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2. Restrictive covenants affecting the property above described. ~):
3. Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments, or any overlapping of ~.'~.;~.'\:~
improvements which a correct survey would show. . ::':l
4. Taxes for the year 1966 and subsequent years. ~. :'
g' Rights of parties in possession. ~::i
. Subject to an! and all outstanding mineral and/or roy~lty interest and Oil and ~~,
Gas. Leases as, such lnterest and leases may be reflected by lnstruments record'ed in th::.:.:l::~
offlce of the County Cl E:rk of Brazos ,County ,Texa'$. , ,', . It:":
/.SUI)Ject to any ,roadway or easemen~s ana/or Rlgh~-of-Wa~s,that ma~ eXlst on the ~~~::
on the ground and may be reflected by lnstruments recorded 1 n the offlce of the Count X:;
Cl~~d~ g~,b'~~fo~ocg~~t~&a~~~Sor, easement,_s';rnilar. or Q1, ssimilar,on,und~r..over or acros '~,'",',
sal p~op~rty,or any part t~ereOf and nOt o!record 1n the records whlcn are legally ;~
prescrlbed for the recordatlon thereof and lmoart constr:uctive nOj-ice as t~ reat est- >"~,Ii
Said Company shall not be ,liable In a greater amount tlian a~tual mone~ary loss of assured; ana in-no ~V"en't "Baa'll sma a ~~~: <
Company be liable for more than THIRTY THOUSAND AND NO/100 ($30,000.00) - _ _ _ _ _ _ Dollars, ::.{:1
and shall, at its own cost, defend said assured in every suit or proceeding on any cla.Jm against or right to said land, or any part ~,,;
thereof, adverse to the title hereby guaranteed, provided the party or parties entitred to such defense shall, within a reasonable t~.....:
time after the commencement of such suit or proceeding and In ample time for defense therein, give said Company written notice (;;:i~
of the pendency of the sUi,t or proceeding, and authority to de, fend, and said compan,y shall not be liable until such adverse Inter- ~:~:;,~
est, claim, or right shall have been held valid by a court of last resort to 'which either litigant may apply, and if such adverse \\,,1,
Interest,claim, or right so established shall be for less than the whole of the property, then the liability of the Company shall ;~f: ,:',
be only such part of the whole liability limited above as shall bear the same ratio to the whole liability that the adverse interest, '>::?
claim, or right established may bear to the whole property, such ratio to be based on respective values determinable as of the date ::':,~~J
of this policy. In the absence of no~ice as aforesaid, the, Company is relieved from all liability with respect to such claim or demand: N~t~:
provided, howe,ver, that failure to notify shall not prejudice the claim of the assured, If such assured shall not be a party to such y:,.'
action or procedure, nor be served with process therein, nor haVe any knowledge thereof, nor in any case, unless the Company t::\'
shall be actually pl'ejudlced by such faUure., " ':;j'
partle~pon payment of any loss hereunder, the Company shall be entitled to be subrogated to all rights of, assured against all other ~~i;~
Upon the sale of the property covered hereby, this polley automatically thereupon shall become a warrantor's policy and the ~j):;
assured, his heirs, eJeecutors and administrators, shall for a period of twenty-five years from date hereof remain fully protected r;~:~
according to the terms hereof, by reason of the payment of any loss he or they may sustain on account of any warranty contained :..:<~
in the deed executed by assured conveying said property. The Company to be liable under said warranty only by reason of defects, %\:,'"
liens or encumbrances existing ptlor to or at the date hereof (and not excepted above) such liability not to exceed the amount above ~~~j/