Commitment for Title Insurance
Schedule A
File No : 74-15405992-PTH
Commonly Known As: 2607 Electric Avenue, Port Huron, MI 48060
1.
Effective Date: February 02, 2015, at 8:00 am
2.
Policy or policies to be issued:
AMOUNT
(a)
TBD
OWNERS POLICY WITH STANDARD EXCEPTIONS
Proposed Insured:
TBFL
(b)
3.
LOAN POLICY
Proposed Insured:
The estate or interest in the land described or referred to in this Commitment and covered herein is Fee
Simple and title thereto is at the effective date hereof vested in:
Trinity Health-Michigan, a Michigan Non-Profit Corporation, formerly known as Mercy Health
Services, formerly known as Mercy Health Corporation, formerly known as St. Joseph Mercy Hospital
of Detroit
4.
The land referred to in this commitment is situated in the City of Port Huron, County of St. Clair, State of
Michigan, as follows:
Part of Lot 84, "Assessor's Military Street Plat No.2," according to the plat thereof as recorded in
Liber 30 of Plats, page 9, St. Clair County Records, particularly described as: Commencing at the
Northeast corner of said Lot 84; thence North 89 degrees 12 minutes 40 seconds West 274.17 feet
along the North line to the Point of Beginning of this description; thence extending North 89 degrees
12 minutes 40 seconds West 217.59 feet; thence South 07 degrees 15 minutes 28 seconds West
189.82 feet; thence South 82 degrees 44 minutes 32 seconds East 216.20 feet; thence North 07
degrees 15 minutes 28 seconds East 214.33 feet along its West line to the beginning.
COUNTERSIGNED:
ATTORNEYS TITLE AGENCY, LLC
Steven M. Greco
AUTHORIZED SIGNATORY
Attorneys Title Agency, LLC
1824 Pine Grove
Port Huron, MI 48060
Ph:(810) 987-2263 Fax:(810) 987-3290
Agent for: OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
This commitment valid and binding for a period of 90 days from the date hereof. Thereafter it is void and of no effect.
SCHEDULE A of this commitment--Page 1
Schedule B-I
(REQUIREMENTS)
File No: 74-15405992-PTH
The following requirements to be complied with:
1.
Standard requirements as set forth in jacket.
NOTE: In the event the Commitment Jacket is not attached hereto, all of the terms, conditions and provisions
contained in said Jacket are incorporated herein. The Commitment Jacket is available for inspection at any
Company office.
2.
Instruments necessary to create the estate or interest to be insured must be executed by, delivered and duly filed
for record.
3.
You must tell us in writing the name of anyone not referred to in this commitment who will get an interest in the
Land or who will make a loan on the Land. We may make additional requirements or exceptions relating to the
interest or the loan.
4.
Pay the agreed amounts for the Title and/or the mortgage to be insured.
5.
Pay us the premiums, fees and charges for the policy.
6.
Submit a copy of the Resolution of the Board of Directors of the recited owner authorizing the sale of the subject
property to the recited purchaser and directing the proper officers to execute the proposed conveyance on behalf of
the corporation.
7.
Warranty Deed from recited owner to recited purchaser.
8.
Upon supplying the identity of the Proposed Insured and/or the amount of the policy to the Company, this
commitment may be subject to such further requirements as may then be deemed necessary.
NOTE: A certain Sheriff's Deed was recorded 9/10/14 in Liber 4536, Page 40, purporting to foreclose
that certain Mortgage recorded in Liber 2108, Page 263 and convey the property to Talmer Bank and
Trust. There is no Mortgage recorded in Liber 2108, Page 263 and the Mortgage recorded in Liber
2108, Page 363 which does cover captioned land was already discharged earlier on 4/1410 by
discharge of Real Estate Mortgage recorded 4/19/10 in Liber 4839, Page 289. The effect, if any,
of the Sheriff's Deed is unclear.
9.
Terms, conditions and provisions of Leasehold Interest of Blue Water Property Management, LLC, a Michigan
Limited Liability Company as referred to in Memorandum of Ground lease recorded in Liber 2108, page 361 and
Re-recorded in Liber 2113, page 348 and in Liber 2150, page 662 and Subordination Agreement recorded in
connection therewith in Liber 2145, page 493 and Amended Subordination Agreement recorded in connection
therewith in Liber 2292, page 119 and Subordination Agreements recorded in Liber 2461, page 653 and in Liber
3848, page 33 and Amendment to Subordination Agreements recorded In connection therewith in Liber 4029, page
930 and Scriverner's Affidavit recorded In connection therewith in Liber 4001, page 323, St. Clair County Records.
Attorneys Title Agency, LLC
1824 Pine Grove
Port Huron, MI 48060
Ph:(810) 987-2263 Fax:(810) 987-3290
Agent for: OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
This commitment is invalid unless the insuring Provisions and Schedules A and B-II are attached.
SCHEDULE B-I of this commitment--Page 2
Continuation of SCHEDULE B-I (REQUIREMENTS)
Commitment No. 74-15405992-PTH
10.
Discharge of the Mortgage to secure an indebtedness of $870,000.00 and any other amounts payable under the
terms thereof executed by Blue Water Property Management, L.L.C., a Michigan limited liability company to
Citizens First Savings Bank dated March 9, 2001 and recorded March 15, 2001 in Liber 2142, page 269, and
Modification of Mortgage recorded in connection therewith in Liber 4028, page 191 and Scrivener's Affidavit
recorded in connection therewith in Liber 4001, page 323, St. Clair County Records.
11.
Terms, conditions and provisions which are recited in Subordination Agreement recorded in connection therewith in
Liber 2145, page 493 and amended Subordination Agreement recorded in connection therewith in Liber 2292, page
119 and Subordination Agreements recorded in Liber 2461, page 653 and in Liber 3848, page 33 and Amendment
to Subordination Agreements recorded in connection therewith in Liber 4029, page 930 and Scrivener's Affidavit
recorded in connection therewith in Liber 4001, page 323, St. Clair County Records, relating to subordination of the
fee simple interest of Trinity Health-Michigan, a Michigan Non-Profit Corporation to the priority of the Mortgage
recorded in Liber 2142, Page 269, St. Clair County Records.
12.
Discharge of the Financing Statement wherein Blue Water Property Management, L.L.C. are the debtor(s) and
Citizens First Savings Bank is the secured party as more fully set forth in instrument recorded March 15, 2001 in
Liber 2142, page 275, and Scrivener's Affidavit recorded in connection therewith in Liber 4001, page 323, SI. Clair
County Records.
13.
Discharge o the Notice of Lis Pendens as more fully set forth In instrument recorded February 26, 2013 in Liber
4363, page 49, and Scrivener's Affidavit recorded in connection therewith in Liber 4001, page 323, st. Clair County
Records.
14.
PAYMENT OF TAXES:
Tax Parcel No.: 74-06-998-4060-000 (Building on Leased Land)
74-06-150-0051-300 (Land Only)
2014 County Taxes in the amount of $920.56 are Paid.
2014 City Taxes in the amount of $20,202.67 are Paid.
Special Assessments: None
-
2014 State Equalized Value: $350,600.00
2014 Taxable Value: $350,600.00
The amounts shown as due do not include collection fees, penalties or interest.
This commitment is invalid unless the insuring Provisions and Schedules A and B-II are attached.
SCHEDULE B-I of this commitment--Page 3
Schedule B-II
(EXCEPTIONS)
File No:. 74-15405992-PTH
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.
Rights or claims of parties in possession not shown by the Public Records.
2.
Any facts, rights, interests or claims not shown by the Public Records but that could be ascertained by an
accurate survey inspection of the Land or by making inquiry of persons in possession thereof of the Land.
3.
Easements, claim of easements or encumbrances that are not shown in the Public Records and existing water,
mineral, oil and exploration rights.
4.
Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title including
discrepancies, conflicts in boundary lines, shortage in area, or any other facts that would be disclosed by an
accurate and complete land survey of the Land, and that are not shown in the Public Records.
5.
Any lien or right to lien for services, labor or material theretofore or hereafter furnished, imposed by law and not
shown by the Public Records.
6.
The lien, if any, of real estate taxes, assessments, and/or water and sewer charges, not yet due and payable or
that are not shown as existing liens in the records of any taxing authority that levies taxes or assessments on real
property or in the Public Records; including the lien for taxes, assessments, and/or water and sewer charges,
which may be added to the tax rolls or tax bill after the effective date. The Company assumes no liability for the
tax increases occasioned by the retroactive revaluation or changes in the Land usage or loss of any homestead
exemption status for the insured premises.
7.
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.
8.
Agreement with, and restrictions In favor of, Detroit Edison Company and Michigan Bell Telephone Company for
the installation and maintenance of electric and communications facilities and ancillary equipment as contained in
instrument recorded in Liber 1157 of Deeds, page 840, St. Clair County Records.
9.
Detroit Edison Underground Easement (Right of Way) to the Detroit Edison Company, a Michigan corporation as
more fully set forth in instrument recorded April 22, 1991 in Liber 1250 of Deeds, page 505, St. Clair County
Records.
10.
Detroit Edison Underground Easement (Right of Way) to the Detroit Edison Company, a Michigan corporation as
more fully set forth in instrument recorded June 11, 1998 in Liber 1750, page 821, St. Clair County Records.
11.
Detroit Edison Underground Easement (Right of Way) to the Detroit Edison Company, a Michigan corporation as
more fully set forth In Instrument recorded March 9, 2001 In Liber 2139, page 232, St. Clair County Records.
Attorneys Title Agency, LLC
1824 Pine Grove
Port Huron, MI 48060
Ph:(810) 987-2263 Fax:(810) 987-3290
Agent for: OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
This commitment is invalid unless the insuring Provisions and Schedules A and B-I are attached.
SCHEDULE B-II of this commitment--Page 4
Continuation of SCHEDULE B-II (EXCEPTIONS)
Commitment No. 74-15405992-PTH
12.
Grant of Permanent Easement for Utility Purposes between Trinity Health-Michigan f/k/a Mercy Health Services, a
Michigan nonprofit corporation d/b/a Mercy Hospital-Port Huron and Marwood Nursing and Rehabilitation, a
Michigan nonprofit corporation as more fully set forth In instrument recorded October 3, 2001 in Liber 2276, page
213, St. Clair County Records.
13.
Detroit Edison Overhead and Underground Easement (Right of Way) to the Detroit Edison Company, a Michigan
corporation as more fully set forth in instrument recorded November 13, 2002 in Liber 2574, page 788, St. Clair
County Records.
14.
Rights of the public and of any governmental unit in any part of the land taken, used or deeded for street, road or
highway purposes.
This commitment is invalid unless the insuring Provisions and Schedules A and B-I are attached.
SCHEDULE B-II of this commitment--Page 5