HomeMy WebLinkAbout10.83 ACRES WOERHLE ROAD OWNER'S TITLE INSURANCE POLICY LAW OFFICES
YOUNG, LIND, ENDRES & KRAFT
126 WEST SPRING STREET
NEW ALBANY, INDIANA 47150
AREA CODE 812 RECEIVED
TELEPHONE 945-2555 LEWIS A.ENDRES
(1949-1992)
TELECOPIER 948-6956 APR 2 2 20t9 EUGENE F.LIND
JOHN A.KRAFT WWW.YLEK.COM A l"
JUSTIN E.ENDRES (1942-2001)
KATELYN M.HINES ',ff C.THOMAS YOUNG
e nviile,IN (1943-2002)
The City of Jeffersonville, Indiana .
c/o Leslie D. Merkley
500 Quartermaster Ct., Suite 250
Jeffersonville, Indiana 47130
RE: 10.83 Acres Woerhle Road
Jeffersonville, Indiana 47130
(41.).°''
File No. 18-587
Dear Si adam:
Enclosed please find the Owner's Title Insurance Policy on the above
referenced matter. Thank you for allowing us to assist you with this matter.
Best Regards,
iiiro .► G, LIND, ENDRE. & KRAFT
iiedsh,
7W
A. Kraft
CW-1,-- VP ".. 2 ),),
Kspolicies2019.1tr /
CHICAGO TITLE
INSURANCE COMPANY
Policy No. : 6300-1-18-587-2019.72306-216134007
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 -eacon of: (c) ails; suodivision of land; or
(d) environmental protection
1. Title being vested other than as stated in Schedule 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
preceeding. 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
72306 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. 17.
All other uses are prohibited. Reprinted under license from the American Land Title Association.
Page 1 of 5
or recorded in the Public Records subsequent to
Date of Policy and prior to the recording of the
deed or other instrument of transfer in the Public
Records that vests Title as shown in Schedule A.
The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against by this
Policy, but only to the extent provided in the Conditions
IN WITNESS WHEREOF, CHICAGO TITLE INSURANCE COMPANY has caused this policy to be signed and sealed by its duly
authorized officers.
Countersi.. . CHICAGO TITLE INSURANCE COMPANY
•
BY: �'� B �
Aut^x'�i' : or Agent x, st, y'
John A. Kra , � ��
r'"0
Young, Lind, Endres & Kraft � 4
126 W Spring Sts .,� ' President
New Albany, IN 47150 ,KK
Te1:812-945-2555
Fax:812-948-6956 Attest: . ..-
Secretary
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the (b) not Known to the Company, not recorded in the
coverage of this policy, and the Company will not pay loss Public Records at Date of Policy, but Known to the
or damage, costs, attorneys' fees, or expenses that arise by Insured Claimant and not disclosed in writing to the
reason of: Company by the Insured Claimant prior to the date
1. (a) Any law, ordinance, permit, or governmental the Insured Claimant became an Insured under this
regulation (including those relating to building and policy;
zoning) restricting, regulating, prohibiting, or (c) resulting in no loss or damage to the Insured
relating to Claimant;
(i) the occupancy, use, or enjoyment of the Land; (d) attaching or created subsequent to Date of Policy
(u) the character, dimensions or location of any (however, this does not modify or limit the
improvement erected on the Land; coverage provided under Covered Risk 9 and 10);
(iii) the subdivision of land; or or
(iv) environmental protection; (e) resulting in loss or damage that would not have
or the effect of any violation of these laws, been sustained if the Insured Claimant had paid
ordinances, or governmental regulations. This value for the Title.
Exclusion 1(a) does not modify or limit the 4. Any claim, by reason of the operation of federal
coverage provided under Covered Risk 5. bankruptcy, state insolvency, or similar creditors' rights
(b) Any governmental police power. This Exclusion 1(b) laws, that the transaction vesting the Title as shown in
does not modify or limit the coverage provided Schedule A, is
under Covered Risk 6. (a) a fraudulent conveyance or fraudulent transfer; or
2. Rights of eminent domain. This Exclusion does not (b) a preferential transfer for any reason not stated in
modify or limit the coverage provided under Covered Covered Risk 9 of this policy.
Risk 7 or 8. 5. Any lien on the Title for real estate taxes or
3. Defects, liens, encumbrances, adverse claims, or other assessments imposed by governmental authority and
matters: created or attaching between Date of Policy and the
(a) created, suffered, assumed, or agreed to by the date of recording of the deed or other instrument of
Insured Claimant; transfer in the Public Records that vests Title as shown
in Schedule A.
CONDITIONS
1. DEFINITION OF TERMS policy, increased by Section 8(b), or decreased by Sections 10
The following terms when used in this policy mean: and 11 of these Conditions.
(a)"Amount of Insurance": The amount stated in Schedule (b)"Date of Policy": The date designated as 'Date of Policy"
A, as may be increased or decreased by endorsement to this in Schedule A.
72306 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 2 of 5
(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
72306 ALTA Owners Policy 06/17/06_306 M'!;
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 5
action or proceeding, including the right to use, at its option, with any costs, attorneys' fees, and expenses incurred by the
the name of the Insured for this purpose. Whenever requested Insured Claimant that were authorized by the Company up to
by the Company, the Insured, at the Company's expense, the time of payment and that the Company is obligated to
shall give the Company all reasonable aid (i) in securing pay.
evidence, obtaining witnesses, prosecuting or defending the Upon the exercise by the Company of either of the options
action or proceeding, or effecting settlement, and (ii) in any provided for in subsections (b)(i) or (ii), the Company's
other lawful act that in the opinion of the Company may be obligations to the Insured under this policy for the claimed
necessary or desirable to establish the Title, or any other loss or damage, other than the payments required to be
matter as insured. If the Company is prejudiced by the failure made, shall terminate, including any liability or obligation to
of the Insured to furnish the required cooperation, the defend, prosecute, or continue any litigation.
Company's obligations to the Insured under the policy shall 8. DETERMINATION AND EXTENT OF LIABILITY
terminate, including any liability or obligation to defend, This policy is a contract of indemnity against actual
prosecute, or continue any litigation, with regard to the matter monetary loss or damage sustained or incurred by the Insured
or matters requiring such cooperation. Claimant who has suffered loss or damage by reason of
(b)The Company may reasonably require the Insured matters insured against by this policy.
Claimant to submit to examination under oath by any (a)The extent of liability of the Company for loss or
authorized representative of the Company and to produce for damage under this policy shall not exceed the lesser of
examination, inspection, and copying, at such reasonable (i) the Amount of Insurance; or
times and places as may be designated by the authorized (ii)the difference between the value of the Title as
representative of the Company, all records, in whatever insured and the value of the Title subject to the risk insured
medium maintained, including books, ledgers, checks, against by this policy.
memoranda, correspondence, reports, e-mails, disks, tapes, (b)If the Company pursues its rights under Section 5 of
and videos whether bearing a date before or after Date of these Conditions and is unsuccessful in establishing the Title,
Policy, that reasonably pertain to the loss or damage. Further, as insured,
if requested by any authorized representative of the Company, (i) the Amount of Insurance shall be increased by
the Insured Claimant shall grant its permission, in writing, for 10%, and
any authorized representative of the Company to examine, (ii)the Insured Claimant shall have the right to have the
inspect, and copy all of these records in the custody or control loss or damage determined either as of the date the claim was
of a third party that reasonably pertain to the loss or damage. made by the Insured Claimant or as of the date it is settled
All information designated as confidential by the Insured and paid.
Claimant provided to the Company pursuant to this Section (c)In addition to the extent of liability under (a) and (b),
shall not be disclosed to others unless, in the reasonable the Company will also pay those costs, attorneys' fees, and
judgment of the Company, it is necessary in the expenses incurred in accordance with Sections 5 and 7 of
administration of the claim. Failure of the Insured Claimant to these Conditions.
submit for examination under oath, produce any reasonably 9. LIMITATION OF LIABILITY
requested information, or grant permission to secure (a)If the Company establishes the Title, or removes the
reasonably necessary information from third parties as alleged defect, lien or encumbrance, or cures the lack of a
required in this subsection, unless prohibited by law or right of access to or from the Land, or cures the claim of
governmental regulation, shall terminate any liability of the Unmarketable Title, all as insured, in a reasonably diligent
Company under this policy as to that claim. manner by any method, including litigation and the completion
7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; of any appeals, it shall have fully performed its obligations
TERMINATION OF LIABILITY with respect to that matter and shall not be liable for any loss
In case of a claim under this policy, the Company shall or damage caused to the Insured.
have the following additional options: (b)In the event of any litigation, including litigation by the
(a)To Pay or Tender Payment of the Amount of Insurance. Company or with the Company's consent, the Company shall
To pay or tender payment of the Amount of Insurance have no liability for loss or damage until there has been a final
under this policy together with any costs, attorneys' fees, and determination by a court of competent jurisdiction, and
expenses incurred by the Insured Claimant that were disposition of all appeals, adverse to the Title, as insured.
authorized by the Company up to the time of payment or (c)The Company shall not be liable for loss or damage to
tender of payment and that the Company is obligated to pay. the Insured for liability voluntarily assumed by the Insured in
Upon the exercise by the Company of this option, all settling any claim or suit without the prior written consent of
liability and obligations of the Company to the Insured under the Company.
this policy, other than to make the payment required in this 10. REDUCTION OF INSURANCE; REDUCTION OR
subsection, shall terminate, including any liability or obligation TERMINATION OF LIABILITY
to defend, prosecute, or continue any litigation. All payments under this policy, except payments made for
(b) To Pay or Otherwise Settle With Parties Other Than costs, attorneys' fees, and expenses, shall reduce the Amount
the Insured or With the Insured Claimant. of Insurance by the amount of the payment.
(i) To pay or otherwise settle with other parties for or in 11. LIABILITY NONCUMULATIVE
the name of an Insured Claimant any claim insured against The Amount of Insurance shall be reduced by any amount
under this policy. In addition, the Company will pay any costs, the Company pays under any policy insuring a Mortgage to
attorneys' fees, and expenses incurred by the Insured which exception is taken in Schedule B or to which the Insured
Claimant that were authorized by the Company up to the time has agreed, assumed, or taken subject, or which is executed
of payment and that the Company is obligated to pay; or by an Insured after Date of Policy and which is a charge or
(ii)To pay or otherwise settle with the Insured Claimant lien on the Title, and the amount so paid shall be deemed a
the loss or damage provided for under this policy, together payment to the Insured under this policy.
72306 ALTA Owners Policy 06/17/06_306 111111111111110
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 4 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.
72306 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 5 of 5
SCHEDULE A
Name and Address of Title Insurance Company: YOUNG, LIND, ENDRES & KRAFT
126 WEST SPRING STREET
NEW ALBANY, INDIANA 47150
Policy Number: 72306-216134007 Agent Order/File Number: 18-587
Address Reference: 10.83 Acres Woerhle Road
Jeffersonville, Indiana 47130
Amount of Insurance: $ 655,000.00
Date of Policy: December 20, 2018 at 11:12 AM
1. Name of Insured:
The City of Jeffersonville, Indiana
2. The estate or interest in the Land that is insured by this policy is:
Fee Simple
3. Title is vested in:
The City of Jeffersonville, Indiana
4. The Land referred to in this policy is described as follows:
COUNTY OF CLARK, STATE OF INDIANA
BEING LOT NO. TWO (2) OF THE MINOR PLAT OF MORTON MEMORIAL SUBDIVISION AS THE SAME
APPEARS OF RECORD IN PLAT BOOK 16, PAGE 59,AS INSTRUMENT NO. 201600148, IN THE
OFFICE OF THE RECORDER OF CLARK COUNTY, INDIANA
Chicago Title Insurance Company
•
nt#ru.
YOUNG, L ' : ' : ES & KRAF <,. 11 �� �•I ��
F 7 President
6 rA� Z
t ne
By:
t ATTEST
OHN A. K:40 , 'ttorney *,
,Trs
Secretary
THIS POLICY VALID ONLY IF SCHEDULE B IS ATTACHED
ALTA Owner's Policy(6/17/06)
(18-587 CITY OF JEFF.PFD/18-587 CITY OF JEFF/19)
Chicago Title Insurance Company
SCHEDULE B
Agent Order/File Number: 18-587 Policy Number: 72306-216134007
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:
General Exceptions:
1. Rights of 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 and hereafter furnished, imposed by
law and not shown by the public records.
5. Taxes or special assessments which are not shown as existing liens by the public records.
Special Exceptions:
1. The 2018 taxes due and payable in 2019, became a lien against the captioned real estate as of January
1, 2018, in an amount not yet ascertainable.
2. Monthly sewer use charges.
3. Deed of Easement and Right-of-Way for Sewer Line, recorded October 3, 2005, as Instrument No.
200521924, wherein James Petty, Charles Bank, Sam Faulkner, Delores Mertl, Edsel Richards, Terry
Seward, and Joan Simpson, Trustees of the Morton Memorial United Methodist Church is the "Grantor"
and Wilson E. Prentice and Doris M. Prentice, husband and wife.
4. Subject to all restrictions pertaining to The Minor Plat of Morton Memorial Subivision, and the City of
Jeffersonville, of the Clark County, Indiana records, but omitting any covenant or restriction based on
race, color, religion, sex, handicap, familial status or national origin unless and only to the extent that
said covenant (a) is exempt under Chapter 42, Section 3607 of the United States Code or (b) relates to
handicap but does not discriminate against handicapped persons.
5. Condemnation action filed by the City of Jeffersonville, as Case No. 100O2-1806-PL-000074.
6. The Proposed Policy Amount(s) must be modified to the full value of the estate or interest being insured,
and any additional premium must be paid. The Proposed Policy Amount for an owner's policy should
reflect the contract sales price unless the Company is furnished with a current appraisal indicating a
different value.
END OF SCHEDULE B
ALTA Owner's Policy(6/17/06)
(18-587 CITY OF JEFF.PFD/18-587 CITY OF J EFF/19)