 21,
2009, from Genesis Revelation LLC to First Victoria National Bank, filed for
record October 6, 2009, recorded in Volume 9340, Page 128 of the Official
Public Records of Brazos County, Texas.
3740 Copperfield Drive, Suite 101 • Bryan, Texas 77802
P.O. Box 4233 • Bryan, Texas 77805
Phone (979) 731-8400 a FAX (979) 731-8408
3. Non -homestead Affidavit, disclaiming subject property as homestead,
executed by Richard J. Huffman and Susan K. Huffman, filed for record
October 6, 2009, recorded in Volume 9340, Page 148 of the Official Public
Records of Brazos County, Texas.
We find State Tax Liens, Federal Tax Liens, Abstracts of Judgment or Lis Pendens of
record against the above captioned property owner as follows:
None Found
This certificate is prepared and delivered with the express understanding and agreement,
evidenced by the acceptance hereof, that the undersigned is not rendering an opinion as to
the title to the lands under investigation herein, and while believing its construction of the
records as hereinabove set out to be true and correct, still will incur no liability beyond
the fee paid for this certificate by reason of such construction, nor will it be liable for any
error or omission of any kind whatsoever.
RECORDS searched to the 25`h day of January, 2010, at 7:00 o'clock a.m.
AGGIELAND TITLE COMPANY
BY: ta�
Abstracter: Carolyn Gaston
Continuation of Schedule A Policy No. TL 1438353
EXHIBIT "A"
Metes and bounds description of all that certain tract or parcel of land lying and being situated in the JOHN PAYNE
SURVEY, Abstract No.195, Brazos County, Texas. Said tract being a portion of the remainder of a called 35.880 acre tract
of land as described by a deed to Gary Seaback recorded in Volume 8461, Page 119 of the Official Public Records of Brazos
County, Texas.
Said tract being more particularly described by metes and bounds as follows:
BEGINNING at a 112 inch iron rod found on the north line of South Dowling Road (R.O.W. varies) marking the south corner
of said 35.880 acre tract and the southwest corner of the remainder of a called 65.865 acre tract of land as described by a
deed to J. C. Thompson, Jr., and wife, Teri D. Thompson recorded in Volume 3551, Page 193 of the Official Public Records of
Brazos County, Texas;
THENCE: Along the north line of South Dowling Road for the following calls:
N 40' 42' 47" W for a distance of 60.61 feet to a 1/2 inch iron rod found;
N 460 27' 14" W for a distance of 135.81 feet to a 1/2 inch iron rod found;
N 57' 48' 41" W for a distance of 919.33 feet to a 1/2 inch iron rod found marking the south corner of the remainder
of Lot 1, John Loggins Subdivision according to the Plat recorded in Volume 3340, Page 111 of the Official Public
Records of Brazos County, Texas;
THENCE: N 200 23' 23" E along the southeast line of said Lot 1 for a distance of 256.63 feet to a 1/2 inch iron rod found
marking the east corner of said Lot 1;
THENCE: S 81° 24' 05" E through said 35.880 acre tract for a distance of 947.30 feet to a 1/2 inch iron rod set on the
southwest line of said remainder of 65.865 acre tract marking the northeast corner of this herein described tract. For
reference, a 1/2 inch iron rod found marking the northeast corner of the remainder of said 35.880 acre tract bears: N 08' 35'
45" E for a distance of 1190.80 feet (this line used for bearing orientation honoring the deed call bearing as shown in said
deed, 8461/119);
THENCE: S 080 35' 45" W along the common tine of said remainder of 35.880 acre tract and said remainder of 65.865 acre
tract for a distance of 736.43 feet to the POINT OF BEGINNING, containing 10.703 acres of land, 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 of land is not a representation that such area or quantity is correct, but is made only for
informational and/or identification purposes and does not override Item No. 2 of Schedule B.
FORM T•2: Loan Policy of Title Insurance Page 3
Effective Date: June 22, 2009, 7:00 am
Commitment No.
(if applicable)
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
_ issued: July 6, 2009, 2:25 pm
1. The policy or policies to be issued are:
(a) OWNER'S POLICY OF TITLE INSURANCE (Form T-1)
(Not applicable for improved one -to -four family residential real estate)
Policy Amount: $300,000.00
PROPOSED INSURED: Genesis Revelation, LLC
(b) TEXAS RESIDENTIAL OWNER POLICY OF TITLE INSURANCE -
ONE -TO -FOUR FAMILY RESIDENCES (Form T-lR)
Policy Amount:
PROPOSED INSURED:
G.F. No. or File No. 25430
(c) LOAN POLICY OF TITLE INSURANCE (Form T-2)
Policy Amount: $225,000.00
PROPOSED INSURED: First Victoria National Bank
Proposed Borrower: Genesis Revelation, LLC
(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
3. Record title to the land on the Effective Date appears to be vested in:
Gary Seaback
4. Legal description of the land:
Metes and bounds description of all that certain tract or parcel of land lying and being situated in the JOHN PAYNE
SURVEY, Abstract No. 195, Brazos County, Texas. Said tract being a portion of the remainder of a called 35.880
acre tract of land as described by a deed to Gary Seaback recorded in Volume 8461,.Page 119 of the Official Public
Records of Brazos County, Texas.
Said tract being more particularly described by metes and bounds as follows:
BEGINNING at a 1/2 inch iron rod found on the north line of South Dowling Road (R.O.W. varies) marking the south
corner of said 35.880 acre tract and the southwest corner of the remainder of a called 65.865 acre tract of land as
described by a deed to J. C. Thompson, Jr., and wife, Teri D. Thompson recorded in Volume 3551, Page 193 of the
Official Public Records of Brazos County, Texas;
THENCE: Along the north line of South Dowling Road for the following calls:
N 400 42' 47" W for a distance of 60.61 feet to a 1/2 inch iron rod found;
N 460 27' 14" W for a distance of 135.81 feet to a 1/2 inch iron rod found;
N 57' 48' 41" W for a distance of 919.33 feet to a 1/2 inch iron rod found marking the south corner of the
Old Republic National Title Insurance Company Page 1
COMMITMENT FOR TITLE INSURANCE
SCHEDULE B
EXCEPTIONS FROM COVERAGE
In addition to the Exclusions and Conditions and Stipulations, your Policy will not cover loss, costs, attorneys' fees, and expenses
resulting from:
I The following restFieti-,e ee;ennnts of FeeeFd iternized belew (We must either insert speeifie recording data or delete this
elEeeptieR)_
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 2009, 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 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
Loan 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
Old Republic National Title Insurance Company Page 1
Continuation of Schedule A
G.F. No. 25430
remainder of Lot 1, John Loggins Subdivision according to the Plat recorded in Volume 3340, Page III of the
Official Public Records of Brazos County, Texas;
THENCE: N 200 23' 23" E along the southeast line of said Lot 1 for a distance of 256.63 feet to a 1/2 inch iron rod
found marking the east corner of said Lot 1;
THENCE: S 81' 24' 05" E through said 35.880 acre tract for a distance of 947.30 feet to a 1/2 inch iron rod set on the
southwest line of said remainder of 65.865 acre tract marking the northeast corner of this herein described tract. For
reference, a 1/2 inch iron rod found marking the northeast corner of the remainder of said 35.880 acre tract bears: N
080 35' 45" E for a distance of 1190.80 feet (this line used for bearing orientation honoring the deed call bearing as
shown in said deed, 8461/119);
THENCE: S 08' 35' 45" W along the common line of said remainder of 35.880 acre tract and said remainder of
65.865 acre tract for a distance of 736.43 feet to the POINT OF BEGINNING, containing 10.703 acres of land, 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 of land is not a representation that such area or quantity is correct, but is made
only for informational and/or identification purposes and does not override Item No. 2 of Schedule B.
Old Republic National Title Insurance Company Page 2
Continuation of Schedule B G.F. No. 25430
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.):
a. Easements or claims of easements which are not recorded in the public records of Brazos County, Texas.
b. Aerial Electric line and pole entering property from South Dowling Road; aerial guy line and pole toward
the south corner and telephone riser on the southwest boundary of property, all as shown on the survey
dated May 28, 2009, prepared under the supervision of Brad Kerr, RPLS No. 4502.
C. Right -of -Way Easement granted to City of Bryan by Joseph S. Osoba et al as set out in instrument dated
October 18, 1976, recorded in Volume 361, Page 226 of the Deed Records of Brazos County, Texas.
d. Right -of -Way Easement granted to City of Bryan by Robert K. and Charlene D. Strawn, dba Strawn Water
Gardens as set out in instrument dated October 22, 1999, recorded in Volume 3843, Page 11 of the Official
Public Records of Brazos County, Texas.
e. Mineral Reservation as set out in deed dated July 6, 1994 from Larry J. Ringer, John K. Kerver and Claude
E. Cooke, Jr. to Robert K. Strawn and Charlene D. Strawn d/b/a Strawn Water Gardens, recorded in
Volume 2156, page 67, Official Public Records of Brazos County, Texas. Title to this interest not investigated
subsequent to date of said instrument.
f. There is expressly excluded from coverage hereunder, and this Company does not insure title to oil, gas and
other minerals of every kind and character in, on and under the property herein described.
g. Rights of parties in possession.
Old Republic National Title Insurance Company Page 2