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HomeMy WebLinkAboutOwner's Title InsuranceFidelity National Title Insurance Company Policy No.: TX0353.82-S33462-2012.8239843-85391653 OWNER'S POLICY OF TITLE INSURANCE (T-1) Issued by Fidelity National Title Insurance Company Any notice of claim and any other notice or statement in writing required to be given the Company under this Policy must be given to the Company at the address shown in Section 18 of the Conditions. COVERED RISKS SUBJECTTO THE EXCLUSIONS FROM COVERAGE, TTM EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS, FIDELITY NATIONAL TITLE INSURANCE COMPANY, a California corporation (the "Company") insures, as of Date of Policy and, to the extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of: 1. Title being vested other than as stated in Schedule A. 2, Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from: (a) A defect in the Title caused by: (i) forgery, fraud, undue influence, duress, incompetency, incapacity or impersonation; (ii) failure of any person or Entity to have authorized a transfer or conveyance; (ili) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized or delivered; (iv) failure to perform those acts necessary to create a document by electronic means authorized by law; (v) a document executed under a falsified, expired or otherwise invalid power of attorney; (vi) a document not properly filed, recorded or indexed in the Public Records including failure to perform those acts by electronic means authorized by law; or (vii)a defective judicial or administrative proceeding. (b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid. (c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. The term "encroachment" includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land. (d) Any statutory or constitutional mechanic's, contractor's, or materialman's lien for labor or materials having its inception on or before Date of Policy. 3. Lack of good and indefeasible Title. 4. No right of access to and from the Land. 5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting or relating to: (a) the occupancy, use or enjoyment of the Land; (b) the character, dimensions or location of any improvement erected on the Land; (c) subdivision of land; or (d) environmental protection if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to the extent of the violation or enforcement referred to in that notice. 6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice. 7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records. 8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge. 9. Title being vested other than as stated in Schedule A or being defective: (a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A 2739843 (2/10) Owner's Policy of 79t1e Insurance T-1 (2/01/10) because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency or similar creditors' rights laws; or (b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state insolvency or similar creditors' rights laws by reason of the failure of its recording in the Public Records: (i) to be timely, or (ii) to impart notice of its existence to a purchaser for value or a judgment or lien creditor. 10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The Company will also pay the costs, attorneys' fees and expenses incurred in defense of any matter insured against by this Policy, but only to the extent provided in the Conditions. utb ized Signatory Jam Burnett TX0353 533462 Lawyers Title Company Of Brazos County 1450 Copperfield Pkway College Station, TX 77845 Tel: (979) 776-3600 Fax: (979)776.3700 Fidelity Noplonal 'Utle /nJstur/amw Company SEAL �^ errlM" / IXltilllulll. s.•ma:ly 2739843 (2/10) Owner's Policy of 77tle insurance T• I (2101/10) OWNER'S POLICY OF TITLE INSURANCE Issued by Fidelity National Title Insurance Company SCHEDULE A Name and Address of Title Insurance Company: FIDELITY NATIONAL TITLE INSURANCE COMPANY File No.: S33462 Policy No.: Issued with Policy No. Address for Reference only: Pavilion Avenue, College Station, TX 77840 Amount of Insurance: $1,946,958.00 Premium: $9,806.00 Date of Policy: February 9, 2012, at 04:00 pm 1. Name of Insured: Goncloss Realty, L,P., a Texas limited partnership 2. The estate or interest in the Land that is insured by this policy is: Fee Simple as to Tract One; Easement Estate as to Tract Two 3. Title is insured as vested in: Goncloss Realty, L.P., a Texas limited partnership 4. The Land referred to in this policy is described as follows: TRACT ONE: Lots One (1), Two (2), Three (3), Four (4), Five (5), Six (6), Seven (7), and Eight (8), CENTURY HILL DEVELOPMENT, an addition to the City of College Station, Brazos County, Texas, according to the Plat recorded in Volume 7623, Page 231, Official Records of Brazos County, Texas. TRACT TWO: Easement to detain in Detention Pond Common Area as defined on the Plat recorded in Volume 7623, Page 231, Official Records of Brazos County, Texas. FORM T-1: Owner's Policy of Title Insurance Page 1 OWNER'S POLICY OF TITLE INSURANCE Issued by Fidelity National Title Insurance Company SCHEDULE B File No.: S33462 Policy No.: 8239843-85391653 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 leases and easements, if any, shown in Schedule A, and the following matters: The following restrictive covenants of record itemized below (the Company must either insert specific recording data or delete this exception): PLAT: VOLUME 7623, PAGE 231, OFFICIAL RECORDS OF BRAZOS COUNTY, TEXAS. NOTE: TO THE EXTENT THAT THESE RESTRICTIONS VIOLATE 42 USC 3604 (c) BY INDICATING A PREFERENCE, LIMITATION OR DISCRIMINATION BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS OR NATIONAL ORIGIN, SUCH RESTRICTIONS ARE HEREBY OMITTED, 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 right of access to that area or easement along and across that area. Standby fees, taxes and assessments by any taxing authority for the year 2012, 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 (The Company must insert matters or delete this exception.): a. Vendor's lien retained in Special Warranty Deed executed by CENTURY HILL, LTD., a Texas limited partnership to GONCLOSS REALTY, L.P., a Texas limited partnership, dated February 8, 2012, recorded in Volume 10528, Page 69, Official Records of Brazos County, Texas, securing the payment of one note of even date therewith in the principal sum of $1,557,566.00, payable to INTEGRITY BANK, ash, and additionally secured by a Deed of Trust of even date therewith executed by GONCLOSS REALTY, L.P., a Texas limited partnership to Charles M Neff, Jr., Trustee, said Deed of Trust filed on February 9, 2012, in Volume 10528, Page 73, Official Records of Brazos County, Texas. FORM T•1: Owner's Policy of Title Insurance Page 2 Continuation of Schedule B Policy No. 8239843.85391653 b. 25' Building Lines along front lot lines; 15' Building Lines along rear lot lines; 7.5' Building Lines along side lot lines, and any and all easements as reserved on plat recorded in Volume 7623, Page 231, Official Records of Brazos County, Texas, and as noted on a survey made under the supervision of Brad Kerr, R.P.L.S. No. 4502, dated July 20, 2011, revised July 25, 2011, and August 4, 2011. (All Lots) C. 25' Building Lines along front lot lines; 15' Building Lines along rear lot lines; 7.5' Building Lines along side lot lines; 15' Side Street Setback Line, and any and all easements as reserved on plat recorded in Volume 7623, Page 231, Official Records of Brazos County, Texas, and as noted on a survey made under the supervision of Brad Kerr, R.P.L.S. No. 4502, dated July 20, 2011, revised July 25, 2011, and August 4, 2011. (Lots 1, 4, 5, & 8 only) d. 20' Public Utility Easement along the southerly lot line; 20' Drainage and Public Utility Easement along the northeasterly lot line, 20' Public Utility Easement centered along the westerly and northwesterly lot lines, as reserved on plat recorded in Volume 7623, Page 231, Official Records of Brazos County, Texas, and as shown on a survey made under the supervision of Brad Kerr, R.P.L.S. No. 4502, dated July 20, 2011, revised July 25, 2011, and August 4, 2011. (Lot 1) e. 10' Utility Easement executed by James E. Jett, et al to City of College Station, dated February 20,1979, recorded in Volume 418, Page 527, Deed Records of Brazos County, Texas, as reserved on plat recorded in Volume 7623, Page 231, Official Records of Brazos County, Texas, and as shown on a survey made under the supervision of Brad Kerr, R.P.L.S. No. 4502, dated July 20, 2011, revised July 25, 2011, and August 4, 2011. (Lot 1) f. 10' Utility Easement executed by James E. Jett, et at to City of College Station, dated November 17,1979, recorded in Volume 418, Page 530, Deed Records of Brazos County, Texas, as reserved on plat recorded in Volume 7623, Page 231, Official Records of Brazos County, Texas, and as shown on a survey made under the supervision of Brad Kerr, R.P.L.S. No. 4502, dated July 20, 2011, revised July 25, 2011, and August 4, 2011. (Lot 1) g. 2W Drainage and Public Utility Easement along the front lot line; 20' Public Utility Easement centered along the easterly and southeasterly lot lines; 20' Public Utility Easement along the southerly lot line; 50' Access and Shared Parking, Drainage and Public Utility Basement centered along the westerly lot line, as reserved on plat recorded in Volume 7623, Page 231, Official Records of Brazos County, Texas, and as shown on a survey made under the supervision of Brad Kerr, R.P.L.S. No. 4502, dated July 20, 2011, revised July 25, 2011, and August4,2011. (Lot2) h. 20' Public Utility Easement along the southerly lot line; 10' Public Utility Easement along the west lot line; 20' Public Utility Easement centered along the northerly lot line; 50' Access and Shared Parking, Drainage and Public Utility Easement centered along the westerly lot line, as reserved on plat recorded in Volume 7623, Page 231, Official Records of Brazos County, Texas, and as shown on a survey made under the supervision of Brad Kerr, R.P.L.S. No. 4502, dated July 20, 2011, revised July 25, 2011, and August 4, 2011. (Lot 3) i. 20' Drainage and Public Utility Easement along the northerly lot line; 10' Public Utility Easement along the west lot line; 20' Public Utility Easement centered along the southerly lot line; 50' Access and Shared Parking, Drainage and Public Utility Easement centered along the westerly lot line, as reserved on plat recorded in Volume 7623, Page 231, Official Records of Brazos County, Texas, and as shown on a survey made under the supervision of Brad Kerr, R.P.L.S. No. 4502, dated July 20, 2011, revised July 25, 2011, and August 4, 2011. (Lotit) J. 20' Drainage and Public Utility Easement along the southerly lot line; 10' Public Utility Easement along the west lot line; 20' Public Utility Easement centered along the northerly lot line; 50' Access and Shared Parking, Drainage and Public Utility Easement centered along the westerly lot line, as reserved or plat recorded in Volume 7623, Page 231, Official Records of Brazos County, Texas, and as shown on a survey made under the supervision of Brad Kerr, R.P.L.S. No. 4502, dated July 20, 2011, revised July 25, 2011, and August 4, 2011. (Lot 5) FORM T-1: Owner's Policy of Tide Insurance Page 3 Continuation of Schedule B Policy No. 8239843.85391653 k. 10' Public Utility Easement along the west lot line; 20' Public Utility Easement centered along the northerly and southerly lot lines; 50' Access and Shared Parking, Drainage and Public Utility Easement centered along the westerly lot line, as reserved on plat recorded in Volume 7623, Page 231, Official Records of Brazos County, Texas, and as shown on a survey made under the supervision of Brad Kerr, R.P.L.S. No. 4502, dated July 20, 2011, revised July 25, 2011, and August 4, 2011. (Lot 6) 10' Waterline Easement executed by Agency Records Control, Inc. to FoxFire Development Corporation, dated March 31,1976, recorded in Volume 351, Page 182, Deed Records; 20' Utility Easement as shown on plat on a portion of the property recorded in Volume 612, Page 589, Official Records; 10' Public Utility Easement along the west lot line; 20' Public Utility Drainage & Detention Pond Access Easement bisecting the lot Ina northerly direction; 20' Public Utility Easement centered along the southerly and easterly lot lines, as reserved on Plat recorded in Volume 7623, Page 231, Official Records, all being of Brazos County, Texas, and as shown on a survey made under the supervision of Brad Kerr, R.P.L.S. No. 4502, dated July 20, 2011, revised July 25, 2011, and August 4, 2011. (Lot 7) in. 20' Drainage and Public Utility Easement along the southerly and southeasterly lot lines; 20' Public Utility Easement centered along the northerly lot line; 50' Access and Shared Parking, Drainage and Public Utility Easement centered along the westerly lot line, as reserved on plat recorded in Volume 7623, Page 231, Official Records of Brazos County, Texas, and as shown on a survey made under the supervision of Brad Kerr, R.P.L.S. No. 4502, dated July 20, 2011, revised July 25, 2011, and August 4, 2011. (Lot 8) n. Terms, conditions and stipulations contained in "Designation of Property Participating in Regional Storm Water Detention Pond" instrument, executed by Century Hill, Ltd., a Texas limited partnership, dated February 8, 2012, recorded in Volume 10528, Page 67, Official Records of Brazos County, Texas. o. Interest in and to all coal, lignite, oil, gas and other minerals, and all rights incident thereto, contained In Instrument dated May 9,1979, recorded on May 18,1979, in Volume 423, Page 722, Deed Records of Brazos County, Texas. Reference to which instrument is here made for particulars. No further search of title has been made as to the interest(s) evidenced by this instrument, and the Company makes no representation as to the ownership or holder of such interest(s). P. Interest in and to all coal, lignite, oil, gas and other minerals, and all rights incident thereto, contained in instrument dated May 9,1979, recorded on May 18,1979, in Volume 423, Page 725, Deed Records of Brazos County, Texas. Reference to which instrument is here made for particulars. No further search of title has been made as to the interest(s) evidenced by this instrument, and the Company makes no representation as to the ownership or holder of such interest(s). q. Interest in and to all coal, lignite, oil, gas and other minerals, and all rights incident thereto, contained in instrument dated January 27,1984, recorded on January 30,1984, in Volume 645, Page 333, Official Records of Brazos County, Texas. Reference to which instrument is here made for particulars. No further search of title has been made as to the Interest(s) evidenced by this instrument, and the Company makes no representation as to the ownership or holder of such interest(&). r. Lease for coal, lignite, oil, gas or other minerals, together with rights incident thereto, dated October 31, 1991, by and between James E. Jett, Bill J. Cooley, Robert W. Harville, Indiv. & as Managing partner for Brazos Investment Group, as Lessor, and Inco Oil Corporation, as Lessee, recorded on December 11,1991 in Volume 1386, Page 27; Amended by instrument recorded in Volume 1803, Page 282, both of the Official Records of Brazos County, Texas. Reference to which instruments is here made for particulars. No further search of title has been made as to the interests evidenced by these instruments, and the Company makes no representation as to the ownership or holder of such interests. s. All leases, grants, exceptions or reservations of coal, lignite, oil, gas and other minerals, together with all rights, privileges, and immunities relating thereto, appearing in the Public Records whether listed in Schedule B or not. There may be leases, grants, exceptions or reservations of mineral interest that are not listed. FORM T-1: Owner's Policy of Title Insurance Page 4 Continuation of Schedule B Policy No. 8239843-85391653 Rights of parties in possession. Countersigned Lawy tle Company Kbrazos Count By aA Autho r Countersignature CORM T-1: Owner's Policy of Tithe Tnsuranee Page 5 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, ahomeys' fees or expenses that arise by reason of: I. (a) Any law,ordinance,permit, or governmental regulation (including those relating to building and wring) restricting,regulating, prohibiting or relating to: (i) the occupancy, use, or enjoyment of the Land; (if) the character, dimensions or location of any improvement erected on the Land; (iii) subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances or governmental regulations. This Exclusion I(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. 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 anInsured under this policy; (a) resulting in no loss or damage tothe Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10),or (a) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for flat Title. 4. Any claim by reason of the operation of federal bankruptcy, state insolveneyor similar creditors'rights laws that the transaction vesting the Title as shown in Schedule A is: (a) a fraudulent conveyance or fraudulent transferor (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. 6. The refusal of any person to purchase, lease or lend money on the estate or interest covered hereby in the land described in Schedule A because of Unmarketable Title. CONDITIONS 1. DEFINITION OF TERMS. The following terms when used in this policy mean: (a) "Amount of Insurance": the amount stated in Schedule A, as may be increased or decreased by endorsement to this policy, increased by Section 8(b), or.de-tressed by Sections 10 and I I of these Conditions. (b) "Date of Policy": The date designated as "Date of Policy" in Schedule A. (a) "Entity": A corporation, partnership, (rust, limited liability company or other similar legal entity. (d) 'Insured": the Insured named in Schedule A. (i) The term "Insured" also includes: (A) successors to the Title of the Insured by operation of law w distinguished from purchase, including heirs, devisees, survivors, personal representatives or next of kin; (B) successors to an Insured by dissolution, merger, consolidation, distribution or reorganization; (C) successors to an Insured by its conversion to another kind of Entity; (D) a grantee of an Insured under a deed delivered without payment of actual valuable consideration conveying the Title: (1) If the stock, shares, memberships, or other equity interests of the Simi are wholly -owned by the named Insured, (2) If the grantee wholly owns the named Insured, (3) If the grantee is wholly -owned by an affiliated Entity of the named Insured, provided the affiliated Entity and the named Insured are both wholly -owned by the same person or Entity, or (4) If the grantee is a trustee or beneficiary of street created by a written instrument ostablished by the Insured named in Schedule A for estate planning purposes. (if) With regard to (A), (E), (C) and (D) reserving, however, all rights and defenses as to any successor that the Company would have had against any predecessor insured. (a) 'Insured Claimant": an Insured claiming loss or damage. (f) "Knowledge'or"Known": actual knowledge, not constructive knowledge or notice that may be imputed to an Insured by reason of the Public Records or any other records that Impart constructive notice of matters affecting thaTitle. (g) "Land": the land described in Schedule A, and affixed improvements that by law constitute real property. The term "Land" does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but this does not modify or limit the extentthat a right of access to and from the Land is insured by this policy. (h) "Mortgage mortgage, deed of trust, trust deed, or other security instrument, including one evidenced by electronic means authorized by law. (i) "Public Records": records' established under state statutes at Dale of Policy for the purpose of importing constructive notice of matter relating to real property to purchasers for value and without Knowledge. With respect to Covered Risk 5(d), "Public Records" shall also include environmental protection liens filed in the records of the 2739843(2/10) clerk of the United States District Court for the district where the Land is located. Q) "Titla", the estate or interest described in Schedule A. (k) "Unmarketable Title': Title affected by an alleged or apparent matter that would permit a prospective purchaser or losses of the Title or fender on the Title to be released from the obligation to purchase, lease or lend if there is a contractual condition requiring the delivery of marketable title. CONTINUATION OF INSURANCE, The coverage of this policy shall continue in force as of Date of Policy in favor of an Insured, but only so long as the Insured retains an estate or interest in the Land, or holds an obligation 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 warranties in any transfer or conveyance of the Title. This policy shall not continue in forgo in favor of any purchaser from the Insured of either (i) an estate or interest in the Land, or (if) an obligation secured by a purchase money Mortgage given to the Insured. NOTICE Or CLAIM TO BE GIVEN BY INSURED CLAIMANT. The Insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 5(a) below, or (if) in case Knowledge shall come to an Insured hereunder of any claim of title or interest that is adverse to the Title, as insured, and that might cause loss or damage for which the Company may be liable by virtue of this policy. If the Company is prejudiced by the failure of the Insured Claimant to provide prompt notice, the Company's liability to the Insured Claimant under the policy shall be reduced 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 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 or other matter 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 for 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 as insured; (if) indemnify the Insured as provided in this policy; (iii) 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 of title insurance without exception for the lien, encumbrance, adverse claim or defeat, said policy to be in an amount equal to the current value of the Land or, if a loan policy, the amount of the loan; (iv) indemnify another title insurance company in connection with its issuance of a policy(ies) 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 (i) through (v) herein. Owner's Policy of Title Insurance T 1 (2101/10) PROOFOFLOSS In the event the Company is unable to determine the amount of loss or damage, the Company may, at its option, require as a condition of payment that the Insured Claimant furnish a signed proof of loss. The proof of loss must describe the defect, lien, encumbrance 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. DEFENSE AND PROSECUTION OFACTIONS. (a) Upon written request by the Insured, and subject to the options contained in Sections 3 and 7 of these Conditions, 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 covered by this policy adverse to the Insured. This obligation is limited to only those stated causes of action alleging matters 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 stated causes of action. It 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, in addition to the options contained in Sections 3 and 7, 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, as insured, or to prevent or reduce loss or damage to the Insured, The Company may take any appropriate action under the teens of this policy, whether or not it shall be liable to the Insured. The exercise of those rights shall not be an admission of liability or waiver of any provision of this policy. If the Company exorcises its rights under this subsection, it must do so diligently. (c) Whenever the Company brings an action or asserts a defense as required or permitted by this policy, the Company may pursue the litigation to a final determination by a court of competent jurisdiction and it expressly reserves the right, in its sole discretion, to appeal from any adverse judgment or order. DUTY OF INSURED CLAIMANT TO COOPERATE. (a) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding and any appeals, the Insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, including the right 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 (I) in securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (if) in any other lawful act that in the opinion of the Company may be necessary or desirable to establish the Title or any other matter 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. (b) The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized representative of the Company and to produce forexamination, Inspection and copying, at such reasonable times and places is may be designated by the authorized representative of the Company, all records, in whatever medium maintained, including books, ledgers, checks, memoranda, correspondence, reports, emails, disks, tapes, and videos whether bearing a date before or after Date of Policy, that reasonably pertain to the loss or damage. Further, If requested by any authorized representative of die Company, the Insured Claimant shall grad its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all of those records in the custody or control of a third party that 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 any reasonably requested Information or grant permission to secure reasonably necessary Information from third parties as required in this subsection, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this policy as to that claim. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY, 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 that were authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to pay. Upon the exercise by the Company of this option, all liability and obligations of the Company to the Insured under this policy, other than to make the payment required in this subsection, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. (b) To Pay or Otherwise Settle 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, In addition, the Company will pay any costs, attorneys' fees and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay; or (if) 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 that were authorized by the Company up to the time of payment and that the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in subseotions (b)(i) or (if), 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. 3, DETERMINATIONAND EXTENT OPLYARILITY. 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 damage by reason of matters insured against by this policy. (a) The extent of liability of the Company for loss or damage under this policy shall not exceed the lesser of: (I) the Amount of Insurance; or (if) the difference between the value of the Title as insured and the value of the Title subject to the risk insured against by this policy. (b) If the Company pursues its rights under Section 3 or 5 and is unsuccessful in establishing the Title, as insured: (i) the Amount of Insurance shall be increased by 10%; and (fi) the Insured Claimant shall have the right to have the loss or damage determined either as of the date the claim was made by the Insured Claimant or as of the date it is settled and paid. (a) In addition to the extent of liability under (a) and (b), the Company will also pay those costs, attorneys' fees and expenses incurred in accordance with Sections 5 and 7 of these Conditions, 9. LIMITATION OFLLIBILITY. (a) If the Company establishes the Title, or removes the alleged defect, lien or encumbrance, or autos the lack of a right of access to or from the Land, all as insured, or takes action in accordance with Section 3 or 7, in a reasonably diligent manner by any method, including litigation and the completion of any appeals, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused to the insured. (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, adverse to the Title, as insured. (a) The Company shall not be liable for loss or damage to the Insured for liability voluntarily assumed by the Insured in settling any claim or suit without the prior written consent of the Company, 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY. All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the Amount of Insurance by the amount of the payment. 11. LIABILITYNONCUMULATIVE, The Amount of insurance shall be reduced by any amount the Cmnparty pays 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 executed by an Insured after Date of Policy and which is a charge or lien on the Title, and the amount so paid shall be doomed a payment to the Insured under this policy. 12. PAYMENTOPLOSS. When liability and the extent of loss or damage have been definitely fixed in 2739843 (2/10) Owner's Policy of Title Insurance T• I (2/01110) 13. 14. IS. accordance with these Conditions, the payment shall be made within 30 days. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT. (a) Whenever the Company shall have settled mid paid a claim under this policy, it shall be submilated and entitled to the rights of the Insured Claimant in the Title and all other rights and remedies in respect to the claim that the Insured Claimant has against any person or property, to the extent of the amount of any loss, crisis, attorneys' fees acid expenses paid by the Company, If requested by the Company, the Insured Claimant shall execute documents to evidence the transfer to the Company of these rights and remedies. The Insured Claimant shall permit the Company to sue, compromise or settle in the name of the Insured Claimant and to use the name of the Insured Claimant in any transaction or litigation involving these rights and remedies. If paymenton accountofa claim does not fully cover the loss of the Insured Claimant, the Company shall defer the exercise of its right to recover until after the Insured Claimant shall have recovered its loss. (b) The Company's right of subrogation includes the rights of the Insured to Indemnities, guaranties, other policies of insurance or bonds, notwithstanding any terms or conditions contained in those instruments that address subrogation rights. ARBITRATION, Either the Company or the Insured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Title Association ("Rules'). Except as provided in the Rules, there shall be no joinder or consolidation with claims or controversies of other persons. 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, any service in connection with its issuance or the breach of policy provision, orto any other controversy or claim arising out of the transaction giving rise to this policy, All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured, unless the Insured is an individual person (as distinguished from an Entity). All arbitrable matters when the Amount of Insurance is in excess of $2,000,000 shall be arbitrated only when agreed to by both the Company and the Insured, Arbitration pursuant to this policy and under the Rules shall be binding upon the parties. Judgment upon the award rendered by theArbitrator(s) may be entered in any courtofcompetent jurisdiction. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT. (a) This policy together with all ondorsements, if any, attached to It by the Company is the entire policy and contract between the Insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage that arises out of the status of the Title or by any action asserting such claim, shall be restricted to this policy. (c) Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized person, or expressly incorporated by ScheduleA of this policy. (d) Each endorsement to this policy issued at any time is made a part of this policy and is subject to all of its terms and provisions. Except as the endorsoment expressly states, it does not (i) modify any of the tones and provisions of the policy, (ii) modify any prior ondosement, (III) extend the Data of Policy or IN) increase the Amount of Insurance. Each Commitment, endorsement or other forth, or provision in the Schedules to this policy that refers to a term defined in Section I of the Conditions shall be deemed to refer to the term regardless of whether the term is capitalized in the Commitment, endorsement or other form, or Schedule. Each Commitment, endorsement or other form, or provision in the Schedules that refers to the Conditions and Stipulations shall be deemed to refer to the Conditions of this policy, 16, SEVERABILITY. In the event any provision of this policy, in whole or in part, Is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision or such part held to be invalid and all other provisions shell remain in full force and affect. 17. CHOICE OF LAW, FORUM. (a) Choice of Law: The Insured acknowledges the Company has underwritten the risks covered by this policy and determined the premium charged therefor in reliance upon the law affecting interests in real property and applicable to the interpretation, rights, remedies or enforcement of policies of title insurance of the jurisdiction where the Land is located. Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity of claims against the Title that are adverse to the Insured, and in interpreting and enforcing the terms of this policy. In neither case shall the court or arbitrator apply its conflicts of laws principles to determine the applicable law. (b) Choice of Foram: Any litigation or other proceeding brought by the Insured against the Company must be filed only in a state or federal court within the United Steles of America or its territories having appropriate jurisdiction. 18. NOTICES, WHERE SENT. Any notice of claim and any other notice or statement in writing required to be given the Company under this Policy must be given to the Company at National Claims Administration, P.O. Box 45023, Jacksonville, Florida 32232- 5023. 2739843 (2/10) Owner's Policy of Title Insurance T-I (2/01110) IMPORTANT NOTICE To obtain information or make a complaint: You may call Fidelity National Title Insurance Company's toll -free telephone number for information or to make a complaint at: 1-800.292.5320 You may also write to Fidelity National Title Insurance Company at: 10010 San Pedro, Suite 630 San Antonio, Texas 78216 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1.800-252.3439 You may write the Texas Department of Insurance: P.O. Box 149104 Austin, TX 78714.9104 Fax: (512) 475-1771 Web: http•//ww.tdi.state.tx us E-mail: ConsulnerProtection(o).tdi.state.tx.us PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the company first, If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. AVISOIMPORTANTE Para obtener informacion o para someter una queja: Usted puede Ilamar al numero de telefono gratis Compania de Seguros de Titulo de Fidelity National Title para informacion o para someter una queja al: 1-800-292-5320 Usted tambien puede escribir a Compania Seguros de Tfmlo de Fidelity National Title 10010 San Pedro, Suite 630 San Antonio, Texas 78216 Puede comunicarse con el Departamento de Seguros de Texas para obtener informacion acerca de companias, coberturas, derechos o quejas al: 1-800-252-3439 Puede escribir all Departamento de Seguros de Texas: P.O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: http://www.tdi.stat(,.tx.us E-mail: ConsumerProtection r(77 tdI state.tx.us DISPUTAS SOBRE PRIMAS O RECLAMOS: Si tiene una disputa concemiente a an prima o a un reclamo, debe comunicarse con el la compania) primero. Si no se resuelve Is disputa, puede entonces comunicarse con el departamento (TDI). UNA ESTE AVISO A SU POLIZA: Este aviso es solo para proposito de informacion y no se convierte on Porto o condicion del documento adjunto 2739843 (2/10) Owner's Policy of Title Insurance T-1 (2/01/10)