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General Warranty Deed - Ana & Jacobo Mendez - 16614 OXNARD LN
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 HARRIS THAT, Ana Marie Mendez and Jacobo Mendez. hereinafter known as Grantor (whether one or more), of the City of 401 U � r\ , State of PX(-7t) f � e,- , for and in consideration of the sum of One Hundred Twenty Seven Thousand Five Hundred and 00/100 Dollars($127,500.00) 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. 16614 Oxnard Ln, Friendswood, TX 77546 TRACT 1: Lot Four (4), in Block Four (4), of Forest Creek, a subdivision in Harris County, Texas, according to the map or plat thereof, recorded in Volume 239, Page 50, of the Map Records of Harris County, Texas TRACT 2: 0.556 ACRES OF LAND SITUATED IN THE SARAH MCKISSICK SURVEY, A- 549, HARRIS COUNTY, TEXAS, AND BEING A PART OF THAT CERTAIN 25.967 ACRE TRACT DESCRIBED IN A DEED TO CHARLES KORNEGAY, INC.,RECORDED IN HARRIS COUNTY CLERK'S FILE (HCCF) E-775705, AND BEING ALL THAT CERTAIN TRACT SHOWN AS TRACT 13D ON THE TAX ROLLS OF THE HARRIS COUNTY APPRAISAL DISTRICT AND UNDER ACCOUNT NUMBER 0432150000209, SAID 0.556 ACRES BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING at point marking the East corner of the herein described tract and the North corner of a certain 20875.65 square foot tract known as Tract 13E and described in a Deed of Trust filed under HCCF Y-517363, said point being the South corner of Lot 4 and the West corner of Lot 5, Block 4, Forest Creek Subdivision according to the Plat recorded in Volume 239, Page 50, Map Records of Harris County; THENCE, South 44 deg. 55 min. West, along the Northwest line of said Tract 13E, a distance of 367.57 feet to a point for corner on the Northeast bank of Clear Creek; THENCE, South 84 deg. 38 min. 53 sec. West, along the Northeast bank of Clear Creek, a distance of 93.87 feet to a point marking the West corner of the herein described tract and the South corner of Tract 13C as shown under Harris County tax account 0432150000208; THENCE, North 44 deg. 55 min. East, along the Southeast line of Tract 13C, a distance of 439.76 feet to a point marking the North corner of the herein described tract at the South corner of Lot 3 and the West corner of Lot 4, Block 4, Forest Creek; THENCE, South 45 deg. 05 min. East (basis of bearing) along the Southwest line of Lot 4, Block 4, Forest Creek, a distance of 60.0 feet to the PLACE OF BEGINNING and containing 0.556 acres of land. 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 Harris 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 February , 2020. Grantor's Address: Grantee's Address: 910 S. Friendswood Dr. Friendswood, TX 77546 GRANTOR: L-C bf�c' )�&n Ana Mari Mendez Jacobo Mendez ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF GALVESTON§ This instrument was acknowledged before me on February A, 2020, by Ana Marie Mendez and Jacobo Mendez. Notary Public Signature Oti „ tµY pUBI i KIMBERLEY ROBINSON Notary Public, State of Texas Comm. Expires 09 04.2022 Notary ID 124130234 RECORDED BV SOUTH LAND TITLE LLC GF # BOFW1900876 Exhibit A In reference to the property or properties ("Property") conveyed by the Deed between Ana Marie Mendez and Jacobo Mendez 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 La., 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 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 I 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): � 7ryt� Ana Marie Mendez i Jacobo Mendez GRANTEE: Morad Kabiri, City Manager City of Friendswood, Texas AFFIDAVIT AS TO DEBTS, LIENS, POSSESSION AND TAXES (for Sales Only) GF# BOFW1900876 Unit Tract# SUBJECT PROPERTY: ADDRESS: 16614 Oxnard Ln, Friendswood, TX 77546 LEGAL DESCRIPTION: TRACT 1: Lot Four (4), in Block Four (4), of Forest Creek, a subdivision in Harris County, Texas, according to the map or plat thereof, recorded in Volume 239, Page 50, of the Map Records of Harris County, Texas TRACT 2: 0.556 ACRES OF LAND SITUATED IN THE SARAH MCKISSICK SURVEY, A- 549, HARRIS COUNTY, TEXAS, AND BEING A PART OF THAT CERTAIN 25.967 ACRE TRACT DESCRIBED IN A DEED TO CHARLES KORNEGAY, INC.,RECORDED IN HARRIS COUNTY CLERK'S FILE (HCCF) E-775705, AND BEING ALL THAT CERTAIN TRACT SHOWN AS TRACT 13D ON THE TAX ROLLS OF THE HARRIS COUNTY APPRAISAL DISTRICT AND UNDER ACCOUNT NUMBER 0432150000209, SAID 0.556 ACRES BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING at point marking the East corner of the herein described tract and the North corner of a certain 20875.65 square foot tract known as Tract 13E and described in a Deed of Trust filed under HCCF Y- 517363, said point being the South corner of Lot 4 and the West corner of Lot 5, Block 4, Forest Creek Subdivision according to the Plat recorded in Volume 239, Page 50, Map Records of Harris County; THENCE, South 44 deg. 55 min. West, along the Northwest line of said Tract 13E, a distance of 367.57 feet to a point for corner on the Northeast bank of Clear Creek; THENCE, South 84 deg. 38 min. 53 sec. West, along the Northeast bank of Clear Creek, a distance of 93.87 feet to a point marking the West corner of the herein described tract and the South corner of Tract 13C as shown under Harris County tax account 0432150000208; THENCE, North 44 deg. 55 min. East, along the Southeast line of Tract 13C, a distance of 439.76 feet to a point marking the North corner of the herein described tract at the South corner of Lot 3 and the West corner of Lot 4, Block 4, Forest Creek; THENCE, South 45 deg. 05 min. East (basis of bearing) along the Southwest line of Lot 4, Block 4, Forest Creek, a distance of 60.0 feet to the PLACE OF BEGINNING and containing 0.556 acres of land. NOTE: The Company is prohibited from insuring the area or quantity of the land described herein. Any statement in the above legal description of the area or quantity of land is not a representation that such area or quantity is correct, but is made only for informational and/or identification purposes and does not override item 2 of Schedule B hereof. BEFORE ME, the undersigned authority, on this day personally appeared Ana Marie Mendez and Jacobo Mendez, 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. 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: 1%frGn -"' 2. 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: Approximate Amount: 3. No Mortgage liens of any kind against such property except the following: Secured Party: 42- Approximate Amount: C7 IT IS UNDERSTOOD BY THE UNDERSIGNED THAT THE PAYOFF AMOUNT (S) ON LOANS LISTED ABOVE IS/ARE IN ACCORDANCE WITH STATEMENTS GIVEN BY THE LENDING INSTITUTIONS AND SHOULD THE NOTE HOLDER REQUIRE ANY ADDITIONAL AMOUNT IN ORDER TO RELEASE SAID INDEBTEDNESS THE UNDERSIGNED AGREES TO PAY THE ADDITIONAL AMOUNT AND HOLD THE COMPANY AND ITS UNDERWRITER HARMLESS FROM SUCH ADDITIONAL AMOUNT AND ANY OTHER LIEN INCLUDING AD VALOREM TAXES NOT SPECIFICALLY REFERENCED 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 I/We 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. I/We 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 February A, 2020 SELLER'S SIGNATURE(S): C Rave 4PI na Marie Mendez acobo Mendez STATE OF TEXAS COUNTY OF SWORN TO, SUBSCRIBED AND ACKNOWLEDGED BEFORE ME, BY Ana Marie Mendez and Jacobo Mendez,on February , 2020. Notary Public, State of Texas Notary's Printed Name ERLEY ROBINSON ublic. State of Texas My Commission expires: [=:IOBINSON . Expires 09-04-2022ry Id 124130234 00 M 0 0 0 0 N O N 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 February , 2020, Grantee's Address: Grantee's Address: 910 S. Friendswood Dr. Friendswood, TX 77546 THE STATE OF TEXAS § GRANTOR: n , �/ �c� G 9�t Ana Mari Mendez Jacobo Mendez ACKNOWLEDGMENT COUNTY OF GALVESTON§ This instrument was acknowledged before me on February A, 2020, by Ana Marie Mendez and Jacobo Mendez. Notary Public Signature KIMBERLEY ROBINSON 1�Y PVB �4 Notary Public, State of Texas Comm. Expires 09.04.2022 OF Notary ID 124130234 RECORDED BY SOUTH LAND TITLE LLC GF # BOFW1900876 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 COUNTY OF HARRIS § § § KNOW ALL MEN BY THESE PRESENTS: THAT, Ana Marie Mendez and Jacobo Mendez. hereinafter known as Grantor (whether one or more), of the City of {), l \J \ V\ State of Pih.,::z,o, \�,for and in consideration of the sum of One Hundred Twenty Seven Thousand Five Hundred and 00/100 Dollars($127,500.00) 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. 16614 Oxnard Ln, Friendswood, TX 77546 TRACT 1: Lot Four (4), in Block Four (4), of Forest Creek, a subdivision in Harris County, Texas, according to the map or plat thereof, recorded in Volume 239, Page 50, of the Map Records of Harris County, Texas TRACT 2: 0.556 ACRES OF LAND SITUATED IN THE SARAH MCKISSICK SURVEY, A-549, HARRIS COUNTY, TEXAS, AND BEING A PART OF THAT CERTAIN 25.967 ACRE TRACT DESCRIBED IN A DEED TO CHARLES KORNEGAY, INC.,RECORDED IN HARRIS COUNTY CLERK'S FILE (HCCF) E-775705, AND BEING ALL THAT CERTAIN TRACT SHOWN AS TRACT 13D ON THE TAX ROLLS OF THE HARRIS COUNTY APPRAISAL DISTRICT AND UNDER ACCOUNT NUMBER 0432150000209, SAID 0.556 ACRES BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING at point marking the East corner of the herein described tract and the North corner of a certain 20875.65 square foot tract known as Tract 13E and described in a Deed of Trust filed under HCCF Y-517363, said point being the South corner of Lot 4 and the West corner of Lot 5, Block 4, Forest Creek Subdivision according to the Plat recorded in Volume 239, Page 50, Map Records of Harris County; THENCE, South 44 deg. 55 min. West, along the Northwest line of said Tract 13E, a distance of 367.57 feet to a point for corner on the Northeast bank of Clear Creek; THENCE, South 84 deg. 38 min. 53 sec. West, along the Northeast bank of Clear Creek, a distance of 93.87 feet to a point marking the West corner of the herein described tract and the South corner of Tract 13C as shown under Harris County tax account 0432150000208; THENCE, North 44 deg. 55 min. East, along the Southeast line of Tract 13C, a distance of 439.76 feet to a point marking the North corner of the herein described tract at the South corner of Lot 3 and the West corner of Lot 4, Block 4, Forest Creek; THENCE, South 45 deg. 05 min. East (basis of bearing) along the Southwest line of Lot 4, Block 4, Forest Creek, a distance of 60.0 feet to the PLACE OF BEGINNING and containing 0.556 acres of land. 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 Harris 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 February A, 2020. Grantor's Address: Grantee's Address: 910 S. Friendswood Dr. Friendswood,TX 77546 THESTATEOF TEXAS § GRANTOR: �a Jnwu'An�MariJM C. 'JX141d ��? Jacobo Mendez ACKNOWLEDGMENT § COUNTY OF GALVESTON§ This instrument was acknowledged before me on February A 2020, by Ana Marie Mendez and Jacobo Mendez. � Notary Public Signature �,,����:J;,_,, KIMBERLEY ROBINSON gf(� .. >�1 Notary Public. State of Texas �"'-f.• •• � • .:.,..�S Comm. Expires 09-04-2022... .., ... >.••··��·-:-,,,f,m"'''' Notary ID 124130234 RECORDED BY SOUTH LAND TITLE LLC GF # BOFW1900876 Exhibit A In reference to the property or properties ("Property") conveyed by the Deed between Ana Marie Mendez and Jacobo Mendez 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 space forthe 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 I foot of freeboard, or greater, ifrequired by FEMA, or if required by any State, Tribal, or local ordinance, and in accordance with criteria established by the FEMA Administrator. c.Disaster Assis tance 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.Iftitle 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 oftitle 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 ofcompetentjurisdiction 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 application shall not be affected and shall remain valid and enforceable. GRANTOR(S): (kp_ � IYbt�--Ana Marie Mendez �r?�/Jacobo Mendez GRANTEE: �� Morad Kabiri, City Manager City of Friendswood, Texas A.Settlement Statement B.Type of Loani.D FHA 2. D FmHA 4.D VA 5.D Conv Ins. 7. li1l Cash Sale. 3. D Conv Unins 6. D Seller Finance 6. File Number BOFW1900876 7. Loan Number 0MB No. 2502-0265 8. Mortgage Ins Case Number C. Note: This form is furnished to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent are shown. Items marked lU,V,1,.,.J W!i;lli;i D'11U VUL.>lUI., Ult;;; VIV.>UI"-� Lil._;;y al.I,,, .>IIVVVU UW"•' J.Vl UU.VUll�\.IVIH,U. U,..iL/VJ'"'J ....,.,..,. ...... .., ••v� u,..,, __ ..,_ ou _,.,, """•--• D. Name & Address of Borrower E. Name & Address of Seller F. Name & Address of Lender City of Friendswood, Texas Ana Marie Mendez and Jacobo Mendez 910 S. Friendswood Drive Friendswood, TX 77546 ' ' G.Property Location H. Settlement Agent NameSouth Land Title, LLC Forest Creek, Block 4, Lot 4, Harris County 6710 Stewart Road 16614 Oxnard Lo Suite 200 Friendswood, TX 77546 Galveston, TX 77551 Tax ID: 27-1152905 Underwritten By: Texan Title Insurance Comoanv TR 13D Abst 549 S McKissick Harris TX Place of Settlement 0 W Bay Arca Blvd South Land Title, LLC-Commercial Div.Friendswood, TX 77546 1100 Gulf Freeway, Suite 100League City, TX 77573 J. Summary of Borrower's Transaction K Summary of Seller's Transaction 100. Gross Amount Due from Borrower 400. Gross Amount Due to Seller IO I. Contract Sales Price $127,500.00 40 I. Contract Sales Price I 02. Personal Property 402.Personal Property I 03. Settlement Charges to borrower $1,097.50 403. 104.404. 105.405. Adjustments for items paid by seller in advance Adjustments for items paid by seller in advance 106. City property taxes 406.City property taxes 107. County property taxes 407.County property taxes 108. HOA 408. HOA I 09. School property taxes 409.School property taxes 110. MUD taxes 410.MUD taxes 111.Flood Insurance 411.Flood Insurance 112. 412. 113.413. 114.Reimb Seller for Upfront "414. HOA Fee 115. 415. 116. 416. 120.Gross Amount Due From Borrower $128,597.50 420.Gross Amount Due to Seller 200. Amounts Paid By Or in Behalf Of Borrower 500. Reductions in Amount Due to Seller 20 I. Deposit or earnest money 50 I. Excess Deposit 202.Principal amount of new loan(s) 502. Settlement Charges to Seller (line 1400) 203. Existing loan(s) taken subject to 503. Existing Loan(s) Taken Subject to 204. Loan Amount 2nd Lien 504.Payoff ofFirst Mortgage Loan to 205. 505.Payoff of Second Mortgage to Loan 206. 506. 207. Closing Costs Paid by JSW A, Inc $120.50 507. 208. 508. 209.509. Adjustments for items unpaid by seller Adjustments for items unpaid by seller 2 JO. City property taxes 5 I O. City property taxes 211. County property taxes 511.County property taxes 212. HOA 512.HOA 213. School property taxes 5 I 3. School property taxes 214.MUD taxes 514. MUD taxes 2 15. Flood Insurance 5 I 5. Flood Insurance 216.-516. 217. 517. 218. 518. 219.519." 220. Total Paid By/For Borrower $120.50 520. Total Reduction Amount Due Seller 300.Cash At Settlement From/To Borrower 600. Cash At Settlement To/From Seller 301. Gross Amount due from borrower (line 120) $128,597.50 601. Gross Amount due to seller (line 420) 302.Less amounts paid by/for borrower (line 220) $120.50 602. Less reductions in amt. due seller (line 520) 303. Cash From Borrower $128,477.00 603. Cash To Seller Previous Editions are Obsolete I. Settlement Date 2/14/2020Fund: $127,500.00 $127,500.00 $939.51 $939.51 $127,500.00 $939.51 $126,560.49 form HUD-1 (3/86) Handbook 4305.2 File No. 'BOFW 1900876 L.Settlement Charges 700. Total Sales/Broker's Commission based oo price Division of Commission (line 700) as follows: 701. to 702. to 703. Commission Paid at Settlement 704. The following parties, persons, firms or to 705.corporations have received a portion of to 706. the real estate commission shown above. to 800. Items Payable io Connection with Loan 801. Loan Origination Fee % to 802. Loan Discount % to 803. Appraisal Fee to 804.Credit Report to 805. Lender's Inspection Fee to 806.Mortgage Insurance Application to 807. Assumption Fee to 808.Flood Certification Fee to 900. Items Required by Lender To Be Paid Jo Advance 90 I. Interest from 2/14/2020 to 3/1/2020 @ SO/day 902. Mortgage Insurance Premium for months to 903.Hazard Insurance Premium for years to 904.Flood Insurance for year(s)to 905. Windstorm Insurance for year(s) to 1000. Reserves Deposited With Lender I 00 I. Hazard insurance I 002. Mortgage insurance 1003. City property taxes I 004. County property taxes 1005. HOA I 006. School property taxes 1007. MUD Taxes I 008. Flood Insurance I 009. Other Taxes 0 101 I. Aggregate Adjustment 1100. Title Charges months@ months@ months@ months@ months@ months@ months@ months@ months@ $127,500.00 110 I. Settlement or closing fee to South Land Title, LLC 1102. Abstract or title search to I 103. Title examination to 1104. Title insurance binder to I I 05. Document preparation to 1106. Notary fees to 1107. Attorney's fees to (includes above items numbers: I 108. Title insurance to South Land Title, LLC (includes above items numbers: I 109. Lender's coverage S0.00/S0.00 . @% = S0.00 per month per month per month per month per month per month per month per month Paid From Paid From Borrower's Seller's Funds at Funds at Settlement Settlement S0.00 $0.00 $50.00 -,--- . -·-·----�J-. ------· ------------------,r··--· ·-- -· ------ ------_____ J__ ------------!__ _ ------!f" -----1110. Owner's coverage $127,S00.00/$977.00 I f 1111. Escrow fee to South Land Title, LLC 1112. State of Texas Policy Guaranty Fee 1113. Texas Title Insurance Guaranty to Association to 1114. Tax certificates to Realty Tax Search, Inc. 1115. Title Premium split 85% to South Land Title, LLC 1116. Title Premium split 15% to Texan Title Insurance Company 1117. E-Recording Fees to South Land Title, LLC 1200. Government Recording and Transfer Charges 1201. Recording Fees Deed $43.50; Mortgage ; Rel to South Land Title, LLC 1202. City/county tax/stamps Deed ; Mortgage to 1203. State tax/stamps Deed ; Mortgage to 1204. Additional Recording to South Land Title, LLC !300. Additivni: Sc:t:e:-.ieiat c;..:;:-g�s1301 . HOA Transfer Fee to Rea!Maoage 1302. Overpayment of HOA Transfer Fee to Harris County Flood Control District 1303. · 2020 Prorated County Tax to 2/14-Lot 4 to Ano Harris Bennett-Tax AssessorCollector 1304. 2020 Prorated County Tax to 2/14-Tr to Ano Harris Bennett -Tax Assessor 13D Collector 1305. 2020 Prorated School tax to 2/14-Lot 4 to Clear Creek ISO Tax Office 1306. 2020 Prorated School tax to 2/14-Tr to Clear Creek ISO Tax Office 13D 1307. 202Q Prorated City Tax to 2/14-Lot 4 to City of Friendswood Tax Office 1308. 2020 Prorated City Tax to 2/14-Tr 13D to City of Friendswood Tax Office 1309. 2020 HOA to Forest Bend Homeowners Association 1400. Total Settlement Charges (enter oo lines 103, Section J and 502, Section K) $2.00 $0.00 $25.00 $43.50 $510.00 $45.77 $2.12 $197.48 $4.61 $38.61 $1.80 $139.12 S1,097.50 $939.51 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. City of Frien dswood, Texas �� By: Morad Kabiri, City Manager d ti? 2Yk-t1c 01ut / 27�J �Mendez SETTLEMENT AGENT CERTIFICATION The HUD-I Settlement Statement which I have prepared is a true and accurate aeoo,o< ,n,; ".�";'" I h•� oo,,., ilie foods m be d;sb,aed ;I statem�nt. d ) { Lf )Q)_() Date Previous Editions are Obsolete fonn HUD-I (3/86) Handbook 4305.2 TRACT 1: Lot Four (4), in Block Four (4), of Forest Creek, a subdivision in Harris County, Texas, according to the map or plat thereof, recorded in Volume 239, Page 50, of the Map Records of Harris County, Texas TRACT 2: 0.556 ACRES OF LAND SITUATED IN THE SARAH MCKISSICK SURVEY, A-549, HARRIS COUNTY, TEXAS, AND BEING A PART OF THAT CERTAIN 25.967 ACRE TRACT DESCRIBED IN A DEED TO CHARLES KORNEGAY, INC.,RECORDED IN HARRIS COUNTY CLERK'S FILE (HCCF) E-775705, AND BEING ALL THAT CERTAIN TRACT SHOWN AS TRACT 130 ON THE TAX ROLLS OF THE HARRIS COUNTY APPRAISAL DISTRICT AND UNDER ACCOUNT NUMBER 0432150000209, SAID 0.556 ACRES BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING at point marking the East corner of the herein described tract and the North corner of a certain 20875.65 square foot tract known as Tract 13E and described in a Deed of Trust filed under HCCF Y- 517363, said point being the South corner of Lot 4 and the West corner of Lot 5, Block 4, Forest Creek Subdivision according to the Plat recorded in Volume 239, Page 50, Map Records of Harris County; THENCE, South 44 deg. 55 min. West, along the Northwest line of said Tract 13E, a distance of 367.57 feet to a point for corner on the Northeast bank of Clear Creek; THENCE, South 84 deg. 38 min. 53 sec. West, along the Northeast bank of Clear Creek, a distance of 93.87 feet to a point marking the West corner of the herein described tract and the South corner of Tract 13C as shown under Harris County tax account 0432150000208; THENCE, North 44 deg. 55 min. East, along the Southeast line of Tract 13C, a distance of 439.76 feet to a point marking the North corner of the herein described tract at the South corner of Lot 3 and the West corner of Lot 4, Block 4, Forest Creek; THENCE, South 45 deg. 05 min. East (basis of bearing) along the Southwest line of Lot 4, Block 4, Forest Creek, a distance of 60.0 feet to the PLACE OF BEGINNING and containing 0.556 acres of land. NOTE: The Company is prohibited from insuring the area or quantity of the land described herein. Any statement in the above legal description of the area or quantity of land is not a representation that such area or quantity is correct, but is made only for informational and/or identification purposes and does not override item 2 of Schedule B hereof. The undersigned represent (s) to South Land Title, LLC, hereinafter the company, to his/ her /their best knowledge that, 1. 2. 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: //(can -I" 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: JJ;'A. Approximate Amount: Q 3.No Mortgage liens of any kind against such property except the following: Secured Party: A<,114- Approximate Amount: ___;;;;.{) __ _ IT IS UNDERSTOOD BY THE UNDERSIGNED THAT THE PAYOFF AMOUNT(S)ON LOANS LISTED ABOVE IS/ARE IN ACCORDANCE WITH STATEMENTS GIVEN BY THE LENDING INSTITUTIONS AND SHOULD THE NOTE HOLDER REQUIRE ANY ADDITIONAL AMOUNT IN ORDER TO RELEASE SAID INDEBTEDNESS THE UNDERSIGNED AGREES TO PAY THE ADDITIONAL AMOUNT AND HOLD THE COMPANY AND ITS UNDERWRITER HARMLESS FROM SUCH ADDITIONAL AMOUNT AND ANY OTHER LIEN INCLUDING AD V ALO REM TAXES NOT SPECIFICALLY REFERENCED 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 Uwe 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 I/We 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. I/We 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 February A 2020 SELLER'S SIGNATURE(S): t! I f/a,u� !?1rtn_�/ ,,., :t� Aacobo Mendez STATE OF TEXAS COUNTY OF SWORN TO, SUBSCRIBED AND ACKNO�DGED BEFORE ME, BY Ana Marie Mendez and Jacobo Mendez,on February � Notary Public, State of Texas Notary's Printed Name ______ _ My Commission expires: ______ _�--:,_��•t::,,, KIMBERLEY ROBINSON ,:.� _ ..... �� g!(�-�1 Notary Public . State of Texas I;,_�-.. �.{...�� Comm. Expires 09-04-2022 -..,r>-,••••��� ,,,,fiflt",,,.:-Notary ID 124130234 SOUTH LAND TITLE, LLC Title Company Disclosure GF#BOFW1900876 Unit Tract# BUYER/BORROWER(S): City of Friendswood,Texas SELLER(S): Ana Marie Mendez and Jacobo Mendez PROPERTY ADDRESS: 16614 Oxnard Ln Friendswood,TX 77546 LEGAL DESCRIPTION: TRACT 1: Lot Four(4),in Block Four(4),of Forest Creek, a subdivision in Harris County,Texas, according to the map or plat thereof,recorded in Volume 239, Page 50,of the Map Records of Harris County,Texas TRACT2: 0.556 ACRES OF LAND SITUATED IN THE SARAH MCKISSICK SURVEY,A-549, HARRIS COUNTY, TEXAS,AND BEING A PART OF THAT CERTAIN 25.967 ACRE TRACT DESCRIBED IN A DEED TO CHARLES KORNEGAY, INC.,RECORDED IN HARRIS COUNTY CLERK'S FILE(HCCF)E-775705,AND BEING ALL THAT CERTAIN TRACT SHOWN AS TRACT 13D ON THE TAX ROLLS OF THE HARRIS COUNTY APPRAISAL DISTRICT AND UNDER ACCOUNT NUMBER 0432150000209,SAID 0.556 ACRES BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING at point marking the East corner of the herein described tract and the North corner of a certain 20875.65 square foot tract known as Tract 13E and described in a Deed of Trust filed under HCCF Y-517363, said point being the South corner of Lot 4 and the West corner of Lot 5,Block 4,Forest Creek Subdivision according to the Plat recorded in Volume 239,Page 50,Map Records of Harris County; THENCE, South 44 deg.55 min. West,along the Northwest line of said Tract 13E,a distance of 367.57 feet to a point for corner on the Northeast bank of Clear Creek; THENCE, South 84 deg.38 min.53 sec.West, along the Northeast bank of Clear Creek, a distance of 93.87 feet to a point marking the West corner of the herein described tract and the South corner of Tract 13C as shown under Harris County tax account 0432150000208; THENCE,North 44 deg.55 min. East,along the Southeast line of Tract 13C,a distance of 439.76 feet to it point marking the North corner of the herein described tract at the South corner of Lot 3 and the West corner of Lot 4,Block 4,Forest Creek; THENCE,South 45 deg.05 min. East(basis of bearing)along the Southwest line of Lot 4,Block 4,Forest Creek,a distance of 60.0 feet to the PLACE OF BEGINNING and containing 0.556 acres of land. By executing this Closing Affidavit, each Seller acknowledges their understanding of the disclosures being made by So urn LAND TITLE, LLC, and affirms the representations made by them to Sourn LAND TITLE, LLC. Each disclosure and/or representation may jointly benefit Sourn LAND TITLE, LLC and its title insurance underwriter-in-interest. 1.PROPERTY TAXES: 2. 3. 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. 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: _,J_ J.1 � vt--1 DISBURSEMENT AUTHORIZATION Seller hereby authorizes SouTH LAND TITLE, LLC to make expenditures and disbursements as shown on the closing statement and approves same for payment. SouTH LAND T1TLE, 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 of a copy of the Statement. Seller's Initials: )-M M HOMEOWNER'S ASSOCIATION: Seller warrants and represents that there are no past due Homeowner's or Property Owner's Association dues, assessment, and/or fees owed on the Property, other than those collected at closing and if such warranty and representation is untrue, the Seller will reimburse SouTH LAND TITLE, LLC, on demand, for any sums paid by SouTH LAND TITLE, LLC to pay such dues, assessment, and/or fees, and any related penalty and interest. Seller recognizes their responsibility for all past due Homeowner's or Property Owner's Association dues, assessment, and/or fees. Should it develop at a later date, that Homeowner's or Property Owner's Association dues, assessment, and/or fees other than those collected at closing are due for prior years, seller agrees to make full settlement to SouTH LAND TITLE, LLC. Seller's Initials: Alt ..SJ/q 4.ERRORS AND OMISSIONS: In the event that any of the documents prepared in connection with the closing of 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 Sourn 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:-dL!d._ .I£!-t 5.NON-RESIDENT ALIEN: Seller is not a non-resident alien for purposes of United States Income Taxation. Seller's InitialsAM .J._& 6.INDEMNITY: SELLER HEREBY ACKNOWLEDGES THAT THEY HA VE EXECUTED THIS AFFIDAVIT WILLINGLY 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. A 1.,, �Seller's Initials:.Al::{_ !:.1...L:2 EXECUTED on February -i1-, 2020 SELLER'S SIGNATURE(S): dM�. �A/4 Ana Marie Mendez � {l � 422v4f 'Jacobo Mendez THE STATE OF TEXAS COUNTY OF HARRIS § § § SWORN TO, SUB Sf AIBED AND ACKNOWLEDGED BEFORE ME, by Ana Marie Mendez and JacoboMendez, on February , 2020. {�'\l 1p"''' \(.\M�ERLE'f nv-· \ �,�, "e''- �-�-�c%NotaN ?u1:>l\c. state oi iell.as ;:i..\� .. Jt.: Corl'lrl'I• Ell.p\res 09-04-202���-�-·.�- � i:1ns1NSON 1 ,,,?i;"o't'::...� t,tota!'/ 10 , 24, 302'34 �,,.., V k'''"\\,,. � Sourn TITLE, SoUTH TITLE, SOUTH TITLE, (b JSWA,Inc.\Q}}J M;tiga tion aml lluyo •t c_o�ultants . PO.Box 4'S56 Leesburg, VA £0177 . . (1-1' 54'0-668-694'5 (F} 866-635-658£ Jswa1@outloak. cam DATE: February I�, 2020 PROJECT NAME: TRACT#: ADDRESS: 16614 Oxnard Ln OWNER NAME: Ana Marie Mendez and Jacobo Mendez I/We, Ana Marie Mendez and Jacobo Mendez, 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. &v, 11/av_� ,11,1,.A, Ana Marie Mendez �s {;c�41� /Jacobo Mendez ;)-; v-;;2v;LD Date ;)-IL// J-D Date c:' 0 ro C 0) en "O Q) N ·c 0 £:::, <( (') 0 '" (I) Ol "' Q. "' C g �� o'C - 0. a. .. E.!! QC U\OI "' 0 "' u 01 () (·,J -J 0 u) � 0) 1..1 n> .J t/� --= n> E ,,,�-, ' <0 () 1.> r. ,,, ci -;; 0 m (, ) ' i� � H) r to 0 n ( ll () fl' ., " 00 (V) 0 m <.O I 0 N 0 N I 0... cc �� RP-2020-69038 02/14/2020 ER $40.00 GENERAL WARRANTY DEED NOTICE OF CONFIDENT!ALITY 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 INTERESTJN 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 HARRIS § § KNOW ALL MEN BY THESE PRESENTS: THAT, Ana Marie Mendez ancl Jacobo Mendez. hereinafter known as Grantor (whether one or more), of the City of Di l V \ V\ State of bCCL::W f' \ t-...,, for and in considera�ion of the sum of One Hunclre<l Twenty Seven Thousand Five Hundred and 00/100 Dollars($127,500.00) to Grantor paid by the City of Friendswood, Texas, the receipt and sufficiency of which is hereby acknowledged, has granted, soid and conveyed, and by these presents docs 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. 16614 Oxnard Ln,·Friendswood; TX 77546 TRACT 1: Lot Four (4), in Block Four (4), of Forest Creek, a subdivision•in Harris County, Texas, according to the m:ip or pbt thereof, recorded in Volume 239, Page 50, of the Map Records of Harris County, Texas TRACT 2: 0.556ACRES OFLAND SITUATED IN THE SARAH MCKISSICK SURVEY, A-549, HARRIS COUNTY, TEXAS, AND BEING A PART OF THAT CERTAIN 25.967 ACRE TRACT DESCRIBED IN A DEED TO CHARLES KORNE.GA Y, INC.,RECORDED IN HARRIS COUNTY CLERK'S FILE (HCCF) E-775705, AND BEING ALL THAT CERTAIN TRACT SHOWN AS TRACT 13.D ON THE TA.X ROLLS OF THE HARRIS COUNTY APPRAISAL DISTRICT AND UNDER ACCOUNT NUMBER 0432150000209, SAID 0.556 ACRES BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING at point marking the East corner of the herein described tract and the North corner of a certain 20875.65 square foot tract known as Tract 13E and described in a Deed of Trust filed under HCCF Y-517363, said point being the South corner ofLot4 and the co (Y) 0 0) 0 N 0 N 0... 0::: West corner of Lot 5, Block 4, Forest Creek Subdivision according to the Plat recorded in Volume 239, Page 50, Map Records of Harris County; THENCE, South 44 deg. 55 min. West, along the Northwest line of said Tract 13E, a distance of 367.57 feet to a point for corner on the Northeast bank of Clear Creek; THENCE, South 84 deg. 38 min. 53 sec. West, along the Northeast bank of Clear Creek, a distance of 93.87 feet to a point marking the West corner of the herein described tract and the South corner of Tract 13C as shown under Harris County tax account 0432150000208; THENCE, North 44 deg. 55 min. East, along the Southeast line of Tract 13C, a distance of 439.76 feet to a i1oint marking the North corner of the herein described tract at the South corner of Lot 3 �nd the West corner of Lot 4, Block 4, Forest Creek; '• THENCE, South 45 deg. 05 min. East (basis of bearing) along the Southwest line of Lot 4, Block 4, Forest Creek, a distance of 60.0 feet to the PLACE OF BEGINNING and containing 0.556 acres ofland. The above described property conveyed shall include all right, title and interest, if any, of Granter 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 encu�brances, conditions, covenants, restrictions, reservations, exceptions, rights-of way and easements appearing of record in the Official Public Records of Real Property of Harris 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 -� co (Y) 0 0) <.O I 0 N0NI 0... er: 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 except.ions to warranty·and conveyance described above.EXECUTED on FebruaryA, 2020 . . Grantor's Address: � Grantee's· Address: 910 S. Friendswood Dr. Friendswood, TX 77546 THE STATE OF TEXAS § . . § GRANTOR: /ka fJ1QM; � cl Ana Mar� Mende/? if�� »'�rt-(/ Jacobo Mendez ACKNOWLEDGMENT COUNTY OF GALVESTON§ This instrument was acknowledged befo,·e me on FebruaryA2020, by Ann Mnrie Mendezand Jacobo Mendez./ � . )�ow Notary Public.Signature ,,,��'t{:1;, KIMBERLEY ROBINSON �' ••••• q :.1,. • §f(j{'{t:iNotary Public, State of Texas'::;,'),;, .... Jf§ Comm. Expires 09-04-2022 ''11fiB\"'''" Notary ID 124130234 RECOIWED BY SOlJTH LAND TITLE LLC GFI/BOfW1900876 ,· o:) (Y) 0 O") <.O I 0 N 0 N I 0.. Ct'. Exhibit A In reference to the property or properties ("Property") conveyed by the Deed between Ana Marie Mendez and Jacobo Mendez 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. § 512 ! ct seq., identifies the use of disaster relief funds under§ 5170c, Haz.ard 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 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 Friendswood has applied for and been awarded federal funds pursuant to an agreement with the State for OR 4332 ("State-Local Agreement"), and herein incorporated by reference, making it a mitigation grant progrnm 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: I.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 a!l sides and functionally related to a designated open space or co (0 0 0) <D I 0 N 0 N I 0.... 0::: recreational use; ii.A public rest room; or iii.A structure that is compatible with op..:n 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 th� 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 N FIP for damage to structures on the property occurring after the date of the property settlement, except for pre-existing structures being relocated offthc 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 organiz.ation 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 enforct: 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. Tllis 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 orhcr than the title holder, which shall be recorded with the deed, or b)At the time of title rransfer, 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 co (") 0 0) <D I 0 N 0 N I 0.... 0::: interest to reve11 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 subgrancee), 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, arc 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 wil! 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 j uris<liction. 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 I or more of the fol!owing: 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 docs 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 applicacion shall not be affocted and shall remain valid and enforceable. �ari�z Jac;bo Mendez GRANTEE: co ("') 0 0) <D ! 0 N 0 N I 0.... 0::: RP-2020-69038 # Pages 8 02/14/2020 12:38 PM e-Filed & e-Recorded in the Official Public Records of HARRIS COUNTY DIANE TRAUTMAN COUNTY CLERK Fees $40.00 RECORDERS MEMORANDUM This instrument was received and recorded electronically and any blackouts, additions or changes were present at the time the instrument was filed and recorded. Any provision herein which restricts the sale, rental, or use of the described real property because of color or race is invalid and unenforceable under federal law. THE STATE OF TEXAS COUNTY OF HARRIS I hereby certify that this instrument was FILED in File Number Sequence on the date and at the time stamped hereon by me; and was duly RECORDED in the Official Public Records of Real Property of Harris County, Texas. Q�y� COUNTY CLERK HARRIS COUNTY. TEXAS 2/14/2020 City of Friendswood, Texas 910 S. Friendswood Drive Friendswood, TX 77546 RE: GF Number: BOFW1900876 SOIJT!l� -= ,..,..,.,... 1CI iiiiia ........ A.Aa:I .... a TEXAN*Tm.E CoMPANY Seller: Ana Marie Mendez and Jacobo Mendez Buyer/Borrower: City of Friendswood, Texas Property: 16614 Oxnard Ln 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 home, 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 1100 Gulf Freeway, #100, League City, Texas 77573•(281)338-2225•Fax (281)338-2205 SOUTH LAND TITLE, LLC PRIVACY POLICY PURPOSE OF TIIlS 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 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 COMPANY 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 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 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 lenderUnless 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 FOIUvfER 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 COMPANY ON ANY MATTER RELATED TO YOUR CONTRACT. (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 (ti) 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: 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 of land; or (iv)environmental protection; or the effect of any violation of these laws, ordinances or governmental regulations. This Exclusion 1 (a) does not modify or limit the coverage provided under Covered Risk 5. (b)Any governmental police power. This Exclusion 1(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. BOFW1900876 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)'1nsured": 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 beneficiary 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 S(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. 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 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 ◊) 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 ◊) 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. When, 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 policy 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 orFile No. BOFW1900876 Owner's Policy of Title Insurance (T-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: (1) institute the necessary proceedings to clear the lien, encumbrance, adverse claim or defect from the Title as insured; (ti) 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 (vD undertake a combination of (1) 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 poli cy, 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 (ti) 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 exarnination,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 the 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 adminis tration 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. BOFW!900876 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 Insurance. To pay or tender payment of the Amount of Insurance 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 or tender of payment and that the 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 (ti) 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 and that 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 required to 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 has suffered 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 (ti) 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 Insurance 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 the Insured 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 in accordance 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 or from 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 shall not 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 liability for loss or damage until there has been a final determination by a court of competent jurisdiction,and disposition of all appeals, adverse to 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 claim or 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 the amount 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 is taken 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.'l:ed in accordance with these Conditions, the payment shall be made within 30 days. 13.RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT. (a)Whenever the Company shall have settled and paid a claim under this poli cy, 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 person or property, to the extent of the amount of any loss, costs, attorneys' fees and expenses paid by the Company. If requested by theFile No. BOFW1900876 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 Title Insurance Arbitration Rules of the American Land Title Association ("Rules"). Except as provided in the Rules, there shall be no joinder or consolidation with claims or controversies of other persons. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Insured arising out of or relating to this policy, any service in connection with its issuance or the breach of a policy provision, or to any other controversy or claim arising out of the transaction giving rise to this policy. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured, unless the Insured is an individual person (as distinguished from an Entity). All arbitrable matters when the Amount of Insurance is in excess of $2,000,000 shall be arbitrated only when agreed to by both the Company and the Insured. Arbitration pursuant to this policy and under the Rules shall be binding upon the parties. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court of competent jurisdiction.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 Insured and 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 this policy. ( c) Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized person, or expressly incorporated 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. Except as the endorsement e:q,ressly states, it does not (� modify any of the terms and provisions of the policy, (u) modify any prior endorsement, (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 the term 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 the Conditions 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 policy shall be deemed 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 the premium charged therefor 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 claims against the Title that are adverse to the Insured, and in interpreting and enforcing the terms of this policy. In neither case shall the court or 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 Policy must be given to the Company at 6710Stewart Road, Suite 300, Galveston, Texas 77551.File No. BOFWl 900876 Owner's Policy of Title Insurance (T-1) -Version 1/3/14 � >. \... 0 ro C -0 (!) N ·; : : 0 C0 0 (' ) (l l 0) m "' C � 0 �� ... ,� 2 Q. Q. L Ez 0 C Ul a ! Cl J " (' U> '" :n I) n: ) ) 'fl ? { > ( " ' ,J , ,- 2/14/2020 City of Friendswood) Texas 910 S. Friendswood Drive Friendswood, TX 7'�546 SOUT!_� a ThxAN*Tm.E CoMPANY RE: GF Number: IBOFW1900876 Seller: Ana N1arie Mendez and Jacobo Mendez Buyer/Borrower: City of Friendswood, Texas Property: 16614 Oxnard Ln Friendswood, TX 77546 Closer Name: Shebette Boman Dear Policyholder, In connection with tJe 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 home, as we cJ process your transaction quickly. Remember to file for your homestead exemption with the central appraisal district, if applicable. Should you have an) questions or if we can be of further assistance, please do not hesitate to contact us. Irene A. Lozano Policy Department /sc 1100 GulfFreefVay, #100, 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 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 COMPANY 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 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 COMPANY ON ANY MATTER RELATED TO YOUR CONTRACT. (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: �) to be timely, or (ti) 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 1 (a) does not modify or limit the coverage provided under Covered Risk 5. (b)Any governmental police power. This Exclusion 1(6) 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 ta."\:es 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. BOFW1900876 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: Ca ) "Amount of Insurance": 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. Cc) "Entity'': A corporation, partnership, trust, limited liability company or other similar legal entity. Cd) "Insured": the Insured named in Schedule A. CD The term "Insured" also includes: CA) successors to the Title of the Insured by operation of law as distinguished from purchase, including heirs, devisees, survivors, personal representatives or ne."'t of kin; (B) successors to an Insured by dissolution, merger, consolidation, distribution or reorganization; CC)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; Cl) If the stock, shares, memberships, or other equity interests of the grantee are wholly-owned by the named Insured, C2) If the grantee wholly owns the named Insured, C3) 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 C4) If the grantee is a trustee or beneficiary of a trust created by a written instrument established by the Insured named in Schedule A for estate planning purposes. (11") With regard to CA), (B), CC) and (D) reserving, however, all rights and defenses as to any successor that the Company would have had against any predecessor Insured. Ce ) "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. CD "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 SCd), "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. 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 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 C,.) an estate or interest in the Land, or C,.i) 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 C,.) in case of any litigation as set forth in Section SCa) below, or (u") 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. When, 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 policy 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. BOFW\900876 Owner's Policy of Title Insurance (f-l) -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: (1) 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 e.."ception 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 furnish a signed proof of loss. The proof of loss 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 (1) in securing evidence, obtaining witnesses, prosecuting or defendingthe action or proceeding, or effecting settlement, and (J.i) 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 furnishthe required cooperation, the Company's obligations to the Insured under the policy shall terminate, including any 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,inspectionand 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. BOFW1900876 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 oflnsurance.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 (i..t), 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(u)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 Insurance 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 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 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 the Company. If requested by theFile No. BOFWl 900876 Owner's Policy of Title Insurance (T-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 Joss. (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 Title Insurance Arbitration Rules of the American Land Title Association ("Rules''). Except as provided in the Rules, there shall be no joinder or consolidation with claims or controversies of other persons. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Insured arising out of or relating to this policy, any service in connection with its issuance or the breach of a policy provision, or to any other controversy or claim arising out of the transaction giving rise to this policy. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured, unless the Insured is an individual person (as distinguished from an Entity). All arbitrable matters when the Amount oflnsurance is in excess of $2,000,000 shall be arbitrated only when agreed to by both the Company and the Insured. Arbitration pursuant to this policy and under the Rules shall be binding upon the parties. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court of competent jurisdiction. 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 Insured and 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 this policy. (c)Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized person, or expressly incorporated 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. Except as the endorsement ell.-pressly states, it does not (i) modify any of the terms and provisions of the policy, (u') modify any prior endorsement, (.ti.t') 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 the term 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 the Conditions 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 policy shall be deemed 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 the premium charged therefor 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 Jaw of the jurisdiction where the Land is located to determine the validity of claims against the Title that are adverse to the Insured, and in interpreting and enforcing the terms of this policy. In neither case shall the court or 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 Policy must be given to the Company at 6710Stewart Road, Suite 300, Galveston, Texas 77551. File No. BOFW1900876 Owner's Policy of Title Insurance (T-1) • Version 1/3/14 I 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 PR OPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. of 00 ('() 0 0) 0 N 0 N 0.... 0:: West corner of Lot 5, Block 4, Forest Creek Subdivision according to the Plat recorded in Volume 239, Page 50, Map Records of Harris County; THENCE, South 44 deg. 55 min. West, along the Northwest line of said Tract 13E, a distance of 367.57 feet to a point for corner on the Northeast bank of Clear Creek; THENCE, South 84 deg. 38 min. 53 sec. West, along the Northeast bank of Clear Creek, a distance of 93.87 feet to a point marking the West corner of the herein described tract and the South corner of Tract 13C as shown under Harris County tax account 0432150000208; THENCE, North 44 deg. 55 min. East, along the Southeast line of Tract 13C, a distance of 439.76 feet to a point marking the North corner of the herein described tract at the South corner of Lot 3 �nd the West corner of Lot 4, Block 4, Forest Creek; '• THENCE, South 45 deg. 05 min. East (basis of bearing) along the Southwest line of Lot 4,Block 4, Forest Creek, a distance of 60.0 feet to the PLACE OF BEGINNING andcontaining 0.556 acres ofland. The above described property conveyed shal l 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 pro perty, (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 pr operty. This conveyance is made by Granter and accepted by the City subject to all valid and subsisting encu�brances, conditions, covenants, restrictions, reservations, exceptions, rights-of way and easements appearing of record in the Official Public Records of Real Property of Harris 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 Granter does hereby bind himself, his, herself, her itself, its themselves, their, heirs, executors and administrators, its successors and ass igns to Warrant and Forever Defend all ',S! co (Y) 0 0) <D I 0 N 0 N I 0... a:: 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 February J:1_, 2020. Grantqr's Address: � Grantee's· Address: 910 S. Friendswood Dr. Friendswood, TX 77546 THE STATE OF TEXAS § GRANTOR: (fk(J_ /)1cw� � d Ana Marj Mendez / (/�#0 ;;z_ rr·Jacobo Mendez ACKNOWLEDGMENT § COUNTY OF GALVESTON§ This instrument was acknowledged before me on February A 2020, by Ana Mnrie Mendez and Jneobo Mende,. )� .l���lZ}�. �IMBERLEY ROBINSON§,f( ... fl . .,;;{t:% Notary Public, State of Texas%,�;:.!:�--;,-"'$ Comm. Expires 09-04-2022 '111fi�i,t," Notary ID 124130234 Notary Public.Signature RECORDED BY 'SOUTH LAND TITLE LLC GF # BOFW1900876 co ('I') 0 0) (0 I 0 N 0 N I 0... Q'.'. Exhibit A In reference to the property or properties ("Property") conveyed by the Deed between Ana Marie Mendez and Jacobo Mendez 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 assi stance to acquire interests in property, including the purchase of structures in the floodplain, to dem<Jlish 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 Friendswo od has applied for and been awarded federal funds pursuant to an agreement with the State for OR 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: I.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 perpe tuity 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 co (Y) 0 (J) <.O I 0 N 0 N I 0... a:: 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 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 organi zation. 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 docs 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 CX) ('0 0 0) 0 N 0 N 0... er:: interest to revery: 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 subgrantec), in coordination with any current successor in interest, sh all 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 conve yance, and the grant award. 4.Enforcement. The Grantee (mitigation grant program subgrantee), the State, FEMA, and their respective representatives, successors and assigns, arc responsible for taking measures to bring the Property back into compliance if the Property is not maintained according to the tenns 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 ro 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 I 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 docs not affect the fundamental and statutory purposes underlying the agreemenc. 6.Severability. Should any provision of this 3r:int 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. co (Y) 0 0) <D I 0 N 0 N I Q_ 0:: GRANTOR(S): Hht""'�-�c} 41/?✓4£�� /Jacobo Mendez •• GRANTEE: --v/ .. �/� Mor:id Ka!Jiri, City Manager City of Fricr11lswood, Tcx:1s a:) ('0 0 0) <.D I 0 N 0 N I 0.. 0::: RP-2020-69038 # Pages 8 02/14/2020 12:38 PM e-Filed & e-Recorded in the Official Public Records of HARRIS COUNTY DIANE TRAUTMAN COUNTY CLERK Fees $40.00 RECORDERS MEMORANDUM This instrument was received and recorded electronically and any blackouts, additions or changes were present at the time the instrument was filed and recorded. Any provision herein which restricts the sale, rental, or use of the described real property because of color or race is invalid and unenforceable under federal law. THE STATE OF TEXAS COUNTY OF HARRIS I hereby certify that this instrument was FILED in File Number Sequence on the date and at the time stamped hereon by me; and was dulv RECORDED in the Official Public Records of Real Property of Harris County, Texas. Q�¼� COUNTY CLERK HARRIS COUNTY. TEXAS A. Settlement Statement OMB No. 2502-0265 1. ❑ FHA 2. ElFm HA 3. ❑ Conv Unins 6. File Number 7. Loan Number 8. Mortgage Ins Case Number 4. O VA 5. [3 Conv Ins. 6. O Seller Finance BOFW 1900876 7. ® Cash Sale. C. Note: This form is furnished to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent are shown. Items marked "( .o.c.)° were paid outside the closing; theyare shown here for informational purqMpomses and are not included in the totals. D. Name & Address of Borrower E. Name & Address of Seller F. Name & Address of Lender City or Friendswood, Texas Ana Marie Mendez and Jac abo Mendez 910 S. Friendswood Drive Frieudswood, TX 77546 G. Property Location H. Settlement Agent Name South Land Title, LLC Forest Creek, Block 4, Lot 4, Harris County 6710 Stewart Road 16614 Oxnard Lo Suite 200 Friendswood, TX 77546 Galveston, TX 77551 Tax ID: 27-1152905 Underwritten By: Texan Title Insurance Company TR 13D Abst 549 S McKissick Harris TX Place of Settlement 1. Settlement Date 0 W Bay Area Blvd South Land Title, LLC- Commercial Div. 2/14l2020 Friendswood, TX 77546 1100 Gulf Freeway, Suite 100 Fund'. League City, TX 77573 J. Summary of Borrower's Transaction K. Summary of Seller's Transaction 100. Gross Amount Due from harrower 400. Gross Amount Due to Seller 101, Contract Sales Price $127,500.00 401. Contract Sales Price $127,500.00 102. Personal Property 402. Personal Property 103. Settlement Charges to borrower $1,097.50 403. 104. 404, 105. 405. Adjustments for items paid by seller in advance Adjustments for items paid by seller in advance 106. City property taxes 406. City property taxes 107. County property taxes 407. County property taxes 108. HOA 408. HOA 109. School property taxes 409. School property taxes 110. MUD taxes 410. MUD taxes 111. Flood Insurance 411. Flood Insurance 112. 412. 113. 413, 114. Reimb Seller for Upfront HOA Fee 414, 115, 415, 116. 416. 120. Gross Amount Due From Borrower S128,597.50 420. Gross Amount Due to Seller S127,500.00 200. Amounts Paid By Or in Behalf Of Borrower 500. Reductions in Amount Due to Seller 201. Deposit or earnest money 501. Excess Deposit 202. Principal amount of new loan(s) 502. Settlement Charges to Seller (line 1400) $939.51 203. Existing loan(s) taken subject to 503. Existing Loan(s) Taken Subject to 204. Loan Amount 2nd Lien 504. Payoff of First Mortgage loan to 205. 505. Payoff of Second Mortgage to Loan 206. 506, 207. Closing Costs Paid by JSWA, Inc $120.50 507. 208. 508, 209. 509. Adjustments for items unpaid by seller Adjustments for items unpaid by seller 210. City property taxes 510. City prop" taxes 211. County property taxes 511. County property taxes 212. HOA 512. HOA 213. School property taxes 1 513. School property taxes 214. MUD taxes 514. MUD taxes 215. Flood Insurance 515. Flood Insurance 216. 516. 217. 517. 218. 518. 219. 519. 220. Total Paid By/For Borrower $120.50 520. Total Reduction Amount Due Seller S939.51 300. Cash At Settlement FronvTo Borrower 600. Cash At Settlement To/From Seller 301. Gross Amount due from borrower (line 120) S128,597.50 601. Gross Amount duc to seller (line 420) $127,500.00 302. Less amounts paid by/for borrower (line 220) $120.50 602. Less reductions in amt. due seller (line 520) 5939.51 303. Cash From Borrower $128,477.00 603. Cash To Seller 5126,560.49 Previous Editions are Obsolete form HUD-1 (3/86) Handbook 4305.2 File No, BOFW 1900876 L Settlement Charees 700. Total Sales/Broker's Commission based on price 5127,500.00 @ % - 50.00 Paid From Borrowers Funds at Settlement Paid From Seller's Furls at Settlement Division of Commission (line 700) as follows: 701. to 702. to 703, Commission Paid at Settlement $0.00 50.00 7i)C The following parties, persons, firms or to 705. corporations have received a portion of to 706. the real estate commission shown above. to 800. Items Payable in Connection with Loan 801. Loan Origination Fee % to 802. Loan Discount % to 803. Appraisal Fee to 804. Credit Report to 805. Lenders Inspection Fee to 806. Mortgage Insurance Application to 807. Assumption Fee to 808, Flood Certification Fee to 900. Items Required by Leader To Be Paid in Advance 901. Interest from 2/14/2020 to 3/1/2020 Cn SO/day 902. Mortgage Insurance Premium for months to 903. Hazard Insurance Premium for years to 904. Flood Insurance for year(s) to 905. Windstorm Insurance for year(s) to 1000. Reserves Deposited With Leader 1001. Hazard insurance months n per month 1002. Mortgage insurance months Q per month 1003. City property tares months (; ju per month 1004. County property taxes months ® per month 1005. HOA months ® per month 1006. School property taxes months co per month 1007. MUD Taxes months Q per month 1008. Flood Insurance months @ per month 1009. Other Taxes 0 months 101 I, Aggregate Adjustment i I00. Title Charges 1 101. Settlement or closing fee to South Land Title, LLC 550.00 1102. Abstract or tide search to 1103. Title examination to 1104. Title insurance binder to 1105. Document preparation to 1106. Notary fees to 1107. Attorney's fees to (includes above items numbers: ) 1108. Title insurance to South Land Title, LLC $977.00 (includes above items numbers: 1 1109. Lenders coverage SO.00/50.00 . 1110. Owners coverage $127,500.00/5977.00 till. Escrow fee to South Land Title, LLC 1112. State of Texas Policy Guaranty Fee to Texas Title Insurance Guaranty Association 52.00 $0.00 1113. to 1114. Tax certificates to Realty Tax Search, Inc. $25.00 1115, Title Premium split 85% to South Land Title, LLC 1116, Title Premium split 15% to Texan Title Insurance Company 1117. E-Recording Fees to South Land Title, LLC 1200. Government Recording and Transfer Charges 1201. Recording Fees Deed 543.30 ; Mongage ; R l to South Land Title, LLC S43.50 1202. City/county tax/stamps Deed : Mortgage to 1203. State uWstamps Deed : Mortgage to . 1204. Additional Recording to South Land Title, LLC t300. Additional Settlement Charges 1301. HOA Transfer Fee to RealM1lanage 5510.00 1302, Overpayment of HOA Tmnsfcr Fee to Harris County Flood Control District 1303. 2020 Prorated County Tax to 2/14-Lot 4 to Ann Barris Bennett - Tax Assessor Collector $45.77 1304. 2020 Prorated County Tax to 2/14-Tr 13D to Ann, Harris Bennett - Tax Assessor Collector S2 12 1305. 2020 Prorated School tax to 2/14-Lot 4 to Clear Creek ISD Tax Office 5197.48 1306. 2 320 D Prorated School tar to 2/14-Tr to Clear Creek ISD Tax Omce 54.61 1307. 2020 Prorated City Tax to 2/14-Lot 4 to City of F-rieadswood Tax Office 538.61 1308. 2020 Prorated City Tax to 2/14-Tr 13D to City of Friendswood Tax Office S1.80 1309. 2020 HOA to Forest Bend Homeowners Association $139.12 1400. Total Settlement Charges (enter on lines 103, Section J and 502, Section K) =.._ .._-_e.n.. -_..: _..._a - t rn_ t c...a_...-.., t,,a.., - en.t m lhw 1-. „f - 4-AM m- wvl IAief it is a tnw- and necurste $1,097.50 statement of all receints $939.51 and disbursements made on my account or by me in this transaction. I further certify that 1 have received a completed copy of pages I, 2 and 3 of this HUD-1 Settlement Statement. City of Priendswood. Texas 41/ I�\ 'Ana Marie Mende By: Moradd Kabiri, City Manager Gam-- - cobo Mendez SETTLEMENT AGENT CERTIFICATION The HUD- I Settlement Statement which 1 hate prepared is a true and accurate account of thi nsaaion. I have caused the funds to be disbursed in accord c 'statement. Sens ment Agent D PrcAous Editions are Obsolete rorm HUD-1(3186) Handbook 4303.2 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 HARRIS THAT, Ana Marie Mendez and Jacobo Mendez. hereinafter known as Grantor (whether one or more), of the City of 401 U � r\ , State of PX(-7t) f � e,- , for and in consideration of the sum of One Hundred Twenty Seven Thousand Five Hundred and 00/100 Dollars($127,500.00) 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. 16614 Oxnard Ln, Friendswood, TX 77546 TRACT 1: Lot Four (4), in Block Four (4), of Forest Creek, a subdivision in Harris County, Texas, according to the map or plat thereof, recorded in Volume 239, Page 50, of the Map Records of Harris County, Texas TRACT 2: 0.556 ACRES OF LAND SITUATED IN THE SARAH MCKISSICK SURVEY, A- 549, HARRIS COUNTY, TEXAS, AND BEING A PART OF THAT CERTAIN 25.967 ACRE TRACT DESCRIBED IN A DEED TO CHARLES KORNEGAY, INC.,RECORDED IN HARRIS COUNTY CLERK'S FILE (HCCF) E-775705, AND BEING ALL THAT CERTAIN TRACT SHOWN AS TRACT 13D ON THE TAX ROLLS OF THE HARRIS COUNTY APPRAISAL DISTRICT AND UNDER ACCOUNT NUMBER 0432150000209, SAID 0.556 ACRES BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING at point marking the East corner of the herein described tract and the North corner of a certain 20875.65 square foot tract known as Tract 13E and described in a Deed of Trust filed under HCCF Y-517363, said point being the South corner of Lot 4 and the West corner of Lot 5, Block 4, Forest Creek Subdivision according to the Plat recorded in Volume 239, Page 50, Map Records of Harris County; THENCE, South 44 deg. 55 min. West, along the Northwest line of said Tract 13E, a distance of 367.57 feet to a point for corner on the Northeast bank of Clear Creek; THENCE, South 84 deg. 38 min. 53 sec. West, along the Northeast bank of Clear Creek, a distance of 93.87 feet to a point marking the West corner of the herein described tract and the South corner of Tract 13C as shown under Harris County tax account 0432150000208; THENCE, North 44 deg. 55 min. East, along the Southeast line of Tract 13C, a distance of 439.76 feet to a point marking the North corner of the herein described tract at the South corner of Lot 3 and the West corner of Lot 4, Block 4, Forest Creek; THENCE, South 45 deg. 05 min. East (basis of bearing) along the Southwest line of Lot 4, Block 4, Forest Creek, a distance of 60.0 feet to the PLACE OF BEGINNING and containing 0.556 acres of land. 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 Harris 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 February , 2020. Grantor's Address: Grantee's Address: 910 S. Friendswood Dr. Friendswood, TX 77546 GRANTOR: L-C bf�c' )�&n Ana Mari Mendez Jacobo Mendez ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF GALVESTON§ This instrument was acknowledged before me on February A, 2020, by Ana Marie Mendez and Jacobo Mendez. Notary Public Signature Oti „ tµY pUBI i KIMBERLEY ROBINSON Notary Public, State of Texas Comm. Expires 09 04.2022 Notary ID 124130234 RECORDED BV SOUTH LAND TITLE LLC GF # BOFW1900876 Exhibit A In reference to the property or properties ("Property") conveyed by the Deed between Ana Marie Mendez and Jacobo Mendez 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 La., 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 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 I 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): � 7ryt� Ana Marie Mendez i Jacobo Mendez GRANTEE: Morad Kabiri, City Manager City of Friendswood, Texas AFFIDAVIT AS TO DEBTS, LIENS, POSSESSION AND TAXES (for Sales Only) GF# BOFW1900876 Unit Tract# SUBJECT PROPERTY: ADDRESS: 16614 Oxnard Ln, Friendswood, TX 77546 LEGAL DESCRIPTION: TRACT 1: Lot Four (4), in Block Four (4), of Forest Creek, a subdivision in Harris County, Texas, according to the map or plat thereof, recorded in Volume 239, Page 50, of the Map Records of Harris County, Texas TRACT 2: 0.556 ACRES OF LAND SITUATED IN THE SARAH MCKISSICK SURVEY, A- 549, HARRIS COUNTY, TEXAS, AND BEING A PART OF THAT CERTAIN 25.967 ACRE TRACT DESCRIBED IN A DEED TO CHARLES KORNEGAY, INC.,RECORDED IN HARRIS COUNTY CLERK'S FILE (HCCF) E-775705, AND BEING ALL THAT CERTAIN TRACT SHOWN AS TRACT 13D ON THE TAX ROLLS OF THE HARRIS COUNTY APPRAISAL DISTRICT AND UNDER ACCOUNT NUMBER 0432150000209, SAID 0.556 ACRES BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING at point marking the East corner of the herein described tract and the North corner of a certain 20875.65 square foot tract known as Tract 13E and described in a Deed of Trust filed under HCCF Y- 517363, said point being the South corner of Lot 4 and the West corner of Lot 5, Block 4, Forest Creek Subdivision according to the Plat recorded in Volume 239, Page 50, Map Records of Harris County; THENCE, South 44 deg. 55 min. West, along the Northwest line of said Tract 13E, a distance of 367.57 feet to a point for corner on the Northeast bank of Clear Creek; THENCE, South 84 deg. 38 min. 53 sec. West, along the Northeast bank of Clear Creek, a distance of 93.87 feet to a point marking the West corner of the herein described tract and the South corner of Tract 13C as shown under Harris County tax account 0432150000208; THENCE, North 44 deg. 55 min. East, along the Southeast line of Tract 13C, a distance of 439.76 feet to a point marking the North corner of the herein described tract at the South corner of Lot 3 and the West corner of Lot 4, Block 4, Forest Creek; THENCE, South 45 deg. 05 min. East (basis of bearing) along the Southwest line of Lot 4, Block 4, Forest Creek, a distance of 60.0 feet to the PLACE OF BEGINNING and containing 0.556 acres of land. NOTE: The Company is prohibited from insuring the area or quantity of the land described herein. Any statement in the above legal description of the area or quantity of land is not a representation that such area or quantity is correct, but is made only for informational and/or identification purposes and does not override item 2 of Schedule B hereof. BEFORE ME, the undersigned authority, on this day personally appeared Ana Marie Mendez and Jacobo Mendez, 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. 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: 1%frGn -"' 2. 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: Approximate Amount: 3. No Mortgage liens of any kind against such property except the following: Secured Party: 42- Approximate Amount: C7 IT IS UNDERSTOOD BY THE UNDERSIGNED THAT THE PAYOFF AMOUNT (S) ON LOANS LISTED ABOVE IS/ARE IN ACCORDANCE WITH STATEMENTS GIVEN BY THE LENDING INSTITUTIONS AND SHOULD THE NOTE HOLDER REQUIRE ANY ADDITIONAL AMOUNT IN ORDER TO RELEASE SAID INDEBTEDNESS THE UNDERSIGNED AGREES TO PAY THE ADDITIONAL AMOUNT AND HOLD THE COMPANY AND ITS UNDERWRITER HARMLESS FROM SUCH ADDITIONAL AMOUNT AND ANY OTHER LIEN INCLUDING AD VALOREM TAXES NOT SPECIFICALLY REFERENCED 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 I/We 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. I/We 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 February A, 2020 SELLER'S SIGNATURE(S): C Rave 4PI na Marie Mendez acobo Mendez STATE OF TEXAS COUNTY OF SWORN TO, SUBSCRIBED AND ACKNOWLEDGED BEFORE ME, BY Ana Marie Mendez and Jacobo Mendez,on February , 2020. Notary Public, State of Texas Notary's Printed Name ERLEY ROBINSON ublic. State of Texas My Commission expires: [=:IOBINSON . Expires 09-04-2022ry Id 124130234 SOUTH LAND TITLE, LLC Title Company Disclosure GF # BOFW1900876 Unit Tract# BUYER/BORROWER(S): City of Friendswood, Texas SELLER(S): Ana Marie Mendez and Jacobo Mendez PROPERTY ADDRESS: 16614 Oxnard Ln Friendswood, TX 77546 LEGAL DESCRIPTION: TRACT 1: Lot Four (4), in Block Four (4), of Forest Creek, a subdivision in Harris County, Texas, according to the map or plat thereof, recorded in Volume 239, Page 50, of the Map Records of Harris County, Texas TRACT 2: 0.556 ACRES OF LAND SITUATED IN THE SARAH MCKISSICK SURVEY, A- 549, HARRIS COUNTY, TEXAS, AND BEING A PART OF THAT CERTAIN 25.967 ACRE TRACT DESCRIBED IN A DEED TO CHARLES KORNEGAY, INC.,RECORDED IN HARRIS COUNTY CLERK'S FILE (HCCF) E-775705, AND BEING ALL THAT CERTAIN TRACT SHOWN AS TRACT 13D ON THE TAX ROLLS OF THE HARRIS COUNTY APPRAISAL DISTRICT AND UNDER ACCOUNT NUMBER 0432150000209, SAID 0.556 ACRES BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING at point marking the East corner of the herein described tract and the North corner of a certain 20875.65 square foot tract known as Tract 13E and described in a Deed of Trust filed under HCCF Y-517363, said point being the South corner of Lot 4 and the West corner of Lot 5, Block 4, Forest Creek Subdivision according to the Plat recorded in Volume 239, Page 50, Map Records of Harris County; THENCE, South 44 deg. 55 min. West, along the Northwest line of said Tract 13E, a distance of 367.57 feet to a point for corner on the Northeast bank of Clear Creek; THENCE, South 84 deg. 38 min. 53 sec. West, along the Northeast bank of Clear Creek, a distance of 93.87 feet to a point marking the West corner of the herein described tract and the South corner of Tract 13C as shown under Harris County tax account 0432150000208; THENCE, North 44 deg. 55 min. East, along the Southeast line of Tract 13C, a distance of 439.76 feet to a point marking the North corner of the herein described tract at the South corner of Lot 3 and the West corner of Lot 4, Block 4, Forest Creek; THENCE, South 45 deg. 05 min. East (basis of bearing) along the Southwest line of Lot 4, Block 4, Forest Creek, a distance of 60.0 feet to the PLACE OF BEGINNING and containing 0.556 acres of land. 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: PRORATIONS: Property taxes for the current year have been prorated. Seller, who each acknowledge and understand that these proration are: (a) amounts provided to Sourn 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. SUPPLEM ENTALS: 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 1 st, 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 frill settlement to the taxing entities or to SOUTH LAND TITLE, LLC. Seller's Initials: ,,� 14 2. D BURSEMENT AUTHORIZATION Seller hereby authorizes SoLrrn LAND TITLE, 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 of a copy of the Statement. Seller's Initials: 1�11f _4 `" 1 3. H-QMEOWNER'S ASSOCIATION: Seller warrants and represents that there arc no past due Homeowner's or Property Owner's Association dues, assessment, and/or fees owed on the Property, other than those collected at closing and if such warranty and representation is untrue, the Seller will reimburse SOUTH LAND TITLE, LLC, on demand, for any scans paid by SOUTH LAND TITLE, LLC to pay such dues, assessment, and/or fees, and any related penalty and interest. Seiler recognizes their responsibility for all past dire Homeowner's or Property Owner's Association dues, assessment, and/or fees. Should it develop at a later date, that Homeowner's or Property Owner's Association dues, assessment, and/or fees other than those collected at closing are due for prior years, seller agrees to make full settlement to SOUTH LAND TITLE, LLC. Seller's Initials: 4. ERRORS AND OMISSIONS: In the event that any of the documents prepared in connection with the closing of 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 TrrLE, LLC , or to a mutual mistake on the part of SOUTH LAND Trnx, LLC and/or the Seller, the undersigned agree to execute, in a timely manner, such correction documentation as SoLYrn LAND TME, LLC may deem necessary to remedy such inaccuracy or misstatement. Seller's Initials:/ D� 5. NON-RESIDENT ALIEN: Seller is not a non-resident alien for purposes of United States Income Taxation. Seller's InitiaisAm 6. INDEMNITY: SELLER HEREBY ACKNOWLEDGES THAT THEY HAVE EXECUTED THIS AFFIDAVIT WILLINGLY AND OF THEIR OWN FREE VOLITION, AND HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS SOUTH LAND TrrLE, LLC ITS TITLE INSURANCE UNDERWRITER, FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, COST, EXPENSE, CLAIM, ACTION OR CAUSE OF ACTION ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE DISCLOSURES AND REPRESENTATIONS CONTAINED HEREIN. /A� Seller's lnitials;J`t� EXECUTED on February A, 2020 SELLER'S SIGNATURE(S): na Marie Mendez V, Jacobo Mendez THE STATE OF TEXAS COUNTY OF HARRIS SWORN TO, SUBBED AND ACKNOWLEDGED BEFORE ME, by Ana Marie Mendez and Jacobo Mendez, on February , 2020. •-r'�gINSON NOTARY PUBLIC STATE OF TEXAS A+1Otq, K1MgERLEY S �te of Sexas public- s p9_04.7.022 m. ire 3 =_ Q, Dom �2g1302 q AFFILIATED BUSINESS ARRANGEMENT DISCLOSURE STATEMENT NOTICE FROM: PATRICK F. DOYLE GF#: BOFW1900876 Unit Tract# This is to give you notice that PATRICK F. DOYLE has a business relationship with and ownership interest in REALTY TAX SEARCH, INC. and TEXAN TITLE HOLDINGS, LLC, which is the parent company of SOUTH LAND TITLE, LLC. PATRICK F. DOYLE, sole owner of the law firm of DOYLE LAW FIRM, PLLC, is also the sole owner of TEXAN TITLE HOLDINGS, LLC, which is the parent company of SOUTH LAND TITLE, LLC (real estate closing services), and REALTY TAX SEARCH, INC. (which provides ad valorem tax services and collects, stores and disseminates real estate information). Set forth below is the estimated charge or range of charges of the settlement services listed. You are NOT required to use the listed providers as a condition for closing your transaction of the subject property. THERE ARE OTHER SETTLEMENT SERVICE PROVIDERS AVAILABLE WITH SIMILAR SERVICES. YOU ARE FREE TO SHOP AROUND TO DETERMINE THAT YOU ARE RECEIVING THE BEST SERVICES AND THE BEST RATE FOR THESE. SERVICES. Provider and Settlement Services Charge or Range of Charles: SOUTH LAND TITLE, LLC (premium fees as set by State Board of Insurance and vary depending on value of transaction and credits available to consumer) Realty Tax Search S25.00 ACKNOWLEDGEMENT I/we have read this disclosure form, and understand that Patrick F. Doyle is referring me/us to purchase the above - described settlement services and may receive a financial or other benefit as the result of this referral. SELLER'S SIGNATURES: {00028567.DOC} JS 147A, Inc. .&H Ugga don and Buyout Consultants DATE: PROJECT NAME: TRACT #: ADDRESS: OWNER NAME: February 14, 2020 16614 Oxnard Ln PO Box 4s66 Leesburg VA So177 n t� so-ssc� sQd (FJ sss ss0-s5SR Jsival(goudook. corn Ana Marie Mendez and Jacobo Mendez 1/We, Ana Marie Mendez and Jacobo Mendez, 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. Ana Marie Mendez Jacobo Mendez Date �_ y- a 0 Date RP-2020-69038 02/14/2020 ER $40.00 00 CO O d') 6 N O N Ws 7 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 HARRIS § THAT, Ana Marie Mendez and Jacobo Mendez. hereinafter known as Grantor (whether one or more), of the City of i�' V � {/\ , State of Q o {" � r , , for and in consideration of the sum of One Hundred Twenty Seven Thousand Five Hundred and 00/100 Dollars(5127,500.00) 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. 16614 Oxnard Ln, Friendswood, TX 77546 TRACT l: Lot Four (4), in Block Four (4), of Forest Creek, a subdivision in Harris County, Texas, according to the map or plat thereof, recorded in Volume 239, Page 50, of the Map Records of Harris County, Texas TRACT 2: 0,556 ACRES OF LAND SITUATED IN THE SARAH MCKISSICK SURVEY, A- 549, HARRIS COUNTY, TEXAS, AND BEING A PART OF THAT CERTAIN 25.967 ACRE TRACT DESCRIBED IN A DEED TO CHARLES KORNEGAY, INC.,RECORDED IN HARRIS COUNTY CLERK'S FILE (HCCF) E-775705, AND BEING ALL THAT CERTAIN TRACT SHOWN AS TRACT 13D ON THE TAX ROLLS OF THE HARRIS COUNTY APPRAISAL DISTRICT AND UNDER ACCOUNT NUMBER 0432150000209, SAID 0.556 ACRES BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING at point marking the East corner of the herein described tract and the North corner of a certain 20875.65 square foot tract known as Tract 13E and described in a Deed of Trust filed under HCCF Y-517363, said point being the South corner of Lot 4 and the West corner of Lot 5, Block 4, Forest Creek Subdivision according to the Plat recorded in Volume 239, Page 50, Map Records of Harris County; THENCE, South 44 deg. 55 min. West, along the Northwest line of said Tract 13E, a distance of 367.57 feet to a point for corner on the Northeast bank of Clear Creek; THENCE, South 84 deg. 38 min. 53 sec. West, along the Northeast bank of Clear Creek, a distance of 93.87 feet to a point marking the West corner of the herein described tract and the South corner of Tract 13C as shown under Harris County tax account 0432150000208; THENCE, North 44 deg. 55 min. East, along the Southeast line of Tract 13C, a distance of 439.76 feet to a 1)oint marking the North corner of the herein described tract at the South corner of Lot 3 and the West corner of Lot 4, Block 4, Forest Creek; THENCE, South 45 deg. 05 min. East (basis of bearing) along the Southwest line of Lot 4, Block 4, Forest Creek, a distance of 60.0 feet to the PLACE OF BEGINNING and containing 0.556 acres of land. 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 00 within the above described property, (2) the bed and banks of any bayou, stream, canal or ditch 0) adjoining or adjacent to the above described property, (3) all reversionary rights attributable to o the above described property, and (4) all rights of ingress and egress to the above described o property by way of open or dedicated roads and streets adjoining the property. N n ry 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 Harris 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 00 M 0 0 0 0 N O N 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 February , 2020, Grantee's Address: Grantee's Address: 910 S. Friendswood Dr. Friendswood, TX 77546 THE STATE OF TEXAS § GRANTOR: n , �/ �c� G 9�t Ana Mari Mendez Jacobo Mendez ACKNOWLEDGMENT COUNTY OF GALVESTON§ This instrument was acknowledged before me on February A, 2020, by Ana Marie Mendez and Jacobo Mendez. Notary Public Signature KIMBERLEY ROBINSON 1�Y PVB �4 Notary Public, State of Texas Comm. Expires 09.04.2022 OF Notary ID 124130234 RECORDED BY SOUTH LAND TITLE LLC GF # BOFW1900876 00 co O O O O N O N W1 d Exhibit A In reference to the property or properties ("Property") conveyed by the Deed between Ana Marie Mendez and Jacobo Mendez 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 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 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. CO CO O i. The request by the Grantee, through the State, to the FEMA Regional Administrator must include O 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 N applicable. (D N ii. The Grantee may convey a property interest only to a public entity or to a qualified conservation n 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 00 CO O O O O N O N V1 Irld 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): am p1w Ana Marie Mendez Jacobo Mendez GRANTEE: Morad Kabiri, City Manager City of Friendswood, Texas co m O O O O N O N 'i1 74 RP-2020-69038 # Pages 8 02/14/2020 12:38 PM e-Filed & e-Recorded in the Official Public Records of HARRIS COUNTY DIANE TRAUTMAN COUNTY CLERK Fees $40.00 00 co O M O O N O N I a' RECORDERS MEMORANDUM ry This instrument was received and recorded electronically and any blackouts, additions or changes were present at the time the instrument was filed and recorded. Any provision herein which restricts the sale, rental, or use of the described real property because of color or race is invalid and unenforceable under federal law. THE STATE OF TEXAS COUNTY OF HARRIS I hereby certify that this instrument was FILED in File Number Sequence on the date and at the time stamped hereon by me; and was duly RECORDED in the Official Public Records of Real Property of Harris County, Texas. ��p HAgq�l COUNTY CLERK HARRIS COUNTY. TEXAS A. Settlement Statement OMB No. 2502-0265 I. ❑ FHA 2. ❑ FmHA 3. ❑ Conv Unins 6. File Number 7. Loan Number 8. Mortgage Ins Case Number 4. ❑ VA 5. ❑ Conv his. 6. ❑Seller Finance BOFW 1900876 7. ® Cash Sale, C. Note: This form is furnished to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent are shown. Items marked "( .o.c.)" were paid outside the closing; theyare shown here for informational purposes and are not included in the totals. D. Name & Address of Borrower E. Name & Address of Seller F. Name & Address of Lender City of Friendswood, Texas Ana Marie Mendez and Jac obo Mendez 910 S. Friendswood Drive Frieadswood, TX 77546 , G. Property Location H. Settlement Agent Name South Land Title, LLC Forest Creek, Block 4, Lot 4, Harris County 6710 Stewart Road 16614 Oxnard La Suite 200 Friendswood, TX 77546 Galveston, TX 77551 Tax ID: 27-11529,05 Underwritten By: Texan Title Insurance Company TR 13D Abst 549 S McKissick Harris TX Place of Settlement 1. Settlement Date 0 W Bay Area Blvd South Land Title, LLC- Commercial Div. 2/1412020 Friendswood, TX 77546 1100 Gulf Freeway, Suite 100 Fund: League City, TX 77573 J. Summary of Borrower's Transaction K. Summary of Seller's Transaction 100. Gross Amount Due from Borrower 400. Gross Amount Due to Seller 101. Contract Sales Price $127,500.00 401. Contract Sales Price S127,500.00 102. Personal Property 402. Personal Property 103. Settlement Charges to borrower $1,097.50 403. 104. 404, 105. 405. Adjustments for items paid by seller in advance Adjustments for items paid by seller in advance 106. City property taxes 406. City property taxes 107. County property taxes 407. County property taxes 108. HOA 408. HOA 109. School property taxes 409. School property taxes 110. MUD taxes 410. MUD taxes 111. Flood Insurance 411. Flood Insurance 112. 412. 113. 413. 114. Reimb Seller for Upfront HOA Fee 414. 115. 415, 116. 416. 120. Gross Amount Due From Borrower S128,597.50 420. Gross Amount Due to Seller S127,500.00 200. Amounts Paid By Or in Behalf Of Borrower 500. Reductions in Amount Due to Seller 201. Deposit or earnest money 501. Excess Deposit 202. Principal amount of new loan(s) 502. Settlement Charges to Seller (line 1400) S939.51 203. Existing loans) taken subject to 503. Existing Loan(s) Taken Subject to 204. Loan Amount 2nd Lien 504. Payoff of First Mortgage Loan to 205. M 505. Payoffof Second Mortgage Loan to 206. 506. 207. Closing Costs Paid by JSWA, Inc 507. 208. 508. 209. 509. Adjustments for items unpaid by seller Adjustments for items unpaid by seller 210. City property taxes 510. City property taxes 211. County property taxes 511. County property taxes 212. HOA 512. HOA 213. School property taxes 513. School property taxes 214. MUD taxes 514. MUD taxes 215. Flood Insurance 515. Flood Insurance 216. 516. 217. 517. 218. 518. 219. 519. 220. Total Paid By/For Borrower S120.50 520. Total Reduction Amount Due Seller S939.51 300. Cash At Settlement Fron✓Po Borrower 600. Cash At Settlement TolFrom Seller 301. Gross Amount due from borrower (line 120) S128,597.50 601. Gross Amount due to seller (line 420) S127,500.00 302. Less amounts paid by/for borrower (line 220) $120.50 602. Less reductions in amt, due seller (line 520) $939.51 303. Cash From Borrower $128,477.00 603, Cash To Seller $126,560.49 Previous Editions are Obsolete form HUD -I (3/86) Handbook 4305.2 File No. BOFW 1900876 L. Settlement Charges 700. Total Sales/Brokees Commission based on price S127,500.00 e % SO.00 Paid From Borrower's Funds at Settlement Paid From Sellers Funds at Settlement Division of Commission (line 700) as follows; 701. to 702. to 703. Commission Paid at Settlement S0.00 SO.00 704. The following parties, persons, firms or to 705. corporations have received a portion of to 706, the real estate commission shown above. to 800. Items Payable In Connection with Lose 801. Loan Origination Fee % to 802. Loan Discount % to 803, Appraisal Fee to 80C Credit Report to 805. LendefsInspection Fee to 806. Mortgage Insurance Application to 80T Assumption Fee to 608. Flood Certification Fee to 900. Items Required by Lender To Be Paid in Advance 901. Interest from 211412020 to 3/1/2020 @) SO/day 902. Mortgage Insurance Premium for months to 903. Hazard Insurance Premium for years to 904. Flood Insurance for year(s) to 905, Windstorm Insurance for )earls) to 1000. Reserves Deposited With Leader 1001. Hazard insurance months r per month 1002. Mortgage insurance months r@ per month 1003. City property tares months @ per month 1004. County property taxes months © per month 1005. HOA months ® per month 1006. School property taxes months Q per month 1007. MUD Taxes months ® per month 1009. Flood Insurance months O per month 1009. Other Taxes 0 months Q 1011. Aggregate Adjustment 1100. Title Charges 1101. Settlement or closing fee to South Land Title, LLC $50.00 1102. Abstractor title search to 1103 Title examination to 1104. Title insurance binder to 1105. Document preparation to 1106. Notary fees to 1 007. Attorneys fees to (includes above items numbers: ) 1108. Title insurance to South Land Title, LLC S977.00 (includes above items numbers: ) 1109. Lender's coverage $0.00/50.00 . 1110. Owners coverage S127,500.00/5977.00 1111. Escrow fee to South Land Title, LLC 1112. State of Texas Policy Guaranty Fee to Texas Title Insurance Guaranty Association $2.00 SO.00 1113, to 1114. Tax certificates to Realty Tax Search, Inc. S25.00 1115. Title Premium split 85% to South Land Title, LLC 1116. Title Premium split 15% to Texan Title Insurance Company 1117, E-Recording Fees to South Land Title, LLC 1200. Government Recording and Transfer Charges 120 L Recording Fees Deed S4330; Mortgage ; Rol to Soarh Land Title, LLC S43.50 1202. City/county tax/stamps Deed ; Mortgage to 1203. State tax/stamps Deed : Mortgage to 1204, Additional Recording to South Land Title, LLC IJ00. Additional Settlement Charges 13U1, HOA TransferFee to RealManage S510.00 1302. Overpayment of HOA Transfer Fee to Harris County Flood Control District 1303. 2020 Prorated County Tax to 2/14-Lot 4 to Ann Harris Bennett - Tax Assessor Collector S45.77 2020 Prorated County Tax to 2/14-Tr I304. 13D Ann, Harris Bennett - Tax Assessor 1O Collector S2 12 1305. 2020 Prorated School tax to 2/14-Lot 4 to Clear Creek ISD Tax Office S197.48 1306 2020 Prorated School tax to 2/14-Tr 13D to Clear Creek ISD Tax Office S4.61 1307, 2020 Prorated City Tax to 2/14-Lot 4 to City or F'riendswood Tax Office S38.61 1308. 2020 Prorated City Tax to 2/14-Tr 13D to City or Friendswood Tax Office 51.80 1309. 2020 HOA to Forest Bend Homeowners Association S139.12 1400. Total Settlement Charges (enter on lines 103, Section J and 502, Section K) . �___ _ ____r..n.. __..: _.._� .�_ �n,n , c_.., _.-.-... c....e...e... ...... ....ties 4...�e nf..,� 4nnuerA..r orvr h••ri.•f t, i-,rne and necumte S1,097.50 statement ofall receints S939.51 and ..--_-_•-._- --------- _._..__ disbursements made on my account or by me in this transaction. I further certify that 1 have received a completed copy of pages 1, 2 and 3 of this HUD-1 Settlement Statement. City of Friendswood. Texas 'Ana Marie Mendez By: Mortal Kabiri, City Manager Aa.� SETTLEMENT AGENT CERTIFICATION The 14UD-1 Senkmcnt Statement which 1 have prepared is a true and accurate account of thi nsacli m. I have caused the funds to be disbursed in accords V statement. 2 Scttl mcnt Agent Date Previous Editions are Obsolete form HUD-1 (3/86) Ilandbook 4305.2 O!M-jANml; a TExnN*Ti= Cone 2/14/2020 City of Friendswood, Texas 910 S. Friendswood Drive Friendswood, TX 77546 RE: GF Number: BOFW1900876 Seller: Ana Marie Mendez and Jacobo Mendez Buyer/Borrower: City of Friendswood, Texas Property: 16614 Oxnard Ln 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 home, 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 1100 Gulf Freeway, #100, 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 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 COMPANY 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 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 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 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 COMPANY ON ANY MATTER RELATED TO YOUR CONTRACT. OWNER'S POLICY OF TITLE INSURANCE (Form T-1) Issued by TEXAN TITLE INSURANCE COMPANY SCHEDULE A Name and Address of Title Insurance Company: TEXAN TITLE INSURANCE COMPANY 6710 Stewart Rd., Suite 300, Galveston, 77551 File No.: BOFW1900876 Policy No.: Address for Reference only: 16614 Oxnard Ln, Friendswood, TX 77546 Amount of Insurance: $127,500.00 Date of Policy: February 14, 2020 1. Name of Insured: City of Friendswood, Texas Premium: $977.00 2. The estate or interest in the Land that is insured by this policy is: Fee Simple 3. Title is insured as vested in: City of Friendswood, Texas 4. The land referred to in this policy is described as follows: SEE ATTACHED EXHIBIT "A" Form T-1: Owner's Policy of Title Insurance Page 1 Continuation of Schedule A EXHIBIT "A" TRACT 1: Policy No. Lot Four (4), in Block Four (4), of Forest Creek, a subdivision in Harris County, Texas, according to the map or plat thereof, recorded in Volume 239, Page 50, of the Map Records of Harris County, Texas TRACT 2: 0.556 ACRES OF LAND SITUATED IN THE SARAH MCKISSICK SURVEY, A- 549, HARRIS COUNTY, TEXAS, AND BEING A PART OF THAT CERTAIN 25.967 ACRE TRACT DESCRIBED IN A DEED TO CHARLES KORNEGAY, INC.,RECORDED IN HARRIS COUNTY CLERK'S FILE (HCCF) E-775705, AND BEING ALL THAT CERTAIN TRACT SHOWN AS TRACT 13D ON THE TAX ROLLS OF THE HARRIS COUNTY APPRAISAL DISTRICT AND UNDER ACCOUNT NUMBER 0432150000209, SAID 0.556 ACRES BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING at point marking the East corner of the herein described tract and the North corner of a certain 20875.65 square foot tract known as Tract 13E and described in a Deed of Trust filed under HCCF Y-517363, said point being the South corner of Lot 4 and the West corner of Lot 5, Block 4, Forest Creek Subdivision according to the Plat recorded in Volume 239, Page 50, Map Records of Harris County; THENCE, South 44 deg. 55 min. West, along the Northwest line of said Tract 13E, a distance of 367.57 feet to a point for corner on the Northeast bank of Clear Creek; THENCE, South 84 deg. 38 min. 53 sec. West, along the Northeast bank of Clear Creek, a distance of 93.87 feet to a point marking the West corner of the herein described tract and the South corner of Tract 13C as shown under Harris County tax account 0432150000208; THENCE, North 44 deg. 55 min. East, along the Southeast line of Tract 13C, a distance of 439.76 feet to a point marking the North corner of the herein described tract at the South corner of Lot 3 and the West corner of Lot 4, Block 4, Forest Creek; THENCE, South 45 deg. 05 min. East (basis of bearing) along the Southwest line of Lot 4, Block 4, Forest Creek, a distance of 60.0 feet to the PLACE OF BEGINNING and containing 0.556 acres of land. Form T-1: Owner's Policy of Title Insurance Page 2 Continuation of Schedule A Policy No. NOTE: The Company is prohibited from insuring the area or quantity of the land described herein. Any statement in the above legal description of the area or quantity of land is not a representation that such area or quantity is correct, but is made only for informational and/or identification purposes and does not override item 2 of Schedule B hereof. Form T-1: Owner's Policy of Title Insurance Page 3 OWNER'S POLICY OF TITLE INSURANCE (Form T-1) Issued by TEXAN TITLE INSURANCE COMPANY SCHEDULE B File No.: BOFW1900876 Policy No.: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of the terms and conditions of the leases and easements, if any, shown in Schedule A, and the following matters: 1. The following restrictive covenants of record itemized below (the Company must either insert specific recording data or delete this exception): TRACT 1: Those recorded in Volume 239, Page 50, of the Map Records of Harris County, Texas; and also recorded under Harris County Clerk's File Number(s) D132242, F031078 , 20130643133 and RP-2019-456816, but omitting any covenant, condition or restriction, if any, based on race, color, religion, sex, handicap, familial status or national origin unless and only to the extent that the covenant, condition or restriction (a) is exempt under Title 42 of the United States Code, or (b) relates to handicap, but does not discriminate against handicapped persons. TRACT 2: ITEM 1 OF SCHEDULE "B" IS HEREBY DELETED IN ITS ENTIRETY. 2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments or protrusions, or any overlapping of improvements. 3. Homestead or community property or survivorship rights, if any, of any spouse of any Insured. 4. Any titles or rights asserted by anyone, including but not limited to, persons, the public, corporations, governments or other entities, (a) to tidelands, or lands comprising the shores or beds of navigable or perennial rivers and streams, lakes, bays, gulfs or oceans, or (b) to lands beyond the line of the harbor or bulkhead lines as established or changed by any government, or (c) to filled -in lands, or artificial islands, or Form T-1: Owner's Policy of Title Insurance Page 4 Continuation of Schedule B Policy No. (d) to statutory water rights, including riparian rights, or (e) to the area extending from the line of mean low tide to the line of vegetation, or the right of access to that area or easement along and across that area. 5. Standby fees, taxes and assessments by any taxing authority for the year 2020, and subsequent years; and subsequent taxes and assessments by any taxing authority for prior years due to change in land usage or ownership, but not those taxes or assessments for prior years because of an exemption granted to a previous owner of the property under Section 11.13, Texas Tax Code, or because of improvements not assessed for a previous tax year. 6. The following matters and all terms of the documents creating or offering evidence of the matters (The Company must insert matters or delete this exception).: (a) Rights of Parties in possession. (b) Subject to any and all visible and/or apparent easements over, under or across subject property, which a survey or physical inspection may disclose. (c) Any encroachment, encumbrance violation, variation or adverse circumstance affecting the title that would be disclosed by an accurate and complete land survey of the land. (d) Any portion of the subject property lying within the boundaries of a public or private roadway, whether dedicated or not. (e) All leases, grants, exceptions or reservations of coal, lignite, oil, gas and other minerals, together with all rights, privileges and immunities relating thereto, appearing in the Public Records whether listed in Schedule B or not. There may be leases, grants, exceptions or reservations of mineral interests that are not listed. (f) Any and all unrecorded leases and/or rental agreements, with rights of tenants in possession. TRACT 1: (g) An easement eight (8) feet wide along the rear property line(s) and an unobstructed aerial easement adjoining thereto five (5) feet wide from a plane twenty (20) feet above the ground upward for the use of public utilities, as shown on recorded plat of said addition. (h) Building setback line thirty (30) feet wide located along the front property line(s) of subject property, as shown on the recorded plat of said addition. Form T-1: Owner's Policy of Title Insurance Page 5 Continuation of Schedule B Policy No. (i) A drainage easement fifteen (15) feet wide along either side of the centerline of all natural drainage courses in the addition, as shown on recorded plat of said addition. (j) Agreement for the installation, operation and maintenance of underground/overhead electrical distribution systems granted to Houston Lighting and Power Company and recorded under Harris County Clerk's File Number(s) E996722. (k) Maintenance charge as set forth in instrument(s) recorded under Harris County Clerk's File Number(s) D132242 and F031078. Said lien being subordinated to purchase money and/or improvement liens as set forth therein. TRACT 2: (1) An temporary easement for underground facilities as granted to Southwestern Bell Telephone Company by instrument filed under Harris County Clerk's File No. E906302 and described and defined therein. (May be removed upon determination of District engineer/survyor that same does not apply) (m) A temporary construction easement as granted to Southwestern Bell Telephone Company by instrument filed under Harris County Clerk's File No. E906303 and described and defined therein. (May be removed upon determination of District engineer/survyor that same does not apply) (n) An ingress and egress easement located along the northeast line of subject property (abuttion the rear line of Tract 1) as set forth and defined in instrument filed under under Harris County Clerk's File No. G154355 and desctribed anfd defined therein. (o) An interest in and to all coal, lignite, oil, gas and other minerals, and all rights incident thereto, contained in instrument filed for record under Harris County Clerk's File No(s). C752379. Reference to which instrument is here made for particulars. No further search of title has been made as to the interest(s) evidenced by this instrument, and the Company makes no representation as to the ownership or holder of such interest(s). (p) An interest in and to all coal, lignite, oil, gas and other minerals, and all rights incident thereto, contained in instrument filed for record under Harris County Clerk's File No(s). D068555. Reference to which instrument is here made for particulars. No further search of title has been made as to the interest(s) evidenced by this instrument, and the Company makes no representation as to the ownership or holder of such interest(s). Form T-1: Owner's Policy of Title Insurance Page 6 Continuation of Schedule B BOTH TRACTS: Policy No. (q) Subject to the ZONING ORDINANCES now in force in the City of Friendswood, Texas. (r) Restrictions as set forth in General Warranty Deed dated February 14, 2020 and recorded under Harris County Clerk's File No. RP-2020-69038. Countersigned South Land Title, LLC By Authorized Counter Signature Form T-1: Owner's Policy of Title Insurance Page 7 TEXAN TITLE INSURANCE COMPANY Owner's Policy No.: GF No. BOFW1900876 Premium Amount Rate Rules Property County Liability Date Type Code 1 2 3 4 5 6 7 8 $977.00 1000 1 201 $127,500.00 02/14/2020 POLICY NO. OWNER'S POLICY OF TITLE INSURANCE (T-1) ISSUED BY TEXAN TITLE INSURANCE RANCE 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 COMPANY, 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; (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 by electronic 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 an accurate and complete land survey of the Land. The term "encroachment" includes encroachments of existing improvements located 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 or before 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 Countersignature South Land Title, LLC Company Name TEXAN q TITLE INSyR.ANCE COMPANY --- A Rtal Te— rMo C.�-, — Texan Title Insurance Company Patrick . oyle, Pr t t For coverage information or assistance resolving a complaint, call (866) 55-TEXAN or visit www.texantitle.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. BOFW1900876 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: () 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 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(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. BOFW1900876 Owner's Policy of Title Insurance (I'-1) - Version 1/3/14 CONDITIONS 1. DEFINITION OF TERMS. The following terms when used in this policy mean: (a) "Amount of Insurance": 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 Polio': The date designated as"Date of Polio' 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 Tide 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 beneficiary of a trust created by a written instrument established by the Insured named in Schedule A for estate planning purposes. (n) With regard to (A), (B), (C) and (D) reserving, however, all rights and defenses as to any successor that the Companywould 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. (gJ "Land": the land described in Schedule A, and affixed 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. 0 "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. �) "Title": the estate or interest described in Schedule A. (k) "UnmarketableTide": Title affected by an alleged or apparent matter that would permit a prospective purchaseror 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 (h) 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 () in case of any litigation as set forth in Section 5(a) below, or (u) 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. When, 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 policy 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. BOFW1900876 Owner's Policy of Tide Insurance (I'-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 connectionwith 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 polity; (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; (1v) indemnify another title insurance company in connection with its issuance of a policy(ies) of tide 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 proceedingand 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 the 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. BOFW1900876 Owner's Policy of Tide Insurance (T-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 expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment or tender of payment and that the 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 (u) 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 and that the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in subsections (b)() or (u), the Company's obligations to the Insured under this policy for the claimed loss or damage, other than the payments required to 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 has suffered 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 (u) 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, n the Amount of Insurance shall be increased by 10%, and (u) the Insured Claimant shall have the right to have the loss or damage determined either as of the date the claim was made by the Insured 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 in accordance 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 or from 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 shall not 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 liability for loss or damage until there has been a final determinationby a court of competent jurisdiction, and disposition of all appeals, adverse to 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 claim or 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 the amount 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 is taken 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 fixed in accordance with these Conditions, the payment shall be made within 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 person or property, to the extent of the amount of any loss, costs, attorneys' fees and expenses paid by the Company. If requested by the File No. BOFW1900876 Owner's Policy of Tide Insurance (I'-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 Compan�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 Tide Insurance Arbitration Rules of the American Land Title Association ("Rules"). Except as provided in the Rules, there shall be no joinder or consolidationwith claims or controversies of other persons. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Insured arising out of or relating to this policy, any service in connection with its issuance or the breach of a policy provision, or to any other controversy or claim arising out of the transaction giving rise to this policy. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured, unless the Insured is an individual person (as distinguished from an Entity). All arbitrable matters when the Amount of Insurance is in excess of $2,000,000 shall be arbitrated only when agreed to by both the Company and the Insured. Arbitration pursuant to this policy and under the Rules shall be binding upon the parties. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court of competent jurisdiction. 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 Insured and 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 this policy. (c) Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized person, or expressly incorporated 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. Except as the endorsement expressly states, it does not () modify any of the terms and provisions of the policy, (1i) modify any prior endorsement, (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 the term 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 the Conditions 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 policy shall be deemed 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 the premium chargedthereforin 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 claims against the Title that are adverse to the Insured, and in interpretingand enforcing the terms of this policy. In neither case shall the court or 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 Policy must be given to the Company at 6710Stewart Road, Suite 300, Galveston, Texas 77551. File No. BOFW1900876 Owner's Policy of Title Insurance (T-1) - Version 1/3/14