HomeMy WebLinkAboutNo Address - General Warranty Deed - Dr. Joseph Ryckman0a7t('�'q�--
GENERAL WARRANTY DEED
STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF GALVESTON §
THAT DR. JOSEPH RYCKMAN, ANCILLARY INDEPENDENT EXECUTOR OF THE
ESTATE OF MARIE MCELROY, DECEASED rGrantor/Donor*), wishes to transfer this property
as a gift and without consideration to the Grantee/Donee herein named, has GRANTED,
BARGAINED, SOLD AND CONVEYED and by these presents does GRANT, BARGAIN, SELL
AND CONVEY unto the CITY OF FRIENDSWOOD, TEXAS, a Home -Rule City of the State of
Texas (°Grantee/Donee"), all of the property described as Lot Sixty-two (62) of POLLY RANCH
ESTATES REVISED & INCREASED, according to the map or plat thereof as recorded in Volume
254-A, Page 74, later transferred to Plat Record 2, Map Page No. 92, and as shown as NOT
PART OF SUBDIVISION on the Replat of Polly Ranch Estates in Map Volume 15, Page 4, of the
Map Records in the Office of the County Clerk of Galveston County, Texas, and further described
in the survey attached in Exhibit `A" (the "Property").
THIS CONVEYANCE IS MADE BY GRANTOR/DONOR AND ACCEPTED BY
GRANTEE/DONEE subject to the terms, conditions and provisions hereof and further subject to
all applicable easements, conditions, restrictions, covenants, mineral or royalty interests, mineral
reservations, regulations or orders of municipal and/or other governmental authorities, if any, or
other matters of record, to the extent, but only to the extent, they are validly existing and affect
the Property
TO HAVE AND TO HOLD the Property, together with all and singular the rights and
appurtenances thereto and in anywise belonging, unto the said GranteelDonee, its successors
and assigns forever, and Grantor/Donor does hereby bind itself, its successors and assigns, to
Warrant and Forever Defend all and singular the Property unto the said Grantee/Donee, its
successors and assigns, against every person whomsoever lawfully claiming or to claim the same
of any part thereof.
Executed this day of2021
[Signature pages follow this page.]
t F
npi
DR. JOSEPH RYCKMAN, ANCILLARY INDEPENDENT
EXECUTOR OF THE ESTATE OF MARIE MCELROY,
DECEASED.
Title: Fd -C�C
THE STATE OF Q4 D §
COUNTY OFCa cc�%��_ §
This instrument was acknowledged before me on Uoti,, ` 2021 by
/ Ixc:k H, N vd' ,
(title) of
A,vuvvW Wyk
EDWARU T MANNNiG III 1)
Notary Public, State of Ohio
My Commission Expires Notary Public, State of 0 0
January2od, 2022
,ry qTE OF �a�8
ACCEPTED BY
The City of F iendsvyo-od
BY. ' L —
Na e. QLON- o I
Title: i "-t(-
THE STATE OF TEXAS §
COUNTY OF GALVESTON §
This instrument was acknowledged before me on -*3' 1/ e _, 2021 by
(title) of t
Notary Public, State of Texas
AFTER RECORDING RETURN TO' €
City Secretary
City of Friendswood
910 S Friendswood Drive }
Friendswood, TX 77546
EXHIBIT "A"
LEGAL DESCRIPTION
File No 1010449
Lot Sixty-two (62) of POLLY RANCH ESTATES REVISED & INCREASED, according to the map or plat
thereof as recorded in Volume 254-A, Page 74, later transferred to Plat Record 2, Map Page No. 92, and
as shown as NOT PART OF SUBDIVISION on the Replat of Polly Ranch Estates in Map Volume 15,
Page 4, of the Map Records in the Office of the County Clerk of Galveston County, Texas.
File No 1010449 Page 1 of 1
FILED AND RECORDED
Instrument Number
Recording Fee 34 00
Number Of Pages•4
2021006977
Filing and Recording Date 01/29/2021 8 09AM
I hereby certify that this instrument was FILED on the date and time stamped hereon
and RECORDED in the OFFICIAL PUBLIC RECORDS of Galveston County, Texas.
..
�. � :., ,.: \�<` � ice° .r•.
DO NOT DESTROY - Warning, this document is part of the Official Public Record
Exhibit A
FILED AND RECORDED
Instrument Number: 202M06977
Recording Fee: 34.00
Number Of Pages:4
ng and Recording Date: O1/29/2021 8:09AM
I hereby certify
that this instrument was
FILED on the
date and
time stamped hereon
and RECORDED
in the OFFICIAL PUBLIC
RECORDS of
Galveston
County, Texas.
�,..
Cxxilveston C" omity `:i oxas
DO NOT DESTROY -Warning, this document is part of the Official Public Record.
CJte11iJt!<-
f") r,-� i ;, """' : �\ J '
-I � ·-· � ,. � � : � , ,' \ \ l 1..�l l / ,, f.: .._ " � ,.,v' ) � "',, ·�
STATE OF TEXAS §
§COUNTY OF GALVESTON §
GENERAL WARRANTY DEED
KNOW ALL BY THESE PRESENTS:
THAT DR. JOSEPH RYCKMAN, ANCILLARY INDEPENDENT EXECUTOR OF THE
ESTA TE OF MARIE MCELROY, DECEASED ("Grantor/Donor"), wishes to transfer this property
as a gift and without consideration to the GranteeJDonee herein named, has GRANTED,
BARGAINED, SOLO AND CONVEYED and by these presents does GRANT, BARGAIN, SELL
AND CONVEY unto the CITY OF FRIENDSWOOD, TEXAS, a Home-Rule City of the State of
Texas {°GranteeJDonee"), au of the property described as Lot Sixty-two (62) of POLLY RANCH
ESTATES REVISED & INCREASED, according to the map or plat thereof as recorded in Volume
254-A, Page 7 4, later transferred to Plat Record 2, Map Page No. 92, and as shown as NOT
PART OF SUBDIVISION on the Replat of Polly Ranch Estates in Map Volwne 15, Page 4, of the
Map Records in the Office of the County Clerk of Galveston County, Texas, and further described
in the survey attached in Exhibit ·A" (the ·Property").
THIS CONVEYANCE IS MADE BY GRANTOR/DONOR AND ACCEPTED BY
GRANTEE/DONEE subject to the terms, conditions and provisions hereof and further subject to
all applicable easements, con<fltions, restrictions, covenants, mineral or royalty interests, mineral
reseivations, regulations or orders of municipal and/or other governmental authorities, if any, or
other matters of record, to the extent, but only to the extent, they are validly existing and affect
the Property.
TO HA VE· AND TO HOLD the Property, together with all and singular the rights and
appurtenances thereto and in anywise belonging, unto the said Grantee/Donee, its successors
and assigns forever; and Granter/Donor does hereby bind itself, its successors and assigns, to
warrant and Forever Defend all and singular the Property unto the said Grantee/Donee, its
successors and assigns, against every person whomsoever lawfully claiming or to claim the same
of any part thereof.
Executed this___!!/_ day of � n. u.�� .q _j , 2021.
(Signature pages follow this page.]
{<J/01/(fq
STEWART T!TlE
@
DR. JOSEPH RYCKMAN, ANCJ.LL ARY INDEPENDENT EXECUTOR OF THE E�1E· q_F MARIE MCELROY, DECEA.SED
-......,s,cf' V-< S::1 c. "-"'c""''--61R._
Title: [x--= c-<-J�-:/J ka,-:� IJl.c,{j"r l;.rfcd-c
THE STATE OF tJj, ... 0 §§ COUNTY OFLJ,t'(ccL!J(/7,;Q § v Q
01<.f /llf,"J <--
.._
)Lf This instrument was acknowledged before me on --Jo.."' 2021 by
J�opi R.yc.l<.M.o., "'-
"C>'" g
Na
����"'-
• -.a •• :._,,111i);:7< EDWARD T. MANN!tlG Ill I :� -::;.,:::• f * f==:'.::· --�·-, • Notary Public, State ol Ohio \ \.,I,;�/ , · My Commission Expires •,�·-.. :.t, .. :�_:o January 2nd, 2022
-.. ,/EoF0" -·
Title: C::..--!'i[ �'4::6,6-.t\.....
THE STATE OF TEXAS § § COUNTY OF GALVESTON §
(title) of
�d
This instrument was acknowledged before me on�� 7J':; 2De1 by
W'Qd)igb,Yl.� (tttle)of�
AFTER RECORDING RETURN TO: City Secretary City of Friendswood 910 S. Friendswood Drive Friendswood, TX 77546
�,.......-.., l ,,•t�-�•ti,✓, GLENDA C. FAULKNER ..:,. ,(,, ..... e. .-;.. i{;"k{�1 Notary Public, State of Texas
-=;v:,· .. l� . .-:�� Comm. Expires 06-01-2022
�"V)' .,,. �"T..:--,,,,;,�(.;,,,, Notary ID 125711933 w
File No.: 1010449
EXHIBIT "A"
LEGAL DESCRIPTION
Lot Sixty-two (62) of POLLY RANCH ESTATES REVISED & INCREASED, according to the map or plat
thereof as recorded in Volume 254-A, Page 74, later transferred to Plat Record 2. Map Page No. 92, and
as shown as NOT PART OF SUBDIVISION on the Replat of Polly Ranch Estates in Map Volume 15,
Page 4, of the Map Records in the Office of the County Clerk of Galveston County, Texas.
File No.: 1010449 Page 1 of 1
FILED AND RECORDED
Instrument Number:
Recording Fee: 34.00
Number Of Pages:4
Filing and Recording Date: 01/29/2021 8:09AM
I hereby certify that this instrument was FILED on the date and time stamped hereon
and RECORDED in the OFFICIAL PUBLIC RECORDS of Galveston County, Texas.
DO NOT DESTROY -Warning, this document is part of the Official Public Record
--•�"'-
Exhibit A
1-«U\tBlE PIPE tblE CO. ESl.AT, ¥01..171). PC.758 .... ,.,
Mt2z.Lft.
OAK DRIVE coo· ...... , (WL 2. � 92) ... ,,..� -""""''
r ... r .... � !, •. :-: '--' t \ , ........ � 1 ·;.....
l• f ;.
[\ � J ·'�-f., ;,. _ __,,
it ---------------OAK DRIVE
{60° R.O.W,) (\'01... 1� PC. 4)
"'tr'""
�
.,, ... '? .. ;.-;�:{ �/.,.;v❖�C'�... � ,�'1>"
�-,g._..Ak:�- -Q4104#1l ---------------·'0_
')'11,LrQ..... ,s, ... � jt.oro:l
(VACAMT)
.J.. �-9• v�o -ti:.:,'
..,_o .... -�, ,.��--·:---. "'""'.�-.. �<o::--.., RCSE:lt\'t T
� ll��ttll
� -�'0 _ -0,
I
I.C.QA&. oeii:Si-'tlOlt I.OT C2.. OF POU..Y RANCH t'S'TA.'TES' ft[Vlst0 t.c. 1,1,a�,'StD, A.CCORDIN'C 10 lMt NAP 0Ft Pt..Af ll1EIQ;l)F REttfl:[;6) IN \Q.lAC( 234-"'- l"ACiC 74 LA'tm" � TC PU.T ttC0RD 2.. N� PAC( NO. 'l2 AHl> � SMCM-1 AS NOT PNtf fT SU'80l'ASJON CM lME Rt:Pl.AT OF PotL'f ftAHOi 6TA.TE.S II: UAP \'01..Wt ''• P�C(" 4 Of l>IE N.tP RtCCftOS 1H ntt: oma: Cl 1H£ CQ/tm' ctDK Qr CAI..� COUNlY. TEXAS, Feno,�_= ""'"""'
; ve;1:7
;;·· _; �
•••••-"•f •••••� <GO - LO.
: ,_���I' MIi CH-o.)-:a:"\ IJ.0. ._ "4J I,...._ 1X �t !(ln}m--1'8> 12-9.2026--20
G)
A.Settlement Statement
B. Type of Loan
U.S. Department of Housing and
Urban Development
6.Fllt Number:
1010449
7. lo:1� Number.
0 RI �li\Jt.\J.�65
8. Mor1gogo 1..vnincc C.,o Number.
C. Note: 1hi> r01111 Is lllnlshed JD give you a stal=I of •ctlW ooWemenl co,i..Amounls P•ld lo ,nd by lhe >eWemcntagenl mt ,hown, Item, morlccd "(p.o.�)"WCIO p,,ij oulside lhe do,lng; lhey ... :.howntlcta lorl�I purposea.endcrenol lndude-dln thototsli.
0. Nim& & Addtcss of 8orrcMcf:
CITY OF FRIENDSWOOD 15355 BLACKHAWK BLVD.
FRIENDSWOOD, TX 77546
/
G.P...,rtyl=>llon:
0 POLLY RANCH ESTATES
FRIENDSWOOD. TX 77546 (GALVESTON)
J. Summo!l_ of Borrowe(s TransactJon
100.GrossAmountDue From Borrower ----. --. -_., --.. -· . -...
101. Contract sales r>rice
102. Personal Prooertv
103. Set1lemenl Chames to Borrower Oine 1400)
104.
105.
Adius!ments for Items caid by ••lier ln advance
106. cftv/lown taxes
107. Countv taxes
108.Assessmenls 1122/2021 to 6/30/2021 @$75.00/Year
109.
110.
111.
112.
120. Gress Amount Due From Borrower
200. Amounts Paid Bv Or ln Behalf Of Borrower
201. oe-1t ot Earnest Mon"'
202. Princio>I amount of new loan
203. Existing loan laken suhiect to
204.
205.
206.
207.
208. Gilt of pro.....,,
209.
AdJus!ments for Items unpaid by .. uer
210. CilvAown taxes 1/1/2021 to 1122/2021 @! $484.19/Year
21 1. County taxes
212. Assessments
213.
214
215.
216.
217.
218.
219.
220. Total Paid By/For Borrower
300. Cash Al SoWomonl From/To Borrower ----- -.. ·-----·-···
301. Gross Amount Due From Borrower n;ne 1201
302. Less Amounts Paid Bv/For Borrower llino 220)
303.Cosh l2JFrom 0ToBorrowor
Loan Number:
E. Name. & Addll:SS of S!IUer. F.N:Jnic &Address cf Lender.
ESTA TE OF MARIE G. MCELROY AKA MARIE MCELROY 1648 WESTHILL BLVD.
WESTlAKE, OH 44145
$17.275.00
$391.00
$32.58
$17,6118.58
$17,275.00
$27.78
$17,302.76
$17.698,58
$17,302.78
$395.80
H.SoWemonlAgenl Tax ID: 74--0923770 STEWART TITLE COMPANY 601 S FRIENDSWOOD DRIVE, SUITE 1D3, FRIENDSWOOD, TX 77546 (261) 619-
Place Of Sollklment
601 S FRIENDSWOOD DRIVE, SUITE 103,
FRIENDSWOOD, TX 77546 (261) 819-4280
K. Summa!l_ of Selle(s Transac tion
-· 400. Gross Amount Duo To Seller
401. Contract sales price
402. Personal Prooertv
403.
404.
405.
Adjustments for items paid bv seller in advan<c>
406. div11own iaxes
407. Counlv taxes
L Scttlcmont �:o J Olsbw:emcnl D�
1122/2021 / 1/2212021
$17,275.00
408. Assessments 1/2212021 to6/30/2021 @$75.00/Year $32.58
409.
410.
411.
412.
420. Gress Amount Due To Setler $17,307.58
500. Reductions ln Amount Due To Seller
501. Excess dellosit {see instructions)
502. Settlement Cllar!les to Seller Oine 1400) $3,250.15
503. Existirl!l loan(sl taken subject to
504. Pavoff' of fll'St """"""'e loan
505. P=ff of second mortgage loan
506.
507.
508. Gift of property $17.275.00
509.
Adiuslments for items unpaid by seller
510. Citvllown laxes 1/1/2021 to 1/22/2021 t!il.5484.19/Year $27.78
511. County taxes
512. Assessments
513.
514
515.
516.
517.
518.
519.
520. Total Rcduction�ount Due Seller $20,552.93
600. Cash At Settlement To/From Seller -----·····--··· ··-··· ·-·· --··· ···-·
601. Gross Amount Due To Sener lline 420) S17 307.58
602. Less Deduction In Aml'Due To Seller lline 520) $20,552.93
603. Cash Oro 0 From Seller $3,245.35
File Number. 1010449 Page 1 ol 3
L Soltlement Charges
700. Total Soles/Broke(s Commission Paid From Paid From Division ol Commission mne 7001 as follows: BOITOWC(S Funds ScllCJ's Funds 701. lo at Settlement at Settlement 702. to
703. Commission Mid at Scltlement
704.
800. llems Payable In Connetllon With Loan
801. Loan Or!Qlnation Fee
802. Loan DisCOtJnt
803. Appraisal Fee
804. Credit R=rt
805. Lende(s Inspection Fee
806. Morfil3Qe lnsura11Ce AopUca6on Fee
807. Assumotion Fee
900. Items R.,,uired Bv LonderTo Be Paid In Advance
901.lnierest
902. Mort"""• Insurance Premium
903. Hazan:! Insurance Premium
1000. Reserves D=sited With Lender
1001. Hazard insurance
1002. MMnone Insurance
1003. Cttv propertv laxes
1004. Countv orooertv taxes
1005. Annual assessments
1008. 4n�ate accountino adjustment
1100. TiUo Cho=•
1101. SelUementorcloslno foe, loSlewartlltle Com=~ $350.00 $350.00
1102. Abslr.lcl or titlo search
1103. Tdle examinatlon
1105. Document preparation
1106. No••N fees
1107. Attomev's fees
�ndudcs above Item numbers: l
1108. Tdle lnsurancetoStewartliUeCom-•• $328.00
n.,.J11des above Item numbers:)
1109. Lende(s covernoe Premium S0.00 to Stewart Tl1fe,;;:,;;;"anv
1110. ONnefs coveraoe $17,275.00 Premium $328.00 to Slewart TiUe Cornoanv
1113. Tax Certificate Fee to Stewart Tl1fe Comoanv $64.95
1114. TX Policv Guaranty Fee to Texas llUe Policv Guaranlv Fee· STC $2,00
1115. e Record Fee IR•�r/Borrowerl to SlewartTifteCornoanv $3.00
1200. Government Recotdlna and Translcr Charges
1201. RecortlinQ fees: Oeed S38.00;MorlJlaQe :Release: $38.00
1202. Counly tax/sfamn,: Deed :Monn-;
1203. Slate lax/slamps: Deed :MnrlnaQe :
1204. Cily tax/stamps: Oeed :MorlQaQe :
1300. Additional Settlement Ch:tr<1es
1301. Survey lo (NA) CvnlhiaA Ram.l!lC $2,505.20
1302. Pest Inspection
1400. Total Settlement Charges (enter on line 103, Section J and 502, Section K) $391.00 $3,250.15
Loan Number: File Number. 1010449 Page 2 of 3
BORROWERS SELLERS
CilyofFfiendswood
Morad Kabiri, City Manager
Settlement Agent Date
1/22/2021
Loan Number. File Number: 1010449 Page 3 o! 3
I�� �fu� rtviow&d tho HUD-1 SatUomant Statoment and lo tllo but of my lcna,,,ieds:e and b•ll•Tlt b tr.Jo .wl 2CCUDl0 cbtomonl of oa 111colpb 11nd di:bur:cmonb m,;,do on rrr, account or by me In thb trmmd5on. I l'Ur1horcerfltv lhit I h.lv o ('Ot:ffled II copy of tho HIJ0..1 Sotaoment Stlltmenl
BORROWERS SELLERS
�and Estate of Mane G. Mc8roy aka Mane McE!roy
Or. J, V. Ryckman, MO, Executor
-;/-;Jt;J--"�-·���-�-··-·--��-·
��� ��ngly m3b falto sblem en b to tho Unltd Stoles on� ot any other smllar form. Penaltle:. upon ccnvlcllon C3tl k\cludo 2 fine and lnpri:onmenl For do\:llls �eo; Tlllo 1S U.S. Codo
SUBSTITTIIE-FORt,(iOQ9 SEU ER STATEMENT· Tho lnfOfJIU!tlon «>111'1lne<! In Blocks E, G. H •ncf I ,nd on In• ◄01 (or, l In• ◄01 � .,�rbked, lln" ◄03 ,nd 404), lOS, ◄01 and ◄Oa-412 (oppbblc port of Buyer', rc::d c:.tll!o tax n=port:,blo to tho IRS) b lmporbnt 12,c lrilorm.iUon ond I; being fuml:;hcd to tho Jnlcm.if Revenue Scrv!a,, Ir you ore n:quln:d to nb a n:tum, • nc,gngenu penalty orolher s:Jrdon wll be Imposed on you If thb, !lorn 1, rc,qutred lo be niporlod ond the IRS dotcnni,o; that It h:i� not bee n reported. SELLER INSTRUCTION• If this real c:;t:atowas your pdnclpai r0$idencc, filo form 21191 S:ilo or Exchqc. of Prindp:il Re:ldenee, for �rrt gain, Wllh your Income bx rclum: ror other traiwc:Uons, complete lhc .:ipplleablc pW cf fonn 4797. Form 6252 :ind/or Schcdulo D � 1040�
You are m;ulred lo J)ftlVldo tho ScnlcmcntAgont 'hfth yourccrred bXp:ayerldtnUJc.itlon numbcf, If you do not provide tho SotucmonlAgcnlwith your correct w;>ayerldentlfbl!ao numbar, ycu rn:iy � :ubJcct to cM oraimJn:11 penaftle:;.
Loan Number. File Number. 1010449 Page.3of3
C1t�IG!1\JAL
CONTACT INFORMATION FORM
SELLER(S): Estate of Marie G. McElroy aka Marie McElroy
Address below should be where you want to receive any further documentation in connection with this closing:
X Current Address: 1648 Westhill Blvd., Westlake, OH 44145
Other Address as shown below:
Address: -------------------------------
(City) (State) (Zip) (County)
Phone(s): Home: 440-871-3700
Work: Same Cell: ___________ _
Email Address: cozzasteuer@aol.com
EmailAddress: _______________________ _
File No.: 1010449
CONTACT INFORMATION FORM
City of Friendswood
Address below should be where you want to receive any further documentation in connection with this closing:
___ Pro perty Address: O Polly Ranch Estates, Friendswood, TX 77546
_){_ Current Address: 15355 Blackhawk Blvd .. Friendswood, TX 77546
Other Address as shown below:
Ad dress: -----------------------------
(City) (State) (Zip) (County)
Phone(s): Home: ___________ _
Cell: __________ _
EmailAddress: ________________________ _
EmailAddress: _________________________ _
FUe No.: 1010449
NOTARY RECORD
Please Fill Out Information Below
AFFILIATED BUSINESS ARRANGEMENT DISCLOSURE STATEMENT
Seller(s):
ADDENDUM TO HUD 1 SETTLEMENT STATEMENT
ADDENDUM TO HUD 1 SETTLEMENT STATEMENT
74, 92.
TITLE COMPANY DISCLOSURES
File Number: 1010449
Seller (whether one or more}: Estate of Marie G. McElroy aka Marie McElroy
Buyer (whether one or more}: City of Friendswood
Lender.
Property: Lot Sixty-two (62) of POLLY RANCH ESTATES REVISED & INCREASED, according to the map or plat thereof as recorded in Volume 254-A, Page 74, later transferred to Plat Record 2, Map Page No. 92, and as shown as NOT PART OF SUBDIVISION on the Replat of Polly Ranch Estates in Map Volume 15 Paoe 4, of the Map Records In the Office of the County Clerk of Galveston County, Texas.
Street Address: 0 Polly Ranch Estates, Friendswood, lX 77546
By initialing some or all of the following items as may be appropriate for this transaction, each Seller and/or Buyer acknowledges their understanding of the disclosures being made by Stewart Title Company (hereinafter called "Title Company"}. Each disclosure is being made to Buyer and Seller on behalf of both Title Company and its title insurance underwriter.
Buyer's 1tu-
Buyer's
�
Buyer's I�
1) WAIVE.R OF INSPECTION. In consideration of the issuance by Trtle Company to Buyer of either an Owner's Policy of Title Insurance (T-1) or a Residential Policy of Title Insurance (T-1 R} -(in this document either such policy, unless specifically referred to otherwise, is referred to as the "Owner Title Policy') insuring good and indefeasible title to the Property, except as to be shown in Schedule B of the Owner Title Policy and subject to the terms and conditions of such Owner Title Policy, Buyer hereby waives any obligation on the part of Title Company to inspect the Property.
Buyer agrees to accept an Owner Title Policy containing the Schedule B exception for "Rights of Parties in Possession." "Rights of Parties in Possession" shall mean one or more persons or entities who are themselves actually physically occupying the property or a portion thereof under a claim or right adverse to the insured owner of the Property as shown on Schedule A of the Owner Title Policy. Within the meaning of this exception, "possession" includes open ac!sor visible evidence of occupancy and any visible and apparent roadway or easement on oracross all or any part of the Property, but this exception does not extend to any right, claim, orinterest evidenced by a document recorded in the real estate records maintained by the County Clerk of the county in which the Property is located. However, if the Buyer does not initial this paragraph, the Buyer is indicating the Buyer's refusal to accept an Owner Title Policy containing an exception as to "Rights of Parties in Possession." The Title Company may then require an inspection of the Property and additional charges may be assessed for the reasonable and actual costs of such an inspec!ion. Trtle Company may make additional exceptions in Schedule B of the Owner Title Policy for matters as revealed bysuch inspection.
2) RECEIPT OF COMMITMENT. Buyer hereby acknowledges having received and reviewed a copy of the Commitment for Title Insurance issued in connection with the above referenced transac!ion and any copies of the documents described therein requested by Buyer. Buyer understands that the Owner Title Policy will contain the exceptions set forth in Schedule B of the, Commitment for Title Insurance, together with any additional exceptions to title resulting from the final downdate search of the public records and from the documents involved in this transaction and any additional exceptions for items shown on Schedule C of the Commitment for Title,lhsurance which have not been resolved.
3}
4) ACCEPTANCE OF SURVEY. Buyer has received and reviewed a copy of the survey of the Property provided in connection with this transaction.
SW
File No.: 1010449
TiUe Company Disclosures
BY l�JITIAblNG TH�C l..l�lE IMMEEllATEt.Y BEbOW, BUYER.tBORROWER ElOES SE+ FORTH TO Tl+bE COMPANY MISJMER CESIRES ANEl INSTRYCTlmlS,
Page 1 of3
�rl'8'"'0F rajesls iRe �o><erage sol out allo"O ans sees Rel agrne le pay tt,e
prerrii;rr fer SllGR severaQe.
�
Buyer's lit-
Seller's Buyer's
Initials �
Buyer's
�
Buyer's m-
�IO 81,1ye#l!lerl'8wer rejesls IRe se�•erage set ei;t allo>;e ana aaes net agree le pay Iha�
"T 1R O"'f!er's +ille Pelisy se><ering ResiaoRtial Real Pre13erly 10% (if 131,1rsRases alone) er S%
(if 131,1rshaseEI in landerr with IRe Su""ey Cevera!le in �
"T 1 Owner's +ille Policy so><eriR9 ROA residen•ial real property 15% �f p1,1rsl;iasea alone) er
10% if 131,1rshased in tanaerr "'ffR IRe Sur•ey Ce1eera!Je in SI'. alle>;e)
6) FLOOD-PLAIN/FLOOD HAZARD ACKNOWLEDGEMENT. Title Company has not attempted
to determine if the Property lies in a special flood hazard area, and Tille Company has not
made any representation concerning proximity of the Property in relation to any flood-plain or
flood hazard area. Buyer is advised that information concerning special flood hazard areas
may be available from county or municipal offices, a qualified surveyor or land-engineering
company, or a private flood-plain consultant.
7)PROPERTY TAX PRORATIONS. Property taxes for the current year have been prorated
between Buyer and Seller, who each acknowledge and understand that these prorations are
based upon (a) the sales price or the most current appraised value available and the most
current tax rate available or (b) some other common method of estimation. Seller warrants andrepresents that there are no past due taxes owed on the Property and if such warranty and
representation is untrue, the Seller shall reimburse Title Company, on demand, for any sums
paid by the Title Company to pay such taxes, and any related penalty and interest.
Buyer and Seller each agree that, when amounts of the current year's taxes becomeknown and payable (on or about October 1st), they will adjust any changes of the
proration and reimbursement between themselves and that Title Com pany shall have noliability or obligation with respect to these prorations.
8) TAX RENDITION AND EXEMPTIONS. Although the Central Appraisal District (CAD) may independently determine Buyer's new ownership and billing address, Buyer is still obligated by
law to "render'' the Property for taxation by notifying the CAD of the change in the Property's ownership and of Buyer's proper address for tax billing. Buyer is advised that current year's
taxes may have been assessed on the basis of various exemptions obtained by Seller (e.g.,
homestead or over-65).
It is the Buyer's responsibility to qualify for Buyer's own tax exemptions and to meet anyrequirements prescribed by the taxing authorities. Buyer acknowledges and understands these obligations and the fact that Trtle Company assumes no responsibility for future accuracy
of CAD records concerning ownership, tax-billing address, or status of exemptions.
9) HOMEOWNER'S ASSOCIATION. Buyer acknowledges that if ownership of the Property
involves membership in a Homeowner's, Condominium or other Property Owner's Association, to which monthly or annual dues or assessments may be owed, these dues or assessments may be enforceable by a lien against the Property. Buyer understands that the Association (or
its managing agent) should be contacted by Buyer immediately to ascertain the exact amount of
future dues or assessments. Title Company has made no representations with respect to, such Association's annual budget, pending repairs or deferred maintenance, if any, or other debts of
the Association. Buyer accepts sole responsibility to obtain such information and verify its
accuracy to Buyer's satisfaction.
Seller's Buyer's 10) Initials �l,.. CLOSING DISCLAIMER. Seller and Buyer each acknowledge and understand that the above referenced transaction has not yet "closed." Any change in possession of the Property takes place at Buyer's and Seller's own risk. This transaction is not "closed" until:
Fne No.: 1010449
T!Ue Company Disclosures
A) All Title requirement are completed to the satisfaction of Title Company; B) All necessary documents are properly executed, reviewed, and accepted by the parties tothis transaction and by Title Company; and, C) All funds are collected and delivered to and accepted by the parties to whom they are due.
Page 2 of 3
Seller's Initials 11) IRS REPORTING. Seller acknowledges having received at closing a copy of the Substitute Fenn 1099-S. In accordance with federal tax regulations, this infonnation will be furnished to the Internal Revenue Service.
Seller's Buyer's 12) Initials�
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 the TIiie Company, or to a mutual mistake on the part of the ntle Company and/or the Seller and/or the Buyer, the undersigned agree to execute, in a timely manner, such correction documents as Title Compa_ny may deem necessary to remedy such inaccuracy or misstatement.
Buyer's '1t_ 13) ATTORNEY REPRESENTATION AND NOTICE. Buyer may wish to consult an attorney to discuss the matters shown on Schedule B or C of the Commitment for Title Insurance that was issued in connection with this transaction. These matters will affect the title and use of the Property. The Trtle Insurance Policy will be a legal contract between Buyer and the underwriter. Neither the Commitment for Title Insurance nor the Title Insurance Policy are abstracts of title, title reports or representations of title. They are contracts of indemnity. No representation ismade that your intended use of the Property is allowed under law or under the restrictions orexceptions affecting the property.
Seller's Buyer's 14) Initials .m--PRIVACY CONSENT. The undersigned hereby authorize Title Company to provide copies of any closing statements, loan documents, financial infonnation, commitments, approval letters, appraisals, inspection reports, insurance policies, contracts, payoffs, transaction documents, and other nonpublic personal infonnation in connection with our transaction to the real estate broker and real estate agent.
Seller(s):
Date : _________ __. 2021
and Estate of Marie G. McElroy aka Marie McElroy
Dr. J. V. Ryckman, MD, Executor
State ofTexas
County of Galveston
The foregoing instrument was acknowledged before me this __ day of ________ _, 2021 by Dr. J.V Ryckman, M.D. as Executor of Estate of Marie G. McElroy aka Marie McElroy.
Notary Public in and for the Stale of Texas
My Commission Expires: _______ _
Buyer(s):
Date: >A('IV A ,v{ J.S", 2021
State of Texas
File No.: 1010449
Title Company Disclosures
,_ • ,..,,..,. , .. , , 2021 by Morad Kabiri • l
::,'�tWf.'tt,-:-GLENDA C. FAULKNER
�f(�'{�� Notary Public. State of Texas
=;,"),.·-•• �.-l§ Comm. Expires 06-01-2022 �.:?,'f?it:t,,::, Notary ID 125711933
Page 3 of3
ORIGli\1/\L
TITLE COMPANY DISCLOSURES
File Number. 1010449
Seller (whether one or more): Estate of Marie G. McElroy aka Marie McElroy
Buyer (whether one or more): City of Friendswood
Lender:
Property: Lot Sixty-two (62) of POLLY RANCH ESTATES REVISED & INCREASED, according to the map or plat thereof as recorded in Volume 254-A, Page 74, later transferred to Plat Record 2, Map Page No. 92, and as shown as NOT PART OF SUSDMSION on the Replat of Polly Ranch Estates in Map Volume 15. Page 4, of the Map Records in the Office of the County Clerk of Galveston County, Texas.
Street Address: O Polly Ranch Estates, Friendswood, TX 77546
By initiafing some or all of the following items as may be appropriate for this transaction, each Seller and/or Buyer acknowledges their understanding of the disclosures being made by Stewart Title Company (hereinafter called ''Title Company"). Each disclosure is being made to Buyer and Seller on behalf of both Tille Company and its title insurance underwriter.
Buyer's 1) WAIVER OF INSPECTION. In consideration of the issuance by ntle Company to Buyer of Initials either an Owner's Policy of Trtle Insurance (T-1) or a Residential Policy of Title Insurance (T-1R) -(in this document either such policy, unless specifically referred to otherwise , is referred to as the "Owner Title Policy'1 insuring good and indefeasible title to the Property, except as to be shown in Schedule B of the Owner Title Policy and subject to the terms and conditions of such Owner Trtle Policy, Buyer hereby waives any obligation on the part of Title Company to inspect the Property.
Buyer agrees to accept an Owner Title Policy containing the Schedule B exception for "Rights of Parties in Possession." "Rights of Parties in Possession" shall mean one or more persons or entities who are themselves actually physically occupying the property or a portion thereof under a claim or right adverse to the insured owner of the Property as shown on Schedule A of the Owner Title Policy. Wrthin the meaning of this exception, "possession" includes open acts
or visible evidence of occupancy and any visible and apparent roadway or easement on or across all or any part of the Property, but this exception does not extend to any right , claim, or interest evidenced by a document recorded in the real estate records maintained by the County Clerk of the county in which the Property is located. However, if the Buyer does not initial this paragraph, the Buyer is indicating the Buyer's refusal to accept an Owner Title Policy containing an exception as to "Rights of Parties in Possession." The Title Com pany may then require an inspection of the Property and additional charges may be assessed for the reasonable and actual costs of such an inspection. Title Company may make additional exceptions in Schedule B of the Owner Title Policy for matters as revealed by such inspection.
Buyer's 2) RECEIPT OF COMMITMENT. Buyer hereby acknowledges having received and reviewed a Initials copy of the Commitment for Title Insurance issued in connection with the above referenced transaction and any copies of the documents described therein requested by Buyer. Buyer understands that the Owner Title Poficy will contain the exceptions set forth in Schedule B of the-Commitment for Title Insurance. together with any additional exceptions to title resultingfrom the final downdate search of the public records and from the documents involved in this ___________ ----------"tr-msaclion.and..anv_additiooal exceotioos for.Jtems.shown.oa_Schedule_C_of.the Commitment ___ _
Seller's Initials
(}1,,-7 '--/--' -
C)�� l G i �J I\ L.
11) IRS REPORTING. Seller acknowledges having received at closing a copy of the Substitute Form 1099-S. In accordance with federal tax regulations, this information wiU be furnished to the Internal Revenue Service.
Seller's Buyer's 12) 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 the nue Company, or to a mutual mistake on the part of the Title Company and/or the Seller and/or the Buyer, the undersigned agree to execute, in a timely manner, such correction documents as Trtle Compa_ny may deem necessary to remedy such inaccuracy or misstatement
Initials Initials
�
Buyer's Initials 13) ATTORNEY REPRESENTATION ANO NOTICE. Buyer may wish to consult an attorney to discuss the matters shown on Schedule B or C of the Commitment for Trtle Insurance that was issued in connection with this transaction. These matters will affect the tiUe and use of the Property. The Trtle Insurance Policy will be a legal contract between Buyer and the underwriter. Neither the Commitment for Trtle Insurance nor the Trtle Insurance Policy are abstracts of title, tiUe reports or representations of title. They are contracts of indemnity. No representation is made that your intended use of the Property is allowed under law or under the restrictions or exceptions affecting the property.
Seller's Buyer's Initials Initials
� )1l(L--,/--
14) PRIVACY CONSENT. The undersigned hereby authorize Title Company to provide copies of any closing statements, loan documents, financial information, commitments, approval letters, appraisals, inspection reports, insurance pofoies, contracts, payoffs, transaction documents, and other nonpubfic personal information in connection with our transaction to the real estate broker and real estate agent
Seller(s):
Date: _.....,.
J{�?z?b.v :.� �r�.
State of Texas
County of Galveston ,f/ The foregoing instrument was acknowledged before me this {)€' day of s. }A-N U fh(yRyck1)313n, M.D._ a�ecut<:_r of E;ii;tate of Marie G. McElroy aka Marie McElroy. '20218�O1;'1).'M,,,,¼, ,,,,, \<..AR,� /111. 0,,.�..• :,'' �"{_ '.°'.!J�_L.fc. � -�
Buyer(s):
Date: /,/�, / • 2021
City of Friendswood
Morad Kabiri, City Manager
state of Texas
County of Galveston
{D ...... o-<-1>:-\\, I/ --.s-,.,,1-> � � �,,� //-,a�O'::, � /��······.: .... ,\�(\'\�� g � .%': }/!:�:�$-:::-. :==. �\; ;;,-. ;= n 8: .�.·;:irf::� ���.Z�Y..�: o :;l\?i:�ftt{£.iz�:i�;1;,�·'l J.. % /4. ' ''{:,,..:, ,,,Z;, r., �,···:-;,-\. '-� Z'> -v a ..... v _:J. ':'l��t�.::. ��'. ,.;;':' ·,.,l �:;;:.i;;.oc;i-:co-0')\l'J..\:�"
❖,,1/Rt2s MAY 2\,�,,, 11lfc1;uu,�\,
The foregoing instrument was acknowledged before me this __ day of _______ � 2021 by Morad Kabiri as City Manager of City of Friendswood.
Notary Public in and for the State of Texas My Commission Expires: ______ _
File No.: 1010449 Tide Company Disclosures P�ge 3 of3
I
ri[-·\'t"'\i\,l'i ( 1. _,t j b •, •
NOTARY RECORD
-�· I \ I \.J I l /-\ LI
File No.: 1010449 Date of Notarization:
Legal Description:
Lot Sixty-two (62) of POLLY RANCH ESTATES REVISED & INCREASED, according to the map or plat thereof as
recorded in Volume 254-A, Page 74, later transferred to Plat Record 2. Map Page No. 92. and as shown as NOT PART
OF SUBDMSION on the Replat of Polly Ranch Estates in Map Volume 15 Page 4, of the Map Records in the Office of
the County Clerk of Galveston County, Texas.
Additional Pertinent Information-Notary Fee:
TYPE OF DOCUMENT
Deed
Deed of Trust
Water Notice
Not Same Person
Affidavit Debts & Liens
Occupancy Affidavit
Signature Affidavit
Release
Compliance Agreement
Sellers Affidavit
Borrowers Affidavit
OT to Secure Assumption
Notice to Purchaser
Status Certification
Address Certification
Survey Affidavit
Repair Affidavit
Encroachment Affidavit
Hold Harmless Affidavit
Trtle Company Disclosure
-3 Name and Address of Grantee (if applicable)
DOCUMENT DATE
Please Fill Out Information Below
NOTARIAL ACT"
Printed Name ofGrantor(s)orMaker(s) Estate of Marie G. McElroy; Joseph V. Ryclanan, Executor
StreetAddress: 1648 Westhill Blvd.
City Westlake State OH Zip 44145
,t
�
I am the person whose name appears on the referenced documents, and
�
and consideration therein expressed.
Signature-�� ( � Identification
Signature Identification
• 01) Jurat 02) Acknowledgement 03) Certified Cop __,,
File No.: 1010449 Page 1 of1
1.•---., r••• .. I s �.,,.. � � � •
1 i ,.., • , NO ! •, \} f',
.._ __ ) � \ 3 l.} � j \; r� t
GAP INDEMNITY AGREEMENT
File/ Commitment/ Preliminary Report No.: 1010449
Premises Address/ Location: O Polly Ranch Estates, Friendswood, TX n546
WHEREAS, Stewart nue Guaranty Company (''Stewart") has been asked to issue its policy(ies) of title insurance or "marked up" commitment(s) to proposed insured(s) covering the Premises referenced above (the "Premises") prior to recording the deed, mortgage, deed of trust and/or other instruments required to be recorded (collectively, the "Closing Documents") without taking exception in such policy(ies) or commitment(s) to matters which may arise between the last Effective Date of the commitment / preliminary report referenced above and the date and time of recording of the Closing Documents (the "Gap Period"), which matters may be an encumbrance on or affect title to the Premises.
NOW, THEREFORE, in consideration of Stewart issuing its policy(ies) of title insurance or "marked up" commitment(s) as of the date of recording of the Closing Documents without taking exception to matters which may arise during the_ Gap Period, the undersigned agrees to: (1) promptly remove, release, bond or otherwise dispose of, to the satisfaction of Stewart, in its sole discretion, all liens, encumbrances or other objectionable matters filed or recorded against the Premises during the Gap Period, and (2) indemnify, defend and hold Stewart harmless against all claims, costs, losses, liabilities, damages and expenses, including without limitation, attorney's fees and expenses, arising out of or relating to all such matters and the failure to promptly remove, release, bond or otherwise dispose of them, to the satisfaction of Stewart, in its sole discretion.
Executed this 'Z S-::Y of -· J:re=...._ � , 2021 ..• < lndemnitor(s):
•r. lJ'. V. [jckmar\, MD, Ext,
State of� 0 )Iv County of Galveston
Sworn to and subscribed befo .. re me, the undersigned authow, by Dr. J.V R_yckman, M.D. as Executor of Es�rie G. �oy a��arie Mc_Elroy on this the ...£::1.L. day of £-= , 2021. -z::::;� Notary Public/in and fo'r'the sfate onZ�x Oh . My Commission Expires· None J.O
Arg_p.�'9.� -� -�
� plJBLIC • STATE OF OliiO
ttg�hasnoexJY.!�•
Secl!On 147.03 O.R.C. . ·
AFFILIATED BUSINESS ARRANGEMENT DISCLOSURE STATEMENT
You
Professional Real Estate Tax Service
certificate(s)
File No.: 1010449 Page 1 of 1
agrees
File No.: 1010449
Melinda Welsh
From: Melinda Welsh
Sent:
To:
Friday, March 19, 2021 11 :00 AM
Kristin Thornton
Cc: Michelle A. Perez
Subject: FW: [EXTERNAL]1010449: 0 Polly Ranch Estates, Friendswood, TX 77546: City of
Friendswo od: Copies
Attachments: Buyer Copies.pdf Please place this in Laserfiche and index it in Deeds/Easements and file away in that drawer. I've printed it out as well. Melinda Welsh, TRMC City Secretary City of Friendswood 281-996-3270(Fax) 281-482-1634mwelsh@friendswood.com"This e-mail contains thoughts and opinions of Melinda Welsh and does not represent official city policy"
""'Please note that any correspondence, such as e-mail or letters, sent to City staff or City officials may become a public record and made
available for public/media review.""'
**ATTENTION PUBLIC OFFICIALS!! A "Reply to All" of this e-mail could lead to violations of the Texas Open Meetings Act. Please
reply only to the sender.**
From: Heather R. Van Dine <hvandine@friendswood.com>
Sent: Wednesday, February 10, 2021 11:24 AM
To: Melinda Welsh <mwelsh@friendswood.com>
Cc: Michelle A. Perez <mperez@friendswood.com>; Jil Arias <jarias@friendswood.com>; Glenda C. Faulkner
<gfaulkner@friendswood.com>
Subject: FW: [EXTERNAL]1010449: O Polly Ranch Estates, Friendswood, TX 77546: City of Friendswood: Copies
Melinda,
The City was recently donated a parcel of land at O Polly Ranch Estates. I have attached the closing paperwork
from Stewart Title and sending to your office to service as the City's offici al re cord.
Heather Van Dine, TRMC
Office Manager
City of Friendswo od
Engineering Division
(281)993-3411
From: Jennifer Wilson <jennifer.wilson@stewart.com>
Sent: Tuesday, February 9, 2021 7:55 AM
To: Heather R. Van Dine <hvandine@friendswood.com>
Subject: [EXTERNAL]1010449: 0 Polly Ranch Estates, Friendswood, TX 77546: City of Friendswood: Copies
1
Jennifer Wilson
jennifer.wi lson@stewart.com
Escrow Processor II
Stewart Title Company
Phone: (281) 819-4281
Fax: (281) 605-1319
2
0a7t('�'q�--
GENERAL WARRANTY DEED
STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF GALVESTON §
THAT DR. JOSEPH RYCKMAN, ANCILLARY INDEPENDENT EXECUTOR OF THE
ESTATE OF MARIE MCELROY, DECEASED rGrantor/Donor*), wishes to transfer this property
as a gift and without consideration to the Grantee/Donee herein named, has GRANTED,
BARGAINED, SOLD AND CONVEYED and by these presents does GRANT, BARGAIN, SELL
AND CONVEY unto the CITY OF FRIENDSWOOD, TEXAS, a Home -Rule City of the State of
Texas (°Grantee/Donee"), all of the property described as Lot Sixty-two (62) of POLLY RANCH
ESTATES REVISED & INCREASED, according to the map or plat thereof as recorded in Volume
254-A, Page 74, later transferred to Plat Record 2, Map Page No. 92, and as shown as NOT
PART OF SUBDIVISION on the Replat of Polly Ranch Estates in Map Volume 15, Page 4, of the
Map Records in the Office of the County Clerk of Galveston County, Texas, and further described
in the survey attached in Exhibit `A" (the "Property").
THIS CONVEYANCE IS MADE BY GRANTOR/DONOR AND ACCEPTED BY
GRANTEE/DONEE subject to the terms, conditions and provisions hereof and further subject to
all applicable easements, conditions, restrictions, covenants, mineral or royalty interests, mineral
reservations, regulations or orders of municipal and/or other governmental authorities, if any, or
other matters of record, to the extent, but only to the extent, they are validly existing and affect
the Property
TO HAVE AND TO HOLD the Property, together with all and singular the rights and
appurtenances thereto and in anywise belonging, unto the said GranteelDonee, its successors
and assigns forever, and Grantor/Donor does hereby bind itself, its successors and assigns, to
Warrant and Forever Defend all and singular the Property unto the said Grantee/Donee, its
successors and assigns, against every person whomsoever lawfully claiming or to claim the same
of any part thereof.
Executed this day of2021
[Signature pages follow this page.]
t F
npi
DR. JOSEPH RYCKMAN, ANCILLARY INDEPENDENT
EXECUTOR OF THE ESTATE OF MARIE MCELROY,
DECEASED.
Title: Fd -C�C
THE STATE OF Q4 D §
COUNTY OFCa cc�%��_ §
This instrument was acknowledged before me on Uoti,, ` 2021 by
/ Ixc:k H, N vd' ,
(title) of
A,vuvvW Wyk
EDWARU T MANNNiG III 1)
Notary Public, State of Ohio
My Commission Expires Notary Public, State of 0 0
January2od, 2022
,ry qTE OF �a�8
ACCEPTED BY
The City of F iendsvyo-od
BY. ' L —
Na e. QLON- o I
Title: i "-t(-
THE STATE OF TEXAS §
COUNTY OF GALVESTON §
This instrument was acknowledged before me on -*3' 1/ e _, 2021 by
(title) of t
Notary Public, State of Texas
AFTER RECORDING RETURN TO' €
City Secretary
City of Friendswood
910 S Friendswood Drive }
Friendswood, TX 77546
EXHIBIT "A"
LEGAL DESCRIPTION
File No 1010449
Lot Sixty-two (62) of POLLY RANCH ESTATES REVISED & INCREASED, according to the map or plat
thereof as recorded in Volume 254-A, Page 74, later transferred to Plat Record 2, Map Page No. 92, and
as shown as NOT PART OF SUBDIVISION on the Replat of Polly Ranch Estates in Map Volume 15,
Page 4, of the Map Records in the Office of the County Clerk of Galveston County, Texas.
File No 1010449 Page 1 of 1
FILED AND RECORDED
Instrument Number
Recording Fee 34 00
Number Of Pages•4
2021006977
Filing and Recording Date 01/29/2021 8 09AM
I hereby certify that this instrument was FILED on the date and time stamped hereon
and RECORDED in the OFFICIAL PUBLIC RECORDS of Galveston County, Texas.
..
�. � :., ,.: \�<` � ice° .r•.
DO NOT DESTROY - Warning, this document is part of the Official Public Record
Exhibit A
A. Settlement Statement U.S. Department of Housing and vJ► id-' L265
Urban Development
B. Type of Loan
1. [:]FHA 2. ❑ FmHA 3. ❑Conv. Unins.
6. File Number.
1
7. Loan Number.
8. Mortgage Insurance Case Number.
4. ❑VA 5. ❑Conv. ins.
1010449
C. Note, Tids form Is fumahed to give you a statement ofactual settlement costs. Amounts paid to and by the settlement agent are she=. Items marked'(pA.a.rwere paid outside the dosing; they are
shown here formfomutiwnal proposes aid ere not Included in the totals.
D. Name 8 Address of Borrower.
E. Name 8 Address of Salley.
F Name 8 Address of Lender.
CITY OF FRIENDSWOOD
ESTATE OF MARIE G. MCELROY AKA MARIE
15355 BLACKHAWK BLVD.
MCELROY
FRIENDSWOOD, TX 77546
1648 WESTHILL BLVD.
WESTLAKE, OH 44145
G. Property location: H. Settlement Agent Tax ID: 74-0923770
0 POLLY RANCH ESTATES STEWART TITLE COMPANY
FRIENDSWOOD, TX 77546 (GALVESTON) 601 S FRIENDSWOOD DRIVE, SUITE 103, FRIENDSWOOD, TX 77546 (281) 819-
Place Of Settlement i. Settlement Date I Disbursement Date
601 S FRIENDSWOOD DRIVE, SUITE 103, 1f2212021 / 1122/2021
FRIENDSWOOD, TX 77546 (281) 819�4280
J. Summary of Borrower's Transaction K. Summary of Seller's Transaction
Ina_ Grnss Ammmt nun From Bnmaunw dna_ Arms Amnunt Due Tn Seller
101. Contract sales price
$17,275.00
401. Contract sales price
$17,275,00
102. Personal Property
402. Personal Property
103. Settlement Charges to Borrower (line 1400)
$391.00
403.
104.
404.
105.
405,
Adjustments for items paid by seller In advance
Adjustments for items paid by seller in advance
106. City/town taxes
406. City/town taxes
107. County taxes
407 County taxes
108. Assessments 1/22/2021 to 6/30/2021 @ $75.00/Year
$32.58
408. Assessments 1/22/2021 to 6130/2021 @ $75.OD/Year
$32.58
109.
409.
110.
410.
111.
411.
112,
412.
120. Gross Amount Due From Borrower
$17,696.58
420. Gross Amount Due To Seller
$17,307.58
200. Amounts Paid By Or in Behalf Of Borrower 500. Reductions In Amount Due To Seiler
201. Deposit or Earnest Money
5D7. Excess deposit (see instructions)
202. Principal amount of new loan
502. Settlement Charges to Seller (line 1400)
$3,260.15
203. Existing loan taken subject to
503. Existing loan(s) taken subject to
204.
504, Payoff of first mortgage loan
205.
505. Payoff of second mortgage loan
206.
506,
207.
507.
208. Gift of property
$17,275.00
508. Gift of property
$17,275.00
209.
509.
Adjustments for items unpaid by seller
Adjustments for items unpaid by seller
210. CityAown taxes 1/1/2021 to 1/2212021 @ $484.19/Year
$27.78
510. Cityltown taxes 1112021 to 1/2212021 @ $484.19/Year
$27.78
211. County taxes
511. County taxes
212. Assessments
512. Assessments
213.
513.
214
514
215.
515.
216.
516.
217.
517
218.
518.
219.
519.
220. Total Paid By/For Borrower
$17,307-78
520. Total Reduction Amount Due Seller
$20,552.93
At
302, Less Amounts Paid By/For Borrower (line 220) $17,302.78 1 602. Less Deduction in Amt. Due To Seller (line 520) $20,552.93
303.Cash Z From ❑To Borrower $395.80 1 603.Cash ❑To r,71 From Seller $3,245.35
Loan Number: File Number: 1010449 Page 1 of 3
C
L. Settlement Charges
700. Total SaleslBrokers Commission
Division of Commission (line 700) as follows: Paid esFrnds Seller's Funds
om
I
Paid From
701. to Sat Settlement
8D1. Loan Origination Fee
802, Loan Discount
803. Appraisal Fee
804,Credit Report
805. Lender's Inspection Fee
806. Mortgage Insurance Application Fee
807. Assumption Fee
900. Items Required W Lender To Be Paid In Advance
901. Interest
9D2. Mortgage Insurance Premium r
903. Hazard Insurance Premium
1000. Reserves Deposited With Lender
1001. Hazard insurence
1002, Mortgage insurance
1003. City property taxes
1004. County property taxes
1005. Annual assessments
1008. Aggregate accounting adjustment
IInn ru. Ph. -
1101. Settlement or dosing fee to Stewart Tige Company
$350.00
$350.00
1102, Abstract or title search
1103. Title examination
1105. Document preparation
1106. Notary fees
1107. Attorneys fees
(includes above item numbers: )
1108. Title Insurance to Stewart Title Company
$32B.00
(includes above item numbers: )
1109. Lenders coverage Premium $0.00 to Stewart Title Company
1110.Owner's coverage $17,275.00 Premium $328.00 to Stewart Title Company
1113. Tax Certificate Fee to Stewart Tige Company
$64.95
1114. TX Policy Guaranty Fee to Texas Title Policy Guaranty Fee - STC
$2.00
1115. a Record Fee (BuyerBorrower) to Stewart Title Company
$3.00
1301. Survey to NA Cynthia A Rama a $2,505.20
1302. Pest Inspection
1400. Total Settlement Charges (enter on line 103, Section J and 502, Section K) 1 $391.00 1 $3,250.15
Loan Number: File Number: 1010449 Page 2 of 3
I have carefully reviewed the HUD-1 Settlement Statementand to the best of my knowledge and belief It Is true and accurate statement of all receipts and disbursements made on my acmuntor by mein this transaction.
I fudher cedlfy that I have received a may of the HUD-1 Settlement Statement
BORROWERS SELLERS
City of Friendswood and.Es of iie f,. McEroy aka Made McElroy
Morad Kabiri, City Manager Dry . rRyclanan, MD, Executor
ap /,--?C5-2-0 L.�
The HUDA Settlement Statement which [have prepared is a true and accurate account of this transuffm [ have caused or I will cause the funds to be disbursed in aocordancewllh this statement.
Settlement Agent
Date
1/22/2021
VANN ANDRUS
WARNING: It is a crime to knowingly make false statements to the United States on this or any other similar form. Penalties upon conviction can include a fine and hirdsonment. For details see; Title 18 U.S. Code
Section 1001 and Section 1010
SUBSTITUTE FORM 1099 SELLER STATEMENT The infomra0on contained In Blocks E, G, Hand I and online 401(or, Kline 401 is asterisked, Ilnes403 and 404), 406, 407 and 408-412 (applicable pad of Buyers
real estate tax reportable to the IRS) Is Important lax Information and is being fumished to the Internal Revenue Service. if you are required to file a return, a negligence penalty orothersanc Lion will be Imposed on you If
this Item is required to be reported and the IRS determioes that It has not been reported.
SELLER INSTRUCTION -If this real estate was your principal residence, file form 2119, Sale or Exchange of Principal Residence, for any gain, with your Income tax return; for other transactions, complete the applicable
parts of form 4797 Form 6282 and/or Schedule D (Form 1040).
You am required to provide the Settlement Agent with your correct taxpayerlderdificafrm number.
If you do not provide the Settlement Agent with yourconeottaxpayer kfenlification number, you maybe subject to civil orcdmirol penalties.
Loan Number. File Number. 1010449 Page 3 of 3
i have carefully reviewed the HUD-1 Settlement Statement and to the best of my knowledge and belief It is true and accurate statement of all receipts and disbursements made on my account or by me In this transaction,
i further certify that I have received a copy or the HUD-1 Settlement Statement.
BORROWERS
City of Fds of fi
L 'F'--
orad Kabiri, Ciy anaM ger
SELLERS
and Estate of Marie G. McElroy aka Marie McElroy
Dr. J. V Ryckman, MD, Executor
The HUD-1 Settlement tementwhlc have preparyd is a We and accurate account of this transaction. I have caused or I will cause the funds to be disbursed In accordance with this statement.
SettlementAgent f¢, Date
1 # r` 1/22/2021
D'ANN ANDRUS
WARNING: It Is a cdmti tonowingly make false statements to the United States on this or any other slmliar form. Penalties upon conviction can include a fine and inprisonment. For details see; Title 18 U.S. Code
SeckoffI 01'Snd Secfio 010
SUBSTIVOTE-FOW 1099 SELLER STATEMENT The information contained In Blocks E. G, Hand I and online 401 (or, If line 401 Is asterisked, lines 403 and 404), 406, 407 and 408412 (applicable part of Buyers
real estate tax reportable to the IRS) Is important tax Information and is being furnished to the Internal Revenue Service. If you are required to file a return, a negligence penaltyor other sanction will be Imposed on you If
this Item Is required to be reported and the IRS determines that it has not been reported.
SELLER INSTRUCTION -If this real estate was your principal residence, file forth 2119, Sale or Exchange of Principal Residence, for any gain, with your Income tax return; for other transactions, complete the applicable
pads of form 4797 Form 6252 and/or Schedule D (Form 1040).
You are required to provide the SettlementAgent with your correct taxpayerldendfication number,
If you do not provide the SettlementAgent with your correct taxpayer Identillcation number, you maybe subject to civil or criminal penalties.
Loan Number: File Number; 1010449 Page 3 of 3
CONTACT INFORMATION FORM
SELLER(S): Estate of Marie G, McElroy aka Marie McElroy
Address below should be where you want to receive any further documentation in connection with this
closing:
X Current Address: 1648 Westhill Blvd. Westlake, OH 44145
Address:
Other Address as shown below:
(City) (State) (Zip) (County)
Phone(s): Home: 440-871-3700
Work: Same Cell:
Email Address: cozzasteuer@aol com
Email Address:
File No. 1010449
CONTACT INFORMATION FORM
BUYER(S): City of Friendswood
Address below should be where you want to receive any further documentation in connection with this
closing:
Property Address: 0 Polly Ranch Estates, Friendswood, TX 77546
x Current Address: 15355 Blackhawk Blvd. Friendswood, TX 77546
Address:
Other Address as shown below -
(City) (State) (Zip) (County)
Phone(s): Home:
Work: Cell:
Email Address:
Email Address:
File No. 1010449
NOTARY RECORD
File No. 1010449 Date of Notarization:
Legal Description:
Lot Sixty-two (62) of POLLY RANCH ESTATES REVISED & INCREASED, according to the map or plat thereof as
recorded in Volume 254-A, Page 74, later transferred to Plat Record 2, Map Page No. 92, and as shown as NOT PART
OF SUBDIVISION on the Replat of Polly Ranch Estates in Mao Volume 15, Pape 4, of the Map Records in the Office of
the County Clerk of Galveston County Texas.
Additional Pertinent
Information -Notary Fee:
TYPE OF DOCUMENT DOCUMENT DATE NOTARIAL ACT*
Deed
Deed of Trust
Water Notice
Not Same Person
Affidavit Debts & Liens
Occupancy Affidavit
Signature Affidavit
Release
Compliance Agreement
Sellers Affidavit
Borrowers Affidavit
DT to Secure Assumption
Notice to Purchaser
Status Certification
Address Certification
Survey Affidavit
Repair Affidavit
Encroachment Affidavit
Hold Harmless Affidavit
Title Company Disclosure
Name and Address of Grantee (if applicable)
Printed Name of Grantor(s) or Maker(s)
Street Address:
City
Please Fill Out Information Below
State
Zip
I affirm that by my signature hereon that I am the person whose name appears on the referenced documents, and
that I have signed said documents for the purposes and consideration therein expressed.
Signature
Signature
Identification
Identification
* 01) Jurat 02) Acknowledgement 03) Certified Copy
File No. 1010449 Page 1 of 1
AFFILIATED BUSINESS ARRANGEMENT DISCLOSURE STATEMENT
To: Sellers: Estate of Marie G. McElroy aka Marie McElroy
Purchasers/Borrowers: City of Friendswood
From: Stewart Title Company
Date: .2020
File No. 1010449
Property Address (Subject Property): 0 Polly Ranch Estates, Friendswood, TX 77546
This is to give you notice that Stewart Title Company and/or its associates have a business relationship
with the settlement service providers listed below
Stewart Title Company owns 100% of Professional Real Estate Tax Service of North Texas, LLC and
100% of Professional Real Estate Tax Service, LLC. Because of these relationships, referrals to either
LLC may provide Stewart Title Company with a financial or other benefit.
Set forth below is the estimated charge or range of charges for the settlement services listed. You are
NOT required to use the listed providers as a condition for the settlement of your loan on, or the
purchase, sale, or refinance of, the subject property THERE ARE FREQUENTLY OTHER SETTLEMENT
SERVICE PROVIDERS AVAILABLE WITH SIMILAR SERVICES. YOU ARE FREE TO SHOP AROUND
TO DETERMINE THAT YOU ARE RECEIVING THE BEST SERVICES AND BEST RATE FOR THESE
SERVICES.
Provider and Settlement Service Charge or Range of Charges
Professional Real Estate Tax Service $22.50 to $90.00
tax certificate(s)
ACKNOWLEDGEMENT
I/We have read this disclosure, and understand that Stewart Title Company and/or its associates is
referring me/us to purchase the above described settlement service(s) and may receive a financial or
other benefit as the result of these referrals.
Seller(s):
and Estate of Marie G. McElroy aka Marie McElroy
Dr J. V Ryckman, MD Executor
P u rchaser(s)/B orrower(s):
City of Friendswood
rad Kabiri, City Manager
After signing, please return to D'Ann Andrus, 601 S Friendswood Drive, Ste 103, Friendswood, TX
77546, Phone: (281) 819-4280, Fax: (281) 605-1319
File No. 1010449 Page 1 of 1
ADDENDUM TO HUD 1 SETTLEMENT STATEMENT
File No. 1010449 Date: , 2020
Legal:
Lot Sixty-two (62) of POLLY RANCH ESTATES REVISED & INCREASED, according to the map or plat thereof as
recorded in Volume 254-A, Page 74 later transferred to Plat Record 2, Map Page No. 92, and as shown as NOT PART
OF SUBDIVISION on the Replat of Polly Ranch Estates in Map Volume 15, Page 4, of the Map Records in the Office of
the County Clerk of Galveston County Texas.
I have carefully reviewed the HUD 1 Settlement Statement and to the best of my knowledge and belief, it is a true and
accurate statement of all receipts and disbursements made on my account or by me in this transaction.
The Company has deposited the earnest money that it has received in a demand deposit account that is federally insured
to the maximum extent permitted by law Demand deposit accounts are non -interest bearing pursuant to federal law but
offer immediately available funds for withdrawal after a check has cleared.
The Company may receive other benefits from the financial institution where the funds are deposited. Based upon the
deposit of escrow funds in demand accounts and other relationships with the financial institution, Title Company is eligible
to participate in a program offered by the financial institution whereby the Title Company may (i) receive favorable loan
terms and earn income from the investment of loan proceeds and (ii) receive other benefits offered by the financial
institution.
The Seller's and Purchaser'slBorrower's signatures hereon acknowledge their approval and signify their understanding
that tax and insurance pro -rations and reserves are based on figures for the preceding year or supplied by others or
estimated for the current year and in the event of any change for the current year all necessary adjustments will be made
between Purchaser/Borrower and Seller directly Any deficit in delinquent taxes or mortgage payoffs will be promptly
reimbursed to the Settlement Agent by the Seller
The parties have read and understood the above sentences, and recognize that the above relations herein are material
and important. The parties agree to these statements, and recognize Title Company is relying on these recitations in
closing this transaction.
I certify and acknowledge that I have received a copy of this HUD 1 Settlement Statement and have read and understood
the disclosure stated above.
and Estate of Marie G. McElroy aka Marie McElroy City of FT.0ndswo90/
L a
Dr J. V Ryckman, MD, E ecutor grad Kabiri,'City Manager
The HUD 1 Settlement tatent whi h I have prepared is a true and accurate account of this transaction. I have
caused or will cause the fu`M s to a disb rsed, in�,,accordance with this statement.
i
Settlement Agent: ' Date:
D'Ann Andrust
WARNING: It is a crime to knowingly make false statements to the United States on this or any other similar form.
Penalties upon convictkA include a fine and imprisonment. For details, see: Title 18 U.S. Code Sections 1001 and 1010.
ADDENDUM TO HUD 1 SETTLEMENT STATEMENT
File No. 1010449 Date: 2020
Legal:
Lot Sixty-two (62) of POLLY RANCH ESTATES REVISED & INCREASED, according to the map or plat thereof as
recorded in Volume 254-A, Page 74, later transferred to Plat Record 2, Map Page No. 92, and as shown as NOT PART
OF SUBDIVISION on the Replat of Polly Ranch Estates in Mao Volume 15, Pace 4, of the Map Records in the Office of
the County Clerk of Galveston County Texas.
I have carefully reviewed the HUD 1 Settlement Statement and to the best of my knowledge and belief, it is a true and
accurate statement of all receipts and disbursements made on my account or by me in this transaction.
The Company has deposited the earnest money that it has received in a demand deposit account that is federally insured
to the maximum extent permitted by law. Demand deposit accounts are non -interest bearing pursuant to federal law but
offer immediately available funds for withdrawal after a check has cleared.
The Company may receive other benefits from the financial institution where the funds are deposited. Based upon the
deposit of escrow funds in demand accounts and other relationships with the financial institution, Title Company is eligible
to participate in a program offered by the financial institution whereby the Title Company may (i) receive favorable loan
terms and earn income from the investment of loan proceeds and (ii) receive other benefits offered by the financial
institution.
The Seller's and Purchaser's/Borrower's signatures hereon acknowledge their approval and signify their understanding
that tax and insurance pro -rations and reserves are based on figures for the preceding year or supplied by others or
estimated for the current year and in the event of any change for the current year all necessary adjustments will be made
between Purchaser/Borrower and Seller directly Any deficit in delinquent taxes or mortgage payoffs will be promptly
reimbursed to the Settlement Agent by the Seller
The parties have read and understood the above sentences, and recognize that the above relations herein are material
and important. The parties agree to these statements, and recognize Title Company is relying on these recitations in
closing this transaction.
I certify and acknowledge that I have received a copy of this HUD 1 Settlement Statement and have read and understood
the disclosure stated above.
� 1
a Estat of Tar�iElr a Marie A Elroy y City of Friendswood
r . V Ryckman, D, Executor Morad Kabin, City Manager
The HUD 1 Settlement Statement which I have prepared is a true and accurate account of this transaction. I have
caused or will cause the funds to be disbursed in accordance with this statement.
Settlement Agent: Date:
D'Ann Andrus
WARNING: It is a crime to knowingly make false statements to the United States on this or any other similar form.
Penalties upon conviction include a fine and imprisonment. For details, see: Title 18 U.S. Code Sections 1001 and 1010.
TITLE COMPANY DISCLOSURES
File Number- 1010449
Seller (whether one or more): Estate of Marie G. McElroy aka Marie McElroy
Buyer (whether one or more): City of Friendswood
Lender-
Property -
Lot Sixty-two (62) of POLLY RANCH ESTATES REVISED & INCREASED according to the map or plat thereof as
recorded in Volume 254-A, Page 74, later transferred to Plat Record 2, Map Page No. 92, and as shown as NOT PART
OF SUBDIVISION on the Replat of Polly Ranch Estates in Map Volume 15, Page 4, of the Map Records in the Office of
the County Clerk of Galveston County Texas.
Street Address: 0 Polly Ranch Estates, Friendswood, TX 77546
By initialing some or all of the following items as may be appropriate for this transaction, each Seller and/or Buyer
acknowledges their understanding of the disclosures being made by Stewart Title Company (hereinafter called 'Title
Company"). Each disclosure is being made to Buyer and Seller on behalf of both Title Company and its title insurance
underwriter
Buyer's 1) WAIVER OF INSPECTION. In consideration of the issuance by Title Company to Buyer of
In'ti I either an Owner's Policy of Title Insurance (T-1) or a Residential Policy of Title Insurance (T-
1 R) - (in this document either such policy unless specifically referred to otherwise, is referred to
as the 'Owner Title Policy") insuring good and indefeasible title to the Property except as to be
shown in Schedule B of the Owner Title Policy and subject to the terms and conditions of such
Owner Title Policy Buyer hereby waives any obligation on the part of Title Company to inspect
the Property
Buyer agrees to accept an Owner Title Policy containing the Schedule B exception for 'Rights
of Parties in Possession." "Rights of Parties in Possession' shall mean one or more persons or
entities who are themselves actually physically occupying the property or a portion thereof
under a claim or right adverse to the insured owner of the Property as shown on Schedule A of
the Owner Title Policy Within the meaning of this exception, 'possession' includes open acts
or visible evidence of occupancy and any visible and apparent roadway or easement on or
across all or any part of the Property but this exception does not extend to any right, claim, or
interest evidenced by a document recorded in the real estate records maintained by the County
Clerk of the county in which the Property is located.
However if the Buyer does not initial this paragraph, the Buyer is indicating the Buyer's refusal
to accept an Owner Title Policy containing an exception as to "Rights of Parties in Possession.
The Title Company may then require an inspection of the Property and additional charges may
be assessed for the reasonable and actual costs of such an inspection. Title Company may
make additional exceptions in Schedule B of the Owner Title Policy for matters as revealed by
such inspection.
Buyer's 2) RECEIPT OF COMMITMENT Buyer hereby acknowledges having received and reviewed a
I iti s copy of the Commitment for Title Insurance issued in connection with the above referenced
transaction and any copies of the documents described therein requested by Buyer Buyer
understands that the Owner Title Policy will contain the exceptions set forth in Schedule B of
the Commitment for Title Insurance, together with any additional exceptions to title resulting
from the final downdate search of the public records and from the documents involved in this
transaction and any additional exceptions for items shown on Schedule C of the Commitment
for Title Insurance which have not been resolved.
-- - -- ' "' _ - - - - - - --MWM ___---
Buyer's 4) ACCEPTANCE OF SURVEY Buyer has received and reviewed a copy of the survey of the
ials Property provided in connection with this transaction.
-
File No. 1010449 Page 1 of 3
Title Company Disclosures
W
_ .
..N.
FA �.-VTMMMMV
Buyer's 6) FLOOD-PLAIN/FLOOD HAZARD ACKNOWLEDGEMENT Title Company has not attempted
1 'tial to determine if the Property lies in a special flood hazard area, and Title Company has not
made any representation concerning proximity of the Property in relation to any flood -plain or
flood hazard area. Buyer is advised that information concerning special flood hazard areas
may be available from county or municipal offices, a qualified surveyor or land -engineering
company or a private flood -plain consultant.
Seller's Buyer's 7) PROPERTY TAX PRORATIONS. Property taxes for the current year have been prorated
Initials I i ' Is between Buyer and Seller who each acknowledge and understand that these prorations are
based upon (a) the sales price or the most current appraised value available and the most
current tax rate available or (b) some other common method of estimation. 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 Title Company on demand, for any sums
paid by the Title Company to pay such taxes, and any related penalty and interest.
Buyer and Seller each agree that, when amounts of the current year's taxes become
known and payable (on or about October 1st), they will adjust any changes of the
proration and reimbursement between themselves and that Title Company shall have no
liability or obligation with respect to these prorations.
Buyer's 8) TAX RENDITION AND EXEMPTIONS. Although the Central Appraisal District (CAD) may
In'ti independently determine Buyer's new ownership and billing address, Buyer is still obligated by
law to 'render" the Property for taxation by notifying the CAD of the change in the Property's
ownership and of Buyer's proper address for tax billing. Buyer is advised that current year's
taxes may have been assessed on the basis of various exemptions obtained by Seller (e.g.
homestead or over-65).
It is the Buyer's responsibility to qualify for Buyer's own tax exemptions and to meet any
requirements prescribed by the taxing authorities. Buyer acknowledges and understands
these obligations and the fact that Title Company assumes no responsibility for future accuracy
of CAD records concerning ownership, tax -billing address, or status of exemptions.
Buyer's 9) HOMEOWNER'S ASSOCIATION. Buyer acknowledges that if ownership of the Property
I it' involves membership in a Homeowner's, Condominium or other Property Owner's Association,
to which monthly or annual dues or assessments may be owed, these dues or assessments
may be enforceable by a lien against the Property Buyer understands that the Association (or
its managing agent) should be contacted by Buyer immediately to ascertain the exact amount of
future dues or assessments. Title Company has made no representations with respect to, such
Association's annual budget, pending repairs or deferred maintenance, if any or other debts of
the Association. Buyer accepts sole responsibility to obtain such information and verify its
accuracy to Buyer's satisfaction.
Seller's Buyer's 10) CLOSING DISCLAIMER. Seller and Buyer each acknowledge and understand that the above
Initials Iflitiat referenced transaction has not yet "closed." Any change in possession of the Property takes
� place at Buyer's and Seller's own risk. This transaction is not 'closed' until:
A) All Title requirement are completed to the satisfaction of Title Company-
B) All necessary documents are properly executed, reviewed, and accepted by the parties to
this transaction and by Title Company- and,
C) All funds are collected and delivered to and accepted by the parties to whom they are due.
File No. 1010449 Page 2 of 3
Title Company Disclosures
Seller's 11) IRS REPORTING. Seller acknowledges having received at closing a copy of the Substitute
Initials Form 1099-S. In accordance with federal tax regulations, this information will be furnished to
the Internal Revenue Service.
Seller's Buyer's 12) ERRORS AND OMISSIONS. In the event that any of the documents prepared in connection
Initials I 'ti I 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 the Title Company or to a
mutual mistake on the part of the Title Company and/or the Seller and/or the Buyer the
undersigned agree to execute, in a timely manner such correction documents as Title
Company may deem necessary to remedy such inaccuracy or misstatement.
Buyer's 13) ATTORNEY REPRESENTATION AND NOTICE. Buyer may wish to consult an attorney to
MI ' ' Is discuss the matters shown on Schedule B or C of the Commitment for Title Insurance that was
b issued in connection with this transaction. These matters will affect the title and use of the
Property The Title Insurance Policy will be a legal contract between Buyer and the underwriter
Neither the Commitment for Title Insurance nor the Title Insurance Policy are abstracts of title,
title reports or representations of title. They are contracts of indemnity No representation is
made that your intended use of the Property is allowed under law or under the restrictions or
exceptions affecting the property
Seller's Buyer's 14) PRIVACY CONSENT The undersigned hereby authorize Title Company to provide copies of
Initials 1 it' any closing statements, loan documents, financial information, commitments, approval letters,
appraisals, inspection reports, insurance policies, contracts, payoffs, transaction documents,
and other nonpublic personal information in connection with our transaction to the real estate
broker and real estate agent.
Seller(s):
Date:
2021
and Estate of Marie G. McElroy aka Marie McElroy
Dr J V Ryckman, MD, Executor
State of Texas
County of Galveston
The foregoing instrument was acknowledged before me this day of 2021 by Dr J.V
Ryckman, M.D as Executor of Estate of Marie G. McElroy aka Marie McElroy
Notary Public in and for the State of Texas
My Commission Expires:
Buyer(s):
Date: 2021
City of Fmndswood
,Iworad Kabir' City Manager
State of Texas
County of Galveston
The foregoing instrument was acknowledged before me this Z5 day of 2021 by Morad Kabiri
s it Manager Cit of Friends>od.
Public in and for he S at of Texas
My Commission Expires: _
it Tb
t ¢ t ry I i 1 :!
File No. 1010449 Page 3 of 3
Title Company Disclosures
TITLE COMPANY DISCLOSURES
File Number• 1010449
Seller (whether one or more): Estate of Marie G. McElroy aka Marie McElroy
Buyer (whether one or more): City of Friendswood
Lender
Property -
Lot Sixty-two (62) of POLLY RANCH ESTATES REVISED & INCREASED, according to the map or plat thereof as
recorded in Volume 254-A, Page 74, later transferred to Plat Record 2. Map Page No. 92, and as shown as NOT PART
OF SUBDIVISION on the Replat of Polly Ranch Estates in Map Volume 15, Page 4, of the Map Records in the Office of
the County Clerk of Galveston County Texas.
Street Address: 0 Polly Ranch Estates, Friendswood, TX 77546
By initialing some or all of the following items as may be appropriate for this transaction, each Seller and/or Buyer
acknowledges their understanding of the disclosures being made by Stewart Title Company (hereinafter called 'Title
Company"). Each disclosure is being made to Buyer and Seller on behalf of both Title Company and its title insurance
underwriter
Buyer's 1) WAIVER OF INSPECTION. In consideration of the issuance by Title Company to Buyer of
Initials either an Owner's Policy of Title Insurance (T-1) or a Residential Policy of Title Insurance (T-
1 R) - (in this document either such policy unless specifically referred to otherwise, is referred to
as the "Owner Title Policy") insuring good and indefeasible title to the Property except as to be
shown in Schedule B of the Owner Title Policy and subject to the terms and conditions of such
Owner Title Policy Buyer hereby waives any obligation on the part of Title Company to inspect
the Property
Buyer agrees to accept an Owner Title Policy containing the Schedule B exception for 'Rights
of Parties in Possession. "Rights of Parties in Possession' shall mean one or more persons or
entities who are themselves actually physically occupying the property or a portion thereof
under a claim or right adverse to the insured owner of the Property as shown on Schedule A of
the Owner Title Policy Within the meaning of this exception, 'possession' includes open acts
or visible evidence of occupancy and any visible and apparent roadway or easement on or
across all or any part of the Property but this exception does not extend to any right, claim, or
interest evidenced by a document recorded in the real estate records maintained by the County
Clerk of the county in which the Property is located.
However if the Buyer does not initial this paragraph, the Buyer is indicating the Buyer's refusal
to accept an Owner Title Policy containing an exception as to 'Rights of Parties in Possession.
The Title Company may then require an inspection of the Property and additional charges may
be asiessed for the reasonable and actual costs of such an inspection. Title Company may
make additional exceptions in Schedule B of the Owner Title Policy for matters as revealed by
such inspection.
Buyer's 2) RECEIPT OF COMMITMENT Buyer hereby acknowledges having received and reviewed a
Initials copy of the Commitment for Title Insurance issued in connection with the above referenced
transaction and any copies of the documents described therein requested by Buyer Buyer
understands that the Owner Title Policy will contain the exceptions set forth in Schedule B of
the Commitment for Title Insurance, together with any additional exceptions to title resulting
from the final downdate search of the public records and from the documents involved in this
transaction and any additional exceptions for items shown on Schedule C of the Commitment
for Title Insurance which have not been resolved.
��:m[��l ��i♦i�■�•�-� �•�-�ryr=�enmTarrrmsarrrsresrr.�a�rrnrrsso:T-�:rr_m:�:s�a�na
Buyer's 4) ACCEPTANCE OF SURVEY Buyer has received and reviewed a copy of the survey of the
Initials Property provided in connection with this transaction.
604
by the suwey.
BY INITIALING ING THE DESIRED i INE IRI MEDIATEI V BEI 0 B tvcolo0RRQI, E-R DOES
File No. 1010449 Page 1 of 3
Title Company Disdosures
File No. 1010449 Page 2 of 3
Title Company Disclosures
Seller's
11) IRS REPORTING. Seller acknowledges having received at closing a copy of the Substitute
Initials
Form 1099-S. In accordance with federal tax regulations, this information will be furnished to
the Internal Revenue Service.
Seller's Buyers
12) ERRORS AND OMISSIONS. In the event that any of the documents prepared in connection
Initials Initials
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 the Title Company or to a
mutual mistake on the part of the Title Company and/or the Seller and/or the Buyer the
undersigned agree to execute, in a timely manner such correction documents as Title
Company may deem necessary to remedy such inaccuracy or misstatement.
Buyers 13) ATTORNEY REPRESENTATION AND NOTICE. Buyer may wish to consult an attorney to
Initials discuss the matters shown on Schedule B or C of the Commitment for Title Insurance that was
issued in connection with this transaction. These matters will affect the title and use of the
Property The Title Insurance Policy will be a legal contract between Buyer and the underwriter
Neither the Commitment for Title Insurance nor the Title Insurance Policy are abstracts of title,
title reports or representations of title. They are contracts of indemnity No representation is
made that your intended use of the Property is allowed under law or under the restrictions or
exceptions affecting the property
Seller's Buyer's 14) PRIVACY CONSENT The undersigned hereby authorize Title Company to provide copies of
Initials Initials any closing statements, loan documents, financial information, commitments, approval letters,
appraisals, inspection reports, insurance policies, contracts, payoffs, transaction documents,
.l and other nonpublic personal information in connection with our transaction to the real estate
broker and real estate agent.
Seller(s):
Date: /6 .2021
andI7sta of Mar' f Mc r y aka Marie McElroy
F R ckman
UB � + _M ,Executor
C�
State of Texas
County of Galveston , y
The foregoing instrument was acknowledged before me this day of 2021y Drt 9D.'!eo
Ryck n, M.D. awtxecutor of Estate of Marie G. McElroy aka Marie McElroy
ii
Nota JP, i and for the Ste of �exss�{aMy oion Expires: 111hij
0
Buyer(s):�
Date: �, 2 t� 2021 0
City of Friendswood
CC �np B
Morad Kabiri, City Manager
State of Texas
County of Galveston
The foregoing instrument was acknowledged before me this day of 2021 by Morad Kabiri
as City Manager of City of Friendswood.
Notary Public in and for the State of Texas
My Commission Expires:
File No. 1010449 Page 3 of 3
Tide Company Disclosures
NOTARY RECORD
File No. 1010449 Date of Notarization:
Legal Description:
Lot Sixty-two (62) of POLLY RANCH ESTATES REVISED & INCREASED, according to the map or plat thereof as
recorded in Volume 254-A, Page 74, later transferred to Plat Record 2, Map Page No. 92, and as shown as NOT PART
OF SUBDIVISION on the Replat of Polly Ranch Estates in Mao Volume 16. Page 4, of the Map Records in the Office of
the County Clerk of Galveston County Texas.
Additional Pertinent
Information -Notary Fee:
TYPE OF DOCUMENT DOCUMENT DATE NOTARIAL ACT*
Deed
Deed of Trust
Water Notice
Not Same Person
Affidavit Debts & Liens
Occupancy Affidavit
Signature Affidavit
Release
Compliance Agreement
Sellers Affidavit
Borrowers Affidavit
DT to Secure Assumption
Notice to Purchaser
Status Certification
Address Certification
Survey Affidavit
Repair Affidavit
Encroachment Affidavit
Hold Harmless Affidavit
Title Company Disclosure
Name and Address of Grantee (if applicable)
Please Fill Out Information Below
Printed Name of Grantor(s) orMaker(s) Estate of Marie G McElroy, Joseph V. Ryckman, Executor
Street Address: 1648 Westhill Blvd
city Westlake state OH zip 44145
1 affirm that by my signature hereon,#Mt 1 am the person whose name appears on the referenced documents, and
that 1 have signed said document9fikr the p poses and consideration therein expressed.
Signature Identification
Signature
Identification
* 01) Jurat 02) Acknowledgement 03 Certified Cop
File No. 1010449 Page 1 of 1
GAP INDEMNITY AGREEMENT
File / Commitment / Preliminary Report No. 1010449
Premises Address / Location: 0 Polly Ranch Estates, Friendswood, TX 77546
WHEREAS, Stewart Title Guaranty Company ("Stewart") has been asked to issue its policy(ies) of title
insurance or 'marked up" commitment(s) to proposed insured(s) covering the Premises referenced above
(the 'Premises") prior to recording the deed, mortgage, deed of trust and/or other instruments required to
be recorded (collectively the "Closing Documents") without taking exception in such policy(ies) or
commitment(s) to matters which may arise between the last Effective Date of the commitment /
preliminary report referenced above and the date and time of recording of the Closing Documents (the
"Gap Period"), which matters may be an encumbrance on or affect title to the Premises.
NOW THEREFORE, in consideration of Stewart issuing its policy(ies) of title insurance or 'marked up'
commitment(s) as of the date of recording of the Closing Documents without taking exception to matters
which may arise during the Gap Period, the undersigned agrees to: (1) promptly remove, release, bond or
otherwise dispose of, to the satisfaction of Stewart, in its sole discretion, all liens, encumbrances or other
objectionable matters filed or recorded against the Premises during the Gap Period, and (2) indemnify
defend and hold Stewart harmless against all claims, costs, losses, liabilities, damages and expenses,
including without limitation, attorney's fees and expenses, arising out of or relating to all such matters and
the failure to promptly remove, release, bond or otherwise dispose of them, to the satisfaction of Stewart,
in its sole discretion.
Executed this 2�' day of 2021
Indemnitor(s):
a E to o Marie G. WEI aka M McElroy 2f
�.� %4
r V yckman, MD
, Exruto
State of se2A-7
County of Galveston
Sworn to and subscribed before me, the undersigned author'ty by Dr J.V Ryckman, M.D. as Executor of
Estate of Marie Z �oya arie McElroy on this the day of 2021
Notary Pbd or the State of Ohio
My Commission Expires: None
Arlene
PUBLIC s STATE
has no
W 03 ®.R,C,
AFFILIATED BUSINESS ARRANGEMENT DISCLOSURE STATEMENT
To:
Sellers: Estate of Marie G. McElroy aka Marie McElroy
Purchasers/Borrowers: City of Friendswood
From:
Stewart Title Company
Date:
/ _ ), Z ( 2020
File No.
1010449
Property Address (Subject Property): 0 Polly Ranch Estates, Friendswood, TX 77546
This is to give you notice that Stewart Title Company and/or its associates have a business relationship
with the settlement service providers listed below.
Stewart Title Company owns 100% of Professional Real Estate Tax Service of North Texas, LLC and
100% of Professional Real Estate Tax Service, LLC. Because of these relationships, referrals to either
LLC may provide Stewart Title Company with a financial or other benefit.
Set forth below is the estimated charge or range of charges for the settlement services listed. You are
NOT required to use the listed providers as a condition for the settlement of your loan on, or the
purchase, sale, or refinance of, the subject property THERE ARE FREQUENTLY OTHER SETTLEMENT
SERVICE PROVIDERS AVAILABLE WITH SIMILAR SERVICES. YOU ARE FREE TO SHOP AROUND
TO DETERMINE THAT YOU ARE RECEIVING THE BEST SERVICES AND BEST RATE FOR THESE
SERVICES.
Provider and Settlement Service Charge or Range of Charges
Professional Real Estate Tax Service $22.50 to $90.00
tax certificate(s)
ACKNOWLEDGEMENT
I/We have read this disclosure, and understand that Stewart Title Company and/or its associates is
referring me/us to purchase the above described settlement service(s) and may receive a financial or
other benefit as the result of these referrals.
Seller(s):
i
a Fs°tete o ari4G.1 y aka fie McElroy
V. yckman,tor F
Purchasers)/Borrowr(s):
City of Friendswood
Morad Kabiri, City Manager
After signing, please return to D'Ann Andrus, 601 S Friendswood Drive, Ste 103, Friendswood, TX
77546, Phone: (281) 819-4280, Fax: (281) 605-1319
File No. 1010449
Page 1 of 1
V foreign entity (as defined in the Internal Revenue Code and Income Tax Regulations). Serrertsf s u.a. Willy-Y.,
identification number (or social security number) is: XXX-XX- Seller(s)'s address (office address, if seller
is an entity, home address if seller(s) is/are an individual) is:
11 Seller acknowledges that the pay-off statements received by Stewart Title Company from current mortgagees may be
subject to said mortgagee's final audit after receipt of pay-off funds resulting in a demand by said mortgagee for
additional funds and Seller upon request agrees to forward said funds forthwith.
File No. 1010449
M^stewart
-----TITLE
February 8, 2021
City of Friendswood
15335 Blackhawk Blvd.
Friendswood, Texas 77546
File No.: 1010449
Property Address: 0 Polly Ranch Estates, Friendswood, TX 77546
Congratulations on the completion of your recent real estate purchase. The enclosed policy of title
insurance should be kept with your other important records regarding this transaction.
Everyone at Stewart Title Company is always committed to providing you with the professionalism and
expertise that you desire. Should you have any questions regarding your policy of title insurance, please
do not hesitate to call.
Sincerely,
Stewart Title Company
WA
A IGINAL
Recorded
GENERAL WARRANTY DEED
STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF GALVESTON §
THAT DR. JOSEPH RYCKMAN, ANCILLARY INDEPENDENT EXECUTOR OF THE
ESTATE OF MARIE MCELROY, DECEASED ("Grantor/Donoro), wishes to transfer this properly
as a gift and without consideration to the GranteelDonee herein named, has GRANTED,
BARGAINED, SOLD AND CONVEYED and by these presents does GRANT, BARGAIN, SELL
AND CONVEY unto the CITY OF FRIENDSWOOD, TEXAS, a Home -Rule City of the State of
Texas ("Grantee/Donee"), all of the property described as Lot Sixty-two (62) of POLLY RANCH
ESTATES REVISED & INCREASED, according to the map or plat thereof as recorded in Volume
254-A, Page 74, later transferred to Plat Record 2, Map Page No. 92, and as shown as NOT
PART OF SUBDIVISION on the Replat of Polly Ranch Estates in Map Volume 15, Page 4, of the
Map Records in the Office of the County Clerk of Galveston County, Texas, and further described
in the survey attached in Exhibit `A" (the "Properly%).
THIS CONVEYANCE IS MADE BY GRANTOR/DONOR AND ACCEPTED BY
GRANTEE/DONEE subject to the terms, conditions and provisions hereof and further subject to
all applicable easements, conditions, restrictions, covenants, mineral or royalty interests, mineral
reservations, regulations or orders of municipal and/or other governmental authorities, if any, or
other matters of record, to the extent, but only to the extent, they are validly existing and affect
the Property.
TO HAVE AND TO HOLD the Property, together with all and singular the rights and
appurtenances thereto and in anywise belonging, unto the said Grantee/Donee, its successors
and assigns forever, and Grantor/Donor does hereby bind itself, its successors and assigns, to
Warrant and Forever Defend all and singular the Property unto the said Grantee/Donee, its
successors and assigns, against every person whomsoever lawfully claiming or to claim the same
of any part thereof.
Executed this � day of �� h u [tt 2021.
[Signature pages follow this page.]
4
R. JOSEPH RYCKMAN, ANCILLARY INDEPENDENT
EXECUTOR OF THE ESTATE OF MARIE MCELROY,
T+Z
Title: "&VIC f/lhLly 3 (¢fC
THE STATE OF
COUNTY OFC�— §
This instrument was acknowledged before me on .Um. f 2021 by
%Pc�1�2�rlcr�o.r. ,
(title) of
EOWARO T. MANNN!(I III
Notary Public, Slate at Ohio
My Commission Expires Notary Public, State of n)\]o
, o � January god, 2022
ACCEPTED BY:
The City of F. fiend o
By:
Na e: �i�``� l4-W I(L(
Title: e�117 "UO*UW-A,E6-
THE STATE OF TEXAS §
COUNTY OF GALVESTON §
This instrument was acknowledged before me on • J 261 2021 by
IYt ,G 0 (title) of
,. n .. a All.rN[ t J All A. l
AFTER RECORDING RETURN TO:
City Secretary
State of Texas
"""��. GLENDA C. FAULKNER
::• ..y;NotaryPublic,
O Comm. Expires 06-01-2022
NotarylD 125711933
FILED AND RECORDED
Instrument Number: 202M06977
Recording Fee: 34.00
Number Of Pages:4
ng and Recording Date: O1/29/2021 8:09AM
I hereby certify
that this instrument was
FILED on the
date and
time stamped hereon
and RECORDED
in the OFFICIAL PUBLIC
RECORDS of
Galveston
County, Texas.
�,..
Cxxilveston C" omity `:i oxas
DO NOT DESTROY -Warning, this document is part of the Official Public Record.
Allstewart
OWNER'S POLICY OF TITLE INSURANCE
ISSUED BY
STEWART TITLE GUARANTY 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, STEWART TITLE GUARANTY 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.
IN WITNESS
WHEREOF,
Stewart Title Guaranty
Company has caused this policy to be signed and
sealed by
its duly authorized
officers as of
Date of Policy
shown in Schedule A.
Authorized Countersignature
Stewart Title Company
601 S Friendswood Drive, Suite 103
Friendswood, TX 77546 10
Frederick H. Eppinger
President and CEO
Denise
Secretary
For coverage information or assistance
resolving a
wmplaint
call
(900)
729-1902 or
visit K+wi.slewart.com.
To
make a
Geim, furnish written
notice in accordance
vnlh Section 3 of the Conditions.
File No.: 1010449
Form T-1 Ovmer's Policy of Title Insurance 1-3-14
Policy Serial No.: 0-5966-258915
Page 1 at it
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;
(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:
(1) to be timely, or
(11) 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.
11, 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,
attorneysfees 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 B.
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
(a) 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.: 1010449
Form T-1 Owner's Policy of Title Insurance 1-3-14
Policy Serial No.: 0-5986-258915
Page 2 0f 11
i111YlIQ0R
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 Policy": The date designated as "Date of Policy" In Schedule A.
(c)
"Entity": A corporation, partnership, trust, limited liability company or other similar legal entity.
(d)
"Insured": the Insured named in Schedule A.
(i) The term "Insured" also includes:
(A) successors to the Title of the Insured by operation of law as distinguished from purchase, including heirs, devisees,
survivors, personal representatives or next of kin;
(B) successors to an Insured by dissolution, merger, consolidation, distribution or reorganization;
(C) successors to an Insured by its conversion to another kind of Entity;
(D) a grantee of an Insured under a deed delivered without payment of actual valuable consideration conveying the Title;
(1) If the stock, shares, memberships, or other equity interests of the grantee are wholly -owned by the named Insured,
(2) If the grantee wholly owns the named Insured,
(3) If the grantee is wholly -owned by an affiliated Entity of the named Insured, provided the affiliated Entity and the
named
Insured are both wholly -owned by the same person or Entity, or
(4) If the grantee is a trustee or beneficiary of a trust created by a written instrument established by the Insured named
in Schedule A for estate planning purposes.
(it) 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.
(a)
"Insured Claimant": an Insured claiming loss or damage.
(0
"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 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.
(i)
"Public Records": records established under stale statutes at Date of Policy for the purpose of imparting constructive notice of
matters relating to real property to purchasers for value and without Knowledge. With respect to Covered Risk 5(d), "Public
Records" shall also include environmental protection liens filed in the records of the clerk of the United States District Court for the
district where the Land is located.
0)
"Title": the estate or interest described in Schedule A.
(k)
"Unmarketable Title": Title affected by an alleged or apparent matter that would permit a prospective purchaser or lessee of the
Title or lender on the Title to be released from the obligation to purchase, lease or lend if there is a contractual condition requiring
the delivery of marketable title.
2. CONTINUATION OF INSURANCE.
The
coverage of this policy shall continue in force as of Dale 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 (it) an obligation secured by
a purchase
money Mortgage given
to the Insured.
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT,
The Insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 5(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 or statute. The Company shall notify the Insured in writing, within a reasonable time, of its determination as to the validity or
invalidity of the Insured's claim or charge under the policy. If the Company concludes that the lien, encumbrance, adverse claim or
defect is not covered by this policy, or was otherwise addressed in the closing of the transaction in connection with which this policy
was issued, the Company shall specifically advise the Insured of the reasons for its determination. If the Company concludes that the
lien, encumbrance, adverse claim or defect is valid, the Company shall take one of the following actions: (I) institute the necessary
proceedings to clear the lien, encumbrance, adverse claim or defect from the Title as insured; (ii) indemnify the Insured as provided in
this policy; (Ili) 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
File No.: 1010449
Form T-1 Owner's Policy of Title Insurance 1-314
Policy Serial No.: 0-5966-258915
Page 0 of 11
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.
6. DEFENSE AND PROSECUTION OF ACTIONS.
(a) Upon written request by the Insured, and subject to the options contained in Sections 3 and 7 of these Conditions, the Company,
at its own cost and without unreasonable delay, shall provide for the defense of an Insured in litigation in which any third party
asserts a claim covered by this policy adverse to the Insured. This obligation is limited to only those stated causes of action
alleging matters insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right
of the Insured to object for reasonable cause) to represent the Insured as to those stated causes of action. It shall not be liable for
and will not pay the fees of any other counsel. The Company will not pay any fees, costs or expenses incurred by the Insured in
the defense of those causes of action that allege matters not insured against by this policy.
(b) The Company shall have the right, in addition to the options contained in Sections 3 and 7, at its own cost, to institute and
prosecute any action or proceeding or to do any other act that in its opinion may be necessary or desirable to establish the Title, as
insured, or to prevent or reduce loss or damage to the Insured. The Company may take any appropriate action under the terms of
this policy, whether or not it shall be liable to the Insured. The exercise of these rights shall not be an admission of liability or waiver
of any provision of this policy. If the Company exercises its rights under this subsection, it must do so diligently.
(c) Whenever the Company brings an action or asserts a defense as required or permitted by this policy, the Company may pursue
the litigation to a final determination by a court of competent jurisdiction and it expressly reserves the right, in its sole discretion, to
appeal from any adverse judgment or order.
6. DUTY OF INSURED CLAIMANT TO COOPERATE.
(a) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding
and any appeals, the Insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding,
including the right to use, at its option, the name of the Insured for this purpose. Whenever requested by the Company, the
Insured, at the Company's expense, shall give the Company all reasonable aid (i) in securing evidence, obtaining witnesses,
prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act that in the opinion of the
Company may be necessary or desirable to establish the Title or any other matter as insured. If the Company is prejudiced by the
failure of the Insured to furnish the required cooperation, the Company's obligations to the Insured under the policy shall terminate,
including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring
such cooperation.
(b) The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized representative
of the Company and to produce for examination, inspection and copying, at such reasonable times and places as may be
designated by the authorized representative of the Company, all records, in whatever medium maintained, including books,
ledgers, checks, memoranda, correspondence, reports, e-mails, disks, tapes, and videos whether bearing a date before or after
Date of Policy, that reasonably pertain to the loss or damage. Further, if requested by any authorized representative of 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.
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
(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
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.
File No.: 1010449
Form T-1 Owner's Policy of Title Insurance 1-3-14
Policy Serial No.: 0-5966-256916
Page 4 of 11
(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
(it) 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 dale 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 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 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.
16. 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 (1) modify any of the terms and provisions of the policy, (it) 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,
File No.: 1010449
Form T•1 Owner's Policy of 7111e Insurance 1-3-14
Policy Serial No.: 0-5966-258915
Page 6 of 11
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 laves 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.
16. 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 P.O. Box 2029, Houston, Texas 77252-2029,
File No.: 1010449
Form T-1 Owner's Policy of Title Insurance 1-3-14
Policy Serial No.: 0-5966-258915
Page 6 of 11
STEWART TITLE GUARANTY COMPANY
1. IMPORTANT NOTICE
To obtain information or make a complaint:
2. You may contact your title insurance agent at (281)
819-4280
3. You may call Stewart Title Guaranty Company's free number number for information or to make a complaint
at:
(800) 729 1902
4. You may also write to Stewart Title Guaranty
Company at P.O. Box 2029, Houston, TX 77252-
2029
5. You may contact the Texas Department of Insurance
to obtain information on companies, coverage's,
rights or complaints at:
(800)252-3439
6. You may write the Texas Department of Insurance:
P.O. Box 148104
Austin, TX 78714-9104
Fax: (512) 490-1007
Web: www,tdi.texas.gov
E-mail: Consumerarotection(&tdi.texas.gov
7. PREMIUM OR CLAIM DISPUTES:
Should you have a dispute concerning your premium
or about a claim, you should contact the (agent)
(company) (agent or the company) first. If the
dispute is not resolved, you may contact the Texas
Department of Insurance.
8. ATTACH THIS NOTICE TO YOUR POLICY:
This notice is for information only and does not
become a part or condition of the attached
document.
File No.: 1010449
Form T-1 Ovmer's Policy of Tille Insurance 1-3-14
Policy Serial No.: 0-5966-256915
Page 7 of 11
1. AV ISO IMPORT ANTE
Para obtener informacion o para presentar una queja:
2. Usted puede comunicarse con su agente al: (281)
819-4280
3. Usted puede Ilamar al numero de telefono gratuito
de Stewart Title Guaranty Company's pare obtener
informacion o pare presenter una queja at:
1-600-729-1802
4. Usted tambien puede escribir a Stewart Title
Guaranty Company, P.O. Box 2029, Houston, TX
77252=2029
5. Usted puede comunicarse con el Departamento de
Seguros de Texas pare obtener informacion sobre
companies, coberturas, derechos, o quejas at:
(800) 252-3439
6. Usted puede escribir al Departamento de Seguros
de Texas a:
P.O. Box 149104
Austin, TX 78714-9104
Fax: (512) 490-1007
Web: www.tdi.texas.gov
E-mail: ConsumerprotectionOtdi.texas.aov
DISPUTAS FOR PRIMAS DE SEGUROS O
RECLAMACIONES:
Si tlane una dispute relacionada con su prima de
seguro o con una reclamacion usted debe
comunicarse con (el agents) (la compania) (el
agente o Is compania) primero. Si Is dispute no as
resuelta, usted puede comunicarse con all
Departamento de Seguros de Texas (TDI).
8. ADJUNTE ESTE AVISO A SU POLIZA:
Este aviso as solamente pars proposito
informativos y no se convierte en parte o en
condicion del documento adjunto.