HomeMy WebLinkAbouttitle insuranceCOMMITMENT FOR TITLE INSURANCE
Issued By
Commonwealth Land Title Insurance Company
SCHEDULE A
Effective Date: May 10, 2010, 7:00 am
Commitment No. , issued May 26, 2010, 2:15 pm
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: $4,340,000.00
PROPOSED INSURED: To Be Determined
Proposed Borrower: Brazos Texas Land Development, LLC
(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:
Brazos Texas Land Development, LLC - as to Tracts One, Two and Three
Brazos Texas Land Development, LLC, a Texas limited liability company, as to Tracts Four and Five
4. Legal description of the land:
Tract One:
GF No. 25835
All of Lot One (1), Block One (1), GREENS PRAIRIE CENTER, PHASE 1, an addition to the City of College Station,
Brazos County, Texas, according to the Plat thereof recorded in Volume 7574, page 76 of the Official Public Records
of Brazos County, Texas.
Tract Two:
Metes and bounds description of all that certain tract or parcel of land lying and being situated in the AUGUSTUS
BABILLE SURVEY, Abstract No. 75, College Station, Brazos County, Texas. Said tract being a portion of the
remainder of a called 10 acre tract as described by a deed to Kenneth Wolf recorded in Volume 265, page 534 o'e
Deed Records of Brazos County, Texas, and a portion of the remainder of a called 24.7 acre tract as described by a
deed to Kenneth Wolf and wife, Norma C. Wolf recorded in Volume 257, page 20 of the Deed Records of Brazos
County, Texas.
FORM T-7: Commitment for Title Insurance Page I
Continuation of Schedule A
GF No. 25835
Said tract being more particularly described by metes and bounds as follows:
BEGINNING at a 1/2 inch iron rod found on the southeast line of the original right-of-way of Greens Prairie Road
marking the north corner of said remainder of 10 acre tract and the west corner of Lot 1, Block 2, Greens Prairie
Center, according to the Plat recorded in Volume 7574, page 76 of the Official Public Records of Brazos County,
Texas;
THENCE: S 480 38' 22" E along the common line of said remainder of 10 acre tract and said Lot 1 for a distance of
322.95 feet to a 1/2 inch iron rod found on the current northerly line of Greens Prairie Road (100' R.O.W. per
6112/260), said iron rod found marking the beginning of a clockwise curve having a radius of 800.00 feet;
THENCE: along the existing north line of Greens Prairie Road for the following calls:
Along said curve through a central angle of 200 53' 31" for an are distance of 291.71 feet (chord bears: S 720
38' 02" W - 290.09 feet) to a 5/8 inch iron rod set marking the ending point of said curve;
S 831 01' 42" W for a distance of 100.00 feet to a 5/8 inch iron rod set marking the beginning of a
counterclockwise curve having a radius of 900.00 feet;
Along said curve through a central angle of 150 05' 47" for an are distance of 237.13 feet (chord bears: S 750
29' 58" W - 236.45 feet) to a 2 inch metal post found on the original southeast line of Greens Prairie marking
the most westerly corner of this herein described tract;
THENCE: N 430 14' 52" E along the original southeast line of Greens Prairie Road for a distance of 360.91 feet to a
1/2 inch iron rod found marking the common corner of said remainder of 24.7 acre tract and said remainder of 10
acre tract;
THENCE: N 46146' 21" E continuing along the original southeast line of Greens Prairie Road for a distance of 158.34
feet to the POINT OF BEGINNING containing 2.056 acres of land, more or less.
Tract Three:
Metes and bounds description of all that certain tract or parcel of land lying and being situated in the AUGUSTUS
BABILLE SURVEY, Abstract No. 75, College Station, Brazos County, Texas. Said Tract being a portion of the
original apparent right-of-way of Greens Prairie Road (by prescriptive rights - no dedication found of record), said
right-of-way being a portion of a called 89.964 acre tract as described by a deed to Milton D. Williams recorded in
Volume 277, Page 389 of the Deed Records of Brazos County, Texas.
Said Tract being more particularly described by metes and bounds as follows::
BEGINNING at a 1/2 inch iron rod found on the southeast line of the original Greens Prairie Road marking the north
corner of a portion of the remainder of a called 10.0 acre tract as described by a deed to Kenneth Wolf recorded in
Volume 265, Page 539 of the Deed Records of Brazos County, Texas, and the west corner of Lot 1, Block 1, Greens
Prairie Center, Phase 1, according to the Plat recorded in Volume 7574, Page 76 of the Official Public Records of
Brazos County, Texas;
THENCE: N 481 38' 23" W through the original right-of-way of Greens Prairie Road and along the extension of the
common line of said remainder of 10.0 acre tract and said Lot 1 for a distance of 28.07 feet to a point marking the
west corner of this herein described tract, for reference a TxDot monument found bears: S 551 48' 47" W for a
distance of 224.85 feet;
THENCE: N 550 48' 47" E continuing through the original right-of-way of Greens Prairie Road for a distance of
112.15 feet to a TxDot brass monument found on the northwest line of said Lot 1;
THENCE: S 411 18' 59" W along the northwest line of said Lot 1 for a distance of 108.61 feet to the POINT OF
FORM T-7: Commitment for Title Insurance
Page 2
r~
Continuation of Schedule A GF No. 25835
BEGINNING, containing 1524.5 square feet of land, more or less.
Tract Four:
Metes and bounds description of all that certain tract or parcel of land lying and being situated in the AUGUSTUS
BABILLE SURVEY, Abstract No. 75, College Station, Brazos County, Texas. Said tract being a portion of the
original apparent right-of-way of Greens Prairie Road (by prescriptive rights - no dedication found of record). Said
right-of-way being a portion of a called 100 acre tract as described by a deed to J. D. Williams, recorded in Volume
47, Page 609 of the Deed Records of Brazos County, Texas.
Said tract being more particularly described by metes and bounds as follows:
BEGINNING at a 1/2 inch iron rod found on the southeast line of the original Greens Prairie Road marking the north
corner of a portion of the remainder of a called 24.7 acre tract as described by a deed to Kenneth Wolf and wife,
Norma C. Wolf, recorded in Volume 257, Page 20 of the Deed Records of Brazos County, Texas, and the west corner
of a portion of the remainder of a called 10.0 acre tract as described by a deed to Kenneth Wolf Recorded in volume
2265, Page 539 of the deed records of Brazos County, Texas;
THENCE: N 480 39' 23" W through the original right-of-way of Greens prairie road and along the extension of the
common line of said remainder of 24.7 acre tract and said remainder of 10.0 acre tract for a distance of 53.82 feet to a
point marking the west corner of this herein described tract;
THENCE: N 550 48' 47" E continuing through the original right-of-way of greens prairie road for a distance of
162.96 feet to a point, for reference a TxDot brass monument found bears: N 550 48' 47" E for a distance of 112.15
feet;
THENCE: S 48° 37' 56" E continuing through the original right-of-way of Greens Prairie Road and along the
extension of the common line of said remainder of 10.0 acre tract and Lot 1, Block 1 Greens Prairie Center, Phase 1,
according to the plat recorded in Volume 7574, Page 76 of the Official Public Records of Brazos County, Texas, for a
distance of 28.07 feet to a 1/2 inch iron rod found marking the common corner of said remainder of the 10.0 acre tract
and said Lot 1;
THENCE: S 461 45' 45" W along the northwest line of said remainder of 10.0 acre tract for a distance of 158.50 feet
to the POINT OF BEGINNING, containing 0.148 of an acre of land, more or less.
Tract Five:
Metes and bounds description of all that certain tract or parcel of land lying and being situated in the AUGUSTUS
BABILLE SURVEY, Abstract No. 75, College Station, Brazos County, Texas. Said Tract being a portion of the
original apparent right-of-way of Greens Prairie Road (by prescriptive rights - no dedication found of record), said
right of way being a portion of a called 100 acre tract as described by a deed to T. O. Williams, Curtis Williams and
Frances Veator recorded in Volume 234, Page 91 of the Deed Records of Brazos County, Texas.
Said tract being more particularly described by metes and bounds as follows:
BEGINNING at a 2 inch metal post found on the existing north line of Greens Prairie Road (100' R.O.W.) marking
the west corner of a portion of the remainder of a called 24.7 acre tract as described by a deed to Kenneth Wolf and
wife, Norma C. Wolf, recorded in Volume 257, Page 20 of the Deed Records of Brazos County, Texas, for reference a
1/2 inch iron rod found on the existing south line of Greens Prairie Road marking the northeast corner of the
remainder of a called 8.00 acre tract as described by a deed to James R. Hibbets, Ramona Hibbets, Howard
Shoemake and Hollee Shoemake, recorded in Volume 5922, Page 258 of the Official Public Records of Brazos County,
Texas Bears: S 48148' 36" E for a distance of 114.14 feet;
THENCE: N 481 48' 36" through the original right-of-way of Greens Prairie Road and along the extension of the
common line of said remainder of 24.7 acre tract and said remainder of 8.00 acre tract for a distance of 63.84 feet to a
FORM T-7: Commitment for Title Insurance Page 3
Oft%
Continuation of Schedule A
GF No. 25835
point on the southeast line of a called 0.320 acre tract described as Tract Two by a deed to Veerani, L.L.C. recorded
in Volume 7969, Page 238 of the Official Public Records of Brazos County, Texas;
THENCE: N 421 35' 22" E along the southeast line of said 0.320 acre tract for a distance of 301.04 feet to a TxDot
marker found marking the most easterly corner of said 0.320 acre tract, said TxDot marker found marking an angle
point in the southerly line of State Highway No. 40;
THENCE: N 551 48' 47" E through the original right-of-way of Greens Prairie Road for a distance of 61.89 feet to a
point;
THENCE: S 481 38' 23" E continuing through the original right-of-way of Greens Prairie Road and along the
extension of the common line of said 24.7 acre tract and the remainder of a called 10.0 acre tract as described by a
deed to Kenneth Wolf recorded in Volume 265, Page 539 of the Deed Records of Brazos County, Texas, for a distance
of 53.82 feet to a 1/2 inch iron rod found marking the common corner of said remainder of 24.7 acre tract and said
remainder of 10.0 acre tract;
THENCE: S 430 14' 52" W along the northwest line of said remainder of 24.7 acre tract for a distance of 360.91 feet
to the POINT OF BEGINNING, containing 0.536 of an acre 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 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 No. 2 of Schedule B.
FORM T-7: Commitment for Title Insurance Page 4
0 0
COMMITMENT FOR TITLE INSURANCE
Issued By
Commonwealth Land 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):
As noted on the Plat recorded in Volume 7574, page 76, Official Public Records of Brazos County, Texas - as to Tract
One
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.
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.)
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.)
FORM T-7: Commitment for Title Insurance Page 5
Continuation of Schedule B GF No. 25835
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. Easements or claims of easements which are not recorded in the public records of Brazos County, Texas.
b. 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 interest that are not listed.
Tract One:
C. Fifteen foot (15') public utility easement along lot lines adjacent to roadways, as shown on the Plat recorded
in Volume 7574, page 76 of the Official Public Records of Brazos County, Texas.
d. Blanket Right-of-Way Easement granted to Wellborn Special Utility District by First National Bank, Bryan,
Texas, Trustee of the Elizabeth M. Williams Education Trust as set out in instrument dated January 20, 2000,
recorded in Volume 3768, Page 30 of the Official Public Records of Brazos County, Texas.
e. Right-of-Way Easement granted to the City of Bryan by First National Bank, Bryan, Texas, Trustee of the
Elizabeth M. Williams Education Trust as set out in instrument dated May 20, 2003, recorded in Volume
5356, Page 176 of the Official Public Records of Brazos County, Texas, and as shown on the Plat recorded in
Volume 7574, page 76 of the Official Public Records of Brazos County, Texas.
f. Temporary Construction Easement granted to City of College Station, Texas by Timothy J. Crowley as set
out in instrument dated January 26, 2004, recorded in Volume 5876, Page 289 of the Official Public Records
of Brazos County, Texas.
g. Utility Easement granted to City of College Station, Texas by Timothy J. Crowley as set out in instrument
dated January 26, 2004, recorded in Volume 5876, Page 292 of the Official Public Records of Brazos County,
Texas, and as shown on the Plat recorded in Volume 7574, page 76 of the Official Public Records of Brazos
County, Texas.
h. Mineral Reservation as set out in deed dated July 9, 2003 from First National Bank of Bryan, Texas, Trustee
of the Elizabeth M. Williams Education Trust to Timothy J. Crowley, recorded in Volume 5440, page 147,
Official Public Records of Brazos County, Texas. Title to this interest not investigated subsequent to date of
said instrument.
i. Estate created by oil, gas and mineral lease granted to Grand Energy, Inc. by Myrtle Elizabeth Williams and
the First National Bank of Bryan, Texas, as Co-Trustees of the Elizabeth M. Williams Education Trust by
instrument dated September 16, 1998, recorded in Volume 3258, Page 135 of the Official Public Records of
Brazos County, Texas, and all terms, conditions and stipulations contained therein. Said lease modified by
instrument recorded in Volume 5665, page 103 of the Official Public Records of Brazos County, Texas. Title
to this lease has not been investigated subsequent to date thereof.
Tract Two:
j. Fence not on property line along southwesterly portion of property, as shown on a survey dated July 25, 2008
and prepared under the supervision of Brad Kerr, RPLS No. 4502.
k. Blanket Easement granted to City of Bryan by Otho Williams, et ux as set out in instrument dated January
31, 1950, recorded in Volume 141, Page 467 of the Deed Records of Brazos County, Texas, as noted on a
FORM T-7: Commitment for Title Insurance Page 6
dIhk
I
Continuation of Schedule B GF No. 25835
survey dated July 25, 2008 and prepared under the supervision of Brad Kerr, RPLS No. 4502.
Blanket Easement granted to City of Bryan by J. D. Williams, Jr., et ux as set out in instrument dated
January 31, 1950, recorded in Volume 141, Page 481 of the Deed Records of Brazos County, Texas, as noted
on a survey dated July 25, 2008 and prepared under the supervision of Brad Kerr, RPLS No. 4502.
in. Easement granted to Wellborn Water Supply Corporation by Mrs. J. D. Williams as set out in instrument
dated September 30, 1968, recorded in Volume 273, Page 408 of the Deed Records of Brazos County, Texas.
Said easement partially released as to 62.78 acres in Volume 3725, Page 38 of the Official Public Records of
Brazos County, Texas.
n. Blanket Easement granted to City of Bryan by Kenneth Wolf as set out in instrument dated February 9, 1982,
recorded in Volume 511, Page 193 of the Deed Records of Brazos County, Texas, as noted on a survey dated
July 25, 2008 and prepared under the supervision of Brad Kerr, RPLS No. 4502.
o. Easement granted to Wellborn Water Supply Corporation by Milton D. Williams as set out in instrument
dated March 13, 1984, recorded in Volume 894, Page 435 of the Official Public Records of Brazos County,
Texas. Said easement partially released as to 62.78 acres in Volume 3725, Page 36 of the Official Public
Records of Brazos County, Texas.
P. Blanket Easement granted to Wellborn Water Supply Corporation by Kenneth Wolf as set out in instrument
dated March 14, 1984, recorded in Volume 894, Page 441 of the Official Public Records of Brazos County,
Texas, as noted on a survey dated July 25, 2008 and prepared under the supervision of Brad Kerr, RPLS No.
4502.
q. Fifteen foot (15') Water Line Easement granted to Wellborn Special Utility District by Norma C. Wolf as set
out in instrument dated March 15, 1999, recorded in Volume 3645, Page 278 of the Official Public Records of
Brazos County, Texas, as shown on a survey dated July 25, 2008 and prepared under the supervision of Brad
Kerr, RPLS No. 4502.
r. BTU Easement granted to City of Bryan d/b/a Bryan Texas Utilities by Norma Hagler as set out in
instrument dated February 6, 2003, recorded in Volume 5149, Page 9 of the Official Public Records of Brazos
County, Texas, as shown on a survey dated July 25, 2008 and prepared under the supervision of Brad Kerr,
RPLS No. 4502.
S. Twenty foot (20') Water Line Easement granted to Wellborn Special Utility District by Norma Wolf Hagler
as set out in instrument dated January 10, 2001, recorded in Volume 5770, Page 219 of the Official Public
Records of Brazos County, Texas, as shown on a survey dated July 25, 2008 and prepared under the
supervision of Brad Kerr, RPLS No. 4502.
t. Drainage Easement granted to Brazos Texas Land Development, LLC by Norma C. Hagler a/k/a Norma
Wolf, joined pro forma by my spouse, Roy W. Hagler as set out in instrument dated September 23, 2008,
recorded in Volume 8813, Page 117 of the Official Public Records of Brazos County, Texas.
U. Utility Service Provider Agreement dated September 23, 2008 by and between Norma C. Wolf a/k/a Norma
Hagler and Brazos Texas Land Development, LLC, recorded in Volume 8813, page 133 of the Official Public
Records of Brazos County, Texas.
V. Affidavit giving notice of on-site wastewater treatment system, executed by Norma C. Wolf, dated February
12, 1999 recorded in Volume 3395, page 205 of the Official Public Records of Brazos County, Texas.
W. Unrecorded Grazing Lease dated June 12, 2004 from Norma C. Hagler to Ralph Wellmann, as described in
Special Warranty Deed dated September 23, 2008 from Norma C. Wolf a/k/a Norma Hagler, joined pro
forma herein by my husband, Roy W. Hagler to Brazos Texas Land Development, LLC, recorded in Volume
8813, page 126, Official Public Records of Brazos County, Texas.
X. Conveyance of mineral interest from Myrtle Elizabeth Williams to First National Bank of Bryan, Trustee of
FORM T-7: Commitment for Title Insurance Page 7
~ GF No. 25835
Continuation of Schedule B
the Elizabeth M. Williams Education Trust as set out in instrument dated December 15, 1999, recorded in
Volume 3688, page 60 of the Official Public Records of Brazos County, Texas. Title to said interest has not
been investigated subsequent to date thereof.
Y. Mineral Reservation as set out in deed dated September 23, 2008 from Norma C. Wolf a/k/a Norma Hagler,
joined pro forma herein by my husband, Roy W. Hagler to Brazos Texas Land Development, LLC, recorded
in Volume 8813, page 126, Official Public Records of Brazos County, Texas. Title to this interest not
investigated subsequent to date of said instrument.
Z. Estate created by oil, gas and mineral lease granted to W. K. Walker & Associates by Kenneth Wolf, et ux by
instrument dated August 9, 1993, recorded in Volume 1877, Page 118 of the Official Public Records of Brazos
County, Texas, and all terms, conditions and stipulations contained therein. Title to this lease has not been
investigated subsequent to date thereof.
aa. Estate created by oil, gas and mineral lease granted to Grand Energy, Inc. by Kenneth Wolf, et ux by
instrument dated July 29, 1998, recorded in Volume 3226, Page 15 of the Official Public Records of Brazos
County, Texas, and all terms, conditions and stipulations contained therein. Title to this lease has not been
investigated subsequent to date thereof.
bb. Estate created by oil, gas and mineral lease granted to Grand Energy, Inc. by Myrtle Elizabeth Williams,
Individually and the First National Bank of Bryan, Texas as agent and Attorney-in-Fact for Myrtle Elizabeth
Williams by instrument dated September 16, 1998, recorded in Volume 3258, Page 130 of the Official Public
Records of Brazos County, Texas, and all terms, conditions and stipulations contained therein. Said lease
modified in instrument dated October 8, 2003, recorded in Volume 5665, Page 103 of said Official Public
Records. Title to this lease has not been investigated subsequent to date thereof.
Tract Three:
CC. Blanket Right-of-Way Easement granted to the City of Bryan by J. D. Williams, Jr., et ux as set out in
instrument dated January 31, 1950, recorded in Volume 141, Page 481 of the Deed Records of Brazos County,
Texas.
dd. Blanket Right-of-Way Easement granted to Wellborn Special Utility District by The First National Bank,
Bryan, Texas, Trustee of the Elizabeth M. Williams Education Trust as set out in instrument dated January
20, 2000, recorded in Volume 3768, Page 30 of the Official Public Records of Brazos County, Texas.
ee. Estate created by oil, gas and mineral lease granted to Grand Energy, Inc. by Myrtle Elizabeth Williams and
the First National Bank of Bryan, Texas, as Co-Trustee of the Elizabeth M. Williams Education Trust by
instrument dated September 16, 1998, recorded in Volume 3258, Page 135 of the Official Public Records of
Brazos County, Texas, and all terms, conditions and stipulations contained therein. Said lease being modified
in instrument dated October 8, 2003, recorded in Volume 5665, Page 103 of said Official Public Records. Title
to this lease has not been investigated subsequent to date thereof.
Tract Four:
ff. Blanket Right-of-Way Easement granted to the City of Bryan by J. D. Williams, Jr., et ux as set out in
instrument dated January 31, 1950, recorded in Volume 141, Page 481 of the Deed Records of Brazos County,
Texas.
gg. Blanket Right-of-Way Easement granted to Wellborn Water Supply Corporation by Mrs. J. D. Williams as
set out in instrument dated September 30, 1968, recorded in Volume 273, Page 408 of the Deed Records of
Brazos County, Texas. Said easement partially released as to 62.78 acres in Volume 3725, Page 38 of the
Official Public Records of Brazos County, Texas.
hh. Blanket Right-of-Way Easement granted to Wellborn Water Supply Corporation by Milton D. Williams as
Page 8
FORM T-7: Commitment for Title Insurance
Continuation of Schedule B GF No. 25835
set out in instrument dated March 13, 1984, recorded in Volume 894, Page 435 of the Official Public Records
of Brazos County, Texas. Said easement partially released as to 62.78 acres in Volume 3725, Page 36 of the
Official Public Records of Brazos County, Texas.
ii. Conveyance of mineral interest from Myrtle Elizabeth Williams to First National Bank of Bryan, Trustee of
the Elizabeth M. Williams Education Trust as set out in instrument dated December 15, 1999, recorded in
Volume 3688, page 60 of the Official Public Records of Brazos County, Texas. Title to said interest has not
been investigated subsequent to date thereof.
jj. Estate created by oil, gas and mineral lease granted to Grand Energy, Inc. by Myrtle Elizabeth Williams,
Individually and the First National Bank of Bryan, Texas as agent and Attorney-in-Fact for Myrtle Elizabeth
Williams by instrument dated September 16, 1998, recorded in Volume 3258, Page 130 of the Official Public
Records of Brazos County, Texas, and all terms, conditions and stipulations contained therein. Said lease
modified in instrument dated October 8, 2003, recorded in Volume 5665, Page 103 of said Official Public
Records. Title to this lease has not been investigated subsequent to date thereof.
Tract Five:
kk. Blanket Right-of-Way Easement granted to the City of Bryan by Otho Williams and wife, Edna Williams as
set out in instrument dated January 31, 1950, recorded in Volume 141, Page 467 of the Deed Records of
Brazos County, Texas.
Il. Blanket Right-of-Way Easement granted to the City of Bryan by Kenneth Wolf as set out in instrument dated
February 9, 1982, recorded in Volume 511, Page 193 of the Deed Records of Brazos County, Texas. (includes
all abutting streets, roads or highways)
FORM T-7: Commitment for Title Insurance Page 9
n
dEk
COMMITMENT FOR TITLE INSURANCE
Issued By
Commonwealth Land Title Insurance Company
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.
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,
e. (on a Loan 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 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. Provide evidence of existence for Brazos Texas Development LLC and evidence of authority for person who will sign
documents on its behalf.
6. NOTE: The Policy of Title Insurance to be issued under this Commitment for Title Insurance provides for
arbitration which is a common form of alternative dispute resolution. The rules of the Texas Department of
Insurance allow you to request that such provision be deleted from the Policy at no additional charge to you. Unless
you notify us prior to settlement that you wish to have the Arbitration Provision deleted it will be in the Policy which
we issue to you. (Not applicable to Texas Residential Owner Policy
Countersigned
Aggieland Title Company
By
Page 10
FORM T-7: Commitment for Title Insurance
COMMITMENT FOR TITLE INSURANCE
SCHEDULE D
Effective Date: May 10, 2010, 7:00 am
GF No. 25835
Pursuant to the requirements of Rule P-21, Basic Manual of Rules, Rates and Forms for the writing of Title Insurance in the State of
Texas, the following disclosures are made:
1. The following individuals are directors and/or officers, as indicated, of the Title Insurance Company issuing this Commitment
Commonwealth Land Title Insurance Company the New York Stock subsidiary of Exchange. Financial Group, Inc., a Virginia
Corporation whose securities are publicly traded on
Commonwealth Land Title Insurance Company's Officers and Directors are as follows:
Directors:
Officers: Theodore L. Chandler, Jr.
Theodore L. Chandler, Jr., Chairman of The Board G. William Evans
G. William Evans, Senior Executive Vice President
Kenneth Astheimer, Executive Vice President Melissa David S. A. Hill
Hi Saag
Ross W. Dorneman, Executive Vice President Jeffrey C. Selby
Margaret M. Foster, Executive Vice President
Michelle H. Gluck, Executive Vice President and General Counsel
Melissa A. Hill, Executive Vice President
John A. Magness, Executive Vice President
John M. Obzud, Executive Vice President
Lynn M. Riedel, Executive Vice President
Jeffrey C. Selby, Executive Vice President
James E. Sindoni, Executive Vice President
Jeffrey D. Vaughan, Executive Vice President
Marcy A. Welburn, Executive Vice President
Ronald B. Ramos, Senior Vice President, Assistant Secretary and Treasurer
Christine Vlahcevic, Senior Vice President and Chief Financial Officer
Anna M. King
2. The following disclosures are made by the Title Insurance Agent issuing this Commitment: Officers
Owners Directors
William S. Thornton, Jr. William S. Thornton, Jr., President
William S. Thornton, Jr.
3. You are entitled to receive advance disclosure of settlerrient chaes in connection with the your request, such disclosure will be made to you. Additionally, rthe name of any pers n, firmhor
commitment relates. . Upon y corporation receiving a portion of the premium from the settlement of this transaction will be disclosed on the closing or
settlement statement.
You are further advised that the estimated title premium is:
$0.00
Owner's Policy $20,312.00
Loan Policy $0.00
Endorsement Charges $0.00
Other $20,312.00
Total
Of this total amount: 15% will be paid to the policy issuing Title Insurance Company: 85% will be retained by the issuing Title
Insurance Agent; and the remainder of the estimated premium will be paid to other parties as follows:
Amount To Whom
For Services
" `The estimated premium is based upon information furnished to us as of the date of this Commitment for Title Insurance. Final
determination of the amount of the premium will be made at closing in accordance with the Rules and Regulations adopted by the
Commissioner of Insurance.
FORM T-7: Commitment for Title Insurance
Page 1
DELETION OF ARBITRATION PROVISION
(Not applicable to the Texas Residential Owner's Policy)
Arbitration is a common form of alternative dispute resolution. It can be a quicker and cheaper means to settle
a dispute with your Title Insurance Company. However, if you agree to arbitrate, you give up your right to
take the Title Company to court and your rights to discovery of evidence may be limited in the arbitration
process. In addition, you cannot usually appeal an arbitrator's award.
Your policy contains an arbitration provision (shown below). It allows you or the Company to require
arbitration if the amount of insurance is $2,000,000 or less. If you want to retain your right to sue the
Company in case of a dispute over a claim, you must request deletion of the arbitration provision before
the policy is issued. You can do this by signing this form and returning it to the Company at or before
the closing of your real estate transaction or by writing to the Company.
The arbitration provision in the Policy is as follows:
"Either the Company or the Insured may demand that the claim or controversy shall be submitted to arbitration
pursuant to the Title Insurance Arbitration Rules of the American Land Title Association ("Rules"). Except as
provided in the Rules, there shall be no joinder or consolidation with claims or controversies of other persons.
Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the
Insured arising out of or relating to this policy, any service in connection with its issuance or the breach of a
policy provision, or to any other controversy or claim arising out of the transaction giving rise to this policy.
All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of
either the Company or the Insured, unless the Insured is an individual person (as distinguished from an Entity).
All arbitrable matters when the Amount of Insurance is in excess of $2,000,000 shall be arbitrated only when
agreed to by both the Company and the Insured. Arbitration pursuant to this policy and under the Rules shall
be binding upon the parties. Judgment upon the award rendered by the Arbitrator(s) may be entered in any
court of competent jurisdiction."
SIGNATURE
DATE
Page I
FORM T-7: Commitment for Title Insurance
Adbh
Commonwealth Land Title Insurance Company
n
Premium Amount Rate Rules rrupc<<y 41 Reissue Rate
Type Code
2 3 4 5
I
cfn nn 3000