NCSC Updates: Emails from the Title company

[Murali Adhikari]

Dear Community Members   Sub: Our correspondance with title company   Below you can see many email correspondances between me, land owner, and his attorney, that address question of mineral rights, deeds, restrictions etc of land.  I have been consistently writing them that "we can ONLY buy land with 100% clear record"     so far, every things look fine. Here - I got email from title company it says that "Our title policy will be issued to guarantee clear title to the property"   This is very assuring. However, if you still can find some issues in the land (see lot of files in the previous email), I would be glad to raise that with land owner and title company   Wishing all of you a great day   Murali         --- On Tue, 3/2/10, Donna Jackson <djac...@vc-title.com> wrote: From: Donna Jackson <djac...@vc-title.com> Subject: RE: RE: Euless Minerals [IWOV-INTERWOVEN.FID232323] To: "Murali Adhikari" <muralia...@yahoo.com> Date: Tuesday, March 2, 2010, 8:37 AM Good morning, Murali.   Yes, it is my understanding that I will have a release from Amegy Bank prior to or at closing that releases the lien shown on the title commitment.  I don’t have it just yet, but that is not unusual.   Question for you- the additional endorsement that Blake wrote to you about (T-19) is currently not on the closing statement.  I will need to add this charge to your costs if you want us to issue the endorsement with regard to the surface waiver.  Please let me know and I will adjust the closing statement.   You really do not have many documents to sign since you are paying cash for the property.  Our title policy will be issued to guarantee clear title to the property.  This covers the time prior to you owning the property.  Anything that happens after you purchase the property would be something you will deal with, unless it was prior to you owning.   I also need to know who is signing for the entity.  Can you forward that information to me?   Let me know if you have any further questions.   Donna Jackson SVP and Commercial Escrow Officer Vandiver & Castleman Land Title Company 7500 San Felipe #1020 Houston, Texas 77063 713-589-9000 (main) 713-589-9002 (direct) 713-589-8999 (fax) 713-826-7093 (mobile) www.vc-title.com                   THIS E-MAIL AND ITS ATTACHMENTS ARE INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY WHO IS THE INTENDED RECIPIENT AND MAY CONTAIN INFORMATION THAT UNDER APPLICABLE LAW IS PRIVILEGED, CONFIDENTIAL, AND EXEMPT FROM DISCLOSURE OR ANY TYPE OF USE.   IF THE READER IS NOT THE INTENDED RECIPIENT YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION, COPYING, OR OTHER USE OF THIS E-MAIL IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS E-MAIL IN ERROR, PLEASE REPLY TO SENDER.   From: Murali Adhikari [mailto:muralia...@yahoo.com] Sent: Monday, March 01, 2010 10:04 AM To: prakash...@dallascityhall.com; Donna Jackson Subject: Fw: RE: Euless Minerals [IWOV-INTERWOVEN.FID232323]   Hi Donna   Please see my correspondance with Blake. He says that there are not much documents that I need to sign. I believe all of you but as this is community property so I want to make sure that every things are fine -   Blake wrote me that "Amegy Bank lien that currently exists on the property will be released at closing, so the property will be conveyed free of liens"   Please help me to understand that the land is indeed 100% free of any kind of problems- many thanks for your kind help   Murali --- On Mon, 3/1/10, Blake D. Royal <bro...@boyarmiller.com> wrote: From: Blake D. Royal <bro...@boyarmiller.com> Subject: RE: Euless Minerals [IWOV-INTERWOVEN.FID232323] To: "Murali Adhikari" <muralia...@yahoo.com>, prakash...@dallascityhall.com Cc: "George Joseph" <c...@rightstep.com>, "Donna Jackson" <djac...@vc-title.com> Date: Monday, March 1, 2010, 9:49 AM Donna has provided you with the documents that require your signature.  I will check again, but I believe that the documents I have prepared will not require your signature and will only require George's.  As I mentioned previously, I will send you the documents as soon as the title company confirms there are in proper order.   Please consider the environment before choosing to print this e-mail.     UNLESS OTHERWISE EXPRESSLY STATED IN THIS EMAIL, NO OFFER IS MADE BY OUR CLIENTS, IN ANY RESPECT, BY THE TRANSMITTAL OF THE DRAFT DOCUMENTS ACCOMPANYING THIS EMAIL.  CONFIDENTIALITY NOTICE  THIS EMAIL TRANSMISSION (AND/OR THE DOCUMENTS ACCOMPANYING IT) MAY CONTAIN CONFIDENTIAL INFORMATION BELONGING TO THE SENDER WHICH IS PROTECTED BY THE ATTORNEY-CLIENT PRIVILEGE. THE INFORMATION IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED ABOVE. IF YOU ARE NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISCLOSURE, COPYING, DISTRIBUTION OR THE TAKING OF ANY ACTION IN RELIANCE ON THE CONTENTS OF THIS INFORMATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS TRANSMISSION IN ERROR, PLEASE IMMEDIATELY NOTIFY US BY TELEPHONE AT 713-850-7766 TO ARRANGE FOR RETURN OF THE DOCUMENT.        From: Murali Adhikari [mailto:muralia...@yahoo.com] Sent: Monday, March 01, 2010 9:47 AM To: prakash...@dallascityhall.com; Blake D. Royal Cc: George Joseph; Donna Jackson Subject: RE: Euless Minerals [IWOV-INTERWOVEN.FID232323] Dear Blake   Thanks for email. when we buy house, we sign many times. Is land purchase is different? Please help me to understand   As you know this is the community land. Many members of our community want to see the documents (which is natural).  Therefore, please mail me those documents.   Many thanks - have a great day   Murali --- On Mon, 3/1/10, Blake D. Royal <bro...@boyarmiller.com> wrote: From: Blake D. Royal <bro...@boyarmiller.com> Subject: RE: Euless Minerals [IWOV-INTERWOVEN.FID232323] To: "Murali Adhikari" <muralia...@yahoo.com>, prakash...@dallascityhall.com Cc: "George Joseph" <c...@rightstep.com>, "Donna Jackson" <djac...@vc-title.com> Date: Monday, March 1, 2010, 9:39 AM Murali,   None of the documents I have prepared will require your signature.  I will, however, forward copies to you for your review as soon as the title company confirms that they are in proper order.   As I have mentioned before, the Amegy Bank lien that currently exists on the property will be released at closing, so the property will be conveyed free of liens.  I want to make it clear, however, that the utility easements and the mineral lease that are referenced in the title commitment will remain on the property.      Please consider the environment before choosing to print this e-mail.     UNLESS OTHERWISE EXPRESSLY STATED IN THIS EMAIL, NO OFFER IS MADE BY OUR CLIENTS, IN ANY RESPECT, BY THE TRANSMITTAL OF THE DRAFT DOCUMENTS ACCOMPANYING THIS EMAIL.  CONFIDENTIALITY NOTICE  THIS EMAIL TRANSMISSION (AND/OR THE DOCUMENTS ACCOMPANYING IT) MAY CONTAIN CONFIDENTIAL INFORMATION BELONGING TO THE SENDER WHICH IS PROTECTED BY THE ATTORNEY-CLIENT PRIVILEGE. THE INFORMATION IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED ABOVE. IF YOU ARE NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISCLOSURE, COPYING, DISTRIBUTION OR THE TAKING OF ANY ACTION IN RELIANCE ON THE CONTENTS OF THIS INFORMATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS TRANSMISSION IN ERROR, PLEASE IMMEDIATELY NOTIFY US BY TELEPHONE AT 713-850-7766 TO ARRANGE FOR RETURN OF THE DOCUMENT.        From: Murali Adhikari [mailto:muralia...@yahoo.com] Sent: Monday, March 01, 2010 9:32 AM To: Blake D. Royal; prakash...@dallascityhall.com Cc: George Joseph; Donna Jackson Subject: Re: FW: Euless Minerals [IWOV-INTERWOVEN.FID232323] Dear Blake   First thanks for all helps and emails   I got the closing statement from Donna (4-5 pages long).  when I asked about the complete documents she wrote me that you will mail it to me. Please mail it to   513 angela lane Euless, TX 76039    I appreciate your email clarifying the issue of NO DRILLING in our site under mineral right agreement. Now, I want complete documents asap.  As my previous requests, I again request you to give me a confirmation which shows that the record of land is 100% clean or there is NO deeds or liens or any other kind of restrictions in land.   Our communty (like any buyer) really expects 100% clear record in land. so any help will be appreciated. As per our agreement, we will mail final check to title company on March 8, 2010 looking forward to hearing from you   Murali   --- On Thu, 2/25/10, Blake D. Royal <bro...@boyarmiller.com> wrote: From: Blake D. Royal <bro...@boyarmiller.com> Subject: FW: Euless Minerals [IWOV-INTERWOVEN.FID232323] To: "Murali Adhikari" <muralia...@yahoo.com> Cc: "George Joseph" <c...@rightstep.com>, "Donna Jackson" <djac...@vc-title.com> Date: Thursday, February 25, 2010, 11:23 AM Murali,   The owner of the mineral rights under the property has entered into a mineral lease that affects the property.  However, the lease includes a provision that expressly prohibits the surface of your property from being used for drilling purposes (see Paragraph 16 of the attached lease).  The title company can issue a T-19 endorsement to you to ensure that this mineral lease does not affect your surface rights.    If you have any questions about this endorsement, please direct them to Donna.   Blake    Please consider the environment before choosing to print this e-mail.   UNLESS OTHERWISE EXPRESSLY STATED IN THIS EMAIL, NO OFFER IS MADE BY OUR CLIENTS, IN ANY RESPECT, BY THE TRANSMITTAL OF THE DRAFT DOCUMENTS ACCOMPANYING THIS EMAIL.  CONFIDENTIALITY NOTICE  THIS EMAIL TRANSMISSION (AND/OR THE DOCUMENTS ACCOMPANYING IT) MAY CONTAIN CONFIDENTIAL INFORMATION BELONGING TO THE SENDER WHICH IS PROTECTED BY THE ATTORNEY-CLIENT PRIVILEGE. THE INFORMATION IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED ABOVE. IF YOU ARE NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISCLOSURE, COPYING, DISTRIBUTION OR THE TAKING OF ANY ACTION IN RELIANCE ON THE CONTENTS OF THIS INFORMATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS TRANSMISSION IN ERROR, PLEASE IMMEDIATELY NOTIFY US BY TELEPHONE AT 713-850-7766 TO ARRANGE FOR RETURN OF THE DOCUMENT.        From: Donna Jackson [mailto:djac...@vc-title.com] Sent: Thursday, February 25, 2010 11:13 AM To: Blake D. Royal Subject: Fw: Euless Minerals [IWOV-INTERWOVEN.FID232323]   From: Jimenez, Michelle K. <Michelle...@fnf.com> To: Donna Jackson Sent: Thu Feb 25 11:10:51 2010 Subject: RE: Euless Minerals [IWOV-INTERWOVEN.FID232323] Per underwriting: We can give them a T-19.1 and a T-19.2, but we can’t expressly state that the surface rights have been waived. Michelle K. Jimenez Fidelity National Title Group Senior Commercial Referral Representative - AGENT NetWORK 2001 Bryan Street, Suite 1700, Dallas , TX 75201 Phone: (214) 346-7227 | Fax: (214) 346-7233 E-mail: Michelle...@fnf.com P Please consider the environment before printing this e-mail. The information transmitted is intended only for the person or entity to which it is addressed and may contain confidential and/or privileged material. Any review, retransmission, dissemination, or other use of, or taking of any action in reliance upon, this information by persons or entities other than the intended recipient is prohibited. If you received this in error, please contact the sender and delete the material from any computer. ***Please note my new e-mail address: Michelle...@fnf.com*** From: Donna Jackson [mailto:djac...@vc-title.com] Sent: Thursday, February 25, 2010 10:47 AM To: Jimenez, Michelle K. Subject: Fw: Euless Minerals [IWOV-INTERWOVEN.FID232323] Michelle-see below comment. Thank you. From: Blake D. Royal <bro...@boyarmiller.com> To: Donna Jackson Sent: Thu Feb 25 10:42:38 2010 Subject: RE: Euless Minerals [IWOV-INTERWOVEN.FID232323] With regard to 10(p) - I do not have an issue with the lease remaining as an exception, but please have the commitment updated to note that the surface rights are waived in the mineral lease.  This will take care of the requirement in the contract that a surfave waiver be obtained. With regard to 10(l) and (m) - I will prepare an affidavit as I do not believe we will be able to obtain a release from XTO in a timely manner. Thanks for your help.   Please consider the environment before choosing to print this e-mail.     UNLESS OTHERWISE EXPRESSLY STATED IN THIS EMAIL, NO OFFER IS MADE BY OUR CLIENTS, IN ANY RESPECT, BY THE TRANSMITTAL OF THE DRAFT DOCUMENTS ACCOMPANYING THIS EMAIL.  CONFIDENTIALITY NOTICE  THIS EMAIL TRANSMISSION (AND/OR THE DOCUMENTS ACCOMPANYING IT) MAY CONTAIN CONFIDENTIAL INFORMATION BELONGING TO THE SENDER WHICH IS PROTECTED BY THE ATTORNEY-CLIENT PRIVILEGE. THE INFORMATION IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED ABOVE. IF YOU ARE NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISCLOSURE, COPYING, DISTRIBUTION OR THE TAKING OF ANY ACTION IN RELIANCE ON THE CONTENTS OF THIS INFORMATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS TRANSMISSION IN ERROR, PLEASE IMMEDIATELY NOTIFY US BY TELEPHONE AT 713-850-7766 TO ARRANGE FOR RETURN OF THE DOCUMENT.      From: Donna Jackson [mailto:djac...@vc-title.com] Sent: Thursday, February 25, 2010 10:39 AM To: Blake D. Royal Subject: Fw: Euless Minerals [IWOV-INTERWOVEN.FID232323] Blake-please see attached comments. From: Jimenez, Michelle K. <Michelle...@fnf.com> To: Donna Jackson Sent: Thu Feb 25 10:25:22 2010 Subject: RE: Euless Minerals [IWOV-INTERWOVEN.FID232323] I wanted to give you the answers, then I will revise and send the commitment. 10(p) – this can’t be removed.  It still applies to the property. 10(l) and (m) – We will require a Release from XTO Energy or an Affidavit from Seller and B&G Real Estate Investments that the lease referenced under (l) has expired by it’s terms and that XTO Energy never used this easement.  An Affidavit will remove both exceptions. Michelle K. Jimenez Fidelity National Title Group Senior Commercial Referral Representative - AGENT NetWORK 2001 Bryan Street, Suite 1700, Dallas , TX 75201 Phone: (214) 346-7227 | Fax: (214) 346-7233 E-mail: Michelle...@fnf.com P Please consider the environment before printing this e-mail. The information transmitted is intended only for the person or entity to which it is addressed and may contain confidential and/or privileged material. Any review, retransmission, dissemination, or other use of, or taking of any action in reliance upon, this information by persons or entities other than the intended recipient is prohibited. If you received this in error, please contact the sender and delete the material from any computer. ***Please note my new e-mail address: Michelle...@fnf.com*** From: Donna Jackson [mailto:djac...@vc-title.com] Sent: Tuesday, February 23, 2010 6:39 PM To: Jimenez, Michelle K. Subject: FW: Euless Minerals [IWOV-INTERWOVEN.FID232323] Michelle -can you please have the examiner review and address the below request to remove the items.   From: Blake D. Royal [mailto:bro...@boyarmiller.com] Sent: Tue 2/23/2010 5:32 PM To: Donna Jackson Subject: FW: Euless Minerals [IWOV-INTERWOVEN.FID232323] Donna, Please find attached a copy of the full mineral lease related to Item 10(p) of Schedule B for GF No. 2810004788.  Surface rights are waived in Paragraph 16.  We will also provide a non-production affidavit to address Item 10(l).  Please refresh my recollection: will this also allow you to remove 10(m), or will we need to specifically address the easement in the affidavit? Thanks, Blake   Please consider the environment before choosing to print this e-mail.     UNLESS OTHERWISE EXPRESSLY STATED IN THIS EMAIL, NO OFFER IS MADE BY OUR CLIENTS, IN ANY RESPECT, BY THE TRANSMITTAL OF THE DRAFT DOCUMENTS ACCOMPANYING THIS EMAIL.  CONFIDENTIALITY NOTICE  THIS EMAIL TRANSMISSION (AND/OR THE DOCUMENTS ACCOMPANYING IT) MAY CONTAIN CONFIDENTIAL INFORMATION BELONGING TO THE SENDER WHICH IS PROTECTED BY THE ATTORNEY-CLIENT PRIVILEGE. THE INFORMATION IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED ABOVE. IF YOU ARE NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISCLOSURE, COPYING, DISTRIBUTION OR THE TAKING OF ANY ACTION IN RELIANCE ON THE CONTENTS OF THIS INFORMATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS TRANSMISSION IN ERROR, PLEASE IMMEDIATELY NOTIFY US BY TELEPHONE AT 713-850-7766 TO ARRANGE FOR RETURN OF THE DOCUMENT.      From: Bruce Smith [mailto:bsm...@safetyvision.com] Sent: Tuesday, February 23, 2010 5:20 PM To: Mark Kerr Cc: George Joseph; Blake D. Royal Subject: RE: Euless Minerals Here you go… From: Mark Kerr Sent: Tuesday, February 23, 2010 8:53 AM To: Bruce Smith Cc: George Joseph; 'Blake D. Royal' Subject: RE: Euless Minerals George & Blake: I have not received any documentation regarding the mineral lease and the expiration with XTO. Let me know if there is anything I can help you with. Thanks, Mark Kerr Controller Safety Vision, LP “Mobile Video Solutions for Enhanced Safety” http://www.safetyvision.com 713-929-1028 Direct 713-896-6600 Main Ext. 1028 Mailto:mk...@safetyvision.com The information contained in this e-mail transmittal is Privileged and Confidential. If you are neither the intended recipient nor the individual responsible for delivering this e-mail to the intended recipient, any disclosure or action in reliance of this information is strictly prohibited. If you have received this e-mail in error, please notify the person transmitting the information immediately. From: Bruce Smith Sent: Monday, February 22, 2010 7:59 PM To: Mark Kerr Cc: George Joseph; 'Blake D. Royal' Subject: RE: Euless Minerals Mark, Would you please help George with the below information? Thanks! From: George Joseph [mailto:c...@rightstep.com] Sent: Monday, February 22, 2010 5:13 PM To: 'Blake D. Royal'; Bruce Smith Subject: RE: Euless Minerals Bruce, Is it possible for you to help Blake with these questions? I appreciate your help. Sincerely, George Joseph, CEO Spirit Lodge and The Right Step 902 W Alabama Houston, Tx. 77006 Direct 713 933 1390 Fax 713 933 0688 Intake 1 877 627 4389 www.spiritlodge.com www.rightstep.com From: Blake D. Royal [mailto:bro...@boyarmiller.com] Sent: Monday, February 22, 2010 5:08 PM To: George Joseph Subject: Euless Minerals George,   When the mineral lease between B&G and XTO expired, did B&G obtain a release from XTO acknowledging the expiration?  If B&G did, please provide a copy (or have Bruce forward).  If B&G did not, we will need to provide a Non-Production Affidavit for closing, which I can draft.       Also, we will need to obtain a surface waiver from Dale Property Services for the portion being sold.  Do you or Bruce have contact information for them?   Thanks, Blake   Please consider the environment before choosing to print this e-mail.     UNLESS OTHERWISE EXPRESSLY STATED IN THIS EMAIL, NO OFFER IS MADE BY OUR CLIENTS, IN ANY RESPECT, BY THE TRANSMITTAL OF THE DRAFT DOCUMENTS ACCOMPANYING THIS EMAIL.  CONFIDENTIALITY NOTICE  THIS EMAIL TRANSMISSION (AND/OR THE DOCUMENTS ACCOMPANYING IT) MAY CONTAIN CONFIDENTIAL INFORMATION BELONGING TO THE SENDER WHICH IS PROTECTED BY THE ATTORNEY-CLIENT PRIVILEGE. THE INFORMATION IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED ABOVE. IF YOU ARE NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISCLOSURE, COPYING, DISTRIBUTION OR THE TAKING OF ANY ACTION IN RELIANCE ON THE CONTENTS OF THIS INFORMATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS TRANSMISSION IN ERROR, PLEASE IMMEDIATELY NOTIFY US BY TELEPHONE AT 713-850-7766 TO ARRANGE FOR RETURN OF THE DOCUMENT.