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LLA-J.C. Penney Properties and Vallco International Shopping Center, LLC-Wolfe Rd and Vallco Pkwy, APN: 316-20-062RECORDING REQUESTED BY: Chicago Title Company AND WHEN RECORDED MAIL TO City of Cupertino 10300 Torre Avenue Cupertino, Ca 95014 Escrow No.: 06-98201367-SM Locate No.: CACn7743-7743-2982-0098201367 Title No.: 06-98201367-0N 19069106 BRENDA DAVIS SANTA CLARA COUNTY RECORDER Recorded at the request of Chicago Title Lot Line Adjustment SPACE ABOVE THIS Pages; 73 Fees.... 223-00 Taxes . Copies. AMT PAID 223 00 THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) n zz. ,.. . :: cY (recoverch)(10-04) RECORDING REQUESTED BY City of Cupertino WHEN RECORDED MAIL TO City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 NO FEE IN ACCORDANCE WITH GOV. CODE 6103 (SPACE ABOVE THIS LINE FOR RECORDER'S USE) LOTLINE ADJUSTMENT For: J.C. Penney Properties, Inc., a Delaware Corporation And Vallco International Shopping Center, LLC, a California Limited Liability Company riginal ❑For Fast Endorsement LOT LINE ADJUSTMENT Property Owners: J.C. Penney Properties, Inc., a Delaware Corporation And Vallco International Shopping Center, LLC, a California Limited Liability Company ACTION BY THE CITY ENGINEER APPROVING A LOT LINE ADJUSTMENT BETWEEN TWO OR MORE ADJACENT PARCELS BE IT RESOLVED BY THE CITY ENGINEER OF THE CITY OF CUPERTINO: A request for a lot line adjustment between, Parcel 1, Parcel 2, and Parcel 3 as designated on the attached plat and descriptions marked Exhibit "A" and attached hereto, has been submitted by the record owners of the above properties (as shown in Exhibit "B", attached) of the City of Cupertino with the request that an adjustment of lot lines be approved by the City Engineer. The City Engineer hereby finds that the lot line adjustment requested is between two or more adjacent parcels, that the land taken from one of the parcels is added to the adjacent parcel and that a greater number of parcels than originally existed would not be created. Based on the above facts and findings and by the authority of Section 18.08.0101-1 of the City of Cupertino Municipal Code and Section #66412d of the Subdivision Map Act, said lot line adjustment is hereby approved. This lot line adjustment shall be totally null and void without further act of the City of Cupertino, in the event that the change in title interest of ownership (including lien holder interest) is not recorded by Grant Deeds within twelve (12) months from the approved date and/or in the event that any change in title interest of ownership (including lien holder interest) from the specified on the preliminary title report designated on Exhibit "B" and attached hereto, occurs prior to the recordation of the grant deed conveying the real property in conformity to Exhibit "C". Approved this2 I day of 2006. Ralph A. Qualls Jr. CITY ENGINEER CITY OF CUPERTINO C.E. # 22046 / n By: �- ,�. C.IC C t a �� CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of SQn+A C 1Q( 9 OnALi iA5±oit.aOU(Obeforeme,�are�n �?.P✓1G(el- tPXu'11 l^(7+A� _T Del Nerve aM Tit! I °Q (a p.'Jare Ooe. Nolary PW6[j `/u W IC personally appeared ZQl I !P��UQ 11, r`Tr'• r vl .11 Ypersonally known to me ❑ proved to me on the basis of satisfactory evidence to be the persons) whose names} is/are. subscribed to the within instrument and acknowledged to me that helshettivrexecuted the same in hislI 0FA heir authorized capacity(iee), and that by hiSAHerAhei signatures) on the instrument the person(e), or the entity upon behalf of which the persons} acted, executed the instrument. WITNESS my hand and official seal. Sgrowraof NWPuck OPTIONAL Though the intonation below is not required by law, of may prove valuable to persons retying on the document and Could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document II ,^� L I 0 /� I Title or Type of Document: � Lo 1 L ) h'e. �A `) U-�J+M-C ) Document Date: / AO j A5-1 Number of Pages: 92__— Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: O Individual Top of Numb here ❑ Corporate Officer — Tftle(s): ❑ Partner — ❑ Limited ❑ General ❑ Attomey-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: C 1999 Nawnal NMary As alms - 93W De Sob Ave, PO Box 2a02 - Clvta h, CA 91313 2ao2 • e naaooelwury org Prot No 5902 Reorder Call Toll -Free 1A 765 LEGAL DESCRIPTION LANDS OF J.C. PENNEY ALL THAT REAL PROPERTY SITUATED IN THE CITY OF CUPERTINO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE MONUMENT LINE OF VALLCO PARKWAY AS SHOWN ON THAT CERTAIN PARCEL MAP RECORDED IN BOOK 325 OF MAPS AT PAGE 12, SANTA CLARA COUNTY RECORDS WITH THE MONUMENT LINE OF WOLFE ROAD AS SHOWN ON SAID MAP; THENCE ALONG SAID MONUMENT LINE OF WOLFE ROAD, N 10 05' 14" W. 75.00 FEET; THENCE LEAVING SAID MONUMENT LINE AT RIGHT ANGLES THERETO N 880 54, 46" E., 76.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE N 10 05' 14" W, 212.91 FEET; THENCE N 880 54' 46" E, 243.84 FEET; THENCE N 10 05' 14" W, 46.19 FEET; THENCE N 880 54' 46" E, 65.00 FEET; THENCE N 10 05' 14" W, 347.65 FEET; THENCE S 880 54' 46" W, 48.02 FEET; THENCE N 460 05' 14" W. 75.68 FEET; THENCE N 10 05' 14" W, 432.70 FEET; THENCE N 880 54' 46" E, 384.58 FEET TO A POINT IN THE NORTHEASTERLY LINE OF PARCEL 1 AS SHOWN ON SAID PARCEL MAP; THENCE ALONG SAID NORTHEASTERLY LINE S 600 14' 49" E, 123.58 FEET TO THE NORTHEASTERLY CORNER OF SAID PARCEL, SAID CORNER BEING COMMON TO THE MOST NORTHERLY CORNER OF PARCEL 2 AS SHOWN ON SAID MAP; THENCE ALONG THE EASTERLY LINE OF SAID PARCEL 1, SAID LINE BEING COMMON TO THE WESTERLY LINE OF SAID PARCEL 2, S 10 05' 14" E, 1049.61 FEET TO A POINT IN A LINE THAT IS PARALLEL WITH AND 55.00 FEET NORTHERLY MEASURED AT RIGHT ANGLES FROM AFORESAID MONUMENT LINE OF VALLCO PARKWAY. THENCE LEAVING SAID COMMON LINE ALONG SAID PARALLEL LINE S 880 54' 46" W, 678.00 FEET; Adm indata/lega I/205176JC Penney.081806 104 11 11 Ili owl THENCE LEAVING SAID PARALLEL LINE ALONG A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 20.00 FEET, THROUGH A CENTRAL ANGLE OF 900 00' 00", AN ARC LENGTH OF 31.42 FEET TO THE TRUE POINT OF BEGINNING. APN: 316-20-062 Adm indata/leya V205176JC Penney.081806 EXHIBIT A LEGAL DESCRIPTION LANDS OF VALLCO INTERNATIONAL SHOPPING CENTER LLC ALL THAT REAL PROPERTY SITUATED IN THE CITY OF CUPERTINO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE MONUMENT LINE OF VALLCO PARKWAY AS SHOWN ON THAT CERTAIN PARCEL MAP RECORDED IN BOOK 325 OF MAPS AT PAGE 12, SANTA CLARA COUNTY RECORDS, WITH THE MONUMENT LINE OF WOLFE ROAD AS SHOWN ON SAID MAP; THENCE ALONG SAID MONUMENT LINE OF WOLFE ROAD, N 10 05' 14" W. 385.82 FEET; THENCE N 850 54' 46" E, 76.00 FEET TO A POINT IN THE EASTERLY LINE OF WOLFE ROAD, BEING THE TRUE POINT OF BEGINNING; THENCE ALONG SAID EASTERLY LINE N 10 05' 14" W. 180.74 FEET; THENCE LEAVING SAID EASTERLY LINE N 880 54' 46" E., 27.43 FEET; THENCE S 10 05' 14" E, 180.74 FEET; THENCE S 880 54' 46" W, 27.43 FEET TO THE TRUE POINT OF BEGINNING. Admindata/legal/205176LandsofVallcoLLC 081806 LEGAL DESCRIPTION LANDS OF VALLCO INTERNATIONAL SHOPPING CENTER LLC ALL THAT REAL PROPERTY SITUATED IN THE CITY OF CUPERTINO, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA BEING DESCRIBED AS FOLLOWS: BEING ALL OF PARCEL A AS SAID PARCEL IS SHOWN RECORDED IN BOOK 804 OF MAPS AT PAGE 22 AND 23, SANTA CLARA COUNTY RECORDS. Admindata/legal/205176Lands of VallcoParce[A.081806 l FD. 1" CALTRANS IP ,A GoRAPHIC SCAL150 Q R=528.00' PARCEL B P.O.B., PCL S6o.62j�H FRO sF &--0275'02" o Z� L=20.741BK. 80�4 MAPS PG. 22&232 & 3 9p_' W N88'54 46 E _ _ _ 4P 444 �i9 1 inch = 150 ft. a� I _ 119.28' _ 55.94' S88'S4'46"W 384.58' — SG'p-sA 280� o cR N8fi'05'o45"E Ln m g o C17 _ FD 3/4" IP O L ✓ I OCD m 4h. ' CD w L1 -� "s LEGEND: co O t� g o Fh Z — — rrl N EXISTING LOT LINE, o -71 TO REMAIN �"— — — — — — — — — > I �� EXISTING LOT LINE, TO BE REMOVED rr L_ o L4 �, I NEW LOT LINE, N 'b ss , N88'5446"E g TO BE ADJUSTED c "`�� 4$.Q2 MONUMENT LINE N 88'54 37 E rl, ON 27.43' r Qp ,clo Q• FD. STD. CITY MON. w 20 �� N I • FD. IRON PIPE MON. O ��% c� P.0.6. POINT OF m o f�l Z a a `� Ln > I BEGINNING g I Z � v rn 717 I� -? D oord�.-.o N m �� T.P.O.B. TRUE POINT O O0I a'- � I� w W a r I ;` F BEGINNING -I � a L l�1 Ep LAND SG 76' 88'54'370E w83 `= NO. �9r Ito 27.43' v 65.00' L � S75 w s88'54'4'w m S88'54'46'w ' P. 12 va7 '►` c' 243.82 223.23' cn 20.59' rqT� QF cAuf°��\P O OD lz1 -0 ,, 11 � r., � -0 � j 428.06' �'' I o 70 n I co � W II � N88054 46 E m r"� NEW LOT LINE (TYP.) `' o -�N N �� it�N (li co N O NViO A av ao Cr,O 631.28_ rn - Ul S88'54'46'W — 678.00' - W Z z VALLCO PARKWAY cy' N88'54'461 854.00' (BASIS OF BEARINGS 325 M 12) EXHIBIT •A• Da1E 07z7 oe LOT LINE ADJUSTMENT SHEET avn sen.n.s SCALE- 1'=15p' Q S A N D I S j 6uRvers.. ►..""... DRAWN BY. MHG LANDS OF VALLCO AMOVED BY We LANDS OF JC PENNEY 1 605 asno Strm I Moumaln Vl*..,[A"041 1 P. 650.96Y.6M 1 P.6509666472 1 ■i.v. nals.n.t DRawwc No CUPERTINO CALIFORNIA MOUNTAIN VIEW ' ` ■ 205176 1 OF 1 SHEETS Visit Us m our Website: mmr tc x Chicago Title Company EXHIBIT B 675 N. 1st Street, Suite 300 • San Jose, CA 95112 408 292-4212 • FAX 408 282-1404 PRELIMINARY REPORT Title Officer: Jan Nguyen Title No.: 06-98201808-IN Escrow Officer: Sharman McKenna Locate No.: CACT17743-7743-2982-0098201808 Escrow No.: 06-98201808-SM TO: Orrick, Herrington & Sutcliffe 405 Howard Street San Francisco, CA 94105 ATTN: Laureen Maacks SHORT TERM RATE: No PROPERTY ADDRESS: 10150 N. Wolfe Rd., Cupertino, California EFFECTIVE DATE: July 31, 2006, 07:30 A.M. The form of Policy or Policies of title insurance contemplated by this report is: 1. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A Fee 2. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: J. C. Penney Properties, Inc., a Delaware Corporation 3. THE LAND REFERRED TO IN THIS REPORT IS DESCRIBED AS FOLLOWS: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF CVG\CVG 08/04/2006 nTA Prthminan/ Report Form (11/17/04) Title No. 06-98201808-1N Locate No. CAM7743-7743.2982-0098201808 . ., LEGAL DESCRIPTION EXHIBIT "A" EXHIBIT B All that certain Real Property in the City of Cupertino, County of Santa Clara, State of California, described as follows: Beginning at the intersection of the monument line of Vallco Parkway as shown on that certain Parcel Map recorded in Book 325 of Maps at Page 12, Santa Clara County Records with the monument line of Wolfe Road as shown on said Map; thence along said monument line of Wolfe Road, N. 10 05' 14" W. 75.00 feet; thence leaving said monument line at right angles thereto N 880 54' 46" E., 76.00 feet to the True Point of Beginning; thence N 10 05' 14" W, 212.91 feet; thence N 880 54' 46" E, 243.84 feet; thence N 10 05' 14" W, 46.19 feet; thence N 880 54' 46" E, 65.00 feet; thence N 10 05' 14" W, 347.65 feet; thence S 880 54' 46" W, 48.02 feet; thence N 460 05' 14" W. 75.68 feet; thence N 10 05' 14" W, 432.70 feet; thence N 880 54' 46" E, 384.58 feet to a point in the Northeasterly line of Parcel 1 as shown on said Parcel Map; thence along said Northeasterly line S 600 14' 49" E, 123.58 feet to the Northeasterly corner of said parcel, said corner being common to the most Northerly comer of Parcel 2 as shown on said map; thence along the Easterly line of said Parcel 1, said line being common to the Westerly line of said Parcel 2, S 1" 05' 14" E, 1049.61 feet to a point in a line that is parallel with and 55.00 feet Northerly measured at right angles from aforesaid monument line of Vallco Parkway. thence leaving said common line along said parallel line S 880 54' 46" W, 678.00 feet; thence leaving said parallel line along a tangent curve to the right having a radius of 20.00 feet, through a central angle of 900 00' 00", an arc length of 31.42 feet to the True Point of Beginning. APN:316-20-062 UTA Rdiminary Re Pomt(1 1/171O) Title No. 06-98201808-IN Locate No. CACT17743-7743-2982-0098201808 AT THE DATE HEREOF, ITEMS TO BE CONSIDERED AND EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN SAID POLICY FORM WOULD BE AS FOLLOWS: 1. Property taxes, which are a lien not yet due and payable, including any assessments collected with taxes to be levied for the fiscal year 2006-2007. 2. 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. 3. The fact that the ownership of said land does not include rights of access to or from the street, highway, or freeway abutting said land, such rights having been relinquished by the document, Recorded: February 1, 1963, Book 5889, Page 328, of Official Records Said matter affects: Access to the Junipero Serra Freeway EXHIBIT B 4. S. 6. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document. Granted to: City of Cupertino Purpose: Public Utilities Recorded: December 7, 1966, Book 7582, Page 612, of Official Records Affects: A strip of land 12 feet wide located on portion of Said Land Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document. Granted to: Pack Gas and Electric Company, a California corporation Purpose: Underground and aboveground facilities and appurtenances thereto Recorded: March 1, 1973, Book 0259, Page 406, of Official Records Affects: Westerly 10 feet of Said Land Possible future freeway widening along the Northerly portion of Parcel VI, as shown on the Parcel Map recorded June 19, 1973 in Book 325 of Maps, Page 12. 3 aTA Prdvmnm Report Forth (11117/04) ITEMS: (continued) Title No, 06-98201808-JN Locate No. CAM7743-7743-2982-009`8822001188008 7. An Agreement, affecting said land, for the purposes, stated herein, upon EL)►i11BIT B the terms, covenants and conditions referred to therein, between the parties named herein For: Perpetual and exclusive easements as described in said instrument Dated: October 8, 1974 Executed By: City of Cupertino and Vallco Park, Ltd., A California Limited Partnership Recorded: October 17, 1974 in Book B135 at Page 370 of Official Records Supplement to Agreement, dated August 5, 1975 and executed by the parties shown above, recorded August 20, 1975 in Book B571 Page 724, Official Records. Second Amendment to Agreement, dated March 1, 1976 and executed by the parties shown above, recorded September 14, 1976 in Book C280 Page 296, Official Records. Third Amendment to Agreement, dated October 7, 1991 and executed by the parties shown above, recorded July 24, 1992 in Book M297 Page 1860, Official Records. An Assignment and Assumption of Development Agreement and Easement Executed By: Westland Properties Inc., a Delaware corporation, and Westland Shopping Center L.P., a California Limited Partnership In favor of: Vallco L.L.C., a Delaware limited liability company and Vallco Land L.L.C., a Delaware limited liability company Recorded: April 27, 1995 in Book N833 at Page 516 Official Record arA Pref... ftp rcr (11/17/a) ITEMS: (continued) Title No. 06-98201808-IN Locate No. CACT17743-7743-2982-0098201808 e. Rights of all parties to the following agreements, other that Vallco Fashion Park Venture, Vallco Park, Ltd. and Vallco Center, Inc. and their respective successors and assigns under Construction Operation and Reciprocal Easement Agreement (1) Second Amendment to a Restatement of Construction, Operation and Reciprocal Easement Agreement between Vallco Fashion Park Venture, Federated Department Stores, Inc., Sears, Roebuck and Co., and J. C. Penny Properties, Inc., dated as to the 1st Day of December, 1975 recorded September 14, 1976, Book C280 Official Records, Page 296 in said Official Records as amended by Third Amendment to Reciprocal Easement Agreement dated September 14, 1976 recorded June 24, 1977 File No. 5698586; (2) the unrecorded Agreement dated as of the 19th Day of February, 1975, between Vallco Fashion Park Venture and Sears, Roebuck and Co., the unrecorded Agreement of the same dated between Vallco Fashion Park Venture and Federated Department Stores, Inc., and the unrecorded Agreement dated as of March 1, 1976 between Vallco Fashion Park Venture and J.C. Penny Properties, Inc., and (3) the Undated Agreement and Consent and Approval executed by Vallco Park, Ltd., Vallco Fashion Park Venture, Federated Department Stores, Inc. and Sears, Roebuck and Co. recorded in the aforesaid Official Records in Book B309, Page 001 as amended by a First Amendment to Agreement and Consent and Approval dated August 1, 1975, by and among the same parties recorded in the aforesaid Official Records in Book B591, Page 445 as further amended by another Agreement and Consent and Approval dated as of December 1, 1975, by and among Vallco Center, Inc., Vallco Park Ltd., Federated Department Stores, Inc., Sears, Roebuck and Co. and J. C. Penny Properties, Inc., recorded September 14, 1976 Book C280 Official Records, Page 484, as amended by Agreement and Consent and Approval dated September 14, 1976 recorded June 24, 1977 in Book C946 Page 001 and as amended by (4) Fourth Agreement to Construction, Operation and Reciprocal Easement Agreement between Vallco Fashion Park Venture, Federated Department Stores, Inc., Sears, Roebuck and Co., and J. C. Penny Properties, dated May 1, 1979, recorded October 15, 1980 In Book F656 Official Records, Page 203, and as amended by (5) Fifth Amendment to Construction, Operation and Reciprocal Easement Agreement between Vallco Fashion Park Venture, Federated Department Stores, Inc., Sears Roebuck and Co., and J. C, Penny Properties, dated February 16, 1984 in Book I310 of Official Records, Page 001; an Assignment and Assumption thereto, by and among Westland Shopping Center L.P., and Vallco L.L.C., recorded April 27, 1995 in Book N833, page 0492 of Official Records. 41;is QTA Prel.n.q Report F (11/12/04) ITEMS: (continued) Title No. 06-98201808-JN Locate No. CACT17743-7743-2982-0098201808 9. An Agreement, affecting said land, for the purposes, stated herein, upon the terms, covenants and conditions referred to therein, between the parties named herein EVHB 1 For: Encroachment Permit Granting Permission to construct `'{u�-1/1► B the Perimeter Road Undercrossing Dated: June 2, 1975 Executed By: City of Cupertino and Vallco Park, LTD., A Limited Partnership Recorded: June 26, 1975 in Book B484 at Page 142 of Official Records Agreement For: Re -Acquisition of Rights Executed By: City of Cupertino and Vallco Park, Ltd., A Limited Partnership Dated: August 13, 1975 Recorded: August 29, 1975 in Book B591 at Page 393 Official Records Agreement For: Quitclaim and Release of Rights, Title and Interest Executed By: City of Cupertino and Vallco Park, Ltd., A Limited Partnership Recorded: December 9, 1976 in Book C464 at Page 469 Official Records 10. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document. Granted to: California Water Service Company Purpose: Pipe line Recorded: August 16, 1977, Book D077, Page 508, of Official Records Affects: Portion of Said Land 11. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document. Granted to: California Water Service Company Purpose: Pipe line Recorded: August 16, 1977, Book D077, Page 508, of Official Records Affects: Portion of Said Land 6 CLTA Pmhminary Report Fmm (11/17/oV) rrEMS: (continued) Title No. 06-98201808-IN Locate No. CAM7743-7743-2982-0098201808 12. This Company will require the following documents for review prior to the issuance of any title assurance predicated upon a conveyance or encumbrance by the corporation named belo��,�'[y]l� Jjya,� _MIT B Corporation: 3. C. Penney Properties, Inc., a Delaware Corporation , LILK (a) A copy of the corporation By -Laws and Articles of Incorporation. (b) An original or certified copy of the Resolution authorizing the transaction contemplated herein. (c) If the Articles and/or By -Laws require approval by a "parent' organization, a copy of the Articles and By -Laws of the parent. The right is reserved to add requirements or additional items after completion of such review. 13. Any rights of the parties in possession of a portion of, or all of, said land, which rights are not disclosed by the public record. This Company will require, for review, a full and complete copy of any unrecorded agreement, contract, license and/or lease, together with all supplements, assignments and amendments thereto, before issuing any policy of tide insurance without excepting this item from coverage. The Company reserves the right to except additional items and/or make additional requirements after reviewing said documents. 14. Any easements not disclosed by those public records which impart constructive notice as to matters affecting title to real property and which are not visible and apparent from an inspection of the surface of said land. 15. Any facts, rights, interests or claims which a correct survey would disclose and which are not disclosed by the public records. 16. "If an Alta Policy is requested, this Company will require an Inspection prior to the Close of Escrow. END OF ITEMS Note 1. Property taxes for the fiscal year shown below are PAID. For proration purposes the amounts are: Tax Identification No.: 316-20-062 Fiscal Year: 2005 - 2006 1st Installment: $87,652.56 2nd Installment: $87,652.56 Note 2. Supplemental assessment for 2005-2006 Bill No.: 316-20-062 1st Installment: $ 2nd Installment: $4,345.19 Paid CLTA F ...N R.Po ram 01117/04) NOTES: (continued) Note 3. Note 4. Note S. Supplemental assessment for 2005-2006 Bill No.: 316-20-062-21 1st Installment: $2,114.97 Paid 2nd Installment: $2,114.97 Paid Titre No. 06-98201S08-3N locate No. CACn7743-7743-2982-0098201808 EXHIBIT B There are NO deeds affecting said land, recorded within six (6) months of the date of this report. Your application for title insurance was placed by reference to a street address only. Based on our records, we believe that the description in this report covers the parcel that you requested. To prevent errors and to be certain that the proper parcel of land will appear on the documents and on the policy of title insurance, we require written approval of the legal description in this report be sent to this Company, signed by the parties to the transaction. 0.TA Prel.. a Report Po. (tt/171N) NOTES: (continued) Title No. 06-98201808-JN Locate No. CACT17743-7743-2982-0098201808 Note 6. If a 1970 ALTA Owner's or Lender's or 1975 ALTA Leasehold Owner's or Lender's policy form has been requested, the policy, when approved for issuance, will be endorsed to add the following to the Exclusions From Coverage contained therein: E �T LY11Hu1 11 B T R Loan Policy Exclusion: jJ Any claim, which arises out of the transaction creating the interest of the mortgage insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or sirnilar creditors' rights laws, that is based on: (i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or (III) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (a)to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. Owners Policy Exclusion: Any claim, which arises out of the transaction vesting in the insured, the estate or interest Insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the estate or interest by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a)to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. CLTA Aelamnary Re"d Fame (11117104) NOTES: (continued) Title No. 06-98201808-JN Locate No. CACI77743-7743-2982-0098201808 Note 7. Wiring instructions for Chicago Title Company, San Jose, CA, are as follows: Receiving Bank: Bank of America Valencia Blvd, 2nd Floor Brea, Brea, CA 92823-6340 EXHIBIT B ABA Routing No.: 026009593 Credit Account Name: Chicago Title Company - San Jose Commercial 675 N. 1st Street, Suite 300, San Jose, CA 95112 Credit Account No.: 12353-81969 Escrow No.: 06-98201808-SM These wiring instructions are for this specific transaction involving the Title Department of the San Jose office of Chicago Title Company. These instructions therefore should not be used in other transactions without first verifying the information with our accounting department. It is imperative that the wire text be exactly as Indicated. Any extraneous information may cause unnecessary delays in confirming the receipt of funds. Note S. Section 12413,1, California Insurance Code became effective January 1, 1990. This legislation deals with the disbursement of funds deposited with any title entity acting in an escrow or subescrow capacity. The law requires that all funds be deposited and collected by the title entity's escrow and/or subescrow account prior to disbursement of any funds. Some methods of funding may subject funds to a holding period which must expire before any funds may be disbursed. In order to avoid any such delays, all funding should be done through wire transfer, certified check or checks drawn on California financial institutions. Note 9. The charge where an order is canceled after the issuance of the report of title, will be that amount which in the opinion of the Company is proper compensation for the services rendered or the purpose for which the report is used, but in no event shall said charge be less than the minimum amount required under Section 12404.1 of the insurance Code of the State of California. If the report cannot be canceled "no fee" pursuant to the provisions of said Insurance Code, then the minimum cancellation fee shall be that permitted by law, Note 10. California Revenue and Taxation Code Section 18662, effective January 1, 1994 and by amendment effective January 1, 2003, provides that the buyer in all sales of California Real Estate may be required to withhold 3 and 1/3% of the total sales price as California State Income Tax, subject to the various provisions of the law as therein contained. 10 CLTA Pielm ury Report Fmm (11117/04) 0 t EXHIBIT B O N {M MT�I� ,u]Ya IJ WOIFE , ROAD I CL � a ' �7 ... `iic ATTACHMENT ONE AMERICAN L.WD TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY (6-"7) EXCLUSIONS N admnm Ia the Faccpiom m 5chodule B, you we not INYmd ageiml Ion, mu, attorneys' fee, and cxpem.+ rsaulling I'mm 1. Goxsrmmcnt h police pc��bus and the exi.i., o m vole. an of any law n gave sit. r.rrc. m. This includes bmldmg and mating ordnunco and ales law and rtgulehom • rcjmin, andm •impm... I. an tha lend • lamditfainn • us"mmnrntal Pmlcctmu Tlti cxclusinn do.. not apply to nnldiom or the embnemml of these mama, which appear in the public records at policy date. The, oaclu ion don core limit the worn, ern crege described of It. 12 and 13 nfCmersd Title RiAu, 1. The nght In take the land by condemning if. utlera' n notice ol'exsmiehrg the right appears in the public record, on the Policy Data • the taking happened puns to the Policy Dote and is bundingon you ifpu hough the land oi1Mw knou ledgeof the taking In additme, to the aclwmm. you we not Inea.d against lues. Cutts, moneys' Pose. and the aspens. «ending finer. I. Mynghu.intereda erotism afpenin Nponeasim elide lend not shown bythe pmtla mcnnh 2. Any easementsinIleor Hone not shown Ri the pudic reread.. This doer not limit the fiat amornge in Item S of Cmsnd Title Rieke EXHIBIT B Title Rieke: • that its msatW, allowed, m sg.eed to by you • that we known to you, but not to se, on the Policy Date.mlexx they appeared in the public ,..rat • thol...hutooluaahayou • that fuel affect your title after the Policy Data - this doe, trail limit the labor and m+lciid lion cavemgc in horn 9.1`17. red Title Risks Fail. In payy value for your lille. Lack of. in • to my Imid oustde the arcs gamOcally d.eCribN end Mined In in 11.3 of Schedule A ar • rd drtete, do. or limit the touch you land This exdu,im doe not limit the etteas rovsnge m Item 7 ofCmend Title WsW. 3. My fan, about the land which a coact.useywould disclose and which art teal sounly the public records. This does not limit the forted removd coxerege m ilea 12 oi'Cnurnd Title Rik.. 4. My water rights ce claim m title to water of or under the land, whether or not shown by the public meet& CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY -1400 EXCLUSIONS FROM COVERAGE The 1'nlivmgmenws we cs.c.1y.clwkd I'mm the coverage Mhu i elicymdthecmyany will not Pay leas m damage, mat., attomayx' fe. re esp. which mac by. M`. I. (a) Mylaw,oNlnanaagovcmmcntal rtgWYlm (imlWing M4 rest limkdto bu16d'vtg and water, laws, adimrcn, urtgulatiom) rtdnnin& rcgdNhnB (p,�m,h�,-�1biting or mleting (i) the occupercy,... or en youret ofher IBM;lii)the chanter, rnomemloaner tit my impmssmM new for here ffer=led en the Ind; (rat) a separation inwTxf Npa e change in the dtmeruiom or arts oflhe lend ce myy parcel ofurh eb the Iwo ism eves s Pact; In (iv) ensimnmontal Fri ce the eflecl of any violation of these law, udiner,ce m gnxsmmnval regulations, .ceps In the extent that a notice of the enforcement thereof or a notice of a dcfecl, bat oroncunbrmce resulting Dorn a viold in m alleged ...leion affecting the Ind her beer recorded in the public rtccode at Data of Policy. (h) Mygissmmrni6l polio pnwaT nm.chded by(a)ebow,excepl to the stem shale mlimull cxMissilumeoferearomecol4deftict.1hmorencunbrmcerewdimgfroma ssolefion for alleged xsoldton affecting the land has been recorded in the public records at Dw. of Puffy. 7. Rights of omircnt domain uN.a notice of th. exercise therent'he, ben rtcordsd in the publit m ords at Date of Policy, but not excluding term covcragc my taking which his iWCumed p or to Data ol'Policy whah would be binding in the.01, Of a p.mh..r for s Mwlue twfu,m knowledge. ert,.him, oncwnbrancsa, ad,erw chum. of other ..it. (a) uhctherurnin horded inlhe public r.mded Daft Of Policy. but Created Buffeted, aeunNieagreedtobyth.in, cldmml, (b) not Wmvn ur the Compny, one rteoeded m the public rmmd. at Dde y the ibut knowntotheinsuredthe data the mnd net modchomerna became gto indee Co byolicy.insured cleimmt pries to the dote the insitM cl+lmud becwne m imucd udder that polity: (c) cow Ling m mate erdamgeto the itwmdcey,cet: (d) meshing in Heated damage which Date ldPolay,m cle ent h d in Ian a dmnsma whoh would mi hers barn air iname it the mucd clement bed pwdveho for the ImuW mangege CC for the wrate mmtemt'uuusdbythi ppnhey. Unmfumeability ofher tier ofihe insured mortgage Fecmue ufihe inability or failure of the Insured at Dale of Policy, or the inability or failure of my subsequent owner of the indeMednen. I ... Vly with the applicable domgb.un.. law aftlie dst. of which the land Ia situated. Invelidily or teanforceabiliryofth. lira ofita Imu.d usual m claim thereof, which cow cul ofhher Irmeactim.ndencedby the imusd mmlpge and is lased upon uaeyn my consumer credit protection for truth in lording low. My claim, which man out ofibe irwvwtlon vesting in the imimd the said. or iiuem,t insured by this Policy or the transaction creating the missed oflhe moved lades, byressoo of the rimmatton offederal hat arrancy, state mmhomcy offender cteddod ngts laws. SCHEDULE B, PART EXCEPTIONS FROM COVERAGE This pubp doses oat mum, sgermt Ion m damage tend the Company will no pay emu, ettomeys' foes or expenses) which ense by reason of PART] I. Texts, or eseesemmt. which am not shown as railing liens by the mCords af.y train, emhony that Ini. tax., m .we is on reel pmpeny a by the public .cos*. Preei dmpbyapublic egercywhtefi mayneon in Iran reaasesnemsorntemMeeh procecdinga, whdher m rot shown bythe records afauch agencyorbythe public records. 2 Any ndm . interests clwm which we not shown by the public reorde but which could In emartained by an inspection of the Ind or which may be awned by peream in pmas.sionthereof. 3. E+s morns, time or encumbrances, ce claims thereof which we not shown by the public records. a. Wit bee, cordlicu m bo Imes, shi nege wee, cane, m any he, fecisw 'ch seem tsurveyy uroold nclow,atd which art not shnun by tlapublictmshb. d. (a) Unpainted mining deuns; (b) c.manom or encpuaru in patens: w in Ads .it.. ungihe dance thereof, r (water shown bath• Public to watm,wMkswcotuhe mrten excepted under (e), (b), m (c) arc shown by the public records. Avesclmaent Om (1 UI7/04) W06411111311191 ATTACHMENT ONE (CONTINUED) AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (I0d7.92) WITH Ad .T.A, ENDORSEMENT -FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE The Inllowngmeticm ale apwsly excluded lions Ilia mwemge afthi. pnlicyand tha('urrpmy will nor pay 1. or duni rests. atromcye' f a m expos a which anae by auction 1. (a) 4nY leu, nNinanammcsamnnnel rt¢ulanon findudin¢bw nollmutcd to huiWva a change in the dimensions areas ofthe land or anyy panel .(which the land 'u i r wan a pm: or (r•)e wlimmatm l protection. or the cll'oct of any wtolmon of these news, cmdininca or Wilemmcou.1 rergulatime, except to the exlcm that a notice of the m ontbrceem thereofora nnric ofe defect, lien or encumbrance mulling from a xnoldm or alleged ninlebon affecting the land has horn recorded in the public records at Date of Ynbry not t1wroeapowenwt excluded by(gebms,exrancerhememthme nwi0�nfireacrcise lhenmforanotice ofe defal, lien or encumbrance rcsultingl'mma D.1c.f malleged violation affecting the Imd ha bens recordedNshe public mcurdea Date l' f.mar pu{d"In of sanest Alma Wier. notice of the excluding nose Ihercof ha barn recorded h the puhlm mcrdr at Date of Paltry. but nut ouldbfrom omme rights any taking puncheon has Laturrtd pour in knowledge. of Policy which would be binding m the n�+lta of a pmclseer for valuewithout encumbrances. (0 e,lien.crsrenhrateacecalm ageclime, mother maim: le) creatnown reo ComasseamMoregreedded in the public ctcordsa known nto the mlothe('mmnt an mTrtmNednthepubhc records at Date anybythe icy,but kmuntothewutedclamantandedtductsede beam ninthe Companys poli insured claimant prior to the date the insured claimant betas m unwed under this policy, Ic) rwultingn mated mdemn�tothctnmaeddy(exc ins ritahoef or tsthe mmiratedyofth tube of the n uredmortgip (except to the extent that tlmpolry 'numcrs ilia pnmtyo(the lien of the imuredmmgege oar my ataworylimf services. learn x metmel cn In the extant irumerre id all'aded hertin ve to aueummL for anal tmpnvs,ment. urdm cmW mans nr nmplctcJ at Date ofPohry). m in loss or chases which wmdd not hose been oestelrnd Wrist insured which if. bad 6. criers out ofthe transaction ccldenad by the unwed mortgage end is based upon worry, or My consumer credit protection or truth in lending law. 6. Any statutory lien for services, lob" or materials (or the claim ofprwnlyofanytestimony Into 1. senncve, labor or materials user the but.fthe insured mom ge)M34 from an hnprovemM or work Meted to the land which is, attracted Cw and commenced s bncyumn to Data of Polity and is, not financed in whole or in pan h1' pmada ofthe indebtedness secured by the insured mmpge which at Date of Policy the instead has advmad a is obligated m adverse.. 7. My claim, which move out ofthe context ion creating the interest ofthe mortgagee initial by this policy, by reason ofthe operation offedeml bankruptcy, state meoleosy, onirttila AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10-17-92) EXCLUSIONS FROM COVERAGE 'Ind fills vmgmmers ere apmalYexdwkd I. the utwmsix ofthi. p.LryendbeCmgmry will rot pay loss or damage, sure, ere."' fee or expense which arise by realm of. I. (a) Any law. ordinance or gainmmental regulation (including but no limited to hulkhrng endxe occupancy. lam.ordrsn a,m meaulehuns)rcatnci)th regulating pmla'lplmga ]nation often),he arupency. use, or now in nfldedolse : the the character, mesinnsmlmu of often) Lit ttncmnnwe'mm=aoerectedmthe Imd:(lei)a hwh the ma is or was e rhmge Tn the dirtmunns m erta of the lull ar my paean ofwvhrch the lard ice m ww a pen: nr 01') envino.mal protection, or the .(fed of any violdian of th.c new, mdmenc. or gosemmenlel re Idiom, crccpl la the Client that a recite of' the enfoncmwmt Ihere.froa nonce or defect, aim arm larencereaultmgfrom awtldion or alleged wiulatim i4foling the land has barn recorded in the public mord. at Date of Polio. (b) My icmmewal police pmvernm excluded by(s)ebuve,cxaapl la the stem Orate node ofthe cmrtiu Ihcnnfura entice of.detail,Tienarencumbretuameltingfnrcne Motion or alleged isolation affecting the Imd has been retarded inthe public records at Dar of Policy. 2. Ndus of Content domem ticks. mote ricat b he exercise thereof has in the pat he records el Dale of Policy, but not excluding from cmtnage my taking which has acwcd prim to Data of Policy which world he binding on the rights of a porehwa for veld. without knowledge. 0. Detkcts, hen. encumbrances, adverse clans, or what mdtem: (a) c-velcJ. sullercd, waned or agradto hythe utorW demmu; of the n.urW mmppl, being d...M a r; or wed mmgeger on. aunt .fdar applicalson r of the Isumt monpkee king deemed a must former results from the failure: .trasfm or cc to a p rcharer for vats or ejudgemenl or (b) mt known to the Ca my, not mailed in tha public recall a Dde ofPolnry, but Imounto Ilia inured clanront andnutdisclosedmwntmgtothe Comps hythe inured s claimt poor to the date Ind insured clamant became an unwed under taus policy, (c) resulting in no loss or damage to the insured claimant: (d) attaching or mated subaegtuout to Dec of Polity cr (a) mulling in loss or damage which would not heed been suvamed it the tnsmed claimant hag .Id talue for the ease or interest entered by it.. policy.My clam, which ,is. nut ofthe lrerwmon resting in the insured the verve or interest inured bythis pohry, byre.... the pernsim nffedeal buakruney,state¢toleeaaY.or erne, crednot'righte new, [hat is based om It) the transaction creating the aside or interest inured by this policy being deemed a fraudulent .nIy.0 nr faudulent transfer. re (,i) the trensecnm crating the estate or interest inured by this pm loy bragg decmcd. preferential iranfer except where the preferential transfer results froThe tedum' (a) to timely record the inshurnent of nasfm or (b) ofamh recordation la TmpM notcc to a porchaxa fm value m a )udgcmmt or lien cadimr. The shoes, ALTA policy forces. dated 10.17-92, nay be issued to afford either Slmdad CoI age or Extended Cocleap. In addition to the shoes Excitation, from Coversge, the Rapti.. 6natmenew in o Standard Gore, pnbty will aim inlude the following General Raeepli.n EXCEPTIONS FROM COVERAGE This pnhc) doa ml inure against Inns or damage (aril the Carnpmry will nott pay cod., anorneys' new or expert.) which anw by realm of. I. Taxes in mtenanmis which art not shown as existing liens by the =cc& of my taxing authority that latw tuw or cars t. m real Property or by the public mulls. Procndm® bye public agency, which wry molt In Imo m aseasmennaurrlwtmol'mch pmcadingswhelhermnnt shim bythe records alsuch agencymbythe public words. 2. Myfaem,not., intrnas,rclaim, whah are rot ahC.bylhc,hl,c ncoNs for whah could lac escedeined by an inspection of the land or which maybe asmated by persons in puaweion There.l: d. Easements, Itas m em'mbmmmw, or claims thereof, which am net shrmn by the public m caret.. 4. Ducmpmmw, mMicts in bo�Idery lines, shortage inn+o area, eacmxae t, m any other fact. which a correct evwsy..Id dt.cl=, and which m mt.houn by ft pblicm um b. 5. a) ur,ocri mining claiu,e. (b) at,. or except — ,n pram. or in Anii euthoriangthe imana thereof, (c) water rights, claims Cantle to water,wlvahcortas the matters excepted order (a), (b) or (c) ere iMwn by the public retards. Attachment Orc (11117104) ATTACHMENT O'NE (CONTINUED) CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (Ill AI,TAHOMEDW 1SR'S POLICY OF TITLE INSURANCE(104243) EXCLUSIONS In addition to the Exceptions In Schedule B, You art rhu insured against Ims, costs. attorneys fee, and expenses resulting l I W"comanssl police power, and the exiMence or violatian of my law or pntm 1 rcgdatiow This Include ordtwrwo, laws a J regulmiow conceming wddmg h vniq C. Load use d. mpmvemnm "m fend Lend division 1: mvinmmeatal prao Lion This Exclusian does nd applyta violdiom who enfoncmM ofthese matte don occ ofthe vmlarram"anlinemn m eppe® m the Public Recoida as the Policy Date. This Exclusion does Too hearse the coverage dcsmhd in Covered Rusk 14. 15, 16, 17 or1 . 2 The Inhere of Ynureximmgatnscfuro." my Per a fill., to be commuted m omvdmue month Iicahle building aides. This Rxclwion does art apply a viol.h. of loulldrag cWn :thane artists vtelehm appear on the Public Records To the Policy Date. i. The right to take The Lard by' eoademhdng it, urdens. a. Colin al'"euismg the right epperos In the Public in ding m the Poliry bong m h. The taken hq.percabcfnrctheact king. Deter and is btadingm Yau if You bought the Imd wlhnW Nnmvinghfthe tekily. EXHIBIT B 4. Risks: e that art crossed, allowed, or agtaed m by You, whether or not they appear in the Public Records; I, that me Known to You at the Policy Dodo, to nol Is Us, undoa they appear m the Public Records.) the Policy Data: c. he moult in no loss to You; or d. that fins cede after the Policy Date - this does not limn the coverme deserthed in Covered Risk 7, Ed, 22. 23, 24 or 25. 3. Failure to pay value far Your Title. 6 I ck are right: to my Imd outside the arts specifically demmib d and rtlmsd la in pare®nph 3 of Schedule A: and b. in week, alleys, or waterway. that touch the Lard. This Radiation does na limit the coverage dcaribcd in Coveted Rids 11 or IS. LLMITATIONS ON COYERED RISKS Your insurance tin the tnllnwmg Covered Rieke is limited an the (bmm't Coverage Statement To follows: Far Caveed Riak 14. 15. 16 and 18. Your Deductible Amount and Our Maximum Dallas Limn ofLiabihly shown in Schedule A. The deductible mmvets and maintain dollar limits shown on Schedule A me a lullaws ]'our Dedumtible Amount Our Mmlmurn f2ollan L itul dukil'y Covered Risk 14: LJ(Ae of Policy Amount or S za,0 (whchner is Ice) Covered Risk 13: I.Mob ol'Pnlicy Amount S ar (wane' tier n lens) Covered Risk 10: 100% or P.1my A home S 3,000.010 ar (whichever is hem) Covered Itisk IS: 1.9kAb of pnliry Amount or S in, uhecer is hem) ALTAF,XPANDED up,ee.ly exciWW f mars dovenga of,hT, poLcyad the dlnymry a, costa, attorneys fees orexpcmm which arise by mom of. upanry, we, m rntoyymn�mmI at the tared; (u) the character, aunenmoas or location my, impn cements now or hem.Ror emoted an the Lord; Jill) a aepanstinn in ..hip or e change in The diminutions or srem nflh. lard or myy peril of which the Load.. nnvm e pan: Or (iv) ca,veumnental pmtntion, ar the afTad of any violation of these Iowa, urdimmces or governmental replotions, except to the extent that a notice of the ent'arcemenl Ihemofor a entice rife defect, hen or eacumbrmso. routimgimens vioimm nr alleged violation affecting the Land hat been rnmdeel in the Public Reewdo at Date at' Policy. This eaclwion doe Out limit the ends, provided under Covered Risk. 12.13, 14, ed 16 ofthi. policy. (b) Mygnvem 1W pnhccpnwermte.eluded hy(e)eMee, excryTlo The uteri 0tme ,ilea of the ..mesa ihcrtcfm .slim ofa defect, lies m cm=brmec mwllingfrmn a violative al alleged vinlmion Data nn This ,scionaDdeonurinmt limit rthde h<at vbeanrngmepmnovfieddcl iunthdees Covered vvRisks 12.0,14.erd16oftlan.pnhcy. RtdITe of eminrnl domain unlrn noteca of the cxmim n coverhis been king which in the occurred! lid Records t a oleo of Poliry, but rid would bo lions coverage mytakingpurchases c hse has .deemed ppoaor to Dale of Policy which would h bmdmg an the rights ofa punhmar for wNa without Kimwledge Defn n, .:d. ff. od.... d m ass Beim. va usher meal' (a) .Ka mffered, wurtuJ oragrtedto bylth Wur.d Claamm�; (b) colKmwntotha l.unas y,na recorded tntM Public ReconL ai Date afPotrylit Known to the WurW Cle the sad nni disslmcdec writing tun the Cmnp r this policy, icy, (leim W prim m the dda the Wu C CleimmT became m Wwed fader this policy, (c) rou0ing m ro Ion dm..ga to the Wumed Qsimenr $10 S 25.o00.00 i 23.000.W 13 (g0.00 POLICY (10113101) (d) ahachmg or meatW suhweryent to Data of Policy (this paragraph does limn the 'cod ego providod under Cavmed Risks B. 16, I8, 19. 20, 21, 22 .23, 24, 23 iced 26): or (a) Melting at loss or damage which would not have been sustained if the Wurcd C14uniml lied peed assess fur the WoeJ Mongege. 4. lhtuforcugilityy ohhe bun of [he Wtved Mortgage because ofthe Inebibtym f durc of the tamed a 17ate of Policy, or the inability or failua of my subeeyumt owner of the indebtedness, in comply mth applicable domgbuslnem laws ofthe state inwfiehth, last is situated. 3. Invalidity or unenfinecabilityoflhe Jim of the hulmd Maegage, or clan thereof. which asses not ofthe transaction evidenced by the boosted Mortgage and is based upon o ry, eeyt m provided To Covered Risk 27. or my conatmtm credit pmtectim or Truth To lending lens. 6. Real IT ytexm or msme eeonu of my, ge.entalanhority which barrels o ben. the Lend eubee uent to Date of Poliry. Two exclusean doe. rot limit the wvemgeryovided order Coveted Risk. 7. ll and 26. 7, My claim of invalidity, uneNbrceabtlny, in lack of priority of the bar of the tamed STmg use title, the cxMtmrc of whim are T nown To Ina houses at. The time of the advmwe, or The time. modiftewm is made to the lemur ofthe hntocd Matgege winch chmiya meoftmanmtchanged,iftherareofirade i.areelarm.insultafthemnddtcanm 9. The failure OM. midectiol mruchae, or the Public Records al Date ofPolicy. Thereof to beve been corutracted i applicable building cod". This doulice ofthc mistonappema in Altachmert One(1 M W04) EXHIBIT B Notice You may be entitled to receive a $20.00 discount on escrow services if you purchased, sold or refinanced residential property in California between May 19, 1995 and November 1, 2002. If you had more than one qualifying transaction, you may be entitled to multiple discounts. If your previous transaction involved the same property that is the subject of your current transaction, you do not have to do anything; the Company will provide the discount, provided you are paying for escrow or title services in this transaction. If your previous transaction involved property different from the property that is subject of your current transaction, you must inform the Company of the earlier transaction, provide the address of the property involved in the previous transaction, and the date or approximate date that the escrow closed to be eligible for the discount. Unless you inform the Company of the prior transaction on property that is not the subject of this transaction, the Company has no obligation to conduct an investigation to determine if you qualify for a discount. If you provide the Company information concerning a prior transaction, the Company is required to determine if you qualify for a discount. Effective through November 1, 2014 EXHIBIT B Fidelity National Title Group of Companies' Privacy Statement July 1, 2001 We recognize and respect the privacy expectations of today's consumers and the requirements of applicable federal and state privacy laws. We believe that making you aware of how we use your nonpublic personal information (Personal Information' and to whom It is disclosed, will form the basis for a relationship of trust between us and the public that we serve. This Privacy Statement provides that explanation. We reserve the right to change this Privacy Statement from time to time consistent with applicable privacy laws. In the course of our business, we may collect Personal Information about you from the following sources: • From applications or other forms we receive from you or your authorized representative; • From your transactions with, or from the services being performed by, us, our affiliates, or others; • From our Internet web sites; r From the public records maintained by governmental entitles that we either obtain directly from those entitles, or from our affiliates or others; and • From consumer or other reporting agencies. Our Policies Regarding the Protection of the Confidentiality and Security of Your Personal Information We maintain physical, electronic and procedural safeguards to protect your Personal Information from unauthorized access or intrusion. We limit access to the Personal Information only to those employees who need such access In connection with providing products or services to you or for other legitimate business purposes. Our Policies and Practices Regarding the Sharing of Your Personal Information we may share your Personal Information with our affiliates, such as Insurance companies, agents, and other real estate settlement service providers. We also may disclose your Personal Information: • to agents, brokers or representatives to provide you with services you have requested; • to third -party contractors or service providers who provide services or perform marketing or other functions on our behalf; and r to otherswith whom we enter into Joint marketing agreements for products or services that we believe you may find of interest. In addition, we will disclose your Personal Information when you direct or give us permission, when we are required by law to do so, or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. One of the important responsibilities of some of our affiliated companies is to record documents in the public domatn. Such documents may contain your Personal Information. Right to Access Your Personal Information and Ability to Correct Errors or Request Changes or Deletion Certain states afford you the right to access your Personal Information and, under certain circumstances, to find out to whom your Personal Information has been disclosed. Also, certain states afford you the right to request correction, amendment or dtletim of your Personal Information. We reserve the nght, where permitted by law, to charge a reasonable fee to cover the costs incurred In responding to such requests. All requests must be made in writing to the following address: Fidelity National Title Group, Inc. Privacy Compliance Officer 601 Riverside Avenue Jacksonville, F. 32204 Multiple Products or Services If we provide you with more than one financial product or service, you may receive more than one privacy notice from us. We apologize for any Inconvenience this may cause you. Privacy Statement tprrvary) ( I U05) Ksit Us on our Webslte: w ..ct7c.win Chicago Title Company EMBIT b 675 N. 1st Street, Suite 300 • San Jose, CA 95112 408 292-4212 • FAX 408 282-1404 PRELIMINARY REPORT Amended Title Officer: Jan Nguyen Title No.: 06-98201367-B-JN Escrow Officer: Sharman McKenna Locate No.: CACTI7743-7743-2982-0098201367 Escrow No.: 06-98201367-SM TO: United Commercial Bank 555 Montgomery St. 3rd Fl. San Francisco, CA 94111 ATTN: Nick Volk SHORT TERM RATE: YES PROPERTY ADDRESS: Vallco Shopping Center, Cupertino, California EFFECTIVE DATE: May 9, 2006, 07:30 A.M. The form of Policy or Policies of title insurance contemplated by this report is: 1. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A Fee as to Parcel I -A, Parcel I-C(1), Parcel II -A, Parcel III, Parcel VI, Parcel XII; and An Easement as to Parcel II-B, Parcel V-A, Parcel V-B, Parcel V-C, Parcel V-D, Parcel XI, Parcel XII, Parcel XIII and Parcel XVI; and CLTA Relvmnary Report Form (1III 7/(A) A) A Leasehold Estate as to Parcel XIV, created by: An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein as disclosed by the document Entitled: Memorandum of Ground Lease Lessor. Sears, Roebuck & Co. t1 T )HBIT B Lessee: Westland Shopping Center L.P. L Recorded: September 27, 1988 in Book K695 at Page 277 of Official Records Assignment of the lessee's interest under said lease, Assignor: Westland Shopping Center L.P., a California limited partnership Assignee: Vallco L.L.C., a Delaware limited liability company Recorded: April 27, 1995 as Instrument No. 12873385, Official Records The Lessee's interest in said lease was assigned by Trustee's Deed Dated: December 3, 1997 Executed By: First American Title Insurance Company, a corporation, as Trustee To: Teachers Insurance and Annuity Association of America, a New York corporation Recorded: December 9, 1997 as Instrument No. 13969593 of Official Records An unrecorded sublease with certain terms, covenants, conditions and provisions set forth therein as disclosed by the document Entitled: Memorandum of Ground Lease with Purchase Option Sublessor: Teachers Insurance and Annuity Association of America, a New York corporation Sublessee: JG Cupertino LLC, an Ohio limited liability company Recorded: October 22, 1998 as Instrument No, 14459201 of Official Records The Lessee's interest in said lease was assigned by Trustee's Deed Executed By: Chicago Title Insurance Company, a Missouri corporation, as Trustee To: Teachers Insurance and Annuity Association of America, a New York corporation Recorded: February 14, 2003 as Instrument No. 16821970 of Official Records Assignment of the lessee's interest under said lease (Sears ground lease), Assignor: Teachers Insurance and Annuity Association of America, a New York Corporation Assignee: Vallco International Shopping Center, LLC, a California Limited Liability Company, The E&H Fifth Family L.P„ a California Limited Partnership, Sun Valley Property, LLC, a California Limited Liability Company, Dung Pham, an individual, and East Gate Properties, LLC, a California Limited Liability Company, as tenants in common Recorded: June 12, 2003 as Instrument No. 17106184 of Official Records Assignment of ground sublessee's interest (Sears Ground Lease), Assignor: Teachers Insurance and Annuity Association of America, a New York corporation Assignee: Vallco International Shopping Center, LLC, a California limited liability CLTA p ehminary Report Fo I (11117") company, The E&H Fifth Family L.P. a California limited partnership, Sun Valley Property, LLC, a California limited liability liability company, Dung Pham, an individual and East Gate Properties, LLC, a California limited liability company Recorded: June 12, 2003 as Instrument No. 17106187 of Official Records B) A Leasehold Estate as to: Parcel I -A, Parcel I-C(1), Parcel II -A, Parcel III, Parcel VI, Parcel VII, Parcel VIII, Parcel D(, Parcel X and Parcel XII, created by: An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein as disclosed by the document Entitled: Memorandum of Ground Lease With Purchase Option Lessor: Teachers Insurance and Annuity Association of America, a New York corporation Lessee: JG Cupertino LLC, an Ohio limited liability company Recorded: October 22, 1998 as Instrument No. 14459201 of Official Records The Lessee's interest in said lease was assigned by Trustee's Deed Executed By: Chicago Title Insurance Company, a Missouri corporation, as Trustee To: Teachers Insurance and Annuity Association of America, a New York corporation Recorded: February 14, 2003 as Instrument No. 16821970 of Official Records Assignment of ground lessor's and ground lessee's interest under said lease, Assignor: Teachers Insurance and Annuity Association of America, a New York corporation Assignee: Vallco International Shopping Center, LLC, a California limited liability company, The E&H Family L.P., a California limited partnership, Sun Valley Property, LLC, a California limited liability company, Dung Pham, an individual, and East Gate Properties, LLC, a California limited liability company Recorded: June 12, 2003 as Instrument No. 17106186 of Official Records 2. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: Vallco International Shopping Center, LLC, A California Limited Liability Company 3. THE LAND REFERRED TO IN THIS REPORT IS DESCRIBED AS FOLLOWS: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF JN\CG 04/07/2006 CLTA Preliminary Report Form (11/17109) Title No. 06-98201367-B-JN Locate No. CACT17743-7743-2982-0098201367 LEGAL DESCRIPTION EXHIBIT"A" EXHIBIT B All that certain Real Property in the City of Cupertino, State of California, described as follows Parcel I -A: Beginning at the most Southeasterly corner of Tract No. 2860 as shown on that certain Map recorded in Book 138 of Maps, Pages 22 and 23, Santa Clara County Records; thence S. 83 deg. 47' 30" E., 42.44 feet; thence S. 00 deg. 04' 30" E. 407.03 feet to the true point of beginning; thence S. 88 deg. 51' 27' E., 303.11 feet; thence S. 01 deg. 08' 33" E., 9.04 feet; thence N. 88 deg. 54' 46" E., 23.42 feet; thence S. 1 deg. 05' 14" E., 378.00 feet; thence N. 88 deg. 54' 46" E., 16.22 feet; thence S. 46 deg. 05' 14" E., 106.07 feet; thence S. 1 deg. 05' 14" E., 215.11 feet; thence S. 88 deg. 54' 46" W., 29.29 feet; thence S. 43 deg. 54' 46" W. 150.58 feet; thence S. 1 deg. 05' 14" E. 29.43 feet; thence S. 88 deg. 54' 46" W., 115.55 feet; thence N. 1 deg. 05' 14" W., 23.23 feet; thence S. 88 deg. 54' 46" W., 86.48 feet; thence S. 28 deg. 54' 46" W. 95.50 feet; thence S. 1 deg. 05' 14" E., 83.48 feet; thence S. 88 deg. 54' 46" W. 299.55 feet to a point in the general Easterly line of Tract No. 2086 as shown on that certain Map recorded in Book 112 of Maps, Pages 40 and 41, Santa Clara County Records; thence along said general Easterly line, the following courses; thence N. 0 deg. 42' 30" W. (N. 0 deg. 43' W. per said Map), 157.45 feet; thence N. 89 deg. 13' 29" E., 298.99 feet (N. 89 deg. 12' 40" E., 299.06 feet per said Map); thence N. 0 deg. 04' 30" W., 800.02 feet to the true point of beginning. (A) Excepting therefrom, during the term described in (C) below all buildings and improvements situated upon the real property described below which said buildings and improvements shall constitute and remain real property, as excepted in the Deed from Vallco Fashion Park Venture, A Partnership and Vallco Center, Inc., a Corporation to Federated Department Stores, Inc., a Delaware Corporation, recorded September 14, 1976 in Book C280 Official Records Page 627, and more particularly described as follows: Beginning at the intersection of the monument line of Vallco Parkway as shown on that certain Parcel Map recorded in Book 325 of Maps, Page 12, Santa Clara County Records, with the monument line of Wolfe Road as shown on said Map; thence along said monument line of Wolfe Road, N. 1 deg. 05' 14" W. 445.65 feet; thence S. 88 deg. 54' 46" W. 100.32 feet to the True Point of Beginning; thence N. 1 deg. 05' 14" W. 120.92 feet; thence N. 88 deg. 54' 46" E., 4.71 feet; thence N. 1 deg. 05' 14" W., 134.50 feet; thence N. 46 deg. 05' 14" W. 41.85 feet; thence S. 88 deg. 54' 46" W. 55.05 feet; thence S. 43 deg. 54' 46" W. 31.51 feet; thence S. 88 deg. 54' 46" W., 16.22 feet; thence S. 43 deg. 54' 46" W. 10.91 feet; thence S. 1 deg. 05' 14" E. 12.58 feet; thence S. 46 deg. 05' 14" E. 17.00 feet; thence S. 1 deg. 05' 14" E. 160.21 feet; thence S. 88 deg. 54' 46" W. 17.12 feet; thence S. 1 deg. 05' 14" E. 10.88 feet; thence S. 88 deg. 54' 46" W. 12.85 feet; thence S. 1 deg. 05' 14" E. 8.27 feet; thence S. 88 deg. 54' 46" W., 11.68 feet; thence S. 1 deg. 05' 14" E. 51.06 feet; thence N. 88 deg. 54' 46" E. 155.78 feet to the True Paint of Beginning. (C) The exception described in (A) above is only for a term which terminate upon the termination of that certain Sub -Lease by and between Vallco Fashion Park Venture and Federated Department Stares, Inc., dated August 31, 1976, A Memorandum of which was recorded September 14, 1976 in Book C280 Official Records, Page 634, pursuant to the terms thereof, at which time title to the real property granted herein shall revert to Vallco Fashion Park Venture, its successors, its successors in interest and assigns without further act of any party thereto or their successors, successors in interest or assigns. Parcel I-C(1): Beginning at the intersection of the monument line of Stevens Creek Boulevard, as shown on that certain Parcel Map recorded in Book 325 of Maps at Page 12, Santa Clara County Record, with the monument line of Wolfe Road as shown on said Map; thence leaving said monument line of Stevens Creek Boulevard, along said monument line of Wolfe Road, N. 1 deg. 05' 14" W., 96.38 feet; thence leaving said monument line of Wolfe Road, S. 88 deg. 54' 46" W., 65.00 feet to a point in the Westerly line of said road; thence along the Westerly line, N. 1 deg. 05' 14" W., 558.22 feet; thence N. 2 deg. 59' 50" W., 270.93 feet; thence S. 88 deg. 54' 46" W., 19.97 feet to the True Point of Beginning; thence continuing along said Westerly line N. 1 deg. 05' 14" W., 1019.49 feet; thence along a tangent curve to the right, having a radius of 100.00 feet, through a central angle of 20 deg. 56' 09", an arc length of 36.54 feet to a point of reverse curvature; thence along a tangent curve to the left, having a radius of 100.00 feet, through a central angle of 18 deg. 28' 53", an arc length of 32.26 feet; thence N. 1 deg. 22' 02" E., 71.50 feet to a point on the general Northeasterly line of that certain parcel of land described as Parcel One in that certain Deed recorded in Book 7898 Official Records at Page 248, Santa Clara County Records; said line being common to the general Southwesterly right-of-way line of the CLTA Prehminary Report Form (11/17/04) EXHIBIT "A" (continued) Title No. 06-98201367-B-IN Locate No. CACr17743-7743-2982-0098201367 lands of the State of California; thence leaving said Westerly line along said common gene efollowing courses; thence N. 12 deg. 04' 03" W., 13.54 feet; thence in a Northwesterly direction al curve (tangent curve per said Deed) to the left, having a radius of 147.01 feet (147.00 f ) concave to the Southwest, whose center bears S. 77 deg. 52' 52" W., through a central angle of 5 deg. 12", an arc length of 12.92 feet; thence leaving said general Northeasterly line, S. 88 deg. 54' 46" W. 222.25 feet; thence S. 1 deg. 05' 14" E., 378.00 feet; thence N. 88 deg. 54' 46" E., 16.22 feet; thence S. 46 deg. 05' 14" E., 106.07 feet; thence S. 1 deg. 05' 14" E., 215.11 feet; thence S. 88 deg. 54' 46" W., 29.29 feet; thence S. 43 deg. 54' 46" W., 150.58 feet; thence S. 1 deg. 05' 14" E., 29.43 feet; thence S. 88 deg. 54' 46" W., 115.55 feet; thence N. 1 deg. 05' 14" W., 23.23 feet; thence S. 88 deg. 54' 46" W., 86.48 feet; thence S. 28 deg. 54' 46" W., 95.50 feet; thence S. 1 deg. 05' 14" E. 83.48 feet; thence S. 88 deg. 54' 46" W., 299.55 feet to a point in the general Easterly line of Tract No. 2086 as shown on that certain Map recorded in Book 112 of Maps, Pages 40 and 41, Santa Clara County Records; thence along said general Easterly line S. 0 deg. 42' 30" E. 237.00 feet (S. 0 deg. 43" E. per said Tract) to the most Northwesterly corner of that certain parcel described in said Book 8073 Official Records at Page 372, Santa Clara County Records; thence along the Northerly line of said Parcel N. 88 deg. 54' 46" E. 807.11 feet to the True Point of Beginning. (A) Excepting therefrom during the term described in (C) below all buildings and improvements situated upon the real property described below which said buildings and improvements shall constitute and remain real property, as excepted in the Deed from Vallco Fashion Park Venture, A Partnership and Vallco Center, Inc., a Corporation to Federated Department Stores, Inc., a Delaware Corporation, recorded September 14, 1976 in Book C280 Official Records Page 627, and more particularly described as follows: Beginning at the intersection of the monument line of Vallco Parkway as shown on that certain Parcel Map recorded in Book 325 of Maps, Page 12, Santa Clara County Records, with the monument line of Wolfe Road as shown on said Map; thence along said monument line of Wolfe Road, N. 1 deg. 05' 14" W., 445.65 feet; thence S. 88 deg. 54' 46" W. 100.32 feet to the True Point of Beginning; thence N. 1 deg. 05' 14" W., 120.92 feet; thence N. 88 deg. 54' 46" E., 4.71 feet; thence N. 1 deg. 05' 14" W. 134.50 feet; thence N. 46 deg. 05' 14" W. 41.85 feet; thence S. 88 deg. 54' 46" W. 55.05 feet; therfce S. 43 deg. 54' 46" W. 31.51 feet; thence S. 88 deg. 54' 46" W., 16.22 feet; thence S. 43 deg. 54' 46" W. 10.91 feet; thence S. 1 deg. 05' 14" E. 12.58 feet; thence S. 46 deg. 05' 14" E. 17.00 feet; thence S. 1 deg. 05' 14" E. 160.21 feet; thence S. 88 deg. 54' 46" W. 17.12 feet; thence S. 1 deg. 05' 14" E. 10.88 feet; thence S. 88 deg. 54' 46" W. 12.85 feet; thence S. 1 deg. 05' 14" E. 8.27 feet; thence S. 88 deg. 54' 46" W., 11.68 feet; thence S. 1 deg. 05' 14" E. 51.06 feet; thence N. 88 deg. 54' 46" E. 155.78 feet to the True Point of Beginning. (C) The exception described in (A) above is only for a term which terminates upon the termination of that certain Sub -Lease by and between Vallco Fashion Park Venture and Federated Department Stores, Inc., dated August 31, 1976, a Memorandum of which was recorded September 14, 1976 in Book C280 Official Records, Page 634, pursuant to the terms thereof, at which time title to the real property granted herein shall revert to Vallco Fashion Park Venture, its successors, its successors in interest and assigns without further act of any party thereto or their successors, successors in interest or assigns. Also excepting from said Parcel I-C(1) described above, a portion of said land as was conveyed to the City of Cupertino by Deed recorded October 15, 1976 in Book C348 Official Records, Page 714. Parcel II -A: Beginning at the intersection of the monument line of Vallco Parkway as shown on that certain Parcel Map recorded in Book 325 of Maps at Page 12, Santa Clara County Records, with the monument line of Wolfe Road as shown on said Map; thence along said monument line of Wolfe Road, N. 1 deg. 05' 14" W. 385.82 feet; thence N. 85 deg. 54' 46" E., 76.00 feet to a point in the Easterly line of Wolfe Road, being the True Point of Beginning; thence along said Easterly line N. 1 deg. 05' 14" W. 180.74 feet; thence leaving said Easterly line N. 88 deg. 54' 46" E., 27.43 feet; thence S. 1 deg. 05' 14" E. 180.74 feet; thence S. 88 deg. 54' 46" W. 27.43 feet to the True Point of Beginning. Parcel II-B: A perpetual and exclusive easement, for the construction, maintenance in place and maintenance, repair, replacement, re -construction and use of underground footings for buildings, structures and improvements to be located in Parcel V-A hereinafter described and other land over, in, under, along and across the following described real property: All that air space bounded by planes projected vertically at the parcel limits, below the horizontal plane at elevation 173.00 feet, according to the datum of the City of Cupertino; (City of Cupertino Official Bench Mark aTA Prdmnary Report Fq (11117M) EXHIBIT "A" (continued) Tlde No. 06-98201367-B-JN Locate No. CACTI7743-7743-2982-O bBIT B BM-1 Elev. 179.40); Beginning at the intersection of the monument Line of Vallco Parkway as shown on that certain Parcel Map recorded in Book 325 of Maps, Page 12, Santa Clara County Records, with the monument line of Wolfe Road as shown on said Map; thence along said monument line of Wolfe Road, N. 1 deg 05' 14" W., 426.56 feet; thence N. 88 deg 54' 46" E., 103.43 feet to the True Point of Beginning; thence N. 1 deg 05' 14" W., 140.00 feet; thence N. 88 deg 54' 46" E., 10.00 feet; thence S. 1 deg 05' 14" E. 140.00 feet; thence S. 88 deg 54' 46" W., 10.00 feet to the True Point of Beginning. Parcel III: Portion of Parcel 3, as shown on the Parcel Map recorded June 19, 1973, Book 325 of Maps, Page 12, Santa Clara County Records described as follows: Beginning at the intersection of the monument line of Vallco Parkway as shown on that certain Parcel Map, recorded in Book 325 of Maps, Page 12, Santa Clara County Records, with the monument line of Wolfe Road as shown on said Map; thence along said monument line of Vallco Parkway, N. 88 deg 54' 46" E. 85.00 feet; thence S. 1 deg 05' 14" E., 55.00 feet to the Southerly Right -of -Way line of Vallco Parkway and the True Point of Beginning; thence along said line N. 88 deg 54' 46" E., 600.12 feet; thence leaving said line S. 1 deg 05' 14" E., 306.00 feet; thence S. 88 deg 54' 46" W., 620.12 feet to the Easterly line of Wolfe Road; thence along said line N. 1 deg 05' 14" W., 286.00 feet; thence along tangent curve to the right having a radius of 20.00 feet through a central angle of 90 deg 00' 00", an arc length of 31.42 feet to the True Point of Beginning. Parcel V-A A perpetual and exclusive easement granted by the City of Cupertino, California by Agreement dated October 8, 1974, recorded October 17, 1974 in Official Records, Santa Clara County, Book B 135 at Page 370, as amended by Supplement to Agreement between the City of Cupertino, California and Vallco Park, Ltd., dated as of August 5, 1975, recorded on August 20, 1975 in the aforesaid Official Records in Book B571 Page 724, to construct, maintain in place, maintain, repair, replacement re -construct and to use buildings, structures and improvements over the following described Parcel of Land. All that certain real property situated in the City of Cupertino, County of Santa Clara, State of California, being a 140 foot wide strip, bounded by planes projected vertically at the Parcel limits, above the horizontal plane at elevation 195.50 feet, according to the datum of the City of Cupertino; (City of Cupertino Official Bench Mark BM-1 = Elev. 179.40) the centerline of which is described as follows: Beginning at the monument at the centerline of Wolfe Road and Vallco Parkway, as shown on that certain Parcel Map, recorded in Book 325 of Maps, Page 12, Santa Clara County Records; thence Northerly along the centerline of Wolfe Road as shown on said Parcel Map N. 1 deg 05' 14" W., 496.56 feet; thence at right angles S. 88 deg 54' 46" W., 94.00 feet to the True Point of Beginning; thence N. 88 deg 54' 46" E., 170.00 feet; The Easterly terminus being the Easterly Right -of -Way line of Wolfe Road and the Westerly terminus being the Westerly Right -of -Way line of Wolfe Road. Parcel V-B: The perpetual and exclusive easement for the construction, maintenance in place, and maintenance, repair, replacement, reconstruction and use of columns, supports, footings and foundations for buildings, structures and improvements to be located in Parcel V-A above described, granted by The City of Cupertino, California, by Agreement dated October 8, 1974, recorded on October 17, 1974 in Official Records, Santa Clara County, Book B135 at page 370, as amended by Supplement to Agreement between the City of Cupertino, California and Vallco Park, Ltd., dated as of August 5, 1975, recorded on August 20, 1975 in the aforesaid Official Records in Book B571 at Page 724, over, in, under, along and across the following described real property. Beginning at the intersection of the monument line of Vallco Parkway as shown on that certain Parcel Map, recorded in Book 325 of Maps, Page 12, Santa Clara County Records, with the monument line of Wolfe Road as shown on said Map; thence leaving said monument line of Vallco Parkway along the Northerly projection of said monument line of Wolfe Road, N, 1 deg 05' 14" W., 426.56 feet to the True Point of Beginning; thence S. 88 deg 54' 46" W., 14.50 feet; thence N. 1 deg 05' 14" W., 140.00 feet; thence N. 88 deg 54' 46" E. 32.00 feet; thence 5. 1 deg 05' 14" E., 140.00 feet; thence S. 88 deg 54' 46" W., 17.50 feet to the True Point of Beginning. Parcel V-C: CLTA Preliminary Report Form (11/17/09) EXHIBIT "A"(continued) Title No. 06-982013�� Locate No. CACTI7743-7743-2982-0098 7 The perpetual and exclusive easement for the construction, maintenance in place, and maintenance, repair, replacement, re -construction and use of columns, supports, footings and foundations for buildings, structures and improvements to be located in Parcel V-A above described, granted by the City of Cupertino, California by Agreement dated October 8, 1974, recorded on October 17, 1974 in Official Records, Santa Clara County, Book B135 at Page 370, as amended by Supplement to Agreement between the City of Cupertino, California and Vallco Park, Ltd., dated as of August 5, 1975, recorded on August 20, 1975 in Book B571 at Page 724, Official Records, and as amended by Second Amendment to Agreement, dated March 1, 1976 and recorded September 14, 1976 in Book C280 at Page 236, Official Records, and as amended by Third Amendment to Agreement, dated October 7, 1991 and recorded July 24, 1992 in Book M297 at Page 1860, Official Records, over, in, under along and across the following described real property: All that space bounded by planes projected vertically at the Parcel limits, below the horizontal plane at elevation 173.00 feet, according to the datum of the City of Cupertino; (City of Cupertino Official Bench Mark BM-1 = Elev. 179.40); Beginning at the intersection of the monument line of Vallco Parkway as shown on that certain Parcel Map, recorded in Book 325 of Maps at Page 12, Santa Clara County Records, with the monument line of Wolfe Road as shown on said Map; thence leaving said monument line of Vallco Parkway along the Northeasterly projection of said monument line of Wolfe Road, N. 1 deg 05' 14" W., 426.56 feet; thence S. 88 deg 54' 46" W., 84.00 feet to the True Point of Beginning; thence continuing S. 88 deg 54' 46" W., 10.00 feet to the Westerly line of Wolfe Road; thence along said line N. 1 deg 05' 14" W., 140.00 feet; thence leaving said Westerly line, N. 88 deg 54' 46" E., 10.00 feet; thence S. 1 deg 05' 14" E., 140.00 feet to the True Point of Beginning. Parcel V-D: A perpetual and exclusive easement to construct, repair, replace, reconstruct and use a vehicular tunnel and appurtenances thereto not in excess of 70 feet in width to be constructed, granted by the City of Cupertino, California by Agreement dated October 8, 1974, recorded on October 17, 1974 in Official Records, Santa Clara County, Book B135 at Page 370, as Amended by Supplement to Agreement between the City of Cupertino, California, and Vallco Park, Ltd., dated as of August 6, 1975, recorded on August 20, 1975 in the aforesaid Official Records in Book B571 at Page 724, within the area described as follows: Beginning at the monument at the intersection of the centerline of Wolfe Road and Vallco Parkway, as shown on that certain Parcel Map, recorded in Book 325 at Page 12, Santa Clara County Records; thence along the Westerly prolongation of the centerline of Vallco Parkway as shown on said Parcel Map, S. 88 deg 54' 46" W. 94.00 feet; thence leaving said prolongation along a line parallel to and 94.00 feet Westerly of said centerline of Wolfe Road, N. 1 deg 05' 14" W., 924.22 feet to the True Point of Beginning; thence continuing along said parallel line N. 1 deg 05' 14" W., 95.26 feet; thence along a tangent curve to the right whose radius of 100.00 feet; through a central angle of 20 deg 56' 09", an arc length of 36.54 feet to a point of reverse curvature; thence along a tangent curve to the left, whose radius is 100.00 feet, through a central angle of 18 deg 28' 53" an arc length of 32.26 feet; thence tangent to said curve; N. 1 deg 22' 02" E., 71.50 feet to a point on the Right -of -Way line of the lands of the State of California; thence leaving said Right -of -Way line N. 88 deg 54' 46" E. 171.63 feet to a second point on said Right -of -Way line; thence Southerly along said Right -of -Way line S. 15 deg 06' 31" W., 63.83 feet; thence leaving said Right -of -Way line Southerly along a line parallel toand 76 feet Easterly of the centerline of Wolfe Road as shown on said Parcel Map, S. 1 deg 05' 14" E., 172.58 feet; thence at right angles S. 88 deg 54' 46" W., 170.00 feet to the True Point of Beginning. Excepting therefrom that portion of Parcel V-D as was conveyed to the City of Cupertino by Deed recorded October 15, 1976 in Book C348, Official Records, Page 714. Also excepting therefrom that portion of Parcel V-D as was conveyed to the City of Cupertino by Deed recorded October 15, 1976 in Book C348, Official Records, Page 723. Parcel VI: Portion of Parcel 1 as shown on the Parcel Map recorded June 19, 1973, Book 325 of Maps, Page 12, Santa Clara County Records, described as follows: Beginning at the most Northerly corner of said Parcel 1; thence along the Northeasterly line of said Parcel, S. 60 deg 14' 49" E., 575.42 feet; thence leaving said Northeasterly line S. 88 deg 54' 46" W., 384.58 feet; thence S. 1 deg 05' 14" E., 432.68 feet; thence S. 46 deg 05' 14" E., 75.68 feet; thence N. 88 deg 54' 46" E., 48.02 feet; thence S. 1 deg 05' 14" E., 347.65 feet; thence S. 88 deg 54' 46" W., 65.00 feet; thence S. 1 deg 05' 14" CLTA D,ehminaw Rewn Form (11/17IN) EXHIBIT "A" (continued) Title No. 0-98201 Locate No. CACT17743-77 36 982 009 IIBIT B E., 46.19 feet; thence S. 88 deg 54' 46" W., 243.84 feet; thence N. 1 deg 05' 14" W., 97.91 feet; thence N. 88 deg 54' 46" E., 27.43 feet; thence N. 1 deg 05' 14" W., 180.74 feet; thence S. 88 deg 54' 46" W., 27.43 feet; thence N. 1 deg 05' 14" W., 530.23 feet to a point in the general Westerly line of said Parcel; thence along said general Westerly line, the following courses; thence N. 15 deg 06' 31" E., 76.49 feet; thence N. 9 deg 17' 58" E., 239.57 feet; thence along a tangent curve to the right having a radius of 97.00 feet through a central angle of 39 deg 48' 24", an arc length of 67.39 feet to the Point of Beginning. Parcel XI The reciprocal and non-exclusive easements, rights, privileges of use, ingress and egress, parking and for utility and other purposes created and granted as an appurtenance to said land, described in that certain Construction, Operation and Reciprocal Easement Agreement between Vallco Fashion Park Venture, Sears, Roebuck and Co. and Federated Department Stores, Inc., dated as of the 19th day of February 1975, Recorded the 7th day of March, 1975 in Book B309, Page 1, Official Records, Santa Clara County, as amended by (1) First Amendment to Construction, Operation and Reciprocal Easement Agreement Dated as of the 1st day of August, 1975 Recorded August 29, 1975 in Book B591 at Page 434 of said Official Records; (2) Second Amendment to a Restatement of Construction, Operation and Reciprocal Easement Agreement between Vallco Fashion Park Venture, Federated Department Stores, Inc., Sears Roebuck and Co., Inc., and J. C. Penney Properties, Inc., dated as to the 1st day of December, 1975 Recorded September 14, 1976 Book C280 Official Records, Page 296 in said Official Records as Amended by Third Amendment to Reciprocal Easement Agreement Dated September 14, 1976, Recorded June 24, 1977 File No. 5698586; (3) the unrecorded agreement dated as of the 19th day of February 1975, between Vallco Fashion Park Venture and Sears, Roebuck and Co., the unrecorded Agreement of the same date between Vallco Fashion Park Venture and Federated Department Stores, Inc. and the unrecorded Agreement dated as of March 1, 1976 between Vallco Fashion Park Venture and J. C. Penney Properties, Inc. and (4) the undated Agreement and Consent and Approval executed by Vallco Park, LTD., Vallco Fashion Park Venture, Federated Department Stores, Inc. and Sears, Roebuck and Co. Recorded in aforesaid Official Records in Book B309, Page 241 as amended by a First Amendment and Consent and Approval Dated August 1, 1975, by and among the same parties Recorded in the aforesaid Official Records in Book B591, Page 445 as further amended by another Agreement and Consent and Approval Dated as of December 1, 1975, by and among Vallco Center, Inc., Vallco Park Ltd., Federated Department Stores, Inc., Sears, Roebuck and Co. and J.C. Penney Properties, Inc., Recorded September 14, 1976 Book C280 Official Records, Page 484, as amended by Agreement and Consent and Approval Dated September 14, 1976 Recorded June 24, 1977 in Book C946 Page 001 and as amended by (5) Fourth Amendment to Construction, Operation and Reciprocal Easement Agreement between Vallco Fashion Park Venture, Federated Department Stores, Inc., Sears, Roebuck and Co. and J. C. Penney Properties, Inc. Dated May 1, 1979, Recorded October 15, 1980 in Book F656 Official Records, Page 203, and as amended by (6) Fifth Amendment to Construction, Operation and Reciprocal Easement Agreement between Vallco Fashion Park Venture, Federated Department Stores, Inc., Sears, Roebuck and Co., and J. C. Penney Properties, Inc., Dated February 15, 1984 and Recorded February 16, 1984 in Book I310 of Official Records, Page 001 (said Construction, Operation and Reciprocal Easement Agreement, as amended, said Agreements as Amended and said Original Agreement and Consent and Approval, as amended are hereinafter referred to collectively as "Construction, Operation and Reciprocal Easement Agreement", in, on, over, upon and undercertain adjoining real property therein, more particularly described, together with all of the rights, powers and privileges and benefits under said Construction, Operation and Reciprocal Easement Agreement, accruing to Vallco Fashion Park Venture, Vallco Park, Ltd., and Vallco Center, Inc., their successors, legal representatives and assigns. Excepting therefrom said rights, powers, privileges and benefits which are not real property or interest in real property. Parcel XII Portion of Parcel 3, as shown on the Parcel Map Recorded June 19, 1973, Book 325 of Maps, Page 12, Santa Clara County Records, described as follows: Beginning at the intersection of the monument line of Vallco Parkway as shown on that certain Parcel Map, Recorded in Book 325 of Maps, at Page 12, Santa Clara County Records, with the monument line of Wolfe Road as shown on said Map; thence along said monument line of Vallco Parkway, N. 88 deg. 54' 46" E. 85.00 feet; thence S. 1 deg. 05' 14" E. 55.00 feet to the Southerly right-of-way line of Vallco Parkway; thence along said line N. 88 deg. 54' 46" E. 600.12 feet to the true point of beginning; thence leaving said line S. 1 deg. 05' 14" E. 306.00 feet; thence N. 88 deg. 54' 46" E. 214.88 feet; thence N. 1 deg. 05' 14" W. 304.16 feet to said Southerly line; thence along a non -tangent curve to the right whose radius point bears S. 3 deg. 20' 48" W. having a radius of 575.00 feet, through a central angle of 4 deg. 35' 08", an arc length of 46.02 feet; thence S. 88 deg. 54' 46" W. 168.91 feet to the true point of beginning. CLTA Pmh..n.N Report Popp 01/171N) EXHIBIT "A" (continued) Title No. 06-98201367-B-IN Locate No. CACT17743-7743-2982-0098201367 EMIBI'1 PARCEL XIII A perpetual and exclusive easement to construct, maintain, repair, replace, reconstruct and to use buildings, structures and improvements above a plane 15 feet above the highest point of the traveled surface of Vallco Parkway, crossing Vallco Parkway, a dedicated public street over a strip of land 20 feet wide, the center line of which is described as follows: Beginning at the monument at the centerline of Wolfe Road and Vallco Parkway, as shown on that certain Parcel Map, Recorded in Book 325 of Maps, at Page 12, Santa Clara County Records; Thence Easterly along the centerline of Vallco Parkway as shown on said Parcel Map, N. 88 deg. 54' 46" E. 314.06 feet; Thence at right angles S. 1 deg. 05' 14" E., 55.00 feet to the true point of beginning. Thence N. 1 deg. 05' 14" W. 110.00 feet. The Northerly terminus being the Northerly right-of-way line of Vallco Parkway and the Southerly terminus being the Southerly right-of-way line of Vallco Parkway. Parcel XIV Portion of that parcel of land also known as the Sears Tract, said parcel as described in Book 8073 of Official Records, at Page 372, in the Office of the Recorder of the County of Santa Clara, State of California and as described in the Memorandum of Ground Lease Recorded September 27, 1988 in Book K695 Page 277, Official Records, being more particularly described as follows: Commencing at the intersection of the monument line of Vallco Parkway and the monument line of Wolfe Road as shown on that certain Parcel Map filed in Book 325 of Maps, at Page 12, in the Office of the Recorder of the County of Santa Clara, State of California; Thence Westerly from the point of beginning, along the Westerly prolongation of the monument line of said Vallco Parkway, South 88 deg. 54' 46" West for a distance of 54.00 feet to the Northeast corner of that certain parcel of land known as the Sears Tract as said parcel of land is described in Book 8073 of Official Records, at Page 372 in the Office of the Recorder of the County of Santa Clara, State of California being also the Northeast corner of that certain Grant of Easement for Public Street Purposes as filed in Book B366 of Official Records, at Page 393 in the Office of the Recorder of the County of Santa Clara, State of California. Thence Westerly, continuing along the said Westerly prolongation of the monument line of Vallco Parkway and along the North line of said Grant of Easement for Public Street Purposes, South 88 deg. 54' 46" West for a distance of 20.03 feet to a point that is the Northwest corner of said Grant of Easement, said point also being the true point of beginning for this description; Thence continuing Westerly from the true point of beginning, South 88 deg. 54' 46" West for a distance of 764.08 feet to a point, said point being distant North 88 deg. 54' 46" East a distance of 63.00 feet from the Northwest corner of said Sears Tract; Thence Southerly along a line that is 63.00 feet Easterly and parallel with the line common to Tract No. 2086 as shown on the Map filed in Book 112 of Maps, at Pages 40 and 41 in the Office of the Recorder of County of Santa Clara, State of California and the Westerly line of said Sears Tract, South 0 deg. 42' 30" East for a distance of 243.45 feet; Thence, Easterly, North 89 deg. 35' 34" East for a distance of 774.17 feet to a point on the Westerly line of the aforesaid grant of easement for Public Street Purposes; Thence Northerly, along the said Westerly line of the Grant of Easement for Public Street Purposes, North 2 deg. 59' 50" West for a distance of 252.77 feet to the True Point of Beginning. Excepting therefrom an easement in favor of Sears Roebuck & Company ("Lessor") to continue in existence and to maintain the roof overhang protruding from lessor's adjacent store building into and over the subject. Including the exclusive easement for improvements on the subject premises to abut against and be CLTA Prtli..nm Report Porn (111171N) EXHIBIT "A" (continued) Tltle No. 06-98201367-B-IN Locate No. CACTI7743-7743-2982-00 67 appropriately affixed to improvements on Lessor's land adjacent to the subject premises. �� Parcel XVI: An easement to construct, maintain, use and operate an automobile parking structure for automobile and other vehicle parking, and rights of access, ingress and egress for automobiles and other vehicles and for pedestrians and for utilities, landscaping and incidental uses on the following described land: All that certain parcel of land, being a portion of Parcel IA of the sublease between Vallco Fashion Park Venture and Federated Department Stores, Inc., Recorded March 7, 1975 in Book B308 at Page 565 through 571, Santa Clara County Records, State of California and more particularly described as follows: Beginning at the Southeast comer of Tract 2086 as shown on that certain Map Recorded in Book 112 of Maps, at Pages 40 and 41, Santa Clara County Records; (1) thence Northwesterly along the Easterly line of said Tract North 0 deg. 43' West 742.60 feet to a point, said point being the southwest corner of the aforementioned Parcel IA; (2) thence Northeasterly leaving said Easterly line of said Tract, along the Southerly boundary of the aforementioned Parcel IA North 88 deg. 54' 46" East 69.00 feet to the True Point of Beginning; (3) thence continuing along said Southerly line of Parcel IA South 88 deg. 54' 46" East 230.55 feet; (4) thence North 1 deg. 05' 14" West 83.48 feet; (5) thence North 28 deg. 54' 46" East 12.77 feet; (6) thence Southwesterly, leaving the boundary line of the aforementioned Parcel IA, South 88 deg. 54' 46" West 263.31 feet; (7) thence South 0 deg. 42' 30" East 94.54 feet to the Point of Beginning. 10 CLTA Preliminary Report Form (11/17104) F Title No. 06-98201367-B-JN Locate No. CACn7743-7743-2982-0098201367 AT THE DATE HEREOF, ITEMS TO BE CONSIDERED AND EXCEPTIONS TO COVERAGE IN ADDEWffBIT B TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN SAID POLICY FORM WOULD BE AS FOLLOWS: 1. Property taxes, which are a lien not yet due and payable, including any assessments collected with taxes to be levied for the fiscal year 2006-2007. 2. The herein described property lies within the boundaries of a Mello -Roos Community Facilities District ("CFD"), as follows: CFD No.: 2005-1 For: Santa Clara County Library District Disclosed By: Notice of Special Tax Lien Recorded: June 24, 2005, Instrument No. 18438576, of Official Records This property, along with all other parcels in the CFD, is liable for an annual special tax. This special tax is included with and payable with the general property taxes of the County of Santa Clara. The tax may not be prepaid. 3. 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. 4. The fad that the ownership of said land does not include rights of access to or from the street, highway, or freeway abutting said land, such rights having been relinquished by the document, Recorded: February 1, 1963, Book 5889, Page 328, of Official Records Affects: Access to the Junipero Serra Freeway 5. The fad that the ownership of said land does not include rights of access to or from the street, highway, or freeway abutting said land, such rights having been relinquished by the document, Recorded: October 17, 1963, Book 6236, Page 8, of Official Records Affects: Access to the Junipero Serra Freeway 6. The fad that the ownership of said land does not include rights of access to or from the street, highway, or freeway abutting said land, such rights having been relinquished by the document, Recorded: January 30, 1964, Book 6367, Page 137, of Official Records Affects: Access to the Junipero Serra Freeway 7. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document. Granted to: City of Cupertino Purpose: Public Utilities Recorded: December 10, 1964, Book 6774, Page 471, of Official Records Affects: A portion of Parcels V-D and VI 11 QTq 7rehminary Report Form (l t/17l04) ITEMS: (continued) Tide No. 06-98201367-B-1N Locate No, CACn7743-7743-2982-0098201367 S. Easement(s) for the purpose(s) shown below and rights incidental thereto as granteEid[aH TBIT B document. �111 Granted to: City of Cupertino Purpose: Public Utilities Recorded: December 7, 1966, Book 7582, Page 612, of Official Records Affects: Strip of land 12 feet wide located on portion of Parcel V-D and 1.00 foot portion of Parcel III 9. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document. Granted to: City of Cupertino Purpose: Public Utilities Recorded: December 7, 1966, Book 7582, Page 613, of Official Records Affects: Strip of land located on portion of Parcels I -A, I-C(1), V-A and V-D A portion of said easement was vacated by a Resolution No. 3888, by the City of Cupertino, recorded April 11, 1975 in Book B358 Page 172, Official Records. 10. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document. Granted to: Pacific Gas and Electric Company, a California corporation Purpose: Underground and aboveground facilities and appurtenances thereto Recorded: March 1, 1973, Book 0259, Page 406, of Official Records Affects: A strip of land 10 feet wide located on portion of Parcel V-D 11. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document. Granted to: Pacific Gas and Electric Company and The Pacific Telephone and Telegraph Company Purpose: Underground and aboveground facilities and appurtenances thereto Recorded: January 28, 1974, Book 0741, Page 89, of Official Records Affects: The Northerly 7.00 feet of Parcels III and XII 12. Matters contained in that certain document entitled "(not disclosed)' dated October 8, 1974, executed by and between City of Cupertino and Vallco Park Ltd., A California Limited Partnership recorded October 17, 1974, Book B135, Page 370, of Official Records, which document, among other things, contains or provides for: Perpetual and exclusive easements as described in said instrument. Reference is hereby made to said document for full particulars. 12 QTA Prel..n ry Report Foos (11117104) ITEMS: (continued) Title No. 06-98201367-B-JN Locate No. CACTI7743-7743-2982-00986r OIIBITBSupplement to Agreement, dated August 5, 1975 and executed by the parties shown above, recorded August 20, 1975 in Book B571 Page 724, Official Records. Second Amendment to Agreement, dated March 1, 1976 and executed by the parties shown above, recorded September 14, 1976 in Book C280 Page 236, Official Records. Third Amendment to Agreement, dated October 7, 1991 and executed by the parties shown above, recorded July 24, 1992 in Book M297 Page 1860, Official Records. An Assignment and Assumption of Development Agreement and Easement Executed By: Westland Properties Inc., a Delaware corporation, and Westland Shopping Center L.P., a California Limited Partnership In favor of: Vallco L.L.C., a Delaware limited liability company and Vallco Land L.L.C., a Delaware limited liability company Recorded: April 27, 1995 in Book N833 at Page 516 Official Records 13. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein as disclosed by the document Entitled: Attornment Agreement Lessor: Vallco Park, LTD., a California limited partnership Lessee: Vallco Fashion Park Venture, a California partnership Recorded: March 7, 1975, Instrument No. 4960090, Book B308, Page 572, of Official Records Affects: Parcels I-C(1), I -A, a portion of Parcel I-C(2) and other property 14. An unrecorded sublease with certain terms, covenants, conditions and provisions set forth therein as disclosed by the document Entitled: Memorandum of Sub -Lease Sublessor: Vallco Fashion Park Venture, a California Partnership Sublessee: Federated Department Stores, Inc., a Delaware Corporation Recorded: March 7, 1975, Book 6308, Page 565, of Official Records Affects: Parcels 1 - C (2) and 1-A 13 CLTA Rehminary Report Form (11/ V/64) ITEMS: (continued) Title No. 06-98201367-B-IN Locate No. CACT17743-7743-2982-0098201367 Second Amendment to Ground Sublease and to Memorandum of Sublease EXHIBIT R Executed By: Vallco Fashion Park Venture, A Partnership and Federated Department Stores, Inc. Dated: February 19, 1975 Recorded: September 14, 1976 in Book C280 at Page 264 Official Records Assignment and Assumption Agreement Executed By: Federated Department Stores, Inc., a California Corporation To: Carter Hawley Hale Stores, Inc., a California Corporation Dated: February 15, 1984 Recorded: February 16, 1984 in Book I309 at Page 741 Official Records Assignment of Lease Executed by: Carter Hawley Hale Stores, Inc., a California Corporation To: Carter Hawley Hale Stores, Inc., a Delaware corporation Dated: July 26, 1984 Recorded: September 4, 1984 in Book 1850 at Page 4 Official Records Amendment to Ground Sublease Executed By: Carter Hawley Hale Stores, Inc. and Vallco Fashion Park Venture, A California Partnership Dated: February 22, 1985 Recorded: March 1, 1985 in Book 3283 at Page 149 Official Records Attornment Amendment Executed By: Westland Properties, Inc., a Delaware Corporation and Carter Hawley Hale Stores, Inc., a Delaware Corporation Dated: August 26, 1987 Recorded: August 28, 1987 in Book K276 at Page 839 Official Records The present ownership of the leasehold created by said lease and other matters affecting the interest of the lessee are not shown herein. Assignment of the lessee's interest under said lease, Assignor: Broadway Stores, Inc., a Delaware Corporation (formerly named Carter Hawley Hale Stores, Inc.), successor by various mesne mergers to Carter Hawley Hale Stores, Inc., a California Corporation, Broadway -Hale Stores, Inc., The Emporium Capwell Company and Broadway Department Stores, Inc. Assignee: Federated Western Properties, Inc., an Ohio corporation Recorded: February 19, 1999, Instrument No. 14661411, of Official Records 14 CLTA prelminary Report Form (11/17/D4) ITEMS: (continued) Title No. 06-98201367-B-JN Locate No. CACT17743-7743-2982-0098201367 15. Rights of all parties to the following agreements, other that Vallco Fashion Park Venture, V�IBIT B Ltd. and Vallco Center, Inc. and their respective successors and assigns under Construction Operation 1 and Reciprocal Easement Agreement (1) Second Amendment to a Restatement of Construction, Operation and Reciprocal Easement Agreement between Vallco Fashion Park Venture, Federated Department Stores, Inc., Sears, Roebuck and Co., and J. C. Penney Properties, Inc., dated as to the 1st Day of December, 1975 recorded September 14, 1976, Book C280 Official Records, Page 296 in said Official Records as amended by Third Amendment to Reciprocal Easement Agreement dated September 14, 1976 recorded June 24, 1977 File No. 5698586; (2) the unrecorded Agreement dated as of the 19th Day of February, 1975, between Vallco Fashion Park Venture and Sears, Roebuck and Co., the unrecorded Agreement of the same dated between Vallco Fashion Park Venture and Federated Department Stores, Inc., and the unrecorded Agreement dated as of March 1, 1976 between Vallco Fashion Park Venture and J.C. Penney Properties, Inc., and (3) the Undated Agreement and Consent and Approval executed by Vallco Park, Ltd., Vallco Fashion Park Venture, Federated Department Stores, Inc. and Sears, Roebuck and Co. recorded in the aforesaid Official Records in Book B309, Page 001 as amended by a First Amendment to Agreement and Consent and Approval dated August 1, 1975, by and among the same parties recorded in the aforesaid Official Records in Book B591, Page 445 as further amended by another Agreement and Consent and Approval dated as of December 1, 1975, by and among Vallco Center, Inc., Vallco Park Ltd., Federated Department Stores, Inc., Sears, Roebuck and Co. and J. C. Penney Properties, Inc., recorded September 14, 1976 Book C280 Official Records, Page 484, as amended by Agreement and Consent and Approval dated September 14, 1976 recorded June 24, 1977 in Book C946 Page 001 and as amended by (4) Fourth Agreement to Construction, Operation and Reciprocal Easement Agreement between Vallco Fashion Park Venture, Federated Department Stores, Inc., Sears, Roebuck and Co., and J. C. Penney Properties, dated May 1, 1979, recorded October 15, 1980 In Book F656 Official Records, Page 203, and as amended by (5) Fifth Amendment to Construction, Operation and Reciprocal Easement Agreement between Vallco Fashion Park Venture, Federated Department Stores, Inc., Sears Roebuck and Co., and J. C. Penney Properties, dated February 16, 1984 in Book I310 of Official Records, Page 001; an Assignment and Assumption thereto, by and among Westland Shopping Center L.P., and Vallco L.L.C., recorded April 27, 1995 in Book N833, page G492 of Official Records. ASSIGNMENT AND ASSUMPTION OF REA Executed by: Teachers Insurance and Annuity Association of America, a New York Corporation and Vallco International Shopping Center, LLC, A California Limited Liability Company, The E&H Fifth Family L.P., A California Limited Partnership, Sun Valley Property, LLC, A California Limited Liability Company, Dung Pham, an individual, and East Gate Properties, LLC, A California Limited Liability Company Recorded: June 12, 2003 as Instrument No. 17106188 of Official Records 16. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document. Granted to: California Water Service Company Purpose: Pipe line and appurtenances thereto Recorded: March 13, 1975, Book B316, Page 711, of Official Records Affects: Portion of ParcelsI-A and I-C(1) A portion of said easement has been abandoned by that certain Abandonment of Easement Executed By: California Water Service Company Recorded: February 23, 2006 as Instrument No. 18817583 of Official Records Affects: As follows: 1s CLTA WeLmnary Report Form (11/ V/O) ITEMS: (continued) Title No. 06-98201367-B-3N Locate No. CACT17743-7743-2982-0098201367 Being all that real and certain property situated in the City of Cupertino, County of Santa ClaBIT B of California, being within that certain Parcel of Land described as Parcel One in the Deed recorded in Book 7898 of Official Records at Page 248,,Santa Clara County Records, being more particularly described as follows: Beginning at the true point of beginning of described centerline of easement described in that certain Deed to California Water Service Company recorded March 21, 1975 in Book B328 of Official Records at Page 575, Santa Clara County Records; Thence along said centerline South 880 54' 46" West 207.00 feet; Thence continuing along said centerline North 010 05' 14" West 165.00 feet; Thence leaving said described centerline along the Northerly prolongation of last described course North 010 05' 14" West 13.94 feet to a point lying 10,00 feet Northwesterly of and parallel with the course in said Deed described as "North 440 45' 46" East 151.33 feet". Thence along a line lying 10.00' Northwesterly of and parallel with last described course, North 440 45' 46" East 13.94 feet to a point lying 10.00 feet Easterly of and parallel with the Northerly prolongation of said course described as "North 010 05' 14" West 165.00 feet in said Deed, said point being the true point of beginning of this description; said point tying on the Easterly line of the 20.00 foot wide strip of land granted to California Water Service Company per that certain Deed recorded March 13, 1975, in Book 5316 of Official Records at Page 711, Santa Clara County Records. Thence along said Easterly line of 20.00 wide strip North 010 05' 14" West 190.44' to its terminus at the Southwesterly line of Interstate No. 280 Freeway; Thence along said Southwesterly line of Interstate No. 280 Freeway North 430 17' 47" West 29.77 feet to the Northerly terminus of said Westerly line of said 20.00 foot wide strip. Thence along the said Westerly line of said 20.00 foot wide strip South 010 05' 14" East 231.91 feet to a point lying 10.00 feet Northwesterly of a parallel with said course described as "North 440 45' 46" East 151.33 feet" per said Deed recorded in Book B328 of Official Records at Page 575. thence along a line lying 10.00 feet Northwesterly of and parallel with described courst North 440 45' 46" East 27.87 feet to the true point of beginning: Described lands containing 4,223 square feet, more or less 17. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document. Granted to: California Water Service Company Purpose: Pipe line and appurtenances Recorded: March 21, 1975, Book B328, Page 575, of Official Records Affects: Portion of Parcel I -A and I-C(1) 16 CLTA PreLminary Report ra,n (11/17104) ITEMS: (continued) Title No. 06-98201367-B-1N Locate No. CACIi7743-7743-2982-0098201367 18. Easement(s) for the purpose(s) shown below and rights incidental thereto as gran"WBIT B document. LLi��1 11 Granted to: California Water Service Company Purpose: Pipe line and appurtenances thereto Recorded: April 30, 1975, Book B385, Page 582, of Official Records Affects: Portion of Parcel I -A and I-C(1) By Quitclaim Deed recorded January 15, 1986 in Book J576, Page 518 of Official Records, a portion of the above easement has been eliminated. A portion of said easement has been abandoned by that certain Abandonment of Easement Executed By: California Water Service Company Recorded: February 23, 2006 as Instrument No. 18817587 of Official Records Affects: As follows: Being all that real and certain property situated in the City of Cupertino, County of Santa Clara, State of California, being within that certain Parcel of Land described as Parcel One in the Deed recorded in Book 7898 of Official Records at Page 248, Santa Clara County Records, being more particularly described as follows: Beginning at an angle point in the centerline of the easement described in that certain Deed to California Water Service Company recorded April 30, 1975 in Book B385 of Official Records at Page 582, Santa Clara County Records; said point being the Northerly terminus of the course described as "North 000 23' 05" West, 403.95 feet" and being the Westerly beginning of the course described as "North 890 46' 40" East 268.51 feet" in said Deed; Thence along the Northerly prolongation of first described course North 000 23' 05" West 10.00 feet to a point lying 10.00 feet Northerly of and parallel with said course described as "North 890 46' 40" East 268.51 feet" in said Deed: Thence along a line lying 10.00 feet Northerly of and parallel with last described course North 890 46' 40" East 42.11 feet to the true point of beginning Thence continuing along said line North 890 46' 40" East 191.14 feet; Thence South 530 34' 20" West 18.72 feet; Thence North 360 25' 40" West 11.29 feet; Thence South 880 54' 44" West 164.81 feet; Thence North 460 05' 16" West 6.37 feet to the true point of beginning; Described lands containing 663 square feet, more or less 17 0-TA lk hm,nry Report Po (111171N) ITEMS: (continued) Title No. 06-98201367-B-JN Locate No. CACT17743-7743-2982-0098201367 19. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document. Granted to: California Water Service Company EXHIBIT Purpose: Pipe line and appurtenances thereto B Recorded: June 2, 1975, Book B440, Page 668, of Official Records Affects: Parcel XI 20. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document. Granted to: Pacific Gas and Electric Company Purpose: Underground and aboveground facilities and appurtenances Recorded: June 11, 1975, Book 8456, Page 557, of Official Records Affects: Parcel XI 21. Matters contained in that certain document entitled "Encroachment Permit Granting Permission to construct the Perimeter Road Undercrossing" dated June 2, 1975, executed by and between City of Cupertino and Vallco Park, Ltd., A Limited Partnership recorded June 26, 1975, Book B484, Page 142, of Official Records. Reference is hereby made to said document for full particulars. Affects Parcel V-D Agreement for Re -Acquisition of Rights Executed By: City of Cupertino and Vallco Park, Ltd., A Limited Partnership Dated: August 13, 1975 Recorded: August 29, 1975 in Book B591 at Page 393 Official Records Agreement for Quitclaim and Release of Rights, Title and Interest Executed By: City of Cupertino and Vallco Park, Ltd., A Limited Partnership Recorded: December 9, 1976 in Book C464 at Page 469 Official Records 22. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document. Granted to: Cupertino Sanitary District of Santa Clara County Purpose: Pipe lines and appurtenances thereto Recorded: July 17, 1975, Book B509, Page 199, of Official Records Affects: Portion of Parcels I -A, I-C(1) and XI Encroachment rights over said easement were granted to Vallco Park, Ltd., and T.G.I. Friday's, Inc., by an indenture recorded September 26, 1977 in Book D164, Page 6. 18 QTA Prelmmary Report ITEMS: (continued) Title No. 06-98201367-B-1N Locate No. CACT17743-7743-2982-0098201367 23. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document. EX IB Granted to: The Pacific Telephone and Telegraph Company `A�Hll 1 T B Purpose: Underground and aboveground facilities and appurtenances thereto Recorded: July 25, 1975, Book B521, Page 653, of Official Records Affects: Portion of Parcels I -A and I-C(1) 24. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document. Granted to: City of Cupertino Purpose: Roadway purposes and all public utilities Recorded: July 29, 1975, Book B526, Page 74, of Official Records Affects: Portion of Parcel I-C(1) and VI 25. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document. Granted to: Cupertino Sanitary District of Santa Clara County Purpose: Pipe lines and appurtenances thereto Recorded: March 24, 1976, Book B933, Page 001, of Official Records Affects: Portion of Parcel VI 26. The fact that the ownership of said land does not include rights of access to or from the street, highway, or freeway abutting said land, such rights having been relinquished by the document, Recorded: October 15, 1976, Book C348, Page 714, of Official Records Affects: Access to Wolfe Road along the Westerly boundary of Parcel V-D 27. The fact that the ownership of said land does not include rights of access to or from the street, highway, or freeway abutting said land, such rights having been relinquished by the document, Recorded: October 15, 1976, Book C348, Page 723, of Official Records Affects: Access to Wolfe Road along the Easterly boundary of Parcel V-D and recorded: December 14, 1976, Book C473, Page 611, of Official Records 28. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein as disclosed by the document Entitled: Short Form Lease Lessor: Vallco Fashion Park Venture Lessee: Franchise Realty Interstate Corporation, an Illinois Corporation Recorded: December 18, 1976, Book C468, Page 207, of Official Records 19 QTA prebminary Report Form (11117104) ITEMS: (continued) 29. 30. 31. Title No. 06-98201367-B-JN Locate No. CACT17743-7743-2982-0098201367 The rights of the above lessee, as lessee only, which rights do not include any options to purchase or rights of first refusal to purchase all or any portion of the insured land. Non -Disturbance and Attornment Agreement EI HIBI T T �1 jl Executed By: Vallco Park Ltd., A California Limited Partnership, Vallco Fashion] 1 J/J1 Park Venture, A Partnership and Franchise Realty Dated: November 9, 1976 Recorded: December 10, 1976 in Book C468 at Page 218 Official Records Affects: A portion of Said Land (the exact location is not disclosed of record) Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document. Granted to: California Water Service Company Purpose: Pipe Line Recorded: August 16, 1977, Book D077, Page 508, of Official Records Affects: Portion of Parcel VI An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein as disclosed by the document Entitled: Memorandum of Lease Lessor: Vallco Fashion Park Venture Lessee: T G I Fridays, Inc. Recorded: March 2, 1978, Book D500, Page 145, of Official Records Affects: A portion of Parcel I-C(1) The rights of the above lessee, as lessee only, which rights do not include any options to purchase or rights of first refusal to purchase all or any portion of the insured land. The present ownership of the leasehold created by said lease and other matters affecting the interest of the lessee are not shown herein. A Landlord's Waiver and/or Consent In favor of: Behr Leasing and Financial Recorded: July 28, 1981 in Book G239 at Page 556 Official Records 20 QTA Prehmmary Report Form (111171M) ITEMS: (continued) Title No. 06-98201367-B-JN Locate No. CACT17743-7743-2982-0098201367 32. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document. Granted to: California Water Service Company Purpose: Pipe line E1 VT TTB *� Recorded: November 15, 1984, Book 1038, Page 739, of Official Records 1�1 1I Affects: Portion of Parcel I -A and I-C(1) 33. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document. Granted to: California Water Service Company Purpose: Pipe line Recorded: November 15, 1984, Book 1038, Page 743, of Official Records Affects: Portion of Parcel I -A and I-C(1) 34. Assignment and Consent to use of Development Rights Dated: January 21, 1986 By and Between: Vallco Park, Ltd., A California Limited Partnership; Will W. Lester and Hazel B. Lester, his wife; and Westland Projects, N.V., A Netherlands Antilles Corporation Recorded: January 21, 1986 in Book 1580 at Page 470 of Official Records Instrument No.: 8660783 Affects: Parcels III and XII and other property Assignment of Development Rights Executed By: Westland Projects, N.V., A Netherlands Antilles Corporation Dated: June 30, 1987 Recorded: July 30, 1987 in Book K207 at Page 1502 Official Records Instrument No.: 9334612 35. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document. Granted to: California Water Service Company, a California Corporation Purpose: Right of way for pipeline Recorded: July 27, 1987, Book K238, Page 1237, of Official Records Affects: A portion of Parcels I -A and I-C(1) 21 QTA Framinary Report ram (11/17104) ITEMS: (continued) Tide No. 06-98201367-B-1N Locate No. CACII7743-7743-2982-0098201367 36. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document. Granted to: California Water Service Company, a California Corporation Purpose: The purpose of constructing, laying, maintaining, operating, using, altering, repairing, inspecting, and relocating therein and thereupon and/or removing therefrom a main, or mains, pipeline or pipelines, with any and all connections and fixtures necessary or convenient thereto, for the transportation, distribution, sale and/or supply of water Recorded: December 7, 1987, Book K381, Page 1282, of Official Records Affects: Portion of Parcels I-C(1) and I -A EXHIBIT B 37. A Landlord's Waiver and/or Consent In favor of: Enterprise Leasing Recorded: August 10, 1988 in Book K635 at Page 2000 Official Records 38. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein as disclosed by the document Entitled: Memorandum of Ground Lease Lessor: Sears, Roebuck & Co. Lessee: Westland Shopping Center, L.P. Recorded: September 27, 1988, Book K695, Page 277, of Official Records Affects: Parcel XIV Among other things said lease provides for: the right of first refusal to puchase by the Lessee. Assignment of the lessee's interest under said lease, Assignor: Westland Shopping Center, L.P., A California Limited Partnership Assignee: Vallco L.L.C., a Delaware Limited Liability Company Recorded: April 27, 1995, Instrument No. 12873385, of Official Records The Lessee's Interest in said lease was assigned by Trustee's Deed Dated: December 3, 1997 Executed By: First American Title Insurance Company, a corporation, as Trustee To: Teachers Insurance and Annuity Association of America, a New York corporation Recorded: December 9, 1997 as Instrument No. 13969593, Official Records 22 CLTA Prehmmary Rewft Form (11/17ID4) ITEMS: (continued) Title No. 06-98201367-B-1N Locate No. CAM7743-7743-2982-0098201367 39. Rights of Sears, Roebuck & Co. under the Lease, affecting the premises herein stated, executed by and between the parties named herein, for the term and upon the terms, covenants and conditions therein provided Dated: August 26, 1988 Lessor: Sears, Roebuck & Co. Lessee: Westland Shopping Center L.P. Disclosed By: Memorandum of Ground Lease Term: As provided for therein Recorded: September 27, 1988 in Book K695 at Page 277 of Official Records tTFTtP 1 1 7rr� Instrument No.: 9849522 E�j Affects : Parcel XIV 40. Any facts, rights, interests, or claims which may exist or arise by reason of the following facts disclosed by survey, Job No. 68-203, dated October 25, 1988 prepared by Harrison, Teasley & Associates, Inc.: (A) The fact that the Sears Store Building encroaches onto Parcel XIV of Schedule A by 0.09' at the Northwesterly corner and by 0.01' at the Northeasterly corner of said building. (B) The fact that a sound wall located at the Southwesterly portion of Parcel I -A encroaches onto the adjoining property lying to the North. (C) The fact that there exist a City Storm Easement over a portion of Parcel VI herein described. 41. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein as disclosed by the document Entitled: Statement of Commencement of Lease Term Lessor: Westland Shopping Center, L.P. Lessee: Burger King Corporation Recorded: April 14, 1989, Book K914, Page 1244, of Official Records Affects: Parcels I -A, I-C(1), II -A and III as shown on said document 42. Matters contained in that certain document entitled "Development Agreement" dated August 15, 1991, executed by and between Westland Properties, Inc., a Delaware Corporation and Westland Shopping Center, L.P., A California Limited Partnership and the City of Cupertino, A Municipal Corporation recorded July 24, 1992, Book M297, Page 1979, of Official Records. Reference is hereby made to said document for full particulars. 23 QTA Preliminary Repro[ Porm (11/17104) ITEMS: (continued) Tide No. 06-98201367-13-314 Locate No. CACT17743-7743-2982-0098201367 An Assignment of Assignment and Assumption of Development Agreement and Easement Agreement By: Westland Properties Inc., a Delaware corporation, and Westland Shopping Center L.P., a California Limited Partnership In favor of: Vallco L.L.C., a Delaware limited liability company and Vallco Land L.L.C., a Delaware limited liability company EXHIB Recorded: April 27, 1995 in Book N833 at Page 516 Official Records TTB Fourth Amendment to Development Agreement by and between the City of Cupertino and Vallco International Shopping Center, LLC (Successors -in -Interest) Recorded: February 9, 2006 as Instrument No. 18802177 of Official Records Fifth Amendment to Development Agreement by and between the City of Cupertino and Vallco International Shopping Center, LLC (Successors -in -Interest) Recorded February 9, 2006 as Instrument No. 18802176 of Official Records 43. A lease with certain terms, covenants, conditions and provisions set forth therein. Lessor: Westland Shopping Center L.P. Lessee: Ross Stores, Inc., a Delaware Corporation Recorded: November 24, 1992, Book M506, Page 1520, of Official Records Among other things said lease provides for: three (3) additional periods of five (5) years each. The present ownership of the leasehold created by said lease and other matters affecting the interest of the lessee are not shown herein. An Agreement of Subordination, Non -Disturbance and Attornment Dated: September 21, 1992 Executed By: BFV/Loan Partners, an Illinois General Partnership, Westland Shopping Center L.P., a California limited partnership, and Ross Stores, Inc., a Delaware corporation Recorded: December 3, 1992 in Book M521 at Page 0433 of Official Records An Agreement of Subordination, Non -Disturbance and Attornment Dated: August 26, 1992 Executed By: Westland Properties, a Delaware corporation, Westland Shopping Center L.P., a California limited partnership, and Ross Stores, Inc., a Delaware corporation, and Teachers Insurance and Annuity Association of America, a New York corporation Recorded: December 3, 1992 in Book M521 at Page 0451 of Official Records 24 CLTA p ehminary Report Farm (11/17/Pt) ITEMS: (continued) Tide No. 06-98201367-B-IN Locate No. CACT17743-7743-2982-0098201367 44. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein as disclosed by the document Entitled: Memorandum of Ground Lease Lessor: Teachers Insurance and Annuity Association of America, a New York corporation Lessee: JG Cupertino LLC, an Ohio limited liability company Recorded: October 22, 1998, Instrument No. 14459201, of Official Records EXHIBIT B Affects: Parcels I -A, I-C(1), II -A, III, VI, VII, VIII, IX, X, and XII The interest of the Lessee was transferred in Teachers Insurance and Annuity Association of America by virtue of that certain Trustee's Deed filed for record on February 14, 2003 as Instrument No. 16821970, Official Records of the County of Santa Clara. Assignment of Ground Lessor's and Ground Lessee's interest under said lease Assignor: Teachers Insurance and Annuity Association of America, a New York corporation Assignee: Vallco International Shopping Center, LLC, A California Limited Liability Company, The E&H Fifth Family L.P., A California Limited Partnership, Sun Valley Property, LLC, A California Limited Liability Company, Dung Pham, an individual, and East Gate Properties, LLC, A California Limited Liability Company, as tenants in common Recorded: June 12, 2003 as Instrument No. 17106186, Official Records 45. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein as disclosed by the document Entitled: Memorandum of Lease Agreement Lessor: Teachers Insurance and Annuity Association of America, a New York corporation Lessee: JG Cupertino, LLC, an Ohio limited liability company Recorded: October 2, 1998, Instrument No. 14459201, of Official Records Affects: Parcel XIV The interest of the Lessee was transferred to Teachers Insurance and Annuity Association of America by virtue of that certain Trustee's Deed filed for record on February 14, 2003 as Instrument No. 16821970, Official Records of the County of Santa Clara. 25 QUA Preliminary Report Firm (11/17/04) ITEMS: (continued) Assignment of the lessee's interest under said lease, Title No. 06-98201367-D-JN Locate No. CACn7743-7743-2982-0098201367 EXHIBIT B Assignor: Teachers Insurance and Annuity Association of America, a New York corporation Assignee: Vallco International Shopping Center, LLC, A California Limited Liability Company, The E&H Fifth Family L.P., A California Limited Partnership, Sun Valley Property, LLC, A California Limited Liability Company, Dung Pham, an individual, and East Gate Properties, LLC, A California Limited Liability Company, as tenants in common Recorded: June 12, 2003, Instrument No. 17106184, of Official Records 46. An estate on limitation in the buildings and improvements located in, on and under said Parcels I -A, I- C(1), I-C(2), II -A, III, VI, VII, VIII, IX, X and XII, granted to JG Cupertino LLC, an Ohio limited liability company, pursuant to that certain Grant Deed dated October 22, 1998, executed by Teachers Insurance and Annuity Association of America, a New York corporation, in favor of JG Cupertino LLC, an Ohio limited liability company, recorded October 22, 1998 as Instrument No. 14459202, Official Records of Santa Clara County. The interest of JG Cupertino LLC, an Ohio limited liability company, is now vested in Teachers Insurance and Annuity Association of America, a New York corporation by virtue of that certain Trustee's Deed filed for record on February 14, 2003 as Instrument No. 16821970, Official Records of the County of Santa Clara. The intent of Teachers Insurance and Annuity Association of America regarding the estate on limitation as created by the above referenced Grant Deed is unclear of record. Assignment of the lessee's interest under said lease, Assignor: Teachers Insurance and Annuity Association of America, a New York corporation Assignee: Vallco International Shopping Center, LLC, A California Limited Liability Company, The E&H Fifth Family L.P., A California Limited Partnership, Sun Valley Property, LLC, A California Limited Liability Company, Dung Pham, an individual, and East Gate Properties, LLC, A California Limited Liability Company, as tenants in common Recorded: June 12, 2003, Instrument No. 17106184, of Official Records 47. Matters contained in that certain document entitled "Subordination, Non -Disturbance and Attornment Agreement" dated August 8, 2002, executed by and between Teachers Insurance and Annuity Association of America, a New York corporation, and Sprint Spectrum, L.P., a Delaware limited partnership recorded September 24, 2002, Instrument No. 16496306, of Official Records. Reference is hereby made to said document for full particulars. 48. Matters contained in that certain document entitled "Subordination, Non -Disturbance and Attomment Agreement" dated August 8, 2002, executed by and between Teachers Insurance and Annuity Association of America, a New York corporation and Sprint Spectrum, L.P., a Delaware limited partnership recorded September 24, 2002, Instrument No. 16496307, of Official Records. Reference is hereby made to said document for full particulars. 26 CLTA prelmnary Report r . (11/171N) ITEMS: (continued) Title No. 06-98201367-B-JN Locate No. CACT17743-7743-2982-0098201367 49. A deed of trust to secure an indebtedness in the amount shown below, and any other obligations secured thereby Amount: $42,000,000.00 ted: austor: June OInOrO Tr Vallco International Shopping Center, LLC, A California Limited LEWBIT B Company; The E&H Fifth Family L.P., A California Limited Partnership; East Gate Properties, LLC, A California Limited Liability Company; Sun Valley Property, LLC., A California Limited Liability Company, and Dung Pham Trustee: U.F. Service corporation Beneficiary: United Commercial Bank, a California Banking Corporation Loan No.: 201-001130-0 Recorded: June 12, 2003, Instrument No. 17106189, of Official Records Affects: The herein described land and other land. 50. A financing statement filed in the Office of the County Recorder, showing Debtor: Vallco International Shopping Center, LLC, et al Secured Party: United Commercial Bank Date: None Shown Recorded: June 12, 2003, Instrument No. 17106190, of Official Records 51, An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein as disclosed by the document Entitled: Memorandum of Lease Lessor: Vallco International Shopping Center, LLC, a California limited liaiblity company Lessee: American Mufti -Cinema, Inc., a Missouri corporation Recorded: July 6, 2005, Instrument No. 18454076, of Official Records An agreement (and the provisions contained therein) which states that said lease is subordinate to the Deed of Trust Recorded: June 12, 2003, Instrument No. 17106189, of Official Records By document Recorded: September 20, 2005, Instrument No. 18585335, of Official Records 27 CLTA 7rdimin NRemn Po,m(11/17104) ITEMS: (continued) Title No. 06-98201367-B-IN Locate No. CACT17743-7743-2982-0098201367 52. Matters contained in that certain document entitled "Lot Line Adjustment" dated November 17, 2005, executed by City of Cupertino recorded November 18, 2005, Instrument No. 18684096, of Official Records, which document, among other things, contains or provides for: 'This lot line adjustment shall be totally null and void without further act of the City of Cupertino, in the event that the change in title interest of ownership (including lien holder interest) is not recorded by Grant Deeds within twelve (12) months from the approved date and/or in the event that any change in title interest of ownership (including lien holder interest) from the specified on the preliminary title report designated Wand attached hereto, occurs prior to the recordation of the grant deed conveying the rea �IBIT B in conformity to Exhibit 'A"'. Reference is hereby made to said document for full particulars. 53. A deed of trust to secure an indebtedness in the amount shown below, and any other obligations secured thereby Amount: $15,000,000.00 Dated: December 15, 2005 Trustor: Vallco International Shopping Center, LLC, A California Limited Liability Company Trustee: U.F. Service Corporation Beneficiary: United Commercial Bank Loan No.: 201-001958-0 Recorded: December 20, 2005, Instrument No. 18733003, of Official Records Affects: The herein described land and other land. 54. Any claims for Mechanic's Liens that may be recorded against Said Land by reason of a recent workof improvement. 55. A financing statement filed in the Office of the County Recorder, showing Debtor: Vallco International Shopping Center, LLC Secured Party: United Commercial Bank Date: None Shown Recorded: December 23, 2005, Instrument No. 18742828, of Official Records 56. A deed of trust to secure an indebtedness in the amount shown below, and any other obligations secured thereby Amount: $10,000,000.00 Dated: December 28, 2005 Trustor: Vallco International Shopping Center, LLC, A California Limited Liability Company Trustee: U. F. Service Corporation Beneficiary: United Commercial Bank Loan No.: 201 - 001972 - 0 Recorded: December 30, 2005, Instrument No. 18751186, of Official Records 28 aTA Prdimmary Report Form (11/17/04) ITEMS: (continued) 57. 58. 59. 60. fill Affects: Tltie No. 06-98201367-B-JN Locate No. CACT17743-7743-2982-0098201367 The herein described land and other land. Amendment to said deed of trust for a credit limit increase Executed by: Vallco International Shopping Center, LLC, A California LimitMIBIT B Company and United Commercial Bank Recorded: March 24, 2006, Instrument No. 18857866, of Official Records New Principal Amount: $22,000,000.00 An assignment of all the moneys due, or to become due, as rental, as additional security for the obligations secured by deed of trust shown as item no. 96. Assigned to: United Commercial Bank by Assignment Recorded: December 30, 2005, Instrument No. 18751187, of Official Records An Agreement, affecting said land, for the purposes, stated herein, upon the terms, covenants and conditions referred to therein, between the parties named herein For: Hazardous Substances Certificate and Indemnity Agreement Dated: December 28, 2005 Executed By: Vallco International Shopping Center, LLC and United Commercial Bank, Commercial Banking Division Recorded: January 4, 2006 as Instrument No. 18754582 of Official Records A financing statement filed in the Office of the County Recorder, showing Debtor: Vallco International Shopping Center, LLC Secured Party: United Commercial Bank Date: None Shown Recorded: January 5, 2006, Instrument No. 18758233, of Official Records Any facts, rights, interests, or claims which may exist or arise by reason of the following facts disclosed by survey, Job No. UNC60001, dated May 3, 2006 prepared by David Evans and Associates Inc.: The fad that a sign encroaches onto Wolfe Road. Any rights of the parties in possession of a portion of, or all of, said land, which rights are not disclosed by the public record. This Company will require, for review, a full and complete copy of any unrecorded agreement, contract, license and/or lease, together with all supplements, assignments and amendments thereto, before issuing any policy of title insurance without excepting this item from coverage. The Company reserves the right to except additional items and/or make additional requirements after reviewing said documents. 29 CLTA Prelamnary Report Fo, (11/17/04) ITEMS: (continued) Tide No. 06-98201367-0-JN Locate No. CACT17743-7743-2982-0098201367 62. Any easements not disclosed by those public records which impart constructive notice as to matters affecting title to real property and which are not visible and apparent from an inspection of the surface of said land. 63. Any facts, rights, interests or claims which a correct survey would disclose and which are not disclosed by the public records. 64. Before issuing its policy of title insurance, this Company will require for review, the following documents from the Limited Liability Company named below. Limited Liability Company: Vallco International Shopping Center, LLC (a) A copy of its operating agreement and any and all amendments, supplements and/or modifications thereto, certified by the appropriate manager or member. (b) Confirmation that its Articles of Organization (1-1-C-1), and Certificate of Amendment (LLC-2), any restated Articles of Organization (LLC-10) and/or Certificate of Correction (LLC-11) have been filed with the Secretary of State. (c) If the Limited Liability Company is member -managed a full and complete current list of members certified by the appropriate manager or member. (d) If the Limited Liability Company was formed in a foreign jurisdiction, evidence satisfactory to the Company, that it was validly formed, is in good standing and authorized to do business in the state of origin. (e) If the Limited Liability Company was formed in a foreign jurisdiction, evidence satisfactory to the Company, that it has complied with California "doing business" laws, if applicable. After review of the requested documents, the Company reserves the right to add additional items or make additional requirements prior to the issuance of any policy of title insurance. 65. The effect of any failure to comply with the terms, covenants, conditions and provisions of the lease described or referred to in Schedule A. 66. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by making inquiry of the lessors and their successors in interest, in the lease described or referred to in Schedule A. 67. Failure to comply (and the consequences of failure to comply) with Chapter 1158, 1988 Stats (Health and Safety Code Section 25359.7, as amended) relating to duty of lessee to notify lessor in writing of any release (or potential release) of a hazardous substance on or beneath the leased real property. END OF ITEMS 30 CLTA Preliminary Report Form (11/17104) Title No. 06-98201367-B-JN Locate No. CACT17743-7743-2982-0098201367 Note 1. Your application for title insurance was placed by reference to a street address only. Based on our records, we believe that the description in this report covers the parcel that you requested. To prevent errors and to be certain that the proper parcel of land will appear on the RTrT T and on the policy of title insurance, we require written approval of the legal description i B 11 . J1 report be sent to this Company, signed by the parties to the transaction. Note 2. The only deeds affecting said land, which recorded within twenty-four (24) months of the date of this report, as are follows: Grantor: The E & H Fifth Family L.P., California Limited partnership, Sun Valley Property, LLC, A California Limited Liability Company, Dung Pham, An Unmarried Man and East Gate Properties, LLC, A California Limited Liability Company Grantee: Vallco International Shopping Center, LLC, A California Limited Liability Company Recorded: April 19, 2005, Instrument No. 18331566, of Official Records Note 3. The Company is not aware of any matters which would cause it to decline to attach the CLTA Endorsement Form 116 indicating that there is located on said land A Commercial Building known as 10101,10123,10150,10330,10333,10343 N. Wolfe Rd., Cupertino, California to an Extended Coverage Loan Policy. Note 4. Effective March 1, 1979, there will be an additional $10.00 fee for recording a deed with a legal description other than an entire lot in a recorded final map. If there are any questions, please call your escrow officer or title officer. 31 CLTA Relwnary Report Fan (n/ V(o9) NOTES: (continued) Title No. 06-98201367-3-JN Locate No. CACT17743-7743-2982-0098201367 Note S. If a 1970 ALTA Owner's or Lender's or 1975 ALTA Leasehold Owner's or Lender's poli �l! been requested, the policy, when approved for issuance, will be endorsed to add the %T T the Exclusions From Coverage contained therein: 11 I{ Jl Loan Policy Exclusion: Any claim, which arises out of the transaction creating the interest of the mortgage insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or (iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (a)to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. Owners Policy Exclusion: Any claim, which arises out of the transaction vesting in the insured, the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the estate or interest by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a)to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. Note 6. Property taxes for the fiscal year shown below are PAID. For proration purposes the amounts are: Tax Identification No.: 316 20 037 Fiscal Year: 2005 - 2006 1st Installment: $57,755.16 2nd Installment: $57,755.16 Note 7. Supplemental assessment for 2005-2006 Bill No.: 316 20 037 E4 1st Installment: $ None Shown 2nd Installment: $52,080.55 Paid 32 QTA Rehminary Report Form (11117/04) NOTES: (continued) Note 8. Supplemental assessment for 2005-2006 Bill No.: 316 20 037 21 1st Installment: $25,349.62 Paid 2nd Installment: $25,349.62 Paid Title No. 06.98201367-B-JN Locate No. CACn7743-7743-2982-0098201367 EXfIIBIT B Note 9. Property taxes for the fiscal year shown below are PAID. For proration purposes the amounts are: Tax Identification No.: 316 20 038 Fiscal Year: 2005 - 2006 1st Installment: $19,240.52 2nd Installment: $19,240.52 Note 10. Supplemental assessment for 2005-2006 Bill No.: 316 20 038 E4 1st Installment: $ None Shown 2nd Installment: $17,271.50 Paid Note 11. Supplemental assessment for 2005-2006 Bill No.: 316 20 038 21 1st Installment: $8,406.71 Paid 2nd Installment: $8,406.71 Paid Note 12. Property taxes for the fiscal year shown below are PAID. For proration purposes the amounts are: Tax Identification No.: 316 20 043 Fiscal Year: 2005 - 2006 1st Installment: $1,128.50 2nd Installment: $1,128.50 Note 13. Property taxes for the fiscal year shown below are PAID. For proration purposes the amounts are: Tax Identification No.: 316 20 052 Fiscal Year: 2005 - 2006 1st Installment: $9,848.12 2nd Installment: $9,848.12 Note 14. Property taxes for the fiscal year shown below are PAID. For proration purposes the amounts are: Tax Identification No.: 316 20 055 Fiscal Year: 2005 - 2006 1st Installment: $17,288.56 2nd Installment: $17,288.56 33 QTA P ehminary Report Pom (11/17/N) NOTES: (continued) Title No. 06-98201367-B-IN Locate No. CACT17743-7743-Z982-0098201367 Note 15. Property taxes for the fiscal year shown below are PAID. For proration purposes the amounts are: Tax Identification No.: 316 20 063 Fiscal Year: 2005 - 2006 1st Installment: $83,365.71 2nd Installment: $83,365.71 EXHIBIT 1 Note 16. Supplemental assessment for 2005-2006 Bill No.: 316 20 063 E4 1st Installment: $ None Shown 2nd Installment: $8,168.75 Paid Note 17. Supplemental assessment for 2005-2006 Bill No.: 316 20 063 21 1st Installment: $3,976.04 Paid 2nd Installment: $3,976.04 Paid Note 18. Property taxes for the fiscal year shown below are PAID. For proration purposes the amounts are: Tax Identification No.: 316 20 064 Fiscal Year: 2005 - 2006 1st Installment: $83,859.24 2nd Installment: $83,859.24 Note 19. Supplemental assessment for 2005-2006 Bill No.: 316 20 064 E4 1st Installment: $ None Shown 2nd Installment: $7,171.36 Paid Note 20. Supplemental assessment for 2005-2006 Bill No.: 316 20 064 21 1st Installment: $3,490.58 Paid 2nd Installment: $3,490.58 Paid Note 21. Property taxes for the fiscal year shown below are PAID. For proration purposes the amounts are: Tax Identification No.: 316 20 065 Fiscal Year: 2005 -2006 1st Installment: $950.21 2nd Installment: $950.21 34 QTA Gmhmm , 0. MM Fam (111 V1N) NOTES: (continued) Note 22. Supplemental assessment for 2005-2006 Bill No.: 316 20 065 E4 1st Installment: $ 2nd Installment: $451.21 Paid Note 23. Supplemental assessment for 2005-2006 Bill No.: 316 20 065 021 1st Installment: $219.62 Paid 2nd Installment: $219.62 Paid Title No. 06-98201367-B-JN Locate No. CACT17743-7743-2982-0098201367 E) HIBIrI' b Note 24. Property taxes for the fiscal year shown below are PAID. For proration purposes the amounts are: Tax Identification No.: 316 20 066 Fiscal Year: 2005 - 2006 1st Installment: $16,644.38 2nd Installment: $16,644.38 Note 25. Supplemental assessment for 2005-2006 Bill No.: 316 20 066 E4 1st Installment: $ None Shown 2nd Installment: $1,102.66 Paid i Note 26. Supplemental assessment for 2005-2006 Bill No.: 316 20 066 21 1st Installment: $536.71 Paid 2nd Installment: $536.71 Paid Note 27. Property taxes for the fiscal year shown below are PAID. For proration purposes the amounts are: Tax Identification No.: 316 20 067 Fiscal Year: 2005- 2006 1st Installment: $159,283.88 2nd Installment: $159,283.88 Note 28. Property taxes for the fiscal year shown below are PAID. For proration purposes the amounts are: Tax Identification No.: 316 20 081 Fiscal Year: 2005 - 2006 1st Installment: $64,168.49 2nd Installment: $64,168.49 35 QTA Preliminary Report Form (11/ V/04) NOTES: (continued) Note 29. Supplemental assessment for 2005-2006 Bill No.: 316 20 081 E4 1st Installment: $ None Shown 2nd Installment: $21,960.71 Paid Note 30. Supplemental assessment for 2005-2006 Bill No.: 316 20 081 21 1st Installment: $10,689.13 Paid 2nd Installment: $10,689.13 Paid Title No. 06.98201367-B-JN Locate No. CACT17743-7743-2982-0098201367 EXHIBIT' b Note 31. Property taxes for the fiscal year shown below are PAID. For proration purposes the amounts are: Tax Identification No.: 316 20 082 Fiscal Year: 2005 - 2006 1st Installment: $3,675.08 2nd Installment: $3,675.08 Note 32. Wiring instructions for Chicago Title Company, San Jose, CA, are as follows: Receiving Bank: Bank of America 275 Valencia Blvd, 2nd Floor Brea, CA 92823-6340 ABA Routing No.: 026009593 Credit Account Name: Chicago Title Company - San Jose Commercial 675 N. 1st Street, Suite 300, San Jose, CA 95112 Credit Account No.: 12353-81969 Escrow No.: 06-98201367-SM These wiring instructions are for this specific transaction involving the Title Department of the San Jose office of Chicago Title Company. These instructions therefore should not be used in other transactions without first verifying the information with our accounting department. It is imperative that the wire text be exactly as indicated. Any extraneous information may cause unnecessary delays in confirming the receipt of funds. Note 33. Section 12413.1, California Insurance Code became effective January 1, 1990. This legislation deals with the disbursement of funds deposited with any title entity acting in an escrow or subescrow capacity. The law requires that all funds be deposited and collected by the title entity's escrow and/or subescrow account prior to disbursement of any funds. Some methods of funding may subject funds to a holding period which must expire before any funds may be disbursed. In order to avoid any such delays, all funding should be done through wire transfer, certified check or checks drawn on California financial institutions. 36 CLTA 7rehminary Report Fonn (11/17/09) NOTES: (continued) Title No. 06-98201367-B-1N Locate No. CAM7743-7743-2982-0098201367 Note 34. The charge where an order is canceled after the issuance of the report of title, will be that amount which in the opinion of the Company is proper compensation for the services rendered or the purpose for which the report is used, but in no event shall said charge be less than the minimum amount required under Section 12404.1 of the Insurance Code of the State of California. If the reportcannot be canceled "no fee" pursuant to the provisions of said Insurance Code, then the minimum cancellation fee shall be that permitted by law. Note 35. California Revenue and Taxation Code Section 18662, effective January 1, 1994 and by amendment effective January 1, 2003, provides that the buyer in all sales of California Real Estate may be required to withhold 3 and 1/3% of the total sales price as California State Income Tax, subject to the various provisions of the law as therein contained. EXMBh 37 QTA Ptduninary Report r . (11/17/04) � fill gea 7e( PORTAL:_AVE C� up m n.m N mx .w � � i.e. o •' �14 o b N I N '" pq' o Esc P ,gyp _ v a .. a m N WOLFESRe.ai i ..o �•— o y � R •' t a m y � ••1166f��1�4 O ' a • ' K :i aq= •� 4 a nµ L � � �� - TAN7AU `— AVE � 3 W qq na^ o c 'k I 4 a u m $s ue � N— �'F � � 8 Om ATTACHMENT ONE AMERICAN LAND TITLE ASSOCIATION RESMENTIAL TITLE INSURANCE POLICY (6-1-87) EXCLUSIONS In addition to the Excclmers in Schedule B, you arc not insured agaiml Ims, cents, atmmey.f fees, and expenses iaulurig from. 1 Governmental police ppoowers xi and the existence or violation of my law or government rcgularon. Tha mcludca building and wrong undertones and also laws and regulations mtrccrruug • land use • Improvements tin the land • land dmam • emvamnmml protection This exclmmn doe not apply in violations or the enforcement of these matters which rar inthe public records at policy date axchnion does no, limit the raring coverage described in Iran 12 ad 13 ofCosssed Tide Risks 2 The right to take the Ind by condemning iL unless • a notice of exercising the right appears of the public records on the Poltop Dole • the taking happcmd prior On the Policy Core and is brndingon you ifyou bought the Ind without kknnowledge of the taking In addaim in the Fxclusnom, you am trot insured against loss, cents, mbmcyC fen. and the expenaa resulting from, 1. Airy rights, mtmmir, or claims ofpaities in possession ofthe land not shown by the public ecords 2 AM aasements m lien not shown by the public words 'Ibis does not limit the hen coverage in Item 8 of Covered Title Risks Title Risk, • that are created allowed, m agreed to by you • that are known to you, but not to us, on the Policy Date -unless they appeared in the public records • that mauh in no loss to you • that first affect your title aftn the Policy Date — this does out limn the labor and material Len coverage in Item 8 of Covered I itle Risks Failure in F'°y value for your title Lack ofa ngtl : • in my land outside the area specifically described and referred to in Item 3 of Schedule A or • in streeu, alleys, or waterways that touch yaw Ind This exclusion does not Ivan the me. average in Item 5 of Covered Title Risks 3 Any facts about the land which a cancer survey would diuimc and which an, notshown by the public records This does not limn the forced removal coverage in item 12 ofCmered Title Risks 4 Any water rights or claims. title to water in or under the land whether or am drown by the public words CAW FORNLI LAND TITLE ASSOCIATION STANDARD COVER,ICE POLICY— I EXCLUSIONS FROM COVERAGE The following nutter are expressly excluded from the coverage ofthis policy and the Cartgny will not pay lass or damage, costs, attome t' fees or expenses which arise bhyy rcamn cif: I. (a) Any law, ordirunceorgovernmenlal regWation Qncluding but nalimtedm but dug and mnntg laws, ordinances. or regulators) restricting regulating pp roolubn'vig or relating (i)Ne Occupancy. use, or mloymmt of the lard, (ii)the chimaera,dumenio loation of any impmvemenl now or hereafter erected on the Imd, (n4 a saparahon mowrnslapa a change in the dimensions or area of the Ind or parcel of which the Iced n or was a pan. Or(rv)msvm oneaprotection a tal protecthe cwry n of any vichumn of the. lows, ordmnees or gnvemmcaual regulatiom, nmpt to the estent that a notice of the enforcement thereofor a notice o clefal, lien or encumbrance resulting from a violation or alleged violation affecting the land his been worded in the public records a Date of Policy (b) Anyg'emmmul police power act airliner! , (a) above, except la the gams thala notice of the ex ice thewl'or a amine of a Jefecmo rnunflomwem.ulmgfroma violanen or alleged violation affecun g the land has been recorded in the public records at Date of policy 2 Rights of eminent domain unless nonce of the nerct. uhermf has been recorded in the pis be records at Date of Policy, but not excluding from coverage any taking which has kno.losm poor o Dae�of Pollry which would be bending en the nghtsofa quchma for a uew 3 Defects, liens, eraurnbrnca, adverse claims, or other matters' (a) whether m trot recorded in the public retards at Date of Policy, but created suffered ressiuned or agreed to by Lire assured claimant, (b) not known to the Company, not recorded in the public records at Data ofPoliry, but k awn to tha to the clamant n u sit 1a.1d became ng mar Crnnpem' by the mewed leiirum Prim m the dart dun inured claisrurtr bearne an wired under this policy (c) raultirg m rro loss err damage m the insured clamum, (d) acuchrrig or created subsequent to Date of Polity or (e) resulting in loss or damage which would not Mve been sustained if the rmwed claimant had paid value for the tamed mortgage or for the eauae or interest insured bV this policy. Uncnfame iliry of the him of the insured ionngugc because of the mated icy or failure of the m an et Date of Policy, or the mebdty or fadwe of ny subami owner of ibe indebtedness, to comply with the applicable doing business laws ofthe state In which the land is snosted Invalidity or unenforcemility, ofthe Jim ofthe owned mortgai or claim thereof. which .is. out ofthe transaction evidenced by the insured mortgage and is based upon usury a any comma credit protection in truth in lending law Any claim, which moss out ofthe bamadina wising in the insured the estate or interest insured by this Whim or the transaction creasing the interest of the insured lads, byravan ofthe operation of federal bankruptcy, state insolvency or similar credtiors' noes laws SCHEDULE B, PART EXCEPTIONS FROM COVERAGE This policy don not inure Wind low or damage (and the Company will not pay cats, ananeys' fees or expenses) which rise by reason of PART 1 Taxes or assasnienta which are not shown as exuslu% hen by the ra.mds of any boxing authors that levies taxes or anessruents on reel property m by the public records rgs by a public agency which cony result in lax®err avasmenyesmtraaMslrh pmecedusi whether or am shown by the records ofsuch agency or by the Public records 2 Any faze, nghu, alumina or Claims which are not shown by the public records but which could be watnmed by eainspection ofthe land or which my be an.ned by persons in possession thereof 3. Easements, Items or encumbrances, in claims thereof, which are not shown by the public records 4 Duaepnncin, conBins m haimMn' Imo, ahorm, in sea, maoschments, or my other facts which a mien stuvcy would disclose, and which am rim shown by the public records 5 O Untalented mining claims, (b) re.rvations or exceptions in patents or in Acts authnnang the issuswe thereof (c) water rights, claims or title in water whcd,a or not the matters ncapted under (a), (b), m (c) are shown by the public records Attachment One ( 11/17104) ATTACHMENT ONE (CONTINUED) AMERIC\N LAND TRLE ASSOCIATION LOAN POLICY- (10-17-92)' WITH A.L.T.A. ENDORSEMENT -FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE The followungrnanrn are expresslyexcluded from the coverage ofthis policyadthe carpmy will act Pay loss a damage, costs, attomeys' fees or expenses which arse try r<xsa of I. (a) Any law, ordnw¢eorgovemmemalregulmon(includutgbut nollimnedtohuddug and mating laws, admazhtta, a regulations) restrict regulam&orduMmg a reWugto (i)se occupancy, use, or en�aymem ofshc lend, n thhe character, mchowrsorloomon Offaly improvement now ercafter erected mthe land, (to) a reparation mms+nshapa a ctwge m the dunensiosa or wu of the lord a an gotta of which the land is or cows a pan, n (iv)r Sovern antnsal pre laha, a except effect he any violation of these lows, ordinances or gmemmasl reeggaulasims, except to the neeextont re that a ounce of the eNoreged violation trice ofa defers, lien or eadunbrace public re from a violator a alleged vnolatim a8'ecug the lard eras been recorded In the public records at Date of except to the exten theta 2 Rip)iu ofemincat domain wi ess notice of the exerciu thereof has been recorded in the public records at Date of Policy, but not excluding froth coverage any taking which has coma" d anon to Data of Policy which would be binding on the rights of a purchaser for ♦slue without ksowlcdge 3 Defects, lists, encumbrances, adverse clanni or other matter' (a) seats suffered. assumed or weed to by the insured claimant, (b) rid known to the Comparry, not recorded m the public records at Date of PoLcy, but cliknown so Ne nmured data the aratu huh disclosed in wrwg to the Cumpmy by the thawed (a) r nt ppinng m the daze the hawed clamant became a insured under tars policy, (e) r.uliing m rho lov a damage m the inured claimant, (d) amachng or created subseyern to Date ofPolicy(excep to the extent that thupoltry insures the pnonryofthe lien of tac unwed mortgage over any sietuwry hen for semtts, labor or materiel or to the extent hauarce is afforded harem as to essesmens for sweet improvements under casamauon or completed at Dam of Policy), o W i1: 01 nob (a) resulting in loss or damage which would not have been sustained of the thawed claimant had said value fro the inured mortgage, 4 Unerd'accabdity of the turn ofthe insured mortgage because of the his or Wife Of the installed at Date of Policy. a the inability m fatlwe of arty subsequent owner of the indebtedness, to comply with applicable doing business laws offal, state on which the land is mutated 5. Invalidity or unerdoceddity ofthe lien ofthe formed mortgage, a claim thereof, which roses out of the tmncacuon evidenced by the insured mortgage and is based upon usury or any consumer credit protection or troth in lending law 6 Any statutory Len for services, labor a muenak (or the claim of primary ofarry memory hen for semcm labor or, nationals over the lien of the ussued mortgage) arising from an improvement or work related m the land which is for and commenced subsequent to Date of Pohcv and is not financed in whole or m path by proceeds of de indebtedness securedthe insured mortgage which advarrced a s abhgat W at Date of Policy the insured has to advance 7. Any faith, which aria nun olhhe wansectinnaating the insercsi olds rrutpygenesW by this policy, by reason ofthe operation of federal hmhkmptry, stare insolvency, a sumlar crednos' nghs Iowa, del s baud on (i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent battles, or (it) Nesobordhmuonoftkinmestofihennswedmongammamsultaftheapphedum ofthe donnne of a citable swbordrnstim. a (rii) the transaction creating the interest of the named mortgagee being deemed a preferential wmufer except where the preferential trans er results from the fadure (a) to timely record the mmrument of uansfer, a (b) of such recordation to unpes notice to a purchmc for value or a)udgertont or hen creditor AM ERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10-17-92) EXCLUSIONS FROM COVERAGE The follows gmatters tie expressly excluded from the coverage ofths policy and the Corollary will not pay loss or damage, can, ationscya' fees or expehoes which arse reason of L (a) Any law, mshist a or govemmentl regulatmn(frcludugbsunot mmitedtobuddig and mnug laws, ordinances, or regulations) resmclu regulatingpprolubduga rclaungto (h) the occutpmsry, use, an i �oyment of the Ind. 6n) the character, dormsas m u locm o am irrWrovemensnowm "" erected on the land, bur) a sepamuon inovrvsfupa e change m the dimensions a Brea of the lend or en parcel of which flue Ind a or was a part, or (iv) cnvrounensl protection, or the effect of any violation of these laws, ordmanm or govemmensl regulation, except to the etas that d noire of the enforeematthereoforanoticeofadefmt limmerxtonbrmmresultiigfromaysolmm or alleged violation atfecting the land has hcca recorded in the public records at Date of excluded by (a) above, except so the extent that ofa defeat. Len a encumbrance resulting from ar se land has been recorded in the public monarch at thereof Ica beer recorded In the s cmcrage any, taking which has ; on the rights ofa Purchmer for 3. Defect, Items, eruwitbrances, adverse claims, or other matron (a) ceased, suffered assumed m agreed to by the sawed clasmmt, (b) nor known to the Conipariy, not recorded m de public records al Uam ofPohry, but known W the inured claimvit and rot disclosed in wntmg to the Cc=by the formed claimant 99nor to the date the insured chi rant became an mitred tin ed r its policy, (c) resulmg in no I= or damage so the banned clmmanL (d) machsrg a created subaequasno Data ofPobry or (e) resulting intors or damage which would not have been anaimed if the insured elmmnnt had paid value for the estate or interest insured by this policy. Any claim watch anon sit of the transaction vesting in the inured ds estate Or interest wueJ by this Pti reason afthe operation offedaal bankruptcy, amc"umhv y,a annular creditors' nghs awa,that is based on (1) she trmancwon cresting the elate or interest showed by tar pal icy being deemed a froxittleta comeyaxe or fiaudulent trander, or (if) the transaction creating the cause or interest insured by this policy be deed a Preferential vasfer except where the preferenwal wareffcr result from the f�emme, (a) to timely record the ntoumrnt of hours , or (b) of such remrdmm sw dnpan mttce m a pwcha for value m a judg i m ben coxim r. The above ALTA Policy forms, dated 1047.92, may be issued to afford either Standard Coverage or Extended Coverage In addition to the above Exclusions troth Coverage, the Excepubre from Coveragein a Standard Coverage policy will also suclude the following General Exeephons' EXCEPTIONS FROM COVERAGE Thu pcs don flat inure agyrm loss or damage (and the Company will not pay cost, ation i fees or expenses) which arse by reason of 1 'faxes w assessment which are not shown as existing lien by the records of airy suing au r=ty dud leases sax. orasseuro nta on real Property or by the public retook Pmaedmgs by a public agency which may result in taxes or resentments, aretitsofsuch proceedings, whether or not shown by the records of such agency Or by the public records 2 Airy fees, nghs, mtaers or clears which are rot shorn by the public records but which muld be ascertained by m mspecton of the land or which maybe avertedby persons m p sian thereof 3 Fasemant, Iran or encumbrances, a claims thereof, wtuch are not slows by the public see ns, 4 Discrepancies, conflicts in bow Imes, sahoonaga in area, encroachments, or my other Islaswlucha cortect suretyry would sclme, andwhohmenotahownbythepiblicnauds 5. (a) Unpatomcd homing clams, (b) reservations or exceptions in patens or m Acs s uthonzing the issuance thereof, (c)wisher rights, claim while to water, wfodaaainsthc matters excapted under (a)_ (b) nr (c) are all. by the pubhc record Attachment One (I 1/] 7/04) ATTACHMENT ONE (CONTINUED) CLTA IIOMEO WNER'S POLICY OF TITLE INSURANCE (10-22-03) ALTA I IOMEO WNER'S POLICY OF TITLE INSURANCE U0-22-03) EXCLUSIONS In addition to the Exceptions in Schedule B, You are Out insured against loss, costs, allomeyi fees, and expenses resulting Gan L Governmental police power, and the existence or violation of any law or government regulation Tlus includes mcbminces, laws and n olanom concemmg a bolding b zoning; Land use J improvements on Land a Land division f emironmentsl protection This Excluson don not apply to violations or the eNomemem oftheac matters at notice of the violation or enforcement appear in the Public Records at the Policy Dee This Excitation does not 1.1 the coverage described in Covered Risk 14. I5. 16, 17 or 24 2 The failure of Your exatirgsimcones, or any pan fthem, to be constructed of aaadutce with apppplicable building codes This Eaelaton dos not apply to violations of building coda . ina.ce of the violation appears in the Public Records at the Policy Date 3 The right to take the Land by condemning iL .1. a namaek ottfgehxeamisug the right appears m the Public Records at the Policy Due, or b �takiiiehap�W fing ooretheisPol�icy Dick and is binding on You if you bought the • 4, Risks: a that are created, slowed, or agreed to by You, whether a not they appear in the Public Records, b that are }mown to You a the Policy Date, but not to Us, unless they appear in the Public Records in the Policy Date. c that mull to no loss to You, or d that first «cur after the Policy Date - this does not heel the coverage desenbed in Covered Risk 7, 8 d, 2; 23. 24 Or 25 5, Felure to pay value for Your Title 6 Lack of a right e to any Land outside the area specifically described and relected to in paragraph 3 of Schedule A; and b in streets. allrye, or waterways that touch the Land This Exclusion does not Iron the cormisge described m Covered Risk 11 or 18 LIMITATIONS ON COVERED RISKS Your insurance for the following Cwacd Risks is Iumled on the (Tuner's Coverage Statement w follows • For Covered Risk 14, 15, 16 and 18, Your Deductible Amount nod Our Maximum Dol tar Limit of I .ieiibryshown in Schedule A The deductible amounts and in. dollar limits shown on Schedule A area follows. Your Deducible Amount Our May, Dollar Limn of L ab Itry Covered Risk 14 L04%b of Policy Amount $10,000 W or $ 2,500�x (whichevens less) Covered Risk 15 L2T/s ofPuhry Amount S 25.000. W or 5 M.A. is Covered Risk 16 LOO-A afPabry Amount or $ 25.000 $5 000 00 (whicheveris less) Covered Risk IS: L44W of Policy Amount or $5,000� S w( hccr is less) ALTA EXPANDED COVERAGE RESIDEhTL1L WAN POLICY (10113t01) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage ofthis policyaidthe Carigmiy will tier pay loss Or damage, cats, exomays fees or expenses which ants by «ason of 1 (a) Any law, ordmance or (pat nisi r edidorn (mcludug but nuts limited to wring laws, ordinances, or regulations) restrict , regulating prO1v nuig a relay, to (t) the occupancy, use, Or rn)�Msncnt ofthc Land, Ot) the character, dimensions or locationofary unpavemrns now a aea(ter erected on the Land, (ii0 a sepaetion th ownership or a change m the dunenswns or aeon ofhe Land or anyy pace] of which the of t is or cam a pert; Or (iv) ennraimenul protection, , the et in he any extent that of thou lawn, ordinances or gwemmentsl regulations, except a the uuent dui a notice of the enfomemrnt laden ffanonceofadefect,benerr corded in Public Rectum av Date or alleged $ cxa violation effecting the Lend has obeenver recorded in the under- Records at Date of Pohry. Thu uclaion doe roi Imut die coverage provided under Covered Risks 12.13. 14. and 16 ofthis poliq (b) An rntal police power curt excluded by (e)above, except to theemnthaa notice of the excrciu thereofor a mice ofa ddect, lien or encumbrance results g lions a violation or alleged violation affxting the Land his been recorded in the Public Raudsat DaeofPolicy This uclmion don runt Icon the coverage provided under Covered Risks 12.13, W, and 16 oI'duy policy 2 Rmhts of eminent domain unless notice of the exercise thereof has been recorded in the Public Records at Data of Poliry, but not excluding from coverage arty taking which has seamed prior to Data of Policy which would be bonding on the rights ofa purchaser fm value without Knowledge 3 Defects, hens, encumbrances, adverse claims or other matters ro) ricream4 suffered, assured! a agreed to by the Insured Claunant; )) ot Knawml nc Comxn myrewrdafin the Public Records at Date ofPohcy,W Known to the Insured Claunant and not disclaed in writing to the Compary by the "sire" Claimant prop in the date the Insured Claimant became an Insured under that policy, (c) resulting in no loss damage m the In W Claooant, (d) sumhug or created subsequent to Data of Policy (this paragraph does ]unit the coverage provided under Covered Risks g, 16. 18. 19. tin. 21, 22.23. 24,25 and 26), or (e) resulli j in Iola or damage which would not have been aueNned d the burred Claimant had paid value for the Insured Mortgage 4 UncrdameabiltryofthehenofthehsuredMon�.be��use afthc wbihry or failure of the Insured at Dale of Policy. or the inahilih or feline of arty subsequent owner of the indebtedness, to comply with applicable doing business laws of the state mwludi the Lad n Snowed 5. Invalidity or unedorembildy ofee hen of die Insured Mortgage, or claim thereof, which ices Out of the transaction evidenced by the Insured Mortgage and is based upon usury, except as provided in Covered Risk 27, or any comrmer credit pmtectmn or taut" in lending law. 6 Real property rues or assess ments ofany governmental authority which become a lienon the Lend subseVent to Date of Pohry This exclusion does not limn thecovise,proidod wdar Covaed Risks 7, 8(c) aid 26 7. Arry data of mvaidiry, unenforeebdiry or lack of pnonty of the lien of the 4moed Mongege a to ad.. or euxi Batters; made after the loce c l has Knowledge the the veslee sMwn m Schedule A its no longs the owner ofthc estate or tm=mt cwaedbyths pehcy. Thu exclusion does not limn the coverage provided in Covered Risk 8 8 Lack ofpi.w oftee hen ofth. Insured Monpape a to each and evervadvarce nude aflc ae Known to the Insured al (b) The time a modification is made to the terms ofthee lamed Mortgage which cheign the rate ofintoo.vt charged, tithe rate ief mtercst is greater as a result of the modification than it would have been balbrethemodification Tlrsenclaiondonriotluatdsewverage, pmvtdied in Cmered Riak R 9 The fadtae of the residential sLuctwe, or any portion thereof to have been constructed before, on or after Data of Policy in accordance with applicable budding codes This cxdusmn dnc rim apply to vinlaocns Of hulling coda ifnnticc nfthc vinlaion appws of the Public Records at Data o1"Pohry. ARachment One (1111 W04) -11 Notice You may be entitled to receive a $20.00 discount on escrow services if you purchased, sold or refinanced residential property in California between May 19, 1995 and November 1, 2002. If you had more than one qualifying transaction, you may be entitled to multiple discounts. If your previous transaction involved the same property that is the subject of your current transaction, you do not have to do anything; the Company will provide the discount, provided you are paying for escrow or title services in this transaction. If your previous transaction involved property different from the property that is subject of your current transaction, you must inform the Company of the earlier transaction, provide the address of the property involved in the previous transaction, and the date or approximate date that the escrow closed to be eligible for the discount. Unless you inform the Company of the prior transaction on property that is not the subject of this transaction, the Company has no obligation to conduct an investigation to determine if you qualify for a discount. If you provide the Company information concerning a prior transaction, the Company is required to determine if you qualify for a discount. Effective through November 1, 2014 EXHIBIT B Fidelity National Title Group of Companies' Privacy Statement July 1, 2001 We recognize and respect the privacy expectations of today's consumers and the requirements of applicable federal and state privacy laws. We believe that making you aware of how we use your non-public personal information ("Personal Information"), and towhom it is disclosed, will form the basis for a relationship of trust between us and the public that we serve. This Privacy Statement provides that explanation. We reserve the right to change this Privacy Statement from time to time consistent with applicable privacy laws. In the course of our business, we may collect Personal Information about you from the following sources: • From applications or other forms we receive from you or your authorized representative; • From your transactions with, or from the services being performed by, us, our affiliates, or others; • From our internet web sites; • From the public records maintained by governmental entities that we either obtain directly from those ermties, or from our affiliates or others; and • From consumer or other reporting agencies. Our Policies Regarding the Protection of the Confidentiality and Security of Your Personal Information We maintain physical, electronic and procedural safeguards to protect your Personal Information from unauthorized access or intrusion. We limit access to the Personal Information only to those employees who need such access in connection with providing products or services to you or for other legitimate business purposes. Our Policies and Practices Regarding the Sharing of Your Personal Information We may share your Personal Information with our affiliates, such as insurance companies, agents, and other real estate settlement service providers. We also may disclose your Personal Information: • to agents, brokers or representatives to provide you with services you have requested; • to thud -party contractors or service providers who provide services or perform marketing or other functions on our behalf; and • to others with whom we enter intojoint marketing agreements for products or services that we believe you may find of interest. In addition, we will disclose your Personal Information when you direct or give us permission, when we are required by law to do so, or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of anyagreement, trarracoon or relationship with you. One of the important responsibilities of some of our affiliated companies Is to record documents in the public domain. Such documents may contain your Personal Information. Right to Access Your Personal Information and Ability to Correct Errors or Request Changes or Deletion Certain states afford you the right to access your Personal Information and, under certain circumstances, to find out to whom your Personal Information has been disclosed. Also, certain states afford you the right to request correction, amatdmentordeletion of your Personal information. We reserve the right, where permitted by law, to charge a reasonable fee to cover the costs Incurred In responding to such requests. All requests must be made in writing to the following address: Fidelity National Title Group, Inc. Privacy Compliance Officer 601 Riverside Avenue Jacksonville, FL 32204 Multiple Products or Services If we provide you with more than one financial product or service, you may receive more than one privacy notice from us. We apologize for any inconvenience this may cause you. Privacy Statement (prrvaq) (11/05) EXHIBIT C LEGAL DESCRIPTION LANDS OF VALLCO INTERNATIONAL SHOPPING CENTER LLC. NEW PARCEL 1 ALL THAT REAL PROPERTY SITUATE IN THE CITY OF CUPERTINO, STATE OF CALIFORNIA, BEING A PORTION OF PARCEL 1 OF THAT CERTAIN PARCEL MAP RECORDED IN BOOK 325 OF MAPS AT PAGE 12, SANTA CLARA COUNTY RECORDS BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE MONUMENT LINE OF VALLCO PARKWAY AS SHOWN ON SAID PARCEL MAP WITH THE MONUMENT LINE OF WOLFE ROAD, SAID POINT BEING THE WESTERLY TERMINUS OF THE COURSE SHOWN AS "NORTH 88054'46" EAST, 854.00 FEET" ON SAID PARCEL MAP, SAID COURSE BEING THE BASIS OF THE BEARINGS DESCRIBED HEREON; THENCE ALONG THE MONUMENT LINE OF SAID WOLFE ROAD NORTH 01005'23" WEST, 989.48 FEET; THENCE LEAVING SAID CENTERLINE, AT RIGHT ANGLES THEREFROM NORTH 88054'37" EAST, 76.00 FEET TO A POINT ON THE WESTERLY LINE OF PARCEL VI OF LANDS GRANTED TO VALLCO INTERNATIONAL SHOPPING CENTER LLC PER THAT CERTAIN GRANT DEED RECORDED IN DOCUMENT NO 18331566 OF OFFICIAL RECORDS, SANTA CLARA COUNTY RECORDS, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE ALONG THE WESTERLY LINE OF PARCEL VI, ALONG A LINE LYING 76.00 FEET EASTERLY OF AN PARALLEL WITH SAID MONUMENT LINE OF WOLFE ROAD, NORTH 01005'23" WEST, 107.17 FEET TO AN ANGLE POINT IN SAID WESTERLY LINE; THENCE CONTINUING ALONG SAID WESTERLY LINE NORTH 15006'31" EAST, 41.30 FEET; THENCE LEAVING SAID WESTERLY LINE, EASTERLY ALONG A NON -TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 528.00 FEET, THROUGH A CENTRAL ANGLE OF 02015'02" FOR AN ARC DISTANCE OF 20.74 FEET, THE RADIUS POINT OF WHICH BEARS NORTH 0104913" WEST; THENCE NORTH 86005'45" EAST, 119.28 FEET; THENCE NORTH 88054'46" EAST, 55.94 FEET TO A POINT ON THE GENERAL EASTERLY LINE OF SAID PARCEL VI PER SAID GRANT DEED; THENCE, ALONG SAID GENERAL EASTERLY LINE OF PARCEL VI SOUTH 01005'14" EAST, 407.40 FEET; THENCE CONTINUING ALONG SAID GENERAL EASTERLY LINE SOUTH 46005' 14" EAST, 75.68 FEET; THENCE CONTINUING ALONG SAID GENERAL EASTERLY LINE NORTH 88054'46" EAST, 48.02 FEET; THENCE CONTINUING ALONG SAID GENERAL EASTERLY LINE SOUTH 0100514" EAST, 347.65 FEET; THENCE CONTINUING ALONG SAID GENERAL EASTERLY LINE SOUTH 88054'46" WEST, 65.00 FEET; THENCE CONTINUING ALONG SAID GENERAL EASTERLY LINE SOUTH 01005'14" EAST, 46.19 FEET TO THE EASTERLY TERMINUS OF THE MOST SOUTHERLY LINE OF SAID PARCEL VI; THENCE ALONG SAID SOUTHERNMOST LINE SOUTH 88054'46" WEST, 243.82 FEET TO A POINT LYING 76.00 FEET EASTERLY OF AND PERPENDICULAR TO SAID MONUMENT LINE OF WOLFE ROAD, SAID POINT BEING THE SOUTHWESTERLY CORNER OF SAID PARCEL VI; THENCE ALONG A LINE LYING 76.00 FEET EASTERLY OF AND PARALLEL WITH SAID MONUMENT LINE, ALONG THE WESTERLY LINES OF SAID PARCEL VI AND PARCEL II -A OF SAID GRANT DEED TO VALLCO INTERNATIONAL SHOPPING CENTER LLC NORTH 01005'23" WEST, 701.39 FEET TO THE TRUE POINT OF BEGINNING; Admindatalleg aV205176JCPen ney.Parcel 1.072706 DESCRIBED LANDS CONTAINING AN AREA OF 4.93 ACRES, MORE OR LESS; REFERENCE IS HEREBY MADE TO PLAT OF DESCRIBED PARCEL PER EXHIBIT "A" AND THEREBY MADE A PART OF. Admindata/lega I205176JCPen ney. Parcel 1.072706 EXHIBIT c LEGAL DESCRIPTION LANDS OF JC PENNEY PROPERTIES INC. NEW PARCEL 2 ALL THAT REAL PROPERTY SITUATE IN THE CITY OF CUPERTINO, STATE OF CALIFORNIA, BEING A PORTION OF PARCEL 1 OF THAT CERTAIN PARCEL MAP RECORDED IN BOOK 325 OF MAPS AT PAGE 12, SANTA CLARA COUNTY RECORDS BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE FOUND 1" IRON PIPE MONUMENT MARKING THE MOST NORTHERLY CORNER OF SAID PARCEL 1, SAID POINT BEING THE MOST NORTHERLY CORNER OF PARCEL VI OF LANDS GRANTED TO VALLCO INTERNATIONAL SHOPPING CENTER LLC PER THAT CERTAIN GRANT DEED RECORDED IN DOCUMENT NO. 18331566 OF OFFICIAL RECORDS, SANTA CLARA COUNTY RECORDS; THENCE ALONG THE NORTHEASTERLY LINE OF SAID PARCEL 1 AND SAID PARCEL VI, SOUTH 60016'27" EAST, 575.42 FEET TO THE NORTHEASTERLY CORNER OF SAID PARCEL VI PER SAID GRANT DEED; THENCE CONTINUING ALONG SAID NORTHEASTERLY LINE OF PARCEL 1 PER SAID PARCEL MAP, SOUTH 60016'27" EAST, 123.46 FEET TO THE NORTHEASTERLY CORNER OF SAID PARCEL 1; THENCE ALONG THE EASTERLY LINE OF SAID PARCEL 1, SOUTH 01005'14" EAST, 1049.61 FEET TO A POINT LYING 55.00 FEET NORTHERLY OF AND PERPENDICULAR TO THE MONUMENT LINE OF VALLCO PARKWAY AS SAID MONUMENT LINE IS SHOWN ON SAID PARCEL MAP; THENCE ALONG A LINE LYING 55.00 FEET NORTHERLY OF AND PARALLEL WITH SAID MONUMENT LINE SOUTH 88054'46" WEST, 46.72 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID LINE SOUTH 88054'46" WEST, 631.28 FEET; THENCE ALONG A TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF 20.00 FEET, THROUGH A CENTRAL ANGLE OF 89059'51" FOR A DISTANCE OF 31.42 FEET TO A POINT LYING 76.00 FEET WESTERLY OF AND PERPENDICULAR TO THE MONUMENT LINE OF WOLFE ROAD, AS SAID MONUMENT LINE IS SHOWN ON SAID PARCEL MAP; THENCE ALONG A LINE LYING 76.00 FEET EASTERLY OF AND PARALLEL WITH SAID MONUMENT LINE NORTH 01 005'23" WEST, 213.09 FEET TO THE SOUTHWESTERLY CORNER OF SAID PARCEL VI OF SAID GRANT DEED; THENCE ALONG THE MOST SOUTHERLY LINE OF SAID PARCEL VI NORTH 88054'46" EAST, 223.23 FEET; THENCE LEAVING SAID SOUTHERNMOST LINE SOUTH 01005'14" EAST, 78.71 FEET; THENCE NORTH 88054'46" EAST, 428.06 FEET; THENCE SOUTH 01005'14" EAST, 154.38 FEET TO THE TRUE POINT OF BEGINNING; DESCRIBED LANDS CONTAINING AN AREA OF 2.71 ACRES, MORE OR LESS; THE BASIS OF DESCRIBED BEARINGS IS THE MONUMENTED CENTERLINE OF SAID VALLCO PARKWAY, HAVING A BEARING OF NORTH 88054'46" EAST AS SHOWN ON SAID PARCEL MAP; REFERENCE IS HEREBY MADE TO PLAT AND SAID EASEMENT PER EXHIBIT "A" AND THEREI Admindata/legal/205176.JCPenney. Parcel 2..072706 till C LEGAL DESCRIPTION LANDS OF JC PENNEY PROPERTIES INC. NEW PARCEL 3 ALL THAT REAL PROPERTY SITUATE IN THE CITY OF CUPERTINO, STATE OF CALIFORNIA, BEING A PORTION OF PARCEL 1 OF THAT CERTAIN PARCEL MAP RECORDED IN BOOK 325 OF MAPS AT PAGE 12, SANTA CLARA COUNTY RECORDS BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE FOUND 1" IRON PIPE MONUMENT MARKING THE MOST NORTHERLY CORNER OF SAID PARCEL 1, SAID POINT BEING THE MOST NORTHERLY CORNER OF PARCEL VI OF LANDS GRANTED TO VALLCO INTERNATIONAL SHOPPING CENTER LLC PER THAT CERTAIN GRANT DEED RECORDED IN DOCUMENT NO. 18331566 OF OFFICIAL RECORDS, SANTA CLARA COUNTY RECORDS; THENCE ALONG THE NORTHEASTERLY LINE OF SAID PARCEL 1 AND SAID PARCEL VI, SOUTH 60016'27" EAST, 575.42 FEET TO THE NORTHEASTERLY CORNER OF SAID PARCEL VI PER SAID GRANT DEED, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTHEASTERLY LINE OF PARCEL 1 PER SAID PARCEL MAP, SOUTH 60016'27" EAST, 123.46 FEET TO THE NORTHEASTERLY CORNER OF SAID PARCEL 1; THENCE ALONG THE EASTERLY LINE OF SAID PARCEL 1, SOUTH 01 005'14" EAST, 1049.61 FEET TO A POINT LYING 55.00 FEET NORTHERLY OF AND PERPENDICULAR TO THE MONUMENT LINE OF VALLCO PARKWAY AS SAID MONUMENT LINE IS SHOWN ON SAID PARCEL MAP; THENCE ALONG A LINE LYING 55.00 FEET NORTHERLY OF AND PARALLEL WITH SAID MONUMENT LINE SOUTH 88054'46" WEST, 46.72 FEET; THENCE NORTH 01005'14" WEST, 154.38 FEET; THENCE SOUTH 88054'46" WEST, 428.06 FEET; THENCE NORTH 01005'14" WEST, 78.71 FEET TO A POINT ON THE MOST SOUTHERLY LINE OF SAID PARCEL VI PER SAID GRANT DEED; THENCE ALONG SAID SOUTHERNMOST LINE NORTH 88054'46" EAST, 20.59 FEET TO ITS EASTERLY TERMINUS; THENCE NORTHERLY ALONG THE GENERAL EASTERLY LINE OF SAID PARCEL VI NORTH 01005'14" WEST, 46.19 FEET; THENCE, CONTINUING ALONG SAID GENERAL EASTERLY LINE NORTH 88054'46" EAST, 65.00 FEET; THENCE CONTINUING ALONG SAID GENERAL EASTERLY LINE NORTH 01005,14" WEST, 347.65 FEET; THENCE CONTINUING ALONG SAID GENERAL EASTERLY LINE SOUTH 88054'46" WEST, 48.02 FEET; THENCE CONTINUING ALONG SAID GENERAL EASTERLY LINE NORTH 46005'14" WEST, 75.68 FEET; THENCE CONTINUING ALONG SAID GENERAL EASTERLY LINE NORTH 01005'14" WEST, 432.68 FEET; THENCE CONTINUING ALONG SAID GENERAL EASTERLY LINE NORTH 88054'46" EAST, 384.58 FEET TO THE TRUE POINT OF BEGINNING; DESCRIBED LANDS CONTAINING AN AREA OF 9.98 ACRES, MORE OR LESS; Admindata/IegaV205176JCPenney Parcel 3.072706 EXHIBIT C THE BASIS OF DESCRIBED BEARINGS IS THE MONUMENT LINE OF SAID VALLCO PARKWAY, HAVING A BEARING OF NORTH 8$054'46" EAST AS SHOWN ON SAID PARCEL MAP, REFERENCE IS HEREBY MADE TO PLAT OF DESCRIBED PARCEL PER EXHIBIT W AND THEREBY MADE APART OF. Admindatallega V205176JCPen ney. Parcel 3.072706