FIDELITY NATIONAL TITLE INSURANCE COMPANY COMMITMENT FOR TITLE INSURANCE SCHEDULE A Revision 6 Commitment Number: F232851 1. Effective date: August 21, 1013 at 07:30 AM 2. Policy or Policies to be issued: Policy Amount Premium (A) Owner's Policy (ALTA Owner's Policy (2006)) $ 975,000.00 $ 2,683.00 Proposed Insured: Clarke D. Carlson (B) Loan Policy Proposed Insured: Tax Certificate (7) 015713032018, 19, 20 and 015713032801, 02, 03 and $ 126.00 04 Delete 1-3 (Commercial) $ 60.00 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: Clarke D. Carlson 5. The land referred to in this Commitment is described as follows: TOTAL: $ 2,869.00 Tracts 2 through 8, inclusive, Country Hills Office Campus, together with vacated Ash Circle adjacent and as shown in Ordinance No. 3090, recorded February 17, 2009 at Reception No. 2009000010490,City of Thornton, County of Adams, State of Colorado. ALTA Commitment - 2006 (Schedule A)
FIDELITY NATIONAL TITLE INSURANCE COMPANY SCHEDULE B - SECTION I REQUIREMENTS Commitment Number: F232851 A. Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or the interest to be insured. B. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record in the office of the clerk and recorder of the county in which said property is located. C. The Company will require the following documents for review prior to the issuance of any title insurance predicated upon a conveyance or encumbrance from the entity named below: Limited Liability Company: Country Hills Office Park, LLC, a Colorado limited liability company a) A copy of its operating agreement, if any, and any and all amendments, supplements and/or modifications thereto, certified by the appropriate manager or member b) If a domestic Limited Liability Company, a copy of its Articles of Organization and all amendments thereto with the appropriate filing stamps c) If the Limited Liability Company is member-managed, a full and complete current list of members certified by the appropriate manager or member d) If the Limited Liability Company was formed in a foreign jurisdiction, evidence, satisfactory to the Company, that it was validly formed, is in good standing and authorized to do business in the state of origin e) If less than all members, or managers, as appropriate, will be executing the closing documents, furnish evidence of the authority of those signing. The Company reserves the right to add additional items or make further requirements after review of the requested documentation. D. Recordation of Statement of Authority for Country Hills Office Park, LLC, a Colorado limited liability company pursuant to Colorado Revised Statutes evidencing the existence of the entity and authority of the person(s) authorized to execute and deliver instruments affecting title to real property on behalf of the entity and containing other information required by Colorado Revised Statutes. E. The Company will require that an Owner s Affidavit be completed by the party(s) named below before the issuance of any policy of title insurance. Party(s): Country Hills Office Park, LLC, a Colorado limited liability company The Company reserves the right to add additional items or make further requirements after review of the requested Affidavit. F. Deed sufficient to convey the fee simple estate or interest in the Land described or referred to herein, to the Proposed Insured Purchaser. (satisifed) ALTA Commitment - 2006 (Schedule B - 1)
SCHEDULE B - SECTION I REQUIREMENTS If the parties to the subject transaction request the Company to provide escrow-settlement and disbursement services to facilitate the closing of the transaction, then all funds submitted for disbursement must be available for immediate withdrawal. Further, if the deletion of exception No. 5 is requested, the Company must provide escrow settlement and disbursement services. Recording Statutes require that all documents submitted for recording must contain a one inch margin along the top and a one-half inch margin along the sides and bottom of each page. The county clerk and recorder may reject any document that does not comply. Note: Effective August 1, 2004, most counties have indicated that they will start enforcing the above margin requirements and will reject any documents that do not comply. Recording Statutes require that all documents submitted for recording must contain a return address on the front page of every document being recorded. NOTE: A notation of the legal address of the purchasers, (not necessarily the same as the property address) must be included on the face of the deed to be recorded, pursuant to Colorado Revised Statutes. NOTE: A real property transfer declaration must accompany any conveyance document presented for recordation in the State of Colorado. Said declaration shall be completed and signed by either the grantor or grantee. G. Furnish for recordation a full release of deed of trust: Amount: $1,500,000.00 Trustor/Grantor: Country Hills Office Park, LLC, a Colorado limited liability company Trustee: Public Trustee of Adams County Beneficiary: Commercial Federal Bank, a federal savings bank Loan No.: Not Shown Recording Date: August 5, 2003 Recording No: Reception No. C1187066 NOTE: Assignment of Rents recorded August 5, 2003 at Reception No. C1187067; Notice of Disbursement recorded August 5, 2003 at Reception No. C1187068; Correction and Ratification of Deed of Trust recorded February 18, 2005 at Recepiton No. 20050218000167190; Modification recorded Decemer 7, 2005 at Reception No. 1343820 and Assignment June 18, 2012 at Reception No. 43774 H. Furnish for recordation a termination statement terminating the financing statement described below Debtor: Country Hills Office Park, LLC Secured Party: Commercial Federal Bank Recording Date: August 5, 2003 Recording No: Reception No. C1187069 I. Intentionally omitted. ALTA Commitment - 2006 (Schedule B - 1)
SCHEDULE B - SECTION I REQUIREMENTS J. Dismiss the pending court action with prejudice referred to below and furnish for recordation a release of the Lis Pendens: Court: District Case No: 09CV1125 County: Adams Plaintiff: MCG Architects, Inc. d/b/a/ MCG Architecture Defendant: Country Hills Office Park, LLC, a Colorado limited liability company Lis Pendens Recording Date: June 19, 2009 Lis Pendens Recording No: Reception No. 2009000044742 K. The Company will require an ALTA/ACSM LAND TITLE SURVEY. If the owner of the Land the subject of this transaction is in possession of a current ALTA/ACSM LAND TITLE SURVEY, the Company will require that said survey be submitted for review and approval; otherwise, a new survey, satisfactory to the Company, must be prepared by a licensed land surveyor and supplied to the Company prior to the close of escrow. The Company reserves the right to add additional items or make further requirements after review of the requested documentation. END OF SCHEDULE B - SECTION I ALTA Commitment - 2006 (Schedule B - 1)
FIDELITY NATIONAL TITLE INSURANCE COMPANY SCHEDULE B - SECTION II EXCEPTIONS Commitment Number: F232851 This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of: 1. Any Facts, rights, interest, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 2. Easements, liens or encumbrances, or claims thereof, not shown by the Public Record 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the Public Records or attaching to the subsequent effective date hereof but prior to the date the proposed Insured acquires of record for value the estate or interest or mortgage thereon covered by the Commitment. 6. (a) Taxes or assessments that 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; (b) proceedings by a public agency that 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. 7. Any existing leases or tenancies, and any and all parties claiming by, through or under said lessees. 8. Any water rights or claims or title to water, in, on or under the land. 9. Easements, notes and conditions set forth on the recorded Plat of Country Hills Subdivision Filing No. 2. 10. Terms, conditions, provisions, agreements and obligations contained in the Utility Extension Policy Contract as set forth below: Recording Date: March 1, 1971 Recording No.: Book 1671, Page 202 NOTE: Assignments recorded August 25, 1975 in Book 2013, Page 299 and May 16, 1977 in Book 2142, Page 959 11. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Public Service Company of Colorado Purpose: utilities and incidental purposes Recording Date: March 13, 1985 Recording No: Book 2977, Page 83 ALTA Commitment - 2006 (Schedule B - 2)
SCHEDULE B - SECTION II EXCEPTIONS 12. Covenants, conditions, restrictions and lien rights but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, source of income, gender, gender identity, gender expression, medical condition or genetic information, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth in the document Recording Date: June 6, 1986 Recording No: Book 3154, Page 743 NOTE: Amendments recorded December 30, 1986, Book 32652, Page 820 and 838; May 31, 988 in Book 3451, Page 734; September 24, 1996 in Book 4843, Page 437 and March 27, 2009 at Reception No. 21561 13. Terms, conditions, provisions, agreements and obligations contained in the Developer's Agreement as set forth below: Recording Date: December 10, 1986 Recording No.: Book 3244, Page 36 NOTE: Amendment recorded April 28, 1992 in Book 3896, Page 519 14. The effect of PUD recorded December 10, 1986 at Reception No. B701819. 15. Terms, conditions, provisions, agreements and obligations contained in the Agreement as set forth below: Recording Date: October 15, 1987 Recording No.: Book 3378, Page 295 16. Any tax, lien, fee, or assessment by reason of inclusion of the Land in the Special Improvement District, as evidenced by instrument(s) recorded November 25, 1987 at Book 3392, Page 716. 17. Terms, conditions, provisions, agreements and obligations contained in the Developer's Agreement as set forth below: Recording Date: May 14, 1998 Recording No.: Book 5333, Page 439 18. Easements, notes, restriction and conditions as set forth on the recorded plat of Country Hills Office Campus. 19. "Intentionally omitted." 20. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Larnell LLC Purpose: Recording Date: April 13, 2006 Recording No: Reception No. 378670 21. Terms, conditions, provisions, agreements and obligations contained in the Ordinance 3090 (utility and access easements to be granted) as set forth below: Recording Date: February 17, 2009 Recording No.: Reception No. 2009000010490 ALTA Commitment - 2006 (Schedule B - 2)
SCHEDULE B - SECTION II EXCEPTIONS END OF SCHEDULE B - SECTION II ALTA Commitment - 2006 (Schedule B - 2)