Alta Commitment Form Eff. 8 16¶
| Field | Value |
|---|---|
| Category | Title |
| Confidence | high |
| Reason | ALTA title insurance commitment document for property 2746 Grove Street NE |
| Original File | alta-commitment-form-eff.-8-16.docx |
| File Type | DOCX |
Document Text
ALTA Commitment Form COMMITMENT FOR TITLE INSURANCE Issued by
Transaction Identification Data for reference only: Issuing Agent: McLain & Merritt - Alpharetta Litigation Issuing Office: 11625 Rainwater Drive, Suite 120, Alpharetta, GA 30004 Loan ID Number: Commitment Number: 2248857 Issuing Office File Number: Stewart/Zeeman-37419 Property Address: 2746 Grove Street NE, Atlanta, GA 30319 Rev. Number: Exam Date: January 18, 2022 SCHEDULE A Effective Date: January 05, 2022 Policy or Policies to be issued: Amount ALTA Owners Policy (6-17-06) Proposed Insured: Jonathan Sweatman Proposed Policy Amount:
ALTA Loan Policy (6-17-06) Proposed Insured: tbd Proposed Policy Amount: tbd The estate or interest in the Land described or referred to in this Commitment is: FEE SIMPLE
Title to the FEE SIMPLE estate or interest in said Land is at the Effective Date hereof vested in: Jonathan Sweatman By Virtue of a Warranty Deed from Dan C. Woodley, d/b/a. D.C. Woodley and Associates to Jonathan Sweatman dated March 31, 1994, filed April 4, 1994, in Book 8128, Page(s) 396, DeKalb County, Georgia Records.
SCHEDULE A (continued)
LEGAL DESCRIPTION
All that tract or parcel of land lying and being in Land Lot 240 and 241, 18th District, DeKalb County, Georgia, being Lot 2, Grove Place, according to plat which is recorded in Plat Book 60, Page 125, Plat Book 96, Page 9,and last revised in Plat Book 96, Page 14, DeKalb County, Georgia Records, said plat by reference being incorporated herein and made a part hereof for a more complete description.
Subject Property Address: 2746 Grove Street NE, Atlanta, GA 30319
Parcel ID: 18 240 05 028 SCHEDULE B, SECTION I Requirements The following Requirements must be met: The Proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. Pay the agreed amount for the estate or interest to be insured. Pay the premiums, fees and charges for the Policy to the Company. Pay all taxes and/or assessments, levied and assessed against the land, which are due and payable. In the Loan Policy to be issued, the company will insure against defects in the title which are filed for record during the period of time between the effective date of this commitment and the date of filing for record of the documents creating the estate or interest being insured, except for matters of which the insured has any knowledge. Any provisions in this commitment which are in conflict herewith are hereby deemed deleted. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly authorized, executed, delivered, and recorded in the Public Records. Security Deed from Jonathan Sweatman to tbd, securing the principal amount of $tbd. All county and/or city taxes, water, sewerage, garbage or other public utilities, which may be due/delinquent, must be verified by the proper authority prior to closing. Taxes and assessments for 2021 to DeKalb County Tax Commissioner in the amount of $6,189.10 are Paid for Parcel No. 18 240 05 028. City taxes are included. Satisfaction and Cancellation of Georgia Security Deed from Jonathan Sweatman to PNC Bank, National Association, dated July 1, 2016 and filed on July 20, 2016 in the amount of $425,000.00, in Book 25680, Page 228, in the Office of the Clerk of the Superior Court for DeKalb County, Georgia. Dismissal of Verified Petition for Equitable Relief, Civil Action File Number: 21CV9795 bewteen Jonathan Sweatman, Plaintiff vs. Sarah Sweatman, Defendant, in the Superior Court of DeKalb County, Georgia. Liens and judgments have been searched for names on title. NOTE: Tax information is provided by the city/county tax office. We make no guaranty to the accuracy of the above information. Please verify prior to closing. Schedule B, Section II Exceptions This Commitment does not republish any Covenant, Condition, Restriction, or Limitation contained in any document referred to in this Commitment to the extent that the specific Covenant, Condition, Restriction, or Limitation violates State or Federal law based on race, color, religion, sex, sexual orientation, gender identity, handicap, familial status, or national origin. The Policy will not insure against loss or damage resulting from the terms and provisions of any lease or easement identified in Schedule A, and will include the following Exceptions unless cleared to the satisfaction of the Company: 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. Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public records. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession in the Land. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. Any mineral or mineral rights leased, granted or retained by current or prior owners. Taxes and assessments for the year 2022 and subsequent years, a lien not yet due and payable. Rights of tenants in possession. Loss or damage arising from any violation of the Servicemembers Civil Relief Act (SCRA). Matters appearing on Plat recorded in Plat Book 60, Page 125, Plat Book 96, Page 9, and last revised in Plat Book 96, Page 14, DeKalb County, Georgia, but omitting any covenants or restrictions, if any, based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, national origin, ancestry, or source of income, as set forth in applicable state of federal laws, except to the extent that said covenant or restriction is permitted by applicable law. Easement recorded in Book 7890, Page 62, aforesaid records. NOTE: The Lender’s Policy, when issued, will contain an ALTA 8.1 Environmental Endorsement. NOTE: The Lender’s Policy, when issued, will contain an ALTA 9 Comprehensive Endorsement.
COMMITMENT CONDITIONS DEFINITIONS “Knowledge” or “Known”: Actual or imputed knowledge, but not constructive notice imparted by the Public Records “Land”: The land described in Schedule A, and affixed improvements that by law constitute real property. The term “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 to be insured by the Policy. “Mortgage”: A mortgage, deed of trust, or other security instrument, including one evidenced by electronic means authorized by law. “Policy”: Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company pursuant to this Commitment. “Proposed Insured”: Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment. “Proposed Policy Amount”: Each dollar amount specified in Schedule A as the Proposed Policy Amount of each Policy to be issued pursuant to this Commitment. “Public Records”: Records established under state statutes at the Commitment Date for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. “Title”: The estate or interest described in Schedule A. If all of the Schedule B, Part I – Requirements have not been met within the time period specified in the Commitment to Issue Policy, this Commitment terminates and the Company’s liability and obligation end. The Company’s liability and obligation is limited by and this Commitment is not valid without: the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I – Requirements; and Schedule B, Part II – Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. COMPANY’S RIGHT TO AMEND The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse claim, or other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment Condition 5. The Company shall not be liable for any other amendment to this Commitment. LIMITATIONS OF LIABILITY The Company’s liability under Commitment Condition 4 is limited to the Proposed Insured’s actual expense incurred in the interval between the Company’s delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed Insured’s good faith reliance to: comply with the Schedule B, Part I – Requirements; eliminate, with the Company’s written consent, any Schedule B, Part II - Exceptions; or acquire the Title or create the Mortgage covered by this Commitment. The Company shall not be liable under Commitment Condition 5(a) if the Proposed Insured requested the amendment or had Knowledge of the matter and did not notify the Company about it in writing. The Company will only have liability under Commitment Condition 4 if the Proposed In