1993-03-23 RyanFiIP No. CLTIC -710 X7JiKffdtMHXNKX
Schedule B — Section 1
The following are the requirements to be complied with:
1. Instrument creating the estate or interest to be insured must be executed and filed for record, to -wit:
a) Need copy of Bankruptcy Court Order 489- 80744, (Kelly Ryan Equipment Co.) authorizing
the sale of the proposed insured tracts shown on Schedule A, Item 4, EXHIBIT "A" to the
City of Blair.
b) Need release of District Court Case Washington County, Nebraska, 410168 - State of
Nebraska ex rel., Dennis Grams, Director of Department of Environmental Control -vs-
Drum Industries, Inc., a Nebraska Corporation. Judgment entered 7/19/90.
NOTE: Drum Industries appears to have been located upon a portion of TL195 in Sec.
7- 18 -12.
2. Pay the full consideration to, or for the account of, the grantors or mortgagors.
3. Pay all taxes, charges, assessments, levied and assessed against subject premises, which are due and payable.
4. Satisfactory evidence should be had that improvements and /or repairs or alterations thereto are completed; that contractor,
sub - contractors, labor and materialmen are all paid; and have released of record all liens or notice of intent to perfect a
lien for labor or material.
Item (5) Need warranty deed from Georgia Mardelle Ryan and Kelly P. Ryan, wife and husband, to
CITY OF BLAIR, conveying the proposed insured premises on Schedule A, Item 4, EXHIBIT
"A ", TRACT A.
Item (6) Need certificate in good standing for GREATER BLAIR CORPORATION, from Secretary of
State, State of Nebraska.
Item (7) Need warranty deed from Greater Blair Corporation, by duly authorized President to
KELLY RYAN EQUIPMENT CO., conveying the proposed insured premises on Schedule A, Item
4, EXHIBIT "A ", TRACT C.
Item (8) Need deed of reconveyance for DEED OF TRUST in Book 164, Page 495, to release Tax
Lot 69 (of the proposed insured premises on Schedule A, Item 4, Exhibit "A ", TRACT B);
dated 5/4/87, filed 5/5/87, given by Kelly Ryan Equipment Company, a Nebraska Corpor-
ation, by James P. Ryan, President, to Steven J. Woolley, Attorney at Law, Trustee,
and NORTHERN BANK, Beneficiary, in the principal sum of $588,000.00. ACKNOWLEDGMENT
in Book 164, Page 494, dated 5/4/87, filed 5/5/87.
NOTE: Pending Suit 410823 - Washington County District Court - Warren Larson,
Plaintiff -vs- Kelly Ryan Equipment CO., Defendant. Petition filed 1/24/92.
NM 6
ALTA Commitment
Schedule B - Section 1
Form 1004-5
ORIGINAL
Schedule B — Section 2
File No. CLTIC -710
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. Easements or claims of easements not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and in-
spection of the premises would disclose and which are not shown by the public records.
4. Any lien or right to a lien for services, labor, or materials heretofore or hereafter furnished, imposed by law and not shown
by the public records.
5. 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.
SPECIAL EXCEPTIONS
(Special exceptions are those defects disclosed by a search of the title to this property for which no coverage is provided by
this policy.)
6. ANY and all unpaid taxes, special assessments or unredeemed tax sales:
SEE EXHIBIT "B ", herein attached.
ANY AND ALL SPECIAL ASSESSMENTS DUE, PLUS INTEREST, ON THE PROPOSED INSURED
PREMISES SHOWN ON SHCEDULE A, ITEM 4, EXHIBIT "A ".
7. RIGHT OF WAY in Book J, Page 175, filed 4/5/1941, Retta Gray to SOCONY- VACUUM OIL
COMPANY, INC., its successors and assigns.
8. RIGHT OF WAY in Book 8, Page 467, dated 6/15/1868, filed 9/10/1868, James Stewart and
wife to SIOUX CITY & PACIFIC RAILROAD CO.
9. RIGHT OF WAY AGREEMENT in Book K, Page 444, dated 10/3/1945, filed 10/31/1945, Hans
Stemmermann to GREAT LAKES PIPE LINE COMPANY, its successors and assigns.
10. RIGHT OF WAY GRANTS in Book Q, Pages 349 -355, dated 11/30/1959, filed 1/14/1960,
Socony Mobil Oil Company, Inc., by D.R. Lamont, Vice Pres. to MAGNOLIA PIPE LINE
COMPANY, its successors and assigns; assigns right of ways in Book J, Page 175 and
others.
11. CONVEYANCE & ASSIGNMENT in Book R, Pages 467 -475, dated 3/15/66, filed 4/4/66, wherein
Great Lakes Pipe Line Company assigns to WILLIAMS BROTHERS PIPE LINE COMPANY, its
successors and assigns, certain right of ways one being in Book K, Page 444 and others.
12. RIGHT OF WAY GRANT in Book 71, Page 122, dated 8/7/1931, filed 3/23/1967, Retta Gray
and A.T. Gray, wife and husband, and Dorothy Gray, single, to the CITY OF BLAIR, its
successors and assigns.
13. TRANSMISSION LINE EASEMENT in Book S, Pages 567 -568, dated 6/27/68, filed 8/12/68,
Hans Stemmermann to OMAHA PUBLIC POWER DISTRICT, its successors and assigns.
NOTE: Standard Exception(s) will not appear on the Loan Policy to be issued hereunder.
American Land Title Association Commitment - 1966
Schedule B - Section 2
Form 1004 -33 ORIGINAL
EXHIBIT "B"
TRACT A: (L42 "66" Hgts.) - 1991 and all prior taxes shown paid;
(Outlot 'C' "66" Hgts.) - no taxes shown.
TRACT B: (TL 69 Sec.2- 18 -11, Blair) - Taxes shown exempt.
TRACT C: (TL 160 Sec.7- 18 -12) - 1991 and all prior taxes shown paid.
TRACT D: (TL 227 Sec.7 -18 -12 [formerly part of TL 162 of said Sec.7]) - 1991
and all prior taxes shown paid;
(TL 163 Sec.7- 18 -12) - 1991 and all prior taxes shown paid;
(TL 192 & 193 Sec.7- 18 -12) -1991 and all prior taxes shown paid;
(TL 195 Sec.7- 18 -12) - 1991 and all prior taxes shown paid.
File No. CLTIC -710
SCHEDULE B - Section 2 - Exceptions - Page 2:
(continued)
rAXXXXXX
14. RIGHT OF WAY AND EASEMENT GRANT in Book T, Pages 653 -656, dated 11 /20/69, filed
11/25/69, Kelly P. Ryan and Mardelle Ryan, husband and wife, to GULF CENTRAL PIPE-
LINE COMPANY, its successors and assigns.
15. RIGHT OF WAY AGREEMENT in Book Y, Pages 153 -154, dated 2/28/75, filed 3/20/75,
Greater Blair Corporation, by Kelly P. Ryan, President to WILLIAMS PIPE LINE
COMPANY, its successors and assigns.
16. EASEMENT in Book 131, Pages 467 -468, dated 3/24/81, filed 3/25/81, Board of Supervisors
of Washington County, by Jack P. Jensen, County Board Chairman, to CITY OF BLAIR,
Nebraska.
17. EASEMENT In Book 135, Page 418, dated 4/6/82, filed 4/7/82, Greater Blair Corp, by
Kelly P. Ryan, President to BLAIR TELEPHONE COMPANY, its successors and assigns.
18. EASEMENT in Book 135, Page 451, dated 4/9/82, filed 4/9/82, Mary Maude Hansen to
BLAIR TELEPHONE COMPANY, its successors and assigns.
19. ASSIGNMENT OF RIGHT OF WAY in Book 143, Pages 758 -765, dated 10/31/83, filed 12/29/83,
wherein Mobil Pipe Line Company assigns to WILLIAMS PIPE LINE COMPANY, its successors
and assigns, certain right of ways one being in Book J, Page 175.
20. LOCATION NOTIFICATION in Book 198, Pages 218 -219, filed 12/5/91, wherein Mid - America
Pipeline Company, Tulsa, Oklahoma lists a ROW easement pipeline entering at Section 2,
Township 18 North, Range 11, East and continues through Sec. 1 along with other
easements.
21. DEDICATION PLAT in Book 71, Page 295, dated 7/22/69, filed 8/22/69.
22. PLAT OF "66" HEIGHTS to the City of Blair, in Book 71, Page 370, filed 12/23/70,
shows City Planning Board approval 12/2/70; City Council approval 12/22/70.
23. EASEMENT in Book W, Pages 576 -579, dated 10/10/72, filed 4/5/73, Georgia Mardelle
Ryan and Kelly P. Ryan, to CITY OF BLAIR, its successors and assigns.
24. RESTRICTIVE COVENANTS in Book 71, Pages 371 -374, dated 11/28/70, filed 12/23/70.
25. District Court , Washington County, Nebraska, Case #10168, as shown on Schedule B-
Section 1, Requirements, Item 1 (b).
26. DEED OF TRUST in Book 164, Page 495, and ACKNOWLEDGMENT in Book 164, Page 494, as
shown on Schedule B- Section 1, Requirements, Item (7).
27. Kelly Ryan Equipment Co., Bankruptcy #89- 80744, as shown on Schedule B- Section 1,
Requirements, Item 1 (a).
Form 2002 (Continuation)
ORIGINAL
EXHIBIT "A"
TRACT A - Lot Forty -two (42) and Outlot 'C' in "66" Heights, City
of Blair, Washington County, Nebraska.
0
TRACT B - Tax Lot Sixty- nine(69) in Section 2, Township 18 North.,
Range 11 East of the 6th P.M., City of Blair, Washington
County, Nebraska.
TRACT C - Tax Lot One Hundred Sixty (160) in Section 7, Township 18
North, Range 11 East of the 6th P.M., Washington County,
Nebraska.
TRACT D - Tax Lots 227 (formerly part of TL 162 of said Sec.7), 163,
192, 193 and East 20 acres of Tax Lot 195 in Section 7,
Township 18 North, Range 12 East of the 6th P.M., Washington
County, Nebraska.
C
COMMITMENT FOR TITLE INSURANCE
"xxExMxKM6.
FILE NO. CLTIC -710
SCHEDULE A
1. Effective Date: 4th day of November, 1992 at 8:00 A. •M•
2. Policy or Policies to be issued:
(a) )U ALTA Owner Policy (10- 17 -87) $
Proposed Insured: THE CITY OF BLAIR, NEBRASKA,
a Municipal Corporation.
(b) ❑ ALTA Loan Policy (10- 17 -87)
Proposed Insured: N /A.
Amount
3. The estate or interest in the land described or referred to in this Commitment and covered herein is fee simple
and is at the effective date hereof vested in
TRACT A — GEORGIA MARDELLE RYAN.
TRACT B — THE CITY OF BLAIR, NEBRASKA, a Municipal Corporation.
TRACT C — GREATER BLAIR CORPORATION, a Nebraska Corporation, now dissolved.
TRACT D — THE CITY OF BLAIR, NEBRASKA, a Municipal Corporation.
4. The land referred to in this Commitment is situated in the County of Washington
State of Nebraska , and described as follows:
SEE EXHIBIT "A ", herein attached.
Countersigned:
NM 6 (10 -85) PA 3
ALTA Commitment
Schedule A
Form 1004 -4
WASHINGTON COUNTY ABSTRACT AND TITLE COMPANY.
Authorized Officer or Agent
Valid Only If Schedule B and Cover Are Attached
ORIGINAL
Fi ce l Efiff BRAM01 l
File No. CLTIC -710
9AMAXXXXX
SCHEDULE B - Section 2 - Exceptions - Page 3:
(continued)
28. ZONING ORDINANCES: City Zoning Ordinances - Ordinance #1064 in Book 71, Page 467,
dated 8/22/72, filed 10/13/72; Amendment in Book 134, Page 496, dated 12/29/81,
filed 1/8/82; City Zoning Resolution in Book 135, Page 316, filed 3/26/82;
Ordinance #1089 in Book 71, Page 547, filed 6/15/73; Resolution in Book 71, Page
286, filed 6/3/69; Resolution in Book 71, Page 271, filed 4/16/69; Ordinance #955
in Book 71, Page 266, filed 4/16/69; Resolution in Book 71, Page 159, filed 11/24/67;
Ordinance #935 in Book 71, Page 276, filed 5/14/69; Ordinance 4965 in Book 71, Page
288, filed 6/3/69.
Foray 2002 (Continuation)
ORIGINAL
• t •
Commonwealth Land Title Insurance Company, a Pennsylvania corporation, herein called the company, for a valuable con-
sideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed
Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred
to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedules A and B and
to the Conditions and Stipulations hereof.
This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies
committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment
or by subsequent endorsement.
This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations
hereunder shall cease and terminate 120 days after the effective date hereof or when the policy or policies committed for shall
be issued, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the company.
IN WITNESS WHEREOF, the said Company has caused its Corporate Name and Seal to be hereunto affixed; this instrument,
including Commitment, Conditions and Stipulations attached, to become valid when countersigned by an Authorized Officer or
Agent of the Company.
COMMONWEALTH LAND TITLE INSURANCE COMPANY
Attest: / B
lj Y President
Secretary
Conditions and Stipulations
1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument.
2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter
affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B
hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for
any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose
such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise
acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option
may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability
previously incurred pursuant to paragraph 3 of these Conditions and Stipulations.
3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included
under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance
hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in
Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event
shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is
subject to the insuring provisions, the Conditions and Stipulations, and the Exclusions from Coverage of the form of policy
or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part
of this Commitment except as expressly modified herein.
4. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out
of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must
be based on and are subject to the provisions of this Commitment.
PA 3
American Land Title Association Commitment - 1966
Cover Page
Form 1004 -8
KEEP ME
This is your legal description for your Real Estate, and
you will always have it for future use.
City of Blair, Nebraska
Lot 42 and`Outlot C in Sixty -six
Heights Add, City of Blair
CHARLOTTE L. PETERSEN
County Clerk & Register of Deeds j
Blair, Nebraska 68008
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