OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY Schedule A Commitment 1. Effective Date: January 21, 2014 at 06:59 AM File Number: HU14010834CO The policy or policies to be issued are: 2. Amount (a) Owner's Policy: ALTA Own. Policy (06/17/06) Proposed Insured: To Be Determined Amount To Be Determined (b) Loan Policy: Proposed Insured: 3. The estate or interest in the land described or referred to in this Commitment is Fee Simple. 4. Title to the Fee Simple estate or interest in the land is at the Effective Date vested in: Kenneth R. Kafcsak and Catherine M. Kafcsak, husband and wife, for their joint lives, remainder to the survivor of them, by deed filed for record August 12, 1994 in Volume 94-07807, Page 12, of the Cuyahoga County Records.. 5. The land referred to in this Commitment is described as follows: See Exhibit A - Legal Description attached hereto. Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ORT Form 4308 A Schedule A ALTA Commitment for Title Insurance (HU14010834CO.PFD/HU14010834CO/7)
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY Schedule B - Section I Commitment REQUIREMENTS File Number: HU14010834CO Effective Date: January 21, 2014 The following are the requirements to be complied with: a. Instruments necessary to create the estate or interest to be insured must be properly executed, delivered and duly filed for record. Any instrument of conveyance creating an insured interest must comply with local rules on descriptions and conveyances pursuant to Sections 315.251 and 319.203 of the Ohio Revised Code. b. Payment of the full consideration to, or for the account of the grantors or mortgagors should be made. c. Payment of taxes, charges, and assessments levied and assessed against subject premises, which are due and payable. d. Owners/Sellers Affidavit covering matters of title in a form acceptable to the Company. e. Receipt of proof of corporate status, or limited liability company status, or partnership status, and all agreement(s), and necessary consents, authorizations, resolutions, notices and corporate/company/partnership actions have been conducted, given or properly waived relating to the transaction to be insured, including entity resolution(s) authorizing and designating appropriate officers/members/or partners to execute any and all necessary documents. f. Survey satisfactory to the Company be provided, if survey exceptions are to be deleted. g. If a Zoning Endorsement is requested, the following is required: A letter from Planning and Zoning and/or ALTA/ACSM survey setting forth items 2 (b) (i-v) from the endorsement and surveyor's certification that there are no violations. h. Further exceptions and/or requirements may be made upon review of the proposed documents and/or upon further ascertaining the details of the transaction. i. For Information Only: Power of Attorney, whereby Catherine M. Kafcsak does hereby constitute and appoint Kenneth R. Kafcsak his/her true and lawful attorney-in-fact, recorded in Instrument No. 199811190486, of the Cuyahoga County Records. j. For Information Only: Power of Attorney, whereby Kenneth R. Kafcsak does hereby constitute and appoint Catherine M. Kafcsak his/her true and lawful attorney-in-fact, recorded in Instrument No. 199811190487, of the Cuyahoga County Records. Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ORT Form 4308 BI Schedule B I ALTA Commitment for Title Insurance 6/06 (HU14010834CO.PFD/HU14010834CO/7)
Schedule B-I (Continued) File Number: HU14010834CO k. Payment and release of Open-End Mortgage, Assignment of Rents and Security Agreement from Kenneth R. Kafcsak and Catherine M. Kafcsak, husband and wife, to Carnegie Companies LLC, in the maximum amount of $535,000.00, filed for record November 22, 2005, in Instrument No. 200511221123, of the Cuyahoga County Records. Financing Statement from Kenneth R. Kafcsak and Catherine M. Kafcsak (debtors) to Carnegie Companies LLC (secured party), filed for record November 22, 2005, in Instrument No. 200511229041, of the Cuyahoga County Records. Loan Modification Agreement filed for record December 21, 2010 in Instrument No. 201012210583 of the Cuyahoga County Records. Loan Modification Agreement filed for record June 26, 2012 in Instrument No. 201206260080 of the Cuyahoga County Records. Third Loan Modification Agreement filed for record July 17, 2013 in Instrument No. 201307170174 of the Cuyahoga County Records. l. Satisfaction and release of record of Judgment Lien in favor of Carnegie Companies LLC and against Kenneth R. Kafcsak and Catherine M. Kafcsak, in the amount of $561,750.00, plus interest and costs, filed for record February 26, 2010 in Judgment Docket JL-10-403297 of the Cuyahoga County Records. m. Proper deed from Kenneth R. Kafcsak and Catherine M. Kafcsak, husband and wife, for their joint lives, remainder to the survivor of them, by deed filed for record August 12, 1994 in Volume 94-07807, Page 12, of the Cuyahoga County Records., to tbd. n. Properly executed, notarized, and recorded mortgage from tbd to The Huntington National Bank. Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ORT Form 4308 BI Schedule B I ALTA Commitment for Title Insurance 6/06 (HU14010834CO.PFD/HU14010834CO/7)
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY Schedule B - Section II Commitment EXCEPTIONS File Number: HU14010834CO Effective Date: January 21, 2014 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company. 1. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed Insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. 2. Any facts, rights, interests, or claims that are shown in the public records but that could be ascertained by an inspection of the land or by making inquiry of persons in possession of the land. 3. Any encroachment, encumbrance, violation, or adverse circumstance affecting the title including discrepancies, conflicts in boundary lines, shortage in area, or any other facts that would be disclosed by an accurate and complete land survey of the land, and that are not shown in the public records. 4. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown in the public records. 5. Rights of parties in possession of all or any part of the premises, including, but not limited to, easements, claims of easements or encumbrances that are not shown in the public records. 6. Subject to any oil and/or gas lease, pipeline agreement, or other instrument related to the production or sale of oil or natural gas which may arise subsequent to the Date of Policy. 7. The lien of real estate taxes or assessments imposed on the title by a governmental authority that are not shown as existing liens in the records of any taxing authority that levies taxes or assessments on real property or in the public records. 8. Any inaccuracy in the specific quantity of acreage contained on any survey if any or contained with the legal description of premises insured herein. 9. Any covenant, condition or restriction referred to herein indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin is omitted as provided in 42 U.S.C. Section 3604, unless and only to the extent that the restriction (a) is not in violation of state or federal law, (b) is exempt under 42 U.S.C. Section 3607, or (c) related to handicap, but does not discriminate against handicapped people. 10. Covenants, conditions and restrictions and other instruments recorded in the public records and purporting to impose a transfer fee or conveyance fee payable upon the conveyance of a interest in real property or payable for the right to make or accept such a transfer, and any and all fees, liens or charges, whether recorded or unrecorded, if any, currently due payable or that will become due or payable, and any other rights deriving therefrom, that are assessed pursuant thereto. 11. Any lease, grant, exception or reservation of minerals or mineral rights together with any rights appurtenant thereto. 12. Urban Renewal Plan filed for record September 1958 in Volume 122, Page 505 of the Cuyahoga County Records. Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ORT Form 4308 BII Schedule B II ALTA Commitment for Title Insurance 6/06 (HU14010834CO.PFD/HU14010834CO/7)
Schedule B-Section II (Continued) File Number: HU14010834CO 13. Reservations, restrictions, covenants, limitations, easements, and/or conditions, as established in instrument, filed for record October 14, 1969, in Volume 12563, Page 115, of the Cuyahoga County Records. 14. Easement to The Cleveland Electric Illuminating Company and The Ohio Bell Telephone Company, filed for record April 23, 1970, in Volume 12599, Page 827, of the Cuyahoga County Records. 15. Utilities per Ordinance No. 49911 of the Cuyahoga County Records. (copy unavailable) 16. Utilities per Ordinance Nos. 2386-66 and 899-68 of the Cuyahoga County Records. (copy unavailable) 17. Title to that portion of the insured premises within the bounds of any legal highways. 18. Taxes for the second half of 2013 and subsequent years are a lien, but are not yet due and payable. The County Treasurer's General Tax Records for the tax year 2013 are as follows: PPN 123-05-001 Taxes for the first half are a lien, currently due and payable. Taxes for the second half are a lien, not yet due and payable. Per half amount $5,493.39. Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ORT Form 4308 BII Schedule B II ALTA Commitment for Title Insurance 6/06 (HU14010834CO.PFD/HU14010834CO/7)
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY Exhibit A - Legal Description Commitment File Number: HU14010834CO Effective Date: January 21, 2014 Situated in the City of Cleveland, County of Cuyahoga and State of Ohio: And known as being Sublots 3 to 14, both inclusive, all of Sublots 36, 37, 38, 39, 40 and 41, part of Sublots 1, 2, 15, 16, 17 and 35, and all of Block "C", part of Block "A", and Block "B" in Mary D. Gilbert and Julia E. Davis Subdivision of part of original One Hundred Acre Lot No. 280, as shown by the recorded plat in Volume 13 of Maps, page 29 of Cuyahoga Records, and part of Sublots 1, 2, 3, 4, 5, 6 and 7 of James S. Davis Subdivision as shown by the recorded plat in Volume 12 of Maps, page 31 of Cuyahoga County Records, and part of East 49th Street (formerly Beacon Street), 40 feet wide, vacated by the Council of the City of Cleveland by Ordinance No. 49911, and part of Wellesley Avenue, S.E. (40 feet wide) vacated by the Council of the City of Cleveland by Ordinance No. 2386-66 and by Ordinance No. 899-68, passed by the Council of the City of Cleveland, May 27, 1968 as shown by the recorded plat in Volume 204 of Maps, page 11 of Cuyahoga County Records, and together forming a parcel of land bounded and described as follows: Beginning in the centerline of Crayton Avenue S.W., (60 feet wide), at its intersection with the centerline of East 51st Street (formerly Sawtell Avenue), 66 feet wide; Thence North 83 deg. 35' 55" West, 125.76 feet along the centerline of Crayton Avenue to a point; Thence South 06 deg. 16' 35" West, 30.00 feet to an iron pin monument set on the Southerly line of Crayton Avenue, as widened in Volume 205 of Maps, page 43 of Cuyahoga County Records and being the principal place of beginning of the herein described land; Thence continuing along the Southerly line of Crayton Avenue, North 83 deg. 35' 55" West, 578.13 feet to its intersection with the centerline of said East 49th Street, now vacated; Thence South 01 deg. 36' 00" East, 303.49 feet along the centerline of East 49th Street to its intersection with the centerline of Wellesley Avenue, S.E. (now vacated); Thence South 87 deg. 03' 20" East, 187.95 feet along said centerline of Wellesley Avenue to a point: Thence South 02 deg. 57' 01" West 145.01 feet and passing along the Westerly line of land conveyed to the City of Cleveland by deed recorded in Volume 11381, page 333 of Cuyahoga County Records to the Southerly line of Sublot 35; Thence South 87 deg. 03' 20" East, 123.49 feet along the Southerly line of Sublots 35, 36, 37 and 38 to the Northwesterly corner of Sublot No. 7 in said James S. Davis Subdivision; Thence South 02 deg. 56' 20" West, 60.02 feet along the Westerly line of Sublot No. 7 to the Southwesterly corner of land conveyed to the City of Cleveland by deed dated January 1, 1968 and recorded in Volume 12188, page 611 of Cuyahoga County Records; Thence Easterly along the Southerly line of land so conveyed to the City of Cleveland, the following courses and distances; South 75 deg. 52' 20" East, 122.30 feet; South 87 deg. 03' 20" East, 60.00 feet; North 64 deg. 57' 40" East, 25.02 feet; Exhibit A-Legal Description ALTA Commitment for Title Insurance (HU14010834CO.PFD/HU14010834CO/7)
Exhibit A - Legal Description (Continued) File Number: HU14010834CO South 87 deg. 03' 20" East, 11.31 feet to an iron pin monument set; Thence North 06 deg. 16' 35" East, 485.50 feet to the principal place of beginning of the herein described land and containing 5.170 acres of land, as surveyed by Christopher J. Dempsey, Professional Surveyor No. 6914, Dempsey & Neff, Inc. by survey dated July, 1994. And being further known as Parcel A from the Map of Lot Split and Consolidation for Robert Sosnowsky, Elaine Sosnowsky and Malcolm Weisberg, as shown by the recorded plat in Volume 269 of Maps, page 15 of Cuyahoga County Records, be the same more or less, but subject to all legal highways. EXCEPTING THERFROM the following: The 2.0391 acre parcel of land described in Exhibit "A" of the General Warranty Deed from Kenneth R. Kafcsak and Catherine M. Kafcsak to Crayton Avenue Properties, Inc., as filed for record on January 16, 1997 in Volume 97-00397, page 13 of Cuyahoga County Records and is bounded and described as follows: Situated in the City of Cleveland, County of Cuyahoga and State of Ohio: And known as being all of Sublots 3, 4, 40 and 41, part of Sublots 1, 2, 5, 39, Block B and Block C in Mary D. Gilbert and Julia E. Davis Subdivision of part of original One Hundred Acre Lot Number 280, as shown by the recorded plat in Volume of Maps 13, page 29 of Cuyahoga County Records, and part of Sublots 1, 2, 3, 4, 5, 6 and 7 of James S. Davis Subdivision as shown on the recorded plat in Volume 12 of Maps, page 31 of Cuyahoga County Records, and part of Wellesley Avenue S.E. (40 feet wide), vacated by the Council of the City of Cleveland by Ordinance No. 2386-66 and by Ordinance No. 899-68, passed by the Council of the City of Cleveland, May 27, 1968 as shown by the recorded plat in Volume 204 of Maps, page 11 of Cuyahoga County Records, and together forming a parcel of land bounded and described as follows: Beginning in the centerline of Crayton Avenue S.E. at its intersection with the centerline of East 51st Street, (formerly Sawtell Avenue), 66 feet wide, now vacated; Thence North 83 deg. 35' 55" West, 125.76 feet along the centerline of Crayton Avenue to a point; Thence South 06 deg. 16' 35" West, 30.00 feet to an iron pin monument set on the southerly line of Crayton Avenue, as widened in Volume 205 of Maps, page 43 of Cuyahoga Records at an intersection with the easterly line of land conveyed to Kenneth R. Kafcsak and Catherine M. Kafcsak by deed dated July 28, 1994 and recorded in Volume 94-07807, page 12 of Cuyahoga County Records and being the PRINCIPAL PLACE OF BEGINNING of the herein described land; Thence South 06 deg. 16' 35" West, 485.50 feet along the Easterly line of land so conveyed to the southerly line of land conveyed to the City of Cleveland by deed dated January 1, 1968 and recorded in Volume 12188, page 611 of Cuyahoga County Records; Thence Westerly along the southerly line of land conveyed to the City of Cleveland, the following courses and distances; North 87 deg. 03' 20" West, 11.31 feet; Thence South 64 deg. 57' 40" West, 25.02 feet; Thence North 87 deg. 03' 20" West, 60.00 feet; Thence North 75 deg. 52' 20" West, 87.46 feet; Thence North 06 deg. 24' 05" East, 491.10 feet to the southerly line of Crayton Avenue S.E.; Exhibit A-Legal Description ALTA Commitment for Title Insurance (HU14010834CO.PFD/HU14010834CO/7)
Exhibit A - Legal Description (Continued) File Number: HU14010834CO Thence South 83 deg. 35' 55" East, 178.13 feet along the southerly line of Crayton Avenue to the principal place of beginning and containing 2.0391 acres of land according to a survey by Christopher J. Dempsey, Professional Surveyor No. 6914, Dempsey & Neff, Inc. in February of 1996. The land described in the legal description herein is further known as Parcel A on the Map of Lot Split and Consolidation for Kenneth R. Kafcsak & Catherine M. Kafcsak and Robert Sosnowsky filed January 15, 1997 in Volume 282 of Maps, page 37 of Cuyahoga County Records and containing 3.1310 acres of land as appears on said map. PPN: 123-05-001 (listed with 123-05-002, 003, 004, 005, 016, 017, 018, 019, 020, 021, 022, 023 and 024) Commonly Known as: 4900 Crayton Avenue, Cleveland, Ohio 44104 Exhibit A-Legal Description ALTA Commitment for Title Insurance (HU14010834CO.PFD/HU14010834CO/7)