302-12 Illinois Michigan Canal - Land Acquired Form.pdf

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Attached to
EXEMPT NOTICE: DNR Real Estate Acquisition, Illinois & Michigan Canal SP
Solicitation number
25-422DNR-REALT-B-47382
Issued by
Grundy County, Illinois

About this file

This document is a land acquisition form from the Illinois Department of Natural Resources for the Illinois and Michigan Canal State Park project in Grundy County. The document details the acquisition of approximately 141.94 acres of rural land near Morris, Illinois, from JB Family Holdings LP for $570,000, which is noted as a donation. The property is located in the Southeast 1/4 of Section 21, Southwest 1/4 of Section 22, and Northeast 1/4 of Section 28, Township 34 North, Range 8 East of the Third Principal Meridian, with the land being situated in Aux Sable Township.

The title insurance policy number is 21015569GR, and the deed was dated and recorded in July 2024. The land consists of 96.45 acres of grass and 45.49 acres of other terrain. Multiple permanent parcel numbers are associated with the property, including 03-21-400-011, 03-21-400-014, 03-22-300-015, 03-28-200-006, 03-28-200-007, and 03-21-400-015. The acquisition includes several existing gas and pipeline easements, and the property is being acquired for the Illinois and Michigan Canal State Park project. The document indicates there are federal funding use restrictions attached to the land transfer.

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INFORMATION RE: LAND ACQUIRED FOR THE

DEPARTMENT OF NATURAL RESOURCES

PROJECT Illinois and Michigan Canal State Park COUNTY Grundy PARCEL NO. 302-12 FEDERAL INTEREST (Y/N) N HISTORIC SITE: (Y/N) __N__ LOCATION CODE 50-3021-1______ LEGAL DESCRIPTION See attached plat attached for full legal description.

PROPERTY ADDRESS rural land, Morris, IL 60450

TITLE INSURANCE POLICY NUMBER 21015569GR

ACQUIRED BY DEED(S) dated 07/15/24 and recorded 07/19/2024 , as Document No. 626662__ ACQUIRED FROM: JB Family Holdings LP

BREAKDOWN OF COST BREAKDOWN OF ACREAGE

IMPROVEMENTS $ NA TIMBER ACRES

GRASS ACRES 96.45+/-

LAND VALUE $ 570,000.00 TILLABLE ACRES

RESIDENTIAL LOT

MISC. COST $ NA OTHER 45.49+/-

ABANDONED RAILROAD

TOTAL VALUE $ 570,000.00_(Donation) TOTAL ACRES 141.94+/-

ACQUIRED BUILDINGS: None Information relative to any verbal or written commitments or rights retained by Seller(s) or other parties, in regard to crops, pasture, possession, building occupancy, etc. (If none, so state): Federal funding use restrictions (see attached).

cc: Carey L. Mayer COUNTY PERMANENT PROPERTY TAX NO.

Calvin Beckman Dave Berry 03-21-400-011, 03-21-400-014, 03-22-300-015 Jayette Bolinski 03-28-200-006, 03-28-200-007, 03-21-400-015___ Abby Bybee Mike Chandler Dawn Cobb Kristie DeBrun Lisa Dowson Lisa Ferguson Appropriation Code & Amount Robert B. Spencer Donation____________________ Pam Gray _____________________________________________ Nathan Grider Justin Mabley Chad Hickman Fund & Amount Ann Holtrop Donation______________________________________ John T. Kirchgesner Jason Kuhlman Amanda Long City: Morris Paula Martel Representative District: 75 Brian Rennecker Senate District: 38 Todd Strole Congressional District: 16 Tari Tweddale Mike Wefer DATE SENT OUT: 04/10/2025 Jennifer Wellman Jed Whitchurch Kami Windisch Melissa Yager Laura Verden John Wilker

ALTA OWNER'S POLICY OF TITLE INSURANCE

Policy Number:

21015569GR

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 as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.

ALTA Owner's Policy (06/17/2006) Printed: 04.07.25 @ 12:33 PM

Page 1 IL-CT-FSWA-01080.225257-SPS-72306-1-24-21015569GR

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 at the address shown in Section 18 of the Conditions.

COVERED RISKS

SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B, AND THE CONDITIONS, CHICAGO TITLE INSURANCE COMPANY, a Florida corporation (the "Company") insures, as of Date of Policy and, to the extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of:

1. Title being vested other than as stated in Schedule A.

2. Any defect in or lien 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, incompetency, incapacity, or impersonation;

(ii) failure of any person or Entity to have authorized a transfer or conveyance;

(iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or delivered;

(iv) failure to perform those acts necessary to create a document by electronic means authorized by law;

(v) a document executed under a falsified, expired, or otherwise invalid power of attorney;

(vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic means authorized by law; or

(vii) a defective judicial or administrative proceeding.

(b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid.

(c) 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. The term "encroachment" includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land.

3. Unmarketable Title.

4. No right of access to and from the Land.

5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to

(a) the occupancy, use, or enjoyment of the Land;

(b) the character, dimensions, or location of any improvement erected on the Land;

(c) the subdivision of land; or

(d) environmental protection if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to the extent of the violation or enforcement referred to in that notice.

6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice.

CHICAGO TITLE INSURANCE COMPANY OWNER'S POLICY NO. 21015569GR

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 as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.

ALTA Owner's Policy (06/17/2006) Printed: 04.07.25 @ 12:33 PM

Page 2 IL-CT-FSWA-01080.225257-SPS-72306-1-24-21015569GR

7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records.

8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge.

9. Title being vested other than as stated in Schedule A or being defective

(a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws; or

(b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws by reason of the failure of its recording in the Public Records

(i) to be timely, or

(ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor.

10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A.

The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against by this Policy, but only to the extent provided in the Conditions.

IN WITNESS WHEREOF, CHICAGO TITLE INSURANCE COMPANY has caused this policy to be signed and sealed by its duly authorized officers.

Chicago Title Insurance Company By:

Michael J. Nolan, President Attest:

Marjorie Nemzura, Secretary

The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.

ALTA Owner's Policy (06/17/2006) Printed: 04.07.25 @ 12:33 PM

Page 3 IL-CT-FSWA-01080.225257-SPS-72306-1-24-21015569GR

EXCLUSIONS FROM COVERAGE

The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of:

1. (a) Any law, ordinance, permit, or governmental regulation (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 erected on the Land;

(iii) the subdivision of land; or

(iv) environmental protection;

or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5.

(b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6.

2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.

3. Defects, liens, encumbrances, adverse claims, or other matters

(a) created, suffered, assumed, or agreed to by the Insured Claimant;

(b) not Known to the Company, not recorded in the Public Records at Date of Policy, 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 or damage to the Insured Claimant;

(d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or

(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title.

4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors’ rights laws, that the transaction vesting the Title as shown in Schedule A, is

(a) a fraudulent conveyance or fraudulent transfer; or

(b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy.

5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A.

The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.

ALTA Owner's Policy (06/17/2006) Printed: 04.07.25 @ 12:33 PM

Page 4 IL-CT-FSWA-01080.225257-SPS-72306-1-24-21015569GR

CHICAGO TITLE INSURANCE COMPANY OWNER'S POLICY NO. 21015569GR

SCHEDULE A

Address Reference: approx 140 acres, Morris, IL 60450 Date of Policy Amount of Insurance July 19, 2024 $570,000.00

1. Name of Insured:

The People of the State of Illinois, Department of Natural Resources

2. The estate or interest in the Land that is insured by this policy is:

Fee Simple

3. Title is vested in:

The People of the State of Illinois, Department of Natural Resources

4. The Land referred to in this policy is described as follows:

SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF

THIS POLICY VALID ONLY IF SCHEDULE B IS ATTACHED

END OF SCHEDULE A

OWNER'S POLICY NO. 21015569GR

EXHIBIT "A"

Legal Description

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 as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.

ALTA Owner's Policy (06/17/2006) Printed: 04.07.25 @ 12:33 PM

Page 5 IL-CT-FSWA-01080.225257-SPS-72306-1-24-21015569GR

THAT PART OF THE SOUTHEAST 1/4 OF SECTION 21 AND THE SOUTHWEST 1/4 OF SECTION 22

AND THE NORTHEAST 1/4 OF SECTION 28, TOWNSHIP 34 NORTH, RANGE 8 EAST OF THE THIRD

PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS:

BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHWEST 1/4 OF SAID SECTION 22;

THENCE NORTH 89 DEGREES 11 MINUTES 03 SECONDS EAST 2,690.02 FEET TO THE

NORTHEAST CORNER OF SAID SOUTHWEST 1/4; THENCE SOUTH 0 DEGREES 17 MINUTES 11

SECONDS EAST 1,619.12 FEET TO THE NORTHERLY LINE OF THE ILLINOIS AND MICHIGAN

CANAL RESERVE; THENCE NORTH 85 DEGREES 26 MINUTES 55 SECONDS WEST 420.55 FEET

ON SAID NORTHERLY LINE; THENCE NORTH 89 DEGREES 26 MINUTES 05 SECONDS WEST

286.20 FEET ON SAID NORTHERLY LINE; THENCE SOUTH 84 DEGREES36 MINUTES 49 SECONDS

WEST 154.82 FEET ON SAID NORTHERLY LINE; THENCE SOUTH 79 DEGREES 25 MINUTES 42

SECONDS WEST 213.25 FEET ON SAID NORTHERLY LINE; THENCE SOUTH 74 DEGREES 50

MINUTES 23 SECONDS WEST 145.83 FEET ON SAID NORTHERLY LINE; THENCE SOUTH 69

DEGREES 21 MINUTES 29 SECONDS WEST 245.98 FEET ON SAID NORTHERLY LINE; THENCE

SOUTH 63 DEGREES 12 MINUTES 54 SECONDS WEST 234.00 FEET ON SAID NORTHERLY LINE;

THENCE SOUTH 58 DEGREES 26 MINUTES 51 SECONDS WEST 159.15 FEET ON SAID

NORTHERLY LINE; THENCE NORTH 57 DEGREES 39 MINUTES 04 SECONDS WEST 70.05 FEET

ON SAID NORTHERLY LINE; THENCE SOUTH 59 DEGREES 18 MINUTES 11 SECONDS WEST

1,003.00 FEET ON SAID NORTHERLY LINE TO THE WEST LINE OF SAID SOUTHWEST 1/4;

THENCE SOUTH 59 DEGREES 23 MINUTES 24 SECONDS WEST 524.36 FEET ON SAID

NORTHERLY LINE TO THE SOUTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 21; THENCE

SOUTH 59 DEGREES 34 MINUTES 59 SECONDS WEST 1,544.11 FEET ON SAID NORTHERLY LINE;

THENCE SOUTH 7 DEGREES 27 MINUTES 16 SECONDS EAST 61.43 FEET ON SAID NORTHERLY

LINE; THENCE SOUTH 63 DEGREES 21 MINUTES 45 SECONDS WEST 182.41 FEET ON SAID

NORTHERLY LINE; THENCE SOUTH 68 DEGREES 35 MINUTES 20 SECONDS WEST 259.02 FEET

ON SAID NORTHERLY LINE; THENCE SOUTH 72 DEGREES 18 MINUTES 36 SECONDS WEST

548.74 FEET ON SAID NORTHERLY LINE TO THE WEST LINE OF THE NORTHEAST 1/4 OF SAID

SECTION 28; THENCE NORTH 00 DEGREES 00 MINUTES 04 SECONDS WEST 1,204.76 FEET ON

SAID WEST LINE TO THE NORTHWEST CORNER OF SAID NORTHEAST 1/4; THENCE NORTH 0

DEGREES 18 MINUTES 36 SECONDS EAST 2,641.82 FEET TO THE NORTHWEST CORNER OF THE

SOUTHEAST 1/4 OF SAID SECTION 21; THENCE SOUTH 89 DEGREES 50 MINUTES 34 SECONDS

EAST 2,696.07 FEET TO THE POINT OF BEGINNING, EXCEPT THE NORTH 167 ACRES, ALL BEING

SITUATED IN AUX SABLE TOWNSHIP, GRUNDY COUNTY, ILLINOIS.

CHICAGO TITLE INSURANCE COMPANY POLICY NO. 21015569GR

SCHEDULE B

EXCEPTIONS FROM COVERAGE

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 as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.

ALTA Owner's Policy (06/17/2006) Printed: 04.07.25 @ 12:33 PM

Page 6 IL-CT-FSWA-01080.225257-SPS-72306-1-24-21015569GR

This policy does not insure against loss or damage, and the Company will not pay costs, attorneys’ fees or expenses that arise by reason of:

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 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.

6. Taxes for the year 2024.

Taxes for the year 2024 are not yet due or payable.

Permanent Tax No.: 03-28-200-006; 03-28-200-007; 03-21-400-011; 03-21-400-014; 03-21-400-015;

03-22-300-015.

7. 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.

8. Rights, if any, of the United States of America, State of Illinois, the municipality and the public in and to so much of the land, if any, as may have been formed by means other than natural accretions or may be covered by the waters, not shown by the public records.

9. Rights of the public, the United States of America and the State of Illinois in and to that portion of the premises, if any, affected by the Illinois and Michigan Canal, its reserves and towpaths.

10. Easement in favor of Northern Illinois Gas Company, and its/their respective successors and assigns, to install, operate and maintain all equipment necessary for the purpose of serving the land and other property, together with the right of access to said equipment, and the provisions relating thereto contained in the Grant recorded/filed as Document No. 358749, affecting theEast 100 feet of the Southeast 1/4 of Section 21; and the West 150 feet of the East 250 feet of the South 500 feet of the Southeast 1/4 of Section 21. (For particulars, see record)

11. Easement in favor of Northern Illinois Gas Company, and its/their respective successors and assigns, to install, operate and maintain all equipment necessary for the purpose of serving the land and other property, together with the right of access to said equipment, and the provisions relating thereto contained in the Grant recorded/filed as Document No. 368403, affecting the West 50 feet of the North 1362.75 feet of the Southeast 1/4 of Section 21.

(For particulars, see record) https://smartviewonline.net/root/Druid/0125D2D4-94B0-4357-AB77-A13222C49A58 https://www.smartviewonline.net/root/Druid/F9BF8AB2-09A3-4F9F-8BF3-0CC546467DF7

EXCEPTIONS FROM COVERAGE

(continued)

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 as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.

ALTA Owner's Policy (06/17/2006) Printed: 04.07.25 @ 12:33 PM

Page 7 IL-CT-FSWA-01080.225257-SPS-72306-1-24-21015569GR

12. Easement in favor of Northern Illinois Gas Company, and its/their respective successors and assigns, to install, operate and maintain all equipment necessary for the purpose of serving the land and other property, together with the right of access to said equipment, and the provisions relating thereto contained in the Grant recorded/filed as Document No. 208516 in Book 283 at Page 475, affecting the East 20 feet of the East 1/2 of the Southwest 1/4 of Section 22 (except South 1000 feet thereof) and the East 120 feet of the South 1000 feet of said East 1/2 of the Southwest 1/4, all North of the Illinois and Michigan Canal. (For particulars, see record)

13. Easement in favor of Northern Illinois Gas Company, and its/their respective successors and assigns, to install, operate and maintain all equipment necessary for the purpose of serving the land and other property, together with the right of access to said equipment, and the provisions relating thereto contained in the Grant recorded/filed as Document No. 358943, affecting the East 100 feet of the West 150 feet of the Southwest 1/4 of Section 22, Township 34 North, Range 8. (For particulars, see record)

14. Pipeline Easement in favor of Northern Illinois Gas Company, and its/their respective successors and assigns, to install, operate and maintain all equipment necessary for the purpose of serving the land and other property, together with the right of access to said equipment, and the provisions relating thereto contained in the Grant recorded/filed as Document No. 230146, affecting a 75 foot strip through that part of the Southeast 1/4 of Section

21. (For particulars, see record)

15. Right of Way and Easement in favor of Texas Illinois Natural Gas Pipeline Company, and its/their respective successors and assigns, to install, operate and maintain all equipment necessary for the purpose of serving the land and other property, together with the right of access to said equipment, and the provisions relating thereto contained in the Grant recorded/filed as Document No. 149902 in Book 211, Page 426, affecting the East 1/2 of the Southwest 1/4 of Section 22 North of the Illinois and Michigan Canal.

Indenture of Conveyance to Peoples Gulf Coast Natural Pipeline Company recorded as Document No. 184704 in Book 242 at Page 589 .

Deed from Peoples Gulf Coast Natural Gas Pipeline Company to Natural Gas Pipeline Company of America recorded October 4, 1960 as Document No. 187521 in Book 248 at Page 83.

(For particulars, see record)

16. Right of Way and Easement in favor of Texas Illinois Natural Gas Pipeline Company, and its/their respective successors and assigns, to install, operate and maintain all equipment necessary for the purpose of serving the land and other property, together with the right of access to said equipment, and the provisions relating thereto contained in the Grant recorded/filed as Document No. 172682 in Book 276, Page 297, affecting a strip 50 feet in width over part of the East 1/2 of the Southwest 1/4 of Section 22.

Indenture of Conveyance to Peoples Gulf Coast Natural Pipeline Company recorded as Document No. 184704 in Book 242 at Page 589.

Deed from Peoples Gulf Coast Natural Gas Pipeline Company to Natural Gas Pipeline Company of America recorded October 4, 1960 as Document No. 187521 in Book 248 at Page 83.

(For particulars, see record) https://smartviewonline.net/root/Druid/9F2D4E9E-966E-4C11-B3B8-8937AD9D0644 https://smartviewonline.net/root/Druid/9570487D-14D3-4DAC-8C39-8DB1C5D226C9 https://smartviewonline.net/root/Druid/AE1666EB-70AB-4E43-B05D-E134D4C19473 https://smartviewonline.net/root/Druid/C5AC02DE-6249-4ABB-A729-9EE9BE756744 https://smartviewonline.net/root/Druid/8289B2E4-1D0A-4EC7-8565-ADABFA2314DC https://smartviewonline.net/root/Druid/DAFA67F6-B5E5-4B9E-B2F5-E5B3F9E62883 https://smartviewonline.net/root/Druid/FB1D9752-725B-4203-A29E-C9A0766A1594 https://smartviewonline.net/root/Druid/C90633B5-13F9-4159-95DC-94757B1C1CAE https://smartviewonline.net/root/Druid/AF6E1572-A7EB-42C4-94B3-C0DC91BACB38

EXCEPTIONS FROM COVERAGE

(continued)

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 as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.

ALTA Owner's Policy (06/17/2006) Printed: 04.07.25 @ 12:33 PM

Page 8 IL-CT-FSWA-01080.225257-SPS-72306-1-24-21015569GR

17. Illinois Department of Natural Resources Annexation and Intergovernmental Cooperation Agreement dated June 15, 1998 attached to and made a part of Ordinance No. 983, an Ordinance Authorizing the execution of an Annexation Agreement between the Village of Channahon, the State of Illinois, represented by its Department of Natural Resources for certain property located in the Village of Channahon, Will and Grundy Counties recorded February 22, 1999 as Document No. 370530. (For particulars, see record)

18. Annexation Agreement between the Village of Channahon, Will and Grundy Counties, Illinois and First Midwest Trust Company, as Trustee under Trust No. 6242 attached to and made a part of Ordinance No. 984, an Ordinance authorizing the execution of an Annexation Agreement between the Village of Channahon and First Midwest Trust Company, Trustee under Trust No. 6242 for certain property located in the Village of Channahon, Will and Grundy Counties recorded February 22, 1999 as Document No. 370534 relating to the development of the land and building permit fees, etc. and the terms and provisions contained therein. (For particulars, see record)

19. Ordinance No. 1025, an Ordinance annexing territory to the Village of Channahon, Will and Grundy Counties, dated February 15, 1999 and recorded February 22, 1999 as Document No. 370535. (For particulars, see record)

20. Ordinance No. 1029, an Ordinance of the Village of Channahon, Will and Grundy Counties, Illinois, approving a Tax Increment Redevelopment Plan Redevelopment Project for the Ni-Gas Redevelopment Project Area recorded February 22, 1999 as Document No. 370539 and the terms and provisions contained therein.

Note: Exhibits A through D not attached at the time of recording.

21. Ordinance No. 1030, an Ordinance of the Village of Channahon, Will and Grundy Counties, Illinois, designating the Ni-Gas Redevelopment Project Area of said Village a Redevelopment Project Area pursuant to the Tax Increment Allocation Redevelopment Act, as amended, recorded February 22, 1999 as Document No. 370540 and the terms and provisions contained therein.

Note: Exhibits A through C not attached at time of recording.

22. Ordinance No. 1031, an Ordinance of the Village of Channahon, Will and Grundy Counties, Illinois, adopting Tax Increment Allocation Financing for the Ni-Gas Redevelopment Project Area recorded February 22, 1999 as Document No. 370541 and the terms and conditions contained therein. (For particulars, see record)

Note: Exhibits A through C not attached at time of recording.

23. Ordinance No. 1083, an Ordinance annexing territory to the Village of Channahon, Will and Grundy Counties, Illinois recorded July 12, 2000 as Document No. 383714 and the terms and provisions contained therein. (For particulars, see record)

24. Annexation Agreement dated December 14, 1999 attached to and made a part of Ordinance No. 1073, an Ordinance authorizing the execution of an Annexation Agreement between the Village of Channahon and First Midwest Trust Company, Trustee under Trust No. 6242 for certain property located in the Village of Channahon, Will and Grundy Counties recorded June 13, 2001 as Document No. 391914, relating to the development of the land. (For particulars, see record)

25. Ordinance No. 177, an Ordinance annexing certain territory to the Channhon Park District, Will and Grundy Counties, recorded December 31, 2002 as Document No. 411582. (For particulars, see record) https://smartviewonline.net/root/Druid/5F6DD648-447A-44FE-BC4F-62277370AE3E https://smartviewonline.net/root/Druid/DE9108AF-C4DB-4B2A-88D2-E8AA0A86ACEA https://smartviewonline.net/root/Druid/6FE8708B-0D70-4D3C-8DDA-44AE13203FFD https://smartviewonline.net/root/Druid/8B574B13-C124-4C0A-8D75-EFD29E0CE39D https://smartviewonline.net/root/Druid/F528D40D-C813-4207-8833-D5ABF57F1184 https://smartviewonline.net/root/Druid/4B4EF5E2-2783-4507-B9DD-0F3CD5C80CFE https://smartviewonline.net/root/Druid/1C27337D-4D62-4FC1-8F7D-0C5451AF04AD https://smartviewonline.net/root/Druid/72458219-0EA3-46B6-BEE3-C018C5954098 https://smartviewonline.net/root/Druid/1CBFAA7F-4F0F-4CA8-B14E-2E23CB3494D3

EXCEPTIONS FROM COVERAGE

(continued)

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 as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.

ALTA Owner's Policy (06/17/2006) Printed: 04.07.25 @ 12:33 PM

Page 9 IL-CT-FSWA-01080.225257-SPS-72306-1-24-21015569GR

26. Ordinance No. 291, an Ordinance annexing certain territory to the Channahon Park District, Will and Grundy Counties, Illinois recorded December 20, 2012 as Document No. 534747. (For particulars, see record)

27. Plats of Survey prepared by Ruettiger, Tonelli & Associates, Inc. dated October 29, 2009 and recorded December 11, 2009 as Document Numbers 506586, 506587, 506588 and 506589. (For particulars, see record)

28. Survey recorded February 6, 1998 as Document No. 360102 depicting Illinois and Michigan Canal through sections of Grundy County, including part falling in property in question.

29. Ordinance amending ordinances which established an Enterprise Zone within the City of Ottawa, Illinois, said Enterprise Zone encompassing contiguous portions of the Couty of LaSalle, the City of Marseilles and the City of Ottawa, Illinois recorded March 29 2004 as Document No. 431693. (For particulars, see record)

30. Intergovernmental Boundary Line Agreement between the City of Wilmington, Illinois and the Village of Channahon, Illinois recorded November 6, 2001 as Document No. 396543. (For particulars, see record)

END OF SCHEDULE B

https://www.smartviewonline.net/root/Druid/857B7C70-E349-4545-ABA1-08B14B3941A7 https://smartviewonline.net/root/Druid/30A0BF7A-F0C4-4EA6-B9C1-0CC371FD838D https://smartviewonline.net/root/Druid/5F447DE3-989E-44CA-98D4-6EB2A7B8DB91 https://smartviewonline.net/root/Druid/05E67BD4-7028-43B2-9EC9-E4C622C1AE6D https://smartviewonline.net/root/Druid/C6A8F38C-EC08-4626-BD59-15EFFE1F873C https://smartviewonline.net/root/Druid/26FA25FC-4614-4AE9-A33B-8AAD48B04DDE https://smartviewonline.net/root/Druid/FB55B78B-3718-4876-B765-536379D5F322 https://smartviewonline.net/root/Druid/5FCB9BB1-A2B0-4A84-8466-5117A50774A8

The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.

ALTA Owner's Policy (06/17/2006) Printed: 04.07.25 @ 12:33 PM

Page 10 IL-CT-FSWA-01080.225257-SPS-72306-1-24-21015569GR

CONDITIONS

1. DEFINITION OF TERMS

The following terms when used in this policy mean:

(a) "Amount of Insurance": The amount stated in Schedule A, as may be increased or decreased by endorsement to this policy, increased by

Section 8(b), or decreased by Sections 10 and 11 of these Conditions.

(b) "Date of Policy": The date designated as "Date of Policy" in Schedule A.

(c) "Entity": A corporation, partnership, trust, limited liability company, or other similar legal entity.

(d) "Insured": The Insured 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, devisees, survivors, personal representatives, or next of kin;

(B) successors to an Insured by dissolution, merger, consolidation, distribution, or reorganization;

(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

(1) if the stock, shares, memberships, or other equity interests of the grantee are wholly-owned by the named Insured,

(2) if the grantee wholly owns the named Insured,

(3) if 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) if 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.

(e) "Insured Claimant": An Insured claiming loss or damage.

(f) "Knowledge" or "Known": Actual knowledge, not constructive knowledge or notice that may be imputed to an Insured by reason of the Public

Records or any other records that impart constructive notice of matters affecting the Title.

(g) "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 insured by this policy.

(h) "Mortgage": Mortgage, deed of trust, trust deed, or other security instrument, including one evidenced by electronic means authorized by law.

(i) "Public Records": Records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. With respect to Covered Risk 5(d), "Public Records" shall also include environmental protection liens filed in the records of the clerk of the United States District Court for the district where the Land is located.

(j) "Title": The estate or interest described in Schedule A.

(k) "Unmarketable Title": Title affected by an alleged or apparent matter that would permit a prospective purchaser or lessee of the Title or lender on the Title to be released from the obligation to purchase, lease, or lend if there is a contractual condition requiring the delivery of marketable title.

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, or holds an obligation secured by a purchase money Mortgage given by a purchaser from the Insured, or only so long as the Insured shall have liability by reason of warranties in any transfer or conveyance of the Title. This policy shall not 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.

3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT

The Insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 5(a) of these Conditions, (ii) in case Knowledge shall come to an Insured hereunder of any claim of title or interest that is adverse to the Title, as insured, and that might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if the Title, as insured, is rejected as Unmarketable Title. If the Company is prejudiced by the failure of the Insured Claimant to provide prompt notice, the Company's liability to the Insured Claimant under the policy shall be reduced to the extent of the prejudice.

4. PROOF OF LOSS

In the event the Company is unable to determine the amount of loss or damage, the Company may, at its option, require as a condition of payment that the Insured Claimant furnish a signed proof of loss. The proof of loss must describe the defect, lien, encumbrance, or other matter insured against by this policy that constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage.

(continued)

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 as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.

ALTA Owner's Policy (06/17/2006) Printed: 04.07.25 @ 12:33 PM

Page 11 IL-CT-FSWA-01080.225257-SPS-72306-1-24-21015569GR

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 in litigation in which any third party asserts a claim covered by this policy adverse to the Insured. This obligation is limited to only those stated causes of action alleging matters insured against by this policy.

The Company shall have the right to select counsel 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 counsel. 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.

(b) 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 or damage to the Insured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable to the Insured. The exercise of these rights shall not be an admission of liability or waiver of any provision of this policy. If the Company exercises its rights under this subsection, it must do so diligently.

(c) Whenever the Company brings an action or asserts a defense as required or permitted by this policy, the Company may pursue the litigation to a final determination by a court of competent jurisdiction, and it expressly reserves the right, in its sole discretion, to appeal from 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 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, e-mails, disks, tapes, and videos whether bearing a date before or after Date of Policy, that reasonably pertain to the loss or damage. 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 or damage. 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 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.

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, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized 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 the 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, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized 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 or damage provided for under this policy, together with any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized 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 (ii), the Company's obligations to the Insured under this policy for the claimed loss or damage, 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 or damage sustained or incurred by the Insured Claimant who has suffered loss or damage by reason of matters insured against by this policy.

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 as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.

ALTA Owner's Policy (06/17/2006) Printed: 04.07.25 @ 12:33 PM

Page 12 IL-CT-FSWA-01080.225257-SPS-72306-1-24-21015569GR

(a) The extent of liability of the Company for loss or damage 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 risk insured against by this policy.

(b) If the Company pursues its rights under Section 5 of these Conditions and is unsuccessful in establishing the Title, as insured,

(i) the Amount of Insurance shall be increased by Ten percent (10%), and

(ii) the Insured Claimant shall have the right to have the loss or damage determined either as of the date the claim was made by the

Insured Claimant or as of the date it is settled and paid.

(c) In addition to the extent of liability under (a) and (b), the Company will also pay those costs, attorneys' fees, and expenses incurred in accordance with Sections 5 and 7 of these Conditions.

9. LIMITATION OF LIABILITY

(a) If the Company establishes the Title, or removes the alleged defect, lien, or encumbrance, or cures the lack of a right of access to or from the

Land, or cures the claim of Unmarketable Title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused to the Insured.

(b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals, adverse to the Title, as insured.

(c) The Company shall not be liable for loss or damage to the Insured for liability voluntarily assumed by the Insured in settling any claim or suit without the prior written consent of the Company.

10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY

All payments under this policy, except payments made for costs, attorneys' fees, and expenses, shall reduce the Amount of Insurance by the amount of the payment.

11. LIABILITY NONCUMULATIVE

The Amount of Insurance shall be reduced by any amount the Company pays under any policy insuring a Mortgage to which exception is taken in Schedule B or to which the Insured has agreed, assumed, or taken subject, or which is executed by an Insured after Date of Policy and which is a charge or lien on the Title, and the amount so paid shall be deemed a payment to the Insured under this policy.

12. PAYMENT OF LOSS

When liability and the extent of loss or damage have been definitely fixed in accordance with these Conditions, the payment shall be made within thirty (30) days.

13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT

(a) Whenever the Company shall have settled and paid a claim under this policy, it shall be subrogated and entitled to the rights of the Insured

Claimant in the Title and all other rights and remedies in respect to the claim that the Insured Claimant has against any person or property, to the extent of the amount of any loss, costs, attorneys' fees, and expenses paid by the Company. If requested by the Company, the Insured Claimant shall execute documents to evidence the transfer to the Company of these rights and remedies. The Insured Claimant shall permit the Company to sue, compromise, or settle in the name of the Insured Claimant and to use the name of the Insured Claimant in any transaction or litigation involving these rights and remedies.

If a payment on account of a claim does not fully cover the loss of the Insured Claimant, the Company shall defer the exercise of its right to recover until after the Insured Claimant shall have recovered its loss.

(b) The Company's right of subrogation includes the rights of the Insured to indemnities, guaranties, other policies of insurance, or bonds, notwithstanding any terms or conditions contained in those instruments that address subrogation rights.

14. ARBITRATION

Either the Company or the Insured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Title Association ("Rules"). Except as provided in the Rules, there shall be no joinder or consolidation with claims or controversies of other persons. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Insured arising out of or relating to this policy, any service in connection with its issuance or the breach of a policy provision, or to any other controversy or claim arising out of the transaction giving rise to this policy. All arbitrable matters when the Amount of Insurance is Two Million and No/100 Dollars ($2,000,000) or less shall be arbitrated at the option of either the Company or the Insured. All arbitrable matters when the Amount of Insurance is in excess of Two Million and No/100 Dollars ($2,000,000) shall be arbitrated only when agreed to by both the Company and the Insured. Arbitration pursuant to this policy and under the Rules shall be binding upon the parties. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court of competent jurisdiction.

15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT

(a) This policy together with all endorsements, if any, attached to it by the Company is the entire policy and contract between the Insured and the

Company. In interpreting any provision of this policy, this policy shall be construed as a whole.

(b) Any claim of loss or damage that arises out of the status of the Title or by any action asserting such claim shall be restricted to this policy.

(c) Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized person, or expressly incorporated by

Schedule A of this policy.

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 as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.

ALTA Owner's Policy (06/17/2006) Printed: 04.07.25 @ 12:33 PM

Page 13 IL-CT-FSWA-01080.225257-SPS-72306-1-24-21015569GR

(d) Each endorsement to this policy issued at any time is made a part of this policy and is subject to all of its terms and provisions. Except as the endorsement expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsement,

(iii) extend the Date of Policy, or (iv) increase the Amount of Insurance.

16. SEVERABILITY

In the event any provision of this policy, in whole or in part, is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision or such part held to be invalid, but all other provisions shall remain in full force and effect.

17. CHOICE OF LAW; FORUM

(a) Choice of Law: The Insured acknowledges the Company has underwritten the risks covered by this policy and determined the premium charged therefor in reliance upon the law affecting interests in real property and applicable to the interpretation, rights, remedies, or enforcement of policies of title insurance of the jurisdiction where the Land is located.

Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity of claims against the Title that are adverse to the Insured and to interpret and enforce the terms of this policy. In neither case shall the court or arbitrator apply its conflicts of law principles to determine the applicable law.

(b) Choice of Forum: Any litigation or other proceeding brought by the Insured against the Company must be filed only in a state or federal court within the United States of America or its territories having appropriate jurisdiction.

18. NOTICES, WHERE SENT

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 at:

Chicago Title Insurance Company P.O. Box 45023 Jacksonville, FL 32232-5023 Attn: Claims Department

END OF CONDITIONS

ENDORSEMENT - SE 287 POLICY MODIFICATION

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