HomeMy WebLinkAboutTitle Insurance• t,43. 006603
OWNER'S POLICY OF TITLE INSURANCE
Issued by
Tittle Resources Guaranty Company
Any notice of claim and any other notice or statement in writing
required lobe given to the Company underthis policy must be given to
the Company at the address shown In Section 18 of the Conditions.
COVERED RISKS
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE
EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE D
AND THE CONDITIONS, TITLE RESOURCES GUARANTY
COMPANY, a Texas corporation (the "Company') Insures, as of Dale of
Policy and, to the extent stated In Covered Risks 9 and 10, after Data of
Policy, against loss ordamage, not exceeding lhaAmount 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 Tolle. This Covered
Risk Includes bul Is not limited to insurance against loss from:
(a) A dated In the Title caused by:
(1) forgery, fraud, undue Influence, duress, Incompetency.
Incapacity or Impersonation;
(IQ fallure of any person or Entity to have authorized a
transfer or conveyance;
(Ili) a documentaffecting Title notpiopedyuealed,executed,
witnessed, sealed, acknowledged, notarized or delivered;
(iv) failure to perform those acle necessary to create a
documanl by electronic means authorized by law;
(v) a document executed under a falsified, expired or
otherwise Invalid power of attorney;
(vl) a document not property filed, recorded or Indexed In the
Public Records Including fafture to perform those acts by
electronic means authorized by law; or
(viQ 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 Tiffs that would be
disclosed by an accurate and complete land survey of the
Land. The term'eneroachmenr 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 consthutional mecbanlds, contractor's, or
materialman's lien for labor or materials having its Inception
on or before Date of Polley.
3. Lack of good and indefeasible Tole.
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, prohllilling or relating to:
(a) the occupancy, use or enjoyment of the Land;
(b) the character, dimensions or location of any Improvement
erected on the Lend;
(a) subdivision of land, or
(it) environmental protection
It a notice, describing any pad of Ste 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. .s
8. An enforcement action based on the exercise of a govammeltal
police power not covered by Covered Risk 5 If a notice of the
enforcement action, describing any pad 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 11 a notice of the
exercise, describing arty 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 resub of the avoidance In whole or In pad, or Iron a
court order providing an attemative remedy, of a transfer of all
or any part of the Ift to or any interest In the Land occurring
prior to the transaction vesting Title as shown In Schedule A
because that prior transfer constituted a fraudulent or
preferential transfer under federal bankruptcy, state
Insolvency or similar cref9lors' 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 cied'aore'rights laws
by reason of the failure of Its recording In the Public Records
(1) to be tlmely, 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 f0sks t 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 Tolle as shown In Schedule A.
The Company will also pay the costs, attomeys' fees, and expenses
Incurred In defense of any matter Insured against by this Policy, but
only to the extent provided In the Condiions.
us uedy_
An Auth ized Signature
recces
Title Resources Guaranty Company
By: toe,-�
ese,-� 777"7Z
Vice PresktenVAsst. Sec etary
Secretary
FORM T-1: Owner's Policy of The Insurance (For Use Only In Texas) Effective 5/01/2008
TEXAS OWNER'S POLICY OF TITLE INSURE
TP typed: May 28, 2008
POLICY NUMBER: 1143-006603
GF NO. 00082036
Issued simultaneous with Policy No.1243-006612
COUNTY CODE: 041 POLICY DATE: May 7, 2008
PROPERTY CODE: C LIABILITY AMOUNT: $261,995.00
TOTAL PREMIUM: $1,708.00
POLICY CODE(S):
1200 $ 1.708.00
TOTAL $ $ 1.708.OD
University Title Company Title Resources Guaranty Company
TI - Texas Owner's Policy of Title Insurance
OWNER'S POLICY OF TITLE INSURANCE (T-1)
Issued by
Title Resources Guaranty 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.
RWI Vili llil M D11
Name and Address of Title Insurance Company:
Title Resources Guaranty Company
8111 LHJ Freeway, Suite 1200
Dallas, TX 75251
File No. 00082036 Policy No.1143-006603
Issued simultaneous with Policy No.1243-006612
Address Reference: 303A University Dr E, College Station, TX 77840
Amount of Insurance. $261,995.00 Premium: $1,708.00
Date of Policy: May 7, 2008 at 2.25 P.M.
1. Name of Insured:
303A Properties, LLC
2. The estate or interest in the Land that is encumbered by the Insured Mortgage is: Fee Simple
3. Title is insured as vested in:
303A Properties, LLC
4. The Land referred to in this policy is described as follows:
See Exhibit A attached hereto and made a part hereof.
University Title Company Title Resources Guaranty Company
T1- Texas Owner's Policy of Title Insurance
Exhibit A
Field notes to all that certain tract or parcel of land being 0.213 acre, more or less, located In the Richard Carter Survey,
Abstract No. 8 in Brazos County, Texas, being the southeasterly 67.5 feet of Lot 12 in Block "B", College Heights
Addition to the City of College Station, Texas, as shown on the plat recorded In Volume 124, Page 259 of the Real
Property Records of Brazos County, Texas (RPRBCT). Said 0.213 acre being all of the land described in a Deed from
William T. Aycock, Inc, to William T. Aycock, HI dated December 21, 1981 and recorded In Volume 505, Page 311,
RPRBCT and being more particularly described as follows:
BEGINNING at a 1-Inch iron pipe found in the Intersection of the northwesterly right of way of University Drive (F.M.
Highway No. 60) with the northeasterly right of way of Eisenhower Street for the southerly corner of the sold Lot 12;
THENCE N 450 5812011 W 67.50 feet along the northeasterly right of way of Eisenhower Street to a 1/2-Inch iron rod set
for the westerly corner of the said 0.213 acre tract. From said iron rod, a 1/2-inch iron rod found bears N 64° II' 30" E
3.79 feet;
THENCE N 450 00' 01" 11137.32 feet along the northwesterly line of the said 0.213 acre tract to a 1/2-Inch iron rod set for
corner in the northeasterly line of the said Lot 12 and the southwesterly line of a 15 foot wide alleyway described in Tract
Two in a Deed from William T. Aycock, HI to Betty Aycock recorded In Volume 1151, Page 112, RPRBCT;
THENCE S 45° 69' 47" E 67.50 feet along the northeasterly line of Lot 12 and the southwesterly line of the said alleyway
to a 1/2-inch iron rod set for corner In the northwesterly right of way of University Drive;
THENCE S 45° 00' 00" W 127.34 feet along the northwesterly right of way of University Drive to PLACE OF
BEGINNING, and containing 0.213 acre, more or less.
NOTE: The Company is prohibited from insuring the area or quantity of the land described herein. Any statement in the
above legal description of the area or quantity of land is not a representation that such area or quantity Is correct, but is
made only for Informational and/or identification purposes and does not override Item 2 of Schedule B hereof.
11
S
File No.: 00082036
SCHEDULE B
EXCEPTIONS FROM COVERAGE
Policy No:1143-006603
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or
expenses) that arise by reason of the terms and conditions of the leases and easements, if any, shown in
Schedule A, and the following matters:
1. The following restrictive covenants of record itemized below (the Company must either insert
specific recording data or delete this exception):
Item No.1, Schedule B, is hereby deleted.
2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments or
protrusions, or any overlapping of improvements.
3. Homestead or community property or survivorship rights, if any, of any spout se 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
a. to the area extending from the line of mean low tide to the line of vegetation, or the right
of access to that area or easement along and across that area.
5. Standby fees, taxes and assessments by any taxing authority for the year 2008, and subsequent
years; and subsequent taxes and assessments by any taxing authority for prior years due to change
in land usage or ownership, but not those taxes or assessments for prior years because of an
exemption granted to a previous owner of the property under Section 11.13, 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 Deed:
Grantor: W. T. Aycock, III, joined pro forma by my spouse, Betty Aycock
Grantee: 303A Properties, LLC
Dated: May 2, 2008
Recorded: May 7, 2008, Volume 8579, Page 27, Official Records, Brazos County, Texas.
Additionally secured by Deed of Trust and Assignment of Rents:
Grantor: 303A Properties, LLC, a Texas limited liability company
Trustee: Ben Hayes Riggs
Amount: $213,090.00
Beneficiary: Compass Bank, a national banking association
Dated: May 2, 2008
Recorded: May 7, 2008, Volume 8579, Page 31, Official Records, Brazos County, Texas.
b. Rights of Parties in Possession.
c, Subject rights of tenants in possession.
d. 25' building line on the southeast side; 15' building line on the northeast, northwest southwest
sides; as shown on plat recorded in Volume 124, Page 259 of the Deed Records of Brazos
0 0
SCHEDULER
File No.: 00082036 Policy No:1143-006603
County, Texas; as shown on survey prepared on Apr! 110, 2008, under the supervision of Gary
G. Brown, R.P.L.S. #4654.
e. Encroachment of existing building into the 15' building line on the northwest side of the
property, as shown on survey prepared on April 10, 2008, under the supervision of Gary G.
Brown, R.P.L.S. #4654.
f. Any Claim or right of adjoining property owner(s) to that strip of land lying between the
fence and the boundary line on the northwest side of the property, as shown on survey
prepared on April 10, 2008, under the supervision of Gary G. Brown, R.P.L.S. #4654.
University Title Company
By: \je -I.'
p vlf Authorized Countersignature
Fgure:28W §1.601(a)(3)
or malts a
2 You may contact Unlvessity Tide Company at-1-8W-
32B-9B18.
3 You may call Title Resources Guaranty Company's lot[ -
free telephone number for information or. to make a
complaint at
1-00e-526.so'Ie
4 You may also write in Title Resources Guaranty
Company at
8111 LBJ Freeway, Ste. 1200
Dallas, TX 75251
5 You may contact the Texas Department of Insurance to
obtain lnformstion•on•companles, coverages, rights or
complaints at
1-80-252.3439
8 You may write the Texas Department of Insurance:
P.O. Box 149104
Adstln, TX 7B714-9104
Pax: (512) 475-1771
Web: httpJ1www.WI.state.tx.us
E-mail: ConsumerProiouUbnfdtdl.state.btus
7 PREMIUM OR CLAIM DISPUTES:
Should you.hava a dispute conternIng your premium or
about a Claim you, should contact University orTide
Resources Guaranty Company first If the dispute Is'not
resolved, you may contact the Texas Department of
Insurance_
0
o pare someter una
qualk
Puede comutdcame con University Tdia Company al 1 866
32"8%
Usted puede llamarai numem de Wallow gratis do We
Resources Guaranty Company s pars Information o para
someter' Una gtleja at:
B ATTACH THIS NOTICE TO YOUR POLICY:
This notice is for information only.and does not become a
part or condition of the attached document
1-eoa-52B-eaiB
Usted tamblen puede escdbir a Tide Resources Guaranty
Company,-
8111 LBJ Freeway, Ste. iZ00
Dallas, TX75251
puede corriunicarse con at Depariamento de Seguros de
Texas para oblener informaclon acema de companlas,
cobefturas, derechos o quejas at:
1-8150-252.3439
Puede esrriblr at Departamanto de Segurds de Texas:
P.O. Box 149104
Ausdn, TX,78714-9104
Fax: (512) 475-1771
Weft: hdp:/fwww.Idl.state tx.us
E-mail: CdbdOinerProtecdonf -.tdi.state.tx.us,
DISRU:1`AS SWRE PRIMas D RECLAMOS:
Si denewna.d(s puts concemlenta a su prime o a un
fodlanio, deliitcdrhunrcarse con'UnlversityTide Company o
Title Resources Guaranty Company pdinetn: SI no se
resuelve Is dispula, puede entonces comunlcarse con el
dApartamento
(TDi)-
UNA ESTE A)ASD A SU PDLiZA: F,ste aviso as solo pars
pmposito de information y no se convierte an parte o
condiclon del documento adjunio.
OWNER'S PILICY OF TITLE INSURAISE (T-1)
Issued byAlliant National Title Insurance Company OOLICY.NUMBER.- .
Any notice of claim and any other notice or statement In writing required to be given the Company under this TXQj ['Q OG
frolloy must be given to the Company at the address shown In aecllon la of the Conditions. V1J1,7 V
COVERED RISKS -
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULEB AND. THE
CONDITIONS, ALLIANT NATIONAL TITLE INSURANCE COMPANY, a Colorado corporation (the "Company) Insdies,,as of Date of Policy end, to
the extent slated In Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance, austalned or
Incurred by the Insured by reason of:
1. Tille being vested other than as slated In Schedule A. -
2. Any defect In or Ilan 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: -
(1) forgery, fraud, undue Influence, duress, Incompetency, Incapacity or impersonatlofr; .
(11) failure of any person or Entity to have authorized a transfer of conveyance;' -
(III) 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;
(vo a document not property filed, recorded or Indexed In the Public Records Including failura to perform those acts by electronic
means authorized by law; or
(vil) a detective 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 unpaki.
(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 Lend onto adjoining land, and
(d) Any statutory or constitutional mechanic's, conlrectors, or materlaiman's Ilan for labor or materials having Ns Inception on or before
Dale of, Policy.
3. Lack or good end Indefeasible Tills.
4. No right of access to and from the Land.
5. The violation or enforcement of any law, ordinance, permit, of 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) subs lAslon of land; or
(d) environmental protection S a notice, describing any pad of the Land, Is recorded In the Public Records selling 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 pad of the Land, is recorded in the Public Records.
S. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge.
9. Tile being vested other than as stated In Schedule A or being defective:
(a) as a result of the avoidance In whole or In pad, or from a court order providing an alternative remedy, of a transfer o1 all or any pad o1
the title to or any Interest in the Land, occurring'pripr to the transaction vesting Title as shown In Schedule A 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 Tille'ac shown in Schedule A constitutes a preferential transfer under federal bankruptcy,
state insolvency or simfiar creditors' rights laws by reason of the failure of Its recording in the Public Records: -
(1) to be timely, or
(11) 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 t through 9 that has been created or attached
or has been fled 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
Countersigned:
8y:
Authorized Olecer or Agent
rmnNrrrz-n a~*Pr ydls.hw,lee
ALLIANT NATIONAL TITLE
INSURANCE COMPANY
Angst:
Secretary
TEXAS OOER'S POLICY OF TITLE INSUR*E
COVER SHEET
TP typed: June 6, 2008
POLICY NUMBER: TXO 158706
GF NO. 00080762
Issued simultaneous with Policy No. TXM 165226
COUNTY CODE: 041 POLICY DATE: May 7, 2008
PROPERTY CODE: C LLIBILITY AMOUNT: $352,000.00
TOTALPREMRIM: $2,189.00
POLICY CODE(S):
1200 a 2,189.00
a
a
a
a
TOTAL $ $ 2189.00
University Title Company - Alliant National Title
TI - Texas Owner's Polley of Title Insurance
OWNER'S POLICY OF TITLE INSURANCE (T•1)
Issued by
Alliani Nadonal Tirle
Any notice of claim and any other notice or statement in writing required to be given the Company under this
Policy must be given to the Company at the address shown in Section 18 of the Conditions.
SCHEDULE A
Name and Address of Title Insurance Company:
Alliont National Title
2101 Ken Pratt Blvd., Suite 102
Longmont, CO 80501
File No. 00080762 Policy No. TXO 158706
Issued simultaneous with Policy No. TXM 165226
Address Reference. 303E University Dr. E, College Station, TX 77840
Amount of Insurance: $352,000.00 Premium: $2,189.00
Date of Policy: May 7, 2009 at 2:25 P.M.
1. Name of Insured:
Kalgroup Properties, LP
2. The estate or interest in the Land that is encumbered by the Ensured Mortgage is: Fee Simple
3. Title is insured as vested in:
Kalgroup Properties, LP
4. The Land referred to in this policy is described as follows:
See Exhibit A attached hereto and made a part hereof,
University Title Company Alliont National Title
TI - Texas Owner's Policy of Title Insurance
10 w
Exhibit A
Field notes to all that certain tract or parcel of land being 0.316 acre, more or less, located in the Richard Carter Survey,
Abstract No. 8 In Brazos County, Texas, being all of Lot 1, the adjoining 5.0 feet of Lot 2, and a portion of the alleyway
between Lot 1 and Lot 12, all In Block "B", College Heights Addition to the City of College Station, Texas, as shown on
the plat recorded in Volume 124, Page 259 of the Real Property Records of Brazos County, Texas (RPRBCT). Said 0.316
acre being all of the land described as Tract One and Tract Two in a Deed from William T. Aycock, HI to Betty Aycock
dated October 31, 1988 and recorded In Volume 1151, Page 112, RPRBCT and being more particularly described as
follows:
BEGINNING at a V2dnch iron rod found In the southwesterly right of way of Nimitz Street for the easterly corner of a
called 0.24 acre tract described in a Deed from Yalchiro Mineral, Trustee to Richard T. Lemons recorded In Volume
8025, Page 286, RPRBCT, some being. the northerly corner of the herein described 0.316 acre tract;
THENCE S 45' 59' 47" E 92.50 feet along the southwesterly right of way of Nimitz Street to a 1/24nch iron rod set for
corner in the intersection of the southwesterly right of way of Nimitz Street with the northwesterly right of way of
University Drive (F.M. Highway No. 60);
THENCE S 450 00' 00" W 152.72 feet along the northwesterly right of way of University Drive to a 1/2-inch iron rod set
for the southerly corner of the said 0.316 acre tract, some being the southerly corner of Lot 12, Block B, College Heights
Addition;
THENCE N 450 59' 47" W 67.50 feet along the northeasterly line of Lot 12 and the southwesterly line of the said alleyway
to a 1/2-inch iron rod act for corner;
THENCE N 45100' 00" E 15.00 feet to an "x" cut In concrete for corner in the northeasterly line or the said alleyway and
the southwesterly line of the said Lot 1;
THENCE N 45° 59' 47" W along the northeasterly line of the said alleyway and the southwesterly line of the said Lot 1,
passing at 20.38 feet a 3/84neb iron rod found for the westerly corner of the said Lot 1, continuing for a total distance of
25.00 feet to a 1/2-Inch iron rod set for corner;
THENCE N 450 00' 00" E 137.72 feet along the southeasterly line of the sold 0.24 acre tract and the most northerly
northwest line of the sold 0.316 acre tract to PLACE OF BEGINNING, and containing 0.316 acre, more or less,
NOTE: The Company is prohibited from insuring the area or quantity of the land described herein. Any statement in the
above legal description of the area or quantity of land Is not a representation that such area or quantity is correct, but is
made only for informational and/or identification purposes and does not override Item 2 of Schedule B hereof.
SCHEDULED
Pile No.: 00080762 Policy No: TXO 158706
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or
expenses) that arise by reason of the terms and conditions of the leases and easements, If any, shown in
Schedule A, and the following matters;
I. The following restrictive covenants of record Itemized below (die Company must either insert
specific recording data or delete this exception):
Item No.1, Schedule B, is hereby deleted.
2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments or
protrusions, or any overlapping of improvements.
3. Homestead or community property or survivorship rights, if any, of any spoulse of any Insured,
4. Any titles or rights asserted by anyone, including but not limited to, persons, the public,
corporations, governments or other entities,
a. to tidelands, or lands comprising the shores or beds of navigable or perennial rivers and
streams, lakes, bays, gulfs or oceans, or
b. to lands beyond the line of the harbor or 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.
5. Standby fees, taxes and assessments by any taxing authority for the year 2008, and subsequent
years; and subsequent taxes and assessments by any taxing authority for prior years due to change
in land usage or ownership, but not those taxes or assessments for prior years because of an
exemption granted to a previous owner of the property under Section 11.13, Texas Tax Code, or
because of Improvements not assessed for a previous lax year.
6. The following matters and all terms of the documents creating or offering evidence of the matters
(The Company must insert matters or delete this exception):
a. Vendor's Lien retained in Deed:
Grantor:
Betty Aycock, Joined pro forma by my spouse, W. T. Aycock, III
Grantee:
Kalgroup Properties, LP
Dated:
May 2, 2008
Recorded:
May 7, 2008, Volume 8579, Page 45, being corrected and refrled May 23, 2008,
Volume 8608, Page 3, Official Records, Brazos County, Texas.
Additionally secured by Deed of Trust:
Grantor: Kalgroup Properties, LP, a Texas limited partnership
Trustee: Ben Hayes Riggs
Amount: $286,410.00
Beneficiary: Compass Bank, a national banking assocation
Dated: May 2, 2008
Recorded: May 7, 2008, Volume 8579, Page 49, Official Records, Brazos County, Texas.
b. Rights of Parties in Possession.
c. Subject rights of tenants in possession.
University Title Company Alliant National Title
TI - Texas Owner's Policy of Title Insurance -
SCHEDULEB
File No.: 00080762 Policy No: TXO 158706
d. 25' building line on the southeast side; 1 Y building line on the northeast, northwest and
southwest sides; electric line from the north comer to building; as shown on plat recorded in
Volume 124, Page 259 of the Deed Records of Brazos County, Texas; as shown on survey
prepared on April 10, 2008, under the supervision of Gary G. Brown, R.P.L.S. 44654.
e. Encroachment of existing shed into the west comer protrudes onto adjacent property; as
shown on survey prepared on April 10, 2008, under the supervision of Gary G. Brown,
R.P.L.S. #4654.
f. Encroachment of both existing buildings We the 15' building line on the northwest side of the
property, as shown on survey prepared on April 10, 2008, under the supervision of Gary G.
Brown, R.P.L.S. #4654.
g. Any Claim or right of adjoining property owner(s) to that strip of land lying between the
fence and the boundary fine on the northwest side of the property, as shown on survey
prepared on April 10, 2008, under the supervision of Gary G. Brown, R.P.L.S. #4654.
h. Utility Basement on the southwest side:
Prom: W. T. Aycock
To: City of College Station
Dated: August 24,1987
Recorded: Volume 996, Page 122, Offelal Records, Brazos County, Texas; as shown on
survey prepared on April 10, 2008, under the supervision of Gary G. Brown, R.P.L.S. 44654
University Title Company
By: j . - — (-4 , mac_ k
Authorized Countersignature
IMPORTANT NOTICE
To obtain informatlon or make a
complaint
You may call Alliant National Title Insurance
Company's toll free telephone number for
Information or to make a complaint
at
1.877-768-9600
You may also write to Alliant National Title
Insurance Company, at
2101 Ken Pratt Blvd., Suite 102
Longmdnt, CO 80501
nnr(Ekaliiaritnaiional. co m
You may contort the Texas Department of
Insurance to obtain information on
companies, coverages, Tights, or complaints
at:
1-900.252-3439
You may write the Texas Department of
Insurance:
P.O. Box 149104
Austin`, TX 78714-9104
Fax; (512) 475-1771
Webjigh1JpJfwwwAdi.state.bcus
E-malL ConsumarPiotectlon@tdl.state.br,us
11
AVISO IMPORTANTE
Para obterier informaclon o para someter
una queJa:
U61Ed puede Ilamar al numsro de telefono
gratis de Alliant National Tittle Insurance
Company pars Informacion o'pata someter
una queJa at:
PREMIUM OR CLAIM DISPUTES:
Should you ha5e7a dispute conceming your.
premium or about a claim, you should
contact Alliant National Title Insurance
Company first. If the dispute is not resolved,
you may then contact the Texas Department
of insurance.
ATTACH THIS NOTICE TO YOUR POLiGY:
This notice Is for information only and does
not become a part or condition of the
attached document.
1-877 70f#-+960D
Usted tamblen puede escriber a Alliant
National Title Insurance Company;
2101 Kan Pratt Blvd., Suits 102
Longmont, CO 80501
npeftatliantnationat.com
Puede comunicarse con el Depattamento de
Seguros de Texas pans obtener Information
acerca de cotnpontas, coberturas, dereturas,
derechos o qudJas at:
1-800-25Z-M9
Puede escribir al Depadamento de Seguros
da Texas:
P.O. Box 149104
Austin, TX- 78714-9104
Fax: (512) 475-1771
Web: http:Hwww.tdi.state.tx.us
E-mail: ConsumerProtectlotiO—tdi.state.ix.us
OISPUTAS SOBRE PRIMAS O
REGLAMOS:
t tiene una disputa concemlente a su prima o
a un reclamo, debe comunicarse con of
Alliant National Tille'Insulance Company
pri€nero. SI no se resuelve la dispute, puede
entonces coinunIWI-se don el dapaitamento
(TDI).
(t)
UNA ESTE AVISO A SU POLIZk.
Este aviso es solo pares propositb de
information y no se convierto en parts o
condiclon del documento adjunto
GF No.: U125148
Examiner: Lauren Liljestrand
Effective Date: November 14, 2012
NOTHING FURTHER CERTIFICATE
STATE OF TEXAS
COUNTY OF BRAZOS
THIS IS TO CERTIFY: That we have examined the records of the County Clerk of Brazos
County, Texas as they are reflected in the geographically indexed title plant of University Title
Company as to the following property, to -wit:
Being all of that certain tract or parcel of land lying and being situated in College Station,
Brazos County, Texas, and being a part of Lot 2, Block "B" of COLLEGE HEIGHTS
ADDITION according to the plat recorded in Volume 124, Page 259, Deed Records of
Brazos County, Texas, and being described as follows:
BEGINNING at a 1/2" iron rod found at the most Northerly common corner of Lots 2 and
3, Block "B" of said addition; same being in the Southwest right-of-way line of Nimitz
Street;
THENCE S 46' 07' 33" E - 75.14 feet along said Nimitz Street line to a 1/2" iron rod found
at the most Northerly common corner of this tract and the Betty Aycock 0.32 acre tract
(11511112);
THENCE S 450 00' 00" W - 137.50 feet across said Lot 2 along the common line between
this tract and said Aycock tract to a 1/2" iron rod set at the most Southerly common comer
of said tracts; same being in the Northeast line of a 15.00 foot alley;
THENCE N 460 02' 27" W - 75.14 feet along said alley line to a 1/2" iron rod found at the
most Southerly common corner of said Lots 2 and 3;
THENCE N 450 00' 00" E-137.39 feet along the common line between said Lots 2 and 3 to
the PLACE OF BEGINNING, and containing 0.24 acres of land, more or less.
NOTE: The Company is prohibited from insuring the area or quantity of the land
described herein. Any statement in the above legal description of the area or quantity of
land is not a representation that such area or quantity is correct, but is made only for
informational and/or identification purposes.
And that our records reflect that the following is a true and correct list of documents affecting
tide to the real property described supra between the dates of October 16, 2008 and November
14,2012:
Warranty Deed with Vendor's Lien:
Grantor: Richard T. Lemons, joined pro forma by his spouse Casey Lemons
Grantee: Kalgroup Properties, L.P., a Texas limited partnership
Dated: October 16, 2008
Recorded: Volume 8841, Page 166, Official Records, Brazos County, Texas.
Deed of Trust to secure a Note:
Grantor: Kalgroup Properties, L.P., a Texas limited partnership
Trustee: Ben Hayes Riggs
Beneficiary: Compass Bank, a national banking association
Amount: $112,500.00
Dated: October 16, 2008
f16
Recorded: Volume 8841, Page 169, Official Records, Brazos County, Texas.
Release of Lien:
From: Mortgage Electronic Registration Systems, Inc., ("MERS")
To: Richard T. Lemons
Dated: October 21, 2008
Recorded: Volume 8858, Page 85, Official Records, Brazos County, Texas. (Releases Deed
of Trust recorded in Volume 8026, Page 1, Official Records, Brazos County, Texas.
This certificate is issued with the express understanding, evidenced by the acceptance of same
that the undersigned does not undertake to give or express any opinion as to the validity of the
title to the property above, but is simply reporting briefly herein as to the instruments listed
above found of record pertaining to said property, and it is expressly understood and agreed that
this Certificate is neither a guaranty nor warranty of the title. By acceptance of this Certificate it
is understood that the liability of the issuer hereof is expressly limited to the actual monetary
consideration paid for same. We have not made any examination as to property taxes, tax suits,
special assessments or conflicts.
University Title Company
By: ➢�wc4w. t
Illl(II11111111111IIIiiIIIIiIINlllllllllllllllllllllllll�lilllllllll Flle# 83761
4/0N1m11zStreet
College Station TX 77840
T1,E0010000
t AMER/
101
0- 5 a+ y OWNER'S POLICY OF TITLE INSURANCE (T-1)
Issued by
FIRST AMERICAN TITLE INSURANCE COMPANY
Any notice of claim and any other notice or statement In writing required to be given to the Company under this policy must be
given to the Company at the address shown In Section 18 of the Conditions,
COVERED RISKS
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE -EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B. AND THE
CONDITIONS, FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation (the'Companyl Insures, as of Date of Policy
and, to the extent staled In Covered Risks 0 and 10, after Date of Policy, against less or damage, not exceeding the Amount of Insurance,
sustained or Incurred by the Insured by reason of:
1. Titie being vested otherthan as stated In Schedule A.
2. Any detect In or Ilan or encumbrance on the Tltie, This Covered Risk Includes but is not limited to Insurance against loss from
(a) A detect in the Title caused by
m forgery, fraud, undue Influence, duress, Incompetency, Incapacity, or knpersonallon;
(II) (allure of any person or Entity to have authorized a transferar conveyance;
(IIQ a document affecting This not propedyorealed, executed, witnessed, sealed, acknowledged, notarized, or delivered;
(N) 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;
(vQ a document not property 81ed, recorded, or Indexed In the Public Records Including failure to perform those ads by
electronic means authorized by law, or
(vil) a defective judldat or adminiska8ve proceedhrg.
(b) The Ilan of real estate lances 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 This that would be disclosed by
an accurate and complete land survey of the Lend. The lerm'encroachment' Includes encroachments of exlstIng
Improvements located on the Land onto adjoining land, and encroachments onto the Lend of existing Improvements located
on edjolning land,
(d) Any statutory or constitution at mechanic's, contractor's, or matedalmen's Fen for labor or materials having fls Inception on or
before Date of Policy,
3, Lack of good and Indefeasible This.
4. No dghl of access to and hom the Land.
First American Title Insurance Compao
BY:
�yc.......�yC�....
CZ���Rwgy�
PRESIDENT
ATTEST;
SECRETARY
This Polley Is valid only when countersigned and Schedules A and B are attached.
Valid OnlyITSchedule A, B and Cover are aftsched T1 • E0D10000
Texas Owner T-1(Rev. SU) Page 1 of S
This Jacket was created electronically and constitutes an original document
TEXAS OWNER'S POLICY OF TITLE INSURANCE
COVER SHEET
TP typed: November 5, 2008
POLICY NUMBER; TI E0010000
GF NO. 00083751
Issued simultaneous with Policy No. T2 90010001
COUNTY CODE: 041 POLICY DATE: October 20, 2008
PROPERTY CODE: LIABILITY AMOUNT: $147,000.00
TOTALPREMIUM: $1,094.00
POLICY CODE(S):
1200 $ 1,094.00
$
$
$
$
TOTAL $ S 1,094.60
University Title Company First American Title Insurance Company
TI - Texas Owner's Policy of Title Insurance
E
OWNER'S POLICY OF TITLE INSURANCE (T4)
Issued by
Mrst American 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 I8 of the Conditions.
SCHEDULEA
Name and Address ofTide Insurance Company:
First American Title Insurance Company
1500 S. Dairy Ashford St., Suite 300
Houston, TX 77077
File No. 00083751 Policy No. TI E0010000
Issued simultaneous with Policy No.: 12 E0010001
Address Reference: 410 Nimitz Street, College Station, TX 77840
Amount of Insurance: $147,000.00 Premium: $1,094.00
Data of Policy: October 20, 2000 at 2:47 P.M.
1. Name of Insured:
Halgroup Properties, LP, a Texas limited partnership
2. Trio estate or Interest in the Land that is encumbered by the Insured Mortgage Is: Fee Simple
3. Tide is insured as vested in:
Kalgroup Properties, LP, a Texas limited partnership
4. The Land referred to in dds policy is described as follows:
See Exhibit A attached hereto and made a part hereof.
University Title Company First American Title Insurance Company
TI - Texas Owner's Policy of Title Insurance
Exhibit A
Being all of that certain tract or parcel of land lying and being situated In College Station, Brazos County, Texas, and
being a part of Let 2, Block "B" of COLLEGE HEIGHTS ADDITION according to the plat recorded In Vol.124, Pg. 259,
Deed Records of Brazos County, Texas, and being described as follows:
BEGINNING at a 1121' iron rod found at the most northerly common corner of Lots 2 and 3, Block "B" of said addition;
some being in the southwest right-of-way line of Nimitz Street,
THENCE S 46° 0713311 E - 75.14 feet along said Nlmitz Street Rue to a In" Iron rod found at the most northerly common
corner of this tract and the Betty Aycock 0.32 acre tract (1151/112);
THENCE S 45100' 001" W-137.50 feet across said Lot 2 along the common Rue between this tract and said Aycock tract
to a 1/2" Iron rod set at the most southerly common corner of said tracts; same being in the northeast Una of a 15.00 foot
alley;
THENCE N 460 0212711 W - 75.14 feet along said alley line to a In" Iron rod found at the most southerly common corner
of sold Lots 2 and 3;
THENCE N 450 00" 00" E-137.39 feet along the common line between said Lots 2 and 3 to the PLACE ON BEGINNING,
and containing 0.24 acres of land, more or less.
NOTE: The Company Is prohibited from insuring the area or quantity of the land described herein. Any statement in the
above legal description of the area or quantity of land is not a representation that such area or quantity is correct, but is
made only for Informational and/or Identification purposes and does not override Item 2 of Schedule B hereof.
File No.: 00083751
EXCEPTIONS FROM COVERAGE
Policy No: T1 E0010000
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or
expenses) that arise by reason of the terms and conditions of the leases and casements, 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, Schedule B, Is hereby deleted.
2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments or
protrusions, or any overlapping of improvements.
3. Homestead or community property or survivorship rights, if any, of any spoulse of any insured.
4. Any titles or rights asserted by anyone, including but not limited to, persons, the public,
corporations, governments or other entities,
a, to tidelands, or lands comprising the shores or beds of navigable or perennial rivers and
streams, lakes, bays, gulfs or omens, 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
C. to the orea extending from the Itne of mean low fide to the line of vegetation, or the right
of access to that area or easement along and across that area.
5. Standby fees, taxes and assessments by any taxing authority for the year 2009, 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 Cade, or
because of improvements not assessed for a previous tax your.
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. Vandoes Lion retained in Deed:
Grantor: Richard T. Leman, Joined pro forma by his spouse Casey Lemons
Grantee: Kalgroup Properties, LP, a Texas limited partnership
Dated: October 16, 2008
Recorded: October 20, 2008, Whine, 8841, Page 166, Official Records, Brazos County,
Texas.
Additionally secured by Deed of Trust and Assignment of Rents:
Grantor: l(algroup Properties, LP, a Texas limited partnership
Trustee: Ben Mayes Riggs
Amount: $112,500.00
Beneficiary: Compass Bank, a national banking association '
Dated: October 16, 2008
Recorded: October 20, 2008, Volume 8841, Page 169, Official Records, Brews County,
Taxes.
b. Rights of Parties In Possession.
University Title Company First American Title Insurance Company
T1- Texas Owaor's Policy of Title Insurance -
SCHEDULED
File No.: 00083751
0
Policy No: TI E0010000
c. 25' building line on the northeast side; 7.5' building line on the northwest and southeast sides;
t0' utility easement on the southwest side; as shown on plat recorded in Volume 124, Page
259 of the Dead Records ofBrazos County, Taxes; as shown on survey prepared on July 16,
1997, under the supervision of Donald D. Garrett, R.P.L.S. #2972.
d. Encroachment of wdstl% house into the 25' building line on the northeast side of the
property, as shown on survey prepared on July 16, 1997, under the supervision of Donald D.
Garrett, R.P.L.S. 92972.
a. Any Claim or right of adjoining property owners) to that strip offend lying between the
fence and the boundary line on the southwest aide of the property, as shown on survey
prepared on July 16, 1997, under the supervision of Donald D. Garrett, R.P.L.S. #2972.
f Fence ties outside the property on the southeast, southwest and northwest sides of the
property, as shown on survey prepared on July 16,1997, under the aupervislon of Donald D.
Garrott, R.P.L.S. #2972.
g. Oil and Gas Leese, and all terms, conditions and stipulations therein:
Lessor: R. G. Wiese, at us
Lessee: North Central Oil Corporation
Dated: February 4,1983
Recorded: Volume 82, Page 133, OR & Gas Lease Records, Brazos County, Texas. Title
to said interest has not been investigated subsequent to the data of the aforesaid instrument.
University Title Company
By;
Authorized Countersignature
'S� AMlRLC'+
First American
Title Ijusu wane Company
IMPORTANT NOTICE
To obtain Information or make a complaint:
You may contact University Tula Company at 1-
886-328-9818.
You may call First American Title Insurance
Company's toll-froe telephone number for
Information or make a complaint at:
1.800.347 7826
You may also write to First American Title
Insurance Company at
1600 S. Dairy Ashford, Suite 30D
Houston, Texas 77077-9867
You may contact the Texas Department of
Insurance to obtain Information on companies,
coverages, rights or complaints at:
1.000-262.3439
You may write the Texas Department of
Insurance:
P.O. Box149104
Austin, Texas 787%9104
Fax: (512) 47&1771
Web: htIc:1Avww.tdl.sta1e tx us
E-mail: CbnsuinerProtecitonMtdl state.tx.us
PREMIUM OR CLAIM DISPUTES:
Should you have a dispute concerning your
premium or about a claim, you should contact
University Title Company or First American Title
Insurance Company first. If the dispute Is not
resolved, you may contact the Texas Department
of Insurance.
ATTACH THIS NOTICE TO YOUR POLICY:
This notice is for Information only and does not
become a part or condition of the attached
document.
AVISOIMPORTANTE
Para obtener Information o pare someter una
queJa:
Puede comunlcarse con su University T10e
Company al 1-860-326-0818.
Usted puede flamer al numbeo do telefono gratis
do First American Title Insurance Company's
Para Informeclon o Para someter one queJa at:
1-800-347.7626
Usted tamblen puede escriblr a First American
Title Insurance Company aI:
160D S. Dairy Ashford, Suite 300
Houston, Texas 770774967
Puerto comuntcams con at Depariamento de
Seguros do Taxes pare obtener Informadon
scarce do companies, cohedums, derechos o
quelas at:
1-800-282-3439
Puede esatblr at Departemento de Seguros de
Texas:
P.O. Box149104
Austin, Texas 78714-9104
Fax: (512) 475-1771
Web: httoJAvww.tdl.state.tx.us
E-mail CnnsumerProtectionLlttdi.siste tx.us
DISPUTAS SOBRE PRIMAS 0 RECLAMOS:
Si Ilene una dispute mricemtente a su prime o a
un reclomo, dabs comunicame con at University
110e Company o First American Title Insurance
Company primero. SI no se resuelve Is dispute,
puede entonces canun)rarse con at
depadamento (rDl).
UNA ESTE AVISO ASU POLI7A:
Este av)so as solo pars proposito de Information
y no se conviorte an Porte o condidon del
documento adjunto.
1600 South Dairy Ashford, Suite 300
Houston, Texas 77077
raL (281) 585-2200 • rex (281) 588-2240
wars r¢a (800) 347.7626 wars rnx (806) 509-4818
GF No. 147438
CERTIFICATE
THE STATE OF TEXAS §
COUNTY OF BRAZOS §
BRAZOS COUNTYABSTRACT COMPANY does hereby certify thatwe have examined the
records in the office of the Clerk of the County Court of Brazos County, Texas, affecting the title to
the said property described below from October 23, 2008:
All that certain lot, tract or parcel of land lying and being situated in Brazos County,
Texas and being a portion of Lot Eleven (11), Block "B", COLLEGE HEIGHTS, an
addition to the City of College Station, Texas, according to the plat recorded in
Volume 124, page 269, Deed Records of Brazos County, Texas. Said tract being the
same tract of land as described by a Deed to Ashley Nicole Gaston, recorded in
Volume 3036, page 10, Official Records of Brazos County, Texas.
Said tract being more particularly described by metes and bounds as follows:
BEGINNING at a 6/8 inch iron rod set on the northeast line of Eisenhower Street (50'
ROW) marking the west corner of said Lot 11 and the south corner of Lot 10, Block B;
THENCE N 410 26' 04" E along the common line of said Lots 10 and 11, at 2.60 feet
pass a 112 Inch Iron rod found, continue on for a total distance of 137.60 feet to a 6/8
Inch iron rod set on the southwest line of a 15.00 foot wide alley marking the common
corner of said Lots 10 and 11;
THENCE S 490 33' 36" E along the southwest line of said alley for a distance of 60.86
feet to a 618 inch iron rod set marking the east corner of this herein described tract,
for reference a 112 inch iron rod found bears: N 41° 06' 47" E for a distance of 3.23
feet;
THENCE S 410 06' 47" W through said Lot 11 and along the common line of said
Gaston tract and a called tract of land as described by a deed to Jeff G. McCoy and
Martha Dee McCoy, recorded in Volume 3481, page 1, Official Records of Brazos
County, Texas, at 134.46 feet pass a 112 inch iron rod found, continue on for a total
distance of 137.49 feet to a 6/8 inch iron rod set on the northeast line of Eisenhower
Street marking the south corner of this herein described tract, for reference a 1 inch
iron pipe found bears: S 490 33' 35" E for a distance of 115.93 feet;
THENCE N 490 33' 35" W along the northeast line of Eisenhower Street for a distance
of 51.63 feet to the POINT OF BEGINNING, containing 0.162 acres of land, more or
less and being the same property described in a Deed from Ashley Nicole Gaston to
Jose L. Ponce, Sr. and Jose L. Ponce, Jr., dated December 17, 2002, recorded in
Volume 6013, page 23, Official Records of Brazos County, Texas.
We find the following actions or conveyances affecting the title to said land (specifically
excluding any conveyances respecting mineral estate) through November29, 2012 @ 8:00 A.M.:
Warranty Deed with Vendor's Lien from Jose L. Ponce, Sr., Jose L. Ponce, Jr. and
wife, Ashley Ponce to 303A Properties, LLC, dated October 22, 2008, recorded in
Volume 8846, page 38, Official Records of Brazos County, Texas.
Deed of Trust and Assignment of Rents dated October 22, 2008, executed by 303A
Properties, LLC to Ben Hayes Riggs, Trustee, securing one note of even date payable
to Compass Bank, in the principal amount of $81,600.00, recorded in Volume 8846,
page 42, Official Records of Brazos County, Texas.
We do not certify as to property taxes.
This certificate Is for informational purposes only and the Information contained
herein shall not be relied on in the issuance of any title insurance policy. The liability of
Brazos County Abstract Company in this connection is limited to $200.00, being the charge
made for this certificate.
WITNESS OUR HAND at Bryan, Texas, November 30, 2012 at 8:00 a.m.
BRAZOS COUNTY ABSTRACT COMPANY
BY:
LISA KEMP
2
OWNER'S POLICY OF TITLE INSURANCE (T-1)
Issued by Commonwealth Land Title Insurance Company
POLICY NUMBER
LandAmerica CommonvieallhLand Title Insurance Company Isamember offha C 6 0- 000 3 3 b 2
Commonwealth LendAmerica family of title Insurance underwriters.
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
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE
CONDITIONS, COMMONWEALTH LAND TITLE INSURANCE COMPANY, a Nebraska 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 Amount of Insurance,
sustained or incurred by the Insured by reason of:
1. Title being vested other than as staled in Schedule A.
2. Any detect 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� forgsly fraud, undue influence, duress, Incompetency, Incapacity, or impersonation;
failure of any person or Entity to have authorized a transfer or conveyance;
a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized or delivered;
(allure to Poo
orm those acts necessary to create a document by electronic means authorized by law;
a document executed under a falsified, expired or otherwise Invalid power of attorney;
lvllvvil,�! a document not properly filed, recorded or indexed In the Public Records including failure to perform those acts by electronic
means authortzed by taw; or
w+) a defective judlclal or administrative proceeding.
(b) he lien of neat 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 existingg 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, contractors, or materiaiman's lien for labor or materials having Its Inception on or before
Date of Polley.
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 51f 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 detective:
(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 pad of
the title to or any interest In the Land occurring prior to the transaction vesting Title as shown in Schedule A 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
(il) to impart notice of its existence to a purchaser for value or a judgment or lien creditor.
10. Anyy 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 fias been filed or recorded in the Public Records subsequent to Dale 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.
IN WITNESS WHEREOF, the Company has caused this Policy to be signed with the facsimile signatures of its President and Secretary
and sealed as required by its By -Laws.
COMMONWEALTH LAND TITLE INSURANCE COMPANY
Attest:R%SEAL' = By: i'
s
SecretaryOW+°,NFaapSKA•�a President
Texas Owner Policy T-1(Rev, 05/01/08)
Form 1190-162 ORIGINAL Valid only if Schedules A and 8 are attached
Premium: $854.00 1200 P-R
SCHEDULE A
Name and Address of Title Insurance Company: Commonwealth Land Title Insurance Company
5600 Cox Road
Glen Allen, Virginia 23060-9266
File No.: 147438 Policy No.: C60-0003262
Issued With: L83-0004173
Address for Reference Only: 411 Eisenhower Street
College Station, TX, 77840
POLICY AMOUNT: $102,000.00
POLICY DATE: October 23, 2008 at 03:50 PM
1. NAME OF INSURED:
303A PROPERTIES, LLC
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:
303A PROPERTIES, LLC
4. LEGAL DESCRIPTION OF THE LAND:
All that certain lot, tract or parcel of land lying and being situated in Brazos County, Texas and being
a portion of Lot Eleven (11), Block "B", COLLEGE HEIGHTS, an addition to the City of College
Station, Texas, according to the plat recorded in Volume 124, page 259, Deed Records of Brazos
County, Texas. Said tract being the same tract of land as described by a Deed to Ashley Nicole
Gaston, recorded in Volume 3036, page 10, Official Records of Brazos County, Texas.
Said tract being more particularly described by metes and bounds as follows:
BEGINNING at a 5/8 inch iron rod set on the northeast line of Eisenhower Street (50' ROW) marking
the west corner of said Lot 11 and the south corner of Lot 10, Block B;
THENCE N 419 25' 04" E along the common line of said Lots 10 and 11, at 2.50 feet pass a 1/2 inch
iron rod found, continue on for a total distance of 137.50 feet to a 5/8 inch iron rod set on the
southwest line of a 15.00 foot wide alley marking the common comer of said Lots 10 and 11;
THENCE S 49° 33' 35" E along the southwest line of said alley for a distance of 60.86 feet to a 518
inch iron rod set marking the east corner of this herein described tract, for reference a 1/2 inch iron
rod found bears: N 410 05' 47" E for a distance of 3.23 feet;
BRAZOS COUNTY ABSTRACT COMPANY
Alert orized Signature
COMMONWEALTH LAND TITLE INSURANCE COMPANY
SCHEDULE B
File No. 147438 (Continued) Policy No.: C60-0003262
THENCE S 410 05' 47 W through said Lot 11 and along the common line of said Gaston tract and a
called tract of land as described by a deed to Jeff G. McCoy and Martha Dee McCoy, recorded in
Volume 3481, page 1, Official Records of Brazos County, Texas, at 134.45 feet pass a 1/2 inch iron
rod found, continue on for a total distance of 137.49 feet to a 5/8 inch iron rod set on the northeast
line of Eisenhower Street marking the south comer of this herein described tract, for reference a 1
inch iron pipe found bears: S 490 33' 35" E for a distance of 115.93 feet;
THENCE N 490 33' 35" W along the northeast line of Eisenhower Street for a distance of 51.63 feet
to the POINT OF BEGINNING, containing 0.162 acres of land, more or less and being the same
property described in a Deed from Ashley Nicole Gaston to Jose L. Ponce, Sr. and Jose L. Ponce,
Jr., dated December 17, 2002, recorded in Volume 5013, page 23, Official Records of Brazos
County, Texas.
COMMONWEALTH LAND TITLE INSURANCE COMPANY
SCHEDULE B
File No. 147438 Policy No.: C60-0003262
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 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 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
2009, 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. Vendor's Lien retained in Deed dated October 22, 2008, executed by Jose L. Ponce, Sr. and
Jose L. Ponce, Jr. and wife, Ashley Ponce to 303A Properties, LLC, securing the payment of one
note of even date therewith in the principal amount of $81,600.00, payable to Compass Bank,
and said note being additionally secured by Deed of Trust and Assignment of Rents of even date
therewith to Ben Hayes Riggs, Trustee, said Deed of Trust filed for record in the Office of the
County Clerk of Brazos County, Texas, on October 23, 2008, under Clerk's File No. 1012926
and recorded in Volume 8846, page 42, Official Records of Brazos County, Texas, and being
subject to all of the terms, conditions and stipulations contained in said note and deed of trust.
COMMONWEALTH LAND TITLE INSURANCE COMPANY
SCHEDULE B
File No. 147438 (Continued) Policy No.: C60-0003262
b. Rights of Parties in Possession.
c. Easements, or claims of easements, which are not recorded in the public records.
d. 25' Building Line along the front and rear lot lines; 7.5' Building Line along side lot lines per City
Ordinance No. 1636 and as shown on survey plat prepared December 3, 2002, by Brad Kerr,
Registered Professional Land Surveyor, State of Texas, No. 4502.
e. • Those matters as depicted on survey plat prepared December 3, 2002 by Brad Kerr, Registered
Professional Land Surveyor, State of Texas, No. 4502, as follows:
1.) Discrepancies between the property lines of the subject tract and the existing fence.
2.) Service utilities and appurtenant facilities.
3.) Encroachment by wood storage building into 25' and 7.5' building lines along northeast lot
line.
f. Estate created by Oil and Gas Lease from 011ie McDonald to North Central Oil Corporation,
dated February 8, 1983, recorded in Volume 85, page 798, O&GL Records of Brazos County,
Texas. Title to this lease has not been traced subsequent to the date of the above -cited
instrument.
g. All oil, gas and other minerals in and under the herein described property, together with any
rights of ingress and egress, mining or drilling privileges heretofore reserved or conveyed by
predecessors in title. There is expressly excluded from coverage hereunder, and this Company
does not insure, title to oil, gas and other minerals of every kind and character, in, on and under
the property herein described.
h. 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 for the
payment of said mineral and/or personal property tax.
GFNo.: U125151
Examiner: Angela Bankston
Effective Date: November 14, 2012
NOTHING FURTHER CERTIFICATE
STATE OF TEXAS
COUNTY OF BRAZOS
THIS IS TO CERTIFY: That we have examined the records of the County Clerk of Brazos
County, Texas as they are reflected in the geographically indexed title plant of University Title
Company as to the following property, to -wit:
Being all of that certain tract or parcel of land, lying and being situated in College Station,
Brazos County, Texas, and being a part of Lot 11 (30.00 feet) and part of Lot 12 (20.00
feet), Block "B" of College Heights Addition, recorded in Volume 124, Page 259, Deed
Records of Brazos County, Texas, and being described as follows:
BEGINNING at a 1/2" iron rod found at the most Southerly common corner of this tract
and the Asley Gaston 0.16 acre tract (3036/10), same being in the Northeast right-of-way
line of Eisenhower Street;
THENCE N 450 00' 00" E - 137.61 feet across said Lot 11 along the common line between
this tract and said Gaston tract to a 1/2" iron rod found at the most Northerly common
corner of said tracts, same being in the Southwest line of a 15 foot alley;
THENCE S 460 45' 19" E - 49.88 feet along said alley line to a 3/8" iron rod found at the
most Northerly common corner of this tract and the William Aycock 0.21 acre tract;
THENCE S 450 20' 10" W - 137.95 feet across said Lot 12 along the common line between
this tract and said Aycock tract to a 1/2" iron rod found at the most Southerly common
corner of said tracts, same being in said Eisenhower Street line;
THENCE N 460 23' 14" W - 49.06 feet along said Eisenhower Street line to the PLACE OF
BEGINNING, and containing 0.16 acres of land, more or less.
NOTE: The Company is prohibited from insuring the area or quantity of the land
described herein. Any statement in the above legal description of the area or quantity of
land is not a representation that such area or quantity is correct, but is made only for
informational and/or identification purposes.
And that our records reflect that the following is a true and correct list of documents affecting
title to the real property described supra between the dates of October 6, 2008 and November
14, 2012:
WarrantyDeed with Vendor's Lien:
Grantor: Frank De Cock and 10mberly De Cock, husband and wife
Grantee: 303A Properties, LLC, a Texas limited liability company
Dated: October 2, 2008
Recorded: Volume 8827, Page 243, Official Records, Brazos County, Texas.
Deed of Trust to secure a Note:
Grantor: 303A Properties, LLC, a Texas limited liability company
Trustee: Ben Hayes Riggs
Beneficiary: Compass Bank, a national banking association
Amount: $84,800.00
Dated: October 2, 2008
Recorded: Volume 8827, Page 246, Official Records, Brazos County, Texas.
This certificate is issued with the express understanding, evidenced by the acceptance of same
that the undersigned does not undertake to give or express any opinion as to the validity of the
title to the property above, but is simply reporting briefly herein as to the instruments listed
above found of record pertaining to said property, and it is expressly understood and agreed that
this Certificate is neither a guaranty nor warranty of the title. By acceptance of this Certificate it
is understood that the liability of the issuer hereof is expressly limited to the actual monetary
consideration paid for same. We have not made any examination as to property taxes, tax suits,
special assessments or conflicts.
University Title Company
M
Alamo Title Insurance
POlicy NO.: TX2070.44.83577.2008.3322143-76627347
OWNER'S POLICY OF TITLE INSURANCE (T-1)
Issued by
Alamo Title Insurance
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 Condillons.
COVERED RISKS
SUB)ECfTOTf1EEXCLUSIONSFROMCOVERAGE,Tt]BEXCEPTIONS[ROMCOVERAGECONTAMMINSCHEDULE D
AND THE CONDITIONS, ALAMO TITLE, INSURANCE, a Taxes corpora ion (the "Company") insures, as of Dolo ofPolicy
And, to the extent stated in Covered Risks 9 and 10, after Data of Policy, against loss or damage, not exceeding the Amount of
Imumnw, sustained or incurred by the Insured by reason of:
I. Title being vested other than as stated in Schedule A.
2. Any dafal in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against less iiom:
(a) A defeat in the *title caused by:
(I) forgery, fraud, undue influence, damns, incompetency, incapacity or impersonation;
(ii) failure ofany person or Entity to have authorized a transferor convoyaoce;
(ill) a document affecting Title Bel 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 few;
(v) adosument executed under a falsified, expired or otherwise invalid power ofattorney;
(vi) a document not properly filed, recorded or indexed in the Publie Records including failure to perform Those acts by
electronic means authorized by law; or
(viga defective judicial or administrative proceeding.
(b) The Ran of real ¢slate loans or assessments imposed on the Title by a governments] authority due or payable, but
unpaid.
(c) Any encroachment, moumbmnce, violation, variation, or adverse ciaoms[mce affecting the Title that would be disclosed
by an accurato and complete land survey ofihe Land.
The term "encroachment" Includes encroachments ofeitlaing improvements located on the Land onto adjoining land, and
encroachments onto the Lend of existing improvements located on adjoining land.
(d) Any slemtory, or constitutional mechmio's, conlmclo's, or maleriafman's lien for labor or materials having ice inception on
or before Date o f policy.
K lackofgood and indefeasible Title.
4. No right of aceass to and from the Land.
5. The violation or enforcement of any law,ordinance,permit, or govemmentel regulation (including those relating to building and
lining) restricting, regulating, prohibiting or relating IQ:
(a) Ike occupancy, use or enjoyment ofihe Land;
(b) IM1e ehamcler, dimensiops or location of any improvenreal erected on lha Land;
(c) subdivislonefland;or
(it) 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 tie extent of Thevioladon or enforcement referred to in that notice.
6. An enfbrcemant action based on the exercise of a governmental pollee power Trot 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 Me, rights ofamlocal domain if a notice of The exerelse, describing any part of the Land, is recorded in the Public
Records.
8. Any loking by a governmental body that has occurred and is binding on the rights ofa purchaser for value without Knowledge.
9. Title being vested other then as slated in Schedule A or being delhetive:
(a) as a result ofthc avoidance in whole or in pan, or from a nun order providing an alternative remedy, ofa transfer ofall or
my pad of the Title to or any Interest In the Land occurring prior to the transaction veining Title as shown In Schedule A
because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, slow insolvency or
3AN0(4ron
O Is Policy of lhle Iarma,ae (nI ) a5l(Mma)
TEXAS OWNER'S POLICY OF TITLE INSURANCE
COVER SHEET
TP typed: October 20, 2008
POLICY NUMBER: 3322143 - 76627347
GF NO. 00083577
Issued simultaneous with Policy No.: 3322243-76627352
COUNTY CODE: 041 POLICY DATE: October 6, 2008
PROPERTY CODE: R LIABILITY AMOUNT: $106,000.00
TOTALPREMIUM: $875.00
POLICY CODE(S):
1200 S $75.80
S
a
s
S
TOTAL S S 875.00
University Title Company Alamo Title Insurance
Tl - Texas Owner's Policy of Title Insurance
OWNER'S POLICY OF TITLE INSURANCE (T-1)
Issued by
Alamo Title loss rance
Any reticent claim and any other notice or statement In writing required to be given the Company under this
Policy must he given to the Company al the address shown In Section 18 of the Conditions.
SMEDULE A
Name mud Address orTide Insurance Company
Alamo Title Insurance
1945 Waloul FDiI Lane
Irving, TX 75038
File No, 00083577 PolicyNo.: 3322143.76627347
Issued simultaneous with PolicyNo.: 33227.43-76627352
Address Reference: 413 Eisenhower, College Station, TX 17840
AmounloflmurmKe: $106,000.00 Premiums: $875.00
Data of Policy: October 6, 2008 at 2:11 P.M,
1. Name of huured:
303A Properties, LLC, a Texas limited liability company
2. The estate or interest In the Land that is encumbered by the Insured Mortgage Is: Fee Simple
3. Title is Insured as vested in:
303A Properties, LLC, a Texas limited liability company
4. The land referred to indds policy is described as follows:
Sea Exhibit A attached hereto and made apart hereof.
University Title Company Alamo Title Insurance
TI -Texas Owner's Polley of Title Insurance
•
Exblbtt A
Being all of that certain tract or parcel of land, lying and being situated In College Stollen, Braves County, Texas, and
being a part of Lot 11 (30.00 feet) and part of Lot 12 (20.00 feeq, Block "B" of College Heights Addition, recorded In
Volume 114, Page 259, Deed Records of Brazes County, Texas, and being described as followst
BEGINNING at a 1/2" iron rod found at the most southerly common comer of this tract and the Asley Gulon 0.16 acre
tract (3036/10), samo being to the northeast right-of-way line of Eisenhower Street;
THENCE N 45' 00' 00" E-137.61 feet across said Lot 11 along the common line between this tract and sold Gaston tract
to a 1/2" iron rod found at the meet northerly common corner ofsaid tracts, same being in she southwest line of 15 foot
alley;
THENCE S 46. 45' 19" E - 49.88 feet along said alley line to a 318" Iron rod found at the most northerly common comer
of this tract and the William Aycock 0.21 acre tract;
THENCE S 45. 20' 10" W-137.95 feet across sold Lot 12 along the common line between this tract and said Aycock tract
to a 1/2" Iron rod found at the most southerly common comer of said tracts, same being in said Eisenhower Street line;
THENCE N 4$ 23' 14" W - 49.06 feet along said Eisenhower Street line to the PLACE OF BEGINNING, and containing
0.16 acres errand, more or teas.
NOTE; The Company Is prohibited from Insuring the area or quantity of the land described herein. Any statement in the
above legal description of the area or quantity or land Is not a representation that such area or quantity Is correct, but Is
mode only for informallonal and/or identification purposes and does not override Item 2 of Schedule B berroL
SCHEDULEU
Pile No.: 00083577 Policy No: 3322143 - 76627347
EXCEPTIONS FROM COVERAGE
This policy does not insure agatnst 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 lames and easements, if coy, shown in
Schedule A, and the following nuarmsu
L The following restrictive covenants of record itemized below (the Company must either Insert
specific recording data or delete this exception):
Item No. 1, Schedule B, Is hereby deleted.
2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments or
protrusions, or any overlapping of improvements.
3. Homestead or communityproperty orsurvivorship rights, if my, of any spou Ise ofanylnsured.
4. Any tales or rights asserted by anyono, including but not Mailed to, persons, the public,
correlations, governments or other entitles,
a. to Iidelands, or lands comprising the shores or beds of navigable or perennial rivers and
streams, takes, bays, gulfs or oceans, Or
b. to lands beyond the line afthohmbor 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
a. to the area extending from the line of mean low tide to the line of vegetation, or the right
ofaccars to that area or easement along end across that mee.
5. Standby fees, taxes and assessments by any taxing authority for the you 2008, and subsequent
years; and subsequent taxes and assessments by any lazing authority far prior years due 10 change
in land usage or ownership, but not those taxes or assessments fbr prior years because of an
exemption granted to a previous owner of the property under Section 11.13, Texas Tax Cade, or
because of improvements not assessed for a previous tax yen.
6. The following matters end all terms of the documents clearing or offering evidence of the matters
(the Company must insert matters or delete this exception):
a. Vendor's Lien retained in Deed:
Grantor:
Frank De Cock and Kimberly De Cock, husband and wife
Grantee:
303A Properties, LLC, a Texas limited liability company
Dated:
Ociobcr2,2008
Recorded:
October 6, 2008, volume 8827, Page 243, Official Records, Brazos County,
Texas.
Additionally secured by Deed of Trust and Assignment of Renls:
Oriental: 303A Properties, LLC, a Texas If Failed liability company
Trustee: Ben Hayes Riggs
Amount: 584,800.00
Beneliciary: Compass Bank, a national banking association
Dated: October 2, 2008
Recorded: October 6, 2008, Volume 8827, Page 246. Official Records, Brazos County,
Tom,
b. Rights of Partial in Possession.
c. 25' building Hoe on the southwest side; 7.5' building line on the northeast, northwest and
southeast aid"; as shown an survey prepared on May 10, 1999, under the supervision of
Donald D. Ourreit, RP.L.S. 42972.
University Title Company Alamo Title insurance
TI -Taxes Omer's Policy ofT7tie Insurance -
0 •
SCNEDULEB
File No.: 00093517 Policy No: 3322143 - 76627347
d, Any Claim or right of adjoining property owners) to that strip of land lying between the
fence and the boundary line on the northweel side of the property, as shown on survey
prepared on May 10, 1999, wider the supervision of Donald D. Garrett, R.P.L.S. #2972.
e. Encroachment Ofexisling portablo wood building into the 7.4.buildiag line on the northwest
side of the property, as shown on survey prepared on May 10, 199%under the supervision of
Donald D. Garrett, R.P.L.S. #2972.
University Tide Company
By: i l . < !tom
Authorlaad Countersignature
0
IMPORTANT NOTICE
To obtain Information or make a complaint
AVISO IMPORTANTE
Para obtaner Information' o Para scmetar Una
queja:
You may mil Alamo Tive Insurance's toll-frea' Usted puede Ilamaf at numero do Wall=
leiephdna number for lnfcirmadon or to make a gmgs do Seguros do Tftulo do Alamo pars
complaint at • Infomraclon o pard someter una queja at.
190D•292-020 or
189D41154-7041
You may also virile to Alamo Tlge Insuranm
at . .
10o10 San Pedro, Suite 630
Ban Antonio; Texas 78216
You may contact the Texas Department of
Insurance to obtain Information on companies,
coverages, rights or complaints at
1-80D-252-3439
You may write the Texas Department of
Insurance:
P.D. Box 1491o4
Austin, TX 78714-9104
Fax: (512) 475-i771
Web: hha'fhvww ldl state bcus
E-mail: CohsumerPmte2il2n(dddi:state.ix us
PREMIUM OR CLAIM DISPUTES:
Should You have a dispute concerning your
premium or about a claim you should contact
the company arsL If the dispute Is not
resolved, you may contact the Texas
Deparment of Insurance.
ATTACH THIS NOTICE TO YOUR POLICY:
This no0co is for Information only and does act
become a pad or condition of the attached
document
1-800-292B72o or
1-800-064-7041
Usted tamblen puede ascriblr a Sagums de
Titulo de Alamo
ionic San Pedro, Suite 830
San Antonio, Texas 7821s
Puedd comunlcarse con at Depadamento de
Seguros de Texas Pam obtener Information
acerca de companies, cobeduras, derachos o
quejasal:
1-800452-3439
Puede ascribir al Departamento do Segums de
Texas:
P.D. Sox1401o4
Austin, TX 78714-91 D4
Fax(5121475-1771
Web: h0o m.tdi stateticus
Email: ConsumerPm(ectionRldi slate tx us
DISPUTAS SUBRE PRIMAS O RECLAMOS:
Si gene una dispula concemiente a su prima o
a on mciamo, debe 'comunicarse con at la
compenla) pdmem: Bi no se resuaive to
dispula, puede entonces comunIcame can at
deparmmento (TDI).
UNA ESTE AVISO A SU POLIZA: Esto m4so
as solo pans propostln de Information y no se
convlede on parse o condialon del documento
adjuntu. '
Texas Form 5-0023-07Important Notice