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ST9902-ES091116Page 1 of 1 Keith Marvin -Sandy Lake Road General Warranty Deed From: "Raymond Edmundson" <redmundson(�'.&np- online.com> To: <kmarvin(�'.&i.coppell.tx.us> Date: 11/16/2009 2:49 PM Subject: Sandy Lake Road General Warranty Deed Attachments: General Warranty Deed.pdf; TX - Commitment for Title Insu 8.doc; TX - Commitment for Title Insu.doc Keith This is a general warranty deed we use. The XXXXXX's is whomever holds title to the property. Here are the two title commitments for their two parcels. Raymond Edmundson Right of Way Agent Teague Nall and Perkins Office 817 - 336 -5773 Fax 817 - 336 -2813 Direct 817 - 665 -8207 Cell 817 - 229 -4970 Email redmundson @tnp- online.com file: HC: \Documents and Settings \radloo \Local Settings\ Temp \XPgrpwise \4B016661 City_o... 3/16/2010 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. GENERAL WARRANTY DEED THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF DALLAS § XXXXXXXXXXX in consideration of TEN AND NO /100 DOLLARS and other valuable consideration to the undersigned paid by the Grantee herein named, the receipt and sufficiency of which consideration is hereby acknowledged, have granted, sold and conveyed, and by these presents do grant, sell and convey unto the City of Coppell, all of the following described real property in Dallas County, Texas, to -wit: SEE ATTACHED EXHIBIT "A" AND SKETCH INCORPORATED HEREIN BY REFERENCE FOR ALL INTENTS AND PURPOSES This conveyance is given and accepted subject to any and all restrictions, reservations, convenants, conditions, right- of-ways, easements, municipal or other governmental zoning laws, regulations and ordinances, if any, affecting the herein described property. Grantors reserve all of the oil, gas and sulphur in and under the land herein conveyed but waive all rights of ingress and egress to the surface thereof for the purpose of exploring, developing, mining or drilling for same; however, nothing in this reservation shall affect the title and rights of the Grantee, its successors and assigns, to take and use all other minerals and materials thereon, therein and thereunder. TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging to said Grantee, his successors and assigns forever; and Grantors do hereby bind their successors, executors and administrators to warrant and forever defend all and singular said premises unto said Grantee, his successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. EXECUTED on this day of 1 2009. By: THE STATE OF TEXAS § COUNTY OF DALLAS § BEFORE ME, the undersigned authority, on this day personally appeared XXXXXXXXXXXXXX, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this day of 2009. Notary Public in and for the State of Texas My commission expires on COMMITMENT FOR TITLE INSURANCE Issued by First American Title Insurance Company 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. We, First American 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. First American Title Insurance Company BY PRESIDENT ATTEST SECRETARY COUNTERSIGNED: Authorized Signature COUNTERSIGNED: Authorized Signature First American Title Insurance Company Texas Commitment T -7 (Rev. 5 -1 -08) Valid Only if Schedule A, B, C, D and Cover are attached TEXAS COMMITMENT FOR TITLE INSURANCE SCHEDULE A Effective Date: June 17, 2009 at 5:00 p.m. Commitment No. 1355869 -HO89 issued July 07, 2009, at 5:00 p.m. 1. The policy or policies to be issued are: (a) OWNER POLICY OF TITLE INSURANCE (Form T -1) (Not applicable for improved one -to -four family residential real estate) Policy Amount: $12,295.00 PROPOSED INSURED: City of Coppell (b) TEXAS RESIDENTIAL OWNER POLICY OF TITLE INSURANCE ONE -TO -FOUR FAMILY RESIDENCES (Form T -1R) Policy Amount: $ PROPOSED INSURED: (c) MORTGAGEE POLICY OF TITLE INSURANCE (FORM T -2) Policy Amount: $0.00 PROPOSED INSURED: Proposed Borrower: City of Coppell GF No. 1355869 -HO89 (d) TEXAS SHORT FORM RESIDENTIAL MORTGAGEE POLICY OF TITLE INSURANCE (Form T -2R) Policy Amount $ PROPOSED INSURED: Proposed Borrower: (e) MORTGAGEE TITLE POLICY BINDER ON INTERIM CONSTRUCTION LOAN (Form T -13) Binder Amount: $ PROPOSED INSURED: Proposed Borrower: (f) OTHER: Policy Amount: $ PROPOSED INSURED: 2. The interest in the land covered by this Commitment is: Fee Simple 3. Record Title to the land on the Effective Date appears to be vested in: GENERAL TELEPHONE COMPANY OF THE SOUTHWEST, a Delaware corporation 4. Legal description of land: See Exhibit "A" attached hereto and made a part hereof. First American Title Insurance Company Texas Commitment T -7 (Rev. 5 -1 -08) Valid Only if Schedule A, B, C, D and Cover are attached EXHIBIT "A" BEING A 0.056 OF AN ACRE TRACT OF LAND SITUATED WITHIN THE JAMES W. ANDERSON SURVEY, ABSTRACT NO. 18, AND BEING A PORTION OF A TRACT OF LAND DESCRIBED TO GENERAL TELEPHONE COMPANY OF THE SOUTHWEST BY DEED RECORDED IN VOLUME 82021, PAGE 1087, DEED RECORDS, DALLAS COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A 3/8 INCH IRON ROD FOUND FOR THE NORTHWEST CORNER OF SAID TELEPHONE TRACT, AND BEING ON THE SOUTH RIGHT -OF -WAY LINE OF SANDY LAKE ROAD (A VARIABLE WIDTH RIGHT -OF -WAY), SAME BEING THE BEGINNING OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 3,787.82 FEET, AND A CHORD THAT BEARS SOUTH 85 0 03'37" EAST, 150.57 FEET; THENCE ALONG SAID CURVE TO THE RIGHT, WITH SAID RIGHT -OF -WAY LINE, AN ARC LENGTH OF 150.58 FEET TO A POINT FOR THE NORTHEAST CORNER OF SAME; THENCE SOUTH 00 0 19'34" EAST, WITH THE EAST LINE OF SAID TELEPHONE TRACT, A DISTANCE OF 17.53 FEET 0 A 5/8 INCH CAPPED IRON ROD STAMPED "TNP" SET FOR CORNER FROM WHICH A 1/2 INCH IRON ROD FOUND FOR THE SOUTHEAST CORNER OF SAME BEARS SOUTH 00 0 19'34" EAST, 887.05 FEET; THENCE NORTH 83 0 49'49" WEST, OVER AND ACROSS SAID TELEPHONE TRACT, A DISTANCE OF 150.94 FEET TO A 5/8 INCH CAPPED IRON ROD STAMPED "TNP" SET FOR CORNER ON THE WEST LINE OF SAME; THENCE NORTH 00 0 12'00" WEST, WITH SAID WEST LINE, A DISTANCE OF 14.27 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.056 OF AN ACRE OF LAND, MORE OR LESS. Note: The Company is prohibited from insuring the area or quantity of the 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. First American Title Insurance Company Texas Commitment T -7 (Rev. 5 -1 -08) Valid Only if Schedule A, B, C, D and Cover are attached SCHEDULE B Commitment No. 1355869 -HO89 EXCEPTIONS FROM COVERAGE GF No. 1355869 -HO89 In addition to the Exclusions and Conditions and Stipulations, your Policy will not cover loss, costs, attorney's fees, and expenses resulting from: The following restrictive covenants of record itemized below: Any covenants, conditions or restrictions indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, or national origin are hereby deleted to the extent such covenants, conditions or restrictions violate 42 USC 3604 {c }. (See Item 10. a.) 2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments or protrusions, or any overlapping of improvements. 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.) Standby fees, taxes and assessments by any taxing authority for the year 2009, 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 2009 and subsequent years. ") 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 is furnished 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.) First American Title Insurance Company Texas Commitment T -7 (Rev. 5 -1 -08) Valid Only if Schedule A, B, C, D and Cover are attached 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 Insurance (T -2R) only. Separate exceptions 1 through 8 of this Schedule 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. Item No. 1, Schedule B, is hereby deleted. b. Rights of Parties in Possession. (OWNER POLICY ONLY) C. Rights of tenants, as tenants only, under unrecorded leases or rental agreements. d. Visible and apparent easements on or across property described in Schedule A. e. Any portion of subject property lying within the boundaries of a public or private roadway whether dedicated or not. f. Rights to oil, gas and other minerals of every kind and character in, on and under the property described in Schedule A, together with the rights, privileges and immunities relating thereto. g. Easement: To: General Telephone Company of the Southwest Recorded: in Volume 70251, Page 359, of the Deed records, of Dallas County, Texas. Purpose: Easement h. Easement: To: Texas Power & Light Co. Recorded: in Volume 2109, Page 466, of the Deed records, of Dallas County, Texas. Purpose: Easement Easement: To: Texas Power & Light Co. Recorded: in Volume 2109, Page 461, of the Deed records, of Dallas County, Texas. Purpose: Easement j. Easement: To: Lone Star Gas Co. Recorded: in Volume 5532, Page 489, and as affected by Volume 69081, Page 177, of the Deed records, of Dallas County, Texas. Purpose: Easement and Right -of -Way k. Easement: To: Lone Star Gas Co. Recorded: in Volume 5469, Page 402, and as affected by Volume 69081, Page 173, of the Deed records, of Dallas County, Texas. Purpose: Easement and Right -of -Way I. Easement: To: Texas Power & Light Company Recorded: in Volume 84246, Page 2308, of the Deed records, of Dallas County, Texas. Purpose: Easement First American Title Insurance Company Texas Commitment T -7 (Rev. 5 -1 -08) Valid Only if Schedule A, B, C, D and Cover are attached M. Easement: To: Texas Power & Light Company Recorded: in Volume 84246, Page 2306, of the Deed records, of Dallas County, Texas. Purpose: Easement Lease dated October 26, from Roy L. Crouch et ux to Lone Star Gas Company as evidenced in Warranty Deed recorded in Volume 74041, Page 45, Deed Records, Dallas County, Texas. First American Title Insurance Company Texas Commitment T -7 (Rev. 5 -1 -08) Valid Only if Schedule A, B, C, D and Cover are attached SCHEDULE C Commitment No. 1355869 -HO89 GF No. 1355869 -HO89 Your policy will not cover loss, costs, attorney's 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: Documents creating your title or interest must be approved by us and must be signed, notarized and filed for record. Satisfactory evidence must be provided that: - no person occupying the land claims any interest in that land against the persons named in paragraph 3 of Schedule A, - all standby fees, taxes, assessments and charges against the property have been paid, - all improvements or repairs to the property are completed and accepted by the owner, and that all contractors, sub - contractors, laborers, and suppliers have been fully paid, and that no mechanic's, laborer's or materialmen's liens have attached to the property, - there is legal right of access to and from the land, - (on a Mortgage Policy only) restrictions have not been and will not be violated that affect the validity and priority of the insured mortgage. 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. We find no outstanding voluntary liens of record affecting the subject property. An inquiry should be made concerning the existence of any unrecorded lien or other indebtedness which could give rise to any security interest in the subject property. We must be furnished with a Corporate Resolution of the Board of Directors of GENERAL TELEPHONE COMPANY OF THE SOUTHWEST, a Delaware corporation, authorizing the transaction and naming the officers authorized to execute the necessary documents. NOTE: Closer should be satisfied as to the corporate status of said corporation and that same is in good standing. The right is reserved to make and insert additional exceptions and /or requirements based upon the review of the survey, up to and including the issuance of the Policy. ARBITRATION: The Owner Policy of Title Insurance (Form T -1), the Mortgagee Policy of Title Insurance Form (Form T- 2), and the Texas Short Form Residential Mortgagee Policy of Title Insurance (T -2R) contain an arbitration provision. It allows the insured or the Company to require arbitration if the amount of insurance is $2,000,000 or less. If the Insured wants to retain the right to sue the Company in case of a dispute over a claim, the Insured must request deletion of the arbitration provision before the Policy is issued. The Insured may do this by signing the Deletion of Arbitration Provision form and returning it to the Company at or before the closing of the real estate transaction or by writing to the Company. First American Title Insurance Company Texas Commitment T -7 (Rev. 5 -1 -08) Valid Only if Schedule A, B, C, D and Cover are attached 9. Good Funds in an amount equal to all disbursements must be received and deposited before any funds may be disbursed. Partial disbursements prior to the receipt and deposit of good funds are not permitted. Good Funds means cash, wire transfer, certified checks, cashier's checks and teller checks. 10. In the event the transaction covered herein is a refinance transaction the borrower may be entitled to use a prior survey subject to title company requirements. NOTE: In the event that the lien as shown on Schedule A is a conventional loan the following applies. In the Mortgagee Policy of Title Insurance to be issued, Schedule A, Item 1, shall read as follows: , and each successor in ownership of the indebtedness secured by the insured mortgage, except a successor who is an obligor under the provisions of Section 12(c) of the Conditions and Stipulations. NOTICE: Escrow Agent (i) has no liability on a check until the check has cleared; (ii) sball not be liable for any interest or other charge on the Earnest Money and sball be under no duty to invest or re- invest funds held by it at any time unless otherwise agreed in writing; and (iii) may not receive financial benefits from depository institutions based, in whole or in part, on the maintenance of escrow deposits which may or may not include the Earnest Money described herein, First American Title Insurance Company By. Authorized Countersignature ( /KS ) First American Title Insurance Company Texas Commitment T -7 (Rev. 5 -1 -08) Valid Only if Schedule A, B, C, D and Cover are attached First American Title Insurance Company SCHEDULE D The following disclosures are made pursuant to Procedural Rule P -21 promulgated by the State Board of Insurance: 1. UNDERWRITER: First American Title Insurance Company, a California corporation. Shareholder owning or controlling, directly or indirectly, ten percent or more of the shares of First American Title Insurance Company: Wholly owned subsidiary of The First American Financial Corporation, a public company. Directors of First American Title Insurance Company: Timorthy V. Kemp; Dennis J. Gilmore;James Mark Harmsworth and Jeffrey S. Robinson Officers of First American Title Insurance Company: Chairman of the Board, Parker S. Kennedy; Vice Chairman, D.P. Kennedy; Vice Chairman, Gary L. Kermott; President, Dennis J. Gilmore; Executive Vice President, John N. Casbon; Senior Vice President & General Counsel, Timothy P. Sullivan; Vice President & Secretary, Timothy V. Kemp; Senior Executive Vice President, John M. Hollenbeck; Chief Financial Officer, James M. Harmsworth,; and Counsel & Assistant Secretary, Jeffrey S. Robinson 2. AGENT: (APPLICABLE TO THE FOLLOWING DIRECT OPERATIONS): First American Title Insurance Company - Austin Division First American Title Insurance Company - El Paso Division First American Title Insurance Company - Houston Division First American Title Insurance Company - Tyler Division First American Title Insurance Company - Corpus Christi Division First American Title Insurance Company - Fort Worth Division First American Title Insurance Company - San Antonio Division First American Title Insurance Company - Waco Division 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 %) or more of the Title Insurance Agent: The First American Corporation If the Title Insurance Agent is a corporation, the following is a list of the members of the Board of Directors: D.P. Kennedy, Parker S. Kennedy, Gary J. Beban, J. David Chatham, William G. Davis, James L. Doti, Lewis W. Douglas, Jr., Paul B. Fay, Jr., Frank E. O'Bryan, Roslyn B. Payne, D. Van Skilling, Herbert B. Tasker and Virginia M. Ueberroth If the Title Insurance Agent is a corporation, the following is a list of its officers Chairman of the Board: Parker S. Kennedy; President: Criag I. DeRoy; Senior Executive Vice President and Chief Financial Officer: Dennis J. Gilmore; Executive Vice President, Lender Services: Curt A. Caspersen; Executive Vice President, Technology: John M. Hollenbeck; Executive Vice President, Title Insurance and Services: Gary L. Kermott; Senior Vice President and General Counsel: Kenneth D. DeGiorgio; Senior Vice President and Chief Information Officer: Roger S. Hull; Senior Vice President and National Litigation Counsel: Timoth P. Sullivan; Vice President, Secretary and Corporate Counsel: Mark R. Arnesen; Vice President, Corporate Communications: Jo Etta Bandy; Vice President Regulatory Counsel and Special Counsel: James J. Dufficy; Vice President and Controller: Paul W. Knutson "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 a portion 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 Policy Mortgagee Policy Endorsement Charges Total Of this total amount $ or 15 % (complete only one) will be paid to the policy issuing Title Insurance Company; $ or % (complete only one) will be retained by the issuing Title Insurance Agent; and the remainder of the estimated premium * will be paid to other parties as follows: Amount To Whom For 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." AIM 1 G.F. NO. 1355869 -HO89 First American POLICY NO. DELETION OF ARBITRATION PROVISION First American Title Insurance Company Texas Commitment T -7 (Rev. 5 -1 -08) Valid Only if Schedule A, B, C, D and Cover are attached (Not applicable to the Texas Residential Owner Policy) Arbitration is a common form of alternative dispute resolution. It can be a quicker and cheaper means to settle a dispute with your Title Insurance Company. However, if you agree to arbitrate, you give up your right to take the Title Company to court and your rights to discovery of evidence may be limited in the arbitration process. In addition, you cannot usually appeal an arbitrator's award. Your policy contains an arbitration provision (shown below). It allows you or the Company to require arbitration if the amount of insurance is $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 First American Title Insurance Company Texas Commitment T -7 (Rev. 5 -1 -08) Valid Only if Schedule A, B, C, D and Cover are attached C First American Title Company Privacy Policy . Am We Are Committed to Safeguarding Customer Information In order to better serve your needs now and in the firture, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information — particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, together with our parent company, The First American Corporation, we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern our use of personal information regardless of its source. First American calls these guidelines its Fair Information I'alues, a copy of which can be found on our website at www.firstam.com. Types of Information Depending upon which of our services you are utilizing the types of nonpublic personal information that we may collect include: Information we receive from you on applications, forms and in other communications to us, whether in writing in person, by telephone or any other means; • Information about your transactions with us, our affiliated companies, or others; and • Information we receive from a consumer reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies, and escrow companies. Furthermore, we may also provide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy and First American's Fair Information I'alues. We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to ward your nonpublic personal information. OO 2001 The First American Corporation • Al Rights Reserved First American Title Insurance Company Texas Commitment T -7 (Rev. 5 -1 -08) Valid Only if Schedule A, B, C, D and Cover are attached 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, Stipulations and Exclusions. TEXAS TITLE INSURANCE INFORMATION Title insurance insures you against loss resulting from certain risks to your title. El seguro de ttulo le asegura en relaci6n a perdidas resultantes de ciertos riesgos que pueden afectar el ttulo de su propiedad. 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 El Compromiso para Seguro de Titulo es la promesa de la compania should review it carefully to completely understand it before your closing date. aseguradora de ttulos de emitir la p6liza de seguro de ttulo. El Compromiso es un documento legal. Usted debe leerlo cuidadosamente y entenderlo completamente antes de la fecha para finalizar su transacci6n. Your Commitment for Title Insurance is a legal contract between you and us. The Commitment is not an opinion or report of your title. It is a contract to issue you a policy subject to the Commitment's terms and requirements. Before issuing a Commitment for Title Insurance (the Commitment) or a Title Insurance Policy (the Policy), the Title Insurance Company (the Company) determines whether the title is insurable. This determination has already been made. Part of that determination involves the Company's decision to insure the title except for certain risks that will not be covered by the Policy. Some of these risks are listed in Schedule B of the attached Commitment as Exceptions. Other risks are stated in the Policy as Exclusions. These risks will not be covered by the Policy. Another part of the determination involves whether the promise to insure is conditioned upon certain requirements being met. Schedule C of the Commitment lists these requirements that must be satisfied or the Company 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 Exceptions, Exclusions and Conditions, defined below. - EXCEPTIONS are title risks that a Policy generally covers but does not cover in a particular instance. Exceptions are shown on Schedule B or discussed in Schedule C of the Commitment. They can also be added if you do not comply with the Requirements section of the Commitment. When the Policy is issued, all Exceptions will be on Schedule B of the Policy. - EXCLUSIONS are title risks that a Policy generally does not cover. Exclusions are contained in the Policy but not shown or discussed in the Commitment. - CONDITIONS are additional provisions that qualify or limit your coverage. Conditions include your responsibilities and those of the Company. They are contained in the Policy but not shown or discussed in the Commitment. The Policy Conditions are not the same as the Commitment Conditions. You can get a copy of the policy form approved by the State Board of Insurance by calling the Title Insurance Company at 1- 800 - 347 -7826 or by calling the title insurance agent that issued the Commitment. The State Board of Insurance may revise the policy form from time to time. You can also get a brochure that explains the policy from the Texas Department of Insurance by calling 1- 800 - 252 -3439. Before the Policy is issued, you may request changes in the policy. Some of the changes to consider are: -- 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 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. 28 TAC §1.601(a)(3) IMPORTANT NOTICE To obtain information or make a complaint: You may contact First American Title Company at (281)588 -2200. You may call First American Title Insurance Company's toll -free telephone number for information or to make a complaint at: 1- 800 - 347 -7826 You may also write to First American Title Insurance Company at: "ISO IMPORTANTE Para obtener informacion o para someter una queja: Puede comunicarse con su contact First American Title Company al (281)588 -2200. Usted puede Ilamar al numero de telefono gratis de First American Title Insurance Company's para informacion o para someter una queja al: 1- 800 - 347 -7826 Usted tambien puede escribir a First American Title Insurance Company al: 1500 S. Dairy Ashford, Suite 300 Houston, Texas 77077 -9857 1500 S. Dairy Ashford,Suite 300 Houston, Texas 77077 -9857 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: Puede comunicarse con el Departamento de Seguros de Texas para obtener informacion acerca de companias, coberturas, derechos o quejas al: 1- 800 - 252 -3439 1- 800 - 252 -3439 Puede escribir al Departamento de Seguros de Texas: You may write the Texas Department of Insurance: P.O. Box 149104 Austin, Texas 78714 -9104 Fax: (512) 475 -1771 Web: http: / /www.tdi.state.tx.us E -mail: ConsumerProtection @tdi.state.tx.us PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact or First American Title Insurance Company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. P.O. Box 149104 Austin, Texas 78714 -9104 Fax: (512) 475 -1771 Web: http: / /www.tdi.state.tx.us E -mail: ConsumerProtection @tdi.state.tx.us DISPUTAS SOBRE PRIMAS O RECLAMOS: Si tiene una disputa concerniente a su prima o a un reclamo, debe comunicarse con el o First American Title Insurance Company primero. Si no se resuelve la disputa, puede entonces comunicarse con el departamento (TDI). UNA ESTE "ISO A SU POLIZA: Este aviso es solo para proposito de informacion y no se convierte en parte o condicion del documento adjunto. COMMITMENT FOR TITLE INSURANCE Issued by First American Title Insurance Company 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. We, First American 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. First American Title Insurance Company BY PRESIDENT ATTEST SECRETARY COUNTERSIGNED: Authorized Signature COUNTERSIGNED: Authorized Signature First American Title Insurance Company Texas Commitment T -7 (Rev. 5 -1 -08) Valid Only if Schedule A, B, C, D and Cover are attached TEXAS COMMITMENT FOR TITLE INSURANCE SCHEDULE A Effective Date: June 29, 2009 at 5:00 p.m. Commitment No. 1362024 -HO89 issued July 22, 2009, at 5:00 p.m. 1. The policy or policies to be issued are: (a) OWNER POLICY OF TITLE INSURANCE (Form T -1) (Not applicable for improved one -to -four family residential real estate) Policy Amount: $2,010.00 PROPOSED INSURED: City of Coppell (b) TEXAS RESIDENTIAL OWNER POLICY OF TITLE INSURANCE ONE -TO -FOUR FAMILY RESIDENCES (Form T -1R) Policy Amount: $ PROPOSED INSURED: (c) MORTGAGEE POLICY OF TITLE INSURANCE (FORM T -2) Policy Amount: $0.00 PROPOSED INSURED: Proposed Borrower: City of Coppell GF No. 1362024 -HO89 (d) TEXAS SHORT FORM RESIDENTIAL MORTGAGEE POLICY OF TITLE INSURANCE (Form T -2R) Policy Amount $ PROPOSED INSURED: Proposed Borrower: (e) MORTGAGEE TITLE POLICY BINDER ON INTERIM CONSTRUCTION LOAN (Form T -13) Binder Amount: $ PROPOSED INSURED: Proposed Borrower: (f) OTHER: Policy Amount: $ PROPOSED INSURED: 2. The interest in the land covered by this Commitment is: Fee Simple 3. Record Title to the land on the Effective Date appears to be vested in: GENERAL TELEPHONE COMPANY OF THE SOUTHWEST, a corporation 4. Legal description of land: See Exhibit "A" attached hereto and made a part hereof. First American Title Insurance Company Texas Commitment T -7 (Rev. 5 -1 -08) Valid Only if Schedule A, B, C, D and Cover are attached EXHIBIT "A" BEING 402 SQUARE FEET OF LAND SITUATED WITHIN THE E. A. CROW SURVEY, ABSTRACT NO. 301, DALLAS COUNTY, TEXAS, AND BEING A PORTION OF A TRACT OF LAND DESCRIBED TO GENERAL TELEPHONE COMPANY OF THE SOUTHWEST BY DEED RECORDED IN VOLUME 71011, PAGE 1961, DEED RECORDS, DALLAS COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING FROM A PK NAIL FOUND FOR THE NORTHWEST CORNER OF A TRACT OF LAND DESCRIBED TO H.T. ARDINGER, JR. BY DEED RECORDED IN VOLUME 80024, PAGE 676, DEED RECORDS, DALLAS COUNTY, TEXAS, SAME BEING ON THE EAST LINE OF SAID GENERAL TELEPHONE TRACT, AND ON THE SOUTH RIGHT - OF -WAY LINE OF SANDY LAKE ROAD (A VARIABLE WIDTH RIGHT -OF -WAY); THENCE NORTH 00 0 22'53" WEST, WITH THE EAST LINE OF SAID GENERAL TELEPHONE TRACT, A DISTANCE OF 15.11 FEET TO A 5/8 INCH CAPPED IRON ROD STAMPED "TNP" SET FOR THE POINT OF BEGINNING; THENCE NORTH 83 0 49'49" WEST, OVER AND ACROSS SAID GENERAL TELEPHONE TRACT, A DISTANCE OF 84.20 FEET TO A 5/8 INCH CAPPED IRON ROD STAMPED "TNP" SET ON THE EARTH LINE OF SAME, AND ON THE SOUTH RIGHT -OF -WAY LINE OF SAID SANDY LAKE ROAD; THENCE NORTH 89 0 37'07" EAST, WITH THE NORTH LINE OF SAID GENERAL TELEPHONE TRACT AND SAID SOUTH RIGHT -OF -WAY LINE, A DISTANCE OF 83.65 FEET TO THE NORTHEAST CORNER OF SAME; THENCE SOUTH 00 0 22'53" EAST, WITH SAID EAST LINE, A DISTANCE OF 9.61 FEET TO THE POINT OF BEGINNING AND CONTAINING 402 SQUARE FEET OF LAND, MORE OR LESS. Note: The Company is prohibited from insuring the area or quantity of the 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. First American Title Insurance Company Texas Commitment T -7 (Rev. 5 -1 -08) Valid Only if Schedule A, B, C, D and Cover are attached SCHEDULE B Commitment No. 1362024 -HO89 EXCEPTIONS FROM COVERAGE GF No. 1362024 -HO89 In addition to the Exclusions and Conditions and Stipulations, your Policy will not cover loss, costs, attorney's fees, and expenses resulting from: The following restrictive covenants of record itemized below: Any covenants, conditions or restrictions indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, or national origin are hereby deleted to the extent such covenants, conditions or restrictions violate 42 USC 3604 {c }. (See Item 10. a.) 2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments or protrusions, or any overlapping of improvements. 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.) Standby fees, taxes and assessments by any taxing authority for the year 2009, 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 2009 and subsequent years. ") 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 is furnished 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.) First American Title Insurance Company Texas Commitment T -7 (Rev. 5 -1 -08) Valid Only if Schedule A, B, C, D and Cover are attached 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 Insurance (T -2R) only. Separate exceptions 1 through 8 of this Schedule 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.): Item No. 1, Schedule B, is hereby deleted. b. Rights of Parties in Possession. (OWNER POLICY ONLY) C. Rights of tenants, as tenants only, under unrecorded leases or rental agreements. Visible and apparent easements on or across property described in Schedule A. e. Any portion of subject property lying within the boundaries of a public or private roadway whether dedicated or not. Rights to oil, gas and other minerals of every kind and character in, on and under the property described in Schedule A, together with the rights, privileges and immunities relating thereto. Easement: To: General Telephone Company of the Southwest Recorded: in Volume 71011, Page 1944, of the Deed records, of Dallas County, Texas. Purpose: Easement h. Easement: To: The City of Coppell, Texas Recorded: in Volume 73170, Page 797, of the Deed records, of Dallas County, Texas. Purpose: Easement Easement: To: The City of Coppell, Texas Recorded: in Volume 76089, Page 2478, of the Deed records, of Dallas County, Texas. Purpose: Easement j. Easement: To: City of Coppell, Texas Recorded: in Volume 79074, Page 209, of the Deed records, of Dallas County, Texas. Purpose: Easement First American Title Insurance Company Texas Commitment T -7 (Rev. 5 -1 -08) Valid Only if Schedule A, B, C, D and Cover are attached SCHEDULE C Commitment No. 1362024 -HO89 GF No. 1362024 -HO89 Your policy will not cover loss, costs, attorney's 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: Documents creating your title or interest must be approved by us and must be signed, notarized and filed for record. Satisfactory evidence must be provided that: - no person occupying the land claims any interest in that land against the persons named in paragraph 3 of Schedule A, - all standby fees, taxes, assessments and charges against the property have been paid, - all improvements or repairs to the property are completed and accepted by the owner, and that all contractors, sub - contractors, laborers, and suppliers have been fully paid, and that no mechanic's, laborer's or materialmen's liens have attached to the property, - there is legal right of access to and from the land, - (on a Mortgage Policy only) restrictions have not been and will not be violated that affect the validity and priority of the insured mortgage. 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. We find no outstanding voluntary liens of record affecting the subject property. An inquiry should be made concerning the existence of any unrecorded lien or other indebtedness which could give rise to any security interest in the subject property. NOTE: The right is reserved to make and insert additional exceptions and /or requirements based upon the review of the survey, up to and including the issuance of the Policy. First American Title Insurance Company Texas Commitment T -7 (Rev. 5 -1 -08) Valid Only if Schedule A, B, C, D and Cover are attached 9. ARBITRATION: The Owner Policy of Title Insurance (Form T -1), the Mortgagee Policy of Title Insurance Form (Form T- 2), and the Texas Short Form Residential Mortgagee Policy of Title Insurance (T -2R) contain an arbitration provision. It allows the insured or the Company to require arbitration if the amount of insurance is $2,000,000 or less. If the Insured wants to retain the right to sue the Company in case of a dispute over a claim, the Insured must request deletion of the arbitration provision before the Policy is issued. The Insured may do this by signing the Deletion of Arbitration Provision form and returning it to the Company at or before the closing of the real estate transaction or by writing to the Company. 10. Good Funds in an amount equal to all disbursements must be received and deposited before any funds may be disbursed. Partial disbursements prior to the receipt and deposit of good funds are not permitted. Good Funds means cash, wire transfer, certified checks, cashier's checks and teller checks. 11. In the event the transaction covered herein is a refinance transaction the borrower may be entitled to use a prior survey subject to title company requirements. NOTE: In the event that the lien as shown on Schedule A is a conventional loan the following applies. In the Mortgagee Policy of Title Insurance to be issued, Schedule A, Item 1, shall read as follows: , and each successor in ownership of the indebtedness secured by the insured mortgage, except a successor who is an obligor under the provisions of Section 12(c) of the Conditions and Stipulations. NOTICE: Escrow Agent (i) has no liability on a check until the check has cleared; (ii) sball not be liable for any interest or other charge on the Earnest Money and sball be under no duty to invest or re- invest funds held by it at any time unless otherwise agreed in writing; and (iii) may not receive financial benefits from depository institutions based, in whole or in part, on the maintenance of escrow deposits which may or may not include the Earnest Money described herein, First American Title Insurance Company By. Authorized Countersignature ( /KS ) First American Title Insurance Company Texas Commitment T -7 (Rev. 5 -1 -08) Valid Only if Schedule A, B, C, D and Cover are attached First American Title Insurance Company SCHEDULE D The following disclosures are made pursuant to Procedural Rule P -21 promulgated by the State Board of Insurance: 1. UNDERWRITER: First American Title Insurance Company, a California corporation. Shareholder owning or controlling, directly or indirectly, ten percent or more of the shares of First American Title Insurance Company: Wholly owned subsidiary of The First American Financial Corporation, a public company. Directors of First American Title Insurance Company: Timorthy V. Kemp; Dennis J. Gilmore;James Mark Harmsworth and Jeffrey S. Robinson Officers of First American Title Insurance Company: Chairman of the Board, Parker S. Kennedy; Vice Chairman, D.P. Kennedy; Vice Chairman, Gary L. Kermott; President, Dennis J. Gilmore; Executive Vice President, John N. Casbon; Senior Vice President & General Counsel, Timothy P. Sullivan; Vice President & Secretary, Timothy V. Kemp; Senior Executive Vice President, John M. Hollenbeck; Chief Financial Officer, James M. Harmsworth,; and Counsel & Assistant Secretary, Jeffrey S. Robinson 2. AGENT: (APPLICABLE TO THE FOLLOWING DIRECT OPERATIONS): First American Title Insurance Company - Austin Division First American Title Insurance Company - El Paso Division First American Title Insurance Company - Houston Division First American Title Insurance Company - Tyler Division First American Title Insurance Company - Corpus Christi Division First American Title Insurance Company - Fort Worth Division First American Title Insurance Company - San Antonio Division First American Title Insurance Company - Waco Division 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 %) or more of the Title Insurance Agent: The First American Corporation If the Title Insurance Agent is a corporation, the following is a list of the members of the Board of Directors: D.P. Kennedy, Parker S. Kennedy, Gary J. Beban, J. David Chatham, William G. Davis, James L. Doti, Lewis W. Douglas, Jr., Paul B. Fay, Jr., Frank E. O'Bryan, Roslyn B. Payne, D. Van Skilling, Herbert B. Tasker and Virginia M. Ueberroth If the Title Insurance Agent is a corporation, the following is a list of its officers Chairman of the Board: Parker S. Kennedy; President: Criag I. DeRoy; Senior Executive Vice President and Chief Financial Officer: Dennis J. Gilmore; Executive Vice President, Lender Services: Curt A. Caspersen; Executive Vice President, Technology: John M. Hollenbeck; Executive Vice President, Title Insurance and Services: Gary L. Kermott; Senior Vice President and General Counsel: Kenneth D. DeGiorgio; Senior Vice President and Chief Information Officer: Roger S. Hull; Senior Vice President and National Litigation Counsel: Timoth P. Sullivan; Vice President, Secretary and Corporate Counsel: Mark R. Arnesen; Vice President, Corporate Communications: Jo Etta Bandy; Vice President Regulatory Counsel and Special Counsel: James J. Dufficy; Vice President and Controller: Paul W. Knutson "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 a portion 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 Policy Mortgagee Policy Endorsement Charges Total Of this total amount $ or 15 % (complete only one) will be paid to the policy issuing Title Insurance Company; $ or % (complete only one) will be retained by the issuing Title Insurance Agent; and the remainder of the estimated premium * will be paid to other parties as follows: Amount To Whom For 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." AIM 1 G.F. NO. 1362024 -HO89 First American POLICY NO. DELETION OF ARBITRATION PROVISION First American Title Insurance Company Texas Commitment T -7 (Rev. 5 -1 -08) Valid Only if Schedule A, B, C, D and Cover are attached (Not applicable to the Texas Residential Owner Policy) Arbitration is a common form of alternative dispute resolution. It can be a quicker and cheaper means to settle a dispute with your Title Insurance Company. However, if you agree to arbitrate, you give up your right to take the Title Company to court and your rights to discovery of evidence may be limited in the arbitration process. In addition, you cannot usually appeal an arbitrator's award. Your policy contains an arbitration provision (shown below). It allows you or the Company to require arbitration if the amount of insurance is $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 First American Title Insurance Company Texas Commitment T -7 (Rev. 5 -1 -08) Valid Only if Schedule A, B, C, D and Cover are attached C First American Title Company Privacy Policy . Am We Are Committed to Safeguarding Customer Information In order to better serve your needs now and in the firture, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information — particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, together with our parent company, The First American Corporation, we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern our use of personal information regardless of its source. First American calls these guidelines its Fair Information I'alues, a copy of which can be found on our website at www.firstam.com. Types of Information Depending upon which of our services you are utilizing the types of nonpublic personal information that we may collect include: Information we receive from you on applications, forms and in other communications to us, whether in writing in person, by telephone or any other means; • Information about your transactions with us, our affiliated companies, or others; and • Information we receive from a consumer reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies, and escrow companies. Furthermore, we may also provide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy and First American's Fair Information I'alues. We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to ward your nonpublic personal information. OO 2001 The First American Corporation • Al Rights Reserved First American Title Insurance Company Texas Commitment T -7 (Rev. 5 -1 -08) Valid Only if Schedule A, B, C, D and Cover are attached 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, Stipulations and Exclusions. TEXAS TITLE INSURANCE INFORMATION Title insurance insures you against loss resulting from certain risks to your title. El seguro de ttulo le asegura en relaci6n a perdidas resultantes de ciertos riesgos que pueden afectar el ttulo de su propiedad. 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 El Compromiso para Seguro de Titulo es la promesa de la compania should review it carefully to completely understand it before your closing date. aseguradora de ttulos de emitir la p6liza de seguro de ttulo. El Compromiso es un documento legal. Usted debe leerlo cuidadosamente y entenderlo completamente antes de la fecha para finalizar su transacci6n. Your Commitment for Title Insurance is a legal contract between you and us. The Commitment is not an opinion or report of your title. It is a contract to issue you a policy subject to the Commitment's terms and requirements. Before issuing a Commitment for Title Insurance (the Commitment) or a Title Insurance Policy (the Policy), the Title Insurance Company (the Company) determines whether the title is insurable. This determination has already been made. Part of that determination involves the Company's decision to insure the title except for certain risks that will not be covered by the Policy. Some of these risks are listed in Schedule B of the attached Commitment as Exceptions. Other risks are stated in the Policy as Exclusions. These risks will not be covered by the Policy. Another part of the determination involves whether the promise to insure is conditioned upon certain requirements being met. Schedule C of the Commitment lists these requirements that must be satisfied or the Company 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 Exceptions, Exclusions and Conditions, defined below. - EXCEPTIONS are title risks that a Policy generally covers but does not cover in a particular instance. Exceptions are shown on Schedule B or discussed in Schedule C of the Commitment. They can also be added if you do not comply with the Requirements section of the Commitment. When the Policy is issued, all Exceptions will be on Schedule B of the Policy. - EXCLUSIONS are title risks that a Policy generally does not cover. Exclusions are contained in the Policy but not shown or discussed in the Commitment. - CONDITIONS are additional provisions that qualify or limit your coverage. Conditions include your responsibilities and those of the Company. They are contained in the Policy but not shown or discussed in the Commitment. The Policy Conditions are not the same as the Commitment Conditions. You can get a copy of the policy form approved by the State Board of Insurance by calling the Title Insurance Company at 1- 800 - 347 -7826 or by calling the title insurance agent that issued the Commitment. The State Board of Insurance may revise the policy form from time to time. You can also get a brochure that explains the policy from the Texas Department of Insurance by calling 1- 800 - 252 -3439. Before the Policy is issued, you may request changes in the policy. Some of the changes to consider are: -- 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 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. 28 TAC §1.601(a)(3) IMPORTANT NOTICE To obtain information or make a complaint: You may contact First American Title Company at (281)588 -2200. You may call First American Title Insurance Company's toll -free telephone number for information or to make a complaint at: 1- 800 - 347 -7826 You may also write to First American Title Insurance Company at: "ISO IMPORTANTE Para obtener informacion o para someter una queja: Puede comunicarse con su contact First American Title Company al (281)588 -2200. Usted puede Ilamar al numero de telefono gratis de First American Title Insurance Company's para informacion o para someter una queja al: 1- 800 - 347 -7826 Usted tambien puede escribir a First American Title Insurance Company al: 1500 S. Dairy Ashford, Suite 300 Houston, Texas 77077 -9857 1500 S. Dairy Ashford,Suite 300 Houston, Texas 77077 -9857 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: Puede comunicarse con el Departamento de Seguros de Texas para obtener informacion acerca de companias, coberturas, derechos o quejas al: 1- 800 - 252 -3439 1- 800 - 252 -3439 Puede escribir al Departamento de Seguros de Texas: You may write the Texas Department of Insurance: P.O. Box 149104 Austin, Texas 78714 -9104 Fax: (512) 475 -1771 Web: http: / /www.tdi.state.tx.us E -mail: ConsumerProtection @tdi.state.tx.us PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact or First American Title Insurance Company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. P.O. Box 149104 Austin, Texas 78714 -9104 Fax: (512) 475 -1771 Web: http: / /www.tdi.state.tx.us E -mail: ConsumerProtection @tdi.state.tx.us DISPUTAS SOBRE PRIMAS O RECLAMOS: Si tiene una disputa concerniente a su prima o a un reclamo, debe comunicarse con el o First American Title Insurance Company primero. Si no se resuelve la disputa, puede entonces comunicarse con el departamento (TDI). UNA ESTE "ISO A SU POLIZA: Este aviso es solo para proposito de informacion y no se convierte en parte o condicion del documento adjunto.