Loading...
Resolution No. 9734 (3)i Section 15, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kem, State of California, according to the Official Plat thereof. Parcel 84: (APN: 153-150-04) Section 13, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 85: (APN; 153-160-02) Section 17, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 86: (APN: 153-160.06) The Northeast quarter, the Northeast quarter of the Southeast quarter, the Northeast quarter of the Northwest quarter, and Lots 1 and 2, of Fractional Section 19, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kem, State of California, according to the Official Plat thereof. Parcel 87: (APN: 153-160-04) Section21, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 88: (APN: 153-150-06) The East half of the East half, the Southwest quarter of the Southeast quarter, and the South half of j the Southwest quarter, of Section 23, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 89: (APN: 153-170-03) Section 25, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 90: (APN: 153-170-04) The Northwest quarter of the Northwest quarter, the East half of the Northwest quarter, the Northeast quarter, and the South half of Section 36, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Except all oil, gas, oil shale, coal, phosphate, sodium, gold, silver and all other mineral deposits contained in said land, and further reserving to the State of California and persons authorized by the State, the right to drill for and extract such deposits of oil and gas, or gas, and to prospect for, mine and remove such deposits of other minerals from said land and to occupy and use so much of the surface of said land as may be required therefor, upon compliance with the conditions and subject to the provisions and limitations of Chapter 5, Part L Division 6 of the Public Resources Code, as reserved in Patent recorded June 10, 1958 in Book 2962, Page(s) 503 of Official Records. Parcel 91: (APN; 153-240-14) File No.: 134642 Ls o015CG t1lb aurenry oogn y Page 16 of 27 The Southwest quarter of Section 29, Township 29 South, Range 37 East,, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Except a strip of land 200 feet wide granted to the City of Los Angeles, by Deed recorded March 13, 1920 in Book 346� _Page(s) 421 of Deeds: Also except that portion of said Southwest quarter, granted to the City of Los Angeles by Deed recorded September 20, 1973, in Book 4804, Page(s) 2459 of Official Records. Parcel 92: (APN: 153-240-12) Section 31, Township 29 South, Range 37 East, , Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Except a strip of land 200 feet wide granted to the City of Los Angeles, by Deed recorded March 13, 1920, in Book 346, Page(s) 421 of Deeds. Also except that portion of said section, granted to the City of Los Angeles by Deed recorded September 20, 1973 in Book 4804, Page(s) 2459 of Official Records. Parcel 93: (APN: 153-240-16) The South half of the Northwest quarter, the Southwest quarter of the Northeast quarter, the West half of the Southeast quarter, and the Southwest quarter, of Fractional Section 33, Township 29 South, Range 37 East, , Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Except a strip of land 250 feet wide granted to the City of Los Angeles, by Deed recorded September 20, 1973 in Book 4804, Page(s) 2456 of Official Records. Parcel 94: (APN: 181-020-02) Fractional Section 5, Township 30 South, Range 37 East,, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 95: (APN: 181-020-13) Fractional Section 9, Township 30 South, Range 37 East,, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Except a strip of land 250 feet wide granted to the City of Los Angeles, by Deed recorded September 20, 1973 in Book 4804, Page(s) 2456 of Official Records. Parcel 96: (APN 444-070-05) The North half, and the Southwest quarter of Fractional Section 1, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the unincorporated area, County of Kern, State of California, according to the Official Plat thereof. File No.: 134642 .�LPiWC�r l 0015co �.aueowrnntvwmavn Page 17 of 27 WESTERN SOLAR LAND Parcel 97: (APN: 153-070-02) Lots 1 and 2 of the Northeast quarter, the East half of Lot 2 of the Northwest quarter, the North half of the Southeast quarter, and the Southeast quarter of the Southeast quarter, of Fractional Section 3, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof.. Parcel 98: (APN: 153-070-03) The Southwest quarter of the Southwest quarter of Fractional Section 3, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 99: (APN: 153-070-07) Section 11, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 100: (APN: 153-080-08) Lots I and 2 of the Northeast quarter, and the Southeast quarter of Fractional Section 5, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 101: (APN: 153-080-02) Lots 1 and 2 of the Northwest quarter, and the Southwest quarter of Fractional Section 5, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 102: (APN: 153-080-05) The Southeast quarter of Section 8, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 103: (APN: 153-080-04) Section 9, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kem, State of California, according to the Official Plat thereof. Parcel 104: (APN: 153-090-01) Section 15, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 105: (APN: 153-090-03) File No.: 134642 S�@Waf +b cmm�eny. OO15CG II_tnu ev Page 19 of 27 Section 13, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 106: (APN: 153-100-03) Section 17, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 107: (APN: 153-100-I0) Section 21, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 108: (APN: 153-090-05) Section 23, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 109: (APN: 153-110-03) Section 25, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 110: (APN: 153-110-01) Section 27, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kem, State of California, according to the Official Plat thereof. Parcel 111: (APN: 153-120-02) Section 29, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kem, State of Califomia, according to the Official Plat thereof. Parcel 112: (APN: 153-120-04) The North half of the Northeast quarter, and the Northeast quarter of the Northwest quarter of Section 28, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 113: (APN: 153-120-07) The East half of the Northeast quarter, the Northwest quarter of the Northeast quarter, the East half of the Southeast quarter, and the West half of Section 33, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. File No.: 134642 0015CG s 4ELVYC Page 19 of 27 ALTA OWNER'S POLICY (6/I7/06) SCHEDULE B File No.: 134642 Policy No: 0-9301 (To Be Determined) EXCEPTIONS FROM COVERAGE 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: A. Property taxes, which are a lien not yet due and payable, including any assessments collected with taxes, to be levied for the fiscal year 2008 - 2009 which are a lien not yet payable. B. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5 (commencing with Section 75) of the Revenue and Taxation Code of the State of California. The following exceptions 1.-30 affect Parcels 1 thru 78 i 1. Any assessments levied or which may be levied by Kern -Antelope Valley Water Storage District. None now due and payable. 2. Right of the public in and to that portion of said property lying within the line of Jawbone Road (Road 938), Affects Parcels 1, 2 and 19; Jawbone Canyon Road, (Affects Parcel 19); and Jawbone Road, (Affects Parcels 3 8, 43, 41,35,and 39, 64 and 65, as it now exists 3. Any adverse claim based upon the assertion that: (a) Some portion of said land has been created by artificial means or has accreted to such portion , so created. (b) Some portion of said land has been brought within the boundaries thereof by an avulsive movement of the river or stream hereinafter mentioned, or has been formed by accretion to any such i portion. River or Stream: Back Canyon Creek (Affects Parcels 14, 70, and 47, Cottonwood Creek (Affects Parcels 1, 17, 18. and 20) and Jawbone Creek also known as Jawbone Canyon Creek, (Affects Parcels 43 and 55); An un-named creek as disclosed by the assessor's parcel map book 181, page 08, (Affects Parcels 64 and 65.) i i Rights and easements for navigation and fishery which may exist over that portion of said land lying beneath the waters of the river or stream above -mentioned. Any rights in favor of the public which may exist.ori said land if said land or portions thereof are or i were at any time used by the public. 4. The Los Angeles Aqueduct as shown upon the current Assessors Parcel Map. Affects: Parcels 8, 44, 46, 62 and 64. 5. An easement for the purpose shown below and rights incidental thereto as set forth in a document in favor of the public for the purpose of any lawfully established county roads, recorded December 29, 1932 in Book 271, Page(s) 1, of Deeds. No representation is made as to the present ownership of said easement. He No;: 134642stewar t' 0015CG L—:uuec.n, W... " \ Page 20 of 27 6. An easement for the purpose shown below and rights incidental thereto as set forth in a document in favor of the City of Los Angeles for the purpose of construct, maintain, operate, reconstruct and repair pole lines and wires, recorded March 13, 1920 in Book 346, Page(s) 409, of Deeds, affects Parcels 44, 62, 65. No representation is made as to the present ownership of said easement. 7. An easement for the purpose shown below and rights incidental thereto as set forth in a document in favor of the public for the purpose of any lawfully established county roads, recorded December 29, 1932 in Book 458, Page(s) 274, of Official Records... No representation is made as to the present ownership of said easement. Affects Parcels 43 and 45. 8. Reservations and provisions as contained in the patent from United States of America to James L. Black recorded August 29, 1933, in book 484, page 42, of Patents. . Subject to any vested and accrued water rights for, mining, agricultural, manufacturing, or other purposes, and rights to ditches and reservoirs used in connection with such water rights as may be recognized and acknowledged by local customs, laws and decisions of courts. Also the right of proprietor of a vein or lode to extract and remove his ore therefrom should the same be found to penetrate or intersect the premises hereby granted as provided by law. And there is reserved from the lands hereby granted a right of way thereon for ditches or canals constructed by the authority of the United States. Affects: Parcel 58 9. An easement for the purpose shown below and rights incidental thereto as set forth in a document in favor of the City of Los Angeles, a municipal corporation for the purpose of telephone and telegraph lines, recorded March 17, 1938 in Book 787, Page(s) 33, of Official Records. No representation is made as to the present ownership of said easement. Affects Parcel 64. 10. An easement for the purpose shown below and rights incidental thereto as set forth in a document in favor of the City of Los Angeles, a municipal corporation for the purpose of road and incidental purposes, recorded March 17, 1938 in Book 784, Page(s) 74, of Official Records. No representation is made as to the present ownership of said easement. Affects Parcel 64. 11. Reservations and provisions as contained in the patent from United States of America to A;J. Alexander and Oscar Rudnick recorded April 27, 1949, in book 1612, page 130, of Official Records. Subject to any vested and accrued water rights for, mining, agricultural, manufacturing, or other purposes, and rights to ditches and reservoirs used in connection with such water rights as may be recognized and acknowledged by local customs, laws and decisions of courts. File No.: 134642 ��{{. 0015CG ��I�P.Wgrt Page 21 of 27 Also the right of proprietor of a vein or lode to extract and remove his ore therefrom should the same be found to penetrate or intersect the premises hereby granted as provided by law. And there is reserved from the lands hereby granted a right of way thereon for ditches or canals constructed by the authority of the United States. Affects: Parcel 18. 12. An easement for the purpose shown below and rights incidental thereto as set forth in a document in favor of Department of Water and Power for the City of Los Angeles for the purpose of electric transmission lines, together with right of ingress to said right of way across said adjoining lands of grantor from public highway most convenient to said right of way and right of egress from said right of to way to such highway across said adjoining lands of grantor over and along any road now existing or if none, then over the most direct and practical route grantee may select, recorded December 1, 1950 in Book 1749, Page(s) 556, of Official Records, affects Parcels 64. No representation is made as to the present ownership of said easement. 13. Reservations and Provisions as contained in the Patent from the State of California to Oscar Rudnick Trust recorded June 10, 1958 in Book 2962, Page(s) 503 of Official Records. 14. An easement for the purpose shown below and rights incidental thereto as set forth in a document in favor of The Pacific Telephone and Telegraph Company for the purpose of construct and maintain communication facilities, together with a right of way therefore and with right of access thereto, recorded November 14, 1958 in Book 3036, Page(s) 202, of Official Records. Affects: Parcel 73. 15. Reservations and Provisions as contained in the Patent from the State of California to Oscar Rudnick Trust recorded July 29, 1958 in Book 3170, Page(s) 179 of Official Records. Reserving in the people the absolute right to fish thereupon, as provided by Section 25 Article I of the Constitution of the State of California; Also further reserving to the State, it's successors and assigns, pursuant to Section 6210.5 of the Public Resources Code, a perpetual easement and right of way for convenient access to other lands owned by the State, it's successors and assigns. Affects. Parcel 8. 16. An easement for the purpose shown below and rights incidental thereto as set forth in a document in favor of United States of America, Department of the Interior Bureau of Land Management for the purpose of right of way for spring development and pipeline, recorded August 9, 1960 in Book 3291, Page(s) 639 , of Official Records, affects Parcel 54. No representation is made as to the present ownership of said easement. 17. An easement for the purpose shown below and rights incidental thereto as set forth in a document in favor of William N. Fritzsche, William R. Long and Michael Korda, dba Korda and Associates for the purpose of constructing, maintaining and using a roadway, recorded November 6, 1961 in Book 3431, Page(s) 404, Official Records, affects Parcels 30; 50; 51 and 52. No representation is made as to the present ownership of said easement. An Amendment to easement and agreement was recorded October 18, 1979 in Book 5237, Page(s) File No.: 134642 Stewart 0015CG n"�°^�°°^�°^Y ( Page 22 of 27 \ 1732 of Official Records. 18. An easement for the purpose shown below and rights incidental thereto as set forth in a document in favor of the City of Los Angeles, a municipal corporation for the purpose of support, slope purposes and for cutting and filling recorded September 20, 1973 in Book 4804, Page(s) 2459, of Official Records, affects Parcel 65. No representation is made as to the present ownership of said easement. 19. The Terms and Provisions of that certain License for Diversion and Use of Water, dated June 7, 1963, in favor of the State of California, Department of Fish and Game, Permit No. 12538, purpose: wildlife propagation, recorded June 10, 1963 in Book 3614, Page(s) 996 of Official Records. Affects: Parcel 43. 20. An easement affecting the portion of said land and for the purposes stated" herein, and incidental purposes, condemned by final decree in favor of United States of America, for (a) to locate, construct, use, control, maintain, improve, relocate, and repair a 30 foot wide right of way for a trail (b) to provide access for the people of the Untied States generally"to lands owned, administered and controlled by the United States of America (c) to provide use of said trail for the people of United States generally (d) to clear said right of way taken and keep the same clear of brush, timber, vegetation, and other materials (e) to dispose of such brush, timber, vegetation, and other materials within said right of way, Case No. CV-F-88-386REC, recorded:_ August 2, 1988 in Book 6148, Page(s) 1775, of Official Records, which affects Parcels 9; 11; 12; 47 and 49. 21. An agreement to which reference is made for full particulars dated July 19, 2000, by and between United States of American acting through the Bureau of Land Management and Oscar Rudnick, as Successor Trustee of the Rudnick Estates Trust, regarding Settlement of Eminent Domain Action, recorded August 23, 2000, as Instrument/File No. 0200103156 of Official Records.. Affects Parcels 9, 11, 12, and 49. 22. An easement dated April 16, 2003, by and between Oscar Rudnick, as Successor Trustee of the Rudnick Estates Trust ("Grantor") and Wind Turbine Prometheus, LLC, a Delaware Limited Liability Company ("Grantee"). A non-exclusive easement for road purposes in connection with Grantee's Wind Projects, including, but not limited to, the right to maintain, improve (including but not limited to, the right to widen the existing road to width of 60 feet) and repair the current roadway for vehicular and pedestrian access, ingress and egress to and from Grantor's property and Grantee's property and to and from adjoining public streets, and a temporary and non-exclusive construction easement in, over and across that portion of Grantor's property that lies adjacent to the existing roadway as may be necessary for the improvement and widening of such existing roadway, recorded May 22, 2003 as Instrument No. 0203100450 of Official Records. Said Easement was assigned pursuant to an assignment and Assumption Agreement to which reference is made for full particulars dated January 29, 2007, by and between Wind Turbine Prometheus, LP., a Delaware Limited Partnership, successor by conversion of Wind Turbine Prometheus, LLC., a Delaware Limited Liability Company and the City of Los Angeles, acting through the Department of Water and Power recorded February 7, 2007, as Instrument/File No. 0207029617 of Official Records Affects: Parcel 41, 55 and other property. 23. An agreement to which reference is made for full particulars dated September 23, 2003, by and between the Rudnick Estate Trust, Lessor and Trans -Western Materials, as Lessee, regarding Miner File No.: 134642 L`�War't 0015C6 ( Page 23 of 27 _ i E a Extraction Lease, recorded January 30, 2004, as Instrument/File No. 0204022751 of Official Records Affects: Parcels 43; 47; 49; 50; 51; 52 and 54. 7 24. Lack of a right of access to and from the land. Affects Parcels 31, 54, 55, 50, 44, 22, 29, 53, 53, 2, 49, 47, 14, 12 and 47. 25. Water rights, claims or title to water in or under said land, whether or not shown by the public records. 26. Any defect in title or claim of defect arising from Kern County superior Court Case No. S-15500- PB-57626 or from the assertion that the Trustee of the Rudnick Estates Trust had no authority to sell the property described in Schedule A of the policy or from the failure to discloses the sale of said property from to ReNu Resources, LLC, a Delaware limited liability company, to the City of Vernon; to the Rudnick Estates Trust and the court mentioned above. 27. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the land which may be asserted by persons in possession thereof. 28, Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 29. Unpatented mining claims. THE FOLLOWING EXCEPTIONS AFFECT PARCELS 79-96 (EASTERN SOLAR LAND): 31. Any assessments levied or which maybe levied by Kern -Antelope Valley Water Storage District. 32. Right of the public in and to that portion of said property lying within the line of, Butterbread Road (NO. 515). Affects: Parcels: Q - 101 (�-'' —� 33. An easement for the purpose shown below and rights incidental thereto asset forth in a document in favor of the public or the purpose of any lawfully established county roads, recorded December 29, 1932 in Book 271, Page(s) 1, of Deeds. No representation is made as to the present ownership of said easement. 34. An easement for the purpose shown below and rights incidental thereto as set forth in a document in favor of the City of Los Angeles for the purpose of construct, maintain; operate, reconstruct and repair pole lines and wires, recorded March 13, 1920 in Book 346, Page(s) 409, of Deeds, affects Parc et3-�- G{ 35. An easement for the purpose shown below and rights incidental thereto as set forth in a document in favor of Department of Water and Power for the City of Los Angeles for the purpose of electric transmission lines, together with right of ingress to said right of way across said adjoining lands of . grantor from pubic highway most convenient to said right of way and right of egress from said right of way to such highway across said adjoining lands of grantor over and along any road now existing or if none, then over the most direct and practical route grantee may select, recorded December 1, File No.: 134642 0015co I 'roa am and ComOany Page 24 of 27 1950 in Book 1749, Page (s) 556, of Official Records, affects Parcej$li-aYr�. 36. An easement for the purpose shown below and rights incidental thereto asset forth in a document in favor of the City of Los Angeles, a municipal corporation for the purpose of support, slope purposes and for cutting and filling recorded September 20, 1973 in Book 4804, Page (s) 2459, of Official Records; affects Parcel 44-- q2 No representation is made.as:to the present ownership of said easement. �`� February 4, 2008, by dird-between-Rudnick Estates Trust, Oscar Rudnick, trustee and CIM Group Acquisitions, LLC., a California Limited liability Company upon the Wrens therein provided Affects: All Parcels.. 38. Any defect in title or claim of defect arising from Kern County superior Court Case No. S-1500-PB- 57626 or from the assertion that the Trustee of the Rudnick Estates Trust had no authority to sell the property described herein or from the failure to disclose the sale of said land from ReNu Resources, LLC, a Delaware limited liability company, to the City of Vernon, to the Rudnick Estates Trust and the court mentioned above. 39. Lack of a right of access to and from the land. Affects Parcel b ° r c " ' ^ ' ^—' ' ' `�'� �'S�7'�7'�T*S'�i 'TD'Tt�'[Z� TJ� P'F, '-10 40. Water rights, claims or title to water in or under said land, whether or not shown by the public records. (1 6 41. Any facts, rights, interest, or claim which are not shown by the public records but which could be ascertained by an inspection of the land which may be asserted by persons in possession thereof. 42. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 43. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof. I TILE FOLLOWING EXCEPTIONS AFFECT PARCELS 97-113 (WESTERN SOLAR LAND): i,oJawbone Al45. Right of the public in andthat portion of said property lying within the line of Butterbread Road(No: 515), affects Parcel Canyon Road No. 938, as it now exits, Affects Parcels , I0 ) l O -m&+7; Kelso Valley Rd., affects Parcels 16-and i p o'? a-f-4 {1-2 6 *-l3 46. An easement for the purpose shown below and rights incidental thereto as set forth in a document in favor of the public for the purpose of any lawfully established county roads, recorded December 29, 1932, in Book 271, Page(s) 1, of Deeds. No representation is made as to the present ownership of said easement. 0 1 No.: 134642 Fstewart 00SCG Page 25 of 27 I I 47. An easement for the purpose shown below and rights incidental thereto as set forth in a document in favor of George Albert Burke and Thomas Edward Burke for the purpose of private access, recorded May 9, 1994 in Book 7031, Page(s) 2021 of Official Records, affects Parcels d d-1--- IO �-+—'Q O 7 7 an instmrnent entitle "bletnorandum of Purchase *green2eirt" dated . February 4, een Rudnick Estates Trust, Oscar Rudnick, Trustee and CIM Group Acquisitions, LLC., a California Lino e ' ' an upon the terms therein provided j recorded February 14, 2008, as Instrument/File No. 02080228 o rds. Affects said I Cl7jW?$4f1 /0011ol, joy ►aS� /u' ; 49. Lack of right of access to and from the land. Affects Parcels-2, ', '', 5Q -b " a s- 50. Water rights, claims or title to water in or under said land, whether or not shown by the public records. 51. Any defect in title or claim of defect arising from Kern County superior Court Case No. S-1 500-PB- 5 7626 or from the assertion that the Trustee of the Rudnick Estates Trust had no authority to sell the property described herein or from the failure to disclose the sale of said land from ReNu Resources, LLC, a Delaware limited liability company, to the City of Vernon, to the Rudnick Estates Trust and j the court mentioned above. 52. Any fact, rights, interest, or claims which are not shown by the public records but which could be ascertained by an inspection of the land which may be asserted by persons in possession thereof. I i 53. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 54. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof. i THE FOLLOWING EXCEPTIONS AFFECTS PARCELS AS NOTED: 56. Terms and conditions of an option agreement, as disclosed by a MEMORANDUM OF OPTION, dated as of October __, 2008, by and between ReNu Resources, LLC, a Delaware limited liability company and the CITY OF VERNON, a California chartered city, recorded October __, 2008, as Instrument No. , of Official Records. Affects Parcels 79-113. 57 58 59. Terms and conditions of a non-exclusive easement for access and the use of electrical powe along with rights incidental thereto, pursuant to a TRANSMISSION EASEMENT, dated as File No ; 134642 0015CG � The matters contained in a MEMORANDUM OF PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS, dated as of October __,, 2008, by and between the CITY OF VERNON, a California chartered city, and ReNu RESOURCES, LLC, a Delaware limited liability company. Affects Parcels I thru 56 Terms and conditions of a non-exclusive easement V access�a�an-urwo�able, n�x�>»�ive li I is@ fff -woes, along with rights incidental thereto, pursuant to an ACCESS EASEMENT AND LICENSE AGREEMENT, dated as of October _, 2008, by ReNu RESOURCES LLC, a Delaware limited liability company, to the CITY OF VERNON, a California chartered city, recorded Octobe _, 2008, as Instrument No. , of Official Records. Affects all parcels. [Document No. 19021331 in U,�P of 27 5 �J r 4� � October 2008, by ReNu RESOURCES LLC, a Delaware limited liability company, to the CITY f OF VERNON, a California chartered city, recorded October _, 2008, as Instrument p% No. , of Official Records. Affects Parcels 1 thru 56 and Parcels 57 thru 72. [Document No. 1901486] a 60. A non-exclusive easement. or access and an irrevocable, non-exclusive license for access along G� Y��c a/Y with rights incidental thereto, pursuant to an ACCESS EASEMENT AND LICENSE t T(I';. AGREEMENT, dated as of October 2008, by the CITY OF VERNON, a California chartered l"� city, to ReNu RESOURCES LLC, a Delaware limited liability company, recorded October _, 2008, as Instrument No. of Official Records. Affects all Parcels. [Document No.� 1902192] 61. A non-exclusive easement(for access and the use of electrical power. Ines, alon fthp�� incidental thereto, pursuant to a TRANSMISSION EASMENT, dated as of October _, 2008, byCITY OF VERNON, a California chartered city, to ReNu RESOURCES LLC, a Delaware limitliability company, recorded October _, 2008, as Instrument No. , of OfficiaRecords. Affects all parcels. [Document No. 190218,! Y This is a `Pro Forma policy', along with the endorsements, if any, attached thereto. It is not a policy of title. insurance and does not reflect the present condition of title. No liability is assumed hereby. This Pro Forma policy is furnished to the proposed insured only. This Pro Forma policy indicates only the kind of coverage the Company would expect to issue if all necessary documentation is furnished and all acts performed to the satisfaction of the Company for a title insurance product to be issued in this form. Any existing defects, ncumbrances or other matters not released or otherwise eliminated to the satisfaction of the Company. Any defects, liens, encumbrances or other matters which a ' cur or are disclosed the Company between the date of the preparation of this Pro Forma and issuance o icy of title insurance. This Pro Forma policy is for information only and is not a commitment to insure or statement o ems` FileNo.: )34642 stevvca�"t 0015CG L,02U—�yoonvuw Page 27 of 27 ENDORSEMENT ATTACHED To POLICY NO. PROFORMA ISSUED BY �I FStewart. title guaranty company Xy' HEREIN CALLED THE COMPANY Order No.: 1452-134642 Fee: To be deternvnedQ •;�� ��. Endorsement Number: E-9936-Proforma � Contiguity 116.4 modified 0 U001 \� The Company insures a ainst loss or damage sustain d by the Insured b eason of: The failure of Parce s 191,102,103 and 106 to b contiguous; he Failure of Parcels 80 and 81 to be contiguous; ,3-and -1-09-to-be- ntigueus• be, eentigueus; y the fail a of Parcels 5 and for be co ous; the failure of Parcels 1 ,16,11,18,19,20,21,2 ,2 ,2 26,271, A,2V,3�0,4�,�,52,Xi,5 1,89 and 90 to be contiguous; the failure f,191 6f,6< and 60" to be contiguous; the failure of Parcels 31,33,34,3�,36,31 014 ,41;54, an 5 to be contigyous; the failure of Parcels 44,45A,6,7 and 9'to be contiguous; the fSi df o arce s 5,16 21,23, 48, and 56 to be contiguous. OR the prese a of any gaps, strips, or gores separating the contiguous boundary line described above. 3S This endorsement does not insure against discrepancies, conflicts in undary lines, shortage in area, encroachments, or any other facts which a correct survey would disclos , and which are not shown by the public records. Dated: In witness whereof, Stewart Title Guaranty Company has caused is policy to be signed and sealed by l its duly authorized officers as of Date of Policy shown in Schedul, A. u l Countersigned by: ��7��iYYGd t Senior Chairman oft a Board tltie guaranty company Authorized Countersignature Stewart Title of California, Inc. d?x Chairman of the Board President ENDORSEMENT ATrACIiED TO POLICY No. PROFORMA i IssuED BY Stewart. title guaranty company HEREIN CALLED THE COMPANY I Order No.: 1452-134642 Fee: To be determined Endorsement Number: E-9936-Proforma Comprehensive 100.2.2/9.4 The company insures against loss or damage sustained by the Insured by reason of: 1. The existence, at Date of Policy, of any of the following unless expressly excepted in Schedule B: (a) Present violations on the Land of any enforceable covenants, conditions or restrictions, (b) Any instrument referred to in Schedule B as containing covenants, conditions or restrictions on the Land that, in addition, (i) establishes an easement on the Land: (ii) for an option to purchase, a right of first refusal, or the prior approval of a future purchaser or occupant; (iii) provides for a right of reentry, possibility of reverter, or right of forfeiture because of violations on the Land of any enforceable covenants, conditions, or restrictions. (c) Any notice of violation of covenants, conditions, or restrictions relating to environmental protection recorded or filed in the Public Records. Wherever in this endorsement the words "covenants, conditions, or restrictions" appear, they do not include the terms, covenants, conditions or limitations contained in an instrument creating a lease As used in paragraphs L(a), the words "covenants, conditions, or restrictions" do not include any covenants, conditions or restrictions (a) relating to obligations of any type to perform maintenance, repair, or remediation on the Land, or (b) pertaining to environmental protection of any kind or nature, including hazardous or toxic matters, conditions, or substances, except to the extent that a notice of a violation or alleged violation affecting the Land has been recorded or file in the Public Records at Date of Policy and is not excepted in Schedule B. Dated: To Be Determined In witness whereof, Stewart Title Guaranty Company has caused this policy to be signed and sealed by its duly authorized officers as of Date of Policy shown in Schedule A. Countersigned by: stewart`� Senior Chairman oft a Board title guaranty company 0-1 Authorized Countersignature Stewart Title of California, Inc. Chairman of the Board President N OD a N 3 I m N — 00 c� z u' A O `d n z 7C O M T zr !p !W Nofe 1 7n)a —0 6 for da»amam oorpataa oAy. 11 I 1w1 Iv ba toMlrwd va palrayfvp Inaf m"rahip or d!v1t1on of land fat ipurporn d rvrJna ar wbdlvlalao Iw. i :iapa0 �. / T;o T 06ed / £000-£STO :abed•)iOog / uie)l / zil :uoi;d[JDSDG S)IJOMBIIll 6n W W a i 0 co aapio / T 3o T e4ed / SOOO-£STO e06ed•4009 / ujaH / zll :uol;dlaasaa s)jjoMapl1 0 a � 4 V � � 1 b rFj Wo •C.D A n W O z D . (r q w a A In I M) 4 O (11 N.17: thl. Yp 1. lot w.n.w.nr pp�1rrpppp... 1. -IV.11 w 1. b..oru4wd .. p.rir.ytrp f.pgl orn.r.nip s dl,hl.m of l"d far tow. putpw.. of gonind ar pbdl.i.l.n I :Japjo / T;o T abed / LOOO-ES-90 :eBed•31008 / ujeH / zll :uo!;dljasou SKjoMal3!1 O N m W 0 Ps— o m I a a �g= -- 4— &— y (D N F. C�� r 0roll C g. O O Q ;-aF � gi���.� CL i • m O a 0-0 � 2 A ;a 2j^^, N w N m cn N Q I W W I (.r W J � Wp O N I ~ �p v J I b I 11 1 O J y � M j5 N is c07/ 0 O. O 0 �g r g 1 CD I8 ID 8 3 zi l< 9 s,o a= @, E S, n rL Sr RQ. to Z qa P rr$9�y �� Qg �e Lti one a- 0 :aapao Z;o j abed / 8000-£Si0 :abed•Noog / uja)l / zi-I :uoi;dlaosea s3taomsau 0 Ln I 0 m A W/yD S J N N N IJ I I �I i I � � I N ®i w NN O o',I QI ^ �o a -am p s y E? a� �z a e4w5 A j•nir • �Yi 8r O a N r n0 OM C � Z O b Z MO :'Iapjp / t;o T a6ed / 6000-ESTO :GBed•3toog / uJa) / z!-1 :uoild!aosaa S)IaoMSII!1 I O � 0 4 QD a� b p F n O p V Q a 1 np �p V a l ` 1 .1I ap rJ � A �r I l g ( SQ m m 3 3 +M ° r* 2 �9CD 12, CLOT O O 1_ �p f� CD Z SI O V O sj su O :aapa0 / T40 T 06ed / OT00-£910 :eBed•11009 / uaa)l / zil :uol;dpaSaa opoMai;l., 0 w NO N A D TTTT� O GO I 00 li �P tip A n 1 "1 l � A O � F f I � I J C N ti Ali.J W U m � co U N w ID 0 a'SIR c M CD . CL DOQ� �CDL. � � F CL o v 0� a4oe o �E- �s i :iapio / T;o T QBed / TT00-£STO :06ed')I009 / uia)l / z17 :uol;dli3sea sAaoMOIIII N O w q N �np W r 0 R 0 m s 0 0 r i y w � I m o '� � D a (n N N �O O� zN z �3 a o-0 q z x 0 m z �+ :.Iapjo / T )o T aged / ZTOO-£STO :915ed•Noo8 / WON / zj-j mol;dpasaa s)IjoMall!.L r 00 W A N I N A -F1 ti m Os Npp N N N A V 0 $ - P N � N oQ ti A I, rin � a � 8 �lp s w iIN Noll 1 Tht� loop to tar oa�ownenl pwpe�o� oN�. It to nd to Ya eonHruod ad porrva�rinp l�pd PvanMip ar dHialon� al land for purpaa� of �oNny a• wYdtviilan Ime. w UU m W 7* 8 '4Y g9. tn aoo n CL rr w Q C CL z � R 80 ?t�`1�G 0 ap m N - 00 3 O- �2 O � :0 U Z iw Nolni Thla nNP la for WaafNaYl pwpPHa only, II to not le a I" d Pa1rdYlnP Ipol ewnafohiP orr {hiasaM al land for prpwaf of :o1dM a uidriolon la.. i mapip I / i 19 1 abed / Ei00-£5t0 :aged•„Qog / uJaN / zll :uol;dljosaa s3liomal;ll O N w W W - : m. I ol" 'm i 0) I N O O W Na I— ��I r I m" N i b � 1 N w N 0It . 0 �- W Q n N b En N OD Cr N z �3 b O-0 nz. x 0 ;a I(h z ;W �a�1 Noto: 7Th mop io tpr m�ep�monl pw�p O "g.ju b nod io Op c .1ofts ov d royinp i�pol e�nvnMp or dWi�lenp al Ivnd for pWpem o/ ipMnO v �nDdlvblan k�. :iapaa / T;o T 95ed / VTOO-£STO :08ed•H009 / uaax / x!l :col ilp3sea s)ljoMal3!1 NA A b � I i t I II I �P I � I Ia II tm N v I I 11II I � I O) . I V41 � 1 r w � — �! --4 n t— I I �N w_ c I Fn 3 CD g C n C � as a ID��rt o y� ro 0 0 a.- — m5: a•o Q 0i s� i :aapio / t,dG T abed / ST00-£STO :06ed'H009 / UJUM / z!-1 mopdposaQ s3poMal;fy o ap �p ry w �- I Dn. 00i0 Mop N m N D . 00 c : IZN a o `0 �z I �o m z o I-' !(n Nola: Tbla AaO IafW maeavnanl pnpnea o.Iy. It Is nvt to x eonatrwd ea yplroyhq N { 140e1 ornaraMD a dirlatona o} land fee porpoua of snnln0 a aWdirtalen Iew . °p u 0 x 0 0 r I p� O 0 N m cn 00 G N z 0-0 0 j i NOt.: Th4 wop 1. tar oM■vT■.t Wrre,■. O INN auy, rr 1, na fe b. coaNwd a pwlrg4q 1■pol .wn■rsHp er divlst.na of knd ter F purpo■sr or 1dMna ar wbdlvLten rerr. :aapip / T 10 T aged / 9TOO-E5T0 :abed•)Ioog / uja)l / zll moladpasa(i s)laoMallll A I r pN� I I R V" qA l w I 0) N A w 0) rn W g :Japjo / 1 ;o t abed / Li00-ESTO :06ed')1009 / ujaN / zi-I :uopdmosaa "joMaiau U �i6 3� o MR Q �• 7 o 5 5* V A- Z) om?' p I N o� Co o � 1 ) x o 0 r (0 I _ N a 00 C")En c � b D O "^ z I x .O I m( La tbt�: This mbp is Tar mP�mrnt purPP�Pr Q u i e I nly. II 4 no1 b ba ConTlrw� a pplroylnp � -'� iv Ipol a+rnPr�NP or dlriNPin of IanO Ta purpoNP o1 xoninD v abBrl�bn IPM. :1ap.10 c0 / 17o T.e6ed / 8T00-£STO :e6ed'31008 / uaa)l / a1-I :uol;dljDsaQ s)f.ioMa13!1 y : A �(Dcd - oo: w olm �<a - O <oN9� OD PC 0 0)ri = U� CL O. AAi it: I dNl W- � P NAI 4WIf NNI u_ y�W p� ,60 Sil B_ ------------ v L _U) ' n 0 o N r rn (1} I p a tp a Q --- a — — to I z xv p z m I� i :.3ap.ip 110 T 96ed / 4t00-£STO :a6ed•joog / ujaH / z!l :uapd!a5sad sKJoMaR!1 I Ibn D AA n I I A m-- --- -------J-----I----- ---- �' o — - --- df41 7 '� ID CD �$ 0 a a � of d n yNl wN NAUI NA O AN1 Na N— N-I N no v a v t-- fVp •Qu. Ayl UN Pyl sol QJS r'1 1 a O ' N la ! 1 . �� • � � �N � Oul u. IA °p p �A!�p Via► o � 46 rr aa NV! N ! W � a o z ! _ xorrl u N �] $ 1 ;ilf ZD • 4 1 Noll TNt mep ip for oteNNatnf WDwrppeewt Dolt 11 It na fo Ca tpmrrwd os ponlraylq �) t�1 If00t ertnnMlD w dirillont of laid for Wrpatf of ienlM or tuodivition ler.. m. = CD i dfl c (-1 `� c -cv N_ G CD �AI - 0An .+O'O QG p CF w o C A A a CL . •MR9; 2' m CL co Z o aaa :.dapip / T;o T a6ed / 6T00-T8T0 :35ed'31009 / uJa)l / xll mopoliasaa s)IaoM01311 T. 30S R.35 1/2 `a O4 - ANI Py N p I I 'p m g- w p A A I y � m afill 0 o ZNco a op O � a '►7 Z xO m27 - Nola; 7n1. ■ap I. Its a....lrnrnt Oarpa... m t 1 oMy. It is.1 to b. oon.tr".d a. patraylnp l.aal womrMlp or dtrht.nl of land ter of »Nna a..bdlN.loo I". iparpwn Z 0 --i -n w o- ` I J N op n Fri I f 0 �. .f 0 A � m to M1 5. a ro 9. �//�� 3 Z �� BBB boo mCD lD M y N o mc d � ; � p- C maa o , ?�gw :Iapjp / T Jo T abed / 8000-78T0 :015ed•3100e / WON / zl-1 :uol;dljasa(l s)Ia0Ma1�11 -D -I I q OW no HO WX Q• 0 W J W' rn N fn ro Q OD :japap PC 10.1 egad / Z000-TST0 :a8ad•)lo09 / uaa)l / zll :uo!;d!jasap s)ijoMa13!1 T.30S..R.361/ E.Ull It �Af ,DEW.NI `I n� N i' Y AfJI 0 O �- � f I I W9 �- � � •��% ✓'��! lid, NI II Z , o N 9.I rn 0'���_ 0— 0,:" m CD ro�Qc 0 o� M U) nN 00 C M z O z 7C 0 m; z O S I � j m ! O N I :Jap.ip / t JOT aged / Z000-Zb40 :9eed'>1009 / wo)l / zil :uol;dljosaa s>IaOMaRl1 I O A oul orwpL�rR0 roCDW o m 0 O. _ �. 1�Q-f- _ T--����-- -om cz I a I gN .� CL z a o ` "TI°� d I g -i �Il� N D µ I N '� S i v .. 1I • 4 — n yAA� �r rp f I � to A a , �� u r tNn I v OO I lI D N Z. N 3 q ap O tl 0 o� -n o , n �- m: 2114. 11.I01 Tni• nwp Is f« o.s..want Wroo•.. ony II I. n.1 o W eaw.lru.a u p•r tr.�Lp - ti o IN Q O —�- I.p.i wn.raai0 « tlwf.len. rA Ions f« pprpeu. of aobnp « wbtllvbfen lar. Q 0 g* n O p 9. N m 7 p C! C, c� � ����yq �3�ff Ct O �s,'S�r) CD 1D f9 W 61� u � i CCD 3� m =3 C Opp-+ � n C ro f]. Q Y•r ro CL 0 Not.; Thl• ndy I. for mmponM pv.yo�o It. If h W le he meetmed of porboyllp Ieyo1 --hip or dfvldeno of lead for purpnn of aomind w WOdlvlrldn low. :japjp / Z Jo t aBed / ZOOO-Z"O :95ed')1008 / uaa)l / zI-1 wopdpasaQ mpoN►alill A A N J I O cn �P O A rri � I N` I w r i v 0 op I ,o � W u N O N 0 =►0ila�- ' r n n 1w `aoo?n o�u �*ni p 0 m w O O p 0-3'ci �aN' m Z a rn d 9� I :aapa0 / T;o Z a6ed / €OOO-ZVt'O :a5ed')1009 / uIa) / zl, :uoi;d!josaa sHJoMaRl-L i A O N I I 2� i p I � � I I, I I I a p i u► I a I a I � I N e n I n t� p A r- 1 0 w rn 011 078 2 A '= §CD 2 k70= ao7 K } f� (�f$ F. CL-5 � ko i7a2 �\ JERK \zCL/ k°°■ :ago » � 2 � ■a ■ c■ ��& ■ :o . ;A :ao ZT@ TaBZVO m.ztO : sd'-4 _eZwaN Zz :_pdA_G n-jo «a! N . 1 m � O � I --A W O U) � W � m K i :japjp / T 10 1 aSed / TOOO-£bbO-GORd"iO09 / ujaH / zry :uopoljasaa s)aoMalm1 j Si T�J m m I ro 3 Q C � (p 1J ID C' to 0 p 0 tySD C_3k.• C 0- a a OW V1 rA Fs�� CIO CA C %N a i�� Z to „soy �*f a %o Z 7C O ' 9${ rm z :A a - kl:V IM :Iapjo / T;o T abed / £000-£bb0 :abed•)Ioog / uaaH / zl`I moildliosoa s)laoMaNll O o %sag G (-� a FtF ¢f acapp O -a 0 S '�-N". N� O- mmman �a M d � � C.1 ooQ.r.. �z Q �iv4! w 0 Ow N cmn 08 — 0M Cil a u 0 z 0 e m Lt, 1 Z iWt ! Not.; 7n1. m.v I. for of le .e pw.e.q It 1s nM is 6. evn.lru.d aspa"T.;.p lepol e.na.er dlvl.lons of l.ml for ior. iW ! parpou. al aeninp a whdlrLbn W. ^ x� rr :5 V Vj 0 N � t�fp�O ��mn► /. v o 4 � m 0 p1 ID OD3,�« � 3' CD a. m Z a. oo 51 �v O N n� O� En O -V z A M °� :0 i i mapip T;o T abed / i000-bbb0 :abed Moog / uaaH /zip :uoi;diaosap s>laoMal;U 1 �Xpa V o G a I I Jw np r' I a " GN I n P I 3` T. ON op a " I I J N Z �� Nols: Tpis Top Is for msgansnt pmpOtss (0 f only. 11 Is not to IN constrwd w pW lroytng iO lspol —rSMp W dlrlsfom of land rW purpaNs of 7onfnp W wsdtytsian law . i Qo CD -.(Dm a y �_2 �Oap... ai 'N m . CD cc z Q qal IM A m nN O� z N 3 a 0-0 �z x0 M -�- :�apap t Jo T abed / Z000-6bb0 :a6ed•Koou / ujaH / z!l :uogdljDsaQ sijjoMaNll A A A I W a pp 1 p PN' O— O� qp iDp� (yp N PplW v o U i m q l o 0 ti bpi �w J I N w �p P - W f pl 4p n I a A � N P Oe W >o _ n I� ly Now TNs Tot ie fp prMt11N11( PrOeNe (N enh It ew1( nct N M con�hwd ae Palrayfn0 IedW n�nMp a dlrlaie�u W Ipnd (pr i Durpp��e of �pNnd s supolN�lon law. i W 0 U) Lh 1'( cr .0 V1 N m f01 O 30gv aoo� o/� ,aOn0O W n 6 V Co @ p OOO.� m a n, CL m zoo. 90 0 D N cn En 00 OM C En Z a 070 "n z x 0 m iA M I uapip / T;o I abed / $000-tibtb0 :06ed•31008 / uia)l / z!l :uol;di.lasad smoMaimi I, I n �p p i q n I zl-PL o I tole: rela .04 la ror oun.dene w.ee�ea J.g t II la not o ee c1.14.4 o o. d lroylrq {� Igol ornenMP a e'nlaiene of Ientl ter pwaeeel of �onlna a euMvl�lon Ww. A A A 6W w 0 0W LP P, :japjO j;0 j eBed / 5000-bhbO :a6ed•)1009 / UJQ)l / zll :uol;dij3sa(1 s)IJOM0R11 Urn ur CD y (n C) 15 !o 0, a- S o 6(an0 OM/ CD o� aLlj' 0 a' 0 CD z-C. O F.3 a u�i 9 A A 0 0 to 0 O O r D to ti ti A A z 10, .Q�NpvYopIlepl0: 1w0T�nhlhDa•I ahlWnplinai�s C(dnI vpannuWnenlel nd rfar ON — U suWv.loIOM • . I 1 � Ap � I � 1 1 1 a op a a n P I V q � n I a i uspio f / T. Jo L abed / VO00-17V4,0 :85ed•4009 / uaaH / zi-I :uoi;dljosad sAJoMa1;il A A A N � m O ppp�� Q C h p lfii , O S F� 6 n p 0 0 r _o m = �' o a oCL^ s 0 CL - J ��m CD Z ? Q. @ O � o7r Q 7 W:J� E a En N C) N 00 C::N z 43 a 0� 'n z 0 r �l0'' ICI A�- +� NW jrhl Nl .... •O h_ pAl NW �i O_ w a a —T ° a s� I r1 ry I p� z ;:A i I Nola: Thla reo� is far wanunant pur^eaaa � pelt, 11 b not W W conahwd ca porllayFq {� .. pioapw� ofamNne adfaw�eavii on'ie � :aapap / T 40 T abed / 9000-bbDO :96ed•4008 / uje){ / z!l :uojjdljasaa s)jjoMal4!1 cr g o m — o 'a o S pia •<10 mrn �* C 0 0 N� u. 3 4 = n C,cl Nroa� m a Q, N (D` ff pjp U pp 1 S 0> CL,mx cn ON 00 c� z� �3 0-u MZ x 0 � l� Z i We TM. MP i. ref �iD.il..=,. .lI 'PWPM.1 eel,I1, *la., .ea Mwk.rlp j.� vAlrhe- g.oim OU. Mbdlrlfi.n l.r. �AI wM NWWI I p P 7II W.. P I ppA i A I (NNw— nN1 A vpg a m oq� ` �p o m � I t n � " O opa ym �•� mq Q 53F irr+� M oELF, o N �J C) CL Odp. .+ main? mz 0y x.: NlO i' -S N (DD :uapjo / T JO T abed / 1000-fybb0 :35edr31000 / uraN / zh :uoIldposaQ s)IJOMaill.L "m \J i f °w N i W ++++ I O r —T 1 I a �a pV' N� WG I b W I I 71 IN OOOL 0 U) �UI OO 1 �O JI JtJ I �- o b O m m� p _ a 1 I IMIa: ThL mov b la wannrnol purvaNa- only. 11 le not Id D� eonalrud w Dalraylnq 10 l�Wl ornashly a divlatvm vl Ivnd Fes] purpONaol yvnlnq a wbdlvbion ler_ �M- W n x, 0 0 r 1a A I,` El, aoq?s o�� wo 0 mro cA O CL 0in q .� :a, Q Z3 Q m z a m 0 0 � p wTQ y :iapjp / T j0 T. abed / 9000-ti4b0 :96ed'31000 / WON / zi-I mogdposaa smloMal;[1 I O A A W I 8 I W I I � N I I' � I W p I I I a III V I N . I I a ap I I W n I a I I N W 0 0 rn NOIf : illfa we0 i. ror OMtNinlel P11lpefee O A only. II 6 nM M W Cenfnuftl a. yatraylrq p OD 11901 7.n.rMl/ a Abiffenf o/ low-fu � W pppofff of eoMp n fvldfNflen lor, . j wapio / I jo = abed / 6000-Vtt O :86ed'K009 / Wa)l / z[l :uopdposad s„joMal4l1 r U . Ee p A O co N C1 S O O r a p � A co m-9. ND j p—j `% W � o CL oQT a O. (D Z Q. 0 O N cn Ci O O� cCA a 0 z xo m! w I.lb, z i,�. :iapjp / T ;o T. abed / OT00-"tpO :05ed•4009 / uaa)l / al -I :aoi;di.losea sijoMaau OGu a A a DA N� U. INtNNI P g N I V P_ o g b � N N � � K� I q ap a 1 n I q a� n I_ � i � w 1 � 6 i ryp ! t� O i— Net. t TM. meD t. IR mN.�.N W ow• �O odT. a t. twt t. a conp.Y.a o. P..Pr.�tnq t.q.l ewnuWp or �Ir1Aon. a LM iR '-DYrpw.Y Ot LNoy R.Yb01YLL11 IwY. w 0 m La n S 0 O r v_ a A Lol cr g 17i'm�oi cam � EC n! + 2 - a ,' a$o Do r* cr m o co a w m iodate ID -x� IN 4 :japip / j;o i 06ed / Zi00-tifib0 :36ed•)1009 / WON / zl'l wol;diaasea S)p0Maj;!j o N A A I O I � m b� 1 op i o� o q W till,^ L ' rn :u rbiti t it meplt fw watttmtel POrD01tt Only1 It it � ht le be Oomlrwd at p 1 , I.DaI m ship w d1Y1ti011t Of Iend 1e1f �_ purpern al tOMnp ar wbdlYltlOn IDw. :.iapjo / T Jo T 96ed / ZTOO-tibti0 :06ed'4008 / uaax / z!-1 :uo!adlaasaa s)laoMall!1 0 �n ^� yyyyy,. yy yy A `C O •P+�I y4l �Ny N1 V` tj I � � �— G.00� as romcn c . � o0CLEf =rQ0.� mz a 0ON ch cn 9 o M I q III $p z to 3 O x0 M f� Nalol Thls fer eYwxiwnl pWpewr oMy. 11 !r nel to M conrlyw0 M pglrayl/q Ipal p�mownlp or Airlftom of IoM }or purporw of =oMnO or wedlrt.tno lo.. EXHIBIT C Option Proforma [see attached] LA\1903662.3 I ALTA Owner's Policy (6-17-06) POLICY OF TITLE INSURANCE ISSUED BY -stewaft titleguaranty company Any notice of claim and any other notice or statement in writing required to be given 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, STEWART TITLE GUARANTY COMPANY, a Texas 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 be 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 Impersonatlon; (II) failure of any person or Entity to have authorized a transfer or conveyance; (lit) 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 (A) a document not properly filed, recorded, or Indexed In the Public Records Including failure to perform those acts by electronic means authorized bylaw, or (vii) a defective Judicial or administrative proceeding. (b) The Ilen of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, butunpaid, (c) Any encroachment, encumbrance, violation, variatlon,,or adverse cirrumstance 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 violatlon 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, cilmenslons, 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. 8. 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. PROFORMA Stewart Title of California, fnc. Stewart Title of California, Inc. File No.: 134950 PROFORMA Patio Polley saw No. 0-9301- If you want information about coverage or need asslatarM to resotm complaints, please call our tog free number. t-M-729-102. If you make a claim under your policy, you must furnish written notice in accordance with Section 3 of the Conditions. Visit our Word -Wide Web site at htloJAwimstewart.00m 0015CG �stewart Page 1 of 14 EXHIBiT C .. COVERED RISKS (Continued) 9. Tolle being vested other than as stated in Schedule A or being defective (i) to be timely, or (a) as a result of the avoidance In whole or in part, or from°a court order (li) to impart notice of Its existence to a purchaser for value or to a providing an alternative remedy, of a transfer of all or any part of the Judgment or lien creditor. title to or any interest in the Land occurring prior to the transaction 10. Any defect in or Ilan or encumbrance on the Tide or other matter included vesting Title as shown in Schedule A because that prior transfer In Covered Risks 1 through 9 that has been created or attached or has constituted a fraudulent or preferential transfer under federal been filed or recorded in the Public Records subsequent to Date of Policy bankruptcy, state Insolvency, or similar creditors' rights taws; or and priorto the recording of the deed or other instrument of transfer in the (b) because the instrument of transfer vesting Title as shown in Public Records that vests Title as shown In Schedule A. Schedule A constitutes a preferential transfer under federal The Company also paythe costs, attorneys' fees, and expenses incurred in bankruptcy, state Insolvency, or similar creditors' rights laws by defense of any matterinsured against by this Policy, but only to the extent reason of the failure of its recording in the Pubic Records provided In the Conditions. 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 Q) the occupancy, use, or enjoyment of the Land; (11) the character, dimensions, or location of any improvement erected on the Land; (III) the subdivision of land; or Qv) environmental protection; 4. 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. 2. Rights of eminent domain. This Exclusion does not modify or limit the 5. coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse clalms, or other matters (a) created, suffered, assumed, or agreed to by the Insured Ctalmant (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 (a) resulting in loss or damage that would not have been sustained If the insured Claimant had paid value for the Title. Any claim, by reason of the operation of federal bankruptcy, state Insolvency, or slmllar creditors' rights laws, that the transaction vesting the Title as shown In Schedule A, is (a) a fraudulent conveyance or fraudulenttransfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. Any flan 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 10 and 11 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; (8) 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) it 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 0015CG Insured named in Schedule A for. estate planning purposes. (it) 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. "Insured Claimant": An Insured Gaining loss or damage. '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. "Land": The land described in Schedule A, and affixed improvements that by law constitute real property. The tern "Land" does not include any property beyond the lines of the area described In Schedule A, nor any right, title, intsresk 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. "Mortgage": Mortgage, deed of trust, trust deed, or other security Instrument, including one evidenced by electronic means authorized by law. "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. "TfUe": The estate or Interest described in Schedule A. "Unmarketable Title". Title affected by an alleged or apparent matter that would permit a prospective purchaser or lessee of the Tide 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. �stewart Page 2 of 14 CONDITIONS (Continued) 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 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 (1) an estate or Interest in the Land, or (if) an obligation secured by a purchase money Mortgage given to the Insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CIJUMANT 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, (it) 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 the Company may be liable by virtue of this policy, or (!if) 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, requlre 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 amountof 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 matter: 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. (c) Whenever the Company brings an action or.asaerts 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 Cl) in securing evidence, 0015CG obtaining witnesses, prosecuting or defending the action or proceeding, or affecting settlement, and (if) 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, wlth regard to the matter or matters requiring such cooperation. (b) The Company may reasonably requlre 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•malls, 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. 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 Cialmant. (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)(h) 'or (if), the Company's obligations to the Insured under this policy for the claimed lose or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. Fstewart Page 3 of 14 CONDITIONS (Continued) ;, DETERMINATION AND EXTENT OF LIABILITY This policy is a contract of indemnity against actual monetary toss 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 (1) 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, 0) the Amount of Insurance shag be increased by 10%, and (u) Me Insured Claimant shall have the right to have the loss or damage determined either as of the date the clash 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. 5. 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 lfigation, 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. 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 Companys 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 Tllle Insurance Arbitration Rules of the American Land Title Association (°Ruled. 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 Tale 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 0) modify any of the terms and provisions of the policy, (ii) modify any prior endorsement, (gi) extend the Date of Policya or (iv) increase the Amount of Insurance. 1s. 11. LIABILITY NONCUMULATIVE The Amount of Insurance shalt 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 it 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. v 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 subrogatod 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, altomeys' ;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 0015CG is. 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 shag remain In full force and affect CHOICE OF LAW; FORUM (a) Choice of Lau.. The Insured acknowledges the Company has underwritten the risks covered by this policy and determined the premium charged therefore in reliance upon the law affecting interests In teal 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. (c) 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. NOTICES, WHERE SENT Any notice of claim and any other notice or statement in writing required to be given to the Comparry under this policy must be given to the Company at Claims Department at P.O. Box 2029, Houston, TX77252-2029: L§t w,- Page 4 of 14 ALTA OWNER'S POLICY (6/17/06) SCHEDULE A File No.: 134950 Policy No.: 0-9301-(To Be Determined) Amount of Insurance: $8,750,000.00 Premium: To be determined Date of Policy: (To Be Determined) 1. Name of Insured: City of Vernon, a California chartered city 2. The estate or interest in the land that is encumbered by the Insured Mortgage is: A Fee 3. Title is vested in: ReNu Resources, LLC, a Delaware limited liability company 4. The Land referred to in this policy is described as follows: The land referred to herein is situated in the State of California County of Kern Unincorporated Area and described as follows: EASTERN SOLAR LAND Parcel 1: (APN 153-140-05) Section 9, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the unincorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 2: (APN: 153-140-07) The East half of Fractional Section 7, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel3: (APN: 153-140-08) The West half of Fractional Section 7, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the, Official Plat thereof. Parcel 4: (APN: 153-130-05) File No:: 134950 Stewart 0015CO r mrwrvac«wy Page 5 of 14 i Section 11, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 5: (APN: 153-150-02) The Northeast quarter, the East half of the Northwest quarter, the Northwest quarter of the Northwest quarter, the North half of the Southeast quarter, and the Southeast quarter of the Southeast quarter of Section 15, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 6: (APN: 153-150-04) Section 13, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kem, State of California, according to the Official Plat thereof. Parcel7: (APN: 153-160-02) Section 17, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 8: (APN: 153-160-06) The Northeast quarter, the Northeast quarter of the Southeast quarter, the Northeast quarter of the Northwest quarter, and Lots 1 and 2, of Fractional Section 19, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 9: (APN: 153-160-04) Section 21, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 10; (APN: 153-150-06) The East half of the East half, the Southwest quarter of the Southeast quarter, and the South half of the Southwest quarter, of Section 23, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 11: (APN: 153-170-03) Section 25, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kem, State of California, according to the Official Plat thereof. Parcel 12: (APN: 153-170-04) The Northwest quarter of the Northwest quarter, the East half of the Northwest quarter, the Northeast quarter, and the South half of Section 36, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Except all oil, gas, oil shale, coal, phosphate, sodium; gold, silver and all other mineral deposits contained in said land, and further reserving to the State of Califomia and persons authorized by the File No.: 134950 rstewar{ 1. 0015CG Page 6 of 14 State, the right to drill for and extract such deposits of oil and gas, or gas, and to prospect for, mine and remove such deposits of other minerals from said land and to occupy and use so much of the surface of said land as may be required therefor, upon compliance with the conditions and subject to the provisions and limitations of Chapter 5, Part I, Division 6 of the Public Resources Code, as reserved in Patent recorded June 10, 1958 in Book 2962, Page(s) 503 of Official Records. Parcel 13: (APN: 153-240-14) The Southwest quarter of Section 29, Township 29 South, Range 37 East,, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Except a strip of land 200 feet wide granted to the City of Los Angeles, by Deed recorded March 13, 1920 in Book 346, Page(s) 421 of Deeds. Also except that portion of said Southwest quarter, granted to the City of Los Angeles by Deed recorded September 20, 1973, in Book 4804, Page(s) 2459 of Official Records. Parcel 14: (APN: 153-240-12) Section 31, Township 29 South, Range 37 East,, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Except a strip of land 200 feet wide granted to the City of Los Angeles, by Deed recorded March 13, 1920, in Book 346, Page(s) 421 of Deeds. Also except that portion of said section, granted to the City of Los Angeles by Deed recorded, September 20, 1973 in Book 4804, Page(s) 2459 of Official Records. Parcel 15: (APN: 153-240-16) The South half of the Northwest quarter, the Southwest quarter of the Northeast quarter, the West half of the Southeast quarter, and the Southwest quarter, of Fractional Section 33, Township 29 South, Range 37 East, , Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Except a strip of land 250 feet wide granted to the City of Los Angeles, by Deed recorded September 20, 1973 in Book 4804, Page(s) 2456 of Official Records. Parcel 16: (APN: 181-020-02) Fractional Section 5, Township 30 South, Range 37 East,, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 17: (APN: 181-020-13) Fractional Section 9, Township 30 South, Range 37 East, , Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Except a strip of land 250 feet wide granted to the City of Los Angeles, by Deed recorded September 20, 1973 in Book 4804, Page(s) 2456 of Official Records. File No.: 134950 Stewart 0015CG �--� trba—t«'V" Page 7 of 14 Parcel 18: (APN 444-070-05) The North half, and the Southwest quarter of Fractional Section 1, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the unincorporated area, County of Kern, State of, California, according to the Official Plat thereof. WESTERN SOLAR LAND Parcel 19: (APN: 153-070-02) Lots 1 and 2 of the Northeast quarter, the East half of Lot 2 of the Northwest quarter, the North half of the Southeast quarter, and the Southeast quarter of the Southeast quarter, of Fractional Section 3, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 20: (APN: 153-070-03) The Southwest quarter of ractiional Section 3, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kem, State of California, according to the Official Plat thereof. Parcel 21: (APN: 153-070-07) Section 11, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kem, State of California, according to the Official Plat thereof. Parcel 22: (APN: 153-080-08) Lots 1 and 2 of the Northeast quarter, and the Southeast quarter of Fractional Section 5, Township 29 South, Range 35 East, Mount Diablo Base and -Meridian, in the un-incorporated area, County of Kem, State of California, according to the Official Plat thereof. Parcel 23: (APN: 153-080-02) Lots 1 and 2 of the Northwest quarter, and the Southwest quarter of Fractional Section 5, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 24: (APN: 153-080-05) The Southeast quarter of Section 8, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 25: (APN: 153-080-04) Section 9, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 26: (APN: 153-090-01) Section 15, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Y} File No:. 134950e,%�%G1 1 0015CG Page 8 of 14 / Parcel 27: (APN: 153-090-03) Section 13, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kem, State of California, according to the Official Plat thereof. Parcel 28: (APN: 153-100-03) Section 17, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 29: (APN: 153-100-10) Section 21, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 30: (APN: 153-090-05) Section 23, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 31: (APN: 153-110-03) Section 25, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 32 (APN: 153-110-01) Section 27, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 33: (APN: 153-120-02) Section 29, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel34: (APN: 153-120-04) The North half of the Northeast quarter, and the Northeast quarter of the Northwest quarter of Section 28, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 35: (APN: 153-120-07) The East half of the Northeast quarter, the 1�6rthwest quarter of the Northeast quarter, the East half of the Southeast quarter, and the West halff of Sectiozi 33, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kem, State of California, according to the Official Plat thereof. File No.: 134950 stewart 0015CG �a b ae�bow war Page 9 of 14 File No.: 134950 0015CG ALTA OWNER'S POLICY (6/17/06) File No.: 134950 SCHEDULE B Policy No: 0-9301 (To Be Determined) EXCEPTIONS FROM COVERAGE 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: A. Property taxes, which are a lien not yet due and payable, including any assessments collected with taxes, to be levied for the fiscal year 2008 - 2009 which are a lien not yet payable. B. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5 (commencing with Section 75) of the Revenue and Taxation Code of the State of California. THE FOLLOWING EXCEPTIONS AFFECT EASTERN SOLAR LAND 1. Any assessments levied or which maybe levied by Kem-Antelope Valley Water Storage District. 2. Right of the public in and to that portion of said property lying within the line of Butterbread Road (NO.515). Affects: Parcels: 2, 3,7 and 9. 3. An easement for the purpose shown below and rights incidental thereto as set forth in a document in favor of the public or the purpose of any lawfully established county roads, recorded December 29, 1932 in Book 271, Page(s)1,,of Deeds. No representation is made as to the present ownership of said easement. 4. An easement for the purpose shown below and rights incidental thereto as set forth in a document in favor of the City of Los Angeles for the purpose of construct, maintain, operate, reconstruct and repair pole lines and wires, recorded March 13, 1920 in Book 346, Page(s) 409, of Deeds, affects Parcel 13 and 14. 5. An easement for the purpose shown below and rights incidental thereto as set forth in a document in favor of Department of Water and Power for the City of Los Angeles for the purpose of electric transmission lines, together with right of ingress to said right of way across said adjoining lands of grantor from pubic highway most convenient to said right of way and right of egress from said right of way to such highway across said adjoining lands of grantor over and along any road now existing or if none, then over the most direct and practical route grantee may select, recorded December 1, 1950 in Book 1749, Page (s)'556, of Official Records, affects Parcel 15 and 17. 6. An easement for the purpose shown below and rights incidental thereto as set forth in document in favor of the City of Los Angeles, a municipal corporation for the purpose of support, slope purposes and for cutting and filling recorded September 20, 1973 in Book 4804, Page (s) 2459, of Official Records, affects Parcel 14. No representation is made as to the present ownership of said easement. File No,: 134050 Fstewwt ool5CG�Y<«^ Page I of 14 U • -, �-,.,.....,.�.e��'-ent3t' a��-z*."saner-warn-ef-Purchase-Ag�¢r�ient'=dated-------- - i, February 4, 2008, by and between Rudnick Estates Trust, Oscar Rudnick, trustee and CIM Group Acquisitions, LLC., a California Limited liability Company upon the terms therein provided maQ g Tnstr ,m .n /File No. 0208022886 of-=cial Records. i i Affects: All Parcels. i 8. Any defect in title or claim of defect arising from Kern County superior Court Case No. 5-1500-PB- 57626 or from the assertion that the Trustee of the Rudnick Estates Trust had no authority to sell the property described herein or from the failure to disclose the sale of said land from ReNu Resources, LLC, a Delaware limited liability company, to the City of Vernon, to the Rudnick Estates Trust and the court mentioned above. 9. Lack of a right of access to and from the land. Affects Parcels 1,4,5,6,8,10,11,12,13,14,15,16,17 and 18. 10. Water rights, claims or title to water in or under said land, whether or not shown by the public records. I 11. Any fact, rights, interest, or claims which are not shown by the public records but which could be ascertained by an inspection of the land which may be asserted by persons in possession thereof. 12. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 13. Unpatented mining claims. THE FOLLOWING EXCEPTIONS AFFECT WESTERN SOLAR LAND: 14. Right of the public in and to that portion of said property lying within the line of Butterbread Road (No. 515), affects Parcel , , 19, and Jawbone Canyon Road No. 938, as it now exits, Affects Parcels 31,32, and 35. 15. An easement for the purpose shown below and rights. incidental thereto as set forth in a document in favor of the public for the purpose of any lawfully established county roads, recorded December 29, 1932, in Book 271, Page(s) 1, of Deeds. No representation is made as to the present ownership of said easement. 16. An easement for the purpose shown below and rights incidental thereto as set forth in a document in favor of George Albert Burke and Thomas. Edward Burke for the purpose ,of private access, recorded May 9, 1994 in Book 7031, Page(s) 2021 of Official Records, affects Parcels 27 and 28. , RudnickEstates Trust, Oscar Rudnick, Trustee and CIM Group �February qns, LLC., a California Limited 1a on the terms therein provided 1, p �� recorded February 14, 2008, as Instrument/File No. 0208022886 of O icia is said XD 18. Lack of right of access to and from the land. Affects Parcels 20,21,22,23,24,25,26,27,28,29,30,331 and 34. File No.: 134950 � eWGar L 0015CG Page f-14 i i 19. Water rights, claims or title to water in or under said land, whether or not shown by the public records. 20. Any defect in title or claim of defect arising from Kern County superior Court Case No. S-1500-PB- 57626 or from the assertion that the Trustee of the Rudnick Estates Trust had no authority to sell the property described herein or from the failure to disclose the sale of said land from ReNu Resources, LLC, a Delaware limited liability company, to the City of Vernon, to the Rudnick Estates Trust and the court mentioned above. 21. Any fact, rights, interest, or claims which are not shown by the public records but which could be ascertained by an inspection of the land which may be asserted by persons in possession thereof. 22. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 23. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof. a THE FOLLOWING EXCEPTIONS AFFECT EASTERN AND WESTERN SOLAR LAND-, 25. Terms and conditions of an option agreement, as disclosed by a MEMORANDUM OF OPTION, dated as of October _, 2008, by and between ReNu RESOURCES, LLC, a Delaware limited o� liability company and the CITY OF VERNON, a California chartered city, recorded October 2008, as Instrument No. , of Official Records. 26. A non-exclusive easement for access , along with rights incidental thereto, pursuant to an ACCESS EASEMENT AND LICENSE AGREEMENT, dated as of October _, 2008, by ReNu RESOURCES LLC, a Delaware limited liability company, to the CITY OF VERNON, a California chartered city, recorded October 2008, as Instrument No. , of Official Records. Affects Eastern and Western Solar land and other land. [Document No. 1902133] 27. A non-exclusive easement(for access and an irrevocable, non-exclusive license for acces , along with rights incidental thereto, pursuant to an ACCESS EASEMENT AND LICENSE AGREEMENT, dated as of October _, 2008, by the CITY OF VERNON, a California chartered city, to ReNu RESOURCES LLC, a Delaware limited liability company, recorded October as Instrument No. , of Official Records. Affects Eastern and Western Solar land and r .� other land. [Document No. 1902192] u0 28. A non-exclusive. easement for access and the use of electrical powe ,lines a ong w1 rights c- incidental thereto, pursuant to a TRANSMISSION EASEMENT, dated as of October_, 2008, by the CITY OF VERNON, a California chartered city, to ReNu RESOURCES LLC, a Delaware limited liability company, recorded October 2008, as Instrument No. , of Official Records. Affects Eastern and Western Solar Land and other land. [Document No. 1902182] " This is a `Pro Forma policy', along with the endorsements, if any, attached thereto. It is not a policy of title insurance and does not reflect the present condition of title. No liability is assumed hereby. This % File No.: 134950 ge,Wrdt.t OOlSCG l uavg,�e ty—p-V Page 13 of 14 Pro Forma policy is furnished to the proposed insured only. This Pro Forma policy indicates only the kind of coverage the Company would expect to issue if all necessary documentation is furnished and all acts performed to the satisfaction of the Company for a title insurance product to be issued in this form. in 2AdWam to ywill Any existing de e , ` s encumbrances or other matters not released or otherwise eliminated to the satisfaction of the Company. Any defects, liens, encumbrances or other matters whic a cur or are disclosed the Company between the date of the preparation of this Pro Forma and issuance o an of title insurance. This Pro Forma policy is for information only and is not a commitment to insure or statement of t e condition of title, and ri(Lhahlhh' i� accnmPd-j�ieh---- ---- } FileNo.: 134950 LSL( WWv r1 mw p+rerxv co�.wm+r i 0015CG Page 14 of 14 I ENDORSEMENT ATTACBED TO PoLicy No. PROFORMA Issum BY stewart. title guaranty company HEREIN CALLED THE COMPANY Order No.: 1452-134950 Fee: To be determined Endorsement Number: E-9936-Proforma Comprehensive 100.2.2/9.4 The company insures against loss or damage sustained by the Insured by reason of: 1. The existence, at Date of Policy, of any of the following unless expressly excepted in Schedule B: (a) Present violations on the Land of any enforceable covenants, conditions or restrictions, (b) Any instrument referred to in Schedule B as containing covenants, conditions or restrictions on the Land that, in addition, (i) establishes an easement on the Land: (ii) for an option to purchase, a right of first refusal, or the prior approval of a future purchaser or occupant; (iii) provides for a right of reentry, possibility of reverter, or right of forfeiture because of violations on the Land of any enforceable covenants, conditions, or restrictions. (c) Any notice of violation of covenants, conditions, or restrictions relating to environmental protection recorded or filed in the Public Records. Wherever in this endorsement the words `covenants, conditions, or restrictions" appear, they do not include the terms, covenants, conditions or limitations contained in an instrument creating a lease As used in paragraphs 1.(a), the words "covenants, conditions, or restrictions" do not include any covenants, conditions or restrictions (a) relating to obligations of any type to perform maintenance, repair, or remediation on the Land, or (b) pertaining to environmental protection of any kind or nature, including hazardous or toxic matters, conditions, or substances, except to the extent that a notice of a violation or alleged violation affecting the Land has been recorded or file in the Public Records at Date of Policy and is not excepted in Schedule B. Dated: To Be Determined In witness whereof, Stewart Title Guaranty Company has caused this policy to be signed and sealed by its duly authorized officers as of Date of Policy shown in Schedule A. Countersigned by: F-SteWCOVt Senior Chairman of 6e Board bile guaranty company Authorized Countersignature Stewart Tide of California, Inc. Chairma n of the Board President ENDORSEMENT ATTACHED To POLICY No. PROFORMA ISSUED BY [-S----,ititq1egu)arYantyart. company HEREIN CALLED THE COMPANY Order No.: 1452-134950 Fee: To be determined Endorsement Number: E-9936-Proforma Contiguity 116.4 modified The Company insures against loss or damage sustained by the Insured by reason of: The failure of Parcels 2 and 3 to be contiguous; The failure of Parcels 11,12, 14 and 18 to be contiguous; The failure of Parcels 24, 25 and 28 to be contiguous; The failure of Parcels 22 and 23 to be contiguous OR the presence of any gaps, strips, or gores separating the contiguous boundary line described above. This endorsement does not insure against discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. Dated: In witness whereof, Stewart Title Guaranty Company has caused this policy to be signed and sealed by its duly authorized officers as of Date of Policy shown in Schedule A. Countersigned by: �- StB c- L title guaranty company Authorized Countersignature Stewart Title of California, Inc. Senior Chairman of t e Board L Chairman of the Board President ENDORSEMENT ATTACHED TO POLicy No. PROFORMA ISSUED By Fstewart title guaranty company HEREIN CALLED THE COMPANY Order No.: 1452-134950 Fee: To be determined Endorsement Number: E-9936-Proforma Optionee The Company hereby insures the Insured against loss or da ge sustained or incurred by the Insured by reason of the option to purchase referred to in paragraph 2 of Schedule B being at the date hereof invalid or the failure of the rights of the optionee under the option to be vested in the Insured. Notwithstanding the provisions contained in the conditions and stipulations of the policy of which this endorsement is a part the coverage afforded by the policy and this endorsement shall cease and ten-ninate upon the exercise of the option or on the date the option expires by its own terms, whichever occurs first. Schedule B of the policy is hereby amended by the addition of the following paragraph as the last numbered paragraph thereof: Terms, provision and conditions, and any failure to comply with same, as contained in the Option Agreement dated by and between as optionor and as optionee as evidenced by that certain instrument which recorded on as Instrument No. of Official Records of Kern County. Dated: In witness whereof, Stewart Title Guaranty Company has caused this policy to be signed and sealed by its duly authorized officers as of Date of Policy shown in Schedule A: Countersigned by: Authorized Countersignature Stewart Title of California, Inc. 7stewc,wt t - title guaranty company A-", - Senior Chairman of tke Board (Chairman of the Board President :iapjp / i 10 t 06ed / bi00-ESi0 :abed-31009 / u.Jax / zl-I :uolldljDsaa s)tjoMail!1 I U � w i 1 � � I CnmRs 3 W) RD O a r9L�20 CD 2CLC ig O O 0 �. C N z "4 3 0-0 'l z 7c o � i— Z � O h1ewnareMp « di ,— of bed foy F a01 a1 7aNfld_af aubdlYlfbn IaW . n x 0 O r i j U w 8� � mapap / T ;0 T abed / C-900-ESTO :05ed•)loog / uje)l / zll wol;dliasaa silloMana u W C. ao°5 O ID mm�� oCL a I op oW -+. Q E rt 3 B. as -co —�- Q A -z C I ti 4 _ =r m mz e. Im t � I 1 � 6 U I o r V>1 N th n I y I Ln 00 i Z ion I I mN ro a I i--- oz I I I b _ y rillP z �w 1 w I 1 . W.; Tklt may 1. for ... U"M parp...0 O- ,al • 11 1. na 1. 0. V-Mmd .. vo 1,, logo ewn.r.Mv ar dlri.l.n..1 hind for li N ' W pe pos ..: z.M.g 0 w.dlOol.n Imo. i i :aapjo I j 10 i abed / 9T00-£S70 :abed•4009 / ujay1 / zll :uo1;dljosa4 s)IJoMal;ll i_ o� I U 1 tT g_ Mcz�� N �p CL I wp CD FZ a:, I p 06ah m R QCD ` I I u\ Z r _ I Op 4 4 Teirdeirapi °I I o� I h T oI) N 1 CD i -NFS ( rq i I o� I La x I I 0 o N � I at�J p � In O O X ti I G z v' 1 Q -t 3 i O ° l Z ;R O Z � 1 (,n ;VI NaN: Thla map is for fummfnt po�pwff mdy. If If . fo be Conrtrwd of pptreylnd Ipurpo+ ofraroino ar i.bdWlsifn l w. i 1 m CD 0 Cl 0 o cran 0 CD w m - m - ID rw v'i'�2 IMD CD su Aai _ Q i]. N Q 0 C I a U) En 00 cN a o� -�z. M, :0 :Japip / 110 T abed / 9T00-ESTO :96ed•31009 / UMI / zl-I :uo!}dijosad "aoMa»!l GPI p41 m I O I�NI W — O.AI �w U bNl 4i Iq)akZP +� f N 0 ro a Ca � I NaN 1 Tll, Mp 11 fa oYnsmrnl ►urDew{ O i My. n h rof i� con-tru.d w }ertraYUp 1 Ir0a1 --sk;p or dNkl— of load for purpafu of 7odnp a wtoWlalan 1—. w i 0) n x 0 0 r v N 17*sJ ar, m � I C (� Zov x�+ CL o ' R o { Y ,tr RCD a gr � o IT! � a Pa' �D FL a Fn :iapjo / j;o T abed / LT00-E5T0 :abed -Moog / u-JON / zl"I wogdlj�saa sHjoMallil i I1 j a I Op n a N O r j o -u m z I x0 I mi i� N Net1: ShU ineD 11 for alntminl Iunpo111 A I � j�l only, If la ral la ne CYMIru1a ae portraylnq IIOeI OMn1I1hID or e1v1110M of lone tot yurpesu of ieivrq a IWdvLton lew. to n O r v 4---1 R :iapao l / i {O T. obed / 4Z00-ESTO :abed•)1009 / uweH / z!l :u0l;dlnsaa s)jjoMaNll 0 VI � O A O -0 -nz. M 0 z Z I We This Is far eMn�aal pvpwra oMr. 1/ Is Iwl ra W umlruad a par aylp legal owaarshfp ar alvlrianlel bnd fv parpoaaa of >roNlp v �vlafon tor. r WA Ot pp � AWI A I � r N I I �n 'WOO A I I w STjn::� Cr0 b A— m 9, " 3 g Q o o o ��oq= ID m c � tANf w-Er CL B. � wagg'= a Ci N ZmY: 3. (D z a rn CA in n U1 00 cN Z 3 "a0 'n Z. X Q m E_ Z t_!pp �b iN :.+6p.10 / T JO T 68ed / ZOOO-TOTO :86ed')10og / ua6H / z11 mo!adinsoo 5)1.,OMDII!1 (� 7. 3 0 S . R. 36 I/2 E�v _ " O( Iwo uN �^ _ O Via{ ro 1I 1I � -17 l �p W- { - �' &al 010 'r - � ✓' a ,m�N�l pm il na I -0 I I W O I m 0 M x N 0 N l � l _ J :aepjp / 110 T 05ed / L000-tft►VO :eBed•>1009 / UJO)l / zIl :UOj4d!jDsap s>IJoMalI!1 r: 10,680 UF m � SR a_�u 0 P, 6 it CL y m 8 Q CL roiF a In ?FQro 10 n >A co � N W I - n 4 � I n I a\ ap n aa` - r--- n � 8 W_ w i yN J i y' W ' oAi . W_) ODI �W r 1 VJ� n mil W� fb 04I ula 00 x 'tom m } Nal.: nd. m.m op la r.r m.a.nl purpos.. IQ onir. a Is net to be eon.fru.a a. portraying I.p.l .ra.r.Kp . divl.fon. of land for parga.n•al »N.g or wbdl.l.l.n love. �..• i g � n A A. A age vi U), Q ago 'O r „r*,-4qO c aoC @r m o, Q _ CD z' yo $rs n ul;f. a' :'Iapap / t;o S 06ed / 1000-£ST-0 :95ed•)1000 / uJayl / z11 :uol}dl.»saa smioMalill U C� i I N � tl I° � a N m f � W I i rn Q O OLO I n O-1 w I °v I a J I O O N 8 j G�rac� O 9/!�`ar"N O arm oon.= m Q aAa i �Aa O :aap.lo / T;o t abed / 8000-CSTO :e6ed'51008 / u.39)1 / zl-I :uol;dinsaa s3isoMalall ON OD ti Q i. mapip / j jo t oBed / 60oo-£5to :95ed'Moog / ujaH / zil :uoladl.JDsaQ s1.10malml C O w � ip f O ! q op a � a 3AY.— Ra'•eQ Im C� W.t l gig Od 4 n O Soo ro�F� m� 3 a� coa 0w-=, CDaCL m Z rL 0 to n o I � o r 1 �N z I O -� �z mi w Z ••U+ O N�� i� CD o to 1 W O � CL 5. M, aC, i �C ma��•I a m c 0 mapio / T Jo T i0ed / OTOO-ESTO :06ed•)1009 / uJON / z17 :uolldljDsa(3 s)tjoMai;ll o-'� w 0 �p � p O 4 y1� r n y� O `� V w w 0 0 pai c$b 7 Li j19, ID `, ; S ff or cl -3 �mmamu'. (D o. ca a N N m En n Ul 00 C � z �3 a 0� 'T,z. mo i mapio / T;o T abed / TTOO-£STO :abed•)1009 / uaa}I / z!1 :uopdjjosaa sHjoAkal7!1 irs j i oU N u N tD Ln co f-9 0 n x 0 0 r v_ N -t ID 3_ g v S10 ca 0 (n W Z � m� 0 aW -. a 0 m OL W Z O = (9 OD U) EA na o� zN 3 D m O z �w :aepjo / Z;o j abed / Zi00-ESI0 :06ed-1009 / uaaH / z!y mo!adpase(j s)laoMall!1 w o N 4h !N Nols: Tnls 11, is for ewsunanl wposss Pnly. II le .+� ro w conslrwe ss PerlrsYlns lead eMnerMID er elvHlom e} MM (or i PYrposn of xanllp ox auOdSYlxlen IOM. w U m L4 0 0 r v v u w RECORDING REQUESTED BY STMART TLE 00 �'' RECORDING, REQUESTED BY AND WHEN RECORDED MAIL TO: ) C®Py The City of Vernon ) DATE: l 0-1- I r�0 4305 Santa Fe Avenue ) I �ST Vernon, California 90058 ) { Attention: Jeff Harrison, Esq., ) City Attorney ) Above Space for Recorder's Use MEMORANDUM OF AMENDED AND RESTATED PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS THIS MEMORANDUM OF AMENDED AND RESTATED PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (this "Memorandum"), dated as of October tlo, 2008, is made by and between the CITY OF VERNON, a California chartered city (`Buyer"), and ReNu RESOURCES, LLC, a Delaware limited liability company ("Seller"}. Capitalized terms used in this Memorandum without definition have the meanings provided them in the Purchase Agreement (as defined below). WITNESSETH: Buyer and Seller do hereby acknowledge that: 1. Purchase Agreement. Buyer and Seller are parties to that certain Amended and Restated Purchase and Sale Agreement and Joint Escrow Instructions dated as of October 8, 2008 (the "Purchase Agreement"). Pursuant to the Purchase Agreement, Buyer has acquired a fee simple interest in all that certain parcel of land situated in Kern County, California consisting of approximately 29,722.44 acres, as more particularly described in Exhibit A attached hereto (the "Wind Land' ), subject to certain Seller Retained Easements. 2. Deferred Wind Purchase Price. As part of the consideration for the Wind Land, Seller is entitled to receive certain deferred payments, if and to the extent provided in the Purchase Agreement. 3. Purpose. This Memorandum is for informational purposes only and nothing contained herein shall be deemed to in any way modify or otherwise affect any of the provisions of the Purchase Agreement. This Memorandum is subject to all of the provisions of the Purchase Agreement and, in the event of any inconsistency between the provisions of the Purchase Agreement and this Memorandum, the provisions of the Purchase Agreement shall prevail. 4. Other Provisions. The other provisions of the Purchase Agreement, including, without limitation, those pertaining to the terms of any purchase and sale of the Property, shall be as provided in the Purchase Agreement, which, by this reference, are incorporated herein. CLAU 905133.1 5. Counte>parts: This Memorandum may be executed, and delivered in any number of counterparts, each of which so executed and delivered shall be deemed to be an original and all of which shall constitute one and the same instrument. [The remainder of this page is intentionally left blank.] 2 LA\1905133.1 IN WITNESS WHEREOF, the parties hereto have duly executed this Memorandum as of the day and year first written above. SELLER: ReNu RESOURCES, LLC, a Delaware limited liability company : By Name: Nicholas V. Morosoff Title: Secretary BUYER: CITY OF VERNON, a California chartered city By: Name: Title: ATTEST: By: _ Name: Title: APPROVED AS TO FORM: By: Name: Title: LA11905133.1 IN WITNESS WHEREOF, the parties hereto have duly executed this Memorandum as of the day and year first written above. SELLER: ReNu RESOURCES, LLC, a Delaware limited liability company By: Name: Title: BUYER: CITY OF VERNON, a California chartered city By: Name: Hilario Gonzales Title: Mayor Pro-Tem LA\1905133 ATTEST: By: Nfe:Kris en omoto T: Deputy City Clerk APPROVED AS TO FORM: By: 4---- e:Jeif A. Harrison Title:City Attorney STATE OF CALIFORNIA COUNTY OF LOS ANGELES On October 15, 2008, before me, Ellen Jo Rose, a Notary Public, personally appeared Nicholas V. Morosoff, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the taws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. By: �---- Ellen o Rose, Notary Public SEAL ELLEN JO ROSE k, •� Commission # 1520364 z Notary Public -- Callforniag Los Angeles County� ''�� *Comm.OPres0ct1a2W8 State of California ) County of �� ) On e1hO pld4 before me, g' o% personally appeared - tan o 0y 2. ge S who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)'is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. MARISOI raWluo Commltslon #t 1654907 emy Caalornla County Signatur l� (Seal) COr"m'ExpiresAprIs.201 EXHIBIT A TO MEMORANDUM OF AMENDED AND RESTATED PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS LEGAL DESCRIPTION Parcel 1: (APN: 153-120-10 & 11) The East half, Lots 1 and 2 of the Northwest quarter, and Lots 1 and 2 of the Southwest quarter of Fractional Section 31, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 2: (APN: 153-110-04) Section 36, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Except all oil, gas, oil shale, coal, phosphate, sodium, gold, silver and all other mineral deposits contained in said land, and further reserving to the State of California and persons authorized by the State, the right to drill for and extract such deposits of oil and gas, or gas, and to prospect for, mine and remove such deposits of other minerals from said land and to occupy and use so much of the surface of said land as may be required therefore, upon compliance with the conditions and subject to the provisions and limitations of Chapter 5, Part I, Division 6 of the Public Resources Code, as reserved in Patent recorded June 10, 1958 in Book 2962, Page(s) 503 of Official Records. Parcel 3: (APN: 153-110-05) Section 35, Township 29 South, Range 35 East, Mount DiabloBase and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 4: (APN: 153-180-09) The East half of Fractional Section 31, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 5: (APN: 153-180-10) The West half of Fractional Section 31, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 6: (APN: 181-190-14) The East half of Fractional Section 31, Township 30 South, Range 38 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Exhibit A-1 LA\ 1905135.1 Parcel 7: (APN: 181-190-15) The West half of Fractional Section 31, Township 30 South, Range 37 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 8: (APN: 181-190-16) Fractional Section 36, Township 30 South, Range 36 %z East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kem, State of California, according to the Official Plat thereof. Except all oil, gas, oil shale, coal,phosphate, sodium, gold, silver and all other mineral deposits contained in said land, and further reserving to the State of California and persons authorized by the State, the right to drill for and extract such deposits of oil and gas, or gas, and to prospect for, mine and remove such deposits of other minerals from said land and to occupy and use so much of the surface of said land as may be required therefor, upon compliance with the conditions and subject to the provisions and limitations of Chapter 5, Part I, Division 6 of the Public Resources Code, as reserved in Patent recorded July 29, 1959 in Book 3170, Page(s) 179 of Official Records. Parcel 9: (APN: 442-010-07) Section 11, Township 30 South, Range 34 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof Except an undivided %2 interest in all oil, gas and hydrocarbon substances, within or underlying said land, as granted to J.C. Walser, also known as John Caswell Walser and Blanche Walser, husband and wife as joint tenants, in Deed recorded July 9, 1937 in Book 731, Page(s) 490 of Official Records: Parcel 10: (APN: 442-010-04) Fractional Section 1, Township 30 South, Range 34 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. . Parcel 11: (APN: 442-010-02) The South half of the South half of Fractional Section 2, Township 30 South, Range 34 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Except an undivided'Y2 interest in all oil, gas and hydrocarbon substances, within or underlying said land, as granted to J.C. Walser, also known as John Caswell Walser and Blanche Walser, husband and wife as joint tenants, in Deed recorded July 9, 1937 in Book 731, Page(s) 490 of Official Records, Parcel 12: (APN: 442-030-05) Section 13, Township 30 South, Range 34 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Exhibit A-2 LA\1905135.1 Parcel 13: (APN: 442-030-03) Section 14, Township 30 South, Range 34 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Except all the coal and other minerals in the land so patented together with the right to prospect for, mine and remove the same pursuant to the provisions and limitations of the Act of December 29, 1916 (Stat. 862) as reserved by the United States of America in the Patent recorded December 24, 1923 in Book 22, Page(s) 19 of Official Records. Parcel 14: (APN: 443-010-02), Section 23, Township 30 South, Range 34 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 15: (APN: 444-010-01) Fractional Section 3, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 16: (APN: 444-010-04) Lots 1 and 2 of the Northeast quarter, the South half of the Northeast quarter, and the. Southeast quarter, of Fractional Section 2, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 17: (APN: 444-020-16) Fractional Section 7, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 18: (APN: 444-020-14) The North half of the North half of Section 8, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California,. according to the Official Plat thereof. Except and reserving to the United States, pursuant to the provisions of the Act of August 1; 1946 (60. Stat. 755), all uranium, thorium or any other materials which is or may be determined to be peculiarly essential to the production of fissionable materials, whether or not of commercial value, together with the right of the United States through it's authorized agents or representatives at any time to enter upon the lands and prospect for, mine and remove the same as reserved in the Patent from the United States of America, recorded April 27, 1949 in Book 1612, Page(s) 130 of Official Records. Parcel 19: (APN: 444-020-03) Fractional Section 5, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California,, according to the Official Plat thereof. Exhibit A-3 LA\1905135.1 Parcel 20: (APN: 444-020-09) The West half of the Northeast quarter, the Southwest quarter of the Southeast quarter, and the West half of Section 9, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel21 (APN:444-010-13) The North half of the Northeast quarter, the Southwest quarter of the Northeast quarter, the Southeast quarter of the Northwest quarter, the West half of the Southeast quarter, and the East half ofthe Southwest quarter, of Section 10, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 22: (APN: 444-030-06) The East half of the Southeast quarter, the Southwest quarter of the Southeast quarter of Section 14, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 23: (APN: 444-010-10) Section 11, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 24: (APN: 444-030-01) Section 15, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 25: (APN: 444-030-08) Section 13, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated Area County of Kern, State of California, according to the Official Plat thereof. Parcel 26: (APN: 444-040-02) Section 17, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 27: (APN: 444-040-09, 11 and 13) The West half of the Northeast quarter, the East half of the Northeast quarter, the North half of the Southeast quarter, the South half of the Southeast quarter,: and the Southwest quarter of Section 16, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof Parcel 28: (APN: 444-040-15) Section 21, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Exhibit A-4 LA\1905135.1 Parcel 29: (APN: 444-030-11) Section 23, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 30: (APN: 444-060-05) The North half of Section 28, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 31: (APN: 444-070-01 & 02) Fractional Section 3, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel32: (APN: 444-080-05) The North half of Fractional Section 5, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 33: (APN: 444-080-06) The South half of Fractional Section 5, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 34: (APN: 444-080-11) The West half, and the Southwest quarter of the Southeast quarter of Section 8, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 35: (APN: 444-080-09) • Section 9, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 36: (APN: 444-080-01 & 02) Fractional Section 6, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 37: (APN: 444-080-13 & 115) Fractional Section 7, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Exhibit A-5 LA\1905135.1 Parcel 38: (APN: 444-090-01) Section 15,.Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof Parcel 39: (APN: 444-100-04) The West half, the West half of the Northeast quarter, the Southeast quarter of the Northeast quarter, and the Southeast quarter, of Section 16, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 40: (APN: 444-100-02) Section 17, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the unincorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 41: (APN 444-100-07) Section 21, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 42: (APN: 444-100-10 & 11) Fractional Section 19, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 43: (APN: 444-090-07) Section23, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 44: (APN: 444-110-03) Section 25, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Except a strip of land 200 feet wide granted to the City of Los Angeles by the Southern Pacific Land Company by Deed recorded March 13, 1920 in Book 346, Page(s) 421 of Deeds. Parcel 45: (APN: 444-110-08) Section 35, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 46: (APN: 444-110-06) The North half of the Northwest quarter, the Southwest quarter of the Northwest quarter, the West half of the Southwest quarter, the Southeast quarter of the Southwest quarter, and the East half of Section 36, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Exhibit A-6 LA\1905135.1 Parcel 47: (APN: 443-030-16) Section 25, Township 30 South, Range 34 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof Parcel 48: (APN: 444-010-08) Section 12, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 49: (APN: 444-040-18 & 19) Fractional Section 19, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 50: (APN: 444-050-04) Section 25, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 51: (APN: 444-050-01) Section 27, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 52: (APN: 444-060-03) Section 29, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 53: (APN: 444-060-08) Section 33, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 54: (APN: 444-120-06) The Southwest quarter of Section 28, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 55: (APN: 444-120-02) Section 29, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 56: (APN: 444-010-06) ' Fractional Section 1, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Exhibit A-7 LA\1905135.1 / RECOR014.G R`eQiIESTED 5y 1; STEWART Tt'iU RECORDING REQUESTED BY AND N F" R MED WHEN RECORDED MAIL TO: ) COPY The City of Vernon > DATE: 10 -4 `l --2,00 �r 4305 Santa Fe Avenue ) I NSTA Dip g 160 5 q7 Vernon, California 90058 ) 4TEiNART TITLE Attention: Jeff Harrison, Esq., ) City Attorney ) Above Space for Recorder's Use MEMORANDUM OF OPTION THIS MEMORANDUM OF OPTION (this "Memorandum"), dated as of October Ilo, 2008, is made by and between ReNu RESOURCES, LLC, a Delaware limited liability company ("Owner'), and the CITY OF VERNON, a California chartered city ("Option Holder"). Capitalized terms used in this Memorandum without definition have the meanings provided them in the Purchase Agreement (as defined below). WITNESSETH: Owner and Option Holder do hereby acknowledge that: 1. Purchase Agreement. Owner and Option Holder are parties to that certain Amended and Restated Purchase and Sale Agreement and Joint Escrow Instructions dated as of October 8, 2008 (the "Purchase Agreement"). Pursuant to the Purchase Agreement, Option Holder has the exclusive right to purchase, among other things (the "Option") (a) a fee simple interest in up to 5,000 acres designated by Option Holder from among (i) those parcelslocated in Kern County, California described on Exhibit A attached hereto and (ii) those parcels located in Kern County, California described on Exhibit B attached hereto (collectively, the "Property") and (b) certain easements benefiting the Property. 2. Exercise of the Option. Pursuant to the terms of the Purchase Agreement, the Option must be exercised, if at all, within not later than the third anniversary of the date of this Memorandum. The terms pursuant to which the Option may be exercised are as set forth in the Purchase Agreement. 3. Purpose. This Memorandum is for informational purposes only and nothing contained herein shall be deemed to in any way modify or otherwise affect any of the provisions of the Purchase Agreement. This Memorandum is subject to all of the provisions of the Purchase Agreement and, in the event of any inconsistency between the provisions of the Purchase Agreement and this Memorandum, the provisions of the Purchase Agreement shall prevail. 4. , Other Provisions. The other provisions of the Purchase Agreement, including, without limitation, those pertaining to the terms of any purchase and sale of the Property, shall be as provided in the Purchase Agreement, which, by this reference, are incorporated herein. LA\1905134.1 5. CountWarts. This Memorandum may be executed and delivered in any number of counterparts, each of which so executed and delivered shall be deemed to be an original and all of which shall constitute one and the same instrument. [The remainder of this page is intentionally left blank.] 2 LA\1905134.1 IN WITNESS WHEREOF, the parties hereto have duly executed this Memorandum as of the day and year first written above. OWNER: ReNu RESOURCES, LLC, a Delaware limited liability company fP By: Name: Nicholas V. Morosoff Title: Secretary OPTION HOLDER: CITY OF VERNON, a California chartered city By: Name: Title: LA\1905134.1 ATTEST: By: Name: Title: APPROVED AS TO FORM: By: Name: Title: IN WITNESS WHEREOF, the parties hereto have duly executed this Memorandum as of the day and year first written above. OWNER: ReNu RESOURCES, LLC, a Delaware limited liability company By: Name: Title: OPTION HOLDER: CITY OF VERNON, a California chartered city By: Name:Hilario Gonzales Title:Mayor Pro-Tem ATTEST: By: n�� f,4E N e:Kristen Enomoto Title: Deputy City Clerk APPROVED AS TO FORM: By: e: ff A. Harrison te:City Attorney W1905134 � State of California ) County of On ^.Oti/' befo me, personally appeared ' who proved to me on the basis o satisfactory evidence to be the person(s) whose narrte(s) pis/are subscribed to the within instrument and acknowledged to me that he/she/fhey executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. uo s] Commaalon # 1654907 g • N01QN "Ic - Confornla Los Angeles County �-- Mi!Co03 ExpMS Apr 18, 201 Signatur (Seal) STATE OF CALIFORNIA COUNTY OF LOS. ANGELES On October 15, 2008, before me, Ellen Jo Rose, a Notary Public, personally appeared Nicholas V. Morosoff, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNES �myand an official seal By: E en Jo Rose, Notary Public J► r._..e as y u. SEAL ELLEN JO ROSE r; Commisslon 1520364 1 Notary Public — Callfomla l ' Los Ang eles CounfyMC' omm. Ep4esO8g c EXHIBIT A TO MEMORANDUM OF OPTION LEGAL DESCRIPTION WESTERN SOLAR LAND Parcel 1: (APN: 153-070-02) Lots 1 and 2 of the Northeast quarter, the East half of Lot 2 of the Northwest quarter, the North half of the Southeast quarter, and the Southeast quarter of the Southeast quarter, of Fractional Section 3, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 2: (APN: 153-070-03) The Southwest quarter of the Southwest quarter of Fractional Section 3, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 3: (APN: 153-070-07) Section 11, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 4: (APN: 153-080-08) Lots 1 and 2 of the Northeast quarter, and the Southeast quarter of Fractional Section 5, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 5: (APN: 153-080-02) Lots 1 and 2 of the Northwest quarter, and the Southwest quarter of Fractional Section 5, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kem, State of California, according to the Official Plat thereof. Parcel 6: (APN: 153-080-05) The Southeast quarter of Section 8, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 7: (APN: 153-080-04) Section 9, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern,State of California, according to the Official Plat thereof.. Parcel 8: (APN: 153-090-01) LA\1905134.1 Section 15, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 9: (APN: 153-090-03) Section 13, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 10: (APN: 153-100-03) Section 17, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 11: (APN: 153-100-10) Section 21, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 12: (APN: 153-090-05) Section 23, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 13: (APN: 153-110-03) Section 25, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 14: (APN: 153-110-01) Section 27, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 15: (APN: 153-120-02) Section 29, Township 29 South, Range 35 East, Mount.Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 16: (APN: 153-120-04) The North half of the Northeast quarter, and the Northeast quarter of the Northwest quarter of Section 28, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 17: (APN: 153-120-07) The East half of the Northeast quarter, the Northwest quarter of the Northeast quarter, the East half of the Southeast quarter, and the West half of Section 33, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. LA\1905134.1 EXHIBIT B TO MEMORANDUM OF OPTION LEGAL DESCRIPTION EASTERN SOLAR LAND Parcel 1: (APN 153-140-05) Section 9, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the unincorporated area, County of Kem, State of California, according to the Official Plat thereof, Parcel 2: (APN: 153-140-07) The East half of Fractional Section 7, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the tin -incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel3: (APN: 153-140-08) The West half of Fractional Section 7, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 4: (APN: 153-130-05) Section 11, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 5: (APN: 153-150-02) The Northeast quarter, the East half of the Northwest quarter, the Northwest quarter of the Northwest quarter, the North half of the Southeast quarter, and the Southeast quarter of the Southeast quarter of Section 15, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 6: (APN: 153-150-04) Section 13, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 7: (APN: 153-160-02) Section 17, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. LA\1905134.1 Parcel 8: (APN: 153-160-06) The Northeast quarter, the Northeast quarter of the Southeast quarter, the Northeast quarter of the Northwest quarter, and Lots 1 and 2, of Fractional Section 19, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 9: (APN: 153-160-04) Section 21, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 10: (APN: 153-150-06) The East half of the East half, the Southwest quarter of the Southeast quarter, and the South half of the Southwest quarter, of Section 23, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 11: (APN: 153-170-03) Section 25, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 12: (APN: 153-170-04) The Northwest quarter of the Northwest quarter, the East half of the Northwest quarter, the Northeast quarter, and the South half of Section 36, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Except all oil, gas, oil shale, coal, phosphate, sodium, gold, silver and all other mineral deposits contained in said land, and further reserving to the State of California and persons authorized by the State, the right to drill for and extract such deposits of oil and gas, or gas, and to prospect for, mine and remove such deposits of other minerals from said land and to occupy and use so much of the surface of said land as may be required therefor, upon compliance with the conditions and 'subject to the provisions and limitations of Chapter 5, Part I, Division 6 of the Public Resources Code, as reserved in Patent recorded June 10, 195,8 in Book 2962, Page(s) 503 of Official Records. Parcel 13: (APN: 153-240-14) The Southwest quarter of Section 29, Township 29 South, Range 37 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Except a strip of land 200 feet wide granted to the City of Los Angeles, by Deed recorded March 13, 1920 in Book 346, Page(s) 421 of Deeds. Also except that portion of said Southwest quarter, granted to the City of Los Angeles by Deed recorded September 20, 1973, in Book 4804, Page(s) 2459 of Official Records. LA\1905134.1 Parcel 14: (APN: 153-240-12) Section 31, Township 29 South, Range 37 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Except a strip of land 200 feet wide. granted to the City of Los Angeles, by Deed recorded March 13, 1920, in Book 346, Page(s) 421 of Deeds. Also except that portion of said section, granted to the City of Los Angeles by Deed recorded September 20, 1973 in Book 4804, Page(s) 2459 of Official Records. Parcel 15: (APN: 153-240-16) The South half of the Northwest quarter, the Southwest quarter of the Northeast quarter, the West half of the Southeast quarter, and the Southwest quarter, of Fractional Section 33, Township 29 South, Range 37 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Except a strip of land 250 feet wide granted to the City of Los Angeles, by Deed recorded September 20, 1973 in Book 4804, Page(s) 2456 of Official Records. Parcel 16: (APN: 181-020-02) Fractional Section 5, Township 30 South, Range 37 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 17: (APN: 181-020-13) Fractional Section 9, Township 30 South, Range 37 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Except a strip of land 250 feet wide granted to the City of Los Angeles, by Deed recorded September 20, 1973 in Book 4804, Page(s) 2456 of Official Records. Parcel 18: (APN 444-070-05) The North half, and the Southwest quarter of Fractional Section 1, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the unincorporated area, County of Kern, State of California, according to the Official Plat thereof. LA\1905134.1 RECORDING MUESTED BY STEW' ART TITLE R M E 0 RECORDING REQUESTED BY COPY AND WHEN RECORDED MAIL TO: The City of Vernon DATE: /D — %7 ROO 8 4305 Santa Fe:Avenue . !NST.#: aag 1651193 Vernon, California 90058 TITI E Attention: Jeff Harrison, Esq., City Attorney TRANSMISSION EASEMENT THIS TRANSMISSION EASEMENT (this "Easement Agreement") is made as of October IJ, 2008, by ReNu RESOURCES LLC, a Delaware limited liability company ("Grantor"), to the CITY OF VERNON, a California chartered city ("Grantee"), with reference to the following recitals: RECITALS A. Grantor owns that certain real property located in the unincorporated areas of Kern County, as described on Exhibit A attached hereto (the "Transmission Easement Area"). B. Concurrent hereto, Grantor sold and conveyed to Grantee that certain real property located in the unincorporated areas of Kern County, as described on Exhibit attached hereto (the "Appurtenant Property"), pursuant to that certain Amended and Restated Purchase and Sale Agreement and Joint Escrow Instructions by and between Grantor and Grantee and dated as of October 8 2008 (the "PSA"). C. Pursuant to the conditions to closing under the PSA, Grantor desires to grant to Grantee and Grantee desires to accept from Grantor general easements in, over, across and through a portion of the Transmission Easement Area appurtenant to and benefiting the Appurtenant'Property, on the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the foregoing recitals, the covenants hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor hereby declares as follows: I Easement. Grantor hereby grants to Grantee a non-exclusive easement and right-of-way appurtenant to and benefiting the Appurtenant Property located in, over, across. and through the Transmission Easement Area (i) to permit Grantee to access and use electric power transmission lines of (collectively, the "Transmission Owners") the Los Angeles Department of Water and Power ("LADWP"), Southern California Edison ("SCE") and any other applicable transmission owner (the "Transmission' Easement") and (ii) to permit any other Permissible Uses (as defined in the PSA), in each case in a manner that is consistent with the Access Requirements (as defined below). For the purposes of this Easement Agreement, "Access Requirements shall consist of the following: (x) any use of the Transmission Easement shall be subject to the reasonable conditions Grantor may impose from time to time, including requirements of security, safety, insurance, coordination and advance scheduling, and LAU901486.4 indemnification; and (y) the use of the Transmission Easement shall not interfere in any material respect with Grantor's use of the Transmission Easement Area. 2. Effectiveness. Grantee shall have no right to use the Transmission Easement until Grantor and Grantee shall have (i) determined, identified and agreed to a preferred, specific route for the Transmission Easement within the Transmission Easement Area ("Specific Transmission Easement Route'), and (ii) entered into an Amended and Restated Transmission Easement, which shall amend and restate this Easement Agreement to, among other things, amend Exhibit A hereto to include only the Specific Transmission Easement Route and delete and release any extraneous portions of the Transmission Easement Area that are not part of the Specific Transmission Easement Route ("Amended and Restated Transmission Easement"), on such terms and conditions provided in the PSA. Grantor has provided Grantee with a copy of a report from PDS Consulting regarding transmission issues ("Transmission Report"). If 'approved by Grantee, which approval shall not be unreasonably withheld, the Specific Transmission Easement Route shall be the route shown in the Transmission Report from the Appurtenant Land to LADWP at both the Pine Tree Substation and the Barren Ridge Substation and to SCE at SCE's forthcoming Tehachapi Sub 1 Substation. If reasonably disapproved by Grantee, Grantee and Grantor shall agree upon a reasonable alternate route for the Specific Transmission Easement Route. Once Grantee and Grantor have agreed to the Specific Transmission Easement Route, Grantor and Grantee shall negotiate, execute and record the Amended and Restated Transmission Easement, which shall contain those provisions required pursuant to Section 1(d) of the PSA with respect to the "WL Specific Transmission Easement Agreement" referred to therein, including, without limitation: a. provisions permitting Permissible Uses provided that the Permissible Uses shall be subject to the conditions and restrictions set forth in clauses (A) through (E) of Section 1(d)(ii) of the PSA, b. provisions providing for three separate one-time rights in favor of Grantee to designate, until the Wind Permitting Date (as defined in the PSA), alternate routes for the Specific Transmission Easement Route for interconnection with LADWP, SCE or one other Transmission Owner, if any, respectively, as provided in Section 1(d)(iii) of the PSA, subject to the last paragraph of Section 1(d)(v) of the PSA, C. provisions providing for Grantee's right to request minor amendments to the Specific Transmission Easement Route to accommodate specific environmental or terrain concerns, as provided in Section 1(d)(iii) of the PSA, d. provisions providing for Grantor's right to request, and Grantee's duty to agree to, amendments to the Amended and Restated Transmission, Easement to exclude portions of the Transmission Easement Area upon the terms and conditions of Section 1(d)(v) of the PSA, e. a provision that, except as provided in the last sentence of clause (iii) of Section l(d) of the PSA, the use of the Transmission Easement shall be at no additional cost paid by Grantee to Grantor,, subject to Grantee's obligation to satisfy any indemnity obligation as part of the Access Requirements, all as provided in Section I (d)(vi) of the PSA, and 2 � LA11901486.4 I f. provisions providing for Grantor's right, at any time following the first anniversary of the date hereof, to request that the Amended and Restated Transmission Easement, as the same may be amended or restated, be amended to exclude portions of the Transmission Easement Area on which Grantor will be constructing improvements or as to which Grantor otherwise has a need to clarify that the Transmission Easement could not lie upon such areas subject to such amendment request, as provided in Section 1(d)(iv) of the PSA. 3. Term. If the Amended and Restated Transmission Easement has not been executed and recorded on or before the first anniversary of the date hereof for reasons other than Grantor's default under the PSA, this Easement Agreement shall automatically expire and be of no further force or effect, and io confirm the same, Grantee shall execute, acknowledge where appropriate and deliver any reasonable documents submitted by Grantor to release this Easement Agreement. 4. Payment. Except for the express reimbursement and indemnity obligations provided for herein or that may be provided for in the Amended and Restated Transmission Easement, no additional payment shallbe required of Grantee for the Transmission Easement. 5. No Gift or Dedication. Nothing contained in this Easement Agreement shall be deemed to be a gift or dedication of any portion of the Transmission Easement Area to or for the general public or for any public use or purpose whatsoever, it being the intention of the parties that the Transmission Easement and rights granted in this Easement Agreement, as it may be amended or restated, shall be strictly limited to and for the purposes herein expressed with, respect to private property solely for the benefit of the parties. b. Mortgagee Protection. No breach or violation of this Easement Agreement or of the restrictions provided herein shall render invalid the lien of any mortgage, deed of trust or similar instrument' securing a loan made in good faith and for value with respect to any portion of the. Transmission Easement Area, but all of the provisions of this Easement Agreement shall be binding upon and effective against any subsequent owner (including any mortgagee or beneficiary under a deed of trust) who acquires title to the Transmission Easement Area or any portion thereof, by foreclosure, trustee's sale, deed in lieu of foreclosure, or otherwise. 7. Governing Law. This Easement Agreement 'shall be governed by and construed in accordance with the laws of the State of California. 8. Successors and Assigns; Covenants Running with the Land. This Easement Agreement is binding upon and shall inure to the benefit of the parties and their respective successors and assigns, tenants, invitees and licensees. All of the provisions of this Easement Agreement shall be enforceable as equitable servitudes and constitute covenants running with the land pursuant to applicable law, including, without limitation, Section 1457 et. seq. of the California Civil Code. 9. Severability. If any provision of this Easement Agreement is prohibited or held to be invalid, illegal or unenforceable for any reason, the parties hereto agree to the LAU 901486.4 fullest extent permitted by law that (a) the validity, legality and enforceability of the other provisions shall not be affected or impaired thereby and (b) the parties.hereto shall endeavor in good faith negotiations to replace the invalid or unenforceable provisions with valid and enforceable provisions, the economic effect of which comes as close as possible to that of the invalid or unenforceable provisions. 10. Complete Understanding. This Easement Agreement, together with the referenced provisions of the PSA, constitute the entire understanding between the parties with respect to the subject matter hereof, superseding all negotiations, prior discussions, and preliminary agreements or understandings, written or oral. This Easement Agreement may not be amended except in writing by the parties hereto or their successors. 11. Article Headings. Article headings in this Easement Agreement are for convenience only and are not intended to be used in interpreting or construing the terms, covenants and conditions of this Easement Agreement. 12. Recordation of the Easement. Grantee shall accept this Easement Agreement and cause the same to be recorded in the office of the Kern County Recorder. 13. Remedies. In the event of any breach or threatened breach of any provision of this Easement Agreement, the parties hereto may prosecute any proceedings at law or in equity to enjoin such breach or threatened breach and to recover damages for any such breach. The remedies permitted or available pursuant to the provisions of this Easement Agreement shall be cumulative and in addition to any rights or remedies available at law or in equity. 14. Indemnification. Grantee shall indemnify, defend and hold Grantor, and its officers; employees and agents (collectively, with Grantor, the ".Indemnified Parties and each of them, individually, an "Indemnified Party") harmless from and against any and all losses, claims, demands, costs, expenses, liens, fines, penalties, liabilities, judgments and damages resulting directly from Grantee's exercise of any rights granted to Grantee under this Easement Agreement, provided that Grantee shall not be required to indemnify or hold the Indemnified Parties harmless from and:against any loss, claim, demand, cost, expense, lien, fine, penalty, liability, judgment or damages arising from the willful or gross negligent acts or omissions of any Indemnified Party. [Remainder of Page Intentionally Left Blank] 4 LA\1901486.4 IN WITNESS WHEREOF, Grantor and Grantee have executed this Easement Agreement as of the date first set forth above. GRANTOR: ReNu RESOURCES, LLC, a Delaware limited liability company By:y" Name: Nicholas V. Morosoff Title: Secretary GRANTEE: CITY OF VERNON, ATTEST: a California chartered city By: Name: Title: LA11401486.4 By: Name: Title: APPROVED AS TO FORM: By: Name: Title: IN WITNESS WHEREOF, Grantor and Grantee have executed this Easement Agreement as of the date first set forth above. GRANTOR: ReNu RESOURCES, LLC, a Delaware limited liability company By: Name: Title: GRANTEE: CITY OF VERNON, a California chartered city By: Vdy-eu - AI.fl, ` Name:Hilario Gonzales Title: Mayor Pro—Tem LA\1901486 K&M-031; By: N e:Kristen Enomoto Title: Deputy City Clerk . APPROVED AS TO FORM: By: ; r ff,,ef A. Harrison Attorney STATE OF CALIFORNIA COUNTY OF LOS ANGELES On October 15, 2008, before me, Ellen Jo Rose, a Notary Public, personally appeared Nicholas V. Morosoff, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. - I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. By: sy-- faAt; Ellen Jo Rose, otary Public SEAL, �,.4....v._ ,._.� ELLEN JO ROSE Commission # 1520364 Notary Public — California;z My Los Angeles County My Comm. EoesOct 18, 2008 State of California ) County of S QS ) On o before.me, /�JW5ir j /✓W_ , personally appeared , who proved to me on the basis of satisfact ry evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signat f (Seal) MARISOL iRUJILLO Cammisslon # 1654907 Notary pwllc - Callfomla Los ngelee CutyCm0AA 0M2Vo0� EXHIBIT A TO TRANSMISSION EASEMENT LEGAL DESCRIPTION OF TRANSMISSION EASEMENT AREA Parcel 1: (APN: 153-170-01) Section 27, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 2: (APN: 153-180-12) The East half of the Southeast quarter of Section 28, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Except 1/16b of all coal, oil, gas and other mineral deposits contained in said lands as reserved by an Act of the Legislature approved May 25, 1921 (Chap. 303, Statutes, 1921), as reserved in the State of California, in Patent recorded March 29, 1923 in Book 484, Page(s) 42 of Official Records. Parcel 3: (APN: 153-180-02) The North half of the Northeast quarter of Section 29, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof Parcel 4: (APN: 153-180-04) The Southwest quarter of the Southeast quarter, and the Southwest quarter of Section 29, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof Parcel 5: (APN: 153-170-06) Fractional Section 35, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel6: (APN: 181-020-11) Fractional Section 7, Township 30 South, Range 37 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Except a strip of land 200 feet wide, granted to the City of Los Angeles by Deed recorded March 13, 1920 in Book 346, Page(s) 421 of Deeds. Also except that portion of said section, granted to the City of Los Angeles by Deed recorded September 20, 1973 in Book 4804, Page(s) 2459 of Official Records. Exhibit A-1 LA\1901486.4 i i Parcel 7: (APN, 181-080-32) Fractional Section 17, Township 30 South, Range 37 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Except a strip of land 200 feet wide granted to the City of Los Angeles, by Deed recorded September 20, 1973 in Book 4804, Page(s) 2459 of Official Records. Parcel 8: (APN: 181-080-11) The East half of the Southeast quarter of the Northwest quarter, Lots 1, 2, 3 and 4, and the East half of the Southwest quarter of Fractional Section 19, Township 30 South, Range 37 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official PIat thereof. Except a strip of land 200 feet wide, granted to the City of Los Angeles, by Deed recorded July 21, 1921 in Book 366, Page(s) 229 of Deeds. Parcel 9: (APN: 181-080-30) The North half of the Northeast quarter, the Southwest quarter of the Northeast quarter, the Northwest quarter, and the South half of Section 21, Township 30 South, Range 37 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Except a strip of land 250 feet wide, granted to the City of Los Angeles, by Deed recorded September 20, 1973 in Book 4804, Page(s) 2456 of Official Records. Also except a strip of land 200 feet wide as granted to the City of Los Angeles by Deed recorded September 20, 1973 in Book 4804, Page(s) 2459 of Official Records. Parcel 10: (APN: 181-190-02) The Northwest quarter and the South half of Section 29, Township 30 South, Range 37 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 11: (APN: 442-020-20) Section 9, Township 30 South, Range 34 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Except an undivided'/2 interest in all oil, gas and hydrocarbon substances, within or underlying said land, as granted to J.C. Walser, also known as John Caswell Walser and Blanche Walser, husband and wife as joint tenants, in Deed recorded July 9, 1937 in Book 731, Page(s) 490 of Official Records. Parcel 12: (APN: 442-010-10) The South half of the South half of Section 10, Township 30 South, Range 34 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. i Exhibit A-2 LA\1901486.4 Except an undivided''/3 interest in all oil, gas and hydrocarbon substances, within or underlying said land, as granted to J.C. Walser, also known as John Caswell Walser and Blanche Walser, husband and wife as joint tenants, in Deed recorded July 9, 1937 in Book 731, Page(s) 490 of Official Records. Parcel 13: (APN: 442-030-01) Section 15, Township 30 South, Range 34 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 14: (APN: 442-040-01) The West half of the Southeast quarter, and the East half of the Southwest quarter of Section 18, Township 30 South, Range 34 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 15: (APN: 444-070-09) Section 11, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 16: (APN: 444-090-04) Section 13, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. . Exhibit A-3 LA11901486.4 EXHIBIT B TO TRANSMISSION EASEMENT LEGAL DESCRIPTION OF APPURTENANT PROPERTY Parcel 1: (APN: 153-120-10 & 11) The East half, Lots 1 and 2 of the Northwest quarter, and Lots 1 and 2 of the Southwest quarter of Fractional Section 31, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 2: (APN: 153-110-04) Section 36, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Except all oil, gas, oil shale, coal, phosphate, sodium, gold, silver and all other mineral deposits contained in said land, and further reserving to the State of California and persons authorized by the State, the right to drill for and extract such deposits of oil and gas, or gas, and to prospect for, mine and remove such deposits of other minerals from said land and to occupy and use so much of the surface of said land as may be required therefore, upon compliance with the conditions and subject to the provisions and limitations of Chapter 5, Part I, Division 6 of theTublic Resources Code, as reserved in Patent recorded June 10, 1958 in Book 2962, Page(s) 503 of Official Records. Parcel 3: (APN: 153-110-05) Section 35, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 4: (APN: 153-180-09) The East half of Fractional Section 31, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 5: (APN: 153-180-10) The West half of Fractional Section 31, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 6: (APN: 181-190-14) The East half of Fractional Section 31, Township 30 South, Range 38 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Exhibit B-1' LA11901486.4 Parcel 7: (APN: 181-190-15) The West half of Fractional Section 31, Township 30 South, Range 37 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 8: (APN: 181-190-16) Fractional Section 36, Township 30 South, Range 36 %s East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Except all oil, gas, oil shale, coal, phosphate, sodium, gold, silver and all other mineral deposits contained in said land, and further reserving to the State of California and persons authorized by the State, the right to drill for and extract such deposits of oil and gas, or gas, and to prospect for, mine and remove such deposits of other minerals from said land and to occupy and use so much of the surface of said land as may be required therefor, upon compliance with the conditions and subject to the provisions and limitations of Chapter 5, Part I, Division 6 of the Public Resources Code, as reserved in Patent recorded July 29, 1959 in Book 3170, Page(s) 179 of Official Records. Parcel 9: (APN: 442-010-07) Section 11, Township 30 South, Range 34 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Except an undivided'/z interest in all oil, gas and hydrocarbon substances, within or underlying said land, as granted to J.C. Walser, also known as John Caswell Walser and Blanche Walser, husband and wife as joint tenants, in Deed recorded July 9, 1937 in Book 731, Page(s) 490 of Official Records. Parcel 10: (APN: 442-010-04) Fractional Section 1, Township 30 South, Range 34 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 11: (APN: 442-010-02) The South half of the South half of Fractional Section 2, Township 30 South, Range 34 East, Mount Diablo Base and Meridian, inthe un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Except an undivided''/1 interest in all oil, gas and hydrocarbon substances, within or underlying said land, as granted to J.C. Walser, also known as John Caswell Walser and Blanche Walser, husband and wife as joint tenants, in Deed recorded July 9, 1937 in Book 731, Page(s) 490 of Official Records. Parcel 12: (APN: 442-030-05) Section 13, Township 30 South, Range 34 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Exhibit B 2 LA11901486.4 Parcel 13: (APN: 442-030-03) Section 14, Township 30 South, Range 34 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Except all the coal and other minerals in the land so patented together with the right to prospect for, mine and remove the same pursuant to the provisions and limitations of the Act of December 29, 1916 (Stat. 862) as reserved by the United States of America in the Patent recorded December 24, 1923 in Book 22, Page(s) 19 of Official Records. Parcel 14: (APN: 443-010-02) Section '23,Township 30 South, Range 34 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 15: (APN: 444-010-01) Fractional Section 3, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 16: (APN: 444-010-04) Lots 1 and 2 of the Northeast quarter; and the South half of the Northeast quarter; and the Southeast quarter, of Fractional Section 2, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 17: (APN: 444.020-16) Fractional Section 7, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 18: (APN:444-020-14) The North half of the North half of Section 8, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Except and reserving to the United States, pursuant to the provisions of the Act of August 1,1946 (60 Stat. 755), all uranium, thorium or any other materials which is or may be determined to be peculiarly essential to the production of fissionable materials, whether or not of commercial value, together with the right of the United States through it's authorized agents or representatives at any time to enter upon the lands and prospect for, mine and remove the same as reserved in the Patent from the United States of. America, recorded April 27, 1949 in Book 1612, Page(s) 130 of Official Records. Parcel 19: (APN: 444-020-03) Fractional Section 5, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Exhibit B-3 LA\1901496.4 Parcel 20: (APN: 444-020-09) The West half of the Northeast quarter, the Southwest quarter of the Southeast quarter, and the West half of Section 9, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 21; (APN: 444-010-13) The North half of the Northeast quarter, the Southwest quarter of the Northeast quarter, the Southeast quarter of the Northwest quarter, the West half of the Southeast quarter, and the East half of the Southwest quarter, of Section 10, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 22: (APN: 444-030-06) The East half of the Southeast quarter, the Southwest quarter of the Southeast quarter of Section 14, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof, Parcel 23: (APN: 444-010-10) Section 11, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 24: (APN: 444-030-01) Section 15, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 25: (APN: 444-030-08) Section 13, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated Area County of Kern, State of California, according to the Official Plat thereof. Parcel26: (APN: 444-040-02) Section 17, Township 30 South, Range 35 East, Mount Diablo'Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel27: (APN: 444-040-09,11 and 13) The West half of the Northeast quarter, the East half of the Northeast quarter, the North half of the Southeast quarter, the South half of the Southeast quarter, and the Southwest quarter of Section 16, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 28: (APN: 444-040-15) Section 21, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Exhibit B-4 LA\1901486.4 Parcel 29: (APN: 444-030-11) Section 23, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 30: (APN: 444-060-05) The North half of Section 28, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 31: (APN: 444070-01 & 02) Fractional Section 3, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 32: (APN: 444-080-05) The North half of Fractional Section 5, Township 30 South, Range 36 East, Mount Diablo.Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 33: (APN: 444-080-06) The South half of Fractional Section 5, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 34: (APN: 444-080-11) The West half, and the Southwest quarter of the Southeast quarter of Section 8, Township 30 South,. Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 35: (APN: 444-080-09) Section 9, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 36: (APN: 444-080-01 & 02) Fractional Section 6, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 37: (APN: 444-080-13 & 15) Fractional Section7, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Exhibit B-5 ((� LA\1901486.4 Parcel 38: (APN: 444-090-01) Section 15, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 39: (APN: 444-100-04) The West half, the West half of the Northeast quarter, the Southeast quarter of the Northeast quarter, and the Southeast quarter, of Section 16, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 40: (APN: 444-100-02) Section 17, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 41: (APN 444-100-07) Section 21, Township 30 South, Range 36 East; Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 42: (APN: 444-100-10 & 11) Fractional Section 19, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 43: (APN: 444-090-07) 'Section 23, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 44: (APN: 444-110-03) Section 25, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Except a strip of land 200 feet wide granted to the City of Los Angeles by the Southern Pacific Land Company by Deed recorded March 13, 1920 in Book 346, Page(s) 421 of Deeds. Parcel 45: (APN: 444-110-08) Section 35, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 46: (APN: 444-110-06) The North half of the Northwest quarter, the Southwest quarter of the Northwest quarter, the West half of the Southwest quarter, the Southeast quarter of the Southwest quarter, and the East half of Section 3 6, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area; County of Kern, State of California, according to the Official Plat thereof. Exhibit B-6 LA%1901486.4 Parcel 47: (APN: 443-030-16) Section 25, Township 30 South, Range 34 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof Parcel 48: (APN: 444-010-08) Section 12, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 49: (APN: 444-040-18 & 19) Fractional Section 19, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 50: (APN: 444-050-04) Section 25, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to. the Official Plat thereof. Parcel 51: (APN: 444-050-01) Section 27, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 52: (APN: 444-060-03) Section 29, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 53: (APN: 444-060-08) Section 33, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 54: (APN: 444-120-06) The Southwest quarter of Section 28, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 55: (APN: 444-120-02) Section 29, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 56: (APN 444=010-06) Fractional Section 1, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Exhibit B-7 LA\1901486.4 j RECORDING R'- UE•STED BY C STEIYART Tt7lE RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Attn: E. Rose; I" V.P. Legal Department CIM Group, Inc. 6922 Hollywood Blvd., Suite 900 Los Angeles, CA 90028 COMFORMEU COPY DATE: /D--/7- 200 g INST.�:o�o gl � S 19� STF=' > ,f +,T TIT! TRANSMISSION EASEMENT THIS TRANSMISSION EASEMENT (this "Easement Agreement") is made as of October Ib, 20,08, by the CITY OF VERNON, a California chartered city ("Grantor"), to ReNu RESOURCES LLC, a Delaware limited liability company ("Grantee"), with reference to the following recitals: RECITALS A. Grantee owns that certain real property located in the unincorporated areas of Kern County, as described on Exhibit A attached hereto (the "Appurtenant Property"). B. Concurrent hereto, Grantee sold and conveyed to Grantor that certain real property located in the unincorporated areas of Kern County, as described on Exhibit B attached hereto (the "Transmission Easement Area"), pursuant to that certain Amended and Restated Purchase and Sale Agreement and Joint Escrow Instructions by and between- Grantor -and — Grantee and dated as of October 8, 2008 (the "PSA"). C. Pursuant to the conditions to closing under the PSA, Grantor desires to grant to Grantee and Grantee desires to accept from Grantor general easements in, over, across and through a portion of the Transmission Easement Area appurtenant to and benefiting the Appurtenant Property, on the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the foregoing recitals, the covenants hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor hereby declares as follows: 1. Easement. Grantor hereby grants to Grantee a non-exclusive easement and right-of-way appurtenant to and benefiting the Appurtenant Property located in, over, across and through the Transmission Easement Area (i) to permit Grantee to access and use electric power transmission lines of (collectively, the "Transmission Owners") the Los Angeles Department of Water and Power ("LADWP"), Southern California Edison ("SCE") and any other applicable transmission owner (the "Transmission Easement"), and (ii) to permit any other Permissible Uses (as defined in the PSA), in each case in a manner that is consistent with the Access Requirements (as defined below). For the purposes of this Easement Agreement, "Access Requirements" shall consist of the following: (x) any use of the Transmission Easement shall be subject to the reasonable conditions Grantor may impose from time to time, including requirements of security, safety, insurance, coordination and advance scheduling, and 1 [ A 1902182.4 indemnification; and (y) the use of the Transmission Easement shall not interfere in any material respect with Grantor's use of the Transmission Easement Area. 2. Effectiveness. Grantee shall have no right to use the Transmission Easement until Grantor and Grantee shall have (i) determined, identified and agreed to a preferred, specific route for the Transmission Easement within the Transmission Easement Area ("Specific Transmission Easement Route"), and (ii) entered into an Amended and Restated Transmission Easement, which shall amend and restate this Easement Agreement to, among other things, amend Exhibit A hereto to include only the Specific Transmission Easement Route and delete and release any extraneous portions of the Transmission Easement Area that are not part of the Specific Transmission Easement Route ("Amended and Restated Transmission Easement"), on such terms and conditions provided in.the PSA. Once Grantee and Grantor have agreed to the Specific Transmission Easement Route, Grantor and Grantee shall negotiate, execute and record the Amended and Restated Transmission Easement, which shall contain those provisionsrequiredpursuant to Section 2(c) of the PSA with respect to the "Seller Retained Specific Transmission Easement Agreement" referred to therein, including, without limitation: a. provisions permitting Permissible Uses; provided that the Permissible Uses shall be subject to the conditions and restrictions set forth in clauses (A) through (E) of Section 2(c)(ii) of the PSA, b, provisions providing for three separate one-time rights in favor of Grantee to designate, until the third anniversary of the earlier to occur. of (x) the date that Grantor notifies Grantee in writing that it will not exercise the Option (as defined in the PSA), or (y) the date that the Option (as defined in the PSA) lapses in accordance with its terms, alternate routes for the Specific Transmission Easement Route for interconnection with LADWP, SCE and one other Transmission Owner, if any, respectively, as provided in Section 2(c)(iii) of the PSA, subject to the last paragraph of Section 2(c)(v) of the PSA, C. provisions . providing for Grantee's right to request minor amendments to the Specific Transmission Easement Route to accommodate specific environmental or terrain concerns, as provided in Section 2(c)(iii) of the PSA, d. provisions providing for Grantor's right to request, and Grantee's duty to agree to, amendments to the Amended and Restated Transmission Easement to exclude portions of the Transmission Easement Area upon the terms and conditions of Section 2(d)(v) of the PSA, and ,e. a provision that, except as provided in the last sentence of clause (iii) of Section 2(c) of the PSA, the use of the Transmission Easement shall be at no additional cost paid by Grantee to Grantor, subject to Grantee's obligation to satisfy any indemnity obligation as part of the Access Requirements, all as provided in Section 2(c)(vi) of the PSA, and f. provisions providing for Grantor's right, at any time following the date hereof, to request that the Amended and Restated Transmission Easement, as the same may be amended or restated, be amended to exclude portions of the Transmission Easement Area on which Grantor will be constructing improvements or as to which Grantor otherwise has a need to 2 LAU 902182.4 clarify that the Transmission Easement could not lie upon such areas subject to such amendment request, as provided in Section 2(c)(iv) of the PSA. 3. Term. If the Amended and Restated Transmission Easement has not been executed and recorded on or before the Solar Permitting Date (as defined in the PSA) for reasons other than Grantor's default under the PSA, this Easement Agreement shall automatically expire and be of no further force or effect, and to confirm the same, Grantee shall execute, acknowledge where appropriate and deliver any reasonable documents submitted by Grantor to release this Easement Agreement. 4. Payment. Except. for the express reimbursement and indemnity obligations provided for herein or that may be provided for in the Amended and Restated Transmission Easement, no additional payment shall be required of Grantee for the Transmission Easement. 5. No Gift or Dedication. Nothing contained in this Easement Agreement shall be deemed to be a gift or dedication of any portion of the Transmission Easement Area to or for the general public or for any public use or purpose whatsoever, it being the intention of the parties that the Transmission Easement and rights granted in this Easement Agreement, as it may be amended or restated, shall be strictly limited to and for the purposes herein expressed with respect to private property solely for the benefit of the parties. 6. Mortagee Protection. No breach or violation of this Easement Agreement or of the restrictions provided herein shall render invalid the lien of any mortgage, deed of trust or similar instrument securing a loan made in goodfaith and for value with respect to any portion of the Transmission Easement Area, but all of the provisions of this Easement Agreement shall be binding upon and effective against any subsequent owner (including any mortgagee or beneficiary under a deed of trust) who acquires title to the Transmission Easement Area or any portion thereof, by foreclosure, trustee's . sale, deed in lieu of foreclosure, or otherwise. 7. Governing Law. This Easement Agreement shall be governed by and construed in accordance with the laws of the State of California. 8. Successors and Assigns; Covenants Running with the Land. This Easement Agreement is binding upon and shall inure to the benefit of the parties and their respective successors and assigns, tenants, invitees and licensees. All of the provisions of this Easement Agreement shall be enforceable as equitable servitudes and constitute covenants running with the land pursuant to applicable law, including, without limitation, Section 1457 et. seq. of the California Civil Code. 9. Severability. If any provision of this Easement Agreement is prohibited or held to be invalid, illegal or unenforceable for any reason, the parties hereto agree to the fullest extent permitted by law that (a) the validity, legality and enforceability of the other provisions shall not be affected or impaired thereby and (b) the parties hereto shall endeavor in good faith negotiations to replace the invalid or unenforceable provisions with valid and 3 LA\1902182.4 enforceable provisions, the economic effect of which comes as close as possible to that of the invalid or unenforceable provisions. 10. Complete Understanding. This Easement Agreement, together with the referenced provisions of the PSA, constitute the entire understanding between the parties with respect to the subject matter hereof, superseding all negotiations, prior discussions, and preliminary agreements or understandings, written or oral. This Easement Agreement may not be amended except in writing by the parties hereto or their successors. 11. Article Headings. Article headings in this Easement Agreement are for convenience only and are not intended to be used in interpreting or construing the terms, covenants and conditions of this Easement Agreement. 12. Recordation of the Easement. Grantee shall accept this Easement Agreement and cause the same to be recorded in the office of the Kern County Recorder. 13. Remedies. In the event of any breach or threatened breach of any provision: of this Easement Agreement, the parties hereto may prosecute any proceedings at law or in equity to enjoin such breach or threatened. breach and to recover damages for any such breach. The remedies permitted or available pursuant to the provisions of this. Easement Agreement shall be cumulative and in addition to any rights or remedies available at law or in equity. 14. Indemnification. Grantee shall indemnify, defend and hold Grantor, and its officers, employees and agents (collectively, with Grantor, the "Indemnified Parties and each of them, individually, an "Indemnified Party") harmless from and against any and all losses, claims, demands, costs, expenses, liens, fines, penalties, ,liabilities; judgments and damages resulting directly from Grantee's exercise of any rights granted to Grantee under this Easement Agreement, provided that Grantee shall not be required to indemnify or hold the Indemnified Parties harmless from and against any loss, claim, demand, cost, expense, lien, fine, penalty, liability, judgment or damages arising from the willful or gross negligent acts or omissions of any Indemnified Party. [Remainder of Page Intentionally Left Blank] 4 LA\I902I82.4 IN WITNESS WHEREOF, Grantor and Grantee have executed this Easement Agreement as of the date first set forth above. GRANTOR: CITY OF VERNON, a California chartered city By: Name: Hilari0 Go zales Title: Mayor Pro-Tem GRANTEE: ReNu RESOURCES, LLC, a Delaware limited liability company By: Name: Title: LA\1902182 ATTEST: By: C-i- N :Kristen Enomo 0 Title: Deputy City Clerk APPROVED AS TO FORM: By: r ritle e: ff A. Harrison :City Attorney IN WITNESS WHEREOF, Grantor and Grantee have executed this Easement Agreement as of the date first set forth above. GRANTOR: CITY OF VERNON, ATTEST: a California chartered city By: Name: Title: GRANTEE: ReNu RESOURCES, LLC, a Delaware limited liability company Bv: Name: Nicholas V. Morosoff Title: Secretary LA\1902182.4 By: Name: Title: APPROVED AS TO FORM: By: Name: Title: State of California } County of LA 5 C ) On Iry h qr_ , t before mp, ► Y I t personally appeared I1d1(&('5 (� (� S who proved to me on the basis of sakisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. i MARIsoL TRUJIuo Comm) W1 # 1654907 Notary Publia • CaUfo"o Los W (Sl) Comm.. EvIresApr 18, 201 Signatur ea State of California ) County of LAt On " Nu'b i before rn, jVjff11Ak personally appeared to who proved to me on the, basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal, tiAAR150L mu>— C0MI alon # 1664907 Notary Publle - C011fomla Low Angeles County MYCornm. EXPIMAP 18, 201 Signatur (Seal) EXHIBIT A TO TRANSMISSION EASEMENT LEGAL DESCRIPTION OF APPURTENANT PROPERTY EASTERN SOLAR LAND Parcel 1: (APN 153-140-05) Section 9, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the unincorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 2: (APN: 153-140-07) The East half of Fractional Section 7, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 3: (APN: 153-140-08) The West half of Fractional Section 7, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 4: (APN: 153-130-05) Section 11, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 5: (APK: 153-150-02) The Northeast quarter, the East half of the Northwest quarter, the Northwest quarter of the Northwest . quarter, the North half of the Southeast quarter, and the Southeast quarter of the Southeast quarter of Section 15, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 6: (APN: 153-150-04) Section 13, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 7: (APN: 153-160-02) Section 17, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Exhibit A-1 LA\1902182.4 Parcel 8: (APN: 153-160-06) The Northeast quarter, the Northeast quarter of the Southeast quarter, the Northeast quarter of the Northwest quarter, and Lots 1 and 2, of Fractional Section 19, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 9: (APN: 153-160-04) Section 21, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of -California, according to the Official Plat thereof. Parcel 10: (APN: 153-150-06) The East half of the East half, the Southwest quarter of the Southeast quarter, and the South half of the Southwest quarter, of Section 23, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 11: (APN: 153-170-03) Section 25, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 12: (APN: 153-170-04) The Northwest quarter of the Northwest quarter, the East half of the Northwest quarter, the Northeast quarter, and the South half of Section 36, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Except all oil, gas, oil shale, coal, phosphate, sodium, gold, silver and all other mineral deposits contained in said land, and further reserving to the State of California and persons authorized by the State, the right to drill for and extract such deposits of oil and gas, or gas, and to prospect for, mine and remove such deposits of other minerals from said land and to occupy and use so much of the surface of said land as may be required therefor, upon compliance with the conditions and subject to the provisions and limitations of Chapter 5, Part I, Division 6 of the Public Resources Code, as reserved in Patent recorded June 10, 1958 in Book 2962, Page(s) 503 of Official Records. Parcel 13: (APN: 153-240-14) The Southwest quarter of Section 29, Township 29 South, Range 37 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Except a strip of land 200 feet wide granted to the City of Los Angeles, by Deed recorded March 13, 1920 in Book 346, Page(s) 421 of Deeds. Also except that portion of said Southwest quarter, granted to the City of Los Angeles by Deed recorded September 20, 1973, in Book 4804, Page(s) 2459 of Official Records. I� Exhibit A-2 LA\1902182.4 Parcel 14: (APN: 153-240-12), Section 31, Township 29 South, Range 37 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Except a strip of land 200 feet wide granted to the City of Los Angeles, by Deed recorded March 13, 1920, in Book 346, Page(s) 421 of Deeds. Also except that portion of said section, granted to the City of Los Angeles by Deed recorded September 20, 1973 in Book 4804, Page(s) 2459 of Official Records. Parcel 15: (APN: 153-240-16) The South half of the Northwest quarter, the Southwest quarter of the Northeast quarter, the West half of the Southeast quarter, and the Southwest quarter, of Fractional Section 33, Township 29 South, Range 37 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Except a strip of land 250 feet wide granted to the City of Los Angeles, by Deed recorded September 20, 1973 in Book 4804, Page(s) 2456 of Official Records. Parcel 16: (APN: 181-020-02) Fractional Section 5, Township 30 South, Range 37 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 17: (APN: 181-020-13) Fractional Section 9, Township 30 South, Range 37 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to'the Official Plat thereof. Except a strip of land 250 feet wide granted to the City of Los Angeles, by Deed recorded September 20, 1973 in Book 4804, Page(s) 2456 of Official Records. Parcel 18: (APN 444-070-05) The North half, and the Southwest quarter of Fractional Section 1, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the unincorporated area, County of Kern, State of California, according to the Official Plat thereof. Exhibit A-3 LA\1902182.4 WESTERN SOLAR LAND Parcel 19: (APN: 153-070-02) Lots I and 2 of the Northeast quarter, the East half of Lot 2. of the Northwest quarter, the North half of the Southeast quarter, and the Southeast quarter of the Southeast quarter, of Fractional Section 3, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 20: (APN: 153-070-03) The Southwest quarter of the Southwest quarter of Fractional Section 3, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 21: (APN: 153-070-07) Section 11, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 22: (APN: 153-080-08) Lots 1 and 2 of the Northeast quarter, and the Southeast quarter of Fractional Section 5, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 23: (APN: 153-080-02) Lots 1 and 2 of the Northwest quarter, and the Southwest quarter of Fractional Section 5, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official�Plat thereof. Parcel 24: (APN: 153-080-05) The Southeast quarter of Section 8, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of -California, according to the Official Plat thereof. Parcel 25: (APN: 153-080-04) Section 9, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel26: (APN: 153-090-01) Section 15, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. . Exhibit A-4 LA\1902182.4 Parcel 27: (APN: 153-090-03) Section 13, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 28: (APN: 153-100-03) Section 17, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 29: (APN: 153-100-10) Section 21, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 30: (APN: 153-090-05) Section 23, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 31: (APN: 153-110-03) Section 25, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel32 (APN:153-110-01) Section 27, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 33: (APN: 153-120-02) Section 29, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel34: (APN: 153-120-04) The North half of the Northeast quarter, and the Northeast. quarter of the Northwest quarter of Section 28, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 35: (APN: 153-120-07) The East half of the Northeast quarter, the Northwest quarter of the Northeast quarter, the East half of the Southeast quarter, and the West half of Section 33, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the, Official Plat thereof. Exhibit A-5 LA\1902182.4 EASEMENT PARCELS Parcel 36: (APN: 153-170-01)' Section 27, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 37: (APN: 153-180-12) The East half of the Southeast quarter of Section 28, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern., State of California, according to the Official Plat thereof. Except 1/16 h of all coal, oil, gas and other mineral deposits contained in said lands as reserved by an Act of the Legislature approved May 25, 1921 (Chap. 303, Statutes,,1921), as reserved in the State of California, in Patent recorded March 29, 1923 in Book 484, Page(s) 42 of Official Records. Parcel 38: (APN: 153-180-02) The North half of the Northeast quarter of Section 29, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof Parcel 39: (APN: 153-180-04) The Southwest quarter of the Southeast quarter, and the Southwest quarter of Section 29, Township 29 ` \ South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof Parcel 40: (APN: 153-170-06) Fractional Section 35, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 41: (APN: 181-020-11) Fractional Section 7, Township 30 South, Range 37 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Except a strip of land 200 feet wide, granted to the City of Los Angeles by Deed recorded March 13, 1920 in Book 346, Page(s) 421 of Deeds. Also except that portion of said section, granted to the City of Los Angeles by Deed recorded September 20, 1973 in Book 4804, Page(s) 2459 of Official Records. Parcel42: (APN: 181-080-32) Fractional Section 17, Township 30 South, Range 37 East, Mount Diablo Base and Meridian; in the un- incorporated area, County of Kern, State.of California, according to the Official Plat thereof. Exhibit A-6 LA\1902182.4 Except a strip of land 200 feet wide granted to the City of Los Angeles, by Deed recorded September 20, 1973 in Book 4804, Page(s) 2459 of Official Records. Parcel 43: (APN: 181-080-11) The East half of the Southeast quarter of the Northwest quarter, Lots 1, 2, 3 and 4, and the East half of the Southwest quarter of Fractional Section 19, Township 30 South, Range 37 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Except a strip of land 200 feet wide, granted to the City of Los Angeles, by Deed recorded July 21, 1921 in Book 366, Page(s) 229 of Deeds. Parcel 44: (APN: 181-080-30) The North half of the Northeast quarter, the Southwest quarter of the Northeast quarter, the Northwest quarter, and the South half of Section 21, Township 30 South, Range 37 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Except a strip of land 250 feet wide, granted to the City of Los Angeles, by Deed recorded September 20, 1973 in Book 4804, Page(s) 2456 of Official Records. Also except a strip of land 200 feet wide as granted to the City of Los Angeles by Deed recorded September 20, 1973 in Book 4804, Page(s) 2459 of Official Records. Parcel 45: (APN: 181-190-02) The Northwest quarter and the South half of Section29, Township 30 South, Range 37 East, Mount Diablo Base and Meridian, in the un-incorporated. area, County of Kern, State of California, according to the Official Plat thereof. Parcel 46: (APN: 442-020-20) Section 9, Township 30 South, Range 34 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California,. according to the Official Plat thereof. Except an undivided %z interest in all oil, gas and hydrocarbon substances, within or underlying said land, as granted to J.C. Walser, also known as John Caswell Walser and Blanche Walser, husband and wife as joint tenants, in Deed recorded July 9, 1937 in Book 731, Page(s) 490 of Official Records. Parcel 47: (APN: 442-010-10) The South half of the South half of Section 10, Township 30 South, Range 34 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Except an undivided %2 interest in all oil, gas and hydrocarbon substances, within or underlying said land, as granted to J.C. Walser, also known as John Caswell Walser. and Blanche Walser, husband and wife as joint tenants, in Deed recorded July 9, 1937 in Book 731, Page(s) 490 of Official Records. Exhibit A-7 LA\1902182.4 Parcel 48: (APN: 442-030-01) Section 15, Township 30 South, Range 34 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 49: (APN: 442-040-01) The West half of the Southeast quarter, and the East half of the Southwest quarter of Section 18, Township 30 South, Range 34 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 50: (APN: 444-070-09) Section 11, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 51: (APN: 444-090-04) Section 13, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official PIat thereof. Parcel 52: (APN 153-051-03) Section 25, Township 29 South, Range 34 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 53: (APN 153-070-05) Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11, the Southwest quarter of the Northeast quarter,; the West half of the Southeast quarter, and the Southwest quarter of Fractional Section 1, Township 29 south, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 54: (APN 153-100-13) The East half of Section 19; Lot 1 of the Northwest quarter, the North Half of Lot 2 of the Northwest quarter; and Lots 1 and 2 of the Southwest quarter of Fractional Section 19, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 55; (APN 153-130-03) Fractional Section 1, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kem, State of California, according to the Official Plat thereof. Parcel 56: (APN 153-030-05) Section 13, Township 29 South, Range 34 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Exhibit A-8 LA\1902182.4 Parcel 57: (APN 153-130-01) Fractional Section 3, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Exhibit A-9 LA\19021$2.4 EXHIBIT B TO TRANSMISSION EASEMENT LEGAL DESCRIPTION OF TRANSMISSION EASEMENT AREA Parcel 1.: (APN: 153-120-10 & 11) The East half, Lots 1 and 2 of the Northwest quarter, and Lots 1 and 2 of the Southwest quarter of Fractional Section 31, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 2: (APN: 153-110-04) Section 36, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Except all oil, gas, oil shale, coal, phosphate, sodium, gold, silver and all other mineral deposits contained in said land, and further reserving to the State of California and persons authorized by the State, the right to drill for and extract such deposits of oil and gas, or gas, and to prospect for, mine and remove such deposits of other minerals from said land and to occupy and use so much of the surface of said land as may be required therefore, upon compliance with the conditions and subject to the provisions and limitations of Chapter 5, Part I, Division 6 of the Public Resources Code, as reserved in Patent recorded June 10, 1958 in Book 2962, Page(s) 503 of Official Records. Parcel 3: (APN: 153-110-05) Section 35, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 4: (APN: 153-180-09) The East half of Fractional Section 31, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 5: (APN: 153-180-10) The West half of Fractional Section 31, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 6: (APN: 181-190-14) The East half of Fractional Section 31, Township 30 South, Range 38 East, Mount Diablo Base and Meridian, in the tin -incorporated area, County of Kern, State of California, according to the Official Plat thereof. Exhibit B-I LA\1902182.4 Parcel 7: (APN: 181-190-15) The West half of Fractional Section 31; Township 30 South, Range 37 East, Mount Diablo -Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 8: (APN: 181-190-16) Fractional Section 36, Township 30 South, Range 36'/z East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. - Except all oil, gas, oil shale, coal, phosphate, sodium, gold, silver and all other mineral deposits contained in said land, and further reserving to the State of California and persons authorized by the State, the right to drill for and extract such deposits of oil and gas, or gas, and to prospect for, mine and remove such deposits of other minerals from said land and to occupy and use so much of the surface of said land as may be required therefor, upon compliance with the conditions and subject to the provisions and limitations of Chapter 5, Part I, Division 6 of the Public Resources Code, as reserved in Patent recorded July 29, 1959 in. Book 3170, Page(s) 179 of Official Records. Parcel 9: (APN: 442-010-07) Section 11, Township 30 South, Range 34 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Except an undivided % interest in all oil, gas and hydrocarbon substances, within or underlying said land, as granted to J.C. Walser, also known as John Caswell Walser and Blanche Walser, husband and wife as joint tenants, in Deed recorded July 9, 1937 in Book 731, Page(s) 490 of Official Records. Parcel 10: (APN: 442-010-04) Fractional Section 1, Township 30 South, Range 34 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 11: (APN: 442-010-02) The South half of the South half of Fractional Section 2, Township 30 South, Range 34 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Except an undivided '/Z interest in all oil, gas and hydrocarbon substances, within or underlying said land, as granted to J.C. Walser, also known as John Caswell Walser and Blanche Walser, husband and wife as joint tenants, in Deed recorded July 9, 1937 in Book 731, Page(s) 490 of Official Records. Parcel 12: (APN: 442-030-05) Section 13, Township 30 South, Range 34 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Exhibit B-2 LA\1902182.4 Parcel 13: (APN: 442-030-03) Section 14, Township 30 South, Range 34 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Except all the coal and other minerals in the land so patented together with the right to prospect for, mine and remove the same pursuant to the provisions and limitations of the Act of December 29, 1916 (Stat. 862) as reserved by the United States of America in the Patent recorded December 24, 1923 in Book 22, Page(s) 19 of Official Records. Parcel 14: (APN: 443-010-02) Section 23, Township 30 South, Range 34 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 15: (APN: 444-010-01) Fractional Section 3, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 16: (APN: 444-010-04) Lots 1 and 2 of the Northeast quarter; and the South half of the Northeast quarter; and the Southeast quarter, of Fractional Section 2, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 17: (APN: 444-020-16) Fractional Section 7, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 18: (APN: 444-020-14) The North half of the North half of Section 8, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Except and reserving to the United States, pursuant to the provisions of the Act of August 1, 1946 (60 Stat. 755), all uranium, thorium or any other materials which is or may be determined to be peculiarly essential to the production of fissionable materials, whether or not of commercial value, together with the right of the United States through it's authorized agents or representatives at any time to enter upon the lands and prospect for, rune and remove the same as reserved in the Patent from the United States of America, recorded April 27, 1949 in Book 1612, Page(s) 130 of Official Records. ' Parcel 19: (APN: 444-020-03) Fractional Section 5, Township 30 South„ Range 35 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Exhibit B-3 LA\1902162.4 Parcel 20: (APN: 444-020-09) The West half of the Northeast quarter, the Southwest quarter of the Southeast quarter, and the West half of Section 9, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 21: (APN: 444-010-13) The North half of the Northeast quarter, the Southwest quarter of the Northeast quarter, the Southeast quarter of the Northwest quarter, the West half of the Southeast quarter, and the East half of the Southwest quarter, of Section 10, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 22: (APN: 444-030-06) The East half of the Southeast quarter, the Southwest quarter of the Southeast quarter of Section 14, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 23: (APN: 444-010-10) Section 11, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 24: (APN: 444-030-01) Section 15, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 25: (APN: 444-030-08) Section 13, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated Area County of Kern, State of California, according to the Official Plat thereof. Parcel 26: (APN: 444-040-02) Section 17, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 27: (APN: 444-040-09, 11 and 13) The West half of the Northeast quarter, the East half of the Northeast quarter, the North half of the Southeast quarter, the South half of the Southeast quarter, and the Southwest quarter of Section 16, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 28: (APN: 444-040-15) Section 21, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kem, State of California, according to the Official Plat thereof. Exhibit B-4 LA\1902182.4 Parcel 29: (APN: 444-030-11) Section 23, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 30: (APN: 444-060-05) The North half of Section 28, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 31: (APN: 444-070-01 & 02) Fractional Section 3, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 32: (APN: 444-080-05) The North half of Fractional Section 5, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 33: (APN: 444-080-06) The South half of Fractional Section 5, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel34: (APN: 444-080-11) The West half, and the Southwest quarter of the Southeast quarter of Section 8, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. a Parcel 35: (APN: 444-080-09) Section 9, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 36: (APN: 444-080-01 & 02) Fractional Section 6, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 37: (APN: 444-080-13 & 15) Fractional Section 7, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Exhibit B-5 LA\1902182.4 Parcel 38: (APN: 444-090-01) Section 15, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 39: (APN: 444-100-04) The West half, the West half of the Northeast quarter, the Southeast quarter of the Northeast quarter, and the Southeast quarter, of Section 16, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 40: (APN: 444-100-02) Section 17, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 41: (APN 444-100-07) Section 21, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 42: (APN: 444-100-10 & 11) Fractional Section 19, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 43: (APN: 444-090-07) Section 23, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 44: (APN: 444-110-03) Section 25, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Except a strip of land 200 feet wide granted to the City of Los Angeles by the Southern Pacific Land Company by Deed recorded March 13, 1920 in Book 346, Page(s) 421 of Deeds. Parcel 45: (APN: 444-110-08) Section 35, Township 30 South, Range 36 East, Mount Diablo Base and. Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 46: (APN: 444-110-06) The North half of the Northwest quarter, the Southwest quarter of the Northwest quarter, the West half of the Southwest quarter, the Southeast quarter of the Southwest quarter, and the East half of Section 36, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Exhibit 13-6 LA\1902182.4 Parcel 47: (APN: 443-030-16) Section 25, Township 30 South, Range 34 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California; according to the Official Plat thereof Parcel 48: (APN: 444-010-08) Section 12, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 49: (APN: 444-040-18 & 19) Fractional Section 19, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kem, State of California, according to the Official Plat thereof. Parcel 50: (APN: 444-050-04) Section 25, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 51: (APN: 444-050-01) Section 27, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof Parcel 52: (APN: 444-060-03) Section 29, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 53: (APN: 444-060-08) Section 33, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 54: (APN: 444-120-06) The Southwest quarter of Section 28, Township 30 South, Range 36East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 55: (APN: 444-120-02) Section 29, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 56: (APN: 444-010-06) Fractional Section 1, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Exhibit B-7 LA\1902182.4 RECORDING REQUESTED BY STEWART TITLE '10 " k " 0 rN, I OF I Vi RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: COPY The City of Vernon DATE: D —1 7—ZPOi 4305 Santa Fe Avenue INST.#: Vernon, California 90058 STE11'.1ART -r',T!.,E Attention: Jeff Harrison, Esq., City Attorney ACCESS EASEMENT AND LICENSE AGREEMENT THIS ACCESS EASEMENT AND LICENSE AGREEMENT (this "Agreement") is made as of October Llo, 2008, by ReNu RESOURCES LLC, a Delaware limited liability company ("Grantor"), to the CITY OF VERNON, a California chartered city ("Grantee"), with reference to'the following recitals: RECITALS A. Grantor owns that certain real property located in the unincorporated areas of Kern County, as described on Exhibit A attached hereto (the "Access Easement Area"). B. Grantor owns that certain real property located in the. unincorporated areas of Kern County, as described on Exhibit B attached hereto (the "License Area"). C. Concurrent hereto, Grantor sold and conveyed to Grantee that certain real property located in the unincorporated areas of Kern County, as described on Exhibit C attached hereto, ("Appurtenan t Property"), pursuant to that certain Amended and Restated Purchase and Sale Agreement and Joint Escrow Instructions by and between Grantor and Grantee and dated As of October 8, 2008 (the "PSA"). D. Pursuant to the conditions to closing under the PSA, Grantor desires to grant to Grantee and Grantee desires to accept from Grantor (i) general casements in, over, across and through a portion of the Access Easement Area appurtenant to and benefiting the Appurtenant Property,, on the terms and conditions set forth herein, and (ii) an irrevocable, non-exclusive license to access the License Area for the purpose of conducting studies, investigations and tests thereon, and the physical components thereof, on the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the foregoing recitals, the covenants hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor hereby declares as follows: I Easement. Grantor hereby grants to Grantee a non-exclusive easement and right-of-way appurtenant to and benefiting the Appurtenant Property located in, over, across and through the Access Easement Area to permit Grantee, (I ) to access utilities, and (2) to access (or, with the consent of Grantor not to be unreasonably withheld,- construct) roads of any type (dirt, gravel or paved), in each case in a manner that is consistent with the Access Requirements (defined below), but only to the extent that any such access cannot reasonably be provided (including taking into account materially increased costs to Grantee suiting from using the resulting LA\1902133.5 Appurtenant Property to access the relevant utilities or constructing roads on the Appurtenant Property to access the relevant utilities over the costs that would be incurred from using the Access Easement Area) on the Appurtenant Property or within or adjacent to the WL Specific Transmission Easement Route (as defined in the PSA) (the "Access Easement"). For the purposes of this Agreement, "Access Requirements" shall consist of the following: (x) any use of the Access Easement or the License (as defined below) shall be subject to the reasonable conditions Grantor may impose from time to time, including requirements of security, safety, insurance, coordination and advance scheduling, and indemnification; and (y) the use of the Access Easement or the License shall not interfere in any material respect with Grantor's use of the Access Easement Area or the License Area, as applicable. 2. License. Grantor hereby grants to Grantee an irrevocable, non-exclusive license to access the License Area for the purpose of conducting studies, investigations and tests thereon, and the physical components thereof, to the extent reasonably related to Grantee's development of the Appurtenant Property, in each case in a manner that is consistent with the Access Requirements (collectively, the "License"). 3. ' Effectiveness. Grantee shall have no right to use the Access Easement until Grantor and Grantee shall have (i) determined, identified and agreed to specific locations for the Access Easement within the Access Easement Area ("Specific Access Easement Locations"), and (ii) entered into an Amended and Restated Access Easement and License Agreement, which shall amend and restate this Agreement to, among other things, amend Exhibit A hereto to include only the Specific Access Easement Locations and delete and release any extraneous portions of the Access Easement Area that are not part of the Specific Access Easement Locations ("Amended and Restated Access Easement and License Agreement"), on such terms and conditions provided in the PSA. Once Grantee and Grantor have agreed to the Specific Access Easement Locations, Grantor and Grantee shall negotiate, execute and record the Amended and Restated Access Easement and License Agreement, which shall contain those provisions required pursuant to Section 1(e) of the PSA with respect to the "WL Specific Miscellaneous Easement Agreement" referred to therein, including, without limitation, (i) the conditions and restrictions set ,forth in clauses (A) through (D) of Section 1(e)(ii) of the PSA; (ii) provisions providing for Grantor's right, at any time following the date hereof, to request that the Amended and Restated Access Easement and License Agreement, as the same. may be amended or restated, be amended to exclude portions of the Access Easement Area on which Grantor will be constructing improvements or as to which Grantor otherwise has a need to clarify that the Access Easement could not lie upon such areas subject to such amendment request, as provided in Section 1(e)(iii) of the PSA; and (iii) a provision that the use of the Access Easement shall be at no additional cost paid by Grantee to Grantor, subject to Grantee's obligation to satisfy any indemnity obligation as part of the Access Requirements, all as provided in Section 1(e)(iv) of the PSA. 4. Term. If the Amended and Restated Access Easement and License Agreement has not been executed and recorded on or before the Wind Permitting Date (as defined in the PSA) for reasons other than Grantor's default under the PSA, Grantee shall execute, acknowledge where appropriate and deliver any reasonable documents submitted by Seller to release and reconvey the Access Easement. The License shall expire on the first anniversary of the date of commencement of commercial operation of the Wind Project (as 2 LA\1902133.5 defined in the PSA), and Grantee shall execute, acknowledge where appropriate and deliver any reasonable documents submitted by Seller to release and reconvey the License. following its expiration. 5. Payment. Except for the express reimbursement and indemnity obligations provided for herein or that may be provided for in the Amended and Restated Access Easement and License Agreement, no additional payment shall be required of Grantee for the Access Easement or the License. 6. No Gift or Dedication. Nothing contained in this Agreement shall be deemed to be a gift or dedication of any portion of the Access Easement Area or the License Area to or for the general, public or for any public use or purpose whatsoever, it being the intention of the parties that the Access Easement, the License and rights granted in this Agreement, as it may be amended or restated, shall be strictly limited to and for the purposes herein expressed with respect to private property solely for the benefit of the parties. 7. Mortgagee Protection. No breach or violation of this Agreement or of the restrictions provided herein shall render invalid the lien of any mortgage, deed of trust or similar instrument securing a loan made in good faith and for value with respect to any portion of the Access Easement Area or the License Area, but all of the provisions of this Agreement shall be binding upon and effective against any subsequent owner (including any mortgagee or beneficiary under a deed of trust) who acquires title to the Access Easement Area or the License Area, or any portion thereof, by foreclosure, trustee's sale, deed in lieu of foreclosure, or otherwise. 8. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 9. Successors and Assigns: Covenants Running with the Land. This Agreement is binding. upon and shall inure to the benefit of the parties and their respective successors' and assigns, tenants, invitees and licensees. All of the provisions of this Agreement shall be enforceable as equitable servitudes and constitute covenants running with the land pursuant to applicable law, including, without limitation, Section .1457 et. seq. of the California Civil Code. 10. Severability. If any provision of this Agreement is prohibited or held to be invalid, illegal or unenforceable for any reason, the parties hereto agree to the fullest extent permitted by law that (a) the validity, legality and enforceability of the other provisions shall not be affected or impaired thereby and (b) the parties hereto shall endeavor in good faith negotiations to replace the invalid or unenforceable provisions with valid and enforceable provisions, the economic effect of which comes as close as possible to that of the invalid or unenforceable provisions. 11. Complete Understanding. This Agreement, together with the referenced provisions of the PSA, constitute the entire understanding between the parties with respect to the subject matter hereof, superseding all negotiations, prior discussions, and preliminary 3 LA\1902133.5 agreements or understandings, written or oral. This Agreement may not be amended except in writing by the parties hereto or their successors. 12. Article Headinss. Article headings in this Agreement are for convenience only and are not intended to be used in interpreting or construing the terms, covenants and conditions of this Agreement. 13. Recordation of the Easement. Grantee shall accept this Agreement and cause the same to be recorded in the office of the Kern County Recorder. 14. Remedies. In the event of any breach or threatened breach of any provision of this Agreement; the parties hereto may prosecute any proceedings at law or in equity to enjoin such breach or threatened breach and to recover damages for any such breach. The remedies permitted or available pursuant to the provisions of this Agreement shall be cumulative and in addition to any rights or remedies available at law or in equity. 15. Indemnification. Grantee shall indemnify,, defend and hold Grantor, and its officers, employees and agents (collectively, with Grantor, the "Indemnified Parties and each of them, individually, an "Indemnified Party") harmless from and against any and all losses, claims, demands, costs, expenses, liens, fines, penalties, liabilities, judgments and damages resulting directly from Grantee's exercise of any rights granted to Grantee under this Agreement, provided that: Grantee shall not be required to indemnify or hold the Indemnified Parties harmless from and against any loss, claim, demand, cost, expense, lien, fine, penalty, liability, judgment or damages arising from the willful or gross negligent acts or omissions of any Indemnified Party. [Remainder of Page Intentionally Left Blank] 4 LA\1902133.5 IN WITNESS WHEREOF, Grantor and Grantee have executed this Access Easement and License Agreement as of the date first set forth above. GRANTOR: ReNu RESOURCES, LLC, a Delaware limited liability company B y. ,�- C Name: Nicholas V. Morosoff Title: Secretary GRANTEE: CITY OF VERNON, ATTEST: a California chartered city 'By: Name: Title: By: Name: Title: APPROVED AS TO FORM: By: Name: Title: C i LA\1902133.5 IN WITNESS WHEREOF, Grantor and Grantee have executed this Access Easement and License Agreement as of the date first set forth above. GRANTOR: ReNu RESOURCES, LLC, a Delaware limited liability company By: Name: Title: GRANTEE: CITY OF VERNON, ATTEST: a California chartered city By: ��� BY: i4— Name:Hilario' Gonzales Na e:Kristen E omoto Title: Mayor Pro-Tem Title: Deputy City Clerk APPROVED AS TO FORM: By: e: ff A. Harrison ff :City Attorney LAA 902133 State of California Countv of / S AA AS 571 personally appeared ni,1(11Ar1 o 1(�Fon al PS u , who proved to me on the basis of satisfactory evidence to 1 e the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. MARISOL TRUJILLO commission # 1654907 �b Notary Public - confomla Los Signature ` (Seal) MYCom EeleG3�18,201 r STATE OF CALIFORNIA COUNTY OF LOS ANGELES On October 15, 2008, before me, Ellen Jo Rose, a Notary Public, personally appeared Nicholas V. Morosoff, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS y h and icial seal. By:; Ellen Jo Rose, Notary Public SEAL u ELLEN JO ROSE Commission # 1620364 a Qbmycorrmwesoctia Notary Public — California Los Angeles County County EXHIBIT A' TO ACCESS EASEMENT AND LICENSE AGREEMENT LEGAL DESCRIPTION OF ACCESS EASEMENT AREA EASTERN SOLAR LAND Parcel 1: (APN 153440-05) Section 9, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the unincorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 2: (APN: 153-140.07) The East half of Fractional Section 7, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 3: (APN: 153-140-08) The West half of Fractional Section 7, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 4: (APN: 1153-130-05) Section 11, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 5: (APN: 153-150-02) The Northeast quarter, the East half of the Northwest quarter, the Northwest quarter of the Northwest quarter, the North half of the Southeast quarter, and the Southeast quarter of the Southeast quarter of Section 15, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 6: (APN: 153-150-04) Section 13, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 7: (APN: 153-160-02) Section 17, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Exhibit A-1 LA\ 1902133.5 Parcel 8: (APN: 153-160-06) The Northeast quarter, the Northeast quarter of the Southeast quarter, the Northeast.quarter of the Northwest quarter, and Lots 1 and 2, of Fractional Section 19, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated. area, County of Kern, State of California, according to the Official Plat thereof. Parcel9 (APN: 153-160-04) Section 21, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 10: (APN: 153-150-06) The East half of the East half, the Southwest quarter of the Southeast quarter, and the South half of the Southwest quarter, of Section 23, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 11: (APN: 153-170-03) Section 25, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel12: (APN: 153-170-04) The Northwest quarter of the Northwest quarter, the East half of the Northwest quarter, the Northeast quarter, and the South half of Section 36, Township 29 South, Range 36 East, Mount Diablo. Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Except all oil, gas, oil shale, coal, phosphate, sodium, gold, silver and all other mineral deposits contained in said land, and further reserving to the State of California and persons authorized by the State, the right to drill for and extract such deposits of oil and gas, or gas, and to prospect for, mine and remove such deposits of other minerals from said land and to occupy and use so much of the surface of said land as may be required therefor, upon compliance with the conditions and subject to the provisions and limitations of Chapter 5, Part I, Division 6 of the Public Resources Code, as reserved in Patent recorded June 10, 1958 in Book 2962, Page(s) 503 of Official Records. Parcel 13: (APN: 153-240-14) The Southwest quarter of Section 29, Township 29 South, Range 37 East, Mount Diablo Base and Meridian, in the. un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Except a strip of land 200 feet wide granted to the City of Los Angeles, by Deed recorded March 13, 1920 in Book 346, Page(s) 421 of Deeds. Also except that portion of said Southwest quarter, granted to the City of Los Angeles by Deed recorded September 20, 1973, in Book 4804, Page(s) 2459 of Official Records. Exhibit A 2 LA\1902133.5 Parcel 14: (APN: 153-240-12) Section 31, Township 29 South, Range 37 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Except a strip of land 200 feet wide granted to the City of Los Angeles, by Deed recorded March 13, 1920, in Book 346, Page(s) 421 of Deeds. Also except that portion of said section, granted to the City of Los Angeles by Deed recorded September 20, 1973 in Book 4804, Page(s) 2459 of Official Records. Parcel 15: (APN: 153-240-16) The South half of the Northwest quarter, the Southwest quarter of the Northeast quarter, the West half of the Southeast quarter, and the Southwest quarter, of Fractional Section 33, Township 29 South, Range 37 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Except a strip of land 250 feet wide granted to the City of Los Angeles, by Deed recorded September 20, 1973 in Book 4804, Page(s) 2456 of Official Records. Parcel 16: (APN: 181-020-02) Fractional Section 5, Township 30 South, Range 37 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 17: (APN: 181-020-13) Fractional Section 9, Township 30 South, Range 37 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Except a strip of land 250 feet wide granted to the City of Los Angeles, by Deed recorded September 20, 1973 in Book 4804, Page(s) 2456 of Official Records. Parcel 18: (APN 444-070-05) The North half, and the Southwest quarter of Fractional Section j, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the unincorporated area, County of Kern, State of California, according to the Official Plat thereof. Exhibit A-3 LA\1902133.5 WESTERN SOLAR LAND Parcel 19: (APN: 153-070-02) Lots 1 and 2 of the Northeast quarter, the East half of Lot 2 of the Northwest quarter, the North half of the Southeast quarter, and the Southeast quarter of the Southeast quarter, of Fractional Section 3, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 20: (APN: 153-070-03) The Southwest quarter of the Southwest quarter of Fractional Section 3, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of Califomia, according to the Official Plat thereof. Parcel 21: (APN: 153-070-07) Section 11, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 22: (APN: 153-080-08) Lots 1 and 2 of the Northeast quarter, and the Southeast quarter of Fractional Section 5, Township 29 South, Range 35 East; Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 23: (APN: 153-080-02) Lots 1 and 2 of the. Northwest quarter, and the Southwest quarter of Fractional Section 5, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 24: (APN: 153-080-05) The Southeast quarter of Section 8, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 25: (APN: 153-080-04) Section 9, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 26: (APN: 153-090-01) Section 15, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. i\ Exhibit A-4 LA\1902133.5 Parcel 27: (APN: 153-090-03) Section 13, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 28: (APN: 153-100-03) Section 17, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 29: (APN: 153-100-10) Section 21, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 30: (APN: 153-090-05) Section 23, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 31: (APN: 153-110-03) Section 25, Township 29 South, -,Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel32: (APN: 153-110-01) Section 27, Township 29 South, Range 35 East, Mount Diablo. Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 33: (APN: 153-120-02) Section 29, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 34: (APN: 153-120-04) The North half of the Northeast quarter, and the Northeast quarter of the Northwest quarter of Section 28, Township 29 South, Range. 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 35: (APN: 153-120-07) The East half of the Northeast quarter, the Northwest quarter of the Northeast quarter, the East half of the Southeast quarter, and the West half of Section 33, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, -County of Kern, State of California, according to the Official Plat thereof. Exhibit A-5 LA\1902133.5 EASEMENT PARCELS Parcel 36: (APN: 153-170-01) Section 27, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kem, State of California, according to the Official Plat thereof. Parcel 37: (APN: 153-180-12) The East half of the Southeast quarter of Section 28, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof Except 1/16t' of all coal, oil, gas and other mineral deposits contained in said lands as reserved by an Act of the Legislature approved May 25, 1921 (Chap. 303, Statutes, 1921), as reserved in the State of California, in Patent recorded March 29, 1923 in Book 484, Page(s) 42 of Official Records. Parcel 38: (APN: 153-180-02) The North half of the Northeast quarter of Section 29, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kem, State of California, according to the Official Plat thereof Parcel 39: (APN: 153-180-04) j The Southwest quarter of the Southeast quarter, and the Southwest quarter of Section 29, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof Parcel 40: (APN: 153-170-06) Fractional Section 35, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California,according to the Official Plat thereof. Parcel41: (APN: 181-020-11) Fractional Section 7, Township 30 South, Range 37 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Except a strip of land 200 feet wide, granted to the City of Los Angeles by Deed recorded March 13, 1920 in Book 346, Page(s) 421 of Deeds. Also except that portion of said section, granted to the City of Los Angeles by Deed recorded September 20, 1973 in Book 4804, Page(s) 2459 of Official Records. Parcel 42: (APN: 181-080-32) Fractional Section 17, Township 30 South, Range 37 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Exhibit A-6 LA\1902133.5 Except a strip of land 200 feet wide granted to the City of Los Angeles, by Deed recorded September 20, 1973 in Book 4804, Page(s) 2459 of Official Records. Parcel 43: (APN: 181-080-11) The East half of the Southeast quarter of the Northwest quarter, Lots 1, 2, 3 and 4, and the East half of the Southwest quarter of Fractional Section 19, Township 30 South, Range 37 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official PIat thereof. Except a strip of land 200 feet wide, granted to the City of Los Angeles, by Deed recorded July 21, 1921 in Book 366, Page(s) 229 of Deeds. Parcel 44: (APN: 181-080-30) The North half of the Northeast quarter, the Southwest quarter of the Northeast quarter, the Northwest quarter, and the South half of Section 21, Township 30 South, Range 37 East,. Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Except a strip of land 250 feet wide, granted to the City of Los Angeles, by Deed recorded September 20, 1973 in Book 4804, Page(s) 2456 of Official Records. Also except a strip of land 200 feet wide as granted to the City of Los Angeles by Deed recorded September 20, 1973 in Book 4804, Page(s) 2459 of Official Records. Parcel 45: (APN: 181-190-02) The Northwest quarter and the South half of Section 29, Township 30 South, Range 37 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 46: (APN: 442-020-20) Section 9, Township 30 South, Range 34 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Except an undivided'/2 interest in all oil, gas and hydrocarbon substances, within or underlying said land, as granted to J.C. Walser, also known as John Caswell Walser and Blanche Walser, husband and wife as joint tenants, in Deed recorded July 9, 1937 in Book 731, Page(s) 490 of Official Records. Parcel 47: (APN: 442-010-10) The South half of the South half of Section 10, Township 30 South, Range 34 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Except an undivided %2 interest in all oil, gas and hydrocarbon substances, within or underlying said land, as granted to J.C. Walser, also known as John Caswell Walser and Blanche Walser, husband and wife as joint tenants, in Deed recorded July 9, 1937 in Book 731, Page(s) 490 of Official Records. Exhibit A-7 LA%1902133.5 Parcel 48: (APN: 442-030-01) Section 15, Township 30 South, Range 34 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel49: (APN: 442-040-01) The West half of the Southeast quarter, and the East half of the Southwest quarter of Section 18, Township 30 South, Range 34 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 50: (APN: 444-070-09) Section 11, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 51: (APN: 444-090-04) Section 13, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 52: (APN 153-051-03) Section 25, Township 29 South, Range 34 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. . Parcel 53: (APN 153-070-05) Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11, the Southwest quarter of the Northeast quarter,; the West half of the Southeast quarter, and the Southwest quarter of Fractional Section 1, Township 29 south,.Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 54: (APN 153-100-13) The East half of Section 19; Lot 1 of the Northwest quarter, the North Half of Lot 2 of the Northwest quarter; and Lots 1 and 2 of the Southwest quarter of Fractional Section 19, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 55; (APN 153-130-03) Fractional Section 1, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 56: (APN 153-030-05) Section 13, Township 29 South, Range 34 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Exhibit A-8 LA\1902133.5 Parcel 57: (APN 153-130-01) Fractional Section 3, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Exhibit A-9 LA\1902133.5 EXHIBIT B TO ACCESS EASEMENT AND LICENSE AGREEMENT LEGAL DESCRIPTION OF LICENSE AREA EASTERN SOLAR LAND Parcel 1: (APN 153-140-05) Section 9, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the unincorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 2: (APN: 153-140-07) The East half of Fractional Section 7, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 3: (APN: 153-140-08) The West half of Fractional Section 7, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. i Parcel 4: (APN: 153-130-05) Section 11, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 5: (APN: 153-150-02) The Northeast quarter, the East half of the Northwest quarter, the Northwest quarter of the Northwest quarter, the North half of the Southeast quarter, and the Southeast quarter of the Southeast quarter of Section 15, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 6: (APN: 153-150-04) Section 13, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 7: (APN: 153-160-02) Section 17, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Exhibit B-1 LA\1902133.5 Parcel 8: (APN: 153-160-06) The Northeast quarter, the Northeast quarter of the Southeast quarter, the Northeast quarter of the Northwest quarter, and Lots 1 and 2, of Fractional Section 19, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 9: (APN: 153-160-04) Section 21, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 10: (APN: 153-150-06) The East half of the East half, the Southwest quarter of the Southeast quarter, and the South half of the Southwest quarter, of Section 23, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 11: (APN: 153-170-03) Section 25, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, .according to the Official Plat thereof. Parcel 12: (APN: 153-170-04) The Northwest quarter of the Northwest quarter, the East half of the Northwest quarter, the Northeast quarter, and the South half of Section 36, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Except all oil, gas, oil shale, coal, phosphate, sodium, gold, silver and all other mineral deposits contained in said land, and further reserving to the State of California and persons authorized by the State,'the right to drill for and extract such deposits of oil and gas, or gas, and to prospect for, mine and remove such deposits of other minerals from said land and to occupy and use so much of the surface of said land as may be required therefor, upon compliance with the conditions and subject to the provisions and limitations of Chapter 5, Part I, Division 6 of the Public Resources Code, as reserved in Patent recorded June 10, 1958 in Book 2962, Page(s) 503 of Official Records. Parcel 13: (APN: 153-240-14) The Southwest quarter of Section 29, Township 29 South, Range 37 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Except a strip of land 200 feet wide granted to the City of Los Angeles, by Deed recorded March 13, 1920 in Book 346, Page(s) 421 of Deeds. Also except that portion of said Southwest quarter, granted to the City of Los Angeles by Deed recorded September 20, 1973, in Book 4804, Page(s) 2459 of Official Records. Exhibit B-2 LA\1902133.5 Parcel 14: (APN: 153-240-12) Section 31, Township 29 South, Range 37 East, Mount Diablo Base and Meridian, in the up -incorporated area, County of Kern, State of California, according to the Official Plat thereof. Except a strip of land 200 feet wide granted to the City of Los Angeles, by Deed recorded March 13, 1920, in Book 346, Page(s) 421 of Deeds. Also except that portion of said section, granted to the City of Los Angeles by Deed recorded September 20, 1973 in Book 4804, Page(s) 2459 of Official Records. Parcel 15: (APN: 153-240-16) The South half of the Northwest quarter, the Southwest quarter of the Northeast quarter, the West half of the Southeast quarter, and the Southwest quarter, of Fractional Section 33, Township 29 South, Range 37 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Except a strip of land 250 feet wide granted to the City of Los Angeles, by Deed recorded September 20, 1973 in Book 4804, Page(s) 2456 of Official Records. Parcel 16: (APN: 181-020-02) Fractional Section 5, Township 30 South, Range 37 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 17: (APN: 181-020-13) Fractional Section 9, Township 30 South, Range 37 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Except a strip of land 250 feet wide granted to the City of Los Angeles, by Deed recorded September 20, 1973 in Book 4804, Page(s) 2456 of Official. Records. Parcel 18: (APN 444-070-05) The North half, and the Southwest quarter of Fractional Section 1, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the unincorporated area, County of Kern, State of California, according to the Official Plat thereof. Exhibit B-3 LA\1902133.5 WESTERN SOLAR LAND Parcel 19: (APN: 153-070-02) Lots 1 and 2 of the Northeast quarter, the East half of Lot 2 of the Northwest quarter, the North half of the Southeast quarter, and the Southeast quarter of the Southeast quarter, of Fractional Section 3, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of Califomia, according to the Official Plat thereof. Parcel 20: (APN: 153-070-03) The Southwest quarter of the Southwest quarter of Fractional Section 3, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 21: (APN: 153-070-07) Section 11, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 22: (APN: 153-080-08) Lots 1 and 2 of the Northeast quarter, and the Southeast quarter of Fractional Section 5, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 23: (APN: 153-080-02) Lots 1 and 2 of the Northwest quarter, and the Southwest quarter of Fractional Section 5, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 24: (APN: 153-080-05) The Southeast quarter of Section 8, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 25: (APN: 153-080-04) Section 9, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 26: (APN: 153-090-01) Section 15, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Exhibit B-4 LA\1902133.5 Parcel 27:. (APN: 153-090-03) Section 13, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 28: (APN: 153-100-03) Section 17, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 29: (APN: 153-100-10) Section 21, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 30: (APN: 153-090-05) Section 23, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 31: (APN: 153-110-03) Section 25, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 32: (APN: 153-110-01) Section 27, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 33: (APN: 153-120-02) Section 29, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 34: (APN: 153-120-04) The North half of the Northeast quarter, and the Northeast quarter of the Northwest quarter of Section 28, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 35: (APN: 153-120-07) The East half of the Northeast quarter, the Northwest quarter of the Northeast quarter, the East half of the Southeast quarter, and the West half of Section 33, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Exhibit B-5 LA\I()02133.5 EASEMENT PARCELS Parcel 36: (APN: 153-170-01) Section 27, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 37: (APN: 153-180-12) The East half of the Southeast quarter of Section 28, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Except 1/16`h of all coal, oil, gas and other mineral deposits contained in said lands as reserved by an Act of the Legislature approved May 25, 1921 (Chap. 303, Statutes, 1921), as reserved in the State of California, in Patent recorded March 29, 1923,in Book 484, Page(s) 42 of Official Records. Parcel 38: (APN: 153-180-02) The North half of the Northeast quarter of Section 29, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof Parcel 39: (APN: 153-180-04) The Southwest quarter of the Southeast quarter, and the Southwest quarter of Section 29, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof Parcel 40: (APN: 153-170-06) Fractional Section 35, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 41: (APN: 181-020-11) Fractional Section 7, Township 30 South, Range 37 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Except a strip of land 200 feet wide, granted to the City of Los Angeles by Deed recorded March 13, 1920 in Book 346, Page(s) 421 of Deeds. Also except that portion of said section, granted to the City of Los Angeles by Deed recorded September 20, 1973 in Book 4804, Page(s) 2459 of Official Records. Parcel 42: (APN: 181-080-32) Fractional Section 17, Township 30 South, Range 37 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Exhibit B-6 LA\I902133.5 Except a strip of land 200 feet wide granted to the City of Los Angeles, by Deed recorded September 20, 1973 in Book 4804, Page(s) 2459 of Official Records. Parcel 43: (APN: 181-080-11) The East half of the Southeast quarter of the Northwest quarter, Lots 1, 2, 3 and 4, and the East half of the Southwest quarter of Fractional Section 19, Township 30 South, Range 37 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Except a strip of land 200 feet wide, granted to the City of Los Angeles, by Deed recorded July 21, 1921 in Book 366, Page(s) 229 of Deeds. Parcel 44: (APN: 181-080-30) The North half of the Northeast quarter, the Southwest quarter of the Northeast quarter, the Northwest quarter, and the South half of Section 21, Township 30 South, Range 37 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Except a strip of land 250 feet wide, granted to the City of Los Angeles, by Deed recorded September 20, 1973 in Book 4804, Page(s) 2456 of Official Records. Also except a strip of land 200 feet wide as granted to the City of Los Angeles by Deed recorded September 20, 1973 in Book 4804, Page(s) 2459 of Official Records. Parcel 45: (APN: 181-190-02) The Northwest quarter -and the South half of Section 29, Township 30 South, Range 37 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 46: (APN: 442-020-20) Section 9, Township 30 South, Range 34 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Except an undivided''/2 interest in all oil, gas and hydrocarbon substances, within or underlying said land, as granted to J.C. Walser, also known as John Caswell Walser and Blanche Walser, husband and wife as joint tenants, in Deed recorded July 9, 1937 in Book 731, Page(s) 490 of Official Records. Parcel47: (APN: 442-010-10) The South half of the South half of Section 10, Township 30 South, Range 34 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Except an undivided'%2 interest in all oil, gas and hydrocarbon substances, within or underlying said land, as granted to J.C. Walser, also known as John Caswell Walser and Blanche Walser, husband and wife as joint tenants, in Deed recorded July 9, 1937 in Book 731, Page(s) 490 of Official Records. Exhibit B-7 LA\1902133.5 Parcel 48: (APN: 442-030-01) Section 15, Township 30 South, Range 34 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 49: (APN: 442-040-01) The West half of the Southeast quarter, and the East half of the Southwest quarter of Section 18, Township 30 South, Range 34 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 50: (APN: 444-070-09) Section 11, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 51: (APN: 444-090-04) Section 13, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 52: (APN 153-051-03) Section 25, Township.29 South, Range 34 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 53: (APN 153-070-05) Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11, the Southwest quarter of the Northeast quarter,; the West half of the Southeast quarter, and the Southwest quarter of Fractional Section 1, Township 29 south, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 54: (APN 153-100-13) The East half of Section 19; Lot 1 of the Northwest quarter, the North Half of Lot 2 of the Northwest quarter; and Lots 1 and 2 of the Southwest quarter of Fractional Section 19, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 55; (APN 153-130-03) Fractional Section 1, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kem, State of California, according to the Official Plat thereof. Parcel 56: (APN 153-030-05) Section 13, Township 29 South, Range 34 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kem, State of California, according to the Official Plat thereof. Exhibit B-8 LA\1902133.5 Parcel 57: (APN 153-130-01) Fractional Section 3, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Exhibit B-9 LA\1902133.5 EXHIBIT C TO ACCESS EASEMENT AND LICENSE AGREEMENT LEGAL DESCRIPTION OF APPURTENANT PROPERTY Parcel 1: (APN: 153-120-10 & 11) The East half, Lots 1 and 2 of the Northwest quarter, and Lots 1 and 2 of the Southwest quarter of Fractional Section 31; Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un- incorporated'area, County of Kern, State of California, according to the Official Plat thereof. Parcel 2: (APN: 153-110-04) Section 36, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof.. Except all oil, gas, oil shale, coal, phosphate, sodium, gold, silver and all other mineral deposits contained in said land, and further reserving to the State of California and persons authorized by the State, the right to drill for and extract such deposits of oil and gas, or gas, and to prospect for, mine and remove such deposits of other minerals from said land and to occupy and use so much of the surface of said land as may be required therefore, upon compliance with the conditions and subject to the provisions and limitations of Chapter 5, Part I, Division 6 of the Public Resources Code, as reserved in Patent recorded June 10, 1958 in Book 2962, Page(s) 503 of Official Records. Parcel 3: (APN: 153-110-05) Section 35, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kem, State of California, according to the Official Plat thereof. Parcel 4: (APN: 153-180-09) The East half of Fractional Section 31, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, .in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 5: (APN: 153-180-10) The West half of Fractional Section 31, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kem, State of California, according to the Official Plat thereof. Parcel 6: (APN: 181-190-14) The East half of Fractional Section 31, Township 30 South, Range 38 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kem, State of California, according to the Official Plat thereof. Exhibit C-1 LA\1902133.5 Parcel 7: (APN: 181-190-15) The West half of Fractional Section 31, Township 30 South, Range 37 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 8: (APN: 181-190-16) Fractional Section 36, Township 30 South, Range 36 '/2 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Except all oil, gas, oil shale, coal, phosphate, sodium, gold, silver and all other mineral deposits contained in said land, and further reserving to the State of California and persons authorized by the State, the right to drill for and extract such deposits of oil and gas, or gas, and to prospect for, mine and remove such deposits of other minerals from said land and to occupy and use so much of the surface of said land as may be required therefor, upon compliance with the conditions and subject to the provisions and limitations of Chapter 5, Part 1, Division 6 of the Public Resources Code, as reserved in Patent recorded July 29, 1959 in Book 3170, Page(s) 179 of Official Records. Parcel 9: (APN: 442-010-67) Section 11, Township 30 South, Range 34 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Except an undivided '/2 interest in all oil, gas and hydrocarbon substances, within or underlying said land, as granted to J.C. Walser, also known as John Caswell Walser and Blanche Walser, husband and wife as joint tenants, in Deed recorded July 9, 1937 in Book 731, Page(s) 490 of Official Records. Parcel 10: (APN: 442-010-04) Fractional Section 1, Township 30 South, Range 34 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 11: (APN: 442-010-02) The South half of the South half of Fractional Section 2, Township 30 South, Range 34 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Except an undivided'/2 interest in all oil, gas and hydrocarbon substances, within or underlying said land, as granted to J.C. Walser, also known as John Caswell Walser and Blanche Walser,husband and wife as joint tenants, in Deed recorded July 9, (1937 in Book 731, Page(s) 490 of Official Records. Parcel 12: (APN: 442-030-05) Section 13, Township 30 South, Range 34 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Exhibit C-2 LA\1902133.5 Parcel 13: (APN: 442-030-03) Section 14, Township 30 South, Range 34 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Except all the coal and other minerals in the land so patented together with the right to prospect for, mine and remove the same pursuant to the provisions and limitations of the Act of December 29, 1916 (Stat. 862) as reserved by the United States of America in the Patent recorded December 24, 1923 in Book 22, Page(s) 19 of Official Records. Parcel 14: (APN: 443-010-02) Section 23, Township 30 South, Range 34 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 15: (APN: 444-010-01) Fractional Section 3, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 16: (APN: 444-010-04) Lots 1 and 2 of the Northeast quarter; and the South half of the Northeast quarter; and the Southeast quarter, of Fractional Section 2, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 17: (APN: 444-020-16) Fractional Section 7, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 18: (APN: 444-020-14) The North half of the North half of Section 8, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Except and reserving to the United States, pursuant to the provisions of the Act of August 1, 1946 (60. Stat. 755), all uranium, thorium or any other materials which is or may be determined to be peculiarly essential to the production of fissionable materials, whether or not of commercial value, together with the right of the United States through it's authorized agents or representatives at any time to enter upon the lands and prospect for, mine and remove the same as reserved in the Patent from the United States of America, recorded April 27, 1949 in Book 1612, Page(s) 130 of Official Records. Parcel 19: (APN: 444-020-03) Fractional Section 5, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Exhibit C-3 LA\1902133.5 Parcel 20: (APN: 444-020-09) The West half of the Northeast quarter, the Southwest quarter of the Southeast quarter, and the West half of Section 9, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kem, State of California, according to the Official Plat thereof. Parcel21: (APN: 444-010-13) The North half of the Northeast quarter, the Southwest quarter of the Northeast quarter, the Southeast quarter of the Northwest quarter, the West half of the Southeast quarter, and the East half of the Southwest quarter, of Section 10, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 22: (APN: 444-030-06) The East half of the Southeast quarter, the Southwest quarter of the Southeast quarter of Section 14, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 23: (APN: 444-010-10) Section 11, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kem, State of California, according to the Official Plat thereof. Parcel 24: (APN: 444430-01) Section 15, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kem, State of California, according to the Official Plat thereof. Parcel 25: (APN: 444-030-08) Section 13, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated Area County of Kern, State of California, according to the Official Plat thereof. Parcel 26: (APN: 444-040 02) Section 17, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to, the Official Plat thereof. Parcel 27: (APN: 444-040-09, 11 and 13) The West half of the Northeast quarter, the East half of the Northeast quarter, the North half of the Southeast quarter, the South half of the Southeast, quarter, and the Southwest quarter of Section 16, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 28: (APN: 444-040-15) Section 21, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kem, State of California, according to the Official Plat thereof. Exhibit C-4 LA\1902133.5 Parcel 29: (APN: 444-030-11) Section 23, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 30: (APN: 444-060-05) The North half of Section 28, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 31: (APN: 444-070-01 & 02) Fractional Section 3, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 32: (APN: 444-080-05) The North half of Fractional Section 5, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 33: (APN: 444-080-06) The South half of Fractional Section 5, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 34: (APN: 444-080-11) The West half, and the Southwest quarter of the Southeast quarter of Section 8, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 35: (APN: 444-080-09) Section 9, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 36: (APN: 444-080-01 & 02) Fractional Section 6, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 37: (APN: 444-080-13 & 15) Fractional Section 7, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Exhibit C-5 LAU902133.5 Parcel 38: (APN: 444-090-01) Section 15, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 39: (APN: 444-100-04) The West half, the West half of the Northeast quarter, the Southeast quarter of the Northeast quarter, and the Southeast quarter, of Section 16, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kem, State of California, according to the Official Plat thereof. Parcel 40: (APN: 444-100-02) Section 17, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 41: (APN 444-100-07) Section 21, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 42: (APN: 444-100-10 & 11) Fractional Section 19, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof Parcel 43: (APN: 444-090-07) Section 23, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 44: (APN: 444-110-03) Section 25, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Except a strip of land 200 feet wide granted to the City of Los Angeles by the Southern Pacific Land Company by Deed recorded March 13, 1920 in Book 346, Page(s) 421 of Deeds. Parcel 45: (APN: 444-110-08) Section 35, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 46: (APN 444-110-06) The North half of the Northwest quarter, the Southwest quarter of the Northwest quarter, the West half of the Southwest quarter, the Southeast quarter of the Southwest quarter, and the East half of Section 36, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. \ Exhibit C-6 LA\1902133.5 Parcel 47: (APN: 443-030-16) Section 25, Township 30 South, Range 34 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof Parcel 48: (APN: 444-010-08) Section 12, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 49: (APN: 444-040-18 & 19) Fractional Section 19, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 50: (APN: 444-050-04) Section 25, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel51: (APN: 444-050-01) Section 27, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 52: (APN: 444-060-03) Section 29, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 53: (APN: 444-060-08) Section 33, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 54: (APN: 444-120-06) The Southwest quarter of Section 28, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel $5: (APN: 444-120-02) Section 29, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 56: (APN: 444-010-06) Fractional Section 1, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof Exhibit C-7 LAU 902133.5 RECORDING REQUESTED by . , , �� 8TEWARi T1TLff RECORDING REQUESTED BY AND WHEN RECORDWMAIL. TO: COP Attn: E. Rose, I" V.P. DATE: Legal Department CIM Group, Inc. 6922 Hollywood Blvd., Suite 900 ST DNART ? ` Los Angeles, CA 90028 ACCESS EASEMENT AND LICENSE AGREEMENT THIS ACCESS EASEMENT AND LICENSE- AGREEMENT (this "Agreement") is made as of October (.lo, 2008, by the CITY OF VERNON, a California chartered city. ("Grantor"), to ReNu RESOURCES LLC, a Delaware limited liability company ("Grantee"), with reference to the following recitals: RECITALS A. Grantee owns that certain real property located in the.unincorporated areas of Kern County, as described on Exhibit A attached hereto (the "Appurtenant Property"). B. Concurrent hereto, Grantee sold and conveyed to Grantor (i) that certain real property located I in the unincorporated areas of Kern County, as described on Exhibit B attached hereto -(the "Access Easement Area"), and (ii) that certain real property located in the unincorporated areas of Kern County, as described on Exhibit C attached hereto (the "License Area") pursuant to that certain Amended and Restated Purchase and Sale Agreement and Joint Escrow Instructions by and .between Grantor and Grantee and dated as of October 8, 2008 (the "PSA"). C. Pursuant ,to the conditions to closing under, the PSA, Grantor ,desires to grant to Grantee and Grantee desires to accept from Grantor (i) general easements in, over, across and through a portion of the Access Easement Area appurtenant to and benefiting the Appurtenant Property, on the terms and conditions set forth herein and (ii) an irrevocable, non-exclusive license to access the License Area for the purpose of conducting studies, investigations and tests thereon, and the physical components thereof, on the terms and conditions set forth herein. NOW, THEREFORE, `in consideration of the foregoing recitals, the covenants hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor hereby declares as follows: I. Easemenk Grantor hereby grants to Grantee a non-exclusive easement and right-of-way appurtenant to and benefiting the Appurtenant Property located in; over, across and through the Access Easement Area to permit Grantee (1) to exploit the Excluded Mineral Rights (as defined in the PSA) and. the Excluded Subsurface Water (as defined in the PSA), and (2) to access and construct roads of any type (dirt, gravel or paved), in each case in a manner that is consistent with the Access Requirements (defined below), but only to the extent that any such access cannot reasonably be provided (including taking into account materially increased costs to LA\1902192.4 Grantee resulting from using the Appurtenant Property to exploit the Excluded Mineral Rights (as defined in the PSA) and the Excluded Subsurface Water (as defined in the PSA) or construction of roads on the Appurtenant Property over the costs that would be incurred from using the Access Easement Area) on the Appurtenant Property or within or adjacent to the Seller Retained Specific Transmission Easement Route (as defined in the PSA) (the "Access Easement"). For the purposes of this Agreement, "Access Requirements" shall consist of the following: (x) any use of the Access Easement or the License (as defined below) shall be subject to the reasonable conditions Grantor may impose from time to time, including requirements of security, safety, insurance, coordination and advance scheduling, and indemnification; and (y) the use of the Access Easement or the License shall not interfere in any material respect with Grantor's use of the Access Easement Area or the License Area, as applicable. 2. ' License. Grantor hereby grants to Grantee an irrevocable, non-exclusive license to access the License Area for the purpose of conducting studies, investigations and tests thereon, and the physical components thereof, to the extent reasonably related to evaluating (x) Grantee's development of the Appurtenant Property and (y) Grantee's exploitation of the Excluded Mineral Rights and Excluded Subsurface Water, in each case in a manner that is consistent with the Access Requirements (collectively, the "License"). Grantee shall provide Grantor a copy of all documentation relating to any study, investigation or test conducted by it or its representatives on the License Area. 3. Effectiveness. Grantee shall have no right to use the Access Easement until Grantor and Grantee shall. have (i) determined, identified and agreed to specific locations for the Access Easement within the Access Easement Area ("Specific Access Easement Locations"), and (ii) entered into an Amended and Restated Access Easement and. License Agreement, which shall amend and restate this Agreement to, among other things, amend Exhibit A hereto to include only the Specific Access Easement Locations and delete and release any extraneous portions of the Access Easement Area that are not part of the Specific Access Easement Locations ("Amended and Restated Access Easement and License Agreement"), on such terms and conditions provided in the PSA. Prior to detennining the Specific Access Easement Locations, Grantor shall be afforded a period not to exceed 120 days to perform geological and other studies and investigations for purposes of assessing whether the Specific Access Easement Locations would materially interfere with its rights to exploit the Geological Features Right (as defined in the PSA). If and to the extent that Grantor reasonably determines that such proposed action would materially interfere with its rights to exploit the Geological Features Right (as defined in the PSA), Grantor and Grantee shall cooperate to designate an alternate preferred route for the Specific Access Easement Locations, recognizing that the Geological Features Right is superior to the Excluded Mineral Rights (as defined in the PSA) and the Excluded Subsurface Water (as defined in the PSA). Once Grantee and Grantor have agreed to the Specific Access Easement Locations, Grantor and Grantee shall negotiate, execute and record the Amended and Restated Access Easement and License Agreement, which shall contain those provisions required pursuant to Section 2(d) of the PSA with respect to the "Seller Retained Specific Miscellaneous Easement Agreement" referred to therein, including, without limitation, (i) the, conditions and restrictions set forth in clauses (A) through (E) of Section 2(d)(ii) of the PSA; (ii) provisions providing for Grantor's right, at any time following the second anniversary of the date hereof, to request that the Amended and Restated Access Easement and License Agreement, as the same may be amended or restated, be amended to 2 LA\1902192.4 exclude portions of the Access Easement Area on which Grantor will be constructing improvements or as to which Grantor otherwise has a need to clarify that the Access Easement could not lie upon such areas subject to such amendment request, as provided in Section 2(d)(iii) of the PSA; (iii) a provision that the use of the Access Easement shall be at no additional cost paid by Grantee to Grantor, subject to Grantee's obligation to satisfy any indemnity obligation as part of the Access Requirements, all as provided in Section 2(d)(iv) of the PSA; (iv) if and to the extent Grantor acquires the Solar Land (as defined in the PSA) in accordance with Section 12 thereof, Grantor and Grantee shall cooperate to determine a preferred route for the Access Easement on the Solar Land (as defined in the PSA), and Grantor shall, at the request of Grantee, amend the Amended and Restated Access Easement to encumber a portion of the Solar Land (as defined in the PSA), all as provided in Section 2(d)(v)`of the PSA; and (v) Grantee shall agree to take all commercially reasonable steps, in connection with its use of the Access Easement, to minimize the surface impact, including, without limitation, the use of directional drilling. 4. Payment. Except - for the express reimbursement and indemnity obligations provided for herein or that may be provided for in the Amended and Restated Access Easement and License Agreement, no additional payment shall be required of Grantee for the Access Easement or the License. 5. No Gift or Dedication. Nothing contained in this Agreement shall be deemed to be a gift or dedication of any portion of the Access Easement Area or the License Area to or for the general public or for any public use or purpose whatsoever, it being the intention of the parties that the Access Easement, the License and rights granted in this Agreement, as it may be amended or restated, shall be strictly limited to and for the purposes herein expressed with respect to private property solely for the benefit of the parties. 6. Mortgagee Protection. No breach or violation of this Agreement or of the restrictions provided herein shall render invalid the lien of any mortgage, deed of trust or similar instrument securing a loan made in good faith and for value with respect to any portion of the Access Easement Area or the License Area, but all of the provisions of this Agreement shall be binding upon and effective against any subsequent owner (including any mortgagee or beneficiary under a deed of trust) who 'acquires title to the Access Easement Area or the License Area, or any portion thereof, by foreclosure, trustee's sale, deed in lieu of foreclosure, or otherwise. 7. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 8. Successors and Assigns; Covenants Running with the Land. This Agreement is binding upon and shall inure to the benefit of the parties and their respective successors and assigns, tenants, invitees and licensees. All of the provisions of this Agreement shall be enforceable as equitable servitudes and constitute covenants running with the land pursuant to applicable law, including, without limitation, Section 1457 et. seq. of the California Civil Code. 9. Severabihty. If any provision of this Agreement is prohibited or held to be invalid, illegal or unenforceable for any reason, the parties hereto agree to the fullest extent 3 LA\1902192.4 permitted by law that (a) the validity, legality and enforceability of the other provisions shall not be affected or impaired thereby and (b) the parties hereto shall endeavor in good faith negotiations to replace the invalid or unenforceable provisions with valid and enforceable provisions, the economic effect of which comes as close as possible to that of the invalid or unenforceable provisions. 10. Complete Understanding. This Agreement, together with the referenced provisions, of the PSA, constitute the entire understanding between the parties with respect to the subject matter hereof, superseding all negotiations, prior discussions, and preliminary agreements or understandings, written or oral. This Agreement may not be amended except in writing by the parties hereto or their successors. 11. Article Headings. Article headings in this Agreement are for convenience only and are not intended to be used in interpreting or construing the terms, covenants and conditions of this Agreement. 12. Recordation of the Easement. Grantee shall accept this Agreement and cause the same to be recorded in the office of the Kern County Recorder. 13. Remedies. In the event of any breach or threatened breach of any provision of this Agreement, the parties hereto may prosecute any proceedings at law or in equity to enjoin such breach or threatened breach and to recover damages for any such breach. The remedies permitted or available pursuant to the provisions of this Agreement shall be cumulative and in addition to any rights or remedies available at law or in,.equity. 14. Indemnification. Grantee shall indemnify, defend and hold Grantor, and its officers, employees and agents (collectively, with Grantor, the "Indemnified Parties and each of them, individually, an "Indemnified Party") harmless from and against any and all losses; claims, demands, costs, expenses, liens, 'fines, penalties, liabilities, judgments and damages resulting directly from Grantee's exercise of any rights granted to Grantee under this Agreement, provided that Grantee shall not be required to indemnify or hold the Indemnified Parties harmless from and against any loss, claim, demand, cost, expense, lien, fine, penalty, liability, judgment or damages arising from the willful or gross negligent acts or omissions of any Indemnified Party [Remainder of Page Intentionally Left Blank] 4 LA\1902192.4 IN WITNESS WHEREOF, Grantor and Grantee have executed this Access Easement and License Agreement as of the date first set forth above. GRANTOR: CITY OF VERNON, a California chartered city By: N,AM6= 1-L Name: Hilario Gonzales Title: Mayor Pro-Tem GRANTEE: ReNu RESOURCES, LLC, a Delaware limited liability company By: Name: Title: `�- LA\1902192 ATTEST: By: Na :Kristen Enomoto Title: Deputy City Clerk APPROVED AS TO FORM: By: e: f A. Harrison V!tte:City Attorney IN WITNESS WHEREOF, Grantor and Grantee have executed this Access Easement and License Agreement as of the date first set forth above. GRANTOR: CITY OF VERNON, ATTEST: a California chartered city By: Name: Title: GRANTEE: ReNu RESOURCES, LLC, a Delaware limited liability company By Name: Nicholas V. Morosoff Title: Secretary LAU 902192.4 By: Name:_ Title: APPROVED AS TO FORM: By: Name: Title: State of California ) County of b5 AIA) On 1�rmw q, , f before ine. MM �D"I personally appeared kv WOO M7W le who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the_ State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. MAR150L TRUJILLO COMMISSIOn # 1654907 Notary Pub#c - Colifomlc Los Angeles County Signatur (Seal) CO�'m'ExplrOSA r1e,z0t STATE OF CALIFORNIA COUNTY OF LOS ANGELES On October 15, 2008, before me, Ellen Jo Rose, a Notary Public, personally appeared Nicholas V. Morosoff, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that he foregoing paragraph is true and correct. WITNESS m hand and official seal By: en Rose, Notary Public SEAL ELLEN JO ROSE "" 'R Commission # 1520364 Z ;``'' Notary Public = Califomlot 7-" ` `'"` Los Angels County MyComm.E esOctIK20My O EXHIBIT A TO ACCESS EASEMENT AND LICENSE AGREEMENT LEGAL DESCRIPTION OF APPURTENANT PROPERTY EASTERN SOLAR LAND Parcel 1: (APN 153-140-05) Section 9, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the unincorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 2: (APN: 153-140-07) The East half of Fractional Section 7, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel_3: (APN: 153-140-08) The West half of Fractional Section 7, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 4: (APN: 153-130-05) Section 11, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 5: (APN: 153-150-02) The Northeast quarter, the East half of the Northwest quarter, thy Northwest quarter of the Northwest quarter, the North half of the Southeast quarter, and the Southeast quarter of the Southeast quarter of Section 15, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 6: (APN: 153-150-04) Section 13, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 7: (APN: 153-160-02) Section 17, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Exhibit A -I LA\1902192.4 Parcel 8: (APN: 153-160-06) The Northeast quarter, the Northeast quarter of the Southeast quarter, the Northeast quarter of the Northwest quarter, and Lots I and 2, of Fractional Section 19, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kem, State of California, according to the Official Plat thereof. Parcel 9: (APN: 153-160-04) Section 21, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 10: (APN: 153-150-06) The East half of the East half, the Southwest quarter of the Southeast quarter, and the South half of the Southwest quarter, of Section 23, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 11: (APN: 153-170-03) Section 25, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 12: (APN: 153-170-04) The Northwest quarter of the Northwest quarter, the East half of the Northwest quarter, the Northeast quarter, and the South half of Section 36, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kem, State of California, according to the Official Plat thereof. Except all oil, gas, oil shale, coal, phosphate, sodium, gold, silver and all other mineral deposits contained in said land, and further reserving to the State of California and persons authorized by the State, the right to drill for and extract such deposits of oil and gas, or gas, and to prospect for, mine and remove such deposits of other minerals from said land and to occupy and use so much of the surface of said land as may be required therefor, upon compliance with the conditions and subject to the provisions and limitations of Chapter 5, Part I, Division 6 of the Public Resources Code, as reserved in Patent recorded June 10, 1958 in Book 2962, Page(s) 503 of Official Records. Parcel 13: (APN: 153-240-14) The Southwest quarter of Section 29, Township 29 South, Range 37 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof Except a strip of land 200 feet wide granted to the City of Los Angeles, by Deed recorded March 13, 1920 in Book 346, Page(s) 421 of Deeds. Also except that portion of said Southwest quarter, granted to the City of Los Angeles by Deed recorded September 20, 1973, in Book 4804, Page(s) 2459 of Official Records. Exhibit A-2 LA\1902192A Parcel 14: (APN: 153-240-12) Section 31, Township 29 South, Range 37 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Except a strip of land 200 feet wide granted to the City of Los Angeles, by Deed recorded March 13, 1920, in Book 346, Page(s) 421 of Deeds. Also except that portion of said section, granted to the City of Los Angeles by Deed recorded September 20, 1973 in Book 4804, Page(s) 2459 of Official Records. Parcel 15: (APN: 153-240-16) The South half of the Northwest quarter, the Southwest quarter of the Northeast quarter, the West half of the Southeast quarter, and the Southwest quarter, of Fractional Section 33, Township 29 South, Range 37 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof Except a strip of land 250 feet wide granted to the City of Los Angeles, by Deed recorded September 20, 1973 in Book 4804, Page(s) 2456 of Official Records. Parcel 16: (APN: 181-020-02) Fractional Section 5, Township 30 South, Range 37 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 17: (APN: 181-020-13) Fractional Section 9, Township 30 South, Range 37 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Except a strip of land 250 feet wide granted to the City of Los Angeles, by Deed recorded September 20,' 1973 in Book 4804, Page(s) 2456 of Official Records. Parcel 18: (APN 444-070-05) The North half, and the. Southwest quarter of Fractional Section 1, Township 30 South, Range,36 East, Mount Diablo Base and Meridian, in the unincorporated area, County of Kern, State of California, according to the Official Plat thereof. Exhibit A-3 LA\1902192.4 WESTERN SOLAR LAND Parcel 19: (APN: 153-070-02) Lots 1 and 2 of the Northeast quarter, the East half of Lot 2 of the Northwest quarter, the North half of the Southeast quarter, and the Southeast quarter of the Southeast quarter, of Fractional Section 3, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 20: (APN: 153-070-03) The Southwest quarter of the Southwest quarter of Fractional Section 3, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 21: (APN: 153-070-07) Section 11, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 22: (APN: 153-080-08) Lots i and 2 of the Northeast quarter, and the Southeast quarter of Fractional Section 5, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 23: (APN: 153-080-02) Lots 1 and 2 of the Northwest quarter, and the Southwest quarter of Fractional Section 5, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 24: (APN: 153-080-05) The Southeast quarter of Section 8, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern; State of California, according to the Official Plat thereof. Parcel 25: (APN: 153-080-04) Section 9, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 26: (APN: 153-090-01) Section 15, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. . Exhibit A4 LA\1902192.4 Parcel 27: (APN: 153-090-03) Section 13, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 28: (APN: 153-10043) Section 17, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 29: (APN: 153-100-10) Section 21, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 30: (APN: 153-090-05) Section 23, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 31: (APN: 153-110-03) Section 25, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 32: (APN: 153-110-01) Section 27, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 33: (APN: 153-120-02) Section 29, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 34: (APN: 153-120-04) The North half of the Northeast quarter, and the Northeast quarter of the Northwest quarter of Section 28, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 35: (APN: 153-120-07) The East half of the Northeast quarter, the Northwest quarter of the Northeast quarter, the East half of the Southeast quarter, and the West half of Section 33, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Exhibit A-5 LA\1902192.4 EASEMENT PARCELS Parcel 36: (APN: 153-170-01) Section 27, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 37: (APN: 153-180-12) The East half of the Southeast quarter of Section 28, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Except 1/16°i of all coal, oil, gas and other mineral deposits contained in said lands as reserved by an Act of the Legislature approved May 25, 1921 (Chap. 303, Statutes, 1921), as reserved in the State of California, in Patent recorded March 29, 1923 in Book 484, Page(s) 42 of Official Records. Parcel38: (APN:_153-180-02) The North half of the Northeast quarter of Section 29, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof Parcel 39: (APN: 153-180-04) The Southwest quarter of the Southeast quarter, and the Southwest quarter of Section 29, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof Parcel 40: (APN: 153-170-06) Fractional Section 35, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 41: (APN: 181-020-11) Fractional Section 7, Township 30 South, Range 37 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Except a strip of land 200 feet wide, granted to the City of Los Angeles by Deed recorded March 13, 1920 in Book 346, Page(s) 421 of Deeds. Also except that portion of said section, granted to the City of Los Angeles by Deed recorded September 20, 1973 in Book 4804, Page(s) 2459 of Official Records. Parcel 42: (APN: 181-080-32) Fractional Section 17, Township 30 South, Range 37 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Exhibit A-6 \ LA\1902192.4 Except a strip of land 200 feet wide granted to the City of Los Angeles, by Deed recorded September 20, 1973 in Book 4804, Page(s) 2459 of Official Records. Parcel 43: (APN: 181-080-11) The East half of the Southeast quarter of the Northwest quarter, Lots 1, 2, 3 and 4, and the East half of the Southwest quarter of Fractional Section 19, Township 30 South, Range 37 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Except a strip of land 200 feet wide, granted to the City of Los Angeles, by Deed recorded July 21, 1921 in Book 366, Page(s) 229 of Deeds. Parcel 44: (APN: 181-080-30) The North half of the Northeast quarter, the Southwest quarter of the Northeast quarter, the Northwest quarter, and the South half of Section 21, Township 30 South, Range 37 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Except a strip of land 250 feet wide, granted to the City of Los Angeles, by Deed recorded September 20, 1973 in Book 4804, Page(s) 2456 of Official Records. Also except a strip of land 200 feet wide as granted to the City of Los Angeles by Deed recorded September 20, 1973 in Book 4804, Page(s) 2459 of Official Records. Parcel 45: (APN: 181-190-02) The Northwest quarter and the South half of Section 29, Township 30 South, Range 37 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 46: (APN: 442-020-20) Section 9, Township 30 South, Range 34 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Except an undivided'/2 interest in all oil, gas and hydrocarbon substances, within or underlying said land, as granted to J.C. Walser, also known as John Caswell Walser and Blanche Walser, husband and wife as joint tenants, in Deed recorded July 9, 1937 in Book 731, Page(s) 490 of Official Records. Parcel 47: (APN: 442-010-10) The South half of the South half of Section 10, Township 30 South, Range 34 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of _California, according to the Official Plat thereof. Except an undivided''/2 interest in all oil, gas and hydrocarbon substances, within or underlying said land, as granted to J.C. Walser, also known as John Caswell Walser and Blanche Walser, husband and wife as joint tenants, in Deed recorded July 9, 1937 in Book 731, Page(s) 490 of Official Records. Exhibit A-7 LA\1902192.4 Parcel 48: (APN: 442-030-01) Section 15, Township 30 South, Range 34 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 49: (APN: 442-040-01) The West half of the Southeast quarter, and the East half of the Southwest quarter of Section 18, Township 30 South, Range 34 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 50: (APN: 444-070-09) Section 11, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 51: (APN: 444-090-04) Section 13, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 52: (APN 153-051-03) Section 25, Township 29 South, Range 34 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 53: (APN 153-070-05) Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11, the Southwest quarter of the Northeast quarter„ the West half of the Southeast quarter, and the Southwest quarter of Fractional Section 1, Township 29 south, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 54: (APN 153-100-13) The East half of Section 19; Lot 1 of the Northwest quarter, the North Half of Lot 2 of the Northwest quarter; and Lots 1 and 2 of the Southwest quarter of Fractional Section 19, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 55; (APN 153-130-03) Fractional Section 1, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 56: (APN 153-030-05) Section 13, Township 29 South, Range 34 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Exhibit A-8 LA\1902192.4 Parcel 57: (APN 153-130-01) Fractional Section 3, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Exhibit A-9 LA%1902192.4 EXHIBIT B TO ACCESS EASEMENT AND LICENSE AGREEMENT LEGAL DESCRIPTION OF ACCESS EASEMENT AREA Parcel 1: (APN: 153-120-10 & 11) The East half, Lots 1 and 2 of the Northwest quarter, and Lots 1 and 2 of the Southwest quarter of Fractional Section 31, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 2: (APN: 153-110-04) Section 36, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Except all oil, gas, oil shale, coal, phosphate, sodium, gold, silver and all other mineral deposits contained in said land, and further reserving to the State of California and persons authorized by the State, the right to drill for and extract such deposits of oil and gas, or gas, and to prospect for, mine and remove such deposits of other minerals from said land and to occupy and use so much of the surface of said land as may be required therefore, upon compliance with the conditions and subject to the provisions and limitations of Chapter 5, Part I, Division 6 of the Public Resources Code, as reserved in Patent recorded June 10, 1958 in Book 2962, Page(s) 503 of Official Records. Parcel 3: (APN: 153-110-05) Section 35, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 4: (APN: 153-180-09) The East half of Fractional Section 31, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 5: (APN: 153-180-10) The West half of Fractional Section 31, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 6: (APN: 181-190-14) The East half of Fractional Section 31, Township 30 South, Range 38 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Exhibit B- I LA\1902192.4 Parcel 7: (APN: 181-190-15) The West half of Fractional Section 31, Township 30 South, Range 37 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 8: (APN: 181-190-16) Fractional Section 36, Township 30 South, Range 36'/z East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Except all oil, gas, oil shale, coal, phosphate, sodium, gold, silver and all other mineral deposits contained in said land, and further reserving to the State of California and persons authorized by the State, the right to drill for and extract such deposits of oil and gas, or gas, and to prospect for, mine and remove such deposits of other minerals from said land and to occupy and use so much of the surface of said land as may be required therefor, upon compliance with the conditions and subject to the provisions and limitations of Chapter 5, Part I, Division 6 of the Public Resources Code, as reserved in Patent recorded July 29, 1959 in Book 3170, Page(s) 179 of Official Records. Parcel 9: (APN: 442-010-07) Section 11, Township 30 South, Range 34 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Except an undivided %2 interest in all oil, gas and hydrocarbon substances, within or underlying said land, as granted to J.C. Walser, also known as John Caswell Walser and Blanche Walser, husband and wife as joint tenants, in Deed recorded July 9, 1937 in Book 731, Page(s) 490 of Official Records. Parcel 10: (APN: 442-010-04) Fractional Section 1, Township 30 South, Range 34 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 11: (APN: 442-010-02) The South half of the South half of Fractional Section 2, Township 30 South, Range 34 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Except an undivided''/2 interest in all oil, gas and hydrocarbon substances, within or underlying said land, as granted to J.C. Walser, also known as John Caswell Walser and Blanche Walser, husband and wife as joint tenants, in Deed recorded July 9, 1937 in Book 731, Page(s) 490 of Official Records. Parcel 12: (APN: 442-030-05) Section 13, Township 30 South, Range 34 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Exhibit B-2 LA\1902192.4 Parcel 13: (APN: 442-030-03) Section 14, Township 30 South, Range 34 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Except all the coal and other minerals in the land so patented together with the right to prospect for, mine and remove the same pursuant to the provisions and limitations of the Act of December 29, 1916 (Stat. 862) as reserved by the United States of America in the Patent recorded December 24, 1923 in Book 22, Page(s) 19 of Official Records. Parcel 14: (APN: 443-010-02) Section 23, Township 30 South, Range 34 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 15: (APN: 444-010-01) Fractional Section 3, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 16: (APN: 444-010-04) Lots 1 and 2 of the Northeast quarter; and the South half of the Northeast quarter; and the Southeast quarter, of Fractional Section 2, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the, Official Plat thereof. Parcel 17: (APN: 444-020-16) Fractional Section 7, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof, Parcel 18: (APN: 444-026-14) The North half of the North half of Section 8, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Except and reserving to the United States, pursuant to the provisions of the Act of August 1, 1946 (60 Stat. 755), all uranium, thorium or any other materials which is or may be determined to be peculiarly essential to the production of fissionable materials, whether or not of commercial value, together with the right of the United States through it's authorized agents or representatives at any time to enter upon the lands and prospect for, mine and remove the same as reserved in the Patent from the United States of America, recorded April 27, 1949 in Book 1612, Page(s) 130 of Official Records. Parcel 19: (APN: 444-020-03) Fractional Section 5, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Exhibit B-3 LA\1902192.4 Parcel 20: (APN: 444-020-09) The West half of the Northeast quarter, the Southwest quarter of the Southeast quarter, and the West half of Section 9, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 21: (APN: 444-010-13) The North half of the Northeast quarter, the Southwest quarter of the Northeast quarter, the Southeast quarter of the Northwest quarter, the West half of the Southeast quarter, and the East half of the Southwest quarter, of Section 10, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 22: (APN: 444-030-06) The East half of the Southeast quarter, the Southwest quarter of the Southeast quarter of Section 14, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 23: (APN: 444-010-10) Section 11, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kem, State of California, according to the Official Plat thereof. Parcel 24: (APN: 444-030-01) Section 15, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 25: (APN: 444-030-08) Section 13, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated Area County of -Kern, State of California, according to the Official Plat thereof. Parcel 26: (APN: 444-040-02) Section 17, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 27: (APN: 444-040-09, 11 and 13) The West half of the Northeast quarter, the East half of the Northeast quarter, the North half of the Southeast quarter, the South half of the Southeast quarter, and the Southwest quarter of Section 16, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 28: (APN: 444-040-15) Section 21, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Exhibit B-4 LA\1902192.4 Parcel 29: (APN: 444-030-11) Section 23, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 30: (APN: 444-060-05) The North half of Section 28, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 31: (APN: 444-070-01 & 02) Fractional Section 3, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 32: (APN: 444-080-05) The North half of Fractional Section 5, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel33: (APN: 444-080-06) The South half of Fractional Section 5, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 34: (APN: 444-080-11) The West half, and the Southwest quarter of the Southeast quarter of Section 8, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 35: (APN: 444-080-09) Section 9, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 36: (APN: 444-080-01 & 02) Fractional Section 6, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 37: (APN: 444-080-13 & 15) Fractional Section 7, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Exhibit B-5 LA\1902192.4 Parcel 38: (APN: 444-090-01) Section 15, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California; according to the Official Plat thereof., Parcel39: (APN: 444-100-04) The West half, the West half of the Northeast quarter, the Southeast quarter of the Northeast quarter, and the Southeast quarter, of Section 16, Township 30 South, Range 36 East, Mount Diablo. Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel40: (APN: 444-100-02) Section 17, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 41: (APN 444-100-07) Section 21, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 42: (APN: 444-100-10 & 11) Fractional Section 19, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 43: (APN: 444-090-07) Section 23, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 44: (APN: 444-110-03) • Section 25, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Except a strip of land 200 feet wide granted to the City of Los Angeles by the Southern Pacific Land Company by Deed recorded March 13, 1920 in Book 346, Page(s) 421 of Deeds. Parcel 45: (APN: 444-110-08) Section 35, Township 30 South; Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 46: (APN: 444-110-06) The North half of the Northwest quarter, the Southwest quarter of the Northwest quarter, the West half of the Southwest quarter, the Southeast quarter.of the Southwest quarter, and the East half of Section 36, ( Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, i County of Kern, State of California, according to the Official Plat thereof. Exhibit B-6 LA\1902192.4 Parcel 47: (APN: 443-030-16) Section 25, Township 30 South, Range 34 East,.Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof Parcel 48: (APN: 444-010-08) Section 12,'Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 49: (APN: 444-040-18 & 19) Fractional Section 19, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 50: (APN: 444-050-04) Section 25, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 51: (APN: 444-050-01) Section 27, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 52: (APN: 444-060-03) Section 29, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 53: (APN: 444-060-08) Section 33, Township 30 South, Range 35 East, Mount Diablo Base and Meridian,. in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 54: (APN: 444-120-06) The Southwest quarter of Section 28, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 55: (APN: 444-120-02) Section 29, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 56: (APN: 444-010-06) Fractional Section 1, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un- incorporated area,. County of Kern, State of California, according to the Official Plat thereof. Exhibit B-7 LA\1902192.4 EXHIBIT C TO ACCESS EASEMENT AND LICENSE AGREEMENT LEGAL DESCRIPTION OF LICENSE AREA Parcel 1: (APN: 153-120-10 & 11) The East half, Lots 1 and 2 of the Northwest quarter, and Lots 1 and 2 of the Southwest quarter of Fractional Section 31, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 2: (APN: 153-110-04) Section 36, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Except all oil, gas, oil shale, coal, phosphate, sodium, gold, silver and all other mineral deposits contained in said land, and further reserving to the State of California and persons authorized by the State, the right to drill for and extract such deposits of oil and gas, orgas, and to prospect for, mine and remove such deposits of other minerals from said land and to occupy and use so much of the surface of said land as may be required therefore, upon compliance with the conditions and subject to the provisions and limitations of Chapter 5, Part I, Division 6 of the Public Resources Code, as reserved in Patent recorded June 10, 1958 in Book 2962, Page(s) 503 of Official Records. Parcel 3: (APN: 153-110-05) Section 35, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kem, State of California, according to the Official Plat thereof. Parcel 4: (APN: 153-180-09) The East half of Fractional Section 31, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kem, State of California, according to the Official Plat thereof. Parcel 5: (APN: 153-180-10) The West half of Fractional Section 31, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 6: (APN: 181-190-14) The East half of Fractional Section 31, Township 30 South, Range 38 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Exhibit C-1 LA\1902192.4 Parcel 7: (APN: 181-190-15) The West half of Fractional Section 31, Township 30 South, Range 37 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 8: (APN: 181-190-16) Fractional Section 36, Township 30 South, Range 36 %2 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Except all oil, gas, oil shale, coal, phosphate, sodium, gold, silver and all other mineral deposits contained in said land, and further reserving to the State of California and persons authorized by the State, the right to drill for and extract such deposits of oil and gas, or gas, and to prospect for, mine and remove such deposits of other minerals from said land and to occupy and use so much of the surface of said land as may be required therefor, upon compliance with the conditions and subject to the provisions and limitations of Chapter 5, Part 1, Division 6 of the Public Resources Code, as reserved in Patent recorded July 29, 1959 in Book 3170, Page(s) 179 of Official Records. Parcel 9: (APN: 442-010-07) Section 11, Township 30 South, Range 34 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Except an undivided %2 interest in all oil, gas and hydrocarbon substances, within or underlying said land, as granted to J.C. Walser, also known as John Caswell Walser and Blanche Walser, husband and wife as joint tenants, in Deed recorded July 9, 1937 in Book 731, Page(s) 490 of Official Records. Parcel 10: (APN: 442-010-04) Fractional Section 1, Township 30 South, Range 34 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California,,according to the Official Plat thereof. Parcel 11: (APN: 442-010-02) The South half of the South half of Fractional Section 2, Township 30 South, Range 34 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Except an undivided %2 interest in all oil, gas and hydrocarbon substances, within or underlying said land, as granted to J.C. Walser, also known as John Caswell Walser and Blanche Walser, husband and wife as joint tenants, in Deed recorded July 9, 1937 in Book 731, Page(s) 490 of Official Records. Parcel 12: (APN: 442-030-05) Section 13, Township 30 South, Range 34 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California,according to the Official Plat thereof. Exhibit C-2 LA\1902192.4 Parcel 13: (APN: 442-030-03) Section 14, Township 30 South, Range 34 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Except all the coal and other minerals in the land so patented together with the right to prospect for, mine and remove the same pursuant to the provisions and limitations of the Act of December 29, 1916 (Stat. 862) as reserved by the United States of America in the Patent recorded December 24, 1923 in Book 22, Page(s) 19 of Official Records. Parcel 14: (APN: 443-010-02) Section 23, Township 30 South, Range 34 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 15: (APN: 444-010-01) Fractional Section 3, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 16: (APN: 444-010-04) Lots 1 and 2 of the Northeast quarter; and the South half of the Northeast quarter; and the Southeast quarter, of Fractional Section 2, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 17: (APN: 444-020-16) Fractional Section 7, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kem, State of California, according to the Official Plat thereof. Parcel 18: (APN: 444-020-14) The North half of the North half of Section 8, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Except and reserving to the United States, pursuant to the provisions of the Act of August 1, 1946 (60 Stat. 755), all uranium, thorium or any other materials which is or may be determined to be peculiarly essential to the production of fissionable materials, whether or not of commercial value, together with the right of the United States through it's authorized agents or representatives at any time to enter upon the lands and prospect for, mine and remove the same as reserved in the Patent from the United States of America, recorded April 27, 1949 in Book 1612, Page(s) 130 of Official Records. Parcel 19: (APN: 444-020-03) Fractional Section 5, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Exhibit C-3 LA\1902192.4 Parcel 20: (APN: 444-020-09) The West half of the Northeast quarter, the Southwest quarter of the Southeast quarter, and the West half of Section 9, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kem, State of California, according to the Official Plat thereof. Parcel 21: (APN: 444-010-13) The North half of the Northeast quarter, the Southwest quarter of the Northeast quarter, the Southeast quarter of the Northwest quarter, the West half of the Southeast quarter, and the East half of the Southwest quarter, of Section 10, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kem, State of California, according to the Official Plat thereof. Parcel 22: (APN: 444-030-06) The East half of the Southeast quarter, the Southwest quarter of the Southeast quarter of Section 14, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 23: (APN: 444-010-10) Section 11, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 24: (APN: 444-030-01) Section 15, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kem, State of Califomia, according to the Official Plat thereof. Parcel 25: (APN: 444-030-08) Section 13, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated Area County of Kern, State of California, according to the Official Plat thereof. Parcel 26: (APN: 444-040-02) Section 17, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 27: (APN: 444-040-09, 11 and 13) The West half of the Northeast quarter, the East half of the Northeast quarter, the North half of the Southeast quarter, the South half of the Southeast quarter, and the Southwest quarter of Section 16, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kenn, State of California, according to the Official Plat thereof. Parcel 28: (APN: 444-040-15) Section 21, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kem, State of California, according to the Official Plat thereof. Exhibit C-4 \ LA\1902192.4 Exhibit C-5 LA\ 1902192.4 Parcel 29: (APN: 444-030-11) Section 23, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 30: (APN: 444-060-05) The North half of Section 28, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 31: (APN: 444-070-01 & 02) Fractional Section 3, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 32: (APN: 444-080-05) The North half of Fractional Section 5, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 33: (APN: 444-080-06) The South half of Fractional Section 5, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 34: (APN: 444-080-11) The West half, and the Southwest quarter of the Southeast quarter of Section 8, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 35: (APN: 444-080-09). Section 9, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 36: (APN: 444-080-01 & 02) Fractional Section 6, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 37: (APN: 444-080-13 & 15) Fractional Section 7, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Exhibit C-6 LA\1902192.4 Parcel38: (APN: 444-090-01) Section 15, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel39: (APN: 444-100-04) The West half, the West half of the Northeast quarter, the Southeast quarter of the Northeast quarter, and the Southeast quarter, of Section 16, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 40: (APN: 444-100-02) Section 17, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 41: (APN 444-100-07) Section 21, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 42: (APN: 444-100-10 & 11) Fractional Section 19, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 43: (APN: 444-090-07) Section 23, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 44: (APN: 444-110-03) Section 25, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Except a strip of land 200 feet wide granted to the City of Los Angeles by the Southern Pacific Land Company by Deed recorded March 13, 1920 in Book 346, Page(s) 421 of Deeds. Parcel 45: (APN: 444-110-08) Section 35, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 46: (APN: 444-110-06) The North half of the Northwest quarter, the Southwest quarter of the Northwest quarter, the West half of the Southwest quarter, the Southeast quarter of the Southwest quarter, and the East half of Section 36, Exhibit C-7 LA\1902192.4 Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 47: (APN: 443-030-16) Section 25, Township 30 South, Range 34 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof Parcel 48: (APN; 444-010-08) Section 12, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 49: (APN: 444-040-18 & 19) Fractional Section 19, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 50: (APN: 444-050-04) Section 25, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 51: (APN: 444-050-01) Section 27, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. , Parcel 52: (APN: 444-060-03) Section 29, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 53: (APN: 444-060-08) Section 33, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 54: (APN: 444-120-06) The Southwest quarter of Section 28, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 55: (APN: 444-120-02) Section 29, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Exhibit C-8 LA\1902192A Parcel 56: (APN: 444-010-06) Fractional Section 1, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Exhibit C-9 LA\1902192.4 RECOROING MQUE5TED DY STEWART 71TU RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO, . AND SEND TAX STATEMENTS TO: The City of Vernon 4305 Santa Fe Avenue Vernon, California 90058 Attention: Jeff Harrison, Esq., City Attorney CONFORM80 COPY DATE: /0_/2-R-909 _ INST.: 0A& X 111!P!�LTd - PT -' n tkP T' 'TIT(._F (Space Above This Line For Recorder's Use Only) The undersigned grantor declares: Documentary Transfer Tax not shown pursuant to Section 11932 of the California Revenue and Taxation Code, as amended APNs: See Exhibit A GRANT DEED FOR VALUE RECEIVED, ReNu RESOURCES, LLC, a Delaware limited liability company ("Grantor"), hereby grants to the CITY OF VERNON, a California chartered city ("Grantee'), all of its right, title and interest in and to. the following property: (a) that certain real property situated in the County of Kern, State of California, described on Exhibit A attached hereto and by this reference incorporated herein (the "Wind Land'), subject to all matters of record and subject to the reservations described on Exhibit A. (b) the buildings, structures, fixtures and other improvements, if any, affixed to or located on the Wind Land. (c) except for the Excluded Mineral Rights (as defined below), all oil, gas and other hydrocarbon substances or other mineral rights on and under the Wind Land. (d) except for the Excluded Subsurface Water (as defined below), all water, water stock and water rights on and under the Wind Land. (e) all rights, easements and rights -of -way appurtenant to, or used in connection with, the beneficial use and enjoyment of the Wind Land. "Excluded Mineral Rights" means all rights to minerals located 500 feet or more below the surface of the Wind Land; provided, however, that Grantor hereby grants Grantee, and the Excluded Mineral Rights and the Excluded Subsurface Water (as defined below) shall not include, the right to use whatever geological features, if any, in or under the Wind Land that are useful for the storage of compressed gasses and designated from time to time by Grantee. � � LAV 905135.1 r "Excluded Subsurface Water" means all rights to any subsurface water located 500 feet or more below the surface of the Wind Land to the extent such water is in excess of any subsurface water to be used by Grantee (or its successors and assigns) on or adjacent to the Wind Land. [signature page follows] LA\1905135.1 2 IN WITNESS WHEREOF, the undersigned has executed this Grant Deed dated as of October _, 2008. ReNu RESOURCES, LLC, a Delaware limited liability Name: Nicholas V. Morosoff Tide: Secretary LA\1905135.1 3 STATE OF CALIFORNIA COUNTY OF LOS ANGELES On October 15, 2008, before me, Ellen Jo Rose, a Notary Public, personally appeared Nicholas V. Morosoff, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and' acknowledged to me that helshe/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. wITNESZen, icial seal. By.�._ tary Public SEAL - mIssi JO ROSE • ,�j��.^.'?�� Commfsslon # 15203b4 Notary Public — Callfornlag Los Angeles County My Comm. Iplres Oct 18, 2W8 EXHIBIT A TO GRANT DEED LEGAL DESCRIPTION Parcel 1: (APN: 153-120-10 & 11) The East half, Lots 1 and 2 of the Northwest quarter, and Lots 1 and 2 of the Southwest quarter of Fractional Section 31, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 2: (APN: 153-110-04) i Section 36, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Except all oil, gas, oil shale, coal, phosphate, sodium, gold, silver and all other mineral deposits contained in said land, and further reserving, to the State of California and persons authorized by the State, the right to drill for and extract such deposits of oil and gas, or gas, and to prospect for, mine and remove such deposits of other minerals from said land and to occupy and use so much of the surface of said land as may be required therefore, upon compliance with the conditions and subject to the provisions and limitations of Chapter 5, Part I, Division 6 of the Public Resources Code, as reserved in Patent recorded June 10, 1958 in Book 2962, Page(s) 503 of Official Records. Parcel 3: (APN: 153-110-05) Section 35, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 4: (APN: 153-180-09) The East half of Fractional Sectional, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kem, State of California, according to the Official Plat thereof. Parcel 5: (APN: 153-180-10) The West half of Fractional Section 31, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 6: (APN: 181-190-14) The East half of Fractional Section 31, Township 30 South, Range 38 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Exhibit A-i LA\1905135.1 Parcel 7: (APN: 181-190-15) The West half of Fractional Section 31, Township 30 South, Range 37 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 8: (APN: 181-190-16) Fractional Section 36, Township 30 South, Range 36 '/z East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Except all oil, gas, oil shale, coal, phosphate, sodium, gold, silver and all other mineral deposits contained in said land, and further reserving to the State of California and persons authorized by the State, the right to drill for and extract such deposits of oil and gas, or gas, and to prospect for, mine and remove such deposits of other minerals from said land and to occupy and use so much of the surface of said land as may be required therefor, upon compliance with the conditions and subject to the provisions and limitations of Chapter 5, Part I, Division 6 of the Public Resources Code, as reserved in Patent recorded July 29, 1959 in Book 3170, Page(s) 179 of Official Records. Parcel 9: (APN: 442-010-07) Section 11, Township 30 South, Range 34 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California; according to the Official Plat thereof. Except an undivided''/z interest in all oil, gas and hydrocarbon substances, within or underlying said land, as granted to J.C. Walser, also known as John Caswell Walser and Blanche Walser, husband and wife as joint tenants, in Deed recorded July 9, 1937 in Book 731, Page(s) 490 of Official Records. Parcel 10: (APN: 442-010-04) Fractional .Section 1, Township 30 South, Range 34 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 11: (APN: 442-010-02) The South half of the South half of Fractional Section 2, Township 30 South, Range 34 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Except an undivided'/z interest in all oil, gas and hydrocarbon substances, within or underlying said land, as granted to J.C. Walser, also known as John Caswell Walser and Blanche Walser, husband and wife as joint tenants, in Deed recorded July 9, 1937 in Book 731, Page(s) 490 of Official Records. Parcel 12: (APN: 442-030-05) Section 13, Township 30 South, Range 34 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Exhibit A-2 LA\l 905135.1 Parcel 13: (APN: 442-030-03) Section 14, Township 30 South, Range 34 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Except all the coal and other minerals in the land so patented together with the right to prospect for, mine and remove the same pursuant to the provisions and limitations of the Act of December 29, 1916 (Stat. 862) as reserved by the United States of America in the Patent recorded December 24, 1923 in Book 22, Page(s) 19 of Official Records. Parcel 14: (APN: 443-010-02) Section 23, Township 30 South, Range 34 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 15: (APN: 444-010-01) Fractional Section 3, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 16: (APN: 444-010-04) Lots 1 and 2 of the Northeast quarter, the South half of the Northeast quarter; and the Southeast quarter, of Fractional Section 2, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 17: (APN: 444-020-16) Fractional Section 7, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kem, State of California, according to the Official Plat thereof. Parcel 18: (APN: 444-020-14) The North half of the North half of Section 8, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Except and reserving to the United States, pursuant to the provisions of the Act of August 1, 1946 (60 Stat. 755), all uranium, thorium or any other materials which is or may be determined to be peculiarly essential to the production of fissionable materials, whether or not of commercial value, together with the right of the United States through it's authorized agents or representatives at any time to enter upon the lands and prospect for; mine and remove the same as reserved in the Patent from the United States of America, recorded April 27, 1949 in Book 1612, Page(s) 130 of Official Records, Parcel 19: (APN: 444-020-63) Fractional Section 5, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Exhibit A-3 LAU 905135.1 Parcel 20: (APN: 444-020-09) The West half of the Northeast quarter, the Southwest quarter of the Southeast quarter, and the West half of Section 9, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel21: (APN: 444-010-13) The North half of the Northeast quarter, the Southwest quarter of the Northeast quarter, the Southeast quarter of the Northwest quarter, the West half of the Southeast quarter, and the East half of the Southwest quarter, of Section 10, Township 30 South, Range 35 .East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 22: (APN: 444-030-06) The East half of the Southeast quarter, the Southwest quarter of the Southeast quarter of Section 14, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 23: (APN: 444-010-10) Section 11, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 24: (APN: 444-030-01) Section 15, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 25: (APN: 444-030-08) Section 13, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated Area County of Kern, State of California, according to the Official Plat thereof. Parcel 26: (APN: 444-040-02) Section 17, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 27: (APN: 444-040-09, 11 and 13) The West half of the Northeast quarter, the East half of the Northeast quarter, the North half of the Southeast quarter, the South half of the Southeast quarter, and the Southwest quarter of Section 16, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 28: (APN: 444-040-15) Section 21, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. / I, \ Exhibit A-4 LA\l 905135.1 Parcel 29: (APN: 444-030-11) Section 23, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 30: (APN: 444-060-05) The North half of Section 28, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kem, State of California, according to the Official Plat thereof. Parcel 31: (APN: 444-070-01 & 02) Fractional Section 3, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 32: (APN: 444-080-05) The North half of Fractional Section 5, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 33: (APN: 444-080-06) The South half of Fractional Section 5, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 34: (APN: 444-080-11) The West half, and the Southwest quarter of the Southeast%quarter of Section 8, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kem, State of California, according to the Official Plat thereof. Parcel 35: (APN: 444-080-09) Section 9, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 36: (APN: 444-080-01 & 02) Fractional Section 6, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 37: (APN: 444-080-13 & 15) Fractional Section 7, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Exhibit A-5 LAU 905135.1 Parcel 38: (APN: 444-090-01) Section 15, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 39: (APN: 444-100-04) The West half, the West half of the Northeast quarter, the Southeast quarter of the Northeast quarter, and the Southeast quarter, of Section 16, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 40: (APN:444-100-02) Section 17, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 41: (APN 444-100-07) Section 21, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 42: (APN: 444-100-10 & 11) Fractional Section 19, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 43: (APN: 444-090-07) Section 23, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 44: (APN: 444-110-03) Section 25, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Except a strip of land 200 feet wide granted to the City of Los Angeles by the Southern Pacific Land Company by Deed recorded March 13, 1920 in Book 346, Page(s) 421 of Deeds. Parcel 45: (APN: 444-110-08) Section 35, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 46: (APN: 444-110-06) The North half of the Northwest quarter, the Southwest quarter of the Northwest quarter, the West half of the Southwest quarter, the Southeast quarter of the Southwest quarter, and the East half of Section 36, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Exhibit A-6 LA\1905135.1 Parcel 47: (APN: 443-030-16) Section 25, Township 30 South, Range 34 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof Parcel 48: (APN: 444-010-08) Section 12, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated. area, County of Kern, State of California, according to the Official Plat thereof. Parcel 49: (APN: 444-040-18 & 19) Fractional Section 19, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 50: (APN: 444-050-04) Section 25, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 51: (APN: 444-050-01) Section 27, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 52: (APN: 444-060-03) Section 29, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 53: (APN: 444-060-08) Section 33, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated \ area, County of Kern, State of California, according to the Official Plat thereof. Parcel 54: (APN: 444-120-06) The Southwest quarter of Section 28, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 55: (APN: 444-120-02) Section 29, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 56: (APN: 444-010-06) Fractional Section 1, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Exhibit A-7 LA\1905135.1 SEPARATE STATEMENT OF DOCUMENTARY TRANSFER TAX Document No. Recorded October 11, 2008 STATEMENT OF TAX DUE AND REQUEST THAT TAX DECLARATION NOT BE MADE A PART OF THE PERMANENT RECORD IN THE OFFICE OF THE COUNTY RECORDER (PURSUANT TO SECTION 11932 REVENUE AND TAXATION CODE) TO: Recorder County of Kern Request is hereby made in accordance with the provisions of the Documentary Transfer Tax Act that the amount of the tax due not be shown on the original document which names: Grantor: ReNu RESOURCES, LLC, a Delaware limited liability company Grantee: CITY OF VERNON, a California chartered city The property described in the accompanying document is located in the County of Kern, State of California. The amount of tax due the County of Kern on the accompanying document is $ 14! , zoo. 00 X Computed on full value of property conveyed. OR Computed on full value, less liens and encumbrances remaining at the time of sale. ReNu RESOURCES, LLC, a Delaware limi .liability By: Name: Nicholas V. Morosoff Title: Secretary LA\1905135.1 . ASSIGNMENT This instrument is executed and delivered to be effective as of October 1-1 , 2008, by and between ReNu RESOURCES, LLC, a Delaware limited liability company ("Seller"), and the CITY OF VERNON, a California chartered city ("Buyer"), covering the real property described in Exhibit A attached hereto ("Real Property"). Capitalized terms used herein and not otherwise defined herein have the meanings provided them in that certain Amended and Restated Purchase Agreement and Sale Agreement and Joint Escrow Instructions dated as of October 8, 2008, by and between Seller and Buyer (the "Purchase Agreement"). 1. Assignment. For good and valuable consideration, Seller hereby assigns, transfers, sets over and conveys to Buyer the following property: (a) all of Seller's right, title and interest in and to the leases ("Leases") and security deposits ("Security Deposits") described in Exhibit B attached hereto relating to the Real Property; (b) all of Seller's rights, remedies, privileges and claims ("Rights and Remedies") with respect to the contracts described in Exhibit C attached hereto (the "Contracts") to the extent the Rights and Remedies relate to any real or person property acquired thereunder and acquired by Buyer pursuant to the Purchase Agreement, including, without limitation: (i) any right Seller may have to indemnification under the Contracts; and (ii) Seller's Rights and Remedies with respect to any breach by any other party to the Contracts of its representations, warranties or covenants thereunder; and (c) all of Seller's right, title and interest in and to (i) all certificates of occupancy and governmental licenses and permits relating to the Wind Property, if any, (ii) all contracts and/or agreements, if any, relating to (1) the management, upkeep, repair, maintenance or operation of the Wind Property and/or (2) the design, construction, rehabilitation and/or modification of the improvements or any portion thereof (including, without limitation, (x) any rights of Seller to proceed against contractors, architects, engineers and consultants (and any of their respective insurers under "additional insured". endorsements or otherwise), and (y) any causes of action accruing against any of the foregoing prior to Closing, in each case in connection with any defects in the WL Improvements or otherwise), and (iii) construction and equipment warranties and guarantees, if any. Buyer hereby accepts such assignment of the Leases and hereby assumes and agrees to be bound by and to perform, as of the date hereof, Seller's obligations, covenants and agreements under the Leases accruing on or after the date hereof (but specifically excluding any assumption of any pre-existing defaults that continue to remain uncured), and Buyer further assumes all liability of Seller for the proper refund or return of the Security Deposits if, when, and as required by the terms of the Leases or otherwise ,by law. Buyer hereby accepts the assignment of Rights and Remedies, and the property described in clause (c), with the understanding that Buyer does not assume, and Seller does not assign, any of Seller's obligations, liabilities, covenants or agreements under the Contracts, or the contracts and or agreements described in clause (c). LA11905132.2 2. Successors and Assigns. This instrument is binding upon, and shall inure to the benefit of Seller and Buyer and their respective heirs, legal representatives, successors and assigns. 3. Power and Authority. Each of Buyer and Seller represents and warrants to the other that it is fully empowered and authorized to execute and deliver this instrument, and that the individual signing this instrument on its behalf is fully empowered and authorized to do so. [signature page follows] l 2 LA\1905132.2 IN WITNESS WHEREOF, the undersigned have caused this instrument to be executed effective as of the date written above. SELLER: ReNu RESOURCES, LLC, a Delaware limited liability company By: V Name: Nicholas V. Morosoff Title: Secretary BUYER: CITY OF VERNON, ATTEST: a California chartered city By: By: Name: Name: Title: Title: APPROVED AS TO FORM: Un LA\1905132.2 Name: Title: IN WITNESS WHEREOF, the undersigned have caused this instrument to be executed effective as of the date written above: SELLER: ReNu RESOURCES, LLC, a Delaware limited liability company Bv: Name: Title: BUYER: CITY OF VERNON, a California chartered city By: 2&e6r-� .v Name: Hilario G nzales Title: Mayor Pro Tem LA\1905132 ATTEST: By: N me: Kristen nomoto itle: Deputy City Clerk APPROVED AS TO FORM: By: N •Je A. Harrison Ti e:City Attorney EXHIBIT A TO ASSIGNMENT DESCRIPTION OF REAL PROPERTY Parcel 1: (APN: 153-120-10 & 11) The East half, Lots 1 and 2 of the Northwest quarter, and Lots 1 and 2 of the Southwest quarter of Fractional Section 31, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 2: (APN: 153-110-04) Section 36, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Except all oil, gas, oil shale, coal, phosphate, sodium, gold, silver and all other mineral deposits contained in said land, and further reserving to the State of California and persons authorized by the State, the right to drill for and extract such deposits of oil and gas, or gas, and to prospect for, mine and remove such deposits of other minerals from said land and to occupy and use so much of the surface of said land as may be required therefore, upon compliance with the conditions and subject to the provisions and limitations of Chapter 5, Part I, Division 6 of the Public Resources Code, as reserved in Patent recorded June 10, 1958 in Book 2962, Page(s) 503 of Official Records. Parcel 3: (APN: 153-110-05) Section 35, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 4: (APN: 153-180-09) The East half of Fractional Section 31, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 5: (APN: 153-180-10). The West half of Fractional Section 31, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in.the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 6: (APN: 181-190-14) The East half of Fractional Section 31, Township 30 South, Range 38 East, Mount Diablo Base and Meridian, in the un-incorporated area; County of Kern, State of California, according to the Official Plat thereof. Exhibit A-1 LA\1905135.1 Parcel 7: (APN: 181-190-15) The West half of Fractional Section 31, Township 30 South, Range 37 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 8: (APN: 181-190-16) Fractional Section 36, Township 30 South, Range 36'/z East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Except all oil, gas, oil shale, coal, phosphate, sodium, gold, silver and all other mineral deposits contained in said land, and further reserving to the State of California and persons authorized by the State, the right to drill for and extract such deposits of oil and gas, or gas, and to prospect for, mine and remove such deposits of other minerals from said land and to occupy and use so much of the surface of said land as may be required therefor, upon compliance with the conditions and subject to the provisions and limitations of Chapter 5, Part I, Division 6 of the Public Resources Code, as reserved in Patent recorded July 29, 1959 in Book 3170, Page(s) 179 of Official Records. Parcel 9: (APN: 442-010-07) Section 11, Township 30 South, Range 34 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Except an undivided'/x interest in all oil, gas and hydrocarbon substances, within or underlying said land, C as granted to J.C. Walser, also known as John Caswell Walser and Blanche Walser, husband and wife as joint tenants, in Deed recorded July 9, 1937 in Book 731, Page(s) 490 of Official Records. Parcel 10: (APN: 442-010-04) Fractional Section 1, Township 30 South, Range 34 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 11: (APN: 442-010-02) The South half of the South half of Fractional Section 2, Township 30 South, Range 34 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, }according to the Official Plat thereof. Except an undivided'/2 interest in all oil, gas and hydrocarbon substances; within or underlying said land, as granted to J.C. Walser, also known as John Caswell Walser and Blanche Walser, husband and wife as joint tenants, in Deed recorded July 9, 1937 in Book 731, Page(s) 490 of Official Records. Parcel 12: (APN: 442-030-05) Section 13, Township 30 South, Range 34 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Exhibit A 2 LA\1905135.1 Parcel 13: (APN: 442-030-03) Section 14, Township 30 South, Range 34 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Except all the coal and other minerals in the land so patented together with the right to prospect for, mine and remove the same pursuant to the provisions and limitations of the Act of December 29, 1916 (Stat. 862) as reserved by the United States of America in the Patent recorded December 24, 1923 in Book 22, Page(s) 19 of Official Records. Parcel 14: (APN: 443-010-02) Section 23, Township 30 South, Range 34 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof Parcel 15: (APN: 444-010-01) Fractional Section 3, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 16: (APN: 444-010-04) Lots 1 and 2 of the Northeast quarter, the South half of the Northeast quarter; and the Southeast quarter, of Fractional Section 2, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 17: (APN: 444-020-16) Fractional Section 7, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California,.according to the Official Plat thereof. Parcel 18: (APN: 444-020-14) The North half of the North half of Section 8, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Except and reserving to the United States, pursuant to the provisions of the Act of August 1, 1946 (60 Stat. 755), all uranium, thorium or any other materials which is or may be determined to be peculiarly essential to the production of fissionable materials, whether or not of commercial value, together with the right of the United States through it's authorized agents or representatives at any time to enter upon the lands and prospect for, mine and remove the same as reserved in the Patent from the United States of America, recorded April 27, 1949 in Book 1612, Page(s) :130 of Official Records. Parcel 19: (APN: 444-020-03) Fractional Section 5, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un- incorporated.area, County of Kern, State of California, according to the Official Plat thereof. Exhibit A=3 LA11905135.1 Parcel 20: (APN: 444-020-09) The West half of the Northeast quarter, the Southwest quarter of the Southeast quarter, and the West half of Section 9, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 21: (APN: 444-010-13) The North half of the Northeast quarter, the Southwest quarter of the Northeast quarter, the Southeast quarter of the Northwest quarter, the West half of the Southeast quarter, and the East half of the Southwest quarter, of Section 10, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 22: (APN: 444-030-06) The East half of the Southeast quarter, the Southwest quarter of the Southeast quarter of Section 14, Township 30 South, Range 35. East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 23: (APN: 444-010-10) Section 11, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 24: (APN: 444-030-01) Section 15, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 25: (APN: 444-030-08) Section 13, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated Area County of Kern, State of California, according to the Official Plat thereof. Parcel 26: (APN: 444-040-02) Section 17, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 27: (APN: 444-040-09,11 and 13) The West half of the Northeast quarter, the East half of the Northeast quarter, the North half of the Southeast quarter, the South half of the Southeast quarter, and the Southwest quarter of Section 16, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 28: (APN: 444-040-15) Section 21, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Exhibit A-4' LA11905135.1 Parcel 29: (APN: 444-030-11) Section 23, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 30: (APN: 444-060-05) The North half of Section 28, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 31: (APN: 444-070-01 & 02) Fractional Section 3, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 32: (APN: 444-080-05) The North half of Fractional Section 5, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel33: (APN: 444-080-06) The South half of Fractional Section 5, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof Parcel 34: (APN: 444-080-11) The West half, and the Southwest quarter of the Southeast quarter of Section 8, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 35: (APN: 444-080-09) Section 9, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 36: (APN: 444-080-01 & 02) Fractional Section 6, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 37: (APN: 444-080-13 & 15) Fractional Section 7, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Exhibit A-5 LA\1905135.1 Parcel 38: (APN: 444-090-01) Section 15, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 39: (APN: 444-100-04) The West half, the West half of the Northeast quarter, the Southeast quarter of the Northeast quarter, and the Southeast quarter, of Section 16, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 40: (APN: 444-100-02) Section 17, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 41: (APN 444-100-07) Section 21, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 42: (APN: 444-100-10 & 11) Fractional Section 19, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 43: (APN: 444-090-07) Section 23, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 44: (APN: 444-110-03) Section 25, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Except a strip of land 200 feet wide granted to the City of Los Angeles by the Southern Pacific Land Company by Deed recorded March 13, 1920 in Book 346, Page(s) 421 of Deeds. Parcel 45: (APN: 444-110-08) Section 35, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County, of Kern, State of California, according to the Official Plat thereof. Parcel 46: (APN: 444-110-06) The North half of the Northwest quarter, the Southwest quarter of the Northwest quarter, the West half of the Southwest quarter, the Southeast quarter of the Southwest quarter, and the East half of Section 36, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. I Exhibit A-6 LA\1905135.1 Parcel 47: (APN: 443-030-16) Section 25, Township 30 South, Range 34 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof Parcel 48: (APN: 444-010-08) Section 12, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 49: (APN: 444-040-18 & 19) Fractional Section 19, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 50: (APN: 444-050-04) Section 25, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 51: (APN: 444-050-01) Section 27, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 52: (APN: 444-060-03) Section 29, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 53: (APN: 444-060-08) Section 33, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 54: (APN: 444-120-06) The Southwest quarter of Section 28, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 55: (APN: 444-120-02) Section 29, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 56: (APN: 444-010-06) Fractional Section 1, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Exhibit A-7 LA\ 1905135.1 EXHIBIT B TO ASSIGNMENT LEASES Mineral Extraction Lease dated September 29, 2003, by and between Carlton Global Resources, LLC, a Delaware limited liability company, as lessee, and Seller, as lessor, as the same has been amended, restated, supplemented or otherwise modified prior to the Effective Date. Exhibit B LA\1905132.2 I EXHIBIT C TO ASSIGNMENT CONTRACTS 1. Purchase and Sale Agreement and Joint Escrow Instructions executed as of February 4, 2008, by and between Rudnick Estates Trust, Oscar Rudnick Trustee, and Seller, as amended, supplemented or otherwise modified pursuant to (i) that certain First Amendment of Purchase and Sale Agreement and Joint Escrow Instructions executed as of July 30, 2008, (ii) that certain Second Amendment of Purchase and Sale Agreement and Joint Escrow Instructions executed as of September 2, 2008, (iii) that certain Third Amendment of Purchase and Sale Agreement and Joint Escrow Instructions executed as of September 4, 2008, (iv) that certain Fourth Amendment of Purchase and Sale Agreement and Joint Escrow Instructions executed as of September 10, 2008, (v) that certain Fifth Amendment of Purchase and Sale Agreement and Joint Escrow Instructions executed as of September 19, 2008, (vi) that certain Sixth Amendment of Purchase and Sale Agreement and Joint Escrow Instructions executed as of September 26, 2008, (vii) that certain Seventh Amendment of Purchase and Sale Agreement and Joint Escrow Instructions executed as of September 26, 2008, and (viii) that certain Eighth Amendment of Purchase and Sale Agreement and Joint Escrow Instructions executed as of October 2, 2008 (as so amended, the "Rudnick Purchase Agreement"). 2. Estoppel Letter executed by Carlton Global Resources, LLC, a Delaware limited liability company, and delivered to Seller in connection with the closing under the Rudnick Purchase Agreement. Exhibit C LA\1905132.2 BUYER'S CLOSING CERTIFICATE October 17, 2008 Reference is hereby made to that certain Amended and Restated Purchase and Sale Agreement and Joint Escrow Instructions dated as of October 8, 2008 (the "Purchase Agreement"), by and between the City of Vernon, a California chartered city ("Buyer" ), and ReNu Resources, LLC, a Delaware limited liability company ("Seller"). Pursuant to clause (i) of Section 8.2.2 of the Purchase Agreement, Buyer hereby certifies to Seller that all representations and warranties of Buyer in the Purchase Agreement remain true and complete and that, to the best of Buyer's knowledge, no facts exist which would make such representations or warranties misleading or incomplete in any respect, and that Buyer has performed all of its material obligations required by it to be performed pursuant to the Purchase Agreement prior to and during the Closing Date (as defined" in the Purchase Agreement). [signatures follow] LA\1896071.1 IN WITNESS WHEREOF, this Closing Certificate has been executed as of the date first set forth above. BUYER: CITY OF VERNON, ATTEST: a California chartered city By: �iU,, -, L Name: Hilario Gonzales Title: Mayor Pro-Tem LA\1896071 By: Na e:Kri en Enomoto Title: Deputy City Clerk APPROVED AS TO FORM: By: N :,J f A. Harrison Ti e:Cit Attorney SELLER'S CLOSING CERTIFICATE October �1, 2008 Reference is hereby made to that certain Amended and Restated Purchase and Sale Agreement and Joint Escrow Instructions dated as of October 8, 2008 (the "Purchase Agreement"), by and between the City of Vernon, a California chartered city ("Buyer"), and ReNu Resources, LLC, a Delaware limited liability company ("Seller"). Pursuant to clause (iii) of Section 8.2.1 of the Purchase Agreement, Seller hereby certifies to Buyer that (except as set forth on Exhibit A) all representations and warranties of Seller in the Purchase Agreement remain true and complete and that, to the best of Seller's knowledge, no facts exist which would make such representations or warranties misleading or incomplete in any respect, and that Seller has performed all of its material obligations required by it to be performed pursuant to the Purchase Agreement prior to and during the Closing Date (as defined in the Purchase Agreement). [signatures follow] LA\1896071.1 IN WITNESS WHEREOF, this Closing Certificate has been executed as of the date first set forth above. SELLER: ReNu RESOURCES, LLC a Delaware limited liability company y Name: Nicholas V. Morosoff Title: Secretary LA\ 1896071.1 Exhibit A Seller was informed on October 13, 2008 of the existence of a lawsuit filed in Kern County Superior Court by Oscar Rudnick as Trustee against the owner of a parcel adjacent to the Wind Property regarding certain easement rights over such adjacent party that are claimed to be appurtenant to the Wind Property. Seller is attempting to obtain further information regarding the lawsuit and will provide all such information to Buyer as soon as available. Seller was informed by the Trust on October 14, 2008 that Carlton Global Resources, LLC, the tenant under that certain Mineral Extraction Lease dated September 29, 2003, did not pay to the Trust the lease payments due to the Trust on September 1, 2008. Seller was further informed by the Trust that the lease payments due on September 1, 2007 were not received by the Trust until January of 2008. LA\1896071,1 ALTA Owner's Policy (6-17-06) POLICY OF TITLE INSURANCE ISSUED BY stew rt title guaranty company Any notice of claim and any other notice or statement in writing requiired to be given 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, STEWART TITLE GUARANTY COMPANY, a Texas 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 be 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 (1) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation; (ii) failure of any'person or Entity to have authorized a transfer or conveyance; (ill) 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) ad ocument 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 violationor 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 enforbe, 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 inent 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. Countersigned by: Stewart" Senior Chairman oft a Board title guaranty company Authorized Countersignature Stewart'ritle of California, Inc. i s . -. q —:.,ti� Chairman of the Board ua ,wo fi R 3 z s President 051129 File No.: 1452-,134642 Part 1 of Policy Serial No. 0-9301-469978 f you want information about coverage or need assistance to resolve complaints, please call our toll free number; 1-800-729-1902. If you make a claim under your policy, you must furnish written notice in accordance with Section 3 of the Conditions, Visit our Word -Wide Web site at http:/Mww.stewart.com Fstewart Page 1 of 27 0015CG COVERED RISKS (Continued) 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 (11) 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. 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; 4. 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. 2. Rights of eminent domain. This Exclusion does not modify or limit the 5. 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. 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. 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 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 10 and 11 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 whollyowned 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 0015CG 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. (1) "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. U) "ritle": 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. Fstewart Page 2 of 27 CONDITIONS (Continued) CONTINUATION OF INSURANCE ( The coverage of this policy shalt 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 (11) an obligation secured by a purchase money Mortgage given to the insured. 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, 01) 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 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. A. 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, shalt provide for the 1 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. (c) 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 (1) in securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (il) 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. 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 (b) CONDITIONS (Continued) 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. 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 Companyup 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)(1) 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. 0015CG Fstewart Page 3 of 27 B. 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 (1) 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, (1) 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 eitheras 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 ofthe Company. 1.0. 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. v 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 001 5CG 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 CRules'i). 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 therefore 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 jurisdcctiioi 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. (c) 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 at P.O. Box 2029, Houston, TX 77252-2029. rstewart Page 4 of 27 ALTA OWNER'S POLICY (6/17/06) SCHEDULE A File No.: 134642 Policy No.: 0-9301-469978 Amount of insurance: $42,000,000.00 Premium. $30,030.00 Date of Policy: October 17, 2008 at 8:00 A.M. 1. Name of Insured: City of Vernon, a California Chartered City 2. The estate or interest in the land is: A Fee as to Parcels 1 thru 56 inclusive; an easement for access and use of electric power transmission lines and other Permissible Uses, as such term is defined in and pursuant to a TRANSMISSION EASEMENT, dated as of October 16, 2008, by ReNu Resources, LLC, a Delaware limited liability company, to the CITY OF VERNON, a California chartered city, recorded October 17, 2008, as Instrument No. 0208165193 and 0208165194, of Official Records, as to Parcels 57 thru 72 inclusive; and a non-exclusive easement to access utilities and roads, pursuant to an ACCESS EASEMENT AND LICENSE AGREEMENT, dated as of October 16 2008, by ReNu RESOURCES LLC, a Delaware limited liability company, to the CITY OF VERNON, a California chartered city, recorded October 17 2008, as Instrument No 0208165195, of Official Records, as to Parcels 57 Thru 113 inclusive; 3. Title is vested in: City of Vernon, a California Chartered City 4, The Land referred to herein is situated in the State of California, County of Kern, Unincorporated Area, and described as follows: WIND LAND Parcel 1: (APN: 153-120-10 & 11) The East half, Lots 1 and 2 of the Northwest quarter, and Lots 1 and 2 of the Southwest quarter of Fractional Section 31, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 2; (APN: 153-110-04) Section 36, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Except all oil, gas, oil shale, coal, phosphate, sodium, gold, silver and all other mineral deposits contained in said land, and further reserving to the State of California and persons authorized by the 0 No.: 134642 015CG rstewart C)�me Du .Mtycompany Page 5 of 27 State, the right to drill for and extract such deposits of oil and gas, or gas, and to prospect for, mine and remove such deposits of other minerals from said land and to occupy and use so much of the surface of said land as may be required therefore, upon compliance with the conditions and subject to the provisions and limitations of Chapter 5, Part I, Division 6 of the Public Resources Code, as reserved in Patent recorded June 10, 1958 in Book 2962, Page(s) 503 of Official Records. Parcel 3: (APN: 153-110-05) Section 35, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 4: (APN: 153-180-09) The East half of Fractional Section 31, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 5: (APN: 153-180-10) The West half of Fractional Section 31., Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 6: (APN: 181-190-14) The East half of Fractional Section 31, Township 30 South, Range 38 East, , Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. l Parcel 7: (APN: 181-190-15) The West half of Fractional Section 31, Township 30 South, Range 37 East, , Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 8: (APN: 181-190-16) Fractional Section 36, Township 30 South, Range 36'/Z East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Except all oil, gas, oil shale, coal, phosphate, sodium, gold, silver and all other mineral deposits contained in said land, and further reserving to the State of California and persons authorized by the State, the right to drill for and extract such deposits of oil and gas, or gas, and to prospect for, mine and remove such deposits of other minerals from said land and to occupy and use so much of the surface of said land as may required therefor, upon compliance with the conditions and subject to the provisions and limitations of Chapter 5, Part I, Division 6 of the Public Resources Code, as reserved in Patent recorded July 29, 1959 in Book 3170, Page(s) 179 of Official Records. Parcel 9: (APN: 442-010-07) Section 11, Township 30 South, Range 34 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. File No.: 134642 �steWart 0015CG +awe�eniycam� v Page 6 of 27 Except an undivided %2 interest in all oil, gas and hydrocarbon substances, within or underlying said land, as granted to J.C. Walser, also known as John Caswell Walser and Blanche Walser, husband and wife as joint tenants, in Deed recorded July 9, 1937 in Book 731, Page(s) 490 of Official Records. Parcel 10: (AM 442-010-04) Fractional Section 1, Township 30 South, Range 34 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 11: (APN: 442-010702) The South half of the South half of Fractional Section 2, Township 30 South, Range 34 East, Mount ` Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Except an undivided %2 interest in all oil, gas and hydrocarbon substances, within or underlying said land, as granted to J.C. Walser, also known as John Caswell Walser and Blanche Walser, husband and wife as joint tenants, in Deed recorded July 9, 1937 in Book 731, Page(s) 490 of Official Records. Parcel 12: (APN: 442-030-05) Section 13, Township 30 South, Range 34 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 13: (APN: 442-030-03) Section 14, Township 30 South, Range 34 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Except all the coal and other minerals in the land so patented together with the right to prospect for, mine and remove the same pursuant to the provisions and limitations of the Act of December 29, 1916 (Stat. 862) as reserved by the United States of America in the Patent recorded December 24, 1923 in Book 22, Page(s) 19 of Official Records. Parcel 14: (APN: 443-010-02) Section 23, Township 30 South, Range 34 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 15: (APN: 444-010-01) Fractional Section 3, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 1 b: (APN: 444-010-04) Lots 1 and 2 of the Northeast quarter; the South half of the Northeast quarter and the Southeast quarter, of Fractional Section 2, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 17: (APN: 444-020-16) File No.: 134642 eNygrt 0015Co �.mI9 g_tY comP" Page 7 of 27 Fractional Section 7, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 18: (APN: 444-020-14) The North half of the North half of Section 8, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Except and reserving to the United States, pursuant to the provisions of the Act of August 1, 1946 (60 Stat. 755), all uranium, thorium or any other materials which is or may be determined to be peculiarly essential to the production.of fissionable materials, whether or not of commercial value, together with the right of the United States through it's authorized agents or representatives at any time to enter upon the lands and prospect for, mine and remove the same as reserved in the Patent from the United States of America, recorded April 27, 1949 in Book 1612, Page(s) 130 of Official Records. Parcel 19: (APN: 444-020-03) Fractional Section 5, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 20: (APN: 444-020-09) The West half of the Northeast quarter; the Southwest quarter of the Southeast quarter, and the West half of Section 9, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 21: (APN: 444-010-13) The North half of the Northeast quarter, the Southwest quarter of the Northeast quarter, the Southeast quarter of the Northwest quarter, the West half of the Southeast quarter, and the East half of the Southwest quarter, of Section 10, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 22: (APN: 444-030-06) The East half of the Southeast quarter, the Southwest quarter of the Southeast quarter of Section 14, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 23: (APN: 444-010-10) Section 11, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 24: (APN: 444-030-01) Section 15, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 25: (APN: 444-030-08) File No.: 134642 L_iE jw 1. 0015CG mW g�rycomaern Page 8 of 27 Section 13, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area County of Kern, State of California, according to the Official Plat thereof. f` Parcel 26: (APN: 444-040-02) Section 17, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 27: (APN: 444-040-09, 11 and 13) The West half of the Northeast quarter, the East half of the Northeast quarter, the North half of the Southeast quarter, the South half of the Southeast quarter, and the Southwest quarter of Section 16,' Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 28: (APN: 444-040-15) Section 21, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area; County of Kern, State of California, according to the Official Plat thereof Parcel 29: (APN: 444-030-11) Section 23, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 30: (APN: 444-060-05) The North half of Section 28, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 31: (APN : 444-070-01 & 02) Fractional Section 3, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 32: (APN: 444-080-05) The North half of Fractional Section 5, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 33: (APN: 444-080-06) The South half of Fractional Section 5, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 34: (APN: 444-080-11) The West half, and the Southwest quarter of the Southeast quarter of Section 8, Township 30 South, ( Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of \ California, according to the Official Plat thereof. File No.: 134642 steVl/cArt 0015CG —.mom® �.a�,MmPe v Page 9 of 27 Parcel 35: (APN: 444-080-09) Section 9, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 36: (APN: 444-080=01 & 02) Fractional Section 6, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 37: (APN: 444-080-13 & 15) Fractional Section 7, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the,Official Plat thereof Parcel 38: (APN: 444-090-01) Section 15, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 39: (APN: 444-100-04) The West half, the West half of the Northeast quarter, the Southeast quarter of the Northeast quarter, and the Southeast quarter, of Section 16, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 40: (APN: 444-100-02) Section 17, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 41: (APN 444-100-07) Section 21, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. - Parcel 42: (APN: 444-100-10 & 11) Fractional Section 19, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 43: (APN: 444-090-07) Section 23, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof Parcel 44: (APN: 444-110-03) Section 25, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. File No.: 134642 S�eWdCt 0015CG tm. Guaranty—P—Y Page 10 of 27 Except a strip of land 200 feet wide granted to the City of Los Angeles by the Southern Pacific Land Company by Deed recorded March 13, 1920 in Book 346, Page(s) 421 of Deeds. Parcel 45: (APN: 444-110-08) i Section 35, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 46: (APN: 444-110-06) The North half of the Northwest quarter, the Southwest quarter of the Northwest quarter, the West half of the Southwest quarter, the Southeast quarter of the Southwest quarter, and the East half of Section 36, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 47: (APN: 443-030.16) Section 25, Township 30 South, Range 34 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof Parcel 48: (APN: 444-010-08) Section 12, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 49: (APN: 444-040-18 & 19) Fractional Section 19, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 50: (APN: 444-050-04) Section 25, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof: Parcel 51: (APN: 444-050-01) Section 27, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 52: (APN: 444-060-03) Section 29, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 53: (APN: 444-060-08) Section 33, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 54: (APN: 444-120-06) File No.: 134642 Stewart 0015CG �tma s�emv co..wanv Page 11 of 27 The Southwest quarter of Section 28, Township 3.0 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 55: (APN: 444-120-02) ., Section 29, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 56: (APN: 444-010-06) Fractional Section 1, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. EXCEPTING THEREFROM as to Parcels 1-56, certain mineral rights as reserved in Deed from ReNu Resources, LLC, a Delaware limited liability company, recorded October 17, 2008, as Instrument No. 0208165192 of Official Records of Kern County. Parcel 57: (APN: 153-170-01) Section 27, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 58: (APN: 153-180-12) The East half of the Southeast quarter of Section 28, Township 29 South, Range 36,East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the, Official Plat thereof. Except 1/16th of all coal, oil, gas and other mineral deposits contained in said lands as reserved by an Act of the Legislature approved May 25, 1921 (Chap. 303, Statutes, 1921), as reserved in the State of California, in Patent recorded March 29, 1923 in Book 484, Page(s) 42 of Official Records. Parcel 59: (APN: 153-180-02) The North half of the Northeast quarter of Section 29, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof Parcel 60: (APN: 153-180-04) The Southwest quarter of the Southeast quarter, and the Southwest quarter of Section 29, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof Parcel 61: (APN: 153-170-06) Fractional Section 35, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 62: (APN: 181-020-11) File No.: 134642 Sf M@rt 0015CG �Ntla 6—anb mmaeny Page 12 of 27 Fractional Section 7, Township 30 South, Range 37 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Except a strip of land 200 feet wide, granted to the City of Los Angeles by Deed recorded March 13, 1920 in Book 346, Page(s) 421 of Deeds. Also except that portion of said section, granted to the City of Los Angeles by Deed recorded September 20, 1973 in Book 4804, Page(s) 2459 of Official Records. Parcel 63: (APN: 181-080-32) Fractional Section 17, Township 30 South, Range 37 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Except a strip of land 200 feet wide granted to the City of Los Angeles, by Deed recorded September 20,- 1973 in Book 4804, Page(s) 2459 of Official Records. Parcel 64: (APN: 181-080-11) The East half of the Southeast quarter of the Northwest quarter, Lots 1, 2, 3 and 4, and the East half of the Southwest quarter of Fractional Section 19, Township 30 South, Range 37 East,, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Except a strip of land 200 feet wide, granted to the City of Los Angeles, by Deed recorded July 21, 1921 in Book 366, Page(s) 229 of Deeds. Parcel 65: (APN: 181-080-30) The North half of the Northeast quarter, the Southwest quarter of the Northeast quarter, the Northwest quarter, and the South half of Section 21, Township 30 South, Range 37 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Except a strip of land 250 feet wide, granted to the City of Los Angeles, by Deed recorded September 20, 1973 in Book 4804, Page(s) 2456 of Official Records. Also except a strip of land 200 feet wide as granted to the City of Los Angeles by Deed recorded September 20, 1973 in Book 4804, Page(s) 2459 of Official Records. Parcel 66: (APN: 181-190-02) The Northwest quarter and the South half of Section 29, Township 30 South, Range 37 East, , Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 67: (APN: 442-020-20) Section 9, Township 30 South, Range 34 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. \ Except an undivided %2 interest in all oil, gas and hydrocarbon substances, within or underlying said land, as granted to J.C. Walser, also known as John Caswell Walser and Blanche Walser, husband File No.: 134642 Stewart 0015CG �t1w Sue ty wmPeny Page 13 of 27 and wife as joint tenants, in Deed recorded July 9, 1937 in Book 731, Page(s) 490 of Official Records. Parcel 68: (APN: 442-010-10) The South half of the South half of Section 10, Township 30 South, Range 34 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Except an undivided %Z interest in all oil, gas and hydrocarbon substances, within or underlying said land, as granted to J.C. Walser, also known as John Caswell Walser and Blanche Walser, husband and wife as joint tenants, in Deed recorded July 9, 1937 in Book 731, Page(s) 490 of Official Records. Parcel 69: (APN: 442-030-01) Section 15, Township 30 South, Range 34 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 70: (APN: 442-040-01) The West half of the Southeast quarter, and the East half of the Southwest quarter of Section 18, Township 30 South, Range 34 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 71: (APN: 444-070-09) Section 11, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 72: (APN: 444-090-04) Section 13, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 73: (APN 153-051-03) Section 25, Township 29 South, Range 34 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 74: (APN 153-070-05) Lots 1,2,3,4,5,6,7,8,9,10 and 11, the Southwest quarter of the Northeast quarter,; the West half of the Southeast quarter, and the Southwest quarter of Fractional Section 1, Township 29 south, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 75: (APN 153-100-13) The East half of Section 19; Lot 1 of the Northwest quarter, the North Half of Lot 2 of the Northwest quarter; and Lots 1 and 2 of the Southwest quarter of Fractional Section 19, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of File No.: 134642 �gq+WCr 1 0015CG ""aePHY Page 14 of 27 Kern, State of California, according to the Official Plat thereof. Parcel 76; (APN 153-130-03) Fractional Section 1, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 77: (APN 153-030-05) Section 13, Township 29 South, Range 34 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 78: (APN 153-130-01) Fractional Section 3, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. EASTERN SOLAR LAND Parcel 79: (APN 153-140-05) Section 9, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the unincorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 80: (APN: 153-140-07) The East half of Fractional Section 7, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 81: (APN: 153-140-08) The West half of Fractional Section 7, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 82: (APN: 153-130-05) . Section 11, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 83: (APN: 153-150-02) The Northeast quarter, the East half of the Northwest quarter, the Northwest quarter of the Northwest quarter, the North half of the Southeast quarter, and the Southeast quarter of the Southeast quarter of Section 15, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 84: (APN: 153-150-04) Section 13, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. File No.: 134642 s V M L 0015CG �vwgu tyo pm y Page 15 of 27 Parcel 85: (APN: 153-160-02) Section 17, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 86: (APN: 153-160-06) The Northeast quarter, the Northeast quarter of the Southeast quarter, the Northeast quarter of the Northwest quarter, and Lots 1 and 2, of Fractional Section 19, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 87: (APN: 153-160-04) Section 21, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 88: (APN: 153-150-06) The East half of the East half, the Southwest quarter of the Southeast quarter, and the South half of the Southwest quarter, of Section 23, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 89: (APN: 153-170-03) Section 25, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 90: (APN: 153-170-04) The Northwest quarter of the Northwest quarter, the East half of the Northwest quarter, the Northeast quarter, and the South half of Section 36, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Except all oil, gas, oil shale, coal, phosphate, sodium, gold, silver and all other mineral deposits contained in said land, and further reserving to the State of California and persons authorized by the State, the right to drill for and extract such deposits of oil and gas, or gas, and to prospect for, mine and remove such deposits of other minerals from said land and to occupy and use so much of the surface of said land as may be required therefor, upon compliance with the conditions and subject to the provisions and limitations of Chapter 5, Part I, Division 6 of the Public Resources Code, as reserved in Patent recorded June 10, 1958 in Book 2962, Page(s) 503 of Official Records. Parcel 91: (APN: 153-240-14) The Southwest quarter of Section 29, Township 29 South, Range 37 East,, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Except a strip of land 200 feet wide granted to the City of Los Angeles, by Deed recorded March 13, 1920 in Book 346, Page(s) 421 of Deeds. C File No.: 134642 stewart. 0015CG �W. Guaranty as +Pw Page 16 of 27 Also except that portion of said Southwest quarter, granted to the City of Los Angeles by Deed recorded September 20, 1973, in Book 4804, Page(s) 2459 of Official Records. Parcel 92: (APN: 153-240-12) Section 31, Township 29 South, Range 37 East, , Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official.Plat thereof. Except a strip of land 200 feet wide granted to the City of Los Angeles, by Deed recorded March 13, 1920, in Book 346, Page(s) 421 of Deeds. Also except that portion of said section, granted to the City of Los Angeles by Deed recorded September 20, 1973 in Book 4804, Page(s) 2459 of Official Records. Parcel 93: (APN: 153-240-16) The South half of the Northwest quarter, the Southwest quarter of the Northeast quarter, the West half of the Southeast quarter, and the Southwest quarter, of Fractional Section 33, Township 29 South, Range 37 East, , Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Except a strip of land 250 feet wide granted to the City, of Los Angeles, by Deed recorded September 20, 1973 in Book 4804, Page(s) 2456 of Official Records. Parcel 94: (APN: 181-020-02) Fractional Section 5, Township 30 South, Range 37 East,, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official PIat thereof. Parcel 95: (APN: 181-020-13) Fractional Section 9, Township 30 South, Range 37 East,, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof Except a strip of land 250 feet wide granted to the City of Los Angeles, by Deed recorded September 20, 1973 in Book 4804, Page(s) 2456 of Official Records. Parcel 96: (APN 444-070-05) The North half, and the Southwest quarter of Fractional Section 1, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the unincorporated area, County of Kern, State of California, according to the Official Plat thereof. WESTERN SOLAR LAND Parcel 97: (APN: 153-070-02) Lots 1 and 2 of the Northeast quarter, the East half of Lot 2 of the Northwest quarter, the North half of the Southeast quarter, and the Southeast quarter of the Southeast quarter, of Fractional Section 3, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. File No.: 134642 ��+}eWr2r . odl$CG Ilea9 a—wany Page 17 of 27 Parcel 98: (APN: 153-070-03) The Southwest quarter of the Southwest quarter of Fractional Section 3, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 99: (APN: 153-070-07) Section 11, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 100: (APN: 153-080-08) Lots 1 and 2 of the Northeast quarter, and the Southeast quarter of Fractional Section 5, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 101: (APN: 153-080-02) Lots 1 and 2 of the Northwest quarter, and the Southwest quarter of Fractional Section 5, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 102: (APN: 153-080-05) The Southeast quarter of Section 8, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. l Parcel 103: (APN: 153-080-04) Section 9, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 104: (APN: 153-090-01) Section 15, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 105: (APN: 153-090-03) Section 13, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 106: (APN: 153-100-03) Section 17, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 107: (APN: 153-100-10) File No.: 134642 �st4! W rt 0015CG uee9 tyconVwv Page 18 of 27 Section 21, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. ( Parcel 108: (APN: 153-090-05) Section 23, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 109: (APN: 153-110-03) Section 25, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 110: (APN: 153-110-01) Section 27, Township 29 South,.Range 35 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 111: (APN: 153-120-02) Section 29, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. .. ........ _. __ Parcel 112: (APN: 153-120704) The North half of the Northeast quarter, and.the Northeast quarter of the Northwest quarter of Section 28, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 113: (APN: 153-120-07) The East halt' of the Northeast quarter, the Northwest quarter of the Northeast quarter, the East half of the Southeast quarter, and the West half of Section 33, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. File No.: 134642 eWart 0015Co mf e wc, Page 19 of 27 ALTA OWNER'S POLICY (6/17/06) File No:: 134642 Policy No: 4-9301 -469978 SCHEDULE B EXCEPTIONS FROM COVERAGE 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: Property taxes, which are a lien not yet due and payable, including any assessments collected with taxes, to be levied for the fiscal year 2008 - 2009 which are a lien not yet payable. A. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5 (commencing with Section 75) of the Revenue and Taxation Code of the State of California. The following exceptions 1-30 affect Parcels 1 thru 78 I:IA 1. Any assessments levied or which may be levied by Kern -Antelope Valley Water Storage District. None now due and payable. 2. Right of the public in and to that portion of said property lying within the line of Jawbone Road (Road 938), Affects Parcels 1, 2 and 19; Jawbone Canyon Road, (Affects Parcel 19); and Jawbone Road, (Affects Parcels 38, 43, 41,35,and 39, 64 and 65, as it now exists 3. Any adverse claim based upon the assertion that: (a) Some portion of said land has been created by artificial means or has accreted to such portion so created. - (b) Some portion of said land has been brought within the boundaries thereof by an avulsive movement of the river or stream hereinafter mentioned, or has been formed by accretion to any such portion. River or Stream: Back Canyon Creek (Affects Parcels 14, 70, and 47, Cottonwood Creek (Affects Parcels 1, 17, 18 and 20) and Jawbone Creek also known as Jawbone Canyon Creek, (Affects Parcels 43 and 55); An un-named creek as disclosed by the assessor's parcel map book 181, page 08, (Affects Parcels 64 and 65.) Rights and easements for navigation and fishery which may exist over that portion of said land lying beneath the waters of the river or stream above -mentioned. Any rights in favor of the public which may exist on said land if said land or portions thereof are or were at any time used by the public. 4. The Los Angeles Aqueduct as shown upon the current Assessors Parcel Map. Affects: Parcels 8, 44, 46, 62 and 64. An easement for the purpose shown below and rights incidental thereto as set forth in a document in favor of the public for the purpose of any lawfully established county roads, recorded December 29, 1932 in Book 271, Page(s) 1, of Deeds. No representation is made as to the present ownership of said easement. File No.: 134642 Stewart 0015CC3 �ddo euarenty company Page 20 of 27 6. An easement for the purpose shown below and rights incidental thereto as set forth in a document in favor of the City of Los Angeles for the purpose of construct, maintain, operate, reconstruct and repair pole lines and wires, recorded March 13, 1920 in Book 346, Page(s) 409, of Deeds, affects Parcels 44, 62, 65. No representation is made as to the present ownership of said easement. 7. An easement for the purpose shown below and rights incidental thereto as set forth in a document in favor of the public for the purpose of any lawfully established county roads, recorded December 29, 1932 in Book 458, Page(s) 274, of Official Records.. No representation is made as to the present ownership of said easement. Affects Parcels 43 and 45. 8. Reservations and provisions as contained in the patent from United States of America to James L. Black recorded August 29, 1933, in book 484, page 42, of Patents. Subject to any vested and accrued water rights for, mining, agricultural, manufacturing, or other purposes, and rights to ditches and reservoirs used in connection with such water rights as may be recognized and acknowledged by local customs, laws and decisions of courts. Also the right of proprietor of a vein or lode to extract and remove his ore therefrom should the same be found to penetrate or intersect the premises hereby granted as provided by law. And there is reserved from the lands hereby granted a right of way thereon for ditches or canals constructed by the authority of the United States. Affects: Parcel 58 9.. An easement for the purpose shown below and rights incidental thereto as set forth in a document in favor of the City of Los Angeles, a municipal corporation for the purpose of telephone and telegraph lines, recorded March 17, 1938 in Book 787, Page(s) 33, of Official Records. No representation is made as to the present ownership of said easement. Affects Parcel 64. 10. An easement for the purpose shown below and rights incidental thereto as set forth in a document in favor of the City of Los Angeles, a municipal corporation for the purpose of road and incidental purposes, recorded March 17, 1938 in Book 784, Page(s) 74, of Official Records. No representation is made as to the present ownership of said easement. Affects Parcel 64. 11. Reservations andprovisions'as contained in the patent from United States of America to A.J. Alexander and Oscar Rudnick recorded April 27, 1949, in book 1612, page 130, of Official Records. Subject to any vested and accrued water rights for, mining, agricultural, manufacturing, or other purposes, and rights to ditches and reservoirs used in connection with such water rights as may be �< recognized and acknowledged by local customs, laws and decisions of courts. File CG 134642 S��iWa�,•t 0015CG �.t,ag.� ty—W-,,. Page 21 of 27 Also the right of proprietor of a vein or lode to extract and remove his ore therefrom should the same be found to penetrate or intersect the premises hereby granted as provided by law. And there is reserved from the lands hereby granted a right of way thereon for ditches or canals constructed by the authority of the United States. Affects: Parcel 18. 12. An easement for the purpose shown below and rights incidental thereto as set forth in a document in favor of Department of Water and Power for the City of Los Angeles for the purpose of electric. transmission lines, together with right of ingress to said right of way across said adjoining lands of grantor from public highway most convenient to said right of way and right of egress from said right of to way to such highway across said adjoining lands of grantor over and along any road now existing or if none, then over the most direct and practical route grantee may select, recorded December 1, 1950 in Book 1749, Page(s) 556, of Official Records, affects Parcels 64. No representation is made as to the present ownership of said easement. 13. Reservations and Provisions as contained in the Patent from the State of California to Oscar Rudnick Trust recorded June 10, 1958 in Book 2962, Page(s) 503 of Official Records. 14. An easement for the purpose shown below and rights incidental thereto as set forth in a document in favor of The Pacific Telephone and Telegraph Company for the purpose of construct and maintain communication facilities, together with a right of way therefore and with right of access thereto, recorded November 14, 1958 in Book 3036, Page(s) 202, of Official Records. Affects: Parcel 73. 15. Reservations and Provisions as contained in the Patent from the State of California to Oscar Rudnick Trust recorded July 29, 1958 in Book 3170, Page(s) 179 of Official Records. Reserving in the people the absolute right to fish thereupon, as provided by Section 25 Article I of the Constitution of the State of California; Also further reserving to the State, it's successors and assigns, pursuant to Section 6210.5 of the Public Resources Code, a perpetual easement and right of way for convenient access to other lands owned by the State, it's successors and assigns. Affects: Parcel 8. 16. An easement for the purpose shown below and rights incidental thereto as set forth in a document in favor of United States of America, Department of the Interior Bureau of Land Management for the purpose of right of way for spring development and pipeline, recorded August 9, 1960 in Book 3291, Page(s) 639 , of Official Records, affects Parcel 54. No representation is made as to the present ownership of said easement. 17. An easement for the purpose shown below and rights incidental thereto as set forth in a document in favor of William N. Fritzsche, William R. Long and Michael Korda, dba Korda and Associates for the purpose of constructing, maintaining and using a roadway, recorded November 6, 1961 in Book 3431, Page(s) 404, Official Records, affects Parcels 30; 50; 51 and 52. No representation is made as to the present ownership of said easement. An Amendment to easement and agreement was recorded October 18, 1979 in Book 5237, Page(s) File No.: 134642 �lewart 0015CG t10-0— am,. W-Va",. Page 22 of 27 1732 of Official Records. 18. An easement for the purpose shown below and rights incidental thereto as set forth in a document in r favor of the City of Los Angeles, a municipal corporation for the purpose of support, slope purposes and for cutting and filling recorded September 20, 1973 in Book 4804, Page(s) 2459, of Official Records, affects Parcel 65. No representation is made as to the present ownership of said easement. 19. The Terms and Provisions of that certain License for Diversion and Use of Water, dated June 7, 1963, in favor of the State of California, Department of Fish and Game, Permit No. 12538, purpose: wildlife propagation, recorded June 10, 1963 in Book 3614, Page(s) 996 of Official Records. Affects: Parcel 43. 20. An easement affecting the portion of said land and for the purposes stated herein, and incidental purposes, condemned by final decree in favor of United States of America, for (a) to locate, construct, use, control, maintain, improve, relocate, and repair a 30 foot wide right of way for a trail (b) to provide access for the people of the Untied States generally to lands owned, administered and controlled by the United States of America (c) to provide use of said trail for the people of United States generally (d) to clear said right of way taken and keep the same clear of brush, timber, vegetation, and other materials (e) to dispose of such brush, timber, vegetation, and other materials within said right of way, Case No. CV-F-88-386REC, recorded: August 2, 1988 in Book 6148, Page(s) 1775, of Official Records, which affects Parcels 9; 11; 12; 47 and 49. 21, An agreement to which reference is made for full particulars dated July 19, 2000, by and between United States of American acting through the Bureau of Land Management and Oscar Rudnick, as Successor Trustee of the Rudnick Estates Trust, regarding Settlement of Eminent Domain Action, recorded August 23, 2000, as Instrument/File No. 0200103156 of Official. Records. Affects Parcels 9, 11, 12, and 49. 22. An easement dated April 16, 2003, by and between Oscar Rudnick, as Successor Trustee of the Rudnick Estates Trust ("Grantor") and Wind Turbine Prometheus, LLC, a Delaware Limited Liability Company ("Grantee"). A non-exclusive easement for road purposes in connection with Grantee's Wind Projects, including, but not limited to, the right to maintain, improve (including but not limited to, the right to widen the existing road to width of 60 feet) and repair the current roadway for vehicular and pedestrian access, ingress and egress to and from Grantor's property and Grantee's property and to and from adjoining public streets, and a temporary and non-exclusive construction easement in, over and across that portion of Grantor's property that lies adjacent to the existing roadway as may be necessary for the improvement and widening of such existing roadway, recorded May 22, 2003 as Instrument No. 0203100450 of Official Records. Said Easement was assigned pursuant to an assignment and Assumption Agreement to which reference is made for full particulars dated January 29,'2007, by and between Wind Turbine' Prometheus, LP., a Delaware Limited Partnership, successor by conversion of Wind Turbine Prometheus, LLC., a Delaware Limited Liability Company and the City of Los Angeles, acting through the Department of Water and Power recorded February 7, 2007, as Instrument/File No. 0207029617 of Official Records Affects: Parcel 41, 55 and other property. 23. An agreement to which reference is, made for full particulars dated September 23, 2003, by and between the Rudnick Estate Trust, Lessor and Trans -Western Materials, as Lessee, regarding Miner File No.: 134642 stewar L 0015CG �t1dog ntym-p" Page 23 of 27 Extraction Lease, recorded January 30, 2004, as Instrument/File No. 0204022751 of Official Records Affects: Parcels 43; 47; 49; 50; 51; 52 and 54. 24. Lack of aright of access to and from the land. Affects Parcels 31, 54, 55, 50, 44, 22, 29, 52, 53, 49, 47, 14, 12 and 47. 25. Water rights, claims or title to water in or under said land, whether or not shown by the public records. 26. Any defect in title or claim of defect arising from Kern County superior Court Case No. S-15500- PB-57626 or from the assertion that the Trustee of the Rudnick Estates Trust had no authority to sell the property described in Schedule A of the policy or from the failure to discloses the sale of said property from to ReNu Resources, LLC, a Delaware limited liability company, to the City of Vernon, to the Rudnick Estates Trust and the court mentioned above. 27. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the land which may be asserted by persons in possession thereof. 28. Discrepancies, conflicts in boundary lines, shortage in area, :encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 29. Unpatented mining claims. 30. Intentionally deleted. THE FOLLOWING EXCEPTIONS AFFECT PARCELS 79-96 (EASTERN SOLAR LAND): 31. Any assessments levied or which may be levied by Kern -Antelope Valley Water Storage District. 32. Right of the public in and to that portion of said property lying within the line of, Butterbread Road (NO.515). Affects: Parcels: 80, 81, 85 and 87. 33. An easement for the purpose shown below and rights incidental thereto asset forth in a document in favor of the public or the purpose of any lawfully established county roads, recorded December 29, 1932 in Book 271, Pages) 1, of Deeds. No representation is made as to the present ownership of said easement. 34. An easement for the purpose shown below and rights incidental thereto as set forth in a document in favor of the City of Los Angeles for the purpose of construct, maintain, operate, reconstruct and repair pole lines and wires, recorded March 13, 1920 in Book 346, Page(s) 409, of Deeds, affects Parcels 91 and 92. 35. An easement for the purpose shown below and rights incidental thereto as set forth in a document in favor of Department of Water and Power for the City of Los Angeles for the purpose of electric transmission lines, together with right of ingress to said right of way across said adjoining lands of grantor from pubic highway most convenient to said right of way and right of egress from said right of way to such highway across said adjoining lands of grantor over and along any road now existing or if none, then over the most direct and practical route grantee may select, recorded December 1, File No.: 134642 Stewart 0015co �W+e—toty—.Vm v Page 24 of 27 1950 in Book 1749, Page (s) 556, of Official Records, affects Parcels 93 and 95. 36. An easement for the purpose shown below and rights incidental thereto asset forth in a document in favor of the City of Los Angeles, a municipal corporation. for the purpose of support, slope purposes and for cutting and filling recorded September 20, 1973 in Book 4804, Page (s) 2459, of Official Records, affects Parcel 92. No representation is made as to the present ownership of said easement. 37. Intentionally deleted. 38. Any defect in title or claim of defect arising from Kern County superior Court Case No. S-1500-PB- 57626 or from the assertion that the Trustee of the Rudnick Estates Trust had no authority to sell the property described herein or from the failure to disclose the sale of said land from ReNu Resources, LLC, a Delaware limited liability company, to the City of Vernon, to the Rudnick Estates Trust and the court mentioned above. 39. Lack of a right of access to and from the land. Affects Parcels 85, 86, 87, 79, 83, 82, 84, 88, 89, 90, - 91, 92, 93, 94, 95 and 96.. 40. Water rights, claims or title to water in or under said land, whether or not shown by the public records. 41. Any facts, rights, interest, or claim which are not shown by the public records but which could be ascertained by an inspection of the land which may be asserted by persons in possession thereof. 42. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 43. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof. 44. Intentionally deleted.. THE FOLLOWING EXCEPTIONS AFFECT PARCELS 97-113 {WESTERN SOLAR LAND): 45. Right of the public in and to that portion of said property lying within the line of Butterbread Road (No. 515), affects Parcel 97, Jawbone Canyon Road No. 938, as it now exits, Affects Parcels 109, 110 and 113; Kelso Valley Rd., affects Parcels 107 and 112. 46. An easement for the purpose shown below and rights incidental thereto as set forth in a document in favor of the public for the purpose of any lawfully established county roads, recorded December 29, 1032, in Book 271, Page(s) 1, of Deeds. No representation is made as to the present ownership of said easement. 47. An easement for the purpose shown below and rights incidental thereto as set forth in a document in favor of George Albert Burke and Thomas Edward Burke for the purpose of private access, recorded May 9, 1994 in Book 7031, Page(s) 2021 of Official Records, affects Parcels 106 and 107. 48. Intentionally deleted File No.: 134642 stewart 0015CO �opo a�m,��,,,—,. Page 25 of 27 49. Lack of right of access to and from the land. Affects Parcels 97, 98, 99, 100, 101, 104, 105, 108 and 111... 50. Water rights, claims or title to water in or under said land, whether or not shown by the public records. 51. Any defect in title or claim of defect arising from Kern County superior Court Case No. S-1500-PB- 57626 or from the assertion that the Trustee of the Rudnick Estates Trust had no authority to sell the property described herein or from the failure to disclose the sale of said land from ReNu Resources, LLC, a Delaware limited liability company, to the City of Vernon, to the Rudnick Estates Trust and the court mentioned above. 52. Any fact, rights, interest, or claims which are not shown by the public records but which could be ascertained by an inspection of the land which may be asserted by persons in possession thereof. 53. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 54. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof. 55. Intentionally deleted.. THE FOLLOWING EXCEPTIONS AFFECTS PARCELS AS NOTED: 56. Terms and conditions of an option agreement, as disclosed by a MEMORANDUM OF OPTION, dated as of October 16, 2008, by and between ReNu Resources, LLC, a Delaware limited liability company and the CITY OF VERNON, a California chartered city, recorded October 17, 2008, as Instrument No. 0208165197, of Official Records. Affects Parcels 79-113. 57. The matters contained in a MEMORANDUM OF PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS, dated as of October 16, 2008, by and between the CITY OF VERNON, a California chartered city, and ReNu RESOURCES, LLC, a Delaware limited liability company, recorded October 17, 2008, as Instrument No. 0208165198 of Official Records. Affects Parcels 1 thru 56 58. Terms and conditions of a non-exclusive easement to access utilities and roads, along with'rights incidental thereto, pursuant to an ACCESS EASEMENT AND LICENSE AGREEMENT, dated as of October 16, 2008, by ReNu RESOURCES LLC, a Delaware limited liability company, to the CITY OF VERNON, a California chartered city, recorded October 17, 2008, as Instrument No. 0208165195 of Official Records. Affects all parcels. [Document No. 19021331 59. Terms and conditions of a non-exclusive easement for access and the use of electrical power transmission lines and other Permissible Uses as such term is defined in said document, along with. rights incidental thereto, pursuant to a TRANSMISSION EASEMENT, dated as of October 16, 2008, by ReNu RESOURCES LLC, a Delaware limited liability company, to the CITY OF VERNON, a California chartered city, recorded October 17, 2008, as Instrument No. 0208165193 of Official Records. Affects Parcels 1 thru 56 and Parcels 57 thru 72. [Document No. 1901486] 60. Anon -exclusive easement and right of way for access and an irrevocable, non-exclusive license for access, construct roads and exploit Excluded Mineral Rights as such term is defined in said document, along with rights incidental thereto, pursuant to an ACCESS EASEMENT AND LICENSE AGREEMENT, dated as of October 16, 2008, by the CITY OF VERNON, a California File No.: OO15CG 134642tPiWart aee guaranty con+aany Page 26 of 27 chartered city, to ReNu RESOURCES LLC, a Delaware limited liability company, recorded October 17, 2008, as Instrument No. 0208165196 of Official Records. Affects all Parcels. [Document No. 1902192] 61. A non-exclusive easement and right of way for access and the use of electrical power transmission lines, and other Permissible Uses, as said terms is defined in said document along with rights incidental thereto, pursuant to a TRANSMISSION EASMENT, dated as of October 16, 2008, by the CITY OF VERNON, a California chartered city, to ReNu RESOURCES LLC, a Delaware limited liability company, recorded October 17, 2008, as Instrument No. 0208165194 of Official Records. Affects. all parcels. [Document No.1902182] File No.: 134642 0015CG i-stewart Page 27 of 27 ENDORSEMENT ATTACHED To PoLicY No. 0-9301-469978 ISSUED 13Y Fstewart. title guaranty company HEREIN CALLED THE COMPANY Order No.: 1452-134642 Fee: $0.00 Endorsement Number: E-9936-10717630 Comprehensive 100.2.2/9.4 The company insures against loss or damage sustained by the Insured by reason of: 1. The existence, at Date of Policy, of any of the following unless expressly excepted in Schedule B: (a) Present violations on the Land of any enforceable covenants, conditions or restrictions, (b) Any instrument referred to in Schedule B as containing covenants, conditions or restrictions on the Land that, in addition, (i) establishes an easement on the Land: (ii) for an option to purchase, a right of first refusal, or the prior approval of a future purchaser or occupant; (iii) provides for a right of reentry, possibility of reverter, or right of forfeiture because of violations on the Land of any enforceable covenants, conditions, or restrictions. (c) Any notice of violation of covenants, conditions, or restrictions relating to environmental protection recorded or filed in the Public Records. Wherever in this endorsement the words "covenants, conditions, or restrictions" appear, they do not include the terms, covenants, conditions or limitations contained in an instrument creating a lease As used in paragraphs L(a), the words "covenants, conditions, or restrictions" do not include any covenants, conditions or restrictions (a) relating to obligations of any type to perform maintenance, repair, or remediation on the Land, or (b) pertaining to environmental protection of any kind or nature, including hazardous or toxic matters, conditions, or substances, except to the extent that a notice of a violation or alleged violation affecting the Land has been recorded or file in the Public Records at Date of Policy and is not excepted in Schedule B. Dated: October 17, 2008 In witness whereof, Stewart Title Guaranty Company has caused this policy to be signed and sealed by its duly authorized officers as of Date of Policy shown in Schedule A. " Countersigned by: Authorized Countersignature Stewart Title of California, Inc. �: tjq rt title guaranty company Senior Chairman oft a Board r Chairman of the Board 414 / -A), ...- js/ ENDORSEMENT ATTACHm To Poucy No. 0-9301-469978 zssuED BY Fstewart. title guaranty company HEREIN CALLED THE COMPANY Order No.- 1452-134642 Fee: $0.00 Endorsement Number: E-9936-9362940 Contiguity 116.4 modified The Company insures against loss or damage sustained by the Insured by reason of: The failure of Parcels 100,101,102,103 and 106 to be contiguous; the failure of Parcels 80 and 81 to be contiguous; the failure of Parcels 57 and 58 to be contiguous; the failure of Parcels 2,3,4,5,15,16,17,18,19,20,21,22,23,24,25,26,27,28,29,30,48,51,52,56, and 109 to be contiguous, the failure of 61,89,90,92 and 96 to be contiguous, the failure of Parcels 93 and 94 to be contiguous; the failure of Parcels 9,10,11,12,13,14,67,68, and 69 to be contiguous; the failure of Parcels 32,33,34,35,36,37,38,39,40,41,54, ,and 55 to be contiguous; the failure of Parcels 44,45,46,6,7 and 8 to be contiguous; the failure of Parcels 15,16,21,23,48, and 56 to be contiguous; the failure of Parcels 110,112 and 107 to be contiguous. OR the presence of any gaps, strips, or gores separating the contiguous boundary line described above. This endorsement does not insure against discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. Dated: October 17, 2008 In witness whereof, Stewart Title Guaranty Company has caused this policy to be signed and sealed by its duly authorized officers as of Date of Policy shown in Schedule A. Countersigned by: �stewart title guaranty company Authorized Countersignature Stewart Title of California, Inc. Aim - Senior Chairman of the Board Chairman of the Board President CLTA Form 103.7 (Rev. 06-03-05) ALTA or CLTA - Owner or Lender ENDORSEMENT ATTACHED TO POLICY No. 0-9301-469978 IssuED BY rt. title guaranty company HEREIN CALLED THE COMPANY Order No.: 1452-134642 Endorsement Number: E-2139-10739277 Land Abuts Street Fee: $0.00 The Company hereby insures the insured against loss or damage which the insured shall sustain by reason of the failure of the land shown as Parcels 80, 81, 85 and 87 to abut upon a physically open street known as Butterbread Road No. 515 and the land shown as Parcels 107, 109 and 110 to abut upon a physically open street known as Jawbone Road No. 938 This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements. Dated: October 17, 2008 In witness whereof, Stewart Title Guaranty Company has caused this policy to be signed and sealed by its duly authorized officers as of Date of Policy shown in Schedule A. Countersigned by: Authorized Countersignature Stewart Title of California, Inc. rt title guaranty company zi- 01'4C-. Senior Chairman oft a Board Chairman of the Board .,/,; �//President CLTA Form 103.7 (Rev. 06-03-05) ALTA or CLTA - Owner or Lender V / 0 1 N W L0 Q M N O0 ' •W uolgilpgna u eurym yo iiiidlM Eu j ie w.e PW* 1 dw..111 IODN 1 1 C + 1 ►p d jeu it 11 pW iifndMld IuiWiiliW ly i1 dwu iWl i1W1 Z ix W ad IL O 1-- Z M O V TitleWorks Description: Liz / Kern / Book.Page: 0153-0005 / Page 1 of 1 / Order: 0 i M N N 0 M N • "I uoIa1.IP4m to Wluo>t a urodind +ok P-1 W �uol�l�lp •o Alyu�.ro IoEol Ou'-dow so pony�uoo 1. q {ou It 11 'A�o li �owdmd 7uw�wtee wl q dow �l41 : •ION � O i Q n � b I `•$ b ocal wb Q APP" im°M� Q I LL v o r LLJ Q ,c OO A Z S W O�4 Z IL. O- O U) Z OC=) O OV N w U) a L Vy N In af IV af 13 �IZ� wmC-U � r r .a v = D p t 7, la O O p"`vial ,�O QO� W 8 G t J O C m Cep W to ; y o C 5 TitleWorks Description: Liz / Kern / Book.Page: 0153-0003 / Page 1 of 1 / Order: OM TitleWorks Description: Liz / Kern / Book.Page: 0153-0008 /Page 1 of 1 / Order: ODI oI Lnz Ir €w 0m zL,- IL 0 G N Z jr 7 0 NU w Q m <59 J�U�L S C m 00' O 1� Was �Y maT°' 1_ Z3 � y L O '0 ,:L § C 38 C , p� of 03 TitleWorks Description: Liz / Kern / Book.Page: 0153-0009 / Page 1 of 1,/ Order: R. L Z 1 W ci x z IL CLo EnZ wD 0 N U W M W d .S a$cg ..gai � oa v�za`(Di toN CDva� C T7U ` b "-y A .G y 2 m - U p O t CO—�O p FF .0 � .0 a > m ) O U con il QrL—Om� m y c 0'�'n 0 i M h AN, L, L0 �0 0 I M 0-0 N � C Q N v a Q li a� V a� a o� o U) ab N _ e gig a zm o$ 00 ( Z 0 t TitleWorks Description: Liz / Kern / Book.Page: 0153-0010 / Page 1 of 1 / Order: O ILI C 0 J 0 0 u � LAJ Z L0 CQ N �a TitleWorks Description: Liz / Kern / Book.Page: 0153-0011 / Page 1 of I Order: Z w 0 x Z L, CL 0 NZ w =) 00 U)(n U w in _N t /h to B D) !A a J 0 0 T V En • waI ualalaSoaM u0 buluor Id saaodiad ei P-1 P au01aMIP n dr.,.— I06PI aultail�Pd w Pwlls4oa ap 01 tau al It • Al" Oaaledand luawnaam bl al data •141 :a10D) "b O I I N p 0 a� cue O N e � ao N d Ci b C CL tj Q a Q N N a QVP ca n I 1 .f Q\ d ------------------ —cod ------ O n NNNON m I N I V N N� 47 O 1! N! Z W Z LL. n. 0 d� NZ I=_ O OV U) W U) �Q TitleWorks Description: Liz / Kern / Book.Page: 0153-0012 / Page 1 of 1 / Order: m 1 M N u, W 0) N 1-- 1 Pr) L ON O "I ueV1e1P4M .o *up" {c ..mdnd p{ PYM W Irl.-NIP a dlyf{�u.o IoE„ f f BuIIe�J+od m p�na49uoa e9 0l Wu q 11 ' Aryo uiadxrd Juwpusm bJ sI dour qYl : •IoN _ J= Z w ox ZU- QO NZ jx=) O 0 07 U W l-Ad I N I Q O - o a Z� 1 E'��U �CO0 CD G7 N iD R m m �a tl ° o °ov CUi uj fq w C �0 jS TitleWorks Description: Liz / Kern / Book.Page: 0153-0013 / Page 1 of 1 / Order: f I; W OY z 1,,, a° z BMOC o 0 Up Z ry C W N U c w--o m— wr='�m c >,ro�c mmC', � ��to ncm c roar n C T0 N r- O i h TitleWorks Description: Liz / Kern / Book.Page: 0153-0007 / Page 1 of 1 / Order: Cla • —I "1-1 Pqn� n Eup or le wm wdd nA P-1 W �uoVINP n dt4o" +w loft o NIAdllnd w p►nyouoa . W tW It II ' AP/P M utoduxl Inwnwpo n+ I, d" I_ : oloN O0 Z 0: O �d Z li. n. O cQ G N Z O OV to w to ♦n Q 0 y 44 0Lb — C 6C � Co to .0 fA o6 W m m n � 0 can p� K O m is gF GDm *H a Se a 8� TitleWorks Description: Liz / Kern / Book.Page: 0153-0014 / Page i of 1 / Order: N 0 J 0 z u n bi 0 N I— L M u7 • MI YOr.r.rpgeM A WplPlt jo N.o1md a3 P�q W .u.l"l IP ie dpe.Nuw IoDq t i WIAo4nd.. p.ntl.uo. .4 O ..ioe..e ruuwurm ,o►.r etw qYl :•wx N �t Af. Z W Q Y I Z L, d0 Q �- I yz Ov — rn W u I to Q O C O TitleWorks Description: Liz / Kern / Book.Page: 0153-0015 / Page 1 of 1 / Order: T M tn Ld 0 CID uj 0) N EOIRON+04 ro OMlI�Yea "OI 1- .1 11 'xIYO rn �` O Nfodwid IuwuMao "i III ft- 5141 : *ION �I b U f y to tb f Q ab � —N INN �r�j IV� ry_y OYi O iryh �a zU. a. 0 a� �Z o: a 00 U U w U) a O pCc O N m tj ..aop mmroo �E m In OUN��b — OO / Ll_ m 2a U.0 TitleWorks Description: Liz / Kern / Book.Page: 0153-0016 / Page 1 of 1 / Order: -. ..,. p It f •wsl uoINM00o+a OUNo* W uwd�nd u/ Ow! M.uoVNli q dlyu.uws 1.0.1 W Ia.ilw0 .o p-4.uoa..9 I0l lou 11111 rl _ � N l•F 1 �I z im I px z u- Q I a0 a N C z 00 oli -__ `_-__"y N U N (� �a� Q J O r Q_ a'N a 1 � w o o N l ICN— r O 1 M N -2CD Ch 6 aTi(13 C:p� p rL Y1 O Q 0 U E C m y H0 n TitleWorks Description: Liz / Kern / Book.Page: 0153-0017 / Page 1 of 1 J Order: 00-iOI$ ; 1, 1.1J (.C)mry� `-/ P » � N -a a C M N Q a � M I V �1 b � b M �Q f u� e a� I a ^ Iacu E TitleWorks Description: Liz / Kern / Book.Page: 0153-0018 / Page 1 of 1 / Order: i Uji it :w !w Ose Z LL, a0 N Z a=) O OV w W a N O a N r.1 4ol lubal- b Mquo. p..wdmI W •uenl!40 ,o dly.,wa4f 10" i d, d, Wt�sN,ed w O.n+l..da M •t 1- •1 of ' Rpo s..ed,nd Wwwuwe ,.j.1 d" .141 : •t.N M x ► 1.0 a hI N 2i ► N ► IyIN Q vJ d ► °� i v � h J n o o Al a to N m I1 I ° 1 ► am v W a Ira I m mM ut, lNV Or I�� w I d avi Im_rMj I 0 m I V% N -`'-4 - 'O C4 N a I O a- a INN Id N� I_V d a d Q 1 �. ► I �q CN- -J Z w w I. O Z m O u TitleWorks Description: Liz / Kern / Book.Page: 0153-0024 / Page 1 of 1 / Order: �. $ � - • w� uo�s���pgiu a Eupoa �n Nsodiue N ,01 PuW W �uoldNli M d�y►�w.w 1��1 � - 0)_ ry O - �� w PM�Iww p el lW �I N 'dluo O�YwultNgp 10� �� daw �141 : NoM � �.i LU — rr [Y O i V z LA.. I^\ T da, o a.O _ CO jr (� ; 0 u o Clie Ch W U U. INK Q I �. CS• d'K 10, aEli m IN ' O -� � s .0M a'I aN r z f1 I rn — b Ca CA m �- — T ---- -- O 0 O G Ivv Z s w CD Nro Wo of o N n OUN�*0 _ m Wd N ri a r � o ���,y� �� 4 q � S O a l M i N �� N N -N �N IZ N iary a R h) � J em sE -a sos l n " C 0 TitleWorks Description: Liz / Kern / Book.Page: 0181-0019 / Page 1 of 1 / Order: LQ J O O T u a W c0 M Wc� r(6 �O (Y) (1� OL- fy) O PZ Ch i i Ie puprw /o I PUDI O -U61ro Ioy pool p o Ion„ P Ie 1-6-1 ((k Eul(oyuod Io piny - M. -1 ll q lou p •.fryn * J) . uwdand rywnw"ro Iq �l dew SIYl t StoN p 0! Z aQ. U W `^ V, �I 9 a VJ �a Q 15 O 6 z 120 m csmu'E 16 VCD y A A TitleWorks Description: Liz ./ Kern / Book.Page: 0181-0008 / Page 1 of 1 / Order: (V O 1 Z W 0x zw a0 �F- �Z �a °v w N N a gp ac ym�CD C i0 wC >[d C ® O n O O U N o RC) Cd � 1) m to m m mix t= 0 N O TitleWorks Description: Liz / Kern / Book.Page: 0181-0002 / Page 1 of i / Order: �I u01�l��ppns n Euryer p �no0nq �i P�1 p wo1�MIP Jd tlryuww IopAl 6YIAe�1+oC w PM4Auoa sq of Jw tl JI Aryo t�foA�nA 1� aoJ Al Auu t141 :�IaH t b Lj /�(� V/ Y O i oa I � INN Ip� v I N m i t f — 4-'n F 1 . '0, a a 0j IT OQ O UZJ ZQ iz r O: I: Ni �c Z E UJ O Z 0-0 2� N Z a NU N W N N Q OO C I— U H .la 7itleWorks Description: Liz / Kern / Book.Page: 0442-0001 / Page 1 of 1 / Order: J 0 0 z V N • wl noleMWYM +v Ouryvr /e f�todird nl vuol M �noPMly-+o e;ywwo lVl : ewOq O EulAo�lge ro p�n�louou ►q 0l Wu 14 11 '.Iluo � s�sodwW luwnu�m q �l o., ��Ivll o l a Q Q � JI tl b I 1 41: 1- �- n �$ I I a ---� Z� � f I � I It n Cu a I O r ag I 1S7 ry Ci LH 6 till I _ i StLZ? 1 1 •�� I 1 N d ZZ Z IL c¢c 0 ii N Z Ce = 0 OCn v W N a 0 o cab=U n z me "? C Cm1 m C7 D 7 '� Ca +'C•' CL2a � aul 9. O :5 . 0 0 v TitleWorks Description: Liz / Kern / Book.Page: 0442-0002 / Page 1 of 1 Order: to F N 0 J O O T U En o'_ W 0 H 1 � ll rZ W J 'V O o y .S Ni Q. a o$d; V • a W O w 3s: Z Be-3 a o w _ y C5 $&s: In W N - N Q �at m L 1/d.� m =-cl 0 0 C G(00 m A Wo O U V).0 'IWO O 'O0D "' E G m y CC m lytl F2 TitleWorks Description: Liz / Kern / Book.Page: 0442-0003 / Page 1 of 1 / Order: 0 v v Ca w r� H N N b I I I I I Q ae icos.es Q I I N 0I I � I a I I I I. f Q �a I b T a Zo Q C U r— -0 N w 0 O W fl 409 a0 N r cJroJj U C m C mN C 8� TitleWorks Description: Liz / Kern / Book.Page: 0442-0004 / Page 1 of 1 / Order: w O F R i aQ a N � ae � O — — ci ao N a� 0 � 0 Q lJ I J I ''bryJ a I I . �I aQ � b I u t � I t t I 0 0 0 0: g�E W -es x U. s N Z �o og tt N a W o o 0 �_� —.a Ors d 0, o M., zY 2 m m 02 ta*a,- g°Qm no 1 m C 9 m N 8 Title Works Description: Liz / Kern / Book.Page: 0443-0001 / Page 1 of 1 / Order: Me M It It { W � O Cr 0 u • w1 UNSIALpgm A dupes yu wwd— i o »{ Pupl W Ous101p1.001 p �J c`N Eu�l�lsoo4AwN�dtl w{u Pn4 �qWjou 21 #1 .4- �M! uaw <{n m9141 :1ON : I' l —�f mi rZ Ku1-J UJ^I uza CL aQ K b Ci Oo b U qo WW a a� u I� N Al N On ary a N TitleWorks Description: Liz / Kern / Book.Page: 0443-0003 / Page 1 of i / Order: 0 ilM O 0 z V O 0 1 V • —1 uolsllWgM q Our"t )p v*wdm0 b/ Pu01,p Vu Pl IP lP d.,451. YO I6u1 WlAellgd w PM•ll a �0 al wu 11 'Auu O1Nedlnd lukwfana lol �1 d— -1 IL :Sa ---gym rr O I NC! i N In, r ao I a � Gj I m N� ' i o m 40 a� Qz v m N 01 � h n m q m 43 ( �p aos m i � N OO CJ I OO at g4 O u 02 '0'0 m U V /d --0O O ro M N o t OnO +� O to .0 *is .2 -Qm E ths �m3L 7 -6 fA C • C (0,) S1 k TitleWorks Description: Liz / Kern / Book.Page: 0444-0001 / Page 1 of 11 Order: Ld LO CO 0 m P • bl M" N. .E 0! le 41 jZx q: LL, 0 Z 0-0 ab �Z 00 or --- l a � �� ae � o � ae O 52--go 6 ZO 21 .3 Cc: 0 ja;, t: ,� � i m rd I D 0 0 yy ,�a oo� I 00 -6 C ► C. CD m 1 INS 1 1 P- TitleWorks Description: Liz / Kern / Book.Page: 0444-0002 / Page I of I order: I W m3 0 • O -1 uolypppin " eulus: M uss0+n0 b) Ousl {0 su010M10 a 4Wusuw IsEsl 6YlJ0J1%OC f0 psn4.— sY 03 IOV M 11 •AIW OsiwE�sa IYswsusse »J /1 Oow sMl : s1oN Q `l 0 I I v I ci Q9 � 5 , N ab Qo dQ o 0 � I b H H TitteWorks Description: Liz / Kern / Book.Page: 0444-0003 / Page 1 of 1 / Order: 0 ti i rn w LO r O 0 LO 0 11 v*ItIMOVn q pupw= {0 ".d w la} P.91 I. su01\M10 . tlry�l�uro 1oM1 O W1AOlIgA tp p1n112n0a 10 W IOu tl 11 'AWO N Nwtllnd SD P4. ts0'w� It 4 IO - t I : AM P f I ae I f bdQ � as f Cj f� � N aQ I b 0 0 �r l .� N '� t O p o�i�mo m m 0 o w .o °o-o W. rsm`3E In V IA IDal �ECuCa TitleWorks Description: Liz / Kern / Book.Page: 0444-0005 / Page 1 of 1 / Order: N a W �o 0 F- -.oI uol.l mv. » bury" to nweand �d1 Vu01 P .uo111.1p x dly...—I Paul 6.1,10,1 .d - p.nq.- q % W .1 11 ' At" lu O ..wdrod lu.....t. M/ 51 d.. I u O I:— rd I I � I aNc a� � l V I� Ci I d� b I � � a I o 4 � a e v m 0 �y 4 � I I y I m o I Ia rz ��� I �:' ro at_=�a I �nR' I u I Lbill IOp 0 v a r INIV+'� NN 11 I v o! 'i j Z d; w ' Y Z r, QO U)Z jr_ OU w M CAI 0 bru g mom ED _Z30p C p I�1 j� 11f C 2 4 R A C U (0-0 WO C1 Q �1►i I Qb�E LJ m b tN� C m m N rs v a TitleWorks Description: Liz / Kern / Book.Page: 0444-0004 / Page 1 of 1 / Order: N i H 0 J 0 0 x W 4-1 Z i Z W 0x zw o. 0 a� N Z 0: M NV U) W N N a TitleWorks Description: Liz / Kern / Sook.Page: 0444-0006 / Page 1 of 1 / Order: O11 v a 8 ry SUOJSI m A d.N loa s 6.1 Mi GuW j0 �UOI�I�,P q UUI� .1 it IoOM B.1 .11.4 so P-.Ab oa p of la u sl It 'e )_ ..d d pmst*rm ml o1 Eou ■141 Io1J rj D!i I i 1, z �tI w .4 immCLo iL. I a I 1 . O0 U p o e m I $$ ryn r. imq co I � dry NN ar �nn Q� Ira O n1 � INri LJ �l (Y) Imp o (10 a _ ID Mc (D pO=� M�t6 r O m �°oa`� ° !PE LJ �mu U Ul r.m� 3 22 AI '� % r-vZk TitleWorks Description: Liz / Kern / Book.Page: 0444-0007 / Page 1 of 1 Order: .el. •rei nol�l�lpgm�n lupat fa u+odme bf PnW W augtl IP » Oly�+suM 101�1 WlAngnC w Pw�l�wDa M el lun q 71 ' �pb O �n+eO.nA IuiullMYn iof �I wu, a141 :KIWI 0 I � . _ e,• i I J�ba,o IRd � I I N i f 0 I ab lam) f I I - � N I m m �dI � n1 N o b 1 �a I TitleWorks Description: Liz / Kern / Book.Page: 0444-0008 / Page 1 of 1 Order: o 0 0 N T V n� ' V 0 QQ J - ---- O O u • rul Yaltl�lpgnf o Euryet /o towdln7 ul-puo1 W woltlNp a dq'.0 lob O WµoulwA to pongutoa oq of �II '� siloEenO lu P"'I /0) u, EO. I t : LION ID 4 4w Iqw Yeli Z a IQn "�i I•n�a°a `n n W s A I�w (n ry n jaw ry 0 n I ry I h i I 1, � - I/ N N9 the I"* h4 I ry �o A �------ � _ % :gy . 1.2 U 0 .m �� � ro 5 � C re aoo m�.0a MA °oa�o +• ao�m a c�Li c° . Co wIm c` UII TitleWorks Description: Liz / Kern / Book.Page: 0444-0009 / Page 1 of 1 / Order: - rol uolsiepom ,o Eulw: w •nad,nd bl Pbl W suolems ,a dlgs,suwe loesl F W1fDllwd b P"jJ." W of im sl it 'Al- Oi Oi3 asbduM lu.un...b wl sl dom sivl 1 WN_. f _ �.� O ii �i 1 W �C 0 M H gT All 1 1 4 V I � `y I � i cs v b d� b I N n o �a V INV I M� Py I h 9 —ry IN Mrl Po) P 17 P Y 4 �i Z W O�d Z LL. (L 0 i Z �o. � U , W V! Q O iitleWorks Description: Liz / Kern / Book.Page: 0444-0010 / Page i of 1 / Order: li I e N O b ui (0 O iMM'/ I W N I0 �L 1_ I • •DI DDIfIplpgn I !D'1Di iD -.-dA d +Di "A."FouDlf�y Fowl w fy » d!Wifgw1 IDEN ® w P S.-limp a +9 Di wD y it /wD ffbdand 1YfW.Yfm A�fl dow {Hil :fIDN V-= m Z 3 N � .X I b o Z I \` U O TitleWorks Description: Liz / Kern / Book.Page: 0444-0011 / Page 1 of 1 / Order: a) pW W jnel*! !p ie I ft 91 11 ' �•` - EulleyioA 1 pm4tuea M N W+ It 1! 'yluo itMOa.M IuMuw�wn-yel u1dow ulyy :uloN C}t� Z W � O x il. 0 0 f Q} h' e ti N Z c) b (0 U J N 0 W m N u N 7-11-ja Cc,�g z�o.2 m ° n m m c �c m=��o m m _ p m WI . C � m TitleWorks Description: Liz / Kern / Book.Page: 0444-0012 / Page 1 of i / Order: ALTA Owner's Policy (6-17-06) POLICY OF TITLE INSURANCE ISSUED BY Stewart title guaranty company Any notice of claim and any other notice or statement in writing required to be given 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, STEWART TITLE GUARANTY COMPANY, a Texas 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 be 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 bylaw (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 5if 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. Countersigned by: Stewart title guaranty company 't " Senior Chairman of t to Board Authorized Countersignature Stewart Title of California, Inc. Chairman of the Board .2?zA'-•�:.. President 051129 File No.: 1452-134950 Part 1 of Policy Serial No. 0-9301-46991 you want information about coverage or need assistance to resolve complaints, please call our toll free number. 1-800-729-1902. If you make a claim under your ( olicy, you must furnish written notice in accordance with Section 3 of the Conditions. Visit our Word -Wide Web site at http:llw m,stewart.com 0015CG r-stewar 1 Page 1 of 12 COVERED RISKS (Continued) 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 courtorder 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 (1) to be timely, or (11) 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,I 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. EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, (b) not Known to the Company, not recorded in the Public Records at and the Company will not pay loss or damage, costs, attorneys' fees, or Date of Policy, but Known to the Insured Claimant and not disclosed expenses that arise by reason of., in writing to the Company by the Insured Claimant prior to the date 1. (a) Any law, ordinance, permit, or governmental regulation (including the Insured Claimant became an insured under this policy; those relating to building and zoning) restricting, regulating, prohibiting, or (c). resulting in no loss or damage to the Insured Claimant; relating to (d) attaching or created subsequent to Date of Policy (however, this (1) the occupancy, use, or enjoyment of the Land; does not modify or limit the coverage provided under Covered Risk (ii) the character, dimensions, or location of any improvement 9 and 10); or erected on the Land; (e) resulting in loss or damage that would not have been 'sustained if (fit) the subdivision of land; or the insured Claimant had paid value for the Title. (iv) environmental protection; 4. Any claim, by reason of the operation of federal bankruptcy,_ state or the effect of any violation of these laws, ordinances, or governmental insolvency, or similar creditors' rights laws, that the transaction vesting regulations. This Exclusion 1(a) does not modify or limit the coverage provided the Title as shown in Schedule A. is under Covered Risk 5. (a) a fraudulent conveyance or fraudulent transfer; or (b) Any governmental police power. This Exclusion '1(b) does not (b) apreferential transfer for any reason not stated in Covered Risk 9 of modify or limit the coverage provided under Covered Risk 8. this policy. 2. 2. Rights of eminent domain. This Exclusion does not modify or limit the 5. Any lien on the Title for real estate taxes or assessments Imposed by coverage provided under Covered Risk 7 or 8. governmental authority and created or attaching between Date of Policy 3. Defects, liens, encumbrances, adverse claims, or other matters and the date of recording of the deed or other Instrument of transfer in the (a) created, suffered, assumed, or agreed to by the Insured Claimant; 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 lnsurance": 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 10 and 11 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. (1) "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. 0) '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. stewart OO15CG—.Via 9�rycornpa v Page 2 of 12 CONDITIONS (Continued) 2. CONTINUATION OF INSURANCE The coverage of this policy shall continue in force as of Date of Policy ( 1 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 shalt 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(o) of these Conditions, (it) 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 the Company maybe liable by virtue of this policy, or (lit) 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. S. 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. (c) 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 (1) in securing evidence, 001 SCG obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (11) 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 bate 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. 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, attomeys' 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 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)(t) 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. CONDITIONS (Continued) Fstewart Page 3 of 12 B. DETERMINATION AND EXTENT OF LIABILITY shall defer the exercise of its tight to recover until after the This policy is a contract of Indemnity against actual monetary loss or Insured. Claimant shall have recovered its loss. damage sustained or incurred by the Insured Claimant who has (b) The Company's right of subrogation includes the rights of the suffered loss or damage by reason of matters insured against by this Insured to indemnities, guaranties, other policies of insurance, policy. or bonds, notwithstanding any terms or conditions contained in (a) The extent of liability of the Company for loss or those instruments that address subrogation rights. damage under this policy shall not exceed the lesser of (i) the Amount of Insurance; or 14. ARBITRATION (11) the difference between the value of the Tide as insured Either the Company or the Insured may demand that the claim or and the value of the Title subject to the risk insured controversy shall be submitted to arbitration pursuant to the Title against by this policy. Insurance Arbitration Rules of the American Land Title Association (b) If the Company pursues its rights under Section 5 of these ('Rules'). Except as provided in the Rules, there shall be no joinder Conditions and Is unsuccessful in establishing the Title, as or consolidation with claims or controversies of other persons. Insured, Arbitrable matters may include, but are not limited to, any controversy (i) the Amount of Insurance shall be increased by 10%, and or claim between the Company and the Insured arising out of or (ii) the Insured Claimant shall have the right to have the loss relating to this policy, any service in connection with its issuance or or damage determined either as of the date the claim was the breach of a policy provision, or to any other controversy or claim made by the Insured Claimant or as of the date it is settled arising out of the transaction giving rise to this policy. All arbitrable and paid. matters when the Amount of Insurance is $2,000,000 or less shall be (c) In addition to the extent of liability under (a) and (b), the arbitrated at the option of either the Company or the Insured. All Company will also pay those costs, attorneys' fees, and arbitrable matters when the Amount of Insurance is in excess of expenses incurred in accordance with Sections 5 and 7 of these $2,000,000 shall be arbitrated only when agreed to by both the Conditions. J Company and the insured. Arbitration pursuant to this policy and under the Rules shall be binding upon the parties. Judgment upon 9. LIMITATION OF LIABILITY the award rendered by the Arbitrator(s) may be entered in any court (a) If the Company establishes the Title, or removes the alleged of competent jurisdiction. defect, 'lien, or encumbrance, or cures the lack of a right of access to or from the Land, or cures the claim of Unmarketable 15, LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE Title, all as insured, in a reasonably diligent manner by any CONTRACT method, including litigation and the completion of any appeals, it (a) This policy together with all endorsements, if any, attached to it shall have fully performed its obligations with respect to that by the Company is the entire policy and contract between the matter and shall not be liable for any loss or damage caused to Insured and the Company. in interpreting any provision of this the Insured: policy, this policy shall be construed as a whole. (b) In the event of any litigation, including litigation by the (b) Any claim of loss or damage that arises out of the status of the Company or with the Company's consent, the Company shall Title or by any action asserting such claim shall be restricted to have no liability for loss or damage until there has been a final this policy. determination by a court of competent jurisdiction, and (c) Any amendment of or endorsement to this policy must be in disposition of all appeals, adverse to the Title, as insured, writing and authenticated by an authorized person, or expressly (c) The Company shall not be liable for loss or damage to the incorporated by Schedule A of this policy. Insured for liability voluntarily assumed by the Insured in settling (d) Each endorsement to this policy issued at any time is made a any claim or suit without the prior written consent of the part of this policy and is subject to all of its terms and Company. provisions. Except as the endorsement expressly states, it does not (I) modify any of the terms and provisions of the policy, 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF (0) modify any prior endorsement, (111) extend the Date of Policy, LIABILITY or (iv) increase the Amount of Insurance. All payments under this policy, except payments made for costs, attorneys' fees, and expenses, shall reduce the Amount of Insurance 16. SEVERABILITY by the amount of the payment. In the event any provision of this policy, in whale or In part, is held invalid or unenforceable under applicable law, the policy shall be 11. LIABILITY NONCUMULATIVE deemed not to include that provision or such part held to be invalid, The Amount of Insurance shall be reduced by any amount the but all other provisions shall remain in full force and effect. Company, pays under any policy insuring a Mortgage to which exception is taken in Schedule B or to which the Insured has agreed. 17. CHOICE OF LAW; FORUM assumed, or taken subject, or which is executed by an Insured after (a) Choice of Law: The Insured acknowledges the Company has Date of Policy and which is a charge or lien on the Title, and the underwritten the risks covered by this policy and determined the amount so paid shall be deemed a payment to the Insured under this premium charged therefore in reliance upon the law affecting policy. interests in real property and applicable to the interpretation, rights, remedies, or enforcement of policies of title insurance of 12. PAYMENT OF LOSS the jurisdiction where the Land is located. When liability and the extent of loss or damage have been definitely Therefore, the court or an arbitrator shall apply the law of the fixed In accordance with these Conditions, the payment shall be jurisdiction where the Land is located to determine the validity of made within 30 days. - claims against the Title that are adverse to the Insured and to v Interpret and enforce the terms of this policy. In neither case 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT shall the court or arbitrator apply its confiicts of law principles to (a) Whenever the Company shall have settled and paid a claim determine the applicable law. under this policy, it shall be subrogated and entitled to the rights (c) Choice of Forum: Any litigation or other proceeding brought by of the Insured Claimant in the Title and all other rights and the Insured against the Company must be filed only in a state or remedies in respect to the claim that the Insured Claimant has federal court within the United States of America or its territories against any person or property, to the extent of the amount of having appropriate jurisdiction. any lass, costs, attorneys' fees, and expenses paid by the Company. If requested by the Company, the Insured Claimant 18. NOTICES, WHERE SENT shall execute documents to evidence the transfer to the Any notice of claim and any other notice or statement in writing required to Company of these rights and remedies. The Insured Claimant be given to the Company under this policy must be given to the Company at shall permit the Company to sue, compromise, or settle in the Claims Department at P.O: Box 2029, Houston, TX 77252-2029. 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 rt 0015CGstew= Page 4 of 12 ALTA OWNER'S POLICY (6/17/06) SCHEDULE A File No.: 134950 Amount of Insurance: $8,750,000.00 Date of Policy: October 17, 2008 at 8:00 A.M. 1. Name of Insured: City of Vernon, a California chartered city 2. The estate or interest in the land is: A Fee 3. Title is vested in: ReNu Resources, LLC, a Delaware limited liability company Policy No.: 0-9301-469979 Premium: $8,181.25 4. The Land referred to herein is situated in the State of California, County of Kern, Unincorporated Area, and described as follows: EASTERN SOLAR LAND Parcel 1: (APN 153-140-05) Section 9, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the unincorporated area, County of Kern, State of California, according to the, Official Plat thereof. Parcel 2: (APN: 153-140-07) The East half of Fractional Section 7, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 3: (APN: 153-140-08) The West half of Fractional Section 7, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 4: (APN: 153-130-05) Section 11, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. (� Parcel 5: (APN: 153-150-02) Ol S . 134950 [ SttVgrt tld. guaranty company Page 5 of 12 The Northeast quarter, the East half of the Northwest quarter, the Northwest quarter of the Northwest quarter, the North half of the Southeast quarter, and the Southeast quarter of the Southeast quarter of Section 15, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 6: (APN: 153-150-04) Section 13, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 7: (APN: 153-160-02) Section 17, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof Parcel 8: (APN: 153-160-06) The Northeast quarter, the Northeast quarter of the Southeast quarter, the Northeast quarter of the Northwest quarter, and Lots 1 and 2, of Fractional Section 19, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel9: (APN: 153-160-04) Section 21, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kem, State of California, according to the Official Plat thereof. Parcel 10: (APN: 153-150-06) The East half of the East half, the Southwest quarter of the Southeast quarter, and the South half of the Southwest quarter, of Section 23, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof.' Parcel 11: (APN: 153-170-03) Section 25, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 12: (APN: 153-170-04) The Northwest quarter of the Northwest quarter, the East half of the Northwest quarter, the Northeast quarter, and the South half of Section 36, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Except all oil, gas, oil shale, coal, phosphate, sodium, gold, silver and all other mineral deposits contained in said land, and further reserving to the State of California and persons authorized by the State, the right to drill for and extract such deposits of oil and gas, or gas, and to prospect for, mine and remove such deposits of other minerals from said land and to occupy and use so much of the surface of said land as may be required therefor, upon compliance with the conditions and subject to the provisions and limitations of Chapter 5, Part 1, Division 6 of the Public Resources Code, as l reserved in Patent recorded June 10, 1958 in Book 2962, Page(s) 503 of Official Records. File No.: 134950 Fstewart 0015CG +we e__+r�p_y Page 6 of 12 Parcel 13: (APN: 153-240-14) The Southwest quarter of Section 29, Township 29 South, Range 37 East, , Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Except a strip of land 200 feet wide granted to the City of Los Angeles, by Deed recorded March 13, 1920 in Book 346, Page(s) 421 of Deeds. Also except that portion of said Southwest quarter, granted to the City of Los Angeles by Deed recorded September 20, 1973, in Book 4804, Page(s) 2459 of Official Records. Parcel 14: (APN: 153-240-12) Section 31, Township 29 South, Range 37 East,, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Except a strip of land 200 feet wide granted to the City of Los Angeles, by Deed recorded March 13, 1920, in Book 346, Page(s) 421 of Deeds. AIso except that portion of said section, granted to the City of Los Angeles by Deed recorded September 20, 1973 in Book 4804, Page(s) 2459 of Official Records. Parcel 15: (APN: 153-240-16) The South half of the Northwest quarter, the Southwest quarter of the Northeast quarter, the West half of the Southeast quarter, and the Southwest quarter, of Fractional Section 33, Township 29 South, Range 37 East,, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Except a strip of land 250 feet wide granted to the City of Los Angeles, by Deed recorded September 20, 1973 in Book 4804, Page(s) 2456 of Official Records. Parcel 16: (APN: 181-020-02) Fractional Section 5, Township 30 South, Range 37 East, , Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 17: (APN: 181-020-13) Fractional Section 9, Township 30 South, Range 37 East,, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Except a strip of land 250 feet wide granted to the City of Los Angeles, by Deed recorded September 20, 1973 in Book 4804, Page(s) 2456 of Official Records. Parcel 18: (APN 444-070-05) The North half, and the Southwest quarter of Fractional Section 1, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the unincorporated area, County of Kern, State of 1. California, according to the Official Plat thereof. File No.: 134950 Es teWdrt 0015CG"'une Qu aldyeOmp_y Page 7 of 12 WESTERN SOLAR LAND Parcel 19: (APN: 153-070-02) Lots 1 and.2 of the Northeast quarter, the East half of Lot 2 of the Northwest quarter, the North half of the Southeast quarter, and the Southeast quarter of the Southeast quarter, of Fractional Section 3, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 20: (APN: 153-070-03) The Southwest quarter of the Southwest quarter of Fractional Section 3, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 21: (APN: 153-070=07) Section 11, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 22: (APN: 153-080-08) Lots 1 and 2 of the Northeast quarter, and the Southeast quarter of Fractional Section 5, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 23: (APN: 153-080-02) Lots 1 and 2 of the Northwest quarter, and the Southwest quarter of Fractional Section 5, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 24: (APN: 153-080-05) The Southeast quarter of Section 8, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 25: (APN: 153-080-04) Section 9, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un- incorporated area, County, of Kern, State of California, according to the Official Plat thereof. Parcel 26: (APN: 153-090-01) Section 15, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 27: (APN: 153-090-03). Section 13, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Re CG 134950 i--steWart Page 8 of 12 Parcel 28: (APN: 153-100-03) Section 17, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 29: (APN: 153-100-10) Section 21, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 30: (APN: 153-090-05) Section 23, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof Parcel 31: (APN: 153-110-03) Section 25, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 32 (APN: 153-110-01) Section 27, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 33: (APN: 153-120-02) Section 29, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern; State of California, according to the Official Plat thereof. Parcel 34: (APN: 153-120-04) The North half of the Northeast quarter, and the Northeast quarter of the Northwest quarter of Section 28, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un- incorporated area, County of Kern, State of California, according to the Official Plat thereof. Parcel 35: (APN: 153-120-07) The East half of the Northeast quarter, the Northwest quarter of the Northeast quarter, the East half of the Southeast quarter, and the West half of Section 33, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof. File No.: 134950 sggVgrt 0015CG �ene guaranty comps y Page 9 of 12 ALTA OWNER'S POLICY (6117/06) File No.: 134950 Policy No: 0-9301 469979 SCHEDULE B EXCEPTIONS FROM COVERAGE 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: A. Property taxes, which are a lien not yet due and payable, including any assessments collected with taxes, to be levied for the fiscal year 2008 - 2009 which are a lien not yet payable. B. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5 (commencing with Section 75) of the Revenue and Taxation Code of the State of California. THE FOLLOWING EXCEPTIONS AFFECT EASTERN SOLAR LAND 1. Any assessments levied or which may be levied by Kern -Antelope Valley Water Storage District. 2. Right of the public in and to that portion of said property lying within the line of Butterbread Road (NO. 515). Affects: Parcels: 2, 3,7 and 9. 3. An easement for the purpose shown below and rights incidental thereto as set forth in a document in favor of the public or the purpose of any lawfully established county roads, recorded December 29, 1932 in Book 271, Page(s) 1, of Deeds. No representation is made as to the present ownership of said easement. 4. An easement for the purpose shown below and rights incidental thereto as set forth in a document in favor of the City of Los Angeles for the purpose of construct, maintain, operate, reconstruct and repair pole lines and wires, recorded March 13, 1920 in Book 346, Page(s) 409, of Deeds, affects Parcel 13 and 14. 5. An easement for the purpose shown below and rights incidental thereto as set forth in a document in favor of Department of Water and Power for the City of Los Angeles for the purpose of electric transmission lines, together with right of ingress to said right of way across said adjoining lands of grantor from pubic highway most convenient to said right of way and right of egress from said right of way to such highway across said adjoining lands of grantor over and along any road now existing or if none, then over the most direct and practical route grantee may select, recorded December 1, 1950 in Book 1749, Page (s) 556, of Official Records, affects Parcel 15 and 17. 6. An easement for the purpose shown below and rights incidental thereto as set forth in a document in favor of the City of Los Angeles, a municipal corporation for the purpose of support, slope purposes and for cutting and filling recorded September 20, 1973 in Book 4804, Page (s) 2459, of Official Records, affects Parcel 14. No representation is made as to the present ownership of said easement. File No.: 134950 LStewc'�,f t 0015CG .moeu"mtvo pmy Page 10 of 12 7. Any defect in title or claim of defect arising from Kern County superior Court Case No. S-1500-PB- 57626 or from the assertion that the Trustee of the Rudnick Estates Trust had no authority to sell the property described herein or from the failure to disclose the sale of said land from ReNu Resources, LLC, a Delaware limited liability company, to the City of Vernon, to the Rudnick Estates Trust and the court mentioned above. 8. Lack of a right of access to and from the land. Affects Parcels 1,4,5,6,8,10,11,12,13,14,15,16,17 and 18. 9. Water rights, claims or title to water in or under said land, whether or not shown by the public records. 10. Any fact, rights, interest, or claims which are not shown by the public records but which could be ascertained by an inspection of the land which may be asserted by persons in possession thereof. 11. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 12. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof. 13. Intentionally deleted. THE FOLLOWING EXCEPTIONS AFFECT WESTERN SOLAR LAND: 14. Right of the public in and to that portion of said property lying within the line of Butterbread Road (No. "515), affects Parcel 19, and Jawbone Canyon Road No. 938, as it exits, Affects Parcels 31,32, and 35. 15. An easement for the purpose shown below and rights incidental thereto as set forth in a document in favor of the public for the purpose of any lawfully established county roads, recorded December 29, 1932, in Book 271, Page(s) 1, of Deeds. No representation is made as to the present ownership of said easement. 16. An easement for the purpose shown below and rights incidental thereto as set forth in a document in favor of George Albert Burke and Thomas Edward Burke for the purpose of private access, recorded May 9, 1994 in Book 7031, Page(s) 2021 of Official Records, affects Parcels 27 and 28. 17. Intentionally delted. 18. Lack of right of access to and from the land. Affects Parcels 20,21,22,23,24,25,26,27,28,29,30,33, and 34. 19. Water rights, claims or title to water in or under said land, whether or not shown by the public records. 20. Any defect in title or claim of defect arising from Kern County superior Court Case No. S-1500-PB- 57626 or from the assertion that the Trustee of the Rudnick Estates Trust had no authority to sell the property described herein or from the failure to disclose the sale of said land from ReNu Resources, LLC, a Delaware limited liability company, to the City of Vernon, to the Rudnick Estates Trust and the court mentioned above. File No.: 134950 Lstewart 0015CG vile Q� Mhty o MpmY Page 11 of 12 21. Any fact, rights, interest, or claims which are not shown by the public records but which could be ascertained by an inspection of the land which may be asserted by persons in possession thereof. 22.Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 23. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof. 24. Intentionally deleted. THE FOLLOWING EXCEPTIONS AFFECT EASTERN AND WESTERN SOLAR LAND; 25. Terms and conditions of an option agreement, as disclosed by a MEMORANDUM OF OPTION, dated as of October 16, 2008, by -and between ReNu RESOURCES, LLC, a Delaware limited liability company and the CITY OF VERNON, a California chartered city, recorded October 17, 2008, as Instrument No. 0208165197 of Official Records. 26. A non-exclusive easement for access to utilities and roads, along with rights incidental thereto, pursuant to an ACCESS EASEMENT AND LICENSE AGREEMENT, dated as of October 16, 2008, by ReNu RESOURCES LLC, a Delaware limited liability company, to the CITY OF VERNON, a California chartered city, recorded October 17, 2008, as Instrument No. 0208165195, of Official Records. Affects Eastern and Western Solar land and other land. [Document No. 1902133] 27. A non-exclusive easement and right of way for access and an irrevocable, non-exclusive license for access, construct roads and Exploit Excluded Mineral Rights, as such term is defined in said document along with rights incidental thereto, pursuant to an ACCESS EASEMENT AND LICENSE AGREEMENT, dated as of October 16, 2008, by the CITY OF VERNON, a California chartered city, to ReNu RESOURCES LLC, a Delaware limited liability company, recorded October 17, 2008, as Instrument No. 0208165196, of Official Records. Affects Eastern and Western Solar land and other land. [Document No. 19021921 28. A non-exclusive easement for access and the use of electrical power transmission lines, and other Permissible Uses, as such term is defined in said document along with rights incidental thereto, pursuant to a TRANSMISSION EASEMENT, dated as of October 16, 2008, by the CITY OF VERNON, a California chartered city, to ReNu RESOURCES LLC, a Delaware limited liability company, recorded October 17, 2008, as Instrument No. 0208165194, of Official Records. Affects Eastern and Western Solar Land and other land. [Document No. 1902182] File 134950 Stewart OO15CO CG �twoQ "'compmv Page 12 of 12 ENDORSEMENT ATTACHED To PoLicY No. 0-9301-469979 IssuED BY Fstewart. title guaranty company HEREIN CALLED THE COMPANY Order No.: 1452-134950 Endorsement Number: E-9936-1317804 Comprehensive 100.2.2/9.4 The company insures against loss or damage sustained by the Insured by reason of: Fee: $0.00 1. The existence, at Date of Policy, of any of the following unless expressly excepted in Schedule B: (a) Present violations on the Land of any enforceable covenants, conditions or restrictions, (b) Any instrument referred to in Schedule B as containing covenants, conditions or restrictions on the Land that, in addition, (i) establishes an easement on the Land: (ii) for an option to purchase, a right of first refusal, or the prior approval of a future purchaser or occupant; (iii) provides for a right of reentry, possibility of reverter, or right of forfeiture because of violations on the Land of any enforceable covenants, conditions, or restrictions. (c) Any notice of violation of covenants, conditions, or restrictions relating to environmental protection recorded or filed in the Public Records. Wherever in this endorsement the words "covenants, conditions, or restrictions" appear, they do not include the terms, covenants, conditions or limitations contained in an instrument creating a lease As used in paragraphs l .(a), the words "covenants, conditions, or restrictions" do not include any covenants, conditions or restrictions (a) relating to obligations of any type to perform maintenance, repair, or remediation on the Land, or (b) pertaining to environmental protection of any kind or nature, including hazardous or toxic matters, conditions, or substances, except to the extent that a notice of a violation or alleged violation affecting the Land has been recorded or file in the Public Records at Date of Policy and is not excepted inScheduleB. Dated: October 17, 2008 In witness whereof, Stewart Title Guaranty Company has caused this policy to be signed and sealed by (� its duly authorized officers as of Date of Policy shown in Schedule A. Countersigned by:. ' stewart Senior Chairman oft the Board (` title guaranty company Authorized Countersignature Stewart Title of California, Ina ' Chairman of the Board w President ENDORSEMENT ATTACHED TO POLICY NO. 0-9301-469979 ISSUED BY Fstewart. o title guaranty company HEREIN CALLED THE COMPANY Order No.: 1452-134950 Fee: $0.00 Endorsement Number: E-9936-1098949 Contiguity 116.4 modified The Company insures against loss or damage sustained by the Insured by reason of: The failure of Parcels 2 and 3 to be contiguous; The failure of Parcels 11,12, 14 and 18 to be contiguous; The failure of Parcels 24, 25 and 28 to be contiguous; The failure of Parcels 22 and 23 to be contiguous OR the presence of any gaps, strips, or gores separating the contiguous boundary line described above. This endorsement does not insure against discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. Dated: October 17,2008 In witness whereof, Stewart Title Guaranty Company has caused this policy to be signed and sealed by its duly authorized officers as of Date of Policy shown in Schedule A. Countersigned by: rt title guaranty company Authorized Countersignature Stewart Title of California, Inc. Senior Chairman of t e Board Chairman of the Board WOO IN President ENDORSEMENT ATTACHED TO POLICY No. 0-9301-469979 ISSUED BY stewart. title guaranty company HEREIN CALLED THE.COMPANY Order No.: 1452-134950 Endorsement Number: E-9936-5391682 Optionee Fee: $0.00 The Company hereby insures the Insured against loss or damage sustained or incurred by the Insured by reason of the option to purchase referred to in paragraph 25 of Schedule B being at the date hereof invalid or the failure of the rights of the optionee under the option to be vested in the Insured. Notwithstanding the provisions contained in the conditions and stipulations of the policy of which this endorsement is a part the coverage afforded by the policy and this endorsement shall cease and terminate upon the exercise of the option or on the date the option expires by its own terms, whichever occurs first. Schedule B of the policy is hereby amended by the addition of the following paragraph as the last numbered paragraph thereof: Terms, provision and conditions, and any failure to comply with same, as contained in the Option Agreement dated October 16, 2008 by and between ReNu Resources LLC., a Delaware Limited Liability Company, as optionor and the City of Vernon, a California chartered city as optionee as evidenced by that certain instrument which recorded on October 17, 2008 as Instrument No. 0208165197 of Official Records of Kern County. Dated: October 17, 2008 In witness whereof, Stewart Title Guaranty Company has caused this policy to be signed and sealed by its duly authorized officers as of Date of Policy shown in Schedule A. Countersigned by: Authorized Countersignature Stewart Title of Califomia, Inc. [stew rt title guaranty company o"e: rwbP Senior Chairman of the Board Chairman of the Board President CLTA Form 103.7 (Rev. 06-03-05) ALTA or CLTA — Owner or Lender ENDORSEMENT ATTACHED TO POLICY No. 0-9301-469979 ISSUED BY rt. title guaranty company HEREIN CALLED THE COMPANY Order No.: 1452-134950 Endorsement Number: E-2139-2989405 Land Abuts Street Fee: $0.00 The Company hereby insures the insured against loss or damage which the insured shall sustain by reason of the failure of Parcels 2, 3, 7, 9 and 19 to abut upon a physically open street known as Butterbread Road and Parcels 31, 32 and 35 to abut upon a physically open street known as Jawbone Road No. 938.. 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: October 17, 2008 In witness whereof, Stewart Title Guaranty Company has caused this policy to be signed and sealed by its duly authorized officers as of Date of Policy shown in Schedule A. Countersigned by: Authorized Countersignature Stewart Title of California, Inc. �sjq rt title guaranty company Senior Chairman of t e Board Chairman of the Board FAA r President CLTA Form 103.7 (Rev. 06-03-05) ALTA or CLTA - Owner or Lender o h me ---�-_�- r o mg 1 '�'--- �-J i a Ih m l9 nm I K O J i Q a yh o O � I i OD TitleWorks Description: Liz / Kern / Book.Page: 0153-0007 / Page 1 of 1 / order: T h a Z O�d z 1,., ¢0 N z ixM O OV N W N Q OO .kS 'o=a t ag a"ss NINEv U � U O � C0 � CO CJ CS N ti T p UW-0 J.2 j V/ Q O2�O y Lo mad -6 m� > A, 83S O0 N A i � I- e as E � .0 g ka CC) g �o 0 fl) o � O TitleWorks Description: Liz / Kern / Book.Page: 0153-0008 / Page i of 1 / Order: O II t Z pY Z 0.0 UZ 0:M 0 o� in N a O ( I 0 ry O Z W R. Z IL a. O a� � � a s a,_ o N aQ f In o ►v Cj e in J O uU4. to I I 41 p N ��t m� m L C p _. .R Y7 NMu Q.5;Z 24 -0 O O �f t tam m ;ECGO ti � Q- ail j '6 Lam! ODage .S S°a o� o Les- e ae Q a� 0 =3vy ;e aS SIR aea (j 2 d I N N ; 10 ab a � Q a o O TitleWorks Description: Liz / Kern / Book.Page: 0153-0009 / Page 1 of 1 / Order: H 0 W LO m �O0 .S 3aob 'ae N.L. �Lo$3 Z � m CD CD C U U C 4 a 0 0 t N m Q � O 0 U) -p o cS — I O.On� ' YJ ..mm C� SR Title Works Description: Liz / Kern / Bvok.Page: 0153-0010 / Page 1 of i / c Order: gin N_ 0 J O O x u W W i N 0 6 4 O o' b e .a _1 f l el all j as b 9 F e e me a10 j o� C 1a li o Z W Ole Z L,,, a0 Jn Z Jz n 00 NU W N U) a a zsit �x 9 CR G p R{ G M �oro� � O �+CCd O a Z - .2 M �T a i m 400 Q p •p CX 0 � m # Ca 16 m� (A C TitleWorks Description: Liz /Kern / Book.Page: 0153-0011 /Page 1 of 11 o Order: V �0 N i M in in 0 J O O U_ N W LO �O0 N E— N 0 • ml uoltlAW" n buluoi {o r•wdmd bi PuW yo rvolslelp » dlp,ww 1-5-1 i 6ul�oynd w p�nywoa p e1 Wu fl 11 • AN^ I I O �nedmd 1Younn�go roy q dnw 6141 -ION M, 4 b O I M c c� a� ` ii ag coo � N �o p N L Q ao N � aq I b M M e � c� a �s I a 'K C6 U 10 V - ryN N CQ I 4) 0 N N� 0 M 0 N � TitleWorks Description: Liz / Kern / Book.Page: 0153-0012 / Page 1 of 1 / Order: :w ox Z I.L. a. 0 U) Z ' O OCn v W iA U) 6529 C U 3 — ,rpOQ C O �W � TCO G ZLNfNO d T 016 3 0 Do W a o ^� am C y % -6 2 �Z5Cu w Z.R c � 0 Vna{vpl�uo p eoyeu=jt -- p6il WI�aHad ro v.nq.uea p of IW -I II ' 04W in Q �L _� I I ZL j ao C! N^ c) Z 00 I ,O^ U VI V w J b b O O — --� z N I v� W In m N P m m I I � � I m I ( I g Zm Qo C46 I N'DN�01 CS ----- o6 _� m� o g e - >. Q O U Njo -----� I .� 7 O O m UP as m. '6 C C@ to LI C CD (� L9'� vo �`► O H. F= U � N .L1 TitleWorks Description: Liz / Kern / Book.Page: 0153-0013 / Page 1 of 1 / Order: 0 OO TitleWorks Description: Liz / Kern / Book.Page: 0153-0014 / Page 1 of 1 / Order: • rel uel�l�lpgin �o euryoi io �audmd pi V�1 le •u%0IMY n b1a001 WIAe d Je panN�uea p e1- It 11 l leu 4 11 ' Aryo �weagM luw� iei .1 dew W141 : aleEl I *Z .rt* Y' W O bd Z ¢0 w Z 0:_ 00 NU W U) Q e LO m ul rn 0 J O O T U In to 1 m N IN O TitleWorks Description: Liz / Kern / Book.Page: 0153-0015 / Page i of 1 / Order: —1 unµl,1p4ro n WWI W 565".m »l pupl W tunpplp A d14116." 1�0+1 Wl4,1.d M p-.IIW3 04 61 Wu -1 11 '11po s" oduW pwx"rm of •1 dour •141 LN-N \— F- in Cl 0 IN I • rol uol*l^IPGM n 6uluo[ io mdj g poi Puol io s-LIMP m dl ,-" Ie641 6ull.= so Pans-* 'q of 0 q it ' iPa i` O u�odxM luwiw�so -$%I d— •141 :LION ul as b C j �} I` I V Q HOC l6� uT as v i a a I I o iN2 e, TitleWorks Description: Liz / Kern / Book.Page: 0153-0016 / Page 1 of 1 Order: IZX 0 f°o�?d m�Z.c U [y = p O O o w w wm�m a 0 U 0 13 //�O E �y m N N OM 1 N S, o �C 0 o 0 z 0 I ll.l 1 0 sue, b N • •q uolflf�gnf x but— JO fffodmd +07 Pwl ip fualflHY u dj,.m a lo/sl i (` I N OuJfoJlJod fo yanJJfuoa " of pV fl JI fffedNd JUMufffffn nl It "W fWl :LION t li.l I pY I a0 O U I TitleWorks Description: Liz / Kern / Book.Page: 0153-0017 / Page 1 of 1 / Order: N• /�e1 YD1.1A1p M M Ou1v0I ,G .MedRA N uo, pu.1 to.uolo ly A de4lis— 1.8.1 ne -: O 6u1Ao�liodw O..N.wawa-wu .111 •allo i u..dauf 1u.uw..wo ml .1 dwu •141 : •16N i ! Z N W l 0x a lm a v 0. 0 rn - a aN N lnV of Ihh `t l -It fchji J �u o � fed aQ N m b a y In� Q n Imp n a i N ' O w ' a� l a � I a ^ a Na ►r a In N $ /off l 4— — CIMC N � j �•(\ a a a I u .g 0 aNr 1 0 N a Na I a l a O — � roc 6 O O O m l4 N V � w mi I ,v v jN jna as {-= 3 a O TitleWorks Description: Liz / Kern / Book.Page: 0153-0024 / Page i of 1 / Order: N O 3Z/19E'2i'SOE :L TitleWorks description: Liz / Kern / Book.Page: 0181-0002 / Page 1 of 1 / Order: a ii S; Z w 0 Z ts. a0 :E I.- Nz IX 0 OV N w (n In d ST C O EO S'S U o Up C Z _���� z3a a o o e"abm�mc �gYeaaN�a g =�$aM$P,u goy E �! 1IIf_ 'lJl c 5 Z C m C % (D wmm.� m$ pun{'. .u01-IMP m dywo." 1001 8 !u{A. I.6 w p.nq.uoa c9 e7 {W cl 11 ' "wo c .=d I.. —.ce m..1 dap .ryl : *I-N a I I a N f I "1 J O H I �° b 44 a d I f Ql� p n1y �N� HA r'� 1 1 M I_— �— Cr_ d o----fi-- m jma.0 -- --j--� to '° --J—ta Im0U , i„ Q n �mw I=M I Ifs M Igt4 NN IMm rZ I � ti ci n I r1 h b h N M N I � I � N vg f i O � O� O V TitleWorks Description: Liz / Kern / Book.Page: 0444-0007 / Page 1 of 1 / Order: O w �0 V�� ® -C SO. 9- C = Ur O 5 C 5 � at a ~ V m wo N ONy��d 's0�m cOm�EW. '6 v cL 1-j. U .Q