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TitleComm001`13-2UL)5 'I'HU U1 :34 FM )­hX NU. N. 2/uU ISSUED BY COMMERCIAL PARTNERS TITLE, LLC AS AGENT FOR FIRST AMERICAN TITLE INSURANCE COMPANY COMMITMENT NUMBER 25719 First Supplemental NOTES FOR INFORMATION THE FOLLOWING IS PROVIDED FOR INFORMATIONAL PURPOSES AND WILL NOT APPEAR ON THE FINAL POLICY: A. This Commitment was prepared by. - Commercial Partners Title, LLC 200 South Sixth Street, Suite 1300 Minneapolis, MN 55402 Phone: (612) 337-2470 Fax: (612) 337-2471 Please direct questions regarding this Commitment to: Kent Magnuson, Underwriting Attorney, at (612) 337-2484 and direct questions regarding the closing to: Jane Miller, Commercial Closer, at (612) 337-2498, If you would like to arrange for additional parties to receive this documentation, please contact our Production Department at (612) 337-2470, B. Upon our receipt and review Of a standard form of affidavit disclosing no adverse matters, Item Nos. 3, 6 and 7 of Schedule B will be deleted from the final policy, Item No. 9 will be modified to reflect the interests of specific tenants. A survey affidavit stating that there has been no change to the property since the previous survey will be required to delete Item Nos. 4 and 5 of Schedule B from the final policy, C. We require a Well Disclosure Certificate be completed and furnished at the time of closing for all deeds that require a Certificate of Real Estate Value. OR The following statement must be added to the deed, The seller certifies that the seller does not know of any wells on the described real property, D. The Tax Reform Act of 1986 requires that the seller provide the . following information at the time of c)osin 1. Tax Identification Number 9 2. Full Forwarding Address. E. Commercial Partners Title, LLC does not have the Abstract of Title for the subject property. F. The legal description at Item No. 4 of Schedule A is related to the property addresses of 125-133 Lakeview Road East, Chanhassen, MN. G, This First Supplemental has been issued to reflect the following changes: 1) Item No, 8(B) of Schedule B has been updated, ALTA Commitment Notes for Information (2 5719, pfd/2571 W 0) ISSUED BY COMMERCIAL PARTNERS LLC ASAGENT FOR FIRST AMERICAN TITLE INSURANCE COMPANY Reference Name: Sienna Corporation COMMITMENT SCHEDULEA I. ComnnibmendDate: Auoust21.2005 at 07:00 AM 2. Policy (or Policies) tobeissued: (a)Owners Policy AOA Own, Policy (10/i7/92) Proposed Insured: Sienna Corporation (b) Loan Policy ALTA Loan Policy (10/17/92) Proposed Insured: (c) Proposed Insured: File No. 2571QFirst 8upp|emenba/ Amount S 8.380.OUO.00 3.T�e�����e |nU��nddesc�ed�������U�Com�meniand ���dherein � F Simple, and tiUeU1eFe��atthe effec�wsdate vested in: a ee Lakeview Hills, LLC, 8Minnesota limited liability company 4. The land referred to in this Commitment is described as follows: SEE EXHIBIT AATTACHED HERETO ALTA Commitment Schedule A(1omm2) Valid Only ir Schuduleoand Cover are Attached 00'1`13-20b 'I'HU 01; 34 FM [ hA Nu. Y' U4/uJ ISSUED BY COMMERCIAL PARTNI✓RS TITLE, LLC AS AGENT FOR FIRST AMERICAN TITLE INSURANCE COMPANY COMMITMENT NUMBER 25719 First Supplemental EXHIBIT A PROPERTY DESCRIPTION The land referred to in this Commitment is described as follows: PARCEL 1 All that part of the Northeast Quarter of the Northeast Quarter, and of Government Lot 1 of Section 24, Township 116, Range 23, together with that part of the Southeast Quarter of the Southeast Quarter of Section 13, Township 116, Range 23, which lies East of a line drawn 641,67 feet West of, measured at a right angle to and parallel with the East line of the Northeast Quarter of the Northeast Quarter of said Section 24, Township 116, Range 23 and its extensions. EXCEPTING therefrom the following described Tracts A and B: Tract A: All that part of the Northeast Quarter of the Northeast Quarter of Section 24, Township 116, Range 23, Carver County, Minnesota described as follows: Commencing at the Northeast corner of said Northeast Quarter of the Northeast Quarter; thence South 0 degrees 20 minutes 00 seconds East along the East line of said Northeast Quarter of the Northeast Quarter a distance of 81,31 feet to the point of beginning of the land to be described; thence continuing South 0 degrees 20 minutes 00 seconds East along said East line a distance of 305.23 feet; thence South 77 degrees 17 minutes 36 seconds West a distance of 656.93 feet to the West line of the East 641.67 feet of said Northeast Quarter of the Northeast Quarter, thence North 0 degrees 20 minutes 00 seconds West parallel with said East line a distance of 394.67 feet to the intersection with a line bearing South 85 degrees 05 minutes 38 seconds West from said point of beginning; thence North 85 degrees 05 minutes 38 seconds East a distance of 643.72 feet to said point of beginning. Tract B. All that part of the Northeast Quarter of the Northeast Quarter of Section 24, Township 116, Range 23, together with that part of the Southeast Quarter of the Southeast Quarter of Section 13, Township 116, Range 23, Carver County, Minnesota which lies East of a line drawn 641.67 feet West of, measured at a right angle to and parallel with the East line of Northeast Quarter of the Northeast Quarter, and its Northerly extension, and North of the following described line: Commencing at the Northeast corner of said Northeast Quarter of the Northeast Quarter, thence South 0 degrees 20 minutes 00 seconds East along the East line of said Northeast Quarter of the Northeast Quarter a distance of 81.31 feet to the point of beginning of the line to be described; thence South 85 degrees 05 minutes 38 seconds West a distance of 643.72 feet to the West line of the East 641.67 feet of said Northeast Quarter of ALTA Commitment Exhibit A (25719.pfd125719l32) UUI—l3—GuuD lnu u1-34 rn r nn HU , UJI ua ISSUED BY COMMERCIAL PARTNERS TITLE, LLC AS AGENT FOR FIRST AMERICAN TITLE INSURANCE COMPANY COMMITMENT NUMBER 25719 EXHIBIT A PROPERTY DESCRIPTION (continued) the Northeast Quarter said line there terminating. Carver County, Minnesota Abstract Property PARCEI.2 Outlot B, North Bay, according to the recorded plat thereof. Carver County, Minnesota Abstract Property ALTA Commilmont Exhibit A (25719.pfd/25719132) OCT -13-2005 THU 01:34 PM FAX NO, P, 06/09 ISSUED BY COMMERCIAL � �~^uu���^^`����l�����TITLE, LLC A3AGENTFOR FIRST AMERICAN TITLE INSURANCE COMPANY COMMITMENT NUMBER 25719 First Supplemental SCHEDULEB EXCEPTIONS Upon payment for the full consicena8on to, or for the account of, the grantors or mortgogorsand recording of the deeds aOd�,[nxo~8es.thehonm and eXaouUonnfwhich are sob�ad/ o tothe Com ' poUcieatobe�ouado..aUcontain excepUonsinSchedule Bthe pa»y't�epoUoyo[ same are disposed of to the satisfaction of the company): |yanowner's policy is tobeissued, the mortgageencumbrance, if any, created aspart ofthe purchase 2. Defect, liens encumbrances, adverse claims nrother mottar`if any, created, first appearing in thb public records or attaching subsequent to the effective date hereof but prior tothe ��= u: proposed acquires for value of record the estate or interest ormnrtgagathereonooveredbythcommitment. is 3. Rights orclaims ofparties hlpossession not shown bvthe public records, 4. EncroaohnOenbs, overlaps, boundary line disputes, and any other matter which disclosed b� ��|naBd byanaccurate aumeyand inspection ofthe premises. - 5. Easements orclaims ofeasements not shown bythe public records. O. 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, 7. Taxes or special assessments which are not shown as existing liens by the public records. ALTA Commitment schedule B(1V/6/82 ISSUED BY COMMERCIAL PARTNERS TITLE, LLC AS AGENT FOR FIRST AMERICAN TITLE INSURANCE COMPANY COMMITMENT NUMBER 25719 SCHEDULE B -EXCEPTIONS 8. General and special taxes and assessments as hereafter listed, if any (all amounts shown being exclusive cfinterest, penalties and ooebe): A.Real est8tataxes payable in2O85are $121.6G6.00and are half paid. Base tax $gG.7O8.42 Property Identification No, 25-O24O1OU(Parcel 1) Real estate taxes payable in2OOGare $4QD.0Oand are half paid. Base tax $49B.00 Property Identification No. 25'553OD2O(Parcel 2\ NOTE: There are no delinquent taxes of record. ' B.Levied e5sessmentafor: PROJECT PRINCIPAL BALANCE DUE: 1. Lyman Blvd. $35.843.40 Reconstruction NOTE: Deferred indefinitely $99,915.00 NOTE: There are nopending assessments cfrecord. 9. Rights or claims of tenants, as tenants only, in possession under unrecorded leases. 10. Mortgage and Security Agreement andFixture Financing Statement dated July 31.19S8.filed Auoust 13.18SG,asDocument No, 1BS5O8.eXeou�dbxLakeview Hills LLC, aN1inn, ota|ir�ibedliability- compeny, as mortgagor. to Miller & Schroeder Investments Corporation, e Minnesota oorponaUoD, as mortgagee, in the original principal amount of $3,750,ODD.00. Assigned to MM&SInvestments Corporation, a Minnesota corporation, byAssignment ofReal Estate Instruments dated August 31.20O1.filed September 2S.2UO1.as(Document No.2Q681S. Assigned to Associated Bank National Association, a national banking association, by Assignment of Mortgage and Assignment of Leases and Rents dated June 1, 2004, filed June 30, 2004, as Document No, A390641, Amended and restated bxAmended and Restated Mortgage and Security Agreement and Fixture Financing Statement dated June 2, 2004, filed June 30, 2004, as Document No. A390642. ALTA Commitment ISSUED BY COMMERCIAL PARTNERS T77TET/C ASAGENT FOR FIRST AMERICAN TITLE INSURANCE COMPANY COMMITMENT NUMBER 25719 SCHEDULE 8'EXCEPTIONS 11. Assignment of Leases and Rents dated July 31, 1996, filed August 13, 1g9G.aaDocument No. 189509. executed by Lakeview Hills LLC. a Minnesota limited liability company, as assignor, to Miler & Schroeder Investments Corporation, a Minnesota corporation, @S assignee. Assigned to N1KV&S Investments Corporation, e Minnesota corporation, bvAssignment ofReal Estate Instruments, dated August 31.20O1.filed September 25.2OO1.oaDocument No. 29G81S. Assigned to Associated Bank National Association, B national banking association, bvAssignment Vf Mortgage and Assignment of Leases and Rents dated June 1, 2004, filed June 30, 2004, as Document No.A39OG41. Amended and restated by Amerided and Restated Assignment of Leases and Rents dated June 2, 2004, filed June 30, 2004, as Document No. A390643, 12. Financing Statement filed June 30, 2004, as Document No. A390644, between Lakeview Hills LLC, as debtor, and Associated Bank, National Association, as secured party. Terms and conditions of and easements contained inEasement Agreement dated July 31.1S8B.filed / August 13.1AS8.osDocument No. 1S85O8.tothe extent towhich itaffects Parcel ofthe land insured hereunder, ,r /l14. Terms and conditions contained in Temporary Access and Utility Easement dated March 31, 1997, filed May 21, 1997, as Document No, 210990. - Terms and conditions of and easements contained in Easement Agreement dated March 16, 1998, filed � Easement for utility, in favor ofMinnesota Valley Electric Cooperative, as created in document in Book 43 of Deeds, Pages 398-399, and modified by Document No. 67379, Terms and conditions ofand easements contained inEasement Agreement filed March 14.1878.in -- Book 147ofDeeds, Page 227-233. 16, Terms and conditions of Wetland Alteration Permit 95-3 dated April 22, 1996, filed October 3, 1996, as Document No. 201713, to the extent to which it affects Parcel 2 of the land insured hereunder. Terms and cond�oOsofConha��xPr�ate 8vand Between the City of Chanhassen, Minnesota and The Rottlund Company, Inc., dated June 10, 1997, filed September 18, 1997, as Document No. 215935, to the extent to which it affects Parcel 2 of the land insured hereunder. ALTA Commitment OCT -13-2005 THU 01:35 PH FAX NO, F, U9/U9 ISSUED BY COMMERCIAL PARTNERS TITLE, LLC AS AGENT FOR FIRST AMERICAN TITLE INSURANCE COMPANY COMMITMENT NUMBER 25719 SCHEDULE B - EXCEPTIONS (Continued) 0. Terms and conditions of Special Assessment Agreement dated October 24, 1994, filed February 1, 1995, as Document No, 176846, Amended by Amendment to Special Assessment Agreement dated May 2, 1997, filed June 26, 1997, as Document No. 212497, Taking of all right of aCCeSS to Trunk Highway No. 312 as shown by Minnesota Department of Transportation Right of Way Plat No. 10-17 filed October 19,2004, as Document No, 399301 and by Quit Claim Deed dated March 4, 2005, filed May 6, 2005, as Document No. 413530. z22-.-' Rights of the public and the State of Minnesota in and to that portion of the insured premises lying below the natural high water mark of Lake Riley. END OF SCHEDULE 8 EXCEPTIONS SEE ATTACHED FOR ADDITIONAL INFORMATION REGARDING THIS FILE ALTA CDmmllment Schedule 9 (1016/82) (25719.pfd/25719134)