ATTORNEY’S TITLE CERTIFICATE
TO: Tracey L. Montz
ATTN: N/A
RE: Borrower(s)/Purchaser(s): Viking Capital Partners, LLC
Seller(s): N/A
Brief property description: Blackwell Road, Chatsworth, GA 30705
This is to certify that we have examined the Murray County, Georgia Land Records, as indexed, and are of the opinion that marketable fee simple title to the property described in Exhibit “A’ attached hereto, as of the date of this certificate, is vested in:
Viking Capital Partners, LLC
free and clear of all liens, encumbrances and objections affecting the same with the following EXCEPTIONS:
All questions with reference to the following are expressly excepted from this Certificate, and this opinion is limited to the names ofmarriedwomen as they appear in the chain of title and as furnished to examining counsel:
a. All matters of record subsequent to the date of this examination.
b. Rights or claims of persons in actual possession of any or all of said property which are not a matter of public record.
c. Unrecorded easements, discrepancies or conflicts in boundary lines, shortage in area or encroachments which an accurate and complete survey would disclose, including, without limitation, the existence of roads, easements or rights-of-way acquired through use or otherwise.
d. Any contractor’s, materialmen’s, or laborer’s lien or other liens or assessments of any kind that are not a matter of record.
e. The capacity of any party, the correctness of recitals contained in recorded documents, or any matters of record but not properly indexed.
f. Rights claimed in appliances, fixtures, or personal property, attached or unattached, to the property or improvements thereon. g. Compliance with any regulation rule, act, order or other law conceming Consumer Credit Protection, Federal Truth in Lending,
Land Sales or Securities matters.
h. Any matters arising out of any bankruptcy proceeding now or hereafter pending which may adversely affect any interest in the property, except to the extent that a notice of a defect, lien or encumbrance resulting from any bankruptcy proceeding affecting the property is a matter of record.
i. Any law, ordinance or govemmental regulation restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; or (iii) environmental protection, or the effect of any, except to .the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land is a matter of record.
j. Any govemmental police power including that exercised under any law providing for direct seizure or forfeiture of property, except to the extent that a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the property is a matter of record.
k. The riparian rights of abutting owners on any waters running through the property.
I. Any and all mineral and mining rights possibly reserved outside the period of our examination that would affect the status of title of the property.
m. Taxes for the current year, which are liens, but not due and payable at the date of this Certificate, and taxes coming due and payable for all future times.
2. Exceptions:
a. Georgia Power Company easement set forth in the instrument recorded in Deed Book 20 Page 97, Murray County, Georgia Land Records.
b. Georgia Power Company easement set forth in the instrument recorded in Deed Book 39 Page 435, Murray County, Georgia Land Records.
c. Georgia Power Company easement set forth in the instrument recorded in Deed Book 44 Page 479, Murray County, Georgia Land Records.
d. City of Chatsworth easement set forth in the instrument recorded in Deed Book 73 Page 140, Murray County, Georgia Land Records.
f. Georgia Power Company easement set forth in the instrument recorded in Deed Book 106 Page 552, Murray County, Georgia Land Records.
g. Georgia Power Company easement set forth in the instrument recorded in Deed Book 608 Page 413, Murray County, Georgia Land Records.
h. City of Chatsworth easement set forth in the instrument recorded in Deed Book 616 Page 431, Murray County, Georgia Land Records.
i. Right of Way Deed to Murray County set forth in the instrument recorded in Deed Book 62 Page 487, Murray County, Georgia Land Records.
j.
Rights of the owners of condominium owners in The Foothills at Fort Mountain to the use of Fawn Ridge Drive as shown on Condominium Plat Book I Page 26, and as described in the Declaration for The Foothills at Fort Mountain Condominium recorded in Deed Book 651 Page 630, Murray County, Georgia Land Records.k. Matters that appear of record in that certain plat of survey prepared for M.E. Blackwell, Keith E. Blackwell and Christy D. Blackwell recorded in Plat Book 34 Page 92, Murray County, Georgia Land Records.
1. Matters that appear of record in that certain plat of survey prepared for Hollis-Hollis Development, Inc. as recorded in Plat Book 41 Page 247, Murray County, Georgia Land Records.
3. Requirements:
a. NOTE: As a matter of information only, ad valorem real property taxes were issued for the year 2012 in the name of Viking Capital Partners, LLC under parcel number 49D-5 1; the Murray County taxes were in the amount of $749.75 and ARE DELiNQUENT WITH $917.21 CURRENTLY DUE and the City of Chatsworth taxes were in the amount of $147.28 and AJ{E DELINQUENT WITH $184.21 CURRENTLY DUE.
V
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This 11th day of July, 2013at05:00 PM
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This Certificate is made for the MINO ,BLCNEAL, P.C.
sole and exclusive use of: I
Tracey L. Montz
BY:
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EXHIBIT “A”
All that tract or parcel of land, lying and being in Land Lot No. 239 in the 9th District and 3rd Section of Murray County, Georgia, being more particularly described as Tract Nos. 1, 2 and 3, according to a plat of survey prepared by James S. Wilson, Georgia Registered Land Surveyor No. 2194 and recorded in Plat Book 34 Page 92, Murray County, Georgia Land Records, reference to which plat is hereby made and incorporated herein by reference for a more particular description of said land.
LESS AND EXCEPT all that tract or parcel of land, lying and being in Land Lot No. 239 in the 9th District and 3rd Section of Murray County, Georgia, being more particularly described as Tract No. 1 according to a plat of survey prepared by Donald 0. Babb, Georgia Registered Land Surveyor No. 2029, dated August 28, 2006 and recorded in Plat Book 41 Page 247, Murray County, Georgia Land Records, reference to which plat is hereby made and incorporated herein by reference for a more particular description of said land.
LESS AND EXCEPT all that tract or parcel of land lying and being in Land Lot No. 239 in the 9th District and 3rd Section of Murray County, Georgia, and being Lot No. 35 (per unrecorded plat), and being more particularly described as follows: TO FIND THE TRUE POINT OF BEGINNING of the tract of land herein described, commence at the intersection of the west line of said Land Lot No. 239 and the north right of way line of Blackwell Road (60’ RIW); thence north 82 degrees 22 minutes 30 seconds east, along the north right of way line of Blackwell Road, a distance of 380.3 feet; thence north 81 degrees 43 minutes 37 seconds east, along the north right of way line of Blackwell Road, a distance of 87.41 feet; thence north 80 degrees 39 minutes 47 seconds east, along the north right of way line of Blackwell Road, a distance of 216.89 feet; thence north 81 degrees 17 minutes 32 seconds east, along the north right of way line of Blackwell Road, a distance of 91.03 feet; thence north 81 degrees 34 minutes 05 seconds east, along the north right of way line of Blackwell Road, a distance of 38.8 feet; thence north 81 degrees 31 minutes 16 seconds east, along the north right of way line of Blackwell Road, a distance of 86.64 feet; thence north 82 degrees 09 minutes 02 seconds east, along the north right of way line of Blackwell Road, a distance of 90.59 feet; thence north 82 degrees 06 minutes 08 seconds east, along the north right of way line of Blackwell Road, a distance of 125.18 feet; thence north a distance of 97.7 feet, to the TRUE POINT OF BEGINNING of the tract of land herein described; from the TRUE POINT OF BEGINNING thus established, thence west a distance of 91.79 feet; thence north, along the east right of way line of a private drive, a distance of 66.21 feet; thencerunningin a northeasterly direction, along the southeast right of way line of a private drive, along an arc to the right (45’ Radius), an arc distance of 70.69 feet; thence east, along the south right of way line of a private, a distance of 46.79 feet; thence south a distance of 111.21 feet, to the TRUE POINT OF BEGINNING.
degrees 31 minutes 16 seconds east, along the north right of way line of Blackwell Road, a distance of 86.64 feet; thence north 82 degrees 09 minutes 02 seconds east, along the north right of way line of Blackwell Road, a distance of 90.59 feet; thence north 82 degrees 06 minutes 08 seconds east, along the north right of way line of Blackwell Road, a distance of 125.18 feet, to the TRUE POINT OF BEGINNING of the tract of land herein described; from the TRUE POINT OF BEGINNING thus established, thence south 82 degrees 06 minutes 08 seconds west, along the north right of way line of Blackwell Road, a distance of 86.36 feet; thence running in a northerly direction, along the east right of way line of a private drive, an arc to the right (28’ Radius), an arc distance of 19.08 feet; thence north along the east right of way line of a private, a distance of 91.93 feet; thence east a distance of 91.79 feet; thence south a distance of 97.70 feet, to the TRUE POINT OF BEGINNING.
LESS AND EXCEPT all that tract or parcel of land lying and being in Land Lot No. 239 in the 9th District and 3rd Section of Murray County, Georgia, and being Lot No. 37 (per unrecorded plat), and being more particularly described as follows: TO FIND THE TRUE POINT OF BEGINNING of the tract of land herein described, commence at the intersection of the west line of said Land Lot No. 239 and the north right of way line of Blackwell Road (60’ RIW); thence north 82 degrees 22 minutes 30 seconds east, along the north right of way line of Blackwell Road, a distance of 380.3 feet; thence north 81 degrees 43 minutes 37 seconds east, along the north right of way line of Blackwell Road, a distance of 87.41 feet; thence north 80 degrees 39 minutes 47 seconds east, along the north right of way line of Blackwell Road, a distance of 216.89 feet; thence north 81 degrees 17 minutes 32 seconds east, along the north right of way line of Blackwell Road, a distance of 91.03 feet; thence north 81 degrees 34 minutes 05 seconds east, along the north right of way line of Blackwell Road, a distance of 38.8 feet; thence north 81 degrees 31 minutes 16 seconds east, along the north right of way line of Blackwell Road, a distance of 86.64 feet; thence north 82 degrees 09 minutes 02 seconds east, along the north right of way line of Blackwell Road, a distance of 90.59 feet; thence north 82 degrees 06 minutes 08 seconds east, along the north right of way line of Blackwell Road, a distance of 125.18 feet to the TRUE POINT OF BEGINNING of the tract of land herein described; from the TRUE POINT OF BEGINNING thus established, thence north a distance of 110.01 feet; thence east a distance of 92.21 feet; thence south, along the west right of way line of a private drive, a distance of 87.16 feet; thence running in a southerly direction, along the west right of way line of a private drive, along an arc to the right (28’ Radius), an arc distance of 11.51 feet; thence south 82 degrees 36 minutes 41 seconds west, along the north right of way line of Blackwell Road, a distance of 90.63 feet, to the TRUE POINT OF BEGINNING.
LESS AND EXCEPT all that tract or parcel of land lying and being in Land Lot No. 239 in the 9th District and 3rd Section of Murray County, Georgia, and being Lot No. 38 (per unrecorded plat), and being more particularly described as follows: TO FIND THE TRUE POINT OF BEGINNING of the tract of land herein described, commence at the intersection of the west line of said Land Lot No. 239 and the north right of way line of Blackwell Road (60’ RIW); thence north 82 degrees 22 minutes 30 seconds east, along the north right of way line of Blackwell Road, a distance of 380.3 feet; thence north 81 degrees 43 minutes 37 seconds east, along the north right of way line of Blackwell Road, a distance of 87.41 feet; thence north 80 degrees 39 minutes 47 seconds east, along the north right of way line of Blackwell Road, a distance of 216.89 feet; thence north 81 degrees 17 minutes 32 seconds east, along the north right of way line of Blackwell Road, a distance of 91.03 feet; thence north 81 degrees 34 minutes 05 seconds east, along the north right of way line of Blackwell Road, a distance of 38.8 feet; thence north 81 degrees 31 minutes 16 seconds east, along the north right of way line of Blackwell Road, a distance of 86.64 feet; thence north 82 degrees 09 minutes 02 seconds east, along the north right of way line of Blackwell Road, a distance of 90.59 feet; thence north 82 degrees 06 minutes 08 seconds east, along the north right of way line of Blackwell Road, a distance of 125.18 feet; thence north a distance of 110.01 feet, to the TRUE POINT OF BEGINNING of the tract of land herein described; from the TRUE POINT OF BEGINNING thus established, thence north a distance of 98.91 feet; thence east, along the south right
