HomeMy WebLinkAboutTitle InsuranceSep,17. 2010 4:28PM University Title
TEXAS COMMITMENT FOR TITLE INSURANCE
No.4673 P. 4
SCHEDULE A
Effective Date: September 12, 2010 at 8:00 a.m.
Commitment Issued September 17, 2010, 8:00 a.m.
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: $ .
PROPOSEDINSURED:
CAL -TO, Inc.
(b) TEXAS RESIDENTIAL OWNER POLICY OF TITLE INSURANCE
- ONE -TO -FOUR FAMILY RESIDENCES (Form T-1R)
Policy Amount: $
PROPOSEDINSURED:
(c) MORTGAGEE POLICY OF TITLE INSURANCE (FORM T-2)
Policy Amount:
PROPOSEDINSURED:
Prosperity Bank
Proposed Borrower;
CALdo, Inc.
(d) TEXAS SHORT FORM RESIDENTIAL MORTGAGEE POLICY (Form T-2R)
Policy Amount; $
PROPOSED INSURED:
Proposed Borrower:
GF No. 00094736
(e) MORTGAGEE TITLE POLICY BINDER ON INTERIM CONSTRUCTION LOAN (Form T-13)
Binder Amount: $
PROPOSEDINSURED:
(f) OTHER:
Proposed Borrower:
Policy Amount: $
PROPOSEDINSURED:
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'
Ttvyla T. Benson, Tanya T. Baedeker, Dale Robert Icing, Executor of theEstate state of Robin T. King, Deceased and
Tina Marie Toler, Independent Administratrix of the Estate of Robert C. Toler, Deceased
University Title Company First American Title Insurance Company
Texas Commitment T-7 (Rev. 1-1-93) - Schedule A Valid Only it Schedule B, C, D mid Cover are attached
Sep.17. 2010 4:28PM University Title No.4673 P. 5
SCHEDULE A - continued
GF No. 00094736
4. Legal description of land:
See Exhibit A attached hereto and made a part hereof,
Sep.11, 2010 4:28PM University Title No.4673 P. 6
SCHEDULE B
GF No. 00094736
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:
1. Tile following restrictive covenants of record itemized below (We must either insert specific recording data or delete
this exception):
Item No.1, Schedule B, is hereby deleted.
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 litre of meats 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 2010, 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 it 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-211) 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 perforated in connection with planned conshuction 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 iseued.)
S. Liens and leases that affect the title to the land, but that ate 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 Fort 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).
University Title Company First American Title Insurance Company
Texas Commitment T•7 (Rev. IA•93) • Schedule B Valid Only if Schedule A, C, D and Cover are attached
Sep, 11. 2010 4:28PM University Title
No, 4673 P. 1
SCHEDULE B - coutinued
OF No. 00094736
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, Rights of Parties in Possession. (OWNER POLICY ONLY)
b. "All leases, grants, exceptions or reservations of coal, lignite, oil, gas and other minerals, together with all rights,
privileges, and immunities relating thereto, appearing hr 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 herein."
c. 25' buitding line on the northeast side; 7.5' building line on the southeast and northwest sides; 15' building line
on the southwest side; aerial electric line across the north comer; as shown on survey prepared on October 19,
2009, under the supervision of Brad Kerr, R.P.L.S. #4502.
d. Easement:
From:
Morris S. Burt
To:
F & B Pipeline Association
Dated:
June 1,1956
Recorded:
Volume 174, Page 229, Deed Records, Brazos County, Texas.
e, Blanket Easement:
From: James R. Saxon, et ux
To: City of Bryan
Dated: May 7,1949
Recorded: Volume 139, Page 10, Deed Records, Brazos County, Texas; as noted on survey prepared on
October 19, 2009, under the supervision of Brad Kerr, R.P.L.S. 44502.
f 10' Public Utility Easement:
From: Twyla T. Benson, at al
To: City of College Station
Dated: October 5, 2005
Recorded: Volume 7029, Page 216, Official Records, Brazos County, Texas; as shown on survey prepared on
October 19, 2009, under the supervision of Brad Kerr, R.P.L.S. #4502,
g. Easement:
From:
Twyla T. Benson
To!
Charles V. Mancuso
Dated:
October 19, 2009
Recorded:
Volume 9395, Page 259, Official Records, Brazos County, Texas,
h. Oil and Gas Lease, and all terms, conditions and stipulations therein:
Lessor: Robert W. Toler, at ux
Lessee: Robert Patton
Dated: March 27,1992
Recorded; Volume 1478, Page 1, Official Records, Brazos County, Texas. Title to said interest has not been
investigated subsequent to the date of the aforesaid instrument,
fflp
Sep, 17, 2010 4:29PM University Title No.4673 P. 8
SCHEDULE C
GF No, 00094736
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:
t. 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:
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, sub -contractors, 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 die 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. Item No. 2 of Schedule B hereof shall be amended to read "shortages in area", upon our receipt of an acceptable
survey. (As to Mortgagee Policy Only)
6. Item No. 5 of Schedule B hereof shall be amended to read "standby fees, taxes and assessments by any taxing
authority for the year 2010 and subsequent years, 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.", upon payment of applicable premium. (As to Mortgagee Policy
T-2 Only) (If Texas Short Form Residential Mortgagee Policy (T-211) 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.")
7. If requested in lenders closing instructions and all of our underwriting requirements are satisfied, we will issue the
T17 & T19 Endorsements, upon payment of ally applicable premiums. (As to Mortgagee Policy Only)
8. We will require an Affidavit as to Debts and Liens be signed and the original provided to us prior to issuance of any
title policies.
9. We will require a Waiver of Inspection (Rights of Parties in Possession) be signed by the Purchaser and the original
provided to us prior to issuance of any title policies.
10. We will require an original Tax Certificate be provided, showing all taxes paid current, prior to issuance of any title
policies. (If this transaction is not closing in our office, let us know if we need to order the tax certificate.)
II. ARBITRATION:
The Owner Policy of Title Insurance (Form T-1) and the Mortgagee Policy of Title Insurance (Form T-2) contain an
University Title Company First American Title Insurance Compan
Texas Coauniunent T•7 (Rev. 1-1.93) • Schedule C Valid Only ifSchedule,A, B, D and Cover are attache
Sep.11. 2010 4:29PM University Title
No, 4613 P. 9
SCHEDULE C - continued
GF No. 00094736
arbitration provision. It allows the Insured or the Company to require arbitration if the amount of insurance is
$2,000,000 or less, if the Insured wants to retain the right to sue the Company in case of a dispute over a claim, the
Insured must request deletion of the arbitration provision before the Policy is issued, The Insured may do this by
signing the Deletion of Arbitration Provision form and returning it to the Company at or before the closing of the real
estate transaction or by writing to the Company.
NOTE l: If you are the lender in the transaction and desire deletion of the Arbitration Provision, please inform us
through your loan closing instructions.
NOTE 2: This does not apply to Texas Residential Owner Policy of Title Insurance - One to Four Family
Residences. If you are the purchasers of non-residential property and desire the deletion of the Arbitration
Provision, a form will be presented to you at closing for execution.
12, If subject transaction will utilize a prior survey, we will require a full size, legible copy of said survey, with
the surveyor's field notes, if any. Upon receipt of the existing survey, we reserve the right to determine whether
said survey is acceptable for insuring purposes according to our underwriter guidelines.
NOTE: While a survey maybe acceptable for insuring purposes, all surveys are subject to final approval by lender.
13. Twenty-four Month Chain of Title;
We have examined the records of the County Clerk of Brazos County, Texas, as they are reflected in the
geographically indexed title plant of University Title Company and our records reflect that the following is a true and
correct list of DEEMS affecting title to the real property described supra for the preceding twenty-four months:
None of Record
Vesting Deed to owners shown herein was dated January 1,1999 and recorded in Volume 4136, Page 221,
Official Records, Brazos County, Texas.
Vesting Deed to owners shown herein was dated January 1,1999 and recorded in Volume 4136, Page 229,
Official Records, Brazos County, Texas.
Vesting Deed to owners shown herein was dated January 1,1999 and recorded in Volume 4136, Page 237,
Official Records, Brazos County, Texas.
Vesting Deed to owners shown herein was dated January 1,1999 and recorded in Volume 4136, Page 245,
Official Records, Brazos County, Texas.
14. Tina Marie Toler has qualified as Independent Administrahix of the Estate of Robert Clinton Toler, Deceased,
under Cause No. IA-2003-372, Probate Court, Brazos County, Texas. We will require the following:
a. Copies of the Application and Order of Sale, pursuant to the Texas Probate Code Sections 341- 346;
b. Copy of the Report of Sale, pursuant to die Texas Probate Code Section 353;
C. Certified copy of the Order Confimting Sale, pursuant to the Texas Probate Code Section 355;
d. Administrator's Deed that refers to and identifies the Order Confirming Sale of the subject
property, pursuant to the Texas Probate Code Section 356;
Company reserves the right to require subject transaction to be closed into escrow until the appeals period has
passed, In dne alternative, the following exception will appear in any title policies issued: "Rights of any interested
patty, by appeal or any other direct proceeding, to have set aside, modified or reversed, within the time allowed by
law, the judgment or decree entered in Cause No. IA-2003.372, styled: "The Estate of Robert Clinton Toler,
Deceased."
15. Seller to reserve all minetal rights, but waive surface use. 0
Sep,11. 2010 4:29PM University Title
SCHEDULE C
No, 4673 P. 10
University Title Company
M
Authorized Countersignature (JMP/rdt)
University Title Company
Texas Commioncnt T-7 (Rev. 14-93) -Schedule C
GF No. 00094736
First American Title Insurance Company
Valid Only if Schedule A, B, D and Cover ave attached
Seo, 17, 2010 4:29PM University Title No.4673 P. I
SCHEDULED
OF No. 00094736
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. UNDERWRITER: Fast American Title Insurance Company, a California corporation.
Shareholder owning or controlling, directly or indirectly, ten percent or more of the shares of First American Title Insurance
Company: wholly owned subsidiary of The First American Corporation, a public company
Directors: Gary J. Beban, J. David Chatham, William G. Davis, Craig I. DeRoy, James L. Doti, Lewis W. Douglas, Jr.,
Paul B. Fay, Jr., Donald P. Kennedy, Parker S. Kennedy, Gary L. Kermott, Thomas A. Klemetls, John W.
Long, Herbert B. Tasker, Frank E. O'Bryan, James M. Orphanides, Roslyn B. Payne, D. Van Shilling,
Virginia M. Ueberroth and Martin R. Wool
Officers: Chairman of the Board - Parker S. Kennedy; Vice Chairman of the Board - Donald P. Kennedy; President -
Gary Lewis Kermon; Vice President - Thomas A. Klemens; Vice President/Secretary and Corporate
Counsel - Mark R. Amesen; Vice President and General Counsel - Timothy P. Sullivan; Vice President and
Chief Financial Officer - John R. Thomas; Regional Vice President - Tom E. Blackwell
2. AGENT: UNIVERSITY TITLE COMPANY
a. The names of each shareholder, owner, partner or other person having, owning or controlling one percent (1%) or more of
the Title Insurance Agent that will receive a portion of the premium areas follows:
Celia Goode
William C. Lipsey
Michael R. Hoelscher
b, Each shareholder, owner, partner or other person having, owning or controlling ten percent (10%) or more of an entity that
has, owns or controls one percent (I %) or more of the Title Insurance Agent that will receive a portion of the premium are as
follows: not applicable
c. The following persons are officers and directors of the Title Insurance Agent:
Officers Directors
President - Celia Goode Celia Goode
Vice President - Michael R. Hoelscher Michael R. Hoelscher
Secretary/Treasurer - William C. Lipsey William C. Lipsey
3. You are entitled to receive advance disclosure of settlement charges in connection with the proposed transaction to which this
commitment relates. Upon you request, such disclosure will be made to you. Additionally, the name of any person, firnm or
corporation receiving any surri 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
$ 5,649.00
Mortgage Policy
100.00
Endorsement Charges
$ 561.50_
Total
$ 61310.50
Of this total amount: S or 15.00% will be paid to die policy issuing Title Insurance Company: s or 85.00% will
be retained by the issuing Title Insurance Agent, and the remainder of the esthnated premium will be paid to other parties as
follows:
Amount To Whom For Services
$
* The estimated premium is based upon information furnished to us as of the date of this Commitment for Title Insurance.
Feral determination of the amount of the premium will be made at closing in accordance with the Rules and Regulations adopted
by the Commissioner of Iusrunnce,
0
Sep.11, 2010 4:29PM University Title No.4613 P. 12
Exhibit A
Metes and bounds description of all that certain tract of land, lying and being situated in the J. E. Scott Survey, Abstract No.
50, College Station, Brazos County, Texas. Said tract being the portion of a called 10.15 acre tract of land as described by a
Deed to Twyla T. Benson recorded in Volume 4136, Page 217 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 Southwest line of Harvey Mitchell Parkway S. (R.O,W. Varies) marking the
East corner of this herein described tract and the North corner of Lot 1, Valley Park Center according to the Plat recorded in
Volume 7675, Page 282 of the Official Public Records of Brazos County, Texas;
THENCE S 420 22' 04" W along the common line of said 10.15 acre tract and said Lot 1 for a distance of 424.94 feet to a
concrete monument found marking the West corner of said Lot 1;
THENCE S 420 011 17" W for a distance of 163.17 feet to a concrete monument found on the Northeast line of a called 29.14
acre tract of land as described by a Deed to Texas A&M University recorded in Volume 1172, Page 308 of the (jfficial Records
reat
of Brazos County, Texas. Said monument found marking the South corner of this herein described t;
THENCE N 47010' 11" W along the Northeast line of said 29.14 acre tract for a distance of 20.15 feet to a 114 inch iron rod
found on the Southeast line of a 7.25 acre tract of land described as Tract Two by a Deed to GRQ Investments 11, LLC
recorded in Volume 8095, Page 25 of the Official Public Records of Brazos Comity, Texas; \%
THENCE N 42018' 39" E along the Southeast line of said 7.25 acre tract for a distance of 14097 feet to a 5/8 inch iron rod
found marking the East corner of skid 7.25 acre tract and the South corner of a 7,32 acre tract of land as described as Tract
One of said Deed, $095/25;
THENCE N 42914' 04" E along the Southeast line of said 7.25 acre tract for a distance of 208.28 feet to a 518 inch iron rod
found marking the East corner of said 7.32 acre tract; /
THENCE N 470 56' 49" W along the Northeast line of said 7,32 acre tract for a distance of 876.76 feet to it 5/8 inch iron rod
found marking the Northwest corner of this herein described tract. For reference, a 3" x 3" rack I d marking the
Northwest carrier of said 10.15 acre tract bears: N 479 56' 49" W for a distance of 654.11 feet;
THENCE N 42° 26' 45" E through said 10.15 acre tract for a distance of 290.72 feet to a 5/8 inch iron rod found on the
Southwest line of Harvey Mitchell Parkway S. marking the North corner of this herein described tract. For reference, a
concrete right-of-way marker found bears: N 460 21' 08" for a distance of 416.45 feet; V
THENCE along the Southwest right of way of Harvey Mitchell Parkway S. for the following calls;
S 46' 21' 08" E for it distance of 83.12 feet to a concrete right-of-way marker found; V/
S 44' 30' 04" E for a distance of 400.66 feet to a concrete right-of-way marker found; V
S 44' 22' 51" E for a distance of 413.64 feet to the POINT OF BEGINNING, containing 5.633 acres of land, more or less, as
surveyed on the ground October, 2009. See Plat prepared October, 2009, for more descriptive information. Bearing system
shown herein is based on grid North as established by GPS Observation.
Sep, 11. 2010 4:29PM University Title No.4613 P. 13
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 area or quantity is correct, but is made
only for informational and/or identification purposes and does not override Item 2 of Schedule B hereof,
UIR
2
5. 2010, 4:06
i e I a n d Title C
o. 1291—P. 2/1
Polley Number TR-08028058
Your Tale Insumnce Policy is a legal contract Su Ptliza do Segura de Thule as un contrat
between you and Old Republic National Title legal antra usted y Old Republic National The
insurance Company. This policy In not an Insurance Company. Este p6liza no as una
opinion or report of your title. It Is a contract of opinkin o reports on relacldn a Su tltulo de
Indemnity, meaning a promise to pay you or to propledad. Es un contrato de Indemnlf-
take other action 11 you have a loss resulting from Icacl6n, onto as, Ise promese de reembolsade
a covered title risk, o de tamer cualquler alto Ilpo de occldn sl
usted sulre una pdrdida coma resullado de
It applies only to an Improved one -to -four family cualquler rlosgo oubierto pot la p61128.
residential property or condominium unit If your
land Is not either of these, contact us Este forme do p6liza he sldo deslgnada pare
Immediately, ear utlllzada exctusivamenfe on too caeos de
propiedades . an Ise cuales hay construldes
vlviandas pars no min de cualro families o
unldades an condominlos. SI eu propledad no
as ninguna do ins anlerlores, pot favor,
notiffquenoe Inmedlatamonts,
We Insure you against certain risks to your land title. We list these risks on page 2. The following limit your coverage:
Exclusions on pages 2 and 3,
• Exceptions on Schedule B.
• Conditions on pages 3 and 4.'
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 Polley features, The Polley 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,
THETOLL-FREE NUMBER OF OLD REPUBLIC NATIONALTITLE INSURANCE COMPANY I81•888-878-1700, YOU MAY CALL THIS
NUMBER TO DISCUSS THIS POLICY OR TO MAKE A COMPLAINT, YOU MAY WRIYETO OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
AT THE ADDRESS IN SECTION 3 UNDER CONDITIONS ON PACE 3,
Policy Issuer: File Number: 24879
AGGIELAND'TITLE COMPANY
3740 COPPERFIELD DR,
SUITE 101
BRYAN, TX 77802 OLD REPUBLIC NATIONALTITLE INSURANCE COMPANY
PHONE: 979-731.8400 A Slodr Company
400 SecandAvenue South, Minneapolis, Minnesota 55401
(012) 071.1111
By
V V 2:�dcs Anent
Authorized Signatory
OTR ►ormT 1 R
Reeldeneel Owners Policy of TNs Insurance
Effective 0.1.2008
P/esldent
Secretary
Pogo 1
Aug. S. 2010� 4:01PM�Agg eland Title Co No, 1291 P, 3/11
Pape 2
TABLE OF QQ TN ENT8
PAGE
OWNER'S COVERAGE STATEMENT .....................
2
COVERED TITLE RISKS ................... . . . . . . . . . . . ...
2
OUR DUTY TO DEFEND AGAINST COURT CASES .......
2
SCHEDULE A ..........................................
INSERT
POLICY NUMBER, DATE AND AMOUNT
1. Name of insured
2. Interest in Land Covered
3. Description of the Land
SCHEDULE 8—EXCEPTIONS ..........................
INSERT
EXCLUSIONS . . .......................................
2 and 3
OWNE1111 C VIRAGE STATEMENT
This Polley insures your tills 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 Polley Date shown in Schedule A,
This document Is title Insurance, It Is not an opinion or report of your
tills. It Is a contract of Indemnity, meaning a promise to pay you or
to take other action If you have a lose resulting from a covered title risk,
Your Insurance under this contract Is limited by the following:
Exclusions on pages 2 and 3.
Exceptions In Schedule B, Insert,
• Conditions on pages 3 and 4.
We Insure you against actual loss resulting from:
• Any tills risks covered by this Policy — up to the Policy
Amount, and
• Any coats, 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.
This Polley covers the following tills risks subject to the Exceptions
(Schedule B, Insert) and Exclusions lip,.2 and 3), It they affect your
tide to the land on the Policy Date. We do not promise that there
are no covered risks. We do not insure you II there are covered tide 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, laud, duress,
Incompetency, Incapacity orImpersonation,
4. Restrictive covenants apply to your title.
8. There Is a Ilan on your title because of:
• a mortgage or deed of trust,
• ajudgment, tax, or special assessment, or
• a charge by a homeowner's or condominium association,
6. There are Ilene on your title for labor and material which
have their Inception before the policy date. However, we will not cover
Ilene for labor and material that you agreed to pay for.
7. Others have rights In your tills arising out of lessee,
contracts, or options,
PAGE
CONDITIONS, , , , , , ,, , , ,,,, 3 and 4
1. Definitions ...................—............... 3
2. Continuation of Coverage ................ r........ 3
3, Your Dulles If You Make a Claim . . . . . . ............. 3
4, Our Choices When You Nodly Us of a Claim ........ 3 and 4
S. Handling a Claim or Court Case ................... 4
8. Limitation of Our Llabllly, , , , , .. .... • ... 4
7, Transfer of Your Rights 4
B. Arbitration ....................................... 4
9, Entire Contract Provision 4
10. Complaint Notice ................. . . . . . . . ........ 4
S. 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 Ilene or encumbrances on your title.
This Policy also covers the following tills rlskl
You do not have any legal right of access to and from the land.
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 coats, attorneys'
fees, and expenses that we Incur In That defense. We will not 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 pages 3 and 4.
This Policy is not complete without Schedule& A and B.
EXCLUSIONS
In addition to the Exceptions In Schedule B, we do not Insure you
against loss, costa, attorneys' fees, and expenses reauhing from these
Exclusions:
1. We do not cover loss caused by the exercise of governmental
pollee 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 Polley
Date, However, there may be an Exception in Schedule B.
2. We do not cover the right to take the land by condemning
II, unless:
a, a notice of exercise of the right appears In the public
records on the Polley Date, or
b. the taking happened before the Policy Date and Is binding
on you II 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,
(Continued on ineldeWO flap)
No, 1291 P. 4/11
Aug. 5. 2010 4:07PM Agg;dand Title Co
(Continued from Inelde front flap)
b• that are known to you, but not to us on the Polley Date
unless they appeared in the public records,
c, that result In no loss to you, or
d, that first effect your title after the Polley Date— this does
not limit the labor and material Ilan coverage In Item 6
of the Covered Title Rieke,
4. We do not cover the effect of failure to pay value for your Iille,
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 tide (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 rechamcterized as a result of
equitable subordination;
c, was a preferential transfer unless
(1) the Company or Its Issuing agent Palled 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 unmarketebillty of the title.
8. We do not cover claims concerning the physical condition
of your lend or of the access to your land.
NQNDIIIDNS
1. DEFINITIONS
a, Actual Lose. This Is the difference between the value
of your land without the covered title risk and the value or your land
with the covered title flak. These values are the respective values at
the time you must furnleh proof of your loss.
b.13nnummt A deed or other conveyance of tills to you
or a prior owner,
c.. Easement A portion of your land someone ales has the
right to use for a special purpose.
d, Government Regulation, Any federal, state, or local law,
constitutional provision, regulation, ordinance, or guldellne.
a, Land. The land or condominium unit described In
Schedule A and any improvements on the land that are real property.
1. Knowledge or known. Actual knowledge, not constructive
knowledge or notice that may be imputed to an Insured by the public
records.
g, paoffM. A type of lien on the land. such as a deed
of trust or other security Instrument.
In. 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,
1.11118. The ownership Interest In the land, as shown In
Schedule A.
J. We us or our. The title Insurance company, This Is
Old Republic National This Insurance Company.
k.Ygg,ygu The Insured,
r . � � • u • 3d•IIldl�:Td�
We Insure you as long as you:
a. own your Title,
b. own a mortgage from anyone who buys your Tille, or
a are ]table for anyThle warranties you make.
Nape 3
We Insure anyone who receives your title because of your death.
We do not Insure your transferee or assigns.
You must follow this process to make a claim:
a. Wu Must Give lie Notice Of Your Claim
If anyone claims a right against your Insured title, you
must notify us promptly.
Send the notice to Old Republic National Title Insurance
Company, 400 Second Avenue South, Minneapolis, Minnesota 55401
or call 1.800-328.4441 and ask for a claims attorney. 11 you Initially
natty 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,
(1) you fall to give prompt notice, and
(2) your (allure affects our ability to dispose of or to
defend you against the claim.
Our obligation Is reduced only to the extent that your
failure effects our ability to dispose of or to defend you against the
claim.
b, You Must Give lie Proof of Ygpr Lose If We Recuest IL
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 loan. 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 beet of your
knowledge:
(1) the Covered Title Rieke 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 Panora We ieoe.
We may require you to show us your records, checks,
letters, contracts, and other papers that relate to your claim of lose.
We may make copies of these papers.
If you tell us this informetlon Is confidential, we will not
disclose It to anyone else unless we reasonably believe the disclosure
Is necessary to administer the claim.
d. )bu Must Answer Ousaffona Linder Oath.
We may require you to answer questions under oath.
e. Elfey� of Fellure to Cooperate,
Our obligation to you reduces or ends if you fall or refuse
to;
(1) (a) provide a statement of lose,
(b) answer our questions under oath, or
(a) 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,
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 41b.
(6) Cancel this policy by paying the Policy Amount, then
In force, and only those costs, attorneys' lase and expenses Incurred
up to that time that we are obligated to pay.
(Conbnuad on back flop)
Aug. 5. 2010 4:07PM Aggl-land Title Cc No• 1291 P. 5/11
(Continued from Inside back panel) 1 Pepe 4
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 II that covered title risk is valid and
not barred by law or statute. A covered title flak Is a title risk that
this Policy does not exclude or except.
II 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;
(1) Institute all necessary legal proceedings to clear the
title to the properly;
(2) Indemnify you pursuant to the terms of the policy;
(3) Issue a new title policy without making exception to
the covered tllle risk. II another Insurer Issues the new title policy
to your purchaser, lender or other translates without making excepllorl
to the covered title risk, we will Indemnify the other Insurer,
(4) Secure a release of the covered title risk.
c. ll we deny your claim, or any part of your claim, not
more than 15 days attar we deny the claim, we will;
(1) notify you In writing, and
(2) give you the reasons for denial of your claim In wrlgng.
You must cooperate with us In handling any claim or court
case and give us all relevant Information.
We must repay you only lot those settlement costa, attorneys'
fees and expenses that we approve In advance.
When we defend or eve 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 unlit your case is
finally decided. We do not agree that the matter Is a covered title
risk by defending.
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 lase.
It. It we remove the claim against your title with reasonable
diligence or lake other action under this policy after receiving 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, II 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. It 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 or your actions.
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 rlghts.You must let us use your name In enforcing these rights.
We will not be liable to you It we do not pursue these dghie
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,
It It Is permitted under Texas or federal law, you and we may
agree to arbitration when you its a claim.
The arbitration may decide any matter In dispute between you
and us.
Arbitration Is one means of allernalive dispute resolution. It
may lessen the time and cost of claims settlement. You may wish
to consider another form of medlatlon or use the court system. 11
you choose arbitration, you may give up some discovery rights and
your tight to sue.
The arbitration award may:
a. Include attorneys'feee If allowed by state law, and I 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 Polley Date.
The law used In the arbitration Is the law of the place where
the property Is located,
You can gat a copy of the Rules from us.
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 Polley
and Is subject to Its terms,
Aug. 5, 2010 4:07PM Agg;eland Title Co No. 1291 P. 6/11
IMPORTANT NOTICE
To obtain Information or make a complaint:
You may contact A9Aleland Title CoMRapy at 972.731-
8400.
You may call old Republic National Title Insurance Company's
toll -free telephone number for Information or to make a
complaint at:
1-8ee-678-1700
You may also write to Old Republic National Title Insurance
Company at:
400 Second Avenue South
Minneapolis, Minnesota 55401
Attn: Claims Department
You may contact the Texas Department of Insurance to obtain
Information on companies, coverages, rights or complaints at:
1-800.252-3439
You may write the Texas Department of Insurance:
P. 0, Box 149104
Austin, TX 78714-9104
Fax:(512) 475.1771
Web: fop•%/www.tdl state.jx.0
E-mail: ConsumerProteglionBbdi.state.tx.ur
PREMIUM OR CLAIM DISPUTES:
Should you have a dispute concerning your premium or about
a claim you should contact the Old Republic National Title
Insurance Company first., If the dispute is not resolved, you
may contact the Texas Department of Insurance.
ATTACH THIS NOTICE TO YOUR POLICY
This notice Is for Information only and does not become a part
or condition of the attached document.
AVISO IMPORTANTE
Para obtener Information o pare someter Una queja:
Puede cominicarse can su AgglgJand Title Company at
979-731.8400
Usted puede Ilamar al numaro de telefono gratis de Old
Republic National Title Insurance Company pare lnformaelon'o
pare someter Una queja al:
1-888.678-1700
Usted tamblen puede escriblr a Old Republic National Title
Insurance Company:
400 Second Avenue South
Minneapolis, Mlnnesota 55401
Attn: Claims Department
Puede comunlearse con el Departamento de Seguros de Texas
pars obtener lnformaclon acerca de companies, coberturas,
derechos o quejas al:.
1-800-252.3439
Puede escrlbir sl Departament de Seguros de Texas:
P. 0, Box 149104
Austin, TX 78714-9104
Fax,(512) 475-1771
Web: hag:/_Ippyw.tdl.stata.tx.us
E-mail: ConsumerPr6tection(�tdlstte.bc Us
DISPUTAS SOBRL PRIMAS 0 RECLAMOS:
SI Vane Una disputo'concernlente a su prima o a un reclamo,
dabs comunlcarse con Old Republic National Title Insurance
Company primero. SI no se resuelve la dlsputa, puede
entonces comunicarse con el departmento (TDI),
UNA ESTE AVISO A SU POLIZA: Este avlso es solo para
proposito de Information .y no se convlerte an parte o
condlclon del documento adjunto,
Aug. 5. 2010 4:08PM Agg;-land Title Co No.1291 P. 7/11
TEXAS RESIDENTIAL OWNER POLICY OF TITLE INSURANCE
ONE -TO -FOUR FAMILY RESIDENCES
SCHEDULE A
GY, No, 24879
Policy Number; TR 08028058
Policy Date: November 18, 2009, 03:36 pm
Policy Amount; $430,000.00
Premium: $2,605.00
1, Name of Insured: Charles V, Mancuso
2. We insure your interest in the land covered by this Policy is; Fee Simple as to Tract One; Easement Estate as to Tract
Two
3, Legal Description of land:
SEE ATTACHED EXHIBIT °A"
Old Republic National Title Insurance Company Page I
Aug. 5. 2010 4:08PM Agy;eland Title Co
No.1291 P. 8/11
Continuation of Schedule A
EXHIBIT "A"
Policy No, TR 08028058
Mates and bounds description of all that certain tract or parcel of land lying and being situated In the J. E. SCOTT SURVEY,
Abstract No, 50, College Station, Brazos County, Texas. Said tract being a portion of a called 10.15 acre tract as described by
a Deed to Twyla T. Benson recorded In Volume 4136, Page 217 of the Official Public Records of Brazos County, Texas.
Said tract being more particularly described by metes and bounds as follows:
BEGINNING at a 3" x 3" rock found on the southeast line of F & B Road (a County maintained Public Road) marking the
west corner of said 10.15 acre tract and the north corner of another tract of land as described by a deed to Twyla T. Benson
recorded in Volume 3351, Page 257 of the Official Public Records of Brazos County, Texas;
THENCE: N 420 26' 45" E along the southeast line of F & B Road for a distance of 267.65 feet to a concrete right-of-way
marker found; v,'
_. THENCE: N 87" 29' 03" E along the north line of said 10.15 acre tract, same being d transition line between F & B Road and
FM 2818 (Harvey Mitchell Parkway - variable width R.O.W.), for a distance of 67.67 feet to a concrete right-of-way marker
found on the southwest line of FM 2818; VZ 4
THENCE: S 440 04' 51" E along the southwest line of FM 2818 for a distance of 190.21 feet to a concrete right-of-way marker
found marking an angle point In said line;
THENCE: S 460 21' 08" E continuing along the southwest line of FM 2818 for a distance of 416.45 feet to a 5/8 Inch Iron rod
set marking the east corner of this herein described tract, for reference a concrete right-of-way marker found bears: S 460 21'
O8" E for a distance or83.12 feet;
THENCE: S 420 26' 49" W through said 10,15 acre tract for a distance of 290.7ffeet to a 5/8 inch iron rod met on the common
line of said 10.15 acre tract and said second Benson tract, for reference a 5/8 Inch Iron rod found marking the south corner of
said 10.15 acre tract bears: S 470 561 49" E for a distance of 976.76 feet; ✓ `
THENCE: N 471 $6' 49" W along the common line of said Benson tracts for a distance of 654.11 feet to the POINT OF
BEGINNING, contalning 4.50 acres of land, more or lass. „✓
A Fifteen foot (IS,) easement adjacent to Twenty foot (20') City of College Station public utility easement along northeasterly
property line of remainder of 10.15 acre tract described by a Deed to Twyla T. Benson recorded in Volume 4136, Page 217 of
the Official Public Records of Brazos County, Taxes. Said Twenty foot (20') College Station public utility easement being
described in instrument recorded in Volume 7029, page 216 of the Official Public Records of Brazos County, Texas,
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
Aug. 5. 2010 4:00PM Aggialand Title Co
No. 1291 P. 9/11
G.F. No. 24879
Policy No, TR 08028059
TEXAS RESIDENTIAL OWNER POLICY OF TITLE INSURANCE
ONE -TO -FOUR FAMILY RESIDENCES
SCHEDULER
EXCEPTIONS
We do not cover loss, costs, attorneys' fees and expenses resulting from:
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,
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, buys, 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.
5. Standby fees, taxes and assessments by any taxing authority for the year 2010, 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.
6. 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. Vendor's lien retained in deed dated October 19, 2009, recorded In Volume 9395, page 252, of the Official
Public Records of Brazos County, Texas from Twyla T. Benson, Tanya T. Boodeker, Dale Robert King,
Individually and as Executor of the Estate of Robin Dee Toler King, Deceased; and Tina Marts Toler,
Individually, and as parent and natural guardian of the Persons and Estates of Robert James Toler, Theresa
Marie Toler and Anthony Stephen Toler, Minor Children and as Independent Administratrix of the Estate of
Robert Clinton Toler, Deceased to Charles V. Mancuso for the benefit of Prosperity Bank as therein
provided and all of the terms, provisions and conditions of said Instrument.
b. Deed of Trust dated October 19, 2009, recorded in Volume 9395, page 270, of the Official Public Records of
Brazos County, Texas executed by Charles V. Mancuso to David Zalman, Trustee, for the benefit of
Prosperity Bank as therein provided, and all of the terms, provisions and conditions or said instrument,
Old Republic National Title Insurance Company Page 1
Aug. h. ZUIU 4;06YM Aggieland litle Uo No.1191 P• lU/11
Continuation of Schedule B Policy No. TR 08028058
C. Assignment of Rents, Leases, and Other Benefits dated October 19, 2009 by and between Charles V.
Mancuso, "Assignor" and Prosperity Bank, Assignee" recorded in Volume 9395, page 283, of the Official
Public Records of Brazos County, Texas.
d. Mineral Reservation as set out In deed dated October 19, 2009 from Twyla T. Benson, Tanya T. Boedekor,
Dole Robert King, Individually and as Executor of the Estate of Robin Dee Toler King, Deceased; Tine Marie
Toler, Individually and as parent and natural guardian of the Persons and Estates of Robert James Toler,
Therese Marie Toler and Anthony Stephen Toler, Minor Children and its Independent Adminfstratrix of the
Estate of Robert Clinton Toler, Deceased to Charles V. Mancuso, recorded In Volume 9395, page 252,
Official Public Records of Brazos County, Texas. Title to this Interest not Investigated subsequent to date of
said instrument.
e, Financing Statement filed November 19, 2009, as Instrument No. 09-0032155156 in the Uniform Commercial
Code Records of the Texas Secretary of State.
f, Easements or claims of easements which are not recorded in the public records of Brazos County, Texas.
g. Overhead electrical Tine and poles along F & B Road, as shown on the survey dated June 15, 2009, prepared
under the supervision of Brad Kerr, RPLS No. 4502, (Tract One)
h. Blanket Easement granted to The City of Bryan by James R. Saxon and wife, Dora Saxon as set out in
Instrument dated May 7, 1949, recorded in Volume 139, Page 10 of the Deed Records of Brazos County,
Texas, as noted on the survey dated June 15, 2009, prepared under the supervision of Brad Kerr, RPLS No.
4502.
i. Articles of Agreement and Water Pipe Line Easement as disclosed in Affidavit, by and between Burt S.
Norris, et al and F. & B. Pipeline Association, a voluntary unincorporated association, riled for record Juno 1,
1956, recorded in Volume 174, Page 228 of the Deed Records of Brazos County, Texas.
J. Easement granted to The City of College Station, Texas by Twyla T. Benson, Tanya T. Boedeker, Robert C.
Toler and Robin T, King as set out In Instrument dated October 5, 2005, recorded In Volume 7029, Page 216
of the Offlclsl Public Records of Brazos County, Texas. (Tract One)
k. Estate created by oil, gas and mineral lease granted to Robert Patton by Robert W. Toler and wife, Barbara
M. Toler by instrument dated March 27,1992, recorded In Volume 1478, Page 1 of the Offtclal Public
Records of Brazos County, Texas, and all terms, conditions and stipulations contained therein. Title to this
Jesse has not been investigated subsequent to date thereof.
1. 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.
in. Rights of parties in possession,
Countersigned
Aggleland Title Company
13 �S
Old Republic National Title Insurance Company page 2
Aug. 5, 2010 4:08PM
Aggialand Title Co
No. 1291
Old Republic National Title Ineura6e Company
Owner Policy Number: TR 08028058
G.F. No. 24879
PremlumAmount
RateRulee
Property
County
Liability
Date
Type
Code
1
2
3
4
5
6
7
3
52.605A0
1200
41
$430.000.00
11AM009
3210
0700
0710