HomeMy WebLinkAboutOrdinance #4420 - Purchase of 210 N. Avenue F STATE OF ILLINOIS)
) SS.
COUNTY OF FULTON)
CERTIFICATE
I, Andi Smith-Walters, certify that I am the duly elected City Clerk of
the CITY OF CANTON, FULTON COUNTY, ILLINOIS.
I further certify that on September 03. 2024, the City Council of such
municipality passed and approved Ordinance #4420 entitled:
AN ORDINANCE AUTHORIZING THE
PURCHASE OF 210 N. AVENUE F, CANTON, IL 61520
The ordinance attached is a true and correct copy of the ordinance adopted by Canton
City Council.
DATED AT CANTON, ILLINOIS, THIS 3rd DAY OF September, 2024
Seal
ndi Smith-Walters, City Clerk
City of Canton, Illinois
ORDINANCE NO. 4420
AN ORDINANCE AUTHORIZING THE
PURCHASE OF 210 N.AVENUE F,CANTON,IL 61520
WHEREAS, the City Council and Mayor of the City of Canton deem it in the best
interests the residents of the City of Canton(the "City") to purchase certain real property
(the "Property") legally described in "Exhibit A" attached hereto and fully incorporated
herein(Common Address: 210 N. Avenue F, Canton, IL 61520);
WHEREAS, pursuant to the provisions of Section 11-61-3 of Article 11 of the Illinois
Municipal Code(65 ILCS 5/11-61-3),the City is authorized to purchase real and personal
property for public purposes pursuant to contracts that provide for the consideration for
such purchase to be paid in annual installments during a period not exceeding 20 years;
and
WHEREAS, GARY SLACK(the"Seller"), has agreed to sell the Property to the City
for the purchase price of Sixty-Five Thousand and No/100 Dollars ($65,000.00), due and
payable at closing, which shall be on a date mutually agreed upon by the City and the
Seller.
NOW, THEREFORE, BE IT ORDAINED by the Corporate Authorities of City of
Canton, Fulton County and State of Illinois,as follows:
Section One: The foregoing recitals are incorporated herein as findings of the City
Council of the City of Canton.
Section Two: The City Council and Mayor of the City of Canton hereby determine
that it is advisable,necessary, and in the best interests of the Municipality to purchase the
Property and enter into an agreement with Seller providing for the purchase of the
Property at a total cost of $65,000.00 plus reasonable closing costs, title commitment
expenses, environmental studies, and ALTA survey costs (up to $15,000.00, unless
further authorized by City Council), and as set forth in the Agreement described below,
due and payable at closing,which shall occur on or before November 30,2024;
Section Three: The City Council and Mayor of the City of Canton hereby authorize
the City Attorney in consultation with the City Engineer and Mayor, to prepare,
negotiate, and approve a Real Estate Purchase Agreement substantially containing the
terms and conditions included in this Ordinance and others he deems to be in the best
interests of the City of Canton in order to accomplish the purchase set forth in this
Ordinance;
Section Four: The Mayor and/or his designee(s) are hereby authorized to execute
the Real Estate Purchase Agreement and to take all other reasonable and necessary
actions to accomplish the purchase of the Property and to order environmental studies,
ALTA surveys, and/or any other studies the Mayor deems appropriate in relation to said
purchase. To the extent said studies or surveys have been ordered prior to the effective
date of this Ordinance, said actions are hereby ratified.
Section Five: The City Council and Mayor of the City of Canton hereby authorize
the City Attorney and/or Mayor to terminate the Real Estate Purchase Agreement, if
deemed to be in the best interests of the City of Canton;
Section Six: This Ordinance shall be in full force and effect from and after its
passage, approval, and publication in the manner provided by law.
Passed this 3`d day of September, 2024.
AYES: Alderpersons Chamberlin, Grimm, Lovell, Hale, Gossett, Ketcham, Lingenfelter
NAYS: None
ABSENT: Alderperson Nelson
ABSTAIN: None
APPROVED:
-V"�
Kent McD , Mayor
ATT T:
r
Kdlraea�J- S ith-Walters, City Clerk
EXHIBIT A
A part of the Southeast Quarter of Section Number Twenty-eight(28) in Township Seven
(7) North, Range 4 East of the Fourth Principal Meridian, Canton, Fulton County,
Illinois, bounded as follows: From the Northeast corner of said Quarter Section measure
South along the East line of said Quarter Section455.4 feet to a Point for the Place of
Beginning; thence deflecting 90 degrees to the right, measure West at right angles the
East line of said Quarter Section 248.8 feet, thence deflecting 53 degrees and 30 minutes
to the left,measure in a Southwesterly direction 396 feet to the center of the Public Road;
thence deflecting 118 degrees and 16 minutes to the left, measure 88 feet in a
Southeasterly direction along the center line of said Public Road and a Steel Highway
Bridge; thence deflecting 7 degrees and 15 minutes to the left, measure Eastwardly 397.1
feet to the East line of said Quarter Section, thence deflecting 89 degrees and 10 minutes
to the left, measure north along the East line of said Quarter Section 338.3 feet to the
Place of Beginning hereby releasing and waving all rights under and by virtue of the
Homestead Exemption laws of this State.
RETURN TO:
TERRILL TITLE CO., INC.
143 W. Lincoln Ave. 292`.��
Lewistown, IL 61542
`Iyu c
Prepared By: Ryan M. Krisher 2413 810
202 North Lafayette Street
Macomb, Illinois 61455 PATRICK O'BRIAN
COUNTY CLERK & RECORDER
Tax Bill The City of Canton On, FULTON COUNTY, IL
CtiyTAto_,.u_ ,_, RECORDED ON
& Return To: 2-North Main Street 10/28/2024 09:44 AM
Canton, Illinois 61520 RECORDING FEE 68.00
RHSP FEE 18.00
WARRANTY DEED PAGES: 4
THE GRANTOR,
GARY SLACK,
for the consideration of One Dollar ($1.00) and
other good & valuable consideration in hand
paid, CONVEYS AND WARRANTS to
THE CITY OF CANTON, an Illinois
Municipal Corporation,
all of his interest in the following described Real Estate,
situated in the County of Fulton and State of Illinois,
to-wit:
A part of the Southeast Quarter of Section 28 in Township 7 North,
Range 4 East of the Fourth Principal Meridian, City of Canton, Fulton
County, Illinois, more particularly described as follows:
Commencing at the northeast corner of said Southeast Quarter, thence
South 00 degrees 32 minutes 11 seconds West (bearings based on
Illinois State Plane Coordinate System, NAD83 (2011) along the east
line of said Southeast Quarter 474.82 feet to the southeast corner of the
former Wallace tract as described in Quit Claim Deed recorded May 26,
1919 in Book 335, page 24, as Document No. 209332, said corner also
being the Point of Beginning of the Parcel to be described:
From the Point of Beginning, thence North 89 degrees 15 minutes 21
seconds West along the south line of said former Wallace tract 260.00
feet to an iron rod found at the most easterly corner of the A&J Raj, Inc.
tract as described in Corporate Warranty Deed recorded February 25,
2021 as Document No. 2021-094667 and as shown on two unrecorded
survey plats by Robert W. Anderson dated July 1967 as Job No. 181,
and February 15, 1994 as Job No. 3582; thence South 24 degrees 25
minutes 18 seconds West along the easterly line of said A&J Raj, Inc.
property and the extension thereof 302.90 feet to the southeast corner of
the former Finfrock tract as described in Warranty Deed recorded
December 3, 1923 in Document No. 229357 in Book 387, page 559;
Fulton County Clerk Recorder Instrument No. 2413810 Page 1 of 4
thence North 76 degrees 57 minutes 59 seconds West along the
southerly line of said former Finfrock tract 74.07 feet to the westerly
line of a tract described in Quit Claim Deed recorded April 7, 1924 as
Document No. 230985 in Book 357,page 530;thence South 37 degrees
18 minutes 09 seconds West along said westerly line 52.57 feet to the
southwest corner of said Quit Claim tract, said corner also being the
southwest corner of the Slack tract as described in Warranty Deed
recorded August 25,2000 as Document No 2000-007138;thence South
76 degrees 35 minutes 01 seconds East along the southerly line of said
Slack tract 100.14 feet to the southerly corner of said Slack tract;thence
North 89 degrees 42 minutes 27 seconds East along said southerly line
388.84 feet to said east line of the Southeast Quarter of Section 28;
thence North 00 degrees 32 minutes 11 seconds East along the east line
of said Southeast Quarter 318.81 feet to the Point of Beginning;
The above described land referenced on Survey made by Steven P.Ford,
Illinois Professional Land Surveyor .umber 3653, dated October 21,
2024 and recorded IQ g�a as Document Number
�Ll% ?L C 1 as recorded in the Recorder's Office of Fulton
County,Illinois;
The above described land also described as follows:
A part of the Southeast Quarter of Section Number 28 in Township 7
North, Range 4 East of the Fourth Principal Meridian, Canton, Fulton
County, Illinois, bounded as follows:
From the Northeast corner of said quarter section measure South along
the East line of said quarter section 455.4 feet to a point for the place of
beginning; thence deflecting 90 degrees to the right, measure West at
right angles to the East line of said quarter section 248.8 feet; thence
deflecting 53 degrees and 30 minutes to the left, measure in a
Southwesterly direction 396 feet to the center of the public road;thence
deflecting 118 degrees and 16 minutes to the left, measure 88 feet in a
Southeasterly direction along the center line of said public road and a
steel highway bridge;thence deflecting 7 degrees and 15 minutes to the
left, measure Eastwardly 397.1 feet to the East line of said quarter
section;thence deflecting 89 degrees and 10 minutes to the left,measure
North along the East line of said quarter section 338.3 feet to the place
of beginning.
Property Identification Number(PIN): 09-08-28-406-017 AND 09-08-28-406-018
Property Address: 210 North Avenue F, Canton, Illinois 61520
Excepted from the above warranties are the 2024 general real estate taxes due and payable in 2025 and all
subsequent taxes.
Fulton County Clerk Recorder Instrument No. 2413810 Page 2 of 4
Dated: 1 U 2 S ' ,2024.
GARY SCACK
Exempt under provisions of 35 ILCS 200/31-
45ftl).
Date Buyer, Aler,Representative
STATE OF ILLINOIS )
:SS.
COUNTY OF Utvo
)
1,the undersigned,a Notary Public,in and for said County,in the State aforesaid,do hereby certify
that GARY SLACK, personally known to me to be the same person whose name is subscribed to the
foregoing instrument,appeared before me this day in person and acknowledged that he signed, sealed and
delivered this instrument as his free and voluntary act, for the uses and purposes therein set forth.
Given under my hand and notarial seal this, day of Jk, , 2024.
h d 3L��'�v
(SEAL) NOTARY PUBLIC
OFFICIAL SEAL
SHANDON D.TRONE
Notary Public-State of Hiinois
My Commission Expires 07/10 020
Fulton County Clerk Recorder Instrument No. 2413810 Page 3 of 4
1 • I
TO 09 FILED WUH THE FULTON COUNTY RECORDER OF DEEDS j
AFFIDAVIT FOR PURPOSE OF ILLINOIS PLAT ACT REQUIREMENTS I
THIS IS A LEGAL DOCUVE T—PLEASE CONSULT YOUR ATTORNEY i
(Zoning&Subdivision Ordinances Allay Also Apply)
PARCEL NUMBER: 2Y-qu&- ui -7 &, k G,e)-U� - 2-r- qO(P— vii i
Grantor or Grantors Attorney authorized representative in a deed transferring interest in the real estate described in the accompanying deed and '
further states this transfer IS EXEMPT FROM THE ILUNOIS PLAT ACT(7651LC5 205)BECAUSE OF THE FOLLOWING:
�] NOT A DIVISION OF LAND-PARCEL BOUNDARIES REMAIN UNCHANGED(The Recorder will proceed with recording the deed and no
J` further questions apply. County Plat Officer signature is NOT required. Please sign below and have notarized) f
i
❑ A DIVISION OF LAND THAT MEETS ONE OF THE FOLLOWING EXCEPTIONS - APPROVAL BY COUNTY PLAT OFFICER (OR i
DESIGNEE)IS REQUIRED ALONG WITH APPLICABLE FEE PRIOR TO RECORDING:
❑ The divisions or subdivision of land into parcels or tracts of 5 acres or more in size which does not involve any new streets or i
easements of access.
❑ The division of lots or blocks of less than 1 acre in any recorded subdivision which does not involve any new streets or easements of
access.
i
❑ The sale or exchange of parcels of land between owners of adjoining and contiguous land.
❑ The conveyance of parcels of land or interest therein for use as a right of way for railroads or other public utility facilities and other pipe
lines which does not Involve any new streets or easements of access.
i
❑ The conveyance of land for highway or other public purposes or grants or conveyances relating to the dedication of land for public use or
instruments relating to the vacation of land impressed with a public use.
❑ Conveyances made to correct descriptions in prior conveyances.
[] The sale or exchange of parcels or tracts of land follawing the division into no more than 2 parts of a particular parcel or tract of land
existing on July 17,1959 and not involving any new streets or easements of access.
❑ The sale of a single lot of less than 5 acres from a larger tract when a survey is made by an Illinois Registered Land Surveyor; provided
that this exemption shall not apply to the sale of any subsequent lots from the same larger tract of land,as determined by the dimensions
and configuration of the larger tract on October 1, 1973,and provided also that this exemption does not invalidate any local requirements
applicable to the subdivision of land.
❑ The preparation of a plat for wind energy devised under section 10-620 of the Property Tax Code.
❑ Division meets criteria for agricultural exemption
I swear to the best of my knowledge that the statements contained herein are true and correct. GrantodGrantor's Attorney further states
that this affidavit for the purpose of indicating to THE RECORDER OF DEEDS OF FULTON COUNTY,ILLINOIS,that the conveyance by the
attached instrument is within,and in compliance with,the provisions of the Illinois Plat Act.
LL(w
Name: t uL Signature: Date: i o-
Name: Signature: n , Date:
Subscribed and sworn to before me this �K day of /Y� ,20 20
OFFICIAL SEAL ,
E
ANDON D.TRONEl Public State of Illinois ission Expires 07/18/2026 Waryvmx -
Approval for State Plat Act,County Subdivision and Zorring Code Purposes: SURVEY REQUIRED FOR RECORDING: Yes❑ No❑
Fulton County Plat Officeddesignee: Date:
(NOTE: County Plat Officer signature required for properties only in the UNINCORPORATED areas of Fulton County)
Fulton County Clerk Recorder Instrument No. 2413810 Page 4 of 4
RETURN TO:
TERRILL TITLE CO., INC.
143 W. Lincoln Ave.
Lewistown, IL 61542
y'Li(cC(.
Prepared By: Ryan M. Krisher 2413 810
202 North Lafayette Street
Macomb, Illinois 61455 PATRICK O'BRIAN
COUNTY CLERK & RECORDER
Tax Bill The Cityof Canton q{I FULTON COUNTY, IL
n:C;iiy�t0-- .r`r RECORDED ON
& Return To: 2North Main Street 10/28/2024 09:44 AM
Canton, Illinois 61520 RECORDING FEE 68.00
RHSP FEE 18.00
WARRANTY DEED PAGES: 4
THE GRANTOR,
GARY SLACK,
for the consideration of One Dollar ($1.00) and
other good & valuable consideration in hand
paid, CONVEYS AND WARRANTS to
THE CITY OF CANTON, an Illinois
Municipal Corporation,
all of his interest in the following described Real Estate,
situated in the County of Fulton and State of Illinois,
to-wit:
A part of the Southeast Quarter of Section 28 in Township 7 North,
Range 4 East of the Fourth Principal Meridian, City of Canton, Fulton
County, Illinois,more particularly described as follows:
Commencing at the northeast corner of said Southeast Quarter, thence
South 00 degrees 32 minutes 11 seconds West (bearings based on
Illinois State Plane Coordinate System, NAD83 (2011) along the east
line of said Southeast Quarter 474.82 feet to the southeast corner of the
former Wallace tract as described in Quit Claim Deed recorded May 26,
1919 in Book 335, page 24, as Document No. 209332, said corner also
being the Point of Beginning of the Parcel to be described:
From the Point of Beginning, thence North 89 degrees 15 minutes 21
seconds West along the south line of said former Wallace tract 260.00
feet to an iron rod found at the most easterly corner of the A&J Raj,Inc.
tract as described in Corporate Warranty Deed recorded February 25,
2021 as Document No. 2021-094667 and as shown on two unrecorded
survey plats by Robert W. Anderson dated July 1967 as Job No. 181,
and February 15, 1994 as Job No. 3582; thence South 24 degrees 25
minutes 18 seconds West along the easterly line of said A&J Raj, Inc.
property and the extension thereof 302.90 feet to the southeast corner of
the former Finfrock tract as described in Warranty Deed recorded
December 3, 1923 in Document No. 229357 in Book 387, page 559;
Fulton County Clerk Recorder Instrument No. 2413810 Page 1 of 4
thence North 76 degrees 57 minutes 59 seconds West along the
southerly line of said former Finfrock tract 74.07 feet to the westerly
line of a tract described in Quit Claim Deed recorded April 7, 1924 as
Document No. 230985 in Book 357,page 530;thence South 37 degrees
18 minutes 09 seconds West along said westerly line 52.57 feet to the
southwest corner of said Quit Claim tract, said corner also being the
southwest corner of the Slack tract as described in Warranty Deed
recorded August 25,2000 as Document No 2000-007138;thence South
76 degrees 35 minutes 01 seconds East along the southerly line of said
Slack tract 100.14 feet to the southerly corner of said Slack tract;thence
North 89 degrees 42 minutes 27 seconds East along said southerly line
388.84 feet to said east line of the Southeast Quarter of Section 28;
thence North 00 degrees 32 minutes 11 seconds East along the east line
of said Southeast Quarter 318.81 feet to the Point of Beginning;
The above described land referenced on Survey made by Steven P.Ford,
Illinois Professional Land Surveyor I�lumber 3653, dated October 21,
2024 and recorded 10 S Ia as Document Number
Dy% as recorded in the Recorder's Office of Fulton
County, Illinois;
The above described land also described as follows:
A part of the Southeast Quarter of Section Number 28 in Township 7
North, Range 4 East of the Fourth Principal Meridian, Canton, Fulton
County, Illinois,bounded as follows:
From the Northeast corner of said quarter section measure South along
the East line of said quarter section 455.4 feet to a point for the place of
beginning; thence deflecting 90 degrees to the right, measure West at
right angles to the East line of said quarter section 248.8 feet; thence
deflecting 53 degrees and 30 minutes to the left, measure in a
Southwesterly direction 396 feet to the center of the public road;thence
deflecting 118 degrees and 16 minutes to the left, measure 88 feet in a
Southeasterly direction along the center line of said public road and a
steel highway bridge; thence deflecting 7 degrees and 15 minutes to the
left, measure Eastwardly 397.1 feet to the East line of said quarter
section;thence deflecting 89 degrees and 10 minutes to the left,measure
North along the East line of said quarter section 338.3 feet to the place
of beginning.
Property Identification Number(PIN): 09-08-28-406-017 AND 09-08-28-406-018
Property Address: 210 North Avenue F, Canton, Illinois 61520
Excepted from the above warranties are the 2024 general real estate taxes due and payable in 2025 and all
subsequenttaxes.
Fulton County Clerk Recorder Instrument No. 2413810 Page 2 of 4
Dated: U-N- 6tk Z S ' 92024.
..'d)J-.e A— :10
GARY S ACK
Exempt under provisions of 35 ILCS 200/31-
45ft1).
10
Date Buyer,Aler,Representative
S
STATE OF ILLINOIS )
.}� :SS.
COUNTY OF
1,the undersigned,a Notary Public,in and for said County,in the State aforesaid,do hereby certify
that GARY SLACK, personally known to me to be the same person whose name is subscribed to the
foregoing instrument,appeared before me this day in person and acknowledged that he signed, sealed and
delivered this instrument as his free and voluntary act, for the uses and purposes therein set forth.
Given under my hand and notarial seal this, day of 'lam ,2024.
016AM ]�) 64xk-.�
(SEAL) NOTARY PUBLIC
OFFICIAL SEAL
E
ANDON D.TRONE
Public-State of Niinois
Wion Explres 07/18/2026
Fulton County Clerk Recorder Instrument No. 2413810 Page 3 of 4
' � 1
TO BE FILED WITH THE FULTON COUNTY RECORDER OF DEEDS
AFFIDAVIT FOR PURPOSE OF ILLINOIS PLAT ACT REQUIREMENTS ,
THIS IS A LEGAL DOCU3Sff-PLEASE CONSULT YOUR ATTORNEY i
(Zoning&Subdivision 0dinanoss May Also Apply)
PARCEL NUMBER: -OX-2Y-qU(o Ui -7 G 0q,08 - 2k-
Grantor or Grantor's Attorney authorized representative in a deed transferring interest in the real estate described in the accompanying deed and !
further states this transfer IS EXEMPT FROM THE ILLINOIS PLAT ACT(765 ILCS 205)BECAUSE OF THE FOLLOWING:
�] NOT A DIVISION OF LAND-PARCEL BOUNDARIES REMAIN UNCHANGED(The Recorder will proceed with recording the deed and no
further questions apply. County Plat Officer signature Is NOT required. Please sign below and have notarized)
❑ A DIVISION OF LAND THAT MEETS ONE OF THE FOLLOWING EXCEPTIONS - APPROVAL BY COUNTY PLAT OFFICER (OR
I
DESIGNEE)IS REQUIRED ALONG WITH APPLICABLE FEE PRIOR TO RECORDING:
❑ The divisions or subdivision of land into parcels or tracts of 5 acres or more in size which does not involve any new streets or
easements of access.
i
❑ The division of lots or blocks of less than 1 acre in any recorded subdivision which does not involve any new streets or easements of
access.
❑ The sale or exchange of parcels of land between owners of adjoin iq and contiguous land. I.
❑ The conveyance of parcels of land or interest therein for use as a right of way for railroads or other public utility facilities and other pipe
lines which does not involve any new streets or easements of access. j
i
❑ The conveyance of land for highway or other public purposes or grants or conveyances relating to the dedication of land for public use or
instruments relating to the vacation of land impressed with a public use.
❑ Conveyances made to correct descriptions in prior conveyances.
❑ The sale or exchange of parcels or tracts of land following the division into no more than 2 parts of a particular parcel or tract of land
existing on July 17,1959 and not involving any new streets or easements of access.
❑ The sale of a single lot of less than 5 acres from a larger tract when a survey is made by an Illinois Registered Land Surveyor-,provided
that this exemption shall not apply to the sale of any subsequent lots from the same larger tract of land,as determined by the dimensions
and configuration of the larger tract on October 1, 1973,and provided also that this exemption does not invalidate any local requirements
applicable to the subdivision of land.
❑ The preparation of a plat for wind energy devised under section 10-620 of the Property Tax Code.
❑ Division meets criteria for agricultural exemption
I swear to the best of my knowledge that the statements contained herein are true and correct. GrantorlGrantor's Attorney further states
that this affidavit for the purpose of indicating to THE RECORDER OF DEEDS OF FULTON COUNTY,ILLINOIS,that the conveyance by the
attached instrument is within,and in compliance with,the provisions of the Illinois Plat Act.
LName: V, ( uL Signature: Date:_ i o- _'2
Name: Signature: Date:
Subscribed and sworn to before me this day of lX / 20
OFFICIAL SEAL ,
E
ANDON D.TRONE Public-State of Illinois
ission Expires 07/18/2028 wa�P%*k -
Approval for State Plat Act,County Subdivision and Zoning Code Purposes: SURVEY REQURED FOR RECORDING: Yes❑ No❑
Fulton County Plat Officerldesignee: Date:
(NOTE: County Plat Officer signature required for properties only in the UNINCORPORATED areas of Fulton County)
Fulton County Clerk Recorder Instrument No. 2413810 Page 4 of 4
ALTA OWNER'S POLICY OF TITLE INSURANCE
** * ** Policy Number OY-08385301 File Number:44606
* * Issued by OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
** ** This policy,when issued by the Company with a Policy Number and the Date of Policy,is valid even
if this policy or any endorsement to this policy is issued electronically or lacks any signature.
Any notice of claim and any other notice or statement in writing required to be given to the Company
under this policy must be given to the Company at the address shown in Condition 17.
COVERED RISKS
SUBJECT TO THE EXCLUSIONS FROM COVERAGE,THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B,AND THE
CONDITIONS,Old Republic National Title Insurance Company,a Florida corporation(the"Company"),insures as of the Date of Policy and,to the
extent stated in Covered Risks 9 and 10,after the Date of Policy,against loss or damage,not exceeding the Amount of Insurance,sustained or
incurred by the Insured by reason of:
1. The Title being vested other than as stated in Schedule A.
2. Any defect in or lien or encumbrance on the Title.Covered Risk 2 includes,but is not limited to,insurance against loss from:
a. a defect in the Title caused by:
i. forgery,fraud,undue influence,duress,incompetency,incapacity,or impersonation;
ii. the failure of a person or Entity to have authorized a transfer or conveyance;
iii, a document affecting the Title not properly authorized,created,executed,witnessed,sealed,acknowledged,notarized
(including by remote online notarization),or delivered;
iv. a failure to perform those acts necessary to create a document by electronic means authorized by law;
v. a document executed under a falsified,expired,or otherwise invalid power of attorney;
vi. a document not properly filed,recorded,or indexed in the Public Records,including the failure to have performed those acts
by electronic means authorized by law;
vii. a defective judicial or administrative proceeding;or
viii. the repudiation of an electronic signature by a person that executed a document because the electronic signature on the
document was not valid under applicable electronic transactions law.
b. the lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable,but unpaid.
c. the effect on the Title of an encumbrance,violation,variation,adverse circumstance,boundary line overlap,or encroachment
(including an encroachment of an improvement across the boundary lines of the Land),but only if the encumbrance,violation,
variation,adverse circumstance,boundary line overlap,or encroachment would have been disclosed by an accurate and complete
land title survey of the Land.
Policy Issuer: OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
WEST STATE TITLE COMPANY A Stock Company
226 W.STATE STREET
JACKSONVILLE,IL 62650 1408 North Westshore Blvd.,Suite 900, Tampa,Florida 33607
PHONE:(217)243-7432
(612)371-1111 www.oldrepublictitle.com
By 117 President
4,117
Attest Secretary
Authorized Officer or Agent
ORT Form 4765
ALTA Owner's Policy of Title Insurance 2021 v.01.00
0710112021
3. Unmarketable Title.
4. No right of access to and from the Land..
5. A violation or enforcement of a law,ordinance,permit,or governmental regulation(including those relating to building and zoning),but only to
the extent of the violation or enforcement described by the enforcing governmental authority in an Enforcement Notice that identifies a
restriction,regulation,or prohibition relating to:
a. the occupancy,use,or enjoyment of the Land;
b. the character,dimensions,or location of an improvement on the Land;
c. the subdivision of the Land;or
d. environmental remediation or protection on the Land.
6. An enforcement of a governmental forfeiture,police,regulatory,or national security power,but only to the extent of the enforcement described
by the enforcing governmental authority in an Enforcement Notice.
7. An exercise of the power of eminent domain,but only to the extent:
a. of the exercise described in an Enforcement Notice;or
b. the taking occurred and is binding on a purchaser for value without Knowledge.
8. An enforcement of a PACA-PSA Trust,but only to the extent of the enforcement described in an Enforcement Notice.
9. The Title being vested other than as stated in Schedule A,the Title being defective,or the effect of a court order providing an alternative
remedy:
a. resulting from the avoidance,in whole or in part,of any transfer of all or any part of the Title to the Land or any interest in the Land
occurring prior to the transaction vesting the Title because that prior transfer constituted a:
i. fraudulent conveyance,fraudulent transfer,or preferential transfer under federal bankruptcy,state insolvency,or similar
state or federal creditors'rights law;or
ii. voidable transfer under the Uniform Voidable Transactions Act;or
b. because the instrument vesting the Title constitutes a preferential transfer under federal bankruptcy,state insolvency,or similar state
or federal creditors'rights law by reason of the failure:
i. to timely record the instrument vesting the Title in the Public Records after execution and delivery of the instrument to the
Insured;or
ii. of the recording of the instrument vesting the Title in the Public Records to impart notice of its existence to a purchaser for
value or to a judgment or lien creditor.
10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached or
has been filed or recorded in the Public Records subsequent to the Date of Policy and prior to the recording of the deed or other instrument
vesting the Title in the Public Records.
DEFENSE OF COVERED CLAIMS
The Company will also pay the costs,attorneys'fees,and expenses incurred in defense of any matter insured against by this policy,but only to the
extent provided in the Conditions.
EXCLUSIONS FROM COVERAGE
The following matters are excluded from the coverage of this policy,and the Company will not pay loss or damage,costs,attorneys'fees,or
expenses that arise by reason of:
1. a. any law,ordinance,permit,or governmental regulation(including those relating to building and zoning)that restricts,regulates,
prohibits,or relates to:
i. the occupancy,use,or enjoyment of the Land;
ii. the character,dimensions,or location of any improvement on the Land;
iii. the subdivision of land;or
iv. environmental remediation or protection.
b. any governmental forfeiture,police,regulatory,or national security power.
c. the effect of a violation or enforcement of any matter excluded under Exclusion 1.a.or 1.b.
Exclusion 1 does not modify or limit the coverage provided under Covered Risk 5 or 6.
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2. Any power of eminent domain.Exclusion 2 does not modify or limit the coverage provided under Covered Risk 7.
3. Any defect,lien,encumbrance,adverse claim,or other matter:
a. created,suffered,assumed,or agreed to by the Insured Claimant;
b. not Known to the Company,not recorded in the Public Records at the Date of Policy,but Known to the Insured Claimant 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 no loss or damage to the Insured Claimant;
d. attaching or created subsequent to the Date of Policy(Exclusion 3.d.does not modify or limit the coverage provided under Covered
Risk 9 or 10);or
e. resulting in loss or damage that would not have been sustained if consideration sufficient to qualify the Insured named in Schedule A
as a bona fide purchaser had been given for the Title at the Date of Policy.
4. Any claim,by reason of the operation of federal bankruptcy,state insolvency,or similar creditors'rights law,that the transaction vesting the
Title as shown in Schedule A is a:
a. fraudulent conveyance or fraudulent transfer;
b. voidable transfer under the Uniform Voidable Transactions Act;or
c. preferential transfer:
i. to the extent the instrument of transfer vesting the Title as shown in Schedule A is not a transfer made as a
contemporaneous exchange for new value;or
ii. for any other reason not stated in Covered Risk 9.b.
5. Any claim of a PACA-PSA Trust.Exclusion 5 does not modify or limit the coverage provided under Covered Risk 8.
6. Any lien on the Title for real estate taxes or assessments imposed or collected by a governmental authority that becomes due and payable
after the Date of Policy. Exclusion 6 does not modify or limit the coverage provided under Covered Risk 2.b.
7. Any discrepancy in the quantity of the area,square footage,or acreage of the Land or of any improvement to the Land.
CONDITIONS
1. DEFINITION OF TERMS
In this policy,the following terms have the meanings given to them below.Any defined term includes both the singular and the plural,as the
context requires:
a. "Affiliate":An Entity:
i. that is wholly owned by the Insured;
ii. that wholly owns the Insured;or
iii. if that Entity and the Insured are both wholly owned by the same person or entity.
b. "Amount of Insurance":The Amount of Insurance stated in Schedule A,as may be increased by Condition 8.d.or decreased by
Condition 10 or 11;or increased or decreased by endorsements to this policy.
c. "Date of Policy":The Date of Policy stated in Schedule A.
d. "Discriminatory Covenant":Any covenant,condition,restriction,or limitation that is unenforceable under applicable law because it
illegally discriminates against a class of individuals based on personal characteristics such as race,color,religion,sex,sexual
orientation,gender identity,familial status,disability,national origin,or other legally protected class.
e. "Enforcement Notice":A document recorded in the Public Records that describes any part of the Land and:
i. is issued by a governmental agency that identifies a violation or enforcement of a law,ordinance,permit,or governmental
regulation;
ii. is issued by a holder of the power of eminent domain or a governmental agency that identifies the exercise of a
governmental power;or
iii. asserts a right to enforce a PACA-PSA Trust.
f. "Entity":A corporation,partnership,trust,limited liability company,or other entity authorized by law to own title to real property in the
State where the Land is located.
g. "Insured":
i. (a) The Insured named in Item 1 of Schedule A;
(b). the successor to the Title of an Insured by operation of law as distinguished from purchase,including heirs,
devisees,survivors,personal representatives,or next of kin;
(c). the successor to the Title of an Insured resulting from dissolution,merger,consolidation,distribution,or
reorganization;
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(d). the successor to the Title of an Insured resulting from its conversion to another kind of Entity;or
(e). the grantee of an Insured under a deed or other instrument transferring the Title,if the grantee is:
(1) an Affiliate;
(2) a trustee or beneficiary of a trust created by a written instrument established for estate planning
purposes by an Insured;
(3) a spouse who receives the Title because of a dissolution of marriage;
(4) a transferee by a transfer effective on the death of an Insured as authorized by law;or
(5) another Insured named in Item 1 of Schedule A.
ii. The Company reserves all rights and defenses as to any successor or grantee that the Company would have had against
any predecessor Insured.
h. "Insured Claimant":An Insured claiming loss or damage arising under this policy.
i. "Knowledge"or"Known":Actual knowledge or actual notice,but not constructive notice imparted by the Public Records.
j. "Land":The land described in Item 4 of Schedule A and improvements located on that land at the Date of Policy that by State law
constitute real property.The term"Land"does not include any property beyond that described in Schedule A,nor any right,title,
interest,estate,or easement in any abutting street,road,avenue,alley,lane,right-of-way,body of water,or waterway,but does not
modify or limit the extent that a right of access to and from the Land is insured by this policy.
k. "Mortgage":A mortgage,deed of trust,trust deed,security deed,or other real property security instrument,including one evidenced
by electronic means authorized by law.
I. "PACA-PSA Trust":A trust under the federal Perishable Agricultural Commodities Act or the federal Packers and Stockyards Act or a
similar State or federal law.
m. "Public Records":The recording or filing system established under State statutes in effect at the Date of Policy under which a
document must be recorded or filed to impart constructive notice of matters relating to the Title to a purchaser for value without
Knowledge.The term"Public Records"does not include any other recording or filing system,including any pertaining to
environmental remediation or protection,planning,permitting,zoning,licensing,building,health,public safety,or national security
matters.
n. "State":The state or commonwealth of the United States within whose exterior boundaries the Land is located.The term"State"also
includes the District of Columbia,the Commonwealth of Puerto Rico,the U.S.Virgin Islands,and Guam.
o. "Title":The estate or interest in the Land identified in Item 2 of Schedule A.
p. "Unmarketable Title":The Title affected by an alleged or apparent matter that would permit a prospective purchaser or lessee of the
Title or a 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. CONTINUATION OF COVERAGE
This policy continues as of the Date of Policy in favor of an Insured,so long as the Insured:
a. retains an estate or interest in the Land;
b. owns an obligation secured by a purchase money Mortgage given by a purchaser from the Insured;or
c. has liability for warranties given by the Insured in any transfer or conveyance of the Insured's Title.
Except as provided in Condition 2,this policy terminates and ceases to have any further force or effect after the Insured conveys the
Title.This policy does not continue in force or effect in favor of any person or entity that is not the Insured and acquires the Title or an
obligation secured by a purchase money Mortgage given to the Insured.
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT
The Insured must notify the Company promptly in writing if the Insured has Knowledge of:
a. any litigation or other matter for which the Company may be liable under this policy;or
b. any rejection of the Title 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 this policy is reduced to the extent of the prejudice.
4. PROOF OF LOSS
The Company may,at its option,require as a condition of payment that the Insured Claimant furnish a signed proof of loss.The proof of loss
must describe the defect,lien,encumbrance,adverse claim,or other matter insured against by this policy that constitutes the basis of loss or
damage and must state,to the extent possible,the basis of calculating the amount of the loss or damage.
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5. DEFENSE AND PROSECUTION OF ACTIONS
a. Upon written request by the Insured and subject to the options contained in Condition 7,the Company,at its own cost and without
unreasonable delay,will provide for the defense of an Insured in litigation in which any third party asserts a claim covered by this
policy adverse to the Insured.This obligation is limited to only those stated causes of action alleging matters insured against by this
policy.The Company has 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 covered causes of action.The Company is not liable for and will not pay the fees of any other
counsel.The Company will not pay any fees,costs,or expenses incurred by the Insured in the defense of any cause of action that
alleges matters not insured against by this policy.
b. The Company has the right,in addition to the options contained in Condition 7,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
is liable to the Insured.The Company's exercise of these rights is not an admission of liability or waiver of any provision of this policy.
If the Company exercises its rights under Condition 5.b.,it must do so diligently.
c. When 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 having jurisdiction.The Company reserves the right,in its sole discretion,to appeal any
adverse judgment or order.
6. DUTY OF INSURED CLAIMANT TO COOPERATE
a. When this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding and any
appeals,the Insured will secure to the Company the right to 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.
When requested by the Company,the Insured,at the Company's expense,must give the Company all reasonable aid in:
i, securing evidence,obtaining witnesses,prosecuting or defending the action or proceeding,or effecting settlement;and
ii. 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 any failure of the Insured to furnish the required cooperation,the Company's liability and obligations
to the Insured under this policy terminate,including any obligation to defend, prosecute,or continue any litigation,regarding the
matter 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,at such reasonable times and places as may be designated by
the authorized representative of the Company,all records,in whatever medium maintained,including books,ledgers,checks,
memoranda,correspondence,reports,e-mails,disks,tapes,and videos,whether bearing a date before or after the Date of Policy,
that reasonably pertain to the loss or damage.Further,if requested by any authorized representative of the Company,the Insured
Claimant must grant its permission,in writing,for any authorized representative of the Company to examine,inspect,and copy all the
records in the custody or control of a third party that reasonably pertain to the loss or damage.No information designated in writing as
confidential by the Insured Claimant provided to the Company pursuant to Condition 6 will be later disclosed to others unless,in the
reasonable judgment of the Company,disclosure is necessary in the administration of the claim or required by law.Any failure of the
Insured Claimant to submit for examination under oath,produce any reasonably requested information,or grant permission to secure
reasonably necessary information from third parties as required in Condition 6.b.,unless prohibited by law,terminates any liability of
the Company under this policy as to that claim.
7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS;TERMINATION OF LIABILITY
In case of a claim under this policy,the Company has the following additional options:
a. To Pay or Tender Payment of the Amount of Insurance
To pay or tender payment of the Amount of Insurance 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 of payment or tender of payment
and that the Company is obligated to pay.
Upon the exercise by the Company of this option provided for in Condition 7.a.,the Company's liability and obligations to the Insured
under this policy terminate,including any 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. To pay or otherwise settle with parties other than the Insured for or in the name of the Insured Claimant. 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 of payment and that the Company is obligated to pay;or
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ii. To pay or otherwise settle with the Insured Claimant the loss or damage provided for 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 of payment and that the Company is obligated to pay.
Upon the exercise by the Company of either option provided for in Condition 7.b.,the Company's liability and obligations to the Insured
under this policy for the claimed loss or damage terminate,including any obligation to defend,prosecute,or continue any litigation.
8. CONTRACT OF INDEMNITY; DETERMINATION AND EXTENT OF LIABILITY
This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by an Insured Claimant who has suffered
loss or damage by reason of matters insured against by this policy.This policy is not an abstract of the Title,report of the condition of the Title,
legal opinion,opinion of the Title,or other representation of the status of the Title.All claims asserted under this policy are based in contract
and are restricted to the terms and provisions of this policy.The Company is not liable for any claim alleging negligence or negligent
misrepresentation arising from or in connection with this policy or the determination of the insurability of the Title.
a. The extent of liability of the Company for loss or damage under this policy does not exceed the lesser of:
i. the Amount of Insurance;or
ii. the difference between the fair market value of the Title,as insured,and the fair market value of the Title subject to the
matter insured against by this policy.
b. Except as provided in Condition 8.c.or 8.d.,the fair market value of the Title in Condition 8.a.ii. is calculated using the date the
Insured discovers the defect,lien,encumbrance,adverse claim,or other matter insured against by this policy.
c. If,at the Date of Policy,the Title to all of the Land is void by reason of a matter insured against by this policy,then the Insured
Claimant may,by written notice given to the Company,elect to use the Date of Policy as the date for calculating the fair market value
of the Title in Condition 8.a.ii.
d. If the Company pursues its rights under Condition 5.b.and is unsuccessful in establishing the Title,as insured:
i. the Amount of Insurance will be increased by 15%;and
ii. the Insured Claimant may,by written notice given to the Company,elect,as an alternative to the dates set forth in Condition
8.b.or,if it applies,8.c.,to use either the date the settlement,action,proceeding,or other act described in Condition 5.b.is
concluded or the date the notice of claim required by Condition 3 is received by the Company as the date for calculating the
fair market value of the Title in Condition 8.a.ii.
e. In addition to the extent of liability for loss or damage under Conditions 8.a.and 8.d.,the Company will also pay the costs,attorneys'
fees,and expenses incurred in accordance with Conditions 5 and 7.
9. LIMITATION OF LIABILITY
a. The Company fully performs its obligations and is not liable for any loss or damage caused to the Insured if the Company
accomplishes any of the following in a reasonable manner:
i. removes the alleged defect,lien,encumbrance,adverse claim,or other matter;
ii. cures the lack of a right of access to and from the Land;or
iii. cures the claim of Unmarketable Title,
all as insured.The Company may do so by any method,including litigation and the completion of any appeals.
b. The Company is not liable for loss or damage arising out of any litigation,including litigation by the Company or with the Company's
consent,until a State or federal court having jurisdiction makes a final,non-appealable determination adverse to the Title.
c. The Company is not liable for loss 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.
d. The Company is not liable for the content of the Transaction Identification Data,if any.
10. REDUCTION OR TERMINATION OF INSURANCE
All payments under this policy,except payments made for costs,attorneys'fees,and expenses,reduce the Amount of Insurance by the
amount of the payment.
11. LIABILITY NONCUMULATIVE
The Amount of Insurance will be reduced by any amount the Company pays under any policy insuring a Mortgage to which exception is taken
in Schedule B or to which the Insured has agreed,assumed,or taken subject,or which is executed by an Insured after the Date of Policy and
which is a charge or lien on the Title,and the amount so paid will be deemed a payment to the Insured under this policy.
12. PAYMENT OF LOSS
When liability and the extent of loss or damage are determined in accordance with the Conditions,the Company will pay the loss or damage
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within 30 days.
13. COMPANY'S RECOVERY AND SUBROGATION RIGHTS UPON SETTLEMENT AND PAYMENT
a. If the Company settles and pays a claim under this policy,it is subrogated and entitled to the rights and remedies 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,entity,
or property to the fullest extent permitted by law,but limited to the amount of any loss,costs,attorneys'fees,and expenses paid by
the Company.If requested by the Company,the Insured Claimant must execute documents to transfer these rights and remedies to
the Company.The Insured Claimant permits the Company to sue,compromise,or settle in the name of the Insured Claimant and to
use the name of the Insured Claimant in any transaction or litigation involving these rights and remedies.
b. If a payment on account of a claim does not fully cover the loss of the Insured Claimant,the Company defers the exercise of its
subrogation right until after the Insured Claimant fully recovers its loss.
c. The Company's subrogation right includes the Insured's rights to indemnity,guaranty,warranty,insurance policy,or bond,despite any
provision in those instruments that addresses recovery or subrogation rights.
14. POLICY ENTIRE CONTRACT
a. This policy together with all endorsements,if any,issued by the Company is the entire policy and contract between the Insured and
the Company.In interpreting any provision of this policy,this policy will be construed as a whole.This policy and any endorsement to
this policy may be evidenced by electronic means authorized by law.
b. Any amendment of this policy must be by a written endorsement issued by the Company.To the extent any term or provision of an
endorsement is inconsistent with any term or provision of this policy,the term or provision of the endorsement controls. Unless the
endorsement expressly states,it does not:
i. modify any prior endorsement,
ii. extend the Date of Policy,
iii. insure against loss or damage exceeding the Amount of Insurance,or
iv. increase the Amount of Insurance.
15. SEVERABILITY
In the event any provision of this policy,in whole or in part,is held invalid or unenforceable under applicable law,this policy will be deemed not
to include that provision or the part held to be invalid,but all other provisions will remain it full force and effect.
16. CHOICE OF LAW AND CHOICE OF FORUM
a. Choice of Law
The Company has underwritten the risks covered by this policy and determined the premium charged in reliance upon the State law
affecting interests in real property and the State law applicable to the interpretation,rights,remedies,or enforcement of policies of title
insurance of the State where the Land is located.
The State law of the State where the Land is located,or to the extent it controls,federal law,will determine the validity of claims
against the Title and the interpretation and enforcement of the terms of this policy,without regard to 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 having
jurisdiction.
17. NOTICES
Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be given to the
Company at: 1408 North Westshore Boulevard,Suite 900,Tampa, Florida 33607.
18. CLASS ACTION
ALL CLAIMS AND DISPUTES ARISING OUT OF OR RELATING TO THIS POLICY,INCLUDING ANY SERVICE OR OTHER MATTER IN
CONNECTION WITH ISSUING THIS POLICY,ANY BREACH OF A POLICY PROVISION,OR ANY OTHER CLAIM OR DISPUTE ARISING
OUT OF OR RELATING TO THE TRANSACTION GIVING RISE TO THIS POLICY,MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY.
NO PARTY MAY SERVE AS PLAINTIFF,CLASS MEMBER,OR PARTICIPANT IN ANY CLASS, REPRESENTATIVE,OR PRIVATE
ATTORNEY GENERAL PROCEEDING.
19. ARBITRATION
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a. All claims and disputes arising out of or relating to this policy,including any service or other matter in connection with issuing this
policy,any breach of a policy provision,or any other claim or dispute arising out of or relating to the transaction giving rise to this
policy,may be resolved by arbitration.If the Amount of Insurance is$2,000,000 or less,any claim or dispute may be submitted to
binding arbitration at the election of either the Company or the Insured.If the Amount of Insurance is greater than$2,000,000,any
claim or dispute may be submitted to binding arbitration only when agreed to by both the Company and the Insured.Arbitration must
be conducted pursuant to the Title Insurance Arbitration Rules of the American Land Title Association("ALTA Rules").The ALTA
Rules are available online at www.alta.org/arbitration.The ALTA Rules incorporate,as appropriate to a particular dispute,the
Consumer Arbitration Rules and Commercial Arbitration Rules of the American Arbitration Association("AAA Rules").The AAA Rules
are available online at www.adr.org.
b. ALL CLAIMS AND DISPUTES MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY.NO PARTY MAY SERVE AS PLAINTIFF,
CLASS MEMBER,OR PARTICIPANT IN ANY CLASS,REPRESENTATIVE,OR PRIVATE ATTORNEY GENERAL PROCEEDING
IN ANY ARBITRATION GOVERNED BY CONDITION 19.The arbitrator does not have authority to conduct any class action
arbitration,private attorney general arbitration,or arbitration involving joint or consolidated claims under any circumstance.
c. If there is a final judicial determination that a request for particular relief cannot be arbitrated in accordance with this Condition 19,
then only that request for particular relief may be brought in court.All other requests for relief remain subject to this Condition 19.
d. The Company will pay all AAA filing,administration,and arbitrator fees of the consumer when the arbitration seeks relief of$100,000
or less.Other fees will be allocated in accordance with the applicable AAA Rules.The results of arbitration will be binding upon the
parties.The arbitrator may consider,but is not bound by,rulings in prior arbitrations involving different parties.The arbitrator is bound
by rulings in prior arbitrations involving the same parties to the extent required by law.The arbitrator must issue a written decision
sufficient to explain the findings and conclusions on which the award is based.Judgment upon the award rendered by the arbitrator
may be entered in any State or federal court having jurisdiction.
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Transaction Identification Data,for which the Company assumes no liability as set forth in Condition 9.d.:
Issuing Agent: West State Title Company dba Terrill Title Co.,Inc.
Issuing Office: 143 W.Lincoln Ave.,Lewistown,IL 61542
Issuing Offiice's ALTA®Registry ID: 0001000
Issuing Office File Number: 44606
Property Address: 210 N.Ave.F,Canton,IL 61520
SCHEDULE A
OWNERS POLICY
Name and Address of Title Insurance Company: OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
1410 N.Westshore Blvd,Suite 800,Tampa, 33607
Policy Number:OV08385301
Amount of Insurance:$65,000.00
Date of Policy:October 28,2024,at 09:44:00am
1. The Insured is:
The City of Canton,an Illinois Municipal Corporation
2. The estate or interest in the Land insured by this policy is:
Fee Simple
3. The Title is vested in:
The City of Canton,an Illinois Municipal Corporation
4. The Land is described as follows:
SEE ATTACHED EXHIBIT"A"
(2� z�
By: e
Authorized Signatory
Name West State Title Company dba Terrill Title Co.,Inc.
Address 143 W.Lincoln Ave.,Lewistown,IL 61542
Phone Number 309-547-7280
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Policy Number: OY08385301
File Number: 44606
EXHIBIT "A"
A part of the Southeast Quarter of Section 28 in Township 7 North,Range 4 East of the Fourth Principal Meridian,City of
Canton,Fulton County,Illinois,more particularly described as follows:
Commencing at the northeast corner of said Southeast Quarter,thence South 00 degrees 32 minutes 11 seconds West(bearings
based on Illinois State Plane Coordinate System,NAD83(2011)along the east line of said Southeast Quarter 474.82 feet to the
southeast corner of the former Wallace tract as described in Quit Claim Deed recorded May 26, 1919 in Book 335,page 24,as
Document No.209332,said corner also being the Point of Beginning of the Parcel to be described:
From the Point of Beginning,thence North 89 degrees 15 minutes 21 seconds West along the south line of said former Wallace
tract 260.00 feet to an iron rod found at the most easterly corner of the A&J Raj, Inc.tract as described in Corporate
Warranty Deed recorded February 25,2021 as Document No.2021-094667 and as shown on two unrecorded survey plats by
Robert W.Anderson dated July 1967 as Job No. 181,and February 15, 1994 as Job No.3582;thence South 24 degrees 25
minutes 18 seconds West along the easterly line of said A&J Raj, Inc.property and the extension thereof 302.90 feet to the
southeast corner of the former Finfrock tract as described in Warranty Deed recorded December 3, 1923 in Document No.
229357 in Book 387,page 559;thence North 76 degrees 57 minutes 59 seconds West along the southerly line of said former
Finfrock tract 74.07 feet to the westerly line of a tract described in Quit Claim Deed recorded April 7, 1924 as Document No.
230985 in Book 357,page 530;thence South 37 degrees 18 minutes 09 seconds West along said westerly line 52.57 feet to the
southwest corner of said Quit Claim tract,said corner also being the southwest corner of the Slack tract as described in
Warranty Deed recorded August 25,2000 as Document No 2000-007138;thence South 76 degrees 35 minutes 01 seconds East
along the southerly line of said Slack tract 100.14 feet to the southerly corner of said Slack tract; thence North 89 degrees 42
minutes 27 seconds East along said southerly line 388.84 feet to said east line of the Southeast Quarter of Section 28;thence
North 00 degrees 32 minutes 11 seconds East along the east line of said Southeast Quarter 318.81 feet to the Point of
Beginning;
The above described land referenced on Survey made by Steven P. Ford,Illinois Professional Land Surveyor Number 3653,
dated October 21,2024 and recorded October 28,2024 as Document Number 2413807 as recorded in the Recorder's Office of
Fulton County, Illinois;
The above described land also described as follows:
A part of the Southeast Quarter of Section Number 28 in Township 7 North,Range 4 East of the Fourth Principal Meridian,
Canton,Fulton County,Illinois,bounded as follows:
From the Northeast corner of said quarter section measure South along the East line of said quarter section 455.4 feet to a
point for the place of beginning; thence deflecting 90 degrees to the right,measure West at right angles to the East line of said
quarter section 248.8 feet;thence deflecting 53 degrees and 30 minutes to the left,measure in a Southwesterly direction 396
feet to the center of the public road;thence deflecting 118 degrees and 16 minutes to the left,measure 88 feet in a
Southeasterly direction along the center line of said public road and a steel highway bridge; thence deflecting 7 degrees and 15
minutes to the left,measure Eastwardly 397.1 feet to the East line of said quarter section; thence deflecting 89 degrees and 10
minutes to the left,measure North along the East line of said quarter section 338.3 feet to the place of beginning.
y
SCHEDULE B
OWNERS POLICY
Policy Number: OY08385301
File Number: 44606
EXCEPTIONS FROM COVERAGE
Some historical land records contain Discriminatory Covenants that are illegal and unenforceable by law.This policy treats
any Discriminatory Covenant in a document referenced in Schedule B as if each Discriminatory Covenant is redacted,
repudiated, removed, and not republished or recirculated. Only the remaining provisions of the document are excepted from
coverage.
This policy does not insure against loss or damage and the Company will not pay costs, attorneys'fees,or expenses resulting from the
terms and conditions of any lease or easement identified in Schedule A,and the following matters:
1. Rights or claims of parties in possession not shown by the public records.
2. Easements or claims of easements,not shown by the Public Records.
3. Any encroachment,encumbrance,violation,variation, or adverse circumstance affecting the Title that would be disclosed by
an accurate survey of the Land pursuant to the"Minimum Standards of Practice," 68 III.Admin Code, Sec. 1270.56(b)(6)(P)
for residential property or the ALTAMSPS° land title survey standards for commercial/industrial property.
4. 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.
5. Taxes,or special assessments,if any,not shown as existing liens by the Public Records.
6. Any defect, lien,encumbrance, adverse claim, or other matter that appears for the first time in the Public Records or is
created,attaches, or is disclosed between the Commitment Date and the date on which all of the Schedule B, Part
I—Requirements are met.
7. No search has been made for filings under the Uniform Commercial Code except for the County or Counties where the Land
is located and we find none of record unless shown on Schedule B. (NOTE: We do not search for State UCC filings.)
8. Rights of the Public,the State of Illinois,the County,the Township and the municipality in and to that part of the premises in
question taken,used or dedicated for roads or highways.
ORT Form 4765E
Schedule B—ALTA Owners Policy 2021 v 01.00
07/01/2021
Policy Number: OY08385301
File Number: 44606
9. All assessments and taxes for the year 2024 and all subsequent years which area lien although not yet due
and payable.
Tax I.D.#09-08-28-406-017.
Tax I.D.#09-08-28-406-018.
10. Rights of way for drainage ditches,drain tile,feeders, laterals and underground pipes, not shown of record.
11. Easement granted to Central Illinois Public Service Company recorded December 24, 1945 in Book 525 at
page 382 as Document#307534.
12. Easement granted to Ameren Illinois Company d/b/a Ameren Illinois dated February 23, 2015 and recorded
April 29,2015 as Document#1564991.
13. Easement granted to City of Canton dated September 18, 1984 and recorded January 7, 1985 in Book 968 at
page 149 as Document#85-10062.
14. Possible boundary line overlaps as disclosed on Survey made by Steven P. Ford, Illinois Professional Land
Surveyor Number 3653,dated October 21,2024 and recorded October 28,2024 as Document Number
2413807.
End of Schedule B
ORT Form 4765E
Schedule B—ALTA Owners Policy 2021 v 01.00
07/01/2021