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HomeMy WebLinkAboutTITLE INSURANCECOMMITMENT FOR TITLE INSURANCE Issued By Commonwealth Land Title Insurance Company SCHEDULE A Effective Date: December 3,2012,07:00 am GF No. 29814 Commitment No. , issued December 10, 2012, 09:00 am 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'S POLICY OF TITLE INSURANCE - ONE -TO -FOUR FAMILY RESIDENCES (Form T -IR) Policy Amount: $260,000.00 PROPOSED INSURED: Lawrence Guseman III (c) LOAN POLICY OF TITLE INSURANCE (Form T -2) Policy Amount: PROPOSED INSURED: Proposed Borrower: (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) Binder Amount: PROPOSED INSURED: Proposed Borrower: (fl 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: Mark Timothy Manning and Jamie Manning 4. Legal description of the land: SEE ATTACHED EXHIBIT "A" FORM T -7: Commitment for Title Insurance Page 1 Continuation of Schedule A GF No. 29814 All that certain tract of land lying and being situated in College Station, Brazos County, Texas. Said tract being a portion of Lots 2, 3, and 4, of Block 2, in the WEST PARK ADDITION to the City of College Station, in Brazos County, Texas, as recorded in Vol. 102, page 193, of the Brazos County Deed Records(B.C.D.R.) Also being the some tract of land as recorded in Vol. 5949, page 157, of the Brazos County Official Records(B.C.O.R.), All bearings of this survey are referenced to the Texas State Plane Coordinate System, Central Zone, NAD83(CORS96), and boundary based on called and found northwest line of the previous deed based on an on the ground survey preformed on November 18th, 2012. This description is also referred to the plat prepared_ by ATM Surveying, Project No. 2012 -0138, and being more particularly described as follows: BEGINNING at a 1/2" iron rod found next to a cut -off metal T -post found for the north corner of this tract, also being a point on the southeast line of Fidelity Street(50' R.O.W.), and also being the west corner of the Maureen L. Floyd and Quint L. Floyd tract, as recorded in Vol. 4176, Page 118, of the B.C.O.R.; THENCE South 0 0 30'13" West, a distance of 135.58 feet along the common line between this tract and said Floyd tract to a point on a fencepost for the east corner of this tract, also being the south corner of said Floyd tract, also being a point on the northwest line the Virginia Helen Holik Kettler tract, as recorded in Vol. 116, Page 92, of the B.C.D.R.; THENCE South 89 West, a distance of 129.69 feet along the common line between this tract and said Kettler tract to a 1/2" iron rod with a maroon plastic cap marked "RPLS 6132 - ATM SURV" set for the south corner of this tract, also being the west corner of said Kettler tract, also being a point on the northeast line of Highlands Street(50' R.O.W.); THENCE North 0 0 22'39" East, a distance of 135.48 feet along the common line between this tract and said right -of -way line of Highlands Street to a 1/2" iron rod found in concrete for the west corner of this tract, also being at the intersection of said Highland Street, and said Fidelity Street; THENCE North 89 East, a distance of 129.99 feet along the common line between this tract and said Fidelity Street to the PLACE OF BEGINNING containing 0.4039 acres. FORM T -7: Commitment for Title Insurance Page 2 COMMrrM ENT FOR TITLE INSURANCE Issued By Commonwealth Land Title Insurance Company SCHEDULE B EXCEPTIONS FROM COVERAGE In addition to the Exclusions and Conditions and Stipulations, your Policy will not cover loss, costs, attorneys' 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 of the Deed Records of Brazos County, Texas. 2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments or protrusions, or any overlapping of improvements. Company has approved the current land title survey and upon request, and payment of any promulgated premium, this item will be amended in the policy(ies) to be issued to read: 'shortages in area'. 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 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 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 (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 Loan 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 Loan Policy (T -2) only.) FORM T -7: Commitment for Title Insurance Page 3 Continuation of Schedule B GF No. 29814 9. The Exceptions from Coverage and Express Insurance in Schedule B of the Texas Short Form Residential Loan Policy (T -2R). (Applies to Texas Short Form Residential Loan Policy (T -2R) only. Separate exceptions 1 through 8 of this Schedule B do not apply to the Texas Short Form Residential Loan 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. Twenty-five foot (25 building setback line along front lot line; Twenty foot (20') building setback line along the rear lot line; Fifteen foot (15') building setback line along Highlands Street; Seven and one -half foot (7.5 building setback line along the interior lot line; as shown on survey dated November 18, 2012, prepared by prepared under the supervision of Adam C. Wallace RPLS No. 6132. b. Wood Deck encroaches on front building setback lot line; as shown on survey dated November 18, 2012, prepared by prepared under the supervision of Adam C. Wallace RPLS No. 6132. C. Wood fence not on property line along the side, rear and interior lot lines; as shown on survey dated November 18, 2012, prepared by prepared under the supervision of Adam C. Wallace RPLS No. 6132. d. Any easement that may affect the property, such as roadways, sewer, telephone, water and /or telephone and electrical lines. e. Easements or claims of easements which are not recorded in the public records of Brazos County, Texas. L Rights of parties in possession. FORM T -7: Commitment for Title Insurance P age 4 COMMITMENT FOR TITLE INSURANCE Issued By First American Title Insurance Company SCHEDULE A Effective Date: November 13,2012,08:00 a.m. 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'S POLICY OF TITLE INSURANCE - ONE -TO -FOUR FAMILY RESIDENCES (Form T -1R) Policy Amount: $162,500.00 PROPOSED INSURED: Lawrence Guseman III and /or Assigns (c) LOAN POLICY OF TITLE INSURANCE (Form T -2) Policy Amount: PROPOSED INSURED: Proposed Borrower: (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) Binder Amount: PROPOSED INSURED: Proposed Borrower: (I) OTHER Policy Amount: PROPOSED INSURED: The interest in the land covered by this Commitment is: Fee Simple Record title to the land on the Effective Date appears to be vested in: Virginia Helen Holick Kettler 4. Legal description of the land: GFNo. U125136 The North 39' of Lot Five (5) and the adjoining South 29' of Lot Four (4), Block Two (2), West Park Addition, City of College Station, according to the plat thereof recorded in Volume 102, Page 198, Deed Records, Brazos County, Texas. FORM T -7: Commitment for Title Insurance COMMITMENT FOR TITLE INSURANCE Issued By First American Title Insurance Company SCHEDULE B EXCEPTIONS FROM COVERAGE In addition to the Exclusions and Conditions and Stipulations, your Policy will not cover loss, costs, attorneys' fees, and expenses resulting from: 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. Homestead or community property or survivorship rights, if any, of any spouse of any insured. (Applies to the Owner's Policy only.) 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 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.) Standby fees, taxes and assessments by any taxing authority for the year 2013, 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 Loan 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 Loan Title Policy Binder on Interim Construction Loan only, and may be deleted if satisfactory evidence is furnished to us before a binder is issued.) FORM T -7: Commitment for Title Insurance Continuation of Schedule B GFNo. U125136 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 (T- 2R). (Applies to Texas Short Form Residential Loan Policy (T -2R) only. Separate exceptions l through 8 of this Schedule B do not apply to the Texas Short Form Residential Loan 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. 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 set out in restrictions recorded in Volume 102, Page 613, Deed Records, Brazos County, Texas. g. Oil and Gas Lease, and all terms, conditions and stipulations therein: Lessor: William H. Kettler, et ux Lessee: Robin Investments, Inc. Dated: January 26, 1984 Recorded: Volume 650, Page 3, Official Records, Brazos County, Texas. Title to said interest has not been investigated subsequent to the date of the aforesaid instrument. FORM T -7: Commitment for Title Insurance