HomeMy WebLinkAboutCommitment for Title InsuranceTEXAS COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
Effective Date: March 14. 1006 at 8:00 a.m.
Commitment issued December 1, 2008, 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:
(b) TEXAS RESIDENTIAL OWNER POLICY OF TITLE INSURANCE
- ONE -TO -FOUR FAMILY RESIDENCES (Form T-IR)
Policy Amount: $217,600.00
PROPOSED INSURED:
Alf .faffar d/b/a IMA Enterprises
(c) MORTGAGEE POLICY OF TITLE INSURANCE (FORM T-2)
Policy Amount: $196,600-00
PROPOSED INSURED:
The First National Trask of Bryan
Proposed Borrower:
.Ali.Iaffar d/bIs IMA Enterprises
(d) TEXAS SHORT FORM RESIDENTIAL MORTGAGEE POLICY (Form T-2R)
Policy Amount: $
PROPOSED INSURED:
Proposed Borrower.
OF No. 00061270
(e) MORTGAGEE TITLE POLICY BINDER ON INTERIM CONSTRUCTION LOAN (Form T-13)
Binder Amount: $
PROPOSEDINSURED:
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:
Ali Jaffar d/b/a IMA Enterprises
Lrnio-ersltv'i'itle Company Chicago Title Insurance Company
Texas Commitnent (Rev. 1-1-93)- Schedule A Valid Only if Schedule B and C, and Cover are atWhed
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SCHEDULE B
GF No. 00031270
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 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 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 2006, and subsequent years, and
subsequent taxes and assessments by any taxing authority for prior years due to change in land usage or ownership,
but not those taxes or assessments for prior years because of an exemption granted to a previous owner of the
property under Section 11.13, Texas Tax Code, or because of improvements not assessed for a previous tax year. (If
Texas Short Form Residential Mortgagee Policy (T-2R) is issued, that policy will substitute "which become due
and payable subsequent to Date of Policy" in Iieu of "for the year _ and subsequent years.")
6. The terms and conditions of the documents creating your interest in the land.
7. Materials famished 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 ownen(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.)
S. Liens and leases that affect the title to the land, but that are subordinate to the lien of the insured
mortgage.(Applies to Mortgagee Policy T-2 only.)
9. The Exceptions from Coverage and Express Insurance in Schedule B of the Texas Short Form Residential
Mortgagee Policy (T-2R). (Applies to Texas Short Form Residential Mortgagee Policy (T-2R) only. Separate
University Title Company
Chicago "Fitle Insurance Company
Texas Coaunianent(Rev,1-1-93)- Schedule R Valid Only if Schedule A and C, and Cmera`e attached
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SCHEDULE C
OF No. 00061270
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:
1. Documents creating your title or interest must be approved by us and must be signed, notarized and filed for
record.
2. Satisfactory evidence must be provided that:
- 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 the validity and
priority of the insured mortgage.
3. You must pay the seller or borrower the agreed amount for your property or interest.
4. Any defect, lien or other matter that may affect title to the land or interest insured, that arises or is filed after the
effective date of this Commitment.
5. Item No. 2 of Schedule B bereofshall 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 2006 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 1 1.13, Texas Tux 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-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.")
7. If requested in lenders closing instructions and all of our underwriting requirements aaze satisfied, we will issue the
T17 & T19 Endorsements, upon payment of any applicable premiums. (As to Mortgagee Policy Only)
S. 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.
% 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.)
C-niversity 7'itic Company
Chicago Title insurance Company
Te xas Commitrnem (Rev. 1-1-93)-Schedule C Valid Only if Schedule A and B, and Cover are attached
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SCHEDULE D
GF No. 0006 €270
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. Disclosure of: CHICAGO Tff LE INSURANCE COMPANY, a Missouri Corporation
a, The Shareholders owning or controlling, directly or indirectly, ten (l0o/o), or more of the shares of Chicago Title
Insurance Company: CHICAGO TITLE AND TRUST COMPANY, an Illinois Corporation
b. The names of the Directors of Chicago Tittle Insurance Company:
Christopher Abbinante, Ronald R. Maudsley, Erika Meinhardt, Raymond R. Quirk, Burton J. Rain, Ernest D. Smith,
Alan L. Stinson, Frank P. Willey and Thomas E. Evans
c. The names of the Officers of Chicago Title Insurance Company:
Chairman of the Board, President and Chief Executive Officer: Raymond R. Quirk
Executive Vice President:Christopher Abbinante
Vice President and Secretary: Fernando Velez, Jr.
Vice President and Treasures: Patrick G. Farenga
2. Disclosure of University Title Company, a Texas Corporation
a. The names of each shareholders, owner, partner or other person having or controlling one percent (10/6) or more of the
Title Insurance Agent that will receive a portion or the premium as follows:
Celia Goode
William C. Lipsey
Michael R. Hoelscher
b. Each shareholder, owner, partner, or other person having or controlling I0 percent (10%) or mom of any entity that has,
owns or controls one percent (1%) or more of the Title Insurance Agent that will receive a portion of the premium as
follows: not applicable
c. If the agent is a corporation, the names of any directors, president, executive or senior vice president, secretary and
treasurer if any of the Title Insurance Agent are as follows:
Celia Goode, President and Director
Michael R. Hoelscher, Vice President and Director
William C. Lipsey, Secretary/Treasurerand Director
3. You are entitled to receive advance disclosure of settlement charges in connection with the proposed transaction to which this
commitment relates. Upon your request, such disclosure will be made to you. Additionally, the name of any person, fun or
corporation receiving any sum from the settlement of ibis transaction will be disclosed on the closing or settlement statement
You are further advised that the estimated title premium* is:
Owners Policy
Mortgage Policy
Endorsement Charges
Total
University'ritle Company
$ 1520.00
$ 100.00
$ 120 29
$ 1,740.20
chicaM1a Yide insurance 6" onaprny
Texas Comniment (Rev. 1.1-93)- Schedule D Valid Only if Schedule A, B and C. and Cwer are attached
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TEXAS COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
Effective Date: ;March 14, 2006 at 8:00 a.m.
Commitment issued December I, 2008, 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: $
PROPOSED INSURED:
(b) TEXAS RESIDENTIAL OWNER POLICY OF TITLE INSURANCE
- ONE -TO -FOUR FAMILY RESIDENCES (Form TAR)
Policy Amount: $10,710.00
PROPOSED INSURED:
IMA Enterprises
(c) MORTGAGEE POLICY OF TITLE INSURANCE (FORM T-2)
Policy Amount V8300.00
PROPOSED INSURED:
The First National Bank of Bryan
Proposed Borrower:
IMA Enterprises
(d) TEXAS SHORT FORM RESIDENTIAL MORTGAGEE POLICY (Form T-2R)
Policy Amount: $
PROPOSED INSURED:
Proposed Borrower:
GF No. 00002'7
(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:
fMA Enterprises
Uniaersl(y Title Company
Texas Commi[mentT-7 (Rw, 1-1-93) -Schedule A
Fimf',mericau Title rnsuranee Company
Valid Only if Schedule 13, C, D and Coveram attached
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SCHEDULE B
OF No. 00061273
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:
I. The 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 riven and streams, lakes, bays,
gulfs or oceans, or
b, to lands beyond the line of the harbor or bulkhead lines as established or changed by any government, or
c. to filled -in lands, or artificial islands, or
d. to statutory water rights, including riparian rights, or
e. to the area extending from the line of mean low tide to the line of vegetation, or the rights of access to that
area or easement along and across that area.
(Applies to the Owner Policy only.)
5. Standby fees, taxes and assessments by any taxing authority for die year 2006, and subsequent years, and
subsequent taxes and assessments by any taxing authority for prior yeas 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 Tccr 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 yeas.")
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 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-211). (Applies to Texas Short Form Residential Mortgagee Policy (T-211) only. Separate
University Title Company
First :tmeuican Title Insurance Company
Texas Commdmera T-7 (Rev. 1-1-93) - Schedule 13 Valid Only if Schedule A. C, D and Cover are attached
(A'INO .l'JI'IOd-SgmmO)-uolssassod ul $a!Vud3o s39%1I 'e
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SCHEDULE C
GF No, 00061273
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:
1. Documents creating your title or interest must be approved by us and must be signed, notarized and filed for
record.
2. Satisfactory evidence must be provided that:
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 the validity and
priority of the insured mortgage.
3. You must pay the seller or borrower the agreed amount for your property or interest.
4. Any defect, lien or other matter that may affect title to the land or interest insured, that arises or is filed after the
effective date of this Commitment.
5. 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 Gray)
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 2006 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 Tar Code, or because of
improvements not assessed for a previous tax you.,,, upon payment of applicable premium. (As to Mortgagee
Policy T-2 Only) Of 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.")
7. If requested in lenders closing htstructions and all of our underwriting requirements are satisfied, we will issue the
T17 & TI9 Frrdorsements, upon payment of any applicable premiums. (As to Mortgagee Policy Only)
& 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 its know if we need to order the tax certificate.)
Oniversity Title Company
First :Ametican Title Tusut ante C:nmpany
Texas CommitmentT-7 (Rev. 1-1-93) - Schedule C Valid Only ifScheduleA, B, D and Ceveram attached
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`tuttp t jano auidstp a}o asuo ut ,SusdwoO atp ans of nya'!j ayi uteiaa o; slutm pajnsui ag1} { 'ssal 10 000'000' I$
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:NOI}.1hf.L1921w 'II
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panulluoa - 3 a-M(IaHas
SCHEDULE D
OF No. M4I612?3
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:
First American Title Insurance Company, a California corporation.
Shareholder owning or controlling, directly a 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. Behan, 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. Klemens, John W.
Long, Herbert B. Tasker, Frank E. OBryan, James M. Orphanides, Roslyn B. Payne, D. Van Skilling, 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 Kemtott; 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: UNIV.F;RSITY I'ITLECO101PANY
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 are as 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 (1%) or more ofthe Title Insurance Agent that will receive a portion of the premium are as
follows: notappiicable -
a The following persons are officers and directors ofthe Title Insurance Agent
Officers
Directors
President- Celia Goode
Celia Goode
Vice President - Michael R. Hoelscher
Michael k Hoelscher
Secretaryfrreasurer- 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 your request, such disclosure will be made to you. Additionally, the name of any person, fiat or
corporation receiving any sum from the settlement of this transaction will be disclosed on the closing or settlement statement.
You are further advised that the estimated title premium* is:
Owners Policy S 920.00
Mortgage Policy S 100.00
Endorsement Charges S 93.10
Total $ 1.113,10
Of this total amount: $ or 15.00%will be paid to the policy issuing Title Insurance Company: $ or 85.00%will
be retained by the issuing Title insurance Agent, and the remainder of the estimated premium will be paid to other parties as
follows:
Amount
TO Whom
For Services
S
S
S
" The estimated premium is based upon information furnished to us as of the date of this Commitment for Title Insurance.
Final determination ofthe amount ofthe premium will be made at closing in accordance with the Rules and Regulations adopted by
the State Board of Insurance.
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V ll4gx3
TEXAS COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
Effective Date: June 25, 2008 at 8:00 a.m.
Commitment issued December 1, 2008, 8:00 a.m.
I. 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: $43,000.00
PROPOSED INSURED:
Ali .laffar
(b) TEXAS RESIDENTIAL OWNER POLICY OF TITLE INSURANCE
- ONE -TO -FOUR FAMILY RESIDENCES (Form T-IR)
Policy Amount: $
PROPOSED INSURED:
(c) MORTGAGEE POLICY OF TITLE INSURANCE (FORM T-2)
Policy Amount: $
PROPOSED INSURED:
Proposed Borrower:
(d) TEXAS SHORT FORM RESIDENTIAL MORTGAGEE POLICY (Form T-2R)
Policy Amount: $
PROPOSED INSURED:
Proposed Borrower: -
GF No. 00082202
(e) MORTGAGEE TITLE POLICY BINDER ON INTERIM CONSTRUCTION LOAN (Form T-13)
Binder Amount $
PROPOSEDINSURED:
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:
Ida B. Thompson Moore, 011ie B. Thompson, Life Estate lnterest and as Trustee Aw and :Ali
J'affar
Univemity Title Company
Texas Commimront (Rev. 1-1A3) - Schedule A
Fidelity Nmional Tithe Iosuranee Company
Valid Only if Schedule B wd C, and Cover are attached
q-iuoq
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panu„uoa - V 2 IRQ3H3S
:puv[;o uoudiaos p jv3a1 'q
SCHEDULER
GF No. 00082202
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. The 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,
govemments 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 emending from the line of mean low tide to the line of vegetation, or the rights of access to that
area or easement along and across that area.
(Applies to the Owner Policy only.)
5. Standby fees, taxes and assessments by any taxing authority for the year 2008, and subsequent years, and
subsequent taxes and assessments by any taxing authority for prior years due to change in land usage or ownership,
but not those taxes or assessments for prior years because of an exemption granted to a previous owner of the
property under Section 11.I3, 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 yews")
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 ownec(Applies to the Mortgagee
Title Policy Binder on Interim Construction Loan only, and may be deleted if satisfactory evidence is furnished to
us before a binder is issued.)
8. Liens and leases that affect the title to the land, but that are subordinate to the lien of the insured
mortgage.(Applies to Mortgagee Policy T-2 only.)
9. The Exceptions from Coverage and Express Insurance in Schedule B of the Texas Short Form Residential
Mortgagee Policy (T-2R). (Applies to Texas Short Form Residential Mortgagee Policy (T-2R) only. Separate
University Tide Company
Fidelity NatiunA Tide Insurance (:nmpany
Texas Commitment (Ray. 1-1-93) - Schedule B Valid Only if Schedule A and C, and Coyer are attached
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'Zoo B'Td"d `=)I
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:(uopdaaxa su11 aialap ao sionew
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ZOUSO( "oNdO
panagaoa - 9 a'M( MHDS
SCHEDULE C
cF No. 00082202
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:
1. Documents creating your title or interest must be approved by us and must be signed, notarized and filed for
record.
2. Satisfactory evidence must be provided that:
no person occupying the land claims any interest in that land against the persons named in paragraph 3 of
Schedule A,
all standby fees, taxes, assessments and charges against the property have been paid,
- all improvements or repairs to the property are completed and accepted by the owner, and that all
contractors, subcontractors, laborers and suppliers have been fully paid, and that no mechanic's, laborer's
or materialmen's liens have attached to the property,
- there is legal right of access to and from the land,
(on a Mortgagee Policy only) restrictions have not been and will not be violated that affect the validity and
priority of the insured mortgage.
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)
G. Item No. 5 of Schedule B hereof shall be amended to read "standby fees, taxes and assessments by any taxing
authority for the year 2008 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 1113, 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 Pol icy (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.")
7. If requested in lenders closing instructions and all of our underwriting requirements are satisfied, we will issue the
T 17 & TI9 Endorsements, upon payment of any 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.)
university Title company
Fidelity National'Titie insurance Company
Texas Ocaunianent (Rev. 1-1.93) -Schedule C Valid Only irSchedule A and B, and Cover are attached
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pan m;uoa - a YM(Ianas
SCHEDULED
GF No. 00082202
Pursuant to the requirements of Rule P-21, Basic Manual of Rules, Rates and Forms for the writing of Tile Insurance in the State
of Texas, the following disclosures are made;
L The following individuals are Directors and/or Officers of FIDELITY NATIONAL TITLE INSURANCE COMPANY:
DIRECTORS OFFICERS
Alan L. Stinson Alan L. Stinson
Chief Executive Officer/C.E.O
Raymond R. Quirk Raymond R. Quirk
President
Anthony J. Park Joseph W. Grealish
Executive Vice President
Anthony J. Park
Chief Financial Officer
Patrick G. Farenga
Sr. Vice President/Treasurer
Todd C. Johnson
Sc Vice President/Secretary
Fidelity National Financial, Inc. owns 100% of Fidelity National Title Insurance Company.
2. The following disclosures are made by the Title Insurance Agent Issuing this Commitment:
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 are as 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 (1 a/u) or more of the Title Insurance Agent that will receive a portion of the
premium are as follows: not applicable
a 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(1'reasurer- 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 your request, such disclosure will be. made to you. Additionally, the name of any person, firm or
corporation receiving any sum from the settlement of this transaction will be disclosed on the closing or settlement statement
You are further advised that the estimated title premium* is:
Owner Policy $ 469.00
Mortgagee Policy $
Endorsement Charges $
Total $ 469.00
C?nlve:siiy't'itte Company
Fidelity National Title Insuramee (:nxnpany
Teav Commimmamtt(Rev. 1-1-93)-Scledule D Valid Only if ScheWeA, 5 and C, and Coveram auached
Payaene axesano0 PM'OPgs 8'V ZjFPRaS3! APO PIIeA
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ZUZZB000'OR d0
a aTI(laHas
Exhibit n
l.,ot Twenty-nine (Z9), Work One (1), F. S. Kapchiaskils Sabdivision, City of College Statlon. according eo plan (tcereof
recorded in Volume "Y", Page 618A of the lMechanic's Lien Records of Brazos County, Texas.
TEXAS COMMITMENT FORTITLE INSURANCE
SCHEDM A
Effective Date: Januai7 2% 2006 at 8:00 a.m.
Commitment issued December 1, 2008, 8:00 am.
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: $70.000.00
PROPOSED INSURED:
Ali 3affar
(b) TEXAS RESIDENTIAL OWNER POLICY OF TITLE INSURANCE
- ONE -TO -FOUR FAMILY RESIDENCES (Form T-1 R)
Policy Amount: $
PROPOSED INSURED:
(c) MORTGAGEE POLICY OF TITLE INSURANCE (FORM T-2)
Policy Amount: $56.000.00
PROPOSED INSURED:
First National Bank of Bryan
Proposed Borrower.,
All Jaffar
(d) TEXAS SHORT FORM RESIDENTIAL MORTGAGEE POLICY (Form T-2R)
Policy Amount: $
PROPOSEDINSURED:
Proposed Borrower:
Oct.
9 5�
OF No. 00053209
(e) MORTGAGEE TITLE POLICY BINDER ON 11,1TERIM 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:
Sable'Ventures Limited aflrfa Sable. Ltd. - Tract One
AU Jaffar-'Trart'rwo
University'ritie Company First Amerman Title Insaranee Company
Texas Co iin=AT-7(Rev. 1-1-93)-ScheduleA Valid Only irSchedule B, C, Dand Cowrareattached
SCHEDULE A - continued
GF No. 00953204
4. Legal description of land:
See Exhibit A attached hereto and made a part hereof
SCHEDULE B
OF No. 000..53209
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:
I. The 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 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 2006, and subsequent years, and
subsequent taxes and assessments by any taxing authority for prior years due to change in land usage or ownership',
but not those taxes or assessments for prior years because of an exemption granted to a previous owner of the
property under Section 11.13, Texas Tax Code, or because of improvements not assessed for a previous tax year. (If
Texas Short Form Residential Mortgagee Policy (T-2R) is issued, that policy will substitute "which become due
and payable subsequent to Date of Policy" in lieu of "for the year _ 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 Mortgagee Policy T-2 only.)
9. The Exceptions from Coverage and Express Insurance in Schedule B of the Texas Short Form Residential
Mortgagee Policy (T-2R). (Applies to Texas Short Form Residential Mortgagee Policy (T-2R) only. Separate
University "Ifitle Company
Firgt American Title Insurance Company
Texas Commitment T-7 (Rev. t-1-93) - Schedule ti Valid Only if Schedule A, C, D and Cover are atmched
SCHEDULE B - continued
OF No.00053209
exceptions I through 8 of this Schedule B do not apply to the Texas Short Form Residential Mortgagee Policy (T-
2R).
10. The following matters and all terms of the documents creating or offering evidence of the matters (We must insert
matters or delete this exception):
a. Rights of Parties in Possession. (OWNER POLICY ONLY)
b. 25' building line on the northwest side; 20' building line on the southeast side; 7.5' building line on the
southwest and northeast sides: as shown on survey prepared on January 26, 2006, under the supervision of
Brad Kerr, R.P.L.S. 444502. (Tract One)
c. Fence ties outside the property on the southeast side of the property, as shown on survey prepared on January
26, 2006, under the supervision of Brad Kerr, R.P.L.S. 44502. (OWNER POLICY ONLY) (Tract One)
SCHEDULE C
GF No. 0053209
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:
1. Documents creating your title or interest must be approved by us and must be signed, notarized and filed for
record.
2. Satisfactory evidence must be provided that:
- 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 materiaimen's liens have attached to the property,
there is legal right of access to and from the land,
(on a Mortgagee Policy only) restrictions have not been and will not be violated that affect the validity and
priority of the insured mortgage.
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 2006 and subsequent years, but not those faxes 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 Shot 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.")
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 any 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 tide 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 tine tax certificate.)
University Title Company
First American Title insurance Company
Texas CommitmentT-7 (Rev. 1-1-93) -Schedule C valid Only ifScheitzle A, B, D and Coverare attached
SCHEDULE C - continued
OF No. 091I53209
11. ARBITRATION:
The Owner Policy of Title Insurance (Form T-1) and the Mortgagee Policy of Title Insurance (Form T-2) contain
an arbitration provision. It allows the Insured or the Company to require arbitration if the amount of insurance is
$1,000,000 or less. If the Insured wants to retain the right to sue the Company in rase 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 1: Ifyou 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. 11'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. For a copy of the
underwriting guidelines, please call our office.
NOTE: While a survey may be acceptable for insuring purposes, all surveys are subject to final approval by lender.
13. The following note is for information purposes only:
The following deed(s) affecting said land were recorded within the last twelve (12) months of the effective date of
this commitment: None
Vesting Deed to owners shown herein was dated January 9, 1996 and recorded in Volume 2516, Page 217, -
Official Records, Brazos County, Texas. (Tract One)
Vesting Deed to owners shown herein was dated December 15,1995 and recorded in Volume 24", Page 133.
Official Records, Braws County, Texas. (Tract One)
14, Prior to closing, furnish a copy of the Limited Partnership Agreement of Sable Ventures Limited a!h!a Sable,
Ltd.. We will also require proof that Sable Ventures Limited adda Sable, Ltd., a Limited Partnership, has filed
its Articles of Limited Partnership with the appropriate state authority. Additional requirements may be made
upon examination.
University Title Company
By:
AatlwriZedCoamass18Mtme(PPF rdn)
SCHEDULE D
GF No. M053209
Pursuant to the requirements of Rule P-21, Basic Manual of Rules, Rates and Fors for the writing of Title Insurance in the State
of Texas, the following disclosures are made:
I. UNDERWRITER: First 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 L DeRoy, James L. Doti, Lewis W. Douglas, Jr.,
Paul B. Fay, Jr, Donald P. Kennedy, Parker S. Kennedy, Gary L. Keanott, Thomas A. Klemens, John W.
Long, Herbert B. Tasker, Frank E. O'Bryan, James M. Orphanides, Roslyn B. Payne, D. Van Skilling, 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 Kermott; Vice President - Thomas A. Klement; Vice President(Secretary and Corporate Counsel
- Mark K Amesen; Vice President and General Counsel - Timothy P. Sullivan; Vice President and Chief
Financial Officer - John IL Thomas; Regional Vice President - Tom E. Blackwell
2. AGENT: 3;NIN'ERSrr)(I'ITLE CO!vIPANY"
a. The names of each shareholder, owner, partner or other person having, owning or controlling one percent (I%) or more of the
Title Insurance Agent that will receive a portion of the premium are as follows:
Celia Goode
William C. Lipsey
Michael R. Hoelscher
b. Each shareholder, owner, partner or other person having, owning or controlling ten percent (I00/n) or more of an entity that
has, owns or controls one percent (1%) or more ofthe Title Insurance Agent that will receive a portion of the premium are as
follows: not applicable
c. The following persons are officers and directors ofthe This Insurance Agent:
Officers Directors
President - Celia Goode Celia Goode
Vice President - Michael R. Hoelscher Michael R. Hoelscher
Secretaryfrreasurer - 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
connnitment relates. Upon your request, such disclosure will be made to you. Additionally, the name of any person, firm or
corporation receiving any sum from the settlement ofthis transaction will be disclosed on the closing or settlement statement.
You are further advised that the estimated title premium* is:
Owners Policy $ - 661.00
Mortgage Policy $ 100.00
Endorsement Charges
Total $ 839A0
Of this total amount: $ or 15.00% will be paid to the policy issuing Title Insurance Company: $ or 85.00010 will
be retained by the issuing Tide Insurance Agent, and the remainder of the estimated premium will be paid to other parties as
follows:
To Whom For Services
Amount
$
$
* The estimated premium is based upon information furnished to us as of the date of this Commitment for Tide Insurance.
Final determination of the amount of the premium will be made at closing in accordance with the Rules and Regulations adopted by
the State Board of Insurance.
Exhibit A
Tract One:
Lots Thirty (30), Thirty-one (31) and Thirty-two (3Z), Block One (1), 1`. S. Kupchincki's Subdivision, City of College Station,
according to plat thereof recorded in Volume " Y", !'age 61 SA of the INeechanic's Lien Records of Brazos Coonty,'i'exas.
Tract Two:
Lot'ieventeen E1?), S3lex•k One (1 ), F. S. Pioixhint•ki`s Seshdiv'ssiott, 4:iYy of Cailegc Statiezn, arcoe•dinK to plat ehereof recorder
in Valume "i"'. Page Fii SA of the Mecbanic's Lien Records of Be acoe Coonty,'i"czar.
�061
GF Number: 00084383
Effective Date: November 17, 2008
Examiner. LFL
NOTHING FURTHER CERTIFICATE
STATE OF TEXAS
COUNTYOFBRAZOS
THIS IS TO CERTIFY: That 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 as to the following property, to -
wit:
Lot Seventeen (17), Block One (1), F. S. Kopchincld's Subdivision, City of College Station,
according to plat thereof recorded in Volume "Y", Page 618A of the Mechanic's Lien Records of
Brazos County, Texaa
and that our records reflect that the following is a true and correct list of documents affecting title to the real property
described supra between the dates of November 22, 2006 and November 17, 2008:
General Warranty Deed:
Cinnabar.
Ali Jatfar
Grantee:
FI Partners, Ltd., a Texas limited partnership
Dated:
November 22, 2006
Recorded:
Volume 7708, Page 96, Official Records, Brazos County, Texas.
This certificate is issued with the express understanding, evidenced by the acceptance of same that the undersigned
does not undertake to give or express any opinion as to the validity of the title to the property above, but is simply
reporting briefly herein as to the instruments listed above found of record pertaining to said property, and it is
expressly understood and agreed that this Certificate is neither a guaranty nor warranty of the title. By acceptance of
this Certificate it is understood that the liability of the issuer hereof is expressly limited to the actual monetary
consideration paid for same. We have not made any examination as in property taxes, tax suits, special assessmems
or conflicts.
University Title Company
yl f
GF Number: 00084384
Effective Dace: November 17, 2008
Examiner. LEL
NOTHING FURTHER CERTIFICATE
STATE OF TEXAS
COUNTY OF BRAZOS
THIS IS TO CERTIFY: That 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 as to the following property, to -
wit:
Lot Thirty (30), Block One (1), F. S. Kopchineld's Subdivision, City of College Station, according to
plat thereof recorded in Volume "Y", Page 618A of the Mechanic's Lien Records of Brazos
County, Texas.
and that our records reflect that the following is a true and correct list of documents affecting title to the real property
described supra between the dates of November 22, 2006 and November 17, 2008:
General Warranty Deed
Grantor: Ali Jaffar
Trustee: FI Partners, Ltd., a Texas limited partnership
Dated November 22, 2006
Recorded: Volume 7708, Page 96, Official Records, Brazos County, Texas.
This certificate is issued with the express understanding, evidenced by the acceptance of same that the undersigned
does not undertake to give or express any opinion as w the validity of the title to the property above, but is simply
reporting briefly herein as to the instruments listed above found of record pertaining to said property, and it is
expressly understood and agreed that this Certificate is neither a guaranty nor warranty of the title. By acceptance of
this Certificate it is understood that the liability of the issuer hereof is expressly limited to the actual monetary
consideration paid for same. We have not made any examination as to property taxes, lax suits, special assessments
or conflicts.
University Title Company
P I
6 .C,.0�i
�VA
p
OF Number. 000938M
Effective Date: August 24, 2009
Examiner. LW
NOTEaNG FURTBER CERTIFICATE
STATE OF TEXAS
COUNTY OF BRAZOS
THIS IS TO CERTIFY: That 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 as to the following property, to -
wit:
Lots Thirty (30), Thirty-one (31) and Thirty-two (32), Bloch One (1), F. S. Kopchindd's
Subdivision, City of College Station, according to plat thereof recorded in Volume "Y", Page 618A
of the Mechanic's Lien Records of Brazos County, Texas.
and that our records reflect that the following is a true and correct list of documents affecting title to the real property
described supra between the dates of November 1, 2008 and August 24, 2009:
Warranty Deed with Vendor's Lien
Oranmc FI Partners, Ltd.
Grantee: Ali Jaffar
Dated: April 29, 2009
Recorded: Volume 9072, Page 56, Official Records, Brazos Comity, Texas.
Deed of Trust to secure a Now:
Grantor.
Ali Jatfar
Trustee:
Cully Lipsey
Beneficiary:
FI Partners, Ltd.
Amount
S125,000.00
Dated:
April 29, 2009
Recorded:
Volume 9072, Page 58, Official Records, Brazos County, Texas.
This certificate is issued with the express understanding, evidenced by the acceptance of same that the undersigned
does not undertake to give or express any opinion as to the validity of the title to the property above, but is simply
reporting briefly herein as to the instnmtents listed above found ofreworl pertaining to said property, and it is
expressly understood and agreed did this Certificate is neither a guaranty norwarranty ofthetitle. Byaccepmnceof
this Certificate it is understood that the liability of the issuer hereof is expressly limited to the actual monetary
consideration paid for same. We have not made my exammation as to property taxes, tax suits, special assessments
or conflicts.
University Title Company
i
01-IS1
ci-q otq
c16z5
01A
GF Number. 00093820
Effective Date: August 24, 2009
Examiner: LBJ
NOTHING FURTHER CERTIFICATE
STATE OF TEXAS
COUNTY OF BRAZOS
THIS IS TO CERTIFY: That 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 as to the following property, to -
wit:
Lots Thirty (30), Thirty-one (31) and Thirty-two (32), Block One (1), F. S. Kopchindd's
Subdivision, City of College Station, according to plat thereof recorded in Volume "Y", Page 618A
of the Mechanic's Lien Records of Brutus County, Texas.
and that our records reflect that the following is atme and correct list of documents affecting title to the real property
described supra between the dates of November 1, 2008 and August 24, 2009:
Warranty Deed with Vendor's Lien
Grantor. FI Partners, Ltd.
Grantee: Ali JaMir
Dated: April 29, 2009
Recorded: Volume 9072, Page 56, Official Records, Brazos County, Texas.
Deed of Trust to secure a Note:
Grantor.
Ali Jaffar
Trustee:
Cully Lipsey
Beneficiary.
FI Partners, Ltd.
Amount:
S125,000.00
Dated:
April 29, 2009
Recorded:
Volume 9072, Page 58, Official Records, Brazos County, Texas.
This certificate is issued with the express understanding, evidenced by the acceptance of same that the undersigned
does not undertake to give or express any opinion as to the validity of the title to the property above, but is simply
reporting briefly herein as to the instruments listed above found ofrecord pertaining to said property, and it is
expressly understood and agreed that this Certificate is neither a guaranty nor warranty ofthe title. By acceptance of
this Certificate it is understood that the liability of the issuer hereof is expressly limited to the actual monetary
consideration paid for same. We have not made any examination as to property taxes, tax suits, special assessments
or conflicts.
University Title Company
V'j, 141
4,00
OF Number. 00093819
Effective Daze: August 24, 2009
Examiner. LBd
NOTHING FURTHER CERTIFICATE
STATE OF TEXAS
COUNTY OF BRAZOS
THIS IS TO CERTIFY: That 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 as to the following property, to -
wit
Lots Twenty-three (23) and Twenty-eight (28), Block One (I), F.S. Rapchinsld's Subdivision, City
of College Station, according to plat thereof recorded in Volume "Y", Page 618A of the Mechanic's
Lien Records of Brazos County, Texas.
and that our records reflect that the following is a true and correct list of documents affecting title to the real property
described supra between the dates of November 1, 2008 and August 24, 2009:
None of Record
This certificate is issued with the express understanding, evidenced by the acceptance of same that the undersigned
does not undertake to give or express any opinion as to the validity of the title to the property above, but is simply
reporting briefly herein as to the instruments listed above found of record pertaining to said property, and it is
expressly understood and agreed that this Certificate is neither a guaranty nor warranty of the title. By acceptance of
this Certificate it is understood that the liability of the issuer hereof is expressly limited to the actual monetary
consideration paid for same. We have not made any examination as to pmpertyraxes, tax suits, special assessments
or conflicts.
University Title Company
By:
(rdfl
(IF Number. 00093891
Effective Date: August 37, 2009
STATE OF TEXAS
COUNTY OF BRAZOS
THIS IS TO CERTIFY: That we have examined the records ofthe County Clerk of Brazos Couny, Texas as they
are reflected m the geographically indexed title plant of University Title Company as to the following property, to
wit:
Metes and bounds description of all that certain tract or parcel of land being a portion of Lot 24,
Block 1, F. S. Kapchiuski Subdivision, according to the plat recorded in Volume Y, Page 168-A, of
the Mechanic's Lien Records of Brazos County, Texas.
Said tract being more particularly described by metes and bounds as follows:
BEGINNING at a lead ping and tack found on the southwest line of Park Place marking the
common corner of said Lot 24 and Lot 25, Block 1, for reference a 1" square iron bolt found
marking the east corner of Lot 27, Block 1, bears: S 47' 31' 14" E fora distance of 243.78 feet;
THENCE S MP 09' 21" W along the common line of said Lot 24 and Lot 25 fora distanceof 195.27
feet to a 5/8" von rod found marking the south corner of this herein described tract;
THENCE N W 04 03" W through said Lot 24 for a distance of 56.95 feet to a 5/8" iron rod found
on the common line of said Lot 24 and Lot 23, Block 1;
THENCE N 50° 51. 26" E along the common lien of said Lot 24 and Lot 23 for a distance of 194,15
feet to a lead plug and tack found marking the common corner of said Lot 24 and Lot 23;
THENCE S 47° 31' 14" E along the southwest line of Park Place for a distance of 54.73 feet to the
Point of Beginning, containing 0.248 of an acre of land, more or less, as surveyed on the ground
December, 1998.
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.
and that our records reflect that the following is a true and correct list of documents affecting title to the real property
described supra between the dates of November 18, 2008 and August 31, 2009:
None of Record
This certificate is issued with the express understanding, evidenced by the acceptance ofsamethm the undersigned
does not undertake to give or express any opinion as to the validity of the title to the property above, but is simply
reporting briefly herein as to the instruments listed above found ofrecord pertaining to said property, and it is
expressly understood and agreed that this Certificate is neither a guaranty nor warranty of the title. By acceptance of
this Certificate it is understood that the liability ofthe issuer hereof is expressly limited to the actual monetary
consideration paid for same. We have not made any examination as to property taxes, tax suits, special assessments
or conflicts.
■
University Ville Company
1'
G Numbtr. 000Wn
Sfferave Dam: Novemhaly, ZOOS
Fym,ioc JINP
Kiel v t IQ
SEAM OF TFXAS
C VU yOF BRAZ0.4
TEBS [S TO CBRT]FY: That wehaxe�inedlha remNt ofWe Cowry Gedc ofBrems CAwry,Toms mthry
ammBeaed lthe gaogapbf®By iodexadu0aplaot ofVNvesOyTitle Campa¢yssm do foilowmgpropnty, m-
wS
Moth and bound dueriptioe of all that remain tract or parcel of Iand being a pordom of La 24,
Bich 1, F.S. EapchiraU Subdivhion, acoarling to the plat r.mrded a Volume Y, Page G&A, of
fhe Meebarde's Lkn 8eeoeds a Beaune Co.my, Tama
SaN tract btiug more par0mlariy descmbd by mein and bound[as fa.:
BEGINNING at a lead ph, and cod f000d on the covOwest hat of Park Play ccrl r, the
ammo. mmar of coil I.ot 21 and Lot A RMc 1, for ref ence a 3" square lean Dolt towd
marking thc east mrmer a Lot W7 Matic 1, hears, Sdr 31414" Ef a dotance of263.n feet
1HBNCE S 50' 09' 21" E along the mumon iiveoftaid for 26 and Lot 25 fore distance a19Si1
feet to 54" iron rod farad mark'mg the sm& mruer ofthis hecea described tract
THENCE N 4606' U, W throvo said Lot 2 fora dOm.ce a56.95 feu to a M., hro. rod found
ou the common tin rfasA La Land LotA Birk 11
THA.'NCEN WSI, M., E.long the no®o. 0wofsoW Lot U.md Lot 23 era dhmuccof MIS
fact 1. fdplug and cock found narkag Wo to®o. mraer amm 1,ot26 and W W;
THENCE S ar Ml IV E Flog the moOwmt la.of a Place fa rUmanee a 50.T3 tat mfhe
Point a Begtovag, contaaag 01a0 a m ace of lsmd, more or kin; and Yaow. idly ss 1626
Pa& laoe.
NO -. The Company k peohibitedfrom hrmrl.g tho.rea or quantityofthe bad dmmfbml Dena.
Any ihmmeut to the shove legal derariptim ofthc am or gamtity of lend is cat eepreaeoamae
tha caeh cow or tacomty k came., bat k made only for alraadoml a.Nor idraffiutim
porpmea
and tree oar rands roft tat the following u.m. and toner[ Bstadoammmb afGrtmgtOo to Poe ran pmputy
&aaaed supra baleen the daps cf J.w 3% ZOOS and Narmnber 10, 2000:
Warranty Iked ofMtra:
Ormuor:
Smkes Corporation
Otwtee:
]MA E.taprix
11ateE:
J.m3,2005
R000rdM
Vohwe Mo. Page 13S. O1fml Ra»Na, Bcamz Canty, Tans.
1 ofTluatmureaallotc
AEJalbrr dNhlMA Eueerprcm
Tn vet
maryGrmmr:
..Tacker
Bmrdofmy:
C14baukima,NA
Aroamt
9b,500.00
Llttd:
Jma30.2005
Avaad3
Vohwa6T30, Page 141, Otfickllkcordt, Btazm County, Tams.
RA—ss
From:
Cihb Tesav,NA
T.
Ail Tsttardrola IIdA EukrPrke
Dared:
Fobrosry 17,2006
Rvtaded:
VolmwT .Poge25,OBetalRamda.Ihams Coaaty.Twm. (Rd'asevDadaIrrmt
xmrdW a Va®e623Q PageldF, Offidat ReeoN;liner[ Comty,Tma.)
Decimationa7him
From:
miahr
T.
TMpbuge
Much 2T, 2006
Raa ded:
Recora
Vohuw'l125, Page 30, ORItialRdads,Buus Comuy, T.
�l
Deed oI11uR to umoe a Noc
(bavmr. A Ttbyx dlb/a RdARo4rprises
numa Tbmeby Kltrym
Bwe.6Wuy: 1Le FintxatwvW BaakofBryav
Aamuoe 559QD00.00
DatN: March i>, 2006
Recndcd Vohwe>225,Pw2d, 0Hirlal Records, Hawos Coumy,Tms
Ass�pe ofCowattfw Comacm
Dated Ma V,2006
Recorded: VOhme=2 ,Page dB, OS Reeotds,ertes Cowry, Tams
Terns, Covdilioos, eod Stpile m the Submdwrim AVa by and 6etwew:
Mertes JI.M SnRders ma The PSrstNationatBankofBrym
Deed: March 2'1,2W6
Recorded: Volwa>226, Page S>.00ktal Records, Brazes Canmy, T.
x Hmo<yteadAffidavit
Flom: Ag J.Ja
To: The Poblic
Dosed: March 27, 2006
Recorded: VolmveT ,Pegs 6q O1 1 Records, Bmzes Cwmty, Texas.
BWldets and Me Wtmfel Lien Contract
Owe AB J. Jaffar
Convezmr. SS89 u0ders
Amount SSgP,800.00
DaleB: MaNt2>, 2006
Accorded: VohweT225,Page>0, O0"ida[Recmd; Banes Cowry, Tons.
Commewwwt Affidmv:
Rom: ABataffm
Ta: TheP bim
,2006 Dated: Volt M
Volume RecoNW: 7136, Page 115, OPlklal Records, Bremc Caonty, Texas
Mechwifsandbf.ftmlmmbAffidavitanda ofLiw:
Pales Rris%aratms vs.Ali tatter
Amowe YS,SBR00
Remtdah JWy ta2DD6, vohwe>4Gg, Page z08,olIfWalRmnds, Hmms eonory, Texan.
Deed of ]Yost to .tenue n xotc
Orwmr: A r
Twtea IkvW. PWS P. Stltwarte
BwefiWmy. Morlgsge BlerUon&ReprtraCw Systems, Ln: C'M6R2"h mlety sa nomvua fora AM,
LLC
Amwmt. 5303,2D0.00
Dasei Aog 2U06
RewNed: Voumo75e>568,Page>6, OffiWalRuords, ermos Cowry, Texas
Partal Relearn:
Prom trnat NatiooalBmkofBryan
To: AB Safiar
Dated: Omober23, Z006
Recorded: Volume>659, Page tl2, OBiWei RewNs etmos Cowry, Texas.
Thucesd6mm iaissnMwiQt the expces wdory dm evaimcM bytha aaePravta of..n,. dmtthe wd=ippN
dar mrwdesmke m give or capmss mtyopmiov as to �x diryoffl title Wfie pmpmy above, bobs shnyly
aprning boat3y hertm as m Te msmmema 4smd above touvd of record pa,*mg m said gopwy, and A k
r+PteslY wdrmoodaWagradthattbis Cetdfiea¢¢neithaagvaswrynorwavamy ofthe rifle, ey aezaPrwcc of
skis C<rtifiotpa ismrdersWodthmffieliab'Rry offiens�haeofisapresely Rmirat4 theacomlmovemry
coasibaetionpaidfwsama weleaem[emdeatry examaerionasmpmparym s.ta<wm. spesuluuemtevts
orcovflicb.
m
M POLICY OF TrrLE INSURANCE
SCHEDULE A
ISSUED SIMULTANEOUS WITH POLICY NO.9493-156017
GF No.: 00051421
Date of Policy June 14, 2005 at 2:56 P.M.
i. Name of Insured:
IMA Enterprises
2. The estate or interest in the land that is covered by this policy is:
Fee Simple
3. Title to the estate or interest in the land is insured as vested m:
IMA Enterprises
4, The land referred to in this policy is described as follows:
Policy No. 8343-15945
Amount of Insurance $35,000.00
Preminm $413.00
Metes and bounds description of all that certain tract or parcel of land being a portion of Lot 24, Block 1, R S.
Kapchinski Subdivision, according to the plat recorded in Volume Y, Page 168-A, of the Mechanic's Lien Records
of Braes County, Texas.
Said tract being mom particularly described by metes and bounds as follows:
BEGINNING at a lead plug and tack found on the southwest Hoe of Park Place marking the common comer of
said Lot 24 and Lot 25, Block 1, for reference a 1" square iron bolt found marking the east comer of Lot 27,
Block 1, bears: S 47' 31' 14" E for a distance of 243.78 feet;
THENCE S 50° 09' 21" W along the common lime of said Lot 24 and Lot 25 for a distance of 195.27 feet to a 5/8"
iron rod found marking the south comer of this herein described tract;
THENCE N 46° 04 03" W through said Lot 24 for a distance of 56.95 feet to a 518" iron rod found on the common
line of said Lot 24 and Lot23, Block 1;
THENCE N 50° $1' 26" E along the common lien of said Lot 24 and Lot 23 for a distance of 194.15 feet to a lead
plug and tack found marking the common comer of said Lot 24 and Lot 23;
THENCE S 47° 3111411 E along the southwest line of Park Place for a distance of 54.73 feet to the Point of
Beginning, containing O.M of an acre of land, more or less, as surveyed on the ground December, 199&
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 hemoE
University Title Company
TcxasO T-i(ft .1-1-93)-Sc6edkA
Alamo Title Insurance
Valid Only ifSdudule B sad CDva an o hed
SCMDULE B
OF No.: 00051421
Policy No.: $343-15945
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys fees or expenses) that
arise by reason of the terms and conditions of the leases or easements insured, if any, shown in Schedule A and the
following matters:
1. The following restrictive covenants ofrecord itemized below (the Company must either insert specific recording data
a 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 ofimprovemaa-
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,
bays, gulfs or oceans, or
b. to lands beyond theline of the harbor or bulkhead lines as established or changed by any government, or
c_ to filled -in Inds, or artificial islands, or
d. to statutory water rights, including riparian rights, or
a to the area extending from the line of mean low tide to the line of vegetation or the right 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 2005, 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 ovmer of the property under
Section 11.13, Terns Tax Code, or because of improvements not assessed for a previous tax year-
6- The following matters and all terms of the documents crening or offering evidence of the matters (the Company
must insert matters or delete this exception):
a. Vendors Lien retained inDeed:
C4 tor:
Stokes Corporation
(hantee:
IMA Enterprises
Dated:
Jane 3, 2005
Recorded:
June 14, 2005, Volume 6730, Page 138, Official Records, Brazos County, Texas.
Additionally secured by Deed of Trost:
Grantor-. Ali Jaffar D/B/A MA Enterprises
Trustee: Mary C. Tacker
Amount $26,500.00
Beneficiary: Citibank Texas, MAL, a National Banking Association
Dated: June3,2005
Recorded: June 14, 2005, Volume 673%Page 141, Offcial Records, Brazos County, Texas.
b. Rights of Parties in Possession.
University Title Company
Tema Owner T-1 (Rev. 1-1-93)-ScheduleB
Alamo Title Insurance
Valid Only ifSd¢dWcA and Coverers# ed
SCHEDULE B - continued
GF No.: 00051421
Policy No.: 8343-15945
c. 25' building line on the northeast and southwest sides; 7.5building line on the southeast and northwest sides;
electric lime on the northeast side; al] as shown on survey prepared on December 9, 1998, under the supervision
of Brad Kerr, RP-L.S. 94502.
University Title Company
By:
Ata mr=d CwatusignaWrc
OF Number. 00093=
Effective Date: August 25,2009
Examiner. ARB
NOTHING FURTHER CERTIFICATE
STATE OF TEXAS
COUNTY OF BRAZOS
THIS IS TO CERTIFY: That we have examined the records of the County Clerk of Brains County, Texas as they
are reflected in the geographically indexed title plant of University Title Company w to the following property, to
wit
The Southwest 12 of Lot Twenty-four (24), Block One (1), F.S. ISopehinWs Subdivision, City of
College Station, according to plat thereof recorded in Volume "Y", Page 619A of the Mechanic
Lien Records of Brains County, Texas.
and that oar records reflect thatthe following is atrue and correct list ofdocuments affecting title to the real property
described supra between the dazes of November 1, 2M and August 25, 2009:
None of Record
This certificate is issued with the express understanding, evidenced by the acceptance of same that he undersigned
does not undertake in give or express any opinion as to the validity ofthe title to the property above, but is simply
reporting briefly herein as to the instruments listed above found of record pertaining to said property, and it is
expressly understood and agreed that this Certificate is neither a guaranty nor warranty of the title. By acceptance of
this Certificate it is understood that the liability of the ismerbereof is expressly limited to the actual monetary
consideration paid for same. We have not made any examination as to property taxes, tax suits, special assessments
or conflicts.
University Title Company
ize
OFNmoba gh0s 7
BBtttive Ihtc November l'I,2go8
Itxmaov: JDfY
NOTMNG
STAT OFT'ERAS
CODNTYOFBBAZOS
THIS M TO CBETB'Y: Thetwehave mmived the aemNs ofWc CowrytlukofBmm Comdy, Tesas as dsY
arc re8awd in dm geopapbkaymdeaed pl &Unh-=ky Tide Campmy m m ahefvllowmgPmpe W,�
wie
Thesoomwmt Ire of Lot Twenry-bmrya), B oneaN as Hnp na,adY swnd:.isbw (xq of
Cohege smnw, aemrdtvgm pBtthenofraatded m Vohwe , page 638A ofthe m .%
fiveBnmdaofBraaoa Coomy, Tm a bdnaampardrndmly dmmbdm follow%
ft&W IN6. salt mthe Northwest Bve ofthe.d,ve dosmdtmdoflmmd whichatake
is S 531rz W. 194 feet from the North corn¢ o[said tncR and s m the Sa�lmef Bve ofHatdo
HiBYhaa o[bnQ
THENCE S 5312 W. wib Hack HBI's Sootheaalive Isa tea asN mrver at the Wct comer of
the4aa oflmmdde 3edoethe abonmmdomd Deed;
THBNCESaSE Sg kammd come astakebrcower,
THENCE N. 531l2 B 399 [cet and mwa a sake for mwa;
THENCE N. 453M W S 4M fort¢ ds lgaao[Be�mmg,mmnmmgaoe bmW otaoe(L¢aae,
more arkex; andl locaSyae1626Apaek
NOTE The Compmmy$proifb4W from mmmg Wemmmgmotity oftbeland desnbed hereiv.
Any atatmoent k be above kgd dmcapdon ofthe aaea m gaamhy ofland tr na a npmemadon
that surd arm or gmvBty s mrreet, bays made ody for usbrmmlooal mdkr (dwBamtlmm
pmpma.
avdbaeomaeemdsm[lecttlwilmfalloffig"vaweavdoosratlmeofdocmmeaH«.wg thle m 0 watpopaty
do bcd mpnbeneeenehe dabs ofaebr�mr915, 2006mdFovrmbc 17,2M:
Wormy Deed of'tly¢
Greeter.
fficHOBk, Jr.,ebl
Omvtee:
ABJatb IDfABotcprise
Dated:
is
aebrasry2006
R<m,dcd:
Volouw'l1"66,Pago102,OD'irlsl Eecads, &erns Cowry>Tues.
Derlmbm atDriveasy:
Prom:
ABJaBar
To:
ThePobllc
Dam:
2T, 2606
Bccocded:
Vo Vobms'R25, Page30, OfBdalBecmdS Hmms Cowry, Teaac
Deed of Trost
m aeeme a Nac
aIDdAEvtvprtsa
Ts :
TbwMy. N.Wy
Tlmoby N.Eryan
Heotlieiay:
Be.di
ThefNatfaoal Havkafarymm
Amoffi
SSgb,mpgd,
Dined:
March 27, 2006
Hecothd:
Volmm7225, Page 3d, DBidat Bemnls,Hwa Coumy. Teaac.
Said Nmbemg additiamllywaned byA.9i offnosmm&mCaffiaaa:
Dakd:
Maaeh2] M6
ReroNW:
Volnan 7225. Page 48. OS,cal Rem�dS Bmme Comy. T.
T® Coo&dom, sod Sbpalatioos in the Svbmdimtioa Agee byffibetmza
Pasds
The phstNatlomlBavko[Brymm
Dated:
muavdersand
tduah T/, 20P6
Remcdrd
Vahmme TpS, Page S/.018da18<sotda. Bama CbomY. Texm.
IS
TEXAS OWJAR POLICY OF TITLE INSURANCE
SCHEDULE A
ISSUED SIMULTANEOUS WITH POLICY NO.7210143-716Mll Policy No. 7210043-71668800
GF No.: 00060947 Amount of Insurance $106,260.00
Date of Policy March 30, 2006 at 3:48 P.M. Premitm $906.00
L Name of Insured:
Ali Jaffar d/b/a IMA Enterprises
2. The estate or interest in the land that is covered by this polity is:
Fee Simple
3. Title to the estate or interest in the land is insured as vested in:
Ah Jaffar d/b/a IMA Enterprises
4. The land referred to in this policy is described as follows:
See Exhibit A attached hereto and made a part hereof.
UniversityTitle Company Chicago Tide Insurance Company
Texas Owuer T-J (Rev. 1-1-93)-Schedule A Valid Only ifSchedaie B aMCmecahe naeucd
Exhibit A
The Southwest 1/2 of Lot Twenty-four (24), Block One (1), F.S. Kopchincld's Subdivision, City of College Station, according to
plat thereof recorded in Volume "Y", Page 618A of the Mechanic's Lien Records of Brazos County, Texas, and being more
particularly described as follows:
BEGINNING at a stake set on the Northwest line of the above mentioned tract of land which stake is S. 53 1/2 W. 194 feet
from the North corner of said tract, and is in the Southeast line of Hattie Hill's tract of land;
THENCE S. 53 W W. with Hattie Hill's Southeast line 194 feet and comer at the West comer of the tract of land described in
the above mentioned Deed;
THENCE S. 45 E 59 feet and comer a stake for comer,
THENCE N. 53 1/2 E 199 feet and comer a stake for comer;
THENCE N. 451/4 W 57-3/4 feet to the Place of Beginning, containing one fourth of one (114) acre, more or less.
NOTE: The Company is prohibited from insuring the area or quantity of the land described herein. Any statement in the
above legal description of the area or quantity of land is not a representation that such 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
GF No.: 00060947
Policy No.: 7210043-71668800
This policy does not insure against loss or damage (and the Company will not pay costs, anomey's fees or expenses) that
arise by reason of the terms and conditions of the leases or easements insured, if any, shown in Schedule A and the
following matters:
I. The following restrictive covenants of record itemized below (the Company must eithermsert specific recording data
or delete this exception):
Volume 7225, Page 30, Official Records, Brazos County, Texas, but deleting any covenants, conditions or
restrictions indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap,
fam0ial status, or national origin unless and only to the extent that said covenant (a) is exempt under Chapter
42, Section3607 of the United States Code or (b) relates to handicap but does not discriminate against
handicapped persons.
2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments or protrusions, or any
overlapping of improvements.
3. Homestead or community property or survivorship rights, if any, ofany 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,
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. in filled -in lands, or artificial islands, or
d. m 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 right of access to that
area m easement along and across that area
5. Standby fees, taxes and assessments by my taxing authority for the year 2006, and subsequent years, and subsequent
taxes and assessments by any taxing authority for prior years due to change in land usage or ownership, but not those
taxes or assessments for prior years because of an exemption granted to a previous owner of the property under
Section 11,13, Tiaras Tax Code, or because of improvements not assessed fora previous tax year.
6. The following matters and all terms of the doca ments creating or offering evidence of the matters (the Company
must insert matters or delete this exception):
a. Deed of Trust to secure a Note:
Grantor:
Ali L Jaffar, individually and d/b/a UYSA Enterprises, a/k/a Ali F. Jaftar
Trustee:
Timothy N. Bryan
Beneficiary:
The First National Bank of Bryan
Amount:
$590,000.00
Dated:
March 27, 2006
Recorded:
March 30, 2006, Volume 7225, Page 34, Official Records, Brazos County, Texas.
Said Note being additionally secured by Assignment of Construction Contract Aggaemeats, Licenses and
Permits:
Dated: March 27, 2006
Recorded March 30, 2006,Vohmre 7225, Page 48, Official Records, Brazos County, Texas.
University Title Company
Texas Owner 'Fl(Re, 1-1-93) - Scheduk B
Chicago Tide Insurance Company
Valid Only ifSchedWeA and Cover. attached
SCHEDULE B - continued
GF No.: 00060947
Policy No.: 7210043-71668800
c, Financing Statement
Debtor: Ali LJaffar
Secured Parry: The First National Bank of Bryan
Recorded April 5, 2006, under File No. 06-0011078801 with the Texas Secretary of State.
d. Declaration ofPrivate Easement Driveway and Parking Area:
By: Ali Jaffar dba IMA Enterprises
Dated March 27, 2006
Recorded: March 30, 2006,Volume 7225, Page 30, Official Records, Brazos County, Texas.
e. Rights of Parties in Possession.
f. Any and all liens arising by reason of unpaid bills or claims for work performed or materials famished 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.
g. Liability hereunder at the date hereof is limited to $7,960.00. Liability shalt increase as contemplated
improvements are made, so that any loss payable hem nder 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 many printed provision of this Policy.
University Title Company
By:
Autborn d CountasipiWic
OF Number. 00093819
Effective Date: August 24, 2009
Examiner. LBJ
j�L�/�fi :11�CN
STATE OF TEXAS
COUNTY OF BRAZOS
THIS IS TO CERTIFY: That we have examined the records ofthe County Clerk of Brazos County, Texas as they
are reflected in the geographically indexed title plant of University Title Company as to the following property, to
wit
Lots Twenty-three (23) and Twenty-eight (28), Bloch One (1), F.S. XapchWsld's Subdivision, City
of College Station, according to plat thereof recorded in Volume "Y", Page 618A of the Mechanic's
Lien Records of Braves County, Texas.
and that our records reflect that the following is a true and correct list of documents affecting title to the real property
described supra between the dates ofNovember 1, 2008 and August 24, 2009:
Now of Record
This certificate is issued with the express understanding, evidenced by the acceptance tf same that the undersigned
does not undertake to give or express any opinion as to the validity of the title to the property above, but is simply
reporting briefly herein as to the m araments listed above found of record pertaining to said property, audit is
expressly understood and agreed that this Certificate is neither a guaranty norwarranty of the title. By acceptance of
this Certificate it is understoodthatthe liability of the issuer hereof is expressly limited to the actual monetary
consideration paid for same. We have not made any examination as to property taxes, tax suits, special assessments
or conflicts.
University Title Company
4—L(r-'
GFNimbe .. 00884396
Ef'iartvc Din,: November tt, 2008
¢xmniver. JMP
NOTHING FURTHER CERTIFICATE
SFATBOFTHRAS
COUM OFBRAZOS
THLS IS TO GRATIFY: Tbetweheveemmluedthemoords ofthc Canty perk ofBmms Couaw, Tx =tbey
me regeeted aU gagrephMny adewedtWeph ofVniwtyrM,Compmymtomewomgpropww,w-
wit
Lot Tweu"m M Bb One (1), F. S lfapehiniki'a Subdimfon, City of C,Bege Stauoe,
.edfng to pht thereof ttmrded to VeO 'T", Page 6m of Me Menhan's's lim Reeordt of
Bruns County,Tevs.
end tla[ our mcords reflat thae the frllowmga a aue and correct list of docnmems affecting due. the roil grope dy
dam3M copra bcewcm Ow dawn of Jtme 29, 2006 end November ly, 2008:
wmmmy Dcedof7
Gmmm: BlmnorJ. WTlfamt
Otmwe: AR3aBar d0Ya 1MA13otmprise
Dew& V.1.2000
ReaNed: Volmm613l, Page 209, OfBeiat Reemdq HrmsComry,Tnmt
D„dofTrottte..N
Grmtm: Mf JalyardW. MABnbeprbe
Ttusta: Reb KNerdlmm
aee,6dm1 Fire Amerfean Bauk,SSB
AmamC 531,000A0
Dawd: Jaee2 6M,
ReeoNed: Vobme 633y, Paga 202,OSw'ai ReaNs, BramsComw, Tesx
8deesc:
From: Chab Tesu
To: ABJa9ar
Demd: Feb., 17, 2006
Recorded: Volume MS, Page 2C Otfmhl Accords, Brains Cmmw, Tess (Rslnta Deed ofTrast
recorded h Volume 6W, Page 202, OS iel Records, Hrams Comty, l'esae)
Dcel a eofDdeeway:
From: ABJa rd .ID Rntc dse
To: The Public
Dowd: Msecbn,"06
Reacded: Vobme2yZ3, Pe oM OfBehl Rcaord;Btems County. Tmas
DcodofT eeeeete,aNew:
Gmewr. A Mberd2hlMA]ltiterprbe
Thaw,: TFmotby N. Bryn
BeswGcia, The Fist ualB ofBryae
Amount z90,om
Dined: mer ",UN
Bearded: Veh m2s,Pag,Jd,OffidalR.Ad Boma County, T.
Av�of:
Said Nine being addiumBy maned by Awigummt of Combmum Comrams:
Dined: Mereev,20o6
RceoNN: VommeTd26, Page G8,0&tlatReemd;� Coudy.Tmms.
Subordmeuom
From: JLMHWder
To: Tbc FSmt Natfonnl BsnkaJHryan
Dsu,t Merrb 27,2N6
RecordM: V.ueeey .Pege Fl, OOm'ml Records, lisazos Couow. T.
m,
II
Non-Honmmsd Affidavie
T. Ali JaBm
Tm The March 7, h 27,
Dared: 2006
Rremdei Vomme]225, Pegc 64,OBieml Reco�, ffiemsl:mmty, Tam
Sande and Meh.d [.im:
Owvc AHJ. Jsffar
Cmmacrm: JLM Bvpders
Amamt ,Si89,BOp.tPo
Duetl: Mmc62'fa 20pd
Recotdcd: VommeTtlS,Page l6,ORmiel Records, &azos Cv®ry, T.
ConmmumeotA6i J.
Prvm: AM J.J. JiHar
To: The PvhBe
Duel: Mardr 33a2ad6
Recorded: Vofime]Z19, Page 315, O>rrml�rds,Bmzm Cuvuy, Tome.
MerLmieY avtl MmerielmmkAffidavit
Pactlec ss-Kuamvava. Ali Je6§r
Amowt ly 14,0
Ja1y 0.
RecoatlM: 2006, Valrave'/<48, Pege2Cg,Obebl Records, Bmzoa Cowty,T�
DeedofTmrtmmemea Na
Gramm: MiJ r
Taama Dmaie P.Bchwarm
Beneficiary: Morlpage Bhchvnm Repbmffioa J)amm, ine C'MBRB"h sourly as vommx fur lu
Advavmge Mortgage Wa lAM, LLC
Anwwe 5101, 9,
Damd: .28,2o06
W.
ReroNW: Volwoe2569, Pagr 239, OfielalRamda, Bz®sCouvty, T.
Pasdal Releau:
Pram PLst Nadoml Baok ofBryav
T. ABdaffar
Dared: Ocmbar23a ZUa6
Recorded: Volama'l659,P�e109, OB'mal Reemds.8xams Conory, Toaz. GPIIr WRNmsaz Dxdot
V.I. or S, gVohme]225a..rd3 )DlBcul Recoy T.)mComty,Tma mdwuignmeaerernstlMu
Volume TiiSa Page ag, 00'aiel Rvordr, Brazos Covoty, Tenn.)
Thts�Gficem is isoN wuk she ex}nms undersmnding evidenced by tlmaarpmvice ofrmedmnheavdera'alped
deer >n undertake m Give or exerts aaY opinion as m tlm vapdrty ofdo vBe m dm propmy ahovc, bra ss s®ply
Rpaf 191g CIIBBy beRlR az DJ dle 05tNm W p ILSbd a1>mt fOWQ Ofrtetld IISmNLIg m 38%i yNpMy, apd 1t IS
eXpRE'ry aadCSmedmW>geN H221hi2Catifi®RlYpeldlV II$YVdMy nm WArDOIy Ofdlefide 6yaC2pmnm of
tlis Cesdfieem hismdemmodtlw de gaM'1¢y oftim®uerhemof¢expaeedyl®itatm tlmauaalmwcrmy
comideredonpaid forsamc. We!ffivemtvmdeaoy examtoationasmproputy mars, vx a¢v, specialassmmevb
prmpflicts.
TEXAS OWNER POLICY OF TITLE INSURANCE
SCHEDULE A
ISSUED SIMULTANEOUS WITH POLICY NO.7210143-71668848 Policy No. 7ZI0043-71668840
OF No.: 00060947
Date of Policy March 30, 2006 at 3:48 P.M.
I. Name of Insured:
Ali Jaffar d/b/a IMA Enterprises
2. The estate or interest in the land that is covered by this policy is:
Fee Simple
3. Title to the estate or interest in the lend is insured as vested in:
Ali Jaffar d/b/a IMA Enterprises
4. The land referred to in this policy is described as follows:
See Exhibit A attached hereto and made a part hereof.
University Tide Company
Tecaco.n T-t(Rev. 1-1-93)-SchMtdcA
Ammum ofInsmaoce $217,600.00
Premium SU20.00
Chicago Title Insurance Company
Valid Only if Schedule B and Cava are aw chcd
Exhibit A
Lots Twenty-three (23) and Twenty-eight (28), Block One (1)� F. S. Kapchinski`s Subdivision, City of College Station,
according to plat thereof recorded in Volume "Y", Page 618A of the Mechames Lien 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 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 R hereof.
SCHEDULE B
GF No.: 00060947
Policy No.: 7230043-71665540
This policy does not insure against loss or damage (and the Company will not pay costs, atiomey's fees or expenses) that
arise by reason of the terms and conditions of the leases or easements insured, if any, shown in Schedule A and the
following matters:
1. The following restrictive covenants of record itemized below (the Company must either insert specific recording data
or delete this exception):
Volume 7225, Page 30, Official Becords, Brazos County, Texas, but deleting any covenants, conditions or
restrictions indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap,
familial status, or national origin unless and only to the extent that said covenant (a) is exempt under Chapter
42, Sectiou3607 of the United States Code or (b) relates to handicap but does not discriminate against
handicapped persons.
2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments or protrusions, or any
overlapping of improvements.
3. Homestead or community property or survivorship rights, if any, of any spouse of any insured.
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 sbores or beds of navigable or perennial rivers and streams, lakes,
bays, gulfs or oceans, or
b. in lands beyond the line of the harbor or bulkhead lines as established or changed by any government, or
c, to filled -in herds, or artificial islands, or
d. to statutory war -rights, including riparian rights, or
C. to the area extending from the line of mean low tide to the line of vegetation or the right 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 2006, and subsequent years, and subsequent
taxes and assessments by any taxing authority for prior years doe 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 Toe Code, or because of improvements not assessed for a previous fax year.
6. The following matters and all terms of the documents creating or offering evidence of the matters (the Company
must insert matters or delete this exception):
a. Deed of Trust to secure a Note:
Grantor:
Ali I. Jaffar, individually and d/b/a IMA Enterprises, a/h/a Ali E. JaHar
Trustee:
Timothy N. Bryan
Beneficiary:
The First National Bank of Bryan
Amount
S590,000.00
Dated:
March 27, 2006
Recorded:
March 30,206, Volume 7225, Page 34, Official Records, Brazos County, Texas.
Said Note being additionally secured by Assignment of Construction Contraq Agreements, Licenses and
Pemuts:
Dated: March 27,2006
Recorded: March 30, 2006,Volume 7225, Page 48, Official Records, Brazos Comity, Texas.
University Title Company
Tezat Omer T-1(Rrv. 44A3)-SGuAWe B
Chicago Title Insurance Company
Valid Only ifSWh eA and Comm anaaaed
SCHEDULE B - continued
GF No.: 00060947
Policy No.: 7210043-71668840
c. Financing Statement:
Debtor: AN L Jaffar
Secured Party: The First National Bank of Bryan
Recorded: April 5, 2006, under File No. 06-0011079801 with the Texas Secretary of State.
d Declaration of Private Easement Driveway and Parking Area:
BY,. Ali Jaffar dba 04A Enterprises
Dated: March 27, 2006
Recorded: March 30, 2006,Volume 7225, Page 30, Metal Records, Brazos County, Texas.
e. Rights of Parties in Possession.
f Any and all New arising by reason of unpaid bills or claims for work performed or materials famished 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 Cleric of Brazos County, Texas, prior in the date hereof.
g. Liability hereunder at the dam hereof is limited to $21,000.00. 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 at improvements at the time the loss occurs. Any expenditures made for
improvements, subsequent to the data of this Policy, willbe deemed made as ofthe date of this Policy. In no
event sball the liability ofthe Company hereunder exceed the face mount ofthis Policy. Nothing comamedm
this paragraph shalt be construed as limiting any exception or any primed provision of this Policy.
University Title Company
By:
Aerho, and Coaaunsw a sn, (4w)
OFNmaber. 00093821
Effective Date: August 24, 2009
Exaniner:ARB
NOTHING FURTHER CERTIFICATE
STATE OF TEXAS
COUNTY OF BRAZOS
THIS IS TO CERTIFY: That we have examined the records ofthe Comity Clerk of Brazos County, Texas as they
are reflected in the geographically indexed title plant of University Title Company as to the following property, to
wit
Lot Twenty-nme (29), Block One (1), F.S. KapehmskYs Subdivision, City of College Station,
according to plat thereof recorded in Volume "Y", Page 168A of the Mechanic Lien Records of
Brazos County, Texas.
and that our records reflect that the following is a are and correct list of documents affecting title to the real property
decscetbed supra between the dates ofNovember 1, 2008 and August 24, 2009:
None of Record
This certificate is issued with the express understanding, evidenced by the acceptance of same that the undersigned
does not undertake to give or express any opinion as in the validity of the title to the property above, but is simply
reporting briefly herein as to the instruments listed above found of record pertaining to said property, and it is
expressly understood and agrced that this Certificate is neither a guaranty nor warranty ofthe title. By acceptance of
this Certificate it is understood that the liability of the issuer hereof is expressly limited to the actual monetary
consideration paid for same. We havenot made any examination as to property taxes, tax suits, special assessments
or conflicts.
University Title Company
(rd$
GFFhmbar. dOdgd385
EHeceveDam: November l], 2006
Examinm: JMP
MMOFTEXAS
CDVNN OF BpA os
MSMTOCE =.. nart baveexaminedmerecordsofft Comes ClerkofBmxw Cow[y,Tansmmty
arcrcflach:dm me 8eogarbica➢yivtlnN tlTk plam of[Ivivasay THie Company asmtbvfolbwivgp[oputy. oY
vrtC
Lot r ty-moe (29N Rmck Om (IN F. S R PeblmkPa S16dH City of CORege Sft aN
according to plat ab eco m Volame `R , Pags 619A of 0 MxM . IJev Records of
Brains County, T.x
a�metomrcmMs snBevtmat[he foRowingisabmand omec[lis N17,commes nflbc6ggbtlemdm blproPm[Y
dexrm� wpre bewxm me dmc of Ocmber 2d• 20p6 and ovember 1], 2098:
Waaamynaea:
(hantor.
Raymond TEdmpmRet>a
Omnmme:
Dame
OR b,r
Ocmbcr24.2006
RewNei
Volnme ]6]d, Page d], OPfical Recmd,Bmzw Comry,Twz
Wa tyDxd:
(bmmr.
Raymond TbompmR uns
Granmc
AliSaffar
Damd:
2008
Recorded:
Vobme 8W], Pege 166, ORkdalftxaNs, B[m Comes, Tams.
V.I..
Warranty Deed:
Gmmor.
Lee ThompmR etal
Gmnsee:
AlimiJd:
Damyu
May 30, 2008
RecoNcm
Vohme 869), Page 369, OfH®IRaoaa, B[aros Cowry, Texas
Wanmay Deed:
tbenm[:
Cbarlm B.r Psmde
G[aua:
Allja
Dowd:
May13,3
Rexrded:
VoM ftr, PageM OWf Recmds,IDazns Cowry, Texas.
.Waz[mHDoed.
Grevmr.
OBx B. Towr®R Tswaee
Dmem
M zw
Recorded:
VohmeST46,P� 220, 0lRdal Aerwdi BramsCmmy,Twa
VO VM
This nm undwaawed wmdersm= w ev Ld Ybytlu tcft WOM matdKmdaagmd
doesnm mdefiy mgivemexpress avy opiniona mtla=daofdm PN mtlg proPe[HabosR butissmryty
rcporEgq briefly bm<in a< m tlm uismmm¢ iismd above mind ofrewrd pvhivmg m said pmpaty, and R is
up[esHmdersmodaod agreedmat tlus CertiSramavrimaagmmvtynmwatmmy of meDtle. Byaaeprmce of
tltis Cudficue i[ is wdermood tlm th Iie6Rity of tlm issuer bnw[a apmsly I� m dre amml vmmfmy
masiderafim paid mrname. Webave votnmdeavy exam®Gmampmpnty taxeime suds,specialauessmems
m meRicm.
OWNER'S POLICY OF TITLE INSURANCE (T-1)
Issued by
Fidelity National Title Insurance Company
Any notice of claim and any other notice or statement in writing required to be given the Company under this
Policy must be given to the Company at the address shown in Section 18 of the Conditions.
SCHEDULE A
Name and Address of Title Insurance Company:
Fidelity National Title Insurance Company
1945 Walnut Hill Lane
Irving, TX 75038
File No. 00082202 Policy No.: 2722143-76389844
Address Reference: 1608 A Park Place, College Station, TX
Amount of Insurance: 545,000.00 Premium:$469.00
Data of Policy: August 6, 2008 at 2:48 P.M.
1. Name of insured:
Ali Jaffar
2. The estate or interest in the Land that is encumbered by the Insured Mortgage is: Fee Simple
3. Title is insured as vested in:
Ali Jaffar
4. The Land referxed min this policy is described as follows:
Lot Twenty-nine (29), Block One (1), F. S. Kapehinski's Subdivision, City of College Station, according to
plat thereof recorded in Volume "Y", Page 618A of the Mechanic's Lien Records of Brazos County, Texas.
University Title Company Fidelity National Title Insurance Company
TI - Texas Owner's Policy of Title Insurance
SCHEDULE B
File No.: 00082202 Policy No: 2722143 - 76389844
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or
expenses) that arise by reason of the terms and conditions of the leases and easements, if any, shown in
Schedule A, and the following matters:
I. The following restrictive covenants of record itemized below (the Company 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 riglits, if any, of my spoulse 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, bays, gulfs or oceans, or
b. to lands beyond the line of the harbor or bu8chead 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 veogetation, or the right
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 2008, and subsequent
years; and subsequent taxes and assessments by any nixing 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
(The Company most insert matters or delete this exception):
a. Rights of Parties in Possession.
b. 25' building line on the northwest side; 20' building line on the southeast side; 75' building
this on the northeast and southwest sides; as shown on survey prepared on May 22, 2008,
under the supervision of Brad Kerr, R.P.L.S. #4502.
c. Fence lies outside the property on the southeast side of the property, as shown on survey
prepared on May 22, 2008, under the supervision of Brad Kerr, R.P.L.S. #4502.
d. Terms, Conditions, and Stipulations in the Mutual Agreement by and between:
Parties: Ida Thompson, at al
Dated: November 5, 2003
Recorded: Volume 6875, Page 147, Official Records, Brazos County, Texas.
e. Lack of right of access to and from the land Insuring provision Number 4 is hereby
deleted.
University Title Company Fidelity National Title Insurance Company
Tl - Texas Owner's Policy of Title Insurance-
SCIMULE B
File No.: 00082202 PolcyNo: 2722143-76MS44
University Tide Company
Authorized Countersignature
GF Number: 00093823
Effective Date: August 24, Z009
Exammer. ARB
STATE OF TEXAS
COUNTY OF BRAZ,OS
THIS IS TO CERTIFY: That we have examined the records ofthe County Clerk cf Brazos County, Texas as they
are reflected in the geographically indexed title plant of University Title Company as to the following property,to
wit
Lot Twenty-five (25), Block One (1), F.S. Kopchincki's Addition, City of College Station, according
to plat thereof recorded in Volume "Y", Page 618A of the Mechanic's Lien Records of Brazos
County, Texas.
and that our records reflect that the following is a true and correct list ofdocoments affecting title to the real property
described supra between the dates ofApril 15, 2009 and August 24, 2009:
Warranty Deed with Vendor's Lien:
Grattan. Ida B. Thompson Moore, at al
Grantee: USTX FIP Accommodation, LLC, a Texas limited liability company
Dated: May 5, 2009
Recorded: Volume 9104, Page 197, Official Records, Bruins County, Texas.
Deed of Trust to secure a Note:
Grantor.
USTX FIP Accommodation, LLC
Trustee:
J. Fred Bayliss
Beneficiary:
US 1031 XChauge, Ltd., as Qualified Intermediary for FI Partners, Ltd.
Amount
S320,74834
Dated
May 4, 2009
Recorded:
Volume 9104, Page 203, Official Records, Brazos County, Texas.
This certificate is issued with the express understanding, evidenced by the acceptance of same that the undersigud
does not undertake to give or express any opinion as to the validity ofthe idle to the property above, but is simply
reporting briefly herein as to the instruments listed above found of record pertaining to said property, and it is
expressly understood and agreed that this Certificate is neither a guaranty nor warranty ofthe title. By acceptance of
this Certificate it is understood that the liability ofthe ismer hereof is expressly limited to the actual monetary
consideration paid for same. We have not made any exaarination as to property taxes, tax suits, special assessments
or conflicts
University Title Company
Gen
14
TEXAS CONNUTMENT FORTITLE INSURANCE
Effective Date: April 19, 2009 at 8:00 am.
Commitment issued September 14, 2009, 8:00 am.
1. The policy or policies to be issued are:
(a) OWNERPOLICY OF TTTLE INSURANCE (Form T-1)
(Not applicable for improved oneio-four family residential real estate)
Policy Amount $140,000.00
PROPOSED INSURED:
TIM PIP Accommodation LLC
(b) TEXAS RESIDENTIAL OWNER POLICY OF TITLE INSURANCE
- ONE -TO -FOUR FAMILY RESIDENCES (Form T-IR)
Policy Amount $
PROPOSED INSURED:
(c) MORTGAGEE POLICY OF TITLE INSURANCE (FORM T-2)
Policy Amount $
PROPOSEDINSURED:
Proposed Borrower.
OF No. OOOSZZ07
(d) TEXAS SHORT FORM RESIDENTIAL MORTGAGEE POLICY OF TITLE INSURANCE (Farm T-2R)
Policy Amount S
PROPOSEDINSURED:
Proposed Borrower:
(e) MORTGAGEE TITLE POLICY BINDER ON INTERIM CONSTRUCTION LOAN (Form T-13)
BinderAmount $
PROPOSEDINSURED:
Proposed Borrower.
(t) OTHER --
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:
Tract One: Ida B. Thompson Moore (undivided 20% interest); Eunice Lee Thompson (undivided 20% interest);
011ie B. Townsend, Life Estate Interest and as Trustee for Townwell Trust (undivided 20% interest); Raymond
Thompson (undivided 20% interest); Charles Edward Thompson (undivided 18% interest) and AN Jaffar
University Title Company Alamo Title lusurance
Texas Comm(nnnn(Rev. 1-1- 3)-SchedeleA Ve W Only ifScheWe a sod C, and Cover ateatmchcd
SCHEDULE A - continued
(undivided 2% interest)
GE No. 00082207
Tract Two: Ida B. Thompson Moore (undivided 200/9 interest); Eunice Lee Thompson (undivided 20 % interest);
011ie B. Townsend, Life Estate Interest and as Trustee for Townwell Trust (undivided 20% interest); Raymond
Thompson (undivided 10% interest); Charles Edward Thompson (undivided Me interest) and Ali Jatfar
(undivided 12% interest)
4. Legal description of land."
Lot Twenty-five (25), Block One (1), F. S. Kopchinelu's Addition, City of College Station, according to plat
thereof recorded in Volume "Y", Page 618A of the Mechanic's line Records of Brazos County, Texas.
SCHEDULE B
OF No. 00082207
EXCEPTIONS FROM COVERAGE
In addition to the Exclusions and Conditions and Stipulations, your Policy will not cover loss, costs, attomey's fees, and
expenses resulting from:
I. The 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 ar 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 in 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 in scummy my water tights, including riparian rigbts, or
e. to the area extending from the time of mean low tide to the line of vegetation, or the rights of access to that area
or easement along and across that area.
(Applies to the Owner Policy only.)
5. Standby fees, taxes and assessments by any taxing authority for the year 2008, and subsequent years, and subsequent
taxes and assessments by any taxing authority for prior years due to change in land usage car 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 Torr 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 m Dam of Policy" in lieu of"forthe year_ and subsequemyeas.")
6. The terms and conditions of the documems creating your interest in the land
7. Materials furnished or labor performed in connection with planned construction before signing and delivering the
lien document described in Schedule A, if the land is part of the homestead of the owner.(Applies to the Mortgagee
Title Policy Binder on Interim Construction Loan only, and may be deleted if satisfactory evidence is famished to us
before a binder is issued.)
8. Liens and leases that affect the title to the land, but that are subordinate to the hen 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 Fonn Residential
Mortgagee Policy (T-2R). (Applies to Texas Short Form Residential Mortgagee Policy (T-2R) only. Separate
exceptions 1 through 8 of this Schedule B do nm apply to the Texas Short Form Residential Mortgagee Policy (T-
2R).
University Title Company
Alamo Title Insurance
Tam Commimaa (Rev. I-1-93) -Schedule B vatld Oaty ifSchednleA and C, and cover are aftwAmd
SCHEDULE B - continued
GF No. 00092207
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. Terms, Conditions, and Stipulations in theMotual Agreement by and between:
Parties: Ida Moore, et a1 and Eunice Lee Thompson, et al
Dated: November 15, 2003
Recorded: Volume 6875, Page 147, Official Records, Brams County, Texas.
:1 1
GF No. 00082207
Your policy will not cover loss, costs, attorneys fees, and expenses resulting from the following requirements that will appear
as Exceptions in Schedule B of the Policy, unless you dispose of these matters to our satisfaction, before the date the Policy is
issued:
1. Documents creating your title or interest most be approved by us and most be sign, notarized and filed forrecord.
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 tractors, laborers and suppliers have been folly paid, and that no mechanic's, laborer's
or materialmen's liens have attached to the property,
- there is legal right of access to and from the land,
- (on a Mortgagee Policy only) restrictions have not been and will not be violated that affect the validity and
priority of the insured mortgage.
3. You muse pay the seller or borrower the agreed amount foryour property in 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.
S. Item No.2 of Schedule B hereof shall be amended m read "shortagesin area", upon oar receipt o£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 year2008 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 Mortagee Policy
T-2 Only) (If Texas Short Form Residential Mortgagee Policy (T-2R) is issued, that policy will substitute "which
become due and payable subsequent to Data 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 any applicable premiums. (As to Mortgagee Policy Only)
S. We will require an Affidavit as to Debts and Liens be signed and the original provided to us prior to issuance of my
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 my tide policies.
10. We will require an original Tax Certificate be provided, showing all taxes paid eurrent, 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.)
11. 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
Alamo Title Insurance
Texas Com donear(Rev. 1-143)-ScheduleC Valid Only ifS hWu1c A and B, and Cover. emeM1M
SCHEDULE C - continued
GF No. 00082207
arbitration provision. It allows the Insured orthe Company to require arbitration if the amount of insurance is
$1,000,000 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 retuning it to the Company at or before the closing of the real
estate transaction or by writing to the Company.
NOTE 1: 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 Fox Family
Residences. If you are the purchasers oftim 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 site, legible copy of said survey, with
the surveyor's field notes, if any. Upon teceipt 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 may be 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 DEEDS affecting title to the real property described supra for the preceding twenty-four months:
Vesting Deed to owners shown herein was dated January 7, 2009 and recorded in Volume 8939,Page 178,
Official Records, Brazos County, Texas.
Vesting Deed to owners shown herein was dated December 23, 2009 and recorded in Volume 8939, Page 178,
Official Records, Brains Comfy, Texas.
Vesting Deed to owners shown herein was dated August 26, 2005 and recorded in Volume 6895, Page 16,
Official Records, Bruzos County, Texas.
Vesting Deed to owners shown herein was dated August 8, 1996 and recorded in Volume 7812, Page 51,
Official Records, Brazos County, Texas
Vesting Deed to owners shown herein was dated August 811996 and recorded in Volume 7812, Page 49,
Official Records, Brains County, Texas
14. This transaction involves a tout. Company requires the ounce provide a copy of the trust agreement forreview or,
in the alternative, the trustee file a certification of tout in the real property records meeting all of the provisionsof
Section 114.086(a) and (c) of the Texas Property Code, and provide excerpts from the trust agreement sufficient to
evidence authority of the trustee to enter into this transaction
University Title Company
By:
AUNoria:d Couufcrsigi nave (I.EUrdt)
SCHEDULE C - continued
GF No. 00082207
SCHEDULE D
OF No. 00082207
Pursuant to the requirements ofRule P-21, Basic Mamal of Rules, Rates and Forms forthe writing of Title Insurance mthc State
of Texas, the following disclosures are made:
1. The following individuals are Directors and/or Officers ofALAMO TITLE INSURANCE:
ChrismpherAbbiname
Raymond R. Quirk
Alan L. Stinson
Roger S. Jewkes
Enka Memhardt
John A. Wunderlich
OFFICERS
Raymond R. Quirk
John A. Wundencch
Anthony J. Park
Patrick G. Farenga
Todd C. Johnson
President
Executive Vice President
Chief Financial Offices'
Senior Vice PtesidemJfreasnrer
Senior Vice President/Seaerary
Alamo Title Holding Company, owns 100% of Alamo Title ha mace, and Fidelity National Financial, Inc. owns 300% of
Alamo Title Holding Company.
2. The following disclosures aremade by the Tide hsrrance Agenth,,mg tiffs Commitment,
a The names ofeach shareholder, owner, partner or otherperson having owning or controlling one percent (1%)ormore
of the Tide Insurance Agent that will receive a portion ofthe premium are as 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 ofan entity
that has, owns or controls me percent (1%) or more ofthe Title Insurance Agent that will receive a portion ofthe
premium are as follows: not applicable
C. The following persons are officers and directors of the Title Insurance Agent
Office Directors
President -Celia Goode Celia Goode
Vice President- Michael R. Hoelscher Michael R. Hoelscher
Seravuny/Ireasmer - William C. Lipsey William C. Lipsey
3. Youare entitled to receive advance disclosure of settlement charges in connection with the proposed transaction to which this
commitrnent relates. Upon yomrequmt, such disclosure will bemade m you. Additionally, the name ofanyperson, fum or
corporation receiving any sour fiomthe settlement ofthis transaction will be disclosed on the closing or settlement statement
You are finthar advised that the estimated title premium* is:
Owner Policy $ 1,057.00
Mortgagee Policy $
Endorsement Charges $
Toffi $ L057.00
University Title Company
TMVU Commmieot(kev. 1-1-93)-Sche .1C D
Alamo Title Insurance
Valid Only ifSchedWe A, B and C, and Cowume �d
SCHEDULE D
GF No. 00082207
Ofthis total mount $_or 15.00•9 will be paid m the policy issuing Title Immance Company: $_or85.001/owtil]
be retained by the issuing Title Insurance Agent, and the remainder of the estimated premium will be paid to other parties ss
follows.
AMOK)
FOR SERVICES
°The estimated premium is based upon information furnished to us as of the date of this Commiment for life 1" mn, Final
detemunation ofthe amom ! ofthe premium will be made at closing in accordance with the Rules and Regulations adopted by the
Commissioner of humane. This Commitment is invalid unless the msurmgprovisions and Schedule A, B and C are atmched.
University Title Company
Texas Commiueat(Rev. F]-93)-Schedule D
Alamo Title Insurance
Valid Only ifSehedulc A, B and C, and Cmcrne anached
GFNumber: 00093820
Effective Date: Angust 24, 2009
Eea mer: LBJ
NOTHING FURTHER CERTIFICATE
STATE OF TEXAS
COUNTY OF BRAZOS
TFUS IS TO CERTIFY: That we have examined the records ofthe County Clerk of Brazos County, Texas as they
are reflected in the geographically indexed title plant of University Title Company as to the following property, to
wit:
Tract One:
Lots Thirty (34 Thirty-one (31) and Thirty-two (32), Block One (1), F. S. Kopchineki's
Subdivision, City of College Station, according to plat thereof recorded in Volume "Y", Page 618A
of the Mechanic's Lien Records of Brazos County, Texas.
Tract Two:
Lot Seventeen (17), Block One (1), F. S. Kopchincld's Subdivision, City of College Station,
according to plat thereof recorded in Volume "Y", Page 618A of the Mechanic's Lien Records of
Brazos County, Texas.
and that our records reflect that the following is a true and correctlist of documents affeclmg title to the real property
described supra between the dates of November 1, 2008 and August 24, 2009:
Warranty Deed with Vendor's Lien:
Grantor: FI Partners, Ltd.
Grantee: Ali Jaffar
Dated: April 29,2009
Recorded: Volume 90n, Page 56, Official Records, Brazos County, Texas.
Deed of Trust to secure a Note.
Gramm:
All Jaffar
Trustee:
Cully Lipsey
Beneficiary.
F1 Partners, Ltd.
Amount:
$125,000.00
Dated:
AprO 29, 2009
Recorded:
Volume 90M, Page 58, Official Records, Brazos County, Texas
This certificate is issued with the express understanding, evidenced by the acceptance ofsame that the undersigned
does not undertake to give or express any opinion as to the validity of the title to the property above, but is sinto
reporting briefly herein as to the insumnents listed above found of record pertaining to said property, and it is
expressly understood and agreed that this Certificate is neimu a guaranty nor warranty of the title. By acceptance of
this Certificate it is understood that the liability of the ismer hereof is expressly limited to the actual monetary
consideration paid for same. We have not made any examination as to property taxes, tax suits, special assessments
or conflicts.
University Title Company
t
By.
(ri0
GF Number: 00084384
Effective Data: November 17, 2008
Examiner: LEL
NOTHING FURTHER CERTIFICATE
STATE OF TEXAS
COUNTY OF BRAZOS
THIS IS TO CERTIFY: That we have examined the records of the County Clerked Brazos County, Texas as they
are inflected in the geographically indexed title plant of University Thle Company as to the following property, te
wit
Tract One:
hots Thirty (30). Thirtyone (31) and Thirty-two (32), Block One (1), F. S. Kopehineki's
Subdivision, City of College Station, according to plat thereof recorded in Volume "Y", Page 619A
of the Mechanic's Lien Records of Brazos County, Texas.
Tract Two:
Lot Seventeen (17), Block One (1), F. S. Kopchiucki's Subdivision, City of College Station,
according to plat thereof recorded in Volume "Y", Page 618A of the Mechanic's Lien Records of
Brazos County, Texas.
and that our records reflect that the following is atrue and correct list of documents affecting title to the real property
described supm between the dates ofFebmary 15, 2006 and November 17, 2008:
General Warranty Deed:
Grantor. Ali Jaffar
Trustee: FT Partners, Ltd, a Texas limited partnership
Dated. November22,2006
Recorded: Volume 7708, Page 96, Official Records, Brazes County, Texas.
This certificate is ismed with the express understanding, evidenced by the acceptance of same that the undersigned
does not undertake to give or express any opinion as to the vaiidily of the title to the property above, but is simply
reporting briefly herein as to the instruments listed above found of record pertaining to said property, and it is
expressly understood and agreed that this Certificate is neither a guaranty nor warramyof the title. By acceptance of
this Certificate it is understood that the liability of the issuerbereof is expressly limited to the actual monetary
consideration paid for same. We have not made any examination as to property taxes, tax suits, special asessments
or couflicts.
University Title Company
By�, Z��
(rdf)
TQ"OWNRR POLICY OFT=AISORANI
SCHEDULE A
ISSUED SIMULTANEOUS WITH POLICY NO. 440156M Policy No. 1061190
OF No. 00053209 Amountoflusurence $92,090.00
Date of Policy February 14,2006 at2:27 PaVL Premium S819.00
1. Nameoflasured:
Ali Jaffar
2. 1be estate or interest in the land that is covered by this policy is:
Fee Simple
3. Title to the estate or interest in the land is insured as vested in:
Ali JaMr
4. The land referred to in this policy is des abed as follows:
Tract One:
Lots Thirty (30), Thirty-one (31) and Thirty-two (32), Block One (1), F. S. Kopchincki's Subdivision, City of
College Station, according to plat thereof recorded in Volume "Y", Page 618A of the Mechanic's Lien Records of
Braes County, Tezas.
Tract Two:
Lot Seventeen (17), Block One (1), F. S. Kopchmcki's Subdivision, City of College Station, according to plat
thereof recorded in Volume "Y", Page 618A of the Mechanic's Lim Records of Brazos County, Texas.
University Title Company First American Title Insurance Company
Teas Oaoa T-1(Rev. 1-1-93)-SCM &A Valid Only ifSchedele R and Cova ere amehed
SCHEDULE B
GF No. 00053209
Policy No. 106119 O
This policy does not insure against loss or damage (and the Company will not pay costs, attorney's fees or expenses) that arise
by reason of the terms and conditions of the leases or easements insured, if my, shown in Schedule A and the following
matters:
1. The following restrictive covenants of record itemized below (the Company 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, many
overlapping of improvements.
3. Homestead or community property or survivorship rights, if my, 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, 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 in the lure of vegetation or the right 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 2006, and subsequent years, and subsequent
taxes and assessments by any taxing authority for prior years due to change in land usage or ownership, but not those
taxes or assessments for prior years because of an exemption granted to a previous owner of the property under Section
11.13, Texas Tux 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 (the Company must
insert matters or delete this exception):
a. Vendor's Lien retained in Deed:
Grantor: Sable Ventures Limited A/K/A Sable, Ltd, a Texas general partnership, consisting of James H.
Hughes and Cambridge Interests, Inc. Profit Sbaring Trust, Robert D. Martell, Trustee
Gramee: Ali JaD'ar
Dated: Febmary9, 2006
Recorded February 14, 2006, Volume 715L Page 262, Official Records, Brazos County, Texas.
Additionally secured by Deed ofTmst
Grantor. Ali JaMir
Trustee: Timothy N. Bryan
Amount 556,000.00
Beneficiary: The First National Bank of Bryan
Dated: February9, 2006
Recorded: February 14, 2006, Volume 7151, Page 266, Official Records, Brazos County, Texas.
b. Rights of Parties in Possession.
University Title Company
Tcxas() n T-l(Rev. 1-1-93)- Schedule H
First American Title Insurance Company
Valid rhuy ifSd dWe And Cover. aneched
SCHEDULE B -continued
OF No.: OOM209
Policy No.: 1061190
c. 25' building lime on the northwest side; 20' building line on the southeast side, 7.5' build'mg line on the southwest and
northeast sides as shown on survey prepared on January 26, 2006, amdwthe supervision ofBmd Kea, KPS..S.
94502. (Tract One)
d. Fence hes outside the property on the southeast side of the property, as shown on survey prepared on January 26,
2006, under the supervision ofBrad Kerr, RP.L.S. #4502. (Tract One)
University Title Company
By:
Authoomd Cmine csipus_ pj,v)
GF Number. 00093822
Effective Date: August 25, 2009
Examiner. APB
NOTHING FURTHER CERTIFICATE
STATE OF TEXAS
COUNTY OF BRAZOS
THIS IS TO CERTIFY: That 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 as to the following property, to -
wit:
The Southwest 12 of Lot Twenty-four (24), Block One (1), F.S. Kopchmeki's Subdivision, City of
College Station, according to plat thereof recorded in Volume "Y", Page 618A of the Mechanic
Lien Records of Brains County, Texas.
and that our records reflect that the following is a true and correct list of documents affecting title to the real property
described supra between the dates of November 1, 2008 and August 25, 2009:
None of Record
This certificate is issued with the express understanding, evidenced by the acceptance of same that the undersigned
does not undertake to give or express any opinion as to the validity of the title to the property above, but is simply
reporting briefly herein as to the instruments listed above found ofrecord pertaining to said property, and it is
expressly understood and agreed that this Certificate is neither a guaranty nor warranty of the title. By acceptance of
this Certificate it is understood that the liability of the issuer hereof is expressly limited to the actual monetary
consideration paid for same. We have notmade any examination as to property taxes, tax snits, special assessments
or conflicts.
University Title Company
Bv� 0,�-✓
(rd0
C,6-iS-1
6' a -CA
C1
OF Number: 00084388
Effective Date: November 17, 2008
Examiner: JMP
NOTHING FURTHER CERTIFICATE
STATE OF TEXAS
COUNTY OF BRAZOS
THIS IS TO CERTIFY: Tbat 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 as to the following property, to -
wit:
Metes and bound description of all that certain tract or parcel of land being a portion of Lot 24,
Block 1, F.S. Kapchinski Subdivision, according in the plat recorded in Volume Y, Page 6184, of
the Mechanic's Lien Records of Brazos County, Texas.
Said tram being more particularly described by metes and bounds as follows:
BEGINNING at a lead plug and tack found on the southwest line of Park Place marking the
common comer of said Lot 24 and Lot 25, Block 1, for reference a 1" square iron bolt found
marking the east comer of Lot 27, Block 1, bears: S 47° 31' 14" E for a distance of 243.78 feet;
THENCE S W 09' 21" E along the common fine of said Lot 24 and Lot 25 for a distance of 195.27
feet to a 5/8" iron rod found marking the south comer of this herein described tract;
THENCE N 46 04' 03" W through said Lot 24 for a distance of 56.95 feet to a 5/8" iron rod found
on the common line of said Lot 24 and Lot 23, Block 1;
THENCE N 50° 51' Z6" E along the common line of said Lot 24 and Lot 23 for a distance of 194.15
feet to a lead plug and tack found marking the common comer of said Lot 24 and Lot 23;
THENCE S 47' 31' 14" E along the southwest line of Park Place for a distance of 54.73 feet to the
Point of Beginning, containing 0.248 of an acre of Land, more or less; and known locally as 1626
Park Place.
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 that our records reflect that the following is a true and correct Her of documents affecting title to the real property
described supm between the dates of June 30, 2005 and November 17, 2008,
Warranty Deed of Trust
Grantor:
Stokes Corporation
Grantee:
MIA Enterprise
Dated:
June 3, 2005
Recorded:
Volume 6730, Page 138, Official Records, Brazos County, Texas.
Deed of Trust to secure a Note:
Grantor.
Ali Jaffar d/b/a IMA Enterprises
Trustee
Mary C. Tucker
Beneficiary:
Citibank Texas, NA
Amount
$26,500.00
Dated:
June 30, 2005
Recorded:
Volume 6730, Page 141, Official Records, Brows County, Texas.
Release:
From:
Citibank Texas, N.A.
To:
Ali Jaffar d/b/a IMA Enterprise
Dated:
February 17,2006
Recorded:
Volume 7225, Page 29, Official Records, Brazos County, Texas. (Releases Deed of Trust
recorded in Volume 6730, Page 141, Official Records, Brazos County, Texas.)
Declaration ofDriveway:
From:
Ali Jaffar
To:
The Public
Dated:
March 27, 2006
Recorded:
Volume 7225, Page 30, Official Records, Brazos County, Texas.
Deed of Trust to secure a Note:
Grmtm: Ali J. Jaffar d/b/a IMA Enterprises -
Trustee: Timothy N. Bryan
Beneficiary: The First National Bank of Bryan
Amount $590,000.00
Dated: March 27, 2006
Recorded: Volume 7225, Page 34, Official Records, Brazos County, Texas.
Assignment of Contraction Contracts:
Dated: March 27, 2006
Recorded: Volume 7225, Page 48, Official Records, Brazos County, Texas.
Terms, Conditions, and Stipulations in the Subordination Agreement by and between:
Patties: JLM Builders and The First National Bank of Bryan
Dated: Mamh 27, 2006
Recorded: Volume 7225, Page 57, Official Records, Brazos County, Texas.
Non -Homestead Affidavit
From: Ali J. Jaffar
To: The Public
Dated: March 27, 2006
Recorded: Volume 7225, Page 64, Official Records, Brazos County, Texas.
Builder's and Mechanic's Lim Contract:
Qwner:Ali J. Jaffar
Contractor. JLM Builders
Amount: $589,800.00
Dated: March 27, 2006
Recorded: Volume 7225, Page 70, Official Records, Brazos County, Texas.
Commencement Affidavit
From: Ali J. Jaffar
To: The Public
Dared March 31,2006
Recorded: Volume 7234, Page 115, Official Records, Brazos County, Texas.
Mechanic's and Materialmeres Affidavit and Claim of Lien:
Parties: Kris Karstens vs. Ali Jaffar
Amount. S5,536.00
Recorded: July 14, 2006, Volume 7448, Page 2", Official Records, Brazos County, Texas.
Deed of Trust to secure a Note:
Grantor: Ali Jaffar
Trustee: Dennis P. Schwartz
Beneficiary: Mortgage Electronic Registration Systems, Inc. ("MERS"), solely as nominee for 1 AM,
LLC
Amount: $101,200.00
Dated Augmt28,2006
Recorded: Volume 7568, Page 76, Official Records, Brazos County, Texas.
Partial Release:
From: First National Bank of Bryan
To: Ali Jaffar
Dated October23,2006
Recorded Volume 7659, Page 113, Official Records, Brazos County, Texas.
This certificate is issued with the express understanding, evidenced by the acceptance of same that the undersigned
does not undertake to give or express any opinion as in the validity ofthe title to the property above, but is simply
reporting briefly herein as to the instrtmtants listed above found of record pertaining to said property, and it is
expressly understood and agreed that this Certificate is neither a guaranty nor warranty of the title. By acceptance of
this Certificate it is undetstood that the lability of the issuer hereof is expressly limited to the actual monetary
consideration paid for same. We have not made any examination as w property taxes, tax suits, special assessments
or conflicts.
University Title Company
By: XQ
(r
0
` -10
q,&'0c,
TEXAS COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
Effective Date: March 14. 2006 at 8:00 a.m.
Commitment issued December 1, 2008, 8:00 a.m.
L The policy or policies to be issued are:
(a) OWNER POLICY OF TITLE INSURANCE (Form T-1)
(Not applicable for improved one -to -four family residential real estate)
Policy Amount: $
PROPOSED INSURED:
(b) TEXAS RESIDENTIAL OWNER POLICY OF TITLE INSURANCE
- ONE -TO -FOUR FAMILY RESIDENCES (Form T-I R)
Policy Amount: $i fAS,710.00
PROPOSEDINSURED:
IMA Enterprises
(c) MORTGAGEE POLICY OF TITLE INSURANCE (FORM T-2)
Policy Amount: $98300.00
PROPOSEDINSURED:
The First National Bank of Bryan
Proposed Borrower.
IMA Enterprises
(d) TEXAS SHORT FORM RESIDENTIAL MORTGAGEE POLICY (Form T-2R)
Policy Amount: $
PROPOSED INSURED:
Proposed Borrower:
GF No. 1100613?3
(e) MORTGAGEE TITLE POLICY BINDER ON INTERIM CONSTRUCTION LOAN (Form T-13)
Binder Amount: $
PROPOSED INSURED:
Proposed Borrower:
(f) OTHER
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:
fMA Enterprises
University'€'€tie Company
First ntmcricao T9[ie faa-s:rancc C:ornpang
Texas CommiunentT-7 (Rev. 1-I-93)-Schedule A Valid Only if Schedule B.C. D andCoveram allaCW
SCHEDULE A - continued
GF No. 00061273
4. Legal description of land:
See Exhibit A attached hereto and evade a part hereof.
SCHEDULE B
OF No. 0006 €273
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. The following restrictive covenants of record itemized below (We must either insert specific recording data or
delete this exception):
Item No. t, 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 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 2006, and subsequent years, and
subsequent taxes and assessments by any taxing authority for prior years due to change in land usage or ownership,
but not those taxes or assessments for prior years because of an exemption granted to a previous owner of the
property under Section 11.13, Texas Tax Code, or because of improvements not assessed for a previous tax year. (If
Texas Short Form Residential Mortgagee Policy (T-2R) is issued, that policy will substitute "which become due
and payable subsequent to Date of Policy" in lieu of "for the year _ and subsequent years.")
6. The terms and conditions of the documents creating your interest in the land.
7. Materials furnished or labor performed in connection with planned construction before signing and delivering the
lien document described in Schedule A, if the land is part of the homestead of the owner.(Applies to the Mortgagee
Title Policy Binder on Interim Construction Loan only, and may be deleted if satisfactory evidence is famished to
us before a binder is issued.)
S. Liens and leases that affect the title to the land, but that are subordinate to the lien of the insured
mortgage.(Applies to Mortgagee Policy T-2 only.)
9. The Exceptions from Coverage and Express Insurance in Schedule B of the Texas Short, Form Residential
Mortgagee Policy (T-2R). (Applies to Texas Short Form Residential Mortgagee Policy (T-2R) only. Separate
university Title Company
First American Title Inser-an" Company
Texas C=rriun=T-7 (Rev. 1.1-93) - Schedale B Valid Only if Schedule A. C, D and Coverare attached
SCHEDULE B - continued
GF No. 00061273
exceptions 1 through S 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. Rights of Parties in Possession. (OWNER POUCY ONLY)
SCHEDULE C
GF No. 00061273
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:
1. Documents creating your title or interest must be approved by us and must be signed, notarized and filed for
record.
2. Satisfactory evidence must be provided that:
- 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 the validity and
priority of the insured mortgage.
3. You must pay the seller or borrower the agreed amount for your property or interest.
4. Any defect, lien or other matter that may affect title to the land or interest insured, that arises or is filed after the
effective date of this Commitment.
5. 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 2006 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 l 1..13, Te-vas T2Y 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-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.")
7. If requested in lenders closing instructions and all of our underwriting requirements are satisfied, we will issue the
T17 & T 19 Endorsements, upon payment of any 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) he 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.)
University Title Company
First .-Arner4can 'Title Insumice Company
Texas CommitmeatT-7 (Rev. 1-1-93) -Schedule C Valid ONy if Schedule A, B. D aid Coverare attached
SCHEDULE C - continued
GF No. 00061273
11. ARBITRATION:
The Owner Policy of Title insurance (Form T-1) and the Mortgagee Policy of Title Insurance (Form T-2) contain
an arbitration provision. It allows the Insured or the Company to require arbitration if the amount of insurance is
$1,000,000 or less. I f 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 Arbihation 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 1: 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. Fora copy ofthe
underwriting guidelines, please call our office.
NOTE: While a survey may be acceptable for insuring purposes, all surveys are subject to final approval by lender.
13. The following note is for information purposes only:
The following deed(s) affecting said land were recorded within the last twelve (12) months of the effective date of
this commitment:
Deed dated June 3, 2005 and recorded in Volume 6730, Page 138, Official Records, Brazos County, Texas.
Vesting Deed to owners herein is as shown above.
14. Record a Rate= of Deed of Trust to secure a Note
Grantor:
Ali Jaffar d/b/a IMA Enterprises
Trustee:
Mary C. Tucker
Beneficiary:
Citibank Texas, N.A.
Amount:
$26.500.00
Dated:
June 3, 2005
Recorded:
Volume 6730, Page 141, Official Records, Brazos County, Texas.
University Titfe Company.
By:
AudrorizedCowtmign re it.BXUP
SCHEDULE D
GF No. 00001273
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: First 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 1. DeRoy, James L. Doti, Lewis W. Douglas, Jr.,
Paul B. Fay, Jr, Donald P. Kennedy, Parker S. Kennedy, Gary L. Kermott, Thomas A. Klemens, John W.
Long, Herbert B. Tasker, Frank E. O'Bryan, James M. Orphanides, Roslyn B. Payne, D. Van Skilling, 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 PresidentlSecrelary and Corporate Counsel
- Mark R. Amesen; Vice President and General Counsel - Timothy R Sullivan; Vice President and Chief
Financial Officer- John R. Thomas; Regional Vice President - Tom E. Blackwell
2. AGENT: UNtV&;ILSI'fl'7' "FI'FF.E f: <#;4i1'.ANY
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 are as 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,/o) or more ofthe Title Insurance Agent that will receive a portion of the premium are as
follows: not applicable -
c. The following persons areofficers 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 your request, such disclosure will be made to you. Additionally, the name of any person, firm or
corporation receiving any sum from the settlement of this transaction will be disclosed on the closing or settlement statement.
You are further advised that the estimated title premium* is:
Owners Policy S 920.00
Mortgage Policy $ 100.00
Endorsement Charges $ 93.10
Total S 1d13.10
Of this total amount: $ or 1.5.000/o.will be paid to the policy issuing Title Insurance Company: $ or 85.00 o will
be retained by the issuing Title Insurance Agent, and the remainder of the estimated premium will be paid to other parties as
follows:
Amount
$
To Whom
For Services
* The estimated premium is based upon information furnished to us as of the date of this Commitment for Title Insurance.
Final determination of the amount of the premium will be made at closing in accordance with the Rules and Regulations adopted by
the State Board of Insurance.
Exhibit A
Metes and bound description of all that certain tract or parcel of land being a portion of Lot 24, Block 1, F.8. K pchinski
Subdivision, according to the_plat recorded in Volume Y. Page 618-A, of the Mechanic's Lien Records of Brazos C:ountg.
Texas. -
Said tract being, more particularly described by metes anti bounds as follows:
BEGINNING at a lead plug and tack found on the southwest line of Park Place marking the comnum corner of said Lot 24
and Lot 25, Block 11 for ret'ereuce a I" square iron bolt found marking the east corner of Lot 27, Block 1, bears: S 47 31'
14" E for a distance of 243.78 feet.
THENCE S 500 09, 21" E along the common tine of said Lot 24 and Lot 25 for a distance of' €95.27 feet to a 5/8" iron rod
found marking the south earner of this herein described tract;
THENCE N 46 04' 03" W through said Lot 24 Into distance of %.95 feet to a 513" iron rod found eu the CnmmOn fine of sahl
Lot 24 and Lod 23, Block 1;
THENCE N 500 51' 26" E along the common line of said Lot 24 and I.rit 23 for a distance of 194.15 feet to a lead ping and
tack found marking the common corner of said Las 24 and Lot. 23;
'1'fiENC:E S 476 31' 14" E along the southwest line of Park Place fur a distance of 5.1.?3 feet to the Point of Seelnuln+g,
containing 4.248 of an acre of land, more or less.
NOTE: The Company fs prohibited from insuring the area or quantity of the land described herein..-kny 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 pu pos ss and does not override Item 2 of Schedule B hereof
OF Number. 00084387
Effective Date: November 17, 2008
Examiner. JMP
NOTHING FURTHER CERTIFICATE
STATE OF TEXAS
COUNTY OF BRAZOS
THIS IS TO CERTIFY. That we have committed the records of the County Clerk of Brazos County, Texas as they
are reflected in the geographically indexed title plain ofUmversity Title Company as to the following property, to -
wit:
The Southwest 112 of Lot Twenty-four (M), Black One (I), F.S. Kopehincki s Subdivision, City of
College Station, according to plat thereof recorded in Volume "Y", Page 618A of the Meehanfe's
Lien Records of Brazos County, Texas, and being more particularly described as follows:
BEGINNING at a stake set on the Northwest line of the above mentioned tract of land which stake
is S. 53 1/2 W. 194 feet from the North comer of said tract, and is in the Southeast Bne of Hattie
Hill's tract of land:
THENCE S. 53 1/2 W. with Hattie Hill's Southeast line 194 feet and comer at the West comer of
the crater of land described in the above mentioned Deed;
THENCE S.45 E 59 feet and corner a stake for comer;
THENCE N. 53112 E 199 feet and comer a stake for corner,
THENCE N. 451/4 W 57-3/4 feet to the Place of Beginning, containing one fourth of one (1/4) acre,
more or less.; and (mown locally as 1626 APark Place.
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 that our records reflect that the following is a true and correct list of documents affecting title to the real property
described supra between the dates of February 15, 2006 and November 17, 2008:
Warty Deed of Trust
Grantor: Effie Hollie, Jr., etal
Grantee: AB Jailor dlb/a IMA Enterprise
Dated: February 15, 2006
Recorded: Volume 7166, Page 102, Official Records, Brazos County, Texas.
Declaration of Driveway.
Prom: Ali Jaffar
To: The Public
Dated: March 27, 2006
Recorded: Volume 7225, Page 30, Official Records, Brazos County, Texas.
Deed of Trust m secure a Note:
Grantor:
Ali J. Jaffar d/b/a ML4 Enterprises
Trustee:
Timothy N. Bryan
Beneficiary
The First National Bank of Bryan
Amount
5590,000.00
Dated:
March 27, 2006
Recorded
Volume 7225, Page 34, Official Records, Brazos County, Texas.
Said Note being additionally secured by Assignment ofConstmction Contracts:
Dated: March 27, 2006
Recorded Volume 7225, Page 48, Official Records, Brazos County, Texas.
Terns, Conditions, and Stipulations in the Subordination Agreement by and between:
Parties: JLM Builders and The First National Bank of Bryan
Dated: March 27, 2006
Recorded: Volume 7225, Page 57, Official Records, Brazos County, Texas.
OCT W
gL'i�G'4
jam"
0
Non -Homestead Affidavit:
From: Ali J. Jaffar
To: The Public
Dated: March 27, 2006
Recorded: Volume 7225, Page 64, Official Records, Brazos County, Texas.
Builder's and Mechanic's Lien Contract:
Owner. Ali J. Jaffar
Contractor. JLM Builders
Amount 5589,800.00
Dated: March 27, 2006
Recorded: Volume 7225. Page 70, Official Records, Brazos County, Texas.
Commencement Affidavit:
From: A6 J. Jaffar
To: The Public
Dated: March 31, 2006
Recorded: Volume 7234, Page 115, Official Records, Brazos County, Texas.
Deed of Trust to secure a Note:
Grantor. Ali Jaffar
Trustee: Dennis P. Schwartz
Beneficiary: Mortgage Electronic Registration Systems, lne. ('•MERS'�, solely as nominee for 1st
Advantage Mortgage d/b/a 1 AM, LLC
Amount $101,200.00
Dated: August28,2006
Recorded: Volume 7568, Page 76, Official Records, Brazos County, Texas.
Partial Release:
From: First National Bank of Bryan
To: Ali Jaffar
Dated: October 23, 2006
Recorded: Volume 765% Page 116, Official Records, Brazos County, Texas. (Partially Releases Deed of
Trust recorded in Volume 7225, Page 34, Official Records, Brazos County, Texas and Assignment recorded in
Volume 7225, Page 48, Official Records, Brazos County, Texas.)
This certificate is issued with the express understanding, evidenced by the acceptance of same that the undersigned
does not undertake to give or express any opinion as to the validity of the title to the property above, but is simply
reporting briefly herein as to the instruments listed above found of record pertaining to said property, and it is
expressly understood and agreed that this Certificate is neither a guaranty nor warranty of the title. By acceptance of
this Certificate it is understood that the liability of the issuer hereof is expressly limited to the actual monetary
consideration paid for same. We have not made any examination as to property taxes, tax suits, special assessments
or conflicts.
University Title Company
B ✓1 �'
fl
0- l5
Gt�Gel
VA
OF Number. 00093522
Effective Date: August 25, 2009
Examiner. ARB
NOTHING FURTHER CERTMCATE
STATE OF TEXAS
COUNTY OF BRAZOS
THIS IS TO CERTIFY: That we have examined the records ofthe County Clerk of Brazos County, Texas as they
are reflected in the geographically indexed title plant of University Title Company as to the following property, to -
wit
The Southwest 1/2 of Lot Twenty-four (24), Block One (1), F.S. Kopchincki's Subdivision, City of
College Station, according to plat thereof recorded in Volume "Y", Page 618A of the Mechanic
Lim Records of Brazos County, Texas.
and that our records reflect that the following is a true and correct list of documents affecting title to the real property
described supra between the dates of November 1, 2008 and August 25, 2009:
None of Record
This certificate is issued with the express understanding, evidenced by the acceptance of same that the undersigned
does not undertake to give or express any opinion as to the validity of the title to the property above, but is simply
reporting briefly herein as to the instruments listed above found of record pertaining to said property, and it is
expressly understood and agreed that this Certificate is neither a guaranty nor warranty ofthe title. By acceptance of
this Certificate it is understood that the liability of the issuer hereof is expressly limited to the actual monetary
consideration paid for same. We have notmade any examination as to property taxes, tax suits, special assessments
or conflicts.
University Title Company
e
i
TEXAS COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
Effective Date: April 10.2(Nt3 at 8:00 a,m.
Commitment issued December 1, 2€ S, 8:00 am.
I. 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: $
PROPOSED INSURED:
(b) TEXAS RESIDENTIAL OWNER POLICY OF TITLE INSURANCE
- ONE -TO -FOUR FAMILY RESIDENCES (Form T-IR)
Policy Amount: $
PROPOSEDINSURED:
GF No. 00032009
(c) MORTGAGEE POLICY OF TITLE INSURANCE (FORM T-2)
Policy Amount: $195,000.00
PROPOSED INSURED:
FFetls Fargo Bank Texas, N. A.
Proposed Borrower:
G. Thomas 5icton
(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: $
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:
G. Thomas Sitton
Universily Title Company
.Alamo't"rtie lasvrnnce
Texas Coaunivnent(Rev. 1-1-93)-ScheduleA Valid Only if Schedule Band C, and Cov are attached
SCHEDULE A - continued
4. Legal description of land:
GF No. tb 0321M
T3 ace One:
Northeast 112 of Lot Fourteen (.1.4). F. S. Kopchincki's Subdivision, City of College Station, according to plat
thereof record"" in Volume "Y", Page 618A of the Deed Records of Brows County, Texas,
Tract Two,
Northeast 1R of Lot Eighteen (€$}, F. S. Kopeltincki's Subdivision, City of Coilege Stariou, accordio". to plat
thereof recorded in Volume "Y". Page 618A (if the Deed Records of Btaxos County, Texas.
SCHEDULE H
OF No. 00032001)
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:
I. The following restrictive covenants of record itemized below (We must either insert specific recording data or
delete this exception):
Volume 153, Page 548; Volume 354, Page 694 and Volume 471. Page 409, Deed Records, Brazos County,
Texas; Volume 1668, Page 221, Official Records, Brazos County, Texas, but deleting any covenants, conditions
or restrictions indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap,
familial status, or national origin unless and only to the extent that said covenant (a) is exempt under Chapter 42,
Section3607 of the United States Code or (b) relates to handicap but does not discriminate against handicapped
persons.
2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments or protrusions, or any
overlapping of improvements.
3. Homestead or community property or survivorship rights, if any, of any spouse of any insured.(Applies to the
Owner Policy only.)
4. Any titles or rights asserted by anyone, including, but not limited to, persons, the public, corporations,
governments or other entities
a. to tidelands, or lands comprising the shores or beds of navigable or perennial rivers and streams, lakes, bays,
gulfs or oceans, or
b. to lands beyond the line of the harbor or bulkhead lines as established or changed by any government, or
c. to filled -in lands, or artificial islands, or
d, to statutory water rights, including riparian rights, or
e, to the area extending from the line of mean low tide to the line of vegetation, or the rights of access to that
area or easement along and across that area.
(Applies to the Owner Policy only.)
5. Standby fees, taxes and assessments by any taxing authority for the year 2003, 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 Iabor 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.)
[I niversity Title Company
Allman Title Insur:incc
Texas Commitment (Rev. 1.1-93) - Schedule B Valid Only if Schedule A and C, and Cover an: attached
SCHEDULE B - continued
OF No. 00032009
8. Liens and leases that affect the title to the land, but that are subordinate to the lien of the insured
mortgage.(Applies to Mortgagee Policy T-2 only.)
9. The Exceptions from Coverage and Express Insurance in Schedule B of the Texas Short Form Residential
Mortgagee Policy (T-2R). (Applies to Texas Short Form Residential Mortgagee Policy (T-2R) only. Separate
exceptions I through 8 of this Schedule B do not apply to the Texas Short Form Residential Mortgagee Policy (T-
2R).
10. The following matters and all terms of the documents creating or offering evidence of the matters (We must insert
matters or delete this exception):
a. Rights of Parties in Possession. (OWNER POLICY ONLY)
b. 25' building line and 30' building line on the southwest side; 15' building line on the southeast side; 7.5'
building line. T building line and 5' utility easement on the northeast side; 10' building line and 7.5' building
line on the northwest side; aerial electric line from the southeast side and from the east corner to the northwest
side; as set out on plat recorded in Volume 151, Page 547, Deed Records, Brazos County, Texas; as set out in
restrictions recorded in Volume 153, Page 548; Volume 354, Page 694 and Volume 471, Page 409, Deed
Records, Brazos County, Texas and Volume 1.668, Page 221, Official Records, Brazos County, Texas as
shown on survey prepared on April 27, 2000, under the supervision of Brad Kerr, R.P.L.S. #14502,
SCHEDULE C
OF No. 0003200
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:
1. Documents creating your title or interest must be approved by us and must be signed, notarized and filed for
record.
2. Satisfactory evidence must be provided that:
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 the validity and
priority of the insured mortgage.
3. You must pay the seller or borrower the agreed amount for your property or interest.
4. Any defect, lien or other matter that may affect title to the land or interest insured, that arises or is filed after tale
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 2003 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. IAs to Mortgagee
Polioy T-2 Only) (]f 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 lien of"for the year _ and subsequent years.")
7. We will require all Affidavit as to Debts and Liens be signed and the original provided to us prior to issuance of
any title policies.
8. 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.
9. 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 its know if we need to order the tax certificate.)
10. ARBITRATION:
The Owner Policy of Title insurance (Form T-1) and time Mortgagee Policy of Title Insurance (Porn T-2) contain
anarbitration provision. It allows the Insured or the Company to require arbitration if the amount of insurance is
$1,000,000 or less. If the Insured wants to retain the right to sue the Company in case of a dispute over a claim,
University'litte C:ompatsy
Alamo Title Insurance
Texas Commitment (Rev.1-1-93)- ScheduleC Valid Only if Schedule A and B, and Cover are attached
SCHEDULE C - continued
GF No. 00032009
the Insured must request deletion of the arbitration provision before the Polity 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 1: 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.
11. 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. Fora copy of the
underwriting guidelines, please call our office.
NOTE: While a survey may be acceptable for insuring purposes, all surveys are subjectto final approval by lender.
12, The following note is for information purposes only:
The following deed(s) affecting said land were recorded within the last twelve (12) months of the effective date of
this commitment:
General Warranty Deed:
Grantor: Melvin Robison, et al
Grantee: G. Thomas Sitton
Dated: February 5, 2003
Recorded: Volume 5194, Page A, Official Records, Brazos County, Texas.
Vesting Deed to owners shown herein is also Tire above referenced deed shown therein. (Tract One)
13. The following note is for information purposes only:
The following deed(s) affecting said land were recorded within the last twelve (1.2) months of the effective date of
this commitment:
General Warranty Deed:
Grantor: Clinton L. Robison allda Clint Robison a/ltla Clinton Robinson
Grantee: G. Thomas Sittou
Dated: March 21, 2003
Recorded: Volume 5186, Page 64, Official Records. Brazos County, Texas.
Vesting Deed to owners shown herein is also the above referenced deed shown therein. (Tract Two)
14. Furnish the marital status of G. Thomas Sitton. Company requires the joinder of spouse(s) in any transaction
involving subject property.
University Tittle Company
By:
Authori>ed Countersignaave WAE141,)
SCHEDULE C - continued
GF No, 0003209
SCHEDULED
OF No. 00032009
Pursuant to the requirements of Rule P-21, Basic Manual of Rules, Rates and Forms for the writing of Title Insurance in the State
of Texas, the following disclosures are made:
1. The following individuals are Directors and/or Officers of ALAMO 11TLE INSURANCE:
DIRECTORS
William P. Foley,11
Ronald R. Maudsley
Raymond R. Quirk
Peter T. Sadowski
Alan L. Stinson
Darryl J. Tyson
Frank P. Willey
OFFICERS
William P. Foley, II
Darryl J. Tyson
Ronald R. Maudsley
Marlan C. Walker
Alan L. Stinson
Patrick G. Farenga
Fernando Velez, Jr.
C.E.O/Chairman of the Board
Chief Operating Officer
President
Executive Vice President
Chief Financial Officer
Vice PresidentlTreasurer
Vice President/Secretary
Alamo Title Holding Company owns 100% of Alamo Title Insurance, and Fidelity National Financial, Inc. owns 100% of
Alamo Title Holding Company.
2. The following disclosures are made by the Title Insurance Agent Issuing this Commitment:
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 ofthe premium are as 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
Ogles
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 your request, such disclosure will be made to you. Additionally, the name of any person, firm or
corporation receiving any sum from the settlement of this transaction will be disclosed on the closing or settlement statement.
You are further advised that the estimated title premium* is:
Owner Policy $
Mortgagee Policy $ 1,493.00
Endorsement Charges $ 144.G
TOW $ 1.642.63
L;nhemity Title Company
.Alarno'ritle insurance
Texas Com jment(Rev. 1.1.93)-SetrAuleD Valid Only ifSchedulzA, 8 and C, and C°verare attached
SCHEDULE D
OF No. 00032009
Of this total amount: $_ or 15.00% will be paid to the policy issuing Title Insurance Company: $.____ or 85.00%will
be retained by the issuing Title Insurance Agent and the remainder of the estimated premium will be paid to other parties as
follows:
AMOUNT TO WHOM
FOR SERVICES
" The estimated premium is based upon information famished to us as of the date ofthis Commitment for Title Insurance. Final
determination of the amount of the premium will be made at closing in accordance with the Rules and Regulations adopted by the
State Board of Insurance. This Commitment is invalid unless the insuring provisions and Schedule A, B and C are attached.
University Title C:ornpany
:llama Title ingur:trece
Texas Commitment (Rev.1-1.93) - Sehedule D Valid only irScheduleA, B and C, and Coverare attached
GF Number. 00093818
Effective Data: August 24, 2009
Examiner: LBJ
NOTHING FURTHER CERTIFICATE
STATE OF TEXAS
COUNTY OF BRAZOS
THIS IS TO CERTIFY: That we have examined the records ofthe County Clerk of Bruns County, Texas as they
are reflected in the geographically indexed title plant of University Title Company as to the following property, to-
wit
Trent One:
Northeast 12 of Lot Fourteen (14), F. S. Kopchmckrs Subdivision, City of College Station,
according to plat thereof recorded in Volume "Y", Page 618A of the Deed Records of Brazos
County, Texas.
Tract Two:
Northeast 12 of Lot Eighteen (18), F. S. Kopchiacki's Subdivision, City of College Station,
according to plat thereof recorded in Volume "Y", Page 618A of the Deed Records of Brazos
County, Texas.
and that our records reflect that the following is a true and correct list of documents affecting title to the real property
described supra between the dates of November 1, 2008 and August 24, 2009:
None of Record
This certificate is issued with the express understanding, evidenced by the acceptance of same that the undersigned
does not undertake to give or express any opinion as to the validity of the title to the property above, but is srmply
reporting briefly herein as to the instruments listed above found of record pertaining to said property, and it is
expressly understood and agreed that this Certificate is neither a guaranty nor warranty of the tide. By acceptance of
this Certificate it is understood that the liability of the issuer hereof is expressly limited m the actual monetary
consideration paid for same. We have not made any examination as to property taxes, tax suits, special assessments
or conflicts.
University Title Company
�m►aics e ua ICta�
OF Number. 00084389
Effective Date: November 17, 2008
Examiner: LEL
NOTHING FURTHER CERTIFICATE
STATE OF TEXAS
COUNTY OF BRAZOS
THIS IS TO CERTIFY: That 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 as to the following property, to -
wit:
Northwest L2 of Lot Eighteen (18), F. S. Kopchincki's Subdivision, City of College Station,
according to plat thereof recorded in Volume "Y", Page 618A of the Mechanic's Lien Records of
Brazos County, Texas.
and that am records reflect that the following is a true and correct list of documents affecting title to the:eal property
described supra between the dates of March 21, 2003 and November 17, 2008:
General Warranty Deed:
Grantor: Clinton L. Robison a/Wa Clint Robison aWa Clinton Robinson
Grantee: G. Thomas Sitton
Dated: March 21, 2003
Recorded: Volume 5186, Page 64, Official Records, Brazos County, Texas.
Release:
From: Joel Lovell, Trustee for the Joyce Moore and Dale Moore Trust
To: Clinton Robinson
Dated: January 24, 2003
Recorded: Volume 5186, Page 66, Official Records, Brazos County, Texas. (Releases Deed of Trust
recorded in Volume 928, Page 96, Official Records, Brazos County, Tem.)
Deed of Trust to secure a Note:
Grantor: G. Thomas Sitton
Trustee: Stephen F. Marquart
Beneficiary: Wells Fargo Bank, National Association
Amount: S195,000.00
Dated: April 28, 2003
Recorded: Volume 5269, Page 203, Official Recmds, Brazos County, Texas.
Said Note being additionally secured by Assignment of Rents and Leases:
Dated: April A 2003
Recorded: Volume 5269, Page 213, Official Records, Brazos County, Texas.
Designation of Homestead and Affidavit ofNar Homestead:
Grantor: G. Thomas Sitton
Grantee: The Public
Dated: - April28, 2003
Recorded: Volume 5269, Page 218, Official Records, Brazos County, Texas.
Deed of Trust to secure a Note:
Grantor. G. Thomas Sitton
Trustee: Allan B. Polunsky
Beneficiary Wells Fargo Bank, N.A.
Amount $129,825.00
Dated: December29,2006
Recorded: Volume 7764, Page 172, Official Records, Brazos County, Texas. (Renews and Extends Deed
of Trust recorded in Volume 5269, Page 203, Official Records, Brazos County, Texas.)
This certificate is issued with the express undersmndmg, evidenced by the acceptance of same that the undersigned
does not undertake to give or express any opinion as to the validity of the title to the property above, but is simply
reporting briefly herein as to the instruments listed above found of record pertaining to said property, and it is
expressly understood and agreed that this Certificate is neither a guaranty nor warranty of the title. By acceptanceof
this Certificate it is understood that the liability of the issuer hereof is expressly limited to the actual monetary
consideration paid for same. We have not made any examination as to property taxes, tax suits, special assessments
or conflicts.
University Title Company
SYL-*(rrlo�
Q