SCHEDULE A 1. Commitment Date: 2. Policy or Policies to be issued: Amount of Insurance (a) ALTA Owner s Policy (6-17-06) $1,038,700.00 Proposed Insured: Boxley Materials Company (b) $ Proposed Insured: 3. The Fee Simple interest in the land described in this Commitment is owned, at the Commitment Date, by Boxley Materials Company 4. The land referred to in the Commitment is described as follows: See continuation of Schedule A for legal description Countersigned: Professional Title Associates 3130 Chaparral Drive Suite B-100 Roanoke, VA 24018 By: Authorized Signatory ALTA Plain Language Commitment Schedule A-06
SCHEDULE A CONTINUED LEGAL DESCRIPTION AUCTION TRACT 1: BEING all that certain tract or parcel of land containing 9.914 Acres and being designated as Tract 1, on Plat Corporation, dated January 24, 2017, recorded in the Clerk s Office of the Circuit Court for the County of Botetourt, Virginia, in Plat Book, page. AUCTION TRACT 2: Located in the County of Botetourt and the County of Bedford, State of Virginia: BEING all that certain tract or parcel of land containing 67.534 Acres and being designated as Tract 2, on Plat the County of Botetourt, Virginia, in Plat Book, page and in the recorded in the Clerk s Office of the Circuit Court for the County of Bedford, Virginia, in Plat Book, page. AUCTION TRACT 3: BEING all that certain tract or parcel of land containing 37.494 Acres and being designated as Tract 3, on Plat AUCTION TRACT 4: BEING all that certain tract or parcel of land containing 1.261 Acres and being designated as Tract 4, on Plat Corporation, dated January 23, 2017, and revised, 2017, recorded in the Clerk s Office of the Circuit Court for AUCTION TRACT 5: BEING all that certain tract or parcel of land containing 16.052 Acres and being designated as Tract 5, on Plat AUCTION TRACT 6: BEING all that certain tract or parcel of land containing 25.124 Acres and being designated as Tract 6, on Plat AUCTION TRACT 7: Located in the County of Botetourt and the County of Bedford, State of Virginia: BEING all that certain tract or parcel of land containing 114.858 Acres and being designated as Tract 7, on Plat the County of Botetourt, Virginia, in Plat Book, page and in the recorded in the Clerk s Office of the Circuit Court for the County of Bedford, Virginia, in Plat Book, page. ALTA Plain Language Commitment Schedule A-06 Continued
SCHEDULE A CONTINUED AUCTION TRACT 8: BEING all that certain tract or parcel of land containing 11.463 Acres and being designated as Tract 8, on Plat TOGETHER WITH an easement 60 feet in width for utilities as reserved on the above referenced plat and set out in instrument dated, recorded as Instrument No., in the aforesaid Clerk s Office. LESS AND EXCEPT that portion of the Land set out as Well Lot conveyed to by instrument dated, recorded in the aforesaid Clerk s Office as Instrument No.. AUCTION TRACT 9: Located in the County of Botetourt and the County of Bedford, State of Virginia: BEING all that certain tract or parcel of land containing 130.835 Acres and being designated as Tract 9, on Plat the County of Botetourt, Virginia, in Plat Book, page and in the recorded in the Clerk s Office of the Circuit Court for the County of Bedford, Virginia, in Plat Book, page. TOGETHER WITH an easement of variable width (minimum 40 feet in width) over Tract 7 for utilities as reserved on the above referenced plat and set out in instrument dated, recorded as Instrument No., in the aforesaid Clerk s Office. ALTA Plain Language Commitment Schedule A-06 Continued
SCHEDULE B I Title No. PRO-17-3028W REQUIREMENTS The following requirements must be met: 1. Pay the agreed amounts for the interest in the land and/or the mortgage to be insured. 2. Pay us the premiums, fees and charges for the policy. 3. Documents satisfactory to us creating the interest in the land and/or the mortgage to be insured must be signed, delivered and recorded. a. Duly authorized Deed from Boxley Materials Company to Boxley Materials Company. and Receipt and approval of Good Standing Certificate and corporate resolutions authorizing the transaction for Boxley Materials Company. 4. 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. 5. Receipt of satisfactory executed "Owners (sellers) Affidavit as to Mechanics Liens and Possession." 6. Receipt by the Company of satisfactory Notice of Availability of Owner s Coverage. 7. Receipt of newly created description that adequately defines, describes and locates the Land to be insured AND this description must be used in the document(s) creating the estate or interest to be insured, subject to approval by this Company. 8. Receipt of description that adequately defines, describes and locates the easements(s) to be conveyed as appurtenant to the Land, if any, AND this description MUST BE USED in the document(s) create the estate to be insured. 9. Recordation of plats of survey prepared by, dated and receipt by the Company of amended description making reference to this plat. NOTE: Amended description must be used in the document to be insured. 10. No recorded deed of trust or mortgage on the Land was found in a search of the land records. Accordingly, the Company requires receipt of an Affidavit from record owner addressed to the Company, stating that there are no recorded or unrecorded deed(s) of trust, personal notes and/or obligations on the above real estate intended by the mortgagee, lender or noteholder to be paid with closing proceeds. NOTE: THIS COMPANY MAY TAKE OTHER REQUIREMENTS AND/OR EXCEPTIONS UPON RECEIPT AND REVIEW OF THE ABOVE-LISTED DOCUMENTS. ALTA Plain Language Commitment Schedule BI-06 Continued
SCHEDULE B II Title No. PRO-17-3028W EXCEPTIONS Any policy we issue will have the following exceptions unless they are taken care of to our satisfaction. 1. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires for value of record the estate or interest or mortgage thereon covered by this commitment. 2. Those taxes becoming due and payable subsequent to the date of the policy. 3. Easement granted from Blue Ridge Stone Corporation to Commonwealth of Virginia by instrument dated April 5, 1941 recorded on April 19, 1941 in Deed Book 92. Page 153. (Botetourt County) 4. Terms and Conditions of operation for New Quarry Tract Buffer Zone within Botetourt County between Blue Ridge Stone Corporation, a Virginia corporation, and Loretta Eggers Blessard and Douglas Watson Blessard, her husband, for and on behalf of themselves and the owners of all lots within that certain subdivision lying primarily in Botetourt County, Virginia, and being known as Sections Numbers 1, 2, 3, 4 and 5, Blue Ridge Heights Subdivision, Owners by instrument dated April 20, 1967 recorded on July 24, 1967 in Deed Book 178, Page 337. (Botetourt County) 5. Easement granted from Blue Ridge Stone Corporation, a Virginia corporation, to Robert J. Williamson and Lois M. Williamson, husband and wife by instrument dated November 3, 1999 recorded on December 6, 1999 in Deed Book 577, Page 1893. (Botetourt County) 6. Easement granted from Blue Ridge Stone Corporation, a Virginia corporation, to Jerry Edward Ferrris and Tammy Crawford Ferris, husband and wife, by instrument dated October 23, 1999 recorded on November 20, 1999 in Deed Book 577, Page 1260. (Botetourt County) 7. Easement granted from Blue Ridge Stone Corporation, a Virginia corporation, to David Lee Allen by instrument dated October 23, 1999 recorded on November 29, 1999 in Deed Book 577, Page 1258. (Botetourt County) 8. Easement granted from Blue Ridge Stone Corporation, a Virginia corporation, to Vincent R. Henry and Gloria Henry, husband and wife, by instrument dated October 23, 1999 recorded on November 29, 1999 in Deed Book 577, Page 1254. (Botetourt County 9. Easement granted from W. A. Agee and Mary L. Agee to Appalachian Power Company by instrument dated April 12, 1948 recorded on July 15, 1949 in Deed Book 227, Page 67. (Bedford County) 10. Terms and conditions of Final Order dated November 17, 1978, recorded in Deed Book 473, Page 520 and Plat Book 21, Page 6. (Bedford County) 11. Rights of the railroad company servicing the railroad siding located to the west of the Land and to the ties, rails and other properties constituting said railroad siding or in and to the use thereof. 12. Property is subject to land use roll back taxes. AS TO TAX MAP NO. 85-A-27, BEDFORD COUNTY 13. Title to that portion of Auction Tract 1 lying within the bounds of Hastings Lane (Rt. 805). 14. Rights of others in and to the use of those portions of Auction Tract 1 lying within the bounds of any existing roads. ALTA Plain Language Commitment Schedule BII-06 Continued
SCHEDULE B PART II CONTINUED 15. The following matters as shown on plat recorded in Plat Book, page (Botetourt County) and Plat Book, page (Bedford County): a. Overhead utility lines crossing the Land. b. End State Maintenance marker for Hastings Lane (Rt. 805) located upon Auction Tract 1. c. Creeks, branches, springs and streams located upon the Land. d. Old bridge foundation lying on or near the southwesterly corner of Auction Tract 1. e. Reservation of easement 40 feet in width for public utilities along Healing Springs Road. f. Old road bed lying between Auctions Tracts 2 and 3. g. Fences do not coincide with the property lines. h. Old road scars located upon the Land. 16. Reservation of easement 40 feet in width for public utilities along Healing Springs Road and overhead utility lines crossing the Land as shown on plat dated January 23, 2017, recorded in Plat Book, page (Botetourt County) as to Auction Tract 4. 17. Terms and conditions of unrecorded mineral lease with General Shale as to Auction Tracts 2, 6 and 7. 18. Rights of others in and to the use of the easement(s) conveyed as appurtenant to the Land. 19. Reservation of easements as set out in instruments recorded as Instrument Nos.. 20. Rights of others in and to the use of that portion of the Land lying within the bounds of Stepping Stone Road. Auction Tract 7 21. Lack of right of access as to Auction Tract 8. ALTA Plain Language Commitment Schedule BII-06 Continued