Loading...
HomeMy WebLinkAboutTitle Insurance Fidelity National Title Insurance Company Alamo Title Insurance (Members of the Fidelity National Financial, Inc. group of companies) Fidelity National Financial Group of Companies' Privacy Statement July 1, 2001 We - ,..•cognize and respect the privacy expectations of today's consumers and the requirements of applicable federal and state pr.vacy laws. We believe that making you aware of how we use your non - public personal information ("Personal Information "), arid to whom it is disclosed, will form the basis for a relationship of trust between us and the public that we serve. This Privacy Statement provides that explanation. We reserve the right to change this Privacy Statement from time to time consistent with applicable privacy laws. In the course of our business, we may collect Personal Information about you from the following sources: • From applications or other forms we receive from you or your authorized representative; • From your transactions with, or from the services being performed by, us, our affiliates, or others; • From our interne web sites; • From the public records maintained by governmental entities that we either obtain directly from those entities, or from our affiliates or others; and • From consumer or other reporting agencies. Our Policies Regarding the Protection of the Confidentiality and Security of Your Personal Information We maintain physical, electronic and procedural safeguards to protect your Personal Information from unauthorized access or intrusion. We limit access to the Personal Information only to those employees who need such access in connection with providing products or services to you or for other legitimate business purposes. Our Policies and Practices Regarding the Sharing of Your Personal Information We may share your Personal Information with our affiliates, such as insurance companies, agents, and other real estate settlement service. providers. We also may disclose your Personal Information: to agents, brokers or representatives to provide you with services you have requested; to third -party contractors or service providers who provide services or perform marketing or other functions on our behalf; and - to others with whom we enter into joint marketing agreements for products or services that we believe you may • find of interest. in addition, we will disclose your Personal Information when you direct or give us permission, when we are required by law to do so, or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. One of the important responsibilities of some of our affiliated companies is to record documents in the public domain. Such documents may contain your Personal Information. Right to Access Your Personal Information and Ability To Correct Errors Or Request Changes Or Deletion Certain states afford you the right to access your Personal Information and, under certain circumstances, to find out to whom your_ Personal Information has been disclosed. Also, certain states afford you the right to request correction, amendment or deletion,of your Personal Information. We reserve the right, where permitted by law, to charge a reasonable fee to cover the costs incurred • in responding to such requests. H!1 requests must be made in writing to the following address: - Privacy Compliance Officer Fidelity National Financial, Inc. • • 4050 Calle Real, Suite 220 Santa Barbara, CA 93110 Multiple Products or Services If we provide you with more than one financial product or service, you may receive more than one privacy notice from us We apologize for a: iy inconvenience this may cause you. • THE LLOWING COMMITMENT FOR TITLE II` RANCE IS NOT VALID UNLESS . YOUR NAME AND THE POLICY AMOUNT ARE SHOWN IN SCHEDULE A, AND . _ OUR AUTHORIZED REPRESENTATIVE HAS COUNTERSIGNED BELOW. I IH, le COMMITMENT FOR TITLE INSURANCE ISSUED BY FIDELITY NATIONAL TITLE INSURANCE COMPANY We, FIDELITY NATIONAL TITLE INSURANCE COMPANY, a California corporation, 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 endorse- ments 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. Fidelity National Title Insurance Company ptl[ qs J ( ,' ` p +� � 9 4 4' By SEAL ; ; �� 0 President ATTEST C ?"?'4 (--L' Secretary FORM 1873 TEXAS FORM T -7: COMMITMENT FOR TITLE INSURANCE REPRINTED (01/00) Effective 1 -1-93 TEXAS COMMITMENT FOR TITLE INSURANCE SCHEDULE A Effective Date: August 20, 2001 at 8:00 a.m. GF No. 00012860 Commitment issued September 7, 2001, 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: $505,000.00 PROPOSED INSURED: Andy Restivo (b) TEXAS RESIDENTIAL OWNER POLICY OF TITLE INSURANCE - ONE -TO -FOUR FAMILY RESIDENCES (Form T -I R) Policy Amount: $ PROPOSED INSURED: (c) MORTGAGEE POLICY OF TITLE INSURANCE (FORM T -2) Policy Amount: $404,000.00 PROPOSED INSURED: Proposed Borrower: Andy Restivo (d) MORTGAGEE TITLE POLICY BINDER ON INTERIM CONSTRUCTION LOAN (Form T -13) Binder Amount: $ PROPOSED INSURED: Proposed Borrower: (e) OTHER: Policy Amount: $ PROPOSED INSURED: 2. The interest in the land covered by this Commitment is: Fee Simple 3. Record Title to the land on the Effective Date appears to be vested in: MBO Corporation, a Florida corporation • - 4. Legal description of land: See Exhibit A attached hereto and made a part hereof. University Title Company Fidelity National Title Insurance Company Texas Commitment (Rev. 1 -1 -93) - Schedule A Valid Only if Schedule B and C, and Cover are attached Exhibit A Tract One: Lot Two A (2A), Block One (1), Replat of Lots 1 and 3, Block One, Melrose Subdivision, City of College Station, according to plat thereof recorded in Volume 3020, Page 89 of the Official Records of Brazos County, Texas. Tract Two: "Common Area ", Block One (1), Replat of Lots 1 and 3, Block One, Melrose Subdivision, City of College Station, according to plat thereof recorded in Volume 3020, Page 89 of the Official Records of Brazos County, Texas. • SCHEDULE B GF No. 00012860 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, 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 2001, 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 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.) 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 only.) 9. 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) University Title Company Fidelity National Title Insurance Company Texas Commitment (Rev. 1 -1 -93) - Schedule 13 Valid Only if Schedule A and C, and Cover are attached SCHEDULE B - continued GF No. 00012860 b. Easements as shown on plat recorded in Volume 3020, Page 89 of the Official Records of Brazos County, Texas. (Tract 2) c. Easement: From: MBO Corporation To: City of Bryan Dated: November 4, 1997 Recorded: Volume 2970, Page 163, Official Records, Brazos County, Texas. (Tract 2) d. Mineral Reservation in Deed: By: Paul Woods, et ux To: MBO Corporation Dated: May 24, 1996 Recorded: Volume 2611, Page 256, Official Records, Brazos County, Texas. Title to said interest has not been investigated subsequent to the date of the aforesaid instrument. e. Oil and Gas Lease, and all terms, conditions and stipulations therein: Lessor: Paul K. Woods, et ux Lessee: Union Pacific Resources Company Dated: October 9, 1996 Recorded: Volume 2725, Page 283, Official Records, Brazos County, Texas. Title to said interest has not been investigated subsequent to the date of the aforesaid instrument. SCHEDULE C GF No. 00012860 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 2001 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 Only) 7. 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. 8. 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. 9. 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.) 10. ARBITRATION: The Owner Policy of Title Insurance (Form T -1) and the Mortgagee Policy of Title Insurance (Form T -2) contain an arbitration provision. It allows the Insured or the Company to require arbitration if the amount of insurance is $1,000,000 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 University Title Company Fidelity National Title Insurance Company • Texas Commitment (Rev. 1 -1 -93) - Schedule C Valid Only if Schedule A and B. and Cover are attached SCHEDULE C - continued GF No. 00012860 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. 11. If subject transaction will utilize a prior survey, we will require a full size, legible copy of said survey, with 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. For a copy of the underwriting guidelines, please call our office. NOTE: While a survey may be acceptable for insuring purposes, all surveys are subject to final approval by lender. 12. Record a Partial Release of Deed of Trust to secure a Note: Grantor: MBO Corp., a Florida corporation Trustee: Charles A. Ellison Beneficiary: Isaac W. Zisselman Amount: $800,000.00 Dated: July 20, 1999 Recorded: Volume 3548, Page 161, Official Records, Brazos County, Texas. (Tract 1) 13. We must be furnished with a Corporate Resolution of the Board of Directors of MBO Corporation, a Florida corporation, 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. 14. ABSTRACTOR'S NOTE: Tracts One and Two are noncontiguous. University Title Company (A0A1 By: horized Countersignature (LEL /jai) • %fj SCHEDULE D GF. No. 00012860 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 of FIDELITY NATIONAL TITLE INSURANCE COMPANY: DIRECTORS OFFICERS William P. Foley, 11 William P. Foley, II C.E.O /Chairman Frank P. Willey Patrick F. Stone President Patrick F. Stone Frank P. Willey Executive Vice President Alan L. Stinson Ronald R. Maudsley Executive Vice President Raymond R. Quirk Darryl J. Tyson Executive Vice President Alan L. Stinson Executive Vice President, Treasurer & C.F.O. M'Liss Jones Kane Senior Vice President, Secretary Fidelity National Financial, Inc. owns 100% of Fidelity National Title Insurance Company. 2. The following disclosures are made by the Title Insurance Agent Issuing this Commitment: a. The names 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. Each shareholder, owner, partner or other person having, owning or controlling ten percent (10 %) or more of an entity that has, owns or controls one percent (1 %) or more of the Title Insurance Agent that will receive a portion of the premium are as follows: not applicable c. The following persons are officers and directors of the Title Insurance Agent: 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: Owner Policy $ 3,535.00 Mortgagee Policy $ 100.00 Endorsement Charges $ 75.00 Total $ 3,710.00 University Title Company Fidelity National Title insurance Company Texas Commitment (Rev. 1 -1 -93) - Schedule D Valid Only if Schedule A, B and C, and Coyer are attached SCHEDULE D GF No. 00012860 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. This Commitment is invalid unless the insuring provisions and Schedules A, B and C are attached. • University Title Company Fidelity National Title Insurance Company Texas Commitment (Rev. 1 -1 -93) - Schedule D Valid Only if Schedule A, B and C, and Cover are attached UNIVERSITY TITLE COMPANY PRIVACY POLICY We Are Committed to Safeguarding Customer Information In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information - particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include: • Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means; • Information about your transactions with us, our affiliated companies, or others; and • Information we receive from a consumer - reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real privacy policy.doc Page 1 of 2 • estate services, such as appraisal companies, home warranty companies, and escrow companies. Furthermore, we may also provide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy. We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. privacy policy.doc Page 2 of 2