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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 q woq P1= i5 5sxo,L I{tnuo:) %ozws 10 sluoaayi cra;ll s,asuvq-livi agl jo vrtg a ad ,..i.: au ITOA u11}ap.t0aea goaaagl lalci of �igp.cuaau'uopulS" anallq,,Ao :ils�'uoes3 n�pyug s,zysavyadwg7 •S'd `(11 aup aa1g '(SZ) Ayu1a-.l4uo.mL puu (£z) aaagI-Sluaml slog 0L's 14000 'ON AD panne;n0a - v yffl(ja 3s :pus1}o uogduosap 1e8a7 .t, 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 (A-INO AorlOd Ziammo) 'uolssmod ul sa)ued}o s;gAi'd T :(uoudaoxo slgl a;alap io mum Uasai xsnW apt) sjaueW agx3o aauapina Suua,;do 10 fmiaaaa muaumaop ag;;o sum; lis pue sio=tu Suln+ollod ai)1- -of -01Z -y) ,(allod as l?2uoyy leuvaplsa�7 ur�od uoNS sexay agi of ,fldde lou oP fl alnPa4aS s1N�3o 8 N$no'ED I suopdaaxa 04E 19000 'ON d'J pannunoa - g a'IRQaHDS 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 (dui; fff't) ameue!statuno� pazuoymy .�ueduto, alas,g, .Lilsuanlufl •sgxay,'SaunoJ sozewg'spwooa21 islatJdO `ZOZ a5ed `L£19 aum;op :poptooaj bOoZ`SZ aunt :pateQ 00'000`L1s :iunowy slueg sou[neS aleiS sgxa,t g'gSS'lluug ugallaMV is.nd :dtelotijomq snugpwoA -m ytagoy :aalsnt,L sasud.iaiug Vic g/g/p aeldsp!IV :wowueso :aioN s atroas of tsnu,l„ to paa{I }o asgala� g pwoaab 171 -anogv umogs m s1 tnaiaq siauMo of pae(I 2unsan 'sexa,L' dtwtoD Some'spt0002j iul3wo `OOZ aged •L£19 awn(o 1 ul pepsoaW pug SOOZ `SZ aanp palep Pala :inawliwwoa slip }o algp anuoa},{a ayt}o sipuow (7,4) anlaroi lsei lip ulq}Ins papioaai;u*a puel pp;s Smiaa,} v (s)paap �u1.MolloJ oq-L :fquo s wd.ind uog u acitu aoy sl a)ou ou'Molio3 aq.L '£1 *tapuai Aq Ignoiddg peat} o; loafgns ate sdansns lie `sasodsnd auunsul so; algmdaoag aq dew damns g aLnIM :3.LON. -aoWo mo ilea aseaid'souilapm3 o'uiigmsapun agigo dcioa a sodsavl1apin8 taiumsapun mo of 9ulptu:tag sasodsnd quunsul wo; algg;daaag sl damns P1es tayiagm awtwatap of 14213 aqi aNasat am'dantns Sutssixa aqi jo idlaaas u04(1 •dueyl'salou p1aIJ spodan.tns ayl y;•y»',Cantns pins3o ddoa algl$al `azls Ilu3 g aalnbat f11m am •da.uns aol.sd g azllgn p1m uollagsugsl laalgns3l •ZI uol7naaxa sol 8tnsolo ig nod of paivasasd oq lllm uuo3 g `uolsinad uo!lwljgwy oql jo uollalap aqi ausop pm dliadosd iu4uapisat-uod jo =ntlamd aqi are nodal 'saouaplsa-d dllusu3 moq of ouo-=wnsui aply,)o dagod slump jglluapis*l) sexay of SIddv iou slop sig•L :Z 3.Lom Isuononusul 13ulsolo uvol mo.S g9nos43 sn waodul aseold ' uolstnowd uogeiggwy agldo uonialap wisop pug vonaesuen aqi ui iopual aql we nod f1 :1 3.Lom ; mduto0 ayi of 2wiliAN dq .to uoilaesugsi aigiso leaw atp jo 5uisolo aqi awoyaq io le Stredwo0 all of u 8umnpat pug uuo} uolslnad uallesilgxVJO uoltaiatd aqt Suivals .<q stgl op ,Seto pasnsul aq•L •panssl sl dallod a(P awoloq uoisinad uotignigie a pjo uopalap isonbas isnw patnsul aql `iwelo a sano alndsip edo oseo ui SuedwoJ agi ans of ig2p asp ❑[gilt of slugm patnsul agl,ll •ssai so 000`000*ls st aoue.nisul;o ittnoun: aqi 31 uones7?gse annbaw of Stmdwo0 oql so pasnsul aqi smollu it 'uolslnosd uoggs;lgsg uu Umpoo (Z-,L uuod) 33ugmsul apLL3o dallod aa4goatoyt( aqi pug (I-,i, twod) a0mnsuf aill.L3o :tallod slump aq_L :lgol. vUllfl2ltl 'll OL7. 19000'ON 140 panullo0a - 3'A-M(l3jos 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 pagaeme=re AGOpue'OB- e'daIWQgnJ! KNOP!IsA Suuduin;,) oauesnsut at;e,L uiea!gD Q aiaPx!�S - i£6- [- ('nay} �uauq!uwoa sazay Sueduio3 ali t, 4jcsxantmd wuemsul3o pjaoE aatms a p dq pmdope suopIn2a-d pue salmd aq; qpm oompiogoe u! !Rutsolo to opew aq il!m umlu wd agt;o;unowe agt}o uotteu!uua;ap leu!3 •aouemsut ap!y ao} jwugtwwoD st,tp jo atep gnjo % sn o; pags!um1 uonuttuop! uodn paseq s! wnr=d patewgsa aq,t, sao!,vas m3 woq& oy ;unoury :smolto3 se sa!ued jaq;o o; p!ed oq 11!m wm!waad pawwpso agt;o i pu!m= aqt pue `tuasy aouvansul aplt gwnssi aqt fq pau!eati aq IP.^+°/dNl'SS to $ :AuedwoD aauvsnsu! apty 8umssj ko!lod ay; o; Pted aq lt!m o/,WSt jo $ :amount Mo; s!qa 3o OLZi9000'ON 3D Q gro(laHas 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 Vfa li=iS 3oojay geed a apem psse oxatay p pmu t lNMV9 aoS :p¢s[3o uogduosap Is2vi .p su I900o 'ON ..40 panm;aoo - v TM(IaHas 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 quo?idaaxa slgi aiajap so sioum poSnl lsnW a;h) Slailenl agi,{o aouapina o'uu@.I{o to a'ujpe o swawnoop agl;o suwn Ile pue si %vw 2uimolloj OU '01 'Olz -y) ,Callod a28e33aoW lelivaplsag uilod 3wllS sexay agl of Aldde lou op a alnpagos slgl }o s y8noitp I suolidooxo £LZ19000 'ON AD pan aguoa- g aqnQaHaS 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 (fQi arII ali48n5 MIM03pwjjaliny :Aa .tuudwo3 a3;S1. �Utssa.+!u,`t sexay •,(tuna SOME[ `sp.woad Ittoy}O It 9$ed'0£49 autnlop :papjoaad SOoZ`£aunf TOMS 00'005'9Z$ :nunouty ,V•u °suxay iluuggta ::(.two9auG2 ja)IDn•L •a iuvw :aalsnjy sosmdjDjn3 V WI u/cup ju}}tf !IV :loluelD :aloN a ajnoas of lsnty}o paaO }o aseala�l e pjoaail •tl -anoge uMogs se $l u!ajatl =UMO of paao .'outisan 'sexay',Ciunoa sozejg'spjoaa'd IetaWO `8£1 a5ed `0£L9 awnlop ul papjooaj put SOOZ'£ aunf PDWP Paao :;uawinuwoa s!yi }o altp anuaaga agl}o sgwow (ZI) anlaml tsa! aql utya?-tt PapJoaaj alam putt' Pius 5unaa}}t (s)paap 51vnollo} ayy :dluo sosodjnd uoi;eujjojw, jod sl aiou 2wmopoj ayy '£I -aopml ,Cq Itnoidde leug of ioa[gns aju s.(anjns lit `SDsodind Oupnsui jo} a{quldaaou aq hw Ran.ns e al!yA,, :flyON -0o3}o jno Ip=o aswid'sougap!ng Sullumjapun ayl;lo Scloo a joj -souilop!nS jalumiopun ano ol8ulpj000e sasod aid'utmsui jo} olgelc{aaoe s! ,Can ns pins jatpagm amuualap of;y8!•t Dill anjasaj a:a `,(anms 8unstxa Dill}o ldtaaa� nod[) :<us }t °salon play s,jodanjns Dill q;tm',Caejns plus jo ,idoa olgl8al'azts Ilnj u ajtabaj lltm am'Atmns joud t azilip 11!m u0tlaesump laafgns}I •Z( -uo!inoaxo .to} Dump lu nog( on paluawad oq !t!m uuo} e'uotsinad uo!lvjitgjN agl}o uopalop oq1 ajisop put :(uadoid leiluop wa-uou jo siaseyoand ayi m no,(}i •soouopjso2l KI!�j jnoj of Duo - aouumsul oll!y}o lWgod .iaumo lu!luep!sa-,t sexa•L of Xidde aou swop s!y.L :Z 31ON •suolnofunstn Sulsolo ueol jno,C g5nonp sn uuolui astold ` uotsinojd uoileniciiv ogi}o tiollolap ajtsap pun vogousuen zip u! japual ay; Dan no.<}I :l 2.LON -,(uWwoJ oyl 912uilijm,tq ao uotlaesura alulsa leaf otp }o 9uisolo ay; ajo}aq io it nuudtuoa otp of i! 8utumlai puu uuo} uo!s!noid uo!lun!gjt%}o uonalao ayi 8u!ais nq snp op.iew pamsul aqy panssi sl Rollod otp ojo}aq uoismid uollen!cin ayi}o uotlalap )sanbaj isnw painsul ayl. `tuttp t jano auidstp a}o asuo ut ,SusdwoO atp ans of nya'!j ayi uteiaa o; slutm pajnsui ag1} { 'ssal 10 000'000' I$ st aouemsui }o .tunowu agl}i uoitejnigjt ojmbaj of duedutoZ)ayi io pajnsul aql sn+oge ll uoiS!Aojd Uo jujvgm uu wu;ttoo (Z-y uuo j)muwnsul a!lfy}o dnilod aaBeSpovq oqi pue (1-y uuo j) oout.msul oily}o ,(ol{od jaumo ayy :NOI}.1hf.L1921w 'II £4i i90(10'oN dO 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. joaaaq g alup41g3S;a Z iuxl€ apraaano ion saop puu.soso(tmd uoraua3a3uapr aojpue jeuonumaojur ao; :ijno opum s1;nq'33aaaoo sj :s"lljuuub ao ua lu gins dutp uopulnasasda.a o lou sl ptiq jo ri3Uugnb ao eaag agl jo uollt#raasap jutal aaoge alll ur luatualnls nvg' •araaall pogr.=asap €saes alll jo ,Cupuvnb ao war, mp 8u;ansu; uto.ij pojrgrgoad sl .iuBdwoZ) ag.L a310lu -ssai .to aaou, •pue; po ajar uu Jo 83'Z'4) oulupquoa - ulnur:iag Jo iulu�l aql of lea; C. tg jo aauelslp u.loj aarlj ?laud jo aulj 11, >mglnos ilia ;Woar 3 ..f-I , K. ,J7 s T)NIH1. #£Z wy pup, qZ 31Yr mus jo aauaoa rtomtuw aqj 2ul3laum ponoj ?lael parr onld pu31 g of 3aa3 51't6# jo a3uulsep a aoj £Z ln-1 par 6Z lu'$ peas;u auy aommo3 aql .uuga 3 „9Z IS „oS N 3JM3H.L ' 3 ?laolu `£Z to i pug SZ lo'I plus jo au€# nommaa aqa no putwj pw uwr ,.8/S e of laaj S6'9SJu aaugl-W a soj K 10-1 pigs 011wt}.1 M...£o .t#P 9V !ti _L')Nei it !jaual pagraasap uraaag sjgl jo .rauaoa glnos agl aut?lsu a plinoj po.t uoaa ..8i5 a of laid LZ'56 a Jo aoue.ts#p g ao; SZ 3o-j Pug K Jn`i ples jo autl noutmoa ilia Suolu 3 �, i2 .6o ooS s 3J?ui[6t.1, aang;s;p a and 3 ,.f i , le Lt, s :saeaq s # ?lion# LZ 10,1 jo aanaaa Acaa aql 3utyarm ponnj iloq Huai air-nbs „#. a aauaaajaa aoj'I Jaol£4'SZ 1a'3 pug qZ act-. plus jo aateaoa uommaa agl aunlaew asuli} alsed;o aujl lsasaallnos aql uo puno; ?lae1 pug 8nld pail a }g :3S3NN.1.`):3a :sagollui se spuno:l puu salam nq pag:aasap il.re}n3yard aaout yuraq laual pie, ;uno;} so-rgag;o spaoaa}} uar"j s,3lurgaaih aql jo `N-819 atad'� auanloA or papiw4a lg#d'ag10.)1UlWmaau'vaslrlpgnS l?lsmgadg-y g',1 `€ ?lao#g `C?.lo^3;v ualjaod u 8u;aq €sve# jo laaaed as heal vrelaaa lutll lle jo noiaduasap pnooq pug salaba 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 �G Zozz8000 "oN ,qD ;}oajaq aivd € apvw par uaa raq pagov.av v ;iq!gxg aaS 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 suxa,(.'.4wno� sonag spiwaU let Wo L6l o2ud `SLS9 oumlon :papJoaay £ooZ `S uagwanoti :paluO le ie'uosdwogy apt :saluud vaamlaq put, Aq ivawaaa5y leningh aqi ul suoliupndllS pue `suoi;lpuoJ `suua,y p (A'1No AJI'iod d3"O) 'ZOSb#'S"t'd'N `aaax puss jo uolsl,vadns aqi npun'S()OZ 'ZZ AvIN uo p mdaad AQmns uo umogs w ,<uadoad ag73o apls iseeglnos agi uo duadoid agi apgsgno salt aouad 'o 'Zoo B'Td"d `=)I pua8,}o uolslnaadns aqi aapun `SpoZ `ZZ K'eyN, uo paaudaad ,farms uo umogs su :sopls lsomginos puu isuagUou aqi uo aull 2ulppnq ,5'L `.Opts lseaginos aql uo aull 2ucpllnq ;pZ :apls isomquou aqi uo atilt 2ulpllnq ,SZ 'q (A'INO A01'10d 213MAW) 'uolssasso,l ul saliaud}o SIOD1 'u :(uopdaaxa su11 aialap ao sionew uasui lsnw aM) saauew aqi 3o oovapgna &gJQMo ao 2u11uaao sluownoop agi;o s=m 11E pm saauew 2ulmollod aqy '01 '(az -,L) ,fogod aa2u2uow lagivaplsod uuod cogs sexay aqi of ,fldde iou op g alnpagoS slgi jo s gSnoagi 1 suolidaoxo 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 01P ql'Q wMeASIZIMOD Pa Uoglntl .Saedwo;) a;;11. A;lsaa.vu;l 'ss000e;o'JOel Oise suot;daon atuladoidds agi u!eluoa ll!m pansi aq of salollod hue ao `ulaaaq sjau++o ag101 POlUrIZn .Gluanbas(Ins sl ao `IWI) slop ssaooe Bons jega aouap!na /ao;ou3s!ws ajmara3 1ltm a,,& 'jOen laafgns wot1 pue o1 ssaaae pa;sO;pap 3o alas-7 'p •sgxa L `6;nno0 sozeag 'spioaag leloy30 '9£ 019ed'L60Z awnloq at paPjoaaj pug 17661'SZ gaaety POMP sem ulaaaq umogs uoumo o; Paaq guysaA •sexay °.i4uno0 sozwg 'spt000M lelayyO `61 aged `9689 awnloq ul POP.waa.i pug SOOZ `9Z lsnguV payup sum tn"aq umogs saaumo 0; POOR gupsap •sexa,L';yuno;) sozetg'spjOaald 1913WO `Lb aged `t6LgL autniop to papaooaa Pug 90OZ'bZ aagopo payep sum ulaaaq umogs saaume oy paaa 2MISOA :stpuotu angy-,fi.uamy 5ulpaoaad aqa .io; ewdns paglmsap luadoid teat aqj o1 a!1p.gugoa),ye saaaajo lsg loaaaoo pug anal a si gulmollod lip legs loayaa spmaw ino pin; buudwoO aiylj, Atisean!url;o;uetd aµll paxapui AllwitidwBoag ag1 ul polzoi{aa OIL Aag; se'sexay,'.SaunoO sozeag,lo'+'ajD AUuno3 041 JO spioaaj aq; poulttiexa aeeg og, :014!.L3o ulugD gyuolq ano3-Aiva,uI '£l jopuai .<q Ienwdde leuy of vofgns oju sXanans lie `sasodand 9ulmsut joy alquidncte aq,iuw Saran e al!gK+ :3,1.ON •sawtap!eE aoaji. topun jno o; gutp tooae sasodmd a'upnsul jqy atqu;daoae sl Aanans pigs jagyagm auluualap o1 yggl.t alp on zsoj am'.{an3ns gtu n ag;;o ldloow uodn •Aue;l'sa;ou play s,joko..+jns agy ipca `,fanjns ples,{o .Cdoa alglgal'azls lloJ a anabaa lllnt am'danans aoiad a azylln ❑lm uolyagsuey yaafgns ya •Z t vojjnooxa jq} gulsolo v nag of pa;uasotd oq Ipm =Oj s'uo!slnojd uol;e4!g3V agl}o uollalap oqi ansop pus kuodotd tuµuaplsai-uoulo sjassgoind agy ale no,C1l 'soouapis;`�l ,tllwtj jnoq a ouo - aougjnsul atlty)o ,ia!lod xaumO lelluapisayi sexe,L of nldde;ou saop slq.L :Z 3.LON 'suotlorulsul gulsolo ueol anos ggnojq; sn uuo3w aseold' uolsinwd uol;unigav aqi jo uollalap wisop pue uonossugn atµ tit aapual og; aje noAjj :T 3.LON 'AwdwoO otp of Sulipm 49 to uolizrsuaij a;eiso tew 4q1 10 guisolo aiµ ojo;aq to 1e ,tusdwoO oil; o;11 Suivanlai pug uuo3 volstno d uolluulgjy;o u0110JOG 141 gutugls Aq sigl op Sew pwnsul aq,L 'panssl sl 6ago'l aq1 ajo32q uotslnojd voi;ej;lgag ag110 uohaiap;sanbaa;snw paansul oqy 'wleto u jano ainds!p a jo aseo ui nuudwoJ zip ans of itop ag; ulg;oi of sluem painsul aq;3l 'ss'ai jo OOQ'OQO• t$ sl aoua3nsul,;o aunoute aq; jl uoµuallgas annbai o; AiedwoJ airy 10 patnsul atp smollu;j 'uolslnoad uonejl!gag tie uls;uoa lZ-,L uuo;l) aavuanul alllllo ^011od aa�ijoiN acp ryes (t-,L wjod) aoireansul all!-L dv �Ca!lod aau,++p ayy : NiOLLt+2C.LIE�1H 'I1 ZOZZ80WON d'J 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 duuduxo:) aaug asut a13!3, iEuos;rh :Sp!iap!,p Q alnPaM-(£6-t-I'-d)xgauu}=00s l .Suedwo.3 all;y :Siss.xaA}u�7 pagoew om 3 pug fi `b salnpagaS Pug suorslnoul 2uunsw aqp ssalun pgoAu} sl ivaunluwoo snly 'wmnsul JO pxeog aie3S ayx lq paidope suolue}n2ag pm solny aqp qi!m aauepj=s ul 2ulsolo le opuw aq ll!m um!uw3d axp}o punOwe ag3;o uogeuftammp Iguld 'aaumnsul opj, 3o; waunswuxoo slgp;o aiep aqp 3o se sn op pagslmxg uogeuuo;w uodn paseq ss uxnwaid paiem}zsa aqy , S3 W d3S Wl 4 ItInowv :sAwllo3 se soloed raypo op P!gd aq [Jim umluemxd paieeurM alp jo npipumt aqp pm iva8y oougmsul ags 1, 5ulnss! aqp Air paunna3 aq fl!Ax %oo'SS Jo —$ :,Cueduxo0 auuemsul aply 8umssl for aio of Pled aq IE^+ %oo-s p io $ :3unom leU4 slgp30 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