Security Title Guaranty Company 1805 Shea Center Drive, Suite 130 Highlands Ranch, CO 80129 (303) 889-8357
ALTA 2006 Commitment Schedule
American Land Title Association
ALTA Commitment Form Adopted 6-17-06
FIDELITY NATIONAL TITLE INSURANCE COMPANY AS ISSUING AGENT 1-800-943-1196 Issued by Fidelity National Agency Solutions
SCHEDULE A Loan No: Title No: STG-29063851 1.
Effective date: October 28, 2009 Issue Date: 11/20/2009 This Title Insurance Commitment is good for 60 days from the date of issue. Do not rely upon this after 01/04/2010 AT 11:59PM, a title update must be ordered. If you close a transaction based on this Title Insurance Commitment after 01/04/2010 AT 11:59PM without a title update Fidelity National Title Insurance will not issue a Title Insurance Policy.
2.
Policy (or Policies) to be issued: (a)
Owner’s Policy
Policy Amount
Proposed Insured: Policy Premium: $0.00 (Additional discounts may apply) (b)
Loan Policy ALTA 2006 Short Form Policy
Policy Amount
$314,000.00
Proposed Insured: National Bank of Kansas City STG Policy Premium: $732.00 (Additional discounts may apply) (c) 3.
Proposed Insured
Policy Amount
$0.00
The estate or interest in the land described or referred to in this Commitment is: FEE SIMPLE The estate is subject to, and the Company does not insure title to, and excepts from the description of the land, coal, lignite, oil, gas and other minerals in, under and that may be produced from the land, together with all rights, privileges, and immunities relating thereto
Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
American Land Title Association
ALTA Commitment Form Adopted 6-17-06
FIDELITY NATIONAL TITLE INSURANCE COMPANY AS ISSUING AGENT 1-800-943-1196 Issued by Fidelity National Agency Solutions
SCHEDULE A (continued)
4.
Title to the Fee Simple estate or interest in the land is at the Effective Date vested in: ALFONSO JOSEPH AND FRANCES JOSEPH who acquired title by a certain deed from FRANK RAUTH AND MARION RAUTH, HIS WIFE dated 04/22/1999 and recorded 05/06/1999 in 075227
5.
The land referred to in this Commitment is described as follows: SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF Commonly known as 199 Saddle River Road, Saddle Brook, NJ 07663 However, by showing this address no additional coverage is provided
Countersigned: _______________________________ Authorized Signatory Michele W. Jorgensen, Senior Vice President
Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
FIDELITY NATIONAL TITLE INSURANCE COMPANY AS ISSUING AGENT 1-800-943-1196
Title No STG-29063851 LEGAL DESCRIPTION EXHIBIT “A” THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF Bergen, STATE OF New Jersey, AND IS DESCRIBED AS FOLLOWS: ALL THAT CERTAIN LOT, PIECE OR PARCEL OF LAND, WITH THE BUILDINGS AND IMPROVEMENTS THEREON ERECTED, SITUATE, LYING AND BEING IN THE TOWNSHIP OF SADDLE BROOK COUNTY OF BERGEN STATE OF NEW JERSEY: BEGINNING AT THE CORNER FORMED BY THE INTERSECTION OF THE SOUTHERLY SIDE OF STERLING PLACE WITH THE WESTERLY SIDE OF SADDLE RIVER ROAD; AND RUNNING THENCE (1) SOUTH 2 DEGREES 15 MINUTES 40 SECONDS EAST ALONG THE SAID WESTERLY SIDE OF SADDLE RIVER ROAD 101.60 FEET TO THE LINE OF LANDS NOW OR FORMERLY OF EVERETT D. BARLOW; THENCE (2) NORTH 81 DEGREES 55 MINUTES 20 SECONDS WEST, ALONG THE NORTHERLY LINE OF LANDS NOW OR FORMERLY OF EVERETT D. BARLOW 50.825 FEET; THENCE (3) NORTH 2 DEGREES 15 MINUTES 40 SECONDS WEST AND PARALLEL WITH THE SAID WESTERLY SIDE OF SADDLE RIVER ROAD, 101.525 FEET TO THE SAID SOUTHERLY SIDE OF STERLING PLACE; AND THENCE (4) SOUTH 82 DEGREES 00 MINUTES EAST, ALONG THE SAID SOUTHERLY LINE OF STERLING PLACE 50.81 FEET TO THE POINT OR PLACE OF BEGINNING. NOTE FOR INFORMATION: SAID PREMISES ARE ALSO KNOWN AS TAX LOT 7 IN BLOCK 906 AS SHOWN ON THE CURRENT OFFICIAL TAX MAP FOR THE TOWNSHIP OF SADDLE BROOK. Parcel ID: 02570090600007 Commonly known as 199 Saddle River Road, Saddle Brook, NJ 07663 However, by showing this address no additional coverage is provided
American Land Title Association
ALTA Commitment Form Adopted 6-17-06
FIDELITY NATIONAL TITLE INSURANCE COMPANY AS ISSUING AGENT 1-800-943-1196 Issued by Fidelity National Agency Solutions
Title No. STG-29063851 SCHEDULE B – SECTION I REQUIREMENTS The following requirements must be met: 1) Pay the agreed amounts for the interest in the land and/or the mortgage to be insured. 2) Pay us the premiums, fees and charges for the policy. 3) If the insured premises include a mobile or manufactured home that has not been permanently affixed to the premises, Company will not issue a final policy of title insurance and any and all obligations created under this commitment will be void. 4) Instrument(s) creating the estate or interest (Title) to be insured, executed, delivered and recorded in the Public Records of the appropriate county 5) Pay all taxes, charges, and assessments affecting the land that are due and payable. 6) Duly executed Title/Owner’s Affidavit. 7) Documents for recordation pertinent to this transaction are required to be presented for recording in the format required by the appropriate county recording jurisdiction 8) Tax Information to follow as Exhibit B. 9) A judgment search has been performed in the county land records, for Frances I Joseph and Alfonso Joseph. Results of this search for the name of Frances I Joseph and Alfonso Joseph will be named in this commitment, if any. (All results herein are for information purposes only and are not warranted for content, accuracy or any other implied or explicit purpose) 10) Company requires a Mortgage, deed of trust, security instrument in the amount of $314,000.00 from ALFONSO JOSEPH AND FRANCES JOSEPH to National Bank of Kansas City STG, be executed, and delivered in recordable form. 11) Obtain and File Satisfactory resolution of the following matters:
Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
American Land Title Association
ALTA Commitment Form Adopted 6-17-06
a) Company requires evidence of satisfaction or release of a mortgage from ALFONSO JOSEPH AND FRANCES JOSEPH (borrower) dated June 24, 2005 and recorded on July 13, 2005 in (instrument) 89261, of the official property records of BERGEN County, NJ in the amount of $340,000.00 and in favor of MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS A NOMINEE FOR MORTGAGE CAPITAL ASSOCIATES, INC. (lender) b) CLEARANCE OF ALL PARTIES TO TRANSACTION OF THE SPECIALLY DESIGNATED NATIONALS & BLOCKED PERSONS DATABASE. (PATRIOT ACT) SEARCHED FOR “FRANCES I JOSEPH AND ALFONSO JOSEPH” : NO RESULTS FOUND. (ALL RESULTS HEREIN ARE FOR INFORMATION PURPOSES ONLY AND ARE NOT WARRANTED FOR CONTENT, ACCURACY OR ANY OTHER IMPLIED OR EXPLICIT PURPOSE) c) As of the effective date of this commitment no bankruptcy filing on behalf of FRANCES I JOSEPH AND ALFONSO JOSEPH, Debtor, in the State of NJ appear of record. Any claim because of or arising out of any bankruptcy proceeding that was not disclosed by filed notice from the Federal District Court, for the State of NJ Bankruptcy Divisions, is hereby excluded from coverage. (All results herein are for information purposes only and are not warranted for content, accuracy or any other implied or explicit purpose) 12) The Company requires that a Notice of Settlement be filed pursuant to NJSA 46:16A-1 et. seq. prior to closing. The Notice should be file as nearly as possible to, but not more than 45 days prior to, the anticipated closing date. Should the anticipated closing not close within 45 days of the filing of the Notice of Settlement, another Notice must be filed. If both a deed and mortgage are to be insured, two Notices of Settlement must be filed, one for the deed and one for the mortgage. Copies of filed Notices must be provided to the Company as part of the post closing package
Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
American Land Title Association
ALTA Commitment Form Adopted 6-17-06
FIDELITY NATIONAL TITLE INSURANCE COMPANY AS ISSUING AGENT 1-800-943-1196 Issued by Fidelity National Agency Solutions
Title No STG-29063851 SCHEDULE B – SECTION II EXCEPTIONS 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) Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records
or attaching subsequent to the Effective Date but prior to the date the proposed Insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. 2) Any lien, or right to alien, for services, labor or material heretofore or hereafter furnished, imposed by law and not
shown by the public records. 3) Any encroachment, conflicts in boundary lines, discrepancies, easements, measurement, encumbrance, violation,
variation, adverse circumstance or other state of facts affecting the title that would be disclosed by an accurate and complete survey of the land. The term “encroachment” includes encroachments of existing improvements located on the land onto adjoining land, and encroachments onto the land of existing improvements located on adjoining land. 4) The exact acreage or square footage of the premises will not be insured. 5) Rights, facts, interests or claims of present tenants, lessees or parties in possession which are not shown by the
Public Records, but which could be ascertained by an inspection of said Land or by making inquiry of persons in possession thereof. 6) Streams, riparian rights, littoral rights and the title to any filled-in-lands. 7) Taxes or special assessments which are not shown as existing liens by the public records. 8) Covenants, conditions and restrictions, if any, appearing in the public records. 9) Any easements or servitudes appearing in the public records. 10) Any lease, grant, exception or reservation of minerals or mineral rights appearing in the public records. 11) Homeowner’s or other association dues, assessments or fees for which no notice of delinquency, lien, claim of lien
or assessment has been filed of record in the real property records.
Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
American Land Title Association
ALTA Commitment Form Adopted 6-17-06
12) Any matters listed as requirements on Schedule B-I that are not resolved to the satisfaction of Company will be
shown as an exception on final policy. 13) NOTE: ACCORDING TO THE PUBLIC RECORDS, THERE HAVE BEEN NO DEED CONVEYING THE
LAND DESCRIBED HEREIN WITHIN A PERIOD OF TWENTY FOUR (24) MONTHS PRIOR TO THE DATE OF THIS REPORT, EXCEPT AS FOLLOWS: NO RESULTS FOUND.
Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
Effective Date: 5/1/2008 Fidelity National Financial, Inc. Privacy Statement Fidelity National Financial, Inc. and its subsidiaries (“FNF”) respect the privacy and security of your non-public personal information (“Personal Information”) and protecting your Personal Information is one of our top priorities. This Privacy Statement explains FNF’s privacy practices, including how we use the Personal Information we receive from you and from other specified sources, and to whom it may be disclosed. FNF follows the privacy practices described in this Privacy Statement and, depending on the business performed, FNF companies may share information as described herein. Personal Information Collected We may collect Personal Information about you from the following sources:
Information we receive from you on applications or other forms, such as your name, address, social security number, tax identification number, asset information, and income information; Information we receive from you through our Internet websites, such as your name, address, email address, Internet Protocol address, the website links you used to get to our websites, and your activity while using or reviewing our websites; Information about your transactions with or services performed by us, our affiliates, or others, such as information concerning your policy, premiums, payment history, information about your home or other real property, information from lenders and other third parties involved in such transaction, account balances, and credit card information; and Information we receive from consumer or other reporting agencies and publicly recorded documents.
Disclosure of Personal Information We may provide your Personal Information (excluding information we receive from consumer or other credit reporting agencies) to various individuals and companies, as permitted by law, without obtaining your prior authorization. Such laws do not allow consumers to restrict these disclosures. Disclosures may include, without limitation, the following:
To insurance agents, brokers, representatives, support organizations, or others to provide you with services you have requested, and to enable us to detect or prevent criminal activity, fraud, material misrepresentation, or nondisclosure in connection with an insurance transaction; To third-party contractors or service providers for the purpose of determining your eligibility for an insurance benefit or payment and/or providing you with services you have requested; To an insurance regulatory authority, or a law enforcement or other governmental authority, in a civil action, in connection with a subpoena or a governmental investigation; To companies that perform marketing services on our behalf or to other financial institutions with which we have joint marketing agreements and/or To lenders, lien holders, judgment creditors, or other parties claiming an encumbrance or an interest in title whose claim or interest must be determined, settled, paid or released prior to a title or escrow closing.
We may also disclose your Personal Information to others when we believe, in good faith, that such disclosure is reasonably necessary to comply with the law or to protect the safety of our customers, employees, or property and/or to comply with a judicial proceeding, court order or legal process. Disclosure to Affiliated Companies – We are permitted by law to share your name, address and facts about your transaction with other FNF companies, such as insurance companies, agents, and other real estate service providers to provide you with services you have requested, for marketing or product development research, or to market products or services to you. We do not, however, disclose information we collect from consumer or credit reporting agencies with our affiliates or others without your consent, in conformity with applicable law, unless such disclosure is otherwise permitted by law. Disclosure to Nonaffiliated Third Parties – We do not disclose Personal Information about our customers or former customers to nonaffiliated third parties, except as outlined herein or as otherwise permitted by law. Confidentiality and Security of Personal Information We restrict access to Personal Information about you to those employees who need to know that information to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard Personal Information. Access to Personal Information/ Requests for Correction, Amendment, or Deletion of Personal Information As required by applicable law, we will afford you the right to access your Personal Information, under certain circumstances to find out to whom your Personal Information has been disclosed, and request correction or deletion of your Personal Information. However, FNF’s current policy is to maintain customers’ Personal Information for no less than your state’s required record retention requirements for the purpose of handling future coverage claims. For your protection, all requests made under this section must be in writing and must include your notarized signature to establish your identity. Where permitted by law, we may charge a reasonable fee to cover the costs incurred in responding to such requests. Please send requests to: Chief Privacy Officer Fidelity National Financial, Inc. 601 Riverside Avenue Jacksonville, FL 32204 Changes to this Privacy Statement This Privacy Statement may be amended from time to time consistent with applicable privacy laws. When we amend this Privacy Statement, we will post a notice of such changes on our website. The effective date of this Privacy Statement, as stated above, indicates the last time this Privacy Statement was revised or materially changed.
FIDELITY NATIONAL TITLE INSURANCE COMPANY AGENT AND BRANCH CLOSING PROTECTION LETTER
CPL DATE: 11/20/2009 (The coverage provided by this letter expires 01/14/2010 AT 11:59PM, 45 days from the date of this CPL ATTENTION: ����� ISSUING AGENT OR APPROVED ATTORNEY: National Bank of Kansas City STG Security Title Guaranty Company, 1805 Shea Center Drive, Suite 130, Highlands Ranch, CO 80129, an authorized Settlement Agent for Fidelity National Title Insurance c/o Fidelity National Agency Solutions, a division of Fidelity National Title Insurance 6500 Pinecrest Drive, Suite 600, Plano, TX 75024 Transaction (hereafter, “the Real Estate Transaction”): 199 Saddle River Road, Saddle Brook, NJ 07663 Re: Closing Protection Letter: Frances I Joseph and Alfonso Joseph Loan#: Title No.: STG-29063851 To Whom It May Concern: When title insurance of Fidelity National Title Insurance (“Company”) is specified for your protection in connection with the closing of the above described real estate transaction in which you are to be a lender secured by a mortgage of an interest in land, the Company, subject to the Conditions and Exclusions set forth below, hereby agrees to reimburse you for actual loss incurred by you in connection with that closing when conducted by the above named Issuing Agent (an agent authorized to issue title insurance for the Company) of Fidelity National Title Insurance or the above named Attorney and when such loss arises out of: 1. 2.
Failure of the Issuing Agent or Attorney to comply with your written closing instructions to the extent that they relate to (a) the title to said interest in land or the validity, enforceability and priority of the lien of said mortgage on said interest in land including the obtaining of documents and the disbursement of funds necessary to establish such status of title or lien, or (b) the collection and payment of funds due you, or Fraud of or misapplication by the Issuing Agent or Attorney in handling your funds or documents in connection with the matters set forth in numbered paragraph 1 above.
If you are a lender protected under the foregoing paragraph, your borrower in connection with a loan secured by a mortgage on a one to four family dwelling, which is the principal residence of the borrower, shall be protected, but only to the extent of the foregoing paragraph 2, as if this letter were addressed to your borrower. If you are a purchaser of a one to four family dwelling, including a condominium unit, which is your principal residence, and are paying cash for the purchase, you are protected, but only to the extent of the foregoing paragraph 2. Conditions and Exclusions A. The Company will not be liable to you for loss arising out of: 1. Failure of the Issuing Agent or Attorney to comply with your closing instructions which require title insurance protection inconsistent with that set forth in the title insurance binder or commitment issued by the Company. Instructions which require the removal of specific exceptions to title or compliance with the requirements contained in said binder or commitment shall not be deemed to be inconsistent. 2. Loss or impairment of your funds in the course of collection or while on deposit with a bank due to bank failure, insolvency or suspension, except such as shall result from failure of the Issuing Agent or the Attorney to comply with your written closing instructions to deposit the funds in a bank which you designated by name. 3. Mechanics’ and materialmens’ liens in connection with your purchase or lease or construction loan transactions, except to the extent that protection against such liens is afforded by a title insurance binder, commitment or policy of the Company. B. If the closing is to be conducted by an Issuing Agent or Attorney, a title insurance binder or commitment for the issuance of a policy of title insurance of the Company must have been received by you prior to the transmission of your final closing instructions to the Issuing Agent or Attorney. C. When the Company shall have reimbursed you pursuant to this letter, it shall be subrogated to all rights and remedies which you would have had against any person or property had you not been so reimbursed. Liability of the Company for such reimbursement shall be reduced to the extent that you have knowingly and voluntarily impaired the value of such right of subrogation. D. Any liability of the Company for loss incurred by you in connection with closings of real estate transactions by an Issuing Agent or Attorney shall by limited to the protection provided by this letter. However, this letter shall not affect the protection afforded by a title insurance binder, commitment or policy of the Company. E. Claims shall be made promptly to the Company at its principal office at P.O. Box 45023, Jacksonville, Florida 32232-5023. When the failure to give prompt notice shall prejudice the Company, then liability of the Company hereunder shall be reduced to the extent of such prejudice. F. Liability under this letter is limited to the amount of insurance committed for and is subject to all of the Exclusions from Coverage and Conditions and Stipulations of the policy or policies committed to be issued by the Company. Any payment of loss under this letter shall constitute a payment under the policy, and vice versa. THIS LETTER DOES NOT APPOINT THE ABOVE NAMED ATTORNEY AS AN AGENT OF Fidelity National Title Insurance. The protection under this Closing Service Letter is limited to the closing on the premises described in the caption of this letter. Fidelity National Title Insurance BY: ______________________________________________ Michele W. Jorgensen, Senior Vice President
LETTER ID: STG-29063851 Please direct all correspondence and inquiries to: 6500 Pinecrest Drive, Suite 600, Plano, TX 75024 Telephone- 800-943-1196- Fax-972-473-1323 THIS LETTER IS ONLY AUTHORIZED IN New Jersey
RECORDING REQUESTED BY: Frances I Joseph and Alfonso Joseph WHEN RECORDED MAIL TO: Frances I Joseph and Alfonso Joseph 199 Saddle River Road, Saddle Brook, NJ 07663 _______________________________________________________________________________ NON DURABLE LIMITED POWER OF ATTORNEY CAUTION: THIS IS AN IMPORTANT DOCUMENT. IT GIVES THE PERSON WHOM YOU DESIGNATE (YOUR "AGENT" OR "ATTORNEY IN FACT" HEREINAFTER CALLED “AGENT/AIF”) CERTAIN LIMITED POWERS TO ACT ON YOUR BEHALF FOR A SPECIFIC TRANSACTION DURING A CERTAIN PERIOD OF TIME, WITH RESPECT TO ANY LOSS OF, MISPLACEMENT OF, INACCURACY IN, OR FAILURE TO SIGN THE DOCUMENTS SPECIFIED BELOW. YOUR AGENT/AIF WILL CONTINUE TO HAVE THESE POWERS AFTER THE LOAN CLOSING, FOR THE LIMITED PURPOSE TO REPLACE OR CORRECT SUCH DOCUMENTS IF THE DOCUMENT CORRECTION/COMPLETION IS NECESSARY TO COMPLETE THE RECORDING OF THE SECURITY INSTRUMENT/CONVEYANCE DEED OR OTHER DOCUMENTS SPECIFIED BELOW. IF THE ATTORNEY IN FACT HAS ACTUAL KNOWLEDGE OF ANY INCOMPETENCE BEFORE, DURING OR AFTER CLOSING, THE POWERS CONTAINED HEREIN WILL CEASE TO EXIST. IF YOU DO NOT UNDERSTAND THE PURPOSE OR EFFECT OF THIS FORM, YOU SHOULD CONSULT AN ATTORNEY. TRANSACTION SPECIFICS Principal: Secured Property Address
ALFONSO JOSEPH AND FRANCES JOSEPH 199 Saddle River Road, Saddle Brook, NJ 07663
Lender: Loan Number
National Bank of Kansas City STG Loan Amount
BE IT KNOWN, that I / We, ALFONSO JOSEPH AND FRANCES JOSEPH Whose residence address is: 199 Saddle River Road, Saddle Brook, NJ 07663
$314,000.00
Make and appoint, as my / our true and lawful Attorneys in Fact or Agents to act for me / us in my / our name(s), place and stead, the following persons who are employees of Fidelity National Financial, Inc, namely: Adeline Gibson, Elizabeth McCool, Michele Jorgensen, or Pamela Hogan-Hicks, whose business address is 6500 Pinecrest Drive, Suite 600, Plano, TX 75024. Each of my / our agents may exercise the powers conferred in this power of attorney separately, without the consent of the other agent. My /Our agents may delegate the powers, tasks and duties to one of the other agents but to no other person. My / Our Agents/AIFs may exercise the powers to accomplish the following specific and limited purposes: (A)
With respect to any loss of, misplacement of, inaccuracy in, or failure to sign the documents specified below to execute, initial or take all necessary actions for correction purposes only to secure the interest of National Bank of Kansas City STG in the property located at 199 Saddle River Road, Saddle Brook, NJ 07663 as insured by Fidelity National Title Insurance: 1.
Security Instrument to National Bank of Kansas City STG in the amount of $314,000.00 dollars which has been executed on ______________by ALFONSO JOSEPH AND FRANCES JOSEPH ______________________;
2.
Deed conveying the Secured Property from _______________________________________ to _______________________________________ executed on ___________. THIS IS ONLY NECESSARY IF A DEED IS BEING USED IN THE TRANSACTION.
2.
Documents required by any governmental or taxing authorities to complete the recording of the Security Instrument and Conveyance Deed as stated in paragraph (A) (1) and (A) (2) above;
Further giving and granting said Agent/AIF, full power and authority to do and perform all and every act and thing whatsoever necessary to be done in and about the specific and limited premises (setout herein) as fully, to all intents and purposes, as might or could be done if personally present, with full power of substitution and revocation, hereby ratifying and confirming all that said attorney in fact (also called agent) should lawfully do or cause to be done by virtue hereof. This Power of Attorney is effective immediately and is limited to the specific transaction described above. This Power of Attorney shall not be effective in the event of my / our disability or incapacity. This Power of Attorney will terminate upon the proper recording of all documents (as stated above in Section A of this Power of Attorney) necessary or requested as part of this transaction by the title insurer, lender or other parties to the transaction, except with respect to any loss of, misplacement of, inaccuracy in, or failure to sign the documents listed in Section A of this Power of Attorney, these powers will continue to exist for the limited purpose to replace or correct such documentation. I / We acknowledge that I / We have agreed to and assume the obligations, terms and conditions of the sale and/or loan transaction as described in the documents executed by me / us (or my representative) at closing. I / We understand that my / our Agent/AIF is exercising his/her power for the sole purpose of resolving clerical matters as described in Section A. Conflict of Interest Disclosure. I / We understand that Fidelity National Financial, Inc. or one of its subsidiaries receives fees for escrow, title insurance premium, and title services from the closing. I / We further understand that these fees will be detailed on my / our Settlement Statement that accompanies my / our loan documents. TO INDUCE ANY THIRD PARTY TO ACT, I / WE AGREE THAT ANY THIRD PARTY RECEIVING AN EXECUTED COPY OR FACSIMILE OF THIS INSTRUMENT MAY ACT ON THIS INSTRUMENT. ANY REVOCATION OR TERMINATION OF THIS INSTRUMENT WILL BE INEFFECTIVE AS TO SUCH THIRD PARTY UNTIL SUCH THIRD PARTY HAS ACTUAL OR CONSTRUCTIVE NOTICE OF SUCH REVOCATION OR TERMINATION. I / WE, FOR MYSELF / OURSELVES AND FOR MY / OUR HEIRS, EXECUTORS, LEGAL REPRESENTATIVES AND ASSIGNS, AGREE TO INDEMNIFY AND HOLD HARMLESS ANY SUCH THIRD PARTY FROM AND AGAINST ANY AND ALL CLAIMS THAT MAY ARISE AGAINST SUCH THIRD PARTY BY REASON OF SUCH THIRD PARTY HAVING REASONABLY RELIED ON THE PROVISIONS OF THIS INSTRUMENT. I / We, ALFONSO JOSEPH AND FRANCES JOSEPH , the principal, sign my / our name to this power of attorney this day of , 2009, and, being first duly sworn, do declare to the undersigned authority that I / We sign and execute this instrument as my / our power of attorney for a refinance and that I / We sign it willingly, or willingly direct another to sign for me / us, that I / We execute it as my / our free and voluntary act for the purposes expressed in the power of attorney and that I / We am eighteen years of age or older, of sound mind and under no constraint or undue influence.
PRINCIPAL
PRINCIPAL ACKNOWLEDGMENT
State of ____________________________ County of ___________________________ Subscribed, sworn to and/or acknowledged before me by , the principal this day of and proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Evidence of identification was . I certify under PENALTY OF PERJURY under the laws of the state where the property is located that the foregoing paragraph is true and correct WITNESS my hand and official seal. ________________________________________ NOTARY COMMISSION EXPIRES ___________________