2015-196ORDINANCE NO. 2015-196
AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO
EXECUTE A CONTRACT OF SALE BETWEEN THE CITY OF DENTON, TEXAS
("CITY"), AS BUYER, AND TOMASA GARCIA ("OWNER"), AS SELLER, TO ACQUIRE
FEE TITLE TO A 2.484 ACRE TRACT SITUATED 1N THE ALEXANDER HILL SURVEY,
ABSTRACT NO. 623, LOCATED IN THE CITY OF DENTON, DENTON COUNTY,
TEXAS, AND MORE PARTICULARLY DESCRIBED ON EXHIBIT "A", AND LOCATED
GENERALLY IN THE 200 BLOCK OF COLLINS ST., ("PROPERTY INTEREST") FOR
THE PURCHASE PRICE OF SIX HUNDRED SEVENTY SIX THOUSAND TWO
HUNDRED AND SEVENTY SIX DOLLARS AND NO CENTS ($676,276.00), AND OTHER
CONSIDERATION, AS PRESCRIBED IN THE CONTRACT OF SALE ("AGREEMENT");
AUTHORIZING THE EXPENDITURE OF FUNDS; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City of Denton ("City") made a bona fide offer to Tomasa Garcia
("Owner") to purchase the Property Interest;
WHEREAS, the Owner has made a counteroffer to the offer of the City;
WHEREAS, the 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 Manager, or his designee, is authorized (a) to execute on behalf
of the City (i) the Contract of Sale, between the City and Owner, in the form attached hereto and
made a part hereof as Exhibit "A", with a purchase price of $676,276.00 and other consideration,
plus costs and expenses, all as prescribed in the Contract of Sale; and (ii) any other documents
necessary for closing the transaction contemplated by the Contract of Sale; and (b) to make
expenditures in accordance with the terms of the Contract of Sale.
SECTION 2. 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 3. This ordinance shall become effective immediately upon its passage and
approval.
�,.�
PASSED AND APPROVED this the �w���' day of _� �,,,�, 2015.
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�r-C � �ATTS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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BY: ��������"°� ° ����',�� �° �� ���" �"��'���w ��"�������... �� �
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APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
By•
STATE OF TEXAS � §
COUNTY OF DENTON §
Exhibit A
CONTRACT OF SALE
NOTICE
YOU, AS OWNER OF THE PROPERTY (AS DEFINED BELOV�, HAVE
THE RIGHT TO: (1) DISCUSS ANY OFFER OR AGREEMENT
REGARDING THE CITY OF DENTON'S ACQUISTTION 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 Contract of �� � �� "Contract") is made this ,�L% day of
defi�/,�� __ �, 2Q1������.��� as of the date of execution hereof by Buyer, as
ied herein (the "Effective Date"), by and between To�sA L. GARCIA (referred to
herein as "Seller") and the City of Denton, Texas, a Home Rule Municipal Corporation of
Denton County, Texas (referred to herein as "Buyer").
RECITALS
WHEREAS, Seller owns that certain tract of land being moxe particularly
described in Exhibit "A" and depicted in Exhibit "B", attached hereto and made a part
hereof for all purposes, being located in Denton County, Texas (the "Land"); and
WHEREAS, Seller desires to sell to Buyer, and Buyer desires to buy from Seller,
the Land, together with any and a11 rights or interests of Seller in and to adjacent streets,
alleys and rights of way and together with all and singular the unprovements and fixtures
thereon and all other rights and appurtenances to the Land (cplleciively, the "Prope�ty").
ARTICLE I
SALE OF PROPERTY
For the consideration hereinafter set forth, a►�d upon the terms, conditions and
provisions here'in contained, and subject to the reservations herein, Seller agrees to sell
and convey to Buyer, and Buyer agrees to purchase from Seller, the Property.
Seller, subject to the limitation of such reservation made herein, sha11 reserve, for
herself, her heirs, devisees, successors and assigns all oil, gas and other minerals in, on
and under and that may be produced from the Property. 'Seller, her heirs, devisees,
successors and assigns shall not have the right to use or access the surface of the
Properry, 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 Property for the location of any well or drill sites, well bores, whether vertical or
any deviation from vertical, vvater wells, pit areas, seismic activities, tanks or ta.nk
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
im.provement of any kind or type in connection with or related to the reserved oil, gas and
other mineral.s, and/or related to the exploration or production of same.
As used herein, the term "minerals" sha11 include oil, gas and all associated
hydrocarbons, and shall exclude (i) all substances (except oil, gas and all associated
hydrocazbons) that any reasonable extraction, mining or other exploration andJor
production method, operation, process or procedure would consume, deplete or destroy
the surface of the Property; and (ii) all substances (except oil and gas) which are at or
near the surface of the Property. 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).
As used herein, the term "surface of the Properly" sha11 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. �
ARTICLE II
PURCHASE PRICE AND EARNEST MONEY
2.01 Purchase Price. The Purchase Price to be paid to Seller for the Property is the
sum of T -F�PT
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thereon shall become part of the Earnest Money and shall be applied or disposed of in the
same manner as the original Earnest Money deposit, as provided in this Contract. If the
purchase contemplated hereunder is consummated in accordance with the terms and the
provisions hereo% the Earnest Money, together with all interest earned thereon, shall be
applied to the Purchase Price at Closing. In all other events, the Earnest Money, and the
interest accrued thereon, shall be disposed of by the Title Company as provided in this
Contract.
2.03 Independent Contract Consideratiou. Within fourteen (14) calendar days after
the Effective Date, Buyer shall deliver to the Title Company, payable to and for the
benefit of Seller, a check in the a�ount of One Hundred and No/100 Dollars ($100.00)
(the "Tndependent Contract Consideration"); which amount the parties hereby
acknowledge and agree has been bargained for and agreed to as consideration for Seller's
execution and delivery of the Contract. The Independent Contract Consideration is in
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Page 2 of 22
addition to, an�i independen
Contract, is non-refundable,
provision of tlus Contract.
3.01 Title Commitment.
t of any other consideration or payment provided in this
and shall be retained by Seller notwithstanding any other
ARTICLE III
TITLE AND SURVEY
(a) Within twenty (20) calendar days after the Effective Date, Seller shall cause to be
furnished to Buyer a current Coxnmitment for Title Tnsurance (the "Title
Commitment") for the Property, issued by Title Company. The Title
Commitment shall set forth the state of title to the Property, including a list of
liens, mortgages, security interests, encumbrances, pledges, assignments, claims,
charges, leases (surface, space, mineral, or otherwise), conditions, restrictions,
options, severed rnineral or royalty interests, conditional sales contracts, rights of
first refusal, restrictive covenants, exceptions, easements (temporary or
permanent), rights-of-way, encroachments, or any other outstanding claims,
interests, esta.tes or equities of any nature (each of which.are referred to herein as
an "Exception").
(b) Along with the Title Commitment, Seller shall also cause to be delivered to
Buyer, at Buyer's sole cost and expense, true and correct copies of all instruments
that create or evidence Exceptions (the "Exception Documents"), including those
described in the Title Commitment as exceptions to which the conveyance will be
subject and/or which are required to be released or cured at or prior to Closing.
3.02 Survey. Within thirty (30) calendar days after the Effective Date, Seller shall
cause to be prepared at Btxyer's expense, a current on the ground swrvey of the Property
(the "Survey"). The contents of the Survey sha11 be prepared by a surveyor selected by
Buyer and shall include the matters prescribed by Buyer, which may include but not be
limited to, a depiction of the location of all roads, streets, easements and rights of way,
both on and adjoining the Property, water courses, 100 year flood plain, fences and
improvements and structures of any kind. The Survey shall describe the size of the
Property, in acres, and contain a metes and bounds description thereof. Seller shall
furnish or cause to be furnished any affidavits, certificates, assurances, and/or resolutions
as required by the Title Company in order to amend the survey exception as required by
Section 3.05 below. The description of the Property as set forth in tl�e Survey, at the
Buyex's election, shall be used to describe the Properly in the deed to convey the Property
to Buyer and shall be the description set forth in the Title Policy.
3.03 Review of Title Commitment, Survey and Exception Documents. Buyer shall
have a period of fifteen (15) calendar days (the "Title Review Period") commencing with
the day Buyer receives the last of the Title Commitment; the Survey, and the Exception
Documents, in which to give written notice to Seller, specifying Buyer's objections to
one or more of the items ("Objections"), if any. All items set forth in the Schedule C of
Contract of Sale
Page 3 of 22
the Title Commitment, and all other items set forth in the Title Comxnitment which are
required to be released or otherwise satisfied at or prior to Closing, sha11 be deemed to be
Objections without any action by Buyer. •
3.04 Seller's Obligation to Cure; Buyer's Right to Terminate. The Seller shall,
wit,hir► twenty (20) calendar days after Seller is provided notice of Objections, either
satisfy the Objections at Seller's sole cost and expense or promptly notify Buyer in
writing of the Objections that Seller cannot or will not satisfy at Seller's expense.
Notwithstanding the foregoing sentence, Seller shall, in any event, be obligated to cure
those Objections or Exceptions that have been voluntarily placed on or against the
Property by Seller after the Effective Date. If Seller fails or refuses to satisfy any
Objections that Seller is not obligated to cure within the allowed twenty (20) calendar day
period, and if Buyer does not agree in writing to an extension of that period, said
extension to not exceed an additional thirty (30) calendar days, then Buyer has the option
of either:
(a) waiving the unsatisfied Objections by, and only by, notice in writing to Seller
prior to Closing, in which event those Objections sha11 become Permitted
Exceptions (herein so called), or
(b) terminating this Contract by notice in writing prior to Closing and receiving back
the Earnest Money, in which latter event Seller and Buyer sha11 have no further
obligations, one to the other, with respect to the subject matter o£this Contract.
3.04. Additional Title Commitment. Due to the fact that the effective period of the
Title Commitment shall expire prior to Closing, Seller shall cause to be fiunished to
Buyer, no earlier than ninety one (91) calendar days after the Effective Date and no later
than one hundred ten (110) calendaz days after the Effective Date, a Title Commitment
("Updated Commitment"), in the form of the Title Commitment prescribed by Section
3.01, above. Buyer shall have ftfteen (15) caJ.endar days to review and provide
Objections, if any, to the items in the Updated Commitment in the same manner as
prescribed by Section 3.03 related to the Title Commitment. All time periods related to
review and cure of the Objections, waiver of uncured Objections and termination of this
Contract, as set forth in Article III, above, shall be applicable to the Objections by Buyer
to the Updated Commitment, if any, and Closing shall be so extended to accornmodate
such review and cure period.
3.05 Title Policy. At Closing, Seller, at Buyer's sole cost and expense, shall cause a
standard Texas Owner's Policy of Title Insurance ("Title Policy") to be furnished to
Buyer. The Title Policy shall be issued by the Title Comparxy, in the amount of the
Puzchase Price and insuring that Buyer has indefeasible fee simple title to the Property,
subject only to the Permitted Exceptions. The Title Policy may contain only the
Permitted Exceptions and shall contain no other exceptions to title, with the standard
printed or common exceptions amended or deleted as follows:
(a) survey exception must be amended if required by Buyer to read "shortages in
Contract of Sale
Page 4 of 22
area" only (although Schedule C of the Title Commitment may condition
amendment on the presentation of an accepta.ble survey and payment, � to be borne
solely by Buyer, of any required additional premium);
(b) no exception will be permitted for "visible and apparent easements" or words to
that effect (although reference may be made to any specific easement or use
shown on tlne Survey, if a Permitted Exception);
(c) no exception will be permitted for "rights of parties in possession";
(d) no liens will be shown on the commitment.
Notwithstanding the enumeration of the following exceptions, amendments and/or
deletions, Buyer may object to any Exception it deems material, in its sole discretion.
ARTICLE IV
FEASIBILITY REVIEW PERIOD
4.01 Review Period. An.y term or provision of this Contract notwithstanding, the
obligations of Buyer speciiied in this Contract are wholly conditioned on Buyer's having
determined, in Buyer's sole and absolute discretion, during the period commencing with
the Effective Date of this Contxact and ending sixty (60) calendar days thereafter (the
"Absolute Review Period"), based on such tests, examinations, studies, investigations and
inspections of the Property the Buyer deems necessary or desirable, including but not
limited to studies or inspections to determine the existence of any environmental hazards
or conditions, performed at Buyer's sole cost, that Buyer finds the Property suita.ble for
Buyer's purposes. Buyer is granted the right to conduct engineering studies of the
Properiy, and to conduct a physical inspection of the Property, including in.spections that
invade the surface and subsurface of the Property. If Buyer determines, in its sole _
judgnnent, that the P-roperty is not suitable, -for any reasori; for Buyer's intended use or
purpose, the Buyer may terminate this Contract by written notice to the Seller, as soon as
reasonably practicable, but in any event prio'r to the expiration of the Absolute Review
Period, in which case the Earnest Money will be returned to Buyer, and neither Buyer nor
Seller shall have an� ftuther duties or obligations hereunder. In the event Buyer elects to
termi.nate this Contract pursuant to the terms of this Article IV, 5ection 4.01, Buyer will
provide to Seller copies of (i) any and a11 non-confidential an.d non-privileged reports and
studies obtained by Buyer during the Absolute Review Period; and (ii) the 5urvey.
ARTICLE V
REPRESENTATTONS, WARRANTIES. COVENANTS AND
AGREEMENTS
5.01 Representations and Warranties of Seller. To induce Buyer to enter into this
Contract and consummate the sale and purchase of the Property in accordance with the
terms and provisions herewith, Seller represents and warrants to Buyer as of the Effective
Contract of Sale
Page 5 of 22
Date and as of the Closing Date, except where specific reference is made to another date,
that:
(a) 'Tlae descriptive information concerning the Properiy set forth in this Contract �s
complete, accurate, true and correct.
(b) There aze no adverse or other parties in possession of the Property or any part
thereof, and no party has been granted any license, lease or other right related to
the use or possession of the Property, or any part thereof, except those described
in the Leases, as defined in Article V, Section 5.02(a).
(c) The Seller has good and marketable fee simple title to the Property, subject only
to the Permitted Exceptions. �
(d) The Seller has the full right, power, and authority to sell and convey the Property
as provided in this Conhact and to carry out Seller's obligations hereunder.
(e) The Seller has not received notice of, and has no other knowledge or information
of, any pending or threatened judicial or administrative action,. or any action
pending or threatened by adjacent landowners or other persons against or
affecting the Property.
(fj The Seller has disclosed to Buyer in writing of any and all facts and
circumstances relating to the physical condition of the Property that may
materially and adversely affect the Properiy and operation or intended operation
thereof, or an.y portion thereof, of which Seller has knowledge.
(g) The Seller has paid a11 real estate and personal property taxes, assessments,
excises, and levies that are presently due, if any, which are against or are related
to the Property, or will be due as of tkie Closing, and the Property will be subject
to no�such liens.
(h) The Seller shall convey the Properly free and clear of a11 debts, liens and
encumbrances.
(i) Seller has not contracted or entered into any agreement with any real estate
broker, agent, fmder, or any other party in connection with this transaction or
taken any action which would result in any real estate broker commissions or
finder's fee or other fees payable to any other party with respect to the
transactions contemplated by this Contract.
(j) To the best of Seller's knowledge, there has not occurred the disposal or release
of any Hazardous Substance to, on or frorn the Property.
As used in this Contract, "Hazardous Substance" means and includes all
hazardous and toxic substances, waste or materials, chemicals, and any pollutant
Contract of Sale
Page 6 of 22
or contaminant, including without limitation, PCB's, asbestos, asbestos-
containing material, petroleuzn products and raw materials, that are included
under or regulated by any Environmental Law or that would or may pose a health,
safety or �environmental hazard. � �
As used in this Contract, "Envirorunental Law" means and includes all federal,
state, and local statutes, ordinances, regulations and rules presently in force or
hereafter enacted relating to environmental quality, contamination, and clean-up
of Hazardous Substances, including without limitation, the Comprehensive
Environmental Response, Compensation and Liability Act (42 U.S.C. 9601, et
seq.), as amended by the Superfund Amendments and Reauthorization Act of
1986, the Resource Conservation and Recovery Act (42 U.S.C. 6901, et seq.), as
amended, Toxic Substance Control Act, 15 U.S.C. 2601, et seq., and state
superlien and environmental clean-up statutes and all rules and regulations
presently or hereafter promulgated under or related to said statutes, as amended.
(k) All Leases, as defined in Article V, Section 5.02(a), shall have expired or
otherwise termi.nated and any and all tenants or parties occupying the Property
pursuant to the Leases shall have permanently abandoned and vacated the
Property on or before the date of Closing.
(1) The Seller is not a"foreign person" as defined in Section 1445 of the Internal
Revenue Code of 1986, as amended.
5.02 Covenants and Agreements of Seller. Seller covenants and agrees with Buyer
as follows:
(a) Unless stated otherwise, within ten (10) calendax days after the Effective Date,
Seller, at Seller's sole cost and expense, shall deliver to Buyer, with respect to the
Property, true, correct, and complete copies of tJne following:
(i) All lease agreements and/or occupancy agreements andlor licenses of any
kind or nature (if oral, Seller shall provide to Buyer in writing all material
terms thereo� relating to the possession of the Property, or any part
thereof, including any and all nnodifications, supplements, and
amendments thereto (the "Leases").
(ii) All environmental audits, soil tests and engineering and feasibility reports,
including any and all modifications, supplements and amendments thereto,
with respect to the Property that Seller possesses or has the right to
receive.
(b) Fronn the Effective Date until the date of Closing or earlier termination of this
Contract, Seller sha11:
(i) Not enter into any written or oral contract, lease, easement or right of way
Contract of Sale
Page 7 of 22
agreement, conveyance or any other agreement of any kind with respect
to, oz affecting, the Property that will not be fully performed on or before
the Closing or would be binding on Buyer or the Property after the date of
Closing. � �
(ii) Advise the Buyer promptly of any litigation, arbitration, or administrative
hearing concerning or affecting the Property.
(iii) Not take, or omit to take, any action that would result in a violation of the
representations, warranties, covenants, and agreements of Seller.
(iv) Not sell, assign, lease or convey any right, title or interest whatsoever in or
to the Property, or create, grant or permit to be attached or perfected, a.ny
lien, encumbrance, or charge thereon.
(c) Seller sha11 indemnify and hold Buyer harmless, to the extent permitted by law,
from a11 loss, liability, and expense, including, without limitation, reasonable
attorneys' fees, arising or incurred as a result of any liens or claims resulting from
� labor or materials furnished to the Property under any written or oral contracts
arising or entered into prior to Closing.
5.03 Survival Beyond Closing. Notwithstanding anything to the contxary contained in
this Contract, the representations, warranties, covenants and agreements of Seller
contained in this Contract shall survive the Closing, and shall not, in any circuxnstance,
be merged with the Special Warranty Deed, as described in Article VII, Section 7.02(a).
ARTICLE VI
CONDITIONS PRECEDENT TO PERFORMANCE
6.01 Performance of Seller's Obligations. Buyer is not obligated to perform under
tlus Contract unless, within the designated time periods, all of the following shall have
occurred:
(a) Seller has perform.ed, furnished, or caused to be furnished to Buyer all items
required to be so performed or furnished under other sections of this Contract; and
(b) Seller cures or Buyer waives in writing, within the time periods speciiied in
Article III, all of Buyer's objections m.ade in accordance with Article III.
6.02 Breach of Seller's Representations, Warranties, Covenants and Agreements.
Buyer is not obligated to perform under this Contract unless all representations,
warranties, covenants and agreements of Seller contained in this Contract are txue and
correct or have been performed, as applicable, as of the Closing Date, except where
specific reference is made to an.other date.
6.03 Adverse Change. Buyer is not obligated to perform under this Contract, if on the
date of Closing, any portion of the Property has been condemned by an entity other than
Contract of Sale
Page 8 of 22
Buyer, or is the subject of condeznnation, eminent domain, or other material proceeding
initiated by an entity other than Buyer, or the Property, or any part thereof, has been
materially or adversely impaired in any manner.
6.04 Review Period. Buyer is not obligated to perform under this Contract if Buyer
delivers notice to Seller pursuant to Axticle IV, Section 4.01 that Buyer has determined
that the Property is unsuitable to or for Buyer's purposes.
6.05 Buyer's Right to Waive Conditions Precedent. Notwithstanding anything
contained in this Contract to the contrary, Buyer may, at Buyer's option, elect to waive
any of the conditions precedent to the performance of Buyer's obligations under this
Contract by giving to the Seller, at any time prior to Closing, a written waiver specifying
the waived condition precedent.
6.06 Buyer's Termination if Conditions Precedent Not Satisfied or Waived. If any
of the conditions precedent to the performance of Buyer's obligations under this Contract
have not been satisfied by Seller or waived by the Buyer, the Buyer may, by giving
written notice to Seller, terminate this Contract. On Buyer's termination, the Earnest
Money shall be immediately returned to Buyer by the Title Company. The Seller shall,
on written request from Buyer, promptly issue the instructions necessary to instruct the
Title Company to return to Buyer the Earnest Money and, thereafter, except as otherwise
provided in this Contract, Buyer and Seller sha11 have no further obligations under this
Contract, one to the other.
ARTICLE VII
CLOSING
7.01 Date and Place of Closing. The Closing (herein so called) shall take place in the
offices of the Title Company and shall be accomplished through an escrow to be
established with the Title Company, as escrowee. The Closing Date (herein sometimes
called), sha11 be one hundred and eighty (180) calendar days after the Effective Date,
unless otherwise mutually agreed upon by Buyer and Seller.
7.02 Items to be Delivered at the Closing.
(a) Seller. At the Closing, Seller shall deliver or cause to be delivered to Buyer or
the Title Company, at the expense of the party designated herein, the following
items:
(i) The Title Policy, in the form specified in Article III, Section 3.05;
(ii) The Special Warranty Deed, substantially in the form as attached hereto as
Attachment "1", subject only to the Permitted Exceptions, if any, duly
executed by Seller and acknowledged;
(iii) Other items reasonably requested by the Title Company as administrative
Contract of Sale
Page 9 of 22
requirements for consummating the Closing.
(b) Buver• At the Closing, Buyer shall deliver to Seller or the Title Com.pany, the
following items: .
(i) The surn required by Article II, Section 2.O1, less the Earnest Money and
interest earned thereon, in the form of a check or cashier's check or other
immediately available funds;
(ii) Other items reasonably requested by the Title Company as administrative
requirements for consummating the Closing.
7.03 Adjustments at Closing. Notwithstanding anything to the contrary contained in
this Contract and without limiting the general application of the provisions of Section
5.03, above, the provisions of this Article VII, Section 7.03 shall survive the Closing.
The following item shall be adjusted or prorated between Seller and Buyer with respect to
the Property:
(a) Ad valorem taxes relating to � the Property for the calendar year in which the
Closing shall occur shall be prorated between Seller and Buyer as of the Closing
Date. If the actual amount of taxes for the calendar yeaz in which the Closing
shall occur is not known as of the Closing Date, the proration at Closing sha11 be
based on the amount of taxes due and payable with respect to the Property for the
preceding calendar year. As soon as the amou.nt of taxes levied against the
Froperty for the calendar year in which Closing shall occur is known, Seller and
Buyer shall readjust in cash the amount of taxes to be paid by. each party with the
result that Seller shall pay for those taxes attributable to the period oi time prior to
the Closing Date (including, but not limited to, subsequent assessments for prior
years due to change of land usage ox ownership occurring prior to the date of
Closing) and Buyer shall pay for those taxes attributa.ble to the period of time
commencing with the Closing Date.
7.04 Possession at Closing. Possession oi the Property shall be delivered to Buyer at
Closing.
7.05 Costs of Closing. Each party is responsible for paying the legal fees of its
counsel, in negotiating, preparing, and closing the transaction contemplated by this
Contract. Seller is responsible for paying fees, costs and expenses identified herein as
being the responsibility of Seller. Buyer is responsible for paying fees, costs and
expenses identified herein as being the responsibility of Buyer. If the responsibility for
such cosi�s or expenses associated with closing the tran.saction contemplated by this
Contract are not identified herein, such costs or expenses shall be allocated between the
parties in the customary manner for closings of real property similar to the Property in
Denton County, Texas.
Contract of Sale
Page 10 of 22
ARTICLE VIII
DEFAULTS AND REMEDIES
8.01 Seller's Defaults and Buyer's Remedies.
(a) Seller's Defaults. Seller is in default under this Contract ori the occurrence of any
one or more of the following events:
�i) Any of Seller's warranties or representations contained in this Contract are
untrue on the Closing Date; or
(ii) Seller fails to meet, comply with or perform any covenant, agreement,
condition precedent or obligation on Seller's part required withi.n the time
lirnits and in the manner required in this Contract; or
(iii) Seller fails to deliver at Closing, the items specified in Article VII,
Section 7.02(a) of this Contract for any reason ather than a default by
Buyer or termination of this Contract by Buyer pursuant to the terms
hereof prior to Closing.
(b) Buyer's Remedies. Tf Seller is in default under this Contract, Buyer as Buyer's
sole and exclusive remedies for the default, may, at Buyer's sole option, .do any of
the following:
(i) Ternunate this Contract by written notice delivered to Seller in which
event the Buyer shall be entitled to a return of the Earnest Money, and
Seller sha11, promptly on written request from Buyer, execute and deliver
any documents necessary to cause the Title Company to return to Buyer
the Earnest Money;
(ii) Enforce specific performance of this Contract against Seller, requiring
Seller to convey the Property to Buyer subject to no liens, encumbrances,
exceptions, and conditions other than those shown on the Title
Commitment, whereupon Buyer shall waive title objections, if any, and
accept such title without reduction in Purchase Price on account of title
defects and shall be entitled to assert any rights for damages based on
Seller's representations, warranties and obligations that are not waived by
Buyer by its acceptance of Seller's title; and
(iii) Seek other recourse or relief as may be available to Buyer at or by law,
equity, contract or otherwise. ,
8.02 Buyer's Default and Seller's Remedies.
(a) Buyer's Default. Buyer is in default under this Contract if Buyer fails to deliver
Contract of Sale
Page 11 of 22
at Closing, the items specified in Article VII, Section 7.02(b) of this Contract for
any reason other than a default by Seller under this Contract or termination of this
Contract by Buyer pursuant to the terms hereof prior to Closing.
(b) Seller's Remedy. If Buyer is in default under this Contract, Seller, as Seller's
sale and exclusive remedies for the default, may, at Seller's sole option, do either
one of the following:
(i) Terminate this Contract by written notice delivered to Buyer in which
event the Seller shall be entitled to a return of the Earnest Money, and
Buyer shall, promptly on written request from Seller, execute and deliver
any documents necessary to cause the Title Company to return to Seller
the Earnest 1vloney; or
(ii) Enforce specific performance of this Contract against Buyer.
A.RTICL� IX
MI5CELLANEOUS
9.01 Notice. All notices, demands, requests, and other communications required
hereunder shall be in writing, delivered, unless expressly provided otherwise in this
Contract, by telephonic facsimile, by hand delivery or by United States Mail, and shall be
deemed to be delivered, upon the earlier to occur of (a) the date provided if provided by
telephonic facsimile or hand delivery, and (b) the date of the deposit of, in a regularly
maintained receptacle for the United States Mail, registered or certi.fied, return receipt
requested, postage prepaid, addressed as follows:
5ELLER; BUYER:
T�1e�r��ry
Copies to:
For Seller:
Telecopy:
City of Denton
Paul Williamson
Real Estate and Capital Support
901-A Texas Street
Denton, Texas 76209
Telecopy: (940) 349-8951
For Bu er:
Scott W. Hickey, Attorney at Law
Kelsey, Kelsey & Hickey, PLLC
P.O. Box 918
Denton, Texas 76202
Telecopy: (940) 387-9553
Contract of Sale
Page 12 of 22
9.02 Governing Law and Venue. This Contract is being executed and delivered and
is intended to be performed in the State of Texas, the laws of Texas governing the
validity, conslruction, enforcement and interpretation of this Contract. THIS
CONTR.ACT IS PERFORMABLE IN, AND THE EXCLUSIVE VENUE FOR ANY
ACTION BROUGHT WITH RESPECT HERETO, SHALL LIE IN DENTON
COUNTY, TEXAS.
9.03 Entirety and Amendments. This Contract embodies the entire agreement
between the parties and supersedes all prior agreements and understan.dings, if any,
related to the Property, and may be amended or supplemented only in writing executed
by the party against whom enforcement is sought.
9.04 Parties Bound. This Contract is binding upon and inures to the benefit of Seller
and Buyer, and their respective successors, beneficiaries and assigns. If requested by
Buyer, Seller agrees to execute, acknowledge and record a memorandum of thi.s Contract
in the Real Property Records o£ Denton County, Texas, imparting notice of this Contract
to the public.
9.05 Release of Claims. In consideration of the payments and promises contained in
this Contract, Seller releases and discharges Buyer from any and all claims, demands or
suits, at lavv or in equity, known or unknown, fixed or contingent, liquidated or
unliquidated, whether or not the same have been asserted by Seller, arising or existing on
or at any time prior to the effective date of this Contract. This release excludes claims for
obligations created by this Contract.
9.06 Risk of Loss. If any damage or destruction to the Properiy shall occur prior to
Closing, or if any condemnation or any eminent domain proceedings are threatened or
initiated by an entity or party other than Buyer that might result in the taking of any
portion of the Properiy, Buyer may, at Buyer's option, do any of the following:
(a) Terminate this Contract and withdraw from tliis transaction without cost,
obligation or liability, in which case the Earnest Money shall be immediately
returned to Buyer; or
(b) Consummate this Contract, in which case Buyer, with respect to the Property,
shall be entitled to receive any (i) in the case of damage or destruction, a11
insurance proceeds; and (ii) in the case of eminent domain, proceeds paid for the
Property related to the eminent domain proceedings.
Buyer shall have a period of up to ten (10) calendar days after receipt of written
notification from Seller on the final settlement of all condemnation proceedings or
insurance claims related to damage or destruction of any improvement located on
the Property, in which to make Buyer's election. In the event Buyer elects to
close prior to such final settlement, then the Closing shall take place as provided
in Article VII, above, and there shall be assigned by Seller to Buyer at Closing all
interests of Seller in and to any and all insurance proceeds or condemnation
Contract of Sale
Page 13 of 22
awards which may be payable to Seller on account of such event. In the event
Buyer elects to close upon this Contract after final settlement, as described above,
Closing shall be held five (5) business days after such fuial settlement.
9.07 Further Assurances. In addition to the acts and deeds recited in this Contract
and contemplated to be performed, executed andlor delivered by Seller and Buyer, Seller
and Buyer agree to perform, execute and/or deliver, or cause to be performed, executed
and/or delivered at the Closing or after the Closing, any further deeds, acts, and
assurances as are reasonably necessary to consummate the transactions contemplated
hereby. Notwithstanding anything to the contxary contained in this Contract and without
limiting the general application of the provisions of Section 5.03, above, the provisions
of this Article IX, Section 9.07 shall survive Closing.
9.08 Time is of the Essence. It is expressly agreed between Buyer and Seller that time
is of the essence with respect to this Contract.
9.09 Ezhibits. The Exhibits which are referenced in, and attached to this Contract, are
incorporated in and made a part of, this Contract for all purposes.
9.10 Delegation of Authority. Authority to take any actions that axe to be, or may be,
taken by Buyer under this Contract, including without limitation, adjustment of the
Closing Date, are hereby delegated by Buyer, pursuant to action by the City Council of
Denton, Texas, to Frank Payne, P.E., City Engineer of Buyer, or his designee.
9.11 Contract Execution. This Contract of Sale may be executed in any number of
counterparts, all of which taken together shall constitute one and the same agreement, and
any of the parties hereto may execute this Agreement by signing any such counterpart.
9.12 Business Days. If the Closing Date or the day of performance required or
permitted under this Contract falls on a Saturday, Sunday or Denton County holiday, then
the Closing Date or the date of such performance, as the case may be, sha11 be the next
£ollowing regular business day.
9.13 Relocation. Relocation advisory services and relocation financial assistance, if
applicable pursuant to Ordinance No. 2p 12-073 (the "Relocation Ordinance"), shall be
administered as provided by the Relocation Ordinance, aside and apart from the
transaction contemplated by this Contract.
SELLER:
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' '�""T�"�.+1 �...,� �""� ;.. ���'"r�""� '`'� ,.�� ,,,�-.� �.�._,,,
�" • ...m.��..�.
c����� L. G,�.���r� ������ ��� Garcia � � . :...��m
Executed b Seller on the ����� caC�... ,` .:, �� .�"'���-
Y _�.�� �" �...T �.�� ..�._�__....
Contract of Sale
Page 14 of 22
BUYER:
/"i �"���.��.. ��
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B ..���. �,� � �-
y. .,� � .�..�
w� W
. .. ,. �.� � ��,���. ....
G�'��t�� �. C�..�,... ,r .
; � AMPBELL, � �""�" MANAGER
Executed by Buyer on the y � f'
03� da of ,- ° �'Wm ��.�.�'��/S
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
I'
` .� � �a� �' �'
�
APPROVED AS TO LEGAL FORM:
SCOTT W. HICKEY
KELSEY, KELSEY & HICKEY, PLLC
BY: w.mm�`'�.,, � � �....� � ....
Contract of Sale
Page 15 of 22
RECEIPT OF AGREEMENT BY TITLE COMPANY
By its execution below, Title Company acknowledges receipt of an executed copy
of this Contract. Title Company agrees to comply with, and be bound by, the terms and
provisions of this Coniract and to perform its duties pursuant to the provisions of this
Contract 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 an.y regulations or forms
promulgated thereunder.
TTTLE COMPANY:
Title Resources, LLC
525 South Loop 288, Suite 125
Denton, Texas 76205
Telephone: (940) 381-1006
Telecopy: (940) 898-0121
��
Printed Narne:
Title:
Contract receipt date: , ,m�,_� m_��_,, 2014
Contract of Sale
Page 16 of 22
Exhibit "A"
LEGAL DESCRIPTION
BEING LOT 1, BLOCK A OF GARCIA ADDITION, AN ADDITION TO THE CITY OF
DENTON, DENTON COUNTY, TEXAS, ACCORDING TO THE PLAT THEREOF
RECORDED IN DOCUMENT NO. 2009-168 OF THE PLAT RECORDS OF DENTON
COUNTY, TEXAS. .
Contract of Sale
Paqe 17 of 22
$xhibit "B"
Contract of Sale
�'
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That TOMASA L. GARCIA, and husband ALEJANDRO GARCIA (herein called
"Grantor"), for and in consideration of the sum of TEN AND NO/100 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"),
215 E. McKinney, Denton, Texas 76201, the receipt and sufficiency of which are hereby
acknowledged and confessed, subject to the reservations set forth below, has GRANTED,
SOLD and CONVEYED, and by these presents does GRANT, SELL and CONVEY,
unto Grantee all the real property in Denton County, Texas being particularly described
on Exhibit "A", attached hereto and made a part hereof for all purposes, and being
located in Denton County, Texas, together with any and all rights or interests of Grantor
in and to adjacent streets, alleys and rights of way and together with all and singular the
improvements and fixtures thereon and all other rights and appurtenances thereto
(collectively, the "Property").
Urantor, subject to the limitation of such reservation made herein, reserves 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 Property. Grantor, their heirs, devisees,
successors and assigns shall not have the right to use or access the surface of the
Property, 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 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, 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 (except oil, gas and all associated
hydrocaxbons) 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 substances (except oil and gas) which are at or
near the surface of the Property. 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).
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.
This conveyance is subject to the following:
(All of those Exceptions from Coverage found on Schedule B of the
Owners Title Policy to which reference is hereby made for all purposes
and incorporated by reference as if fully set forth herein.)
TO HAVE AND TO HOLD the Property, together with all and singular the rights
and appurtenances thereto in anywise belonging unto Grantee and Grantee's successors
and assigns forever; and Grantor does hereby bind Grantor, Grantor's heirs, devisees,
successors and assigns to WARRANT AND FOREVER DEFEND all and singular the
Property unto Grantee and Grantee's successors and assigns, against every person
whomsoever lawfully claiming or to claim the same or any part thereof when the claim is
Special Warranty Deed
Page 2 of 3
by, through, or under Grantor but not otherwise.
�
EXECUTED the day of _ -�` �_. 2015.
G'rantor:
F �
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��..� �� �' . �`��� r,:
�....._� ��.._. ......._ _
Tomasa L. Garcia Alejandro ��t�c;ia
, 1 �
THE STATE OF TEXAS
CO�T�T`I`�i' OF DENTON §
�� �' °
�,�°`'� �is instrument was acknowledged before me on the ��� day of
��� p�. 201 ��� Tomasa L. Garcia. �
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�a � �' �'���` � p�.�� �
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r � ]��t� � ul�1i�; � in and for the State of Texas
�, ,�
�
�J i F,. _ " �`.
'}s ; F{ ; � `�`� �,��} .>� My �`�������s�ic�� Expires:���
THE STATE OF TEXAS
COUNTY OF DENTON
"���is instrument was ��������►�ledged before me on the �;��' day of
�
_ �r����` ��Ill�>,�� hs�c;����ir•° Garcia.
� � � k �, �j
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� { 4 � � �� ��� in and for the �t�i �, "�ycx�:�m
t ,,,, �'�i���� 1 u3�liu
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�� . �_ :, My +���������i;��i��� Expires: _,�. ....
Upon Filing Keturn To:
The City of Denton-Engineering
Attn: Paul Williamson
901-A Texas Street
Denton, TX 76209
Send Tax Billing Statements To:
The City of Denton
Attn: Finance Department
215 East McKinney Street
Denton, Texas 76201
Special Warranty Deed
Page 3 of 3
Exhibit ��/4r�
LEGAL DESCRIPTION
BEING LOT 1, BLOCK A OF GARCIA ADDITION, AN ADDITION TO THE CITY OF
DENTON, DENTON COUNTY, TEXAS, ACCORDING TO THE PLAT THEREOF
RECORDED IN DOCUMENT NO. 2009-168 OF THE PLAT RECORDS OF DENTON
COUNTY, TEXAS.
Denton County
Juli Luke
County Clerk
Denton, TX 76202
70 2015 00099032
Instrument Number: 2015-99032
Recorded On: August 26, 2015
Parties: GARCIA TOMASA L
To
As
Warranty Deed
Camment:
( Parties listed above are for Clerks reference only )
"`"` THIS IS NOT A BILL """
Warranty Deed 42.00
Total Recording: 42.00
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: 2015-99032
Receipt Number: 1331502
Recorded Date/Time: August 26, 2015 03:14:56P
User / Station: S Parr - Cash Station 3
Record and Return Ta:
TITLE RESOURCES
WILL CALL
DENTON TX 76202
THE STATE OF TEXAS }
COUNTY OF DENTON }
I t5�rnl�y certlly tllat thls Instrumets! was FILED In the FII€� FPun�taar sequ�an�e on the dc�fnifime
pr�ntnd �arrar�, ttncl was duly RECUP�C7�CJ �n the OHlclal �€i�vords af De��inra County, T�xa�,
lull Luke
County Clerk
Denton County, Texas
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EXECUTED this �� Jday of August, 2015
HOLDER:
AMERICAN FIRST NATIONAL BANK, AS RECEIVER OF
1 ST INTERNATIONAL BANK,
a banking assaciation
� z,
By: � � �,t � �`��,� � � � �._
Printed Name: Fivan zang �;
Title: S.V.P./Chief Credit Administrator
STATE OF ZEXAS §
COUNTY OF HARRI S
.�. _�,_� §
BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this
day personally appeared Fivan Zang the
_._.N.......... �9
�... S � I� . P�. _ „_� ofAMERICAN FIRST NATIONAL BANK, a banking association, known
to me to be the person and officer whose name is subscribed to the foregoing instrument and
acknorvledged to me that he/she executed the same as the act and deed of said banking association,
for the purposes and consideration therein expressed, and in the capacity therein stated.
Given under my hand and seal of office this ����Iay of August, 2015
.......�� � ..� ._. ...
"`��� , NANCY CHEN
;��,,��,, � Notary Public, Siote of Texas
f�,%"� , = My Commission Expires
.,;�,F�'�,,,, �' 5eptember 04, 2018
,. ���.
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�� �� � �� �,
�,� �;����� ��
�ik.71LaL'1�g ��J����'ti+p lilf'11� o� lia.c'1.�n7
Printed Name: ��� �� c� y t li �:�
.�—
My Commission �xpt�-e�: . 09/04/ 18 ���rv���
-2-
°� Denton County
Juli Luke
County Clerk
Denton, TX 76202
70 201 5 001 05027
Instrument Number: 2015-105027
Recorded On: September 09, 2015
Parties: AMERICAN FIRST NATIONAL BANK
To
Comment:
Release
As
Release
( Parties listed above are for Clerks reference only )
__ _
** THIS IS NOT A BILL "�
a2.00
Total Recording: 42.00
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: 2015-105027
Receipt Number: 1336529
Recorded Date/Time: September 09, 2015 03:18:17P
User / Station: J Baker - Cash Station 4
Record and Return To:
TITLE RESOURCES
WILL CALL
DENTON TX 76202
THE STATE OF TEXAS }
COUNTY OF DENTON }
I 6�vretry cenliy Y1rnt thls Instrumeeri wat� FILED In the Flle Nunst�tir sequence on 4he d�tafElme
prf�alcrsl Pacmroie, ae��i was duly REC(]FtO�b mn the OfTlclal Record� af Denton County, Tax�r�.
Jull Luke
County Clerk
Denton County, Texas
UCC FINA CING STATE E T T
FOLLOW INSTRUCTIONS
A. NAME & PHONE OF CONTACT AT FILER (optional)
B. E-MAIL CONTACTAT FILER (optional)
C. SEND ACKNOWLEDGMENT TO: (Name and Address)
I
�
18. INITIAL FINANCING STATEMENT FILE NUMBER
2007-76209
c � p
THE ABOVE SPACE IS FOR FILING OFFICE USE ONLY
This FINANCING STATEMENT AMENDMENT is to be filed [for record]
(or recorded) in lhe REAL ESTATE RECORDS
Fil2r. �t�.h Amendmenl Addendum (fr�zrn ��`�3Ac1j � w�r�Svl�a.} 'L��ls[�irs ri�rrrr�r la� N�rrs 13
� 2. � TERMINATION: Effecliveness of the Financing Stalemenl identified ebove is lerminated with respect to the security interest(s) of Secured Party aulhorizing this Terminelion
Statement
3, � ASSIGNMENT (full or partial): Provide name of Assignee in item 7a or 7b, � address of Assignee in item 7c �pQ name of Assignor in item 9
For parlial assignmenl, complete items 7 and 9�pQ also indicate affecled collaleral in item 8
4. � CONTINUATION: Effectiveness of the Finencing Stalemenl identified above wilh respect lo lhe security interesl(s) of Secured Party euthorizing this Conlinualion Stalement is
continued for the additional period provided by applicable law
5. ❑ PARTY INFORMATION CHANGE:
Check gpg of lhese lwo boxes: � Check 4pg of these lhree boxes to:
__ ,— CHANGE name andlor address: Complele �,�I.iD n�nz� f,:omplete ilem DELETE name: Give record name
This Gh¢ara{an effects CI�:Debtor �. Sec:�ir�!n �'�rsy of record � 1 item 6e or 6b; gp,�] ilem 7a or 7b � item 7c � 7a or ]��, ;,�a�¢. Item 7c �� to be deleted in ilem 6a or 6b
---- . , __ __
6. CURRENT �L"-f.;4���} INFORMATION t�prr�ns�ts; for 3�e�rry Information Ch�nr�r� �are��irl� only g� name (6a or r���y
��:. ORGANIZATION'S NAME
----------------._�.�.._�........ _._..........._,
6b INDIVIDUAL'S SURNAME
7. CHANGED OR ADDED INFORMATION: Complete for
,.u� __�.�
7a ORGANIZATION'S NAME
OR �,,.
� 7b. INDIVIDUAL`4 SJ��;.3+<�s,�dBF:�
� � INDIVIDUAL'S FIRST PER�GIV�L h���cfiE
� INDIVIDUAL'S ADDITIONAL NAME(S)/INITIAL(S)
. _ ...-...�,�,�....„ _ _
ls; M,A€l�IfJw, A�ifaRESS
�FIRSTPERSONALNAME �ADDITIONALNAME(S)/INITIAL(S) SUFFIX
or p�rty Informalion t,taxng�� �� �mSu�Ru tmdy 4.p@ name (7a or 7b) (use exact full narna; do not omit, nias3ity, or abbreviate any part ol the Debtor's name)
SUFFIX
COUNTRY
COLLATERAL CHANGE: � check 4pg of these four boxes: �-� ADD collaleral C� DELETE collateral �,� RESTATE covered collateral �,_� ASSIGN colleterel
Indicate collateral:
9. NAME OF �ECURED PARTY OF RECORD AUTHORIZING THIS AMENDMENT: Provide only gpg name (9a or 9b) (name of Assignor, if this is an AssignmenY)
If this is an Amendment authorized by e DEBTOR, check here �' and provide name of euthorizing Deblor
�e....... — � .e. .e.w..�..� ,
��s, LSRUA�Il�i+1 dUfW s I���r1� �
AMERICAN FIRST NATIONAL BANK, Successor in Interest to FIRST INTENRNATIONAL�BANK
OR�� ..,,,,. .... ...... .....� __
10. OPTIONAL FILER REFERENCE DATA:
WAS1077.101
_ __ _ _
Interna4ional Association of Commercial Administrators (IACAI
FILING OFFICE COPY — UCC FINANCING STATEMEN7 AMENDMENT (Form UCC31 (Rev. 04/20/111
Denton County
Juli Luke
County Clerk
Denton, TX 76202
70 2015 00099033
Instrument Number: 2015-99033
As
Recorded On: August 26, 2015 UCC -1 or 2 pages
Parties: AMERICAN FIRST NATIONAL BANK
To
Comment:
( Parties listed above are for Clerks reference only )
** THIS IS NOT A BILL **
UCC - 1 or 2 pages 40.00
Total Recording: 40.00
Number of Pages: 2
************ 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: 2015-99033
Receipt Number: 1331502
Recorded Date/Time: August 26, 2015 03:14:56P
User / Station: S Parr - Cash Station 3
Record and Return To:
TITLE RESOURCES
WILL CALL
DENTON TX 76202
�ry� THE STATE OF TEXAS }
`��Tfi���' COUNTY OF DENTON }
�:," .t�' I f�arrca6y cvr8ity €h�t thls Instrumes�t vr�a�s�. FILED In the Fllr� Nu�nia�r� sequence on the sl�tiadtfine
¢`" i g� � printa�ti hui"�rrr�t, a�eai was duly RECC)F�St£i� 6ts the Of/lclal R+a�or�ls �? Denton County, Tnz€�s.
�,� ; 1 s�
�, " � \� �„ Jull Luke
��. '� .� County Clerk
�����r� Denton County, Texas
� !
� � � � .�, 1r �' � � 1..c �
:. � i
Date: August � , 2015
Holder of Note and Lien: Tim Beaty Builders, Inc.
Holder's Mailing Address: 421 Hickory #200, Dentan, Denton County, Texas 76201
Date: July 1, 2014
Original principal amount: $200,000.00
Borrower: Tomasa L. Garcia
Lender: Tim Beaty Builders, Inc.
Maturity date: July 1, 2019
Note and Lien Are Described in the Following Documents: That certain Deed of Trust dated
July l, 2014 from Tomasa L. Garcia and Alejandro Garcia to Christopher Stanley, Trustee for
the benefit of Tim Beaty Builders, Inc. recorded under pocument Number 2014-78547 of the
Official Public Records af Denton County, Texas (the 66Deed of Trust99 herein).
Property (including any improvements):
The Property in the Deed of Trust is described as Being all that certain lot, tract or
parcel of land situated in the A. Hill Survey, Abstract No. 623, in the City of
Dentan, Denton County, Texas, being all that certain tract of land conveyed by
deed from Williarn B. Fullbright to Bee-Mart Construction Services, Inc.,
recarded in Volume 4129, Page 1524, Real Property Records of Denton County,
Texas. The parties to the Deed af Trust hereby acknowledge that the legal
description of the Property was incorrect in that such property had been platted as
an Addition to the City of Denton requiring various dedications that excepted out
the amount of such Property owned by the Grantors at the tirne of the execution of
the said Deed of Trust. The parties herein desire to correct the description of the
Property subject to such lien as follows:
Being all of Lot 1, Block A af Garcia Addition, an Addition to the City of
Denton, Denton County, Texas according to the plat thereof recorded in
Document Number 2009-168, Plat Records of Denton Caunty, Texas.
PAGE 1 OF 3-RELEASE OF LIEN
(City of Denton.DME ProjecdLocust SS/Garcia/Condemnation/Docs/Release of Lien. Locust SS. GARCIA)[cs;081015]
�. � i 1 1 � �
Holder of Note and Lien is the owner and holder of the Note and Lien described above.
Holder of Note and Lien acknowledges payment in full af the Note and releases the
Property from the Lien and fram all liens held by Halder of Note and Lien, without regard to
how they were created or evidenced.
For value received, Holder of Note and Lien releases the Property from the Lien.
Holder of Note and Lien expressly waives and releases all present and future rights to
establish or enforce the Lien as security for payment af any future or other indebtedness.
When the context requires, singular nouns and pronouns include the plural.
The Parties, by their signatures belaw, acknowledge the correction of the description af
the Property subject to the Note and Lien.
Holder of Note and Lien:
i : �
,„ � ,� .. �..... �
�� >
�
�
n...� �__.4 _
,�.� `�- ��� ,�
B �r;r'�'"�,.-�' ,.. ;�"' . '�� _� ,. � r —
�..�� �
�.� ���"` �ir�� Beatyw I'r��i� cT�1` :. ��
� . ,�
C��-���tc�r° .
,����� �
a L. Garcia
THE STATE OF TEXAS
• • l; •
�
�'�� �
�t{ � �
..� .. �
,--"� � �'`�� �
�.... � ��.�_ � � �.. �
Alej�����it� � Garcia
,! 1
,� r � a���,
This instrument was acknowledged before me on the ��_,�� day of
�, �.� t� ���, �. � � 2015 by Tim Beaty as President of Tim Beaty Builders, Inc.
,�
� � � � �=�� �..,�� ° �
� ��)
,,Hzia3 �G : �"� �4..,. ��,t���,,�,� . ,....��.�°"`-^'� �'
�,s �Yk
�u� .�y. � ��Cl� , a y@ � 3:�;� .,.... -�,,..�... . .,�.....
� ��� p � ��� Notary Public, in and for il�� '����� ��' T��,����
N �� i���N%r.� ttd��Yi,k.��"� rs��A�v�iYK+�n��w��.���..
{ � �,:�� 3 1 P$ �
�"�°� � � ��'�� � �� � � My Commission Expires 'r �� � � � �°
� �' 19 y .,.x ....� � ..........a„
S.. �
PAGE 2 OF 3—RELEASE OF LIEN
(City of Denton.DME Project/Locust SS/Garcia/Condemnation/Docs/Release of Lien. Locust SS. GARCIA)[cs;081015]
. � .
�' • � •
"'l�i� instrument was acknowledged before me on the m„ day of
' �� , 2015 by Tomasa L. Garcia.
.�.�.__ �
f,i4 S; �r
! 1, � i .
t �} 1 . . � � J r .
�� yyrv+ (
TA dL ll d 6 1 A L ol A L116 11.J
• ' ` •�
._ .....:
���a� y u�ai �. in and for t��� ���t� of Texas
My C;c�r��i7 � °�;ic>�a Expires:�.
i� instrument was acknawledged before rne on the v day of
��'�_, 2015 by Alejandro Garcia.
. r :,;,
y� � � `, �'�� �.
, �• � � � , � �
sr � t`�,�
, � �„a r �� ��,� a
��� i ''' f�,
Upon Filing Return To:
The City af Denton-Engineering
Attn: Paul Williamson
901-A Texas Street
Denton, TX 76209
�
�
.
� .
�� e .�. � � � � � .
���i����• ��l�li •, in and for the �., 2�`��t�, of Texas
My �'�r����i �i��i Expires:� �
PAGE 3 OF 3—RELEASE OF LIEN
(City of Denton.DME ProjecULocust SS/Garcia/Condemnation/Docs/Release of Lien. Locust SS. GARCIA)[cs;081015]
f':�1:i:i1:3YII:1
._ ,, . _ . . � ,- , ,�r � . �<,. . . - . r- .
! - r . - . . . . . . - . . . ,. � ., . . -, �'. - .
11' � • •' �- '� �
Denton County
Juli Luke
Caunty Clerk
Denton, TX 76202
70 2015 00099034
Instrument Number: 2015-99034
Recorded On: August 26, 2015
Parties: TIM BEATY BUILDERS
To
Comment:
Release
a2.00
Total Recording: 42.00
As
Release
Billable Pages: 5
Number of Pages: 5
( Parties listed above are for Clerks reference only )
._
** THIS IS NOT A BILL **
_ _
************ 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: 2015-99034
Receipt Number: 1331502
Recorded Date/Time: August 26, 2015 03:14:56P
User / Station: S Parr - Cash Station 3
Record and Return To:
TITLE RESOURCES
WILL CALL
DENTON TX 76202
THE STATE OF TEXAS }
COUNTY OF DENTON }
I Mvr�F�y carkpiy that thla Instrum�ht w�ss �ILED In the Fll�r Nunrtse� seqaanns:e on the dat�ltlme
prin#ud hardmt, �aisJ was duly R��CiRl��t7 in the Ofticlel F��ortia s�f Dec�l�aai County, Text�g.
Jull Luke
County Clerk
Denton County, Texas
Date: August � 2015
Judgment Debtor: Alejandro Garcia and Tomasa Garcia
Judgment Creditor: Tim Beaty Builders, Inc.
Judgment:
Date: September 17, 2012
Cause number: 2011-20981-158 in the 158t" District Court, Denton County, Texas
Style of case: Tim Beaty Builders, Inc. vs. Alejandro Garcia and Tomasa Garcia
Court: 158th District Court, Denton County, Texas
Abstract of Judgment Recording Information:
Abstract of Judgment, recorded under pocument Number 2012-105652 of the Official
Records of Denton County, Texas.
Judgment Creditor acknowledges satisfaction of the Judgment and releases to Judgment
Debtor any and all liens existing by reasan of the Judgment and the filing of the Abstract of
Judgment.
Judgment Creditor:
TIM BEATY BUILDERS� INC.
s�
�� ,� � �,.��..� ,
� � �, �" ,
$y; '�` — ��� � �� � '_
< �ii�� I�c�t�, �m c���c�i � ��
PAGE 1 OF 2—RELEASE OF ABSTRACT OF JUDGMENT
(City of Denton.DME ProjecULocust SS/Garcia/Condemnation/Docs/Release of Judgment Lien. Locust SS. GARCIA)[cs;081015]
. � .
COUNTY OF DENTON §
^, � ��t,
This instrument was acknowledged before me on the �'� c.i��y of
�i��,,,b� ��a ~°� , 2015 by Tim Beaty as President of Tim Beaty Builders, Inc.
� - ,� ��,��,���� � �
w£��
���;� �,�� ,... � ������ �'����� ��'�
,���� w; � �, �� ��.����� � ��,��r d� ���:�� ��� ������ �
> ��, � ��,�� �. �=t�� ��a����x� � ���f �� . �
��,��d�� �� � ��� ��� ���� ��� € �
��i��z�x� , '� `Gam�w' 'xs�;-w xrcrt� �;.�mv�� �rs r:.r.,r� ��
Upon Filing Return To:
The City of Denton-Engineering
Attn: Paul Williamson
901-A Texas Street
� �#t � �� k � � �,., � .�
`'—"' `� ���� � � ��._. .
�._.� � �� , . i � � w= ��' � � �
Notary Public, in ar��� for the State of Texas
PAGE 2 OF i—RELEASE OP ABSTRACT OF JUDGMENT
(City of Denton,DME Project/Locust SS/Garcia/Condemnation/Docs/Release of Judgment Lien, Locust SS. GARCIA)[cs;081015]
Denton Caunty
Juli Luke
Caunty Clerk
Denton, TX 76202
70 2015 00099035
Instrument Number: 2015-99035
Recorded On: August 26, 2015
Parties: TIM BEATY BUILDERS
To
Comments
Release
34.00
Total Recording: 34.00
As
Release
( Parties listed above are for Clerks reference only )
** THIS IS NOT A BILL **
Billable Pages: 3
Number of Pages: 3
************ 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: 2015-99035
Receipt Number: 1331502
Recorded Date/Time: August 26, 2015 03:14:56P
User / Station: S Parr - Cash Station 3
Record and Return To:
TITLE RESOURCES
WILL CALL
DENTON TX 76202
THE STATE OF TEXAS }
COUNTY OF DENTON }
I harak�y certlty �h�t thls Instruni�nC wa� FILED In the Flln Nuntt��r sequence on the d�4eltlme
p�•9nRut9 hu�itas�, ��id was duly R��C3RL7��5 kn the Offlclal �weos�etls �sT Denton County, Te�xa€s.
Jull Luke
County Clerk
Denton County, Texas
�' : , � . : , � . ♦. ��...
; •.....',.-..... ,.. •.,.
�
TOM�Is?i L,. GAR.�:IA et UX, 0t al,
Condemnee(s)
THE STATE OF TEXAS
•' • �; t
.
.
,
,:. , � � I` I I;:. f �..:
♦
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� ��,ry�11 ,. � ,,,
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�
Irl.�����: � 1' �� �� i �� � \ ��:.:. �� :�� � .
! ! • �. � • !�.
� t` •' .
l� �i..�l:�.�� �� i�l� l�E�]C��t�'�
In connection with that CeT't�iri NOTICE OF LIS PENDENS recorded April 9, 2015, under
Instrument Number 2015-36669, Rea1 Property Records of Denton County, Texas, involving a law
suit styled and nurnbered City of Denton, Texas, Condemnor, vs. Tomasa L. Garcia et ux, et al.,
Condemnee(s); Denton County Probate Caurt, Denton County, Texas, Cause No. PR-2015-00309,
in the files of the Caunty Clerk of Denton, and against the praperty mare fully described and
depicted, respectively, in the attached Exhibits "A" and "B", the City of Denton, Texas, Condemnor
in such proceeding, hereby RELEASES the aforementioned NoT�CE oF L�s PENDENs.
Respectfully submitted,
KELSEY, KELSEY & HICKEY
P.O. Box 9 i 8
Denton, Texas 76202-0918
Telephone: 940-3 87-9551
Metro: 940-243-2888
Facsimile: 940-387-9553
��
�
�
By:
RICH . LSEY
State Bar No. 11244000
5��� � l ���� �'�c���l�►��c��� �e,� �,� i�u����.�, �.����
JoxN E. LSEY
State Bar No. 00792620
PAGE 1 OF 2—RELEASE OF I�IS PENDENS
(City of Denton.DME Project/Locust SS/Garcia/Condemnation/Docs/Release of Lis Pendens. Locust SS. GARCIA)[cs;072415]
.I��c.i��v�rd� l�.a�i����l����sl����r�����, �,�����r
SCOTT W. ICKEY - LEA>i i;oUNSEL,
State Bar No. 00789371
�� 1i� lz�y���?�i�,nt��a�t�����1<a����� � �,�,c���
� : � R.. . � : � �. ,;. . . � � ' . ,. / ��.. � . � � .....
�� . � : � .����. . . . � :R..
�T•i:i\CI � 1 1/ \
• • •
r • . •.
This instrument was acknowledged before me by SCOTT W. HICKEY on this the
� �� day of _ _r�` �� �_�� _.. ,�`�` 2015,
t._.,.,.....�..�.9
i
� kru`�r'�'�i�An�tJLr
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.,��raiar �`!{� �ttil �i`���l� � �.
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r, � If�6;�ije [ i si i� �{ m9 �,f'.�
4y �� � g�� +,., i ti+ 4�e d� s� i�6i :
, fF� ' iw�Cll4' �I #d�'� t'�f� ,�
'� J fPS j . ..
~ �!aUllf#'�`}�ir's�tildA�keK�^:= ��k�n:fA 5f.�.k Mk�;v`f�3'�=i'k'k'�'.`�&\�=i:��� .
, � ����.. � � � �:'. � � :� ���� .
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C
Notary Public in and for the State of Texas
PAGE 2 OF 2—RELEASE OF LIS PENDENS
(City of Denton.DME Project/Locust SS/Garcia/Condemnation/Docs/Itelease of Lis Pendens. Locust SS. GARCTA)[cs;072415]
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Denton County
Juli Luke
County Clerk
Denton, TX 76202
70 2D15 00099036
Instrument Number: 2015-99036
As
Recorded On: August 26, 2015 Release
Parties: CITY OF DENTON
Ta
Comment:
Release
( Parties listed above are for Clerks reference only )
** THIS IS NOT A BILL **
42.00
Total Recording: 42.00
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 Informatian:
Document Number: 2015-99036
Receipt Number: 1331502
Recorded Date/Time: August 26, 2015 03:14:56P
User / Station: S Parr - Cash Station 3
Record and Return To:
TITLE RESOURCES
WILL CALL
DENTON TX 76202
THE STATE OF TEXAS }
COUNTY OF DENTON }
I hereby certlfy thet thls Instrument was FILED In the Flle Number eequence on the dete/tlme
printed heron, and was duly RECORDED In the Of9lclal Records of Denton County, Texas.
Jull Luke
County Clerk
Denton County, Texas
,
DATE : October 26, 2015
GF NO: 145081
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 , Denton County, Texas and being commonly known as 207 COLLINS ST., DENTON, TEXAS
76201("Propert�/').
We are pleased to enclose an Owner's Title Policy No. 103-0-145081 from TitleRes, issued in connection with the
purchase of the property deseribed 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 opportunityto 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 LE
RESOURCES help you with the purchase of your property.
� � ', , � , � ,
Gail Green
Policy Processor
gail@trnt.net
Enclosure
525 �outf� Loop 28� S�aite #(25 * I7entssn, 'I'exas 76205 * Office (440� 381-E006 * iF/t�tro �440} 243-2913 * Fax (94(�) 848-412i
103-0-145081
OWNER'S POL�CY OF TITLE INSURANCE (Form T-1)
Issued by
itle esources Guaranty Co pany
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 "encroachmenY' 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
OWNER'S POLICY OF TITLE INSURANCE (Form T-1)
Issued by
� � � .-, � -.
SCHEDULE A
Name and Address of Title Insurance Company:
TITLE RESOURCES GUARANTY COMPANY
8111 LBJ Freeway, Suite 1200, Dallas, Texas 75251
File No.: 145081
Policy No.: 103-0-145081
Address for Reference only: 207 COLLINS ST., DENTON, TX 76201
Amount of Insurance: $676,276.00
Date of Policy: August 26, 2015, at 03:14 pm
Premium: $4,168.00
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:
Being Lot 1, Block A of GARCIA ADDITION, an Addition to the City of Denton, Denton
County, Texas, according to the plat thereof recorded in Document No. 2009-168,
Plat Records of Denton County, Texas.
Foem T-1: Owner's Policy of Title Insurance Page 1
File No.: 145081
OWNER'S POLICY OF TITLE INSURANCE (Form T-1)
Issued by
TITLE RESOURCES GUARANTY COMPANY
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EXCEPTIONS FROM COVERAGE
Policy No.: 103-0-145081
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:
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2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments
or protrusions, or any overlapping of improvements.
3. Homestead or community property or survivorship rights, if any, of any spouse of any
Insured.
4. Any titles or rights asserted by anyone, including but not limited to, persons, the public,
corporations, governments or other entities,
(a) to tidelands, or lands comprising the shores or beds of navigable or perennial
rivers and streams, lakes, bays, gulfs or oceans, or
(b) to lands beyond the line of the harbor or bulkhead lines as established or
changed by any government, or
(c) to filled-in lands, or artificial islands, or
(d) to statutory water rights, including riparian rights, or
(e) to the area extending from the line of inean low tide to the line of vegetation, or
the right of access to that area or easement along and across that area.
5. Standby fees, taxes and assessments by any taxing authority for the year 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).:
Form T-1: Owner's Policy of Title Insurance Page 2
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Form T-1: Owner's Policy of Title Insurance Page 3
GF Number Policy Number Date of Endorsement Amount of Insurance
145081 103-0-145081 August 26, 2015 N�A
Attached ta and made a part of
Owner's Title Policy Number as shown above,
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The Company hereby insures against loss or damage sustained by the insured by reason of:
(1) the failure of the boundary line of Parcel A of the land to be contiguous to the
boundary line of Parcel B; ar the Southern boundary of the subject properly and the Northern boundary
af the former 2.110 acre Richard Woods tract recorded under pocument No. 94-042494 of the Real
Property Records of Denton County, Texas.
(2) the presence of any gaps, strips or gores separating any af the contiguous boundary lines
described above.
This endorsement is issued as part of the policy. Except as it expressly states, it does not (i)
modify any of the terms and provisions of the policy, (ii} modify any prior endorsements, (iii) extend the
Date of Policy, or (iv) increase the Amount of Insurance. To the extent a pravision of the policy ar a
previous endorsement is inconsistent with an express provision of this endorsement, this endorsement
contrals. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and af
any prior endorsements.
TITLE RESOURCES GUA NTY COMPANY
By:
TITLE Itl�1 "f�t€ltC°���,5„ LLC
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Form T-25: Contiguity Endorsement
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 otherwise 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 NOTI�E
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.
Tit�e Resources Guaranty Company
Pr�vacy Policy otice
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 nonafFliated 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.
Title V of the Gramm-Leach-Bliley Act (GLBA) generally prohibits any financial institution,
directly or through its affiliates, fram sharing nonpublic personal information abaut you with a
nanaffiliated third party unless the institution provides you with a notice of its privacy palicies
and practices, such as the type of information that it collects about you and the categaries of
persans or entities to whom it may be disclosed. In compliance with the GLBA, we are
providing you with this document, which notifies yau of the privacy policies and practices of
Tl 1 LL' 1lL` s7o V l�l.E�.7y LLI.. (66 111 LL` �.7o V lil.L` s7").
We may collect nonpublic personal information about you fram the following saurces:
• Information we receive from you, such as on applications or other forms.
• Information about yaur transactions we secure fram our files, ar from our affiliates or others.
• Information we receive from a consumer-reporting agency.
• Informatian that we receive from athers involved in yaur transaction, such as the real estate
agent or lender.
Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additianal
nonpub(ic personal information will be collected about you.
We may disclose any af the above infarmation that we collect about our customers or former
customers to our af�liates or to nonaf�liated third parties as permitted by law.
We alsa may disclase this infarmatian about our customers or former customers to the following
types of nanaffiliated companies that perform marketing services on aur behalf or with whom we
have joint marketing agreements:
• Financial service providers such as companies engaged in banking, cansumer finance,
securities and insurance.
• Non-financial companies such as envelope stuffers and other fulfillment service providers.
WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFO ATION ABOUT
YOU WITH ANYONE FOR ANY PU OSE THAT I5 NOT SPECIFICALLY
PE ITTED BY LAW.
We restrict access to nonpublic personal information about you to those employees who need to
knaw that information in order to provide products or services to you. We maintain physical,
electronic, and procedural safeguards that comply with federal regulatians to guard yaur
nonpublic personal information.
Privacy Policy Notice
Title V of the Gramm-Leach-Bliley Act (GLBA) generally prohibits any financial institution,
directly ar through its affiliates, from sharing nanpublic personal information about you with a
nonaffiliated third party unless the institutian provides yau with a natice of its privacy palicies
and practices, such as the type of information that it callects about you and the categories af
persons or entities to whom it may be disclosed. In compliance with the GLBA, we are
providing you with this document, which natifies you of the privacy policies and practices of
Title Resources Guaranty Company
We may collect nanpublic personal infarmation about you from the following sources:
• Information we receive from you, such as on applications or other forms.
• Information about yaur transactions we secure from our files, ar 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 infarmatian that we collect about our customers ar former
customers to our affiliates or to nonaf�liated third parties as permitted by law.
We alsa may disclose this informatian about our customers or former customers to the following
types af nonaffiliated companies that perforrn marketing services on our behalf or with whom we
have joint marketing agreements:
• Financial service praviders such as companies engaged in banking, consumer finance,
securities and insurance.
• Nan-financial companies such as envelope stuffers and other fulfillment service praviders.
WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT
YOU WITH ANYONE FOR ANY PU OSE THAT IS NOT SPECIFICALLY
f��1-.i►r� Y�ll l� 1: 1�
We restrict access to nonpublic personal information about you to those employees who need to
knaw that informatian in order to provide praducts or services to you. We maintain physical,
electronic, and procedural safeguards that comply with federal regulations to guard yaur
nonpublic persanal information.
G.F. Number 145081
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 Compan�Js toll-free telephone number for information or to
make a complaint: Title Resources Guaranty Company.
3. You may also write to Title Resources Guaranty Company at Title Resources Guaranty Company.
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 Title Resources Guaranty Company.
3. Usted tambien puede escribir a Title Resources Guaranty Company: Title Resources Guaranty
Company.
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.