ORDER NO.28649 BUDGET AMENDMENT IN FLOOD CONTROL On this the 17th day of May, 2004 upon motion made by Commissioner Letz, seconded by Commissioner Williams, the Court unanimously approved by a vote of 3-0-0, to transfer $2,925.00 from Surplus Reserves to Line Item N0.22-670-450 Repairs to Dams and authorize a hand check in the amount of $2,925.00 made payable to Fidelity Abstract & Title Company for R.O.W. expenses for Hermann Sons Road Bridge. COURT ORDER # ~ ~ ~ l~~l # 1 (05/'1104) BUDGET AMENDMENT REQUEST FORM DEPARTMENT NAME: Flood Control CURRENT CURRENT EXPENSE CODE LINE ITEM DESCRIPTION BUDGET EXPENSE UNEXPENDED BUDGET BALANCE REQUESTED AMENDMENT INCREASE/QDECREASE 22.649-450 Re irs to Dams $26,140.00 $2,925.00 $0.00 + $2,925.00 l~*kr - •-Funds to come from Surplus Reserves ELECTED OFFICIAUDEPARTMENT HEAD SIGNATURE 05/11 /04 DATE FOR AUDITOR'S OFFICE USE ONLY ~~ LATE BILL FOR 05/'704 WILL NEED A HANDCHECK T.1051 VENDOR # INVOICE # PAID TO: FIDELITY ABSTRACT 8 TITLE AMOUNT: 52,925.00 EXPENSE CODE: 22-640-450 DESCRIPTION: R.O.W. expense-Hermann Sons Road- Bridge INV. NUMBER 5'04/ROW-Hermann Sons Rd INV. DATE: 05/12/04 RCVD DATE: 05/12/04 DUE DATE: 05/1~f'04 ua~l+; Guuy io:1L me i oav cu+ G~ou r1ue11~S' nua~i•rscu ~:J uuti u<~ since 1936 FIDELITY ABSTRACT & TITLE CD. ~branie L. Pesckel~ 829 JEFFERSON ST., KERRVILLE, TEX E T `',T 1 ~;`~ ' ~'residettt , ~~~ {830) 257-2822 (800) 400-2031 FAX ($3 257?960 _ E-MAIL: fatcl936C~ktc.com hfiAY ? ! 7r+ I BY: ec: ~s DATE: 5-17-~ ~ °~~ e To: ~~n ] ~'z - 7~ia- ~~r8 FR : JE OR JIMMIE RE: GF# o~~ILo ~ D ~~ r7 TOTAL NUMBER OF PAGES TRANSMITTII~TG:a~ (INCLUDING COVER PAGE) IF ALL PAGES ARE NOT RECENED, PLEASE CONTACT JENNIFER OR JIMMIE AT 830-257-2822. -~- MESSAGE: ~1/~L~OS ~ ± ,~P'~' Jh~ Escrow Officers: Vicki Roark and Allen G. Duncan. Jr. A. Settlement Statement U.S. Departrnent at' Rousing and Urbgn Ueti~elopment 0[tiIH No. 2502 •J265 (Page 1) i ~ F11A 2. a Fm11A 1. D Cvnv l/nins i 6. File Number 17 Lan Num6a I B. Mongagc Ina Cauc T:umbei 4. 7 YA S. C (:on. lac. 1bF C. Mete: Ttia form is turnirhed to Give you a slatornea: of actual cetllamW cola. Araaunc+ paid to and by me sattlemard agem are shown. ltevro ,su:rked "~ .n.o. " wart id ouhidv the eloefi>~ th ' are atown here for informational m and ere :at iaJuded in [he!nteh U Name and Addteas of Bntmwa E. Name, Atldrtaa, and Tax lD Namber of Seller F. Vann and Addrev of Leader Kerr County Raaeho Avacienda, L,L.G, a l'aan liatitvd 700 Mxl^ Sl. IfaDlOty conyaay Kerrville, TX 7g02a P O Box 3]4 Casrdort,TX 7x013 Tu IU M G. Property IacaHnn (Complete address, including It:~l 6euriptien, if necessary) ti. Sattlanent A¢ent Name, Addrms sad Tax ID T.umbcr Fid dittyy Atatract & TMe Co. S.1 Atxaa, Sun•ey No. 26. LERT$ NATHANI[L., Abatnct No. IAa, Kerr t29 Jeffarwu Coanty Kerrville, TX 7802a Tax [D: 74-1g21a35 See Addtndrm Plax of Settlvtma~ L Seldaaent Dote Fiddlty Abstract g Tide Co. S/s7Jg4 a9 Jefferwn straat KerrvtlD:, Tx 78028 J. 5aatmry of Borrovrer's Tnrtaaetloa K, baauaary of Senar'a 7nrsaaetlon ,ae~ ....,..,..rrn..~ n,..v,,.v.v am_r ... ~w,.e.,r n.. r. c.rr.. 1x1 Cantraee stex Pricer s6so.oo 4Ui. eotatac: Sala Price sbsu.op I C2. Parsatal Property 401 Pstsortal Property 103. Saul®eM Cltargos to botrovrer SrIS7,00 4113. Coati m Care Damper S3,6tl0.00 lM Costs To Crre Dametaa 82,600.00 4M. 105. 405. Adladmmh for Rena ra(d Dv' seller In advnr2 Adluaterr4 for Ileaaa Wald by alter la advance I06. City property axes thru 405. City property taxe. thru f 07. Counts' property tortes lhru 4(17. CaunN prapeRy taxes ttru 06. Atsoual attrsrnrata Ilr,s 408. Aavwl nsras~ents thru I09. S:Jtool pnryertytaxes Ittu 409. 8ctool property taxaa thty 110. ML'D axes iD,u 410. MUD Daces thra 111. Other axes rlrn[ 41 I.Olhctexea thru 12 , 412. I l ]. 413. l 14. 314. li3 415. 116. 416. 129. Gross Anarnt Dre Fnn Borroaer 53,707,OU 420. Gross Ataoaat Ure la Seller 5].256.00 aux. wrmnrstr rate nv ur ra ueaatr tx mrro.aer star. w.e..ea.,._ ru ~m....,r nu.., ..r w• 201. Depwit or earnest moary 501. Exetees Deposit 202. Prinelpl amdl+d of new• loan(er) 502 5ertlenan Ctarges to 5dler Qine 1400) 53~YJr 201. Existing loan(s) taken aubjact to 503. 6iisdng I.aeals) Taken Subjec[ to 204. Commiwent fee 504. Payoff"nf Irrs[ mortgega terra 203. 505. Payotf of second taart:age ben 2C6 506, 2J7 507. zoo. SG(r. 209, Spy. 210. City ptopotty taxes thn: 51 C. Ciry property' iota tla~. 2I 1 County pnspeny taxes Muu 31 1. Counry property tsxn tlcu 212. Armual ammammns thnt S l2. ANaral aeseetnnaxs [hv 213. School pnspe,ty taxn duo 3I ] School pmpetty taxes thty 21x. MVU taxes Mau 514. MllD texas t!vu 213, Ch1tR taxes thra 515. Other lax es C,rr 2i6. s16 2i7 517. 218 SIH 219 c19. 230. Taal Pald By,For Borrower 50.00 320. ToW Rcducfioa Amoaal Dua 6e1Nr 53,38938 301. Otoas Amount due fern borrower (fine 120) SJ,707.01 601. Gloss Ataeunt due m adlet (liae420) SJ,3S8A8 302. Lrsa ttrnotmta paid byrforbatowtr (line 220) 50.0! 602. Less rNUChoat +n amt. due ae0er (?Ina 32C) SJ,3193a 313. Cat Frern Barnwv 51,707A0 60;, CasD Prom Seller 51313a Pmimu Fdt~on is OS:olete Pruned d 12:43 PM, Msy . 1. 2rNr3 HUJ-1 f3185`, w. ~ evvy iu. ~v in• , oe~ moo. ..a.,~ ri~aii ~. yew a~.i yy uuo. v.,~ GF U4(rCi16F 1'avr Dnls ion of Cornausriun (tint 'OU) m follows. Paid From Pud Fnvn Borrower a Sellei a 701.50.00 a` Fu.Ms a Fmds u 702 f0.00 to Setdemen[ Sealemeor 70?. Camroisaion Paid M SU(lcmeet SO.OU 80U. llerot Pa ahk In Gaaaeclton witk L4ta 3U1. Loan Ori inaucn Fee to 80~. Loan CAdcpunl ro 303. A tonal Fx ac gl}4. CtOdll ILepDn 41 SUS Lendefs lnspu-u~m Fcc S d06. bfcr!Qyge Inau[ance Applicatbn x 807. Asxum~non Fcc m 808. Pro:,essi[1g Fee w 605. Undmwrin Fer m 810. A~iesrm Fee to B 11. Tax Service Fns w B 12. Life Lean Food Fee m 900. 902. /o 1000. Aesrvr D ached VFStk Leader I W 1. Huzsid infurence mDnd:a ~a amonth 1002. Mottp=e inftttance moad:t ra parinomh 100]. City tom tnomha !' pataonlh IG04. County taaea mDinhs er month 1005. Aantcel sasutmatta mcadin C per month 1006. School proppty taxes memha r parmanth 1(1U7. MUD taxes mandn .q er month In00. thLer taxes mottda ertao[ah 101 I. alt Ad'[atmau i.wa. weautona[ eemawnt u.naea I30l. Survey m 1]02. Pas in ian to 1301. 2003 Coanry Taxes 1D Kerc Coon • Taa A!C S»2.911 1304.2003 School Tana to KerrNlle Titd edent Sebooi District 52~9ti.4U 1400. Total Set[kmat[t ha cafe en bas 103 Section J sad SOS FatMn 5457.00 S3 09.38 aF.o4nolcr• Page 3 IZw Scl~rfc and Isurtor.~c aigssatvnca heroun et:3a~vtodgc tbtar a plovel sa>J eigru}y tbmr undctistatttting that taz and h101Ra71Ce ptoralior~ and mm~a a[e lased en figures for the prxeding your or supplid by athele m eshrtnted fur the currtx yrar, and in the trv~rnt of any than=e far the ccrrent year, dl nexasary ad)usttneoh will 6e trtade hatwven 6attower artd Solla dttanlly. Any deficit in delinquent texm ar Irart~ga payoffs m71 be protnptty mmbunod a the Stttlameot Agtnl by the Seller 1 have carefully reviewed the HUD-I Scflkmmt Staocmad sad to the ben of my Icnawlodgc and belief, isv a hue and accunm stat~ntxlt of all reor~ppr aed oisbutsemenn made on my account or by me is thu aaneaaar..: 1EnMr cenify that I lave received s cotnpleted Dopy ofpegm 1, 2 and :i of L'tls HI10.1 $eManee: Statement. Kerr County by' s Rancho Aveciendc; LI. C.; a 7 exaa Hmitd liability company try: a err o ~~~ ~ va atlging am .~__--- - r~-~-- __ -. SEI'ILELfENT A4Etr I CERTIFICATION Selkr4 Taxpayer [dentlflcatlaa Number Solldlatlert awd Csrtifinlan The HUD- 15 ettlement Statement which 1 FJYC prrpeted is a tttu and accumle You ate requited by Lw la prrrvide the Srxtlemed Agent tamed about wish eaount of rhis trattseetion. 1 have caused Ibe finds l0 bo ArsSened in yyour eortect Wapayer idtaVd~.atity number. [f y+ou o tat provide the accordance with dria atn[emmt Selt]ement Ag m vnih war coereot laxpa- a ideMifitx[ien number, yoei may M svbj act to cinl or erittuttal pctialties itepoeed by:aw Under pCrrMra eT perJury, 1 oerN tliu the number ahrvrn or stile rtaternerlt Is rttp errrctt sera Agett[ d~~--- talpsysr Idettd alloy arrtdfer. V4~'arnlnt: h is a Crime to itmwingly roeae fslx slalantaits to the United States a: thit or any odxer similar form. Ptrtatties upon wnvidion an mchde s fuk _ _ _ and impriaomnent. For devils tee: Title 1 B L.S. Code Section : W I ald - s t~taare --~~- Seetbn 1010. k'teviovs F_dition Obsolete HUD-1 (3.911 Settbn G - Addltbnal Tneh N Lead ' 10 sq R, Survey>\e. 26, I.EWLS, NATHANIEL Abslratt No. 148, Ktrr Ctrunty WAIVER OF INSPECTION May , 2004 Fidelity Abstr:ct & Title Co. 829 Jefferson Kerrville, TX 78028 12E: Uwner's Title Policy of Insurance You: GF# 040016E Gentlemen: We agree that the Owner's Title Policy you are to issue covering TRACT ONE; All that certain tractor parcel of land, lying and being situated in the County of Kerr, State of Tezas, being all of a certain tract or parcel of land containing 0.10 acre, mare or less, out of Aaselmo Galban Survey No. 28, Abstract No.148 in Kerr County, Tezas; part of a certain 141.120 acre tract conveyed from Alfredo Avalon to Rancho Avacienda, L.L.C. by a Special Warranty Deed ezecated the 4th day of May, 2001 and recorded in Volume 1121 at Page 777 of the Real Property Records of Kerr County, Tezas; and being store particularly described by metes and bounds as follows: BEGINNING at a 1/2" iron stake set in a fesrce, lire west line of said 141.120 acre tract and eastright-of-way line of Altenhelm Rosd (aka Hermann Sons Road), a public road for the northwest corner of the herein described tract; which point bears 421.18 ft. N. 00° 06' 43" W. from a reentrant corner of 141.120 acre tract; THENCE, upon, o~•er and across said 141.120 acre tract N. 89° 50' 37" E., 1539 ft. to a 1!2" iron stake set for the northeast comer of the herein described tract; THENCE, continuing aeon, over and across :aid 141.120 acre tract, all calls to set 1/2" iron stake iron stakes: S. 00° OS' S9" E., 209.79 ft.; S. Ol° 48' 13" W., 36.31 ft.; S. OS° 44' S2" W., 36.32 ft.; S. 09° 39' 47" W., 36.31 ft.; and 5.13° 35' 34" W., 18.75 ft, to a 112" iron stake set in a fence, the said west line of 141.120 acre tract and east right-af--way line of Altenheim Road for the south corner of the herein described tract; THENCE, along said fence with the west line of 141.120 acre tract and east right-of-way line of Altenheim Road N. 00° Uti' 4.3" VV., 336.20 ft. to the PLACE OF BEGINNING. Note: The Company is prohibited from insuring the area or quantity of the land described herein. Therefore, the Company does not represent that the acreage or square footage calculations are correct. References to quantity are for informational purposes only. TRACT TWO: All that certain tract or parcel of land, lying and being situated in the County of Kerr, State of Texas, being all of a certain tract or parcel of land containing 10 square ft., more or less, out of Anselnto Galban Survey No. 28, Abstract No.148 in Kerr County, Texas; part of a certain 141.120 acre tract conveyed from Alfredo Avalon to Rancho Avacienda, L.L.C. by a Special Warranty Deed ezecuted the 4th day of May, 2001 and recorded In Volume 1121 at Page 777 of the Real Property Records of Kerr County, Texas; and being more particularly described by metes and bounds as follovrs; BEGINNING at a U2" iron stake found In the south right-of--way line of Altenheim Road (aka Hermann Sons Road), a public road for the northwest earner of the herein described tract, a westerly rnrner of sold 141.120 acre tract and the northeast corner of a certain L.8 acre tract conveyed from JIm T. McDonald, et al to Rarrl P. uJi li GVUV JVlI rile 1 OJV GJI Gauu rlUelll,y HUa L1't1l;L t~/.,iuV V/ULJ Tljerina, et ua by a Warranty Deed executed the 25th day of June, 1993 and recorded in Voiutpe 699 at Page 636 of the Real Property Records of Kerr County, Texas; THEE"CE, with the west line of said !41.120 acre tract and south right-ot way line of Altenheim Road S. 89° 38' 45" E., 3.06 Ft. to a 1R" iron stake net for the northeast corner of the herein described tract; THENCE, upon, over and across said 141.120 acre tract: S. 21° 2b' 31" W., 0.76 ft. to a set 112" iron stake; and S. 25° 22' 16" W., 6.46 ft. to a 11Z" Iron stake set in the common line between 141.120 and 1.8 acre tracts for the south corner of the herein described tract; THENCE, with the said common line between 141.130 and 1.8 acre tracts N. 00° 06' 40" W'., 6.56 ft. to the P[,ACE OF BEGINNLNG. Note: The Company is prohibited tram insuring the area or quantity of the land described herein. `t'herefore, the Company does not represent that the acreage or square footage calculations are correct References to quant[ty are for informational purposes oply. will be on the usual Texas form which contains the following printed exceptions: 1. Restrictive covenants affecting rite land described or referred to above. 2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachtncnts, or any everiapping of improvements. 3. Standby fees and taxes for the year 2004, and subsequent years, and subsequent assessments for prior years due to change in land usage or ownership, and that the policy to be issued on this particular transacrion will contain the following special exceptions: 4. Lien or liens created or assumed in conjunction with this transaction, if any. 5. Rights of parties in possession. Since Fidelity Abstract 8r Title Co. examines only the record title and does not aerially see the property, we hereby waive inspection by Fidelity Abstract & Title Co. of ties property and accept ow policy subj ect W the rights of parties in possession. We agree that it is our responsibility to inspect said premises and to obtain possession of it from the present occupants, if any. We acknowledge we are not relying upon any representation, atatemcat or other assertion about the property condition or parties in possession, but aro relying upon our inspection of the property. We take the property under the ezpresa understanding that the title insurance agent and title insurance company hour made no express or implied warranties. R'e understand the title insurance agent and title insurance company have deternuned the insurability of title solely for their own benefit. Very truly yours; Kerr County t tiy~ 'o ey, Kerr County __uVi 1i LVVY 1Vlu lA.1 1 :]UV L./. GauV ,'1uC11 V.~ AU.7 L1 C3Vl lam/. VVI/VGJ TAX INFORDIATION DISCLOSURE Date: May , 2004 GF #: 04001bF Seller: Rancho Avacienda, L.L.C., a Texas limited liability company PurchaserBorrower: Kerr County Property: TRACT O~V`E: All that certain tract or parcel of land, lying and being situated in the Counly of Kerr, State of Texas, being all of a certain tract or parcel of land containing 0.10 acre, more or less, out of Anselmo Galban Survey No. 28, Abstract No. 148 In Kerr County, Texas; part of a certain 141.120 acre tract conveyed from Alfredo Avalon to Rancho Avaclenda, L.L.C. by a Special V1'srranty Deed ezecuted the 4th day of May, 2001 and recorded in Volume 1121 at Page 777 of the Real Property Records of Kerr County, Tezas; and being more partlcularty described by metes and boards as follows: BEGINNING at a lit" Iron stake set in a fence, the west line of said 141.120 acre tract and east right-of--way line of Altenheim Rvad (aka Hermann Sons Road), a public read for the northwest corner of the hereea described tract; which paint bears 421.18 ft. N. 00° Ob' 43" W. from a reentrant corner of 141.126 acre tract; TIiENCE, upon, over and across said 141.120 acre tract N. 89° 50' 37" E.,15.J9 ft. to a 1/2" iron stake set for the northeast corner of the herein described tract; THE:'~`CE, continuing upon, over and across said 141.120 acre tract, all calls to set 1i2" iron stake iron stakes: 5.00° OB' S9" E., 209.79 ft.; S. Ol° 48' iS" W., 3631 ft; S. OS° 44' S2" W., 3632 ft.; S. 09° 39' 47" W., 36.31 ft.; and 5.13° 33' 34" W.,18.75 ft. to a 1/2" iron stake eet in a fence, the said west line of 141.120 acre tract and east right-ot-way line of Altenhelm Road for the south corner of the herein described tract; THENCE, along said fence with the west line of 141.120 acre tract and east right-oi Nay line of Altenheim Road N. 00° 06' 43" W., 336,20 it. to the PLACE OF BEGINNING. Note: The Company is prohibited from insuring the area or quantity of the land described herein. `Therefore, the Company does not represent that the acreage or cgnare footage cak.ulatious are correct. References to quantity are for informational purposes only. TRACT TWO: A!l that certain tractor parcel of land, lying and being situated in the County of Kerr, State of Texas, being ali of a certain tract or parcel of Land containing 10 square fty more or less, ont of Anselmo Galban Survey No. 28, Abstract Vo. 148 is Kerr Counq•, Tezas; part of a certain 141.120 acre tract conveyed from Alfredo Avalon to Rancho Avacienda, L.L.C. by a Special Warranty Deed ezecuted the 4th day of May, 2001 and recorded is Volume 1121 at Page 777 of the Real Property Records of Kerr County, Texas; and being more particularly described by metes and bounds as follows: BEGINNING at a 1/2"Iron stake foand in the south rfght-af--way line of Altenheim Road (aka Iiermaau Sons Road), a public road for the northwest corner of the herein described tract, a westerly comer of said 141.120 sere tract and the northeast corner of a certain 1.8 acre tract conveyed from Jlm T. l_ dJJi 4rJ McDonald, et ai to Raul P. Ti,~erua, et ux by a Warranty Deed executed the 25t1t day of Junc,1993 and recorded is Volume 694 at Page 636 of the Real Property Records of Kerr County, Texas; THENCE, with the west line of said 141.120 acre tract and south right-of-way line of Altenheim Road S. 89° 38' 45" E., 3.06 ft. to a 1/2" iron stake set for the northeast corner of the herein described tract; THENCE, upon, over sad across said 141.120 acre tract: 5.11° 26' 31" W., 0.76 ft. to a set 1f2" iron stake; and S. 25° 22' ib" W., 6.4b ft. to a 111" iron stake set in the common line between 141.120 and 1.8 acre tracts for the south corner of the herein descrbed tract; THENCE, with the said common line between 141.120 and 1.8 acre tracts N. 00° 06' 40" W., 6.56 ft, !n the PLACE OF BEGINNLNG. Note: The Company is prohibited from insurug the area or quantity of the land described herein. Therefore, the Company does not represent that the acreage or square footage calculations are correct. Relerertces to quantity are for informational purposes only. Bawd upon information furnished by local taxing authorities, the taxes on the shave described property have been paid through the year 2003, and A special acernpfion for agricultural andlor timber has been filed against this property, thereby reducing said property tax and IS SUBJECT TO ROLLBACK. There is a shortage in the acreage ar square footage in the rolls as compared with the legal description herein conveyed, and could be SUPPLEA'IENTED for precious years. The tract(s) of land hereby conveyed is/are out of a larger tract of land which has not been split ouc for the present year, and caned and accurate figures cannot be obtained for tax proratlons. Purchaser and Seller agree to prorate based on ESTII3ATES ONLY. ~X_ Purchaser and Seller agree NOT TO PRORATE TAXES FORTHE CURRE'~1T YEAR, thereby, purchaser BEING RESPONSIBLE FOR THE FULL YEAR, An exetagtion exists on this property, and could be adjusted in the follou•iag tax year, thereby increasing said base tax. No tax figures were acquired as to an}-inventory, personal property or mobile home situated oa said property. Fidelity Abstract & Title Co, is not guaranteeing any payment of any such tax. Any proration of taxes made in cotmection wish this uansaction is based on tax information from the prior year and does not refleck the tax states of the property for the current year. We are closing this file based on verbal tax info:oration provided by the appropriate taxing authorities. The taxing authority is not bound by verbal information and, accordingly, Fidelity Abstract & Title Co. cannot guarantee the amounts reported as accurate. Fidelity Abstract & Title Co. can guarantee the tax atnotmts reported by tte taxing authorities only when F~eiity Abstract & Title Co, has in its posses9ion a written tax certificate issued by appropriate taxing authority. The amount of taxes due may increase or decrease when we revalue written tax certificates. It is understood and agreed that Fidelity Abstract & TWe Co., as closing agent, has infomted both the Purchaser and S eller of the above facts, and Purchaser and Seller agroc to hold Fidelity Abstract & Title Co. harmless from any taxes due because of tax supplement; agricutture/timber rollbacks due to change in land usage; tax exemptions; differences due to split out for the current year er subsequent years; any taxes dne on personal property, inventory or mobile homes situated on said property; and mistakes made to closing based on verbal tax information. It is expressly agreed and understood that if, for any of the above checked reasons, the proper amount of fasts are not collected at closing or the proper amount of taxes are not prorated, Fidelity Abstract & Title Co. retains the right to issue its policy of title insurance subject to any taxes due. THE LTNDERSIGYED HAVE BEEN INFORMED BY Fidelity Abstract & Title Co. TRAT IT IS THF, UNDERSIGNED'S SOLE RESPONSIBILITY TO NOTIFYTHE APPROPRIATETAJOI~'GJ[JRISDICTIONS THAT THE ABOVE PROPERTY HAS BEEN TRAl\SFERRED AND THAT IT IS THE PURCHASER'S SOLE RESPONSIBILITY TO PAY ALL TAXES FOR THE YEAR 2404 AND FILE ALL NECESSARY TAX EXEMPTIONS. By signature herein, the undersigned state that they understand this Disclosure and have received a copy of the sa.~ne at closing. We hereby acknowledge and accept the above agreement. Boyers Kerr County Sellers by Pat A. ialey, Kerr County Rancho Avaclenda, L.L.C., a Teias limited liabilihy company by Alfredo Avatos, Managing Mem U.S. Department of Ilousiug A. Settlement Statement and Urbaa De~•elopment OM9 No 2502-02b5 (Pave 1) I O F7L4 2. C Fm1{A J. ^ Corrv L;alns 6 File Number 7, loan Number 0. NartSage Ito Cane Number 4. a V.4 5 ^ Canr hta. {0017F C. Vote; This farm le tl:mish~ to give yru a stetamem of ^enul aettlaneet costf. Atnooraa paid to and by the tuYtletttent aged[ are thaws. Items marked .o.c. "were Idd altetda foe obsr 1 are .!town hcro fir ioforntahoaa and ^tt twt included in the mtalc. D_ ~eme std Address of Bazower E. Nwe, Address, std Tax ID Numbs of Edlar F. Name and Addtees of L,etdar Kerr Cowry Jarue^ & Itoerio 700 ataln St. P O ^^x 2297 Kerrville, T7( 70028 8uerne,'17C 7800ti T^r 1D M G. Pmpecty Lautiea (Complde address, ircWdmg bgnl Lrxriptior~ if accessary) It Settbmt:tst Agent Nsme, Addtese end Tex ID Number 0.1{Acme, S^rrey No. 1i, LO:N7S, NATHANIEL, Ahstract N^. 148. Kerr County Fidaltty Abatraa & 77t1c Co. 829 J^ eraon Kerr~i3le, TX 78028 Tax [D: ?4-1021035 Place ofSeftlt^nent LScnltaaeatDale FW^aqq Atislr^a /cT7Ue Co. 5.'12x04 829leHerson Strum Kerrv0ly TX 70828 J. 8ltmmat7 of Barrswer's Tnasaetlea K. S^ramnry of Seaer't Tnuu^cliott L00. Groa Araaeat Due from Bdt7rower 400. Groh Amount Du. m idler l01. Contact Sales Price 1910.00 _-_ 401. Cottuact Sala Psis 5910.00 102. Persona] Propesty 4t)2. Pcr^artsl Rapery ?03 Stademert Charges tc borrows 5421-00 403 Coats to Care Damagm 51,500.00 l )4. Ceara W CYwe Daraatea S1,SM.00 404. 1U3. 400, watusxaseaas sox teems sate ev surer m aev^nes •nt...~.....r. a.~ u..,.. ~.ta ..., .rt.~ t...w........ 106 eyty property taxes thn, 4U6. City pteperty taus [hru 10^.. Codnry• property Iexes tbru 407. Caurdy prvyerry hies ttw 100. Arvrtal asxmmm~ thrn 408. Atinual asseesmtaw tpru 109.3ahaol pmpetty taxes dw 409. School property t^xea thru 11 D. MUD texa dw 4[0. MLb taxes lhr~ 1 I I. Other cases duo 41 ]. Other laxcs thru 112. i12. 113. 413. 114. 414. ]13. 413. 116. 416.. 120. Gnu Amasser Due From Botriwer 52,t31A0 420. Gross Am^rnt Doh to Staler 52,410.00 o. lxllaYlrta ralC OY Vr fa riNYlr VI Nrr^W err iM Q.A..n Hnn. t.. ~.......~. rt..~ .~ .~ 201. Deposit or room[ rmaey 301. Baoae Depaatt 102. Ptucipal amtmt d sew' luan(al 302. Sddemrat Charges bJ Shcer (htx 1400) 2D3. £xatiag loan(s) nlceo subject to 303. 6aittiiag Loan(si T.kert Subject to i04. CnmmitmaY fee 304 Peyoff of fist rtuttgega loan 2os. cos Pa dtsmatsds 7'~ mrte^ae ][tern 206. 506. _ 207. 307 208. 503 -- 209, yam. 210. c~n• trmperty tttxxY thru sl o. city prapaq'axes rhra - - ---- 211 County ptdpetR taus dau 311. Coranty pmpesty Wtes dos 212. Adoual aaaaemtnts tluu 312. Annual asstsamenn ~ ttw 21 ~. Schon! ptvperry tale tltr~ 513. Scltnol . t•topetry tmcu tlttu 214. MUD taxes duo 514. MUD ta~a thru 213, Ckher taxer taw 313. IXha taxer thm 216. 516. 21;. i17, 218. 518. 219. 319. 220. TeW Pald By~Ferc Bsrrdsrer 50.00 52(1. Total Aed4tNaa Ams^nt Due Shcer SO.t>U 301. Goss Attsasol dtte from borrower (tux l20 j 51,931.00 601. Otva Amount due to collar (Sus 420) 52,470.00 302. Lose am6tmtt paid btlfor basawer (line 22.0} SO.fH 602. Liss rcdueliaas in nut. due sdltr(liae 520) 50.00 303. Cash Frsm Barrswer 52,831.00 603. Cud To Salley 52,410.00 Previom Pdition is OWolece P117ttd a[ 12:33 PM, ls?ay I I, 2L1(µ HUD-I l.l!$h) 6F. 04(J~ 1".T Cotvtni~sivn baacd Page } Paid }Yom Paid Ehvm Futds at Ftmda at Setllemetn xtsl:aud '703. Ccavnission Pail as Senicttmt i I ~•W 9(NI lt.en. P.vuhle .e feae~ctlon w4th Laaa dOl. Lvnc OriECnaomt Fct w __ 4112. Luao Discount w 903. nisal F'ee w 904. Crodit Report w 905. Isttd~s Mspmuon Fee to 906 MortRa eMf Hance Lcatan !o 60' Asawnption Fee to 809. Pmeeesing Fa to _ 809 lhtdermiling Fee tv 810. Meneeger Fee tv 811. Tax Service F'ee ro 812. Lifc Loan Ftood Fee W io $a Paid to 902. tMn IP..u.ra 11wv.~tMA WMh f wvtei I L~01. Flaznnd instuntce rtlotdhs ~ month lG02. ~{ tamtance tnotdhs month 1003. City 'tmces tnmAltt Ca? month ICW •nses tntmthe tnosd6 f 005. Amtutl aaaasmeJme ttlotttha ~ t atoath IL06.84aro1 'taxes tPOtrtea teonfh 1007. MUD taus tttotttha atonal 1008 OtFter taus monies modtk 1011. tcA ~ustttamt 13011. Additional Settlemeal Pat Oc ~• uacx~I;F Pr K= t The Sellerl snd dotreas.Y+ +igaaftae+ baoor. eetatorrklgo their appruv el anJ sionify their .ardeismttdu~g that tax end insuranec prcraliwn nrl resen~es arc 6aee:1 on flgvres £or rt.e preceding year or +upplied by afhn or estimsteC for t'ie cunttit year, end in the cunt of my c2wu`e for the ountr~t veer. all na:mm~ adjuatmettts will be rrnde bdFecn Borro9re- end 5 e11er dire.:tty. Anv deficit in dcltrtgttenl text: of tuorteege ouyof[s mill be Q;onptly iGmbutscd to do SeMerxat Agent by Me Seller. I have caretully rcvtewed dte IfUD-1 Seakrneat Stataneat etd to the boat of m • Imewidge and bdief, it is a trite and actuate smt 1 rata is nKi d:abutsemrnb made on rry axomK or by me in this tmnectloo. ! further ccrti~~ ihtt ve re:eixd a ptmplded copy of ppp;;;gggeeesee I, 2 tttis ?fUD-1 SdtlemeN Statarttatt. KeR County by: e atra eng at. 7m ^ Tvr~ ~d r3gs _ ___~_- _ - /~~ _ Shcer's Ta:paytr Idendtlcatles Nu~tber SoLLettstbn and Certitlra[Wn SE7TI.fIvLENT AGENT CERTIFICATION Yau are raga+:rtd by kw lo~ravide the Sdekment Agent narttcd above with The IillD• t SNkawnc Statement wbick 14ave prepared 1. a true em accurate gyucar correct taxpsyrr ideatmention m:mbar. If you do riot pmti~lc the aowvst of dds traasactiov. 1 Fuve utreed the funds ro be disbursed in Sottlamnt A~aat Fish }our oorrrx aye idmtifieatiwt ratmbar, you any be socattlsaa with this eWana,t. t to civil or eritatnsl pe ad lN;aw. L'adsr Peas tiro of per u rsrt' ~ tkat tYe nn era sa thi++tatanent is tar rnet S~ `~,_ Lapeger cation ^ V1'arnlttg: k is s erfare to Irnawinaly mile false intement+ m the Uotted Smtm on tfiis or any ether simlkr form. 7v~enakiac upaf crovietion can :palude a find a rytatwe e and itnDritavmetrl- Far dgaih xe: Tide i8 Lt. S. Cade Section IoOl and Previous F.di!ien Obsalatz NUD• I ; 391 j 1 Substitute Form 10995 Proceeds from Real Estate ~' ,~ ,'~B ;'add;°~dei~ss ' ° ~' SeII~rL~'F.aPs'l*~>~`~~e anti ~A~rldr < i S,sttletn~eQt ~ etii dam ,„ _ . ~: Pideliry Abstract & Title Co. James E. Rcerig 829 Jefferscm P O Box 2297 Kemille, TX 78028 Boerne, TX 78000 .r~ (830)257-2822 SSN/Tax ID: ~~ l ~~~ ~ ~~j t r ti y Yi , ~ r i. ~4 y~ t [ , ` l.T4~ ` r ~ ~ .r ~ ~,5tmv~"ctt~in Iin~br~`dan ~~ ~ ~{~~ .4 ..V.. Date of Closing Gross Proceeds 52,410.00 Allocation of Gross Proceeds X2,410.00 Description 0.14 Acres, Sun~ey No. 28, LEWIS, NATHANIEL, Abstract No. 148, Kerr County Transferor received or will receive property or services as part of the comsidera6on No GF Number 040017F - This is important tax information and is being furnished to the Irtternal Revenue ~erv~ce. lI you are requuea co fire a return, a negligence penalty or 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. - You are required by law to provide the Settlement Agent with your correct Tax Payer Identification Number. If you do not provide the Settlement Agent with your correct Tax Payer Identification Number, you may be subject to civil or criminal penaltes imposed by law. - Under penalties of perjury, I carrtify that the number shown above on this statement is my correct Tax Payer Identification Number. 1 acl¢towledge receipt of a copy of this statement. E. liioerig D Seller Instructions Sign and return a copy of this form immediately to the Settlement Agent. If this real estate was your prinapal residence, file Form 2119, Sale or Fatchange of Principal Residence, for a~ gain, with your income tax return. For other transactions, coatplete the applicable parts of Form 479?, Galas and bosses From Sales or Exchanges of Assets Used in Trade or Business and Involuntary Comersioas, Form 6252, Computation of lastallmeot Sale Income. and/or Schedule D (Form 1040), Capital Gains and Losses Reconciliation of Forms 1099-B. TAX INFORMATION DISCLOSURE Date: _, 2004 GF ~: 04b417F Seller: James E. Roerig Purchaser/Sorrower: Kerr County Property: All that certain tract or parcel of land, lying and being situated in the County of Kerr, State of Teas, being a!l of a cr.rtain tract or parcel of land containing 0.14 acee, more or less, out of Anselmo Galban Survey lro. 28, Abstract No.148 to Kerr County, Texas; part of a certain 96.41 acretract conveyed from James R, Clement, Jr, to Louise Clement Steen by a W arranty Deed executed the 3rd day of October, 1979 and recorded to Volume 226 at Page 632 of the Aeed Records of Kerr County, Teias; and being more particalarly described by metes and bounds as follows: BEGINNING at a 1!2" iron stake set in the east line of said 96.41 acre tract and west right-of-way Une of Altenheim Road (aka Hermaan Sons Road), a public road for the northeast corner of the herein described tract; which point bears 501 ft. North and 267 ft. East From the southerly southwest corner of 96.41 acre tract on the north bank of the Guadalupe River; THENCE, with the said east line of 96.41 acre tract and west right-of-way lint of AltenheLm Road: S. 00° 05' 40" E., 329.96 H to a set 1/2" iron stake; S. 33° 22' 10" R'., 63.41 ft. to a set 1/2" iron stake; and 5.44° 48' OS" «'., 27.66 ft. to a 1/2" 'von stake set for the south corner of the herein described tract; THENCE, npan, over and across said 96.41 acre tract, all calls to set 1/2" iron stakes: N. Z5° 22' SS" E., 5.29 ft,; N. 21° 26' 22" E, 32.20 ft.; N, i7° 31' 19" E., 32.21 ft.; N,13' 35' S7" E., 32,.21 ft.; N. 09° 40' il" E., 32.2U k.; N. 05° 44' 27" E., 32.21 ft.; N. O1° 48' 29" E., 32.21 ft.; and N. 00° 09' Ol" W., 209.78 Ft. to a 112" trop stake set for the northwest corner of the herein described tract; THENCE, continuing upon, over and across said 96.41 acre tract N. 89° 50' 3?" E, 13.33 ft. to the PLACE OF BEGINNING. Note: The Company is prohibited from insuring the area or quantity of the Land described herein. Therefore, the Company does not represent thai the acreage or square footage calculations are correct. References to quantity are for informational purposes only. Based upon information famished by local ta~cutg authorities, the taxes on the above described property have been paid through the year 2003, and A special exemption for a~ricultucal and/or timber has been filed against this property, thereby reducing said property tax aad IS SUBJECT TO ROLLBACK. _ There is a shortage in the acreage or square footage in the rolls as compared with the legal description herein conveyed, sad could be SUPPLEMENTED for previous years. The tract(s) of ]and hereby conveyed is/ate out of a larger tract of land which has not been split out for the present year, and earreCt and accurate figures camwt be obtained for tar prorations. Purchaser and Seller agree to prorate based on ESTI_ti1ATES ONLY. .v '.'10i 6LJ _X_ Purchaser and Seller agree NOT TO PRORATE TAXES FOR THE CURRENT YEAR, thereby, purchaccr BEING RESPOI~ISIBLE FOR TfiE FULL YEAR. _ .fin exemption exists on this properly, and could be adjusted in the following tax year, thereby increasing said base tax. _ No tax figures were acquired as to any inventory, personal property or mobile home situated on said property, Fidelity Abstract & Title Co. is not guaranteeing any payment of any such tax. _ Any proration of taxes made is connection with this transaction is based on tax information from the prior year and does not reflect the tax status of the property for the current year. _ We are closing this file based on verbal tax information provided by the appropriate taxing authorities. The taxing authority is not bound by verbal information sad, accordingly, Ffdelity Abstract & Title Co. cannot guarantee the amounts reported as accurate, Fidelity Abstract & Title Co, can guarantce the tax amounts reported by the taxing authorities only when Fidelity Abstract & Title Co. has in its possession a written tax certificate issued by appropriate taxing authority. The amotrnt of taxes due may increase or decrease when we receive written tax certificates. It is understood and agreed that Fidelity Abstract 8 Title Co., as closing agent, has informed both the Purchaser and Seller of the above facts, and Purchaser and Seller agree to hold Fidelity Abstract & Title Co. harmless from any taxes due because of tax supplement; agriculttueltimber rollbacks due to change inland usage; tax exemptions; differences due to split-out for the current year or subsequent years; say taxes due on personal propert3~, inventory or mobile homes situated on said property; and mistakes made to closing based on verbal tax infomtation. It is expressly agreed and understood that if, for any of the above checked reasons, the proper amoutrt of taxes are not collected at closing or the proper amount of taxes are sot prorated, Fidelity Abstract & Title Co. retains the right to issue its policy of title insurance subject to any taxes due. THE UNDERSIGNED HAVE BEEN INFORMED BY Fidelity Abstract & Title Co. THAT TT IS THE UNDERSIGNED'S SOLE RESPONSIBILITY TO NOTIFY THE APPROPRIATE TAXING NRISDICTIONS THAT THE ABOVE PROPERTY HAS BEEN TRANSFERRED AND THAT IT IS THE PURCHASER'S SOLE RESPONSIBILITY TO PAY ALL TAXES FOR THE YEAR 2004 AND RILE ALL NECESSARY TAX EXEMPTIONS. $y signature herein, the undersigned state that they understand this Divclosure and have received a copy of the sa~oae at closing. We hereby acknowledge and accrpt the above agreement. Buyers Sellers Herr a..vunrr, r cin~ TAX INFORMATION DISCLOSUR>/ Datc: May , 2004 GF #: 040017F Seller: James E. Roerig Purchaser/Borrower: Kerr County Property: All that certain tract or parcel of land, lying and being situated in the County of Kerr, State of Texas, being all of a certain tractor parcel of land containing 0.14 acre, more or less, out of Anselmo Galban S urvey No. 28, AbstractNo. ] 48 in Kerr County, Texas; part of a certain 96.41 acre tract conveyed from James H. Clement, Jr. to Louise Clement Steen by a Warranty Deed eaecuted the 3rd day of October, 1979 and recorded in Volume 226 at Page 652 of the Deed Retards of Kerr County, Texas; and being more partkularly described by metes and bounds as follows: BEGIIr'N1NG at a 1; 2" iroa stake set In the east line of said 96.41 acre tract aad vrest rlght-of-way line of Altenhehn Road (aka Ilerma~n Sons Road), a public road for the northeast comer of the herein described tract; which point bears 501 ft. North and 267 ft East from the southwety southwest corner of 96.41 acre tract on the north bank of the Guadalupe River; THENCE, with the said east line of 96.41 acre tract and westright-af--way line of Alienhetm Road: S. 00° 06' 40" E., 329.98 ft. to a set 1J2" hroa stake; S. 33° 22' 10" W., 63.41 ft. to a set 1!2" iron stake; and S. 44° 48' OS" W., 27.61 ft. to a 1/2^ iron stake set for the south corner of the herein described tract; THENCE, upon, over and across said 96.41 acre tract, all calls to set 1/2" Iron stakes: N. 25° 22' SS" E., 5.29 ft; N. 21° 26' 22" E., 32.20 ft; N. 17° 31' 19" E., 32.21 ft; N. 13° 35' S7" E., 32.21 ft; N. 09° 40' ii" E., 32.20 ft; N. OS° 44' 27" E, 32.21 ft.; N. 01 ° 48' 29" E., 32.21 ft.; aid N. 00° 09' Ol" W., 209.78 ft to a 1/2" iron stake set far the northwest corner of the hcrein described tract; THENCE, continuing upon, over and across said 96.41 acre tract N. 89° 50' 37" E., 13.33 ft. to the PLACE OF BEGINNLNG. Note: The Company is prohibited from Ensuring the area or quantity of the land described herein. Therefore, the Company does not represent that the acreage or square footage calculations are correct. References to gnaatity are for informational purposes Duty. Based upon information famished by local taxing authorities, the taxes on the above described property have been paid through the year 2003, and A special exemption for agricultural andlor tunber bas been filed against this property, thereby reducing said property tax and IS SUBJECT TO ROLLBACK. _, There is a shortage in the acreage or square footage in the rolls as compared with the legal description hetcin conveyed; and could bo SUPPLEME.'VTED for previous years. The tract(s) of land hereby conveyed is/are out of a larger tract of land which has not been split out far the presentyear, and correct and acctuate figures cannot be obtained for tax prorations. Purchaser and Seller agree to prorate based on ESTIMATES ONLY. ,X_ Purchaser and Seller agree _~l0'C TO PRORATE TAXES FOR THE CURRENT YEAR, thereby, purchaser BEING RESPONSIBLE FOR THE Ft1.L YEAR. An exemption exists on this property, and could be adjusted in the following tax year, thereby increasing said base tax. No tax figures were acquired as to any inventory, personal property or mobile home situated on said property. F[dellty Abstract & Title Co. is not guaranteeing any payment of any such tax. Any proration of taxes made in connection with this transaction is based on tax information from the prior year and does aot reflect the tax status of the property for the current year. W'e are closing this file based on verbal tax information provided by the appropriate taxing authorities. The taxing authority is not bound by verbal information and, accordingly, Ffdelity Abstract & Title Co. cannot guarantee the amounts reported as accurate. Fidelity Abstract & Title Co. can guarantee the tax amounts reported by the taxing autl-~orities only when Fidelity Abstract & Title Co, has in its possession a written tax certificate issued by appropriate taxing authority. T'he amount of taxes due may increase or decrease whin we receive written tax certificates. It is understood and agreed that Fidelity Abstract & Title Co., as closing agent, has informed both the i'utchaaer and Seller of the above facts, and Purchaser and Seller agree to hold Fidelity Abstract & Title Co. harmless from any taxes due because of tax supplement; agricultuireltintberrollbxcks due to change in land usage; tax exemptions; differences due to split-out for the 4-urrent year or subseq~,unt years; any taxes due on personal property, inventory or mobile homes situated on said property, and mistakes made to closing based on verbal tax information. It is expressly agreed and understood that if, for any of the above checked rcaaons, the proper amount of taxes are not collected at closing or the proper amount of taxes are not prorated, Fidelity Abstract & Title Co. retains the right to issue its policy of title insurance subject to any taxes due. THE (UNDERSIGNED HAVE BEEN INFORMED BY Fidelity Abstract & Title Co. THAT IT IS THE CTNDERSIGNED'S SOLE RESPONSIBILITY TO N OTIFY THE APPROPRIATE TAXING JURISDICTI01\ S THAT THE ABOVE PROPERTY HAS BEEN TRANSFERRED AND TAAT IT IS THE PURCHASER'S SOLE RESPON5lBILITY TO PAY ALL TAXES FOR THE YEAR ZQ04 Alv'D FILE ALL NECESSARY TAX EXEMPTIONS. By signature herein, the undersigned state that they understand this Disclosure and have received a copy of the same at closing. We hereby acknowledge and accept the above agreement. Buyers Sellers Kerr County ~.- - -`, ~ by Pat A. Tinley, rr County James E. Roerig WAIVER OF INSPECTION 2004 Fidelity Abstract & Title Co. 829 Jefferson Kerrville, TX 78028 itE: Owner's 'Citie Policy of Insurance Your GF'# 040017E Gentlemen: We agree that the Owner's Title Policy you are to issue covering All that certain tract or parcel of land, lying and being situated In the County of Kerr, State of Texas, being all of a certain tract or parcel of land containing 0.14 acre, more or Iess, out of Anselmo Calban S urvcy No. 28, Abstract No.148 In Kerr Co only, Texas; part of a certain 9dAi arxe tract conveyed from James H. Clement, Jr. to Louise Clement Steen by a Warranty Deed execated the 3rd day of October, 1979 and recorded in Volume 226 at Page 652 of the Deed Records of Kerr County, Texas; and being more particularly described by metes sad bounds as follows: BZGfN~iI)`IG at a 1/2" iron stake set in the east Ilse of said 96.41 acre tract cad west right-of-nay line of Altenhelm Road (aka Hermann Sons Road), a public road for the northeast corner of the herein described tract; which point bears SOl ft. North and 267 ft. East fxom the southerly southwest corner of 96.41 acre tract on the north bank of the Guadalupe River; THENCE, with the said east line of 96.41 acre tract and west right-of-vsay line of Altenheim Road: S. 00° 06' 40" E., 329.98 ft. to a set 1/2" troe stake; S. 33° 22' 10" W,, 63.41 ft. to a set 1/2" h-oa stake; and S. 44° 48' OS" W., 27.66 ft. to a 1/2" iron stake set for the south corner of the herein deserii~l tract; THENCE, upon, over and across said 96.41 acre tract, all calls to set t/2" iron stakes: N. 25° 22' S5" E., 5.29 ft.; N. 21° 26' 22" E., 32.20 ft.; N. 17° 31' 19" E., 32.21 ft.; N. 13° 3S' S7" E., 32.21 ft.; N. 09° 40' 11" E., 32.20 ft.; N. OS° 44' 27" E., 32.21 ft.; N. Ol° 48' 29" E., 32.21 ft.; apd N. 00° 09' Ol" W., 209.78 ft. to a 1/2" iron stake set for the northwest corner of the herein described tract; THENCE, continuing upon, over and across said 96.41 acre tract N. 89° 50' 37" E.,13.33 ft. to the PLACE OF BEGINNING. Note: The Company is prohibited from insuring the area or quantity of the land described herein. Therefore, the Company does not represent that the acreage or square footage calenlations are correct. Retereaces to quantity are for informational purposes only. will be on the usual Texas form which contains the following printed exceptions: 1. Restrictive covenants affecting the land described or referred to above. 2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments, or any overlapping of improvements. 3. Standby fees and taxes for the year 2004, and subsequent years, and subsequent assessments for prior years due to change in land usage or ownership, and that the policy to be issued on this particular transaction will contain rite following special exceptions; 4. Lien or liens created or assumed in conjunction with this trartsaction, if any, 5. Rights of parties is possession. Since Fidelity Abstract & Title Co. examines only the record title and does not actually see the property, we hereby waive inspection by Fidelity Abstract ~ Title Co. of this property and accept our policy sub jest to the rights of parties in possession. We agree that it is our responsibility to inspect said premises and to obtain possession of it from the present occupants, if any. We aclmowledge we are not relying upon any representation, statement or other assertion about the property condition or parties In possession, but arc tro}ying upon our inspection of the property. We talcc tine property under the express understanding that the title insurance agent and title insurance company have made no express or itnplied warranties. We understand the title insurance agent and title iastrrance company have determined the inswability of title solely for their own benefit. V"ery iivly yours, Kerr County r` by tit A. T ley, Kerr County Judge for Kerr Co Te:ss AFi' IDAYI'C AS TO DEBTS Alv'D LIENS TEIE STATE OF TEXAS ~ COUNTY OF KERB. GF # 040017E BEFORE ME, the undersigned authority, on this day, personally appeared the undersigned (hereinafter called Affiant) (whether one or more) and each on his oath, deposes and Bays, as follows: 1. AfFiant is the owner of the following described property, to-wit: A!1 that certain tract or parcel of land, tying and being situated to the County of-Kerr, State of Texas, being all of a certain tractor parcel of Land containing 0.14 acre, more or less, out of Anselmo Galban Sarvey No. 28, Abstract No. 148 in Kerr County, Tezas; part of a certain 96.41 acre tract conveyed from James R. Clements Jr. to Louise Cletuent Steen by a R'arranty Deed executed the 3rd day of October, 1979 and recorded in Volume 226 at Page 652 of the Deed Records of Kerr County, Texas; and being more p:rticalarly described by metes and bounds as follows: BEGI11iNING at a 1.'2" iron stake set in the east line of Bald 96.41 acre tract and west right-of-way line of Altenheim Raad (aka Hermann Sona Raad), a public road for the northeast corner of the herein described tract; vihich point bears 501 ft. North and 267 ft. East from the southerly southwest corner of 96.41 acre tract on the north bank of We Guadalupe River; THENCE, with the said east line of 96.41 acre tract and west right-oi-way line of Altenheim Road: S. 00° 06' 40" E., 329.98 ft. to a set 1/2" trop stake; S. 33° 22' 10" W., 63.41 ft. to a set 1/2" iron stake; and S. 44° 48' OS" VV., 27.66 ft. to a 1/2" tron stake set for the south corner of the herein described tract; THENCE, apon, over and across said %.41 acre tract, ail calls to set 1/2" iron stakes: N. 25° 22' S5" E., 5.29 ft.; N. 21° 26' 22" E., 32.20 it.; N. 17° 31' 19" E., 32.21 ft.; N. 13° 35` 57" E., 32.21 ft.; N. 09° 40' 11" E., 32.20 ft.; N. 05° 44' 27" E., 32.21 ft.; N. O1° 48' 29" E., 32.21 ft.; and N. 00° 09' O1" ~'V., 209.78 ft. to a 112" iron stake set far the northwest corner of the herein described tract; THENCE, continuing upon, over and across said 96.41 acre tract N. 89° 50' 37" E., 13.33 ft. to the PLACE OF BEGINNING. Note: The Company is prohibited from insuring the area or qu:ntity o[ the land described herein. Therefore, the Company does not represent that the acreage or square footage calculations are correct. Refereoc~ to quantity are far informational purposes only. 2. Affiant is desirous of selling the above described property and has requested Fidelity Abstract & Title Co., agent for United General Title Insurance Company: to issue a title policy Guarantying the title of same m Iris purchaser. 3. In :anneetion with the issuance of such policy, Affi.ant :Hakes the following statement of facts: a. That Affiant owes no past due Fcderal or State taxes and that there are no delinquent Federal assessments present]y existing against Affiant: and that no Federal or State Liens have been filed against Affiant. b. That there arc no delinquent State, County, Ciry, School District, Water District or other governmental agency taxes due or owning against said property and that no tax suit has been Filed by any State, County, Municipal Water District or other governmental agency for taxes levied against said property. c. All labor end material used in the construction of improvements or repairs, if any, on the above described property have been paid for 2nd there arc now no unpaid labor or material claims against the improvements or repairs, if any, or the property upon which same are situated, and Affiant hereby declares that all sums of money due for the erection of improvements ar repairs, if arty, have been fully paid and satisfied and there are no Mechanic's or Materiahnen's bens against the hereinabove property. d. That ao paving assessments or lien has been filed against the hereinabove described property, and Affiant owes no paving charges. C. 'That there are no judgment liens filed against Affiant. f. That there are no suits pending against Affiant in Federal or State Court. g. That Affiant knows of no adverse claim to the hereinabove described property and that so far as Affiant knows there azc no encroachments or boundary conflicts. h. That there are no outstanding borne improvements loans, recorded or unrecorded, except as follows: i. That Affiant has not heretofore sold, contracted to sell ur conveyed any part of said property other than in connection wide this sale. j. No unpaid debts for electric or plsmbing fixtures, water heaters, floor furnaces, air conditioners, radio or television antennae, carpeting, rugs, lawn sprinkling systems, venetian blinds, window shades, draperies, electric appliances, fences street paving, or any personal property or fixtures that arc Iodated on the subject property described about, and that no such items have been purchased an time payment contracts, and there are no security interests on such properly secured by financing staternonts, security agreement or otherwise except the following: Secured Party Approairnate Amount k. No loans of any kind on such property except the following: Creditor Approalmate Amount Frost National Bank $ 4. Affront recognises that but for the making of the hereinabove statements of fact relative the hereinabove described property Fidelity Abstract & Title Co. would not issue a title policy on said property and that such statements have been made as a material inducement for the issuance of such policy. U5; 1.: 1UU9 36:31 .FAX ]. t1:iU 157 191iU h_1C.e_~_ty AUStract ~. U.~L.~ C'13 WITNESS my hand on this the day of May, 2444. Roerig SWORN TO AN D SLBSCR11iED BEFORE ME, by the said .dries E. Rcerig, at Kerrville, Kerr County, Texas, this the day of May, 2404. IYUTARY PUBLIC STATE OF TEXAS THE STATE OF TEX.~S § COUNTY OF KERB § 'This instrument was aclmowledged before me on this day of May, 2004, by James E. Ruerig. NOTARY PUBLIC, STATE OF TEXAS NON-FOREIGI4T AFFIDAVIT GF#040017F STATE OF TEXAS COUNTY OF It~RR Section 1445 of the Internal Revenue Code of 1986, (the "Code"} provides that a transfer of a U.S. real property interest must withhold tax if the transferor is a foreign person. To inform the transferee that withholding of tax is not required upon the disposition of a U.S. rea[ property Interest, the undersigned hereby certifies the following on behalf of the Transferor: 1. The Transferor is not a foreign corporatfan, foreign partnership, foreign trust or foreign estate (as those terms are defined in the Code and treasury regulations promulgated pursuant thereof); 2. The Transferor's U.S. Taxpayer Identification Number is and 3. The Transferor's address is: The Transferor understands that this certificate may be disclosed to the Internal Revenue Service by the transferee and that any false statement contained herein could be punished by fine, imprisonment, or both. Under penalty of perjury, I declare that I have examined this certification and to the best of my knowledge and belief, it is true, correct and complete, and I further declare that I have authority to sign this document on behalf of the Transferor. SUBSCRIBED AND SV~'ORN TO BEFORE ME BY James E. Roerig on this day of May, 2004 , to certify which witness my hand and seal of office. Alotary Public in and for the State of Texas