FATIC-210X ALTA Commitment ( ) First American Title Insurance Company SCHEDULE A

Transcription

1 FATIC-210X 1 First American Way Santa Ana, CA SCHEDULE A 1. Commitment Date: April 16, 2012 at 08:00 AM 2. Policy or Policies to be issued: ( X ) (a) Owner s Policy (ALTA Own. Policy (10/17/92)) Amount of Insurance $ To Be Determined ( ) (b) Loan Policy (ALTA Loan Policy (10/17/92)) Amount of Insurance $ ( ) (c) Other () Amount of Insurance $ 3. Fee Simple interest in the land described in this Commitment is owned, at the Commitment Date, by: Branch Banking and Trust Company 4. The land referred to in this Commitment is described as follows: SEE ATTACHED EXHIBIT A FOR LEGAL DESCRIPTION Issue Date: April 27, 2012 Palmetto State Title & Escrow, LLC By: Authorized Signatory THIS COMMITMENT IS FURNISHED BY FIRST AMERICAN TITLE INSURANCE COMPANY OR ITS POLICY ISSUING AGENT SOLELY FOR THE ISSUANCE OF A POLICY OR POLICIES OF TITLE INSURANCE OF FIRST AMERICAN TITLE INSURANCE COMPANY. THIS COMMITMENT IS NOT AN ABSTRACT OR AN OPINION OF TITLE. LIABILITY UNDER THIS COMMITMENT IS DEFINED BY AND LIMITED TO THE TERMS AND CONDITIONS OF THIS COMMITMENT AND THE TITLE INSURANCE POLICY TO BE ISSUED. PERSONS AND ENTITIES NOT LISTED ABOVE AS PROPOSED INSUREDS ARE NOT ENTITLED TO RELY UPON THIS COMMITMENT FOR ANY PURPOSE. Page 1 of 5

2 FATIC-210X EXHIBIT A LEGAL DESCRIPTION Property Address: 9 Maggie Path Daufuskie Island, South Carolina All that certain piece, parcel or lot of land situate, lying and being at Haig Point, Daufuski Island, Beaufort County, South Carolina known and designated as Lot No. 727, Phase XXII, on a plat as recorded in Plat Book 76 at page 169 in the Beaufort County Records, said property having such boundaries, metes, courses and distances as will by reference to said plat more fully appear TMS#: R I Page 2 of 5

3 FATIC-211X The following requirements must be met: SCHEDULE B SECTION I REQUIREMENTS 1. Pay the agreed amounts for the interest in the land and/or the mortgage to be insured. 2. Pay us the premiums, fees and charges for the policy. 3. Pay all taxes and/or assessments, levied and assessed against the land, which are due and payable. 4. You must tell us in writing the name of anyone not referred to in this commitment who will get an interest in the land or who will make a loan on the land. We may then make additional requirements or exceptions. 5. Documents, satisfactory to us, creating the interest in the land and/or the mortgage to be insured, must be signed, delivered and recorded: a) Limited Warranty Deed from Branch Banking and Trust Company to To Be Determined conveying the land described in Schedule A herein. 6. We must be furnished with a copy of SCID 3601 executed pursuant to Section S.C. Code of Laws 1976, as amended, and an executed Notice of Availability of Title Insurance pursuant to S.C. Insurance Department regulation R-69-18, Vol. 25A of S.C. Code of Laws 1976, as amended. 7. Seller s/owner s Affidavit Indemnity executed by current owner(s) of the land on a form to be supplied by the Company stating that there have been no improvements to the land within the past 90 days which could give rise to a construction lien and that there are no accounts or claims pending and unpaid which could constitute a lien against the land. The affidavit will also state that affiant has no knowledge of any natural person or legal entity who has or could have a claim of right, interest or lien adverse to the Insured. 8. Receipt of the acknowledged Privacy Policy. 9. The deed must be executed pursuant to proper corporate resolution, and we must be furnished a certified copy thereof. Page 3 of 5

4 FATIC-212X SCHEDULE B SECTION II EXCEPTIONS Any policy we issue will have the following exceptions unless they are taken care of to our satisfaction. 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public records. 2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession in the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. 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 and not shown by the Public Records. 5. Any mineral or mineral rights leased, granted or retained by current or prior owners. NOTE: Exceptions Numbered 1-5 above will be hereby deleted upon issuance of the Loan Policy Only. 6. Taxes and assessments for the year 2012 and subsequent years, not yet due and payable. 7. Restrictive covenants and easements contained therein appearing of record in Deed Book 431, page 325, 8. Restrictive covenants and easements contained therein appearing of record in Deed Book 431, page 355, 9. Restrictive covenants and easements contained therein appearing of record in Deed Book 487, page 731, 10. Restrictive covenants and easements contained therein appearing of record in Deed Book 774, page 1217, 11. Restrictive covenants and easements contained therein appearing of record in Deed Book 1365, page 1366, Page 4 of 5

5 FATIC-212X SCHEDULE B SECTION II EXCEPTIONS (continued) 12. Restrictive covenants and easements contained therein appearing of record in Deed Book 406, page 64, 13. Restrictive covenants and easements contained therein appearing of record in Deed Book 431, page 395, 14. Easement recorded in Deed Book 453, page 13, aforesaid records. 15. Easement to Haig Point Club recorded in Deed Book 447, page 1915, aforesaid records. 16. Easement to Ingress / Egress recorded in Deed Book 373, page 724, aforesaid records. 17. Easement to Haig Point Utility - Sewer recorded in Deed Book 465, page 275, aforesaid records. 18. Easement to Haig Point Utility-Water recorded in Deed Book 465, page 281, aforesaid records. 19. Easement recorded in Deed Book 519, page 678, aforesaid records. 20. Easement recorded in Deed Book 519, page 685, aforesaid records. 21. This policy affords assurance as to the location of the boundary lines of subject property, but does not insure the engineering calculations in computing the exact amount of acreage contained therein. 22. Any encroachment, encumbrance, violation or adverse circumstances affecting the Title that would be disclosed by an accurate and complete land survey of the Land. 23. Subject to matters shown on plat recorded in Plat Book 76 at Page 169. Page 5 of 5