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HomeMy WebLinkAboutDeed APPLICANT 4/23/2021 (2)_ Nr tAmerfcae Title lesurm,o Cm my First American 2692 fieecenr Avenue Eugene, OR 97906-]397 PM - (677)714 167 Fax - (BTn]63-916] 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. Pubic Record Report for Nm 6ubdvwon or ParBM1on Page 1 of 19 (Ver. 20080422) Hot f an Tide Lsunme fun"P Pubic Record Repot for New S bdvision o lard Parddon Order No. ]193-3714721 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 Pubic Record Repot for New S bdvision o Parddon Page 2 of 19 (Ver. 20080422) Hot f an Title Lsunme fun"P Pubic Record Repot for New S bdvision or lard %Tion Order No. ]193-3714721 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 Pubic Record Report for New S bdvision or %rtiM1on Page 3 of i9 (Ver. 20080422) Hot f an Tide L urame Con ny Pubic Record Repot for Nm S bdvsion or lard Parddon Order No. ]193-3714721 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. Pubic Record Repot for Nm S bdvsion or Na Tion Page 4 of 19 (Ver. 20080422) Hot f an Title L urarca Con ny Pubic Record Repot for Neva S bdvsion or lard Na fim Order No. ]193-3714721 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 Pubic Record Repot for New S b&sion or Na fion Page 5 of i9 (Ver. 20080422) Hot f an Tide Lsurame Con ny Pubic Record Repot for Nm S bdvsion or lard Parddon Order No. ]193-3]1421 EXHIBIT"B" (Vesting) BRFI Gateway, LLC, a Delaware limited liability mmpany Pubic Record Repot for Nm S bdvsiw or Parddon Page 6 of 19 (Ver. 20080422) Hot f an Tide L urame Con ny Pubic Record Repot for Nm S bdvsicn or lard Parddcn Order No. ]193-3714721 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 Pubic Record Repot for Nm S bdvsiw or Parddon Page 7 of 19 (Ver. 20080422) 13. Easement, including terms and provisions contained therein Hot f an Title L urame Con ny September 24, 1976, Reception No. 76-50098 Pubic Record Repot for New S bdvsiw or lard Na fico Order No. ]193-3714721 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 Relic Record Repot for New S bdvsiw or Na fion Page 6 of i9 (Ver. 20080422) 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 Relic Record Repot for New S bdvsiw or Na fion Page 6 of i9 (Ver. 20080422) Hot f an Title Lsurame Con ny Pubic Record Repot for New S bdvsion or lard Na fion Order No. ]199-3714721 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. Pubic Record Report for New S bdvsion or Partition Page 9 of i9 (Ver. 20080422) Frit f can Tide Laurance fun"P Pubic Record Repot for Nei Subdvision or lard Partition 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. 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. Public Record Report for New Subdvision or Partition Page 0 of 19 (Ver. 2001 Est f an Title Lsurame fun"P Pubic Record Repot for New S bdvsiw or lard Na fiw Order No. ]199-3714721 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 Pubic Record Repot for New S bdvsiw or Na fiw Page 11 of 19 (Ver. 20080422) Hot f an Title Lsurame fun"P Pubic Record Repot for New S bdvsiw or lard Na fico 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. Pubic Record Repot for New S bdvsiw or Na fion Page U of 19 (Ver. 20080422) Hot f an Title Lsurame fun"P Pubic Record Repot for New S bdvsion or lard Na fion 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. Pubic Record Repot for New S bdvsion or Na fion Page 0 of 19 (Ver. 20080422) Est f an Title Lsunme fun"P Pubic Record Repot for New S bdvision or lard %fion 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 Pubic Record Report for New S b&ision or %fion Page 14 of 19 (Ver. 20080422) Hot f an Tide Lsurame fun"P Pubic Record Repot for New S bdvsion or lard Parddon 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 Pubic Record Repot for New S bdvsiw or Na fion Page 0 of 19 (Ver. 20080422) Hot f an Title Lsurame fun"P 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. Pubic Record Repot for New S bdvsiw or Na fiw Page 16 of 19 (ver. 20080422) 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 Page 17 of 19 (Ver. 20080422) Hot fmariban Tide Lsurarce fnrrpam pubic Record Report for New Subdivision or and Parddcn Order No. 7191 0 N Assessor wep-GerAdVaniy9a oy sentry omamles 1"or.a mac i a s i n asm baron 90D x?xa _ ISEE NEAP_ P £EEP I J3=01 �f208 I I � ^ Server ro yye z -ca i mss �y N L �cc SEE`"d n SEEMAP � ff M1P i 02Ti15IR I SCC W P vd322)4 ;h� r o s N 4 rrae ParcelIU: 1489812 2800 Gateway St FirstAnderican Title" Springfield, OR 97477 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 on oc oris iQ I 3 I MAP � 9 .54 tio4 1iP921 a1 "2 f. lOi a fiG 3G 019-00 ¢§ -* , IrMA, )'r 1"or.a mac i a s i n asm baron 90D x?xa _ ISEE NEAP_ P £EEP I J3=01 �f208 I I � ^ Server ro yye z -ca i mss �y N L �cc SEE`"d n SEEMAP � ff M1P i 02Ti15IR I SCC W P vd322)4 ;h� r o s N 4 rrae ParcelIU: 1489812 2800 Gateway St FirstAnderican Title" Springfield, OR 97477 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)