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R-01-07-12-11D4 - 7/12/2001 RESOLUTION NO. R-01-07-12-11D4 WHEREAS, Tom Armstrong and wife, Cheryl Ann Armstrong desire to purchase from the City of Round Rock a 0 . 9514 acre tract of land, and a 0 .2730 acre tract of land, which tracts are adjacent to property they currently own, and WHEREAS, the City of Round Rock desires to sell said property to the Armstrongs, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Real Estate Contract with Tom Armstrong and wife, Cheryl Ann Armstrong for the sale of the above described property, a copy of said Real Estate Contract being attached hereto and incorporated herein for all purposes . The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act . RESOLVED this 12th day of Ju , 20 1 . RO T A. STLUKA, UR. , Mayor AT EST: City of Round Rock, Texas or F JOUNNE LAND, City Secretary 0:\WPDOCS\RESOLUTI\R10712D4.WPD/SC REAL ESTATE CONTRACT State of Texas County of Williamson THIS CONTRACT OF SALE ("Contract" ) is made by and between the City of Round Rock, a Texas Home Rule City, of 221 E. Main St . , Williamson County, Texas (referred to in this Contract as "Seller" ) and, Tom Armstrong and wife Cheryl Ann Armstrong, of 3805 Trevino Dr. , Round Rock, Williamson County, Texas (referred to collectively in this Contract as "Purchaser" ) , upon the terms and conditions set forth in this Contract . ARTICLE I PURCHASE AND SALE By this Contract, Seller sells and agrees to convey, and Purchaser purchases and agrees to pay for, two tracts of land situated in Williamson County, Texas, being more particularly described Exhibit "A" and Exhibit "B" attached to and incorporated in this Contract by reference for all purposes, being referred to in this Contract as the "Property" , together with any improvements, fixtures, and personal property situated on and attached to the Property, for the consideration and upon and subject to the terms, provisions, and conditions set forth below. ARTICLE II PURCHASE PRICE Amount of Purchase Price 2 . 01 . The purchase price for the Property shall be the sum of Thirteen Thousand Five Hundred and no/100 Dollars ($13 , 500 . 00) . Payment of Purchase Price 2 . 02 . The Purchase Price shall be payable in cash at the closing. ::ODMA\WORLDOX\O:\WDOX\CORR\GNL\ARMSTRON\00006324.WPD/515 1 ARTICLE III CLOSING Closing Date 3 . 01 . The closing shall be held at the office of Austin Title Company, 101 E. Old Settlers Blvd, Suite 100, Round Rock, Texas, on or before August 1, 2001, or at such time, date, and place as Seller and Purchaser may agree upon (which date is herein referred to as the "closing date" ) . Seller' s Obligations at Closing 3 . 02 At the closing Seller shall : (1) Deliver to Purchaser a duly executed and acknowledged Special Warranty Deed conveying good and marketable title in fee simple to all of the Property, subject to any and all liens, encumbrances, conditions, easements, assessments, and restrictions shown of record. (2) Deliver to Purchaser a Texas Owner' s Title Policy at Purchaser' s sole expense, issued by Austin Title Company, in Purchaser' s favor in the full amount of the purchase price, insuring Purchaser' s fee simple title to the Property. (3) Deliver to Purchaser possession of the property. Purchaser' s Obligations at Closing 3 . 03 . At the Closing, Purchaser shall pay the cash portion of the purchase price . Closing Costs 3 . 04 . All costs and expenses of closing in consummating the sale and purchase of the Property shall be borne and paid as follows : Owner' s Title Policy paid by Purchaser; Escrow fee paid by Purchaser; and Attorney' s fees paid by each respectively 2 ARTICLE IV REAL ESTATE COMMISSIONS It is understood and agreed that there are no brokers involved in the negotiation and consummation of this Contract . Each of the parties represents to the other that it has not incurred and will not incur any liability for brokerage fees or agent' s commissions in connection with this Contract . ARTICLE V ESCROW DEPOSIT For the purpose of securing the performance of Purchaser under the terms and provisions of this Contract, Purchaser has delivered to Austin Title Company, the sum of One Thousand Dollars ($1, 000) , the Escrow Deposit, which shall be paid by the title company to Seller in the event Purchaser breaches this Contract as provided in Article VII hereof . At the closing, the Escrow Deposit shall be paid over to Seller and applied to the cash portion of the purchase price. ARTICLE VI BREACH BY SELLER In the event Seller shall fail to fully and timely perform any of its obligations hereunder or shall fail to consummate the sale of the Property for any reason, except Purchaser' s default, Purchaser may (1) request that the Escrow Deposit shall be forthwith returned by the title company to Purchaser; or (2) bring suit for damages against Seller. ARTICLE VII BREACH BY PURCHASER In the event Purchaser should fail to consummate the purchase of the Property, and Seller not being in default hereunder, Seller shall have the right to (1) bring suit for damages against Purchaser; or (2) receive the Escrow Deposit from the title company, the sum being agreed on as liquidated damages for the failure of Purchaser to perform the duties, liabilities, and obligations imposed upon it by the terms and provisions of this Contract, and Seller agrees to accept and take this cash payment as 3 its total damages and relief and as Seller' s sole remedy hereunder in such event . ARTICLE VIII MISCELLANEOUS Assignment of Contract 8 . 01 . This Contract may not be assigned without the express written consent of Seller. Survival of Covenants 8 . 02 . Any of the representations, warranties, covenants, and agreements of the parties, as well as any rights and benefits of the parties, pertaining to a period of time following the closing of the transactions contemplated hereby shall survive the closing and shall not be merged therein. Notice 8 . 03 . Any notice required or permitted to be delivered hereunder shall be deemed received when sent by United States mail, postage prepaid, certified mail, return receipt requested, addressed to Seller or Purchaser, as the case may be, at the address set forth opposite the signature of the party. Texas Law to Apply 8 . 04 . This Contract shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Williamson County, Texas . Parties Bound 8 . 05 . This Contract shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors and assigns where permitted by this Contract . 4 Legal Construction 8 . 06 . In case any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal, or unenforceable in any respect, this invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Contract shall be construed as if the invalid, illegal, or unenforceable provision had never been contained herein. Prior Agreements Superseded 8 . 07 . This Contract constitutes the sole and only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. Time of Essence 8 . 08 . Time is of the essence in this Contract . Gender 8 . 09 . Words of any gender used in this Contract shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise. Memorandum of Contract 8 . 10 . Upon request of either party, both parties shall promptly execute a memorandum of this Contract suitable for filing of record. Compliance 8 . 11 . In accordance with the requirements of Section 20 of the Texas Real Estate License Act, Purchaser is hereby advised that they should be furnished with or obtain a policy of title insurance or Purchaser should have the abstract covering the Property examined by an attorney of Purchaser' s own selection. 5 SELLER CIT F OUND ROC , TEXA By. &rt Stluka, Qr. , Mayor Dated this 12 day of July, 2001 P;'�SER Tom Armstrong Chery Ann Armstron Dated this& iay of June, 2001 6 CRICHTON AND ASSOCIATES LAND SURVEYORS 107 NORTH LAMPASAS ROUND ROCK,TEXAS 78664 512-244-3395 FIELD NOTES "TRACT V FIELD NOTES FOR A 0.9514 ACRE TRACT BEING A PORTION OF A 65.0798 ACRE TRACT CALLED"TRACT 2"AND CONVEYED TO THE CITY OF ROUND ROCK IN VOLUME 2060 PAGE 401 WILLIAMSON COUNTY,TEXAS OFFICIAL RECORDS.SAID TRACT MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS. Beginning at a%2"rebar set on the South R.O.W.of Bobby Jones Way and at the Northeast comer of Lot 16 Block C Forest Creek Phase 6A a subdivision recorded in Cabinet O Slide 369 Plat Records of Williamson County, Texas for the Northwest comer of this tract and the POINT OF BEGINNING. THENCE S 88'47'04"E with the South R.O.W.of Bobby Jones Way also being the North line of this tract 159.80 feet to a%:"rebar set for the Northeast comer of this tract. THENCE through the interior of said 65.0798 acre tract the following two(2)courses. 1) S 04°04'49"W,257.61 feet to a%:"rebar set for the Southeast corner of this tract.. 2) S 60° 18-46"W,308.44 feet to a''/2"rebar found at the most Southerly corner of Lot 14-A Block C Amending Plat of Lots 14 and 15,Block C,Forest Creek Phase 6A a subdivision recorded in Cabinet R Slide 138 Plat Records of Williamson County,Texas for the Southwest corner of this tract. THENCE with the East line said Lot 14-A also being the West line of this tract the following two(2) courses. I) N 52- 12'48"E,197.49 feet to a%x"rebar found at the most Easterly corner of said Lot 14-A also being an interior comer of this tract. 2) N 05°29'36"W,164.66 feet to a%"rebar found at the Northeast comer of said lot 14-A also being the Southeast comer of said Lot 16 for a point on the West line of this tract. THENCE with the East line said Lot 16 also being the West line of this tract the following two(2)courses. 1) N 05-27'05"W, 120.62 feet to a%"rebar found. 2) N 16°06'06"W,8.45 feet to the POINT OF BEGINNING and containing 0.9514 acres more or less. I hereby certify that the foregoing field notes were prepared from a survey on the ground,under my supervision and are true and correct,to the best of my knowledge and belief. Witness my hand and seal this the 12th day of Jan.,2001 Richard Brock R.P.L.S.#5288 F i • RICHARDBROCK• }' 5288 •SU�J EXHIBIT "All CRICHTON AND ASSOCIATES LAND SURVEYORS 107 NORTH LAMPASAS ROUND ROCK,TEXAS 78664 512-244-3395 FIELD NOTES FIELD NOTES FOR A 0.2730 ACRE TRACT BEING A PORTION OFA TRACT 2" 65.0798 ACRE TRACT CALLED"TRACT 2"AND CONVEYED TO THE CITY OF ROUND ROCK IN VOLUME 2060 PAGE 401 WILLIAMSON COUNTY,TEXAS OFFICIAL RECORDS,SAID TRACT MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS. Commencing at a%,"rebar set on the South R.O.W.of Bobby Jones Way and at the Northeast corner of Lot 16 Block C Forest Creek Phase 6A a subdivision recorded in Cabinet O Slide 369 Plat Records of Williamson County,Texas. THENCE S 88o 47'04"E with the South R.O.W.of Bobby Jones Way also being the North line of a previously described 0.9514 acre tract 159.80 feet to a%:"rebar set for the Northwest corner of this tract and the POINT OF BEGINNING. THENCE with the South line of Bobby Jones Way also being the North line of this tract the following two (2)courses. 1) S 88-47'04"E,49.52 feet to a%z"rebar found at a point of curve to the right. 2) With said curve to the right whose elements are Delta=38°33'57",R=391.63,L=263.61 and whose Chord bears S 69°31'12"E,258.66 feet to a%:"rebar found at a point of compound curve. THENCE leaving the South R.O.W.of Bobby Jones Way with said curve to the right whose elements are Delta=91°07'20",R=20.00',L=31.8 P and whose Chord bears S 04'36'35"E,28.56 feet to a%z"rebar found the West R.O.W.of St.Andrews Drive. THENCE S 400 59'32"W with the West R.O.W.of St.Andrews Drive 90.45 feet to a%:"rebar found for the Southeast corner of this tract. THENCE through the interior of said 65.0798 acre tract the following five courses. 1) N 49-00'28"W,40.87 feet to a%z"rebar set at a point of non-tangent curve to the left. 2) with said curve to the left whose elements are Delta=98*04'58",R=38.51,L=65.93'and whose Chord bears N 17°32'52"E,58.17 feet to a%,"rebar set at a point of compound curve. 3) with said curve to the left whose elements are Delta=59° 13'21",R=188.94,L=195.29'and whose Chord bears N 61'06'17"W, 186.71 feet to a%"rebar set. 4) S 89- IT 03"W,59.19 feet to a/z"rebar set for a comer. EXHIBIT 5) N 04°04'49"E,16.59 feet to the POINT OF BEGINNING and containing 0.2730 acres more or less. I hereby certify that the foregoing field notes were prepared from a survey on the ground,under my supervision and are true and correct,to the best of my knowledge and belief. Witness my hand and seal this the 12th day of Jan.,2001 Richard Brock R.P.L.S.#5288 SOF ' IHAR»•»........... �tiso 5288 a��.Q. SURv� DATE: July 6, 2001 SUBJECT: City Council Meeting—July 12, 2001 ITEM: 11.D.4. Consider a resolution authorizing the Mayor to execute a Real Estate Contract with Tom Armstrong and wife, Cheryl Ann Armstrong for the sale of two tracts of land adjacent to property they currently own. Resource: Sharon Prete, Parks and Recreation Director History: Mr. Armstrong is interested in purchasing two tracts of land, one being .9514 acres and the other being 0.2730 acres, from the City that is adjacent to his lot and the Forest Creek Golf Course. He plans to landscape the area and add a fountain. To sell this property will not adversely affect the Golf Course. Funding: Cost: $13,500.00 Source of funds: Mr. Armstrong Outside Resources: N/A Impact: The area is unsightly and difficult to maintain and considered an eye sore by the neighborhood. Benefit: This land, that has no value to the City, will be owned, developed and maintained by Mr. Armstrong. Public Comment: The Forest Creek Homeowners Association supports this project. Sponsor: PARD/Public Works/Legal CRICHTON AND ASSOCIATES LAND SURVEYORS 107 NORTH LAMPASAS ROUND ROCK, TEXAS 78664 512-244-3395 FIELD NOTES "TRACT V FIELD NOTES FOR A 0.9514 ACRE TRACT BEING A PORTION OF A 65.0798 ACRE TRACT CALLED"TRACT 2"AND CONVEYED TO THE CITY OF ROUND ROCK IN VOLUME 2060 PAGE 401 WILLIAMSON COUNTY,TEXAS OFFICIAL RECORDS. SAID TRACT MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS. Beginning at a%2"rebar set on the South R.O.W. of Bobby Jones Way and at the Northeast corner of Lot 16 Block C Forest Creek Phase 6A a subdivision recorded in Cabinet O Slide 369 Plat Records of Williamson County, Texas for the Northwest corner of this tract and the POINT OF BEGINNING. THENCE S 880 47'04"E with the South R.O.W. of Bobby Jones Way also being the North line of this tract 159.80 feet to a %2"rebar set for the Northeast corner of this tract. THENCE through the interior of said 65.0798 acre tract the following two(2)courses. 1) S 04° 04'49" W,257.61 feet to a'/2"rebar set for the Southeast corner of this tract.. 2) S 60° 18'46" W,308.44 feet to a'/2"rebar found at the most Southerly corner of Lot 14-A Block C Amending Plat of Lots 14 and 15,Block C,Forest Creek Phase 6A a subdivision recorded in Cabinet R Slide 138 Plat Records of Williamson County,Texas for the Southwest corner of this tract. THENCE with the East line said Lot 14-A also being the West line of this tract the following two(2) courses. 1) N 52° 12'48"E, 197.49 feet to a'/2"rebar found at the most Easterly corner of said Lot 14-A also being an interior corner of this tract. 2) N 05° 29'36" W, 164.66 feet to a'/2"rebar found at the Northeast corner of said lot 14-A also being the Southeast corner of said Lot 16 for a point on the West line of this tract. THENCE with the East line said Lot 16 also being the West line of this tract the following two(2)courses. 1) N 05° 27'05" W, 120.62 feet to a'/2"rebar found. 2) N 160 06'06" W, 8.45 feet to the POINT OF BEGINNING and containing 0.9514 acres more or less. I hereby certify that the foregoing field notes were prepared from a survey on the ground,under my supervision and are true and correct,to the best of my knowledge and belief. Witness my hand and seal this the 12th day of Jan.,2001 Richard Brock R.P.L.S.#5288 � F i • M. N...M........... • RICHARD•BROCK• 9 5288 P,.•'Q 9.j�•.°.�e s s�°k.•�O EXHIBIT "An CRICHTON AND ASSOCIATES LAND SURVEYORS 107 NORTH LAMPASAS ROUND ROCK, TEXAS 78664 512-244-3395 FIELD NOTES FIELD NOTES FOR A 0.2730 ACRE TRACT BEING A PORTION OF A "TRACT 2" 65.0798 ACRE TRACT CALLED"TRACT 2"AND CONVEYED TO THE CITY OF ROUND ROCK IN VOLUME 2060 PAGE 401 WILLIAMSON COUNTY,TEXAS OFFICIAL RECORDS. SAID TRACT MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS. Commencing at a %2"rebar set on the South R.O.W. of Bobby Jones Way and at the Northeast corner of Lot 16 Block C Forest Creek Phase 6A a subdivision recorded in Cabinet O Slide 369 Plat Records of Williamson County, Texas. THENCE S 880 47'04"E with the South R.O.W. of Bobby Jones Way also being the North line of a previously described 0.9514 acre tract 159.80 feet to a %z"rebar set for the Northwest corner of this tract and the POINT OF BEGINNING. THENCE with the South line of Bobby Jones Way also being the North line of this tract the following two (2)courses. 1) S 88° 47'04"E,49.52 feet to a%2"rebar found at a point of curve to the right. 2) With said curve to the right whose elements are Delta=38° 33'57",R=391.63,L=263.61 and whose Chord bears S 69° 31' 12"E,258.66 feet to a%2"rebar found at a point of compound curve. THENCE leaving the South R.O.W. of Bobby Jones Way with said curve to the right whose elements are Delta=91° 07'20",R=20.00',L=31.8P and whose Chord bears S 04° 36'35"E,28.56 feet to a'/2"rebar found the West R.O.W. of St.Andrews Drive. THENCE S 400 59'32" W with the West R.O.W. of St.Andrews Drive 90.45 feet to a%2"rebar found for the Southeast corner of this tract. THENCE through the interior of said 65.0798 acre tract the following five courses. 1) N 49- 00'28" W,40.87 feet to a %z"rebar set at a point of non-tangent curve to the left. 2) with said curve to the left whose elements are Delta=98° 04'58",R=38.51,L=65.93'and whose Chord bears N 17° 32'52"E, 58.17 feet to a'/2"rebar set at a point of compound curve. 3) with said curve to the left whose elements are Delta=59° 13'21",R= 188.94,L= 195.29'and whose Chord bears N 61° 06' 17" W, 186.71 feet to a%2"rebar set. 4) S 89° 17'03"W,59.19 feet to a %z"rebar set for a corner. EXHIBIT 11B1i 5) N 04° 04'49"E, 16.59 feet to the POINT OF BEGINNING and containing 0.2730 acres more or less. I hereby certify that the foregoing field notes were prepared from a survey on the ground,under my supervision and are true and correct,to the best of my knowledge and belief. Witness my hand and seal this the 12th day of Jan.,2001 Richard Brock R.P.L.S.#5288 OF • NH. ...N.............. ..H;..9,HARD. < 9 5288 r;' o��$$10�;O sua� ' COPY SPECIAL WARRANTY DEED Date: 2001 Grantor: CITY OF ROUND ROCK, TEXAS Grantor's Mailing Address (including county) : CITY OF ROUND ROCK, TEXAS 309 EAST MAIN ROUND ROCK, TEXAS 78664 WILLIAMSON COUNTY Grantee: TOM ARMSTRONG and CHERYL ANN ARMSTRONG Grantee's Mailing Address (including county) : TOM ARMSTRONG and CHERYL ANN ARMSTRONG COUNTY CONSIDERATION: TEN AND N0/100 DOLLARS and other good and valuable consideration. PROPERTY (including any improvements) : TRACT 1 : 0 . 9514 acre tract being a portion of a 65 . 0798 acre tract called "TRACT 2" and conveyed to the City of Round Rock in Volume 2060, Page 401, Official Records, Williamson County, Texas. Said tract being more particularly described by metes and bounds in Exhibit "A" attached hereto. TRACT 2 : 0 .2730 acre tract being a portion of a 65 . 0798 acre tract called "TRACT 2" and conveyed to the City of Round Rock in Volume 2060, Page 401, Official Records, Williamson County, Texas . Said tract being more particularly described by metes and bounds in Exhibit "B" attached hereto. RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY: Easements, rights-of-way, and prescriptive rights, whether of record or not; all presently recorded restrictions, reservations, covenants, conditions, oil, gas or other mineral leases, mineral severances, and other instruments, other than liens and conveyances, that affect the property; rights of adjoining owners in any walls and fences situated on a common boundary; any encroachments or overlapping of improvements; and taxes for the current year, the payment of which Grantee assumes . Grantor, for the consideration, receipt of which is acknowledged, and subject to the reservations from and exceptions to conveyance and warranty, grants, sells and conveys to Grantee the property, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and hold it to Grantee, Grantee ' s heirs, executor, C:\TEMP\00008389.WPD/kg administrators, successors or assigns forever. Grantor's heirs, executors, administrators and successors are hereby bound to warrant and forever defend all and singular the property to Grantee and Grantee 's heirs, executors, administrators, successors and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the reservations from and exceptions to conveyance and warranty, when the claim is by, through or under Grantor, but not otherwise. When the context requires, singular nouns and pronouns include the plural . CITY OF ROUND ROCK, TEXAS By 6 VM*, A—. STULKA, J Mayor ACKNOWLEDGMENT STATE OF TEXAS § § COUNTY OF WILLIAMSON § This instrument was acknowledged before me on the /& day of 2001, by ROBERT A. STULKA, JR. , Mayor of the CITY OF ROUND ROa, TEXAS, a Texas Home Rule Municipality, on behalf of said municipality. CHRISEFI#ITHER• Notam MyCom1-2003 o Notary Public, State of Texas PREPARED IN THE OFFICE OF: Sheets & Crossfield, P.C. 309 E. Main St . Round Rock, Texas 78664 AFTER RECORDING RETURN TO: Austin Title Company 101 E. Old Settler' s Blvd. Suite 100 Round Rock, Texas 78664 AFFIDAVIT AS TO DEBTS AND LIENS CITY OF ROUND ROCK STATE OF TEXAS COUNTY OF WILLIAMSON BEFORE ME, the undersigned authority on this day personally appeared the undersigned (hereinafter called Affiant whether one or more) each on his oath deposes and says, as follows: 1) Affiant is the owner of the following described property, to wit: TX 2) Affiant is desirous of selling/mortgaging the above described property and has requested AUSTIN TITLE COMPANY AND ITS UNDERWRITER to issue a title policy insuring the title of same to his purchaser/lender. 3) In connection with the issuance of such policy, Affiant make the following statement of facts: a) Affiant owes no past due Federal or State taxes and there are no delinquent Federal assessments presently existing against Affiant, and that no Federal or State liens have been filed against Affiant. b) There are no delinquent State, County, City, School District, Water District or other governmental agency taxes due or owing against said property and that no tax suit has been filed by any State, County, Municipal, Water District or other governmental agency for taxes levied against said property. c) All labors and materials used in the construction of improvements or repairs, if any, on the above described property have been paid for and there are now no unpaid labor or material claims against the improvements or repairs, if any, or the property upon which same are situated, and Affiant hereby declares all sums of money due for the erection of improvements or repairs, in any, have been fully paid and satisfied and there are no Mechanic's or Materialman's Liens against the hereinabove described property. d) No paving assessments or lien has been filed against the hereinabove described property and Affiant owes no paving charges. (CONTINUED ON FOLLOWING PAGE) e) There are no judgment liens filed against Affiant. f) There are no suits pending against Affiant in Federal or State Court. g) Affiant knows of no adverse claims to the hereinabove described property and, so far as Affiant knows, there are no encroachments or boundary conflicts. h) There are no outstanding home improvement loans, recorded or unrecorded, except as follows: NONE i) Affiant has not heretofore sold, contracted to sell or conveyed any part of said property other than in connection with this sale/mortgage. j) There are no unpaid debts for electric or plumbing fixtures, water heaters, floor furnaces, air conditioners, radio or television antennae, carpeting, rugs lawn sprinkler systems, venetian blinds, window shades, draperies, electric appliances, fences, street paving, or any personal property described above, and no such items have been purchased on time payment contracts, and there are no security interest on such property secured by financing statements, security agreements or otherwise except the following: SECURED PARTY AMOUNT: NONE k) There are no loans of any kind on such property except the following: CREDITOR AMOUNT: NONE 1) No liens have been filed by any city or municipality and no lien for assignments are currently pending against the property described in Item #1 of this Affidavit to secure the cost of renovation or removal of substandard improvements located on said property pursuant to Article 1175, subdivision 37, Revised Texas Statutes. (CONTINUED ON FOLLOWING PAGE) 4) Affiant recognized that but for making of the hereinabove statements of fact relative to the hereinabove described property, AUSTIN TITLE COMPANY and its Underwriter would not issue policies of title insurance for said property and that such statements have been made as a inducement for the issuance of such policies. WITNESS our hand this 2ND day of AUGUST 2001. CI F ROUND ROCK - - P0669r iq . (5?LV Je. ® SWORN TO AND SUBSCRIBED BEFORE ME by the said lot"- OF ROUND ROCK, TEXAS on this the to .,ate day of AUGUST 2001. s0'(PRY"Pue1h, 2! ,°►y CHRISTINE SPRECHER s , t NotaryPublic,State of Teas My Commission E�i25 01-11-2003 No't-airy Public in jndl for th State of CLOSING AFFIDAVIT SELLER/BUYE"ORROWER Title Company: Austin Title Company Guaranty File No. 222303-V Seller: City of Round Rock Buyer: Tom Armstrong and Cheryl Ann Armstrong Property: see attatch,ents A & B By initialing one or more of the following items as may be appropriate for this transaction, each Seller and/or Buyer/Borrower acknowledges their understanding of the disclosures being made by the Title Company and affirms the representations made to them by the Title Company as indicated below. Each such disclosure or representation may jointly benefit the Title Company, its title insurance underwriter-in-interest and the other party to the transaction. Singular reference to "Seller" and 'Buyer/Borrower" includes multiple individuals/entities identified above. Any numbered items) not applying to this transaction may be crossed out. Buyer's Initials 1. WAIVER OF INSPECTION. An exception to coverage for "Rights of Parties in Possession" will appear in the Owner Policy of Title Insurance to be issued. "Rights of Parties in Possession" means one or more persons who are themselves actually physically r occupying the Property, or a portion thereof,under a claim of right adverse to the record owner of the Property, including, but not limited to, open acts or visible evidence of occupancy and any visible and apparent roadway or easement on or across all or any part of the Property. This exception does not extend to any right, claim or interest evidenced by a document recorded in the official public records for the County in which the Property is located. You may refuse to accept an exception to "Rights of Parties in Possession", however, the Title Company may require an inspection and may charge for reasonable and actual costs to inspect. The Title Company may make additional exceptions for matters the inspection reveals. If you initial this paragraph, you waive inspection of the Property and you accept the exception in your Owner Policy of Title Insurance. Buyer agrees to be fully responsible for inspecting the Property to determine the rights of any party in possession and assumes full responsibility for obtaining possession from its present occupants, if any. Bu er's Initials 2. RECEIPT OF TITLE COMMITMENT. You acknowledge having received and reviewed a copy of the Title Commitment issued in connection with this transaction 1 and you understand that your Owner Policy of Title Insurance will contain the exceptions set / forth in Schedule B of the Title Commitment and any additional exceptions to title resulting from the documents involved in this transaction. You may desire to consult an attorney to discuss matters shown in Schedule B and/or Schedule C of the Title Commitment. These matters will affect your title and use of your Property. Your Owner Policy of Title Insurance will be a legal contract of indemnity between you and the Title Company. The Title Commitment and Owner Policy of Title Insurance are not abstracts of title, title reports or representations of title. The Title Company does not represent that your intended use of the Property is allowed under the law or under the restrictions or exceptions to title on your Property. Closing Affidavit Page 1 of 9 3. ACCEPTANCE OF SURVEY. Buyer has received and reviewed a copy of Buyer's Initials the survey of the Property made in connection with this transaction and acknowledges being x aware of the following matters of conflict, encroachment(s) and/or discrepancies disclosed by the / survey: V 4. UNSURVEYED PROPERTY. Buyer understands that a current survey of Buyer's Initials the Property has not been performed in connection with this transaction and that the Owner Policy of Title Insurance to be issued to Buyer will not provide title insurance coverage against encroachment(s) of improvements, boundary conflicts, or other matters that would be found by a current survey. The Title Company has not attempted to determine if the Property lies in a special flood hazard area and the Title Company has not made any representations concerning proximity of the Property in relation to any flood-plain or flood hazard area. Buyer is advised that information concerning special flood hazard areas may be available from county or municipal offices, a qualified surveyor, or land-engineering company, or a private flood plain consultant. 5. REFINANCE ONLY - SURVEY. The Borrower understands that in Borrower's connection with the pending refinance transaction, the Title Company has been requested to issue Initials a Mortgagee Policy of Title Insurance to the Lender, and to provide certain survey coverage therein as requested by the Lender. Such survey coverage requested by the Lender typically requires a new survey to be performed on the property. Borrower understands that if no structural changes have occurred on the Property since the date of the previous survey, Borrower may provide an affidavit to the Title Company, verifying that no changes have occurred, and a legible copy of the previous survey in lieu of a new survey being obtained. Borrower certifies that a true and correct copy of a survey dated , prepared by , Registered Public Land Surveyor, RPLS No. (hereafter referred to as the "Previous Survey" is attached hereto and that the pending refinance transaction will not cover any other property other than the Property described in the Previous Survey. Borrower hereby swears, under oath, that he/she/they have actual personal knowledge of the physical condition of the Property since the date of the Previous Survey and that no "structural" changes have been made to the Property since that date. "Structural" changes include,but are not limited to,the following: (i) improvements to the Property such as additional rooms, garages, new fence(s), new swimming pool,hot tub, and decking; (ii) alterations of the boundaries or fences of the Property; (iii) construction projects on immediately adjoining property(les) performed in or near the boundary of the Property; (iv) conveyance(s) or re-platting(s) or grants and/or dedication of easement(s) by the Borrower; or (v) any other changes to the Property which would be reflected by a current accurate survey. Closing Affidavit Page 2 of 9 6. PROPERTY TAX PRORATIONS. Property taxes for the current year Seller's Initials have been prorated between the Seller and the Buyer, who each hereby acknowledge their understanding that the Title Company has assembled the tax information from the best information available from other sources and that the prorations are based on either tax amounts for the preceding year or on estimates of the appraised value and/or on estimated tax rates for the current year. The Buyer understands that the preceding year's taxes may have been assessed on the basis of various exemptions obtained by the Seller(e.g. homestead, over-65, disabled veteran, agricultural or open space) and that the Buyer may not qualify to continue these exemptions, the removal of which can have a substantive impact on the taxes assessed for the current year, and that the Buyer is responsible for any additional taxes that may be charged due to the loss of such exemptions. The Seller understands and agrees that he/she/they are responsible for all taxes prior to the date of closing, including subsequent assessments for prior years (sometimes called roll- Buyer's Initials back taxes), and will make full settlement to the Buyer or the taxing authority or the Title Company. The Seller and the Buyer understand that the Title Company is not able to guarantee the accuracy of the tax amounts upon which the proration is based or the status of exemptions and that,when the exact taxes for the current year become known, the Seller and the Buyer will make any and all adjustments and/or re-prorations and reimbursements between themselves and that the Title Company shall have no further responsibility for the payment or collection of such taxes nor any liability or obligation with respect to any such adjustments and/or reimbursements. TAXES DUE FOR 2001 ARE THE RESPONSIBILITY OF THE LANDOWNER. 7. TAX RENDITION AND EXEMPTIONS. Although the Central Appraisal Buyer's Initials District (CAD) may independently determine the Buyer's new ownership and billing address through deed record research, the Buyer understands that he/she/they are obligated by law to "render" the Property for taxation, by notifying the CAD of the change in ownership of the Property and of the Buyer's proper address for tax billing. To the extent that the Buyer may qualify to continue any exemptions obtained by the Seller or be entitled to other exemptions, it is the responsibility of the Buyer to satisfy the requirements of the CAD within the time period allowed. The Buyer understands that the Title Company has no responsibility or obligation for the future accuracy of the CAD records concerning ownership, tax-billing address or qualification for exemptions. 8. OVER-65 EXEMPTION. The property taxes on the Property have been Buyer's Initials assessed with an over-65 exemption. If the Buyer is not entitled to this exemption, the CAD is authorized by law to remove the exemption as of the date of the sale and assess the taxes for the remainder of the year at the non-exempt rate. The taxing authorities may send a supplemental tax bill assessing the remainder of the current year's taxes without the exemption. The escrow account for taxes established by the Buyer with the lender, if any, may have been established using calculations based on the most recently available tax amounts, with the exemption. Once the new tax amounts are established, the Buyer understands that the lender may adjust the Buyer's escrow payment to reflect the increased tax amount and that Buyer is responsible for payment of such amounts. Closing Affidavit Page 3 of 9 Seller's Initials 9. AGRICULTURAL EXEMPTION. The Seller and the Buyer hereby acknowledge that they are aware that the Property is or has been subject to an agricultural or open space exemption on the tax roll. The Title Company assumes no responsibility for any future Buyer's Initials rollback taxes and the Buyer understands and agrees that Buyer is responsible for all future taxes assessed by the taxing authorities if the exemption is removed and the taxing authorities roll back taxes and that the Title Company shall have no liability and be held harmless by Buyer from any claim that may arise due to the removal of this exemption from the tax roll. 10. HOMEOWNER'S ASSOCIATION. The Buyer acknowledges notification Buyer's Initials that ownership of the Property involves membership in a Homeowner's or Property Owner's Association,to which monthly or annual dues or assessments may or will be owed, which may be X enforceable by a lien against the Property if not paid by Buyer. The Buyer understands that the Association (or its managing agent) should be contacted by the Buyer directly to ascertain the exact amount of future dues or assessments. The Title Company disclaims any knowledge of, and has made no representations with respect to, the Association's annual budget, pending repairs or deferred maintenance, if any, or other debts of the Association. The Buyer accepts sole responsibility to obtain such information and verify its accuracy to the Buyer's satisfaction. Seller's Initials 11. ACCEPTANCE OF REPAIRS. In the event that the Seller and the Buyer (nos.1l&12) have previously agreed upon Seller's obligation to perform certain repairs to the Property prior to closing, both parties affirm that all agreed upon repairs have been completed, and the Buyer has accepted such repairs as being completed to the Buyer's satisfaction. 12. REPAIRS SUBSEQUENT TO CLOSING. If the Seller and the Buyer have agreed upon Seller's obligation for certain repairs or other work affecting the Property, to be performed after closing, both the Seller and the Buyer acknowledge their understanding that the Title Company shall have no duty or responsibility concerning completion of such repairs and/or work, quality of workmanship or materials, timeliness of performance, or payment for such post- closing repairs and/or work to or on the Property. 13. SATISFACTORY COMPLETION OF IMPROVEMENTS. All Buyer/Borrower improvements and/or construction work made and/or performed for me/us on the Property by Initials Builder, per our contract with said Builder, have been fully completed to my/our satisfaction in accordance with the terms of the contract with the Builder and all bills for labor and materials have been fully paid. Closing Affidavit Page 4 of 9 14. MARITAL STATUS. My marital status 0 has changed Seller0 has not changed Initial)Borrower s (CHECK THE APPROPRIATE RESPONSE) since the date that I acquired the Property. X At the time I acquired this property I was: Dingle m❑ed to From the time I acquired the Property to the present time,I have: ❑remained single ❑mained married to ❑divorced(specify when, where and from whom) ❑remarried(specify when,where and with whom) ❑other(specify: i.e. widowed, etc.) I have also been known by the following names: BUYER'S 15. LIEN PAY-OFF AMOUNTS. The amount(s) due any lienholder was Initials furnished to the Title Company by the lienholder(s) and is good only through an anticipated X disbursement date. Should there be any discrepancies, the Title Company is hereby authorized to disburse any additional funds required by the lienholder(s) and adjust the net amount due the Seller by a like amount. Seller is aware that the lienholder(s) has furnished a statement showing amounts due to payoff existing lien(s). In the event a lienholder makes a demand for a greater amount than shown on the payoff statement and closing statement, the Seller hereby agrees to immediately tender such amount to the lienholder(s) and/or reimburse the Title Company for any funds advanced in order to cure any discrepancies or demand. Seller's Initials 16. NON-RESIDENT ALIEN. The Seller hereby certifies that he/she/they are not a non-resident alien for purposes of United State income taxation. 17. OWNER POLICY REJECTION. Pursuant to the requirement of Article 9.55 of the Texas Insurance Code, as amended, the undersigned Buyer hereby acknowledges that Buyer's Initials a Mortgagee Policy of Title Insurance to be issued under the Guaranty File Number referenced above, in consideration of$ premium is to be issued to the lender for the benefit X of the lender and that such policy does not afford title insurance coverage to the undersigned in the event of a defect in the title to the real estate which is being acquired. An Owner Policy in the amount of $ shall be issued for an additional premium cost of $ unless rejected hereby. ❑ The undersigned hereby reject the issuance of said Owner Policy. Closing Affidavit Page 5 of 9 18. CLOSING DISCLAIMER. The Seller and the Buyer each acknowledge Seller's Initials their understanding that the above-referenced transaction has not yet "closed". At this time, any change in possession of the Property takes place at Buyer's and Seller's own risk. This transaction has not "closed" until: (i) all title requirements are completed to the satisfaction of the Title Company; (ii) all necessary documents are properly executed, reviewed and accepted by the parties to this transaction and by the Title Company; (iii) all funds are collected and delivered to and accepted by the parties to whom they are due; and (iv) all necessary documents are filed of record in the appropriate public records. Buyer's Initials The Seller and the Buyer also understand that neither the Title Company nor its IV underwriter-in-interest is under any obligation to defend possession of the Property or to insure title to the Property until such time as the above-stated requirements have been V fulfilled. In the event that any of the documents prepared in connection with the closing of this transaction contain errors which misstate or inaccurately reflect the true and correct terms, conditions and provisions of this closing, whether due to clerical error or mistake on the part of the Seller, the Buyer, the Title Company and/or the lender, the undersigned agree to execute, in a timely fashion, such correction documents as the Title Company may deem necessary to remedy such inaccuracy or misstatement. Seller's Initials 19. DISCLOSURE REGARDING ESCROW FUNDS. All funds received in this transaction shall be deposited with other funds in one or more non-interest bearing escrow accounts of Escrow Agent in a state or national bank selected by Escrow Agent. Escrow Agent shall have no obligation to account to the parties to this transaction in any manner for the value of, or pay to such party any benefit received by Escrow Agent, directly or indirectly,by reason of the deposit of any such funds or the maintenance of such accounts with such bank. Those / Buyer's Initials benefits may include, without limitation, credits allowed by such bank on loans to Escrow V/ Agent's parent company and on accounting, reporting and other services. All parties depositing funds in connection with this escrow are hereby notified that the funds so deposited are insured only to the limit provided by the Federal Deposit Insurance Corporation. EXECUTED this 2nd day of August, 2001. qoER SIG ATURE(S): BUYER SIGNATU (S): f Round Rock U Tom Armstrong Cheryl VArmstrong Closing Affidavit Page 6 of 9 STATE OF Texas COUNTY OF Williamson SWORN TO AND SUBSCRIBED before me, N`1":Jqi1-Q- 4re6her , this day of August, 2001 bX CitX of Round Rock . CHRISTINE SPRECHER "°�pib °'T� OTARY PUBLIC- E OF TEXAS s �s wit bomsol-11-2aao STATE OF TEXAS COUNTY OF WILLIAMSON SWORN TO AND SUBSCRIBED before me, Susan Patterson, this 2nd day of August, 2001 by Tom Armstong and Cheryl Ann Armstrong. 1 IJ41 N TARY PUBLIC - STATE OF TEXAS SUSAN Par;E.Rso lv1ia9 "ily CO T 3 1S5i0N EXPIRESFebtuary 1,2004 E { Closing Affidavit Page 7 of 9 Form Approved UM8 NO.ZbUZ-ULbb A. U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT HUD-1 (3-86)RESPA, HB 4305.2 B. TYPE OF LOAN Cash AUSTIN 6. FILE NO. H 2001 RR 222303-V (215) TITLE COMPANY 7. LOAN NO. MORTGAGE INS. SETTLEMENT STATEMENT 8. CASE NO. C. NOTE: This form is furnished to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent are shown. Items marked "(p.o.c.)" were paid outside the closing: they are shown here for informational purposes and are not included in the totals: - -D. TOM ARMSTRONG CHERYL ARMSTRONG NAME OF BORROWER AND ADDRESS E. CITY OF ROUND ROCK NAME OF SELLER AND ADDRESS F. NAME OF LENDER AND ADDRESS G. PROPERTY LOT: BLOCK: ADDN: LOCATION CB/NCB: NN H. AUSTIN TITLE COMPANY SETTLEMENT AGENT 101 E. Old Settlers Blvd. PLACE OF SETTLEMENT Suite 100 Round Rock, Texas 78664 I. SETTLEMENT DATE AUGUST 02, 2001 PRORATION DATE K, Summary of Seller's Transaction 400, Gross Amount Due To Seller 401. Contract sales price I 13,500.00 402. Personal property 403. 404. 405. Adjustments for items paid by seller in advance 406. City/town taxes 407. County taxes 408. Assessments 409. I 410. 411. 412. - 420. Gross Amount Due To Seller I 13,500.00 500. Reductions In Amount Due To Seller 501. Excess deposit (see instructions) 502. Settlement charges to seller (line 1400) I 54.44 503. Existing loan(s) taken subject to 504. Payoff of first mortgage loan 505. Payoff of second mortgage loan 506. - ,507. I 508. 509. Adjustments for items unpaid by seller 510. City/town taxes 511. County taxes 512. Assessments 513. - I 514. - 515. 516. 517. 518. 519. 520. Total Reduction Amount Due Seller I 54.44 600. Cash At Settlement To/From Seller 601. Gross amount due to seller (line 420) I 13,500.00 602. Less reductions in amt. due seller (line 520) I 54.44 603. Cash To Seller 13,445.56 A. U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Form Approved OMB No.2502-0265HUD-1 (3-86)RESPA, HB 4305.2 B. TYPE OF LOAN Cash AUSTIN 6. FILE NO. H 2001 RR 222303-V (215) TITLE COMPANY 7. LOAN NO. MORTGAGE INS. SETTLEMENT STATEMENT 8. CASE NO. C. NOTE: This form is furnished to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent are shown. Items marked "(p.o.c.)" were paid outside the closing; they are shown here for informational purposes and are not included in the totals. - -. D. TOM ARMSTRONG CHERYL ARMSTRONG NAME OF BORROWER AND ADDRESS E. CITY OF ROUND ROCK NAME OF SELLER AND ADDRESS F. NAME OF LENDER AND ADDRESS G. PROPERTY LOT: BLOCK: ADDN: LOCATION CB/NCB: NN H. AUSTIN TITLE COMPANY SETTLEMENT AGENT 101 E. Old Settlers Blvd. PLACE OF SETTLEMENT Suite 100 Round Rock, Texas 78664 I. SETTLEMENT DATE AUGUST 02, 2001 PRORATION DATE J. Summary of Borrower's Transaction 100. GROSS AMOUNT DUE FROM BORROWER 101. Contract sales price I 13,500.00 102. Personal property I 103. Settlement charges to borrower (line 1400) I 415.00 104. 105. I I Adjustments for items paid by seller in advance 106. City/town taxes 107. County taxes 108. Assessments 109, 110, 111. 112. 120. Gross Amount Due From Borrower 13,915.00 200. Amounts Paid By Or In Behalf Of Borrower 201. Deposit or earnest money I 1,000.00 202. Principal amount of new loan(s) 203. Existing loan(s) taken subject to 204. 205. 206. 207. 208. 209. Adjustments for items unpaid by seller 210. City/town taxes 211. County taxes 212. Assessments 213. I 214. - - 215. 216. 217. 218. 219. 220. Total Paid By/For Borrower I 1,000.00 300. Cash At Settlement From/To Borrower 301. Gross Amount due from borrower (line 120) 13,915.00 302. Less amounts paid by/for borrower (line 220) I 1.000.00 303. Cash From Borrower 12.915.00 PAID FROM PAID FROM BORROWER'S SELLER'S FUNDS FUNDS FILE NUMBER: 222303-V AT SETTLEMENT AT SETTLEMENT L. Settlement Charges 700, Total Sales/Brokers Commission based on price @ %= I I Division of Commission (line 700) as follows: I I 701. $ I I 702. $ I I 703. Commission paid at Settlement I I 704. I I 800. Items Payable In Connection With Loan 801. Loan Origination Fee I I 802. Loan Discount I 803. Appraisal Fee I 804. Credit Report I I 805._ Lender's Inspection Fee I 806. Mortgage Ins. App. Fee I I 807. Assumption Fee I I 808. I I 809. I I 810. I I 811. I I 900. Items Required By Lender To Be Paid In Advance 901. Interest fro t @$ /day I I 902. Mortgage Insurance Premium for I I 903. Hazard Insurance Premium for I I 904. I 905. I I 1000. Reserves Deposited With Lender 1001. Hazard insurance months @$ per month I I 1002. Mortgage insurance months @$ per month I I 1003. City property taxes months @$ per month 1004. County property taxes months @$ per month I 1005. Annual assessments months @$ per month 1006. months @$ per month I I 1007. months @$ per month I I 1008. months @$ per month I I 1009. AGGREGATE ADJUSTMENT months @$ per month I 00 I 00 1100. Title Charges 1101. Settlement or closing fee I I 1102. Abstract or title search I I 1103. Title examination I I 1104. Title insurance binder I I 1105. Document preparation 70.00 I (p o c ) 1106. _ Notary fees I I 1107. Attorney's fees I I 1108. Title Insurance AUSTIN TITLE COMPANY 298.00 (includes above item numbers: 1101, 1102, 1103) I I 1109. Lender's coverage I I 1110. Owners coverage 13,500.00 I I 1111. Escrow fees AUSTIN TITLE COMPANY I 100.00 1112. Restrictions I I 1113. I I 1114. Tax Certificate TEXAS TAX COMPANY 54,44 1200. Government Recording and Transfer Charges 1201. Recording fees: Warranty Deed AUSTIN TITLE COMPANY I 17.00 1202. City/county/stamps: Deed $ ;Mortgage $ 1203. State tax/stamps: Deed $ :Mortgage $ I I 1204. Delivery Fee I I 1205. 1300. Additional Settlement Charges 1301. Survey 1302. Pest inspection I I 1303. 1304. 1305. 1400, Total Settlement Charges 415.00 54.44 LeatLeir on lines 103, Section J and 502, Section K) I I SellerPurchaser L CI UND OC TOM ARMSTRONG -"7 Seller ra�' CHERYL MSTRONG UUNIINULU UN NLXI HAUL SETTLEMENT CHARGES CONT. FILE NUMBER: 222303-V The undersigned 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 he furnished a copy of this Statement. The undersigned understands that tax and insurance prorations and reserves were based on figures for the preceding year or supplied by others or estimates for the current year, and in the event of any change for the current year, all necessary adjustments must be made between Purchaser and Seller direct. The undersigned hereby authorizes TITLE CO. to make expenditures and disbursements as shown above and approves same for payment. We acknowledge receipt of a copy of the SETTLEMENT STATEMENT. WARNING: It is a crime to knowingly make false statements to the United States on this or any other similar form. Penalties upon conviction can include a fine or imprisonment. For details see: Title 18 U.S. Code Section 1001 and Section 1010. Sell e )IIPurchaser C OUND OC TOM ARMSTRONG SellerAX ( Purchaser CHERYL TRONG We hereby certify that this is a true and correct Statement of the transaction as closed. Escrow Officer AUSTIN TITLE COMPANY