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HomeMy WebLinkAboutWarranty Deed - Wallace & Shannon Trochesset - 904 W EDGEWOOD DR ix r-rr- THE REQUEST �� L��J�}�7���� nivicRICAN TITLE WARRANTY DEED NOTICE OF CONFIDENTIALITY RIGHTS:IF YOU ARE A NATURAL PERSON,YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF GALVESTON That WALLACE TROCHESSET and wife, SHANNON TROCHESSET Grantor(s), of the County of and State of for and in consideration of the sum of Ten and No/100 ($10.00) Dollars, and other valuable consideration to the undersigned paid by the Grantee(s) herein named, the receipt of which is hereby acknowledged, have GRANTED, SOLD AND CONVEYED, and by these presents do GRANT, SELL AND CONVEY unto CITY OF FRIENDSWOOD Grantee(s), whose mailing address is: DO 0 4, Fr;QmSuvpci 'DC:)e , City of V c oga 5u�oo County of C„ M e c,k on and State of 'r.e_x 4 5 , all of the following described real property in Galveston County, Texas, to-wit: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. together with all of the rights, titles, appurtenances and hereditaments thereto. This conveyance is made and accepted subject to all easements, reservations, conditions, covenants and restrictive covenants as the same appear of record in the Office of the County Clerk of the county aforesaid. Grantor, for the consideration and subject to the reservations from and exceptions to conveyance and warranty, grants, sells, and conveys to Grantee the property, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and hold it to Grantee, Grantee's heirs, executors, administrators, successors, or assigns forever. Grantor binds Grantor and Grantor's heirs, executors, administrators, successors or assigns to warrant and forever defend all and singular the property to Grantee and Grantee's heirs, executors, administrators, successors, and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof. When the context requires, singular nouns and pronouns include the plural. EXECUTED on this the_£ day of - , 2005. NOV 1 2005 • , . ., -4 WALLACE TROCHESSET _� O SHANNON TROCHESSET ' THE STATE O SAS COUNTY w-dThis instrument was acknowledged before me on 1 2P , 2005, by WALLACE TROCHESSET and SH' ON TROCHE SET. r e. J` ' MELODY LEAKY .i _� �. `I _�/� 1 .h^�. NderyPublic,Stale ofTexas j NotaryPublic, . - of Texas . 1 r I My Commission Expires 02a8.2C09 1 ;' _, My Commissi a pires: Vir C1 -l40, Fri tWoJ," C1\0 S. ----c*iQr,dsu ocd br. Vc -ends. axed ,-r--A li5 we 5 , • EXHIBIT 'A' File No.: 643266-H045 (ML) Property: 904 West Edgewood Drive, Friendswood, TX 77546 A tract of land out of Lot One Hundred Sixteen (116) of the WEST FRIENDSWOOD SUBDIVISION of a part of the Perry and Austin League, Abst. Nos. 20 and 111, Brazoria and Galveston Counties, Texas, said subdivision is recorded in Volume 238, Page 12 of the Deed Records of Galveston County, Texas, said tract also being known as Tract B of CLOVER ACRES, an unrecorded subdivision in Galveston County, Texas. The tract herein described lies entirely in Galveston County and said portion is described by metes and bounds as follows: Beginning at the East corner of Lot 116, which said corner is in the center line of a 100 foot Farm to Market Road; Thence Southwest along the Southeast line of Lot 116 and along the center line of said Farm to Market Road, a distance of 240 feet to the East corner of the tract herein described; Thence continuing Southwest along the Southeast line of Lot 116 and along the center line of Farm to Market Road, a distance of 210 feet to point for corner; Thence Northwest, parallel with the Northeast line of Lot 116, a distance of 333.4 feet to point for corner; Thence Northeast, parallel with the Southeast line of Lot 116, a distance of 210 feet to point for corner; Thence Southeast, parallel with the Northeast line of Lot 116, a distance of 333.4 feet to the center line of Farm to Market Road and the Place of Beginning. 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. e P N, 76g,5nnnnon0700n F 1LE A� ERE" OFFICIAL PUBLIC RECORDS OF REAL PROPERTY /71 . .? 2005 OCT 03 03:13 PM 2005068183 YOUNG_P $18.00 Mary Ann Daigle ,COUNTY CLERK GALVESTON, TEXAS 643266-H045 1 of 1 RECORDED AT THE REQUEST ��� ��������`�� � ��� OF FIRST AMERICAN TITLE WARRANTY DEED NOTICE OF CONFIDENTIALITY RIGHTS:IF YOU ARE A NATURAL PERSON,YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS:YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF GALVESTON That WALLACE TROCHESSET and wife SHANNON TROCHESSET Grantor(s), of the County of Galveston and State of Texas far and in consideration of the sum of Ten and No/100 ($10.00) Dollars, and other valuable consideration to the undersigned paid by the Grantee(s) herein named, the receipt of which is hereby acknowledged, have GRANTED, SOLD AND CONVEYED, and by these presents do GRANT, SELL AND CONVEY unto CITY OF FRIENDSWOOD Grantee(s), whose mailing address is: 910 S. Friendswood Drive, City of Friendswood, County of Galveston and State of Texas, all of the following described real property in Galveston County, Texas, to-wit: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. together with all of the rights, titles, appurtenances and hereditaments thereto. This conveyance is made anci accepted subject to all easements, reservations, conditians, covenants and restrictive covenants as the same appear of record in the Office oi' the County Clerk of the county aforesaid. Grantor, for the consideration and subj ect to the reservations from and exceptions to conveyance and warranty, grants, sells, and conveys to Grantee the property, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and hold it to Grantee, Grantee's heirs, executors, administr�tors, successors, or assigns forever. Grantor binds Grantor and Grantor's heirs, executar�, administrators, successors or assigns to warrant and forever defend all anci singular the property to Grantee and Grantee's heirs, executors, administrators, successors, and assigns against every person �vhomsoever lawfully claiming or to claim the same or any part thereof. When the context requires, singular nouns and pronouns include the plural. EXECUTED on this the 28th day of September, 2005. NOV 1 2005 � � � � �� � �5 WALLACE TROCHESSET SHANNON TROCHESSET . THE STATE OF TEXAS COUNTY OF HARRIS This instrument was acknowledged before me on September 28 , 2005, by WALLACE TROCHESSET and SHANNON TROCHESSET. MELODY LEARY Notary Public, at of Texas My Commission Expires EXHIBIT 'A' File No.: 643266-H045 (ML) Property: 904 West Edgewood Drive, Friendswood,TX 77546 A tract of land out of Lot One Hundred Sixteen (116) of the WEST FRIENDSWOOD SUBDIVISION of a part of the Perry and Austin League,Abst. Nos. 20 and lii, Brazoria and Galveston Counties,Texas, said subdivision is recorded in Volume 238, Page 12 of the Deed Records of Galveston County,Texas, said tract also being known as Tract B of CLOVER ACRES, an unrecorded subdivision in Galveston County,Texas. The tract herein described lies entirely in Galveston County and said portion is described by metes and bounds as follows: Beginning at the East corner of Lot 116,which said corner is in the center line of a 100 foot Farm to Market Road; Thence Southwest along the Southeast line of Lot 116 and along the center line of said Farm to Market Road, a distance of 240 feet to the East corner of the tract herein described; Thence continuing Southwest along the Southeast line of Lot 116 and along the center line of Farm to Market Road, a distance of 210 feet to point for corner; Thence Northwest, parallel with the Northeast line of Lot 116,a distance of 333.4 feet to point for corner; Thence Northeast, parallel with the Southeast line of Lot 116, a distance of 210 feet to point for corner; Thence Southeast, parallel with the Northeast line of Lot 116, a distance of 333.4 feet to the center line of Farm to Market Road and the Place of Beginning. Note: The Company is prohibited from insuring the area or quantity of the land descrih�d h�r�in. Any st�tement in the abov� leJa! clescri�ti�n c€tha�r�a or q�a�:�ity�f 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. A.P.N. 268500000002000 FILED AND RECORDED OFFICIAL PUBLIC RECORDS OF REAL PROPERTY MARY ANN DAIGLE 2005 OCT 03 03:13 PM 2005068183 YOUNG_P $18.00 Mary Ann Daigle, COUNTY CLERK GALVESTON, TEXAS 643266-H045 1 of 1 AUTHORIZE THE MAYOR TO EXECUTE A CONTRACT FOR THE PURCHASE OF PROPERTY FOR A DETENTION AREA FOR THE CLOVER ACRES DRAINAGE PROJECT August 15, 2005 Subject to the results of the Executive Session,this item has been placed on the agenda. File No. 643266-HO45 - ML SELLER'S AND/OR PURCHASER'S/BORROWER'S STATEMENT I have carefully reviewed the HUD-1/Settlement Statement and to the best of my knowledge and belief, it is a true and accurate statement of all receipts and disbursements made on my account or by me in this transaction. I further certify that I have received a copy of the HUD-1/Settlement Statement. The Seller's and Purchaser's/Borrower's signatures hereon acknowledge their approval and signify their understanding that tax, and insurance prorations and reserves are based on figures for the preceding year or supplied by others or estimated for the current year, and in the event of any change for the current year, all necessary adjustments will be made between Purchaser/Borrower and Seller directly. Any deficit in delinquent taxes or mortgage payoffs will be promptly reimbursed to the Settlement Agent by the Seller. The following persons, firms or corporations have received a portion of the real estate commission amount shown above (HUD Line(s) 701-704): 1. 2. 3. 4. I hereby authorize the Settlement Agent to make expenditures and disbursements as shown above and approve same for payment. Purchaser(s)/Borrower(s) Seller(s) City of Friendswood Wallace Trochesset Shannon Trochesset By: Kimball W. Brizendine, Mayor September 28, 2005 September 28, 2005 Date0.2) 4 `3XM Date Borrower(s) Forwarding Address: Seller(s) Forwarding Address: 9ioS. 19/0 s lvvrieizana ,7 . The HUD-1 Settlement Statement which I have prepared is a true and accurate account of this transaction. I have caused o will c.• e the funds to b- .sb;,l% ed in accordance with this statement. Arill J�/ Settlement Ag- �/� i`I d ` crate: September 28, 2005 WARNING: It is a crime .• kno ingly make false statements to the United States on this or any other similar form. Penalties upon convictio can include a fine and imprisonment. For details, see: Title 18 U.S. Code Sections 1001 and 1010. NOTICE TO PURCHASERS OF REAL PROPERTY The real property described below, that you are about to purchase is located in the GC Consolidated DD 8 District. The district has taxing authority separate from any other taxing authority and may, subject to voter approval, issue an unlimited amount of bonds and levy an unlimited rate of tax in payment of such bonds. As of this date, the rate of taxes levied by the district on real property located in the district is $.15 on each $100 of assessed valuation. If the district has not yet levied taxes, the most recent projected rate of tax, as of this date, is $.15 on each $100 of assessed valuation. The total amount of bonds, excluding refunding bonds and any bonds or any portion of bonds issued that are payable solely from revenues received or expected to be received insure a contract with a governmental entity, approved by the voters and which have been or may, at this date, be issued is $, and the aggregate initial principal amounts of all bonds issued for one or more of the specified facilities of the district and payable in whole or in part from property taxes is $. The district has the authority to adopt and impose a standby fee on property in the district that has water, sanitary, sewer, or drainage facilities and services available but not connected and which does not have a house, building, or other improvement located thereon and does not substantially utilize the utility capacity available to the property. The district may exercise the authority without holding an election on the matter. As of this date, the most recent amount of the standby fee is $. An unpaid standby fee is a personal obligation of the person that owned the property at the time of imposition and is secured by a lien on the property. Any person may request a certificate from the district stating the amount, if any, of unpaid standby fees on a tract of property in the district. [ ] The district is located in whole or in part in the extraterritorial jurisdiction of the City of Friendswood. By law, a district located in the extraterritorial jurisdiction of a municipality may be annexed without the consent of the district or the voters of the district. When a district is annexed, the district is dissolved. [ ] The district is located in whole or in part within the corporate boundaries of the City of Friendswood. The taxpayers of the district are subject to the taxes imposed by the municipality and by the district until the district is dissolved. By law, a district located within the corporate boundaries of a municipality may be dissolved by municipal ordinance without the consent of the district or the voters of the district. The purpose of this district is to provide water,sewer, drainage, or flood control facilities and services within the district through the issuance of bonds payable in whole or in part from property taxes. The cost of these utility facilities is not included in the purchase price of your property, and these utility facilities are owned or to be owned by the district. The legal description of the property which you are acquiring is as follows: A tract of land out of Lot One Hundred Sixteen (116) of the WEST FRIENDSWOOD SUBDIVISION of a part of the Perry and Austin League, Abst. Nos. 20 and 111, Brazoria and Galveston Counties, Texas, said subdivision is recorded in Volume 238, Page 12 of the Deed Records of Galveston County, Texas, said tract also being known as Tract B of CLOVER ACRES, an unrecorded subdivision in Galveston County, Texas. The tract herein described lies entirely in Galveston County and said portion is described by metes and bounds as follows: Beginning at the East corner of Lot 116, which said corner is in the center line of a 100 foot Farm to Market Road; Thence Southwest along the Southeast line of Lot 116 and along the center line of said Farm to Market Road, a distance of 240 feet to the East corner of the tract herein described; Thence continuing Southwest along the Southeast line of Lot 116 and along the center line of Farm to Market Road, a distance of 210 feet to point for corner; Thence Northwest, parallel with the Northeast line of Lot 116, a distance of 333.4 feet to point for corner; Thence Northeast, parallel with the Southeast line of Lot 116, a distance of 210 feet to point for corner; Thence Southeast, parallel with the Northeast line of Lot 116, a distance of 333.4 feet to the center line of Farm to Market Road and the Place of Beginning. 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. Date Wallace Trochesset Shannon Trochesset PURCHASER IS ADVISED THAT THE INFORMATION SHOWN ON THIS FORM IS SUBJECT TO CHANGE BY THE DISTRICT AT ANY TIME. THE DISTRICT ROUTINELY ESTABLISHES TAX RATES DURING THE MONTHS OF SEPTEMBER THROUGH DECEMBER OF EACH YEAR, EFFECTIVE FOR THE YEAR IN WHICH THE TAX RATES ARE APPROVED BY THE DISTRICT. PURCHASER IS ADVISED TO CONTACT THE DISTRICT TO DETERMINE THE STATUS OF ANY CURRENT OR PROPOSED CHANGES TO THE INFORMATION SHOWN ON THIS FORM. The undersigned purchaser hereby acknowledges receipt of the foregoing notice at or prior to execution of a binding contract for the purchase of the real property described in such notice or at closing of purchase of the real property. Date City of Friendswood By: Kimball W. Brizendine, Mayor STATE OF TEXAS COUNTY OF GALVESTON This instrument was acknowledged before me on the day of September, 2005, by Wallace Trochesset and Shannon Trochesset. Notary Public, State of Texas STATE OF TEXAS COUNTY OF GALVESTON This instrument was acknowledge before me on theal'day of September, 2005 by City of FriC-444swee4: '1 JUJi1W w Aic , — Notary Public, Stat: of T-xas r laMELODY LEAKY r �^. . Notary Public,%ate of Tens My Commission Expires o2.16-2oo0 d CLOSING AFFIDAVIT SELLER/PURCHASER/BORROWER Title Company: First American Title Insurance Company File No.: 643266-H045 Purchaser(s)/Borrower(s): City of Friendswood Seller(s): Wallace Trochesset and Shannon Trochesset Lender: Property: A tract of land out of Lot One Hundred Sixteen (116) of the WEST FRIENDSWOOD SUBDIVISION of a part of the Perry and Austin League, Abst. Nos. 20 and 111, Brazoria and Galveston Counties, Texas, said subdivision is recorded in Volume 238, Page 12 of the Deed Records of Galveston County, Texas, said tract also being known as Tract B of CLOVER ACRES, an unrecorded subdivision in Galveston County, Texas. The tract herein described lies entirely in Galveston County and said portion is described by metes and bounds as follows: Beginning at the East corner of Lot 116, which said corner is in the center line of a 100 foot Farm to Market Road; Thence Southwest along the Southeast line of Lot 116 and along the center line of said Farm to Market Road, a distance of 240 feet to the East corner of the tract herein described; Thence continuing Southwest along the Southeast line of Lot 116 and along the center line of Farm to Market Road, a distance of 210 feet to point for corner; Thence Northwest, parallel with the Northeast line of Lot 116, a distance of 333.4 feet to point for corner; Thence Northeast, parallel with the Southeast line of Lot 116, a distance of 210 feet to point for corner; Thence Southeast, parallel with the Northeast line of Lot 116, a distance of 333.4 feet to the center line of Farm to Market Road and the Place of Beginning. 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. By initialing one or more of the following items as may be appropriate for this transaction, each Seller and/or Buyer/Borrower acknowledges understanding of the disclosures being made by Title Company and affirms the representations made to them by Title Company as indicated. Each such disclosure or representation may jointly benefit both First American Title Insurance Company and its underwriter. Singular reference to Seller, Buyer and Borrower includes multiple individuals/entities identified above. Any numbered item not applying to this transaction may be crossed out, Buyer(s) 1) WAIVER OF INSPECTION: You may refuse to accept an exception to Initials: "Rights of Parties in Possession" in the Owner Title Policy to be issued. "Rights of Parties in Possession" means one or more persons who are themselves actually physically occupying the Property or a portion thereof, under a claim of right adverse to the record owner of the Property. Title Company may require an inspection and may charge for reasonable and actual costs to inspect. Title Company may make additional exceptions for matters the inspection reveals. If you initial this paragraph, you waive inspection of the Property and you accept the exception in your Owner Title Policy. Buyer(s)/ 2) RECEIPT OF TITLE COMMITMENT: You acknowledge having received and Borrower(s) reviewed a copy of the Title Commitment issued in connection with this transaction and you understand that your Owner Title Policy will contain the exceptions set forth in Schedule B of the Title Commitment, and any additional exceptions to title resulting from the documents involved in this transaction. Page 1 CLOSING AFFIDAVIT SELLER/PURCHASER/BORROWER Buyer(s)/ 3) NOTICE: You may wish to consult an attorney to discuss matters shown in Borrower(s) Schedule B or C of the Title Commitment. These matters will affect your title Initi : and use of your Property. Your Owner Title Policy will be a legal contract between you and the Title Company. The Title Commitment and Owner Title Policy are not abstracts of title, title reports or representations of title. The Owner Title Policy is a contract of indemnity. Title Company does not represent that your intended use of the Property is allowed under the law or under the restrictions or exceptions to title on your Property. Bu er(s) 4) ACCEPTANC OF SURVEY: Buyer has received and reviewed a copy of the Initi s: survey of the perry made in connection with this transaction and acknowledges be g aware of the following matters of conflict, encroachment(s) a /or discrepancies disclosed by the survey: as shown on survey Buyer(s) 5) UNSURVEYED PROPERTY: Buyer understands that a current survey of the Ini ' Is: Property has not been done in connection with this transaction and that the Owner Title Policy to be issued to Buyer will not provide title insurance coverage against encroachment of improvements, boundary conflicts, or other matters that would be found by a current survey. Title Company has not attempted to determine if the Property lies in a special flood hazard area, and Title Company has not made any representation concerning proximity of the Property in relation to any flood-plain or flood hazard area. Buyer is advised that information concerning special flood hazard areas may be available from county or municipal offices, a qualified surveyor or land=engineering company, or a private flood-plain consultant. uyer(s)/ 6) REFINANCE/PURCHASE - SURVEY: Borrower understands that in Seller(s) rower(s) connection with the present refinance or purchase transaction First American Ini 'als: Initi s: itle Insurance Company has been requested to issue its Mortgagee Title Policy t• the Lender, and that in said Mortgagee Title Policy certain survey coverage ha been requested by the Lender for which a new survey is typically required. Borr• er also understands that he/she may provide this affidavit to the Title Comp. y together with an original or legible copy of a previous survey in lieu of a ne survey being obtained. Attached h-reto is a true and correct copy of a survey dated , prepared by , (hereinafter he "Previous Survey"). The present tra saction will not cover any other property other than the property describ- in the Previous Survey. Before me, the und- signed notary for the State of Texas, personally appeared Affiant(s) who after b me being sworn, stated: A) We are the owners of the Property. (or state other basis for knowledge by Affiant(s) of the Prop:rty, such as lease, management, neighbor, etc. For example, "Affiant is th- manager of the Property for the record title owners.") B) We are familiar with the p •perty and the improvements located on the Property. C) We are closing a transaction -quiring title insurance and the proposed insured owner or lender has re• ested area and boundary coverage in the title insurance policy(ies) to be is ued in this transaction. We understand that the Company may make exce►tions to the coverage of the title insurance as Company may deem a.•ropriate. We understand that the owner of the property, if the current ansaction is a sale, may request a similar amendment to the area and bo dary coverage in the Owner Policy of Title Insurance upon payment • the promulgated premium. D) To the best of our actual knowledge and b-lief, since there have been no: 1. construction projects such as new structur:s, additional buildings, rooms, garages, swimming pools or other p= manent improvements or fixtures; 2. changes in the location of boundary fences or boundary walls; 3. construction projects on immediately adjoining pr..erty(ies) which encroach on the Property; 4. conveyances, replattings, easement grants and/or eas. ent dedications (such as a utility line) by any party affecting he Property. E) We understand that Title Company is relying on the truthfulness of the Page 2 CLOSING AFFIDAVIT SELLER/PURCHASER/BORROWER statements made in this affidavit to provide the area and boundary coverage and upon the evidence of the existing real property survey of the Property attached to this Affidavit. This affidavit is not made for the benefit of any other parties and this affidavit does not constitute a warranty or guarantee of the location of improvements. F) We understand that we have no liability to Title Company or the title insurance company that will issue the policy(ies) should the information in this Affidavit be incorrect other than information that we personally know to be incorrect and which we do not disclose to the Title Company. Seller(s) Buyer(s) 7) PROPERTY TAX PROBATIONS: Property taxes for the current year have Initials: Initi Is: been prorated between Buyer and Seller, who each acknowledge understanding that these prorations are based either on tax amounts for the preceding year or on estimates of the appraised value and/or estimated tax rates for the current year. Buyer and Seller each agree that, when amounts of the current year's taxes become known and payable (on or about October 1st), they will adjust any matters of re-proration and reimbursement between themselves and that Title Company shall have no further liability or obligation with respect to these prorations. However, in the event of any conflict between this paragraph and the contract between Buyer and Seller, the contract will control. Bu er(s)/ 7a) UNIMPROVED TAX RESERVE TO LENDER: Buyer is aware that the escrow Borr wer(s) account being created at closing is based on partially unimproved taxes. Buyer Initial • also understands there is a possibility that the escrow account held by Lender may be short at the end of the year and the Lender could require additional money to make up the shortage or the Lender can increase the monthly payment to collect this shortage. Buyer(s) 8) TAX RENDITION AND EXEMPTIONS: Although the Galveston County Ini • Is: Appraisal District (AD) may independently determine Buyer's new ownership and billing address through deed record research, Buyer is still obligated by law to "render" the Property for taxation by notifying the AD of the change in the Property's ownership and of Buyer's proper address for tax billing. Buyer is advised that taxes may have been assessed on the basis of various exemptions obtained by Seller: 1) Homestead 2) Over-65 3) Disabled veteran 4) Agricultural To the extent that Buyer may qualify to continue these exemptions, it is the responsibility of Buyer to satisfy requirements of the AD within the period of time allowed. Buyer acknowledges understanding of these obligations and the fact that Title Company assumes no responsibility for future accuracy of AD records concerning ownership, tax-billing address or status of exemptions. Buyer(s) 8a) OVER 65 EXEMPTION: The property taxes on the above itials: referenced property are assessed with an over 65 exemption. If the Buy is not entitled to this exemption, the taxing authorities are aut ized by law to remove the exemption as of the date of sale and as ss the taxes for the remainder of the year at the non- exempt rate. he taxing authorities may send a supplemental tax bill assessing th emainder of the current year's taxes without the exemption. Buyer knowledges sole responsibility for the payment of and that Title Company shall have no liability or obligation with respect to ny supplemental tax bill. Further, unless instructed otherwise by the lender, the escrow (if any) was established using calculations based on the most recently available tax amounts, with the exemption. Therefore, the lender may, once the new tax amounts are established, adjust the Buyer's escrow payment to reflect the increased tax amount. Seller(s) Buyer(s) 8b) A • CULTURAL EXEMPTION: Seller and Buyer hereby acknowledge they I • ials: In 'als: are a '.re the real property being purchased is subject to an agricultural exemptio on the tax roll. The Title Company assumes no responsibility for any future r• back taxes and Buyer understands and agrees, if the taxing authorities roll sack taxes due to the exemption being removed, they will be 'age 3 CLOSING AFFIDAVIT SELLER/PURCHASER/BORROWER responsible for all future taxes assessed by the taxing authorities and hold the Title Company harmless from any claim that may arise due to this exemption being removed from the tax roll. S ler(s) B er(s) 9) SPLIT OUT - TAXES: Seller and Buyer agree and understand the taxes need Init Is: Ini ' Is: to be "split out" at the Appraisal District. By our initialing this section, we agree to hold the Title Company harmless from any claim that may arise due to any further adjustments of the prorations after closing. Seller(s) 10) PRIOR YEAR TAXES PAID: Seller certifies all taxes for prior years have Initials: been paid in full. The undersigned Seller further agrees to reimburse Title Company for any and all unpaid taxes, penalties, interest and attorney fees due to taxes being due and/or unpaid as determined by the AD and/or taxing authorities. Seller further agrees that any default in prior payment of property taxes, either current or delinquent, will on demand, be promptly reimbursed by Seller to Title Company. Seller(s) B er(s) 11) ACCEPTANCE OF REPAIRS: If Seller and Buyer have previously agreed Initials: Init Is: upon Seller's obligation to perform certain repairs to the Property prior to closing, both parties affirm that all agreed upon repairs have been completed, and Buyer accepts such repairs as being completed to Buyer's satisfaction. Seller(s) Buy r(s) 11a) REPAIRS SUBSEQUENT TO CLOSING: If Seller and Buyer have agreed Initials: Initia : upon Seller's obligation for certain repairs or other work affecting the Property to be performed after closing, both Buyer and Seller acknowledge their understanding that Title Company shall have no duty or responsibility concerning completion, quality of workmanship or materials, or payment for such post-closing repairs or work to or on the Property. yer(s) 12) HOMEOWNER'S ASSOCIATION: Buyer acknowledges notification that Ini 'als: ow -rship of the Property involves membership in a Homeowner's or Property Owne . Association to which monthly or annual dues or assessments will be owed th. may be enforceable by a lien against the Property. Buyer understan•• that the Association (or its managing agent) should be contacted by Buyer dire to ascertain the exact amount of future dues or assessments. Ti - Company disclaims any knowledge of, and has made no representations wit respect to, the Association's annual budget, pending repairs or deferred ma' tenance, if any, or other debts of the Association. Buyer accepts sole respo sibility to obtain such information and verify its accuracy to Buyer's satisfaction. er(s) 13) C MMON KEY NOTICE: Buyer acknowledges that the Property being Ini Is: pur ased has been and presently is accessible by means of a common or master ey used by the Seller for this and other properties. Buyer is advised to have a ocks on the Property immediately re-keyed, which will be at Buyer's expense. Bu r hereby releases Seller and Title Company from liability for any loss, damage, or injury that may result from future unauthorized entry by means of the common or master key. Seller(s) Buyer(s) 14) ARBITRATION: Initials: In' ials• A. VACANT LAND You may require deletion of the arbitration provision of the Owner Title Policy. If you do not initial this provision, either you or the Company may require abitration, if the law allows. There is no charge to delete this provision. Seller(s) Buyer(s) B. SELLER FINANCE itials: Initials: You may require deletion of the arbitration provision of the Mortgagee Title Policy. If you do not initial this provision, either you or the Company may _ N require arbitration, if the law allows. There is no charge to delete this provision. Seller(s) Buyer(s) 15) POWER OF ATTORNEY: This transaction involves the use of a Power of Initials: itials: Attor Authority has been granted to to act as agent and attorney-in fact for . Th itle Insurance Company must confirm that said Power of Attorney is still valid. Page 4 CLOSING AFFIDAVIT SELLER/PURCHASER/BORROWER Principal Contacted: (Ratified by) Date and Time Principal contacted: Phone Number: Seller(s) Buyer(s) 16) CLOSING DISCLAIMER: Seller and Buyer each acknowledge understanding that Initials: I i al the above referenced transaction has not yet "closed". At this time, any change in possession of the Property takes place AT BUYER'S AND SELLER'S OWN RISK. THIS TRANSACTION HAS NOT "CLOSED" UNTIL: A) ALL TITLE REQUIREMENTS ARE COMPLETED TO THE SATISFACTION OF TITLE COMPANY; B) ALL NECESSARY DOCUMENTS ARE PROPERLY EXECUTED, REVIEWED, AND ACCEPTED BY THE PARTIES TO THIS TRANSACTION, INCLUDING THE LENDER IF ANY, AND BY TITLE COMPANY; C) ALL FUNDS ARE COLLECTED AND DELIVERED TO AND ACCEPTED BY THE PARTIES TO WHOM THEY ARE DUE; AND D) ALL NECESSARY DOCUMENTS ARE FILED OF RECORD IN THE APPROPRIATE PUBLIC RECORDS. Buyer and Seller also recognize that neither Title Company nor its underwriter are under any obligation to defend possession of the Property or to insure title of the Property, until such time as the above stated requirements have been fulfilled. Seller(s) 17) NON-RESIDENT ALIEN: Seller is not a non-resident alien for purposes of United Initials: States Income Taxation. Page 5 CLOSING AFFIDAVIT SELLER/PURCHASER/BORROWER yer/ 18) DISCLOSURE Ti PURCHASER: Undersigned Buyer/Borrower ("Undersigned") Bo ower(s) acknowledges that Ile Company has NOT performed a search of the real property Initia : records with referenc- o possible federal or state tax liens, abstract of judgements, or other involuntary lien which may have been filed against the Undersigned. Undersigned understands t -t such involuntary liens may need to be released prior to the resale or mortgaging o his property. The owner policy of title insurance does not protect the insured against involuntary liens filed against said insured. R inance 19) AFFIDAVIT AS TO DEBTS & LIENS: Seller(s) Bor wer(s) A) I am over the age of 18 years. Initials: Initia : B) My marital status_has_has not changed (CHECK THE APPROPRIATE RESPONSE) since the date that I acquired the above described property. C) I have also been known by the following names in addition to the name listed above: D) I state under oath that all bills for labor performed and material furnished for improvements (if any) made by, or for me have been paid, and that at present I do not owe any person or firm for such improvements; and there are no liens including federal or state tax liens or judgment liens, of any kind; and no proceedings have been commenced in any federal court or state court to which I am a party, except: $ to $ to $ to E) To my knowledge there are no loans or unpaid debts for any personal property or fixtures which are located on the subject property and that no such items have been purchased on time-payment contract; and that there are no security interests on such property secured by financing statements, security agreements or otherwise, except: $ to $ to $ to F) The amount due any lienholder was furnished by the lienholder and is good only through an anticipated disbursement date. Should there be any discrepancies First American Title Insurance Company is hereby authorized to disburse any additional funds required by lienholder and adjust the net amount due the Seller by a like amount. Seller is aware that the lienholder has furnished a statement showing amounts due to payoff existing lien(s). In the event lienholder makes a demand for a greater amount than shown on payoff statement and closing statement, Seller agrees to reimburse First American Title Insurance Company for any funds advanced in order to cure any discrepancies or demand. G) To my knowledge, Owner's possession of the property has been peaceable and undisturbed and title to said property has never been disputed or questioned, nor do I have any knowledge of adverse claims against any portion of the property. H) I have not signed any contracts of sale, deeds, deeds of trust, mortgages or quitclaims affecting the property, except documents pertaining to the guaranty file listed above. I) I have no knowledge of any paving or mowing liens outstanding against the property. I understand that the Purchaser and/or Lender and Title Company in this transaction are relying upon the representations contained herein in purchasing the subject property, lending money thereon, and/or issuing title insurance policies thereon, and would not do any of the above unless said representations were made. Page 6 CLOSING AFFIDAVIT SELLER/PURCHASER/BORROWER City of Friendswood Wallace Trochesset 1421/20Shannon Trochesset Or—L.>�, By: Kimball W. Brizendine, Mayor SWORN TO AND SUBSCRIBED FORE ME on this day of September, 2005, by C' Kiate 1/0 • 66VX-C ina/O-L ,P MELODY LEARY / ` � Notary Publ�,State of Tr.>n, � �, �_ My ConimissbnExpire$Q2.16 009 Notary Public, S ate o"Texas �r STATE OF TEXAS ) ) § COUNTY OF HARRIS ) This instrument was acknow dged before me on this Gr day of September, 2005, by Cry-ef-Friendswood. )6 rn.ba)1 tiv . MELODY LEARY / ,Notary Pud:v,State a Texas f1 // r, My Cummiss:on Expires t2.1tu20k� ` / �i �—� ,4 • O _ j Notary Public, St. e of exas Sworn to and subscribed before me this day of September, 2005, by 'allace Trochesset and Shannon Trochesset. Notary Public, State of Texas STATE OF TEXAS ) ) § COUNTY OF HARRIS ) This instrument was acknowledged before me this day of September, 2005, by Wallace Trochesset and Shannon Trochesset. Notary Public, State of Texas Sworn to and subscribed before me this day of September, 2005, by , , of Wallace Trochesset and Shannon Trochesset, a corporation, on behalf of said corporation. Notary Public, State of Texas STATE OF TEXAS ) ) § COUNTY OF HARRIS ) Page 7 DISBURSEMENT INSTRUCTIONS First American Title Insurance Company 17225 El Camino Real, Suite 100 Houston, TX 77058 IN RE: 643266-H045 ; SALE OF PROPERTY AT 904 West Edgewood Drive, Friendswood, TX 77546 The undersigned hereby authorizes and instructs escrow agent to disburse the proceeds due the undersigned in the following manner: $ MADE PAYABLE TO: $ MADE PAYABLE TO: $ MADE PAYABLE TO: $ WIRE TRANSFER TO: see details below BANK NAME: CITY/STATE: NAME ON ACCOUNT: ACCOUNT NUMBER: ABA NUMBER: As evidenced by my/our signature(s) below, I/We hereby indemnify and hold FIRST AMERICAN TITLE INSURANCE COMPANY harmless from any liability or loss which may be incurred as a result of following the above disbursement instructions. Wallace Trochesset Shannon Trochesset City of Friendswood c �_By: Kimball W. Brirvriizendi e, Mayor __ File No. 643266-HO45 - ML SELLER'S AND/OR PURCHASER'S/BORROWER'S STATEMENT I have carefully reviewed the HUD-1/Settlement Statement and to the best of my knowledge and belief, it is a true and accurate statement of all receipts and disbursements made on my account or by me in this transaction. I further certify that I have received a copy of the HUD-1/Settlement Statement. The Seller's and Purchaser's/Borrower's signatures hereon acknowledge their approval and signify their understanding that tax, and insurance prorations and reserves are based on figures for the preceding year or supplied by others or estimated for the current year, and in the event of any change for the current year, all necessary adjustments will be made between Purchaser/Borrower and Seller directly. Any deficit in delinquent taxes or mortgage payoffs will be promptly reimbursed to the Settlement Agent by the Seller. The following persons, firms or corporations have received a portion of the real estate commission amount shown above (HUD Line(s) 701-704): 1. 2. 3. 4. I hereby authorize the Settlement Agent to make expenditures and disbursements as shown above and approve same for payment. Purchaser(s)/Borrower(s) Seller(s) City of Friendswood !� Wallace Troch set /6444P74 Shannon Trochesset By: Kimball W. Brizendine, Mayor September 28, 2005 September 28, 2005 Date nP) /- , L3Q4019 Date ^� 9947? 62o: / rAjjBorrower(s) Forwarding Address: Seller(s) FForwarding Address: 9/0 . It , > . ? O ' c2c23 7-�9 The HUD-1 Settlement Statement which I have prepared is a true and accurate account of this transaction. I have caused o will c.• e the funds to b-40 •sb,;,l� ed in accordance with this statement. Settlement Ag- : //.//l ��/��� late: September 28, 2005 WARNING: It is a crime .. kno ingly make false statements to the United States on this or any other similar form. Penalties upon convictio can include a fine and imprisonment. For details, see: Title 18 U.S. Code Sections 1001 and 1010. NOTICE TO PURCHASERS OF REAL PROPERTY The real property described below, that you are about to purchase is located in the GC Consolidated DD 8 District. The district has taxing authority separate from any other taxing authority and may, subject to voter approval, issue an unlimited amount of bonds and levy an unlimited rate of tax in payment of such bonds. As of this date, the rate of taxes levied by the district on real property located in the district is $.15 on each $100 of assessed valuation. If the district has not yet levied taxes, the most recent projected rate of tax, as of this date, is $.15 on each $100 of assessed valuation. The total amount of bonds, excluding refunding bonds and any bonds or any portion of bonds issued that are payable solely from revenues received or expected to be received insure a contract with a governmental entity, approved by the voters and which have been or may, at this date, be issued is $, and the aggregate initial principal amounts of all bonds issued for one or more of the specified facilities of the district and payable in whole or in part from property taxes is $. The district has the authority to adopt and impose a standby fee on property in the district that has water, sanitary, sewer, or drainage facilities and services available but not connected and which does not have a house, building, or other improvement located thereon and does not substantially utilize the utility capacity available to the property. The district may exercise the authority without holding an election on the matter. As of this date, the most recent amount of the standby fee is $. An unpaid standby fee is a personal obligation of the person that owned the property at the time of imposition and is secured by a lien on the property. Any person may request a certificate from the district stating the amount, if any, of unpaid standby fees on a tract of property in the district. [ ] The district is located in whole or in part in the extraterritorial jurisdiction of the City of Friendswood. By law, a district located in the extraterritorial jurisdiction of a municipality may be annexed without the consent of the district or the voters of the district. When a district is annexed, the district is dissolved. [ ] The district is located in whole or in part within the corporate boundaries of the City of Friendswood. The taxpayers of the district are subject to the taxes imposed by the municipality and by the district until the district is dissolved. By law, a district located within the corporate boundaries of a municipality may be dissolved by municipal ordinance without the consent of the district or the voters of the district. The purpose of this district is to provide water,sewer, drainage, or flood control facilities and services within the district through the issuance of bonds payable in whole or in part from property taxes. The cost of these utility facilities is not included in the purchase price of your property, and these utility facilities are owned or to be owned by the district. The legal description of the property which you are acquiring is as follows: A tract of land out of Lot One Hundred Sixteen (116) of the WEST FRIENDSWOOD SUBDIVISION of a part of the Perry and Austin League, Abst. Nos. 20 and 111, Brazoria and Galveston Counties, Texas, said subdivision is recorded in Volume 238, Page 12 of the Deed Records of Galveston County, Texas, said tract also being known as Tract B of CLOVER ACRES, an unrecorded subdivision in Galveston County, Texas. The tract herein described lies entirely in Galveston County and said portion is described by metes and bounds as follows: Beginning at the East corner of Lot 116, which said corner is in the center line of a 100 foot Farm to Market Road; Thence Southwest along the Southeast line of Lot 116 and along the center line of said Farm to Market Road, a distance of 240 feet to the East corner of the tract herein described; Thence continuing Southwest along the Southeast line of Lot 116 and along the center line of Farm to Market Road, a distance of 210 feet to point for corner; Thence Northwest, parallel with the Northeast line of Lot 116, a distance of 333.4 feet to point for corner; Thence Northeast, parallel with the Southeast line of Lot 116, a distance of 210 feet to point for corner; Thence Southeast, parallel with the Northeast line of Lot 116, a distance of 333.4 feet to the center line of Farm to Market Road and the Place of Beginning. 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. 2 8/.J'rerAc Date Wallace Troches et p_7___ Shannon Trochesset PURCHASER IS ADVISED THAT THE INFORMATION SHOWN ON THIS FORM IS SUBJECT TO CHANGE BY THE DISTRICT AT ANY TIME. THE DISTRICT ROUTINELY ESTABLISHES TAX RATES DURING THE MONTHS OF SEPTEMBER THROUGH DECEMBER OF EACH YEAR, EFFECTIVE FOR THE YEAR IN WHICH THE TAX RATES ARE APPROVED BY THE DISTRICT. PURCHASER IS ADVISED TO CONTACT THE DISTRICT TO DETERMINE THE STATUS OF ANY CURRENT OR PROPOSED CHANGES TO THE INFORMATION SHOWN ON THIS FORM. The undersigned purchaser hereby acknowledges receipt of the foregoing notice at or prior to execution of a binding contract for the purchase of the real property described in such notice or at closing of purchase of the real property. 9/zP/05 Date City of Friendswood e /e.....,42...0 .. --4____Irj___ By: Kimball W. Brizendine, Mayor STATE OF TEXAS COUNTY OF GALVESTON This instrument was acknowledged before me on the day of September, 2005, by Wallace Trochesset and Shannon Trochesset. -.•_,.....-c>1) At, *, iidttl/fe k e , MELODY LEARY Notary Public, : ate of exas e Notary Putdic.Sate of Texas My Comission Expires Q2•16.20)il STATE OF TEXAS ' • 1 o COUNTY OF GALVESTON This instrument was acknowledge before me on theGl day of September, 2005 by . -,+'rxba.0 w • &-J yinctou , - vz, / 1.41... A.,a_adoir 40 01 /1_, Notary Public, Stat: of T-xas 6'• MELODY LEARY (74 Notary Pubtx,State of Texas \' �;' My Ccxronissbn Exp'ttes e2.1 6-2000 CLOSING AFFIDAVIT SELLER/PURCHASER/BORROWER Title Company: First American Title Insurance Company File No.: 643266-HO45 Purchaser(s)/Borrower(s): City of Friendswood Seller(s): Wallace Trochesset and Shannon Trochesset Lender: Property: A tract of land out of Lot One Hundred Sixteen (116) of the WEST FRIENDSWOOD SUBDIVISION of a part of the Perry and Austin League, Abst. Nos. 20 and 111, Brazoria and Galveston Counties, Texas, said subdivision is recorded in Volume 238, Page 12 of the Deed Records of Galveston County, Texas, said tract also being known as Tract B of CLOVER ACRES, an unrecorded subdivision in Galveston County, Texas. The tract herein described lies entirely in Galveston County and said portion is described by metes and bounds as follows: Beginning at the East corner of Lot 116, which said corner is in the center line of a 100 foot Farm to Market Road; Thence Southwest along the Southeast line of Lot 116 and along the center line of said Farm to Market Road, a distance of 240 feet to the East corner of the tract herein described; Thence continuing Southwest along the Southeast line of Lot 116 and along the center line of Farm to Market Road, a distance of 210 feet to point for corner; Thence Northwest, parallel with the Northeast line of Lot 116, a distance of 333.4 feet to point for corner; Thence Northeast, parallel with the Southeast line of Lot 116, a distance of 210 feet to point for corner; Thence Southeast, parallel with the Northeast line of Lot 116, a distance of 333.4 feet to the center line of Farm to Market Road and the Place of Beginning. 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. By initialing one or more of the following items as may be appropriate for this transaction, each Seller and/or Buyer/Borrower acknowledges understanding of the disclosures being made by Title Company and affirms the representations made to them by Title Company as indicated. Each such disclosure or representation may jointly benefit both First American Title Insurance Company and its underwriter. Singular reference to Seller, Buyer and Borrower includes multiple individuals/entities identified above. Any numbered item not applying to this transaction may be crossed out. Buyer(s) 1) WAIVER OF INSPECTION: You may refuse to accept an exception to Initia� � "Rights of Parties in Possession" in the Owner Title Policy to be issued. "Rights of Parties in Possession" means one or more persons who are themselves actually physically occupying the Property or a portion thereof, under a claim of right adverse to the record owner of the Property. Title Company may require an inspection and may charge for reasonable and actual costs to inspect. Title Company may make additional exceptions for matters the inspection reveals. If you initial this paragraph, you waive inspection of the Property and you accept the exception in your Owner Title Policy. Buyer(s)/ 2) RECEIPT OF TITLE COMMITMENT: You acknowledge having received and Borrower(s) reviewed a copy of the Title Commitment issued in connection with this Initi 2 transaction and you understand that your Owner Title Policy will contain the exceptions set forth in Schedule B of the Title Commitment, and any additional exceptions to title resulting from the documents involved in this transaction. Page 1 CLOSING AFFIDAVIT SELLER/PURCHASER/BORROWER Buyer(s)/ 3) NOTICE: You may wish to consult an attorney to discuss matters shown in Borrower(s) Schedule B or C of the Title Commitment. These matters will affect your title Initi : and use of your Property. Your Owner Title Policy will be a legal contract between you and the Title Company. The Title Commitment and Owner Title Policy are not abstracts of title, title reports or representations of title. The Owner Title Policy is a contract of indemnity. Title Company does not represent that your intended use of the Property is allowed under the law or under the restrictions or exceptions to title on your Property. Bu er(s) 4) ACCEPTANC OF SURVEY: Buyer has received and reviewed a copy of the Initi s: survey of the perry made in connection with this transaction and acknowledges be g aware of the following matters of conflict, encroachment(s) a /or discrepancies disclosed by the survey: as shown on survey Buyer(s) 5) UNSURVEYED PROPERTY: Buyer understands that a current survey of the Ini ' Is: Property has not been done in connection with this transaction and that the Owner Title Policy to be issued to Buyer will not provide title insurance coverage against encroachment of improvements, boundary conflicts, or other matters that would be found by a current survey. Title Company has not attempted to determine if the Property lies in a special flood hazard area, and Title Company has not made any representation concerning proximity of the Property in relation to any flood-plain or flood hazard area. Buyer is advised that information concerning special flood hazard areas may be available from county or municipal offices, a qualified surveyor or land=engineering company, or a private flood-plain consultant. uyer(s)/ 6) REFINANCE/PURCHASE - SURVEY: Borrower understands that in Seller(s) rower(s) connection with the present refinance or purchase transaction First American Ini 'als: Initi s: itle Insurance Company has been requested to issue its Mortgagee Title Policy t. the Lender, and that in said Mortgagee Title Policy certain survey coverage ha been requested by the Lender for which a new survey is typically required. Borr• er also understands that he/she may provide this affidavit to the Title Comp. y together with an original or legible copy of a previous survey in lieu of a ne survey being obtained. Attached h-reto is a true and correct copy of a survey dated , prepared by , (hereinafter he "Previous Survey"). The present tra saction will not cover any other property other than the property describ- in the Previous Survey. Before me, the und- signed notary for the State of Texas, personally appeared Affiant(s) who after b me being sworn, stated: A) We are the owners of the Property. (or state other basis for knowledge by Affiant(s) of the Prop:rty, such as lease, management, neighbor, etc. For example, "Affiant is th- manager of the Property for the record title owners.") B) We are familiar with the p .perty and the improvements located on the Property. C) We are closing a transaction -quiring title insurance and the proposed insured owner or lender has re• ested area and boundary coverage in the title insurance policy(ies) to be is ued in this transaction. We understand that the Company may make exce►tions to the coverage of the title insurance as Company may deem a•.ropriate. We understand that the owner of the property, if the current ansaction is a sale, may request a similar amendment to the area and bo dary coverage in the Owner Policy of Title Insurance upon payment . the promulgated premium. D) To the best of our actual knowledge and b-lief, since there have been no: 1. construction projects such as new structur:s, additional buildings, rooms, garages, swimming pools or other p.. manent improvements or fixtures; 2. changes in the location of boundary fences or boundary walls; 3. construction projects on immediately adjoining pr..erty(ies) which encroach on the Property; 4. conveyances, replattings, easement grants and/or eas= ent dedications (such as a utility line) by any party affecting he Property. E) We understand that Title Company is relying on the truthfulness of the Page 2 CLOSING AFFIDAVIT SELLER/PURCHASER/BORROWER statements made in this affidavit to provide the area and boundary coverage and upon the evidence of the existing real property survey of the Property attached to this Affidavit. This affidavit is not made for the benefit of any other parties and this affidavit does not constitute a warranty or guarantee of the location of improvements. F) We understand that we have no liability to Title Company or the title insurance company that will issue the policy(ies) should the information in this Affidavit be incorrect other than information that we personally know to be incorrect and which we do not disclose to the Title Company. Seller(s) Buyer(s) 7) PROPERTY TAX PRORATIONS: Property taxes for the current year have Initials: Init Is: been prorated between Buyer and Seller, who each acknowledge understanding that these prorations are based either on tax amounts for the preceding year or on estimates of the appraised value and/or estimated tax rates for the current year. Buyer and Seller each agree that, when amounts of the current year's taxes become known and payable (on or about October 1st), they will adjust any matters of re-proration and reimbursement between themselves and that Title Company shall have no further liability or obligation with respect to these prorations. However, in the event of any conflict between this paragraph and the contract between Buyer and Seller, the contract will control. Bu er(s)/ 7a) UNIMPROVED TAX RESERVE TO LENDER: Buyer is aware that the escrow Bor wer(s) account being created at closing is based on partially unimproved taxes. Buyer Initial • also understands there is a possibility that the escrow account held by Lender may be short at the end of the year and the Lender could require additional money to make up the shortage or the Lender can increase the monthly payment to collect this shortage. Buyer(s) 8) TAX RENDITION AND EXEMPTIONS: Although the Galveston County Ini • Is: Appraisal District (AD) may independently determine Buyer's new ownership and billing address through deed record research, Buyer is still obligated by law to "render" the Property for taxation by notifying the AD of the change in the Property's ownership and of Buyer's proper address for tax billing. Buyer is advised that taxes may have been assessed on the basis of various exemptions obtained by Seller: 1) Homestead 2) Over-65 3) Disabled veteran 4) Agricultural To the extent that Buyer may qualify to continue these exemptions, it is the responsibility of Buyer to satisfy requirements of the AD within the period of time allowed. Buyer acknowledges understanding of these obligations and the fact that Title Company assumes no responsibility for future accuracy of AD records concerning ownership, tax-billing address or status of exemptions. Buyer(s) 8a) OVER 65 EXEMPTION: The property taxes on the above itials: referenced property are assessed with an over 65 exemption. If the Buy is not entitled to this exemption, the taxing authorities are aut ized by law to remove the exemption as of the date of sale and as ss the taxes for the remainder of the year at the non- exempt rate. he taxing authorities may send a supplemental tax bill assessing th emainder of the current year's taxes without the exemption. Buyer knowledges sole responsibility for the payment of and that Title Company shall have no liability or obligation with respect to ny supplemental tax bill. Further, unless instructed otherwise by the lender, the escrow (if any) was established using calculations based on the most recently available tax amounts, with the exemption. Therefore, the lender may, once the new tax amounts are established, adjust the Buyer's escrow payment to reflect the increased tax amount. Seller(s) Buyer(s) 8b) A •ICULTURAL EXEMPTION: Seller and Buyer hereby acknowledge they I . ials: In 'als: are a , re the real property being purchased is subject to an agricultural exemptio on the tax roll. The Title Company assumes no responsibility for any future r. back taxes and Buyer understands and agrees, if the taxing authorities roll •ack taxes due to the exemption being removed, they will be 'age 3 CLOSING AFFIDAVIT SELLER/PURCHASER/BORROWER responsible for all future taxes assessed by the taxing authorities and hold the Title Company harmless from any claim that may arise due to this exemption being removed from the tax roll. S ler(s) B er(s) 9) SPLIT OUT- TAXES: Seller and Buyer agree and understand the taxes need Init Is: Ini • Is: to be "split out" at the Appraisal District. By our initialing this section, we agree to hold the Title Company harmless from any claim that may arise due to any further adjustments of the prorations after closing. Seller(s) 10) PRIOR YEAR TAXES PAID: Seller certifies all taxes for prior years have Initials: been paid in full. The undersigned Seller further agrees to reimburse Title /4' - Company for any and all unpaid taxes, penalties, interest and attorney fees due to taxes being due and/or unpaid as determined by the AD and/or taxing authorities. Seller further agrees that any default in prior payment of property taxes, either current or delinquent, will on demand, be promptly reimbursed by Seller to Title Company. Seller(s) B er(s) 11) ACCEPTANCE OF REPAIRS: If Seller and Buyer have previously agreed Initials: Init Is: upon Seller's obligation to perform certain repairs to the Property prior to w__... closing, both parties affirm that all agreed upon repairs have been completed, and Buyer accepts such repairs as being completed to Buyer's satisfaction. Seller(s) Buy r(s) h a) REPAIRS SUBSEQUENT TO CLOSING: If Seller and Buyer have agreed Initials: Initia : upon Seller's obligation for certain repairs or other work affecting the Property to be performed after closing, both Buyer and Seller acknowledge their understanding that Title Company shall have no duty or responsibility concerning completion, quality of workmanship or materials, or payment for such post-closing repairs or work to or on the Property. yer(s) 12) HOMEOWNER'S ASSOCIATION: Buyer acknowledges notification that Ini 'als: ow -rship of the Property involves membership in a Homeowner's or Property Owne . Association to which monthly or annual dues or assessments will be owed th. may be enforceable by a lien against the Property. Buyer understan.- that the Association (or its managing agent) should be contacted by Buyer dire to ascertain the exact amount of future dues or assessments. Ti - Company disclaims any knowledge of, and has made no representations wit respect to, the Association's annual budget, pending repairs or deferred ma' tenance, if any, or other debts of the Association. Buyer accepts sole respo sibility to obtain such information and verify its accuracy to Buyer's satisfaction. er(s) 13) C MMON KEY NOTICE: Buyer acknowledges that the Property being Ini Is: pur sed has been and presently is accessible by means of a common or master ey used by the Seller for this and other properties. Buyer is advised to have a ocks on the Property immediately re-keyed, which will be at Buyer's expense. Bu r hereby releases Seller and Title Company from liability for any loss, damage, or injury that may result from future unauthorized entry by means of the common or master key. Seller(s) Buyer(s) 14) ARBITRATION: Initials: In. ial • Y. VACANT LAND You may require deletion of the arbitration provision of the Owner Title Policy. If you do not initial this provision, either you or the Company may require abitration, if the law allows. There is no charge to delete this provision. Seller(s) Buyer(s) B. SELLER FINANCE itials: Initials: You may require deletion of the arbitration provision of the Mortgagee Title Policy. If you do not initial this provision, either you or the Company may require arbitration, if the law allows. There is no charge to delete this provision. Seller(s) Buyer(s) 15) POWER OF ATTORNEY: This transaction involves the use of a Power of Initials: itials: Attor Authority has been granted to to act as agent and attorney in-fact for . Th itle Insurance Company must confirm that said Power of Attorney is still valid. Page 4 CLOSING AFFIDAVIT SELLER/PURCHASER/BORROWER Principal Contacted: (Ratified by) Date and Time Principal contacted: Phone Number: Seller(s) Buyer(s) 16) CLOSING DISCLAIMER: Seller and Buyer each acknowledge understanding that Initials: Igz the above referenced transaction has not yet "closed". At this time, any change in A' ' possession of the Property takes place AT BUYER'S AND SELLER'S OWN RISK. THIS TRANSACTION HAS NOT"CLOSED" UNTIL: A) ALL TITLE REQUIREMENTS ARE COMPLETED TO THE SATISFACTION OF TITLE COMPANY; B) ALL NECESSARY DOCUMENTS ARE PROPERLY EXECUTED, REVIEWED, AND ACCEPTED BY THE PARTIES TO THIS TRANSACTION, INCLUDING THE LENDER IF ANY, AND BY TITLE COMPANY; C) ALL FUNDS ARE COLLECTED AND DELIVERED TO AND ACCEPTED BY THE PARTIES TO WHOM THEY ARE DUE; AND D) ALL NECESSARY DOCUMENTS ARE FILED OF RECORD IN THE APPROPRIATE PUBLIC RECORDS. Buyer and Seller also recognize that neither Title Company nor its underwriter are under any obligation to defend possession of the Property or to insure title of the Property, until such time as the above stated requirements have been fulfilled. Seller(s) 17) NON-RESIDENT ALIEN: Seller is not a non-resident alien for purposes of United Initials: States Income Taxation. Page 5 CLOSING AFFIDAVIT SELLER/PURCHASER/BORROWER yer/ 18) DISCLOSURE TO PURCHASER: Undersigned Buyer/Borrower ("Undersigned") Bo ower(s) acknowledges that Ile Company has NOT performed a search of the real property Initia : records with referenc- o possible federal or state tax liens, abstract of judgements, or other involuntary lien which may have been filed against the Undersigned. Undersigned understands t .t such involuntary liens may need to be released prior to the resale or mortgaging o his property. The owner policy of title insurance does not protect the insured against involuntary liens filed against said insured. R- finance 19) AFFIDAVIT AS TO DEBTS & LIENS: Seller(s) Bor .wer(s) A) I am over the age of 18 ars. Initials: Initia : B) My marital status _has as not changed (CHECK THE APPROPRIATE RESP NSE) since the date that I acquired the above described property. C) I have also been known by the following names in addition to the name listed above: D) I state under oath that all bills for labor performed and material furnished for improvements (if any) made by, or for me have been paid, and that at present I do not owe any person or firm for such improvements; and there are no liens including federal or state tax liens or judgment liens, of any kind; and no proceedings have been commenced in any federal court or state court to which I am a party, except: $ t E) To my knowledge t are no oans or unpaid debts for any personal property or fixtures which are located on the subject property and that no such items have been purchased on time-payment contract; and that there are no security interests on such prop ecured by financing statements, security ag a ments or otherwise, ex t �,, n e $ o to (.VAS to cG56- $ to F) The amount due any lienholder was furnished by the lienholder and is good only through an anticipated disbursement date. Should there be any discrepancies First American Title Insurance Company is hereby authorized to disburse any additional funds required by lienholder and adjust the net amount due the Seller by a like amount. Seller is aware that the lienholder has furnished a statement showing amounts due to payoff existing lien(s). In the event lienholder makes a demand for a greater amount than shown on payoff statement and closing statement, Seller agrees to reimburse First American Title Insurance Company for any funds advanced in order to cure any discrepancies or demand. G) To my knowledge, Owner's possession of the property has been peaceable and undisturbed and title to said property has never been disputed or questioned, nor do I have any knowledge of adverse claims against any portion of the property. H) I have not signed any contracts of sale, deeds, deeds of trust, mortgages or quitclaims affecting the property, except documents pertaining to the guaranty file listed above. I) I have no knowledge of any paving or mowing liens outstanding against the property. I understand that the Purchaser and/or Lender and Title Company in this transaction are relying upon the representations contained herein in purchasing the subject property, lending money thereon, and/or issuing title insurance policies thereon, and would not do any of the above unless said representations were made. Page 6 CLOSING AFFIDAVIT SELLER/PURCHASER/BORROWER 4, City of Friendswood Wallace Trochess Shannon Trochesset162-461.---4—.1"---2; By: Kimball W. Brizendine, Mayor SWORN TO AND SUBSCRIBED FORE ME on this , ` day of September, 2005, by Citrof-Friend I Kitt/Da-a- W • Ga/X- , tea-yvz #. MELODY LEARY / /, ��//ice Notary public,Slate ot Tow ;_4t;� My Commission Expires 0246.2000 Notary Public, S ate o•Texas STATE OF TEXAS ) ) § COUNTY OF HARRIS ) • This instrument was acknow dged before me on this c2 day of September, 2005, by Cam+-ef-Frien±woed. ) J rxba,ul w . , :.'.. . :ti,_-'.'>,�.'.N.^,'Z'W. ti.-tip'7>r el • `� Y, MELODY LEARY f •i Notary Pubta,Stale of Texas /, ',A /I /, f \+�. Isr r My CorswrYsstoo Expires 02•ilv2 f y —� 1 p �+�+• �; Notary Public, St- e of exas .) Sworn to and subscribed before me this a day of September, 2005, by 'allace Trochesset and Shannon Trochesset. Y MELODY LEARY i •t�y� 1. Notary Public.State of Texas 1./. / / ill / tt 6G'�� CuiissionExpues02.1&2000 ���{{{ V Notary Publ. , State ,. Texas STATE OF TEXAS ) ) § COUNTY OF HARRIS ) This instrument was acknowledged before me this 28 day of September, 2005, by Wallace Trochesset and Shannon Trochesset. •. 6 e - t,�ELODY LEARY ( / / / puN�.State of Texas / / � OI / ' �'�:T My Commission a2.1S 2tX10 `.:1.`...L� '�+� �E Notary Pub c, State • Tex. 4,...^mac.. • .. .. ' Sworn to and sue cribed before me this day o '-ptemb. , 20$ • b , of Walla : Troches and Shannon Troche.set, a corporation, on behalf of s... corporation. Notary P blic, St. - of Texas STATE OF TEXA' ) § COUNTY OF HARRI ) Page 7 WARRANTY DEED NOTICE OF CONFIDENTIALITY RIGHTS:IF YOU ARE A NATURAL PERSON,YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS:YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF GALVESTON That WALLACE TROCHESSET and wife, SHANNON TROCHESSET Grantor(s), of the County of L/LLUAGYL and State of ,D.e—A01/ for and in consideration of the sum of Ten and No/100 ($10.00) Dollars, and other valuable consideration to the undersigned paid by the Grantee(s) herein named, the receipt of which is hereby acknowledged, have GRANTED, SOLD AND CONVEYED, and by these presents do GRANT, SELL AND CONVEY unto CITY OF FRIENDSWOOD Grantee(s), whose mailing address is: City of , County of and State of all of the following described real property in Galveston County, Texas,to-wit: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. together with all of the rights, titles, appurtenances and hereditaments thereto. This conveyance is made and accepted subject to all easements, reservations, conditions, covenants and restrictive covenants as the same appear of record in the Office of the County Clerk of the county aforesaid. Grantor, for the consideration and subject to the reservations from and exceptions to conveyance and warranty, grants, sells, and conveys to Grantee the property, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and hold it to Grantee, Grantee's heirs, executors, administrators, successors, or assigns forever. Grantor binds Grantor and Grantor's heirs, executors, administrators, successors or assigns to warrant and forever defend all and singular the property to Grantee and Grantee's heirs, executors, administrators, successors, and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof. When the context requires, singular nouns and pronouns include the plural. EXECUTED on this the day of , 2005. WALLACE TROCHESSET SHANNON TROCHESSET THE STATE O XA ' COUNTY O This instrument was acknowledged before me on 2P 2005, by WALLACE TROCHESSET and SH ON TROCHE SET. MELODY LEARY i /� �.. _tv_//4. , 4 V Notary Slate a Texas I, Notary Public, of Texas Allr My Commission Expires 02•18 2009 A._ ' '�" My Commissi& pires: �,..�y'�; `�v..'.,:.fi/ \ 'TO: