COMMITMENT FOR TITLE INSURANCE SCHEDULE A REVISION A 1. Effective Date: 2. Policy or policies to be issued: Amount (a) ALTA Owner s Policy: (6-17-06) ALTA Homeowner s Policy To Be Determined Proposed Insured: To Be Determined (b) ALTA Loan Policy: (6-17-06) ALTA Short Form Residential Loan Policy: (6-17-06) Advantage Residential Loan Policy Advantage Express Loan Policy Proposed Insured: (c) Other Proposed Insured: 3. Title to the Fee Simple estate or interest in the land described or referred to in this Commitment is at the effective date hereof vested in: William M. Tucker and Maura P. Leahy-Tucker 4. The land referred to in this Commitment is described as follows: See Schedule A attached hereto and made a part hereof. Property Address: 531 Kohler Avenue Austinville, Virginia Countersigned: PROFESSIONAL TITLE ASSOCIATES 3130 Chaparral Drive, Suite B-100 Roanoke, VA 24018 (540) 725-1558 Authorized Officer or Agent Commitment Schedule A Form 1004-321 (Rev. 6/06)
SCHEDULE B Requirements The following are the requirements to be complied with: Item(a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Item(b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to-wit: 1. General Warranty Deed from William M. Tucker and Maura P. Leahy-Tucker vesting fee simple title in To Be Determined. 2. Cancellation and release of record of deed of trust from Maura Leahy Tucker and William Tucker to CB Services Corp., Trustees, dated November 12, 2004, filed for record as Instrument No. 040005012, to secure $59,800.00. Original Noteholder as stated in deed of trust is RBC Centura Bank. (NOTE: If this deed of trust is a credit line deed of trust, receipt of additional certification that the credit line account has been closed and that the checks and/or credit cards issued in connection with the account have been surrendered.) 3. Receipt of satisfactory executed "Owners (sellers) Affidavit as to Mechanics Liens and Possession." Note: This Company may take other requirements and/or exceptions upon receipt and review of the abovelisted documents. Commitment Schedule B Section 1
SCHEDULE B SECTION 2 Exceptions 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: 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. 1. Those taxes becoming due and payable subsequent to the date of the policy. 2. Easements granted as follows: a. To Appalachian Power Company by instrument dated February 23, 1993, from Dixon Lumber Co., Inc., recorded in Deed Book 410, page 399. b. To Commonwealth of Virginia by instrument dated July 17, 1986, from Dixon Lumber Co., Inc., recorded ni Deed Book 329, page 273. c. To Appalachian Power Company by instrument dated April 18, 1983, from G & W Natural Resources Co., Inc., recorded in Deed Book 301, page 58. d. To Appalachian Power Company by instrument dated August 18, 1975, from The New Jersey Zinc Co., recorded in Deed Book 243, page 267. e. To Appalachian Power Company by instrument dated October 21, 1971, from The New Jersey Zinc Co., recorded in Deed Book 216, page 683. f. To Appalachian Power Company by instrument dated October 21, 1971, from The New Jersey Zinc Co., recorded in Deed Book 213, page 292. g. To Appalachian Power Company by instrument dated April 16, 1952, from The New Jersey Zinc Co., recorded in Deed Book 138, page 517. h. To Appalachian Power Company by instrument dated July 31, 1951, from The New Jersey Zinc Co., recorded in Deed Book 136, page 249. i. To Appalachian Power Company by instrument dated November 7, 1930, from Bertha Mineral Company, recorded in Deed Book 85, page 326. j. To Appalachian Power Company by instrument dated March 26, 1929, from Bertha Mineral Company, recorded in Deed Book 82, page 447. 3. Terms and conditions of the following: a. Lease between Bertha Mineral Company and Appalachian Power Company by instrument recorded in Deed Book 84, page 314. b. Agreement between The New Jersey Zinc Co. and W. R. Jackson, by instrument dated August 21, 1944, recorded in Deed Book 112, page 458. c. Quitclaim Deed from Dixon Lumber Co., et al, and Austinville Water & Sewer Co. by instrument recorded in Deed Book 409, page 366. Commitment Schedule B Section 2
SCHEDULE B SECTION 2 Exceptions - (continued) d. Agreement from Dixon Lumber Company to Austinville Limestone Co. by instrument dated August 23, 1993, recorded in Deed Book 459, page 656. e. Deed from Dixon Lumber Company, Inc. to Walnut Grove, LLC by instrument dated October 18, 1999, recorded as Instrument No. 990004624. 4. Rights of others in and to the use and enjoyment of the appurtenant easement set out under Schedule A hereof. 5. Rights of others in and to the use and enjoyment of the New River Trail. 6. 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. The term "encroachment" includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land. NOTE: If policy is to be issued in support of a mortgage loan, attention is directed to the fact that the Company can assume no liability under its policy, the closing instructions, or Insured Closing Service for compliance with the requirements of any consumer credit protection or truth in lending law in connection with said mortgage loan. Commitment Schedule B Section 2-continued
Schedule A Legal Description Located in the County of Wythe, State of Virginia: AUCTION TRACT 1: Tract C-41, containing 38.573 acres, more or less, as shown on plat of survey made by David B. Scott, L.S., dated August 20, 1999, recorded in the Clerk's Office of the Circuit Court for the County of Wythe, Virginia in Plat Book 9, page 215. AUCTION TRACT 2: Tract C-42, containing 31.123 acres, more or less, as shown on plat of survey made by David B. Scott, L.S., dated August 29, 1999, recorded in the Clerk's Office of the Circuit Court for the County of Wythe, Virginia in Plat Book 9, page 214. AUCTION TRACT 3: Tract C-43, containing 88.860 acres, more or less, as shown on plat of survey made by David B. Scott, L.S., dated August 20, 1999, recorded in the Clerk's Office of the Circuit Court for the County of Wythe, Virginia in Plat Book 9, page 215. Commitment Schedule A