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TEXAS COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
Effective Date: May 13, 2007 at 8:00 a.m. GF No. 00072231
Commitment issued July 19, 2007, 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: $285,000.00
PROPOSED INSURED:
Paul J. Leventis and Ann M. Leventis
(c) MORTGAGEE POLICY OF TITLE INSURANCE (FORM T -2)
Policy Amount: $256,500.00
PROPOSED INSURED:
Compass Bank
Proposed Borrower:
Paul J. Leventis and Ann M. Leventis
(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:
(t) 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:
Jonathan Cassens and Holly A. Cassens
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
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SCHEDULE A - continued
GF No. 00072231
4. Legal description of land:
Lot Five R (5R), Sandstone Addition, according to a Vacating and Resubdivision Plat of Lots 3, 4 & 5, Sandstone
Addition, City of College Station, according to plat thereof recorded in Volume 757, Page 334 of the Official
Records of Brazos County, Texas.
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SCHEDULE B
GF No. 00072231
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 391, Page 586 and Volume 394, Page 601, Deed Records, Brazos County, Texas, and Volume 2431,
Page 305 and Volume 2431, Page 306, 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 2007, 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
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SCHEDULE B - continued
GF No. 00072231
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. 50' building line and 16' utility easement on the east side, 25' building line and 20' utility easement (10' on
property) on the north and southwest sides; as shown on re- subdivision plat recorded in Volume 757, Page 334
of the Official Records of Brazos County, Texas; as set out in restrictions recorded in Volume 391, Page 586
and Volume 394, Page 601 of the Deed Records of Brazos County, Texas; as shown on survey prepared on
April 17, 2000, under the supervision of Dante Carlomagno, R.P.L.S. #1562.
c. Encroachment of existing house into the 50' building line on the east side of the property, as shown on survey
prepared on April 17, 2000, under the supervision of Dante Carlomagno, R.P.L.S. #1562. Note: Upon payment
of the applicable premium and issuance of the T19 endorsement, this exception shall be shown on the Owner's
Policy only.
d. Mineral Reservation in Deed:
By: Elmer Jones, et ux
To: Jonathan Cassens, et ux
Dated: April 20, 2000
Recorded: Volume 3787, Page 52, 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: Elmer J. Jones, et ux
Lessee: Inco Oil Corporation
Dated: November 4, 1991
Recorded: Volume 1411, Page 86, Official Records, Brazos County, Texas. Title to said interest has not
been investigated subsequent to the date of the aforesaid instrument.
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SCHEDULE C •
GF No. 00072231
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 2007 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. 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.
9. 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.
10. 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.)
11. ARBITRATION:
The Owner Policy of Title Insurance (Form T -1) and the Mortgagee Policy of Title Insurance (Form T -2) contain an
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
lb., . • III
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SCHEDULE C - continued
GF No. 00072231
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
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.
12. 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.
13. Twenty -four Month Chain of Title:
We have examined the records of the County Clerk of Brazos County, Texas, as they are reflected in the
geographically indexed title plant of University Title Company and our records reflect that the following is a true and
correct 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 April 20, 2000 and recorded in Volume 3787, Page 52,
Official Records, Brazos County, Texas.
4. Record a Release of Deed of Trust to secure a Note:
1 :
Grantor: Jonathan Cassens and Holly A. Cassens
`/\ Trustee: Don W Ledbetter, L.C.
(/►/ \ Beneficiary: National City Mortgage Co.
V Amount: $168,700.00
Dated: April 24, 2002
Recorded: Volume 4589, Page 262, Official Records, Brazos County, Texas.
University Title Company
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By: �� I .J. ♦ A . . ■ I_�•L .Ia
Authorized Countersi _4 (ppf/rdf)
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SCHEDULE D
GF No. 00072231
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, I1 William P. Foley, II Chairman of the Board/C.E.O
Raymond R. Quirk Raymond R. Quirk President/Chief Operating Officer
Roger S. Jewkes Joseph W. Grealish Executive Vice President
Anthony J. Park Anthony J. Park Chief Financial Officer
Patrick G. Farenga Treasurer
Todd C. Johnson 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 $ 1,831.00
Mortgagee Policy $ 100.00
Endorsement Charges $ 50.0Q
Total $ 1,981.00
University Title Company Fidelity National Title Insurance Company
Texas Commitment (Rev. 1 - - 93) - Schedule D Valid Only if Schedule A, B and C, and Cover are attachal
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• SCHEDULE D
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Of this total amount: or 15.00% will be paid to the policy issuing Title Insurance Company: $ ! ,' or 85.00° will
$ P Po cY g Pant
be retained by the issuing Title Insurance Agent, and the remainder of the estimated premium will be paid to other parties as
follows:
$ AMOUNT TOE ,�� FOR SERVICES
CFS
$
* 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
(4