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image18192MAY 20, 2013 NOTICE OF INVALIDITY OF ORAL AGREEMENTS TO: Borrower and all other Debtors, Contractors and Obligors with respect to the Loan which is identified below. 1. THE WRITTEN LOAN AGREEMENT REPRESENTS THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES. 2. As used in this Notice: "Borrower" means the Borrower identified below. "Debtor" and "Obligor" means any entity or individual who (i) is obligated to pay the Note or (ii) otherwise is or becomes obligated to pay the Loan (for example, as cosigner or guarantor) or (iii) has pledged any property as security for the Loan. "Lender" means Texas Department of Housing and Community Affairs, a public and official agency of the State of Texas. "Loan" means the loan by Lender which is to be evidenced by NSP Purchase Money Promissory Note, dated of even date herewith, executed by Borrower, payable to the order of Lender in the original principal face amount of $80,773.00 ( "Note "). "Loan Agreement" means one or more promises, promissory notes, undertakings, security agreements, deeds of trust or other documents, or commitments, or any combination of those actions or documents, relating to the Loan. 3. This Notice is given by Lender with respect to the Loan, pursuant to Section 26.02 of the Texas Business and Commerce Code. Each Borrower, Debtor, Contractor and Obligor who signs below acknowledges, represents, and warrants to Lender that Lender has given and such party has received and retained a copy of this Notice on the date stated above. BORROWER: ica Ensurer KA EN SULEMON LENDER: TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS, a public and official agency of the State of Texas By: Name: Its: Duly authorized representative TDHCANSPNOTICEPMF Page 1 of I SERVICING DISCLOSURE STATEMENT Loan Number: 77099991265B Date: MAY 20, 2013 Lender: TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS 211 EAST 11TH STREET AUSTIN, TX 78701 NOTICE TO FIRST LIEN MORTGAGE LOAN APPLICANTS: THE RIGHT TO COLLECT YOUR MORTGAGE LOAN PAYMENTS MAY BE TRANSFERRED. You are applying for a mortgage loan covered by the Real Estate Settlement Procedures Act (RESPA) (12 U.S.C. 2601 et seq.). RESPA gives you certain rights under FEDERAL law. This statement describes whether the servicing for this loan may be transferred to a different loan servicer. "Servicing" refers to collecting your principal, interest, and escrow payments, if any, as well as sending any monthly or annual statements, tracking account balances, and handling other aspects of your loan. You will be given advance notice before a transfer occurs. Servicing Transfer Information We may assign, sell, or transfer the servicing of your loan while the loan is outstanding. OR We do not service mortgage loans of the type for which you applied. We intend to assign, sell, or transfer the servicing of your mortgage loan before the first payment is due. OR The loan for which you have applied will be serviced at this financial institution and we do not intend to sell, transfer, or assign the servicing of the loan. Flood Insurance Coverage Subject to Change Disclosure: "We may assign, sell, or transfer the servicing of your mortgage loan. Your new lender /servicer may require more flood insurance coverage than the minimum amount that has been identified in your Notice of Special Flood Hazards (NSFH). The new lender /servicer may require coverage in an amount greater than the minimum, and has the right to require flood coverage at least equal to 100% of the insurable value (also known as replacement cost value) of the building(s) used as collateral to secure the loan or the maximum available under the National Flood Insurance Program (NFIP) for the particular type of building. You should review your exposure to flood damage with your insurance provider, as you may wish to increase your coverage above the minimum amount required at the time of closing your loan versus what subsequently the new lender /servicer may require." ACKNOWLEDGMENT OF MORTGAGE APPLICANT I /We have read this disclosure form, and understand its contents, as evidenced by my /our signature(s) below JAL J S1t� 87L KAREN SULEMON USRESPADISC Page I of 1 Rev. 01/16/09 Loan Number 77099991265B NAME AFFIDAVIT STATE OF TEXAS COUNTY OF WALKER BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared KAREN SULEMON (Affiant), a credible person to me well and truly known, who, having been by me first duly and lawfully sworn upon oath deposes and states: The Affiant is one and the same as KAREN ARNETT SMITHER; KAREN A. HAYWOOD; KAREN A. SMITHER; KAREN HAYWOOD; 71</vU" �5 who is obtaining a loan secured by the property located at 293 WATKINS STREET HUNTSVILLE, TX 77320 AFTER carefully reading the foregoing affidavit, the Affiant does hereby solemnly swear that the facts set forth herein are true and correct, to witness which Affiant hereunto sets hand and seal this 20TH day of MAY, 2013. c_- Qh 14_,) C Ilex/ REN SULEMON SWORN AND SUBSCRIBED byte above Affiant be ore me, the undersigned Notary Public on this day of �j (3 A.D.. My Commission Expires: .`y4��NTlIGiv����'�,. (Seal) sT47t orA�Py • • fil l h //.6 Nota ublic, WALKER County, TEXAS USNAMEAFFBI Page 1 of 1 0a7 (Notary's Name: Typed or Printed) A7,11 okt-h-vii) Date: MAY 20, 2013 Initial Escrow Account Disclosure Loan Number: 77099991265B Case Number: Lender's Name and Address: TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS 211 EAST 11TH STREET AUSTIN, TX 78701 Property Address: 293 WATKINS STREET HUNTSVILLE, TX 77320 Borrower(s): KAREN SULEMON Mailing Address: 293 WATKINS STREET HUNTSVILLE, TX 77320 This is an estimate of activity in your escrow account during the coming year based on payments anticipated to be made from your account. Month (or Period) Payments to Escrow Account Payments from Escrow Account Description Escrow Account Balance Initial Deposit: July $210.56 $421.12 $631.72 August $210.56 $842.28 September $210.56 $1,052.84 October $210.56 $1,263.40 November $210.56 $1,473.96 December $210.56 $1,684.52 January $210.56 $1,895.08 February $210.56 $2,105.64 March $210.56 $2,316.20 April $210.56 $2,526.76 May $210.56 $2,737.32 June $210.56 $529.00 Hazard Ins $2,418.88 $1,997.76 County Tax $421.12 PLEASE KEEP THIS STATEMENT FOR COMPARISON WITH THE ACTUAL ACTIVITY IN YOUR ACCOUNT AT THE END OF THE ESCROW ACCOUNTING COMPUTATION YEAR. Cushion selected by servicer: $421.12 Your mortgage payment for the coming year will be $434.93 of which $224.37 will be for principal and interest and $210.56 will go into your escrow account. KA EN SULEM N USESCDIS Page 1 of I AMf1RTI7,ATIf1N SCI— DT1T,F 5/20/2013 8:17 AM FINAL TRUTH -IN- LENDING DISCLOSURE STATEMENT LENDER OR LENDER'S AGENT: TEXAS DEPARTMENT OF HOUSING AND COMMUNITY LOAN NO.: 77099991265C AFFAIRS Type of Loan: Conventional 211 EAST 11TH STREET AUSTIN, TX 78701 BORROWER: KAREN SULEMON ADDRESS: 293 WATKINS STREET CITY /STATE /ZIP: HUNTSVILLE, TX 77320 PROPERTY: 293 WATKINS STREET, HUNTSVILLE, TX 77320 Annual Percentage Rate The cost of your credit as a yearly rate. 0% Finance Charge The dollar amount the credit will cost you. $0.00 Amount Financed The amount of credit provided to you or on your behalf. $1,720.12 Total of Payments The amount you will have paid after you have made all payments as scheduled. $1,720.12 INTEREST RATE AND PAYMENT SUMMARY Rate & Annual Payment Interest Rate 01)/0 Principal + Interest Payment $344.02 Est. Taxes + Insurance (Escrow) $0.00 Total Est. Annual Payment $344.02 Final Balloon Payment due : DEMAND FEATURE: 17 This loan does not have a Demand Feature. r, loan has a Demand Feature as follows: VARIABLE RATE FEATURE: ET This Loan has a Variable Rate Feature. Variable Rate Disclosures have been provided to you earlier. SECURITY: You are giving a security interest in the property located at: 293 WATKINS STREET, HUNTSVILLE, TX 77320 FILING / RECORDING FEES: $100.00 (e) ASSUMPTION: Somebody buying this property R cannot assume the remaining balance due under original mortgage terms r-i may assume, subject to Lender's conditions, the remaining balance due under original mortgage terms. PROPERTY INSURANCE: Borrower may purchase property hazard insurance from any insurance company acceptable to the lender. Hazard insurance r is R is not available through the lender at a cost of for a year term. LATE CHARGES: If your payment is more than 15 days late, you will be charged a late charge of 5% of the overdue payment. PREPAYMENT: If you payoff your loan early, you may R will not have to pay a penalty IT may R will not be entitled to a refund of part of the finance charge. You are not required to complete this agreement merely because you have received these disclosures or signed a loan application. There is no guarantee that you will be able to refinance to lower your rate and payments. See your contract documents for any additional information regarding non - payment, default, right to accelerate before scheduled maturity date, pre - payment refunds and penalties, and further information regarding security interests and the policy regarding assumption of the obligation. (e) appearing by a date or figure means it is an estimate. I /We hereby acknowledge reading and receiving a complete copy of this disclosure. (/lt.e,c/ dl�eGisco� KAREN SULEMON 5-7e,(3 Borrower /Date Borrower /Date Borrower /Date Borrower /Date Borrower /Date Borrower /Date DOCUMENT CORRECTION AGREEMENT LENDER: TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS, a public and official agency of the State of Texas BORROWER: KAREN SULEMON PROPERTY: 293 WATKINS STREET, HUNTSVILLE, TX 77320 DATE: MAY 20, 2013 AGREEMENT TO CORRECT MISSTATED INFORMATION OR PROVIDE ADDITIONAL nn�r rn4nrTTA TTn\I nR FFFQ• In rnncideratinn of tender disbursing funds for the closing of the Loan secured by Affidavit of Occupancy Borrower hereby certifies and acknowledges that home being purchased under the Texas Neighborhood Stabilization Program is same property described in Appraisal Report (appraisals must conform to the Uniform Relocation Act ( "URA ") requirements under 49 CFR 24.103) for 293 WATKINS STREET, HUNTSVILLE WALKER County, TX 77320 dated MAY 20, 2013. The Borrower(s) hereby certifies and acknowledges that the above reference property will be their primary residence and will be occupied within 30 days of closing the mortgage loan. MAY 20, 2013 KAREN SULEMON 293 WATKINS STREET HUNTSVILLE, TX 77320 Re: Loan Number 77099991265C Dear KAREN SULEMON: - Borrower - Borrower Please give this letter to borrower at closing. The Texas Department of Housing and Community Affairs would like to welcome you as a new customer. Your first payment on your mortgage loan will be due JUNE 01, 2014. Please use the temporary coupon attached below when mailing your first payment. Your loan may include an escrow account, which is used to pay your taxes and insurance. Annually, we will analyze the escrow account, and your payment may be adjusted accordingly. If, for example, your property taxes increase, your payment may also increase. At the end of each year, the Department will send you an annual statement for your records. This information will also be transmitted to the Internal Revenue Service for income tax purposes. If you have any questions or concerns regarding your mortgage loan, please don't hesitate to contact us at the number listed below. We look forward to servicing your mortgage loan. Texas Department of Housing and Community Affairs If by mail: P.O. Box 13941, Austin, Texas 78711 -3941 If by overnight delivery service: 221 E. 11th Street, Austin, Texas 78701 Toll Free: 800.298.4013 FAX Number: 512.472.7500 CUT HERE FOR FIRST PAYMENT COUPON Mail to: Texas Department of Housing and Community Affairs P.O. Box 13245 -C3 Austin, Texas 78711 -3245 Loan Number: 77099991265C MAY 20, 2013 NOTICE OF INVALIDITY OF ORAL AGREEMENTS TO: Borrower and all other Debtors, Contractors and Obligors with respect to the Loan which is identified below. 1. THE WRITTEN LOAN AGREEMENT REPRESENTS THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. mrrr�T r-. • TT wr, r♦w)r• ,n rmm TwT •■■ • r • /'rnT T w .•r w,TC' ilTT11777Tw1 T1117 T • r1 T• G` TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS Texas Neighborhood Stabilization Program (NSP) (Homebuyer Assistance) DUE ON SALE /AFFORDABILITY PROVISION On this date the undersigned Borrower has executed a NSP Subordinate Deed of Trust ( "Deed of Trust") on the following property to secure a NSP Deferred Forgivable Subordinate Lien Note (HBA) ( "Note ") in the amount of $1,720.12 of even date to the Texas Department of Housing and Community Affairs, a public and official agency of the State of Texas ( "Lender "), to -wit: SEE EXHIBIT A ATTACHED HERETO AND INCORPORATED HEREIN FOR ALL PURPOSES. Whereas, said Deed of Trust and Note contain federal HOME Program due on sale clauses and affordability requirement provisions under 24 CFR Section 92.254 associated with and as adopted by the Texas NSP Homebuyer Assistance Program loan. 1 /We, the undersigned Borrower, hereby acknowledge(s) the following: "The due on sale provisions and the affordability requirements contained therein have been explained to me /us and 1 /we fully understand these provisions. I /we further understand that the loan is being made to me /us based upon my /our assurance that I /we will live in the house on the Property, as my /our principal place of residence for a period of 5, (JUNE 01, 2018) years and repay the loan to the Lender according to the terms of the Note and Deed of Trust and that if I /we should sell or move from the Property prior to the end of 5 (JUNE 01, 2018) year period, the balance of the Note, including interest (if applicable), will become immediately due and payable to Lender. I /We further acknowledge that the resale and recapture calculation examples have been explained to me /us and that I /we understand the calculations and the circumstances under which the due on sale will be triggered. I /We also acknowledge that, I /we understand that it is my /our responsibility to recertify to the Lender that I /we am /are still residing in the house on the Property as my /our principal residence." EXECUTED thi'day of , 20 1. BORROWER: By: Name: KAREN SULE ON Title: By: Name: Title: TDHCANSPDUEONSALEHBA Page 1 of I By: Name: Title: By: Name: Title: SERVICING DISCLOSURE STATEMENT Loan Number: 77099991265C Date: MAY 20, 2013 Lender: TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS 211 EAST 11TH STREET AUSTIN, TX 78701 NOTICE TO FIRST LIEN MORTGAGE LOAN APPLICANTS: THE RIGHT TO COLLECT YOUR MORTGAGE LOAN PAYMENTS MAY BE TRANSFERRED. You are applying for a mortgage loan covered by the Real Estate Settlement Procedures Act (RESPA) (12 U.S.C. 2601 et seq.). RESPA gives you certain rights under FEDERAL law. This statement describes whether the servicing for this loan may be transferred to a different loan servicer. "Servicing" refers to collecting your principal, interest, and escrow payments, if any, as well as sending any monthly or annual statements, tracking account balances, and handling other aspects of your loan. You will be given advance notice before a transfer occurs. Servicing Transfer Information We may assign, sell, or transfer the servicing of your loan while the loan is outstanding. OR We do not service mortgage loans of the type for which you applied. We intend to assign, sell, or transfer the servicing of your mortgage loan before the first payment is due. OR The loan for which you have applied will be serviced at this financial institution and we do not intend to sell, transfer, or assign the servicing of the loan. Flood Insurance Coverage Subject to Change Disclosure: "We may assign, sell, or transfer the servicing of your mortgage loan. Your new lender /servicer may require more flood insurance coverage than the minimum amount that has been identified in your Notice of Special Flood Hazards (NSFH). The new lender /servicer may require coverage in an amount greater than the minimum, and has the right to require flood coverage at least equal to 100% of the insurable value (also known as replacement cost value) of the building(s) used as collateral to secure the loan or the maximum available under the National Flood Insurance Program (NFIP) for the particular type of building. You should review your exposure to flood damage with your insurance provider, as you may wish to increase your coverage above the minimum amount required at the time of closing your loan versus what subsequently the new lender /servicer may require." ACKNOWLEDGMENT OF MORTGAGE APPLICANT I /We have read this disclosure form, and understand its contents, as evidenced by my /our signature(s) below USRESPADISC Page 1 of I Rev. 01/16/09 Loan Number 770999912650 NAME AFFIDAVIT STATE OF TEXAS COUNTY OF WALKER BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared KAREN SULEMON (Affiant), a credible person to me well and truly known, who, having been by me first duly and lawfully sworn upon oath deposes and states: The Affiant is one and the same as KAREN ARNETT SMITHER; KAREN A. HAYWOOD; KAREN A. SMITHER; KAREN HAYWOOD; `,, ,} •(� ,11 • S ITHER �C?IlC2 �'C/drabl �`i i" who is obtaining a loan secured by the property located at 293 WATKINS STREET HUNTSVILLE, TX 77320 AFTER carefully reading the foregoing affidavit, the Affiant does hereby solemnly swear that the facts set forth herein are true and correct, to witness which Affiant hereunto sets hand and seal this 20TH day of MAY, 2013. C1'/t- tr")(.._ J REN SULEMON SWORN AND SUBSCRIBED by the above Affiant before me, the undersigned Notary Public on this C) day of "2'21(E A.D.. My Commission Expires: /((- 4)7 (Seal) \►►►►►►�iuuo��i�i ��pV ANN Ty /i,,� : s ‘4:9:1/4'7;44:‘ F tlf� ► ► ®������� �1ti/ Notary 'ublic, , USNAMEAFFB1 Page 1 of 1 /it ALKER County, TEXAS 04-9 AA/ c ?., '-/0 z (Notary's Name: Typed or Printed) NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOIVIAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FRO' INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS von FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR 'u'( DRIVER'S LICENSE NUMBER. t'' 4 GENERAL WARRANTY DEED WITH VENDOR'S LIEN er (WITH SUBORDINATE VENDOR'S LIEN) '16" r m Cli La KNOW ALL MEN BY THESE PRESENTS: egt THE STATE OF TEXAS COUNTY OF WALKER THAT CITY OF HUNTSVILLE, hereinafter called "GRANTOR" (whether one or more), for and in consideration of the sum of TEN AND NO /100 DOLLARS ($10.00) cash and other good and valuable consideration to GRANTOR in hand paid by, KAREN SULEMON, A SINGLE PERSON, whose mailing address is 293 WATKINS STREET, HUNTSVILLE, TX 77320, hereinafter called "GRANTEE" (whether one or more), the receipt and sufficiency of which are hereby acknowledged, and for the further consideration of the sum paid to GRANTOR by TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS, hereinafter called FIRST -LIEN BENEFICIARY, at the special instance and request of GRANTEE, the receipt and sufficiency of which sum, being in the amount of Eighty Thousand Seven Hundred Seventy -Three And No /100 Dollars ($80,773.00), is hereby acknowledged and confessed; and as evidence of such advancement, GRANTEE has executed GRANTEE'S note of even date herewith for such amount payable to the order of FIRST -LIEN BENEFICIARY, said note payable as provided therein; and the payment of said note is secured by a vendor's lien reserved herein and is additionally secured by a deed of trust of even date with said note, executed by GRANTEE to TIMOTHY K. IRVINE, TRUSTEE, reference to which deed of trust is hereby made for all purposes; and in consideration of the payment by FIRST -LIEN BENEFICIARY of the sum specified in said deed of trust, GRANTOR hereby transfers, sets over, assigns, and conveys unto FIRST -LIEN BENEFICIARY and its assigns a vendor' s lien and superior title retained and reserved herein against the property and premises conveyed herein in the same manner and to the same extent as if said note had been executed in GRANTOR'S favor and assigned by GRANTOR to FIRST -LIEN BENEFICIARY without recourse; and GRANTOR has GRANTED, SOLD, and CONVEYED, and by these presents does GRANT, SELL, and CONVEY unto said GRANTEE, the following described property, to -wit: SEE EXHIBIT A ATTACHED HERETO AND INCORPORATED HEREIN FOR ALL PURPOSES. TO HAVE AND TO HOLD the above - described premises, together with, all and singular, the rights and appurtenances thereunto in anywise belonging unto said GRANTEE and GRANTEE'S heirs and assigns forever. GRANTOR does hereby bind GRANTOR and GRANTOR'S heirs, executors, and administrators to warrant and forever defend, all and singular, the said premises unto the said GRANTEE and GRANTEE'S heirs and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof. Taxes of every nature for the current year have been prorated and are assumed by GRANTEE. This conveyance is made subject to, all and singular, the restrictions, mineral reservations, royalties, easements, and covenants, if any, applicable to and enforceable against the above - described property as reflected by the records of the County Clerk of the aforesaid County. GRANTOR and GRANTEE also acknowledge the retention of a second, subordinate and separate vendor's lien, and GRANTOR hereby transfers the same to TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS, hereafter called "SECOND -LIEN BENEFICIARY ", which lien secures GRANTEE'S certain other note of even date to SECOND -LIEN BENEFICIARY in the amount of One Thousand Seven Hundred Twenty And Twelve /100 Dollars ($1,720.12), being further consideration paid to GRANTOR, as more particularly described in deed of trust of even date herewith to TIMOTHY K. IRVINE, TRUSTEE. But it is expressly agreed and stipulated that the vendor's lien and superior title are retained in favor of the FIRST -LIEN BENEFICIARY and SECOND -LIEN BENEFICIARY, respectively, against the above described property, premises and improvements, until each of the above respective notes is fully paid according to its terms, when this deed shall become absolute. When this deed is executed by more than one person, or when the GRANTOR or GRANTEE is more than one person, the instrument shall read as though pertinent verbs and pronouns were changed to correspond; and when executed by or to a corporation, the words "heirs, executors, and administrators" or "heirs and assigns" shall be construed to mean "successors and assigns." DATED this 20TH day of MAY, 2013. CITY OF HUNTSVILLE BY: NAME: TITLE: Matt Benoit City Manager TDHCA2NDGENWARDEED2NDWCOM Page 1 oft 1 THE STATE OF TEXAS COUNTY OF WALKER This instrument was acknowledged before me on the by _. THE STATE OF TEXAS COUNTY OF WALKER (Acknowledgme My commission expires This instrument was acknowledged before me on the by THE STATE OF TEXAS COUNTY OF WALKER Notary Public, State of Printed Name: (Acknowledgment) day of My commission expires This instrument was acknowledged before me on the by THE STATE OF TEXAS COUNTY OF WALKER Notary Public, State of Printed Name: (Acknowledgment) day of My commission expires Notary Public, State of Printed Name: (Acknowledgment) This instrument was acknowledged before me on the day of by THE STATE OF TEXAS COUNTY OF WALKER My commission expires Notary Public, State of Printed Name: (Corporate/Entity Acknowledgment) Thi instrument was acknowledged before me on the day of by fit i;t e. 2iLcr -c_: -- of a f" , on behalf of said 0,i7,1 P - /'2 /V My commission expires a� 4t,e gtt Notary Public, State of J74/4/ 446077 Name: AFTER RECORDING RETURN TO: KAREN SULEMON 293 WATKINS STREET HUNTSVILLE, TX 77320 Re: 293 WATKINS STREET, HUNTSVILLE, TX 77320 TDHCA2NDGENWARDEED2NDWCOM Page 2 of 2 M.E'I'ES AND 130UN.DS.1)1 SC.R.IPTION of 293 Watkins Ro[u1, Huntsville, Texas Being a 0.1628 of an acre (7,090 square :feet) tract gland located in the Pleasant Gray League, Abstract 24, Walker County, Texas and being all of those certain tracts of .land) described in Volume 2.10, Page 518 and. Volume 315;'.Page 465 of the Deed Records of Walker County, Texas (D.R.W,C.T.); said 0.1628 of an :acre of land 'being more parti.ctilarly described by:Metes .and bounds as follows: BEGINNING at a fend 1/2 -ineh iron .rod found in the west line of that certain tract of land conveyed to .Willie and Diann \Vilmore'by deed recorded in Volume 526, .Page 55 of said Deed Records, being in the southerly occupied. line of Watkins Road. (Width 'varies) (no record information .found); THENCE, South 00 °23'48" East, a ilistancetof 50 .'00 feet, (called South 00 °25'40" East, 50.00 .feet) along the westerly line of said Wilmore tract, to a fel a: 1/2 -inch iron rod for the northeast corner of that certain tract of land 'convey ?o Rentlie Edwards by deed recorded. in Volume 16.9, Page 33,1 of said Deed Records; THENCE, North 82 °38'30" West, a distance of 155,71 feet, (called North 82 °39'07" West) along the north line of said Edwards tract, at a'distance of 106.68' feet :passing rt found 1/2 -inch iron pipe .found for the northwest corner Of said Edwards tract, and continuing to a set 5/8 -inch iron rod with "GS" cap set in the easterly line of that certain tract of hind conveyed to Mineola Crooks, by deed recorded in Volume 159, Page 521 of:sai.d. Deed Records; THENCE, North 23 °29'34" East, a distance of 50.00 feet, along the easterly line of said Crooks tract to a set 5/8 -inch iron rod with "GS" cap in the soutlier.ly line of Watkins Road; THENCE, South 83 °1.6'5.9 + ast, a distance of 1.35,08 feet (called Soutar 82°39'07" East), along the southerly line o:f Watkins .Road to the.Point:of.I3eginning and containing, 0.1628 of an acre (7,090 square feet) traet of land. Horizontal Control is based on holding City of. 'Huntsville Monuments No. 69,1 1 .(grid coordinate of North = 10,261,018.90 &.East= 3,802,182.55.) and 7.1:20 (grid coordinate of North = 10,260,833.15 & East= 3;802,182,77). :Bearings. described are related. to the Texas Coordinate System of 19.83, Central. Zone.: Distances Shown 'are US 'Survey Feet in "Field horizontal" units and may be converted to "GRID" Emits by multiplying by. a combined scale factor of 0,99988. Plat of even date accompanies this description. Prepared by: GeoSolutions; LLC 25814 Buckle. Road Spring, Texas Tel, 281-68.1 -9766 Job No. 12- -249 -030 EXHIBIT "A" PAGE OF J LEGEND • 0 9 0 (1'1 FOUND MONUMENTATION (TYPE NOTED) SET S /8" IRON ROD WITH "GS" CAP WATER METER WATER VALVE AIR CONDITIONER ---E -- -// — D.R.W.C,T, O.P.R.W,C,T. P,R.W.C.T. POWER POLE CLEAN OUT INDICATES CALLED BEARING AND DISTANCE BASED ON VOL. 997, PG. 614 0.P.R.W.C.T. _ DEED LINE FOR VOL, 210, PG. 518 AND VOL. 315, PG, 465 D.R.W.C.T. -- DEED LINE FOR VOL. 997. PG. 614 0.P.R.W.C.T. POWER LINES FENCE (TYPE AND SIZE NOTED) DEED RECORDS WALKER COUNTY, TEXAS OFFICIAL PUBUC RECORDS WALKER COUNTY. TEXAS PLAT RECORDS OF WALKER COUNTY. TEXAS a 15 30 60 SCALE: 1" 30' 1 /2 "IP BEARS 1/21P ■60V3'W, NO1 '44'21 "W 55.10' DASHED LINE IS THE 1 /2 .7P SURVEYED BOUNDARY LINE PREPARED 8Y JARROD ANTLEY DATED MARCH 31, 2011 . MINEOLA CROOKS 1/21P (BENT VOL. 159, PC. 521 CROSS — HATCHED AREA IS AN OVERLAP OF VOL, 210, PG, 518 D. R. W. C. T. HOG WIRE FENCE WAR /ABLE Ro, E '710 TH AND RECORDING INrCRUA T /pN oU a A HALT PAkE4ENT s8:37659,, (S82:39 '07 "E 111 00' 8, 0.7528 ACRES 7,090 Q. PTA o 01 10.46' 7/2•IP 5.0' (LEANING) 106, 68 NO DEED OF RECORD FOUND N82038,3 YV N82"39'0i•,.W SU ' ' Y REVIEWED A PTED Date: 5";,e0 /3 DOT --- HATCHED AREA NOT COVERED BY CITY OF HUNTSVILLE DEED OR SURVEY PREPARED BY JARRO© ANTLEY DATED MARCH .31, 2 011 (APPROXIMATELY 1,362 SQ. FT.) SURVEYOR'S CERTIFICATE I hereby certify to The City of Huntsville that this survey was made on the ground and completed on November 26, 2012 that this drawing correctly represents the facts found at the time of survey and that this professional service substantially conforms to the current Texas Society of Professional Surveyors Standards and Specifications for a Cotegory 18, Condition II Sur eY. r'y Chru'(zczak R.P.L.S. No. 4968 NOTES: 1. This survey was prepored without the benefit of a title commitment. 777 0�� 1 /2I1? DASHED LINE BY VOL. 210, PG, 518 D. R. W. C. T. c3c VOL. 315, PG. 465 D. R. W. C, T. RENDIE . 'WARDS G�� VOL. 169, PC. 334 D.R.W.C.T. 2. Horizontal Control is based on holding City of Huntsville Monuments No, 6914 (grid coordinate of North = 10,251.018.90 & East= 3,802.182.55) and 7120 (grid coordinate of North - 10,260.833.15 & East. 3,802.162.77). Bearings described are reloted to the Texas Coordinate System of 1983, Central Zone. Distances shown are US Survey Feet in "Field Horizontal" units and may be converted to "GRID" units by multiplying by a combined scale factor of 0.99988. 3. Square footage totals shown hereon are based on mathematical closures and do not necessarily represent the positional occuracy of the boundary manument.otion. 4. A description of even dote accompanies this plot, Ale; T MARY E. CHRUSZCZAK . ...4968 w •.. Y .,+0¢ tt �'t • .NpSURN, 293 WATKINS ROAD 0.1628 ACRE SURVEY SITUATED IN THE CITY OF HUNTSVILLE AND IN THE P. GRAY LEAGUE, A -24 IN WALKER COUNTY, TEXAS 25814 Budde Rood Spring, Texas 77380 Phone: 281- 681 -9766 Fox: 281 -681 -9779 wn+kw sr. SMC Dole 12/05/12 C.eeketl By. t3W e N/A See* 1 "ffi 30' Propel Na 12- 249 -030 O.ew.q Nom. WATKINS.DWG AtM N/A METES AND BOUNDS DESCRIPTION of 293 Watkins Road, Huntsville, Texas Being a 0.1628 of an acre (7,090 square feet) tract of land located in the Pleasant Gray League, Abstract 24, Walker County, Texas and being all of those certain tracts of land described in Volume 210, Page 518 and Volume 315, Page 465 Odle Deed Records of Walker County, Texas (D.R.W.C.T.); said 0.1628 of an acre of land being more particularly described by:metes and bounds as follows: BEGINNING at a found I/2 -inch iron rod found in the west line of that certain tract of land conveyed to Willie and Diann Wilmore by deed recorded in Volume 526, Page 55 of said Deed Records, being in the southerly occupied line of Watkins Road (width varies) (no record information found); THENCE, South 00 °23'48" East, a distance of 50.00 feet, (called South 00 °25'40" East, 50.00 feet) along the westerly line of said Wilmore tract, to a found 1/2 -inch iron rod for the northeast corner of that certain tract of land convey to Rendie Edwards by deed recorded in Volume 169, Page 334 of said Deed Records; THENCE, North 82 °38'30" West, a distance of 155.71 feet, (called North 82 °39'07" West) along the north line of said Edwards tract, at a distance of. 106.68 feet passing a found 1/2 -inch iron pipe found for the northwest corner of said Edwards tract, and continuing to a set 5/8 -inch iron rod with "GS" cap set in the easterly line of that certain tract of land conveyed to Mineola Crooks, by deed recorded in Volume 159, Page 521 of said Deed Records; THENCE, North 23 °29'34" East, a distance of 50.00 feet, along the easterly line of said Crooks tract to a set 5/8 -inch iron rod with "GS" cap in the southerly line of Watkins Road; THENCE, South 83 °16'59" East, a distance of 135.08 feet (called South 82 °39'07" East), along the southerly line of Watkins Road to the Point of Beginning and containing. 0.1628 of an acre (7,090 square feet) tract of land. Horizontal Control is based on holding City of Huntsville Monuments No. 6914 (grid coordinate of North = 10,261,018.90 & East= 3,802,182.55) and 7120 (grid coordinate of North = 10,260,833.15 & East= 3,802,02.77). Bearings described are related to the Texas Coordinate System of 1983, Central Zone. Distances shown are US Survey Feet in "Field Horizontal" Units and may be converted to "GRID" units by multiplying by a combined scale factor of 0.99988. Plat of even date accompanies this description. Prepared by: GeoSolutions, LLC 25814 Buckle Road Spring, Texas Tel. 281-681-9766 Job No. 12 -249 -030 GF #: 201302207 Closing Date: 5/20/2013 Seller: City of Huntsville Buyer: Karen Sulemon Legal: Pleasant Gray League (0.1628 acres), Abstract #24; Lot 46, Woodlawn East CLOSER: Judy Thornton WALKER COUNTY TITLE COMPANY 1109 University Avenue Huntsville, Texas 77340 Gentlemen: This is to confirm that Judy Thornton is the closer on the above referenced transaction and that the undersigned were made aware of the fact that said Closer is not an attorney. Said closer did not discuss, nor explain, nor interpret any of the legal documentation for any of the closing. Closer merely presented documentation to the undersigned for all signatures and made no representations to the effect of said legal documentation or other documents used in connection with said closing. Closer made no representation concerning city or governmental zoning or use ordinances, statutes or regulations and made no statements or representation concerning the merchantability of the property or fitness for any contemplated use by the Buyer. Buyer acknowledges Closer did not make any comments, statements, explanations or representations concerning arbitration or any arbitration provisions of the title policy(ies). The Buyer and Seller acknowledge that any survey, Wood Destroying Insect Report (or like report) and /or Property Condition /Inspection Report have been ordered by persons other than Closer or any representative and /or employee of Walker County Title Company and that Closer has made no statements, interpretations and /or representation concerning the survey, Wood Destroying Insect Report (or similar report) and /or Property Condition /inspection Report furnished for this transaction. SELLERS: City of Huntsville By: Matt Benoit, City Manager PURCHASERS: ren Sulemon TO BE FILLED IN PERSONALLY BY SELLER OR BORROWER IN HIS OWN HANDWRITING INDEMNITY AND AFFIDAVIT AS TO DEBTS, LIENS AND POSSESSION USE SEPARATE FORM FOR EACH PARTY File Number: 201302207 SUBJECT PROPERTY: Pleasant Gray League (0.1628 acres), Abstract #24; Lot 46, Woodlawn East STATE OF Texas COUNTY OF Walker Before me, the undersigned authority on this day personally appeared City of Huntsville Seller or Owner - Borrower* or Contractor (if new construction) personally known to me to be the person whose name is subscribed hereto and upon his oath deposes and says that no proceedings in bankruptcy or receivership have been instituted by or against him and that the marital status of affiant has not changed since the day of acquisition of said property and represents to the purchaser and /or Lender in this transaction that there are: 1. No unpaid debts for plumbing 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 are located on the subject property described above, and that no such items have been purchased on time payment contracts, and there are no security interests on such property secured by financing statement, security agreement or otherwise except the following: ecured Party Approximate Amount 2. No loans or liens (inc uding Federal or' State Liens and Judgment Liens) and no unpaid governmental or association taxes or assessments of any kind on such property except the following: /Vreditor Approximate Amount „6-Nt 3. All labor and material used in the construction of improvements on the above described property have been paid for and there are now no unpaid labor or material claims against the improvements or the property upon which same are situated, and I hereby declare that all sums of money due for the erection of improvements have been fully paid and satisfied. 4. No parties are in posse3si\o,p ther than affiant, except as follows: *To be filled in if a salt* -- The Seller is not a non - resident alien, foreign corporation, foreign partnership, foreign trust, foreign estate or other foreign entity (as defined in the Internal Revenue Code and Income Tax Regulations). Seller's U.S. employer identification number (or social security number) is: . Seller's address (office address, if seller is an entity; home address if seller is an individual) is: . This affidavit may be disclosed to the Internal Revenue Service and is furnished to Buyer to inform Buyer that withholding of tax is not required under Section 1445 of the Internal Revenue Code. INDEMNITY: I AGREE TO PAY ON DEMAND TO THE PURCHASERS AND /OR LENDER IN TI -IIS TRANSACTION, THEIR SUCCESSORS AND ASSIGNS, ALL AMOUNTS SECURED BY ANY AND ALL LIENS NOT SHOWN ABOVE, TOGETHER WITH ALL COSTS, LOSS AND ATTORNEY'S FEES '1I-IAT SAID PARTIES MAY INCUR IN CONNECTION WITH SUCH UNMENTIONED LIENS, PROVIDED SAID LIENS EITHER CURRENTLY APPLY TO SUCH PROPERTY, OR A PART THEREOF, OR ARE SUBSEQUENTLY ESTABLISHED AGAINST SAID PROPERTY AND ARE CREATED BY ME, KNOWN BY ME, OR HAVE AN INCEPTION DATE PRIOR TO THE CONSUMMATION OF THIS TRANSACTION. I realize that the purchaser and /or Lender in this transaction are relying on the representations contained herein in purchasing same or lending money thereon and would not purchase same or lend money thereon unless said representations were made. If Seller or Borrower is an entity, I have authority to sign on its behalf. City of Huntsville By: Matt Benoit, City Manager Sworn to and subscribed before me this e74 day of , A.D., 2013. Notary Public in and for the State of Texas *Note: This form is to be filled in and signed by seller in case of sale. If no sale, it is to be filled in and signed by the owner - borrowcr. If there is any new construction, the contractor must also join in this form or till in and sign a separate one. *If seller is a non - resident alien, foreign corporation, etc., call your manager or Legal Department. NOTE TO BUYER: Buyer must retain until end of fifth taxable year following taxable year of transfer and must file with the Internal Revenue Service if required by regulation or otherwise. Revised 9 -92 WAIVER OF INSPECTION AND DISCLOSURE TO OWNER TO: Stewart Title Guaranty Company ( "Title Insurer ") Walker County Title Company ( "The Company ") RE: City of Huntsville to Karen Sulemon File Number: GF 201302207 Land: Pleasant Gray League (0.1628 acres), Abstract #24; Lot 46, Woodlawn East 1. Waiver of Inspection You may refuse to accept an exception to the Owner's Policy for "Rights of Parties in Possession." "Rights of Parties in Possession" shall mean one or more persons or entities who are themselves actually physically occupying the property or a portion thereof under a claim or right adverse to the insured owner of the property as shown in Schedule A of the Policy. The Company may require an inspection of the property and an additional charge may be assessed for reasonable and actual costs of such an inspection. The Company may make additional Exceptions for matters the inspection reveals. If you do not delete this paragraph, you consent to this Exception and waive inspection of the land. YOU MAY REFUSE TO ACCEPT THIS EXCEPTION BY MARKING OUT THIS PARAGRAPH 1. 2. Receipt of Commitment You acknowledge having received and reviewed a copy of the Title Commitment issued in connection with this transaction. You understand that your Owner Policy will contain the Exceptions set forth in Schedule B of the Commitment, and any additional Exceptions to title resulting from the documents involved in this transaction, and any additional Exceptions reflected by an exhibit attached hereto. 3. Survey You may request amendment of the "Area and Boundary Exception" to read "Shortages in Area." The Area and Boundary Exceptions is as follows: "Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments, or protrusions, or any overlapping of improvements." You must furnish a current survey. The survey must be acceptable to the Company. You also must pay an additional premium equal to 15% of the basic premium charge. The Company may make additional exceptions for items shown on the survey. YOU MAY REQUIRE AMENDMENT OF THE AREA AND BOUNDARY EXCEPTION BY MARKING OUT THIS PARAGRAPH 3. AND BY COMPLYING WITH ITS PROVISIONS BEFORE COMPLETION OF THIS CLOSING. 4. Arbitration This paragraph does not apply to the Residential Owner Policy (T -1R). The parties must later agree to arbitrate under the Residential Owner Policy (T -1R). You may require deletion of the arbitration provision of the Owner Policy. If you do not delete this provision, either you or the Company may require arbitration, if the law allows. There is no charge to delete this provision. IF YOUR POLICY IS NOT A TEXAS RESIDENTIAL OWNER POLICY (T -1R), YOU MAY REQUIRE DELETION OF THE ARBITRATION PROVISION BY MARKING OUT THIS PARAGRAPH 4. 5. Notice You may wish to consult an attorney to discuss matters shown in Schedule B or C of the Commitment. These matters will affect your title and use of your land. Your Title Insurance Policy will be a legal contract between you and the Titled Insurer. The Commitment and Policy are not abstracts of title, title reports or representations of title. They are contracts of indemnity. We do not represent that your intended use of the property is allowed under the law or under the restrictions or exceptions affecting your property. Date: May 20, 2013 . Signature: Karen Sulemon