~"[ J,." E" '"C' Commitment for Title Insurance ~~ FirstArrierican Title'" ISSUED BY First American Title Insurance Company Commitment First American Title Insurance Company, a Nebraska corporation ecompany"), for a valuable consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A. upon payment of the premiums and charges and compliance with the Requirements; all subject to the provisions of Schedules A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company_ All liability and obligation under this Commitment shall cease and terminate 180 days after the Effective Date orwhen the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue the policy or policies is not the fault of the Company_ The Company will provide a sample of the policy form upon request. In Witness Whereof, First American Title Insurance Company has caused its corporate name to be affixed by its duly authorized officers on the date shown in Schedule A. First American Title Insurance Company :A----v<,I,.L Dennis J. Gilmore President" Jeffrey S. Robinson secnifury (ThIs Commitment is valid only when Schedules A and B are attached) This Jacket was created electronically and constitutes an original document Copyright200G-2D09 Am lrican Land nue AssocIatlon.AII rights msclvod. The use oflhls form Is msbicted to ALTA licensees and ALTA members In good standing as of the date of use. All other uses are prohibited. Reprinted under Hcense from the American land litle Association. Fonn 5011620 (7-1-14) Page 1 of2 ALTA Commibnent for Title Insurance (6-17-06) Kansas
CONDITIONS 1. The term mortgage; when used herein. shall include deed of trust. trust deed. or other security instrument. 2. If the proposed Insured has or acquired actual knowledge of any defect. lien. encumbrance. adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those,shown in Schedule B hereof. and shall fail to disclose such knowledge to the Company in writing. the Company shall be relieved from liability for any loss or d13mage resulting from any act of reliance hereon to the extent the Company is prejudiced byfailure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company. or if the Company otherwise acquires actual knowledge of 'any such defect. lien, encumbrange. adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage'thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies com m itted for, and such liability is subject to the insuring provisions and Conditions and the Exclusions from Coverage of the form of policy or.,'policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. " 4. This Commitment is'a contract to issue one or more title insurance policies and is not an abstract of title or a report of the 'condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5. The policy to be issued, contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at <http://www.alta.org!>.this PARAGRAPH DOES NOT APPLY IN STATE OF KANSAS. ' ' " Form 5011620 (7-1-14) Page 20f 2', ALTA Commitment forntle Insurance (6-17-06) Kansas
issued by: DOlliphall Coullty Abstract & Iitle Co. 106 S. M aill St., P.O. box 398 Troy, KS 66087/785985-3631 COlllmitmellt No.20J 50163 Name and Address of Title Insurance Company: First American Title Insurance Company 1 First American Way, PO. Box 267 SlInta Ana, Cn 92707 SCHEDULE A 1. Effective Date: June 17,2015@7:00A.M. 2. Policy or Policies to be issued: a. ALTA Owner's Policy (6-17-06) Policy Amount: $ Proposed Insured: b. ALTA Loan Policy (6-17-06) $3,000,000.00 Insuring Leasehold: Proposed Insured: Security Bank of Kansas City, it successors or assigns as defined in paragraph I 3. The estate or interest in the land described or referred to in this Commitment is Fee Simple. 4. Title to the Fee Simple estate or interest in the land is at the Effective Date vested in: Parcel I: Atchison County Parcel 2: Trustees of Atchison County Community Higb School Parcels 3-5 Unified School District #377 5. The land referred to in this Commitment is described as follows: Parcel 1: Blocks No. One (1) and Two (2), Town of Effingham and the vacated Elizabeth Street between Blocks 1 and 2, and the alley running North and South thru Block 2. Parcel 2: 12.44 acres, more or less located in the West one-half (W %) of the Southeast Quarter (SE]I,) of Section Fifteen (15), Township Six (6), Range Eighteen (18), described as follows: Beginning at a point 804.63 feet South of the center of said Section 15, Township 6, Range 18; thence East 897.60 feet to the West line of the WestThirty (3~) acres of the Southeast Quarter of Section 15, Township 6, Range 18 lying North of the right-of-way of the Missouri Pacific Railroad Right-of-way; thence South to the North line of said Missouri Pacific Railroad Right-of-way to the West line of said Southeast Quarter (SE]I,) of said Section 15, thence North on said West line of said quarter 796 feet more or less to the point of beginning, Except the West 20 feet taken or used for road purposes. Parcel 3: The South One-half of the right-of-way of the Old Central Branch Union Pacific Railroad, aka Missouri Pacific Railroad, adjoining the North side of the following described property: Beginning Fifty feet (50') South of the Center of Railroad Track where it crosses the West line of the Southeast Quarter (SE 1/4) of Section Fifteen (15), Township Six (6), Range Eighteen (18); thence South along said line Two hundred Sixty feet (260'), thence West Two Hundred Thirty Eight feet (238') to Southeast corner of Hoben Harris Lot in Block Fourteen (14), Effingham, thence North One hundred Fifty-six (156') feet to the North Line of said block, thence Northeast along the North line of said block to place of beginning. Parcel 4: 2006 ALTA Commitment Fonn - Schedule A Page I
Issueti by: Doniphall County Abstract & Title Co. 206 S. Maill SI., P.O. box 398 Troy, Ks 66087! 785985-3632 Commitmellt No. colttillueti20150163 The South One-half of the Old Central Branch Union Pacific Railroad, aka Missouri Pacific Railroad, adjoining the North side of Lot One (1), in Block Fourteen (14), in the City of Effingham. ParcelS: A tract of land (vacated Union Pacific Railroad Property) lying North of Block Fourteen (14), original town plat of Effingham, Kansas described as follows: Beginning at the Northeast corner of said Block Fourteen (14), also being a point on the East line of the Southwest Quarter (SW 1/4) of Section Fifteen (15), Township Six (6) South, Range Eighteen (18) East of the 6th P.M. thence Southwesterly along the North line of said Block Fourteen (14) a distance of 418.24 feet to the East right-of-way line of Elizabeth Street; thence North along said East right-of-way line a distance of 140.97 feet; thence Northeasterly parallel to the North line of said Block Fourteen (14), a distance of 418.58 feet to a point on the Eastline of said Southwest Quarter (SW 1/4); thence South along said East line a distance of 141.10 feet to the point of beginning. All in Atchison County, Kansas. 2006 ALTA Commitment Fonn - Schedule B Page 2
issued by: DOlliphall County Abstract & Title Co. 206 S. Mail! SI., RO. box 398 Troy, Ks 66087 /785985-3632 Commitmellt No. COlltilluetl20.150.163 Name alld Address a/title insurance Company: First American Title Insurance Company 1 First American Way, PO. Box 267 Santa Ann, Ca 92707 SCHEDULEB 1. Requirements: A: Pay the agreed amount for the interest in the Land and/or the Mortgage to be insured B. Pay Agent the Premium, fees and charges for the policy C. You must tell us in writing the name of anyone not referred to in this commitment who will get an interest in the Land or who will make a loan on the Land. We may then make additional requirements or exceptions. D. All documents satisfactory to us creating the interest in the Land and/or Mortgage to be insured must be signed, delivered and recorded. A. Instruments in insurable form which must be executed, delivered and duly filed for record:+-- I. Documents/Court Proceedings must be placed of record evincing that title to Parcel I is vested in Unified School District #377, Atchison County, Kansas. The last document in the chain of title to parcell is a deed dated March 27, 1889, filed March 28, 1889, and recorded in Book 90 at page 315 of the Records in the Office of Register of Deeds of Atchison County, Kansas, vesting title thereto in "Atchison County, of the County of Atchison and State of Kansas. 2. Documents/Court Proceedings must be placed of record evincing that title to Parcel 2 is vested in Unified School District #377, Atchison County, Kansas. The last document in the chain of title to parcel 2 is a deed dated January 20, 1962, filed January 29,1962 @ 9:15 A.M. In Volume 315, Page 576, of the Records in the Office of Register of Deeds of Atchison County, Kansas, vesting title thereto in "Trustee of Atchison County Commurtity High School" Atchison County, Kansas. 3. Legally sufficient and properly executed Lease Agreement between Security Bank of Kansas City and Unified School District No. 377, Atchison County, Kansas, (Atchison County Community Schools) should be obtained and placed in agent file. All parcels 4. Instrument/document needed to delineate of amounts allocated to real and personal property, should be obtained, leasehold loan policy covers only that amount attributed to real property, should be obtained and placed in agents file. 4. Legally sufficient and properly executed Mortgage from Unified School District No. 377, Atchison County. Kansas, in favor of Security Bank of Kansas City, it successors or assigns, to secured indebtedness in the original principal amount of $3,000,000.00, should be obtained and placed of record in the Office of the Register of Deeds of Atchison County, Kansas. All parcels 5. UPON REVIEW OF THE ABOVE DOCUMENTS, AGENT RESERVES THE RIGHT TO MAKE FURTHER REQUIREMENTS IF DEEMED NECESSARY. Agent reserves the right to mal{e additional requirement, if necessary Kansas Real Estate Sales Validation Questionnaire Must Accompany Documents to be Recorded I f Mortgage Registration Tax is due it must accompany instrument being filed for Record. If the closing for said real estate is to be conducted by Doniphan County Abstract and Title Company, we require all monies due ftom the purchase to be in tile form of Cashier's Check, certified check or wire transfer to our 2006 ALTA Commitment Fonn - Schedule B Page 3
Issued by: DOlliphan COllllty Abstract & Title Co. 106 S. Maill St., P.O. box 398 Troy,Ks 66087 /785985-3632 Commitment No. continlled20150163 escrow account in the name of Reeder and Boeh Chartered Escrow Account. If the sale proceeds or any "Payoffs" pursuant to the closing require "Good Funds" then all monies received by us for such must be bank or wire transfer. The above applies to all closings unless other specific arrangements are made due to wide variances in Banking procedures and lack of control over funds "On The Wire", we cannot accept financial responsibility for Delays in the clearing of Funds. Any tax proration adjustment necessary due a change in the levy rate or any reassessment of value of the premises in question is the sale responsibility of the owner and not the responsibility of The Doniphan County Abstract and Title Company for the adjustment or payment. The amounts shown are the last tax figures of the taxing authorities/agencies and may be amended by such agencies at any time. Please read the exceptions and terms shown referred to herein carefully, they are meant to provide you with notice of matters which not covered under the terms of the Title Insurance Policy and should be considered. Be aware that, it if is necessary for this company to attach a cover sheet or the exhibit page to a document in order to confirm that document for recording requirements, the recorder will assess an additional $4.00 recoding charge for that added pages. You must writing the name of anyone not referred to in this commitment who will get an interest in the land or who will make a loan on the land. We may make additional requirements or exceptions relating to the interest or the loan. n. Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company: A. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the Effective Date but prior to the date the proposed Insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. B. General Exceptions: 1. Any lien, or right to lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by Public Records. 2. Any encroachment, encumbrance, violation, variation or adverse circumstances affecting Title that would be disclosed by an accurate and complete survey of the Land or that could be ascertained by an inspection of the Land. 3. Easements, or claims of easements, not shown by the Public Records. 4. Right or claims of parties in possession not shown by the Public Records. 5. Taxes, or special assessments, ifany, not shown as existing liens by the Public Records. C. Special Exceptions: I. General taxes and special assessments for the year 2014 are Exempt. Taxpayer ID NO. EF00060, Parcel 075-15-0-30-35-001.000. 2. Ordinances ofthe City of Effmgham, Kansas. 3. Right of Way Easement, over and across a tract of land, of which subject property is a part, described as follows: beginning at a point on the South property line approximately 20 feet East of the West property line and proceeding in a northerly direction parallel to the West property line to the North property line a distance of 846 feet, from Ernest and 2006 ALTA Commitment Ponn - Schedule B Puge 4
Issued by: Commitmellt No. colltilllled20150j 63 DOlliphall Coullty Abstract & Title Co. 206 S. Main St., P.O. box 398 Troy, Ks 66087! 785 985-3632 Janice Adcock to Kansas Power and Light Company, dated December 16, 1976, recorded January 24, 1977, in Book 371, Page 165. 4. Terms and provisions of the Agreement between the Trustees of Atchison County Community High School and Ernest Adcock, etux, to establish a fence line between the property owned by Atchison County Community High School and Ernest Adcock, etux (former owner of subject property) dated December 11, 1962, recorded December 22, 1962, in Book 331, Page 80. (USD #377 has acquired the abutting property.) 5. Easement from Lee R. Cashman to The City of Effingham, dated July 13, 1961, recorded August 4, 1961 in Book 325, Page 59, for the purpose of laying, maintaining, servicing, moving and removing gas pipe lines over the 10ft. either side of a line beginning at a point 135 ft. east of the Southwest corner of Block 1, City of Effingham, running Northwest to a point 50 ft. East of the Northwest corner of Block 1, City of Effingham. 6. Ordinance No. 276 from the City of Effingham, Kansas, dated February 6, 1962, recorded June 7, 1962 in Book 325, Page 443, annexing the following described tract into the City of Effingham: A tract of land located in the Southeast Quarter of Section Fifteen (15), Township Six (6), Range Eighteen (18),described as follows: Commencing at the point of intersection of the North and South Half Section line of said Section Fifteen (15) and the North line of the Missouri Pacific Railroad Right of Way, thence North 796 feet; thence East 904 feet, thence South 403 feet to the North line of said Railroad Right of Way; thence Southwesterly along said Right of Way line 985.73 feet to place of beginning. 2006 ALTA Commitment Form - Schedule B Page 5
TROY, KANSAS June 29, 2015 Kutak Rock LLP 8601 N Scottsdale Road, Scottsdale, AZ 8253 Re: USD #377 Atchison, Kansas Attn: Chris Dodd In Account Willi Doniphan County Abstract Company P.O. Box 398, 206 South Main Street PH. 785-985-3632 FAX 785-985-3921 TROY, KANSAS 66087 ABSTRACTS OF TITLE TITLE SEARCHES TITLE INSURANCE Open Commitment, search, reimbursement for copies, plats etc obtained, in connection with bonds and loan Unified School District #377 and Security Bank of Kansas, City, its $975.00