HomeMy WebLinkAbouttitleCOMMITMENT
SCHEDULE A
EFFECTIVE DATE: April 19, 2009, 08:00 A.M.
Commitment #:09-5803134-Z-0000
GF NO.: 092044
Issued: 05/08/2009, 08:00 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: $0.00
PROPOSED INSURED:
(b) TEXAS RESIDENTIAL OWNER POLICY OF TITLE INSURANCE
ONE-TO-FOUR FAMILY RESIDENCES (Form T-1R)
Policy Amount: $0.00
PROPOSED INSURED:
(c) MORTGAGEE POLICY OF TITLE INSURANCE (Form T-2)
Policy Amount: $1,109,000.00
PROPOSED INSURED: PlainsCapital Bank
Proposed Borrower: Main Street Homes - CS, Ltd.
(d) TEXAS SHORT FORM RESIDENTIAL MORTGAGEE POLICY
OF TITLE INSURANCE (Form T-2R)
Policy Amount: $0.00
PROPOSED INSURED:
Proposed Borrower:
le) MORTGAGEE TITLE POLICY BINDER ON INTERIM
CONSTRUCTION LOAN (Form T-13)*
Binder Amount: $0.00
PROPOSED INSURED:
Proposed Borrower:
(f) OTHER
Policy Amount: $0.00
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:
Main Street Homes-CS, Ltd., a Texas limited partnership
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Aft
GF No. 09-5803134-Z-0000
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Legal Description of land:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
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GF No. 09-5803134-Z-0000
EXHIBIT "A"
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APPROXIMATELY 13.073 ACRES of land being out of and a portion of the SAMUEL
DAVIDSON LEAGUE, ABSTRACT NO. 13, in Brazos County, Texas, and being a portion of the
remainder of a called 74.86 acre tract of land more particularly described by metes and bounds
in the deed recorded in Volume 6500, Page 287, Official Records of Brazos County, Texas, and
Exhibit "A-1" attached hereto.
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 area or quantity is correct, but is made only for informational and/or identification
purposes and does not override Item 2 of Schedule B hereof.
EXHIBIT A-1
\11:11';S AND BOUNDS DESCRIPTION OF ALL'I'IIA'I' CFR7'AI.N TRACT OF LAND LYING AND TIEING SI'T'UATED
INT11V S:01('El, 1MVIDSON I.,.EAGUI?,.ARST.RAC'I' NO..13, BRAZOS COUNTY, TEXAS. SAID TRACT BEING A
VORTION OF TITE REMAINDER OF A CALLED 74.86 ACRE TRACT DESCRIBED 13'4' A DEED'I'O t41.AIN S'T'REET
I IOiNiF,S-('S, I'l D., RN.C'ORDED IN VOLUME 6500, PAGE.. 287 OF THE OFFICIAL, PUBLIC RECORDS OF BIZAZOS
COUNTY, TEXAS.
SAID TRACT 13F.ING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTHEAST LINE OF KOP.1 E BRIDGE ROAD (60' RO.W, - 65' R.O.W.)
MARKING THE NOR'1'li CORNER OF SAID RE4 MAINDER Of 74.86 ACRE TRACT AND THE NOR.'IUNAVEST
CORNER OF N'IF,ADOWCREE.K SUBDIVISION, PHASE 2, ACCORDING TO !'HE PLAT RECORDED IN VOLUINIE
8285, 280 (.)F T1111; OFFICIAL PUBLIC RE+ 'ORDS OF BRA:Z,OS Co LJN'IA','TI?XAS;
1 111:.N( 1!:.::\1.,ONC; '1'LI I? COMMON LINE OF SAIL) REMAINDER OF 74:86 ACRI 'TRAC'T AND MEADOWCREEK
SI 13DIVISION, 1'IIASF, 2 AND PLIAS.E 3 (PLAT 82851280), FOR THE FOLLOWING CALLS:
S TV 17' .15" F::\T 5,00 FEET PASS A 5/8 INCH .IRON ROD FOUND, CONTINUE ON FOR A TOTAL DISTANCE OF
144.02 I EI: I TO A 5/8 INCII IRON 1201) FOUND ON THE NOR'T'EIWEST LINE OF SAGEWOOD DRIVE (50' R,O.W.);
S 42'47'-17" W r\LUNG TIIE NOR'I'.H\VF,ST LINE OF SAGEWOOD DRIVE FOR A DISTANCE OF 26.48 FEET TO A
1'O I N"I
S 47" 12' 13" E FOR ,A DISTANCE OF .1(120,0(1 FEET TO A 5/8 INCH IRON ROD FOUND ON THE NORTHWEST LINE
OF ('LOUD LANE (50' R.O.W.);
5 42" 47'47" M :ALONG TI1F, NOR'1'FR'VF,S'C LINE OF CLOVI).LANE FOR A DISTANCE OF 8.28 FE11T'TO A POINT;
ti 47" 12' 13" I; ;\CROSS'l IIE PLAT'I'lD END OF CLOUD LANE FOR A DISTANCE OF 50.00 FEET TO A POINT ON
I I F SOVTIIE:\ST LINE OF CLOUD LANE;
N42" IT-17" 1i: ALONG. I'llE SOUTHEAST LINE OF CLOUD LANE FOR 1\ DISTANCE OF 3.28 FEF,T TO A 5/8 INCH
IRON ROD FOUND:
S 47" 12' 13" 1, FOR A DISTANCE OF 565,00 FE'E'T' 'l'O A POINTMARKING AN INTERIOR C'ORN..ER OF COl lmoN
ARF;,\ NO. 8, MEADOWCRF,EK SUBDIVISION, PHASE 3 (82851280);
S 42'47'17" W FOR A DISTANCE OF 305.00 FEET TO A POINT WITHIN SAID REMAINDER OF 74.86 ACRE,
TRAC 1;
t 11VN('F: 'I'IIROU(;Li SAID REMAINDER OF 74.86 ACRE TRACT FOR THE FOLLOWING CALLS:
v D" 12' 1 z" NV FORA DISTANCE OF 180.00 FEET TO A POINT;
S ..I2" .47',17" NN' IJAZ A DISTANCE, OF.1.(5,1111 IT EET 1'O A POINT:
N 47" 12' 13" NV FOR A DI,S'V ANCE OF 75.(11) FEET TO A POINT;
PAGE I OF?
N 42" .IT 47" F. Ftlz L)ts rnNC:E OF 115.00FEt;T TO A POINT.
N 47" 12' 13" FOR A DISTANCE OF .(50.(10 FEET TO A POINT;
N 54" 19' •t3" W FOR A DISTANCE; OF 40.31 FEET TO A POINT;
N 47" 12' 13" W FOR A DISTANCE OF .120.(10 FEET TO A POINT ON THE EXTENSION OF THE SOUTHEAST LINE
OF C'L:OUD LANE;
N42" 47'47" E ALONG TIIE EXTENSION OF':THE SOUTHEAST LINE OF CLOUD LANE FOR A DISTANCE OF 15.00
Fl,'ET •1 O A POINT.
N,47" 12' 13' \V FORA DISTANCE OF 1012.71 FEET TO A POINT MARKING TIKE BEGINNING; OF A
t OWN] L IWL(W KNVISV CURVE 11,\VING A RADIUS 01; 175.00 FEET;
:\1:ONG SAID C. URVE T'IIROUCII A CENTRAL ANGLE OF 21"54'49" FOR AN ARC DISTANCE OF 66.92 FEET
(CHORD (WARS: S 15" 14'21" NV - 66.52 FRET) TO TIIE ENDING POINT OF SAID CURVE;
N 85" 42'59" W FOR A DISTANCE OF 78.60 FELT TO.A 1/2 INCII. IRON ROD FOUND MA.RXING THE EAST
CORNER OF A CALLED 0.77 ACRE TRAC T AS DESCRIBED BY A DEED TO JOHN P. GORNEY RECORDED IN
VOLUME 464j 'AGE, 401 OF THE DF,ED RECORDS OF BRAZOS COUNTY, TEXAS;
'I'lIF.NCE: N 38" 5V01" W ALONG; TIII, coNIIA'16N LINE, OF SAID RUMAINDER OF 74.86 ACRE TRACT AND SAID
01.77 ACRD TRACT FOR .A DISTANCE OF 111.74 FEET TO A 518 INCA IRON ROD FOUND ON THESOUTHEAST
I,INI, OIi IKOPI'F. BRIT)CE ROAD MARKING 11IE COMMON CORNER OF SAID REMAINDER OF 74.86 ACRE;
1 RAC'1 ,\ND S:\IU (1.77 AC'ltl T'Rr\C"1
1 I1 FNC. E: N-42",12' 15" F ALONG THE SOUTHEAST IANE OF KOPPE BRIDGE ROAD FORA DISTANCE OF 409.2(1
FIB F I''I O) 1111: I't)LN 1' OF.1il G.INNINC; CON'T'AINING 13.073 ACRES OF.LA.ND. B.1?.AR.ING SYSTED7 SI (')WN
II I HU'IN IS BASI.?1) ON THE PLAT CALL BEARINGS OF MLADOWCREEK SUBDIVISION, PHASE 2 AND 3,
9285/2801.
NOTF,: The Company is prohibited from insuring the area or quantity of the land described herein. Any statement in the
shove legal description of the area or quantity 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 Itetn 2 of Schedule B hereof.
PAGE Z- OF -L
GF No. 09-5803134-Z-0000
SCHEDULE B
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 (The Company must either
insert specific recording data or delete this exception):
Volume 7321, Page 193, Official Records, Brazos County, Texas.
Omitting from any documentation set out herein discriminatory provisions, if any, based on
race, color, religion, sex, handicap, familial status, national origin, or any other prohibited
basis of discrimination.
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 Owners 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, 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 vegetation, or the right
of access to that area or easement along and across the area.
(Applies to 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
1 1 .13, Texas Tax 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 2009
and subsequent years.")
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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 Mortgage Title Policy Binder on Interim Construction
Loan only, and may be deleted if satisfactory evidence to us before a binder is issued.)
8. Liens and leases that affect the title to the estate or interest, but that are subordinate to the
lien of the insured mortgage'.-(Applies to the Mortgagee Policy (T-2) only).
9. The Exceptions from Coverage and Express Insurance in Schedule B of the Texas Short Form
Residential Mortgagee Policy of Title Insurance (T-211). (Applies to Texas Short Form
Residential Mortgagee Policy of Title Insurance (T-2R) only.) Separate exceptions 1 through
8 of this Schedule B do not apply to the Texas Short Form Residential Mortgagee Policy of
Title Insurance (T-211),
10. The following matters and all terms of the documents creating or offering evidence of the
matters. (The Company must insert matters or delete this exception):
a. Those liens created at closing, if any, pursuant to your instructions.
b. Rights of parties in possession. (Owner Policy only.)
C. Visible and apparent easements over and across subject property (Owner Policy Only).
d. Building setback lines as set out in the restrictions recorded in Volume 7321, Page
193, Official Records of Brazos County, Texas,
e. An easement granted to Wellborn Water Supply Corp. recorded in Volume 303, Page
276, Deed Records of Brazos County, Texas.
f. An easement granted to Wellborn Special Utility District, recorded in Volume 8243,
Page 120, Official Records of Brazos County, Texas.
9. An easement granted to Wellborn Special Utility District, recorded in Volume 8243,
Page 123, Official Records of Brazos County, Texas,
h. An easement granted to Wellborn Special Utility District, recorded in Volume 8243,
Page 126, Official Records of Brazos County, Texas,
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GF No. 09-5803134-Z-0000
An undivided one-half (1/2) interest in and to all oil, gas, and other minerals, in, on,
under, or that may be produced from the herein described property, together with all
rights relating thereto, express or implied, conveyed by W.T. Riedel, a/k/a Wilfred
Riedel and James 0. Alexander, Jr. to Wellborn Resources, LLC by Deed dated June
4, 1996, recorded in Volume 2613, Page 212, Official Records of Brazos County,
Texas. Said mineral interest not traced subsequent to the date of the above cited
instrument.
Reservation of all oil, gas, and other minerals, contained in Deed dated January 25,
2006, recorded in Volume 6500, Page 287, Official Records of Brazos County, Texas,
executed by Wellborn Resources, L.P., a Texas limited partnership, f/k/a Wellborn
Resources, LLC to . Main Street Homes-CS, Ltd., a Texas limited partnership. Said
mineral interest not traced subsequent to the date of the above cited instrument.
Covenants, conditions, restrictions, assessments, charges and liens as set forth in
that certain Declaration dated May 11, 2006, recorded in Volume 7321, Page 193,
Official Records of Brazos County, Texas.
NOTE: FOR INFORMATION PURPOSES ONLY (and is not intended, and should not be
construed as affirmative insurance.) This document provides that said lien of
assessments is subordinate to any valid purchase money lien or mortgage covering
a Lot and any valid lien securing the cost of construction of home improvements.
The Transfer Fee shall be in the amount of three-fourths of one percent (.75)% of the
Total Sales Price paid for the Lot and/or improvements thereon. Such Transfer Fee
shall be due and payable immediately at the closing of each transfer and/or sale of
title and/or a title interest to a Lot. The Total Sales Price shall include total of all
consideration for the Lot paid by or on behalf of the purchaser of the Lot and shall
exclude prorated or prepaid taxes, interest, title policy fees and escrow fees. The
Transfer Fee shall be due contemporaneously with the transfer of title and/or title
interest. Notwithstanding any of the foregoing, the Transfer Fee shall be waived for
the transfer of a Lot by (a) Declarant, or (b) anyone who acquires title to a Lot directly
from Declarant, or (c) transfers of land or a Lot that occur on or after January 1,
2012, or (d) transfer between spouses, or (e) transfers by will or probate, or (f)
transfers by an institutional lender or Trustee by judicial or non-judicial foreclosure as
set out in the restrictions recorded in Volume 7321, Page 193, Official Records,
Brazos County, Texas.,
NOTE: FOR INFORMATION PURPOSES ONLY (and is not intended, and should not be
construed as affirmative insurance.) This document provides that said lien of
assessments is subordinate to liens for taxes, bonds, assessments and other levies
which by law would be superior, and the lien or charge of any recorded first mortgage
made in good faith and for value.
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M. A ten-foot wide underground public utility easement crossing the property as set out
in restrictions recorded Volume 7321, Page 193, Official Records of Brazos County,
Texas.
GF No. 09-5803134-Z-0000
n. Any and all liens arising by reason of unpaid bills or claims for work performed, or
materials furnished in ponnection with improvements placed, or to be placed upon the
subject property. 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.
o. Pending disbursement of the full proceeds of the loan secured by the lien
instrument(s) 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 this policy. Nothing contained in this paragraph shall be construed
as limiting any exception under Schedule B hereof, or any printed provision of this
policy.
Any and all matters revealed by a currently dated, on-the-ground survey acceptable
to this company.
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GF No. 09-5803134-Z-0000
SCHEDULE C
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, subcontractors, laborers and suppliers have been fully paid,
and that no mechanic's, laborer's or materialmen's liens have attached to the
property,
- there is legal right of access to and from the land.
(on a Mortgagee Policy only) restrictions have not been and will not be violated that
affect the validity and priority of the insured mortgage.
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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. Vendor's Lien retained in Deed executed by Wellborn Resources, L.P., a Texas limited
partnership, f/k/a Wellborn Resources, LLC, to Main Street Homes-CS, Ltd., a Texas limited
partnership, dated January 25, 2005 and filed for record on February 1, 2005 in Volume
6500, Page 287 of the Official Records of Brazos County, Texas, securing the payment of
a note of even date therewith in the principal sum of $2,537,000.00, payable to
PlainsCapital Bank and bearing interest as therein provided; said note being additionally
secured by a Deed of Trust of even date therewith to James Dyess, Trustee, filed for record
on February 1, 2005, recorded in Volume 6501, Page 1 of the Official Records of Brazos
County, Texas, terms, conditions and stipulations contained therein, including, but not
limited to, any additional indebtedness, if any, secured by said instrument.
(Affects this and other property)
Said Note being additionally secured by Assignment of Rights recorded February 1, 2005 in
Volume 6501, Page 26, and being corrected and re-recorded April 11, 2005 in Volume
6605, Page 212, Official Records of Brazos County, Texas.
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GF No. 09-5803134-Z-0000
Said Note additionally secured by Collateral Assignment of Rents and Leases to PlainsCapital
Bank by instrument recorded February 1, 2005 in Volume 6501, Page 19 and being
corrected and re-recorded April 11, 2005 in Volume 6605, Page 217, Official Records of
Brazos County, Texas.
Financing Statement filed February 3, 2005, under the Texas Secretary of State File Number
05-0003624000, executed by Main Street Homes-CS, Ltd., a Texas limited partnership, as
debtor(s), to PlainsCapital Bank, as secured party.
Said Deed of Trust being modified by Modification, Renewal and Extension Agreement
executed by Main Street Homes-CS, Ltd., a Texas limited partnership and PlainsCapital Bank,
dated January 23, 2006, filed for record on January 27, 2006, and recorded in Volume
7126, Page 1, of the Official Records of Brazos County, Texas.
Said Deed of Trust being modified by Modification and Extension Agreement executed by
Main Street Homes-CS, Ltd., a Texas limited partnership and PLAINSCAPITAL BANK, dated
January 12, 2007, but to be effective January 25, 2007, filed for record on January 31,
2007, and recorded in Volume 7795, Page 174, of the Official Records of Brazos County,
Texas.
6. Deed of Trust executed by MAIN STREET HOMES-CS, LTD., a Texas limited partnership, to
Paul Holubec, Trustee, dated March 12, 2007, filed for record on March 14, 2007, and
recorded in Volume 7859, Page 276, of the Official Records of Brazos County, Texas,
securing the payment of one note even date therewith in the principal sum of
$1,662,000.00, due and payable to PlainsCapital Bank, and bearing interest as therein
provided; and all the terms, conditions and stipulations contained therein, including, but not
limited to, any additional indebtedness, if any, secured by said instrument.
(Affects this and other property)
Said Note additionally secured by Collateral Assignment of Rents and Leases to PlainsCapital
Bank by instrument recorded March 14, 2007, in Volume 7860, Page 1, Official Records of
Brazos County, Texas.
Said Note being additionally secured by Assignment of Rights recorded March 14, 2007, in
Volume 7860, Page 9, Official Records of Brazos County, Texas.
7. If the subject property is to be subdivided prior to the closing of this transaction, submit the
recorded plat for review, wherein additional exceptions and/or requirements may apply.
Closer to verify that the assessments and fees shown in Schedule B hereof are paid current
and if not, they must be paid current.
"The policy(ies) anticipated by this Commitment contain provisions relative to the use of
Arbitration in the settlement of claims. These provisions may be deleted without cost upon
written request by the insured prior to the issuance of the policy(ies).
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10. Note to all Buyers, Sellers, Borrowers, Lenders and all parties having a vested interest in the
transaction covered by this Commitment. The following constitutes a MAJOR CHANGE in
the procedures and requirements for disbursement of funds by the Title Agent pursuant to
this transaction: Effective August 1, 1988, the State Board of Insurance has adopted
Procedural Rule P-27 which will require that "Good Funds" be received and deposited before
a Title Agent may disburse from its Trust Fund account. "Good Funds" is defined as; (1)
Cash or Wire Transfers; (2) Certified funds, including certified checks and cashiers checks;
(3) Uncertified funds in amounts less than $1,500.00, including checks, travelers 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 item when collected by the Financial Institution. For the benefit
of all parties, The Company has adopted a policy that uncertified funds, in the aggregate,
may not exceed the sum of $500.00.
11. This file must be updated prior to close. Closer should notify the Title Department at least
48 hours prior to closing in order to receive said update.
12, Twenty-four Month Chain of Title:
We have examined the records of the County 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 the preceeding twenty-four months:
Vesting Deed to owners shown herein was dated January 25, 2006 and recorded in Volume
6500, Page 287, Official Records of Brazos County, Texas.
Prior deed is dated June 4, 1996 and recorded in Volume 2613, Page 212, Official Records
of Brazos County, Texas.
Unified Title Company, Ltd.
--s
By:
Charles rino
TITLE OFFICER: Cindy Cisneros
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Effective Date 511/2008
Fidelity National Financial, Inc.
Privacy Statement
Fidelity National Financial, Inc. and its subsidiaries ("FNF") respect the privacy and security of your
non-public personal information ("Personal Information") and protecting your Personal Information is
one of our top priorities. This Privacy Statement explains FNF's privacy practices, including how we
use the Personal Information we receive from you and from other specified sources, and to whom it
may be disclosed. FNF follows the privacy practices described in this Privacy Statement and, depending
on the business performed, FNF companies may share information as described herein.
Personal Information Collected
We may collect Personal information about you from the following sources:
• Information we receive from you on applications or other forms, such as your name, address,
social security number, tax identification number, asset information, and income information;
• Information we receive from you through our Internet websites, such as your name, address, email
address, Internet Protocol address, the website links you used to get to our websites, and your
activity while using or reviewing our websites;
• Information about your transactions with or services performed by us, our affiliates, or others, such
as information concerning your policy, premiums, payment history, information about your home
or other real property, information from lenders and other third parties involved in such transaction,
account balances, and credit card information; and
• Information we receive from consumer or other reporting agencies and publicly recorded
documents.
Disclosure of Personal Information
We may provide your Personal Information (excluding information we receive from consumer or other
credit reporting agencies) to various individuals and companies, as permitted by law, without obtaining
your prior authorization. Such laws do not allow consumers to restrict these disclosures. Disclosures
may include, without limitation, the following:
• To insurance agents, brokers, representatives, support organizations, or others to provide you with
services you have requested, and to enable us to detect or prevent criminal activity, fraud, material
misrepresentation, or nondisclosure in connection with an insurance transaction;
• To third-party contractors or service providers for the purpose of determining your eligibility for an
insurance benefit or payment and/or providing you with services you have requested;
• To an insurance regulatory authority, or a law enforcement or other governmental authority, in a
civil action, in connection with a subpoena or a governmental investigation;
• To companies that perform marketing services on our behalf or to other financial institutions with
which we have joint marketing agreements and/or
• To lenders, lien holders, judgment creditors, or other parties claiming an encumbrance or an
interest in title whose claim or interest must be determined, settled, paid or released prior to a title
or escrow closing.
We may also disclose your Personal Information to others when we believe, in good faith, that such
disclosure is reasonably necessary to comply with the law or to protect the safety of our customers,
employees, or property and/or to comply with a judicial proceeding, court order or legal process.
OPR-L2-(S) Page 1 of 2
_.nn
Effective Date 5/1/2008
Disclosure to Affiliated Companies - We are permitted by law to share your name, address and facts
about your transaction with other FNF companies, such as insurance companies, agents, and other real
estate service providers to provide you with services you have requested, for marketing or product
development research, or to market products or services to you. We do not, however, disclose
information we collect from consumer or credit reporting agencies with our affiliates or others without
your consent, in conformity with applicable law, unless such disclosure is otherwise permitted by law.
Disclosure to Nonaffiliated Third Parties - We do not disclose Personal Information about our customers
or former customers to nonaffiliated third parties, except as outlined herein or as otherwise permitted
by law.
Confidentiality and Security of Personal Information
we restrict access to Personal Information about you to those employees who need to know that
information to provide products or services to you. We maintain physical, electronic, and procedural
safeguards that comply with federal regulations to guard Personal Information.
Access To Personal Information/
Requests for Correction, Amendment, or Deletion of Personal Information
As required by applicable law, we will afford you the right to access your Personal Information, under
certain circumstances to find out to whom your Personal Information has been disclosed, and request
correction or deletion of your Personal Information. However, FNF's current policy is to maintain
customers' Personal Information for no less than your state's required record retention requirements
for the purpose of handling future coverage claims.
For your protection, all requests made under this section must be in writing and must include your
notarized signature to establish your identity. Where permitted by law, we may charge a reasonable
fee to cover the costs incurred in responding to such requests. Please send requests to:
Chief Privacy Officer
Fidelity National Financial, Inc.
601 Riverside Avenue
Jacksonville, FL 32204
OPR-L2-(S)
Changes to this Privacy Statement
This Privacy Statement may be amended from time to time consistent with applicable privacy laws.
When we amend this Privacy Statement, we will post a notice of such changes on our website. The
effective date of this Privacy Statement, as stated above, indicates the last time this Privacy Statement
was revised or materially changed.
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Fidelity National Title
Insurance Company
SCHEDULE D
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
T exas, the following disclosures are made:
1 The following individuals are Directors and/or Officers of FIDELITY NATIONAL TITLE INSURANCE COMPANY:
DIRECTORS OFFICERS
William P. Foley, ll
William P. Foley, II
Chairman of the Board/C.E.O
Raymond R. Quirk
Raymond R. Quirk
President
Alan L. Stinson
Joseph W. Grealish
Executive Vice President
Frank P Willey
Alan L. Stinson
Chief Financial Officer
Patrick G. Farenga
Treasurer
Todd C. Johnson
Sr. Vice President/Secretary
Fidelity National Financial, Inc. owns 100% of Fidelity National Title Insurance Company.
2 The following disclosures are made by UNIFIED TITLE COMPANY, LTD. (hereinafter referred to as "Unified"):
a. The General Partner, Hays TT Acquisition Corp., owns 1.00% of Unified; the Limited Partners and their shares of ownership in
Unified are Capital Pacific Holdings, LLC - 28%; Bartholomew Investments, Inc. - 27.5%; David LeBoeuf, Inc. - 27.5%,
Stieetinan Homes, Ltd., L.L.P. - 16%.
b. The owners of Hays TT Acquisition Corp. and their shares of ownership are: Capital Pacific Holdings, LLC - 28.28%.
Bartholomew Investments, Inc. - 27.78%; David LeBoeuf, Inc. - 27.78%; Streetman Homes, Ltd., L.L.P. - 16.16%.
3 You are entitled to receive advance disclosure of settlement charges in connection with the proposed transaction to which this
Commitment relates Upon your request, such disclosure will be made to you. Additionally, the name of any person, firm or
corporation receiving any sum 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:
Owner Policy
Mortgagee Policy (2 t -;I- 9y • 0-0
Endorsernent Charges
Total $ (e 1 2 SS • G-~D
Of this total amount $ 15% will be paid to the policy issuing Title Insurance Company; $
45% _.-s _ _ will be retained by the issuing Title Insurance Agent; and the remainder of the estimated premium will be paid to
other partie as follows'
AMOUNT TO WHOM FOR SERVICE
30% University Title Company Closing
10% University Title Company Furnishing Unexamined Title Evidence
`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
State Board of Insurance. This Commitment is invalid unless the insuring provisions and Schedules A, B and C are attached.
FORM 1873-0 TEXAS FORM T-7: TEXAS COMMITMENT FOR TITLE INSURANCE
Reprinted 112WS SCHEDULED Erf..11 • 1.1.96
Fidelity National Title
INSURANCE COMPANY
DELETION OF ARBITRATION PROVISION
(Not applicable to the Texas Residential Owner 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 Insurance 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 $1,000,000 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:
"Unless prohibited by applicable law or unless this arbitration section is deleted by
specific provision in Schedule B of this policy, either the Company or the Insured may
demand arbitration pursuant to the Title Insurance Arbitration Rules or the American
Arbitration Association. 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, and service of the Company in connection with its issuance or the
breach of a policy provision or other obligation. All arbitrable matters when the Amount
of Insurance is $1,000,000 or less SHALL BE arbitrated at the request of either the
Company or the Insured, unless the Insured is an individual person (as distinguished
from a corporation, trust, partnership, association or other legal entity). All arbitrable
matters when the Amount of Insurance is in excess of $1,000,000 shall be arbitrated
only when agreed to by both the Company and the Insured. Arbitration pursuant to
this Policy and under the Rules in effect on the date the demand for arbitration is
made or, at the option of the Insured, the rules in effect at the Date of Policy shall be
binding upon the parties. The award may include attorneys' fees only if the laws of
the state in which the land is located permit a court to award attorneys' fees to a
prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be
entered in any court having jurisdiction thereof.
The law of the situs of the land shall apply to any arbitration under the Title Insurance
Arbitration Rules.
A copy of the Rules may be obtained from the Company upon request".
I request deletion of the Arbitration provision.
SIGNATURE
1873-DOA/C
Reprinted (9/99)
DATE
Texas Form T-7: Deletion of Arbitration Provision - Commitment
Effective (1-1-93)
Fidelity National Title
INSURANCE COMPANY
TEXAS TITLE INSURANCE INFORMATION
Title insurance insures you against loss result-
ing from certain risks to your title.
The Commitment for Title Insurance is the title
insurance company's promise to issue the title
insurance policy. The commitment is a legal
document. You should review it carefully to
completely understand it before your closing
date.
El seguro de titulo le ase ura en relacion a per-
didas resultantes de ciertos riesgos que
pueden afectar el titulo de su propiedad.
El Compromiso para Seguro de Titulo es la
promesa de la companla aseguradora de titulos
de emitir la poliza de seguro de titulo. El Com-
promiso es un documento legal. Usted debe
leerlo cuidadosamente y entenderlo comple-
tamente antes de la fecya para finalizar su
transaccion.
Your Commitment forTitle Insurance is a legal contract between you and us. The Commitment is not an opinion or report of your
title. It is a contract to issue you a policy subject to the Commitment's terms and requirements.
Before issuing a Commitment for Title Insurance (the Commitment) or a Title Insurance Policy (the Policy), the Title Insurance
Company (the Company) determines whether the title is insurable. This determination has already been made. Part of that
determination involves the Company's decision to insure the title except for certain risks that will not be covered by the Policy.
Some of these risks are listed in Schedule B of the attached Commitment as Exceptions. Other risks are stated in the Policy
as Exclusions. These risks will not be covered by the Policy.
Another part of the determination involves whether the promise to insure is conditioned upon certain requirements being met.
Schedule C of the Commitment lists these requirements that must be satisfied or the Company will refuse to cover them. You
may want to discuss any matters shown in Schedule B and C of the Commitment with an attorney. These matters will affect
your title and your use of the land.
When your Policy is issued, the coverage will be limited by the Policy's Exceptions, Exclusions and Conditions, defined below.
- EXCEPTIONS are title risks that a Policy generally covers but does not cover in a particular instance. Exceptions are
shown on Schedule B or discussed in Schedule C of the Commitment. They can also be added if you do not comply
with the Conditions section of the Commitment. When the Policy is issued, all Exceptions will be on Schedule B of the
Policy.
EXCLUSIONS are title risks that a Policy generally does not cover. Exclusions are contained in the Policy but not
shown or discussed in the Commitment.
CONDITIONS are additional provisions that qualify or limit your coverage. Conditions include your responsibilities and
those of the Company. They are contained in the Policy but not shown or discussed in the Commitment. The Policy
Conditions are not the same as the Commitment Conditions.
You can get a copy of the policy form approved by the State Board of Insurance by calling the Title Insurance Company at 1-800-
654-7041 or by calling the title insurance agent that issued the Commitment. The State Board of Insurance may revise the
policy form from time to time.
You can also get a brochure that explains the policy from the Texas Department of Insurance by calling 1-800-252-3439.
Before the Policy is issued, you may request changes in the Policy. Some of the changes to consider are:
Request amendment of the "area and boundary" exception (Schedule B, paragraph 2) To get this amendment, you
must furnish a survey and comply with other requirements of the Company. On the Owner Policy, you must pay an
additional premium forthe amendment. If the survey is acceptable to the Company and if the Company's other require-
ments are met, your Policy will insure you against loss because of discrepancies or conflicts in boundary lines,
encroachments or protrusions, or overlapping of improvements. The Company may then decide not to insure against
specific boundary or survey problems by making special exceptions in the Policy. Whether or not you request amend-
ment of the "area and boundary" exception, you should determine whether you want to purchase and review a survey if
a survey is not being provided to you.
Allowthe Company to add an exception to "rights of parties in possession." If you refuse this exception, the Company
or the title insurance agent may inspect the property. The Company may except to and not insure you against the
rights of specific persons, such as renters, adverse owners or easement holders who occupy the land. The Company
may charge you for the inspection. If you want to make your own inspection, you must sign a Waiver of Inspection form
and allow the Company to add this exception to your Policy.
The entire premium for a Policy must be paid when the Policy is issued. You will not owe any additional premiums unless you
want to increase your coverage at a later date and the Company agrees to add an Increased Value Endorsement.
1873-INFO
Reprinted (4/02) Texas Form T-7: Information For Title Insurance - Commitment
IMPORTANT NOTICE
FOR INFORMATION, OR TO MAKE
A COMPLAINT CALL OUR TOLL-
FREE TELEPHONE NUMBER
1-800-654-7041
ALSO
YOU MAY CONTACT THE TEXAS
DEPARTMENT OF INSURANCE AT
AVISO IMPORTANTE
PARA INFORMACION, O PARA
SOMETER UNA QUEJA LLAME
AL NUMBERO GRATIS
1-800-654-7041
TAMBIEN
PUEDE COMUNICARSE CON EL
DEPARTAMENTO DE SEGUROS
DE TEXAS AL
1-800-252-3439
1-800-252-3439
to obtain information on:
1. filing a complaint against an insur-
ance company or agent,
2. whether an insurance company
or agent is licensed,
3. complaints received against an in-
surance company or agent
4. policyholders rights, and
5. a list of consumer publications
and services available through
the Department.
YOU MAY ALSO WRITE TO
THE TEXAS DEPARTMENT OF IN-
SURANCE
P.O. BOX 149104
AUSTIN, TEXAS 78714-9104
FAX NO. (512) 475-1771
para obtener informacion sobre:
1. como someter una queja en con-
tra de una compania de seguros
o agente de seguros,
2. si una compania de seguros o
agente de seguros tiene licencia,
3. quejas recibadas en contra de
una compania de seguros o
agente de seguros,
4. los derechos del asegurado, y
5. una lista de publicaciones y servi-
cios para consumidores dis-
ponibles a traves del
Departamento.
TAMBIEN PUEDE ESCRIBIR AL
DEPARTAMENTO DE SEGUROS
DE TEXAS
P.O. BOX 149104
AUSTIN, TEXAS 78714-9104
FAX NO. (512) 475-1771