HomeMy WebLinkAbout10-00500050- 00075464;_. •
ISSUED BY
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THE FOLLOWING COMMITMENT FOR TITLE INSURANCE IS NOT VALID UNLESS
YOUR NAME AND THE POLICY AMOUNT ARE SHOWN IN SCHEDULE A,
AND OUR AUTHORIZED REPRESENTATIVE
HAS COUNTERSIGNED BELOW.
We, Alliant National Title Insurance Company, 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.
ALLIANT NATIONAL TITLE
INSURANCE COMPANY
University Title Company
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1021 University Drive East By:
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P.O. Drawer Dt `oI CP i
O ? 9 President
Countersigned: College Station, TX 77841 -5079 i SEAL
~y b� ° otoR1+ 9 da�
Attest:
B f� - +' — LG'v+
Y Secretary
thorized icer or Agent
Form ANT TX -T -7 (08/06): Commitment for Title insurance
TEXAS COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
Effective Date: January 31, 2010 at 8:00 a.m.
Commitment issued February 15, 2010, 8:00 a.m.
1. The policy or policies to be issued are:
(a) OWNER POLICY OF TITLE INSURANCE (Form T -1)
(Not applicable for improved one -to -four family residential real estate)
Policy Amount: $213,184.00
PROPOSED INSURED:
Entergy Texas, Inc.
(b) TEXAS RESIDENTIAL OWNER POLICY OF TITLE INSURANCE
- ONE -TO -FOUR FAMILY RESIDENCES (Form T -1R)
Policy Amount: $
PROPOSED INSURED:
(c) MORTGAGEE POLICY OF TITLE INSURANCE (FORM T -2)
Policy Amount: $
PROPOSED INSURED:
Proposed Borrower:
(d) TEXAS SHORT FORM RESIDENTIAL MORTGAGEE POLICY (Form T -2R)
Policy Amount: $
PROPOSED INSURED:
Proposed Borrower:
GF No. 00100498
(e) MORTGAGEE 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: Tracts One and Two: Fee simple
Tract Three: Easement
3. Record Title to the land on the Effective Date appears to be vested in:
Bryan D. Jones, Charles Eric Jones and Marshall B. Jones
University Title Company
Alliant National Title
Texas Commitment T -7 (Rev. 1 -1 -93) - Schedule A Valid Only if Schedule B, C, D and Cover are attached I
SCHEDULE A - continued
4. Legal description of land:
GF No. 00100498
See Exhibit A attached hereto and made a part hereof.
SCHEDULE B
GF No. 00100498
EXCEPTIONS FROM COVERAGE
In addition to the Exclusions and Conditions and Stipulations, your Policy will not cover loss, costs, attorney's fees, and
expenses resulting from:
1. The following restrictive covenants of record itemized below (We must either insert specific recording data or delete
this exception):
Item No. 1, Schedule B, is hereby deleted.
2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments or protrusions, or any
overlapping of improvements.
3. Homestead or community property or survivorship rights, if any, of any spouse of any insured. (Applies to the Owner
Policy only.)
4. Any titles or rights asserted by anyone, including, but not limited to, persons, the public, corporations, govenvnents
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 of vegetation, or the rights of access to that area
or easement along and across that area.
(Applies to the Owner Policy only.)
5. Standby fees, taxes and assessments by any taxing authority for the year 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 Mortgagee Policy (T -2R) is issued, that policy will substitute "which become due and payable
subsequent to Date of Policy" in lieu of "for the year and subsequent years. ")
6. The terms and conditions of the documents creating your interest in the land.
7. Materials furnished or labor performed in connection with planned construction before signing and delivering the
lien document described in Schedule A, if the land is part of the homestead of the owner.(Applies to the Mortgagee
Title Policy Binder on Interim Construction Loan only, and may be deleted if satisfactory evidence is furnished to us
before a binder is issued.)
S. Liens and leases that affect the title to the land, but that are subordinate to the lien of the insured mortgage. (Applies
to Mortgagee Policy T -2 only.)
9. The Exceptions from Coverage and Express Insurance in Schedule B of the Texas Short Form Residential
Mortgagee Policy (T -2R). (Applies to Texas Short Form Residential Mortgagee Policy (T -2R) only. Separate
exceptions 1 through 8 of this Schedule B do not apply to the Texas Short Form Residential Mortgagee Policy (T-
2R).
University Title Company Alliant National Title
Texas Commitment T -7 (Rev. 1 -1 -93) - Schedule B Valid Only if Schedule A, C, D and Cover are attached A
X
SCHEDULE B - continued
GF No. 00100498
10. The following matters and all terms of the documents creating or offering evidence of the matters (We must insert
matters or delete this exception):
a. Rights of Parties in Possession. (OWNER POLICY ONLY)
b. "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 herein."
c. Visible and apparent easements.
d. Portion of the property within any roadway.
e. Any encroaclunent, encumbrance, violation, variation, or adverse circumstance affecting title that would be
disclosed by an accurate and complete land survey of the land.
f. Rights of others to use and benefit of 60' access easement described herein as Tract Two.
g. Changes in area or boundary lines by reason of erosion, avulsion or accretion caused by Carter's Creek, which
forms a boundary of the tract insured herein.
h. Blanket Electrical Easement:
From: Lydia Boriskie
To: City of Bryan
Dated: May 15, 1972
Recorded: Volume 304, Page 237, Deed Records, Brazos County, Texas. (Tracts One, Two & Three)
i. Blanket Electrical Easement:
From: V. J. Boriskie, et ux
To: City of Bryan
Dated: April 30, 1937
Recorded: Volume 98, Page 217, Deed Records, Brazos County, Texas. (Tracts One, Two & Three)
j. Blanket Electrical Easement:
From: Joe M. Boriskie, et ux
To: City of Bryan
Dated: April 15, 1937
Recorded: Volume 98, Page 216, Deed Records, Brazos County, Texas. (Tracts One, Two & Three)
k. Defined Sewer Easement:
From: Lydia F. Boriskie
To: City of College Station
Dated: September 21, 1978
Recorded: Volume 407, Page 800, Deed Records, Brazos County, Texas. (Tract Two)
1. Blanket Pipeline Easement:
From: The Lydia Boriskie Partnership
To: Ferguson Burleson County Gas Gathering System
Dated: October 4, 1993
Recorded: Volume 2065, Page 120, Official Records, Brazos County, Texas.
//1
SCHEDULE B - continued
GF No. 00100498
Redefined:
Recorded: Volume 4371, Page 295, Official Records, Brazos County, Texas. (Tracts One & Two)
m. Easement:
From: V. J. Boriskie and wife, Julia S. Boriskie
To: Gulf States Utilities Company
Dated: May 15, 1947
Recorded: Volume 130, Page 237, Deed Records, Brazos County, Texas. (Tract One)
n. Easement:
From: Lydia Frances Boriskie, Executrix of the Estate of V. J. Boriskie, Deceased
To: City of Bryan
Dated: July 11, 1972
Recorded: Volume 307, Page 310, Deed Records, Brazos County, Texas. (Tract One)
o. Easement:
From: Lydia F. Boriskie
To: Gulf States Utilities Company
Dated: July 24, 1980
Recorded: Volume 456, Page 380, Deed Records, Brazos County, Texas. (Tracts One & Two)
p. Easements:
From:
V. J. Boriskie and J. M. Boriskie
To:
Humble Pipe Line Company
Dated:
July 21, 1919
Recorded:
Volume 49, Page 18 and Volume 49, Page 33, Deed Records, Brazos County, Texas.
Amended:
Recorded: Volume 513, Page 156, Deed Records, Brazos County, Texas and Volume 854, Page 599, Official
Records, Brazos County, Texas. (Tracts One, Two & Three)
q. Easement:
From: Lydia F. Boriskie
To: City of College Station
Dated: February 23, 1982
Recorded: Volume 510, Page 629, Deed Records, Brazos County, Texas. (Tract One)
r. Easement:
From: Lydia F. Boriskie
To: City of College Station
Dated: November 14, 1988
Recorded: Volume 1085, Page 89, Official Records, Brazos County, Texas. (Tract One)
s. Easement:
From: Charles B. Jones, et ux
To: City of College Station
Dated: March 24, 2006
Recorded: Volume 7239, Page 232, Official Records, Brazos County, Texas. (Tracts One & Two)
SCHEDULE B - continued
GF No. 00100498
t. Mineral Reservation in Deed:
By: Virginia B. Hermann
To: Burton Ray Hermann
Dated: December 13, 1993
Recorded: Volume 1988, Page 45, Official Records, Brazos County, Texas. Title to said interest has not
been investigated subsequent to the date of the aforesaid instrument. (Tracts One & Two)
u. Mineral Reservation in Deed:
By: Michael W. Thiltgen, et ux
To: Burton B. Hermann, et ux
Dated: April 6, 1994
Recorded: Volume 2085, Page 289, Official Records, Brazos County, Texas. Title to said interest has not
been investigated subsequent to the date of the aforesaid instrument. (Tracts One & Two)
Royalty Reservation in Deed:
By: Burton Ray Hermann, et ux
To: C. B. Jones
Dated: March 15, 1996
Recorded: Volume 2557, Page 109, Official Records of Brazos County, Texas. Title to said interest has not
been investigated subsequent to the date of the aforesaid instrument. (Tract Two)
w. Royalty Reservation in Deed:
By: Lydia Boriskie
To: Michael W. Thiltgen
Dated: February 10, 1982
Recorded: Volume 510, Page 482, Deed Records of Brazos County, Texas. Title to said interest has not been
investigated subsequent to the date of the aforesaid instrument. (Tracts One & Two)
x. Royalty Reservation in Deed:
By: Lydia Boriskie
To: Virginia J. Hermann
Dated: February 10, 1982
Recorded: Volume 510, Page 493, Deed Records of Brazos County, Texas. Title to said interest has not been
investigated subsequent to the date of the aforesaid instrument. (Tracts One & Two)
Oil and Gas Lease, and all terms, conditions and stipulations therein:
Lessor: City of College Station
Lessee: Inco Oil Corporation
Dated: May 3, 1993
Recorded: Volume 1851, Page 86, Official Records, Brazos County, Texas. Title to said interest has not
been investigated subsequent to the date of the aforesaid instrument. (Tract Three)
%f
SCHEDULE C - continued
GF No. 00100498
arbitration provision. It allows the Insured or the Company to require arbitration if the amount of insurance is
$2,000,000 or less. If the Insured wants to retain the right to sue the Company in case of a dispute over a claim, the
Insured must request deletion of the arbitration provision before the Policy is issued. The Insured may do this by
signing the Deletion of Arbitration Provision form and returning it to the Company at or before the closing of the real
estate transaction or by writing to the Company.
NOTE 1: If you are the lender in the transaction and desire deletion of the Arbitration Provision , please inform us
through your loan closing instructions.
NOTE 2: This does not apply to Texas Residential Owner Policy of Title Insurance - One to Four Family
Residences. If you are the purchasers of non- residential property and desire the deletion of the Arbitration
Provision, a fora will be presented to you at closing for execution.
12. If subject transaction will utilize a prior survey, we will require a full size, legible copy of said survey, with
the surveyor's field notes, if any. Upon receipt of the existing survey, we reserve the right to determine whether
said survey is acceptable for insuring purposes according to our underwriter guidelines.
NOTE: While a survey may be acceptable for insuring purposes, all surveys are subject to final approval by lender.
13. 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 preceding twenty -four months:
Vesting Deed to owners shown herein was dated November 5, 2008 and recorded in Volume 8875, Page 191,
Official Records, Brazos County, Texas. (Tracts One, Two & Three)
14. Lack of dedicated access to and from subject tract. We will require satisfactory evidence that such access does exist,
or is subsequently granted to the owners herein, or any policies to be issued will contain the appropriate exceptions
as to lack of access. (Tract Two)
15. We must be furnished with a Corporate Resolution of the Board of Directors of Entergy Texas, Inc., authorizing the
transaction and naming the officers authorized to execute the necessary documents.
NOTE: Closer should be satisfied as to the corporate status of said corporation and that same is in good standing.
16. Furnish the marital status of Bryan D. Jones, Charles Eric Jones and Marshall B. Jones. Company requires the
joinder of spouse(s) in any transaction involving subject property.
University Title Company
By.�c
Authorized Counte ignature (JMP /rd4
SCHEDULED
GF No. 00100498
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 Alliant National Title Insurance Company
* W. Allen Shindler, Chairman of the Board Robert Scott Hendrickson, Chief Financial Officer
* David D. Ginger, President Phyllis J. Mulder, Texas General Counsel
* Robert J. Grubb, Chief Executive Officer * Raymond J. BonAnno
William Brendemuhl, General Counsel & Secretary * Richard W. Stone
* John R. Baumgart
* Indicates Director
Agent Investors Group of America, LLC, owns 100% of the stock of Alliant National Title Insurance Company, Inc.
and Mt. Audubon Associates and John R. Baumgart owns ten percent or more of Agents Investors Group of America, LLC.
2. The following disclosures are made by UNIVERSITY TITLE COMPANY issuing this commitment:
a. The listing of each shareholder, owner, partner or other person having, owning or controlling one percent (1 %) or more of
the Title Insurance Agent that will receive a portion of the premium are as follows:
Celia Goode
William C. Lipsey
Michael R. Hoelscher
b. If the Agent is a corporation: (i) the name of each director of the Title Insurance Agent, and (ii) the names of the President,
the Executive or Senior Vice President, the Secretary and the Treasurer of the Title Insurance Agent are as follows:
Officers Directors
President - Celia Goode Celia Goode
Vice President - Michael R. Hoelscher Michael R. Hoelscher
Secretary /Treasurer - William C. Lipsey William C. Lipsey
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 stun 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:
Owners Policy $ 1,447.00
Mortgage Policy $
Endorsement Charges $
Total $ 1,447.00
Of this total amount: $ or 15.00% will be paid to the policy issuing Title Insurance Company: $ or 85.00% 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 hrsurance.
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.
Exhibit A
Tract One: Fee Simple
That certain 12.47 acre tract out of the Morgan Rector League, Abstract 46, Brazos County, Texas and being that same called
12.47 acre tract conveyed to Bryan D. Jones, Charles Eric Jones and Marshall B. Jones as recorded in Volume 8488, Page 248
(Tract Four) and Volume 8875, Page 191 (Tract Two) of the Official Public Records of Brazos County, Texas, said 12.47 acres
being more particularly described by metes and bounds as follows:
Note: Bearings are referenced to the NAD83 Texas State Plane Coordinate System, Central Zone #4203.
BEGINNING at a 1/2" iron rod found in the Southeasterly line of a called 77.62 acre tract conveyed to Richard Smith as
recorded in Volume 328, Page 75 of the Deed Records of Brazos County, Texas for the North corner of a called 9.74 acre tract
conveyed to the City of College Station as recorded in Volume 368, Page 336 of the Deed Records of Brazos County, Texas and
the West corner of the said 12.47 acre tract;
THENCE North 42° 20' 28" East along the said Southeasterly line of the 77.62 acre tract and the Northwesterly line of the
said 12.47 acre tract a distance of 728.30 feet (called North 42° 23' 39" East 728.19 feet) to a 1/2" iron rod found for the West
corner of a called 45.12 acre tract recorded in said Volume 8488, Page 248 (Tract Three) and Volume 8875, Page 191 (Tract
One) and the North corner of the said 12.47 acre tract;
THENCE along the Southwesterly line of the said 45.12 acre tract and the Northeasterly line of the said 12.47 acre tract with
the following courses and distances:
South 53° 53' 24" East a distance of 215.16 feet (called South 53° 52' 13" East 215.17 feet) to a 5/8" iron rod found for an angle
point;
South 00 19' 42" East a distance of 564.48 feet (called South 00° 16' 50" West 546.51 feet) to a 5/8" iron rod found for an
angle point;
South 44 36' 27" East a distance of 391.16 feet (called South 44° 33' 35" East 391.16 feet) to a 1/2" capped iron rod set for the
north corner of a called 23.75 acre tract conveyed to C. Carl Kolbe as recorded in Volume 2558, Page 126; Volume 3213, Page,
335 and Volume 3213, Page 339 of the Official Public Records of Brazos County, Texas and the East corner of the said 12:47"
acre tract;
THENCE South 45° 21' 32" West along the Northwesterly line of the said 23.75 acre tract and the Southeasterly line of the
said 12.47 acre tract a distance of 380.15 feet (called South 45° 33' 35" West 380.00 feet) to a 5/8" iron rod found in the
Northeasterly line of Horse Haven Estates, a plat recorded in Volume 4285, Page 35 of the Official Public Records of Brazos
County, Texas for a West corner of the said 23.75 acre tract and the South corner of the said 12.47 acre tract;
THENCE North 50 29' 50" West along the said Northeasterly line of the Horse Haven Estates and a Southwesterly line of the
said 12.47 acre tract a distance of 378.70 feet (called North 50° 28' 03" West 378.90 feet) to a 1/2" iron rod found for the East
corner of the said 9.74 acre tract and an angle point of the said 12.47 acre tract;
THENCE North 39° 40' 28" West along the Northeasterly line of the said 9.74 acre tract and a Southwesterly line of the said
12.47 acre tract a distance of 594.60 feet (called North 39° 37'26" West 594.66 feet) to the POINT OF BEGINNING and
containing 12.47 acres of land, more or less.
Tract Two: Fee Simple
n
That certain 4.145 acre tract out of the Morgan Rector League, Abstract 46, Brazos County, Texas, and being out of a called
45.12 acre tract conveyed to Bryan D. Jones, Charles Eric Jones and Marshall B. Jones as recorded in Volume 8488, Page 248
(Tract Three) and Volume 8875, Page 191 (Tract One) of the Official Public Records of Brazos County, Texas, said 4.145
acres being more particularly described by metes and bounds as follows:
Note: Bearings are referenced to the NAD83 Texas State Plane Coordinate System, Central Zone #4203.
COMMENCING at a 1/2" iron rod found in the Southeasterly line of a called 77.62 acre tract conveyed to Richard Smith as
recorded in Volume 328, Page 75 of the Deed Records of Brazos County, Texas for the North corner of a called 9.74 acre tract
conveyed to the City of College Station as recorded in Volume 368, Page 336 of the Deed Records of Brazos County, Texas and
the West corner of the said 12.47 acre tract conveyed to Bryan D. Jones, Charles Eric Jones and Marshall B. Jones as
recorded in Volume 8488, Page 248 (Tract Four) and Volume 8875, Page 191 (Tract Two) of the Official Public Records of
Brazos County, Texas;
THENCE North 42° 20' 28" East along the said Southeasterly line of the 77.62 acre tract and the Northwesterly line of the
said 12.47 acre tract a distance of 728.30 feet (called North 42° 23' 39" East 728.19 feet) to a 1/2" iron rod found for the North
corner of the said 12.47 acre tract and the most Northerly West corner of the said 4.145 acre tract and the POINT OF
BEGINNING;
THENCE North 42° 20' 28" East continuing along the said Southeasterly line of the 77.62 acre tract and the Northwesterly
line of the said 45.12 and 4.145 acre tract a distance of 82.38 feet to a point in the Southwesterly bank of Carter's Creek for
the North corner of the said 4.145 acre tract;
THENCE along the said Southwesterly bank of Carter's Creek with the following bearings and distances:
South 50°
28' 12"
East 47.64 feet;
South 40
56' 20"
East 25.67 feet;
§outh 36°
01' 57"
East 20.22 feet;
South 67°
36' 11"
East 24.08 feet;
�outh 35°
51' 29"
East 27.66 feet;
,South 47
09'23"
East 24.50 feet;
South 28
42' 22"
East 35.27 feet;
South 40
00' 37"
East 23.29 feet;
South 30°
13' 00"
East 30.00 feet;
South 29°
46' 48"
East 20.14 feet;
South 63°
49' 05"
East 19.19 feet;
South 35
47' 21"
East 28.10 feet;
South 27
04' 57"
East 23.63 feet;
South 19°
52' 27"
East 43.57 feet;
South 24°
05' 22"
East 15.21 feet;
South 21°
44' 24"
East 20.48 feet;
South 32
14' 44"
East 25.01 feet;
South 50
41' 28"
East 20.68 feet;
North 19
42' 12"
East 33.43 feet;
North 10°
38' 08"
East 20.44 feet;
North 55°
27' 45"
East 13.75 feet;
North 89
54' 58"
East 12.37 feet;
South 61°
24' 17"
East 6.16 feet;
South 08
04' 43"
East 2.70 feet;
South 35
47' 55"
West 9.14 feet;
South 01
41' 43"
East 9.54 feet;
South 52°
29' 53"
East 12.59 feet;
'South 30°
44' 29"
East 25.39 feet;
South 39°
33' 07"
East 82.30 feet;
South 56°
43' 22"
East 100.44 feet;
South 48°
53' 47"
East 52.39 feet;
i
South 39° 12' 50" East 69.20 feet;
South 28° 24 East 54.55 feet;
South 07° 26' 05" East 30.20 feet;
South 15° 51' 11" East 20.93 feet;
South 45° 16'47" East 14.12 feet;
North 72 15' 46" East 6.87 feet;
North 07° 29' 34" East 14.99 feet;
North 22 15'37" West 26.00 feet;
North 16° 28'25" East 13.32 feet;
North 59'34'34" East 10.95 feet;
South 66 06' 55" East 12.69 feet;
South 39 38' 25" East 26.30 feet;
South 43° 46' 50" East 31.65 feet;
South 45° 18' 04" East 22.56 feet to a point in the Southerly line of a 150' wide easement granted to Gulf States Utilities as
recorded in Volume 456, Page 380 of the Deed Records of Brazos County, Texas for the East corner of the said 4.145 acre
tract;
THENCE South 82 41' 05" West along the said Southerly line of the GSI 150' wide easement and the said 4.145 acre tract a
distance of 570.15 feet to a point in an Easterly line of the said 12.47 acre tract and a Westerly line of the said 45.12 acre tract
for the most Westerly corner of the said 4.145 acre tract from which a 5/8" iron rod found for a common corner of the said
2.47 and 45.12 acre tracts bears South 00° 19' 42" East 0.55 feet (called South 00° 16' 50" East);
;THENCE North 00° 19' 42" West along a common line between the said 12.47 and 45.12 acre tracts and an interior line of the
said 4.1.45 acre tract a distance of 563.93 feet (called North 00° 19' 42" West) to a 5/8" iron rod found for an angle point of the
said 12.47, 45.12 and 4.145 acre tracts;
THENCE North 53° 53'24" West continuing along a common line between the said 12.47 and 45.12 acre tracts and an interior
line of the said 4.145 acre tract a distance of 215.16 feet (called North 53 52' 13" West 215.17 feet) to the POINT OF
BEGINNING and containing 4.145 acres of land, more or less.
Tract Three: Easement
That certain 2.792 acre tract for a 60' wide access easement out of the Morgan Rector League, Abstract 46, Brazos County,
Texas, and being across a called 9.74 acre tract conveyed to the City of College Station as recorded in Volume 368, Page 336 of
the Deed Records of Brazos County, Texas, said 2.792 acres being more particularly described by metes and bounds as
follows:
Tote: Bearings are referenced to the NAD83 Texas State Plane Coordinate System, Central Zone #4203.
f
BEGINNING at a 1/2" iron rod found in the Southeasterly line of a called 77.62 acre tract conveyed to Richard Smith as
:recorded in Volume 328, Page 75 of the Deed Records of Brazos County, Texas for West corner of a called 12.47 acre tract
Y
onveyed to Bryan D. Jones, Charles Eric Jones and Marshall B. Jones as recorded in Volume 8488, Page 248 (Tract Four)
and Volume 8875, Page 191 (Tract Two) of the Official Public Records of Brazos County, Texas and the North corner of and
the said 9.74 and 2.792 acre tracts;
THENCE South 39° 40' 28" East along a Southwesterly line of the said 12.47 acre tract and the Northeasterly line of the said
9.74 and 2.792 acre tracts a distance of 60.62 feet (called South 39° 37' 26" East) to a point for the East corner of the said 2.792
acre tract;
THENCE South 42 17' 14" West along a Southeasterly line of the said 2.792 acre tract a distance of 610.10 feet to a point for
an interior corner of the said 9.74 acre tract and an angle point of the said 2.792 acre tract;
THENCE South 42° 10' 34" West along a Southeasterly line of the said 9.74 and 2.792 acre tracts a distance of 1420.83 feet
(called South 42° 09' 24" West 1420.83 feet) to a point in the Northeasterly right of way line of State Highway 6 for the South
corner of the said 9.74 and 2.792 acre tracts;
THENCE North 32° 02' 35" West along the said Northeasterly right of way line of State Highway 6 and the Southwesterly line
of the said 9.74 and 2.792 acre tracts a distance of 62.36 feet (called North 32° 02' 35" West 62.36 feet) to a point for the West
corner of the said 9.74 and 2.792 acre tracts;
THENCE North 42 10' 34" East along the Northwesterly line of the said 9.74 and 2.792 acre tracts a distance of 1417.77 feet
(called North 42° 09' 24" East 1403.82 feet) to a 1/2" iron rod found for an angle point;
THENCE North 42° 17' 14" East continuing along the said Northwesterly line of the 9.74 and 2.792 acre tracts a distance of
604.79 feet (called North 42° 16' 08" East 619.04 feet) to the POINT OF BEGINNING and containing 2.792 acres 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 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.
s
TEXAS TITLE I INSURANCE INFORMATION
Title insurance insures you against loss resulting 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.
EI seguro titulo le asegura en relacion a perdidas resultantes de ciertos riesgos que pueden afectar el tftulo de su propiedad.
El Compromise para. Seguro de Titulo es la promesa de la compania aseguradora de titulos de emitir la poliza de seguro de titulo. El
Compromise es un documento legal. Listed debe leerlo cuidadosamente y entenderio completamente antes de la fecha para finalizar
su transaccion.
Your Commitment for Title insurance is a legal contract between you arid 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 Schedules 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 or 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 -877- 788 -9800
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 for the amendment.
If the survey is acceptable to the Company and if the Company's other requirements 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 amendment 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.
- Allow the 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.
1. If you have actual knowledge of any matter which may affect the -title or mortgage covered by this Commitment, that is not shown in
Schedule B. you must notify us in writing. If you do not notify us in writing, our liability to you is ended or reduced to the extent that your
failure to notify us affects our liability. If you do notify us, or we learn of such matter, we may amend Schedule B, but we will not be relieved
of liability already incurred.
2. Our liability is only to you, and others who are included in the definition of 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.
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
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:
"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 of 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 $2,000,000 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 $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 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 attorney's 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
DATE
Form ANT TX -T -7 (08/06): Commitment for Title Insurance
IMPORTANT NOTICE
FOR INFORMATION, OR TO MAKE A COMPLAINT CALL OUR TOLL FREE TELEPHONE NUMBER
1- 877 - 788 -9800
ALSO YOU MAY CONTACT THE TEXAS DEPARTMENT OF INSURANCE AT
1- 800 - 252 -3439
to obtain information on:
1. filing a complaint against an insurance company or agent,
2. whether an insurance company or agent is licensed,
3. complaints received against an insurance company or agent,
4. policyholder rights, and
5. a list of consumer publications and services available through the Department.
YOU MAY ALSO WRITE TO THE TEXAS DEPARTMENT OF INSURANCE
P.O. BOX 149104
AUSTIN, TEXAS 78714-9104
FAX NO. (512) 475 -1771
AVISO IMPORTANTE
PARA INFORMACION, 0 PARA SOMETER UNA QUEJA LLAME AL NUMEEO GRATIS
1- 877 - 788 -9800
TAMBIEN PUEDE COMUNICARSE CON EL DEPARTAMENTO DE SEGUROS DE TEXAS AL
1- 800 - 252 -3439
para obtener information sobre:
1. como someter una queja en contra de una compania de seguros o agente de seguros,
2. si una compania de seguros o agente de seguros tiene licencia,
3. quejas recibidas en contra de una compariia de seguros o agente de seguros,
4. los derechos del asegurado, y
5. una lista de publicaciones y servicios para consumidores disponibies 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
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IMPORTANT NOTICE
FOR INFORMATION, OR TO MAKE A COMPLAINT CALL OUR TOLL FREE TELEPHONE NUMBER
1- 877 - 788 -9800
ALSO YOU MAY CONTACT THE TEXAS DEPARTMENT OF INSURANCE AT
1- 800 - 252 -3439
to obtain information on:
1. filing a complaint against an insurance company or agent,
2. whether an insurance company or agent is licensed,
3. complaints received against an insurance company or agent,
4. policyholder rights, and
5. a list of consumer publications and services available through the Department.
YOU MAY ALSO WRITE TO THE TEXAS DEPARTMENT OF INSURANCE
P.O. BOX 149104
AUSTIN, TEXAS 78714-9104
FAX NO. (512) 475 -1771
AVISO IMPORTANTE
PARA INFORMACION, 0 PARA SOMETER UNA QUEJA LLAME AL NUMEEO GRATIS
1- 877 - 788 -9800
TAMBIEN PUEDE COMUNICARSE CON EL DEPARTAMENTO DE SEGUROS DE TEXAS AL
1- 800 - 252 -3439
para obtener information sobre:
1. como someter una queja en contra de una compania de seguros o agente de seguros,
2. si una compania de seguros o agente de seguros tiene licencia,
3. quejas recibidas en contra de una compariia de seguros o agente de seguros,
4. los derechos del asegurado, y
5. una lista de publicaciones y servicios para consumidores disponibies 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