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HomeMy WebLinkAbout#4178 Authorizing the Purchase of Real Estate 603 Grant Place. Canton, IL ORDINANCE NO.4178 AN ORDINANCE AUTHORIZING THE PURCHASE OF REAL ESTATE LOCATED AT 603 GRANT PLACE,CANTON,ILLINOIS. WHEREAS,the City Council of the City of Canton deems it advisable and necessary for the health,safety,and welfare of the residents of the City of Canton(the"Municipality")to provide for the purchase of certain real property(the"Property") legally described as follows: LOT TWO (2) OF CARL SUBDIVISION, A SUBDIVISION OF PART OF LOT ONE (1) IN BARLOW & WEBSTER ADDITION AND A PART OF THE OLD TOLDEDO, PEORIA& WESTERN STOCK YARDS, ALL IN THE NORTHWEST QUARTER OF SECTION THIRTY-FIVE (35), TOWNSHIP SEVEN (7) NORTH, RANGE FOUR (4) EAST OF THE FOURTH PRINCIPAL MERIDIAN, IN THE CITY OF CANTON, FULTON COUNTY, ILLINOIS. PIN: 09-08-35-110-019 Common Address: 603 Grant Place, Canton, Illinois 61520; and WHEREAS, pursuant to the provisions of Section 11-61-3 of Article 11 of the Illinois Municipal Code,the Municipality is authorized to purchase real and personal property for public purposes pursuant to contracts that provide for the consideration for such purchase to be paid in annual installments during a period not exceeding 20 years; and WHEREAS,GARY W. KINSEL, of Canton, Illinois(the"Seller") has agreed to furnish the Property and has agreed to sell it to the Municipality for the purchase price of$149,900.00,due and payable at closing,which shall occur on or before March 31,2020;and WHEREAS, it is hereby estimated and determined that it will cost $149,900.00, plus reasonable closing expenses,to purchase the Property for the Municipality,and funds are presently and shall be in the future available therefore; NOW,THEREFORE,BE IT ORDAINED by the City Council of City of Canton,Fulton County and State of Illinois, as follows: Section One:The foregoing recitals are incorporated herein as findings of the City Council of the City of Canton. Section Two: The City Council of the City of Canton hereby determine that it is advisable, necessary, and in the interests of the public health, safety, and welfare that the Municipality purchase the Property and for the purpose of paying the purchase price thereof to enter into an agreement with Seller providing for the purchase of the Property at a total cost of$149,900.00,plus reasonable closing costs as set forth in the Agreement described below,due and payable at closing, which shall occur on or before March 31,2020; Section Three: The City Council of the City of Canton hereby authorizes the City Attorney, Christopher J. Jump to review and approve a Real Estate Purchase Agreement substantially containing the terms and conditions included in this Ordinance and others he deems to be in the best interests of the City of Canton in order to accomplish the purchase set forth in this Ordinance; Section Four: From and after the effective date of this Ordinance the Mayor and City Clerk are hereby authorized and directed to execute the Agreement, and to do all things necessary and essential, including the execution of any documents and certificates,to carry out the provisions of the Agreement. The City Attorney, Christopher J. Jump, shall be authorized and directed to make any and all necessary revisions and amendments to the Agreement,as necessary,to accomplish the foregoing. Section Five: This Ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. PASSED by the City Council of the City of Canton,Illinois, at a regular meeting this 7th day of January, 2020,upon a roll call vote as follows: AYES: Alderman Ryan Mayhew, Quin Mayhew, John Lovell, Craig West,Jeff Fritz, Justin Nelson NAYS: None ABSENT: Aldermen Angela Hale,Angela Lingenfelter ABSTAIN: None P OVE f' Kent McDowel , ay ATT T: Diana Pavley-Rock, rt Clerk r I . r i i REAL-ESTATE SALE AGREEMENT THIS REAL ESTATE SALE AGREEMENT is made as of the 2L!J_day of February,2020, by and between GARY W.KINSEL of the City.of Canton,State of Illinois,hereinafter referred to as. "Seller", and the CITY OF CANTON, a municipal corporation, hereinafter referred to as "Purchaser". In-consideration of the mutual covenants, payments and conditions heretofore and hereinafter set out,:the parties hereto agree as follows:- .1. DEFINITIONS: (a) The -parties 'to.this contract shall be known as the "Seller" or- "Purchaser".as required by the context of the agreement. (b) The singular tense includes the plural and the masculine gender includes the feminine: . (c) Titles to the paragraphs,of this agreement are descriptive only and do not alter,limit,expand or amend the substance of the section itself. (d)- The"property"or"premises':means the real estate described on Exhibit "A which'is generally located at 603-Grant Place, Canton, Illinois 61520 and which bears Tax- Identification No. 09-08-35-110-019 together with all fixtures therein or thereon which are now a part of said premises. 2-; PURCHASE AND SALE: Subject to the contingencies started herein,if the Purchaser shall first make the payments and perform the covenants-hereinafter-mentioned on the-Purchaser's part to be made and performed,the Seller will convey the property to.the Purchaser,in fee simple,clear of all encumbrances other than those hereinafter expressly excepted in Par.3 hereof,by a Warranty Deed, executed by Seller. Page 1 of 14 3. THE DEED: The deed shall be a Warranty Deed made pt irsuant to the provisions of 765 ILCS 5/9 and shall be subject to the following: (a) General real estate taxes for the year in which this contract is signed subject, however,to the pro-ration thereof as.hereinafter provided. (b) Easements as shown.by the public records, provided sucbi easements do not materially affect the merchantability of the premises or the P archaser's intended use thereof as a banking-facility. (c). Zoning regulations. (d) Building regulations,ordinances and-resolutions. (e) Easements for public and quasi-public utilities over, across and under the property, if any, and further provided that such easement;; do not materially affect the merchantability ofthe.premises orits intended use by the Purchaser as . a banking.facility. (f) Rights of the public,the State of Illinois and the municipalil y n and to that part of the property taken or used for roads and highways. (g) Any acts of the Purchaser or the Purchaser's successors in interest. Said Warranty Deed shall be delivered by the Seller to the Purchaser simultiaveously with the closing of this Real Estate Sale Agreement upon full compliance with the terms and co,►ditions hereof. Seller shall cause said Warranty Deed and Illinois Real Estate Transfer Declaration(TT,4X-203')to be prepared at Seller's expense and Seller shall attach the appropriate revenue stamps required by Form PTAX 203 to said Warranty Deed in order to make same recordable or allow a credit to trae Purchaser at the time of closing for the amount of such stamps. Purchaser shall pay the recording cA,)sts for said deed once the appropriate revenue stamps have been purchased by the Seller and affixed.to the.Warranty Deed. Page 2 of 14 4. PURCHASE PRICE: The Purchaser will pay to the Seller,as consideration for said conveyance and for the covenants of the Seller the sum of$149,900.00 in the manner following: the entire balance of$149,900.00 at closing, simultaneously with the delivery of the Warranty Deed hereinabove provided,which then conveys merchantable title in accordance with this Agreement to the Purchaser. S. PRORATIONS: a. Real Estate Taxes: Taxes for any.year prior to the year in which this sale closes shall be paid by Seller.Taxes for the year in which the sale closes shall.be prorated,with Seller paying that portion accruing prior to the date of closing and Purchaser paying that portion accruing on and after the date of closing. If the amount of real estate taxes.for any year cannot be ascertained by the time of closing,then the taxes for that particular year shall be computed on the basis of the best available tax information at the time of closing. Taxes for any year.after the year in which this sale closes shall be paid by.the Purchaser. b. Utilities: All utilities, if any and any other proratable items such as rent shall be prorated to the day prior to the date of closing;with the Seller paying or receiving that portion accruing to.the Seller prior to the date of closing and the Purchaser paying or receiving that portion accruing to the Purchaser.on and atter the date of closing.- C. Adjustment:_All proration and adjustments required to be made-under this Paragraph shall be made at the.time of the closing of this transaction with an appropriate cash payment or a credit to the purchase price and.all such adjustments or payments,once made,shall be final. Page 3 of 14 6. INSURANCE: All existing insurance now carried on the improvements on said real estate,together with any existing public liability insurance,shall be kept in force at the expense of the Seller until 12:00 Noon,local time,on the day following the closing of this;transaction,at which time Seller may cancel the existing insurance on the premises. In the event of material damage to or destruction of the improvements on the premises after the date of this Agreement,but prior to the date of closing, Purchaser shall have the right to accept the premises as it then exists, together with an assignment of the Seller's insurance proceeds,in which event Purchaser shawl complete the purchase of the property in a timely fashion;or,in the alternative,the Purchaser may wit hdraw from this transaction' and receive a complete refund of any down payment made hereunder and Seller shall be entitled to receive all of the proceeds of any policies of insurance for the damage to the improvements to the premises. In the event that the Purchaser elects an assignment of Seller's insi uance proceeds,the Seller shall fully cooperate with the Purchaser in all.respects in connection N Kith any dealings with or requirements of the Seller's insurance company to,complete the claim and:receive the proceeds of the policy. 7. EVIDENCE OF TITLE: A preliminary commitment for the issuance of an owner's policy of title insurance drawn upon a reputable.tide insurance company ui the amount of$149,900.00 shall be.finnished to the Purchaser more than fifteen(15)days prior to the date of closing. Seller shall pay all the costs and fees for the-basic search,preparation of the title insurancecommitment,the title insurance premium and other such usual and customary expenses associMed with the issuance of an owner's policy of title insurance in the amount ofthe purchase price hereurauer upon the closing of this Page 4 of 14 transaction. Purchaser shall pay the cost of any later day search and',the cost of any separate endorsements required by Purchaser beyond the basic owner's policy of insurance being provided by the Seller hereunder. "Title Insurance" means a Commitment for Title Insurance displaying merchantable title in the Seller followed by the issuance of an owner's policy of title insurance-in the usual form,-subject to the exceptions noted in Paragraph 3 above and such other exceptions as are standard exceptions in a policy of title insurance of the type and kind to be issued hereunder. 8. CLOSING AND POSSESSION: This transaction shall be closed at the law office of Barnhart,Tinsman&Associates,Ltd. 121 W. Elm Street,Canton,IL 61520 on or before March 31, 2020. Each party shall pay one-half of the expenses of the closing including,without limitation,the preparation of the closing statements,disbursement sheets,attendance at closing by the closing agents and the preparation and any reporting to IRS:on:such forms as may be required by law. Possession of the entire premises shall be delivered simultaneously with the closing of this transaction. 9. SELLER'S WARRANTIES: a. The premises is not a residential property and, notwithstanding that representation, Seller nevertheless warrants that no notice has been received from-any governmental authority concerning a code violation that existed in the structure on or before the date this contract was signed. b. SELLER WARRANTS THAT THE PLUMBING,HEATING,VENTILATION AND ELECTRICAL SYSTEMS BEING SOLD HEREUNDER SHALL BE OPERATIONAL ON THE DATE OF :CLOSING AND THE PARTIES AGREE THAT SELLER SHALL HAVE NO RESPONSIBILITY TO REPAIR ANY OF SAID SYSTEMS IN THE EVENT THEY FAIL AFTER Page 5 of 14 THE DATE OF CLOSING, THE SAME BEING THE SOLE RESPONSIBILITY. OF. THE PURCHASER. c. Seller warrants that he has-no knowledge of any defect in the plumbing, heating; electrical,air conditioning systems or structural components of the improvements on the premises as.of the time of the making of this Agreement. d. Both Purchaser and Seller-acknowledge that it is not necessary to exchange Lead Paint Disclosure form,nor.Residential Real Property.Disclosure form,since the premises is not residential real estate. e. Each-of,the parties.represent and warrant to the other that,neither has contacted any broker, agent, "finder". or other-party who would be entitled to a fee: upon the closing of this transaction. Each party shall assume and hold the other harmless against i X11 such fees.and expenses. f. To the best knowledge of the Seller,there is no condition i existing with respect to the premises which violates any law,rule,statute,ordinance,regulation,building code or other regulation of any governmental or quasi-governmental authority having jurisdiction aver the premises,and Seller has not.received any notice, written or otherwise,-from any governmenital or quasi-governmental authority requiring the correction of-any condition with respect to the pre*:ries. g. All written materials,surveys and plats.available to the Sell ler will be delivered to the Purchaser at the time of closing. h. There.is no action proceeding or investigation pending or,'ito the Seller's knowledge, contemplated or threatened,which affects the premises or the ownership,op-enation,use or condition of the premises before any court or before any administrative agency,which h as-resulted or which might Page 6 of 14 result in a change in the present condition-of the,premises, limit the use of the premises or the development of the,improvements thereon,or result.in any environmental or EPA(state or federal) proceeding or charge of any'kind: i. To the best of the Seller's knowledge,the premises has not been used for the discharge; dispersal, storage,disposal,treatment,use,manufacture,generation,release or transportation of any Hazardous Substance(as defined herein)._Forthe.purposes of this Agreement,the term"Hazardous Substance" shall mean, without limitation,.(iY those substances included within the definitions of "hazardous 'substances".. "hazardous materials').' "toxic .,substances'', or "solid waste" in the Comprehensive Environmental Response,Compensation and Liability Act,the Resource Conservation and Recovery Act,and the Hazardous Materials Transportation Act,49 U.S.C.Section 801 and in the regulations promulgated pursuant to said laws,:as the same maybe amended from time to'time, (ii) those substances listed in the United State&Department of Transportation Table 49 CFR 172.101 and any-amendments thereto)'or by the Environmental Protection-Agency (or any successor agency) as. hazardous:substances (40 CFR part.302.and.any amendments thereto), (iii) such othersubstances, materials and wastes which are or become regulated or which are or become classified as hazardous or toxic under applicable.local, state or federal laws, rules, regulations, ordinances, orders.or other requirements and (iv) any material, waste or substance which is or contains (A) asbestos; (B) polychlorinated.biphenyl; (C)designated as a"hazardous substance'pursuant to Section 311 of the Clean Water.Act,33 U.S.C.Sections.1251.et seq.;(33 U:S.C. §1321).or listed pursuant to Section 307 of the Clean Water Act(33 U.S.C. §1373),-or any amendments to the foregoing;(D)explosives; (E) Page7of14 i radioactive materials;(F)gasoline,diesel fuel,kerosene or other petroleum products not contained in a properly.registered and permitted aboveground storage tank upon the Property. 10.- INSPECTIONS: a. WOOD INFESTATION: At-least five (5)'days but no more than thirty (30) calendar days prior to closing,Purchaser may,at Purchaser's expense,obtain a written report from a pest control firm.certifying to the Purchaser(with a,copy provided to Selleir prior to closing)that the premises have been inspected within such period for termite and other wood-destroying insect infestation. For purposes hereof,premises shall include any attached improvements to the real estate. If active infestation is found, the Seller shall have the election to treat the infestation by a reputable company of Seller's choice,at Seller's expense.If structural damage due to l 3rior or existing infestation is found,and,further,if the cost of treatment or repair exceeds$1,500.00,Sel aer shall have the option of correcting the structural damage or terminating the Agreement unless Purchs iser chooses to waive such repairs and accept the premises in the existing condition. Any other or further treatment,except as set forth by the foregoing,shall be at the.expense of Purchaser. If the estimate i amount of the sum of the treatment and repair expenses exceed$1,500.00,Purchaser shall have the option of terminating this Agreement and upon such election this contract shall become void. Purchaser must give written notice to Seller of infestation and structural damage no later than the date of closing and Seller shall not be responsible for termite or other wood.boring insect infestation or damage discovered, disclosed or occurring after the date of closing. Purchaser's failure to give such-writ ,,.4iice by the closing date shall constitute a complete waiver of any claims against Seller under this 1%ragraph. Page 8 of 14 b. MOLD INSPECTION: At least five (5) days but no.more than thirty (30) calendar days prior to closing,Purchaser may,at Purchaser's expense,obtain a written report-from a. mold specialist certifying to the Purchaser(with a copy provided to Seller prior to closing)that the premises have been inspected within such period for the presence of mold. For purposes hereof, premises shall include any attached improvements to the real estate. If active mold presence is found, the Seller shall have the election to treat the mold by a reputable company of Seller's choice,at Seller's expense. If the cost of treatment or repair exceeds$1;500.00,Seller shall have the option oftreating the mold or terminating the Agreement unless Purchaser chooses to waive such repairs and accept the premises in the existing condition. Any other or further treatment,except as set forth by the foregoing, shall beat the expense of Purchaser.- If the estimated amount of the sum of the treatment expenses exceed$1,500.00,Purchaser shall have the option of terminating this Agreement and upon such election this contract shall become void. Purchaser must give written notice to Seller ofthe presence ofmold no later than the date of closing and Seller shall not be responsible for mold discovered, disclosed or- occurring after the date of closing. Purchaser's failure to give such written notice by the closing date shall constitute a complete'waiver of any claims against Seller under-this Paragraph. 11. DEFAULT: "Default"means the failure of either party to perform any required act or make any required payment pursuant to the terms of this agreement. In the event the Purchaser shall default,the Seller shall have any one or a combination of more than one-of the following remedies: a. Seller.may forfeit the rights of the Purchaser under this agreement.and retain the down payment made pursuant to Paragraph 4 hereof.. Page 9 of 14 b. Seller may sue the Purchaser for specific performance of the Purchaser's obligations hereunder as mell as exercise any other rights and remedies available at law or in equity. In the event the Seller shall default,the Purchaser mayy sue the Seller for specific performance of the Seller's obligations hereunder, of for Purchaser's damages flowing from a breach of this agreement by the Seller,as well as the exercise any other rights and/or remedies available at law or in equity.to the Purchaser. In the event of-default, the defaulting-party shall reimburse non-defaulting party for all reasonable attorney's fees and reasonable expenses of litigation incurred by the non-defaulting party in the enforcement of the obligations hereunder or in such amounts as may be:determined by a court. 12. PURCHASER'S CONTINGENCIES: This Agreement is contingent upon each of the followingitems: a. Financing:Purchaser shall immediately upon the execution of this Agreement,attempt to procure financing for the purchase price hereunder through any reputable:financing option Purchaser shall deem appropriate and in accordance with Illinois law. In the event that Purchaser shall fail to find acceptable financing options(including through municipal budgeting)whicl i can be agreed upon by the requisite vote of the Canton City Council or that are otherwise in accordance with Illinois law,then Purchaser may cancel .this Agreement without penalty and without may further obligation for performance,and this Agreement shall then become null and void as to the:parties. b. Annraisal:Purchaser shall,at Purchaser's expense,have twee rty-eight(28)days after the date of acceptance within.which to obtain an appraisal of the Premises by aL disinterested appraiser.If the appraisal is less than the purchase price and Purchaser serves a copy of appraisal to Seller in the Page 10 of 14 manner provided in the Contract within the aforementioned twenty-eight(28')day period,this;Contract shall be terminated unless the Seller elects to accept in writing the appraised.price as the purchase price, or the parties.mutually agree on a purchase price within five(S)days after Purchaser's notice. C. City Council Approval:This Agreement is contingent upon the;affirmative vote of three- fourths (3/4)of the Canton City Council to approve the purchase of the property, which may have occurred prior to the execution of this Agreement.In the event that the Canton City:Council shall fail to approve any purchase of the property by an affirmative vote of three-fourths(3/4),then Purchaser may cancel this Agreement without penalty and without_any further obligation for performance,.and this Agreement shall then become null and void as to the parties. 13. PUBLICATION IN NEWSPAPER: Purchaser shall be authorized to publish any notice of this.Agreement or sale, including without limitation.any Ordinance related thereto;or any other publication required under Illinois law,in a newspaper or newspapersof general circulation in Fulton County in order to abide by any such laws.governing municipalities.Closing may be extended, at the option of the Purchaser,in the event additional time is needed to properly and timely comply with the Illinois Municipal Code and the publishing requirements set forth therein. 14. MISCELLANEOUS: The following miscellaneous provisions shall also apply to and be a part of the agreement between the parties hereto: a. This Agreement represents the total agreement of the parties and there are no other agreements,written or oral,which are not made apart hereof.. Page 11 of 14 b. Purchaser shall be free to obtain a survey at Purchaser's sole expense and without any expense to the Seller hereunder. 'Seller shall cooperate to make the premises available to the Purchaser's surveyor. C. Each party will hold the other harmless from any and all brokers'commissions,finders' fees,consultants'fees or auctioneer fees due upon the closing ofthe transaction herein contemplated to any auctioneer,broker,salesman,agent,finder or consultant claiming to hzLve acted on either party's behalf. d. This Agreement shall be binding upon the heirs,successors, executors,administrators and assigns of the parties hereto. e. Any warranties,agreements and obligations ofeither ofthe ptuties hereto which provide for future_performance shall not be deemed merged in the delivery of anly deed or delivery of any document at the closing of this transaction,but shall remain in full force and effect and fully enforceable as a part of this contractual agreement and shall not be deemed merged or dlestroyed as a result of the closing of this transaction. f. Time shall be in all things ofthe essence of this Agreement and all ofthe covenants and. agreements contained herein. Page 12 of 14 WITNESS the hands-and seals of the parties hereto on the day anis year first above written.' SELLER: PURCHASER: I' MY OF CANTON a W.- i9t McDowell, Ma, r Att Diana Pa ey ock,City erk Page 13 of 14 4 i EXHIBIT A LOT TWO(2)OF CARL SUBDIVISION,A SUBDIVISION OF A PART OF-LOT ONE(1)IN BAR.LOW&WEBSTER ADDITION AND A PART OF THE OLD TOLEDO,PEORIA& WESTERN STOCK YARDS,ALL IN THE NORTHWEST QUARTER OF SECTION THIRTY-FIVE(35),TOWNSHIP SEVEN(7)NORTH,RANGE FOUR(4)EAST OF THE FOURTH PRINCIPAL MERIDIAN,IN THE CITY OF CANTON,FULTON COUNTY, ILLINOIS. PIN:09-08-35-110-019 COMMON ADDRESS:-603 Grant Place,Canton;Illinois 61520 Page 14 of 14 Barnfiart Tinsman & ASSOCIATES, LTD. LAW OFFICE — SINCE 1973 May 2, 2020 Attorney Christopher Jump City of Canton 2 North Main Street Canton,-IL 61520 RE• Real Estate purchase from Gary. Kinsel 603 Grant-Place, Canton, IL 61520 Dear Chris, With reference-.to the above real estate transaction, please find enclosed the following documents issued by Attorneys'Title Guaranty Fund,jnc. [ X ] Owner's Title Insurance Policy No. 200391601093-01 [ ] _Mortgagee's Title Insurance Policy No. As well, please find enclosed: [ X ] Warranty.Deed, Fulton County Recorded Document No. 2089648 These are valuable documents for future title work purposes, should you ever decide to sell this property. They should be kept in a safe place, preferably.with your other important legal documents. Best Regards, Barnhart, Ti sman &Associ es; Ltd. 0 BY: LB NNT/ekp Enc. Gary E.Barnhart,retired 121 W. Elm Street 309-647-0100 Phone Nicholas N.Tinsman owner Canton,Illinois 61520 309-647-0492 Fax ' www.bamhardaw.net nick@barnhartlaw.net . IIIIIiIIIIIIIIIiIIIIIII III I III PREPARED BY&RETURN TO: 8 0 1 5 3 7 3 Tx:4008896 Nicholas N.Tinsman 2089 648 Barnhart,Tinsman&Associates,Ltd. JENNIFER J.BANKERT 121 W.Elm Street COUNTY CLERK&RECORDER Canton,IL 61520 FULTON COUNTY,IL MAIL TAX BILL TO: RECORDED ON City of Canton 04/02/202011:03 AAA R 2 North Main Street ECORDING FEE 68.00 Canton,IL 61520 RHSP FEE 9.00 PAGES:3 WARRANTY DEED Statutory(Illinois) THE GRANTOR, Gary W. Kinsel, a married person whose wife does not have any homestead interest in this property, of the City of Canton, State of Illinois, for and in consideration of Ten Dollars ($10.00) and other good and valuable considerations, in hand paid, CONVEYS AND WARRANTS to the GRANTEE, City of Canton, an Illinois municipal corporation, all right, title, and interest in the following described real estate situated in the County of Fulton, State of Illinois,to wit: Lot Two (2) of Carl Subdivision, a subdivision of a part of Lot One (1) in Barlow&Webster Addition and a part of the Old Toledo, Peoria& Western Stock Yards, all in the Northwest Quarter of Section Thirty-five (35), Township Seven(7)North Range Four (4) East of the Fourth Principal Meridian, in the City of Canton,Fulton County, Illinois. Permanent Index Number: 09-08-35-110-019 Property Address: 603 Grant Place, Canton,.IL 61520 Subject, however,.to the general taxes for the year of 2020 and thereafter, and all covenants, restrictions, and conditions of record, applicable zoning laws, ordinances, and other governmental regulations. Hereby releasing and waiving all rights under and by virtue of the Homestead Exemptions Laws of the State of Illinois. Dated this .;`� i day of March, 2020 Gary W. Kinsel STATE OF )SS COUNTY OF I, the undersigned, a Notary Public in and for said County, in the State aforesaid, do hereby certify that Gary W. Kinsel,personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person,and acknowledged that he signed,sealed and delivered the said instrument, as his free and-voluntary act, for the uses and purposes therein set forth, including the release and waiver of the right of homestead. Given under my hand and notarial seal this day of March, 2020 Y ..�° JOSIE N.MOKES :t• ;*= My Notary ID#2796157 Notary Pu lic ' .;+:' 7� wOR 2022 This Transaction Exempt Under the Provisions of Paragraph 45(b) of the Illinois Real Estate Transfer Law. Buyer eller or Represe ative i. . r1... i}L ' J jj�,,;� ._ ".Wgrdel:_....rn.de_�yRs...e':___._•.w.���•_-.r _ .. � , ' ,. '. ,:: .,�., ;: . ... 1 _ .- TO BE FILED WITH THE FULTON COUNTY RECORDER OF DEEDS r AFFIDAVIT FOR PURPOSE OF ILLINOIS PLAT ACT REQUIREMENTS THIS IS A LEGAL DOCUMENT—PLEASE CONSULT YOUR ATTORNEY (Zoning&Subdivision Ordinances May Also Apply) PARCEL NUMBERS: 09-08-35-110-019 in a deed transferring interest in the real estate described in the accompanying deed and further states this transfer IS EXEMPT FROM THE ILLINOIS PLAT ACT(765 ILCS 205)BECAUSE OF THE FOLLOWING: rq NOT A DMSION OF LAND—PARCEL BOUNDARIES REMAIN UNCHANGED. (The Recorder will proceed with recording the deed and no further questions apply. County Plat Officer signature is NOT required. Please sign below and have notarized.) ❑ A DMSION OF LAND THAT MEETS ONE OF THE FOLLOWING EXCEPTIONS—APPROVAL BY COUNTY PLAT OFFICER(0R DESIGNEE)IS REQUIRED ALONG WITH APPLICABLE FEE PRIOR TO RECORDING: ❑ The,divisions or subdivision of land into parcels or tracts of 5 acres or more in size which does not involve any new streets or easements of access. ❑ The division of lots or blocks of less than 1 acre in any recorded subdivision which does not involve any new streets or easements of access. ❑ The sale or exchange of parcels of lard between owners of adjoining and contiguous land. ❑ The conveyance of parcels of land or interest therein for use as a right of way for railroads or other public utility facilities and other pipe lines which does not involve any new streets or easements of access. ❑ The conveyance of land for highway or other public purposes or grants or conveyances relating to the dedication of land for public use or instruments relating to the vacation of land impressed with a public use. ❑ Conveyances made to correct descriptions in prior conveyances. ❑ The sale or exchange of parcels or tracts of land following the division into no more than 2 parts of a particular parcel or tract of land existing on:3aly-17, 1959 and not involving any new streets or easements of access. ❑ The sale of a single lot of less than.5 awes from a larger tract when a survey is made by an Illinois Registered Land Surveyor; provided that this exemption shall not apply to the sale of any subsequent lots from the same larger tract of land,as determined by the dimensions and configuration of the larger tract on October 1,1973,and provided'also that this exemption does not invalidate any local requirements applicable to the subdivision of land. ❑ The preparation of a plan for wind energy devised under section 10-620 of the Property Tax Code. ❑ Division meets criteria for agricultural exemption. I swear to the best of my knowledge that the statements contained herein are true and correct. Grantor/Grantor's Attorney further states that this affidavit for the purpose of indicating to THE RECORDER OF DEEDS OF FULTON COUNTY, ILLINOIS, that the conveyance by the attached instrument is within,and in compliance with,the provisions of the Illinois Plat Act. Name: Gar r�W.Knsel Signature: Date: 3' a 0 Subscribed to before me o � 0. ,•�PYO�j.., J04N.MONT7:$ My Notary ip#279y615�7 NAPu y�i( .1rE OF ��j E•T^""March 7,2022 Approval for State Plat Act,Co SURVEY REQUIRED FOR RECORDING: Yes❑ No ❑ Fulton County Plat Officer/designee: Date: (NOTE: County Plat Officer signature required for properties of in the UNINCORPORATED areas of Fulton County.) y� a ♦ drl'/� ATG ATTORNEYS'TITLE GUARANTY FUND,INC. Policy No. 200391601093-01 CHAMPAIGN, ILLINOIS OWNER'S POLICY OF TITLE INSURANCE American Land Title Association Owner's Policy—adopted June 17,2006 Any notice of claim and any other notice or statement in writing required to be given to Attorneys' Title Guaranty Fund,Inc., under this Policy must be given to Attorneys'Title Guaranty Fund,Inc.,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,Attorneys' Title.Guaranty.Fund,Inc., an Illinois corporation("ATG®")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. 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. ATG FORM 1010-06 ©ATG(REV.10/16) 'ATG'is a registered trademark of Attorneys'Title Guaranty Fund,Inc. Page 1 of 5 f 1 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. ATG 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. This policy shall become effective and binding when Schedule A and Schedule B and any endorsements are signed by a title insurance agent or other authorized signatory of ATG. EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy,and ATG 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 ATG, not recorded in the Public Records at Date of Policy,but Known to the Insured Claimant and not disclosed in writing to ATG 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 Risks 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. 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, ATG FORM 1010-06 ©ATG(REV.10116) Page 2 of 5 (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 ATG 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 ATG 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 ATG may be liable by virtue of this policy, or(iii)if the Title,as insured,is rejected as Unmarketable Title.If ATG is prejudiced by the failure of the Insured Claimant to provide prompt notice,ATG'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 ATG is unable to determine the amount of loss or damage,ATG 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. 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,ATG,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.ATG 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.ATG 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) ATG 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.ATG 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 ATG exercises its rights under this subsection,it must do so diligently. (c) Whenever ATG brings an action or asserts a defense as required or permitted by this policy,ATG 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 any adverse judgment or order. 6. DUTY OF INSURED CLAIMANT TO COOPERATE (a) In all cases where this policy permits or requires ATG to prosecute or provide for the defense of any action or proceeding and any appeals,the Insured shall secure to ATG 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 ATG, the Insured, at ATG's expense, shall give ATG 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 ATG may be necessary or desirable to establish the Title or any other matter as insured.If ATG is prejudiced by the failure of the Insured to furnish the required cooperation,ATG'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) ATG may reasonably require the Insured Claimant to submit to examination under oath by any authorized representative of ATG and to produce for examination, inspection, and copying, at such reasonable times and places as may be designated by the authorized representative of ATG,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 ATG,the Insured Claimant shall grant its permission, in writing,for any authorized representative of ATG 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 ATG pursuant to this Section shall not be disclosed to others unless,in the reasonable judgment of ATG;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 ATG 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,ATG 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 ATG up to the time of payment or tender of payment and that ATG is obligated to pay. Upon the exercise by ATG of this option, all liability and obligations of ATG 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. ATG FORM 1010-06 ©ATG(REV.10116) Page 3 of 5 (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,ATG will pay any costs,attorneys'fees,and expenses incurred by the Insured Claimant that were authorized by ATG up to the time of payment and that ATG 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 ATG up to the time of payment and that ATG is obligated to pay. Upon the exercise by ATG of either of the options provided for in subsections(b)(i)or(ii),ATG'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. (a) The extent of liability of ATG 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 ATG 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 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),ATG 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 ATG 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 ATG or with ATG's consent, ATG 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) ATG 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 ATG. 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 ATG 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 30 days. 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT (a) Whenever ATG 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 ATG.If requested by ATG,the Insured Claimant shall execute documents to evidence the transfer to ATG of these rights and remedies. The Insured Claimant shall permit ATG 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,ATG shall defer the exercise of its right to recover until after the Insured Claimant shall have recovered its loss. (b) ATG'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 ATG 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 ATG 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$2,000,000 or less shall be arbitrated at the option of either ATG or the Insured.All arbitrable matters when the Amount of Insurance is in excess of$2,000,000 shall be arbitrated only when agreed to by both ATG 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 ATG is the entire policy and contract between the Insured and ATG.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. (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. ATG FORM 1010-06 ©ATG(REV.10/16) Page 4 of 5 17. CHOICE OF LAW; FORUM (a) Choice of Law:The Insured acknowledges ATG 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 ATG 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 ATG under this policy must be given to ATG at P.O. Box 9136,Champaign, Illinois61826-9136. ATG FORM 1010-06 ©ATG(REV.10/16) Page 5 of 5 ATTORNEYS' TITLE GUARANTY FUND, INC: ATG° OWNER'S FORM-SCHEDULE A Policy No.:200391601093-01 Date of Policy:April 2,2020 at 11:03 am State Issued: IL Address Reference: File Name: 20-1093 603 Grant Place Canton,IL 61520 Amount of Insurance: $149,900.00 1. Name of Insured: City of Canton,an Illinois municipal corporation 2. The estate or interest in the Land that is insured by this policy is: Fee Simple 3. Title is vested in: City of Canton,an Illinois municipal corporation 4. The Land referred to in this policy is described as follows: Lot Two(2)of Carl Subdivision,a subdivision of a part of Lot One(1)in Barlow&Webster Addition and a part of the Old Toledo,Peoria&Western Stock Yards,all in the Northwest Quarter of Section Thirty-five(35),Township Seven(7)North,Range Four(4)East of the Fourth Principal Meridian,in the City of Canton,Fulton County,Illinois. ISSUED BY Barnhart,Tinsman&Lane,Ltd. 121 W.Elm Street o Canton,IL 61520 rim 309-647-0100 3916 Member No. Signature of Member or Authorized Signature ATG FORM 1021-06 FOR USE IN: ALL STATES ©ATG(1/07) Prepared by ATG REsource® xPage 1 of 1 c ,ATTORNEYS' TITLE GUARANTY FUND, INC: ATG® OWNER'S FORM-SCHEDULE B Policy No.:200391601093-01 Date of Policy: April 2,2020 at 11:03 am State Issued: IL File Name: 20-1093 EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage,and ATG will not pay costs,attorneys' fees,or expenses that arise by reason of- Standard fStandard Exceptions 1. Rights or claims of parties in possession not shown by the Public Records. 2. Any encroachment, encumbrance, violation, variation, or adverse circumstance that would be disclosed by an inspection or 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 that are not shown as existing liens by the Public Records. Special Exceptions 6. The property address listed on Schedule A is provided solely for informational purposes, without warranty as to accuracy or completeness,and is not herebydnsured and is not included in the Land as defined in Condition 1. 7. The lien of taxes assessed for the year 2019 and thereafter: Taxes for the year 2018 in the amount of$2,023.38 are paid. Taxes for the year 2019 and 2020 are not yet due and payable. Permanent Index No.09-08-35-110-019 8. Terms,conditions and provisions of that Corrected Plat of Carl Subdivision,as more fully set forth in that document prepared by Wallace Engineering&Land Surveying Co.,Inc.,dated April 31,2003 and recorded August 25,2003,as Document No.03- 32687,of the Land Records of Fulton County,Illinois. 9. Terms,conditions and provisions of that Plat of Subdivision being known as Carl Subdivision, as more fully set forth in that document prepared by Wallace Engineering&Land Surveying Company,Inc.,Toulon,Illinois,as Job#02473,dated December 20,2002 and recorded January 24,2003,as Document No.03-27179,of the Land Records of Fulton County,Illinois. 10. Covenants and Reservations contained in the Quit Claim Deed from the Toledo,Peoria&Western Railway Corporation to Leslie Carl,dated December 27,2002 and recorded January 24,2003,as Document No.03-27181,of the Land Records of Fulton County,Illinois,including but not limited to,reservation of signal and communications equipment;covenants concerning noise, ISSUED BY Barnhart,Tinsman&Lane,Ltd. 121 W.Elm Street �- - Canton,IL 61520 309-647-0100 3916 Member No. Signature of Member or Authorized Signature ATG FORM 1012-06 FOR USE IN: ALL STATES ©ATG(REV.10/17) Prepared by ATG REsourc& vibration,drainage and construction and maintenance of a fence. 11. Easement Agreement dated December 10,2001 and recorded January 9,2002,as Document No.02-18011, of the Land Records of Fulton County,Illinois,made by and between Toledo,Peoria and Western Railway Corporation(Grantor)and SF&L Railway, Inc.,a Nevada corporation(Grantee),granting: "A permanent and unconditional easement access and use the Railroad Track Materials to fulfill Grantee's common carrier obligation for the construction,reconstruction,maintenance,use,operation and/or removal of the Railroad Tract Materials("railroad purposes")on,over and across the Right of Way situated in Hancock, McDonough,Fulton and Peoria Counties, State of Illinois,"and the terms,conditions and provisions thereof. 12. Exceptions and reservations contained in that certain Deed from the Atchison,Topeka and Santa Fe Railway Company to the T.P.&W.Acquisition Corporation,dated February 3, 1989 and recorded February 9, 1989,in Book 1079,Page 248,as Document No. 89-30682,of the Land Records of Fulton County,Illinois,including but not limited to,the reservation of a non-exclusive easement for construction,reconstruction,maintenance,use and/or operation of fiver optic communication lines,facilities and appurtenances. 13. Rights of the Public,the State of Illinois and the municipality in and to that part of the premises in question taken,used or dedicated for streets,alleys,roads and/or highways. 14. Rights of way for drainage ditches,drain tiles,feeders,laterals and underground pipe,if any. 15. Filings under the Uniform Commercial Code with the Office of the Secretary of State of Illinois,if any. 16. Zoning and/or other restrictions and prohibitions imposed by governmental authority. 17. Easements,covenants,conditions,restrictions and reservations not of record. End of Schedule B. ATG FORM 1012-06 FOR USE IN: ALL STATES ©ATG(REV.10/17) Prepared by ATG REsourceO