HomeMy WebLinkAboutDeed APPLICANT 4/23/2021 (2)_ Nr tAmerfcae Title lesurm,o Cm my
First American 2692 fieecenr Avenue
Eugene, OR 97906-]397
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PUBLIC RECORD REPORT
FOR NEW SUBDIVISION OR LAND PARTITION
THIS REPORT IS ISSUED BY THE ABOVE-NAMED COMPANY ("THE COMPANY') FOR THE EXCLUSIVE USE
OF:
First American Tide Insurance Company-, National Commercial Services
Two Liberty Place, , 50 South 16th Street, Suite 2600
Philadelphia, PA 19102
Phone: (215)568-0212
Date Prepared
: April 07, 2021
Effective Date
: 8:00 AM on March 29, 2021
Order No.
: 7199-3714721
Subdivision
N/A
The information contained in this report is furnished by First American Title Insurance Company (the
"Company") as an information service based on the records and indices maintained by the Company for
the county identified below. This report is not title insurance, is not a preliminary title report for title
insurance, and is not a commitment for title insurance. No examination has been made of the Company's
records, other than as specifically set forth in this report. Liability for any loss arising from errors and/or
omissions is limited to the lesser of the fee paid or the actual loss to the Customer, and the Company will
have no greater liability by reason of this report. This report is subject to the Definitions, Conditions and
Stipulations contained in it.
771#1111
A. The Land referred to in this report is located in the County of Lane, State of Oregon, and is
described as follows:
As fully set forth on Exhibit "A" attached hereto and by this reference made a part hereof.
B. As of the Effective Date, the tax account and map references pertinent to the Land are as
follows:
As fully set forth on Exhibit "A" attached hereto and by this reference made a part hereof.
C. As of the Effective Date and according to the Public Records, we find title to the land apparently
vested in:
As fully set forth on Exhibit "B" attached hereto and by this reference made a part hereof
D. As of the Effective Date and according to the Public Records, the Land is subject to the following
liens and encumbrances, which are not necessarily shown in the order of priority:
As fully set forth on Exhibit "C" attached hereto and by this reference made a part hereof.
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EXHIBIT"A"
(Land Description Map Tax and Account)
PARCELI:
Beginning at a point on the East line of Interstate Five, said point being 600.0 feet North 040 40' 04" East
from the Northwest comer of that certain tract of land described in amendment to contract between
Anna Boyd Davis Reed, seller and Staff Jennings, Inc., buyer, said amendment being recorded July 20,
1971, Reel 541, Reception No. 55588, Official Records of Lane County, Oregon, and said beginning point
being more particularly described as being 125.69 feet North 000 04' West and 564.27 feet South 680 40'
West and 619.49 feet West and 600.0 feet North 040 40'04" East from the Southwest comer of the W.
M. Stevens Donation Land Claim No. 46, Section 22, Township 17 South, Range 03 West of the
Willamette Meridian, Lane County, Oregon, running thence North 040 40' 04" East along the East line of
Interstate 5 a distance of 1360.7 feet to the Southwest comer of that, certain tract of land conveyed in
Tract II to Calef Properties by Deed recorded November 4, 1971, Reception No. 71503, Official Records
of Lane County, Oregon; thence South 890 50' East 983.66 feet to a point on the West line of Stevens
Donation Land Claim, thence North 000 04' West along the West line of said Stevens Donation Land Claim
278.19 feet; thence North 890 45' 20" East 287.16 feet to a point on the Westedy line of Gateway Street;
thence South 040 55' 44" West along the West line of Gateway Street 1064.03 feet; thence along the
West line of Gateway Street on the arc of a 2904.79 foot radius curve left (the long chord of which bears
South 020 28' 36" West 248.63 feet) a distance of 248.70 feet; thence leaving the West line of said
Gateway Street South 680 40' West 889.63 feet; thence West 450.0 feet to the Place of Beginning.
PARCEL II:
Beginning at a point on the North line of that certain tract of land described in amendment to contract
between Anna Boyd Davis Reed, seller and Staff Jennings, Inc., buyer, said amendment being recorded
July 20, 1971, Reel 541, Reception No. 55588, Official Records of Lane County, Oregon; said point being
on the West line of the W. M. Stevens Donation Land Claim No. 46, Section 22, Township 17 South,
Range 03 West of the Willamette Meridian, Lane County, Oregon 125.69 feet North 000 04' West from
the Southwest corner of said Stevens Donation Land Claim; running thence South 680 40' West 564.27
feet; thence West 619.49 feet to a point on the East line of Interstate Five; thence North 000 40' 04" East
along the East line of Interstate Five a distance of 600.0 feet; thence East 450.0 feet; thence North 680
40' East 889.63 feet to the West line of Gateway Street; thence Southerly along the Westedy line of
Gateway Street to a point marking the Northeast corner of the above mentioned Staff Jennings, Inc.,
tract, thence South 680 40' West 267.08 feet to the Place of Beginning.
PARCEL III:
A parcel of land in Section 22, Township 17 South, Range 3 West of the Willamette Meridian, in the City
of Springfield, described as follows:
Beginning at a point on the West line of the William Stevens Donation Land Claim No. 46, Township 17
South, Range 3 West of the Willamette Meridian, 1498.38 feet South 00 04' East from the Northwest
comer of said Donation Land Claim No. 46; thence South 00 04' East 211.69 feet along said West line;
thence South 890 49' 20" West 834.94 feet to a point on the Eastedy right of way line of Interstate 5;
thence South 40 40' West 1422.55 feet along said Easterly right of way line of Interstate 5 to the true
point of beginning; thence continuing South 40 40' West 378.96 feet along said right of way line; thence
South 890 50' East 983.66 feet to a point on the West line of said Donation Land Claim No. 46, North 00
04' West, 1870.77 feet from the Southwest corner of said Donation Land Claim No. 46; thence North 00
04' West 278.19 feet along said West line; thence North 890 45' 20" East 287.16 feet to a point on the
Westerly right of way line of Gateway Street; thence North 40 56' East 106.83 feet along the Westerly
right of way line of Gateway Street to a point which bears North 890 45' 20" East from the True Point of
Beginning; thence South 890 45' 20" West 1248.92 feet to the True Point of Beginning, in Lane County,
Oregon.
PARCEL IV:
Beginning at a point being North 00 04' 00" West 125.69 feet and South 680 40' 00" West 369.59 feet
from the Southwest comer of the W. M. Stevens Donation Land Claim No. 46, in Section 22, Township 17
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South, Range 3 West of the Willamette Meridian; said point being on the Westerly margin of Beverly
Street, thence along said margin South 210 20' 00" East 291.02 feet to the Northerly margin of Harlow
Road; thence leaving said Westerly margin along the Northerly margin, along the arc of a 2819.79 foot-
radius curve to the night (the chord of which curve bears South 730 17' 16" West 296.53 feet) a distance
of 296.67 feet; thence continuing along said margin South 760 25' 34" West 73.40 feet; thence
continuing along said margin South 890 22' 51" West 576.88 feet to the Easterly margin of Interstate 5;
thence leaving said Northerly margin along the Easterly margin North 40 41' 18" East 310.02 feet; to the
Southwest corner of that certain parcel conveyed to Gateway Mall Limited Partnership, a South Dakota
Partnership by instrument recorded under Reception No. 88-12552 Official Records, Lane County,
Oregon; thence leaving said Easterly margin East along the south line of aforesaid Gateway Mall Limited
Partnership property.
EXCEPT THEREFROM that portion conveyed to Dayton Hudson Corporation, a Minnesota corporation, by
deed recorded March 13, 1990, Recorders Reception No. 90-11882, Lane County Oregon Official
Records, described as follows: Beginning at a point being North 559.08 feet and West 883.78 feet from
the Southwest corner of the W. M. Stevens Donation Land Claim No. 46, in Section 22, Township 17
South, Range 3 West of the Willamette Meridian; thence South 850 20' 00" East 192.50 feet; thence
South 40 40' 00" West 146.92 feet; thence South 850 20' 00" East 178.76 feet; thence North 40 40' 00"
East 4.85 feet; thence South 850 20' 00" East 35.78 feet; thence North 340 39' 03" East 84.36 feet;
thence South 850 20' 00" East 429.71 feet; thence South 40 21' 29" East 65.26 feet; thence along the arc
of a 228.00 foot radius curve to the night (the chord of which curve bears South 320 09' 15" West 271.32
feet) a distance of 290.59 feet; thence South 680 40' 00" West 166.75 feet; thence South 210 20'00"
East 54.00 feet; thence South 680 40' 00" West 60.00 feet; thence North 210 20' 00" West 54.00 feet;
thence South 680 40' 00" West 217.49 feet; thence South 900 00' 00" West 365.85 feet; thence North 40
40' 00" East 598.65 feet to the point of beginning, in Lane County, Oregon.
ALSO EXCEPTING THEREFROM that portion described in General Judgment recorded April 6, 2007,
Reception No. 2007-022874, Official Records of Lane County, Oregon.
ALSO EXCEPT THEREFROM that portion conveyed to City of Springfield for public road by Bargain and
Sale Deed recorded October 9, 2008, Document No. 2008-056324, Lane County Records.
ALSO EXCEPTING THEREFROM that portion described in Bargain and Sale Deed recorded March 8, 1990,
Reception No. 90-11194, Official Records of Lane County, Oregon.
(Tax Lot Numbers 17-03-22-00-02109, 17-03-22-00-02200, 17-03-22-00-02218, 17-03-22-00-02219, 17-
03-22-00-02300 and 17-03-22-00-02305)
THE ABOVE DESCRIBED LAND ALSO BEING KNOWN AS:
Beginning at a point North 00 degrees 04' 00" West a distance of 125.69 feet from the Southwest corner
of the W.M. Stevens Donation Land Claim No. 46, in Section 22, Township 17 South, Range 3 West,
Willamette Meridian; thence South 68 degrees 40' 00" West a distance of 369.62 feet to the Westerly
right-of-way of Beverly Street; thence South 21 degrees 20' 00" East along said Westerly right-of-way a
distance of 291.02 feet to the Northerly right-of-way of Harlow Road; thence along the Northerly right-of-
way of Harlow Road along the arc of a 2819.79 foot radius curve right (the chord of which bears South
73 degrees 19' 13" West a distance of 296.53 feet) a distance of 296.67 feet; thence continuing along
said Northerly right-of-way, South 76 degrees 25' 57" West a distance of 73.46 feet; thence continuing
along said Northerly right-of-way South 89 degrees 22' 51" West a distance of 576.60 feet to the Easterly
right-of-way of Interstate 5; thence North 04 degrees 41' 34" East along said Easterly right-of-way a
distance of 2647.83 feet to the Southwest comer of that parcel described on Reel 1139, Reception No. 81
24247; thence leaving said Easterly right-of-way North 89 degrees 46' 54" East along the South line and
extension thereof of said parcel, a distance of 1249.20 feet to the Westerly right-of-way of Gateway
Street; thence along said Westerly right-of-way the following courses and distances: along the arc of a
53.0 foot radius curve right (the chord of which bears South 15 degrees 55' 15" West a distance of 20.14
feet) a distance of 20.27 feet; thence along the arc of a 127.0 foot radius curve left (the chord of which
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bears South 15 degrees 55' 15" West a distance of 48.27 feet) a distance of 48.56 feet; thence South 04
degrees 57' 57" West a distance of 148.74 feet; thence South 26 degrees 54' 23" West a distance of
32.12 feet; thence South 04 degrees 57' 57" West a distance of 85.15 feet; thence South 27 degrees 39'
44" East a distance of 46.37 feet; thence South 04 degrees 57' 57" West a distance of 800.07 feet to the
point of curvature of a 2904.93 foot radius curve left thence along the arc of said curve (the chord of
which bears South 02 degrees 46' 21" West a distance of 222.48 feet) a distance of 222.53 feet; thence
along the arc of a 53.0 foot radius curve right (the chord of which bears South 11 degrees 12' 04" West a
distance of 19.54 feet) a distance of 19.66 feet; thence along the arc of a 127.0 foot radius curve left
(the chord of which bears South 10 degrees 31' 53" West a distance of 49.75 feet) a distance of 50.07
feet; thence along the arc of a 2917.93 foot radius curve left (the chord of which bears South 02 degrees
31' 23" East a distance of 179.44 feet) a distance of 179.46 feet; thence South 17 degrees 30' 11" West a
distance of 31.92 feet thence South 05 degrees 43' 11" East a distance of 87.27 feet; thence South 39
degrees 45' 43" East a distance of 46.13 feet; thence along the arc of a 2904.93 foot radius curve left
(the chord of which bears South 09 degrees 46' 48" East a distance of 248.05 feet) a distance of 248.12
feet; thence leaving the Westerly right-of-way of Gateway Street, South 68 degrees 40' 00" West a
distance of 267.40 feet to the Point of Beginning, all in Lane County, Oregon.
EXCEPT THEREFROM that portion conveyed to Dayton Hudson Corporation, a Minnesota corporation, by
deed recorded March 13, 1990, Recorders Reception No. 90-11882, Lane County Oregon Official
Records, described as follows: Beginning at a point being North 559.08 feet and West 883.78 feet from
the Southwest corner of the W. M. Stevens Donation Land Claim No. 46, in Section 22, Township 17
South, Range 3 West of the Willamette Mendian; thence South 85 degrees 20' 00" East 192.50 feet;
thence South 4 degrees 40'00" West 146.92 feet; thence South 85 degrees 20' 00" East 178.76 feet;
thence North 4 degrees 40' 00" East 4.85 feet; thence South 85 degrees 20' 00" East 35.78 feet; thence
North 34 degrees 39' 03" East 84.36 feet; thence South 85 degrees 20' 00" East 429.71 feet; thence
South 4 degrees 21' 29" East 65.26 feet; thence along the arc of a 228.00 foot radius curve to the right
(the chord of which curve bears South 32 degrees 09' 15" West 271.32 feet) a distance of 290.59 feet;
thence South 68 degrees 40' 00" West 166.75 feet; thence South 21 degrees 20'00" East 54.00 feet;
thence South 68 degrees 40' 00" West 60.00 feet; thence North 21 degrees 20' 00" West 54.00 feet;
thence South 68 degrees 40' 00" West 217.49 feet; thence South 90 degrees 00' 00" West 365.85 feet;
thence North 4 degrees 40' 00" East 598.65 feet to the point of beginning, in Lane County, Oregon.
ALSO EXCEPTING THEREFROM that portion described in General Judgment recorded April 6, 2007,
Reception No. 2007-022874, Official Records of Lane County, Oregon.
ALSO EXCEPT THEREFROM that portion conveyed to City of Springfield for public road by Bargain and
Sale Deed recorded October 9, 2008, Document No. 2008-056324, Lane County Records.
ALSO EXCEPTING THEREFROM that portion described in Bargain and Sale Deed recorded March 8, 1990,
Reception No. 90-11194, Official Records of Lane County, Oregon.
(Tax Lot Numbers 17-03-22-00-02109, 17-03-22-00-02200, 17-03-22-00-02218, 17-03-22-00-02219, 17-
03-22-00-02300 and 17-03-22-00-02305)
PARCEL V:
Together with those rights and easements constituting rights in real property created defined and limited
by that certain Construction, Operation and Reciprocal Easement Agreement by and between Gateway
Mall Limited Partnership, a South Dakota limited partnership (Developer) and Dayton Hudson
Corporation, a Minnesota corporation (Target), including the terns and provisions thereof, dated March
13, 1990, recorded March 13, 1990 under Recorder's Reception No. 90-11883, in the Official Records of
Lane County, Oregon and as amended by instruments recorded June 13, 2003, Document No. 2003-
053669, recorded October 29, 2013, Document No. 2013-056807 and recorded June 10, 2014, Document
No. 2014-021249.
NOTE: This legal description was created prior to January 1, 2008.
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Map No.: 17-03-22-00-02109,17-03-22-00-02200, 17-03-22-00-02218, 17-03-22-00-02219, 17-03-22-
00-02300, and 17-03-22-00-02305
Tax Account No.: 1054251, 0188373, 1459146, 1489812, 0188449, 1772597, 1772605, and 1004538
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EXHIBIT"B"
(Vesting)
BRFI Gateway, LLC, a Delaware limited liability mmpany
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EXHIBIT"C"
(Liens and Encumbrances)
1. City liens, if any, of the City of Springfield.
2. Easement, including terms and provisions contained therein
Recording Information:
June 23, 1926 as Book 148, Page 569, Deed Records of
Lane County, Oregon
In favor of:
Mountain States Power Company
For:
Electric transmission lines and/or electric distribution
system
3. Easement, including terms and provisions contained therein:
Recording Information:
June 23, 1926 as Book 148, Page 571, Deed Records of
Lane County, Oregon
In favor of:
Mountain States Power Company
For:
Electric transmission lines and/or electric distribution
system
4. Easement, including terms and provisions contained therein:
Recording Information:
November 04, 1936 as Book 189, Page 24, Deed
Records of Lane County, Oregon
In favor of:
Eugene -Springfield Land 8. Water Company
For:
Irrigation ditches and canals
The above easement was assigned by numerous documents, the last of which was Quitclaim Deed,
Recorded February 22, 1989, Reception No. 89-08203, in the aforesaid land records.
S. Limited access provisions contained in Deed to the State of Oregon, by and through its State
Highway Commission recorded June 28, 1957, Reception No. 16055, which provides that no right of
easement or right of access to, from or across the State Highway other than expressly therein
provided for shall attach to the abutting property.
6. Limited access provisions contained in Deed to the State of Oregon, by and through its State
Highway Commission recorded May 15, 1958, Reception No. 38851, which provides that no right of
easement or right of access to, from or across the State Highway other than expressly therein
provided for shall attach to the abutting property.
7. Easement, including terms and provisions contained therein:
Recording Information: October 30, 1959, Reception No. 82151
In Favor of: Eugene Water 8. Electric Board
For: Electric power, telephone and telegraph equipment,
lines and poles
8. Easement, including terms and provisions contained therein:
Recording Information: November 03, 1959, Reception No. 82428
In Favor of: Eugene Water 8. Electric Board
For: Electric power, telephone and telegraph equipment,
lines and poles
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13. Easement, including terms and provisions contained therein
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September 24, 1976, Reception No. 76-50098
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Drainage purposes
9.
Easement, including terms and provisions contained therein:
Recording Information:
February 21, 1962, Reception No. 60269
In Favor of:
Pacific Power 8. Light Company
For:
Electric transmission and distribution fines
10.
Easement, including terms and provisions contained therein:
Recording Information:
February 21, 1962, Reception No. 60270
In Favor of:
Pacific Power 8. Light Company
For:
Electric transmission and distribution lines
11.
Easement, including terms and provisions contained therein as disclosed by the following document::
Agreement and the terms and conditions thereof:
Recording Information:
May 21, 1962, Reception No. 70248
The City of Springfield
In Favor of:
Pacific Power 8. Light Company
Gateway Mall Limited Partnership
For:
Electric transmission and distribution lines
12.
Easement, including terms and provisions contained therein as disclosed by the following document:
Modification and/or amendment by instrument:
Recording Information:
May 21, 1962, Reception No. 70248
March 13, 1990, Reception No. 90-11886 and February 11, 1998 as
In Favor of:
McKenzie Water Control District
Instrument No. 98-09140
For:
Floodway and ditches
13. Easement, including terms and provisions contained therein
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Recording Information:
September 24, 1976, Reception No. 76-50098
In Favor of:
City of Springfield
For:
Drainage purposes
14.
Easement, including terms and provisions contained therein:
Recording Information:
September 24, 1976, Reception No. 76-50099
In Favor of:
City of Springfield
For:
Drainage purposes
15.
Easement, including terms and provisions contained therein:
Recording Information:
February 08, 1980, Reception No. 80-07062
In Favor of:
City of Springfield
For:
Public utilities
16.
Disposition and Development
Agreement and the terms and conditions thereof:
Between:
The City of Springfield
And:
Gateway Mall Limited Partnership
Recording Information:
October 21, 1988, Reception No. 88-44251
Modification and/or amendment by instrument:
Recording Information:
March 13, 1990, Reception No. 90-11886 and February 11, 1998 as
Instrument No. 98-09140
17.
Waiver, Consent to Pay Assessment, Agreement to Pay Certain Improvement Costs, and Agreement
for Provision of Surety including
the terms and provisions thereof:
Recorded:
October 21, 1988, Reception No. 88-44252
Executed by:
Gateway Mall Limited Partnership
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18. Easement, including terms and provisions contained therein:
Recording Information: September 28, 1989, Reception No. 89-43900
In Favor of: Eugene Water 8. Electric Board
For: Underground electric distribution line
19. Easement, including terms and provisions contained therein:
Recording Information: February 23, 1990, Reception No. 90-08986
In Favor of: Rainbow Water Fire District
For: Underground water line
20. Easement, including terms and provisions contained therein:
Recording Information: March 08, 1990, Reception No. 90-11195
In Favor of: City of Springfield
For: Storm sewer line and traffic signal devices
21. Construction, Operation and Reciprocal Easement Agreement, including terns and provisions thereof.
Recorded: March 13, 1990, Reception No. 90-11883
Modification and/or amendment by instrument:
Recording Information: June 13, 2003 as Instrument No. 2003-053669
Modification and/or amendment by instrument:
Recording Information: October 29, 2013 as Instrument No. 2013-056807
Modification and/or amendment by instrument:
Recording Information: June 10, 2014 as Instrument No. 2014-021249
Assignment and Assumption Agreement and the terms and conditions thereof, recorded March 07,
2017 as Instrument No. 2017-011363.
22. Unrecorded Separate Agreement and the terns and conditions thereof:
Between: Gateway Mall Limited Partnership
And: Dayton -Hudson Corporation (Target), as disclosed by
memorandum thereof
Recording Information: March 13, 1990, Reception No. 90-11884
23. Lease and the terns and conditions thereof
Lessor:
Gateway Mall Limited Partnership a South Dakota limited
partnership
Lessee:
Sears, Roebuck and Co., a New York Corporation
As disclosed by:
Memorandum of Lease
Recorded:
April 09, 1990
Recording No.:
Reception No. 90-16157
(Affects a portion)
Agreement of Subordination, Non -Disturbance and Attornment, including the terns and provisions
thereof, recorded January 06, 2016 as Instrument No. 2016-000456
The lease above being subordinated to the Insured Mortgage by virtue of a Subordination,
Nondisturbance and Attornment Agreement, by and between BRFI Gateway, LLC and (as successor -
in interest), as lessor, Sears, Roebuck and Co., a New York corporation, as tenant, dated September
19, 2017, and recorded September 20, 2017 as Instrument No. 2017-047246.
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The present ownership of the leasehold created by said lease and other matters affecting the interest
of the lessee are not shown herein.
24. Lease and the teras and conditions thereof:
Lessor: Gateway Mall Partners, a South Dakota general partnership
Lessee: United Merchandising Corp., a California Corporation
As disclosed by: Memorandum of Lease
Recorded: April 11, 1995
Recording No.: Instrument No. 95-19998
(Affects a portion)
The present ownership of the leasehold created by said lease and other matters affecting the interest
of the lessee are not shown herein.
25. Easement, including terms and provisions contained therein:
Recording Information: June 18, 1996 as Instrument No. 96-40795
In favor of: Springfield Utility Board
For: Utility purposes
26. City of Springfield Improvement Agreement and Application for Sewer Hookup, including terns and
provisions thereof.
Recorded: June 20, 1996 as Instrument No. 96-41612
27. Easement, including terms and provisions contained therein:
Recording Information: October 30, 1996 as Instrument No. 96-73241
In favor of: Springfield Utility Board
For: Utilities
28. Easement, including terms and provisions contained therein:
Recording Information: September 26, 1997 as Instrument No. 97-65399
In favor of: City of Springfield
For: Public utilities
29. Lease and the terns and conditions thereof as disclosed by Memorandum of Lease.
Lessor: Gateway Mall Partners, a South Dakota general partnership
Lessee: Cinemark USA, Inc., a Texas corporation
Dated: November 25, 1997
Recorded: September 07, 1999
Recording Information: Instrument No. 99-077472
(Affects a portion)
Subordination, Non -Disturbance and Attomment Agreement, including the terms and provisions
thereof, recorded 3anaury 06, 2016 as Instrument No. 2016-000457.
The lease above being subordinated to the Insured Mortgage by virtue of a Subordination,
Nondisturbance and Attornment Agreement, by and between BRE Gateway, LLC and (as successor -
in interest), as lessor, CINEMARK USA, INC., a Texas corporation, as tenant, dated September 19,
2017, and recorded September 20, 2017 as Instrument No. 2017-046716.
The present ownership of the leasehold created by said lease and other netters affecting the interest
of the lessee are not shown herein.
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30. Easement, including terms and provisions contained therein:
Recording Information: November 16, 2001 as Instrument No. 2 00 1-0766 70
In Favor of: City of Springfield, acting by and through its Springfield
Utility Board
For: utility
31. Lease and the terns and conditions thereof as disclosed by Memorandum of Lease.
Lessor: GGP - Gateway Mall, L.L.C., a Delaware limited liability company
Lessee: RCI Realty, LLC, a Georgia limited liability company
Dated: December 31, 2001
Recorded: March 01, 2002
Recording Information: Instrument No. 2002-016301
(Affects a portion)
Assignment of Rights in Lease, including the terns and provisions thereof,
Dated: October 11, 2002
Recording Information: October 30, 2002 as Instrument No. 2002-084778
An assignment of the Lessee's interest in said lease was
Executed By: Ammst, LLC, a Delaware limited liability company
To: Apple Oregon, LLC, a Delaware limited liability company
Dated: October 10, 2012
Recorded: October 16, 2012
Recording Information: Instrument No. 2012-053095
The present ownership of the leasehold created by said lease and other matters affecting the interest
of the lessee are not shown herein.
32. Easement, including terms and provisions contained therein:
Recording Information: June 04, 2002 as Instrument No. 2002-042936
In Favor of: City of Springfield, a municipal corporation, acting by
and through is Springfield Utility Board
For: utilities
33. Lease and the terns and conditions thereof as disclosed by Memorandum of Lease.
Lessor: GGP-Gateway Mall L.L.C., formerly known as Gateway Mall
Partners, a South Dakota general partnership
Lessee: OCB Restaurant Co., a Minnesota corporation, as successor by
merger to OCB Realty Co.
Term: 5 years
Dated: June 06, 2003
Recorded: June 13, 2003
Recording Information: Instrument No. 2003-053841
(Affects a portion)
The present ownership of the leasehold created by said lease and other matters affecting the interest
of the lessee are not shown herein.
The assignment of Lessee's interest under the lease.
Assigned By: OCB Restaurant Co., a Minnesota corporation, as successor by
merger to OCB Realty Co.
Assigned To: ORGS LLC, a Delaware limited liability company
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Order No. ]199-3714721
Dated: June 06, 2003
Recorded: June 13, 2003
Recording No.: Instrument No. 2003-053842
(Affects a portion)
Grant Deed (Improvements), including the terns and provisions thereof,
Recording Information: June 13, 2003 as Instrument No. 2003-053843
(affects only improvements owned by ORGS, LLC)
The present ownership of the leasehold created by said lease and other matters affecting the interest
of the lessee are not shown herein.
34. Lease and the terns and conditions thereof
Lessor:
ORGS LLC, a Delaware limited liability company
Lessee:
ORG Properties LLC, a Delaware limited liability company
As disclosed by:
Memorandum of Lease
Recorded:
June 13, 2003
Recording No.:
Instrument No. 2003-053847
35. Lease and the terns and conditions thereof as disclosed by Memorandum of Lease.
Lessor:
ORG Properties LLC, a Delaware limited liability company
Lessee:
O.R.G. Restaurants, LLC, a California limited liability company
Term:
15 years
Dated:
June 06, 2003
Recorded:
June 13, 2003
Recording Information:
Instrument No. 2003-053850
(Affects a portion)
Modification and/or amendment by instrument:
Recording Information:
May 07, 2013 as Instrument No. 2013-024627
The present ownership of the leasehold created by said lease and other matters affecting the interest
of the lessee are not shown herein.
36. Non -Disturbance and Attomment Agreement, including terns and provisions thereof.
Recorded: June 13, 2003 as Instrument No. 2003-053851
37. Lease and the terns and conditions thereof as disclosed by Memorandum of Lease.
Lessor: GGP-Gateway Mall, L.L.C., a Delaware limited liability company
Lessee: Kohl's Department Stores, Inc., a Delaware corporation
Term: Term expiring January 31, 2027, subject to 8 separate options to
extend the term for successive periods of 5 years each
Dated: August 15, 2005
Recorded: November 15, 2005
Recording Information: Instrument No. 2005-090944
(Affects a portion)
The lease above being subordinated to the Insured Mortgage by virtue of a Subordination,
Nondisturbance and Attornment Agreement, by and between BRFI Gateway, LLC (as successor -in -
interest), as lessor, KOHL'S DEPARTMENT STORES, INC., a Delaware corporation, as tenant, dated
September 19, 2017, and recorded September 20, 2017 as Instrument No. 2017-046717.
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Order No. ]199-3714721
The present ownership of the leasehold created by said lease and other matters affecting the interest
of the lessee are not shown herein.
38. Easements, including the terms and provisions thereof, contained in that General Judgment entered
in Lane County Circuit Court Case No. 160600821, and recorded April 06, 2007 as Instrument No.
2007-022874
39. Landlord Agreement and the terns and conditions thereof:
Between: Apple Oregon, LLC, a Delaware limited liability company
And: GGP-Gateway Mall, LLC, a Delaware limited liability
company
Recording Information: December 26, 2012 as Instrument No. 2012-066081
40. Lease and the terns and conditions thereof:
Lessor: GGP-Gateway Mall, LLC, a Delaware limited liability company
Lessee: Wal-Mart Stores, Inc., a Delaware corporation
As disclosed by: Memorandum of Lease
Recorded: December 27, 2012
Recording No.: Instrument No. 2012-066273
(Affects a portion)
Subordination, Non-Disturbance and Attornment Agreement, including the terms and provisions
thereof, recorded February 04, 2016 as Instrument No. 2016-004754
The lease above being subordinated to the Insured Mortgage by virtue of a Subordination,
Nondisturbance and Attornment Agreement, including terns and provisions thereof by and between
BRFI Gateway, LLC (as successor-in-interest), as lessor, Wal-Mart Stores, Inc. a Delaware
corporation, as tenant, dated September 19, 2017, and recorded September 20, 2017 as Instrument
No. 2017-046715.
The present ownership of the leasehold created by said lease and other netters affecting the interest
of the lessee are not shown herein.
41. Payment and Performance Bond, including terms and provisions thereof.
Recorded: March 28, 2013 as Instrument No. 2013-016861
42. Unrecorded lease dated July 23, 2010, as amended, by and between BRFI Gateway, LLC (successor
in-interest), as landlord, and Cabala's Wholesale, Inc., a Nebraska corporation, as tenant.
The lease above being subordinated to the Insured Mortgage by virtue of a Subordination
Agreement, Acknowledgment of Lease Assignment, Estoppel, Attornment and Non-Disturbance
Agreement, by and between BRFI Gateway, LLC (as successor-in-interest), as lessor, Cabala's
Wholesale, Inc., a Nebraska, as tenant, dated September 19, 2017, and recorded September 20,
2017 as Instrument No. 2017-046718.
43. Unrecorded lease dated June 28, 2013, as amended, by and between BRFI Gateway, LLC (successor
in- interest), as landlord, and Marshalls of MA, Inc., a Massachusetts corporation, as tenant.
The lease above being subordinated to the Insured Mortgage by virtue of a Subordination,
Nondisturbance and Attornment Agreement, by and between BRFI Gateway, LLC (as successor-in-
interest), as lessor, Marshalls of MA, Inc., a Massachusetts corporation, as tenant, dated November
08, 2017, and recorded November 09, 2017 as Instrument No. 2017-055692.
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Order No. ]199-3714721
44. Lease and the terns and conditions thereof:
Lessor: GGP - Gateway Mall L.L.C., a Delaware limited liability company
Lessee: Wingmen V, LLC, a Washington limited liability company
As disclosed by: Memorandum of Lease
Recorded: May 17, 2013
Recording No.: Instrument No. 2013-026684
(Affects a portion)
45. Easement rights implied by that certain Memorandum of Lease from GGP - Gateway Mall L.L.C., a
Delaware limited liability company, Lessor, to Wingmen V, LLC, a Washington limited liability
company, Lessee, recorded May 17, 2013 as Instrument No. 2013-026684.
46. Notice of Operations and Maintenance Agreement, including terms and provisions thereof.
Recorded: February 26, 2014 as Instrument No. 2014-006757
47. An unrecorded lease and the terms and conditions thereof, disclosed by instrument recorded under
recording no. May 05, 2014 as Instrument No. 2014-016278.
Lessor: GGP-Gateway Mall, LLC, a Delaware limited liability company
Lessee: Hobby Lobby Stores, Inc., an Oklahoma corporation
Dated: March 31, 2014
Term: 10
The lease above being subordinated to the Insured Mortgage by virtue of a Subordination,
Nondisturbance and Attornment Agreement, including terms and provisions thereof by and between
BREI Gateway, LLC (as successor -in -interest), as lessor, Hobby Lobby Store, Inc., an Oklahoma
corporation, as tenant, dated September 19, 2017, and recorded September 20, 2017 as Instrument
No. 2017-046719.
48. Unrecorded lease dated September 30, 2014, as amended, by and between BREI Gateway, LLC (as
successor -in -interest), as lessor, Gateway Health Club, LLC, an Oregon limited liability company, as
tenant.
The lease above being subordinated to the Insured Mortgage by virtue of a Subordination,
Nondisturbance and Attornment Agreement, by and between BREI Gateway, LLC (as successor -in -
interest), as lessor, Gateway Health Club, LLC, an Oregon limited liability company, as tenant, dated
September 19, 2017, and recorded September 20, 2017 as Instrument No. 2017-050793.
49. An unrecorded lease and the terms and conditions thereof, disclosed by instrument recorded under
recording no. February 24, 2015 as Instrument No. 2015-007001.
Lessor: GGP-Gateway Mall, LLC, a Delaware limited liability company
Lessee: Ulta Salon, Cosmetics 8. Fragrance, Inc., a Delaware Corporation
Dated: February 10, 2015
50. Lease and the terns and conditions thereof
Lessor:
GGP-Gateway Mall, L.L.C., a Delaware limited liability company
Lessee:
Ross Dress for Less, Inc., a Virginia corporation
As disclosed by:
Memorandum of Lease
Recorded:
March 13, 2015
Recording No.:
Instrument No. 2015-009799
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Order No. ]199-3714721
(Affects said land and other properties)
The lease above being subordinated to the Insured Mortgage by virtue of a Subordination,
Nondisturbance and Attornment Agreement, by and between BRFI Gateway, LLC and (as successor -
in interest), as lessor, ROSS DRESS FOR LESS, INC., a Virginia corporation, as tenant, dated
September 19, 2017, and recorded October 16, 2017 as Instrument No. 2017-050792.
51. Subordination, Non -Disturbance and Attomment Agreement, including terms and provisions thereof.
Recorded: May 13, 2015 as Instrument No. 2015-020736
(Affects said land and other properties)
52. Deed of Trust and Assignments of Rents.
Grantor/Trustor: BRFI Gateway, LLC, a Delaware limited liability company
Grantee/Beneficiary: Wells Fargo Bank, National Association
Trustee: First American Title Insurance Company, a Nebraska corporation
Amount: $59,500,000.00
Recorded: September 20, 2017
Recording Information: Instrument No. 2017-046713
Note: This Deed of Trust contains Line of Credit privileges. If the current balance owing on
said obligation is to be paid in full in the forthcoming transaction, confirmation should be made that
the beneficiary will issue a proper request for full reconveyance.
Modification and/or amendment by instrument:
Recording Information: January 20, 2021 as Instrument No. 2021-003840 and re-
recorded January 26, 2021 as Instrument No. 2021-005399
53. Public Access and Maintenance Easement Agreement for Bicycle and Pedestrian Facilities, including
terms and provisions thereof.
Recorded: July 25, 2018 as Instrument No. 2018-034455
(Affects Tax Lot 2109 and Tax Lot 2200)
54. Unrecorded leases or periodic tenancies, if any.
NOTE: Taxes for the year 2020-2021 PAID IN FULL
Tax Amount:
$19,568.50
Map No.:
17-03-22-00-02109
Property ID:
1054251
Tax Code No.:
01900
NOTE: Taxes for the year 2020-2021 PAID IN FULL
Tax Amount:
$945,103.70
Map No.:
17-03-22-00-02200
Property ID:
0188373
Tax Code No.:
01900
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Pubic Record Repot for New S bdvsiw or lard Na fiw
Order No. ]199-3714721
NOTE: Taxes for the year 2020-2021 PAID IN FULL
Tax Amount:
$185,508.82
Map No.:
17-03-22-00-02218
Property ID:
1459146
Tax Code No.:
01900
NOTE: Taxes for the year 2020-2021 PAID IN FULL
Tax Amount:
$91,023.01
Map No.:
17-03-22-00-02219
Property ID:
1489812
Tax Code No.:
01900
NOTE: Taxes for the year 2020-2021 PAID IN FULL
Tax Amount:
$178,642.31
Map No.:
17-03-22-00-02300
Property ID:
0188449
Tax Code No.:
01900
NOTE: Taxes for the year 2020-20214 PAID IN FULL
Tax Amount:
$18,460.40
Map No.:
17-03-22-00-02305
Property ID:
1772597
Tax Code No.:
01900
NOTE: Taxes for the year 2020-2021 PAID IN FULL
Tax Amount:
$55,152.00
Map No.:
17-03-22-00-02305
Property ID:
1772605
Tax Code No.:
01900
NOTE: Taxes for the year 2020-2021 PAID IN FULL
Tax Amount:
$34,568.26
Map No.:
17-03-22-00-02305
Property ID:
1004538
Tax Code No.:
01900
NOTE: This Preliminary Title Report does not include a search for Financing Statements fled in the Office
of the Secretary of State, or in a county other than the county wherein the premises are situated, and no
liability is assumed if a Financing Statement is fled in the Office of the County Clerk covering Fixtures on
the premises wherein the lands are described other than by metes and bounds or under the rectangular
survey system or by recorded lot and block.
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Fast American Tide Lsurame Company
Pubic Record Report for New Subdivision or lard Random
Order No. 7199-37147L1
DEFINITIONS, CONDITIONS AND STIPULATIONS
1. Definitions. The following term, have the stated meaning when used in this report
(a) "Customer': The person or persons named or shown as the addressee of this report.
(b) "Effective Dale": The effective data stated in this report
(c) 'Land': The land specifically described in this report and improvements affixed therein which by law constitute real
Property.
(d) "Public Records": Those records which by the laws of the state of Oregon impart constructive notice ofmhtters relating to
the land.
2. Liability of the Company.
(a) THIS REPORT IS NOT AN INSURED PRODUCT OR SERVICE OR A REPRESENTATION OF THE CONDITION OF TITLE TO
REAL PROPERTY. IT IS NOT AN ABSTRACT, LEGAL OPINION, OPINION OF TIME, TIME INSURANCE COMMITMENT OR
PRELIMINARY REPORT, OR ANY FORM OF TITLE INSURANCE OR GUARANTY. THIS REPORT IS ISSUED EXCLUSIVELY
FOR THE BENEFIT OF THE APPLICANT THEREFOR, AND MAY NOT BE USED OR REUED UPON BY ANY OTHER
PERSON. THIS REPORT MAY NOT BE REPRODUCED IN ANY MANNER WITHOUT FIRST AMERICANS PRIOR WRITTEN
CONSENT. FIRST AMERICAN DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION HEREIN IS COMPLETE OR
FREE FROM ERROR, AND THE INFORMATION HEREIN IS PROVIDED WITHOUT ANY WARRANTIES OF ANY KIND, AS -IS,
AND WITH ALL FAULTS. AS A MATERIAL PART OF THE CONSIDERATION GIVEN IN EXCHANGE FOR THE ISSUANCE OF
THIS REPORT, RECIPIENT AGREES THAT FIRST AMERICANS SOLE LIABILITY FOR ANY LOSS OR DAMAGE CAUSED BY
AN ERROR OR OMISSION DUE TO INACCURATE INFORMATION OR NEGUGENCE IN PREPARING THIS REPORT SHALL BE
LIMITED TO THE FEE CHARGED FOR THE REPORT. RECIPIENT ACCEPTS THIS REPORT WITH THIS LIMITATION AND
AGREES THAT FIRST AMERICAN WOULD NOT HAVE ISSUED THIS REPORT BUT FOR THE LIMITATION OF LIABILITY
DESCRIBED ABOVE. FIRST AMERICAN MAKES NO REPRESENTATION OR WARRANTY AS TO THE LEGALITY OR
PROPRIETY OF RECIPIENTS USE OF THE INFORMATION HEREIN.
(b) No costs (including, without limitation attorney lees and other expenses) of defense, orpmsecution ofany action, is
afforded b the Customer.
(c) In any event, the Company assumes no liability for loss or damage by reason of the following:
(1) Taxes or assessments which are not shown as existing liens by the records ofany taxing authority that levies taxes
or assessments on real property or by the Public Records.
(2) Any facts, rights, interests or chins which are not shown by the Pubic Records but which could be ascertained by
an inspection of the land or by making inquiry of persons in Possession thereof.
(3) Easements, liens or enanbrances, or chins thereof, which are not shown by the Public Records.
(4) Discrepancies, encroachments, shortage in area, con Rcts in boundary Ines or any oder facts which a survey would
disclose.
(5) (i) Uhphlented mining claims; (i) reservations or exceptions in Patents or in Acts au dionxing the issuance thereof,
(iii) water rights or dairy or fide b water.
(6) Any right, title, interest, estate or easemen t in land beyond the Ines of the area specifically described or referred b
in this report, or in abutting streets, mads, avenues, alleys, lanes, ways or waterways.
(7) Any law, orddina nce or governmental regulation (including bu t not limited b building and tuning laws, ordinances or
regulations) restricting, regulating, Pmhibifing or relating b (i) the occupancy, use or enjoyment on the land; (i) the
character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in
ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a Part, or (iv)
environmental protection, or the effect of any violation of diese laws, ordinances or governmental regula dons,
except b the extent that molice of the enforcement thereof or a notice of defect, len or encumbm nce resulting
from a violation or alleged violation affecting the land has been recorded in the Public Records at the effective date
hereof.
(8) Any governmental police pourer not excluded by 2(dx 7) above, except b the extent that notice of the exercise
thereof or a notice of a delect, lien or encumbrance resulting from a violation or alleged violation affecting the land
has been recorded in be Public Records at the effective date hereof.
(9) Defects, liens, encumbrz nces, adverse claims or other matters created, suffered, assumed, agreed b or acbally
known by the Customer.
Charge. The change for this report does not include supplemental reports, updates orodheradditional services of the
Company.
Pubic Record Report for New Subdivision or Random
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Hot fmariban Tide Lsurarce fnrrpam
pubic Record Report for New Subdivision or and Parddcn
Order No. 7191
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This map/plat Is being furnished as an aid in locating the herein described land in
relation to adjoining streets, natural boundaries and other land, and is not a survey
of Ne land depicted. Except to the extent a policy of title Insurance is expressly
modified by endorsement, if any, the company does not Insure dimensions,
distances, location of easements, acreage or other matters shown thereon.
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This map/plat Is being furnished as an aid in locating the herein described land in
relation to adjoining streets, natural boundaries and other land, and is not a survey
of Ne land depicted. Except to the extent a policy of title Insurance is expressly
modified by endorsement, if any, the company does not Insure dimensions,
distances, location of easements, acreage or other matters shown thereon.
helps figients.sentrydynamics.neVAssrMapipareelld=1489812&enty=OR_Lane 1/1
pubic Record Report for New Subdivision or Parddon
Page 1B of 19 (ver. 20CB(pi
Hot f an Title kaurame fun"P
Pubic Record Repot for Neva S bdvmim or lard Na fico
Order No. ]199-3]1421
Pubic Record Repot for New S bdvmim or Na fion
Page 19 of 19 (ver. 20080422)