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HomeMy WebLinkAboutDeed Land Fire Dept & City garage off 10th Street JOHN R. VISSING JOHN L. GRANNAN JOHN R. VISSING, LLC ATTORNEY AT LAW JEFFERSON HALL 432 EAST COURT AVENUE P. O. BOX 187 JEFFERSONVILLE,INDIANA4713l-0l87 AREA CODE 812 TELEPHONE 288-5141 FAX 288-8305 May 8, 2008 Mr. Tom Galligan 500 Quartermaster Court Jeffersonville, IN 47130 Dear Tom: In 2006, I assisted in the purchase of the land used for the new Fire Department and City Garage off 10th Street. Here is the copy of the Deed. Also, I recently have been provided with the original of the Stewart Title Policy in the name of the Jeffersonville Building Corporation. I would suggest that it be placed with similar documents. f ~6hn R. Vi sing JRV:lp Enclosures F:\OPE\CLIEN1\Jeffersonville Bldg 2204 E 10th str 5-8-08.doc m"3:Jtld 8Lf:SL68e::0S l1/} " V~ Shirl.y lCG19\. c;olJIl'''' dcotlDO ~ d Pr..-n,.d Pll.1I for leauf'.. P... \ of 2 WARRANTY DEED t ~1 ......, n.. 1.31!Jl;58 c:t 0.... 11/2!51 "'- 50" Q"AP-"tl"~,....~ 6'.r..1LT' -:J'r:.J'~~,..lV.~ Iv 4"1r.~ Key No. Dl1' - '" - O~ I 0 nns INDENTURE WITNESSETH: TIllit LESTER D. RICIL.uID and ELVIRA N. RICHARD, husband and wire, oltne County of Clark. Slate oflndiana MAlL TAX 8T A TEMENTS TO: CONVEY AND WARRANT unto JEFFERSONVILLE BUILDlNG CORPORATION, an Indiana Non-Profit Corporation, for and in conside:ralion of the sum of One Dollar ($1.00) and other good and valuable consi<kration, the r~ceipt of whicb if> h~~by aclcnowledged. the following dctlcribc;d rl;:ll /;State situelted in the County ot'Clark, State ofIndiana. and dc::scribcd as follows. to-wit: A PART OF SURVEY NO. 11 OF THE ILLINOIS GRANT, CITY OF JEFFERSONVILLE, CLARK COUNTY, il'<"DIANA. BEING THE SAME PROPERTY OWNED BY LES D. RICHARD AND ELVIRA N. RlCHARD AS RECORDED AI DEED DRAWER J 0, INSTRUMENT NO. 13236 BEING O"ESCRJBED AS FOLLOWS: EEGlNNlNG AT AN ALUMrNUM MONUMENT AT l'HE NORTH CORNER OF SAID SUR YEY # 11; THENCE SOUTH 39 DEG. 44' 00" EAST, A 01$'[ ANCE OF 3,688.00 FEET TO A POINT; THENCE SOUTH 50 DEG. 00' 00" WEST, A DISTANCE OF 2,222.20 FEET TO A PIPE FOUND. THENCE NORTH 39 DEG. 44' 00" WEST, ^ D1STANCE OF 466.45 FEET TO A PIPE FOUND, THE TRUE POINT OF BEGINNING; HrENCE SOUTH 50 DEG. 16' 00" WEST. A DISTANCE OF 200.00 FEET TO A PIPE FOUND, THENCE NORTH 39DEG. 44' 00" WEST, A P1STANCE OF 200.00 FEET TO A POINT BEING NORTH 33 DEG. ] O' 08" WEST 0.20 .FEET TO A PIPE FOUND; THENCE NORTIi 25 DEG. 37' 16" EAST, A DlSTA..'lCE OF 181.83 FEET ALONG THE SOUTHEAST RIGHT-OF-WAYLINBOFSTATEROAD 02, ALSO KNOWN AS 10TH STREET TOAPOINT; THENCE NORTH 26DEG. 24' lO"'f!AST.ADISTANCE OF 38.23 FEET ALONG SAID STATE ROAD 62 TO A POINT BE1NG NOllTH 67 DEG. 12' 13" WEST 0.24 FEET TO A PIPE FOU NlT. THENCE SOlIT!-l 39 DEG. 44-' 00" EAST A DISTANCE OF 291.92 FEET TO THE TRUE POINT OF BEGINNING. CONTAUirJNG 1.129 ACRES. Subject to any and all easements and/or fl:strictions of public record., which may apply to the sbove-described real estate. TO HAVE AND TO HOLD, tbe same Wlto said Gr.mll:e, it:; hlrirs lUld assigns. in fee simple !QCCVt;r. The above described real estate is conveyed free and clear of alllicns and encumbrances, except the rea] estate taxes, which having been proralOd to the datt: of July 1,2006. the Grantee hereby assumes and agree:> to pay all lllXes hereafter. IN WITNESS WHEREOF, the Grantors have hen.-unto set fueir haud!; and seals, tbis U r:J. 001.1 eN I t:.H~\,.I rUH lAXATION. ~1:J9JEC(ro F1NALACCEFTANCJ: -1"ofiI"R.~ OCT 2 5 2005 ~ ~UDrrOR. ClA~K couNT'l' E13 3911d (3)j118 .:I..::l3[, 8LESL58Z0S _ ---:-- ..---....... ,.."""....UUIli"""vt:nereun1:osettneanands andseolS.rhjJ: 2.2)''''C 6S:60 800e:: 8e:: ddtl ~ 13v:50 800Z/8Z/v0 / If you wa,nt information a,bout coverage or need assistance to resolve complaints, please call our toll free number: 1-800-729-1902. If you make a claim under your policy, you must furnish written notice in accordance with Section 3 of the Conditions and Stipulations. ~ ~ ~ ~ iii , 1';- ---- ~ STEWART TITLE GU ARANTY COMPANY ~I SUBJECT TO THE EXCLUSIONS FROM SCHEDULE B AND THE CONDITIONS AND corporation, herein called the Company, insure exceeding the Amount of Insurance stated in S 1. Title to the estate or interest described i 2. Any defect in or lien or encumbr 3. Unmarketability of the title; 4. Lack of a right of access to and fr The Company will also pay the cost only to the extent provided in the Condit IN WITNESS WHEREOF, Stewart Tit duly authorized officers as of the date of EPTIONS FROM COVERAGE CONTAINED IN WART TITLE GUARANTY COMPANY, a Texas own in Schedule A, against loss or damage, not curred by the insured by reason of: tb.er than as stated therein; red in defense of the title, as insured, but this policy to be signed and sealed by its E~~d;r~ )~t GE ny will not pay loss or damage, costs, attorneys' fees or expenses The following matters are expressly excluded from the coverag which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (includi and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of t imensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change In the dim r any parcel of which the land is or was a part; or (iv) environmental protection, or tne effect of any violation of these laws, ordinances s, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: , (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the com~nY by the insured claimant prior to the date the insured claimant became an insured under this policy; cl resulting in no loss or damage to the insured claimant; d attaching or created subsequent to Date of Policy; or e resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. ny claim, which arises out of the transaction vesting in the Insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (a) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (b) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (i) to timely record the instrument of transfer; or (il) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. ~~~~~: 0-9993- 4228239 ALTA OWNER'S POLICY - 10-17-92 CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS. reserves the right, in its sole discretion, to appeal from anYa.dversejudgmEmt or order. The following terms when used in this policy mean: (d) In all cases where this policy permits or requires the Company to prosecute (a) "insured": the insured named in Schedule A, and, subject to any rights or or provide for the defense of any action or proceeding, the insured shall secure to the defenses the Company would have had against the named insured, those who Company the right to so prosecute or provide defense in the action or proceeding, and succeed to the interest of the named insured by operation of law as distinguished from all appeals therein, and permit the Company to use, at its option, the name of the purchase including, but not limited to, heirs, distributees, devisees, survivors, personal insured for this purpose. Whenever requested by the Company, the insured, at the representatives, next of kin, or corporate or fiduciary successors. Company's expense, shall give the Company all reasonable aid (i) in any action or (b) "insured claimant": an insured claiming loss or damage. proceeding, securing evidence, obtaining witnesses, prosecuting or defending the (c) "knowledge" or "known": actual knowledge, not constructive knowledge or action or proceeding, or effecting settlement, and (ii) in any other lawful act which in the notice which may be imputed to an insured by reason of the public records as defined opinion of the Company may be necessary or desirable to establish the title to the in this policy or any other records which impart constructive notice of matters affecting estate or interest as insured. If the Company is prejudiced by the failure of the insured the land. to furnish the required cooperation, the Company's obligations to the insured under the (d) "land": the land described or referred to in Schedule A, and improvements policy shall terminate, including any liability or obligation to defend, prosecute, or affixed thereto which by law constitute real property. The term "land" does not include continue any litigation, with regard to the matter or matters requiring such cooperation. any property beyond the lines of the area described or referred to in Schedule A, nor 5. PROOF OF LOSS OR DAMAGE. any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, In addition to and after the notices required under Section 3 of these Conditions lanes, ways or waterways, but nothing herein shall modify or limit the extent to which a and Stipulations have been provided the Company, a proof of loss or damage signed right of access to and from the land is insured by this policy. and sworn to by the insured claimant shall be furnished to the Company within 90 days (e) "mortgage": mortgage, deed of trust, trust deed, or other security instrument after the insured claimant shall ascertain the facts giving rise to the loss or damage. (f) "public records": records established under state statutes at Date of Policy for the The proof of loss or damage shall describe the defect in, or lien or encumbrance on the purpose of imparting constructive notice of matters relating to real property to title, or other matter insured against by this policy which constitutes the basis of loss or purchasers for value and without knowledge. With respect to Section 1 (a)(iv) of the damage and shall state, to the extent possible, the basis of calculating the amount of Exclusions From Coverage, "public records" shall also include environmental protection the loss or damage. If the Company is prejudiced by the failure of the insured claimant liens filed in the records of the clerk of the United States district court for the district in to provide the required proof of loss or damage, the Company's obliQations to the which the land is located. insured under the policy shall terminate, including any liability or obligation to defend, (g) "un marketability of the title": an alleged or apparent matter affecting the title to prosecute, or continue any litigation, with regard to the matter or matters requiring such the land, not excluded or excepted from coverage, which would entitle a purchaser of proof of loss or damage. the estate or interest described in Schedule A to be released from the obligation to In addition, the insured claimant may reasonably be required to submit to purchase by virtue of a contractual condition requiring the delivery of marketable title. examination under oath by any authorized representative of the Company and shall 2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE. produce for examination, inspection and copying, at such reasonable times and places The coverage of this policy shall continue in force as of Date of Policy in favor of as may be designated by any authorized representative of the Company, all records, an insured only so long as the insured retains an estate or interest in the land, or holds books, ledgers, checks, correspondence and memoranda, whether bearing a date an indebtedness secured by a purchase money mortgage given by a purchaser from before or after Date of Policy, which reasonably pertain to the loss or damage. Further, the insured, or only so long as the insured shall have liability by reason of covenants of if requested by any authorized representative of the Company, the insured claimant warranty made by the insured in any transfer or conveyance of the estate or interest. shall grant its permission, in writing, for any authorized representative of the Company This policy shall not continue in force in favor of any purchaser from the insured of to examine, inspect and copy all records, books, ledgers, checks, correspondence and either (i) an estate or interest in the land, or (ii) an indebtedness secured by a purchase memoranda in the custody or control of a third party, which reasonably pertain to the money mortgage given to the insured. loss or damage. All information designated as confidential by the insured claimant 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT. provided to the Company pursuant to this Section shall not be disclosed to others The insured shall notify the Company promptly in writing (i) in case of any litigation unless, in the reasonable judgment of the Company, it is necessary in the as set forth in Section 4(a) below, (ii) in case knowledge shall come to an insured administration of the claim. Failure of the insured claimant to submit for examination hereunder of any claim of title or interest which is adverse to the title to the estate or under oath, produce other reasonably requested information or grant permission to interest, as insured, and which might cause loss or damage for which the Company secure reasonably necessary information from third parties as required in this may be liable by virtue of this policy, or (iii) if title to the estate or interest, as insured, is paragraph shall terminate any liability of the Company under this policy as to that claim. rejected as unmarketable. If prompt notice shall not be given to the Company, then as 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF to the insured all liability of the Company shall terminate with regard to the matter or LIABILITY. matters for which prompt notice is required; provided, however, that failure to notify the In case of a claim under this policy, the Company .shall have the following Company shall in no case prejudice the rights of any insured under this policy unless additional options: the Company shall be prejudiced by the failure and then only to the extent of the (a) To Payor Tender Payment of the Amount of Insurance. prejudice. To payor tender payment of the amount of insurance under this policy together 4.' DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED CLAIMANT with any costs, attorneys' fees and expenses incurred by the insured claimant, which TO COOPERATE.' were authorized by the Company, up to the time of payment or tender of payment and (a) Upon' written reguest by the insured and subject to the options contained in which the Company is obligated to pay. Section 6 of these Conditions and Stipulations, the Company, at its own cost and Upon the exercise by the Company of this option, all liability and obligations to the without unreasonable delay, shall provide for the defense of an insured in litigation in insured under this policy, other than to make the payment required, shall terminate, which any third party asserts a claim adverse to the title or interest as insured, but only including any liability or obligation to defend, prosecute, or continue any litigation, and as to those stated causes of action alleging a defect, lien or encumbrance or other the policy shall be surrendered to the Company for cancellation. matter insured against by this policy. The Company shall have the right to select (b) To Payor Otherwise Settle With Parties Other than the Insured or With counsel of its choice (subject to the right of the insured to object for reasonable cause) the Insured Claimant. to represent the insured as to those stated causes of action and shall not be liable for (i) to payor otherwise settle with other parties for or in the name of an and will not pay the fees of any other counsel. The Company will not pay any fees, insured claimant any claim insured against under this policy, together with any costs, costs or expenses incurred by the insured in the defense of those causes of action attorneys' fees and expenses incurred by the insured claimant which were authorized which allege matters not insured against by this policy. by the Company up to the time of payment and which the Company is obligated to pay; (b) The Company shall have the right, at its own cost, to institute and prosecute or any action or proceeding or to do any other act which in its opinion may be necessary (ii) to payor otherwise settle with the insured claimant the loss or damage or desirable to establish the title to the estate or interest, as insured, or to prevent or provided for under this policy, together with any costs, attorneys' fees and expenses reduce loss or damage to the insured. The Company may take any appropriate action Incurred by the insured claimant which were authorized by the Company up to the time under the terms of this policy, whether or not it shall be liable hereunder, and shall not of payment and which the Company is obligated to pay. thereby concede liability or waive any provision of this policy. If the Company shall Upon the exercise by the Company of either of the options provided for in exercise it rights under this paragraph, it shall do so diligently. paragraphs (b)(i) or (ii), the Company's obligations to the insured under this policy for (c) Whenever the Company shall have brought an action or interposed a defense the claimed loss or damage, other than the payments required to be made, shall as required or permitted by the provisions of this policy, the Company may pursue any terminate, including any liability or obligation to defend, prosecute or continue any litigation to final determination by a court of competent jurisdiction and expressly litigation. (continued and concluded on last page of this policy) L- CONDITIONS AND STIPULATIONS Continued (continued and concluded from reverse side of Policy Face) 7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE. This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the insured claimant who has suffered loss or damage by reason of matters insured against by this policy and only to the extent herein described. (a) The liability of the Company under this policy shall not exceed the least of: (i) the Amount of Insurance stated in Schedule A; or, (ii) the difference between the value of the insured estate or interest as insured and the value of the insured estate or interest subject to the defect, lien or encumbrance insured against by this policy. (b) In the event the Amount of Insurance stated in Schedule A at the Date of Policy is less than 80 percent of the value of the insured estate or interest or the full consideration paid for the land, whichever is less, or if subsequent to the Date of Policy and improvement is erected on the land which increases the value of the insured estate or interest by at least 20 percent over the Amount of Insurance stated in Schedule A, then this Policy is subject to the following: (i) where no subsequent improvement has been made, as to any partial loss, the Company shall only pay the loss pro rata in the proportion that the amount of insurance at Date of Policy bears to the total value of the insured estate or interest at Date of Policy; or (i1) where a subsequent improvement has been made, as to any partial loss, the Company shall only pay the loss pro rata in the proportion that 120 percent of the Amount of Insurance stated in Schedule A bears to the sum of the Amount of Insurance stated in Schedule A and the amount expended for the improvement. The provisions of this paragraph shall not apply to costs, attorneys' fees and expenses for which the Company is liable under this policy, and shall only apply to that portion of any loss which exceeds, in the aggregate, 10 percent of the Amount of Insurance stated in Schedule A. (c) The Company will pay only those costs, attorney's fees and expenses incurred in accordance with Section 4 of these Conditions and Stipulations. 8. APPORTIONMENT. If the land described in Schedule A consists of two or more parcels which are not used as a single site, and a loss is established affecting one or more of the parcels but not all, the loss shall be computed and settled on a pro rata basis as if the amount of insurance under this policy was divided pro rata as to the value on Date of Policy of each separate parcel to the whole, exclusive of any improvements made subsequent to Date of Policy, unless a liability or value has otherwise been agreed upon as to each parcel by the Company and the insured at the time of the issuance of this policy and shown by an express statement or by an endorsement attached to this policy. 9. LIMITATION OF LIABILITY. (al If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures the lack of a right of access to or from the land, or cures the claim of un marketability of title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully pertormed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title as insured. (c) The Company shall not be liable for loss or damage to any insured for liability voluntarily assumed by the insured in settling any claim or suit without the prior written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY. All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the amount of the insurance pro tanto. 11. LIABILITY NONCUMULATIVE. It is expressly understood that the amount of insurance under this policy shall be reduced by any amount the Company may pay under any policy insuring a mortgage to which exception is taken in Schedule B or to which the Insured has agreed, assumed, or taken subject, or which is hereafter executed by an insured and which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under this policy to the insured owner. 12. PAYMENT OF LOSS. (a) No payment shall be made without producing this policy for endorsement of the payment unless the policy has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within 30 days thereafter. 13. SUBROGATION UPON PAYMENT OR SETTLEMENT. (a) The Company's Right of Subrogation. Whenever the Company shall have settled and paid a claim under this policy, all right of subrogation shall vest in the Company unaffected by any act of the insured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the insured claimant would have had against any person or property in respect to the claim had this policy not been issued. If requested by the Company, the insured claimant shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this riQht of subrogation. The insured claimant shall permit the Company to sue, compromise or settle in the name of the insured claimant and to use the name of the insured claimant in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the insured claimant, the Company shall be subrogated to these rights and remedies in the proportion which the Company's payment bears to the whole amount of the loss. If loss should result from any act of the insured claimant, as stated above, that act shall not void this policy, but the Company, in that event, shall be required to pay only' that part of any losses insured against by this policy which shall exceed the amount, If any, lost to the Company by reason of the impairment by the insured claimant of the Company's right of subrogation. (b) The Company's Rights Against Non.insured Obligors. the Company's ri9ht of subrogation against non-insured obligors shall exist and shall include, without limitation, the rights of the insured to indemnities, guaranties, other policies of insurance or bonds, notwithstandin~ any terms or conditions contained in those instruments which provide for subrogation nghts by reason of this policy. 14. ARBITRATION Unless prohibited by applicable law, either the Company or the insured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of the Company in connection with its issuance or the bread, of a policy provIsion or other obligation. All arbitrable matters, when the Amount of Insurance is $1,000,000 or less shall be arbitrated at the option of either the Company or the insured. All arbitrable matters when the Amount of Insurance is in excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and the insured. Arbitration pursuant to this policy and under the Rules in effect on the date the demand for arbitration is made or, at the option of the insured, the Rules in effect at Date of Policy shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state In which the land is located permit a court to award attorneys' fees to a prevailing party. Jud~ment upon the award rendered by the Arbitrator(s) may be entered in any court haVing jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT. (a) This policy together with all endorsements, if any, attached hereto by the Company is the entire policy and contract between the insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the title to the estate or interest covered hereby or by any action asserting such claim, shall be restricted to this policy. (c) No amendment of or endorsement to this policy can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 16. SEVERABILITY. In the event any provision of the policy is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision and all other provisions shall remain in full force and effect. 17. NOTICES, WHERE SENT. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this policy and shall be addressed to the Company at P. O. Box 2029, Houston, Texas 77252-2029. STEWART TITLE GUARANTY COMPANY 00 ~ I O~ 0 ~ c ~~ (Jl ~ ~ - 0 9 ~ .::J -iOJ ... ~ ,- CD 0 ~ ?~ >< >< OJ I\) (') ~ '" (Jl 0 0 ~ 'II\) i:l: ~ '1<0 ." ~ I\) ~ ~ -, <.n z I\) ~ ~ ~ ~ JJ 00 m ~ Cf) () 0 -< 0 Z m o~ Z G) () o)>z 0 (j) ~~ C -i ~Cf)N )> JJ )> )> ""0 OJ ~> S:OJm Z 0 c: r- omo )> JJ (j) ~~ - czz s: )> I -I (j)G>~ m -i m g~ ~ m 0 -< 0 0 ~~ =i z (Xl I )> <0 <0 ~~ r 0 w ~~ ~ (Xl ~ ~ - z en C-l JJ~O )>r-"T1 Zm (') m "'C o r- - (') -< Stewart Title Guaranty OWNER'S POLICY SCHEDULE A Case Number: 6171 Date of Policy: October 25,2006 at 1:51:59 PM Amount of Insurance: $325,000.00 Policy Number: 0-9993-4228239 The Policy Number shown on this schedule must agree with the preprinted number on the cover sheet. 1. Name ofInsured: Jeffersonville Building Corporation, an Indiana Non-Profit Corporation 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: Jeffersonville Building Corporation, an Indiana Non-Profit Corporation 4. The land referred to in this policy is described as follows: SEE ATTACHED EXHIBIT A .. By: 1IL Aut 0 zed Officer or AL T A Owner's Policy 10/17/92 This Policy is invalid unless the cover sheet and Schedule B are attached. Schedule A consists of 2 page( s) Stewart Title Guaranty OWNER'S POLICY SCHEDULE A EXHIBIT A A PART OF SURVEY NO. 11 OF THE ILLINOIS GRANT, CITY OF JEFFERSONVILLE, CLARK COUNTY, INDIANA, BEING THE SAME PROPERTY OWNED BY LES D. RICHARD AND ELVIRA N. RICHARD AS RECORDED AT DEED DRAWER 10, INSTRUMENT NO. 13236 BEING DESCRIBED- AS FOLLOWS: BEGINNING AT AN ALUMINUM MONUMENT AT THE NORTH CORNER OF SAID SURVEY #11; THENCE SOUTH 39 DEG. 44' 00" EAST, A DISTANCE OF 3,688.00 FEET TO A POINT; THENCE SOUTH 50 DEG. 00' 00" WEST, A DISTANCE OF 2,222.20 FEET TO A PIPE FOUND, THENCE NORTH 39 DEG. 44' 00" WEST, A DISTANCE OF 466.45 FEET TO A PIPE FOUND, THE TRUE POINT OF BEGINNING; THENCE SOUTH 50 DEG. 16' 00" WEST, A DIST ANCE OF 200.00 FEET TO A PIPE FOUND, THENCE NORTH 39 DEG. 44' 00" WEST, A.. DISTANCE OF 200.00 FEET TO A POINT BEING NORTH 33 DEG. 10' 08" WEST 0.20 FEET TO A PIPE FOUND; THENCE NORTH 25 DEG. 37' 16" EAST, A DISTANCE OF 181.83 FEET ALONG THE SOUTHEAST RIGHT -OF- WAY LINE OF STATE ROAD 62, ALSO KNOWN AS 10TH STREET TO A POINT; THENCE NORTH 26 DEG. 24' 10" EAST, A DISTANCE OF 38.28 FEET ALONG SAID STATE ROAD 62 TO A POINT BEING NORTH 67 DEG. 12' 13" WEST 0.24 FEET TO A PIPE FOUND; THENCE SOUTH 39 DEG. 44' DO" EAST A DISTANCE OF 291.92 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 1.129 ACRES. This Policy is invalid unless the cover sheet and Schedule B are attached. Schedule A consists of2 page(s) Stewart Title Guaranty OWNER'S POLICY SCHEDULE B Exceptions from Coverage Case Number: 6171 Date of Policy: October 25, 2006 at 1 :51 :59 PM Policy Number: 0-9993-4228239 The Policy Number shown on this schedule must agree with the preprinted number on the cover sheet. 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. Subject to the 2006 real estate taxes to be paid in2007, in two equal installments, in an amount not yet determined, which said taxes are a lien not yet due or payable. Also subject to the second installment of the 2005 real estate taxes, due November 10, 2006, in the amount of $ 895.64. The first installment of the 2005 real estate taxes, in the amount of$895.64, due May 10,2006, was paid. 2. Rights or claims other than Insured in actual possession of any or all of the property. 3. Unrecorded easements, discrepancies, or conflicts in boundary lines, shortage In area and encroachments which an accurate survey would disclose 4. Unfi1ed mechanic's liens or materialmen's liens. ALTA Owner's Policy Form B 1987 (Amended 10/17/92) This Policy is invalid unless the cover sheet and Schedule A are attached. Schedule B consists of 1 page( s)