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No Address - Warranty Deed - Thomas Howard Kent
V9/1,/01 ex cc: RR • 2E8024 KAZ f WARRANTY DEED 08/23/01 201589315 V258024 $13.00 Date: August ,2001 Grantor: T.H.KENT,a/k/a THOMAS HOWARD KENT,not joined herein by his wife for the (v— reason that the property herein described constitutes no part of their residential homestead Grantor's Mailing Address (including county): 1479 FM 2679 Brenham, Texas 77833 (Washington County) Grantee: CITY OF FRIENDSWOOD Grantee's Mailing Address (including county): 910 South Friendswood Drive Ctil Friendswood, TX 77546 (Galveston County) Consideration: For Ten and No/100 Dollars and other valuable consideration. ( Property(including any improvements): Being a tract of land containing 2.000 acres(87,112 square feet)out of the J.E.Perry and E. M. Austin League Survey, A-55, Harris County,Texas,said 2.000 acre tract being a portion of the called 10 acres of land conveyed to T.H.Kent as recorded under LP Harris County Clerk's File No. B506666, Film Code No. 070-08-0301 of the Official Public Records of Real Property in Harris County, Texas, and being a portion of Division D of Lot Sixty-Four (64),according to the map or plat thereof, recorded in Volume 3,Page 6 of the Map Records of Harris County,Texas,said 2.000 acre tract being more particularly described by metes and bounds in Exhibit "A" attached hereto and made a part hereof for all purposes. Reservations from and exceptions to Conveyance and Warranty: Easements, rights-of-way, and prescriptive rights, whether of record or not; all presently recorded instruments, other than liens and conveyances, that affect the property. Taxes for the current year have been prorated and are assumed by Grantee. 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 legal representatives,successors and assigns forever,Grantor binds Grantor and Grantor's heirs,executors,administrators,successors and assigns to warrant and forever defend all and singular the property to Grantee and Grantee's legal representatives, successors and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, except to the reservations from and exceptions to conveyance and warranty. Alamo Title 23 FILED BY ALAMO TITLE COMPANY �� �� z/c `� 1 r r • When the context requires,singular nouns and pronouns include the plural. 1 . H. KENT THE STATE OF TEXAS {} COUNTY OF HARRIS {} This instrument was acknowledged before me on the Zv day of August, 2001, by T. H. KENT. S1 �r 1 r°f,trR� -_ C-t ALISCHA M.SMITH 6U,ts � &)217/ 1• , yl� Notary Public,State of Texas My Commission Expires 12-03-2003 Notary Public,State o Texas Notary'sprinted nam :Li 5�h� 1.4 . sryt, Notary's commission expires: /z • 3 . -7003 Return to: City of Friendwood 910 South Friendswood Drive Friendswood, TX 77546-4856 (KAM/bd H:42302I59 GH) GF No. 01-42302159 EXHIBIT "A" Being a tract of land containing 2.000 acres (87,1 12 square feet) out of the J.E. Perry and E.M. Austin League Survey, A-55, Harris County, Texas, said 2.000 acre tract being a portion of the n called 10 acres of land conveyed to T.H. Kent as recorded under Harris County Clerk's File No. _V B506666, Film Code No. 070-08-0301 of the Official Public Records of Real Property in Harris County, and being a portion of Division D of Lot 64, according to the map thereof recorded in Volume 3, Page 6, Harris County Map Records, Harris County, Texas, said 2.000 acre tract being more particularly described by metes and bounds as follows, with the basis of bearing being a Southerly line of a 185.994 acre tract of land conveyed to Coastal Bend Property Development, L.L.C. as recorded under Harris County Clerk's File No. S903461, Film Code No. 517-37-2615 of the Official Public Records of Real Property in Harris County: BEGINNING at a 1/2 inch iron rod found in a Southerly line of said 185.994 acre tract, for the West corner of Division C of Lot 64, according to the map thereof recorded in Volume 3, Page 6, Harris County Map Records, Harris County, Texas, for the West corner of a called 10.000 acre tract of land conveyed to John Q. Norman and wife, Myrna R. Norman as recorded under N Harris County Clerk's File No. P616830, Film Code No. 196-44-1 1 12 of the Official Public Records of Real Property in Harris County, for the North corner of said Division D of Lot 64, for CZ the North corner of said T.H. Kent tract and for the North corner of the tract herein described; SI THENCE, South 48 deg. 22 min. 33 sec. East, leaving the a Southerly line of said 185.994 acre tract, with a Northeasterly line of said Division D of Lot 64, with a Southwesterly line of said Division C of Lot 64, a distance of 295.16 feet to a 5/8 inch iron rod with cap stamped 0 "Weisser Eng. Houston Tx" set for the East corner of said tract herein described; rn THENCE, South 42 deg. 23 min. 45 sec. West, leaving the Northeasterly line of said Division D of Lot 64, a distance of 295.16 feet to a 5/8 inch iron rod with cap stamped "Weisser Eng. M Houston Tx" set for the South corner of said tract herein described; In THENCE, North 48 deg. 22 min. 33 sec. West, a distance of 295.16 feet to a 5/8 inch iron rod with cap stamped "Weisser Eng. Houston Tx" set in a Southerly line of said 185.994 acre tract and for the West corner of said tract herein described; THENCE, North 42 deg. 23 min. 45 sec. East, with a Southerly line of said 185.994 acre tract, a distance 295.16 feet to the point of BEGINNING and containing 2.000 acres (87,112 square feet) of land. NOTE: THIS COMPANY DOES NOT REPRESENT THAT THE ABOVE ACREAGE AND/OR SQUARE FOOTAGE CALCULATIONS ARE CORRECT. orELa+aFsrn�crs SUE,gE11fAL THE BESCR6ED BfAI PROPERTY BECAUSE 0.OPRACE 6NVAID AMD UNENFORCEABLE UIIpERFEBERAI Uw•THE STATEOASCOUNTY OFRIS p,p�MriiMYr IWebllhlBs � n`y� RdRerP�MMIdIMs yF mwsdaMAECOIBD -. c , ' a p,Toa AUG 2 3 2001 D ''� 1`J y Ca Go ; 400a/re COUNTY CLERK TFS •.�,� HARRIS COUNTY. 1 • 11-8-99 APROMULGATED BY THE TEXAS REAL ESTATE COMMISSION(TREC) UNIMPROVED PROPERTY CONTRACT NOTICE: Not For Use For Condominium Transactions 1. PARTIES: TOM H KENT (Seller)agrees to sell and convey to CITY OF FRIENDSWOOD (Buyer)and Buyer agrees to buy from Seller the property described below. 2. PROPERTY: Lot 64D , Block NORTHEAST 2 ACRES OF LOT 64D Addition, City of FREINDSWOOD HARRIS County, Texas, known as 2 ACRES OF LOT 64D 77 (Address/Zip Code), or as described on attached exhibit, (the Property). The Property ❑ is a is not subject to mandatory membership in an owners' association. The TREC Addendum For Property Subject To Mandatory Membership In An Owners'Association ❑ is 121 is not attached. NOTICE TO BUYER: If the Property is subject to mandatory membership in an owners'association,Seller notifies Buyer under §5.012, Texas Property Code, that, as a purchaser of property in the residential community in which the Property is located, you are obligated to be a member of an owners' association. Restrictive covenants governing the use and occupancy of the Property and a dedicatory instrument governing the establishment, maintenance, and operation of this residential community have been or will be recorded in the Real Property Records of the county in which the Property is located.Copies of the restrictive covenants and dedicatory instrument may be obtained from the county clerk. You are obligated to pay assessments to the owners'association.The amount of the assessments is subject to change.Your failure to pay the assessments could result in a.lien on and the foreclosure of the.Property. 3. SALES PRICE: A. Cash portion of Sales Price payable by Buyer at closing . $ 40,000.00 • B. Sum of all financing described below $ o.00 C. Sales Price (Sum of A and B) $ 40,000.00 4. FINANCING: Within days after the effective date of this contract Buyer shall apply for all third party financing or noteholder's approval of any assumption and make every reasonable effort to obtain financing or assumption approval. Financing or assumption approval will be deemed to have been obtained when the lender determines that Buyer has satisfied all of lender's financial requirements (those items relating to Buyer's net worth, income and creditworthiness). If financing or assumption approval is not obtained within days after the effective date hereof, this contract will terminate and the earnest money will be refunded to Buyer. Each note to be executed hereunder must be secured by vendor's and deed of trust liens. The portion of Sales Price not payable in cash will be paid as follows: (Check applicable boxes below) ❑ A.THIRD PARTY FINANCING: ❑ (1) This contract is subject to approval for Buyer of a third party loan in an amount not to exceed 0.000 % of the Sales Price, evidenced by a third party first lien promissory note of not less than $ , due in full in year(s), with interest not to exceed % per annum for the first year(s) of the loan. ❑ (2) This contract is subject to approval for Buyer of a third party loan in an amount not to exceed % of the Sales Price, evidenced by a third party second lien promissory note of not less than $ , due in full in year(s), with interest not to exceed % per annum for the first year(s)of the loan. ❑ B. SELLER FINANCING: A promissory note from Buyer to Seller of$ , bearing interest per annum, secured by vendor's and deed of trust liens, in accordance with the terms and conditions set forth in the attached TREC Seller Financing Addendum. If an owner policy of title insurance is furnished, Buyer shall furnish Seller with a mortgagee policy of title insurance. U C. ASSUMPTION: ❑ (1) Buyer shall assume the unpaid principal balance of a first lien promissory note payable to which unpaid balance at closing will be $ . The total current monthly payment including principal, interest and any reserve deposits is $ . Buyer's initial payment will be the first payment due r closing. Initialed for identification by Buye t- and Seller_r __ 01 A TREC NO. 9-4 Compiler generated using AotoCortract"'v4 11 software,from AuoReatty Poems,Inc.,1060 W.Pip 1s,Sute 101,Hurt,TX 76053,(800)322-1178 F:\8UTOREALw 021LOT64o.000 Ths irstalalton of AuoCoro a..t'.is Ycersed for use to Cleruy 21 K.E.Y., of is not transferable Use by otters is a violation of federal copyngtt law under Title 17 U.S.0§101. pied 06-01-2001 • • Unimproved Property Contras Concemino 2 ACRES OF LOT 64D Page Two r 11-8-99 (Address of Property) U (2) Buyer shall assume the unpaid principal balance of a second lien promissory note payable to which unpaid balance at dosing will be $ . The total current monthly payment including principal, interest and any reserve deposits is $ . Buyer's initial payment will be the first payment due after dosing. Buyer's assumption of an existing note includes all obligations imposed by the deed of trust securing the note. If the unpaid principal balance(s) of any assumed loan(s)as of the Closing Date varies from the loan balance(s) stated above,the❑cash payable at dosing❑ Sales Price will be adjusted by the amount of any variance;provided,if the total principal balance of all assumed loans varies in an amount greater than $350.00 at closing, either party may terminate this contract and the earnest money will be refunded to Buyer unless the other party elects to eliminate the excess in the variance by an appropriate adjustment at dosing. If the noteholder requires (a) payment of an assumption fee in excess of $ in C(1) above or$ in C(2) above and Seller declines to pay such excess, or (b)an increase in the interest rate to more than % in C(1) above, or % in C(2) above, or(c) any other modification of the loan documents, Buyer may terminate this contract and the earnest money will be refunded to Buyer. A vendor's lien and deed of trust to secure assumption will be required which shall automatically be released on execution and delivery of a release by noteholder. If Seller is released from liability on any assumed note,the vendor's lien and deed of trust to secure assumption will not be required. NOTICE TO BUYER: The monthly payments, interest rates or other terms of some loans may be adjusted by the lender at or,after.dosing. If you are concerned about the possibility of future adjustments, do not sign the contract without examining the notes and deeds of trust: • • NOTICE TO SELLER: Your liability to pay the note assumed by Buyer will continue unless you obtain a release of liability from the lender. If you are concerned about future liability,you should use the TREC Release of Liability Addendum. ❑ D. CREDIT APPROVAL ON ASSUMPTION OR SELLER FINANCING: Within days after the effective date of this contract, Buyer shall deliver to Seller ❑ credit report LI verification of employment, induding salary❑ verification of funds on deposit in financial institutions❑ current financial statement to establish Buyer's creditworthiness or assumption approval or seller financing and ❑ If Buyer's documentation is not delivered within the specified time, Seller may terminate this contract by notice to Buyer within 7 days after expiration of the time for delivery, and the earnest money will be paid to Seller. If this contract is not so terminated, Seller will be deemed to have accepted Buyer's credit If the documentation is timely delivered, and Seller determines in Seller's sole discretion that Buyer's credit is unacceptable,Seller may terminate this contract by notice to Buyer within 7 days after expiration of the time for delivery and the earnest money will be refunded to Buyer. If Seller does not so terminate this contract, Seller will be deemed to have accepted Buyer's credit Buyer hereby authorizes any credit reporting agency to furnish to Seller at Buyer's sole expense copies of Buyer's credit reports. 5. EARNEST MONEY: Buyer shall deposit$ 1,000.00 as earnest money with ALAMO TITLE CO. at 1331 GEMINI (Address),as escrow agent, upon execution of this contract by both parties. Additional earnest money of$ must be deposited by Buyer with escrow agent on or before _ If Buyer fails to deposit the earnest money as required by this contract, Buyer will be in default. 6. TITLE POLICY AND SURVEY: a A. TITLE POLICY: Seller shall furnish to Buyer at ❑Seller's a Buyer's expense an owner policy of title insurance (the Title Policy)issued by ALAMO TITLE (the Title Company)in the amount of the Sales Price, dated at or after dosing, insuring Buyer against loss under the provisions of the Title Policy, subject to the promulgated exclusions (including existing building and zoning ordinances)and the following exceptions: (1) Restrictive covenants common to the platted subdivision in which the Property is located. (2) The standard printed a ption for standby fees, taxes and assessments. Initialed for identification by Buyer and Seller 01 A TREC NO. 9-4 Computer generated using AEoContract"'v4.11 software.from AutoReay Producds.Inc.1060 W Pipeline.Suite 101.Hurst.TX 76053.(800)322-1178 F.MUTOREAL100021LOT6413.000 This installation of A toCorcrad"is licensed for use to Century 21 K.E Y and is not transferable Use by others is a violation of federal copyngt law under Title 17 U s C.§101. pnrded 05-31-2001 r Unimproved Property Contract Concerning 2 ACRES 0)F LOT 64D Page Three 11-8-99 (Address of Property) (3) Liens created as part of the financing described in Paragraph 4. (4) Utility easements created by the dedication deed or plat of the subdivision in which the Property is located. (5) Reservations or exceptions otherwise permitted by this contract or as may be approved by Buyer in writing. (6) The standard printed exception as to discrepancies,conflicts,shortages in area or boundary lines, encroachments or protrusions, or overlapping improvements. (7) The standard printed exception as to marital rights. (8) The standard printed exception as to waters, tidelands, beaches, streams, and related matters. Within 20 days after the Title Company receives a copy of this contract,Seller shall furnish to Buyer a commitment for title insurance (the Commitment) and, at Buyer's expense, legible copies of restrictive covenants and documents evidencing exceptions in the Commitment other than the standard printed exceptions. Seller authorizes the Title Company to mail or hand deliver the Commitment and related documents to Buyer at Buyer's address shown below. If the Commitment is not delivered to Buyer within the specified time, the time for delivery will be automatically extended up to 15 days. al B. SURVEY: (Check one box only) 021 (1) Within 30 days after the effective date of this contract, Buyer shall obtain a survey at Buyer's expense. ❑ (2) Within days after the effective date of this contract, Seller shall cause a survey to be delivered to Buyer at Seller's expense_ ❑ (3) Within days after the effective date of this contract, Seller will deliver to Buyer the , • existing'survey plat of.the Property dated . . . , , which ❑will ❑will not be recertified to a date subsequent to the effective date of this contract at the expense of❑ Buyer❑ Seller. ,• The survey must be made by a Registered Professional Land Surveyor acceptable to the Title Company and any lender. Buyer may object to existing building and zoning ordinances, items 6A(1) through (8) above and matters shown on the survey if Buyer determines that any such ordinance, items or matters prohibits the following use or activity: Buyer will have 7 days after the receipt of the latter of the Commitment or survey to object in writing to matters disclosed in the Commitment or survey. Buyer's failure to object under Paragraph 6 within the time allowed will constitute a waiver of Buyer's right to object; except that the requirements in Schedule C of the Commitment will not be deemed to have been waived. Seller shall cure the timely objections of Buyer or any third party lender within 20 days after Seller receives the objections and the Closing Date will be extended as necessary. If objections are not cured by the extended Closing Date, this contract will terminate and the earnest money will be refunded to Buyer unless Buyer elects to waive the objections. NOTICE TO SELLER AND BUYER: (1) Broker advises Buyer to have an abstract of title covering the Property examined by an attorney of Buyer's selection,or Buyer should be furnished with or obtain a Title Policy. If a Title Policy is furnished, the Commitment should be promptly reviewed by an attorney of Buyer's choice due to the time limitations on Buyer's right to object (2) If the Property is situated in a utility or other statutorily created district providing water, sewer,drainage, or flood control facilities and services,Chapter 49 of the Texas Water Code requires Seller to deliver and Buyer to sign the statutory notice relating to the tax rate, bonded indebtedness, or standby fee of the district prior to final execution of this contract. (3) If the Property abuts the tidally influenced waters of the state,Section 33.135,Texas Natural Resources Code, requires a notice regarding coastal area property to be included in the contract. An addendum either promulgated by TREC or required by the parties should be used. (4) Buyer is advised that the presence of wetlands, toxic substances, including asbestos and wastes or other environmental hazards or the presence of a threatened or endangered species or its habitat may affect Buyer's intended use of the Property. If Buyer is concerned about these matters, an addendum either promulgated y TREC or required by the parties should be used. Initialed for identification by Buy ./ and Seller `- 01 A TREC NO. 9-4 Corrupter generated using ArtoCortrad"'v4 11 software,from AutoRealty Products Inc.,1060 W.P)peJne,Suite 101,Hurst,TX 76053.(800)322-1178 C PROGRAM FII ES\ACVJIN\WKFILES\Untibed This ir,o)o ration of AutoC0 drat'•is licensed for Use to.Century 21 K.E.Y..and is not transferable. Use by others is a violation of federal copyright law under Title 17 U.S.C.§101. Anted 05-31-2001 r, Unimproved Property Contrad Concerning 2 ACRES OF LOT' 6 4D Page Four 1 1-8-99 (Address of Property) • (5) If the Property is located outside the limits of a municipality, Seller notifies Buyer under§5.011, Texas Property Code, that the Property may now or later be included in the extraterritorial jurisdiction of a municipality and may now or later be subject to annexation by the municipality. Each municipality maintains a map that depicts its boundaries and extraterritorial jurisdiction.To determine if the Property is located within a municipality's extraterritorial jurisdiction or is likely to be located within a municipality's extraterritorial jurisdiction, contact all municipalities located in the general proximity of the Property for further information. (6) Unless expressly prohibited in writing by the parties,Seller may continue to show the Property for sale and to receive, negotiate and accept back-up offers. 7. PROPERTY CONDITION: A. INSPECTIONS, ACCESS AND UTILITIES: Buyer may have the Property inspected by an inspector selected by Buyer,licensed by TREC or otherwise permitted by law to make such inspections.Seller shall permit access to the Property at reasonable times for inspection, repairs and treatment and for reinspection after repairs and treatment have been completed. Seller shall pay for turning on utilities for inspection and reinspection. B. ACCEPTANCE OF PROPERTY CONDITION:NOTICE:Buyer should determine the availability of utilities to the Property suitable to satisfy Buyer's needs. (check one box only): J® (1) In addition to any earnest money deposited with escrow agent, Buyer has paid Seller $ 50•00 (the"Option Fee")for the unrestricted right to terminate this contract by giving notice of termination to Seller within 30 days after the effective date of this contract. If Buyer gives notice of termination within the time specified,,the Option Fee will not be refunded,however, any earnest money will be refunded to-Buyer: If Buyer does not give notice of termination within . the time specified,Buyer will be deemed to have acrented the Property in its current condition and the Option Fees will ❑ will not be credited to the Sales Price at dosing. • - • ❑(2) Buyer accepts the Property in its present condition_ BROKERS' FEES: All obligations of the parties for payment of brokers' fees are contained in separate written agreements. 9. CLOSING: The dosing of the sale will be on or before JULY 31 , 2001 , or within 7 days after objections to matters disclosed in the Commitment or by the survey have been cured, whichever date is later (the Closing Date). If financing or assumption approval has been obtained pursuant to Paragraph 4,the Closing Date will be extended up to 15 days if necessary to comply with lender's dosing requirements.If either party fails to close this sale by the Closing Date,the non-defaulting party will be entitled to exercise the remedies contained in Paragraph 15. At dosing Seller shall furnish tax statements or certificates showing no delinquent taxes and a general warranty deed conveying good and indefeasible title showing no additional exceptions to those permitted in Paragraph 6. 10. POSSESSION: Seller shall deliver possession of the Property to Buyer at closing and funding. 11. SPECIAL PROVISIONS:(Insert only factual statements and business details applicable to this sale.TREC rules prohibit licensees from adding factual statements or business details for which a contract addendum, lease or other form has been promulgated by TREC for mandatory use.) CITY TO PROVIDE ONE RESIDENTIAL WATER TAP TO SELLER FOR THE, ADJACENT PROPERTY. g,•-• (---Q- CI' i() COO, (3:2) C Initialed for identification by Buyer and Seller ae 01 A TREC NO. 9-4 Computer generated using AutoContrad' v4 11 software,from AotoRealy Products,Inc.,1060 W Pipeline,Suite 101,Hurst,TX 76053,(800)322-1178 C:\PROGRAM FILES\ACWIN\WKF ILES\Untitled This installation of AuoCordrad'"is licensed for use to Century 21 K.E Y and is net transferable. Use by others is a violation of federal copyngfd law under Title 17 U S C.§101. printed 05-31-2001 Unimproved Property Contract Concerning 2 ACRES OF LOT 64D Page Five 11-8-99 (Address of Property) 12. SETTLEMENT AND OTHER EXPENSES: A The following expenses must be paid at or prior to dosing: (1) Appraisal fees will be paid by NIA (2) The total of loan discount fees may not exceed 0.000 % of the loan of which Seller shall pay o and Buyer shall pay the remainder. The total of any buydown fees may not exceed which will be paid by (3) Seller's Expenses: Releases of existing liens, including prepayment penalties and recording fees; release of Seller's loan liability; tax statements or certificates; preparation of deed: one-half of escrow fee; and other expenses stipulated to be paid by Seller under other provisions of this contract. (4) Buyer's Expenses: Loan application, origination and commitment fees; loan assumption costs; preparation and recording of deed of trust to secure assumption;lender required expenses incident to new loans, including preparation of loan documents, recording fees, tax service and research fees,warehouse or underwriting fees,copies of restrictions and easements,amortization schedule, premiums for mortgagee title policies and endorsements required by lender, credit reports, photos;required premiums for flood and hazard insurance; required reserve deposit for insurance premiums and ad valorem taxes; interest on all monthly installment notes from date of disbursements to one month prior to dates of first monthly payments;one-half of escrow fee; and other expenses stipulated to be paid by Buyer under other provisions of this contract. B. If any expense exceeds an amount expressly stated in this contract for such expense to be paid by a party, that party may terminate this contract unless the other party agrees to pay such excess. In no event will Buyer pay charges and fees expressly.prohibited by,governmental loan program regulations. ;a3: PRORATIONS AND ROLLBACK TAXES : . ` A PRORATIONS: Taxes for the current year, interest; maintenance fees,assessments, dues_pnd rents will be prorated through the Closing Date. If taxes for the current year vary from the amount prorated at dosing, the parties shall adjust the prorations when tax statements for the current year are available. If a loan is assumed and the lender maintains an escrow account,the escrow account must be transferred to Buyer without any deficiency. Buyer shall reimburse Seller for the amount in the transferred account. Buyer shall pay the premium for a new insurance policy. If taxes are not paid at or prior to dosing, Buyer will be obligated to pay taxes for the current year. B. ROLLBACK TAXES: If this sale or Buyer's use of the Property after closing results in the assessment of additional taxes, penalties or interest(Assessments)for periods prior to dosing,the Assessments will be the obligation of Buyer- If Seller's change in use of the Property prior to dosing or denial of a special use valuation on the Property claimed by Seller results in Assessments for periods prior to dosing, the Assessments will be the obligation of Seller. Obligations imposed by this paragraph will survive dosing. 14. CASUALTY LOSS: If any part of the Property is damaged or destroyed by fire or other casualty loss after the effective date of the contract,Seller shall restore the Property to its previous condition as soon as reasonably possible, but in any event by the Closing Date. If Seller fails to do so due to factors beyond Seller's control, Buyer may either (a) terminate this contract and the earnest money will be refunded to Buyer (b) extend the time for performance up to 15 days and the Closing Date will be extended as necessary or (c) accept the Property in its damaged condition and accept an assignment of insurance proceeds. Seller's obligations under this paragraph are independent of any obligations of Seller under Paragraph 7. 15. DEFAULT: If Buyer fails to comply with this contract, Buyer will be in default, and Seller may either (a) enforce specific performance, seek such other relief as may be provided by law,or both,or(b)terminate this contract and receive the earnest money as liquidated damages, thereby releasing both parties from this contract. If, due to factors beyond Seller's control, Seller fails within the time allowed to make any non-casualty repairs or deliver the Commitment, Buyer may either(a)extend the time for performance up to 15 days and the Closing Date will be extended as necessary or(b)terminate this contract as the sole remedy and receive the earnest money- If Seller fails to comply with this contract for any other reason, Seller will be in default and Buyer may either(a)enforce specific performance, seek such other relief as may be provided by law, or both, or (b) terminate this contract and receive the earnest money, thereby releasing both parties from this act. Initialed for identification by Buye and Seller 01 A TREC NO. 9-4 Computer generated using Au toContract"v4.11 software.from AutoRealty Products.Inc..1060 W.Pipeline.Sc,te 101,Hurst.TX 76053,(800)322-1178 C\PROGRAM FILES\ACWIMWKFILES\UnMled Tfas installation of ArdoContract'.is licensed for use to.Century 21 K.E.Y and is not transferable Use by others is a vitiation of federal copyrigfg law under Title 17 U.S.C.§101 ported 05-31-2001 . • Unimproved Property Contract Concerning 2 ACRES OF ,LOT 64D page Six 1143-99 (Address of Property) 16. DISPUTE RESOLUTION: It is the policy of the State of Texas to encourage the peaceable resolution of disputes through alternative dispute resolution procedures. The parties are encouraged to use an addendum approved by TREC to submit to mediation disputes which cannot be resolved in good faith through informal discussion. 17. ATTORNEY'S FEES: The prevailing party in any legal proceeding brought under or with respect to the transaction described in this contract is entitled to recover from the non-prevailing party all costs of such proceeding and reasonable attorneys fees. 18. ESCROW: The earnest money is deposited with escrow agent with the understanding that escrow agent is not(a)a party to this contract and does not have any liability for the performance or nonperformance of any party to this contract,(b)liable for interest on the earnest money and(c)liable for any loss of earnest money caused by the failure of any financial institution in which the earnest money has been deposited unless the financial institution is acting as escrow agent. At closing,the earnest money must be applied first to any cash down payment,then to Buyer's closing costs and any excess refunded to Buyer. If both parties make written demand for the earnest money, escrow agent may require payment of unpaid expenses incurred on behalf of the parties and a written release of liability of escrow agent from all parties. If one party makes written demand for the earnest money, escrow agent shall give notice of the demand by providing to the other party a copy of the demand- If escrow agent does not receive written objection to the demand from the other party within 30 days after notice to the other party, escrow agent may disburse the earnest money to the party making demand reduced by the amount.of.unpaid expenses incurred on behalf of.the party receiving the earnest money and escrow agent may pay the same to the creditors. If escrow agent complies with the •• •provisions of this paragraph,each party hereby releases escrow agent from all adverse claims related to the • disbursal•of the earnest money. Escrow 'agent's notice to the Other'party will be effective when deposited • • in the U.S.Mail, postage prepaid,certified mail, return receipt requested,addressed to the other party at such parts address shown below. Notice of objection to the demand will be deemed effective upon receipt by escrow agent. 19. REPRESENTATIONS: Seller represents that as of the Closing Date(a)there will be no liens,assessments, or security interests against the Property which will not be satisfied out of the sales proceeds unless securing payment of any loans assumed by Buyer and(b)assumed loans will not be in default If any representation in this contract is untrue on the Closing Date, this contract may be terminated by Buyer and the earnest money will be refunded to Buyer.All representations contained in this contract will survive closing. 20. FEDERAL TAX REQUIREMENT:If Seller is a"foreign person",as defined by applicable law,or if Seller fails to deliver an affidavit that Seller is not a"foreign person", then Buyer shall withhold from the sales proceeds an amount sufficient to comply with applicable tax law and deliver the same to the Internal Revenue Service together with appropriate tax forms.IRS regulations require filing written reports if cash in excess of specified amounts is received in the transaction. 21. AGREEMENT OF PARTIES: This contract contains the entire agreement of the parties and cannot be changed except by their written agreement. Addenda which are a part of this contract are (list): MEDIATION AGREEMENT,ENVIRONMENT ADDENDUM 22. CONSULT YOUR ATTORNEY: Real estate licensees cannot give legal advice. This contract is intended to be legally binding. READ IT CAREFULLY. If you do not understand the effect of this contract,consult your attorney BEFORE signing. Buyer's Seller's Attorney is: Attorney is: Initialed for identification by Buyer and Seller 01 A TREC NO. 9-4 Computer generated using AutoContract"v4.11 software.from AutoReaty Products.Inc..1060 W.Pipeltne.Surrte 101.Horst,TX 76053.(800)322-1178 C•0 ROGRAM FILESIACWIMWKFILES\Untitled This itsstatation of AutoContracf'is hcensed for use to.Century 21 K.E Y and is not transferable. Use by others is a violation of federal copynght taw under Ttle 17 U S C.§101. prirded 05-31-2001 • Unimproved Property Contract Concerning NORTHEAST 2 ACRES OF LOT 64D Page Seven 11-8-99 (Address of Property) 23. NOTICES: All notices from one party to the other must be in writing and are effective when mailed to, hand-delivered at, or transmitted by facsimile machine as follows: To Buyer at: To Seller at: CITY OF FRIENDSWOOD TOM KENT 910 FRIENDSWOOD DRIVE 1479 FM 2679 FRIENDSWOOD,TX 77546 BRENHAM,TX.77833 Telephone: 281-996 3200 Telephone: 979-830-7289 Facsimile: _ Facsimile: EXECUTED the day of , (THE EFFECTIVE DATE). (BROKER: FILL IN THE DATE OF FINAL ACCEPTANCE.) l01— Buyer C FRIENDS OD' ' Seller TOM KENT B yer HAROLD ITa Seller The form of this contract has been approved by the Texas Real Estate Commission. Such approval relates to this contract form only.TREC forms are intended for use only by leaned real estate licensees.No represeptation is made as to the legal validity or adequacy of any provision in any specific transaction.It is not suitable for complex transactions. Extensive riders or additions are not to be used.Texas Real Estate Commission,P.O.Box 12188,Austin,TX 78711-2188,1-800-250-8732 or(512)459-6544 (http./Mww.trec.state.tx.us)TREC NO. 9-4.This form replaces TREC NO.9-3, BROKER INFORMATION AND RATIFICATION OF FEE Listing Broker has agreed to pay Other Broker 0 of the total sales puce when Listing Broker's fee is received.Escrow Agent is authorized and directed to pay Other Broker from Listing Broker's fee at closing. Other Broker License No. Listing Broker . License No. represents . ❑Seller as Listing Broker's subagent represents ❑Seller and-Buyer.as an intermediary ❑Bijyer only as Buyer's agent U Seller only as Seller's agent • Listing Associate Telephone • Associate Telephone Selling Associate Telephone Broker Address Broker Address Telephone Facsimile Telephone Facsimile RECEIPT Receipt of❑ Contract and❑ $ 1,000.00 Earnest Money in the form of is acknowledged. Escrow Agent:ALAMO TITLE CO. Date: 1331 GEMINI Telephone: Address Facsimile: City State Zip Code 01 A TREC NO. 9-4 Comps gereraied Lang AktoCo,t t".w.11 software,horn ALLoReaty Pronris.arc..1660 W Pipehf,Suite 101,Mi+3L TX 76053.(WO)322-1178 F.WUTOREAL`000Z1.01641/000 Tits installation of ArloCortad"'S bossed for use to:Certry 21 KEY.,and o not transferable.Use by otters is a`iccion of tsleral mpYr#t taw under Title 17 U.S.C.§101. Anted 66-01-2001 . 10-25-93 A ICIMIN ENVIRONMENTAL ASSESSMENT, THREATENED OR ENDANGERED SPECIES, AND WETLANDS ADDENDUM PROMULGATED BY THE TEXAS REAL ESTATE COMMISSION (TREC) ADDENDUM TO EARNEST MONEY CONTRACT BETWEEN THE UNDERSIGNED PARTIES CONCERNING THE PROPERTY AT 2 ACRES OF LOT 64D (Address) ES A. ENVIRONMENTAL ASSESSMENT: Buyer,at Buyer's expense, may obtain an Environmental Assessment Report prepared by an environmental specialist. 13 B. THREATENED OR ENDANGERED SPECIES: Buyer, at Buyer's expense, may obtain • a•report'from a natural resources professional'to determine if there are any threatened or . . endangered species or their habitats as defined by the Texas Parks and Wildlife Department or the U.S. Fish and Wildlife Service. • ' C. WETLANDS: Buyer, at Buyer's expense, may obtain a report from an environmental specialist to determine if there are wetlands, as defined by federal or state law or regulation. Within days after the Effective Date of the contract, Buyer may terminate the contract by furnishing Seller a copy of any report noted above that adversely affects the use of the Property and the Earnest Money shall be refunded to Buyer. If Buyer does not furnish Seller a copy of the unacceptable report within the prescribed time and give Seller notice that Buyer has terminated the contract, Buyer shall be deemed to have accepted the Property. CITY nF FRTFTTIIq_ i)---- (....(2,‘,...,s_774____ Buyer Seller TON! H,. r BY: Buyer Seller The form of this addendum has been approved by the Texas Real Estate Commission for use only with similarly approved or promulgated forms of contracts. No representation is made as to the legal validity or adequacy of any provision in any specific transactions. It is not suitable for complex transactions.(1O-93)TREC No. 28-0. N° . 420 Computer generated using AitoContrarl^'v4 11 software from AutoReaty Products,Inc.,1060 W Prpetne Suite 101.Hurst,TX 76053,(800)322-1178 C'LPR7i,E AM FILE,WCWIN'\JJKF IL S\UrS0ed Ths installation of AutoCOrltract'"is licensed for use to.Century 21 K.E Y..and is not transferable Use by others is a violation of federal copyright law under Title 17 U.S.C.§101. printed 05 31-2P01 A • • PROMULGATED BY THE TEXAS REAL ESTATE COMMISSION(TREC) 06-15-98 °•P°w.'"TZ AGREEMENT FOR MEDIATION ADDENDUM TO CONTRACT CONCERNING THE PROPERTY AT 2 ACRES OF LOT 64D FRIENDSWOOD 77646 (Street Address and City) The parties to the Contract and any broker who signs this addendum agree to negotiate in good faith in an effort to resolve any dispute related to the Contract that may arise between the parties or between a party and a broker. If the dispute cannot be resolved by negotiation,the parties to the dispute shall submit the dispute to mediation before resorting to litigation. This Agreement for Mediation will survive closing. ® If the need for mediation arises,the parties to the dispute shall choose a mutually acceptable mediator and shall share the cost of mediation services equally. ❑ If the need for mediation arises, mediation services will be provided by.' • • and the parties to the dispute shall share the cost of mediation services equally. NOTE: Mediation is a voluntary dispute resolution process in which the parties to the dispute meet with an impartial person, called a mediator, who would help to resolve the dispute informally and confidentially. Mediators facilitate the resolution of disputes but cannot impose binding decisions. The parties to the dispute must agree before any settlement is binding. Date: CITY OF FRIENDSWOOD ki Buyer S BY: Buyer Seller Other Broker Listing Broker By: By: The form of this addendum has been approved for voluntary use by the Texas Real Estate Commission for use only with similarly approved or promulgated forms of contracts. No representation is made as to the legal validity or adequacy of any provision in any specific transactions. (06-98)Texas Real Estate Commission, P.O. Box 12188, Austin,TX 7871 1-21 88, 1-800-250-8732 or(512)459-6544. (httpi/www.trec.state.tx_us)TREC No. 35-1.This form replaces TREC No. 35-0- Computer generated using AttoCortract"v4.11 software,from/utoReaty Products,Inc.,1060 W.Pipeline,Sate 101,Hurst,TX 76053,(800)322-1178 F.AUTOREAL'00021LOT64D.000 This installation of AltoCotrad"is feensed for use ta.CeMry 21 K.E.Y.,and is not transferable. Use by others is a violation of federal copyright taw under Title 17 U.S.C.§101. printed 05-31-2001 HARRIS APPRAISAL DISTRICT REAL ESTATE ADVANCED SEARCH Search Results Summary powered by TaxNetUSA Harris Parcel ID No. 0410110000190 PROPERTY: KENT THOMAS H 0 FM 2351 1479 FM 2679 RD Harris County, TX BRENHAM TX 77833 — 6586 Mapsco — Tax Map 5849D LEGAL DESCRIPTION: TAXING ENTITIES: TR 64D Harris County This property is not within a city. HOIDALE 8, COFFMAN ABST 55 PERRY & AUSTIN • 2000 Certified Values Updated 2001-01-01 LAND INFORMATION: I DEED INFORMATION: Land Area: 8.84 acres Deed Date: 880102 sf Deed Book: N/A Page N/A LAND VALUE: $ 33,100 IMPROVEMENT INFORMATION: VALUE INFORMATION: Year Built: N/A Land Value: $ 33,100 State Property Tax Code: D4 Building Value: $ 0 Living Area: sf TOTAL VALUE: $ 33,100 BUILDING VALUE: $ 0 � Get Extensive Details for This Property http://www.taxnetusa.com/summary.cfm 06/01/2001 'N�=r,� Mayor 3City oj Friendswood � I_ WI IITAKER Councilmcmbcrs �_ 910 South Friendswood Drive KITTEN BRIZENDINE Fricndswood, Texas 77546-4856 'r^C1'cozn (281) 1)996-3270 482-16 KIM BRIZENDINE LARRY TAYLOR 1E)( l:ax: (281) 482 (634 MEL MEASELES City Managcr RONALD E.COX June 12, 2001 City Secretary DELORIS McKENZIE,T•R.M-C- ALAMO TITLE CO. Attn: Glennie Hefner 1331 Gemini, Suite 101 Houston, Texas 77058 Ref: Tom Kent's-Earnest Money Contract for two (2) acres of land off of F.M. 2351 for second take point. Dear Ms. Hefner: Enclosed are four (4) partially executed original Earnest Money contracts for two acres of land off of F.M. 2351 for second take point. The above referenced contract was approved by City Council at the May 21, 2001 meeting. Enclosed is Check #21224 in the amount of $1,000.00 for Ernest Money, regarding above referenced property. Please advise when closing date will be: City of Friendswood Attn: Deloris McKenzie (281/996-3275) City Secretary 910 S. Friendswood Friendswood, Texas 77546-4856 If you have any questions regarding this matter, please contact me at (281) 996-3270. Sin ely, r g De oris McKenzie, RMC City Secretary RECEIVED BY: DATE: < 0/ Enclosures: bcc: K.H. . '` � 1Ma H 2001 I,2 O0PM, ' CITY '= TAD PUE_ IC WORKS No 7826 P . 2/1 • • 1=I�Ilpl tJ PHONE NO, : May. 2 20018:43AM P1 mar •?3. 2101 4 :54PM CITY OF FWD PUBLIC WORKS No4796 P . 2/2 I Y• , r t rr ,, 1,i t j l '+ 0 -411',‘.o.:43.i .,:'. 4 rh __, '' • Ciiyof rii n s vo „," 9. y , r.. , ' M.iy 22, 2001 Mr. 'Torn F-1. Kent 1479 FM 2679 Rd. Brenham, TX 77813-6586 Der Mr. Kent, 'Otis loiter is to colllinn our phone c( nvursatiot.t concerning your offer for the sttkr of two acrt7;t out of your 10 acre tract, in tht-3 ctnliunt of$20,000.00 per acre. This will be the net price per acre to you Also, you will he responsible Ihr any taxes owed on this properly. The two acre tract will be approximately• 8 J1 e by'Mlle f i t. The ' foot Ride li-nnts the existing 40 hot roiidiway. The lubJect t i�$i be i f 11orthwc ; rncr ot'Jot o4 D. Your c,lli,r is subject to an environmental assessment of the site and approval fern City Council. -'- • Our signatures below will represent our acceptance of this conditional agreement. K�c kia nudian Date m am?414- , . -5-- -1.o Kanr):,I„� Tom H. K 1) S, ..c.F='ft. 70 ht4..ve RWF-7 Tv ufF-7-e— 7` S. 2.,/ iyt 1 l'_`n 7-4:: e.7-,/"7'c:i✓o 4?..core '77•fc: or,. vie%/C•r;;'- 7.�'j5- f(1 g o 41 E->€►�7r✓E /4'cY92.1.4'W NJ j t..c�;r� >! 1 e.c.. (Fv4l«: jc"_l 6 T d crt/Co l? s" #CSS 7"o t rt-t''m'W C &4/t'crz7'1.' or-, naitr'r"%/')-'- •PuUAc Works Building• � r._ . . _ 4 . :__ H.,, r.r n , n r a.75454175R l9Rit adA_laQn c.. .,n.. ...., .._-- ., . cop'y City of. riendswood [[AROLDL w[t[TnKER ,1 . •k'` Councilmcmbcrs . Mayor �'+'+3 r'�.gr6• �!a KITTEN BR!ZEND[NE s. � ,j l',,, d �` 910 South Friendswood Drive IERRYER[CSSON Friendswood, Texas 77546-4856 TRACY coin "�L = (281) 996 3270 , rEXA Fax: (281) 482 1634 "�� / " /17-60,-,c-e .1-216 June 6, 2001 fQ _ Fr 3 G — Mr. Tom Kent 1 /' - 1 d 7 3 7-5- O 1479 F.M. 2679 Road Brenham, Texas 77833 Ref: Earnest Money Contract for two acres of land off F.M. 2351 for second take point. Dear Mr. Kent: Enclosed are four (4) partially executed original Earnest Money contracts for two acres of land off of F.M. 2351 for second take point. The above referenced contract was approved by City Council at the May 21, 2001 meeting. Enclosed is Check #21225 in the amount of $50.00 for option fee, regarding land. Please execute and return all 4 original contracts to: City of Friendswood Attn: Deloris McKenzie City Secretary 910 S. Friendswood Friendswood, Texas 77546-4856 If you have any questions regarding this matter, please contact me at (281) 996-3270. Sin ely, r� De ores McKenzi , T City Secretary Enclosures: fedex `yD : Mayor a` `4 HAROLD L.WHITAKER it � f � City of Friendswood` ` '•'•��� Councilmembers { �� + ;:.:'` ' .. KITTEN BRIZENDINE �. r N 910 South Friendswood Drive JERRY ERICSSON TRACY GOZA 1A iN Friendswood, Texas 77546-4856 KIM BRIZENDINE `1` 1©l y (281) 996-3270 LARRY TAYLOR MEL MEASELES p --s Fax: (281) 482-1634 City Manager RONALD E.COX City Secretary DELORIS McKENZIE,T.R.M.C. AUGUST 17, 2001 • ' it eft CC• AUc r'' ,-, (.70124044. on IL061 6 f\- /1 \-:\:Irspatoet 4 cY ALAMO TITLE CO. P Attn: Janice 9 S V 1331 Gemini, #101 Houston, Tx 77058 Dear Janice, Attached is the executed original closing documents on the Tom Kent / proper n Take Point Site). . - __........__._._,. PLEASE SEND ONE COMPLETE EXECUTED SET TO: ') r L j/L.0_10 CITY OF FRIENDSWOOD ATTN: CITY SECRETARY 910 S. FRIENDSWOOD DRIVE FRIENDSWOOD, TX 77546 SINCERELY, . :::-7-‘e--4 LINDA THORNTON ASST. CITY SECRETARY -022 2�� 32./s�6' �� �, Attachments: (7-101 RECEIVED CITY QFFRlENDSWOQD ro •,�, rSECRETARY 1/68LUV' • • • 11-8-99 PROMULGATED BY THE TEXAS REAL ESTATE COMMISSION(TREC) UNIMPROVED PROPERTY CONTRACT NOTICE: Not For Use For Condominium Transactions 1. PARTIES: TOM H KENT (Seller) agrees to sell and convey to CITY OF FRIENDSW00D (Buyer)and Buyer agrees to buy from Seller the property described below. 2. PROPERTY: Lot 64D , Block NORTHEAST 2 ACRES OF LOT 64D Addition, City of FREINDSW00D HARRIS County, Texas, known as 2 ACRES OF LOT 64D 77546 (Address/Zip Code), or as described on attached exhibit, (the Property). The Property ❑ is a is not subject to mandatory membership in an owners' association. The TREC Addendum For Property Subject To Mandatory Membership In An Owners'Association ❑ is is not attached. NOTICE TO BUYER: If the Property is subject to mandatory membership in an owners'association, Seller notifies Buyer under §5.012, Texas Property Code, that, as a purchaser of property in the residential community in which the Property is located, you are obligated to be a member of an owners' association. Restrictive covenants governing the use and occupancy of the Property and a dedicatory instrument governing the establishment, maintenance, and operation of this residential community have been or will be recorded in the Real Property Records of the county in which the Property is located. Copies of the restrictive covenants and dedicatory instrument may be obtained from the county clerk. You are obligated to pay assessments to the owners'association.The amount of the assessments is subject to change.Your failure to pay the assessments could result in a lien on and the foreclosure of the Property. 3. SALES PRICE: A. Cash portion of Sales Price payable by Buyer at closing $ 40,000.00 B. Sum of all financing described below $ 0.00 C. Sales Price (Sum of A and B) $ 40,000.00 4. FINANCING: Within days after the effective date of this contract Buyer shall apply for all third party financing or noteholder's approval of any assumption and make every reasonable effort to obtain financing or assumption approval. Financing or assumption approval will be deemed to have been obtained when the lender determines that Buyer has satisfied all of lender's financial requirements (those items relating to Buyer's net worth, income and creditworthiness). If financing or assumption approval is not obtained within days after the effective date hereof, this contract will terminate and the earnest money will be refunded to Buyer. Each note to be executed hereunder must be secured by vendor's and deed of trust liens. The portion of Sales Price not payable in cash will be paid as follows: (Check applicable boxes below) ❑ A. THIRD PARTY FINANCING: ❑ (1) This contract is subject to approval for Buyer of a third party loan in an amount not to exceed 0.000 % of the Sales Price, evidenced by a third party first lien promissory note of not less than $ , due in full in year(s), with interest not to exceed per annum for the first year(s) of the loan. ❑ (2) This contract is subject to approval for Buyer of a third party loan in an amount not to exceed % of the Sales Price, evidenced by a third party second lien promissory note of not less than $ , due in full in year(s), with interest not to exceed % per annum for the first year(s) of the loan. ❑ B. SELLER FINANCING: A promissory note from Buyer to Seller of$ , bearing interest per annum, secured by vendor's and deed of trust liens, in accordance with the terms and conditions set forth in the attached TREC Seller Financing Addendum. If an owner policy of title insurance is furnished, Buyer shall furnish Seller with a mortgagee policy of title insurance. ❑ C. ASSUMPTION: ❑ (1) Buyer shall assume the unpaid principal balance of a first lien promissory note payable to which unpaid balance at closing will be $ . The total current monthly payment including principal, interest and any reserve deposits is $ . Buyer's initial payment will be the first payment due er closing. Initialed for identification by Buye ✓ and Seller r / 01 A TREC NO. 9-4 Computer generated using AtioCo,ract^'v4.11 software,from AuoRealty Products,Inc.,1060 W Pipeline,Sute 101,Hurst,TX 76053,(800)322-1178 F.8UTOREAL00021LOT64D.000 Ths irstala8on of AuoCortract"'is Gcersed for use to Certuy 21 K.E.V. and is not transferable. Use by others is a violation of federal copyright law uxler Title 17 U S C§101 pdrted 06-01-2001 Unimproved Property Contract Concerning 2 ACRES OF LOT 640 Page Two 11-8-99 (Address of Property) U (2) Buyer shall assume the unpaid principal balance of a second lien promissory note payable to which • unpaid balance at closing will be $ . The total current monthly payment including principal, interest and any reserve deposits is $ . Buyer's initial payment will be the first payment due after dosing. Buyer's assumption of an existing note includes all obligations imposed by the deed of trust securing the note. If the unpaid principal balance(s) of any assumed loan(s)as of the Closing Date varies from the loan balance(s) stated above, the❑cash payable at dosing❑ Sales Price will be adjusted by the amount of any variance;provided. if the total principal balance of all assumed loans varies in an amount greater than $350.00 at dosing, either party may terminate this contract and the earnest money will be refunded to Buyer unless the other party elects to eliminate the excess in the variance by an appropriate adjustment at closing. If the noteholder requires (a) payment of an assumption fee in excess of $ in C(1) above or $ in C(2) above and Seller declines to pay such excess, or (b) an increase in the interest rate to more than % in C(1) above, or % in C(2) above, or (c) any other modification of the loan documents, Buyer may terminate this contract and the earnest money will be refunded to Buyer. A vendor's lien and deed of trust to secure assumption will be required which shall automatically be released on execution and delivery of a release by noteholder. If Seller is released from liability on any assumed note,the vendor's lien and deed of trust to secure assumption will not be required. NOTICE TO BUYER: The monthly payments, interest rates or other terms of some loans may be adjusted by the lender at or after closing. If you are concerned about the possibility of future adjustments, do not sign the contract without examining the notes and deeds of trust. NOTICE TO SELLER: Your liability to pay the note assumed by Buyer will continue unless you obtain a release of liability from the lender. If you are concerned about future liability, you should use the TREC Release of Liability Addendum. ❑ D. CREDIT APPROVAL ON ASSUMPTION OR SELLER FINANCING: Within days after the effective date of this contract, Buyer shall deliver to Seller LI credit report ❑ verification of employment, including salary❑ verification of funds on deposit in financial institutions ❑ current financial statement to establish Buyer's creditworthiness or assumption approval or seller financing and ❑ If Buyer's documentation is not delivered within the specified time, Seller may terminate this contract by notice to Buyer within 7 days after expiration of the time for delivery, and the earnest money will be paid to Seller. If this contract is not so terminated, Seller will be deemed to have accepted Buyer's credit. If the documentation is timely delivered, and Seller determines in Seller's sole discretion that Buyer's credit is unacceptable,Seller may terminate this contract by notice to Buyer within 7 days after expiration of the time for delivery and the earnest money will be refunded to Buyer. If Seller does not so terminate this contract, Seller will be deemed to have accepted Buyer's credit. Buyer hereby authorizes any credit reporting agency to furnish to Seller at Buyer's sole expense copies of Buyer's credit reports. 5. EARNEST MONEY: Buyer shall deposit$ 1,000.0o as earnest money with ALAMO TITLE CO. at 1331 GEMINI (Address), as escrow agent, upon execution of this contract by both parties. Additional earnest money of$ must be deposited by Buyer with escrow agent on or before . If Buyer fails to deposit the earnest money as required by this contract, Buyer will be in default. 6. TITLE POLICY AND SURVEY: 9 A. TITLE POLICY: Seller shall furnish to Buyer at ❑Seller's a Buyer's expense an owner policy of title insurance (the Title Policy)issued by ALAMO TITLE (the Title Company)in the amount of the Sales Price, dated at or after closing, insuring Buyer against loss under the provisions of the Title Policy, subject to the promulgated exclusions (including existing building and zoning ordinances) and the following exceptions: (1) Restrictive covenants common to the platted subdivision in which the Property is located. (2) The standard printed ex ption for standby fees, taxes and assessments. Initialed for identification by Buyer and Seller ,- 01 A TREC NO. 9-4 Computer generated using AutoContract"'v4.11 software.from AutoRealty Products.Inc..1060 W.Pipeline,Suite 101,Hurst.TX 76053.(800)322-1178 r Au TOREAL\0002\LOT64D 000 This installation of AutoContract°is licensed for use to Century 21 K.E.V.,and is not transferable. Use by others is a violation of federal copyright law under Title 17 U S C §101 printed 05-31.2001 • Unimproved Property Contract Conceminq 2 ACRES tiF LOT 64D Page Three 11-8-99 (Address of Property) (3) Liens created as part of the financing described in Paragraph 4. (4) Utility easements created by the dedication deed or plat of the subdivision in which the Property is located. (5) Reservations or exceptions otherwise permitted by this contract or as may be approved by Buyer in writing. (6) The standard printed exception as to discrepancies, conflicts, shortages in area or boundary lines, encroachments or protrusions, or overlapping improvements. (7) The standard printed exception as to marital rights. (8) The standard printed exception as to waters, tidelands, beaches, streams, and related matters. Within 20 days after the Title Company receives a copy of this contract,Seller shall furnish to Buyer a commitment for title insurance (the Commitment) and, at Buyer's expense, legible copies of restrictive covenants and documents evidencing exceptions in the Commitment other than the standard printed exceptions. Seller authorizes the Title Company to mail or hand deliver the Commitment and related documents to Buyer at Buyer's address shown below. If the Commitment is not delivered to Buyer within the specified time, the time for delivery will be automatically extended up to 15 days. ) I B. SURVEY: (Check one box only) 1 (1) Within 30 days after the effective date of this contract, Buyer shall obtain a survey at Buyer's expense. ❑ (2) Within days after the effective date of this contract, Seller shall cause a survey to be delivered to Buyer at Seller's expense. ❑ (3) Within days after the effective date of this contract, Seller will deliver to Buyer the existing survey plat of the Property dated , , which U will ❑ will not be recertified to a date subsequent to the effective date of this contract at the expense of❑ Buyer ❑ Seller. The survey must be made by a Registered Professional Land Surveyor acceptable to the Title Company and any lender. Buyer may object to existing building and zoning ordinances, items 6A(1) through (8) above and matters shown on the survey if Buyer determines that any such ordinance, items or matters prohibits the following use or activity: Buyer will have 7 days after the receipt of the latter of the Commitment or survey to object in writing to matters disclosed in the Commitment or survey. Buyer's failure to object under Paragraph 6 within the time allowed will constitute a waiver of Buyer's right to object; except that the requirements in Schedule C of the Commitment will not be deemed to have been waived.Seller shall cure the timely objections of Buyer or any third party lender within 20 days after Seller receives the objections and the Closing Date will be extended as necessary. If objections are not cured by the extended Closing Date, this contract will terminate and the earnest money will be refunded to Buyer unless Buyer elects to waive the objections. NOTICE TO SELLER AND BUYER: (1) Broker advises Buyer to have an abstract of title covering the Property examined by an attorney of Buyer's selection, or Buyer should be furnished with or obtain a Title Policy. If a Title Policy is furnished, the Commitment should be promptly reviewed by an attorney of Buyer's choice due to the time limitations on Buyer's right to object. (2) If the Property is situated in a utility or other statutorily created district providing water, sewer, drainage, or flood control facilities and services,Chapter 49 of the Texas Water Code requires Seller to deliver and Buyer to sign the statutory notice relating to the tax rate, bonded indebtedness, or standby fee of the district prior to final execution of this contract. (3) If the Property abuts the tidally influenced waters of the state,Section 33.135,Texas Natural Resources Code, requires a notice regarding coastal area property to be included in the contract. An addendum either promulgated by TREC or required by the parties should be used. (4) Buyer is advised that the presence of wetlands, toxic substances, including asbestos and wastes or other environmental hazards or the presence of a threatened or endangered species or its habitat may affect Buyer's intended use of the Property. If Buyer is concerned about these matters, an addendum either promulgat by TREC or required by the parties should be used. Initialed for identification by Buyer and Seller 01 A TREC NO. 9-4 Computer generated using AutoContract' v4.11 software.from AutoReatty Products.Inc.,1060 W.Pipefne,Suite 101,Hurst,TX 76053,(800)322-1178 C.PROGRAM FILESWCWIN\WKFILES\Untitled This installation of AutoContract"is licensed for use to.Century 21 KEY.,and is not transferable. Use by others is a violation of federal copyright law under Title 17 U.S.C.§101. printed 05-31-2001 • • Unimproved Property Contract Concerning 2 ACRES OF I-C7I' 64D Page Four 11-8-99 (Address of Property) (5) If the Property is located outside the limits of a municipality, Seller notifies Buyer under§5.011, Texas Property Code, that the Property may now or later be included in the extraterritorial jurisdiction of a municipality and may now or later be subject to annexation by the municipality. Each municipality maintains a map that depicts its boundaries and extraterritorial jurisdiction.To determine if the Property is located within a municipality's extraterritorial jurisdiction or is likely to be located within a municipality's extraterritorial jurisdiction, contact all municipalities located in the general proximity of the Property for further information. (6) Unless expressly prohibited in writing by the parties, Seller may continue to show the Property for sale and to receive, negotiate and accept back-up offers. 7. PROPERTY CONDITION: A INSPECTIONS, ACCESS AND UTILITIES: Buyer may have the Property inspected by an inspector selected by Buyer, licensed by TREC or otherwise permitted by law to make such inspections.Seller shall permit access to the Property at reasonable times for inspection, repairs and treatment and for reinspection after repairs and treatment have been completed. Seller shall pay for turning on utilities for inspection and reinspection. B. ACCEPTANCE OF PROPERTY CONDITION: NOTICE: Buyer should determine the availability of utilities to the Property suitable to satisfy Buyer's needs. (check one box only): ka (1) In addition to any earnest money deposited with escrow agent, Buyer has paid Seller $ 50.00 (the"Option Fee")for the unrestricted right to terminate this contract by giving notice of termination to Seller within 30 days after the effective date of this contract. If Buyer gives notice of termination within the time specified.the Option Fee will not be refunded,however, any earnest money will be refunded to Buyer. If Buyer does not give notice of termination within the time specified, Buyer will be deemed to have accepted the Property in its current condition and the Option Fee will J will not be credited to the Sales Price at closing. ❑(2) Buyer accepts the Property in its present condition. 8. BROKERS' FEES: All obligations of the parties for payment of brokers' fees are contained in separate written agreements. 9. CLOSING: The dosing of the sale will be on or before JULY 31 2001 , or within 7 days after objections to matters disclosed in the Commitment or by the survey have been cured, whichever date is later (the Closing Date). If financing or assumption approval has been obtained pursuant to Paragraph 4,the Closing Date will be extended up to 15 days if necessary to comply with lender's closing requirements.If either party fails to close this sale by the Closing Date,the non-defaulting party will be entitled to exercise the remedies contained in Paragraph 15. At dosing Seller shall furnish tax statements or certificates showing no delinquent taxes and a general warranty deed conveying good and indefeasible title showing no additional exceptions to those permitted in Paragraph 6. 10. POSSESSION: Seller shall deliver possession of the Property to Buyer at closing and funding. 11. SPECIAL PROVISIONS: (Insert only factual statements and business details applicable to this sale.TREC rules prohibit licensees from adding factual statements or business details for which a contract addendum, lease or other form has been promulgated by TREC for mandatory use.) CITY TO PROVIDE ONE RESIDENTIAL WATER TAP TO SELLER FOR THE ADJACENT PROPERTY. ‘,71,"..‘ Lk, 003. QP) X Initialed for identification by Buy and Seller � 01 A TREC NO. 9-4 Computer generated using AutoContract'°v4.11 software,from AtdoRealty Products,Inc.. 1060 W.Pipeline.Suite 101,Hurst,TX 76053,(800)322-1178 C:\PROGRAM FILESWCWIN\WKFILES\Untitled This installation of AutoContract is Ncensed for use to:Century 21 K.E.Y.and is not transferable. Use by others is a violation of federal copyright law under Title 17 U S C §101. panted 05-31-2001 Unimproved Property Contract Concerning 2 ACRES OF LOT 64D Page Five 11-8-99 (Address of Property) '12. SETTLEMENT AND OTHER EXPENSES: A The following expenses must be paid at or prior to dosing: (1) Appraisal fees will be paid by N/A (2) The total of loan discount fees may not exceed 0.000 % of the loan of which Seller shall pay 0 and Buyer shall pay the remainder. The total of any buydown fees may not exceed which will be paid by (3) Seller's Expenses: Releases of existing liens, including prepayment penalties and recording fees; release of Seller's loan liability; tax statements or certificates; preparation of deed: one-half of escrow fee; and other expenses stipulated to be paid by Seller under other provisions of this contract. (4) Buyer's Expenses: Loan application, origination and commitment fees; loan assumption costs; preparation and recording of deed of trust to secure assumption;lender required expenses incident to new loans, including preparation of loan documents, recording fees, tax service and research fees,warehouse or underwriting fees,copies of restrictions and easements,amortization schedule, premiums for mortgagee title policies and endorsements required by lender. credit reports. photos;required premiums for flood and hazard insurance; required reserve deposit for insurance premiums and ad valorem taxes; interest on all monthly installment notes from date of disbursements to one month prior to dates of first monthly payments; one-half of escrow fee; and other expenses stipulated to be paid by Buyer under other provisions of this contract. B. If any expense exceeds an amount expressly stated in this contract for such expense to be paid by a party, that party may terminate this contract unless the other party agrees to pay such excess. In no event will Buyer pay charges and fees expressly prohibited by governmental loan program regulations. 13. PRORATIONS AND ROLLBACK TAXES : A PRORATIONS: Taxes for the current year, interest, maintenance fees, assessments, dues and rents will be prorated through the Closing Date. If taxes for the current year vary from the amount prorated at closing, the parties shall adjust the prorations when tax statements for the current year are available. If a loan is assumed and the lender maintains an escrow account,the escrow account must be transferred to Buyer without any deficiency. Buyer shall reimburse Seller for the amount in the transferred account. Buyer shall pay the premium for a new insurance policy. If taxes are not paid at or prior to closing, Buyer will be obligated to pay taxes for the current year. B. ROLLBACK TAXES: If this sale or Buyer's use of the Property after closing results in the assessment of additional taxes, penalties or interest(Assessments)for periods prior to closing,the Assessments will be the obligation of Buyer. If Seller's change in use of the Property prior to closing or denial of a special use valuation on the Property claimed by Seller results in Assessments for periods prior to closing, the Assessments will be the obligation of Seller. Obligations imposed by this paragraph will survive closing. 14. CASUALTY LOSS: If any part of the Property is damaged or destroyed by fire or other casualty loss after the effective date of the contract, Seller shall restore the Property to its previous condition as soon as reasonably possible, but in any event by the Closing Date. If Seller fails to do so due to factors beyond Seller's control, Buyer may either (a) terminate this contract and the earnest money will be refunded to Buyer (b) extend the time for performance up to 15 days and the Closing Date will be extended as necessary or (c) accept the Property in its damaged condition and accept an assignment of insurance proceeds. Seller's obligations under this paragraph are independent of any obligations of Seller under Paragraph 7. 15. DEFAULT: If Buyer fails to comply with this contract, Buyer will be in default, and Seller may either (a) enforce specific performance, seek such other relief as may be provided by law, or both, or(b)terminate this contract and receive the earnest money as liquidated damages, thereby releasing both parties from this contract. If, due to factors beyond Seller's control, Seller fails within the time allowed to make any non-casualty repairs or deliver the Commitment, Buyer may either(a)extend the time for performance up to 15 days and the Closing Date will be extended as necessary or(b)terminate this contract as the sole remedy and receive the earnest money. If Seller fails to comply with this contract for any other reason, Seller will be in default and Buyer may either(a)enforce specific performance, seek such other relief as may be provided by law, or both, or (b) terminate this contract and receive the earnest money, thereby releasing both parties from this co ract. Initialed for identification by Buyer and Seller 01 A TREC NO. 9-4 Computer generated using AuoCoritract'°v4.11 software,from AutoRealty Products,Inc 1060 W.Pipeline.Sute 101,Hurst,TX 76053 (800)322-1178 C-\PROGRAM FILESWCWIN\WKFILES\Untitled This installation of AutoContract' is kcensed for use to Century 21 KEY and is not transferable Use by others is a violation of federal copyright law under Title 17 U S C§101 printed 05-31-2001 • Unimproved Property Contract Concerning 2 ACRES OF r LOT 64_D Page Six 11-8-99 (Address of Property) -16. DISPUTE RESOLUTION: It is the policy of the State of Texas to encourage the peaceable resolution of disputes through alternative dispute resolution procedures. The parties are encouraged to use an addendum • approved by TREC to submit to mediation disputes which cannot be resolved in good faith through informal discussion. 17. ATTORNEY'S FEES: The prevailing party in any legal proceeding brought under or with respect to the transaction described in this contract is entitled to recover from the non-prevailing party all costs of such proceeding and reasonable attorney's fees. 18. ESCROW: The earnest money is deposited with escrow agent with the understanding that escrow agent is not(a)a party to this contract and does not have any liability for the performance or nonperformance of any party to this contract, (b)liable for interest on the earnest money and(c)liable for any loss of earnest money caused by the failure of any financial institution in which the earnest money has been deposited unless the financial institution is acting as escrow agent. At closing,the earnest money must be applied first to any cash down payment,then to Buyer's closing costs and any excess refunded to Buyer. If both parties make written demand for the earnest money, escrow agent may require payment of unpaid expenses incurred on behalf of the parties and a written release of liability of escrow agent from all parties. If one party makes written demand for the earnest money. escrow agent shall give notice of the demand by providing to the other party a copy of the demand. If escrow agent does not receive written objection to the demand from the other party within 30 days after notice to the other party, escrow agent may disburse the earnest money to the party making demand reduced by the amount of unpaid expenses incurred on behalf of the party receiving the earnest money and escrow agent may pay the same to the creditors. If escrow agent complies with the provisions of this paragraph,each party hereby releases escrow agent from all adverse claims related to the disbursal of the earnest money. Escrow agent's notice to the other party will be effective when deposited in the U.S. Mail, postage prepaid,certified mail, return receipt requested, addressed to the other party at such party's address shown below. Notice of objection to the demand will be deemed effective upon receipt by escrow agent. 19. REPRESENTATIONS: Seller represents that as of the Closing Date(a)there will be no liens,assessments, or security interests against the Property which will not be satisfied out of the sales proceeds unless securing payment of any loans assumed by Buyer and(b)assumed loans will not be in default. If any representation in this contract is untrue on the Closing Date, this contract may be terminated by Buyer and the earnest money will be refunded to Buyer.All representations contained in this contract will survive closing. 20. FEDERAL TAX REQUIREMENT: If Seller is a"foreign person", as defined by applicable law,or if Seller fails to deliver an affidavit that Seller is not a"foreign person", then Buyer shall withhold from the sales proceeds an amount sufficient to comply with applicable tax law and deliver the same to the Internal Revenue Service together with appropriate tax forms. IRS regulations require filing written reports if cash in excess of specified amounts is received in the transaction. 21. AGREEMENT OF PARTIES: This contract contains the entire agreement of the parties and cannot be changed except by their written agreement. Addenda which are a part of this contract are (list): MEDIATION AGREEMENT,ENVIRONMENT ADDENDUM 22. CONSULT YOUR ATTORNEY: Real estate licensees cannot give legal advice. This contract is intended to be legally binding. READ IT CAREFULLY. If you do not understand the effect of this contract,consult your attorney BEFORE signing. Buyer's Seller's Attorney is: Attorney is: Initialed for identification by Buyer and Seller 01 A TREC NO. 9-4 Computer generated using AutoContracf v4.11 software.from AutoReatly Products.Inc.1060 W.Pipeine,Suite 101.Hurst,TX 76053.(800)322-1178 C\PROGRAM FILESWCWIN\WKFILES\Untitled Tres installation of AutoContracf ti is I,censed for use to.Century 21 K.E.Y.,and is not transferable. Use by others is a violation of federal copyright law under Title 17 U.S.C.§101. pnnted 05-31-2001 Unimproved Property Contract Conceminq NORTHEAST 2 ACRES OF LOT 64D Page Seven 11-8-99 (Address of Property) 23. NOTICES: All notices from one party to the other must be in writing and are effective when mailed to, hand-delivered at, or transmitted by facsimile machine as follows: To Buyer at: To Seller at: CITY OF FRIENDSWOOD TOM KENT 910 FRIENDSWOOD DRIVE 1479 FM 2679 FRIENDSWOOD,TX 77546 BRENHAM,TX.77833 Telephone: 281-996-3200 Telephone: 979-830-7289 Facsimile: Facsimile: EXECUTED the day of , (THE EFFECTIVE DATE). (BROKER: FILL IN THE DATE OF FINAL ACCEPTANCE.) C F FRIENDS 0 Seller T9AA.ENT "."-- Buyer � Se{e yer HA OLD ITAK R,MAYOR Seller The form of this contract has been approved by the Texas Real Estate Commission. Such approval relates to this contract form only.TREC forms are intended for use only by trained real estate licensees. No representation is made as to the legal validity or adequacy of any provision in any specific transaction.It is not suitable for complex transactions. Extensive riders or additions are not to be used.Texas Real Estate Commission,P.O.Box 12188,Austin,TX 78711-2188,1-800-250-8732 or(512)459-6544 (http://www.trec.state.tx.us)TREC NO. 9-4.This form replaces TREC NO.9-3. BROKER INFORMATION AND RATIFICATION OF FEE Listing Broker has agreed to pay Other Broker 0 of the total sales price when Listing Broker's fee is received. Escrow Agent is authorized and directed to pay Other Broker from Listing Broker's fee at closing. Other Broker License No. Listing Broker . License No. represents U Seller as Listing Broker's subagent represents ❑Seller and Buyer as an intermediary U Buyer only as Buyer's agent U Seller only as Seller's agent • Listing Associate Telephone Associate Telephone Selling Associate Telephone Broker Address Broker Address Telephone Facsimile Telephone Facsimile RECEIPT Receipt of U Contract and❑$ 1,000.00 Earnest Money in the form of is acknowledged. Escrow Agent:ALAMO TITLE CO. Date: 1331 GEMINI Telephone: _ Address Facsimile: City State Zip Code 01 A TREC NO. 9-4 Computer generated erg AttoContract^'v4.11 so(tu e,from ArtoReally ProArzs,Irc.,1060 W.Pipeline,Suite 101,Host,TX 76053,(800)322-1178 FAAUTOREAL`00021LOT64D.000 Ths i staletion of ArtoCortact',s icensed for use to.Certry 21 KEY,and is rot transferable_Use by others is a violation of federal copyright law uder Title 17 U.S.C.§1O1_ prinked 06-01-2001 A10-25-93 ENVIRONMENTAL ASSESSMENT, THREATENED OR ENDANGERED SPECIES, AND WETLANDS ADDENDUM PROMULGATED BY THE TEXAS REAL ESTATE COMMISSION (TREC) ADDENDUM TO EARNEST MONEY CONTRACT BETWEEN THE UNDERSIGNED PARTIES CONCERNING THE PROPERTY AT 2 ACRES OF LOT 64D (Address) 13 A. ENVIRONMENTAL ASSESSMENT: Buyer,at Buyer's expense, may obtain an Environmental Assessment Report prepared by an environmental specialist. O B. THREATENED OR ENDANGERED SPECIES: Buyer, at Buyer's expense, may obtain a report from a natural resources professional to determine if there are any threatened or endangered species or their habitats as defined by the Texas Parks and Wildlife Department or the U.S. Fish and Wildlife Service. ❑ C. WETLANDS: Buyer, at Buyer's expense, may obtain a report from an environmental specialist to determine if there are wetlands, as defined by federal or state law or regulation. Within days after the Effective Date of the contract, Buyer may terminate the contract by furnishing Seller a copy of any report noted above that adversely affects the use of the Property and the Earnest Money shall be refunded to Buyer. If Buyer does not furnish Seller a copy of the unacceptable report within the prescribed time and give Seller notice that Buyer has terminated the contract, Buyer shall be deemed to have accepted the Property. CITY Buyer — Seller rIv g H. }TNT BY � � _0 Buyer �t Seller The form of this addendum has been approved by the Texas Real Estate Commission for use only with similarly approved or promulgated forms of contracts. No representation is made as to the legal validity or adequacy of any provision in any specific transactions. It is not suitable for complex transactions.(10-93)TREC No. 28-0. N? . 420 Computer generated using AutoContract°v4.11 software,from AutoRealy Products,Inc.,1060 W.Pipeine,Site 101,Hurst,TX 76053,(800)322-1178 C:\PROGRAM FILES1ACWIN\WKFILESkUrditled This instalation of AutoContract°is licensed for use to:Century 21 KE.Y.,and is not transferable. Use by others is a violation of federal copyright law under Title 17 U.S.C.§101. printed 05-31-2001 A 06-15-98 PROMULGATED BY THE TEXAS REAL ESTATE COMMISSION (TREC) PMM '' "T AGREEMENT FOR MEDIATION ADDENDUM TO CONTRACT CONCERNING THE PROPERTY AT 2 ACRES OF LOT 64D FRIENDSWOOD 77646 (Street Address and City) The parties to the Contract and any broker who signs this addendum agree to negotiate in good faith in an effort to resolve any dispute related to the Contract that may arise between the parties or between a party and a broker. If the dispute cannot be resolved by negotiation, the parties to the dispute shall submit the dispute to mediation before resorting to litigation. This Agreement for Mediation will survive closing. ® If the need for mediation arises, the parties to the dispute shall choose a mutually acceptable mediator and shall share the cost of mediation services equally. ❑ If the need for mediation arises, mediation services will be provided by and the parties to the dispute shall share the cost of mediation services equally. NOTE: Mediation is a voluntary dispute resolution process in which the parties to the dispute meet with an impartial person, called a mediator, who would help to resolve the dispute informally and confidentially. Mediators facilitate the resolution of disputes but cannot impose binding decisions. The parties to the dispute must agree before any settlement is binding. Date: CITY OF FRIENDSWOOD / Buyer Seller BY• Bu er Seller Other Broker Listing Broker By: By: The form of this addendum has been approved for voluntary use by the Texas Real Estate Commission for use only with similarly approved or promulgated forms of contracts. No representation is made as to the legal validity or adequacy of any provision in any specific transactions. (06-98) Texas Real Estate Commission, P.O. Box 12188, Austin, TX 78711-2188, 1-800-250-8732 or(512)459-6544. (http://www.trec.state.tx.us) TREC No. 35-1. This form replaces TREC No. 35-0. Computer generated using AutoContract'°v4.11 software.from AutoRealty Products.Inc..1060 W.Pipeline,Suite 101,Hurst,TX 76053.(800)322-1178 F:WUTOREAL10002LOT64D.000 This installation of AuloCordract'°is licensed for use to Century 21 K.E Y,and is not transferable. Use by others is a violation of federal copyright law under Title 17 U.S.C.§101. pnnted 05-31-2001 WARRANTY DEED Date: August ,2001 Grantor: T.H.KENT,a/k/a THOMAS HOWARD KENT,not joined herein by his wife for the reason that the property herein described constitutes no part of their residential homestead Grantor's Mailing Address(including county): 1479 FM 2679 Brenham, Texas 77833 (Washington County) Grantee: CITY OF FRIENDSWOOD Grantee's Mailing Address (including county): 910 South Friendswood Drive Friendswood, TX 77546 (Galveston County) Consideration: For Ten and No/100 Dollars and other valuable consideration. Property(including any improvements): Being a tract of land containing 2.000 acres(87,112 square feet)out of the J.E. Perry and E. M. Austin League Survey, A-55, Harris County, Texas, said 2.000 acre tract being a portion of the called 10 acres of land conveyed to T.H.Kent as recorded under Harris County Clerk's File No. B506666, Film Code No. 070-08-0301 of the Official Public Records of Real Property in Harris County, Texas, and being a portion of Division D of Lot Sixty-Four(64), according to the map or plat thereof, recorded in Volume 3,Page 6 of the Map Records of Harris County,Texas,said 2.000 acre tract being more particularly described by metes and bounds in Exhibit "A" attached hereto and made a part hereof for all purposes. Reservations from and exceptions to Conveyance and Warranty: Easements, rights-of-way, and prescriptive rights, whether of record or not; all presently recorded instruments, other than liens and conveyances, that affect the property. Taxes for the current year have been prorated and are assumed by Grantee. 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 legal representatives,successors and assigns forever,Grantor binds Grantor and Grantor's heirs,executors,administrators,successors and assigns to warrant and forever defend all and singular the property to Grantee and Grantee's legal representatives, successors and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, except to the reservations from and exceptions to conveyance and warranty. Alamo Title 2: FILED BY ALAMO TITLE COMPANY ' Z 7/c . , When the context requires,singular nouns and pronouns include the plural. , 7 .H. KENT THE STATE OF TEXAS {} COUNTY OF HARRIS {} This instrument was acknowledged before me on the 7c.) day of August, 2001, by T. H. KENT. r---‘--e-r- V 6L6A-dija(17 * &I'll/L T y 1 u'ir, 1.at,fq Tem ,':',•':,;., ? Notary Public,State o Texas Notary's printed nam :4 I is(vm ,14 . S ryt ty_k Notary's commission expires: /z . 3 Return to: City of Friendwood 910 South Friendswood Drive Friendswood, TX 77546-4856 (KAM/bd H:42302159 GH) WAIVER OF INSPECTION Seller(s): Dated: August 20, 2001 Tom H. Kent GF #: 01-42302159-23-GH Buyer(s): Property Address: City Of Friendswood , Friendswood, TX 77546 In consideration of the issuance of the policy or policies of title insurance in connection with the above captioned transaction the undersigned hereby waive inspection by you of such property and accept your policy subject to "rights of parties in possession," and those under whom they hold, such possession to include any open acts or visible signs of occupancy, and any visible and apparent roadway or easement over or across the subject property, if the occupancy, possession, or use affects the premises upon which you have issued such policy, and take it upon ourselves to inspect such premises and to obtain possession thereof from the present occupants. ET-67d347) 1----/‘-1,t__2 ' City Of Friendswood, a Texas corporation m H. Kent arold Whitaker Waiver of Inspection(txwaiver.wpf) -"" - f....,.. • % .! -..! i , :-:,-...,, ; ..,— I 6 ,/ L7 'w /,..,"; ,.-r, 1 --.,-,, •-,,., ,. 14 1 Co r . il Le- -/..--.--'• ,- ,7.---- ---..,--lf---J-- c''.------- • / ''F,, ( .30) R 3 1,16.7 Z 3 riE) 3 7C- '7'z i r/. : . -----....."---------___.--" 1 '''sct -i. -- „-. !.••• • ._ . , 41 3- 40 ROAD(Bl‘L .-AT) ,.,,d'' ..' ..._. ri.5" %i k I •• I__I_ t l'(''.-: VoL. 3,_Pa:. 6,. H.C_M.R. vas". • •c).• ct• / .........,- - -- •- .• .S i 41k —41 .--,_ .83- ,,icS' I— — — — .., 1 ..)7 , I -L. •-1--1,7-,,T-.Is,- i . —---,4-T.,-4-6 ----T-..., f(- 1 1 1 j ..`--. 1,40." 1.."4 , '''. Z.:" • • - co. ''h . . 1."sti k .5 . 40' ML-LTIUSE EASEMENT I ...... .; • ... , . . '. ,1 4 ,• •,-; --..- .,•,- - l .1..: •' .•:. ....I.e.. ,•* , -- .. --- --COASTP,... BEND PROPERTY ... — T DE\ELOPMENI, LLC - II' `••• .: . '`. ', •. •-. I_,__ ,,,..71.3 7 . iri • i--.( NO. 1-828447 • ..., ..„ ger--.. . ..— _____ _ ..-..-...-,--.'.. I.)r 6:3C - .t . 1 LOT--,413 ,,,,c ;,-. • 1 LOT 61C 7-7--99 -7 $ \./....'. JAIN ... -,-• 1- ' T.H. KENT 1 ,20 N O. 8c MYRNA NORM AN , .1 LOT 63D 1 6.28-3 ACRES :-r• . 10 ACRES 10 ACRES i C.C. Flle No. T318541 1,--1.% C.C. File No. 8506666 J.C. File No. PE16835 :‘,,IARY L. GPM FITH. AKA I1.•MARY 1 GRIFFITH, ETAL O_R.R.F.P.. ,I.C.T. '. O.P.P.R.P., 1-1.C.T 0.P.R.R.P., H.C.T. •Pit i I C.C. I e. No: t'427955 4 10-12-98 i • 5-22-62 12-22-93 g• . 0.1 .i.R.P., FI.C. r. H 75.1 I. . . ,i , i • i-,- 08-19-§1 • c , .-7 . , .,.•;•-• ..‹. t, y .. . . -; .-..-, !._ 1 A . 2' ;!: -, :.1 f' 'i — — - (---- -- ---, - i ,-- 4- • L. t•;' ... . t- i 1 ..'• • -_ ' . I x;<(. I coRP et c; 1 J JAI ! . I ) ACRES ,6.389 ACNES .- , ! Did _...J • I. Dt 1 co LOT 62B Ai LOT 63A •-•,- . LI)Uk5.3i.i • • I LOT 64B = '( LOT 64A •• I'7. . _ • 4 II/if • : i I • • ,. • Li_ i t b I. AU ' • '-i'4' 1 I_,_ • I c=:. <I 1 • . I ! -). - .__ • c._.,............ _ ____ _A._ .. . _ MIK ••••••••••••••••••1•160.•••••••00111111110114..1•0 ."..... .... 1/ . F. I. .235 I .,i,& . - . CITY 1 t 141 -r ............_.. ............•.....____ •• ••s'••• itt„.1.;c N , *ft - , - ......_; ( -.CO MC71 i T—OF--WAY) .._ .v.,:siaK3 ....._i.,„:..k. .‘. ,- c, ... . ... . .. .... .. . - :,...-..- - • ... _ - - • • - --- - - Ni e-e"4"cAj -‘,.. ----- _;--_•-•—. . ......_ ••••___,_ c. 7110700,5"12,59 -9ii=fliazZeum.. . azOotit Il • ••• • ••• P __-. .esaw.2baZen. 76grr I •i iTh • w Thursday, August 16, 2001, 16:08 GF#: 01-42302159-23-GH ATTACHMENT TO HUD BUYER SELLER DEPOSITS TO ESCROW City Of Friendswood 1,000.00 The Seller's and 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 Borrower and Seller directly. Any deficit in delinquent taxes or mortgage payoffs will be promptly reimbursed to the Settlement Agent by the Seller. In the event a Real Estate Agent negotiated the transaction such Agent may be furnished a copy of this 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. I hereby authorize the Settlement Agent to make expenditures and disbursements as shown above and approve same for payment. BORROWER'S: City Of Friendswood, a Texas corporation B ' adiele rold Whitaker SELLER'S: raut.g— ,----: �Yf / E9- '1m� H. Kent I have caused or will cause the funds to be disbursed in accordance with the HUD-1 Statement which I have prepared. ' Chi/1—h 1 ao -o► Sett ment Agent Date WARNING: It is a crime to knowingly make false statements to the United States on this or any similar form. Penalties upon conviction can include a fine or imprisonment. For details see: Title 18 U.S. Code Section 1001 and Section 1010. • • DESCRIPTION OF A 2.000-ACRE TRACT OF LAND OUT OF THE J. E. PERRY AND E. M. AUSTIN LEAGUE SURVEY, A-55,HARRIS COUNTY, TEXAS Being a tract of land containing 2.000 acres (87,112 square feet)out of the J. E. Perry and E. M. Austin League Survey, A-55, Harris County, Texas. Said 2.000-acre tract being a portion of the called 10 acres of land conveyed to T. H. Kent as recorded under Harris County Clerk's File No. B506666, Film Code No. 070-08-0301 of the Official Public Records of Real Property in Harris County, and being a portion of Division D of Lot 64, according to the map thereof recorded in Volume 3, Page 6, Harris County Map Records, Harris County, Texas. Said 2.000- acre tract being more particularly described by metes and bounds as follows, with the basis-of- bearings being a southerly line of a 185.994-acre tract of land conveyed to Coastal Bend Property Development, L.L.C. as recorded under Harris County Clerk's File No. S903461, Film Code No. 517-37-2615 of the Official Public Records of Real Property in Harris County: BEGINNING at a 1/2-inch iron rod found in a southerly line of said 185.994-acre tract, for the west corner of Division C of Lot 64, according to the map thereof recorded in Volume 3, Page 6, Harris County Map Records, Harris County, Texas, for the west corner of a called 10.000-acre tract of land conveyed to John Q Norman and wife, Myrna R. Norman as recorded under Harris County Clerk's File No. P616830, Film Code No. 196-44-1112 of the Official Public Records of Real Property in Harris County, for the north corner of said Division D of Lot 64, for the north corner of said T. H. Kent tract and for the north corner of the tract herein described; THENCE South 48° 22' 33" East, leaving the southerly line of said 185.994-acre tract, with a northeasterly line of said Division D of Lot 64, with a southwesterly line of said Division C of Lot 64, a distance of 295.16 feet to a 5/8-inch iron rod with cap stamped"WEISSER ENG. HOUSTON TX"set for the east corner of said tract herein described; THENCE South 42° 23' 45" West, leaving the northeasterly line of said Division D of Lot 64, a distance of 295.16 feet to a 5/8-inch iron rod with cap stamped "WEISSER ENG. HOUSTON TX" set for the south corner of said tract herein described; THENCE North 48° 22' 33" West, a distance of 295.16 feet to a 5/8-inch iron rod with cap stamped"WEISSER ENG. HOUSTON TX" set in a southerly line of said 185.994-acre tract and for the west corner of said tract herein described; THENCE North 42° 23' 45" East, with a southerly line of said 185.994-acre tract, a distance of 295.16 feet to the POINT OF BEGINNING and containing 2.000 acres (87,112 square feet) of land. A plat of even survey date herewith accompanies this description. Compiled By: ' • • `� •O F F .. WEISSER ENGINEERING COMPANY ��Q G`'s';r E9.�,`• \ 19500 Park Row Suite 100 ° ••• �— • WAoP. SASS • Houston, Texas 77084 �-- �� �•b--4 N.':Q i Job No.: EE081 (798-081) 1,O' E s s. .k 0 • f Date: 07/05/01 S U R:- -l t�1.42p Alamo Title Company �� 1331 Gemini, #101 • Houston, TX 77062 4rl Atit 2001, (281) 488-3950 • FAX (281) 488-3958 ,- ry .�". �'ay . •a City Of Friendswood Care Of: 910 Friendswood Drive August 15, 2001 910 Friendswood Drive GF No.: 01-42302159 Friendswood, TX 77546 Thank you for choosing Alamo Title Insurance as your title insurance company. We are committed to working and coordinating with all the real estate professionals in this transaction. We have enclosed 1 copies of the Commitment for our G.F. Number 01-42302159. Please call us immediately if you have any questions or concerns. Alamo Title Insurance 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. COMMITMENT FOR TITLE INSURANCE ISSUED BY Alamo Title Insurance We, Alamo Title Insurance, a Texas Corporation, 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 deliver 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. ATTEST: ,O`.E `"'S Alamo Title Insurance ,„ 4 .c, mBy: e Secretary President 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 of 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. (THIS COMMITMENT IS INVALID UNLESS SCHEDULES A, B, C AND D ARE ATTACHED HERETO.) GF No. 01-42302159 EXHIBIT "A" Being a tract of land containing 2.000 acres (87,112 square feet) out of the J.E. Perry and E.M. Austin League Survey, A-55, Harris County, Texas, said 2.000 acre tract being a portion of the called 10 acres of land conveyed to T.H. Kent as recorded under Harris County Clerk's File No. B506666, Film Code No. 070-08-0301 of the Official Public Records of Real Property in Harris County, and being a portion of Division D of Lot 64, according to the map thereof recorded in Volume 3, Page 6, Harris County Map Records, Harris County, Texas, said 2.000 acre tract being more particularly described by metes and bounds as follows, with the basis of bearing being a Southerly line of a 185.994 acre tract of land conveyed to Coastal Bend Property Development, L.L.C. as recorded under Harris County Clerk's File No. S903461, Film Code No. 517-37-2615 of the Official Public Records of Real Property in Harris County: BEGINNING at a 1/2 inch iron rod found in a Southerly line of said 185.994 acre tract, for the West corner of Division C of Lot 64, according to the map thereof recorded in Volume 3, Page 6, Harris County Map Records, Harris County, Texas, for the West corner of a called 10.000 acre tract of land conveyed to John Q. Norman and wife, Myrna R. Norman as recorded under Harris County Clerk's File No. P616830, Film Code No. 196-44-1112 of the Official Public Records of Real Property in Harris County, for the North corner of said Division D of Lot 64, for the North corner of said T.H. Kent tract and for the North corner of the tract herein described; THENCE, South 48 deg. 22 min. 33 sec. East, leaving the a Southerly line of said 185.994 acre tract, with a Northeasterly line of said Division D of Lot 64, with a Southwesterly line of said Division C of Lot 64, a distance of 295.16 feet to a 5/8 inch iron rod with cap stamped "Weisser Eng. Houston Tx" set for the East corner of said tract herein described; THENCE, South 42 deg. 23 min. 45 sec. West, leaving the Northeasterly line of said Division D of Lot 64, a distance of 295.16 feet to a 5/8 inch iron rod with cap stamped "Weisser Eng. Houston Tx" set for the South corner of said tract herein described; THENCE, North 48 deg. 22 min. 33 sec. West, a distance of 295.16 feet to a 5/8 inch iron rod with cap stamped "Weisser Eng. Houston Tx" set in a Southerly line of said 185.994 acre tract and for the West corner of said tract herein described; THENCE, North 42 deg. 23 min. 45 sec. East, with a Southerly line of said 185.994 acre tract, a distance 295.16 feet to the point of BEGINNING and containing 2.000 acres (87,112 square feet) of land. NOTE: THIS COMPANY DOES NOT REPRESENT THAT THE ABOVE ACREAGE AND/OR SQUARE FOOTAGE CALCULATIONS ARE CORRECT. 2 GF No. 01-42302159 SCHEDULE B EXCEPTIONS FROM COVERAGE In addition to the Exclusions and Conditions and Stipulations, your Policy will not cover loss, costs, attorney's fees, and expenses resulting from: 1. The following restrictive covenants of record itemized below (We must either insert specific recording data or delete this exception): a. Item 1, Schedule B is hereby deleted. 2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments, or protrusions, or any overlapping of improvements. 3. Homestead or community property or survivorship rights, if any, of any spouse of any insured. (Applies to the Owners Policy only.) 4. Any titles or rights asserted by anyone, including, but not limited to, persons, the public, corporations, governments or other entities, a. to tidelands, or lands comprising the shores or beds of navigable or perennial rivers and streams, lakes, bays, gulfs or oceans, or b. to lands beyond the line of the harbor or bulkhead lines as established or changed by any government, or c. to filled-in lands, or artificial islands, or d. to statutory water rights, including riparian rights, or e. to the area extending from the line of mean low tide to the line vegetation, or the right of access to that area or easement along and across the area. (Applies to Owner Policy only.) 5. Standby fees, taxes and assessments by any taxing authority for the year 2001, 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 1 1.13, Texas Tax Code, or because of improvements not assessed for a previous tax year. 6. The terms and conditions of the documents creating your interest in the land. 7. Materials furnished or labor performed in connection with planned construction before signing and delivering the lien document described in Schedule A, if the land is part of the homestead of the owner. (Applies to the Mortgage Title Policy Binder on Interim Construction Loan only, and may be deleted if satisfactory evidence to us before a binder is issued.) 8. Liens and leases that affect the title to the land, but that are subordinate to the lien of the 3 • GF No. 01-42302159 insured mortgage. (Applies to the Mortgagee Policy only.) 9. The following matters and all terms of the documents creating or offering evidence of the matters. (We must insert matters or delete this exception): a. Rights of others in and to that certain gravel road across the Northwesterly portion of the subject property as reflected on survey dated 07/03/01, prepared by Walter P. Bass, Registered Professional Land Surveyor No. 4410. b. That portion of the subject property within the road along the Northwesterly property line, as reflected on survey dated 07/03/01, prepared by Walter P. Bass, Registered Professional Land Surveyor No. 4410. c. Power pole and guy located at the North corner of the subject property, as reflected on survey dated 07/03/01, prepared by Walter P. Bass, Registered Professional Land Surveyor No. 4410. d. An unlocated pipeline easement granted to Humble Oil & Refining Company, a Texas corporation, by instrument recorded in Volume 1061, Page 685, of the Deed Records of Harris County, Texas. e. Terms, conditions and stipulations of that certain Mineral Lease dated October 3, 1934, recorded in Volume 255, Page 40, of the Contract Records of Harris County, Texas; as amended by instrument recorded in Volume 298, Page 650, of the Contract Records of Harris County, Texas. Title to said lease not checked subsequent to its date of execution. f. 1/2 Undivided Interest of all oil, gas and other minerals, the royalties, bonuses, rentals and all other rights in connection with same are excepted herefrom as set forth in instrument recorded in Volume 1063, Page 422 of the Deed Records of Harris County, Texas. Title to said interest not checked subsequent to date of aforesaid instrument. g. 2/3rds of 1/2 Undivided Interest of all oil, gas and other minerals, the royalties, bonuses, rentals and all other rights in connection with same are excepted herefrom as set forth in instrument recorded in Volume 3792, Page 306 of the Deed Records of Harris County, Texas. Title to said interest not checked subsequent to date of aforesaid instrument. h. 1/16th Undivided Interest of all oil, gas and other minerals, the royalties, bonuses, rentals and all other rights in connection with same are excepted herefrom as set forth in instrument recorded in Volume 3904, Page 537 of the Deed Records of Harris • County, Texas. Title to said interest not checked subsequent to date of aforesaid instrument. i. 1/16th Undivided Interest of all oil, gas and other minerals, the royalties, bonuses, rentals and all other rights in connection with same are excepted herefrom as set forth in instrument recorded in Volume 3904, Page 541 of the Deed Records of Harris County, Texas. Title to said interest not checked subsequent to date of aforesaid • instrument. 4 GF No. 01-42302159 j. 1/8th Undivided Interest of all oil, gas and other minerals, the royalties, bonuses, rentals and all other rights in connection with same are excepted herefrom as set forth in instrument recorded in Volume 3904, Page 545 of the Deed Records of Harris County, Texas. Title to said interest not checked subsequent to date of aforesaid instrument. k. 1/8th Undivided Interest of all oil, gas and other minerals, the royalties, bonuses, rentals and all other rights in connection with same are excepted herefrom as set forth in instrument recorded in Volume 3904, Page 549 of the Deed Records of Harris County, Texas. Title to said interest not checked subsequent to date of aforesaid instrument. 1/8th Undivided Interest of all oil, gas and other minerals, the royalties, bonuses, rentals and all other rights in connection with same are excepted herefrom as set forth in instrument recorded in Volume 3904, Page 553 of the Deed Records of Harris County, Texas. Title to said interest not checked subsequent to date of aforesaid instrument. m. All oil, gas, and other minerals, the royalties, bonuses, rentals and all other rights in connection with same are excepted herefrom as set forth in instrument recorded in Volume 4739, Page 21 of the Deed Records of Harris County, Texas. Title to said interest not checked subsequent to date of aforesaid instrument. n. All rights, title and interest in and to all the oil, gas and other minerals, and all other components of the mineral estate, together with all rights, easements and privileges relating thereto are excepted from coverage. The purpose of this exception is to limit policy coverage to the surface estate only and to exclude policy coverage for all right, title and interest of any persons, and/or the public, and/or entities, and/or governments, and to all of the oil, gas, minerals and other elements which do not constitute a part of the surface estate. It is the further purpose of this exception to exclude coverage for all rights, privileges and immunities, whether recorded or unrecorded, relating to the mineral estate including, but not limited to items such as: mineral leases, transfers of mineral interests, mineral conveyances or reservations, royalty conveyances or observations, pooling agreements, unit designations, royalty interest, royalties, bonuses, mineral estate rentals, delay rentals and ingress/egress for mineral production/transportation purposes. It is also the purpose of the exception to exclude from coverage any recorded or unrecorded easements and/or rights of way which are owned or held by any lessee or mineral estate interest owner, on, over, across or under the land for the purpose of producing interests excepted from policy coverage hereunder. o. Unit Agreement, Webster Field Unit dated December 1, 1971, filed for record under Harris County Clerk's File No. D963691. p. Those liens created at closing, if any, pursuant to your instructions. q. Rights of parties in possession. (Owner Policy only.) r. Visible and apparent easements over and across subject property(Owner Policy Only). 5 GF No. 01-42302159 SCHEDULE C Your policy will not cover loss, costs, attorney's fees, and expenses resulting from the following requirements that will appear as Exceptions in Schedule B of the Policy, unless you dispose of these matters to our satisfaction, before the date the Policy is issued: 1. Documents creating your title or interest must be approved by us, and must be signed, notarized and filed for record. 2. Satisfactory evidence must be provided that: no person occupying the land claims any interest in that land against the persons named in paragraph 3 of Schedule A, all standby fees, taxes, assessments and charges against the property have been paid, all improvements or repairs to the property are completed and accepted by the owner, and that all contractors, subcontractors,, laborers and suppliers have been fully paid, and that no mechanic's, laborer's or materialmen's liens have attached to the property, there is legal right of access to and from the land. (on a Mortgagee Policy only) restrictions have not been and will not be violated that affect the validity and priority of the insured mortgage. 3. You must pay the seller or borrower the agreed amount for your property or interest. 4. Any defect, lien or other matter that may affect title to the land or interest insured, that arises or is filed after the effective date of this Commitment. 5. NOTE: We find no outstanding liens of recurd affecting the subject property. Inquiry should be made concerning the existence of any unrecorded lien(s) or other indebtedness which could give rise to any security interest claim in the subject property. 6. Company requires evidence of the marital status of record owner. If record owner was married and is now single, or was married and is now married to a different spouse, Company requires sufficient information to determine the status of any outstanding community interest for purposes of the joinder of additional parties, if necessary. Company requires the joinder of spouse, if any, in any conveyance of homestead property. 7. "The policy(ies) anticipated by this Commitment contain provisions relative to the use of Arbitration in the settlement of claims. These provisions may be deleted without cost upon written request by the insured prior to the issuance of the policy(ies). 6 GF No. 01-42302159 8. Note to all Buyers, Sellers, Borrowers, Lenders and all parties having a vested interest in the transaction covered by this Commitment. The following constitutes a MAJOR CHANGE in the procedures and requirements for disbursement of funds by the Title Agent pursuant to this transaction: Effective August 1, 1988, the State Board of Insurance has adopted Procedural Rule P-27 which will require that "Good Funds" be received and deposited before a Title Agent may disburse from its Trust Fund account. "Good Funds" is defined as; (1) Cash or Wire Transfers; (2) Certified funds, including certified checks and cashiers checks; (3) Uncertified funds in amounts less than $1,500.00, including checks, travelers checks, money orders and negotiable orders of withdrawal; provided multiple items shall not be used to avoid the $1,500.00 limitation; and (4) Uncertified funds in amounts of $1,500.00 or more, drafts, and any other item when collected by the Financial Institution. For the benefit of all parties, The Company has adopted a policy that uncertified funds, in the aggregate, may not exceed the sum of $500.00. Alamo Title Insurance By: C�, 4� Glennie Hefner 6 ' TITLE OFFICER: Bill Ballard 7 • • COMMITMENT FOR TITLE INSURANCE SCHEDULE D Pursuant to the requirements of Rule P-21, Basic Manual of Rules, Rates and Forms for the writing of Title Insurance in the State of Texas, the following disclosures are made: 1. The following individuals are Directors and/or Officers of ALAMO TITLE INSURANCE: OFFICERS DIRECTORS William P. Foley, II CEO/Chairman of the Board William P. Foley, II Darryl J. Tyson Chief Operating Officer Frank P. Willey Ronald R. Maudsley President Patrick F. Stone Alan L. Stinson Treasurer and C.F.O. Ronald R. Maudsley Brad J. Brigante Senior Vice President and Secretary Alan L. Stinson Alamo Title Holding Company owns 100% of Alamo Title Insurance, and Fidelity National Financial, Inc. owns 100%of Alamo Title Holding Company. 2. The following disclosures are made by the Title Insurance Agent Issuing this Commitment: Alamo Title Company of Harris County, Inc., d/b/a Alamo Title Company Owned 100% by SWT Holdings, which is owned 100% by Alamo Title Holding Company, which is owned 100% by Fidelity National Financial, Inc. 3. You are entitled to receive advance disclosure of settlement charges in connection with the proposed transaction to which this Commitment relates. Upon your request, such disclosure will be made to you. Additionally, the name of any person, firm or corporation receiving any sum from the settlement of this transaction will be disclosed on the closing or settlement statement. You are further advised that the estimated title premium * is: Owners Policy $510.00 Mortgage Policy $100.00 Endorsement Charges $75.00 Total $685.00 Of this total amount: $685.00% 100 will be paid to the policy issuing Title Insurance Company: $ will be retained by the issuing Title Insurance Agent; and the remainder of the estimated premium will be paid to other parties as follows: AMOUNT TO WHOM FOR SERVICE $0.00 $0.00 The estimated premium is based upon information furnished to us as of the date of this Commitment for Title Insurance. Final determination of the amount of the premium will be made at closing in accordance with the Rules and Regulations adopted by the State Board of Insurance. This Commitment is invalid unless the insuring provisions and Schedules A, B and C are attached. • ALAMO TITLE-SCHEDULE D • • • GF No. 01-42302159 IMPORTANT NOTICE FOR INFORMATION, OR TO MAKE A COMPLAINT CALL OUR TOLL-FREE TELEPHONE NUMBER ALSO YOU MAY CONTACT THE TEXAS DEPARTMENT OF INSURANCE AT 1-800-252-3439 to obtain information on: 1. filing a complaint against an insurance company or agent, 2. whether an insurance company or agent is licensed, 3. complaints received against an insurance company or agent, 4. policyholder rights, and 5. a list of consumer publications and services available through the Department. YOU MAY ALSO WRITE TO THE TEXAS DEPARTMENT OF INSURANCE P.O. BOX 149104 AUSTIN, TEXAS 78714-9104 FAX NO. (512) 475-1771 AVISO IMPORTANTE PARA INFORMACION, 0 PARA SOMETER UNA QUEJA LLAME AL NUMERO GRATIS TAMBIEN PUEDE COMUNICARSE CON EL DEPARTAMENTO DE SEGUROS DE TEXAS AL 1-800-252-3439 para obtener information sobre: 1. como someter una queja en contra de una compania de seguros o agente de seguros, 2. si una compania de seguros o agente de seguros tiene licencia, 3. quejas recibidas en contra de una compania de seguros o agente de seguros, 4. los derechos del asegurado, y 5. una lista de publicaciones y servicios para consumidores disponibles a traves del Departamento. TAMBIEN PUEDE ESCRIBIR AL DEPARTAMENTO DE SEGUROS DE TEXAS P.O. BOX 149104 AUSTIN, TEXAS 78714-9104 FAX NO. (512) 475-1771 GF No. 01-42302159 DELETION OF ARBITRATION PROVISION (Not applicable to the Texas Residential Owner 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 S 1,000,000 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: "Unless prohibited by applicable law or unless this arbitration section is deleted by specific provision in Schedule B of this policy, either the Company or the Insured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. 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, and service of the Company in connection with its issuance or the breach of a policy provision or other obligation. All arbitrable matters when the Amount of Insurance is $1,000,000 or less SHALL BE arbitrated at the request of either the.Company or the Insured, unless the insured is an individual person(as distinguished from a corporation, trust, partnership, association or other legal entity). All arbitrable matters when the Amount of Insurance is in excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and the Insured.. Arbitration pursuant to this Policy and under the Rules in effect on the date the demand for arbitration is made or, at the option of the Insured, the rules in effect at the Date of Policy shall be binding upon the parties. The award may include attorney's fees only if the laws of the state in which the land is located permit a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request." I request deletion of the Arbitration provision. SIGNATURE DATE Fidelity National Financial Group of Companies' Privacy Statement July 1, 2001 We recognize and respect the privacy expectations of today's consumers and the requirements of applicable federal and state privacy laws. We believe that making you aware of how we use your non-public personal information("Personal Information"), and to whom it is disclosed, will form the basis for a relationship of trust between us and the public that we serve.This Privacy Statement provides that explanation. We reserve the right to change this Privacy Statement from time to time consistent with applicable privacy laws. In the course of our business,we may collect Personal Information about you from the following sources: • From applications or other forms we receive from you or your authorized representative; • From your transactions with, or from the services being performed by, us, our affiliates, or others; • From our internet web sites; • From the public records maintained by governmental entities that we either obtain directly from those entities,or from our affiliates or others; and • From consumer or other reporting agencies. Our Policies Regarding the Protection of the Confidentiality and Security of Your Personal Information We maintain physical, electronic and procedural safeguards to protect your Personal Information from unauthorized access or intrusion. We limit access to the Personal Information only to those employees who need such access in connection with providing products or services to you or for other legitimate business purposes. Our Policies and Practices Regarding the Sharing of Your Personal Information We may share your Personal Information with our affiliates, such as insurance companies, agents, and other real estate settlement service providers. We also may disclose your Personal Information: • to agents, brokers or representatives to provide you with.services you have requested; • to third-party contractors or service providers who provide services or perform marketing or other functions on our behalf; and • to others with whom we enter into joint marketing agreements for products or services that we believe you may find of interest. In addition, we will disclose your Personal Information when you direct or give us permission, when we are required by law to do so, or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. One of the important responsibilities of some of our affiliated companies is to record documents in the public domain. Such documents may contain your Personal Information. Right to Access Your Personal Information and Ability to Correct Errors or Request Changes or Deletion Certain states afford you the right to access your Personal Information and, under certain circumstances, to find out to whom your Personal Information has been disclosed. Also, certain states afford you the right to request correction, amendment or deletion of your Personal Information. We reserve the right, where permitted by law, to charge a reasonable fee to cover the costs incurred in responding to such requests. All requests must be made in writing to the following address: Privacy Compliance Officer Fidelity National Financial, Inc. 4050 Calle Real, Suite 220 Santa Barbara, CA 93110 Multiple Products or Services If we provide you with more than one financial product or service,you may receive more than one privacy notice from us. We apologize for any inconvenience this may cause you. Melinda Welsh From: Morad Kabiri Sent: Tuesday, May 04, 2010 5:10 PM To: Melinda Welsh Subject: RE: 42302159/City of Friendswood This is in reference to our EDA project...the 2 acre site the City owns near Timber Creek Golf Course (location of surface water station). On the same project, could you send me a copy of the executed resolution approved last night R2010-17? Thanks. Morad Kabiri, PE, AICP Director of Community Development/ City Engineer City of Friendswood, Texas 281-996-3203; 281-996-3260 (fax) Original Message From: Melinda Welsh Sent: Tuesday, May 04, 2010 4:30 PM To: Morad Kabiri Subject: RE: 42302159 / City of Friendswood Please refresh my memory on what property this is regarding. I remember looking for this title policy but cannot remember exactly what property it was. Melinda Welsh City Secretary City of Friendswood 281-996-3270 (Fax) 281-482-1634 mwelsh@friendswood.com "This e-mail contains thoughts and opinions of Melinda Welsh and does not represent official city policy" It's not what you leave behind that matters, it is what you send ahead ATTENTION PUBLIC OFFICIALS! A "Reply to All" of this e-mail could lead to violations of the Texas Open Meetings Act. Please reply only to the sender. Original Message From: Bobby Gervais [mailto:bgervais@OlsonOlson.com] Sent: Tuesday, May 04, 2010 9:22 AM To: Morad Kabiri Cc: Melinda Welsh 1 Subject: FW: 42302159 / City of Friendswood FYI BG Original Message From: Hefner,Glennie [mailto:Ghefner@alamotitle.com] Sent: Monday, May 03,2010 5:45 PM To: Bobby Gervais Subject: FW: 42302159 / City of Friendswood Copy of the title policy you requested last week is attached. Glennie Hefner Vice President/Branch Manager ghefner@alamotitle.com Alamo Title Company 100 Cyberonics Drive, #127 Houston,Texas 77058 281-488-3950 281-488-3958 (fax) Original Message From: Moore, Kim Sent: Thursday, April 29,2010 3:16 PM To: Hefner,Glennie Subject: FW: 42302159 2 Melinda Welsh From: Bobby Gervais [bgervais@OlsonOlson.com] Sent: Tuesday, May 04, 2010 9:22 AM To: Morad Kabiri Cc: Melinda Welsh Subject: FW: 42302159/City of Friendswood Attachments: Document.pdf Document.pdf(388 KB) FYI BG Original Message From: Hefner, Glennie [mailto:Ghefner@alamotitle.com] Sent: Monday, May 03, 2010 5:45 PM To: Bobby Gervais Subject: FW: 42302159 / City of Friendswood Copy of the title policy you requested last week is attached. Glennie Hefner Vice President/Branch Manager ghefner@alamotitle.com Alamo Title Company 100 Cyberonics Drive, #127 Houston,Texas 77058 281-488-3950 281-488-3958 (fax) Original Message From: Moore, Kim Sent: Thursday, April 29, 2010 3:16 PM To: Hefner, Glennie Subject: FW: 42302159 i FROM gi 15:52/NO. 3760048439 P 2 NON HOMESTEAD AND COMMUNITY >s't��1 -1 ,1-"r• 4► •CLAIMER AFFIDAVIT 1 . STATE OF TEXAS COUNTY OF HARRIS COUNTY BEFORE ME, the undersigned authority, 9 ty, on this day paid � i.paared BEAKY CAROL KENT _ and I am the +spouse of. I do not reside upon, of in any manner, nor claim as either a business or residence homestead, nor do I have any Intention • ever in the future residing upon. using or claiming as either a business or residence homestead, the toga ing described property. I hereby renounce and disclaim any homestead right, interest or exemption In suc properly, to-wit: SEE "EXHIBIT "A" attached 14gq YNt 'Ztplq Si'ehh&m -r��g3.5 "In addition to the foregoing, the above described property con tttutes the separate property and estate 0 of my spouse„ and futhermore, the abs.:.•a described property I not a pert of the community property of myself and my spouse. Additionally, I •isdaim any right of contribution for any improvements, which may have been placed upon the ebo a described ro e • p P rtY . FURTHER, AFFIANT SAYETH NOT. Affiant knows that Cam/Title Company, inc., 1s relying u.on the statements contained In this rr affidavit to be true end correct, and without the true informant) contained he►eln, said Company, Inc., would not issue its Title Policy. J141f Title EXECUTED title ) 1 day of August. 2001. NANCY , . : ri, i 7011 01 FILED BY ALAMO TITLE COMPANY 1111/10 '` 7 ice; GF No. 01-42302159 EXHIBIT "A" Being a tract of land containing 2.000 acres (87,112 square feet) out of the J.E. Perry and E.M. Austin League Survey, A-55, Harris County, Texas, said 2.000 acre tract being a portion of the called 10 acres of land conveyed to T.H. Kent as recorded under Harris County Clerk's File No. B506666, Film Code No. 070-08-0301 of the Official Public Records of Real Property in Harris County, and being a portion of Division D of Lot 64, according to the map thereof recorded in Volume 3, Page 6, Harris County Map Records, Harris County, Texas, said 2.000 acre tract being more particularly described by metes and bounds as follows, with the basis of bearing being a Southerly line of a 185.994 acre tract of land conveyed to Coastal Bend Property Development, L.L.C. as recorded under Harris County Clerk's File No. S903461, Film Code No. 517-37-2615 of the Official Public Records of Real Property in Harris County: BEGINNING at a 1/2 inch iron rod found in a Southerly line of said 185.994 acre tract, for the West corner of Division C of Lot 64, according to the map thereof recorded in Volume 3, Page 6, Harris County Map Records, Harris County, Texas, for the West corner of a called 10.000 acre tract of land conveyed to John 0. Norman and wife, Myrna R. Norman as recorded under Harris County Clerk's File No. P616830, Film Code No. 196-44-1112 of the Official Public Records of Real Property in Harris County, for the North corner of said Division D of Lot 64, for w"l the North corner of said T.H. Kent tract and for the North corner of the tract herein described; 0 :i THENCE, South 48 deg. 22 min. 33 sec. East, leaving the a Southerly line of said 185.994 acre tract, with a Northeasterly line of said Division D of Lot 64, with a Southwesterly line of said Division C of Lot 64, a distance of 295.16 feet to a 5/8 inch iron rod with cap stamped 11 "Weisser Eng. Houston Tx" set for the East corner of said tract herein described; ri THENCE, South 42 deg. 23 min. 45 sec. West, leaving the Northeasterly line of said Division 71 D of Lot 64, a distance of 295.16 feet to a 5/8 inch iron rod with cap stamped "Weisser Eng. 7 Houston Tx" set for the South corner of said tract herein described; IP THENCE, North 48 deg. 22 min. 33 sec. West, a distance of 295.16 feet to a 5/8 inch iron rod with cap stamped "Weisser Eng. Houston Tx" set in a Southerly line of said 185.994 acre tract and for the West corner of said tract herein described; THENCE, North 42 deg. 23 min. 45 sec. East, with a Southerly line of said 185.994 acre tract, a distance 295.16 feet to the point of BEGINNING and containing 2.000 acres (87,112 square feet) of land. NOTE: THIS COMPANY DOES NOT REPRESENT THAT THE ABOVE ACREAGE AND/OR SQUARE FOOTAGE CALCULATIONS ARE CORRECT. RECORDER'S MEMORANDUM: At the time of recordation, this instrument was found to be inadequate for the best photographic reproduction because of illegibility, carbon or photo copy, discolored paper, etc. All block outs, additions and changes were present at the time the instrument was filed and recorded. ANY PROVISION IEREM WHICH RESTRICTS THE SALE,RENTAL,OR 113E OF 11E IN SCRWEO REAL PROPERTY BECAUSE OF COLOR OR RACE IS WVALD AND UNENFORCEABLE UNDER FEDERAL LAW. THE STATE OF TEXAS COUNTY OF HARRIS I hmeq ca1TT dpI B e irbumsN rss F9ED n Fds Nusbr Segera a b dds n/sl b bs sWpedlegionasu;adwdu RRECORDEDAbOfddPubicRsoodsoftpo1rMdlMb ' ` CauNF,Twsan "ft 4'1,', AUG 2 3 2001 0'. � n;; �, COUNTY CLERK ‹,• ). HARRIS COUNTY,TEXAS J , .1111.0) OWNER'S COVERAGE STATEMENT PAGE 1 This Policy insures your title to the land described in Schedule A— if that land is a one-to-four family residential property or condominium unit. Your insurance, as described in this Coverage Statement, is effective on the Policy Date shown in Schedule A. This document is title insurance. It is not an opinion or report of your title. It is a contract of indemnity,meaning a promise to pay you or take other action if you have a loss resulting from a covered title risk. Your insurance under this contract is limited by the following: • Exclusions on page 4 • Exceptions in Schedule B, page 3 • Conditions on pages 4 and 5 We insure you against actual loss resulting from: • Any title risks covered by this Policy—up to the Policy Amount, and • Any costs,attorneys'fees and expenses we have to pay under this Policy. We must approve the attorney before the attorney begins to work. You have the right to disapprove our choice of attorney for reasonable cause. COVERED TITLE RISKS This Policy covers the following title risks subject to the Exceptions.(p.3)and Exclusions(p..4),if they affect your title,to the land on the Policy Date. We do nof promise that there are no covered risks. We do insure you if there are covered title risks. 1. Someone else owns an interest in your title. 2. A document is invalid because of improper signature, acknowledgment, delivery, or recording. 3. A document is invalid because of forgery,fraud, duress, incompetency, incapacity or impersonation. 4. Restrictive covenants apply to your title. 5. There is a lien on your title because of: • a mortgage or deed of trust, • a judgment,tax, or special assessment,or • a charge by a homeowner's or condominium association. 6. There are liens on your title for labor and material which have their inception before the policy date. However,we will not cover liens for labor and material that you agreed to pay for. 7. Others have rights in your title arising out of leases,contracts, or options. 8. Someone else has an easement on your land. 9. You do not have good and indefeasible title. 10. There are other defects in your title. 11. There are other liens or encumbrances on your title. This Policy also covers the following title risk: You do not have any legal right of access to and from the land. OUR DUTY TO DEFEND AGAINST COURT CASES We will defend your title in the part or parts of a court case involving a Title Risk covered by this Policy. We will pay the costs, attorneys'fees, and expenses that we incur in that defense. We will not pay for the parts of a case not involving a covered title risk. You may disapprove our choice of attorney for reasonable cause. We can end this duty to defend your title by exercising any of our options listed in Item 4 of the Conditions, see page 4. This Policy is not complete without Schedules A and B. Alamo Title Insurance t`�`E t HSGy� President e m Ttei\ Secretary • FORM T•1R: Residential Owner Policy of Title Insurance FORM T-1R: Residential Owner Policy of Title Insurance Insurance • PAGE 4 EXCLUSIONS �.. resultingfrom these Exclusions: In addition to the Exceptions in Schedule B,we do not insure you against loss,costs,attorneys'fees,and expenses 1. We do not cover loss caused by the exercise of governmental police power or the enforcement or violation of any law or government regulation. This includes building and zoning ordinances and laws and regulations concerning: a. Land use b. Improvements on the land c. Land division d. Environmental protection This exclusion does not apply to notices of violations or notices of enforcement that appear in the public records at Policy Date. However,there may be an Exception in Schedule B. 2. We do not cover the right to take the land by condemning it,unless: a. a notice of exercise of the right appears in the public records on the Policy Date,or b. the taking happened before the Policy Date and is binding on you if you bought the land without knowing of the taking. 3. We do not cover title risks: a. that are created,allowed,or agreed to by you, b. that are known to you,but not to us on the Policy Date unless they appeared in the public records, c. that result in no loss to you.or d. that first affect your title atter the Policy Date—this does not limit the labor and material lien coverage in Item 6 of the Covered Title Risks. 4. We do not cover the effect of failure to pay value for your title. 5. We do not cover lack of a right: a. to any land outside the area specifically described and referred to in Item 3 of Schedule A, b. in streets,alleys,or waterways that touch your land. This exclusion does not limit the access coverage in the Covered Title Risks. 6. We do not cover any claim based upon allegations that your purchase of title(or acquisition of title by gift or otherwise): a. was a fraudulent conveyance,fraudulent transfer,voidable distribution,or voidable dividend; b. should be subordinated or recharacterized as a result of equitable subordination; c. was a preferential transfer unless (1) the Company or its issuing agent failed to timely file for record the deed to you after delivery,or (2) the recordation of the deed to you is not legal record notice. 7We do cover the two types of claims described in c.(1)and c.(2)above.) .We do not cover the refusal of any person to buy,lease or lend money on your land because of unmarketability of the title. 8.We do not cover claims concerning the physical condition of your land or of the access to your land. CONDITIONS 1 DEFINITIONS a. Actual Loss. This is the difference between the value of your land without the covered title risk and the value of your land with the covered title risk.These values are the respective values at the time you must furnish proof of your loss. b. Document. A deed or other conveyance of title to you or a prior owner. c. Easement. A portion of your land someone else has the right to use for a special purpose. d. Goverment Regulation. Any federal,state,or local law,constitutional provision,regulation,ordinance,or guideline. e. Land,The land or condominium unit described in Schedule A and any improvements on the land that are real property. f. Knowledge or Known.Actual knowledge,not constructive knowledge or notice that may be imputed to an Insured by the public records. g M rt . A type of lien on the land such as a deed of trust or other security instrument. h. Public ecords. Those records required by Texas law and maintained by public officials in the county where the property is located that give legal notice of matters affecting your title. i. Title, The ownership interest in the land,as shown in Schedule A. j. We.us or our. The title insurance company.This is Alamo Title Insurance. k. You your. The Insured. 2. CONTINUATION OF COVERAGE We insure you as long as you: a. own your Title, b. own a mortgage from anyone who buys your Title,or c. are liable for any Title warranties you make. We insure anyone who receives your title because of your death. We do not insure your transferee or assigee. 3. YOUR DUTIES IF YOU MAKE A CLAIM You must follow this process to make a claim: a. You Must Give Us Notice Of Your Claim. If anyone claims a right against your insured title,you must notify us promptly. Send the notice to 1945 WALNUT HILL LANE,IRVING,TX 75038 or call 800-292-5320 and ask for a claims attorney. If you initially notify us by phone,we recommend that you also notify us in writing. Please include the Policy number shown in Schedule A,and the county where the land is. Our obligation to you is reduced or ended if: ((1 you fail to give prompt notice,and (2) your failure affects our ability to dispose of or to defend you against the claim. Our obligation is reduced only to the extent that your failure affects our ability to dispose of or to defend you against the claim. b. You Must Give Us Proof of Your Loss if We Request It. You must send to us,if we request,your signed proof of loss within 91 days of our request on a standard form supplied by us. Within 15 days after we receive your notice of claim,we must request a signed proof of loss. If not,we waive our right to require a proof of loss. This waiver will not waive our other rights under the policy. The statement must have the following information to the best of your knowledge: (1) the Covered Title Risks which resulted in your loss, 2 the dollar amount of your loss,and 3 the method you used to compute the amount of your loss. c. You Must Provide Pacers V e Request. We may require you to show us your records,checks,letters,contracts,and other papers that relate to your claim of loss.We may make copies of these papers. If you tell us this information is confidential,we will not disclose it to anyone else unless we reasonably believe the disclosure is necessary to administer the claim. d. You Must Answer Questions Under Oath. We may require you to answer questions under oath. e. Effect of Failure to Cooperate. Our obligation to you reduces or ends if you fail or refuse to: (1) a provide a statement of loss, b answer our questions under oath,or c show us the papers we request,and (2) your failure or refusal affects our ability to dispose of or to defend you against the claim. 4. OUR CHOICES WHEN YOU NOTIFY US OF A CLAIM a. After we receive your claim notice or in any other way learn of a matter for which we are liable,we can do one or more of the following: 1 Pay the claim against your title. 2 Negotiate a settlement. 3 Prosecute or defend a court case related to the claim. 4 Pay you the amount required by this Policy. 5 Take other action under Section 4b. t6 Cancel this Policy by paying the Policy Amount,then in force,and only those costs,attorneys'fees and expenses incurred up to that time that we are obligated to pay. We can choose which of these to do. b. If you report to us that a covered title risk exists,we will promptly investigate to determine if that covered title risk is valid and not barred by law or statute. A covered title risk is a title risk that this Policy does not exclude or except. If we conclude that your claim,or any part of your claim,is covered by the Policy,we will take one or more of the following actions to the extent that it is covered: (1) Institute all necessary legal proceedings to clear the title to the property; 2 Indemnity you pursuant to the terms of the Policy; 3 Issue a new title policy without making exception to the covered title risk. If another insurer issues the new title policy to your purchaser,lender or other transferee without making exception to the covered title risk,we will indemnify the other insurer. (4) Secure a release of the covered title risk. c. If we deny your claim,or an part of your claim,not more than 15 days after we deny the claim,we will: 4:111 1)( notify you in writing,and 2 give you the reasons for denial of your claim in writing. CONDITIONS-Continued PAGE 5 rWe HANDLING A CLAIM QR COURT CASE ust cooperate with us in handling any claim or court case and give us all relevant information. ust repay you only for those settlement costs,attorneys'fees and expenses that we approve in advance. we defend or sue to clear your title,we have a right to choose the attorney. You have the right to disapprove our choice of attorney for reasonable cause. We ppeal any decision to the highest court. We do not have to pay your claim until your case is finally decided. We do not agree that the matter is a covered title defending. LIMITATI,ONS F OUlj LIABILITY bility is limited byte following: a. We will pay up to your actual loss or the Policy Amount in force when the claim is made—whichever is less. b. If we remove the claim against your title with reasonable diligence or take other action under this policy after receiving notice of it,we will have no further liability for it. c. All payments we make under this Policy—except for costs,attorneys'fees and expenses—will be subtracted from your Policy Amount. d. If the Covered Title Risk is an easement,we may pay an insured mortgage holder instead of paying you when a written agreement between you and the mortgage holder allows. If the claim involves another Covered Title Risk,we may pay the mortgage holder instead of paying you. The amount paid to the mortgage holder is considered a payment to you under your Policy and will be subtracted from your Policy amount. e. If you do anything to affect any right of recovery or defense you may have,we can subtract from our liability the amount by which you reduced the value of that right or defense. But we must add back to our liability any amount by which our expenses are reduced as a result of your action. 7. TRANSFER OF YOUR RIGHTS When we settle a claim,we have all the rights you had against any person or property,related to the claim.You must transfer these rights to us when we ask,and you must not do anything to affect these rights. You must let us use your name in enforcing these rights.We will not be liable to you if we do not pursue these rights or if we do not recover any amount that might be recoverable.With the money we recover from enforcing these rights,we will pay whatever part of your loss we have not paid. We have a right to keep what is left. 8. ARBITRATION If it is permitted under Texas or federal law,you and we may agree to arbitration when you file a claim.The arbitration may decide any matter in dispute between you and us.Arbitration is one means of alternative dispute resolution.It may lessen the time and cost of claims settlement.You may wish.to consider another form of mediation or use the court system.If you choose arbitration,you may give up some discovery rights and your right to sue.The arbitration award may: a. include attorneys'fees if allowed by state law,and/or b. be entered as a judgment in the proper court. The arbitration shall be under the Title Insurance Arbitration Rules of the American Arbitration Association. You may choose current Rules or Rules in existence on Policy Date.The law used in the arbitration is the law of the place where the property is located. You can get a copy of the Rules from us. 9. ENTIRE CONTRACT PROVISION This Policy and any endorsements we attach are the entire contract between you and us. Any claim you make against us must be under this Policy and is subject to its terms. 10. COMPLAINT NOTICE Should any dispute arise aboutyouur premium ou also yor about a claim that you have filed,contact the agent or write to us.OUR TOLL-FREE NUMBER IS 1-800-292-5320. If we do not TOLL-FREEesolve the FOR THE TEXAS DEPARTMENT O write the FsINSURANCES Insurance, 149091,Austin,TX 78714-9091,Fax No.(512)475-1771.THE This notice of complaint procedure is for information only.It does not become a part or condition of this policy. FOR INFORMATION, OR TO MAKE A COMPLAINT, CALL: 1-800-292-5320 (e?16' ..°)..) to w a) U Li: G O Z ct V c h L. } _ � � _ J , 0 N Q (.7 0 O NCLL � C a o C CC 0 CI (10 WCC C 1114\ X LL OF- <1w o LLI II t W to Z N 0