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O.W. Knight Survey, Abstract No. 899 - ROWPage 1 of 6 D217281112 12161201710:30 AM PGS 6 Fee: $36.00 Submitter: XEROX COMMERCIAL SOLUTIONS Electronically Recorded by Tarrant County Clerk in Official Public Records -e� 1 � ", �� «,t, Mary Louise Garcia CITY OF SOUTHLAKE RIGHT-OF-WAY DEDICATION INSTRUMENT ALAW10 r ITLE COMPANY STATE OF TEXAS § 1V ATT)) - 3 - 11, DO ["j COUNTY OF TARRANT § For and in consideration of the sum of ten dollars ($10.00) in hand paid by the City of Southlake, Texas, the receipt of which is hereby acknowledged, and other good and valuable consideration, including the benefits that will accrue to my property, 1 (we), Zena Rucker, as Trustee of the Rucker Family Trust flWa the William W. and Zena Rucker Family Trust ('GRANTOR'(S)), of Tarrant County, Texas, as the owner of that certain tract of land in Southlake, Tarrant County, Texas depicted by metes and bounds description in Exhibit "A", attached hereto and incorporated herein for all purposes of this dedication, and as more particularly described by drawing as set forth in the "Exhibit B", attached hereto and incorporated herein for all purposes of this dedication, do hereby dedicate same to the City of Southlake, Tarrant County, Texas for the use and benefit of the public as a perpetual right-of-way and easement for the passage and accommodation of vehicular and pedestrian traffic, and the construction, operation, use, maintenance, inspection, repair, alteration, and replacement of a paved road within the boundaries of the right-of-way and easement area, and for all other purposes for which a public street and right-of-way is commonly used, including installing, repairing, maintaining, altering, replacing, relocating and operating utilities in, into, upon, over, across, and under said right-of-way, and including but not limited to all such uses permitted by the Laws of the State of Texas and the Ordinances and Charter of the City of Southlake, Texas. TO HAVE AND TO HOLD said right-of-way and easement unto the City of Southlake, its successors and assigns, and GRANTOR(S) hereby bind(s) itself (themselves), its (their) successors and assigns to warrant and forever defend, all and singular, said premises unto the City of Southlake, its successor: and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. GRANTOR covenants and agrees that GRANTOR and GRANTOR'S heirs, representatives, successors and assigns shall at no time erect, place or construct, or cause to be erected, placed or constructed in, into, upon, over, across or under any easements granted herein any temporary or permanent structures, and it is further agreed that the City of Southlake shall have the right to excavate and fill upon said permanent easement, any fences, buildings or other obstructions as may now be found upon said permanent easement. It is further intended that the permanent right of way and easement herein granted to the City of Southlake shall run with the land and forever be a right in and to the land belonging to GRANTOR, and GRANTOR"S successors and assigns, and said grant is expressly excepted from any right of reversion of said premises under any prior deeds in GRANTOR'S chain of title. The permanent right—of--way and easement rights and privileges granted therein are exclusive, and GRANTOR covenants that it will not convey any other easement or conflicting rights within the area covered by the grant to any other persRECEIVED RIGHTOFWAY DEDICATION Page 1 of DEC -, A tract of land containing 0,338 Acre, nbediah W. Knight Survey, Abstract No. 899 OFFICE OF CITY SECRETARY Page 2 of 6 IN WITNESS WHEREOF, this dedication instrument is executed this _J_ day of BY:---- GRANTOR BY: %—/"ksf[� .�f �4P �vc�P�—.-►-, GttANTOP, /L • 1 W, fIt^m J w�c.Q ZP•u �.vc�G�r �� � rcc7T ACKNOWLEDGEMENT THE STATE OF TEXAS, .r, COUNTY OF [uf BEFORE ME, the undersigned authority in and for -1A;—,,,A,r't,County, Texas, on this day personally appeared eru%._ sae f>r �'%—r' Ks P known to me or proved to me through (description of identity card or other document) to be the same person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this l day of 20 l %. NOTARY SEAL �yti- ° = MICHADL S NEWMAN My Notary 10 # 6069489 Expires December 28,20 2 0 4.W Notary,tate of Texas Notary's Name (Printed) 12 -- Z 20 Notary's Commission Expires RIGHT OF WAY DEDICATION Page 2 of 3 A tract of land containing 0.338 Acres Obediah W, Knight Survey, Abstract No. 899 Page 3 of 6 CERTIFICATE OF ACCEPTANCE This is to certify that the interest and real property conveyed by this dedication instrument the l sf day of t� tirh h t2 20� , from 7¢r�, v -c Kc� 2asJ- er to the CITY i OF SOUTHLAKE, has been duly accepted subject to all terms and conditions contained therein, and the City Council has consented to recordation of such dedication instrument by its duly authorized officer. /Z// 4,0 7 Date SEAL Mayor, CITY'OF SO THLAKE D *# RIGHT OF WAY DEDICATION A tract of land containing 0.338 Acres Obediah W. Knight Survcy, Abstract No. 899 ATTEST: & 4,—, City Secretary AFTER EXECUTION BY GRANTOR, PLEASE RETURN ORIGINAL. TO: CITY OF SOUTHLAKE C/o City Engineer 1400 Main Street, Suite 320 Southiake, TX 76092 Phone: 817-748-8098 Fax: 817-748-8077 AFTER RECORDING, PLEASE RETURN ORIGINAL TO: CITY OF SOUTHLAKE C/o City Secretary 1400 Main Street, Suite 270 Southlake, TX 76092 Phone; 817-748-8016 Page 3 of 3 Page 4 of 6 JPH Land Surveying, Inc. Dallas -Fort Worth * Austin * Abilene EXHIBIT- A — " METES AND BOUNDS DESCRIPTION SHEET ONE OF THREE FIELD NOTES to that certain tract situated in the Obediah W. Knight Survey, Abstract No. 899, in the City of' Southlake, Tarrant County, Texas and being a portion of the tract described in the deed to William W, Rucker and Zena Rucker, Trustees of the William W. Rucker and Zena Rucker Family Trust recorded under Instrument Number D205046160 Official Public Records of Tarrant County, Texas, said tract of land more particularly described as follows: BEGfNNING in the north line of said Rucker tract, from which a 5/8 inch capped rebar stamped "RPLS 4838" found for the northeast corner of said Rucker tract and the northwest corner of "Tract A" as described in Instrument Number D215081834 Official Public Records of Tarrant County, Texas bears NORTH 88 degrees 04 minutes 39 seconds EAST, a distance of 131.18 feet; THENCE SOUTH 02 degrees 21 minutes 54 seconds EAST, along the west line of a 60 -foot wide dedication tract shown as "Exhibit B- I" and Exhibit B-2" under Instrument Number D2 11300128 Official Public Records of Tarrant County, Texas, a distance of 60.00 feet; "THENCE SOUTH 88 degrees 04 minutes 39 seconds WEST, crossing said Rucker tract, a distance of 246.19 feet to the east line of "Tract 1 " as described in Instrument Number D215081837 Official Public Records of Tarrant County, Texas; Tl-IENCE NORTH 01 degrees 14 minutes 19 seconds WEST, along said easterly line of Tract 1, a distance of 60.00 feet to the north line of said Rucker tract at the northeast corner of said Tract I, from which a 1/2 inch rebar found for the northwest corner of said Rucker tract and the northwest corner said Tract I bears SOUTH 88 degrees 04 minutes 39 seconds WEST, a distance of 116.58 feet; THENCE NORTH 88 degrees 04 minutes 39 seconds EAST, along said north line line, a distance of'245.01 feet to the POINT OF BEGINNING and CONTAINING 14,736 square feet or 0.338 of an acre of land, more or less. �E OF T � � o P i Daus-Fort Worth Austin Abilene 807 Bluebonnet Drive, Suite C 1516 E. Palm Valley Blvd., Ste. A4 680 County Road 207 Keller, Texas 76248 Round Roek,'1'exas 78664 Ovalo, Texas 79541 (817)431-4971 (512)778-5688 (325)672-7420 Firm #10019500 Firm #10194073 Firm # 10 193867 W W W.J PHLANDSURVEY 1NG.COM Page 5 of 6 EXHIBIT " $ " SHEET TWO OF THREE S68°04'39"W 116.58' 3 r 50'1)R/VNAGE E U Q d M ; O O ' 0NS'r,7 D212,. 1NST.A Dy.ii I- m C ," O,I'T.� 1V�L) < C) z Z W Q F W v �¢¢z ZELDA PARNERS, LTD INST0 D212310146 O.PRTC T ' � S N88004'39"E 245.01' wk►a4 0.338 OF AN ACRE 1z 14,736 SQUARE FEET S88°04'39"W 246.19` TOWER ROAD REAL ESTATE, I.LC, A TEXAS LiNI(TED LIABILITY COMPANY INST N D2 1 5 243606 O P R,T.0 T N88°04'39"£ 131 18' TEMPORARY W CONS'tRUC( ION AND ACCESS Ln O EASEMENT o AGREMENF p INST 0 D2 1 1 3001 2 8 v' 0PR.TCT WILLIAM W RUCK ER AND ZENA BUCKER, TRUSTEES OF THE WILLIAM W RUCKER AND ZENA RUCKER FAMtLY TRUST INS1'.11 D2 0 5 046 1 60 O.PRTCT LECEND OF ABBREVIATIONS O PA T C T. Official Public Records of Tarrant County, Texas INST# Instrument Number POB Point of Beginning LEGEND OF ABBREVIATIONS CRS O 112" rebar stamped "JPH Land Surveying" set MNS 0 Mag nail & washer stamped "JPH Land Surveying" set O Monuments are found if not marked MINS or CRS Bearings are based on Grid North Central per "Texas Coordinate System of 1983, North Central Zone L 3N(I SU�J V 0 60' >a - Scale: 1 " = 60' 0- JPH Job No. 2017.048.003 Zena Rucker Rd, Southlake, TX - R O W Esmt.dwg 2017 JPH Land Surveying, Inc. - Alf Rights Reserved 807 Bluebonnet Drive, Suite C Keller, Texas 76248 Telephone (8 17) 431-4971 www.jphiandsurveying.com TBPLS Firm 910019500 #I 10194073 1110193867 �� OnF TcrL ROBERT W. BRYAN 1 P 5505 <y °°fse,orp� SUR`IF'� November 16, 2017 EXHIBIT SHOWING 141)736 S.F. SITUATED IN OBEDIAH W. KNIGHT SURVEY ABSTRACT NO. 899 CITY OF SOUTHLAKE TARRANT COUNTY, TEXAS Page 6 of 6 EXHIBIT 11 -IL" SHEET THREE OF THREE TITLE, COMMITMENT NOTES: 'Phis survey was performed with the benefit of a title Cammitment provided by Alamo Title Insurance, GF# ATD-172-6001721700029-MN, Commitment # 6001721700029, effective October 29, 2017; and issued November 13, 2017. Complete copies of the record description of the property, any record easements benefiting the property, the record easements or servitudes and covenants affecting the property ("Record Documents"), documents of record referred to in the Record Documents, and any other documents containing desired appropriate information affecting the property being surveyed and to which the survey shall make reference were not provided to this surveyor for notation on the survey except for those items listed within Schedule B of said commitment. Therefore, easements, agreements, or other documents, either recorded, or unrecorded may exist that affect the subject property that are not shown on this survey, �_aNd Sul i JPH Job No. 2017.048 003 7.ena Rucker Rd, South)ake, TX - R.O. W Fsmt.dwg ® 20) 7 JPH Land Surveying, Inc. - All Rights Reserved 807 Bluebonnet Drive, Suite C Keller, Texas 76248 Telephone (8 1 7) 431-4971 www.jphlandsurveying.con) fBPLS Firm #10019500 #10194073 410193867 DFW I Austin I Abilene November 16, 2017 EXHIBIT SHOWING 141736 S.F. SITUATED IN OBEDIAH W. KNIGHT SURVEY ABSTRACT NO. 899 CITY OF SOUTHLAKE TARRANT COUNTY, TEXAS v o N � E � -- '✓ 9 o 3 $ o 8`o = w E °J v u v 14 � 5 E m v o 3 t E a y 2 E Recording Intormation -mi 101 Volume 15744, Page 65, D R T CT X X log Volume 2047, Page 336, D R.T C T X X tOh Volume <480, Page 30, D R T.C.T X X 101 Volume ,636, Page 593, D.R, t' C.T. X X IOJ, Inst .# D212146074, 0 P.R.T C.T. X I U. Inst.# D211300129, OT R T.C.T. X l Ok. Inst.# D212151092, 0 PA T.0 T ; X �_aNd Sul i JPH Job No. 2017.048 003 7.ena Rucker Rd, South)ake, TX - R.O. W Fsmt.dwg ® 20) 7 JPH Land Surveying, Inc. - All Rights Reserved 807 Bluebonnet Drive, Suite C Keller, Texas 76248 Telephone (8 1 7) 431-4971 www.jphlandsurveying.con) fBPLS Firm #10019500 #10194073 410193867 DFW I Austin I Abilene November 16, 2017 EXHIBIT SHOWING 141736 S.F. SITUATED IN OBEDIAH W. KNIGHT SURVEY ABSTRACT NO. 899 CITY OF SOUTHLAKE TARRANT COUNTY, TEXAS Erxchange: Authorized Users Only Document Receipt Information Reference Number: ATD-172-60017217000296 - Right of Way Deed Page 1 of 1 Instrument Number: D217281112 No of Pages: 6 Recorded Date: 12/6/2017 10:30:36 AM County: Tarrant Volume: Page: Recording Fee: 1$36.00 https://www.erxchange.com/Ul/ViewReceipt.aspx?DocumentId=12346909 12/7/2017 Alamo Title Company. Alamo Title Company 9288 Huntington Square, Ste 200 North Richland Hills, TX 76182 Phone (817)656-8100 * Fax (817)656-0700 City of Southlake, a home rule municipal corporation 1400 Main Street, Suite 320 Southlake, TX 76092 Dear City of Southlake, a home rule municipal corporation: Date: December 26, 2017 GF#: ATD-172-6001721700029 Property Address: 841 E Southlake Blvd, .0338 acre tract of land located in the Obediah W. Knight Survey, Abstract No 899 Southlake, TX 76092 In connection with the transaction we recently completed for you, please find enclosed the following documents: Owner's Policy of Title Insurance It is your responsibility as purchasers to contact the taxing authorities to change the tax rolls so that this property is assessed in your name. We appreciate your business and we trust that this transaction was handled in a satisfactory manner. We look forward to serving you again in the future. Alamo Title Company OWNER'S POLICY COVER SHEET TXFNFESC_Letter(OwnerPolicyCoverSheet) (11-07) Policy OWNER'S POLICY OF TITLE INSURANCE (T-1) Issued By: Policy Number: Alamo Title Insurance 6001721700029-01 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, ALAMO TITLE INSURANCE, a Texas corporation (the "Company') insures, as of Date of Policy and, to the extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of: 1. Title being vested other than as stated in Schedule A. 2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from: (a) A defect in the Title caused by: (i) forgery, fraud, undue influence, duress, incompetency, incapacity or impersonation; (ii) failure of any person or Entity to have authorized a transfer or conveyance; (iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized or delivered; (iv) failure to perform those acts necessary to create a document by electronic means authorized by law; (v) a document executed under a falsified, expired or otherwise invalid power of attorney; (vi) a document not properly filed, recorded or indexed in the Public Records including failure to perform those acts by electronic means authorized by law; or (vii) a defective judicial or administrative proceeding. (b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid. (c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. The term "encroachment" includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land. (d) Any statutory or constitutional mechanic's, contractor's, or materialman's lien for labor or materials having its inception on or before Date of Policy. 3. Lack of good and indefeasible Title. 4. No right of access to and from the Land. 5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting or relating to: (a) the occupancy, use or enjoyment of the Land; (b) the character, dimensions or location of any improvement erected on the Land; (c) subdivision of land; or (d) environmental protection if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to the extent of the violation or enforcement referred to in that notice. 6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice. 7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records. FORM T-1: Owner's Policy of Title Insurance (01/03/14) TX----SPS-3339843-1-17-6001721700029 ALAMO TITLE INSURANCE (continued) POLICY NO.: 6001721700029-01 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 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. 61-11'Ale-14 Carol Hurst Alamo Title Insurance By: Attest: President Secretary FORM T-1: Owner's Policy of Title Insurance (01/03/14) TX---SPS-3339843-1-17-6001721700029 ALAMO TITLE INSURANCE POLICY NO.: 6001721700029-01 (continued) 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 that arise by reason of: 1. (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; (iii) subdivision of land; or (iv) 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 (01/03/14) TX----SPS-3339843-1-17-6001721700029 IMPORTANT NOTICE To obtain information or make a complaint: You may call Alamo Title Insurance's toll-free telephone number for information or to make a complaint at: 1-877-862-9111 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) 490-1007 Web: www.tdi.texas.gov E-mail: ConsumerProtection(a�tdi.texas.gov 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. AVISO IMPORTANTE Para obtener informacion o para presentar una queja: Usted puede Ilamar al numero de telefono gratuito de Alamo Title Insurance's para obtener informacion o para presentar una queja al: 1-877-862-9111 Usted puede comunicarse con el Departamento de Seguros de Texas para obtener informacion sobre companias, coberturas, derechos, o quejas al: 1-800-252-3439 Usted puede escribir al Departamento de Seguros de Texas a: P.O. Box 149104 Austin, TX 78714-9104 Fax: (512) 490-1007 Sitio web: www.tdi.texas. -go v E-mail: ConsumerProtection(a)tdi.texas.gov DISPUTAS POR PRIMAS DE SEGUROS O RECLAMACIONES: Si tiene una disputa relacionada con su prima de seguro o con una reclamacion, usted debe comunicarse con la compania primero. Si la disputa no es resuelta, usted puede comunicarse con el Departamento de Seguros de Texas. ADJUNTE ESTE AVISO A SU POLIZA: Este aviso es solamente para propositos informativos y no se convierte en parte o en condicion del documento adjunto. Texas Form B-0023-07 Important Notice (06/01/15) ALAMO TITLE INSURANCE POLICY NO.: 6001721700029-01 OWNER'S POLICY OF TITLE INSURANCE (T-1) SCHEDULE A Name and Address of Title Insurance Company: Alamo Title Insurance P.O. Box 45023 Jacksonville, FL 32232-5023 GF No.: ATD-172-6001721700029 Policy No.: 6001721700029-01 Address for Reference only: 841 E Southlake Blvd, .0338 acre tract of land located in the Obediah W. Knight Survey, Abstract No 899, Southlake, TX 76092 Amount of Insurance: $82,000.00 Premium: $748.00 Date of Policy: December 6, 2017 at 10:30 AM 1. Name of Insured: City of Southlake, Texas 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 Southlake, Texas 4. The land referred to in this policy is described as follows: FIELD NOTES to that certain tract situated i the Obediah W. Knight Survey, Abstract No. 899, in the City of Southlake, Tarrant County, Texas and being a portion of the tract described in the deed to William W. Rucker and Zena Rucker, Trustees of the William W. Rucker and Zena Rucker Family Trust recorded under Instrument Number D205046160 Official Public Records of Tarrant County, Texas, said tract of land more particularly described as follows: BEGINNING in the north line of said Rucker tract, from which a 5/8 inch capped rebar stamped "RPLS 4838" found for the northeast corner of said Rucker tract and the northwest corner of "Tract A" as described in Instrument Number D215081834 Official Public Records of Tarrant County, Texas bears NORTH 88 degrees 04 minutes 39 seconds EAST, a distance of 131.18 feet; THENCE SOUTH 02 degrees 21 minutes 54 seconds EAST, along the west line of a 60 -foot wide dedication tract shown as "Exhibit B-1" and Exhibit B-2" under Instrument Number D211300128 Official Public Records of Tarrant County, Texas, a distance of 60.00 feet; THENCE SOUTH 88 degrees 04 minutes 39 seconds WEST, crossing said Rucker tract, a distance of 246.19 feet to the east line of "Tract 1" as described in Instrument Number D215081837 Official Public Records of Tarrant County, Texas; THENCE NORTH 01 degrees 14 minutes 19 seconds WEST, along said easterly line of Tract 1 a distance of 60.00 feet to the north line of said Rucker tract at the northeast corner of said Tract 1, from which a 1/2 inch rebar found for the northwest corner of said Rucker tract and the northwest corner said Tract 1 bears South 88 degrees 04 minutes 39 seconds WEST, a distance of 116.58 feet; THENCE NORTH 88 degrees 04 minutes 39 seconds EAST, along said north line, a distance of 245.01 feet to the POINT OF BEGINNING and CONTAINING 14,736 square feet or 0.338 of an acre of land, more or less. FORM T-1: Owner's Policy of Title Insurance (01/03/14) TX---SPS-3339843-1-17-6001721700029 ALAMO TITLE INSURANCE SCHEDULE A (continued) Policy No.: 6001721700029-01 NOTE: COMPANY DOES NOT REPRESENT THAT THE ABOVE ACREAGE AND/OR SQUARE FOOTAGE CALCULATIONS ARE CORRECT. END OF SCHEDULE A FORM T-1: Owner's Policy of Title Insurance (01/03/14) TX---SPS-3339843-1-17-6001721700029 ALAMO TITLE INSURANCE SCHEDULE B EXCEPTIONS FROM COVERAGE Policy No.: 6001721700029-01 POLICY NO.: 6001721700029-01 GF No.: ATD-172-6001721700029 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: 1. Item 1, Schedule B is hereby deleted. 2. Shortages in area. 3. Homestead or community property or survivorship rights, if any, of any spouse of any Insured. 4. Any title 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 or navigable or perennial rivers and streams, lakes, bays, gulfs or oceans, or b. to lands beyond the line of the harbor or bulkhead lines as established or changed by any government, or C. to filled-in lands, or artificial islands, or d. to statutory water rights, including riparian rights, or e. to the area extending from the line of mean low tide to the line of vegetation, or the rights 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 2018, and subsequent years; and subsequent taxes and assessments by any taxing authority for prior years due to change in land usage or ownership, but not those taxes or assessments for prior years because of an exemption granted to a previous owner of the property under Section 11. 13, Texas Tax Code, or because of improvements not assessed for a previous tax year. 6. The following matters and all terms of the documents creating or offering evidence of the matters (The Company must insert matters or delete this exception): a. Rights of parties in possession. b. All leases, grants, exceptions or reservations of coal, lignite, oil, gas and other minerals, together with all rights, privileges, and immunities relating thereto, appearing in the Public Records whether listed in Schedule B or not. There may be leases, grants, exceptions or reservations of mineral interest that are not listed. C. Rights of tenants in possession, as tenants only, under unrecorded lease agreements. Easement(s) and rights incidental thereto, as granted in a document: Granted to: Richard S. Farrell and Jessica B. Farrell Purpose: As provided in said document Recording Date: June 13, 2002 Recording No: Volume 15744, Page 65, Real Property Records Tarrant County, Texas. Noted on Survey dated November 16, 2017, by JPH Land Surveying, Inc., prepared by Robert W. Bryan FORM T-1: Owner's Policy of Title Insurance (01103114) TX---SPS-3339843-1-17-6001721700029 ALAMO TITLE INSURANCE POLICY NO.: 6001721700029-01 SCHEDULE B EXCEPTIONS FROM COVERAGE (continued) Registered Professional Land Surveyor #5508, JPH Job No. 2017.048.003 Zena Rucker Rd. Southlake, TX - R.O.W. Esmt.dwg Easement(s) and rights incidental thereto, as granted in a document: Granted to: Texas Power & Light Company Purpose: As provided in said document Recording Date: November 22, 1948 Recording No: Volume 2047, Page 336, Real Property Records Tarrant County, Texas Noted on Survey dated November 16, 2017, by JPH Land Surveying, Inc., prepared by Robert W. Bryan Registered Professional Land Surveyor #5508, JPH Job No. 2017.048.003 Zena Rucker Rd. Southlake, TX - R.O.W. Esmt.dwg Easement(s) and rights incidental thereto, as granted in a document: Granted to: Texas Power & Light Company Purpose: As provided in said document Recording Date: October 1, 1952 Recording No: Volume 2480, Page 30, Real Property Records Tarrant County, Texas. Noted on Survey dated November 16, 2017, by JPH Land Surveying, Inc., prepared by Robert W. Bryan Registered Professional Land Surveyor #5508, JPH Job No. 2017.048.003 Zena Rucker Rd. Southlake, TX - R.O.W. Esmt.dwg g. Easement(s) and rights incidental thereto, as granted in a document: Granted to: Texas Electric Service Company Purpose: As provided in said document Recording Date: December 28, 1961 Recording No: Volume 3636, Page 593, Real Property Records Tarrant County, Texas. Noted on Survey dated November 16, 2017, by JPH Land Surveying, Inc., prepared by Robert W. Bryan Registered Professional Land Surveyor #5508, JPH Job No. 2017.048.003 Zena Rucker Rd. Southlake, TX - R.O.W. Esmt.dwg Easement(s) and rights incidental thereto, as granted in a document: Granted to: City of Southlake Purpose: As provided in said document Recording Date: June 19, 2012 Recording No: under Clerk's File No. D212146074, Real Property Records Tarrant County, Texas. Shown and Noted on Survey dated November 16, 2017, by JPH Land Surveying, Inc., prepared by Robert W. Bryan Registered Professional Land Surveyor #5508, JPH Job No. 2017.048.003 Zena Rucker Rd. Southlake, TX - R.O.W. Esmt.dwg Matters contained in that certain document Entitled: Dated: Executed by: Silverlake, LLC Temporary Construction and Access Easement Agreement October 27, 2011 and between The William W. and Zena Rucker Family Trust and Vision Southwest FORM T-1: Owner's Policy of Title Insurance (01/03/14) TX----SPS-3339843-1-17-6001721700029 ALAMO TITLE INSURANCE SCHEDULE B POLICY NO.: 6001721700029-01 EXCEPTIONS FROM COVERAGE (continued) Recording Date: December 13, 2011 Recording No: under Clerk's File No. D211300128, as amended under Clerk's File No. D212151092, Real Property Records Tarrant County, Texas Reference is hereby made to said document for full particulars. Shown and Noted on Survey dated November 16, 2017, by JPH Land Surveying, Inc., prepared by Robert W. Bryan Registered Professional Land Surveyor #5508, JPH Job No. 2017.048.003 Zena Rucker Rd. Southlake, TX - R.O.W. Esmt.dwg Lease for coal, lignite, oil, gas or other minerals, together with rights incident thereto, dated March 3, 2005, by and between The William W. and Zena Rucker Family Trust, as Lessor, and Devon Energy Production Company, L.P., as Lessee, as evidenced in a memorandum thereof, recorded May 2, 2005 at under Clerk's File No. D205122034 of the Official Records of Tarrant County, Texas. Reference to which instrument is here made for particulars. No further search of title has been made as to the interest(s) evidenced by this instrument, and the Company makes no representation as to the ownership or holder of such interest(s). k. Lease for coal, lignite, oil, gas or other minerals, together with rights incident thereto, dated October 19, 2007, by and between Zena Rucker, Trustee of the William W. and Zena Rucker Family Trust, as Lessor, and Chesapeake Exploration, LLC, an Oklahoma limited liability company, as Lessee, as evidenced in a memorandum thereof, recorded November 5, 2007 at under Clerk's File No. D207394222 of the Official Records of Tarrant County, Texas. Reference to which instrument is here made for particulars. No further search of title has been made as to the interest(s) evidenced by this instrument, and the Company makes no representation as to the ownership or holder of such interest(s). FORM T-1: Owner's Policy of Title Insurance (01/03/14) TX---SPS-3339843-1-17-6001721700029 ALAMO TITLE INSURANCE CONDITIONS POLICY NO.: 6001721700029-01 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 de- creased 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. (f) "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. Q) "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 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. Policy of Title Insurance (01/03/14) TX----SPS-3339843-1-17-6001721700029 ALAMO TITLE INSURANCE (continued) POLICY NO.: 6001721700029-01 (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, emails, 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: (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. FORM T-1: Owner's Policy of Title Insurance (01/03/14) TX----SPS-3339843-1-17-6001721700029 ALAMO TITLE INSURANCE 9. 14. 15 16. 17 POLICY NO.: 6001721700029-01 (continued) 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. 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. 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. 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. 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. (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. 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. 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. 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. 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. FORM T-1: Owner's Policy of Title Insurance (01/03/14) TX---SPS-3339843-1-17-6001721700029 ALAMO TITLE INSURANCE (continued) POLICY NO.: 6001721700029-01 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 National Claims Administration, P.O. Box 45023, Jacksonville, FL 32232-5023. Owner's Policy of Title Insurance (01/03/14) TX---SPS-3339843-1-17-6001721700029 6001721700029 Jacket Number 6001721700029-01 ENDORSEMENT - T-19.2 Issued By: Alamo Title Insurance Charge: $50.00 Date of Endorsement Amount of Insurance Tvoe Premium Code Rule December 6, 2017 1 $82,000.00 1 EN 1 $50.00 1 0801 1 R-29.1 MINERALS AND SURFACE DAMAGE Attached to Policy Number: 6001721700029-01 The Company insures the insured against loss which the insured shall sustain by reason of damage to improvements (excluding lawns, shrubbery, or trees) located on the Land on or after Date of Policy resulting from the future exercise of any right existing at Date of Policy to use the surface of the Land for the extraction or development of coal, lignite, oil, gas, or other minerals excepted or excluded on Schedule A, Item 2 or excepted in Schedule B. This endorsement does not insure against loss resulting from subsidence. 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 provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all the terms and provisions of the policy and of any prior endorsements. Dated: December 6, 2017 Countersigned By: Carol Hurst Minerals and Surface Damage Endorsement Texas Form T-19.2 (11/01/09) TX----SPS-3339843-1-17-6001721700029 Office File Number Policy Jacket Number Date of Endorsement Amount of Insurance Tye Premium Code Rule 1 2 3 4 5 6 9 6001721700029 6001721700029-01 December 6, 2017 $82,000.00 EN $74.80 10897_1 4R -99C ENDORSEMENT - T-19.1 Issued By: 0015% Alamo Title Insurance i" Charge: $74.80 RESTRICTIONS, ENCROACHMENTS, MINERALS - OWNER'S POLICY Attached to Policy Number: 6001721700029-01 1. The insurance provided by this endorsement is subject to the exclusions in Section 5 of this endorsement; and the Exclusions from Coverage, the Exceptions from Coverage contained in Schedule B, and the Conditions in the policy. 2. For the purposes of this endorsement only: a. "Covenant" means a covenant, condition, limitation or restriction in a document or instrument in effect at Date of Policy. b. "Improvement" means a building, structure, road, walkway, driveway, or curb, affixed to either the Land or adjoining land and that by law constitutes real property, but excluding any crops, landscaping, lawn, shrubbery, or trees. c. "Private Right" means (i) an option to purchase; (ii) a right of first refusal; or (iii) a right of prior approval of a future purchaser or occupant. 3. The Company insures against loss or damage sustained by the Insured by reason of: a. A violation on the Land at Date of Policy of an enforceable Covenant, unless an exception in Schedule B of the policy identifies the violation; b. Enforced removal of an Improvement located on the Land at Date of Policy as a result of a violation, at Date of Policy, of a building setback line shown on a plat of subdivision recorded or filed in the Public Records, unless an exception in Schedule B of the policy identifies the violation; c. A notice of a violation, recorded in the Public Records at Date of Policy, of an enforceable Covenant relating to environmental protection describing any part of the Land and referring to that Covenant, but only to the extent of the violation of the Covenant referred to in that notice, unless an exception in Schedule B of the policy identifies the notice of the violation; or d. Enforcement of a Private Right in a Covenant affecting the Title at Date of Policy based on a transfer of Title on or before Date of Policy that causes a loss of the Insured's Title. 4. The Company insures against loss or damage sustained by reason of: a. An encroachment of: i. an Improvement located on the Land, at Date of Policy, onto adjoining land or onto that portion of the Land subject to an easement; or ii. an Improvement located on adjoining land onto the Land at Date of Policy unless an exception in Schedule B of the policy identifies the encroachment otherwise insured against in Sections 4.a.i. or 4.a.ii.; or b. A final court order or judgment requiring the removal from any land adjoining the Land of an encroachment identified in Schedule B; or c. Damage to an Improvement located on the Land, at Date of Policy that is located on or encroaches onto that portion of the Land subject to an easement excepted in Schedule B, which damage results from the exercise of the right to maintain the easement for the purpose for which it was granted or reserved; or Restrictions, Encroachments, Minerals Endorsement Texas Farm T-19.1(01/03/14) TX---SPS-3339843-1-17-6001721700029 Attached to Policy No. 6001721700029-01 d. Damage to an Improvement located on the Land on or after Date of Policy, resulting from the future exercise of a right to use the surface of the Land for the extraction or development of minerals or any other subsurface substances excepted from the description of the Land or excepted in Schedule B. 5. This endorsement does not insure against loss or damage (and the Company will not pay costs, attorneys' fees, or expenses) resulting from: a. any Covenant contained in an instrument creating a lease; b. any Covenant relating to obligations of any type to perform maintenance, repair, or remediation on the Land; c. except as provided in Paragraph 3.c, any Covenant relating to environmental protection of any kind or nature, including hazardous or toxic matters, conditions, or substances; d. contamination, explosion, fire, fracturing, vibration, earthquake, or subsidence; or e. negligence by a person or an Entity exercising a right to extract or develop minerals or other subsurface substances. 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 provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements. Dated: December 6, 2017 Countersigned By: Carol Hurst Restrictions, Encroachments, Minerals Endorsement Texas Form T-19.1(01/03/14) TX---SPS-3339843-1-17-6001721700029