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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.