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HomeMy WebLinkAboutTitle Work - 12-26-06 Issued By: CHICAGO TITLE INSURANCE COMPANY Schedule A Chicago Title Insurance Company,a Missouri corporation herein called the"Company"for valuable consideration,hereby commits to issues its policy or policies of title insurance,as identified in Schedule A,in favor of the proposed Insured named in Schedule A,as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A,upon payment of the premiums and charges there r;all subject to t e provisions of Schedule A and B and to the Conditions and Stipulations hereof. if 4 Effective Date: • . ,.-! REVIS ON #1 No: 000390933 Policy or Policies to be issued: OWNER'S POLICY: ALTA OWNER'S POLICY (R 10/17/92) NO GEN. $2,600,000.00 ALtRferpesed Insured: City of Carmel Redevelopment Commission LOAN POLICY: Proposed Insured: None The estate or interest in the land described or referred to in the Commitment and covered herein is Fee Simple Title to said estate or interest in said land is at the effective date hereof vested in: Bro..... - ' .,.••-e ,- - Dela .re limited liability e (3/ t it ' 0" Iii Ql The land referred to in this Commitment is described as follows: See Legal Description attached hereto and made a part hereof. s /?/Z7 ) • "--fak This Commitment is valid only if Schedule B is attached. Page A - 1 ACA 6/96 AFK TLP 12/26/06 14:18:35 Issued By: Chicago Title Insurance Company Schedule A (cont'd) No: 000390933 The land referred to in this Commitment is described as follows: Parcel 1: Part of the Southeast (Southwest, Northwest and Northeast) Quarter of Section 32,Township 18 North, Range 4 East in Hamilton County, Indiana, more particularly described as follows: Commencing at the Southeast corner of the Southeast Quarter of Section 32,Township 18 North, Range 4 East; thence North 89 degrees 46 minutes 50 seconds West (assumed bearing) on and along the South line of said Southeast Quarter 840.18 feet to the POINT OF BEGINNING; thence continue along said South line North 89 degrees 46 minutes 50 seconds West 479.39 feet to the West line of the Southeast Quarter of the Southeast Quarter of said Section 32;thence North 00 degrees 12 minutes 40 seconds West on and along the West line of said Quarter Quarter Section 305.10 feet measured (307.40 feet deed);thence North 67 degrees 24 minutes 40 seconds East 287.53 feet;thence North 00 degrees 12 minutes 40 seconds West parallel with the West line of said Quarter Quarter Section 146.58 feet;thence North 84 degrees 17 minutes 40 seconds West 267.30 feet to a point on the West line of said Quarter Quarter Section;thence North 89 degrees 44 minutes 05 seconds West parallel with the North line of said Quarter Quarter 662.19 feet to a point which is 660.00 feet South 89 degrees 43 minutes 43 seconds East of the West line of said Quarter Quarter;thence North 00 degrees 14 minutes 26 seconds West parallel with the West line of said Quarter Quarter 106.41 feet;thence North 73 degrees 18 minutes 11 seconds West 348.34 feet;thence North 00 degrees 14 minutes 26 seconds West parallel with the West line of said Quarter Quarter 2.00 feet; thence North 73 degrees 16 minutes 41 seconds West 341.61 feet to the West line of Quarter Quarter;thence North 00 degrees 14 minutes 26 seconds West on and along aforesaid West line 687.84 feet to a point which is 1064.50 feet South 00 degrees 14 minutes 26 seconds East of the center of said Section 32;thence North 72 degrees 36 minutes 50 seconds West 476.09 feet to a point which is 924.00 feet South 00 degrees 14 minutes 26 seconds East of the North line and 453.75 feet North 89 degrees 46 minutes 37 seconds West of the East line of the Southwest Quarter of said Section 32; thence North 89 degrees 46 minutes 37 seconds West parallel with the North line of said Southwest Quarter 206.25 feet; thence North 00 degrees 14 minutes 26 seconds West parallel with the East line of said Southwest Quarter 924.00 feet to the North line thereof;thence North 89 degrees 46 minutes 37 seconds West on and along the South line of the Northwest Quarter of said Section 32, 293.15 feet to the Southeast corner of Brookshire, Section 6-C,the plat of which is recorded in Plat Book 5, page 45, in the Office of the Recorder of Hamilton County, Indiana;thence North 07 degrees 57 minutes 43 seconds East on and along the East line of said subdivision, 304.85 feet to the Southeast corner of Brookshire, Section 6-B, the plat of which is recorded in Plat Book 4, pages 171 and 172 in the Office of the Recorder of Hamilton County, Indiana;thence North 07 degrees 57 minutes 43 seconds East on and along the East line of said subdivision 446.56 feet;thence North 15 degrees 01 minute 45 seconds East on and along said East line 70.06 feet to the Southeast corner of Brookshire, Section 6-A,the plat of which is recorded in Plat Book 4, page 169, in the Office of the Recorder of Hamilton County, Indiana; thence North 15 degrees 01 minute 45 seconds East on and along This Commitment is valid only if Schedule B is attached. ACA3 6/96 AFK TLP 12/26/06 14,16:35 _ Issued By: Chicago Title Insurance Company Schedule A (cont'd) No: 000390933 The land referred to in this Commitment is described as follows: the East line of said subdivision, 536.31 feet;thence North 20 degrees 34 minutes 48 seconds East on and along said East line 234.98 feet;thence North 08 degrees 58 minutes 11 seconds East on and along said East line 233.12 feet; thence North 16 degrees 16 minutes 45 seconds East on and along the East line of said subdivision, 319.71 feet;thence North 40 degrees 56 minutes 51 seconds East on and along the East line of said subdivision, 442.15 feet;thence South 89 degrees 30 minutes 17 seconds East on and along the East line of said subdivision, 174.93 feet;thence South 00 degrees 19 minutes 30 seconds West 110.00 feet;thence South 69 degrees 48 minutes 30 seconds East 116.06 feet;thence South 16 degrees 26 minutes 45 seconds West 200.00 feet;thence South 73 degrees 33 minutes 15 seconds East 45.00 feet;thence North 47 degrees 01 minute 42 seconds East 220.37 feet;thence North 36 degrees 39 minutes 30 seconds East 165.00 feet to a point which is 290.00 feet South 00 degrees 19 minutes 30 seconds West of a point on the North line of the Northeast Quarter of said Section 32,which is 340.00 feet South 89 degrees 40 minutes 30 seconds East of the Northwest corner thereof; thence North 45 degrees 19 minutes 30 seconds East 176.78 feet;thence North 00 degrees 19 minutes 30 seconds East 165.00 feet to a point on the North line of the Northeast Quarter of Section 32,Township 18 North, Range 4 East which is 465.00 feet South 89 degrees 40 minutes 30 seconds East of the Northwest corner of said Northeast Quarter; thence South 89 degrees 40 minutes 30 seconds East on and along the North line of said Northeast Quarter 259.39 feet to the Northwest corner of Brookshire, First Section,the plat of which is recorded in Plat Book 3, page 108, in the Office of the Recorder of Hamilton County, Indiana;thence South 32 degrees 39 minutes 00 seconds East on and along the West line of said subdivision 217.18 feet; thence South 32 degrees 49 minutes 15 seconds West on and along the West line of said subdivision 217.27 feet;thence South 21 degrees 36 minutes 10 seconds West on and along said West line 285.20 feet;thence South 47 degrees 05 minutes 35 seconds West on and along said West line 250.09 feet;thence South 32 degrees 49 minutes 30 seconds West on and along said West line 417.41 feet;thence South 38 degrees 59 minutes 30 seconds west on and along said West line 289.36 feet to the Northernmost corner in the rear line of Lot 74 in Brookshire,Third Section,the plat of which is recorded in Plat Book 3, page 145, in the Office of the Recorder of Hamilton County, Indiana;thence South 80 degrees 39 minutes 25 seconds West on and along the Northerly line of said subdivision, 185.23 feet; thence South 17 degrees 00 minutes 00 seconds West on and along the westerly line of said subdivision 515.96 feet;thence South 41 degrees 18 minutes 27 seconds West on and along the Westerly line of said subdivision, 199.86 feet;thence South 10 degrees 21 minutes 28 seconds West on and along the Westerly line of said subdivision 329.89 feet;thence South 06 degrees 10 minutes 00 seconds East on and along the Westerly line of said subdivision, 361.87 feet;thence South 32 degrees 10 minutes 00 seconds East on and along the Westerly line of said subdivision 366.57 feet;thence North 70 degrees 38 minutes 00 seconds East on and along the Southerly line of said subdivision 136.45 feet;thence North 43 degrees 27 minutes 45 seconds East on and along the Easterly line of said subdivision 586.00 feet;thence North 06 degrees 10 minutes 00 seconds West on and along the Easterly line of said subdivision, 231.76 feet;thence North 45 degrees 00 minutes 00 seconds East on and along the Easterly line of said subdivision, 315.00 feet; thence North 60 degrees 45 minutes 20 seconds East on and along the Easterly line of said subdivision 152.11 feet to the westerly line of Brookshire, Second Section, the plat of which is recorded in Plat Book 3, page 116, in the Office of the Recorder of Hamilton County, Indiana; thence South 08 degrees 32 minutes 35 seconds East on and along said West line 236.08 feet;thence North 62 degrees 51 minutes 20 seconds East on and along the South line of Lot 124 in said subdivision 170.00 feet to the This Commitment is valid only if Schedule B is attached. ACA36/96 AFK TLP 12/26/06 14:16:35 Issued By: Chicago Title Insurance Company Schedule A (cont'd) No: 000390933 The land referred to in this Commitment is described as follows: Westerly line of Brookshire Parkway, said point being on said curve with a radius of 330.00 feet,the radius point of which bears North 62 degrees 51 minutes 20 seconds East from the last described point;thence Southeasterly on and along said right of way line on a curve 131.64 feet to a point which bears South 40 degrees 00 minutes 00 seconds West from the radius point of said curve; thence South 50 degrees 00 minutes 00 seconds East on and along said right of way line 268.33 feet;thence South 40 degrees 00 minutes 00 seconds West on and along the Westerly line of said Brookshire, Second Section, 150.00 feet;thence South 41 degrees 48 minutes 31 seconds East on and along said West line 93.23 feet;thence South 11 degrees 03 minutes 36 seconds East on and along said West line 138.55 feet; thence South 30 degrees 00 minutes 00 seconds West on and along said West line 312.18 feet;thence South 04 degrees 54 minutes 42 seconds East on and along said West line 486.70 feet to the Northeast corner of Lot 261 in Brookshire, Section Five,the plat of which is recorded in Plat Book 4, pages 117 and 118 in the Office of the Recorder of Hamilton County, Indiana;thence South 90 degrees 00 minutes 00 seconds West on and along the Northerly line of said subdivision 430.00 feet; thence South 24 degrees 20 minutes 55 seconds West on and along the Westerly line of said subdivision, 144.78 feet;thence South 12 degrees 54 minutes 00 seconds West on and along the Westerly line of said subdivision, 236.59 feet;thence South 45 degrees 00 minutes 00 seconds East on and along the Westerly line of said subdivision, 196.32 feet; thence South 55 degrees 25 minutes 49 seconds East 375.39 feet;thence South 76 degrees 13 minutes 35 seconds East on and along the Southerly line of said subdivision, 350.12 feet;thence South 86 degrees 41 minutes 40 seconds East on and along the Southerly line of said subdivision, 770.00 feet;thence North 86 degrees 37 minutes 23 seconds East on and along the Southerly line of said subdivision, 150.78 feet;thence North 71 degrees 41 minutes 38 seconds East on and along the Southerly line of said subdivision, 75.27 feet; thence North 57 degrees 44 minutes 40 seconds East on and along the Southerly line of said subdivision, 280.75 feet; thence North 89 degrees 49 minutes 06 seconds East on and along the Southerly line of said subdivision, 206.71 feet measured (230.00 feet deed) to the Westerly right-of-way of Gray Road as described in Bridge Project #139, the following six (6) courses and distances being along the aforesaid right-of-way line (1) thence South 00 degrees 09 minutes 42 seconds East 401.59 feet; (2) thence South 12 degrees 14 minutes 45 seconds West 102.39 feet; (3)thence South 00 degrees 09 minutes 42 seconds East 150.00 feet; (4) thence South 19 degrees 33 minutes 15 seconds East 53.01 feet; (5)thence South 07 degrees 21 minutes 54 seconds West 101.96 feet; (6) thence South 09 degrees 40 minutes 09 seconds East 207.97 feet to the Northerly right-of-way line of 116th Street as now laid out and in use,the following four(4) courses and distances being along the aforesaid Northerly right-of-way line (1) thence South 61 degrees 37 minutes 56 seconds West 62.66 feet; (2)thence South 84 degrees 45 minutes 22 seconds West 55.24 feet; (3)thence North 89 degrees 54 minutes 34 seconds West 675.00 feet; (4) thence South 70 degrees 10 minutes 49 seconds West 53.18 feet;thence South 00 degrees 05 minutes 26 seconds West 20.00 feet to the place of beginning, containing 123.97 acres, more or less. Excepting Therefrom: Part of the Northeast and part of the Northwest Quarter of Section 32,Township 18 North, Range 4 East, Clay Township, Hamilton County, Indiana, more particularly described as follows, This Commitment is valid only if Schedule B is attached. .ACA3 6/96 AFK TLP 12/26/06 14:18:35 , Issued By: Chicago Title Insurance Company Schedule A (cont'd) No: 000390933 The land referred to in this Commitment is described as follows: Beginning at the Northwest corner of Lot Number Three (3) in Brookshire Overlook, an Addition in Hamilton County, Indiana, as per plat thereof recorded in Plat Book 7, pages 149 and 150 in the Office of the Recorder of Hamilton County, Indiana;thence South 00 degrees 19 minutes 30 seconds West (plat bearing this and the next course are on the perimeter of said Lot Number Three (3) in Brookshire Overlook) 69.97 feet to iron pin found; thence South 69 degrees 48 minutes 30 seconds East 76.27 feet;thence South 20 degrees 11 minutes 30 seconds West 12.20 feet;thence North 72 degrees 01 minute 00 seconds West 74.75 feet;thence North 00 degrees 19 minutes 00 seconds East parallel with the West line of said Lot Number Three (3), 85.19 feet; thence • South 89 degrees 40 minutes 30 seconds East 3.50 feet to the Point of Beginning, containing 1,319 square feet (0.03 acre), more or less. ALSO LESS AND EXCEPT THEREFROM A part of the Northeast Quarter of Section 32,Township 18 North, Range 4 East, in Hamilton County, Indiana, being more particularly described as follows: Commencing at the northwest corner of Lot 111 in Brookshire,Third Section, as recorded in Book 3, Page 145, in the Office of the Recorder of Hamilton County, Indiana; said northwest corner being North 89 degrees 35 minutes 38 seconds East from a brass plug found in the centerline of Windsor Drive;thence South 88 degrees 22 minutes 10 seconds East (plat bearing) along the north line thereof a distance of 141.77 feet to the northeast corner of said Lot 111;thence North 78 degrees 54 minutes and 21 seconds East a distance of 75.11 feet to the corner of an existing fence and the Point of Beginning; thence North 40 degrees 6 minutes 59 seconds East along said fence a distance of 78.84 feet;thence North 49 degrees 54 minutes 31 seconds West a distance of 12.48 feet;thence North 40 degrees 32 minutes 18 seconds East a distance of 22.44 feet;thence South 50 degrees 42 minutes 16 seconds East a distance of 21.08 feet;thence South 41 degrees 39 minutes 28 seconds West a distance of 10.56 feet to an existing fence;thence South 49 degrees 46 minutes 01 seconds East along said fence and exterior wall of an existing building a distance of 132.34 feet;the following 3 courses are along said exterior of an existing building; (1)thence South 40 degrees 10 minutes 16 seconds West a distance of 1.40 feet; (2)thence North 49 degrees 49 minutes 44 seconds West a distance of 1.32 feet; (3) thence South 40 degrees 10 minutes 16 seconds West a distance of 33.50 feet to an existing party wall;thence North 49 degrees 49 minutes 44 seconds West along said party wall a distance of 30.20 feet to the exterior wall of said existing building, the following 3 courses are along said exterior wall; (1)thence South 40 degrees 10 minutes 16 seconds West a distance of 37.39 feet; (2) thence North 49 degrees 49 minutes 44 seconds West a distance of 15.86 feet; (3) thence South 40 degrees 18 minutes 22 seconds West a distance of 18.04 feet to an existing fence line; thence North 50 degrees 10 minutes 32 seconds West along said fence a distance of 7.81 feet; thence South 39 degrees 34 minutes 40 seconds West a distance of 6.00 feet;thence North 50 degrees 10 minutes 32 seconds West a distance of 5.50 feet; thence North 39 degrees 34 minutes 40 seconds East a distance of 6.00 feet to said existing fence; thence North 50 degrees 10 minutes 32 seconds West along said fence a distance of 80.23 feet to the Point of Beginning. Containing 0.254 acres, more or less. This Commitment is valid only if Schedule B is attached. ACA3 6/96 AFK TLP 12/26/06 14:18:35 ALSO EXCEPTING THEREFROM THE FOLLOWING PARCEL (CALLED THE "PREMISES" IN THE FOREGOING DEED): Part of Section 32, Township 18 North, Range 4 East in Clay Township, Hamilton County, Indiana, more particularly described as follows: Commencing at the Southeast corner of the Southeast Quarter of said Section 32; thence along the South line of the Southeast Quarter of said Section 32, North 89 degrees 46 minutes 50 seconds West (assumed bearing) a distance of 481.72 feet; thence North 00 degrees 07 minutes 27 seconds West a distance of 307.40 feet; thence North 67 degrees 29 minutes 54 seconds East a distance of 287.53 feet; thence North 00 degrees 07 minutes 26 seconds West a distance of 146.58 feet; thence North 84 degrees 07 minutes 38 seconds West a distance of 267.34 feet; thence North 89 degrees 10 minutes 46 seconds West a distance of 440.80 feet; thence North 00 degrees 43 minutes 30 seconds West a distance of 4.43 feet; thence North 89 degrees 47 minutes 13 seconds West a distance of 222.70 feet; thence North 00 degrees 22 minutes 52 seconds West a distance of 98.59 feet; thence North 73 degrees 38 minutes 15 seconds West a distance of 342.83 feet; thence North 72 degrees 45 minutes 34 seconds West a distance of 344.44 feet; thence North 00 degrees 14 minutes 48 seconds West a distance of 690.48 feet; thence North 15 degrees 50 minutes 19 seconds West a distance of 126.91 feet to the point of beginning of this description: thence North 37 degrees 16 minutes 36 seconds West a distance of 65.00 feet; thence North 52 degrees 43 minutes 24 seconds East a distance of 20.00 feet; thence South 37 degrees 16 'minutes 36 seconds East a distance of 65.00 feet; thence South 52 degrees 43 minutes 24 seconds West a distance of 20.00 feet to the point of beginning and containing 1,300 square feet, more or less. Note: This legal description is not the result of a full boundary survey. It is the result of compilation of record information and location of available monumentation. [END OF EXCLUSIONS] AN TOGETHER WITH THE FO OWING PARCELS 2, 3 AND 4: PARCEL 2: Part o Lot 23 in Ede Forest , a subdivision in Hamilton County, Indiana, recorded in Plat Book 2, pa e 85 in the Office of the Hamilton County Recorder, more particularly described as follo : Begin ing at the N -then host c. ier of said Lot 23; thence South 00 degrees 14 minutes 35 second East on and along the East\line of said Lot 209.60 feet; thence North 24 degrees 48 minute 27 sec (ids West 155.78 feet t point on the Northerly line of said Lot; thence North 43 degrees 2 minutes 37 seconds East o and along aforesaid Northerly line 93.85 feet to the place of beginning; containing 0.156 acre, mote or less. 272106 1.DOC - 16 - Issued By: Chicago Title Insurance Company Schedule A (cont'd) No: 000390933 The land referred to in this Commitment is described as follows: PARCEL 2: Part of Lot 23 in Eden Forests, a subdivision in Hamilton County, Indiana, recorded in Plat Book 2, page 85 in the Office of the Hamilton County Recorder, more particularly described as follows: Beginning at the Northernmost corner of said Lot 23;thence South 00 degrees 14 minutes 35 seconds East on and along the East line of said Lot 209.60 feet; thence North 24 degrees 48 minutes 27 seconds West 155.78 feet to a point on the Northerly line of said Lot;thence North 43 degrees 23 minutes 37 seconds East on and along aforesaid Northerly line 93.85 feet to the place of beginning; containing 0.156 acre, more or less. PARCEL 3: Part of Lot 24 in Eden Forests, a subdivision in Hamilton County, Indiana, recorded in Plat Book 3, page 85 in the Office of the Hamilton County Recorder, more particularly described as follows: Beginning at the Northeasternmost corner of said Lot 24;thence South 00 degrees 14 minutes 35 seconds East on and along the East line of said Lot 290.40 feet to the Southeast corner of said Lot;thence South 43 degrees 23 minutes 37 seconds West on and along the South line of said Lot 93.85 feet;thence North 24 degrees 48 minutes 27 seconds West 282.27 feet to a point on the Northwesterly line of said Lot;thence North 29 degrees 18 minutes 24 seconds East on and along said Northwesterly line 118.72 feet to the North line of said Lot;thence South 89 degrees 27 minutes 42 seconds East 123.57 feet to the place of beginning, containing 1.037 acres, more or less. PARCEL 4: Part of Lot 25 in Eden Forests, a subdivision in Hamilton County, Indiana, recorded in Plat Book 3, page 85 in the Office of the Hamilton County Recorder, more particularly described as follows: Beginning at the Northeast corner of said Lot 25; thence South 29 degrees 18 minutes 24 seconds west on and along the East line of said Lot 118.72 feet;thence North 24 degrees 48 minutes 27 seconds West 115.16 feet to a point on the North line of said Lot;thence South 89 degrees 27 minutes 42 seconds East on and along aforesaid North line 106.43 feet to the place of beginning, containing 0.127 acre, more or less. This Commitment is valid only if Schedule B is attached. ACA36/96 AFK TLP 12/26/06 14:18:35 Issued By: CHICAGO TITLE INSURANCE COMPANY Schedule B No: 000390933 Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company: A. •struments necessa to create the estate or interest • be insured must be properly executed,delivered and duly filed for record. B Payment of the full consi.•eration to,or for the . count of,the grantors or mortgagors should be made. t` Payment of all taxes,charges,assessm- ts,levied and assessed against subject premises,which are due and payable should be made. 1 D. Defects,liens,encumbrances,ad -rse claims,or other matters,if any,created,first appearing in the public records or attaching 1 r subsequent to the effective dat: er-if but prior to the date the proposed insured acquires for value of record the estate or interest or 111 mortgage thereon covered b, this Co fitment. E. Any Owner's Policy iss -d pursuant hereto ill contain under Schedule B the General Exceptions set forth below. Any Loan Policy will contain under Sche• le B General Exceptions ,2 and 3 unless a satisfactory survey is furnished;General Exceptions 4 will appear unless satisfactor evidence is furnished that im ovements and/or repairs or alterations thereto are completed;the contractor, subcontractors, abor and materialmen are all paid. General Exceptions: 0 , 1" _ • .. - :: -not-.S1 n by the public records•119 /4•14.---- D/N14— 3. Encroachments,overlaps,boundary line disputes,or other matters which would be disclosed by an accurate survey or inspection of the premises. • - - , _-- s._ - . •- - • • - • •- -.1- I. 1-• 'u•• -• • - . -.• •• •••1 • he 1 1Q(^ n�/,/` are riot snown as existing liens by the public records. F. pecial Exceptions: A 1 Taxes for the year 2005, due d payable M. ■ and November 2006, in the amount of$ 16,631.52 per installment, are assessed in th- name of z ookshire First Mortgage LLC May Installment: UNPAID AND 'ELI #UENT PLUS ANY PENALITES AND INTEREST WHICH MAY ACCRUE; November Installment: UNPAID •\ •I DELINQUENT PLUS ANY PENALTIES AND INTEREST WHICH MAY ACCRUE; t i �v 1 , Parcel Number: 16-10-32-00 60-012..01; Township: Carmel; ►� Assessed Value: Land $90,200.00; I provements $ 1,195,000.00; Exemptions $00.00. (Parcel 1) B 2. Taxes for the year 2005, du and payable May and November 2006, in the amount of$5.00 May installment, are assessed in the nam f AZ Golf Club, IN, LLC. May Installment: UNPAI , ELINQUENT PLUS PENALTIES, INTEREST AND COSTS; November Installment: NONE DUE AT THIS TI ; Parcel Number: 16-10-3 -03-03-005.00; Township: Carmel; Page B1 - 1 ACB1 6/96 AFK TLP 12/26/06 14:18:36 Issued By: Chicago Title Insurance Company Schedule B (cont'd) No: 000390933 Assessed Value: Land -$ •00.00; Impr• ements-$00.00; Exemptions-$00.00. (Part of Lot 23) c . Taxes for the year 2005, due an. payable May and November 2006, in the amount of$5.00 per installment, are assessed in the name of If Club, IN, LLC. May Installment: UNPAID, LINO.ENT PLUS PENALTIES, INTEREST AND COSTS; November Installment: N•NE DUE AT THIS TIME 'arcel Number: 16-10- 2-03-03-002.00; ownship: Carmel; Assessed Value: La -$ 100.00; Improve' ents-$00.00; Exemptions-$00.00. (Part of Lot 25) O 4. Taxes for the year 200 due and pa, .ble May and November 2006, in the amount of$ 17.46 per installment, are assessed in the nam- •f AZ . f Club, IN, LLC. May Installment: UNPAID, ► QUENT PLUS PENALTIES, INTREST AND COSTS; November Installment: NONE DUE AND PAYABLE . THIS TIME Parcel Number: 16-10-32 i3-034I3.00; Township: Carmel; Assessed Value: Land ', 1,100.00; • provements-$00.00; Exemptions-$00.00. (Part of Lot 24) E 5. Taxes for the year 2006 due and payable in 2007 are a lien not yet due and payable. H 6. Rights of the public, the State of Indiana and/or the municipality, and others entitled thereto, in and to that part of the premises taken or used for 116th Street and Gray Road. i 7. Rights of riparian owners to the free and unobstructed flow of the waters of Hot Lick Creek. J 8. Easement granted to the Ohio Fuel Gas company by instrument dated April 8, 1931 and recorded May 7, 1931 in Miscellaneous Record 31, page 106 and Supplemental Easement dated August 16, 1955 and recorded August 24, 1955 in Deed record 145, page 1254 and further modified by Amendment of Agreement for Right-of-Way and Supplemental Easement dated May 6, 1970 and recorded June 19, 1970 in Deed Record 236, page 163 and Assignment of Easement dated August 14, 1986 and recorded September 8, 1986 as Instrument Numbers 86-25733 and 86-86114. K 9. Right-of-Way Grant for water line(s) and incidental purposes in favor of the Board of Trustees of the (now City) Town of Carmel, Indiana, dated June 19, 1974 and recorded August 5, 1974 in Deed Record 275, page 534. L 10. Easement in favor of Indianapolis Power& Light Company by Instrument dated April 18, 1972 and recorded June 12, 1972 in Deed Record 258, page 39. M 11. Easement for Private Road granted to the City of Carmel dated January 16, 1978 and recorded February 1, 1978 in Deed Record 302, page 272. Page B1 - 2 ACB1C 6/96 AFK TLP 12/26/06 14:19:36 Issued By: Chicago Title Insurance Company Schedule B (cont'd) No: 000390933 N 12. Permanent Easement for Public Right-of-Way granted to the Town (now City) of Carmel dated November 12, 1974 and recorded November 25, 1974 in Miscellaneous Record 144, page 305. o 13. Easement granted to Indiana Gas Company, Inc., by Instrument dated June 30, 1970 and recorded October 7, 1970 in Deed Record 239, page 143. P 14. Easement granted to Public Service Company of Indiana, Inc., by Instrument dated May 22, 1989 and recorded August 3, 1989 as Instrument Number 89-16360. o 15. Easement granted to PSI Energy, Inc. by Instrument dated August 20, 1992 and recorded January 19, 1993 as Instrument Number 93-2200. R 16. Easement granted to City of Carmel by Instrument dated December 13, 1994 and recorded July 26, 1995 as Instrument Number 95-44607. S 17. Easement for Driveway Construction, Building Removal and Grading as set out in Temporary Right of Way Grant dated October 15, 1997 and recorded November 25, 1997 as Instrument Number 97-9750886. T 18. Easement for gas line(s) and incidental purposes in favor of Indiana Gas Company, dated April 15, 1999 and filed April 20, 1999 as Instrument Number 9909923678,together with terms and provisions as set forth therein. u 19. Covenants, conditions, and restrictions contained in Plat of Eden Forests, recorded June 18, 1969 in Plat Book 3, page 85 and re-recorded in Plat Book 3, page 87, 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. ✓ 20. Assessments, covenants, conditions, restrictions and other obligations contained in Declaration of Covenants and Restrictions dated September 27, 1972 and recorded September 27, 1972 in Deed Record 261, page 87 and Designation of Supplemental (Additional), Real Estate recorded March 13, 1974 in Deed Record 272 page 473 and page 478; and Seconds Designation of Supplemental Real Estate recorded December 3, 1979 in Miscellaneous Record 159, page 424. x . Mortgage from Brow, hire Fir Mortgage, LLC. to Salin Bank and Trust Company in the principal amount of $1,500,000.00, dated •ril , 2003 and recorded April 29, 2003 as Instrument No. 200300040962, Acknowledgment, Con ation and Amendment of Loan and Promissory Note recorded June 2, 2005 as Instrument No. 20051 103 ,89. J Y 2 In regard to Brookshire Fi t M rtgage, LLC,we must be furnished the following: z Certificate of Good Standin R Certificate of Existence from the Secretary of State of Deleware attesting to the current good standing AA Copy of the Operating Agr ent and any amendments thereto. Page B1 - 3 ACB1C 6/96 AFK TLP 12/26/06 14:18:36 Issued By: Chicago Title Insurance Company Schedule B (cont'd) No: 000390933 AB (Proof of the authority and incumbe y of the manager to execute the easement conveyance. If there is not a manager, we must be furnished pr of the authority and incumbency of the member to execute the easement conveyance. AC \ OTE FOR INFORMATION: ffective July 1, 2006: An •ocuments t .t require a preparation statement and are executed or acknowledged in Indiana mist conta.• the following affirmation statement required by IC 36-2-11-15: • "I affirm under the penalties for v-rjury,that I have taken reasonable care to redact each Social Security Number in this document, u r ess -quired by law" Together with the na = (typed or sign d) of the person making the statement. AD 23. NOTE: By virtue of IC 27-7-3.6, a fee f$5. will be collected from the purchaser of the policy for each policy issued in conjunction with closi occurring on or after July 1, 2006. The fee should be designated in the 1100 series of the HUD form as I F (Title Insurance Enforcement Fund Fee) charge. AE 24. Easements and restrictions set out in Conservation Easement granted to Indiana Department of Natural Resources, dated August 18, 2006 and recorded as Instrument No. 200600068602. AF 25. Easements for ingress, egress and parking set out in Warranty Deed to Brookshire Swim Club, Inc., recorded February 24, 2005 as Instrument No. 200500011169. AG 26. Easement for ingress, egress and utilities reserved in deed to City of Carmel Redevelopment Commission recorded as Instrument No. Page B1 - 4 ACB1C 6/96 AFK TLP 12/26/06 14:18:36 Issued by Chicago Title Insurance Company CONDITIONS AND STIPULATIONS 1. The term"mortgage",when used herein, shall include deed of trust, or other security instrument. 2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interests or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing,the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter,the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a)to comply with the requirements hereof, or(b)to eliminate exceptions shown in Schedule B, or(c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions, the Exclusions from Coverage and the Conditions and Stipulations of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or status or the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent endorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate six months after the effective date hereof or when the policy or policies committed for shall issue,whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. In witness whereof, Chicago Title Insurance Company has caused this Commitment to be signed and sealed as of the effective date of Commitment shown in Schedule A. Issued by: Chicago Title Insurance Company CHICAGO TITLE INSURANCE COMPANY By NI74/1„ 101 W. OHIO ST. STE. 1100 INDIANAPOLIS, IN. 46204 (317)684-3800 ���NSOpgyc s President o?CORPORgTf o", Attest X114 Secretary CANDS7/98SB AFL TLP 12/26/06 14:18:36 Fidelity National Financial Group of Companies'Privacy Statement July 1,2001 We recognize and respect the privacy expectations of today's consumers and the requirements of applicable federal and state privacy laws. We believe that making you aware of how we use your non-public personal information ("Personal Information"), and to whom it is disclosed,will form the basis for a relationship of trust between us and the public we serve. This Privacy Statement provides that explanation. We reserve the right to change this Privacy Statement from time to time consistent with applicable privacy laws. In the course of our business,we may collect Personal Information about you from the following sources: - From applications or other forms we receive from you or your authorized representative; - From your transactions with, or from the services being performed by,us, our affiliates,or others; - From our internet web sites; - From the public records maintained by governmental entities that we either obtain directly from those entities,or from our affiliates or others; and - From consumer or other reporting agencies. Our Policies Regarding the Protection of the Confidentiality and Security of Your Personal Information We maintain physical, electronic and procedural safeguards to protect your Personal Information from unauthorized access or intrusion. We limit access to the Personal Information only to those employees who need such access in connection with providing products or services to you or for other legitimate business purposes. Our Policies and Practices Regarding the Sharing of Your Personal Information We may share your Personal Information with our affiliates,such as insurance companies, agents,and other real estate settlement service providers. We may also disclose your Personal Information: - to agents,brokers or representatives to provide you with services you have requested; - to third-party contractors or service providers who provide services or perform marketing or other functions on our behalf;and - to others with whom we enter into joint marketing agreements for products or services that we believe you may find of interest. In addition,we will disclose your Personal Information when you direct or give us permission,when we are required by law to do so, or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as,for example,when disclosure is needed to enforce our rights arising out of any agreement,transaction or relationship with you. One of the important responsibilities of some of our affiliated companies is to record documents in the public domain. Such documents may contain your Personal Information. Right to Access Your Personal Information and Ability To Correct Errors Or Request Changes Or Deletion Certain states afford you the right to access your Personal Information and, under certain circumstances,to find out to whom your Personal Information has been disclosed. Also, certain states afford you the right to request correction, amendment or deletion of your Personal Information. We reserve the right,where permitted by law,to charge a reasonable fee to cover the costs incurred in responding to such requests. All requests must be made in writing to the following address: Privacy Compliance Officer Fidelity National Financial,Inc. 601 Riverside Drive Jacksonville, FL 32204 Multiple Products or Services If we provide you with more than one financial product or service,you may receive more than one privacy notice from us. We apologize for any inconvenience this may cause you. FNFPRIV 7/01 DGG