ORDER NO. L u427 AP'P'ROVAL OF PAYMENT FOR CLOSING OF EASEMENT F'ROF'ER'TY PURCHASES FOR THE INDIAN CREEK. FRIDGE F'RUJECT' AND AUTHORIZE THE COUNTY JUDGE TO SIGN On this the 1st day of December 1994, ~_~pan matian made by Commissioner Oehler, seconded by Cammissioner Halekamp, the Co~_irt ~_inanimo~_isly approved by a vate of "-~-~, to a~_~thorize the payment of ~8,b~4.96 to Kerr^ville Title Company for the easement p~_~r^r_hase i'or^ Indian Creek Fridge F'ra.ject with f~_-nds to come fram Line Item No. 71-bid-SJJ, Schreiner Road Trust and a~_~thari,~e the Ca~..~nty .J~.idge to sign documents necessar^y to complete transaction. KF_RRVILI_E TITLE COMPANY 2107923949 P_02 A. SETTLEMENT STATEMENT U.S. Department of Housing and Urban Development OMt3 No. 2s02~2Ss ^ B. T e of Loan - - ~~ t. _ f-7rA C. FmHA 3. CDOr. Untnr- 4. _, YA 6. _ Canv. Inr. s. Flls Numb.r 94-9oa T. Loan NumOw ~. MertpJlar mruiancr Cap No.i C. NOTE: This form Is famished to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent are shown. Items marked (P.O.CJ wale paid outside the Cbsing; they era shown here for information purposes end are not t-cluded In the totals. D. Name end Address of Borrower {.'OUATPY ~' Imo, STA'IL OF '1'J~~.S E. Name and Address of Seller Ai~IldIE LLfCT.GX~ RI1DD ~ Tf7[Tr~tl'.TN 404 9C~,C Il~iM, TX 78025 F. Name and Addr®ss of Candor Cy. Property location 102 II~TAN ~ f8(]AD H. Settlement Agent ~ TITIE aC~1PANX I~V1LT~, TEXAS 78028 0.126 AC~)3, S[JRVL~Y 129, IUD OpL~TI'X, TEXAS Place of Ssttlgrnent 1A5t5 Sa.~ney Halaer Rerrvi]1e Texas 7$028 i. Settlement ~~ 12!01/94 J. SUMMARY OR BORROWER'S TRAN$ACT10N: K. 9UMM A 1= $ R'S TRANSACTION: too. Gro Amount Due From Borrower 400. Gross Amount Due To Seller tot. Contract sales rice 6 460.0 40t. Contract sales ioe $ 480.00 702. Person I r Persgngl 103. le t Cha es to harrower Ina 1400 145. 403, 104. 404. 105. 4 Ad ustmenta for items aid b welter In advance Ad stments fvr items aid b seller in advance tos. C" novm taxes to C- flown to 107. Coun taxes t0 407. Goan taxes to i0tt. school texas 12 Ol to 12/31 9. 408. hoos taxes 12/01 W 12/31 9.96 t0 . 4oQ. 1 to. a10. 117. 417. t 12 412. 120. GFtbSS AMOUNT DUP FitOM BORROWER 8 634. 420. GROSS AMOUNT OU£ TQ SEt1~R 8 489.96 200. Amounts Paid a or to Behalf of Borro wer . Reductlo In Amount Due To Seller 201. O sit ar eerrlest more 501. t=xcesa osk see h tractions 202 Print 1 amount of new loans 542. S lament Cha Ilan Ale 1400 27$.00 203. Fxi6t~ b 8 taken sub Ic GOCi. Errist~- bans taken sub' t to 204. 504. Pa off Of first m0 ban 205. ti06, ps ff of second m loan 2afs. t~06. 207_ 507. 20B. 209. 609 Ad ustments for it ms un old b se ller Ad ustments for Items u aid b se ller 210. GN Rown taxes to 610. C nown tames to 21 t. Coun taxes to 51 t. Coun s to 212. School taxes to 6 Scho 1 faze to 2t3. 5t3. 2t4. 514. 215. t5 216. 61 . 217. 51T. gig_ 5t8, 219. 619. 220. TDT ID 9YfFOR BORROWER 520. Tt7'I'Al RUCTION AMO NT RUE SEILEA 27$•00 ao4. Cash At 5e amen rotn or To Borrow er eoo. Cash At Setdernent To or From Seller Sot. Gross amount due from borrower line t20 8 634.96 601. t3ross amount due to Gna 420 8 489.96 302. less amounts Id b nor 4ortaww I'ne 220 tt02. Les reductkm amount due seller rate 520 278-~ KERR'dILLE TITLE COMPANY 2107923949 P_03 U.3. DEPARTMENT OF HOV31N(3 AND URBAN DEVELOPMENT sETTI.EMEN7 STATEMENT PAGE 2 L_ MENT CHAFiGE3: FINS 1~A. 94-90$ A A 7q0. TOTAL SALES/BROKRA`S CdMM19SIDN based on prbe ~ ® 60RROWER SELLER S Division of Comrnlsaton (Nne 700} ae follows: FUNDS AT FUNDS AT ~0t. s to sETTLEMENY sI: tTLEMEhIr 707.: to 703. commla:ion pale ast setcbntent Tod. 800. ITEMS PAYABLE IN ONNECTION W LAN 801. Loan Origination Fee % 842. Loan Discount 96 883_ Appraisal Fee to 804. Crodlt Report to 805. Lender's Inspection Fee to 806. Mortgage AppUcation Pee to 807. Assumption Fee to 848_ 809. 810. 811. 900. fi EM REQUIRED HY L DER PAtD IN ADVANCE 901. Int®r+BSt frorrt t0 ~ S lday 902. M age Insuranoa Premium for to 943. Hgrartf Insurance Premium for s to 904. 905. 1000. R RV POST WITH LENDER f= 1001. Hurd Insurance mo.@! Imo. 1002. Mortgage tnsurancs ma.Q;; hno. 1003. City Property 7araes ma.@8 lmo. 1004. County Property Ta~oaa m0.®S Imo. 1005. Sch001 Prppprty Tapes rnO.r~S /frr0. 1006. m0.~ lm0. 1007. mo1~ Imo. 1806. mo.~ Imo. 1100. TITLE CHAH4 1161. Settlement or cbshg Fee to ~17.T.R TI~g ~~~i- 11U.00 1102. Abstract Or Idb 6eorth to 1100. Tltb e>mrrrhati0n t0 t104. Titb insurance t)hder to t 106. Document Prepprllticn to 1106. Notary Feea tc tt07. Attorney's bas to (hcYrdas above items No: ) 1708. Tdb Insurance to ~ q*,(*~'.E ~p~y 278.00 (hcfudes above dams No• ) 111. Lendel'o 4ovargpe S t 1 to. Owners coverage :< 8 480.00 ---- 278.00 t,t,. r.~c c~~c,~ ~ ~ c~o~Arnr 2a.oo ,,, 2. ,,,~. 1200. GOVERNM G AND TRANS H 1201. Reoord'ng Foxes: Deed S 15.00: Mortgage 6 ; fielenses i 15.00 1202. City~ounty taxlstamps: Deed 6 ;Mortgage = 1203. State TaxlstarnpS: Deed S : f1A0Agaga = 1204. 1205. t300. ADDI to MENT CHARGES 1301. Survey t0 1302. Peat Inspection to 1303. 1304. 1305. t4oo. TOTAL SETTLEMENT CHARGES (enter on wnes 183 end 502, Sections J end 145.U0 278.00 ^ I hav. ciretUnY raWawad th. MUO-1 9eetlamant Statement and to the bast of my Mnowbdptl Ind 6aUd,^t N ~ au ^and •CCYft/ta •In~e~nsM of W ncaipis Ind dlah~ru,nanta maa~ 303. CASH E'RCZS BORRQWER 8,634.961 643. CASH TO SELLER ~ 8,211.%1 IN iE-0RORATION OF.THE TAXER I ^ "kSSARY 'NH THE TAX 61LL6 FOR tYBS ARE PFI~AREf .-.. i PARTIES AQREE TO HANDLE SAID RE~ROAATiON 6ET !~ , ~- yar orr rN yaf rrawll ar FESPA, HB 4305.2 - AEV. HUO-1 (3186} ^ ~F_RR'd S I_I_F T S TLE Cf~MPANY' 2107923949 P. 04 WANER OF INSPECTI ND O W TO: Chicago Title Company (`T'itle Insurer") Kerrville Title Company Kerrville . Texas Title Company RE: ANNIE I,UCIj.T.R WORRRLI, RUDD MC LOUGHLIN to COUNTY OP` ICERA, STATE O>:' TBXAS ('Insured" or -You-) GP {Fife) Number: 94-908 LAND: A11 that certain tract or parcel of land, lying and being situated in the County of Item, State of Texas, and being moxe particularly described by metes and bounds in Exhibit "A", attached hereto and mach apart hereof for all purpostea. 1. Waiy~r of 1 action. You may fYfuse to accept an Exception to "Rights of Partiaa to Possesslan." "Rights of Parties h Possessbn' mans one or more persons who era themselves Actually physlcaly aocupyhg tho fond ar a portion thorao! under a claim of right adverse to the record owner of the tend as shown in Schedule A of the Policy. The Company may nquira an inspection and Adddionat ehar~ for reasonable and actual costs to inspect. The Company rrgy make addRionat Exceptions for matters the hspection reveals. It you do not doble thk paragraph, you waive inspection of the Isnd end you nocept the Exception in your polby. YOU MAY A~FUSE ~O ACCEPT THiB EXCEPTION BY R#ARKINGi OUT TH ARAORAPH 7 ~. sea ieft a~ Commitment. You acknowbdge having received and teviewad s copy of the TRte Commitrrwnt Lssued h connection with this transaction. You understand that Y~ owner Policy will conutn the EraCepNpns sat forth h 3chsdub B of the Commitrnent, and any add&ional F~ocoptbns to titb resuRhg from the documents imrolvKl to this tron9aation, and any addktonal F~ptlona reflected by an e:~ibtt attached hereto. 3. rve You may request amendment of the `Area and Boundary Bcceptbn" to read "Shortages in Area.' The Area and Boundary Exception is ar, foaows: 'Any diacrepancles, conflicts, or shortages in area or boundary Imes, or any encroachments, or protrusions. or any ovabpphg of tmprovernents " You must furnish a current survey. The sunray must De acceptable to the Company. You also must pay en addltlonal premium equal to 1596 of the bash premium charge. The Company may make addRlonal e~oesptions for koms shown an the survey. YOU MAY REQUIRE MEI~DMENT OF THE AREA AND BOUND RY EXCEPTION BY MARKING OUT THIS p AAGRAPM 3 A D BY COMPLYIN WITH IT8 PROVI810 S BEFORE COMPLETION OF THIS CLOSINQ. 4. Arbitration. You may re~tre deletion of the arbitration provalon of fife pwrwr Policy. M you do not debts this provision, either you or the Company may require arbRration, if the law a1ow5. Thera Is na ctterps to debts this provisitM. YOU MAY REQUIRE DELFT ON OF THE ARBITRATION PROV1510N BY M RKING OUT THIS p~AAGRAP 4. 5. NOTICE" You may wish to consult tin attorney to discuss mattt>rs shown it Schedule B or C of the Commhment. These matters wta atiect your trtts and use of your land- Yaur T"dla k-surence Policy wifl be a Iagal contract between you end the Company. The Comrrtitment and Policy are not ebslreCta of title, titta reports or raprasenietiata of tkb. They are contracts of Inden-nity. We da not represent that your blended use of the property h atbwed under the law or under the restrbtions or exceptions to title on your ten .- Qate: (JUG. 'z'G~" ~~ ~ ~, Signalu s) of "Insured': ~• THE FOLLOWING COMMITMENT FOR TITLE INSURANCE IS NOT VALID UNLESS YOUR NAME AND THE POLICY AMOUNT ARE SHOWN IN SCHEDULE A, AND OUR AUTHORIZED REPRESENTATIVE HAS COUNTERSIGNED BELOW. COMMITMENT FOR TITLE INSURANCE ISSUED BY CHICAGO TITLE INSURANCE COMPANY We, Chicago Title Insurance Company, will issue our title insurance policy or policies (the Policy) to You (the proposed insured) upon payment of the premium and other charges due, and compliance with the requirements in Schedule B and Schedule C. Our Policy will be in the form approved by the Texas Department of Insurance at the date of issuance, and will insure your interest in the land described in Schedule A. The estimated premium for our Policy and applicable endorsements is shown on Schedule D. There may be additional charges such as recording fees, and expedited delivery expenses. This Commitment ends ninety (90) days from the effective date, unless the Policy is issued sooner, or failure to issue the Policy is our fault. Our liability and obligations to you are under the express terms of this Commitment and end when this Commitment expires. ISSUED BY: KERRVILLE TITLE COMPANY 1456 Sidney Baker Kerrville, Texas 78028 (210) 896-5811 Vim. ,~,~. ~~~~~.~ Authorized Signatory CHICAGO TITLE INSURANCE COMPANY ~ ~G~ ~ ~~ President. Secretary. Reorder Form No. 8287 (Rev 1/93) TEXAS TITLE INSURANCE INFORMATION Title insurance insures you against loss resulting from certain risks to your title. The commitment for Title Insurance is the title insurance company's promise to issue the title insurance policy. The commitment is a legal document. You should review it carefully to completely understand it before your closing date. El seguro de titulo le asegura en relacion a perdidas resultantes de ciertos riesgos que pueden afectar el titulo de su propiedad. E] Compromiso para Seguro de Titulo es la promesa de la compania aseguradora de titulos de emitir la p6liza de seguro de titulo. EI Compromiso es un documento legal. Usted debe leerlo cuidadosamente y entenderlo completamente antes de la fecha para finalizar su transaccion. Your Commitment for Title Insurance is a legal contract between you and us. The Commitment is not an opinion or report of your title. It is a contract to issue you a policy subject to the Commitment's terms and requirements. Before issuing a Commitment for Title Insurance (the Commitment) or a Title Insurance Policy (the Policy), the Title Insurance Company (the Company) determines whether the title is insurable. This determination has already been made. Part of that determination involves the Company's decision to insure the title except for certain risks that will not be covered by the Policy. Some of these risks are listed in Schedule B of the attached Commitment as Exceptions. Other risks are stated in the Policy as Exclusions. These risks will not be covered by the Policy. Another part of the determination involves whether the promise to insure is conditioned upon certain requirements being met. Schedule C of the Commitment lists these requirements that must be satisfied or the Company yvill refuse to cover them. You may want to discuss any matters shown in schedules B and C of the Commitment with an attorney. These matters will affect your title and your use of the land. When your policy is issued, the coverage will be limited by the Policy's Exceptions, Exclusions and Conditions, defined below. - EXCEPTIONS are title risks that a Policy generally covers but does not cover in a particular instance. Exceptions are shown on Schedule B or discussed in Schedule C of the Commitment. They can also be added if you do not comply with the Conditions section of the Commitment. When the Policy is issued, all Exceptions will be on Schedule B of the Policy. - EXCLUSIONS are title risks that a Policy generally does not cover. Exclusions are contained in the Policy but not shown or discussed in the Commitment. -CONDITIONS are additional provisions that qualify or limit your coverage. Conditions include your responsibilities and those of the Company. They are contained in the Policy but not shown or discussed in the Commitment. The Policy Conditions are not the same as the Commitment Conditions. You can get a copy of the policy form approved by the State Board of Insurance by calling Chicago Title Insurance Company at 1-800-442-4303 or by calling the title insurance agent that issued the Commitment. The State Board of Insurance may revise the policy form from time to time. You can also get a brochure that explains the policy from the Texas Department of Insurance by calling 1-800-252-3439. Before the Policy is issued, you may request changes in the policy. Some of the changes to consider are: .~ l ~,.. i \ .% -Request amendment of the "area and boundary" exception (Schedule B, paragraph 2). To get this amendment, you must furnish a survey. On the Owner Policy, you must pay an additional premium for the amendment. If the survey is acceptable to the Company, your Policy will insure you against loss because of discrepancies or conflicts in boundary lines, encroachments or protrusions, or overlapping of improvements. The Company may then decide not to insure against specific boundary or survey problems by making special exceptions in the Policy. -Allow the Company to add an exception to "rights of parties in possession." If you refuse this exception, the Company or the title insurance agent may inspect the property. The Company may except to and not insure you against the rights of specific persons, such as renters, adverse owners or easement holders who occupy the land. The Company may charge you for the inspection. If you want to make your own inspection, you must sign a Waiver of Inspection form and allow the Company to add this exception to your Policy. The entire premium for a Policy must be paid when the Policy is issued. You will not owe any additional premiums unless you want to increase your coverage at a later date and the Company agrees to add an Increased Value Endorsement. CONDITIONS AND STIPULATIONS t . If you have actual knowledge of any matter which may affect the title or mortgage covered by this Commitment, that is not shown in Schedule B, you must notify us in writing. If you do not notify us in writing, our liability to you is ended or reduced to the extent that your failure to notify us affects our liability. If you do notify us, or we learn of such matter, we may amend Schedule B, but we will not be relieved of liability already incurred. 2. Our liability is only to you, and others who are included in the definition of Insured in the Policy to be issued. Our liability is only for actual loss incurred in your reliance on this Commitment to comply with its requirements or to acquire the interest in the land. Our liability is limited to the amount shown in Schedule A of this Commitment and will be subject to the following terms of the Policy: Insuring Provisions, Conditions and Stipulations, and Exclusions. . : , .: ~ .... 'a`te. :;: ., ~ ilAi ~ .~Ay `i-di6~. .~Ih ~ ~9PS. ~'~ u. d114 ~ iA6. , , ,dA~,.+,.:. .~..' :^~. .mss ' i.. .dL~.~ r.9W ; `~ z Q ~ a Z W z ~ o W U ® y,~ • RCN b,~ O a c U o w ~T~ W J F-1 ~ ~ ti ~ E"~ ~ I /-, ~ Z N ~ 0 ~ ~ O ~ o ~ ~ a ~ ~ ~ W Q, ~ cn ~ x Z '~ .. ~ ~ r ~ O W V O m w 'S~ 4 Z x ~ ~ a a O J ~ >< N 5~ I~ ~ U ~1 ~ ~ J a c~ o ~ o Q w o U IMPORTANT NOTICE FOR INFORMATION, OR TO MAKE A COMPLAINT CALL OUR TOLL-FREE TELEPHONE NUMBER 1-800-442-4303 ALSO YOU MAY CONTACT THE TEXAS DEPARTMENT OF INSURANCE AT 1-800-252-3439 to obtain information on: 1. filing a complaint against an insurance company or agent, 2. whether an insurance company or agent is licensed, 3. complaints received against an insurance company or agent, 4. policyholder rights, and 5. a list of consumer publications and services available through the Department. YOU MAY ALSO WRITE TO THE TEXAS DEPARTMENT OF INSURANCE P.O. BOX 149104 AUSTIN, TEXAS 78714-9104 FAX NO. (512) 475-1771 AVISO IMPORTANTE PARA INFORMACION, O PARA SOMETER UNA QUEJA LLAME AL NUMERO GRATIS 1-800-442-4303 TAMBIEN PUEDE COMUNICARSE CON EL DEPARTAMENTO DE SEGUROS DE TEXAS AL 1-800-252-3439 para obtener information sobre: 1. como someter una queja en contra de una compania de seguros o agente de seguros, 2. si una compania de seguros o agente de seguros tiene licencia, 3. quejas recibidas en contra de una compania de seguros o agente de seguros, 4. los derechos del asegurado, y 5. una lista de publicaciones y servicios para consumidores disponibles a traves del Departamento. TAMBIEN PUEDE ESCRIBIR AL DEPARTAMENTO DE SEGUROS DE TEXAS P.O. BOX 149104 AUSTIN, TEXAS 78714-9104 FAX NO. (512) 475-1771 CHICAGO TITLE COMPANY SCHEDULE A GF No. 94-908 Commitment No. Effective Date of Commitment: November 15, 1994 at 8:00 O'Clock A.M. Issue Date: November 28, 1994 1. The policy or policies to be issued are: (a) OWNER POLICY OF TITLE INSURANCE (Form T-1) (Not applicable for improved one-to-four family residential real estate) Policy Amount: $8,480.00 PROPOSED INSURED: COUNTY OF KERB, STATE OF TEXAS (b) TEXAS RESIDENTIAL OWNER POLICY OF TITLE INSURANCE -ONE-TO-FOUR FAMILY RESIDENCES (Form T-iR) Policy Amount: $ PROPOSED INSURED: (c) MORTGAGEE POLICY OF TITLE INSURANCE (Form T-2) POLICY AMOUNT: $ PROPOSED INSURED: Proposed Borrower: (d) MORTGAGEE TITLE POLICY BINDER ON INTERIM CONSTRUCTION LOAN (Form T-13) Binder Amount: $ PROPOSED INSURED: Proposed Borrower: (e) OTHER Policy Amount: $ PROPOSED INSURED: 2. The interest in the land covered by this Commitment is: FEE SIMPLE 3. Record title to the land on the Effective Date appears to be vested in: ANNIE LUCILLE WORRELL RUDD 4. Legal description of land: All that certain tract or parcel of land, lying and being situated in the County of Kerr, State of Texas, and being more particularly described by metes and bounds in Exhibit "A", attached hereto and made a part hereof for all purposes. KERRVILLE TITLE COMPANY EXHIBIT "A" COUNTY: KERR September 9, 1992 HIGHWAY: CR 151 PROJECT LIMITS: FROM: Old Ingram Loop TO: Beaver Road FIELD NOTES FOR PARCEL 1 0.126 of an acre of ]and, mare or less, being out of and a part a~f that 0.579 acre tract of land out of the Fran©soo Trevino, Survey No. 129, Kerr County, Texas, which 0.579 acre tract was conveyed to Annie Rudd by deed dated August 5, 1988, of record in Volume 480, Page 254, of the Real Property Records, Kerr County, Texas; which 0.126 of an acre tract cf land, mare ar less, is mare particularly described by metes and bounds as fo]lows: BEGINNING at C O R 1 a 1/2" iron rod set in the west line of that 0.579 acre tract, said paint of BEGINNING being 24.04 feet left ~ and at right angle to C R 151 center]ine Station 2+26.87, said paint being further described as being South 03 deg 00' 03" East, a distance of 193.87 feet from an iron pipe found for the northwest corner of that 0.579 acre tract; THENCE, a]nng the proposed east right-of-way of CR 151, South 28 deg 02' 14" East, a distance of 22.54 feet to COR 2, a 1/2" iron rod set for an angle point; THENCE, continuing along said 12 deg 36' Ol" East, a distance rod set far' an angle paint: proposed right-of-way line, South of 31.46 feet to COR 3, a 1/2" iron THENCE, continuing along said 24 deg 07' 53" East, a distance rod set for an angle point; proposed right-of-way line, South of 47.44 feet to COR 4, a 1/2" iron THENCE, continuing along said proposed righter way line, South 27 deg 18' S0" East, a distance of 90.36 feet to COR 5, a 1/2" iron rod set for the southeast corner of the hereindescribed tract; THENCE, along the south line of the hereindescribed tract, North 88 deg 55' 27" West, a distance of 69.27 feet to C O R 6, a 1/2" iron rod set for the southwest corner of the hereindescribed tract; THENCE, along 00' 03" West, a and containing the west line of that 0.579 acre tract, North 03 deq distance of 173.13 feet to the POINT O F B E GIN NIN G 0.126 of an acre of land, more ar~ less. C hesGer A . Varner, Professional Land Surveyor CHICAGO TITLE COMPANY SCHEDULE B GF No: 94-908 EXCEPTIONS FROM COVERAGE In addition to the Facclusions and Conditions and Stipulations, your Policy will not cover loss, costs, attorney's fees, and expenses resulting from: 1. The following restrictive covenants of record itemized below (We must either insert specific recording data or delete this exception): THIS EXCEPTION IS HEREBY DELETED. 2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments or protrusions, or any overlapping of improvements. 3. Homestead or community property or survivorship rights, if any of any spouse of any insured. (Applies to Owner Policy only.) 4. Any titles or rights asserted by; anyone, including, but not limited to, persons, the public, corporations, governments or other entities, a. to tidelands, or lands comprising the shores or beds of navigable or perennial rivers and streams, lakes, bays, gulfs or oceans, or b. to lands beyond the line of the harbor or bulkhead lines as established or changed by any government, or c. to filled-in lands, or artificial islands, or d. to statutory water rights, including riparian rights, or e. to the area extending from the line of mean low tide to the line of vegetation, or the rights of access to that area or easement along and across the area. (Applies to the Owner Policy only.) 5. Standby fees, taxes and assessments by any taxing authority for the year 19 95 ,and subsequent years, and subsequent taxes and assessments by any taxing authority for prior years due to change in land usage or ownership. 6. The terms and conditions of the documents creating your interest in the land. 7. Materials furnished or labor performed in connection with planned construction before signing and delivering the lien document described in Schedule A, if the land is part of the homestead of the owner. (Applies to the Mortgagee Title Policy Binder on Interim Construction Loan only, and may be deleted if satisfactory evidence to us before a binder is issued.) 8. Liens and leases that affect the title to the land, but that are subordinate to the lien of the insured mortgage. (Applies to Mortgagee Policy only.) 9. The following matters and all terms of the documents creating or offering evidence of the matters (We must insert matters or delete this exception.): (a). Visible and apparent easements on or across property herein described. (b). Telephone Line Right of Way Easement to Hill Country Telephone Cooperative, Inc., dated December 23, 1982, recorded in Volume 16, Page 111, Easement Records of Kerr County, Texas. KERRVILLE TITLE COMPANY CHICAGO TITLE COMPANY SCHEDULE C GF No. 94-908 Your Policy will not cover loss, costs, attorneys fees, and expenses resulting from the following requirements that will appear as Exceptions in Schedule B of the Policy, unless you dispose of these matters to our satisfaction, before the date the Policy is issued: 1. Documents creating your title or interest must be approved by us and must be signed, notarized and filed for record. 2. Satisfactory evidence must be provided that: - no person occupying the land claims any interest in that land against the persons named in paragraph 3 of Schedule A, -all standby fees, taxes, assessments and charges against the property have been paid, - all improvements or repairs to the property are completed and accepted by the owner, and that all contractors, sub-contractors, laborers and suppliers have been fully paid, and that no mechanic's, laborer's or materialmen's liens have attached to the property, - there is legal right of access to and from the land - (on a Mortgagee Policy only) restrictions have not been and will not be violated that affect the validity and priority of the insured mortgage. 3. You must pay the seller or borrower the agreed amount for your property or interest. 4. Any defect, lien or other matter that may affect title to the land or interest insured, that arises or is filed after the effective date of this Commitment. 5. The title insurance policy being issued to you contains an arbitration provision. It allows you or the Company to require arbitration if the amount of insurance is $1,000,000.00 or less. If you want to retain your right to sue the Company in case of a dispute over a claim, you must request deletion of the arbitration provision before the policy is issued. If you are the purchaser in the transaction and elect deletion of the arbitration provision, please inform us through your loan closing instructions. 6. NOTE TO ALL BUYERS, SELLERS, BORROWERS, LENDERS AND ALL PARTIES HAVING A VESTED INTEREST IN THE TRANSACTION COVERED BY THIS COMMITMENT. The following constitutes a major change in the procedures and requirements for disbursement of funds by Kerrville Title Company pursuant to this transaction: The State Board of Insurance has adopted Procedural Rule P - 27 which will require that "Good Funds" be received and deposited before Kerrville Title Company may disburse for its Escrow Account. a. Cash or wire transfers; b. Certified checks and teller's checks, as further described in definition "g" of this rule; c. Uncertified funds in amounts less than $1,500.00, including checks, traveler's checks, money orders and negotiable orders of withdrawal, provided multiple items shall not be used to avoid the $1,500.00 limitation; d. Uncertified funds in amounts of $1,500.00 or more, drafts and any other items when collected by the financial institution; e. State of Texas Warrants Checks; f. United States Treasury Checks; g. Checks drawn on a bank or savings and loan association insured by the FDIC or FSLIC and for which a transaction code has been issued pursuant to, and in compliance with, a fully executed immediately available funds procedure agreement (form T-37) with such bank or savings and loan association; h. Checks by city and county governments in the State of Texas. KERRVILLE TITLE COMPANY CHICAGO TITLE COMPANY Continuation of Schedule C GF No, 94-908 7. Company will require the execution of an Indemnity and Affidavit as to Debts, Liens and Possession by the Seller/Borrower. (Furnished by Title Company at Closing). 8. Payment of any and all taxes now due and payable up to and including the year 1994. 9. Item 2, Schedule B will be amended to read "Any shortages in area" in the Owner's Title Policy if we are furnished a survey prepared by an approved licensed surveyor who certifies that there are no discrepancies, conflicts in boundary lines, or any encroachment, or any overlapping of improvements, and the payment of the additional premium required for this amendment. 10. "Rights of parties in possession" shown in Schedule B of this commitment wilt be deleted from the Owner's Title Policy ONLY if an inspection is made and paid for which shows no parties in possession other than the purchasers. If such an inspection is not required, the purchaser must sign a Waiver of Inspection and acknowledge that they understand that the Owner's Title Policy will be issued subject to the rights of parties in possession. 11. Company will require the execution of a 1099-S by the seller, as required by the Internal Revenue Service. (Furnished by Title Company at closing). KERRVILLE TITLE COMPANY SCHEDULE D 1. Disclosure of CHICAGO TITLE COMPANY, a Missouri Corporation a. The following is a listing of each shareholder owning or controlling, directly or indirectly, ten percent (10%), or more of the shares of CHICAGO TITLE INSURANCE COMPANY: CHICAGO TITLE AND TRUST COMPANY, an Illinois Corporation b. The directors of Chicago Title Insurance Company MR. ALVIN J. BEHNKE, President, First Interstate Mortgage Company of Illinois, Chicago, II. MR. JOHN J. BURNS, JR., President, Allegheny Corporation, New York, NY MR. PETER H. DAILEY, Chairman of Enniskerry Financial, LTD, San Marino CA MR. ALLAN P. KIRBY, JR„ President, Liberty Square, Inc., Mendham, NJ MR. ANTHONY B KUKLIN, Paul, Weiss, Rifkind, Wharton & Garrison, New York, NY MS. M. LEANNE LACHMAN, Managing Director Schroder Reai Estate Associates, New York, NY MR. DANA G. LEAVITT, President, Leavitt Management Company, San Francisco, CA MR. LAWARENCE F. LEVY, Chairman of Board, The Levy Organization, Chicago, IL MR. EARL L. NEAL, Earl Neal and Associates, Chicago, IL MR. RICHARD L. POLLAY, Pres. and Chief Operating Officer, Chicago Title Ins. Co., Chicago, IL MR. WALTER D. SCOTT, Kellog School of Management at Northwestern University, Northfield, Chicago, IL MR. RICHARD P. TOFT, Chairman and CEO, Chicago Title Insurance Co. and Pres., Chicago Title and Trust Company, Chicago, IL. c. The names of the Chairman and Chiet Executive Officer: RICHARD P. TOFT President and Chief Operating Officer: RICHARD L. POLLAY Secretary: THOMAS J. ADAMS Treasurer: GILBERT J. TOURETZ 2. Disclosure of Kerrville Title Company, a corporation a. The names of each shareholder, owner, partner, or other person having, owning or controlling one percent (1%) or more of the Title Insurance Agent that will receive a portion of the premium are as follows: ANN ROBERTSON b. Each Shareholder, owner, partner of other person having, owning or controlling 10 percent (10%) or more of an entity that has, owns or controls one percent (1%) or more of the Title Insurance Agent that will receive a portion of the premium are as follows: ANN ROBERTSON c. If the agent is a corporation, the names of any directors; president, executive or senior vice president, secretary and treasurer if any of the Title Insurance Agent are as follows: ANN ROBERTSON, PRESIDENT CLAY ROBERTSON, VICE PRESIDENT DICKIE ROBERTSON, SECRETARY LORI LEA LONG, ASSISTANT SECRETARY KERRVILLE TITLE COMPANY SCHEDULE D -PART 1 "You are entitled to receive advance disclosure of settlement charges in connection with the proposed transaction to which this Commitment relates. Upon your request, such disclosure will be made to you. Additionally, the name of any person, firm or corporation receiving any sum from the settlement of this transaction will be disclosed on the closing or settlement statement." You are further advised that the estimated title premium is: Owners Policy Mortgagee Policy Endorsement Charges TOTAL $278.00 $0 $AS APPLICABLE $278.00 Of this total amount, 19% percent will be paid to the policy issuing Tdle Insurance Company; 81~ percent will be retained by the issuing Title Insurance Agent and the remainder of the estimated premium will be paid to other parties as follows: Amount Paid to Services % (complete only one) % (complete only one) % (complete only one) *The estimated premium is based upon information furnished to us as of the date of the Commitment for Titie Insurance. Final determination of the amount of the premium will be made at closing in accordance with the Rules and Regulations adopted by the State Board of Insurance. KERRVILLE TITLE COMPANY DELETION OF ARBITRATION PROVISION (Not applicable to the Texas Residential Owner Policy) ARBITRATION is a common form of alternative dispute resolution. It can be a quicker and cheaper means to settle a dispute with your Title Insurance Company. However, if you agree to arbitrate, you give up your right to take the Title Company to court and your rights to discovery of evidence may be limited in the arbitration process. In addition, you cannot usually appeal an arbitrator's award. Your policy contains an arbitration provision (shown below). It allows you or the Company to require arbitration if the amount of insurance is $1,000,000 or less. If you want to retain your right to sue the Company in case of a dispute over a claim, you must request deletion of the arbitration provision before the policy is issued. You can do this by signing this form and returning it to the Company at or before the closing of your real estate transaction or by writing to the Company. The Arbitration provision in the Policy is as follows: "Unless prohibited by applicable law or unless this arbitration section is deleted by specific provision in Schedule B of this policy, either the Company or the insured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Insured arising our of or relating to this Policy, and service of the Company in connection with its issuance or the breach of a policy provision or other obligation. All arbitrable matters when the Amount of Insurance is $1,000,000 or less SHALL BE arbitrated at the request of either the Company or the Insured, unless the insured is an individual person (as distinguished from a corporation, trust, partnership, association or other legal entity). All arbitrable matters when the Amount of Insurance is in excess of $1,000,000 shat] be arbitrated only when agreed to by both the Company and the Insured. Arbitration pursuant to this Policy and under the Rules in effect on the date the demand for arbitration is made or, at the option of the Insured, the rules in effect at the Date of Policy shall be binding upon the parties. The award may include attorney's fees only if the laws of the state in which the land is located permit a court to award attorney's fees to a prevailing party. Judgement upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request." I request deletion of the Arbitration provision. SIGNATURE DATE KERRa/ILLE1TITLE COMPANY 2107923949 * KSRRVIT.LE 'I~'T'~.E CQMPANY 145 Srorar BAt~it • K.BRBVQd.•., I~xes 78o1s k4epresautlx-g Chicago '['itle AN1v RoB>~R'150N OoplVete J PpE3~Tt DATE I~ " ~ ` TO ~/~-- FAX # v~ S ~lLa7l 'lrROM~~ - RE : ~~dca'S ~-v~.~ HUMBER OF PAGES INCLUDING COYER -~ n FOLLOT~tTNG PLEASE FIND: P. 01 (110) 896-5811 FA1Cq (110) 791-3949 ~w1~~ D p _ ~ ra"r p ~ ~ y~p y c. tit ''' ~' ".~: TF THERE HAS BEEN A PROBL~ REGETVING THxS TRANSMISSION, PLEASE CAI+L SSND~SR gT 210-896-5811. OUR FAX NUMBER YS 214-T9Z-a949. ~ ~.y~~~~ (~ ~ EMERGENCY COMMISSIONERS' COURT AGENDA ADDENDUM ~~ N VEMBER 28 1994 9:00 A.M. MONDAY, O , COUNTY COURTROOM KERR COUNTY COURTHOUSE KERRVILLE, TEXAS 78028 THIS NOTICE IS POSTED PURSUANT TO THE TEXAS OPEN MEETINGS ACT. (TITLE 5, CHAPTER 551, GOVERNMENT CODE AND TITLE 5, CHAPTER 552, GOVERNMENT CODE.) This Commissioners' Court will hold an emergency meeting at 1:00 P.M., Thursday, December l , 1994, as an addendum to the recessed agenda of Monday, November 28, 1994 at the Kerr County Courthouse in the Commissioners' Courtroom. CALL MEETING TO ORDER VISITORS INPUT • Citizens wishing to speak on items NOT listed on the regular agenda, please fill out form for consideration at this time. Citizens wishing to speak on items LISTED on the regular agenda, please fill out request form for consideration during discussion on that specific item. In order to expedite the flow of business and to provide all citizens the opportunity to speak, the Judge may impose a three (3}minute limitation on any person addressing the court. CONSIDERATION AGENDA: (Action may be taken on Items listed below) 2.23 Consideration of approving payments for closing on two (2) Easement Property purchases for the Indian Creek Bridge Project and authorize the County Judge to sign all necessary paperwork related to the closing. (County Judge) n oadl~r~-~~ ~~ /f~ PATRIJ DYE J . S 7 f7 ./ ~ ~ ply ~p~tr Tcsas 1 ~/// c en my accc~~t a by me m this tr~os•ct~en. ~ lurtt+er certify tnaf ~ nave tecwveu a aapy a~ aye nw•i avnir~.~~~~~ a~a~°.~~°~~~ aye( OIfO11'6f ~F~~ ° °r vyar ortower • se 5•itNT•M Apant I~E$PA, HB 4305.2 -- F~V. HUD-t (3186) ^ COCiNTY OF RR, STATE OF TEXAS ORDER N0. 22142 APPROVAL OF CONTRACT WITH TEX-APPRAISE INC. AND AUTHORIZATION OF THE COUNTY JUDGE TO SIGN SAID r_ONTRACT On this the 12th day of July 1994, upon motion made by Commissioner Oehler, seconded by Commissioner Lackey, the Court unanimously approved by a vote of 4-0-0, to approve the contract with Tex-Appraise, Inc. for the appraisal of two parcels of praperty to be effected by the new bridge on Indian Creek Road at the Guadalupe River. July 5, 1994 Kerr County Commissioners Court Attn: Mr. Bruce Oehler 700 Main Kerrville, Tx 78026 Re: Contract for Appraisal Services Dear Mr. Oehler: In accordance with your request, we are pleased to submit this proposal for professional services. It. is my understanding that you want us to make an appraisal on two (2) parcels of property to be affected by the new bridge project on CR 151 (Indian Creek Road) at the Guadalupe River. These two parr_els are described as being 1) 0.579 acres out of the F. Trevino Survey No. 129 under the ownership of Annie Rudd, and 2} 2.31 acres out of the John Overland Survey No. 136 belonging to Edna Jo Tubbs. The purpose of the appraisal is to prepare 1) an estimate of the whole property value befare the taking, 2) an estimate of the part taken and 3) damages to the remainder, if any, in order to render an "estimate of just compensation" for negotiations or condemnation proceedings. We agree to preform the appraisal work on or before sixty (60) working days after notification to begin the work. In return for said services and report, it. is agreed that we are to be compensated as follow: The fee for ear_h parr_el will be $750.00 or $1,500 for the two appraisals. Subsequent time involved with consultation, deposition or testimony work will be at a rate of $125 per hour plus direct expenses. It is further agreed that payment for these services will be on the fallowing schedule: The entire balance of the appraisal fee will be due and payable at Kerrville, Texas within ten days after delivery of the completed appraisals. Subsequent billings for testimony are due within two weeks of completion of testimony or disposition of the case and final billing. Your signature of acceptance below will make this proposal the agreement between us. Upon receipt of one signed copy, we will proceed with the work outlined. Thank you for the opportunity of furnishing this proposal to you. Accepted/s/ W. G. Stacy, Kerr County Judge Date Sincerely yours, /s/ Bi11y D. Snow, /t/ Billy D. Snow, ARA, MAI President July 5, 1994 Kerr County Commissioners Court Attn. Mr. Bruce Oehler 700 Main Kerrville, Texas 78028 Dear Mr. Oehler: I have enclosed a copy of our standard contract letter in duplicate. Review and sign if everything looks in order. The items needed to assist us in the appraisal are as follows: 1) Complete legal description or reference to the deed as acquired to properly plot the property and determine the whole property parcel. 2) Engineering plat showing measurement of part taken, areas, and flood plain area. 3) Engineering plat of construction to be reviewed and returned. Please feel free to contact me if you have any questions. espectf~l~ r ~ Billy Snow ARA, MAI Presid t REAL ESTATE APPRAISALS, 1021 MAIN, SUITE 200 TexAppraise, I11C. CONSULTING & SOFTWARE KERRVILLE, TEXAS 78028 PHONE (210) 257-2177 July 5, 1994 Kerr County Commissioners Court Attn. Mr. Bruce Oehler 700 Main Kerrville, Texas 78028 Re: Contract for Appraisal Services Dear Mr. Oehler: In accordance with your request, we are pleased to submit this proposal for professional services. It is my understanding that you want us to make an appraisal on two (2) parcels of property to be affected by the new bridge project on CR 151 (Indian Creek Road) at the Guadalupe River. These two parcels are described as being 1) 0.579 acres out of the F. Trevino Survey No. 129 under the ownership of Annie Rudd, and 2) 2.31 acres out of the John Overland Survey No. 136 belonging to Edna Jo Tubbs. The purpose of the appraisal is to prepare 1) an estimate of the whole property value before the taking, 2) an estimate of the part taken and 3) damages to the remainder, if any, in order to render an "estimate of just compensation" for negotiations or condemnation proceedings. We agree to perform the appraisal work on or before sixty (60) working days after notification to begin the work. In return for said services and report, it is agreed that we are to be compensated as follows: The fee for each parcel will be $750 or $1,500 for the two appraisals. Subsequent time involved with consultation, deposition or testimony work will be at a rate of $125 per hour plus direct expenses. It is further agreed that payment for these services will be on the following schedule: The entire balance of the appraisal fee will be due and payable at Kerrville, Texas within ten days after delivery of the completed appraisals. Subsequent billings for testimony are due within two weeks of completion of testimony or disposition of the case and final billing. Your signature of acceptance below will make thi agreement between us. Upon receipt of one signed proceed with the work outlined. Thank you for the furnishing this proposal to you. incerel~ ~urs, / Accepted t,~_~ ~ u,Q „f " Billy Snow, ARA, MAI Date Presid nt REAL ESTATE APPRAISALS, 1021 MAIN, SUITE 200 TexAppra~se, I11C^ CONSULTING & SOFTWARE KERRVILLE, TEXAS 78028 PHONE (210) 257-2177 s proposal the copy, we will opportunity of July 5, 1994 Kerr County Commissioners Court Attn. Mr. Bruce Oehler 700 Main Kerrville, Texas 78028 Dear Mr. Oehler: I have enclosed a copy of our standard contract letter in duplicate. Review and sign if everything looks in order. The items needed to assist us in the appraisal are as follows: 1) Complete legal description or reference to the deed as acquired to properly plot the property and determine the whole property parcel. 2) Engineering plat showing measurement of part taken, areas, and flood plain area. 3) Engineering plat of construction to be reviewed and returned. Please feel free to contact me if you have any questions. spectfull~ l((~`~\11 v,.~ Billy Snow ARA, MAI Presid t REAL ESTATE APPRAISALS, 1021 MAIN, SUITE 200 TexAppraise, It1C^ CONSULTING & SOFTWARE KERRVILLE, TEXAS 7802$ PHONE (210) 257-2177 July 5, 1994 Kerr County Commissioners Court Attn. Mr. Bruce Oehler 700 Main Kerrville, Texas 78028 Re: Contract for Appraisal Services Dear Mr. Oehler: In accordance with your request, we are pleased to submit this proposal for professional services. It is my understanding that you want us to make an appraisal on two (2) parcels of property to be affected by the new bridge project on CR 151 (Indian Creek Road) at the Guadalupe River. These two parcels are described as being 1) 0.579 acres out of the F. Trevino Survey No. 129 under the ownership of Annie Rudd, and 2) 2.31 acres out of the John Overland Survey No. 136 belonging to Edna Jo Tubbs. The purpose of the appraisal is to prepare 1) an estimate of the whole property value before the taking, 2) an estimate of the part taken and 3) damages to the remainder, if any, in order to render an "estimate of just compensation" for negotiations or condemnation proceedings. We agree to perform the appraisal work on or before sixty {60) working days after notification to begin the work. In return for said services and report, it is agreed that we are to be compensated as follows: The fee for each parcel will be $750 or $1,500 for the two appraisals. Subsequent time involved with consultation, deposition or testimony work will be at a rate of $125 per hour plus direct expenses. It is further agreed that payment for these services will be on the following schedule: The entire balance of the appraisal fee will be due and payable at Kerrville, Texas within ten days after delivery of the completed appraisals. Subsequent billings for testimony are due within two weeks of completion of testimony or disposition of the case and final billing. Your signature of acceptance below will make this proposal the agreement between us. Upon receipt of one signed copy, we will proceed with the work outlined. Thank you for the opportunity of furnishing this proposal to you. incere ours Accepted ~~ ~ ~-- Billy Snow, ARA, MAI Date 7/ Presid nt REAL ESTAT"E APPRAISALS, 1021 MAIN, SUITE 200 T@xApprai5e, IIIC^ GONSULTlNG & SOFTWARE KERRVILLE, TEXAS 78028 PHONE (210) 257-2177 July 5, 1994 Kerr county commissioners Court Attn. Mr. Bruce Oehler 700 Main Kerrville, Texas 78028 Re: Contract for Appraisal Services Dear Mr. Oehler: In accordance with your request, we are pleased to submit this proposal for professional services. It is my understanding that you want us to make an appraisal on two (2) parcels of property to be affected by the new bridge project on CR 151 (Indian Creek Road) at the Guadalupe River. These two parcels are described as being 1) 0.579 acres out of the F. Trevino Survey No. 129 under the ownership of Annie Rudd, and 2) 2.31 acres out of the John Overland Survey No. 136 belonging to Edna Jo Tubbs. The purpose of the appraisal is to prepare 1) an estimate of the whole property value before the taking, 2) an estimate of the part taken and 3) damages to the remainder, if any, in order to render an "estimate of just compensation" for negotiations or condemnation proceedings. We agree to perform the appraisal work on or before sixty (60) working days after notification to begin the work. In return for said services and report, it is agreed that we are to be compensated as follows: The fee for each parcel will be $750 or $1,500 for the two appraisals. Subsequent time involved with consultation, deposition or testimony work will be at a rate of $125 per hour plus direct expenses. It is further agreed that payment for these services will be on the following schedule: The entire balance of the appraisal fee will be due and payable at Kerrville, Texas within ten days after delivery of the completed appraisals. Subsequent billings for testimony are due within two weeks of completion of testimony or disposition of the case and final billing. Your signature of acceptance below will make thi agreement between us. Upon receipt of one signed proceed with the work outlined. Thank you for the furnishing this proposal to you. ,~incerel~ ~urs, / Accepted `-h t,~, J L.~ .mil Billy Snow, ARA, MAI Date Presid nt REAL ESTATE APPRAISALS, 1021 MAIN, SUITE 200 TexAppraise, It1C. CONSULTING & SOFTWARE KERRVILLE, TEXAS 78028 PHONE (210) 257-2177 s proposal the copy, we will opportunity of ORDER N0. 22142 APPROVAL ~' CONTRACT WITH TEX- APPRAISE INC. AND AUTHORIZATION OF THE COUNTY JUDGE TO SIGN SAID CONTRACT July 12, B94 Vol T, Page 486