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HomeMy WebLinkAboutGeneral Warranty Deed - Charles L Russo and Deborah G Russo - 301 W CASTLEWOOD AVEGENERAL WARRANTY DEED NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. THE STATE OF TEXAS COUNTY OF Galveston§ § §KNOW ALL MEN BY THESE PRESENTS:THAT, Charles L Russo and Deborah G Russo. hereinafter known as Granter (whether one or more), of the City of fyi�, State orl..fNUl> , for and in.. consideration of the sum of Five Hundred Ninety Thousand Six Hundred Twenty and 35/100 Dollars($590,620.35) to Granter paid by the City of Friendswood, Texas, the receipt and sufficiency of which is hereby acknowledged, has granted, sold and conveyed, and by these presents does grant, sell and convey unto the said City of Friendswood, Texas, hereinafter known as City, its successors and assigns, the following described property situated in the City ofFriendswood, Texas. 301 W Castlewood Ave, Friendswood, TX 77546 Part of Lot One (1), Block Five (5), Friendswood Subdivision, a subdivision in Galveston County, Texas, according to the map or plat recorded in Volume 238, Page 14 and transferred to Plat Record 7, Map No. 20 in the Office of the County Clerk of Galveston County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at an iron rod in the Northeast line of said Lot One (1), Block Five (5), and being South 45 deg. 00 min. 00 sec. East a distance of 20.00 feet from the North corner of said Lot One (1); THENCE South 45 deg. 00 min.00 sec. East along the Northeast line of said Lot One (1), a distance of 640.00 feet to an iron rod marking the East corner of said Lot One (1); THENCE South 45 deg. 00 min. 00 sec. West along the Southeast line of said Lot One (1) a distance of 172.00 feet to the center Line of Coward's Creek; THENCE upstream along the center line of Coward's Creek as follows: South 76 degrees 20 minutes 07 seconds West 106.25 feet North 69 degrees 02 minutes 02 seconds West 40.38 feet North 26 degrees 15 minutes 11 seconds West 86.27 feet North 31 degrees 57 minutes 47 seconds West 38.65 feet North 38 degrees 34 minutes 10 seconds East 68.30 feet North 11 degrees 48 minutes 09 seconds West 19.17 feet North 55 degrees 01 minutes 20 seconds West 59.48 feet North 23 degrees 23 minutes 51 seconds West 48.80 feet North 76 degrees 01 minutes 17 seconds West 113.14 feet North 62 degrees 17 minutes 01 seconds West 138.66 feet South 87 degrees 12 minutes 29 seconds West 32.03 feet THENCE North 45 deg. 00 min. 00 sec. West 50.00 feet to an iron rod in the Southeast right-of-way line of Castlewood Drive; THENCE North 45 deg. 00 min. 00 sec. East 280.00 feet to the Place of Beginning and containing 3.3 acres of land, more or less. The above described property conveyed shall include all right, title and interest, if any, of Grantor in and to, (1) any land lying in a street, road, tollway, accessway or easement (including any drainage or flood control easement) open or proposed, in front of, at the side of, adjoining, or within the above described property, (2) the bed and banks of any bayou, stream, canal or ditch adjoining or adjacent to the above described property, (3) all reversionary rights attributable to the above described property, and (4) all rights of ingress and egress to the above described property by way of open or dedicated roads and streets adjoining the property. This conveyance is made by Grantor and accepted by the City subject to all valid and subsisting encumbrances, conditions, covenants, restrictions, reservations, exceptions, rights-of-way and easements appearing of record in the Official Public Records of Real Property of Galveston County, Texas, relative to the above described property, but only to the extent the same are applicable to and enforceable against the City. This conveyance is further made subject to the restrictions and conditions contained in Exhibit"A" attached hereto and made part hereof. TO HA VE AND TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging unto the said City, its successors and assigns, forever, and Grantor does hereby bind himself, his, herself, her itself, its themselves, their, heirs, executors and administrators, its successors and assigns to Warrant and Forever Defend all and singular the said premises unto the said City, its successors and assigns, against every person whomsoever lawfully claiming, or to claim the same, or any part thereof, subject to the reservations from and exceptions to warranty and conveyance described above. EXECUTED on July \Y_, 2020. Grantor's Address: GRANTOR: toot are�en b'f"10.'" Ave- r: n en d,s woc,tl, Tl./-, t 54-l.x.&L£rf?� Charles L Russo Grantee's Address: 910 S. Friendswood Dr. Friendswood, TX 77546 � /4.R..� Deborah G Russo THE STATE OF TEXAS § § ACKNOWLEDGMENT COUNTY OF GALVESTON § This instrument was acknowledged before m, Deborah G Russo. •880MANNOTARY ID #1088519-8 My Commission Expires June 10, 2021 RECORDED BY SOUTH LAND TITLE LLC GF # BOFW2001175 2020, by Charles L Russo and Exhibit A In reference to the property or properties ("Property") conveyed by the Deed between Charles L Russo and Deborah G Russo participating in the federally-assisted acquisition project ("the Granter") and the City of Friendswood, Texas, ("the Grantee"), its successors and assigns: WHEREAS, The Robert T. Stafford Diaster Relief and Emergency Assistance Act, ("The Stafford Act"), 42 U.S.C. § 5121 et seq., identifies the use of disaster relief funds under§ 5170c, Hazard Mitigation Grant Program, including the acquisition and demolition of structures in the floodplain; WHEREAS, the mitigation grant program provides a process for a local government, through the State, to apply for federal funds for mitigation assistance to acquire interests in property, including the purchase of structures in the floodplain, to demolish and/or remove the structures, and to maintain the use of the Property as open space in perpetuity; Whereas, the State has applied for and been awarded such funding from the Department of Homeland Security, Federal Emergency Management Agency and has entered into a mitigation grant program Grant Agreement with FEMA for DR 4332, herein incorporated by reference; making it a mitigation grant program grantee. Whereas, the Property is located in the City of Friendswood, and the City of Friendswood participates in the National Flood Insurance Program and is in good standing with NFIP as of the date of the Deed; Whereas, the City of Friendswoodhas applied for and been awarded federal funds pursuant to an agreement with the State for DR 4332 ("State-Local Agreement"), and herein incorporated by reference, making it a mitigation grant program subgrantee; WHEREAS, the terms of the mitigation grant program statutory authorities, Federal program requirements consistent with 44 C.F.R. Part 80, the Grant Agreement, and the State-local Agreement require that the Grantee agree to conditions that restrict the use of the land to open space in perpetuity in order to protect and preserve natural floodplain values; Now, therefore, the grant is made subject to the following terms and conditions: 1.Terms. Pursuant to the terms of the HMGP program statutory authorities, Federal program requirements consistent with 44 C.F.R. Part 80, the Grant Agreement, and the State-local Agreement, the following conditions and restrictions shall apply in perpetuity to the Property described in the attached deed and acquired by the Grantee pursuant to FEMA program requirements concerning the acquisition of property for open space: a.Compatible uses. The Property shall be dedicated and maintained in perpetuity as open space for the conservation of natural floodplain functions. Such uses may include: parks for outdoor recreational activities; wetlands management; nature reserves; cultivation; grazing; camping (except where adequate warning time is not available to allow evacuation); unimproved, unpaved parking lots; buffer zones; and other uses consistent with FEMA guidance for open space acquisition, Hazard Mitigation Assistance, Requirements for Property Acquisition and Relocation for Open Space. b.Structures. No new structures or improvements shall be erected on the Property other than: i.A public facility that is open on all sides and functionally related to a designated open space or recreational use; ii.A public rest room; or iii.A structure that is compatible with open space and conserves the natural function of the floodplain, including the uses described in Paragraph l .a., above, and approved by the FEMA Administrator in writing before construction of the structure begins. Any improvements on the Property shall be in accordance with proper floodplain management policies and practices. Structures built on the Property according to paragraph b. of this section shall be floodproofed or elevated to at least the base flood level plus 1 foot offreeboard, or greater, if required by FEMA, or if required by any State, Tribal, or local ordinance, and in accordance with criteria established by the FEMA Administrator. c.Disaster Assistance and Flood Insurance. No Federal entity or source may provide disaster assistance for any purpose with respect to the Property, nor may any application for such assistance be made to any Federal.entity or source. The Property is not eligible for coverage under the NFIP for damage to structures on the property occurring after the date of the property settlement, except for pre-existing structures being relocated off the property as a result of the project. d.Transfer. The Grantee, including successors in interest, shall convey any interest in the Property only if the FEMA Regional Administrator, through the State, gives prior written approval of the transferee in accordance with this paragraph. i.The request by the Grantee, through the State, to the FEMA Regional Administrator must include a signed statement from the proposed transferee that it acknowledges and agrees to be bound by the terms of this section, and documentation of its status as a qualified conservation organization if applicable. ii.The Grantee may convey a property interest only to a public entity or to a qualified conservation organization. However, the Grantee may convey an easement or lease to a private individual or entity for purposes compatible with the uses described in paragraph (a), of this section, with the prior approval of the FEMA Regional Administrat or, and so long as the conveyance does not include authority to control and enforce the terms and conditions of this section. iii.If title to the Property is transferred to a public entity other than one with a conservation mission, it must be conveyed subject to a conservation easement that shall be recorded with the deed and shall incorporate all terms and conditions set forth in this section, including the easement holder's responsibility to enforce the easement. This shall be accomplished by one of the following means: a)The Grantee shall convey, in accordance with this paragraph, a conservation easement to an entity other than the title holder, which shall be recorded with the deed, or b)At the time of title transfer, the Grantee shall retain such conservation easement, and record it with the deed. iv.Conveyance of any property interest must reference and incorporate the original deed restrictions providing notice of the conditions in this section and must incorporate a provision for the property interest to revert to the State, Tribe, or local government in the event that the transferee ceases to exist or loses its eligible status under this section. 2.Inspection. FEMA, its representatives and assigns including the state or tribe shall have the right to enter upon the Property, at reasonable times and with reasonable notice, for the purpose of inspecting the Property to ensure compliance with the terms of this part, the Property conveyance and of the grant award. 3.Monitoring and Reporting. Every three years, the Grantee (mitigation grant program subgrantee), in coordination with any current successor in interest, shall submit through the State to the FEMA Regional Administrator a report certifying that the Grantee has inspected the Property within the month preceding the report, and that the Property continues to be maintained consistent with the provisions of 44 C.F.R. Part 80, the property conveyance, and the grant award. 4.Enforcement. The Grantee (mitigation grant program subgrantee), the State, FEMA, and their respective representatives, successors and assigns, are responsible for taking measures to bring the Property back into compliance if the Property is not maintained according to the terms of 44 C.F.R. Part 80, the property conveyance, and the grant award. The relative rights and responsibilities of FEMA, the State, the Grantee, and subsequent holders of the property interest at the time of enforcement, shall include the following: a.The State will notify the Grantee and any current holder of the property interest in writing and advise them that they have 60 days to correct the violation. i.If the Grantee or any current holder of the property interest fails to demonstrate a good faith effort to come into compliance with the terms of the grant within the 60-day period, the State shall enforce the terms of the grant by taking any measures it deems appropriate, including but not limited to bringing an action at law or in equity in a court of competent jurisdiction. ii.FEMA, its representatives, and assignees may enforce the terms of the grant by taking any measures it deems appropriate, including but not limited to 1 or more of the following: a)Withholding FEMA mitigation awards or assistance from the State or Tribe, and Grantee; and current holder of the property interest. b)Requiring transfer of title. The Grantee or the current holder of the property interest shall bear the costs of bringing the Property back into compliance with the terms of the grant; or c)Bringing an action at law or in equity in a court of competent jurisdiction against any or all of the following parties: the State, the Tribe, the local community, and their respective successors 5.Amendment. This agreement may be amended upon signatures of FEMA, the state, and the Grantee only to the extent that such amendment does not affect the fundamental and statutory purposes underlying the agreement. 6.Severability. Should any provision of this grant or the application thereof to any person or circumstance be found to be invalid or unenforceable, the rest and remainder of the provisions ofthis grant and their application shall not be affected and shall remain valid and enforceable. GRANTOR(S): Charles L Russo Deborah G Russo OF r f GRANTEE: XO rad Kabi City Manager City of Friendswood,Texas GENERAL WARRANTY DEED NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF Galveston§ THAT,Charles L Russo and Deborah G Russo hereinafter known as Grantor(whether. one or more), of the City of , State of I4_, CS ,for and in consideration of the sum of Five Hundred Ninety Thousand Six Hundred Twenty and 35/100 Dollars(5590,620.35) to Grantor paid by the City of Friendswood, Texas, the receipt and sufficiency of which is hereby acknowledged, has granted, sold and conveyed, and by these presents does grant, sell and convey unto the said City of Friendswood, Texas, hereinafter known as City, its successors and assigns,the following described property situated in the City of Friendswood, Texas. 301 W Castlewood Ave, Friendswood,TX 77546 Part of Lot One (1),Block Five (5), Friendswood Subdivision, a subdivision in Galveston County, Texas, according to the map or plat recorded in Volume 238,Page 14 and transferred to Plat Record 7,Map No. 20 in the Office of the County Clerk of Galveston County,Texas and being more particularly described by metes and bounds as follows: BEGINNING at an iron rod in the Northeast line of said Lot One(1),Block Five(5), and being South 45 deg. 00 min. 00 sec. East a distance of 20.00 feet from the North corner of said Lot One (1); THENCE South 45 deg. 00 min.00 sec. East along the Northeast line of said Lot One(1), a distance of 640.00 feet to an iron rod marking the East corner of said Lot One (1); THENCE South 45 deg. 00 min. 00 sec.West along the Southeast line of said Lot One(1) a distance of 172.00 feet to the center Line of Coward's Creek; THENCE upstream along the center line of Coward's Creek as follows: South 76 degrees 20 minutes 07 seconds West 106.25 feet North 69 degrees 02 minutes 02 seconds West 40.38 feet • North 26 degrees 15 minutes 11 seconds West 86.27 feet North 31 degrees 57 minutes 47 seconds West 38.65 feet North 38 degrees 34 minutes 10 seconds East 68.30 feet North 11 degrees 48 minutes 09 seconds West 19.17 feet North 55 degrees 01 minutes 20 seconds West 59.48 feet North 23 degrees 23 minutes 51 seconds West 48.80 feet North 76 degrees 01 minutes 17 seconds West 113.14 feet North 62 degrees 17 minutes 01 seconds West 138.66 feet South 87 degrees 12 minutes 29 seconds West 32.03 feet THENCE North 45 deg.00 min.00 sec.West 50.00 feet to an iron rod in the Southeast right-of-way line of Castlewood Drive; THENCE North 45 deg.00 min. 00 sec.East 280.00 feet to the Place of Beginning and containing 3.3 acres of land, more or less. The above described property conveyed shall include all right, title and interest, if any, of Grantor in and to, (1) any land lying in a street, road, tollway, accessway or easement(including any drainage or flood control easement) open or proposed, in front of,at the side of, adjoining,or within the above described property, (2) the bed and banks of any bayou, stream, canal or ditch adjoining or adjacent to the above described property, (3) all reversionary rights attributable to the above described property, and (4) all rights of ingress and egress to the above described property by way of open or dedicated roads and streets adjoining the property. This conveyance is made by Grantor and accepted by the City subject to all valid and subsisting encumbrances, conditions, covenants, restrictions, reservations, exceptions, rights-of-way and easements appearing of record in the Official Public Records of Real Property of Galveston County, Texas, relative to the above described property, but only to the extent the same are applicable to and enforceable against the City. This conveyance is further made subject to the restrictions and conditions contained in Exhibit"A"attached hereto and made part hereof. TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging unto the said City, its,successors and assigns, forever, and Grantor does hereby bind himself,his,herself,her itself, its themselves, their, heirs, executors and administrators, its successors and assigns to Warrant and Forever.Defend all and singular the said premises unto the said City, its successors and assigns, against every person whomsoever lawfully claiming, or to claim the same, or any part thereof, subject to the reservations from and exceptions to warranty and conveyance described above. EXECUTED on July IA, 2020. Grantor's Address: GRANTOR: 1 o01 are.,-1 briar A✓e- )(d&L Charles.L Russo Grantee's Address: AUG41 4. 4,44e 910 S. Friendswood Dr. Friendswood, TX 77546 Deborah G Russo ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF GALVESTON § This instrument was acknowledged before m July 2020, by Charles L Russo and Deborah G Russo. r1L'. o, NOTARY ID#1o88,518.0 et ry Public Signature. 1 1 'r^ My Commission Expires 2 4 L' June 10,2021 • RECORDED BY SOUTH LAND TITLE LLC GF#BOFW2001175 Exhibit A In reference to the property or properties("Property")conveyed by the Deed between Charles L Russo and Deborah G Russo participating in the federally-assisted acquisition project("the Grantor")and the City of Friendswood,Texas,("the Grantee"), its successors and assigns: WHEREAS,The Robert T. Stafford Diaster Relief and Emergency Assistance Act,("The Stafford Act"), 42 U.S.C. § 5121 et seq., identifies the use of disaster relief funds under§5170c,Hazard Mitigation Grant Program,including the acquisition and demolition of structures in the floodplain; WHEREAS,the mitigation grant program provides a process for a local government,through the State, to apply for federal funds for mitigation assistance to acquire interests in property, including the purchase of structures in the floodplain,to demolish and/or remove the structures,and to maintain the use of the Property as open space in perpetuity; Whereas,the State has applied for and been awarded such funding from the Department of Homeland Security,Federal Emergency Management Agency and has entered into a mitigation grant program Grant Agreement with FEMA for DR 4332,herein incorporated by reference; making it a mitigation grant program grantee. Whereas,the Property is located in the City of Friendswood,and the City of Friendswood participates in the National Flood Insurance Program and is in good standing with NFIP as of the date of the Deed; Whereas,the City of Friendswoodhas applied for and been awarded federal funds pursuant to an agreement with the State for DR 4332 ("State-Local Agreement"),and herein incorporated by reference,making it a mitigation grant program subgrantee; WHEREAS,the terms of the mitigation grant program statutory authorities, Federal program requirements consistent with 44 C.F.R. Part 80,the Grant Agreement,and the State-local Agreement require that the Grantee agree to conditions that restrict the use of the land to open space in perpetuity in order to protect and preserve natural floodplain values; Now,therefore,the grant is made subject to the following terms and conditions: 1.Terms.Pursuant to the terms of the HMGP program statutory authorities, Federal program requirements consistent with 44 C.F.R.Part 80,the Grant Agreement,and the State-local Agreement, the following conditions and restrictions shall apply in perpetuity to the Property described in the attached deed and acquired by the Grantee pursuant to FEMA program requirements concerning the acquisition of property for open space: a.Compatible uses. The Property shall be dedicated and maintained in perpetuity as open space for the conservation of natural floodplain functions. Such uses may include: parks for outdoor recreational activities; wetlands management;nature reserves;cultivation;grazing;camping(except where adequate warning time is not available to allow evacuation); unimproved,unpaved parking lots;buffer zones; and other uses consistent with FEMA guidance for open space acquisition, Hazard Mitigation Assistance,Requirements for Property Acquisition and Relocation for Open Space. b.Structures. No new structures or improvements shall be erected on the Property other than: i.A public facility that is open on all sides and functionally related to a designated open space or recreational use; ii.A public rest room;or iii.A structure that is compatible with open space and conserves the natural function of the floodplain, including the uses described in Paragraph 1.a.,above,and approved by the FEMA Administrator in writing before construction of the structure begins. Any improvements on the Property shall be in accordance with proper floodplain management policies and practices. Structures built on the Property according to paragraph b.of this section shall be floodproofed or elevated to at least the base flood level plus 1 foot of freeboard,or greater,if required by FEMA,or if required by any State,Tribal,or local ordinance,and in accordance with criteria established by the FEMA Administrator. c.Disaster Assistance and Flood Insurance. No Federal entity or source may provide disaster assistance for any purpose with respect to the Property,nor may any application for such assistance be made to any Federal entity or source. The Property is not eligible for coverage under the NFIP for damage to structures on the property occurring after the date of the property settlement,except for pre-existing structures being relocated off the property as a result of the project. d.Transfer.The Grantee, including successors in interest,shall convey any interest in the Property only if the FEMA Regional Administrator,through the State,gives prior written approval of the transferee in accordance with this paragraph. i.The request by the Grantee,through the State,to the FEMA Regional Administrator must include a signed statement from the proposed transferee that it acknowledges and agrees to be bound by the terms of this section,and documentation of its status as a qualified conservation organization if applicable. ii.The Grantee may convey a property interest only to a public entity or to a qualified conservation organization. However, the Grantee may convey an easement or lease to a private individual or entity for purposes compatible with the uses described in paragraph(a),of this section,with the prior approval of the FEMA Regional Administrator,and so long as the conveyance does not include authority to control and enforce the terms and conditions of this section. iii. If title to the Property is transferred to a public entity other than one with a conservation mission, it must be conveyed subject to a conservation easement that shall be recorded with the deed and shall incorporate all terms and conditions set forth in this section, including the easement holder's responsibility to enforce the easement. This shall be accomplished by one of the following means: a)The Grantee shall convey, in accordance with this paragraph,a conservation easement to an entity other than the title holder,which shall be recorded with the deed,or b)At the time of title transfer,the Grantee shall retain such conservation easement,and record it with the deed. iv. Conveyance of any property interest must reference and incorporate the original deed restrictions providing notice of the conditions in this section and must incorporate a provision for the property interest to revert to the State,Tribe,or local government in the event that the transferee ceases to exist or loses its eligible status under this section. 2. Inspection. FEMA, its representatives and assigns including the state or tribe shall have the right to enter upon the Property,at reasonable times and with reasonable notice,for the purpose of inspecting the Property to ensure compliance with the terms of this part,the Property conveyance and of the grant award. 3. Monitoring and Reporting. Every three years,the Grantee(mitigation grant program subgrantee),in coordination with any current successor in interest,shall submit through the State to the FEMA Regional Administrator a report certifying that the Grantee has inspected the Property within the month preceding the report,and that the Property continues to be maintained consistent with the provisions of 44 C.F.R.Part 80,the property conveyance,and the grant award. 4.Enforcement.The Grantee(mitigation grant program subgrantee),the State, FEMA,and their respective representatives,successors and assigns,are responsible for taking measures to bring the Property back into compliance if the Property is not maintained according to the terms of 44 C.F.R. Part 80,the property conveyance,and the grant award. The relative rights and responsibilities of FEMA,the State, the Grantee,and subsequent holders of the property interest at the time of enforcement,shall include the following: a.The State will notify the Grantee and any current holder of the property interest in writing and advise them that they have 60 days to correct the violation. i. If the Grantee or any current holder of the property interest fails to demonstrate a good faith effort to come into compliance with the terms of the grant within the 60-day period,the State shall enforce the terms of the grant by taking any measures it deems appropriate,including but not limited to bringing an action at law or in equity in a court of competent jurisdiction. ii.FEMA, its representatives,and assignees may enforce the terms of the grant by taking any measures it deems appropriate, including but not limited to 1 or more of the following: a)Withholding FEMA mitigation awards or assistance from the State or Tribe,and Grantee; and current holder of the property interest. b)Requiring transfer of title.The Grantee or the current holder of the property interest shall bear the costs of bringing the Property back into compliance with the terms of the grant; or c)Bringing an action at law or in equity in a court of competent jurisdiction against any or all of the following parties:the State,the Tribe,the local community,and their respective successors 5.Amendment.This agreement may be amended upon signatures of FEMA,the state,and the Grantee only to the extent that such amendment does not affect the fundamental and statutory purposes underlying the agreement. 6. Severability. Should any provision of this grant or the application thereof to any person or circumstance be found to be invalid or unenforceable,the rest and remainder of the provisions of this grant and their application shall not be affected and shall remain valid and enforceable. GRANTOR(S): Charles L Russo )(46,,LA k,u4.60-2 Deborah G Russo GRANTEE: orad Kabir', City Manager City of Friendswood,Texas FILED AND RECORDED Instrument Number: 2020041248 Recording Fee: 50.00 Number Of Pages:8 Filing and Recording Date: 07/14/2020 1:40PM I hereby certify that this instrument was FILED on the date and time stamped hereon and RECORDED in the OFFICIAL PUBLIC RECORDS of Galveston County, Texas. raw t 04.,.,‘,,.a 1�pvU4. 4\�*`k \,\` 4) 4,0 \„r.,,,v41, . .:. \s ,::01.41 ‘ c,\4‘A6ve.,‘„i,s , 4 '� �^ � Dwight D. ui n, o ttnt c:lei k\x.� C . •' .,� �o �LIC £ �DO NOT DESTROY - Warning, this document is part of the Official Public Record. GENERAL WARRANTY DEED NOTICE OF CONFIDENTIALITY.RIGHTS: 'IF.YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY, INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER;S LICENSE NUMBER. THE'S'.fATE:OFTEXAS § § COUNTY OF Galveston§ KNOW ALL MEN BY THESE PRESENTS: THAT, .Charles L Russo·and Deborah G Russo�reinafter known as Grantor (\Vhether. one or inore), of the City of h"i�, State of )J}Jl(j) ,. for and in"' consideration of the sum of Five Hundred Ninety Thousanci Six iiundrcd Twenty and 35/100 D_ollars($599,620.35) to Grantor paid by the City of Friendswood, Texas, the receipt and sufficiencr of which i� hereby acknov;ledged, has ·granted, sold and conveyed, and by these presents does grant,.sell and convey unto the said City of Friendswood, Texas, hereinafter known as City, its successors and assigns, the following described property situated in the.City of Friendswood,' Texas. SOlW Castlewood Ave, Friendswood, TX 77546 Part of Lot One (1), Block l?iye (5), Friendswood. Subdivision, a subdivision in Galveston County, Texas, according to the map or plat recorded in Volume 238, Page 14 and transferred to Plat Record 7, Map No. 20 fa the Office of the County Clerk of Galveston County, Texas and being more particularly described by metes and bounds as follows: . . . .BEGINNING at an iron rod in the Northeast line of said. Lo( One (1), Block Five (5), and being South 45 deg •. 00 min. 00 sec. East a distance of 20.00 feet from the North corner of said Lot One (1); THENCE South 45 deg; 00 min�00 sec. East along the Northeast line of said Lot One (1), a distance of 640.00 feet to an iron rod marking the East corner of said Lot One (1); THENCE South 45 deg. 00.niin. 00 sec. Westalong the Southeast line of said Lot One (1) a distance of 172.00 feet to the center Line of Coward's Creek; THENCE upstream. along the center line of Coward's Creek as follows: South 76 degrees 20 minutes ·07 seconds West 106.25 feet North:69 degree� 02 minutes 02 seconds·West40.38 feet .1 -------------------------------------------------------------------------- North 26 degrees 15 minutes 11 seconds West 86.27 feet North 31 degrees 57 minutes 47 seconds West 38.65 feet North 38 degrees 34 minutes 10 seconds East 68.30 feet North 11 degrees 48 minutes 09 seconds West 19.17 feet North 55 degrees 01 minutes 20 seconds West 59.48 feet North 23 degrees 23 minutes 51 seconds West 48.80 feet North 76 degrees 01 minutes 17 seconds West 113.14 feet North 62 degrees 17 minutes 01 seconds West 138.66 feet South 87 degrees 12 minutes 29 seconds West 32.03 feet THENCE North 45 deg.00 min.00 sec.West 50.00 feet to an iron rod in the Southeast right-of-way line of Castlewood Drive; THENCE North 45 deg.00 min. 00 sec.East 280.00 feet to the Place of Beginning and containing 3.3 acres of land, more or less. The above described property conveyed shall include all right, title and interest, if any, of Grantor in and to, (1) any land lying in a street, road, tollway, accessway or easement(including any drainage or flood control easement) open or proposed, in front of, at the side of, adjoining,or within the above described property, (2) the bed and banks of any bayou, stream, canal or ditch adjoining or adjacent to the above described property, (3) all reversionary rights attributable to the above described property, and (4) all rights of ingress and egress to the above described property by way of open or dedicated roads and streets adjoining the property. This conveyance is made by Grantor and accepted by the City subject to all valid and subsisting encumbrances, conditions, covenants, restrictions, reservations, exceptions, rights-of-way and easements appearing of record in the Official Public Records of Real Property of Galveston County, Texas, relative to the above described property, but only to the extent the same are applicable to and enforceable against the City. This conveyance is further made subject to the restrictions and conditions contained in Exhibit"A"attached hereto and made part hereof. TO HAVE AND TO HOLD the above described premises, together with all and singular the rights arid appurtenances thereto 'in anywise belon•ging unto the said CifyJts. successors and assignsi forever, and Grantor does hereby bind himself, his, herself, her itself, its .themselves, their, heirs, executors and administrators, its successors and assigns to Warrant and Forever Defend all an.d _singular the said premises unto the said City,. its successors and assigns, against every person whomsoever 'lawfully claiming, or to claim the same, or any part t_hereof, subject to the reservations from and.excepdons'to warranty and conveyance described above� EXECUTED on July l.Y_, 2020.Grantor's Address: GRANTOR: 1001 Qce-en bno.,-Ave­r (I �n els wo�J.., Tc./. -z I 52-I-<,xd�ot� Charles. 1:Russo Grantee's Address: 91o·s. Friendswood Dr;: � /4. 12� Friendswood, 'TX 77546 Deborah G Russo .ACKNOWLED.GMENT THE:STATE OF TEXAS § .§ CQUNTYOF GALVESTON § This instrument was acknowledged before . m Deborah G Russo. ... 8 BOMAN NOTARY ID 11088519-8 M; Commission Expires June 1 o, 2021 RECORDED BY SOUTH LAND TITLE LLC GF# BOFW2001175 2020; by Charles L Russo arid . Exhibit A In reference to the property or properties ("Property") conveyed by the Deed between Charles L Russo and Deborah G Russo participating in the federally-assisted acquisition project ("the Grantor'') and the City of Friendswood, Texas, ("the Grantee"), its successors and assigns: WHEREAS, The Robert T. Stafford Diaster Relief and Emergency Assistance Act, ("The Stafford Act"), 42 U.S.C. § 5121 et seq., identifies the use of disaster relief funds under§ S 110c, Hazard Mitigation Grant Program, including the acquisition and demolition of structures in the floodplain; WHEREAS, the mitigation grant program provides a process for a local government, through the State, to apply for federal funds for mitigation assistance to acquire interests in property, including the purchase of structures in the floodplain, to demolish and/or remove the structures, and to maintain the use of the Property as open space in perpetuity; Whereas, the State has applied for and been awarded such funding from the Department of Homeland Security, Federal Emergency Management Agency and has entered into a mitigation grant program Grant Agreement with FEMA for DR 4332, herein in corporated by reference; making it a mitigation grant program grantee. Whereas, the Property is located in the City ofFriendswood, and the City of Friendswood participates in the National Flood Insurance Program and is in good standing with NFIP as of the date of the Deed; Whereas, the City ofFriendswoodhas applied for and been awarded federal funds pursuant to an agreement with the State for DR 4332 ("State-Local Agreement"), and herein incorporated by reference, making it a mitigation grant program subgrantee; WHEREAS, the terms of the mitigation grant program statutory authorities, Federal program requirements consistent with 44 C.F.R. Part 80, the Grant Agreement, and the State-local Agreement require that the Grantee agree to conditions that restrict the use of the land to open space in perpetuity in order to protect and preserve natural floodplain values; Now, therefore, the grant is made subject to the following terms and conditions: l.Tenns. Pursuant to the tenns of the HMGP program statutory authorities, Federal programrequirements consistent with 44 C.F.R. Part 80, the Grant Agreement, and the State-local Agreement,the following conditions and restrictions shall apply in perpetuity to the Property described in theattached deed and acquired by the Grantee pursuant to FEMA program requirements concerning theacquisition of property for open space: a.Compatible uses. The Property shall be dedicated and maintained in perpetuity as open space for the conservation of natural floodplain functions. Such uses may include: parks for outdoor recreational activities; wetlands management; nature reserves; cultivation; grazing; camping (except where adequate warning time is not available to allow evacuation); unimproved, unpaved parking lots; buffer zones; and other uses consistent with FEMA guidance for open space acquisition, Hazard Mitigation Assistance, Requirements for Property Acquisition and Relocation for Open Space, b.Structures. No new structures or improvements shall be erected on the Property other than: i.A public facility that is open on all sides and functionally related to a designated open space or recreational use; ii.A public rest room; or iii.A structure that is compatible with open space and conserves the natural function of thefloodplain, including the uses described in Paragraph I .a., above, and approved by the FEMA Administrator in writing before construction of the structure begins. Any improvements on the Property shall be in accordance with proper floodplain management policies and practices. Structures built on the Property according to paragraph b. of this section shall be floodproofed or elevated to at least the base flood level plus 1 foot offreeboard, or greater, if required by FEMA, or if required by any State, Tribal, or local ordinance, and in accordance with criteria established by the FEMA Administrator. c.Disaster Assistance and Flood Insurance. No Federal entity or source may provide disaster assistance for any purpose with respect to the Property, nor may any application for such assistance be made to any Federal entity or source. The Property is not eligible for coverage under the NFIP for damage to structures on the property occurring after the date of the property settlement, except for pre-existing structures being relocated off the property as a result of the project. d.Transfer. The Grantee, including successors in interest, shall convey any interest in the Property only if the FEMA Regional Administrator, through the State, gives prior written approval of the transferee in accordance with this paragraph. i.The request by the Grantee, through the State, to the FEMA Regional Administrator must include a signed statement from the proposed transferee that it acknowledges and agrees to be bound by the terms of this section, and documentation of its status as a qualified conservation organization if applicable. ii.The Grantee may convey a property interest only to a public entity or to a qualified conservation organization. However, the Grantee may convey an easement or lease to a private individual or entity for purposes compatible with the uses described in paragraph (a), of this section, with the prior approval of the FEMA Regional Administrator, and so long as the conveyance does not include authority to control and enforce the terms and conditions of this section. iii.If title to the Property is transferred to a public entity other than one with a conservation mission, it must be conveyed subject to a conservation easement that shall be recorded with the deed and shall incorporate all tenns and conditions set forth in this section, including the easement holder's responsibility to enforce the easement. This shall be accomplished by one of the following means: a)The Grantee shall convey, in accordance with this paragraph, a conservation easement to an entity other than the title holder, which shall be recorded with the deed, or b)At the time of title transfer, the Grantee shall retain such conservation easement, and record it with the deed. iv.Conveyance of any property interest must reference and incorporate the original deed restrictions providing notice of the conditions in this section and must incorporate a provision for the property interest to revert to the State, Tribe, or local government in the event that the transferee ceases to exist or loses its eligible status under this section. 2.Inspection. FEMA, its representatives and assigns including the state or tribe shall have the right to enter upon the Property, at reasonable times and with reasonable notice, for the purpose of inspecting the Property to ensure compliance with the terms of this part, the Property conveyance and of the grant award. 3.Monitoring and Reporting. Every three years, the Grantee (mitigation grant program subgrantee), in coordination with any current successor in interest, shall submit through the State to the FEMA Regional Administrator a report certifying that the Grantee has inspected the Property within the month preceding the report, and that the Property continues to be maintained consistent with the provisions of 44 C.F .R. Part 80, the property conveyance, and the grant award. 4.Enforcement. The Grantee (mitigation grant program subgrantee), the State, FEMA, and their respective representatives, successors and assigns, are responsible for talcing measures to bring the Property back into compliance if the Property is not maintained according to the terms of 44 C.F.R. Part 80, the property conveyance, and the grant award. The relative rights and responsibilities of FEMA, the State, the Grantee, and subsequent holders of the property interest at the time of enforcement, shall include the following: a.The State will notify the Grantee and any current holder of the property interest in writing and advise them that they have 60 days to correct the violation. i.If the Grantee or any current holder of the property interest fails to demonstrate a good faith effort to come into compliance with the terms of the grant within the 60-day period, the State shall enforce the terms of the grant by talcing any measures it deems appropriate, including but not limited to bringing an action at law or in equity in a court of competent jurisdiction. ii.FEMA, its representatives, and assignees may enforce the terms of the grant by taking any measures it deems appropriate, including but not limited to 1 or more of the following: a) Withholding FEMA mitigation awards or assistance from the State or Tribe, and Grantee; and current holder of the property interest. b)Requiring transfer of title. The Grantee or the current holder of the property interest shall bear the costs of bringing the Property back into compliance with the terms of the grant; or c)Bringing an action at law or in equity in a court of competent jurisdiction against any or all of the following parties: the State, the Tribe, the local community, and their respective successors 5.Amendment. This agreement may be amended upon signatures ofFEMA, the state, and the Grantee only to the extent that such amendment does not affect the fundamental and statutory purposes underlying the agreement. 6.Severability. Should any provision of this grant or the application thereof to any person or circumstance be found to be invalid or unenforceable, the rest and remainder of the provisions of this grant and.their applicat_ion·shall not be affected and sha:11 remain valid and enforceable. FILED AND RECORDED Instrument Number: 2020041248 Recording Fee: 50.00 Number Of Pages:8 Filing and Recording Date: 07/14/2020 1:40PM I hereby certify that this instrument was FILED on the date and time stamped hereon and RECORDED in the OFFICIAL PUBLIC RECORDS of Galveston County, Texas. �'. :: .·' . -� � . D\-vight D .. Sullivan;,,County Cl�rk· GaJves-h.)n Coufrty; T{;}Xas DO NOT DESTROY -Warning, this document is part of the Official Public Record. JSWA,Inc. Mi"tiga"tion and Buyout Consultants FOBox-11:156 Leesburg, VA £017·7 ('M:? 5410-668-694<5 (F} 866-635-658£ Jswa1@outlook.com DATE: July\ y 2020 ADDRESS: 301 W Castlewood Ave OWNER NAME: Charles L Russo and Deborah G Russo I/We, Charles L Russo and Deborah G Russo, understand that it is my/our responsibility as owner(s) of the above property to have all utilities turned off within 7 days of the date of closing. K,4£,ct�Char es L usso �-1 L{ / 9l)dl) Date -IL�aJljlJ� Deborah G RUSSO f-'1--t 4 r 'Z)l) ';W Date GENERAL WARRANTY DEED NOTICE OF CONFIDENTIALITY.RIGHTS: 'JFYOU ARE A NATURAL PERSON, YOU MAY REMOVE.OR STRIKE.ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY: INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FlLED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. THE'STATE OF TEXAS :§ § COUNTY OF Galyeston§ KNOW-ALL MEN BY THESE PRESENTS: THAT, .Charles L Russo and Deborah G Russ.o�reinafter known as Grantor (Vlhether one or more), of the City of Fri� State of lJAtul> _;· for and in consideration of the sum of ·Five Hundred Ninety Thousand Six iiundred Twenty and 35/100 D_ollars($590,620.35) to Grantor pa1d by the City of Friendswood, Texas, the receipt and sufficiency of which is hereby admo\'/ledged, has·granted, sold and conveyed, and by·these presents does grnnt,:sell and convey unto. the said City of Friendswood, Texas, hereinafter known as City, its successors ·and assigns, the following described property situated in the .City of Friendswood; Texas. '301W Castle"1ood Ave, Friendswood, TX 77546 Part of Lot One (1), Block Jriye (5), Friends.wood . Subdivision, .a subdivision in Galveston County, Texas, acco.rding to the map or plat recorded in Volume 238, Page 14 and transferred to Plat Record 7, Map No. 20:in the Office of the County Clerk of Galveston County, Texas and being more particularly described by metes and bounds as follows: .BEGINNING at an iron rod in the Northeast line of said. Lo( One (1), Block Five (5), and being South 45 deg. 00 min. 00 sec. East a distance of 20.00 feet from the North corner of said Lot One (1); THENCE South 45 deg; 00 min�00 sec. East along the Northeast line of said Lot One (1), a distance of 640.00 feet to an iron rod ·marking the East corner of said Lot One (1); THENCE South 45 deg. 00,niin. 00 sec. Westalong the Southeast line of said Lot One (1) a distance of 172.00 feet to tile center Linc of Coward's Creek; THENCE upstream. along the center line of Coward's Creek as follows: South 76 degrees 20 minutes ·07 seconds West 106.25 feet North.69 degrees 02 minutes Q2 seconds West 40.38 feet .1 North 26 degrees 15 minutes 11 seconds West 86.27 feet North 31 degrees 57 minutes 47 seconds West 38.65 feet North 38 degrees 34 minutes 10 seconds East 68.30 feet North 11 degrees 48 minutes 09 seconds West 19.17 feet North 55 degrees 01 minutes 20 seconds West 59.48 feet North 23 degrees 23 minutes 51 seconds West 48.80 feet North 76 degrees 01 minutes 17 seconds West 113.14 feet North 62 degrees 17 minutes 01 seconds West 138.66 feet South 87 degrees 12 minutes 29 seconds West 32.03 feet THENCE North 45 deg.00 min.00 sec.West 50.00 feet to an iron rod in the Southeast right-of-way Iine of Castlewood Drive; THENCE North 45 deg.00 min. 00 sec. East 280.00 feet to the Place of Beginning and containing 3.3 acres of land,more or less. The above described property conveyed shall include all right, title and interest, if any,of Grantor in and to, (1) any land lying in a street, road, tollway, accessway or easement (including any drainage or flood control easement) open or proposed, in front of, at the side of, adjoining,or within the above described property, (2) the bed and banks of any bayou, stream, canal or ditch adjoining or adjacent to the above described property, (3) all reversionary rights attributable to the above described property, and (4) all rights of ingress and egress to the above described property by way of open or dedicated roads and streets adjoining the property. This conveyance is made by Grantor and accepted by the City subject to all valid and subsisting encumbrances, conditions, covenants, restrictions, reservations, exceptions, rights-of-way and easements appearing of record in the Official Public Records of Real Property of Galveston County, Texas, relative to the above described property, but only to the extent the same are applicable to and enforceable against the City.This conveyance is further made subject to the restrictions and conditions contained in Exhibit"A"attached hereto and made part hereof. TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging unto the said City;,its. successors and assigns, forever, and Grantor does hereby bind himself, liis, herself, her itself, its themselves, their, heirs, executors and administrators, its· successors and assigns to Warrant and Forever . Defend. all �d singular the said premjses. unto. the said City,.its successors and assigns., against every person whomsoever · lawfully claiming, or to claim the same, or any part thereof, subject to the reservations .from.and.exceptfons'to warranty and conveyance described above� EXECUTED on Juiy l.Y_, 2020. Grantor's Address: GRANTOR: 1001 fJre,,a bno.,,. Ave­ r:n�nclswa<Jd.., TV: -z19-J-<, x-ddot�Charles. L Russo Grantee's' Address: 91o·s. Friendswood Dr;: � /4. /2� Friendswood, ·TX 77546 n·eborah G Russo .ACKNOWLEDCMENT THE STATE OF TEXAS § .§ CQUNTYOF GALVESTON § This instruinent was acknowledged before . m Deborah G Russo. ._, 8 SOMAN . NOTARY ID 110BS51g.a Mt Commission Expires June··10, 2021 RECORDED BY SOUTH LAND TITLE LLC GF # BOFW2001 l 75 2020; by Charles L Russo arid. Exhibit A In reference to the property or properties ("Property") conveyed by the Deed between Charles L Russo and Deborah G Russo participating in the federally-assisted acquisition project ("the Grantor") and the City of Friendswood, Texas, ("the Grantee"), its successors and assigns: WHEREAS, The Robert T. Stafford Diaster Relief and Emergency Assistance Act, ("The Stafford Act"), 42 U.S.C. § 5121 et seq., identifies the use of disaster relief funds under§ 5170c, Hazard Mitigation Grant Program, including the acquisition and demolition of structures in the floodplain; WHEREAS, the mitigation grant program provides a process for a local government, through the State, to apply for federal funds for mitigation assistance to acquire interests in property, including the purchase of structures in the floodplain, to demolish and/or remove the structures, and to maintain the use of the Property as open space in perpetuity; Whereas, the State has applied for and been awarded such funding from the Department of Homeland Security, Federal Emergency Management Agency and has entered into a mitigation grant program Grant Agreement with FEMA for DR 4332, herein incorporated by reference; making it a mitigation grant program grantee. Whereas, the Property is located in the City of Friendswood, and the City of Friendswood participates in the National Flood insurance Program and is in good standing with NFIP as of the date of the Deed; Whereas, the City ofFriendswoodhas applied for and been awarded federal funds pursuant to an agreement with the State for DR 4332 ("State-Local Agreement"), and herein incorporated by reference, making it a mitigation grant program subgrantee; WHEREAS, the terms of the mitigation grant program statutory authorities, Federal program requirements consistent with 44 C.F.R. Part 80, the Grant Agreement, and the State-local Agreement require that the Grantee agree to conditions that restrict the use of the land to open space in perpetuity in order to protect and preserve natural floodplain values; Now, therefore, the grant is made subject to the following terms and conditions: 1.Terms. Pursuant to the terms of the HMGP program statutory authorities, Federal programrequirements consistent with 44 C.F.R. Part 80, the Grant Agreement, and the State-local Agreement,the following conditions and restrictions shall apply in perpetuity to the Property described in theattached deed and acquired by the Grantee pursuant to FEMA program requirements concerning theacquisition of property for open space:a.Compatible uses. The Property shall be dedicated and maintained in perpetuity as open spac e forthe conservation of natural floodplain fu nctions. Such uses may include: parks for outdoor recreational activities; wetlands management; nature reserves; cultivation; grazing; camping (except where adequate warning time is not available to allow evacuation); unimproved, unpaved parking lots; buffer zones; and other uses consistent with FEMA guidance for open space acquisition, Hazard Mitigation Assistance, Requirements for Property Acquisition and Relocation for Op en Space. b.Structures. No new structures or improvements shall be erected on the Property other than: i.A public facility that is open on all sides and functionally related to a designated open space or recreational use; ii.A public rest room; or iii.A structure that is compatible with open space and conserves the natural function of thefloodplain, including the uses described in Paragraph I .a., above, and approved by the FEMA Administrator in writing before construction of the structure begins. Any improvements on the Property shall be in accordance with proper floodplain management policies and practices. Structures built on the Property according to paragraph b. of this section shall be floodproofed or elevated to at least the base flood level plus I foot offreeboard, or greater, if required by FEMA, or if required by any State, Tribal, or local ordinance, and in accordance with criteria established by the FEMA Administrator. c.Disaster Assistance and Flood Insurance. No Federal entity or source may provide disaster assistance for any purpose with respect to the Property, nor may any application for such assistance be made to any Federal entity or source. The Property is not eligible for coverage under the NFIP for damage to structures on the property occurring after the date of the property settlement, except for pre-existing structures being relocated off the property as a result of the project. d.Transfer. The Grantee, including successors in interest, shall convey any interest in the Property only if the FEMA Regional Administrator, through the State, gives prior written approval of the transferee in accordance with this paragraph. i.The request by the Grantee, through the State, to the FEMA Regional Administrator must include a signed statement from the proposed transferee that it acknowledges and agrees to be bound by the tenns of this section, and documentation of its status as a qualified conservation organization if applicable. ii.The Grantee may convey a property interest only to a public entity or to a qualified conservation organization. However, the Grantee may convey an easement or lease to a private individual or entity for purposes compatible with the uses described in paragraph (a), of this section, with the prior approval of the FEMA Regional Administrator, and so long as the conveyance does not include authority to control and enforce the terms and conditions of this section. iii.If title to the Property is transferred to a public entity other than one with a conservation mission, it must be conveyed subject to a conservation easement that shall be recorded with the deed and shall incorporate all tenns and conditions set forth in this section, including the easement holder's responsibility to enforce the easement. This shall be accomplished by one of the following means: a)The Grantee shall convey, in accordance with this paragraph, a conservation easement to an entity other than the title holder, which shall be recorded with the deed, or b}At the time of title transfer, the Grantee shall retain such conservation easement, and record it with the deed. iv.Conveyance of any property interest must reference and incorporate the original deed restrictions providing notice of the conditions in this section and must incorporate a provision for the property interest to revert to the State, Tribe, or local government in the event that the transferee ceases to exist or loses its eligible status under this section. 2.Inspection. FEMA, its representatives and assigns including the state or tribe shall have the right to enter upon the Property, at reasonable times and with reasonable notice, for the purpose of inspecting the Property to ensure compliance with the terms of this part, the Property conveyance and of the grant award. 3.Monitoring and Reporting. Every three years, the Grantee (mitigation grant program subgrantee), in coordination with any current successor in interest, shall submit through the State to the FEMA Regional Administrator a report certifying that the Grantee has inspected the Property within the month preceding the report, and that the Property continues to be maintained consistent with the provisions of 44 C.F.R. Part 80, the property conveyance, and the grant award. 4. Enforcement. The Grantee (mitigation grant program subgrantee), the State, FEMA, and their respective representatives, successors and assigns, are responsible for taking measures to bring the Property back into compliance if the Property is not maintained according to the terms of 44 C.F.R. Part 80, the property conveyance, and the grant award. The relative rights and responsibilities of FEMA, the State, the Grantee, and subsequent holders of the property interest at the time of enforcement, shall include the following: a.The State will notify the Grantee and any current holder of the property interest in writing and advise them that they have 60 days to correct the violation. i.lf the Grantee or any current holder of the property interest fails to demonstrate a good faith effort to come into compliance with the terms of the grant within the 60-day period, the State shall enforce the terms of the grant by taking any measures it deems appropriate, including but not limited to bringing an action at law or in equity in a court of competent jurisdiction. ii.FEMA, its representatives, and assignees may enforce the tenns of the grant by taking any measures it deems appropriate, including but not limited to l or more of the following: a)Withholding FEMA mitigation awards or assistance from the State or Tribe, and Grantee; and current holder of the property interest. b) Requiring transfer of title. The Grantee or the current holder of the property interest shall bear the costs of bringing the Property back into compliance with the terms of the grant; or c)Bringing an action at law or in equity in a court of competent jurisdiction against any or all of the following parties: the State, the Tribe, the local community, and their respective successors 5.Amendment. This agreement may be amended upon signatures ofFEMA, the state, and the Grantee only to the extent that such amendment does not affect the fundamental and statutory purposes underlying the agreement. 6.Severability. Should any provision of this grant or the application thereof to any person or circumstance be found to be invalid or unenforceable, the rest and remainder of the provisions of this grant and their applicatio1i' shall not be affected and shall remain valid ·and enforceable. GRANTOR(S): x.�c/_� Charles L: Russo i�d �-£� Deborah. G Russo GRANTE�: FILED AND RECORDED Instrument Number: 2020041248 Recording Fee: 50.00 Number Of Pages:8 Filing and Recording Date: 07/14/2020 1:40PM I hereby certify that this instrument was FILED on the date and time stamped hereon and RECORDED in the OFFICIAL PUBLIC RECORDS of Galveston County, Texas. �' i ·.·. . � .· . Dwight D. Su1Iiva11,; Ci)in1li (]erk G,'ilvestonCounty.� Tt�xas DO NOT DESTROY -Warning, this document is part of the Official Public Record. 7/15/2020 City of Friendswood, Texas 910 S. Friendswood Drive Friendswood, TX 77546 RE: GF Number: BOFW2001 l 75 SOUT!_� _.=TITLE;;.. a TEXAN*l'rrLE COMPANY Seller: Charles L Russo and Deborah G Russo Buyer/Borrower: City of Friendswood, Texas Property: 301 W Castlewood Ave Friendswood,TX 77546 Closer Name: Shebette Boman Dear Policyholder, In connection with the above transaction, we enclose your Owner Policy of Title Insurance. Please retain this document in a safe place. Your deed has been filed for record in the County Clerk's office. It has been a pleasure to serve you. Please keep us in mind in the future if you decide to sell or refinance your property, as we can process your transaction quickly. Remember to file for your homestead exemption with the central appraisal district, if applicable. Should you have any questions or if we can be of further assistance, please do not hesitate to contact us. Sincerely, Irene A. Lozano Policy Department /sc 192 Gulf Freeway S.Suite C-2, League City, Texas 77573•(281)338-2225•Fax (281)338-2205 SOUTH LAND TITLE, LLC PRIVACY POLICY PURPOSE OF THIS NOTICE Title V of the Gramm-Leach-Bliley Act (GLBA) generally prohibits any financial institution, directly or through its affiliates, from sharing nonpublic personal information about you with a non-affiliated third party unless the institution provides you with a notice of its privacy policies and practices, such as the type of information that it collects about you and the categories of persons or entities to whom it may be disclosed. In compliance with the GLBA, we are providing you with this document, which notifies you of the privacy policies and practices of SOUTH LAND TITLE, LLC. We may collect nonpublic personal information about you from the following sources: •Information we receive from you, such as on applications or other forms•Information about your transactions we secure from our files, or from our affiliates or others•Information we receive from a consumer reporting agency•Information that we receive from others involved in your transaction, such as the real estate agent or lender Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal information will be collected about you. WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT OUR CUSTOMERS OR FORMER CUSTOMERS TO ANYONE, EXCEPT AS PERMITTED BY LAW. WE RESTRJCT ACCESS TO NONPUBLIC PERSONAL INFORMATION ABOUT YOU TO THOSE EMPLOYEES WHO NEED TO KNOW THAT INFORMATION TO PROVIDE THE PRODUCTS OR SERVICES REQUESTED BY YOU OR YOUR LENDER. WE MAINTAIN PHYSICAL, ELECTRONIC, AND PROCEDURAL SAFEGUARDS THAT COMPLY WITH APPROPRIATE FEDERAL AND STATE REGULATIONS. NO PERSON, ENTITY OR FIRM WHO IS NOT A PARTY TO YOUR CONTRACT IS PERMITTED TO RECEIVE ANY INFORMATION FROM THIS COMP ANY ON ANY MATTER RELATED TO YOUR CONTRACT. South Land Title, LLC 6710 Stewart Road Suite 200 Galveston, TX 77551 Agent for Texan Title Insurance Company DOYLE LAW FIRM, PLLC PRIVACY POLICY NOTICE PURPOSE OF TIDS NOTICE Title V of the Gramm-Leach-Bliley Act (GLBA) generally prohibits any financial institution, directly or through its affiliates, from sharing nonpublic personal information about you with a non-affiliated third party unless the institution provides you with a notice of its privacy policies and practices, such as the type of information that it collects about you and the categories of persons or entities to whom it may be disclosed. In compliance with the GLBA, we are providing you with this document, which notifies you of the privacy policies and practices of DOYLE LAW FIRM, PLLC .. We may collect nonpublic personal information about you from the following sources: •Information we receive from you, such as on applications or other forms•Information about your transactions we secure from our files, or from our affiliates or others•Information we receive from a consumer reporting agency•Information that we receive from others involved in your transaction, such as the real estate agent or lender Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal information will be collected about you. WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT OUR CUSTOMERS OR FORMER CUSTOMERS TO ANYONE, EXCEPT AS PERMITTED BY LAW. WE RESTRJCT ACCESS TO NONPUBLIC PERSONAL INFORMATION ABOUT YOU TO THOSE EMPLOYEES WHO NEED TO KNOW THAT INFORMATION TO PROVIDE THE PRODUCTS OR SERVICES REQUESTED BY YOU OR YOUR LENDER. WE MAINTAIN PHYSICAL, ELECTRONIC, AND PROCEDURAL SAFEGUARDS THAT COMPLY WITH APPROPRJATE FEDERAL AND STATE REGULATIONS. NO PERSON, ENTITY OR FIRM WHO IS NOT A PARTY TO YOUR CONTRACT IS PERMITTED TO RECEIVE ANY INFORMATION FROM THIS COMP ANY ON ANY MATTER RELATED TO YOUR CONTRACT. POLICY NO. Tl-1619-10000881 OWNER'S POLICY OF TITLE INSURANCE (T-1) ISSUED BY TEXAN TITLE INSURANCE COMPANY Any notice of claim and any other notice or statement in writing required to be given the Company under this Policy must be given to the Company at the address shown in Section 18 of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS, TEXAN TITLE INSURANCE COlvfP ANY, a Texas corporation (the "Company") insures, as of Date of Policy and, to the extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount oflnsurance, sustained or incurred by the Insured by reason of: 1.Title being vested other than as stated in Schedule A.2.Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from:(a)A defect in the Title caused by:(i)forgery, fraud, undue influence, duress, incompetency, incapacity or impersonation;(ii)failure of any person or Entity to have authorized a transfer or conveyance;(iii)a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized or delivered;(iv)failure to perform those acts necessary to create a document by electronic means authorized by law;(v)a document executed under a falsified, expired or otherwise invalid power of attorney;(vi)a document not properly filed, recorded or indexed in the Public Records including failure to perform those acts byelectronic means authorized by law; or(vii)a defective judicial or administrative proceeding.(b)The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid.(c)Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by anaccurate and complete land survey of the Land. The term "encroachment" includes encroachments of existing improvementslocated on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land.(d)Any statutory or constitutional mechanic's, contractor's, or materialman 's lien for labor or materials having its inception on orbefore Date of Policy.3.Lack of good and indefeasible Title.4. No right of access to and from the Land. For coverage information or assistance resolving a complaint, call (866) 55-TEXAN or visit www.tcxantitlc.com. To make a claim, furnish written notice in accordance with Section 3 of the Conditions. 5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting or relating to:(a)the occupancy, use or enjoyment of the Land;File No. BOfW2001175 Owner's Policy of Title Insurance (f-1) -Version 1/3/14 (b) the character, dimensions or location of any improvement erected on the Land; (c)subdivision ofland; or(d)environmental protectionif a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, butonly to the extent of the violation or enforcement referred to in that notice.6.An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of theenforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcementreferred to in that notice.7.The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the PublicRecords.8.Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge.9.Title being vested other than as stated in Schedule A or being defective:(a)as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of all or anypart of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because thatprior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency or similar creditors' rightslaws; or(b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state insolvency or similar creditors' rights laws by reason of the failure of its recording in the Public Records: (i) to be timely, or (ii)to impart notice of its existence to a purchaser for value or a judgment or lien creditor.10.Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created orattached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed orother instrument of transfer in the Public Records that vests Title as shown in Schedule A.The Company will also pay the costs, attorneys' fees and eiq,enses inc=ed in defense of any matter insured against by this Policy, but only to the extent provided in the Conditions. EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses that arise by reason of: I.(a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating,prohibiting or relating to: (i)the occupancy, use, or enjoyment of the Land;(ii)the character, dimensions or location of any improvement erected on the Land;(iii)subdivision ofland; or(iv)environmental protection;or the effect of any violation of these laws, ordinances or governmental regulations. This Exclusion l(a) does not modify or limitthe coverage provided under Covered Risk 5.(b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 6.2.Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.3.Defects, liens, encumbrances, adverse claims or other matters:(a)created, suffered, assumed or agreed to by the Insured Claimant;(b)not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and notdisclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under thispolicy;(c)resulting in no loss or damage to the Insured Claimant;(d)attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under CoveredRisk 9 and 10); or(e)resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title.4.Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transactionvesting the Title as shown in Schedule A, is:(a)a fraudulent conveyance or fraudulent transfer; or(b)a preferential transfer for any reason not stated in Covered Risk 9 of this policy.5.Any lien on the Title for real estate ta.xes or assessments imposed by governmental authority and created or attaching between Date ofPolicy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in ScheduleA.6.The refusal of any person to purchase, lease or lend money on the estate or interest covered hereby in the land described in ScheduleA because of Unmarketable Title.File No. BOFW2001175 Owner's Policy of Title Insurance (T-1) -Version 1/3/14 CONDITIONS 1.DEFINITION OF TERMS.The following terms when used in this policy mean: (a)"Amount oflnsurance": the amount stated in Schedule A, as may be increased or decreased by endorsement to this policy, increased by Section 8(b), or decreased by Sections 10 and 11 of these Conditions. (b) ''Date of Policy': The date designated as''Date of Policy' in Schedule A. (c)"Entity": A corporation, partnership, trust, limited liability company or other similar legal entity. (d)"Insured": the Insured named in Schedule A. (i)The term "Insured" also includes: (A)successors to the Title of the Insured by operation of law as distinguished from purchase, including heirs, devisees, survivors, personal representatives or next of kin; (B) successors to an Insured by dissolution, merger, consolidation, distribution or reorganization; (C)successors to an Insured by its conversion to another kind of Entity; (D)a grantee of an Insured under a deed delivered without payment of actual valuable consideration conveying the Title; (1)If the stock, shares, memberships, or other equity interests of the grantee are wholly-owned by the named Insured, (2 )If the grantee wholly owns the named Insured, (3)If the grantee is wholly-owned by an affiliated Entity of the named Insured, provided the affiliated Entity and the named Insured are both wholly-owned by the same person or Entity, or (4)If the grantee is a trustee or benefici ary of a trust created by a written instrument established by the Insured named in Schedule A for estate planning purposes. (ii)With regard to (A), (B), (C) and (D) reserving, however, all rights and defenses as to any successor that the Company would have had against any predecessor Insured. (e)"Insured Claimant": an Insured claiming loss or damage. (f)"Knowledge" or "Known": actual knowledge, not constructive knowledge or notice that may be imputed to an Insured by reason of the Public Records or any other records that impart constructive notice of matters affecting the Title. (g) "Land": the land described in Schedule A, and affi.,;:ed improvements that by law constitute real property. The term "Land" does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but this does not modify or limit the extent that a right of access to and from the Land is insured by this policy. (h) "Mortgage": mortgage, deed of trust, trust deed, or other security instrument, including one evidenced by electronic means authorized by law. (i) "Public Records": records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. With respect to Covered Risk 5( d), "Public Records" shall also include environmental protection liens filed in the records of the clerk of the United States District Court for the district where the Land is located. 0') "Title": the estate or interest described in Schedule A. (k) "Unmarketable Title'': Title affected by an alleged or apparent matter that would permit a prospective purchaser or lessee of the Title or lender on the Title to be released from the obligation to purchase, lease or lend if there is a contractual condition requiring the delivery of marketable title. 2.CONTINUATION OF INSURANCE.The coverage of this policy shall continue in force as of Date of Policy in favor of an Insured, but only so long as the Insured retains an estate or interest in the Land, or holds an obligation secured by a purchase money Mortgage given by a purchaser from the Insured, or only so long as the Insured shall have liability by reason of warranties in any transfer or conveyance of the Title. This policy shall not continue in force in favor of any purchaser from the Insured of either (i) an estate or interest in the Land, or (ii) an obligation secured by a purchase money Mortgage given to the Insured.3.NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT.The Insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section S(a) below, or (ii) in case Knowledge shall come to an Insured hereunder of any claim of title or interest that is adverse to the Title, as insured, and that might cause loss or damage for which the Company may be liable by virtue of this policy. If the Company is prejudiced by the failure of the Insured Claimant to provide prompt notice, the Company's liability to the Insured Claimant under the policy shall be reduced to the extent of the prejudice. \Xlhen, after the Date of the Policy, the Insured notifies the Company as required herein of a lien, encumbrance, adverse claim or other defect in Title insured by this poli cy that is not excluded or excepted from the coverage of this policy, the Company shall promptly investigate the charge to determine whether the lien, encumbrance, adverse claim or defect or other matter is valid and not barred by law or File No. BOFW2001175 Owner's Policy of Title Insurance (f-1) -Version 1/3/14 statute. The Company shall notify the Insured in writing, within a reasonable time, of its determination as to the validity or invalidity of the Insured's claim or charge under the policy. If the Company concludes that the lien, encumbrance, adverse claim or defect is not covered by this policy, or was otherwise addressed in the closing of the transaction in connection with which this policy was issued, the Company shall specifically advise the Insured of the reasons for its determination. If the Company concludes that the lien, encumbrance, adverse claim or defect is valid, the Company shall take one of the following actions: (i) institute the necessary proceedings to clear the lien, encumbrance, adverse claim or defect from the Title as insured; (ii) indemnify the Insured as provided in this policy; (iii) upon payment of appropriate premium and charges therefore,issue to the Insured Claimant or to a subsequent owner, mortgagee or holder of the estate or interest in the Land insured by this poli cy, a policy of title insurance without exception for the lien, encumbrance, adverse claim or defect, said policy to be in an amount equal to the current value of the Land or, if a loan policy, the amount of the loan; �v) indemnify another title insurance company in connection with its issuance of a policy(ies) of title insurance without exception for the lien, encumbrance, adverse claim or defect; (v) secure a release or other document discharging the lien, encumbrance, adverse claim or defect; or (vi) undertake a combination of (i)through (v) herein.4.PROOF OF LOSS.In the event the Company is unable to determine the amount of loss or damage, the Company may, at its option, require as a condition of payment that the Insured Claimant furnish a signed proof of loss. The proof of loss must describe the defect, lien, encumbrance or other matter insured against by this policy that constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage.5.DEFENSE AND PROSECUTION OF ACTIONS.(a) Upon written request by the Insured, and subject to the options contained in Sections 3 and 7 of these Conditions, the Company, at its own cost and without unreasonable delay, shall provide for the defense of an Insured in litigation in which any third party asserts a claim covered by this policy adverse to the Insured. This obligation is limited to only those stated causes of action alleging matters insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of the Insured to object for reasonable cause) to represent the Insured as to those stated causes of action. It shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs or expenses incurred by the Insured in the defense of those causes of action that allege matters not insured against by this policy. (b) The Company shall have the right, in addition to the options contained in Sections 3 and 7, at its own cost, to institute and prosecute any action or proceeding or to do any other act that in its opinion may be necessary or desirable to establish the Title, as insured, or to prevent or reduce loss or damage to the Insured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable to the Insured. The exercise of these rights shall not be an admission of liability or waiver of any provision of this policy. If the Company exercises its rights under this subsection, it must do so diligently. (c) Whenever the Company brings an action or asserts a defense as required or permitted by this policy, the Company may pursue the litigation to a final determination by a court of competent jurisdiction and it expressly reserves the right, in its sole discretion, to appeal from any adverse judgment or order. 6.DUTY OF INSURED CLAIMANT TO COOPERATE.(a) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding and any appeals, the Insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding,including the right to use, at its option, the name of the Insured for this purpose. Whenever requested by the Company, the Insured, at the Company's expense, shall give the Company all reasonable aid (i) in securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act that in the opinion of the Company may be necessary or desirable to establish the Title or any other matter as insured. If the Company is prejudiced by the failure of the Insured to furnish the required cooperation, the Company's obligations to the Insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. (b) The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized representative of the Company and to produce for examination,inspection and copying, at such reasonable times and places as may be designated by the authorized representative of the Company, all records, in whatever medium maintained,including books, ledgers, checks, memoranda, correspondence,reports, e-mails, disks, tapes, and videos whether bearing a date before or after Date of Policy, that reasonably pertain to the loss or damage. Further, if requested by any authorized representative of tl1e Company, the Insured Claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all of these records in the custody or control of a third party that reasonably pertain to the loss or damage. All information designated as confidential by the Insured Claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Insured Claimant to submit for examination under oath, produce any reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in this subsection, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this policy as to that claim.File No. BOFW2001175 Owner's Policy of Title Insurance (f-1) -Version 1/3/14 7.OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY.In case of a claim under this policy, the Company shall have the following additional options:(a)To Pay or Tender Payment of the .Amount of!nsurance.To pay or tender payment of the .Amount of Insurance under this policy together with any costs, attorneys' fees and expensesincurred by the Insured Claimant that were authorized by the Company up to the time of payment or tender of payment and thatthe Company is obligated to pay.Upon the exercise by the Company of this option, all liability and obligations of the Company to the Insured under this policy, other than to make the payment required in this subsection, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. (b)To Pay or Otherwise Settle with Parties Other than the Insured or With the Insured Claimant.(i) to pay or otherwise settle with other parties for or in the name of an Insured Claimant any claim insured against under this policy.In addition, the Company will pay any costs, attorneys' fees and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay; or (ii)to pay or otherwise settle with the Insured Claimant the loss or damage provided for under this policy, together with any costs,attorneys' fees and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment andthat the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in subsections (b )(i)or (ii), the Company's obligations to the Insured under this policy for the claimed loss or damage, other than the payments requiredto be made, shall terminate, including any liability or obligation to defend, prosecute or continue any litigation.8.DETERMINATION AND EXTENT OF LIABILITY.This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the Insured Claimant who hassuffered loss or damage by reason of matters insured against by this policy.(a)The extent of liability of the Company for loss or damage under this policy shall not exceed the lesser of:(i)the .Amount of!nsurance; or(ii)the difference between the value of the Title as insured and the value of the Title subject to the risk insured against by this policy.(b)If the Company pursues its rights under Section 3 or 5 and is unsuccessful in establishing the Title, as insured,(i)the .Amount of!nsurance shall be increased by 10%, and(ii)the Insured Claimant shall have the right to have the loss or damage determined either as of the date the claim was made by theInsured Claimant or as of the date it is settled and paid.(c)In addition to the extent of liability under (a) and (b), the Company will also pay those costs, attorneys' fees and expenses incurred inaccordance with Sections 5 and 7 of these Conditions.9.LIMITATION OF LIABILITY.(a)If the Company establishes the Title, or removes the alleged defect, lien or encumbrance, or cures the lack of a right of access to orfrom the Land, all as insured, or takes action in accordance with Section 3 or 7, in a reasonably diligent manner by any method,including litigation and the completion of any appeals, it shall have fully performed its obligations with respect to that matter and shallnot be liable for any loss or damage caused to the Insured.(b)In the event of any litigation,includinglitigation by the Company or with the Company's consent, the Company shall have no liabilityfor loss or damage until there has been a final determination by a court of competentjurisdiction,and disposition of all appeals, adverseto the Title, as insured.( c)The Company shall not be liable for loss or damage to the Insured for liability voluntarily assumed by the Insured in settling any claimor suit without the prior written consent of the Company.10.REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY..All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the .Amount of Insurance by theamount of the payment.11.LIABILITY NONCUMULATIVE.The .Amount of Insurance shall be reduced by any amount the Company pays under any policy insuring a Mortgage to which exception istaken in Schedule B or to which the Insured has agreed, assumed, or taken subject or which is executed by an Insured after Date of Policyand which is a charge or lien on the Title, and the amount so paid shall be deemed a payment to the Insured under this policy.12.PAYMENT OF LOSS.When liability and the extent of loss or damage have been definitely fixed in accordance with these Conditions, the payment shall be madewithin 30 days.13.RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT.(a)Whenever the Company shall have settled and paid a claim under this policy, it shall be subrogated and entitled to the rights of theInsured Claimant in the Title and all other rights and remedies in respect to the claim that the Insured Claimant has against any personor property, to the extent of the amount of any loss, costs, attorneys' fees and expenses paid by tl1e Company. If requested by the File No. BOFW2001175 Owner's Policy of Title Insurance (f-1) -Version 1/3/14 Company, the Insured Claimant shall execute documents to evidence the transfer to the Company of these rights and remedies. The Insured Claimant shall permit the Company to sue, compromise or settle in the name of the Insured Claimant and to use the name of the Insured Claimant in any transaction or litigation involving these rights and remedies. If a payment on account of a claim does not fully cover the loss of the Insured Claimant, the Company shall defer the exercise of its right to recover until after the Insured Claimant shall have recovered its loss. (b)The Company's right of subrogation includes the rights of the Insured to indemnities, guaranties, other policies of insurance or bonds,notwithstanding any terms or conditions contained in those instruments that address subrogation rights.14.ARBITRATION.Either the Company or the Insured may demand that the claim or controversy shall be submitted to arbitration pursuant to the TitleInsurance Arbitration Rules of the American Land Title Association (''Rules"). Except as provided in the Rules, there shall be no joinder orconsolidation with claims or controversies of other persons. Arbitrable matters may include, but are not limited to, any controversy or claimbetween the Company and the Insured arising out of or relating to this policy, any service in connection with its issuance or the breach of apolicy provision, or to any other controversy or claim arising out of the transaction giving rise to this policy. All arbitrable matters when theAmount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured, unless the Insured is anindividual person (as distinguished from an Entity). All arbitrable matters when the Amount of Insurance is in excess of $2,000,000 shall bearbitrated only when agreed to by both the Company and the Insured. Arbitration pursuant to this policy and under the Rules shall bebinding upon the parties. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court of competent jurisdiction.15.LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT.(a)1bis policy together with all endorsements,if any, attached to it by the Company is the entire policy and contract between the Insuredand the Company. In interpreting any provision of this policy, this policy shall be construed as a whole.(b)Any claim of loss or damage that arises out of the status of the Title or by any action asserting such claim, shall be restricted to thispolicy.(c)Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized person, or expresslyincorporated by Schedule A of this policy.(d)Each endorsement to this policy issued at any time is made a part of this policy and is subject to all of its terms and provisions. Exceptas the endorsement expressly states, it does not (1) modify any of the terms and provisions of the policy, (ii) modify any priorendorsement, (iii) extend the Date of Policy or (iv) increase the Amount of Insurance. Each Commitment, endorsement or other form,or provision in the Schedules to this policy that refers to a term defined in Section 1 of the Conditions shall be deemed to refer to theterm regardless of whether the term is capitalized in the Commitment, endorsement or other form, or Schedule. Each Commitment,endorsement or other form, or provision in the Schedules that refers to the Conditions and Stipulations shall be deemed to refer to theConditions of this policy.16.SEVERABILITY.In the event any provision of this poli cy, in whole or in part, is held invalid or unenforceable under applicable law, the policy shall bedeemed not to include that provision or such part held to be invalid and all other provisions shall remain in full force and effect.17.CHOICE OF LAW; FORUM.(a)Choice of Law: The Insured acknowledges the Company has underwritten the risks covered by this policy and determined thepremium chargedtherefor in reliance upon the law affecting interests in real property and applicable to the interpretation, rights,remedies or enforcement of policies of title insurance of the jurisdiction where the Land is located.Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity of claimsagainst the Title that are adverse to the Insured, and in interpretingand enforcing the terms of this policy. In neither case shall the courtor arbitrator apply its conflicts of laws principles to determine the applicable law.(b)Choice of Forum: Any litigation or other proceeding brought by the Insured against the Company must be filed only in a state orfederal court within the United States of America or its territories having appropriate jurisdiction.18.NOTICES, WHERE SENT.Any notice of claim and any other notice or statement in writing required to be given the Company under this Policy must be given to theCompany at 6710Stewart Road, Suite 300, Galveston, Texas 77551.File No. BOFW2001175 Owner's Poli cy of Title Insurance (f-1) -Version 1/3/14 form HUD-I (3/86) Handbook 4305.2 File No. BOFW2001 l 75 I have carefully reviewed the HUD-I 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 completed copy of pages I, 2 and 3 of this HUD-I Settlement Statement. HUD-1 Part of Lot One (1), Block Five (5), Friendswood Subdivision, a subdivision in Galveston County, Texas, according to the map or plat recorded in Volume 238, Page 14 and transferred to Plat Record 7 Map No. 20 in the Office of the County Clerk of Galveston County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at an iron rod in the Northeast line of said Lot One (1 ), Block Five (5), and being South 45 deg. 00 min. 00 sec. East a distance of 20.00 feet from the North corner of said Lot One (1); THENCE South 45 deg. 00 min.00 sec. East along the Northeast line of said Lot One (1 ), a distance of 640.00 feet to an iron rod marking the East corner of said Lot One (1 ); THENCE South 45 deg. 00 min. 00 sec. West along the Southeast line of said Lot One (1) a distance of 172.00 feet to the center Line of Coward's Creek; THENCE upstream along the center line of Coward's Creek as follows: South 76 degrees 20 minutes 07 seconds West 106.25 feet North 69 degrees 02 minutes 02 seconds West 40.38 feet North 26 degrees 15 minutes 11 seconds West 86.27 feet North 31 degrees 57 minutes 47 seconds West 38.65 feet North 38 degrees 34 minutes 10 seconds East 68.30 feet North 11 degrees 48 minutes 09 seconds West 19.17 feet North 55 degrees 01 minutes 20 seconds West 59.48 feet North 23 degrees 23 minutes 51 seconds West 48.80 feet North 76 degrees 01 minutes 17 seconds West 113.14 feet North 62 degrees 17 minutes 01 seconds West 138.66 feet South 87 degrees 12 minutes 29 seconds West 32.03 feet THENCE North 45 deg. 00 min. 00 sec. West 50.00 feet to an iron rod in the Southeast right-of-way line of Castlewood Drive; THENCE North 45 deg. 00 min. 00 sec. East 280.00 feet to the Place of Beginning and containing 3.3 acres of land, more or less. BEFORE ME, the undersigned authority, on this day personally appeared Charles L Russo and Deborah G Russo, Personally known to me to be the person (s) whose name is (are) subscribed hereto and upon his/ her /their oath deposes and says: The undersigned represent (s) to South Land Title, LLC, hereinafter the company, to his/ her /their best knowledge that, 1. -�2.-? 3. ___,) Except as noted below, there are no parties occupying, renting, leasing, residing or possessing the subject property or any portion thereof, nor is the undersigned aware of any parties claiming title to the subject property or any portion thereof by reason of adverse possession, except: VAG-A.N'T .. No unpaid debts for plumbing fixtures, water heaters, swimming pool, furnaces, air conditioners, radio or television antenna, carpeting, rugs, lawn, sprinkling systems, Venetian blinds, window shades, draperies, electric appliances, fences, street paving assessments, and or. any personal property or fixtures that are located on the subject property described above, and that no such items have been purchased on time payment contracts, and there are no security interests on such property secured by financing statements, security agreements, or otherwise except the following: Secured Party: ti b N G. Approximate Amount: ____ _ No Mortgage liens of any kind against such property except the following: Secured Party: f\( O rJ � Approximate Amount: ___ _ IT IS UNDERSTOOD BY THE UNDERSIGNED THAT THE PAYOFF AMOUNT (S)ON LOANS LISTED ABOVE IS/ARE IN ACCORDANCE WITHSTATEMENTS GIVEN BY THE LENDING INSTITUTIONS AND SHOULD THENOTE HOLDER REQUIRE ANY ADDITIONAL AMOUNT IN ORDER TORELEASE SAID INDEBTEDNESS THE UNDERSIGNED AGREES TO PAY THEADDITIONAL AMOUNT AND HOLD THE COMP ANY AND ITSUNDERWRITER HARMLESS FROM SUCH ADDITIONAL AMOUNT ANDANY OTHER LIEN INCLUDING AD V ALO REM TAXES NOT SPECIFICALLYREFERENCED ABOVE.That affiant owes no past due Federal or State taxes and that there are no delinquent Federal assessments presently existing against Affiant, and that no Federal or State Liens have been filed against Affiant. There are no Involuntary liens, federal tax liens, oil and gas liens and or home equity line of credit loans outstanding against said property or sellers. There are no delinquent State, County, City, School District, Water District or other governmental agency or homeowners association taxes or assessment of any kind due or owing against said property and that no tax suit has been filed by any State, County, City, School District, Water District or other governmental agency for taxes levied against said property. There are no liens of any kind or character or claims for paving outstanding against the property, and we have signed no petitions for the paving of the street or alley adjoining this property and know of no petitions being circulated for payment. All labor and material used in the construction of improvements, if any, on the above described property have been paid for. There are now no unpaid labor or material claims against the improvements or repairs, if any, or the property upon which same are situated, and the undersigned hereby declares that all sums of money due for the erection of improvements, or repairs if any, have been fully paid and satisfied, and there are no Mechanic's Liens or Materialmen's Liens against the hereinabove property. There are no proceedings in bankruptcy or receivership that have been instituted by, or against me/us, and I/we have never made an assignment for the benefit of Creditors. Further, the undersigned has claimed no exemptions relating to ad valorem taxes to which he/she/they/it are not entitled. The undersigned realizes that these representations are made to include the Company and its Underwriter to insure the title to subject property and tenants. UWE FURTHER STATE: This affidavit is made to South Land Title, LLC and Texan Title Insurance Company as an inducement to them to complete this transaction, and UWe realize that South Land Title, LLC and Texan Title Insurance Company are relying upon the representations contained herein; and the undersigned does hereby swear under the penalties of perjury that the foregoing information is true and correct in all respects. UWe further covenant and agree with South Land Title, LLC and Texan Title Insurance Company forever fully to protect, defend and save harmless South Land Title, LLC and Texan Title Insurance Company from and against all loss, costs, damages, and attorneys' fees and expenses of every kind and nature which it may suffer, expend or incur under or by reason, or in consequence of reliance upon the representations herein. EXECUTED on July\ 4 2020 SELLER'S SIGNATURE(S): ��� Charles L Russo 'i-, �o-h /4 � Deborah G Russo STATE OF TEXAS COUNTY OF GALVESTON SWORN TO, SUBSCRIBED AND A Deborah G Russo,on July,, S eoMAN M()TARV \D f\()88519-8 tiff eommlssion Expires June \0, 202'1 BEFORE ME, BY Charles L Russo and �ublic, State of Texas Notary's Printed Name _______ _ My Commission expires: ______ _ SOUTH LAND TITLE, LLC Title Company Disclosure GF#BOFW2001175 Unit Tract# BUYER/BORROWER(S): City of Friendswood,Texas SELLER(S): Charles L Russo and Deborah G Russo PROPERTY ADDRESS: 301 W Castlewood Ave Friendswood,TX 77546 LEGAL DESCRIPTION: Part of Lot One(1),Block Five(5),Friendswood Subdivision,a subdivision in Galveston County,Texas,according to the map or plat recorded in Volume 238,Page 14 and. transferred to Plat Record 7,Man No. 20 in the Office of the County Clerk of Galveston County,Texas and being more particularly described by metes and bounds as follows: BEGINNING at an iron rod in the Northeast line of said Lot One(1), Block Five(5),and being South 45 deg. 00 min.00 sec. East a distance of 20.00 feet from the North corner of said Lot One(1); THENCE South 45 deg. 00 min.00 sec. East along the Northeast line of said Lot One(1), a distance of 640.00 feet to an iron rod marking the East corner of said Lot One(1); THENCE South 45 deg.00 min. 00 sec. West along the Southeast line of said Lot One(1) a distance of 172.00 feet to the center Line of Coward's Creek; THENCE upstream along the center line of Coward's Creek as follows: South 76 degrees 20 minutes 07 seconds West 106.25 feet North 69 degrees 02 minutes 02 seconds West 40.38 feet North 26 degrees 15 minutes 11 seconds West 86.27 feet North 31 degrees 57 minutes 47 seconds West 38.65 feet North 38 degrees 34 minutes 10 seconds East 68.30 feet North 11 degrees 48 minutes 09 seconds West 19.17 feet North 55 degrees 01 minutes 20 seconds West 59.48 feet North 23 degrees 23 minutes 51 seconds West 48.80 feet North 76 degrees 01 minutes 17 seconds West 113.14 feet North 62 degrees 17 minutes 01 seconds West 138.66 feet South 87 degrees 12 minutes 29 seconds West 32.03 feet THENCE North 45 deg. 00 min. 00 sec. West 50.00 feet to an iron rod in the Southeast right-of-way line of Castlewood Drive; THENCE North 45 deg. 00 min. 00 sec. East 280.00 feet to the Place of Beginning and containing 3.3 acres of land, more or less. By executing this Closing Affidavit, each Seller acknowledges their understanding of the disclosures being made by SouTH LAND TITLE, LLC, and affirms the representations made by them to SouTH LAND TITLE, LLC. Each disclosure and/or representation may jointly benefit SouTH LAND TITLE, LLC and its title insurance underwriter-in-interest. 1.PROPERTY TAXES: 2. PRO RATIONS: Property taxes for the current year have been prorated. Seller, who each acknowledge and understand that these prorations are: (a) amounts provided to SouTH LAND TITLE, LLC by the taxing entities, or (b) based upon the sales price or the most current appraised value available and the most current tax rate available or (c) based upon some other common method of estimation. These amounts are estimates from January 1st through the day of closing. The seller understands they could receive a refund for overpayment or could receive a tax bill after closing should the appraised value or tax rate increase. EXEMPTIONS: SELLER is aware that the above mentioned Property may have an exemption status which has reduced the tax amounts owed on this Property for the last year. This exemption status may include, but is not limited to, homestead exemptions, over sixty-five (65) exemptions, and/or exemptions due to disability. SELLER is further aware that SouTH LAND TITLE, LLC has prorated the tax amounts due at closing based on these exemptions, and using last year's tax assessments. SUPPLEMENTALS: If supplemental tax bills are issued for prior or current years taxes, due to any exemptions being removed after closing, Seller understands they are solely responsible for paying said supplemental taxes. Seller warrants and represents that there are no past due taxes owed on the property and if such warranty and representation is untrue, the Seller shall reimburse South Land Title, LLC, on-demand, for any sums paid by the South Land Title, LLC to pay such taxes and any related penalty and interest. Seller agrees that when amounts of the current taxes become known and payable, on or about October 1st, any amounts due over the amount collected may be reimbursed to the title company. Any amounts over collected will be refunded upon receipt from the taxing entities. Seller recognizes their responsibility for all taxes prior to the date of closing the subject transaction. Should it develop at a later date, that taxes other than those collected at closing are due for prior years, seller agrees to make full settlement to the taxing entities or to SouTH LAND TITLE, LLC. Seller's Initials:� _lli_ DISBURSEMENT AUTHORIZATION Seller hereby authorizes SouTH LAND TrrLE, LLC to make expenditures and disbursements as shown on the closing statement and approves same for payment. SouTH LAND TITLE, LLC may supply a copy of this Statement to any real estate agent or lender involved in this transaction, and Buyer and Seller acknowledge receipt ofa copy of the Statement. Seller's Initials:� Q-i 3.ERRORS AND OMISSIONS: In the event that any of the documents prepared in connection with the closingof this transaction contain errors which misstate or inaccurately reflect the true and correct terms, conditions and provisions of this closing, and the inaccuracy or misstatement is due to a clerical error or to a unilateral mistake on the part of SouTH LAND TITLE, LLC , or to a mutual mistake on the part of SouTH LAND TITLE, LLC and/or the Seller, the undersigned agree to execute, in a timely manner, such correction documentation as SouTH LAND TITLE, LLC may deem necessary to remedy such inaccuracy or misstatement. Seller's Initials� _lli 4.NON-RESIDENT ALIEN: Seller is not a non-resident alien for purposes of United States Income Taxation. Seller's Initials:� M 5.INDEMNITY: SELLER HEREBY ACKNOWLEDGES THAT THEY HA VE EXECUTED THIS AFFIDAVITWILLINGLY AND OF THEIR OWN FREE VOLITION, AND HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS SouTH LAND TITLE, LLC ITS TITLE INSURANCE UNDERWRITER, FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, COST, EXPENSE, CLAIM, ACTION ORCAUSE OF ACTION ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE DISCLOSURES AND REPRESENTATIONS CONTAINED HEREIN. v'\ Seller's Initials: � __i;:jJ_ EXECUTED on July \L t 2020 SELLER'S SIGN A TURE(S): "'d.L ;;z � Charles L Russo V:�oA lJ � Deborah G Russo THE STATE OF TEXAS § §COUNTY OF GALVESTON § SWORN TO�UBSCRIBED AND AC Russo, on July 2020. � .BEFORE ME, by Charles L Russo and Deborah G S BOMAN NOTARY IO 11008519-8 My Commission Expires June 10, 2021 � KUSSO 7/15/2020 City of Friendswood, Texas 910 S. Friendswood Drive Friendswood, TX 77546 RE: GF Number: BOFW2001175 SOUT!l� .-iiiiii ,.,..,.,... II:' -­... .a.a.a.a..ta:i-.. a TEXAN*Tm.E COMPANY Seller: Charles L Russo and Deborah G Russo Buyer/Borrower: City of Friendswood, Texas Property: 301 W Castlewood Ave Friendswood,TX 77546 Closer Name: Shebette Boman Dear Policyholder, In connection with the above transaction, we enclose your Owner Policy of Title Insurance. Please retain this document in a safe place. Your deed has been filed for record in the County Clerk's office. It has been a pleasure to serve you. Please keep us in mind in the future if you decide to sell or refinance your property, as we can process your transaction quickly. Remember to file for your homestead exemption with the central appraisal district, if applicable. Should you have any questions or if we can be of further assistance, please do not hesitate to contact us. � Irene A. Lozano Policy Department /sc 192 Gulf Freeway S.Suite C-2, League City, Texas 77573•(281)338-2225•Fax (281)338-2205 SOUTH LAND TITLE, LLC PRIVACY POLICY PURPOSE OF TIDS NOTICE Title V of the Gramm-Leach-Bliley Act (GLBA) generally prohibits any financial institution, directly or through its affiliates, from sharing nonpublic personal information about you with a non-affiliated third party unless the institution provides you with a notice of its privacy policies and practices, such as the type of information that it collects about you and the categories of persons or entities to whom it may be disclosed. In compliance with the GLBA, we are providing you with this document, which notifies you of the privacy policies and practices of SOUTH LAND TITLE, LLC. We may collect nonpublic personal information about you from the following sources: •Information we receive from you, such as on applications or other forms•Information about your transactions we secure from our files, or from our affiliates or others•Information we receive from a consumer reporting agency•Information that we receive from others involved in your transaction, such as the real estate agent or lender Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal information will be collected about you. WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT OUR CUSTOMERS OR FORMER CUSTOMERS TO ANYONE, EXCEPT AS PERMITTED BY LAW. WE RESTRICT ACCESS TO NONPUBLIC PERSONAL INFORMATION ABOUT YOU TO THOSE EMPLOYEES WHO NEED TO KNOW THAT INFORMATION TO PROVIDE THE PRODUCTS OR SERVICES REQUESTED BY YOU OR YOUR LENDER. WE MAINTAIN PHYSICAL, ELECTRONIC, AND PROCEDURAL SAFEGUARDS THAT COMPLY WITH APPROPRIATE FEDERAL AND STATE REGULATIONS. NO PERSON, ENTITY OR FIRM WHO IS NOT A PARTY TO YOUR CONTRACT IS PERMITTED TO RECEIVE ANY INFORMATION FROM THIS COMP ANY ON ANY MA TIER RELATED TO YOUR CONTRACT. South Land Title, LLC 6710 Stewart Road Suite 200 Galveston, TX 77551 Agent for Texan Title Insurance Company DOYLE LAW FIRM, PLLC PRIVACY POLICY NOTICE PURPOSE OF TIDS NOTICE Title V of the Gramm-Leach-Bliley Act (GLBA) generally prohibits any financial institution, directly or through its affiliates, from sharing nonpublic personal information about you with a non-affiliated third party unless the institution provides you with a notice of its privacy policies and practices, such as the type of information that it collects about you and the categories of persons or entities to whom it may be disclosed. In compliance with the GLBA, we are providing you with this document, which notifies you of the privacy policies and practices of DOYLE LAW FIRM, PLLC .. We may collect nonpublic personal information about you from the following sources: •Information we receive from you, such as on applications or other forms•Information about your transactions we secure from our files, or from our affiliates or others•Information we receive from a consumer reporting agency•Information that we receive from others involved in your transaction, such as the real estate agentor lender Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal information will be collected about you. WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT OUR CUSTOMERS OR FORMER CUSTOMERS TO ANYONE, EXCEPT AS PERMITTED BY LAW. WE RESTRICT ACCESS TO NONPUBLIC PERSONAL INFORMATION ABOUT YOU TO THOSE EMPLOYEES WHO NEED TO KNOW THAT INFORMATION TO PROVIDE THE PRODUCTS OR SERVICES REQUESTED BY YOU OR YOUR LENDER. WE MAINTAIN PHYSICAL, ELECTRONIC, AND PROCEDURAL SAFEGUARDS THAT COMPLY WITH APPROPRIATE FEDERAL AND STATE REGULATIONS. NO PERSON, ENTITY OR FIRM WHO IS NOT A PARTY TO YOUR CONTRACT IS PERMITTED TO RECEIVE ANY INFORMATION FROM THIS COMP ANY ON ANY MA TIER RELATED TO YOUR CONTRACT. POLICY NO. Tl-1619-10000881 OWNER'S POLICY OF TITLE INSURANCE (T-1) ISSUED BY TEXAN TITLE INSURANCE COMPANY Any notice of claim and any other notice or statement in writing required to be given the Company under this Policy must be given to the Company at the address shown in Section 18 of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE BAND THE CONDITIONS, TEXAN TITLE INSURANCE COMP ANY, a Texas corporation (the "Company'') insures, as of Date of Policy and, to the extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of: 1.Title being vested other than as stated in Schedule A.2.Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from:(a)A defect in the Title caused by:(i) forgery, fraud, undue influence, duress, incompetency, incapacity or impersonation;(ii)failure of any person or Entity to have authorized a transfer or conveyance;(ii.t) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized or delivered;(iv)failure to perform those acts necessary to create a document by electronic means authorized by law;(v)a document executed under a falsified, expired or otherwise invalid power of attorney;(vi)a document not properly filed, recorded or indexed in the Public Records including failure to perform those acts byelectronic means authorized by law; or(vii)a defective judicial or administrative proceeding.(b)The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid.(c)Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by anaccurate and complete land survey of the Land. The term "encroachment" includes encroachments of existing improvementslocated on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land.(d)Any statutory or constitutional mechanic's, contractor's, or materialman's lien for labor or materials having its inception on orbefore Date of Policy.3.Lack of good and indefeasible Title.4.No right of access to and from the Land.Covered Risks continued on next page. IN WITNESS WHEREOF, Texan Title Insurance Company has caused this policy to be signed and sealed by its duly authorized officers as of Date of Policy shown in Schedule A. Countersigned by: � Authorized Countersign ature South Land Title, LLC Company Name • � --T cxan Title Insurance Company Patrick.. For coverage information or assistance resolving a complaint, call (866) 55-TEX.'\N or ,�sit www.tcxantitlc.com. To make a claim, furnish written notice in accordance with Section 3 of the Conditions. 5.The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building andzoning) restricting, regulating, prohibiting or relating to:(a)the occupancy, use or enjoyment of the Land;File No. BOFW2001175 Owner's Policy of Title Insurance (T-1) -Version 1/3/14 (b) the character, dimensions or location of any improvement erected on the Land; (c) subdivision of land; or (d) environmental protection if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to the extent of the violation or enforcement referred to in that notice. 6.An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice. 7.The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records. 8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge. 9.Title being vested other than as stated in Schedule A or being defective: (a)as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency or similar creditors' rights laws; or (b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state insolvency or similar creditors' rights laws by reason of the failure of its recording in the Public Records: (i)to be timely, or (ii) to impart notice of its existence to a purchaser for value or a judgment or lien creditor. 10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The Company will also pay the costs, attorneys' fees and expenses incurred in defense of any matter insured against by this Policy, but only to the extent provided in the Conditions. EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses that arise by reason of: 1.(a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting or relating to: (i)the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions or location of any improvement erected on the Land; (iii) subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances or governmental regulations. This Exclusion l(a) does not modify or limit the coverage provided under Covered Risk 5. (b)Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 6. 2.Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3.Defects, liens, encumbrances, adverse claims or other matters: (a)created, suffered, assumed or agreed to by the Insured Claimant; (b)not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c)resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4.Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is: (a)a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. 6. The refusal of any person to purchase, lease or lend money on the estate or interest covered hereby in the land described in Schedule A because of Unmarketable Title. File No. BOFW2001175 Owner's Policy of Title Insurance (f-1) -Version 1/3/14 CONDITIONS 1.DEFINITION OF TERMS.The following terms when used in this policy mean:(a)"Amount oflnsurance": the amount stated in Schedule A, as may be increased or decreased by endorsement to this policy, increasedby Section 8(b), or decreased by Sections 10 and 11 of these Conditions.(b)"Date of Policy': The date designated as"Date of Policy' in Schedule A.(c)"Entity'': A corporation, partnership, trust, limited liability company or other similar legal entity.(d)"Insured": the Insured named in Schedule A.(i)The term "Insured" also includes:(A)successors to the Title of the Insured by operation of law as distinguished from purchase, including heirs, devisees,survivors, personal representatives or next of kin;(B) successors to an Insured by dissolution, merger, consolidation, distribution or reorganization; (C)successors to an Insured by its conversion to another kind of Entity;(D) a grantee of an Insured under a deed delivered without payment of actual valuable consideration conveying the Title;(1)If the stock, shares, memberships, or other equity interests of the grantee are wholly-owned by the named Insured,(2)If the grantee wholly owns the named Insured,(3)If the grantee is wholly-owned by an affiliated Entity of the named Insured, provided the affiliated Entity and thenamed Insured are both wholly-owned by the same person or Entity, or(4)If the grantee is a trustee or beneficiary of a trust created by a written instrument established by the Insured named inSchedule A for estate planning purposes.(ii)With regard to (A), (B), (C) and (D) reserving, however, all rights and defenses as to any successor that the Company would havehad against any predecessor Insured.(e)"Insured Claimant": an Insured claiming loss or damage.(f)"Knowledge" or "Known": actual knowledge, not constructive knowledge or notice that may be imputed to an Insured by reason of the Public Records or any other records that impart constructive notice of matters affecting the Title.(,g) "Land": the land described in Schedule A, and affi,ed improvements that by law constitute real property. The term "Land" does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but this does not modify or limit the extent that a right of access to and from the Land is insured by this policy. (h) "Mortgage": mortgage, deed of trust, trust deed, or other security instrument, including one evidenced by electronic means authorized by law. (i)"Public Records": records established under state statutes at Date of Policy for the purpose of imparting constructive notice of mattersrelating to real property to purchasers for value and without Knowledge. With respect to Covered Risk S(d), "Public Records" shall alsoinclude environmental protection liens filed in the records of the clerk of the United States District Court for the district where theLand is located.G)"Title'': the estate or interest described in Schedule A.(k)"Unmarketable Title": Title affected by an alleged or apparent matter that would permit a prospective purchaser or lessee of the Title orlender on the Title to be released from the obligation to purchase, lease or lend if there is a contractual condition requiring the deliveryof marketable title.2.CONTINUATION OF INSURANCE.The coverage of this policy shall continue in force as of Date of Policy in favor of an Insured, but only so long as the Insured retains anestate or interest in the Land, or holds an obligation secured by a purchase money Mortgage given by a purchaser from the Insured, or onlyso long as the Insured shall have liability by reason of warranties in any transfer or conveyance of the Title. This policy shall not continue inforce in favor of any purchaser from the Insured of either (i) an estate or interest in the Land, or (ii) an obligation secured by a purchasemoney Mortgage given to the Insured.3.NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT.The Insured shall notify the Company promptly in writing �) in case of any litigation as set forth in Section S(a) below, or (ii) in caseKnowledge shall come to an Insured hereunder of any claim of title or interest that is adverse to the Title, as insured, and that might causeloss or damage for which the Company may be liable by virtue of this policy. If the Company is prejudiced by the failure of the InsuredClaimant to provide prompt notice, the Company's liability to the Insured Claimant under the policy shall be reduced to the extent of theprejudice.When, after the Date of the Policy, the Insured notifies the Company as required herein of a lien, encumbrance, adverse claim or otherdefect in Title insured by this policy that is not excluded or excepted from the coverage of this policy, the Company shall promptlyinvestigate the charge to determine whether the lien, encumbrance, adverse claim or defect or other matter is valid and not barred by law orFile No. BOFW2001175 Owner's Policy of Title Insurance (f-1) - Version 1/3/14 statute. The Company shall notify the Insured in writing, within a reasonable time, of its determination as to the validity or invalidity of the Insured's claim or charge under the policy. If the Company concludes that the lien, encumbrance, adverse claim or defect is not covered by this policy, or was otherwise addressed in the closing of the transaction in connection with which this policy was issued, the Company shall specifically advise the Insured of the reasons for its determination. If the Company concludes that the lien, encumbrance, adverse claim or defect is valid, the Company shall take one of the following actions: (i) institute the necessary proceedings to clear the lien, encumbrance, adverse claim or defect from the Title as insured; (ii) indemnify the Insured as provided in this policy; (iii) upon payment of appropriate premium and charges therefore, issue to the Insured Claimant or to a subsequent owner, mortgagee or holder of the estate or interest in the Land insured by this policy, a policy of title insurance without exception for the lien, encumbrance,adverse claim or defect, said policy to be in an amount equal to the current value of the Land or, if a loan policy, the amount of the loan; (iv) indemnify another title insurance company in connection with its issuance of a policy(ies) of title insurance without exception for the lien, encumbrance, adverse claim or defect; (v) secure a release or other document discharging the lien, encumbrance,adverse claim or defect; or (vi) undertake a combination of(i)through (v) herein.4.PROOF OF LOSS.In the event the Company is unable to determine the amount of loss or damage, the Company may, at its option, require as a condition ofpayment that the Insured Claimant fumish a signed proof ofloss. The proof ofloss must describe the defect, lien, encumbrance or othermatter insured against by this policy that constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculatingthe amount of the loss or damage.5.DEFENSE AND PROSECUTION OF ACTIONS.(a)Upon written request by the Insured, and subject to the options contained in Sections 3 and 7 of these Conditions, the Company, at itsown cost and without unreasonable delay, shall provide for the defense of an Insured in litigation in which any third party asserts aclaim covered by this policy adverse to the Insured. This obligation is limited to only those stated causes of action alleging mattersinsured against by this policy. The Company shall have the right to select counsel of its choice ( subject to the right of the Insured toobject for reasonable cause) to represent the Insured as to those stated causes of action. It shall not be liable for and will not pay thefees of any other counsel. The Company will not pay any fees, costs or expenses incurred by the Insured in the defense of those causesof action that allege matters not insured against by this policy.(b)The Company shall have the right, in addition to the options contained in Sections 3 and 7, at its own cost, to institute and prosecuteany action or proceeding or to do any other act that in its opinion may be necessary or desirable to establish the Title, as insured, or toprevent or reduce loss or damage to the Insured. The Company may take any appropriate action under the terms of this policy,whether or not it shall be liable to the Insured. The exercise of these rights shall not be an admission of liability or waiver of anyprovision of this policy. If the Company exercises its rights under this subsection, it must do so diligently.(c)Whenever the Company brings an action or asserts a defense as required or permitted by this policy, the Company may pursue thelitigation to a final determination by a court of competent jurisdiction and it expressly reserves the right, in its sole discretion, to appealfrom any adverse judgment or order.6.DUTY OF INSURED CLAIMANT TO COOPERATE.(a)In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding andany appeals, the Insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding,includingthe right to use, at its option, the name of the Insured for this purpose. Whenever requested by the Company, the Insured, at theCompany's expense, shall give the Company all reasonable aid (i) in securing evidence, obtaining witnesses, prosecuting or defendingthe action or proceeding, or effecting settlement, and (ii) in any other lawful act that in the opinion of the Company may be necessaryor desirable to establish the Title or any other matter as insured. If the Company is prejudiced by the failure of the Insured to fumishthe required cooperation, the Company's obligations to the Insured under the policy shall terminate,includingany liability or obligationto defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation.(b)The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized representative ofthe Company and to produce for examination,inspection and copying, at such reasonable times and places as may be designated by theauthorized representative of the Company, all records, in whatever medium maintained,including books, ledgers, checks, memoranda,correspondence,reports, e-mails, disks, tapes, and videos whether bearing a date before or after Date of Policy, that reasonably pertainto the loss or damage. Further, if requested by any authorized representative of the Company, the Insured Claimant shall grant itspermission, in writing, for any authorized representative of the Company to examine, inspect and copy all of these records in thecustody or control of a third party that reasonably pertain to the loss or damage. All information designated as confidential by theInsured Claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgmentof the Company, it is necessary in the administration of the claim. Failure of the Insured Claimant to submit for examination underoath, produce any reasonably requested information or grant permission to secure reasonably necessary information from third partiesas required in this subsection, unless prohibited by law or governmental regulation, shall terminate any liability of the Company underthis policy as to that claim.File No. BOFW2001175 Owner's Policy of Title Insurance (I"-1) -Version 1/3/14 7.OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY.In case of a claim under this policy, the Company shall have the following additional options:(a)To Pay or Tender Payment of the Amount of Insurance.To pay or tender payment of the Amount of Insurance under this policy together with any costs, attorneys' fees and expensesincurred by the Insured Claimant that were author ized by the Company up to the time of payment or tender of payment and thatthe Company is obligated to pay.Upon the exercise by the Company of this option, all liability and obligations of the Company to the Insured under this policy, other than to make the payment required in this subsection, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. (b)To Pay or Otherwise Settle with Parties Other than the Insured or With the Insured Claimant.(i)to pay or otherwise settle with other parties for or in the name of an Insured Claimant any claim insured against under this policy.In addition, the Company will pay any costs, attorneys' fees and expenses incurred by the Insured Claimant that were authorized bythe Company up to the time of payment and that the Company is obligated to pay; or(ii)to pay or otherwise settle with the Insured Claimant the loss or damage provided for under this policy, together with any costs,attorneys' fees and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment andthat the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in subsections (b )(Dor (ii), the Company's obligations to the Insured under this policy for the claimed loss or damage, other than the payments requiredto be made, shall terminate, including any liability or obligation to defend, prosecute or continue any litigation.8.DETERMINATION AND EXTENT OF LIABILITY.This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the Insured Claimant who hassuffered loss or damage by reason of matters insured against by this policy.(a)The extent of liability of the Company for loss or damage under this policy shall not exceed the lesser of:(i) the Amount of Insurance; or(ii)the difference between the value of the Title as insured and the value of the Title subject to the risk insured against by this policy.(b)If the Company pursues its rights under Section 3 or 5 and is unsuccessful in establishing the Title, as insured,(1) the Amount oflnsurance shall be increased by 10%, and(it) the Insured Claimant shall have the right to have the loss or damage determined either as of the date the claim was made by theInsured Claimant or as of the date it is settled and paid. ( c)In addition to the extent of liability under (a) and (b ), the Company will also pay those costs, attorneys' fees and expenses incurred inaccordance with Sections 5 and 7 of these Conditions.9.LIMITATION OF LIABILITY.(a)If the Company establishes the Title, or removes the alleged defect, lien or encumbrance, or cures the lack of a right of access to orfrom the Land, all as insured, or takes action in accordance with Section 3 or 7, in a reasonably diligent manner by any method,including litigation and the completion of any appeals, it shall have fully performed its obligations with respect to that matter and shallnot be liable for any loss or damage caused to the Insured.(b)In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liabilityfor loss or damage until there has been a final determination by a court of competent jurisdiction,and disposition of all appeals, adverseto the Title, as insured.( c)The Company shall not be liable for loss or damage to the Insured for liability voluntarily assumed by the Insured in settling any claimor suit without the prior written consent of the Company.10.REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY.All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the Amount of Insurance by theamount of the payment.11.LIABILITY NONCUMULATIVE.The Amount of Insurance shall be reduced by any amount the Company pays under any policy insuring a Mortgage to which exception istaken in Schedule B or to which the Insured has agreed, assumed, or taken subject or which is executed by an Insured after Date of Policy and which is a charge or lien on the Title, and the amount so paid shall be deemed a payment to the Insured under this policy.12.PAYMENT OF LOSS.When liability and the extent of loss or damage have been definitely fi.--..:ed in accordance with these Conditions, the payment shall be madewithin 30 days.13.RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT.(a)Whenever the Company shall have settled and paid a claim under this policy, it shall be subrogated and entitled to the rights of the Insured Claimant in the Title and all other rights and remedies in respect to the claim that the Insured Claimant has against any personor property, to the extent of the amount of any loss, costs, attorneys' fees and expenses paid by the Company. If requested by theFile No. BOF\X/2001175 Owner's Policy of Title Insur:ince (f-1) - Version 1/3/14 Company, the Insured Claimant shall execute documents to evidence the transfer to the Company of these rights and remedies. The Insured Claimant shall permit the Company to sue, compromise or settle in the name of the Insured Claimant and to use the name of the Insured Claimant in any transaction or litigation involving these rights and remedies. If a payment on account of a claim does not fully cover the loss of the Insured Claimant, the Company shall defer the exercise of its right to recover until after the Insured Claimant shall have recovered its loss. (b)The Company's right of subrogation includes the rights of the Insured to indemnities, guaranties, other policies of insurance or bonds,notwithstanding any terms or conditions contained in those instruments that address subrogation rights.14.ARBITRATION.Either the Company or the Insured may demand that the claim or controversy shall be submitted to arbitration pursuant to the TitleInsurance Arbitration Rules of the American Land Title Association ("Rules"). Except as provided in the Rules, there shall be no joinder orconsolidation with claims or controversies of other persons. Arbitrable matters may include, but are not limited to, any controversy or claimbetween the Company and the Insured arising out of or relating to this policy, any service in connection with its issuance or the breach of apolicy provision, or to any other controversy or claim arising out of the transaction giving rise to this policy. All arbitrable matters when theAmount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured, unless the Insured is anindividual person (as distinguished from an Entity). All arbitrable matters when the Amount of Insurance is in excess of $2,000,000 shall bearbitrated only when agreed to by both the Company and the Insured. Arbitration pursuant to this policy and under the Rules shall bebinding upon the parties. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court of competent jurisdiction.15.LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT.(a)This policy together with all endorsements,if any, attached to it by the Company is the entire policy and contract between the Insuredand the Company. In interpreting any provision of this policy, this policy shall be construed as a whole.(b)Any claim of loss or damage that arises out of the status of the Title or by any action asserting such claim, shall be restricted to thispolicy.(c)Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized person, or e)>.-presslyincorporated by Schedule A of this policy.( d)Each endorsement to this policy issued at any time is made a part of this policy and is subject to all of its terms and provisions. Exceptas the endorsement e)>.-pressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any priorendorsement, (iii) extend the Date of Policy or (iv) increase the Amount of Insurance. Each Commitment, endorsement or other form,or provision in the Schedules to this policy that refers to a term defined in Section 1 of the Conditions shall be deemed to refer to theterm regardless of whether the term is capitalized in the Commitment, endorsement or other form, or Schedule. Each Commitment,endorsement or other form, or provision in the Schedules that refers to the Conditions and Stipulations shall be deemed to refer to theConditions of this policy.16.SEVERABILITY.In the event any provision of this policy, in whole or in part, is held invalid or unenforceable under applicable law, the poli cy shall bedeemed not to include that provision or such part held to be invalid and all other provisions shall remain in full force and effect.17.CHOICE OF LAW; FORUM.(a)Choice of Law: The Insured acknowledges the Company has underwritten the risks covered by this policy and determined thepremium chargedtherefor in reliance upon the law affecting interests in real property and applicable to the interpretation, rights,remedies or enforcement of policies of title insurance of the jurisdiction where the Land is located.Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity of claimsagainst the Title that are adverse to the Insured, and in interpreting and enforcing the terms of this policy. In neither case shall the courtor arbitrator apply its conflicts of laws principles to determine the applicable law.(b)Choice of Forum: Any litigation or other proceeding brought by the Insured against the Company must be filed only in a state or federal court within the United States of America or its territories having appropriate jurisdiction.18.NOTICES, WHERE SENT.Any notice of claim and any other notice or statement in writing required to be given the Company under this Poli cy must be given to theCompany at 671 0Stewart Road, Suite 300, Galveston, Texas 77551.File No. BOl'W2001175 Owner's Poli cy of Title Insurance (f-1) -Version 1/3/14