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HomeMy WebLinkAboutContract 53414-A1 CITY SECRETARY 13ECEIVED CONTRACT No". 2 414-41 FEB 17 2020 CITY OF FonT WonT ff CITY SECRETARY FIRST AMENDMENT TO CONTRACT OF SALE AND PURCHASE AND ESCROW AGREEMENT This FIRST AMENDMENT TO CONTRACT OF SALE AND PURCHASE AND ESCROW AGREEMENT (this "Amendment") is executed to be effective as of February 14, 2020 (the "Amendment Effective Date"), by and between CLEARFORK RETAIL DEVELOPMENT COMPANY, LLC, a Texas limited liability company ("Seller"), and the CITY OF FORT WORTH, TEXAS, a home rule Municipal Corporation of the State of Texas, acting by and through its duly authorized City Manager or Assistant City Manager ("Purchaser") (Seller and Purchaser shall sometimes be referred to herein collectively as the "Parties"). WITNESSETH: WHEREAS, Seller and Purchaser entered into that certain Contract of Sale and Purchase and Escrow Agreement dated effective January 23, 2020 (the "Contract"), for the sale and purchase of certain real property located in the City of Fort Worth, Tarrant County, Texas (the "Pro e "), as more particularly described in the Contract; and WHEREAS, the Existing Survey and accompanying field notes attached to the Contract as Exhibit C were revised after the effective date of the Contract in connection with the transaction between Seller and the YMCA, correcting certain typographical errors in said survey and field notes, said revised survey and field notes prepared by J.B. Davies, III, Registered Professional Land Surveyor No. 4368, dated January 30, 2020, being attached to this Amendment as Exhibit A(the"Revised Survey"); WHEREAS, following the YMCA Closing, Title Company issued that Commitment for Title Insurances on February 5, 2020, dated effective January 29, 2020, attached to this Amendment as Exhibit B (the "Revised Commitment"); WHEREAS, Seller delivered the Deed to Escrow Agent on January 23, 2020, which Deed attached as Exhibit A the aforementioned, erroneous field notes, and referenced the date of the Existing Survey on Exhibit B thereto; and WHEREAS, Purchaser and Seller now desire to amend certain terms and provisions of the Contract and to provide joint instructions to Escrow Agent, as set forth in this Amendment. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,the Parties hereby agree as follows: 1. Recitals. The recitals set forth above are true and correct and are incorporated into this Amendment by reference for all purposes. 2. Capitalized Terms. All capitalized terms used in this Amendment but not defined or otherwise stated herein shall have the meaning assigned to such terms in the Contract. 3. Revised Survey. Purchaser hereby acknowledges receipt of the Revised Survey and approves same. OFFICIAL RECURD CITY SECRETARY FIRST AMENDMENT TO CONTRACT OF SALE AND PURCHASE AND ESCROW AGREEMENT FT WORTH,TX IVOI12\0074\14C9894.DOCX Page 1 4. Revised Commitment. Purchaser hereby acknowledges receipt of the Revised Commitment and approves same. 5. Deed. Escrow Agent is hereby instructed to replace Exhibit A (Legal Description of the Property) and Exhibit B (Permitted Encumbrances) to the Deed in its possession with Exhibit A and Exhibit B attached hereto as Exhibit C. In the event the Existing Survey is updated as described in Section 6 below, or the Revised Commitment is revised prior to Closing, Exhibit A and Exhibit B to the Deed shall be revised prior to Closing to reference all Permitted Encumbrances and such revised survey, as applicable, and the Contract is so amended. 6. Post-Demolition Survey Update. Should the Title Company require an updated survey of the Property following the demolition/removal of improvements in connection with the Abatement/Demolition/Removal Condition in order to amend the exception in the Owner Policy as to area and boundaries in accordance with TLTA Title Insurance Basic Manual Procedural Rule P-2, Seller shall cause the Revised Survey to be updated so as to remove those improvements demolished/removed in connection with the Abatement/Demolition/Removal Condition, and the Contract is so amended. 7. Conditions to the Parties' Obligations. The date for the exercise of Purchaser's option regarding demolition referenced in Section 7(2) of the Contract is hereby extended from February 14, 2020 to February 21, 2020 solely with respect to "(x)the swimming pool located on the Land, including decking and shade structures, and related electrical, plumbing and mechanical infrastructure, which shall include backfilling, or,causing to be back-filled, all voids created from the removal of the swimming pool with select fill compacted in six (6) inch lifts". 8. Ratification. The Parties hereby acknowledge and agree that, except as amended herein, the Contract is in full force and effect and is hereby ratified and confirmed. In the event of any conflict or inconsistency between the terms of the Contract and this Amendment, the terms of this Amendment shall control. 9. Counterparts. This Amendment may be executed in counterparts and each counterpart shall constitute a binding agreement as if the Parties had executed a single document. Executed counterpart signature pages may be transmitted electronically and used in lieu of"wet" signature counterparts. [Signatures on following page] FIRST AMENDMENT TO CONTRACT OF SALE AND PURCHASE AND ESCROW AGREEMENT I:\00112\0074\14C9894.DOCX Page 2 IN WITNESS WHEREOF, the Parties have executed this Amendment to be effective as of the Amendment Effective Date. SELLER: CLEARFORK RETAIL DEVELOPMENT COMPANY, LLC, a Texas limited liability company By: Crawford H. Edwards, Manager Date Signed:_ 2.f 101 l u-j'o PURCHASER: CITY OF FORT WORTH, TEXAS By: L- v------._ . Kevin Gunn, Interim Assistant City Manager Date Signed: z,�17 --Oj 70 Attest: ' Ci Secre tY 'r M&C Date Signed: ,�W�0 APPROVED AS TO LEGALITY AND FORM �/' &/u� 1 Assistant City Atto� y Date Signed: OFFICIAL RECORD(CITYSECRETARY I FT. WORTH, TX FIRST AMENDMENT TO CONTRACT OF SALE AND PURCHASE AND ESCROW AGREEMENT I:\00112\0074\14C9894.DOCX Page 3 AGREEMENT OF ESCROW AGREEMENT The undersigned Escrow Agent hereby acknowledges receipt of the foregoing Amendment and agrees to follow the instructions detailed therein. � f RATTIKIN TITLE ANY ` By: Name: L--/ Title: %! Date: OFFICIAL RECORD CITY SECRETARY FT. WORTH,TX FIRST AMENDMENT TO CONTRACT OF SALE AND PURCHASE AND ESCROW AGREEMENT IM01 12\0074\1 4C9894.DOCX Page 4 EXHIBIT A Revised Survey [Attached] FIRST AMENDMENT TO CONTRACT OF SALE AND PURCHASE AND ESCROW AGREEMENT I:\00112\0074\14C9894.DOCX EXHIBIT A ''o nw aro RR QQ �}QOa�oo ZmWui 9 $ 9 Q w �� w �Fa U o 3 o p 4��mp olaa RC Od 9f-99c loA X w a && � o o > 'Anols3M sot moola z� w 0 U O U 7 —z a Jf/Jao�m�- a o ,tZ'BYL nM.9 t,10.°s / n<m z¢���� ' I 14, WFgrrc --- — / 14, -gym e 5 j p�Fpo �o - z .a1 n w 4 w°' 3333 I m i1w aa� s rasa- `•` . o o a _ — lanoo nna onus E gg �Y N tl pp an' yg5 G N F o I m ¢m+ - as ej8€ 3gsz R_ \ lad N s ° Q w \ I i � � � < w Im m0n > a ss=e m . mo� _ w 0 w I i gip's � OR z \ / UO O 5 A 5. . s -i gY N «k Ki email ei s ells 15 as 5 A �.- Y" c lix Bey E ER �7 i YyQp i..5�8T� G 3K rcz0- bGAo�s �0 6 6=°E�E3ALLt C-eee , - iF ggSg «p« mFw R�% istl� 9na� $i�5S�tl 7aYh 26 ales e^t p�Bln mac<€ m€a o 1,y3�1ba\\ NO F ?1, gsw �SW�� x'amm -3,b b3 ad \ z ao mm o ° 9 Y3m��mn . ozm wo2 o> w N'bbO oda 8S�mm< 4 ¢ ggz z .e8'N < 'gfi mEBoF`K8 Dz.. ieg8l1 =o3aoSoab<bl < \ / �m zbla <__m 39t \ uj Y s o�o mm;^� � b P� 0 BOUNDARY DESCRIPTION FOR 4.672 AC TRACT A PORTION OF BLOCK 1 OVERTON SOUTH ADDITION FORT WORTH TARRANT COUNTY TEXAS BEING a portion of Block 1, Overton South Addition, (Block 1) Fort Worth, Tarrant County, Texas according to the Plat recorded in Volume 388-89, Page 4 of the Plat Records of Tarrant County, Texas (PRTC)and as described in the Deed to the Young Men's Christian Association of Metropolitan Fort Worth (YMCA) recorded in Volume 5349, Page 308 of the Deed Records of Tarrant County,Texas (DRTC), save and except,that portion of the said Block 1 Overton South Addition, described in the Deed to the City of Fort Worth recorded in D214241954 DRTC (Fort Worth tract), said tract being tied to the Texas Coordinate System using RTK surveying methods tied to the SmartNet Network tied to reference Station No 2308, bearings are grid and distances are horizontal ground measurements, said tract being more particularly described as follows: BEGINNING a found capped iron pin (CIP)for the south corner of the said Block 1, being the northwest intersection of Barwick Drive and Westhaven Drive West, said point being on a curve from which the center bears S48037'08"W, 475.31ft; THENCE northwest with said curve along the northeast right-of-way of the Barwick Drive, through a central angle of 3°16'51"for a distance of 117.89ft to a point, from which a found 5/8in iron pin bears S41012'42"W, 0.62ft; THENCE N30040'16"E with the west line of the said Block 1, 585.80ft to a point, from which a found CIP bears S55025'28"W, 0.49ft; THENCE N89053'44"E, 220.04ft to a point, from which a found CIP bears S43043'06"W, 0.35ft, said point being the northwest corner of the said Fort Worth tract and being non-tangent to a curve from which the center bears S89047'17"E, 218.03ft. THENCE southeasterly with the said curve and the western boundary of the said Fort Worth tract, through a central angle of 40003'32",for a distance of 152.44ft to a point of compound curve,from which a found CIP bears S38051'09"W, 0.25ft and from which the center bears N50010'04"E, 533.57ft; THENCE continuing with the said western boundary of the said Fort Worth tract, through a central angle of 20008'47"for a distance of 187.62ft to a found CIP; THENCE S59058'44"E, with the said western boundary of the said Fort Worth tract, 60.56ft to a point in the original east boundary of the said Block 1,from which a found CIP bears N7006'32"W, 0.19ft; THENCE S0001'16"W,with the said east line of Block 1 , 149.21ft to a found 5/8inch iron pin being in the north right-of-way of the said Westhaven Drive West; THENCE N62030'44"W,with the said north line of Westhaven Drive, 54.25ft to a point from which a found 5/8inch iron pin bears N25020'10'VII, 0.28ft said point being the beginning of a curve from which the center bears S27029'16"E, 475.31ft; THENCE westerly with the said curve along the northerly line of the said Westhaven Drive, through a central angle of 75031'58"for a distance of 626.60ft to a found bent 5/8inch iron pin; THENCE S41057'16"W, 94.75ft to the place of beginning and containing 4.672 acres of land. 1£ j Davies Inc JanBuary 30, 2020 @ a�etr?i,F TxBPLS No 10159100 IL 4,OP`- ' EXHIBIT B Revised Commitment [Attached] FIRST AMENDMENT TO CONTRACT OF SALE AND PURCHASE AND ESCROW AGREEMENT I:10011210074114C9894.DOCX EXHIBIT B THE FOLLOWING COMMITMENT FOR TITLE INSURANCE IS NOT VALID UNLESS YOUR NAME AND THE POLICY AMOUNT ARE SHOWN IN SCHEDULE A, AND OUR AUTHORIZED REPRESENTATIVE HAS COUNTERSIGNED BELOW. COMMITMENT FOR TITLE INSURANCE Issued By CHICAGO TITLE INSURANCE COMPANY We (Chicago Title Insurance Company) will issue our title insurance policy or policies (the Policy) to You (the proposed insured) upon payment of the premium and other charges due, and compliance with the requirements in Schedule C. Our policy will be in the form approved by the Texas Department of Insurance at the date of issuance, and will insure your interest in the land described in Schedule A. The estimated premium for our Policy and applicable endorsements is shown on Schedule D. There may be additional charges such as recording fees, and expedited delivery expenses. This Commitment ends ninety (90) days from the effective date, unless the Policy is issued sooner, or failure to issue the Policy is our fault. Our liability and obligations to you are under the express terms of this Commitment and end when this Commitment expires. Authorized CFHCAGO TITLE INSURANCE COMPANY RATTIKIN TITLE COMPANY By , (�- t By: $ } tii F!S!' President Secretary FORM T-7: Commitment for Title Insurance 20-0290 TEXAS TITLE INSURANCE INFORMATION Title insurance insures you against loss resulting from certain risks to your title. The commitment for Title Insurance is the title insurance company's promise to issue the title insurance policy. The commitment is a legal document. You should review it carefully to completely understand it before your closing date. El seguro de t(tulo le asegura en relacion a perdidas resultantes de ciertos riesgos que pueden afectar el tftulo de su propiedad. El Compromiso para Seguro de Titulo es la promesa de la compania aseguradora de titulos de emitir la poliza de seguro de tfitulo. El Compromiso es un documento legal. Usted debe leerlo cuidadosamente y entenderlo complemente antes de la fecha para finalizar su transaccion. Your Commitment for Title Insurance is a legal contract between you and us. The Commitment is not an opinion or report of your title. It is a contract to issue you a policy subject to the Commitment's terms and requirements. Before issuing a Commitment for Title Insurance (the Commitment) or a Title Insurance Policy(the Policy), the title Insurance Company (the Company) determines whether the title is insurable. This determination has already been made. Part of that determination involves the Company's decision to insure the title except for certain risks that will not be covered by the Policy. Some of these risks are listed in Schedule B of the attached Commitment as Exceptions. Other risks are stated in the Policy as Exclusions. These risks will not be covered by the Policy. The Policy is not an abstract of title nor does a Company have an obligation to determine the ownership of any mineral interest. MINERALS AND MINERAL RIGHTS may not be covered by the Policy. The Company may be unwilling to insure title unless there is an exclusion or an exception as to Minerals and Mineral Rights in the Policy. Optional endorsements insuring certain risks involving minerals, and the use of improvements (excluding laws, shrubbery and trees) and permanent buildings may be available for purchase. If the title insurer issues the title policy with an exclusion or exception to the minerals and mineral rights, neither this Policy, nor the optional endorsements, ensure that the purchaser has title to the mineral rights related to the surface estate. Another part of the determination involves whether the promise to insure is conditioned upon certain requirements being met. Schedule C of the Commitment lists these requirements that must be satisfied or the Company will refuse to cover them. You may want to discuss any matters shown in Schedules B and C of the Commitment with an attorney. These matters will affect your title and your use of the land. When your Policy is issued, the coverage will be limited by the Policy's Exception, Exclusions and Conditions, defined below. EXCEPTIONS are title risks that a Policy generally covers but does not cover in a particular instance. Exceptions are shown on Schedule B or discussed in Schedule C of the Commitment. They can also be added if you do not comply with the Conditions section of the Commitment. When the Policy is issued, all Exceptions will be on Schedule B of the Policy. EXCLUSIONS are title risks that a Policy generally does not cover. Exclusions are contained in the Policy but not shown or discussed in the Commitment. CONDITIONS are additional provisions that qualify or limit your coverage. Conditions include your responsibilities and those of the Company. They are contained in the Policy but not shown or discussed in the Commitment. The Policy Conditions are not the same as the Commitment Conditions. You can get a copy of the policy form approved by the Texas Department of Insurance by calling the Title Insurance Company at (800)925-0965 or by calling the title insurance agent that issued the Commitment. The Texas Department of Insurance may revise the policy form from time to time. FORM T-7: Commitment for Title Insurance 20-0290 Title Insurance Information TEXAS TITLE INSURANCE INFORMATION (Continued) You can also get a brochure that explains the policy from the Texas Department of Insurance by calling (800)252-3439. Before the Policy is issued, you may request changes in the policy. Some of the changes to consider are: Request amendment of the "area and boundary" exception (Schedule B, paragraph 2). To get this amendment, you must furnish a survey and comply with other requirements of the Company. On the Owner's Policy, you must pay an additional premium for the amendment. If the survey is acceptable to the Company and if the Company's other requirements are met, your Policy will insure you against loss because of discrepancies or conflicts in boundary lines, encroachments or protrusions, or overlapping of improvements. The Company may then decide not to insure against specific boundary or survey problems by making special exceptions in the Policy. Whether or not you request amendment of the"area and boundary" exception, you should determine whether you want to purchase and review a survey if a survey is not being provided to you. Allow the Company to add an exception to "rights of parties in possession". If you refuse this exception, the Company or the title insurance agent may inspect the property. The Company may except to and not insure you against the rights of specific persons, such as renters, adverse owners or easement holders who occupy the land. The company may charge you for the inspection. If you want to make your own inspection, you must sign a Waiver of Inspection form and allow the Company to add this exception to your Policy. The entire premium for a Policy must be paid when the Policy is issued. You will not owe any additional premiums unless you want to increase your coverage at a later date and the Company agrees to add an Increased Value Endorsement. FORM T-7: Commitment for Title Insurance 20-0290 Title Insurance Information COMMITMENT FOR TITLE INSURANCE (FORM T-7) SCHEDULE A ° Issued By CHICAGO TITLE INSURANCE COMPANY Effective Date: January 29, 2020 GF No.: 20-0290 Commitment No. 20-0290, issued February 5, 2020, 8:00 AM 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: $1,545,000.00 PROPOSED INSURED: City of Fort Worth Texas, a Home Rule Municipal Corporation 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: CLEARFORK RETAIL DEVELOPMENT COMPANY, LLC, a Texas limited liability company FORM T-7: Commitment for Title Insurance 20-0290 Schedule A SCHEDULE A (Continued) 4. Legal description of land: BEING a portion of Block 1, Overton South Addition, (Block 1) Fort Worth. Tarrant County, Texas according to the Plat recorded in Volume 388-89, Page 4 of the Plat Records of Tarrant County, Texas (PRTC) and as described in the Deed to the Young Men's Christian Association of Metropolitan Fort Worth (YMCA) recorded in Volume 5349, Page 308 of the Deed Records of Tarrant County, Texas (DRTC), save and except, that portion of the said Block 1 Overton South Addition, described in the Deed to the City of Fort Worth recorded in D214241954 DRTC (Fort Worth tract), said tract being tied to the Texas Coordinate System using RTK surveying methods tied to the SmartNet Network tied to reference Station No 2308, bearings are grid and distances are horizontal ground measurements, said tract being more particularly described as follows: BEGINNING a found capped iron pin (CIP)for the south corner of the said Block 1, being the northwest intersection of Barwick Drive and Westhaven Drive West, said point being on a curve from which the center bears S 48' 37 08"W, 475.31ft; THENCE northwest with said curve along the northeast right-of-way of the Barwick Drive, through a central angle of 3° 16' 51"for a distance of 117.89ft to a point, from which a found 5/8in iron pin bears S 41° 12'42" W, 0.62ft; THENCE N 300 40' 16" E with the west line of the said Block 1, 585.80ft to a point, from which a found CIP bears S 55'25' 28"W, 0.49ft; THENCE N 89' 53'44" E, 220.04ft to a point, from which a found CIP bears S 430 43' 06"W, 0.35ft, said point being the northwest corner of the said Fort Worth tract and being non-tangent to a curve from which the center bears S 890 47' 17" E, 218.03ft. THENCE southeasterly with the said curve and the western boundary of the said Fort Worth tract, through a central angle of 40' 03' 32", for a distance of 152.44ft to a point of compound curve, from which a found CIP bears S 38' 51' 09"W, 0.25ft and from which the center bears N 50' 10, 04" E, 533.57ft; THENCE continuing with the said western boundary of the said Fort Worth tract, through a central angle of 20' 08'47"for a distance of 187.62ft to a found CIP; THENCE S 59' 58' 44" E, with the said western boundary of the said Fort Worth tract, 60.56ft to a point in the original east boundary of the said Block 1, from which a found CIP bears N 7° 06' 32"W, 0.19ft; THENCE S 0° 01' 16"W, with the said east line of Block 1, 149.21ft to a found 5/8inch iron pin being in the north right-of-way of the said Westhaven Drive West; THENCE N 620 30'44"W, with the said north line of Westhaven Drive. 54.25ft to a point from which a found 5/8inch iron pin bears N 25' 20' 10"W, 0.28ft said point being the beginning of a curve from which the center bears S 27*29' 16" E, 475.31ft; THENCE westerly with the said curve along the northerly line of the said Westhaven Drive, through a central angle of 75' 31' 58"for a distance of 626.60ft to a found bent 5/8inch iron pin; THENCE S 41° 57' 16"W 94.75ft to the place of beginning and containing 4.672 acres of land. NOTE: THE COMPANY DOES NOT REPRESENT THAT THE ABOVE ACREAGE OR SQUARE FOOTAGE CALCULATIONS ARE CORRECT. FORM T-7: Commitment for Title Insurance 20-0290 Schedule A SCHEDULE B Commitment No.: 20-0290 GF No.: 20-0290 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: Covenants as recorded in Volume 388-89, Page 4, Deed Records of Tarrant County, Texas, but omitting any covenant or restriction based on race, color, religion, sex, handicap, familial status or national origin unless and only to the extent that said covenant (a) is exempt under Chapter 42, Section 3607 of the United States Code or(b) related to the handicap but does not discriminate against handicapped persons. 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's 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's Policy only.) 5. Standby fees, taxes and assessments by any taxing authority for the year 2020, 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 Loan Policy (T-2R) is issued, that policy will substitute "which become due and payable subsequent to Date of Policy" in lieu of "for the year 2020, and subsequent years.") 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 Loan Title Policy Binder on Interim Construction Loan only, and may be deleted if satisfactory evidence is furnished to us before a binder is issued.) FORM T-7: Commitment for Title Insurance 20-0290 Schedule 8 SCHEDULE B (Continued) 8. Liens and leases that affect the title to the land, but that are subordinate to the lien of the insured mortgage. (Applies to Loan Policy(T-2) only.) 9. The Exceptions from Coverage and Express Insurance in Schedule B of the Texas Short Form Residential Loan Policy of Title Insurance (T-2R). (Applies to Texas Short Form Residential Loan 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 Loan Policy of Title Insurance(T-2R). 10. The following matters and all terms of the documents creating or offering evidence of the matters: a. Intentionally deleted. b. All leases, grants, exceptions or reservations of coal, lignite, oil, gas and other minerals,together with all rights, privileges and immunities relating thereto, appearing in the Public Records whether listed in Schedule"B"or not. There may be leases, grants, exceptions or reservations of mineral interest that are not listed. C. Rights of parties in possession. (Owners Policy Only) d. A variable width drainage and utility easement along the Northwest, North and most Easterly side(s)of the property, as shown by plat recorded in Volume 388-89, Page 4, Deed Records of Tarrant County, Texas, and shown on survey plat dated January 30, 2020 prepared by J.B. Davies, III, Registered Professional Land Surveyor No. 4368. e. A 10 foot wide sanitary sewer easement across the property, as shown by plat recorded in Volume 388-89, Page 4, Deed Records of Tarrant County, Texas, and shown on survey plat dated January 30, 2020 prepared by J.B. Davies, III, Registered Professional Land Surveyor No. 4368. f. A 15 foot wide drainage easement across the Southeast portion of the property, as shown by plat recorded in Volume 388-89, Page 4, Deed Records of Tarrant County, Texas, and shown on survey plat dated January 30, 2020 prepared by J.B. Davies, III, Registered Professional Land Surveyor No. 4368. g. A 20 foot by 20 foot public open space restriction and/or easement over the most Southerly corner(s) of the property, as shown by plat recorded in Volume 388-89, Page 4, Deed Records of Tarrant County, Texas, and shown on survey plat dated January 30, 2020 prepared by J.B. Davies, III, Registered Professional Land Surveyor No. 4368. h. Notice(s) of any law, ordinance, permit, fees or governmental regulation (including building and zoning) restricting, regulating, prohibiting or relating to the occupancy, use, or enjoyment of the property, as noted and/or shown on plat recorded in Volume 388-89, Page 4, Deed Records of Tarrant County, Texas. i. Intentionally deleted. j. Intentionally deleted. k. Intentionally deleted. FORM T-7: Commitment for Title Insurance 20-0290 Schedule B SCHEDULE B (Continued) I. Terms, conditions, stipulations of, and easements granted by Drainage Ditch Maintenance Agreement, recorded in Volume 5636, Page 327, Deed Records of Tarrant County, Texas, and noted on survey plat dated January 30, 2020, prepared by J.B. Davies, III, Registered Professional Land Surveyor No. 4368. m. Easement for right-of-way granted to TEXAS ELECTRIC SERVICE COMPANY by instrument recorded in Volume 5703, Page 35, Deed Records of Tarrant County, Texas, and shown on survey plat dated January 30, 2020 prepared by J.B. Davies, III, Registered Professional Land Surveyor No. 4368. n. Easement for right-of-way granted to TEXAS ELECTRIC SERVICE COMPANY by instrument recorded in Volume 7510, Page 2341, Deed Records of Tarrant County, Texas, and noted on survey plat dated January 30, 2020 prepared by J.B. Davies, III, Registered Professional Land Surveyor No. 4368. o. Terms, conditions, and stipulations of Oil, Gas and Mineral Lease dated May 4, 2007, filed for record under Clerk's File No. D207188510, as affected in instrument recorded under Clerk's File No. D220024367, Deed Records of Tarrant County, Texas. Title to said Lease has not been checked subsequent to the date of recording of said Lease. P. Easement for permanent sewer and right of way filed for record under Clerk's File No. D209192967, Deed Records of Tarrant County, Texas, and shown on survey plat dated January 30, 2020 prepared by J.B. Davies, III, Registered Professional Land Surveyor No. 4368. q. Rights of tenants in possession, as tenants only, under any unrecorded leases or rental agreements. r. Consequences, if any, including rights and interests of others, arising out of or evidenced by the following matters as disclosed on the survey dated January 30, 2020, prepared by J.B. Davies, III, Registered Professional Land Surveyor No. 4368: 1) Underground sewer lines as evidenced by a sanitary sewer clean out along the South property line. 2) Overhead electrical lines, power poles, anchors and guys along the North and Northwest property lines. 3) A chain link fence inside and outside of the North, Northwest, Northeast, East and South property lines. S. Any and all exceptions which may appear filed of record between January 31, 2020 and the certification date hereof. FORM T-7: Commitment for Title Insurance 20-0290 Schedule B SCHEDULE C Commitment No.: 20-0290 GF No.: 20-0290 Your Policy will not cover loss, costs, attorney's 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. OTHER SPECIFIC EXCEPTIONS: a. i. Unless otherwise requested in writing prior to closing of the subject transaction, all Endorsements to each Loan Policy of Title Insurance issued pursuant to this Commitment able to be incorporated by reference will be so incorporated in each said Loan Policy. ii. The Company shall follow the Rules as set out by the Texas Department of Insurance in disbursing the funds provided by the Assured and/or Insured on Schedule A of this Commitment. Good Funds shall be as defined in Rule P-27; however, the Company requires that such funds be "collected funds" prior to disbursement, except for funds delivered to the Company by bank wire, cashier's check or cash. The Company does not accept any ACH (Automated Clearing House) funds of any type or form. The Company's wire transfer instructions are attached to this commitment. iii. Your policy will contain an arbitration provision. It allows you or the Company to require arbitration if the amount of insurance is $2,000,000 or less. If you want to retain your right to sue the Company in case of a dispute over a claim, you must request deletion of the arbitration provision before the policy is issued. You can do this by signing the enclosed form and returning it to the Company at or before the closing of your real estate transaction. (Not applicable to Residential Owner Policy) iv. The Contract you entered into agreeing to purchase the property described in Schedule FORM T-7: Commitment for Title Insurance 20-0290 Schedule C SCHEDULE C (Continued) A of this Commitment may provide that the standard Owner Title Policy contains an exception as to "discrepancies, conflicts, shortages in area or boundary lines, encroachments or protrusions, or overlapping of improvements", and that Buyer, at Buyer's expense or at the expense of the party designated in the Contract, may have the exception amended to read, "shortages in area", thereby giving you coverage for these matters. Also, the Texas Title Insurance Information portion of this Commitment for Title Insurance advises the Insured that the Policy will insure against loss because of such discrepancies or conflicts in boundary lines, encroachment or protrusions, or overlapping of improvements, so long as a survey is provided that is acceptable to the Company, and an additional premium for the coverage is paid. The Owner Policy of Title Insurance to be issued in this transaction will contain the coverage described in the above paragraph, and, unless the Contract provides otherwise, the Insured will be charged the additional premium promulgated by the Texas Department of Insurance, unless an acceptable survey is not furnished, or, on or before the date of closing, the Insured advises the Company in writing that the Insured rejects this coverage. (Applies to the Owner Title Insurance Policy only) V. The Texas Title Insurance Information portion of this Commitment advises the Insured that the Policy is not an abstract of title and that the Company does not have an obligation to determine the ownership of any mineral interest(s). In addition, it states that minerals and mineral rights may not be covered by the Policy and that the Company may include an exclusion or exception as to minerals and mineral rights in the Policy. In the event the Company issues the Policy with an exclusion or exception to mineral and mineral rights, optional endorsements insuring certain risks involving minerals and the use of improvements (excluding lawns, shrubbery and trees) and permanent buildings, as applicable for the nature of the property to be insured, may be available upon payment of an additional premium. However, if the Policy is issued with an exclusion or exception as to minerals and mineral rights, neither this Policy, nor the optional endorsements insure that the Insured has title to the minerals or mineral rights related to the surface estate. The Owner's Policy of Title Insurance to be issued in this transaction will contain the coverage described in the above paragraph, and the Insured will be charged the additional premium promulgated by the Texas Department of Insurance, unless, on or before the date of closing, (i) the Company chooses not to issue such coverage or, (ii) the Insured advises the Company in writing that the Insured rejects this coverage. (Applies to the Owner's Policy of Title Insurance only.) vi. All oil, gas, and/or other reservations created at closing of the subject transaction shall be included as an exception in the Policy/Policies issued. vii. This transaction may be subject to a confidential order issued pursuant to the Bank Secrecy Act. Information necessary to comply with the confidential order must be provided prior to the closing. This transaction will not be insured until this information is submitted, reviewed and found to be complete. FORM T-7: Commitment for Title Insurance 20-0290 Schedule C SCHEDULE C (Continued) viii. Notwithstanding any other requirements made herein - For entities purchasing, borrowing, refinancing, or selling real property, the Company will require evidence that verifies the entity's validity, good standing or ability to conduct business in the State of Texas. Further requirements will be made to verify who has authority to sign on behalf of the entity and that the proposed transaction has been authorized. 6. No outstanding voluntary liens are found of record affecting the subject property. Inquire into the existence of any unrecorded liens or other indebtedness which could give rise to a security interest in the subject property. 7. This Commitment is issued subject to the examination of a fully executed sales contract. 8. Company requires for its review satisfactory copy of the"Articles of Organization", the Operating Agreement and the regulations of the limited liability company, any amendment thereof, a certificate of good standing, and satisfactory evidence of authority of the officers, managers, or members to execute the documents. FORM T-7: Commitment for Title Insurance 20-0290 Schedule C SCHEDULE D Commitment No.: 20-0290 GF No.: 20-0290 Pursuant to the requirements of Rule P-21, Basic Manual of Rules, Rates and Forms for the writing of Title Insurance in the State of Texas, the following disclosures are made: 1. The issuing Title Insurance Company, Chicago Title Insurance Company, is a corporation whose shareholders owning or controlling, directly or indirectly, 10%of said corporation, directors and officers are listed below: Shareholders: Fidelity National Title Group, Inc.which is owned 100%by FNTG Holdings, LLC which is owned 100% by Fidelity National Financial, Inc. Directors: Edson N. Burton, Jr., Marjorie Nemzura, Michael J. Nolan, Anthony J. Park, Raymond R. Quirk Officers: President, Raymond R. Quirk, Executive Vice President, Anthony J. Park, Secretary, Marjorie Nemzura, Treasurer, Daniel K. Murphy 2. The following disclosures are made by the Title Insurance Agent issuing this commitment: RATTIKIN TITLE COMPANY, a Texas corporation, Title Insurance Agent The names of each shareholder, owner, partner, or other person having, owning or controlling one (1) percent or more of the Title Insurance Agent that will receive a portion of the premium are as follows: Jack Rattikin III, Alicia Rattikin Lindsey, Jeffrey Alan Rattikin and Allyson Rattikin Grona. The names of the president, the executive or senior vice-president, the secretary and the treasurer of Rattikin Title Company: Jack Rattikin, Jr., Chairman of the Board; Jack Rattikin III, President and CEO; Brian Grona, Senior Vice President; Richard M. Miles, Senior Vice President; Mellisa DeBlasi, Vice President and Controller;. Diane Harris, Senior Vice President and Secretary; Jack Rattikin, Jr., Director; Jack Rattikin III, Director; Alicia Rattikin Lindsey, Director; Jeffrey Alan Rattikin, Director; and Allyson Rattikin Grona, Director 3. You are entitled to receive advance disclosure of settlement charges in connection with the proposed transaction to which this commitment relates. Upon your request, such disclosure will be made to you. Additionally, the name of any person, firm or corporation receiving any sum from the settlement of this transaction will be disclosed on the closing or settlement statement. You are further advised that the estimated title premium* is: Owner's Policy $ 7,935.00 Endorsement Charges $ 1,240.25 Total $ 9,175.25 Of this total amount: 15% will be paid to the policy issuing Title Insurance Company; 85% will be retained by the issuing Title Insurance Agent; and the remainder of the estimated premium will be paid to other parties as follows: Amount To Whom For Services *The estimated premium is based upon information furnished to us as of the date of this Commitment for Title Insurance. Final determination of the amount of the premium will be made at closing in accordance with the Rules and Regulations adopted by the Commissioner of Insurance. This commitment is invalid unless the insuring provisions and Schedules A, B, and C are attached. FORM T-7: Commitment for Title Insurance 20-0290 Schedule D DELETION OF ARBITRATION PROVISION (Not applicable to the Texas Residential Owner's Policy) Commitment No.: 20-0290 GF No.: 20-0290 ARBITRATION is a common form of alternative dispute resolution. It can be a quicker and cheaper means to settle a dispute with your Title Insurance Company. However, if you agree to arbitrate, you give up your right to take the Title Insurance Company to court and your rights to discovery of evidence may be limited in the arbitration process. In addition, you cannot usually appeal an arbitrator's award. Your policy contains an arbitration provision (shown below). It allows you or the Company to require arbitration if the amount of insurance is $2,000,000 or less. If you want to retain your right to sue the Company in case of a dispute over a claim, you must request deletion of the arbitration provision before the policy is issued. You can do this by signing this form and returning it to the Company at or before the closing of your real estate transaction or by writing to the Company. The arbitration provision in the Policy is as follows: "Either the Company or the Insured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Title Association ("Rules"). Except as provided in the Rules, there shall be no joinder or consolidation with claims or controversies of other persons. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Insured arising out of or relating to this policy, any service in connection with its issuance or the breach of a policy provision, or to any other controversy or claim arising out of the transaction giving rise to this policy. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured, unless the _.Insured is an individual person (as distinguished from an Entity). All arbitrable matters when the Amount of Insurance is in excess of$2,000,000 shall be arbitrated only when agreed to by both the Company and the Insured. Arbitration pursuant to this policy and under the Rules shall be binding upon the parties. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court of competent jurisdiction." SIGNATURE DATE FORM T-7: Commitment for Title Insurance 20-0290 Deletion of Arbitration Provision Rattikin Title Company PRIVACY STATEMENT Rattikin Title Company and its subsidiaries ("RTC") respect the privacy and security of your non-public personal information ("Personal Information") and protecting your Personal Information is one of our top priorities. This Privacy Statement explains RTC's privacy practices, including how we may use the Personal Information we receive from you and from other specified sources, and to whom it may be disclosed. RTC follows the privacy practices described in this Privacy Statement and, depending on the business performed, RTC companies may share information as described herein. Personal Information Collected We may collect Personal Information about you from the following sources: • Information we receive from you on applications or other forms, such as your name, address, social security number, tax identification number, asset information, and income information; • Information we receive 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; • Information about your transactions with or services performed by us, our affiliates, or others, such as information concerning your policy, premiums, payment history, information about your home or other real property, information from lenders and other third parties involved in such transaction, account balances, and credit card information; and • Information we receive from consumer or other reporting agencies and publicly recorded documents. Disclosure of Personal Information We may provide your Personal Information (excluding information we receive from consumer or other credit reporting agencies) to various individuals and companies, as permitted by law, without obtaining your prior authorization. Such laws do not allow consumers to restrict these disclosures. Disclosures may include, without limitation, the following: • To insurance agents, brokers, representatives, support organizations, or others to provide you with services you have requested, and to enable us to detect or prevent criminal activity, fraud, material misrepresentation, or nondisclosure in connection with an insurance transaction; • To third-party contractors or service providers for the purpose of determining your eligibility for an insurance benefit or payment and/or providing you with services you have requested; • To an insurance regulatory authority, or a law enforcement or other governmental authority, in a civil action, in connection with a subpoena or a governmental investigation; • To companies that perform marketing services on our behalf or to other financial institutions with which we have joint marketing agreements; and/or • To lenders, lien holders, judgment creditors, or other parties claiming an encumbrance or an interest in title whose claim or interest must be determined, settled, paid or released prior to a title or escrow closing. We may also disclose your Personal Information to others when we believe, in good faith, that such disclosure is reasonably necessary to comply with the law or to protect the safety of our customers, employees, or property and/or to comply with a judicial proceeding, court order or legal process. Disclosure to Affiliated Companies - We are permitted by law to share your name, address and facts about your transaction with other RTC companies, such as insurance companies, agents, and other real estate service providers to provide you with services you have requested, for marketing or product development research, or to market products or services to you. We do not, however, disclose information we collect from consumer or credit reporting agencies with our affiliates or others without your consent, in conformity with applicable law, unless such disclosure is otherwise permitted by law. Disclosure to Nonaffiliated Third Parties -We do not disclose Personal Information about our customers or former customers to nonaffiliated third parties, except as outlined herein or as otherwise permitted by law. Privacy Statement 20-0290 Confidentiality and Security of Personal Information We restrict access to Personal Information about you to those employees who need to know that information to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard Personal Information. Access to Personal Information/ 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, RTC'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 such requests. Please send requests to: Rattikin Title Company 201 Main Street, Suite 800 Fort Worth, Texas, 76102 Attn: Diane Harris 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 above, indicates the last time this Privacy Statement was revised or materially changed. Privacy Statement 20-0290 EXHIBIT C Exhibits A and B to Special Warranty Deed [Attached] FIRST AMENDMENT TO CONTRACT OF SALE AND PURCHASE AND ESCROW AGREEMENT L\00112\0074\14C9894.DOCX EXHIBIT C EXHIBIT A Legal Description of the Property BOUNDARY DESCRIPTION FOR 4,672 AC TRACT A PORTION OF BLOCK 1 OVERTON SOUTH ADDITION FORT WORTH TARRANT COUNTY TEXAS BEING a portion of Block 1,Overton South Addition,(Block 1)Fort Worth,Tarrant County,Texas according to the Plat recorded in Volume 386-89,Page 4 of the Plat Records of Tarrant County,Texas (PRTC)and as described in the Deed to the Young Men's Christian Association of Metropolitan Fort Worth(YMCA)recorded in Volume 5349,Page 308 of the Deed Records of Tarrant County,Texas (DRTC),save and except,that portion of the said Block 1 Overton South Addition,described in the Deed to the City of Fort Worth recorded in D214241954 DRTC(Fort Worth tract),said tract being tied to the Texas Coordinate System using RTK surveying methods tied to the SmartNet Network tied to reference Station No 2308,bearings are grid and distances are horizontal ground measurements,said tract being more particularly described as follows: BEGINNING a found capped iron pin(CIP)for the south comer of the said Block 1,being the northwest Intersection of Barwick Drive and Westhaven Drive West,said point being on a curve from which the center bears S48'37'08`W,475.31ft; THENCE northwest with said curve along the northeast right-of-way of the Barwick Drive,through a central angle of 3016*51"for a distance of 117.89ft to a point,from which a found 518in Iron pin bears 841'1242W,0.62ft; THENCE N30'40'16"E with the west line of the said Block 1,585.80ft to a point,from which a found CIP bears S55T6'28'W,0.491t; THENCE N89'53'44'E,220.04ft to a point,from which a found CIP bears S43°43'06"W,0.35ft,said point being the northwest comer of the said Fort Worth tract and being non-tangent to a curve from which the center bears S89'47'17"E,218.03ft. THENCE southeasterly with the said curve and the western boundary of the said Fort Worth tract, through a central angle of 40'03'32 for a distance of 152.44ft to a point of compound curve,from which a found CIP bears S38'51'09'W,0.25ft and from which the center bears N50'10'04"E,533.57ft; THENCE continuing with the said western boundary of the said Fort Worth tract,through a central angle of 20'08'47'for a distance of 187.62ft to a found CIP; THENCE S59'58'44-E,with the said western boundary of the said Fort Worth tract,60.56ft to a point In the original east boundary of the said Block 1,from which a found CIP bears N7'06'32"W,0.19ft,, THENCE S0*01'16'W,with the said east line of Block 1 ,149.21ft to a found 5f8inch iron pin being in the north right-of-way of the said Westhaven Drive West; THENCE N62'30'44`W,with the said north line of Westhaven Drive,54.25ft to a point from which a found 518inch iron pin bears N25°20'10'W.0.28ft said point being the beginning of a curve from which the center bears S27'29'16'E,475.31ft THENCE westerly with the said curve along the northerly line of the said Westhaven Drive,through a central angle of 75'31'58"for a distance of 626.60ft to a found bent 518inch iron pin; THENCE S41'67'16'W,94.75ft to the place of beginning and containing 4.672 acres of land. J B Davies Inc ., January 30,2020 TxBPLS No 10159100 * '- SPECIAL WARRANTY DEED I:\00112\0074\14B9981.DOCX Exhibit A EXHIBIT B Permitted Encumbrances 1. Covenants as recorded in Volume 388-89, Page 4, Deed Records of Tarrant County, Texas, but omitting any covenant or restriction based on race, color, religion, sex, handicap, familial status or national origin unless and only to the extent that said covenant (a) is exempt under Chapter 42, Section 3607 of the United States Code or (b) related to the handicap but does not discriminate against handicapped persons. 2. The following matters and all terms of the documents creating or offering evidence of the matters: a. Intentionally deleted. b. All leases, grants, exceptions or reservations of coal, lignite, oil, gas and other minerals, together with all rights, privileges and immunities relating thereto, appearing in the Public Records whether listed in Exhibit B or not. C. Intentionally deleted. d. A variable width drainage and utility easement along the Northwest, North and most Easterly side(s) of the property, as shown by plat recorded in Volume 388- 89, Page 4, Deed Records of Tarrant County, Texas, and shown on survey plat dated January 30, 2020, prepared by J.B. Davies, III, Registered Professional Land Surveyor No. 4368. e. A 10 foot wide sanitary sewer easement across the property, as shown by plat recorded in Volume 388-89, Page 4, Deed Records of Tarrant County, Texas, and shown on survey plat dated January 30, 2020, prepared by J.B. Davies, III, Registered Professional Land Surveyor No. 4368. f. A 15 foot wide drainage easement across the Southeast portion of the property, as shown by plat recorded in Volume 388-89, Page 4, Deed Records of Tarrant County, Texas, and shown on survey plat dated January 30, 2020, prepared by J.B. Davies, III,Registered Professional Land Surveyor No. 4368. g. A 20 foot by 20 foot public open space restriction and/or easement over the most Southerly corner(s) of the property, as shown by plat recorded in Volume 388-89, Page 4, Deed Records of Tarrant County, Texas, and shown on survey plat dated January 30, 2020, prepared by J.B. Davies, III, Registered Professional Land Surveyor No. 4368. h. Notice(s) of any law, ordinance, permit, fees or governmental regulation (including building and zoning) restricting, regulating, prohibiting or relating to the occupancy, use, or enjoyment of the property, as noted and/or shown on plat SPECIAL WARRANTY DEED 1:\00112\0074\14B9981.DOCX Exhibit B—Page 1 recorded in Volume 388-89, Page 4, Deed Records of Tarrant County, Texas. i. Intentionally deleted. j. Intentionally deleted. k. Intentionally deleted. 1. Terms, conditions, stipulations of, and easements granted by Drainage Ditch Maintenance Agreement, recorded in Volume 5636, Page 327, Deed Records of Tarrant County, Texas, and shown on survey plat dated January 30, 2020, prepared by J.B. Davies, III, Registered Professional Land Surveyor No. 4368. M. Easement for right-of-way granted to TEXAS ELECTRIC SERVICE COMPANY by instrument recorded in Volume 5703, Page 35, Deed Records of Tarrant County, Texas, and shown on survey plat dated January 30, 2020, prepared by J.B. Davies, III,Registered Professional Land Surveyor No. 4368. n. Easement for right-of-way granted to TEXAS ELECTRIC SERVICE COMPANY by instrument recorded in Volume 7510, Page 2341, Deed Records of Tarrant County, Texas, and shown on survey plat dated January 30, 2020, prepared by J.B. Davies, III,Registered Professional Land Surveyor No. 4368. o. Terms, conditions, and stipulations of Oil, Gas and Mineral Lease dated May 4, 2007, filed for record under Clerk's File No. D207188510, Deed Records of Tarrant County, Texas. P. Easement for permanent sewer and right of way filed for record under Clerk's File No. D209192967, Deed Records of Tarrant County, Texas, and shown on survey plat dated January 30, 2020, prepared by J.B. Davies, III, Registered Professional Land Surveyor No. 4368. q. Intentionally deleted. r. Consequences, if any, including rights and interests of others, arising out of or evidenced by the following matters as disclosed on the survey dated January 30, 2020, prepared by J.B. Davies, IIl, Registered Professional Land Surveyor No. 4368: 1) Underground sewer lines as evidenced by a sanitary sewer clean out along the South property line. 2) Overhead electrical lines, power poles, anchors and guys along the North and Northwest property lines. 3) A chain link fence inside and outside of the North,Northwest, East and South property lines. SPECIAL WARRANTY DEED IA00112\0074\14B9981.DOCX Exhibit B—Page 2