2002-071ORDINANCE NO. ,.gPP
AN ORDINANCE APPROVING THE PURCHASE OF A 0.568 ACRE PUBLIC UTILITY
EASEMENT AND A 0.354 ACRE TEMPORARY CONSTRUCTION EASEMENT
BETWEEN THE CITY OF DENTON AND JEFFREY W. NOE AND JEANIE T. NOE,
EASEMENTS LOCATED IN THE J. CHEEK SURVEY, ABSTRACT NO. 227 AND THE H.
WILLIAM SURVEY, ABSTRACT NO. 1417, DENTON COUNTY, TEXAS; AUTHORIZING
THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE.
(LAKE RAY ROBERTS WATER TRANSMISSION LINE PROJECT)
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS:
SECTION 1. The City Manager or his designee is hereby authorized to purchase a public
utility easement and temporary construction easement in substantially the form of the Easement
which is attached hereto and made a part of this ordinance for all purposes regarding the Lake
Ray Roberts Transmission Waterline Project.
SECTION 2. The City Manager or his designee is authorized to make the expenditures
and exercise the rights and duties 0fthe City as set forth in the attached Easement.
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the ~ day of ~'~~ ,2002.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CIT~ SECRETARY
Title Company: First American Title Insurance Company
File No.: 08107513
Purchaser(s)/Borrower(s): CITY OF DENTON TEXAS
Seller(s): JEFFREY W. NeE and JEANIE T. NeE
Lender:
Property:
See Exhibit A attached hereto and made a part hereof.
By initialing one or more of the following items as may be appropriate for this transaction, each Seller and/or Buyer/Borrower
acknowledges understanding of the disclosures being made by Title Company and affirms the representations made to them by Title
Company as indicated. Each such disclosure or representation may jointly benefit both First American Title Insurance Company and its
underwriter. Singular reference to Seller, Buyer and Borrower includes multiple individuals/entities identified above.
Any numbered item not applying to this transaction may be crossed out.
Buyer(s) 1)
Initials:
WAIVER OF INSPECTION: You may refuse to accept an exception to
"Rights of Parties in Possession" in the Owner Title Policy to be issued. "Rights
of Parties in Possession" means one or more persons who are themselves
actually physically occupying the Property or a portion thereof, under a claim
of right adverse to the record owner of the Property. Title Company may
require an inspection and may charge for reasonable and actual costs to inspect.
Title Company may make additional exceptions for matters the inspection
reveals. If you initial this paragraph, you waive inspection of the Property and
you accept the exception in your Owner Title Policy.
Buyer(s)/
Borrower(s)
2)
RECEIPT OF TITLE COMMITMENT: You acknowledge having received
and reviewed a copy of the Title Commitment issued in connection with this
transaction and you understand that your Owner Title Policy will contain the
exceptions set forth in Schedule B of the Title Commitment, and any additional
exceptions to title resulting from the documents involved in this transaction.
Buyer(s)/
Borrower(s)
3)
NOTICE: You may wish to consuIt an attorney to discuss matters shown in
Schedule B or C of the Title Commitment. These matters will affect your title
and use of your Prope~y. Your Owner Title Policy will be a legal contract
between you and the Title Company. The Title Commitment and Owner Title
Policy are not abstracts of title, title reports or representations of title. The
Owner Title Policy is a contract of indemnity. Title Company does not
represent that your intended use of the Property is allowed under the law or
under the restrictions or exceptions to title on your Property.
Buyer(s)
4)
ACCEPTANCE OF SURVEY: Buyer has received and reviewed a copy of
the survey of the Property made in connection with this transaction and
acknowledges being aware of the following matters of conflict,
encroachment(s) and/or discrepancies disclosed by the survey:
Buyer(s)
Initials:
5)
UNSURVEYED PROPERTY: Buyer understands that a current survey of
the Property has not been done in connection with this transaction and that the
Owner Title Policy to be issued to Buyer will not provide title insurance
coverage against encroachment of improvements, boundary conflicts, or other
matters that would be found by a current survey. Title Company has not
attempted to determine if the Property lies in a special flood hazard area, and
Title Company has not made any representation concerning proximity of the
Property in relation to any flood-plain or flood hazard area. Buyer is advised
that information concerning special flood hazard areas may be available from
county or municipal offices, a qualified surveyor or land-engineering
company, or a private flood-plain consultant.
Borrower(s)
Initials:
6)
REFINANCE ONLY - SURVEY: Borrower understands that in connection
with the present refinance transaction First American Title Insurance
Company has been requested to issue its Mortgagee Title Policy to the
Lender, and that in said Mortgagee Title Policy certain survey coverage has
been requested by the Lender for which a new survey is typically required.
Borrower also understands that I may provide this affidavit to the title
company together with an original or legible copy ora previous survey in lieu
of a new survey being obtained.
Attached hereto is a true and correct copy of a survey dated Date, prepared by
Name, Registered Public Land Surveyor, RPLS No. No., Chereinafler the
"Previous Survey").
The present refinance transaction will not cover any other property other than
the property described in the Previous Survey.
I swear, on my oath, that I have actual knowledge of the physicaI condition of
the property since Date, the effective date of the Previous Survey, and that no
"structural" changes have been made to the property since that date.
"Structural" changes include but are not limited to:
(i.) improvements to the property such as additional moms, garages, new
fence, new swimming pool, hot tub, and decking for swimming pool and
hot tub;
(ii.) altarations of the boundaries or fencas of the property;
(iii.) construction projects on immediately joining property(ies) which
construction occurred near the boundary of the property; or
(iv.) conveyance or replattings or easement grants or easement dedications by
the affiant;
(v.) any other changes to the property which would be reflected by a current
accurate survey.
Seller(s)
Initials:
Buyer(s)
Initials:
6a) PURCHASE ONLY (PLATTED PROPERTY)-SURVEY: Pumhaser
understand that in connection with the present transaction First American
Title Insurance Company has been requested to issue its Mortgagee Title
Policy to the Lender, and that in said Mortgagee Title Policy certain survey
coverage has been requested by the Lender for which a new survey is typically
required. Pumhaser also understands that Seller may provide the following
affidavit to the title company together with an original or legible copy of a
previous survey in lieu of a new survey being obtained.
Purchaser also understands that survey coverage may be requested and
provided for in the owner title policy upon payment of the applicable premium
as called for in Rate Rule R46.
Attached hereto is a true and correct copy of a survey dated Date, prepared by
Name, Registered Public Land Surveyor, RPLS No. No., (hereinafter the
"Previous Survey").
The present transaction does not cover any other property other than the
property described in the Previous Survey.
I, the seller in this transaction, swear, on my oath, that I have actual
knowledge of the physical condition of the pmpemy since Date, the effective
date of the Previous Survey, and that no "structural" changes have been made
to the property since that date.
"Structural" changes include but are not limited to:
(i.) improvements to the property such as additional structures, rooms,
Seller(s)
Initials:
Buyer(s)
7)
garages, new fence, new parking lots, new swimming pool, hot tub, and
decking for swimming pool and hot tub;
(ii.) alterations of the boundaries or fences of the property;
(iii.) construction projects on immediately adjoining property(ies), which
construction occurred near the boandary of the property;
(iv.) conveyance or replattings or easement grants or easement dedications by
the affiant;
(v.) any other changes to the property which would be reflected by a current
accurate survey.
1 the purchaser in this transaction, accept the Previous Survey and understand
that no new survey has been pumhased.
PROP~Y TAX PRORATIONS: Property taxes for the current year
have
been--~prorated between Buyer and Seller, who each acknowledge
undemtanding that these prorations are based either on tax amounts for the
preceding year or on estimates of the appraised value and/ur estimated tax
rates for the current year. Buyer and Seller each agree that, when amounts of
the current year's taxes become known and payable (on or about October lst),
they will adjust any matters of m-proration and reimbursement between
themselves and that Title Company shall have no further liability or obligation
with respect to these prorations. However, in the event of any conflict
between this paragraph and the contract between Buyer and Seller, the contract
will control.
Buyer(s)/
Borrower(s)
Initials:
7a)
UNIMPROVED TAX RESERVE TO LENDER: Buyer is aware that the
escrow account being created at closing is based on partially unimproved
taxes. Buyer also understands there is a possibility that the escrow account
held by Lender may be short at the end of the year and the Lender could
require additional money to make up the shortage or the Lender can increase
the monthly payment to collect this shortage.
Buyer(s)
Initials:
8)
TAX RENDITION AND EXEMPTIONS: Although the DENTON
County Appraisal District (AD) may independently determine Buyer's new
ownership and billing address through deed record research, Buyer is still
obligated by law to "reoder" the Property for taxation by notifying the AD of
the change in the Property's ownership and of Buyer's proper address for tax
billing. Buyer is advised that taxes may have been assessed on the basis of
various exemptions obtained by Seller:
1) Homestead
2) Over-65
3) Disabled veteran
4) Agricultural
To the extent that Buyer may qualify to continue these exemptions, it is the
responsibility of Buyer to satisfy requirements of the AD within the period of
time allowed. Buyer acknowledges understanding of these obligations and the
fact that Title Company assumes no responsibility for future accuracy of AD
records concerning ownership, tax-billing address or status of exemptions.
Buyer(s)
Initials:
Sa)
OVER 65 EXEMPTION: The property taxes on the above referenced
property are assessed with an over 65 exemption. If the Buyer is not entitled
to this exemption, the taxing authorities are authorized by law to remove the
exemption as of the date of sale and assess the taxes for the remainder of the
year at the non-exempt rate. The taxing authorities may send a supplemental
tax bill assessing the remainder of the current year's taxes without the
exemption. Buyer acknowledges sole responsib#itv for the pco, ment of and
that the Title Company shall have no liability or obligation with respect to
anv supplemental tax bill. Further, unless instructed otherwise by the lender,
the escrow (if any) was established using calculations based on the most
recently available tax amounts, with the exemption. Themfore, the lender
may, once the new tax amounts are established, adjust the Buyer's escrow
payment to reflect the increased tax amount.
Seller(s)
Initials:
Buyer(s)
Initials:
Sb)
AGRICULTURAL EXEMPTION: Seller and Buyer hereby acknowledge
they are aware the real property being purchased is subject to an agricultural
exemption on the tax roll. The Title Company assumes no responsibility for
any f~ture roll back taxes and buyer understands and agrees, if the taxing
authorities roll back taxes due to the exemption being removed, they will be
responsible for all future taxes assessed by the taxing authorities and hold the
Title Company harmless from any claim that may arise due to this exemption
being removed from the tax roll.
Seller(s)
Initials:
Buyer(s)
9)
SPLIT OUT - TAXES Seller and Buyer agree and understand the taxes
need to be "split out" at the Appraisal District. By our initialing this section,
we agree to hold the Title Company harmless from any claim that may arise
due to any further adjustments of the prorations after closing.
Seller(s)
Initials:
lO)
PRIOR YEAR TAXES PAID Seller certifies all taxes for prior years have
been paid in full. The undersigned Seller further agrees to reimburse Title
Company for any and all unpaid taxes, penalties, interest and attorney fees due
to taxes being due and/or unpaid as determined by the AD and/or taxing
authorities.
Seller further agrees that any default in prior payment of property taxes, either
current or delinquent, will on demand, be promptly reimbursed by Seller to
Title Company
Seller(s) Buyer(s) 1 l)
Initials: Initials:
ACCEPTANCE OF REPAIRS: If Seller and Buyar have previously agreed
upon Seller's obligation to perform certain repairs to the Property prior to
closing, both parties affirm that all agreed upon repairs have been completed,
and Buyer accepts such repairs as being completed to Buyer's satisfaction.
Seller(s) Buyer(s) 11 a)
Initials: Initials:
REPAIRS SUBSEQUENT TO CLOSING: If Seller and Buyer have agreed
upon Seller's obligation for certain repairs or other work affecting the Property
to be performed after closing, both Buyer and Seller acknowledge their
understanding that Title Company shall have no duty or responsibility
concerning completion, quality of workmanship or materials, or payment for
such post-closing repairs or work to or on the Property.
Buyer(s) 12)
Initials:
HOMEOWNER'S ASSOCIATION: Buyer acknowledges notification that
ownership of the Property involves membership in a Homeowner's or Property
Owner's Association to which monthly or annual dues or assessments will be
owed that may be enforceable by a lien against the Property. Buyer
understands that the Association (or its managing agent) should be contacted
by Buyer directly to ascertain the exact amount of future dues or assessments.
Title Company disclaims any knowledge of, and has made no representations
with respect to, the Association's annual budget, pending repairs or deferred
maintenance, if any, or other debts of the Association. Buyer accepts sole
responsibility to obtain such information and verify its accuracy to Buyer's
satisfaction.
Buyer(s) 13)
Initials:
COMMON KEY NOTICE: Buyer acknowledges that the Property being
purchased has been and presently is accessible by means of a common or
master key used by the Seller for this and other properties. Buyer is advised to
have all locks on the Property immediately m-keyed, which will be at Buyer's
expense. Buyer hereby releases Seller and Title Company from liability for
any loss, damage, or injury that may result from future unauthorized entry by
means of the common or master key.
Seller(s) Buyer(s) 14)
Initials: Initials:
ARBITRATION:
A. VACANT LAND
You may require deletion of the arbitration provision of the Owner Title
Policy. If you do not initial this provision, either you or the Company may
require arbitration, if the law allows. There is no charge to delete this
provision.
B. SELLER FINANCE
You may require deletion of the arbitration provision of the Mortgagee Title
Policy. If you do not initial this provision, either you or the Company may
require arbitration, if the law allows. There is no charge to delete this
provision.
Seller(s) Buyer(s) 15)
Initials: Initials:
POWER OF ATTORNEY: This transaction involves the use ora Power of
Attorney. Authority has been granted to to
act as agent and attorney-in-fact for . The Title
Insurance Company must confm:n that said Power of Attorney is still valid.
(Ratified by)
Principal Contacted:
Date and Time Principal contacted:
Phone Number:
Seller(s) Buyer(s)
Initials: ~
16) CLOSING DISCLAIMER: Seller and Buyer each acknowledge
undemtanding that the above referenced transaction has not yet "closed". At
this time, any change in possession of the Property takes place AT BUYER'S
AND SELLER'S OWN RISK. THIS TRANSACTION HAS NOT
"CLOSED" UNTIL:
A) ALL TITLE REQUIREMENTS ARE COMPLETED TO THE
SATISFACTION OF TITLE COMPANY;
B) ALL NECESSARY DOCUMENTS ARE PROPERLY EXECUTED,
REVIEWED, AND ACCEPTED BY THE PARTIES TO THIS
TRANSACTION, INCLUDING THE LENDER IF ANY, AND BY TITLE
COMPANY;
C) ALL FUNDS ARE COLLECTED AND DELIVERED TO AND
ACCEPTED BY THE PARTIES TO WHOM THEY ARE DUE; AND
D) ALL NECESSARY DOCUMENTS ARE FILED OF RECORD IN THE
APPROPRIATE PUBLIC RECORDS.
Buyer and Seller also recognize that neither First American Title Insurance
Company nor its underwriter are under any obligation to defend possession of
the Property or to insure title of the Property, until such time as the above
stated requirements have been fulfilled.
Seller(s)
Initials:
17) NON-RESIDENT ALLEN: Seller is not a non-resident alien for purposes of
United States Income Taxation.
Buyer/Borrower(s)
18)
DISCLOSURE TO PURCHASER: Undersigned Buyer/Borrower
("Undersigned") acknowledges that First American Title Insurance Company
has NOT performed a search of the real property records with reference to
possible federal or state tax liens, abstract of judgements, or other involuntary
liens which may have been filed against the Undersigned. Undersigned
understands that such involuntary liens may need to be released prior to the
resale or mortgaging of this property. The owner policy of title insurance does
not protect the insured against involuntary liens filed against said insured.
Seller(s)
Initials:
Refinance Borrower(s)
I. nitials
19) AFFIDAVIT AS TO DEBTS & LIENS:
A) I am over the age of 18 years.
B) My marital status [] has [] has not changed (CHECK THE
APPROPRIATE RESPONSE) since the date that I acquired the above
described property.
C) I have also been known by the following names in addition to the name
listed above:
D) 1 state under oath that all bills for labor performed and material furnished
for improvements (if any) made by, or for me have been paid, and that at
present I do not owe any person or ftrm for such improvements; and there
are no liens including federal or state tax liens or judgment liens, of any
kind; and no proceedings have been commenced in any federal court or
state court to which I am a party, except:
$ to
$ to
$ to
E) To my knowledge them are no loans or unpaid debts for any personal
property or fixtures which are located on the subject property and that no
such items have been purchased on time-payment contract; and that there
are no security interests on such property secured by financing statements,
security agreements or otherwise, except:
$ to
$ to
$ to
F)
The amount due any lienholder was furnished by the lienholder and is
good only through an anticipated disbursement date. Should there be any
discrepancies First American Title Insurance Company is hereby
authorized to disburse any additional funds required by lienholder and
adjust the net amount due the Seller by a like amount. Seller is aware that
the lianholder has furnished a statement showing amounts due to payoff
existing lien(s). In the event lienholder makes a demand for a greater
amount than shown on payoff statement and closing statement, I agree to
reimburse First American Title Insurance Company for any funds
advanced in order to cure any discrepancies or demand.
G)
To my knowledge, Owner's possession of the property has been peaceable
and undisturbed and title to said property has never been disputed or
questioned, nor do I have any knowledge of adverse claims against any
portion of the property.
I have not signed any contracts of sale, deeds, deeds of trust, mortgages or
quitclaims affecting the property, except documents pertaining to the
guaranty file listed above.
I) I have no knowledge of any paving or mowing liens outstanding against
the property.
I understand that the Purchaser and/or Lender and Title Company in this
transaction are relying upon the representations contained herein in purchasing
the subject property, lending money thereon, and/or issuing title insurance
policies thereon, and would not do any of the above unless said representations
were made.
Seller(s):
JEFFREY W. NOE Date
Purchaser(s)/Borrower(s): ~
CITY OF
Date
JEANIE T. NOE Date
Date
Date
Sworn to and subscribed before me this~ day
MANAGER, CITY OF DENTON TEXAS,
Date
, ;~.7~ , by MICHAEL A. CONDUFF, CITY
= Not~rvPubli¢,$tateofTexas
11~ i.'~t~.~.$ My Comml;sJon Expires
No'fy Public, State 0fTEXAS
Printed Name: ~)g///F:"-
My Commission Expires:
STATE OF TEXAS
COUNTY OF DENTON
led ed before me thl~'~'~¥/?da
T1 s nstrument was acknow g ' '
MANAGER, CITY OF DENTON TEXAS.
~h.
, ~.~0~. by MICHAEL A. CONDUFF, CITY
Notary Public, State of TEX.~AS
Printed Name:
My Commission Expires:
Sworn to and subscribed before me this __ day of__, , by JEFFREY W. NOE and, JEANIE T. NOE.
Notary Public, State of TEXAS
Printed Name:
My Commission Expires:
STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me this
T. NOE.
day of _,
, by JEFFREY W. NOE and, JEANIE
Notary Public, State of TEXAS
Printed Name:
My Commission Expires:
Exhibit A
TRACT 1:
All that certain tract of land situated in the J. Cheek Snrvey Abstract Number 227 and the H. Williams Survey Abstract
Number 1417, Denton County, Texas and being a part of the called 92.701 acre tract described in the deed from Dennis E.
Ferrari et ux to Jeffrey W. Nde et ux recorded in Volume 2879, page 544 and part of the called ten acre tract described in the
deed from Dennis E. Ferrari et ux to Jeffrey
W. Nde et ux recorded in Volume 2875, page 991 of the Deed Records of Denton County, Texas; the subject tract being more
particularly described as follows:
BEGINNING for the southeast corner of the tract being described herein at the southeast corner of the said 92.701 acre tract
and the northeast corner of the called 283.734 acre tract described in a deed from Donald J. Carter et ux to Equestrian
Development Corporation of North Texas recorded under Clerk's File Number 00-R0085449 of the Deed Records from which
a fence corner post bears South 88 degrees 03 minutes 44 seconds a distance of 2 feet;
THENCE North 89 degrees 11 minutes 05 seconds West generally along a fence with the south line of the 92.701 acre tract and
the north line of the 283.734 acre tract a distance of 58.2 feet;
THENCE North 31 degrees 39 minutes 10 seconds East 50 feet northwest of and parallel with the northwest right-of-way line
of FM-428 a distance of 506.6 feet to the south line of the called 23.994 acre tract described in the deed from Gerald J.
Monheinitzky to lien F. King et ux recorded in Volume 4129, page 1478 of the said Real Property Records;
THENCE South 65 degrees 33 minutes 14 seconds East with the south line of the King tract and the north line of the ten acre
tract a distance of 50.4 feet to the northeast corner thereof and the southeast corner of the King tract;
THENCE South 31 degrees 39 minutes 10 seconds West with the northwest right-of-way of FM 428 and east line of the ten
acre tract passing the southeast corner thereof and continuing with the east line of the 92.701 acre tract a distance of 483.1 feet
to the Place of Beginning and enclosing 0.568 acres.
TRACT 2:
All that certain tract of land situated in the J. Cheek Survey Abstract Number 227 and the H. Williams Survey Abstract
Number 1417, Denton County, Texas and being a part of the called 92.701 acre tract described in the deed from Dennis E.
Ferrari et ux to Jeffrey W. Nde et ux rec6rded in Volume 2879, page 544 and port of the called ten acre tract described in the
deed from Dennis E. Ferrari et ux to Jeffrey
W. Nde et ux recorded in Volume 2875, page 991 of the Deed Records of Denton County, Texas; the subject tract being more
particularly described as follows:
BEGINNING for the southeast corner of the tract being described herein on the north line of the called 283.734 acre tract
described in the deed from Donald J. Carter et ux to Equestrian Development Corporation of North Texas recorded under
Clerk's File Number 00-R0085449 of the Real Property Records and thc south line of the said 92.701 acre tract and being
North 89 degrees 11 minutes 05 seconds West a distance of 58.2 feet from the southeast corner thereof and the northeast
corner of the 283.734 acre tract;
THENCE North 89 degrees 11 minutes 05 seconds West generally along a fence with the south line of the 92.701 acre tract and
the north line of the 283.734 acre tract a distance of 34.9 feet;
THENCE North 31 degrees 39 minutes 10 seconds East 80 feet northwest of and parallel with the northwest right-of-way line
of FM 428 a distance of 520.8 feet to the south line of the called 23.994 acre tract described in the deed from Gerald J.
Monheinitzky to Ben F. King et ux recorded in Volume 4129, page 1478 of the said Real Property Records and the north line
of the said ten acre tract;
THENCE South 65 degrees 33 minutes 14 seconds East with the south line of the King tract and the north line of the ten acre
tract a distance of 30.2 feet;
THENCE South 31 degrees 39 minutes 10 seconds West 50 feet northwest of and parallel with the northwest right-of-way of
FM 428 across the ten acre tract passing the south line thereof and continuing across the 92.701 acre tract a distance of 506.6
feet to the Place of Beginning and enclosing 0.354 acres.
NOTE: The Company is prohibited from insuring the area or quantity of the land described herein. Any statement in the
above legal description of the area or quantity of land is not a representation that such area or quantity is correct, but is made
only for informational and/or identification purposes and does not override Item 2 of Schedule B hereof.
SETTLEMENT STATEMENT
First American Title Ins. Co. of Texas
103 S. Stemmons, Suite 101
Sanger, TX 76266
(940) 458-4646
FINAL
1.~]FHA 2,~IFMHA
.E~VA 5. E~coNV. INS.
6. ESCROW FILE NUMBER:
08107513-020 NJR
3. OCONV. UNINS.
7. LOAN NUMBER:
M(3RT~A~F INSI IRAN(';F ~ASF NI IMRER'
C. NOTE: This form is furnished to give you a statement of actual settlement costs. Amoun ts paid to and by the se ttlement a gent are shown.
Items marked "(P.O.C.)' were paid outside the closing; they a~e shown here for informational purposes and are not included in the totals.
D. NAME OF BORROWER: CITY OF DENTON TEXAS
ADDRESS OF BORROWER: 215 E. MCKINNEY STREET
DENTON, TEXAS 76201
E. NAME OF SELLER: JEFFREY W. NOE and JEANIE T. NOE
ADDRESS OF SELLER: 7569 FM 428
DENTON, TEXAS 76208-2900
F. NAME OF LENDER:
ADDRESS OF LENDER:
G, PROPERTY LOCATION: 7569 FM 428
DENTON, TX 76208-2900
Denton County
PARCEL ¢/4 - TRACT IN J. CHEEK SURVEY, A 227 & H. WILLIAMS SURVEY, A 1417, DENTOI
H. SETTLEMENTAGENT: First American Title insurance Company
PLACE OF SETTLEMENT: 103 S. Stemmons, Suite 101, Sanger, TX 76266
I, SETTLEMENT DATE: 5/6/2002 PRORATION DATE: DISBURSEMENT DATE:
I K. SUMMARY OF SELLER'S TRANSACTION
J. UMMA Y OF BORROWER'S TRANSACTION
101. Contract Sales Price 40,675.00 401. Contract Sales Price 40,675.0(
102, Personal Property 402. Personal Property
103. SettIement charges to Borrower (line 1400) 866.26 403.
104. 404.
105. 405.
ADJUSTMENTS FOR ITEMS PAID BY SELLER IN ADVANCE: ADJUSTMENTS FOR ITEMS PAID BY SELLER IN ADVANCE:
106. City/Town Taxes 406. CitvFl'own Taxes
107. County Taxes 407. Countv Taxes
108. Assessments 408, Assessments
109. 409.
110. 410.
111. 411.
112. 412.
113. 413.
114. 414.
115. 415.
120. GROSS AMOUNT DUE FROM BORROWER: 41,541.26 420. GROSS AMOUNT DUE TO SELLER: 40,675.00
201 Deposit or earnest monev .501. Excess deposit (see lnstructions)
282 Principal amount of new Ioanfs) 502. Settlement charges to Seller (line 1400) 0,00
20.3. Existin~ loan(s) taken subiect to 663. Existing loan(s) taken subject to
204. 504. Payoff of first mortgage loan
2o5 60.S. Payoffofsecond mortgage loan
ADJUSTMENTS FOR ITEMS UNPAID BY SELLER:
21~ Citv/Town Taxes RlO.
211 Coant¥ Taxes
212 Assessments
213
214
ADJUSTMENTS FOR ITEMS UNPAID BY SELLER:
City/Town Taxes
County Taxes
514,
215 515.
216 616.
217 517
219 51g.
2_20. TOTAL PAID BY/FOR BORROWER:
.3(31 Gross amount due from Borrower I line
Less amount paid by/for Borrower ( line 220)
RO.3. CASH([~FROM) ( [] TO)BORROWER:
0.00 fi2n. TOTAL REDUCTIONS IN AMOUNT DUE SELLER:
41,541.26 601. Gross amount due to Seller (line 420)
0,00 602. Less reduction in amount due Seller (line 520)
41,541,26 6r]3. CASH([~FROM) ( [] TO)SELLER:
0.00
40,675.00
O,Ou
40,675.00
BASED ON PRICES ¢. %=
DIVISION OF COMMI8810N (LINE 700) A8 FOLLOWS:
701..~i to
PAID FROtVi
BORROWER'S
FUNDS AT
SETTLEMENT
PAID FROM
SELLER'S
FUNDS AT
SETTLEMENT
7Q2,. Commission paid al settlement
704.
AR1 Loan Origination Fee
~02 Loan Discount Fee
R04 Credit Repo~
g0~ Lenders Inspection Fee
R86 Modqa~e Insurance Aoplication Fee
887 Assumption Fee
901. interest From to ~ $/day % (days)
9~2. MoAQa~e Insurance Premium for Month(s) to
9R3. Hazard Insurance Premium for Years(s) to
1001, Hazard Insurance months ~ $ per month
1003. City Properly Taxes months ~ $ per month
1006. months ~ $ per month
1007, months ~ $ per month
1008, months ~ $ per month
1101 Settlement or closinQ fee
(includes above items numbers:
(inctudes above ~tems numbers:
SELLER'S AND/OR PURCHASER'S/BORROWER'S STATEMENT
I have carefully reviewed the HUD-1 Settlement Statement and to the best of my knowledge and belief, it is a true and accurate
statement of ail receipts and disbursements made on my account or by me in this transaction. I further certify that I have received a copy of
the HUD-1 Settlement Statement.
The Seller's and Purchaser's/Borrower's signatures hereon acknowledge their approval and signify their understanding that tax and insurance
prorations and reserves are based on figures for the preceding year or supplied by others or estimated for the current year, and in the event
of any change for the current year, all necessary adjustments will be made between PurchasedBorrower and Seller directly. Any deficit in
delinquent taxes or mortgage payoffs will be promptly reimbursed to the Settlement Agent by the Seller.
hereby authorize the Settlement Agent to make expenditures and disbursements as shown above and approve same for payment.
Purchaser(s)/Borrower(s)
NIICHAEL A. CONDUFF,~;I'I~ER
Date
Seller(s)
JEFFREY W. NOE Date
Date JEANIE T. NOE Date
Date Date
Date Date
Borrower(s) Forwarding Address: Seller(s) Forwarding Address:
The HUD-1 Settlement Statement which I have prepared is a true and accurate a~count of this transaction. I have caused or will cause
the funds to be disbursed in accordance with this statement.
Settlement Agent; Date:
WARNING: It is a crime to knowingly make false statements to the United States on this or any other similar form. Penalties upon conviction
can include a fine and imprisonment. For details, see: Title 18 U.S. Code Sections 1001 and 1010.
SELLER'S TAX INFORMATION
SELLER'S CERTIFICATION OF TAXPAYER IDENTIFICATION NUMBER (SUBSTITUTE W-9)
You are required by law fo provide the Settlement Agent with your correct taxpayer identification number. If you do not provide your
Settlement Agent with your correct taxpayer identification number, you may be subject to civil or criminal penalties imposed by law.
Under penalties of perjury, I codify that the number shown below ~his statement is my correct taxpayer identification number.
TIN; Signed:
JEFFREY W. NOE
TIN: Signed:
JEANIE T. NeE
TIN: Signed:
TIN: Signed:
PROCEEDS FROM REAL ESTATE TRANSACTION (substitute IRS Form 1099-S)
The information contained below and in Blocks E, G, H and I is important tax information end is being supplied to the Internal Revenue
Service. If you are required to file a return, a negligence penalty or other sanction may be imposed on you if this item is required to be
repealed and the IRS determines that it has not been reported. If this real estate was your principal residence, file Form 2119, Sale or
Exchange or Principat Residence, for any gain, with your income tax return; for other transactions, complete the applicable parts of Form
4797, Form 6562 and/or Schedule E (Form 1040).
GROSS PROCEEDS: $40,675.00
BOX 5 Buyer's part of real estate tax $
[] Check here it the Seller received or will receive property or services as part of the consideration.
PROCEEDS ALLOCATION FOR MULTIPLE SELLERS
When more than one seller is involved in the transfer of property, they may elect to allocate the Gross Proceeds between the named parties
for the purpose of reporting such amounts to the Internal Revenue Service. This DOES NOT apply to a husband-wife relationship or [o a
partnership. If the proceeds are allocated, the sum of the individual allocation must equal the total Gross Proceeds above. Submit a separate
sheet listing name, address, taxpayer identification number and allocation amount