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HomeMy WebLinkAboutTitle InsuranceUNIVERSITY TITLE COMPANY July 23, 2010 Brady Brittain ReMax Texas Heritage HAND DELIVERED Re: UTC# 00102761 Property: Lot 2, Bald Prairie, City of College Station, Brazos County, Texas Dear Brady: In connection with the above referenced property, we are enclosing a copy of the title commitment. A copy has been forwarded to the seller. If you have any questions, please contact a member ofDebbie Hernandez team: Monica Morgan at extension 148 or at monica.morgan@utitle.com, Cynthia Thorell- Randall at extension 124 or at cyitthia .thorell- rndall @utitle.com, or Dana Gonzales at extension 192 or at dana.gonzales@utitle. corn. Sincerely, Closing Services Enclosures Celia Goode - Haddock, President 1021 University Drive East Post Office Drawer DT College Station, Texas 77841 -5079 Telephone: (979) 260 -9818 Fax: (979) 268 -3080 www.utitte.com titleinfo@utitle.com TEXAS COMMITMENT FOR TITLE INSURANCE SCHEDULE A Effective Date: July 7, 2010 at 8:00 a.m. Commitment issued July 20, 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: $252,500.00 PROPOSED INSURED: SBA Investments, LLC or Assigns (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: $126,250.00 PROPOSED INSURED: Proposed Borrower: SBA Investments, LLC or Assigns (d) TEXAS SHORT FORM RESIDENTIAL MORTGAGEE POLICY (Form T -2R) Policy Amount: $ PROPOSED INSURED: Proposed Borrower: (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: Fee simple GF No. 00102761 3. Record Title to the land on the Effective Date appears to be vested in: Earl Douglas Brittain and Carolyn Kay Brittain, Trustees of The Brittain Family Trust dated August 8, 2001 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 SCHEDULE A - continued 4. Legal description of land: GF No. 00102761 Lot Two (2), Bald Prairie Subdivision, Brazos County, according to plat thereof recorded in Volume 321, Page 571 of the Deed Records of Brazos County, Texas. a/-- SCHEDULE B N GF No. 00102761 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, governments or other entities, a, to tidelands, or lands comprising the shores or beds of navigable or perennial rivers and streams, Iakes, 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 Iand. 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 fuuvished 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 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 SCHEDULE B - continued GF No. 00102761 10. The following matters and all terns 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 encroachment, encumbrance, violation, variation, or adverse circumstance affecting title that would be disclosed by an accurate and complete land survey of the land. f. Easements as shown on plat recorded in Volume 321, Page 571 of the Deed Records of Brazos County, Texas. g. Blanket Easement: From: D. Brooks Cofer, Sr., et al To: Wellborn Water Supply Corporation Dated: October 6, 1965 Recorded: Volume 254, Page 292, Deed Records, Brazos County, Texas. ,t� SCHEDULE C GF No. 00102761 Your policy will not cover loss, costs, attorney's fees, and expenses resulting from the following requirements that will appear as Exceptions in Schedule B of the Policy, unless you dispose of these matters to our satisfaction, before the date the Policy is issued: 1. Documents creating your title or interest must be approved by us and must be signed, notarized and filed for record. 2. Satisfactory evidence must be provided that: - no person occupying the land claims any interest in that land against the persons named in paragraph 3 of Schedule A, - all standby fees, taxes, assessments and charges against the property have been paid, - all improvements or repairs to the property are completed and accepted by the owner, and that all contractors, sub - contractors, laborers and suppliers have been 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. 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. Item No. 2 of Schedule B hereof shall be amended to read "shortages in area ", upon our receipt of an acceptable survey. (As to Mortgagee Policy Only) 6. Item No. 5 of Schedule B hereof shall be amended to read "standby fees, taxes and assessments by any taxing authority for the year 2010 and subsequent years, but not those taxes or assessments for prior years because of an exemption granted to a previous owner of the property under Section 11. 13, Texas Tax Code, or because of improvements not assessed for a previous tax year. ", upon payment of applicable premium. (As to Mortgagee Policy T -2 Only) (If Texas Short Form Residential Mortgagee Policy (T -2R) is issued, that policy will substitute "which become due and payable subsequent to Date of Policy" in lieu of "for the year and subsequent years. ") 7. If requested in lenders closing instructions and all of our underwriting requirements are satisfied, we will issue the T17 & T19 Endorsements, upon payment of any applicable premiums. (As to Mortgagee Policy Only) 8. We will require an Affidavit as to Debts and Liens be signed and the original provided to us prior to issuance of any title policies. 9. We will require a Waiver of Inspection (Rights of Parties in Possession) be signed by the Purchaser and the original provided to us prior to issuance of any title policies. 10. We will require an original Tax Certificate be provided, showing all taxes paid current, prior to issuance of any title policies. (If this transaction is not closing in our office, let us know if we need to order the tax certificate.) 11. ARBITRATION: The Owner Policy of Title Insurance (Form T -1) and the Mortgagee Policy of Title Insurance (Form T -2) contain an University Title Company Alliant National Title Texas Commitment T -7 (Rev. 1 -1 -93) -Schedule C Valid Only if Schedule A, 13, D and Cover are attached SCHEDULE C - continued GF No. 00102761 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 form 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: None of Record Vesting Deed to owners shown herein was dated February 27, 2006 and recorded in Volume 7170, Page 278, Official Records, Brazos County, Texas. 14. Record title is as shown on Schedule A. The application reflects Brittain Development, LLC as the seller. Determine the disposition of the interest of Earl Douglas Brittain and Carolyn Kay Brittain, Trustees of The Brittain Family Trust dated August 8, 2001. Additional requirements may be necessary. 15. This transaction involves a trust. Company requires the trustee provide a copy of the trust agreement for review or, in the alternative, the trustee file a certification of trust in the real property records meeting all of the provisions of Section 114.086(a) and (c) of the Texas Property Code, and provide excerpts from the trust agreement sufficient to evidence authority of the trustee to enter into this transaction. 16. As to Brittain Development, LLC, a Limited Liability Company, we will require a Resolution of the Managers specific as to the transaction to confirm who is authorized to execute documents on behalf of the company. NOTE: Closer should be satisfied as to the status of said company and that same is in good standing. 17. As to SBA Investments, LLC, a Limited Liability Company, we will require a Resolution of the Managers specific as to the transaction to confirm who is authorized to execute documents on behalf of the company. NOTE: Closer should be satisfied as to the status of said company and that same is in good standing. SCHEDULE C - continued GF No. 00102761 I .,. GF No. 00102761 Pursuant to the requirements of Rule P -21, Basic Manual of Rules, Rates and Fors 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 • David D. Ginger, President Raymond J. BonA.nno • Robert J. Grubb, Chief Executive Officer Richard W. Stone • Robert Scott Hendrickson, Chief Financial Officer * John R. Baumgart Phyllis J. Mulder, Texas General Counsel * 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 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: Owners Policy $ 1,657.00 Mortgage Policy $ 100.00 Endorsement Charges $ 223.30 Total $ 1,980.30 SCHEDULE D 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 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.