HomeMy WebLinkAbout1995-262J:\WPD0CS\0RD\SULLIVAN.0RD
ORDINANCE NO. 95-4,6
AN ORDINANCE AUTHORIZING THE ACTING CITY MANAGER TO EXECUTE A REAL
ESTATE CONTRACT WITH ROGER C. SULLIVAN AND ROGER C. SULLIVAN
COMPANY, A TEXAS CORPORATION FOR THE PURCHASE OF APPROXIMATELY 134
ACRES OF LAND FOR FUTURE EXPANSION OF THE CITY OF DENTON LANDFILL;
AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND DECLARING AN
EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 2. That the Acting City Manager is hereby authorized
to execute a Real Estate Contract with Roger C. Sullivan and Roger
C. Sullivan Company, a Texas corporation for the purchase of
approximately 134 acres of land for the future expansion of the
City of Denton landfill, a copy of which is attached hereto and
incorporated by reference herein.
SECTION II. That the City Council hereby authorizes the expen-
diture of funds in the manner and amount as specified in the
agreement.
SECTION III. That this ordinance shall become effective imme-
diately upon its passage and approval. [ c�
PASSED AND APPROVED this the /%_ _ day of�1LY�? 19 N -
I I �
O •'
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
r BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
Exhibit B
REAL ESTATE CONTRACT
STATE OF TEXAS
COUNTY OF DENTON
THIS CONTRACT OF SALE is made by and between ROGER C. SULLIVAN,
(hereinafter referred to as "Seller") and CITY OF DENTON, TEXAS, a
home rule municipality, of Denton, Denton County, Texas, (herein-
after referred to as "Purchaser"), upon the terms and conditions
set forth herein.
PURCHASE AND SALE
Seller hereby sells and agrees to convey, and Purchaser hereby
purchases and agrees to pay for, the tract of land containing ap-
proximately 134 more of less acres of land situated in Denton
County, Texas, being more particularly described in Exhibit A at-
tached hereto and incorporated herein by reference for all purposes
together with all and singular the rights and appurtenances per-
taining to the property, including any right, title and interest of
Seller in and to adjacent streets, alleys or rights -of -way (all of
such real property, rights, and appurtenances being hereinafter
referred to as the "Property"), together with any improvements,
fixtures, and personal property situated on and attached to the
Property, for the consideration and upon and subject to the terms,
provisions, and conditions hereinafter set forth.
PURCHASE PRICE
1. Amount of Purchase Price.
erty shall be the sum of ONE M
AND NO1100 Dollars ($1 005.500.0
The purchase price for the Prop-
2. Payment of Purchase Price. The full amount of the Purchase
Price shall be payable in cash at the closing.
PURCHASER'S OBLIGATIONS
The obligations of Purchaser hereunder to consummate the trans-
actions contemplated hereby are subject to the satisfaction of each
of the following conditions any of which may be waived in whole or
in part by Purchaser at or prior to the closing.
1. Preliminary Title Report. Within
the date hereof, Seller, at Seller's sole
have caused the Title Company (hereinafter
twenty (20) days after
cost and expense, shall
defined) to issue a
preliminary title report (the "Title Report") accompanied by copies
of all recorded documents relating to easements, rights -of -way,
etc., affecting the Property. Purchaser shall give Seller written
notice on or before the expiration of ten (10) days after Purchaser
receives the Title Report that the condition of title as set forth
in the title binder is or is not satisfactory, and in the event
Purchaser states the condition is not satisfactory, Seller shall,
at Seller's option, promptly undertake to eliminate or modify all
unacceptable matters to the reasonable satisfaction of Purchaser.
In the event Seller is unable to do so within ten (10) days after
receipt of written notice, this Agreement shall thereupon be null
and void for all purposes and the Escrow Deposit shall be forthwith
returned by the Title Company to Purchaser; otherwise, this condi-
tion shall be deemed to be acceptable and any objection thereto
shall be deemed to have been waived for all purposes.
2. Survey. Upon written request by Purchaser delivered to
Seller contemporaneously with Purchaser's delivery of an executed
original of this Agreement, Seller shall within twenty (20) days
from the date hereof, at Purchaser's sole cost and expense, deliver
to Purchaser a current survey of the Property, prepared by a duly
licensed Texas land surveyor acceptable to Purchaser. The survey
shall be staked on the ground, and shall show the location of all
improvements, highways, streets, roads, railroads, rivers, creeks,
or other water courses, fences, easements, and rights -of -way on or
adjacent to the Property, if any, and shall contain the surveyor's
certification that there are no encroachments on the Property and
shall set forth the number of total acres comprising the Property,
together with a metes and bounds description thereof.
Purchaser will have ten (10) days after receipt of the survey
to review and approve the survey. In the event the survey is un-
acceptable, then Purchaser shall within the ten (10) day period,
give Seller written notice of this fact. Seller shall, at Seller's
option, promptly undertake to eliminate or modify the unacceptable
portions of the survey to the reasonable satisfaction of Purchaser.
In the event Seller is unable to do so within ten (10) days after
receipt of written notice, Purchaser may terminate this Agreement,
and the Agreement shall thereupon be null and void for all purposes
and the Escrow Deposit shall be returned by the Title Company to
Purchaser. Purchaser's failure to give Seller this written notice
shall be deemed to be Purchaser's acceptance of the survey.
3. Seller's Compliance. Seller shall have performed, ob-
served, and complied with all of the covenants, agreements, and
conditions required by this Agreement to be performed, observed,
and complied with by Seller prior to or as of the closing.
REPRESENTATIONS AND WARRANTIES OF SELLER
Seller hereby represents and warrants to Purchaser as follows,
which representations and warranties shall be deemed made by Seller
Page 2
to Purchaser also as of the closing date:
1. There are no parties in possession of any portion of the
Property as lessees, tenants at sufferance, or trespassers;
2. Except for the prior actions of Purchaser, there is no
pending or threatened condemnation or similar proceeding or as-
sessment affecting the Property, or any part thereof, nor to the
best knowledge and belief of Seller is any such proceeding or
assessment contemplated by any governmental authority;
3. Seller has complied with all applicable laws, ordinance,
regulations, statutes, rules and restrictions relating to the Prop-
erty, or any part thereof;
4. There are no toxic or hazardous wastes or materials on or
within the Property. Such toxic or hazardous wastes or materials
include, but are not limited to, hazardous materials or wastes as
same are defined by the Resource Conservation and Recovery Act
(RCRA), as amended, and the Comprehensive Environmental Response
Compensation and Liability Act (CERCLA), as amended. In the event
any such toxic or hazardous wastes or materials are found upon the
Property, Seller shall be responsible for the expense of removal of
these wastes or materials upon receipt of written notice of the
presence of these wastes or materials or Seller may terminate this
contract and return to Purchaser the compensation paid by Purchaser
to Seller.
CLOSING
The closing shall be held at the office of Safeco Land Title,
625 Dallas Drive Denton, Texas, on or before
or at such time, date, and place as Seller and
ally agree upon (which date is herein referred
date").
CLOSING REQUIREMENTS
Purchaser may mutu-
to as the "closing
1. Seller's Requirements. At the closing Seller shall:
A. Deliver to Purchaser a duly executed and acknowledged
General Warranty Deed conveying good and marketable title in fee
simple to all of the Property, free and clear of any and all liens,
encumbrances, conditions, easements, assessments, and restrictions,
except for the following:
1. General real estate taxes for the year
of closing and subsequent years not yet
due and payable;
2. Any exceptions approved by Purchaser
pursuant to PURCHASER'S OBLIGATIONS here-
of; and
Page 3
3. Any exceptions approved by Purchaser
in writing.
B. Deliver to Purchaser a Texas Owner's Title Policy at
Seller's sole expense, issued by Safeco Land Title ,
(the "Title Company") in Purchaser's favor in the full amount of
the purchase price, insuring Purchaser's fee simple title to the
Property subject only to those title exceptions listed in CLOSING
REQUIREMENTS hereof, such other exceptions as may be approved in
writing by Purchaser, and the standard printed exceptions contained
in.the usual form of Texas owner's Title Policy, provided, however:
1. The boundary and survey exceptions
shall be deleted if required by Purchaser
and if so required, the costs associated
with same shall be borne by Purchaser;
2. The exception as to restrictive cove-
nants shall be endorsed "None of Record";
3. The exception as to the lien for taxes
shall be limited to the year of closing
and shall be endorsed "Not Yet Due and
Payable"; and
4. The exception as to liens encumbering
the Property shall be endorsed "None of
Record".
C. Deliver to Purchaser possession of the Property.
2. Purchaser's Requirements. Purchaser shall pay the full
cash purchase price to Seller at Closing in immediately available
funds.
3. Closing Costs. Through the date of Closing, Purchaser
shall only be responsible for the payment of taxes assessed by the
City of Denton and, Seller shall pay all taxes assessed by any
other tax jurisdiction through the date of Closing. Any taxes
imposed, assessed or arising because of a change of use of the
Property after closing by Purchaser shall be the responsibility of
Purchaser. In particular, Seller shall not be responsible for
rollback tax liability to any tax jurisdiction resulting from
Purchaser's change of the use of the property from agricultural
uses to sanitary landfill uses.
All other costs and expenses of closing in consummating the
sale and purchase of the Property not specifically allocated herein
shall be equally shared by Purchaser and Seller, however, Pur-
chaser's share of such costs and expenses shall in no event exceed
Five Hundred and No/100 Dollars ($ 500.00 ).
Page 4
REAL ESTATE COMMISSION
All real estate commissions occasioned by the consummation of
this Agreement shall be the sole responsibility of Seller, and
Seller agrees to indemnify and hold harmless Purchaser from any and
all claims for these commissions.
BREACH BY SELLER
In the event Seller shall fail to fully and timely perform any
of its obligations hereunder or shall fail to consummate the sale
of the Property except in the event of Purchaser's default, Pur-
chaser may either enforce specific performance of this Agreement or
terminate this Agreement.
BREACH BY PURCHASER
In the event Purchaser should fail to consummate the purchase
of the Property, the conditions to Purchaser's obligations set
forth in the Section entitled PURCHASER'S OBLIGATIONS having been
satisfied and Purchaser being in default Seller may either enforce
specific performance of this Agreement, or terminate this Agree-
ment.
MISCELLANEOUS
1. Assignment of Agreement. This Agreement may not be as-
signed by Purchaser without the express written consent of Seller.
2. Survival of Covenants. Any of the representations, war-
ranties, covenants, and agreements of the parties shall survive the
closing and shall not be merged therein.
3. Notice. Any notice required or permitted to be delivered
hereunder shall be deemed received when sent by United States mail,
postage prepaid, certified mail, return receipt requested, address-
ed to Seller or Purchaser, as the case may be, at the address set
forth beneath the signature of the party.
4. Texas Law to Apply. This Agreement shall be construed
under and in accordance with the laws of the State. of Texas, and
all obligations of the parties created hereunder are performable in
Denton County, Texas.
5. Parties Bound. This Agreement shall be binding upon and
inure to the benefit of the parties and their respective heirs,
executors, administrators, legal representatives, successors and
assigns where permitted by this Agreement.
6. Legal Construction. in case any one or more of the provi-
sions contained in this Agreement shall for any reason be held to
Page 5
be invalid, illegal, or unenforceable in any respect, said inval-
idity, illegality, or unenforceability shall not affect any other
provision hereof, and this Agreement shall be construed as if the
invalid, illegal, or unenforceable provision had never been con-
tained herein.
7. Prior Agreements Superseded. This Agreement constitutes
the sole and only agreement of the parties and supersedes any prior
understandings or written or oral agreements between the parties
respecting the within subject matter.
S, Time of Essence. Time is of the essence in this Agreement.
9. Gender. Words of any gender used in this Agreement shall
be held and construed to include any other gender, and words in the
singular number shall be held to include the plural, and vice
versa, unless the context requires otherwise.
lo. Memorandum of Contract. Upon request of either party,
both parties shall promptly execute a memorandum of this Agreement
suitable for filing of record.
11. Compliance. In accordance with the requirements of the
Texas Real Estate License Act, Purchaser is hereby advised that it
should be furnished with or obtain a policy of title insurance or
Purchaser should have the abstract covering the Property examined
by an attorney of Purchaser's own selection.
12. mime Limit. In the event a fully executed copy of this
Agreement has not been returned to Purchaser within five (5) days
after Purchaser executes this Agreement and delivers same to Sel-
ler, Purchaser shall have the right to terminate this Agreement
upon written notice to Seller.
DATED this day of 19 Jam^
SELLER
ROGER C. SULLIVAN COMPANY,
a Texas Corporation
BY:
Roger C. Sullivan, President
Roger C. Sull' , Indiv d al1l
and as Agent andl�orney-in-F�ac tort'
Roger C. Sullivan, Jr., Gregory M. Sullivan,
Timothy H. Sullivan and Mary M. Sullivan
Page 6
30191.M11
Cafebe-Denton
STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON
THAT the ROGER C. SULLIVAN COMPANY, acting herein by and through its duly
authorized officer, Roger C. Sullivan, whose address if 5949 Sherry Lane, Suite 115, Dallas,
Texas, 75225; ROGER C. SULLIVAN, Individually, a married man not joined by my wife, as
the property herein conveyed constitutes no part of our business or residential homestead, and
ROGER C. SULLIVAN, Agent and Attorney in Fact for Roger C. Sullivan, Jr. whose address
is 4930 Sedgwick St., N. W. Washington, DC 20016, District of Columbia, Gregory M.
Sullivan, 902 East 13th St., Delta, Colorado, 81416, County, Colorado; Timothy
H. Sullivan, c/o Augusta Proll, 517 Geneseo, San Antonio, Texas, 78209, and Mary M.
Sullivan, 4848 Pin Oak Park #1007, Houston, Texas, 77018, Harris County, Texas, in
consideration of the sum of TEN AND NO/100 ($10.00) DOLLARS, to said Grantors in hand
paid by the Grantee herein named, the receipt of which is hereby acknowledged, have
GRANTED, SOLD AND CONVEYED and by these presents do GRANT, SELL AND
CONVEY unto CITY OF DENTON, a home rule municipality, of Denton County, Texas,
whose address is 215 E. McKinney, Denton, Texas, 76201, to all that certain property situated
in Denton County, Texas, described as follows, to -wit:
Being all that certain lot, tract or parcel of land situated in the G. Walker Survey,
Abstract No. 1330, Denton County, Texas, and being the same called 144.6 acre tract
conveyed by Henry Wilds and wife, Julius Opitz on September 27, 1909, as shown of
record in Volume 114, Page 84, Deed Record, Denton County, Texas; and being more
particularly described as follows:
BEGINNING at the Southeast corner of the above mentioned 144.6 acre tract;
THENCE North 86 deg. 36 min. 24 sec. West, along and near a fence part of the way
and along the middle of a public road, 3505.55 feet to a point in the right-of-way of
Mayhill Road, point also being on the West boundary line of said Walker survey;
THENCE North 03 deg. 36' min. 50 sec. East, in said right of way of said Mayhill Road
and along the West boundary line of said Walker Survey, 1797.22 feet to a point for
corner;
THENCE South 86 deg. 28 min. 30 sec. East, along or near a fence 3494.44 feet to a
fence corner;
THENCE South 03 deg. 15 min. 32 sec. West, along or near a fence, 1789.19 feet to
the PLACE OF BEGINNING.
SAVE AND EXCEPT THE FOLLOWING TRACT OF LAND
Being a tract of land situated in the G. WALKER SURVEY, ABSTRACT NO. 1330,
Denton County, Texas, and being a part of the tract described in the Deed from Gary
Hancock to Roger C. Sullivan and Robert H. Heiser recorded in Volume 970, Page 88,
Deed Records, Denton County, Texas; the subject tract being more particularly described
as follows:
BEGINNING for the Southwest corner of the tract being described herein, at an 1/2 inch
iron rod set in Edwards Road in the occupied South line of the Sullivan and Heiser tract
South 88 deg. 29 min. 00 sec. East, a distance of 707.75 feet from the apparent
Southwest corner thereof and also being in North line of Allan Estate Mobile Home Park,
as shown by the Plat thereof recorded in Cabinet C, Page 383, Plat Records, Denton
County, Texas;
THENCE North 01 deg. 31 min. 00 sec. East, passing at 15.0 feet a 1/2 inch iron rod
set under a gate in a fence along the North side of Edwards Road and continuing in al
a total distance of 660.00 feet to a 1/2 inch iron road set for the Northeast corner of the
herein described tract;
THENCE South 88 deg. 29 min. 00 sec. East, parallel with the South line of Sullivan
and Heiser tract, a distance of 660.00 feet to a 1/2 inch iron rod set for the Northeast
comer of the herein described tract;
THENCE South 01 deg. 31 min. 00 sec. West, a distance of 660.00 feet to a 1/2 inch
iron rod set for the Southeast corner of the herein described tract in the South line of the
Sullivan and Heiser tract in the remains of an old fence line about 12 feet South of a
standing fence;
THENCE North 88 deg. 29 min. 00 sec. West, with the South line of the Sullivan and
Heiser tract along Edwards Road part of the way, a distance of 660.00 feet to the PLACE
OF BEGINNING.
THIS CONVEYANCE IS MADE AND ACCEPTED SUBJECT to the following:
1. Easement granted by L. W. Opitz to Brazos River Transmission Electric
Cooperative, Inc., dated June 3, 1947, filed October 24, 1949, recorded in
Volume 357, Page 62, Deed Records, Denton County, Texas.
2. Easement granted by Mrs. L. W. Opitz to Denton County Electric Cooperative,
Inc., dated November 26, 1948, filed March 16, 1949, recorded in Volume 336,
Page 591, Deed Records, Denton County, Texas.
3. Easement granted by Mrs. L. W. Opitz to City of Denton, Texas, dated
December 19, 1960, filed February 3, 1961, recorded in Volume 464, Page 191,
Deed Records, Denton County, Texas.
4. Easement granted by Roger C. Sullivan, Individually and as Attorney -in -Fact for
Roger C. Sullivan, Jr., Gregory M. Sullivan, Timothy H. Sullivan and Mary M.
Sullivan to City of Denton, Texas, dated January 27, 1982, filed January 29,
1982, recorded in Volume 1123, Page 955, Deed Records, Denton County,
Texas.
Terms and Provisions of Agreement executed by and between Roger C. Sullivan
and City of Denton, dated April 7, 1993, filed November 10, 1994, recorded in
the Official Public Records of Real Property, Denton County, Texas, as County
Clerk's Instrument No. 94-R0085893.
6. All visible and apparent easements and all underground easements, the existence
of which may arise by virtue of unrecorded grant or by use.
7. Any portion of the subject property lying within the bounds of any public or
private road.
8. Rights of Parties in Possession.
TO HAVE AND TO HOLD the said premises, together with all rights, hereditaments and
appurtenances thereto belonging, unto the said Grantee above named, its successors and assigns
forever. And the undersigned hereby binds its successors and assigns, myself, my heirs,
executors and administrators to WARRANT AND FOREVER DEFEND the title to said property
unto the said Grantee above named, its successors and assigns, against every person whomsoever
lawfully claiming or to claim the same, or any part hereof.
EXECUTED this 2nd day of January, 1996.
C. SULLIVAN
Roger C Sullivan, Individually and as Agent
and Attorney in Fact for Roger C. Sullivan,
Jr., Gregory M. Sullivan, Timothy H.
Sullivan and Mary M. Sullivan
STATE OF TEXAS
COUNTY OF DALLAS
This instrument was acknowledged before me on _____day of January, 1996, by
Roger C. Sullivan, President of Roger C. Sullivan Company on behalf of the corporation and
in the capacity herein stated.
W:MNDERPOOLbliczasros 3.8•G7
STATE OF TEXAS
r
My Commission Expires:
COUNTY OF DALLAS
This instrument was acknowledged before me on—LI—day of January, 1996 by
Roger C. Sullivan, Individually and as Agent and Attorney in Fact for Roger C. Sullivan, Jr.,
Gregory M. Sullivan, Timothy H. Sullivan and Mary MINSullivan, in the capacity herein stated.
EM
NDERPOOLbIICota Public
xos rylres 3.8-97 Printed Name:
My Commission Expires:
Return to:
The City of Denton
215 D. McKinney St.
Denton, TX 76202
Attn: Roger Wilkinson
I flit
JAN 0
Filed fOP Record in.
DENTmi COUNTY Tx
HONDRAPLE TIM9HODGEO/COUNTY
CLERK
On Jan 03 1996
At
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SAFECO LAND TITLE OF DENTON COUNTY
930 WEST MAIN STREET, LEWISVILLE, TX 75067
214-436-4573
(AAG�"
City of Denton
215 E. McKinney
Denton, Texas 76201
Dear Sirs:
In connection with the transaction we recently closed for you, we are pleased to enclose your Owner's
Policy of Title Insurance. Your Deed has been filed for record With the County Clerk and will be
returned to you directly from that office.
A special file has been set up which will enable us to offer you excellent service in any future
transaction regarding this property. In the event you desire to sell, improve or refinance in the future,
contact us immediately and we will expedite handling your title insurance needs.
We want to take this opportunity to thank you for your business and hope that you will call on us if
we may be of any further service to you in the future.
Sincerely,
SAF CO LAND TITLE OF DENTON COUNTY
Terry Rabe s____
Policy Department
Encls.
SECURITY UNION
Title. Insurance Company
OWNER POLICY OF TITLE INSURANCE
44 0969 100 8352
SECURITY UNION TITLE INSURANCE COMPANY
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN
SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, Security Union Title Insurance Company, a California
exceding corporation, herein Amount of Insurancthe e stated in Schedulas ofeA, sustaate of ined or incurred curr dwn in cby tthe insured by reason of:ainst loss or damage, not
1. Title to the estate or interest described in Schedule A being vested other than as stated therein;
2. Any defect in or lien or encumbrance on the title;
3. Any statutory or constitutional mechanic's, contractor's, or materialman's lien for labor or
material having its inception on or before Date of Policy;
4. Lack of a right of access to and from the land;
5. Lack of a good and indefeasible title.
The Company also will pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but
only to the extent provided in the Conditions and Stipulations.
In Witness Hereof, SECURITY UNION TITLE INSURANCE COMPANY has caused this policy to be executed by its
President under the seal of the Company, but this policy is to be valid only when it bears an authorized countersignature,
as of the date set forth in Schedule A.
ISSUED BY:
SAFECO Land Title of Denton County
625 Dallas Drive, #100 SECURITY UNION TITLE INSURANCE COMPANY _
Denton, Texas 76205 By.
(817) 566-5263
R
i '•, ?i President
Gyp %rrn By:
Authorized Signatory 12 CtiL� � •
Secretary
OWNER POLICY OF TITLE INSURANCE
Reorder Form No. 12655 (Rev. 1/93)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the
occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the
dimensions orareaof the land oranyparcel ofwhich the land is orwas a pan; or ftv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations,
except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in
the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation
or alleged violation affecting the land has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking that has occurred prior
to Date of Policy which would be binding on the rights of a purchaser for value without knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant
prior to the date the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy;
(e) resulting in loss or damage that would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy.
4. The refusal of any person to purchase, lease or lend money on the estate or interest covered hereby in the land described in Schedule A because of u n marketability of the title.
5. Any claim which arises out of the transaction vesting in the person named in paragraph 3 of Schedule A the estate or interest insured by this policy, by reason of the operation of federal
bankruptcy, state insolvency, or other state or federal creditors' rights laws that is based on either (i) the transaction creating the estate or interest of the insured by this Policy being deemed a
fraudulent conveyance or fraudulent transfer or a voidable distribution or voidable dividend, (ii) the subordination or recharacterization of the estate or interest being insured by this Policy as a
result of the application of the doctrine of equitable subordination or (iii) the transaction creating the estate or interest insured by this Policy being deemed a preferential transfer except where
the preferential transfer results from the failure of the Company or its issuing agent to timely file for record the instrument of transfer to the Insured after delivery or the failure of such recordation
to impart notice to a purchaser for value or a judgement or lien creditor,
1. DEFINITION OF TERMS CONDITIONS AND STIPULATIONS
The following terms when used in this policy mean:
(a) 'insured": the insured named in Schhedule A, and, subject to any rights or defenses the Company would have had against the named insured, those who succeed to the
interest of the named insured by operation of law as distinguished from purchase including, but not limited to, heirs, distributees, devices, survivors, personal representatives, next
of kin, or corporate, partnership or fiduciary successors, and specifically, without limitation, the following:
(i) the successors in interest to a corporation resulting from merger or consolidation or the distribution of the assets of the corporation upon partial or complete liquidation;
a) the partnership successors in interest to a general or limited partnership which dissolves but does not terminate;
iii) the successors in interest to a general or limited partnership resulting from the distribution of the assets of the general or limited partnership upon partial or complete
liquidation;
(iv) the successors in interest to a joint venture resulting from the distribution of the assets of the joint venture upon partial or complete liquidation;
(v) the successor or substitute trustee(s) of a trustee named in a written trust instrument; or
(vi) the successors in interest to a trustee or trust resulting from the distribution of all or part of the assets of the trust to the beneficiaries thereof.
(b) "insured claimant": an insured claiming loss or damage.
(c) "knowledge" or "known": actual knowledge, not constructive knowledge or notice that may be imputed to an insured by reason of the public records as defined in this policy
or any other records which impart constructive notice of matters affecting the land.
(d) "land": the land described or referred to in Schedule A, and improvements affixed thereto that by law constitute real property. The term "land" does not include any property
I beyond the linesof the area described or reffernecto in ScheduleA, norany right, title, interest, estate oreasementin abutting streets, roads, avenues, alleys, lanes, ways or waterways,
but nothing herein shall modify or limit the extent to which a right of access to and from the land is insured by this policy.
(e) "mortgage": mortgage, deed of trust, trust deed, or other security instrument.
(f) "public records': records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers
for value and without knowledge. With respect to Section 1(a)()v) of the Exclusions From Coverage, "public records" also shall include environmental protection (lens filed in the
records of the clerk of the United States district court for the district in which the land is located.
(g) "access": legal right of access to the land and not the physical condition of access. The coverage provided as to access does not assure the adequacy of access for the
use intended.
2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE
The coverage of this policy shall continue in force as of Date of Policy in favor of an insured only so long as the insured retains an estate or interest in the land, or holds an
indebtedness secured by a purchase money mortgage given by a purchaser from the insured, or only so long as the insured shall have liability by reason of covenants of warranty
made by the insured in any transfer or conveyance of the estate or interest. This policy shall not continue in force in favor of any purchaser from the insured of either (i) an estate
or interest in the land, or (ii) an indebtedness secured by a purchase money mortgage given to the insured.
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT
TheinsuredshallnotifytheCompanypromptlyinwriting(i) incase of anyliffigation assetforth in Section4(a) below, or (ii) in case knowledge shall cometoan insured hereunder
of any claim of title or interest that is adverse to the title to the estate or interest, as insured, and that might cause loss or damage for which the Company may be liable by virtue
of this policy. If prompt notice shall not be given to the Company, then as to the insured all liability of the Company shall terminate with regard to the matter or matters for which
prompt notice is required; provided, however; that failure to notify the Company shall in no case prejudice the rights of any insured under this policy unless the Company shall
be prejudiced by the failure and then only to the extent of the prejudice.
When, after the date of the policy, the insured notifies the Company as required herein of a lien, encumbrance, adverse claim or other defect in title to the estate or interest
in the land insured by this policy that is not excluded or excepted from the coverage of this policy, the Company shall promptly investigate the charge to determine whether the
lien, encumbrance, adverse claim or defect is valid and not barred by law or statute. The Company shall notify the insured in writing, within a reasonable time, of its determination
as to the validity or invalidity of the insured's claim or charge under the policy. If the Company concludes that the lien, encumbrance, adverse claim or defect is not covered by
this policy, or was otherwise addressed in the closing of the transaction in connection with which this policy was issued, the Company shall specifically advise the insured of the
reasons yor its determination. If the Company conclq as that the lien, encumbrance, adverse claim or defect is valid, the Company shall take one of the following actions: (1) institute
the necessary proceedings to clear the Ilan, encumbrance, adverse claim or defect from the title to the estate as insured; (ii) indemnify the insured as provided in this policy; (iii)
upon payment of appropriate premium and charges therefor, issue to the insured claimant or to a subsequent owner, mortgagee or holder of the estate or interest in the land insured
GF NUMBER: 30191.MH
AMOUNT: $ 1,005,500.00
SCHEDULE A
OWNER'S POLICY NUMBER: 44 0969 100 8352
1 . Name of Insured: CITY OF DENTON
2. The estate or interest in the land that is covered by this policy is:
FEE SIMPLE
3. Title to', the estate or interest in the land is insured as vested in:
CITY OF DENTON
4. The land referred to in this policy is described as follows:
DATE OF POLICY: JANUARY 3, 1996
Being all that certain lot, tract or parcel of land situated in the G. WALKER SURVEY, ABSTRACT NO.
1330, Denton County, Texas, and being the same called 144.6 acre tract conveyed by Henry Wilds and
wife, Julius Opitz on September 27, 1909, as shown of record in Volume 114, Page 84, Deed Records,
Denton County, Texas; and being more particularly deserbied as follows:
BEGINNING at the Southeast corner of the above mentioned 144.6 acre tract;
THENCE North 86' 36' 24" West, along and near a fence part of the way and along the middle of a public
road, 3505.55 feet to a point in the right of way of Mayhill Road, point also being on the West boundary
line of said Walker survey;
THENCE North 03' 36' 50" East, in said right of way of said Mayhil► Road and along the West boundary
line of said Walker Survey, 1797.22 feet to a point for corner;
THENCE South 86' 28' 30" East, along or near a fence 3494.44 feet to a fence corner;
THENCE South 03' 15' 32" West, along or near a fence, 1789.19 feet to the PLACE OF BEGINNING.
SAVE AND EXCEPT THE FOLLOWING TRACT OF LAND
Being a tract of land situated in the G. WALKER SURVEY, ABSTRACT NO. 1330, Denton County,
Texas, and being a part of the tract described in the Deed from Gary Hancock to Roger C. Sullivan and
Robert H. Heiser recorded in Volume 970, Page 88, Deed Records, Denton County, Texas; the subject
tract being more particularly described as follows:
BEGINNING for the Southwest corner of the tract being described herein, at an 1/2 inch iron rod set in
Edwards Road in the occupied South line of the Sullivan and Heiser tract South 88' 29' 00" East, a
distance of 707.75 feet from the apparent Southwest corner thereof and also being in North line of Allan
Estate Mobile Home Park, as shown by the Plat thereof recorded in Cabinet C, Page 383, Plat Records,
Denton County, Texas;
SCHEDULE A This Policy valid only If Schedule B is attached.
Owners Policy Texas Form T-1
SCHEDULE A (cont'd)
GF NUMBER: 30191.MH OWNER'S POLICY NUMBER: 44 0969 100 8352
THENCE North 01' 31' 00" East, passing at 15.0 feet a 1/2 inch iron rod set under a gate in a fence along
the North side of Edwards Road and continuing in all a total distance of 660.00 feet to a 1/2 inch iron rod
set for the Northeast corner of the herein described tracat;
THENCE South 88° 29' 00" East, parallel with the South line of Sullivan and Heiser tract, a distance of
660.00 feet to a 1/2 inch iron rod set for the Northeast corner of the herein described tract;
THENCE South 01' 31' 00" West, a distance of 660.00 feet to a 1/2 inch iron rod set for the Southeast
corner of the herein described tract in the South line of the Sullivan and Heiser tract in the remains of an
old fence line about 12 feet South of a standing fence;
THENCE North 88' 29' 00" West, with the South line of the Sullivan and Heiser tract along Edwards
Road part of the way, a distance of 660.00 feet to the PLACE OF BEGINNING.
THE COMPANY DOES NOT REPRESENT THAT THE ABOVE ACREAGE OR SQUARE FOOTAGE
CALCULATIONS ARE CORRECT.
SCHEDULE B
GF NUMBER: 30191.MH OWNER'S POLICY NUMBER: 44 0969 100 8352
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage land the Company will not pay costs, attorney's fees or expenses) that
arise by reason of the terms and conditions of the leases or easements insured, if any, shown in Schedule A and the
following matters:
1. "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.
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 right of access
to that area or easement along and across that area.
5. Standby fees, taxes and assessments by any taxing authority for the year 1996 and subsequent years, and
subsequent taxes and assessments by any taxing authority for prior years due to change in land usage and
ownership.
6. The following matters and all terms of the documents creating or offering evidence of the matters.
LIENS
EXCEPTIONS
a. Easement granted by L.W. Opitz to Brazos River Transmission Electric Cooperative, Inc., dated June
3, 1947, filed October 24, 1949, recorded in Volume 357, Page 62, Deed Records, Denton County, Texas.
b. Easement granted by Mrs. L.W. Opitz to Denton County Electric Cooperative, Inc., dated November
26, 1948, filed March 16, 1949, recorded in Volume 336, Page 591, Deed Records, Denton County, Texas.
c. Easement granted by Mrs. L.W. Opitz to City of Denton, Texas, dated December 19, 1960, filed
February 3, 1961, recorded in Volume 464, Page 191, Deed Records, Denton County, Texas.
d. Easement granted by Roger C. Sullivan, Individually and as Attorney -In -Fact for Roger C. Sullivan, Jr.,
Gregory M. Sullivan, Timothy H. Sullivan and Mary M. Sullivan to City of Denton, Texas, dated
January 27, 1982, filed January 29, 1982, recorded in Volume 1123, Page 955, Deed Records, Denton
County, Texas.
SCHEDULE B Schedule B of this Policy consists of 2 pages. Page 3
Owners Policy Texas Form T-1
SCHEDULE B (cont'd)
GF NUMBER: 30191.MH OWNER'S POLICY NUMBER: 44 0969 100 8352
Paragraph 6 (conl'd)
e. Terms and Provisions of Agreement executed by and between Roger C. Sullivan and City of Denton, dated
April 7, 1993, filed November 10, 1994, recorded in the Official Public Records of Real Property, Denton
County, Texas, as County Clerk's Instrument No. 94-R0085893.
f. All visible and apparent easements and all underground easements, the existence of which may arise by
virtue of unrecorded grant or by use.
g- Any portion of the subject property lying within the bounds of any public or private road.
h. Rights of Parties in Possession.
SCHEDULE B Schedule B of this Policy consists of 2 pages.
Page 3
Owners Policy Texas Form T-1
by this policy, a policy of title insurance without exception for the lien, encumbrance, adverse claim or defect, said policy to be in an amount equal to the current value of the property
or, if a mortgagee policy, the amount of the loan; (iv) indemnify another title insurance company in connection with its issuance of a policy(ies) of tale insurance without exception
forthe lien, encumbrance, adverse claim ordefect; (v) secure a release or other document discharging the lien, encumbrance, adverse claim or defect; or (vi) undertake a combination
of (i) through (v) herein.
4. DEFENSE AND PROSECUTION OF ACTIONS:
DUTY OF INSURED CLAIMANT TO COOPERATE
(a) Upon written request by the insured and subject to the options contained in Section 6 of these Conditions and Stipulations, the Company, at Its own cost and o t out
unreasonable delay, shall provide for the defense of an insured in litigation in which any third party asserts a claim adverse to the title or interest as insured, but only as to those
stated causes of action alleging a defect, lien or encumbrance or other matter insured against this policy. The Company shall have the right to select counsel the fees of nof its choice (syuothbjea
couh err ht of the
Company will ice t for
pay reasonable ca ice etxpeosesencur int the ncurred by the insured nsured as to In the defense of those causes es of shalled causes of action and not
that at ege atfor and ttters not insured ed against by this
policy.
ll h
(b) The Company shaave the right, at its own cost, to institute and prosecute any action or proceeding or to do any other act that in its opinion may be necessary or desirab e
ice this establish
the
to the e, shallrbet able as hereunder, and shall nottthereby concede I ability or reduce loss or damage
wave any provision of this Policy lathe Coake mpany shall exercise U tserights under
this paragraph, it shall do so diligently. a defense to final determ nation by aeou shall
oompe ent juh,ad ction and expresslydreserves the right required
tsrsole discretion onto appeal from lanyoadve se judgement or pursue any litigation
(d) In all cases where this policy permits or regwres the Company to prosecute .. provide for the defense of any action s proceeding, the insured shall secure for to the Company
the gh eese crestecute or d by he Compeanyt heensahed, ation
he or CompanOceeys expense) shoe11 g vehthe Compae n an oeyrall reasonathe Coble a d (i) use, actiits bn or proceeding, stion, the name of e unng evidence,obtainingpurpose
witnesses, prosecuting or defending the action or proceeding or effecting settlement, and (ii) in any other lawful act that in the opinion of the Company may be necessary or desirable
to establish the title to the estate or interest as insured. It the Company is prejudiced by the failure of the Insured to furnish the required cooperation, the Company's obligations
to the insured under the policy shall terminate, Including any liability or obligation to defend, prosecute, or continue any Iltigation, with regard to the matter or matters requiring such
cooperation.
5. PROOF OF LOSS OR DAMAGE
In addition to and after the notices required under Section 3 of these Conditions and Stipulations have been provided the Company, a proof of loss or damage signed and sworn
or dathe me le shalades nbettshall be he detect t in,lohlen or encumd to the brance on the titdays
le, or oafter
therthe
matter insurclaimant
ed against shall
bythis policy that scertain the constitutes the basis loss
ot loss or damage and shall state,
9
to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the insured claimant to provide the required proof
of loss or damage, the Company's obligations to the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with
regard to the matter or matters requiring such proof of loss or damage. thorized p
In addition, the insured claimant may reasonably be required to submit to examination under oath by any authorized representative of the
tive of the mpany pane and shall pkks, ledgroduceers,
or
checksacorrespondenceand memlorenat such au
dasuc , whetr soherbeabng a date betle times andofeaorafter Dats as e of Policbe y whe hneasonably pe to n toPhe loss or damage le. Further, tl elquesoled by any authorized
representagtive t the Company, the insured claimant shall grant its permission, in writing, for any authorized representative of the Company to examinda agee, inspect and copy all records,
for
od c
hon
r 0 r delntaal bys�theensoec"O,m ne c asmant prce and o
did oche Company pursuandt to th s Section shad Pr ex m not be dhsc o ed to o hLinlersaunless rllinehe reh lossason er judAelment of tlhgge Co panytlitas
to cf sea yrI I e a in
necessary intormat on fromthi d pa t es0 the in eas reqd la u ed in tMs (paragraph hall term hate anth yr I ab l ty of the Compalny tin derre ttMs pot icy Orin asntorthat claimmission
6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS;
TERMINATION OF LIABILITY
In case of a claim under this policy, the Company shall have the following additional options:
(a) To Pay or Tender Payment of the Amount of Insurance.
To pay or tender payment of the amount of insurance under this policy, together with any costs, attorneys' fees and expenses incurred by the Insured claimant, who were
authorized by the Company, up to the time of payment or tender of payment and which the Company Is obligated to pay.
any tab liability oeobligationythe Comto defenTaproof secote, or continue any Iitigatioand obligations nd the (he policy shell be surer renis delred to the rCompany forrcancellationrequired,shall terminate, including
(b) To Pay or Otherwise Settle With Parties Other than the Insured or With the Insured Claimant. p
(i) To pay or otherwise settle with other parties for or in the name of an insured claimant any claim time of insured
agains which h the Companis together with a to costs, ahorneIys' fees
or
and expenses incurred by the insured claimant, which were authorized by the Company ed payment
(ii) To pay or otherwise settle with the insured claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees and expenses incurred
mints required
by the insured claimant, which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise n the Company of either
of the options provided for in paragraphs (b)(i1 or (ii) the Company's obligati stohir Conti under this tie any I'aigetion.for the claimed loss or damage, other than the pay q
to be made, shall terminate, including any ability or obligation to defend, prosecute,
7. DETERMINATION, EXTENT OF LIABILITY
AND COINSURANCE
This policy is a contract of Indemnity against actual monetary loss or damage sustained or Incurred by the insured claimant who has suffered loss or damage by reason of matters
insured against by this policy and only to the extent herein described.
(a) The liability of the Company under this policy shall not exceed the least of:
(i) the Amount of Insurance stated in Schedule A; or
(n) the diNerence between the value of the insured estate or interest as insured and the value of the insured estate or interest subject to the detect, lien or encumbrance
insured against by this policy at the date the insured Claimant is required to furnish to Company a proof of loss or damage in accordance with Section 5 of these Conditions and
Stipulations.
(b) In the event the Amount of Insurance stated in Schedule A at the Date of Policy is less than 80 percent of the value of the insured estate or Interest or the full consideration
aid for the land, whichever is'less, or'a subsequent to the Date of Policy an improvement is erected on the land which increases the value of the insured estate or interest by at
Feast 20 percent over the Amount inn
Insurance stated in Schedule A, then this Policy is subject to the following:
(i) where no subsequent improvement has been made, as to any partial loss, the Company shall only pay the loss pro rota in the proportion that the amount of insurance
at Date of Policy bears to the total value of the insured estate or interest at Date of Policy; or
(ii) where a subsegvent Improvement has been made, as to any partial loss, the Company shall only pay the loss pro rota in the proportion that 120 percent of the Amount
of Insurance stated in Schedule A bears to the sum of the Amount of Insurance stated in Schedule A and the amount expended for the improvement.
The provisions of this paragraph shall not apply to costs, attorneys' tees and expenses for which the Company is liable under this policy, and shall only apply to that portion
Of any loss which exceeds, in the aggregate, 10 percent of the Amount of Insurance stated In Schedule A.
(c)The Company will pay only those costs, attorneys' fees and expenses incurred in accordance with Section 4 of these Conditions and Stipulations.
6. APPORTIONMENT
If the land described in Schedule A consists of two or more parcels that are not used as a single site, and a loss is established affecting one or more of the pof each arcels but not all,
the loss parcel shall be
exclusive of anyimprovementsro tmadels as it the ubsequent oount of DaleofpolicyCunlessaliabilthis Pyorvaluewas hasohvided erwisero te as beenfo the value on agreeduponasttoteachparcelbytheCompany
and the insured at the time of the issuance of this policy and shown by an express statement or by an endorsement attached to this policy.
9. LIMITATION OF LIABILITY
(a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures the lack of a right of access to or from the land, all is insured, or takes
action in accordance with Section 3 or Section 6, in a reasonably diligent manner by any method, including fillgation and the completion of any appeals therefrom, it shall have fully
performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby.
(b In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been
a fina determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title as insured.
(c) The Company shall not be liable for loss or damage to any insured for liability voluntarily assumed by the insured in settling any claim or suit without the prior written consent
of the Company.
10. REDUCTION OF INSURANCE:
REDUCTION OR TERMINATION OF LIABILITY
All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the amount of the insurance pro tanto.
11. LIABILITY NONCUMULATIVE
It is expressly understood that the amount of insurance under this policy shall be reduced by any amount the Company may ppay under an policy insuring a mortgage to which
exception is taken in Schedule B or to which the insured has agreed, assumed or taken sub ect, or which is hereafter executed by an insuredand which is a charge or lien on the
estate or interest described or referred to in Schedule A, and the amount so paid shall be Deemed a payment under this policy to the insured owner.
12. PAYMENT OF LOSS
shall be furnished to the satisfaction of the Company, LI a pmn,y'or endorsement oche payment unless the policy has been lost or destroyed, in which case proof of loss or destruction
30 d
(b) When liability and the extent of loss or damage has been definitely fixed in accordance with
ays thereafter. these Conditions and Stipulations, the loss or damage shall be payable within
13. SUBROGATION UPON PAYMENT OR SETTLEMENT
Whenever
al The Company's Right of Subrogation.
ed and
aid a
under this
The eCompany half be subroll have ted to and be entitled d to all rights and remediestll right of hat the insured subrogation
all wouldtin the have had against unaffected
property iact ofrespect to the claim
' the insured claimant shall transfer to the nao der toopeeect has d�hl of subrogadoa Thsinsu ed ela mant shall perrmit the Company to sue, compromise orrisettt et In the and rname of themedies eainsu einst d claimant and tperson or oause the name
of the insured claimant in any transaction or litigation involving these rights or remedies.
If a payment on account of a claim does not fully cover the loss of the insured claimant, the Company shall be subrogated to these rights and remedies in the proportion which
the Company's payment bears to the whole amount of the loss.
If loss should result from any act of the insured claimant, as stated above, that act shall not void this policy, but the Company, in that event, shall be required to pay only that
pa t of any losses insured against this policy that shall exceed the amount, if any, lost to the Company by reason of the impairment by the insured claimant of the Company's right
of subrogAation.
The Oompanyst ght oRs9brogatgon agallonnon nsur dbobligors shall exist and shall include, without limitation, the rights of the insured to indemnities, guaranties, other policies
of Insurance or bonds, notwithstanding any terms or conditions contained in those instruments that provide for subrogation rights by reason of this policy.
14. ARBITRATION
Unless prohibited by applicable law or unless this arbitration section is deleted by specific provision in Schedule B of this policy, either the Company or the insured may demand
'he 0arbitration pursualh nt to the Title Arbitration Rules t the Ameprican Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between
Alarsol ar n able is ma tes whenrthe Amoed upnt of insuranoeps $1,in OIO p OOoliO oaless SHALL BE orb service of the hated al the request of either on with the Company orissuance or the theansuredPunleos the lsu�ed is an ndgv dual
rom
shall be or, I ttled only when agreed jorby both trathe Company rshand the nsured.ion rother ArbitrationlpursuantAtofthislpol policy and under the Rules Amountrs when the effect on the date the demand forr arbitration
ust
j is made or, at the option of the insured, the Rules in effect at Date of Policy shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state
in which the land is located permit a court to award attorneys' fees to a prevailing party. Judgement upon the award rendered by the Arbitrator(s) maybe entered in any court having
jurisdiction thereof.
The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules.
A copy of the Rules may be obtained from the Company upon request.
15. LIABILITY LIMITED TO THIS POLICY:
POLICY ENTIRE CONTRACT
(a) This policy together with all endorsements, If any, attached hereto by the Company is the entire policy and contract between the Insured and the Company, In
Interpreting an provision of this policy, this policy shall be construed as a whole.
(b) An clam of loss or damage, whether or not based on negligence, and which arises out of the statu
any action asserting such claim, shall be restricted to this policy. s of the title to the estate or Interest covered hereby or by
(c) No amendment of or endorsement to this policy can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice
President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company.
16. SEVERABILITY
In the event any provision of the policy is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision and all other provisions
shall remain in full force and effect.
17. NOTICES, WHERE SENT
All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this policy and shall be addressed
to the Company at Security Union Title Insurance Company, National Claims Department, P.O. Box 2233, Los Angeles, California 90051.
COMPLAINT NOTICE p
our
emium or about a
Ishnotdresol respute arise solved, you also may write theTexasDepartment ofm that nsurrance, P.O. Boxou have d149091, Austincontact the , TX 78714.9091ent or write to ,,E Fax (512) 475-177that i.t Thla nloticefthe of problem
procedure Is for Information only and does not become a part or condition of this policy.
FOR INFORMATION, OR TO MAKE A COMPLAINT, CALL:
1-800-442-4303