FIRST AMERICAN TITLE INSURANCE DE MÉXICO, S.A. DE C.V. SCHEDULE A/COVER SHEET Owner s Policy

Transcription

1 The contractual documentation and the supporting technical note that integrate this product are registered before the National Insurance and Bonding Commission in accordance with Articles 36, 36-A, 36-B and 36-D of the General Law of Insurance Companies and Mutual Insurance Companies under registry number CNSF-S , dated July 5, SCHEDULE A/COVER SHEET Owner s Policy Order No: Amount of Insurance/Currency: Policy No.: Date Policy Issued: Term of the Policy: Commencing on the Date of Policy and continuing in force according to Clause 2 of the General Conditions of this Policy. Date of Policy: 1. Name of Insured: Insured s Address: 2. The estate or interest in the Land which is covered by this policy is: 3. The Title is vested in: 4. The Land referred to in this policy is described in Schedule C: Premium Method of payment of premium: [ ] Premium: [ ] Expenses for issuance: [ ] I.V.A. Amount: [ ] Total premium: [ ] I.V.A. Percentage: ] CONTENT OF THE POLICY Schedule A/Cover Sheet Schedule B Schedule C This document is not a proof of the payment of the total premium for the policy. Please contact us if you require a receipt. [Signature] FIRST AMERICAN TITLE INSURANCE DE MÉXICO, S.A. DE C.V.

2 The contractual documentation and the supporting technical note that integrate this product are registered before the National Insurance and Bonding Commission in accordance with Articles 36, 36-A, 36-B and 36-D of the General Law of Insurance Companies and Mutual Insurance Companies under registry number CNSF-S , dated July 5, SCHEDULE B [Order No. ] Policy No. EXCEPTIONS FROM COVERAGE THIS POLICY DOES NOT INSURE AGAINST LOSSES, AND THE COMPANY WILL NOT PAY COSTS, LEGAL FEES, OR EXPENSES THAT ARISE BY REASON OF: 1. Real property taxes or assessments imposed on the Title. 2. Any water service tariffs due. (May be modified to read as Any water service tariffs due, subsequent to [date which water service tariffs are paid.) 3. Rights, interests or claims (a) of parties in possession of or occupying any portion of the Land; and (b) which are not shown by the Public Records but which could be ascertained by an inspection of the Land or by making inquiry of persons in possession thereof and the owner of the Land. 4. Servitudes, rights of way, encumbrances, conflicts in boundary lines, encroachments of improvements or any other facts or discrepancies which a correct land survey would disclose and which are not shown by the Public Records. 5. Any right, title, or interest in the Title based upon any claim, adverse to the Insured: (a) in and to any portion of the Land lying waterward of the line of vegetation or other legal or regulatory line including, but not limited to, tidelands, submerged lands, rivers, lakes, streams and creeks; (b) by reason of changes in the watercourse or shore resulting from natural processes including, but not limited to, accretion, erosion and avulsion; (c) by reason of statutory, hereditary or other riparian and water rights for fishing, swimming, hunting and other uses in, under and on the water; and (d) in and to filled or reclaimed lands.

3 The contractual documentation and the supporting technical note that integrate this product are registered before the National Insurance and Bonding Commission in accordance with Articles 36, 36-A, 36-B and 36-D of the General Law of Insurance Companies and Mutual Insurance Companies under registry number CNSF-S , dated July 5, SCHEDULE C [Order No. ] Policy No. The land referred to in this policy and defined as Land, is described as:

4 The contractual documentation and the supporting technical note that integrate this product are registered before the National Insurance and Bonding Commission in accordance with Articles 36, 36-A, 36-B and 36-D of the General Law of Insurance Companies and Mutual Insurance Companies under registry number CNSF-S , dated July 5, SCHEDULE D ENDORSEMENT(S) [Order No. ] Policy No. The following Endorsement(s) is/are hereby attached to and made a part of the policy: D1. ACCESS ENDORSEMENT D2. MARKETABILITY ENDORSEMENT D3. GAP ENDORSEMENT D4. PENDING IMPROVEMENTS ENDORSEMENT D5. SURVEY ENDORSEMENT D6. 1. RESTRICTIONS & ENCROACHMENTS (unimproved) ENDORSEMENT D6. 2. RESTRICTIONS & ENCROACHMENTS (improved) ENDORSEMENT D7. ACCESS EASEMENT ENDORSEMENT D8. AGGREGATED AMOUNT ENDORSEMENT D9. ZONING ENDORSEMENT D10. CONTIGUITY ENDORSEMENT D11. VALID PARCEL ENDORSEMENT D12. SUBSEQUENT INSURANCE INCREASE ENDORSEMENT D13. INCREASED LIABILITY ENDORSEMENT D14 DATE DOWN D18 LEASEHOLD D24 NON-IMPUTATION D25 ENCROACHMENT- FORCED REMOVAL

5 ENDORSEMENT D1 ISSUED BY Order No.: Attached to Policy No. The Company hereby assures the Insured That the Land abuts upon a public street known as: and the Company hereby insures the Insured against loss or damage which the Insured shall sustain in the event the assurances herein shall prove to be incorrect. This Endorsement is made a part of the Policy and is subject to all of the terms and provisions thereof and of any prior Endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the Policy and any prior Endorsements, nor does it extend Date of Policy and any prior Endorsements, nor does it increase Amount of Insurance. This Endorsement shall not be valid or binding unless signed by either a duly authorized officer or agent of the Company. First American Title Insurance de México, S.A de C.V. PRO FORMA By: Authorized Signatory ACCESS

6 ENDORSEMENT D2 ISSUED BY Order No.: Attached to Policy No. The Company hereby insures the Insured against loss or damage sustained by reason of: Unmarketability of Title Unmarketability shall mean an alleged or apparent matter, Recorded in the Public Records, affecting Title to the Land, not excluded or excepted from coverage, which would entitle a purchaser of the Land to be released from the obligation to purchase by virtue of a contractual condition requiring the delivery of marketable Title. Loss or damage under this Endorsement shall not include damages by reason of the unmarketability of Title arising from any claim challenging the validity of Title so long as the Company is ready, willing and able to issue its Policy of Title Insurance, for the rates then in effect, and including coverage substantially the same as the Policy issued herein to a purchaser insuring the Land. This Endorsement is made a part of the Policy and is subject to all of the terms and provisions thereof and of any prior Endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the Policy and any prior Endorsements, nor does it extend Date of Policy and any prior Endorsements, nor does it increase the Amount of Insurance. This Endorsement shall not be valid or binding unless signed by either a duly authorized officer or agent of the Company. First American Title Insurance de México, S.A de C.V. PRO FORMA By: Authorized Signatory MARKETABILITY

7 ENDORSEMENT D3 ISSUED BY Order No.: Attached to Policy No. The Company hereby insures the Insured against loss or damage sustained by reason of the Recording of any deeds, Mortgages, liens or other encumbrances in the Public Records subsequent to Date of Policy, but prior to the Recording of the instrument creating the Insured s Title. This Endorsement is made a part of the Policy and is subject to all of the terms and provisions thereof and of any prior Endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the Policy and any prior Endorsements, nor does it extend Date of Policy and any prior Endorsements, nor does it increase the Amount of Insurance. This Endorsement shall not be valid or binding unless signed by either a duly authorized officer or agent of the Company. First American Title Insurance de México, S.A de C.V. PRO FORMA By: Authorized Signatory GAP

8 ENDORSEMENT D4 ISSUED BY Order No.: Attached to Policy No. Notwithstanding the Amount of Insurance set forth on Schedule A of the Policy, the liability of the Company at Date of Policy is limited to $. Liability hereunder can be increased as contemplated Improvements are made and increment the Amount of Insurance set forth in Schedule A. The amount of insurance available for payment of any loss insured against by this Policy shall include the above stated sum, plus the amount expended by or on behalf of the Insured for additional Improvements located upon the Land at the time the loss occurs, not to exceed the Amount of Insurance set forth in Schedule A. Any such expenditures made for such additional Improvements subsequent to the Date of Policy shall be deemed made as of the Date of Policy. This Endorsement is made a part of the Policy and is subject to all of the terms and provisions thereof and of any prior Endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the Policy and any prior Endorsements, nor does it extend Date of Policy and any prior Endorsements, nor does it increase Amount of Insurance. This Endorsement shall not be valid or binding unless signed by either a duly authorized officer or agent of the Company. First American Title Insurance de México, S.A de C.V. PRO FORMA By: Authorized Signatory PENDING IMPROVEMENTS

9 ENDORSEMENT D5 ISSUED BY Order No.: Attached to Policy No.: The Company insures the insured against loss or damage sustained or incurred by the Insured, in case that the land described in Schedule C is not the same that delineated on the plat of a survey prepared by labeled and dated. This Endorsement is made a part of Policy and is subject to all of the terms and provisions thereof and of any prior Endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of Policy and any prior Endorsements, nor does it extend Date of Policy and any prior Endorsements, nor does it increase Amount of Insurance. This Endorsement shall not be valid or binding unless signed by either a duly authorized officer or agent of the Company. First American Title Insurance de México, S.A de C.V. PRO FORMA By: Authorized Signatory SURVEY

10 ENDORSEMENT D6-1 ISSUED BY Order No.: Attached to Policy No.: The Company insures the Insured against loss or damage sustained by reason of: The existence at Date of Policy of any of the following unless expressly excepted in Schedule B: a. Present violations on the Land of any enforceable covenants, conditions or restrictions. b. Any instrument in Schedule B as containing covenants, conditions or restrictions on the Land which, in addition, (i) establishes an easement on the Land; (ii) provides for an option to purchase, a right of first refusal or the prior approval of a future purchaser or occupant; or (iii) provides a right of reentry, possibility of reverter or right of forfeiture because of violations on the Land of any enforceable covenants, conditions or restrictions. c. Any encroachment onto the Land of existing improvements located on adjoining land. d. Any notices of violation of covenants, conditions and restrictions relating to environmental protection Recorded in the Public Records. Wherever in this Endorsement the words covenants, conditions or restrictions appear, they shall not be deemed to refer to or include the terms covenants, conditions, restrictions or (a) limitations contained in an instrument creating a lease; or (b) above shall not be deemed to refer to or include any covenants, conditions or restrictions relating to environmental protection. This Endorsement is made a part of Policy and is subject to all of the terms and provisions thereof and of any prior Endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of Policy and any prior Endorsements, nor does it extend Date of Policy and any prior Endorsements, nor does it increase Amount of Insurance. This Endorsement shall not be valid or binding unless signed by either a duly authorized officer or agent of the Company. First American Title Insurance de México, S.A de C.V. PRO FORMA By: Authorized Signatory RESTRICTIONS & ENCROACHMENTS (Owners unimproved)

11 ENDORSEMENT D6-2 ISSUED BY Order No.: Attached to Policy No.: The Company insures the Insured against loss or damage sustained by reason of: The existence at Date of Policy of any of the following unless expressly excepted in Schedule B: a. Present violations on the Land of any enforceable covenants, conditions or restrictions, or any existing Improvements on the Land which violate any building setback lines shown on a plat of subdivision Recorded in the Public Records. b. Any instrument referred to in Schedule B as containing covenants, conditions or restrictions on the Land which, in addition, (i) establishes an easement on the Land; (ii) provides for an option to purchase, a right of first refusal or the prior approval of a future purchaser or occupant; or (iii) provides a right of reentry, possibility of reverter or right of forfeiture because of violations on the Land of any enforceable covenants, conditions or restrictions. c. Any encroachment of existing Improvements located on the Land onto adjoining land, or any encroachment onto the Land of existing improvements located on adjoining land. d. Any encroachment of existing Improvements located on the Land onto that portion of the Land subject to any easement set forth in Schedule B. e. Any notices of violation of covenants, conditions and restrictions relating to environmental protection Recorded in the Public Records. Wherever in this Endorsement the words covenants, conditions or restrictions appear, they shall not be deemed to refer to or include the terms covenants, conditions, restrictions or limitations contained in an instrument creating a lease; and when used in paragraphs (a) through (c) above shall not be deemed to refer to or include any covenants, conditions or restrictions relating to environmental protection. This Endorsement is made a part of Policy and is subject to all of the terms and provisions thereof and of any prior Endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of Policy and any prior Endorsements, nor does it extend Date of Policy and any prior Endorsements, nor does it increase Amount of Insurance. This Endorsement shall not be valid or binding unless signed by either a duly authorized officer or agent of the Company.

12 First American Title Insurance de México, S.A de C.V. PRO FORMA By: Authorized Signatory RESTRICTIONS & ENCROACHMENTS (Owners improved)

13 ENDORSEMENT D7 ISSUED BY Order No.: Attached to Policy No. The Company hereby insures the Insured against loss, which the Insured may sustain if the easement described as in Schedule C does not provides the owner of the estate or interest with ingress and egress to and from a public street known as: This Endorsement is made a part of the Policy and is subject to all of the terms and provisions thereof and of any prior Endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the Policy and any prior Endorsements, nor does it extend Date of Policy and any prior Endorsements, nor does it increase Amount of Insurance. This Endorsement shall not be valid or binding unless signed by either a duly authorized officer or agent of the Company. First American Title Insurance de México, S.A de C.V. PRO FORMA By: Authorized Signatory ACCESS - EASEMENT

14 ENDORSEMENT D8 ISSUED BY Order No.: Attached to Policy No.: The following Policies are issued in conjunction with one another: Policy No. Property Description Insured Amounts (in USD) Notwithstanding the provisions of Section 8(a) of the Conditions and Stipulations of this Policy, the Amount of Insurance available to cover the Company s liability for loss or damage under this Policy at the time of Payment of Loss hereunder shall be the aggregate of the Amount of Insurance under this Policy in conjunction with the Policies identified above. At no time shall the Amount of Insurance under this Policy and the other Policies identified above exceed in the aggregate $. Subject to the provisions of Section 10(a) of the Conditions and Stipulations of the Policies, all payments made by the Company under this Policy or any of the other Policies identified above, except the payments made for costs, attorney s fees and expenses, shall reduce the aggregate Amount of Insurance pro tanto. This Endorsement is made a part of the Policy and is subject to all of the terms and provisions thereof and of any prior Endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the Policy and any prior Endorsements, nor does it extend Date of Policy and any prior Endorsements, nor does it increase Amount of Insurance. This endorsement shall not be valid or binding unless signed by either a duly authorized officer or agent of the Company. First American Title Insurance de México, S.A de C.V. PRO FORMA By: Authorized Signatory AGGREGATED AMOUNT

15 ENDORSEMENT D9 ISSUED BY Order No.: Attached to Policy No. The Company hereby insures the Insured against loss or damage sustained or incurred by the Insured by reason of the failure, at Date of Policy: Of the Land to allow the following use: There shall be no liability under this Endorsement based on: a) Lack of compliance with any conditions, restrictions or requirements contained in ( the Documents ), including, but not limited to, the failure to secure necessary consents or authorizations as a prerequisite to the use or uses. b) The invalidity of the Documents until after a final decree of a court of competent jurisdiction adjudicating the invalidity, the effect of which is to prohibit the use or uses. This Endorsement is made a part of the Policy and is subject to all of the terms and provisions thereof and of any prior Endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the Policy and any prior Endorsements, nor does it extend the Date of Policy and any prior Endorsements, nor does it increase Amount of Insurance. This Endorsement shall not be valid or binding unless signed by either a duly authorized officer or agent of the Company. First American Title Insurance de México, S.A de C.V. PRO FORMA By: Authorized Signatory ZONING

16 ENDORSEMENT D10 ISSUED BY Order No.: Attached to Policy No. The Company insures the Insured against loss or damage, which the Insured may sustain by reason of any inaccuracy in the following assurance: Property is contiguous to Property Property is contiguous to Property and taken as a tract, would constitute one parcel. This Endorsement is made a part of the Policy and is subject to all of the terms and provisions thereof and of any prior Endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the Policy and any prior Endorsements, nor does it extend Date of Policy and any prior Endorsements, nor does it increase Amount of Insurance. This Endorsement shall not be valid or binding unless signed by either a duly authorized officer or agent of the Company. First American Title Insurance de México, S.A de C.V. PRO FORMA By: Authorized Signatory CONTIGUITY

17 ENDORSEMENT D11 ISSUED BY Order No.: Attached to Policy No. The Company hereby insures the Insured against loss, including costs, attorneys fees and expenses which the Insured may become obligated to pay in accordance with the terms of the Policy by reason of a final and unappealable court decree of a court of competent jurisdiction which declares or holds that the Land is not a lawfully created parcel according to the Laws of México. This Endorsement is made a part of the Policy and is subject to all of the terms and provisions thereof and of any prior Endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the Policy and any prior Endorsements, nor does it extend Date of Policy and any prior Endorsements, nor does it increase Amount of Insurance. This Endorsement shall not be valid or binding unless signed by either a duly authorized officer or agent of the Company. First American Title Insurance de México, S.A de C.V. PRO FORMA By: Authorized Signatory VALID PARCEL

18 ENDORSEMENT D12 ISSUED BY Order No.: Attached to Policy No. The Company agrees that if written application is made by the Insured to the Company within a period of five years from Date of Policy requesting an increase in the Amount of Insurance for this policy, the Company will increase the Amount of Insurance as requested provided that (a) the increased Amount of Insurance shall not exceed the value of the Land and any Improvements on the date of the application; (b) the Company will not take exception for matters not excepted from coverage in this policy, but the Company may issue its policy subject to liens, defects, encumbrances first created or attaching subsequent to Date of Policy; (c) the Company receives payment of premium for the increased Amount of Insurance ; and (d) the Company shall not be obligated to issue additional insurance which would violate any law or regulation existing at the time application is made, or would exceed the amount of insurance customarily retained by the Company unreinsured, if, after the exercise of its best efforts, it is unable to obtain reinsurance or co-insurance. The Company shall not be obligated to increase the Amount of Insurance if at the time the application is made the Insured has knowledge of a claim under the policy, whether or not notice of the claim has been filed with this Company. This endorsement is made a part of the policy and is subject to all of the terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the policy and any prior endorsements, nor does it extend the effective date of the policy and any prior endorsements, nor does it increase the face amount thereof. First American Title Insurance de México, S.A de C.V. PRO FORMA By: Authorized Signatory SPECIAL SUBSEQUENT INSURANCE

19 ENDORSEMENT D13 ISSUED BY Order No.: Attached to Policy No. SCHEDULE A/COVER SHEET of the Policy is hereby modified as follows: Amount of Insurance is increased from $ to $. EVERY OTHER INFORMATION OF THIS POLICY REMAINS THE SAME. This Endorsement is made a part of the Policy and is subject to all of the terms and provisions thereof and of any prior Endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the Policy and any prior Endorsements, nor does it extend the Date of Policy and any prior Endorsements, nor does it increase the face amount thereof. This Endorsement shall not be valid or binding unless signed by either a duly authorized officer or agent of the Company. First American Title Insurance de México, S.A de C.V. PRO FORMA By: Authorized Signatory INCREASED LIABILITY ENDORSEMENT

20 ENDORSEMENT D14 ISSUED BY Order No.: Attached to Policy No. The information contained in SCHEDULE D of the Policy is hereby modified as follows: The information contained in SCHEDULE of the Policy is hereby modified as follows: ALL OTHER INFORMATION CONTAINED IN THE POLICY REMAINS THE SAME. This Endorsement is made a part of the Policy and is subject to all of the terms and provisions thereof and of any prior Endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the Policy and any prior Endorsements, nor does it extend the Date of Policy and any prior Endorsements, nor does it increase the face amount thereof. This Endorsement shall not be valid or binding unless signed by either a duly authorized officer or agent of the Company. First American Title Insurance de México, S.A de C.V. PRO FORMA By: Authorized Signatory DATE DOWN

21 ENDORSEMENT D18 ISSUED BY Order No.: Attached to Policy No. 1. As used in this Endorsement, the following terms shall mean: a. "Evicted" or "Eviction": (a) the lawful deprivation, removal or dispossession, in whole or in part, of the right of possession Insured by this Policy, contrary to the terms of the Lease or (b) the lawful prevention of the use of the Land or the Tenant Leasehold Improvements for the purposes permitted by the Lease, in either case, as a result of a matter covered by this Policy. b. "Lease": the lease agreement described in Schedule A. c. "Leasehold Estate": the right of possession for the Lease Term. d. "Lease Term": the duration of the Leasehold Estate, including any renewal or extended term if a valid option to renew or extend is contained in the Lease. e. "Personal Property": chattels or movable property located on the Land and property which, because of their character and manner of affixation to the Land, can be severed from the Land without causing appreciable damage to themselves or to the Land to which they are affixed. f. "Remaining Lease Term": the portion of the Lease Term remaining after the Insured has been Evicted as a result of a matter covered by this Policy. g. "Tenant Leasehold Improvements": Those improvements, including landscaping, required or permitted to be built on the Land by the Lease that have been built at the Insured's expense or in which the Insured has an interest greater than the right to possession during the Lease Term. 2. Valuation of Estate or Interest Insured If, in computing loss or damage, it becomes necessary to value the estates or interests of the Insured as the result of a covered matter that results in an Eviction, then that value shall consist of the value for the Remaining Lease Term of the Leasehold Estate and any Tenant Leasehold Improvements existing on the date of the Eviction. The Insured Claimant shall have the right to have the Leasehold Estate and the Tenant Leasehold Improvements valued either as a whole or separately. In either event, this determination of value shall take into account rent no longer required to be paid for the Remaining Lease Term. 3. Additional items of loss covered by this Endorsement: If the Insured is Evicted, the following items of loss, if applicable, shall be included in computing loss or damage incurred by the Insured, but not to the extent that the same are included in the valuation of the estates or interests insured by this Policy.

22 a. The reasonable cost of removing and relocating any Personal Property that the Insured has the right to remove and relocate, situated on the Land at the time of Eviction, the cost of transportation of that Personal Property for the initial one hundred kilometers incurred in connection with the relocation, and the reasonable cost of repairing the Personal Property damaged by reason of the removal and relocation. b. Rent or damages for use and occupancy of the Land prior to the Eviction which the Insured as owner of the Leasehold Estate is obligated to pay to any person having paramount title to that of the lessor in the Lease. c. The amount of rent that, by the terms of the Lease, the Insured must continue to pay to the lessor after Eviction with respect to the portion of the Leasehold Estate and Tenant Leasehold Improvements from which the Insured has been Evicted. d. The fair market value, at the time of the Eviction, of the estate or interest of the Insured in any lease or sublease made by the Insured as lessor of all or part of the Leasehold Estate or the Tenant Leasehold Improvements. e. Damages that the Insured is obligated to pay to lessees or sublessees on account of the breach of any lease or sublease made by the Insured as lessor of all or part of the Leasehold Estate or the Tenant Leasehold Improvements caused by the Eviction f. Reasonable costs incurred by the Insured to secure a replacement leasehold equivalent to the Leasehold Estate. g. If Tenant Leasehold improvements are not substantially completed at the time of Eviction, the actual cost incurred by the Insured, less the salvage value, for the Tenant Leasehold Improvements up to the time of Eviction. Those costs include costs incurred to obtain land use, zoning, building and occupancy permits, architectural and engineering fees, construction management fees, costs of environmental testing and reviews, landscaping costs and fees, costs and interest on loans for the acquisition and construction. 4. This endorsement does not insure against loss, damage or costs of remediation (and the Company will not pay costs, attorneys fees or expenses) resulting from environmental damage or contamination. This Endorsement is made a part of the Policy and is subject to all of the terms and provisions thereof and of any prior Endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the Policy and any prior Endorsements, nor does it extend the Date of Policy and any prior Endorsements, nor does it increase the face amount thereof. This Endorsement shall not be valid or binding unless signed by either a duly authorized officer or agent of the Company. First American Title Insurance de México, S.A de C.V. PRO FORMA By: Authorized Signatory LEASEHOLD

23 ENDORSEMENT D24 ISSUED BY Order No.: Attached to Policy No. The Company agrees that it will not assert the provisions of Exclusions from Coverage 3 (a), (b) or (e) to deny liability for loss or damage otherwise insured against under the terms of the Policy solely by reason of the action or inaction or Knowledge, as of Date of Policy, of, whether or not imputed to the Insured by operation of law, provided acquired the Insured value without Knowledge of the asserted defect, lien, encumbrance, adverse claim or other matter insured against by the Policy. This Endorsement is made a part of the Policy and is subject to all of the terms and provisions thereof and of any prior Endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the Policy and any prior Endorsements, nor does it extend Date of Policy and any prior Endorsements, nor does it increase Amount of Insurance. This Endorsement shall not be valid or binding unless signed by either a duly authorized officer or agent of the Company. First American Title Insurance de México, S.A de C.V. PRO FORMA By: Authorized Signatory NON-IMPUTATION

24 ENDORSEMENT D25 ISSUED BY Order No.: Attached to Policy No. The Company insures the Insured against loss or damage sustained by reason of any final court order or judgment requiring the removal of the encroachment or encroachments excepted in Paragraph on Schedule B of the Policy. This Endorsement is made a part of the Policy and is subject to all of the terms and provisions thereof and of any prior Endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the Policy and any prior Endorsements, nor does it extend Date of Policy and any prior Endorsements, nor does it increase Amount of Insurance. This Endorsement shall not be valid or binding unless signed by either a duly authorized officer or agent of the Company. First American Title Insurance de México, S.A de C.V. PRO FORMA By: Authorized Signatory ENCROACHMENT FORCED REMOVAL

25 Article 25 of the Insurance Law ( Ley Sobre el Contrato de Seguro ): In the event the contents of the Policy or any amendments thereto fail to agree with that offered, the Insured may request correction within 30 days following the day in which the Insured receives the Policy. After such term has transpired it shall be deemed that the Insured has agreed to the stipulations of the Policy and its amendments. OWNER S POLICY OF TITLE INSURANCE Issued by Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be given to the Company pursuant to Section 18 of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B, AND THE CONDITIONS, First American Title Insurance de México, S.A. de C.V., formed pursuant to the laws of the United Mexican States, (the Company ) insures for matters created or attaching on or before the Date of Policy against actual loss, not exceeding the Amount of Insurance, sustained by the Insured by reason of: 1. Title being vested other than as stated in Schedule A. 2. Any defect in or lien, Mortgage or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from: (a) A defect in the Title caused by: (i) forgery, fraud, undue influence, duress, incompetence, incapacity, or impersonation; (ii) failure of any person or Entity to have properly authorized a transfer or conveyance; (iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, or notarized; (iv) a document executed under a falsified, expired, revoked or otherwise invalid power of attorney; (v) a document not properly Recorded; or (vi) a defective judicial or administrative proceeding. (b) The lien resulting from the lack of or improper payment of real property taxes or assessments due and payable and imposed on the Title by a governmental authority. (c) A servitude or right of way 3. No legal right of access to and from the Land. 4. Recorded covenants on the Title limiting the use of the Land; 5. Others having rights arising out of leases, contracts or options on the Title;

26 6. The invalidity of any conveyance or transfer of the Title derived through a deceased s estate; 7. The invalidity of any conveyance or transfer of the Title caused by the marital regime of the persons executing a document upon which Title is based. 8. Estate or inheritance tax liens on the Title; 9. An erroneous or inadequate legal description of the Land affecting the Title. 10. The exercise of the rights of eminent domain, expropriation or similar rights conferred under the Laws if a notice of the exercise, describing any part of the Land, is Recorded. 11. A claim of Ejido, Colonia or Comunidad land ownership. THE COMPANY WILL ALSO PAY THE COSTS, LEGAL FEES, AND EXPENSES FOR THE DEFENSE OF ANY MATTER INSURED AGAINST BY THIS POLICY, BUT ONLY TO THE EXTENT PROVIDED IN THE CONDITIONS.

27 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss, costs, legal fees, or expenses that arise by reason of: 1. (a) Any Law (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to: (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any Improvement now or hereafter erected on the Land; (iii) the subdivision, fusion or merger of real property; or (iv) environmental protection; (b) The effect of any violation of the Laws referred to in Exclusion 1(a); (c) Any servitude created by the Laws referred to in Exclusion 1(a); or (d) Any governmental power not excluded by Exclusion 1(a), 1(b), or 1(c). 2. Rights of eminent domain, expropriation or similar rights conferred under the Laws, unless notice of the exercise thereof has been Recorded. This Exclusion does not modify or limit the coverage provided under Covered Risk Defects, liens, Mortgages, encumbrances, adverse claims, or other matters, whether or not Recorded: (a) created, permitted, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss to the Insured Claimant; (d) created or attaching to the Title subsequent to Date of Policy; or (e) resulting in loss that would not have been sustained if the Insured Claimant had paid actual value for the Title. 4. Any claim by reason of the operation of bankruptcy, insolvency, or similar creditors rights Laws or laws. 5. Claims, title, rights of access, rights of entry to, rights of exploration for and permits for exploitation of any natural resources including, but not limited to, water, timber, minerals of every kind and nature, oil, gas and all other hydrocarbons. 6. Claims by indigenous, aboriginal, native or similar groups or persons based solely upon their status as a member of one or more of these groups. This

28 Exclusion does not modify or limit the coverage provided under Covered Risk Any claim against the Title filed or asserted by any parties in courts outside of the United Mexican States. 8. Any inaccuracy in the area of the Land. CONDITIONS 1. DEFINITION OF TERMS The following terms when used in this policy mean: (a) Amount of Insurance : The amount specified in Schedule A, as may be increased by Section 8 (c) (i) of these Conditions or endorsement to this policy or decreased by Section 10 of these Conditions or by endorsement to this policy. (b) Colonia : Agrarian nucleus known as Colonias Agrícolas y Ganaderas described in the Agrarian Law. (c) Comunidad : Agrarian nucleus as described in the Political Constitution of the United Mexican States and the Agrarian Law. (d) Date of Policy : The date specified as Date of Policy in Schedule A. (e ) Ejido : Agrarian nucleus as described in the Political Constitution of the United Mexican States and the Agrarian Law. (f) Entity : A corporation, partnership, trust, limited liability company, or other similar legal entity. (g) Improvements : buildings, fixtures, infrastructure and other improvements constructed on or beneath the Land that by Law constitute real property. (h) Insured : The party named in Schedule A. (i) The term "Insured" also includes: (A) successors to the Title of the Insured by operation of law as distinguished from purchase, including heirs and devisees,; (B) successors to an Insured by dissolution, merger, liquidation, consolidation, or split; (C) successors to an Insured by its conversion to another kind of Entity; (D) a grantee of an Insured under a deed delivered without payment of actual valuable consideration conveying the Title if (1) the stock, shares, memberships, or other equity interests of the grantee are wholly-owned by the named Insured,

29 (2) the grantee wholly owns the named Insured, (3) the grantee is wholly-owned by an affiliated Entity of the named Insured, provided the affiliated Entity and the named Insured are both wholly-owned by the same person or Entity, or (4) the grantee is a trustee or beneficiary of a trust created by a written instrument established by the Insured named in Schedule A for estate planning purposes. (ii) with regard to (A), (B), (C), and (D) reserving, however, all rights and defenses as to any successor that the Company would have had against any predecessor Insured. (i) "Insured Claimant": An Insured claiming loss under this policy. (j) "Knowledge," "Known" or Knows : Actual knowledge, not knowledge or notice that may be imputed to an Insured by reason of the Public Records or any other records that impart notice of matters affecting the Title. (k) "Land": The land described in Schedule C, and Improvements. The term "Land does not include any property beyond the lines of the area described in Schedule C, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or bodies of water, but this does not modify or limit the extent that a legal right of access to and from the Land is insured by this policy. (l) Law or Laws : Law(s), treaty(ies), ordinance(s), order(s), codes(s), rule(s), decree(s) permit (s) or governmental regulation(s) of the United Mexican States and political subdivisions within its boundaries. (m) "Mortgage": Mortgage, hypotheque, guarantee trust, pledge, or any other instrument used to secure debt (n) "Public Records": Those records, including inscriptions, in the Public Registry of Property and Commerce (Registro Público de la Propiedad y del Comercio) and the National Agrarian Registry (Registro Agrario Nacional) in which Mortgages, deeds and other documents that convey title to the Land must be Recorded in order to provide actual, constructive notice of their contents. (o) Record, Recording or Recorded : record, index, annotate and/or register in the Public Records. (p) Title : The estate or interest described in Schedule A. Whenever undefined words are used in the language of this policy the fair meaning of the words shall be used to determine the application or non-application of the words with respect to the risk, claim, interest or other matter. 2. CONTINUATION OF INSURANCE The coverage of this policy shall continue in force as of Date of Policy in favor of an Insured, but only so long as the Insured retains an estate or interest in the Land, holds an obligation secured by a purchase money Mortgage given by a purchaser from the Insured, or shall have liability by reason of warranties in any transfer or conveyance of the Title. This policy shall

30 not (a) continue in force in favor of any purchaser from the Insured of either (i) an estate or interest in the Land, or (ii) an obligation secured by a purchase money Mortgage given to the Insured, or (b) be assigned, or (c) be pledged. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT The Insured Claimant shall notify the Company promptly in writing, but in no event later than (a) fourteen (14) calendar days from the date when the Insured learns of any claim of title or interest that is adverse to the Title, as insured, and that might cause loss for which the Company may be liable by virtue of this policy, or (b) four (4) business days from the date on which service of process formally notifying the Insured, or, if different, the party named in Schedule A, Section 3, of any litigation or proceeding is served. The four (4) business day time period shall be measured from the earliest date that service is made on any Insured or the party named in Schedule A, Section 3. Due to the stringent time requirements imposed by the Mexican court system, if formal notice of litigation or other proceeding is served on the Insured or, if different, the party named in Schedule A, Section 3, failure to give written notification of this fact to the Company within four (4) business days of the earliest receipt of such notice of litigation or other proceeding shall be deemed a failure to give prompt notice under this Section 3. If the Company is prejudiced by the failure of the Insured Claimant to give prompt notice or such notification, the Company s liability to the Insured Claimant under this policy shall be reduced to the extent of the prejudice. 4. PROOF AND CALCULATION OF LOSS To enable the Company to determine and satisfy itself as to the amount of actual loss suffered by the Insured Claimant in the event that the Company is unable to successfully defend, cure or settle the insured defect in Title or adverse claim or matter, the Insured Claimant must furnish a signed proof of actual loss. The proof of actual loss must: (a) Describe the defect, lien, encumbrance, or other matter insured against by this policy that constitutes the basis of actual loss, and (b) Provide a calculation of the actual loss in accordance with Section 8 of this policy. 5. DEFENSE AND PROSECUTION OF ACTIONS (a) Upon written request by the Insured, and subject to the options contained in Section 7 of these Conditions, the Company, at its own cost and without unreasonable delay, shall provide for the defense of an Insured Claimant in litigation in which any third party asserts a claim adverse to the Insured and covered by this policy. This obligation is limited to only those stated causes of action alleging matters insured against by this policy. During any period of war, insurrection, riot, civil unrest, act of a public enemy, epidemic, quarantine restriction, governmental restriction, nationalization, force majeure, caso fortuito or other similar cause beyond the reasonable control and without the fault of the Company that impairs the ability of the Company to provide such defense, this obligation shall be suspended. The Company shall not have liability for loss arising from any adverse ruling during such period of suspension, or for any other loss arising from a delay in providing the defense under this section, as a result of the incidents giving rise to such suspension.

31 (b) The Company shall have the right to select lawyers of its choice (subject to the right of the Insured to object for reasonable cause) to represent the Insured as to those stated causes of action. It shall not be liable for and will not pay the fees of any other lawyers. The Company will not pay any fees, costs, or expenses incurred by the Insured in the defense of those causes of action that allege matters not insured against by this policy. (c) The Company shall have the right, in addition to the options contained in Section 7 of these Conditions, at its own cost, to institute and prosecute any action or proceeding or to do any other act that in its opinion may be necessary or desirable to establish the Title, as insured, or to prevent or reduce loss to the Insured. The Company may take any appropriate action under the terms of this policy in respect of any claim, whether or not it is liable to the Insured to meet such claim under the policy terms. The exercise of these rights shall not be an admission of liability or waiver of any provision of this policy unless expressly stated otherwise in writing by the Company. If the Company exercises its rights under this subsection, it must do so diligently. (d) Whenever the Company brings an action or asserts a defense as required or permitted by this policy, the Company may pursue the litigation, notwithstanding that the Title may be affected by an injunction or interdict, to a final determination by a court of competent jurisdiction, and it expressly reserves the right, in its sole discretion, to reasonably appeal or take other legal means to set aside any adverse judgment or order. 6. DUTY OF INSURED CLAIMANT TO COOPERATE (a) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding and any appeals, the Insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, including the right to use, at its option, the name of the Insured for this purpose. Whenever requested by the Company, the Insured, at the Company's expense, shall give the Company all reasonable aid (i) in securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act that in the reasonable opinion of the Company may be necessary or desirable to establish the Title or any other matter as insured. If the Company is prejudiced by the failure of the Insured to furnish the required cooperation, the Company's obligations to the Insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. (b) The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized representative of the Company and to produce for examination, inspection, and copying, at such reasonable times and places as may be designated by the authorized representative of the Company, all records, in whatever medium maintained, including books, ledgers, checks, memoranda, correspondence, reports, s, disks, tapes, and videos whether bearing a date before or after Date of Policy, that reasonably pertain to the loss. Further, if requested by any authorized representative of the Company, the Insured Claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect, and copy all of these records in the custody or control of a third party that reasonably pertain to the loss. All information designated as confidential by the Insured Claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Insured Claimant to submit for examination under oath produce any

32 reasonably requested information, or grant permission to secure reasonably necessary information from third parties as required in this subsection, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this policy as to that claim, including any liability or obligation to defend, prosecute or continue any litigation. 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY In case of a claim under this policy, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Insurance. To pay or tender payment of the Amount of Insurance under this policy together with any costs, legal fees, and expenses incurred by the Insured Claimant that were authorized in writing by the Company up to the time of payment or tender of payment and that the Company is obligated to pay. Upon the exercise by the Company of this option, all liability and obligations of the Company to the Insured under this policy, other than to make the payment required in this subsection, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. (b) To Pay or Otherwise Settle With Parties Other Than an Insured or With the Insured Claimant. (i) to pay or otherwise settle with other parties for or in the name of an Insured Claimant any claim insured against under this policy. In addition, the Company will pay any costs, legal fees, and expenses incurred by the Insured Claimant that were authorized in writing by the Company up to the time of payment and that the Company is obligated to pay; or (ii) to pay or otherwise settle with the Insured Claimant the loss provided for under this policy, together with any costs, legal fees, and expenses incurred by the Insured Claimant that were authorized in writing by the Company up to the time of payment and that the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in subsections (b)(i) or (b)(ii), the Company's obligations to the Insured under this policy for the claimed loss, other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. 8. DETERMINATION AND EXTENT OF LIABILITY This policy is a contract of indemnity against actual monetary loss sustained or incurred by the Insured Claimant who has suffered loss by reason of matters insured against by this policy. (a) The extent of liability of the Company for loss under this policy shall not exceed the lesser of (i) the Amount of Insurance, or (ii) the difference between the value of the Title as insured and the value of the Title subject to the defects, liens, Mortgages, encumbrances, adverse claims, or other matters insured against by this policy.