ALTA COMMITMENT FOR TITLE INSURANCE Issued By: Commitment Number: 5271-1401342 CHICAGO TITLE INSURANCE COMPANY, a Nebraska corporation ( Company ), for a valuable consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements; all subject to the provisions of Schedules A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this Commitment shall cease and terminate ninety (90) days after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue the policy or policies is not the fault of the Company. The Company will provide a sample of the policy form upon request. This Commitment shall not be valid or binding until countersigned by a validating officer or authorized signatory. IN WITNESS WHEREOF, CHICAGO TITLE INSURANCE COMPANY has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A. Chicago Title Insurance Company By: Countersigned By: Attest: President Authorized Officer or Agent Secretary Page 1
ISSUING OFFICE: Main Phone: (217)789-9863 FOR SETTLEMENT INQUIRIES, CONTACT: SCHEDULE A ORDER NO. 5271-1401342 1. Effective Date: August 1, 2014 2. Policy or (Policies) to be issued: a. ALTA Owner's Policy 2006 Proposed Insured: To Be Determined Policy Amount: To Be Determined 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: G.O. Head Farms, Inc. 5. The land referred to in this Commitment is described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF END OF SCHEDULE A Page 2
EXHIBIT "A" Legal Description For APN/Parcel ID(s): 01-26-400-001 and 01-26-200-001 The Southeast quarter of Section 26, Township 15 North, Range 14 West of the Third Principal Meridian and the Northeast quarter of Section 26, Township 15 North, Range 14 West of the Third Principal Meridian. The above described tract of land containing 324.77 acres is based upon an actual boundary survey completed by the Jones Surveying and Engineering Corporation, during the month of October, 2014 and is subject to all road right-of-ways, easements of record and/or prescription, restrictions, reservations and conditions of record. If any. Situated in Scott County, Illinois Page 3
Name and Address of Title Insurance Agent: SCHEDULE B Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company: GENERAL EXCEPTIONS 1. RIGHTS OR CLAIMS OF PARTIES IN POSSESSION NOT SHOWN BY PUBLIC RECORD. 2. ANY ENCROACHMENT, ENCUMBRANCE, VIOLATION, VARIATION, OR ADVERSE CIRCUMSTANCE AFFECTING THE TITLE THAT WOULD 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 LAW AND NOT SHOWN BY THE PUBLIC RECORDS. 5. TAXES OR SPECIAL ASSESSMENTS WHICH ARE NOT SHOWN AS EXISTING LIENS BY THE PUBLIC RECORDS. SCHEDULE B OF THE POLICY OR POLICIES TO BE ISSUED WILL CONTAIN EXCEPTIONS TO THE FOLLOWING MATTERS UNLESS THE SAME ARE DISPOSED OF TO THE SATISFACTION OF THE COMPANY. NOTE FOR INFORMATION: THE COVERAGE AFFORDED BY THIS COMMITMENT AND ANY POLICY ISSUED PURSUANT HERETO SHALL NOT COMMENCE PRIOR TO THE DATE ON WHICH ALL CHARGES PROPERLY BILLED BY THE COMPANY HAVE BEEN FULLY PAID. 6. DEFECTS, LIENS, ENCUMBRANCES, ADVERSE CLAIMS OR OTHER MATTERS, IF ANY, CREATED, FIRST APPEARING IN THE PUBLIC RECORDS OR ATTACHING SUBSEQUENT TO THE EFFECTIVE DATE HEREOF BUT PRIOR TO THE DATE THE PROPOSED INSURED ACQUIRES FOR VALUE OF RECORD THE ESTATE OR INTEREST OR MORTGAGE THEREON COVERED BY THIS COMMITMENT. 7. AN ALTA LOAN POLICY WILL BE SUBJECT TO THE FOLLOWING EXCEPTIONS (A) AND (B), IN THE ABSENCE OF THE PRODUCTION OF DATA AND OTHER ESSENTIAL MATTERS DESCRIBED IN OUR STATEMENT REQUIRED FOR THE ISSUANCE OF ALTA OWNERS AND LOAN POLICIES (ALTA STATEMENT). (A) ANY LIEN, OR RIGHT TO A LIEN, FOR SERVICES, LABOR, OR MATERIAL HERETOFORE OR HEREAFTER FURNISHED, IMPOSED BY LAW AND NOT SHOWN BY THE PUBLIC RECORDS; (B) CONSEQUENCES OF THE FAILURE OF THE LENDER TO PAY OUT PROPERLY THE WHOLE OR ANY PART OF THE LOAN SECURED BY THE MORTGAGE DESCRIBED IN SCHEDULE A, AS AFFECTING; (I) THE VALIDITY OF THE LIEN OF SAID MORTGAGE; AND (II) THE PRIORITY OF THE LIEN OVER ANY OTHER RIGHT, CLAIM, LIEN OR ENCUMBRANCE WHICH HAS OR MAY BECOME SUPERIOR TO THE LIEN OF SAID MORTGAGE BEFORE THE DISBURSEMENT OF THE ENTIRE PROCEEDS OF THE LOAN. Page 4
Name and Address of Title Insurance Agent: SCHEDULE B (continued) 8. Taxes for the years 2013 and 2014. Taxes for the years 2014 are not yet due or payable. Permanent Tax No.: 01-26-400-001 Note: Taxes for the year 2013 amounting to $1,654.44 are PAID. Permanent Tax No.: 01-26-200-001 Note: Taxes for the year 2013 amounting to $1,470.98 are PAID. 9. Rights of the public, the State of Illinois and the municipality in and to that part of the Land, if any, taken or used for road purposes. 10. Rights of Way for drainage tiles, ditches, feeders, laterals and underground pipes, if any. 11. Rights of any adjoiniing owners to the uninterrupted flow of any stream that may cross the premises. 12. Rights of any adjoining owner(s) of land bordering on any creek or stream with running through the land with respect to the water and use of the surface of said body of water. 13. Agreement for Easement recorded June 6, 1990 in Book 27 of Miscellaneous at Page 128 as Document 23314 made by and between Head Farms, Inc. and Scott County Drainage and Levee District of Scott County, Illinois. 14. The land is located within the Scott County Drainage and Levee District and as such are subject to assessments for benefits derived therefrom. 15. The acreage indicated in the legal description on Schedule A is solely for the purpose of identifying the Land. The Company does not insure the quantity of the Land. Page 5
Name and Address of Title Insurance Agent: SCHEDULE B (continued) 16. In order to provide many of our specialized endorsements and our endorsement over General Exceptions 1 through 5, this company must be furnished with an ALTA Statement executed by the Seller, Lender and Borrower, and an ALTA/ACSM survey showing all recorded easements, apparent easements and all improvements on the land and certified to Chicago Title Insurance Company. For clearance of Schedule B, Item 6 a GAP Undertaking will be required. PLEASE DIRECT ALL ENDORSEMENT REQUESTS TO THE TITLE OFFICER/EXAMINER AS THE CLOSING DEPARTMENT DOES NOT HAVE THE NECESSARY PERMISSIONS TO AUTHORIZE YOUR ENDORSEMENT REQUESTS. For clearance of Schedule B, Item 7 (a) & (b) (CONCERNING ANY LOAN POLICY), ALTA Statement will be required, signed by Owner/Seller, Purchaser/Borrower. IN THE ABSENCE OF THE ALTA/ACSM SURVEY THE LOAN POLICY WILL BE SUBJECT TO THE FOLLOWING EXCEPTIONS: 1. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the title that would be disclosed by an accurate and complete land survey of the land. 2. Easements, or claims of easements, not shown by public records. 17. Note for information (Endorsement Requests): All endorsement requests should be made prior to closing to allow ample time for the company to examine required documentation. (This note will be waived for policy). 18. Effective June 1, 2009, pursuant to Public Act 95-988, satisfactory evidence of identification must be presented for the notarization of any and all documents notarized by an Illinois notary public. Satisfactory identification documents are documents that are valid at the time of the notarial act; are issued by a state or federal government agency; bear the photographic image of the individual s face; and bear the individual s signature. 19. The "Good Funds" section of the Title Insurance Act (215 ILCS 155/26) is effective January 1, 2010. This Act places limitations upon our ability to accept certain types of deposits into escrow. Please contact your local Chicago Title Insurance Title office regarding the application of this new law to your transaction. END OF SCHEDULE B Page 6
CONDITIONS 1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5. The policy to be issued 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 the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at http://www.alta.org. END OF CONDITIONS Page 7