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HomeMy WebLinkAboutWARRANTY DEED MORTON MEMORIAL SUBDIVISION r 201908383 WD $25.00 05/09/2019 04:00:28P 2 PGS Terry Conway Clark County Recorder IN Recorded as Presented iIlillIIIIIIIIIliIIIAVIIIVIIIVIIIVIIIVIIIillil1NIiilllilt ft Key No.: 10-21-02-101-020.000-009(021-164-0011) WARRANTY DEED THIS INDENTURE WITNESSETH, that Hoa Truong, of Manatee County. Florida ("Grantor"). for and in consideration of the sum of One Dollar($1.00) and other good and valuable considerations, the receipt of which is hereby acknowledged, CONVEYS AND WARRANTS to City of Jeffersonville, of Clark County, Indiana ("Grantee"), the following described real estate together with all appurtenances, mineral rights and other interests belonging or appertaining thereto, located in Clark County, Indiana, to-wit: Lot # 1 of Minor Plat of Morton Memorial Subdivision, as the same appears of record in Plat Book 16, page 59 in the office of the Recorder of Clark County, Indiana. This conveyance is made subject to all applicable easements, rights-of-way, covenants, restrictions and mineral interest reservations of record. Real estate taxes having been apportioned between Grantor and Grantee herein, Grantee hereby assumes and agrees to pay the first installment of real estate taxes for the year 2019,payable in 2020,and all subsequent real estate taxes. IN WITNESS WHEREOF, Grantor hereby executes this deed on this the b day of ,2019. Hoa Truoni MAY 092010 STATE OF FLORIDA COUNTY OF MANATEE The foregoing instrument was acknowledged before this t, day of NI0- ,2019 by Hoa Truong who is personally known to me or who has produced driver license(s)as identi 'cation. -.7r-kir 11/6 l'Ute—C/ Printed Name Notary Public „,,,v,,,,,,,,,.vvvi j n. i Notary Public State of Florida MyCommission expires: 4 57 17 l . `' °'` I ;, ' MyTylCommr A ` � (� My Commission GG 105870 Serial Number: /v f a Its '1.o,,. EXpi 05;17/2021 *Prepared at the request of SouthEastern Indiana Title Company I affirm,under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document, unless required by law, and that this instrument was prepared by: Alan M. Applegate APPLEGATE FIFER PULLIAM P. O. Box 1418 Jeffersonville, Indiana 47131-1418 (812) 284-9499 Tax Statement Mailing Address: iCI”? cv tico-ev olast' ' ( jc fe otrifi1t ) IN; 411;30 Grantee Mailing Address: I 6 .tt�-kt rvt taster C'~ . r.citVi t€, im 4.113 2 oCHICAGO TITLE INSURANCE COMPANY Policy No. : 4429-1-19-153-2019.74306-216796518 OWNER'S POLICY OF TITLE INSURANCE Issued by CHICAGO TITLE INSURANCE COMPANY Any notice of claim and any other notice or statement in writing required to be given the Company under this Policy must be given to the Company at the address shown in Section 18 of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE 5. The violation or enforcement of any law, ordinance, EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE permit, or governmental regulation (including those B, AND THE CONDITIONS, CHICAGO TITLE INSURANCE relating to building and zoning) restricting, COMPANY, a Florida corporation, (the "Company") insures regulating, prohibiting, or relating to as of Date of Policy and, to the extent stated in Covered (a) the occupancy, use, or enjoyment of the Land; Risks 9 and 10, after Date of Policy, against loss or (b) the character, dimensions, or location of any damage, not exceeding the Amount of Insurance, sustained improvement erected on the Land; or incurred by the Insured by reason of: (c) the subdivision of land; or 1. Title being vested other than as stated in Schedule if environmentalice, protection if a notice, describing any part of the Land, is A. recorded in the Public Records setting forth the 2. Any defect in or lien or encumbrance on the Title. violation or intention to enforce, but only to the This Covered Risk includes but is not limited to extent of the violation or enforcement referred to in insurance against loss from that notice. (a) A defect in the Title caused by 6. An enforcement action based on the exercise of a (i) forgery, fraud, undue influence, duress, governmental police power not covered by Covered incompetency, incapacity, or Risk 5 if a notice of the enforcement action, impersonation; describing any part of the Land, is recorded in the (ii) failure of any person or Entity to have Public Records, but only to the extent of the authorized a transfer or conveyance; enforcement referred to in that notice. (iii) a document affecting Title not properly 7. The exercise of the rights of eminent domain if a created, executed, witnessed, sealed, notice of the exercise, describing any part of the acknowledged, notarized, or delivered; Land, is recorded in the Public Records. (iv) failure to perform those acts necessary to 8. Any taking by a governmental body that has create a document by electronic means occurred and is binding on the rights of a purchaser authorized by law; for value without Knowledge. (v) a document executed under a falsified, 9. Title being vested other than as stated Schedule A expired, or otherwise invalid power of or being defective attorney; (a) as a result of the avoidance in whole or in part, (vi) a document not properly filed, recorded, or or from a court order providing an alternative indexed in the Public Records including remedy, of a transfer of all or any part of the failure to perform those acts by electronic title to or any interest in the Land occurring means authorized by law; or prior to the transaction vesting Title as shown (vii)a defective judicial or administrative in Schedule A because that prior transfer proceeding. constituted a fraudulent or preferential transfer (b) The lien of real estate taxes or assessments under federal bankruptcy, state insolvency, or imposed on the Title by a governmental similar creditors' rights laws; or authority due or payable, but unpaid. (b) because the instrument of transfer vesting Title (c) Any encroachment, encumbrance, violation, as shown in Schedule A constitutes a variation, or adverse circumstance affecting the preferential transfer under federal bankruptcy, Title that would be disclosed by an accurate state insolvency, or similar creditors' rights and complete land survey of the Land. The laws by reason of the failure of its recording in term "encroachment" includes encroachments the Public Records of existing improvements located on the Land (i) to be timely, or onto adjoining land, and encroachments onto (ii) to impart notice of its existence to a the Land of existing improvements located on purchaser for value or to a judgment or adjoining land. lien creditor. 3. Unmarketable Title. 10. Any defect in or lien or encumbrance on the Title or 4. No right of access to and from the Land. other matter included in Covered Risks 1 through 9 that has been created or attached or has been filed 74306 ALTA Owners Policy 06/17/06_306 Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) 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. Page 1 of 5 OWNERS POLICY CHICAGO TITLE INSURANCE COMPANY A Florida corporation, herein called the Company National Claims Administration P.O. Box 45023 Jacksonville, FL 32232-5023 SCHEDULE A FILE NUMBER POLICY NUMBER DATE OF POLICY AMOUNT OF INSURANCE 1 19-153 2 4429-1-19-153- 3 May 9,2019 4 $165,000.00 2019.74306-216796518 at 4:00 p.m. Address Reference: 3601 Woehrle Road Jeffersonville, IN 47130 1. Name of Insured: City of Jeffersonville,of Clark County, Indiana 2. The estate or interest in the Land which is covered by this policy is: Fee Simple 3. Title to the estate or interest in the Land is vested in the Insured. 4. The Land herein described is encumbered by the following mortgage or trust deed, and assignments: None 5. The Land referred to in this Policy is described as follows: Lot # 1 of Minor Plat of Morton Memorial Subdivision, as the same appears of record in Plat Book 16,page 59 in the office of the Recorder of Clark County, Indiana. Page 1 of 2 CHICAGO TITLE INSURANCE COMPANY OWNERS POLICY SCHEDULE B Policy Number: 4429-1-19-153-2019.74306-216796518 Owners EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Rights or claims of parties in possession not shown by the Public Records. 2. Easements, or claims of easements, not shown by the Public Records. 3. 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. 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by any Public Records. 5. Taxes or special assessments which are not shown as existing liens by the Public Records. 6. Assessments for 2018, due in 2019, payable to the County Treasurer, as follows: Real property tax assessments: First installment $1,300.00 paid Second installment $1,300.00 paid Identification No.: 10-21-02-101-020.000-009 (021-164-0011) 7. Assessments for 2019, due and payable in 2020, became a lien as of January 1, 2019, in an amount not now ascertainable. 8. Matters as shown on the Survey by John H. Toombs, Jr. recorded March 6, 1998 in Miscellaneous Drawer, 30, as Instrument No. 4173. 9. Right-of-Way Easement dated January 15, 1986, to Watson Rural Water Company, Inc., recorded in Deed Drawer 18, as Instrument No. 5626. 10. Terms, provisions, covenants, conditions, and restrictions, easements, charges, assessments and liens provided in Restrictions, if any. 11. Matters as shown on the recorded plat. 12. Right of way for drainage ditches, tiles, feeders and laterals, if any. 13. Rights of the public, the State of Indiana, County of Clark, and the municipality in and to that part of the premises taken or used for road purposes. 14. 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.) 15. Foreign judgments filed in the Clark County Clerk's office prior to July, 2010. NOTE: I.C.8-1-26 provides for the recordation of a Notice of Underground Facilities. The Insured is invited to make inquiry of all operators of such facilities if the possibility of underground facilities of concern to the Insured. No search has been made for Notice of Underground Facilities which may have been recorded. By calling 800-382-5544, most, but not all, operators can be notified of the need to provide location information. Page 2 of 2 • FIDELITY NATIONAL FINANCIAL PRIVACY NOTICE Fidelity National Financial, Inc. and its majority-owned subsidiary companies (collectively, "FNF," "our," or"we") respect and are committed to protecting your privacy. This Privacy Notice explains how we collect, use, and protect personal information, when and to whom we disclose such information, and the choices you have about the use and disclosure of that information. Types of Information Collected We may collect two types of information from you: Personal Information and Browsing Information. Personal Information. FNF may collect the following categories of Personal Information: • contact information (e.g., name, address, phone number, email address); • demographic information (e.g., date of birth, gender, marital status); • identity information (e.g. Social Security Number, driver's license, passport, or other government ID number); • financial account information (e.g. loan or bank account information); and • other personal information necessary to provide products or services to you. Browsing Information. FNF may automatically collect the following types of Browsing Information when you access an FNF website, online service, or application (each an "FNF Website") from your Internet browser, computer, and/or mobile device: • Internet Protocol (IP) address and operating system; • browser version, language, and type; • domain name system requests; and • browsing history on the FNF Website, such as date and time of your visit to the FNF Website and visits to the pages within the FNF Website. How Personal Information is Collected We may collect Personal Information about you from: • information we receive from you on applications or other forms; • information about your transactions with FNF, our affiliates, or others; and • information we receive from consumer reporting agencies and/or governmental entities, either directly from these entities or through others. How Browsing Information is Collected If you visit or use an FNF Website, Browsing Information may be collected during your visit. Like most websites, our servers automatically log each visitor to the FNF Website and may collect the Browsing Information described above. We use Browsing Information for system administration, troubleshooting, fraud investigation, and to improve our websites. Browsing Information generally does not reveal anything personal about you, though if you have created a user account for an FNF Website and are logged into that account, the FNF Website may be able to link certain browsing activity to your user account. Other Online Specifics Cookies. When you visit an FNF Website, a "cookie" may be sent to your computer. A cookie is a small piece of data that is sent to your Internet browser from a web server and stored on your computer's hard drive. Information gathered using cookies helps us improve your user experience. For example, a cookie can help the website load properly or can customize the display page based on your browser type and user preferences. You can choose whether or not to accept cookies by changing your Internet browser settings. Be aware that doing so may impair or limit some functionality of the FNF Website. Revised May 1,2018 Copyright©2018. Fidelity National Financial,Inc.All Rights Reserved. Choices With Your Information If you do not want FNF to share your information with our affiliates to directly market to you, you may send an "opt out" request by email, phone, or physical mail as directed at the end of this Privacy Notice. We do not share your Personal Information with nonaffiliates for their use to direct market to you. Whether you submit Personal Information or Browsing Information to FNF is entirely up to you. If you decide not to submit Personal Information or Browsing Information, FNF may not be able to provide certain services or products to you. For California Residents: We will not share your Personal Information or Browsing Information with nonaffiliated third parties, except as permitted by California law. For Nevada Residents: You may be placed on our internal Do Not Call List by calling (888) 934-3354 or by contacting us via the information set forth at the end of this Privacy Notice. Nevada law requires that we also provide you with the following contact information: Bureau of Consumer Protection, Office of the Nevada Attorney General, 555 E. Washington St., Suite 3900, Las Vegas, NV 89101; Phone number: (702) 486-3132; email: BCPINFO@ag.state.nv.us. For Oregon Residents: We will not share your Personal Information or Browsing Information with nonaffiliated third parties for marketing purposes, except after you have been informed by us of such sharing and had an opportunity to indicate that you do not want a disclosure made for marketing purposes. For Vermont Residents: We will not disclose information about your creditworthiness to our affiliates and will not disclose your personal information, financial information, credit report, or health information to nonaffiliated third parties to market to you, other than as permitted by Vermont law, unless you authorize us to make those disclosures. Information From Children The FNF Websites are meant for adults and are not intended or designed to attract persons under the age of eighteen (18).We do not collect Personal Information from any person that we know to be under the age of thirteen (13) without permission from a parent or guardian. International Users FNF's headquarters is located within the United States. If you reside outside the United States and choose to provide Personal Information or Browsing Information to us, please note that we may transfer that information outside of your country of residence for any of the purposes described in this Privacy Notice. By providing FNF with your Personal Information and/or Browsing Information, you consent to our collection, transfer, and use of such information in accordance with this Privacy Notice. FNF Website Services for Mortgage Loans Certain FNF companies provide services to mortgage loan servicers, including hosting websites that collect customer information on behalf of mortgage loan servicers (the "Service Websites"). The Service Websites may contain links to both this Privacy Notice and the mortgage loan servicer or lender's privacy notice. The sections of this Privacy Notice titled When Information is Disclosed, Choices with Your Information, and Accessing and Correcting Information do not apply to the Service Websites. The mortgage loan servicer or lender's privacy notice governs use, disclosure, and access to your Personal Information. FNF does not share Personal Information collected through the Service Websites, except (1) as required or authorized by contract with the mortgage loan servicer or lender, or (2) as required by law or in the good-faith belief that such disclosure is necessary to comply with a legal process or applicable law, to enforce this Privacy Notice, or to protect the rights, property, or safety of FNF or the public. Revised May 1,2018 Copyright©2018.Fidelity National Financial,Inc.All Rights Reserved. 0 CHICAGO TITLE INSURANCE COMPANY NOTICE TO POLICYHOLDERS Questions regarding your policy or coverage should be directed to: Chicago Title Insurance Company 800-229-3310 x1182 If you (a) need the assistance of the governmental agency that regulates insurance; or (b) have a complaint you have been unable to resolve with your insurer you may contact the Department of Insurance by mail, telephone or email: State of Indiana Department of Insurance Consumer Services Division 311 West Washington Street, Suite 300 Indianapolis, Indiana 46204 Consumer Hotline: (800) 622-4461 ; (317) 232-2395 Complaints can be filed electronically at www.in.gov/idoi. (c)"Entity": A corporation, partnership, trust, limited purchaser from the Insured, or only so long as the Insured liability company, or other similar legal entity. shall have liability by reason of warranties in any transfer or (d)"Insured": The Insured named in Schedule A. conveyance of the Title. This policy shall not continue in force (i) The term "Insured" also includes in favor of any purchaser from the Insured of either (i) an (A) successors to the Title of the Insured by estate or interest in the Land, or (ii) an obligation secured by operation of law as distinguished from purchase, including a purchase money Mortgage given to the Insured. heirs, devisees, survivors, personal representatives, or next of 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED kin; CLAIMANT (B) successors to an Insured by dissolution, The Insured shall notify the Company promptly in writing merger, consolidation, distribution, or reorganization; (i) in case of any litigation as set forth in Section 5(a) of these (C) successors to an Insured by its conversion to Conditions, (ii) in case Knowledge shall come to an Insured another kind of Entity; hereunder of any claim of title or interest that is adverse to (D) a grantee of an Insured under a deed the Title, as insured, and that might cause loss or damage for delivered without payment of actual valuable consideration which the Company may be liable by virtue of this policy, or conveying the Title (iii) if the Title, as insured, is rejected as Unmarketable Title. (1)if the stock, shares, memberships, or other If the Company is prejudiced by the failure of the Insured equity interests of the grantee are wholly-owned by the Claimant to provide prompt notice, the Company's liability to named Insured, the Insured Claimant under the policy shall be reduced to the (2)if the grantee wholly owns the named Insured, extent of the prejudice. (3)if the grantee is wholly-owned by an affiliated 4. PROOF OF LOSS Entity of the named Insured, provided the affiliated Entity and In the event the Company is unable to determine the the named Insured are both wholly-owned by the same amount of loss or damage, the Company may, at its option, person or Entity, or require as a condition of payment that the Insured Claimant (4)if the grantee is a trustee or beneficiary of a furnish a signed proof of loss. The proof of loss must describe trust created by a written instrument established by the the defect, lien, encumbrance, or other matter insured against Insured named in Schedule A for estate planning purposes. by this policy that constitutes the basis of loss or damage and (ii) With regard to (A), (B), (C), and (D) reserving, shall state, to the extent possible, the basis of calculating the however, all rights and defenses as to any successor that the amount of the loss or damage. Company would have had against any predecessor Insured. 5. DEFENSE AND PROSECUTION OF ACTIONS (e) "Insured Claimant": An Insured claiming loss or (a)Upon written request by the Insured, and subject to the damage. options contained in Section 7 of these Conditions, the (f) "Knowledge" or "Known": Actual knowledge, not Company, at its own cost and without unreasonable delay, constructive knowledge or notice that may be imputed to an shall provide for the defense of an Insured in litigation in Insured by reason of the Public Records or any other records which any third party asserts a claim covered by this policy that impart constructive notice of matters affecting the Title. adverse to the Insured. This obligation is limited to only those (g)"Land": The land described in Schedule A, and affixed stated causes of action alleging matters improvements that by law constitute real property. The term insured against by this policy. The Company shall have the "Land" does not include any property beyond the lines of the right to select counsel of its choice (subject to the right of the area described in Schedule A, nor any right, title, interest, Insured to object for reasonable cause) to represent the estate, or easement in abutting streets, roads, avenues, Insured as to those stated causes of action. It shall not be alleys, lanes, ways or waterways, but this does not modify or liable for and will not pay the fees of any other counsel. The limit the extent that a right of access to and from the Land is Company will not pay any fees, costs, or expenses incurred by insured by this policy. the Insured in the defense of those causes of action that (h)"Mortgage": Mortgage, deed of trust, trust deed, or allege matters not insured against by this policy. other security instrument, including one evidenced by (b)The Company shall have the right, in addition to the electronic means authorized by law. options contained in Section 7 of these Conditions, at its own (i) "Public Records": Records established under state cost, to institute and prosecute any action or proceeding or to statutes at Date of Policy for the purpose of imparting do any other act that in its opinion may be necessary or constructive notice of matters relating to real property to desirable to establish the Title, as insured, or to prevent or purchasers for value and without Knowledge. With respect to reduce loss or damage to the Insured. The Company may take Covered Risk 5(d), "Public Records" shall also include any appropriate action under the terms of this policy, whether environmental protection liens filed in the records of the clerk or not it shall be liable to the Insured. The exercise of these of the United States District Court for the district where the rights shall not be an admission of liability or waiver of any Land is located. provision of this policy. If the Company exercises its rights (j) "Title": The estate or interest described in Schedule A. under this subsection, it must do so diligently. (k) "Unmarketable Title": Title affected by an alleged or (c)Whenever the Company brings an action or asserts a apparent matter that would permit a prospective purchaser or defense as required or permitted by this policy, the Company lessee of the Title or lender on the Title to be released from may pursue the litigation to a final determination by a court of the obligation to purchase, lease, or lend if there is a competent jurisdiction, and it expressly reserves the right, in contractual condition requiring the delivery of marketable title. its sole discretion, to appeal any adverse judgment or order. 2. CONTINUATION OF INSURANCE 6. DUTY OF INSURED CLAIMANT TO COOPERATE The coverage of this policy shall continue in force as of (a)In all cases where this policy permits or requires the Date of Policy in favor of an Insured, but only so long as the Company to prosecute or provide for the defense of any action Insured retains an estate or interest in the Land, or holds an or proceeding and any appeals, the Insured shall secure to the obligation secured by a purchase money Mortgage given by a Company the right to so prosecute or provide defense in the 74306 ALTA Owners Policy 06/17/06_306 Copyright 2006-2016 American Land Title Association. All rights reserved.The use of this Form (or any M : derivative thereof) 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. Page 3 of 5 12. PAYMENT OF LOSS 15. LIABILITY LIMITED TO THIS POLICY; POLICY When liability and the extent of loss or damage have been ENTIRE CONTRACT definitely fixed in accordance with these Conditions, the (a)This policy together with all endorsements, if any, payment shall be made within 30 days. attached to it by the Company is the entire policy and contract 13. RIGHTS OF RECOVERY UPON PAYMENT OR between the Insured and the Company. In interpreting any SETTLEMENT provision of this policy, this policy shall be construed as a (a)Whenever the Company shall have settled and paid a whole. claim under this policy, it shall be subrogated and entitled to (b)Any claim of loss or damage that arises out of the status the rights of the Insured Claimant in the Title and all other of the Title or by any action asserting such claim shall be rights and remedies in respect to the claim that the Insured restricted to this policy. Claimant has against any person or property, to the extent of (c)Any amendment of or endorsement to this policy must the amount of any loss, costs, attorneys' fees, and expenses be in writing and authenticated by an authorized person, or paid by the Company. If requested by the Company, the expressly incorporated by Schedule A of this policy. Insured Claimant shall execute documents to evidence the (d)Each endorsement to this policy issued at any time is transfer to the Company of these rights and remedies. The made a part of this policy and is subject to all of its terms and Insured Claimant shall permit the Company to sue, provisions. Except as the endorsement expressly states, it compromise, or settle in the name of the Insured Claimant does not (i) modify any of the terms and provisions of the and to use the name of the Insured Claimant in any policy, (ii) modify any prior endorsement, (iii) extend the Date transaction or litigation involving these rights and remedies. of Policy, or(iv) increase the Amount of Insurance. If a payment on account of a claim does not fully cover the loss of the Insured Claimant, the Company shall defer the 16. SEVERABILITY exercise of its right to recover until after the Insured Claimant In the event any provision of this policy, in whole or in shall have recovered its loss. part, is held invalid or unenforceable under applicable law, the (b)The Company's right of subrogation includes the rights policy shall be deemed not to include that provision or such of the Insured to indemnities, guaranties, other policies of part held to be invalid, but all other provisions shall remain in insurance, or bonds, notwithstanding any terms or conditions full force and effect. contained in those instruments that address subrogation 17. CHOICE OF LAW; FORUM rights. (a)Choice of Law: The Insured acknowledges the Company 14. ARBITRATION has underwritten the risks covered by this policy and Either the Company or the Insured may demand that the determined the premium charged therefore in reliance upon claim or controversy shall be submitted to arbitration pursuant the law affecting interests in real property and applicable to to the Title Insurance Arbitration Rules of the American Land the interpretation, rights, remedies, or enforcement of policies Title Association ("Rules"). Except as provided in the Rules, of title insurance of the jurisdiction where the Land is located. there shall be no joinder or consolidation with claims or Therefore, the court or an arbitrator shall apply the law of controversies of other persons. Arbitrable matters may the jurisdiction where the Land is located to determine the include, but are not limited to, any controversy or claim validity of claims against the Title that are adverse to the between the Company and the Insured arising out of or Insured and to interpret and enforce the terms of this policy. relating to this policy, any service in connection with its In neither case shall the court or arbitrator apply its conflicts issuance or the breach of a policy provision, or to any other of law principles to determine the applicable law. controversy or claim arising out of the transaction giving rise (b)Choice of Forum: Any litigation or other proceeding to this policy. All arbitrable matters when the Amount of brought by the Insured against the Company must be filed Insurance is $2,000,000 or less shall be arbitrated at the only in a state or federal court within the United States of option of either the Company or the Insured. All arbitrable America or its territories having appropriate jurisdiction. matters when the Amount of Insurance is in excess of 18. NOTICES, WHERE SENT $2,000,000 shall be arbitrated only when agreed to by both Any notice of claim and any other notice or statement in the Company and the Insured. Arbitration pursuant to this writing required to be given to the Company under this policy policy and under the Rules shall be binding upon the parties. must be given to the Company at CHICAGO TITLE INSURANCE Judgment upon the award rendered by the Arbitrator(s) may COMPANY, Attn: Claims Department, P.O. Box 45023, be entered in any court of competent jurisdiction. Jacksonville, FL 32232-5023. • 74306 ALTA Owners Policy 06/17/06_306 MINIM Copyright 2006-2016 American Land Title Association. All rights reserved.The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. ,r All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 5 of 5 CHICAGO TITLE INSURANCE COMPANY File No• : 19-153 COMMITMENT FOR TITLE INSURANCE Issued by CHICAGO TITLE INSURANCE COMPANY NOTICE IMPORTANT—READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT. THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED. THE COMPANY'S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON. COMMITMENT TO ISSUE POLICY Subject to the Notice; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and the Commitment Conditions, CHICAGO TITLE INSURANCE COMPANY, a Florida company, (the "Company"), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the specified dollar amount as the Proposed Policy Amount and the name of the Proposed Insured. If all of the Schedule B, Part I—Requirements have not been met within 90 days after the Commitment Date, this Commitment terminates and the Company's liability and obligation end. I'i CHICAGO TITLE INSURANCE COMPANY By: l/ h Authorized Signatory Leah Poindexter �";`` ' By: SouthEastern Indiana Title Company E,' 422 Meigs Ave Jeffersonville, IN 47130 Te1:812-282-8486 President Fax:812-282-2773 Attest: Secretary This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by CHICAGO TITLE INSURANCE COMPANY. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II—Exceptions; and a counter- signature by the Company or its issuing agent that may be in electronic form. 74C276A 74C276A ALTA Commitment For Title Insurance 08/01/2016 90days 04/02/2018 C276A Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) 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. Page 1 of 3 CHICAGO TITLE INSURANCE COMPANY A Florida corporation, herein called the Company SouthEastern Indiana Title Company 422 Meigs Avenue Jeffersonville, IN 47130 ALTA No. 1017491 COMMITMENT No. 19-153 SCHEDULE A 1. Commitment Date: April 22, 2019 at 8:00 a.m. 2. Policy or Policies to be issued: 2006 ALTA®Owner's Policy Proposed Insured: City of Jeffersonville Proposed Policy Amount: $165,000.00 2006 ALTA® Loan Policy Proposed Insured: None Proposed Policy Amount: $-0- 3. The estate or interest in the Land described or referred to in this Commitment is fee simple. 4. Title to the estate or interest in the Land is at the Commitment Date vested in: Hoa Truong 5. The Land is described as follows: Lot# 1 of Minor Plat of Morton Memorial Subdivision, as the same appears of record in Plat Book 16, page 59 in the office of the Recorder of Clark County, Indiana. Property Address: 3601 Woehrle Road Jeffersonville,IN 47130 This page is only a part of a 2016 ALTA®Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II- Exceptions;and a counter-signature by the Company or its issuing agent that may in electronic form. Page 1 of 3 CHICAGO TITLE INSURANCE COMPANY COMMITMENT Commitment No. 19-153 SCHEDULE B, Part I Requirements All of the following Requirements must be met: 1. The Proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. 2. Pay the agreed amount for the estate or interest to be insured. 3. Pay the premiums,fees, and charges for the Policy to the Company. 4. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly authorized, executed, delivered, and recorded in the Public Records. 5. Approval of purchase by Jeff City Council, and appointing who is authorized to sign. SCHEDULE B, Part II Exceptions THIS COMMITMENT DOES NOT REPUBLISH ANY COVENANTS, CONDITION, RESTRICTION, OR LIMITATION CONTAINED IN ANY DOCUMENT REFERRED TO IN THIS COMMITMENT TO THE EXTENT THAT THE SPECIFIC COVENANT, CONDITION, RESTRICTION, OR LIMITATION VIOLATES STATE OR FEDERAL LAW BASED ON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, GENDER IDENTITY, HANDICAP, FAMILIAL STATUS,OR NATIONAL ORIGIN. This Policy will not insure against loss or damage resulting from the terms and provisions of any lease or easement identified in Schedule A, and will include the following Exceptions unless cleared to the satisfaction of the Company: 1. Any defect, lien, encumbrance, adverse claim, or other matter that appears for the first time in the Public Records or is created, attaches, or is disclosed between the Commitment Date and the date on which all of the Schedule B, Part I-Requirements are met. 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, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the 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 any public records. 6. Taxes or special assessments which are not shown as existing liens by the public record. 7. Assessments for 2018, due in 2019, payable to the County Treasurer, as follows: Real property tax assessments: First installment $1,300.00 unpaid Second installment $1,300.00 unpaid Prior del. tax $1,800.00 delinquent Prior penalty $180.00 unpaid Identification No.: 10-21-02-101-020.000-009 (021-164-0011) 8. Assessments for 2019, due and payable in 2020, became a lien as of January 1, 2019, in an amount not now ascertainable. This page is only a part of a 2016 ALTA®Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II- Exceptions;and a counter-signature by the Company or its issuing agent that may in electronic form. Page 2 of 3 Schedule B Continued: Commitment No.: 19-153 9. Complaint filed June 27, 2018, against a Hoa T. Truong, by Donna Lawrence Downs, as Case No. 10001-1806-CT- 000116. 10. Matters as shown on the Survey by John H. Toombs, Jr. recorded March 6, 1998 in Miscellaneous Drawer, 30, as Instrument No. 4173. 11. Right-of-Way Easement dated January 15, 1986, to Watson Rural Water Company, Inc., recorded in Deed Drawer 18, as Instrument No. 5626. 12. Terms, provisions, covenants, conditions, and restrictions, easements, charges, assessments and liens provided in Restrictions, if any. 13. Matters as shown on the recorded plat. 14. Right of way for drainage ditches, tiles, feeders and laterals, if any. 15. Rights of the public, the State of Indiana, County of Clark, and the municipality in and to that part of the premises taken or used for road purposes. 16. 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.) 17. Foreign judgments filed in the Clark County Clerk's office prior to July, 2010. NOTE: a. I.C.8-1-26 provides for the recordation of a Notice of Underground Facilities. The proposed insured is invited to make inquiry of all operators of such facilities if the possibility of underground facilities of concern to the proposed insured. No search has been made for Notice of Underground Facilities which may have been recorded. By calling 800-382-5544, most, but not all, operators can be notified of the need to provide location information. b. THIS COMMITMENT IS NOT AN ABSTRACT, EXAMINATION, REPORT, OR REPRESENTATION OF FACT OR TITLE AND DOES NOT CREATE AND SHALL NOT BE THE BASIS OF ANY CLAIM FOR NEGLIGENCE, NEGLIGENT MISREPRESENTATION OR OTHER TORT CLAIM OR ACTION. THE SOLE LIABILITY OF COMPANY AND ITS TITLE INSURANCE AGENT SHALL ARISE UNDER AND BE GOVERNED BY THE CONDITIONS OF THE COMMITMENT. This page is only a part of a 2016 ALTA®Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II- Exceptions;and a counter-signature by the Company or its issuing agent that may in electronic form. Page 3 of 3 FIDELITY NATIONAL FINANCIAL PRIVACY NOTICE Fidelity National Financial, Inc. and its majority-owned subsidiary companies (collectively, "FNF," "our," or"we") respect and are committed to protecting your privacy. This Privacy Notice explains how we collect, use, and protect personal information, when and to whom we disclose such information, and the choices you have about the use and disclosure of that information. Types of Information Collected We may collect two types of information from you: Personal Information and Browsing Information. Personal Information. FNF may collect the following categories of Personal Information: • contact information (e.g., name, address, phone number, email address); • demographic information (e.g., date of birth, gender, marital status); • identity information (e.g. Social Security Number, driver's license, passport, or other government ID number); • financial account information (e.g. loan or bank account information); and • other personal information necessary to provide products or services to you. Browsing Information. FNF may automatically collect the following types of Browsing Information when you access an FNF website, online service, or application (each an "FNF Website") from your Internet browser, computer, and/or mobile device: • Internet Protocol (IP) address and operating system; • browser version, language, and type; • domain name system requests; and • browsing history on the FNF Website, such as date and time of your visit to the FNF Website and visits to the pages within the FNF Website. How Personal Information is Collected We may collect Personal Information about you from: • information we receive from you on applications or other forms; • information about your transactions with FNF, our affiliates, or others; and • information we receive from consumer reporting agencies and/or governmental entities, either directly from these entities or through others. How Browsing Information is Collected If you visit or use an FNF Website, Browsing Information may be collected during your visit. Like most websites, our servers automatically log each visitor to the FNF Website and may collect the Browsing Information described above. We use Browsing Information for system administration, troubleshooting, fraud investigation, and to improve our websites. Browsing Information generally does not reveal anything personal about you, though if you have created a user account for an FNF Website and are logged into that account, the FNF Website may be able to link certain browsing activity to your user account. Other Online Specifics Cookies. When you visit an FNF Website, a "cookie" may be sent to your computer. A cookie is a small piece of data that is sent to your Internet browser from a web server and stored on your computer's hard drive. Information gathered using cookies helps us improve your user experience. For example, a cookie can help the website load properly or can customize the display page based on your browser type and user preferences. You can choose whether or not to accept cookies by changing your Internet browser settings. Be aware that doing so may impair or limit some functionality of the FNF Website. Revised May 1,2018 Copyright©2018.Fidelity National Financial,Inc.All Rights Reserved. Choices With Your Information If you do not want FNF to share your information with our affiliates to directly market to you, you may send an "opt out" request by email, phone, or physical mail as directed at the end of this Privacy Notice. We do not share your Personal Information with nonaffiliates for their use to direct market to you. Whether you submit Personal Information or Browsing Information to FNF is entirely up to you. If you decide not to submit Personal Information or Browsing Information, FNF may not be able to provide certain services or products to you. For California Residents: We will not share your Personal Information or Browsing Information with nonaffiliated third parties, except as permitted by California law. For Nevada Residents: You may be placed on our internal Do Not Call List by calling (888) 934-3354 or by contacting us via the information set forth at the end of this Privacy Notice. Nevada law requires that we also provide you with the following contact information: Bureau of Consumer Protection, Office of the Nevada Attorney General, 555 E. Washington St., Suite 3900, Las Vegas, NV 89101; Phone number: (702) 486-3132; email: BCPINFO@ag.state.nv.us. For Oregon Residents: We will not share your Personal Information or Browsing Information with nonaffiliated third parties for marketing purposes, except after you have been informed by us of such sharing and had an opportunity to indicate that you do not want a disclosure made for marketing purposes. For Vermont Residents: We will not disclose information about your creditworthiness to our affiliates and will not disclose your personal information, financial information, credit report, or health information to nonaffiliated third parties to market to you, other than as permitted by Vermont law, unless you authorize us to make those disclosures. Information From Children The FNF Websites are meant for adults and are not intended or designed to attract persons under the age of eighteen (18).We do not collect Personal Information from any person that we know to be under the age of thirteen (13)without permission from a parent or guardian. International Users FNF's headquarters is located within the United States. If you reside outside the United States and choose to provide Personal Information or Browsing Information to us, please note that we may transfer that information outside of your country of residence for any of the purposes described in this Privacy Notice. By providing FNF with your Personal Information and/or Browsing Information, you consent to our collection, transfer, and use of such information in accordance with this Privacy Notice. FNF Website Services for Mortgage Loans Certain FNF companies provide services to mortgage loan servicers, including hosting websites that collect customer information on behalf of mortgage loan servicers (the "Service Websites"). The Service Websites may contain links to both this Privacy Notice and the mortgage loan servicer or lender's privacy notice. The sections of this Privacy Notice titled When Information is Disclosed, Choices with Your Information, and Accessing and Correcting Information do not apply to the Service Websites. The mortgage loan servicer or lender's privacy notice governs use, disclosure, and access to your Personal Information. FNF does not share Personal Information collected through the Service Websites, except (1) as required or authorized by contract with the mortgage loan servicer or lender, or (2) as required by law or in the good-faith belief that such disclosure is necessary to comply with a legal process or applicable law, to enforce this Privacy Notice, or to protect the rights, property, or safety of FNF or the public. Revised May 1,2018 Copyright©2018.Fidelity National Financial,Inc.All Rights Reserved. incurred in good faith and described in Commitment Conditions 5(a)(i) through 5(a)(iii) or the Proposed Policy Amount. e. The Company shall not be liable for the content of the Transaction Identification Data, if any. f. In no event shall the Company be obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I—Requirements have been met to the satisfaction of the Company. g. In any event, the Company's liability is limited by the terms and provisions of the Policy. 6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT a. Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment. b. Any claim must be based in contract and must be restricted solely to the terms and provisions of this Commitment. c. Until the Policy is issued, this Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral, express or implied, relating to the subject matter of this Commitment. d. The deletion or modification of any Schedule B, Part II—Exception does not constitute an agreement or obligation to provide coverage beyond the terms and provisions of this Commitment or the Policy. e. Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company. f. When the Policy is issued, all liability and obligation under this Commitment will end and the Company's only liability will be under the Policy. 7. IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT The issuing agent is the Company's agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is not the Company's agent for the purpose of providing closing or settlement services. 8. PRO-FORMA POLICY The Company may provide, at the request of a Proposed Insured, a pro-forma policy illustrating the coverage that the Company may provide. A pro-forma policy neither reflects the status of Title at the time that the pro-forma policy is delivered to a Proposed Insured, nor is it a commitment to insure. 9. ARBITRATION The Policy contains an arbitration clause. All arbitrable matters when the Proposed Policy Amount is $2,000,000 or less shall be arbitrated at the option of either the Company or the Proposed Insured as the exclusive remedy of the parties. A Proposed Insured may review a copy of the arbitration rules at <http://www.alta.org/arbitration>. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by CHICAGO TITLE INSURANCE COMPANY. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II—Exceptions; and a counter- signature by the Company or its issuing agent that may be in electronic form. 74C276A 74C276A ALTA Commitment For Title Insurance 08/01/2016 90days 04/02/2018 C276A Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) 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. Page 3 of 3