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B.J. Foster Survey, Abstract No. 519, 2012 - Deed Electronically Recorded Tarrant County Texas Official Public Records 1/29/2013 10:45 AM D213023234 Parcel # 235 c.�,i. PGS 4 $2 ti4 1938 (FM 1709 -114) Mary Louise Garcia Submitter: ACS CITY OF SOIJTHLLAKKE RTT GF # LENS DEED THE STATE OF TEXAS COUNTY OF TARRANT KNOW ALL MEN BY THESE PRESENTS: That Parvez Malik and Seema Malik of the County of Tarrant hereinafter referred to as Grantors, whether one or more, for and in consideration of the sum of Five Thousand Fifty Dollars and No /100 Dollars ($5,050.001 and other good and valuable consideration, to Grantors in hand paid by the City of Southlake, Texas, acting by and through it's governing body, receipt of which is hereby acknowledged, and for which no lien is retained, either expressed or implied, have this day Sold and by these presents do Grant, Bargain, Sell and Convey unto the City of Southlake, Texas all that certain tract or parcel of land in Tarrant County, Texas, more particularly described in Exhibit "A", save and except the property described in Exhibit "B ", which is attached hereto and incorporated herein for any and all purposes, and depicted in Exhibits "A" and `B" attached hereto and incorporated herein for all purposes of this dedication. SAVE AND EXCEPT, HOWEVER, it is expressly understood and agreed that Grantors are retaining title to the following improvements located on the property described in said Exhibit "A ". NONE Grantors covenant and agree to remove the above- described improvements from said land by the N /A, N /A, subject, however, to such extensions of time as may be granted by the City of Southlake in writing; and if for any reason, Grantors fail or refuse to remove same within said period of time prescribed, then, without any further consideration, the title to all or any part of such improvements not so removed shall pass to and vest in the City of Southlake forever. Grantors reserve all of the oil, gas and sulphur in and under the land herein conveyed, but waive all rights of ingress and egress to the surface thereof for the purpose of exploring, developing, mining or drilling for same; however, nothing in this reservation shall affect the title and rights of the City of Southlake to take and use all other minerals and materials thereon, therein and thereunder. TO HAVE AND TO HOLD the premises herein described and herein conveyed together with all and singular the rights and appurtenances thereto in any wise belonging unto the City of Southlake and its assigns forever; and Grantors do hereby bind ourselves, our heirs, executors, administrators, successors and assigns to Warrant and Forever Defend all and singular the said premises herein conveyed unto the City of Southlake and its assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof. IN WITNESS WHEREOF, this instrument is executed on this the 2. M day of 0 ` 2013. J al111 4411111 Parvez Malik Seerna Malik ACKNOWLEDGEMENT THE STATE OF TEXAS, COUNTY OF TARRANT 2°13 This instrument was acknowledged before me on this 2- day of ilAL .: j by _ Parvez Malik and Seema Malik for the purposes and consideration herein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this • day of 201/. NOTARY SEAL tAil .�� Public, S . to of Texas 40Po SARAH J. WARD . Notary Public State of Texas OF Comm. Expires 02/13/2016 After Recording Return to: RETURN TO: Jeanne M. Green Right -of -Way Supervisor 100 E. Weatherford St. Fort Worth, TX. 76196 -0601 Parcel 235A F.M. 1938 CSJ: 1978 - 01-052 November 7, 2012 - Exhibit A, Page 1 of 2 Being a 0.033 acre (1,419 square foot) tract of land situated in the B.J. Foster Survey, Abstract Number 519, Tarrant County, Texas, and being a portion of that certain tract of land to Parvez and Seema Malik, being a portion of Lot 1, Malik Estates Addition, as recorded in Cabinet A, Slide 5711, Plat Records, Tarrant County, Texas (P.R.T.C.T.), and being more particularly described by metes and bounds as follows; BEGINNING at a set 5/8 inch iron rod with Transystems cap on the Proposed Easterly Southlake Right -of -Way line, a 16 foot wide Right -of -Way, said point also being on the North line of said Malik Estates Addition, also being the South line of a Lot 5C, Block 1, Palomar Addition, as recorded in Cabinet A, Slide 12339, P.R.T.C.T., being South 89°09'37"West, a distance of 268.93 feet from a found 1/2 inch capped iron rod for the Northeast comer of said Lot 1, Malik Estates Addition and the South line of said Palomar Addition; (1) THENCE South 6 °08'56 "West, with the Proposed Easterly Southlake Right -of -Way line, a distance of 158.21 feet to a set 5/8 inch iron rod with Transystems cap on the Westerly line of said Lot 1 and the Easterly line of a 23 foot Right -of -Way Reservation as shown on said Malik Estates Addition Plat, (2) THENCE North 0 °24'40"West, along the Westerly line of said Lot 1 and the Easterly line of said 23 foot Right - of -Way Reservation, a distance of 140.06 feet to a set 5/8 inch iron rod with Transystems cap on the Existing Easterly Right of Way of F.M. 1938; (3) THENCE North 0 °24'40 "West, with the Existing Easterly Right of Way of F.M. 1938, a distance of 16.98 feet to a set 5/8 inch iron rod with Transystems cap at the Northeast corner of said 23 foot Right -of -Way Reservation, the Northwest corner of said Lot 1, Malik Estates Addition, and on the South line of said Lot 5C, Block 1, Palomar Addition; (4) THENCE North 89 °09'37 "East,with the North line of said Lot 1, Malik Estates Addition and the South line of said Lot 5C, Block 1, Palomar Addition, a distance of 18.07 feet to the POINT OF BEGINNING, containing 0.033 acre (1,419 square feet) of land, more or less. NOTE: Basis of bearing is the Texas State Plane Coordinate System, North Central Zone (4202), North American Datum 1983 (NAD 83)., with all distances and coordinates adjusted to surface by project surface factor of 1.00012825. NOTE: Plat to accompany this legal description. That 1, Timothy A. Frost, a Registered Professional Land Surveyor in Texas, hereby states that this survey was made from an actual on the ground survey made in July, 2010 under my supervision, that all monuments exist as shown hereon and this survey substantially conforms with the current professional and technical standards as set forth by the Texas Board of Professional Land Surveying. r _ j ' • Timothy A. rost • TrNIK#lt !1 Ftt{1ST , Registered Professional Land Surveyor t'' • .... fiis'° f Texas Registration Number 5316 Y i 1 1 .r P ACO1t AR ESTATES HOUE ASSOCI TION '• BL 1 LOT 5C. PA tAR ESTATES AC , CAB. A 1 , P.R.T.C.T. s 'N . or '.` 3� �" �. Yr'anr 7- : 4 ' ` B.J. FOSTER 1 q - }� PARVEZ WA O MA 1K SURVEY 4 ! .,c,,„ AR EA IN DEED OF TRUST � {9 S -; ;:� ABSTRACT NO. 5/9 • 1 /r/ / ) \ • e t PROPOSED ROW ./ 1 (1,1 I 1 SOUTHLAKE / 1 1 ` �� r CURVE CLOI 'T ' 1 / A f r , _ 5 : N DELTA- 6'14'44 1RT1 W I 11.1 W R 2.000.00 r . ! : pt p 1. LC. 217;91 ...1�� 1 0 ' d 11 L PARVEZ M ALIIC AND tSEE1MA•1MAt1K , CO + ' t i • LOT 1 '\ in f + r b S CAB A. SLIDE 571 y.... ° 1 i P.R.T.C.T. b -e (' se j em txl IN 5 89 19' 39V 286.83 ' . us . L . I I ( {we 'anr 1 40 • $ - ~J 0 .1 el I I 1 L •1 L11 -- 'a'`""I � . i RI 's j 1� ' I / N i 1 Ja Legal d.scrtdton to ocoonla rg INs curvy sketch. Saute -. Feet NOTEdleste d Doormat is N* Texas Slate Plane Caord1nate ' ( North Central lone tdffitt1. Venn Aelrfoan Datum en 0 831.. wan out dtstonces and aDdIm s edliNtsd to surface 0 100 R00 800 A• orohd surface fader of 1.0001. 1 I LEQEND r 0 • 5/8 Ivan Iran rod with plastic cap gasped •rrar aid set. •t L PK Not / set ar x•Cutset A ` 0 � QF T, IC i • • Akar forma es rated A 5. ' PARVEZ MAL I o.P.R.r.c.r. • prndalPtuOge Records. T rt County. Texas A • • Q � , i AND SEEMA MAL 1 K D.R.T.C.T. • Dead Records TorralCauNy. Texas TIMMY A, FIk{3T V P.R.T.C.T. • Plot Records. Torrent Cooly. Texas P.O.C. • Pon A1 Cosmendrp ' �' S 6 ' • r ., PARCEL 235A • It P.O.B. • Path Or Degtnntnp f < 9 � °> •2' c: 1 • P wry Line • xi H : F S ,Ji -. ..• t a 0.033 AC A di 0 III C • c nr rnee ... PAGE STATE GIST. COUNTY HIGHWAY NO. Paps 2 of 2 TEXAS FTW TARRANT F.41. 1938 JOB CONY. SECT. 1Yrsr pgnrlant C. S. J. eAr.apee ROW C. S. J. 1915 01 052 550 Bailey Avenue Suite 100 Fort Worth, Texas 76107 - (817) 877 -1481 Metro (972) 445 -5044 Fax (817) 654 -0008 REPUBLIC TITLE® February 4, 2013 Via Federal Express Mr. Gordon Mayer City of Southlake 1400 Main Street, Suite 320 Southlake, TX 76092 RE: Our File No. 1003 -35329 FW5 Property: Parcel 235A We are pleased to enclose the Original Owner's Policy of Title Insurance No. 1003 - 35329-RTT issued in connection with the above referenced transactions. Also included is the original recorded Deed. We appreciate the opportunity to be of service to you and hope you will remember us should you need assistance in any future transactions involving the City of Southlake. Very truly yours, REPUBLIC TITLE OF TEXAS, INC. Z3 aX4 6(94( Sarah Ward Commercial Escrow Assistant REPUBLIC TITLE OF TEXAS, INC. A SUBSIDIARY OF First American Title Insurance Company TITLE INSURANCE AGENT FOR: Alamo Title Insurance Company, Chicago Title Insurance Company, Commonwealth Land Title Insurance Company, Fidelity National Title Insurance Company, First American Title Insurance Company, Old Republic National Title Insurance Company, Stewart Title Guaranty Company and Title Resources Guaranty Company Owner's Policy of Title Insurance T -1 First Am Title ISSUED BY First American Title Insurance Company POLICY NUMBER Owner's Policy 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, FIRST AMERICAN TITLE INSURANCE COMPANY, a California 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. (Covered Risks Continued on Page 2 In Witness Whereof, First American Title Insurance Company has caused its corporate name to be hereunto affixed by its authorized officers as of Date of Policy shown in Schedule A. First American Title Insurance Company p� �� (LE !N s G��� • � .• p p P Oq� , .•�� �4 S • r . , c+ '0 Dennis J. Gilmore • — ° • o • President r SEPTEMBER 24, �••, d � •. 1968 ,; /� /��j_ y/ fAr- •• ' 4 . * /FOP Timothy Kemp Secretary This jacket was created electronically and constitutes an original document (This Policy is valid only when Schedules A and B are attached) Form 5019648 -A (2/1/10) Page 1 of 13 T -1 Owner's Policy of Title Insurance (Rev. 2 -1 -10) COVERED RISKS (Continued) 5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting or relating to: (a) the occupancy, use or enjoyment of the Land; (b) the character, dimensions or location of any improvement erected on the Land; (c) subdivision of land; or (d) environmental protection if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to the extent of the violation or enforcement referred to in that notice. 6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice. 7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records. 8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge. 9. Title being vested other than as stated in Schedule A or being defective: (a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency or similar creditors' rights laws; or (b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a 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. EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of and not disclosed in writing to the Company by the Insured this policy and the Company will not pay loss or damage, costs, Claimant prior to the date the Insured Claimant became an attorneys' fees or expenses that arise by reason of: Insured under this policy; 1. (a) Any law, ordinance, permit, or governmental regulation (c) resulting in no loss or damage to the Insured Claimant; (including those relating to building and zoning) restricting, (d) attaching or created subsequent to Date of Policy (however, regulating, prohibiting or relating to: this does not modify or limit the coverage provided under (i) the occupancy, use, or enjoyment of the Land; Covered Risk 9 and 10); or (ii) the character, dimensions or location of any (e) resulting in loss or damage that would not have been improvement erected on the Land; sustained if the Insured Claimant had paid value for the (iii) subdivision of land; or Title. (iv) environmental protection; 4. Any claim, by reason of the operation of federal bankruptcy, or the effect of any violation of these laws, ordinances or state insolvency, or similar creditors' rights laws, that the governmental regulations. This Exclusion 1(a) does not modify transaction vesting the Title as shown in Schedule A, is: or limit the coverage provided under Covered Risk 5. (a) a fraudulent conveyance or fraudulent transfer; or (b) Any governmental police power. This Exclusion 1(b) does (b) a preferential transfer for any reason not stated in Covered not modify or limit the coverage provided under Covered Risk 9 of this policy. Risk 6. 5. Any lien on the Title for real estate taxes or assessments 2. Rights of eminent domain. This Exclusion does not modify or imposed by governmental authority and created or attaching limit the coverage provided under Covered Risk 7 or 8. between Date of Policy and the date of recording of the deed or 3. Defects, liens, encumbrances, adverse claims or other matters: other instrument of transfer in the Public Records that vests (a) created, suffered, assumed or agreed to by the Insured Title as shown in Schedule A. Claimant; 6. The refusal of any person to purchase, lease or lend money on (b) not Known to the Company, not recorded in the Public the estate or interest covered hereby in the land described in Records at Date of Policy, but Known to the Insured Schedule A because of Unmarketable Title. Claimant Form 5019648 -A (2/1/10) Page 2 of 13 T -1 Owner's Policy of Title Insurance (Rev. 2 -1 -10) CONDITIONS 1. DEFINITION OF TERMS. (i) "Public Records ": records established under state statutes The following terms when used in this policy mean: at Date of Policy for the purpose of imparting constructive (a) "Amount of Insurance ": the amount stated in Schedule A, as notice of matters relating to real property to purchasers for may be increased or decreased by endorsement to this value and without Knowledge. With respect to Covered policy, increased by Section 8(b), or decreased by Sections Risk 5(d), "Public Records" shall also include environmental 10 and 11 of these Conditions. protection liens filed in the records of the clerk of the United (b) "Date of Policy ": The date designated as "Date of Policy" in States District Court for the district where the Land is Schedule A. located. (c) "Entity": A corporation, partnership, trust, limited liability (j) "Title ": the estate or interest described in Schedule A. company or other similar legal entity. (k) "Unmarketable Title ": Title affected by an alleged or (d) "Insured ": the Insured named in Schedule A. apparent matter that would permit a prospective purchaser (i) The term "Insured" also includes: or lessee of the Title or lender on the Title to be released (A) successors to the Title of the Insured by operation from the obligation to purchase, lease or lend if there is a of law as distinguished from purchase, including contractual condition requiring the delivery of marketable heirs, devisees, survivors, personal representatives title. or next of kin; 2. CONTINUATION OF INSURANCE. (B) successors to an Insured by dissolution, merger, The coverage of this policy shall continue in force as of Date of consolidation, distribution or reorganization; Policy in favor of an Insured, but only so long as the Insured (C) successors to an Insured by its conversion to retains an estate or interest in the Land, or holds an obligation another kind of Entity; secured by a purchase money Mortgage given by a purchaser (D) a grantee of an Insured under a deed delivered from the Insured, or only so long as the Insured shall have without payment of actual valuable consideration liability by reason of warranties in any transfer or conveyance of conveying the Title; the Title. This policy shall not continue in force in favor of any (1) If the stock, shares, memberships, or other purchaser from the Insured of either (i) an estate or interest in equity interests of the grantee are wholly- the Land, or (ii) an obligation secured by a purchase money owned by the named Insured, Mortgage given to the Insured. (2) If the grantee wholly owns the named 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT. Insured, The Insured shall notify the Company promptly in writing (i) in (3) If the grantee is wholly -owned by an case of any litigation as set forth in Section 5(a) below, or (ii) in affiliated Entity of the named Insured, case Knowledge shall come to an Insured hereunder of any provided the affiliated Entity and the named claim of title or interest that is adverse to the Title, as insured, Insured are both wholly -owned by the same and that might cause loss or damage for which the Company person or Entity, or may be liable by virtue of this policy. If the Company is (4) If the grantee is a trustee or beneficiary of a prejudiced by the failure of the Insured Claimant to provide trust created by a written instrument prompt notice, the Company's liability to the Insured Claimant established by the Insured named in under the policy shall be reduced to the extent of the prejudice. Schedule A for estate planning purposes. (ii) With regard to (A), (B), (C) and (D) reserving, however, When, after the Date of the Policy, the Insured notifies the all rights and defenses as to any successor that the Company as required herein of a lien, encumbrance, adverse Company would have had against any predecessor claim or other defect in Title insured by this policy that is not Insured. excluded or excepted from the coverage of this policy, the (e) "Insured Claimant ": an Insured claiming loss or damage. Company shall promptly investigate the charge to determine (f) "Knowledge" or "Known": actual knowledge, not whether the lien, encumbrance, adverse claim or defect or constructive knowledge or notice that may be imputed to an other matter is valid and not barred by law or statute. The Insured by reason of the Public Records or any other Company shall notify the Insured in writing, within a reasonable records that impart constructive notice of matters affecting time, of its determination as to the validity or invalidity of the the Title. Insured's claim or charge under the policy. If the Company (g) "Land ": the land described in Schedule A, and affixed concludes that the lien, encumbrance, adverse claim or defect improvements that by law constitute real property. The term is not covered by this policy, or was otherwise addressed in the "Land" does not include any property beyond the lines of the closing of the transaction in connection with which this policy area described in Schedule A, nor any right, title, interest, was issued, the Company shall specifically advise the Insured estate or easement in abutting streets, roads, avenues, of the reasons for its determination. If the Company concludes alleys, lanes, ways or waterways, but this does not modify that the lien, encumbrance, adverse claim or defect is valid, the or limit the extent that a right of access to and from the Land Company shall take one of the following actions: (i) institute the is insured by this policy. necessary proceedings to clear the lien, encumbrance, adverse (h) "Mortgage ": mortgage, deed of trust, trust deed, or other claim or defect from the Title as insured; (ii) indemnify the security instrument, including one evidenced by electronic Insured as provided in this policy; (iii) upon payment of means authorized by law. appropriate premium and charges therefor, 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 Form 5019648 -A (2/1/10) Page 3 of 13 T -1 Owner's Policy of Title Insurance (Rev. 2 -1 -10) CONDITIONS (Continued) title insurance without exception for the lien, encumbrance, aid (i) in securing evidence, obtaining witnesses, adverse claim or defect, said policy to be in an amount equal to prosecuting or defending the action or proceeding, or the current value of the Land or, if a mortgagee policy, the effecting settlement, and (ii) in any other lawful act that in amount of the loan; (iv) indemnify another title insurance the opinion of the Company may be necessary or desirable company in connection with its issuance of a policy(ies) of title to establish the Title or any other matter as insured. If the insurance without exception for the lien, encumbrance, adverse Company is prejudiced by the failure of the Insured to claim or defect; (v) secure a release or other document furnish the required cooperation, the Company's obligations discharging the lien, encumbrance, adverse claim or defect; or to the Insured under the policy shall terminate, including (vi) undertake a combination of (i) through (v) herein. any liability or obligation to defend, prosecute, or continue 4. PROOF OF LOSS. any litigation, with regard to the matter or matters requiring In the event the Company is unable to determine the amount of such cooperation. loss or damage, the Company may, at its option, require as a (b) The Company may reasonably require the Insured condition of payment that the Insured Claimant furnish a signed Claimant to submit to examination under oath by any proof of loss. The proof of loss must describe the defect, lien, authorized representative of the Company and to produce encumbrance or other matter insured against by this policy that for examination, inspection and copying, at such constitutes the basis of loss or damage and shall state, to the reasonable times and places as may be designated by the extent possible, the basis of calculating the amount of the loss authorized representative of the Company, all records, in or damage. whatever medium maintained, including books, ledgers, 5. DEFENSE AND PROSECUTION OF ACTIONS. checks, memoranda, correspondence, reports, e- mails, (a) Upon written request by the Insured, and subject to the disks, tapes, and videos whether bearing a date before or options contained in Sections 3 and 7 of these Conditions, after Date of Policy, that reasonably pertain to the loss or the Company, at its own cost and without unreasonable damage. Further, if requested by any authorized delay, shall provide for the defense of an Insured in litigation representative of the Company, the Insured Claimant shall in which any third party asserts a claim covered by this grant its permission, in writing, for any authorized policy adverse to the Insured. This obligation is limited to representative of the Company to examine, inspect and only those stated causes of action alleging matters insured copy all of these records in the custody or control of a third against by this policy. The Company shall have the right to party that reasonably pertain to the loss or damage. All select counsel of its choice (subject to the right of the information designated as confidential by the Insured Insured to object for reasonable cause) to represent the Claimant provided to the Company pursuant to this Section Insured as to those stated causes of action. It shall not be shall not be disclosed to others unless, in the reasonable liable for and will not pay the fees of any other counsel. The judgment of the Company, it is necessary in the Company will not pay any fees, costs or expenses incurred administration of the claim. Failure of the Insured Claimant by the Insured in the defense of those causes of action that to submit for examination under oath, produce any allege matters not insured against by this policy. reasonably requested information or grant permission to (b) The Company shall have the right, in addition to the options secure reasonably necessary information from third parties contained in Sections 3 and 7, at its own cost, to institute as required in this subsection, unless prohibited by law or and prosecute any action or proceeding or to do any other governmental regulation, shall terminate any liability of the act that in its opinion may be necessary or desirable to Company under this policy as to that claim. establish the Title, as insured, or to prevent or reduce loss 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; or damage to the Insured. The Company may take any TERMINATION OF LIABILITY. appropriate action under the terms of this policy, whether or In case of a claim under this policy, the Company shall have the not it shall be liable to the Insured. The exercise of these following additional options: rights shall not be an admission of liability or waiver of any (a) To Pay or Tender Payment of the Amount of Insurance. provision of this policy. If the Company exercises its rights To pay or tender payment of the Amount of Insurance under this subsection, it must do so diligently. under this policy together with any costs, attorneys' fees (c) Whenever the Company brings an action or asserts a and expenses incurred by the Insured Claimant that were defense as required or permitted by this policy, the authorized by the Company up to the time of payment or Company may pursue the litigation to a final determination tender of payment and that the Company is obligated to by a court of competent jurisdiction and it expressly pay. reserves the right, in its sole discretion, to appeal from any Upon the exercise by the Company of this option, all liability adverse judgment or order. and obligations of the Company to the Insured under this 6. DUTY OF INSURED CLAIMANT TO COOPERATE. policy, other than to make the payment required in this (a) In all cases where this policy permits or requires the subsection, shall terminate, including any liability or Company to prosecute or provide for the defense of any obligation to defend, prosecute, or continue any litigation. action or proceeding and any appeals, the Insured shall (b) To Pay or Otherwise Settle With Parties Other than the secure to the Company the right to so prosecute or provide Inured or With the Insured Claimant. defense in the action or proceeding, including the right to (i) To pay or otherwise settle with other parties for or in the use, at its option, the name of the Insured for this purpose. name of an Insured Claimant any claim insured against Whenever requested by the Company, the Insured, at the under this policy. In addition, the Company will pay any Company's expense, shall give the Company all reasonable 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 Form 5019648 -A (2/1/10) Page 4 of 13 T -1 Owner's Policy of Title Insurance (Rev. 2 -1 -10) CONDITIONS (Continued) obligated to pay; or 11. LIABILITY NONCUMULATIVE. (ii) to pay or otherwise settle with the Insured Claimant the The Amount of Insurance shall be reduced by any amount the loss or damage provided for under this policy, together Company pays under any policy insuring a Mortgage to which with any costs, attorneys' fees and expenses incurred exception is taken in Schedule B or to which the Insured has by the Insured Claimant that were authorized by the agreed, assumed, or taken subject or which is executed by an Company up to the time of payment and that the Insured after Date of Policy and which is a charge or lien on the Company is obligated to pay. Upon the exercise by the Title, and the amount so paid shall be deemed a payment to the Company of either of the options provided for in Insured under this policy. subsections (b)(i) or (ii), the Company's obligations to 12. PAYMENT OF LOSS. the Insured under this policy for the claimed Toss or When liability and the extent of loss or damage have been damage, other than the payments required to be made, definitely fixed in accordance with these Conditions, the shall terminate, including any liability or obligation to payment shall be made within 30 days. defend, prosecute or continue any litigation. 13. RIGHTS OF RECOVERY UPON PAYMENT OR 8. DETERMINATION AND EXTENT OF LIABILITY. SETTLEMENT. This policy is a contract of indemnity against actual monetary (a) Whenever the Company shall have settled and paid a claim loss or damage sustained or incurred by the Insured Claimant under this policy, it shall be subrogated and entitled to the who has suffered loss or damage by reason of matters insured rights of the Insured Claimant in the Title and all other rights against by this policy. and remedies in respect to the claim that the Insured (a) The extent of liability of the Company for Toss or damage Claimant has against any person or property, to the extent under this policy shall not exceed the lesser of: of the amount of any loss, costs, attorneys' fees and (i) the Amount of Insurance; or expenses paid by the Company. If requested by the (ii) the difference between the value of the Title as insured Company, the Insured Claimant shall execute documents to and the value of the Title subject to the risk insured evidence the transfer to the Company of these rights and against by this policy. remedies. The Insured Claimant shall permit the Company (b) If the Company pursues its rights under Section 3 or 5 and to sue, compromise or settle in the name of the Insured is unsuccessful in establishing the Title, as insured, Claimant and to use the name of the Insured Claimant in (i) the Amount of Insurance shall be increased by 10 %, any transaction or litigation involving these rights and and remedies. (ii) the Insured Claimant shall have the right to have the If a payment on account of a claim does not fully cover the loss or damage determined either as of the date the loss of the Insured Claimant, the Company shall defer the claim was made by the Insured Claimant or as of the exercise of its right to recover until after the Insured date it is settled and paid. Claimant shall have recovered its loss. (c) In addition to the extent of liability under (a) and (b), the (b) The Company's right of subrogation includes the rights of Company will also pay those costs, attomeys' fees and the Insured to indemnities, guaranties, other policies of expenses incurred in accordance with Sections 5 and 7 of insurance or bonds, notwithstanding any terms or these Conditions. conditions contained in those instruments that address 9. LIMITATION OF LIABILITY. subrogation rights. (a) If the Company establishes the Title, or removes the alleged 14. ARBITRATION. defect, lien or encumbrance, or cures the lack of a right of Either the Company or the Insured may demand that the claim or access to or from the Land, all as insured, or takes action in controversy shall be submitted to arbitration pursuant to the Title accordance with Section 3 or 7, in a reasonably diligent Insurance Arbitration Rules of the American Land Title manner by any method, including litigation and the Association ( "Rules "). Except as provided in the Rules, there shall completion of any appeals, it shall have fully performed its be no joinder or consolidation with claims or controversies of obligations with respect to that matter and shall not be liable other persons. Arbitrable matters may include, but are not limited for any loss or damage caused to the Insured. to, any controversy or claim between the Company and the (b) In the event of any litigation, including litigation by the Insured arising out of or relating to this policy, any service in Company or with the Company's consent, the Company connection with its issuance or the breach of a policy provision, or shall have no liability for loss or damage until there has to any other controversy or claim arising out of the transaction been a final determination by a court of competent giving rise to this policy. All arbitrable matters when the Amount jurisdiction, and disposition of all appeals, adverse to the of Insurance is $2,000,000 or less shall be arbitrated at the option Title, as insured. of either the Company or the Insured, unless the Insured is an (c) The Company shall not be liable for loss or damage to the individual person (as distinguished from an Entity). All arbitrable Insured for liability voluntarily assumed by the Insured in matters when the Amount of Insurance is in excess of $2,000,000 settling any claim or suit without the prior written consent of shall be arbitrated only when agreed to by both the Company and the Company. the Insured. Arbitration pursuant to this policy and under the 10. REDUCTION OF INSURANCE; REDUCTION OR Rules shall be binding upon the parties. Judgment upon the TERMINATION OF LIABILITY. award rendered by the Arbitrator(s) may be entered in any court All payments under this policy, except payments made for costs, of competent jurisdiction. attorneys' fees and expenses, shall reduce the Amount of Insurance by the amount of the payment. Form 5019648 -A (2/1/10) Page 5 of 13 T -1 Owner's Policy of Title Insurance (Rev. 2 -1 -10) CONDITIONS (Continued) 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE 16. SEVERABILITY. CONTRACT. In the event any provision of this policy, in whole or in part, is (a) This policy together with all endorsements, if any, attached held invalid or unenforceable under applicable law, the policy to it by the Company is the entire policy and contract shall be deemed not to include that provision or such part held between the Insured and the Company. In interpreting any to be invalid and all other provisions shall remain in full force provision of this policy, this policy shall be construed as a and effect. whole. 17. CHOICE OF LAW; FORUM. (b) Any claim of loss or damage that arises out of the status of (a) Choice of Law: The Insured acknowledges the Company the Title or by any action asserting such claim, shall be has underwritten the risks covered by this policy and restricted to this policy. determined the premium charged therefor in reliance upon (c) Any amendment of or endorsement to this policy must be in the law affecting interests in real property and applicable to writing and authenticated by an authorized person, or the interpretation, rights, remedies or enforcement of expressly incorporated by Schedule A of this policy. policies of title insurance of the jurisdiction where the Land (d) Each endorsement to this policy issued at any time is made is located. a part of this policy and is subject to all of its terms and Therefore, the court or an arbitrator shall apply the law of provisions. Except as the endorsement expressly states, it the jurisdiction where the Land is located to determine the does not (i) modify any of the terms and provisions of the validity of claims against the Title that are adverse to the policy, (ii) modify any prior endorsement, (iii) extend the Insured, and in interpreting and enforcing the terms of this Date of Policy or (iv) increase the Amount of Insurance. policy. In neither case shall the court or arbitrator apply its Each Commitment, endorsement or other form, or provision conflicts of laws principles to determine the applicable law. in the Schedules to this policy that refers to a term defined (b) Choice of Forum: Any litigation or other proceeding brought in Section 1 of the Conditions shall be deemed to refer to by the Insured against the Company must be filed only in a the term regardless of whether the term is capitalized in the state or federal court within the United States of America or Commitment, endorsement or other form, or Schedule. its territories having appropriate jurisdiction. Each Commitment, endorsement or other form, or provision 18. NOTICES, WHERE SENT. in the Schedules that refers to the Conditions and Any notice of claim and any other notice or statement in writing Stipulations shall be deemed to refer to the Conditions of required to be given to the Company under this Policy must be this policy. given to the Company at First American Title Insurance Company, Attn: Claims National Intake Center, 1 First American Way, Santa Ana, California 92707. Phone: 888- 632 -1642. � AMER, S C 1 :jam, s " �`; \-- First American Title Form 5019648 -A (2/1/10) Page 6 of 13 T -1 Owner's Policy of Title Insurance (Rev. 2 -1 -10) ,. '} °{. Owner Policy of Title Insurance (T -1) *''''"'''-1, * First American ISSUED BY First American Title Insurance Company Schedule A POLICY NUMBER Name and Address of Title Insurance Company: First American Title Insurance Company, 1500 South Dairy Ashford, Suite 300, Houston, TX 77077. File No.: Date of Policy: 01/29/2013 at 10:45AM Address for Reference only: F.M. 1938 Parcel 235A, Southlake, TX Amount of Insurance: $5,050.00 Premium: $229.00 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: See Exhibit A attached hereto and made a part hereof By its issuing agent, Republic Title of Texas, Inc. _ ______ (------■,, * ry -- __ `_ y R EPUBLIC � . 550 Bailey Avenue, Suite 100 Authorized Signatory Fort Worth, TX 76107 (817)877 -1481 (817)654 -0008 Form 5019648 -A (2/1/10) Page 7 of 13 T -1 Owner's Policy of Title Insurance (Rev. 2 -1 -10) Parcel 235A F.M. 1938 CSJ: 1978 -01 -052 November 7, 2012 - Exhibit A, Page 1 of 2 Being a 0.033 acre (1,419 square foot) tract of land situated in the B.J. Foster Survey, Abstract Number 519, Tarrant County, Texas, and being a portion of that certain tract of land to Parvez and Seema Malik, being a portion of Lot 1, Malik Estates Addition, as recorded in Cabinet A, Slide 5711, Plat Records, Tarrant County, Texas (P.R.T.C,T.), and being more particularly described by metes and bounds as follows; BEGINNING at a set 5/8 inch iron rod with Transystems cap on the Proposed Easterly Southlake Right -of -Way line, a 16 foot wide Right-of-Way, said point also being on the North line of said Malik Estates Addition, also being the South line of a Lot 5C, Block 1, Palomar Addition, as recorded in Cabinet A, Slide 12339, P.R.T.C.T., being South 89°09'37"West, a distance of 268.93 feet from a found 1/2 inch capped iron rod for the Northeast corner of said Lot 1, Malik Estates Addition and the South line of said Palomar Addition; (1) THENCE South 6 °08'56"West, with the Proposed Easterly Southlake Right -of -Way line, a distance of 158.21 feet to a set 5/8 inch iron rod with Transystems cap on the Westerly line of said Lot 1 and the Easterly line of a 23 foot Right -of -Way Reservation as shown on said Mal k Estates Addition Plat, (2) THENCE North 0 °24'40 "West, along the Westerly line of said Lot 1 and the Easterly line of said 23 foot Right - of -Way Reservation, a distance of 140.06 feet to a set 5/8 inch iron rod with Transystems cap on the Existing Easterly Right of Way of F.M. 1938; (3) THENCE North 0 ° 24'40"West, with the Existing Easterly Right of Way of F.M. 1938, a distance of 16.98 feet to a set 5/8 inch iron rod with Transystems cap at the Northeast corner of said 23 foot Right -of -Way Reservation, the Northwest corner of said Lot 1, Malik Estates Addition, and on the South line of said Lot 5C, Block 1, Palomar Addition; (4) THENCE North 89 °09'37"East,with the North line of said Lot 1, Malik Estates Addition and the South line of said Lot 5C, Block 1, Palomar Addition, a distance of 18.07 feet to the POINT OF BEGINNING, containing 0.033 acre (1,419 square feet) of land, more or less. NOTE: Basis of bearing is the Texas State Plane Coordinate System, North Central Zone (4202), North American Datum 1983 (NAD 83)., with alI distances and coordinates adjusted to surface by project surface factor of 1.00012825. NOTE: Plat to accompany this legal description. That 1, Timothy A. Frost, a Registered Professional Land Surveyor in Texas, hereby states that this survey was made from an actual on the ground survey made in July, 2010 under my supervision, that all monuments exist as shown hereon and this survey substantially conforms with the current professional and technical standards as set forth by the Texas Board of Professional Land Surveying. •4 4 � * c ottlirt Timothy A. rost Y441* V Registered Professional Land Surveyor ,�; Texas Registration Number 5316 ! < 4,, 9 ■ I I p I .�-- PACAU,4R £STATES 1f0YEQVNER ASSOCIA77dN B LOCK I. GOT 5C. PA L&JAA ESTATES AO OVTIDN • I, C � 3� .... AB. a 12339. P.R T.C.T. a 0' �6�09' ..412:1.R � �s• . g ' 11:0144 wa< mr '` P•OR B.J. FOSTER + -� PARVEZ f A!I 235A SEEM WIC SURVEY AREA 3D TRUST _ ` ABSTRACT NO. 5/9 � . r 0.03033 ACHE'S - �--•! .- 1.419 S0. FT. „.----", ' 1-- I 4 Ct. ' :2, I - 7,, / .'■, \ ' r i / i t I • PROPOSED Row . I i Ili 1 f scum / \ v1 CURVE CLOT j / • 1 � r ^7 ' q DELTA* f 14'4r IRTl • m t 4 1.• _ 218.01 k► % \ ' - • j \ fi CB* N 3'O1 33' E M 1 81 0 .:j It Z PARVEZ M�UKN EEEM41iACtK LG+&1.91 t CA I MAUK ESTATES ADDITION 11 4 CA8. A. SLIDE 571 1 b I 1 1 I .4 ` . r— r sarrx mfr 5 89 39'N 8�.9J' _ 1 s : ,'! • . ~1 I r • 4 I * . I I [ 1 rii.4„. 1 Legal detergt an 10 oaxxgoorer ills survey sketch. NOTEaBa Ia d bark* 1s eht Tares Stele Plana Ltordlm►e $user, /►arm OseroiZane Anemia Scot �` Fee/ Northaerrkear D a 1993 INAO 831.. tete ol I elsionces end =rend es DOOM b surface 0 100 200 800 k oropd surface fader d 1.0. I I LEUEND o 5/ Inch l or X ell lron rod with vlasvlc stamped TTror�Warxr� eel. r f OF j' ~ • • • Nor�pr found lea rater j c �� �� ' PA R VEZ MALI K o.P.R. r.c. r. • Cello &Pubtk Records. Torture Cow*. Teats .e• � • ;; A ND SEEMA MAL I K D.R.r.C.r. • Deed Records. TerrorrCanry. Teats , .j A. f S T E P.R.T.C.T. •PMfReoerds. TarmeCcurry. Texas P.O.C. • Petit Of Coleirendep '•-%s1,• PARCEL 235,4 • P,O.B.. Pal Bep►I»UrQ t . ` I , t 4 it Prwrirry Una g . : � Ms 0. 033 ACRE 4111111-'t , .�....- t • CYVr #ere r . -.-- • �; .t PAGE STATE DI ST. COUNTY HIGHWAY NO. Pops 2 of 2 TEXAS PTV TARRANT F.M. 1938 JOB Afar CONT. SECT. rpr/atat C• S. J. aAreair ROM' C. S. J. 1978 0 1 052 EXHIBIT "A" 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. Form 5019648 -A (2/1/10) Page 8 of 13 T -1 Owner's Policy of Title Insurance (Rev. 2 -1 -10) Owner Policy of Title Insurance (T -1) i t A merican ISSUED BY First American Title Insurance Company Schedule B POLICY NUMBER File No. This policy does not insure against loss or damage (and the Company will not pay costs, attorney's 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. The following restrictive covenants of record itemized below: (the Company must either insert specific recording data or delete this exception) Item 1 of Schedule B is hereby deleted in its entirety. 2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments or protrusions, or any overlapping of improvements. 3. Homestead or community property or survivorship rights, if any, of any spouse of any Insured. 4. Any titles or rights asserted by anyone, including but not limited to, persons, the public, corporations, governments or other entities, a. to tidelands, or lands comprising the shores or beds of navigable or perennial rivers and streams, lakes, bays, gulfs or oceans, or b. to lands beyond the line of the harbor or bulkhead lines as established or changed by any government, or c. to filled -in lands, or artificial islands, or d. to statutory water rights, including riparian rights, or e. to the area extending from the line of mean low tide to the line of vegetation, or the right of access to that area or easement along and across that area. 5. Standby fees, taxes and assessments by any taxing authority for the year 2013, 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. All encumbrances, violations, variations, or adverse circumstances affecting Title that would be disclosed by an accurate and complete land survey of the Land, including, without limitation, all visible and apparent easements or uses and all underground easements or uses, the existence of which may arise by unrecorded grant or by use. b. Rights, if any, of third parties with respect to any portion of the subject property lying within the boundaries of a public or private road. c. Rights of parties in possession and rights of tenants under any unrecorded leases or rental agreements. Form 5019648 -A (2/1/10) Page 9 of 13 T -1 Owner's Policy of Title Insurance (Rev. 2 -1 -10) d. Mineral estate and interest in coal, lignite and other minerals together with all rights, privileges and immunities thereto described in instrument filed 04/15/1922, recorded in Volume 717, Page 613, Real Property Records, Tarrant County, Texas. Title to said interest not checked subsequent to the date thereof. e. The following easements and /or building lines, as shown on plat filed 03/08/2000, recorded in Cabinet A, Slide 5711, Plat Records, Tarrant County, Texas: 50' building line; 20' drainage and utility easement. f. Mineral estate and interest in coal, lignite and other minerals together with all rights, privileges and immunities thereto described in instrument filed 01/29/2013, recorded in D213O23234, Real Property Records, Tarrant County, Texas. Title to said interest not checked subsequent to the date thereof. Form 5019648 -A (2/1/10) Page 10 of 13 T -1 Owner's Policy of Title Insurance (Rev. 2 -1 -10) 4; ' *'• �� Important Notice First American ISSUED BY First American Title Insurance Company IMPORTANT NOTICE AVISO IMPORTANTE To obtain information or make a complaint: Para obtener informacion o para someter una queja: You may call First American Title Insurance Company's Usted puede llamar al numero de telefono gratis de First toll -free telephone number for information or to make a American Title Insurance Company's para informacion o complaint at: para someter una queja al: 1- 888 - 632 -1642 1- 888 - 632 -1642 You may also write to First American Title Insurance Usted tambien puede escribir a First American Title Company at: Insurance Company: 1 First American Way 1 First American Way Santa Ana, California 92707 Santa Ana, California 92707 You may contact the Texas Department of Insurance to Puede comunicarse con el Departamento de Seguros de obtain information on companies, coverages, rights or Texas para obtener informacion acerca de companias, complaints at: coberturas, derechos o quejas al: 1- 800 - 252 -3439 1- 800 - 252 -3439 You may write the Texas Department of Insurance: Puede escribir al Departamento de Seguros de Texas: P.O. Box 149104 P.O. Box 149104 Austin, TX 78714 -9104 Austin, TX 78714 -9104 Fax: (512) 475 -1771 Fax: (512) 475 -1771 Web: http: / /www.tdi.state.tx.us Web: http: //www.tdi.state.tx.us E -mail: ConsumerProtection @ tdi.state.tx.us E -mail: ConsumerProtection @tdi.state.tx.us PREMIUM OR CLAIM DISPUTES: DISPUTAS SOBRE PRIMAS 0 RECLAMOS: Should you have a dispute concerning your premium or Si tiene una disputa concerniente a su prima o a un about a claim you should contact First American Title reclamo, debe comunicarse con el First American Title Insurance Company first. If the dispute is not resolved, you Insurance Company primero. Si no se resuelve la disputa, may contact the Texas Department of Insurance. puede entonces comunicarse con el departamento (TDI). ATTACH THIS NOTICE TO YOUR POLICY: UNA ESTE AVISO A SU POLIZA: This notice is for information only and does not become a Este aviso es solo para proposito de informacion y no se part or condition of the attached document. convierte en parte o condicion del documento adjunto. Form 50- TXNOTICE (11 -1 -09) Page 1 of 1 Mandatory Complaint Notice (11 -1 -09) Texas Form 5019648 -A (2/1/10) Page 11 of 13 T -1 Owner's Policy of Title Insurance (Rev. 2 -1 -10) '"*''"� a Subsidiary of REPUBLIC TITLE OF TEXAS, INC. u ^mER, PRIVACY STATEMENT REPUBLIC Tra Republic Title of Texas, Inc. ( *RTT *) is a wholly owned subsidiary of First American Ttle Insurance Company. RTT and its subsidiary and affiliated companies respect the privacy and security of your non - public personal information ("Personal information") and protecting your Personal Its formation is one of our top priorities. This Privacy Statement explains RTT's privacy practices, including how we use tire Personal Information we receive from you and from other specified sources, and to whom it may be disclosed. RTT follows the privacy practices described in this Privacy Statement and, depending on use business performed, RTT may share information described herein. Applicability This Privacy Policy govems our use of the information that you provide to us. It does not govem the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity. RTT and First American have also adopted broader guidelines that govem our use of Personal Information regardless of its source. First American calls these guidelines its Fair Information Values. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic Personal Information that we may collect include: * Information we receive from you on applications, forms and in other communications to us. whether in writing, in person, by telephone or any other means; = Information about your transactions with us, our affiliated companies, or others; * Information we receive from a consumer reporting agency; and * Information from you through our Internet websites, such as your name, address, email address, Internet Protocol address, the website links you used to get to our websites, and your activity while using or reviewing our websites. Uses of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your Personal Information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of Personal Information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies and escrow companies. Furthermore, we may also provide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your Personal Information. We restrict access to Personal Information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your Personal Information will be handled responsibly and in accordance with this Privacy Policy and RTT and First American's Fair Information Values. We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your Personal Information. Information Obtained Through Our Web Site RTT and First American Financial Corporation are sensitive to privacy issues on the Internet. We believe it is important you know how we treat the information about you we receive on the Internet. In general, you can visit RTT or First American or its affiliates' Web sites on the World Wide Web without telling us who you are or revealing any information about yourself. Our Web servers collect the domain names, not the e-mail addresses, of visitors. This information is aggregated to measure the number of visits, average time spent on the site, pages viewed and similar information. RTT and First American use this information to measure the use of our site and to develop ideas to improve the content of our site. There are times, however, when we may need information from you, such as your name and email address. When information is needed, we will use our best efforts to let you know at the time of collection how we will use the Personal Information. Usually, the Personal Information we collect is used only by us to respond to your inquiry, process an order or allow you to access specific account/profile information. If you choose to share any Personal Information with us, we will only use it its accordance with the policies outlined above. Business Relationships RTT and First American Financial Corporation's sites and its affiliates' sites may contain links to other Web sites. While we try to link only to sites that share our high standards and respect for privacy, we are not responsible for the content or the privacy practices employed by other sites. Cookies Some of RTT's and First American's Web sites may make use of "cookie" technology to measure site activity and to customize information to your personal tastes. A cookie is an element of data that a Web site can send to your browser, which may then store the cookie on your hard drive. Republictitle.com and FirstAm.com use stored cookies. The goal of this technology is to better serve you when visiting our site, save you time when you are here and to provide you with a more meaningful and productive Web site experience. Fair Information Values * Fairness We consider consumer expectations about their privacy in all our businesses. We only offer products and services that assure a favorable balance between consumer benefits and consumer privacy. * Public Record We believe that an open public record creates significant value for society, enhances consumer choice and creates consumer opportunity. We actively support an open public record and emphasize its importance and contribution to our economy. = Use We believe we should behave responsibly when we use information about a consumer in our business. We will obey the laws governing the collection, use and dissemination of data. * Accuracy We will take reasonable steps to help assure the accuracy of the data we collect, use and disseminate. Where possible, we will take reasonable steps to correct inaccurate information. When, as with the public record, we cannot correct inaccurate information, we will take all reasonable steps to assist consumers in identifying the source of the erroneous data so that the consumer can secure the required corrections. * Education We endeavor to educate the users of our products and services, our employees and others in our industry about the importance of consumer privacy. We will instruct our employees on our fair information values and on the responsible collection and use of data. We will encourage others in our industry to collect and use information in a responsible manner. * Security We will maintain appropriate facilities and systems to protect against unauthorized access to and corruption of the data we maintain. Effective Date: August 1, 2011 Form 5019648 -A (2/1/10) Page 12 of 13 T -1 Owner's Policy of Title Insurance (Rev. 2 -1 -10) • Requests for Correction, Amendment, or Deletion of Personal Information As required by applicable law, we will afford you the right to access your Personal Information, under certain circumstances to find out to whom your Personal Information has been - disclosed, and request correction or deletion of your Personal Information. However, RTT's current policy is to maintain customers' Personal Information for no less than your state's required record retention requirements for the purpose of handling future coverage claims. For your protection, all requests made under this section must be in writing and must include your notarized signature to establish your identity. Where permitted by law we may charge a reasonable fee to cover the costs incurred in responding to suds requests. Please send requests to: Republic Title of Texas, Inc. Peter S. Graf General Counsel 2626 Howell Street. 10th Floor Dallas, Texas 75204 Changes to this Privacy Statement This privacy Statement may be amended from time to time consistent with applicable privacy laws. When we amend this Privacy Statement, we will post a notice of such changes on our website. The effective date of this Privacy Statement, as stated below, indicates the last time this Privacy Statement was revised or materially changed. • • Form 5019648 -A (2/1/10) Page 13 of 13 T -1 Owner's Policy of Title Insurance (Rev. 2 -1 -10) • 1111111111111111110111111•11 111111.1■1111MIN 1111111■11111111111 Republic Tide of Texas, Inc. miamoumm■I 550 Bailey Avenue, Suite 100 • Fort Worth, TX 76107 REPUBLIC TITLE Final Settlement Statement Property: Lot: 1 File No: Officer: Janet Ceron/SW New Loan No: Settlement Date: 01/23/2013 Disbursement Date: Print Date: 01/17/2013, 3:19 PM Buyer: City of Southlake, Texas Address: FM 1938, Southlake, TX Seller: Parvez Malik, Seema Malik Address: Bu er Cha Bu er Credit Char e Descri ition Seller Char 'e Seller Credit Consideration: 5,050.00 i f— Total Consideration 5,050.00 Title/Eserow Charges to: 350.00 Escrow Fee to Republic Title of Texas, Inc. J 75.98 Tax Certificate (Commercial) to Data Trace Information Services 2.00 j Texas Guaranty Fee to TX Title Insurance Guaranty Association 229.00 1000 T-1/T-1R Single OTP (R-1) to Republic Title of Texas, Inc. 140.00 Recording Fee - Miscellaneous Commercial to Republic Title of Texas, Inc. Disbursements Paid: 3,107.67 j Processing Fee to GMAC Mortgage 2013 Taxes to Tarrant County Tax Assessor 4.29 8,954.65 Cash (X From) ( To) Borrower Cash (X To) ( From) Seller 5,045.71 , 8,954.65 , 8,954.65 Totals 5 050 00 5,050.00 City of Southlake, Texas / alt By: Mayor Joh Terrell Page 1 of 1 SIGNATURE ADDENDUM TO SETTLEMENT STATEMENT FILE NO: SETTLEMENT DATE: 01/23/2013 SELLER: Parvez Malik and Seema Malik PURCHASER: City of Southlake, Texas SETTLEMENT OR ESCROW AGENT: Republic Title of Texas, Inc. TIN: 75- 1825384 ADDRESS OF SETTLEMENT AGENT: 550 Bailey Avenue, Suite 100, Fort Worth, TX 76107 Seller /Purchaser understands the Closing or Escrow Agent has assembled this information representing the transaction from the best information available from other sources and cannot guarantee the accuracy thereof. Any real estate agent or lender involved may be furnished a copy of this Statement. Seller /Purchaser understands that tax and insurance prorations and reserves were based on figures for the preceding year or supplied by others or estimates for current year, and in the event of any change for current year, all necessary adjustments must be made between Purchaser and Seller direct. The undersigned hereby authorizes Republic Title of Texas, Inc. to make expenditures and disbursements as shown and approves same for payment. The undersigned also acknowledges receipt of Loan Funds, if applicable, in the amount shown above and a receipt of a copy of this Statement. City of Southlake, Texas Parvez Malik Seema Malik ,•I% -∎ By: (laido( Republic Title of Texas, Inc. By: Janet Ceron 1 550 Bailey Avenue, Suite 100 Fort Worth, 181 (8 7C Phone (817)7) 877 - 14481 Fax (817)654 -0008 www. republictitle.com misimmouni REPUBLIC TITLE REPUBLIC TITLE OF TEXAS, INC. WAIVER OF INSPECTION DATE: 01/17/2013 TO: REPUBLIC TITLE OF TEXAS, INC. It has been called to my (our) attention that although I (we) may have a right to possession of the property as assured in Republic Title of Texas, Inc. GF# , I (we) are not in possession of the property as of this date and do hereby authorize and accept said policy with a general exception therein as to rights of parties in possession and do waive inspection of the insured premises by Republic Title of Texas, Inc. and /or its agents. Sincerely, City of Southlake, Texas (1 )vet--re-CF By: OrN0.c.tor