Brookshire Swim CLub/Corporate Warranty Deed/Title Insurance Policy'' ' DULY ENTERED FOR TAXATIONjtIC
Su ject to final ache� p�ta�nc,e for transfer
M day of— , 20 !'
Thum C.Do iet k Auditor of Hamilton County
Parcel #I(e_:/032'00- 00- 0 12:o2DI
2014015887 WARR DEED $24.00
05/01/2014 10:27:18A 5 PGS
Mary L. Clark
HAMILTON County Recorder IN
,Recorded.as Presented
IIIIIIIIIIIIIIIIIIIIIIIIIII IIIII! IIIIIIIIIIIIIIIIIIIIIIIIIiIIIIJII llli .. _.
Corporate Warrant') areb
THIS INDENTURE WITNESSETH, that Brookshire Swim Club, Inc. ( "Grantor "), a corporation
organized and existing under the laws of the State of Indiana CONVEYS AND WARRANTS to The City of
Carmel, Indiana ( "Grantee "), for the sum of One Dollar ($ 1.00) and other valuable consideration, the receipt of
which is hereby acknowledged, the following- described real estate in Hamilton County, Indiana:
See attached Exhibit "A"
More commonly known as: 12120 Brookshire Parkway, Carmel, Indiana 46033.
This conveyance is subject to those items set forth in the attached Exhibit B.
The undersigned persons executing this deed on behalf of Grantor represent and certify that they are
duly elected officers of Grantor and have been fully empowered, by proper resolution of the Board of Directors
of Grantor, to execute and deliver this deed; that Grantor has full corporate capacity to convey the real estate
described herein; and that all necessary corporate action for the making of such conveyance -has been taken and
done. Grantor represents that there is no Gross Income Tax due the State of Indiana as a consequence of this
transaction. -
IN WITNESS WHEREOF, the Grantor has executed this deed, this Z? day of��� -
2014.
Brookshire Swim Club, Inc.
BY
BY:
Leo J. Dierckman H. Kim TeKolste
President Secretary
STATE OF INDIANA
) SS:
COUNTY OF HAMILTON )
Before me, a Notary Public in and for said County and State, personally appeared Leo J. Dierckman as
President of Brookshire Swim Club, Inc. and H. Kim TeKolste as Secretary of Brookshire Swim Club, Inc.,
who acknowledged the execution of the foregoing, and who, having been duly sworn, stated that any
representations therein contained are true.
Witness my hand and Notarial Seal this 44,0 day of
My Commission Expires:
a51
, 2014.
Vlua LPL na
ytvlhta L.lollin5 - Notary Public
Resident of !4a+»rlton County ```,1". 01111 1'.I tit,
marin/1 , <0, by
r CO : C:' p�` i% 1
'_..tom., • 1t o„ 'd
�S }tip CO :7,;
Send Tax Bills to Cityof Carmel, Department of Administration, One Civic Square, Carmel, IN 46163 j�'�..ti� •;US �?
.ra . et„.
"7-
Instrument Prepared By: 1I. Kim TeKolste #825 -49, Attorney at Law, 6284 Rucker Road, Suii'd'TM; " "„;�,.>
Indianapolis. Indiana 46220, TX: 317 -507 -8937, FAX: 317 -454 -7171 s�� .2''-
Return Deed to: City of Carmel Department of Law One Civic Square Carmel IN 46033
1 affirm, under the penalties fur perjury, that 1 have taken reasonable care to redact each Social Security
Number in This document, unless required by /an.
H. Kim TeKolste
EXHI !a IT "A"
A part of the Northeast Quar Cr of Section 32, Township 18 North, Range 4 East, in Hamilton County, Indiana,
being more particularly described as follows:
Cornmencing 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 40
seconds East (plat bearing) along the north line thereof a distance of 141.77 feet to the northeast comer 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 16 !ninnies 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 well 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 fech (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 fen/e; 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.
EXHIBIT B
1. Real estate taxes for the year 2013 due and payable in 2014 and all taxes arising
thereafter.
2. Easement for housing, repairing, maintaining and using any and all pipes, conduits, sires,
sewers and other connectors reserved by Brookshire First Mortgage, LLC as set forth in
Warranty Deed dated May 10, 2004, recorded February 24, 2005, as Instrument No.
200500011169, in the Office of the Recorder of Hamilton County, Indiana.
3. Covenants, conditions and restrictions as set forth in Warranty Deed dated May 10, 2004,
recorded February 24, 2005, as Instrument No. 200500011169, in the Office of the
Recorder of Hamilton County, Indiana. Restrictions do provide for forfeiture or reversion
for violation thereof. NOTE: This exception omits any covenant, condition or restriction
based on race, color, religion, sex, handicap, familial status or national origin, unless and
only to the extent that the restriction is not in violation of state or federal law, or relates to
a handicap, but does not discriminate against handicapped people.
4. Right of First Refusal as set forth in Warranty Deed dated May 10, 2004, recorded
February 24, 2005, as Instrument No. 20050001 1169, in the Office of the Recorder of
Hamilton County, Indiana.
5. Option to Purchase as set forth in Warranty Deed dated May 10, 2004, recorded February
24, 2005, as Instrument No. 200500011169, in the Office of the Recorder of Hamilton
County, Indiana.
6. Easement by and between Michigan Gas Transmission Corp., and Panhandle Eastern
Pipe Line Company in an instrument dated March 31, 1943 and recorded April 2, 1943 in
Miscellaneous Record 36, page 401_ and assigned to Indiana Gas Company, Inc.,
(Indiana Gas), an Indiana corporation by Assignment recorded November 12, 1986 in
Easement Record 4, pages 624 - 634 in the Office of the Recorder of I- Iamilton County,
Indiana.
7. Easement for Private Road to the City of Carmel by and between Lumber Mart, Inc., and
the City of Cannel recorded February 1, 1978 in Deed Book 302, pages 272 - 273 in
Instruument No. 9378 in the Office of the Recorder of Hamilton County, Indiana.
8. Easement for Electric Underground Cable Lines by and between Lumber Mart, Inc., and
Public Service Company of Indiana, Inc., recorded December 17, 1979 in Deed Book
317, pages 807 - 808 in Instrument No. 18173 in the Office of the Recorder of Hamilton
County, Indiana.
9. Electric Line Easement granted to PSI Energy Inc., an Indiana corporation recorded
January 19, 1993 in Instrument No. 9302200 in the Office of the Recorder of Hamilton
County, Indiana.
10. Easement by and between Riva Corporation and the City of Carmel, of Ilamilton County,
Indiana recorded July 26, 1995 in Instrument No. 9544607 in the Office of the Recorder
of Hamilton County, Indiana.
11. Temporary Right -of -Way Grant to Hamilton County, Indiana recorded November 25,
1997 in Instrument No. 9709750886 in the Office of the Recorder of I- Iamilton County,
Indiana.
12. Gas Line Easement by and between AZ Golf Club, IN., LLC, an Indiana limited liability
company and Indiana Gas Company Inc., an Indiana corporation recorded June 20, 1999
in Instrument No. 9909923678 in the Office of the Recorder of l-Iamilton County,
Indiana.
13. Conservation Easement by and between Brookshire First Mortgage, LLC, an Indiana
limited liability company and Indiana Department of Natural Resources recorded
November 15, 2006 in Instrument No. 200600068602 in the Office of the Recorder of
Ilamilton County, Indiana.
Fidelity National Title Insurance Company
FILE NO.: 14 -99969
POLICY NO.: 82306- 44098933
OWNER'S POLICY OF TITLE INSURANCE
Issued by
Fidelity National Title Insurance Company
zl nil' notice ()plaint and am' other /notice or statement in writing required to he given the Company under this Policy must he given to the Company at the
address .shown in Section /8 of the Conditions.
COVERED RISKS
SUBJECT 70 THE EXCLUSIONS FR051 COVERAGE. THE EXCEPTION'S F7/0d1 COVERAGE CONTAINED 14 .SCHEDULE B. AND 771E CONDITIONS. FIDELITY
NATIONAL TITLE INSURANCE C0 A1/'ANY. a Califarnta corporation (the "Company') insures, as of Date of Policy and, to the extent stated in Covered Risks 9 and 10. tier
Date of Policy.. against loss or damage, not exceeding the Amount of lnsuratce, sustained or incurred by the Insured by reason of
L Title being vested other than as stated in Schedule A.
1. Any defect in or lien or encumbrance on the 7711e. This Covered Risk includes but is not limited to nrsurance agottut loss Ji'wn
(a) A defect to the Title caused by
(1) forgery. fraud. undue 0 fluence, duress, incompetency. incapacity or tmpersonmiem:
(i1') failure of (My 1701'.5017 01' Entity to have authori -ed a transfer or conveyance:
(iii) a document affecting 7/1Ie not properly created. executed witnessed. sealed acknowledged nanrced. or delivered:
(iv) failure to perform those acts necessary to create a document by electronic means authorcec/ by law:
(19 0 document executed under a falsified, aspired. or othenvisc tnvolidpower of attorneys
(v0 a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts b0 ?let: trm ntearrs au;horced b1' law;
(vii) 0 defective judicial or administrative proceeding.
(h) 77re lien of real estate tares or assessments imposed on the 71110 by a goyernrnental aulhortty due or payable. but unpaid.
(c) Aar encroachment, encumbrance. violation. variation. or adverse circumstance affecting the Tale that world be disclosed by an accurate and complete land
sarrev of the Land The 101117 "encroachment" includes encroachments of exiting improvements located on the Lard onto adJaining load, caul encroachments
onto the Land of existing tnrlpnvements located on adjoining land
3. Unmarketable Tide.
4, No right of access to and from the Land.
i_ The violation or enforcement of any law, ordinance, permit. or governmental regulation (/ncha/tng those relating to building mud - raring) restricting . 10,/I/O! 1/12,
prohibiting. or relating le
(a) the occupancy. rise, or enjoyment of the Laird:
(b) the character. dtmer151on5, or location of any improvement erected on the hand:
(0 the .subdivision of land; or
(d) ermn'onmerual protection
if 0 notice. describing any part (Jute Land is recorded in the Public Records setting forth the violation or inlention to enforce. but only to the extent of the rialanon
or e/ farcement referred to in that notice_
6 An enforcement a01/0n hosed on the exercise ola governmental police power not covered by Covered Risk 5 if a notice of the enforcement action, describing env par!
of the Lund, 13' recorded it the Public Records. but wily to the extent of the e? forremeut referred to in that notice.
7. The eizruse of the rights of eminent domain if a notice of the exercise, describing any part oldie Land. is recorded at the Public Records.
8. Any taking by a governmental body that has occurred and is ',biding on the rights of a purchaser-fin- value without Knowledge.
9. 7118 being rested other Than as stated Schedule A or being defective
(a) as n result of the ayotdarme to whale or in part, or from a court order profiling an alerrmttve remedy, of a transfer of oil or any part of the title to or amp
interest in the land occurring prior to the transaction resting 77tle as .shown to Schedule A because that prior transfer constituted u fraudulent or preferential
transfer under federal bankruptcy. state /050/1 easy, or similar creditors' rights /airs: or
(h) because the instrument of transfer resting Tide as shorn in Schedule A constitutes a preferential transfer under federal bankruptcy state insolvency, or similar
creditors' rights laws ho reason of the failure of its recording in the Public Records
(t) to be timely, or
(/i) to impart notice olds existence to 0 purchaser for value or m a judgement or lien erec/110,0
10. ,Lm defect to or lien 00 encumbrance ran the 77/10 or other matter included to Covered Risks 1 through 9 that has been crewed or atached or has been filed or
recorded in the Public Records subsequent to Date of Policy and prior m the recording eJ the deed or ahem &usruhnenr of transfer in the Public Records that vests
Title as shown in Schedule A.
77re Company will also pow the costs. attorneys' fees. and expenses incurred to defense of our minter insured against b,' 11113 Policy. but oily to the extent provided to the
Conditionns.
II'ITNESS WHEREOF. FIDELITY NA 77ONAl, 7771,8 INSURANCE COMPANY has caused this policy to he signed and ,sealed by its duly authorized officers.
Issued by: Meridian Title Corporation
Authorized Signatory
Andrew R. Drake
Fidelity National Title Insurance Company
& M I A l 1
llli<T
Pit gale')
AtTA Owner's Policy (6t11l06)
Fidelity National Title Insurance Company
EXCLUSIONS FItOJ1 COVERAGE
The 61lowing matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys. Zee s. or expenses that
arise by reason oL
I. (a) Any late, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating. prohibiting, or relating to
(i) the occupancy, use, or enjoyment of the Land:
00 the character, dimensions or location of any improvement erected on the land_
(iii) the subdivision of land: or
(iv) environmental protection:
or the effect of any violation of these laws, ordinances_ or governmental regulations. this Exclusion 1(a) does not modify or Iintit the coveraec provided
under Covered Risk 5.
(b) Any governmental police power_ This Exclusion I (h) does not modify or limit the coverage provided under Covered Risk 6.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbran005, alkali-SC claims, or other ntaners:
(a) created, suffered, assumed. or agreed to by the Insured Claimant:
(h) not Known to the Company. not recorded in the Public Records al Date of Policy, but Known to the Insured ChM an and not disclosed in writing to the
Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy:
(c) resulting in 00 loss or damage to the Insured Claimant:
(d) attaching or created subsequent to Date of Policy (however. this does not modify or limit the coverage provided under Covered Risk 9 and 10): or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value Ibr the Title.
4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors rights laws, that the transaction vesting the Title as shown in
Schedule A, is
(a) a fraudulent conveyance or fraudulent transfer: or
(b) a prcicrential transfer for any reason not stated in Covered Risk 9 01 this policy.
5. Any hen 00 the Title for real estate taxes or assessments imposed by governmental authority and created Or attaching between Date 01 Policy and the dale of
recording of the decd or other instrument of transfer in the Public Records that vests Title as shown in Schedule A.
CONDITIONS
I. DEFINITION OE TERN IS
The following terms when used in this policy mean:
(a) - 'Amount of Insurance`: The 00100111 staled in Schedule A. as may he
increased or decreased by endorsement to this policy, increased by Section
8(b), or decreased by Sections 10 and I I of these Conditions.
(b) "Dale of Policy': The dint designated as 'Date of Polio:" in Schedule
A.
(c) "Entity": A corporation, partnership. trust, limited liability company, or
other similar legal entity.
(d) "Insured': The Insured named in Schedule A.
(i) The terns Insured" also includes
(A) successors to the Title of the Insured by operation of law as
distinguished from purchase, including heirs, devisees. survivors, personal
representatives, or next of kin:
(R) successors to an Insured by dissolution, merger. consolidation,
distribution. or reorganization:
(Cl successors to an Insured by its conversion to another kind of
Entity:
(D) a grantee of an Insured under a deed delivered lvithout
payment of actual valuable consideration conveying the Title
(I) if the stock, shares. memberships, or other equity interests
of the grantee are wholly -owned by the named Insured,
(2) if the grantee wholly owns the named Insured.
(3) if the granter; is wholly -owned by an affiliated Entity of
the named Insured. provided the affiliated Entity and the named Insured are
both wholly -owned by the same person or Entity, or
(4) it the grantee is 0 trustee or beneficiary of a trust created
by 0 written instrument established by the Insured named in Schedule A for
estate planning purposes.
(ii) With regard to (A), (R), (C), and (D) reserving, however. all rights
and defenses aS to any successor that the Company would have had against any
predecessor Insured.
(e) "Insured Claimant `. An Insured claiming loss or damage.
(1) -- K now'Iedge or "Known ": Actual knowledge, not constructive
011owledge or notice that may he imputed to an Insured by reason of the Public
Records or any other records that impart constructive notice of natters
affecting the Tide.
(g) "Land": The land described in Schedule A, and affixed improvements
that by law constitute real property_ The lath 'Land" does not include any
property beyond the lines of the area described in Schedule A. nor any right,
title, interest, estate. Or easement in abutting streets, roads, avenues. alleys,
lanes, ways, or waterways, but this does not modify or limit the extent that a
right of access to and from the Land is insured by this policy.
(h) 'Mortgage ": Mortgage, deed of trust, trust deed, or other security
instrument, including one evidenced by electronic means authorized by law.
• (1) "Public Records': Records established under stale statutes at Date of
Policy for the purpose of imparting constructive notice of matters relating to
real property to purchasers for value and without Knowledge. With respect to
Covered Risk 5(d), '-Public Records" shall also include environmental
protection liens tiled in the records of the clerk of the United States District
Coon for the district where the Land is located.
(j) "Title ": The estate or interest described in Schedule A.
(k) ' Unmarketable Title": Title affected by an alleged or apparent matter
that would permit a prospective purchaser or lessee oI' the Title or lender on the
Title to be released from the obligation to purchase, lease, or lend if there is a
contractual condition requiring the delivery of marketable title.
2. CON'TINEATION OF INSURANCE
The coverage of this policy shall continue in force as of Date of Policy in
favor of an Insured_ but only so long as the Insured retains an estate or interest
in the Land, or holds an obligation secured by a purchase money Mortgage
given by a purchaser from the Insured, or only so long as the Insured shall have
liability by reason of warranties in any transfer or conveyance of the Title. This
policy shall not continue in force in favor of any purchaser from the Insured of
either (i) un estate or interest in the Land, or (h) an obligation secured by a
purchase money Mortgage given to the hsured.
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLALALAN "F
The Insured shall notify the Company promptly in writing (i) in case of any
litigation as set forth fn Section 5(0) of these Conditions II in case Knowledge
shall come to an Insured hereunder of any claim of title or interest that is
adverse to the "Title, as insured, and that might cause loss or damage for which
the Company may be liable by virtue of this policy, or (iii) if the Title, as
insured- is rejected as Unmarketable Title If the Company is prejudiced by the
failure of the Insured Claimant to provide prompt notice, the Company's
liability to the Insured Claimant under the policy shall he reduced to the extent
of the prejudice.
4. PROOF OF LOSS
In the even) 100 Company is unable to determine the amount of loss or
damage, the Company may. at its option. require as a condition of payment that
the Insured Claimant Vanish a signed proof of loss. The proof of loss must
describe the defect, lien. encumbrance, or other matter insured against by this
policy that constitutes the basis of loss or damage and shall stale. to the extent
possible, the basis of calculating the amount of the loss or damage.
5. DEFENSE AND PROSECUTION OF ACI'IONS
(a) Upon written request by the Insured and subject to the options
contained in Section 7 of these Conditions, the Company, at its own cost and
without unreasonable delay, shall provide for the defense of an Insured in
litigation in which any third party asserts a claim covered by this policy adverse
to the Inured. This obligation is limited to only those stated causes of action
alleging matters insured against by this policy. The Company shall have the
right to select counsel of its choice (subject to the right of the Insured to object
for reasonable cause) to represent the Insured as to those stated causes of
action. It shall not be liable for and will not pay the fees of any other counsel.
The Company will not pay any lees, costs, or expenses incurred by the Insured
ALTA Owner's Policy (6117106) Fidelity National Title Insurance Company
in the defense of those causes of action that allege mutters not insured against
by this policy.
(b) The Company shall have the right. in addition to the options contained
in Section 7 of these Conditions, at its own cost. to institute and prosecute any
action or proceeding or to do any other act that in its opinion may be necessary
or desirable to establish the Title, as insured, or to prevent or reduce loss or
damage to the Insured_ The Company may take any appropriate action under
the terms of this policy. whether or not it shall be liable to the insured. The
exercise of these rights shall not he an admission of liability or waiver of any
provision of this policy. If the Company exercises its rights under this
subsection, it must do so diligently.
(c) Whenever the Company brings an action or asserts a defense as
required or permitted by this policy, the Company may pursue the litigation to a
final determination by a court of competent jurisdiction, and it expressly
resents the right, in its sole discretion, to appeal from any ad verse] udgmcnt or
order.
G. DUTY OF INSURED CLAIMANT 1'0 COOPERATE
(a) In all eases where this policy permits or requires the Company to
prosecute or provide for the defense of any action or proceeding and any
appeals, the Insured shall secure 10 the Compares the right to so prosecute or
provide defense in the action or proceeding, including the right to use, at its
option. the name of the Insured for this purpose Whenever requested by the
Company, the Insured at the Company's expense. shall give the Company all
reasonable aid (i) in securing evidence, obtaining witnesses. prosecuting or
defending the action or proceeding, or effecting settlement, and (ii) in any other
lawful act that in the opinion of the Company may be necessary or desirable to
establish the Title or any other matter as insured. If the Company is prejudiced
by the failure of the Insured to furnish the required cooperation, the Company's
obligations to the Insured under the policy shall terminate, including any
liability or obligation to defend, prosecute, or continue any litigation, with
regard to the matter r matters requiring such cooperation.
(b) The Company may reasonably require the Insured Claimant to submit
to examination under oath by any authorized representative of the Company
and to produce for examination, inspection, and copying, al such reasonable
limes and places as maxi be designated by the authorized representative of the
Company, all records, in whatever medium maintained, including books,
ledgers, checks. memoranda, correspondence. reports, e- nails, disks, tapes, and
videos whdher bearing a date before or after Date of Policy, that reasonably
pertain to the loss or damage. Further, if requested by any authorized
representative of the Company, the Insured Claimant shall grant its permission,
in writing, for any authorized repnscntalive of the Conmpa0y to examine.
inspect. and copy all of these records in the custody or control of a third party
that reasonably pertain to the loss or damage. All information designated as
confidential by the Insured Claimant provided to the Company pursuant to this
Section shall not be disclosed to others unless, in the reasonable judgment of
the Company, it is necessary in the administration of the claim_ Failure of the
Insured Claimant to submit for examination under oath, produce any reasonably
requested information. or grant ',emission to secure reasonably necessary
information from third parties as required in this subsection, unless prohibited
by law or governmental regulation, shall terminate any liability of the Company
under this policy as to that claim.
7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAN'S;
TERMINATION OF LIABILITY
In case of a claim under this policy, the Company shall have the following
additional options:
(a) To Pay or Tender Payment of the Amount of Insurance.
To pay or lender payment of the Amount of Insurance under this policy
together with any costs, attorneys' lees, and e.'pe sex incurred by the Insured
Claimant that were authorized by the Company up to the time 01 payment or
tender of payment and that the Company is obligated to pay.
Upon the exercise by the Company of this option. all liability and
obligations of the Company to the Insured under this policy, other than 10 make
the payment required in this subsection, shall terminate, including any liability
or obligation to defend, prosecute, or continue any litigation.
(b) To Pay or Otherwise Settle With Parties Other Than the Insured or
With the Insured Claimant.
(i) 'lo pay or otherwise settle with other parties nix or in the name of
an Insured Claimant any claim insured against under this policy. In addition,
the Company will pay any costs, attorneys' fees, and expenses incurred by the
Insured Claimant that were authorized by the Company up to the time or
payment and that the Company is obligated to pal, or
(ii) To pay or otherwise settle with the Insured Claimant the loss or
damage provided for under this policy, together with any costs. attorneys fees,
and expenses incurred by the Insured Claimant that were authorized by the
Company up to the time of payment and That the Company is obligated to pay.
Upon the exercise by the Company of either of the options provided for in
subsections (b)(i) or (ii). the Company's obligations to the Insured under This
policy for the claimed loss or damage, other than the papnenis required to be
ALIA Owner's Policy (6) 17)06)
made. shall terminate. including any liability or obligation to defend. prosecute.
or continue ally Iitigation.
8. DETERMINATION AND IIXTFNT OF LIABILITY
This policy is a 00010101 of indemnity against actual monetary Ions or
damage sustained or incurred by the Insured Claimant who has suffered loss or
damage by reason of natters insured against by this policy.
(a) The extent of liability of the Company for loss or damage under this
policy shall not exceed the lesser of
(1) the Amount of insurance; or
(ii) the difference between the value of the Title as insured and the
value of the Title subject to the risk insured against by this policy_
(b) If the Company pursues its rights under Section 5 of these Conditions
and is unsuccessful in establishing the Title. as insured.
1) the Amount of Insurance shall be increased by 10 %. and
(11) the Insured Claimant shall have the right to have the loss or
damage determined either as of the date the claim was made by the Insured
Claimant or as of the date it is settled and paid.
(c) In addition to the extent of liability under (a) and (b), the Company will
also pan' (hose costs, attorneys lees, and expenses incurred in accordance with
Sections 5 and 7 of these Conditions.
9. LI \I FIA'IION OF LIAKILIT1'
(a) 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 Unmarketable Till e. all as insured in a reasonably diligent
manner by any method. including litigation and the completion of anv appeals,
it shall have fully performed its obligations with expect to that matter and shall
not be liable for any loss or damage caused to the Insured.
(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 Toss or
damage until there has been a final determination by a court of competent
jurisdiction, and disposition of all appeals, adverse to the Title, as insured.
(c) The Company shall not be liable for Toss or damage to the Insured for
liability voluntarily assumed by the Insured in settling any claim or suit without
the prior written consent of the Company.
10. IIEDUC1lON OF INSURANCE: KF,1)I1CIION 012 'i ERVIINA'IION
OF LIAIII Lill'
All payments under This policy, except payments made for costs, attorneys'
fees, and expenses. shall reduce the Amount of Insurance by the amount of the
payment.
11. I.L11311.1TY NO:NCl)1 IUL:IIIVE
The Amount of Insurance shall he reduced by any amount the Company
pays under any policy insuring 11 Mortgage to which exception is taken in
Schedule 13 or to which the Insured has agreed assumed, or taken subject. or
which is executed by an Insured after Dale of Policy and which is a charge or
hen on the 'title, and the 1101011111 so paid shall he deemed a payment to the
Insured under this policy_
12. I'AN'TII(NT OF LOSS
When liability and the extent of loss or damage have been dednilely fixed
in accordance with these Conditions. the payment shall he made within 30 days.
13. RIGHTS OF I4ECOVEKI' IlI'ON ISU'i EN F Olt SF,TTLEMIENT
(a) Whenever the Company shall have settled and paid a claim under this
policy, it shall he subrngated and entitled to the rights of the Insured Claimant
in the Title and all other rights and remedies in respect to the claim that the
Insured Claimant has against any person or property, to the extent of the
amount of any loss, costs, attorneys' fees. and expenses paid by the Company.
If requested by the Company, the Insured Claimant shall execute documents to
evidence the transfer to the Company of these ri0110 and remedies. The Insured
Claimant shall permit the Company to sue, compromise, or settle in the name 0f
the Insured Claimant and to use the name of the Insured Claimant in any
transaction or litigation involving these rights and remedies.
II a payment on account of a claim does not fully cover the loss of the
Insured Claimant. the Company shall defer the exercise of its right to recover
until alter the Insured Claimant shall have recovered its lass.
(h) The Company's right of subrogation includes the rights of the Insured
to indemnities. guaranties. other policies of insurance. or bonds,
notwithstanding any terns or conditions contained in those instruments that
address subrogation rights.
14.:AIt131I RATION
Either the Company or the Insured rl1a0 demand that the claim or
controversy shall be submitted 10 arbitration pursuant to the Title Insurance
Arbitration Rules of the American I,and'fitle Association ('Rules )_ Except as
provided in the Rules, there shall he no joinder or consolidation with claims or
0011110versies of other persons. A rhi1ruble matters mat' include. but are not
limited to, any controversy or claim between the Company and the Insured
arising out of or relating 10 this policy_ any service in connection with its
is7ua1100 or the breach of a policy provision. or to any other controversy or
claim arising out of the transaction giving rise to this policy. All arbitrable
smatters when the Am01101 of Insurance is 52.000.000 or Tess shall be arbitrated
Fidelity Nallonal Title Insurance Company
at the option of either the Company or the Insured All arbitrable mailers when
the Amount of Insurance is in excess of $2.000.000 shall he arbitrated only
when agreed to by both the Company and the Insured. Arbitration pursuant to
this policy and under the Rules shall be binding upon the parties. Judgement
upon the award rendered by the Arbitrator(s) may be entered in any court of
competent jurisdiction.
15. LIABILITY LI81IPED TO 11115 POLICA; POLICY ENTIRE
CONTRACT
(a) This policy together with all endorsements, if alp, attached to it 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 he
construed as a whole.
(b) Any claim of loss or damage that arises out of the status of the Title or
by any action asserting such claim shall be restricted to this policy_
(c) Any amendment of or endorsement to this policy must be in writing
and authenticated by an authorized person, or expressly incorporated by
Schedule A of this policy.
(d) Each endorsement to this policy issued at any time is made a part of
this policy and is subject to all of its terms and provisions. Except as the
endorsement expressly states. it does not (i) modify any of the terms and
provisions of the policy, (ii) modify any prior endorsement, (iii) extend the
Date of Policy. or (iv) increase the Amount of Insurance.
16. SEVERA111 I.ITV
In the even) any provision of this policy, in whole or in part, is held invalid
or unenforceable under applicable law, the policy shall be deemed not to
include that provision or such part held to he invalid, but 011 other provisions
shall remain in lull force and effect_
17. CHOICE OF LAW: FORIIRI
(a) Choice of Law: The Insured acknowledges the Company ha,a
Underwritten the risks covered by this policy and dderinined the premium
charged thcrcllx in reliance upon the law affecting interests in real property and
applicable to the interpretation. rights_ remedies, or colbrcdnenl of policies of
title insurance of the jurisdiction where the land is located_
Therefore, the court or an arbitrator shall apply the lacy of the jurisdiction
where the Land is located to determine the validity of claims against die Title
that are adverse to the Insured and 10 interpret and entbree the terns of this
policy_ In neither case shall the court or arbitrator apply its conflicts of law
principles to determine the applicable law.
(b) Choice of Forum: Any litigation or other proceeding brought by the
Insured against the Company must be filed only in a state or federal court
within the United Slates of America Or its territories having appropriate
j urisdi elion.
18. NOTICES, WHERE SENT
Any notice of claim and any other notice Or Statenlenl in writing required to
be given to the Company under this policy nhusl be given to the Company at
Fidelity National Title Insurance Company, Alin: Claims Department, P. O.
13ox 45023, Jacksonville. Florida 32232 -5023.
ALTA Owner's Policy (6/17/06) Feeley National Title Insurance Company
Agents Reference Number:
14 -9969
Owners Policy No: 82306 44098933
ALTA Owners Policy (6/17/06)
Schedule A
MERIDIAN TITLE CORPORATION
Commercial Division Central Indiana
11711 N. Pennsylvania St., Ste. 110
Carmel, IN 46032
317.571.3330
317.580.0153 FAX
indy@meridiantitle.com
OWNERS POLICY
Date of Policy: Amount of Insurance:
May 2, 2014 at 8:00 AM $70.000.00
The Policy Number shown on this schedule must agree with the preprinted number on the cover sheet.
1. Name of Insured:
The City of Carmel, Indiana
2. The estate or interest in the land is described herein and which is covered by this policy is Fee Simple and
Easement.
3. Title to the estate or interest referred to herein is vested in:
The City of Carmel, Indiana
4. The insured Mortgage and assignments thereof, if any, are described as follows:
N/A
5. The land referred to in this policy is located in County of Hamilton, State of Indiana and described as follows:
SEE ATTACHED EXHIBIT "A"
Fidelity National Title Insurance Company
This policy is valid only if Schedule B is attached.
Schedule A consists of 2 page(s)
ALTA Owners Policy (6/17/06)
Schedule A
EXHIBIT A
Parcel l:
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 °35'38" East from a brass
plug found in the centerline of Windsor Drive; thence South 88 °22'40" 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 °54'21" East a distance of 75.11 feet
to the corner of an existing fence and the Point of Beginning; thence North 40 °16'59" East along said fence a distance
of 78.84 feet; thence North 49 °54'31" West a distance of 12.48 feet; thence North 40 032'18" East a distance of 22.44
feet; thence South 50 °42'16" East a distance of 21.08 feet; thence South 41 °39'28" West a distance of 10.56 feet to
an existing fence; thence South 49 °46'01" 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 °10'16" West a
distance of 1.40 feet; (2) thence North 49 °49'44" West a distance of 1.32 feet; (3) thence South 40 °10'16" West a
distance of 33.50 feet to an existing party wall; thence North 49 °49'44" 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 °10'16" West a distance of 37.39 feet; (2) thence North 49 °49'44" West a distance of 15.86 feet; (3) thence South
40 °18'22" West a distance of 18.04 feet to an existing fence line; thence North 50 °10'32" West along said fence a
distance of 7.81 feet; thence South 39 034'40" West a distance of 6.00 feet; thence North 50 °10'32" West a distance of
5.50 feet; thence North 39 °34'40" East a distance of 6.00 feet to said existing fence; thence North 50 °10'32" West
along said fence a distance of 80.23 feet to the Point of Beginning. Containing 0.254 acres, more or less.
Parcel II:
Together with an easement for ingress and egress to and from the entrance to the above described property over and
from the adjoining parking lot on and along the existing sidewalk and the use of a reasonable number of parking
spaces in the adjoining parking lot to be designated by Grantor, as set forth in Warranty Deed dated May 10, 2004,
recorded February 24, 2005, as Instrument No. 200500011169, in the Office of the Recorder of Marion County,
Indiana.
12120 Brookshire Parkway, Carmel, IN 46033
Fidelity National Title Insurance Company
This policy is valid only if Schedule B is attached.
Schedule A consists of 2 page(s)
ALTA OWNERS POLICY (6/17/06)
Agents Reference No.: 14 -9969
Owners Policy No: 82306 - 44098933
SCHEDULE B
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:
General Exceptions:
1. Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate
survey or inspection of the premises.
Special Exceptions: The insured Mortgage, if any, referred to in Item 4 of Schedule A, and the following exceptions:
1. Taxes for the year 2014 payable in 2015 are a lien not yet due and payable.
2. Any inaccuracy in the area, square footage, or acreage of land described in Schedule A, if any. The Company
does not insure the area, square footage, or acreage of the land.
3. Easement for housing, repairing, maintaining and using any and all pipes, conduits, sires, sewers and other
connectors reserved by Brookshire First Mortgage, LLC as set forth in Warranty Deed dated May 10, 2004,
recorded February 24, 2005, as Instrument No. 200500011169, in the Office of the Recorder of Hamilton County,
Indiana.
4. Covenants, conditions and restrictions as set forth in Warranty Deed dated May 10, 2004, recorded February 24,
2005, as Instrument No. 200500011169 in the Office of the Recorder of Hamilton County, Indiana. Restrictions
do provide for forfeiture or reversion for violation thereof.
NOTE: This exception omits any covenant, condition or restriction based on race, color, religion, sex, handicap,
familial status or national origin, unless and only to the extent that the restriction is not in violation of state or
federal law, or relates to a handicap, but does not discriminate against handicapped people.
5. Right of First Refusal as set forth in Warranty Deed dated May 10, 2004, recorded February 24, 2005, as
Instrument No. 200500011169 in the Office of the Recorder of Hamilton County, Indiana.
6. Option to Purchase as set forth in Warranty Deed dated May 10, 2004, recorded February 24, 2005, as
Instrument No. 200500011169 in the Office of the Recorder of Hamilton County, Indiana.
7 Easement by and between Michigan Gas Transmission Corp., and Panhandle Eastern Pipe Line Company in an
instrument dated March 31, 1943 and recorded April 2, 1943 in Miscellaneous Record 36. page 401 and
assigned to Indiana Gas Company, Inc., (Indiana Gas), an Indiana corporation by Assignment recorded
November 12, 1986 in Easement Record 4 pages 624 - 634 in the Office of the Recorder of Hamilton County,
Indiana.
8. Easement for Private Road to the City of Carmel by and between Lumber Mart, Inc., and the City of Carmel
recorded February 1, 1978 in Deed Book 302, pages 272 - 273 in Instrument No. 9378 in the Office of the
Recorder of Hamilton County, Indiana.
9. Easement for Electric Underground Cable Lines by and between Lumber Mart, Inc., and Public Service Company
of Indiana, Inc., recorded December 17, 1979 in Deed Book 317. pages 807 - 808 in Instrument No. 18173 in the
Office of the Recorder of Hamilton County, Indiana.
10. Electric Line Easement granted to PSI Energy Inc., an Indiana corporation recorded January 19, 1993 in
Instrument No. 9302200 in the Office of the Recorder of Hamilton County, Indiana.
Fidelity National Title Insurance Company
This policy is valid only if Schedule A is attached.
Schedule B consists of 3 page(s)
ALTA OWNERS POLICY (6/17/06)
Agents Reference No.: 14 -9969
Owners Policy No: 82306- 44098933
SCHEDULE B
11. Easement by and between Riva Corporation and the City of Carmel, of Hamilton County, Indiana recorded July
26, 1995 in Instrument No. 9544607 in the Office of the Recorder of Hamilton County, Indiana.
12. Temporary Right -of -Way Grant to Hamilton County, Indiana recorded November 25, 1997 in Instrument No.
9709750886 in the Office of the Recorder of Hamilton County, Indiana.
13. Gas Line Easement by and between AZ Golf Club, IN., LLC, an Indiana limited liability company and Indiana Gas
Company Inc., an Indiana corporation recorded June 20, 1999 in Instrument No. 9909923678 in the Office of the
Recorder of Hamilton County, Indiana.
14. Conservation Easement by and between Brookshire First Mortgage, LLC. an Indiana limited liability company and
Indiana Department of Natural Resources recorded November 15, 2006 in Instrument No. 200600068602 in the
Office of the Recorder of Hamilton County, Indiana.
15. Special assessments /sewer usage charges, if any, levied by the City of Carmel.
16. Subject to all legal highways and rights of way.
17. Possible Rights of Way for legal drains and ditches, feeders and laterals, if any, and all rights therein.
Fidelity National Title Insurance Company
This policy is valid only if Schedule A is attached.
Schedule B consists of 3 page(s)
ALTA OWNERS POLICY (6/17/06)
Agents Reference No.: 14 -9969
Owners Policy No: 82306 - 44098933
SCHEDULE B
We are here to serve you...
As our policy holder, your satisfaction is very important to us. If you have a question about your policy, need
assistance with a problem or have a claim, you should first contact your insurance agent or us at (800) 777 -1574.
Should you have a valid claim, we fully expect to provide a fair settlement in a timely fashion.
Should you feel you are not being treated fairly with respect to a claim, you may contact the Indiana Department of
Insurance with your complaint.
To contact the Department, write or call:
Consumer Services Division
Indiana Department of Insurance
311 W. Washington St., Suite 300
Indianapolis, IN 46204 -2787
317 - 232 -2395 or 1-800-622-4461
Fidelity National Title Insurance Company
This policy is valid only if Schedule A is attached.
Schedule B consists of 3 page(s)
The City of Carmel, Indiana
One Civic Square
Carmel, IN 46032