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HomeMy WebLinkAboutTitle Report • • TITLE 12EPOKT Nu,; E12251,4 Celli %Atkin balkit May 14, 2012 Examiner LEL rrepenty Peauisttien: Being all of thal ct.r. lain tract or parcel ot land lying ancl bent; situated in GrAege Stalkm, Brazos County, Texas SIX' bang al of Lot Twenty -seun (2 and 4 of Lot Twenty-six (26). Block Nine (Peof the West Park AOaition to the City of College Swoon, according lo a plat reccrdext n '1.1olurne 102: Page19$ of the Deed Po(d 4 Brazos County, Texas, hang mom particularly descrted as folows. BEGINNING as an Iron rod at the Sount corner of said Lot 27, sarre eeng in the Northwest right f oVtly line of Grave Street, TliENCE. N W - 150,06 feet or the mammon ine a said LI3i 27 geld Lot 28 Zan iron rod for c rrr . THENCE: N 45* 0C1 E - 75 00 ieet along the Normwes1 line of said Lola 27 and .e76. to an irrei rod for comer: THENCE S 45° CO E - 150 Da feet 30)39S said Let 25 to an irr.n rod for corner si said Grtnile Street lire for corner: THENCE S 45° CC1' - 75.00 feet along sad &Due Street line to the PLACE OF BEGINNING, and containing 0.256 at;res c lanO, morn .;4 I. NOTE' The Corriparry is orrinilmed from insuring Ins area or eirentrty me land descrtital heroin Any statement el the above legal *ascription of the area or quantity of land is not a rehresentabon that such area c.r quantity '25 correct but is mace or4 tor informational andlor zderibtoation porposes ar.i does rot override !tern 2 of Schedule B hereof Titli Vsffled.Jn: Stitojeset fa: Record a Release of Deen Trusl •Ic. secure a None Grantor Donald Kith Sewell Trustee. Julius C. Dunlap Bienenclary American Momentum Bank Amount S123,175.00 Dated: December 15, 2010 Recorded Volume 956B, Page 177, Offal Records. Brazes County, Texas, 5a4 Noto tong addilienaly seourei by Assignment of Rents Dated. December 15, 2010 Reoorded: Volume 9958, Page 184, Official Records. Brazos Courtly, Texas Rewrd a Release of Financing Statement Debtor Donald Keel Sewell Secured P aerfi Arnerean Momentum Bank Dated: Decerncer 2(110 Recorded, Clent's Pik No. 10-C<I3t244525, Te OTSWEI Rid% • Restractionsi Veturne 102, Page 1513 and Volume 256, Pa 5C5, Nett Retxoes, Brazos Coonty, Imes Esseptiotar: Easements and Bialdng Lnies sot ma in rostnclions reccnJed in Vo tome 102, Pace 613, Dee': Records Brazos Coin ly, Tesaa UpHI esamitution if the public repords Brazos County, Texa s. we find no exception to title of tire subject property miser than those shown *bake. Tilt Title. Report issued with the empress untierstaudimg. EVideniced by acceptance oltairte, that die liability °lithe andersigned Li limited to the actual monetary consideration pall for SAllit. niversity Title C'ompany • • f TEXAS COMMITMENT FOR TITLE INSURANCE SCHEDULE A Effective Date: April 17, 2012 at 8:00 a.m. GF No. 00120834 Commitment issued May 24, 2012, 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: $ PROPOSED INSURED: (b) TEXAS RESIDENTIAL OWNER POLICY OF TITLE INSURANCE - ONE -TO -FOUR FAMILY RESIDENCES (Form T -1R) Policy Amount: $222,500.00 PROPOSED INSURED: Donald Keith Sewell (c) MORTGAGEE POLICY OF TITLE INSURANCE (FORM T -2) Policy Amount: $194,097.00 PROPOSED INSURED: Citizens Bank Proposed Borrower: Donald Keith Sewell (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 3. Record Title to the land on the Effective Date appears to be vested in: Southgate Ltd., a Texas Limited Partnership 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 • • SCHEDULE A - continued GF No. 00120834 4. Legal description of land: Lots Twenty -eight (28), Twenty -nine (29) and the northeast 1/2 of Lot Thirty (30), Block Nine (9), West Park Addition, City of College Station, according to plat thereof recorded in Volume 102, Page 193 of the Deed Records of Brazos County, Texas. • • • SCHEDULE B GF No. 00120834 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): Volume 102, Page 613 and Volume 266, Page 505, Deed Records, Brazos County, Texas, but deleting any covenants, conditions or restrictions indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, or national origin unless and only to the extent that said covenant (a) is exempt under Chapter 42, Section 3607 of the United States Code or (b) relates to handicap but does not discriminate against handicapped persons. 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 2012, 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.) 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.) University Title Company Fidelity National Title Insurance Company Texas Commitment (Rev. 1 -1 -93) - Schedule B Valid Only if Schedule A and C, and Cover are attached • • SCHEDULE B - continued GF No. 00120834 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). 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." (LENDER'S POLICY ONLY) c. 25' building line on the southeast side; 7.5' building line on the southwest and northeast side 20' building line on the northwest side; as set out in restrictions recorded in Volume 102, Page 613 of the Deed Records of Brazos County, Texas; as shown on survey prepared on March 20, 2012, under the supervision of Adam C. Wallace, R.P.L.S. #6132. d. Encroachment of existing house into the 20' building line on the northwest side of the property, as shown on survey prepared on March 20, 2012, under the supervision of Adam C. Wallace, R.P.L.S. #6132. Note: Upon payment of the applicable premium and issuance of the T19 endorsement, this exception shall be shown on the Owner's Policy only. e. Any Claim or right of adjoining property owner(s) to that strip of land lying between the fence and the boundary line on the northeast side of the property, as shown on survey prepared on March 20, 2012, under the supervision of Adam C. Wallace, R.P.L.S. #6132. (OWNER POLICY ONLY) f. Fence lies outside the property on the southwest side of the property, as shown on survey prepared on March 20, 2012, under the supervision of Adam C. Wallace, R.P.L.S. #6132. (OWNER POLICY ONLY) g. Oil and Gas Lease, and all terms, conditions and stipulations therein: Lessor: Jackson W. Wagner, et ux Lessee: Robin Investments, Inc. Dated: February 2, 1984 Recorded: Volume 650, Page 50, 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. 00120834 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 2012 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. If requested in lenders closing instructions and upon payment of applicable premium, we will issue the T -53 Texas Limited Coverage Residential Chain of Title Policy. 9. 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. 10. 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. University Title Company Fidelity National Title Insurance Company Texas Commitmcnt (Rev. 1 -1 -93) - Schedule C Valid Only if Schedule A and B, and Cover are attached • SCHEDULE C - continued GF No. 00120834 11. 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.) 12. 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 $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. 13. 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. 14. Twenty-four Month Chain of Title: The following is a 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 June 28, 1991 and recorded in Volume 1287, Page 240, Official Records, Brazos County, Texas. 15. Record a Partial Release of Deed of Trust to secure a Note: Grantor: Southgate Ltd., a Texas limited partnership Trustee: Robert K. Nordhaus Beneficiary: First American Bank, SSB, a Texas state savings bank Amount: $100,000.00 Dated: April 2, 2002 Recorded: Volume 4568, Page 111, Official Records, Brazos County, Texas. University Title Company By: Authorized Countersignature (Ibj /rdf) SCHEDULE D GF No. 00120834 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 Officers and/or Directors of: CHICAGO TITLE INSURANCE COMPANY, a Nebraska corporation Officers: Directors: President Raymond Randall Quirk Kevin Donald Lutes Executive Vice President Anthony John Park Erika Meinhardt Secretary Michael Louis Gravelle Raymond Randall Quirk Treasurer Daniel Kennedy Murphy Roger Scott Jewkes Anthony John Park Theodore L. Kessner Fidelity National Financial, Inc. owns 100% of Fidelity National Title Group, Inc., which owns 100% of Chicago Title and Trust Company, which owns 100% of Chicago Title Insurance Company. 2. The following disclosures are made by the Title Insurance Agent Issuing this Commitment: a. The names of each shareholders, owner, partner or other person having or controlling one percent (1 %) or more of the Title Insurance Agent that will receive a portion of the premium as follows: Celia Goode - Haddock William C. Lipsey Michael R. Hoelscher Karen McCanoll b. Each shareholder, owner, partner, or other person having or controlling 10 percent (10 %) or more of any entity that has, owns or controls one percent (1 %) or more of the Title Insurance Agent that will receive a portion of the premium as follows: not applicable c. The following persons are officers and directors of the Title Insurance Agent: Celia Goode - Haddock, Chairman/CEO and Director Karen McCarroll, President/COO and Director Joseph Poteet, Senior Vice President and Director Michael R. Hoelscher, Vice President and Director William C. Lipsey, Secretary/Treasurer and Director 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 $ 1,497.00 Loan Policy $ 100.00 Endorsement Charges $ 18730 Other $ Total $ 1,78430 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 • SCHEDULE D GF No. 00120834 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 Commissioner of Insurance. 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