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American Land Title Association Commitment
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Order No: <3t};i944
CONIMI T h1EN T FOR TITLE INSURANCE
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Chicago Title Insurance Company
CHI{;A<;O TITLE iNSI_'FLatiCE COMPANY, a N issour. rorporatior: f"Ccmpazi''1, for a vaiu::hlc
consideration, commits to issue its oalic-or policies of title insurance, as identified in Schedule A. in fovoi of
he Propcscd lr?Luvc I named in Schedule A, as o%mier or mortgaecc of the estate or inie; °s' in the land ?
described o; reirrred to in Schedule A. up(zn payment of the premium; and chsre ?s and cnmpliaaa wi:h the
Rcquirements; a0 s.b}ect to the provisums of Schedules A and Band to the ! cnditinns of this Commitment.
This Commitment shall be cf xtive only when the identity of the Propesad Insured and the amount of UIG
pot: c.v or policies comrr. fitted for have I>;:en icscr ed in Schedule A by Ibe Cn:upan -
All liabilitp and obligation under this Connmitment shall cease and terminate 90 days after the Effective Date or
when the poliq Cr policies committed for shall issue; whichever first occurs. provided that tLe f[ilnrc to iisw{
the policy or ool.cie is not the fault of the Company.
The Compam=•xill prolide , sam31e of the policy form upor request.
Ili WITNESS WHEREOF. C:HICA iO TITLE INSURANCE COMPANY has, caused i:s ciq)ora'e rnun_ am
s al v) he affixed hk it;. duly authorized officers on the date shown in Schedule A.
Issued by: Chicago Title Insurance Company
CHICAGO TITLE l\SUP--1NC E C:OItlPANY
101 W4 OHIO ST STE. 1140 tt,-
IND:A- a PO LIS, IN. 46204
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? ?tte[anA'_TA C0,MN TMENT - 2.:06
&Uea By
.CHICAGO TITLE INSURANCE COMPANY
Address Reference: Sara<, ode c s_ WCtAon Pointc-Outlot C, Indiana
aid Stzsc: Flaniilion. Indiana
1. Effective Date: 'Nla •
2. Policy or Policies to be issued:
a. OWKER'S POLICY: ALTA Owners Pulicv (6t 17J016)
Proposed Insured:
F.C. Realty lnv,stmcnts, t.i_C. an Ind'a7ia limited liability company
b. LOAN POLICY 1:
Proposed Insured:
LOAN, POLICY 2:
Proposed Jnsured:
3. The estate or interest in the land described or referred to in this Commitment is:
Fee Simple
4. Title to the estate or interest in the land is at the Effective Date vested in:
f'.i.. -Re:at',' Thi;ly Thr -L 1 LC, an Indiarma limited hacilin, ampan,y
Schedule A
Order No: L-? The land referred to in this Commitment is described as follows:
Part of the Southwest Qtearicr of Scotian ti,'Pa?tnship 1- North. Range 3 East, C:lae Township, Hamilton C:?unte'.
Indiana, described as follows
Ca>mrneacinu at the northeast earner of the Southwest Quarter of Section 6, "Co.?.aship l'. North; Rsagc ',East:
thence Swath 39 de_rces 56 minutes 26scconds Cvest 1.37-.69 feet alone the north line of said Southwest Qciar ter to
he oarih nest conic, of 61ocF: "C of die Plat of ?c .v1v_s at Wes on Pointe Section 1 recerdcd ir, fnstrumer t nNo
2004'W673711. Plat Cabinet 3. Slide 4S9 in the Offtce of the Recorder or Hamilton Coun ,, I.Ojana; thence
continuing Soutit 89 decrees Si"s minutes 26 sceonds West along the north linv of said Southwest Quarter 5.3'.1 i feet
o.ids Fast 135.52 feet; thcnec Seu!h',4 ?ICgrccs
to the Point o; I3_ginnia ^encc-South t degrees 04 manures 16,<M
4-5 minutes 44 <ecends Wcsl 54.,o feet: mono- South 15 degrees 04 mtnu;Cs 16 seconds ±St llS `U feet; thence South
,4 d u i2rccs 55 s_inmcs 49 sccon& West 2t8.3j feet to the eastern righLof si jy line of Mi. Mean Road (ll.S. 4 1):
's' CONTINUED'--
This Commitment is valid only if Schedule B is attached.
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SSUEC 4-
CHICAGO TITLE INSURANCE COMPANY
Schedule A (continued)
Order No: 3Sk?
5. THE LAND REFERRED TO IN THIS COMMI't`.i4ENT IS DESCRIBED AS FOLLOWS (continued):
thence along said right-::f-titiac'ane, North I c degrees (H minutes 16 seconds Wcsl 237A3 feet Hg the line of said
Southics: Ouaner: thence alone said north Sine North 89 degrees 56 minutes ?b seccmds East 2x2.28 feet to the
Prim, or fteg;nning. contaimi w 53A35 .scuare f-,-,c: or 1.22 acres, more or less.
Together with r?sc:nenis as sct out in a Declaration of Cmcrants Conditions and Rc gnctions ro, Wcaton Pointe
dated December S. 2005 and recorded December 27, 2m.? as Instrument No. 2[Hj5(JCCN".;132_
This Commitment is valid only if Schedule B is attached.
Page A - ..
:,5 ;ti _!Cs LDC ,?Tn i:C,41" iMEN'T-?AE+
I%Usc Hy
CHICAGO TITLE INSURANCE COMPANY
Schedule S
Order No: i9rlf t
Schedule B nf!he pelicV or pclics to bc: i.>aued wiF3 contain excentiuns to the foil ytin_ ma[:crs unles the same ar
disposed of to the Satisfaction c! ",he Comoane
A. instruments nea.c'an its create the state or interest to be insured must be properly executed- dclivc-red and duly hied
For reeOrd.
B. Pavinent of the full consideration to, or for the account of, the grantors or morrga_rn's should be r-laud.
C. Pav-rww of all taccs. charges. a.iessmentc, levied and assessed against subject premi<_es. Whi---h are due and parable
shon'd be made. ?
D. Defects, liens, encumbrances. adverse claims. or other matters. if anv, created, first appearing in the puhiic records ,a
attaching subsequent to Ili- effectivc date hereof but prior to the date the p-Oposed insured acquire: for value of
r-'cord the atat: or inlarest or mo-taaea theron covered Irv this Commitment.
E. Any Owner's Policy Issued pursuant hereto will contain under Schedule B the General Exceptions set forth bcio-'e'.
Anp Loan Potieswill contain under Schedule B General Exceptions 1.2 and 3 unless a satkfacw7 survey is furnished:
General Exceptions 4'will appear unless satisfactory esidvnce is furnished that improvements andior repairs or
ahcration; thereto are. extmpletcd; the contractor, subcontractors; labor and materiabnen are all paid.
General Exceptions-
1.. Fiehls or claims of parties in possession not shows by the public records.
_- Fasemcnis, or claints of easement;., nGi shcrxil by the public records.
3. Any encroachment. encumbrance, tiiolation, variation, or ad:e>rse circumstance affecting the Title that would be
disclosed by an accurate and complete land survey of t'rc Land.
4. Any lien, or right to a her. for,erviccs, labor, or material heretofore or hereafter, furnished, imposed by law
and not shown by the public records.
j. Taxc or ?nec:nil asse?mienis which are not shown as exist ng lien: by the nablic rccords-
F. Special Exceptions:
Taxes for the year 2006, due and payable May and November 2007,
are assessed in the name a c C Realty Thirty Three LX.
tvtay Installment: Paid; Novemberlnstallment: Unpaid;
Parcel Number: 17-13 05-00-OC-033."02; Township: Clay;
Assessed Value: Land - a 8.200, ln:provements - None; Exemptions
Lot sizei'Acreage: 4.12 Acres
Nola - Includes other real estate.
in the arnounl of S 50.87 per installment,
None,
v'ttit131 maintenance assessment for Long Branch No. 331 for the year 2CC7. Semi-anntiai Insiallmetits $31.50;
May Paid November Unpaid, and all future installments not yet due and payable.
3. Taxes for the year 2007 due and payable in 20C8 are a lien not yet cue and payable.
4. =tights of the public, the State of Indiana and/or the municipally; and others entitled thereto, in and to that
Pane 31 _
„?:E2 tu= 1.0s N;2i /e' 135C??= ALTA "01',11,1ITM N''T .Eves
su=_? By
CHICAGO TITLE INSURANCE COMPANY
Schedule 8 - (continued)
Order iVO? =
Part of the land taken for or wing vriiNn U.S. 422 (Michigan Road) along the west side of the land.
-5. P.ights of %vav for drainage tiles, ditches, feeders and laterals, if any.
G G. Possible municipal assessmems, sever use charges and/or impact fees levied by the city of Carmel,
Indiana.
Commitments Concerning The use and Development of Real Estate dated April 30, 2003 and recorded
inlay 29, 2003 as Instrument No. 20030004798^9. Modified by Additional Commitments Concerning :he Use
and Development of Real Estate dated November 20, 2003 and record-ad June 14. 2004 as Instrument No.
200400040822.
C. Easement for storm sewer, access and utilities as set out irl Construcfion, Access, Storm Sever avid UiilrVy
Easement Agreement dated t,1ay 24, 2004 and recorded June 22, 2004 as Instrurent No. 200400043282.
Note - Benefits subject parcel-
7 9. Easement for right et way granted to the State of Indiana as set out in Perioctual Highway Easement dated
September 2. 2004 and recorded November 15, 2004 as Instrument Number 20.3400077500".
K 10 Covenants, conditions and restrictions as set out in Future Traffic Sional Covenant dated November;;. 2004
and recorded December 17, 2004 as !nstrument No. 200400084709.
Note - includes -other real estate.
ra 1, Covenants, conditions, easements, and restrictions as set out in a Dedaration of Covenants Conditions and
Restrictions for Weston Pointe, including, but not limited to, automatic m embership in the Weston Pointe
Ovater's Association, Inc., dated December 8, 2005 and recorded December 27. 2005 as instrument No.
200500083 332. As modified by First Special Amendment to Declaration dated June 2, 2006 and recorded
June 8. 200E as Instrument Nc. 200600032345.
N 12. The Company must be furnished relevant information as to the current status of payment of all charges and
assessments levied by the Weston Pointe Owner's Association, Inc.
L F..estriL ionS as Set out in a Special Warranty Deed dated December 8, 2075 anc recorded December 27,
2005 as Instrument No. 200500033331
Note - Benefit the subject parcel.
C il. Perpetual %Naterline Easements and rights of way granted to the Consolidated C;fy of Indianapolis, Marion.
County, Indiana, through its Department of Waterworks, as set forth in a grant of easeme?;t dated March 14,
200E and recorded or 16, 2005 as Instrument No. 20060001"554.
Note - Benefits subfect parcel.
P i. . Perpetual, r-1on-exclusive electric and' or telerommunication line easements and rights of viay granted *.o
P3+ Energy, Inc., d /b/a Duke Energy Indiana, Inc., as set forth in a grant of easement dated April 13, 2006
ano recorded Mav 1, 2006 as Instrument No. 200600023133.
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CHICAGO TITLE INSURANCE COMPANY Schedule B - (continued)!
Order :No: 3`*984
Rote - includes other real estate.
16. Restrictions and conditions as set forth in a restrictive covenant dated May 9, 2006 and recorded Nlay 12.
2006 as instrument No. 200600023837.
(Ourtlots B. C. and the Shopeir,g Center Parcel)
Restrictions as set out in a General Warranty Deed dated May 9, 2006 and recorded May 12. 2006 as
instrument No. 20GO00026838.
Note - Benefh the subject parcel.
O IS. Restrictions as Set Out in a General Warranty Deed dated June 2. 2006 and recorded June o, 2006 as
instrument No. 200600032347.
Rote - Slanefit the subject Parcel.
19. Mortgage from F.C. =realty Thirty Three I LC, art Indiana limited liability company to Firth Third Bank
{Central !ndiana). a Michigan banking corporation, ir: the principal amount of 54,000,000.00, dated July 22,
2375 and recorded August 5, 2005 as Instrument No. 200500050115.
Legal description modified by Fartial Release of Mortgage recorded December 27, 2005 as instrument No.
200500023335 and Partial Release o` Mortgage recorded May 12, 2006 as instrument No 200600026841.
Terms modified by First Loan %lodification Agreement dated February 27, 2007 and recorded Mlarch 8,
007 as instrument NP. 26 0 70 1 3743.
Note - includes other real estate.
20. Assignment of Leases and Rents dated July 22. 2005 and recorded August 5.2005 as Instrument No.
2095,300501t6 by F.C. Realty Thirty Three LLC, an Indiana limited l ability company to Fifth Third Bank
(Central Indiana), a Miichigan banking corporation.
Terms modified by First Loan Modification Agreement dated February 27, 2G07 a,d recorded March 8,
2007 as Instrument No. 2007013744.
Note - includes other real estate.
2T. Security Interest of Fifth Third Bank (Central Indiana), secured party, as set forth on a UGC Financing
Statement from F.C. Realty Thirty Three L ! C, debtor(s), and filed on August 5, 2005, as UCC instrument
No. 200501000432 and as instrument No. 200500050117.
Said security interest amended by amendment filed on May 15,200C as UCC Inst. ument No. 2006010GG233
and as instrument No. 20060002/_JA
Said security interest further amended by amendment, filed on February 2. 20-06 as UCC Instrument No.
2DGB01000060 and as instrument NO- 200600005217.
Note - includes other real estate.
,N 22. Judgment search for 10 years past has been made vs. F.C. Realty Thirty Three, LLC, and none `.were found.
21 n regard to F.C. Realty Thirty Three, LLC, we must be furnished the foilo%mJng:
09/21 F- e B ?>`sz-: ._.a WS LIDS S :%, ?=% 13:+u 3_ "givTF.G W1,17Mcttii -20GC
OSUE7C 5y.-
CHICAGO TITLE INSURANCE COMPANY
Schedule S - (continued)
Order No: 3Y ,S
Certificate of Good Standing OR Certificate of Existence from the Secretary or State of Indiana attesting to
the current good standing.
Ccpy of the Operating Agreement and any amendments thereto.
AA Proof of the authority and incumbency of the manager to execute the dosing documents. if there is not a
manager, vie- must be furnished proof of the authority and incumbency of the member to execute the
closing documents.
Aa 24. in regard to F.C. Realty Investments, LLC. we must be furnished the following:
AC Gertricate of Good Standing OR Certificate of Existence from the Secretary of State of Indiana attesting to
the current gccd standing.
AC Copy of the Operating agreement and any amendments thereto.
AE goof of the authority and incumbency of `fie manager `.o execute the closing d?CUMerltS. U there is riot a
manager, we must be fUmished.proof of the authority and incumbency of the member to execute the
closing documents. .
P.7 a. NOTE. By virtue of tC 27-7 2.6; a fee of 55.00 will be collected from the purchaser of the policy for each
policy issued in conunction with closings occurring on or after July t, 2000. The fee should be designated
i 1 that tOD ssries of the ilD form as a T1EFF (Titre insurance Enforcement Fund Fee) charge.
Ae NOTE POP INFORMATION
Effective July t , 2006: Any documents that require a preparation statement and are executed or
acknowledged in Indiana must contain the folloi.wing affirmation statement required by IC 36-2-1 1-.5:
'I affirm under the penalties for perjury, that 1 have taken reasonable care to redact each Social Security
Number in 'his document, unless required by lav^r
Tocetherwith the name (typed or signed) of the person making the statement.
?::;o.-c =,x ti__ LDS t72/21/'.Y,' i3;?:c-i2 °ace 3 - 4 A_TA COdAMITM`ENT-20C•?
'"stool; Qj:
CHICAGO TITLE INSURANCE COMPANY Conditions
Order No: 344 S'I
CONMIT2ONS
T -e term mortae_ when used herein. shatl include decd of trust, trust decd; or other sea itc initntmcnt.
if tic propose J insured 'as or acquired actual knowiedee of any defect, lien, enemr.orance; ad,,Vrsc claim or uthcr
matter affectim the estiAc or irtcresl or mortgaFe thereon covered be this C;otnmi m.-:nt other than :hose shown in
Schedule B her of, and shall fail to disclose such knowledge to the G;mpanv un waiting. the omgan shall 6e
relieved from tiaaitify for any loss or damaoe resultinE from any act of reliance hereon to the cxrent ih-, Coma v is
prejudiced by failure to so d selese sack knowlcdEe. If the proposed insured shah' disclose such know?euigc it,; the
Company. or if the company othen ise acquires actual knowledge of anv such defect, lien, encumbrimce, adverse
claim or other Mabee, the Company at its option may amend Schedule tB of ;his Commitment acco-dingiv_ btrt such
amendment shall not refieVe the Company from liability presuuslp ineurrud pursuant te, paratp apl 3 or L.esc
Condilions.
3. Uahiliiv, f the Cornpanv under this Commitment shall be only to the named proooscd insured and such oartics
included under toe definition of Insured in the form of policy or policies committed for and only for actual lose
incurred in reliancr_ hereon in undertaking in good faith (a) to comply with the requir cmc'nts hereof. or (h) to
eliminate exceptions shy Vn in Schedule B; w c) to acquire or create the estate or interest or mortgage thereon
covered by this Commitment. in ncc, event shall such liability-exceed the amount stated in Schedule =! for the policy or
policies committed for and such liahilitV is subject to the insuring provisions and Cundiiinns and the Exclusions frurn
Coverage of tit- form of pelicv or politics cot rnicted for in favor cf the proposed insured which arc her,;bv
incorporated by reference and are trade a part of this Commitment except as expressly modifad herein.
4. 'Ells Commitment is a cortract to issue one or more title insurance. policies and is not an abstract of title or a report
of the condition of title. sane action or actions or rights of action that theproposed Insured mate have or may bring
ago nst tt,c Compari arising out of the status of the title to the estate or interest or the status of the mortgayc
lhcreor covered by tltis Commitment mast be l;ased or and arc subject to the provisior5 of :his G;mmitn:rnt.
y_ T f4 policrto be issued cpniains an arbitration clause. _ ll arbitr able matteri ivhcn i9c Amount of L?suranec
?? ?CII,CNIt7 nr lcs gut?l be arbitrated at the option of eithvr the C ompanr or tae ineurcd as the ea'ciusicr rentcde of
the par ties You mavr:-riecva copy price arbitration rules of <,51rn j`v nt..alta.nre;'> (spilt. s ut ALT_,1 5/? , 6
IxVic:cs nn!o- .
Condit i=s
C5?1'c.: o':+ 'x..4.4 t.LS Lt7;'_7!'l',' ?3:30:43 ALTA DOA':""ITMEN 2006
Fidelity National Financial t;rnup of Companies.` P-ivacy Statement
Julv 1, 2001
W r.,cognvc and respect the; privacy expectations of today s consumers and the requircrttenis of appiiubl federal
avid state privacy lases W- bef=.cvc that making You aware of how we, use your non-puMe personal infor motion
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the public we serve, This Privacy Statement provides that ^eplanation, We reserve the right to change the;
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in the course of out business, we may collect Personal Information about you from the following sources:
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all requests must he made in writing to the following address
Privacy Compliance Officer
Fidclitv National Financial, Inc.
601 Riverside Drive
Jacksonville. FT, 32?04
Multiple Products or Services
If we pnnddc you with more than one financial product or service, you may receive more Innis one privacy notice
f=er: u;. We apoio ize for anv inconVelniencc this map canite you.
1-741 r' 7,1,1Fl,;