Closing Affidavit and Agreement - NPS II v2 (12!6!22)

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CLOSING AFFIDAVIT AND AGREEMENT – OWNER

The undersigned, being the President of Nickel Plate Station II, LLC, an Ohio Limited Liability Company, owner of
the property ("Property") covered by commitment number RAOH-47049B ("Commitment") issued by the company
shown in the Commitment ("Company"), as agent for the underwriter shown on the Commitment (“Underwriter”),
being first duly sworn, deposes, states and warrants, that:

1. Commitment: Except as shown on the Commitment, I have no notice or knowledge of any defects, liens,
encumbrances, adverse claims or other matters attaching against the Property.

2. Bankruptcy; Assignment to Creditors: The undersigned is not the subject of a pending bankruptcy or a
pending assignment for the benefit of creditors.

3. Gap: I have no notice or knowledge of any defects, liens, encumbrances, adverse claims or other matters
first appearing in the public records, and attaching against the Property, between the effective date of the
Commitment and the date of recording of the deed and/or mortgage to be insured. Note: This paragraph
does not constitute a gap endorsement nor should it be construed as providing gap coverage to the insured.

4. Special assessments: There are no unpaid special assessments, utilities, charges for water or sewer
hookup or service, or other tax liens on the Property, except: None
(if none, so state).

5. Maintenance Dues: There are no unpaid monies or other assessments for maintenance, construction of
easements, or any other charges or liens therefor, on the Property, except: None
(if none, so state).

6. Construction work: Any and all cost for labor or materials supplied in connection with repair or construction
work done on the Property in the past six months has been paid, as evidenced by the attached lien waivers,
except: None (if none, so state).

7. Tenants: There are no tenants and/or occupants (other than the buyer) who will stay on the Property after
closing except: None (if none, so state; attach rent roll if necessary).

8. Association dues and assessments: There are no association dues owed to my condominium or
homeowner’s association, except: NONE (if none, so state).

9. Compliance Agreement: The Company has prepared certain closing documents (“Documents”) in reliance
upon information and materials obtained by the Company and/or supplied to the Company by others. I
understand and agree that: (a) the Documents may contain errors, (b) the Company shall not be responsible
or liable for the accuracy or completeness of the information contained in the Documents, (c) the Documents
are accepted as true and correct by me, and (d) if any of the Documents are lost, misplaced, misstated or
inaccurately reflect the terms and conditions of the transaction contemplated by the parties to the subject
transaction, I agree to promptly comply with the Company’s request to correct any such errors, including the
execution of replacement or corrected closing documents and/or the deposit of additional funds with the
Company which, for whatever reason, were not collected at closing, or the return of funds to the Company
which were disbursed in error to a party at closing.

10. Legal Advice: I acknowledge that: (a) the Company has not provided legal advice to me, and (b) I have had
an opportunity to seek appropriate legal counsel to assist with the review of the Documents.

11. Real Estate Broker: All real estate brokers who are or will be entitled to a commission for the sale of the
Property, and/or with whom there is a contract for the lease or management of the Property, have been paid
or will be paid at closing.

12. Owner has not granted any right of first refusal or option to purchase the Property to any person or entity, nor
are there any outstanding contracts of sale or other options to purchase the Property except any Contract
which may be the subject of the present transaction.

Closing Affidavit and Agreement RAOH-47049


13. Owner hereby indemnifies Underwriter and agrees to hold it harmless against any loss which the Underwriter
may suffer by virtue of issuing its policies of title insurance without a PACA/PASA exception. Owner
understands such losses may include court costs and attorney's fees expended by Underwriter in defending
the title or interest of the insured against such matters.

14. Indemnity: I understand that the Company shall rely upon these statements and representations to issue the
title insurance policies on the Commitment. I agree to indemnify and hold the Company and the Underwriter
harmless from and against any and all loss or damage caused by my misrepresentations, inaccuracies and/or
omissions in the above information, or my non-compliance with the compliance agreement set forth in this
Agreement, plus any cost, expense or liability, including attorneys’ fees, arising from the enforcement of this
indemnification.

Dated: December , 2022

Nickel Plate Station II, LLC Subscribed and sworn to before me this

day of , 20____.

BY:________________________________ ___________________________________
Paul Betori, President Notary Public, County,
My commission (expires) (is permanent).
___________________________________

Closing Affidavit and Agreement RAOH-47049

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