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Home My WebLink AboutTitle ReportCOMMITMENT FOR TITLE INSURANCE Issued By WFG National Title Insurance Company SCHEDULE A Effective Date: July 30, 2013, 8:00 am GF No. BC1300771 Commitment issued July31,2013, 1. The policy or policies to be issued are: (a) OWNERS POLICY OF TITLE INSURANCE (Form T-1) (Not applicable for improved one -to -four family residential real estate) Policy Amount: PROPOSED INSURED: (b) TEXAS RESIDENTIAL OWNERS POLICY OF TITLE INSURANCE - ONE -TO -FOUR FAMILY RESIDENCES (Form T-1 R) Policy Amount: $265,000.00 PROPOSED INSURED: Donald Keith Sewell (c) LOAN POLICY OF TITLE INSURANCE (Form T-2) Policy Amount: $284,000.00 PROPOSED INSURED: Citizens Bank Proposed Borrower: Donald Keith Sewell (d) TEXAS SHORT FORM RESIDENTIAL LOAN POLICY OF TITLE INSURANCE (Form T-2R) Policy Amount: PROPOSED INSURED: Proposed Borrower: (e) LOAN TITLE POLICY BINDER ON INTERIM CONSTRUCTION LOAN (Form T-13) Binder Amount: PROPOSED INSURED: Proposed Borrower: (t) OTHER Policy Amount: PROPOSED INSURED: 2. The interest in the land covered by this Commitment is: Fee Simple 3. Record title to the land on the Effective Date appears to be vested in: Delucia Re Investments, LLC 4. Legal description of the land: Being all thse certain lots, tracts or parcels of land lying and being situated in Brazos County, Texas and being Lot Nine (9) and the Seven Feet (T) of Lot Eight (8) adjoining Lot Nine (9), Block Six (6), WEST PARK ADDITION, an addition to the City of College Station, Texas, according to plat recorded in Volume 102, page 198, Official Records of Brazos County, Texas. FORMT-7: Commitment for Title Insurance Page 1 GF# BC1300771 COMMITMENT FOR TITLE INSURANCE Issued By WFG National Title Insurance Company SCHEDULE B EXCEPTIONS FROM COVERAGE In addition to the Exclusions and Conditions and Stipulations, your Policy will not cover loss, costs, attorneys' fees, and expenses resulting from: 1. The following restrictive covenants of record itemized below (We must either insert specific recording data or delete this exception): Terms, provisions, covenants, conditions, and restrictions, easements, charges, assessments and liens provided in the Covenants, Conditions and Restrictions recorded in Volume 102, page 613 and Volume 266, page 505, Deed Records of Brazos County, Texas, but omitting any covenant, condition or restrictions, if any, based on race, color, religion, sex, handicap, familial status or national origin unless and only to the extent that the covenant, condition or restrictions (a) is exempt under Title 42 of the United States Code, or (b) related to handicap, but does not discriminate against handicapped persons. 2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments or protrusions, or any overlapping of improvements. 3. Homestead or community property or survivorship rights, if any, of any spouse of any insured. (Applies to the Owner's Policy only.) 4. Any titles or rights asserted by anyone, including, but not limited to, persons, the public, corporations, governments or other entities, a. to tidelands, or lands comprising the shores or beds of navigable or perennial rivers and streams, lakes, bays, gulfs or oceans, or b. to lands beyond the line of harbor or bulkhead lines as established or changed by any government, or C. to filled -in lands, or artificial islands, or d. to statutory water rights, including riparian rights, or e. to the area extending from the line of mean low tide to the line of vegetation, or the rights of access to that area or easement along and across that area. (Applies to the Owner's Policy only.) 5. Standby fees, taxes and assessments by any taxing authority for the year 2013, and subsequent years; and subsequent taxes and assessments by any taxing authority for prior years due to change in land usage or ownership, but not those taxes or assessments for prior years because of an exemption granted to a previous owner of the property under Section 11.13, Texas Tax Code, or because of improvements not assessed for a previous tax year. (If Texas Short Form Residential Loan Policy (T-211) is issued, that policy will substitute "which become due and payable subsequent to Date of Policy" in lieu of "for the year 2013 and subsequent years.") 6. The terms and conditions of the documents creating your interest in the land. 7. Materials furnished or labor performed in connection with planned construction before signing and delivering the lien document described in Schedule A, if the land is part of the homestead of the owner. (Applies to the Loan Title Policy Binder on Interim Construction Loan only, and may be deleted if satisfactory evidence is furnished to us before a binder is issued.) FORM T-7: Commitment for Title Insurance Page 2 Continuation of Schedule B GFNo. BC1300771 8. Liens and leases that affect the title to the land, but that are subordinate to the lien of the insured mortgage. (Applies to Loan Policy (T-2) only.) 9. The Exceptions from Coverage and Express Insurance in Schedule B of the Texas Short Form Residential Loan Policy (T- 2R). (Applies to Texas Short Form Residential Loan Policy (T-2R) only. Separate exceptions 1 through 8 of this Schedule B do not apply to the Texas Short Form Residential Loan Policy (T-2R). 10. The following matters and all terms of the documents creating or offering evidence of the matters (We must insert matters or delete this exception.): a. Rights of Parties in possession. (Owner's Policy Only) b. Easements, or claims of easements, which are not recorded in the public records. (Owner's Policy Only) C. Easements as shown on record on plat of West Park Addition, recorded in Volume 102, page 198, Deed Records of Brazos County, Texas, 25' Building Line along front lot line, 20' Building Line along rear lot fine and 7.5' Building Line along side lot lines as per City Ordinance and all as shown on survey plat prepared July 1, 2013 by Adam C. Wallace, Registered Professional Land Surveyor, State of Texas, No. 6132. d. Pending disbursement of full proceeds of the loan secured by the lien instrument set forth under Schedule A hereof, this policy insures only to the extent of the amount actually disbursed, but increases as each disbursement is made in good faith and without knowledge of any defects in, or objections to, the title up to the face amount of the policy. Nothing contained in this paragraph shall be construed as limiting any exception under Schedule B, or any printed provision of this policy. (Loan Policy only) e. Any and all liens arising by reason of unpaid bills or claims for work performed or materials furnished in connection with improvements placed, or to be placed, upon the subject land. However, the Company does insure the Insured against loss, if any, sustained by the Insured under this policy if such liens have been filed with the County Clerk of Brazos County, Texas, prior to the date hereof. f. Liability hereunder at the date hereof is limited to S . Liability shall increase as contemplated improvements are made, so that any loss payable hereunder shall be limited to said sum plus the amount actually expended by the Insured in improvements at the time the loss occurs. Any expenditures made for improvements, subsequent to the date of this policy, will be deemed made as of the date of this policy. In no event shall the liability of the Company hereunder exceed the face amount of this policy. Nothing contained in this paragraph shall be construed as limiting any exception or any printed provision of this policy. g. 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 interests that are not listed. It. 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. NOTE: FOR INFORMATION ONLY: Lender's File/Loan/Reference Number is To Be Determined. NOTE: If requested in closing instructions and upon compliance of endorsement requirements, a T-17 and/or T-19 Endorsement will be attached to Loan Title Policy. FORM T-7: Commitment for Title Insurance Page 3 COMMITMENT FOR TITLE INSURANCE Issued By WFG National Title Insurance Company SCHEDULE A Effective Date: July 12, 2013, 8:00 am GFNo. BC1300583 Commitmentissued July 15, 2013, 1. The policy or policies to be issued are: (a) OWNER'S POLICY OF TITLE INSURANCE (Form T-1) (Not applicable for improved one -to -four family residential real estate) Policy Amount: PROPOSED INSURED: (b) TEXAS RESIDENTIAL OWNER'S POLICY OF TITLE INSURANCE - ONE -TO -FOUR FAMILY RESIDENCES (Form T-1R) Policy Amount: PROPOSED INSURED: (c) LOAN POLICY OF TITLE INSURANCE (Form T-2) Policy Amount: $284,000.00 PROPOSED INSURED: Citizen Bank Proposed Borrower: Donald Keith Sewell (d) TEXAS SHORT FORM RESIDENTIAL LOAN POLICY OF TITLE INSURANCE (Form T-211) Policy Amount: PROPOSED INSURED: Proposed Borrower: (e) LOAN TITLE POLICY BINDER ON INTERIM CONSTRUCTION LOAN (Form T-13) Binder Amount: PROPOSED INSURED: Proposed Borrower: (f) OTHER Policy Amount: PROPOSED INSURED: 2. The interest in the land covered by this Commitment is: Fee Simple 3. Record title to the land on the Effective Date appears to be vested in: DELUCIA RE INVESTMENTS, LLC 4. Legal description of the land: Being all that certain lot, tract or parcel of land lying and being situated in Brazos County, Texas and being Ten (10), Block Six (6), WEST PARK ADDITION, an addition in the City of College Station, Texas, according to plat recorded in Volume 102, page 198, Deed Records of Brazos County, Texas. FORM T-7: Commitment for Title Insurance Page I GF# BC1300583 COMMITMENT FOR TITLE INSURANCE Issued By WFG National Title Insurance Company SCHEDULE B EXCEPTIONS FROM COVERAGE In addition to the Exclusions and Conditions and Stipulations, your Policy will not cover loss, costs, attorneys' fees, and expenses resulting from The following restrictive covenants of record itemized below (We must either insert specific recording data or delete this exception): Terms, provisions, covenants, conditions, and restrictions, easements, charges, assessments and liens provided in the Covenants, Conditions and Restrictions recorded in Volume 102, page 613 and Volume 266, page 505, Deed Records of Brazos County, Texas, but omitting any covenant, condition or restrictions, if any, based on race, color, religion, sex, handicap, familial status or national origin unless and only to the extent that the covenant, condition or restrictions (a) is exempt under Title 42 of the United States Code, or (b) related to handicap, but does not discriminate against handicapped persons. 2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments or protrusions, or any overlapping ofimprovements. 3. Homestead or community property or survivorship rights, if any, of any spouse of any insured. (Applies to the Owner's Policy only.) 4. Any titles or rights asserted by anyone, including, but not limited to, persons, the public, corporations, governments or other entities, a. to tidelands, or lands comprising the shores or beds of navigable or perennial rivers and streams, lakes, bays, gulfs or oceans, or b. to lands beyond the line of harbor or bulkhead lines as established or changed by any government, or C. to filled -in lands, or artificial islands, or d. to statutory water rights, including riparian rights, or e. to the area extending from the line of mean low tide to the line of vegetation, or the rights of access to that area or easement along and across that area. (Applies to the Owner's Policy only.) 5. Standby fees, taxes and assessments by any taxing authority for the year 2013, 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 Tag Code, or because of improvements not assessed for a previous tax year. (If Texas Short Form Residential Loan Policy (T-2R) is issued, that policy will substitute "which become due and payable subsequent to Date of Policy" in lieu of "for the year 2013 and subsequent years.") 6. The terms and conditions of the documents creating your interest in the land. Materials famished or labor performed in connection with planned construction before signing and delivering the lien document described in Schedule A, if the land is part of the homestead of the owner. (Applies to the Loan Title Policy Binder on Interim Construction Loan only, and may be deleted if satisfactory evidence is famished to us before a binder is issued.) FORM T-7: Commitment for Title Insurance Page 2 Continuation of Schedule B GFNo. BC1300583 8. Liens and leases that affect the title to the land, but that are subordinate to the lien of the insured mortgage. (Applies to Loan Policy (T-2) only.) 9. The Exceptions from Coverage and Express Insurance in Schedule B of the Texas Short Form Residential Loan Policy (T- 2R). (Applies to Texas Short Form Residential Loan Policy (T-2R) only. Separate exceptions I through 8 of this Schedule B do not apply to the Texas Short Form Residential Loan Policy (T-2R). 10. The following matters and all terms of the documents creating or offering evidence of the matters (We must insert matters or delete this exception.): a. Any and all liens arising by reason of unpaid bills or claims for work performed or materials furnished in connection with improvements placed, or to be placed, upon the subject land. However, the Company does insure the Insured against loss, if any, sustained by the Insured under this policy if such bens have been filed with the County Clerk of Brazos County, Texas, prior to the date hereoL b. Pending disbursement of full proceeds of the loan secured by the lien instrument set forth under Schedule A hereof, this policy insures only to the extent of the amount actually disbursed, but increases as each disbursement is made in good faith and without knowledge of any defects in, or objections to, the title up to the face amount of the policy. Nothing contained in this paragraph shall be construed as limiting any exception under Schedule B, or any printed provision of this policy. (Loan Policy only) C. 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 interests that are not listed. d. 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. FORM T-7: Commitment for Title Insurance Page 3 Du_t_ Ot M= I UMN I V. 01166266 OR 11539 ' 52 BRAZOS CCaNTY ABSTRACT COMP GF# 6 G 1506-77 f m 12- NOTICE OF CONFIDENTIALITY RIGHTS: "IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIAE ANY OR ALL OF TEE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVERS LICENSE NUMBER."_ ' WARRANTY DEED WITH VENDOR'S LIEN Date: AUGUSTtr ,2013 Grantor. Grantor's Mailing Address: Grantee: Grantee's Mailing Address: DELUCIA RE INVESTMENTS, LLC 4607 MIDSUMMER LANE COLLEGE STATION, TEXAS 77945 DONALD KEITH SEWELL 1113 LANGFORD STREET COLLEGE STATION, TEXAS 77840 Consideration: TEN AND NO1100 DOLLARS ($10.00) and a Noic of even date herewith in the principal amount of TWO HUNDRED EIGHTY FOUR THOUSAND AND NO1100 DOLLARS ($284,000.00), said Note being secured by a Vendors Lien retained in this Deed and by Deed of Trust of even date herewith to DONALD R. BARBER, TRUSTEE, for dw benefit of CITIZEN BANK. Property (including improvements): (208 GROVE STREET, COLLEGE STATION, BRAZOS COUNTY, TEXAS 77840,) BEING ALL THSE CERTAIN LOTS, TRACTS OR PARCELS OF LAND LYING AND BEING SITUATED IN BRAZOS COUNTY, TEXAS AND BEING LOT NINE (9) AND THE SEVEN FEET (T) OF LOT EIGHT (8) ADJOINING LOT NINE (9), BLOCK SIX (6), WEST PARK ADDITION, AN ADDITION TO THE CITY OF COLLEGE STATION, TEXAS, ACCORDING TO PLAT RECORDED IN VOLUME 102, PAGE 198, OFFICIAL RECORDS OF BRAZOS COUNTY,TEXAS. Reservations from and Exceptions to Conveyance and Warranty: This conveyance is made and accepted subject to any and all covenants, conditions, restrictions, casements, right-of-way, mineral or royally reservations and/or conveyances, and mineral leases, if any, in Grantors chain of title, applicable to and enforceable against the above described property, to the extent, and only to the extent, that the same may still be in force and effect, shown of record in the office of dtc County Clerk of BRAZOS County, Texas, including, but not limited to the following: 1. Restrictive Covenants appearing of record in Volume 102, page 613 and Volume 266, page 505, Deed Records of Brazos County, Texas. 2. Easements as shown on record on plat of West Park Addition, recorded in Volume 102, page 198, Deed Records of Brazos County, Texas, 25' Building Line along front lot line, 20' Building Line along rear lot line and 7.5' Building Line along side lot lines as per City Ordinance and all as shown on survey plat prepared July 1, 2013 by Adam C. Wallace, Registered Professional Land Surveyor. State of Texas, No. 6132. Grantor, for the consideration and subject to the reservations from and exceptions to conveyance and warranty, grants, sells, and conveys to Grantee the property, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and hold it to Grantee, Grantee's heirs, executors, administrators, successors, or assigns forever. Grantor binds Grantor and Grantor's heirs, executors, administrators, and successors to warrant and forever defend all and singular lx: property to Grantee and Grantees heirs, executors, administrators, successors, and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the reservations from and r'\REAL ESTATE\2-1 Tp4N MONS\M6E 2W GROVE -NIUCW 4]rn MnhWAM-=GROVE Pal,:y r 0116Doc Hk Vol Fs OR 11539 53 exceptions to warranty The Vendor's Lien against and superior title to the property are retained until each Note described is fully paid according to its terms, at which time this Deed shall become absolute. CITIZEN BANK, at Grantee's request, has paid in cash to Grantor that portion of the purchase price of the property that is evidenced by the Note described. The Vendor's Lien and superior title to the property are retained for the benefit of CITIZEN BANK, and are transferred to that party without recourse on Grantor. Ad valorem taxes for the current year have been prorated and paid as of the date of delivery of this Deed, and Grantee by acceptance hereof, covenants and agrees to pay all ad valorem taxes upon the property from and including taxes for the year2013. When the context requires, singular nouns and pronouns include the plural DELUCIA RE INVESTMENTS, LLC, A Texas Limited Liability Company BY: �WF t'� r THE STATE OF TEXAS COUNTY OF BRAZOS This instrument was acknowledged before: me on the ` - day of AUGUST, 2013, by KENNETH SCOTT DELUCIA, MANAGING MEMBER of DELUCIA RE INVESTMENTS, LLC, a Texas limited liability company, on behalf of said Limited Liability Company, in die capacity therein stated. COLLEENILWAUM H� Pu�C, � atTem MYOomnspon� O MAFtCH21,20% J. FRED BAYLLSS, P. C 3000 BMRCRESr DRIVE, SUM 302 BRYM, TEXAS T7902 SC1300771 YARM ESTATEV 1 TRRNSI MSVW&2M GROVE -O Jl Ja%Ime, nL\IWO -=GROVE ARY PUBLIC, STATE OF TEXAS O (O G 6 f1 Q iD S (1 nsmvm _ n a 'T a G D eai-+ ? W ~ � c^a C L Par,2d1 2 O IJ, P N tilI66260 oR IIS39 Ps 1 CITIZEN BANK, and are transferred to that party without recourse on Grantor. Ad valorem taxes for the current year have been prorated and paid as of the date of delivery of this Deed, and Grantee by acceptance hereof, covenants and agrees to pay all ad valorem taxes upon the property from and including taxes for the year2013. When the context requires, singular nouns and pronouns include the plural. DELUCIA RE INVESTMENTS, LLC, A Texas Limited Liability Company BY: KENNETH SCOTT DELUCIA, MANAGING MEMBER THE STATE OF TEXAS COUNTY OFBRAZOS § This instrument was acknowled_ed before me on the --L day of AUGUST, 2013, by KENNETH SCOTT DELUCIA, MANAGING MEMBER of DELUCIA RE INVESTMENTS, LLC, a Texas limited liability company, on behalf of said Limited Liability Company, in the capacity therein stated. E COLLEEN M.NIALLER N0WyPubte,StaMDlTam �yEyrARY PUBLIC, STATE OF TEXAS My Conrtiavan F�Yas MARCH21,2014 PREPARED IN THE CAW OFHICE OF: 1. FRED BAWSS. P. C 3000 eRWiCRESrDRNE, SLATE 3DZ BRYAN, TDXAS 778M SC1300M VI x P c s N N 3 m C u N m N J W N to N 1[ N n � r O O W T O C f) 7 ,c Y �,RE4t ESTATE\Ll TRANSACfi0N5t206 a RIB GROVE-De1u[u R, nves,mem,\WDVI-306G0.buE s e o m � c u ram R a C CY S = ImC � l Q VI7 RiN R C a + O 41 O P N S �- N o a F4.2.12