alta commitment for title insurance€¦ · fee simple 4. the title is, at the commitment date,...

ALTA COMMITMENT FOR TITLE INSURANCE

Commitment Number:Issued By:

5245-2002185

This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without theNotice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions; and acounter-signature by the Company or its issuing agent that may be in electronic form.

Copyright American Land Title Association. All rights reserved.

The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing asof the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.ALTA Commitment for Title Insurance (08/01/2016) Printed: 12.08.20 @ 05:22 PM

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NOTICEIMPORTANT - READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLEINSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THECONTENT 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 BYTHE 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 INSUREDIDENTIFIED 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 ANYOTHER PERSON.

COMMITMENT TO ISSUE POLICYSubject to the Notice; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions; and the Commitment Conditions,Chicago Title Insurance Company, a Florida corporation (the "Company"), commits to issue the Policy according to theterms and provisions of this Commitment. This Commitment is effective as of the Commitment Date shown in Schedule Afor each Policy described in Schedule A, only when the Company has entered in Schedule A both the specified dollaramount as the Proposed Policy Amount and the name of the Proposed Insured.If all of the Schedule B, Part I-Requirements have not been met within one hundred eighty (180) days after theCommitment Date, this Commitment terminates and the Company’s liability and obligation end.

Chicago Title Insurance CompanyBy:

Countersigned By:

Authorized Officer or Agent

PresidentAttest:

Secretary




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CHICAGO TITLE INSURANCE COMPANY COMMITMENT NO. 5245-2002185Transaction Identification Data for reference only:

ORIGINATING OFFICE: FOR SETTLEMENT INQUIRIES, CONTACT:Chicago Title Company

6901 N. Knoxville Ave., Suite 102Peoria, IL 61614

Main Phone: (309)692-2854Email: [email protected]

Chicago Title and Trust Company6901 N. Knoxville Ave., Suite 102

Peoria, IL 61614Main Phone: (309)692-2854 Main Fax: (309)692-4876

Order Number: 5245-2002185Property Ref.: 119.76 acres, Peoria, IL 61655

79 acres, Peoria, IL 6165582.91 acres, Peoria, IL 6165539.5 acres, Peoria, IL 6165579 acres, Peoria, IL 6165554.5 acres, La Prairie Township, IL 61655Easement, IL 61655

SCHEDULE A

1. Commitment Date: September 28, 2020

2. Policy to be issued:

(a) ALTA Owner's Policy 2006Proposed Insured: Purchaser with contractual rights under a purchase agreement with the vested owner

identified at Item 4 belowProposed Policy Amount: $10,000.00

(b) ALTA Loan Policy 2006Proposed Insured: Lender with a contractual obligation under a loan agreement with the Proposed

Insured for an Owner’s PolicyProposed Policy Amount: $10,000.00

3. The estate or interest in the Land described or referred to in this Commitment is:

Fee Simple

4. The Title is, at the Commitment Date, vested in:

Estate of Kathleen G. Marshall, deceased as to Parcel 1

The Successor Trustee, Successor to Kathleen Gertrude Marshall, as Trustee under the Last Will and Testamentof Paul Samuel Marshall, deceased, as to Parcels 1,2, and 3

Tater Hill Acres, LLC, as to Parcels 5, 6 and 7

Neil E. Vonk and Nancy C. Kaelin, as tenants in common, as to Parcel 8, Tract I

Nancy C. Kaelin, as to Parcel 8, Tract II

CHICAGO TITLE INSURANCE COMPANY COMMITMENT NO. 5245-2002185

SCHEDULE A(continued)




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5. The Land is described as follows:

For APN/Parcel ID(s): 04-01-300-001, 04-01-400-004 and 04-01-400-006 part

PARCEL 1:All of the N½ of the SW¼ of Section 1 and also a part of the SE¼ of Section 1, all in T11N, R8E of the 4thP.M., Peoria County, Illinois. More particularly bounded and described as follows and bearings are for thepurpose of description only:--

Beginning at an iron rod at the Northwest Corner of the SW¼ of said Section 1; ThenceS 89°25'44" E, along the North line of said SW¼ and continuing along the North line of said SE¼, adistance of 3929.32 feet to the West line of a 2.424 acre tract; ThenceS 00°10'18" E, a distance of 296.94 feet; Thence S 03°48'12" W, a distance of 403.03 feet; Thence S20°51'11" W, a distance of 99.00 feet; Thence S 30°22'53" W, a distance of 398.73 feet to the Southwestcorner of said 2.424 acre tract and also being on the center of North Hampton Road. The last four (4)named courses being along the West line of said tract; Thence S 54°08'56" W, a distance of 252.37 feet;Thence S 59°01'42" W, a distance of 239.84 feet; Thence S 62°12'31" W, a distance of 158.28 feet;ThenceS 73°21'45" W, a distance of 189.18 feet; Thence S 64°13'52" W, a distance of 104.32 feet; Thence S29°28'44" W, a distance of 109.93 feet; Thence S 06°16'30" E, a distance of 80.39 feet; Thence S11°31'41" E, a distance of 221.04 feet; Thence S 00°40'30" W, a distance of 51.35 feet. The last nine (9)named courses being along the approximate center of said North Hampton Road; Thence N 58°22'42" W,along the North line of a 50 foot strip, distance of 234.05 feet to the West line of said SE¼; Thence N00°03'42" E, along said West line, a distance of 606.95 feet to the Southeast corner of the N½ of saidSW¼; Thence N 89°19'40" W, along the South line of said N½, a distance of 2644.45 feet to theSouthwest corner of said N½; Thence N 00°09'47" E, along the West line of said SW¼, a distance of1302.13 feet to the Place of Beginning and containing 119.76 acres, more or less. Subject to theright-of-way of the Public Road along the East side of the above described tract and also subject to alleasements of record.

For APN/Parcel ID(s): 04-07-400-004

PARCEL 2:THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF SECTION 7, TOWNSHIP 11 NORTH, RANGE 8 EASTOF THE FOURTH PRINCIPAL MERIDIAN; SITUATE, LYING AND BEING IN THE COUNTY OF PEORIAAND STATE OF ILLINOIS.

For APN/Parcel ID(s): 04-01-400-006 part

Parcel 3:A part of the SE¼ of Section 1, all in T11N, R8E of the 4th P.M., Peoria County, Illinois. More particularlybounded and described as follows and bearings are for the purpose of description only:--

Beginning at an iron rod at the Southeast Corner of the SE¼ of said Section 1; Thence N 89°03'06" W,along the South line of said SE¼, a distance of 2278.19 feet to a Mag Nail on the center of North HamptonRoad; Thence N 19°46'36" W, a distance of 104.33 feet; Thence N 26°55'18" W, a distance of 236.93feet; Thence N 21°58'36" W, a distance of 107.38 feet; Thence N 00°40'30" E, a distance of 116.17 feet;






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Thence N 00°40'30" E, a distance of 109.65 feet; Thence N 11°31'41" W, a distance of 221.04 feet;Thence N 06°16'30" W, a distance of 80.39 feet; Thence N 29°28'44" E, a distance of 109.93 feet; ThenceN 64°13'52" E, a distance of 104.32 feet; Thence N 73°21'45" E, a distance of 189.18 feet; Thence N62°12'31" E, a distance of 158.28 feet; Thence N 59°01'42" E, a distance of 239.84 feet; Thence N54°08'56" E, a distance of 252.37 feet to the Southwest corner of a 2.424 acre tract. The last thirteen (13)named courses being along the approximate center of said North Hampton Road; Thence S 89°11'07" E,along the South line of said 2.424 acre tract, a distance of 300.00 feet to an iron rod; Thence N 00°10'18"W, along the East line of said tract, a distance of 150.00 feet to an iron rod on what is described as beingthe North line of the South 100 acres of said SE¼; Thence N 89°58'35" E, along the North line of saidSouth 100 acres, a distance of 1322.39 feet to an iron rod on the East line of said SE¼; Thence S00°19'43" E, along said East line, a distance of 1655.57 feet to the Place of Beginning and containing82.91 acres, more or less. Subject to the right-of-way of the Public Road along the West side of the abovedescribed tract and also subject to all easements of record.


PARCEL 5:THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 1 (EXCEPT THESOUTH 16.5 FEET THEREOF) LOCATED IN TOWNSHIP 11 NORTH, RANGE 8 EAST OF THEFOURTH PRINCIPAL MERIDIAN, PEORIA COUNTY, ILLINOIS.


PARCEL 6:THE SOUTH HALF OF THE SOUTHEAST QUARTER OF SECTION 7, TOWNSHIP 11 NORTH, RANGE8 EAST OF THE FOURTH PRINCIPAL MERIDIAN, PEORIA COUNTY, ILLINOIS; EXCEPT THATPORTION THEREOF CONVEYED TO THE STATE OF ILLINOIS FOR ROAD PURPOSES BYWARRANTY DEED RECORDED OCTOBER 26, 1964 AS DOCUMENT NO. 64-15513.


PARCEL 7:THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 36; ALSO 15 ACRES,MORE OR LESS, OFF THE SOUTH END OF THE SOUTHWEST QUARTER OF THE SOUTHEASTQUARTER OF THE SAME SECTION 36, TOWNSHIP 12 NORTH, RANGE 8 EAST OF THE FOURTHPRINCIPAL MERIDIAN, MARSHALL COUNTY, ILLINOIS, EXCEPTING THEREFROM THEFOLLOWING DESCRIBED LOT, TRACT, OR PARCEL OF LAND, TO WIT:BEGINNING AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SECTION 36,TOWNSHIP 12 NORTH, RANGE 8 EAST OF THE FOURTH PRINCIPAL MERIDIAN, THENCE NORTH6 RODS; THENCE EAST 16 RODS; THENCE SOUTH 6 RODS; THENCE WEST 16 RODS TO THEPLACE OF BEGINNING.

For APN/Parcel ID(s): 04-01-300-004 and 04-01-300-005

PARCEL 8:AN EASEMENT ACROSS THE FOLLOWING DESCRIBED LAND:






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A non-exclusive easement for the benefit of Parcel 1 and 3 as created by a Grant of Perpetual Easementand Maintenance Agreement dated November 23, 2020 and recorded November 23, 2020 as DocumentNo. 2020023194, described as follows:

A 40 foot wide easement for Ingress and Egress across a part of the S 1/2 of Section l, T11N, R8E of the4th P.M., Peoria County, Illinois. The centerline of said 40 foot easement more particularly bounded anddescribed as follows and bearings are for the purpose of description only:

Easement #1

Commencing at an iron rod at the Northwest Corner of the SW¼ of said Section 1 ; Thence S 00degrees 09 minutes 47 seconds W, along the West line of said SW¼, a distance of 1302.13 feet to theSouthwest Corner of the N1/2 of said SW¼; Thence S 89 0 19'40" E, along the South line of the N 1/2 ofsaid SW¼, a distance of 1689.58 feet to the center of an existing lane and the Place of Beginning forsaid centerline description; thence S 27025'02" E, a distance of 31.32 feet; thence S 61 0 32'56" E, adistance of 233.79 feet; thence N 85 039'33" E, a distance of 88.56 feet; thence S 690 18'50" E, adistance of 42.16 feet; thence S 43057'06" E, a distance of 91.32 feet; thence S 68 036'16" E, a distanceof 58.23 feet; thence N 84048'57" E, a distance of 144.70 feet; thence N 75 023'38" E, a distance of179.86 feet; thence S 72028'46" E, a distance of 29.04 feet; thence S 19007'13" E, a distance of 26.43feet; thence S 28 0 39'00" W, a distance of 118.08 feet; thence S 12006'12" E, a distance of 46.02 feet;thence S 08022'58" W, a distance of 115.72 feet; thence S 15 002'10" E, a distance of 81.71 feet; thenceS 58 050'41" E, a distance of 141.73 feet; thence S 58 022'42" E, a distance of 248.26 feet to the centerof North Hampton Road and the point of termination.Part of 04-01-300-004 and 04-01-300-005

Easement #2

Commencing at an iron rod at the Northwest Corner of the SW¼ of said Section l ; Thence S 00009'47"W, along the West line of said SW¼, a distance of 1302.13 feet to the Southwest Corner of the N 1/2 ofsaid SW¼; Thence S 890 19'40" E, along the South line of the N 1/2 of said SW¼, a distance of2644.45 feet to the Southeast corner of the N 1/2of said SW¼; Thence S 00003 '42" W, along the Eastline of said SW¼, a distance of 190.65 feet to the center of an existing lane and the Place of Beginningfor said centerline description; thence S 700 16'13" W, a distance of 172.45 feet to the center of abovedescribed easement #1 and the point of termination;Part of 04-01-300-005

END OF SCHEDULE A


Name and Address of Title Insurance Company: Chicago Title Company6901 N. Knoxville Ave., Suite 102Peoria, IL 61614

SCHEDULE B, PART IREQUIREMENTS




IL-CT-FMDI-01080.225245-SPS-1-20-5245-2002185

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 thisCommitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may thenmake 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, mustbe properly authorized, executed, delivered, and recorded in the Public Records.

5. Notice: Please be aware that due to the conflict between federal and state laws concerning the cultivation,distribution, manufacture or sale of marijuana, the Company is not able to close or insure any transaction involvingLand that is associated with these activities.

6. Be advised that the "good funds" of the title insurance act (215 ILCS 155/26) became effective 1-1-2010. This actplaces limitations upon the settlement agent's ability to accept certain types of deposits into escrow. Please contactyour local Chicago Title office regarding the application of this new law to your transaction.

7. Effective June 1, 2009, pursuant to Public Act 95-988, satisfactory evidence of identification must be presented forthe notarization of any and all documents notarized by an Illinois notary public. Satisfactory identificationdocuments are documents that are valid at the time of the notarial act; are issued by a state or federal governmentagency; bear the photographic image of the individual’s face; and bear the individual’s signature.

8. The Proposed Policy Amount(s) must be increased to the full value of the estate or interest being insured,and any additional premium must be paid at that time. An Owner's Policy should reflect the purchase priceor full value of the Land. A Loan Policy should reflect the loan amount or value of the property ascollateral. Proposed Policy Amount(s) will be revised and premiums charged consistent therewith whenthe final amounts are approved.

9. The Company should be furnished a statement that there is no property manager employed to manage the Land,or, in the alternative, a final lien waiver from any such property manager.

END OF SCHEDULE B, PART I



SCHEDULE B, PART IIEXCEPTIONS




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THIS COMMITMENT DOES NOT REPUBLISH ANY COVENANT, CONDITION, RESTRICTION, OR LIMITATIONCONTAINED IN ANY DOCUMENT REFERRED TO IN THIS COMMITMENT TO THE EXTENT THAT THE SPECIFICCOVENANT, CONDITION, RESTRICTION, OR LIMITATION VIOLATES STATE OR FEDERAL LAW BASED ON RACE,COLOR, RELIGION, SEX, SEXUAL ORIENTATION, GENDER IDENTITY, HANDICAP, FAMILIAL STATUS, ORNATIONAL ORIGIN.

The Policy will not insure against loss or damage resulting from the terms and provisions of any lease or easementidentified in Schedule A, and will include the following Exceptions unless cleared to the satisfaction of the Company:

General Exceptions

1. Rights or claims of parties in possession not shown by Public Records.

2. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the title thatwould be disclosed by an accurate and complete land survey of the Land.

3. Easements, or claims of easements, 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 lawand not shown by the Public Records.

5. Taxes or special assessments which are not shown as existing liens by the Public Records.

6. We should be furnished a properly executed ALTA statement and, unless the land insured is acondominium unit, a survey if available. Matters disclosed by the above documentation will be shownspecifically.

7. Any defect, lien, encumbrance, adverse claim, or other matter that appears for the first time in the Public Recordsor 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.

******ALL******

8. NOTE FOR INFORMATION ONLY: Separate documents should be prepared for each County or the documentsshould be prepared in duplicate to facilitate recordings in Peoria and Marshall Counties.

9. The search did not disclose any open mortgages or deeds of trust of record, therefore the Company reserves theright to require further evidence to confirm that the property is unencumbered, and further reserves the right tomake additional requirements or add additional items or exceptions upon receipt of the requested evidence.




(continued)




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10. Existing unrecorded leases and all rights thereunder of the lessees and of any person or party claiming by, throughor under the lessees.

11. If work has been performed on the Land within the last six months which may subject the Land to liens under themechanics lien laws, the Company should be furnished satisfactory evidence that those who have performed suchwork have been fully paid and have waived their rights to a lien. If evidence is not provided or is unsatisfactory,this commitment/policy will be subject to the following exception:

Any lien, or right to a lien, for services, labor or material, heretofore or hereafter furnished, imposed by law, andnot shown by the Public Records.

The Company reserves the right to add additional items or make further requirements after review of therequested documentation.

12. The Land described in Schedule A either is unsubdivided property or constitutes part of a subdivided lot. As aresult, a Plat Act Affidavit should accompany any conveyance to be recorded. In the alternative, complianceshould be had with the provisions of the Plat Act (765 ILCS 205/1 et seq.)

13. Any right, interest or claim that may exist, arise or be asserted against the Title under or pursuant to thePerishable Agricultural Commodities Act of 1930, as amended, 7 USC 499a et seq., the Packers and StockyardAct of 1921, as amended, 7 USC 181 et seq., or any similar state laws.

14. Rights of the public, the State of Illinois and the municipality in and to that part of the Land, if any, taken or used forroad purposes.

15. Rights of Way for drainage tiles, ditches, feeders, laterals and underground pipes, if any.

16. Rights of adjoining and contiguous owners to have maintained the uninterrupted flow of the waters of any streamwhich may flow on or through the Land.

17. All rights and easements in favor of the holder of any interest in the mineral estate excepted from the legaldescription in Schedule A hereof, or of any party claiming by, through, or under said holder, if any.

Note: No examination has been made of the title to minerals excepted in the legal description.




(continued)




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18. Our policy is not to be construed as insuring against any damage to the surface or any improvement thereoncaused by the removal of coal and other minerals underlying the land.

19. All endorsement requests should be made prior to closing to allow ample time for the company to examinerequired documentation.(This note will be waived for policy).

***PARCEL 1*** (Peoria County)

20. Taxes for the years 2020.

Taxes for the years 2020 are not yet due or payable.

Permanent Tax No.: 04-01-300-001

Note: Taxes for the year 2019 amounting to $701.14 are paid of record.







Permanent Tax No.: 04-01-400-006 part

Note: Taxes for the year 2019 amounting to $1,289.62 are paid of record.




(continued)




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23. Relative to the estate set forth below, the Company notes that Letters of Office have been issued to anAdministrator/Executor. This commitment is based on the assumption that title to the Land is to be derivedthrough a deed from said Administrator/Executor to a purchaser for value, pursuant to the Power of Salecontained in the Will of said decedent.

Estate of: Kathleen G. Marshall, deceasedCase No.: 20-P-620

NOTE: a complete examination of said proceeding has not been made.

24. Terms, powers, provisions, and limitations of the Trust under which title to the Land is held.

25. It appears that the original trustee in title is deceased. Relative thereto, the Company should be furnished thefollowing:

a) A Certification of Trust executed by the current trustee in accordance with 760 ILCS 5/8.5, together withexcerpts of the trust agreement and amendments thereto relating to the designation of trustees and the power ofthe trustee to act in the current transaction, orb) In the alternative, the current trustee, in his or her sole discretion, may deliver to the Company(1) A certified or uncertified copy of the Death Certificate of the original trustee;(2) A certified copy of the original trust agreement, together with any amendments thereto; and(3) Certified copies of the appointment and acceptance of the Successor Trustee.

The Company reserves the right to add additional items or make further requirements after review of therequested information.

26. The Letters of Office should be furnished and this Commitment is subject to such further requirements and/orexceptions as may then be deemed necessary.

27. Easement in favor of Edelstein Waterworks Co-Op to Install, Operate and Maintain Water Lines over and acrosspart of the land as disclosed by instrument dated and recorded April 2, 1965, as Document No. 65-04436. (Forfurther particulars, see record.)

28. Federal Estate Tax, Illinois Estate Tax and Illinois Generation-Skipping Transfer Tax, if any, which may becharged against the estate of said decedent.

29. An additional bond for the sale of real estate, as required by Section 12-9 of the Probate Act, should be filed withthe court.




(continued)




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30. Right of Way for drainage, flow and maintenance of Little Senachwine Creek.

31. Attention is directed to the fact that the public records do not show any means of ingress or egress to or from theland, and, by reason thereof, this commitment and our policy, if and when issued, should not be construed asinsuring against any loss or damage by reason of lack of access to and from the land.










35. Easement in favor of Edelstein Waterworks Co-Op to Install, Operate and Maintain Water Lines over and acrosspart of the land as disclosed by instrument dated and recorded April 2, 1965, as Document No. 65-04436.

36. Note for Information: The land is shown on the survey recorded as Document No. 85-21255.





(continued)




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Permanent Tax No.: 04-01-400-006 part






40. Easement in favor of Edelstein Waterworks Co-Op to Install, Operate and Maintain Water Lines over and acrosspart of the land as disclosed by instrument dated and recorded April 2, 1965, as Document No. 65-04436. (Forfurther particulars, see record.)









(continued)




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42. The Company will require the following documents for review prior to the issuance of any title insurance predicatedupon a conveyance or encumbrance from the entity named below.

Limited Liability Company: Tater Hill Acres, LLC

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 amendment 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. A current dated certificate of good standing from the proper governmental authority of the state in which the entity was created

e. If less than all members, or managers, as appropriate, will be executing the closing documents, furnish evidence of the authority of those signing.










(continued)




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45. Easement in favor of GTE North Incorporated for a communications system as recorded December 8, 1992 asDocument No. 92-36752. (For further particulars, see record.)

46. Note for Information: The land is shown on the survey recorded as Document No. 85-21255.

***PARCEL 6*** (Marshall County)








(continued)




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49. The Land insured herein may include a cemetery. Relative thereto, the Company notes the rights of owners ofburial plots located in the cemetery and any limitations upon the use of said Land because it is a cemetery.

For more information see Cemetery Deed recorded in Book 29, Page 235.

50. Statutory rights and powers of the State of Illinois and of the municipality or county to regulate and control the useof the Land as a cemetery and also to regulate and control the interment or removal of bodies in or from the Landor any building located thereon.

51. Easement rights of all persons for ingress and egress for the purpose of visiting the cemetery, maintenance orinterment purposes.

Title to any portion of the Land constituting or used as burial grounds is not insured.





(continued)




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(affects Tract I)





(affects Tract II)

54. The Company has not examined the proposed Grant of Easement. This should be furnished for recording andthis Commitment is subject to such further requirements and/or exceptions as may then be deemed necessary.

55. Terms, provisions, and conditions relating to the easement described as Parcel 8 contained in the instrumentcreating said easement.

Rights of the adjoining owner or owners to the concurrent use of said easement.

56. The Legal Description is for convenience only. The exact description of the easement should be furnished andthis Commitment is subject to such further requirements and/or exceptions as may then be deemed necessary.

57. Note: Parcel 8, Tract II is shown on the survey recorded as Document No. 01-20366.

58. Terms, provisions, and conditions relating to the easement described in Schedule A contained in the instrumentcreating said easement.

Rights of the adjoining owner or owners to the concurrent use of said easement.

END OF SCHEDULE B, PART II





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COMMITMENT CONDITIONS

1. DEFINITIONS(a) "Knowledge" or "Known": Actual or imputed knowledge, but not constructive notice imparted by the Public Records.(b) "Land": The land described in Schedule A and affixed improvements that by law constitute real property. The term "Land" does not include

any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads,avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is to beinsured by the Policy.

(c) "Mortgage": A mortgage, deed of trust, or other security instrument, including one evidenced by electronic means authorized by law.(d) "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.(e) "Proposed Insured": Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment.(f) "Proposed Policy Amount": Each dollar amount specified in Schedule A as the Proposed Policy Amount of each Policy to be issued pursuant

to this Commitment.(g) "Public Records": Records established under state statutes at the Commitment Date for the purpose of imparting constructive notice of

matters relating to real property to purchasers for value and without Knowledge.(h) "Title": The estate or interest described in 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, thisCommitment terminates and the Company's liability and obligation end.

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;(f) Schedule B, Part II-Exceptions; and(g) a counter-signature by the Company or its issuing agent that may be in electronic form.

4. COMPANY'S RIGHT TO AMENDThe Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverseclaim, or other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by CommitmentCondition 5. The Company shall not be liable for any other amendment to this Commitment.

5. 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 theProposed 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 shall not be liable under Commitment Condition 5(a) if the Proposed Insured requested the amendment or had Knowledge ofthe matter and did not notify the Company about it in writing.

(c) The Company will only have liability under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had theCommitment included the added matter when the Commitment was first delivered to the Proposed Insured.

(d) The Company's liability shall not exceed the lesser of the Proposed Insured's actual expense incurred in good faith and described inCommitment Conditions 5(a)(i) through 5(a)(iii) or the Proposed Policy Amount.

(e) The Company shall not be liable for the content of the Transaction Identification Data, if any.(f) In no event shall the Company be 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) In any event, the Company's liability is limited by the terms and provisions of the Policy.

6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT(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 and must be restricted solely to the terms and provisions of this Commitment.


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IL-CT-FMDI-01080.225245-SPS-1-20-5245-2002185

(c) Until the Policy is issued, this Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to thesubject matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whetherwritten 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 beyondthe terms 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 HAS BEEN ISSUED BY AN ISSUING AGENTThe issuing agent is the Company's agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent isnot the Company's agent for the purpose of providing closing or settlement services.

8. PRO-FORMA POLICYThe Company may provide, at the request of a Proposed Insured, a pro-forma policy illustrating the coverage that the Company may provide. Apro-forma policy neither reflects the status of Title at the time that the pro-forma policy is delivered to a Proposed Insured, nor is it a commitmentto insure.

9. ARBITRATIONThe Policy contains an arbitration clause. All arbitrable matters when the Proposed Policy Amount is Two Million And No/100 Dollars($2,000,000.00) or less shall be arbitrated at the option of either the Company or the Proposed Insured as the exclusive remedy of the parties. AProposed Insured may review a copy of the arbitration rules at http://www.alta.org/arbitration.

END OF CONDITIONS

1031 EXCHANGE SERVICES

If your transaction involves a tax deferred exchange, we offer this service through our 1031 division, IPX1031. Asthe nation's largest 1031 company, IPX1031 offers guidance and expertise. Security for Exchange funds includessegregated bank accounts and a 100 million dollar Fidelity Bond. Fidelity National Title Group also provides a50 million dollar Performance Guaranty for each Exchange. For additional information, or to set-up an Exchange,please call Scott Nathanson at (312)223-2178 or Anna Barsky at (312)223-2169.

http://www.alta.org/arbitration