HomeMy WebLinkAboutTitle Insurance (2) COMMONWEALTH LAND TITLE INSURANCE COMPANY
SCHEDULE A
Effective Date: June 18, 2012 at 08:00 AM GF Number. 152129
Commitment Number: 152129, issued at
1. The 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 POLICY OF TITLE INSURANCE
— ONE -TO -FOUR FAMILY RESIDENCES (Form T -1 R)
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 OF TITLE INSURANCE (Form T -2R)
Policy Amount
PROPOSED INSURED:
Proposed Borrower
(e) MORTGAGEE 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:
WALTER McGRUDER, JAMES McGRUDER, BESSIE OLLISON, CORA L. SIMMIONS, WALTER
McGRUDER, JR., and RUDY L. DOVE
4. Legal description of land:
Being a tract of land contained 0.4580 acre, more or less, Tying and being situated in the MORGAN
RECTOR LEAGUE, A-46, College Station, Brazos County, Texas. Being the same tract of land as recorded
in Volume 133, page 727, Deed Records of Brazos County, Texas, and save and except that tract recorded
in Volume 3667, page 175, Official Records of Brazos County, Texas, and being called to be out of the
Richards Addition to the City of College Station, as recorded in Volume 137, page 25, Deed Records of
Brazos County, Texas, and being more particularly described as follows:
BEGINNING at a 5/8" iron rod found with a yellow faded plastic cap marked "KERR RPLS 4502" for the east
comer of this tract, also being the south comer of the Willie A. Steen tract, as recorded in Volume 825, page
90, Official Records of Brazos County, Texas, and being on the northwest line of the Mancuso Investment,
Ltd., CVM Addition, Lot 1, Block 1, as recorded in Volume 5885, page 98, Official Records of Brazos County,
Texas;
THENCE South 41° 45' 21" West, a distance of lo 1.44 feet along the common line between this tract and
said Lot 1 to a 5/8" iron rod found with an aluminium cap marked "TXDOT ROW MARKER" for the south
corner-of this tract, also being the west comer of said Lot 1, also being on the northeast right of way line of
Texas Avenue South (measured approximate 130' R.O.W.);
r '
SCHEDULE A
(Continued)
GF Number. 152129
THENCE North 49 °28' 28" West, a distance of 88.91 feet along the common line between this tract and said
Texas Avenue South to a 1/2" iron rod with a maroon plastic cap marked "RPLS 6132 -ATM SURV" set for a
west corner of this tract;
THENCE North 4° 25' 10" West, a distance of 21.37 feet along the common line between this tract and said
right of way line of Texas Avenue South to a 1/2" iron rod with a maroon plastic cap marked "RPLS 6132 -
ATM SURV" set for a west comer of this tract, also being at the intersection of said Texas Avenue South,
and the southeast line of Sterling Street (25' R.O.W.);
THENCE North 41° 48' 03" East, a distance of 178.48 feet along the common line between this tract and
said right of way line of Sterling Street to a 1/2" iron rod with a maroon plastic cap marked "RPLS 6132 -
ATM SURV" set for the north comer of this tract, also being the west comer of said Steen tract, from which a
5/8" iron rod found with a yellow plastic cap marked "KERR RPLS 4502" bears N 58° 50' 54" W at a distance
of 2.16 feet;
THENCE South 48° 17' 03" East, a distance of 104.17 feet along the common line between this tract and
said Steen tract to the PLACE OF BEGINNING, containing 0.4580 acres of land, more or Tess.
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.
BRAZOS COUNTY ABSTRACT COMPANY
By:
AUTHORIZED SIGNATURE
FORM T -7: Commitment for Title Insurance (Schedule A) (152129.PFD/152129/50)
•
• SCHEDULE B
EXCEPTIONS FROM COVERAGE
GF Number: 152129
In addition to the Exclusions and Conditions and Stipulations, your Policy will not cover Toss, costs, attorney's
fees, and expenses resulting from: • 1. -- - - - • -. - - -- - - - - -- - -• - -- - ' _ • ct either in
or rlelote+ his e
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,
govemments 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 , 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 fumished to us before a binder is issued.)
8. Liens and leases that affect the titre to the land, but that are subordinate to the lien of the insured
mortgage. (Applies to Mortgagee Policy (T -2R) only.)
9. The Exceptions from Coverage and Express Insurance in Schedule B of the Texas Short Form
Residential Mortgagee Policy of Title Insurance (T -2R). (Applies to Texas Short Form Residential
Mortgagee 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 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.):
1. Rights of Parties in Possession.
FORM T -7: Commitment for Title Insurance (Schedule 8) (152129.PFD/152129/50)
SCHEDULE B
(Continued)
GF Number: 152129
2. Easements, or claims of easements, which are not recorded in the public records.
3. Easement from Sam Richardson, et al to City of Bryan, dated April 14, 1937, recorded in Volume 98, page
214, Deed Records of Brazos County, Texas. 11 , , t t ,
t
4. 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.
5. The Tax Certificate fumished 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.
•
FORM T -7: Commitment for Title insurance (Schedule B) (152129.PFD/152129/50)
' s
SCHEDULE C
GF Number. 152129
Your Policy will not cover loss, costs, attomey'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 •
( 1. ; Abstract of Judgment styled San Antonio Federal Credit Union -vs- Walter McGruder, Jr., in the amount of
$9,434.57, dated December 22, 2009, recorded in Volume 9590, page 148, Official Records of Brazos
County, Texas.
2. Company will require tax certificates on the subject property showing all taxes paid up to and including the
year 2011.
3. Company will require a properly executed Waiver of Inspection.
4. Company will require a properly executed Affidavit as to debts and liens.
5. 'The title insurance policy being issued to you contains an Arbitration Provision. It allows you or the
Company to require arbitration if the amount of Insurance is $2,000,000 or less. If you want to retain your
right to sue the Company in case of a dispute over a claim, you must request deletion of the Arbitration
Provision before the policy is issued. If you are the purchaser in the transaction and elect deletion of the
Arbitration Provision, a form will be presented to you at closing for execution. if you are the lender in the
transaction and desire deletion of the Arbitration Provision, please inform us through your Closing
Instructions."
FORM T -7: Commitment for Title Insurance (Schedule C) (152129.PFD/152129/50)