HomeMy WebLinkAbout11-00500060- 00075863COMMITMENT FOR TITLE INSURANCE
Issued By
Commonwealth Land Title Insurance Company
SCHEDULE A
Effective Date: March 7, 2011, 7:00 am GF No. 27564
Commitment No. , issued March 16,2011,8:50 am
The policy or policies to be issued are:
(a) OWNER'S POLICY OF TITLE INSURANCE (Form T -1)
(Not applicable for improved one -to -four family residential real estate)
Policy Amount:
PROPOSED INSURED:
(b) TEXAS RESIDENTIAL OWNER'S POLICY OF TITLE INSURANCE
- ONE -TO -FOUR FAMILY RESIDENCES (Form T -1 R)
Policy Amount: $135,000.00
PROPOSED INSURED: Matthew S. Frazier
(c) LOAN POLICY OF TITLE INSURANCE (Form T -2)
Policy Amount: $108,000.00
PROPOSED INSURED: Capital One
Proposed Borrower: Matthew S. Frazier
(d) TEXAS SHORT FORM RESIDENTIAL LOAN POLICY OF TITLE INSURANCE (Form T -2R)
Policy Amount:
PROPOSED INSURED:
Proposed Borrower:
(e) LOAN TITLE POLICY BINDER ON INTERIM CONSTRUCTION LOAN (Form T -13)
Binder Amount:
PROPOSED INSURED:
Proposed Borrower:
(f) OTHER
Policy Amount:
PROPOSED INSURED:
The interest in the land covered by this Commitment is: Fee Simple
Record title to the land on the Effective Date appears to be vested in:
BK Home Development, Inc. a Texas corporation
4. Legal description of the land:
All of Lot Number Thirteen (13), Block Number Two (2), HORSE HAVEN ESTATES, PHASE FOUR, an addition to
the City of College Station, Brazos County, Texas, according to the Plat thereof recorded in Volume 8976, page 266 of
the Official Public Records of Brazos County, Texas.
FORM T -7: Commitment for Title Insurance Page I
COMMITMENT FOR TITLE INSURANCE
Issued By
Commonwealth Land Title Insurance Company
SCHEDULER
EXCEPTIONS FROM COVERAGE
In addition to the Exclusions and Conditions and Stipulations, your Policy will not cover loss, costs, attorneys' fees, and expenses
resulting from;
1. The following restrictive covenants of record itemized below (We must either insert specific recording data or delete this
exception):
Volume 7872, page 283, Volume 8592, page 11, Volume 9290, page 250 and as set out on the Plat recorded in Volume
8976, page 266 of the Official Public Records of Brazos County, Texas.
2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments or protrusions, or any overlapping
of improvements. Company has approved the current land title survey and upon request, and payment of any
promulgated premium, this item will be amended in the policy(ies) to be issued to read: 'shortages in area'.
3. Homestead or community property or survivorship rights, if any, of any spouse of any insured. (Applies to the Owner's Policy
only.)
4. Any titles or rights asserted by anyone, including, but not limited to, persons, the public, corporations, governments or other
entities,
a. to tidelands, or lands comprising the shores or beds of navigable or perennial rivers and streams, lakes, bays, gulfs or
oceans, or
b. to lands beyond the line of harbor or bulkhead lines as established or changed by any government, or
C. to filled -in lands, or artificial islands, or
d. to statutory water rights, including riparian rights, or
e. to the area extending from the line of mean low tide to the line of vegetation, or the rights of access to that area or
easement along and across that area.
(Applies to the Owner's Policy only.)
5. Standby fees, taxes and assessments by any taxing authority for the year 2011, and subsequent years; and subsequent taxes
and assessments by any taxing authority for prior years due to change in land usage or ownership, but not those taxes or
assessments for prior years because of an exemption granted to a previous owner of the property under Section 11. 13, Texas
Tax Code, or because of improvements not assessed for a previous tax year. (if Texas Short Form Residential Loan Policy
(T -2R) is issued, that policy will substitute "which become due and payable subsequent to Date of Policy" in lieu of "for the
year and subsequent years. ")
6. The terms and conditions of the documents creating your interest in the land.
7. Materials furnished or labor performed in connection with planned construction before signing and delivering the lien
document described in Schedule A, if the land is part of the homestead of the owner. (Applies to the Loan Title Policy Binder
on Interim Construction Loan only, and may be deleted if satisfactory evidence is furnished to us before a binder is issued.)
8. Liens and leases that affect the title to the land, but that are subordinate to the lien of the insured mortgage. (Applies to Loan
Policy (T -2) only.)
FORM T -7: Commitment for Title Insurance Page 2
Continuation of Schedule B
GF No. 27564
9. The Exceptions from Coverage and Express Insurance in Schedule B of the Texas Short Form Residential Loan Policy (T-
2R). (Applies to Texas Short Form Residential Loan Policy (T -2R) only. Separate exceptions 1 through 8 of this Schedule B
do not apply to the Texas Short Form Residential Loan Policy (T -2R).
10. The following matters and all terms of the documents creating or offering evidence of the matters (We must insert matters or
delete this exception):
a. Encroachment of the house into the Twenty foot (20') building setback line and public utility easement at the
rear of the property, as shown on the survey prepared by or under the supervision of Brad Kerr, R.P.L.S. No.
4502, dated March 11, 2011.
b. Ten foot (10 public utility easement along the front lot line; and a Twenty foot (20 public utility easement
along the rear lot line, as shown and /or noted on the Plat recorded in Volume 8976, page 266 of the Official
Public Records of Brazos County, Texas.
C. Twenty -five foot (25') building setback line and Ten foot (10') public utility easement along the front of the
property; Seven and One -half foot (7.5') building setback line along the interior lot lines; and a Twenty foot
(20') building setback line and public utility easement along the rear of the property, all as shown on the
survey prepared by or under the supervision of.Brad Kerr, R.P.L.S. No. 4502, dated March 11, 2011.
d. Easement granted to Humble Pipe Line Company by J.M. Boriskie as set out in instrument dated July 1.9,
1919, recorded in Volume 49, Page 18 of the Deed Records of Brazos County, Texas, as noted on the survey
prepared by or under the supervision of Brad Kerr, R.P.L.S. No. 4502, dated March 11, 2011.
C. Blanket easement granted to Lone Star Gas Company by V. J. Boriskie and wife, Julia Boriskie as set out in
instrument dated December 14, 1950, recorded in Volume 148, page 417 of the Deed Records of Brazos
County, Texas, as noted on the survey prepared by or under the supervision of Brad Kerr, R.P.L.S. No. 4502,
dated March 11, 2011.
f. Temporary Blanket Utility Easement granted to City of College Station by TDG Management, L.P. as set out
in instrument dated July 17, 2008 and recorded in Volume 8727, page 169 of the Official Public Records of
Brazos County, Texas, as noted on the survey prepared by or under the supervision of Brad Kerr, R.P.L.S.
No. 4502, dated March 11, 2011.
g. Development Agreement by and between the City of College Station, a Texas Home -Rule Municipal
Corporation and Burton Ray Hermann and Virginia Boriskie Hermann, Michael W. Thiltgen and Cheryl
Thiltgen, as partners in the Lydia Boriskie Partnership, dated March 12, 1998 and recorded in Volume 3065,
page 245 of the Official Public Records of Brazos County, Texas and filed of record on March 23, 1998.
h. Development Agreement by and between the City of College Station, a Texas Home -Rule Municipal
Corporation and Lonestar- College Station Golf Academy, Ltd., a Texas limited partnership dated December
14, 2006 and recorded in Volume 7779, page 117 of the Official Public Records of Brazos County, Texas and
filed of record on January 19, 2007 and being amended in that First Amendment dated February 14, 2008
and recorded in Volume 8509, page 44 of the Official Public Records of Brazos County, Texas and tiled on
March 27, 2008.
i. Agreement concerning extension of Appomattox Drive by and between Lonestar- College Station Golf
Academy, Ltd., a Texas limited partnership and KTJ Limited Partnership, One Hundred Sixty - Three, a
Minnesota limited partnership dated January 19, 2006 and recorded in Volume 7783, page 60 of the Official
Public Records of Brazos County, Texas and riled of record on January 22, 2007.
j. Royalty interest in all of the oil, gas and other minerals in and under the herein described property conveyed
to Michael Wayne Thiltgen by Lydia Boriskie in instrument dated February 10, 1982, recorded in Volume
510, page 482 of the Deed Records of Brazos County, Texas. Title to this interest not investigated subsequent
to date of said instrument.
FORM T -7: Commitment for Title Insurance Page 3
Continuation of Schedule B GF No. 27564
k. Royalty interest in all of the oil, gas and other minerals in and under the herein described property conveyed
to Virginia Joy Hermann by Lydia Boriskie in instrument dated February 10, 1982, recorded in Volume 510,
page 493 of the Deed Records of Brazos County, Texas. Title to this interest not investigated subsequent to
date of said instrument.
Mineral Reservation as set out in deed dated April 6, 1.994 from Michael Thiltgen and wife, Cheryl Thiltgen
to Burton Ray Hermann and wife, Virginia Boriski (also spelled as Boriskie) Hermann, recorded in Volume
2085, page 289, Official Public Records of Brazos County, Texas. Title to this interest not investigated
subsequent to date of said instrument.
m. Conveyance of mineral interest from Oakwood Custom Homes Group, Ltd. to Alton E. Ofczarzak, It as set
out in instrument dated December 1, 2004, recorded in Volume 6413, page 169 of the Official Public Records
of Brazos County, Texas. Title to said interest has not been investigated subsequent to date thereof.
n. Estate created by oil, gas and mineral lease granted to Baker Exploration Company by Michael Wayne
Thiltgen, Executor of the Estate of Lydia Frances Boriskie, Deceased by instrument dated July 31, 1990 and
recorded in Volume 1210, page 371 of the Official Public Records of Brazos County, Texas, and all terms,
conditions and stipulations contained therein. Said lease amended in instruments recorded in Volume 1317,
page 199, Volume 1319, page 7 and Volume 2385, page 89, all in the Official Records of Brazos County,
Texas. Title to this lease has not been investigated subsequent to date thereof.
o. Estate created by oil, gas and mineral lease granted to Baker Exploration Company by Virginia Hermann by
instrument dated September 21, 1995 and recorded in Volume 2463, page 13 of the Official Public Records of
Brazos County, Texas, and all terms, conditions and stipulations contained therein. Title to this lease has not
been investigated subsequent to date thereof.
P. Estate created by oil, gas and mineral lease granted to Baker Exploration Company by Michael Wayne
Thiltgen by instrument dated September 21, 1995 and recorded in Volume 2463, page 21 of the Official
Public Records of Brazos County, Texas, and all terms, conditions and stipulations contained therein. Title to
this lease has not been investigated subsequent to date thereof.
q. Mineral Reservation as set out in deed dated March 28, 1998 from Michael W. Thiltgen, Individually and as
Independent Executor of the Estate of Lydia Frances Boriskie, Deceased and Cheryl Thiltgen and Burton
Ray Hermann and Virginia Boriskie Hermann to Lonestar - College Station Golf Academy, Ltd., recorded in
Volume 3077, page 41, Official Public Records of Brazos County, Texas. Title to this interest not investigated
subsequent to date of said instrument.
r. Mineral Reservation as set out in deed dated September 18, 1998 from Michael Thiltgen and Cheryl Thiltgen
to Burton Ray Hermann and Virginia Boriskie Hermann, recorded in Volume 3265, page 115, Official Public
Records of Brazos County, Texas. Title to this interest not investigated subsequent to date of said instrument.
S. Mineral Reservation as set out in deed dated June 28, 2002 from Lydia Boriskie Partnership, composed of
Michael Wayne Thiltgen, Cheryl Thiltgen, Virginia B. Hermann and Burton Ray Hermann, its partners to
Virginia B. Hermann and Burton Ray Hermann, Individually, recorded in Volume 4710, page 271, Official
Public Records of Brazos County, Texas. Title to this interest not investigated subsequent to date of said
instrument.
t. Estate created by oil, gas and mineral lease granted to BK Home Development, Inc. by TDG Management,
L.P. by instrument dated May 24, 2010, recorded in Volume 9640, Page 179 of the Official Public Records of
Brazos County, Texas, and all terms, conditions and stipulations contained therein. Title to this lease has not
been investigated subsequent to date thereof.
U. Mineral Reservation as set out in deed dated June 3, 2010 from Oakwood Custom Homes Group, LTD to
TDG Management, L.P., recorded in Volume 9854, page 291, Official Public Records of Brazos County,
Texas. Title to this interest not investigated subsequent to date of said instrument.
DORM T -7: Commitment for Title Insurance Page 4
Continuation of Schedule B GF No. 27564
V. Surface Waiver by Union Pacific Resources Company, HH Exploration, Inc., Inco Oil Corp., Injoy, Ltd. and
Torch Energy Advisors by Virginia Boriskie Hermann, Burton Ray Hermann and Michael W. Thiltgen,
Individually and as Independent Executor of the Estate of Lydia Frances Boriskie, Deceased by instrument
dated March 17, 1998, recorded in Volume 3077, page 19, Official Public Records, Brazos County, Texas.
W. Surface Waiver by RME Petroleum Corporation (formerly known as Union Pacific Resources Company) by
Michael W. Thiltgen, Independent Executor of the Estate of Lydia Francis Borlskie, Deceased by instrument
dated May l6, 2001, recorded in Volume 4153, page 160, Official Public Records, Brazos County, Texas.
X. Maintenance charges, dues and assessments, and any and all liens against the herein described property
arising from or relating to such maintenance charges, dues and assessments as provided in the Declaration of
Covenants, Conditions and Restrictions recorded in Volume 7872, page 283 of the Official Public Records of
Brazos County, Texas and as ratified in the Declaration of Covenants, Conditions and Restrictions of Horse
Haven Estates, Phase Four, recorded in Volume 9290, page 250 of the Official Public Records of Brazos
County, Texas.
Y. Rights of parties in possession.
FORM T -7: Commitment for Title Insurance Page 5
COMMITMENT FOR TITLE INSURANCE
Issued By
Commonwealth Land Title Insurance Company
SCHEDULE C
Your Policy will not cover loss, costs, attorneys' fees, and expenses resulting from the following requirements that will appear as
Exceptions in Schedule B of the Policy, unless you dispose of these matters to our satisfaction, before the date the Policy is issued:
1. Documents creating your title or interest must be approved by us and must be signed, notarized and filed for record.
2. Satisfactory evidence must be provided that:
a. no person occupying the land claims any interest in that land against the persons named in paragraph 3 of Schedule
A,
b. all standby fees, taxes, assessments and charges against the property have been paid,
C. all improvements or repairs to the property are completed and accepted by the owner, and that all contractors,
subcontractors, laborers and suppliers have been fully paid, and that no mechanic's, laborer's or materialmen's liens
have attached to the property,
d. there is legal right of access to and from the land,
e. (on a Loan Policy only) restrictions have not been and will not be violated that affect the validity and priority of the
insured mortgage.
3. You must pay the seller or borrower the agreed amount for your property or interest.
4. Any defect, lien or other matter that may affect title to the land or interest insured, that arises or is filed after the effective date
of this Commitment.
5. Deed of Trust dated July 23, 2010 from BK Home Development, Inc. to T. Gerry Gamble, Trustee, securing the
payment of one note of even date therewith in the principal sum of $106,250.00, and any other amounts payable under
the terms thereof, payable to First State Bank Central Texas, filed for record with the County Clerk of Brazos
County, Texas, on July 23, 2010, recorded in Volume 9743, page 74 of the Official Public Records of Brazos County,
Texas.
6. Affidavit of Commencement of Construction dated July 23, 2010, executed by Jesse C. Wall, 11 for BK Home
Development, Inc. in instrument recorded in Volume 9743, page 80 of the Official Public Records of Brazos County,
Texas and filed of record on July 23, 2010.
7. Provide evidence that all fees and assessments due Horse Haven Homeowners Association are paid or that none are
due.
8. NOTE: The Policy of Title Insurance to be issued under this Commitment for Title Insurance provides for arbitration
which is a common form of alternative dispute resolution. The rules of the Texas Department of Insurance allow you
to request that such provision be deleted from the Policy at no additional charge to you. Unless you notify us prior to
settlement that you wish to have the Arbitration Provision deleted it will be in the Policy which we issue to you. (Not
applicable to Texas Residential Owner Policy)
Countersigned
Aggieland Title Company
By �( - �
FORM T -7: Commitment for Title Insurance Page 6
COMMITMENT FOR TITLE INSURANCE
SCHEDULE D
GF No. 27564
Effective Date: March 7, 2011, 7:00 am
Pursuant to the requirements of Rule P -21, Basic Manual of Rules, Rates and Forms for the writing of Title Insurance in the State of
Texas, the following disclosures are made:
1. The following individuals are directors and /or officers, as indicated, of the Title Insurance Company issuing this Commitment
Commonwealth Land Title Insurance Company is a wholly owned subsidiary of LandAmerica Financial Group, Inc., a Virginia
Corporation whose securities are publicly traded on the New York Stock Exchange,
Commonwealth Land Title Insurance Company's Officers and Directors are as follows:
Officers:
Directors:
Theodore L. Chandler, Jr., Chairman of The Board
Theodore L. Chandler, Jr.
G. William Evans, Senior Executive Vice President
G. William Evans
Kenneth Astheimer, Executive Vice President
Melissa A. Hill
Ross W. Dorneman, Executive Vice President
David S. Saag
Margaret M. Foster, Executive Vice President
Jeffrey C. Selby
Michelle H. Gluck, Executive Vice President and General Counsel
Melissa A. Hill, Executive Vice President
John A. Magness, Executive Vice President
John M. Obzud, Executive Vice President
Lynn M. Riedel, Executive Vice President
Jeffrey C. Selby, Executive Vice President
James E. Sindoni, Executive Vice President
Jeffrey D. Vaughan, Executive Vice President
Marcy A. Welburn, Executive Vice President
Ronald B. Ramos, Senior Vice President, Assistant Secretary and Treasurer
Christine Vlahcevic, Senior Vice President and Chief Financial Officer
Anna M. King
2. The following disclosures are made by the Title Insurance Agent issuing this Commitment:
owners Directors Officers
William S. Thornton, Jr. William S. Thornton, Jr. William S. Thornton, Jr., President
J. Fred Bayliss Page D. Thornton, Secretary
Page D. Thornton, Treasurer
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 a portion of the premium from the settlement of this transaction will be disclosed on the closing or
settlement statement.
You are further advised that the estimated title premium' is:
Owner's Policy
Loan Policy
Endorsement Charges
Other
Total
$915.50
$100.00
$175.00
$0.00
$1,190.50
Of this total amount: 15% will be paid to the policy issuing Title Insurance Company: 85% will be retained by the issuing Title
Insurance Agent; and the remainder of the estimated premium will be paid to other parties as follows:
Amoun To Whom
For Services
" 'The estimated premium is based upon information furnished to us as of the date of this Commitment for Title Insurance. Final
determination of the amount of the premium will be made at closing in accordance with the Rules and Regulations adopted by the
Commissioner of Insurance."
FORM T -7: Commitment for Title Insurance Page I
DELETION OF ARBITRATION PROVISION
(Not applicable to the Texas Residential Owner's Policy)
Arbitration is a common form of alternative dispute resolution. It can be a quicker and cheaper means to settle
a dispute with your Title Insurance Company. However, if you agree to arbitrate, you give up your right to
take the Title Company to court and your rights to discovery of evidence may be limited in the arbitration
process. In addition, you cannot usually appeal an arbitrator's award.
Your policy contains an arbitration provision (shown below). It allows you or the Company to require
arbitration if the amount of insurance is $2,000,000 or less. If you want to retain your right to sue the
Company in case of a dispute over a claim, you must request deletion of the arbitration provision before
the policy is issued. You can do this by signing this form and returning it to the Company at or before
the closing of your real estate transaction or by writing to the Company.
The arbitration provision in the Policy is as follows:
"Either the Company or the Insured may demand that the claim or controversy shall be submitted to arbitration
pursuant to the Title Insurance Arbitration Rules of the American Land Title Association ( "Rules "). Except as
provided in the Rules, there shall be no joinder or consolidation with claims or controversies of other persons.
Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the
Insured arising out of or relating to this policy, any service in connection with its issuance or the breach of a
policy provision, or to any other controversy or claim arising out of the transaction giving rise to this policy.
All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of
either the Company or the Insured, unless the Insured is an individual person (as distinguished from an Entity).
All arbitrable matters when the Amount of Insurance is in excess of $2,000,000 shall be arbitrated only when
agreed to by both the Company and the Insured. Arbitration pursuant to this policy and under the Rules shall
be binding upon the parties. Judgment upon the award rendered by the Arbitrator(s) may be entered in any
court of competent jurisdiction."
SIGNATURE
DATE
FORM T -7: Commitment for Title Insurance Page 1
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.
COMMITMENT FOR TITLE INSURANCE
Issued by
(O ' Commonwealth
dNU YI'(lf. INN41iN1:1' <UMlnitr
Commitment No. 27564
We, Commonwealth Land 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.
IN WITNESS WHEREOF, COMMONWEALTH LAND TITLE INSURANCE COMPANY has caused its corporate
name and seal to be hereunto affixed by its duly authorized officers, the Commitment to become valid when
countersigned by an authorized officer or agent of the Company.
TX0228 27564
Aggieland Title Company
3740 Copperfield Dr Ste 101
Bryan, TX 77802
Tel 731 -8400
Fax:(979) 731 -8408
Countersigned: 1 �'—"
Authorized Signatory
COMMONWEALTH LAND TITLE INSURANCE COMPANY
AL
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CONDITIONS AND STIPULATIONS
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.
Form 81C13443 (11/2009) T -7 Commitment for Title Insurance
Commonwealth"
&A42 I ML IN5URAk:L GQft ?Ah'J
I LAAS l I I Lt INSURANCE INFORMATION
Title Insurance insures you against loss El seguro de titulo le asegura en relacion a
resulting from certain risks to your title. perdidas resultantes de ciertos riesgos que pueden
The Commitment for Title insurance is the afectar el titulo de su propiedad.
Title Insurance Company's promise to issue El Compromiso para Seguro de Titulo es la
the Title Insurance Policy. The Commitment is a promesa de la compania aseguradora de titulos
legal document. You should review it carefully de emitir la poliza de seguro de titulo. El
to completely understand it before your closing Compromiso es un documento legal. Usted debe
date. leerlo cuidadosamente y entenderlo complemente
antes de la fecha para finalizar su transaccion.
Your Commitment for Title 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. The Policy is not an abstract of title nor does a Company have an
obligation to determine the ownership of any mineral interest.
- -- MINERALS AND MINERAL RIGHTS may not be covered by the Policy. The Company may be
unwilling to insure title unless there is an exclusion or an exception as to Minerals and Mineral Rights in the
Policy. Optional endorsements insuring certain risks involving minerals, and the use of improvements
(excluding lawns, shrubbery and trees) and permanent buildings may be available for purchase. Neither
this Policy, nor the optional endorsements, insure that the purchaser has title to the mineral rights related
to the surface estate.
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 Exception, 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 Texas Department of Insurance by calling
Commonwealth Land Title Insurance Company at 1- 800 - 442 -7067 or by calling the title insurance agent
Form 81C13443 (11/20011) T -7 Commitment for Title Insurance
that issued the Commitment. The Texas Department 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's 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.
Form 81C13443 (11/2009) T -7 Commitment for Title Insurance
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 tenders, 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.
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 oolicv is to maintain
customers' Personal inf for no less than your state's reauired record retention reguiremenls for the puroose of handling future coverage claims
For your protection, all Le9uests 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
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.
Form 81013443 (11/2009) T -7 Commitment for Title insurance