HomeMy WebLinkAboutDeed APPLICANT 3/8/202321) ; 8Z `tom
After Recording Pteturn To:
Woom Tide & Escmw CompwW
497 OWmy Fid, && 340, Eugene, OR 97401
After recording return to:
Paul Hastings LLP
71 South Wacker Drive
Suite 4500
Chicago, Illinois 60606
ATTN: Gregory Spitzer, Esq.
Until a change is requested all tax
statements shall be sent to the
following address:
BREI Gateway, LLC
11611 San Vicente Boulevard
Suite 900
Los Angeles, California 90049
Lane County Clerk
Lane County Deeds & Records
2017-011362
03/07/2017 01-.14-.10 PM
RPR -DEED Cnt=l Stn=O CASHIER 02 1 7pages
$21.00 $85.00 $10.00 $11.00
SPECIAL WARRANTY DEED
The true consideration for this conveyance is $107,500,000.00.
GGP-GATEWAY MALL L.L.C.. a Delaware limited
and specially warrants to BRFI GATEWAY, LLC,
("Grantee"), the following described real property free
specifically set forth herein:
$127.00
liability company ("Grantor"), conveys
a Delaware limited liability company
of liens and encumbrances, except as
4
LEGAL DESCRIPTION; Real property in the County of Lane, State of Oregon; described as
follows:
See Exhibit "A" attached hereto and made a part hereof.
Produced using RLID (w .rlid.org) on 01/25/2023 at 11:14 AM
Special Warranty Deed- continued
Prop. ID: 17-03-22-00-02109, 17-03-22-00-022005 17-03-22-00-02215, 17-03-22-04-02219, 17-
03-22-00-02300 and 17-03-22-00-02305
Provided, however, that the real property described above is conveyed subject to, and
there are excepted from the special Warranty covenants of Grantor, any and all reservations,
restrictions, easements, conditions, encumbrances, and other matters of title and/or of survey set
forth on Exhibit "B" attached hereto and made a pari hereof..
BEFORE SIGNING OR. ACCEPTING THIS INSTRUMENT, THE PERSON
TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS; IF
ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO I I,
OF CHAPTER 424, OREGON LAWS 2007; AND SECTIONS 2 TO 9 AND 17, CHAPTER.
855, OREGON LAWS 2009. THIS INSTRUMENT DOES 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 THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY
ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92.010 OR 215.410_ TO VERIFY
THE APPROVED USES OF THE LOT OR PARCEL, TO DETERMINE ANY LIMITS ON
LAWSUITS AGAINST FARMING OR. FOREST PRACTICES, AS DEFINED IN ORS 30.930
AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS; IF
ANY, UNDER ORS 195.300, 195.301 AND 1.95.305 TO 195.336 AND SECTIONS 5 TO 11,
OF CHAPTER 424, OREGON LAWS 2407, AND SECTIONS 2 TO 9 AND 171, CHAPTER
555; OREGON LAWS 2009; AND SECTIONS 2 TO 7, CHAPTER 81, OREGON LAWS 2010.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
Produced using RLID (w .rlid.org) on 01/25/2023 at 11:14 AM
r
41
Dated this � day of , 2017.
0
GGP-GATEWAY MALL L.L.C.,
a Delaware limited liability company
By:
Name
State of IlEtd--Y01ZK, County of 00W *%( SSG
: tjWL. Harper
Title: Chief Executive Officer
This
a �
This instrument was acknowledged before me on this da f Aok&4-
g yo,�017byGGP
GATEWAY MALL L.L.C., a Delaware limited liability company, by Brian L. Harper, its Chief
Executive officer, who acknowledged that he did sign the foregoing instrument and that the same is
the free act and deed of said company and his free act and deed personally and as such Chief
Executive officer.
NICHOLAS P. WIWAMS
Nobe j PublfiC6 State of New York
No. 01 VOB31 0400
Mal fled In Now York County
Commkwim fires July 25, 2018
Notary Public for IJew Yori<
My Commission Expires J. 2.5. t`X
C
[Gateway special Warranty Deed]
Produced using RLID (w .rlid.org) on 01/25/2023 at 11:14 AM
EXHIBIT A
LEGAL DESCRIPTION
PARCEL I
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 corner 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 00' 04' Nest
and 564.27 feet South 68° 40' West and 619.49 feet West and 600.0 feet North 04° 40'04" East from
the Southwest corner of the W. M. Stevens Donation Land Claim No. 46, Section 22, Township 17
South; Range 03 Nest of the Willamette Meridian, Lane County, Oregon, running thence North 040
40' 04" East along the East line of. Interstate 5 a distance of 1.360.7 feet to the Southwest corner 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 89° 50' East
983.66 feet to a point on the West line of Stevens Donation Land Claim, thence North 00° 04' West
along the West line of said Stevens Donation Land Claim 278.19 feet; thence North 89° 45'20" East
287.16 feet to a point on the Westerly line of Gateway Street; thence South 04° 55' 44" West along
the West line of Gateway Street 1.064.03 feet; thence along the Nest line of Gateway Street on the
arc of a 2904.79 foot radius curve left (the long chord of which bears South 02° 28' 36" West 248.63
feet) a distance of 248.70 feet; thence leaving the West line of said Gateway Street South 68° 40'
West 589.63 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 00° 04' Nest from the Southwest corner of said Stevens Donation Land Claim; running thence
South 68° 40' West 564.27 feet; thence West 619.49 feet to a point on the East line of Interstate Five;
thence North 00° 40' 04" East along the East line of Interstate Five a distance of 600.0 feet; thence
East 450.0 feet; thence North 68° 40' East 889.63 feet to the West line of Gateway Street; thence
Southerly along the Westerly 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 Nest line of the William Stevens Donation Land Claim No. 46,
Township 17 South. Range 3' West of the Willamette Meridian, 1498.38 feet South 0° 04' East from.
Produced using RLID (w .rlid.org) on 01/25/2023 at 11:14 AM
the Northwest corner of said Donation Land Claim No. 46; thence South 0' 04' East 211.69 feet
along said West line; thence South 890 49' 20" West 834.94 feet to a point on the Easterly right of
way line of Interstate 5; thence South 4° 40' West 1422.55 feet along said Easterly right of way line
of Interstate 5 to the true point of beginning; thence continuing South 4° 40' West 378.96 feet along
said right of way line; thence South 89° 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 0° 04' West 278.19 feet along said West line; thence
North 89° 45' 20" East 287.16 feet to a point on the Westerly right of way line of Gateway Street;
thence North 4° 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 89° 45'20"
Nest 1248.92 feet to the True Point of Beginning, in Lane County, Oregon.
PARCEL 1v
Beginning at a point being North 0° 04'00" West 125.69 feet and South 68° 40'00" West 369.59 feet
from the Southwest corner of the W. M. Stevens Donation Land Claim No. 46, in Section 22,
Township 17 South, Range 3 Nest of the Willamette Meridian; said point being on the Westerly
margin of Beverly Street, thence along said margin South 21' 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 right (the chord of which curve bears South 73°
17' 16" West 296.53 feet) a distance of 296.67 feet; thence continuing along said. margin South 76°
25' 34" West 73.40 feet; thence continuing along said margin South 89° 22' 51" West 576.88 feet to
the Easterly margin of Interstate 5; thence leaving said Northerly margin along the Easterly margin
North 4° 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 N o . 88-1,2552 Offcial 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, Recorder's 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 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 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.
Produced using RLID (w .rlid.org) on 01/25/2023 at 11:14 AM
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 17-0322-00-02109, 17-03-22-00-02200, 17-03-22-00-02218, 1.7-03-22-00-
02219, 1.7-03-22-00-02300 and 17-03-22-00-02305)
THE ABOVE DESCRIBED LAND ALSO BEING KNOWN AS (without representation or
warranty as to the accuracy of the description set forth below):
Beginning at a point North 00 degrees 04' 00" west a distance of 1.25.69 feet from the Southwest
corner of the W.M. Stevens Donation Land Claire 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-Aof-way a distance of 2647.83 feet to the Southwest
corner of that parcel described on Reel 1.1.39, 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
richt (the chord of which hears 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 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 3 9' 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 1.2' 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 3 P 23" East a distance of 1. 79.44 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' 1.1 " 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
Produced using RLID (w .rlid.org) on 01/25/2023 at 11:14 AM
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, Recorder's Reception No. 94-11.882, 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 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 3 5.78 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' OOT' 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 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
March 8, 1990, Reception No. 90-1.1.1.94. Official Records of Lane County,
(Tax Lot Numbers 17-03-22-00-02109,
17-03-22-00-02200,
02219, 17-03-22-00-02300 and 17-03-22-00-02305)
PARCEL V:
and- Sale Deed recorded
Oregon.
17-03-22-00-02218, 17-03-22-00-
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 terms 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.
Produced using RLID (w .rlid.org) on 01/25/2023 at 11:14 AM
EXHIBIT B
EXCEPTIONS
1. Any lien, or right to lien, for services, labor or material hereafter furnished, imposed
by law and not shown by the public records.
2, Utility Easement created by instrument, including the terms and provisions thereof,
Recorded: June 23, 1926
Volume 148, Page 569, Lane county Records
In favor of: Mountain States Power company
(now Pacific Power & Light company)
For: electric transmission lines and/or electric distribution
system
3, Utility easement created by instrument, including the terms and provisions thereof,
Recorded
Volume 148,
In favor of:
For:
June 23, 1926
Page 571, Lane County Records
Mountain States Power company
(now Pacific Power & Light Company)
electric transmission lines and/or electric distribution
system
4, Easement for canal contained in
and Water company and Ira H.
thereof,
Water Contract betwee
Ca I ef, et a l ,
Recorded: November 4, 1936
Volume 189, Page 24, Lane county Records
including
n Eugene -Springfield Land
the terms and provisions
The above easement was assigned by numerous documents, the last of which was
Quitclaim Deed,
Recorded:
Document No.:
To:
5. An easement created by
Recorded:
Document No.:
Boob 333, Page 637,
In favor of:
February 22, 1989
89-08203, Lane county Records
Gateway Mail Limited Partnership
instrument, including the terms and provisions thereof,
October 15, 1945
24684, Lane county Records
Lane county Records
Mountain States Power company
6, Access Restrictions to Interstate 5 (Pacific Highway) as disclosed by deed from Anna
Boyd Davis Reed, et vir, to the State of Oregon, by and through its State Highway
Commission, including the terms and provisions thereof,
Recorded: June 28, 1957
Document No.: 16055, Lane county Records
Produced using RLID (w .rlid.org) on 01/25/2023 at 11:14 AM
7. Relinquishment of Access Rights to Interstate 5 (Pacific Highway) contained in deed
from Hazel Calef, a widow, to the State of Oregon, by and through its State Highway
Commission, including the terms and provisions thereof,
Recorded. May 15, 1958
Document No.. 38851, Lane County Records
8. Utility easement created by instrument, including the terms and provisions thereof,
Recorded: October 30, 1959
Document No.:
In favor of:
For:
82151, Lane County Records
City of Eugene
electric power, telephone and telegraph equipment,
lines and poles
As and to the extent shown on Survey dated December 5, 2016, last modified
February 28, 2017, by Duryea & Associates, P.S., Job No. 15-2022 (the "Survey').
9. Utility easement created by instrument, including the terms and provisions thereof,
Recorded: November 3, 1959
Document No.: 82428, Lane County Records
In favor of: City of Eugene
For: electric power, telephone and telegraph equipment,
lines and poles
As and to the extent shown on the Survey.
16. Utility easement
Recorded:
Document No.:
In favor of:
For:
created by instrument, including the terms and provisions thereof,
February 21, 1962
60269, Lane County Records
Pacific Power & Light Company
electric transmission and distribution lines
As and to the extent shown on the Survey.
11. Utility easement created by
Recorded:
Document No.:
In favor of:
For:
instrument, including the terms and provisions thereof,
February 21, 1962
60270, Lane County Records
Pacific Power & Light Company
electric transmission and distribution lines
As and to the extent shown on the Survey,
Produced using RLID (w .rlid.org) on 01/25/2023 at 11:14 AM
12. Unrecorded floodway easement as disclosed by instrument recorded between the
McKenzie water Control District grantor and Pacific Power & Light company,
grantee, including the terms and provisions thereof,
Recorded: May 21, 1962
Document No.: 70248, Lane county Records
As and to the extent shown on the Survey.
13. Intentionally omitted
14. An easement c
Recorded.
Document No,.:
In favor of:
For:
rested by instrument, including the terms and provisions thereof,
September 24, 1
976
76-50098, Lane county Records
City of Springfield
sanitary sewer
As and to the extent shown on the Survey.
15. An easement created by in
Recorded:
Document No.:
In favor of:
For:
strument, including the terms and provisions thereof,
September 24, 1976
76-50099, Lane county Records
City of Springfield
sanitary sewer
As and to the extent shown on the Survey.
16. Utility easement created by instrument, including the terms an
Recorded: February 8, 1980
Document No.: 80-07062, Lane County Records
In favor of: city of Springfield
As and to the extent shown on the Survey.
17. Disposition and
terms and prov
Recorded:
Document No.:
d provisions thereof,
Development Agreement with the city of Springfield, including the
isions thereof,
October 21, 1988
Amended by instrument,
Recorded:
Document No.:
88-44251, Lane county Records
February 11, 1998
98-09140, Lane county Records
(Excluding all payment obligations contained therein, including without limitation
Sections 8 and 22 of the original agreement and Section 4 of the 1995 amendment)
Produced using RLID (w .rlid.org) on 01/25/2023 at 11:14 AM
18, A permit and easement created by instrument, including the terms and provisions
thereof,
Recorded: September 28, 1989
Document No.: $943900, Lane County Records
In favor of: City of Eugene
F For: underground electric utility line
As and to the extent shown on the Survey.
19. An easement c
Recorded:
Document No.:
In favor of:
reated by instrument, including the terms and provisions thereof,
February 23, 1990
90-08986, Lane County Records
Rainbow water and Fire District
As and to the extent shown on the Survey.
20. An easement created by
Recorded:
Document No,,:
In favor of:
instrument, including the terms and provisions thereof,
March 8, 1990
90-11195, Lane county Records
City of Springfield
As and to the extent shown on the Survey.
21, construction, opera
Limited Partnership
provisions thereof,
Recorded:
Document No..
(Parcel II)
tion and Reciprocal Ea
and Dayton Hudson
sement by and between Gateway Mall
Corporation, including
March 13, 1990
90--11883, Lane county Records
the terms and
First Amendment to construction, operation and Reciprocal Easement Agreement,
including the terms and provisions thereof,
Recorded: dune 13, 2003
Document No.: 2003-053059, Lane County Records
Second Amendment to Construction, operation and Reciprocal Easement Agreement,
including the terms and provisions thereof,
Recorded:
Document No.:
October 29, 2013
2013-056807
Third Amendment to construction, operation and Reci
including the terms and provisions thereof,
Recorded: .dune 10, 2014
procal Easement Agreement,
Document No.: 2014-021249, Lane county Records
22. Terms, provisions and conditions of easement, as conta
Agreement dated March 13, 1990, by and between Gateway M
and Dayton Hudson corporation, as disclosed by Memorandum
Recorded: March 13, 1990
Document No.: 90--11884, Lane county Records
Produced using RLID (w .rlid.org) on 01/25/2023 at 11:14 AM
ined in that certain
all Limited Partnership
23. Unrecorded lease, including the terms and
matters, interest, or exceptions as m
original lease,
Lessor:
Lessee:
A memorandum o
ay appea
provisions thereof, and such other
r necessary upon examination of the
Gateway Mali Limited Partnership,
a South Dakota Limited Partnership
Sears, Roebuck and Co., a New York corporation
f which was,
Dated: March 2, 1990
Recorded: April 9, 1990
Document No.: 90--16157, Lane county Records
(containing no purchase options, rights of first refusal or rights of first offer)
24. Lease, including the terms
Dated:
Recorded:
Document No,,:
Between:
and provisions thereof, a memorandum of which was,
February 28, 1995
April 11, 1995
95-19998, Lane county Records
Gateway Mall Partners, a South Dakota general
partnership, Lessor and United Merchandising Corp.,
a California corporation, Lessee
(containing no purchase options, rights of first refusal or rights of first offer)
25. An easement created by instrument, including the terms and provisions thereof,
Recorded: June 18, 1996
Document No.: 96-40795, Lane County Records
In favor of: City of Springfield
For: underground electric distribution line
As and to the extent shown on the Survey.
26. city of Springfield Improvement Agreement and Application for Sewer Hookup,
including the terms and provisions thereof,
Recorded: June 20, 1996
Document No.: 96-41612, Lane county Records
27. An easement created by instrument, including the terms and provisions thereof,
Recorded: October 30, 1936
Document No.: 96-73241, Lane county Records
In favor of: city of Springfield
For: underground electric distribution line
As and to the extent shown on the Survey.
28. An easement created by instrument, including the terms and provisions thereof,
Recorded: September 26, 1997
Document No.: 97-65399, Lane county Records
In favor of: City of Springfield
For: public utilities
As and to the extent shown on the -Survey.
Produced using RLID (w .rlid.org) on 01/25/2023 at 11:14 AM
29. Lease, including the terms and provisions thereof,
Dated: August 20, 1999
Recorded: September 7, 1999
a memorandum of which was,
Document No.: 99-077472, Lane County Records
Between: Gateway Mall Partners, a South Dakota
general partnership, Lessor, and Cinemark
USA, Inc., a Texas corporation, Lessee
(containing no purchase options, rights of first refusal or rights of first offer)
30. An easement created by instrument, including the terms and provisions thereof,
Recorded: November 16, 2001
Document No.: 2001-076670, Lane county Records
In favor of: City of Springfield, acting by and through its
Springfield Utility Board
For: underground electric distribution line
As and to the extent shown on the Survey.
31. Unrecorded lease,
Dated.
Lessor:
Lessee:
including the terms and provisions thereof,
April 17, 2001
GG P -Gateway Mall, LLC,
a Delaware limited liability company
RCI Realty, LLC, a Georgia
limited liability company
Disclosed by: Memorandum of Lease
Recorded: March 1, 2002
Document No.:. 2002--010301, Lane County Records
Assignment of
Dated:
Recorded.
Document No.:
Rights in Lease, including the terms and provisions t
October 11, 2002
October 30, 2002
2002-084778, Lane County Records
Memorandum of Assig
Dated:
Recorded.
Document No.:
To
hereof,
nment of Lease, including the terms and provisions thereof,
October 11, 2012
October 16, 2012
2012-053095, Lane County Records
Apple Oregon LLC, a Delaware limited liability company
(containing no purchase options, rights of first refusal or rights of first offer)
32. An easement created
Recorded:
Document No.:
In favor of:
For:
by instrument, including the terms and provisions thereof,
June 4, 2002
2002-042930, Lane County Records
City of Springfield, acting by and through its
Springfield Utility Board
electric distribution and telecommunication lines
As and to the extent -show-n-on th-e Survey. --
Produced using RLID (w .rlid.org) on 01/25/2023 at 11:14 AM
I �. — � _ . J_ . .
33. Unrecorded lease, including the terms and provisions thereof,
Dated: September 14, 1935
Lessor: GGP-Gateway Mall, L.L.C. formerly known as
Gateway Mall Partners, a South Dakota
general partnership
Lessee:
Disclosed
Recorded
Docu men
OCB Restaurant Co., a Minnesota corporation,
as successor by merger to OCB Realty, Co.
by: Memorandum of Lease
t No.:
June 13, 2003
2903.953841, Lane County Records
The lessee's interest in the above lease was assigned by Assignment of Lease,
including the terms and provisions thereof,
Dated: June 6, 2003
Recorded: June 1 3, 2003
Document No.: 2403--053542, Lane county Records
From: OCB Restaurant Co., a Minnesota corporation,
as successor by merger to OCB Realty Co.
To: ORG5, LLC, a Delaware limited liability company
(containing no purchase options, rights of first refusal or rights of first offer)
Grant Deed (Improvements
Recorded:
Document No.:
(affects only im
), including the terms and provisions thereof,
June 13, 2003
2003-053543, Lane county Records
provements owned by ORG5, LLC}
34. Memorandum of Affiliate sublease, including the terms and provisions thereof,
Dated: June 4, 2003 _ Recorded: June 13, 2003
Document No.: 2003-053847, Lane County Records
Sublessor: ORG5, LLC, a Delaware limited liability company
Sublessee: GRG Properties, LLC,
a Delaware limited liability company
(containing no purchase options, rights of first refusal or rights of first offer)
351, Memorandum of Lease, including the terms and provisions thereof,
Dated: June 6, 2003
Recorded: June 13, 2003
Document No.: 2003-053850, Lane County Records
Lessor: ORG Properties, LLC,
a Delaware limited liability company
Lessee: O.R.G. Restaurants, LLC,
a California limited liability company
(containing no purchase options, rights of first refusal or rights of first offer)
Produced using RLID (w .rlid.org) on 01/25/2023 at 11:14 AM
36. Memorandum of Lease, including the terms and provisions thereof,
Dated: August 15, 2005
Recorded:
Document No.:
Lessor:
Lessee:
November 15, 2005
2005-090944, Lane County Records
GGP-Gateway Mall, L.L.C.,
a Delaware limited liability company
Kohl's Department Stores, Inc.,
a Delaware corporation
(containing no purchase options, rights of first refusal or rights of first offer)
37. Terms, provisions and conditions of easement, including but not limited to
maintenance provisions contained in General Judgment
Filed:
Circuit Court C
Recorded:
Document No.:
For:
March 27, 2007
ase No.: 16 06 00281
April 6, 2007
2007022874, Lane County Records
bicycle/pedestrian facility
As and to the extent shown on the Survey.
38. Landlord Agreement, including the terms and provisions thereof,
Recorded: December 26, 2012
Document No,: 201.2-066081, Lane County Records
Between: Apple Oregon LLC, a Delaware limited
liability company, as successor in interest
to the tenant named therein
And: GGP--Gateway Mall L.L.C. ,
a Delaware limited liability company
39. Memorandum of Lease,
Dated:
Recorded:
Document No.:
Lessor:
Lessee:
(containi
including the terms and provisions thereof,
December 5, 2012
December 27, 2012
2012-066273, Lane County Records
GGP-Gateway Mall L. L.C.,
a Delaware limited liability company
Wal-Mart Stores, Inc., a Delaware corporation
ng no purchase options, rights of first refusal or rights of first offer)
40. Memorandum of Lease,
Dated:
Recorded:
Document No.:
Lessor:
including the terms
May 6, 2013
May 17, 2013
and provisions thereof,
2013-026684, Lane County Records
Gateway Mall L.L.C.,
a Delaware limited liability company
Lessee: Wingmen V, LLC,
a Washington limited liability company
(containing no purchase options, rights of first refusal or rights of first offer)
I ..
Produced using RLID (w .rlid.org) on 01/25/2023 at 11:14 AM
i
41. Notice of operations and Maintenance Agreement, Private Stormwater
Management and Treatment System, including the terms and provisions thereof,
Dated : February 25, 2014
Recorded. February 26, 2014
Document No.: 2014-005757, Lane County Records
42. Memorandum of Lease, including the terms and provisions
thereof, original lease
Dated: March 31, 2014
Recorded: May 5, 2014
Document No.: 2014-016278, Lane county Records
Lessor: GGP-Gateway Mall, LLC,
a Delaware limited liability company
Lessee: Hobby Lobby Stores, Inc., an Oklahoma
corporation (containing no purchase options, rights of first refusal or rights of
fi rst offer)
43. Memorandum of Lease, including the terms and provisions
thereof, Dated: February 10, 2015
Recorded: February 24, 2015
Document No.: 2015-007001, Lane county Records
Lessor: GGP-Gateway Mall L.L.C.,
a Delaware limited liability company
Lessee: Ulta Salon, Cosmetics & Fragrance,
Inc., a Delaware corporation
(containing no purchase options, rights of first refusal or rights of first offer)
44. Memorandum of Lease, i
thereof, Dated.
Recorded.
Document No.:
Lessor.
Lessee:
ncluding the terms and provisions
December 15, 2014
March 13, 2015
2015-009799, Lane County Records
GGP-Gateway Mall, L.L.C.,
a Delaware limited liability company
Ross Dress for Less, Inc., a Virginia
corporation (containing no purchase options, rights of first refusal or
rights of first offer)
45. Encroachment of improvements into easement for underground waterline
and appurtenances, recorded February 23, 1990, Document No. 90-
08980, Lane County Records and into easement for utilities, recorded June
181 1990, Document No. 96--40795, as shown on the Survey.
46. Rights of the following parties in possession as tenants or licensees only,
under unrecorded leases or licenses, with no rights of first refusal, or options
or rights to purchase any portion of the property:
KOHL'S DEPARTMENT STORES INC.
SEARS
TARGET
ASHLEY HOME FURNISHINGS
CABELA'S
HOBBY LOBBY
Produced using RLID (w .rlid.org) on 01/25/2023 at 11:14 AM
HOMETOWN BUFFET
INTERNATIONAL FITNESS
MARSHALLS
PETCO SUPPLIES & FISH
ROSS DRESS FOR LESS
CINEMARK
APPLEBEE'S
ASPEN DENTAL
BIC 5 SPORTING GOODS
BUFFALO WILD WINGS GRILL & BAR
CARL'S JR.
CHIPOTLE
FIREHOUSE SUBS
MENCHIE'S
NOODLES & COMPANY
ORIGINAL ROADHOUSE GRILL
PANERA BREAD
SLEEP TRAIN
T -MOBILE
WAL- MART
DIAMOND WIRELESS
GAM ESTO P
HARRY RITCHIE JEWELERS
KAY JEWELERS
MAU RICES
NAILS NOW
NAILS UNCORKED
OREGON SPORTS
PAYLESS S HOESOU RCE
RACK ROOM SHOES
STATE OF OREGON -MILITARY DEPARTMENT
U LTA
US ARMY/NAVY RECRUITING
CARDTRONICS
Al EYEBROW BY THREADING
CRAFTERS ALLEY
FRESH AND NATURAL
INDULGE ANTIQUES
NORTHWEST BEDS
OREGON SPORTS
SOUTHERLAND INSURANCE GROUP
TALK TIME
BITCOINNW
KIDDIE CONCEPTS
MINI MELTS CTM
JELSALAIS INDUSTRIES
BLUEGREEN VACATIONS
INNOVATIVE VENDING^SOLUTIONS
Produced using RLID (w .rlid.org) on 01/25/2023 at 11:14 AM
Firs(American OTIRO C-04 Convimtent for Title Insurance
Oregon — 2021 v. 01.00 (07-01-2021)
Transaction Identification Data, for which the Company assumes no liability as set forth in
Commitment Condition S.e.:
Issuing Office: Escrow Officer Name: Latasha Biddle
First American Title Insurance Company Escrow Officer Number: (215) 568-9502
National Commercial Services
Two Liberty Place Escrow Officer Email: Ibiddle@firstam.com
50 South 16th St., Suite 2600
Philadelphia, PA 19102
Issuing Office's ALTA& Registry ID: 0005321
Commitment Number: NCS -1162791 -PHIL
Issuing Office File Number: NCS -1162791 -PHIL
Property Address:
2730-2720 Gateway Street, Springfield, OR
Revision Number: 3
Title Officer Name: Michele Ingersoll
Title Officer Number: (215) 568-9502
Title Officer Email: MIngersoll@frstam.com
1141)14,11117:1
1. Commitment Date: January 12, 2023 at 8:00 a.m.
2. Policy to be issued:
a. ALTA& Standard Owners Policy
Proposed Insured: To Be Determined
Proposed Amount of Insurance: $TBD
Govt Service Charge Cost $30.00
The estate or interest to be insured: See Item 3 below
3. The estate or interest in the Land at the Commitment Date is:
Fee Simple
4. The Title is, at the Commitment Date, vested in:
BRFI Gateway, LLC, a Delaware limited liability company
S. The Land is described as follows:
See Exhibit A attached hereto and Tirade a part hereof
This page & only a part ofa 2021 ALTA Commibnent for Title Insuranre issued by First Amen Title Imumnoa Congeny. 7h&
Comrnbneot& not vakd Wthout the Nofim; Me Commibnent to &sue ibliry; Me Commibnent Cone"tions; Schedule A� Schedule 8,
Rant I—Requmnenb, and Scheduk B part I7—Exmpbonr and rounlersgnalvre by the Congany oras esuing agent Mat may
be in efecbonic form.
Copyright 2021 American land title Association. All rights reserved
The use of this Fore (or any derivative diersof) is reshcled b ALTA licensees and
ALTA rnerrbers in good standing as of the dab• of use. NI oilier uses are prohibited.
First American OTIROC-04Conwianentfor Title Insurance
Oregon — 2021 r. 01.00 (07-01-2021)
First American Title Insurance Company National Commercial Services
By:
Authorized Signatory
This page & only a part ofa 2021 ALTA Commisnent for Tale Insuranre issued by First Amen Title Imuran= Congeny. 7h&
Comnssneot& not vakd ewthout the Nofim; Me Commisnent to &sue ibliq; Me Commibrent Con&"tions; Schedule A. Schedule B,
Part I—Requmnents, and Scheduk B part 77—Exmpbons, and rounlersgnalvre by she Congany or as &suing agent Mat may
be in efecsonic form.
Copyright 2021 American land Title Association. All rights reserved.
The use of this Forth (or any derivative diersof) is restricted b ALTA licensees and
ALTA rnerrbers in good standing as of the date of use. NI oilier uses are prohibited.
First American OTIROC-04Comrrimtentfor Title Luurence
Oregon — 2021 v. 01.00 (07-01-2021)
Commitment No. NCS -1162791 -PHIL
SCHEDULE B, PART I—Requirements
All of the following Requirements must be met:
1. The Proposed Insured must notify the Company in writing of the name of any party not referred to in
this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The
Company may then make additional Requirements or Exceptions.
2. Pay the agreed amount for the estate or interest to be insured.
3. Pay the premiums, fees, and charges for the Policy to the Company.
4. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured,
or both, must be properly authorized, executed, delivered, and recorded in the Public Records.
S. The marital status of the vested owner described in Paragraph 4 of Schedule A is consistent with the
mantel status identified in the most current instrument vesting Title. First American Title Insurance
Company does not represent that this is the current marital status of the vested owner. The current
mantel status of the vested owner should be provided to the Company prior to closing. Additional
requirements may be imposed based upon any change in marital status since the recording of the
current vesting deed.
6. If a proposed mortgage or deed of trust will secure, in whole or in part, construction advances, in
order to consider providing coverage against statutory liens for services, labor, or materials arising
from construction of improvements or work related to the Land, the Company will require:
1. Project budget, including hard costs, soft costs, equity contributions, and sources and uses.
2. An indemnity agreement on a form to be provided, and executed by indemnitor(s) approved, by
the Company.
3. Direct contract(s) with any general contractor(s), including projected schedule for completion of
construction.
4. Draft loan agreement detailing construction advance disbursement controls (or separate
disbursement agreement, if applicable) and guaranty/ees.
S. An appraisal, if lender has required one.
Upon receipt and review of the foregoing, the Company reserves the right to require additional
documentation. The cost for construction lien coverage will vary depending on if we issue up front
coverage or incremental coverage:
1. Full upfront coverage - the cost is $2.50 per thousand of the loan amount in addition to the title
insurance policy fee.
This page & only a part of 2021 ALTA Commibrent for Title Insuranre issued by First American Title Imumnas Congeny. 7h&
Comnssneot& not vakd Wthout the Mofim; Me Commibrent to &sue ibliry; Me Commibrent Cone"tions; Schedule A� Schedule B,
Parti—Requmnenis, and Scheluk B Part II—Exmpbons, anda ro tersgnatum by the Congeny or& esuing agent Mat may
be in efecbonic form.
Copyright 2021 American land Title Association. All rights reserved.
The use of this Fomn (or any derivative diersof) is restricted te ALTA licensees and
ALTA members in good standing as of the date of use. NI oilier uses are Prohibited.
First American OTIROC-04Convimtentfor Title Insurance
Oregon — 2021 v. 01.00 (07-01-2021)
2. Incremental coverage - the cost is $1 per thousand of the loan amount in addition to the title
insurance policy fee.
This page & only a part ofa 2021 ALTA Commibnent for Tale Insuranre issued by First Amen Title Imumnas Congeny. Th&
Comnsbneot& not vakd ewthout the Nofim; Me Commibnent fo &sue ibliq; Me Commibnent Cone"tions; Schedule A� Schedule 8,
Rant I—Requmnents, and Scheduk B part 77—Exmpbons, and ro tersgnatum by the Congany or as &suing agent Mat may
be in efecbonic form.
Copyright 2021 American land Title Association. All rights reserved.
The use of this Forth (or any derivative thersof) is restricted b ALTA licensees and
ALTA nerrbers in good standing as of the date of use. NI oilier uses are prohibited.
Firs(American 07IRO C-04 Commitment for Title Insurance
Oregon — 2021 v. 01.00 (07-01-2021)
Commitment No. NCS -1162791 -PHIL
SCHEDULE B, PART II—Exceptions
Some historical land records contain Discriminatory Covenants that are illegal and
unenforceable by law. This Commitment and the Policy treat any Discriminatory Covenant in a
document referenced in Schedule B as if each Discriminatory Covenant is redacted,
repudiated, removed, and not republished or recirculated. Only the remaining provisions of the
document will be excepted from coverage.
The Policy will not insure against loss or damage resulting from the teras and conditions of any lease or
easement identified in Schedule A, and will include the following Exceptions unless cleared to the
satisfaction of the Company:
1. Any defect, lien, encumbrance, adverse claim, or other natter that appears for the first time in the
Public Records or is created, attaches, or is disclosed between the Commitment Date and the date on
which all of the Schedule B, Part I—Requirements are met.
2. 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.
3. 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.
4. 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.
S. Any encroachment (of existing improvements located on the Land onto adjoining land or of existing
improvements located on adjoining land onto the Land), encumbrance, violation, variation, or
adverse circumstance affecting the Title that would be disclosed by an accurate and complete land
survey of the Land.
6. Any lien or right to a lien for services, labor, material or equipment, unless such lien is shown by the
Public Records at Date of Policy and not otherwise excepted from coverage herein.
This page & only a pert of 2021 ALTA Commibnent for Title Ins mnre issued by First American Title Imumnoe Conp any. 7h&
Commisneot& not vakd Wthout the Mofim; Me Commibnent to &sue ibliry; Me Conmibnent Cone"tions; Schedule A� Schedule B,
Parti—Requmt eno, and Scheluk B Part II—Exmpbons, anda ro tersgnature by the Corl any or its &suing agent Mat cosy
be in efecbonx form.
Copyright 2021 American land title Association. All rights reserved.
The use of this Fomn (or any derivative diereof) is restrcled b ALTA licensees and
ALTA reeabers in good standing as of the dam of use. NI oilier uses are prohibited.
Firs(American OTIROC-04 Conwitrent for Title Insurance
Oregon - 2021 v. 01.00 (07-01-2021)
The exceptions to coverage 2-6 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 Land.
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
7. Water rights, claims to water or title to water, whether or not such rights are a wetter of public
record.
8. City liens, if any, of the City of Springfield.
Note: NO SEARCH HAS BEEN MADE. If inquiry is desired, please contact your Title Officer for a lien
search.
9. Easement, including terms and provisions contained therein:
Recording Information: June 23, 1926 in 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
10. 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 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.
11. 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
12. Easement, including terms and provisions contained therein:
Recording Information: May 21, 1962, Reception No. 70248
In Favor of: Pacific Power 8. Light Company
This page & only a part of 2021 ALTA Commibnent for Title lns mrz issued by First Amen Title Imumnoe Conpeny. 7h&
Conmsnent & not raid mahout the &bm; Me Conmbnent to &sue Pole Me Conmbnent Cone""tions; Schedule A� Schedule 8,
Part I—Requmre nts, and Scheduk B Part I7—Exmpbbnr anda rountersgnaNre by the Congany arils &suing agent Mat may
be in efecbonic form.
Copyright 2021 American land Title Association. All rights reserved.
The use of this Fore (or any derivative diereof) is restricted b ALTA licensees and
ALTA members in good standing as of the date of use. NI oilier uses are prohibited.
First American OTIROC-04ComtiYnentfor Title Insurance
Oregon — 2021 v. 01.00 (07-01-2021)
For: Electric transmission and distribution lines
13. Easement, including terms and provisions contained therein:
Recording Information: May 21, 1962, Reception No. 70248
In Favor of: McKenzie Water Control District
For: Floodway and ditches
14. 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
15. 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
16. Waiver, Consent to Pay Assessment, Agreement to Pay Certain Improvement Costs, and Agreement
for Provision of Surety including the terms and provisions thereof:
Dated: October 3, 1988
Recorded: October 21, 1988, Reception No. 8844252
Executed by: Gateway Mall Limited Partnership
17. Construction, Operation and Reciprocal Easement Agreement, including terms 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
This page & only a part o f a 2021 ALTA Commibnent for Tale Insurenre issued by First American Title Imumnas Congeny. 7h&
Comnsbneot& not vakd mahout the Nofim; Me Commibnent fo &sue ibliry; Me Commibrent Cone"tions; Schedule 4, Schedule 8,
Rant I—Requmnents, and Scheduk B part 77—Exmpbonr and rountersgnatum by the Congany or as esuing agent Mat may
be in efecbonic form.
Copyright 2021 American land Title Association. All rights reserved.
The use of this Forn (or any derivative diersof) is restricted b ALTA licensees and
ALTA nerrbers in good standing as of the date of use. NI oilier uses are prohibited.
First American OTIROC-04Comrimtentfor Title Insurance
Oregon — 2021 v. 01.00 (07-01-2021)
Modification and/or amendment by instrument:
Recording Information: June 10, 2014 as Instrument No. 20 14-02 12 49
Assignment and Assumption Agreement and the terms and conditions thereof, recorded March 07,
2017 as Instrument No. 2017-011363.
18. Unrecorded Separate Agreement and the terms 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
19. 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
20. City of Springfield Improvement Agreement and Application for Sewer Hookup, including terms and
provisions thereof:
Recorded: June 20, 1996 as Instrument No. 96-41612
21. 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
22. 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)
23. payment and performance Bond, including terms and provisions thereof:
Recorded: March 28, 2013 as Instrument No. 2013-016861
This page & only a part o f a 2021 ALTA Commibnent for Title Ins vanre issued by First American Title Imumnas Congeny. 7h&
Comnsbneot& not vakd Wthout the Nofim; Me Commibnent to &sue ibliq; Me Commibrent Cone"tions; Schedule A� Schedule 8,
Rant I—Requaet ents, and Scheduk B part 77—Exmpbonr and rountersgnatum by the Congany oras esuing agent Mat may
be in efecbonic form.
Copyright 2021 American land Title Association. All rights reserved.
The use of this Forn (or any derivative diersof) is restricted b ALTA licensees and
ALTA nerrbers in good standing as of the date of use. NI oilier uses are prohibited.
First American OTIROC-04Conwimtentfor Title Luurence
Oregon — 2021 v. 01.00 (07-01-2021)
24. Notice of Operations and Maintenance Agreement, including terms and provisions thereof:
Recorded: February 26, 2014 as Instrument No. 2014-006757
25. Deed of Trust and Assignments of Rents:
Grantor/Trustor: BRFI Gateway, LLC, a Delaware limited liability company
Grantee/Beneficiary: Argentic Real Estate Investment LLC together with is successors
and assigns
Trustee: First American Title Insurance Company
Amount: $170,000,000.00
Recorded: December 15, 2021
Recording Information: Instrument No. 2021-077116
(Affects said land and other properties)
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.
Assignment and Assumption of Interest under Line of Credit Deed of Trust, Assignment of Leases and
rents and security Agreement recorded February 22, 2022 as Instrument No. 2022-008169.
The beneficial interest was assigned by successive assignments, the last of which was;
Recorded: August 01, 2022
Recording information: Instrument No. 2022-033393
To: AREIT 2021-CRES LTD, an exempted company incorporated in the Cayman Islands with limited
liability.
26. Assignment of leases and/or rents and the terns and conditions thereof:
Assignor: BRFI Gateway, LLC a Delaware limited liability company
Assignee: Argentic Real Estate Investment LLC together with its successors
and assigns
Recorded: December 15, 2021
Recording Information: Instrument No. 2021-077117
(Affects said land and other properties)
Assignment and Assumption of Interest under Assignment of Leases and Rens February 22, 2022 as
Instrument No. 2022-008170.
Assignment of Assignment of Leases and Rents recorded August 01, 2022 as Instrument No. 2022-
033391.
Assignment of Assignment of Leases and Rents recorded August 01, 2022 as Instrument No. 2022-
033394.
27. Financing Statement, indicating a Security Agreement
This page & only a part ofa 2021 ALTA Commibrent for Title Insurance issued by First American Title Imumnon Congeny. 7h&
Comnxbnent & not valid rdthout the Notice; Me Commibnent N &sue ibliq Me Comrrvbnent Cone"tions; Schedule A� Schedule 8,
Pad I—Requmnenb, and Scheluk B part 77—Exmpbonr anda rounlersgreNre by the Congany or& &suing agent Mat may
be in efecbonic form.
Copyright 2021 American land Title Association. All rights reserved.
The use of this Forn (or any derivative diersof) is restricted b ALTA licensees and
ALTA mer hers in good standing as of the date of use. NI oilier uses are prohibited.
First American OTIROC-04Convimtentfor Title Insurance
Oregon — 2021 v. 01.00 (07-01-2021)
Debtor: BRFI Gateway, LLC
Secured Party: Argentic Real Estate Investment LLC
Recorded: December 15, 2021
Recording Information: Instrument No. 2021-077118
(Affects said land and other properties)
Assignment of Secured Party's interest under said Financing Statement to Areit WH I LLC was
recorded February 22, 2022 as Instrument No. 2022-008171.
Assignment of Secured Party's interest under said Financing Statement to Argentic Real Estate
Investment LLC was recorded August 01, 2022 as Instrument No. 2022-033392.
Assignment of Secured Party's interest under said Financing Statement to Areit 2021-CRE5 LTD was
recorded August 01, 2022 as Instrument No. 2022-033395.
Modification and/or amendment by instrument:
Recording Information: August 17, 2022 as Instrument No. 2022-035547
Modification and/or amendment by instrument:
Recording Information: August 18, 2022 as Instrument No. 2022-035599
28. Declaration of Easements, including terns and provisions thereof:
Recorded: June 28, 2022 as Instrument No. 2022-027974
29. Any conveyance or encumbrance by BRFI Gateway, LLC should be executed pursuant to their
Operating Agreement, a copy of which should be submitted to this office for inspection.
30. Unrecorded leases or periodic tenancies, if any.
-END OF EXCEPfIONS-
This page & only a part ofa 2021 ALTA Commibnent for Title Insuranre issued by First Amenran Title Imumnas Congeny. 7h&
Comrnbneot& not vakd Wthout the Nofim; Me Commibnent to &sue ibliry; Me Commibrent Cone"tions; Schedule A� Schedule 8,
Rant I—Requmnents, and Scheduk B part 77—Exmpbonr and rounlersgnalvre by the Congany oras &suing agent Mat may
be in efecbonic form.
Copyright 2021 American land Title Association. All rights reserved.
The use of this Forn (or any derivative diersof) is restricted b ALTA licensees and
ALTA nerrbers in good standing as of the date of use. NI oilier uses are prohibited.
Firs(American OTIRO C-04 Conwimtent for Title Insurance
Oregon — 2021 v. 01.00 (07-01-2021)
INFORMATIONAL NOTES
NOTE: We find no matters of public record against that will take priority 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 2022-2023 PAID IN FULL
Tax Amount:
$36,258.58
Map No.:
17-03-22-00-02305
Property ID:
1004538
Tax Code No.:
01900
NOTE: Taxes for the year 2022-2023 PAID IN FULL
Tax Amount:
$17,130.41
Map No.:
17-03-22-00-02305
Property ID:
1772597
Tax Code No.:
01900
NOTE: Taxes for the year 2022-2023 PAID IN FULL
Tax Amount:
$51,876.17
Map No.:
17-03-22-00-02305
Property ID:
1772605
Tax Code No.:
01900
NOTE: Taxes for the year 2022-2023 PAID IN FULL
Tax Amount:
$36.46
Map No.:
17-03-22-00-02305
Property ID:
5676199
Tax Code No.:
01900
NOTE: Taxes for the year 2022-2023 PAID IN FULL
Tax Amount:
Map No.:
Property ID:
$10,384.33
17-03-22-00-02305
5684308
This page & only a part ofa 2021 ALTA Commibnent for Tale Insurance issued by First Amen Title Imumnas Congeny. 7h&
Comrnbneot& not vakd Wthout the Nofim; Me Commibnent fo &sue ibliq; Me Commibrent Cone"tions; Schedule A� Schedule 8,
Rant I—Requmnents, and Scheduk B part I7—Exmpbons, and rountersgnatum by the Congany or as &suing agent Mat may
be in efecbonic form.
Copyright 2021 American land Title Association. All rights reserved.
The use of this Forth (or any derivative diersof) is restricted b ALTA licensees and
ALTA nerrbers in good standing as of the date of use. NI oilier uses are prohibited.
First American OTIROC-04ComriYgentfor Title Insurance
Oregon — 2021 v. 01.00 (07-01-2021)
Tax Code No.:
01900
NOTE: Taxes for the year 2022-2023 PAID IN FULL
Tax Amount:
$44.69
Map No.:
17-03-22-00-02305
Property ID:
5705062
Tax Code No.:
01900
NOTE: Taxes for the year 2022-2023 PAID IN FULL
Tax Amount:
$1,311.62
Map No.:
17-03-22-00-02305
Property ID:
5515745
Tax Code N
01900
NOTE: This Preliminary Title Report does not include a search for Financing Statements filed 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:
2720 and 2730 Gateway St, Springfield, OR 97477
This page & only a part ofa 2021 ALTA Commihnsnt for Tale Insuranre issued by First American Title Imumnas Conpany. 7h&
Cornnnone'It& not vakd Wthout the Nofim; Me Cbnmi nt fo &sue ibliry; Me Commitment Cone"tions; Schedule A� Schedule 8,
Rant I—Requmnents, and Scheduk B part 77—Exmpbons, and rounaersgnatum by the Congany or as &suing agent Mat may
be in efe ftric form.
Copyright 2021 American land Title Association. All rights reserved.
The use of this Forth (or any derivative diersof) is restricted b ALTA licensees and
ALTA nerrbers in good standing as of the date of use. NI oilier uses are prohibited.
First American OTIROC-04Convimtentfor Title Insurance
Oregon — 2021 r. 01.00 (07-01-2021)
Commitment No. NCS -1162791 -PHIL
EXHIBITA
The Land referred to herein below in situated in the County of Lane, State of Oregon, and is described as
follows:
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 CORNER OF THE W. M. STEVENS DONATION LAND CLAIM NO. 46,
IN SECTION 22, TOWNSHIP 17 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 RIGHT (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, RECORDER'S 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 RIGHT (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.
This page & only a part o f a 2021 ALTA Commibnent for Title Insurenre issued by First American Title Imumnas Congeny. 7h&
Comnsbneot& not vakd mahout the Nofim; Me Commibnent to &sue ibliq; Me Commibrent Cone"tions; Schedule A� Schedule B,
Rant I—Requmnents, and Scheduk B part 77—Exmpbons, and ro tersgnatum by the Congany oras &suing agent Mat may
be in efecbonx form.
Copyright 2021 American land Title Association. All rights reserved.
The use of this Forth (or any derivative diersof) is restricted b ALTA licensees and
ALTA nerrbers in good standing as of the date of use. NI oilier uses are prohibited.
First American OTIROC-04Cotmimentfor Title Insurance
Oregon — 2021 r. 01.00 (07-01-2021)
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.
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 TERMS 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 01, 2008.
This page & only a part ofa 2021 ALTA Commibnent for Title Insuma issued by First Amen Title Imumnos Congeny. 7h&
Commisneot& not vakd mahout the Nofim; Me Commibnent to &sue ibliq; Me Commibrent Con&"tions; Schedule A. Schedule 8,
Part I—Requbenents, and Scheduk B part I7—Exmpbons, and rounlersgnalvre by the Congany oras &suing agent Mat may
be in efecbonic form.
Copyright 2021 American land Title Association. All rights reserved.
The use of this Forth (or any derivative diersof) is restricted b ALTA licensees and
ALTA nerrbers in good standing as of the date of use. NI oilier uses are prohibited.
Firs(American 071ROC-04 Comrrimrent for Title Insurance
Oregon - 2021 v. 01.00 (07-01-2021)
ALTA COMMITMENT FOR TITLE INSURANCE
issued by
FIRSTAMERICAN TITLE INSURANCE COMPANY
IMPORTANT—READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE
INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE
CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT.
THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL
OPINION, OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE
PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY
SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR
THE BENEFIT OF THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON,
INCLUDING A PROPOSED INSURED.
THE COMPANY'S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED
INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS
COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS
COMMITMENT TO ANY OTHER PERSON.
:414131 31 YY 314 A l\ D] 61-9114:414(M'1
Subject to the Notice; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and the
Commitment Conditions, First American Title Insurance Company, a Nebraska Corporation (the
"Company 1, commits to issue the Policy according to the terms and provisions of this Commitment. This
Commitment is effective as of the Commitment Date shown in Schedule A for each Policy described in
Schedule A, only when the Company has entered in Schedule A both the specified dollar amount as the
Proposed Amount of Insurance and the name of the Proposed Insured.
If all of the Schedule B, Part I—Requirements have not been met within after the Commitment Date, this
Commitment terminates and the Company's liability and obligation end.
FIRST AMERICAN TITLE INSURANCE COMPANY
By: 6)�' 9`
Kenneth 0. OeGiargio, President
BY:
Lisa W. Cnmehl, Secretary
This page & only a part ofa 2021 ALTA Commisnent for Title Ins mr issued by First Amen Title Imumnoa Conpany. 7h&
Commisneot& not vakd mahout the Nofim; Me Commisnent to &sue ibliq; Me Conm irnent Cone"tions; Schedule A� Schedule 8,
Pard—Requmt enb, and Scheduk B fart I7—Exmpt ns, anda rounlersgnalvre by the Congany arils &suing agent Mat may
be in efecsonx form.
Copyright 2021 American land lige Association. All rights reserved.
The use of this Forn (or any derivative diereof) is restricted an ALTA licensees and
ALTA rnernbers in good standing as of the dao• of use. NI oilier uses are prohibited.
First American OTIROC-04Comrritrrentfor Title Insurance
Oregon - 2021 v. 01.00 (07-01-2021)
COMMITMENT CONDITIONS
DEFINITIONS
a. "Discriminatory Covenant": Any covenant, condition, restriction, or limitation that is
unenforceable under applicable law because it illegally discriminates against a class of
individuals based on personal characteristics such as race, color, religion, sex, sexual
orientation, gender identity, familial status, disability, national origin, or other legally
protected class.
b. "Knowledge' or "Known": Actual knowledge or actual notice, but not constructive notice
imparted by the Public Records.
C. "Land": The land described in Item 5 of Schedule A and improvements located on that land
that by State law constitute real property. The tens "Land" does not include any property
beyond that described in Schedule A, nor any right, title, interest, estate, or easement in any
abutting street, mad, avenue, alley, lane, right-of-way, body of water, or waterway, but does
not modify or limit the extent that a right of access to and from the Land is to be insured by
the Policy.
d. "Mortgage': A mortgage, deed of trust, trust deed, security deed, or other real property
security instrument, including one evidenced by electronic means authorized by law.
e. "Policy': Each contract of title insurance, in a form adopted by the American Land Title
Association, issued or to be issued by the Company pursuant to this Commitment.
f. "Proposed Amount of Insurance': Each dollar amount specified in Schedule A as the Pmposed
Amount of Insurance of each Policy to be issued pursuant to this Commitment.
g. "Proposed Insured": Each person identified in Schedule A as the Pmposed Insured of each
Policy to be issued pursuant to this Commitment.
h. "Public Records": The recording or fling system established under State statutes in effect at
the Commitment Date under which a document must be recorded or filed to impart
constructive notice of netters relating to the Title to a purchaser for value without
Knowledge. The term "Public Records' does not include any other recording or filing system,
including any pertaining to environmental remediation or protection, planning, permitting,
zoning, licensing, building, health, public safety, or national security netters.
i. "State": The state or commonwealth of the United States within whose exterior boundaries
the Land is located. The term "State" also includes the District of Columbia, the
Commonwealth of Puerto Rico, the U.S. Virgin Islands, and Guam.
i. "Title': The estate or interest in the Land identified in Item 3 of Schedule A.
2. If all of the Schedule B, Part I—Requirements have not been met within the time period specified in
the Commitment to Issue Policy, this Commitment terminates and the Company's liability and
obligation end.
This page & only a part ofa 2021 ALTA Commibnent for Tale Insuranre issued by First Amenran Title Imumnas Congeny. 7h&
ComrnDneot& not vakd Wthout the Nofim; Me Commibnent to &sue ibliry; Me Commibnent Cone"tions; Schedule A� Schedule 8,
Part I—Requset ents, and Scheduk B part 77—Exmptionr and rounlersgnalvre by eche Congany or as &suing agent Mat may
be in efecbonic form.
Copyright 2021 American land Title Association. All rights reserved.
The use of this Forrn (or any derivative diereof) is restricted an ALTA licensees and
ALTA nerrbers in good standing as of the date of use. NI oilier uses are Prohibited.
First American OTIROC-04Comnitrrentfor Title lnsurmce
Oregon - 2021 v. 01.00 (07-01-2021)
3. The Company's liability and obligation is limited by and this Commitment is not valid without:
a. the Notice;
b. the Commitment to Issue Policy;
C. the Commitment Conditions;
d. Schedule A;
e. Schedule B, Part I—Requirements; and
f. Schedule B, Part II—Exceptions; and
g. a munter-signature by the Company or its issuing agent that may be in electronic form.
4. COM PANY'S RIGHT TO AMEND
The Company may amend this Commitment at any time. If the Company amends this Commitment
to add a defect, lien, encumbrance, adverse claim, or other matter recorded in the Public Records
prior to the Commitment Date, any liability of the Company is limited by Commitment Condition S.
The Company is not liable for any other amendment to this Commitment.
S. LIMITATIONS OF LIABILITY
a. The Company's liability under Commitment Condition 4 is limited to the Proposed Insured's
actual expense incurred in the interval between the Company's delivery to the Proposed
Insured of the Commitment and the delivery of the amended Commitment, resulting from
the Proposed Insured's good faith reliance to:
i. comply with the Schedule B, Part I—Requirements;
ii. eliminate, with the Company's written consent, any Schedule B, Part II—Exceptions; or
iii. acquire the Title or create the Mortgage covered by this Commitment.
b. The Company is not liable under Commitment Condition S.a. if the Proposed Insured
requested the amendment or had Knowledge of the wetter and did not notify the Company
about it in writing.
C. The Company is only liable under Commitment Condition 4 if the Proposed Insured would
not have incurred the expense had the Commitment included the added matter when the
Commitment was first delivered to the Proposed Insured.
d. The Company's liability does not exceed the lesser of the Proposed Insured's actual expense
incurred in good faith and described in Commitment Condition S.a. or the Proposed Amount
of Insurance.
e. The Company is not liable for the content of the Transaction Identification Data, if any.
f. The Company is not obligated to issue the Policy referred to in this Commitment unless all of
the Schedule B, Part I—Requirements have been met to the satisfaction of the Company.
g. The Company's liability is further limited by the terns and provisions of the Policy to be
issued to the Proposed Insured.
This page & only a part ofa 2021 ALTA Commibnent for Title Insuranre issued by First Amen Title Imuran= Conpany. 7h&
ComrnDneot& not vakd Wthout the Nofim; Me Commibnent to &sue ibliry; Me Commibnent Cone"tions; Schedule A� Schedule 8,
Part I—Requset ents, and Scheduk B part 77—Exmptionr and ro tersgnahn s by the Congany or ils &suing agent Mat may
be in efecbonic form.
Copyright 2021 Americm land Title Association. All rights reserved
The use of this Foan (or any derivative diereof) is restricted to ALTA licensees and
ALTA nernbers in good standing as of the date of use. NI oilier uses are Prohibited.
First American OTIROC-04Comrritrrentfor Title Insurance
Oregon - 2021 v. 01.00 (07-01-2021)
6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT; CHOICE OF LAW AND
CHOICE OF FORUM
a. Only a Proposed Insured identified in Schedule A, and no other person, may make a claim
under this Commitment.
b. Any claim must be based in contract under the State law of the State where the Land is
located and is restricted to the terns and provisions of this Commitment. Any litigation or
other proceeding brought by the Proposed Insured against the Company must be fled only
in a State or federal court having jurisdiction.
C. This Commitment, as last revised, is the exclusive and entire agreement between the parties
with respect to the subject wetter of this Commitment and supersedes all prior commitment
negotiations, representations, and proposals of any kind, whether written or oral, express or
implied, relating to the subject matter of this Commitment.
d. The deletion or modification of any Schedule B, Part II—Exception does not constitute an
agreement or obligation to provide coverage beyond the terns and provisions of this
Commitment or the Policy.
e. Any amendment or endorsement to this Commitment must be in writing and authenticated
by a person authorized by the Company.
f. When the Policy is issued, all liability and obligation under this Commitment will end and the
Company's only liability will be under the Policy.
7. IF THIS COMMITMENT IS ISSUED BY AN ISSUING AGENT
The issuing agent is the Company's agent only for the limited purpose of issuing title insurance
commitments and policies. The issuing agent is not the Company's agent for closing, settlement,
escrow, or any other purpose.
8. PRO -FORMA POLICY
The Company may provide, at the request of a Proposed Insured, a pro -forme policy illustrating
the coverage that the Company may provide. A pro -forma policy neither reflects the status of Title
at the time that the pro-fomna policy is delivered to a Proposed Insured, nor is it a commitment to
insure.
9. CLAIMS PROCEDURES
This Commitment incorporates by reference all Conditions for making a claim in the Policy to be
issued to the Proposed Insured. Commitment Condition 9 does not modify the limitations of liability
in Commitment Conditions 5 and 6.
10. CLASS ACTION
ALL CLAIMS AND DISPUTES ARISING OUT OF OR RELATING TO THIS COMMITMENT, INCLUDING
ANY SERVICE OR OTHER MATTER IN CONNECTION WITH ISSUING THIS COMMITMENT, ANY
BREACH OF A COMMITMENT PROVISION, OR ANY OTHER CLAIM OR DISPUTE ARISING OUT OF
OR RELATING TO THE TRANSACTION GIVING RISE TO THIS COMMITMENT, MUST BE BROUGHT
IN AN INDIVIDUAL CAPACITY. NO PARTY MAY SERVE AS PLAINTIFF, CLASS MEMBER, OR
PARTICIPANT IN ANY CLASS OR REPRESENTATIVE PROCEEDING. ANY POLICY ISSUED
PURSUANT TO THIS COMMITMENT WILL CONTAIN A CLASS ACTION CONDITION.
This page & only a part ofa 2021 ALTA Commibnent for Title Insuranre issued by First Amenran Title Imumnas Congeny. 7h&
ComrnDneot& not vakd mahout the Nofim; Me Commibnent to &sue ibliq; Me Commibnent Cone"tions; Schedule A� Schedule 8,
Part I—Requset ents, and Scheduk B part 77—Exmptions, and rountersgnahna by the Congany oras &suing agent Mat may
be in efecbonic form.
Copyright 2021 American land Title Association. All rights reserved.
The use of this Forrn (or any derivative diereof) is restricted an ALTA licensees and
ALTA members in good standing as of the date of use. NI oilier uses are Prohibited.