CHIRCO TITLE AGENCY, INC Harper Ave., St. Clair Shores, MI 48081
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1 CHIRCO TITLE AGENCY, INC Harper Ave., St. Clair Shores, MI (586) Case No.: C Invoice Date: June 30, 2017 Kirk, Huth, Lange & Badalamenti, PLC Hall Road, Suite 100 Clinton Township, MI Attn: Bob Kirk Customer Reference: Lakeside Blvd., Shelby Township, MI Policy Type Amount of Insurance Charges ALTA Owners Policy (6/17/06) TBD $ TOTAL $ A COMMITMENT OF QUALITY Commitment Invoice C
2 FIDELITY NATIONAL TITLE INSURANCE COMPANY ALTA COMMITMENT FORM COMMITMENT FOR TITLE INSURANCE Fidelity National Title Insurance Company, a Illinois Corporation ("Company"), for a valuable consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements; all subject to the provisions of Schedules A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this Commitment shall cease and terminate 90 days after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue the policy or policies is not the fault of the Company. The Company will provide a sample of the policy form upon request. IN WITNESS WHEREOF, Fidelity National Title Insurance Company has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A. Dated: June 7, 2017 Countersigned: By: Authorized Officer or Agent Copyright 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. ALTA Commitment Form (2006) Face Page File No.: C
3 Fidelity National Title Insurance Company CHIRCO TITLE AGENCY, INC. an agency for Fidelity National Title Insurance Company File No.: C Commitment No.: C SCHEDULE A 1. Effective Date: June 7, 2017 at 08:00 AM 2. Policy or Policies to be issued: Amount a. ALTA Owners Policy (6/17/06) TBD Proposed Insured: TBD 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: Shelby Charter Township Building Authority 5. The land referred to in the Commitment is described as follows: Land in the Township of Shelby, County of Macomb, State of Michigan SEE SCHEDULE C ATTACHED HERETO Dated: June 7, 2017 Countersigned: By: Authorized Officer or Agent Copyright 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. ALTA Commitment Form (2006) Schedule A File No.: C
4 FIDELITY NATIONAL TITLE INSURANCE COMPANY SCHEDULE B Commitment No.: C Requirements: NOTE: The actual value of the estate or interest to be insured must be disclosed to us, and subject to the approval by the underwriter, entered as the amount of the policy to be issued. Until the amount of the policy to be issued shall be determined, and entered as aforesaid, it is agreed that as between the underwriter, the applicant for this commitment, and every person relying on this commitment, the underwriter cannot be required to approve any such evaluation in excess of $100,000 and the total liability of the underwriter on account of the commitment shall not exceed that amount. a. Submit to us a resolution of the Board of Trustees of Shelby Charter Township Building Authority, approving the transaction and authorizing one or more officers to execute and deliver the required documents. b. Instruments necessary to create the estate or interest to be insured must be properly executed, delivered and duly filed for record, as follows: Record Warranty Deed from Shelby Charter Township Building Authority to proposed insured. c. Provide us with evidence of payment of taxes due plus interest and penalties, if any, for the following: 2016 and all prior taxes Paid Summer taxes are EXEMPT 2016 Winter taxes are EXEMPT Tax Identification No d. The following requirements must be met: (a) Pay the agreed amounts for the interest in the land and/or the mortgage to be insured. (b) Pay us the premiums, fees, and charges for the policy. (c) 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 make additional requirements or exceptions. e. If a legal description of the property to be insured was not furnished at the time of application, please immediately verify that the description shown covers all of the intended property. Any additions or deletions should immediately be communicated to us. f. If the improvement located on the subject land is a mobile/manufactured home, notify us immediately and this Commitment will be revised and made subject to such further requirements and exceptions as deemed necessary. Copyright 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. ALTA Commitment Form (2006) Schedule B File No.: C
5 SCHEDULE B (Continued) g. Owner's Affidavit(s), in the form furnished by us, must be completed and executed by all Sellers, Buyers and/or Borrowers to the transaction to be insured, and we reserve the right to raise any additional requirements and/or exceptions to title as deemed necessary based upon the information provided. h. If under Public Act 201 of 2010, the land to be insured is defined as Commercial Real Estate and the proposed transaction is or will be the subject of a written commission agreement with a commercial real estate broker, notify us immediately and this Commitment will be revised and made subject to such further requirements and exceptions as deemed necessary. 2. Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company: a. Rights or claims of parties in possession not shown by the Public Records. b. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete survey of the Land. c. Easements or claims of easements not shown by the Public Records and existing water, mineral, oil and exploration rights. d. Any lien, or right to a lien, for services, labor, or material, heretofore or hereafter furnished, imposed by law and not shown by Public Records. e. Any and all oil, gas, mineral, mining rights and/or reservations thereof. f. Taxes or special assessments which are not shown as existing liens by the Public Records. g. Unpaid water, sewer, electric or gas charges, if any, that have not been levied as taxes against the land. h. Grant of Easement to Comcast of Shelby, Inc. as recorded in Liber 21530, Page 270, Macomb County Records. i. Covenant and Deed Restrictions as recorded in Liber 4548, Page 372 and amended in Liber 4566, Page 73, Macomb County Records. j. Joint Underground Right of Way Agreement to The Detroit Edison Company and Michigan Bell Telephone Company as recorded in Liber 4834, Page 733, Macomb County Records. k. Declaration of Easements and Agreement for Maintenance as recorded in Liber 4790, Page 567, Macomb County Records. l. Easement to Michigan Bell Telephone Company as recorded in Liber 4763, Page 660 and Liber 4763, Page 661, Macomb County Records. m. Detroit Edison Underground Distribution Easement (Right of Way) as recorded in Liber 5535, Page 380, Macomb County Records. Copyright 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. ALTA Commitment Form (2006) Schedule B File No.: C
6 SCHEDULE B (Continued) n. Easement for Gas Pipeline as recorded in Liber 5899, Page 899 and Liber 5899, Page 905, Macomb County Records. o. Any provisions contained in any instruments of record which provisions pertain to the transfer of divisions under Section 109(3) of the Subdivision Control Act of 1967, as amended. p. Subject to the rights of the public and of any governmental agency in any part of the land thereof taken, used or deeded for street, road or highway purposes. Copyright 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. ALTA Commitment Form (2006) Schedule B File No.: C
7 FIDELITY NATIONAL TITLE INSURANCE COMPANY SCHEDULE C Commitment No.: C LEGAL DESCRIPTION The land referred to in this Commitment is described as follows: Part of the SW 1/4 of Sec. 36, T.3 N., R. 12 E., described as beginning at a point a distance feet North 00 degrees 41 minutes 43 seconds West along the West line of said Sec. 36 and a distance of feet North 89 degrees 01 minute 14 seconds East of the SW corner of said Sec. 36; thence North 00 degrees 41 minutes 43 seconds West feet; thence North 89 degrees 01 minute 14 seconds East feet; thence South 00 degrees 48 minutes 30 seconds East feet; thence South 89 degrees 01 minute 14 seconds West feet to the point of beginning. Copyright 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. ALTA Commitment Form (2006) Schedule C File No.: C
8 FIDELITY NATIONAL TITLE INSURANCE COMPANY ALTA COMMITMENT FORM COMMITMENT FOR TITLE INSURANCE CONDITIONS 1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at Copyright 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. ALTA Commitment Form (2006) Conditions File No.: C
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