HomeMy WebLinkAbout09-00500136- 00073810TEXAS COMMITMENT FOR TITLE INSURANCE
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SCHEDULE A
Effective Date: May 13, 2009 at 3:00 a.m.
Commitment issued May 27, 2009, 8:00 a.m.
1. The policy or policies to be issued are:
(a) OWNER POLICY OF TITLE INSURANCE (Form T-1)
(Not applicable for improved one-to-four family residential real estate)
Policy Amount: S
PROPOSED INSURED:
GF No. 00092493
(b) TEXAS RESIDENTIAL OWNER POLICY OF TITLE INSURANCE
- ONE-TO-DOUR FAMILY RESIDENCES (Porn T-IR)
Policy Amount: S
SED INSURED:
(c) MORTGAGEE POLICY OF TITLE INSURANCE (FORM T-2)
Policy Amount: S
PROPOSM INSURED:
Proposed Borrower:
(d) TEXAS SHORT FORM RESIDENTIAL MORTGAGEE POLICY OF TITLE INSURANCE (Form T-2R)
Policy Amount: $
PROPOSED INSURED:
Proposed Borrower:
(e) MORTGAGEE TITLE POLICY 13MER ON INTERIM CONSTRUCTION LOAN (Form T-I3)
Binder Amount: S
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:
Naacy Elizabeth McAfee Adams
University Title Company
Texas Commitment (Rev. 1-1-93) - Schedule A
Alamo Title Insurance
Valid Only if Schedule B and C, and Cova are wached
11112
SCHEDULE A - continued
OF No. OOM483
4. Legal description of land:
Cots Three (3) aad Four (4), Block Three (3), College Park, City of College Station, according to plat thereof
recorded in Volume 38, page 602 of the Deed Records of Brazos County, Texas.
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SCHEDULE B
GF No. 00092483
EXCEPTIONS FROM COVERAGE
In addition to the Exclusions and Conditions and Stipulations, your Policy will not cover loss, costs, attorney's 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):
Volume 64, Page 77; Volume 111, Page 185 and Volume 106, Page 234, Deed Records, Brazos County, Texas,
but deleting any covenants, conditions or restrictions indicating a preference, limitation or discrimination based on
race, color, religion, sex, handicap, familial status, or national origin unless and only to the extent that said covenant
(a) is exempt under Chapter 42, Section3607 of the United States Code or (b) relates 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
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 the harbor or bulkhead lines as established or changed by any government, or
c. to filled-in lands, or artificial islands, at
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 Policy only.)
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 Tex Code, or because of improvements not assessed 'for a previous tax year. (If Texas Short
Form Residential Mortgagee 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 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 Mortgagee
Title Policy Binder on Interim Construction Loan only, and may be deleted if satisfactory evidence is furnished to us
before a binder is issued.)
8. Liens and leases that affect the title to the land, but that are subordinate to the lien of the insured mortgage.(Appiies
to Mortgagee Policy T-2 only.)
University Title Company
Alamo Title Insurance
Tcxas Commimxnt (Rev. 1-1-93) - Schedule B Valid 0* if Schedule A and C, and Cover are attached
IA06
SCHEDULE B - continued
GF No. 00092483
9. The Exceptions from Coverage and Express Insurance in Schedule B of the Texas Short Form Residential
Mortgagee Policy (T-2R). (Applies to Texas Short Form Residential Mortgagee Policy (T-2R) only. Separate
exceptions 1 through S of this Schedule B do not apply to the Texas Shott Form Residential Mortgagee Policy (T-
2 K).
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 POLICY ONLY)
b. Visible and apparent easements.
c. Portion of the property within any roadway.
d. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting title that would be
disclosed by an accurate and complete land survey of the land.
e. Building Lines per deed recorded in Volume 106, Page 234 of the Deed Records of Brazos County, Texas.
E Blanket Easement.
From: Southside Development Company, Inc.
To. Community Natural Gas Company
Dated: January 19,1928
Recorded: Volume 71, Page 497, [feed Records, Brazos County, Texas.
g. Oil and Gas Cease, and all terms, conditions and stipulations therein;
Lessor: Mrs. T. E. McAfee, a widow
Lessee: Robin Investments, Inc.
Dated: February 2, 1984
Recorded: Volume 650, Page 14, Official Records, Brazos County, Texas. Title to said interest has not been
investigated subsequent to the date of the aforesaid insn,mment.
,1if0
SCHEDULE C
GF No. 00092483
Your policy will not cover loss, costs, attorney's fees, and expenses resulting from the following requirements that will appear
as Exceptions in Schedule B of the Policy, unless you dispose of these matters to our satisfaction, before the date the Policy is
issued:
1. Documents creating your title or interest must be approved by us and must be signed, notarized and filed for record.
2. Satisfactory evidence must be provided that:
no person occupying the land claims any interest in that land against the persons named in paragraph 3 of
Schedule A,
all standby fees, taxes, assessments and charges against the property have been paid,
- all improvements or repairs to the property are completed and accepted by the owner, and that all
contractors, sub-contractors, laborers and suppliers have been billy paid, and that no mechanic's, taborets
or materWmen s liens have attached to the property,
- there is legal right of access to and from the land,
(on it Mortgagee Policy only) restrictions have not been and will not be violated that affect the validity and
priority of the insured mortgage.
3. You must pay the seller or borrower the agreod amount for your property or interest.
4. Any defect, lien or other ]natter that may affect title to the land or baerest insured, that arises or is filed after the
efective date of this Commitment.
5. Item No. 2 of Schedule B hereof shall be amended to read "shortages in area", upon our receipt of an acceptable
survey. (As to Mortgagee Policy only)
6. Item No. 5 of Schedule B hereof shall be amended to read "standby fees, taxes and assessments by any taxing
authority for the year 2009 and subsequent years, 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, Taxers Tmr Code, or because of
improvements not assessed for a previous tax year.", upon payment of applicable premium. (As to Mortgagee Policy
T-2 Only) (If Texas Short Form Residential Mortgagee 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 and subsequent years.")
7. If requested in lenders closing instructions and all of our underwriting requirements am satisfied, we will issue the
T17 tit T19 Endorsements, upon payment of any applicable premiums. (As to Mortgagee Policy Only)
8. We will require an Affidavit as to Debts and Liens be signed and the original provided to us prior to issuance of any
title policies.
9. We will require a Waiver of Inspection (Rights of Parties in Possession) be signed by the Purchaser and the original
provided to us prior to issuance of any title policies.
10. We will require an original Tax Certificate be provided, showing all taxes paid current, prior to issuance of any title
policies. (If this transaction is not closing In our office, let us know if we need to order the tax certificate.)
it. A"ITRATION:
The, Owner Policy of Title Insurance (form T-1) and the Mortgagee Policy of Title insurance (Form T-2) contain an
University Title Company Alamo Title Insurance
Texas Commitment (Rev. 1-1-93) • Sdwdule C Valid Only if Schedule A and B. and Covet are attached
SCHEDULE C - continued
GF No. 00092483
arbitration provision. It allows the Insured or the Company to require arbitration if the amount of insurance is
$2,000,000 or less. If the Insured wants to retain the right to sue the Company in case of a dispute over a claim, the
Insured must request deletion of the arbitration provision before the Policy is issued. Tao hmmed may do this by
signing the Deletion of Arbitration Provision form and returning it to the Company at or before the closing of the real
estate transaction or by writing to the Company.
NOTE 1: If you are the lender in the transaction and desire deletion of the Arbitration Provision, please inform us
through your loan closing instructions.
NOTE 2: This does not apply to Texas Residential Owner Policy of Title Insurance - One to Four Family
Residences. If you are the purchasers of non-residential property and desire me deletion of the Arbitration
Provision, a form will be presented to you at closing for execution.
12, If subject transaction will utilize a prior survey, we will require a tall size, legible copy of said survey, with
the surveyor's field notes, if any. Upon receipt of the existing survey, we reserve the right to determine whether
said survey is acceptable for insuring purposes according to our underwriter guidelines.
NOTE: While a survey may be acceptable for insuring purposes, all surveys are subject to feral approval by lender.
13. Twenty-four Mouth Chain of Title:
We have examined the records of the Cftfity Clerk of Brazos County, Texas, as they are reflected in the
geographically indexed title plant of University Title Company and our records reflect that the following is a true and
correct list of DEEDS affecting title to the real property described supra for tho preceding twenty-four months:
None of Record
Vesting Deed to owners shown herein was dated August 31, 2001 and recorded in Volume 4313, Page 27,
Official Records, Brazos County, Texas.
14. Record a Release of Home Equity Deed of Trust/Mortgage: MmEra
Maker: Nancy Elizabeth McAfee Adams
Trustee: Angela Stone
Lender: Beneficial Texas, Inc.
Amount: 560,000.00
Dated: June 2, 2008
Recorded: Volume 8632, Page 81, Otlicial Records, Brazos County, Texas.
15. Furnish the marital status of Nancy Elizabeth McAfee Adams. Company requires the joinder of spouse(s) in any
transaction involving subject property.
e fsidy TA Company "
By:
Audmixod Countenignature (JWrdtl
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