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49-012 (3)
PARK HILL RD EXT-GLENDALE RD BP-2020-0369 GIs#: COMMONWEALTH OF MASSACHUSETTS Map:Block:49-012 CITY OF NORTHAMPTON Lot:-001 PERSONS CONTRACTING WITH UNREGISTERED CONTRACTORS Permit: Building DO NOT HAVE ACCESS TO THE GUARANTY FUND (MGL c.142A) Category: SOLAR ELECTRIC SYSTEM BUILDING PERMIT Permit# BP-2020-0369 Proiect# JS-2019-000369 Est.Cost:$5586427.46 Fee: $19552.50 PERMISSION IS HEREBY GRANTED TO: Const.Class: Contractor: License: Use Group: SEAN HARRINGTON 108163 Lot Size(sg.ft.): 1393920.00 Owner: BURT KENNETH C zonine: Applicant. SEAN HARRINGTON AT. PARK HILL RD EXT - GLENDALE RD Applicant Address: Phone: Insurance: 100 GROVE ST SUITE 315 (732) 427-1009 WORCESTERMA01605 ISSUED ON.11/15/2019 0:00:00 TO PERFORM THE FOLLOWING WORK-3.63 MW AC GROUND MOUNT SOLAR FACILITY POST THIS CARD SO IT IS VISIBLE FROM THE STREET Inspector of Plumbing Inspector of Wiring D.P.W. Building Inspector Underground: Service: Meter: Footings: Rough: Rough: House# Foundation: Driveway Final: Final: Final: Rough Frame: Gas: Fire Department Fireplace/Chimney: Rough: Oil: Insulation: Final: Smoke: Final: THIS PERMIT MAY BE REVOKED BY THE CITY OF NORTHAMPTON UPON VIOLATION OF ANY OF ITS RULES AND REGULATIONS. Certificate of Occupancy Sip-nature: FeeType: Date Paid: Amount: Building 11/15/2019 0:00:00 $19552.50 212 Main Street,Phone(413)587-1240,Fax: (413)587-1272 Louis Hasbrouck—Building Commissioner File#BP-2020-0369 APPLICANT/CONTACT PERSON SEAN HARRINGTON ADDRESS/PHONE 100 GROVE ST SUITE 315 WORCESTER (732)427-1009 PROPERTY LOCATION PARK HILL RD EXT-GLENDALE RD MAP 49 PARCEL 012 001 ZONE THIS SECTION FOR OFFICIAL USE ONLY: PERMIT APPLICATION CHECKLIST ENCLOSED QUIR � D E ZONING FORM FILLED OUT AA Fee Paid Building Permit Filled out Fee Paid 14 Typeof Construction: 3.63 MW AC GROUND MOUNT SOLAR FA ll New Construction V Non Structural interior renovations Addition to Existing Accessory Structure Building Plans Included: Owner/Statement or License 108163 3 sets of Plans./Plot Plan THE FOLLOWING ACTION HAS BEEN TAKEN ON THIS APPLICATION BASED ON INFOJtMATION PRESENTED: Approved Additional permits required(see below) PLANNING BOARD PERMIT REQUIRED UNDER:§ Intermediate Project: Site Plan AND/OR Special Permit With Site Plan Major Project: Site Plan AND/OR Special Permit With Site Plan ZONING BOARD PERMIT REQUIRED UNDER: § Finding Special Permit Variance* Received&Recorded at Registry of Deeds Proof Enclosed Other Permits Required: Curb Cut from DPW Water Availability Sewer Availability Septic Approval Board of Health Well Water Potability Board of Health Permit from Conservation Commission Permit from CB Architecture Committee Permit from Elm Street Commission Permit DPW Storm Water Management Demolition Delay Signature of Building Official Date Note: Issuance of a Zoning permit does not relieve a applicant's burden to comply with all zoning requirements and obtain all required permits from Board of Health,Conservation Commission, Department of public works and other applicable permit granting authorities. *Variances are granted only to those applicants who meet the strict standards of MGL 40A. Contact Office of Planning&Development for more information. Ve ESion 1 Xtpfe iifMay 15,2000 Department use only City of Nort am ton Sjtus o Permit: Building Depart entSEP 9 C rb Cu Driveway Permit 212 Mai Stre t ?01 Sjwer/ ptic Availability Roomj 100 W ter/ ell Availability Northampton!, M,aE 6� i;n r'irir,i^�SaFc; TVA Se of Structural Plans phone 413-587-1240 Faz 413.,15' , 1 PRW.Sit Plans Other Specify APPLICATION TO CONSTRUCT, REPAIR, RENOVATE, CHANGE THE USE OR OCCUPANCY OF,OR DEMOLISH ANY BUILDING OTHER THAN A ONE OR TWO FAMILY DWELLING SECTION 1 -SITE INFORMATION 1.1 Property Address: This section to be completed by office 910 Park Hill Rd, Map 49 Lot 12 Unit Northampton, MA-01062 Zone Overlay District — Elm St. District CB District SECTION 2-PROPERTY OWNERSHIP/AUTHORIZED AGENT 2.1 Owner of Record: Syncarpha Solar LLC [250 W 57th St, Suite 701, New York, NY-10107 Name(Print) Current Mailing Address: 1 212-419-4840 Signature Telephone 2.2 Authorized Agent: CS Energy.LLC 100 Grove St, Suite 315, Worcester,MA 01605 Name(Print) Current Mailing Address-.- Sean ddress:Sean Harrington i(732) 427-1009 Signature "- Telephone SECTION 3-ESTIMATED C RUCTION COSTS Item Estimated Cost(Dollars)to be Official Use Only completed by permit applicant 1. Building $ 5,586,427.46 (a)Building Permit Fee 2. Electrical (b)Estimated Total Cost of Construction from 6 3. Plumbing Building Permit Fee 60 4. Mechanical (HVAC) 1 q, 5. Fire Protection 6. Total=(1 +2+3+4+5) Check Number This Section For Official Use Only Building Permit Number Date Issued Signature: Building Commissioner/Inspector of Buildings Date Version 1.7 Commercial Building Permit May 15,2000 SECTION 4-CONSTRUCTION SERVICES FOR PROJECTS LESS THAN 35,000 CUBIC FEET OF ENCLOSED SPACE Interior Alterations ❑ Existing Wall Signs ❑ Demolition❑ Repairs❑ Additions ❑ Accessory Building❑ Exterior Alteration ❑ Existing Ground Sign❑ New Signs❑ Roofing❑ Change of Use❑ Other 0 Brief Description 3.63 MW AC Ground Mount Solar Facility with 4MW Battery Storage System Of Proposed Work: SECTION 5-USE GROUP AND CONSTRUCTION TYPE USE GROUP(Check as applicable) CONSTRUCTION TYPE A Assembly ❑ A-1 ❑ A-2 ❑ A-3 ❑ 1A ❑ A-4 ❑ A-5 ❑ 113 ❑ B Business ❑ 2A ❑ E Educational ❑ 2B ( ❑ F Factory ❑ F-1 ❑ F-2 ❑ 2C ❑ H High Hazard ❑ 3A ❑ I Institutional ❑ 1-1 ❑ 1-2 ❑ 1-3 ❑ 3B ❑ M Mercantile ❑ 4 ❑ R Residential ❑ R-1 ❑ R-2 ❑ R-3 ❑ 5A ❑ S Storage ❑ S-1 ❑ S-2 ❑ 5B ❑ U utility Specify: ';Solar M Mixed Use ❑ Specify: S Special Use ❑ Specify: COMPLETE THIS SECTION IF EXISTING BUILDING UNDERGOING RENOVATIONS,ADDITIONS AND/OR CHANGE IN USE Existing Use Group: l _ Proposed Use Group: i Existing Hazard Index 780 CMR 34): Proposed Hazard Index 780 CMR 34): SECTION 6 BUILDING HEIGHT AND AREA BUILDING AREA EXISTING PROPOSED NEW CONSTRUCTION OFFICE USE ONLY Floor Area per Floor(sf) r 1 st 2nd 2nd 3rd and 4d' F Total Area(sf) Total Proposed New Construction(sf) Total Height(ft) J _ Total Height ft ( ; 7.Water Supply(M.G.L.c.40,§54) 7.1 Flood Zone Information: 7.3 Sewage Disposal System: Public ❑ Private ❑ Zone Outside Flood Zone[:] Municipal ❑ On site disposal system❑ Version 1.7 Commercial Building Permit May 15,2000 8. NORTHAMPTON ZONIRZ7] Existing Proposed Required by Zoning This column to be filled in by Building Department Lot Size 810792 Frontage 1167.90 Setbacks Front 53 Side L: 55 R: -j L: R:' . 0 Rear 57 U Building Height E� L Bldg. Square Footage % Open Space Footage % (Lot arca minus bldg&paved � � � parking) #of Parking Spaces Fill: (volume&Location) A. Has a Special Permit/Variance/Finding ever been issued for/on the site? NO 0 DONT KNOW Q YES IF YES, date issued: 10/07/2018 IF YES: Was the permit recorded at the Registry of Deeds? NO O DON'T KNOW O YES IF YES: enter Book Page and/or Document# B. Does the site contain a brook, body of water or wetlands? NO © DON'T KNOW © YES IF YES, has a permit been or need to be obtained from the Conservation Commission? Needs to be obtained © Obtained ® , Date Issued: C. Do any signs exist on the property? YES © NO IF YES, describe size, type and location: D. Are there any proposed changes to or additions of signs intended for the property ? YES 0 NO O IF YES, describe size, type and location: E. Will the construction activity disturb(clearing,grading, excavation,or filling)over 1 acre or is it part of a common plan that will disturb over 1 acre? YES O NO IF YES,then a Northampton Storm Water Management Permit from the DPW is required. Version 1.7 Commercial Building Permit May 15.2(XX) SECTION 9-PROFESSIONAL DESIGN AND CONSTRUCTION SERVICES-FOR BUILDINGS AND STRUCTURES SUBJECT TO CONSTRUCTION CONTROL PURSUANT TO 780 CMR 116(CONTAINING MORE THAN 35,000 C.F.OF ENCLOSED SPACE) 9.1 Registered Architect: Not Applicable ❑ Name(Registrant): Registration Number Address Expiration Date Signature Telephone 9.2 Registered Professional Engineer(s): Todd P. Morey, P.E. (Beals Associates, Inc.) MA -Civil Name Areaof 2 Park Plaza Suite 200, Boston, MA 02116 48865 Ad Registration Number 617.242.1120 06.20.2020 Signaturi Telephone Expiration Date Douglas. A. Mutcher(Westwood Consultants) MA - Electrical Name Area of Responsibility 12701 Whitewater Drive, Suite 300, Minnetonka, MN-55343 50102 Address Registration Number //,,W 952-697-5709 06-20-2020 swaturi Telephone Expiration Date Name Area of Responsibility Address Registration Number Signature Telephone Expiration Date Name Area of Responsibility Address Registration Number Signature Telephone Expiration Date 9.3 General Contractor CS Energy LLC Not Applicable ❑ Company Name: Sean Harrington Responsible In Charge of Construction 100 Grove St, Suite 315, Worcester, MA-01605 Address Signature Telephone Version 1.7 Commercial Building Permit May 15,2000 SECTION 10-STRUCTURAL PEER REVIEW(780 CMR 110.11) Independent Structural Engineering Structural Peer Review Required Yes O No O SECTION 11 -OWNER AUTHORIZATION-TO BE COMPLETED WHEN OWNERS AGENT OR CONTRACTOR APPLIES FOR BUILDING PERMIT I, as Owner of the subject property hereby authorize Sean Harrington (CS Energy LLC) to act on my behalf, in all matters relative to work authorized by this building permit application. Signature of Owner Date Sean Harrington I, , as Owner/Authorized Agent hereby declare that the statements and information on the foregoing application are true and accurate, to the best of my knowledge and belief. Signed under the pains and penalties of perjury. Sean Harrington Print Name Signature of Owner/Agent Date SECTION 12-CONSTRUCTION SERVICES 10.1 Licensed Construction Supervisor: Not Applicable ❑ Name of license Holder: Sean Harrington CS-108163 License Number 100 Grove St, Suite 315, Worcester, MA-01605 02/19/2020 Address vExpiration Date 732-427-1009 Signature Telephone SECTION 13-WORKERS'COMPENSATION INSURANCE AFFIDAVIT(M.G.L.c. 152,§25C(6)) Workers Compensation Insurance affidavit must be completed and submitted with this application. Failure to provide this affidavit will result in the denial of the issuance of the building permit. Signed Affidavit Attached Yes 0 No \ The Commonwealth of Massachusetts Department of Industrial Accidents I Congress Street,Suite 100 Boston,MA 02114-2017 www.mass.gov/dia Workers'Compensation Insurance Affidavit:Builders/Contractors/Electricians/Plumbers. TO BE FILED WITH THE PERMITTING AUTHORITY. Apolicant Information Please Print Leeibly Name(Business/Organization/Individual): CS Energy LLC Address: 2045 Lincoln Highwaya City/State/Zip: Edison Ni 08817 Phone#: 732-250-5118 Are you an employer?Check the appropriate box: Type of project(required)' 1,E]I am a employer with 150 employees(full and/or part-time).* 7. ❑New construction 2.❑I am a sole proprietor or partnership and have no employees working for me in 8. ❑Remodeling any capacity.[No workers'comp.insurance required.] 3. I am a homeowner doingall work myself 9. ❑Demolition y [No workers'comp,insurance required.)t 10E]Building addition 4.❑I am a homeowner and will be hiring contractors to conduct all work on my property. 1 will ensure that all contractors either have workers'compensation insurance or are sole 1 I.❑Electrical repairs or additions proprietors with no employees. 12.[:]Plumbing repairs or additions 5.❑1 am a general contractor and I have hired the sub-contractors listed on the attached sheet. 13.❑ p Roof repairs These sub-contractors have employees and have workers'comp.insurance.; 6.❑We are a corporation and its officers have exercised their right of exemption per MGL c. 14.®Other Solar_Installation 152,§1(4),and we have no employees.[No workers'comp.insurance required.] *Any applicant that checks box#1 must also fill out the section below showing their workers'compensation policy information. ♦Homeowners who submit this affidavit indicating they are doing all work and then hire outside contractors must submit a new affidavit indicating such. ;Contractors that check this box must attached an additional sheet showing the name of the sub-contractors and state whether or not those entities have employees. If the sub-contractors have employees,they must provide their workers'comp.policy number. I am an employer that is providing workers'compensation insurance for my employees. Below is the policy and job site information. Insurance Company Name: New Hampshire Ins Co Policy#or Self-ins.Lic.#: WC 080378308 MA Expiration Date: 07/01/2020 Job Site Address: 910 Park Hill Road City/State/Zip: Northampton,MA-01062 Attach a copy of the workers'compensation policy declaration page(showing the policy number and expiration date). Failure to secure coverage as required under MGL c. 152,§25A is a criminal violation punishable by a fine up to$1,500.00 and/or one-year imprisonment,as well as civil penalties in the form of a STOP WORK ORDER and a fine of up to$250.00 a day against the violator.A copy of this statement may be forwarded to the Office of Investigations of the DIA for insurance coverage verification. I do hereby certify under the pains and penalties ofperjury that the information provided above is true and correct Signature: 61��4 Date: 06/28/19 Phone#: 7322 -5118 Official use only. Do not write in this area,to be completed by city or town official City or Town: Permit/License# Issuing Authority(circle one): I.Board of Health 2.Building Department 3.City/Town Clerk 4.Electrical Inspector 5.Plumbing Inspector 6.Other Contact Person: Phone#: OWNER'S POLICY OF TITLE INSURANCE Issued by Fidelity National Title Insurance Company Fidelity National Title POLICY NUMBER Insurance Company 18-0056d N R-F N Any notice of claim and any other notice or statement in writing required to be given to the Company under this Policy must be given to the Company at the address shown in Section 18 of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE,THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B,AND THE CONDITIONS,Fidelity National Title Insurance Company,a California corporation(the"Company")insures,as of Date of Policy and,to the extent stated in Covered Risks 9 and 10,after Date of Policy,against loss or damage,not exceeding the Amount of Insurance,sustained or incurred by the Insured by reason of. 1. Title being vested other than as stated in Schedule A. 2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from (a) A defect in the Title caused by (i) forgery,fraud,undue influence,duress,incompetency,incapacity,or impersonation; (ii) failure of any person or Entity to have authorized a transfer or conveyance; (iii) a document affecting Title not properly created,executed,witnessed,sealed,acknowledged,notarized,or delivered; (iv) failure to perform those acts necessary to create a document by electronic means authorized by law; (v) a document executed under a falsified,expired,or otherwise invalid power of attorney; (vi) a document not properly filed,recorded,or indexed in the Public Records including failure to perform those acts by electronic means authorized by law;or (vii) a defective judicial or administrative proceeding. (b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable,but unpaid. (c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. The term"encroachment"includes encroachments of existing improvements located on the Land onto adjoining land,and encroachments onto the Land of existing improvements located on adjoining land. 3. Unmarketable Title. 4. No right of access to and from the Land. 5. The violation or enforcement of any law,ordinance,permit,or governmental regulation(including those relating to building and zoning)restricting,regulating, prohibiting,or relating to- (a) the occupancy,use,or enjoyment of the Land; (b) the character,dimensions,or location of any improvement erected on the Land; (c) the subdivision of land,or (d) environmental protection if a notice,describing any part of the Land,is recorded in the Public Records setting forth the violation or intention to enforce,but only to the extent of the violation or enforcement referred to in that notice. 6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action,describing any part of the Land,is recorded in the Public Records,but only to the extent of the enforcement referred to in that notice. 7. The exercise of the rights of eminent domain if a notice of the exercise,describing any part of the Land,is recorded in the Public Records. 8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge. 9. Title being vested other than as stated in Schedule A or being defective (a) as a result of the avoidance in whole or in part,or from a court order providing an alternative remedy,of a transfer of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy,state insolvency,or similar creditors'rights laws;or (b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy,state insolvency, or similar creditors'rights laws by reason of the failure of its recording in the Public Records (i) to be timely,or (ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor. 10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The Company will also pay the costs,attomeys'fees,and expenses incurred in defense of any matter insured against by this Policy,but only to the extent provided in the Conditions. IN WITNESS WHEREOF,the Company has caused this Policy to be signed with the facsimile signatures of its President and Secretary and sealed as required by its By-Laws. FIDELITY NATIONAL TITLE INSURANCE COMPANY Countersigned and Validated: By: President 111 L✓�0\.J����jjj,,��� L/ > SEAL Authorized Signature > Attest: Natalie E.Robb Secretary ALTA Owner's Policy(06/17/06) 18-0056dNR-FN Copyright American Land Title Association.All rights reserved.The use of this Form is restricted to ALTA licensees and ALTA inembers in good standing as of the date of use.All other uses are prohibited.Reprinted under license from the American Land Title Association EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage,costs, attorneys'fees, or expenses that arise by reason of: 1. (a) Any law,ordinance,permit,or governmental regulation(including those relating to building and zoning)restricting,regulating,prohibiting, or relating to (i) the occupancy,use,or enjoyment of the Land; (ii) the character,dimensions,or location of any improvement erected on the Land; (iii) the subdivision of land;or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b)does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects,liens,encumbrances,adverse claims,or other matters (a) created,suffered,assumed,or agreed to by the Insured Claimant; (b) not Known to the Company,not recorded in the Public Records at Date of Policy,but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy(however,this does not modify or limit the coverage provided under Covered Risk 9 and 10;or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim,by reason of the operation of federal bankruptcy,state insolvency,or similar creditors'rights laws,that the transaction vesting the Title as shown in Schedule A,is (a) a fraudulent conveyance or fraudulent transfer;or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A 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 11 and 12 of these Conditions. (b) "Date of Policy": The date designated as"Date of Policy"in Schedule A. (c) "Entity": A corporation,partnership,trust,limited liability company,or other similar legal entity. (d) "Insured": The Insured named in Schedule A. (i) The term"Insured"also includes (A) successors to the Title of the Insured by operation of law as distinguished from purchase,including heirs,devisees,survivors, personal representatives,or next of kin; (B) successors to an Insured by dissolution,merger,consolidation,distribution,or reorganization; (C) successors to an Insured by its conversion to another kind of Entity; (D) a grantee of an Insured under a deed delivered without payment of actual valuable consideration conveying the Title (1) if the stock,shares,memberships,or other equity interests of the grantee are wholly-owned by the named Insured, (2) if the grantee wholly owns the named Insured, (3) if the grantee is wholly-owned by an affiliated Entity of the named Insured, provided the affiliated Entity and the named Insured are both wholly-owned by the same person or Entity,or (4) if the grantee is a trustee or beneficiary of a trust created by a written instrument established by the Insured named in Schedule A for estate planning purposes. (ii) With regard to(A), (B), (C),and (D)reserving, however, all rights and defenses as to any successor that the Company would have had against any predecessor Insured. (e) "Insured Claimant": An Insured claiming loss or damage. (f) "Knowledge"or"Known": Actual knowledge, not constructive knowledge or notice that may be imputed to an Insured by reason of the Public Records or any other records that impart constructive notice of matters affecting the Title. (g) "Land": The land described in Schedule A,and affixed improvements that by law constitute real property. The term"Land"does not include any property beyond the lines of the area described in Schedule A,nor any right,title,interest,estate,or easement in abutting streets,roads, avenues,alleys,lanes,ways,or waterways,but this does not modify or limit the extent that a right of access to and from the Land is insured by this policy. (h) "Mortgage": Mortgage,deed of trust,trust deed, or other security instrument, including one evidenced by electronic means authorized by law. (i) "Public Records": Records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. With respect to Covered Risk 5(d),"Public Records"shall also include environmental protection liens filed in the records of the clerk of the United States District Court for the district where the Land is located. Q) "Title": The estate or interest described in Schedule A. (k) "Unmarketable Title": Title affected by an alleged or apparent matter that would permit a prospective purchaser or lessee of the Title or lender on the Title to be released from the obligation to purchase, lease, or lend if there is a contractual condition requiring the delivery of marketable title. 2. CONTINUATION OF INSURANCE The coverage of this policy shall continue in force as of Date of Policy in favor of an Insured,but only so long as the Insured retains an estate or interest in the Land,or holds an obligation secured by a purchase money Mortgage given by a purchaser from the Insured,or only so long as the Insured shall have liability by reason of warranties in any transfer or conveyance of the Title. This policy shall not continue in force in favor of any purchaser from the Insured of either(i)an estate or interest in the Land,or(ii)an obligation secured by a purchase money Mortgage given to the Insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT The Insured shall notify the Company promptly in writing(i)in case of any litigation as set forth in Section 5(a)of these Conditions,(ii)in case Knowledge shall come to an Insured hereunder of any claim of title or interest that is adverse to the Title,as insured,and that might cause loss or damage for which ALTA Owner's Policy(06/17/06) 18-0056dNR-FN Copyright American Land Title Association.All rights reserved.The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use.All other uses are prohibited.Reprinted under license from the American Land Title Association the Company may be liable by virtue of this policy, or(iii)if the Title,as insured,is rejected as Unmarketable Title. If the Company is prejudiced by the failure of the Insured Claimant to provide prompt notice,the Company's liability to the Insured Claimant under the policy shall be reduced to the extent of the prejudice. 4. PROOF OF LOSS In the event the Company is unable to determine the amount of loss or damage,the Company may,at its option, require as a condition of payment that the Insured Claimant furnish a signed proof of loss. The proof of loss must describe the defect,lien,encumbrance,or other matter insured against by this policy that constitutes the basis of loss or damage and shall state,to the extent possible,the basis of calculating the amount of the loss or damage. 5. DEFENSE AND PROSECUTION OF ACTIONS (a) Upon written request by the Insured,and subject to the options contained in Section 7 of these Conditions,the Company, at its own cost and without unreasonable delay, shall provide for the defense of an Insured in litigation in which any third party asserts a claim covered by this policy adverse to the Insured. This obligation is limited to only those stated causes of action alleging matters insured against by this policy. The Company shall have the right to select counsel of its choice(subject to the right of the Insured to object for reasonable cause)to represent the Insured as to those stated causes of action. It shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees,costs,or expenses incurred by the Insured in the defense of those causes of action that allege matters not insured against by this policy. (b) The Company shall have the right, in addition to the options contained in Section 7 of these Conditions, at its own cost, to institute and prosecute any action or proceeding or to do any other act that in its opinion may be necessary or desirable to establish the Title,as insured,or to prevent or reduce loss or damage to the Insured. The Company may take any appropriate action under the terms of this policy,whether or not it shall be liable to the Insured. The exercise of these rights shall not be an admission of liability or waiver of any provision of this policy. If the Company exercises its rights under this subsection,it must do so diligently. Whenever the Company brings an action or asserts a defense as required or permitted by this policy,the Company may pursue the litigation to a final determination by a court of competent jurisdiction,and it expressly reserves the right,in its sole discretion,to appeal any adverse judgment or order. 6. DUTY OF INSURED CLAIMANT TO COOPERATE (a) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding and any appeals,the Insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding,including the right to use,at its option,the name of the Insured for this purpose. Whenever requested by the Company,the Insured,at the Company's expense,shall give the Company all reasonable aid(i)in securing evidence,obtaining witnesses,prosecuting or defending the action or proceeding,or effecting settlement,and(ii)in any other lawful act that in the opinion of the Company may be necessary or desirable to establish the Title or any other matter as insured. If the Company is prejudiced by the failure of the Insured to furnish the required cooperation,the Company's obligations to the Insured under the policy shall terminate, including any liability or obligation to defend,prosecute,or continue any litigation,with regard to the matter or matters requiring such cooperation. (b) The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized representative of the Company and to produce for examination, inspection, and copying, at such reasonable times and places as may be designated by the authorized representative of the Company,all records,in whatever medium maintained,including books, ledgers,checks,memoranda,correspondence,reports,e- mails,disks,tapes,and videos whether bearing a date before or after Date of Policy,that reasonably pertain to the loss or damage. Further,if requested by any authorized representative of the Company, the Insured Claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect,and copy all of these records in the custody or control of a third party that reasonably pertain to the loss or damage. All information designated as confidential by the Insured Claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company,it is necessary in the administration of the claim. Failure of the Insured Claimant to submit for examination under oath,produce any reasonably requested information,or grant permission to secure reasonably necessary information from third parties as required in this subsection,unless prohibited by law or governmental regulation,shall terminate any liability of the Company under this policy as to that claim. 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS;TERMINATION OF LIABILITY In case of a claim under this policy,the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Insurance. To pay or tender payment of the Amount of Insurance under this policy together with any costs, attorneys'fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to pay. Upon the exercise by the Company of this option, all liability and obligations of the Company to the Insured under this policy, other than to make the payment required in this subsection,shall terminate, including any liability or obligation to defend,prosecute,or continue any litigation. (b) To Pay or Otherwise Settle With Parties Other Than the Insured or With the Insured Claimant. (i) To pay or otherwise settle with other parties for or in the name of an Insured Claimant any claim insured against under this policy. In addition,the Company will pay any costs,attorneys'fees,and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay;or (ii) To pay or otherwise settle with the Insured Claimant the loss or damage provided for under this policy,together with any costs,attorneys' fees,and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in subsections(b)(i)or(ii),the Company's obligations to the Insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute,or continue any litigation. 8. DETERMINATION AND EXTENT OF LIABILITY This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the Insured Claimant who has suffered loss or damage by reason of matters insured against by this policy. (a) The extent of liability of the Company for loss or damage under this policy shall not exceed the lesser of (i) the Amount of Insurance;or (ii) the difference between the value of the Title as insured and the value of the Title subject to the risk insured against by this policy. (b) If the Company pursues its rights under Section 5 of these Conditions and is unsuccessful in establishing the Title,as insured, (i) the Amount of Insurance shall be increased by 10%,and (ii) the Insured Claimant shall have the right to have the loss or damage determined either as of the date the claim was made by the Insured Claimant or as of the date it is settled and paid. (c) In addition to the extent of liability under (a) and (b), the Company will also pay those costs, attorneys' fees, and expenses incurred in accordance with Sections 5 and 7 of these Conditions. 9. LIMITATION OF LIABILITY (a) If the Company establishes the Title,or removes the alleged defect,lien, or encumbrance, or cures the lack of a right of access to or from the Land,or cures the claim of Unmarketable Title,all as insured,in a reasonably diligent manner by any method,including litigation and the completion of any appeals,it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused to the Insured. (b) In the event of any litigation,including litigation by the Company or with the Company's consent,the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals,adverse to the Title,as insured. (c) The Company shall not be liable for loss or damage to the Insured for liability voluntarily assumed by the Insured in settling any claim or suit without the prior written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY All payments under this policy,except payments made for costs,attorneys'fees,and expenses,shall reduce the Amount of Insurance by the amount of the payment. 11. LIABILITY NONCUMULATIVE The Amount of Insurance shall be reduced by any amount the Company pays under any policy insuring a Mortgage to which exception is taken in Schedule B or to which the Insured has agreed,assumed,or taken subject,or which is executed by an Insured after Date of Policy and which is a charge or lien on the Title,and the amount so paid shall be deemed a payment to the Insured under this policy. 12. PAYMENT OF LOSS When liability and the extent of loss or damage have been definitely fixed in accordance with these Conditions,the payment shall be made within 30 days. 13.RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT (a) Whenever the Company shall have settled and paid a claim under this policy,it shall be subrogated and entitled to the rights of the Insured Claimant in the Title and all other rights and remedies in respect to the claim that the Insured Claimant has against any person or property,to the extent of the amount of any loss,costs, attorneys'fees,and expenses paid by the Company. If requested by the Company,the Insured Claimant shall execute documents to evidence the transfer to the Company of these rights and remedies. The Insured Claimant shall permit the Company to sue,compromise, or settle in the name of the Insured Claimant and to use the name of the Insured Claimant in any transaction or litigation involving these rights and remedies. If a payment on account of a claim does not fully cover the loss of the Insured Claimant,the Company shall defer the exercise of its right to recover until after the Insured Claimant shall have recovered its loss. (b) The Company's right of subrogation includes the rights of the Insured to indemnities,guaranties, other policies of insurance, or bonds, notwithstanding any terms or conditions contained in those instruments that address subrogation rights. 14.ARBITRATION Either the Company or the Insured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Title Association ("Rules"). Except as provided in the Rules, there shall be no joinder or consolidation with claims or controversies of other persons. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Insured arising out of or relating to this policy, any service in connection with its issuance or the breach of a policy provision, or to any other controversy or claim.arising out of the transaction giving rise to this policy. All arbitrable matters when the Amount of Insurance is$2,000,000 or less shall be arbitrated at the option of either the Company or the Insured. All arbitrable matters when the Amount of Insurance is in excess of$2,000,000 shall be arbitrated only when agreed to by both the Company and the Insured. Arbitration pursuant to this policy and under the Rules shall be binding upon the parties. Judgment upon the award rendered by the Arbitrator(s)may be entered in any court of competent jurisdiction. 15.LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT (a) This policy together with all endorsements, if any,attached to it by the Company is the entire policy and contract between the Insured and the Company. In interpreting any provision of this policy,this policy shall be construed as a whole. (b) Any claim of loss or damage that arises out of the status of the Title or by any action asserting such claim shall be restricted to this policy. (c) Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized person, or expressly incorporated by Schedule A of this policy. (d) Each endorsement to this policy issued at any time is made a part of this policy and is subject to all of its terms and provisions. Except as the endorsement expressly states,it does not(i)modify any of the terms and provisions of the policy,(ii)modify any prior endorsement,(iii)extend the Date of Policy,or(iv)increase the Amount of Insurance. 16.SEVERABILITY In the event any provision of this policy,in whole or in part,is held invalid or unenforceable under applicable law,the policy shall be deemed not to include that provision or such part held to be invalid,but all other provisions shall remain in full force and effect. 17.CHOICE OF LAW; FORUM (a) Choice of Law: The Insured acknowledges the Company has underwritten the risks covered by this policy and determined the premium charged therefor in reliance upon the law affecting interests in real property and applicable to the interpretation,rights,remedies,or enforcement of policies of title insurance of the jurisdiction where the Land is located. Therefore,the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity of claims against the Title that are adverse to the Insured and to interpret and enforce the terms of this policy. In neither case shall the court or arbitrator apply its conflicts of law principles to determine the applicable law. (b) Choice of Forum: Any litigation or other proceeding brought by the Insured against the Company must be filed only in a state or federal court within the United States of America or its territories having appropriate jurisdiction. 18. NOTICES,WHERE SENT Any notice of claim and any other notice or statement in writing required to be given to the Company under this Policy must be given to the Company at:Claims Department,PO Box 45023,Jacksonville,Florida 32232-5023 Fidelity National Title Insurance Company SCHEDULE A OWNER'S POLICY Office File No.: 18-0056d OWNER POLICY NUMBER DATE OF POLICY AMOUNT OF INSURANCE 18-0056dNR-FN January 24,2019 @ 12:04 $6,624,550.00 P.M. 1. Name of Insured: Shasta Terra, LLC 2. The estate or interest in the Land described herein and which is covered by this policy is: Fee Simple 3. The estate or interest referred to herein is at Date of Policy vested in the Insured. 4. The Land referred to in this policy is described as follows: All that certain parcel of land with the improvements thereon, situated at: 0 Glendale Road, in the City/Town of Northampton, County of Hampshire, and Commonwealth of Massachusetts and is described as set forth in "Exhibit A"attached hereto and made a part hereof. For Title see deed of Kenneth C. Burt, John H. Burt and JKB Farms, Inc. dated January 23, 2019 and recorded in Book 13185, Page 346. Note: Recorded Documents referred to herein are recorded with the Hampshire County Registry of Deeds. Filed Documents referred to herein are filed with the Hampshire County Registry District of the Land Court. Direct Claim Inquiries to Fidelity National Title Insurance Company Attn: Claims Dept P.O. Box 45023 Jacksonville,FL 32232-5023 COUNTERSIGNED: t BY: Natalie E. Robb//Authorized Signatory FEE OWNERS POLICY_18-0056D.DOCX SCHEDULE A ALTA OWNER'S POLICY 2006(6/17/06) 5 Fidelity National Title Insurance Company OWNER'S POLICY SCHEDULE B - EXCEPTIONS Owner's Policy No.: 18-0056dNR-FN Office File No.:18-0056d Parcels A, B, and D as shown on an Approval Not Required Plan of Land entitled "Plan of Land in Northampton, MA" dated August 8, 2018 and recorded in Plan Book 242, Page 122. FEE OWNERS POLICY_18-0056D.DOCX SCHEDULE B ALTA OWNER'S POLICY 2006(6/17/06) 6 Fidelity National Title Insurance Company OWNER'S POLICY SCHEDULE B - EXCEPTIONS Owner's Policy No.: 18-0056dNR-FN Office File No.:18-0056d THIS POLICY DOES NOT REPUBLISH ANY COVENANT, CONDITION, RESTRICTION, OR LIMITATION CONTAINED IN ANY DOCUMENT REFERRED TO IN THIS POLICY TO THE EXTENT THAT THE SPECIFIC COVENANT, CONDITION, RESTRICTION, OR LIMITATION VIOLATES STATE OR FEDERAL LAW BASED ON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, GENDER IDENTITY, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN. This policy does not insure against loss or damage, and the Company will not pay costs, attorneys'fees, or expenses that arise by reason of: 1. Intentionally deleted. 2. Intentionally deleted. 3. Intentionally deleted. 4. Intentionally deleted. 5. Liens for taxes and assessments which become due and payable subsequent to the Date of Policy. Note: Taxes are paid through December 31, 2018. 6. The quantity of acreage, square footage or area of the Land. 7. Intentionally deleted. 8. Order of Conditions by the Northampton Conservation Commission, recorded with said Deeds, Book 13129, Page 84. 9. Decision by the City of Northampton Planning Board, recorded with said Deeds, Book 13139, Page 41. 10. Matters disclosed by Survey entitled "ALTA/NSPS Land Title Survey of Land in Northampton, MA," prepared for Syncarpha Captial, LLC by Northeast Survey Consultants, dated January 22, 2019, Project No. 18-059, including the following: a. Shed,junk pile, boat and tractor encroach on to the Land b. Fence encroaches onto land n/f City of Northampton; c. Fence encroaches onto land n/f Marc Sternick&Adele Marcus d. Fence encroaches onto Park Hill Road; e. Rights of others in and to Hannum Brook and the unobstructed flow thereof; 11. Lease by and between Green Apple Farms IV, LLC and Syncarpha Northampton, LLC, as evidenced by Memorandum of Lease dated January 23, 2019 and recorded on January 24, 2019 in Book 13185, Page 352. 12. Matters disclosed by site and elevation plans made by Beals Associates, dated August 17, 2018, last revised September 10, 2018, designated as Syncarpha Northampton Solar Project, including the following: a. Proposed access, underground electric lines, and drainage features encroach into Park Hill Road; b. Plantings encroach onto Parcel C. FEE OWNERS POLICY_18-0056D.DOCX SCHEDULE B ALTA OWNER'S POLICY 2006(6/17/06) 7 Fidelity National Title Insurance Company Property Address:0 Glendale Road, Northampton, MA File No. 18-0056d DELETION OF ARBITRATION ENDORSEMENT Attached to Policy No. 18-0056dNR-FN Paragraph 14 of the Conditions of the policy is hereby deleted. This endorsement is issued as part of the policy. Except as it expressly states, it does not(i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or(iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements. Dated: January 24, 2019 FIDELITY NATIONAL TITLE INSURANCE COMPANY Countersigned: Natalie E. Robb H Authorized Signatory FEE OWNERS POLICY 18-0056D.DOCX Fidelity National Title Insurance Company Property Address:0 Glendale Road,Northampton,MA File No.18-0056d COMMERCIAL ENVIRONMENTAL PROTECTION LIEN ENDORSEMENT Attached to Policy No. 18-0056dNR-FN The Company insures the insured against loss or damage sustained by reason of any environmental protection lien which, at Date of Policy, is recorded in those 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, except as set forth in Schedule B This endorsement is issued as part of the policy. Except as it expressly states, it does not(i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsement Dated: January 24, 2019 FIDELITY NATIONAL TITLE INSURANCE COMPANY Countersigned: Natalie E. Robb//Authorized Signatory FEE OWNERS POLICY 18-0056D.DOCX Fidelity National Title Insurance Company Property Address:0 Glendale Road, Northampton,MA File No. 18-0056d ALTA 17-ACCESS AND ENTRY ENDORSEMENT Attached to Policy No. 18-0056dNR-FN The Company insures against loss or damage sustained by the Insured if, at Date of Policy(i) the Land does not abut and have both actual vehicular and pedestrian access to and from Park Hill Road (the "Street'), (ii)the Street is not physically open and publicly maintained, or(iii) the Insured has no right to use existing curb cuts or entries along that portion of the Street abutting the Land. This endorsement is issued as part of the policy. Except as it expressly states, it does not(i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsement Dated: January 24, 2019 FIDELITY NATIONAL TITLE INSURANCE COMPANY Countersigned: Natalie E. Robb H Authorized Signatory Copyright 2006-2012 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. FEE OWNERS POLICY 18-0056D.DOCX Fidelity National Title Insurance Company Property Address:0 Glendale Road, Northampton, MA File No. 18-0056d ALTA 25 -SURVEY ENDORSEMENT Attached to Policy No. 18-0056dNR-FN The Company insures against loss or damage sustained by the Insured by reason of the failure of the Land as described in Schedule A to be the same as parcels A, B and D identified on the Survey shown in Schedule B as Item 8 . This endorsement is issued as part of the policy. Except as it expressly states, it does not(i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii)extend the Date of Policy, or (iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements. Dated: January 24, 2019 FIDELITY NATIONAL TITLE INSURANCE COMPANY Countersigned: Natalie E. Robb//Authorized Signatory Copyright 2006-2012 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. FEE OWNERS POLICY 18-0056D.DOCX Fidelity National Title Insurance Company Property Address:0 Glendale Road, Northampton,MA File No. 18-0056d ALTA 26-SUBDIVISION ENDORSEMENT Attached to Policy No. 18-0056dNR-FN The Company insures against loss or damage sustained by the Insured by reason of the failure of the Land to constitute a lawfully created parcel according to the subdivision statutes and local subdivision ordinances applicable to the Land. This endorsement is issued as part of the policy. Except as it expressly states, it does not(i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or(iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements. Dated: January 24, 2019 FIDELITY NATIONAL TITLE INSURANCE COMPANY Countersigned: Natalie E. Robb H Authorized Signatory Copyright 2006-2012 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. FEE OWNERS POLICY 18-0056D.DOCX Fidelity National Title Insurance Company Property Address:0 Glendale Road,Northampton, MA File No. 18-0056d ALTA 36.4 ENERGY PROJECT—COVENANTS, CONDITIONS AND RESTRICTIONS LAND UNDER DEVELOPMENT ENDORSEMENT(OWNER'S) Attached to Policy No. 18-0056dNR-FN 1. The insurance provided by this endorsement is subject to the exclusions in Section 4 of this endorsement; and the Exclusions from Coverage, the Exceptions from Coverage contained in Schedule B, and the Conditions in the policy. 2. For purposes of this endorsement only: a. "Covenant" means a covenant, condition, limitation or restriction in a document or instrument in effect at Date of Policy. b. "Electricity Facility' means an electricity generating facility that may include one or more of the following: a substation; a transmission, distribution or collector line; an interconnection, inverter, transformer, generator, turbine, array, solar panel, or module; a circuit breaker, footing, tower, pole, cross-arm, guy line, anchor, wire, control system, communications or radio relay system, safety protection facility, road, and other building, structure, fixture, machinery, equipment, appliance and item associated with or incidental to the generation, conversion, storage, switching, metering, step-up, step-down, inversion, transmission, conducting, wheeling, sale or other use or conveyance of electricity, on the Land at Date of Policy or to be built or constructed on the Land in the locations according to the Plans, that by law constitutes real property. c. "Plans" means the survey, site and elevation plans or other depictions or drawings prepared by Beals Associates, dated August 17, 2018, last revised September 10, 2018, designated as Syncarpha Northampton Solar Project consisting of 16 sheets. d. "Severable Improvement" means property affixed to the Land at Date of Policy or to be affixed to the Land in the locations according to the Plans, that would constitute an Electricity Facility but for its characterization as personal property, and that by law does not constitute real property because (a)of its character and manner of attachment to the Land and (b)the property can be severed from the Land without causing material damage to the property or to the Land. 3. The Company insures against loss or damage sustained by the Insured by reason of: i. A violation of an enforceable Covenant by any Electricity Facility or Severable Improvement, unless an exception in Schedule B of the policy identifies the violation; ii. Enforced removal of any Electricity Facility or Severable Improvement as a result of a violation of a building setback line shown on a plat of subdivision recorded or filed in the Public Records, unless an exception in Schedule B of the policy identifies the violation; or iii. A notice of a violation, recorded in the Public Records at Date of Policy, of an enforceable Covenant relating to environmental protection, describing any part of the Land and referring to that Covenant, but only to the extent of the violation of the Covenant referred to in that notice, unless an exception in Schedule B of the policy identifies the notice of the violation. Copyright 2006-2012 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. FEE OWNERS POLICY 18-0056D.DOCX Fidelity National Title Insurance Company Property Address:0 Glendale Road, Northampton,MA File No. 18-0056d 4. This endorsement does not insure against loss or damage (and the Company will not pay costs, attorneys'fees, or expenses) resulting from: a. any Covenant contained in an instrument creating a lease or easement; b. any Covenant relating to obligations of any type to perform maintenance, repair, or remediation on the Land; or c. except as provided in Section 3.c., any Covenant pertaining to environmental protection of any kind or nature, including hazardous or toxic matters, conditions, or substances. This endorsement is issued as part of the policy. Except as it expressly states, it does not(i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii)extend the Date of Policy, or (iv) increase the Amount of Insurance.To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements. Dated: January 24, 2019 FIDELITY NATIONAL TITLE INSURANCE COMPANY Countersigned: Natalie E. Robb//Authorized Signatory Copyright 2006-2012 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. FEE OWNERS POLICY 18-0056D.DOCX Fidelity National Title Insurance Company Property Address:0 Glendale Road, Northampton,MA File No. 18-0056d ALTA 36.6 ENERGY PROJECT—ENCROACHMENTS ENDORSEMENT (OWNER'S) Attached to Policy No. 18-0056dNR-FN 1. The insurance provided by this endorsement is subject to the exclusions in Section 4 of this endorsement; and the Exclusions from Coverage, the Exceptions from Coverage contained in Schedule B, and the Conditions in the policy. 2. For purposes of this endorsement only: a. "Electricity Facility" means an electricity generating facility that may include one or more of the following: a substation; a transmission, distribution or collector line; an interconnection, inverter, transformer, generator, turbine, array, solar panel, or module; a circuit breaker, footing, tower, pole, cross-arm, guy line, anchor, wire, control system, communications or radio relay system, safety protection facility, road, and other building, structure, fixture, machinery, equipment, appliance and item associated with or incidental to the generation, conversion, storage, switching, metering, step-up, step-down, inversion, transmission, conducting, wheeling, sale or other use or conveyance of electricity, on the Land at Date of Policy or to be built or constructed on the Land in the locations according to the Plans, that by law constitutes real property. b. "Plans" means the survey, site and elevation plans or other depictions or drawings prepared by Beals Associates, dated August 17, 2018, last revised September 10, 2018, designated as Syncarpha Northampton Solar Project consisting of 16 sheets. c. "Severable Improvement" means property affixed to the Land at Date of Policy or to be affixed to the Land in the locations according to the Plans, that would constitute an Electricity Facility but for its characterization as personal property, and that by law does not constitute real property because(a)of its character and manner of attachment to the Land and (b)the property can be severed from the Land without causing material damage to the property or to the Land. 3. The Company insures against loss or damage sustained by the Insured by reason of: a. An encroachment of any Electricity Facility or Severable Improvement located on the Land onto adjoining land or onto that portion of the Land subject to an easement, unless an exception in Schedule B of the policy identifies the encroachment; b. An encroachment of an improvement located on adjoining land onto the Land at Date of Policy, unless an exception in Schedule B of the policy identifies the encroachment; c. Enforced removal of any Electricity Facility or Severable Improvement,as a result of an encroachment by the Electricity Facility or Severable Improvement onto any portion of the Land subject to any easement, in the event that the owners of the easement shall, for the purpose of exercising the right of use or maintenance of the easement, compel removal or relocation of the encroaching Electricity Facility or Severable Improvement; [or] Copyright 2006-2012 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. FEE OWNERS POLICY 18-0056D.DOCX Fidelity National Title Insurance Company Property Address:0 Glendale Road, Northampton, MA File No. 18-0056d d. Damage to any Electricity Facility or Severable Improvement that is located on or encroaches onto that portion of the Land subject to an easement excepted in Schedule B, which damage results from the exercise of the right to maintain the easement for the purpose for which it was granted or reserved [; or] e. The coverage of Sections 3.c. and 3.d. shall not apply to the encroachments listed in Exception(s) 10a-e and 12 a-b of Schedule B. 4 This endorsement does not insure against loss or damage(and the Company will not pay costs, attorneys'fees, or expenses) resulting from contamination, explosion, fire, vibration, fracturing, earthquake or subsidence. This endorsement is issued as part of the policy. Except as it expressly states, it does not(i)modify any of the terms and provisions of the policy, (ii)modify any prior endorsements, (iii)extend the Date of Policy, or(iv)increase the Amount of Insurance.To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement,this endorsement controls. Otherwise,this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements. Dated: January 24, 2019 FIDELITY NATIONAL TITLE INSURANCE COMPANY Countersigned: (\��"�`-�` t"'�� Natalie E. Robb H Authorized Signatory Copyright 2006-2012 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. FEE OWNERS POLICY 18-0056D.DOCX 0 Fidelity National Title Insurance Company Property Address:0 Glendale Road, Northampton, MA File No. 18-0056d ALTA 36.7 ENERGY PROJECT—OWNER'S FEE Attached to Policy No. 18-0056dNR-FN 1. The insurance provided by this endorsement is (a) only effective for the parcel or those parcels of the Land as to which the Title is fee simple and (b) subject to the exclusions in Section 6 of this endorsement and the Exclusions from Coverage, the Exceptions from Coverage contained in Schedule B, and the Conditions in the policy. 2. For purposes of this endorsement only: (a) "Constituent Parcel" means one of the parcels of Land described in Schedule A that together with any other parcel or parcels of Land described in Schedule A constitute one integrated project. (b) "Electricity Facility' means an electricity generating facility which may include one or more of the following: a substation; a transmission, distribution or collector line; an interconnection, inverter, transformer, generator, turbine, array, solar panel, or module; a circuit breaker, footing, tower, pole, cross-arm, guy line, anchor, wire, control system, communications or radio relay system, safety protection facility, road, and other building, structure, fixture, machinery, equipment, appliance, and item associated with or incidental to the generation, conversion, storage, switching, metering, step-up, step-down, inversion, transmission, conducting, wheeling, sale, or other use or conveyance of electricity, on the Land at Date of Policy or to be built or constructed on the Land in the locations according to the Plans, that by law constitutes real property. (c) "Ejected"or"Ejection"means(i)the lawful divestment, in whole or in part, of the Title to the Land or (ii) the lawful prevention of the use of the Land or any Electricity Facility or Severable Improvement, as applicable, in either case as a result of a matter covered by this policy. (d) "Plans" means the survey, site and elevation plans or other depictions or drawings prepared by Beals Associates, dated August 17, 2018, last revised September 10, 2018, designated as Syncarpha Northampton Solar Project consisting of 16 sheets. (e) "Severable Improvement" means property affixed to the Land at Date of Policy or to be affixed in the locations according to the Plans, that would constitute an Electricity Facility but for its characterization as personal property, and that by law does not constitute real property because (i) of its character and manner of attachment to the Land and (ii) the property can be severed from the Land without causing material damage to the property or to the Land. 3. Valuation of Title as an integrated project: (a) If in computing loss or damage it becomes necessary to value the Title, or any portion of it, as the result of an Ejection, then, as to that portion of the Land from which the Insured is Ejected, that value shall consist of(i)the value of the fee estate including any Electricity Facility existing on the date of the Ejection, and, if applicable, (ii) any reduction in value of another insured Constituent Parcel as computed in Section 3(b) below. (b) A computation of loss or damage resulting from an Ejection affecting any Constituent Parcel shall include loss or damage to the integrated project caused by the covered matter affecting the Constituent Parcel from which the Insured is Ejected. (c) The Insured Claimant shall have the right to have the fee estate, any Constituent Parcel, and any Electricity Facility affected by a defect insured against by this policy valued either as a whole or separately. (d) The provisions of this Section 3 shall not diminish the Insured's rights under any other Copyright 2006-2012 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. FEE OWNERS POLICY 18-0056D.DOCX Fidelity National Title Insurance Company Property Address:0 Glendale Road,Northampton, MA File No. 18-0056d endorsement to the policy; however, the calculation of loss or damage pursuant to this endorsement shall not allow duplication of recovery for loss or damage calculated pursuant to Section 8 of the Conditions or any other endorsement to the policy. 4. Valuation of Severable Improvements: (a) In the event of an Ejection, the calculation of the loss shall include(but not to the extent that these items of loss are included in the valuation of the Title determined pursuant to Section 8 of the Conditions or any other provision of this or any other endorsement)the diminution in value of the Insured's interest in any Severable Improvement resulting from the Ejection, reduced by the salvage value of the Severable Improvement. (b) The policy does not insure against loss or damage (and the Company will not pay any costs, attorneys'fees, or expenses) relating to: (i)the attachment, perfection, or priority of any security interest in any Severable Improvement; (ii)the vesting or ownership of title to or rights in any Severable Improvement; (iii) any defect in or lien or encumbrance on the title to any Severable Improvement; or(iv)the determination of whether any specific property is real or personal in nature. 5. Additional items of loss covered by this endorsement: If the Insured is Ejected, the following items of loss, if applicable to that portion of the Land from which the Insured is Ejected, shall be included, without duplication, in computing loss or damage incurred by the Insured, but not to the extent that the same are included in the valuation of the Title determined pursuant to Section 3 of this endorsement, the valuation of Severable Improvements pursuant to Section 4 of this endorsement, or Section 8(a)(ii) of the Conditions. (a) The reasonable cost of: (i) disassembling, removing, relocating and reassembling any Severable Improvement that the Insured has the right to remove and relocate, situated on the Land at the time of Ejection, to the extent necessary to restore and make functional the integrated project; (ii) transportation of that Severable Improvement for the initial one hundred miles incurred in connection with the restoration or relocation; and (iii) restoring the Land to the extent damaged as a result of the disassembly, removal and relocation of the Severable Improvement and required of the Insured solely because of the Ejection. (b) Payments or damages for use and occupancy of the Land prior to the Ejection that the Insured may be obligated to pay to any person having paramount title to that of the Insured. (c) The fair market value, at the time of the Ejection, of the estate or interest of the Insured in any lease or easement, as applicable, made by the Insured as lessor or grantor of all or part of the Title. (d) Damages caused by the Ejection that the Insured is obligated to pay to lessees or easement grantees on account of the breach of any lease or easement, as applicable, made by the Insured as lessor or grantor of all or part of the Title. (e) The reasonable cost to obtain land use, zoning, building and occupancy permits, architectural and engineering services, and environmental testing and reviews for a fee estate in a replacement parcel of land reasonably equivalent to the parcel that is the subject of the Ejection. (f) If any Electricity Facility is not substantially completed at the time of Ejection, the actual cost incurred by the Insured up to the time of Ejection, less the salvage value, for the Electricity Facility located on that portion of the Land from which the Insured is Ejected. Those costs include costs incurred to construct and fabricate the Electricity Facility, obtain land use, zoning, building and occupancy permits, architectural and engineering services, construction management services, environmental testing and reviews, landscaping, and Copyright 2006-2012 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. FEE OWNERS POLICY-1 8-0056D.DOCX Fidelity National Title Insurance Company Property Address:0 Glendale Road, Northampton, MA File No. 18-0056d cancellation fees related to the foregoing. 6. This endorsement does not insure against loss,damage,or costs of remediation(and the Company will not pay costs, attorneys' fees, or expenses) resulting from environmental damage or contamination. This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii)extend the Date of Policy, or (iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements. Dated: January 24, 2019 FIDELITY NATIONAL TITLE INSURANCE COMPANY Countersigned: Natalie E. Robb//Authorized Signatory Copyright 2006-2012 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. FEE OWNERS POLICY 18-0056D.DOCX 0 Fidelity National Title Insurance Company Property Address:0 Glendale Road,Northampton,MA File No. 18-0056d ALTA 39-06 POLICY AUTHENTICATION ENDORSEMENT Attached to Policy No. 18-0056dNR-FN When the policy is issued by the Company with a policy number and Date of Policy, the Company will not deny liability under the policy or any endorsements issued with the policy solely on the grounds that the policy or endorsements were issued electronically or lack signatures in accordance with the Conditions. This endorsement is issued as part of the policy. Except as it expressly states, it does not(i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or(iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements. Dated: January 24, 2019 FIDELITY NATIONAL TITLE INSURANCE COMPANY t,1 Countersigned: . Natalie E. Robb H Authorized Signatory Copyright 2006-2012 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. FEE OWNERS POLICY 18-0056D.DOCX FIDELITY NATIONAL FIN IL CUL PRIVACY NOTICE Fidelity'National FinaInc. and its majority-owned subsidiary companies providing title tnswance,real estate-and loan-related senices(collectively,"FNF"`,"our"or"we)respect and are committed to protecting your privacy.We will take reasonable steps to ensure that your Personal Information and Browsing Information will only be used in compliance with this Privacy Notice and applicable lags.This Privacy Notice is only in effect for Personal Information and Browsing Information collected and+or owned by or on behalf of FNF,including Personal Information and Browsing Information co'll'ected through any FNF website,online service or application(collectively,the"Website). Tunes of Information Collected We may collect two types of information from you:Personal Information and Brow sine Information. Personal Information.FNF may collect the fol:onzng categone-of Personal Informatioc: •contact information(e.g,name,address.phone rumber..email address): •demographic information(e.g,date of birth.gender.manta:status): •social security number($5),driver's licer::e.pa-s:port.and other government ID numbers: •financial account information:and •other personal information needed from you to protide title insurance,real estate-and loan-related senice;to You. Browsing Information F\F may col'sect the following categories of Browsing Information •Internet Protocol(or IP)address or device MUM.protocol and sequence informatrom •browser language and type. •domain name system requests; •browsing history,such as time spent at a domain,time and date of your visit and number of clicks; •http headers,application client and savvy banners;and •operating system and fingerprinting data- How Information is Collected In the course of our business,we may collect Personal1gfi)rmarion about you from the following sources: •applications or other form:we receive from you or your authorized representative: •the correspondence You and other send to us: •information we receive through the Web-.site; •information about your transactions with.or sen-rce:perimmed by,us,our affiliates or nonaffiliated third parties.and •information from consumer or other reporting agencies and public records maintained by gozr*nme tal entities that we obtain directly from those entities,our affiliates or others. If you visit or use our Website.we may collect Brou:ing hlformadon from you as follows: •Brow ser Loa Files.Our semens automatically log each visitor to the WeInite and collect and record certain browsing information about each visitor. The Browsing Information includes generic information and reveals nothing personal about the user. •Cookies.When you visit our Website.a--cookie"may be sent to your computer.A cookie is a small piece of data that is sent to your Internet browser from a web server and stored on your computer's hard drive.When you visit a website again the cookie allow;the website to recognize your computes.Cookies may store user preference,and other information.You can choose whether or not to accept cookies by changing your Internet browser-settings.which may impair or limit some functionality of the Website. L->e of Collected Information Information collected by FNF is used for three main purposes: •To provide products and services to you or any affiliate or third party who is obtaining serv-ices on your behalf or in connection with a transaction mvohmg you. •To improve our products and services. E5Kfive Mav 3.:61 Last updated March 1,2017 Copyright C 2017 Fidelity National Financial.Inc.All Rights Reserved. • To communicate withyou and to inform-mu about our,our afBhate: and third panne: pro-duct:and:erlice..jointly or independently. 11-hen Information Is Disclosed We may protide your Personal Information(excluding mformation we receive from consumer or other credit reporting agencies)and Browsing Information to various individttah- and companies.as permitted by law.without obtaining}rour prior authorization. Such laws do not allow consumers to restrict these disclosures-Please see the :ectnon-Choices With Your Personal Information'to learn how to limit the discretionary disclosure of your Personal Information and Browsing Information. Disclosures of van Personal Information may be made to the following categories of affiliates and nonaffiliated third parties: •to third parties to protide you with services you have requested and to enable us to detect or prevent criminal activity. fraud.material misrepresentation,or nondisclosure-, •to our affiliate financial service providers for thea we to market their products or senices to you; •to nonaffiliated third party service providers who provide or perform services on our behalf and use the di:c:o:ed information only in connection with such services; •to nonaffiliated third party service presiders with whom we perform j oiurt marketing,pursuant to an agreement with them to market financial products or services to you; •to law enforcement or other governmental authority in connection with an investigation or civil or criminal subpoena or court order-, •to lender hen holders,judgment creditor or other parties claiming an interest in title whose claim or intact rima he determmed settled.paid,or released prior to closing;and • other third parties for whom you have given us written authorisation to disclose your Personal Information. We may disclose Personal Information and,or Browsing Information when required by law or in the good-faith belief that such disclosure is necessary to: •comply with a legal process or applicable laws; •enforce this Privacy Notice; •mvestigate ar respond to daims that any material,docuum*image, graphic. logo. deign. audio.video or any other information provided by yon violates the rights of a third patty;or •protect the rights.property or personal safety of FNF,its user or the public. We maintain reasonable safeguards to keep your Personal Information secure.When we provide Personal Information to our affiliates.or third party service providers as discussed in this Privacy Notice,we expect that these parties process such information in compliance with our Privacy Notice or in a manner that is in compliance with applicable privacy laws.The use of your information by a business partner may be subject to that part's own Privacy Notice.Unless permitted by law, we do not disclose information we collect from consumer or credit reporting agencies with our affiliates or others without your consent. We reserve the right to transfer your Personal Information Browsing Information,and any other information.in connection with the sale or other disposition of all or part of the FNF business and/or assets, or in the event of our bankruptcy, reorgamz tion.insolvency,recenwship or an assignment for the benefit of creditors.You expressly agree and consent to the use and or transfer of the foregoing information in connection with any of the above described proceedings.We cannot and will not be responsible for any breach of security by a thud party or for any actions of any third party that receives any of the information that is disclosed to us. Choices With Your Information Whether you submit Personal hrformeton or Browning Information to FNF is entirely up to you.If you decide not to submit Personal Information or Browsing Information.FNF may not be able to provide certain services or product-,to you.The uses of your Personal Information and%or Browsing Information that.by law,you cannot limit include: Effectim as of Mav 1,2015;last updated March 1,Z'017 Copyright 0 2017.Fidelity National Financial lnc.All Rights F.esened. • for our everyday business purposes — to prods your traasactrons. maintain your account(s), to respond to law enforcement or other governmental authority in connection with an investigation.or cn-ilor criminal subpoenas or court orders.or report to credit bureaus; • for our own marketing purposes; • for joint marketing with financial companies:and • for our affiliates'everyday business purpo.es—information about your transactions and experiences. You may choose to prevent F-%'F from disclosing or using your Personal Information and'or Brow—sing Informanon under the following circumstances(''opt-out"): • for our affiliates'everyday business purposes—iafornranon about your creditworthaness:and • for our affiliates to market to You. To the extent permitted above.you may opt-out of disclosure or use of your Personal Information and Browsing Information by notifvrmg us by one of the methods at the end of this Privacy Notice.We do not share your personal information with non-affiliates for their direct marketing purposes. For California Residents:We will not share your Personal Information and Browsing Information with nonaffiliated third parties,except as permitted by California law.Currently.our policy Y.that wee do not recognize"do not track'requests from Internet browsers and irnilaz devices. For Nevada Resident,:You mai:be placed on our urternal Do'-`rot Call List by calling(SSS)934-3354 or by contacting us via the information set forth at the end of this Privacy Notice.Nevada law requires that we also provide you with the following contact information Bureau of Consumer Protection,Office of the Nevada Attorney General,555 E.Washington St.,Suite 3900,Las Vegas,NV 89101;Phone number:(702)486-3132;email:BCPINFO'iiag_state.nv.us. For Oregon Residents: We will not share your Per.onal Information and Browsing Information with nonaffiliated third parties for marketing purposes.except after you have been informed by us of such sharing and had an opportunity to indicate that you do not want a di,closure made for marketing purposes. For Vermont Resident.: We will not.hare your Personal Information and Browsing Information with nonaffiliated third parties,except as permitted try Vermont law,such as to process vow tram;actions or to maintain your account.In addition. we will not share information about your creditworthiness with our affiliates except with your authorization. For joint marketing in Vermont_we will only disclose your name,contact information and information about your transactions. Information From Children The Website is meant for adults and is not intended or designed to attract children under the age of thirteen(13).R a do not collect Personal Information from any person that we know to be under the age of thirteen(13)without permission from a patentor guardian.By using the Website.you affirm that you are over the age of 13 and will abide by the term:of this Privacy Notice. Privacy Outside the Website The website may contain hales to other websites_FNF is not and cannot be responsible for the privacy practices or the content of any of those other websites. International Users FNF's headquarters is located within the United States. If you reside outside the United States or are a citizen of the European Union,please note that we may transfer your Personal Information and+or Browsing Information outside of vcur country of residence or the European Union for any of the purposes described in this Privacy'Notice_By providing iN-F with your Personal Information and,, r Browsing Information.you consent to our collection and transfer of such information in accordance with this Privacy Notice. Effective as ofMay 1,1.015;last updated March 1,2017 Colnzigh o 201'.Fidelity aboral Firaacial lac.All R.,zhn Fasened The California Online Privacy-Protection Act For some FNF websites, such as the Customer CareNet(`-CCN),FNF is acting a: a thud party service provider to a mortgage loan servicer.In those instances.we may collect certain information on behalf of that mortgage loan servicer via the web-,rte.The information which we may collect on behalf of the mortgage loan ser ger is as follows: •first and last name: *property address; •user name and password: •loan number; •social security number-masked upon entry: •emarl address; *three security questions and answers;and •IP address. The information you submit through the webs"is then transfi red to your mortgage loan servicer by nay of CCN.The mortgage loan serricer is responsible for taking action or making changes to any consumer information-ubmitted through this website.For example,if you bl6ere that your payment or user information i- incorrect, )-on mu-t contact your mortgage loan servicer. CCN does not share consumer information with thud parties.other than(1)those with which the mortgage loan servicer has contracted to interface with the CCN application,or(3)law enforcement or other governmental authority in connection with an investigation. or civil or criminal subpoenas or court orders. All section,of this Privacy Notice apply to your interaction with CCN,except for the sec€ions titled"Choices with Your Information"and"Access and Correction."If you have questions regarding the choices you have with regard to your personal information or how to access or correct your personal information,you-should conract your mortgage loan servicer. Your Consent To This Privacy-Notice By submitting Personal Information and.'or Browsing Information to FNF,you consent to the collection and use of the information by us in compliance with this Privacy Notice.Amendments to the Pn,.acy Notice will be posted our the Website. Each time you provide information to us,or we receive information about}-on,following any amendment of this Pm-acv Notice will signify your assent to and acceptance of its revised terms for allpreviously collected information and information collected from you in the future.We may use comments.information or feedback that you submit to us in any manner that we may choose without notice or compensation to you. Accessing and Correcting Information;Contact Us If you have questions.would like to access or correct your Personal Information,or want to opt-out of information sharing with our atfihatez for their marketing purposes,please send your requests to privacy a inf.corn or by mail or phone to- Fidelity National Financial.Inc. 601 Riverside Avenue Jacksonville,Florida 32204 Atm:Chief Privacy Officer (888)934-3354 E—lective as of May 1,2015;Last ipiated.varch:._01 Coptic it 0 2017.Fidelity tiationalFir-ral Inc.All R4ai Reserved, FEE OWNERS POLICY 18-0056D.DOCX OWNER'S POLICY OF TITLE INSURANCE Issued by Fidelity National Title Insurance Company Fidelity National Title POLICY NUMBER Insurance Company 18-0056d2NR-FN Any notice of claim and any other notice or statement in writing required to be given to the Company under this Policy must be given to the Company at the address shown in Section 18 of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE,THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B,AND THE CONDITIONS,Fidelity National Title Insurance Company,a California corporation(the"Company")insures,as of Date of Policy and,to the extent stated in Covered Risks 9 and 10,after Date of Policy,against loss or damage,not exceeding the Amount of Insurance,sustained or incurred by the Insured by reason of: 1. Title being vested other than as stated in Schedule A. 2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from (a) A defect in the Title caused by (i) forgery,fraud,undue influence,duress,incompetency,incapacity,or impersonation; (ii) failure of any person or Entity to have authorized a transfer or conveyance; (iii) a document affecting Title not properly created,executed,witnessed,sealed,acknowledged,notarized,or delivered; (iv) failure to perform those acts necessary to create a document by electronic means authorized by law; (v) a document executed under a falsified,expired,or otherwise invalid power of attorney; (vi) a document not properly filed,recorded,or indexed in the Public Records including failure to perform those acts by electronic means authorized by law;or (vii) a defective judicial or administrative proceeding. (b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable,but unpaid. (c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. The term"encroachment"includes encroachments of existing improvements located on the Land onto adjoining land,and encroachments onto the Land of existing improvements located on adjoining land. 3. Unmarketable Title. 4. No right of access to and from the Land. 5. The violation or enforcement of any law,ordinance,permit,or governmental regulation(including those relating to building and zoning)restricting,regulating, prohibiting,or relating to- (a) the occupancy,use,or enjoyment of the Land; (b) the character,dimensions,or location of any improvement erected on the Land, (c) the subdivision of land,or (d) environmental protection if a notice,describing any part of the Land,is recorded in the Public Records setting forth the violation or intention to enforce,but only to the extent of the violation or enforcement referred to in that notice. 6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action,describing any part of the Land,is recorded in the Public Records,but only to the extent of the enforcement referred to in that notice. 7. The exercise of the rights of eminent domain if a notice of the exercise,describing any part of the Land,is recorded in the Public Records. 8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge. 9. Title being vested other than as stated in Schedule A or being defective (a) as a result of the avoidance in whole or in part,or from a court order providing an alternative remedy,of a transfer of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy,state insolvency,or similar creditors'rights laws;or (b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy,state insolvency, or similar creditors'rights laws by reason of the failure of its recording in the Public Records (i) to be timely,or (ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor. 10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The Company will also pay the costs,attorneys'fees,and expenses incurred in defense of any matter insured against by this Policy,but only to the extent provided in the Conditions. IN WITNESS WHEREOF,the Company has caused this Policy to be signed with the facsimile signatures of its President and Secretary and sealed as required by its By-Laws. FIDELITY NATIONAL TITLE INSURANCE COMPANY Countersigned and Validated: By: (Igm l /� rAj,J,, I ) ; President ��cc 44\\\\/ S „�� EAL Authorized Signature Attest: Natalie E.Robb Secretary ALTA Owner's Policy(06/17/06) SPECIMEN Copyright American Land Title Association.All rights reserved.The use of this Fonn is restricted to ALTA licensees and ALTA members in good standing as of the date of use.All other uses are prohibited.Reprinted under license from the American Land Title Association EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage,costs, attorneys'fees,or expenses that arise by reason of: 1. (a) Any law,ordinance, permit,or governmental regulation(including those relating to building and zoning)restricting,regulating,prohibiting, or relating to (i) the occupancy,use,or enjoyment of the Land; (ii) the character,dimensions,or location of any improvement erected on the Land; (iii) the subdivision of land;or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b)does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects,liens,encumbrances,adverse claims,or other matters (a) created,suffered,assumed,or agreed to by the Insured Claimant; (b) not Known to the Company,not recorded in the Public Records at Date of Policy,but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy(however,this does not modify or limit the coverage provided under Covered Risk 9 and 10;or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim,by reason of the operation of federal bankruptcy,state insolvency,or similar creditors'rights laws,that the transaction vesting the Title as shown in Schedule A,is (a) a fraudulent conveyance or fraudulent transfer;or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A 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 11 and 12 of these Conditions. (b) "Date of Policy": The date designated as"Date of Policy"in Schedule A. (c) "Entity": A corporation,partnership,trust,limited liability company,or other similar legal entity. (d) "Insured": The Insured named in Schedule A. (i) The term"Insured"also includes (A) successors to the Title of the Insured by operation of law as distinguished from purchase,including heirs,devisees,survivors, personal representatives,or next of kin; (B) successors to an Insured by dissolution,merger,consolidation,distribution,or reorganization; (C) successors to an Insured by its conversion to another kind of Entity; (D) a grantee of an Insured under a deed delivered without payment of actual valuable consideration conveying the Title (1) if the stock,shares,memberships,or other equity interests of the grantee are wholly-owned by the named Insured, (2) if the grantee wholly owns the named Insured, (3) if the grantee is wholly-owned by an affiliated Entity of the named Insured,provided the affiliated Entity and the named Insured are both wholly-owned by the same person or Entity,or (4) if the grantee is a trustee or beneficiary of a trust created by a written instrument established by the Insured named in Schedule A for estate planning purposes. (ii) With regard to(A), (B), (C), and(D)reserving, however, all rights and defenses as to any successor that the Company would have had against any predecessor Insured. (e) "Insured Claimant": An Insured claiming loss or damage. (f) "Knowledge"or"Known": Actual knowledge, not constructive knowledge or notice that may be imputed to an Insured by reason of the Public Records or any other records that impart constructive notice of matters affecting the Title. (g) "Land": The land described in Schedule A,and affixed improvements that by law constitute real property. The term"Land"does not include any property beyond the lines of the area described in Schedule A,nor any right,title, interest,estate,or easement in abutting streets, roads, avenues,alleys,lanes,ways,or waterways,but this does not modify or limit the extent that a right of access to and from the Land is insured by this policy. (h) "Mortgage": Mortgage, deed of trust,trust deed,or other security instrument, including one evidenced by electronic means authorized by law. (i) "Public Records": Records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. With respect to Covered Risk 5(d),"Public Records"shall also include environmental protection liens filed in the records of the clerk of the United States District Court for the district where the Land is located. (j) "Title": The estate or interest described in Schedule A. (k) "Unmarketable Title": Title affected by an alleged or apparent matter that would permit a prospective purchaser or lessee of the Title or lender on the Title to be released from the obligation to purchase, lease, or lend if there is a contractual condition requiring the delivery of marketable title. 2. CONTINUATION OF INSURANCE The coverage of this policy shall continue in force as of Date of Policy in favor of an Insured, but only so long as the Insured retains an estate or interest in the Land, or holds an obligation secured by a purchase money Mortgage given by a purchaser from the Insured, or only so long as the Insured shall have liability by reason of warranties in any transfer or conveyance of the Title. This policy shall not continue in force in favor of any purchaser from the Insured of either(i)an estate or interest in the Land,or(ii)an obligation secured by a purchase money Mortgage given to the Insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT The Insured shall notify the Company promptly in writing(i)in case of any litigation as set forth in Section 5(a)of these Conditions,(ii)in case Knowledge shall come to an Insured hereunder of any claim of title or interest that is adverse to the Title,as insured,and that might cause loss or damage for which ALTA Owner's Policy(06117/06) SPECIMEN Copyright American Land Title Association.All rights reserved.The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use.All other uses are prohibited.Reprinted under license from the American Land Title Association the Company may be liable by virtue of this policy, or(iii)if the Title,as insured,is rejected as Unmarketable Title. If the Company is prejudiced by the failure of the Insured Claimant to provide prompt notice,the Company's liability to the Insured Claimant under the policy shall be reduced to the extent of the prejudice. 4. PROOF OF LOSS In the event the Company is unable to determine the amount of loss or damage,the Company may,at its option, require as a condition of payment that the Insured Claimant furnish a signed proof of loss. The proof of loss must describe the defect,lien,encumbrance,or other matter insured against by this policy that constitutes the basis of loss or damage and shall state,to the extent possible,the basis of calculating the amount of the loss or damage. 5. DEFENSE AND PROSECUTION OF ACTIONS (a) Upon written request by the Insured, and subject to the options contained in Section 7 of these Conditions,the Company, at its own cost and without unreasonable delay, shall provide for the defense of an Insured in litigation in which any third party asserts a claim covered by this policy adverse to the Insured. This obligation is limited to only those stated causes of action alleging matters insured against by this policy. The Company shall have the right to select counsel of its choice(subject to the right of the Insured to object for reasonable cause)to represent the Insured as to those stated causes of action. It shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees,costs,or expenses incurred by the Insured in the defense of those causes of action that allege matters not insured against by this policy. (b) The Company shall have the right, in addition to the options contained in Section 7 of these Conditions, at its own cost, to institute and prosecute any action or proceeding or to do any other act that in its opinion may be necessary or desirable to establish the Title,as insured,or to prevent or reduce loss or damage to the Insured. The Company may take any appropriate action under the terms of this policy,whether or not it shall be liable to the Insured. The exercise of these rights shall not be an admission of liability or waiver of any provision of this policy. If the Company exercises its rights under this subsection,it must do so diligently. Whenever the Company brings an action or asserts a defense as required or permitted by this policy,the Company may pursue the litigation to a final determination by a court of competent jurisdiction,and it expressly reserves the right,in its sole discretion,to appeal any adverse judgment or order. 6. DUTY OF INSURED CLAIMANT TO COOPERATE (a) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding and any appeals,the Insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding,including the right to use,at its option,the name of the Insured for this purpose. Whenever requested by the Company,the Insured,at the Company's expense,shall give the Company all reasonable aid(i)in securing evidence,obtaining witnesses,prosecuting or defending the action or proceeding,or effecting settlement,and(ii)in any other lawful act that in the opinion of the Company may be necessary or desirable to establish the Title or any other matter as insured. If the Company is prejudiced by the failure of the Insured to furnish the required cooperation, the Company's obligations to the Insured under the policy shall terminate, including any liability or obligation to defend,prosecute,or continue any litigation,with regard to the matter or matters requiring such cooperation. (b) The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized representative of the Company and to produce for examination, inspection, and copying, at such reasonable times and places as may be designated by the authorized representative of the Company,all records,in whatever medium maintained,including books, ledgers,checks,memoranda,correspondence,reports,e- mails,disks,tapes,and videos whether bearing a date before or after Date of Policy,that reasonably pertain to the loss or damage. Further,if requested by any authorized representative of the Company, the Insured Claimant shall grant its permission, in writing, for any authorized representative of the Company to examine,inspect,and copy all of these records in the custody or control of a third party that reasonably pertain to the loss or damage. All information designated as confidential by the Insured Claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company,it is necessary in the administration of the claim. Failure of the Insured Claimant to submit for examination under oath,produce any reasonably requested information,or grant permission to secure reasonably necessary information from third parties as required in this subsection,unless prohibited by law or governmental regulation,shall terminate any liability of the Company under this policy as to that claim. 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS;TERMINATION OF LIABILITY In case of a claim under this policy,the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Insurance. To pay or tender payment of the Amount of Insurance under this policy together with any costs, attorneys'fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to pay. Upon the exercise by the Company of this option, all liability and obligations of the Company to the Insured under this policy, other than to make the payment required in this subsection,shall terminate,including any liability or obligation to defend,prosecute,or continue any litigation. (b) To Pay or Otherwise Settle With Parties Other Than the Insured or With the Insured Claimant. (i) To pay or otherwise settle with other parties for or in the name of an Insured Claimant any claim insured against under this policy. In addition,the Company will pay any costs,attorneys'fees,and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay;or (ii) To pay or otherwise settle with the Insured Claimant the loss or damage provided for under this policy,together with any costs,attorneys' fees,and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in subsections(b)(i)or(ii),the Company's obligations to the Insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute,or continue any litigation. 8. DETERMINATION AND EXTENT OF LIABILITY This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the Insured Claimant who has suffered loss or damage by reason of matters insured against by this policy. (a) The extent of liability of the Company for loss or damage under this policy shall not exceed the lesser of (i) the Amount of Insurance;or (ii) the difference between the value of the Title as insured and the value of the Title subject to the risk insured against by this policy. (b) If the Company pursues its rights under Section 5 of these Conditions and is unsuccessful in establishing the Title,as insured, (i) the Amount of Insurance shall be increased by 10%,and (ii) the Insured Claimant shall have the right to have the loss or damage determined either as of the date the claim was made by the Insured Claimant or as of the date it is settled and paid. (c) In addition to the extent of liability under(a) and (b), the Company will also pay those costs, attorneys'fees, and expenses incurred in accordance with Sections 5 and 7 of these Conditions. 9. LIMITATION OF LIABILITY (a) If the Company establishes the Title,or removes the alleged defect,lien, or encumbrance,or cures the lack of a right of access to or from the Land,or cures the claim of Unmarketable Title,all as insured,in a reasonably diligent manner by any method,including litigation and the completion of any appeals,it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused to the Insured. (b) In the event of any litigation,including litigation by the Company or with the Company's consent,the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction,and disposition of all appeals,adverse to the Title,as insured. (c) The Company shall not be liable for loss or damage to the Insured for liability voluntarily assumed by the Insured in settling any claim or suit without the prior written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY All payments under this policy,except payments made for costs,attorneys'fees,and expenses,shall reduce the Amount of Insurance by the amount of the payment. 11. LIABILITY NONCUMULATIVE The Amount of Insurance shall be reduced by any amount the Company pays under any policy insuring a Mortgage to which exception is taken in Schedule B or to which the Insured has agreed,assumed,or taken subject,or which is executed by an Insured after Date of Policy and which is a charge or lien on the Title,and the amount so paid shall be deemed a payment to the Insured under this policy. 12. PAYMENT OF LOSS When liability and the extent of loss or damage have been definitely fixed in accordance with these Conditions,the payment shall be made within 30 days. 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT (a) Whenever the Company shall have settled and paid a claim under this policy,it shall be subrogated and entitled to the rights of the Insured Claimant in the Title and all other rights and remedies in respect to the claim that the Insured Claimant has against any person or property,to the extent of the amount of any loss,costs,attorneys'fees,and expenses paid by the Company. If requested by the Company,the Insured Claimant shall execute documents to evidence the transfer to the Company of these rights and remedies. The Insured Claimant shall permit the Company to sue,compromise, or settle in the name of the Insured Claimant and to use the name of the Insured Claimant in any transaction or litigation involving these rights and remedies. If a payment on account of a claim does not fully cover the loss of the Insured Claimant,the Company shall defer the exercise of its right to recover until after the Insured Claimant shall have recovered its loss. (b) The Company's right of subrogation includes the rights of the Insured to indemnities,guaranties, other policies of insurance, or bonds, notwithstanding any terms or conditions contained in those instruments that address subrogation rights. 14.ARBITRATION Either the Company or the Insured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Title Association ("Rules"). Except as provided in the Rules, there shall be no joinder or consolidation with claims or controversies of other persons. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Insured arising out of or relating to this policy, any service in connection with its issuance or the breach of a policy provision, or to any other controversy or claim.arising out of the transaction giving rise to this policy. All arbitrable matters when the Amount of Insurance is$2,000,000 or less shall be arbitrated at the option of either the Company or the Insured. All arbitrable matters when the Amount of Insurance is in excess of$2,000,000 shall be arbitrated only when agreed to by both the Company and the Insured. Arbitration pursuant to this policy and under the Rules shall be binding upon the parties. Judgment upon the award rendered by the Arbitrator(s)may be entered in any court of competent jurisdiction. 15.LIABILITY LIMITED TO THIS POLICY;POLICY ENTIRE CONTRACT (a) This policy together with all endorsements, if any,attached to it by the Company is the entire policy and contract between the Insured and the Company. In interpreting any provision of this policy,this policy shall be construed as a whole. (b) Any claim of loss or damage that arises out of the status of the Title or by any action asserting such claim shall be restricted to this policy. (c) Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized person,or expressly incorporated by Schedule A of this policy. (d) Each endorsement to this policy issued at any time is made a part of this policy and is subject to all of its terms and provisions. Except as the endorsement expressly states,it does not(i)modify any of the terms and provisions of the policy,(ii)modify any prior endorsement,(iii)extend the Date of Policy,or(iv)increase the Amount of Insurance. 16.SEVERABILITY In the event any provision of this policy,in whole or in part,is held invalid or unenforceable under applicable law,the policy shall be deemed not to include that provision or such part held to be invalid,but all other provisions shall remain in full force and effect. 17.CHOICE OF LAW;FORUM (a) Choice of Law: The Insured acknowledges the Company has underwritten the risks covered by this policy and determined the premium charged therefor in reliance upon the law affecting interests in real property and applicable to the interpretation,rights,remedies,or enforcement of policies of title insurance of the jurisdiction where the Land is located. Therefore,the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity of claims against the Title that are adverse to the Insured and to interpret and enforce the terms of this policy. In neither case shall the court or arbitrator apply its conflicts of law principles to determine the applicable law. (b) Choice of Forum: Any litigation or other proceeding brought by the Insured against the Company must be filed only in a state or federal court within the United States of America or its territories having appropriate jurisdiction. 18.NOTICES,WHERE SENT Any notice of claim and any other notice or statement in writing required to be given to the Company under this Policy must be given to the Company at:Claims Department,PO Box 45023,Jacksonville,Florida 32232-5023 Fidelity National Title Insurance Company SCHEDULE A OWNER'S POLICY Office File No.: 18-0056d OWNER POLICY NUMBER DATE OF POLICY AMOUNT OF INSURANCE 18-0056d2NR-FN January 24,2019 @ 12:04 $6,624,550.00 P.M. 1. Name of Insured: Syncarpha Northampton, LLC 2. The estate or interest in the Land described herein and which is covered by this policy is: Leasehold 3. The estate or interest referred to herein is at Date of Policy vested in the Insured. 4. The Land referred to in this policy is described as follows: All that certain parcel of land with the improvements thereon, situated at: : 0 Glendale Road, in the City/Town of Northampton, County of Hampshire, and Commonwealth of Massachusetts and is described as set forth in "Exhibit A"attached hereto and made a part hereof. For Fee Title see deed of Kenneth C. Burt, John H. Burt and JKB Farms, Inc. dated January 23, 2019 and recorded in Book 13185, Page 346. For Title see Notice of Lease dated January 23, 2019 and recorded in Book 13185, Page 352. Note: Recorded Documents referred to herein are recorded with the Hampshire County Registry of Deeds. Filed Documents referred to herein are filed with the Hampshire County Registry District of the Land Court. Direct Claim Inquiries to Fidelity National Title Insurance Company Attn: Claims Dept P.O.Box 45023 Jacksonville,FL 32232-5023 COUNTERSIGNED: BY: Natalie E. Robb//Authorized Signatory LEASEHOLD OWNERS POLICY_18-0056D.DOCX SCHEDULE A ALTA OWNER'S POLICY 2006(6/17/06) 5 Fidelity National Title Insurance Company OWNER'S POLICY EXHIBIT A— LEGAL DESCRIPTION Owners Policy No.: SPECIMEN Office File No.: 18-0056d Parcel D as shown on an Approval Not Required Plan of Land entitled"Plan of Land in Northampton, MA" dated August 8, 2018 and recorded in Plan Book 242, Page 122. LEASEHOLD OWNERS POLICY_18-0056D.DOCX EXHIBIT A ALTA OWNER'S POLICY 2006(6/17/06) 6 0 Fidelity National Title Insurance Company Property Address:0 Glendale Road, Northampton, MA File No. 18-0056d THIS POLICY DOES NOT REPUBLISH ANY COVENANT, CONDITION, RESTRICTION, OR LIMITATION CONTAINED IN ANY DOCUMENT REFERRED TO IN THIS POLICY TO THE EXTENT THAT THE SPECIFIC COVENANT, CONDITION, RESTRICTION, OR LIMITATION VIOLATES STATE OR FEDERAL LAW BASED ON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, GENDER IDENTITY, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN. This policy does not insure against loss or damage, and the Company will not pay costs, attorneys'fees, or expenses that arise by reason of: 1. Intentionally deleted. 2. Intentionally deleted. 3. Intentionally deleted. 4. Intentionally deleted. 5. Liens for taxes and assessments which become due and payable subsequent to the Date of Policy. Note: Taxes are paid through December 31, 2018. 6. The quantity of acreage, square footage or area of the Land. 7. Intentionally deleted. 8. Order of Conditions by the Northampton Conservation Commission, recorded with said Deeds, Book 13129, Page 84. 9. Decision by the City of Northampton Planning Board, recorded with said Deeds, Book 13139, Page 41. 10. Matters disclosed by Survey entitled "ALTA/NSPS Land Title Survey of Land in Northampton, MA," prepared for Syncarpha Captial, LLC by Northeast Survey Consultants, dated January 22, 2019, Project No. 18-059, including the following: a. Shed,junk pile, boat and tractor encroach on to the Land b. Fence encroaches onto land n/f City of Northampton; c. Fence encroaches onto land n/f Marc Sternick &Adele Marcus d. Fence encroaches onto Park Hill Road; e. Rights of others in and to Hannum Brook and the unobstructed flow thereof. 11. Lease by and between Green Apple Farms IV, LLC and Syncarpha Northampton, LLC, as evidenced by Memorandum of Lease dated January 23, 2019 and recorded on January 24, 2019 in Book 13185, Page 352. 12. Matters disclosed by site and elevation plans made by Beals Associates, dated August 17, 2018, last revised September 10, 2018, designated as Syncarpha Northampton Solar Project, including the following: a. Proposed access, underground electric lines, and drainage features encroach into Park Hill Road; b. Plantings encroach onto Parcel C. LEASEHOLD OWNERS POLICY 18-0056D.DOCX Fidelity National Title Insurance Company Property Address:0 Glendale Road, Northampton,MA File No. 18-0056d DELETION OF ARBITRATION ENDORSEMENT Attached to Policy No. 18-0056d2NR-FN Paragraph 14 of the Conditions of the policy is hereby deleted. This endorsement is issued as part of the policy. Except as it expressly states, it does not(i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or(iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements. Dated: January 24, 2019 FIDELITY NATIONAL TITLE INSURANCE COMPANY Countersigned: J"'�b�/ Natalie E. Robb H Authorized Signatory LEASEHOLD OWNERS POLICY 18-0056D.DOCX Fidelity National Title Insurance Company Property Address:0 Glendale Road, Northampton, MA File No. 18-0056d COMMERCIAL ENVIRONMENTAL PROTECTION LIEN ENDORSEMENT Attached to Policy No. 18-0056d2NR-FN The Company insures the insured against loss or damage sustained by reason of any environmental protection lien which, at Date of Policy, is recorded in those 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, except as set forth in Schedule B This endorsement is issued as part of the policy. Except as it expressly states, it does not(i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsement Dated: January 24, 2019 FIDELITY NATIONAL TITLE INSURANCE COMPANY Countersigned: Natalie E. Robb H Authorized Signatory LEASEHOLD OWNERS POLICY 18-0056D.DOCX 0 Fidelity National Title Insurance Company Property Address:0 Glendale Road,Northampton, MA File No. 18-0056d ALTA 17-ACCESS AND ENTRY ENDORSEMENT Attached to Policy No. 18-0056d2NR-FN The Company insures against loss or damage sustained by the Insured if, at Date of Policy(i) the Land does not abut and have both actual vehicular and pedestrian access to and from Park Hill Road (the "Street'), (ii)the Street is not physically open and publicly maintained, or(iii) the Insured has no right to use existing curb cuts or entries along that portion of the Street abutting the Land. This endorsement is issued as part of the policy. Except as it expressly states, it does not(i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsement Dated: January 24, 2019 FIDELITY NATIONAL TITLE INSURANCE COMPANY Countersigned: ��"Q U/ Natalie E. Robb//Authorized Signatory Copyright 2006-2012 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. LEASEHOLD OWNERS POLICY 18-0056D.DOCX 0 Fidelity National Title Insurance Company Property Address:0 Glendale Road,Northampton,MA File No. 18-0056d ALTA 25 -SURVEY ENDORSEMENT Attached to Policy No. 18-0056d2NR-FN The Company insures against loss or damage sustained by the Insured by reason of the failure of the Land as described in Schedule A to be the same as Parcel D identified on the Survey shown in Schedule B as Item 8 . This endorsement is issued as part of the policy. Except as it expressly states, it does not(i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements. Dated: January 24, 2019 FIDELITY NATIONAL TITLE INSURANCE COMPANY -AU/Countersigned: Natalie E. Robb//Authorized Signatory Copyright 2006-2012 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. LEASEHOLD OWNERS POLICY 18-0056D.DOCX Fidelity National Title Insurance Company Property Address:0 Glendale Road, Northampton, MA File No. 18-0056d ALTA 26-SUBDIVISION ENDORSEMENT Attached to Policy No. 18-0056d2NR-FN The Company insures against loss or damage sustained by the Insured by reason of the failure of the Land to constitute a lawfully created parcel according to the subdivision statutes and local subdivision ordinances applicable to the Land. This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or(iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements. Dated: January 24, 2019 FIDELITY NATIONAL TITLE INSURANCE COMPANY Countersigned: (f i4o."Ot/ Natalie E. Robb H Authorized Signatory Copyright 2006-2012 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. LEASEHOLD OWNERS POLICY 18-0056D.DOCX Fidelity National Title Insurance Company Property Address:0 Glendale Road,Northampton, MA File No. 18-0056d ALTA 36.2 ENERGY PROJECT—LEASEHOLD OWNER'S ENDORSEMENT Attached to Policy No. 18-0056d2NR-FN 1. The insurance provided by this endorsement is subject to the exclusions in Section 6 of this endorsement; and the Exclusions from Coverage, the Exceptions from Coverage contained in Schedule B, and the Conditions in the policy. 2. For purposes of this endorsement only: a. "Constituent Parcel" means one of the parcels of Land described in Schedule A that together constitute one integrated project. b. "Electricity Facility" means an electricity generating facility which may include one or more of the following: a substation; a transmission, distribution or collector line; an interconnection, inverter, transformer, generator, turbine, array, solar panel, or module; a circuit breaker, footing, tower, pole, cross-arm, guy line, anchor, wire, control system, communications or radio relay system, safety protection facility, road, and other building, structure, fixture, machinery, equipment, appliance and item associated with or incidental to the generation, conversion, storage, switching, metering, step-up, step-down, inversion, transmission, conducting, wheeling, sale or other use or conveyance of electricity, on the Land at Date of Policy or to be built or constructed on the Land in the locations according to the Plans, that by law constitutes real property. c. "Evicted" or"Eviction" means (a)the lawful deprivation, in whole or in part, of the right of possession insured by this policy, contrary to the terms of any Lease or(b)the lawful prevention of the use of the Land or any Electricity Facility or Severable Improvement for the purposes permitted by the Lease, in either case as a result of a matter covered by this policy. d. "Lease" means each lease described in Schedule A. e. "Leasehold Estate" means the right of possession granted in the Lease for the Lease Term. f. "Lease Term" means the duration of the Leasehold Estate, as set forth in the Lease, including any renewal or extended term if a valid option to renew or extend is contained in the Lease. g. "Plans" means the survey, site and elevation plans or other depictions or drawings prepared by Beals Associates, dated August 17, 2018, last revised September 10, 2018, designated as Syncarpha Northampton Solar Project consisting of 16 sheets. h. "Remaining Term" means the portion of the Lease Term remaining after the Insured has been Evicted. i. "Severable Improvement" means property affixed to the Land at Date of Policy or to be affixed in the locations according to the Plans, that would constitute an Electricity Facility but for its characterization as personal property, and that by law does not constitute real property because (a)of its character and manner of attachment to the Land and (b)the property can be severed from the Land without causing material damage to the property or to the Land. Copyright 2006-2012 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. LEASEHOLD OWNERS POLICY 18-0056D.DOCX 0 Fidelity National Title Insurance Company Property Address:0 Glendale Road, Northampton, MA File No. 18-0056d 3. Valuation of Title as an Integrated Project: a. If in computing loss or damage it becomes necessary to value the Title, or any portion of it, as the result of an Eviction, then, as to that portion of the Land from which the Insured is Evicted, that value shall consist of(i)the value of(A)the Leasehold Estate for the Remaining Term, (B) any Electricity Facility existing on the date of the Eviction, and, if applicable, (ii) any reduction in value of another insured Lease as computed in Section 3(b) below. b. A computation of loss or damage resulting from an Eviction affecting any Constituent Parcel shall include loss or damage to the integrated project caused by the covered matter affecting the Constituent Parcel from which the Insured is Evicted. c. The Insured Claimant shall have the right to have the Leasehold Estate and any Electricity Facility affected by a defect insured against by this policy valued either as a whole or separately. In either event, this determination of value shall take into account any rent no longer required to be paid for the Remaining Term. d. The provisions of this Section 3 shall not diminish the Insured's rights under any other endorsement to the policy; however, the calculation of loss or damage pursuant to this endorsement shall not allow duplication of recovery for loss or damage calculated pursuant to Section 8 of the Conditions or any other endorsement to the policy. 4. Valuation of Severable Improvements: a. In the event of an Eviction, the calculation of the loss shall include(but not to the extent that these items of loss are included in the valuation of the Title determined pursuant to Section 8 of the Conditions or any other provision of this or any other endorsement)the diminution in value of the Insured's interest in any Severable Improvement resulting from the Eviction, reduced by the salvage value of the Severable Improvement. b. The policy does not insure against loss or damage (and the Company will not pay any costs, attorneys'fees or expenses) relating to: i. the attachment, perfection or priority of any security interest in any Severable Improvement; ii. the vesting or ownership of title to or rights in any Severable Improvement; iii. any defect in or lien or encumbrance on the title to any Severable Improvement; or iv. the determination of whether any specific property is real or personal in nature. 5. Additional items of loss covered by this endorsement: If the Insured is Evicted, the following items of loss, if applicable to that portion of the Land from which the Insured is Evicted shall be included, without duplication, in computing loss or damage incurred by the Insured, but not to the extent that the same are included in the valuation of the Title determined pursuant to Section 3 of this endorsement, the valuation of Severable Improvements pursuant to Section 4 of this endorsement, or Section 8(a)(ii)of the Conditions. a. The reasonable cost of: (i) disassembling, removing, relocating and reassembling any Severable Improvement that the Insured has the right to remove and relocate, situated on the Land at the time of Eviction, to the extent necessary to restore and make functional the integrated project; (ii) transportation of that Severable Improvement for the initial one hundred miles incurred in connection with the restoration or relocation; and (iii) restoring the Land to the extent damaged as Copyright 2006-2012 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. LEASEHOLD OWNERS POLICY 18-0056D.DOCX Fidelity National Title Insurance Company Property Address:0 Glendale Road, Northampton,MA File No. 18-0056d a result of the disassembly, removal and relocation of the Severable Improvement and required of the Insured solely because of the Eviction. b. Rent or damages for use and occupancy of the Land prior to the Eviction that the Insured as owner of the Leasehold Estate may be obligated to pay to any person having paramount title to that of the lessor in the Lease. c. The amount of rent or damages that, by the terms of the Lease , the Insured must continue to pay to the lessor after Eviction with respect to the portion of the Leasehold Estate from which the Insured has been Evicted. d. The fair market value, at the time of the Eviction, of the estate or interest of the Insured in any lease or sublease specifically permitted by the Lease and made by the Insured as lessor of all or part of the Leasehold Estate. e. Damages caused by the Eviction that the Insured is obligated to pay to lessees or sublessees on account of the breach of any lease or sublease specifically permitted by the Lease and made by the Insured as lessor of all or part of the Leasehold Estate. f. The reasonable cost to obtain land use, zoning, building and occupancy permits, architectural and engineering services and environmental testing and reviews for a replacement leasehold reasonably equivalent to the Leasehold Estate. g. If any Electricity Facility is not substantially completed at the time of Eviction, the actual cost incurred by the Insured up to the time of Eviction, less the salvage value, for the Electricity Facility located on that portion of the Land from which the Insured is Evicted. Those costs include costs incurred to construct and fabricate the Electricity Facility, obtain land use, zoning, building and occupancy permits, architectural and engineering services, construction management services, environmental testing and reviews, and landscaping, and cancellation fees related to the foregoing. 6. This endorsement does not insure against loss, damage or costs of remediation (and the Company will not pay costs, attorneys'fees, or expenses) resulting from environmental damage or contamination. This endorsement is issued as part of the policy. Except as it expressly states, it does not(i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii)extend the Date of Policy, or (iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements. Dated: January 24, 2019 FIDELITY NATIONAL TITLE INSURANCE COMPANY l `` Countersigned: Natalie E. Robb//Authorized Signatory Copyright 2006-2012 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. LEASEHOLD OWNERS POLICY 18-0056D.DOCX Fidelity National Title Insurance Company Property Address:0 Glendale Road,Northampton, MA File No. 18-0056d ALTA 36.4 ENERGY PROJECT—COVENANTS, CONDITIONS AND RESTRICTIONS LAND UNDER DEVELOPMENT ENDORSEMENT(OWNER'S) Attached to Policy No. 18-0056d2NR-FN 1. The insurance provided by this endorsement is subject to the exclusions in Section 4 of this endorsement; and the Exclusions from Coverage, the Exceptions from Coverage contained in Schedule B, and the Conditions in the policy. 2. For purposes of this endorsement only: a. "Covenant" means a covenant, condition, limitation or restriction in a document or instrument in effect at Date of Policy. b. "Electricity Facility" means an electricity generating facility that may include one or more of the following: a substation; a transmission, distribution or collector line; an interconnection, inverter, transformer, generator, turbine, array, solar panel, or module; a circuit breaker, footing, tower, pole, cross-arm, guy line, anchor, wire, control system, communications or radio relay system, safety protection facility, road, and other building, structure, fixture, machinery, equipment, appliance and item associated with or incidental to the generation, conversion, storage, switching, metering, step-up, step-down, inversion, transmission, conducting, wheeling, sale or other use or conveyance of electricity, on the Land at Date of Policy or to be built or constructed on the Land in the locations according to the Plans, that by law constitutes real property. c. "Plans" means the survey, site and elevation plans or other depictions or drawings prepared by Beals Associates, dated August 17, 2018, last revised September 10, 2018, designated as Syncarpha Northampton Solar Project consisting of 16 sheets. d. "Severable Improvement" means property affixed to the Land at Date of Policy or to be affixed to the Land in the locations according to the Plans, that would constitute an Electricity Facility but for its characterization as personal property, and that by law does not constitute real property because(a) of its character and manner of attachment to the Land and (b)the property can be severed from the Land without causing material damage to the property or to the Land. 3. The Company insures against loss or damage sustained by the Insured by reason of: i. A violation of an enforceable Covenant by any Electricity Facility or Severable Improvement, unless an exception in Schedule B of the policy identifies the violation; ii. Enforced removal of any Electricity Facility or Severable Improvement as a result of a violation of a building setback line shown on a plat of subdivision recorded or filed in the Public Records, unless an exception in Schedule B of the policy identifies the violation; or iii. A notice of a violation, recorded in the Public Records at Date of Policy, of an enforceable Covenant relating to environmental protection, describing any part of the Land and referring to that Covenant, but only to the extent of the violation of the Covenant referred to in that notice, unless an exception in Schedule B of the policy identifies the notice of the violation. Copyright 2006-2012 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. LEASEHOLD OWNERS POLICY 18-0056D.DOCX Fidelity National Title Insurance Company Property Address:0 Glendale Road, Northampton,MA File No. 18-0056d 4. This endorsement does not insure against loss or damage (and the Company will not pay costs, attorneys'fees, or expenses) resulting from: a. any Covenant contained in an instrument creating a lease or easement; b. any Covenant relating to obligations of any type to perform maintenance, repair, or remediation on the Land; or c. except as provided in Section 3.c., any Covenant pertaining to environmental protection of any kind or nature, including hazardous or toxic matters, conditions, or substances. This endorsement is issued as part of the policy. Except as it expressly states, it does not(i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii)extend the Date of Policy, or (iv) increase the Amount of Insurance.To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements. Dated: January 24, 2019 FIDELITY NATIONAL TITLE INSURANCE COMPANY Countersigned: Natalie E. Robb//Authorized Signatory Copyright 2006-2012 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. LEASEHOLD OWNERS POLICY 18-0056D.DOCX Fidelity National Title Insurance Company Property Address:0 Glendale Road, Northampton, MA File No. 18-0056d ALTA 36.6 ENERGY PROJECT—ENCROACHMENTS ENDORSEMENT(OWNER'S) Attached to Policy No. 18-0056d2NR-FN 1. The insurance provided by this endorsement is subject to the exclusions in Section 4 of this endorsement; and the Exclusions from Coverage, the Exceptions from Coverage contained in Schedule B, and the Conditions in the policy. 2. For purposes of this endorsement only: a. "Electricity Facility" means an electricity generating facility that may include one or more of the following: a substation; a transmission, distribution or collector line; an interconnection, inverter, transformer, generator, turbine, array, solar panel, or module; a circuit breaker, footing, tower, pole, cross-arm, guy line, anchor, wire, control system, communications or radio relay system, safety protection facility, road, and other building, structure, fixture, machinery, equipment, appliance and item associated with or incidental to the generation, conversion, storage, switching, metering, step-up, step-down, inversion, transmission, conducting, wheeling, sale or other use or conveyance of electricity, on the Land at Date of Policy or to be built or constructed on the Land in the locations according to the Plans, that by law constitutes real property. b. "Plans" means the survey, site and elevation plans or other depictions or drawings prepared by Beals Associates, dated August 17, 2018, last revised September 10, 2018, designated as Syncarpha Northampton Solar Project consisting of 16 sheets. c. "Severable Improvement" means property affixed to the Land at Date of Policy or to be affixed to the Land in the locations according to the Plans, that would constitute an Electricity Facility but for its characterization as personal property, and that by law does not constitute real property because(a) of its character and manner of attachment to the Land and (b)the property can be severed from the Land without causing material damage to the property or to the Land. 3. The Company insures against loss or damage sustained by the Insured by reason of: a. An encroachment of any Electricity Facility or Severable Improvement located on the Land onto adjoining land or onto that portion of the Land subject to an easement, unless an exception in Schedule B of the policy identifies the encroachment; b. An encroachment of an improvement located on adjoining land onto the Land at Date of Policy, unless an exception in Schedule B of the policy identifies the encroachment; c. Enforced removal of any Electricity Facility or Severable Improvement, as a result of an encroachment by the Electricity Facility or Severable Improvement onto any portion of the Land subject to any easement, in the event that the owners of the easement shall, for the purpose of exercising the right of use or maintenance of the easement, compel removal or relocation of the encroaching Electricity Facility or Severable Improvement; (or] Copyright 2006-2012 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. LEASEHOLD OWNERS POLICY 18-0056D.DOCX Fidelity National Title Insurance Company Property Address:0 Glendale Road, Northampton, MA File No. 18-0056d d. Damage to any Electricity Facility or Severable Improvement that is located on or encroaches onto that portion of the Land subject to an easement excepted in Schedule B, which damage results from the exercise of the right to maintain the easement for the purpose for which it was granted or reserved or e. The coverage of Sections 3.c. and 3.d. shall not apply to the encroachments listed in Exception(s) 10a-e and 12 a-b of Schedule B. 4 This endorsement does not insure against loss or damage (and the Company will not pay costs, attorneys'fees, or expenses) resulting from contamination, explosion, fire, vibration, fracturing, earthquake or subsidence. This endorsement is issued as part of the policy. Except as it expressly states, it does not(i)modify any of the terms and provisions of the policy, (ii)modify any prior endorsements, (iii)extend the Date of Policy, or(iv)increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement,this endorsement controls. Otherwise,this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements. Dated: January 24, 2019 FIDELITY NATIONAL TITLE INSURANCE COMPANY Countersigned: Natalie E. Robb//Authorized Signatory Copyright 2006-2012 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. LEASEHOLD OWNERS POLICY 18-0056D.DOCX 0 Fidelity National Title Insurance Company Property Address:0 Glendale Road, Northampton, MA File No. 18-0056d ALTA 39-06 POLICY AUTHENTICATION ENDORSEMENT Attached to Policy No. 18-0056d2NR-FN When the policy is issued by the Company with a policy number and Date of Policy, the Company will not deny liability under the policy or any endorsements issued with the policy solely on the grounds that the policy or endorsements were issued electronically or lack signatures in accordance with the Conditions. This endorsement is issued as part of the policy. Except as it expressly states, it does not(i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or(iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements. Dated: January 24, 2019 FIDELITY NATIONAL TITLE INSURANCE COMPANY Countersigned: (\� ) Natalie E. Robb H Authorized Signatory Copyright 2006-2012 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. LEASEHOLD OWNERS POLICY 18-0056D.DOCX FIDELITY NATIONAL FLS k_C LU PRIVACY NOTICE Fidelity National Financia:. Inc. and its majority-owned subsidiary companies protizding title insurance,real estate-and loan-related sen-ices(co:ecnve:y.FNF."our or`tee')respect and are committed to protecting your privacy.We will take reasonable steps to ensure that your Personal Information and Browsing Information will only be used in compliance with this Privacy Notice and app:icable laws.This Pnv3cy Notice is only in effect for Personal Information and Browsm; Information collected and'or owned by or on behalf of FNF,including Personal Information and Brow-sing Information collected through any FNF website.online sen-ice or application(collectively.the'-W-ebsire). Teves of Information Collected T'e may:ollect two types of information from you:Personal Information and Browsing Information Personal Information-FNF may collect the fallowing categories of Personal Information: •contact information(e.g.,name,address,phone number,email address); •demographic information(e.g_date of birth,gender,marital status): • social security number($58+1),driver's license,passport,and other government ID number:: • financial account information;and •other personal information needed from)rou to provide title insurance,leaf estate-and loan-resated ieric s to you. Brownsma Information.FNF may collect the follov6mz c ategones of Browsing Infotn-anon •Internet Protocol(or IP)address or device IIaUDID.protocol and sequence information: •browser language and type; •domain name system requests; •browsmg history,such as time spent at a domain.time and date of tour visit and number of chcks: •http headers,application client and sen-er banner:_and •operating system and fingerprinting data. How Information is Collected In the course of our business.we may collect Perzo►eal Information about you from the following sources_ •applications or other forms we receive from you or your authorized representative; •the correspondence you and other send to us; •information we receive through the Website; •information about your tra=acnons with.or sen-tces performed by.us,our affiliates or nonaffiliated third parties;and •information from consumer or other reporting agencies and public records maintained by governmental entities that we obtain directly from those entities.our affiliates or others. If you visit or use our{Website.we may collect Brou:ing Information from you as follows: •Brow ser Log Files. Our senmrs automatically log each visitor to the Website and collect and record certain browsing information about each visitor. The Browsing Information includes generic information and reveal- nothing personal about the user. •Cookies.lWhen you visit our Rrebute.a"cookie maybe sent toy our computer.A cookie is a small piece of data that is sent to your Internet browser from a web sen-er and stored on your computer's hard drive.Uleri you visit a w ebsite again- the cookie al'ovys the website to recognize your computer.Cookie;may store user preference,and other information.You can choose whether or not to accept cookies by changing your Internet browser settings,which may impair or limit same functiona:iry of the Website. U-e of Collected Information Information collected by Fv-F is used for three main purposes: • To provide products and services to you or any affiliate or thud party who is obtaining sen-ices on your behalf or m connection with a transaction mvoh-ing you. • To improve our products and sen-ices. Elective Nfac 3.MH:Last updated:March 1,'017 Cop%t;ht i'_017 Fide rcNarional Fieaacial.Inc,Al F.ighr Re-sewed •To communicate with you and to inform vrou about our.our affiliate-, and thud parte, product,and-en-icei.jointly or independently. When Information Is Disclosed We may provide your Personal Information(excluding information we receive fiom consumer or other credit reporting agencies)and Browing Information to various individual- and companies.as permitted by law.without obtaining your prior authorization. Such laws do not allow consumers to restrict these disclosures.Please see the section"Choices With Your Personal Information"to learn how to limit the di cretionary disclosure of your Personal Information and Brow-sing Information. Disclosures of your Personal Information may be made to the follouimg categories of affiliates and nonaffiliated third parties: •to third parties to provide you with services you have requeited. and to enable us to detect or prevent cnmtmal activity. fraud,material misrepresentation,or nondisclosure; •to our affiliate financial service prodders for!heti use to market their products or services to your: •to nonaffiliated third party service providers who provide or perform services on our behalf and u_e the di co:ed information only in connection with such services; •to nonaffiliated third party service providers with whom we perform j omt marketing.pursuant to an agreement n-ith them to market financial products or services to you; •to law enforcement or other governmental authority in connection with an investigation_or civil or criminal subpoena or court order, •to:enders,lien holders,judgment creditors,or otter parties claiming an interest in title whose claim or mtereit must be derermmed,settled paid,or released prior to closing:and • other third parties for whom you have given us written audw=tion to diwlox-Yvw Peronal Information. We may disclose Personal Information and or Browsing Information when required by law or in the good-faith belief that such disclosure is necessary to: •comply with a legal process or applicable law: •enface this Privacy Notice; •investigate or respond to claims that any material,document, image, graphic.logo, design. audio,video or any other information provided by you violates the rights of a third party;or •protect the rights.property or personal safety of FNF.its users or the public. We maintain reasonable safeguards to keep your Personal Information secure.%lien we provide Personal Information to our affiliates or third party service provider as discussed in this Privacy Notice.we expect that these parties process such information in compliance with our Privacy Notice or in a manner that is in compliance with applicable privacy law.The use of your information by a business partner may be subject to that party's own Privacy Notice_Unless permitted by law, we do not disclose information we collect from consumer or credit reporting agencies with our affiliates or other without your consent. We reserve the right to transfer your Personal Information.Browsing Information_and am,other information-in connection with the sale or other disposition of all or part of the FNF burmpns and,or assets, or in the event of our bankruptcy. reorganization,insolvency,receivership or an assignment for the benefit of creditors.You expressly agree and consent to the use andror transfer of the foregoing information in connection with any of the above described proceedings.We cannot and will not be responsible for any breach of security by a thud party or for any actions of any third party that receives any of the information that is disclosed to us. Choices With Your Information Whether you submit Personal Information or Browing Information to FNF is entirely up to you.If you decide not to submit Personal Information or Browsing Information_FNF may not be able to pnnide certain services or products to you.The uses of your Personal Information and,or Browsing Information that,by law,you cannot limit,include: E'ective as of Y.av 1.:015:Last updated March 1,101? Copvzigkt is 2017.Fidelity t ationat Financial Inc.All Rights Resened • for our everyday business purposes — to process your transaction:., maintain your account(s), to respond to law enforcement or other governmental authonty in connection with an urvestigation,or civil or criminal subpoenas or court orders.or report to credit bureaus: • for our own marketing purposes: • for Joint marketing with financial companies;and • for our affiliates'everyday business purposes—information about your transactions and expenences. You may choose to prevent F'3F from disclosing or using your Personal Information and'or Brow sing Infonwrion under the following circumstances("aptouf): • for our affiltates'everyday business purposes—information about your creditworthiness:and • for our affiliates to market to you. To the extent permitted above,y'tru may opt-out of disclosure or use of your Personal Information and Bronzing Information by notifying us by one of the methods at the end of d us Privacy Notice.We do not share your personal information with non-affiliates for their direct marketing purposes. For California Residents:We will not share your Personal Information and Browsing Information with nonaffiliated thud parties,except as permitted by California law.Currently,our po'icy is that we do not recognize"do not track"requests ftom Internet browsers and similar devices. For Nevada Resident;:You may be placed on our internal Do Not Call List by calling(888)934-3354 or by contacting us via the information set forth at the end of this Privacy Notice.Nevada law requires that we 3h provide you with the following contact information Bureau of Consss rover Protection.Office of the Nevada Attorney General.555 E.Washington St.,Suite 3900_Las Vegas,NV 89101;Phone number:(702)486-3132;email BCPL`iFGa ag.statemv.us. For Oregon Residents: We will not share your Personal Information and Browsing Information with nonaffiliated thud parties for marketing purposes.except after yrou have been informed by us of such sharing and had an opportunity to indicate that you do not want a disclosure made for marketing purposes. For Vermont Residents:We will not share votes Personal Information and Browsing Information with aonaffiLated thud parties_except as permitted by Vermont law,such as to process your transactions or to maintain your account.In addition, we will not:hare information about your creditworthiness with our affiliates except with your authorization. For joint marketing in Vermont.we will only disclose your name,contact information and information about your transactions_ Information From Children The Webute is meant for adults and is not intended or designed to attract children under the age of thuteen(13).We do not collect Personal Information from any person that we know to be under the age of thirteen(13)without permission from a parent or guardian.By using the Website.you affirmz thar you are over the age of 13 and will abide by the term;of this Privacy Notice. Privacy Outside the Website The Web-mite may contain links to other websites-FNF is not and cannot be responsible for the privacy practices or the content of any of those other websites. International Users FNF's headquarters is located within the United States. If you reside outside the United States or are a citizen of the European Union,please note that we may transfer your Personal Information andPor Browsing Information outside of your country of residence or the European Union for any of the purposes described in this Privacy Notice.By providing FVF with y our Personal Information andlor Browsing Informatiom you consent to our collection and transfer of such information in accordance with this Privacy Notice. Effective as ofMay 1,2015:Last updated March..:Gl? Copyright;?201'.Fidelity\uoral Fieanc?aL kc..AD Righti Reserved. The California Online Priv-aev Protection Act For some FNF websites, such as the Customer CareNet("CCN"), FNF is acting as a third patty :mice provider to a mortgage loan servicer.In those instances.we may collect certain information on behalf of that mortgage:can servicer via the website.The mformation which we may collect on behalf of the mortgage roan servicer is as folon •fust and last name. *property address; •user name and password, •loan number; •social security number-ma sled upon entry: •email address; •three security questions and answers:and •IP address_ The information you submit through the website is then transferred to your mortgage loan servicer by nay of CCN.The mortgage loon servicer is responsible for taking action or making changes to any consumer information-submitted through this website.For example, if you believe that your payment or user information is incorrect, you must contact your mortgage loan servicer. CCN does not share consumer information with thud parties,other than(1)those with which the mortgage loan servicer has contracted to interface with the CCL application,or(2)law enforcement or other go-.vx mental authority in connection with an investigation. or aril or criminal subpoenas or court orders. All sections of this Privacy Notice apply to your interaction with CCL,except for the sections titled"Choices with Your Information"and"Access and Correction."If you have questions regarding the choices you have with regaivi to your personal information or how to access or correct v_our personal information,you should contact your mortgage loan servicer. Your Consent To This Privacy-Notice By submitting Personal Information andlor Browing Information to FIE,you consent to the col:ecnon and use of the information by us in compliance with this Privacy'-otice.Amendments to the Privacy Notice will be posted our the Website. Each time you provide information to us..or we receive information about you,following any amendment of this Privacy Notice will:ignifr your assent to and acceptance of its revised terms for all previously collected information and information collected from you in the future.We may use comments.information or feedback that you submit to us in any manner that we may choose without notice or compensation to you. Accessing and Correcting Information;Contact Us If you have questions.would like to access or correct your Personal Information,or want to opt-out of=formation sharing with our affiliates for their marketing purposes.please send v our requests to pnvacy'1fnf con or by mail or phone to: Fidelity National Financial,Inc. 661 Riverside Avenue Jacksonville,Florida 32204 Arm:Chief Privacy Officer (888)934-3354 Effective as of May 1.2015;Last updated March 1.2017 Capyti#4 2017 Fidelity Natiocal Fi=aL Inc.,\L Righti F.anent d. LEASEHOLD OWNERS POLICY 18-0056D.DOCX Syncarpha Northampton-Park Hill Road Building Permit Fee Calculations Building Costs $ 696,855.44 Eletrical Costs $ 1,637,965.00 General Conditions&Indirect Costs $ 180,359.02 Material $3,071,248.00 Total Costs $ 5,586,427.46 Building Permit Fee $ 19,552.50 O 0 0 � h