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<br />. <br /> <br />SOUTHERN '1'f,rrLE GUARANTY CO., INC. <br /> <br />SOUTHERN TITLE BUILDING <br /> <br />POLICY NUMBER <br />N~ ~- 28088 ' <br /> <br />HOUSTON, TEXAS 77002 <br /> <br />GF No,A-75965 LR:kc <br /> <br />SOUTHERN TITLE GUARANTY CO" INC" a Texas corporation, hereinafter called the Company, for value does hereby <br />Iluarantee to the herein named Insured, the heh's, devisees, executors and administrators of the Insured, or If a corporation, its suc- <br />cessors by dissolutio.n, merger or consolidation, that as of the date hereof, the Insured has good and indefeasible title to the estate <br />or interest in the land described or referred to in this policy, <br /> <br />The Company shall not be liable in a greater amount than the actual monetary loss of the Insured, and in no event shall the <br />Company be liable for more than the amount shown in Schedule A hereof, and shall, except as hereinafter stated, at its own cost <br />defend the Insured in every action or proceeding on any claim against, or right to the estate or interest in the land, or any part <br />thereof, adverse to the title to the estate or interest in the land as hereby guaranteed, but the Company shall not be required to <br />defend against any claims based upon matters in any manner excepted under this policy by the exceptions in Schedule B hereof or <br />excluded by Paragraph 2, "Exclusions from Coveralle of this Policy", of the Conditions and StipUlations hereof, The party or parties <br />entitled to such defense shall within a reasonable time after the commencement of such action or proceeding, and in ample time <br />for defense therein, give the Company written notice of the pendeney of the action or proceeding, and authority to defend, The <br />Company shaH not be liable until such adverse interest, claim, or right shall have been held valid by a court of last resort to which <br />either litigant may appl~', and if such adverse interest, claim, or right so established shall be for less than the whole of the estate <br />or interest in the land, then the liability of the Company shaH be only such part of the whole liability limited above as shall bear <br />the same ratio to the whole liability that the adverse interest, claim, or right established may bear to the whole estate or interest <br />i'n the land, such ratio to be based on respective values detenninable as of the date of this policy, In the absence of notice as <br />aforesaid, the Company is relieved from all liability with respect to any such interest, claim or right; provided, however, the <br />failure to notify shall not prejUdice the rights of the Insured if such Insured shall not be a party to such action or proceedings, <br />nor be served with process therein, nor have any knowledge thereof, nor in any case, unless the Company shall be actually <br />prejudiced by such failure, <br /> <br />Upon sale of the estate or interest in the land, this policy automatically thereupon shall become a warrantor's policy and the <br />Insured, the heirs, devisees, executors and administrators of the Insured, or if a corporation, Its successors by dissolution, merger <br />or consolidation, shall for a period of twenty-five years from date hereof remain fully protected according to the terms hereof, by <br />reason of the payment of any loss he, they or it may sustain on account of any warranty of title contained in the transfer or con- <br />veyance executed b~' the Insured conveying the estate or interest in the land, The Company shall be liable under said warranty <br />only by reason of delects, liens or encumbrances existing prior to or at the date hereof and not excluded either by the exceptions <br />or by the Conditions and Stipulations hereof, such liability not to exceed the amount of this policy, <br /> <br />IN WITNESS HEREOF, the Southern Title Guaranty Co" Inc" has caused this policy to be executed by its President under the <br />seal of the Company, but this policy is to be valid only when it bears an authorized countersignature, as of the date set forth in <br />Schedule A, <br /> <br />ATTEST: <br /> <br />#~ <br /> <br />SOUTHERN TITLE GUARANTY CO" INC. <br /> <br />Secretary <br /> <br />Countersigned: SOUTHERN TITLE COMPANY, <br /> <br />Agent <br /> <br />By <br /> <br />Authorized C <br /> <br />SCHEDULE A <br /> <br />Date of Policy: <br /> <br />December 28, 1977 <br />CITY pF LA PORTE, a municipal corporation <br /> <br />Name of Insured: <br /> <br />Amount: <br /> <br />$22,500.00 <br /> <br />1. The estate or interest in the land insured by this policy is: <br /> <br />Fee Simple. <br /> <br />2, The land referred to in this policy is described as follows: <br /> <br />Tract Number One (1): Being 2.0047 acres, more or less, out of SYLYAN BEACK <br />FIRST SUBDIVISION, an addition in Harris County, Texas, according to the <br />map or plat thereof, recorded in Volume 3, ~age 27, Map Records, Harris <br />County, Texas. <br />Tract Number Two (2): Being a tract of land containing 9.4925 acres, more <br />or less, out of Lots Twenty-two (22), and Twenty-three((231,rof,tee W. R., <br />L6WRANCE SUBDIVISION, of the Johnson Hunter League, Abstract 35, in Harris <br />County, Texas plat of said subdivision being recorded in Volume 85, Page <br />596, Deed Records, Harris County, Texas; each of subject tracts be~ng more <br />fully described by metes and bounds in Deed to the Insured filed of record <br />in Office of the County Clerk of Harris County, Texas under File No. F-423903. <br /> <br />SCHEDULE B <br /> <br />This policy is subject to the Conditions and Stipulations hereof, the terms and conditions of the leases or easements insured, if any, <br />shown in Schedule A, and to the fOllowing mailers which are additional exceptions from the coverage of this policy: <br /> <br />1. Restrictive covenants affecting the land described or referred to above. <br /> <br />2, Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments, or any overlapping of improve- <br />ments. <br /> <br />3, Taxes for the year 19 --1!! and subsequent years, <br /> <br />4. The following Hen(s) and all terms, provisions and conditions of the instrument(s) creating or evidencing said Hen(s): None. <br />5. Rights of parties in possession. <br />6. (a) Twenty foot drainage easement within Lots 22 and 23, W. B. Lowrance <br />Subdivision, granted to George B. Bush, Sr., and O'Meara Properties, Inc., <br />by instrument filed for record under Harris County Clerk's File No. D-5l0l44. <br />(b) Sanitary sewer lift station easement over and across a 0.0177 acre tract <br />out of Sylvan Beach First Subdivision tract, granted to City of La Porte, <br />by instrument filed for record under Harris County Clerk's File No. D-5l0l45. <br />(c) Sanitary sewer easement across the Sylvan Beach First Subdivision tract, <br />granted to City of La Porte, by instrument filed for record under Harris <br />County Clerk's File No. D-5l0l46. <br />(d) Sanitary sewer easement across Lot 23, W. B. Lowrance Subdivision, <br />granted to City of La Porte, by instrument filed for record under Harris <br />County Clerk's File No. D-5l0l47. <br />(e) Subject to the rights of the public, if any, in that part of Tract 1, <br />traversed by North Cedar Avenue, as shown on the map of Sylvan Beach First <br />Subdivision, recorded in Volume 3, Page 72, Map Records, Harris County, Texas. <br />(f) Subject to the rights of the public in and to Little Cedar Bayou and the <br />rights of Harris County and the State of Texas to same. <br />7. Building and Zoning Ordinances in force and effect in the City of La Porte. <br /> <br />Form OP-166-Rev, 7172 <br />