521072R
COMMITMENT FOR TITLE INSURANCE T-7
ISSUED BY
TITLE EVIDENCE (RO)
SCHEDULE A
Effective Date: January 03, 2025 GF No. 521072R
Commitment Issued: January 23, 2025
1. The policy or policies to be issued are:
a. OWNER'S POLICY OF TITLE INSURANCE (Form T-1)
(Not applicable for improved one-to-four family residential real estate)
Policy Amount: 336617.0000
PROPOSED INSURED: Sherry Depue
b. TEXAS RESIDENTIAL OWNER'S POLICY OF TITLE INSURANCE
ONE-TO-FOUR FAMILY RESIDENCES (Form T-1R)
Policy Amount:
PROPOSED INSURED:
c. LOAN POLICY OF TITLE INSURANCE (Form T-2)
Policy Amount:
PROPOSED INSURED:
Proposed Borrower:
d. TEXAS SHORT FORM RESIDENTIAL LOAN POLICY OF TITLE INSURANCE (Form T-2R)
Policy Amount:
PROPOSED INSURED:
Proposed Borrower:
e. LOAN TITLE POLICY BINDER ON INTERIM CONSTRUCTION LOAN (Form T-13)
Binder Amount:
PROPOSED INSURED:
Proposed Borrower:
f. OTHER
Policy Amount:
PROPOSED INSURED:
2. The interest in the land covered by this Commitment is: Fee Simple
3. Record title to the land on the Effective Date appears to be vested in:
Sherry Sue Depue, unmarried
4. Legal description of land:
BEING 50.16 ACRES OF LAND, MORE OR LESS, AND BEING OUT OF THE SOLOMON COLLUM
SURVEY, A-63, LEE COUNTY, TEXAS, AND BEING SAME PROPERTY DESCRIBED IN THE
TRUSTEE'S DEED DATED APRIL 5, 2011, AS CONVEYED TO KENNETH KERBY AND SUSAN
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KERBY, RECORDED IN VOLUME 1075, PAGE 124, REAL PROPERTY RECORDS OF LEE
COUNTY, TEXAS. SAID 50.16 ACRES OF LAND BEING MORE PARTICULARLY DESCRIBED BY
METES AND BOUNDS AS FOLLOWS:
BEGINNING AT A FOUND WON PIN AT A FENCE CORNER IN THE SOUTH LINE OF FARM TO
MARKET ROAD 696, POINT BEING THE NORTHWEST CORNER OF THIS TRACT, POINT ALSO
BEING THE NORTHEAST CORNER OF A ±159.583 ACRE TRACT OF LAND SHOWN TO BE
OWNED BY FRANCES SEIFERT, AS RECORDED IN VOLUME 1077, PAGE 957, REAL PROPERTY
RECORDS OF LEE COUNTY, TEXAS,
THENCE, FOLLOWING THE SOUTH LINE OF FARM TO MARKET ROAD 696, N68°38'23"E, 891.44
FEET TO A FOUND IRON PIN AT A FENCE CORNER POST BEING THE NORTHEAST CORNER
OF THIS TRACT, POINT ALSO BEING THE NORTHWEST CORNER OF A ±41.628 ACRE TRACT
OF LAND SHOWN TO BE OWNED BY GENE BRINKMAN AS RECORDED IN VOLUME 1017, PAGE
442, REAL PROPERTY RECORDS OF LEE COUNTY, TEXAS;
THENCE, TURNING FROM FARM TO MARKET ROAD 696, S19°58'48"E, 2196.57 FEET TO A
FOUND IRON PIN BEING THE EAST CORNER OF THIS TRACT;
THENCE, S29°28'47"W. 1080.64 FEET TO A FOUND IRON PIN IN THE EAST LINE OF THE
AFOREMENTIONED ±159.583 ACRE SEIFERT TRACT BEING THE SOUTH CORNER OF THIS
TRACT;
THENCE, FOLLOWING THE EAST LINE OF THE AFOREMENTIONED ±159.583 ACRE SEIFERT
TRACT, N21°22'21'W, 2878.34 FEET TO THE POINT OF BEGINNING AND CONTAINING 50.18
ACRES OF LAND, MORE OR LESS.
SAVE AND EXCEPT:
BEING 0.50 ACRES OF LAND, MORE OR LESS, AND BEING OUT OF THE SOLOMON COLLUM
SURVEY, A-63, LEE COUNTY, TEXAS, AND BEING A PORTION OF THE SAME PROPERTY
DESCRIBED IN THE TRUSTEE'S DEED DATED APRIL 5, 2011, AS CONVEYED TO KENNETH
KERBY AND SUSAN KERBY, RECORDED IN VOLUME 1075, PAGE 124, REAL PROPERTY
RECORDS OF LEE COUNTY, TEXAS. SAID 0.50 ACRES OF LAND BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS
COMMENCING AT A FOUND IRON PIN AT A FENCE CORNER POST IN THE SOUTH LINE OF
FARM TO MARKET ROAD 696, POINT BEING THE NORTHWEST CORNER OF THE
AFOREMENTIONED KENNETH AND SUSAN KERBY PARENT TRACT, POINT ALSO BEING THE
NORTHEAST CORNER OF ±159.583 ACRE TRACT OF LAND SHOWN TO BE OWNED BY
FRANCES SEIFERT, AS RECORDED IN VOLUME 1077, PAGE 957, REAL PROPERTY RECORDS
OF LEE COUNTY, TEXAS;
THENCE, LEAVING THE SOUTH LINE OF FARM TO MARKET ROAD 696, FOLLOWING THE EAST
LINE OF THE AFOREMENTIONED ±159.583 ACRE SEIFERT TRACT S21°22'21" E. 1750.67 FEET
TO A POINT BEING THE NORTHWEST CORNER OF THIS TRACT, ALSO BEING THE POINT OF
BEGINNING;
THENCE, N68°37'39" E. 100.00 FEET TO A POINT BEING THE NORTHEAST CORNER OF THIS
TRACT S21°22'21" E. 217.00 FEET TO A POINT BEING THE SOUTHEAST CORNER OF THIS
TRACT, AND S68°37'39"W. 100.00 FEET TO A POINT IN THE EAST LINE OF THE
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AFOREMENTIONED ±159.583 ACRE SEIFERT TRACT BEING THE SOUTHWEST CORNER OF
THIS TRACT; THENCE, FOLLOWING THE EAST LINE OF THE AFOREMENTIONED ±159.583
ACRE SEIFERT TRACT, N21°22'21"W. 217.00 FEET TO THE POINT OF BEGINNING AND
CONTAINING 0.50 ACRES OF LAND, MORE OR LESS.
SAVE AND EXCEPT:
BEING A THIRTY (30) FOOT ACCESS EASEMENT, AND BEING OUT OF THE SOLOMON COLLUM
SURVEY, A-63, LEE COUNTY, TEXAS, AND BEING A PORTION OF THE SAME PROPERTY
DESCRIBED IN THE TRUSTEE'S DEED DATED APRIL 5, 2011, AS CONVEYED TO KENNETH
KERBY AND SUSAN KERBY, RECORDED IN VOLUME 1075, PAGE 124, REAL PROPERTY
RECORDS OF LEE COUNTY, TEXAS SAID THIRTY (30) FOOT ACCESS EASEMENT BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS.
BEGINNING AT A FOUND IRON PIN AT A FENCE CORNER POST IN THE SOUTH LINE OF FARM
TO MARKET ROAD 696, POINT BEING THE NORTHWEST CORNER OF THE AFOREMENTIONED
KENNETH AND SUSAN KERBY PARENT TRACT, POINT ALSO BEING THE NORTHEAST CORNER
OF A ±159.583 ACRE TRACT OF LAND SHOWN TO BE OWNED BY FRANCES SEIFERT, AS
RECORDED IN VOLUME 1077, PAGE 957, REAL PROPERTY RECORDS OF LEE COUNTY,
TEXAS, THENCE, FOLLOWING THE SOUTH LINE OF FARM TO MARKET ROAD 696, N68°37'39"E.
30.00 FEET TO A POINT BEING THE NORTHEAST CORNER OF THIS EASEMENT,
THENCE, LEAVING THE SOUTH LINE OF FARM TO MARKET ROAD 696, FOLLOWING A LINE 30
FOOT NORTHEAST OF, AND PARALLEL TO THE EAST LINE OF THE AFOREMENTIONED
±159.583 ACRE SEIFERT TRACT, S21°22'21"E. 1750.67 FEET TO A POINT BEING THE
SOUTHEAST CORNER OF THIS EASEMENT,
THENCE S68°37'39"W. 30.00 FEET TO A POINT IN THE EAST LINE OF THE AFOREMENTIONED
±159.583 ACRE SEIFERT TRACT BEING THE SOUTHWEST CORNER OF THIS TRACT, THENCE,
FOLLOWING THE EAST LINE OF THE AFOREMENTIONED *159.583 ACRE SEIFERT TRACT,
N21°22'21"W. 1750.67 FEET TO THE POINT OF BEGINNING AND CONTAINING 1.21 ACRES OF
LAND, MORE OR LESS.
LESS AND EXCEPT:
Being an 11.000 acre tract of land, a part of the Solomon Collum Survey, Abstract 63, Lee County,
Texas and a part of a 50.180 acre tract described in a deed to Sherry Sue Depue and recorded in
volume 1274, page243 of the Real property Records of Lee County, Texas, Said 11.000 acre tract
being more particularly described as follows:
Beginning at a point in the South margin of FM 696, for the Northeast corner of a 125.936 acre Tract
Two described in a deed to J. David Marburger and recorded in volume 1105, page 843, the Northwest
corner of a 30 (thirty) foot wide permanent easement described in a deed to Leland Depue and
recorded in volume 1086, page 244, the Northwest Corner of said 50.180 acre Depue tract, and the
Northwest corner hereof; said point for corner bears North 21 deg. 39 min. 44 sec. West 0.39 feet from
a 5/8 inch rebar with cap found for reference hereof;
Thence with the South margin of FM 696, the North line of said 30 foot Depue easement, the North line
of said 50.180 acre Depue tract, North 67 deg. 52.min. 55 sec. East 633.82 feet to a 5/8 inch rebar with
cap marked "4428" set for the Northeast corner thereof; said 5/8 inch rebar with cap marked "4428"
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bears South 68 deg. 05 min. 33 sec. West 256.84 feet from a 6 inch treated corner post found for
reference hereof;
Thence across said 50.180 acre Depue tract as follows:
South 27 deg. 48 min. 38 sec. East 238.29 feet to a 5/8 inch rebar with cap marked “4428” set for an
angle corner hereof;
South 37 deg. 36 min. 11 sec. East 130.84 feet to a 5/8 inch rebar with cap marked “4428” set for an
angle corner hereof;
South 46 deg. 36 min. 01 sec. East 223.52 feet to a 5/8 inch rebar with cap marked “4428” set for an
angle corner hereof;
South 20 deg. 42 min. 42 sec. East 114.70 feet to a 5/8 inch rebar with cap marked “4428” set for an
angle corner hereof;
South 67 deg. 44 min. 01 sec. West at 752.37 feet pass a point in the East line of said 30 foot Depue
easement, and continuing a total distance of 782.37 feet to a 5/8 inch rebar with cap marked “4428” set
in the East line of said 125.936 acre Marburger tract, the West line of said 50.180 acre Depue tract, the
West line of said 30 foot Depue easement, for the Southwest corner hereof;
Thence with the East line of said 125.936 acre Marburger tract, the West line of said 50.180 acre
Depue tract, the West line of said 30 foot Depue easement, North 22 deg. 06 min. 15 sec. West 683.32
feet to the Place of Beginning and containing 11.000 acres of land.
521072R
COMMITMENT FOR TITLE INSURANCE T-7
ISSUED BY
TITLE EVIDENCE
SCHEDULE B
EXCEPTIONS FROM COVERAGE
In addition to the Exclusions and Conditions and Stipulations, your Policy will not cover loss, costs, attorney's
fees, and expenses resulting from:
1. The following restrictive covenants of record itemized below (We must either insert specific recording
data or delete this exception):
a. THIS EXCEPTION 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. (Applies
to the Owner Policy only.)
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 rights of
access to that area or easement along and across that area.
(Applies to the Owner Policy only.)
5. Standby fees, taxes and assessments by any taxing authority for the year 2024, 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. (If Texas Short Form Residential Mortgagee Policy
of Title Insurance (T-2R) is issued, that policy will substitute "which become due and payable
subsequent to Date of Policy" in lieu of "for the year 2024 and subsequent years.")
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6. The terms and conditions of the documents creating your interest in the land.
7. Materials furnished or labor performed in connection with planned construction before signing and
delivering the lien document described in Schedule A, if the land is part of the homestead of the owner.
(Applies to the Mortgagee Title Policy binder on Interim Construction Loan only, and may be deleted if
satisfactory evidence is furnished to us before a binder is issued.)
8. Liens and leases that affect the title to the land, but that are subordinate to the lien of the insured
mortgage. (Applies to Mortgagee Policy (T-2) only.)
9. The Exceptions from Coverage and Express Insurance in Schedule B of the Texas Short Form
Residential Mortgagee Policy of Title Insurance (T-2R). (Applies to Texas Short Form Residential
Mortgagee Policy of Title Insurance (T-2R) only. Separate exceptions 1 through 8 of this Schedule B do
not apply to the Texas Short Form Residential Mortgagee Policy of Title Insurance (T-2R).
10. The following matters and all terms of the documents creating or offering evidence of the matters (We
must insert matters or delete this exception.):
a. Any and all easements and/or rights of way, visible or otherwise, over and across the property.
b. Any portion of the property herein described which falls within the boundaries of any road or
roadway.
c. No liability is assumed by reason of any encroachment(s) or protrusion(s) of a fence and/or
building(s) into or outside of the boundary lines of the subject property herein described.
d. 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.
e. All leases, grants, exceptions or reservations of the geothermal energy and associated
resources below the surface of the land, 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 the geothermal energy and associated
resources below the surface of the land that are not listed.
f. Rights of Parties in Possession (Owner's Policy Only)
g. Oil, Gas and Mineral Lease by and between August Brinkmann, a single man, as Lessor, and
Standard Oil Company of Texas, as Lessee, dated November 25, 1947, and recorded in
Volume 99, Page 108, Deed Records of Lee County, Texas. (TITLE TO SAID INTEREST NOT
CHECKED SUBSEQUENT TO DATE OF AFORESAID INSTRUMENT).
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h. All terms, conditions, and provisions of that certain Right of Way/Easement from August
Brinkman to State of Texas in instrument dated May 06, 1961, recorded in Volume 137, Page
492, of the Deed Records of Lee County, Texas.
i. Oil, Gas and Mineral Lease by and between August Brinkman being one and the same person
as August Brinkmann, et al, as Lessor, and Hunt Oil Company, as Lessee, dated August 14,
1967, and recorded in Volume 174, Page 15, Deed Records of Lee County, Texas. (TITLE TO
SAID INTEREST NOT CHECKED SUBSEQUENT TO DATE OF AFORESAID INSTRUMENT).
j. Oil, Gas and Mineral Lease by and between August A. Brinkman, et al, as Lessor, and Gary W.
Redwine, as Lessee, dated June 28, 1985, and recorded in Volume 506, Page 33, Official
Public Records of Lee County, Texas. (TITLE TO SAID INTEREST NOT CHECKED
SUBSEQUENT TO DATE OF AFORESAID INSTRUMENT).
k. Oil, Gas and Mineral Lease by and between August A. Brinkman, et al, as Lessor, and Union
Pacific Resources Company, as Lessee, dated November 18, 1996, and recorded in Volume
799, Page 729, Official Public Records of Lee County, Texas. (TITLE TO SAID INTEREST NOT
CHECKED SUBSEQUENT TO DATE OF AFORESAID INSTRUMENT).
l. Statement of Ownership and Location recorded in Volume 994, Page 532, Official Public
Records of Lee County, Texas.
m.
n. This policy does not cover the manufactured home located on the land described in Schedule A
unless at the time of closing, the property is designated as real property by the Texas
Department of Housing and Community Affairs (TDHCA) and a Statement of Ownership and
Location is recorded in the Real Property Records of Lee County, Texas, and the records of
TDHCA show that the real property election of the home has been perfected.
o. Oil, Gas and Mineral Lease by and between Kenneth K. Kerby, et al, as Lessor, and Compass
Resources Operating, L.L.C., as Lessee, dated January 11, 2008, and recorded in Volume
1017, Page 953, Official Public Records of Lee County, Texas. Memorandum of Renewal and
Amendment of Oil, Gas and Mineral Lease recorded in Volume 1126, Page 676, Official Public
Records of Lee County, Texas. Ratification of Oil, Gas and Mineral Lease recorded in Volume
1135, Page 20, Official Public Records of Lee County, Texas. Declaration of Pooled Unit DePue
Unit recorded in Volume 1138, Page 517, Official Public Records of Lee County, Texas. (TITLE
TO SAID INTEREST NOT CHECKED SUBSEQUENT TO DATE OF AFORESAID
INSTRUMENT).
p. Oil, Gas and Mineral Lease by and between Leland S. Depue, et al, as Lessor, and Southwest
Stage Funding, LLC d/b/a Cascade Financial Services and Venado Operating Company, LLC,
as Lessee, dated July 30, 2014, and recorded in Volume 1142, Page 924, Official Public
Records of Lee County, Texas. (TITLE TO SAID INTEREST NOT CHECKED SUBSEQUENT
TO DATE OF AFORESAID INSTRUMENT).
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COMMITMENT FOR TITLE INSURANCE T-7
ISSUED BY
TITLE EVIDENCE (RO)
SCHEDULE C
Your Policy will not cover loss, costs, attorneys’ fees, and expenses resulting from the following requirements
that will appear as Exceptions in Schedule B of the Policy, unless you dispose of these matters to our
satisfaction, before the date the Policy is issued:
1. Documents creating your title or interest must be approved by us and must be signed, notarized and
filed for record.
2. Satisfactory evidence must be provided that:
a. no person occupying the land claims any interest in that land against the persons named in
paragraph 3 of Schedule A,
b. all standby fees, taxes, assessments and charges against the property have been paid,
c. all improvements or repairs to the property are completed and accepted by the owner, and that
all contractors, sub-contractors, laborers and suppliers have been fully paid, and that no
mechanic's, laborer's or materialmen's liens have attached to the property,
d. there is legal right of access to and from the land,
e. (on a Loan Policy only) restrictions have not been and will not be violated that affect the validity
and priority of the insured mortgage.
3. You must pay the seller or borrower the agreed amount for your property or interest.
4. Any defect, lien or other matter that may affect title to the land or interest insured, that arises or is filed
after the effective date of this Commitment.
5. Payment of any and all taxes now due and payable up to and including the year 2023.
6. Title Company requires (1) a release or (2) transfer of lien from the transferring bank together with
renewal and extension language in the new lien instrument, or (3) renewal and extension language
attached to new lien instrument if Lender owns existing lien, of the insured land from the Deed of Trust
executed by Sherry Sue Depue and Timothy W. Walch, wife and husband to Black, Mann & Graham,
L.L.P., Trustee, for Mortgage Electronic Registration Systems, Inc., "MERS" is a separate corporation
that is acting solely as a nominee for Freedom Mortgage Corporation, dated May 29, 2020 and
securing a note in the amount of $336,617.00, as recorded in Volume 1274, Page 248, Official Public
Records of Lee County, Texas. If Title Company is not provided any of the above this item will appear
on the policy as an exception to coverage.
7. If the mobile home is to be insured, and the mobile home is a used manufactured home located on land
to be purchased by the buyer, then the Title Company requires:
8. a. Evidence of the removal of axles and tires,
9. b. Satisfactory evidence of permanent foundation,
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10. c. Satisfactory evidence of sewer and water hook-up,
11. d. Apply for a new Statement of Ownership and Location provided by TDHCA, which must be filed
in the real property records of the county where the manufactured home is located,
12. e. Copy of Tax Certificate or Form U,
13. f. Title Company is required to search the TDHCA web page database by seller name and M/H
label number.
14. The following deeds found of record:
15. Deed Type: Special Warranty Deed
16. Grantors: Leland S. Depue and Sherry Sue Depue, both unmarried
17. Grantees: Sherry Sue Depue, unmarried
18. Instrument No. 2020-01984
19. Dated: May 29, 2020
20. Recorded: June 22, 2020
21. Consideration:
22. Volume: 1274
23. Page: 243
24.
25. Deed Type: Owelty Deed
26. Grantors: Leland Scott DePue
27. Grantees: Sherry Sue Depue
28. Instrument No. 2020-01963
29. Dated: May 29, 2020
30. Recorded: June 22, 2020
31. Consideration:
32. Volume: 1274
33. Page: 236
34.
35. Deed Type: General Warranty Deed
36. Grantors: Leland S. Depue, a single person
37. Grantees: Leland S. Depue, a married man
38. Instrument No. 2016-03195
39. Dated: October 21, 2016
40. Recorded: October 31, 2016
41. Consideration: $10.00
42. Volume: 1196
43. Page: 581
NOTE: Title Search is subject to claims of present occupants; discrepancies in area and boundaries; unpaid bills
for labor or material in connection with repairs or new improvements, unpaid taxes. You agree by accepting this
title report that it is not a guarantee of title. And if a loss occurs, liability hereunder is limited to the actual
amount paid for said report. This report is not a commitment for title insurance and its’ scope is limited to the
matters shown herein.
