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HomeMy WebLinkAboutDeed APPLICANT 1/24/2023Ann: Susan Busche P.O. Box 5756 CERTIFIED TO BE A TRUE AND Boise, Idaho 93705 EXACT COPY OF THE ORIGINAL Title Order No. 205244 -RD Stora 34, Springfield, OR WER PIO R, TITLE CO. EscrowNo. 67351 r BY STATUTORY WARRANTY DEED - WmCo Foods, Inc., an Idaho corporation fomurly known a Warcma t, Inc., Grantor, convoys and warrants to WinCo Foods, LLC, a Delaware limited liability company, Grantee, the following described real property free of liens Rod encumbrances, except as specifically set forth herein: For complete legal description, see Exhibit A, attached hereto and made a pert hereof. This property is free of lines and enenmbmnces, EXCEPT: • This conveyance is subject to covenants, conditions, restrictions and easements, if any, affecting title, which may appear in the public record, including those shown on my recorded plat or survey. THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES AND TO DETERMINE ANY LIMITS ON LAWSUIIS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930. The monetary consideration for this conveyance is $0.00; however, the actual consideration consists of 17 03 25 4 2 01601 / 1526924` I' ad ,p5 T e94" n 77 tj After recording return for Matthew M. Hicks Holland & Hart LLP 101 S. Capitol Blvd, Suite 1400 else, ID 63702 Until a change is requested all tax statements - nnc:R.00R.,RumeTn shall be sent to the following address. WinCo Foods, LLC Ann: Susan Busche P.O. Box 5756 CERTIFIED TO BE A TRUE AND Boise, Idaho 93705 EXACT COPY OF THE ORIGINAL Title Order No. 205244 -RD Stora 34, Springfield, OR WER PIO R, TITLE CO. EscrowNo. 67351 r BY STATUTORY WARRANTY DEED - WmCo Foods, Inc., an Idaho corporation fomurly known a Warcma t, Inc., Grantor, convoys and warrants to WinCo Foods, LLC, a Delaware limited liability company, Grantee, the following described real property free of liens Rod encumbrances, except as specifically set forth herein: For complete legal description, see Exhibit A, attached hereto and made a pert hereof. This property is free of lines and enenmbmnces, EXCEPT: • This conveyance is subject to covenants, conditions, restrictions and easements, if any, affecting title, which may appear in the public record, including those shown on my recorded plat or survey. THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES AND TO DETERMINE ANY LIMITS ON LAWSUIIS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930. The monetary consideration for this conveyance is $0.00; however, the actual consideration consists of other value, given or promised. OWL.Ian of Chlaf Daputy Clark .:1(101 MY17C Lane, C ty Blood. and R.rd. LWW11'VWLIIY nnc:R.00R.,RumeTn E ;00 N4alum Rnnttr Talk C°. NINIIq�II0111NIIIIIIIiiIN�IIIIINIIIIINI ell 018 EYsaw, R 977 410 Mat 9200900232960030033 04IM/20W 0$:Z7:tZ PA ` RPR-0EED Cntai at1W CRSHiER 07 $13.00 911.00 920.00 • Peer R,—dm, Rnum To •Aller. Pico, Tille C° M sou 10146 Euaeue, OR 97W z f Effective April 1, 2004: • WinCo Foods, Inc. an Idaho corporation Ike Warernart, Inc. Gary TR—iva, CF STATE OF IDAHO ) COUNTY 'OFFA�ADA I .. On this Oay of Marchi, 2004, before me, a Notary Public In and for said State, personally. appeared Gary R. Five, 7TTTmmmmOwn or Identified to me to be the Chief Financial Officer of the corporation that executed the within" Instrument or the person who executed the Instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. In witness whereof, I have hereunto set my land and affixed my official seal the day and year in this certificate first above written. pYbHpIH // / (� ;�''�^"'��� qY L'RFR,p Oy NOTARYPUBLYC RTHEST I HO 'Hp ; Residing at: w _ • �OtAgi P e My Commission Expires: 4 0. ... 33093101.O0e Page No 4 • Our No. 205244-RO EXHIBIT "A" Parcel 2, Land Partition Plat No. 95-P0778, as platted and recorded in Lane ' County Plat Records; Lane County, Oregon. ALSO: Beginning at the most Northerly corner of Parcel 2, Land Partition Plat No. 95 -?0778, Lane. County Plat Records, Lane County, Oregon, said point being on the Southerly sight -of -way line of the "Q" Street Flood Channel; thence leaving said Southerly right-of-way line, along the Northwesterly line of said Parcel 2,South 37° 02' 57" Nest 141.17 feet;. thence South 52" 57' 03" East,' 20.00 feet; thence South 37. 02' 57" West, 283.92 feet; thence leaving said ' Northwesterly line of said Parcel 2, North 52" 56' 28" West, 272.80 feet to. said Southerly right-of-way line of said "Q" Street Flood Channel;. thence along said Southerly right-of-way line North 63" 43' 53" East, 354.03 feet to the beginning of a tangent curve; thence along the arc of a 294.53 fpq radius curve concave Southerly,through a central angle of 28° 13' 14" (the long chard bears North 77" 50' 30" East, 143.51 feet) an arc distance of 145.07 feet to the Point of Beginning, Lane County, Oregon. 0 First American Title Insurance Company National Commercial Services 200 SW Market Street, Suite 250 Portland, Oregon 97201 Escrow Officer: Rachael Rodgers Phone: (503)795-7608 Fax: (866)406-9291 E-mail rrodgers@firstam.com File No: NCS-802283-OR1 Title Officer: Phone: Fax: E-mail File No: NCS-802283-OR1 3RD SUPPLEMENTAL TITLE REPORT 2006 ALTAM ens standard Coverage Lladllty $ TBD Prerdum $ TBD 2006 ALTA Owners Extarded Coverage Llab'sity $ ii $ 2006 ALTA larders Standard Coverage Liability $ Premum $ 2006 ALTA larders Exterded Coverage Liability $ Premum $ ALTA leasehold Standard Coverage Liability $ Premum $ ALTA leasehold Extended Coverage Liability $ Premium $ Erdorsements 9, 22 liability $ Premium $ Cnvt Service charge cost $ 15.00 Mer $ We are prepared to issue Title Insurance Policy or Policies in the form and amount shown above, insuring title to the following described land: The land referred to in this report is described in Exhibit "A" attached hereto. and as of July 06, 2022 at 8:00 a.m., title to Fee Simple Estate is vested in: McKay Commercial Properties, LLC, an Oregon limited liability company as to Parcels I and II and WinCo Foods, LLC, a Delaware limited liability company, as to Parcel III Subject to the exceptions, exclusions, and stipulations which are ordinarily part of such Policy form and the following: This report is for Me exdusfve use of Me parses herein shorn and is Milrmary to Me issuarna of a We insurance pdiry and shall benne vied unless a pdry is issued, and Me fdl prernirm paid. nelirmary Report Order Number. NCS -802283 -ORI Page Number. 2 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records; proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 3. Easements, or claims of easement, not shown by the public records; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 4. Any encroachment (of existing improvements located on the subject land onto adjoining land or of existing improvements located on adjoining land onto the subject land), encumbrance, violation, variation, or adverse circumstance affecting the title that would be disclosed by an accurate and complete land survey of the subject land. S. Any lien, or right to a lien, for services, labor, material, equipment rental or workers compensation heretofore or hereafter furnished, imposed by law and not shown by the public records. The exceptions to coverage 1-5 inclusive as set forth above will remain on any subsequently issued Standard Coverage Title Insurance Policy. In order to remove these exceptions to coverage in the issuance of an Extended Coverage Policy the following items are required to be furnished to the Company; additional exceptions to coverage may be added upon review of such information: Survey or alternative acceptable to the company Affidavit regarding possession Proof that there is no new construction or remodeling of any improvement located on the premises. In the event of new construction or remodeling the following is required: i. Satisfactory evidence that no construction liens will be fled; or ii. Adequate security to protect against actual or potential construction liens; iii. Payment of additional premiums as required by the Industry Rate Filing approved by the Insurance Division of the State of Oregon 6. Water rights, claims to water or title to water, whether or not such rights are a matter of public record. 7. Taxes for the fiscal year 2022-2023 a lien due, but not yet payable. 8. This item has been intentionally deleted. 9. This item has been intentionally deleted. 10. City liens, if any, of the City of Springfield. Note: There are no liens as of April 18, 2017. Al outstanding utility and user fees are not liens and therefore are excluded from coverage. 11. The rights of the public in and to that portion of the premises herein described lying within the limits of streets, roads and highways. first Amencan Title Prelirmary Report Order Number. NCS -802283 -ORI Page Number. 3 12. Easements for utilities over and across the premises formerly included within the boundaries of 18th Street, now vacated, if any such exist. 13. Limited access provisions contained in Deed to the State of Oregon, by and through its State Highway Commission, recorded October 19, 1966, Reception No. 64160 Deed of Records, 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. And by Deeds recorded September 30, 1975, Reception No.'s 7542182 and 75-42183 14. Easement, including terms and provisions contained therein: Recording Information: October 19, 1966, Reception No. 64161 In Favor of: City of Springfield For: access road 15. Lease and the terns and conditions thereof: Lessor: E H Robbins, Virginia D. Robbins and Donald C. Frisbie, partners doing business as Timberlane Land company, in Eugene, Oregon Lessee: Pay -Less Drug Store of Eugene, Inc., an Oregon corporation Recorded: June 09, 1969 Recording Information: Reception No. 67777 First Addendum recorded September 30, 1975, Reception No. 75-42185. The present ownership of the leasehold created by said lease and other netters affecting the interest of the lessee are not shown herein. 16. Easement, including terms and provisions contained therein: Recording Information: May 16, 1974, Reception No. 74-20353 In Favor of: City of Springfield For: sanitary sewer, storm drainage and construction A portion of said easement was vacated by Ordinance No. 6013, recorded January 31, 2003 as Instrument No. 2003-008909. 17. Reservation of a public utility easement as disclosed by an Ordinance vacating a portion of public property, recorded October 23, 1974, Reception No. 7445612 and as reserved in the Deed recorded September 30, 1975, Reception No. 75-42183. 18. Lease and the terns and conditions thereof, as disclosed by Memorandum : Lessor: Center Developments Wash, LTD Lessee: Burger King Corporation, a Florida corporation Recorded: July 02, 1984 Recording Information: Reception No. 84-27545 The Present ownership of the leasehold created by said lease and other netters affecting the interest of the lessee are not shown herein. 19. Easement, including terms and provisions contained therein: First Amencan Title Prelirmary Report Order Number. NCS -802283 -ORI Page Number. 9 Recording Information: January 30, 1987, Reception No. 87-05217 In Favor of: The City of Springfield, a municipal corporation For: storm drainage facility (Affects Parcel II) 20. Lease and the teras and conditions thereof, as disclosed by Memorandum: Lessor: 1985 Northwest Investors, Ltd, a California limited partnership Lessee: Schuck's Auto Supply, Inc., a Washington corporation Recorded: February 09, 1987 Recording Information: Reception No. 87-06415 The present ownership of the leasehold created by said lease and other netters affecting the interest of the lessee are not shown herein. 21. Lease and the terns and conditions thereof, as disclosed by Memorandum: Lessor: 1985 Northwest Investors, Ltd, a California limited partnership Lessee: Schuck's Auto Supply, Inc., a Washington corporation Recorded: July 10, 1987 Recording Information: Reception No. 87-29560 The present ownership of the leasehold created by said lease and other netters affecting the interest of the lessee are not shown herein. 22. Conditions, restrictions, notes, dedications and/or additional easements, if any, as shown on the recorded Partition Plat 95-F0778. 23. Cross -Easement Agreement and the terns and conditions thereof: Between: McKay Investment Company, an Oregon general partnership And: Warerert, Inc., an Idaho corporation Recording Information: March 10, 1995 as Instrument No. 95-13917 Modification and/or amendment by instrument: Recording Information: May 03, 2002 as Instrument No. 2002-034941 Modification and/or amendment by instrument: Recording Information: September 13, 2019 as Instrument No. 2019-040053 24. Unrecorded lease and the terns and conditions thereof, as disclosed by Memorandum: Lessor: McKay Investment Company Lessee: Hollywood Entertainment Corporation, an Oregon corporation Recorded: June 10, 1998 as Instrument No. 9844841 First Amencan Title Prelirmary Report Order Number. NCS -802283 -ORI Page Number. 5 Unrecorded amendments, including the terms and provisions thereof, dated July 14, 1997, and July 28, 1997, as disclosed by said memorandum. The present ownership of the leasehold created by said lease and other netters affecting the interest of the lessee are not shown herein. 25. Assignment and Assumption of Leases (Springfield Mall) and the terns and conditions thereof. Assignor: McKay Investment Company, LLC, an Oregon limited liability company Assignee: McKay Commercial Properties, LLC, an Oregon limited liability company Dated: September 30, 2007 Recorded: August 24, 2007 Recording Information: Instrument No. 2 00 7-0 59 779 The present ownership of the leasehold created by said lease and other matters affecting the interest of the lessee are not shown herein. 26. Lease and the terns and conditions thereof as disclosed by Memorandum of Lease. Lessor: McKay Commercial Properties, LLC Lessee: Mt. Hood Restaurants, Inc., an Oregon corporation Term: Expires on April 30, 2014, subject to the following unexercised extension options: 3 options of 5 years each Dated: December 03, 2012 Recorded: March 07, 2013 Recording Information: Instrument No. 2013-012800 (Affects Parcel II) 27. Assignment and Assumption of leases and/or rents and the terns and conditions thereof: Assignor: Mt. Hood Restaurants, Inc., an Oregon corporation Assignee: GBMO, LLC, a Delaware limited liability company Recorded: March 07, 2013 Recording Information: Instrument No. 2013-012801 (Affects Parcel II) 28. Any and all offers of dedication, conditions, restrictions, easements, boundary discrepancies or encroachments, notes and/or provisions shown or disclosed by Short Plat or Plat Land Partition No. 2021-P3008 recorded under recording number 2021-034757. 29. Reciprocal Easements, Covenants and Conditions Agreement, including terms and provisions thereof. Recorded: August 27, 2021 as Instrument No. 2021-056315 (Affects Parcel II) 30. Any conveyance or encumbrance by McKay Commercial Properties, LLC should be executed pursuant to their Operating Agreement, a copy of which should be submitted to this office for inspection. 5mtAnrencan T& Relim .n, Report Order Number. NCS -802283 -ORI Page Number. 6 31. Unrecorded leases or periodic tenancies, if any. The following Exceptions affect Parcel III: 32. Easement, including terms and provisions contained therein: Recording Information: May 16, 1974, Reception No. 74-20352 In Favor of: City of Springfield For: sanitary sewer, storm drainage and construction A portion of said easement was vacated by Ordinance No. 6013, recorded January 31, 2003 as Instrument No. 2003-008909. 33. Right -of -Way Easement, including terms and provisions contained therein: Recording Information: July 26, 2002 as Instrument No. 2002-056615 In Favor of: City of Springfield, acting by and through its Springfield Utility Board For: underground electric distribution line 34. Easement, including terms and provisions contained therein: Recording Information: January 31, 2003 as Instrument No. 2 00 3-0089 10 In Favor of: City of Springfield For: sanitary sewer 35. Unrecorded leases or periodic tenancies, if any. 36. Any conveyance or encumbrance by WinCo Foods LLC should be executed pursuant to their Operating Agreement, a copy of which should be submitted to this office for inspection. -END OF EXCEPFIONS- First Amencan Title Prelirrimary Report INFORMATIONAL NOTES Order Number. NCS -802283 -ORI Page Number. 7 Note: We find no matters of public record against TBD that will take prionty over any trust deed, mortgage or other security instrument given to purchase the subject real property as established by ORS 18.165. Note: Taxes for the year 2021-2022 Paid in Full Tax Amount: $149.79 Map No.: 17-03-25-42-01601 Property ID: 5683950 Tax Code No.: 01900 (Affects Parcel III) Note: Taxes for the year 2021-2022 Paid in Full Tax Amount: $1,703.74 Map No.: 17-03-2542-01501 Property ID: 5553660 Tax Code No.: 01900 (Affects Parcel I) Note: Taxes for the year 2021-2022 Paid in Full Tax Amount: $191.57 Map No.: 17-03-25-31-07703 Property ID: 5438914 Tax Code No.: 01900 (Affects Parcel II) Note: Taxes for the year 2021-2022 Paid in Full Tax Amount: $591.17 Map No.: 17-03-25-31-07703 Property ID: 5545184 Tax Code No.: 01900 (Affects Parcel II) Note: Taxes for the year 2021-2022 Paid in Full Tax Amount: $107,775.40 Map No.: 17-03-2542-01601 Property ID: 1528924 Tax Code No.: 01900 (Affects Parcel III) Note: Taxes for the year 2021-2022 Paid in Full Tax Amount: $27,657.70 5mtAm nr n T& Prelirmary Report Map No.: 17-03-2542-01601 Property ID: 5525702 Tax Code No.: 01900 (Affects Parcel III) Note: Taxes for the year 2021-2022 Paid in Full Tax Amount: $29,893.59 Map No.: 17-03-2542-01501 Property ID: 1528916 Tax Code No.: 01900 (Affects Parcel I) Note: Taxes for the year 2021-2022 Paid in Full Tax Amount: $16,293.39 Map No.: 17-03-25-31-07703 Property ID: 1912409 Tax Code No.: 01900 (Affects Parcel II) Order Number. NCS -802283 -ORI Page Number. 8 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 filed 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. Note: According to the public record, the following deed(s) affecting the property herein described have been recorded within 24 months of the effective date of this report: NONE Situs Address as disclosed on Lane County Tax Roll: 2090 Olympic Street A, B, C and E and 1611, 1665, 1667, 1671 and 1675 18th Street and 1810, 1920 and 1950 Olympic Street, Springfield, OR 97477 THANK YOU FOR CHOOSING FIRST AMERICAN TITLE WE KNOW YOU HAVE A CHOICE! First Amencan Title Preliminary Report Order Number. NCS -802283 -ORI Page Number. 9 The following matters arc expressly excluded from the coveage of this polity, and the Company wW not pay loss or damage, pasts, aftma yi fees, or expenses that arise by reason of. 1. (a) AM law, ordinance, permit, or governmental regulation (i incl udi mg Mose relating to Wall and zoning) restricting, regulating, prohibltirg, or relating to (i) the orcuparcy, use, or enjoyment of the lard; (a) Me character, dimensions, or location of any improvement erected on the land; (ia) Me subdivision of land; or (iv) ervirormental protection; or the effect of any violation of Mese laws, ordinances, or govemnmtel regulations. Irms Exduscn 1(a) does not modify or limit the coverage provided under Covered Risk S. (b) My governmental pdire power. This Exclusion 1(b) does rot modify or limit Me coverage provided under Covered Risk 6. 2. Rights of erment domain. Irms Exclusion does not modify or Il mit the coverage provided under Covered Pnk ] or S. 3. Defects, lens, encurbamme, adverse clai mos, or other maters (a) created, suffered, assumed, or agreed to by the Insured Claimant (b) of Known to the Company, not recorded In the Public Records at Date of Pokry, but Known to Me Insured Claimant and not disposed in writing to the Cor ear y by Me Insured Claimant prior to the date the Insured Claimant became an Insured under this pokry; (c) resulting in no loss or damage to the Iran red Claimant (d) attaching or created subsequent to Date of Policy (however, this does not modify or khat the coverage provided under Covered Pnk 11, 13, or 14); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unen(ons atiliry of the len of the Insured Mortgage because of the imbikty or faiue of an Insured to carply with applicable dong- airess laws of the state where the land is situated. S. Invalidly or unenforombildy in whole or in part of the ken of Me Insured Mortgage that arises out of the transaction evidenced by Me Insured Mortgage and is Eased upon usury or any consumer credo protection or tmthtin4encing law. 6. My claim, by reason of Me operation of federal bankmptcy, state insolvency, or similar crediters? rights laws, that Me tareactnn creating the len of Me Insured Mortgage, is (a) a fraudulent comryanre or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this pokry. ]. My lien on Me Title for real estate taxes or assessments inposed by governmental authority and created or attaching between Date of Poll and Me data of recording of Me Insured Mortgage in the Public Records. Irms Exclusion does of modify or Ni the coverage provided under Covered Pnk 11(b). 2 Amarl Land Title Association OMER POLICY- 2006 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from Me coverage of this policy, and the Compam will not pay las or damage, cats, attameyi fees, or expenses that adze by reason of. 1. (a) My law, ordinance, permit, or governmental regulation (inducing Mae relating to building and zoning) restricting, regulating, prohititirg, or relating to (i) the orcuparcy, use, or enjoyment of Me lard; (a) Me character, dimensions, or location of any improvement erected on the land; (ia) Me subdivision of land; or (iv) envimrmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. Irms f clusim 1(a) does of modify or litrit the coverage provided under Coveted Pnk S. (b) My governmental pe ire power. This Exdusicn 1(b) does of modify or limit Me coverage provided under Coveted Poste 6. 2. Rights of etment domain. Irms Exclusion does not modify or What the coverage provided under Coveted Poste ] or S. 3. Defects, lens, enmrrbamme, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by Me Insured Claimant (b) of Known to the Company, not recorded in Me Public Records at Date of Poll but Known to Me Insured Claimant and not disclosed in writing to Me Cor Bary by Me Insured Claimant prior to the date the Insured Claimant became an Insured under pis poll (c) resulting in no loss or damage to Me Insured Claimant (d) attaching or created subsequent to Date of Poll (however, this does not modify or What the coverage provided under Coveted Risks 9 and 10); or (e) resulting in loss or damage that would not have been susmi red If the Insured Claimant had paid value for the Title. 4. My daim, by reason of Me operation of federal bankmptcy, state insolvency, or similar creci ters. tights laws, that the transaction vesting Me Title as shown in Schedule A, is (a) a fraudulent comryanre or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Coveted Risk 9 of this policy. S. My lien on Me Title for teal estate taxes or assessments inposed by governmental authority and created or attaching between Date of Pol'ey and Me data of recording of Me deed or other instrument of framer in Me Pubkc Records that vests Title as shown in Schedule A First Amencan Title i SrstAmill Title Insurance Company of Oregon SCHEDULE OF EXCLUSIONS FROM COVERAGE 1. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 2006 EXCLUSIONS FROM COVERAGE The following matters arc expressly excluded from the coveage of this polity, and the Company wW not pay loss or damage, pasts, aftma yi fees, or expenses that arise by reason of. 1. (a) AM law, ordinance, permit, or governmental regulation (i incl udi mg Mose relating to Wall and zoning) restricting, regulating, prohibltirg, or relating to (i) the orcuparcy, use, or enjoyment of the lard; (a) Me character, dimensions, or location of any improvement erected on the land; (ia) Me subdivision of land; or (iv) ervirormental protection; or the effect of any violation of Mese laws, ordinances, or govemnmtel regulations. Irms Exduscn 1(a) does not modify or limit the coverage provided under Covered Risk S. (b) My governmental pdire power. This Exclusion 1(b) does rot modify or limit Me coverage provided under Covered Risk 6. 2. Rights of erment domain. Irms Exclusion does not modify or Il mit the coverage provided under Covered Pnk ] or S. 3. Defects, lens, encurbamme, adverse clai mos, or other maters (a) created, suffered, assumed, or agreed to by the Insured Claimant (b) of Known to the Company, not recorded In the Public Records at Date of Pokry, but Known to Me Insured Claimant and not disposed in writing to the Cor ear y by Me Insured Claimant prior to the date the Insured Claimant became an Insured under this pokry; (c) resulting in no loss or damage to the Iran red Claimant (d) attaching or created subsequent to Date of Policy (however, this does not modify or khat the coverage provided under Covered Pnk 11, 13, or 14); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unen(ons atiliry of the len of the Insured Mortgage because of the imbikty or faiue of an Insured to carply with applicable dong- airess laws of the state where the land is situated. S. Invalidly or unenforombildy in whole or in part of the ken of Me Insured Mortgage that arises out of the transaction evidenced by Me Insured Mortgage and is Eased upon usury or any consumer credo protection or tmthtin4encing law. 6. My claim, by reason of Me operation of federal bankmptcy, state insolvency, or similar crediters? rights laws, that Me tareactnn creating the len of Me Insured Mortgage, is (a) a fraudulent comryanre or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this pokry. ]. My lien on Me Title for real estate taxes or assessments inposed by governmental authority and created or attaching between Date of Poll and Me data of recording of Me Insured Mortgage in the Public Records. Irms Exclusion does of modify or Ni the coverage provided under Covered Pnk 11(b). 2 Amarl Land Title Association OMER POLICY- 2006 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from Me coverage of this policy, and the Compam will not pay las or damage, cats, attameyi fees, or expenses that adze by reason of. 1. (a) My law, ordinance, permit, or governmental regulation (inducing Mae relating to building and zoning) restricting, regulating, prohititirg, or relating to (i) the orcuparcy, use, or enjoyment of Me lard; (a) Me character, dimensions, or location of any improvement erected on the land; (ia) Me subdivision of land; or (iv) envimrmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. Irms f clusim 1(a) does of modify or litrit the coverage provided under Coveted Pnk S. (b) My governmental pe ire power. This Exdusicn 1(b) does of modify or limit Me coverage provided under Coveted Poste 6. 2. Rights of etment domain. Irms Exclusion does not modify or What the coverage provided under Coveted Poste ] or S. 3. Defects, lens, enmrrbamme, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by Me Insured Claimant (b) of Known to the Company, not recorded in Me Public Records at Date of Poll but Known to Me Insured Claimant and not disclosed in writing to Me Cor Bary by Me Insured Claimant prior to the date the Insured Claimant became an Insured under pis poll (c) resulting in no loss or damage to Me Insured Claimant (d) attaching or created subsequent to Date of Poll (however, this does not modify or What the coverage provided under Coveted Risks 9 and 10); or (e) resulting in loss or damage that would not have been susmi red If the Insured Claimant had paid value for the Title. 4. My daim, by reason of Me operation of federal bankmptcy, state insolvency, or similar creci ters. tights laws, that the transaction vesting Me Title as shown in Schedule A, is (a) a fraudulent comryanre or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Coveted Risk 9 of this policy. S. My lien on Me Title for teal estate taxes or assessments inposed by governmental authority and created or attaching between Date of Pol'ey and Me data of recording of Me deed or other instrument of framer in Me Pubkc Records that vests Title as shown in Schedule A First Amencan Title Prelirmary Report Order Number. NCS -802283 -ORI Page Number. 10 Exhibit "A" Real property in the County of Lane , State of Oregon, described as follows: PARCELI: PARCEL 1, LAND PARTITION PLAT NO. 95-F0778, AS PLATTED AND FILED DECEMBER 28, 1995, LANE COUNTY PLAT RECORDS, IN LANE COUNTY, OREGON. PARCEL II: A TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 25, TOWNSHIP 17 SOUTH, RANGE 3 WEST, WILLAMETTE MERIDIAN, CITY OF SPRINGFIELD, LANE COUNTY, OREGON, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL 2, LAND PARTITION PLAT NO. 2021-P3008, AS PLATTED AND RECORDED MAY 24, 2021, RECORDING NO. 2021-034757, LANE COUNTY OREGON PLAT RECORDS, IN THE CITY OF SPRINGFIELD, LANE COUNTY, OREGON. PARCEL III: PARCEL 2, LAND PARTITION PLAT NO. 95-F0778, AS PLATTED AND RECORDED IN LANE COUNTY PLAT RECORDS, LANE COUNTY, OREGON. ALSO: BEGINNING AT THE MOST NORTHERLY CORNER OF PARCEL 2, LAND PARTITION PLAT NO. 95- P0778, LANE COUNTY PLAT RECORDS, LANE COUNTY, OREGON, SAID POINT BEING ON THE SOUTHERLY RIGHT-OF-WAY LINE OF THE "Q" STREET FLOOD CHANNEL; THENCE LEAVING SAID SOUTHERLY RIGHT-OF-WAY LINE, ALONG THE NORTHWESTERLY LINE OF SAID PARCEL 2, SOUTH 37- 02' 57" WEST 141.17 FEET; THENCE SOUTH 520 5703" EAST, 20.00 FEET; THENCE SOUTH 370 02,57" WEST, 283.92 FEET; THENCE LEAVING SAID NORTHWESTERLY LINE OF SAID PARCEL 2, NORTH 520 56' 28" WEST, 272.80 FEET TO SAID SOUTHERLY RIGHT-OF-WAY LINE OF SAID "Q" STREET FLOOD CHANNEL; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE NORTH 630 43' 53" EAST, 354.03 FEET TO THE BEGINNING OF A TANGENT CURVE; THENCE ALONG THE ARC OF A 294.53 FOOT RADIUS CURVE CONCAVE SOUTHERLY, THROUGH A CENTRAL ANGLE OF 280 13' 14" (THE LONG CHORD BEARS NORTH 770 50' 30" EAST, 143.61 FEET) AN ARC DISTANCE OF 145.07 FEET TO THE POINT OF BEGINNING, LANE COUNTY, OREGON. First Amencan Title