NAILAH K. 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
`
`December 18,2020 12:51
`
`By: MATTHEW H. GRABENSTEIN 0085967
`
`Confirmation Nbr. 2139518
`
`TREASURER OF CUYAHOGA COUNTY, OHIO
`
`CV 20 941698
`
`vs.
`
`JAMES FERGUSON, FT AL
`
`Judge: EMILY HAGAN
`
`Pages Filed: 24
`
`Electronically Filed 12/18/2020 12:51 / / CV 20 941698 / Confirmation Nbr. 2139518 / CLDLJ
`
`

`

`IN THE COURT OF COMMON PLEAS
`
`CUYAHOGA COUNTY, OHIO
`
`TREASURER OF
`
`CASE NO. CV
`
`CUYAHOGA COUNTY, OHIO
`
`c/o Justice Center-9th Floor
`
`Permanent Parcel No. 671-09-118
`
`1200 Ontario Street
`
`Cleveland, Ohio 44113
`
`Year Certified: 2014
`
`Plaintiff
`
`-vs-
`
`COMPLAINT FOR COLLECTION OF
`
`DELINQUENT TAXES, ASSESSMENTS
`
`PENALTIES AND INTEREST,
`
`FORECLOSURE AND EQUITABLE
`
`RELIEF
`
`James Ferguson Trustee,
`
`The James Ferguson Trust
`
`25583 Bryden Rd.
`
`Beachwood, OH 44122
`
`State of Ohio, Department of Taxation
`
`150 East Gay Street, 21st Floor
`
`Columbus, OH 43215
`
`United States of America
`
`c/o United States Attorney's Office for Northern
`
`District of Ohio
`
`US Courthouse
`
`801 West Superior Ave., Ste. 400
`
`Cleveland, OH 44113
`
`Attorney General of the United States of America
`
`U.S. Department of Justice
`
`950 Pennsylvania Ave., NW
`
`Washington, DC 20530
`
`Discounts R Us, Inc., Assignee of First UA
`
`C/O Islam Mustafa
`
`5307 Woodland Avenue
`
`Cleveland, OH 44104
`
`Defendant(s).
`
`1. Now comes the Plaintiff, County Treasurer of Cuyahoga County, Ohio, and for his cause
`
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`

`

`of action against the defendant(s), states accordingly:
`
`A. That a Delinquent Land Certificate (Exhibit “A”), was created and signed by the
`
`Office of the Fiscal Officer and delivered to the Prosecuting Attorney of Cuyahoga
`
`County, Ohio;
`
`B. That the amount of money, Two Thousand Five Hundred Seventy-Seven and 06/100
`
`Dollars, ($2,577.06), a charge on the Cuyahoga County Tax Duplicate for taxes,
`
`assessments, penalties and interest, originating from said Delinquent Land
`
`Certificate appearing to be due and unpaid, is due and unpaid, and is a good and
`
`valid first lien against the property described in the Preliminary Judicial Report
`
`(Exhibit "B"), which, together with the Delinquent Land Certificate are hereby
`
`incorporated and made a part of this Complaint; Plaintiff further states that there is
`
`and will also be due and payable and thereby a good and valid first lien, all taxes,
`
`assessments, penalties and interest accruing subsequent to the Date Certified, as it
`
`appears on the Delinquent Land Certificate, and prior to the date of the entry of
`
`Confirmation of Sale; that there is also due the sum of Four Hundred Seventy-Five
`
`and 00/100 Dollars ($475.00), to be taxed as costs for a Preliminary Judicial Report,
`
`and that there is and will also be due the costs incurred in this proceeding, and that
`
`FULL PAYMENT OF ALL AMOUNTS DUE as described in this paragraph is
`
`necessary to redeem this parcel and remove it from further foreclosure proceedings.
`
`C. That said taxes, assessments, penalties and interest originating from said Delinquent
`
`Land Certificate as certified by the Office of the Fiscal Officer have not been paid
`
`for at least one year after certification as delinquent, that all statutory conditions
`
`precedent to the institution of this proceeding have been met, and that, if the matter
`
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`

`

`proceeds to final hearing and/or trial, and that the Delinquent Land Certificate shall
`
`be prima facie evidence of the amount and validity of the taxes, assessments,
`
`charges, penalties and interest certified as delinquent.
`
`D. That this action in foreclosure proceedings is commenced under provisions of Section
`
`323.25 and/or Section 5721.18(A) of the Ohio Revised Code for the reason that the
`
`provisions for notice under Section 5721.18(B) do not provide adequate notice as to
`
`all who may be parties of record in the county where the land is located, and who
`
`may have a right, title, or interest in or lien upon such property, the location of which
`
`parties may be reasonably ascertainable.
`
`2. Plaintiff further says that the following named defendants to wit:
`
`James Ferguson Trustee, The James Ferguson Trust
`
`State of Ohio, Department of Taxation
`
`United States of America
`
`Attorney General of the United States of America
`
`Discounts R Us, Inc., Assignee of First UA
`
`have or claim to have some interest in or lien upon said premises, but Plaintiff not being fully
`
`advised as to the extent, if any, of such liens or claims, states that the same, if any, are inferior and
`
`subsequent to the lien of the Plaintiff and prays that said defendants be required to set up their liens
`
`or claims or be forever barred from asserting same against the within described premises.
`
`WHEREFORE, Plaintiff demands that the amount of money appearing to be due and
`
`unpaid for taxes, assessments, penalties and interest, as appears on the Delinquent Land Certificate
`
`and, that the amount of money payable for taxes, assessments, penalties and interest, subsequent
`
`to the Date Certified, as it appears on the Delinquent Land Certificate, and prior to the date of the
`
`Electronically Filed 12/18/2020 12:51 / / CV 20 941698 / Confirmation Nbr. 2139518 / CLDLJ
`
`

`

`entry of Confirmation of Sale, be found to be due, unpaid and payable, and a good and valid first
`
`lien against the herein described property; that such lien against said property be foreclosed; that
`
`the Court make such order for the payment of costs incurred in this proceeding as is deemed proper,
`
`together with Four Hundred Seventy-Five and 00/100 Dollars ($475.00) for the Preliminary
`
`Judicial Report; that unless the amount found due the Plaintiff together with costs of this
`
`proceeding be tendered to the County Treasurer prior to the filing of an entry of Confirmation of
`
`Sale pursuant to such proceeding; the equity of redemption of said parties shall be foreclosed; that
`
`any person owning or claiming any right, title or interest in or lien upon any parcel set forth in this
`
`complaint be required to answer, setting up their interest, if any, on said property or be forever
`
`barred from asserting same; that the Court order said property to be sold according to law; that an
`
`Order of Sale be issued to the Sheriff directing him to advertise and sell said property at public
`
`sale in the manner provided by law; that thereafter a report of such sale be made by the Sheriff to
`
`the Court for further proceedings under law; and for such other and further relief, as in law or
`
`equity, that this Plaintiff may be entitled.
`
`Respectfully submitted,
`
`MICHAEL C. O’MALLEY (0059592)
`
`Prosecuting Attorney of Cuyahoga County, Ohio
`
`BY: Matthew Grabenstein (0085967)
`
`Assistant Prosecuting Attorney - Tax Foreclosure
`
`Courthouse Square
`
`310 W. Lakeside Ave., Ste. 300
`
`Cleveland, Ohio 44113
`
`(216) 443-7797
`
`mgrabenstein@prosecutor.cuyahogacounty.us
`
`Electronically Filed 12/18/2020 12:51 / / CV 20 941698 / Confirmation Nbr. 2139518 / CLDLJ
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`

`

`9/22/2016
`
`YEAR 2016
`
`DELINQUENT LAND CERTIFICATE
`
`CUYAHOGA COUNTY, OHIO
`
`0210EAST CLEVELAND, OHIO
`
`TO THE COUNTY PROSECUTOR,
`
`CERT NO. 5593
`
`PARCEL NO. 671-09-118
`
`I HEREBY CERTIFY THAT THE TAXES, ASSESSMENTS, AND PENALTIES UPON THE TRACT OF LAND,
`
`CITY OR TOWN LOT CERTIFIED DELINQUENT FOR THE NON-PAYMENT OF TAXES, SITUATED IN THE
`
`TAXING DISTRICT OF 0210EAST CLEVELAND, ENTERED ON THE CURRENT TAX LIST IN THE NAME OF
`
`FERGUSON JAMES TRUSTEE WHOSE TAX MAILING NAME/ADDRESS IS:
`
`FERGUSON JAMES TRUSTEE
`
`1811 HOLYOKE AVE EAST CLEVELAND, OH 44112
`
`AND SAID REAL PROPERTY IS DESCRIBED AS FOLLOWS, TO WIT:
`
`DESCRIPTION: 382 STAFFORD 0113 ALL
`
`FRONT FT: 41.00 STREET: 1811 HOLYOKE AVE
`
`FEET DEEP: 0.00 ACRES: 0.09
`
`HAVE NOT BEEN PAID FOR A PERIOD OF ONE YEAR AND SAID TRACT OF LAND, CITY OR TOWN LOT IS
`
`NOW CERTIFIED DELINQUENT AND PLACED ON THE LIST OF DELINQUENT LANDS, AND THAT TAXES,
`
`ASSESSMENTS, AND PENALTIES AMOUNT TO $2,577.06.
`
`COUNTY AUDITOR
`
`4,700 LAND VALUE
`
`35,100 BUILDING VALUE
`
`39,800 TOTAL VALUE
`
`1,735.86 CURRENT YEAR DELQ TAX
`
`86.79 FIRST HALF PENALTY
`
`182.26 SECOND HALF PENALTY
`
`92.03 INTEREST
`
`2,300.78 PRIOR YEAR DELQ TAX
`
`184.25 PRIOR YEAR DELQ SPECIAL ASSESSMENTS
`
`DATE CERTIFIED:
`
`2014
`
`DATE ADVERTISED: 2015
`
`PROSECUTOR
`
`REV. CODE SEC. 5721.13
`
`Electronically Filed 12/18/2020 12:51 / / CV 20 941698 / Confirmation Nbr. 2139518 / CLDLJ
`
`Exhibit "A
`
`

`

` Fidelity National Title
`
`v
`
`Insurance Company
`
`•
`
`Report No.: 136083-1-191689NS-2019.2748435-217387224
`
`PRELIMINARY JUDICIAL REPORT
`
`Issued By: Fidelity National Title Insurance Company
`
`Effective Date:
`
`August 14,2019
`
`Guaranteed Party Name:
`
`James Ferguson, Trustee, The James Ferguson Trust
`
`Parcel Number(s):
`
`671-09-118
`
`Guranteed Party Address:
`
`1811 Holyoke Avenue, East Cleveland, OH 44112
`
`Tax Mailing Address:
`
`25583 Bryden Road, Beachwood, OH 44122
`
`File No.:
`
`191689NS
`
`To:
`
`Cuyahoga County Treasurer
`
`c/o Office of the Prosecuting Attorney
`
`Civil Division-Tax Foreclosure Section
`
`Court House Square
`
`310 West Lakeside
`
`Suite 300
`
`Cleveland, Ohio 44113
`
`Pursuant to your request for a Preliminary Judicial Report (hereinafter “the Report”) for use in
`
`judicial proceedings, FIDELITY NATIONAL TITLE INSURANCE COMPANY (Hereinafter
`
`“the Company”) hereby guarantees in an amount not to exceed $12,994.06 that it has examined in 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:
`
`James Ferguson, Trustee, The James Ferguson Trust
`
`by Quit Claim Deed, dated May 17, 2000 and recorded June 6, 2000 in AFN 200006060521 of
`
`Cuyahoga County Records and free from all encumbrances, liens or defects of record, except as
`
`shown in Schedule B.
`
`Preliminary Judicial Report 09/01/14 for OH484
`
`Page 1 of 10
`
`2748435
`
`Electronically Filed 12/18/2020 12:51 / / CV 20 941698 / Confirmation Nbr. 2139518 / CLDLJ
`
`Exhibit "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.
`
`By:
`
`Authorized Officer or Agent
`Richard D. Areddy, Jr.
`
`President
`
`Secretary
`
`Preliminary Judicial Report 09/01/14 for OH_484
`
`2748435
`
`Page 2 of 10
`
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`

`

`ORDER NO. 191689NS
`
`PARCEL NO. 671-09-118
`
`PRELIMINARY JUDICIAL REPORT
`
`SCHEDULE A
`
`DESCRIPTION OF LAND
`
`See Attached EXHIBIT “A”
`
`SCHEDULE B
`
`The matters 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.
`
`Certificate of Judgment Lien in favor of the State of Ohio Department of Taxation against
`
`James W. Ferguson III and Linda D. Ferguson, 5423 Comstock Road, Bedford Heights, OH
`
`44146, in Cuyahoga County Common Pleas Court Judgment Lien No. JL-07-292641,
`
`recorded April 5, 2007 in the amount of $2,012.82, plus court costs and interest. Serial No.
`
`00219931606853.
`
`Note: We are unable to determine if the debtor listed above is our party.
`
`3.
`
`Certificate of Judgment Lien in favor of the State of Ohio Department of Taxation against
`
`James W. Ferguson, 5327 Northfield Road, Apt 615, Cleveland, OH 44146, in Cuyahoga
`
`County Common Pleas Court Judgment Lien No. JL-09-396807, recorded December 3, 2009
`
`in the amount of $106.66, plus court costs and interest. Serial No. 00220040585692.
`
`Note: We are unable to determine if the debtor listed above is our party.
`
`4.
`
`Federal Tax Lien against James F. Ferguson Jr., 25583 Bryden Road, Beachwood, OH
`
`44122-4162, Tax Identification No. XXX-XX-2794, in the amount of $49,290.00, recorded
`
`March 4,2009 as AFN 200903049026 of Cuyahoga County Records. IRS District Serial No.
`
`519702309.
`
`5.
`
`Federal Tax Lien against James F. Ferguson Jr., 25583 Bryden Road, Beachwood, OH
`
`44122-4162, Tax Identification No. XXX-XX-2794, in the amount of $14,836.25, recorded
`
`May 26, 2009 as AFN 200905269020 of Cuyahoga County Records. IRS District Serial No.
`
`Preliminary Judicial Report 09/01 Zl 4 for OH 484
`
`Page 3 of 10
`
`2748435
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`
`

`

`OTIRB Record Products
`
`Preliminary Judicial Report
`
`(04/15/2010)
`
`6.
`
`Certificate of Judgment Lien in favor of the State of Ohio Department of Taxation against
`
`James E. Ferguson, 1456 West 81st Street, Cleveland, OH 44102, in Cuyahoga County
`
`Common Pleas Court Judgment Lien No. JL-13-608417, recorded January 31, 2013 in the
`
`amount of $238.85, plus court costs and interest. Serial No. 00219902602625.
`
`Note: We are unable to determine if the debtor listed above is our party.
`
`7.
`
`Certificate of Judgment Lien in favor of the State of Ohio Department of Taxation against
`
`James Ferguson, 25583 Bryden Road, Beachwood, OH 44122, in Cuyahoga County Common
`
`Pleas Court Judgment Lien No. JL-14-695199, recorded August 28, 2014 in the amount of
`
`$3,412.19, plus court costs and interest. Serial No. 02200910330593.
`
`8.
`
`Certificate of Judgment Lien in favor of the State of Ohio Department of Taxation against
`
`James Ferguson, 25583 Bryden Road, Beachwood, OH 44122, in Cuyahoga County Common
`
`Pleas Court Judgment Lien No. JL-14-695253, recorded August 28, 2014 in the amount of
`
`$3,659.02, plus court costs and interest. Serial No. 02200910439908.
`
`9.
`
`Certificate of Judgment Lien in favor of Discounts R Us, Inc., Assignee of First UA, against
`
`James Ferguson Jr., in Cuyahoga County Common Pleas Court Judgment Lien No. JL-15-
`
`739294, filed of record July 29, 2015, resulting from Originating Case No. 00CVF00938, in
`
`the amount of $7,723.25, plus court costs and interest.
`
`Note: The Attorney for the Plaintiff/Lienholder in the above matter is Bruce A. Block, 1100
`
`Superior Avenue, 19th Floor, Cleveland, OH 44114.
`
`Note: We are unable to determine if the debtor listed above is our party.
`
`10.
`
`The Cuyahoga County Treasurer's Tax Duplicate shows:
`
`Taxes for the Last Half of 2018, Permanent Parcel Number 671-09-118, on caption, in the
`
`amount of $401.68 are Unpaid. Prior delinquencies and penalties in the amount of $12,592.38
`
`are also Unpaid.
`
`Included in the above taxes are the following special assessments:
`
`M203254A - Street Lights - East Cleve $17.74 per half
`
`Cl00671 - Sewer Maintenance $70.73 per half
`
`County Market Values:
`
`Land $5,000.00
`
`Building $10,000.00
`
`Total $15,000.00
`
`Taxes for the First Half of 2019 and thereafter, are a lien not yet due and payable.
`
`PJR
`
`Electr ,718/2020 12:51 / / CV 20 941698 / Confirmation Nbr. 2139518 / CLDLJ
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`Page 4 of 10
`
`

`

`OTIRB Record Products
`
`Preliminary Judicial Report
`
`(04/15/2010)
`
`Additions or abatements which may hereafter be made legally constituted authorities on
`
`account of errors, omissions or changes in valuation.
`
`Said premises are subject to special assessments, if any, payable with the above taxes and
`
`thereafter and to any tax additions hereafter entered on the regular tax duplicate.
`
`PJR
`
`(09/01/2014)
`
`Page 5 of 10
`
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`

`

`NorthStar Title Services, LLC
`
`File No: 191689NS
`
`Parcel No,: 671-09-118
`
`Situated in the City of East Cleveland, County of Cuyahoga, and State of Ohio:
`
`EXHIBIT "A"
`
`And known as being part of Sublot One Hundred Thirteen (113) in J. A. and B.F. Stafford's Subdivision of part of
`
`One Hundred Acre Lot No. 382, as shown by the recorded plat of said Subdivision in Volume 18 of Maps, Page
`
`17 of Cuyahoga County Records, and bounded and described as follows:
`
`Beginning in the Easterly curved line of Hayden Avenue, 70 feet wide, at its intersection with the Northeasterly
`
`line of said Sub Lot No. 113 which point of beginning is distance South 51° 30" East measured along said
`
`Northeasterly line 10 53/100 feet from the most Northerly comer of said Sub Lot No. 113, thence Southeasterly
`
`along the Northeasterly line of said Sub Lot No. 113, 103 41/100 feet to the most Easterly comer of said Sub Lot
`
`No. 113; thence Southwesterly along the Southeasterly line of said Sublot No. 113,40 feet to the most Southerly
`
`comer of said Sub Lot No. 113 and the Northeasterly line of Holyoke Avenue; thence Northwesterly along the
`
`Northeasterly line of Holyoke Avenue, 94 91/100 feet to the Easterly curved line of Hayden Avenue, 70 feet
`
`wide; thence Northeasterly along said Easterly curved line of Hayden Avenue being the arc of a circle deflecting
`
`to the left having a radius of 1389 83/100 feet and a chord bearing South 25° 04' 15" West, 41 13/100 feet to the
`
`place of beginning, as appears by said plat, be the same more or less, but subject to all legal highways.
`
`This Legal Description Complies with
`
`The Cuyahoga Transfer and
`
`Conveyance Standards and is approveo'
`
`for transfer.
`
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`
`

`

`CONDITIONS AND STIPULATIONS
`
`OF THIS PRELIMINARY JUDICIAL REPORT
`
`1. Definition of Terms
`
`"Guaranteed Party": The party or parties named herein or the purchaser at judicial sale.
`
`"Guaranteed Claimant": Guaranteed Party claiming loss or damage hereunder.
`
`"Land": The land described specifically or by reference in Schedule A, and improvements
`
`affixed thereto, which by law constitute real property; provided however the term "land" does not
`
`include any property beyond the lines of the area specifically described or referred to in Schedule
`
`A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, lanes, ways
`
`or waterways.
`
`"Public Records": Those records under state statute and, if a United States District Court resides
`
`in the county in which the Land is situated, the records of the clerk of the United States District
`
`Court, which impart constructive notice of matters relating to real property to purchasers for
`
`value without knowledge and which are required to be maintained in certain public offices in the
`
`county in which the land is situated.
`
`2. Determination of Liability
`
`This report together with any Final Judicial Report or any Supplement or Endorsement thereof,
`
`issued by the Company is the entire contract between the Guaranteed Party and the Company.
`
`Any claim of monetary loss or damage, whether or not based on negligence, and which arises out
`
`of the status of the title to the estate or interest guaranteed hereby or any action asserting such
`
`claim, shall be restricted to this Report.
`
`3. Liability of Company
`
`This Report is a guarantee of the record title of the Land only, as disclosed by an examination of
`
`the Public Records herein defined.
`
`Preliminary Judicial Report 09/01/14 for OH 484
`
`Page 7 of 10
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`2748435
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`

`

`4. Notice of Claim to be given by Guaranteed Party
`
`In case knowledge shall come to the Guaranteed Party of any lien, encumbrance, defect, or other
`
`claim of title guaranteed against and not excepted in this Report, whether in a legal proceeding or
`
`otherwise, the Guaranteed Party shall notify the Company within a reasonable time in writing and
`
`secure to the Company the right to oppose such proceeding or claim, or to remove said lien,
`
`encumbrance or defect at its own cost. Any action for the payment of any loss under this Report
`
`must be commenced within one year after the Guaranteed Party receives actual notice that they
`
`may be required to pay money or other compensation for a matter covered by this Report or
`
`actual notice someone claims an interest in the Land covered by this Report.
`
`5. Extent of Liability
`
`The liability of the Company shall in no case exceed in all the amount stated herein and shall in
`
`all cases be limited to the actual loss, including but not limited to attorneys fees and costs of
`
`defense, only of the Guaranteed Claimant. Any and all payments under this Report shall reduce
`
`the amount of this Report pro tanto and the Company's liability shall terminate when the total
`
`amount of the Report has been paid.
`
`6. Options to Pay or Otherwise Settle Claims; Termination of Liability
`
`The Company in its sole discretion shall have the following options:
`
`a.
`
`To pay or tender to the Guaranteed Claimant the amount of the Report or the balance
`
`remaining thereof, less any attorneys fees, costs or expenses paid by the Company to the
`
`date of tender. If this option is exercised, all liability of the Company under this Report
`
`terminates including but not limited to any liability for attorneys fees, or any costs of
`
`defense or prosecution of any litigation.
`
`b.
`
`To pay or otherwise settle with other parties for or in the name of the Guaranteed
`
`Claimant any claims guaranteed by this Report.
`
`c.
`
`To continue, re-open or initiate any judicial proceeding in order to adjudicate any claim
`
`covered by this Report. The Company shall have the right to select counsel of its choice
`
`(subject to the right of the Guaranteed Claimant to object for reasonable cause) to
`
`represent the Guaranteed Claimant and will not pay the fees of any other counsel.
`
`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 defect,
`
`lien or encumbrance guaranteed against by this Report
`
`7. Notices
`
`All notices required to be given to the Company shall be given promptly and any statements in
`
`writing required to be furnished to the Company shall be addressed to the Company at its office,
`
`PO Box 45023, Jacksonville, Florida 32232-5023.
`
`Preliminary Judicial Report 09/01/14 for OH 484
`
`Page 8 of 10
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`
`

`

`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.
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`3.
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`The Company assumes no liability under the Report for matters affecting title subsequent
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`to the date of this Report or the Final Judicial report or any supplement thereto.
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`4.
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`The Company assumes no liability under this Report for the proper form or execution of
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`any pleadings or other documents to be filed in any judicial proceedings.
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`5.
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`The Company assumes no liability under this Report for any loss, cost, or damage
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`resulting from the failure to complete service on any parties shown in Schedule B of the
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`Preliminary Judicial Report and the Final Judicial Report or any Supplemental Report
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`issued thereto.
`
`Preliminary Judicial Report 09/01/14 for OH484
`
`Page 9 of 10
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`2748435
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`Electronically Filed 12/18/2020 12:51 / / CV 20 941698 / Confirmation Nbr. 2139518 / CLDLJ
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`

`

`PRELIMINARY JUDICIAL REPORT
`
`EXTENDED COVERAGEENDORSEMENT
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`Issued by
`
`Fidelity National Title Insurance Company
`
`Attached to Policy No.: 136083-1-191689NS-2019.2748435-217387224
`
`File No.: 191689NS
`
`Parcel Numb
`Parcel Number: 671-09-118
`
`The above-referenced Preliminary Judicial Report is amended as follows:
`
`1. Definition of Terms is amended as follows:
`
`“Guaranteed Party” :A11 parties to the proceedings and the purchaser at judicial sale.
`
`5. Extent of Liability is amended to read as follows:
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`The liability of the Company to any Guaranteed Claimant or Guaranteed Party shall in no case exceed in the
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`aggregate the amount stated herein; however, expenditures for litigation costs and attorney's fees incurred in
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`contesting a claim or reopening, continuing or initiating a judicial proceeding, shall not reduce the amount
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`recoverable herein.
`
`6. Options to Pay or Otherwise Settle Claims: Termination of Liability, subparagraphs (a) and (d) are amended to
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`read as follows:
`
`a. To pay or tender the Guaranteed Claimant the amount guaranteed under the Report or the balance
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`remaining thereof. If this option is exercised, all liability of the Company under this Report terminates.
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`d. The pay or tender the Guaranteed Claimant the differences between the value of the estate or interest as
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`guaranteed and the value of the estate or interest subject to the non-monetary defect or non-monetary
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`encumbrance guaranteed by this Report.
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`This endorsement is made part of the preliminary judicial report reoffered to above, and except as modified herein,
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`is subject to the terms and provisions thereof.
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`IN WITNESS WHEREOF, Fidelity National Title Insurance Company has caused its corporate seal to be hereunto
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`affixed and these presents to be signed in facsimile under authority of its by-laws.
`
`Date: August 14,2019,
`
`By:
`_________
`Authorized Officer or Agent
`Richard D. Areddy, Jr.
`
`Attest:
`
`President
`
`Secretary
`
`2748435
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`Electronically Filed 12/18/2020 12:51 / / CV 20 941698 / Confirmation Nbr. 2139518 / CLDLJ
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`

`

`QUIT-CLAIM DEED
`
`^CUYAHOGA COUNTY RECORDER^
`
`PATRICK J. OMALLEY
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`DEOC 06/06/2000 02.53:43 PM
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`200006060521
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`KNOW ALL MEN BY THESE PRESENTS, that we, JAMES FERGUSON and
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`CASSIE FERGUSON, husband and wife, the Grantors, who claim title by
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`or through instrument recorded in Volume 12384, Page 255, County
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`Recorder's Office, for the consideration of TEN DOLLARS ($10.00)
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`received to their full satisfaction of JAMES FERGUSON, TRUSTEE, THE
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`JAMES FERGUSON TRUST, the Grantee, whose tax mailing address will
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`be 1811-1813 Hayden Avenue, East Cleveland, Ohio 44112, have
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`given, granted, remised, released, and forever quit-claimed and do
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`by these presents absolutely give, grant, remise, release and
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`forever quit-claim unto the said .Grantee, his heirs and assigns
`forever, all such right and title ad we, the said Grantors, have or
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`ought to have in and to the following, described premisesx)situated
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`in the City of East Cleveland, Couftt^S of Cuyahoga, ana State of
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`Ohio:
`
`XX.
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`A X
`■ x
`/
`'
`And known as being part zof Sublot One Huftdred Thirteen
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`(113) in J.A. and B.F. Stafford's_Subdivision of part of
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`Original One Hundred Aefe Lot No. 382, as shown by the
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`recorded plat of said Subdivision in Volume 18hpf Maps,
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`Page 17 of Cuyahoga County Records, and bounded and
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`described as follows/
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`' x.
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`(
`
`1
`
`Beginning in the ESstsdrly^cutyed line of Hayden Avenue,
`70 feet wide, at itbj.ntersectiOn. with the Northeasterly
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`line of said Sub ifotrNq. 113 which'jpoiht of beginning is
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`distant South 61°
`
`30>K'.^East mfeabured along said
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`»
`
`Northeasterly lirie_10 53/100 'feet--from the most Northerly
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`corner of said''Sub Lot. No. 113,“'thence Southeasterly
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`-x along the Northeasterly iTiie^qf said Sub' Late/No. 113, 103
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`41/100 feet to tlie-most Easteri-y^corner of/said Sub Lot
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`No. 113; thepce Southwesterly aldng^Jthe/Southeasterly
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`line of said.-Sub Lot No.x 113, 40 f%e£ to the most
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`Southerly jcdrner^f^..said 'Sub Lot Not' 113 and the
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`Northeasterly^ line b£ Holyoke Avenue; thence
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`Northwesterly along the Northeasterly line of Holyoke
`Avenue, 94 91/100^'feet^to the Easterly curved line of
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`Hayden Avenue;.. 70 feet wlde;/thence Northeasterly along
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`said Easterly curved line pf7 Hayden Avenue being the arc
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`of a ci/cle'xieflectiligr'Co the left having a radius of
`1389 0/100 f)eet and a chord bearing South 25° 04' 15"
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`West,; /4T^i3^100 feet to the place of beginning, as
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`appeajrk by said platl ’.be the same more or less, but
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`CUYAHOGA COUNTY RECORDER
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`200006060521 PAGE lot 2
`
`subject to. all legalAighways. M ROBERT KLAIBER P.E., P.S.
`
`X
`
`"
`
`/
`
`,
`
`\_z
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`Legal Description complies with
`
`Cuyahoga County Conveyance
`
`Permanent P<rcel No.^-671-09-118
`
`Standards and Is approved for
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`JUN-H-200^
`
`Ageht Date
`
`To have and to hold the premises aforesaid, with the
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`appurtenances thereunto belonging to the said Grantee, his heirs
`
`and assigns, so that neither the said Grantors, nor their heirs,
`
`nor any other persons claiming title through or under them, shall
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`or will hereafter claim or demand any right or title to the
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`premises, or any part thereof; but they and every one of them shall
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`by these presents be excluded and forever barred.
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`And for valuable consideration, JAMES FERGUSON and CASSIE
`
`FERGUSON, husband and wife, do hereby remise, release and forever
`
`Electronically Filed 12/18/2020 12:51 I I CV 20 941698 I Confirmation Nbr. 2139518 I CLDLJ
`
`

`

`I
`
`I
`
`I
`
`i
`
`i
`
`I
`
`I
`
`i'
`
`I
`
`quit-claim unto the said Grantee, his heirs and assigns, all our
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`right and expectancy of Dower in
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`the above described premises.
`
`IN WITNESS WHEREOF, we have
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`hereunto set our hands the / Z
`
`day of May, 2000.
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`Signed and acknowledged in
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`the presence of:
`
`(Witnesses as to both signatures)
`
`Signed:
`
`Print Name:
`
`Signed:
`
`Print Name:
`
`Cassie Ferguson
`x
`
`" «>
`
`f
`
`\ <
`
`h T
`
`- X
`
`STATE OF OHIO
`
`) f
`
`20(NHJBn®t52l PAGE 2 of g
`
`COUNTY OF CUYAHOGA }/ --...
`
`) ss.
`
`'"
`
`c.
`
`BEFORE ME, a Notary Public"‘in and for skid (County and State,
`
`personally appeared ..the—-above named- JAMES FERGUSON and CASSIE
`
`FERGUSON, who acknowledged that they "did, sign the foregoing
`
`instrument and that—the .same is their free act'and deed.
`■ i *
`IN WITNESS WHEREOF, I have hereunto set my hand and official
`
`seal at Beachwoo^, Ohio, this l7\ j day of May, 2000.
`
`PARCEL NO.
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`CONVEYANCE IS Iff COMPLIANCE WITH SEC. 319.202 O.R.C.
`
`i \PAID
`
`\
`
`Notary Public
`
`RONALD schickler, Attorney
`
`NOTARY FUBLiC - STATE OF 0H1U
`
`My Commission Has No Expiration Data
`
`Section 147.03 R. IL
`
`Conveyance Fee__
`
`__Rar.aipt.-Na.
`
`TYPE
`
` " . |
`
`FRANK RUSSO, CuyEhoga Co1.
`
`f"
`
`’
`
`-uYAHOGa coum )>y AUDITOR
`
`This instrument prepared by:
`
`Ronald S. Schickler
`
`Attorney-at-Law
`
`21825 Chagrin Blvd., Suite 320
`
`Beachwood, Ohio 44122
`
`(216) 491-3850
`
`Electronically Filed 12/18/2020 12:51 / / CV 20 941698 / Confirmation Nbr. 2139518 I CLDLJ
`
`2
`
`

`

`Branch :LJA,User :DSTO
`
`Comment:
`
`Station Id :W8FV
`
`L.W. KELLEY SUB V.51 P.23
`
`FRISBIE CD'S WINDEMERE SUB N0.2 V.27 P.18
`
`J.A. & B.F. STAFORD V.18 P.17
`■ JNO.S. WILLIAMS SUB V.27 P.5
`.LOT SPLIT & CONS. V. 330 P. 60 3-1-04
`
`o
`
`o
`
`o
`
`o
`
`o
`
`o
`
`CIBMKKibWHiled 12/18/2020 12:51 / / CV 20 941698 /ECgefirmatjon Nbr. 2139518 / CLDLJ panted on 6/25/2019 5:39:47 PM
`
`Document: Assessor Map 671.09
`
`

`

`August 12, 2019
`
`INVOICE
`
`To: Michael Sweeney, Supervisor
`
`To: Bonnie Sara
`
`Taxpayer Services Division
`
`Office of the Prosecuting Attorney
`
`2079 East Ninth Street
`
`Cleveland, Ohio 44115
`
`Civil Division - Tax Foreclosure Section
`
`Prosecutors Office
`
`Court House Square
`
`VIA FACSIMILE: (216) 443-7444
`
`310 West Lakeside
`
`Suite 300
`
`Cleveland, Ohio 44113
`
`VIA EMAIL:
`
`bsara@prosecutor.cuyahogacoutny.us
`
`Permanent Parcel No:
`
`671 -09-118
`
`Owner(s):
`
`James Ferguson, Trustee, The James Ferguson Trust
`
`Property Address:
`
`1811 Holyoke Avenue
`
`East Cleveland, OH44112
`
`Our File Number:
`
`191689NS
`
`Service(s)
`
`Fee
`
`Preliminary Judicial
`
`$425.00
`
`The fees above will be included on your monthly statement. Please contact our office at
`
`(216) 623-3655 if you have any questions. Thank you.
`
`Electronically Filed 12/18/2020 12:51 / / CV 20 941698 / Confirmation Nbr. 2139518 I CLDLJ
`
`

`

`Report No.: 136083-1-191689NS-2020.2715535-218996303
`
`SUPPLEMENTAL PRELIMINARY JUDICIAL REPORT
`
`Issued by
`
`Fidelity National Title Insurance Company
`
`Supplemental Judicial
`
`2/3/2020
`
`Effective Date:
`
`File No.:
`
`191689NS
`
`Final Judicial Number:
`
`136083-1-191689NS-2020.
`
`Preliminary Judicial Number: 136083-1-191689NS-2020.2748435-2173 87224
`
`Owner:
`
`James Ferguson, Trustee, The James Ferguson Trust
`
`Parcel No(s):
`
`671-09-118
`
`Property
`
`Address:
`
`1811 Holyoke Avenue, East Cleveland, OH 44112
`
`Tax Mailing
`
`25583 Bryden Road, Beachwood, OH 44122
`
`Address:
`
`An examination of the record title from the Effective Date of the Preliminary Judicial Report, any Supplemental
`
`Judicial Report or Final Judicial Report dated August 14, 2019, Order No. 191689NS, has been made to the date
`
`hereof and the C