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HomeMy WebLinkAboutTITLE INSURANCECommitment for Title Insurance (T -7) ISSUED BY First American Title Insurance Company Commitment THE FOLLOWING COMMITMENT FOR TITLE INSURANCE IS NOT VALID UNLESS YOUR NAME AND THE POLICY AMOUNT ARE SHOWN IN SCHEDULE A AND OUR AUTHORIZED REPRESENTATIVE HAS COUNTERSIGNED BELOW. We FIRST AMERICAN TITLE INSURANCE COMPANY will issue our title insurance policy or policies (the Policy) to You (the proposed insured) upon payment of the premium and other charges due, and compliance with the requirements in Schedule B and Schedule C. Our Policy will be in the form approved by the Texas Department of Insurance at the date of issuance, and will insure your interest in the land described in Schedule A. The estimated premium for our Policy and applicable endorsements is shown on Schedule D. There may be additional charges such as recording fees, and expedited delivery expenses. This Commitment ends ninety (90) days from the effective date, unless the Policy is issued sooner, or failure to issue the Policy is our fault. Our liability and obligations to you are under the express terms of this Commitment and end when this Commitment expires. First American Title Insurance Company .•�pPOg Dennis J. Gilmore President ,- SEPTEMBER 24, �, a ••, 1968 Timothy Kemp Secretary Form 5017448 (2/1/10) Page 1 of 4 Heritage Title Company of Austin, Inc. 401 Congress Avenue, Suite 1500 Austin, Texas 78701 512.505.5000 •512.505.5024 fax www.heritagetitleofaustin.cum T -7 Commitment for Title Insurance (Rev. 2 -1 -10) Texas COMMITMENT FOR TITLE INSURANCE Issued By First American Title Insurance Company SCHEDULE A Effective Date: August 27,2012,8:00 AM Issued: September 13, 2012, 1:02 PM 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: American Campus Communities (b) TEXAS RESIDENTIAL OWNER'S POLICY OF TITLE INSURANCE - ONE -TO -FOUR FAMILY RESIDENCES (Form T -1R) Policy Amount: PROPOSED INSURED: (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 -211) Policy Amount: PROPOSED INSURED: Proposed Borrower: Binder Amount: PROPOSED INSURED: Proposed Borrower: (f) OTHER Policy Amount: PROPOSED INSURED: Proposed Borrower: GF No. 201202452 FORM T -7: Commitment for Title Insurance SCHEDULE A - continued GF No. 201202452 2. The interest in the land covered by this Commitment is: Leasehold Estate created by that certain Memorandum of Lease, dated , executed by and between Texas A &M University, as Lessor, and American Campus Communities, as Lessee, evidenced by Memorandum of Lease recorded in Volume , Page of the Official Records of Brazos County, Texas. (TO BE RECORDED AT CLOSING) 3. Record title to the land on the Effective Date appears to be vested in: Texas A &M University 4. Legal description of the land: TRACT 1: Being all of that certain tract or parcel of land containing 5.392 acres, more or less, situated in the Joseph E. Scott Survey, Abstract No. 50, Brazos County, Texas, said tract being more particularly described by metes and bounds shown on Exhibit "A" attached hereto and made a part hereof. TRACT 2: Being all of that certain tract or parcel of land containing 4.540 acres, more or less, situated in the Joseph E. Scott Survey, Abstract No. 50, Brazos County, Texas, said tract being more particularly described by metes and bounds shown on Exhibit "B" attached hereto and made a part hereof. TRACT 3: Being all of that certain tract or parcel of land containing 2.256 acres, more or less, situated in the Joseph E. Scott Survey, Abstract No. 50, Brazos County, Texas, said tract being more particularly described by metes and bounds shown on Exhibit "C" attached hereto and made a part hereof. 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 information and /or identification purposes and does not override Item 2 of Schedule B, hereof. FORM T -7: Commitment for Title Insurance Tract 1 Metes and Bounds Description for 5.392 Acres Block 9, of the Second Revision of Oak Terrace Addition Being a 5.392 acre tract located in the Joseph E. Scott Survey, Abstract No, 50, Brazos County, Texas; being all of Block 9, of the Second Revision of Oak Terrace Addition, a subdivision as shown on mop or plot recorded in Volume 152, Page 237, of the Brazos County Deed Records, and conveyed in deed to Texas A &M University, recorded in Volume 1146, Page 571 and in Volume 2775, Page 345, of said deed records; said 5.392 acre tract of land more particularly described as follows: BEGINNING at a 5/8 —inch iron rod with cap found for the northerly cutback corner ct the intersection of southeasterly right —of —way line of Inlow Boulevard (width varies) and the southwesterly right —of —way line of Culpepper Drive (based on a width of 60.00 feet) as shown on said mop of the Second Revision of Oak Terrace Addition and being the most northerly corner of said Block 9; THENCE, South 48'01'33" East, 800.48 feet, along the southwesterly right —of —way line of Culpepper Drive and the northeasterly line of Block 9, to a 5/8 —inch iron rod with cap found for a cutback curve at the intersection with the northwesterly right —of —woy line of Cross Street (based on a width of 50.00 feet), as shown on said map of the Second Revision of Oak Terrace Addition; THENCE in a southerly direction, along a cutback curve and an easterly line of Block 9, with a curve to the right, having a central angle of 90'00'58 ", a radius of 30.00 feet, an arc length of 47.13 feet, and a chord bearing and distance of South 03'01'04" East, 42.43 feet to a 5/8 —inch iron rod with cap found for the point of tangency, THENCE, South 41'59'25" West, 224.03 feet, along the northwesterly right —of —woy line of Cross Street and the southeasterly line of Block 9, to a 5/8 —inch iron rod with cap found for a cutback curve at the intersection with the northerly right —of —way line of Milom Avenue (based on a width of 50.00 feet), as shown on said map of the Second Revision of Oak Terrace Addition; THENCE in a westerly direction, along a cutback curve and the southerly line of Block 9, with a curve to the right, having a central angle of 89'59'02 ", a radius of 30.00 feet, on arc length of 47.12 feet, and a chord bearing and distance of South 86'58'56" West, 42.42 feet to a 5/8 —inch iron rod with cap found for the point of tongency, THENCE, North 48'01'33" West, 546.89 feet, along the northeasterly right—of—way line of Milom Avenue and the southwesterly line of Block 9, to a 5/8 —inch iron rod with "GS" cap set for on angle point; THENCE, North 56'56'39" West, 157.99 feet, along the northeasterly right —of —way line of Milom Avenue and the southwesterly line of Block 9, to a 5/8 —inch iron rod with "GS" cap set for a cutback curve at the intersection with the southeasterly right —of —way line of Inlow Boulevard, from which a found 5/8- -inch iron rod with cap bears South 73' East, 2.81 feet; THENCE in a northerly direction, along a cutback curve and the westerly line of Block 9, with a curve to the right, having a central angle of 78'28'07 ", a radius of 30.00 feet, on arc length of 41.09 feet, and a chord bearing and distance of North 17'42'36" West, 37.95 feet to a 5/8 —inch iron rod with "GS" cap set for the point of tongency, from which a found 5/8 —inch iron rod with cap bears South 63' East, 4.06 feet; THENCE, North 21'31'28" East, 265.63 feet, along the southeasterly right —of —way line of Inlow Boulevard and the northwesterly line of Block 9, to a 5/8 —inch iron rod with "GS" cap set for a cutback curve at the intersection with the southwesterly right—of—way line of Culpepper Drive, from which a found 5/8 —inch iron rod with cop bears South 28' West, 0.63 feet; THENCE in an easterly direction, along a cutback curve and the northerly line of Block 9, with a curve to the right, having a central angle of 110'26'59 a radius of 30.00 feet, an arc length of 57.83 feet, and a chord bearing and distance of North 76'44'58" East, 49.28 feet to the POINT OF BEGINNING and containing 5.392 acres (234,871 square feet) of land. i i i i EXHIBIT A Tract 2 Metes and Bounds Description for 4.540 Acres Block 10, of the Second Revision of Oak Terrace Addition Being a 4.540 acre tract located in the Joseph E. Scott Survey, Abstract No. 50, Brazos County, Texas; being all of Block 10, of the Second Revision of Oak Terrace Addition, a subdivision as shown on map or plot recorded in Volume 152, Page 237, of the Brazos County Deed Records, and conveyed in deed to Texas A &M University, recorded in Volume 1146, Page 571 and in Volume 2775, Page 345, of said deed records; said 4.540 acre tract of land more particularly described as follows: BEGINNING at a 5/8 —inch iron rod with "GS" cop set for the northerly cutback corner at the intersection of southeasterly right —of —way line of Inlow Boulevard (width varies) and the southwesterly right —of —way line of Milam Avenue (based on a width of 50.00 feet) as shown on said map of the Second Revision of Oak Terrace Addition and being the most northerly corner of said Block 10, from which o found 5/8 —inch iron rod with cap bears South 24' West, 2.20 feet; THENCE, South 56'56'39" East, 142.92 feet, along the southwesterly right —of —way line of Milam Avenue and the northeasterly line of Block 10, to a 5/8 —inch iron rod with "GS" cop set for an angle point; THENCE, South 48'01'33" East, 542.99 feet, along the southwesterly right —of —way line of Milam Avenue and the northeasterly line of Block 10, to a 5/8 —inch iron rod with "GS" cap set for o cutback curve at the intersection with the northwesterly right —of —way line of Cross Street (based on a width of 50.00 feet), as shown on said map of the Second Revision of Oak Terrace Addition; THENCE in a southerly direction, along a cutback curve and the easterly line of Block 10, with a curve to the right, having o central angle of 90'00'58 ", a radius of 30.00 feet, an arc length of 47.13 feet, and o chord bearing and distance of South 03'01'04" East, 42.43 feet to a 5/8 —inch iron rod with cap set for the point of tangency, THENCE, South 41'59'25" West, 220.03 feet, along the northwesterly right —of —way line of Cross Street and the southeasterly line of Block 10, to o cutback curve at the intersection with the northeasterly right —of —way line of Dogwood Street (based on a width of 50.00 feet), as shown on said map of the Second Revision of Oak Terrace Addition, from which a found 5/8 —inch iron rod with cop bears South 47' East, 0.19 feet; THENCE in a westerly direction, along o cutback curve and the southerly line of Block 10, with a curve to the right, having a central angle of 89'59'02 ", a radius of 30.00 feet, an arc length of 47.12 feet, and a chord bearing and distance of South 86'58'56" West, 42.42 feet to the point of tongency, from which a found 1/2 —inch iron rod with cop bears South 47' East, 0.22 feet; THENCE, North 48'01'33" West, 629.36 feet, along the northeasterly right —of —way line of Dogwood Street and the southwesterly line of Block 10, to a cutback curve at the intersection with the southeasterly right —of —way line of Inlow Boulevard, from which a found 5/8 —inch iron rod (bent) bears South 09' West, 0.17 feet; THENCE in o northerly direction, along a cutback curve and the westerly line of Block 10, with a curve to the right, having a central angle of 76'07'07 ", a radius of 30.00 feet, on arc length of 39.86 feet, and a chord bearing and distance of North 09'57'59" West, 36.99 feet to a 5/8 —inch iron rod with cop found for the point of tongency, THENCE, North 28'05'34" East, 205.46 feet, along the southeasterly right —of —way line of Inlow Boulevard and the northwesterly line of Block 10, to a 5/8 —inch iron rod with "GS" cop set for a cutback curve at the intersection with the southwesterly right —of —way line of Milam Avenue, from which o found 5/8 —inch iron rod with cop bears South 28' West, 2.28 feet; THENCE in an easterly direction, along a cutback curve and the northerly line of Block 10, with a curve to the right, having a central angle of 94 "57'47 ", a radius of 29.00 feet, on arc length of 48.07 feet, and a chord bearing and distance of North 75'34'27" East, 42.75 feet to the POINT OF BEGINNING and containing 4.540 acres (197,780 square feet) of land. EX11011 ••3" Tract 3 Metes and Bounds Description for 2.256 Acres Lots 1 -10, Block 12, of the Second Revision of Oak Terrace Addition Being a 2.256 acre tract located in the Joseph E. Scott Survey, Abstract No. 50, Brazos County, Texas; being all of Lots 1 through 10, Block 12, of the Second Revision of Oak Terrace Addition, a subdivision as shown on mop or plat recorded in Volume 152, Page 237, of the Brazos County Deed Records, and conveyed in deed to Texas A &M University, recorded in Volume 1146, Page 571 and in Volume 2775, Page 345, of said deed records; said 2.256 acre tract of land more particularly described as follows: BEGINNING at a 5/8 —inch iron rod found for the westerly corner of Lot 10, the northerly corner of Lot 11, of said the Second Revision of Oak Terrace Addition, the northerly corner of that certain tract of land conveyed in deed to The Most Reverend Gregory M, Aymond, Bishop of Diocese of Austin, recorded in Volume 4710, Page 59, of said deed records, being in the southeasterly right —of —way line of Cross Street (based on a width of 50.00 feet) as shown on said map of the Second Revision of Oak Terrace Addition, and being in the northwesterly line of said Block 12; THENCE, North 41'59'25" East, 649.95 feet, along the southeasterly right —of —way line of Cross Street and the northwest line of Block 12, to a cutback curve at the intersection with the southwesterly right —of —way line of Culpepper Drive (based on a width of 60.00 feet), as shown on said map of the Second Revision of Oak Terrace Addition, from which a found 5/8 —inch iron rod with cap bears North 42' West, 0.23 feet; THENCE in on easterly direction, along a cutback curve and the northerly line of Block 12, with a curve to the right, having a central angle of 89'59'02 ", a radius of 30.00 feet, an arc length of 47.12 feet, and a chord bearing and distance of North 86'58'56" East, 42.42 feet to the point of tangency, from which a found 5/8 —inch iron rod with cap bears North 22' West, 0.18 feet; THENCE, South 48'01'33" East, 114.79 feet, along the southwesterly right —of —way line of Culpepper Drive, to a 5/8 —inch iron rod with cop found for the easterly corner of Lot 1, Block 12, and being in the northwesterly line of that certain called 4.953 acre tract of land (Tract 1), as conveyed in deed to Culpepper Family L.P., recorded in Volume 4073, Page 34, of said deed records; THENCE, South 41'59'25 West, 679.94 feet, along the northwesterly line of said 4.963 acre tract, to a 5/8 —inch iron rod with cap found in the northwesterly line of The Ramparts (Vacating and Resubdivision), a subdivision as shown on map or plat recorded in Volume 517, Page 705, of said deed records, being the southerly corner of said Lot 10 and the easterly corner of said Lot 11; THENCE, North 48'01'33" West, 144.78, along the common line of said Lots 10 and 11 to the POINT OF BEGINNING and containing 2.256 acres (98,248 square feet) of land. GF No. 201202452 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 471, Page 409 of the Deed Records of Brazos County, Texas. (TRACT 1) Volume 1668, Page 221 of the Official Records of Brazos County, Texas. (ALL TRACTS) (But omitting any covenant or restriction 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 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 2012 and subsequent years. ") 6. The terms and conditions of the documents creating your interest in the land. 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 SCHEDULE B - continued GF No. 201202452 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 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. Utility easement 5 feet in width along the rear property line(s), as shown by the Plat(s) recorded in Volume 152, Page 237 of the Deed Records of Brazos County, Texas. (ALL TRACTS) b. Utility easement 5 feet in width along the northerly property line(s), as shown by the Plat(s) recorded in Volume 152, Page 237 of the Deed Records of Brazos County, Texas. (LOT 2 OF TRACT 1) C. Utility easement 5 feet in width along the southerly property line(s), as shown by the Plat(s) recorded in Volume 152, Page 237 of the Deed Records of Brazos County, Texas. (LOT 3 OF TRACT 1) d. Utility easement 5 feet in width along the westerly property line(s), as shown by the Plat(s) recorded in Volume 152, Page 237 of the Deed Records of Brazos County, Texas. (LOTS 5 AND 23 OF TRACT 1 AND LOTS 4 AND 18 OF TRACT 2) e. Utility easement 5 feet in width along the easterly property line(s), as shown by the Plat(s) recorded in Volume 152, Page 237 of the Deed Records of Brazos County, Texas. (LOTS 12 AND 17 OF TRACT 1 AND LOTS 9 AND 13 OF TRACT 2) L Utility easement 5 feet in width along the southerly property line(s), as shown by the Plat(s) recorded in Volume 152, Page 237 of the Deed Records of Brazos County, Texas. (LOTS 5 AND 10 OF TRACT 3) g. Utility easement 5 feet in width along the northerly property line(s), as shown by the Plat(s) recorded in Volume 152, Page 237 of the Deed Records of Brazos County, Texas. (LOT 6 OF TRACT 3) h. Building setback 25 feet in width along the front property line(s), as shown by the Plat(s) recorded in Volume 152, Page 237 of the Deed Records of Brazos County, Texas. (ALL TRACTS) i. Building setback 25 feet in width along the Culpepper Drive property line(s), as shown by the Plat(s) recorded in Volume 152, Page 237 of the Deed Records of Brazos County, Texas. (LOT 4 OF TRACT 1) j. Building setback 25 feet in width along the Milam Avenue property line(s), as shown by the Plat(s) recorded in Volume 152, Page 237 of the Deed Records of Brazos County, Texas. (LOT 1 OF TRACT 1 AND LOTS 3 AND 10 OF TRACT 2) L Building setback 25 feet in width along the Dogwood Street property line(s), as shown by the Plat(s) recorded in Volume 152, Page 237 of the Deed Records of Brazos County, Texas. (LOTS 1 AND 12 OF TRACT 2) Building setback 10 feet in width along the Culpepper Drive property line(s), as shown by the Plat(s) recorded in Volume 152, Page 237 of the Deed Records of Brazos County, Texas. (LOT 1 OF TRACT 3) M. Building setback 10 feet in width along the Culpepper Drive property line(s), as shown by the Plat(s) recorded in Volume 152, Page 237 of the Deed Records of Brazos County, Texas. (LOT 13 OF TRACT 1) n. Building setback 10 feet in width along the Milam Avenue property line(s), as shown by the Plat(s) recorded in Volume 152, Page 237 of the Deed Records of Brazos County, Texas. (LOT 15 OF TRACT 1) o. Building setback 30 feet in width along the front property line(s), as set forth in instrument recorded in FORM T -7: Commitment for Title Insurance SCHEDULE B - continued GF No. 201202452 Volume 471, Page 409 of the Deed Records of Brazos County, Texas. (TRACT 1) P. Building setback 10 feet in width along the side property line(s), as set forth in instrument recorded in Volume 471, Page 409 of the Deed Records of Brazos County, Texas. (TRACT 1) q. Building setback 5 feet in width along the rear property line(s), as set forth in instrument recorded in Volume 471, Page 409 of the Deed Records of Brazos County, Texas. (TRACT 1) r. Building setback 30 feet in width along the front property line(s), as set forth in instrument recorded in Volume 1668, Page 221 of the Official Records of Brazos County, Texas. (ALL TRACTS) S. Building setback 10 feet in width along the side property line(s), as set forth in instrument recorded in Volumc 1668, Page 221 of the Official Records of Brazos County, Texas. (ALL TRACTS) t. Building setback 15 feet in width along the street side property line(s), as set forth in instrument recorded in Volume 1668, Page 221 of the Official Records of Brazos County, Texas. (ALL TRACTS) U. Building setback 5 feet in width along the rear property line(s), as set forth in instrument recorded in Volume 1668, Page 221 of the Official Records of Brazos County, Texas. (ALL TRACTS) V. The terms, conditions and stipulations of that certain Memorandum of Lease, dated , executed by and between Texas A &M University, as Lessor, and American Campus Communities, as Lessee, evidenced by Memorandum of Lease recorded in Volume , Page of the Official Records of Brazos County, Texas. (TO BE RECORDED AT CLOSING) W. Rights of tenants in possession, as tenants only, under unrecorded lease agreements. X. Easements, or claims of easements, which are not recorded in the public records. Y- Rights of parties in possession. (Owner Policy Only) FORM T -7: Commitment for Title Insurance GF No. 201202452 COMMITMENT FOR TITLE INSURANCE Issued By First American Title Insurance Company SCHEDULE C Your Policy will not cover loss, costs, attorneys' 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: a. no person occupying the land claims any interest in that land against the persons named in paragraph 3 of Schedule A, b. all standby fees, taxes, assessments and charges against the property have been paid, C. all improvements or repairs to the property are completed and accepted by the owner, and that all contractors, subcontractors, laborers and suppliers have been fully paid, and that no mechanic's, laborer's or materialmen's liens have attached to the property, d. there is legal right of access to and from the land, e. (on a Loan 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. This Company must follow Procedure Rule P -27 as set out by the Department of Insurance in disbursing funds provided by the Assured and /or Insured on Schedule "A" of this Commitment. Good. Funds shall be in possession of the title company prior to any disbursements. Good Funds shall be as defined in Rule P -27, and include cash or wire transfers, certified, cashier's or teller checks. 6. For each entity that will execute any document in connection with the proposed closing (AND any other entity executing said document on its behalf), this company must be furnished the following authority and existence documentation: (a) Corporation - Certificate of Existence from the Secretary of State, Articles of Incorporation from the Secretary of State, and a properly executed Corporate Resolution (in recordable form) to support the proposed transaction. (b) Limited Liability Company - Certificate of Existence from the Secretary of State, Articles of Organization from the Secretary of State, copy of Regulations (and any Amendments thereto), and Secretary's Certificate (in recordable form). (c) General Partnership - copy of Partnership Agreement (and any Amendments thereto). (d) Limited Partnership - Certificate of Limited Partnership from the Secretary of State, Certificate of Existence from the Secretary of State, copy of Limited Partnership Agreement (and any Amendments), and evidence of consent of limited partners (in recordable form), if required. (e) Joint Venture - copy of Joint Venture Agreement (and any Amendments thereto). FORM T -7: Commitment for Title Insurance SCHEDULE C - continued GF No. 201202452 f) Trust - copy of the Trust Agreement (and any Amendments thereto) for review or, in the alternative, the Trustee must fide a Certification of Trust in the real property records meeting all of the provisions of Section 114.086(a) and (c) of the Texas Property Code, and provide excerpts from the Trust Agreement sufficient to evidence authority of the Trustee to enter into this transaction. 7. NOTE: The last recorded deed to convey the subject property (or a portion thereof) is dated October 5, 1989, filed for record on October 6, 1989, recorded in Volume 1146, Page 571 and Volume 2775, Page 345 of the Official Records of Brazos County, Texas, executed by Brazos Duplexes, Inc., a Texas corporation to Texas A &M University. 8. Company must be furnished a satisfactory Affidavit of Debts and Liens executed by Seller(s). 9. Company must be furnished a satisfactory Waiver of Inspection executed by Purchaser(s). 10. THIS COMMITMENT MUST BE UPDATED PRIOR TO CLOSING AND FUNDING. NOTICE: 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 Loan Closing Instructions. APPLIES TO LOAN POLICY ONLY. FORM T -7: Commitment for Title Insurance GF No. 201202452 COMMITMENT FOR TITLE INSURANCE SCHEDULED 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, as indicated, of the Title Insurance Company issuing this Commitment UNDERWRITER: First American Title Insurance Company, a California Corporation Shareholder owning or controlling, directly or indirectly, ten percent or more of the share of the Underwriter: First American Title Insurance Company is a wholly owned subsidiary of First American Financial Corporation, a public Company formed in Delaware. Directors: Dennis J. Gilmore, Timothy V. Kemp, Mark E. Seaton, Christopher M. Leavell, Jeffrey S. Robinson Officers: President: Dennis J. Gilmore; Senior Vice President, Secretary: Timothy V. Kemp; and Chief Financial Officer: Max O. Valdes 2. The issuing Title Insurance Agent, Heritage Title Company of Austin, Inc., is a corporation whose shareholders owning or controlling, directly or indirectly, 1% or more of said corporation (or owning or controlling 10% or more of any entity that owns 1 % or more of the Agent), directors, and officers are listed below: Owners of 10% or more: Gary S. Farmer, Jan Cox Dwyer and Laura A. Beuerlein Officers: Gary S. Farmer - President, Brenda K. Hindsman - Secretary and Laura A. Beuerlein - Treasurer Board of Directors: Gary S. Farmer, Jan Cox Dwyer and Laura A. Beuerlein 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 a portion of the premium 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's Policy $0.00 Loan Policy $0.00 Endorsement Charges $0.00 Other $0.00 Total $0.00 Of this total amount: 15% will be paid to the policy issuing Title Insurance Company: 60% will be retained by the issuing Title Insurance Agent; and the remainder of the estimated premium will be paid to other parties as follows: Amo T W hom 25.00% University Title Company For Servic Title Evidence '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 Commissioner of Insurance. FORM T -7: Commitment for Title Insurance GF No. 201202452 DELETION OF ARBITRATION PROVISION (Not applicable to the Texas Residential Owner's Policy) Arbitration is a common form of alternative dispute resolution. It can be a quicker and cheaper means to settle a dispute with your Title Insurance Company. However, if you agree to arbitrate, you give up your right to take the Title Company to court and your rights to discovery of evidence may be limited in the arbitration process. In addition, you cannot usually appeal an arbitrator's award. Your policy contains an arbitration provision (shown below). 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. You can do this by signing this form and returning it to the Company at or before the closing of your real estate transaction or by writing to the Company. The arbitration provision in the Policy is as follows: "Either the Company or the Insured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Title Association ( "Rules "). Except as provided in the Rules, there shall be no joinder or consolidation with claims or controversies of other persons. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Insured arising out of or relating to this policy, any service in connection with its issuance or the breach of a policy provision, or to any other controversy or claim arising out of the transaction giving rise to this policy. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured, unless the Insured is an individual person (as distinguished from an Entity). All arbitrable matters when the Amount of Insurance is in excess of $2,000,000 shall be arbitrated only when agreed to by both the Company and the Insured. Arbitration pursuant to this policy and under the Rules shall be binding upon the parties. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court of competent jurisdiction." SIGNATURE DATE FORM T -7: Commitment for Title Insurance TEXAS TITLE INSURANCE INFORMATION Title insurance insures you against loss resulting from certain risks to your title. The commitment for Title Insurance is the title insurance company's promise to issue the title insurance policy. The commitment is a legal document. You should review it carefully to completely understand it before your closing date. El seguro de titulo le asegura en relaci6n a perdidas resultantes de ciertos riesgos que pueden afectar el titulo de su propiedad. El Compromiso para Seguro de Titulo es la promesa de la compania aseguradora de titulos de emitir la p6liza de seguro de titulo. El Compromiso es un documento legal. Usted debe leerlo cuidadosamente y enterderlo completamente antes de la fecha para finalizar su transacci6n. Your Commitment for Title Insurance is a legal contract between you and us. The Commitment is not an opinion or report of your title. It is a contract to issue you a policy subject to the Commitment's terms and requirements. Before issuing a Commitment for Title Insurance (the Commitment) or a Title Insurance: Policy (the Policy), the Title Insurance Company (the Company) determines whether the title is insurable. This determination has already been made. Part of that determination involves the Company's decision to insure the title except for certain risks that will not be covered by the Policy. Some of these risks are listed in Schedule B of the attached Commitment as Exceptions. Other risks are stated in the Policy as Exclusions. These risks will not be covered by the Policy. The Policy is not an abstract of title nor does a Company have an obligation to determine the ownership of any mineral interest. - MINERALS AND MINERAL RIGHTS may not be covered by the Policy. The Company may be unwilling to insure title unless there is an exclusion or an exception as to Minerals and Mineral Rights in the Policy. Optional endorsements insuring certain risks involving minerals, and the use of improvements (excluding lawns, shrubbery and trees) and permanent buildings may be available for purchase. If the title insurer issues the title policy with an exclusion or exception to the minerals and mineral rights, neither this Policy, nor the optional endorsements, ensure that the purchaser has title to the mineral rights related to the surface estate. Another part of the determination involves whether the promise to insure is conditioned upon certain requirements being met. Schedule C of the Commitment lists these requirements that must be satisfied or the Company will refuse to cover them. You may want to discuss any matters shown in Schedules B and C of the Commitment with an attorney. These matters will affect your title and your use of the land. When your Policy is issued, the coverage will be limited by the Policy's Exceptions, Exclusions and Conditions, defined below. - EXCEPTIONS are title risks that a Policy generally covers but does not cover in a particular instance. Exceptions are shown on Schedule B or discussed in Schedule C of the Commitment. They can also be added if you do not comply with the Conditions section of the Commitment. When the Policy is issued, all Exceptions will be on Schedule B of the Policy. - EXCLUSIONS are title risks that a Policy generally does not cover. Exclusions are contained in the Policy but not shown or discussed in the Commitment. - CONDITIONS are additional provisions that qualify or limit your coverage. Conditions include your responsibilities and those of the Company. They are contained in the Policy but not shown or discussed in the Commitment. The Policy Conditions are not the same as the Commitment Conditions. You can get a copy of the policy form approved by the Texas Department of Insurance by calling the Title Insurance Company at 1- 888 - 632 -1642 or by calling the title insurance agent that issued the Commitment. Texas Department of Insurance may revise the policy form from time to time. You can also get a brochure that explains the policy from the Texas Department of Insurance by calling 1- 800 - 252 -3439. Before the Policy is issued, you may request changes in the policy. Some of the changes to consider are: - Request amendment of the "area and boundary" exception (Schedule B, paragraph 2). To get this amendment, you must furnish a survey and comply with other requirements of the Company. On the Owner's Policy, you must Form 5017448 (2/1/10) Page 2 of 4 I T -7 Commitment for Title Insurance (Rev. 2 -1 -10) Texas pay an additional premium for the amendment. If the survey is acceptable to the Company and if the Company's other requirements are met, your Policy will insure you against loss because of discrepancies or conflicts in boundary lines, encroachments or protrusions, or overlapping of improvements. The Company may then decide not to insure against specific boundary or survey problems by making special exceptions in the Policy. Whether or not you request amendment of the "area and boundary" exception, you should determine whether you want to purchase and review a survey if a survey is not being provided to you. Allow the Company to add an exception to "rights of parties in possession." If you refuse this exception, the Company or the title insurance agent may inspect the property. The Company may except to and not insure you against the rights of specific persons, such as renters, adverse owners or easement holders who occupy the land. The Company may charge you for the inspection. If you want to make your own inspection, you must sign a Waiver of Inspection form and allow the Company to add this exception to your Policy. The entire premium for a Policy must be paid when the Policy is issued. You will not owe any additional premiums unless you want to increase your coverage at a later date and the Company agrees to add an Increased Value Endorsement. CONDITIONS AND STIPULATIONS 1. If you have actual knowledge of any matter which may affect the title or mortgage covered by this Commitment, that is not shown in Schedule B, you must notify us in writing. If you do not notify us in writing, our liability to you is ended or reduced to the extent that your failure to notify us affects our liability. If you do notify us, or we learn of such matter, we may amend Schedule B, but we will not be relieved of liability already incurred. 2. Our liability is only to you, and others who are included in the definition of Insured in the Policy to be issued. Our liability is only for actual loss incurred in your reliance on this Commitment to comply with its requirements or to acquire the interest in the land. Our liability is limited to the amount shown in Schedule A of this Commitment and will be subject to the following terms of the Policy: Insuring Provisions, Conditions and Stipulations, and Exclusions. �5 A M E R/ C ♦ 4 First American Title Form 5017448 (2/1/10) Page 3 of 4 I T -7 Commitment for Title Insurance (Rev. 2 -1 -10) Texas as` pMtq,C4 Important ! Notice `\ First American Title ISSUED BY First American Title Insurance Company IMPORTANT NOTICE To obtain information or make a complaint: You may call First American Title Insurance Company's toll - free telephone number for information or to make a complaint at: 1-888- 632 -1642 You may also write to First American Title Insurance Company at: 1 First American Way Santa Ana, California 92707 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1- 800 -252 -3439 You may write the Texas Department of Insurance: P.O. Box 149104 Austin, TX 78714 -9104 Fax: (512) 475 -1771 Web: http://www. tdi. state. tx. us E -mail: ConsumerProtection @tdi.state, N. us PREMIUM OR CLAIM DISPUTES.- Should you have a dispute concerning your premium or about a claim you should contact First American Title insurance Company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. A TTACH THIS NOTICE TO YOUR POLICY This notice is for information only and does not become a part or condition of the attached document. A VISO IMPORTANTE Para obtener informacion o para someter una queja: Usted puede Ilamar al numbeo de telefono gratis de First American Title Insurance Company's para informacion o para someter una queja al: 1- 888 - 6'32 - 1642 Usted tambien puede escribir a First American Title insurance Company: 1 First American Way Santa Ana, California 92707 Puede comunicarse con el Departamento de Seguros de Texas para obtener informacion acerca de companias, coberturas, derechos o quejas al: f-800-252-3439 Puede escribir al Departamento de Seguros de Texas: P.O. Box 149104 Austin, TX ;78714 -9104 Fax: (512) 475 -1771 Web: http: //WwiN,tdi.state.tx.us E- mail: ConsumerProtection @tdi.state.tx.us DISPUTES S06REPRIM O RECLAMOS. Si tiene una disputa concerniente a su prima o a un reclamo, debe comunicarse con el First American Title Insurance Company primero. Si no se resuelve la disputa, puede entonces comunicarse con el departamento (TDI). UNA ESTEAVISOA SUPOL04: Este aviso es solo para proposito de informacion y no se convierte on parte o condicion del documento adjunto. Form 5017448 (2/1/10) Page 4 of 4 T -7 Commitment for Title Insurance (Rev. 2 -1 -10) Texas FIRST AMERICAN TITLE INSURANCE COMPANY PRIVACY POLICY We Are Committed to Safeguarding Customer Information THE FIRST AMERICAN CORPORATION In order to better serve your needs now and in the future, Ave may ask you to provide us with certain information. We understand that you may be concerned about what we will do +vith such information — particularly any personal or financial information. We agree that you have a right to know how Ave will utilize the personal information you provide to us. Therefore, together with our parent company. The First American Corporation, Ave have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which Nye may use information Ave have obtained from any other source, such as information obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern our use of personal information regardless of its source. First American calls these guidelines its Tair Information Values, a copy of which can be found on our cvebsite at www.firstatin.com. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that Nye may collect include: • Information Ave receive from you on applications, forms and in other communications to us, whether in writing, in person. by telephone or any other means; • Information about your transactions with us, our affiliated companies, or others; and • Information Ave receive from a consumer reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, Ave will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies, and escrow companies. Furthermore. Ave may also provide all the information Ave collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other financial institutions with whom Nye or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to nny of your information- We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will he handled responsibly and in accordance +vith this Privacy Policy and First American's Tarr Inforinallon Values. We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. Note: The above Privacy Policy applies to individuals who obtain from First American a financial service or product that is to be used primarily for personal family or household purposes. I O 2001 The First American Corporation All Rights Reserved �i`' 1T9C lI' CO1� AUSTIN, TEXAS PRIVACY POLICY We Are Committed to Safeguarding Customer Information In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information - particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include: • Information we receive from you on applications, form and in other communications to us, whether in writing, in person, by telephone or any other means; • Information about your transactions with us, our affiliated companies, or others; and • Information we receive from a consumer reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies, and escrow companies. Furthermore, we may also provide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of ;your information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy. We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information.