WFG NATIONAL TITLE INSURANCE COMPANY · 2017-12-15 · WFG National Form No. 3151900 COMMITMENT FOR TITLE INSURANCE Issued by WFG National Title Insurance Company WFG National Title

ALTA Commitment Form (06-17-06)WFG National Form No. 3151900

COMMITMENT FOR TITLE INSURANCE

Issued by

WFG National Title Insurance Company

WFG National Title Insurance Company, a South Carolina corporation (“Company”), for a valuable consideration, commits to issue 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 in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements; all subject to the provisions of Schedules A and B and to the Conditions 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 by the Company.

All liability and obligation under this Commitment shall cease and terminate ninety (90) days after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue the policy or policies is not the fault of the Company.

The Company will provide a sample of the policy form upon request.

IN WITNESS WHEREOF, WFG National Title Insurance Company has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A.

WFG NATIONAL TITLE INSURANCE COMPANY

BY: President

ATTEST: Secretary


CONDITIONS

1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument.

2. If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest 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.

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 and Conditions and the Exclusions from Coverage 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. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. 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 the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment.

5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at< http://www.alta.org/>.

http://www.alta.org/


SCHEDULE AALTA COMMITMENT

Effective Date: July 20, 2017 8:00AM

1. Policy or Policies to be issued:

(a) A.L.T.A. Owner's Policy (ALTA form 6/17/06) Amount of Policy:

Proposed Insured: Proposed Insured Owner(s)

(b) A.L.T.A. Loan Policy (ALTA form 6/17/06) Amount of Policy:

Proposed Insured:

2. The estate or interest in the land described or referred to in this Commitment and covered herein is an estate or interest designated as follows:

FEE SIMPLE

3. Title to the estate or interest in the land described or referred to in this Commitment and covered herein (and designated as indicated in No. 2 above) is, at the effective date hereof, vested in:

Gary R. Hillier, Jr. and Pon S. Hillier.

4. The land referred to in this Commitment is in the State of New York, County of Oneida, and described as follows:

SEE ATTACHED EXHIBIT “A”

By: Bay National Title Company

________________________________ Authorized Signatory13577 Feather Sound Drive, Ste. 250Clearwater, FL 33762


EXHIBIT “A”

All that tract and parcel of land, situate in the Town of Steuben, Oneida County, New York beginning at a point, said point being the centerline of Fraser Road, said point further being the Northeast corner of a parcel of land conveyed by Myra F. Broadbent and Janet F. Broadbent to Donald R. Sakowski and Lulu E. Sakowski by deed dated September 28, 1994 and recorded in the Oneida County Clerk's Office on Oct. 6, 1994 in Liber 2692 of Deeds at Page 28; thence S 60 degrees 03' East, but along said Fraser Road centerline, 400’± to a point; thence S 13 degrees 04’ 45" W 375' and passing through current (2000) Niagara Mohawk pole # LI-23NM5; thence N 60 degrees 03' W 400' ± to a point, said point being on the Easterly boundary line of said Sakowski’s (2692/28), then N 13 degrees 04' 46" along said Sakowski’s (2692/28) Easterly boundary line 375' ± but to the point or place of beginning.

NOTE: The information below is provided for informational purposes only. The Company will not pay loss, damage, attorney's fees and/or costs due a claim this information is inaccurate.

Property Address: 9072 Fraser Road, Holland Patent, NY, 13354Tax ID: 175.000-2-28.5

Parcel ID: 175.000-2-28.5

Commonly known as: 9072 Fraser Road, Holland Patent, NY 13354

The property address and tax parcel identification number listed are provided solely for informational purposes, without warranty as to accuracy or completeness and are not hereby insured.


SCHEDULE B-IALTA COMMITMENT

Requirements

1. Pay and/or disburse the agreed amounts for the interest in the land and/or the mortgage to be insured.

2. Pay us the premiums, fees and charges for the policy.

3. Pay all taxes and/or assessments, levied and assessed against the land which are due and payable.

4. Instrument(s) creating the estate or interest to be insured must be properly executed, delivered and filed for record.

a. Warranty Deed or Special Warranty Deed to be executed by the duly authorized representative of Jpmorgan Chase to Proposed Insured Owner(s), conveying the property as described in Schedule A of this Commitment. In the event the conveyance of title to the proposed insured is to be made by any entity other than the foregoing named Grantor or is to be made through use of any other deed format other than a Warranty Deed or Special Warranty Deed as herein required or the deed contains an exception for any Code Enforcement Lien(s), Company must be notified and thereupon this Commitment will be revised to require the release of the land described in Schedule A from any cross-attaching Code Enforcement Liens attaching to said land.

NOTE: If the property is homestead property, the spouse of said party must join in the execution of the deed. If the individual(s) in title are unmarried, then indicate this on the deed. If the property is not homestead, then a statement to that effect must be reflected on the deed.

B. Mortgage from Proposed Insured Owner(s) to To Be Determined.

NOTE: If the property is homestead property, the spouse of said party must join in the execution of the mortgage. If the individual(s) in title are unmarried, then indicate this on the mortgage. If the property is not homestead, then a statement to that effect must be reflected on the mortgage.

5. Secure and record a Satisfaction of Mortgage made by Gary R. Hillier, Jr. joined by Pon S. Hillier in favor of Mortgage Electronic Registration Systems, Inc., as nominee for Primelending, a Plainscapital Company, in the original principal amount of $131,460.00, recorded on 04/09/2009, in Official Records Instrument No. 2009-004992, which Mortgage is now held by JPMorgan Chase Bank, National Association, by virtue of Assignment of Mortgage recorded 08/28/2014 in Official Records Instrument No. 2014-011991.

6. Note: Each side of a mobile home has a separate Certificate of Title and each Certificate of Title must be transferred at the DHSMV and new Certificates of Title issued to the buyer. The lender's lien must be placed on each Certificate of Title.

7. Secure and record a release of the Federal Tax Lien against Gary R. Hillier, Jr., recorded 10/01/2014 in Official Records Instrument No. L2014-000395, in the amount of $40,508.56, or in the alternative, record a sworn affidavit, stating sufficient facts and containing the legal description of the insured property, that Gary R. Hillier, Jr. is not one and the same person as Gary R. Hillier, Jr. listed in said lien.

8. Secure and record a release of the Federal Tax Lien against Gary R. and Pon S. Hillier, Jr., recorded 10/01/2014 in Official Records Instrument No. L2014-000396, in the amount of $26,982.00, or in the alternative, record a sworn affidavit, stating sufficient facts and containing the legal description of the insured property, that Gary R. and Pon S. Hillier, Jr. is not one and the same person as Gary R. Hillier, Jr. and Pon S. Hillier, Jr. listed in said lien.

9. Secure and record a release or satisfaction of State Tax Warrant in favor The Commissioner of Taxation and Finance of the State of New York against Gary R. Hillier, Jr. and/or Pon S. Hillier, recorded 06/02/2014 in Official Records Instrument No. J2014-005462, in the amount of $1,267.92.

https://clients.bntc.com/DownloadDocument.aspx?DocumentID=2968484

















10. Secure and record a release or satisfaction of State Tax Warrant in favor The Commissioner of Taxation and Finance of the State of New York against Gary R. Hillier, Jr. and/or Pon S. Hillier, recorded 06/16/2016 in Official Records Instrument No. J2016-005537 in the amount of $14,955.16.

11. Secure and record a release of Judgment in favor of Capital One Bank (USA), N.A., and against Gary R. Hillier, recorded 10/01/2014 in Official Records Instrument No. J2014-008984 in the amount of $4,035.32.

12. Secure and record a release of Judgment in favor of First Source Federal Credit Union, and against Gary R. Hillier, Jr., recorded 02/21/2017 in Official Records Instrument No. J2017-001787, in the amount of $53,683.11.

13. Dismissal of litigation and discharge of the Lis Pendens filed in case styled JPMorgan Chase Bank, National Association vs Pon S. Hillier and Gary R. Hillier, Jr. et al., Case No. CA2013-000024, and recorded 01/04/2013 in Official Records Book Instrument No. LP2013-000006, and Notice of Pendency Renewal recorded 02/01/2016 in Official Records Instrument No. LP2016-000052, together with satisfaction of the Summary Final Judgment of Foreclosure recorded 04/18/2017 in Official Records Instrument No. J2017-003483.

14. Evidence satisfactory to the Company must be furnished showing:a. An RP Sticker should be obtained for the mobile home if not already done.b. Releases should be obtained for any lien(s) shown on the motor vehicle certificate(s) of title.c. A New York motor vehicle certificate of title should be signed over to the buyer and processed through the

local tax collector or DHSMV and a "new" title certificate issued in the name of the insured buyer.d. The new lender should be added to the certificate of title as a lienholder and the new lien registered in

accord with Section 319.27 F.S.e. The deed and mortgage should identify the mobile home with the following: Manufacturer, name, make,

and model, and the VIN number.f. The title policies you issue should reference the mobile home or vehicle identification number(s) (VIN) as

part of the description in Schedule A.

15. Proof of payment of any outstanding assessments in favor of Oneida County, New York, any special taxing district and any municipality.

NOTE: If this requirement is not satisfied the following exception will appear on Schedule B: Any outstanding assessments in favor of Oneida County, New York, any special taxing district and any municipality.

16. Proof of payment of service charges for water, sewer, waste and gas, if any, through the date of closing.

NOTE: If this requirement is not met the following exception will appear on Schedule B: Any lien provided for by New York Statutes in favor of any city, town, village or port authority for unpaid service charges for service by any water, sewer, waste or gas system supplying the insured land or service facilities.

17. No liability is incurred by this Commitment until the Proposed Insured Owner has been disclosed to this Company, and/or its policy issuing agent herein. Once the Buyer(s) names have been disclosed, this Report can be completed and may be redrafted to deal with the effect of any documents, proceedings, liens, decrees, or other matters, if any, relating to said Buyer(s), which may affect the title to or impose liens or encumbrances on the Insured Land. The Company reserves the right to make additional requirements, or exceptions, should any additional facts or information be disclosed by the compliance with the preceding requirement.

18. When the Company has been provided the amount of the full insurable value of the land, and the Company has agreed to that value, Schedule A will be amended accordingly.

NOTE: An owner’s policy, insuring an estate or interest in the subject property herein, will not be issued for less than full value of the subject property.

19. The amount of insurance of the proposed Policy is limited to $1,000.00. The total liability of the Company under this commitment shall not exceed that amount, unless and until another amount of insurance of the Policy to be issued is agreed upon and the Company’s applicable insurance charges are paid. The Company requires satisfactory evidence of the loan, actual value, or sales price, of the estate or interest to be insured. If the Company approves that amount, it may be entered as the amount of insurance of the proposed Policy to be issued.

20. Obtain a sworn affidavit by the current owner(s), certifying that there are no liens against the insured land other than as disclosed by this commitment; that there are no outstanding or pending claims against the affiant that may constitute the basis for a lien against the insured land; that other than as disclosed by this commitment there are













no matters which constitute defects in affiants' title to the insured land; and that there are no matters existing at this date which would adversely affect the ability of the affiant to convey and/or mortgage the insured land.

21. Furnish Company with an Affidavit satisfactory thereto executed by owner, or its agent, that there are no parties in possession of the land described in Schedule A and that there are no claims to any rights of possession or any lease affecting said land known to exist. Said Affidavit must be based on the actual knowledge of the Affiant after their due investigation and inquiry and not merely to the best of their knowledge and belief. In lieu of such owner's Affidavit, Company will accept a similar affidavit from the buyer proposed to be insured hereunder.

22. Immediately prior to disbursement of the closing proceeds, the search of the public records must be continued from the effective date hereof. The Company reserves the right to raise such further exceptions and requirements as an examination of the information revealed by such search requires, provided, however, that such exceptions or requirements shall not relieve the Company from its liability under this Commitment arising from the matters which would be revealed by such search, to the extent that Company, or its Agent countersigning this Commitment, has disbursed said proceeds.

NOTE: All recording references in this commitment/policy shall refer to the public records of Oneida County, New York, unless otherwise noted.

NOTE: Any matters listed as requirements on Schedule B-I above that are not resolved to the satisfaction of Company will be shown as an exception on final policy.

NOTE: The Company reserves the right to make further requirements and/or exceptions upon its review of the proposed documents creating the estate or interest to be insured or otherwise ascertaining details of the transaction.


SCHEDULE B-IIALTA COMMITMENT

Exceptions

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:

1. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the Proposed Insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment.

2. Rights or Claims of parties in possession not shown by the public records.

3. Easements or claims of easements not shown by the public records.

4. Any encroachment, encumbrance, violation, or adverse circumstance affecting the title that would be disclosed by an accurate and complete land survey of the land. The term "encroachment" includes encroachments of existing improvements located on the land onto adjoining land, and encroachments on the land of existing improvements located on adjoining land.

5. Any lien or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records.

6. Any adverse ownership claim by right of sovereignty to any portion of the lands insured hereunder, including submerged, filled and artificially exposed lands and lands accreted to such lands.

7. Minerals of whatsoever kind, subsurface and surface substances, including but not limited to coal, lignite, oil, gas, uranium, clay, rock, sand and gravel in, on, under and that may be produced from the Land, together with all rights, privileges, and immunities relating thereto, whether or not appearing in the Public Records or listed in Schedule B. The Company makes no representation as to the present ownership of any such interests. There may be leases, grants, exceptions or reservations of interests that are not listed.

8. Taxes for the year 2017 and subsequent years which are not yet due and payable.

9. Oil and Gas Lease recorded in Official Records Book 2005, Page 597, and Assignment recorded in Official Records Book 2021, Page 102.

10. The improvements located on said land consist of a mobile home. So long as said mobile home retains its characteristics as personal property, this binder/policy does not insure the mobile home located on the property as described in Schedule "A", but explicitly excluded such personal property from the coverage hereof. In the event, as of the date hereof, said mobile home is affixed to said land as to be part of the realty under the terms and provisions of this binder/policy and under the laws of the State of Florida, this binder/policy does insure the mortgage as a lien on said land improvements. The burden of proof to establish that said mobile home is a fixture shall be on the insured hereunder.

11. This policy excludes all loss or damage, including attorney's fees and costs, arising or resulting from unpaid municipality charges, including but not limited to those for gas, water or sewer, and for liens resulting from violations or alleged violations of statutes, ordinances, codes and/or regulations including, but not limited to, charges for summary abatement, rubbish removal, grass cutting, tree removal and board-up. The proposed insured is cautioned to obtain the current status of these charges, if any.

NOTE: All recording references in this commitment/policy shall refer to the public records of Oneida County, New York, unless otherwise noted. Any reference herein to a Book and Page or Instrument Number is a reference to the Official Record Books of said county, unless indicated to the contrary.

NOTES FOR INFORMATION PURPOSES ONLY:









(a) Items 2 and 5 of Schedule "B-II" of this Commitment will be deleted from any policies issued pursuant thereto, upon the Company's review and acceptance of an Affidavit of Possession and No Liens, and the Company's review of the potential exposure of construction liens. The Company reserves the right to exclude from coverage matters disclosed by the Affidavit or discovered in the Company's review of the potential exposure for construction liens and to make such additional requirements as it may deem necessary.

(b) Items 3 and 4 of Schedule "B-II" of this Commitment will be deleted from any policies issued pursuant thereto, upon being provided a survey meeting the company's requirements. If such survey reveals any encroachments, overlaps, boundary line issues or other adverse matters, they will appear as exceptions in any policies to be issued based upon this commitment.

(c) All of the recording information contained herein refers to the Public Records of the County and State contained within the legal description on Schedule A, unless otherwise indicated. Any reference herein to a Book and Page is a reference to the Official Record Books of said county, unless indicated to the contrary.

(d) As to all restrictions set forth above, the following is added: “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(s): (a) is/are exempt under Chapter 42, Section 3607 of the United States Code; or (b) relates to a handicap, but does not discriminate against handicapped persons.”

(e) A search commencing with the effective date hereof will be performed prior to closing this transaction. If this search reveals an objection or title defect, an endorsement will be issued requiring that said objection or defect be cleared before closing.

(f) Please be advised that the insured hereunder may present inquiries, obtain information about coverage, or receive assistance in resolving complaints, by contacting WFG National Title Insurance Company, 340 Oswego Pointe Drive, Lake Oswego, OR 97834 Telephone number (800-334-8885)


CHAIN OF TITLE

Deed Type: Warranty DeedGrantors: Richard E. Ernst and Case Ernst, f/k/a Casey LewisGrantees: Gary R. Hillier, Jr. and Pon S. HillierInstrument: 2009-004991Dated: March 24, 2008Recorded Date: April 9, 2009Consideration: $1.00

TAX INFORMATION

Tax Year: 2017Tax Type: CountyTax ID #: 175.000-2-28.5Taxing Entity: Town of Steuben Tax Collector

First Installment: $1,499.90First Installment Status: Paid

Tax Year: 2016Tax Type: School DistrictTax ID #: 175.000-2-28.5Taxing Entity: Holland Patent CSD, NY

First Installment: $2,401.50First Installment Status: Paid

Grade:

Curative Items:Item

Description

Non Curative Items:

Item

Description

Title Company InformationBay National Title13577 Feather Sound Drive, Ste 250Clearwater, FL 33762Phone: 727-331-8506

Order DetailsFile #: TAMFHA-50392Client File #: 1881575662Property Address:9072 Fraser Road, Holland Patent, NY 13354

Assigned Coordinator DetailsEscrow Officer: Email: [email protected]

Title Officer: Email: [email protected]

Unreleased Mortgage

IRS Lien (s)

State Tax Warrant(s)

Unreleased Judgments

Active foreclosure-Lis Pendens

5

7,8

9, 10

11,12

13

D

mailto:[email protected]

mailto:[email protected]

DISCLAIMER: THE TITLE INFORMATION CONTAINED HEREIN IS SUPPLIES AS A COURTESY ONLY AND IS NOT INTENDED TO SUPPLEMENT OR TO EXTEND THE COVERAGE OF THE UNDERLYING TITLE REPORT. REFERENCE SHOULD BE MADE TO THE TITLE REPORT FOR ALL QUESTIONS CONCERNING THE STATUS OF THE TITLE TO

THE SUBJECT PROPERTY. BAY NATIONAL TITLE CO. ACCEPTS NO LIABILITY FOR THE INFORMATION CONTAINED HEREIN. REFERENCE SHOULD BE MADE TO THE UNDERLYING TSR FOR ALL QUESTIONS CONCERNING TITLE STATUS FOR THE PROPERTY.

Documents

WFG NATIONAL TITLE INSURANCE COMPANY · 2017-12-15 · WFG National Form No. 3151900 COMMITMENT FOR TITLE INSURANCE Issued by WFG National Title Insurance Company WFG National Title