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ALTA COMMITMENT FOR TITLE INSURANCE–4/7/17-jm-FIRST AMERICAN TITLE INSURANCE

COMPANY

SCHEDULE A

COMMITMENT NO.

2-34989(R4)

EFFECTIVE DATE OF COMMITMENT:

March 21, 2017 at 5:00 p.m.

YOUR NO.

6977.002

PREPARED FOR: Burke S. Lewis

HACKNEY REAL ESTATE PARTNERS

INQUIRIES SHOULD BE DIRECTED TO: CALLOWAY TITLE AND ESCROW, LLC

4170 ASHFORD-DUNWOODY ROAD

SUITE 525

ATLANTA, GEORGIA 30319

(770) 698-7960

1. POLICY OR POLICIES TO BE ISSUED: AMOUNT

* ALTA OWNERS POLICY – (2006) $8,950,000.00

PROPOSED INSURED:

RCC Cherokee Corners, LLC, a Virginia limited liability company

2. The estate or interest in the land described or referred to in this Commitment and covered

herein is a Fee Simple.

3. Title to said estate or interest in said land is at the effective date hereof vested in:

SRPF A/Cherokee Corners, L.L.C., a Texas limited liability company by virtue of that

certain Limited Warranty Deed recorded in Deed Book 13549, Page 82, Records of

Cherokee County, Georgia; and that certain QuitClaim Deed recorded in Deed Book

13549, Page 90, aforesaid Records; as re-recorded in Deed Book 13681, Page 167,

aforesaid Records.

4. The land referred to in this Commitment is located in the County of Cherokee, State of

Georgia, and described as follows:

ALL THAT TRACT or parcel of land lying and being in Land Lot 1224 of the 15th District,

2nd Section of Cherokee County, Georgia, being more particularly described on Exhibit

“A” attached hereto and by this reference incorporated herein.

COMMITMENT NO. SCHEDULE A (CONTINUED)

2-34989(R4)

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CALLOWAY TITLE AND ESCROW, LLC

__________________________________

AUTHORIZED SIGNATORY

COMMITMENT NO. PART I, SCHEDULE B

2-34989(R4)

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I. THE FOLLOWING ARE REQUIREMENTS TO BE COMPLIED WITH:

1. Instruments necessary to create the estate or interest to be insured must be properly

executed, delivered and duly filed for record; to wit:

LIMITED WARRANTY DEED from SRPF A/Cherokee Corners, L.L.C., a Texas limited

liability company to RCC Cherokee Corners, LLC, a Virginia limited liability company

conveying title to subject property.

This instrument must be executed pursuant to proper limited liability company authority

and the Company must be furnished satisfactory documentary proof thereof. Said

limited liability company must be formed in the State of Georgia or registered in the

State of Georgia and the Company must be furnished documentary proof thereof.

2. Payment to or for the grantor of the full consideration for the estate or interest to be

insured.

3. Confirmation of the entity name of the purchaser with regard to the transaction

contemplated at Item 1 above.

NOTE: Upon compliance with the above requirement, a record search will be

conducted in the appropriate jurisdiction which may disclose subsequent liens,

judgments, and other like matters which will be added to this commitment.

4. Payment, Cancellation and Satisfaction of record of that certain Deed to Secure Deed

With Assignment of Leases and Rents and Security Agreement from SRPF A/Cherokee

Corners, L.L.C., a Texas limited liability company to A10 Capital, LLC, a Delaware

limited liability company, dated as of October 16, 2015, filed for record October 21,

2015 at 2:40 p.m., recorded in Deed Book 13549, Page 96, Records of Cherokee County,

Georgia; securing an indebtedness of $5,933,000.00, maturing November 1, 2020; as

assigned by that certain Assignment of Deed to Secure Debt and Loan Documents from

A10 Capital, LLC, a Delaware limited liability company to A10 REIT, LLC, a Delaware

limited liability company, dated as of October 16, 2015, filed for record October 21, 2015

at 2:40 p.m., recorded in Deed Book 13549, Page 135, aforesaid Records; as further

assigned by that certain Assignment of Deed to Secure Debt and Loan Documents from

A10 REIT, LLC, a Delaware limited liability company to A10 Bridge Asset Financing 2015-

A, LLC, a Delaware limited liability company, dated as of October 16, 2015, filed for

record October 21, 2015 at 2:40 p.m., recorded in Deed Book 13549, Page 141,

aforesaid Records.

COMMITMENT NO. PART I, SCHEDULE B (CONTINUED)

2-34989(R4)

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5. Termination of record of that certain U.C.C. Financing Statement showing SRPF

A/Cherokee Corners, L.L.C. as Debtor and A10 REIT, LLC as Secured Party, filed for

record October 21, 2015 at 2:40 p.m., recorded in Deed Book 13549, Page 148,

aforesaid Records; as assigned to A10 Bridge Asset Financing 2015-A, LLC by U.C.C.

Financing Statement Amendment, filed for record October 21, 2015 at 2:40 p.m.,

recorded in Deed Book 13549, Page 159, aforesaid Records.

6. Proof satisfactory to the Company that any and all water bills associated with subject

property have been paid in full through the date of closing.

NOTE: This requirement cannot be satisfied solely by the production of an affidavit

from the seller or borrower, but requires separate verification with the

appropriate county, municipality and/or service providers.

7. The Company must be furnished proof in affidavit form as to who is in possession of

the subject property and under what claim. Upon receipt of such proof, Item 2(a) of

Part II below will be deleted or amended in accordance with the facts revealed thereby.

8. The Company must be furnished a current accurate survey and surveyor’s inspection

report on the subject property. Upon receipt of same, Items 2(b) and 2(c) of Part II

below will be deleted or amended in accordance with the facts shown thereby.

9. The Company must be furnished satisfactory proof in affidavit form that improvements

and/or repairs or alterations to the property are completed; that contractor,

subcontractors, laborers and materialmen are all paid, and have released of record all

liens or notice of intent to perfect a lien for labor and material; or receipt of proof

satisfactory to the Company that no improvements or repairs were made on the property

within 95 days preceding the filing for record of the instruments required at Item 1

above. Upon receipt of this proof, Item 2(d) of Part II below will be deleted or amended

in accordance with the facts shown thereby.

10. Proof satisfactory to the Company that all taxes or special assessments, including water

bills, which are not shown as existing liens on the public records are paid in full at the

time of closing. Upon receipt of such proof, Item 2(e) of Part II below will be deleted

or amended in accordance with the facts shown thereby.

11. Satisfactory proof to the Company in affidavit form that there are no rights, interest or

claim that may exist, arise or be asserted under or pursuant to the Perishable Agricultural

Commodities Act of 1930, as amended, 7 USC 499a et seq., the Packers and Stockyard

Act of 1921, as amended, 7 USC 181 et seq., or any similar state laws.

COMMITMENT NO. PART I, SCHEDULE B (CONTINUED)

2-34989(R4)

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12. Satisfactory proof in affidavit form from both the Seller and from the Buyer (or Borrower

if there is no sale involved) i.) that no Broker’s services have been engaged with regard

to the management, sale, purchase, lease, option or other conveyance of any interest

in the subject commercial real estate and ii.) that no notice(s) of lien for any such

services has been received. In the event that said affidavit(s) contain any qualification

with respect to any such services, proof of payment in full for all such services, together

with a lien waiver or estoppel letter from such identified Broker(s) must be obtained.

NOTE: Where the possibility of a right to file a Broker’s Lien(s) is determined and

no lien waiver(s) nor Estoppel Letter(s) is furnished to the Company, an

exception as follows will be taken in the final policy:

“Any Broker’s lien, or right to a Broker’s lien, imposed by law.”

FOR YOUR INFORMATION:

State and County taxes for the year 2016 were paid on December 5, 2016 in the amount of

$84,816.65, under Bill No. 98969, Map Reference No. 15N06-182B, on 13.28 acres.

There were no back taxes due. The property lies outside of any city.

COMMITMENT NO. PART II, SCHEDULE B

2-34989(R4)

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II. SCHEDULE B OF THE POLICY OR POLICIES TO BE ISSUED WILL CONTAIN EXCEPTIONS TO

THE FOLLOWING MATTERS UNLESS THE SAME ARE DISPOSED OF TO THE SATISFACTION

OF THE COMPANY:

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. Standard Exceptions:

(a) Rights or claims of parties in possession not shown by the public records.

(b) Easements, or claims of easements, not shown by the public records.

(c) Encroachments, overlaps, boundary line disputes, or other matters which would be

disclosed by an accurate survey or inspection of the premises.

(d) 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.

(e) Taxes or special assessments which are not shown as existing liens by the public

records.

3. Special Exceptions:

(a) All taxes for the year 2017 and subsequent years.

(b) [INTENTIONALLY OMITTED]

(c) No insurance is afforded as to the exact amount of acreage contained in the

property described herein.

(d) Riparian rights incident to the premises.

(e) Rights of tenants in possession, as tenants only, under unrecorded leases, as

shown on Exhibit “B” attached hereto and by this reference incorporated herein.

(f) Deed to Secure Debt from RCC Cherokee Corners, LLC, a Virginia limited liability

company to Hamilton State Bank, a Georgia state banking corporation, dated April

___, 2017, filed for record April ___, 2017 at ___:___ ___.m., recorded in Deed Book

_____, Page ____, Records of Cherokee County, Georgia.

(g) Drainage rights as contained in that certain Right of Way Deed from C.D. Reed to

the State Highway Department of Georgia, dated May 20, 1961, recorded June 9,

1961, recorded in Deed Book 61, Page 339, aforesaid Records.

COMMITMENT NO. PART II, SCHEDULE B (CONTINUED)

2-34989(R4)

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(h) Drainage rights as contained in that certain Right of Way Deed from G.T. Waldrip

and Floy M. Waldrip to the State Highway Department of Georgia, dated October

10, 1961, recorded November 14, 1961, recorded in Deed Book 63, Page 544,

aforesaid Records.

(i) Sanitary Sewer Easement from Sunstates Properties, Inc. to Cherokee County

Water & Sewerage Authority, a political subdivision of the State of Georgia, dated

January 27, 1983, filed for record February 2, 1983 at 9:30 a.m., recorded in

Deed Book 339, Page 94, aforesaid Records.

(j) Utility Easement from W.T. Mobley Jr. to Cobb Electric Membership Corporation,

dated September 14, 1983, filed for record January 12, 1984 at 11:31 a.m.,

recorded in Deed Book 380, Page 622, aforesaid Records.

NOTE: By letter dated September 24, 2015, the Cobb Electric Membership

Corporation claims no further interest in the above mentioned easement,

except the right to operate, maintain, rebuild and renew its existing

facilities and equipment within its presently maintained right-of-way.

(k) [INTENTIONALLY OMITTED]

(l) Easement Agreement by and between W.T. Mobley, Jr. and McDonald’s

Corporation, a Delaware corporation, dated January 31, 1984, filed for record May

11, 1984 at 10:30 a.m., recorded in Deed Book 398, Page 115, aforesaid Records;

as amended by that certain Amendment and Consent to Easement Agreement by

and between W.T. Mobley, Jr., McDonald’s Corporation, a Delaware corporation

and Trust Company Bank, successor by corporate merger to Bank of Woodstock,

dated April 12, 1984, filed for record May 11, 1984 at 10:30 a.m., recorded in

Deed Book 398, Page 124, aforesaid Records; as amended by that certain Second

Amendment and Consent to Easement Agreement by and between Cherokee

Corners Holdings, LLC, McDonald’s Corporation, a Delaware corporation and W.T.

Mobley, Jr., dated May 5, 2004, filed for record May 24, 2004 at 10:01 a.m.,

recorded in Deed Book 7098, Page 318, aforesaid Records. (As shown on the

Survey)

(m) Reciprocal Deed of Declaration by and between W.T. Mobley, Jr., Ingles Markets,

Inc., K-Mart Corporation, McDonald’s Corporation and Trust Company Bank, dated

as of April 25, 1984, filed for record June 12, 1984 at 9:48 a.m., recorded in

Deed Book 403, Page 214, aforesaid Records.

COMMITMENT NO. PART II, SCHEDULE B (CONTINUED)

2-34989(R4)

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(n) Easement Agreement by and between W.T. Mobley, Jr. and KFC National

Management Company, a Delaware corporation, dated November 1, 1984, filed

for record November 8, 1984 at 12:17 p.m., recorded in Deed Book 427, Page

123, aforesaid Records. (As shown on Survey)

(o) Sanitary Sewer Easement Agreement by and between Child Care Leasing-A, Inc.,

a Texas corporation, William T. Mobley, Jr. and Kinder-Care Learning Centers, Inc.,

a Delaware corporation, dated May 2, 1990, filed for record July 10, 1990 at

10:10 a.m., recorded in Deed Book 881, Page 218, aforesaid Records; as re-

recorded July 19, 1990 at 9:30 a.m., recorded in Deed Book 883, Page 574,

aforesaid Records. (As shown on Survey)

(p) Right of Way Easement for construction, maintenance and operation of

conservation lines and systems from W.T. Mobley, Jr. to Southern Bell Telephone

and Telegraph Company, dated August 1, 1991, filed for record September 17,

1991 at 3:00 p.m., recorded in Deed Book 1056, Page 289, aforesaid Records.

(As shown on Survey)

(q) Easement Agreement from W.T. Mobley to Cherokee County Water and Sewerage

Authority, a political subdivision of the State of Georgia, undated, filed for record

January 5, 1993 at 3:00 p.m., recorded in Deed Book 1366, Page 55, aforesaid

Records. (As shown on Survey)

(r) Grant of Easement from W.T. Mobley to Atlanta Gas Light Company, dated

December 15, 1993, filed for record December 16, 1993 at 2:00 p.m., recorded

in Deed Book 1681, Page 93, aforesaid Records. (As shown on Survey)

(s) Permit to Move Power Line from Mobley & Associates to Cobb Electric Membership

Corporation, a Georgia corporation, dated February 14, 1994, filed for record

March 4, 1994 at 11:15 a.m., recorded in Deed Book 1756, Page 331, aforesaid

Records.

NOTE: By letter dated October 1, 2015, the Cobb Electric Membership

Corporation claims no further interest in the above mentioned easement,

except the right to operate, maintain, rebuild and renew its existing

facilities and equipment within its presently maintained right-of-way.

COMMITMENT NO. PART II, SCHEDULE B (CONTINUED)

2-34989(R4)

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(t) Access rights as contained in that certain Right of Way Deed from Cherokee

Corners Holdings, LLC to Department of Transportation, dated October 12, 2004,

filed for record October 22, 2004 at 2:52 p.m., recorded in Deed Book 7455, Page

255, aforesaid Records. (As shown on Survey)

(u) Easement Agreement from Cherokee Corners Holdings, LLC to Cherokee County

Water and Sewerage Authority, a political subdivision of the State of Georgia,

dated April 13, 2006, filed for record May 4, 2006 at 4:32 p.m., recorded in Deed

Book 8737, Page 410, aforesaid Records. (As shown on Survey)

(v) Lease as evidenced by that certain Subordination, Non-Disturbance and Attornment

Agreement by and between SRPF A/Cherokee Corners, L.L.C., a Texas limited

liability company and Family Dollar Stores of Georgia, Inc., a Georgia corporation,

dated October 16, 2015, filed for record January 11, 2016 at 9:40 a.m., recorded

in Deed Book 13653, Page 333, aforesaid Records.

(w) Assignment of Leases and Rents from RCC Cherokee Corners, LLC, a Virginia

limited liability company to Hamilton State Bank, a Georgia state banking

corporation, dated April ___, 2017, filed for record April ___, 2017 at ___:___ ___.m.,

recorded in Deed Book _____, Page ____, aforesaid Records.

(x) Those matters as disclosed by that certain survey entitled “ALTA/NSPS Land Title

Survey For: RCC Cherokee Corners, LLC, a Virginia limited liability company, First

American Title Insurance Company, Hamilton State Bank, its successors and

assigns”, prepared by Travis Pruitt & Associates, Inc., bearing the seal and

certification of Jaime F. Higgins, Georgia Registered Land Surveyor No. 2802,

dated March 2, 2017, being designated as JN: 1-17-0012.604 (the “Survey”), as

follows:

(1) Chain link fence crossing the southerly, southeasterly and northwesterly

boundary lines of subject property;

(2) Five (5’) foot chain link fence crossing the southeasterly boundary line of

subject property;

(3) Power pole crossing the southeasterly and northwesterly boundary lines of

subject property;

(4) Curbing crossing the southeasterly boundary line of subject property;

COMMITMENT NO. PART II, SCHEDULE B (CONTINUED)

2-34989(R4)

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(5) Cross-tie wall crossing the southeasterly boundary line of subject property;

(6) Drop inlet crossing the southeasterly boundary line of subject property;

(7) Twenty-four (24”) inch curbing and gutter crossing the northerly,

southwesterly and northwesterly boundary lines of subject property;

(8) Storm drainage lines crossing the northwesterly boundary line of subject

property;

(9) Power line crossing the northwesterly boundary lines of subject property;

(10) Asphalt, accessways and parking crossing the northerly, northwesterly

and southerly boundary lines of subject property;

(11) One (1) story concrete building encroaching upon fifty (50’) foot residential

buffer along the southeasterly boundary line of subject property;

(12) One (1) story concrete building encroaching upon seventy-five (75’) foot

building setback line along the Right-of-Way of State Route 92; and

(13) Twenty (20’) foot sanitary sewer easement encroaching onto

southwesterly portion of one (1) story concrete block building.

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