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TEXAS RESIDENTIAL OWNER POLICY OF TITLE INSURANCE
ONE -TO -FOUR FAMILY RESIDENCES
Policy No. 7209743- 115927 -
CHICAGO TITLE INSURANCE COMPANY
OWNER'SCQ RAVT+ GESTATTEMENT
This Policy insures yom, title to the land described in Schedule
A . if that land is a one -to -four family residential property or
condominium unit. Your Insurance, as described in this Cover-
age Statement, is effective on thePofrcy Date shown in Schedule
A.
This document is title insurance. It is not an opinion ormport of
your title. It is a contract of indemnity, meaning a promise to
pay you or take other action if you have a loss resulting from a
covered title risk.
Your insurance under this contract is limited by the following:
• Exclusions on page 2.
• Exceptions in Schedule B, Insert.
• Conditions on pages 2, 3, and 4.
We insum you against actual toss resulting from:
• Any title risk covered by this Policy - up to the
Policy Amount, and
• An cost, attomeys' fees and expenses we have to pay
under this Policy. We must approve the attorney
bforethe attorney begins rework. You have the right
to disapprove our choice of attorney for reasonable
cause.
COVERED TITLE RISKS
This Policy covers the following title risks subject to the
Exceptions ( Schedule B ) and Exclusions (p.2, 3, and 4). Whey
affect your title tothe land on the Policy Date. Wedonotpromtse
that them are no covered risks. We do insure you if there Ore
covered title risks.
1. Someone else owns an interest in your title.
2. A document is invalid because of improper signature,
acknowledgment, delivery, or reeo ng..
3. A document is invalid because of forgery, fraud,
duress, incompetency, incapacity or impersonation.
Reorder Fenn No. 8274 (Reprinted In/On)
4. Restrictive covenants apply to your thlo.
5. There is a lien on your title because of-
• a mortgage or deed of trust,
• a judgement, tax; or special assessment, or
• a charge by a homeowner's or condominium asso-
ciation.
6. There are liens on your title for labor and material which
have their inception before the policy date, However, we
will not cover liens for labor and material thatyou
agreed to pay for.
7. Others have rights in your title arising out of leases,
contracts or optionx.
S. Someone else leas an easament on your land.
9, You do not have good and indefeasible title.
10. There are other defects inyour title.
11. There are other liens or encumbrances on your title.
This poll y also rovers the followjy)u title rick:
You do not have any legal tight of access to and from the land.
We will defend your title in the part or )tans of a court rase
involving a Title Risk covered by this Policy. We will pay the
costs, attameys' fees, and expenses that we incur in that defense.
We will not pay for the parts of a case not involving a covered title
risk. You may disapprove our choice of attorney for reasonable
cause.
We can end this duty to defend your title by exercising any of our
options listed in Item 4 of the Conditions, ace page 3.
This Policy is not complete without Schedules A and B
An Authorized party also must countersign this policy.
CHICAGO TITLE INSURANCE COMPANY
By; �r
l--
President
ATrMT.
,,Z < Secretary
Residential Owner's Policy Title insurance (f-I R)
Page 1
3 : U3 CC
TABLE OF CONTENTS
1117 S Coverage Statement.......................................................................
1 Conditions....................................................................................................2
vexedTitle Risks.. ............. .........
................................... 1 1.
Definitions .... ..................................... .,......................................
... 2
2.
Continuation of Coverage .............. ................. ....... ............ ..........
3
r Duty To Defend Against Court Cases ...................
., 1
3.
Your Duties if You Make a Claim...............................................3
tcdule A....................................................................................
,......Insert
4.
Our Choices When you Notify Us of a Claim... ............... ..........
3
Policy Number, Date and Amount
5.
Handling a Claim or Court Case ...............
1. Name of Insured
'- - 6.
Limitation of our Liability ............................................_.......
..... 4
2. Interest in Land Covered
7.
Transfer of Your Rights...............................................................
4
3. Description of the Land
8.
Arbitration..................._...............................................................4
redule B - Exceptions.......................................................................Insert
9.
Entire Contract Provision............,................................................
4
10.
Complaint Notice.........................................................................4
elusions ....................
.......2
EXCLUSIONS
addition to the Exceptions in Schedule B, we do not insure you against
s, costs, attorney's fees, and expenses resulting from these Exclusions:
1. We do not cover loss caused by the exercise of governmental
police power or the enforcement or violation of any law or
government regulation. This includes building and zoning ordi-
nances and laws and regulations concerning:
a. Land use
b. Improvements on the land
c. Land division
d. Environmental protection
This exclusion does not apply to notices of violations or notices of
enforcement that appear in the public records at Policy Date. How-
ever, there may be an Exception in Schedule B.
2. We do not cover the right to take the land by condemning it, unless:
a. a notice of exercise of the right appears in the public
records on the Policy Date, or
b. the taking happened before the Policy Date and is binding on
you if you bought the land without knowing of the taking.
3. We do not cover title risks:
a, that are created, allowed, or agreed to by you,
b. that are known to you, but not to us on the Policy Date unless
they appeared in the public records,
C. that result in no loss. to you, or
UDIRIOMPI
a. Acival Loss. This is the difference between the value of your land
without the covered title risk and the value of your land with the
covered title risk. These values are the respective values at thetime
you must furnish proof of your loss.
It. Document. A deed or other conveyance of title to you or a prior
owner.
c. Easement. A portion of your land someone else has the right to use
for a special purpose,
d. Government Regulation. Any federal, state, or local law, consti-
tutional provision, regulation, ordinan guideline.
d. that first affect your title after the Policy Date -this does not
limit the labor and material lien coverage in Item 6 of the
Covered Title Risks.
4. We do not cover the effect of failure to pay value for your title.
5. We do not cover lack of a right:
a. to any land outside the area specifically described and referred
to in Item 3 of Schedule A.
In. in streets, alleys, or waterways that touch your land.
This exclusion does not limit the access coverage in the Covered
Title Risks.
6. We donot cover any claim based upon allegations that yourpurchase
of title (or acquisition of title by gift or otherwise):
a. was - fraudulent conveyance, fraudulent transfer, voidable
distribution, or voidable dividend;
b. should he subordinated or rechamctorized as a result of equi-
table subordination;
c. was a preferential transfer unless
(1) the company or its issuing agent failed to timely file for
record the deed to you after delivery or
(2) the recordation of the deed to you is not legal record notice.
(We do cover the two types of claims described in c. 0) and c.
(2) above.)
7. We do not cover the refusal of any person to buy, lease or lend money
on your land because of unmarketability of the title.
8. We do not cover claims concerning the physical condition of your
land or of the access to your land,
e, L,,WJ. The land or condominium unit described in Schedule A and
any improvements on the land that are real property.
r. Knowled a or known. Actual knowledge, not constructive know-
ledge or notice that may be imputed to an insured by the, public
records.
g, Mortgag . A type of demon the land such as adeed of trust ormher
security instrument.
h. public Records. Those records required by Texas law and main•
twined by ptofffcials in the county where the property is located
that give lc§Wotice of matters affecting your title. -
Page 4
gt%as
OWNER POLICY OF TITLE INSURANCE
SCHEDULE A
G.F. No. 0516187TH
Policy No, 7209743-115927
Amount of Insurance: 5779,506.20
Premium: $5,315.30
Date of Poliev: March 29, 2006, 03:32 pm
1. Name of Insured: Weingarten Realty Investors, a Texas heal Estate Investment Trust
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 in: Weingarten Realty Investors, a Texas Real Estate
Investment Trust
4. The land referred to in this policy is described as follows:
All that certain 7.158 acres of land out of the tract of land described in the Last Will and Testament of Ida Mae Lee
to John Thornton, recorded in Volume 243, Page 278, in the Deed Records of Brazos County, Texas, which is out of
103 acres described in deed recorded in Volume 130, Page 453, in the Deed Records of Brazos County, Texas, and
referenced in Volume 30, Page 482, in the Deed Records of Brazos County, Texas, in the Robert Stevenson Survey,
A-54, City of College Station, Brazos County, Texas, and being more particularly described by metes and bounds as
found on Exhibit "A" attached hereto and made a part hereof for all purposes.
Chicago Title Insurance Company
1
Y:.EIT"Tr'rrTT "A"
"
All that certain 7.158 acres of land out of the tract of land described in fire Last Will and Testament of Ida Mae Lee to Sohn
Thornton, recorded in Volume 243, Page 278. in the Deed Records of Brazos County, Texas, which Is out of 103 ncres
described in the deed recorded in Volume'130, Page 453, in the Deed Records of Brazos County, Texas, and referenced in
Volume 30, page 482, la the Deed Records of Brazos County, Texas, to the Robert Stevenson Survey, A-54, City or College
Station, Brazos County, Texas (ail hearings shown herein are based on the Texas State Plane Coordinate System, Central
Zone);
BEGINNING at a 1/2" from rod found for the south coaster of the 5.92 acre tract of land described Indeed from Edward and
Beatrice Uvacek to Mann Patel, recorded In Volutoe 2202, Pago 246, in the Deed Records of Brazos Cmmty,'Texas, In the
northwest line of said 103 acre tract, in the northeast right -of way line of State Highway 6 (a varlable-width right-ofwny);
THENCE North 40' 49' 05" East - 938.27' along the northwest line of the herein described tract and the said 103 acre tract,
common to the southeast line of said 6,92 acre tract, ton 1/2" iron rod found for theorist corner of sold 592 acre tract, In a
southwest line of the 17.213 acre tract of land described In deed from Edward and Beatrice Uvacek to JLP Development
Group, 11, L.G.C., recorded In Volume 5192, Page 001, In the Deed Records or Brazos County, Texas;
THENCE South 48' 26' 40" East" 470.89' sl ong a northeast line of the herein described tract, common to the southwest line
of said I7.213 acre tract to a 1/2" iron rod found for the south corner of sold 17,213 acre tract, common to the west corner of
a 30.00 acre tract of land described to deed from First Republieitank A&M to College Station Independent School District,
recorded to Volume 1033, Page 534, In the Deed Records of Brazos County, Texas;
THENCE South 47' 37' 07" East - 191.35' along the northeastlina of the herein described tract, common to tba southwest
line of said 30.00 acre tract, to an angle corner of the herein described tract, common to the north corner of a 0.76 acre tract
of land described as Tract 2In deed from Claude E. Dullols to David P. Barker, recorded In Volume 2599, Page 346, in the
Deed Records of Brazos County, Texas, and from which a I" Iron pipc found for the east corner of a 4.84 aeretraet of land
described As Tract I In said dead to David P. Barker, bears South 4r 37' 07" East -665.00;
THENCE South 41' 15' 11" West- 364.29' along the northwest Zinc of sold 0.76 acre tract man angle corner of the herein
described tract, common to the west turner of said Tract 2;
THENCE South 47'26' 39" East - 89A4 along the southwest line of said 0,76 acre tract, to an angle corner of the herein
described tract, common the-souh.comer of said 9.76 acre tract, and the west corner of aforesaid 4.84 acre tract, and an
angle corner of the 71.52 acre tract, described as Tract 2In the deed from Bert Wheeler's, Inc., to M, D. Wheeler, Ltd.,
recorded In Volume 3007, Page 341, in the Deed Records of Brazos County, Texas;
THENCE South 41" 2714811 West - 382.70' to a 1" Iron pipe found for the mast southerly corner ofthe herein described tract,
comment to An angle corner of said 7152 acre tract',
THENCE North 47' 06' 42" West-160.85' to a 5/8" Iron rod (disturbed) found fro the south corner of the 5,00 sere tract
described in deed from Cornerstone Free Will Baptist Church to M, D. Wheeler, Ltd., recorded In Volume 4210, Page 287, In
the Deed Records of Brazos County. Texas,
THENCE North 40' 53' 53" East - 414.82' along the southeast line of said 5.00 acre tract to the east corner of sold 5.00 acre
tract;
THENCE North 47" 04' 427' West - 525.16' along the northeast line creak! 5.00 acre tract, to a 518" Iron rod with a cap
stumped "RPLS-2972" found for the north corner of saint 5.00 acre tract;
THENCE South 40' 55' 09" West • 415.12' along the northwest line of said 5.00 acre tract to a 112" iron rod found for the
west corner of said 5.00 acre tract, common to an angle corner of aforesaid 71.52 acre tract;
THENCE South 41' 00' 00" West - 132.22' to a 518" Iron rod with a cap stamped "Pate" set for an angle corner of the herein
described tract, In the northeast right-of-way line of aforesaid State Highway 6, from which a found TxDOT monument bears
South 21" 52' 47" East-55.88;
THENCE North 21" 52' 47" West - 6S,64' along the northeast line of said State Highway 6, to the POINT OR BEGINNING
and containing 7.158 acres of land; more or less
NOTE: The Company does not represent that the above acreage or square footage calculations are correct.
OWNER POLICY OF TITLE INSURANCE
SCHEDULE B
GY. No, 0516187TH
Policy No. 7209743-115927
EXCEPTIONS FROM COVERAGE
This policy does not insure against foss 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 0te following matters:
I. Theme-tiv er-m ert-- ti nding-data-er-delete-this-'
2. Any diseFeluifleie5, eonflicts, oF shortages in area e�beea'�t>]` tnents ttr-proh�ustons;-t�riur}�ttg'
sf-impeevementc.
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 the line of harbor or bulkhead lines as established or changed by any government, or
c. 10 filled -in lands, or artificial islands, or
d, to statutory water rights, including riparian rights, or
e, to the area extending from the line of mean low tide to the line of vegetation, or the rights of access to that area or
easement along and across that area.
5. Standby fees, taxes and assessments by any taxing authority for the year 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.
6. The following matters and all terms of the documents creating or offering evidence of the matters (We must insert matters or
delete this exception.):
A. A twenty-five (25') foot utility easement on west side of subject property dated January 15, 1987, from Ida Me
Lee to the City of College Station, recorded in Volume 945, Page 385 of the Official Records of Brazos
County, Texas.
b. Blanket Easement dated May 3, 1983, from Ida Mae Lee to the City of Bryan, recorded In Volume 575, Page
99 of the Deed Records of Brazos County, Texas,
Chicago Title Insurance Company
E
0
Continuation of Schedule B Policy No. 7209743-115927
c. Easement dated May 9, 1983, from Ida Mae Lee to the City of Bryan, recorded in Volume 630, Page 53 of the
Official Records of Brazos County, Texas.
Countersigned
Chi Mlle ins nce ComponV
By
o ' Co nter Signature
Chicago Title Insurance Company
ENDORSEMENT T-3
C.F. NO.: 0516187TH
Attached to and made part of Policy Number 7209743-115927 , this 29th day of March,
2006.
Subparagraphs (i) and (ii) of Paragraph I (a) of the CONDITIONS AND
STIPULATIONS of the Form T-1 Owner Policy of Title Insurance are hereby deleted in
their entirety, and the following are substituted in their place and stead:
(i) the successors in interest to a corporation, limited liability company or limited liability
partnership resulting from merger or consolidation or conversion or the distribution of the
assets of the corporation or limited liability company or limited liability partnership upon
partial or complete liquidation;
(ii) the successors in interest to a general or limited partnership or limited liability
company or limited liability partnership which dissolves but does not terminate.
Nothing herein contained shall be construed as extending or changing the effective date
of the aforesaid policy or interim construction binder, unless otherwise expressly stated.
This endorsement, when countersigned below by an Authorized Countersignature, is
made a part of said policy and is subject to the Schedules, Exclusions from Coverage, and
Conditions and Stipulations therein, except as modified by the provisions' hereof.
by:Chicago Title Insurance Company
By '�
c ized ounter Signature
ENDORSEMENT FORM T-3 Correction Endorsement for T-I Owner Policy
E
Chicago Title Insurance Company
Owner Policy Number: 7209743-115927
G.P. No, 0516187TH
Premium Amount
Rate Rules
property
County
Liability
Dale
Type
Code
1
2
3
4
5
6
7
8
$5,315.30
1000
41
5779,506.20
03/29/2006
OS00
Via- f froLk-
OWNER POLICY OF TITLE INSURANCE0 `
Issued By
Fidelity National Title
INSURANCE COMPANY
POLICY 1343- 8721 A
NUMBER
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CON-
TAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, FIDELITY NATIONAL TITLE INSUR-
ANCE COMPANY, a California corporation, herein called the Company, Insures, as of Date of Policy shown in
Scheduie A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained
or incurred by the Insured by reason of:
1. Title to the estate or Interest described in Schedule A being vested other than as stated therein;
2. Any defect in or lien or encumbrance on the title;
3. Any statutory or constitutional mechanic's, contractor's, ormaterialman's lien for labor or material
having its inception on or before Date of Policy;
4. Lack of a right of access to and from the land;
5. Lack of good and Indefeasible title.
The Company also Will pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured,
but only to the extent provided in the Conditions and Stipulations.
IN WITNESS HEREOF, Fidelity National Title Insurance Company has caused this Policy to be executed by
Its President under the seal of the Company, but this Policy is to be valid only when it bears an authorized
countersignature, as of the date set forth in Schedule A.
Form 1343 (11105)
Fidelity National Title Insurance Company
8Y (f n
SBAI. tjt���' `•t�ift.� (,.-- Prehident
ATTEST
�� � Secretary
Texas Form T-1: Owner Policy of Title Insurance
Effective 414102
0. cf�
EXCLUSIONS FROM COVERAGE
is following matters are expressly excluded from the coverage of this Policy and the Company will not pay loss or damage, costs, attorneys fees or expenses
tick arise by reason of:
(a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating,
prohibiting or relating to: (I) tha occupancy, use, or enjoyment of the land; ifi) the character, dimensions or location of any improveroent now or hereafter
erected on the land: (lip a separation in ownership or the change In the dimensions or area of the land or any parcel of which the land is or was a part;
or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice
of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded
in the public records at Dale of Policy.
(b) Any governments[ police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or
encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any
taking that has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. .
Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the Insured Claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the Insured Claimant and not disclosed in writing to the
Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this Policy;
(c) resulting in no loss or damage to the Insured Claimant;
Mattaching or created subsequent to Date of POIIOYI
resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the estate or interest insured by this Policy.
The refusal of any person to purchase, lease or lend money an the estate or Interest covered hereby in the land described in Schedule A because of
unmarketabilily of the litle.
Any claim which arises out of the transaction vesting in the person named in paragraph 3 of Schedule A the estate or interest insured by this policy, by reason
of the operation of federal bankruptcy, state insolvency, or other slate or federal creditors' rights taws that is based on either: (1) the transaction creating the
estate or Interest insured by this Policy being deemed a fraudulent conveyance or fraudulent transfer or a voidable distribution or voidable dividend; (ii) the
subordination or recharacterization of the estate or interest Insured by this Policy as a result of the application or the doctrine of equitable subordination; or
(III) the transaction creating the estate or interest insured by this Policy being deemed o preferential transfer except where the preferential transfer results
from the failure of the Company or Its Issuing agent to timely file for record the instrument of transfer to the Insured after delivery or the failure of such
recordation to Impart notice to a purchaser for value or a judgment or lien creditor.
CONDITIONS AND STIPULATIONS
DEFINITION OF TERMS.
to following terms when used in this Policy mean:
"Insured": the Insured. named In Schedule A, and subject to any rights or defenses the Company would have had against the named Insured, those who
succeed to the interest of the named Insured by operation of law as distinguished from purchase including, but not limited to, heirs, distributees, devisees,
survivors, personal representatives, next of kin, or corporate, partnership or fiduciary successors, and specifically, without limitation, the following:
(1) the successors in interest to a corporation, limited liability company or limited liability partnership resulting from merger or consolidation or conversion or
the distribution of the assets of the corporation, limited liability company or limited liability partnership upon partial or complete liquidation;
(ii) the successors in interest to a general or limited partnership Or limited liability company or gaged liability partnership which dissolves but does not
terminate;
(III) the successors in Interest to a general or limited partnership resulting from the distribution of the assets of the general or limited partnership upon partial
or complete liquidation;
(fv) the successors In interest to a joint venture resulting from the distribution of the assets of the joint venture upon partial or complete liquidation;
(v) the successor or substitute frustee(s) of a trustee named in a written trust instrument: or
(vp the successors in interest to a trustee or trust resulting from the distribution of all or part of the assets of the trust to the beneficiaries thereof.
"insured claimant": an Insured claiming loss or damage.
"knowledge" or "known": actual Knowledge, not constructive knowledge or notice that may be imputed to an Insured by reason of the public records as
defined in this Policy or any other records which Impart constructive notice of matters affecting the land.
"land": the land described or referred to in Schedule A, and Improvements affixed thereto that by law constitute real property. The term "land" does not include
any property beyond the lines of the area described or referred to in Schedule A, nor any right, title, interest, estate or easement in abutting streets, roads,
avenues, allays, lanes, ways, or waterways, but nothing herein shall modify or limit the extent to which a right of access to and from the land is insured by
this Policy.
mortgage`. mortgage, deed of trust, trust deed, or other security instrument.
I °public records": records established under state statutes at Date of Policy for the purpose of Imparting constructive notice of matters relating to real property
to purchasers for value and without knowledge. With respect to Section I(a)(Iv) of the Exclusions From Coverage, "public records" also shall include
environmental protection liens filed in the records of the clerk of the United States district court for fife district In which the land is located.
"access": legal fight of access to the land and not the physical condition of access. The coverage provided as to access does not assure the adequacy of
access for the use Intended. '
CONINUATIONOFINSURANCEAEERCONVEYANCEOFTIILE
The coverage of this Policy shall continue In force as Of Date of Policy in favor of an Insured only so long as the Insured retains an estate or interest in the land,
or holds an Indebtedness secured by a purchase money mortgage given by a purchaser from the Insured, or only so long as the Insured shall have liability by
reason of covenants of warranty made by the Insured in any transfer or conveyance of the estate or interest. This Policy shall not continue in force in favor
of any purchaser from the Insured of either: (i) an estate or interest in the land, or (if) an indebtedness secured by a purchase money mortgage given to the
The Insured shall notify the Company promptly in writing in case of any litigation as set forth in Section A(a) below, or (0) in case knowledge shall Come to
an Insured hereunder of any claim of title or interest that is adverse to the title to the estate or interest, as insured, and that might cause loss or damage for
which the Company may be liable by virtue of this Policy. If prompt notice shall not be given to the Company, then as to the Insured all liability of the Company
shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case
prejudice the rights of any Insured under this Policy unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. When,
after the date of the Policy, the Insured notifies the Company as required herein of a lien, encumbrance, adverse claim or other defect In title to the estate or
interest in the land insured by this Policy that is not excluded or excepted from the coverage of this Policy, the Company shall promptly investigate the charge
to determine whether the lien, encumbrance, adverse claim or defect is valid and not barred by law or statute. The Company shall notify the insured in writing,
within a reasonable time, of Its determination as to the validity or invalidity of the Insured's claim or charge under the Policy. If the Company concludes that the
lien, encumbrance, adverse claim or defect is not covered by this Policy, or was Otherwise addressed In the closing of the transaction in connection with
which this Policy was Issued, the Company shall specifically advise the Insured of the reasons of its determination. If the Company concludes that the lien,
encumbrance, adverse claim or defect is valid, the Company shall take one of the following actions:. (i) institute the necessary proceedings to clear the lien,
encumbrance, adverse claim, or defect from the title to the estate as insured; (i) indemnify the Insured as provided in this Policy; (ilp upon payment of
appropriate premium and charges therefor, issue to the Insured Claimant or to a subsequent owner, mortgagee or holder of the estate or interest in the land
insured by this Policy, a Policy Write Insurance without exception for the lien, encumbrance, adverse claim or defect, said Policy to be in an amount equal to
the current value of the property or, if a Mortgagee Policy, the amount of the loan; (iv) indemnity another title Insurance company in connection with its issuance
of a pollcy(les) of title insurance without exception for the lien, encumbrance, adverse claim or defect; (v) secure a release or other document discharging
the lien, encumbrance, adverse claim or defect; or (vi) undertake a combination of (1) through (v) herein.
DEFENSE AND PROSECUTION OF ACTIONS DUTY OF INSURED CLAIMANT TO COOPERATE.
(a) Upon written request by the Insured and subject to the options contained in Secllon 6 of these Conditions and Stipulations, the Company, at its own cost
and without unreasonable delay, shall provide for the defense of an Insured in litigation in which any third party asserts a claim adverse to the title or
interest as insured, but only as to those stated causes of action alleging a defect, lien or encumbrance or other matter insured against by this Policy. The
OWNER POLICY OF TITLE INSURANCE
SCHEDULE A
G.F. No, 06000616
Policy No. 1343-87216
Amount of Insurance: $1,547,250.00
Premium: $9,565.70
Date of Policy: May 10, 2006, 2:59 pm
Nameofinsured: WEINGARTEN/INVESTMENTS, INC., A TEXAS CORPORATION
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 in: WEINGARTEN/INVESTMENTS, INC., A TEXAS
CORPORATION
4. The land referred to in this policy is described as follows:
All that certain 5.917 acres of land which is the 5.92 acres of land described in Deed from Edward and Beatrice
Uvacek to Mann Patel, recorded in Volume 2202, Page 246, in the Deed Records of Brazos, County, Texas in the
Robert Stevenson Survey, A-54, City of College Station, Brazos County, Texas and being more particularly
described by metes and bounds as found on EXHIBIT "A" attached hereto and made a part hereof for all purposes.
Fidelity National Title Insurance Company Page I
.. 7 i � iM � •,1
V i
METES AND BOUNDS DESCRIP71ON
5,917 ACRES
ROBERT STEVENSON SURVEY, A-54
CRY OF COLLEGE STATION, BRAZOS COUNTY, TEXAS
All that certain 5.917 acres of land which is the 5.92 acres of land described in
deed from Edward and Beatrice Uvacek to Manu Patel, recorded in Volume 2202,
Page 246, in the Deed Records of Brazos County, Texas, in the Robert Stevenson
Survey A--54, City of College Station, Brazos County, Texas (all bearings shown
heron are based on the Texas State Plane Coordinate System, Central Zone);
BEGINNING at a 5/8" iron rod found for the north comer of the heroin described
tract, common to the west corner of a 17.213 acne tract of land described in the
deed from Edward and Beatrice Uvacek to JLM Development Group, 11, L.L.C.,
recorded In Volume 5192, •Page 001, in the Deed Records of Brazos County, Texas,
In the south right—of—way line of Old Rock Prairie Road (R.O.W. Varies);
THENCE South 47` 53' 03" East — 297.50' along the northeast line of the herein
described tract, common to the southwest line of said 17.213 acre tract, to a
1/2" iron rod found for east comer of the herein described tract, in the northwest
line of the tract described in the Last will and Testament of Ida Mae Lee to John
Thornton recorded in Volume 243, Page 278, in the Deed Records of Brazos
County, Texas, from which a 1/2" iron rod found for the south comer of said
17.213 acre tract bears South 48' 26' 40" East — 470.89%
THENCE South 40' 49' 05" West — $38.27' along the southeast line of the herein
described tract, common to the northwest line of said tract to John Thornton, to a
1/2" iron rod found for the south comer of the herein described tract, in the
northeast right—of—way line of State Highway 6 .(a variable —width right —of --way);
THENCE North 219 52' 47" West — 433.11' along the southwest line of the herein
described tract, common to the northeast right—of—way line of said State Highway
6, to a 5/8" iron rod with a cap stamped "PATE" set for the west comer of the
herein described tract, at the Intersection of said. State Highway 6 and aforesaid
Old Rock Prairie Road, from which a TxDOT monument found bears North 12' 56'
sill west — 66.69%
THENCE North 46' 31' 21" East — 652,24' along the west line of the herein
described tract to the POINT OF BEGINNING and containing 5.917 acres of land.
G.F. No. 06000616
Policy No. 1343-87216
OWNER POLICY OF TITLE INSURANCE
SCHEDULES
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attomeys' 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 r-delstCihib
exeel3t16n}:'
2. Any di--__anc es . angiets ^-shortages in area er4reundaq�4u:xts; et'•any-ensreasitments-or-prsirtts+ons-or-any-evettappiag
e�imprevements.
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 the line of harbor or bulkhead lines as established or changed by any government, or
c. to filled -in lands, or artificial islands, or
d. to statutory water rights, including riparian rights, or
e. to the area extending from the line of mean low tide to the line of vegetation, or the rights of access to that area or
easement along and across that area. -
S. Standby fees, taxes and assessments by any taxing authority for the year 2006, and subsequent years; 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 1 1.13, Texas Tax Code, or because of improvements not assessed for a previous tax year.
6. The following matters and all terms of the documents creating or offering evidence of the matters (We must insert matters or
delete this exception);
A. Easement dated April 20,3937, from C.F. Goen to the City of Bryan, and recorded in Volume 98, Page 78 of
the Deed Records of Brazos County, TX.
b. Easement dated April 2,1987, from RepublicBank A & M to City of College Station, and recorded in Volume
962, Page 464 of the Official Records of Brazos County, Texas.
C. Easement dated July 22, 1997, from FirstRepublieflank A & M to College Station, and recorded in Volume
987, Page 716 of the Official Records of Brazos County, Texas.
d. Miueral reservation reserved in Deed dated February 1,1952, from C.F. Goen to Walter Sayers, and
recorded in Volume 152, Page 221 of the Deed Records of Brazos County, Texas, TITLE to said interest had
Fidelity National Title Insurance Company Page I
Continuation of Schedule B Policy.No. 1343-87216
NOT been Investigated subsequent to the date of the aforesaid instrument.
e. Mineral reservation reserved in Deed dated September 8, 1994, from Edward Uvacek, Jr, and wife, Beatrice
G. Uvacek to Mann Patel, and recorded in Volume 2202, Page 246 of the Official Records of Brazos County,
Texas. TITLE to said interest has NOT been investigated subsequent to the date of the aforesaid instrument.
Oil and Gas Lease dated September 1, 1998, by and between Edward Uvacek, Jr, and wife, as Lessors and
Crimson Energy Company, as Lessee, and recorded in Volume 3276, Page 223 of the Official Records
ofBrazos County, Texas. TITLE to said interest has NOT been investigated susbsequent to the date of the
Aforesaid instrument.
g. Waiver of Surface Use dated June 29, 1998, Yront American Florite, Inc. to Mann Patel, and recorded in
Volume 3186, Page 45 of the Official Records of Brazos County, Texas. TITLE to said interest has NOT been
investigated subsequent to the date of the aforesaid instrument.
Countersigned
FIDELITY NATIONAL TITLE
INSURANCE COMPANY
By:
4;�"
Fidelity National Title Insurance Company Page 2
Fidelity National Title Insurance Company
Owner Policy Number: 1343-87216
G.P. No,06000616
Premium Amount
Rate Rules
- Property
County
Liability
Date
Type.
Code
6
7
8
2
3
4
5
„
$9,565.70
1000
21
$1,547,250.00
05/I0M06
0500
Company shall have the right to select counsel of its choice (subject to the fight of the insured to object for reasonable cause) to represent the Insured
as to those stated causes of action and shall not be liable for and will not pay tho fees of any other counsel. The Company will not pay any fees, costs
or expenses incurred by the Insured in the defense of those causes of action that allege matters not insured against by this Policy.
(b) The Company shall have the right, at its own cost, to institute and prosecute any action or proceeding or to do any other act that in its opinion may be
necessary or desirable to establish the title to the estate or Interest as Insured. or to prevent or reduce loss or damage to the Insured. The Company may
take any appropriate action under the terms of this Policy, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any
provision of this Policy. If the Company shall exercise its rights under this paragraph, it shall do so diligently.
(c) Whenever the Company shall have brought an action or interposed a defense as required or permitted by the provisions of this Policy, the Company may
pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the fight, In its sole discretion, to appeal from any
adverse judgment or order.
(d) In all cases where this Policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding, the Insured shall
secure to the Company the right to so prosecute or provide defense in the action or proceeding, and all appeals therein, and permit the Company to use,
at its option, the name of the Insured for this purpose. Whenever requested by the Company, the Insured, at the Company's expense, shall give the
Company all reasonable old: (1) in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding,
or effecting settlement, and (it) in any other lawful act that in the opinion of the Company may be necessary or desirable to establish the title to the estate
or interest as insured. If the Company is prejudiced by the failure of the Insured to furnish the required cooperation, the Company's obligations to the
Insured under the Policy shall terminate. Including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or
matters requiring such cooperation.
PROOF OF LOSS on DAMAGE.
In addition to and after the notices required under Section 3 of these Conditions and Stipulations have been provided the Company, a proof of loss or damage
signed and sworn to by the insured Claimant shall be furnished to the Company within 91 days after the Insured Claimant shall ascertain the facts giving rise
to the loss or damage. The proof of loss or damage shall describe the defect In, or lien or encumbrance on the title, or other matter Insured against by this Policy
that constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company
is prejudiced by the failure of the Insured Claimant to provide the required proof of loss or damage, the Company's obligations to the Insured'under the Policy
shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such proof of
loss or damage. In addition, the Insured Claimant may reasonably be required to submit to examination under oath by any authorized representative of the
Company and shall produce for examination, inspection and copying, at Such reasonable times and places as may be designated by any authorized
represelative, of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Dale of Policy,
which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Insured Claimant shall grant its
permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks correspondence
and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the
Insured Claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is
necessary in the administration of the claim. Failure of the Insured Claimant to submit for examination under oath, produce other reasonably requested
information or grant permission to secure reasonably necessary Information from third parties as required in this paragraph shall terminate any liability of the
6. OPTIO(�,SOPAY OR OTHERWISE SETTLE 'Corm tcmm� r+
In case of a claim under this Policy, the Company shall have the following additional options:
(a) To pay or Tender Payment of the Amount of Insurance. To pay or tender payment of the Amount of Insurance under this Policy, together with any costs,
attorneys' fees and expenses Incurred by the Insured Claimant, which were authorized by the Company, up to the time of payment or tender of payment
and which the Company is obligated to pay. Upon the exercise by the Company of this option, all liability and obligations to the Insured under this Policy,
other than to make the payment required, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, and the Policy
shall be surrendered to the Company for cancellation.
(b) To Pay or Otherwise $stile With Parties Other than the insured or With the Insured Claimant.
(i) to pay or otherwise settle with other parties for or in the name of an Insured Claimant any claim Insured against under this Policy, together with any
costs, attorneys' fees and expenses Incurred by the Insured Claimant, which were authorized by the Company up to the lime of payment and which
the Company is Obligated to pay; or
(fi) to pay or otherwise settle with the Insured Claimant the loss or damage provided for under this Policy, together with any costs, attorneys' fees and
expenses Incurred by the Insured Claimant which were authorized by the Company up to the time of payment and which the Company is obligated
to pay.
Upon the exercise by the Company of either of the options provided for in paragraphs (b)(1) or (it), the Company's obligations to the Insured under this
Policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute
or continue any litigation.
7. O J'EBMINATION,,.EXTENTOK LiAHILITYANOCOIN URANCE
This Policy is a contract or indemnity against actual monetary loss or damage sustained or incurred by the Insured Claimant who has suffered loss or damage
by reason of matters insured against by this Policy and only to the extent herein described.
(a) The liability of the Company under this Policy shall not exceed the least of:
(i) the Amount of Insurance stated in Schedule A;
(11) the difference between the value of the Insured estate or interest as insured and the value of the insured estate or interest subject to the defect,
lien or encumbrance Insured against by this Policy at the date the Insured Claimant is required to furnish to Company a proof of loss or damage in
accordance with Section 5 of these Conditions and Stipulations.
(b) In the event the Amount of Insurance stated in Schedule A at the Date of Policy is less than 60 percent of the value of the insured estate of interest or
the full consideration paid for the land, whichever is less, or if subsequent to the Date of Policy an improvement is erected on the land which increases
the value of the Insured estate or interest by at least 20 percent over the Amount of Insurance staled in Schedule A, then this Policy is subject to the
following:
(1) where no subsequent Improvement has been made, as to any partial loss, the Company shall only pay the loss pro rate in the proportion that the
Amount of Insurance at Date of Policy bears to the total value of the Insured estate or interest at Date of Policy,or
(11) where a subsequent improvement has been made, as to any partial loss, the Company shall Only pay the loss pro rate in the proportion that 120
percent of the Amount of Insurance stated in Schedule A bears to the sum of the Amount of Insurance stated in Schedule A and the amount
expended for the improvement.
The provisions of this paragraph shall not apply to costs, attomeys' fees and expenses for which the Company Is liable under this Policy, and shall only apply
to that portion of any loss which exceeds, in the aggregate, 10 percent of the Amount of Insurance stated in Schedule A.
(c) The Company will pay only those costs, attorneys' fees and expenses incurred in accordance with Section 4 of these Conditions and Stipulations.
a. 11PPORTtONMENT.
If the land described in Schedule A consists of two or more parcels that are not used as a single site, and a loss Is established affecting one or mare of the
parcels but not all, the loss shall be computed and settled on a on, rate basis as if the Amount of Insurance under this Policy was divided pro rate as to the
value on Date of Policy of each separate parcel to the whole, exclusive of any improvements made subsequent to Date of Policy, unless a liability or value has
otherwise been agreed upon as to each parcel by the Company and the Insured at the time of the Issuance of this Policy and shown by an express statement
or by an endorsement attached to this Policy.
S. LIMITATION OF LIAHILTY.
(a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures the lark of a right of access to or from the land, all as
insured, or takes action in accordance with Section 3 or Section 6, in a reasonably diligent manner by any method, including lifigation and the completion
of any appeals therefrom, It shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused
thereby.
(b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until
there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title as insured.
(0) The Company shall not be liable for loss or damage to any Insured for liability voluntarily assumed by the Insured in setting any claim of suit Without the
prior written consent of the Company.
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FORMT-t111NNERSP&MVt)FTM.F INSURANCE
{ If you want Information about coverage or need assistance to resolve complaints, please call our toll free number. 1-800-72e-1002. If you make a claim under
your policy, you must furnish written notice in accordance with Section 3 of the Conditions and Stipulations.
Malt our Wond-Wide Web site at: hap:1twwvv.stewart.ccm
S OWNER'S POLICY OF TITLE INSURANCE ISSUES) BY
N i �� .Y
1
title guaranty company
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE 8 AND
THE CONDITIONS AND STIPULATIONS, STEWART TITLE GUARANTY COMPANY, a Texas corporation, herein called the Company,
Insures, as of Date of Policy shown In Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A,
sustained orincuned by the insured by reason of;
1. Tithe to the estate or interestdescdbedinSchedule Abeing vested otherthanasstated therein;
2, Anydefectinorlien orencumbranceonthe title;
3. Any statutory orconsthutionalmechanic's,contractors, or materialmant lien for laborer material having itsinceptiorl on orbefore
Date of Polioy;
4, Lackofafight ofaccess toandtromthe land,
5. Lack of good and indefeasible fide.
The Company also will pay the costs, attomeys' tees and expanses incurred in defense of the title, as insured, but only to the extent
providedln the Conditions and Stipulations.
IN WITNESS WHEREOF Stewart Title Guaranty Company has caused this policy to be signed and sealed by its duly authorized
officers as of)he date of Policy shown in Schedule A.
-stewarf
�L {
President
Chairman of lhJ Board aItA
eunlersig I / /e�� �S.-;vE.'cpy.=
u ze�iwn ens tine ure q,-, t
OS CAUNTC PBSTRACT s (Xv(pANY`a 14j'a
College Station, Texas
caty, 't�afe'"`�--
IXCLUSIONS FROM COVERAGE
The fallowing matters are expressly excluded from the coverage of this policy and the Compary will not pay loss or damage, costs, aaamays' fees or expenses which
arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating,
prohibiting or relating to (I) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected
on the land; (III) a separation in ownership or a change In the dimensions or area of the land or any parcel of which the land is or was a pad: or (Iv)
environmental protection, or the effect of arty violation of these laws, ordinances or governmental regulations, except to the edem that a notice of the enforcement
thereof or a notice of a detect, Gen or encumbrance Insulting from a violation or alleged violation affecting the land has been recorded in the public records at Date
otPolicy.
(b) Any governmental polite power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or
encumbrance resulting from a violation or alleged violation aff lding the land hosbeen recorded in the public records at Bate of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in The public records at Dote of Policy, hot not excluding from coverage any
taking that has occurred prior to Dote of Polity which would be binding on the rights of a purchaser for value without knowledge.
3. Defem,fiens,encumbrances, adverse claims orother matters:
(a) created,suffered, assumed or agreed to by The Insureddoimom)
(b) not known to the Company, not recorded in The public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the
Company by the insured claimant prior to the dote the insured claimant became an insured under fills policy;
(c) resulting in no loss or damage to the insured claimant;
(d) otlo[hingoraeatedsubsequamla0oteofPoliry;
(e) resulting In Ion or damage which would not have been sustained If the insured claimant had paid value for, the estate or interest insured by this policy.
4. The reheat of any person to purchase, lease or lard money on the estate or interest covered hereby In the land described in Schedule A because of
unmarketabllity ofthe title.
5. Any claim, whidi arises out of the transadion vesting in the person nomad in paragraph 3 of Schedule A the estate or interest insured by this policy, by reason of
She operation of federal bankruptcy, state insolvency, or other state of federal creditors' rights laws, that is based on either (1) the transaction creating the estate or
interest Insured by this Policy being deemed a fraudulent conveyance or fraudulent transfer or a voidable distribution or voidable dividend, III) the subordination
or recharaderization of the estate or interest insured by this Policy as a result of the application of the doctrine of equitable subcaordinclion, or (SIT) The hammilan
treating the estate or interest insured by This Policy being deemed o preferential tronder except where the preferential transfer results from the failure of the
Company or its issuing agent to Timely file for record the instrument of Transfer to the insured altardeliveryorthe failure olsuchrecordation toimport notice too
;purchaser for value or a judgment or lion creditor. w®ewe
(Hev a-4in)
CONDITIONS AND STIPULATIONS
1. DEFINITION OF TERMS, or defied is valid, the Company shall take one of the followingg actions: (1) institute
The following terms when used in this policy mean: the necossory proceedings to clear the lien, enambmnce, adverse claim or defect
(a) "insured": the insured named in Schedule A, and, subject to any rights or from the title to the estate as insured; (if) indemnify the insured as provided in ibis
defenses the Company would have had against the named insured, those who policy; (Pt) upon payment of appropriate premium and charges therefor, issue to the
succeed to the interest of the named insured by operation of law as distinguished insured claimant or to a subsequent owner, morl%gee or holder of the estate or
from purchase including, but not limited to, heirs, distrlbm¢es, devlsees, survivors, Interest in the land Insured by this policy, a polity i title insurance without exception
personal representatives, next of kin, or corporate, partnership or fiduciary for the lien, encumbrance, adverse claim or defect, said policy to be In an amount
suttessors,ond soeullmlly. without limitations, the following: equal le the current value of the properly or, li a mortgagee policy, the amount of
U) the successors in interest to a carp iratlon, limited PaHlily company or linuted the loan; (w) indemnify another title insurance company in connection with its
kill yparinersM1tp resulting from muger or consolidation or conversion or the distribution of issuance at -a wllcy(ies) of title inscusime-without exception for the lion,
the assets of the corporalion or limitedrlabiley company or Pmfted lfubillly partnership upon encumbrance, adverse claim or defed; (y) secure a release or other document
(d) chasedessonininteresito9generalorPlanesparinershiporAmlineIm May dischomina the lien, encumbrance, adverse doim or defect;. ar full undertake a
company or limited liability partnership which dissolves bur does not terminate;
jm) the successors in interest to a general or limited paAmership resulting
from the distribution of the assets of the general or limited partnership upon partial
or complete liquidation;
(!v) the successors in interest to a joint venture reselling from the
distribution of the arsets of the joint venture upon nitialorcompleteliquidation;
(v) the successor or substitute trustee(si of a trustee named in a wriPen
trust instrument- or
(A) the successors in inferest to a trustee or trust resulting from the
distribution of all or part of the assets of the trust to the beneficiaries thereof.
!b) "insured (laimant":aninsured daimingloss ordamage.
c) "knowledge" or "known": actual knowledge, not consiruaWe knowledge or
notice that may he imputed to an insured by reason of the public retards as defined
in this policy or any other records which import constructive notice of matter$
(d) "land". the land described or referred to in Schedule A, and improvements
affixed thereto that bylaw constitute real property. Theterm "land" does not include
any Pro
pPerty beyond the lines of the area destibed or referred to in Schedule A, nor
OR
y nght, fide, interest, estate or easement in abutting streets, roads, avenues,
alleys, lanes, ways or waterwoys but nothingg herein shall modify or limit the extent
aI which o sight of access to and #ram the land is insured by this policy.
(e) "mortgage": mortgage, deed of trust, trust deed, or other security
instrument.
(Fy public records records established, under state statutes at Date of Policy
for the purpose of imparting constructive notice of matters relating to real Propertyto
PPurchasers for value and without knowledge, With respect to Sualwn l(a)(ivl of the
Exdusians From Coverage, "public records" also shall include environmental
protection liens filed in the records of the clerk of the United States district court for
the dishid in which she land is located.
(g) "access" : legal right of access to the land and not the physical Coodigon of
access. The coverage provided as to access does not assure the adequacy of access for
the use intended.
2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE.
The coverage of this policy sholl continue in force as of Data of Policy in favor of
on Insured only so long as the insured rejoins an estate or interest in the land, or
holds an indebtedness secured by a purchase money mortgage given by a purchaser
from the Insured, or only so long ns the insured shall have liability by reason of
covenants of warranty made by the insured in any transfer or conveyance of the
estate or Interest. This policy shall not continue in force in favor of any purchaser
from the insured of either (I) an estate or interest to the land, or (I i an indebtedness
secured by a purchase money mortgage given to the insured.
1NOTICE OF CLAIM10 BE GIVEN DY INSURED CLAIMANT.
The insured shall portly the Company prom fly in writing (I incase of any
litigation as set forth in Section 4(o) below or, (Olin case knowledge shelf came to
an insured hereunder of anydaire of tltle m interest that Is Odverse to the title to the
estate or interest, as insured, and that might muse lass or damage for which the
Company may he liable byvidue of Ihiscphty. If prompt notice shall not he given to
the Company, then as to the insured all I!abilly of the Company shall terminate with
regard to the matter or mailers for which Prompt notice is required; provided
however, that lailme to notify the Company shall in no case Pro udico the rights of
any insured under Ihis pogry unless the'am""'shall be prejudiced by the failure
and then only to the extent of the prejudice.
When, aftm she Data for the Polity, the insured no"' The Campony as
required herein of a lion encumbrance, adverse claim ar mbar detect is title to the
estate or interest in the (and insured by this peltqq that !s not excluded or excepted
from the coverage of this policy, the Company shall promptly investigate the charge
to determine whether the lien, entmbrant, adverse claim ar doted is valid and not
barred by law ar statute. The Company shall nollty Ike in
wmd !n writing, within a
reasonable time, of its determination as to tha unitdity or invalidity of the insurer's
claim ar Cho ' undor,this paltry. If the Campony tondudes that the lien,
encumbrance, adverse claim or defect !s not covered by this Itol�q, at was otherwise
addressed in the dosing of the home...... in connection wish which this policy was
issued, the Company shall specifically advise the insured of the reasons for its
determination. cif iho Company concludes that the Hen, encumbrance, adverse claim
fcomtnued and conclu
.................. s..... __,,.. ..
A DEFENSE A D PROSE UTION OF ACTIONS; Ot11Y OF INSURED CLAIMANT TO
COOPERATE
(a) Upon wrlNen request by the insured and subject to the options contained in
Section 6 of these Conditions and Stipulations, the Company, at its own cost and
without unreasonable delay, shall provide for the defense of an insured In litigation
in which only third parrtyty asserts a Claim adverse to the fide or interest as insured, but
only as to thew sloted causes of salon alleging a defect, lien or encumbrance or
other matter insured against by this policy. The Componq shall have the right to
select counsel of ill choice (subject to the right of the insisted to object for reasonable
muse) to represent fire insured as to those stated mucus of action and shall not be
liable for and will not pay the fees of any other counsel. The Company will not pay
any fees, costs or expenses incurred by the insured in the defense of those muses of
action that allege matters not insured against by this policy.
(b) The Company shall have the right, at its own lost, to institute and prosecute
any anion or proceeding or to do any other ad that in its opinion may be necessary
or desirable to eslabl'uh the title to the estate or interest, as insured, or to prevent or
reduce lass or damage to the insured. The Companyy may take any appropriate
action under the terms of this policy, whether or not it staff be liable hereunder, and
shall not thereby concede liability or waive any prevision of this poliy. If the
Company shelf exercise it rights under this paragraph, it shall do so diligent Y.
It) Whenever the Company shall have brought on adion or interposed a
defense as required or permitted by the provisions of this policy, the Company may
pursue any litigation to final determination by a toad of competent lurisdidion and
expressly reserves the right, in its sole discretion, to appeal from any adverse
judgment or order.
(d) in all cases where this policy permits or requires the Campion y to prosecete
or provide forthe defense of any action orpraeeding, the insured shelf ware lathe
Company The right to w prosecute or provide defense In the action or proceeding,
and all appeals therein, and permit the Company to use, at its option, the name of
the insured for this purpose. Whenever requested by the Company, the insured, at
the Company's expense, shall give the Company all reasonable atd (i) in an p action
or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the
action or proceeding, or Offering settlement, and (it) in any other lawful act that in
the opinion of the Company may be necessary or desirable to establish the title to the
estate or interest as insured. if the Company is prejudiced by the failure of the
Insured to furnish the required cooperation, the Company's obligations to the insured
under the policy shall terminate, including anp liob lity or obligation to defend,
prosecute, or continue any litigation, with regard to tho.mener or matters requiting
such cowppemtion.
5. PR OF OF LOSS OR DAMAGE.
In addition to and after the notices required under Section 3 of these Conditions
and Stipulations have been provided the Company, a pproof of loss or damage signed
and sworn to by the insured daimant shall be famished to the Company within 91
days after the insured claimant shall ascertain the falls It
rise to the loss or
damagge. The proof of loss or damage shall describe the defied in, or lien or
encumbrance on the title, or other matter Insured against by this policy that
constitutes the basis of loss or damage and shall siate, to the extent possible, the
6osis of calculating the amount of the loss or damage, if the Company is pre allied
by the failure of the insured daimant to provide the required proof of (ms or
damage, the Company's obligations to the insured under the policy shall loundmate,
including ony liability or obligation to defend, prosecute, or continue any litigation,
with regard to tfie minter or matters requiring such proof of loss or damage.
In addition, the insured daimant may reasonably be required to submit to
axaminafion under oath by any authorized representattve of the Company and shall
prodnco for exominatfnn, insppeafon and ropyng, aYsuch reasonable times and
plates as maybe designptod by any authorized rePresemafive of the Company, all
ecords, books, ledgers, checks, tortespondente and memoranda, w'hethor IsiM7g a
date before or offer Dom of Polity, which reasonably pariah, to the lass or damage.
Further, if requested by any authorized representative of I , m ony the hnsurad
daimant shall grant Its permission, in writing, for any aulhbr repVesemanve of
the Company to examine, inspect and copy all records, books, ledgers, checks,
or
r
Premium:$15,646.90 1000,0500 �', . P-L
STEWART TITLE GUARANTY COMPANY
SCHEDULE A
File No.: 142411 Policy No.: 0-5841-257812
POLICY AMOUNT: $2,714,631.00
POLICY DATE: January 6, 2006 at 10:37 AM
1. NAME OF INSURED:
WEINGARTEN REALTY INVESTORS, a Texas Real Estate Investment Trust
2. WE INSURE YOUR INTEREST IN THE LAND COVERED BY THIS POLICY IS:
FEE SIMPLE
3. TITLE TO THE ESTATE OR INTEREST IN THE LAND IS VESTED IN:
WEINGARTEN REALTY INVESTORS, a Texas Real Estate Investment Trust
4. LEGAL DESCRIPTION OF THE LAND:
All that certain 19,10 acres of land, out of the 10.01 acre tract described as7ract 1 and the 71.52 acre
tract described as Tract 2 from Bert Wheeler's, Inc., to IVI. 0, Wheeler, Ltd, recorded it, Volume 3007,
Page 341, in the Deed Records of Brazos County Texas, and the 5.00 acre tract described in deed from
Cornerstone Free Will Baptist Church to M. D. Wheeler, Ltd., recorded in Volume 4210, Page 287, in the
Deed Records of Brazos County, Texas, in the ROBERT STEVENSON SURVEY, A-54, City of College
Station, Brazos County, Texas (all bearings based on the Texas State Plane Coordinate System, Central
Zone):
COMMENCING at a 1/2" iron rod found for the south corner of the 5.92 acre tract described in deed from
Edward and Beatrice Uvacek to Menu Patel, recorded in Volume 2202, Page 246,.in the Dead Records of
Brazos County, Texas, and in the northeast right-of-way line of State Highway 6 (a variable -width right-of-
way); Thence South 210 52' 47" East - 65.64' along the northeast right-of-way line of said State Highway
6, to a 5/8" iron rod with a cap stamped "PATE" set for the most westerly corner and the POINT OF
BEGINNING of the herein described tract;
THENCE North 41000' 00" East- 132.22'along the northwest line of aforesaid 71.62 acre tract, to a 1 /2"
iron rod found for an angle comer of the herein described tract, common to the west comer of aforesaid
5.00 acre tract;
THENCE North 400 55' 09" East - 415.12' along the northwest line of said 6,00 acre tract, to a 5/8" iron
rod with a cap stamped RPLS "2972" found for the north corner of said 5.00 acre tract;
BRAZOS COUNTY ABSTRACT COMPANY
Authorized Signature
S"f EWART TITLE GUARANTY COMPANY y
SCHEDULE A
File No.: 142411 (Continued) Policy No.:0-5841-257812
THENCE South 470 04' 42" East - 525.16' along the northeast line of said 5.00 acre tract to the east
corner of said 5.00 acre tract;
THENCE South 400 53' 53" West-414.82' along the southeast line of said 5.00 acre tract, to a 5/8" iron
rod (disturbed) found for the south comer of said 5.00 acre tract, in a northeast line of aforesaid 71.52
acre tract;
THENCE South 47° 06 42" East - %0.85' to a 1" iron pipe found for an angle corner of the herein
described tract;
THENCE North 410 27' 48" East— 382.70' along a northwest line of said 71.52 acre tract to an angle
comer of said 71.52 acre tract, common to the west comer of the 4.84 acre tract described in deed as
Tract 1 and the south corner of the 0.76 acre tract described as Tract 2 in the deed from Claude E.
DuBois to David P. Barker, recorded in Volume 2599, Page 346, in the peed Records of Brazos County,
Texas;
THENCE South 470 2639" East - 575.61' along a northeast line of said 71.52 acre tract, common to the
southwest line of said 4.84 acre tract, to a 1" iron pipe found for an angle corner of the herein described
tract, common to the south corner of said 4.84 acre tract;
THENCE South 4101611" West - 858.50' to a 5/8" iron rod with a cap stamped "PATE" set for the south
comer of the herein described tract, in the northeast right-of-way line of aforesaid State Highway 6;
THENCE North 34" 26' 47" West - 726.76 along the northeast line of said State Highway 6, to a TxbOT
monument found for an angle comer of the herein described tract;
THENCE North 32° 1 T 28" West-1033.4V continuing along the northeast line of said State Highway6 to
a TXDOT monument found for an angle corner of the herein described tract;
THENCE North 210 52' 47" West - 55.88' continuing along the northeast line of said State Highway 6, to
the POINT OF BEGINNING and containing 19.10 acres of land.
STEWART TITLE GUARANTY COMPANY =
SCHEDULE B
File No.: 142411 Policy No.: 0-5841-257812
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 OR EASEMENTS, 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):
Item No. 1 is hereby deleted in its entirety.
2. ANY SHORTAGES IN AREA.
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. TO FILLED -IN LANDS, OR ARTIFICIAL ISLANDS, OR
D. TO STATUTORY WATER RIGHTS, INCLUDING RIPARIAN RIGHTS, OR
E. TO THE AREA EXTENDING FROM THE LINE OF MEAN LOW TIDE TO THE LINE OF
VEGETATION, OR THE RIGHTS OF ACCESS TO THAT AREA OR EASEMENT ALONG AND
ACROSS THAT AREA.
5. STANDBY FEES, TAXES AND ASSESSMENTS BY ANY TAXING AUTHORITY FOR THE YEAR 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.
6. THE FOLLOWING MATTERS AND ALL TERMS OF THE DOCUMENT CREATING OR OFFERING
EVIDENCE OF THE MATTERS (WE MUST INSERT MATTERS OR DELETE THIS EXCEPTION.):
a. This item intentionally deleted.
b. This item intentionally deleted.
c. Right -of -Way Easement from Mrs. Sarah Higgins to The State of Texas, dated May7,1937, recorded
in Volume 98, page 73, Deed Records of Brazos County, Texas and noted on survey prepared
December 20, 2005 by David Carlton Lewis, Registered Professional Land Surveyor, State of Texas,
No. 5647.
d. Right -of -Way Easement from Ida Mae Lee to City of Bryan, dated April 28, 1983, recorded in Votume
575, page 99, Deed Records of Brazos County, Texas and noted on survey prepared December 20,
2005 by David Carlton Lewis, Registered Professional Land Surveyor, State of Texas, No. 5647.
STEWART TITLE GUARANTY COMPANY
SCHEDULE B
File No.: 142411 (Continued) Policy No.; 0-5841-257812
e. Right -of -Way Easement from Cornerstone Free Will Baptist Church to City of Bryan, dated June 16,
1983, recorded in Volume 583, page 264, Deed Records of Brazos County, Texas and noted on
survey prepared December 20, 2005 by David Carlton Lewis, Registered Professional Land Surveyor,
State of Texas, No. 5647.
f. Right -of -Way Easement from Ida Mae Lee to City of Bryan, dated May 9, 1983, recorded in Volume
630, page 53, Official Records of Brazos County, Texas and noted on survey prepared December 20,
2005 by David Carlton Lewis, Registered Professional Land Surveyor, State of Texas, No. 5647.
g. This item intentionally deleted.
h. This item intentionally deleted.
i. This item intentionally deleted.
j. This item intentionally deleted.
k. Utility Easement from Bert Wheeler's, Inc. to City of College Station, dated January 16, 1987,
recorded in Volume 945, page 388, Official Records of Brazos County, Texas and shown as a 26'
utility easement parallel to State Highway 6 on survey prepared December 20, 2005 by David Carlton
Lewis, Registered Professional Land Surveyor, State of Texas, No. 5647.
I. Royalty reservation in Deed from Joseph C. Hornsey et ux to Bert Wheeler's, Inc., dated June 16,
1981, recorded in Volume 487, page 215, Deed Records of Brazos County, Texas. Title to this
reservation has not been traced subsequent to the date of the above -cited instrument.
m. Mineral reservation in Deed from Ida Mae Lee to Cornerstone Free Will Baptist Church, dated April
29, 1983, recorded in Volume 572, page 306, Deed Records of Brazos County, Texas. Title to this
reservation has not been traced subsequent to the date of the above -cited instrument.
n. Mineral reservation in Deed from M. D. Wheeler, Ltd. to Weingarten Realty Investors, dated
December 12, 2005 recorded in Volume 7097, page 158, Official Records of Brazos County, Texas;
subject to terms and conditions of surface waiver contained there. Title to this reservation has not
been traced subsequent to the date of the above -cited instrument.
o. The Tax Certificate furnished by the taxing authorities is issued on real estate only. It does not
include minerals and/or personal property, therefore, no liability is assumed herein forthe paymentof
said mineral and/or personal property tax.
BRAZOS COUNTY ABSTRACT COMPANY
PRIVACY POLICY NOTICE
PURPOSE Or TIiMS NOTICE
Title V of the Gramm -Leach -Bliley Act (GLBA) generally prohibits any financial
institution, directly or through its affiliates, from sharing nonpublic personal information
about you with a nonaffiliated third party unless the institution provides you with a notice
of its privacy policies and practices, such as the type of information that it collects about
you and the categories of persons or entities to whom it may be disclosed. In compliance
with the GLBA, we are providing you with this document, which,notifies you of the
privacy policies and practices of Brazos County. Abstract Company.
We may collect nonpublic personal information about you from the following sources:
• information we receive.from you, such as on applications or other forms.
• Information about your transactions we secure from our files, or from our
affiliates or others.
• Information we receive from a consumer reporting agency.
• Information that we receive from others involved in your transaction, such as the
real estate agent or lender.
Unless it is specifically stated otherwise in an amended Privacy Policy Notice,, no
additional nonpublic personal information will be collected about you.
We may disclose any of the above information that we collect about out customers or
former customers to our affiliates or to nonaffiliated third parties as permitted by law.
We also may disclose this information about our customers or former customers to the
following types of nonaffiliated companies that perform marketing. services on our behalf
or with whom we have joint marketing agreements:
• Financial service providers such as companies engaged in banking, consumer
finance, securities and insurance.
• Non -financial companies such as envelope stuffers and other fulfillment service
providers
WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL. INFORMATION ABOUT
YOU WITII ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY
PERMITTED BY LAW.
We restrict access to nonpublic personal information about you to those employees who
need to Arnow that information in order to provide products or services to you. We
maintain physical, electronic and procedural safeguards that comply with federal
regulations to guard your nonpublic personal information.
TOM GIESENSCHLAG, Attorney -at -Law
and
BRAZOS COUNTY ABSTRACT COMPANY
PRIVACY POLICY NOTICE
PURPOSE OF THIS NOTICE
Title V of the Gramm -Leach -Bliley Act (GLBA) generally prohibits any financial
institution,_ directly or through its affiliates, from sharing nonpublic personal information
about you with a nonaffiliated third party. unless the institution provides you with a notice
of its privacy policies'and practices, such as the type of information that it collects about
you and the categories of persons or entities to whom it may be disclosed. In compliance
with the GLBA, we are. providing you with this. document, which notifies you of the
privacy policies and practices of Brazos .County Abstract .Company and Tom
Glesenschlag, Attorney -at -Law,
We may collect nonpublic personal information about you from the following sources:
• information we receive from you, such as on applications or other forms.
Information about your transactions we secure from our files, or from our
affiliates or others.
. Information we receive from a consumer reporting agency.,
Information that we receive from others involved in your transaction, such as the
real estate agent or lender.
ptnlPas it is specifically stated otherwise in an amended Privacy Policy Notice. no
additional nonpublic personal information will be collected about you.
We may disclose any. of the above information that we collect about our customers or
former customers to our affiliates or to nonaffiliated third parties as permitted by law.
We also may disclose this information about our customers or former customers to the
following types of nonaffiliated companies that perform marketing services on our behalf
or with whom we have joint marketing agreements:
• Financial service providers such as companies engaged in banking, consumer
finance, securities and insurance.
• Non -financial companies such as envelope staffers and other fulfillment service
providers
WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT
YOU WITH ANYONI F+OR ANY PURPOSE THAT' IS NOT SPECIFICALLY
PEIJ4=ED BY LAW.
We restrict access to nonpublic personal information about you to those employees who
need to know that information in order to provide products or services to you. We
maintain physical, electronic and procedural safeguards that comply with federal
regulations to guard your nonpublic personal information.
CONDITIONS AND STIPULATIONS Continued
(continual and concluded from reverse side of Policy Face)
by the insured daiappl provided to the Company pursuant to this Section shall not
be disclosed t6-others tintless, in the reasonable judgment of the Core any, is is
necessary in the administration of the claim. Failure of the Insured cloiment to
submit for examination under oath, produce other reasonably requested information
or grant permission to secure reasonably necessary information from third parties as
required in this paragraph shall terminate any liability of the Company under this
OR OTHERWISE SETTLE CLAIMS; TERMINATION OF
In case of a claim under this policy, the Company shall have the following
additional aplines:
ia) To Pay or Tender Payment of the Amount of insurance.
o pay or tender payment of the amounl of Insurance under this policy,
together with any costs, a0orneyyss fees and expenses cautred by the insured
concept, which were authorized 6y the CompPany, up to the time of payment or
tender payymem and which the Company is oNtialed to pay.
Upon exercise by the Company of this option, ail liability and obligotfoos In
the insured under this ppolit , other than to make the payment required, shall
terminate, Including any liabiCdy or Olin often to defend, prosecute, or continue any
litigation, and the pollq shall be surren tired to the Company for tancellatfon.
(b) To Pay or Otherwise Smile With Parties Other than the Insured or With
the Insured Claimant.
(1) to pay or otherwise settle with other parties for of fn the name of
an insured claimant any claim insured against under this polityry, together with any
costs, attorneys' fees and expenses Incurred by the insured claimant which were
authorized by the Company as to the lime of payment and which the Company is
obligated to pay; or
(it) to pay or otherwise settle with the insured claimant Ilia loss or
damage provided for under this policy, together with any costs, attorneys' fees and
expenus incurred by the insured claimant, which were authorized by the Company
up to the time of poymant and which the Compon99 is oblig lad to pay.
Is
Upon the exercise the Company of efther of the oplions provided for in
Pamgin (by(t) or (if , Ilia Companys obligations to the insured under this pollqq
for the claimed loss or �amnge, other than the payments required to be made, shufl
terminate, including any liability or obligation to defend, prosecute or continue any
lifigolion.
7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE.
This policy is a carried of indemnity against actual monetary loss or damage
sustained or Incurred by the insured claimant who has suffered loss or damage by
reason of matters Insured against by this policy and only to the extent herein
described.
(a) The liability of the Company under this polity shag not exceed the least
of:
1) the Amount of Insurance stated in Schedule A;
ii} the difference between the value of the insured estate or interest as
Insured calline value of the Insured estate or interest subjed In the defect, lien or
emumbrome insured against by this policy of the dole the insured claimant is
required to furnish to Company a proof of loss or damage in accordance with Section
5 ohhese Conditions and Stipulations.
(b) In the avert the Amount of Insurance stated in Schedule A at the Date of
Polity Is less than 00 percent of the value of the Insured estate or trefoil or the full
consideration paid for the land, whichever is less, or if subsequent to the Date of
Policy and improvement is erected on the land which Increases the value of the
insured estate or Interest by at least 20 percent over the Amount of Insurance stated
inSchedule A then this Polity 4subject tothe following:
(f where no subsequent improvement has been made, as to any
partial loss, t e Company shall only pay the loss pro rate in the proportion that the
amount of insurance al Dale of policy bears to the total value of the insured estate or
interest at Data of Policy; or
(it) where a subsequent improvement has been made, as to any partial
loss The Company shelf only pay the loss pro rota in the proportion that 120 percent
of tine Amount of Insurance stated to Schedule A bears to the sum of the Amount of
Insurance stated in Schedule A and the amount expended for the improvement.
The rovlSions of this paragraph shall not apply to costs, attorney's fees and
expenses for which the Company is liable under this polity, and shall only apply to
that portion of any loss which exceeds, In the aggregate,10 percent of the Amount of
only those costs, anorney's fees and expenses
4 of these Conditions and Stipulations,
B. APPORTIONMENT.
If the land described in Schedule A consists of two or,mbse parcel{that are not
used as a singgle site, and a loss is established affecting one or more of the parcels
but not all, the loss shall be computed and settled on a pro rate basis as if the
amounl of insurance under this polity was divided pro rate as to the value on Onto of
Policy of each separate parcel to the whole, exclusive of any improvements made
subsequent to Dote of Policy, unless a liability, or value has otherwise beep agreed
upon asto each parcel by the Company and the insured at the time of the Issuance of
this policy and shown by an express statement or by an endorsement attached to this
(a) if the Company establishes the tttle,or removes the alleged defied, lien or
encumbrance, or cures the lack of a right of access to or from the land, all as insured,
or takes action in accordance with Section 3 or Section 6, in a reasonably diligent
manner by any method, including fillggotion and the completion of any appeals
therefrom, it shall have fully Performed its obligations with resped to that manor
and shall not be lioblefor any loss or damage caused thereby.
(b) In the event of any litigation, Including litigation by.the Company or with
the Company's concept, the Company shall have no liability for loss or damage until
there has been a final determination by a court of competent jurisdiction, and
disposition of all appeals therefrom, adverse to the title as insured.
(c) The Company shall not be liable for loss or damage to any insured for
liability veto merily assumed by the Insured in sinning any claim or suit without the
prior wr lteu consent of the Companyy.
10. REDUCTION OF INSURANCE: REDUCTION OR TERMINATION OF LIABILITY.
All payments under this policy, extent payments made for cods, anomeys' fees
and expenses, shall reduce the amount of insurance pro canto.
It. LIABILITY NONCUMULATIVE.
It is exppressly understood that the amount of insurance under this policy shall
be reduced by any amount the Company at ay pay under any polity Insuring a
mortgage to which exception is taken in Schedule B at to. which the insured has
aggreed, assumed or taken subjed, or which is hereafter executed by an insured and
which is a charge or lien on the estate or intecest described or referred to in Schedule
A, and the amount so paid shall be deemed a payment under this polity to the
insuredowner.
12 PAYMENTOFLOSS.
(a} No payment shall he made without producing this poli%qfor endorsement
of the payment unless the pofiy has been lost or destroyed, in wbich case proof of
lass or destruction shall be furnished to the satisfaction of the Company.
(b) when liability and the extent of loss or damage has been definitely fixed
to accordance with these Conditions and Stipulations, the loss or damage shall be
W(tenever the Company shall have sealed and paid a claim under this policy,
all right of subrogation shall vast in the Company unaffected by any act of the
insured claimant.
The Company shall be subrogmed to and be entitled to all rights and remedies
that The insured claimant would have had against any person or properly in respect
to the daim had this policy not been issued. If requested by the Company, the
insured claimant shall transfer to the Company all rights and remedies against any
person or properly necessary in order to perfect this right of subrogation. The
insured claimant shall permit the Company to sue, (ampremise or settle in the name
of The insured claimant and to use the name of the insured claimant in any
transaction or lifigolion involving theso rights or remedies.
if a payment on account of a claim does not fully rover the loss of the insured
claimant, the Company shall be subrogmed to these rigghts and remedies in the
proportion which the Company's payment bears to the whola amount of the loss,
If loss should result from any ad of the insured claimant, as stated above, that
act shall not void this policy, but the Company, in that event, shall he reqquired to pay
only that part of any losses insured against by this policy that shot) exceed the
amount, it any, lost to the Company by reason of the impairment by the insured
claimant of the Company's right of subrogation.
(b) The Company's Rif his Against Non-insured Obligors.
The Company's right o subrogation against noninsured obligors shall exist
and shall include, without limitation, the rights of the insured To indemnities,
gumantgs, other policies of insurance or bonds, notwithstanding any terms or
conditions contained in those instruments that provide for subrogation rights by
reason of this policy.
14. ARBITRATION.
Unless prohibited byaPpliable low or unless this arbitration
by spedfitprevision in 5[hedule B of this policy, either the Comps
may demand aftraltin pursuant to the Title Insurance Arbina
American Arbitration Association. Arbitrable matters may indl
limited to, any controversy or claim between the Company and if
out of or relating to this policy, any service of the Company in c
issuance or the breach of a policy provision or other obliggOtto.
matters when the Amount of insurance is $1,000 000 or less SHAL
the reouesi of either the Company or the Ensured unless the Insured is an individual
assacietion or other
once is in excess of
e Company and the
in effort on the dote
the demand for arbitration is made'or, it the option of the insured, the Rules in
effort of Date of Policy shall be binding upon the parties. The award may Enduda
attorneys fees call if the lows of the state in which the land Is located permit o court
to award atiomo $ fees to a prevailing parry. Judgment upon the award rendered
by IheArbhrotor(ysl maybe entered in any court having jurisdiction thereof.
The law of Ito sicus of the land shall apply to an arbitration under the Title
Insurance Arbitration Rules.
A apy of the Rules may be obtained from the Company upon request.
15. LIABILITY LIMITED TO THIS POLICY: P000YENTIRECONTRACT.
(a) This policy together with all endorsements, if any, amached hereto by the
be
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deleted
insured
of the
Company is the entire policyry and contract between the insured and the Company. In
interpreting any provision of this Polloy, this policy shall be construed as a whole.
(b) Any claim of lass or damage, whether or not based onnpgligence, and
which arises out of the status of the title to the estate or imbast a'vere l hereby or By
any odion asserting such claim, shall be restricted to this policy.
(c) No amendment of or endorsement to this policy an be made except by a
writing endorsement hereon or clinched hereto signed by either the President, a Vice
President, the Secretary, an Assistant Secretary, or validating officer or authorized
In the event any provision of the policy is held invalid or unenforceable under
applicable law, the policy shall be deemed not to include that provision and all other
provisions shall remain in full force and effect.
17: NOTICES, WHERE SENT.
All actions required to be given the Company and any statement in writing
required to be furnished the Company shall include the number of this policyry and
shall be addressed to the Company at P.O. Box 2029, Houston, Texas 77252.2029.
COMPLAINT NOTICE.
Should any dispute arise about pour premium or about a claim that you have
filed, contact the agent or write to the Company that issued the Policy. if the problem
is not resolved, you also may write the Texas Deppartment of Insurance, P.O. Box
149091, Austin, TX 7B7149091, Fax No. (512) 475-1771. This nice of complaint
procedure is for information only and does not berme a part or condition of this
policy.
r-stewarf
1Mb a�e,a�bwmP�H
`_
•
OWNER POLICY OF TITLE INSURANCE
Policy No. 7210045- 44431 �
CHICAGO TITLE INSURANCE COMPANY
SUBJECTTO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED
IN SCHEDULE BAND THE CONDITIONS AND STIPULATIONS, CHICAGO TITLE INSURANCE COMPANY, a
Missouri corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A.
against loss or damage, not exceeding the Amount of Insurance stated in ScheduleA, sustained or incurred by
the Insured by reason of:
1. Title to the estate or interest described in Schedule A being vested other than as stated therein;
2. Any defect in or lien orencumbranoe on the title;
3. Anystatutoryorconstitutionalmechanic's,contractor's, or materialman's lien forlaboror material
having its inception on or before Date of Policy;
4. Lack of a right of access to and from the land;
5. Lack of good and indefeasible title.
The Company also will pay the costs, attorneys' fees and expenses Incurred in defense of the title, as insured,
but only to the extent provided in the Conditions and Stipulations.
IN WITNESS HEREOF, CHICAGO TITLE INSURANCE COMPANY has caused this Policy to be executed by
its President under the seal of the Company, but this Policy Is to be valid only when it bears an -authorized
countersignature, as of the date setforth in Schedule A.
Reorder Form No. 8272 (4102)
CIIICAGO TITLE INSURANCE COMPANY
cyflv n�
President
ATTEST.
�� � Secretary
Owner's Policy or Title)nsuran"(11m 4-4-02)(T-1)
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OWNER POLICY OF TITLE INSURANCE
SCHEDULE A
G.F. No. 0517384TH
Policy No. 7210043-44431
Amount of Insurance: $670,82C00
Premium: $4,625.30
Date of Policy: February 17, 2006, 03.35 pm
I. Name of Insured; Weingarten/Investments,Inc,
2, The estate or interest in the land.that is covered by this policy is: Fee Simple - As to Tract One; Easement - As to Tract
Two
3. Title to the estate or interest in the land is insured as vested in: Weingarten/Investments, Inc.
4. The land referred to in this policy is described as follows:
Tract One - Fee Simple
All that certain 5.576 acres of land, which is the 4.84 acres of land described as Tract I and 0.76 acre of land
described as Tract 2 in the deed from Clause E. Dubois to David P. Harker, recorded in Volume 2599, Page 346, in
the Deed Records or Brazos County, Texas, in the Robert Stevenson Survey, A-54, City of college Station, Brazos
County, Texas and being more particularly described by metes and bounds on Exhibit "A" attached hereto.
Tract Two - Easement:
All that certain 1.866 acres of land out of the tract of land described in the Last Will and Testament of Ida Mae Lee
to John Thornton recorded in Volume 243, Page 278 in the Deed Records of Brazos County, Texas, out of the
easement description recorded in Volume 590, Page 24, in the Deed Records of Brazos County, Texas, in the Robert
Stevenson Survey, A-54, City of College Station, Brazos County, Texas and being more particularly described by
metes and bounds on Exhibit "A" attached hereto.
Chicago Title Insurance Company
EXH1031T "A"
TRACT Q1V);: - FEE Snd)?LX
t certain 5.576 acres of fond, which is the 4.64 acres of land described as
t end 0.76 acre of land described as Tract 2 In the dead from Clouse E
the Dead Records of Brazos County. Texas, in the Robert Stevenson Sur
City, of College Station, Brazos County, Texas (off bearings based on the
State Plane Coordinate System. Central Zone),.
COMLENC ING at a 1%2' Iron rad found for the most westerly southwest comer of a
30.00 a= tract of land described in deed from !first Republic Bank A&M to
Collage Station Independent School District, recorded In Volume ISM Page 275, in
the DaW Records of Brazos County, Texas, common to the south corner of the
17-213 acre tract of land desoribed in deed from Edward and Beatrice Uvocek to
MA Development Group, 11, L.t_C., rsoorded In Volume 5192, Page 001, In the Dead
Records of Brazos County, Texas, north of the tract land described In the Last Will
and Testament of Ida Mae fee to John Thornton recorded in Volume 243, Page
278, in the Deed Records of Brazos County. Texas (referenced In Volume 30, Page
462, in the Deed Records of Brazos County. Taxes); Thence South 4T 37' 07'
East -- 181.35 along the southwest Una of said 30.00 acre tract. common to the
13 care tract, to the POW OF BEGINNING and the north comer of said Tract 2.
and the herein described tract;
TH[ MCE South 47' 37' 07" East — 665.00' along the north line of said Tract 1
and Tract 2, common to the southwest line of said 30.00 core tract, to 0 1" Pipe
found for the east comer of Tract I and the herein described tract, common to .
an angle comer of the 71.52 core tract described as Tract 2 in the dead from
Bart Wheeler's. Inc., to 1f,6. D. Wheeler, lid, recorded in Volume 3007, Page 341, in
the Deed Records of Brazos County, Texas, in the southwest lute of the 25.79 acre
tract of land described in deed from William H. Clayton to Stewart Thompson,
Trustee for the Brian Howard Perry Trust, recorded In Volume 1980, Page 272, in
the Deed Records of Brazos County. Texas;
THENCE South 41' IV 11' West — 366.32' along the southeast line of said Tract 1
to a 1' Iron pipe found for the south comer of said Tract 1, common to an angle
corner of soid 71.62 care trod
THENCE North 474 26' 39' West — 665.04' olong Via southwest line of said Tract 1
and Tract 2 to the west corner of said Tract 2;
THENCE North 410 15' 11' East — 364.29' otang the northwest line of said Tract
2, to the POINT OF BEGINNING and containing 5.576 acres of land.
Together with on ingress and egress easement to State Highway 6 as defined in
Volume 590, Page 24 In the Dead Records of Brazos County, Texas.
NOTE: The Company does not represent that the above acreage or square footage calculations are correct
EXIMIT 4ix„
MACT Vo: EnsMYT
-m ifiiyt'2eftd'al"t 66'-aares of'land `out-of"the'troct-of•iond-described-im-tba•-S:Aat-- Hi1-and.- --....
fastatnant of Ida Mae Lae to John Thomton recorded in Volume 243, Pago 278. in the Deed
teoords of Brazos Coun , Texas, ovtyf- Tiro eas§rnert. descrippttion recorded in Volume 590, Page 24,
a the Dead Records of %razos..CcU tv,- TJX08. in the Kabert S el verison Survey, 'li- Z4, 'City of- Collegs
3tot'Ion, Brazos County, Texas (all bearings based on the Texas State Plane Coordinate System,
.`enfrai Zone);
3EGINNING at on angle point for a north corner of said Thornton tract, common to the northwest
:omer of the 4.84 acre tract of land described as Tract 1 and G.76 acre of Rand described as
[met 2 in the deed from Clause E Dubois to David P. and wife, Coda Barker, recorded in Volume
Mg. Page 346, in the Dead Records of Brazos County, Texas, In the south Una of the 30.00 =a
tact of land described In dead from First Republic Bank Addd to Cotlege Station independent School
'ialeet4 Recorded in Votumg :98% Page 275, In the Da-ed Records of Rrozos Caurty, Texas;
MENGE South 41' 16' 11' West - 50.01' to an angle corner of the heroin described tract;
rriENCE North 47' 37' Or West - 191.87' to an angle comer of the herein described tract;
;-.HENCE North 48' 26' 40" West - 409.88' to an angle corner of the herein described tract;
MENGE South MY 46' 05" West - 818.47' to an angle comer of the herein described tract, in the
forth right-of-way One OF State Ifiighwoy 6 (a variable width right--of-way);
THENCE North 21- 52' 47" West - 67.52' along the north right-d-way ring of sold State highway 6
:0 1/2' iron rod found for on angle corner of the herein described tract;
MENGE North 40, 49' 05" East - 838.27' to an angle corner of the herein described trout;
THENCE South 48' 26' 40' East - 470.8W to on angle comer of the herein described tract;
MENGE South 47' 37, 07" East : 1g1.35' to to the POINT OF 13EGINNING and containing 1.866
acres of land.
NOTE: The Company does not represent that the above acreage or square footage calculations are correct.
G.F. No, 0517384TH
Policy No. 7210043-44431
OWNER POLICY OF TITLE INSURANCE
SCHEDULE
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 or easements insured, if any, shown in Schedule A and the following matters!
eith„ "peoWiGfe�� r-deietethis'
exeeptiotr}:
2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments or protrusions, or any overlapping
of improvements.
3. Homestead or community property or survivorship rights, if any, of any spouse of any insured.
4. Any titles or rights asserted by anyone, including, but not limited to, persons, the public, corporations, governments or other
entities,
a. to tidelands, or lands comprising the shores or beds of navigable or perennial rivers and streams, lakes, bays, gulfs
or oceans, or
b, to lands beyond the line of harbor or bulkhead lines as established or changed by any government, or
c, to filled -in lands, or artificial islands, or
d, to statutory water rights, including riparian rights, or
e. to the area extending from the line of mean low tide to the line of vegetation, or the rights of access to that area or
easement along and across that area.
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 (We must insert matters or
delete this exception.):
a. Easement dated April 28, 1983, from Ida Mae Lee to the City of Bryan, and recorded in Volume 575, Page 99
of the Deed Records of Brazos County, Texas. (AS TO TRACTS ONE & TWO)
b. Easement dated May 9,1983, from Ida Mae Lee to the City of Bryan, and recorded in Volume 630, Page 53 of
the Official Records of Brazos County, Texas. (AS TO TRACTS ONE & TWO)
Chi go Trite rns a 'icw Company
BY-
izet Cou ter Signature
Chicago Title Insurance Company
the lien, encumbrance, adverse claim or defect; or (vl) undertake a combination of (i) through (v) herein.
4. DEFENSE AND PROSEQUTIQjQ OF ACTIONS DUTY OF INSUREDCLAIjy (�LLO QOOPERATE
(a) Upon written request I the Insured and subject to the options contalned m Section 6 of those Conditions and Stipulations, the Company, at Its own cost
and without unreasonable delay, shall provide for the defense of an Insured in litigation in which any third party asserts a claim adverse to the title or
Interest as Insured, but only as to those slated causes o(acdon alleging a detect, lien or encumbrance or other matter insured against by this Policy. The
Company shall have the right to select counsel of Its choice (subject to the right of the Insured to object for reasonable cause) to represent the Insured
as to those staled causes of action and shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs
or expenses Incurred by the Insured In the defense of those causes of action that allege matters not Insured against by this Policy.
(b) The Company shall have the right, at Its own cost, to institute and prosecute any action or proceeding or to do any other act that in Its opinion may be
necessary or desirable to establish the title to the estate or interest as insured, or to prevent or reduce loss or damage to the Insured. The Company may
take any appropriate action under the terms of this Policy, whether or not It shall be liable hereunder, and shall not thereby concede liability or waive any
provision of this Policy. If the Company shall exercise its rights under this paragraph, it shall do se, diligently,
(e) Whenever the Company shall have brought an action or Interposed a defense as required or permitted by the provisions of this Policy, the Company may
pursue any litigation to final determination by's court of competent jurisdiction and expressly reserves the right, in Its sole discretion, to appeal from any
adverse judgment or order.
(d) in all cases where this Policy permits or requites the Company to prosecute or provide for the defense of any action or proceeding, the Insured shall
secure to the Company the right to so prosecute or provide defense in the action or proceeding, and all appeals therein, and permit the Company to use,
at its option, the name of the Insured for this purpose. Whenever requested by the Company, the Insured, at the Company's expense, shall give the
Company all reasonable aid: (1) in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding,
or effecting settlement, and (it) in any other lawful act that in the opinion of the Company may be necessary or desirable to establish the title to the estate
or Interest as insured, It the Company is prejudiced by the failure of the Insured to furnish the required cooperation, the Company's obligations to the
Insured under the Policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or
matters requiring such cooperation.
S. PROOF OF LOSS OR DAMAGE
In addition to and after the notices required under Section 3 of these Conditions and Stipulations have been provided the Company, a proof of loss or damage
signed and sworn to by the Insured Claimant shall be furnished to the Company within 91 days after the Insured Claimant shaft, ascertain the facts giving rise
to the loss or damage. The proof of loss or damage shall describe the defect In, or lien or encumbrance on the title, or other matter insured against by this Policy
that constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. if the Company
is prejudiced by the faiure of the Insured Claimant to provide the required proof of loss or damage, the Companys obligations to the Insured under the Policy
shall terminate, Including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such proof of
loss or damage. In addition, the Insured Claimant may reasonably be required to submit to examination under oath by any authorized representative at the
Company and shall produce for examination, Inspection and copying, at such reasonable times and places as may be designated by any authorized
represelative of the Company, all records, books, ledgers, checks, correspondence and memoranda. whether bearing a date before or after Date of Policy,
which reasonably pertain to the loss or damage. Further, If requested by any authorized representative of the Company, the Insured Claimant shall grant its
permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks correspondence
and memoranda in the custody or control of a third party, which reasonably pertain to the less or damage. All information designated as confidential by the
Insured Claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, In the reasonable judgment of the Company, it is
necessary In the administration of the claim, Failure of the Insured Claimant to submit for examination under oath, produce other reasonably requested
Information or grant permission to secure reasonably necessary information from third parties as required in this paragraph shall terminate any liability of the
Company under this Policy as to that claim.
6. OPTIONS TO PAY OR OTHEgWISE SETTLE CLAIMS• TERMINATION OF LIABIUJY
in case of a claim under this Policy, the Company shall have the following additional options:
(a) To pay or Tender Payment of the Amount of Insurance. To pay or tender payment of theAmount of Insurance under this Policy, together with any costs,
attorneys' fees and expenses incurred by the Insured Claimant, which were authorized by the Company, up to the time or payment or tender of payment
and which the Company is obligated to pay. Upon the exercise by the Company of this option, all liability and obligations to the Insured under this Policy,
other than to make the payment required, shall terminate, Including any liability or obligation to defend, prosecute, or continue any litigation, and the Policy
shall be surrendered to the Company for cancellation.
(b) To Pay or Otherwise Settle With Patties Other than the Insured or With the Insured Claimant.
(1) to pay or otherwise settle with other parties for or in the name of an Insured Claimant any claim insured against under this Policy, together with any
costs, attorneys' fees and expenses Incurred by the Insured Claimant, which were authorized by the Company up to the time of payment and which
the Company is obligated to pay; or
(it) to pay or otherwise settle with the Insured Claimant the loss or damage provided for under this Policy, together with any costs, attorneys' fees ant
expenses incurred by the Insured Claimant which were authorized by the Company up to the time of payment and which the Company is obligatec
to pay.
Upon the exercise by the Company of either of the options provided for in paragraphs (b)(i) or (if), the Company's obligations to the Insured under thie
Policy for the claimed loss or damage, other than the payments required to be made, shall terminate, Including any liabilityor obligation to defend, prosecute
or continue any litigation.
y, DETER ]NATION EXTENT OFLIABILITYANP COINSURANCE,
This Policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the Insured Claimant who has suffered loss or damagt
by reason of matters insured against by this Policy and only to the extent herein described.
(a) The liability or the Company under this Policy shall not exceed the least of:
(i) the Amount of insurance stated in Schedule A;
(u) o the defect
lien orftencumbrranceeInsured against by this ue of the uPolicy at red t the rdate the Insured claimant interest as insured and his required to furnish to Ce value of the insured oompany aate or aprsubjectrest t the proof of loss or damage It
accordance with Section 8 of these Conditions and Stipulations.
(b) In the event the Amount of Insurance stated in Schedule A at the Dale of Policy is less than 80 percent ofthe value of the Insured estate or interest or the
full consideration paid for the land, whichever is less, or If subsequent to the Date of Policy an improvement Is erected on the land which Increases tm
value of the Insured estate or interest by at least 20 percent over the Amount of Insurance stated In Schedule A, then this Policy is subject to the following
(i) where no subsequent Improvement has been made, as to any partial loss, the Company shall only pay the loss pro rats in the proportion that thi
Amount of Insurance at Date of Policy bears to the total value of the insured estate or Interest at Date of Policy,or
(u) where a subsequent improvement has been made, as to any partial loss, the Company shall only pay the loss pro rate In the proportion that 121
percent of theAmount of Insurance stated in Schedule A bears to the sum of theAmount of Insurance stated in ScheduleA and the amount expender
for the improvement.
The provisions of this paragraph shall not apply to costs, attorneys' fees and expenses for which the Company is liable under this Policy, and shall only appi
to that portion of any loss which exceeds, in the aggregate, 10 percent of the Amount of Insurance stated In Schedule A.
(c) The Company will pay only those costs. attorneys' fees and expenses incurred in accordance with Section 4 of these Conditions and Stipulations.
6. APPORTIONMENT
If the land described in Schedule A consists of two or more parcels that are not used as a single site, and a loss is established affecting one or more of in
parcels but not all, the loss shall be computed and settled on a pro tata basis as it theAmount of Insurance under this Policy was divided pro rate as to the valu
on Date or Policy of each separate parcel to the whole, exclusive of any improvements made subsequent 10 Date of POlicg unless a liability or value he
otherwise been agreed upon as to each parcel by the Company and the Insured at the time or the issuance of this Policy and shown by an express statemer
or by an endorsement attached to this Policy.
S. LIMITATION OF LIABILTY
(a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures the lack of a right of access to or from the land,
all as insured, or takes action in accordance with Section 3 or Section 6, in a reasonably diligent manner by any'method, including. litigation and the
completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or
damage caused thereby.
(b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage
until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title as insured.
(a) The Company shall not be liable for loss or damage to any Insured for liability voluntarily assumed by the Insured In setting any claim or suit without
the prior written consent of the Company.
10, REDUCTION OF INHISANCE4 REDUCTION OR TERMiNATtQ[�QF LIABILITY
All paymen(s under this Policy, except Payments made for costs, attorneys' fees and expenses, shall reduce the amount of the Insurance pro tanto.
11. LIABILITY
ITY NONCUMULATIVE
It is expressly understood that the Amount of Insurance under this policy shall be reduced by any amount the Company may pay under any Policy insuring
a mortgage to which exception is taken In Schedule B or to which the Insured has agreed, assumed or taken subject, or which is hereafter executed by
an Insured and which is a charge or lien on the estate or Interest described or referred to In Schedule A, and the amount so paid shall be deemed a
payment under this Policy to the insured owner. -
12. PAYMENTOFLOSS,
(a) No payment shall be made without producing this Policy for endorsement of the payment unless the Policy has been lost or destroyed, in which case
proof of loss or destruction shall be furnished to the satisfaction of the Company.
(b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage
shall be payable within 30 days thereafter.
13. Sr BROCyA710h IIPOR PAYMEhTOR SETTLEMENT
(a) Th romoa nv's Rlaht of Subrogatio
Whenever the Company shall have settled and paid a claim under Ihls Poilcg all right of subrogation shall vest to the Company unaffectedby any act
of the Insured Claimant. The Company shall ba subrogated to and be entflled to all rights and remedies that the Insured Claimant would have had
against any person or property In respect to the claim had this policy not been Issued. If requested by the Company, the Insured Claimant shall
transfer la the Company all rights and remedies against any person or property necessary in order to perfect tright subrogation. The Insured
Galmant shall permit the Company to sue, compromise or settle in the name of the Insured Claimant and to usea the name
of the insured Claimant In
any transaction or litigation Involving these rights or remedies.
if a payment an account of a claim doss not fully rover the Ions of the Insurad Claimant, the Company shall be subrogated to these rights and
remedies in the proportion that the Company's payment bears to the whole amount of the loss,
If loss should result from any act of the Insurad Claimant, as stated above, that act shall not void this Policy, but the Company, in that event, shall be
required to pay only that part of any losses Insured against by this Policy that shall exceed the amount, If any, Jost to the Company by reason or the
Impairment by the Insured Claimant of the Company's right of subrogation.
(b) The ompany's Rights AgglogI Non -Insured Obligors
The Company's right of subrogation against nondmsured obligors shall exist and shall include, without limitation, the rights of the insured to
indemnities, guaranties, other policies of Insurance or bonds, notwithstanding any terms or conditions contained in those instruments that provide
for subrogation rights by reason of this Policy.
14, ARBITRATION,
Unless prohibited by applicable law or unless this arbitration section is deleted by specific provision in Schedule B of this Policy, either the Company or
the Insured may demand arbitration pursuant to the Tide Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may
Include, but are not limited to, any controversy or claim between.the Company and the Insured arising out of or relating to this Policy, and service of the
Company in connection with its issuance or the breach of a Policy provision or other obligation. All arbitrable matters when the Amount of Insurance is
$1,000,000 or less SHALL BE arbitrated at the request of either the Company or the insured, unless the Insured is an individual person (as distinguished
from a corporation, trust, partnership, association or other legal entity). Ali arbitrable matters when the Amount of Insurance is in excess of $1,000,000
SHALL BE arbitrated only when agreed to by both the Company and the Insured. Arbitration pursuant to the Policy and under the Rules In effect on the
date the demand forarbitration is made, or at the option of the Insured, the Rules in effect at the Date of Policy shall be hinding upon the parties. The award
may include attorneys' fees only If the laws of the state in which the land is located permit a court to award attorneys' tees to a prevailing party. Judgment
upon the award,rendered by Arbiirator(s) may be entered in any court having jurisdiction thereof.
The law of the situs of the land shall apply to any arbitration under the Title Insurance Arbitration Rules.
A copy of the Rules may be obtained from the Company upon request, (
15. t (ABILITY I,IMITEb'[O THIS PO�,LCY•,-pQ( (COY ENTIRE CONTRACT.
(a) This Policy together with all endorsements, If any, attached hereto by the Company is the entire Policy and contract between the Insured and the
Company. In interpreting any provision of This Pallcy, this Policy shall he construed as a whole.
(b) Any claim of loss or damage whether or not based on negligence and which arises out of the. staWs of the title fo the estate or interest covered
hereby m by any action asserting ouch claim shall be restricted to this Policy.
(c) No amendment of or endorsement to this Policy can be made except by a wtlling endorsed hereon or attached hereto signed by either the President,
a Vice PresldenL the Secretary, an Assistant Secretary or validating oflicer or authorized signalory,of the Company.
16. SEVERABILITY.
In the event any provision of the Policy is held invalid or unenforceable under applicable law, the Policy shall be deemed not to include that provision and
all other provisions shall remain in full force and effect.
17. NOTICES WHO E(�SEN7
All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this Policy
and shall be addressed to the Chicago Title Insurance Company, National Claims Administration, P.O. Box 45023, Jacksonville, Florida 32232.5023.
C OMPLAINI )y,OTIC E.
Should any dispute arise about your premium or about a claim that you have tiled, contact the agent or write to the Company that
issued the Policy, If the problem is not resolved, you also may write the Texas Department of Insurance, P.O- Box 149091. Austin, TX 78714.
9091, Fax No. (512) 476.1771. This notice of complaint procedure is for information only and does not become a part or condition of this
Policy.
FOR INFORMATION, OR TO MAKE A COMPLAINT, CALL:
1-800-442-4303
PWI