Arrow Title Agency LLC is a Policy-Issuing Agent For ALTA TITLE INSURANCE COMMITMENT This commitment is invalid unless the Insuring Provisions and Schedules A and B are attached. All terms, conditions and provisions contained in the commitment jacket (ALTA Commitment Form 06/17/06) are incorporated herein, and that the same is available for inspection at the office of. This Commitment expires 180 days from the Date Issued. Insurance Fraud Warning: Any person who, with intent to defraud or knowing that he is facilitating a fraud against an insurer, submits an application or files a claim containing false or deceptive statement is guilty of insurance fraud. Date Issued: March 12, 2012, 04:00 pm Commitment No.: 8-8173 SCHEDULE A 1. Effective Date: February 29, 2012, 07:00 am 2. The policy or policies to be issued are: POLICY AMOUNT (a) ALTA Owner's Policy (06/17/06) Proposed Insured: (b) ALTA Loan Policy (06/17/06) Amount To Be Agreed Upon Proposed Insured: Lender To Be Agreed Upon 3. Fee Simple interest in the land described in this Commitment is owned, at the effective date by: Ronald Emrich, Trustee of the Ronald E. Emrich Revocable Trust, as to an undivided one-half interest Source of Title: General Warranty Deed, recorded 05/20/2010 as Official Record 1542, Page 353 in the Fairfield County Recorder's Office Michelle R. Emrich-Snapp, Trustee of the Michelle R. Emrich-Snapp Revocable Trust, as to an undivided one-half interest Source of Title: General Warranty Deed, recorded 05/20/2010 as Official Record 1542, Page 348 in the Fairfield County Recorder's Office 4. Legal description of the land: SEE ATTACHED EXHIBIT "A" Countersigned By Policy Issuing Agent: Arrow Title Agency LLC Phone: 866-601-8449 Fax: 866-686-2408 By: Jonathan Holfinger, President Dated: March 12, 2012 1 of 6
EXHIBIT "A" (Arrow Title File #8-8173) Situated in the County of Fairfield, in the State of Ohio and in the Township of Walnut: TRACT I: Being Lot No. 23-280, as numbered and delineated in the plat of Buckeye Lake Reservoir Lands, as recorded in the Recorder's Office, Fairfield County, Ohio in Volume 8, Page 92. Parcel Number: 046-02015-00 TRACT II Being Lots Seven (7) and Eight (8) and Twelve (12) feet off the North side of Lot Number Six (6) in Fisher and Decker Plat of Shell Beach Addition. Parcel Number: 046-02002.00 Property Address: 4863 Decker Avenue, Thornville, Ohio 43076 2 of 6
COMMITMENT FOR TITLE INSURANCE SCHEDULE B - SECTION I Commitment No: 8-8173 Effective Date: February 29, 2012 The following are the requirements to be complied with: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. All parties to the transaction must provide identification sufficient to comply with the USA Patriot Act as determined by their lender and this title agency. Duly executed Owners/Sellers Affidavit covering matters of title, in a form acceptable to the Company. Payment of taxes, charges, and assessments levied and assessed against subject premises, which are due and payable. Payment of the full consideration to, or for the account of, the Grantors or Mortgagors must be made. Pay to Arrow Title Agency LLC the premiums, fees and charges for the title insurance policy. Duly authorized, executed, and recordable Deed, filed of record and creating the estate or interest to be insured, from Ronald E. Emerich, Trustee of the Ronald E. Emrich Revocable Trust (as to 1/2 interest) and Michelle R. Emrich-Snapp, Trustee of the Michelle R. Emrich-Snapp Revocable Trust (as to 1/2 interest) conveying title to the Buyer Proposed Insured under Item 2 of this Commitment. Further exceptions and/or requirements may be made upon review of the proposed documents and/or upon further ascertaining the details of the transaction. Approval by the County Engineer of the legal description for the insured land. Seller/Trustee must execute an Affidavit of Trustee drafted by the Company. The Company requires Excerpts of the operative provisions of the trust agreement together with an affidavit, in recordable form signed by trustee(s) or attorney for trust, stating that the trust is in full force and affect, that the trustee(s) are authorized to sell property as per trust agreement, and that the excerpts are a true copy of the trust. NOTE: The Affidavit and excerpts may be recorded upon the discretion of the Company. 3 of 6
COMMITMENT FOR TITLE INSURANCE SCHEDULE B - SECTION II Commitment No: 8-8173 Effective Date: February 29, 2012 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. 2. 3. 4. 5. 6. 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. Any change in title occurring subsequent to the effective date of this Commitment and prior to the date of the issuance of the title policy. Assessments, if any, including but not limited to: installation, maintenance or improvements of streets, curbs, gutters, sewers, water lines, sidewalks, conservancy, street lighting or street cleaning, not yet certified to the County Auditor. Rights or claims of parties other than insured in actual possession of any or all of the property. Unfiled mechanic's or materialman's liens. 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 on the Land of existing improvements located on adjoining land. NOTE: The Company requires that survey evidence be provided to its satisfaction in order to delete the Standard Exception for Survey Matters. 7. 8. 9. 10. 11. 12. Oil and gas leases, pipeline agreements or any other instruments related to the production or sale of oil and gas which may arise subsequent to the Date of the Policy. (NOTE: This exception will only appear in the final loan policy.) Coal, oil, natural gas, or other mineral interests and all rights incident thereto now or previously conveyed, transferred, leased, excepted or reserved. 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. NOTE: Delinquent Sewer and Water Bills may become a lien on the real estate. No liability is assumed by the company for ascertaining the status of utility charges and the insured is cautioned to obtain the current status of these payments. No liability is assumed for tax increases occasioned by retroactive revaluation change in land usage, or loss of any homestead exemption status for insured premises. Exception is made for any and all taxes and/or assessments certified or not certified for the year 2011 and thereafter, plus any penalties and interest which may accrue. Taxes for 2012 are undetermined and are not yet due and payable, but are a lien nonetheless. 4 of 6
The County Auditor's General Tax Duplicate Records for the tax parcel #046-02015.00 are as follows for the tax year 2011: Taxes for the first half of 2011 are paid. Taxes for the second half of 2011 are unpaid and a lien not yet due and payable. Assessed Valuations: Land: $68,800.00 Impr.: $39,380.00 Total: $108,180.00 Semi-annual Taxes: $2,115.99 Semi-annual Assessments: $0.00 Homestead Reduction: no CAUV: no The County Auditor's General Tax Duplicate Records for the tax parcel #046-02002.00 are as follows for the tax year 2011: Taxes for the first half of 2011 are paid. Taxes for the second half of 2011 are unpaid and a lien not yet due and payable. Assessed Valuations: Land: $8,180.00 Impr.: $-0- Total: $8,180.00 Semi-annual Taxes: $164.43 Semi-annual Assessments: $0.00 Homestead Reduction: no CAUV: no 13. 14. 15. 16. 17. Memorandum of Trust for the Michelle R. Emrich-Snapp Trust recorded at Official Record 1542, Page 349 in the Fairfield County Recorder's Office. Memorandum of Trust for the Ronald E. Emrich Trust recorded at Official Record 1542, Page 354 in the Fairfield County Recorder's Office. This Policy does not insure the following: a. Riparian rights; or b. Title to that portion of the Land lying below the high water mark of Buckeye Lake; or c. Rights of the United States, the State of Ohio, the municipality and the public in general in and to the portion of the Land described in Schedule A beneath the waters of Buckeye Lake. Sewer easement to County of Fairfield, recorded at Deed Book 526, Page 113 in the Fairfield County Recorder's Office. AS TO LOT 23-280 ONLY Platted Easements, Covenants, Conditions, Restrictions, or Building setback lines as shown on the recorded subdivision plat, recorded in Plat Volume 8, Page 92, of the Fairfield County Recorder's Office. NOTE: 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) relates to a handicap, but does not discriminate against handicapped people. NOTE: The Policy(s) of insurance may contain a clause permitting arbitration of claims at the request of either the Insured or the Company. Upon request, the Company will provide a copy of this clause and the accompanying arbitration rules prior to the closing of the transaction. 5 of 6
FIRST AMERICAN TITLE INSURANCE COMPANY PRIVACY POLICY We are committed to Safeguarding Customer Information In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information-particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information your provide us. Therefore, together with out parent company, The First American Corporation, we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs use of the information which you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern our use of personal information regardless of its source. First American calls these guidelines its Fair Information Values, a copy of which can be found on our website at www.firstam.com. Type of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include. 1. Information we receive from you on applications, forms, and in other communications to us, whether in writing, in person, by telephone, or any other means; 2. Information about your transactions with us, our affiliated companies, or others; and 3. Information we receive from a consumer reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except; (1) as necessary for us to provide the product or service you have requested to us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated include financial service providers, such as title insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies, and escrow companies. Furthermore, we may also provide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy and First American's Fair Information Values. We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your non public personal information. Arrow Title Agency LLC hereby adopts this policy statement. Inquiries and questions may be made to the attention of Jonathan Holfinger, 4200 Regent Street, Suite 210, Columbus, OH 43219. 6 of 6