flMj Chicago Tide Instirance Compair^
COMMITMENT SCHEDULE A 8107-00033 File No: 810334JW Commitment No;
Effective Date; 12/1/2006 (REVISED 8/17/2007)
1. Policy (or policies) to be issued:
ALTA Owner's Policy 2006 Proposed Insured:
ALTA Loan Policy 2006 Proposed Insured; $To Be Agreed
2. The estate or interest in the land described or referred to in this Commitment and covered herein is fee simple, and title thereto is at the effective date hereof vested in;
OCCIDENTAL CHEMICAL CORPORATION, A NEW YORK CORPORATION
The land referred to in the Commitment is described in Schedule C;
SANATOGA STATION, LOWER POTTSGROVE TOWNSHIP, MONTGOMERY COUNTY, PENNSYLVANIA
SCHEDULE A ALTA Commitment
AR200072 COMMITMENT
CHICAGO TITLE INSURANCE COMPANY
SCHEDULE B - SECTION 1 8107-00033 File No: 810334JW Commitment No;
The following are the requirements to be complied with;
1. Instrument(s) creating the estate or interest must be approved, executed and filed for record, to wit: A MORTGAGE IN THE AMOUNT OF tbd FROM OCCIDENTAL CHEMICAL CORPORATION, A NEW YORK CORPORATION IN FAVOR OF -, TO BE RECORDED AT THE TIME OF THE CLOSING. This Conrimitment is subject to such additional requirements and/or exceptions as may be deemed necessary by the Company upon review of said instruments and upon full disclosure of all facts of this transaction. 2. Payment of the full consideration to, or for the account of, the grantors or mortgagors. 3. Town, County and School Taxes and Water and Sewer Rents paid receipts for the years 2005 through 2007, inclusive, to be produced and filed with the Company. Assessments SEE BELOW Parcel No. SEE BELOW 4. Satisfactory evidence must be produced that the premises are entirely in the possession of the owner and that the premises are not subject to the terms of any unrecorded lease. 5. Satisfactory evidence should be produced that improvenients and/or repairs or alterations to the prernises are completed; that all contractors, subcontractors, labor and material men are fully paid. 6. Payment of all taxes, charges, assessments, levied and assessed against the subject premises, which are due and payable. 7. Proof that no sewers have t>een installed or ordered to be installed, abutting or in front of or upon premises described herein prior to completion of this transaction or receipts for the cost of same to be produced, otherwise an exception will be certified in Schedule "B" of the Policy relieving Company from liability for any loss arising by reason of a claim or claims for such sewer installation and connection therewith. 8. Proof that no parties to this transaction are involved in bankruptcy proceedings; if bankruptcy has been filed, same to be examined; possible additional requirements/exceptions to be added. 9. LIENS TO BE SATISFIED AND/OR RELEASED OF RECORD; MORTGAGES: NONE JUDGMENTS: NONE
SCHEDULE B - Section 1 ALTA Commitment
AR200073 COMMITMENT
CHICAGO TITLE INSURANCE COMPANY
SCHEDULE B - SECTION 1 (Continued) 8107-00033 FileNo: 810334JW Commitment No:
ASSESSMENTS: $2,136,000.00 Parcel No. 42-00-01333-00-2 -Premises A $272,830.00 Parcel No. 42-00-01336-00-8 - Premises B LAST CLOSING AGENT / FILE NO:
10. The following cleed(s) affecting said land were recorded within six (6) months of the date of this commitment. NONE 11. Charter or Certificate of Incorporation,of Occidental Chemical Corporation, A New York Corporation, and all amendments thereto, to be produced. 12. Copy of Resolution of Board of Directors of Occidental Chemical Corporation, a New York Corporation, authorizing the conveyance to insured,, certified to be adopted in accordance with the provisions of its Charter and By-laws, to be produced and filed with the Company. 13. Settled faxes due to Commonwealth of Pennsylvania by Occidental Chemical Corporation, a New York Corporation: 14. Proof that Occidental Chemical Corporation-^ a: New York Corporation, is in good standing as corporation in it's domicile state, to be produced and filed with the company. 19. Official survey to be presented; premises to be described in accordance therewith; additional requirements and/or exceptions may be made upon production of same. (Premises A)
i)untuut-t B - fiecnon i cominuea ALTA Commitment
AR200074 COMMITMENT
CHICAGO TITLE INSURANCE COMPANY
SCHEDULE B - SECTION 2 8107-00033 FileNo: 810334JW Commitment No;
Schedule B of the Policy or Policies to be issued will contain certain exceptions to the matters noted hereafter unless the same are disposed of to the satisfaction of the Company.
1. Defects, liens, encumbrances, adverse claims or other matters, if any created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed Insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. 2. Rights or claims of parties in possession not shown by the public records. 3. Easements, or claims of easements, not shown by the public records. 4. Any encroachments, easements, measurements, conflicts in boundary line, variations in area or content, party vyalls or other facts which a correct survey of the premises would show. (Upon production of a survey made in accordance with "Minimum Standard Detail Requirements for Land Title Surveys as adopted by American Land Title Association and American Congress on Surveying and MapjDing," by a surveyor approved by the Company, this objection will be removed and only the specific objections, if any, disclosed thereby, will t>e excepted herefrom.) 5. 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. 6. Taxes or special assessments which are not shown as existing liens by the public records. 7. The Owner's Policy issued pursuant hereto will contain under Schedules the mortgages, if any, noted under Item 1 of Schedule B - Section 1. 8. Conditions and Agreements as in Deed Book 1462 page 130. 9. Rights granted to Philadelphia Suburban Gas and Electric Company as in Deed Books 846 page 193; Deed Book 846 page 195 and Deed Book 846 page 198. 10. Agreement as in Deed Book 632 page 286. 11. , Rights granted to Philadelphia Electric Company and the Bell Telephone Company of Pennsylvania as more particularly set forth in Deed Book 1238 page 440, Deed Book 1237 page 554 and Deed Book 1522 page 89. 12. Rights granted to Philadelphia Electric Company as more particularly set forth in Deed Books 2528 page 560; Deed Book 2657 page 561; Deed Book 2670 page 272; Deed Book 3193 page 62; Deed Book 3379 page 73; Deed Book 3379 page 76, Deed Book 3219 page 211, Deed Book 1324 page 267, Deed Book 1459 page 569, Deed Book 2667 page 170, Deed Book 2670 page 281 and Deed Book 3430 page 65. 13. Rights granted to Verizon Pennsylvania, Inc. as in Deed Books 5581 page 867 and Deed Book 5378 page 804.
SCHEDULE B - Section 2 ALTA Commitment
AR200075 COMMITMENT
CHICAGO TITLE INSURANCE COMPANY
SCHEDULE B - SECTION 2 (Continued) 8107-00033 FileNo: 810334JW Commitment No;
14. Rights granted to The American Telegraph and Telephone Company as in Deed Books 3123 page 392 and Deed Book 3457 page 536. 15. Private easement and right of way as in Deed Books 3219 page 218. 16. Rights granted to Lower Pottsgrove Township as in Deed Book 4756 page 759. 17. Conditions and restrictions as in Deed Book 4756 page 763. 18. Easement and Service Agreement as in Deed Book 4756 page 770. 19. Option Agreement as in Deed Books 4756 page 797 and Deed Book 4756 page 814. 20. Agreement as in Deed Book 4756 page 837. 21. Memorandum of Lease as in Deed Book 5339 page 212. 22. United States Environmental Protection Agency Administrative Order for Remedial Design and Remedial Action as in Deed Book 5086 page 1513. 23. Consent Decree as in Deed Book 5191 page 994. 24. Sewer Agreements as in Deed Books 1453 page 505 and Deed Book 1453 page 317 25. Reservations as in Deed Book 1634 page 288. 26. Notes, conditions, setback lines, easements, reservations and restrictions as shown and set forth in Plan, recorded in Map Plan/Book No. A-47 page 97 and Land Site Plans L.2 page 360 and L4 page 202. 27. Rights granted to Philadelphia Electric Company as more particularly set forth in Deed Book 1924 page 541. 28. Rights granted to The American Telephone and Telegraph Company as in Deed Book 3113 page 198 and Deed Book 3810 page 339. 29. Right of Way Agreement for sewer as in Deed Book 4962 page 1625. 30. Rights of the United States of America, the Commonwealth of Pennsylvania, the public, and other riparian owners between the high and low water marks of the River; subject to the laws and authority of the Federal and State Governments, their political subdivisions and agencies, over portions of the premises extending beyond the low water mark of the Schuylkill River, to regulate commerce and navigation as well as to exert governmental title and ownership vested in the State in the area lying below the original low water mark. 31. Rights of Pennsylvania Railroad; however acquired, including rights to elevate and/or depress its tracks. 32. Easement of bridge as to Pennsylvania State Highway Route 1041.
SCHEDULE B - Ssc ALTA Commitment
AR200076 COMMITMENT
CHICAGO TITLE INSURANCE COMPANY
SCHEDULE B - SECTION 2 (Continued) 8107-00033 FileNo: 810334JW Commitment No;
33. Public and private rights in and to that portion of the premises lying in the bed of State Highway Route 1041, Hart Road and Yost Road. 34. Rights granted to United States of America as set forth in Deed Book 1512 page 446 and 1512 page 443. 35. Resen/ations as set forth in Deed Book 2076 page 117. 36. Pennsylvania Public Utilities Order as set forth in Deed Book 3351 page 597. 37. Exception and Reservation unto United States of America as set forth in Deed Book 4585 page 338 and Deed Book 2076 page 117.
SCHEDULE B - Section 2 contintjed ALTA Commitment
AR200077 COMMITMENT
CHICAGO TITLE INSURANCE COMPANY
SCHEDULEC (LEGAL DESCRIPTION) 8107-00033 FileNo: 810334JW Commitment No;
The land referred to in this Commitment is described as follows:
PREMISES A LEGAL TO BE FURNISHED
PARCEL # 42-00-01333-00-2
PREMISES A; BEING a part of the same premises which The Firestone Tire and Rubber Company, by Indenture bearing date . 12/3/80 and recorded 12/3/80 in the Office of the Recorder of Deeds, in and for the County of MONTGOMERY in Deed Book 4585 page 338 etc., granted and conveyed unto Hooker Chemicals & Plastics Corp., in fee.
AND the said Hooker Chemicals & Plastics Corp., a New York Corporation has since changed its name to Occidental Chemical Corporation, a New York Corporation.
PREMISES B: ALL THAT CERTAIN tract or parcel of land situate in Lower Pottsgrove Township, Montgomery County, Commonwealth of Pennsylvania, bounded and described in accordance with a Survey and Plan prepared by Ralph E. Shaner & Sons Engineering Company, dated 1/20/1987, and more fully described in Exhibit A, attached hereto and made a part hereof
BEGINNING at a point located on the Northeasteriy side of lands formerly of the Pennsylvania Railroad Company, now Consolidated Rail Corporation (Conrail), said point also located on the Easteriy side of the Pennsylvania Traffic Route #422 (Limited Access), said point being located 50 feet from the centeriine of said Conrail and 110 feet from the centeriine of said Pennsylvania Traffic Route #422; thence, from said point of beginning and on a line parallel to and 110 feet Easteriy of the centeriine of said Traffic Route, North 47 degrees 21 minutes East, 1,301.42 feet to a corner on the Southeriy side of the Main Line Branch formeriy of Reading Company now Consolidated Rail Corporation (Conrail); thence on a line parallel to and 70 feet South of the centeriine of said Conrail, South 87 degrees 40 minutes East, 661.53 feet to a point of deflection; thence, continuing along lands of said Conrail and crossing an A.T.&T. right of way. South 78 degrees 14 minutes 30 seconds East, 179.0 feet to a point; thence, South 02 degrees 30 minutes 10 seconds West, 40.0 feet; thence. South 19 degrees 59 minutes East, 156.0 feet; thence, South 16 degrees 13 minutes 40 seconds East, 191.0 feet; thence, South 76 degrees 14 minutes East; 218.4 feet to a point in the Schuylkill River; thence, continuing in and along the Schuylkill River the following 6 courses and distances: (1) South 42 degrees 48 minutes 26 seconds West, 212.56 feet; (2) South 25 degrees 20 minutes 37 seconds West, 81.04 feet; (3) South 21 degrees 58 minutes 18 seconds West, 198.19 feet; (4) South 18 degrees 23 minutes 25 seconds West, 216.32 feet; (5) South 12 degrees 59 minutes 27 seconds West, 294.66 feet; (6) South 03 degrees 00 minutes 43 seconds West, 145.52 feet to a point on the Northeriy side of lands of said Conrail; thence along lands of said Conrail the following 7 courses and distances: (1) On a line 80 feet from the
AR200078 centeriine of said Conrail and recrossing the A.T.&T, right of way on a curve curving to the left having a radius of 10,823.0 feet, an arc length of 325.90 feet to a point; (2) South 24 degrees 52 minutes 13 seconds West, 15.0 feet; (3) On a line 65.0 feet from the centeriine of said Conrail curving to the left having a radius of 10,808.0 feet, an arc length of 301.19 feet to a point;(4) South 23 degrees 16 minutes 25 seconds West, 25.0 feet to a point; (5) On a line 40.0 feet from the centeriine of said Conrail curving to the left having a radius of 10,783.0 feet, an arc length of 959.71 feet to a point; (6) North 18 degrees 10 minutes 27 seconds East, 10.0 feet to a point; (7) On a line 50.0 feet form the centeriine of said Conrail, North 71 degrees 49 minutes 33 seconds West, 248.55 feet to the point and place of BEGINNING.
PARCEL #42-00-01336-00-8
PREMISES B; BEING the same premises which Reading Real Estate Company, by Indenture bearing date 5/21/87 and recorded 6/9/87in the Office of the Recorder of Deeds, in and for the County of MONTGOMERY in Deed Book 4840 page 732 etc., granted and conveyed unto Occidental Chemical Corporation , in fee.
AR200079 NOTICE
1. SHOULD THE PRESENT TRANSACTION INVOLVE A CONVEYANCE THAT REPRESENTS 51% OR MORE IN VALUE OF SELLER'S REAL ESTATE IN PENNSYLVANIA, THEN BULK SALE CLEARANCE CERTIFICATES MUST BE ACQUIRED FROM THE PRNNSYLVANIA DEPARTMENT OF REVENUE AND THE PENNSYLVANIA DEPARTMENT OF LABOR AND INDUSTRY IN ACCORDANCE WITH 72 P.S. SECTION 1403 AND 43 P.S. SECTION 788.3. BUYER SHOULD SEEK THE ADVICE OF LEGAL COUNSEL SINCE FAILURE TO COMPLY WITH PENNSYLVANIA'S BULK SALE LAWS MAY IMPOSE PERSONAL TAX LIABILITY UPON BUYER. CHICAGO TITLE INSURANCE COMPANY ("COMPANY") ASSUMES NO LIABILITY FOR ANY LACK OF COMPLIANCE BY SELLER AND/OR BUYER WITH THE REQUIREMENTS OF SAID BULK SALE LAWS.
2. IF THIS CONVEYANCE OR REFINANCE OCCURS WITHIN TEN YEARS OF A PREVIOUS INSURANCE OF THE SAME PROPERTY, YOU MAY BE ENTITLED TO A REDUCED RATE. IF THIS IS A TRANSACTION OCCURRING WITHIN FOUR YEARS OF THE ISSUANCE OF A PREVIOUS TITLE INSURANCE POLICY FOR THIS SAME PROPERTY AND THERE HAS BEEN NO CHANGE IN THE OWNERSHIP, YOU MAY BE ENTITLED TO A FURTHER REDUCED RATE.
3. THIS COMMITMENT FOR TITLE INSURANCE DOES NOT CONSTITUTE A REPORT OF TITLE AND IS NOT TO BE RELIED UPON BY THE PROPOSED INSURED(S) OR ANY OTHER PARTY AS A TITLE REPORT OR REPRESENTATION AS THE STATUS OF TITLE. ANY TITLE SEARCH AND EXAMINATION CONDUCTED BY OR FOR THE COMPANY IN CONNECTION WITH THE ISSUANCE OF THIS COMMITMENT FOR TITLE INSURANCE, IF ANY, IS SOLELY FOR THE BENEFIT OF THE COMPANY. THE SOLE LIABILITY OF THE COMPANY AND/OR ITS ISSUING AGENT HEREUNDER SHALL BE SET FORTH IN THE CONDITIONS AND STIPULATIONS OF THIS COMMITMENT FOR TITLE INSURANCE. NEITHER THE COMPANY NOR ITS ISSUING AGENT SHALL BE LIABLE TO THE PROPOSED INSURED(S) OR ANY OTHER PARTY FOR ANY CLAIM OF ALLEGED NEGLIGENCE, NEGLIGENT MISREPRESENTATION, OR ANY OTHER CAUSE OF ACTION IN TORT IN CONNECTION WITH THIS COMMITMENT FOR TITLE INSURANCE.
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