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HomeMy WebLinkAboutTitle Insurance • • TEXAS COMMITMENT FOR TITLE INSURANCE SCHEDULE A Effective Date: March 11, 2012 at 8:00 a.m. GF No. 00121155 Commitment issued April 10, 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: $44,000.00 PROPOSED INSURED: Billy Chenault or Assigns (b) TEXAS RESIDENTIAL OWNER POLICY OF TITLE INSURANCE - ONE -TO -FOUR FAMILY RESIDENCES (Form T -1R) Policy Amount: $ PROPOSED INSURED: (c) MORTGAGEE POLICY OF TITLE INSURANCE (FORM T -2) Policy Amount: $ PROPOSED INSURED: Proposed Borrower: (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: River Place Property Owners Association, Inc., a Texas Non -Profit Corporation University Title Company Chicago 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. 00121155 4. Legal description of land: See Exhibit A attached hereto and made a part hereof. • SCHEDULE B GF No. 00121155 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): Tract One: Volume 3916, Page 201 (on plat) and Volume 3933, Page 184, Official Records, Brazos County, Texas; Tract Two: Volume 4178, Page 311 (on plat) and Volume 4204, Page 234, Official Records, Brazos County, Texas; Tracts One & Two: Volume 9317, Page 152, Official 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 University Title Company Chicago 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. 00121155 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.) 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. Visible and apparent easements. d. Portion of the property within any roadway. e. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting title that would be disclosed by an accurate and complete land survey of the land. f. Easements and Building Lines as shown on plat recorded in Volume 4718, Page 311 of the Official Records of Brazos County, Texas. (Tract 2) g. Easements and Building Lines as set out in restrictions recorded in Volume 4204, Page 234 of the Official Records of Brazos County, Texas. (Tract 2) h. Maintenance Charges and the Lien securing the payment of the same, as set out in restrictions recorded in Volume 4204, Page 234 of the Official Records of Brazos County, Texas. (Tract 2) i. Blanket Easement: From: Anna Bess Reed To: Ferguson- Burleson Gas Gathering System Dated: May 10, 1993 Recorded: Volume 2206, Page 167, Official Records, Brazos County, Texas. j. Blanket Easement: From: Lohnie Peters Boyett To: Ferguson - Burleson Gas Gathering System Dated: March 9, 1993 Recorded: Volume 2257, Page 116, Official Records, Brazos County, Texas. k. Easement; From: Robo Investments, Inc. To: Devon Gas Services, L.P. • SCHEDULE B - continued GF No. 00121155 Dated: September 19, 2003 Recorded: Volume 5622, Page 219, Official Records, Brazos County, Texas. (Tract 2) 1. Water Permit: From: State of Texas To: Robo Investments, Inc. Dated: March 29, 2002 Recorded: Volume 4568, Page 194, Official Records, Brazos County, Texas. (Tract 2) m. Mineral Reservation in Deed: By: Judith K. Conatser, et al To: Robo Investments, Inc. Dated: January 6, 2000 Recorded: Volume 3701, Page 86, Official Records, Brazos County, Texas. Surface Waivers: Recorded: Volume 3701, Pages 117, 127, 137, 147 and 157, Official Records of Brazos County, Texas. Title to said interest has not been investigated subsequent to the date of the aforesaid instrument. n. Royalty Reservation in Deed: By: Annie McGregor Seeger Dated: 1955 Recorded: Volume 172, Pages 623, 625, 626, 627, 630 and 631, Deed Records of Brazos County, Texas. Title to said interest has not been investigated subsequent to the date of the aforesaid instrument. o. Oil and Gas Lease, and all terms, conditions and stipulations therein: Lessor: Anna Bess Reed Lessee: Kennedy & Mitchell, Inc. Dated: October 6, 1977 Recorded: Volume 29, Page 296, Oil & Gas Lease Records, Brazos County, Texas. Title to said interest has not been investigated subsequent to the date of the aforesaid instrument. p. Oil and Gas Lease, and all terms, conditions and stipulations therein: Lessor: City National Bank, Trustee Lessee: Kennedy & Mitchell, Inc. Dated: September 16, 1977 Recorded: Volume 29, Page 25, Oil & Gas Lease Records, Brazos County, Texas. Title to said interest has not been investigated subsequent to the date of the aforesaid instrument. q. Oil and Gas Lease, and all terms, conditions and stipulations therein: Lessor: Jack Boyett Lessee: Moon Operating, Inc. Dated: December 7, 1992 Recorded: Volume 1667, Page 263, Official Records, Brazos County, Texas. Title to said interest has not been investigated subsequent to the date of the aforesaid instrument. r. Oil and Gas Lease, and all terms, conditions and stipulations therein: Lessor: New First City, Texas - Austin, N.A., Trustee Lessee: Moon Operating, Inc. Dated: December 4, 1992 Recorded: Volume 1667, Page 272, Official Records, Brazos County, Texas. Title to said interest has not been investigated subsequent to the date of the aforesaid instrument. • • Exhibit A Tract One: Field notes of a 1.48 acre tract or parcel of land, lying and being situated in the James Hope Survey, Abstract No. 22, Brazos County Texas, and being all of the 1.48 acre Reserve Tract as shown on the plat of River Place Subdivision Phase One, recorded in Volume 3916, Page 202 of the Official Records of Brazos County, Texas, and said 1.48 acre tract being more particularly described as follows; BEGINNING at the 1/2" iron rod found marking the common Southerly corner between the beforementioned 1.48 acre Reserve Tract and Lot 25 - 2.25 acres, Block 1, River Place Subdivision Phase One, same being in the North, line of a 24.06 acre Lake Tract; THENCE along the common line between the beforementioned 1.48 acre Reserve Tract and the 24.06 acre Lake Tract as follows: S 45° 25' 03" W for a distance of 265.70 feet to a 1/2" iron rod found, S 17° 56' 26" W for a distance of 318.28 feet to a 1/2" iron rod found marking the common corner between said 1.48 acre tract and Lot 26 - 1.72 acres, Block 1, River Place Subdivision Phase One; THENCE N 44° 34' 57" W along the common line between the beforementioned 1.48 acre Reserve Tract and Lot 26, Block 1, River Place Subdivision Phase One for a distance of 226.85 feet to a 1/2" iron rod found marking the common corner between the said 1.48 acre tract and Lot 26, Block 1, in the Southeast right- of-way line of River Ridge Drive - 70' right -of -way; THENCE N 45° 25' 03" E along the Southeast right -of -way line of River Ridge Drive, for a distance of 548.08 feet to a 1/2" iron rod found marking the common corner between the beforementioned 1.48 acre Reserve Tract and Lot 25 - 2.25 acres, Block 1, River Place Subdivision Phase One; THENCE S 44° 34' 57" E along the common line between the beforementioned 1.48 acre Reserve Tract and Lot 25 - 2.25 acres, Block 1, River Place Subdivision Phase One, for a distance of 80.00 feet to the PLACE OF BEGINNING, containing 1.48 acres of land, more or less. Tract Two: That portion of 24.06 acre "Lake Tract ", River Place Subdivision Phase Two, Brazos County, according to plat thereof recorded in Volume 4178, Page 311 of the Official Records of Brazos County, Texas, to be defined by correct survey. 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.