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HomeMy WebLinkAboutTitle Insurane • • COMMONWEALTH LAND TITLE INSURANCE COMPANY SCHEDULE B File No. 151652 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): Terms, provisions, covenants, conditions, and restrictions, easements, charges, assessments and liens provided in the Covenants, Conditions and Restrictions recorded in Volume 1225, page 1, Volume 6470, page 152 and Volume 6495, page 123, Official Records of Brazos County, Texas, but omitting any covenant, condition or restrictions, if any, based on race, color, religion, sex, handicap, familial status or national origin unless and only to the extent that the covenant, condition or restrictions (a) is exempt under Title 42 of the United States Code, or (b) related 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'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 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'S 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'S 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 OF TITLE INSURANCE (T -2R) IS ISSUED, THAT POLICY WILL SUBSTITUTE "WHICH BECOME DUE AND PAYABLE SUBSEQUENT TO DATE OF POLICY" IN LIEU OF "FOR THE YEAR 2012 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'S. (APPLIES TO THE LOAN TITLE POLICY BINDER ON INTERIM CONSTRUCTION LOAN ONLY, AND MAY BE DELETED IF SATISFACTORY EVIDENCE IS PROVIDED TO US BEFORE A BINDER IS ISSUED.) • • COMMONWEALTH LAND TITLE INSURANCE COMPANY SCHEDULE B File No. 151652 (Continued) 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.) 9. THE EXCEPTIONS FROM COVERAGE AND EXPRESS INSURANCE IN SCHEDULE B OF THE TEXAS SHORT FORM RESIDENTIAL LOAN POLICY OF TITLE INSURANCE (T -2R). (APPLIES TO TEXAS SHORT FORM RESIDENTIAL LOAN POLICY OF TITLE INSURANCE (T -2R) ONLY. SEPARATE EXCEPTIONS 1 THROUGH 8 OF THIS SCHEDULE B DO NOT APPLY TO THE TEXAS SHORT FORM RESIDENTIAL LOAN POLICY OF TITLE INSURANCE (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's Policy Only) b. Easements, or claims of easements, which are not recorded in the public records. (Owner's Policy Only) c. Easements as shown of record on amending plat of Pebble Creek, Phase 7 -B2, recorded in Volume 6465, page 233, Official Records of Brazos County, Texas. d. Right-of-Way Easement from E. S. Wickes to Humble Pipeline Company, dated July 7, 1919, recorded in Volume 48, page 614, Deed Records of Brazos County, Texas. e. REA Easement from W. R. McCullough, Trustee to the City of Bryan, dated June 8, 1938, recorded in Volume 98, page 83, Deed Records of Brazos County, Texas. f. Right -of -Way Agreement and Easement from Kenneth M. Morris, Trustee to Producer's Gas Company, dated June 1, 1978, recorded in Volume 402, page 89, Deed Records of Brazos County, Texas. g. Pipeline Easement from Kenneth M. Morris, Trustee to Clajon Gas Company, dated January 27, 1981, recorded in Volume 473, page 65, Deed Records of Brazos County, Texas. h. Interest in and to all coal, lignite, oil, gas and other minerals, and ail rights incident thereto contained in Deed from The Federal Land Bank to C. C. Hedges, et al, dated November 2, 1934, recorded in Volume 87, page 533, Deed Records of Brazos County, Texas. Reference to which instrument is here made for particulars. No further search of title has been made as to the interest(s) evidenced by this instrument, and the Company makes no representation as to the ownership or holder of such interest(s). i. Interest in and to all coal, lignite, oil, gas and other minerals, and all rights incident thereto contained in Deed from J. E. Marsh, et ux to Henry B. Clay, dated November 30, 1967, recorded in Volume 266, page 238, Deed Records of Brazos County, Texas. Reference to which instrument is here made for particulars. No further search of title has been made as to the interest(s) evidenced by this instrument, and the Company makes no representation as to the ownership or holder of such interest(s). j. Interest in and to all coal, lignite, oil, gas and other minerals, and all rights incident thereto contained in Deed from Kenneth M. Morris, Trustee to Howard L. Terry et al, dated March 19, 1991, recorded in Volume 1252, page 211, Official Records of Brazos County, Texas. Reference to which instrument is here made for particulars. No further search of title has been made as to the . • • • COMMONWEALTH LAND TITLE INSURANCE COMPANY SCHEDULE B File No. 151652 (Continued) interest(s) evidenced by this instrument, and the Company makes no representation as to the ownership or holder of such interest(s). k. Estate created by Oil and Gas Leases from Vernon F. Runnels, et al to Ameritex Minerals, Inc., dated May 8, 1990, recorded in Volume 1192, page 551; Volume 1192, page 554; Volume 1193, page 783 and Volume 1194, page 209 and as ratified in instruments recorded in Volume 1252, pages 216, 218, 220, 222, 224, 226 and 228, Volume 2672, pages 196 and 215, Official Records of Brazos County, Texas. Title to these leases has not been traced subsequent to the date of the above -cited instruments. I. Estate created by Oil and Gas Leases from Gene R. Mendel, et al to RME Petroleum Company, dated June 14, 2001, recorded in Volume 4188, page 81, Volume 4208, pages 143, 147 and 155, Volume 4218, pages 190 and 194, and Volume 4231, page 319, Official Records of Brazos County, Texas. Title to these leases has not been traced subsequent to the date of the above -cited instruments. m. The terms, conditions and stipulations contained in the Declaration of Covenants, Conditions and Restrictions executed by Pebble Creek Development Company, dated December 4, 1990, recorded in Volume 1225, page 1, supplemented in Volume 6470, page 152 and amended in Volume 6495, page 123, Official Records of Brazos County, Texas. n. Maintenance charge as set forth in the Declaration of Covenants, Conditions and Restrictions executed by Pebble Creek Development Company, dated December 4, 1990, recorded in Volume 1225, page 1 and supplemented in Volume 6470, page 152, Official Records of Brazos County, Texas. o. 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 interests that are not listed. p. The Tax Certificate furnished by the taxing authorities is issued on real estate only. It does not include minerals and/or personal property, therefore, no liability is assumed herein for the payment of said mineral and /or personal property tax. NOTE: FOR INFORMATION ONLY: Lender's File /Loan /Reference Number is 21000082. NOTE: If requested in closing instructions and upon compliance of endorsement requirements, a T -17 and /or T -19 Endorsement will be attached to Loan Title Policy. • • • • COMMONWEALTH LAND TITLE INSURANCE COMPANY SCHEDULE A Effective Date: August 7, 2012 at 8:00 AM File No.: 151652 Commitment issued August 8, 2012 1. 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 -1R) POLICY AMOUNT: $825,000.00 PROPOSED INSURED: NICOLAAS E. DEUTZ and MARIELLE P. ENGELEN (c) LOAN POLICY OF TITLE INSURANCE (Form T -2) POLICY AMOUNT: $417,000.00 PROPOSED INSURED: AMERICAN MOMENTUM BANK PROPOSED BORROWER: NICOLAAS E. DEUTZ and MARIELLE P. ENGELEN (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) POLICY 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: MARIOTT HOMES, INC. - Lot 31 PEBBLE CREEK DEVELOPMENT COMPANY - part Lot 30 BRAZOS COUNTY ABSTRACT COMPANY thorized Signature • • COMMONWEALTH LAND TITLE INSURANCE COMPANY SCHEDULE A File No. 151652 (Continued) 4. LEGAL DESCRIPTION OF THE LAND: Being all that certain lot, tract or parcel of land lying and being situated in Brazos County, Texas and being Lot Thirty -one (31) and part of Lot Thirty (30), Block Thirty -nine (39), PEBBLE CREEK, PHASE 7- B2, an addition to the City of College Station, Texas, according to amending plat recorded in Volume 6465, page 233, Official Records of Brazos County, Texas; said part of Lot 30 being more particularly described by metes and founds as follows: BEGINNING at a found 1/2 inch iron rod marking the common most southerly corner of said Lot 30 and Lot 31, Block 39 of said Pebble Creek, Phase 7 -B2 and being in the northwest right -of -way line of Mission Hills Court (based on a 120 foot width at this location), from whence a found 1/2 inch iron rod marking a Point of Curvature in said Mission Hills Court line bears S 35° 12' 19" W at a distance of 86.69 feet for reference; THENCE N 38° 03' 38" W through the interior of said Lot 30 for a distance of 161.06 feet to a 1/2 inch iron rod set in the northwest line of said Lot 30, from whence a found 1/2 inch iron rod marking the west corner of said Lot 30 bears S 50° 32' 54" W at a distance of 84.27 feet for reference; THENCE N 50° 32' 54" E along said northwest line of Lot 30 for a distance of 17.85 feet to a found 1/2 inch iron rod marking the common most northerly corner of Lots 30 and 31, Block 39 of said Pebble Creek, Phase 7 -B2; THENCE S 31° 45' 13" E along the common line of said Lots 30 and 31 for a distance of 162.48 feet to the POINT OF BEGINNING and containing 0.0330 acres (1437.4 sq. ft) of land, more or less. 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 or quantity 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 2 of Schedule B hereof.