Order Details File #: TAMFHA-48235 Client File #: 1919780902 Property Address:54 Hyde Park, Lockport, NY 14094 Title Company Information Bay National Title 13577 Feather Sound Drive, Ste 250 Clearwater, FL 33762 Phone: 727-331-8506 Assigned Coordinator Details Escrow Officer: Email: closings@bntc.com Title Officer: Email: curative@bntc.com Grade: E Item 5,6 Unreleased Mortgage (s) Curative Items: Description 7 Pending Litigation-Lis Pendens Unrecorded FC deed Non Curative Items: Item Description
DISCLAIMER: THE TITLE INFORMATION CONTAINED HEREIN IS SUPPLIES AS A COURTESY ONLY AND IS NOT INTENDED TO SUPPLEMENT OR TO EXTEND THE COVERAGE OF THE UNDERLYING TITLE REPORT. REFERENCE SHOULD BE MADE TO THE TITLE REPORT FOR ALL QUESTIONS CONCERNING THE STATUS OF THE TITLE TO THE SUBJECT PROPERTY. BAY NATIONAL TITLE CO. ACCEPTS NO LIABILITY FOR THE INFORMATION CONTAINED HEREIN. REFERENCE SHOULD BE MADE TO THE UNDERLYING TSR FOR ALL QUESTIONS CONCERNING TITLE STATUS FOR THE PROPERTY.
COMMITMENT FOR TITLE INSURANCE Issued by WFG National Title Insurance Company WFG National Title Insurance Company, a South Carolina 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 ninety (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, WFG 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. WFG NATIONAL TITLE INSURANCE COMPANY BY: President ATTEST: Secretary
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< http://www.alta.org/>.
SCHEDULE A ALTA COMMITMENT Effective Date: April 4, 2017 8:00AM 1. Policy or Policies to be issued: (a) A.L.T.A. Owner's Policy (ALTA form 6/17/06) Amount of Policy: Proposed Insured: Proposed Insured Owner(s) (b) A.L.T.A. Loan Policy (ALTA form 6/17/06) Amount of Policy: Proposed Insured: 2. The estate or interest in the land described or referred to in this Commitment and covered herein is an estate or interest designated as follows: FEE SIMPLE 3. Title to the estate or interest in the land described or referred to in this Commitment and covered herein (and designated as indicated in No. 2 above) is, at the effective date hereof, vested in: Leslie A. Wojtkowski. 4. The land referred to in this Commitment is in the State of New York, County of Niagara, and described as follows: SEE ATTACHED EXHIBIT A By: Bay National Title Company Authorized Signatory 13577 Feather Sound Drive, Ste. 250 Clearwater, FL 33762
EXHIBIT A All that tract or parcel of land situate in the City of Lockport, County of Niagara and State of New York, being part of Lot 6, Section 14, Township 14, Range 6 of the Holland Land Company's Survey and according to a certain Resubdivision Map of Hyde Park prepared for Lockport Homes Company Inc. by Julius F. Frehsee on June 9, 1917 filed in Niagara County Clerk's Office on October 16, 1917, under Cover No. 328, now in Book 11 of MicrofiImed Maps page 1068, is known as Subdivision Lot No. 84 on the East side Hyde Park. Parcel ID: 109.73-1-11 Commonly known as: 54 Hyde Park, Lockport, NY 14094 The property address and tax parcel identification number listed are provided solely for informational purposes, without warranty as to accuracy or completeness and are not hereby insured.
SCHEDULE B-I ALTA COMMITMENT Requirements 1. Pay and/or disburse the agreed amounts for the interest in the land to be insured and/or according to the mortgage to be insured. 2. Pay the premiums, fees and charges for the policy. 3. Pay all taxes, charges, assessments levied and assessed against subject premises, which are due and payable. 4. Instrument(s) creating the estate or interest to be insured must be properly executed, delivered and filed for record. a. Warranty Deed or Special Warranty Deed to be executed by the duly authorized representative of Jpmorgan Chase to Proposed Insured Owner(s), conveying the property as described in Schedule A of this Commitment. In the event the conveyance of title to the proposed insured is to be made by any entity other than the foregoing named Grantor or is to be made through use of any other deed format other than a Warranty Deed or Special Warranty Deed as herein required or the deed contains an exception for any Code Enforcement Lien(s), Company must be notified and thereupon this Commitment will be revised to require the release of the land described in Schedule A from any cross-attaching Code Enforcement Liens attaching to said land. NOTE: If the property is homestead property, the spouse of said party must join in the execution of the deed. If the individual(s) in title are unmarried, then indicate this on the deed. If the property is not homestead, then a statement to that effect must be reflected on the deed. NOTE: If the property is homestead property, the spouse of said party must join in the execution of the mortgage. If the individual(s) in title are unmarried, then indicate this on the mortgage. If the property is not homestead, then a statement to that effect must be reflected on the mortgage. 5. Secure and record a Satisfaction of Mortgagein favor of the Secretary of the U.S. Department of Housing and Urban Development, in the original principal amount of $6,986.96, recorded on 6/22/2015, in Official Records Instrument No. 2015-09746. 6. Secure and record a Satisfaction of Mortgage in favor of Mortgage Electronic Registration Systems, Inc., as nominee for M&T Mortgage Corporation, in the original principal amount of $66,752.00, recorded on 12/1/2005, in Official Records Book 5111, page 398, which Mortgage is now held by Chase Home Finance, LLC, by virtue of Assignment of Mortgage recorded in Official Records Book 1687, page 290, which has been modified by Mortgage Modification recorded in Official Records Instrument No. 2014-01607, which has been modified by Mortgage Modification recorded in Official Records Instrument No. 2016-09920. 7. There appears of record a lawsuit filed in the Supreme Court of the State of New York, County of Niagara, styled as JPMorgan Chase Bank, National Association, Plaintiff, versus Leslie Wojtkowski a/k/a Leslie A. Wojtkowski Defendant, in Case Number E157712/2016 as evidenced by that certain Lis Pendensrecorded in Official Records Instrument No. 2016261355 of said Public Records. The Company will require dismissal of the lawsuit and cancellation of the Lis Pendens. 8. Satisfactory survey, in conformity with the minimum standards for land surveys made for title insurance purposes, certified to the Company, and/or its agents, through a current date, disclosing the nature and extent of any encroachments, overlaps, boundary line discrepancies, or other matters adversely affecting title to the property to be insured. Additional requirements and/or exceptions will be made for any appropriate matters disclosed. 9. Proof of payment of any outstanding assessments in favor of Niagara County, New York, any special taxing district and any municipality.
NOTE: If this requirement is not satisfied the following exception will appear on Schedule B: Any outstanding assessments in favor of Niagara County, New York, any special taxing district and any municipality. 10. Proof of payment of service charges for water, sewer, waste and gas, if any, through the date of closing. NOTE: If this requirement is not met the following exception will appear on Schedule B: Any lien provided for by New York Statutes in favor of any city, town, village or port authority for unpaid service charges for service by any water, sewer, waste or gas system supplying the insured land or service facilities. 11. No liability is incurred by this Commitment until the Proposed Insured Owner has been disclosed to this Company, and/or its policy issuing agent herein. Once the Buyer(s) names have been disclosed, this Report can be completed and may be redrafted to deal with the effect of any documents, proceedings, liens, decrees, or other matters, if any, relating to said Buyer(s), which may affect the title to or impose liens or encumbrances on the Insured Land. The Company reserves the right to make additional requirements, or exceptions, should any additional facts or information be disclosed by the compliance with the preceding requirement. 12. When the Company has been provided the amount of the full insurable value of the land, and the Company has agreed to that value, Schedule A will be amended accordingly. NOTE: An owner s policy, insuring an estate or interest in the subject property herein, will not be issued for less than full value of the subject property. 13. The amount of insurance of the proposed Policy is limited to $1,000.00. The total liability of the Company under this commitment shall not exceed that amount, unless and until another amount of insurance of the Policy to be issued is agreed upon and the Company s applicable insurance charges are paid. The Company requires satisfactory evidence of the loan, actual value, or sales price, of the estate or interest to be insured. If the Company approves that amount, it may be entered as the amount of insurance of the proposed Policy to be issued. 14. Obtain a sworn affidavit by the current owner(s), certifying that there are no liens against the insured land other than as disclosed by this commitment; that there are no outstanding or pending claims against the affiant that may constitute the basis for a lien against the insured land; that other than as disclosed by this commitment there are no matters which constitute defects in affiants' title to the insured land; and that there are no matters existing at this date which would adversely affect the ability of the affiant to convey and/or mortgage the insured land. 15. Furnish Company with an Affidavit satisfactory thereto executed by owner, or its agent, that there are no parties in possession of the land described in Schedule A and that there are no claims to any rights of possession or any lease affecting said land known to exist. Said Affidavit must be based on the actual knowledge of the Affiant after their due investigation and inquiry and not merely to the best of their knowledge and belief. In lieu of such owner's Affidavit, Company will accept a similar affidavit from the buyer proposed to be insured hereunder. 16. Immediately prior to disbursement of the closing proceeds, the search of the public records must be continued from the effective date hereof. The Company reserves the right to raise such further exceptions and requirements as an examination of the information revealed by such search requires, provided, however, that such exceptions or requirements shall not relieve the Company from its liability under this Commitment arising from the matters which would be revealed by such search, to the extent that Company, or its Agent countersigning this Commitment, has disbursed said proceeds. NOTE: All recording references in this commitment/policy shall refer to the public records of Niagara County, New York, unless otherwise noted. NOTE: Any matters listed as requirements on Schedule B-I above that are not resolved to the satisfaction of Company will be shown as an exception on final policy. NOTE: The Company reserves the right to make further requirements and/or exceptions upon its review of the proposed documents creating the estate or interest to be insured or otherwise ascertaining details of the transaction. NOTE: 2017 Real Property Taxes in the gross amount of $553.42 are paid, under Tax I.D. No. 109.73-1-11.
SCHEDULE B-II ALTA COMMITMENT Exceptions 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: 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. Rights or Claims of parties in possession not shown by the public records. 3. Easements or claims of easements not shown by the public records. 4. Any encroachment, encumbrance, violation, 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. 5. Any lien or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 6. Any adverse ownership claim by right of sovereignty to any portion of the lands insured hereunder, including submerged, filled and artificially exposed lands and lands accreted to such lands. 7. Minerals of whatsoever kind, subsurface and surface substances, including but not limited to coal, lignite, oil, gas, uranium, clay, rock, sand and gravel in, on, under and that may be produced from the Land, together with all rights, privileges, and immunities relating thereto, whether or not appearing in the Public Records or listed in Schedule B. The Company makes no representation as to the present ownership of any such interests. There may be leases, grants, exceptions or reservations of interests that are not listed. 8. Taxes for the year 2016 and subsequent years which are not yet due and payable. 9. Easements, restrictions, covenants and conditions as set forth in the Plat of Hyde Park, recorded in Plat Book 11, Micorfilmed Maps page 1068.
Deed Type: Deed Grantors: Andrew S. Millen and Elixabeth L. Millen Grantees: Leslie A. Wojtkowski Instrument: 1011131 Dated: December 1, 2005 Recorded Date: December 1, 2005 Consideration: $1.00 CHAIN OF TITLE Tax Year: 2017 Tax Type: County Tax ID #: 109.73-1-11 Taxing Entity: City of Lockport, NY First Installment: $553.42 First Installment Status: Paid TAX INFORMATION Tax Year: 2017 Tax Type: City/Town/Borough Tax ID #: 109.73-1-11 Taxing Entity: City of Lockport, NY First Installment: $1,646.65 First Installment Status: Paid Tax Year: 2016 Tax Type: School District Tax ID #: 109.73-1-11 Taxing Entity: Lockport City School District Tax Collector First Installment: $1,782.16 First Installment Status: Paid