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First American Title Insurance Company COMMITMENT ...

First American Title Insurance Company COMMITMENT information SHEET. The Title Insurance COMMITMENT is a legal contract between you and the Company . It is issued to show the basis on which we will issue a Title Insurance Policy to you. The Policy will insure you against certain risks to the land Title , subject to the limitations shown in the Policy. The Company will give you a sample of the Policy form, if you ask. The Policy 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 you as the exclusive remedy of the parties.

First American Title Insurance Company COMMITMENT INFORMATION SHEET The Title Insurance Commitment is a legal contract between you and the Company.

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Transcription of First American Title Insurance Company COMMITMENT ...

1 First American Title Insurance Company COMMITMENT information SHEET. The Title Insurance COMMITMENT is a legal contract between you and the Company . It is issued to show the basis on which we will issue a Title Insurance Policy to you. The Policy will insure you against certain risks to the land Title , subject to the limitations shown in the Policy. The Company will give you a sample of the Policy form, if you ask. The Policy 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 you as the exclusive remedy of the parties.

2 You may review a copy of the arbitration rules at The COMMITMENT is based on the land Title as of the COMMITMENT Date. Any changes in the land Title or the transaction may affect the COMMITMENT and the Policy. The COMMITMENT is subject to its Requirements, Exceptions and Conditions. THIS information IS NOT PART OF THE Title Insurance COMMITMENT . YOU SHOULD READ THE. COMMITMENT VERY CAREFULLY. If you have any questions about the COMMITMENT , contact: First American Title Insurance Company National Commercial Services 633 Third Avenue New York, NY 10017. or The office which issued this COMMITMENT TABLE OF CONTENTS.

3 AGREEMENT TO ISSUE POLICY. SCHEDULE A. 1. COMMITMENT Date 2. Policies to be Issued, Amounts and Proposed Insureds 3. Interest in the Land and Owner 4. Description of the Land SCHEDULE B-I -- REQUIREMENTS. SCHEDULE B-II -- EXCEPTIONS. CONDITIONS. ALTA Plain Language COMMITMENT (2006) COMMITMENT Page 2. COMMITMENT Number: NCS-533241AL1NY. Title Insurance COMMITMENT . BY. First American Title Insurance Company AGREEMENT TO ISSUE POLICY. We agree to issue a policy to you according to the terms of the COMMITMENT . When we show the policy amount and your name as the proposed insured in Schedule A, this COMMITMENT becomes effective as of the COMMITMENT Date shown in Schedule A.

4 If the Requirements shown in this COMMITMENT have not been met within six (6) months after the COMMITMENT Date, our obligation under this COMMITMENT will end. Also, our obligation under this COMMITMENT will end when the Policy is issued and then our obligation to you will be under the Policy. Our obligation under this COMMITMENT is limited by the following: The Provisions in Schedule A. The Requirements in Schedule B-I. The Exceptions in Schedule B-II. The Conditions. This COMMITMENT is not valid without SCHEDULE A and Sections I and II of SCHEDULE B. First American Title Insurance Company ALTA Plain Language COMMITMENT (2006) COMMITMENT Page 3.

5 COMMITMENT Number: NCS-533241AL1NY. SCHEDULE A. File No.: NCS-533241AL1NY. 1. COMMITMENT Date: March 17, 2012 at 7:00 2. Policy (or Policies) to be issued: a. ALTA Owners Policy (06-17-06) $TBD. Proposed Insured: A natural person or legal entity b. ALTA Loan Policy (06-17-06) $TBD. Proposed Insured: A natural person or legal entity, its successors and/or assigns as their interests may appear 3. Fee Simple interest in the land described in this COMMITMENT is owned, at the COMMITMENT Date, by First States Investors TRS, , a Delaware limited partnership. 4. The Land referred to in this COMMITMENT is described as follows: See Schedule A attached hereto and made a part hereof: First American Title Insurance Company ALTA Plain Language COMMITMENT (2006) COMMITMENT Page 4.

6 COMMITMENT Number: NCS-533241AL1NY. SCHEDULE A (Continued). File No.: NCS-533241AL1NY. A certain lot or tract of land, described as follows: Beginning at a point on the South side of the Bee Line Highway in the Town of Newton, Alabama feet Westerly from the West side of Marginal Street and running thence S 81 15' W along the South side of said Bee Line Highway 42 feet; thence running S. 6 57' E (Magnetic) 105 feet; thence running Easterly feet; thence running Northerly 29 feet;. thence running N 81 15' E, 30 feet; thence running N 7 40' W 76 feet to the point of beginning and being in the SE 1/4 of the NE 1/4 of Section 11, Township 4 North, Range 24 East, Town of Newton, Dale County, Alabama.

7 First American Title Insurance Company ALTA Plain Language COMMITMENT (2006) COMMITMENT Page 5. COMMITMENT Number: NCS-533241AL1NY. SCHEDULE B - SECTION I. REQUIREMENTS. File No.: NCS-533241AL1NY. The following requirements must be met: 1. Pay and/or disburse the agreed amounts for the interest in the land to be insured and/or according to the mortgage to be insured. 2. Pay us the premiums, fees and charges for the policy. 3. Pay all taxes and/or assessments, levied and assessed against the land, which are due and payable. Note: County taxes for the year 2011 in the amounts of $ on Tax Parcel # 26-14-01- was paid in full on 1/3/2012.

8 County taxes for the year 2012 are due and payable on October 1, 2012, and delinquent after December 31, 2012. 4. The following documents, satisfactory to us, creating the interest in the land and/or the mortgage to be insured, must be signed, delivered and recorded: (a) Warranty Deed or Special Warranty Deed from First States Investors TRS, , a Delaware Limited Partnership to a natural person or legal entity to be designated. In connection therewith, we will require: 1) Production of a copy of the Articles of Organization and Operating Agreement, if any, with an affidavit affixed thereto that it is a true and correct copy of same, and that the Limited Liability Company has not been dissolved.

9 2) Said mortgage must be executed by all of the members of the Limited Liability Company unless the Articles of Organization and Operating Agreement provide that the managers shall have authority to execute a mortgage on behalf of the Company , in which case the mortgage shall be executed by all of the managers;. 3) Should any member or manager, if applicable, be other than a natural person, we will require proof of good standing as well as documentation of the authority of the person to execute documents on its behalf;. 4) Satisfactory evidence of compliance with all requirements regarding encumbering Company property contained in the Articles of Organization and Operating Agreement, if any; and We reserve the right to make such further requirements as we deem necessary after a review of the documentation required above.

10 First American Title Insurance Company ALTA Plain Language COMMITMENT (2006) COMMITMENT Page 6. COMMITMENT Number: NCS-533241AL1NY. (b) Mortgage to be properly executed by said purchaser (provided that said purchaser is a natural person or legal entity to be designated) to mortgagee (provided that said mortgagee is a natural person or legal entity to be designated). If said purchaser/mortgagor is a natural person, the mortgage must recite each Mortgagor's marital status and, if married, the spouse of each Mortgagor must sign the mortgage, or the mortgage must contain a statement certifying that no part of the subject property is the homestead of the Mortgagor or his/her spouse.


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