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THE FOLLOWING COMMITMENT FOR TITLE INSURANCE IS NOT VALI6 UNLESS YOUR NAME AND THE
POLICY AMOUNT ARE SHOWN IN SCHEDULE A , AND OUR AUTHORIZED REPRESENTATIVE HAS
COUNTERSIGNED BELOW.
COMMITMENT FOR TITLE INSURANCE
Issued by
I� I La A vv y ersTitle CORPORATION
Commitment No. S31969
We, Lawyers Title Insurance Corporation will issue our title insurance policy or policies (the Policy) to You (the
proposed insured) upon payment of the premium and other charges due, and compliance with the requirements in
Schedule B and Schedule C. Our Policy will be in the form approved by the Texas Department of Insurance at the
date of issuance, and will insure your interest in the land described in Schedule A. The estimated premium for our
Policy and applicable endorsements is shown on Schedule D. There may be additional charges such as recording
fees, and expedited delivery expenses.
This Commitment ends ninety (90) days from the effective date, unless the Policy is issued sooner, or failure to
issue the Policy is our fault. Our liability and obligations to you are under the express terms of this Commitment and
end when this Commitment expires.
IN WITNESS WHEREOF, LAWYERS TITLE INSURANCE CORPORATION has caused its corporate name and
seal to be hereunto affixed by its duly authorized officers, the Commitment tolbecome valid when countersigned by
an authorized officer or agent of the Company.
TX0353 S31969
Lawyers Title Company Of Brazos County
1450 Copperfield Pkway
LAWYERS TITLE INSURANCE CORPORATION
College Station , TX 77845 ��SUnAN�F B I
Tel:(979) 776 -3600
Fax:(979) 776 -3700 1= SEAL'
Countersigned:
A onze Signatory
.1
CONDITIONS AND STIPULATION
I:h�xcuk�e*
•... Sr�yv.�t;ary
1. If you have actual knowledge of any matter which may affect the title or mlortgage covered by this Commitment,
that is not shown in Schedule B, you must notify us in writing. If you do not n tify us in writing, our liability to you is
ended or reduced to the extent that your failure to notify us affects our liabi ity. If you do notify us, or we learn of
such matter, we may amend Schedule B, but we will not be relieved of liabili already incurred.
2. Our liability is only to you, and others who are included in the definitionlof Insured in the Policy to be issued.
Our liability is only for actual loss incurred in your reliance on this Commitment to comply with its requirements, or
to acquire the interest in the land. Our liability is limited to the amount shown in Schedule A of this Commitment and
will be subject to the following terms of the Policy: Insuring Provisions, Conditions and Stipulations, and Exclusions.
M
Form 82C13443 (1112009) T -7 Commitment for Title Insurance
COMMITMENT FOR TITLE INSURANCE
Issued By
Lawyers Title Insurance Corporation
SCHEDULE A
Effective Date: January 22, 2010, 7:00 am GF No. S31969
Commitment No. , issued February 8, 2010, 2:55 pm
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: $217,500.00
PROPOSED INSURED: RSCS Enterprises, LP
(b) TEXAS RESIDENTIAL OWNER'S POLICY OF TITLE INSURANCE
- ONE -TO -FOUR FAMILY RESIDENCES (Form T -IR)
Policy Amount:
PROPOSED INSURED:
(c) LOAN POLICY OF TITLE INSURANCE (Form T -2)
Policy Amount:
PROPOSED INSURED:
Proposed Borrower:
(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:
(f) OTHER
Policy Amount:
PROPOSED INSURED:
2. The interest in the land covered by this Commitment is: Fee Simple
Record title to the land on the Effective Date appears to be vested in:
Stephen W. Vaughan
4. Legal description of the land:
All that certain lot, tract or parcel of land being 0.86 of one acre situated in the ROBERT STEVENSON LEAGUE,
ABSTRACT No. 54, Brazos County, Texas, and being a part of that certain called 7.2 acre tract in deed from Oleta
Chaney to Edward Dopslauf, recorded in Volume 1135, Page 632, Official Records of Brazos County, Texas, said 7.2
acre tract being a part of that certain called 19.31 acre tract as described in deed from Paul S. Wahlberg, Trustee, to
Edward E. Dopslauf recorded in Volume 363, Page 730, Deed Records of Brazos County, Texas, said 0.86 of one acre
tract being more particularly described by metes and bounds as follows:
BEGINNING at a 1/2" iron rod found for the most northerly corner, said corner being S 45 36' 53" E a distance of
24.28 feet from a 5/8" iron rod found for the occupied most northerly corner of said called 7.2 acre tract and the
occupied most easterly corner of a 2.14 acre tract which is the remainder of a called 2.76 acre tract described in
Volume 443, Page 804, said corner also being located on the southwest line of the remainder of a called 71.52 acre
tract described in Volume 3007, Page 341;
THENCE S 45 36' 53" E, along the northeast line of said called 7.2 acre tract a distance of 107.51 feet to a 1/2" iron
rod found for the most easterly corner, said corner being the most northerly corner of a 4.00 acre tract described in
Volume 3166, Page 274;
FORM T -7: Commitment for Title Insurance Page 1
Continuation of Schedule A GF No. S31969
THENCE S 47 49' 52" W, along the northwest line of said 4.00 acre tract a distance of 350.69 feet to a 1/2" iron rod
found in the northeast right -of -way line of State Highway No. 6 described in Volume 1057, Page 385 for the most
southerly corner;
THENCE along the northeast right -of -way line of said State Highway No. 6, the following calls:
N 47 19'43" W, a distance of 50.19 feet to a concrete R.O.W. Monument found, and;
N 40 50" W, a distance of 57.36 feet to a 1/2" iron rod found for the most westerly corner, said
corner being the occupied most southerly corner of said 2.14 acre tract;
THENCE N 47 49' 52" E, along the occupied common line between said called 2.76 acre tract and said called 7.2 acre
tract a distance of 346.95 feet to the PLACE OF BEGINNING, and containing an area of 0.86 of one acre of land,
more or less. -
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 are or quantity is
correct, but is made only for informational and /or identification purposes and does not override Item 2 of Schedule B
hereof.
FORM T -7: Commitment for Title Insurance Page 2
COMMITMENT FOR TITLE INSURANCE
Issued By
Lawyers Title Insurance Corporation
SCHEDULE B
EXCEPTIONS FROM COVERAGE r
In addition to the Exclusions and Conditions and Stipulations, your Policy will not cover loss, costs, attorneys' fees, and expenses
resulting from:
1. The followin g restrictive covenants of record itemized below (We must either insert specific recording data or delete this
exception):
VOLUME 115, PAGE 569, DEED RECORDS OF BRAZOS COUNTY, TEXAS.
NOTE: TO THE EXTENT THAT THESE RESTRICTIONS VIOLATE 42 USC 3604 (c) BY INDICATING A
PREFERENCE, LIMITATION OR DISCRIMINATION BASED ON RACE, COLOR, RELIGION, SEX,
HANDICAP, FAMILIAL STATUS OR NATIONAL ORIGIN, SUCH RESTRICTIONS ARE HEREBY OMITTED.
2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments or protrusions, or any overlapping %
of improvements. Upon Company's receipt, review and approval of a current land title survey, and payment of any
promulgated premium, this item can be amended to read in its entirety 'shortages in area'."
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 2010, 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 -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.
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
FORM T -7: Commitment for Title Insurance Page 3
Continuation of Schedule B
8.
10
GF No. 531969
issued.)
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.)
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).
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. Survey dated September 30, 1996 and updated on April 27, 1998, prepared by H. Curtis Strong, R.P.L.S. No.
4961 shows the following matters, the existence of which are not insured against loss by this policy:
1. Mobile Home protrudes into the adjacent tract.
2. Sewer field lines along the southeasterly side of the property.
3. Barb wire fencing not on property lines
4. Satellite dish.along the northwesterly lot tine..
b. Easement executed by Edward Dopslauf to The City of Bryan, Texas, dated July 30, 1979, recorded in
Volume 430, Page 51, Deed Records of Brazos County, Texas, and as shown on a survey dated September 30,
1996 and updated on April 27, 1998, prepared by H. Curtis Strong, R.P.L.S. No. 4961
C. Easement executed by Edward E. Dopslauf and wife, Oleta F. Dopslauf to The City of College Station, Texas,
dated February 7, 1985, recorded in Volume 765, Page 250, Official Records of Brazos County, Texas, and as
shown on a survey dated September 30, 1996 and updated on April 27, 1998, prepared by H. Curtis Strong,
R.P.L.S. No. 4961.
d. Easement executed by Edward E. Dopslauf and wife, Oleta F. Dopslauf to The City of College Station, Texas,
dated March 20, 1986, recorded in Volume 961, Page 715, Official Records of Brazos County, Texas, and as
shown on a survey dated September 30, 1996 and updated on April 27, 1998, prepared by H. Curtis Strong,
R.P.L.S. No. 4961.
e. Terms, conditions and stipulations contained in that certain Grant of Access Easement by and between
Roland smith and Claudia Smith, and Stephen W. Vaughan, dated March 17, 2003, recorded in Volume 5169,
Page 126, Official Records of Brazos County, Texas.
f. *Terms, conditions and stipulations contained in Oil, Gas and Mineral Lease executed by Eugene M. White
to Malcolm Gresham, dated February 17, 1958, recorded in Volume 14, Page 527, Oil, Gas and Mineral
Lease Records of Brazos County, Texas.
g. *Terms, conditions and stipulations contained in Oil, Gas and Mineral Lease executed by Edward E.
Dopslauf & Oleta F. Dopslauf, husband and wife, to Jordan Engineering, Inc. dated November 29, 1978,
recorded in Volume 33, Page 817, Oil, Gas and Mineral Lease Records of Brazos County, Texas.
h. *Terms, conditions and stipulations contained in Oil, Gas and Mineral Lease executed by Keith James
Dopslauf, Independent Executor of the Estate of Edward Emory Dopslauf, Deceased to Sage Energy
Company, dated September 30, 1990, recorded in Volume 1641, Page 79, Official Records of Brazos County,
Texas.
i. *Mineral and/or Royalty interest contained in instrument dated November 30, 1976, from Paul S. Wahlberg,
Trustee, to Edward E. Dopslauf, recorded in Volume 363, Page 730, Deed Records of Brazos County, Texas.
FORM T -7: Commitment for Title Insurance Page 4
Continuation of Schedule B
GF No. S31969
j. *Mineral and/or Royalty interest contained in instrument dated September 27, 1993, from Keith James
Dopslauf, Independent Executor of the Estate of Edward Emory Dopslauf, Deceased, to Union Royalty
Company, recorded in Volume 1943, Page 257, Official Records of Brazos County, Texas.
*Title to said interest has not been investigated subsequent to the date of the aforementioned instrument.
k. This policy does not insure the title to, nor encumbrances against, the mobile home or manufactured housing
unit which is situated on the herein described land, as shown on a survey made under the supervision of H.
Curtis Strong, R.P.L.S. No. 4961, dated September 30, 1996 and updated on April 27, 1998.
1. Rights of parties in possession. (Owner's Title Policy)
w
w
FORM T -7: Commitment for Title Insurance Page 5
COMMITMENT FOR TITLE INSURANCE
Issued By
Lawyers Title Insurance Corporation
SCHEDULE C
Your Policy will not cover loss, costs, attorneys' 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:
a. no person occupying the land claims any interest in that land against the persons named in paragraph 3 of Schedule
A,
b. all standby fees, taxes, assessments and charges against the property have been paid,
C. all improvements or repairs to the property are completed and accepted by the owner, and that all contractors,
subcontractors, laborers and suppliers have been fully paid, and that no mechanic's, laborer's or materialmen's liens
have attached to the property,
d. there is legal right of access to and from the land,
the the
e. (on a Loan Policy only) restrictions have not been and will not be violated that affect validity and priority of
insured mortgage.
3. You must pay the seller or borrower the agreed amount for your property or interest.
4. Any defect, lien or other matter that may affect title to the land or interest insured, that arises or is filed after the effective
date of this Commitment.
5. We will require tax certificates on the subject property showing all taxes paid up to and including the year 2009.
6. Obtain and file for record a release of Deed of Trust executed by Stephen W. Vaughan to Franklin Patterson, Trustee
for the benefit of Texas Enterprise Bank, dated October 17, 2006, recorded in Volume 7643, Page 20, Official Records
of Brazos County, Texas (in the amount of $175,000.00).
7. Extension of Real Estate Note and Lien, executed by Stephen W. Vaughan to Texas Enterprise Bank, dated effective
September 4, 2008, recorded in Volume 8816, Page 264, Official Records of Brazos County, Texas.
8. This Company is in receipt of a copy of the survey by H. Curtis Strong, R.P.L.S. No. 4961, dated September 30, 1996,
and updated on April 27, 1998. Company requires for its review a satisfactory affidavit executed by the owner of the
land stating that there have been no improvements on the land (including fences or other structures) since the date of
said prior survey. If the survey reveals any encroachments, overlaps, boundary line disputes, or other adverse
matters, they may appear as exceptions in the Policy.
9. For each entity that will execute any document in connection with the proposed closing (AND any other entity
executing said document on its behalf), this company must be furnished the following authority and existence
documentation:
(a) Corporation - Certificate of Existence from the Secretary of State, Articles of Incorporation from the Secretary of
State, and a properly executed Corporate Resolution (in recordable form) to support the proposed transaction.
(b) Limited Liability Company - Certificate of Existence from the Secretary of State, Articles of Organization from
the Secretary of State, copy of Regulations (and any Amendments thereto), and Secretary's Certificate (in recordable
form).
FORM T -7: Commitment for Title Insurance Page 6
Continuation of Schedule C GF No. S31969
(c) General Partnership - copy of Partnership Agreement (and any Amendments thereto).
(d) Limited Partnership - Certificate of Limited Partnership from the�' of State, Certificate of Existence
from the Secretary of State, copy of Limited Partnership Agreement (andl any Amendments), and evidence of consent
of limited partners (in recordable form), if required.
(e) Joint Venture - copy of Joint Venture Agreement (and any Amendme>ts thereto).
(f) Trust - copy of the Trust Agreement (and any Amendments thereto) or review or, in the alternative, the Trustee
must file a Certification of Trust in the real property records meeting all of the provisions of Section 114.086(a) and
(c) of the Texas Property Code, and provide excerpts from the Trust Agreement sufficient to evidence authority of the
Trustee to enter into this transaction.
10. Note to all Buyers, Sellers, Borrowers, Lenders and all parties interested in the transaction by this Commitment. The
following constitutes major changes in the procedures and requirements for disbursement of funds by the Title Agent
pursuant to this transaction: Effective August 1, 1998, the State Board of Insurance has adopted Procedural Rule P-
27 which requires that "Good Funds" be received and deposited before a (Title Agent may disburse from its trust fund
account. The term "Good Funds" is defined as:
(1) Cash or wire transfers; (2) Certified funds, including certified checks and cashier's checks; (3) Uncertified funds
from amounts less than $1,500.00, including checks, traveler's checks, money orders and negotiable orders of
withdrawal; provided multiple items shall not be used to avoid the $1,500.00 limitation; and (4) Uncertified funds in
amounts of $1,500.00 or more, drafts and any other items when collected by the financial institution.
The following note is for informational purposes only:
The following deed(s) affecting said land were recorded within twenty-four (24) months of the date of this report:
NONE
Title is vested as set forth herein on Schedule A by virtue of a Correction Warranty Deed executed by Keith James Dopslauf,
Individually and as Independent Executor of the Estate of Edward Emmary Dopslauf, Deceased, dated May 18, 2000,
recorded in Volume 3815, Page 34, Official Records of Brazos County, Texas.
Countersigned
Lawyers Title Company of Brazos County
By
Authorized Countersignature
*"
FORM T -7: Commitment for Title Insurance Page 7