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Seller’s | Buyer’s | |||||
Initials: | Initials: |
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Buyer’s Initials: |
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To Seller: | MFP/Hunter@First Office Partners, LLC | |
10121 Miller Avenue, Suite 200 | ||
Cupertino, California 95014 | ||
Attention: Derek K. Hunter, Jr | ||
Fax: 408-255-4100 | ||
Email: deke@hunterproperties | ||
With a copy to: | Coblentz, Patch, Duffy & Bass LLP | |
One Ferry Building | ||
Suite 200 | ||
San Francisco, California 94111 | ||
Attention: Danna Kozerski | ||
Fax: (415) 989-1663 | ||
Email: dmk@coblentzlaw.com | ||
And to: | ||
MacFarlane Urban Realty Company | ||
201 Spear Street, 12th Floor | ||
San Francisco, California 94105-1636 | ||
Attention: Thomas C. Klugherz | ||
Fax : (415) 356-2511 | ||
Email: tklugherz@macfarlanepartners.com | ||
To Buyer: | Brocade Communications Systems, Inc. | |
1745 Technology Drive | ||
San Jose, California 95110 | ||
Attention: Michael Hirahara | ||
Fax: (408) 333-8101 | ||
Email: mhirahar@brocade.com | ||
With a copy to | Ellman Burke Hoffman & Johnson | |
601 California Street, 19th Floor | ||
San Francisco, California 94108 | ||
Attention: Jodi Fedor | ||
Fax: (415) 296-1765 | ||
Email: jfedor@ellman-burke.com | ||
To Title Company: | First American Title Insurance Company | |
1737 North First Street, Suite 500 | ||
San Jose, California 95112 | ||
Attention: Liz Zankich | ||
Fax: (408) 451-7928 | ||
Email: lzankich@firstam.com |
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Exhibit A-1 | Existing Parcel Map | |||
Exhibit A-2 | Draft Parcel Map | |||
Exhibit B | List of Contracts | |||
Exhibit C | List of Property Documents | |||
Exhibit D-1 | Option Agreement | |||
Exhibit D-2 | Memorandum of Option Agreement | |||
Exhibit E | Development Services Agreement | |||
Exhibit F-1 | Profit Participation Agreement | |||
Exhibit F-2 | Memorandum of Profit Participation Agreement | |||
Exhibit G | Preliminary Title Report | |||
Exhibit H | Owner’s Certificate | |||
Exhibit I | Deed |
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Exhibit J | Assignment of Contracts | |||
Exhibit K | Assignment of Intangible Property | |||
Exhibit L | Current Development Budget | |||
Exhibit M | Estimate of Accrued Expenses |
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MFP/HUNTER@FIRST OFFICE PARTNERS, LLC | ||||||||||||
a Delaware limited liability company | ||||||||||||
By: | USO AT FIRST, LLC, | |||||||||||
a California limited liability company | ||||||||||||
Its: Administrative Member | ||||||||||||
By: | Technology Station Associates, LLC, | |||||||||||
a California limited liability company | ||||||||||||
Its: Sole Member | ||||||||||||
By: | Hunter/Storm Univ. Station, LLC, | |||||||||||
a California limited liability company | ||||||||||||
Its: Managing Member | ||||||||||||
By: | Hunter/Storm, Inc., | |||||||||||
a Delaware corporation | ||||||||||||
Its: Manager | ||||||||||||
By: | ||||||||||||
Its: President and Secretary |
BROCADE COMMUNICATIONS SYSTEMS, INC., | ||||
a Delaware corporation | ||||
By: | ||||
Its: | ||||
Name: | ||||
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FIRST AMERICAN TITLE INSURANCE COMPANY | ||||
By: | ||||
Its: | ||||
Name: | ||||
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1. | With regard toVance Brown, Inc.: Certificate of Insurance dated 6/28/07; Subcontractor Cost information; Preliminary 20-day Notice from Nor-Cal Steel dated 3/5/08; Draft AIA Documents A111, Draft AIA Document A201, Draft Exhibit E Insurance Provisions. |
2. | Standard Form of Agreement between Owner and Subcontractor dated September 10, 2007, and General Addendum to Agreement between Owner and Subcontractor, each between MFP/Hunter @First Office Partners, LLC andAppian Engineering, Inc. Change Order 2 dated 11/27/07, Change Order 4 dated 12/31/07, Change Order 6 dated 1/30/08, Change Order 8 dated 1/30/08, Change Order 10 dated 2/28/08, Change Order 12 dated 3/31/08; Change Order 13 dated 3/31/08; Change Order 15 dated 3/31/08 |
3. | Standard Form of Agreement between Client and Architect dated December 11, 2007, General Addendum to Agreement between Owner and Consultant dated 12/14/07, and Client/Architect Letter of Agreement dated December 13, 2007 each between MFP/Hunter @First Office Partners, LLC andKorth Sunseri Hagey Architects Work Authorization WA-1 dated 1/24/08 Work Authorization WA-5 dated 4/17/08 |
4. | Terms of Agreement Geotechnical Services for @First Project, San Jose, CA dated October 10, 2007, General Addendum to Agreement between Owner and Consultant dated October 10, 2007 each between MFP/Hunter @First Office Partners, LLC andBay Area Geotechnical Group, and Proposal for Geotechnical Engineering Investigation dated April 2, 2007 addressed to Hunter Properties Addendum to Proposal dated May 10, 2007 Revised Proposal dated January 9, 2008 |
5. | Proposal to Provide Landscape Services and General Addendum to Agreement between Owner and Consultant, each dated February 8, 2008 between MFP/Hunter @First Office Partners, LLC andThe Guzzardo Partnership, Inc. Additional Scope for Landscape Services dated February 8, 2008 |
6. | Agreement between Client and Consultant and General Addendum to Agreement between Owner and Consultant, each dated March 5, 2008 between MFP/Hunter @First Office Partners, LLC andKier and Wright | |
7. | Letter of Agreement for Structural Engineering Peer Review Services dated October 22, 2007 and General Addendum to Agreement between Owner and Consultant dated November ___, 2007, each between MFP/Hunter @First Office Partners, LLC andKPFF Consulting Engineers |
1. | Bay Area Geotechnical Group |
• | Report Geotechnical Consultation Fill Placement 7/2/07 and 7/6/07 | ||
• | Memo dated 6/22/07 — URS Corp. Review of 6/18/07 Bay Area Geotechnical Group Report | ||
• | Memo dated 7/31/07 — Bay Area Geotechnical Group Response to URS Review | ||
• | Geotechnical Engineering Investigation Report dated October 2007 (Separate CD) | ||
• | Indicator Pile Test Program Report dated 1/14/08 (Separate CD) |
2. | AST Phase I Preliminary Environmental Report May 2007 |
• | Proposal — Phase I Update 8/8/06 | ||
• | Phase 1 Preliminary Environmental Site Assessment 5/8/07 |
1. | Denise Duffy & Associates, Inc. |
• | Environmental Scope Proposal — Initial Study 6/6/06 | ||
• | Additional Services for Palm Site Initial Study 6/22/06 | ||
• | Site GPA Proposal — Scope Amendment IS/ND 9/6/06 | ||
• | Environmental Services Scope Proposal — Fill Permit and EIR Addendum 3/15/07 | ||
• | Draft EIR Addendum and Exhibits 6/11/07; Final Addendum & Exhibits 8/28/07 | ||
• | Final Initial Study for Palm Site General Plan Amendment date October 2006 WITHOUT Appendices or Technical Studies |
2. | HT Harvey & Associates (Burrowing Owl Relocation) |
• | Burrowing Owl Survey 6/16/06 | ||
• | Agreement for ecological consulting services 5/25/06 (signed) | ||
• | Proposal dated 8/9/07, contract dated 8/9/07, insurance certificates dated 8/10/07 | ||
• | Burrowing owl and raptor survey 8/15/07 |
3. | Traffic Analysis |
• | Budget Amendment for Fehr and Peers Assoc, Inc. Shared Parking Analysis 8/6/07 | ||
• | Fehr and Peers Assoc, Inc. Proposal to conduct a Shared Parking Analysis 6/11/07 | ||
• | Fehr and Peers Assoc, Inc. Shared Parking Analysis 8/15/07 | ||
• | BCV Parking Calculations 8/15/07 | ||
• | Fehr and Peers Assoc, Inc. Budget Amendment 10/11/07 |
4. | Hexagon Transportation Consultants |
• | Proposal to prepare a traffic operations analysis and shared parking analysis 4/24/07 (signed) | ||
• | Letter to Curtis Leigh re: Additional Services Required 5/23/07 | ||
• | Conceptual Roadway Design 5/15/07 |
5. | Kier & Wright |
• | Stormwater Quality Control Plan 5/18/07 |
6. | Schaaf & Wheeler |
• | Letter re: Flooding Conditions 5/21/07 |
7. | Mei Wu Acoustics |
• | Project Traffic Noise Impact Study 4/16/07 |
8. | LEED (Leadership in Energy and Environmental Design) |
• | US Green Building Council and LEED presentation packet 6/4/07 | ||
• | ICSC Green Initiative Convention Summary | ||
• | Registered project checklist | ||
• | Magazine Article | ||
• | LEED Green Building Rating System for Core & Shell Dev checklist 6/13/07 |
9. | JCP Reports |
• | Natural Hazard Disclosure Report For Parcels 097-03-079, -085, -087, and -108 |
1. | Title Report from First American Title Company |
• | Electronic format dated 1/15/08 linked to all underlying exceptions |
2. | ALTA survey from Kier and Wright |
• | Dated August 2007 (Sent Directly) |
1. | Building Square Footage Area Calculations |
• | Dated 8/6/07 |
2. | Plans and Specifications |
• | See last 3 Pages of this Exhibit |
3. | Construction Documents |
• | See last 3 Pages of this Exhibit |
4. | Site Plans |
• | Dated January 4, 2008 — Sheet A1.01 of Set of Plans |
5. | Draft Condominium Plan |
• | Dated April 2008 |
1. | City of San Jose- Postings |
• | Declaration of Posting 5/25/06 |
2. | City of San Jose |
• | North San Jose Area Development Policy | ||
• | Application for General Plan Amendment 4/25/06, revised 8/2/06, with Development Services Claim for Refund 11/3/06 | ||
• | Preliminary Review Questionnaire 8/21/06 | ||
• | Initial Study for Palm Site General Plan Amendment 10/06 | ||
• | PD zoning / PD permits/ building permits, meeting minutes 11/1/06 | ||
• | General Plan amendment staff report 11/13/06 | ||
• | Memo from Planning Commission to Mayor and City Council Recommendation to approve General Plan Amendment 11/20/06 | ||
• | Notice of Determination for Mitigated Negative Declaration 12/19/06 Endorsement | ||
• | Comprehensive Review Application 3/1/07 | ||
• | Memo re Redevelopment Agency of the City of San Jose Design Review Comments 3/21/07 | ||
• | Memo -Response to Preliminary Development Application 3/28/07 | ||
• | Preliminary Comprehensive Review Comments from City of San Jose | ||
• | Office of Economic Development letter 4/25/07 | ||
• | Application for rezoning 4/26/07 | ||
• | Memo — Framework as a guideline, to evaluate proposed conversions of employment lands to other uses from Joseph Horwedel to Mayor and City Council 4/27/07 | ||
• | Memo — Framework to evaluate proposed conversion of employment lands From Mayor Chuck Reed to City Council | ||
• | Application for Office Site Development Permit 5/3/07 | ||
• | Kier & Wright to Ryan Do, City of San Jose w/ attached grading plan 6/21/07 | ||
• | Resolution Approving Vacation of Holger Way dated 6/12/07 | ||
• | City of San Jose Site Development Permit Comments dated 6/13/07 | ||
• | Hunter/Storm Response spreadsheet dated 6/19/07 | ||
• | Curtis Leigh Memo summarizing responses dated 7/2/07 | ||
• | City of San Jose letter to Deke Hunter Re: Conforming Conventional Zoning for an outstanding balance 7/2/07 | ||
• | Letter from City of San Jose re: @First Roadways Design 7/17/07 | ||
• | Re-submittal of Site Development Permit and full set of revised plans dated 7/24/07 To City of San Jose including memo from Kier and Wright (no date), Korth, Sunseri & Hagey dated 7/11/07, and Guzzardo dated 7/12/07 | ||
• | City of San Jose Site Development Permit Comments dated 8/13/07 | ||
• | Community Meeting Summary 8/13/07 | ||
• | City of San Jose Public Works comments to Site Development Permit 8/15/07 | ||
• | Hunter/Storm Response to City comments dated 8/20/07 | ||
• | Fill Permit dated 8/22/07 |
• | Site Development Permit Submittal 9/13/07 | ||
• | Public Works Final Response 10/17/07 | ||
• | Site Development Permit 10/19/07 | ||
• | Building Permit Application Receipts 11/15/07 | ||
• | Application for General Plan Amendment 2/1/08 | ||
• | Grading Permit Application 2/11/08 |
3. | Santa Clara Valley Water District |
• | Application to drill exploratory borings 4/16/07 |
4. | State Water Resources Control Board |
• | Notice of Intent 7/6/07 |
1. | 2007-08 Property Tax Bills | |
2. | Parcel Number Designations |
• | Based on Recorded Parcel Map 8/18/07 |
3. | Supplemental Tax Notices 2007-08 | |
4. | Parcel Map for Parcel 2 1/25/08 |
• | City comments on 1st submittal | ||
• | Parcel Map—2nd submittal |
5. | Draft Vesting Tentative Map 1/08 |
1. | Owner Interest (and Excess Liability) Policy | |
2. | Pollution Legal Liability | |
3. | Contractor Pollution Liability | |
4. | OCIP |
• | Wrap-Up Insurance Manual Template | ||
• | Coverage not yet bound, but firm price quote |
5. | Insurance Summary and OCIP Summary |
1. | At First Master Association CC&Rs |
• | Dated 10/31/07 |
2. | At First Master Association Bylaws |
• | Action by Unanimous Written Consent 10/31/07 |
3. | At First Master Association Articles of Organization |
• | Dated 10/13/07 |
4. | Construction and Reimbursement Agreement |
• | Dated 10/31/07 |
5. | Option to Grant Easement (Parking) |
• | Dated 10/31/07 |
1. | City of San Jose — Final Environmental Impact Report — 3COM Site X Project |
• | Includes Draft of Environmental Impact Report 3COM Corp Site X Project 3/97 | ||
• | Includes City of San Jose First Amendment — Draft Environmental Impact Report 6/97 |
2. | Disclosure Source (Natural hazard Reference Map) |
• | Natural Hazard Reference Map | ||
• | Natural Hazard Disclosure Statement | ||
• | Disclosure Source- National Hazard Disclosure Report 2/3/06 |
3. | Environmental Corp Phase I & II Environmental Site Assessment Oct 1, 1996 |
• | Phase I & II Environmental Site Assessment of 2 undeveloped properties located in San Jose, CA 10/1/96 |
4. | Environ Corporation Phase I Environmental Site Assessment Aug 2, 2001 |
• | Phase I Environmental Site Assessment of an undeveloped property located Hwy 237 & N. First Street 8/2/01 |
5. | Environ Corp Phase Environmental Site Assessment July 7, 2000 |
• | Phase I Environmental Site Assessment of an undeveloped property located at Route 237 and N. First Street 7/7/00 |
6. | Treadwell & Rollo — Geotechnical Investigation 3COM, Site “X” Phase 1 Development 4/10/97 | |
7. | Treadwell & Rollo — Geotechnical Investigation Palm Corporate Headquarters 12/1/00 | |
8. | Treadwell & Rollo — Preliminary Geotechnical Investigation Site “X” Due Diligence 8/29/96 | |
9. | Fehr & Peers Assoc, Inc (Palm Campus Driveway OPS) |
• | Memo — Palm Corporate Campus — First and Holger Operations/Lane Configuration 4/27/01 |
• | Memo — Palm Corporate Campus Driveway Operations (Revised) 12/20/00 |
10. | Schaaf and Wheeler (Flooding Study) |
• | Flooding Study 10/2000 | ||
• | Draft Site X Flooding Study prepared for 3COM Corp 1/1997 | ||
• | Site X Flooding Study prepared for the City 2/1997 |
11. | City of San Jose (Site Development Permit) |
• | 3COM Dept of City Planning Site Development Permit 6/25/97 |
12. | City of San Jose (Surplus Caltrans Land) |
• | Letter from City of San Jose to CALTrans re surplus land 4/2/97 | ||
• | Letter from CALTrans to 3COM 9/28/99 | ||
• | Letter from 3COM to CALTrans 10/12/99 | ||
• | Letter from CALTrans to 3COM 10/18/99 | ||
• | Letter from CALTrans to 3COM 11/14/99 | ||
• | Holger Way vacant land appraisal draft 12/10/99 |
13. | City of San Jose Dev. Agreement (City of San Jose & 3COM) |
• | Development agreement City of San Jose & 3COM 8/5/97 | ||
• | First Amendment to Development Agreement 3/21/00 | ||
• | Second Amendment to Development Agreement 11/1/02 |
14. | Rolf Jensen & Associates |
• | Letter reviewing Fire Protection Issues related to Natural Gas line 10/20/00 | ||
• | Analysis of Pipeline Fire Hazard to Windows planned for the Palm Campus, Weidlinger & Associates, Inc Report 10/20/00 |
15. | HT Harvey & Associates (Burrowing Owl Relocation) |
• | Draft — 3rd Annual and Final Report for 3COM Corporation Burrowing Owl Relocation 11/30/99 | ||
• | 3COM North Burrowing Owl Active Relocation and Monitoring Plan 1/20/97 | ||
• | Annual Report for 3COM North Burrowing Owl Active Relocation 1/27/97 | ||
• | Second Annual Report for 3COM Corporation Burrowing Owl Relocation 10/27/98 |
16. | Site X Reports |
• | Final Report Microclimate Design Review Proposed Palm Computing Campus 2/23/01 | ||
• | MUNICON Consultants for Treadwell & Rollo — Palm Headquarters Vibration Monitoring 2/14/01 | ||
• | Treadwell & Rollo Results of Indicator Pile Driving Program and Vibration monitoring Palm Corporate Campus 2/28/01 | ||
• | Kier & Wright 3COM Site X — abandonment of Holger Way 5/23/97 |
PLANS AND SPECIFICATIONS FOR THE PHASE I PROJECT
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To Seller: | MFP/Hunter@First Office Partners, LLC | |
10121 Miller Avenue, Suite 200 | ||
Cupertino, California 95014 | ||
Attention: Derek K. Hunter, Jr | ||
Fax: 408-255-4100 | ||
Email: deke@hunterproperties | ||
With a copy to: | MacFarlane Urban Realty Company | |
201 Spear Street, 12th Floor | ||
San Francisco, California 94105-1636 | ||
Attention: Thomas C. Klugherz | ||
Fax.: (415) 356-2511 | ||
Email: tklugherz@macfarlanepartners.com | ||
With a copy to | Coblentz, Patch, Duffy & Bass LLP | |
One Ferry Building | ||
Suite 200 | ||
San Francisco, California 94111 | ||
Attention: Danna Kozerski | ||
Fax: (415) 989-1663 | ||
Email: dmk@coblentzlaw.com | ||
To Buyer: | Brocade Communications Systems, Inc. | |
1745 Technology Drive | ||
San Jose, California 95110 | ||
Attention: Michael Hirahara | ||
Fax: (408) 333-8101 | ||
Email: mhirahar@brocade.com | ||
With a copy to | Ellman Burke Hoffman & Johnson | |
601 California Street, 19th Floor | ||
San Francisco, California 94108 | ||
Attention: Jodi Fedor | ||
Fax: (415) 296-1765 | ||
Email: jfedor@ellman-burke.com |
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MFP/HUNTER@FIRST OFFICE PARTNERS, LLC | ||||||||||||
a Delaware limited liability company | ||||||||||||
By: | USO AT FIRST, LLC, | |||||||||||
a California limited liability company | ||||||||||||
Its: Administrative Member | ||||||||||||
By: | Technology Station Associates, LLC, | |||||||||||
a California limited liability company | ||||||||||||
Its: Sole Member | ||||||||||||
By: | Hunter/Storm Univ. Station, LLC | |||||||||||
a California limited liability company | ||||||||||||
Its: Managing Member | ||||||||||||
By: | Hunter/Storm, Inc. | |||||||||||
a Delaware corporation | ||||||||||||
Its: Manager | ||||||||||||
By: | ||||||||||||
Its: President and Secretary |
BROCADE COMMUNICATIONS SYSTEMS, INC., | ||||
a Delaware corporation | ||||
By: | ||||
Vice President of Finance and Chief Financial Officer | ||||
Dated: May ___, 2008 |
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Seller’s | Buyer’s | |||||||||||||||||||
Initials: | Initials: | |||||||||||||||||||
Buyer’s | ||||
Initials: | ||||
To Seller: | MFP/Hunter@First Office Partners, LLC | |
10121 Miller Avenue, Suite 200 | ||
Cupertino, California 95014 | ||
Attention: Derek K. Hunter, Jr. | ||
Fax: (408) 255-4100 | ||
Email: deke@hunterproperties.com | ||
With a copy to: | MacFarlane Urban Realty Company | |
201 Spear Street, 12th Floor |
San Francisco, California 94105-1636 | ||
Attention: Thomas C. Klugherz | ||
Fax No.: 15) 356-2511 | ||
Email: tklugherz@macfarlanepartners.com | ||
With a copy to: | Coblentz, Patch, Duffy & Bass LLP | |
One Ferry Building | ||
Suite 200 | ||
San Francisco, California 94111 | ||
Attention: Danna Kozerski | ||
Fax: (415) 989-1663 | ||
Email: dmk@coblentzlaw.com | ||
To Buyer: | Brocade Communications Systems, Inc. | |
1745 Technology Drive | ||
San Jose, California 95110 | ||
Attention: Michael Hirahara | ||
Fax: (408) 333-8101 | ||
Email: mhirahar@brocade.com | ||
With a copy to | Ellman Burke Hoffman & Johnson | |
601 California Street, 19th Floor | ||
San Francisco, California 94108 | ||
Attention: Jodi Fedor | ||
Fax: (415) 296-1765 | ||
Email: jfedor@ellman-burke.com | ||
To Title Company: | First American Title Insurance Company | |
1737 North First Street, Suite 500 | ||
San Jose, California 95112 | ||
Attention: | ||
Fax: | ||
Email: |
Exhibit A-1 | Legal Description | |||
Exhibit A-2 | Parcel Map | |||
Exhibit A-3 | Condominium Plan | |||
Exhibit B | Preliminary Title Report | |||
Exhibit C | Owner’s Certificate | |||
Exhibit D | Deed | |||
Exhibit E | Assignment of Intangible Property |
MFP/HUNTER@FIRST OFFICE PARTNERS, LLC | ||||||||||||
a Delaware limited liability company | ||||||||||||
By: | USO AT FIRST, LLC, | |||||||||||
a California limited liability company | ||||||||||||
Its: Administrative Member | ||||||||||||
By: | Technology Station Associates, LLC, | |||||||||||
a California limited liability company | ||||||||||||
Its: Sole Member | ||||||||||||
By: | Hunter/Storm Univ. Station, LLC | |||||||||||
a California limited liability company | ||||||||||||
Its: Managing Member | ||||||||||||
By: | Hunter/Storm, Inc. | |||||||||||
a Delaware corporation | ||||||||||||
Its: Manager | ||||||||||||
By: | ||||||||||||
Derek K. Hunter, Jr. | ||||||||||||
Its: President and Secretary |
BROCADE COMMUNICATIONS SYSTEMS, INC., | ||||
a Delaware corporation | ||||
By: | ||||
Its: | ||||
Name: | ||||
By: | ||||
Its: | ||||
Name: | ||||
By: | ||||||
Print Name: | ||||||
Its | ||||||
Dated: | ||||||
Order Number: NCS-335499-SC | ||
Page Number: 1 |
Updated to May 6, 2008 |
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Hunter Properties, Inc.
6972 Wapiti Court
Boulder, CO 80301
Phone: (303)581-9444
Escrow Officer: | Liz Zankich | |
Phone: | (408)451-7898 | |
Owner: | MFP/Hunter First Office Partners, LLC | |
Property: | Parcel 4/Unit 2, San Jose, CA |
Order Number: NCS-335499-SC | ||
Page Number: 2 |
ALTA Owner’s Policy (10-17-92) |
A specific request should be made if another form or additional coverage is desired. |
MFP/HUNTER@FIRST OFFICE PARTNERS, LLC, a Delaware limited liability company |
Fee Simple |
1. | General and special taxes and assessments for the fiscal year 2008-2009, a lien not yet due or payable. | |
2. | The lien of supplemental taxes, if any, assessed as a result of an event occurring on or after the date of this policy, pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. | |
3. | The fact that the land lies within the boundaries of the Rincon de los Esteros Redevelopment Project Area, as disclosed by the document recorded July 11, 1975 as Book B502, Page 711 of Official Records. | |
Document(s) declaring modifications thereof recorded August 6, 1979 as Book E699, Page 245 and August 6, 1979 as Book E699, Page 277, both of Official Records. | ||
Document(s) declaring modifications thereof recorded December 21, 1979 as Book F037, Page 585 of Official Records. | ||
Document(s) declaring modifications thereof recorded October 8, 1981 as Book G382, Page 605 of Official Records. |
Order Number: NCS-335499-SC | ||
Page Number: 3 |
Document(s) declaring modifications thereof recorded July 28, 1982 as Book G929, page 703 of Official Records. | ||
Document(s) declaring modifications thereof recorded September 14, 1983 as Book H892, Page 200 of Official Records. | ||
Document(s) declaring modifications thereof recorded January 9, 1984 as Book 1220, Page 271 of Official Records. | ||
Document(s) declaring modifications thereof recorded December 17, 1987 as Book K394, Page 143 of Official Records. | ||
Document(s) declaring modifications thereof recorded May 5, 1988 as Book K524, Page 532 of Official Records. | ||
Document(s) declaring modifications thereof recorded January 6, 1992 as Book L996, Page 508 of Official Records. | ||
Document(s) declaring modifications thereof recorded October 2, 2007 as Document No. 19603127 of Official Records. | ||
4. | An easement shown or dedicated on the map filed or recorded December 22, 1983 as Book 523, |
Pages 7, 8 and 9 of Maps | |||
For: | Public Service Easement and incidental purposes. |
5. | The terms and provisions contained in the document entitled “Memorandum of Agreement” recorded February 28, 1985 as Book J280, Page 279 of Official Records. | |
6. | Abutter’s rights or ingress and egress to or from Highway 237 have been relinquished in the document recorded March 30, 1994 as Document No. 12426626, Book N373, Page 560 of Official Records. | |
7. | The terms and provisions contained in the document entitled “Release Agreement and Covenant Not To Sue” recorded September 5, 2000 as Document No. 15378584 of Official Records. | |
8. | The terms and provisions contained in the document entitled “Release Agreement and Covenant Not To Sue” recorded September 5, 2000 as Document No. 15378586 of Official Records. | |
9. | Covenants, conditions, restrictions, easements, assessments, liens, charges, terms and provisions in the document recorded October 31, 2007 as Document No. 19634748 of Official Records, which provide that a violation thereof shall not defeat or render invalid the lien of any first mortgage or deed or trust made in good faith and for value, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, national origin, sexual orientation, marital status, ancestry, source of income or disability, to the extent such covenants, conditions or restrictions violate Title 42, Section 3604(c), of the United States Codes. Lawful restrictions under state and federal law on the age or occupants in senior housing or housing For older persons shall not be construed as restrictions based on familial status. |
Order Number: NCS-335499-SC | ||
Page Number: 4 |
First Supplemental Declaration or Covenants, Conditions, Restrictions and Reciprocal Easements recorded , 2008 as Instrument No. , both of Official Records. | ||
10. | A Deed of Trust to secure an original indebtedness of $17,000,000,00 recorded October 31, 2007 as Document No. 19634750 of Official Records. |
Dated: | October 31, 2007 | ||
Trustor: | MFP/HUNTER @FIRST OFFICE PARTNERS, LLC, a Delaware limited liability company | ||
Trustee: | CHICAGO TITLE COMPANY | ||
Beneficiary: | WACHOVIA BANK, NATIONAL ASSOCIATION, a national banking association |
A document entitled “Assignment or Leases and Rents” recorded October 31, 2007 as Document No. 19634751 of Official Records, as additional security for the payment or the indebtedness secured by the deed or trust. | ||
A document recorded May 5, 2008 as Instrument No. 19841501 of Official Records provides that First American Title Insurance Company was substituted as trustee under the deed of trust. | ||
Partial Reconeyance recorded May 5, 2008 as Instrument No. 19841504, Official Records. | ||
11. | A financing statement recorded October 31, 2007 as Document No. 19634752 of Official Records. |
Debtor: | MFP/HUNTER @FIRST OFFICE PARTNERS, LLC | ||
Secured party: | WACHOVIA BANK, NATIONAL ASSOCIATION |
An amendment to the financing statement was recorded May 6, 2008 as Instrument No. 19843168 of Official Records. | ||
12. | The terms and provisions contained in the document entitled “Memorandum or Construction and Reimbursement Agreement” recorded October 31, 2007 as Document No. 19634753 of Official Records. | |
13. | This item has been intentionally deleted. | |
14. | TERMS AND CONDITIONS of that certain Permit |
File No.: | H07-018 | ||
Disclosed By: | Certificate or Permit | ||
Recorded: | November 5, 2007 as Document No. 19644216, Official Records |
Reference is hereby made to the record for particulars. | ||
15. | An easement shown or dedicated on the Map as referred to in the legal description |
For: | Public Service Easement and incidental purposes. |
16. | An easement shown or dedicated on the Map as referred to in the legal description |
For: | Emergency Access Easement and incidental purposes. |
Order Number: NCS-335499-SC | ||
Page Number: 5 |
17. | An easement shown or dedicated on the Map as referred to in the legal description |
For: | Sidewalk Easement and incidental purposes. |
18. | An easement shown or dedicated on the Map as referred to in the legal description |
For: | Bicycle Path Easement and incidental purposes. |
19. | An easement shown or dedicated on the Map as referred to in the legal description |
For: | Private Ingress and Egress Easement and incidental purposes. |
20. | Any facts, rights, interests or claims that may exist or arise by reason of the matters disclosed by that certain ALTA/ACSM survey made by Kier & Wright dated May 16, 2008. | |
21. | Rights or parties in possession. | |
22. | Covenants, conditions, restrictions, easements, assessments, liens, charges, terms and provisions in the document entitled “Declaration of Covenants, Conditions and Restrictions for Parcel 5 at First Garage Condominiums, a Commercial/Industrial Project” recorded , 2008 as Instrument No. of Official Records, which provide that a violation thereof shall not defeat or render invalid the lien of any first mortgage or deed of trust made in good faith and for value, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, national origin, sexual orientation, marital status, ancestry, source of income or disability, to the extent such covenants, conditions or restrictions violate Title 42, Section 3604(c), of the United States Codes. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status. | |
23. | The terms, provisions and easements contained in the document entitled “Declaration of Reciprocal Easements @First Office Project” recorded , 2008 as Instrument No. of Official Records. | |
24. | The terms and provisions contained in the document entitled “Parking Easement Agreement” recorded , 2008 as Instrument No. of Official Records. |
Order Number: NCS-335499-SC | ||
Page Number: 6 |
1. | The property covered by this report is vacant land. | |
2. | According to the public records, there has been no conveyance of the land within a period of twenty four months prior to the date of this report, except as follows: | |
A document recorded June 20, 2007 as Document No. 19476403 of Official Records. |
From: | Palm, Inc., a Delaware Corporation | ||
To: | TSA at First, LLC, a Delaware limited liability company |
A document recorded October 31, 2007 as Document No. 19634749 of Official Records. |
From: | TSA AT FIRST, LLC, a Delaware limited liability company | ||
To: | MFP/HUNTER@FIRST OFFICE PARTNERS, LLC, a Delaware limited liability company |
3. | Short term rate applies. | |
4. | Should this report be used to facilitate your transaction, we must be provided with the following prior to the issuance of the policy: |
A. | WITH RESPECT TO A CORPORATION: |
a. | A certificate of good standing of recent date issued by the Secretary of State of the corporation’s state of domicile. | ||
b. | A certificate copy of a resolution of the Board of Directors authorizing the contemplated transaction and designating which corporate officers shall have the power to execute on behalf of the corporation. | ||
c. | Requirements which the Company may impose following its review of the above material and other information which the Company may require. |
B. | WITH RESPECT TO A CALIFORNIA LIMITED PARTNERSHIP: |
a. | A certified copy or the certificate of limited partnership (form LP-1)and any amendments thereto (form LP-2) to be recorded in the public records; | ||
b. | A full copy of the partnership agreement and any amendments; | ||
c. | Satisfactory evidence of the consent of a majority in interest of the limited partners to the contemplated transaction; | ||
d. | Requirements which the Company may impose following its review of the above material and other information which the Company may require. |
Order Number: NCS-335499-SC Page Number: 7 |
C. | WITH RESPECT TO A FOREIGN LIMITED PARTNERSHIP: |
a. | A certified copy of the application for registration, foreign limited partnership (form LP-5) and any amendments thereto (form LP-6) to be recorded in the public records; | ||
b. | A full copy of the partnership agreement and any amendment; | ||
c. | Satisfactory evidence of the consent of a majority in interest of the limited partners to the contemplated transaction; | ||
d. | Requirements which the Company may impose following its review or the above material and other information which the Company may require. |
D. | WITH RESPECT TO A GENERAL PARTNERSHIP: |
a. | A certified copy of a statement of partnership authority pursuant to Section 16303 of the California Corporation Code (form GP-I), executed by at least two partners, and a certified copy of any amendments to such statement (form GP-7), to be recorded in the public records; | ||
b. | A full copy of the partnership agreement and any amendments; | ||
c. | Requirements which the Company may impose following its review of the above material required herein and other information which the Company may require. |
E. | WITH RESPECT TO A LIMITED LIABILITY COMPANY: |
a. | A copy of its operating agreement and any amendments thereto; | ||
b. | If it is a California limited liability company, a certified copy of its articles of organization (LLC-1) and any certificate of correction (LLC-11), certificate of amendment (LLC-2), or restatement of articles of organization (LLC-10) to be recorded in the public records; | ||
c. | If it is a foreign limited liability company, a certified copy of its application for registration (LLC-5) to be recorded in the public records; | ||
d. | With respect to any deed, deed of trust, lease, subordination agreement or other document or instrument executed by such limited liability company and presented for recordation by the Company or upon which the Company is asked to rely, such document or instrument must be executed in accordance with one of the following, as appropriate: |
(i) | If the limited liability company properly operates through officers appointed or elected pursuant to the terms of a written operating agreement, such documents must be executed by at least two duly elected or appointed officers, as follows: the chairman of the board, the president or any vice president, and any secretary, assistant secretary, the chief financial officer or any assistant treasurer; |
Order Number: NCS-335499-SC Page Number: 8 |
(ii) | If the limited liability company properly operates through a manager or managers identified in the articles of organization and/or duly elected pursuant to the terms of a written operating agreement, such document must be executed by at least two such managers or by one manager if the limited liability company properly operates with the existence of only one manager. |
e. | Requirements which the Company may impose following its review of the above material and other information which the Company may require. |
F. | WITH RESPECT TO A TRUST: |
a. | A certification pursuant to Section 18500.5 of the California Probate Code in a form satisfactory to the Company. | ||
b. | Copies of those excerpts from the original trust documents and amendments thereto which designate the trustee and confer upon the trustee the power to act in the pending transaction. | ||
c. | Other requirements which the Company may impose following its review of the material require herein and other information which the Company may require. |
G. | WITH RESPECT TO INDIVIDUALS: |
a. | A statement of information. |
Order Number: NCS-335499-SC Page Number: 9 |
Order Number: NCS-335499-SC Page Number: 10 |
Order Number: NCS-335499-SC Page Number: 11 |
1. | A seller who is an individual with a last known street address outside of California or when the disbursement instructions authorize the proceeds be sent to a financial intermediary of the seller, OR | |
2. | A corporate seller which has no permanent place of business in California. |
1. | The sales price of the California real property conveyed does not exceed one hundred thousand dollars ($100,000), OR | |
2. | The seller executes a written certificate, under the penalty of perjury, certifying that the seller is a resident of California, or if a corporation, has a permanent place of business in California, OR | |
3. | The seller, who is an individual, executes a written certificate, under the penalty of perjury, that the California real property being conveyed is the seller’s principal residence (as defined in Section 1034 of the Internal Revenue Code). |
Franchise Tax Board
Withhold at Source Unit
P.O. Box 651
Sacramento, CA 95812-0651
(916) 845-4900
Order Number: NCS-335499-SC | ||
Page Number: 12 |
• | Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means; | |
• | Information about your transactions with us, our affiliated companies, or others; and | |
• | Information we receive from a consumer reporting agency. |
Order Number: NCS-335499-SC | ||
Page Number: 13 |
Order Number: NCS-335499-SC | ||
Page Number: 14 |
LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (BY POLICY TYPE)
SCHEDULE B
1. | Taxes or assessment which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notice of such proceedings, whether or not shown by the records of such agency or by the public records. | |
2. | Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. | |
3. | Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. | |
4. | Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. | |
5. | (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts, authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the public records. |
1. | (a) Any law ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land: (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a pert; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. | |
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. |
2. | Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser far value without knowledge. | |
3. | Defects, liens, encumbrances, adverse claims or other matters: | |
(a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; | ||
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; | ||
(c) resulting in no loss or damage to the insured claimant; | ||
(d) attaching or created subsequent to Date of Policy; or | ||
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. | ||
4. | Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable “doing business” laws of the state in which the land is situated. | |
5. | Invalidity or enforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. | |
6. | Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by their policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditor’s rights laws. |
SCHEDULE OF EXCLUSIONS FROM COVERAGE
1. | Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions of area of the land, or the effect of any violation of any such law, ordinance or governmental regulation. | |
2. | Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. | |
3. | Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured claimant to the Company prior to the |
Order Number: NCS-335499-SC | ||
Page Number: 15 |
WITH REGIONAL EXCEPTIONS
Part One
1. | Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. |
2. | Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons, in possession thereof. | |
3. | Easements, claims of easement or encumbrances which are not shown by the public records. | |
4. | Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. | |
5. | Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. | |
6. | Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. |
WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE
SCHEDULE OF EXCLUSIONS FROM COVERAGE
1. | Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law ordinance or governmental regulation. | |
2. | Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. | |
3. | Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant, (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder, (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent insurance is afforded herein as to any statutory lien for labor or material or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy). | |
4. | Unenforceability of the lien of the insured mortgage because of failure of the insured at Date of Policy or of any subsequent owner of the indebtedness to comply with applicable “doing business” laws of the state in which the land is situated. |
WITH REGIONAL EXCEPTIONS
Part One
1. | Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. | |
2. | Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. | |
3. | Easements, claims of easement or encumbrances which are not shown by the public records. | |
4. | Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. | |
5. | Unpatented mining claims, reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims title to water. |
Order Number: NCS-335499-SC | ||
Page Number: 16 |
6. | Any lien, or right to a lien, for services, labor or material theretofore or hereafter finished, imposed by law and not shown by the public records. |
WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE
EXCLUSIONS FROM COVERAGE
1. | (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy; | |
(b)Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. |
2. | Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. | |
3. | Defects, liens, encumbrances, adverse claims, or other matters; | |
(a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; | ||
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; | ||
(c) resulting in no loss or damage to the insured claimant; | ||
(d) attaching or created sub-sequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services, labor or material or the extent insurance is afforded herein as to assessments for street improvements under construction or completed at date of policy); or | ||
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage. | ||
4. | Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable “doing business” laws of the state in which the land is situated. | |
5. | Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. | |
6. | Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance. | |
7. | Any claim, which arises out of the transaction creating the interest of the mortgagee 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. |
WITH REGIONAL EXCEPTIONS
1. | Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments, on real property or by the public records. | |
2. | Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. | |
3. | Easements, claims of easement or encumbrances which are not shown by the public records. | |
4. | Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. | |
5. | Unparented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. |
Order Number: NCS-335499-SC Page Number: 17 |
6. | Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by Iaw and not shown by the public records. |
EXCLUSIONS FROM COVERAGE
1. | (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. |
2. | Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. |
3. | Defects, liens, encumbrances, adverse daims, or other matters: |
4. | Any daim, 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: |
WITH REGIONAL EXCEPTIONS
1. | Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. | |
2. | Any facts, rights, interests, or daims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. | |
3. | Easements, claims of easement or encumbrances which are not shown by the public records. | |
4. | Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. | |
5. | Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. | |
6. | Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. |
TITLE INSURANCE POLICY- 1987
EXCLUSIONS
Oder Number: NCS-335499-SC | ||
Page Number: 18 |
1. | Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning: |
• land use | • land division | |||
• improvements on the land | • environmental protection |
This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage described in items 12 and 13 of Covered Title Risks. |
2. | The right to take the land by condemning it, unless: |
• | a notice of exercising the right appears in the public records on the Policy Date | ||
• | the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking. |
3. | Title Risks: |
• | that are created, allowed, or 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 result in no kiss to you | ||
• | that first affect your title after the Policy Date — this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks |
4. | Failure to pay value for your title. | |
5. | Lack of a right: |
• | to any land outside the area specifically described and referred to in Item 3 of Schedule A, or | ||
• | in streets, alleys, or waterways that touch your land |
ALTA HOMEOWNER’S POLICY OF TITLE INSURANCE — 1998
are subject to Deductible Amounts and Maximum Dollar Limits of Liability
1. | Governmental police power, and the existence or violation of any law or government regulation. This includes ordinances, laws and regulations concerning: |
a. building | b. zoning | |||
c. land use | d. improvements on the land | |||
e. land division | f. environmental protection |
This exclusion does not apply to violations or the enforcement of these matters if notice of the violation or enforcement appears in the Public Records at the Policy Date. | ||
This exclusion does not limit the coverage described in Covered Risk 14,15, 16, 17 or 24. | ||
2. | The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not apply to violations of building codes if notice of the violation appears in the Public Records at the Policy Date. | |
3. | The right to take the Land by condemning it, unless: |
4. | Risks: |
5. | Failure to pay value far Your Title. | |
6. | Lack of a right: |
This exclusion does not limit the coverage described in Covered Risk 11 or 18. |
WITH EAGLE PROTECTION ADDED
Order Number: NCS-335499-SC Page Number: 19 |
1. | (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement now or hereafter erected on the Land; (iii) a separation in ownership or a change in the dimensions or area of the Land or any parcel of which the Land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the Land has been recorded in the Public Records at Date of Policy. This exclusion does not limit the coverage provided under insuring provisions 14, 15, 16 and 24 of this policy. |
2. | Rights of eminent domain unless notice of the exercise thereof has been recorded in the Public Records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without Knowledge. | |
3. | Defects, liens, encumbrances, adverse claims or other matters: |
4. | Unenforceability of the lien of the Insured Mortgage because of the inability or failure of the Insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the Land is situated. | |
5. | Invalidity or unenforceability of the lien of the Insured Mortgage, or claim thereof, which arises out of the transaction evidenced by the Insured Mortgage and is based upon: |
6. | Taxes or assessments of any taxing or assessment authority which become a lien on the Land subsequent to Date of Policy. | |
7. | Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors’ rights laws, that is based on: |
8. | Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This exclusion does not limit the coverage provided under insuring provision 7. | |
9. | Lack of priority of the lien of the Insured Mortgage as to each and every advance made after Date of Policy, and all interest charged thereon, over liens, encumbrances and other matters affecting title, the existence of which are Known to the Insured at: |
1. | Environmental protection liens provided for by the following existing statutes, which liens will have priority over the lien of the Insured Mortgage when they arise: NONE. |
WITH EAGLE PROTECTION ADDED
WITH REGIONAL EXCEPTIONS
Order Number: NCS-335499-SC Page Number: 20 |
1. | Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. |
2. | Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said I and or by making inquiry of persons in possession thereof. | |
3. | Easements, claims of easement or encumbrances which are not shown by the public records. | |
4. | Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. | |
5. | Unpatented mining claims; reservations or exceptions in patents or in acts authorizing the issuance thereof; water rights, claims or title to water. | |
6. | Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. |
1. | Environmental protection liens provided for by the following existing statutes, which liens will have priority over the lien of the Insured Mortgage when they arise: NONE |
RECORDING REQUESTED BY: |
WHEN RECORDED, MAIL TO: |
Brocade Communication Systems, Inc. |
1745 Technology Drive |
San Jose, CA 95110 |
Attention: Sr. Director Global |
Real Estate & Facilities |
Exhibit D, Page 1
Exhibit D, Page 2
OWNER: | ||||||||||||
MFP/HUNTER@FIRST OFFICE PARTNERS, LLC, | ||||||||||||
a Delaware limited liability company | ||||||||||||
By: | USO At First, LLC, | |||||||||||
a California limited liability company | ||||||||||||
Its: Administrative Member | ||||||||||||
By: | Technology Station Associates, LLC, | |||||||||||
a California limited liability company | ||||||||||||
Its: Sole Member | ||||||||||||
By: | Hunter/Storm Univ. Station, LLC, | |||||||||||
a California limited liability company | ||||||||||||
Its: Managing Member | ||||||||||||
By: | Hunter/Storm, Inc., | |||||||||||
a Delaware corporation | ||||||||||||
Its: Manager | ||||||||||||
By: | ||||||||||||
Derek K. Hunter, Jr. | ||||||||||||
Its: President and Secretary |
OPTIONEE: | ||||
BROCADE COMMUNICATIONS SYSTEMS, INC., | ||||
a Delaware corporation | ||||
By: | ||||
Richard Deranleau | ||||
Vice President of Finance and Chief Financial Officer |
Exhibit D, Page 3
Exhibit D, Page 4
Exhibit D, Page 5
Exhibit D, Page 6
STATE OF CALIFORNIA | ) | |||||
) | ||||||
COUNTY OF | ) |
(Seal) | |||||
Notary Public | |||||
Exhibit D, Page 7
STATE OF CALIFORNIA | ) | |||||
) | ||||||
COUNTY OF | ) |
(Seal) | |||||
Notary Public | |||||
Exhibit D, Page 8
RECORDING REQUESTED BY: |
WHEN RECORDED, MAIL TO: |
Brocade Communication Systems, Inc. |
1745 Technology Drive |
San Jose, CA 95110 |
Attention: Sr. Director Global |
Real Estate & Facilities |
Exhibit D-2 Page 1 of 6
Exhibit D-2 Page 2 of 6
OWNER: | ||||||||||||
MFP/HUNTER@FIRST OFFICE PARTNERS, LLC | ||||||||||||
a Delaware limited liability company | ||||||||||||
By: | USO AT FIRST, LLC, | |||||||||||
a California limited liability company | ||||||||||||
Its: Administrative Member | ||||||||||||
By: | Technology Station Associates, LLC, | |||||||||||
a California limited liability company | ||||||||||||
Its: Sole Member | ||||||||||||
By: | Hunter/Storm Univ. Station, LLC | |||||||||||
a California limited liability company | ||||||||||||
Its: Managing Member | ||||||||||||
By: | Hunter/Storm, Inc. | |||||||||||
a Delaware corporation | ||||||||||||
Its: Manager | ||||||||||||
By: | ||||||||||||
Derek K. Hunter, Jr. | ||||||||||||
Its: President and Secretary |
OPTIONEE: | ||||
BROCADE COMMUNICATIONS SYSTEMS, INC., | ||||
a Delaware corporation | ||||
By: | ||||
Its: | ||||
Name: | ||||
By: | ||||
Its: | ||||
Name: | ||||
Exhibit D-2 Page 3 of 6
Exhibit D-2 Page 4 of 6
STATE OF CALIFORNIA | ) | |||||
) | ||||||
COUNTY OF | ) |
(Seal) | |||||
Notary Public | |||||
Exhibit D-2 Page 5 of 6
STATE OF CALIFORNIA | ) | |||||||
) | ||||||||
COUNTY OF | ) |
(Seal) | |||||
Notary Public | |||||
Exhibit D-2 Page 6 of 6
Exhibit 10.6 to Brocade Communications Systems, Inc.’s Form 10-Q for the Quarterly
Period ended July 26, 2008.
Exhibit E
Exhibit F-1
1
2
3
4
5
To MFP/Hunter: | MFP/Hunter@First Office Partners, LLC | |
10121 Miller Avenue, Suite 200 | ||
Cupertino, California 95014 | ||
Attention: Derek K. Hunter, Jr | ||
Fax: (408) 255-4100 | ||
Email: deke@hunterproperties.com | ||
With a copy to: | MacFarlane Urban Realty Company | |
201 Spear Street, 12th Floor | ||
San Francisco, California 94105-1636 | ||
Attention: Thomas C. Klugherz | ||
Fax.: (415) 356-2511 | ||
Email: tklugherz@macfarlanepartners.com | ||
With a copy to: | Coblentz, Patch, Duffy & Bass LLP | |
One Ferry Building | ||
Suite 200 | ||
San Francisco, California 94111 | ||
Attention: Danna Kozerski | ||
Fax: (415) 989-1663 | ||
Email: dmk@coblentzlaw.com | ||
To Brocade: | Brocade Communications Systems, Inc. | |
1745 Technology Drive | ||
San Jose, California 95110 | ||
Attention: Michael Hirahara | ||
Fax: (408) 333-8101 | ||
Email: mhirahar@brocade.com | ||
With a copy to | Ellman Burke Hoffman & Johnson | |
601 California Street, 19th Floor | ||
San Francisco, California 94108 | ||
Attention: Jodi Fedor | ||
Fax: (415) 296-1765 | ||
Email: jfedor@ellman-burke.com |
6
7
8
a Delaware limited liability company
By: | USO At First, LLC, | |||||||||||
a California limited liability company | ||||||||||||
Its: Administrative Member | ||||||||||||
By: | Technology Station Associates, LLC, | |||||||||||
a California limited liability company | ||||||||||||
Its: Sole Member | ||||||||||||
By: | Hunter/Storm Univ. Station, LLC, | |||||||||||
a California limited liability company | ||||||||||||
Its: Managing Member | ||||||||||||
By: | Hunter/Storm, Inc., | |||||||||||
a Delaware corporation | ||||||||||||
Its: Manager | ||||||||||||
By: | ||||||||||||
Derek K. Hunter, Jr. | ||||||||||||
Its: President and Secretary |
a Delaware corporation
By: | ||||
Richard Deranleau Vice President of Finance and Chief Financial Officer | ||||
Dated: | May ___, 2008 |
9
WHEN RECORDED, MAIL TO:
1745 Technology Drive
San Jose, CA 95110
Attention: Sr. Director Global
Real Estate & Facilities
10
a Delaware limited liability company
By: | USO At First, LLC, | |||||||||||
a California limited liability company | ||||||||||||
Its: Administrative Member | ||||||||||||
By: | Technology Station Associates, LLC, | |||||||||||
a California limited liability company | ||||||||||||
Its: Sole Member | ||||||||||||
By: | Hunter/Storm Univ. Station, LLC, | |||||||||||
a California limited liability company | ||||||||||||
Its: Managing Member | ||||||||||||
By: | Hunter/Storm, Inc., | |||||||||||
a Delaware corporation | ||||||||||||
Its: Manager | ||||||||||||
By: | ||||||||||||
Derek K. Hunter, Jr. | ||||||||||||
Its: President and Secretary |
a Delaware corporation
By: | ||||
Richard Deranleau Vice President of Finance and Chief Financial Officer |
11
12
STATE OF CALIFORNIA | ) | |||||
) | ||||||
COUNTY OF | ) |
(Seal) | |||||
Notary Public | |||||
13
STATE OF CALIFORNIA | ) | |||||
) | ||||||
COUNTY OF | ) |
(Seal) | |||||
Notary Public | |||||
14
WHEN RECORDED, MAIL TO:
1745 Technology Drive
San Jose, CA 95110
Attention: Sr. Director Global
Real Estate & Facilities
a Delaware limited liability company
By: | USO At First, LLC, | |||||||||||
a California limited liability company | ||||||||||||
Its: Administrative Member | ||||||||||||
By: | Technology Station Associates, LLC, | |||||||||||
a California limited liability company | ||||||||||||
Its: Sole Member | ||||||||||||
By: | Hunter/Storm Univ. Station, LLC, | |||||||||||
a California limited liability company | ||||||||||||
Its: Managing Member | ||||||||||||
By: | Hunter/Storm, Inc., | |||||||||||
a Delaware corporation | ||||||||||||
Its: Manager | ||||||||||||
By: | ||||||||||||
Derek K. Hunter, Jr. | ||||||||||||
Its: President and Secretary |
15
STATE OF CALIFORNIA | ) | |||||
) | ||||||
COUNTY OF | ) |
(Seal) | |||||
Notary Public | |||||
16
RECORDING REQUESTED BY: |
WHEN RECORDED, MAIL TO: |
Brocade Communication Systems, Inc. 1745 Technology Drive San Jose, CA 95110 Attention: Sr. Director Global Real Estate & Facilities |
Exhibit F-2 Page 1 of 5
MFP/HUNTER@FIRST OFFICE PARTNERS, LLC a Delaware limited liability company | ||||||||||||
By: | USO AT FIRST, LLC, a California limited liability company Its: Administrative Member | |||||||||||
By: | Technology Station Associates, LLC, a California limited liability company Its: Sole Member | |||||||||||
By: | Hunter/Storm Univ. Station, LLC a California limited liability company Its: Managing Member | |||||||||||
By: | Hunter/Storm, Inc. a Delaware corporation Its: Manager | |||||||||||
By: | ||||||||||||
Its: President and Secretary |
BROCADE COMMUNICATIONS SYSTEMS, INC., a Delaware corporation | ||||
By: | ||||
Its: | ||||
Name: | ||||
By: | ||||
Its: | ||||
Name: | ||||
Exhibit F-2 Page 2 of 5
Exhibit F-2 Page 3 of 5
STATE OF CALIFORNIA | ) | |||||
) | ||||||
COUNTY OF | ) |
(Seal) | |||||
Notary Public | |||||
Exhibit F-2 Page 4 of 5
STATE OF CALIFORNIA | ) | |||||
) | ||||||
COUNTY OF | ) |
(Seal) | |||||
Notary Public | |||||
Exhibit F-2 Page 5 of 5
Page Number: 1
![(FIRST AMERICAN TITLE LOGO)](https://capedge.com/proxy/10-Q/0000950134-08-015646/f43239f4323933.gif)
1737 North First Street, Suite 500
San Jose, CA 95112
Hunter Properties, Inc.
6972 Wapiti Court
Boulder, CO 80301
Phone: (303)581-9444
Escrow Officer: | Gail A. Deaver | |
Phone: | (408)487-5025 | |
Owner: | MFP/Hunter First Office Partners, LLC | |
Property: | Parcels 1-5 of Parcel Map, San Jose, CA |
Page Number: 2
1. | General and special taxes and assessments for the fiscal year 2008-2009, a lien not yet due or payable. | |
2. | The lien of supplemental taxes, if any, assessed as a result of an event occurring on or after the date of this policy, pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. | |
3. | The fact that the land lies within the boundaries of the Rincon de los Esteros Redevelopment Project Area, as disclosed by the document recorded July 11, 1975 as Book B502, Page 711 of Official Records. | |
Document(s) declaring modifications thereof recorded August 6, 1979 as Book E699, Page 245 and August 6, 1979 as Book E699, Page 277, both of Official Records. | ||
Document(s) declaring modifications thereof recorded December 21, 1979 as Book F037, Page 585 of Official Records. | ||
Document(s) declaring modifications thereof recorded October 8, 1981 as Book G382, Page 605 of Official Records. | ||
Document(s) declaring modifications thereof recorded July 28, 1982 as Book G929, page 703 of Official Records. |
Page Number: 3
Document(s) declaring modifications thereof recorded September 14, 1983 as Book H892, Page 200 of Official Records. | ||
Document(s) declaring modifications thereof recorded January 9, 1984 as Book I220, Page 271 of Official Records. | ||
Document(s) declaring modifications thereof recorded December 17, 1987 as Book K394, Page 143 of Official Records. | ||
Document(s) declaring modifications thereof recorded May 5, 1988 as Book K524, Page 532 of Official Records. | ||
Document(s) declaring modifications thereof recorded January 6, 1992 as Book L996, Page 508 of Official Records. | ||
Document(s) declaring modifications thereof recorded October 2, 2007 as Document No. 19603127 of Official Records. | ||
4. | An easement shown or dedicated on the map filed or recorded December 22, 1983 as Book 523, Pages 7, 8 and 9 of Maps For: Public Service Easement and incidental purposes. | |
5. | The terms and provisions contained in the document entitled “Memorandum of Agreement” recorded February 28, 1985 as Book J280, Page 279 of Official Records. | |
6. | Abutter’s rights of ingress and egress to or from Highway 237 have been relinquished in the document recorded March 30, 1994 as Document No. 12426626, Book N373, Page 560 of Official Records. | |
7. | The terms and provisions contained in the document entitled “Release Agreement and Covenant Not To Sue” recorded September 5, 2000 as Document No. 15378584 of Official Records. | |
8. | The terms and provisions contained in the document entitled “Release Agreement and Covenant Not To Sue” recorded September 5, 2000 as Document No. 15378586 of Official Records. | |
9. | Covenants, conditions, restrictions, easements, assessments, liens, charges, terms and provisions in the document recorded October 31, 2007 as Document No. 19634748 of Official Records, which provide that a violation thereof shall not defeat or render invalid the lien of any first mortgage or deed of trust made in good faith and for value, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, national origin, sexual orientation, marital status, ancestry, source of income or disability, to the extent such covenants, conditions or restrictions violate Title 42, Section 3604(c), of the United States Codes. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status. |
Page Number: 4
10. | A Deed of Trust to secure an original indebtedness of $17,000,000.00 recorded October 31, 2007 as Document No. 19634750 of Official Records. |
Dated: | October 31, 2007 | ||
Trustor: | MFP/HUNTER@FIRST OFFICE PARTNERS, LLC, a Delaware limited liability company | ||
Trustee: | CHICAGO TITLE COMPANY | ||
Beneficiary: | WACHOVIA BANK, NATIONAL ASSOCIATION, a national banking association |
A document entitled “Assignment of Leases and Rents” recorded October 31, 2007 as Document No. 19634751 of Official Records, as additional security for the payment of the indebtedness secured by the deed of trust. | ||
11. | A financing statement recorded October 31, 2007 as Document No. 19634752 of Official Records. |
Debtor: | MFP/HUNTER@FIRST OFFICE PARTNERS, LLC | ||
Secured party: | WACHOVIA BANK, NATIONAL ASSOCIATION |
12. | The terms and provisions contained in the document entitled “Memorandum of Construction and Reimbursement Agreement” recorded October 31, 2007 as Document No. 19634753 of Official Records. | |
13. | A temporary easement for designing and constructing the improvements and incidental purposes, recorded October 31, 2007 as Document No. 19634753 of Official Records. |
In Favor of: | TSA At First LLC, a Delaware limited liability company | ||
Affects: | A portion of said land, as shown on the plat attached thereto as “EXHIBIT B” |
14. | The terms and provisions contained in the document entitled “Option For Grant of Easement” recorded October 31, 2007 as Document No. 19634754 of Official Records. | |
15. | TERMS AND CONDITIONS of that certain Permit |
File No.: | H07-018 | ||
Disclosed By: | Certificate of Permit | ||
Recorded: | November 5, 2007 as Document No. 19644216, Official Records |
Reference is hereby made to the record for particulars. | ||
16. | An easement shown or dedicated on the Map as referred to in the legal description |
For: | Public Service Easement and incidental purposes. |
17. | An easement shown or dedicated on the Map as referred to in the legal description |
For: | Emergency Access Easement and incidental purposes. |
18. | An easement shown or dedicated on the Map as referred to in the legal description |
For: | Sidewalk Easement and incidental purposes. |
Page Number: 5
19. | An easement shown or dedicated on the Map as referred to in the legal description | ||
For: Bicycle Path Easement and incidental purposes. | |||
20. | An easement shown or dedicated on the Map as referred to in the legal description | ||
For: Private Ingress and Egress Easement and incidental purposes. |
21. | Any facts, rights, interests or claims that may exist or arise by reason of the matters disclosed by that certain ALTA/ACSM survey made by Kier & Wright dated August 30, 2007 and last revised February 29, 2008. | |
22. | Rights of parties in possession. |
1. | The property covered by this report is vacant land. | |
2. | According to the public records, there has been no conveyance of the land within a period of twenty four months prior to the date of this report, except as follows: |
A document recorded June 20, 2007 as Document No. 19476403 of Official Records. | ||
From: | Palm, Inc., a Delaware Corporation | |
To: | TSA at First, LLC, a Delaware limited liability company |
A document recorded October 31, 2007 as Document No. 19634749 of Official Records. | ||
From: | TSA AT FIRST, LLC, a Delaware limited liability company | |
To: | MFP/HUNTER@FIRST OFFICE PARTNERS, LLC, a Delaware limited liability company |
3. | Short term rate applies. |
Page Number: 6
Page Number: 7
1. | A seller who is an individual with a last known street address outside of California or when the disbursement instructions authorize the proceeds be sent to a financial intermediary of the seller, OR | |
2. | A corporate seller which has no permanent place of business in California. |
1. | The sales price of the California real property conveyed does not exceed one hundred thousand dollars ($100,000), OR |
2. | The seller executes a written certificate, under the penalty of perjury, certifying that the seller is a resident of California, or if a corporation, has a permanent place of business in California, OR |
3. | The seller, who is an individual, executes a written certificate, under the penalty of perjury, that the California real property being conveyed is the seller’s principal residence (as defined in Section 1034 of the Internal Revenue Code). |
Franchise Tax Board
Withhold at Source Unit
P.O. Box 651
Sacramento, CA 95812-0651
(916) 845-4900
Page Number: 8
• | Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means; | |
• | Information about your transactions with us, our affiliated companies, or others; and | |
• | Information we receive from a consumer reporting agency. |
Page Number: 9
Page Number: 10
LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (BY POLICY TYPE)
SCHEDULE B
1. | Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notice of such proceedings, whether or not shown by the records of such agency or by the public records. |
2. | Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. |
3. | Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. |
4. | Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. |
5. | (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the public records. |
1. | (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b)Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. | |
2. | Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. | |
3. | Defects, liens, encumbrances, adverse claims or other matters: (a)whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. | |
4. | Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable “doing business” laws of the state in which the land is situated. | |
5. | Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. | |
6. | Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by their policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors’ rights laws. |
SCHEDULE OF EXCLUSIONS FROM COVERAGE
1. | Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions of area of the land, or the effect of any violation of any such law, ordinance or governmental regulation. | |
2. | Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. | |
3. | Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured claimant to the Company prior to the |
Page Number: 11
date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. |
WITH REGIONAL EXCEPTIONS
Part One
1. | Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. | |
2. | Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. | |
3. | Easements, claims of easement or encumbrances which are not shown by the public records. | |
4. | Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. | |
5. | Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. | |
6. | Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. |
WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE
SCHEDULE OF EXCLUSIONS FROM COVERAGE
1. | Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law ordinance or governmental regulation. | |
2. | Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. | |
3. | Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant, (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder, (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent insurance is afforded herein as to any statutory lien for labor or material or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy). | |
4. | Unenforceability of the lien of the insured mortgage because of failure of the insured at Date of Policy or of any subsequent owner of the indebtedness to comply with applicable “doing business” laws of the state in which the land is situated. |
WITH REGIONAL EXCEPTIONS
Part One
1. | Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. | |
2. | Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. | |
3. | Easements, claims of easement or encumbrances which are not shown by the public records. | |
4. | Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. | |
5. | Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. |
Page Number: 12
6. | Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. |
WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE
EXCLUSIONS FROM COVERAGE
1. | (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy; | |
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. | ||
2. | Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. | |
3. | Defects, liens, encumbrances, adverse claims, or other matters: | |
(a)whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; | ||
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; | ||
(c) resulting in no loss or damage to the insured claimant; | ||
(d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services, labor or material or the extent insurance is afforded herein as to assessments for street improvements under construction or completed at date of policy); or | ||
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage. | ||
4. | Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable “doing business” laws of the state in which the land is situated. | |
5. | Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. | |
6. | Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance. | |
7. | Any claim, which arises out of the transaction creating the interest of the mortgagee 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. |
WITH REGIONAL EXCEPTIONS
1. | Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. | |
2. | Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. | |
3. | Easements, claims of easement or encumbrances which are not shown by the public records. | |
4. | Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. | |
5. | Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. |
Page Number: 13
6. | Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. |
EXCLUSIONS FROM COVERAGE
1. | (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. | |
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. | ||
2. | Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. | |
3. | Defects, liens, encumbrances, adverse claims, or other matters: | |
(a) created, suffered, assumed or agreed to by the insured claimant; | ||
(b)not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; | ||
(c) resulting in no loss or damage to the insured claimant; | ||
(d) attaching or created subsequent to Date of Policy; or | ||
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. | ||
4. | 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 insured 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. |
WITH REGIONAL EXCEPTIONS
1. | Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. | |
2. | Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. | |
3. | Easements, claims of easement or encumbrances which are not shown by the public records. | |
4. | Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. | |
5. | Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. | |
6. | Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. |
TITLE INSURANCE POLICY — 1987
EXCLUSIONS
Page Number: 14
1. | Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning: |
* land use | * land division | |||
* improvements on the land | * environmental protection |
This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date. | ||
This exclusion does not limit the zoning coverage described in items 12 and 13 of Covered Title Risks. | ||
2. | The right to take the land by condemning it, unless: * a notice of exercising the right appears in the public records on the Policy Date * the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking. |
3. | Title Risks: * that are created, allowed, or 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 result in no loss to you * that first affect your title after the Policy Date — this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks |
4. | Failure to pay value for your title. | |
5. | Lack of a right: * to any land outside the area specifically described and referred to in Item 3 of Schedule A, or * in streets, alleys, or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. |
ALTA HOMEOWNER’S POLICY OF TITLE INSURANCE — 1998
1. | Governmental police power, and the existence or violation of any law or government regulation. This includes ordinances, laws and regulations concerning: |
a. building | b. zoning | |||
c. land use | d. improvements on the land | |||
e. land division | f. environmental protection |
This exclusion does not apply to violations or the enforcement of these matters if notice of the violation or enforcement appears in the Public Records at the Policy Date. | ||
This exclusion does not limit the coverage described in Covered Risk 14, 15, 16, 17 or 24. | ||
2. | The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not apply to violations of building codes if notice of the violation appears in the Public Records at the Policy Date. | |
3. | The right to take the Land by condemning it, unless: | |
a. a notice of exercising the right appears in the Public Records at the Policy Date; or | ||
b. the taking happened before the Policy Date and is binding on You if You bought the Land without Knowing of the taking. | ||
4. | Risks: | |
a. that are created, allowed, or agreed to by You, whether or not they appear in the Public Records; | ||
b. that are Known to You at the Policy Date, but not to Us, unless they appear in the Public Records at the Policy Date; | ||
c. that result in no loss to You; or | ||
d. that first occur after the Policy Date — this does not limit the coverage described in Covered Risk 7, 8.d, 22, 23, 24 or 25. | ||
5. | Failure to pay value for Your Title. | |
6. | Lack of a right: | |
a. to any Land outside the area specifically described and referred to in paragraph 3 of Schedule A; and | ||
b. in streets, alleys, or waterways that touch the Land. This exclusion does not limit the coverage described in Covered Risk 11 or 18. |
COVERAGE WITH EAGLE PROTECTION ADDED
Page Number: 15
1. | (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the Land; (iii) a separation in ownership or a change in the dimensions or area of the Land or any parcel of which the Land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the Land has been recorded in the Public Records at Date of Policy. This exclusion does not limit the coverage provided under insuring provisions 14, 15, 16 and 24 of this policy. | |
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the Public Records at Date of Policy. This exclusion does not limit the coverage provided under insuring provisions 14, 15, 16 and 24 of this policy. | ||
2. | Rights of eminent domain unless notice of the exercise thereof has been recorded in the Public Records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without Knowledge. | |
3. | Defects, liens, encumbrances, adverse claims or other matters: | |
(a) created, suffered, assumed or agreed to by the Insured Claimant; | ||
(b) not known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; | ||
(c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (this paragraph | ||
(d) does not limit the coverage provided under insuring provisions 7, 8, 16, 17, 19, 20, 21, 23, 24 and 25); or | ||
(e) resulting in loss or damage which would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. | ||
4. | Unenforceability of the lien of the Insured Mortgage because of the inability or failure of the Insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the Land is situated. | |
5. | Invalidity or unenforceability of the lien of the Insured Mortgage, or claim thereof, which arises out of the transaction evidenced by the Insured Mortgage and is based upon: (a) usury, except as provided under insuring provision 10 of this policy; or (b) any consumer credit protection or truth in lending law. | |
6. | Taxes or assessments of any taxing or assessment authority which become a lien on the Land subsequent to Date of Policy. | |
7. | Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors’ rights laws, that is based on: (a) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (b) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or (c) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (i) to timely record the instrument of transfer; or (ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. | |
8. | Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This exclusion does not limit the coverage provided under insuring provision 7. | |
9. | Lack of priority of the lien of the Insured Mortgage as to each and every advance made after Date of Policy, and all interest charged thereon, over liens, encumbrances and other matters affecting title, the existence of which are Known to the Insured at: (a) The time of the advance; or (b) The time a modification is made to the terms of the Insured Mortgage which changes the rate of interest charged, if the rate of interest is greater as a result of the modification thanit would havebeen before the modification. This exclusion does not limit the coverage provided under insuring provision 7. |
1. | Environmental protection liens provided for by the following existing statutes, which liens will have priority over the lien of the Insured Mortgage when they arise: NONE. |
WITH EAGLE PROTECTION ADDED
WITH REGIONAL EXCEPTIONS
Page Number: 16
1. | Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. | |
2. | Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. | |
3. | Easements, claims of easement or encumbrances which are not shown by the public records. | |
4. | Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. | |
5. | Unpatented mining claims; reservations or exceptions in patents or in acts authorizing the issuance thereof; water rights, claims or title to water. | |
6. | Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. |
1. | Environmental protection liens provided for by the following existing statutes, which liens will have priority over the lien of the Insured Mortgage when they arise: NONE |
Escrow No. | NCS-335499-SC | |
Title Order No. | NCS-335499-SC |
Exhibit H Page 1 of 3
MFP/HUNTER@FIRST OFFICE PARTNERS, LLC a Delaware limited liability company | ||||||||||||
By: | USO AT FIRST, LLC, a California limited liability company Its: Administrative Member | |||||||||||
By: | Technology Station Associates, LLC, a California limited liability company Its: Sole Member | |||||||||||
By: | Hunter/Storm Univ. Station, LLC a California limited liability company Its: Managing Member | |||||||||||
By: | Hunter/Storm, Inc. a Delaware corporation Its: Manager | |||||||||||
By: | ||||||||||||
Its: President and Secretary |
Exhibit H Page 2 of 3
Exhibit H Page 3 of 3
Recording Requested By, Mail Tax Statements and When Recorded Mail To: |
Brocade Communication Systems, Inc. 1745 Technology Drive San Jose, CA 95110 Attention: Sr. Director Global Real Estate & Facilities |
APN: | SPACE ABOVE THIS LINE RESERVED FOR RECORDER’S USE |
Exhibit I Page 1 of 8
GRANTOR: | ||||||||||||||
MFP/HUNTER@FIRST OFFICE PARTNERS, LLC a Delaware limited liability company | ||||||||||||||
By: | USO AT FIRST, LLC, a California limited liability company Its: Administrative Member | |||||||||||||
By: | Technology Station Associates, LLC, a California limited liability company Its: Sole Member | |||||||||||||
By: | Hunter/Storm Univ. Station, LLC a California limited liability company Its: Managing Member | |||||||||||||
By: | Hunter/Storm, Inc. a Delaware corporation Its: Manager | |||||||||||||
By: | ||||||||||||||
Its: President and Secretary |
Exhibit I Page 2 of 8
STATE OF CALIFORNIA | ) | |||||
) | ||||||
COUNTY OF | ) |
Exhibit I Page 3 of 8
to Grant Deed
Exhibit I Page 4 of 8
to Grant Deed
Exhibit I Page 5 of 8
Affects: A portion of said land, as shown on the plat attached thereto as “Exhibit B”
Disclosed By: Certificate of Permit
Recorded: November 5, 2007 as Document No. 19644216, Official Records.
Exhibit I Page 6 of 8
Exhibit I Page 7 of 8
DOCUMENTARY TRANSFER TAX
Santa Clara County
Very truly yours, | ||||||||||||||
MFP/HUNTER@FIRST OFFICE PARTNERS, LLC | ||||||||||||||
a Delaware limited liability company | ||||||||||||||
By: | USO AT FIRST, LLC, | |||||||||||||
a California limited liability company | ||||||||||||||
Its: Administrative Member | ||||||||||||||
By: | Technology Station Associates, LLC, | |||||||||||||
a California limited liability company | ||||||||||||||
Its: Sole Member | ||||||||||||||
By: | Hunter/Storm Univ. Station, LLC | |||||||||||||
a California limited liability company | ||||||||||||||
Its: Managing Member | ||||||||||||||
By: | Hunter/Storm, Inc. | |||||||||||||
a Delaware corporation | ||||||||||||||
Its: Manager | ||||||||||||||
By: | ||||||||||||||
Its: President and Secretary |
Exhibit I Page 8 of 8
Exhibit J Page 1 of 6
Exhibit J Page 2 of 6
Exhibit J Page 3 of 6
MFP/HUNTER@FIRST OFFICE PARTNERS, LLC | ||||||||||||||
a Delaware limited liability company | ||||||||||||||
By: | USO AT FIRST, LLC, | |||||||||||||
a California limited liability company | ||||||||||||||
Its: Administrative Member | ||||||||||||||
By: | Technology Station Associates, LLC, | |||||||||||||
a California limited liability company | ||||||||||||||
Its: Sole Member | ||||||||||||||
By: | Hunter/Storm Univ. Station, LLC | |||||||||||||
a California limited liability company | ||||||||||||||
Its: Managing Member | ||||||||||||||
By: | Hunter/Storm, Inc. | |||||||||||||
a Delaware corporation | ||||||||||||||
Its: Manager | ||||||||||||||
By: | ||||||||||||||
Its: President and Secretary |
BROCADE COMMUNICATIONS SYSTEMS, INC., | ||||||
a Delaware corporation | ||||||
By: | ||||||
Its: | ||||||
Name: | ||||||
By: | ||||||
Its: | ||||||
Name: | ||||||
Exhibit J Page 4 of 6
to Assignment of Contracts
Exhibit J Page 5 of 6
to Assignment of Contracts
Exhibit J Page 6 of 6
Exhibit K Page 1 of 4
Exhibit K Page 2 of 4
MFP/HUNTER@FIRST OFFICE PARTNERS, LLC | ||||||||||||||
a Delaware limited liability company | ||||||||||||||
By: | USO AT FIRST, LLC, | |||||||||||||
a California limited liability company | ||||||||||||||
Its: Administrative Member | ||||||||||||||
By: | Technology Station Associates, LLC, | |||||||||||||
a California limited liability company | ||||||||||||||
Its: Sole Member | ||||||||||||||
By: | Hunter/Storm Univ. Station, LLC | |||||||||||||
a California limited liability company | ||||||||||||||
Its: Managing Member | ||||||||||||||
By: | Hunter/Storm, Inc. | |||||||||||||
a Delaware corporation | ||||||||||||||
Its: Manager | ||||||||||||||
By: | ||||||||||||||
Its: President and Secretary |
BROCADE COMMUNICATIONS SYSTEMS, INC., | ||||
a Delaware corporation | ||||
By: | ||||
Its: | ||||
Name: | ||||
By: | ||||
Its: | ||||
Name: | ||||
Exhibit K Page 3 of 4
to Assignment of Intangible Property
Exhibit K Page 4 of 4
Current Development Budget
[**] | Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. |
Exhibit L Page 1 of 2
Estimate of Accrued Expenses
[**]
[**] | Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. |
Exhibit M Page 1 of 1