NJRB 4-01 Attorney’s Preliminary Certificate and report on title (Revised 2/3/97)

STEWART TITLE GUARANTY COMPANY

ATTORNEY’S PRELIMINARY CERTIFICATE AND REPORT ON TITLE

TO:   STEWART TITLE GUARANTY COMPANY

            Application of                                        , whose address is                                                                        _________________________, for a title insurance policy on the property described under Schedule A hereof insuring a proposed deed from                                           and                                                                _________________________, his wife, whose address is                                                               _________________________, to                                                and                                          _________________________, his wife, whose address is                                                   _________________________, in the amount of $                                    , and a mortgage by                                              and                                           his wife, to                                                 _________________________, whose address is, in the amount of $                                         .

            Marketable title of record is vested in                                                           ,

under deed from                                                                                                                   dated the           day of                                   , 19     , recorded on the                           day of                                    , 19     , Book          , page         , Document No.                        , records of                     County, New Jersey, subject to the following:

            1.         Rights or claims of parties in possession not shown by the public records.

            2.         Restrictive covenants and conditions, contained in the following deeds, copies of same being attached hereto:

            2.         (a)                  foot setback as shown on filed map entitled

            3.         Easements, rights or agreements, contained in the following deeds, copies of same being attached hereto.

            4.         Encroachments, overlaps, boundary line disputes and other matters which would be disclosed by an accurate survey and inspection of the premises. (For an additional charge and upon submission of an acceptable survey, this exception will be deleted by endorsement and the policy will set forth those matters, if any, affecting title.)

            5.         Liability, if any, for mechanics’ and materialmen’s liens.

            6.         Taxes, water, sewer and other use charges and confirmed assessments:

            7.         Prospective assessments (municipal improvements):

            8.         Mortgages:

            9.         Bankruptcies, judgments, corporate franchise taxes and other State or Federal liens.

           10.         Proof is required as to the prior and present marital status of the following persons together with complete information as to the deaths and divorces of prior spouses:

            11.       Other encumbrances, liens, defects and objections to title:

SCHEDULE A

                        All that certain tract of land lying and being in the                                         of                                     , County of                                          , State of New Jersey, being more particularly described as follows:

(Note: Add street address, tax lot and block, if available)

                        The undersigned hereby certifies to the STEWART TITLE GUARANTY COMPANY that in his opinion the within Preliminary Certificate and Report on Title correctly reflects the status of the property described in Schedule A hereof, such opinion being based upon an examination of an abstract prepared by                                            covering a period of at least sixty years of all public records affecting title to real estate.  The undersigned further certifies that so far as is known to him there is no dispute among title insurance companies or attorneys of the local bar as to the validity of the title of the real estate covered by this report and that the title is in no way dependent upon the sale of the property for delinquent taxes or assessments.

                        This title is certified down to the                        day of                                   19    , at                      O’clock,    .M.

Approved Attorney

INTERIM BINDER

                        STEWART TITLE GUARANTY COMPANY by this Interim Title Insurance Binder  hereby insures against loss or damage not exceeding the amounts shown on this certificate which may be sustained by failure of said Preliminary Certificate and Report on Title to correctly reflect the public records to the property herein described as of the date and hour thereof; such insurance to be null and void unless the title policy is issued by this Company in connection with the transaction applied for within nine (9) months from the date hereof and the premium thereon paid.

                        This Interim Title Insurance Binder is subject to the terms, provisions, exclusions from coverage and the conditions and stipulations of the following form of policy or policies applied for, copy of which will be supplied upon request:

                        [The available Policy Forms may be specified here]

                        If the instrument to be insured is a purchase money mortgage covering a 1 to 4 family dwelling and owner’s insurance is not desired, written notice declining right to purchase same is required from mortgagor pursuant to N.J.S.A. 46:10A-3, et seq.

                                                                          STEWART TITLE GUARANTY COMPANY

                                                                                          By                                                                                                              Authorized Signature

DATED: