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HomeMy WebLinkAboutNotes Applicant 11/21/2024 (6)Lane County Clerk 2017-037745 Lane County Deeds & Records 08/01 /2017 09:48:47 AM RPR-DEED Cnt=1 Stn=O CASHIER 01 18pages S10.00 $21.00 $20.00 $90.00 $11.00 $152.00 RE-RECORDING COVER SHEET as q�,i After recording return to: Paul Hastings LLP 71 South Wacker Drive Suite 4500 Chicago, Illinois 60606 Attn: Gregory Spitzer, Esq. All tax statements should be sent to: No change 1. Document Title — by ORS 205.234(a): Special Warranty Deed 2. Grantor/Direct Party — by ORS 205.125(1)(b) and ORS 205.160: GGP-GATEWAY MALL L.L.C., a Delaware limited liability company 3. Grantee/Indirect Party — by ORS 205(1)(a) and ORS 205.160:BRFI GATEWAY, LLC, a Delaware limited liability company This document is being re -recorded at the request of First American Title Company to correct the legal description. Previously recorded as 2017-011362. Attachment(s) evidencing correction: A new "Exhibit A" reflecting the correct legal description is attached hereto. WTI. t 2-q � 9 2- 1-0 After PAoordhV RWum To; Wastem TVs & Emow Comparty 40? Nkmy ft Sub 340, Etrpane, OR 07401 After recording return to: Paul Hasun.ds LLP 71 South Wacker Drive Suite 4500 Illinois 60606 AT7N: Grego;-; Spitzer. Esq. Until a change is requested all tax statements shall be sent to the following address: BRFI Gatewav, LLC I J 611 San Vicente Boulevard Suite 900 Los An2tles, California 90049 Lane County Clerk 2017-011362 Lane County Deeds & Records 03107!2017 01:14: 10 PM RPR-DEED CnI=1Stn=0CASHIER 02 17pages S21,00 S85,00 sio 00 S11,00 $127.00 SPECIAL WARRANTY DEED The true consideration for this conveyance is S] 07,500MO.00. GGP-GATEWAY MALL L.L.C-. a Delaware limited liability company (-Grantor"), conveys and sptcialh, warrants to BRFl GATEWAY. LLC. a Delaware limited liability company {"Grantee" I. the following described real property fret of liens and encumbrances. except as specificall,., set forth herein: LEGAL DESCRIPTION: Real pronrerry in the County of Lane, State of Oregon, described as follows: See Exhibit "A" attached hereto and made a part hereof. Special Warranty Deed- continued Prop. ID: 17-03-22-00-02109, 17-03-22-00-02200, 17-03-22-00-02218, 17-03-22-00-02219, 17- 03-22-00-02300 and 17-03-22-00-02305 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 part hereof. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, 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 215.010. 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 195.305 TO 195.336 AND SECTIONS 5 TO 11, OF CHAPTER 424, OREGON LAWS 2007, AND SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] Dated this day of nrvtn'�l , 2017. GGP-GATEWAY MALL L.L.C., a Delaware limited liability company By: Name: r . Harper Title: Chief Executive Officer State of tiiEEW Y02K, County of OEy-/` O(LK) ss. This instrument was acknowledged before me on this 1 day of Mk&+ , 2017 by GGP- 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. WILLIAMS Notary Public, State of New York No.01W163104M Notary Public for Pew York oualHledInNow York County My Commission Expires CommWdon Expires July 26, 2018 [Gateway Special Warranty Deed] EXHIBIT A LEGAL DESCRIPTION PARCELI Beginning at a point on the East line of Interstate Five, said point being 600.0 feet North 040 40, 04" East from the Northwest 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 001, 04' West 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 West of the Willamette Meridian, Lane County, Oregon, running thence North 04' 40' 04" East along the East line of Interstate 5 a distance of 1360.7 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 1064.03 feet; thence along the West line of Gateway Street on the arc of a 2904.79 foot radius curve left (the long chord of which bears South 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 889.63 feet; thence West 450.0 feet to the Place of Beginning. PARCEL Il 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' West 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 68' 40' West 267.08 feet to the Place of Beginning. PARCEL III A parcel of land in Section 22, Township 17 South, Range 3 West of the Willamette Meridian, in the City of Springfield, described as follows: Beginning at a point on the West line of the William Stevens Donation Land Claim No. 46, Township 17 South, Range 3 West of the Willamette Meridian, 1498.38 feet South 0° 04' East from the Northwest corner of said Donation Land Claim No. 46; thence South 0° 04' East 211.69 feet along said West line; thence South 89' 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 0° 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 89' 45' 20" East from the True Point of Beginning; thence South 89' 45' 20" West 1248.92 feet to the True Point of Beginning, in Lane County, Oregon. PARCEL IV 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 West 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 are 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 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 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 are of a 228.00 foot radius curve to the right (the chord of which curve bears South 32 degrees 09' 15" West 271.32 feet) a distance of 290.59 feet; thence South 68 degrees 40' 00" West 166.75 feet; thence South 21 degrees 20' 00" East 54.00 feet; thence South 68 degrees 40' 00" West 60.00 feet; thence North 21 degrees 20' 00" West 54.00 feet; thence South 68 degrees 40' 00" West 217.49 feet; thence South 90 degrees 00' 00" West 365.85 feet; thence North 4 degrees 40' 00" East 598.65 feet to the point of beginning, in ane County, Oregon. ALSO EXCEPTING THEREFROM that portion described in General Judgment recorded April 6, 2007, Reception No. 2007-022874, Official Records of Lane County, Oregon. ALSO EXCEPT THEREFROM that portion conveyed to City of Springfield for public road by Bargain and Sale Deed recorded October 9, 2008, Document No. 2008-056324, Lane County Records. ALSO EXCEPTING THEREFROM that portion described in Bargain and Sale Deed recorded March 8, 1990, Reception No. 90-11194, Official Records of Lane County, Oregon. (Tax Lot Numbers 17-03-22-00-02109, 17-03-22-00-02200, 17-03-22-00-02218, 17-03-22-00- 02219, 17-03-22-00-02300 and 17-03-22-00-02305) THE ABOVE DESCRIBED LAND ALSO BEING KNOWN AS (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 125.69 feet from the Southwest corner of the W.M. Stevens Donation Land Claim No. 46, in Section 22, Township 17 South, Range 3 West, Willamette Meridian; thence South 68 degrees 40' 00" West a distance of 369.62 feet to the Westerly right-of-way of Beverly Street; thence South 21 degrees 20' 00" East along said Westerly right-of-way a distance of 291.02 feet to the Northerly right-of-way of Harlow Road; thence along the Northerly right-of-way of Harlow Road along the arc of a 2819.79 foot radius curve right (the chord of which bears South 73 degrees 19' 13" West a distance of 296.53 feet) a distance of 296.67 feet; thence continuing along said Northerly right-of-way, South 76 degrees 25' 57" West a distance of 73.46 feet; thence continuing along said Northerly right-of-way South 89 degrees 22' 51" West a distance of 576.60 feet to the Easterly right-of-way of Interstate 5; thence North 04 degrees 41' 34" East along said Easterly right-of-way a distance of 2647.83 feet to the Southwest corner of that parcel described on Reel 1139, Reception No. 81 24247; thence leaving said Easterly right-of-way North 89 degrees 46' 54" East along the South line and extension thereof of said parcel, a distance of 1249.20 feet to the Westerly right-of-way of Gateway Street; thence along said Westerly right-of-way the following courses and distances: along the are of a 53.0 foot radius curve right (the chord of which bears South 15 degrees 55' 15" West a distance of 20.14 feet) a distance of 20.27 feet; thence along the are 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 39' 44" East a distance of 46.37 feet; thence South 04 degrees 57' 57" West a distance of 800.07 feet to the point of curvature of a 2904.93 foot radius curve left; thence along the are of said curve (the chord of which bears South 02 degrees 46' 21" West a distance of 222.48 feet) a distance of 222.53 feet; thence along the arc of a 53.0 foot radius curve right (the chord of which bears South 11 degrees 12' 04" West a distance of 19.54 feet) a distance of 19.66 feet; thence along the arc of a 127.0 foot radius curve left (the chord of which bears South 10 degrees 31' 53" West a distance of 49.75 feet) a distance of 50.07 feet; thence along the arc of a 2917.93 foot radius curve left (the chord of which bears South 02 degrees 3P 23" East a distance of 179.44 feet) a distance of 179.46 feet; thence South 17 degrees 30' 11" West a distance of 31.92 feet; thence South 05 degrees 43' 11" East a distance of 87.27 feet; thence South 39 degrees 45' 43" East a distance of 46.13 feet; thence along the arc of a 2904.93 foot radius curve left (the chord of which bears South 09 degrees 46' 48" East a distance of 248.05 feet) a distance of 248.12 feet; thence leaving the Westerly right-of-way of Gateway Street, South 68 degrees 40' 00" West a distance of 267.40 feet to the Point of Beginning, all in Lane County, Oregon. EXCEPT THEREFROM that portion conveyed to Dayton Hudson Corporation, a Minnesota corporation, by deed recorded March 13, 1990, 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 South 90 degrees 00' 00" West 365.85 feet; thence North 4 degrees 40' 00" East 598.65 feet to the point of beginning, in Lane County, Oregon. ALSO EXCEPTING THEREFROM that portion described in General Judgment recorded April 6, 2007, Reception No. 2007-022874, Official Records of Lane County, Oregon. ALSO EXCEPT THEREFROM that portion conveyed to City of Springfield for public road by Bargain and Sale Deed recorded October 9, 2008, Document No. 2008-056324, Lane County Records. ALSO EXCEPTING THEREFROM that portion described in Bargain and Sale Deed recorded March 8, 1990, Reception No. 90-11194, Official Records of Lane County, Oregon. (Tax Lot Numbers 17-03-22-00-02109, 17-03-22-00-02200, 17-03-22-00-02218, 17-03-22-00- 02219, 17-03-22-00-02300 and 17-03-22-00-02305) PARCEL V: Together with those rights and easements constituting rights in real property created defined and limited by that certain Construction, Operation and Reciprocal Easement Agreement by and between Gateway Mall Limited Partnership, a South Dakota limited partnership (Developer) and Dayton Hudson Corporation, a Minnesota corporation (Target), including the 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. EXHIBIT B EXCEPTIONS 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: June 23, 1926 Volume 148, Page 571, Lane County Records In favor of: Mountain States Power Company (now Pacific Power & Light Company) For: electric transmission lines and/or electric distribution system 4. Easement for canal contained in Water Contract between Eugene -Springfield Land and Water Company and Ira H. Calef, et al, including the terms and provisions thereof, Recorded: November 4, 1936 Volume 189, Page 24, Lane County Records The above easement was assigned by numerous documents, the last of which was Quitclaim Deed, Recorded: February 22, 1989 Document No.: 89-08203, Lane County Records To: Gateway Mall Limited Partnership 5. An easement created by instrument, including the terms and provisions thereof, Recorded: October 16, 1946 Document No.: 24684, Lane County Records Book 333, Page 637, Lane County Records In favor of: 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 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.: 82151, 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 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. 10. Utility easement created by instrument, including the terms and provisions thereof, Recorded: February 21, 1962 Document No.: 60269, Lane County Records In favor of: Pacific Power & Light Company For: electric transmission and distribution lines As and to the extent shown on the Survey. 11. Utility easement created by instrument, including the terms and provisions thereof, Recorded: February 21, 1962 Document No.: 60270, Lane County Records In favor of: Pacific Power & Light Company For: electric transmission and distribution lines As and to the extent shown on the Survey. 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 created by instrument, including the terms and provisions thereof, Recorded: September 24, 1976 Document No.: 76-50098, Lane County Records In favor of: City of Springfield For: sanitary sewer As and to the extent shown on the Survey. 15. An easement created by instrument, including the terms and provisions thereof, Recorded: September 24, 1976 Document No.: 76-50099, Lane County Records In favor of: City of Springfield For: sanitary sewer As and to the extent shown on the Survey. 16. Utility easement created by instrument, including the terms and provisions thereof, 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 Development Agreement with the City of Springfield, including the terms and provisions thereof, Recorded: October 21, 1988 Document No.: 88-44251, Lane County Records Amended by instrument, Recorded: February 11, 1998 Document No.: 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 1998 amendment) 18. A permit and easement created by instrument, including the terms and provisions thereof, Recorded: September 28, 1989 Document No.: 89-43900, Lane County Records In favor of: City of Eugene For: underground electric utility line As and to the extent shown on the Survey. 19. An easement created by instrument, including the terms and provisions thereof, Recorded: February 23, 1990 Document No.: 90-08986, Lane County Records In favor of: Rainbow Water and Fire District As and to the extent shown on the Survey. 20. An easement created by instrument, including the terms and provisions thereof, Recorded: March 8, 1990 Document No.: 90-11195, Lane County Records In favor of: City of Springfield As and to the extent shown on the Survey. 21. Construction, Operation and Reciprocal Easement by and between Gateway Mall Limited Partnership and Dayton Hudson Corporation, including the terms and provisions thereof, Recorded: March 13, 1990 Document No.: 90-11883, Lane County Records (Parcel II) First Amendment to Construction, Operation and Reciprocal Easement Agreement, including the terms and provisions thereof, Recorded: June 13, 2003 Document No.: 2003-053669, Lane County Records Second Amendment to Construction, Operation and Reciprocal Easement Agreement, including the terms and provisions thereof, Recorded: October 29, 2013 Document No.: 2013-056807 Third Amendment to Construction, Operation and Reciprocal Easement Agreement, including the terms and provisions thereof, Recorded: June 10, 2014 Document No.: 2014-021249, Lane County Records 22. Terms, provisions and conditions of easement, as contained in that certain Agreement dated March 13, 1990, by and between Gateway Mall Limited Partnership and Dayton Hudson Corporation, as disclosed by Memorandum, Recorded: March 13, 1990 Document No.: 90-11884, Lane County Records 23. Unrecorded lease, including the terms and provisions thereof, and such other matters, interest, or exceptions as may appear necessary upon examination of the original lease, Lessor: Gateway Mall Limited Partnership, a South Dakota Limited Partnership Lessee: Sears, Roebuck and Co., a New York corporation A memorandum of 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 and provisions thereof, a memorandum of which was, Dated: February 28, 1995 Recorded: April 11, 1995 Document No.: 95-19998, Lane County Records Between: 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, 1996 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. 29. Lease, including the terms and provisions thereof, a memorandum of which was, Dated: August 20, 1999 Recorded: September 7, 1999 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, including the terms and provisions thereof, Dated: April 17, 2001 Lessor: GGP-Gateway Mall, LLC, a Delaware limited liability company Lessee: RCI Realty, LLC, a Georgia limited liability company Disclosed by: Memorandum of Lease Recorded: March 1, 2002 Document No.: 2002-016301, Lane County Records Assignment of Rights in Lease, including the terms and provisions thereof, Dated: October 11, 2002 Recorded: October 30, 2002 Document No.: 2002-084778, Lane County Records Memorandum of Assignment of Lease, including the terms and provisions thereof, Dated: October 11, 2012 Recorded: October 16, 2012 Document No.: 2012-053095, Lane County Records To: 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 by instrument, including the terms and provisions thereof, Recorded: June 4, 2002 Document No.: 2002-042936, Lane County Records In favor of: City of Springfield, acting by and through its Springfield Utility Board For: electric distribution and telecommunication lines As and to the extent shown on the Survey. 33. Unrecorded lease, including the terms and provisions thereof, Dated: September 14, 1998 Lessor: GGP-Gateway Mall, L.L.C. formerly known as Gateway Mall Partners, a South Dakota general partnership Lessee: OCB Restaurant Co., a Minnesota corporation, as successor by merger to OCB Realty, Co. Disclosed by: Memorandum of Lease Recorded: June 13, 2003 Document No.: 2003-053841, 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 13, 2003 Document No.: 2003-053842, 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), including the terms and provisions thereof, Recorded: June 13, 2003 Document No.: 2003-053843, Lane County Records (affects only improvements owned by ORG5, LLC) 34. Memorandum of Affiliate Sublease, including the terms and provisions thereof, Dated: June 6, 2003 Recorded: June 13, 2003 Document No.: 2003-053847, Lane County Records Sublessor: ORG5, LLC, a Delaware limited liability company Sublessee: ORG Properties, LLC, a Delaware limited liability company (containing no purchase options, rights of first refusal or rights of first offer) 35. 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) 36. Memorandum of Lease, including the terms and provisions thereof, Dated: August 15, 2005 Recorded: November 15, 2005 Document No.: 2005-090944, Lane County Records Lessor: GGP-Gateway Mall, L.L.C., a Delaware limited liability company Lessee: 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: March 27, 2007 Circuit Court Case No.: 16 06 00281 Recorded: April 6, 2007 Document No.: 2007-022874, Lane County Records For: 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.: 2012-066081, 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, including the terms and provisions thereof, Dated: December 5, 2012 Recorded: December 27, 2012 Document No.: 2012-066273, Lane County Records Lessor: GGP-Gateway Mall L.L.C., a Delaware limited liability company Lessee: Wal-Mart Stores, Inc., a Delaware corporation (containing no purchase options, rights of first refusal or rights of first offer) 40. Memorandum of Lease, including the terms and provisions thereof, Dated: May 6, 2013 Recorded: May 17, 2013 Document No.: 2013-026684, Lane County Records Lessor: 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) 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.: 2014-006757, 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 Mail, 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 first 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, including the terms and provisions thereof, Dated: December 15, 2014 Recorded: March 13, 2015 Document No.: 2015-009799, Lane County Records Lessor: GGP-Gateway Mall, L.L.C., a Delaware limited liability company Lessee: 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- 08986, Lane County Records and into easement for utilities, recorded June 18, 1996, 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 HOMETOWN BUFFET INTERNATIONAL FITNESS MARSHALLS PETCO SUPPLIES & FISH ROSS DRESS FOR LESS CINEMARK APPLEBEE'S ASPEN DENTAL BIG 5 SPORTING GOODS BUFFALO WILD WINGS GRILL & BAR CARL'S JR. CH IPOTLE FIREHOUSE SUBS MENCHIE'S NOODLES & COMPANY ORIGINAL ROADHOUSE GRILL PANERA BREAD SLEEP TRAIN T-MOBILE WAL-MART DIAMOND WIRELESS GAMESTOP HARRY RITCHIE JEWELERS KAY JEWELERS MAURICES NAILS NOW NAILS UNCORKED OREGON SPORTS PAYLESS SHOESOURCE 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