2015-085s:\legal\our documents\ordinances\15\ordinance settl m085 ccbv.docx
ORDINANCE NO. 2015-085
AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
EXECUTE A PURCHASE AGREEMENT, BY AND BETWEEN THE CITY OF DENTON,
TEXAS ("CITY"), AS BUYER, AND CCBV, LLC, A TEXAS LIMITED LIABILITY
COMPANY (THE "OWNER"); AS SELLER, TO ACQUIRE FEE SIMPLE TO A 0.535 ACRE
TRACT, LOCATED IN THE MORREAU FORREST SURVEY, ABSTRACT NO. 417, CITY
OF DENTON, DENTON COUNTY, TEXAS, GENERALLY LOCATED IN THE 200 BLOCK
OF NORTH MAYHILL ROAD, (THE "PROPERTY 1NTERESTS"), FOR THE PURCHASE
PRICE OF FOUR HUNDRED FORTY THOUSAND DOLLARS AND NO CENTS
($440,000.00), AND OTHER CONSIDERATION, AS PRESCRIBED 1N THE PURCHASE
AGREEMENT (THE "AGREEMENT"), AS ATTACHED TO THIS ORDINANCE AND
MADE A PART HEREOF AS EXHIBIT "A," AUTHORIZING THE EXPENDITURE OF
FUNDS THEREFORE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Denton, Texas (the "City") has initiated the widening and
expansion of Mayhill Road affecting, among other lands and interests, the Property Interests;
WHEREAS, the widening and expansion of Mayhill Road constitutes a valid public use
of the City and its citizens;
WHEREAS, the City made a written Initial Offer (herein so called) CCBV, LLC, a Texas
limited liability company, the owner of the Property Interests ("Owner") on Apri17, 2014;
WHEREAS, the City made a written Final Offer (herein so called) to the Owner of the
Property Interests on or before June 17, 2014;
WHEREAS, Owner has made a counteroffer to the Offer(s) of City;
WHEREAS, City is amenable to the counteroffer, and finds that it is in the best interest to
agree to same; NOW, THEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Council finds that a public use and necessity exists, and that the
public welfare and convenience require the acquisition of the Property Interests by the City. The
City Council hereby finds and determines that the acquisition of the Property Interests is
necessary for public use to provide street and roadway expansion, related improvements to serve
the public and the citizens of the City of Denton, Texas.
SECTION 2. The City Manager, or his designee, is hereby authorized to execute for and
on behalf of the City (i) the Purchase Agreement, by and between the City and Owner, in the
form attached hereto and made a part hereof as Exhibit "A", with a purchase price of
$440,000.00 and other consideration, plus costs and expenses, all as prescribed in the Purchase
s:\legal\our documents\ordinances\15\ordinance settl m085 ccbv.docx
Agreement; and (ii) any other documents necessary for closing the transaction contemplated by
the Purchase Agreement.
SECTION 3. If any section, article, paragraph, sentence, phrase, clause or word in this
ordinance, or application thereof to any persons or circumstances, is held invalid or
unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of
the remaining portions of this ordinance; the City Council declares that it would have ordained
such remaining portion despite such invalidity, and such remaining portion shall remain in full
force and effect.
SECTION 4. This ordinance shall become effective immediately upon its passage and
approval. �mmm��
PASSED AND APPROVED this the "�,��� day of �� ��� ,_____, 2015�
(:."1-�l� l`�"��"�,*T,�,1'u'1,�YOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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BY• . �� :.�� .��_°"� ��� �? :�.���' ..
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APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
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EXHIBIT "A"
PURCHASE AGREEMENT
NOTICE
YOU, AS OWNER OF THE PROPERTY (AS DEFINED BELO�, HAVE THE RIGHT
TO: (1) DISCUSS ANY OFFER OR AGREEMENT REGARDING THE CITY OF
DENTON'S ACQUISITION OF THE PROPERTY WITH OTHERS; OR (2) KEEP THE
OFFER OR AGREEMENT CONFIDENTIAL, UNLESS THE OFFER OR AGREEMENT
IS SUBJECT TO CHAPTER 552, GOVERNMENT CODE.
._ �
THIS PURCHASE AGREEMENT (the "Agreement") is dated ,�,��""�� � � „
2015, but effective as of the date provided below, between CCBV, LLC ("Owner") and the City
of Denton, Texas ("City")
WITNESSETH:
WHEREAS CCBV, LLC is the Owner of a tract of land (the "Land") in the Morreau Forrest
Survey, Abstract Number 417, Denton County, Texas, being affected by the public improvement
project called the Mayhill Road Widening and Improvements Project ("Project"); and
WHEREAS, City is in need of certain fee simple lands, being a part of the Land, related to
the Project; and
WHEREAS, it is desirous of both parties to stipulate and agree to the terms and conditions
associated with the purchase of the necessary real property interests for the Project, in lieu of
condemnation proceedings;
NOW, THEREFORE, for Ten and No/100 Dollars ($10.00), and other good and valuable
consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as
follows:
M085/CCBV, LLC/Purchase Agreement—REVISED
1. A. At Closing, the Owner shall grant, execute, and deliver to the City a Special Warranty
Deed (herein so called), conveying to the City, subject to the reservations described below, the
tract of land being described in Exhibit "A" and depicted in Exhibit "B" to that certain Special
Warranty Deed, and other interests as prescribed therein (the "Fee Lands"), the Special Warranty
Deed being attached hereto as Attachment 1 and made a part hereof.
The Special Warranty Deed shall be in the form and upon the terms as attached hereto and
incorporated herein as "Attachment 1".
B. Owner, subject to the limitation of such reservation made herein, shall reserve, for themselves,
their heirs, devisees, successors and assigns all oil, gas and other minerals in, on and under and that
may be produced from the Fee Lands. Owner, their heirs, devisees, successors and assigns, shall not
have the right to use or access the surface of the Fee Lands, in any way, manner or form, in
connection with or related to the reserved oil, gas, and other minerals and/or related to exploration
and/or production of the oil, gas and other minerals reserved herein, including without limitation, use
or access of the surface of the Fee Lands for the location of any well or drill sites, well bores,
whether vertical or any deviation from vertical, water wells, pit areas, seismic activities, tanks or
tank batteries, pipelines, roads, electricity or other utility infrastructure, and/or for subjacent or
lateral support for any surface facilities or well bores, or any other infrastructure or improvement of
any kind or type in connection with or related to the reserved oil, gas and other minerals, and/or
related to the exploration or production of same.
As used herein, the term "minerals" shall include oil, gas and all associated hydrocarbons, and shall
exclude (i) all substances that any reasonable extraction, mining or other exploration and/or
production method, operation, process or procedure would consume, deplete or destroy the surface
of the Fee Lands; and (ii) all substances which are at or near the surface of the Fee Lands. The intent
of the parties hereto is that the meaning of the term "minerals" as utilized herein, shall be in
accordance with that set forth in Reed v. Wylie, 597 S.W.2d 743 (Tex. 1980).
2
IVIQ�S/C���l, L,L,�/Purchas� ,�.greernent —ItFJ\1I�EI)
As used herein, the term "surface of the Fee Lands" shall include the area from the surface of the
earth to a depth of five hundred feet (500') below the surface of the earth and all areas above the
surface of the earth.
2. As consideration for the granting and conveying of the Fee Lands to the City, the City shall pay
to Owner at Closing the sum of Four Hundred Forty Thousand and No/100 Dollars ($440,000.00).
The monetary compensation prescribed in this Section 2 is herein referred to as the "Total Monetary
Compensation".
3. The Owner shall convey and grant to the City the Fee Lands free and clear of all debts, liens and
other encumbrances (the "Encumbrances"). The Owner shall assist and support satisfaction of all
closing requirements of the City in relation to solicitation of releases or subordinations of the
Encumbrances and other curative efforts affecting the Fee Lands, if necessary in the discretion of the
City. In the event that all Encumbrances are not cured to the satisfaction of City prior to Closing,
such shall not be a default hereunder, although Owner may otherwise be in default under Section 10,
below. However, if the Encumbrances are not cured as provided herein, City has the option of either
(i) waiving the defects related to the remaining Encumbrances by notice in writing to Owner on or
prior to the Closing Date, upon which the remaining Encumbrances shall become Permitted
Exceptions (herein so called), and proceed to close the transaction contemplated by this Agreement;
or (ii) terminating this Agreement by notice in writing to Owner, in which latter event Owner and
City shall have no further obligations under this Agreement.
4. Owner stipulates that the Total Monetary Compensation payment, and the City's installation of
a 30-foot driveway approach, constitutes and includes all compensation due Owner by City related
to the Project, including without limitation, any damage to or diminution in the value of the
remainder of Owner's property caused by, incident to, or related to the Project, value of, damage to
and/or costs of repair, replacement and/or relocation of any improvements, turf, landscape,
vegetation, or any other structure or facility of any kind within the Fee Lands related to activities
conducted pursuant to the City ownership of the Fee Lands, and interference with Owner's activities
on other property interests of Owner, caused by or related to activities related to the Project on the
3
M085/CCBV, LLC/Purchase Agreement—REVISED
Fee Lands, whether accruing now or hereafter, and Owner hereby releases for themselves, their
heirs, devisees, successors and assigns, the City, it's officers, employees, elected officials, agents
and contractors from and against any and all claims they may have now or in the future, related to
the herein described matters, events and/or damages.
5. The Closing (herein so called) shall occur in and through the office of Title Resources, LLC, 525
South Loop 288, Suite 125, Denton, Texas, 76205 ("Title Company"), with said Title Company
acting as escrow agent, on the date which is 180 days after the Effective Date, unless the Owner and
the City mutually agree, in writing, to an earlier or later date ("Closing Date"). In the event the
Closing Date, as described above, occurs on a Saturday, Sunday or Denton County holiday, the
Closing Date shall be the next resulting business day.
6. The stipulated Total Monetary Compensation amount shall be paid by the City at Closing to the
Owner through the Title Company. Ad valorem taxes relating to the Fee Lands for the calendar year
in which Closing shall occur shall be prorated between Owner and City as of the Closing Date. If
the actual amount of taxes for the calendar year in which Closing shall occur is not known as of the
Closing Date, the proration shall be based on the amount of taxes due and payable with respect to the
Fee Lands for the preceding calendar year, and shall be readjusted in cash as soon as the amount of
taxes levied against the Fee Lands for the calendar year in which Closing shall occur is known. The
result of such proration is that the Owner shall pay for those taxes attributable to the period of time
prior to the Closing Date (including, but not limited to, subsequent assessments for prior years due to
change of land usage or ownership occurring prior to the Closing Date) and City shall pay for those
taxes attributable to the period commencing as of the Closing Date. All other typical, customary and
standard closing costs associated with this transaction shall be paid specifically by the City, except
for Owner's attorney's fees, if any, which shall be paid by Owner.
7. The date on which this Agreement is executed by the City shall be the "Effective Date" of this
Agreement.
4
M085/CCBV, LLC/Purchase Agreement —REVISED
8.A. In the event Owner shall default in the performance of any covenant or term provided herein,
and such default shall be continuing after ten (10) days written notice of default and opportunity to
cure, City may exercise any right or remedy available to it by law, contract, equity or otherwise,
including without limitation, the remedy of specific performance.
B. In the event City shall default in the performance of any covenant or term provided herein, and
such default shall be continuing after ten (10) days written notice of default and opportunity to cure,
Owner may, as its sole and exclusive remedy, either (i) terminate this Agreement prior to Closing by
written notice of such election to City; or (ii) enforce specific performance of this Agreement.
9. THE LAWS OF THE STATE OF TEXAS SHALL CONTROL AND APPLY TO THIS
AGREEMENT FOR ALL PURPOSES. THIS AGREEMENT IS PERFORMABLE IN DENTON
COUNTY, TEXAS. VENUE FOR ANY ACTION ARISING HEREUNDER SHALL LIE
SOLELY IN THE COURTS OF COMPETENT JURISDICTION OF DENTON COUNTY,
TEXAS.
10. From and after the Effective Date of this Agreement, through and including the Closing Date,
Owner shall not (i) convey or lease any interest in the Fee Lands; or (ii) enter into any agreement
that will be binding upon the Fee Lands, or upon the Owner with respect to the Fee Lands, after the
date of Closing.
11. Any notices prescribed or allowed hereunder to Owner or City shall be in writing and shall be
delivered by telephonic facsimile, hand delivery or by United States Mail, as described herein, and
shall be deemed delivered and received upon the earlier to occur of (a) the date provided if hand
delivered or delivered by telephonic facsimile; and (b) on the date of deposit of, in a regularly
maintained receptacle for the United States Mail, registered or certified, return receipt requested,
postage prepaid, addressed as follows:
5
M0�5/�CI3�/, L,I,�/Purchase �lgreernent— 5/ISET�
OWNER: CITYa
CCBV, LLC City of Denton
Paul Williamson, Real Estate Manager
._ _. _� ...... ... ,
Engineering Services
901-A Texas Street
Phone Denton, Texas 76209
Teleco�� � �.... _____.
PY� �..........�W�W..�........ ..����._
Telecopy: (940) 349-8951
Copies to:
For Owner: fa�¢ �.it� ��'
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....�........... .... .... .... ......,. _����-�3���,���� �°i� �����a°����,��y�
....,
City Attorney's Office
.__......--- ............................................................................................ �
215 E. McKinney
Denton, Texas 76201
Telecopy: Telecopy: (940) 382-7923
12. This Agreement constitutes the sole and only agreement of the parties and supersedes any
prior understandings or written or oral agreements between the parties with respect to the subject
matter of this Agreement. Time is of the essence with respect to this Agreement.
13. The representations, warranties, agreements and covenants contained herein shall survive the
Closing and shall not merge with the Special Warranty Deed.
14. In the event prior to the Closing Date, condemnation or eminent domain proceedings are
threatened or initiated by any entity or party other than the City that might result in the taking of
any portion of the Fee Lands, City may, at its election, terminate this Agreement at any time
prior to Closing.
0
M085/CCBV, LLC/Purchase Agreement—REVISED
CITY OF DENTON, TEXAS
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GEO�.GE �=�:". CAMPBE.�.��,�����,��,���...�
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CITY MANAGER
Date: � ����� �„ _� 2015
ATTEST:
JENNIFER WA�,TERS, CITY SECRETARY
BY: �. �� �� �� ��
Date: °�� 20l 5
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
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BY: �' � �°°"
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Date: � � ' ��� � � �, 2015
OWNER:
CCBV, LLC
By: Merit SVC Holdings, LP
,:.�-t�; Managing Member
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Date: � � � �� �:.;� � �' �;,. �, � , 2015
7
M085/CCBV, LLC/PurchaseAgreement—REVISED
RECEIPT OF AGREEMENT BY TITLE COMPANY
By its execution below, Title Company acknowledges receipt of one (1) executed copy of
this Agreement. Title Company agrees to comply with, and be bound by, the terms and
provisions of this Agreement to perform its duties pursuant to the provisions of this Agreement
and comply with Section 6045(e) of the Internal Revenue Code of 1986, as amended from time
to time, and as further set forth in any regulations or forms promulgated thereunder.
TITLE COMPANY:
Title Resources, LLC
525 South Loop 288, Suite 125
Denton, Texas 76205
Telephone: (940) 381-1006
Telecopy: (940) 898-0121
:
Printed Name:
Title:
Contract receipt date : .... ............................� , 2015
8
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NOTICE OF CONFXDENTiALITY RXGHTS: IF YOU ARE A NATURAL
PERSON, YOU MA.Y REMOVE OR STRIKE ANY UR ALL OF THE
FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT
TRANSFERS AN TNTEREST IN REAL PROPERTY BEFORE TT IS FILED F4R
RECORD �N THE PUBLIC RECORDS: YOUR SOCIAL SECURTTY NUMBER
OR YOUR DRIVER'S LYCENSE NUMBER.
SPECIAL WA�RRANTY DEED
STATE OF TEXAS
C4UNTY OF DENTON
§
§
§
KNOW ALL MEN BY THESE PRESENTS:
That CCBV, LLC (herein called "Grantor"), for and in consideration of the sum
of TEN AND NO/i 00 DOLLARS ($10,00), and other good and valuable consideration to
Grantor in hand paid by the CITY OF DENTON, TEXAS, a Texas Home Rule Municipal
Corporation (herein called "Grantee"), 2I5 E. McKinney, Denton, Texas 76201, the
receipt and sufficiency of which are hereby acknowledged an.d confessed, has
GRANTED, SOLD and CONVEYED, and by ihese presents does GRANT, SELL and
CONVEY, unto Grantee all the reat property in Denton County, Texas being particularly
described in Exhibit "A" and depicted in Exhibit "B", attached hereto and made a part
hereof for all purposes, and being Iocated in Denton County, Texas, together vvith any
and all xights or interests of Gran.tor in and to adjacent streets, alleys and rights of way
and together with all and singular the irnprovements and fixtures thereon and all other
rights and appurtenances thereto (collectively, the "Property"}.
Grantor, subject to the limitation of such reservation made here'rn, reserves, for
theinselves, thezr heirs, devisees, successors and assigz�s all oil, gas and other minerals in,
on and under and tl�at may be produced from fhe Property. Grantor, their heirs, devisees,
successors and assigns shall not have the right to use or access the surface af the
Property, in any wa�, manner or £orm, in connection with or reIated to the reserved oil,
gas, and other minerals andlor related to exploration and/or production of the oil, gas and
other minerals reserved herein, including without ]imitation, use or access of the surface
of the Property for the location of any well or drill sites, well bores, whether vertical or
any deviation from vertical, water wells, pit areas, seismic activities, tanks or tank
batteries, pipelines, roads, electriciiy or other utility infrastruciure, and/or for subjacent or
lateral support for ar►y surface facilities or well bores, or any other infrastruciure or
improvement of any kind or type in connection with or related to tha xeserved oil, gas and
other minerals, and/or related to the exploration or production of same.
As used herein, the term "other minerals" shall include oil, gas and all associated
hydrocarbnns and shall exclude (i} all substances that any reasonable extraction., mining
or other exploration and/or production method, operation, process or procedure would
consume, deplete or destroy the surface of the Property; and {ii) all subst�nces which are
at or near the surface of the Property. The intent of the parties hereto is that the meaning
of the term "other minexals" as utilized herein, shall be in accordance with thai set farth
in Reed v. Wylie, 597 S.W.2d 743 {Tex. 1980},
As used herein, the term "surface of the Property" shall include the area from the surface
of the earth to a depth of five hundred feet (500'} below the surface of the earth and all
areas above the surface of the earth.
Exceptions to conveyance and warranty:
Terms and Conditions of Boundary Line Agreement by and between Mildred
Morris and Troy Glenn and Sylvia Jo Glenn, filed September 30, 1986, recorded
in Volume 1991, Page 176, Real Property Records of Denton County, Texas.
Grantor hereby assigns, vvithout recourse or representation, to Grantee, any arnd alI
claims and causes of action that Grantor may have for or related to any defects in, or
injury to, the Property.
TO HAVE AND TO HOLD the Property, together with all and singular the rights
and appurtenances thereta in anywise belonging unto Grantee and Gran.tee's successors
and assigns forever; and Grantor does hereby bind Grantor and Grantor's heirs, devisees,
successors and assigns to WARRANT AND FOREVER DEFEND all and singular the
Page 2 of 4
Property unto Grantee and Grantee's successors and assigns, against every person
whoriasoever lawfully claiming or to clainn the same or any part thereof, by, through or
under Grantor, but not otherwise.
� EXECUTED the � w, � day of __ 2015.
..�.�.,
CGBV,LLC
By: Merit SVC Holdings, LP
Managing Member
By: CBCV Management, Inc.
Its General Partner
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ACKNOWLEDGMENT
THE STATE �F TEXAS
COUNTY OF DENTON
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This instxument was acknowled ed before me o� � .+�� _�w_, 2015 by
Chad Volluz, President of CBCV Management, Inc Cx�� �� ���a ��a�r ���` ��rit SVC
Holdings, LP, Managing Member for CCBV, LLC.
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�„�,��»�.��,�.��.����,.�,..��.��,��,�� ��
�������.f. Martha Bosley � �"�� '�f �,�
���'�����" Commission Expires �?�?t��°� Public, State ��' T����`�W�� ��
���^�������1 I�, I4�2017 ��� My comrnission expires
Page 3 of 4
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on � 2015 b
...................� Y
� Carrie Bishop, Vice- President of CBCV Management, Inc. eneral Partner of Merit
SVC Holdings, L�, Managing Member for CCBV, LLC.
��'����� Martha Bosl�'
��,' � �� Commission Expires
��"���� I1-I4-20I7
Upan FiCing Return To:
The City of Dentan-Engineering
Attn: Paul Williamson
901-A Texas Street
Denton, Texas 76209
Page 4 of 4
�'aa%1 i�, State of Texas
x��i��i��sa expires: _�;;
Property Tax Bills To:
City of Denton Finance Departinent
215 �. McKinney Street
Denton, Texas 76201
"��� rthur Surveying Co., I nc.
�.rofessiox.t�3 ��.uc3 Szaxs�e,yors
P.O. Bo:c 54 --- Lewisville, Texas 75067
Oliice: (972) 221-9439 �� Fa�c: (972) 221-4675
EXHIBIT "A"
MAYHILL ROAD
PARCEL M085
0.535 Acre
City of Denton, Denton County, Texas
BEIAiG all that certain lot, tract or parcel of land situated in the Morreau Forrest Survey, Abstract Number 417, City
of Denton, Denton County, Texas, and being part of a tract of land described by deed to CCBV, LLC., recorded
under Instrument Nuxnber 2011-122494, Official Public Records, Denton County, Texas (O.P.R.D.C.T.), and being
more particularly described as follows:
BEGINNING at a"Mag-Nail" found in Mayhill Road for the southwest comer of said CCBV tract and the
northwest comer of a tract of land described by deed to Black Bear Properties, LLC., recorded under 2004-154546,
O.P.R.D.C.T.;
THENCE North 02 degrees O1 minutes 48 seconds East, with the west line of said CCBV tract and said Mayhill
Road, a distance of 320.75 to a"PK" Nail set for the northwest corner of said CCBV tract and the southwest corner
of a tract of land described by deed to T.R. Carter, recorded in Volume 517, Page 68, Deed Records, Denton
County, Texas;
THENCE South 85 degrees 31 minutes 17 seconds East, with the north line of said CCBV tract and the south line
of said Carter tract, a distance of 68.97 feet to a 1/2 inch iron rod with yellow cap stamped "Arthur Surveying
Company" (A.S.C.) set for corner;
THENCE South 00 degrees 32 minutes 34 seconds West, over and across said CCBV tract, a distance of 318.17
feet to a L/2 inch iron rod with yellow cap stamped "A.S.C." set for corner in the south line of said CCBV tract and
the north line of said Black Bear Properties txact;
THENCE North 87 degrees 46 minutes 43 seconds West, with the south line of said CCBV tract and the north line
of said Black Bear Properties h•act, a distance of 77.17 feet to the POINT OF BEGINNING and containing 0.535
acre of land, more or less.
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C1107131-14
Parcel M085
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SCALE: 1" = L00'
Bearings shown liereon based on the Ciry of
Denton GIS Network.
NOTES:
• 1.R.F. = 1/2" Iron Rod Found
• I.R.S, = 1/2" Iron Rod Set with
yellow cap stamped "Arthur
Surveying Company"
• Easements recorded in Vol. 256, Pg.
495, Vol. 276, Pg. 66, Vol. 284, Pg.
172, Vol. 355, Pg. ] 11 & Vol, 425,
Pg. 34l do not affect this uact to the
best of my knowledge.
• All improvements not sliown hereon,
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EXHIB IT "B "
Mayhill Road
Parcel M085
0.535 Acre
Morreau Forrest Survey,
Abstract Number 417
City of Denton
Denton County, Texas
-- 2013 —
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� Instr. No. 2011-122494 �
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Instr. No. 2004-16454A
� �"�°-�"'� y� 3URV&YORBC&RTlPICAT[ON:
�° V� 73e imdaslgued doa Laro6y oartly W Tltle
+� Resonrc.cs (Q,A. No.10253� ohat tlil+sarvey wae
��,� ���� thLv daymade on rhe �ound of theDroP�Y �ai�Y
dcscnbed Lenou md is comc4 eud ro tLe 6at of
�ylmowleQgq then ero ao vla6le diecropandes,
�^ .. � conOtctr. o3otm�er !a aea, 6ouoduy 18oa oon8ide,
mcm.ebmeab, uvul�ppins efimpmvemeaa
easemenfs or dghro of way rhet I hsve 6eea edvleed
of exapt ee shown heieoa
rthur Surveying Co., Inc.
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Denton County
Juli Luke
County Clerk
Denton, TX 76202
70 201 5 000521 87
Instrument Number: 2015-52187
Recorded On: May 15, 2015
Parties: CCBV
To
Comment:
Warranty Deed 50.00
Total Recording: 50.00
As
Warranty Deed
( Parties listed above are for Clerks reference only )
** THIS IS NOT A BILL **
Billable Pages: 7
Number of Pages: 7
**********"""" DO NOT REMOVE. THIS PAGE IS PART OF THE INSTRUMENT *'"*****"`****
Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY
because of color or race is invalid and unenforceable under federal law.
File Information:
Document Number: 2015-52187
Receipt Number: 1288631
Recorded Date/Time: May 15, 2015 02:56:57P
User / Station: S Parr - Cash Station 3
Record and Return To:
TITLE RESOURCES
WILL CALL
DENTON TX 76202
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THE STATE OF TEXAS }
COUNTY OF DENTON }
I hereby certlTy that thls Instrument was FILED In the Flle Number sequence on the date/tlme
printed heron, and wes duly RECORDED In the Oillclal Records of Denton County, Texae.
Jull Luke
County Clerk
Denton County, Texas
��
PARTIAL RELEASE OF LIEN
����°
Date: ��� �I __�__ ____, 2015
Holder of Note and Lien: RAMTINO, LLC, a Texas limited liability company
Holder's Mailing Address: 525 South Loop 288
Suite 100
Denton, Denton County, Texas 76205
NOTE:
Date: December 1, 2011
Amount: $675,000.00
Borrower: CCBV, LLC, a Texas limited liability company
] 510 Randolph Street
Suite 202
Carrollton, Dallas County, Texas 75006
Lender: VIBE Investment Partners, LLC, a Texas limited liability company
525 South Loop 288
Suite l00
Denton, Denton County, Texas 76205
Trustee: Tom D. Jester, Jr.
Date of Maturity: As set forth in the Note.
Note and Lien Are Described in the Following Documents:
That certain Deed of Trust (Wraparound Financing) from CCBV, LLC, a Texas limited liability company,
as Grantor, to Tom D. Jester, Jr., Trustee, dated December 1, 2011, filed for record on December 22, 2011
and recorded under COUNTY CLERK'S FILE NO. 2011-122495, REAL PROPERTY RECORDS OF DENTON
COLTNTY, TCXAS, securing a Note in the original principal amount of $675,000.00 payable to the order of
VIBE Investment Partners, LLC, a Texas limited liability company, and securing other indebtedness as
described therein, if any; additionally secured by a vendor's lien retained in deed filed for record on
December 22, 2011 and recorded under COUNTY CLERK's FiLE No. 2011-122494, REAL PROPERTY
RECOrtDS oF DEN7'oN CoUNTY, TEXns; Assignment of Rents, Leases, and Other Benefits filed for record
on December 22, 2011 and recorded under COUNTY CLERK's FiLE No. 2011-122496, REAL PROPERTY
RECORns oF DEtvTON CoUN7'Y, TE7cAS; UCGl Financing Statement filed for record on December 22, 2011
and recorded under COUNTY CLERK'S F�LE No. 2011-122497, REAL PROPERTY RECORDS OF DENTON
COUNTY, TExAS; assigned to RAMTINO, LLC, a Texas limited liability company, by instrument filed for
record on July 1, 2013 and recorded under COLJNTY CLERK'S FILE NO. 2013-80053, REAL PROPERTY
RECORDS OF DENTON COUNTY, TE�.S; Assumption Agreement itled for record on April 25, 2014 and
recoYded under COUNTY CLERK'S F�LE No. 2014-37037, REAL PROPERTY RECORDS OF DENTON COLINTY,
TE7cAS.
GF#102536 PLR2
Page 1 of 4 Pages
Property (including any improvements) to be Released from Lien ("Property"):
Being all that certain 0.535-acre lot, tract or parcel of land, more or less, situated in the MORREAU
FORREST SURVEY, ABSTRACT NO. 417, CITY OF DENTON, DENTON COUNTY, TEXAS, and
being more particularly described in "EXHIBIT A" attached hereto and incorporated fully herein
by reference thereto.
For value received, Holder of Note and Lien acknowledges receipt of its partial payment and releases only
the Property from the Lien and from all liens held by Holder of Note and Lien, without regard to how they were
created or evidenced.
When the context requires, singular nouns and pronouns include the plural.
Holder of Note and Lien:
RAMTINO, LLC, a Texas limited liability company
By: JMBM Investments, Ltd., a Texas limited partnership, a Managing Men�ber
By: Orison Holdings, L.L.C., a Texas limited liability company, General Partner
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By: � � "
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�r�nd��r I��r�`rno, I�tan��in� T�I�r�rber
By; LRAR Investments, Ltd., a Texas limited partnership, a Managing Member
By: Orison Holdings, L.L.C., a Texas limited liability company, General Partner
� a.
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��9�araAJ�;r��� Martin�, I��n��ing Ivf � �... -----
'� �txe�er
[REST OF THIS PAGE INTENTIONALLY LEFT BLANK; ACKNOWLEDGn1ENT PAGE FOLLOWS]
GF#102536 PLR2
Page 2 of 4 Pages
ACKNOWLEDGMENTS
STATE OF TEXAS
COUNTY OF DENTON
This document was acknowledged before me on this day by Brandon Martino, Managing Member of Orison
Holdings, L.L.C., a Texas limited liability company, General Partner of JMBM Investments, Ltd., a Texas limited
partnership, a Managing Member of RAMTINO, LLC, a Texas limited liability company, and personally known to
me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the foregoing
instrument, and acknowledged to me that he/she executed the same for the purposes and consideration therein
expressed, in his/her duly authorized capacity thereof, for and on behalf of said limited liability company.
��°° ����
Given under my hand and seal of office tlns day ol'����wre~a��„ �".��
��wu w� w r�a��r ww �� e� ,.�,y
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; �riy.,`iaii�rl4a(".�% I'OI< �
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STATE OF TEXAS
COUNTY OF DENTON
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-� „„„�.r ", ,�. ... ...._._. .......... ... ...�.
�"'" }"�r9��; in and for tye State of Texas
,� �" �
This document was acknowledged before me on this day by Brandon Martino, Managing Member of Orison
Holdings, L.L.C., a Texas limited liability company, General Partner of LRAR Investments, Ltd., a Texas limited
partnership, a Managing Member of RAMTINO, LLC, a Texas limited liability company, and personally known to
me or proved to me on tlie basis of satisfactory evidence to be the person whose name is subscribed to the foregoing
instrument, and acknowledged to me that he/she executed the same for the purposes and consideration tl�erein
expressed, in his/her duly authorized capacity thereof, for and on behalf of said limited liability company,.
����� ��� �y°�"� �.�..
Given under my hand and seal of office this �6r��+ ca��9� „������
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GF#102536 PLR2
Page 3 of 4 Pages
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Denton County
Juli Luke
County Clerk
Denton, TX 76202
70 201 5 000521 88
Instrument Number: 2015-52188
Recorded On: May 15, 2015
Parties: JMBM INVESTMENTS
To
Comment:
Partial Release
Total Recording:
42.00
42.00
As
Partial Release
( Parties listed above are for Clerks reference only )
'`* THIS IS NOT A BILL **
Billable Pages: 5
Number of Pages: 5
************ DO NOT REMOVE. THIS PAGE IS PART OF THE INSTRUMENT ************
Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY
because of color or race is invalid and unenforceable under federal law.
File Information:
Document Number: 2015-52188
Receipt Number: 1288631
Recorded Date/Time: May 15, 2015 02:56:57P
User / Station: S Parr - Cash Station 3
Record and Return To:
TITLE RESOURCES
WILL CALL
DENTON TX 76202
��r�����
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THE STATE OF TEXAS }
COUNTY OF DENTON }
I hereby certlTy that thls Instrument was FILED In the Flle Number saquence on the date/tlme
printed heron, and was duly RECORDED In the OHlclal Records oT Denton County, Texas.
Jull Luke
County Clerk
Denton County, Texas
� „
PARTIAL RELEASE OF LIEN
°� �� ����
Date: �wM� , �015
IIolder of Note and Lien: AccessBank Texas, f/k/a Access lst Capital Bank
Holder's Mailing Address: P.O. Box ] 429
Denton, Denton County, Texas 76202
NOTE:
Date: March 31, 2009
Amount: $496,000.00
Borrower: VIBE Investment Partners LLC, a Texas limited liability company
101 North Austin Street
Suite 100
Denton, Denton County, Texas 76201
Lender: Access lst Capital Bank
P.O. Box 1429
DenYon, Denton County, Texas 76202
Trustee: Randall L. Robinson
Date of Maturity: March 31, 2014
Note and Lien Are Described in the Following Documents:
That certain Deed of Trust, Security Agreement and Assignment of Rents, Leases, Incomes and
Agreements from VIBE Investment Partners LLC, a TeYas limited liability company, as Grantor, to
Randall L. Robinson, Trustee, dated March 31, 2009, �led for record on Apri16, 2009 and recorded under
COUNTY CLERK's FILE No. 2009-40901, REAL PROPERTY R�CORDS OF DENTON COUNTY, �'XAS, securing a
Note in the onginal principal amowit of �496,000.00 payable to the order of Access lst Capital Bank, a
Texas financial institution, and securing other indebtedness as described therein, if any; additionally secured
by a vendor's lien retained in deed filed for record on April 6, 2009 and recorded under COUNTY CLERK's
F[LE No. 2009-40900, REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS; Assignment of Rents and
Leases filed for record on April 6, 2009 and recorded under COUNTY CLERK's F�LE No. 2009�0902, RE�,
PROPERTY RECORDS OP DENTON COUNTY, TEXAS; Assignment of Leases filed for record on April 6, 2009
and recorded under COUNTY CLERK's Flr F No. 2009-40903, REAL PROPERTY RECORDS OF DENTON
Cout�1'['Y, TExns; UCC-1 Financing Statement filed for record on April 7, 2009 and recorded under Cout�1'rY
CLERK's FILE No. 2009-41024, REAL PROPERTY RECORDS OF DENTON COiJNTY, TFxAS; as affected by Loan
Modi�cation Agreement (First Modification) filed for record on May 16, 2012 and recorded under Cout�1'['Y
CLERK's F�LE No. 2012-51486, REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS; UCC Continua Han
Statement (Form UCC-3) filed for record on January 14, 2014 and recorded under Coutv'rY C��E1uc'S FILE
No. 2014-3533, REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS.
GF#102536 PLR1
Page 1 of 3 Pages
Property (including any improvements) to be Released from Lien ("Property"):
Being all that certain 0.535-acre lot, tract or parcel of land, more or less, situated in the MORREAU
FORREST SURVEY, ABSTRACT NO. 417, CITY OF DENTON, DENTON COUNTY, TEXAS, and
being more particularly described in "EXHIBIT A" attached hereto and incorporated fully herein
by reference thereto.
For value received, Holder of Note and Lien acknowledges receipt of its partial payment and releases only
the Property from the Lien and from all liens held by Holder of Note and Lien, without regard to how they were
created or evidenced.
VJhen the context requires, singular nouns and pronouns include the plural.
HOLDER:
AccessSank Texas, f/k/a Access lst Capital Bank
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By: �� � �. � � �� � ��g^�
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ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF DENTON
�„ � � �
This document was acknowledged before me on i�'�a� day ���,�� ���,�,��� �%_���"�,� ��',�- ,.,, ,�W.
, in his/her capacity as ��'�?" ��� ,�P`��" „ N ,� � ��"� �: �P " of
____ � o- + �
AccessBank Texas, f/k/a Access lst Capital Bank, a Texas financial institution, and personally known to me or
proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the foregoing
instrument, and acknowledged to me that he/she executed the same for the purposes and consideration therein
expressed, in his/her duly authorized capacity thereof, for and on behalf of said financial institution.
Y � � � � �;,��°
Given under m hand and seal of office this ��,� day o�"--�4�Za� I°, 2015.
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My Commisslon Explres °�� „���''��.�"�� �"� �� ����"� ° .
�^� ��� Januar 6, 2019 ���� ���`�'���`��uc• i�b���o�tl for I�l��u�r �������: �� Texas
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GF#102536 PLR1
Page 2 of 3 Pages
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AFTER REGORQING, RETURN T0
TITLE RESdURGES, LLC
525 SQUTH LOOP 28�
SUITE 125
DENTON, TX 762Q5
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�llfj'j t 14 GF#102536 PLR1
� F'�t�� 3 c�f 3 F'a�es .
Denton County
Juli Luke
County Clerk
Denton, TX 76202
70 2015 �0052189
Instrument Number: 2015-52189
As
Recorded On: May 15, 2015 Partial Release
Parties: ACCESSBANK TEXAS
To
Comment:
( Parties listed above are for Clerks reference only )
*�' THIS IS NOT A BILL *""
Partial Release 38.00
Total Recording: 38.00
Billable Pages: 4
Number of Pages: 4
*""********** DO NOT REMOVE. THIS PAGE IS PART OF THE INSTRUMENT **"`*********
Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY
because of color or race is invalid and unenforceable under federal law.
File Information:
Document Number: 2015-52189
Receipt Number: 1288631
Recorded Date/Time: May 15, 2015 02:56:57P
User / Station: S Parr - Cash Station 3
Record and Return To:
TITLE RESOURCES
WILL CALL
DENTON TX 76202
��������
��
r i
r`�r°��,�,�uM+� r,
i �
"+� �-0�i��.�°w��.ar�"�
THE STATE OF TEXAS }
COUNTY OF DENTON }
I hereby certlTy that thls Instrument was FILED In the Flle Number sequence on the date/tlme
printed heron, and wae duly RECORDED In the Ofllclal Records oT Dentan County, Texas.
Jull Luke
County Clerk
Denton County, Texas
a1lJ�'����,%
,1,
�
, ,, ���
„
DATE : June 15, 2015
GF NO : 102536
�,.,.,,, J' �
TO : CITY OF DENTON-ENGINEERING DEPT
ATTN: LUANNE OLDHAM
REAL ESTATE AND CAPITAL SUPPORT
901-A TEXAS STREET , 2ND FLOOR
DENTON, TX 76209
RE : Owner's Title Policy (Texas Form T-1) regarding the property described in the above referenced file
as M. FORREST SURVEY, Abstract #417, Tract 156, Denton County, Texas and being commonly
known as 204 N MAYHILL ROAD, DENTON, TEXAS 76208 ("Property").
We are pleased to enclose an Owner's Title Policy No. 103-0-102536 from TITLE RESOURCES GUARANTY COMPANY,
issued in connection with the purchase of the property described in the Title Policy.
The enclosed Title Policy is an important legal document, so please safeguard it with your other important papers.
TITLE RESOURCES appreciates the opportunity to be of service to you and hope that you will remember us should you
have a future need for the services of a title company.
Please call if you have any further questions or if we can be of further assistance. Thank you again for letting TITLE
RESOURCES help you with the purchase of your property.
ORIGINAL DOCUMENTS ENCLOSED
Gail Green
Policy Processor
gail@trnt.net
Enclosure
525 Soteth Lz�op 2�� �uft� #fl25 �` I3ece8cara, T'exas 76205 * �ffce (940} 3�1-1006 * Iete4ra (940} 243-2413 * F'ax (440) �9�-612i
103-0-102536
OWNER'S POLICY OF TITLE INSURANCE (Form T-1)
Issued by
Title Resources Guaranty Company
Any notice of claim and any other notice or statement in writing required to be given the Company under this
Policy must be given to the Company at the address shown in Section 18 of the Conditions.
COVERED RISKS
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN
SCHEDULE B AND THE CONDITIONS, TITLE RESOURCES GUARANTY COMPANY, a Texas corporation (the
"Company°) insures, as of Date of Policy and, to the extent stated in Covered Risks 9 and 10, after Date of Policy, against
loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of:
1. Title being vested other than as stated in Schedule A.
2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against
loss from:
(a) A defect in the Title caused by:
(i) forgery, fraud, undue influence, duress, incompetency, incapacity or impersonation;
(ii) failure of any person or Entity to have authorized a transfer or conveyance;
(iii) a document affecting Title not properly created, executed, witnessed, sealed,acknowledged, notarized or
delivered;
(iv) failure to perform those acts necessary to create a document by electronic means authorized by law;
(v) a document executed under a falsified, expired or otherwise invalid power of attorney;
(vi) a document not properly filed, recorded or indexed in the Public Records including failure to perform those
acts by electronic means authorized by law; or
(vii) a defective judicial or administrative proceeding.
(b)The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but
unpaid.
(c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be
disclosed by an accurate and complete land survey of the Land. The term "encroachment" includes
encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the
Land of existing improvements located on adjoining land.
(d)Any statutory or constitutional mechanic's, contractor's, or materialman's lien for labor or materials having its
inception on or before Date of Policy.
3. Lack of good and indefeasible Title.
4. No right of access to and from the Land.
5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to
building and zoning) restricting, regulating, prohibiting or relating to:
(a) the occupancy, use or enjoyment of the Land;
(b) the character, dimensions or location of any improvement erected on the Land;
(c) subdivision of land; or
(d) environmental protection
if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to
enforce, but only to the extent of the violation or enforcement referred to in that notice.
6.An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice
of the enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of
the enforcement referred to in that notice.
7.The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in
the Public Records.
8.Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without
Knowledge.
9. Title being vested other than as stated in Schedule A or being defective:
(a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer
of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown
in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal
bankruptcy, state insolvency or similar creditors' rights laws; or
(b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a
Form T-1: Owner's Policy of Title Insurance (For Use Only in Texas) Effective 1/03/2014
TLTA T-1 OWNER'S POLICY (2/1/10)
TITLE RESOURCES GUARANTY COMPANY
SCHEDULE A
Name and Address of Title Insurance Company:
File No.: 102536
Policy No.: 103-0-102536
TITLE RESOURCES GUARANTY
COMPANY
8111 LBJ Freeway, #1200, Dallas, TX 75251
Amount of Insurance: $440,000.00
Date of Policy: May 15, 2015
1. Name of Insured:
CITY OF DENTON, TEXAS, a Texas Home Rule Municipal Corporation
2. The estate or interest in the Land that is insured by this policy is:
Fee Simple
3. Title is insured as vested in:
CITY OF DENTON, TEXAS, a Texas Home Rule Municipal Corporation
4. The Land referred to in this policy is described as follows:
Policy No.: 103-0-102536
Premium: $3,172.85
Being a tract of land (Mayhill Road, Right of Way Parcel M085, 0.535 acres) situated in the Morreau
Forrest Survey, Abstract Number 417, City of Denton, Denton County, Texas, and being more
particularly described in Exhibit "A" and Exhibit "B" attached hereto and made a part hereof for all
purposes.
File No.: 102536 I'��e 1 of 2
08 TLTA—T-1 Owner's Policy
TLTA T-1 OWNER'S POLICY (2/1/10) Policy IVo.: 103�O�i02536
TITLE RESOURCES GUARANTY COMPANY
SCHEDULE B
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees
or expenses) that arise by reason of the terms and conditions of the leases and easements, if any shown in
Schedule A, and the following matters:
The following restrictive covenants of record itemized below (the Company must either insert
specific recording data or delete this exception):
Item No. 1 is hereby deleted.
2. Shortages in area.
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 inean low tide to the line of vegetation, or the right of
access to that area or easement along and across that area.
Standby fees, taxes and assessments by any taxing authority for the year 2015, and subsequent
years; and subsequent taxes and assessments by any taxing authority for prior years due to change in
land usage or ownership, but not those taxes or assessments for prior years because of an exemption
granted to a previous owner of the property under Section 11.13, Texas Tax Code, or because of
improvements not assessed for a previous tax year.
6. The following matters and all terms of the documents creating or offering evidence of the matters
(The Company must insert matters or delete this exception):
a. Terms and Conditions of Boundary Line Agreement by and between MILDRED
MORRIS and TROY GLENN and SYLVIA JO GLENN filed September 30, 1986,
recorded in Volume 1991, Page 176, Real Property Records of Denton County, Texas.
b. No liability is assumed by reason of location of power pole as shown on survey prepared by
Douglas L. Arthur, RPLS No. 4357 dated July 26, 2013.
c. Mineral Estate and Interest described in instrument filed May 15, 2015, CC# 2015-52187, Real
Property Records of Denton County, Texas. (Title to said interest not checked subsequent
thereto.)
File No.: 1 Q2536 Page 2 of 2
08 TLTA—T�1 Owner's Policy
rthur Surveying Co., I nc.
P.to�E'essio.s�a�' L.�.ud Szsxveyoxs
P.O. Box 54 -�- Lewisvillo, Texae 75067
Otiice: (972) 22I-9439 •� Pax: (972) 221-4675
EXHIBIT "A"
MAYHILL ROAD
PARCEL M085
0.535 Acre
City of Denton, Denton County, Texas
BEING all that certain lot, tract or paxcel of land situated ix� the Morreau Forrest Survey, Abstract Number 417, City
of Danton, Denton County, Texas, and being part of a tract of ]and described by deed to CCBV, LLC., recorded.
under Instrument Number 2011-122494, Official Public Records, Denton County, Texas (O.P.R.D.C.T.), and being
more particularly described�as follows:
BEGINNING at a"Mag-Nail" found in Mayhill Road for the southwest corner of said CCBV tract and the
northwest corner of a tract of land described by deed to Black Bear Properties, LLC., recorded under 2004-154546,
O.P.RD.C.T.;
THENCE North 02 degrees O1 minutes 48 seconds East, with the west line of said CCBV tract and said Mayhill
Road, a distance of 320.75 to a"PK" Nail set for the northwest coiner of said CCBV tract and the southwest corner
of a 1�act of land described by deed to T.R. Carter, recorded in Volume 517, Page 68, Deed Records, Denton
County, Texas;
THENCE South 85 degrees 31 minutes 17 seconds Bast, with the north line of said CCBV tract and the south line
of said Carter tract, a distance of 68.97 feet to a]/2 inch iron rod with yellow cap stamped "Arthur Surveying
Company" (A.S.C.) set for corner;
THENCE South 00 degrees 32 minutes 34 seconds West, over and across said CCBV tract, a distance of 318.17
feet to a 1/2 inch iron rod with yellow cap stamped "A.S.C:' set for corner in the south line of said CCBV tract and
the north line of said Black Bear Properties txact;
1'HENCE North 87 degrees 46 minutes 43 seconds West, with the south line of said CCB V tract and the north line
of said Black Bear Properties tract, a distance of 77.17 feet to the POTNT OF BEGINNING and containing 0.535
acre of land, more or less.
�,,,..
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ciio��3i-xa
Percel Iv�085
Q
N
14� Li 5L� 1�0
SCALE: 1" =100'
Beerings shown hereon based on the City of
Denton GIS Network.
NOTES:
• I.R.F. =1 /2" Iron Rod Pound
• I.R.S. � 1/2" Iron Rod Set with
yellow cap stamped "Arthur
Surveying Company"
• Basements recorded in Vol. 256, Pg.
495, Vol. 276, Pg. 66, Vol. 284, Pg.
172, Vol. 355, Pg. 11 l& Vol, 425,
Pg. 34l do not affect this tract to the
best ofmy knowledge.
• All improvements not shown hereon,
R .� ,. �
r,�
�
�
3
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.n
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u
EXHIBIT "B"
MayhilI Road
Parcel M085
0.535 Acre
Morreau Forrest Survey,
Abstract Number 417
City of Denton
Denton County, Texas
-- 2013 —
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77.17'
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T.R Carter ��
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¢ �. _
��� CCHV, LLC. �
e� Instr. No. 2011-122494 I
0.535 Acre �
�, Right-of-Way
Parcel M085 r
(23,322 sq. ft.) �
4
� S 237143 E ��,i�, �: wTth 1„
�,. _ � _,�.. �.., � � r�u'rr7��� Cap
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50232'26""�'T.°.`.�..-� �^�".F, " ~�,...
2.00' .s���� � ,����� � -�
Hlaak Bear Properttee, I.LC.
IasEr. No. 2004-154548
roby m+tQ� to T1fGe
,���.�
ot 1be property 1e�a17y
ect �nd to the best of
Wylmowlsdgq mas rro no vld6,e dircmpmdav.
oon�idg oha04qa In ara, 6o�mdaty 1Los cooHlcLr,
enoroeehmm6, ovm�pp� of4upmvemmtq
�a ��,r� �rw�,e�xm�e a�.e,�a
uraroepe es �oan Lareo,o.
rthur Surveying Co., Inc.
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preferential transfer under federal bankruptcy, state insolvency or similar creditors' rights laws
by reason of the failure of its recording in the Public Records:
(i) to be timely, or
(ii) to impart notice of its existence to a purchaser for value or a judgment or lien creditor.
10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been
created or attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the
recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A.
The Company will also pay the costs, attorneys' fees and expenses incurred in defense of any matter insured against by
this Policy, but only to the extent provided in the Conditions.
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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:
�. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting,
regulating, prohibiting or relating to:
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions or location of any improvement erected on the Land;
(ii) subdivision of land; or
(iii) environmental protection;
or the effect of any violation of these laws, ordinances or governmental regulations. This Exclusion 1(a) does not
modify or limit the coverage provided under Covered Risk 5.
(b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under
Covered Risk 6.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
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 (however, this does not modify or limit the coverage provided
under Covered Risk 9 and 10); or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the
Title.
4.Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the
transaction vesting the Title as shown in Schedule A, is:
(a) a fraudulent conveyance or fraudulent transfer; or
(b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy.
5.Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching
between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that
vests Title as shown in Schedule A.
6.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 Unmarketable Title.
Form T-1: Owner's Policy of Title Insurance (For Use Only in Texas) Effective 1/03/2014
CONDITIONS
1. DEFINITION OF TERMS.
The following terms when used in this policy mean:
(a) "Amount of Insurance": the amount stated in Schedule A, as may be increased or decreased by endorsement to this
policy, increased by Section 8(b), or decreased by Sections 10 and 11 of these Conditions.
(b) "Date of Policy": The date designated as "Date of Policy" in Schedule A.
(c) "Entity": A corporation, partnership, trust, limited liability company or other similar legal entity.
(d) "Insured": the Insured named in Schedule A.
(i) The term "Insured" also includes:
(A) successors to the Title of the Insured by operation of law as distinguished from purchase, including heirs,
devisees, survivors, personal representatives or next of kin;
(B) successors to an Insured by dissolution, merger, consolidation, distribution or reorganization;
(C) successors to an Insured by its conversion to another kind of Entity;
(D) a grantee of an Insured under a deed delivered without payment of actual valuable consideration conveying
the Title;
(1) If the stock, shares, memberships, or other equity interests of the grantee are wholly-owned by the named
Insured,
(2) If the grantee wholly owns the named Insured,
(3) If the grantee is wholly-owned by an affiliated Entity of the named Insured, provided the affiliated Entity and
the named Insured are both wholly-owned by the same person or Entity, or
(4) If the grantee is a trustee or beneficiary of a trust created by a written instrument established by the Insured
named in Schedule A for estate planning purposes.
(ii) With regard to (A), (B), (C) and (D) reserving, however, all rights and defenses as to any successor that the
Company would have had against any predecessor Insured.
(e) "Insured Claimant": an Insured claiming loss or damage.
(fl "Knowledge" or "Known": actual knowledge, not constructive knowledge or notice that may be imputed to an Insured
by reason of the Public Records or any other records that impart constructive notice of matters affecting the Title.
(g) "Land": the land described in Schedule A, and affixed improvements that by law constitute real property. The term
"Land" does not include any property beyond the lines of the area described in Schedule A, nor any right, title,
interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but this does not
modify or limit the extent that a right of access to and from the Land is insured by this policy.
(h) "Mortgage": mortgage, deed of trust, trust deed, or other security instrument, including one evidenced by electronic
means authorized by law.
(i) "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 Covered Risk 5(d), "Public Records" shall also include environmental protection liens filed in the records of the
clerk of the United States District Court for the district where the Land is located.
(j) "Title": the estate or interest described in Schedule A.
(k) "Unmarketable Title": Title affected by an alleged or apparent matter that would permit a prospective purchaser or
lessee of the Title or lender on the Title to be released from the obligation to purchase, lease or lend if there is a
contractual condition requiring the delivery of marketable title.
2. CONTINUATION OF INSURANCE.
The coverage of this policy shall continue in force as of Date of Policy in favor of an Insured, but only so long as the
Insured retains an estate or interest in the Land, or holds an obligation 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 warranties in any transfer or
conveyance of the Title. 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 obligation secured by a purchase money Mortgage given to the Insured.
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT.
The Insured shall notify the Company promptly in writing
(i) in case of any litigation as set forth in Section 5(a) below, or
(ii) in case Knowledge shall come to an Insured hereunder of any claim of title or interest that is adverse to the Title,
as insured, and that might cause loss or damage for which the Company may be liable by virtue of this policy. If
the Company is prejudiced by the failure of the Insured Claimant to provide prompt notice, the Company's liability
to the Insured Claimant under the policy shall be reduced 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 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 or
other matter 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 othennrise addressed in
Form T-1: Owner's Policy of Title Insurance (For Use Only in Texas) Effective 1/03/2014
the closing of the transaction in connection with which this policy was issued, the Company shall specifically advise the
Insured of the reasons for its determination. If the Company concludes that the lien, encumbrance, adverse claim or defect
is valid, the Company shall take one of the following actions: (i) institute the necessary proceedings to clear the lien,
encumbrance, adverse claim or defect from the Title as insured; (ii) indemnify the Insured as provided in this policy; (iii)
upon payment of appropriate premium and charges therefore, issue to the Insured Claimant or to a subsequent owner,
mortgagee or holder of the estate or interest in the Land insured 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 Land
or, if a loan policy, the amount of the loan; (iv) indemnify another title insurance company in connection with its issuance of
a policy(ies) of title insurance without exception for the lien, encumbrance, adverse claim or defect; (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. PROOF OF LOSS.
In the event the Company is unable to determine the amount of loss or damage, the Company may, at its option, require
as a condition of payment that the Insured Claimant furnish a signed proof of loss. The proof of loss must describe the
defect, lien, encumbrance or other matter insured against by this policy that constitutes the basis of loss or damage and
shall state, to the extent possible, the basis of calculating the amount of the loss or damage.
5. DEFENSE AND PROSECUTION OF ACTIONS.
(a) Upon written request by the Insured, and subject to the options contained in Sections 3 and 7 of these Conditions,
the Company, at its own cost and without unreasonable delay, shall provide for the defense of an Insured in
litigation in which any third party asserts a claim covered by this policy adverse to the Insured. This obligation is
limited to only those stated causes of action alleging matters insured against by this policy. The Company shall
have the right to select counsel of its choice (subject to the right of the Insured to object for reasonable cause) to
represent the Insured as to those stated causes of action. It shall not be liable for and will not pay the fees of any
other counsel. The Company will not pay any fees, costs or expenses incurred by the Insured in the defense of
those causes of action that allege matters not insured against by this policy.
(b) The Company shall have the right, in addition to the options contained in Sections 3 and 7, 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
desirable to establish the Title, as insured, or to prevent or reduce loss or damage to the Insured. The Company
may take any appropriate action under the terms of this policy, whether or not it shall be liable to the Insured. The
exercise of these rights shall not be an admission of liability or waiver of any provision of this policy. If the Company
exercises its rights under this subsection, it must do so diligently.
(c) Whenever the Company brings an action or asserts a defense as required or permitted by this policy, the Company
may pursue the litigation to a final determination by a court of competent jurisdiction and it expressly reserves the
right, in its sole discretion, to appeal from any adverse judgment or order.
6. DUTY OF INSURED CLAIMANT TO COOPERATE.
(a) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action
or proceeding and any appeals, the Insured shall secure to the Company the right to so prosecute or provide
defense in the action or proceeding, including the right to use, at its option, the name of the Insured for this purpose.
Whenever requested by the Company, the Insured, at the Company's expense, shall give the Company all
reasonable aid (i) in securing evidence, obtaining 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 or any other matter as insured. If 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 litigation, with regard to the
matter or matters requiring such cooperation.
(b) The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized
representative of the Company and to produce for examination, inspection and copying, at such reasonable times
and places as may be designated by the authorized representative of the Company, all records, in whatever
medium maintained, including books, ledgers, checks, memoranda, correspondence, reports, e-mails, disks, tapes,
and videos whether bearing a date before or after Date of Policy, that reasonably pertain to the loss or damage.
Further, if requested by any authorized representative of the Company, the Insured Claimant shall grant its
permission, in writing, for any authorized representative of the Company to examine, inspect and copy all of these
records in the custody or control of a third party that reasonably pertain to the loss or damage. All information
designated as confidential by the Insured Claimant provided to the Company pursuant to this Section shall not be
disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the
claim. Failure of the Insured Claimant to submit for examination under oath, produce any reasonably requested
information or grant permission to secure reasonably necessary information from third parties as required in this
subsection, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under
this policy as to that claim.
7. 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:
Form T-1: Owner's Policy of Title Insurance (For Use Only in Texas) Effective 1/03/2014
(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 that were authorized by the Company up to the time of payment or
tender of payment and that the Company is obligated to pay. Upon the exercise by the Company of this option, all
liability and obligations of the Company to the Insured under this policy, other than to make the payment required in
this subsection, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation.
(b) To Pay or Otherwise Settle With Parties Other than the Insured or With the Insured Claimant.
(i) to pay or otherwise settle with other parties for or in the name of an Insured Claimant any claim insured against
under this policy. In addition, the Company will pay any costs, attorneys' fees and expenses incurred by the
Insured Claimant that were authorized by the Company up to the time of payment and that the Company is
obligated to pay; or
(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 by the Insured Claimant that were authorized by the
Company up to the time of payment and that the Company is obligated to pay. Upon the exercise by the Company
of either of the options provided for in subsections (b)(i) or (ii), the Company's obligations to the Insured under this
policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including
any liability or obligation to defend, prosecute or continue any litigation.
8. DETERMINATION AND EXTENT OF LIABILITY.
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.
(a) The extent of liability of the Company for loss or damage under this policy shall not exceed the lesser of:
(i) the Amount of Insurance; or
(ii) the difference between the value of the Title as insured and the value of the Title subject to the risk insured
against by this policy.
(b) If the Company pursues its rights under Section 3 or 5 and is unsuccessful in establishing the Title, as insured,
(i) the Amount of Insurance shall be increased by 10%, and
(ii) the Insured Claimant shall have the right to have the loss or damage determined either as of the date the claim
was made by the Insured Claimant or as of the date it is settled and paid.
(c) In addition to the extent of liability under (a) and (b), the Company will also pay those costs, attorneys' fees and
expenses incurred in accordance with Sections 5 and 7 of these Conditions.
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 as insured, or takes action in accordance with Section 3 or 7, in a reasonably
diligent manner by any method, including litigation and the completion of any appeals, it shall have fully performed
its obligations with respect to that matter and shall not be liable for any loss or damage caused to the Insured.
(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 final determination by a court of competent jurisdiction,
and disposition of all appeals, adverse to the Title, as insured.
(c) The Company shall not be liable for loss or damage to the 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 Insurance by the amount of the payment.
11. LIABILITY NONCUMULATIVE.
The Amount of Insurance shall be reduced by any amount the Company pays under any policy insuring a Mortgage to
which exception is taken in Schedule B or to which the Insured has agreed, assumed, or taken subject or which is
executed by an Insured after Date of Policy and which is a charge or lien on the Title, and the amount so paid shall be
deemed a payment to the Insured under this policy.
12. PAYMENT OF LOSS.
When liability and the extent of loss or damage have been definitely fixed in accordance with these Conditions, the
payment shall be made within 30 days.
13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT.
(a) Whenever the Company shall have settled and paid a claim under this policy, it shall be subrogated and entitled to
the rights of the Insured Claimant in the Title and all other rights and remedies in respect to the claim that the Insured
Claimant has against any person or property, to the extent of the amount of any loss, costs, attorneys' fees and
expenses paid by the Company. If requested by the Company, the Insured Claimant shall execute documents to
evidence the transfer to the Company of these rights and remedies. The Insured Claimant shall permit the Company
to sue, compromise or settle in the name of the Insured Claimant and to use the name of the Insured Claimant in any
transaction or litigation involving these rights and remedies. If a payment on account of a claim does not fully cover
the loss of the Insured Claimant, the Company shall defer the exercise of its right to recover until after the Insured
Claimant shall have recovered its loss.
Form T-1: Owner's Policy of Title Insurance (For Use Only in Texas) Effective 1/03/2014
(b)The Company's right of subrogation includes the rights of the Insured to indemnities, guaranties, other policies of
insurance or bonds, notwithstanding any terms or conditions contained in those instruments that address subrogation
rights.
14. ARBITRATION.
Either the Company or the Insured may demand that the claim or controversy shall be submitted to arbitration pursuant to
the Title Insurance Arbitration Rules of the American Land Title Association ("Rules"). Except as provided in the Rules,
there shall be no joinder or consolidation with claims or controversies of other persons. Arbitrable matters may include, but
are not limited to, any controversy or claim between the Company and the Insured arising out of or relating to this policy,
any service in connection with its issuance or the breach of a policy provision, or to any other controversy or claim arising
out of the transaction giving rise to this policy. All arbitrable matters when the Amount of Insurance is $2,000,000 or less
shall be arbitrated at the option of either the Company or the Insured, unless the Insured is an individual person (as
distinguished from an Entity). All arbitrable matters when the Amount of Insurance is in excess of $2,000,000 shall be
arbitrated only when agreed to by both the Company and the Insured.
Arbitration pursuant to this policy and under the Rules shall be binding upon the parties. Judgment upon the award
rendered by the Arbitrator(s) may be entered in any court of competent jurisdiction.
15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT.
(a) This policy together with all endorsements, if any, attached to it by the Company is the entire policy and contract
between the Insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a
whole.
(b) Any claim of loss or damage that arises out of the status of the Title or by any action asserting such claim, shall be
restricted to this policy.
(c) Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized person, or
expressly incorporated by Schedule A of this policy.
(d) Each endorsement to this policy issued at any time is made a part of this policy and is subject to all of its terms and
provisions. Except as the endorsement expressly states, it does not (i) modify any of the terms and provisions of the
policy, (ii) modify any prior endorsement, (iii) extend the Date of Policy or (iv) increase the Amount of Insurance.
Each Commitment, endorsement or other form, or provision in the Schedules to this policy that refers to a term
defined in Section 1 of the Conditions shall be deemed to refer to the term regardless of whether the term is
capitalized in the Commitment, endorsement or other form, or Schedule. Each Commitment, endorsement or other
form, or provision in the Schedules that refers to the Conditions and Stipulations shall be deemed to refer to the
Conditions of this policy.
16. SEVERABILITY.
In the event any provision of this policy, in whole or in part, is held invalid or unenforceable under applicable law, the
policy shall be deemed not to include that provision or such part held to be invalid and all other provisions shall remain in
full force and effect.
17. CHOICE OF LAW; FORUM.
(a) Choice of Law: The Insured acknowledges the Company has underwritten the risks covered by this policy and
determined the premium charged therefor in reliance upon the law affecting interests in real property and applicable to the
interpretation, rights, remedies or enforcement of
policies of title insurance of the jurisdiction where the Land is located. Therefore, the court or an arbitrator shall apply the
law of the jurisdiction where the Land is located to determine the validity of claims against the Title that are adverse to the
Insured, and in interpreting and enforcing the terms of this policy. In neither case shall the court or arbitrator
apply its conflicts of laws principles to determine the applicable law.
(b) Choice of Forum: Any litigation or other proceeding brought by the Insured against the Company must be filed only in a
state or federal court within the United States of America or its territories having appropriate jurisdiction.
18. NOTICES, WHERE SENT.
Any notice of claim and any other notice or statement in writing required to be given the Company under this Policy must
be given to the Company at 8111 LBJ Freeway, Suite 1200, Dallas, Texas 75251.
Form T-1: Owner's Policy of Title Insurance (For Use Only in Texas) Effective 1/03/2014
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IMPORTANT NOTICE
To obtain information or make a complaint;
You may call Title Resources Guaranty
Company's toll-free telephone number for
information or to make a complaint at:
1-800-526-8018
You may also write to Title Resources
Guaranty Company at:
Attention: Claims Department
8111 LBJ Freeway, Suite 1200
Dallas, TX 75251
You may contact the Texas Department of
Insurance to obtain information on
companies, coverages, rights or complaints
at:
1-800-252-3439
You may write the Texas Department of
Insurance:
P. O. Box 149104
Austin, TX 78714-9104 '
Fax: (512) 475-1771
Web: http://www.tdi.state.tx.us
E-mail: ConsumerProtection@tdi.state.tx.us
PREMIUM OR CLAIM DISPUTES:
Should you have a dispute concerning your
premium or about a claim you should
contact the company first. If the dispute is
not resolved, you may contact the Texas
Department of Insurance.
ATTACH THIS NOTICE TO YOUR
POLICY: This notice is for information only
and does not become a part or condition of
the attached document.
28 TAC §1.601(a)(3)
AVISO IMPORTANTE
Para obtener informacion o para someter
una queja:
Usted puede Ilamar al numero de telephono
gratis de Title Resources Guaranty
Company's para informacion o para someter
una queja al:
1-800-526-8018
Usted tambien puede escribir a Title
Resources Guaranty Company at:
Attention: Claims Department
8111 LBJ Freeway, Suite 1200
Dallas, TX 75251
Puede comunicarse con el Departamento de
Seguros de Texas para obtener informacion
acerca de companias, coberturas, derechos
o quejas al:
1-800-252-3439
Puede escribir al Departamento de Seguros
de Texas:
P. O. Box 149104
Austin, TX 78714-9104
Fax: (512) 475-1771
Web: http://www.tdi.state.tx.us
E-mail: ConsumerProtection@tdi.state.tx.us
DISPUTAS SOBRE PRIMAS O
RECLAMOS:
Si tiene una disputa concerniente a su prima
o a un reclamo, debe comunicarse con la
compania primero. Si no se resuelve la
disputa, puede entonces comunicarse con el
departamento (TDI).
UNA ESTE AVISO A SU POLIZA:
Este aviso es solo para proposito de
informacion y no se convierte en parte o
condicion del documento adjunto.
Title Resources Guaranty Company
Privacy Policy Notice
PURPOSE OF THIS NOTICE
Title V of the Gramm-Leach-Bliley Act (GLBA) generally prohibits any financial institution, directly or
through its affiliates, from sharing nonpublic personal information about you with a nonaffiliated third
party unless the institution provides you with a notice of its privacy policies and practices, such as the
type of information that it collects about you and the categories of persons or entities to whom it may
be disclosed. In compliance with the GLBA, we are providing you with this document, which notifies
you of the privacy policies and practices of Title Resources Guaranty Company.
We may collect nonpublic personal information about you from the following sources:
• Information we receive from you such as on applications or other forms.
• Information about your transactions we secure from our files, or from our affiliates or others.
• Information we receive from a consumer reporting agency.
• Information that we receive from others involved in your transaction, such as the real estate
agent or lender.
Unless it is specifically stated otherwise in an amended Privacy Policy
Notice, no additional nonpublic personal information will be collected about
you.
We may disclose any of the above information that we collect about our customers or former
customers to our affiliates or to nonaffiliated third parties as permitted by law.
We also may disclose this information about our customers or former customers to the following types
of nonaffiliated companies that perform marketing services on our behalf or with whom we have joint
marketing agreements:
• Financial service providers such as companies engaged in banking, consumer finance, securities
and insurance.
• Non-financial companies such as envelope stuffers and other fulfillment service providers.
WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION
ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT
SPECIFICALLY PERMITTED BY LAW.
We restrict access to nonpublic personal information about you to those employees who need to know
that information in order to provide products or services to you. We maintain physical, electronic, and
procedural safeguards that comply with federal regulations to guard your nonpublic personal
information.
FT (6/2001)
File No.: 102536
TITLE RESOURCES, LLC
Privacy Policy Notice
PURPOSE OF THIS NOTICE
Title V of the Gramm-Leach-Bliley Act (GLBA) generally prohibits any financial institution,
directly or through its affiliates, from sharing nonpublic personal information about you with a
nonaffiliated third party unless the institution provides you with a notice of its privacy policies
and practices, such as the type of information that it collects about you and the categories of
persons or entities to whom it may be disclosed. In compliance with the GLBA, we are
providing you with this document, which notifies you of the privacy policies and practices of
TITLE RESOURCES, LLC. ("TITLE RESOURCES").
We may collect nonpublic personal information about you from the following sources:
• Information we receive from you, such as on applications or other forms.
• Information about your transactions we secure from our files, or from our affiliates or others.
• Information we receive from a consumer-reporting agency.
• Information that we receive from others involved in your transaction, such as the real estate
agent or lender.
Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional
nonpublic personal information will be collected about you.
We may disclose any of the above information that we collect about our customers or former
customers to our affiliates or to nonaffiliated third parties as permitted by law.
We also may disclose this information about our customers or former customers to the following
types of nonaffiliated companies that perform marketing services on our behalf or with whom we
have joint marketing agreements:
• Financial service providers such as companies engaged in banking, consumer finance,
securities and insurance.
• Non-financial companies such as envelope stuffers and other fulfillment service providers.
WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT
YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY
PERMITTED BY LAW.
We restrict access to nonpublic personal information about you to those employees who need to
know that information in order to provide products or services to you. We maintain physical,
electronic, and procedural safeguards that comply with federal regulations to guard your
nonpublic personal information.
FT (6/2001)
File No. 102536
TITLE RESOURCES GUARANTY COMPANY
Privacy Policy Notice
PURPOSE OF THIS NOTICE
Title V of the Gramm-Leach-Bliley Act (GLBA) generally prohibits any financial institution,
directly or through its affiliates, from sharing nonpublic personal information about you with a
nonaffiliated third party unless the institution provides you with a notice of its privacy policies
and practices, such as the type of information that it collects about you and the categories of
persons or entities to whom it may be disclosed. In compliance with the GLBA, we are
providing you with this document, which notifies you of the privacy policies and practices of.
We may collect nonpublic personal information about you from the following sources:
• Information we receive from you, such as on applications or other forms.
• Information about your transactions we secure from our files, or from our affiliates or others.
• Information we receive from a consumer reporting agency.
• Information that we receive from others involved in your transaction, such as the real estate
agent or lender.
Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional
nonpublic personal information will be collected about you.
We may disclose any of the above information that we collect about our customers or former
customers to our affiliates or to nonaffiliated third parties as permitted by law.
We also may disclose this information about our customers or former customers to the following
types of nonaffiliated companies that perform marketing services on our behalf or with whom we
have joint marketing agreements:
• Financial service providers such as companies engaged in banking, consumer finance,
securities and insurance.
• Non-financial companies such as envelope stuffers and other fulfillment service providers.
WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT
YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY
PERMITTED BY LAW.
We restrict access to nonpublic personal information about you to those employees who need to
know that information in order to provide products or services to you. We maintain physical,
electronic, and procedural safeguards that comply with federal regulations to guard your
nonpublic personal information.
G.F. Number 102536
IMPORTANT NOTICE
To obtain information or make a complaint:
1. You may contact your title insurance agent at (940) 381-1006.
2. You may call TITLE RESOURCES GUARANTY COMPANY's toll-free telephone number for
information or to make a complaint: (insert underwriter information).
3. You may also write to TITLE RESOURCES GUARANTY COMPANY at (insert underwriter
information).
4. You may contact the Texas Department of Insurance to obtain information on companies,
coverages, rights or complaints at 1-800-252-3439.
5. You may write the Texas Department of Insurance,
P.O. Box 149104
Austin, TX 78714-9104
Fax: (512) 475-1771
Web: http://www.tdi.state.tx.us
E-mail: ConsumerProtection@.tdi.state.tx.us
PREMIUM OR CLAIM DISPUTES:
Should you have a dispute concerning your premium or about a claim you should contact the title insurance
agent first. If the dispute is not resolved, you may contact the Texas Department of Insurance.
ATTACH THIS NOTICE TO YOUR POLICY:
This notice is for information only and does not become a part or condition of the attached document.
AVISO IMPORTANTE
Para obtener informacion o para someter una queja:
1. Puede comunicarse con su agente de seguro de titulo al (940) 381-1006.
2. Usted puede Ilamar al numero de telefono gratis de TITLE RESOURCES GUARANTY COMPANY's
para informacion o para someter una queja al (insert underwriter information).
3. Usted tambien puede escribir a TITLE RESOURCES GUARANTY COMPANY: (insert underwriter
information).
4. Puede comunicarse con el Departamento de Seguros de Texas para obtener informacion acerca de
companias, coberturas, derechos o quejas al: 1-800-252-3439
5. Puede escribir al Departamento de Seguros de Texas:
P.O. Box 149104
Austin, TX 78714-9104
Fax: (512) 475-1771
Web: http://www.tdi.state.tx.us
E-mail: ConsumerProtection@tdi.state.tx.us
DISPUTAS SOBRE PRIMAS O RECLAMOS:
Si tiene una disputa concerniente a su prima o a un reclamo, debe comunicarse con el agente de seguro de
titulo primero. Si no se resuelve la disputa, puede entonces comunicarse con el departamento (TDI).
UNA ESTE AVISO A SU POLIZA: Este aviso es solo para proposito de informacion y no se convierte en
parte o condicion del documento adjunto.
(i)