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Title Committment - 121 Avenue D74) THE FOLLOWING COMMITMENT FOR TITLE INSURANCE IS NOT VALID UNLESS YOUR NAME AND THE POLICY AMOUNT ARE SHOWN IN SCHEDULE A, AND OUR AUTHORIZED REPRESENTATIVE HAS COUNTERSIGNED BELOW. COMMITMENT FOR TITLE INSURANCE 201108786 ISSUED BY FIDELITY NATIONAL TITLE INSURANCE COMPANY We, Fidelity National Title Insurance Company, will issue our title insurance policy or policies (the Policy) to You (the proposed insured) upon payment of the premium and other charges due, and compliance with the requirements in Schedule B and Schedule C. Our Policy will be in the form approved by the Texas Department of Insurance at the date of issuance, and will insure your interest in the land described in Schedule A. The estimated premium for our Policy and applicable endorsements is shown on Schedule D. There may be additional charges such as recording fees, and expedited delivery expenses. This Commitment ends ninety (90) days from the effective date, unless the Policy is issued sooner, or failure to issue the Policy is our fault. Our liability and obligations to you are under the express terms of this Commitment and end when this Commitment expires. TX0311 201108786 Walker County Title Company 1 109 University Ave Huntsville , TX 77340 Tel: (936) 295 -8173 Fax: (936) 295 -0371 Authorized Signature Fidelity National Title Insurance Company 13y: A I S'r President Secretary CONDITIONS AND STIPULATIONS 1. If you have actual knowledge of any matter which may affect the title or mortgage covered by this Commitment, that is not shown in Schedule B, you must notify us in writing. If you do not notify us in writing, our liability to you is ended or reduced to the extent that your failure to notify us affects our liability. If you do notify us, or we learn of such matter, we may amend Schedule B, but we will not be relieved of liability already incurred. 2. Our liability is only to you, and others who are included in the definition of Insured in the Policy to be issued. Our liability is only for actual loss incurred in your reliance on this Commitment to comply with its requirements or to acquire the interest in the land. Our liability is limited to the amount shown in Schedule A of this Commitment and will be subject to the following terms of the Policy: Insuring Provisions, Conditions and Stipulations, and Exclusions. Form No 27C13443 (11/2009) Commitment For Title Insurance (T -7) Fidelity National Title Insurance Company Form T -7: Commitment for Title Insurance SCHEDULE A Form Prescribed by Texas Department of Insurance File 201108786 Effective Date of Commitment: February 3, 2012at 8:00 a.m. Issued: February 14, 2012 at 8:00 a.m. 1 The policy or policies to be issued are: a. OWNER'S POLICY OF TITLE INSURANCE (Form T -1 ) (Not applicable for improved one -to -four family residential real estate) Policy Amount: PROPOSED INSURED: b. TEXAS RESIDENTIAL OWNER'S POLICY OF TITLE INSURANCE -- ONE -TO -FOUR FAMILY RESIDENCES (Form T -1 R) Policy Amount: PROPOSED INSURED: City of Huntsville c. LOAN POLICY OF TITLE INSURANCE (Form T -2) Policy Amount: PROPOSED INSURED: Proposed Borrower: City of Huntsville d. TEXAS SHORT FORM RESIDENTIAL LOAN POLICY OF TITLE INSURANCE (Form T -2R) Policy Amount: 2. The interest in the land covered by this Commitment is: Fee Simple 3. Record title to the land on the Effective Date appears to be vested in: CITY OF HUNTSVILLE (Vesting Deed dated September 29, 2010 from William Harold Vann, Fannie Earline Vann ,Vann G. Hawkins, Sr. and Lorrissa R. Lincoln to City of Huntsville, recorded in Volume 955, Page 720 of the Official Public Records, Walker County, Texas) 4. Legal description of land: BEING 0.196 of an acre of land, more or less, situated in the P. GRAY LEAGUE, A -24, Walker County, Texas and being all of LOT THREE (3), VANN- JOHNSON SUBDIVISION, a subdivision in City of Huntsville, according to the map or plat thereof recorded in Volume 5, Page 81 of the Plat Records, Walker County, Texas, and being more particularly described by metes and bounds on Exhibit "A" attached hereto and made a part hereof. NOTE: The Company is prohibited from Insuring the area or quantity of land described herein. Any statement in the above legal description of the area or quantity of land is not a representation that such area or quantity is correct, but is made only for informational and /or identification purposes and does not override Item 2 of Schedule B hereof. Schedule A of this Commitment consists of 1 page(s) METES AND BOUNDS DESCRIPTION of Lot 3 of Vann - Johnson Snbdivision,'Huntsville, Texas Being a 0.196 of an acre (8,559 square feet) tract of land located in the Pleasant Gray League, Abstract 24, Walker County, Texas and being all of Lot 3 of the Vann- Johnson Subdivision, as recorded in Volume 5, Page 81 of the Plat Records of Walker County, Texas (P.R.W.C.T.) same being a portion of that certain called 1.17 acre tract of land conveyed to the City of Huntsville by deed and recorded in Volume 955, Page 720 of Official Public Records of Walker County, Texas (O.P.R.W.C.T.); said 0.196 of an acre of land being more particularly described by metes and bounds as follows: BEGINNING at a point in the westerly line of that certain called 50' Road as recorded in Volume 85, Page 161 of Deed Records of Walker County, Texas (D.R.W.C.), being the northeasterly corner of Lot 2 of said Vann - Johnson Subdivision, same being the southeasterly corner of said Lot 3, and being in the easterly line of said 1.17 acre tract, from which a found 5/8- inch iron rod with cap bears South 57 °23' West, 0.42 feet; THENCE, South 87 °24'13" West, a distance of 150.16 feet, along the northerly line of said Lot 2, being the southerly line of said Lot 3 to a found 5/8 -inch iron rod with cap in the easterly line of that certain called 0.21 acre tract of land conveyed to Betty Randel by deed and recorded in Volume 94, page 180 of said Deed Records, being the northwesterly corner of said Lot 2, same being the southwesterly Lot 3, and being in the westerly line of said 1.17 acre tract; • THENCE, North 02 °35'47" West, a distance of 57.00 feet, along the easterly line of said 0.21 acre tract, being the westerly line of said Lot 3 and said 1.17 acre tract to a found 5/8 -inch iron rod with cap at the southwesterly corner of Lot 4 of said Vann - Johnson Subdivision, being the northwesterly corner of said Lot 3; THENCE, North 87 °24'13" East, a distance of 150.16 feet, along the southerly line of said Lot 4, being the northerly line of said Lot 3 to a found 5/8 -inch iron red with cap in the westerly line of said 50' Road, being the southeasterly corner of said Lot 4, same being the northeasterly corner of said Lot 3, and being in the easterly line of said 1.17 acre tract; THENCE, South 02 °35'47" East, n distance of 57.00 feet, along the westerly line of said 50' Road, being the easterly line of said Lot 3 and said 1,17 acre tract to the Point of Beginning and containing 0,196 of an acre of land. Horizontal Control is based 011 holding City of Huntsville Monuments No. 7574 (grid coordinate of North = 10,262,485.31 & East= 3,802,009.473) and 7575 (grid coordinate of North = 10,262,526.24 & East= 3,801,780.255). 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 Budde Road Spring, Texns Tel. 281- 681 -9766 Job No. 11 -249 -027 I I T r: FAGS 1__ O N LEGEND ® WATER WELL FOUND MONUMENTRON (TYPE NOTED) —P— POWER LINES —/1-- FENCE —777— EDGE OF ASPHALT OI (n ro °I o >1(64 Ai O V AI 03 0 �I L FN0.5 /8 1.R. W W W /CAP o .'xz rs oe -evC' V cgpQ ' V� 1- Ay FN0.5 /8 "l.R. W /CAP R,!,'_ CLEAN OUT _.4 FIRE HYDRANT 0 WATER VALVE D.R.W.C.T. DEED RECORDS WALKER COUNTY, TEXAS O.P.R,W.C.T. OFFICIAL PUBLIC RECORDS WALKER COUNTY, TEXAS P.R.W.C.T. PLAT RECORDS WALKER COUNTY, TEXAS A t,G, °b LOT4 ID' B.L. PER PLAT N87'24 13"E 150.16' 10'6.4 PER PLAT 0 15 30 SCALE: 1" a 30' LOT LINE 6r se I seI sal LOT 3 0.196 ACRES (8,559 SQ. FT.) CALLED 1.17 ACRES VOL 955 PACE /720 O.P.RW.C.T. Iq I1 I J 10 0.1- PER PLAT 087 24'13 "W 150.16' I0' B.L. PER PLAT LOT 2 VANNJOHNSON SUBDIVISION VOL. 5, PG. 81 P.R.W.C.T. SURVEYOR'S CERTIFICATE I hereby certify to Thu Clly of Huntsville that this survey wos mode on the ground and completed an August 15. 2011 that this drawing correctly represents the facts found ct the time of survey and that this professional service substantiolly conforms to the current Texas Solely of Prafossionol Surveyors Standards and Specifications for 0 Category 1B, Condition 11 Survey, M. Chrus+� R.P.L.S. No. 5937 NOTES, 1. This survey was performed without the benefit of a 1111e Commitment. 2. Horizontal Control Is based on holding City of Huntsville Monuments No. 7574 (grid coordinate of North a 10,282,485.31 & East. 3,802,009473) and 7575 (grid coordinate of North - 10,262.526.24 & East. 3,801,780.255), Bearings described are related to the Texas Coardinote System of 1983. Central Zona. Distances shown are US Survey Feet In 'Field Horizontal" units and may be converted ko -GRID" units by multiplying by a combined stole factor of 0.99988. 3. Square footage totals shown hereon are based an mathematical closures and do not necessarily represent the positional accuracy al the boundary monumentatian. 4. A description of even date accompanies This plot. LOT LINE ,�P�OF TFX9 fQ'woT rf9Fi�1' STEPHEN M. CHRUSZCZAK \p 5937 a- 40 SUFiV1%46' FN0.5/8" W /CAP W ;1'0 0 tot, Rb P.O.B. 7N0.5 /8 "1.5. W /CAP BEARS S57 Y3'W, 0.42' z CALLED ¢ 50' RO PT. 095105E 51985 8600 & C0 (AO/CKES 1RACr No. 9) VOL. 83. PACE 181 W. O.R.0 T. LOT 3 OF VANN - JOHNSON SUBDIVISION OF THE PLEASANT GRAY LEAGUE, A -24 IN WALKER COUNTY, TEXAS Solutions, LLC 25819 Budde Road Spring. Texas 77380 Phane:281 -681 -9766 Fox:281 -681 -9779 au. , en KC awdw an SC ooa 08/16/11 1 ELI N/A NOW n 11- 249 -027 6r,h1 M,mv LOT3.OWG sewn 1'w30' p 011050 Iles N/A EXHIBIT ?' )i)AGE It F Form: Commitment for Title Insurance Form Prescribed by Texas Department of Insurance (Revised 04/01/02) Attached to and made a part of Fidelity National Title Insurance Company Commitment for Title Insurance GF No. 201108786 SCHEDULE B EXCEPTIONS FROM COVERAGE In addition to the Exclusions and Conditions and Stipulations, your policy will not cover loss, costs, attorney's fees and expenses resulting from: 1. The following restrictive covenants of record itemized below (We must either insert specific recording data or delete this exception): This exception is hereby deleted. 2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments or protrusions, or any overlapping of improvements. 3. Homestead or community property or survivorship rights, if any, of any spouse of any insured. (Applies to the Owner Policy only.) 4. Any titles or rights asserted by anyone, including, but not limited to, persons, the public, corporations, governments or other entities, a. to tidelands, or lands comprising the shores or beds of navigable or perennial rivers and streams, lakes, bays, gulfs, or oceans, or b. to lands beyond the line of the harbor or bulkhead lines as established or changed by any government, or c. to filled -in lands, or artificial islands, or d. to statutory water rights, including riparian rights, or e. to the area extending from the line of mean low tide to the line of vegetation, or the rights of access to that area or easement along and across that area. (Applies to the Owner Policy only.) 5. Standby fees, taxes and assessments by any taxing authority for the year 2012 and subsequent years, and subsequent taxes and assessments by any taxing authority for prior years due to change in land usage or ownership but not those taxes or assessments for prior years because of an exemption granted to a previous owner of the property under Section 11.13, Texas Tax Code, or because of improvements not assessed for a previous tax year. (If Texas Short Form Residential Mortgagee Policy of Title Insurance (T -2R) is issued, that policy will substitute "which become due and payable subsequent to Date of Policy" in lieu of "for the year 2012 and subsequent years. ") 6. The terms and conditions of the documents creating your interest in the land. 7. Materials furnished or labor performed in connection with planned construction before signing and delivering the lien document described in Schedule A, if the land is part of the homestead of the owner. (Applies to the Mortgagee Title Policy Binder on Interim Construction Loan only, and may be deleted if satisfactory evidence to us before a binder is issued.) 8. Liens and leases that affect the title to the land, but that are subordinate to the lien of the insured mortgage. (Applies to Mortgagee Policy (T -2) only.) 9. The Exceptions from Coverage and Express Insurance in Schedule B of the Texas Short Form Residential Mortgagee Policy of Title Insurance (T -2R). (Applies to Texas Short Form Residential Mortgagee Policy of Title Schedule B of this Commitment consists of 2 page(s) Form: Commitment-for Title Insurance Form Prescribed by Texas Department of Insurance (Revised 04/01/02) Attached to and made a part of Fidelity National Title Insurance Company Commitment for Title Insurance GF No. 201108786 Insurance (T -2R) only. Separate exceptions 1 through 8 of this Schedule B do not apply to the Texas Short Form Residential Mortgagee Policy of Title Insurance (T -2R). 10. The following matters and all terms of the documents creating or offering evidence of the matters (We must insert matters or delete this exception.): a) All streets, rights of ways, building lines and utility easements as shown on the subdivision plat recorded in Volume 5, Page 81 of the Plat Records, Walker County, Texas. b) All matters as set out on plat dated August 18, 2011, prepared by Stephen M. Chruszcak, R.P.L.S. No. 5937. c) Any easements that may affect the property, such as roadways, sewer, telephone, water and/or electrical lines. d) Rights of Parties in Possession. Schedule B of this Commitment consists of 2 page(s) FORM: Commitment - for - Title- Insurance From Prescribed -by-Texas - Department -of- Insurance - (Revised 4/1/02) GF No. 201108786 SCHEDULE C Your Policy will not cover loss, costs, attorneys fees, and expenses resulting from the following requirements that will appear as Exceptions in Schedule B of the Policy, unless you dispose of these matters to our satisfaction, before the date the Policy is issued: 1. Documents creating your title or interest must be approved by us and must be signed, notarized and filed for record. 2. Satisfactory evidence must be provided that: • no person occupying the land claims any interest in that land against the persons named in paragraph 3 of Schedule A, • all standby fees, taxes, assessments and charges against the property have been paid, • all improvements or repairs to the property are completed and accepted by the owner, and that all contractors, sub - contractors, laborers and suppliers have been fully paid, and that no mechanic's, laborer's or materialman's liens have attached to the property, • there is legal right of access to and from the land, • (on a Mortgagee Policy only) restrictions have not been and will not be violated that affect the validity and priority of the insured mortgage. 3. You must pay the seller or borrower the agreed amount for your property or interest. 4. Any defect, lien or other matter that may affect title to the land or interest insured, that arises or is filed after the effective date of this Commitment. 5. Note: Procedural Rule P -27 as provided for in Article (9.39 A of the Texas Insurance Code requires that "Good Funds" be received and deposited before a Title Agent may disburse from its Trust Fund Account. 6. PLEASE NOTICE: IF AN OLD SURVEY IS GOING TO THE BE USED FOR SURVEY DELETION AND /OR ANY OTHER REASON IN THIS TRANSACTION, WE WILL REQUIRE A SURVEY AFFIDAVIT SIGNED BY THE SELLER/BORROWER STATING NO CHANGES HAVE BEEN MADE SINCE THE DATE OF THE SURVEY PLAT. 7. We will require that all STAND -BY FEES, TAXES and ASSESSMENTS by any Taxing Authority be paid up to and including the year 2011. 8. At closing, Company must be provided with a photo identification of all parties executing documents. 9. "Rights of parties in possession" shown in the Schedule "B" of this Commitment will be deleted from the Owner's Title Policy ONLY if an inspection is made and paid for which shown no parties in possession other than the sellers. If such an inspection is not required, the purchaser must sign a Waiver of Inspection and acknowledge that they understand that the Owners Title Policy will be issued subject to the Rights of Parties in Possession. 10. Item 2 above will be amended to read "Any shortages in area" in the Mortgagee's Title Policy if we are furnished with a survey prepared by an approved licensed Surveyor who certifies that there are no discrepancies, conflicts in boundary lines, or any encroachments, or any overlapping of improvements. 11. When amending the "area and boundary" exception in the mortgagee policy, the Company may rely upon a copy of a prior survey and affidavit by the borrower on residential real property if the borrower executes an acceptable affidavit. The Company may except to matters shown on the survey or the affidavit. Schedule C of this Commitment consists of 2 page(s) -- FORM: — Commitment -for Title -Insurance GF No. 201108786 From Prescribed by Texas Department of Insurance (Revised 4/1/02) 12. We will require that this Company be provided with a REQUEST FOR TAXPAYER IDENTIFICATION NUMBER AND CERTIFICATION (FORM 1099 -S) executed by the Seller(s) on Sales. 13. We will require that this Company be provided with a INDEMNITY AND AFFIDAVIT AS TO DEBTS, LIENS AND POSSESSION executed by the Seller(s) or Borrower(s). 14. If the record owner is married, we will require the owner's spouse to join in the conveyance if the property is community property or is or may become the owner's homestead, either residential or business. 15. In the event the herein described is or would be the Proposed Borrower's Homestead, residential or business, then we require that the lien be properly created for original purchase money and /or construction of improvements and, if evidenced by existing liens, such liens transferred and assigned to the Proposed insured. WALKER COUNTY TITLE COMPANY Authorized ountersignature Schedule C of this Commitment consists of 2 page(s) FORM: Commitment for Insurance Form Prescribed 13y y Texas Department of Insurance (12/31/10) GF Number: 201108786 SCHEDULE D Pursuant to the requirements of Rule P -21, Basic Manual of Rules, Rates and Forms for the Writing of Title Insurance in the State of Texas, the following disclosures are made: A -1. The following individuals are Directors and /or Officers of FIDELITY NATIONAL TITLE INSURANCE COMPANY: DIRECTORS OFFICERS Alan Lynn Stinson Raymond Randall Quirk President and Chief Financial Officer Raymond Randall Quirk Anthony John Park Executive Vice President Anthony John Park Daniel K. Murphy Treasurer Michael L. Gravelle Secretary A -2. Fidelity National Financial, Inc. owns 100% of Fidelity National Title Group, Inc. and Fidelity National Title Group, Inc. owns 100% of Chicago Title and Trust Company and Chicago Title and Trust Company owns 100% of Fidelity National Title Insurance Company. 2. The following disclosures are made by the Title Insurance Agent issuing this Commitment: • (a) A listing of each shareholder, owner, partner or other person having, owning or controlling one percent (1 %) or more of the title Insurance Agent that will receive a portion of the premium. (b) A listing of eache shareholder, owner, partner, or other person having, owning or controlling ten percent (10 %) or more of an entity that has, owns or controls one percent (1 %) of more of the Title Insurance Agent that will receive a portion of the premium. (c) If the Agent is a corporation: (i) the name of each director of the Title Agent; (ii) the names of the President, the Executive or Senior Vice - President, the Secretary and the Treasurer of the Title Insurance Agent. (d) The name of any person who is not a full -time employee of the Title Insurance Agent and who receives any portion of the title insurance premium for services performed on behalf of the Title Insurance Agent in connection with the issuance of a title insurance form; and, the amount of premium that any such person shall receive. (e) For purposes of this paragraph 2, "having, owning or controlling" includes the right to receipt of a percentage of net income, gross income, or cash flow of the Agent or entity in the percentage stated in subparagraphs (a) or (b). AGENT NAME: WALKER COUNTY TITLE COMPANY OWNERS: Lloyd C. Martin; Joe B. Henderson, Jr., and Hurlene Savage OFFICERS /DIRECTORS: President: Lloyd C. Martin Executive Vice President: Joe B. Henderson, Jr. Vice President: Hurlene Savage Secretary/Treasurer: Hurlene Savage 3. You are entitled to receive advance disclosure of settlement charges in connection with the proposed transaction to which this commitment relates. Upon your request, such disclosure will be made to you. Additionally, the name of any person, firm or corporation receiving any sum from the settlement of this transaction will be disclosed on the closing or settlement statement. You are further advised that the estimated* title premium is: Owner's Policy Loan Policy Endorsement Charges Total Of this total amount $ or 15 % (complete one only) will be paid to Fidelity National Title Insurance Company; $ or 85% (complete one only) will be retained by Title Insurance Agent; and any remainder of the estimated premium will be paid to other parties as follows: Amount Paid to Services $ or % (complete only one) $ or % (complete only one) $ or % (complete only one) *The estimated premium is based upon information furnished to us as of the date of this Commitment for Title Insurance. Final determination of the amount of the premium will be made at closing in accordance with the Rules and Regulations adopted by the Commissioner of Insurance. FT (6/2001) Fidelity National Title Insurance Company PRIVACY POLICY NOTICE PURPOSE OF THIS NOTICE File No. 201108786 Title V of the Gramm- Leach - Bliley Act (GLBA) generally prohibits any financial institution, directly or through its affiliates, from sharing nonpublic personal information about you with a nonaffiliated third party unless the institution provides you with a notice of its privacy policies and practices, such as the type of information that it collects about you and the categories of persons or entities to whom it may be disclosed. In compliance with the GLBA, we are providing you with this document, which notifies you of the privacy policies and practices of Fidelity National Title Insurance Company We may collect nonpublic personal information about you from the following sources: • Information we receive from you, such as on applications or other forms. • Information about your transactions we secure from our files, or from our affiliates or others. • Information we receive from a consumer reporting agency. • Information that we receive from others involved in your transaction, such as the real estate agent or lender. Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal information will be collected about you. We may disclose any of the above information that we collect about our customers or former customers to our affiliates or to nonaffiliated third parties as permitted by law. We also may disclose this information about our customers or former customers to the following types of nonaffiliated companies that perform marketing services on our behalf or with whom we have joint marketing agreements: • Financial service providers such as companies engaged in banking, consumer finance, securities and insurance. • Non - financial companies such as envelope stuffers and other fulfillment service providers. WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW. We restrict access to nonpublic personal information about you to those employees who need to know that information in order to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. FIDELITY NATIONAL TITLE INSURANCE COMPANY TEXAS TITLE INSURANCE INFORMATION Title Insurance insures you against loss resulting from certain risks to your title. The Commitment for Title Insurance is the Title Insurance Company's promise to issue the Title Insurance Policy. The Commitment is a legal document. You should review it carefully to completely understand it before your closing date. El seguro de titulo le asegura en relacion a perdidas resultantes de ciertos riesgos que pueden afectar el titulo de su propiedad. El Compromiso para Seguro de Titulo es la promesa de la compania aseguradora de titulos de emitir la poliza de seguro de titulo. El Compromiso es un documento legal. Usted debe leerlo cuidadosamente y entenderlo complemente antes de la fecha para finalizar su transaccion. Your Commitment for Title Insurance is a legal contract between you and us. The Commitment is not an opinion or report of your title. It is a contract to issue you a Policy subject to the Commitment's terms and requirements. Before issuing a Commitment for Title Insurance (the Commitment) or a Title Insurance Policy (the Policy), the Title Insurance Company (the Company) determines whether the title is insurable. This determination has already been made. Part of that determination involves the Company's decision to insure the title except for certain risks that will not be covered by the Policy. Some of these risks are listed in Schedule B of the attached Commitment as Exceptions. Other risks are stated in the Policy as Exclusions. These risks will not be covered by the Policy. The Policy is not an abstract of title nor does a Company have an obligation to determine the ownership of any mineral interest. - -- MINERALS AND MINERAL RIGHTS may not be covered by the Policy. The Company may be unwilling to insure title unless there is an exclusion or an exception as to Minerals and Mineral Rights in the Policy. Optional endorsements insuring certain risks involving minerals, and the use of improvements (excluding lawns, shrubbery and trees) and permanent buildings may be available for purchase. Neither this Policy, nor the optional endorsements, insure that the purchaser has title to the mineral rights related to the surface estate. Another part of the determination involves whether the promise to insure is conditioned upon certain requirements being met. Schedule C of the Commitment lists these requirements that must be satisfied or the Company will refuse to cover them. You may want to discuss any matters shown in Schedules B and C of the Commitment with an attorney. These matters will affect your title and your use of the land. When your Policy is issued, the coverage will be limited by the Policy's Exception, Exclusions and Conditions, defined below. - -- EXCEPTIONS are title risks that a Policy generally covers but does not cover in a particular instance. Exceptions are shown on Schedule B or discussed in Schedule C of the Commitment. They can also be added if you do not comply with the Conditions section of the Commitment. When the Policy is issued, all Exceptions will be on Schedule B of the Policy. - -- EXCLUSIONS are title risks that a Policy generally does not cover. Exclusions are contained in the Policy but not shown or discussed in the Commitment. - -- CONDITIONS are additional provisions that qualify or limit your coverage. Conditions include your responsibilities and those of the Company. They are contained in the Policy but not shown or discussed in the Commitment. The Policy Conditions are not the same as the Commitment Conditions. You can get a copy of the policy form approved by the Texas Department of Insurance by calling Fidelity National Title Insurance Company at 1- 800 - 654 -7041 or by calling the title insurance agent that issued the Commitment. The Texas Department of Insurance may revise the policy form from time to time. You can also get a brochure that explains the Policy from the Texas Department of Insurance by calling 1- 800 -252- 3439. Form No. 27C13443 (11/2009) Commitment For Title Insurance (T -7) Before the Policy is issued, you may request changes in the Policy. Some of the changes to consider are: - -- Request amendment of the "area and boundary" exception (Schedule B, paragraph 2). To get this amendment, you must furnish a survey and comply with other requirements of the Company. On the Owner's Policy, you must pay an additional premium for the amendment. If the survey is acceptable to the Company and if the Company's other requirements are met, your Policy will insure you against loss because of discrepancies or conflicts in boundary lines, encroachments or protrusions, or overlapping of improvements. The Company may then decide not to insure against specific boundary or survey problems by making special exceptions in the Policy. Whether or not you request amendment of the "area and boundary" exception, you should determine whether you want to purchase and review a survey if a survey is not being provided to you. -- -Allow the Company to add an exception to "rights of parties in possession." If you refuse this exception, the Company or the title insurance agent may inspect the property. The Company may except to and not insure you against the rights of specific persons, such as renters, adverse owners or easement holders who occupy the land. The Company may charge you for the inspection. If you want to make your own inspection, you must sign a Waiver of Inspection form and allow the Company to add this exception to your Policy. The entire premium for a Policy must be paid when the Policy is issued. You will not owe any additional premiums unless you want to increase your coverage at a later date and the Company agrees to add an Increased Value Endorsement. Form No. 27C13443 (11/2009) Commitment For Title Insurance (T -7) DELETION OF ARBITRATION PROVISION (Not applicable to the Texas Residential Owner's Policy) Arbitration is a common form of alternative dispute resolution. It can be a quicker and cheaper means to settle a dispute with your Title Insurance Company. However, if you agree to arbitrate, you give up your right to take the Title Company to court and your rights to discovery of evidence may be limited in the arbitration process. In addition, you cannot usually appeal an arbitrator's award. Your policy contains an arbitration provision (shown below). It allows you or the Company to require arbitration if the amount of insurance is $2,000,000 or less. If you want to retain your right to sue the Company in case of a dispute over a claim, you must request deletion of the arbitration provision before the policy is issued. You can do this by signing this form and returning it to the Company at or before the closing of your real estate transaction or by writing to the Company. The arbitration provision in the Policy is as follows: "Either the Company or the Insured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Title Association ( "Rules "). Except as provided in the Rules, there shall be no joinder or consolidation with claims or controversies of other persons. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Insured arising out of or relating to this policy, any service in connection with its issuance or the breach of a policy provision, or to any other controversy or claim arising out of the transaction giving rise to this policy. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured, unless the Insured is an individual person (as distinguished from an Entity). All arbitrable matters when the Amount of Insurance is in excess of $2,000,000 shall be arbitrated only when agreed to by both the Company and the Insured. Arbitration pursuant to this policy and under the Rules shall be binding upon the parties. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court of competent jurisdiction." SIGNATURE DATE Form No. 27C13443 (11/2009) Commitment For Title Insurance (T -7) Fidelity National Financial, Inc. Privacy Statement Fidelity National Financial, Inc. and its subsidiaries ( "FNF ") respect the privacy and security of your non - public personal information ( "Personal Information ") and protecting your Personal Information is one of our top priorities. This Privacy Statement explains FNF's privacy practices, including how we use the Personal Information we receive from you and from other specified sources, and to whom it may be disclosed. FNF follows the privacy practices described in this Privacy Statement and, depending on the business performed, FNF companies may share information as described herein. Personal Information Collected We may collect Personal Information about you from the following sources: Information we receive from you on applications or other forms, such as your name, address, social security number, tax identification number, asset information, and income information; • Information we receive from you through our Internet websites, such as your name, address, email address, Internet Protocol address, the website links you used to get to our websites, and your activity while using or reviewing our websites; • Information about your transactions with or services performed by us, our affiliates, or others, such as information concerning your policy, premiums, payment history, information about your home or other real property, information from lenders and other third parties involved in such transaction, account balances, and credit card information; and • Information we receive from consumer or other reporting agencies and publicly recorded documents. Disclosure of Personal Information We may provide your Personal Information (excluding information we receive from consumer or other credit reporting agencies) to various individuals and companies, as permitted by law, without obtaining your prior authorization. Such laws do not allow consumers to restrict these disclosures. Disclosures may include, without limitation, the following: • To insurance agents, brokers, representatives, support organizations, or others to provide you with services you have requested, and to enable us to detect or prevent criminal activity, fraud, material misrepresentation, or nondisclosure in connection with an insurance transaction; • To third -party contractors or service providers for the purpose of determining your eligibility for an insurance benefit or payment and/or providing you with services you have requested; • To an insurance regulatory authority, or a law enforcement or other governmental authority, in a civil action, in connection with a subpoena or a governmental investigation; To companies that perform marketing services on our behalf or to other financial institutions with which we have joint marketing agreements; and/or • To lenders, lien holders, judgment creditors, or other parties claiming an encumbrance or an interest in title whose claim or interest must be determined, settled, paid or released prior to a title or escrow closing. We may also disclose your Personal Information to others when we believe, in good faith, that such disclosure is reasonably necessary to comply with the law or to protect the safety of our customers, employees, or property and/or to comply with a judicial proceeding, court order or legal process. Disclosure to Affiliated Companies - We are permitted by law to share your name, address and facts about your transaction with other FNF companies, such as insurance companies, agents, and other real estate service providers to provide you with services you have requested, for marketing or product development research, or to market products or services to you. We do not, however, disclose information we collect from consumer or credit reporting agencies with our affiliates or others without your consent, in conformity with applicable law, unless such disclosure is otherwise permitted by law. Disclosure to Nonaffiliated Third Parties - We do not disclose Personal Information about our customers or former customers to nonaffiliated third parties, except as outlined herein or as otherwise permitted by law. Confidentiality and Security of Personal Information We restrict access to Personal Information about you to those employees who need to know that information to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard Personal Information. Access to Personal Information/ Requests for Correction, Amendment, or Deletion of Personal Information As required by applicable law, we will afford you the right to access your Personal Information, under certain circumstances to find out to whom your Personal Information has been disclosed, and request correction or deletion of your Personal Information. However, FNF's current policy is to maintain customers' Personal Information for no less than your state's reouired record retention requirements for the purpose of handling future coverage claims. For your protection, all requests made under this section must be in writing and must include your notarized signature to establish your identity. Where permitted by law, we may charge a reasonable fee to cover the costs incurred in responding to such requests. Please send requests to: Chief Privacy Officer Fidelity National Financial, Inc. 601 Riverside Avenue Jacksonville, FL 32204 Changes to this Privacy Statement This Privacy Statement may be amended from time to time consistent with applicable privacy laws. When we amend this Privacy Statement, we will post a notice of such changes on our website. The effective date of this Privacy Statement, as stated above, indicates the last time this Privacy Statement was revised or materially changed. Form No. 27C 1 3443 (11/2009) Commitment For Title Insurance (T -7)