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Dear Sir/Madam,
With reference to the above captioned matter, enclosed herewith please find our Certificate
of Title.
If you have any questions regarding same, please contact our office.
Thank you.
39 West 37th Street, 7th Floor, New York, NY 10018 Tel 212.532.8686 8521 Leesburg Pike, Suite 200, Vienna, VA 22182 Tel 703.448.4420
5605 N. MacArthur Blvd., Suite 1056, Dallas, TX 75038 Tel 214.269.2360
www.kvnational.com
www.kv-dcmetro.com
39 West 37th Street
New York, NY 10018
Tel: 212.532.8686
www.kvnational.com
Underwriting/Legal/Clearance
Client Services/Status/Surveys
Closing Department
Post Closing/Recording/ACRIS
Escalations: For any escalated matters please contact our Management Staff:
Greg O’Connor
Executive Vice President 212.561.7433 goconnor@kvnational.com
Operations
Stacey Reardon
Vice President Production/ 212.532.8686 ext 4041 sreardon@kvnational.com
Curative
DawnMarie Callan
212.532.8686 ext 3439 dcallan@kvnational.com
Funding/Post Closing Manager
Alida Lamothe
212.624.2494 alamothe@kvnational.com
Closing Manager, Title only
39 West 37th Street, 7th Floor, New York, New York 10018
T 212.532.8686 F 212.532.8610 www.kvnational.com
Notice:
Insured Transactions within NY State
• If this is a refinance within ten (10) years, you may be entitled to a reduced
premium. Contact this company for further details.
• Please note that Old Republic National Title Insurance Company maintains a
rate calculator for your convenience to enable you to calculate your title
insurance rates. The website can be visited at
http://ortratecalculator.oldrepublictitle.com/
• Title costs for this transaction may include charges for certain services not
specified in the TIRSA Rate Manual and are provided by Kensington
Vanguard National Land Services of NY at the request of your lender or
attorney. The issuance of the title policy is not dependent upon the
performance of such additional services.
Old Republic National Title Insurance Company
3. The estate or interest in the land described or referred to in this Certificate of Title is Fee Simple.
4. Title to said estate or interest in said land is at the Effective Date vested in:
Bob Evans Farms, Inc., an Ohio corporation, which acquired title by deed made by Red Roof Inns, Inc.,
dated June 13, 1990 and recorded June 27, 1990 in Liber 10187, Page 490 in the Office of the Clerk of
Erie County.
THIS REPORT IS NOT A TITLE INSURANCE POLICY! PLEASE READ IT CAREFULLY. THE REPORT
MAY SET FORTH EXCLUSIONS UNDER THE TITLE INSURANCE POLICY AND MAY NOT LIST ALL
LIENS, DEFECTS, AND ENCUMBRANCES AFFECTING TITLE TO THE PROPERTY. YOU SHOULD
CONSIDER THIS INFORMATION CAREFULLY.
TRACT 1:
ALL that tract or parcel of land, situate, lying and being in the Town of Lancaster, County of Erie and State of
New York, being Part of Lot 12, Section 12, Township 11, Range 6 of the Holland Land Company's Survey,
being more particularly bounded and described as follows:
BEGINNING at a Point in the South line of Maple Drive (70 feet wide), a distance of 50.00 feet East feet the
West line of Lot 12, said Point being in the East right-of-way line of Transit Road (100 feet vide);
THENCE RUNNING easterly and along said south line of Maple Drive, a distance of 125.75 feet to an Angle
Point in the South line of Maple Drive;
THENCE continuing along said South line of Maple Drive, 128.60 feet to a Point;
THENCE southerly at an interior angle of 98 deg. 03' and parallel with the West line of Lot 12, a distance of
179.00 feet to a Point;
THENCE westerly at an interior angle of 89 deg. 24', a distance of 253.00 feet to a Point, said Point being in
the East right-of-way line of Transit Road;
THENCE northerly at an interior angle of 90 deg. 36' and parallel with the West line of Lot 12 and along said
East line of Transit Road, a distance of 196.22 feet to the Point or Place of BEGINNING.
TRACT 2
ALL that tract or parcel of land, situate, lying and being in the Town of Lancaster, County of Erie, and State of
New York, being Part of Lot 12, Section 12, Township 11 and Range 6 of the Holland Land Company's Survey,
and being more particularly bounded and described as follows:
BEGINNING at a point in the South line of Maple Drive (70 feet wide), a distance of 304.35 feet East from the
West line of Lot 12, as measured along the said South line of Maple Drive;
THENCE RUNNING easterly and along said Maple Drive, a distance of 332.00 feet to a Point;
THENCE southwesterly along a line Making an interior angle of 66 deg. 00', a distance of 286.27 feet to a
point;
THENCE southerly along a line Making an interior angle of 212 deg. 03 and parallel with the West line of Lot
12, a distance of 257.07 feet to a Point;
THENCE westerly along a line making an interior angle of 89 deg. 24', a distance of 176.82 feet to a Point;
THENCE northerly along a line making an interior angle of 90 deg. 36' and parallel with the West line of Lot 12,
a distance of 544.35 feet to the Point or Place of BEGINNING.
Excepting therefrom:
All that tract or parcel of land conveyed to DBSO BOB LLC by deed made by Bob Evans Farms, LLC dated
Certificate of Title (821110(O-NY-CP-JM).pfd/821110(O-NY-CP-JM)/6)
SCHEDULE A
DESCRIPTION
(Continued)
Title Number: 821110(O-NY-CP-JM)
10/18/2013 recorded 11/08/2013 in Book 11255 Page 9673 bounded and described as follows:
ALL that tract or parcel of land, situate, lying and being in the Town of Lancaster, County of Erie and State of
New York being part of Lot 12, Section 12, Township 11, Range 6 of the Holland Land Company's Survey,
being more particularly bounded and described as follows:
BEGINNING at an iron pin set in the south line of Maple Street (70' R/W), a distance of 386.35 feet East from
the West line of lot 12, as measured along the said South line of Maple Drive;
THENCE with said right of way line South 81°56'12" East a distance of 250.00 feet to a 5/8" iron pin found (ID:
Otney & Miller), being the northwest corner of the FMW RRI, LLC Property (D.B. 11209, Pg. 1421);
THENCE leaving said South right of way line with the West line of said FMW property as follows:
South 31°24'36" West a distance of 286.19 feet to a ½" pipe found (No id);
THENCE South 00°20'04" East a distance of 257.07 feet to a pk nail set in the North line of the Italian Gardens
Real Estate Corp. Property;
THENCE with said North line North 90°00'00" West a distance of 176.82 feet to an iron pin set;
THENCE along the East lines of said Italian Gardens Property, The Mataji's Inc. Property (DB 11125, Pg.
4125), and the Ved LLC property (DB 11233, Pg 919) North 00°36'00" West a distance of 365.35 feet to an
iron pin set, being the northeast corner of said Ved LLC;
THENCE North 05°17'20" East a distance of 171.10 feet to the point of BEGINNING.
Hereinafter set forth are additional matters which will appear in our policy as exceptions from coverage unless
disposed of to our satisfaction prior to the closing or delivery of the policy.
1. Taxes, tax liens, tax sales, water rates, sewer and assessments set forth in schedule herein.
a. Mutual Access Easement Agreement in Book 11255 Page 9680 (See Exhibit A);
b. Utility Easement Agreement in Book 11255 Page 9693 (See Exhibit B);
c. Utility Pole and Line Easement in Liber 6795 Page 511 (See Exhibit C);
d. Sewer Easements in Liber 9046 Page 128 (See Exhibit D);
e. Right of Way in Liber 9539 Page 150 (See Exhibit E);
f. Easements, agreements, restrictions and reservations as set forth in Liber 10187 Page 490. (See
Exhibit F);
g. Notice of Appropriation in Book 11116 Page 7991 (See Exhibit G);
WITH REGARD THERETO:
Maps in Book 25 Page 6307. (See Exhibit H)
h. Oil and Gas Lease in Liber 943 Page 132 (See Exhibit I);
WITH REGARD THERETO:
Affidavit in Liber 10187 Page 489 (See Exhibit J).
6. Proof is required to show that the entity executing the closing documents is the same entity which
acquired title by deed dated 6/13/1990 recorded 6/27/1990 Liber 10187, Page 490.
7. Searches, including Judgments and Federal Tax Liens, have been run against Bob Evans Farms, Inc.,
and disclosed no returns.
8. Company finds no open mortgages of record in the County Office. Company is to be advised of any
unrecorded mortgages or any other liens against the premises under examination.
9. Bob Evans Farms, Inc. is a foreign business corporation not found in the records of the New York State
Department of State as being authorized to do business in the State of New York. Proof is required as
follows:
I. A copy of the certificate of incorporation, and amendments, if any, must be produced and reviewed;
together with a Certificate of Good Standing from the Secretary of State of the State of Incorporation;
II. Proof is required of the entity's filing for authority to do business in the State of New York or that it is
not required to do so.
III. If the present transaction involves a conveyance or mortgage, Company requires:
a. a certified copy of the resolution of the board of directors of a corporate grantor or mortgagor, that
authorizes the making of the conveyance or mortgage; and
b. proof that shareholder consent is not required by its certificate of incorporation or any amendments
thereto for the making of said conveyance or mortgage;
Certificate of Title (821110(O-NY-CP-JM).pfd/821110(O-NY-CP-JM)/6)
SCHEDULE B
EXCEPTIONS
(Continued)
Title Number: 821110(O-NY-CP-JM)
IV. If the present transaction involves a conveyance or lease by a corporate grantor or lessor, and the
certificate of incorporation requires shareholder consent, Company requires the written consent thereto
by all shareholders and the instrument on closing should so recite. In lieu of written consent, the consent
of the holders of two thirds of all the outstanding shares entitled to vote thereon obtained at a meeting
duly noticed and called for the purpose of obtaining such consent in the manner called for in Section 605
of the Business Corporation Law is required and the instrument on closing should so recite;
V. Proof (by affidavit or otherwise) of payment of New York State Franchise Taxes, and if premises is in
New York City, of New York City Corporate Taxes.
10. The name(s) of the purchaser(s) must be provided at least 48 hours in advance of closing for additional
searches to be obtained. Upon receipt of same, additional exceptions may be raised.
11. Until a guaranteed survey is received, policy will not insure the exact location, courses, distances and
dimensions of the premises or the bed of any street, road or avenue passing through the said premises
or any state of facts that a survey would show.
MORTGAGE SCHEDULE
Tax Search
TITLE #: 821110(O-NY-CP-JM DATE: 3/3/2015
PREPARED FOR: KENSINGTON VANGUARD NATIONAL LAND SERVICES (KVAN) ORDER ID: 11017847
PREMISES:
6635 TRANSIT RD, LANCASTER
STATE: NY COUNTY: ERIE TOWN: LANCASTER
SECTION: 82.03 BLOCK: 3 LOT: 32.21
ASSESSMENT:
ASSESSED OWNER(S): BOB EVANS FARMS INC
PROPERTY CLASS: 421 LAND: STATE SWIS CODE: 145289
1,000,000
SCHOOL DISTRICT: Lancaster TOTAL: 1,150,000
LOT SIZE: 1.35 ACRES
2015 TOWN TAX 1/1/2015 - 12/31/2015
***NO EXEMPTIONS FOUND***
FULL TAX DUE: 1/15/2015 $17,979.03 PAID
RedVision does hereby certify that the records of the above-mentioned municipality or governmental agency were examined, and the information reported
002500/002500 herein is a true and accurate abstract of the information within those records, as of the posting date provided by the municipality or governmental agency, and Continued..
no liability is assumed. This report is submitted for informational purposes only for the exclusive use of KENSINGTON VANGUARD NATIONAL LAND
SERVICES.
Page 2 of 2
Our policy does not insure against such items which have not become a lien up to the date of the policy or
installments due after the date of the policy. Neither our tax search nor our policy covers any part of street on
which the premises to be insured about.
If the tax lots reported cover more or less than the premises under examination, this fact will be noted herein.
In such case, the interested parties should take the necessary steps to make
the tax map conform to the description to be insured.
Recent payment of any open items returned on this tax search may not be reflected on the public records.
Therefore please request the seller or borrower to have the receipted bill available at the closing.
PAYMENT INFORMATION:
TOWN TAX COLLECTOR SCHOOL TAX COLLECTOR
Receiver of Taxes Receiver of Taxes
21 Central Ave 21 Central Ave - Tax Dept
Lancaster , NY 14086 Lancaster , NY 14086
PHONE: 716-683-1328 PHONE: 716-683-1328
RedVision does hereby certify that the records of the above-mentioned municipality or governmental agency were examined, and the information reported
002500/002500 herein is a true and accurate abstract of the information within those records, as of the posting date provided by the municipality or governmental agency, and
no liability is assumed. This report is submitted for informational purposes only for the exclusive use of KENSINGTON VANGUARD NATIONAL LAND
SERVICES.
New York State Municipal Department Searches
All searches and their results are provided at the request of the mortgagee/purchaser or
their respective counsels. The Company does not in any event, insure that the buildings or
other improvements situate on the premises or their uses either actual or intended, comply
with Federal, State or Municipal laws regulations or ordinances and therefore assumes no
liability whatsoever by reason of the ordering of such searches and does not insure their
accuracy. The following results are hereby provided for informational purposes only.
PREMISES:
6635 TRANSIT RD, LANCASTER
State: NY County: ERIE Town: LANCASTER
Section: 82.03 Block: 3 Lot: 32.21
RedVision does hereby certify that the records of the above-mentioned municipality or governmental agency were examined, and the information reported
002000/002000 herein is a true and accurate abstract of the information within those records, as of the posting date provided by the municipality or governmental agency, and
no liability is assumed. This report is submitted for informational purposes only for the exclusive use of KENSINGTON VANGUARD NATIONAL LAND
SERVICES.
Housing and Building Violation Search
TITLE #: 821110(O-NY-CP-JM DATE: 3/3/2015
PREPARED FOR: KENSINGTON VANGUARD NATIONAL LAND SERVICES (KVAN) ORDER ID: 11017847
PREMISES:
6635 TRANSIT RD, LANCASTER
State: NY County: ERIE Town: LANCASTER
Section: 82.03 Block: 3 Lot: 32.21
We have been advised by the Building Department that a search of their records shows
no outstanding violations as of 3/3/2015.
RedVision does hereby certify that the records of the above-mentioned municipality or governmental agency were examined, and the information reported
001000/001000 herein is a true and accurate abstract of the information within those records, as of the posting date provided by the municipality or governmental agency, and
no liability is assumed. This report is submitted for informational purposes only for the exclusive use of KENSINGTON VANGUARD NATIONAL LAND
SERVICES.
Fire Violations Search
TITLE #: 821110(O-NY-CP-JM DATE: 3/3/2015
PREPARED FOR: KENSINGTON VANGUARD NATIONAL LAND SERVICES (KVAN) ORDER ID: 11017847
PREMISES:
6635 TRANSIT RD, LANCASTER
State: NY County: ERIE Town: LANCASTER
Section: 82.03 Block: 3 Lot: 32.21
We have been advised by the Fire Department that a search of their records shows no
outstanding violations as of 3/3/2015.
RedVision does hereby certify that the records of the above-mentioned municipality or governmental agency were examined, and the information reported
001000/001000 herein is a true and accurate abstract of the information within those records, as of the posting date provided by the municipality or governmental agency, and
no liability is assumed. This report is submitted for informational purposes only for the exclusive use of KENSINGTON VANGUARD NATIONAL LAND
SERVICES.
Street Maintenance Report
TITLE #: 821110(O-NY-CP-JM DATE: 3/3/2015
PREPARED FOR: KENSINGTON VANGUARD NATIONAL LAND SERVICES (KVAN) ORDER ID: 11017847
PREMISES:
6635 TRANSIT RD, LANCASTER
State: NY County: ERIE Town: LANCASTER
Section: 82.03 Block: 3 Lot: 32.21
As per the Department of Highways, the above mentioned street is a public road.
RedVision does hereby certify that the records of the above-mentioned municipality or governmental agency were examined, and the information reported
00600/00600 herein is a true and accurate abstract of the information within those records, as of the posting date provided by the municipality or governmental agency, and
no liability is assumed. This report is submitted for informational purposes only for the exclusive use of KENSINGTON VANGUARD NATIONAL LAND
SERVICES.
Title: 821110(O-NY-CP-JM) Date: 3/16/2015
Name of individual or business: Bob Evans Farms, Inc.
County: Erie
District: Western
BANKRUPTCY SEARCH
A Search of the records of the United States Bankruptcy Court has been made with the following results:
__X __ There is no record of a bankruptcy search filing for the above-mentioned individual, corporation or
business. The following office(s) have been checked.
KENSINGTON VANGUARD NATIONAL LAND SERVICES OF NY DOES HEREBY CERTIFY THAT THE ABOVE
GOVERNMENTAL AGENCIES WERE EXAMINED. THE INFORMATION REPORTED ABOVE IS A TRUE AND
ACCURATE ABSTRACT OF THE INFORMATION CONTAINED HEREIN, AND NO LIABILITY IS ASSUMED.
UNITED STATES PATRIOT ACT NAME SEARCH
TITLE #: 821110(O-NY-CP-JM)
ALL UNITED STATES PERSONS MUST COMPLY WITH THE OFFICE OF FOREIGN
ASSETS CONTROL (OFAC) REGULATIONS, INCLUDING ALL U.S. CITIZENS,
PERMANENT RESIDENT ALIENS, ALL U.S. INCORPORATED ENTITIES AND THEIR
FOREIGN BRANCHES REGARDLESS OF WHERE THEY ARE LOCATED.
KENSINGTON VANGUARD NATIONAL LAND SERVICES OF NY DOES HEREBY CERTIFY THAT THE
ABOVE GOVERNMENTAL AGENCIES WERE EXAMINED. THE INFORMATION REPORTED ABOVE IS A
TRUE AND ACCURATE ABSTRACT OF THE INFORMATION CONTAINED HEREIN, AND NO LIABILITY IS
ASSUMED.
39 West 37th Street, 7th Floor, New York, NY 10018 Tel 212.532.8686 8521 Leesburg Pike, Suite 200, Vienna, VA 22182Tel 703.448.4420
2525 McKinnon Street, Suite 310, Dallas, TX 75201 Tel 214.269.2360
www.kvnational.com
www.kv-dcmetro.com
VESTING DEED
EXHIBIT (A)
EXHIBIT (B)
EXHIBIT (C)
EXHIBIT (D)
EXHIBIT (E)
EXHIBIT (F)
EXHIBIT (G)
EXHIBIT (H)
EXHIBIT (I)
PRIVACY POLICY
Applicability
This Privacy Policy governs our use of the information which you provide to us. It does not
govern the manner in which we may use information we have obtained from any other source,
such as information obtained from a public record or from another person or entity. We have also
adopted broader guidelines that govern our use of personal information regardless of its source.
Types or information Depending upon which of our services you are utilizing, the types of
nonpublic personal information that we may collect include:
• Information we receive from you on applications, forms or in other communications to
us, whether in writing, in person, by telephone or any other means;
• Information about your transactions with us, our affiliate companies, or others; and
• Information we receive from a consumer reporting agency.
Use of information
We request information from you for our own legitimate business purposes and not for the benefit
of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties
except: (I) as necessary for us to provide the product or service you have requested of us; or (2) as
permitted by law. We may, however, store such information indefinitely, including the period
after which any customer relationship has ceased. Such information may be used for any internal
purpose, such as quality control efforts or customer analysis. We may also provide all of the types
of nonpublic personal information listed above to one or more of our affiliated companies.
Furthermore, we may also provide all the information we collect, as described above, to
companies that perform marketing services on our behalf; on behalf of our affiliate companies, or
to other financial institutions with whom we or our affiliate companies have joint marketing
agreements.
Former Customers
Even if you are no longer our customer, our Privacy Policy will continue to apply to you.
Confidentiality and Security
We will use our best efforts to ensure that no unauthorized parties have access to any of your
information. We restrict access to non public personal information about you to those individuals
and entities who need to know that information to provide products or services to you. We will
use our best efforts to train and oversee our employees and agents to ensure that your information
will be handled responsibly and in accordance with This Privacy Policy. We currently maintain
physical, electronic and procedural safeguards that comply with federal regulations to guard your
nonpublic personal information.