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  • CV-22-970420 document preview
  • CV-22-970420 document preview
  • CV-22-970420 document preview
  • CV-22-970420 document preview
  • CV-22-970420 document preview
  • CV-22-970420 document preview
  • CV-22-970420 document preview
  • CV-22-970420 document preview
						
                                

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( CV22970420 131962076 131962076 k IN THE COURT OF COMMON PLEAS CUYAHOGA COUNTY, OHIO . OAKSHORE GREEN ) CASE NO; CONDOMINIUM ASSOCIATION, ) INC. ) JUDGE ) Plaintiff ) ) -vs.’ ) ' ' ) INSTRUCTIONS FOR SERVICE ' DEXTER J. HAMMETT, et al. Defendants. To the Clerk of Court: Please issue service of the Complaint of Plaintiff, The Oakshore Green Condominium Association, Inc., via Personal Service by Sheriff to the following parties at the addresses listed below: 2. Raquel C. Eatmon, 11 Oakshore Drive, Bratenahl, OH 44108 Please issu the Complaint of Plaintiff, The Oa Green Condomini nc., via Certified Mai Receipt Requested to the following partiel es liste 1. State of Ohio Department of Ta \ttorney General Revenue, 150 East Gay Street, 21st Floor, Q KAMAN & CUSIMANO, LLC Isl Shannon M. McCormick Darcy Mehling Good (0068249) Shannon M. McCormick (0084855) Attorneys for Plaintiff 50 Public Square, Suite 2000 Cleveland, OH 44113 / Electronically Filed 10/25/2022 16:21/CV 22 970420/ ConfirmaMr^fe^^AX (216) 771’8478 kcattorney@kamancus. com THE COURT OF COMMON PLEAS, CIVIL DIVISION CUYAHOGA COUNTY, OHIO Clerk of Courts | The Justice Center | 1200 Ontario Street 1st Floor, Cleveland, Ohio 44113 OAKSHORE GREEN CONDOMINIUM CASE NO. CV22970420 ASSOCIATION, INC Plaintiff JUDGE WILLIAM F. B. VODREY V. DEXTER J. HAMMETT. ET AL SUMMONS sumc sh Defendant Notice ID: 48932691 48932691 From: OAKSHORE GREEN CONDOMINIUM P1 Atty.: DARCY MEHLING GOOD ASSOCIATION, INC. 50 PUBLIC SQUARE, SUITE 2000 50 PUBLIC SQUARE SUITE 2000 CLEVELAND OH 44113 CLEVELAND, OH 44113-0000 To: RAQUEL C. EATMON D2 11 OAKSHORE DRIVE BRATENAHL OH 44108 NOTICE TO THE DEFENDANT: The Plaintiff has filed a lawsuit against you in this Court. You are named as a defendant. A copy of the Complaint is attached. If you wish to respond to the Complaint, you must deliver a written Answer to the Plaintiff’s attorney (or the Plaintiff if not represented by an attorney) at the above address within 28 days after receiving this Summons (not counting the day you received it). A letter or a phone call will not protect you. Civil Rule 5 explains the ways that you may deliver the Answer (http://www.supremecourt.ohio.gov/LegalResources/Rules/civil/CivilProcedure.pdf ) You must also file a copy of your Answer with this Court within 3 days after you serve it on the Plaintiff. You can file your Answer with the Clerk of Courts by one of the following methods: 1) In-person or by mail at the above address or 2) electronically through the online e-Filing system. For more information on using the e-Filing system, visit http://coc.cuyahogacounty.us/en-US/efiling.aspx. If you fail to serve and file yourAnswer, you will lose valuable rights. The Court will decide the case in favor of the Plaintiff and grant the relief requested in the Complaint by entering a default judgment against you. You may wish to hire an attorney to represent you. Because this is a civil lawsuit, the Court cannot appoint an attorney for you. If you need help finding a lawyer, contact a local bar association and request assistance. Nailah K. Byrd Clerk of Court of Common Pleas 216-443-7950 Date Sent: 10/26/2022 By Deputy CMSN130 Cuyahoga County Clerk of Courts Nailah K. Byrd Multilingual Notice: You have been named as a defendant in this Court. You must file an answer within 28 days; if you fail to answer, the Court may enter judgment against you for the relief stated in the Complaint. Seek assistance from both an interpreter and an attorney. Your inability to understand, write, or speak English will not be a defense to possible judgment against you. 1. Spanish (US) ***Aviso multilingue: Este Tribunal Io ha dedarado como acusado. Debe presentar una respuesta en un plazo de 28 dias. Si no contesta en dicho plazo, el Tribunal podra dictar sentencia en su contra por el amparo que s'e d eta I la en la demanda. So licite la ayuda de un interprete y de un abogado. Su incapacidad para cdmprender, escribir o hablar ingles no se considerara como defensa ante una posible sentencia en su contra. 2. Somali ***Ogeysiis luqadda badan ah: Waxaa laguu magacaabay sida eedeysane gudaha Maxkamadan. Waa in aad ku soo gudbisaa jawaab 28 maalmood gudahood; haddii aad ku guuldareysto jawaabta, Maxkamada laga yaabo in ay gasho xukun adiga kaa soo horjeedo ee ka nasashada lagu sheegay Cabashada. Raadi caawinta ka timid labadaba turjubaanka iyo qareenka. Karti la'aantaada aad ku fahmo, ku qoro, ama ku hadasho Af Ingiriisiga ma noqon doonto difaacida xukunkaaga suuralka ah ee adiga kugu lidka ah. 3. Russian ***yBe,qoivuieHPie na paanbix nabinax: Bbi 6bi/iki HaaaaHbi a xanecTBe OTBeTHMxa b abhhom cy/je. Bbi AO/i>KHbi npeflocraBrnb otbct b TeneHne 28 fthevi; ecru Baw otbct ne byfleT no/iyneH, cya wowei BbinecTu peuieHMenpoiMB Bac m yflOB/ierBopnTb coAepwamwecB b wanobe TpeboBaHMB. Bocno/ibayirrecb yc/iyraww nepeaoAHHKa h aABOKata. Tot aKf, hto Bbi ne noHHwaeie aHr/inucKyio penb m He Mo>KeTe HkiTaib m nuicaib no-anr/iHMCnM, ne aB/iseicri npenaTCTBHew fl/ia BoawowHoro BbineceHMA cyAebnoro peweHMB npoTMBBac. • 4. Arabic :olUJI ooaxXo jX^aj -1X9 fudj (J Ijl_j llojj 28 bj f'taj jl .ioSLxxJI OXS j -(Xb ^Xo Ajjlxc! jaj XoJ _jl Jx lAtijXS Xxj i>° oUxLumJI .4X10Jl oJl l_«o^va'«»ll . AJxx ^>lol Xll Ixbj 5. Chinese (Simplified) Justice Center, 1st Floor •1200 Ontario Street • Cleveland, Ohio 44113-1664 • 216.443.7950 Ohio Relay Service 711 • Website: coc.cuyahogacounty.us NAILAHK. BYRD CUYAHOGA COUNTY CLERK OF COURTS 1200 Ontario Street Cleveland, Ohio 44113 Court of Common Pleas New Case Electronically Filed: COMPLAINT W PRELIMINARY JUDICIAL REPORT October 25,2022 16:21 By: SHANNON M. MCCORMICK 0084855 Confirmation Nbr. 2686220 OAKSHORE GREEN CONDOMINIUM ASSOCIATION, CV 22 970420 INC vs. Judge: WILLIAM F.B.VODREY DEXTER J. HAMMETT, ET AL Pages Filed: 12 Electronically Filed 10/25/2022 16:21 / / CV 22 970420 / Confirmation Nbr. 2686220 / CLJSZ IN THE COURT OF COMMON PLEAS CUYAHOGA COUNTY, OHIO THE OAKSHORE GREEN CASE NO. CONDOMINIUM ASSOCIATION, INC. 50 Public Square, Suite 2000 JUDGE Cleveland, Ohio 44113 COMPLAINT FOR FORECLOSURE Plaintiff PERM PARCEL NO. -vs.- 631-09-312 DEXTER J. HAMMETT 11 Oakshore Drive Bratenahl, OH 44108 RAQUEL C. EATMON 11 Oakshore Drive Bratenahl, OH 44108 STATE OF OHIO DEPARTMENT OF TAXATION c/o Ohio Attorney General Revenue 150 East Gay Street, 21st Floor Columbus, Ohio 43215 Defendants. Now comes Plaintiff, The Oakshore Green Condominium Association, Inc., by and through counsel, and for its Complaint for Foreclosure, states as follows: / CV 22 970420 / Confirmation Nbr. 2686220 / CLJSZ Electronically Filed 10/25/2022 16:21 / 1. Plaintiff is an existing corporation, not for profit, organized under the laws of the State of Ohio and was formed in accordance with Chapter 5311 of the Ohio Revised Code to act as the Association of Unit Owners for The Oakshore Green Condominium Association, Inc.. 2. Defendants, Dexter J. Hammett and Raquel C. Eatmon, own the condominium unit known as 11 Oakshore Drive, Bratenahl, OH 44108 and more fully described in the legal description contained in the Preliminary Judicial Report attached hereto as Exhibit “A”. 3. Pursuant to the authority of Section 5311.18 of the Ohio Revised Code, the Plaintiff filed its Certificate of Lien on the property (attached hereto as Exhibit “B”) to secure payment of the maintenance fees, common expenses and assessments. Said lien is a good and valid subsisting lien, second only to real estate taxes and prior recorded hens of first mortgages on the condominium unit, in accordance with Section 5311.18 of the Ohio Revised Code. 4. There is currently due the Plaintiff from the Defendants, Dexter J. Hammett and Raquel C. Eatmon, based upon the above Hen and additional unpaid maintenance fees and assessments, the total sum of $10,381.40 plus interest at the maximum rate allowed by law as provided for in the Declaration of Condominium Ownership as of October 20, 2022. A copy of said Declaration is not attached as it is filed with the Cuyahoga County Recorder at Volume 14203, Page 173 et seq. and constructive notice of its existence and contents is deemed to have been given to the “whole world” pursuant to Ohio Revised Code 1301.401(B); due to its size, it is impractical and economically inefficient to attach and serve on multiple parties, / CV 22 970420 / Confirmation Nbr. 2686220 / CLJSZ Electronically Filed 10/25/2022 16:21 / especially in view of Defendants’ ultimate obligation for such costs, and; upon information and belief, Defendants already possess a copy. 5. Plaintiff is further owed from the Defendants, Dexter J. Hammett and Raquel C. Eatmon, maintenance fees and assessments incurred subsequent to the filing of this action in an amount to be later determined. 6. The Defendants named herein have or may claim to have an interest in the property described in the Preliminary Judicial Report, a copy of which is attached hereto as Exhibit “A”. 7. The Cuyahoga County Treasurer may have an interest in the subject property by virtue of delinquent taxes due and owing. 8. In accordance with the condominium documents recorded with the Cuyahoga County Recorder’s office, Defendants, Dexter J. Hammett and Raquel C. Eatmon, have, by covenant, agreed to be responsible for the legal fees and court costs incurred in the within action. Pursuant to Nottingdale Homeowners’ Assn., Inc, v. Darby (1987), 33 Ohio St.3d 32 and First Fed. Sav. Bank v. WSB Investments. Inc. (1990), 67 Ohio App. 3d 277, the courts held that the condominium instruments make defaulting unit owners responsible for attorney fees. WHEREFORE, Plaintiff prays that: (a) Plaintiff be granted judgment against Defendants, Dexter J. Hammett and Raquel C. Eatmon, in the sum of $10,381.40 plus interest at the maximum rate allowed by law upon which execution may issue! Electronically Filed 10/25/2022 16:21 / / CV 22 970420 / Confirmation Nbr. 2686220 / CLJSZ (b) Plaintiff be granted judgment for maintenance fees and assessments incurred subsequent to the filing of this action in an amount to be determined, plus interest and costs! (c) All Defendants be required to answer and set forth any claim that they may have in said premises or be forever barred; (d) Plaintiffs hen be found to be good and valid hen upon said property! (e) All Hens on said property be marshaled and the premises be ordered appraised, advertised and sold according to law! (0 Plaintiff recover its costs herein, including the cost incurred for the preliminary judicial report! (g) Plaintiff recover its attorney fees and court costs of the within action from the proceeds of the sale! or alternatively, that Plaintiff be granted judgment for attorneys’ fees and costs, upon which execution may issue! and that Qi) Plaintiff be granted any additional relief to which it may be entitled to at law or in equity, including, but not limited to additional unpaid condominium maintenance fees and special assessments incurred subsequent to the filing of the within action. KAMAN & CUSIMANO, LLC Is! Shannon M. McCormick Darcy Mehling Good (0068249) Shannon M. McCormick (0084855) Attorneys for Plaintiff 50 Pubhc Square, Suite 2000 Cleveland, OH 44113 (216) 696-0650 / FAX (216) 771-8478 kcattomey@kamancus.com Electronically Filed 10/25/2022 16:21 / / CV 22 970420 / Confirmation Nbr. 2686220 / CLJSZ NOTICE REQUIRED BY THE FAIR DEBT COLLECTION PRACTICES ACT (15 U.S.C. 1692 etseq.) 1) This notice is directed only to the party or parties who may be obligated to pay the debt referred to in the attached pleading. The amount of the debt is stated in the pleading attached hereto. 2) The debt is owed to The Oakshore Green Condominium Association, Inc.. This communication is from a debt collector. This is an attempt to collect a debt and any information obtained will be used for that purpose. If a petition for bankruptcy protection has been filed, we are not suggesting personal liability on any pre petition or dischargeable debt. The Association is only seeking pre­ petition or dischargeable debt, if any, through the property. 3) Unless you notify this office within 30 days after receiving this notice that you dispute the validity of this debt or any portion thereof, this office will assume this debt is valid. If you notify this office in writing within 30 days after receiving this notice that you dispute the validity of this debt or any portion of it, this office will obtain verification of the debt and mail you a copy of such verification. And if, within the same 30-day time period, you request the name and address of your original creditor, this office will furnish you with that information as well, if it is different than the current creditor. 4) All communications, including payoff requests, should be directed to Kaman & Cusimano, LLC, 50 Public Square, Suite 2000, Cleveland, OH 44113, 888-800- 1042. 5) If this was issued by the Clerk of Courts, the summons states that you have 28 days to serve an answer. You must do so within that time or you will be in default. The 30-day right for verification of the debt, as set forth in paragraph 3 above, is separate from the 28 days you have to serve your answer. Do not confuse the two. Your request for verification of the debt will not relieve you of the need to serve your answer within 28 days. Please read the summons issued by the clerk carefully for instructions concerning filing your answer with the court. Electronically Filed 10/25/2022 16:21 / / CV 22 970420 / Confirmation Nbr. 2686220 / CLJSZ Ex A PJR EXTENDED COVERAGE ENDORSEMENT Order No.: J221698 Attached to and made a part of Preliminary Judicial Report No. 8148435-48189776 Issued by COMMONWEALTH LAND TITLE INSURANCE COMPANY The above-referenced Preliminary Judicial Report is amended as follows: 1. Definition of Terms is amended as follows: "Guaranteed Part/': All parties to the proceedings and the purchaser at judicial sale. 5. Extent of Liability is amended to read as follows: The liability of the Company to any Guaranteed Claimant or Guaranteed Party shall in no case exceed in the aggregate the amount stated herein; however, expenditures for litigation costs and attorney’s fees incurred in contesting a claim or reopening, continuing or initiating a judicial proceeding, shall not reduce the amount recoverable herein. 6. Options to Pay of Otherwise Settle Claims; Termination of Liability, subparagraphs (a) and (d) are amended to read as follows: a. To pay or tender to the Guaranteed Claimant the amount guaranteed under the Report or the balance remaining thereof. If this option is exercised, all liability of the Company under this Report terminates. d. To pay or tender to the Guaranteed Claimant the difference between the value of the estate or interest as guaranteed and the value of the estate or interest subject to the non-monetary defect or non-monetary encumbrance guaranteed against by this Report. This endorsement is made a part of the preliminary judicial report referred to above, and except as modified herein, is subject to the terms and provisions thereof. Date: October 3, 2022 at 7:00 A.M. Commonwealth Land Title Insurance Company Countersigned Ohio Title Corp Authorized Officer or Agent / CV 22 970420 / Confirmation Nbr. 2686220 / CLJSZ Electronically Filed 10/25/2022 16:21 / A Commonwealth* Preliminary Judicial Report LAUD TITLE INSURANCE COMPANY ISSUED BY Commonwealth Land Title Insurance Company POLICY NUMBER: Judicial Report 8148435-48189776 Guaranteed Party Name: Order No : J221698 The Oakshore Green Condominium Association, Inc. c/o K&C Service Corp., Statutory Agent 50 Public Square, Suite 2000 Effective Date: October 3, 2022 at 7:00 A.M. Cleveland, OH, 44113 Pursuant to your request for a Preliminary Judicial Report (hereinafter "the Report") for use in judicial proceedings, Commonwealth Land Title Insurance Company (Hereinafter "the Company") hereby guarantees in an amount not to exceed $25,000.00 that it has examined the public records in Cuyahoga County, Ohio as to the land described in Schedule A, that the record title to the land is at the date hereof vested in Dexter J. Hammett and Raquel C. Eatmon, Husband and Wife and to the survivor of them by instrument recorded in Instrument Number 201104010475 and free from all encumbrances, liens or defects of record, except as shown in Schedule B. This is a guarantee of the record title only and is made for the use and benefit of the Guaranteed Party and the purchaser at judicial sale thereunder and is subject to the Exclusions from Coverage, the Exceptions contained in Schedule B and the Conditions and Stipulations contained herein. This Report shall not be binding or valid until it has been signed by either an authorized agent or representative of the Company and Schedules A and B have been attached hereto. Issuing Agent: Ohio Title Corp Address: 7085 Pearl Road City, State, Zip: Middleburg Hts., OH 44130 Telephone: 440.886.6141 In Witness Whereof, Commonwealth Land Title Insurance Company has caused itscorporate name to be hereunto affixed by its authorized officers as of Date of Policy shown in Schedule A. Countersigned Ohio Title Corp COMMONWEALTH LAND TITLE INSURANCE COMPANY Authorized Officer or Agent This Jacket was created electronically and constitutes an original document |—Electronically filed 10/25/202216:21 /i / CV-22 970420 / Confirmation Nbr. 20062207 CLJ9Z---------------------- | Form No. 8148435 | Preliminary Judicial Report (9/01/2014) Ohio EXHIBIT A LEGAL DESCRIPTION File Number: J221698 Situated in the City of Bratenahl, County of Cuyahoga and State of Ohio and known as being described as follows: Being Unit 11 of Oakshore Green Condominium Phase II, as shown by the Declaration and By-Laws recorded in Deed Book 14422, page 375 of record in Plat Book 27, Pages 16-23 Recorder's Office, Cuyahoga County Records. Premises commonly known as: 11 Oakshore Drive Bratenahl, OH 44108 Permanent Parcel No(s).: 631-09-312 End of Exhibit A Legal Description / CV 22 970420 / Confirmation Nbr. 2686220 / CLJSZ Electronically Filed 10/25/2022 16:21 / Order No.: J221698 SCHEDULE B The matter shown below are exceptions to this Preliminary Judicial Report and the Company assumes no liability arising therefrom. 1. We have made no examination for easements, restrictions, setback lines, declarations, conditions, covenants, reservations, rights-of-way and mineral leases, if any, affecting the caption premises and no coverage for said matters, express or implied, is provided herein. 2. JUDGMENT LIEN: State of Ohio, Department of Taxation, Judgment Creditor, vs. Dexter Hammett and Raquel Eatmon, 11 Oakshore Drive, Bratenahl, OH 44108, Judgment Debtors, Originated in Cuyahoga County Common Pleas Court, Case No. ST13298752, Amount $1,720.62 plus interest and costs. Judgment Dated November 10, 2012, Filed April 4, 2013 at 8:15 AM, Judgment Lien No. JL-13-621125. 3. JUDGMENT LIEN: State of Ohio, Department of Taxation, Judgment Creditor, vs. Dexter Hammett and Raquel Eatmon, 11 Oakshore Drive, Bratenahl, OH 44108, Judgment Debtors, Originated in Cuyahoga County Common Pleas Court, Case No. ST13298967, Amount $2,031.83 plus interest and costs. Judgment Dated November 3, 2012, Filed April 4,2013 at 8:15 AM, Judgment Lien No. JL-13-621340. 4. JUDGMENT LIEN: State of Ohio, Department of Taxation, Judgment Creditor, vs. Dexter Hammett and Raquel Eatmon, 11 Oakshore Drive, Bratenahl, OH 44108, Judgment Debtors, Originated in Cuyahoga County Common Pleas Court, Case No. ST14327007, Amount $925.76 plus interest and costs. Judgment Dated February 8, 2014, Filed February 13, 2014 at 6:30 PM, Judgment Lien No. JL-14-671048. 5. CERTIFICATE OF LIEN: The Oakshore Green Condominium Association, Inc. vs. Dexter J. Hammett and Raquel C. Eatmon, 11 Oakshore Drive, Bratenahl, OH 44108 in the amount of $5,333.20 plus interests and costs. Dated October 21, 2021 Filed October 22, 2021 at 2:10 PM and recorded in Instrument Number 202110220457 of Cuyahoga County Records. 6. For tax information, Permanent Parcel Number 631-09-312 see tax information attached. End of Schedule B / CV 22 970420 / Confirmation Nbr. 2686220 / CLJSZ Electronically Filed 10/25/2022 16:21 / Primary Owner HAMMETT, DEXTER J. & EATMON, RAQUEL C. Property Address11 Oakshore OR Bratenahl,OH 44108 Tax Malting Address DEXTER J HAMMETT 11 OAKSHORE OR CLEVELAND, OH 44108 Legal Description OAKSHORE GREEN CONO PHASE II 8.333% 0011 Property Class RESIDENTIAL CONDOMINIUM Parcel Number 631-09-312 Taxset Bratenahl Tax Year 2021 Assessed Values Market Values Rags Land Value $3,ISO Land Stalue $9,000 Owner Occupancy Credit Y Building Value $28,630 Building Value $81,500 Homestead Reduction N Total Value $31,680 Total Value $90,500 Foreclosure N Homestead Value S Cert. Pending N Cert. Sold N Half Year Charge Amounts Rates Payment Plan N Gross Tax $2,067.60 Full Rate 130.63 Less 920 Reduction $743.15 920 Reduction Rate .360394 Sub Total $1,322.46 Effective Rate 83.487804 Escrow 10% Reduction Amount S108.S1 Escrow 'N Owner Occupancy Credit $27.15 Payment Amount $.00 Homestead Reduction Amount $.00 Total Assessments $.00 Half Year Net Taxes $1,186.89 Charges Payments Balance Due Tax Balance Summary $4,047.18 $1,305.90 $2,741.26 2021 (pay In 2022) Chnrqe and Payment Detail Taxset Charge Type Chaises Payments Balance Due Bratenahl Prior year tax - 2020 $1,109.13 $1,109.13 $.00 Prior year penalty - 2020 $14654 $146.54 $.00 December interest - 2021 $50.23 $50.23 $.00 DELO BALANCE $1,305.90 $1,305.90 $.00 1st hall penalty $118.67 $00 $118.67 1st haff tax $1,188.69 $.00 $1,188.69 1ST HALF BALANCE $1,305.36 $.00 $1,305.36 2nd half penalty $249.21 $50 $24921 2nd half lax $1,186.69 $.00 $1,186.69 2ND HALF BALANCE $1,435.90 $.00 $1,435.90 Charges Payments Balance Due Total Balance $4,047.16 $1,305.90 $2,741.26 * Ttoras «r» upfefttf worn hour / CV 22 970420 / Confirmation Nbr. 2686220 / CLJSZ Electronically Filed 10/25/2022 16:21 / CONDITIONS AND STIPULATIONS OF THIS PRELIMINARY JUDICIAL REPORT required to pay money or other compensation for a matter covered 1. Definition of Terms by thisReport or actual notice someone claims an interest in the (a) "Guaranteed Party":The party or partiesnamed herein Land covered by this Report. or the purchaser at judicial sale. 5. Extent of Liability (b) "Guaranteed Claimant": Guaranteed Party claiming loss or The of liabilitythe Company shall inno case exceed in allthe damage hereunder. amount stated herein and shall in all cases be limited to the actual (c) "Land": The land described specifically or by reference in loss,includingbut not limitedto attorneysfees and costs of Schedule A, and improvements which by affixed thereto, defense, only of the Guaranteed Party. Any and all payments under law constituterealproperty;provided however the term this Report shall reduce the amount of this Report pro tanto and the "land" does not include any property beyond the lines of the Company's liability shall terminatewhen the totalamount of the area specifically described or referred to in Schedule A, nor Report has been paid. any right, interest, title, estate,or easement in abutting 6. Options to Pay or Otherwise Settle Claims; Termination of streets, roads, avenues, lanes, ways or waterways. Liability (d) "Public Records":Those records under state statute and, The Company in its sole discretion shall have the following options: if aUnited States Court resides District inthe county in (a) To pay or tender to the Guaranteed Claimant the amount which the Land is situated, the records of the clerk of the of the Report or the balance remaining thereof, less any United States DistrictCourt,which impartconstructive attorneys fees, costs or expenses paid by the Company to notice of matters relating to real property to purchasers for the date of tender. If this option is exercised, all liability of value withoutknowledge and which are requiredto be the Company under this Report terminates including but maintained in certain public offices in the county in which not limited to any liability for attorneys fees, or any costs the land is situated. of defense or prosecution of any litigation. 2. Determination of Liability (b) To pay or otherwise, settle with other parties for or in the This Report togetherwith any Final JudicialReport or any name of the Guaranteed Claimant any claims guaranteed Supplement or Endorsement thereof, issued by the Company is the by this Report. entire contract between the Guaranteed Party and the Company. (c) To continue, re-open or initiate any judicial proceeding in Any claim of monetary lossor damage, whether or not based on order to adjudicate any claim covered by this Report. The negligence, and which arises out of the status of the title to the estate Company shallhave the rightto select counselof its or interest guaranteed hereby or any actionassertingsuch claim, choice (subject to the right of the Guaranteed Claimant to shall be restricted to this Report. object for reasonable cause) to represent the Guaranteed 3. Liability of Company Claimant and will not pay the fees of any other counsel. This Report is a guarantee of the record title of the Land only, as (d) To pay or tender to the Guaranteed Claimant the disclosed by an examination of the Public Records herein defined. difference between the value of the estate or interest as 4. Notice of Claim to be given by Guaranteed Claimant guaranteed and the value of the estate or interest subject In case knowledge shall come to the Guaranteed Party of any lien, to the defect, lien or encumbrance guaranteed against by encumbrance, defect, or other claim of title guaranteed against and this Report. not excepted in this Report, whether in a legal proceeding or 7. Notices otherwise,the Guaranteed Party shall notify the Company within a All notices required to be given to the Company shall be given reasonable timein writing and secure to the Company the right to promptly and any statements in writing required to be furnished to oppose such proceeding or claim, or to remove said lien, Commonwealth Land Title the Company shall be addressed to encumbrance or defect at its own costAny action for the payment Insurance Company, P.O. Box 45023, Jacksonville, FL of any loss under this Report must be commenced within one year 32232-5023,800-925-0965. after the Guaranteed Party receives actual notice that they may be EXCLUSIONS FROM COVERAGE 1. The Company assumes no liability under this Report for any loss, cost or damage resulting from any physical condition of the Land. 2. The Company assumes no liability under this Report for any loss, cost or damage resulting from any typographical, clerical or other errors in the Public Records. 3. The Company assumes no liability under the Report for matters affecting title subsequent to the date of this Report or the Final Judicial Report or any supplement thereto. 4. The Company assumes no liability under this Report for the proper form or execution of any pleadings or other documents to be filed in any judicial proceedings. 5. The Company assumes no liability under this Report for any loss, cost, or damage resulting from the failure to complete service on any parties shown in Schedule B of the Preliminary Judicial Report and the Final Judicial Report or any Supplemental Report issued thereto. / CV 22 970420 / Confirmation Nbr. 2686220 / CLJSZ Electronically Filed 10/25/2022 16:21 / ExB CUYAHDCM county ~ ~ 202110220457 CBRJIgCATEOPUKN Pursuant to Ohio Revised Code 5 0911.18 and Article XU Section 6 of the Dedaretion of CcndomnduiB Ownership for Oakihoro Green Condominium, filed for record in Volume 14208, Page173 et eeq., Records, of Cuyahoga County theundersigned, The Oakshore Orton against the following unit in Condomtaimn AjuccUtion, Ina, hereby dairas a Hen aaid Condominium Property and the appurtenant undivided Interest !n the Common Elements: Record Owneri D&rter J. Hammett and Raquel C. Batmen DewiptfoncfUmV HOakrtwre Drive PPbF-681'0fr8L2 Bratenahl, OH 44108 Amount' (6,388JO, phw interest at the mmfanurn rate allowed by law from tee