Authorized Signature
FORM: Commitment for Title Insurance (Rev. 11/1/09)
FORM: Commitment for Title Insurance (Rev. 11/1/09)
FORM: Commitment for Title Insurance (Rev. 11/1/09)
FORM: Commitment for Title Insurance (Rev. 11/1/09)
FORM: Commitment for Title Insurance (Rev. 11/1/09)
SIERRA TITLE INSURANCE GUARANTY COMPANY, INC.
SCHEDULE A
Effective Date: October 23, 2024 GF No.: 0003202611
Commitment No. 0003202611, issued October 30, 2024, 08:00 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:
PROPOSED INSURED:
b. TEXAS RESIDENTIAL OWNER'S POLICY OF TITLE INSURANCE
ONE-TO-FOUR FAMILY RESIDENCES (Form T-1R)
Policy Amount: $0.00
PROPOSED INSURED: Luis A Delgado Canchola and Anakaren Cantu
c. LOAN POLICY OF TITLE INSURANCE (Form T-2)
Policy Amount: $206,196.00
PROPOSED INSURED: Lower, LLC DBA Hamilton Home Mortgage
Proposed Borrower: Luis A Delgado Canchola and Anakaren Cantu
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:
RUBEN RODRIGUEZ and LUDIVINA RODRIGUEZ
4. Legal description of land:
Lot 5, Block 10, PLANTATION SOUTH SUBDIVISION UNIT NO. 1, an Addition to the City of Pharr, Hidalgo
County, Texas, according to the Vacating and Resubdivision Plat or Map thereof recorded in Volume 24, Page
93, Map Records of Hidalgo County, Texas.
FORM T-7: Commitment for Title Insurance 0003202611
Schedule A
SCHEDULE B
Commitment No.: 0003202611 GF No.: 0003202611
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:
Restrictions recorded in Volume 1823, Page 600, Deed Records of Hidalgo County, Texas, amendment
thereof recorded in Volume 3050, Page 830, Volume 3075, Page 266 and in the By-Laws dated March 20,
2006, filed for record in the Office of the County Clerk of Hidalgo County, Texas, on June 20, 2006, under
Clerk's File No. 1622709, amended by instruments filed for record on February 6, 2013, under Clerk's File
No. and by instrument filed for record on February 13, 2014, under Clerk's File No. 2486259, but omitting
any covenant condition or restriction, if any, based on race, color, religion, sex, handicap, familial status,
or national origin unless and only to the extent that the covenant, condition or restriction (a) is exempt
under Title 42 of the United States Code, or (b) relates to handicap, but does not discriminate against
handicapped persons
(Omitting any covenant or restriction based on race, color, religion, sex, disability, handicap,
familial status or national origin.)
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 2024, and subsequent years;
and subsequent taxes and assessments by any taxing authority for prior years due to change in land
usage or ownership, but not those taxes or assessments for prior years because of an exemption granted
to a previous owner of the property under Section 11.13, Texas Tax Code, or because of improvements
not assessed for a previous tax year. (If Texas Short form Residential 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
2024, and subsequent years.")
6. The terms and conditions of the documents creating your interest in the land.
FORM T-7: Commitment for Title Insurance 0003202611
Schedule B
SCHEDULE B
(Continued)
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.)
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. Rights of Parties in Possession. (APPLIES TO OWNER'S POLICY ONLY)
b. Right-of-way easement reserved for Utility Purposes as contained in Restrictions recorded in
Volume 1823, Page 600, Deed Records of Hidalgo County, Texas.
c. Right-of-Way Easement granted by W.B. Borman to Valley Industrial Gas Co., by instrument
dated August 2, 1959, recorded in Volume 958, Page 317, Deed Records of Hidalgo County,
Texas.
d. Agreement dated December 14, 1982, between Central Power and Light Company and
Cummings and Perry, Inc., recorded in Volume 1822, Page 43, Deed Records of Hidalgo County,
Texas.
e. Right-of-Way Easement granted by Cummings & Perry, Inc. to Central Power and Light Company,
by instrument dated January 5, 1983, recorded in Volume 1837, Page 411, Deed Records of
Hidalgo County, Texas.
f. Ten feet (10.0') utility easement along the rear line of the subject land according to the Map or Plat
thereof, filed for record in Volume 24, Page 93, Map Records Hidalgo County, Texas.
g. Easements, rights, rules and regulations in favor of Hidalgo County Irrigation District No. 2.
h. Easements or claims of easements which are not a part of the public record.
i. Ten feet (10.0') building set back line along the front and rear line of the subject land according to
the Map or Plat thereof, filed for record in Volume 24, Page 93, Map Records Hidalgo County,
Texas.
Eighteen (18') garage setback line along the front of the subject land according to the Map or Plat
thereof, filed for record in Volume 24, Page 93, Map Records Hidalgo County Texas
Six (6') building setback line along the southerly side line of the subject land according to the Map
or Plat thereof, filed for record in Volume 24, Page 93, Map Records Hidalgo County Texas
FORM T-7: Commitment for Title Insurance 0003202611
Schedule B
SCHEDULE B
(Continued)
j. Oil and Gas Lease dated September 19, 1975, recorded in Volume 356, Page 45, Oil and Gas
Lease Records of Hidalgo County, Texas.
k. All oil, gas, and other minerals reserved and/or conveyed in Deed dated September 6, 1973,
recorded in Volume 1383, Page 183, Deed Records of Hidalgo County, Texas.
l. All oil, gas, and other minerals reserved and/or conveyed in Mineral Deed dated August 21, 1947,
Oil and Gas Records of Hidalgo County, Texas.
m. Liens for assessment as set out in Restrictions recorded in Volume 1823, Page 600, Deed
Records of Hidalgo County, Texas and as set out in the By-Laws filed for record in the Office of
the County Clerk of Hidalgo County, Texas, on June 20, 2006, under Clerk's File No. 1622709,
and by amended instrument filed for record in the Office of the County Clerk of Hidalgo County,
Texas, on February 13, 2014, under Clerk's File No. 2486259.
n. Any and all liens arising by reason of unpaid bills or claims for work performed or materials
furnished in connection with improvements placed, or to be placed, upon the subject land.
However, the Company does insure the Insured against loss, if any, sustained by the Insured
under this policy if such liens have been filed with the County Clerk of Hidalgo County, Texas,
prior to the date hereof.
Liability hereunder at the date hereof is limited to $ . Liability shall increase as contemplated
improvements are made, so that any loss payable hereunder shall be limited to said sum plus the
amount actually expended by the Insured as improvements at the time the loss occurs. Any
expenditures made for improvements, subsequent to the date of this policy, will be deemed made
as of the date of this policy. In no event shall the liability of the Company hereunder exceed the
face amount of this policy.Nothing contained in this paragraph shall be construed as limiting any
exception or any printed provision of this policy.
(OWNER POLICY ONLY)
(EXCEPTION MAY BE DELETED IF PROPOSED TRANSACTION DOES NOT INCLUDE COST
OF CONTEMPLATED IMPROVEMENTS, CONSTRUCTION OR REPAIRS).
o. Any and all liens arising by reason of unpaid bills or claims for work performed or materials
furnished in connection with improvements placed, or to be placed, upon the subject land.
However, the Company does insure the Insured against loss, if any, sustained by the Insured
under this Policy if such liens have been filed with the County Clerk of Hidalgo County, Texas,
prior to the date heretofrom;
Pending disbursement of the full proceeds of the loan secured by the lien instrument set forth
under Schedule A hereof, this policy insures only to the extent of the amount actually disbursed,
but increases as each disbursement is made in good faith and without knowledge of any defects
in, or objections to, the title up to the face amount of the policy. Nothing contained in this
paragraph shall be construed as limiting any exception under Schedule B, or any printed provision
of this policy.
(LOAN POLICY ONLY)
(EXCEPTION MAY BE DELETED IF PROPOSED TRANSACTION DOES NOT INCLUDE COST
OF CONTEMPLATED IMPROVEMENTS, CONSTRUCTION OR REPAIRS AND LOAN
PROCEEDS ARE FULLY DISBURSED).
FORM T-7: Commitment for Title Insurance 0003202611
Schedule B
SCHEDULE B
(Continued)
p. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the title
that would be disclosed by an accurate and complete land survey of the land.
(Note: Upon receipt of a survey acceptable to Company, this exception will be deleted. Company
reserves the right to add additional exceptions per its examination of said survey.)
FORM T-7: Commitment for Title Insurance 0003202611
Schedule B
SCHEDULE C
Commitment No.: 0003202611 GF No.: 0003202611
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. There are numerous Abstracts of Judgment, State Tax Liens, and/or Federal Tax Liens against individuals
whose first name is Ruben, with various initials, all with the same last name of Rodriguez. Company
requires that it be provided with further identifying information such as Ruben Rodriguez's date of birth,
driver's license number, and/or social security number for further examination and possible additional
requirements. (record owner)
6. In connection with Bankruptcy Suit filed by Mayra Ludivina Rodriguez, on October 2, 2023, under Cause
No. 23-70202-M13. REQUIRE satisfactory evidence that proposed purchaser is not involved; otherwise,
please advise for additional requirements.
7. REQUIRE payment of all current and previous years' assessments and/or maintenance fees (due
pursuant to the Homeowner's Association) and receipts/certificates indicating that same have been paid.
8. This Title Company has been informed that the City of Pharr issues Weedy Lot Liens, Demolition Liens,
etc. for work done to clean up Lots in its City; however, the City of Pharr does not file those liens of record
at the Office of the County Clerk of Hidalgo County, Texas. Examination of the County Clerk Records did
not reveal any City of Pharr issued liens. Inquiry must be made concerning the existence of any
unrecorded lien(s) in favor of the City of Pharr; or, any other indebtedness due the City of Pharr, that could
give rise to any interest claim in and to the subject property. The contact people at the City of Pharr Code
Compliance Department are Lilia Arechiga and Roxanne Gonzalez.They can be reached at
Lilia.Arechiga@pharr-tx.gov & Roxanne.Gonzalez@pharr-tx.gov or (956) 402-4222. Sierra Title Closing
Team and/or outside of Office (customer) closing Attorney, Lender, et al, must conduct its due diligence in
securing written evidence from the City of Pharr, for its (out of Office Closer) file and the Sierra Title of
FORM T-7: Commitment for Title Insurance 0003202611
Schedule C
SCHEDULE C
(Continued)
Hidalgo County, Inc. file, evidencing that no monies are due. If it is determined that monies are due,
Company procedures for collection of payoff amounts and securing those funds and paying them off at
closing must be adhered to.
9. (Upon delivery of an acceptable approved survey) An acceptable approved survey having been furnished,
and upon payment of the applicable premium in the case of an Owner Policy, Item 2 of Schedule B will be
amended to read in its entirety: Shortages in area.
10. In accordance with Procedural Rule P-30 (Guaranty Assessment Recoupment Charge), a Policy Guaranty
Fee of $2.00 for each Owner's Policy and Loan Policy issued must be collected at time of closing and
remitted by the Title Company on all transactions closed on or after May 1, 2019. The Policy Guaranty
Fee will be disclosed on the Closing Disclosure and/or the Texas Disclosure Form (Form T-64) as
appropriate.
11. Title Company reserves the right to revise any proposed insuring provision herein or make additional
requirements upon its review of any additional documentation or information, including but not limited to a
qualified approved survey.
12. Beginning January 1, 2004, all deeds, mortgages, and deeds of trust must include the following Notice on
the front of the documents:
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR
STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED
FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVERS
LICENSE NUMBER.
13. NOTICE TO BUYER: This property is being purchased by a contract referred to as a TREC contract.
Pursuant to Section 6b of said contract, Seller is to deliver to Buyer this Commitment of Title Insurance,
and, at Buyer's expense, copies of documents listed as exceptions in this Title Commitment. If Buyer
wishes delivery of such documents, Buyer must supply the Title Company with a written request for such
documents. Upon receipt of such written request, the Title Company will prepare and estimate of such
cost, and upon payment of said cost, will deliver such documents.
14. The Earnest Money Contract you entered into to purchase the land, may provide that the standard title
policy contains an exception as to discrepancies, conflicts, shortages in area or boundary lines,
encroachments or protrusions, or overlapping improvements, and that Parties, at Parties expense, may
have the exception amended to read, shortages in area, thereby giving you coverage for those matters.
The Texas Title Insurance Information portion of the Commitment for Title Insurance advises that an
Owner's Policy will insure against loss because of discrepancies or conflicts in boundary lines,
encroachments or protrusions, or overlapping improvements if an additional premium for the coverage.
Any Owner's Policy issued in connection with the closing of the proposed transaction will contain this
coverage and an additional premium will be charged unless on or before the date of closing the Company
is advised in writing that this coverage is rejected.
15. NOTICE TO LENDER: If lender requires verification of the length of time current owner has been vested
in title, Title Company will supply lender with copies of said vesting Deed or Deeds at NO CHARGE. If a
complete chain of Title is requested from the Title Company for any specific time period, the Title
Company will charge a fee for said chain of title.
FORM T-7: Commitment for Title Insurance 0003202611
Schedule C
SCHEDULE D
Commitment No.: 0003202611 GF No.: 0003202611
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:
A-1. The following individuals are Directors and/or Officers of SIERRA TITLE INSURANCE GUARANTY
COMPANY, INC.:
DIRECTORS OFFICERS
John Robert King John Robert King President
Elizabeth King Elizabeth King Vice President/Secretary
John C. DeLoach John C. DeLoach Chief Underwriting Officer
Jordan R. King Jordan R. King Treasurer
William D. Moschel
Neel Fulghum III
A-2. The following individuals and entities are shareholders owning or controlling, directly or indirectly, ten
percent (10%) or more of the shares of SIERRA TITLE INSURANCE GUARANTY COMPANY, INC.
John R. and Elizabeth King; Sierra Title Company, Inc.; Sierra Title of Hidalgo County, Inc.; Sierra Title
Company of Cameron, Willacy & Kenedy Counties, Inc.
A-3. Individuals, firms, partnerships, associations, corporations, trusts or other entities owning ten percent
(10%) or more of those entities referred to in item no. A-2 herein above as of the last day of the year
preceding the date hereinabove set forth are as follows:
John King; Elizabeth King; W. D. Moschel; James M. Moffitt.
2. As to Sierra Title of Hidalgo County, Inc. (Title Insurance Agent), the following disclosures are made:
B-1. Shareholders, owners, partners or other persons having, owning or controlling 1% or more of Title
Insurance Agent are as follows: James M. Moffitt, John Robert King, Elizabeth King, W. D. Moschel,
Lynda Moore, Estate of Sadie Friedrichs.
B-2. Shareholders, owners, partners, or other persons having, owning or controlling 10% or more of any entity
that has, owns, or controls 1% or more of Title Insurance Agent are as follows:
B-3. If Title Insurance Agent is a corporation, the following is a list of the members of the Board of Directors:
James M. Moffitt, W. D. Moschel, John Robert King.
B-4. If Title Insurance Agent is a corporation, the following is a list of its officers:
John Robert King Chief Executive Officer Marielsa Pulido Vice President, Operations
Elizabeth Anné King Chief Operations Officer, Matthew T. Wilson Vice President, Escrow
Secretary, Treasurer James M. Moffitt Chairman of the Board
W.D. Moschel Vice President
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.
FORM T-7: Commitment for Title Insurance 0003202611
Schedule D
SCHEDULE D
(Continued)
You are further advised that the estimated title premium* is:
Loan Policy $ 1,492.00
Endorsement Charges $ 119.60
Total $ 1,611.60
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
% Services Rendered
*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 0003202611
Schedule D
DELETION OF ARBITRATION PROVISION
(Not applicable to the Texas Residential Owner's Policy)
Commitment No.: 0003202611 GF No.: 0003202611
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."
October 31, 2024
SIGNATURE DATE
FORM T-7: Commitment for Title Insurance 0003202611
Deletion of Arbitration Provision