1998-328AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A REAL ESTATE
CONTRACT WITH THE RUTH G KELLUM ESTATE, BILLY H KELLUM, MARCIA L
KELLLrM, MICHAEL W KELLUM, BARBARA KELLUM REESE, AND MARGARET MAYS
FOR THE PURCHASE OF APPROXIMATELY 1 185 ACRE TRACT OF LAND KNOWN AS
PARCEL NO 6B, U S HIGHWAY 77, DENTON, DENTON COUNTY, TEXAS FOR THE U S
HIGHWAY WIDENING PROJECT, AUTHORIZING THE EXPENDITURE OF FUNDS
THEREFORE, AND DECL RING AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the City Manager ~s hereby authorized to execute a Real Estate Contract
with the Ruth G Kellum Estate, Billy H Kellum, Marcm L Kellum, Mmhael W Kellum, Barbara
Kellum Reese, and Margaret Mays for the purchase of approximately 1 185 acres of land known as
Parcel No 6B, U S H~ghway 77, Denton, Denton County, Texas for the U S H~ghway Wldemng
ProJect, a copy of wluch ~s attached hereto and ~ncorporated by reference hereto
~ That the C~ty Council hereby authonzes the expenditure of funds m the
manner and amount as spemfied m the agreement
SECTION III That this ordanance shall become effectave lmmedmtely upon its passage and
approval
PASSED AND APPROVED thls the 3~/qdayof O(q.~Lobefl'- ,1998
JAC~
ATTEST
JENNIFER WALTERS, CITY SECRETARY
HERBERT L PROUTY, CITY ATTORNEY
P~ALES~ATE CONT~%CT
STATE OF TEXAS
COUNTY OF DENTON
THIS CONTRACT OF SALE is made by and between Ruth G. Kellum
Estate, Billy H. Kellum, Marcia L. Kellum, Michael W. Kellum,
Barbara Kellum Reese and Margaret Mays (hereinafter referred to
as "Seller") and CITY OF DENTON, TEXAS, a home rule municipality,
of Denton, Denton County, Texas, (hereinafter 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 all that certain tract,
lot or parcel of land described in Exhibit "A" attached with all
rights and appurtenances pertaining to the said property,
including any right, title and interest of Seller in and to
adjacent streets, alleys or rights-of-way (all of such real prop-
erty, rights, and appurtenances being hereinafter referred to as
the "Property"), together with any improvements, flxtures, 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. Seller shall pay all cost
for the removal, installation, construction, relnstallatlOn,
reconstruction, labor and materials for any and/or Improvements
located within the property described in Exhibit "A". Any
improvements not removed by January 1, 1999 shall become property
of the City of Denton, Texas. Seller shall be allowed to
construct four (4) drive approaches along Bonnie Brae as
illustrated on Exhibit ~C" attached hereto.
PURCHASE PRICE
1. Amount of Purchase Price. The purchase price for the
Property shall be the sum of $46,485.00.
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 cons,~mmate the
transactions 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 twenty (20) days after
the date hereof, Seller, at Seller's sole cost and expense, shall
have caused the Title Company (hereinafter defined) to issue a
owners policy commItment (the "Commitment") 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 Commitment that the condlt~on of title as
set forth in the Commitment is or is not satisfactory. In the
event Purchaser states the condlt~on of title 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 ~s
unable to do so within ten (10) days after receipt of written
not~ce, this Agreement shall thereupon be null and void for all
purposes; otherwise, this condition shall be deemed to be
acceptable and any objection thereto shall be deemed to have been
waived for all purposes.
2. Survey. Purchaser may, at Purchaser's sole cost and
expense, obtain 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 o~ or ad3acent to the Property, ~f 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 w~ll have ten (10) days after receipt of the survey
to review and approve the survey. In the event the survey is
unacceptable, then Purchaser shall within the ten (10) day
period, give Seller written notice of th~s 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 ~s unable to do
so within ten (10) days after receipt of written notice,
Purchaser may terminate th~s 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 th~s 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 w~th by Seller prior to or as of the closing.
AEE008FE PAGE 2
REPRESENTATIONS AND WARRANTIES OF SELLER
Seller hereby represents and warrants to Purchaser as
follows, which representations and warranties shall be deemed
made by Seller to Purchaser also as of the closing date
1. Except for an oral agricultural rental agreement, there
are no parties in possession of any portion of the Property as
tenants at sufferance, trespassers or other parties. Seller
warrants that the tenant and/or his livestock will be removed no
later than 30 days from the date of closing.
2. Except for the prior actions of Purchaser, there is no
pending or threatened condemnation or similar proceeding or
assessment or suit, affecting title to 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, ordinances,
regulations, statutes, rules and restrictions relating to the
Property, or any part thereof.
4 To the best of the seller's knowledge, 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.
CLOSING
The closing shall be held at the office of Dentex Title
Company on or before November 30, 1998, or at such title company,
time, date, and place as Seller and Purchaser may mutually agree
upon (which date is herein referred to as the "closing date").
CLOSING REQUIREMENTS
1. Seller's Requirements. At the closing Seller shall
A. Deliver to State of Texas, acting by and through the
Texas Transportation Commission a duly executed and
acknowledged Deed in the form as attached hereto as
Exhibit "B" conveying good and marketable title to all of
the Property, free and clear of any and all liens,
encumbrances, conditions, easements, assessments, and
restrictions, except for the following'
AEE008FE PAGE 3
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
3. Any exceptions approved by Purchaser
an writing.
B. Deliver to Purchaser a Texas Owner's Policy of Title
Insurance at Purchaser's sole expense, issued by Dentex
Title Company, Denton, Texas, (the "Title Company"), or
such title company as Seller and Purchaser may mutually
agree upon, in Purchaser's favor in the full amount of
the purchase price, insuring fee simple title for the
State of Texas to the Property subject only to those
title exceptions listed in Closing Requirements hereof,
such other exceptions as may be approved an writing by
Purchaser, and the standard printed exceptions contained
in the usual form of Texas Owner's Policy of Title
Insurance, 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 restrictlve cove-
nants shall be endorsed "None of Record",
3. The exception 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 on
the day of closing.
2. Purchaser's Requirements. Purchaser shall pay the
consideration as referenced an the "Purchase Price" section of
th~s contract at Closing in immediately available funds.
AEE008FE PAGE 4
3. Closing Costs. Taxes for the current year will be
prorated through the closing date. Rollback taxes , if any, will
be paid by Purchaser.
Ail other costs and expenses of closing an consummating the
sale and purchase of the Property not specifically allocated
herein shall be paid by Purchaser.
REAL ESTATE COMMISSION
Ail obligations of the Purchaser or Seller for payment of
Brokers fees are contained in separate written agreements.
BREACH BY SELLER
In the event Seller shall fall to fully and timely perform
any of its obligatIons hereunder or shall fall to consummate the
sale of the Property except Purchaser's default, Purchaser may
either enforce specific performance of this Agreement or
terminate this Agreement by written notice delivered to seller.
BREACH BY PURCHASER
In the event Purchaser should fall to consummate the purchase
of the Property, the conditions to Purchaser's obligations set
forth . in PURCHASER'S OBLIGATIONS having been satisfied and
Purchaser being in default Seller may either enforce specific
performance of this Agreement, or terminate this Agreement by
written notice delivered to purchaser.
MISCELLANEOUS
1. Assig/lment of Agreement. Th~s Agreement may not be
assigned by Purchaser without the express written consent of
Seller.
2. Survival of Covenants. Any of the representations, war-
rant~es, covenants, and agreements of the parties, as well as any
rights and benefits of the parties, pertaining to a period of
time following the closing of the transactions contemplated
hereby 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
mall, postage prepaid, certified mall, return receipt requested,
addressed to Seller or Purchaser, as the case may be, at the
address set forth beneath the signature of the party.
AEE008FE PAGE 5
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 part~es created hereunder are performable
in Denton County, Texas.
5. Parties Bound. Thls 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 pro-
vls~ons contained in this Agreement shall for any reason be held
to be invalid, 1llegal, or unenforceable in any respect, said in-
validity, Illegality, or unenforceab~llty shall not affect any
other provision hereof, and this Agreement shall be construed as
if the invalid, ~llegal, or unenforceable provision had never
been contained herein.
7. Prior Agreements Superseded. Thls 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.
8. Time of Essence. Time is of the essence in this
Agreement.
9. Gender. Words of any gender used in th~s 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.
10. Memorandum of Contract. Upon request of e~ther 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 L~cense 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. Time Limit. In the event a fully executed copy of this
Agreement has not been returned to Purchaser within ten (10) days
after Purchaser executes this Agreement and delivers same to
Seller, Purchaser shall have the right to terminate this
Agreement upon written notice to Seller.
AEE008FE PAGE 6
13. Condemnation. It is agreed that thzs lsa sale and
purchase of land considered under threat of condemnation. City of
Denton would condemn the property for road purposes if the
parties hereto had not agreed as to the terms of sale.
DATED thms ~~- ~
day of , 1998.
SELLER: ~% PURCHASER-
Ruth G. Kellum Estate THE CITY OF DENTON,
TEXAS
BY: ' -- B
B1 . Kellum individually ~ / / - ///~
and as the Executor to the Ruth CltyfMana(~r
G. Kellum Estate 215 E. McKlnney
Denton, Texas 76201
Marcia L. K%lum
M~chael W. Kellum
Barbara Kellum Reese
M~rga~ Ma~s
STATE OF TEXAS
COUNTY OF DENTON
Th~s instrument is acknowledged before me, on th~s /~day of
~6~ , 1998 by Billy H. Kellum Individually and as
Ex~Cu'tor to the Ruth G. Kellum Estate.
Not~y P~blic in and for
the State of Texas
AEE008FE PAGE 7
STATE OF TEXAS
COUNTY OF DENTON
acknowledged before me, on this /~ day of
This i~strument is
.~~__, 1998 by Marcia L. Kellum.
Not~fy P~bllc in and for
the State of Texas
STATE OF TEXAS
COUNTY OF DENTON
This Instrument is acknowledged before me, on this ~%.~ay of
~.~_~ , 1998 by Michael W. Kellum.
I ~;~ ~ , ~ 0MM'SS'0~ ~'8~$ Nota~ llc in and for
~"'"~,~ the State of Texas
STATE OF TEXAS
COUNTY OF DENTON
lS acknowledged before me, on thls/~J~day of
s instrument
~ , 1998 by Barbara Kellum Reese.
Not~y Public in ~nd for
the State of
STATE OF TEXAS
COUNTY OF DENTON
acknowledged before me, on this /~ day of
nt is
· 1998 by Margaret Mays.
Notary Public in and for
the State of Texas
AEE008FE PAGE 8
STATE OF TEXAS
COUNTY OF DENTON
Th~s .i~strument is acknowledg~.bgfore~ me, on this ~--~ day of
(/~'~h~'- , 1998 by //~/~f~_ ~/~. ~ , City Manager,
of the City of Denton, a municipal co~orat~on, kno~ to me to be
the person and officer whose n~e ~s s~scr~bed to the foregoing
lnstr~ent and ac~owledged to me that the s~e was the act of
the said City of Denton, Texas, a m~c~pal co~orat~on, that he
was duly authorized to perfo~ the s~e by appropriate ordinance
of the C~ty Council of the C~ty of Denton and that he executed
the s~e as the act of the said C~ty .for pu~oses and
consideration there~n expressed, and in t~ capacity therein
Not~y ~ic-i~-and for
the State of T~as
~ /,0 ~' ~%k ANN FORS~HE
AEE008FE PAGE 9
EXHIBIT "A"
County Dentpn Page 1 of 2
H~ghway U. $, 77
Project Ltm~ts From I H 35 Rev February 9, 1995
To U S 380
CSJ 0195-02-
Account
FIELD NOTES FOR PARCEL 6_.~B
BEING A PARCEL OF LAND SITUATED IN A CALLED 125-ACRE PARCEL OF LAND CONVEYED TO BARBARA
KELLUM, ET AL, RECORDED IN VOLUME 946, PAGE 263, DEED RECORDS DENTON COUNTY, TEXAS
(DRDCT), AND BEING SITUATED IN THE NATHAN WADE SURVEY, ABSTRACT NO 1407, CITY OF DENTON,
DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS
COMMENCING for reference at a found braes monument being a point on the south right of way hne of
Loop 288 (a variable width nght of way),
THENCE S 35° 02' 30" W, along the south nght of way line of Loop 288, a distance of 32 62 feet to a set 5/8
~nch ~ron rod w~th an aluminum cap bmng the POINT OF BEGINNING, same bmng a pmnt on the new north nght
of way hne of U S 77,
(1) THENCE S 58° 11' 36" E, with the new north right of way I~ne of U S 77, a dmtance of 346 14
feet to a set §/8-~nch ~ron rod with an aluminum cap for the southwesterly cutback corner of the
new Bonnie Brae Road right of way,
(2) THENCE N 76° 48' 52" E, a distance of 50 O0 feet to a set 5/8-tach ~ron rod w~th an aluminum
cap for the northwesterly cutback corrier of the new Bonnm Brae Road nght of way,
(3) THENCE N 31° 48' 52" E, with the new west nght of way I~ne of Bonme Brae Road, a d~stance
of 464 93 feet to a set 5/8-inch ~ron rod w~th an aluminum cap bmng m the south hne of sa~d
Loop 288,
(4) THENCE N 85° 59' 16" E, along the south I~ne of Loop 288, a d~stance of 38 94 feet to a set
120d na~l w~th shiner, same being ~n the ex.sting west right of way I~ne of smd Bonnie Brae Road,
(5) THENCE S O0° 20' 08" W, along the existing west hne of smd Bonnm Brae Road, a distance of
57 55 feet to a set 120d nmi w~th shiner in the new east right of way hne of Bonnm Brae Road,
(6) THENCE S 31° 48' 52" W, with the new east nght of way I~ne of Bonme Brae Road, a d~stance
of 437 45 feet to a set 5/8-inch ~ron rod with an aluminum cap for the northeasterly cutback
corner to the new north right of way line of U S 77,
(7) THENCE S 13° 11' 08" E, w~th said cut back line, a d~stance of 50 O0 feet to e set 5/8-~nch ~ron
rod with an aluminum cap bmng in the new north right of way hne of U S 77,
(8) THENCE S 58° 11' 36" E, with the new north nght of way line of U S 77, a distance of 169 40
feet to a set 8/8-~nch ~ron rod w~th an aluminum cap,
(9) THENCE N 31° 48' 24" E, with the new north nght of way hne of U S 77, a distance of 15 O0
feet to a eat 5/8-tach ~ron rod with an aluminum cap,
(10) THENCE S 58° 11' 36" E, with the new north nght of way hne of U S 77, a d~stance of 75 54
feet to a E/8-1nch Iron rod with an aluminum cap set ~n the existing west nght of way line of smd
Bonme Brae Road,
EXHIBIT "A"
County Denton Page 2 of 2
H~ghway U S 77
Project L~m~ts From I H 35 Rev February 9, 1998
To U S 380
CSJ 0195-02-
Account
FIELD NOTES FOR PARCEL 6_._~B
(11) THENCE S O0° 20' 08" W, along the ex~st~ng west hne of sa~d Sonnm Brae Road, a d~stance of
47 25 feet to a fence corner for the southeast corner of sa~d Kellum tract, and being m the
ex,sting north right of way line of U S 77,
(12) THENCE N 58° 13' 55" W, w~th the south hne of sa~d Kellum tract and the ex~st~ng north nght of
way hne of US 77, a distance of 747 92 feet to a point on the south right of way hne of
Loop 288,
(13) THENCE N 35e 02' 30" E, along the south hne of Loop 288, a dmtance of 25 84 feet to the
POINT OF BEGINNING and containing 1 185 acres, or 51,598 square feet of land, more or less
Thomas W'~lh'-am ~lauk ' (
J / DaTe
Texas No 5119
EXHIBIT "B"
Texas Department of Tfan~pormtmn
Form D-15-14
Pagelof3 Rev 9~1
DEED
~ STA~ OF ~ }
}
CO~ ON } ~OW ALL MEN BY T~SE PRESENTS:
That,
of the County of , State of Texas, beremafler referred to as Grantors, whether
one or more, for and m conslderat~on of the sura of
Dollars ($ ) to Grantors
m hand paid by the State of Texas, acting by and through the Texas Transportation Comrmsslon, receipt of
wluch ~s hereby acknowledged, and for wluch no lien ~s retained, either expressed or Imphed, have tlus
day Sold and by these presents do Grant, Bargain, Sell and Convey unto the State of Texas all that certain
tract or p,?.?~l of land m County, Texas, more pamcularly desmbed m Ex-
lub~t "A, ' wluch ~s attached hereto and incorporated hereto for any and aH purposes
SAVE and EXCEPT, HOWEVER, it Is expressly understood and agreed that (3,r, .a.n~ors are retaining
tide to the following Improvements located on the property described m smd F. xtublt ' A,' to w~t
Grantors covenant and agree to remove the above-dascnbed ~nprovements from sa~d land by tbe
day of , ,19 , subject, however, to such extensrons of tune as may be granted
by the State m writing, and fi, for any reason, Grantors far or refuse to remove same w~thm smd penod of
tIme prescribed, then, without any further cons~deranon, the t~tle to aH or any part of such unprovements
not so removed shall pass to and vest m the State of Texas forever
Grantors reserve aH of the mi, gas and sulphur m and under the land he, mm conveyed but watve aH rights
of regress and egress to the surface thereof for the purpose of exploring, developing, mmmg or drtllmg for
same, however, nothing m th~s raservanon shah affect the title and rights of the State to take and use aH
other minerals and matennls thereon, therein and thereunder
T~xas D~pantment of TranspotUtion -
Form D-15-14
Pase2of3 ~ 9/91
TO HAVE AND TO HOLD the premises herein clescnbed and hereto conveyed together with all and
singular the rights and appurtenances thereto m any wise belonging unto the State of Texas and ~ts assigns
forever; and Grantors do hereby brad ourselves, our heirs, executors, administrators, successors and as-
signs to Warrant and Forever Defend all and $1~mlnr the Sitld prernises hereto conveyed unto the State of
Texas and its ass~$ms against every person whomsoever lawtdly clanmng or to claun the same or any pan
thereof
IN WITNESS WI-I~REOF, tlus instrument is executed on this the day of
, 19,~
ACKNOWLEDGMENT
THE STATE OF TEXAS,
COUNTY OF }
BEFORE ~ the undersigned, a Notary Public, on ggs any ~rsOnnlly appeared
, known to me (or proved
to me on the oath of , a credible witness,) to be the person(s) whose
name(s) is (are) subscribed to the foregoing instmmsut sad acknowledged to me that he/she/they executed the same for ~he
GIVEN UNDER MY HAND AND SEAL OP Ol~l~iCE, tl~s day of ,19
Notary Public, State of Texas
CORPORATE ACKNOWLEDGMENT
THE STATE OF TEXAS, }
coui, q'rY oF }
BEFORE ~ the undemi~ned, a Notary Public, on lids day personn!!y appeared
of , known to
me to be the person and officer whose name is subscdbsd to the foxegomg msmm~ent and acknowledged to me that the same
was the act of the sn,d , n corporation, that he/she was
duly authonzed to perform the snme by appropttam resolmion of Ihe board of directors of such corporagon nmi that he/she
executed the same as the act of such co~oredon re, tim purposes nmi cuns~denuion thereto e.-d,,,~mt, and in the capacity
GIVEN UNDER MY HAND AND SEAL OP OFFICE, this day of ,19
Nota~ Pubho, State of Toxas
My Commission exph~s on the day of ,19
Texas Depamn~nt of TnmsponaUon
Form D-15-14
Pase3of3 P~v 9/91
After recording please return this instrument to:
CERTIFICATE OF RECORDING
THE STATE OF TEXAS, }
COU1VTY OF }
NAIHAN WADE
ABSTRACT NO. 14(
I~IE FOLLOWING COMMITMEN'I JR TITLE INSURANCE IS NOT VALID UNL .,S YOUR NAME AND THE
POUCY AMOUNT ARE SHOWN IN SCHEDULE A, AND OUR AUTHORIZED REPRESENTATIVE HAS
COUNTERSIGNED BELOW - -
COMMITMENT FOR TITLE INSURANCE
IBSUED BY
Alamo Title Insurance
of Texas
We, Alamo Title Insurance of Texas, a Texas corporation, will issue our title insurance policy or pohcies
(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 Pohcy will be ~n the form approved
by the Texas Department of Insurance at the date of ~ssuance, and wdl ~nsura your ~nterest ~n the land
described ~n Schedule A The estimated pram~um for our policy and apphcable endorsements is shown on
Schedule D There may be additional charges such as recording fees, and exped;ted dehvery expenses
Th~s Commitment ends ninety (90) days from the effective date, unless the Policy is ~ssued sooner, or failure
to ~saue the Policy is our fault Our liability and obligations to you ara under the express terms of th~s
Commitment and end when this Commitment expires
~ ALAMO TITLE INSURANCE OF TEXAS
Authorized Signatory
DENTEX TITLE COMPANY
300 N ELM STE 101
DENTON, TEXAS 76201
CONDITIONS AND STIPULATIONS
1 If yOU have actual knowledge of any matter which may affect the t~tle or mortgage covered by th~s
Commitment, that ~s not shown in Schedule B, you must notify us ~n writing If you do not notify us m
writing, our liability to you is ended or reduced to the extent that your failure to not~fy 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
reheved of liability already incurred
2 Our liability is only to you, and others who ara included ~n the definitmn of Insured in the Policy to be
issued Our liability is only for actual loss incurred m your reliance on th~s Commitment to comply with
its requirements or to acquire the interest ;n the land Our liability ~s limited to the amount shown in
Schedule A of this Commitment and will be subject to the following terms of the Policy
Insuring Provisions, Conditions and Stipulations, and Exclusions
(THIS COMMITMENT IS INVALID UNLESS SCHEDULES A, 8, C AND D ARE ATTACHED HERETO )
Commitment for Title Insurance Effe,=tive January 1, 1993
Alamo Iltle Insumnm
TEXAS TITLE INSURANCE INFORMATION
Title insuren~e Insures you a(iainst loss resulting from certain El seguro de tltulo le ssegure en relaclbn a p~rdides reaultantes
neks to your tiffs de clortce neegos que pueden afectar el tltulo de au propledad
The Commitment for Title Insurance ~s tho title insurance El Comprom~so pare Sogura de Titulo es la pmmess de la
company's promise to ~saue the title Insurance policy The compahla sseguredore de tltulos de emiflr la pbliza de seguro
Commitment ia a legal document You should review it de tltulo El Comprom~so es un dooumento legal Usted debs
carefully to completely understand it before your closing date laerlo cuidadossmenta y enterderlo completamenta antes de la
feche pare finaiizar su transacc~bn
Your Commitment for Title Insurance ~s a legal contract between you and us The Commitment ~s not an opinion or report of your
t~tle It ~s a contract to ~asue you a policy subject to the Comm~tment's terms and requirements
Before lasu~ng a Commitment for Title Insurance (the Commitment) or a Title Insurance Policy (the Policy), the Title Insurance
Company (tho Company) determines whether the title is inaureble This determination has already been made Part of that
determ~netlon involves the Company's denle~on 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 aa Exclusions
These risks will not be covered by the Policy
Another part of the determination involves whether tho prom;se to ~nsure is conditioned upon certain requirements being met
Schedule C of tho Commitment lists those requirements that must be sstished or the Company w~ll refuse the cover them You may
want to d~scuss any matters shown on Schedules Bend C of the Commitment with an attorney These matters will affect your title
and your use of the land
When your Policy ~s issued, tho 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 ~n a particular ~nstanoe Exceptions are shown
on Schedule B or discussed in Schedule C of the Commitment They cen also be added ~f you de not comply w~th the
Conditions section of the Commitment When the Policy is ~ssued, all Exceptions will be on Schedule S of the Pohcy
EXCLUSIONS are title risks that a POlicy generally does not cover Exclusions are contained ~n tho Policy but not shown
or d~scuased in the Commitment
CONDmONS are additional provisions that qualify or l~m~t your coverage Conditions ~nclude your respone~b~llbes and thoae
of the Company They are contained In the Policy but not shown or d~souased ~n the Commitment The PolK:y Condlbens
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
~-800-ESE-SS~O or by calling tho title insurance agent that issued the Commitment The State Beard of Inaurence 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 t-800-SSE-~4~S,
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 S, paragraph 2) To get this amendment, you must
furnish a survey On the Owner Policy, you must pay an additional premium for the amendment If the survey is acceptable
to the Company, your policy will insure you against loss because of discrepenc~as 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 spac~ exceptions m the Pohcy
Nlow the Company to add an exception to "rights of parties in pcessss~on" If you refuse this exception, the Company
or the title ~nsurenoe agent may inspect the property The Company may except to and not insure you aganst the rights
of specific persons, such as renters, adverse owners or easement holders who occupy the land Tho Company may charge
you for the inspection
Fo~m Oommltment [l~tmall~t Effective Jafluary 1, las3
CO~EiITliENT FOR TITLE INSURANCE
SCHEDULE A
EFFECTIVE DATEs September 09, 1997 GF NO. = 97-1736S
COI~ITHENT NO. ~ , iss~ Sep=ember 23~ 1997 at 8~ O0 ~ ~
( If applicable)
POLICY OR POLICIES TO BE ISSUED~
(a.) O~ POLICY OF ~TLE INS~CE (Form T-~)
(Not applicable for i~roved one-to-four fa~ly residential real estate)
Policy ~unt: TO BE DETERMINED
Proposed I~ured~ CI~ O~ DE~ON
(b.) O~E~ POLICY OF TITLE ~NS~CE -
ONE-TO-PO~ F~LY ~SIDENCES (Form T-IR)
Pol~u~ ~un~
Proposed I~ured~
(c.) ~RTG~EE POLICY OF TITLE INS~CE (Form T-2)
Proposed
Proposed Borro~r~
(d.) ~RTGAGEE POLICY B~ER ON I~ERIM CONSTRUCTION LO~ (Form
B~er ~unt~
Proposed I~ured~
Proposed
( e. ) OT~
Pol~c7 ~un=~
Proposed
2. The in=eres~ in =he land covered by ~s Content is Fee S~mple
3. Record ~le =o =he land on =~ Effective Da~e appears to be yes=ed t~
RUTH G. ~LL~ and ~G~T ~YS and B~LLY H ~LL~ and ~C~A L. ~LLU~
and ~CH~L W. ~LL~ and B~ ~LL~
4. Lesal descr~p=~on of =he land~
~1 =~= terrain =rac~ o~ land bei~ s~=~=ed ~n =he ~ ~=e Survey, Abstract No
1~06 and =~ N. Wade Survey, Abstrac= No 1~07, Den=on County, Te~s and beins
partic~arly described ~n g~b~t "A" attached hereto and ~de a part hereof
Dentex Title Company
A~thorized ~ountereignature
FOP,~ Commi=ment-Sohedule A Effective January, I 1993
EXHIBIT "A"
County Danmn
Highway U.S. 77
Project Umita= Rom LH. 35 Rev November 28, ]994
To
Ca J: 0196.02.
Aosount:
REID NOTES FOR PARCEL 8B
BEING A PARCEL OF LAND SITUATED IN A CALLED 12E-ACRE PARCEL OF LAND CONVEYED TO BARBARA
KELLUM, ET AL, RECORDED IN VOLUME 946, PAGE 263, DEED RECORDS DENTON COUNTY, TEXAS (DRDCTI,
AND BEING SITUATED IN THE NATHAN WADE SURVEY, ABSTRACT NO. 1407, CITY OF DENTON, DENTON
COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS
COMMENCING for raferonoe at a found bmee monument being a point on the south right of way line of Loop 288
(e variable width right of way);
THENCE S 3~° 02' 30" W, along the south dght of way line of Loop 288, a distance of 32 62 feat to e set E/8-
Inoh iron rod with en aluminum cap being the POINT OF BEGINNING. some being a point on the new north right
of way line of U,8. 77.
(I} THENCEa88· 11' 36" F., with the new nmlh right of way IIne of U.8 77, edlstanoeof346 14
feat to I sat S/a-loeb Iron rod with an aluminum cap for the southweaterly cut beck comer of the
new Bonnie Brae Road right of we*/.
(2) THENCE N 78° 48' 82" E. a dlotance of 150 O0 feet to · ant 5/8-inch Iron rod with an aluminum
anp for the northwsotariy cut beak somer of the new Bonnie Brae Road right of way.
THENCE[ N 31° 48' 82" E, with the new wcot right of wayIlne of B°nnle Bee Road. a dlatanc"
of 464.93 feet to · ~at E/8-1rmh iron rod with an aluminum cap being in the south line of 8aid
Loop 288;
(4} THENCE N 88° Ea. 18" E. along the south line of Loop 288. · dlatanca of 38.94 feat to e set
120d nell with ehlnor, some being in the exietfng want right of way line of ~eid Bonnie Brae Road,
{E! THENCE 8 00, 20' 08" W, along the oxladng w~at line of eeid Bonnie Brae Road, a dlmanca of
87.85 feat to a eat $20d nail with shiner In the new ee,t right of way fine of Bonnie Brae Road.
(6} THENCE 8 31° 48' 82" W, with the new coat right of way line of Bonnie Brco Road. · distance
of 437.46 feet to e eat 8/8-1rmh Iron md with an aluminum cap for the northsoatariy ,Jut back
somer to the new north right of we,/line of U.8 77;
(7) THENCEi 8 13° 11' 08" E, wtth sold new right of way line of U.S. 77,· dl~ance of BO,O0 feat
to · cot E/8-1n~h Iron md with en aluminum cap for the southco,tarly ,Jut book oomer of the new
north rigM of we,/line of U.$. 77,
(8} THENCE 8 880 11, 38, E, with amd new right of way line of U.S 77, e dlmanca of 284.12 font
to · eat 8/8-1coh Iron rod with an aluminum cap being in the exlatfng want right of way line of said
Boonle Brae Road;
(El THENCE B O0° 20' 08" W, along the axladng weat Ilea of ~ Boonla Brae Road. a dlatanca of
28.88 feet to ·fenso comer for the anuthcoat m~n,r of add Keilum trm=t, ~nd being In the
exladng north right of Ymy line of U.8. 77;
(10) THENCEN88e 13'88"W, wtththasouthllneofcoidKellumtmnt~ndthemdadngnorthright
of way IMa of U.8. 77, a dlatenco of 747.92 feet m a point on the south right of way line of
Loop 288;
(11) THENCE N 380 02' 30" E, Mens the south line of LonP288, a dlmonco of 2E'84 feet to the
POINT OF BEGINNING and containing 1.157 mere,, or 60,398 square feat of land, more or Ieee
COI~tIT~ENT FOR TITLE INSURANCE
SCHEDULE B
EXCEPTIONS PROM COVERAGE
G F. No.: 97-[7368
In addition 1:o ~.he Exclusions and Conditions and Stipulations~ your Policy w~ll not
cover loss, ooete, attorneys' faes~ and expanses resulting fro~
1. The followin~ restrictive covenants of record itemized below (We must either
insert specific reoordin~ data or delete this exception)'
This exception ia hereby deleted in its entirety.
2. Any disorepancie$~ conflicts, or shortages in area or boundary lines, or any
encroachments or protrusions~ or any overlapping of improvements.
3. Homestead or community property or suvivorship 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
perenr~al rivers and streams~ lakes~ bays, gulfs or oceans~ or
b. to lands beyond the line of the harbor or bulkhead lines as established
or chan~ed by any governman=~ or
c. to filled-in-lands, or artificial islands, or
d. to statutory water rights~ tn~ludin~ riparian rtghts~ or
e. to the area extendin~ from the line of mean low tide to the line o£ vesetation~
or the rights of access to that area or easement along and across that area
(Applies to the Owner Policy only. )
5. Standby fees, taxes and assessments by any taxing authority for the year 1997 and
subsequent years, and subsequent taxes and assessments by any taxing authority for
prior years due to change in land usage or ownership
6. The terms and oonditions of the documents creating your interest in the land.
7. l~ateriels furnished or labor performed in connection with planned construction
before eignin~ and delivering the lien document described in Schedule ~ if the land
is part of the homestead of the owner. (Applies to the ~ortgagee Title Policy
Binder on Interim ~onstru~tion Lean 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 =o the land, but that are subordinate to the
lien of the insured mortgage. (Applies to the Mortgagee Policy only )
9 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. LIEN TO BE CREATED IN PORlg ACCEPTABLE TO THIS C0~PANY.
b. This policy insures real estate only and does not insure title to any
removables which may be situated thereo~
c. Any matters that might arise as a result of a current survey o£ the
property.
d. Rights of parties in possession. (On OTP only)
e. Any visible and apparent easements over and across said property, the
existence of which does not appear of record.
FOP~ Commitment-Schedule B Effective January 1, 1993
:ONTINUATION OF SCHEDULE B
G. ff. No..' 97-L736S
f. Any par= or portion of the herein described proper~y, 1yinS within the
boundaries of a public or private road or risht of way.
g. Any outstanding oil, gas and other mineral interest owned by others of
record in the office of the County Clerk of Denton County, Texas, including, but
not limited ~o the following~
1) Lease between Eu~h Kellum e= al and Derrick Petroleum Inc. recorded on Oct
1, 1981 in Volume 1104, Page $84, Deed Records o£ Denton County, Texas
2) Lease between Billy ~- Kellum et al and W. It Marshall recorded on April
1985 in Volume 1616, Page 178, Peal Property Records of Denton County, Texas.
*Title to said mineral leases~reservations have not been researched subsequent
to date of doc,,m~nt.
h. Easement granted to BRAZOS RIVER TRANSMISSION ELECTRIC COOPERATIVE, INC
from ~.W. GOODWIN ET UX, by instrument filed DEC. 31, 1946 and recorded in
Volume 332, Page 501, DEED Records, Denton County, Texas
i. Easement granted to DENTON COUNTY ELECTRIC COOPERATIVE, INC. from ~. W
GOOD,IN ET ~Y~ by ine~r--~nt filed AUG. 1S, 1947 and recorded in Volume 339,
Page 123, DEED Records, Denton County, Texas.
J. Easement granted ~o TEXAS MUNICIPAL POWER AGENCY from RUTH G. KELLU~ ET AL,
by instrument filed JUNE $, 1986 and recorded in Volume 1900, Page 300, REAL
PROPERTY Records, Denton County, Texas.
FOEI~ Commitment-Schedule B Effective January 1, 1993
CO~T~4ENT FOP, T~TLE INSURANCE
SCHEDULE C
G.F No · 97-1736S
Your Policy will not cover loss, costs, attorney's fees, and expenses resulting from the
following requirements that will appear as ET~eptions in Schedule B of the Policy,
unless you dispose of these matters to our satisfaction, before the date the Policy is
issued:
1. Documents creating your title or interest must be approved by us and must be
signed, notarized and filed for record.
2. Satisfactory evidence must be provided that.
no person occupying the land claims any interest in that land against the
persons named in paragraph 3 of Schedule A,
all standby fees, taxes, assessments and c~arges against the property have been
paid,
all improvements or repairs to the property are completed and accepted by
owner, and that all contractors, subcontractors, 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 ~ortgagae Policy only) restrictions have not been and will not be
violated that affect the validity and priority o£ the insured mortgage
3 You must pay the seller or borrower the agreed amount for your property or interest
4. Any defect, lien or othermstter that may affect title to the land or interest
insured, that arises or is filed after the effective date of this Commitment
5. Upon receipt of a survey acceptable to Company and upon payment of all the
expenses in connection with the survey and the applicable premium, if any, Item 2 of
gchedule B will be deleted e=e~ept for "shortages in area," subject to any additional
exceptions revealed by the survey.
6. Upon payment of the applicable premium, Paragraph 3 of Schedule B of any
~ortgagee Title Policy or Mortgagee Title Policy Binder on Interim Construction Loan
will be amended to read as £ollowe~ "Standby fees, taxes and assessments by any
taxing authority for the year 1997 and subsequent years"
?. Upon payment of the applicable premium, Paragraph 3 of Schedule B of any
Mortgagee Title Policy or Mortgagee Title Policy Binder on Interim Construction Loan
will be amended to include the following language' "Company insures that standby
fees, taxes and assessments by any taxing authority for the year 1997 are not yet
due and payable."
8. Note to all buyers, sellers, borrowers, lenders and all parties having an
interest in the transaction covered by this commitment. The following constitutes a
major chan~a in the procedures and requirements for disbursement of funds pursuant
to this transactio~u
The State Board of Insurance has adopted Article 9.39A disbursement from trust fund
accounts and Procedural Eule P-27 ~hich requires that sufficient "good funds" be
received and deposited to the trust fund account before disbursment. "~ood funds"
is defined in part as~ 1. cash or wire transfers$ 2. certified checks, cashier's
checks and teller's checks$ 3. unoertified funds in amounts less than $1500.00,
including personal checks, travelers checks, money orders, and negotiable orders of
FOPd~ Co~tment-Schedule C Effective January 1, 1993
JONTINUATION OF SCHEDULE C
G.F. No.~ 97-17368
withdrawall provided multiple items shall not be used to avoid :he $1500 00
limitatio~ and 4. uncertified funds in amounts of $1500.00 or more, drafts and any
other items when collected b7 the financial institution
9. Obtain end return to title company a signed statement made by purchaser/borrower
acknowledging receipt of title comm4tment prior to closing, and acceptance of the
exceptions shown under Schedule B thereof.
If the propert7 is occupied b7 other than ownar~ obtain tenant's disclaimer or
waiver~ otherwise, exception will be taken to rights of parties in possessio~
11. Obtain Seller's Affidavit aa to no debts, liens, etc on said property for
recent improvements, if any, or under UCC filing.
12. A~ditional Closing Requirements ($ page ford must be signed and initialed by
all parties in this transaction.
13. Bankruptcies=
BAP~ARA F~ EEECE SS#N/A (PARIS) #lg41P 09/18/B7
BAP~ARA REESE gS~4~2-64-0772 (NOUSTO~ #42002 02/2?/97
, $$#457-72-1560 " " "
REQUIRE~ENT~ Affidavit with proper identification to affirm that ~AR~ARA F. REESE,
is not the same persom as an7 of those who are parties to any of the above mentioned
bankruptcies CE require evidence that they have authority to ente~ into the
trane action
~. Bankruptcies.'
LAURA ]~ KELLUM g$#4~-06-~303 (DALLAS) #37307D 10/31/90
REQUIREMENTs Affidavit with proper identification to affirm that LAURA KELLUM, is
not the acme person as any of those who are parties to any of the above mentioned
bankruptcies OR require evidence that they have authority to enter into the
transactiom
15 If RUTH G. KELLUI% MARGARET HAYS, BILLY H. KELLU~, MARCIA L. KELLU~ MICHAEL W
KELLUI~ end/or BARBARA KELLUM is married then spouse(s) should loin in oonveyance
16 Require proper documentation showin~ who hms authority to execute documents on
behalf of CITY OF DENTON.
FOE~ Commitment-Schedule C Effective January 1, 1993
Alamo Title Insurance of Texas
COMMITMENT FOR TITLE INSURANCE GF NO g7-1736S
SCHEDULE D
Pursuan~ to the requirements of Rule P-21, Basic Manual of RulesI Rates and Forms for the
writing of Title Insurance in the State of Texas, the following disclosures are made
1. The following Individuals are directors and/or officers, as indicated, of Alamo Title
Insurance of Texas.
A1 ex H. Nalff, Chaiman of the Board, Oon H. Still, President, Ruth W
McCracken, Senior Vice Prestdentl Richard B Squ=lla, Vice President,
Pat L. Wilson, Secretary-Treasurer
DIRECTORS~ Jack Biegler, Alex N. Halff, Ruth W McCracken, Travls M
Moursand, Robert T. Rork, Don H. St=ll, E. Oon Walker, Jr , James
Wilson and Pat L. Wilson
Alex H. Halff, Howard A Halff, the Estate of Thomas A Halff, and
Mortga e Loan & Agency Co. are owners of more than 10~ of the stock of
Alamo ~itle Insurance of Texas. Travis M Moursund and Alfred Moursund
are each an owner of more than 104 of the stock of Mortgage Loan &
AgenCy Co.
2 The following disclosures are made by the Title Insurance Agent ~ssu=ng th~s commitment
OWNERS of lO0~ of Oentex Tttle Company, Adams Title Company
O]RECTORS of Dentex Title Company= Phil Adams, Ruth Adams & Rebecca
Arnold-Moore
OFFICERS ,of Oentex Title Comaany= Rebecca Arnold-Moore, President, Jack Hanna, Wce
President, Stacte Bourland, Secretary/Treasurer
Phil Adams and Ruth Adams own 1004 of the stock of Adams Title Company
3 You are entitled to receive advance disclosure of settlement charges ~n connection with
e to osed transaction to which this commitment relates Upon ~our request, such
~c~os~re wtll be made to you Additionally, the na~e of ag~ per~n,,fl~ or
~e=vlng any sum from the settlement of this transaction
or settlement statement.
You are further advised that the estimated title premium* is'
Owner Policy To Be Determined
Mortgage Policy
Endorsement Charges
Total T~.~term:ned
Of this total amount 1 7.7~ ~ will be pa~d to the policy issuing Title
Insurance Company) ~? ...... ~ w=ll be retained by the Title Insurance Agency, and
the remainder of th p~emlum will be pa~d to other part,es as follows
AMOUNT TO WHOM FOR SERVICES
* The estimated premium is based u~on information furnished to us as the date of this
Commitment for Title Insurance. Final determ=nation of the amount of premium w=11 be made
at closing in accordance with the Rules and Regulations adopted by the State Board of
Insurance.
Alamo Title Insurance
of Texas
GF No
(Optional)
DELETION OF ARBITRATION PROVISION
(Not applicable to the Texas Res~dentml Owner Pohcy)
ARBITRATION ~s a common form of alternative d~spute resolution It can be a quicker and cheaper means to
settle a d~spute with your T~tle Insurance Company However, ~f you agree to arbitrate, you g~ve up your r~ght to
take the T~tle Company to court and your r~ghts to d~scovery of ewdence may be hm~ted ~n the arb~tratmn
process In add~tlon, you cannot usually appeal an arbitrator's award
Your policy contains an arbitration provision (shown below) It allows you or the Comaanv to re~'ulre arbitration
If the amount of Insurance Is $1,000,000 or less If you want to retain your right to sue the Company In case of a
dispute over a olalm, 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 trans-
action or by writing to the Company
The Arbitration prowsmn ~n the Pohcy ~s as follows
"Unless prohtb~ted by apphcable law or unless th~s arbitration section ~s deleted by specific prows~on
m Schedule B of th~s pohcy, e~ther the Company or the Insured may demand arbitration pursuant to
the T~tle Insurance Arbitration Rules of the American Arb~trabon Assocmt~on Arbitrable matters may
include, but are not hm~ted to, any controversy or claim between the Company and the Insured ar~s~
lng out of or relating to th~s Policy, and service of the Company m connection w~th Its issuance or the
breach of a pohcy prows~on or other obhgat~on All arbitrable matters when the Amount of Insurance
~s $1,000,000 or less SHALL BE arbitrated at the request of e~ther the Company or the Insured, unless
the ~nsured ~s an ind~wdual person (as d~stmgmshed from a corporation, trust, partnership, associa-
tion or other legal entity) All arbitrable matters when the Amount of Insurance is ~n excess of
$1,000,000 shall be arbitrated only when agreed to by both the Company and the Insured Arb~tratmn
pursuant to this Pohcy and under the Rules ~n effect on the date the demand for arbitration Is made
or, at the opbon of the Insured, the rules ~n effect at the Date of Pohcy shall be binding upon the
parties The award may ~nclude attorney's fees only ~f the laws of the state m which the land ~s located
permit a court to award attorneys' fees to a preva~hng party Judgment upon the award rendered by
the Arbitrator(s) may be entered ~n any court hawng lurlsd~cbon thereof
The law of the s~tus of the land shall apply to an arbitration under the T~tle Insurance Arbitration
Rules
A copy of the Rules may be obtained from the Company upon request '
I request deletion of the Arbitration prows~on
SIGNATURE DATE