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HomeMy WebLinkAboutTitle Insurance(b tom !po nwe althYnTw:-H ommc[ ; CONPANY: Policy No.: TX0228 -81- 26754- 2010.8139843- 82427131 OWNER'S POLICY OF TITLE INSURANCE (T -1) Issued by COMMONWEALTH LAND TITLE INSURANCE COMPANY Any notice of claim and any other notice or statement in writing required to be given the Company under this Policy must be given to.the Company at the address shown in Section 18 of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS, COMMONWEALTH LAND TITLE INSURANCE COMPANY, a Nebraska corporation (the "Company ") insures, as of Date of Policy and, to the extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of. 1. Title being vested other than as stated in Schedule A. 2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from: (a) A defect in the Title caused by: (i) forgery, fraud, undue influence, duress, incompetency, incapacity or impersonation; (ii) failure of any person or Entity to have authorized a transfer or conveyance; (iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized or delivered; (iv) failure to perform those acts necessary to create a document by electronic means authorized by law; (v) a document executed under a falsified, expired or otherwise invalid power of attorney; (vi) a document not properly filed, recorded or indexed in the Public Records including failure to perform those acts by electronic means authorized by law; or (vii) a defective judicial or administrative proceeding. (b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid. (c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. The term "encroachment" includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land. (d) Any statutory or constitutional mechanic's, contractor's, or materialman's lien for labor or materials having its inception on or before Date of Policy. 3. Lack of good and indefeasible Title. 4. No right of access to and from the Land. 5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting or relating to: (a) the occupancy, use or enjoyment of the Land; (b) the character, dimensions or location of any improvement erected on the Land; (c) subdivision of land; or (d) environmental protection if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to the extent of the violation or enforcement referred to in that notice. 6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice. 7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records. 8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge. 9. Title being vested other than as stated in Schedule A or being defective: 8139843 (2110) Owner's Policy of Title Insurance T -1 (2/01/10) (a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency or similar creditors' rights laws; or (b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state insolvency or similar creditors' rights laws by reason of the failure of its recording in the Public Records: (i) to be timely, or (ii) to impart notice of its existence to a purchaser for value or a judgment or lien creditor. 10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The Company will also pay the costs, attorneys' fees and expenses incurred in defense of any matter insured against by this Policy, but only to the extent provided in the Conditions. e' a-" AXL Authorized Signatory TX0228 26754 Aggieland Title Company 3740 Copperfield Dr Ste 101 Bryan, TX 77802 Tel:(979) 731 -8400 Fax:(979) 731 -8408 COMMONWEALTH LAND;TITLE,INSUftANCE.C SEAL` F� A1`fL?5'7' Ih+�ldeat f 8139843 (2110) Owner's Policy of Tide Insurance T 1 (2/01/10) f COMiv10NWEALTH LAND TITLE INSURANCE COMPANY TEXAS RESIDENTIAL OWNER'S POLICY OF TITLE INSURANCE ONE -TO -FOUR FAMILY RESIDENCES SCHEDULE A Policy Number: 82427131 Policy Date: October 4, 2010, at 09:40 am Policy Amount: $350,000.00 Premium: $2,178.00 1. Name of Insured: Crawford- Burnett Investment, LLC 2. We insure your interest in the land covered by this Policy is: Fee Simple 3. Legal Description of land: SEE ATTACHED EXHIBIT "A" FORM T -1R: Texas Residential Owner's Policy of Title Insurance File Number: 26754 Page 1 Continuation of Schedule A Policy No. 82427131 EXHIBIT "A" Being called a 6.21 acre tract or parcel of land lying and being situated in the CRAWFORD BURNETT SURVEY, Abstract No. 7 of Brazos County, Texas, and being part of the Alton B. Williams, Sr. tract as recorded in Volume 144, page 609 and Volume 156, page 332 of the Deed Records of Brazos County, Texas, and being described moreover as follows: BEGINNING at an iron rod marking the western most corner of the Alton B. Williams, Sr. tract, said iron rod being located in the southern right -of -way of Luther Street; THENCE N 43 24 E for a distance of 254.74 feet to an iron rod for a corner; THENCE S 48 41' 14" E for a distance of 422.75 feet to an iron rod for a corner; THENCE N 45 30' 49" E for a distance of 73.05 feet to an iron rod for a corner, said iron rod being located in the southern right -of -way of F. M. 2818; THENCE S 44 34' 00" E for a distance of 20.80 feet to a concrete monument; THENCE S 22 37' 00" E for a distance of 112.30 feet to a concrete monument; THENCE S 54 54' 00" E for a distance of 100.00 feet to a concrete monument; THENCE S 74 17' 00" E for a distance of 255.59 feet to an iron rod for a corner; THENCE S 43 22' 56" W for a distance of 441.19 feet to an iron rod for a corner; THENCE N 45 51'42" W for a distance of 874.07, feet to an iron rod for a corner and PLACE OF BEGINNING for an area of 6.21 acres of land, more or less, and being the same property described in the deed dated August 14, 1979, from Mary L. Williams, et al to Ervin M. Williams, Sr. and wife, Mildred. Williams, recorded in Volume 433, Page 39 of the Deed Records of Brazos County, Texas. Note: The Company is prohibited from insuring the area or quantity of the land described herein. Any statement in the above legal description of the area of land is not a representation that such area or quantity is correct, but is made only for informational and /or identification purposes and does not override Item No. 2 of Schedule B. FORM T -1R: Texas Residential Owner's Policy of Title Insurance Page 2 COM1viONWEALTH LAND TITLE INSURANCh COMPANY TEXAS RESIDENTIAL OWNER'S POLICY OF TITLE INSURANCE ONE -TO -FOUR FAMILY RESIDENCES SCHEDULE B Policy Number: 82427131 EXCEPTIONS We do not cover loss, costs, attorneys' fees and expenses resulting from: 1. The f ell ., a,ag rc. `- �crxcirsrovo�na File Number: 26754 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'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. 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. 6. The following matters and all tern of the documents creating or offering evidence of the matters (We must insert matters or delete this exception.): a. Mineral Reservation as set out in deed dated October 1, 2010 from Ervin M. Williams, Sr. and Mildred Williams to Crawford- Burnett Investment, LLC, recorded in Volume 9852, page 235, Official Public Records of Brazos County, Texas. Title to this interest not investigated subsequent to date of said instrument. b. Easements or claims of easements which are not recorded in the public records of Brazos County, Texas. C. Blanket Easement granted to Sinclair Relining Company by Sophronia Rush in instrument dated April 3, 1947, recorded in Volume 132, Page 18 of the Deed Records of Brazos County, Texas, and shown on a survey dated April, 2001, prepared by or under the supervision of Henry P. Mayo, RPLS No. 5045. d. Blanket Easement granted to The City of Bryan by Alton Williams and Mazelle Williams as set out in instrument dated August 7, 1950, recorded in Volume 144, Page 114 of the Deed Records of Brazos County, Texas. FORM T -1R: Texas Residential Owner's Police of Title Insurance Page 3 Continuation of Schedule B Policy No. 82427131 e. Sanitary Sewer, Lift Station and Access Easement granted to City of College Station, Texas by Ervin Maurice Williams as set out in instrument dated January 3, 2001, recorded in Volume 4047, Page 29 of the Official Public Records of Brazos County, Texas. f. Public Utility Easement granted to City of College Station, Texas by Ervin M. Williams, Sr. and wife, Mildred Williams as set out in instrument dated June 10, 2003, recorded in Volume 5363, Page 57 of the Official Public Records of Brazos County, Texas. Said easement having been partially assigned in instrument recorded in Volume 6210, page 82 of the Official Public Records of Brazos County, Texas. g. Public Utility Easement granted to City of Bryan, Texas d /b /a Bryan Texas Utilities by Ervin M. Williams, Sr. and wife, Mildred Williams as set out in instrument dated July 12, 2005, recorded in Volume 6786, Page 187 of the Official Public Records of Brazos County, Texas. h. Mineral Reservation as set out in deed dated June 10, 1950 from Saphronia Thomeston to Alton B. Williams, Sr. and wife, Mozelle Williams, recorded in Volume 144, page 609, Deed Records of Brazos County, Texas. Title to this interest not investigated subsequent to date of said instrument. i. Estate created by oil, gas and mineral lease granted to Chaparral Minerals, Inc. by Ervin M. Williams, Sr. and wife, Mildred Williams by instrument dated May 15, 1981, recorded in Volume 39, Page 391 of the Oil, Gas and Mineral Lease Records of Brazos County, Texas, and all terms, conditions and stipulations contained therein. Said lease having been amended by instrument recorded in Volume 654, page 476 of the Official Public Records of Brazos County, Texas. Title to this lease has not been investigated subsequent to date thereof. j. Estate created by oil, gas and mineral lease granted to Apache Corp. by Ervin M. Williams, Sr. by instrument dated September 15, 1993, recorded in Volume 2019, Page 277 of the Official Public Records of Brazos County, Texas, and all terms, conditions and stipulations contained therein. Said lease having been amended by instrument recorded in Volume 2115, page 276 and ratified by instrument recorded in Volume 2165, page 342, both of the Official Public Records of Brazos County, Texas. Title to this lease has not been investigated subsequent to date thereof. k. Estate created by oil, gas and mineral lease granted to Ogden Resources Corporation by Charles N. Carter in instrument dated February 10, 1996 recorded in Volume 2541, page 72 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. 1. Estate created by oil, gas and mineral lease granted to Ogden Resources Corporation by Floyd Henry Carter in instrument dated February 10, 1996 recorded in Volume 2541, page 76 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. m. Estate created by oil, gas and mineral lease granted to Ogden Resources Corporation by Alvin Ruth Carter Flowers in instrument dated February 10, 1996 and recorded in Volume 2542, page 220 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. n. Estate created by oil, gas and mineral lease granted to Union Pacific Resources Company by George Henry Montague by instrument dated October 10, 1996 and recorded in Volume 2734, page 226 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. o. Estate created by oil, gas and mineral lease granted to Union Pacific Resources Company by Ervin M. Williams, Sr. by instrument dated October 9, 1996, recorded in Volume 2704, Page 283 of the Official Public Records of Brazos County, Texas, and all terms, conditions and stipulations contained therein. Said lease having been ratified by instrument recorded in Volume 2708, page 307 of the Official Public Records of Brazos County, Texas. Title to this lease has not been investigated subsequent to date thereof. FORM T -1R: Texas Residential Owner's Policy of Title Insurance Page 4 Continuation of Schedule B Policy No. 82427131 P. 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. q. Rights of parties in possession. Countersigned Aggieland Title Company BY FORM T -1R: Texas Residential Owner's Policy of Title Insurance Page 5 Commonwealth Land Title Insurance Company Texas Residential Owner's Policy Number.: 82427131 GF No. 26754 Premium Amount Rate Rules Property County Liability Date Type Code 1 2 3 4 5 6 7 8 $2,178.00 1000 41 $350,000.00 10/04/2010