DEVELOPMENT OPPORTUNITY FOR SALE │ CAMPBELL,

OFFERING MEMORANDUM 1480 W. CAMPBELL AVE CAMPBELL, CA CONFIDENTIALITY AGREEMENT

Cushman & Wakefield has been engaged as exclusive advisors to the Seller (the “Seller”), in connection with Seller’s solicitation of offers for the purchase of the fee simple interest in 1480 W. Campbell Avenue, Campbell, CA (“The Property”). The Property is being offered on an “AS-IS” basis. This Offering Memorandum is furnished to prospective purchasers on a confidential basis solely for the purpose of prospective purchasers determining whether or not to submit an offer to purchase the Property. The information contained herein, or any other related information provided by Seller may not be reproduced, redistributed or used in whole or in part for any other purpose. No person has been authorized to give any information or to make any representation or warranty, either express or implied, other than that contained in an executed purchase agreement subject to any disclaimer or limitations set forth therein. Information or representations given or made in any other form, should not be relied upon.

While Seller has no reason to believe that the information provided herein, or in the due diligence materials, contains any material inaccuracies, neither Seller nor any of its respective officers, directors, shareholders, owners, employees, agents, members, managers, etc., may make any representations or warranties, express or implied, as to the validity, accuracy or completeness of the information provided or to be provided except as may be set forth in an executed purchase agreement, subject to any disclaimers or limitations set forth therein. Without limiting the generality of the foregoing sentence, nothing herein shall be deemed to constitute a representation, warranty or promise by Seller or any of its respective officers, directors, shareholders, owners, employees, agents, members, managers, etc., as to the future performance of the Property or any other matters set forth herein.

A prospective purchaser’s sole role and exclusive rights with respect to this prospective transaction, the Property, or information provided herein or in the Due Diligence Materials, shall be limited to those expressly provided in an executed purchase agreement and shall be subject to the terms thereof. In no event shall a prospective purchaser have any other claims against Seller or any of its officers, directors, shareholders, owners, employees, agents, members, managers, etc., for any damages, liability, or causes of action relating to this solicitation process or the marketing or sale of the Property.

Prospective purchasers are not to construe the contents of this Offering Memorandum, any Due Diligence Materials or any prior or subsequent communications from Seller or any of its respective officers, directors, shareholders, owners, employees, agents, members, managers, etc., as legal, tax or other advice. Prior to submitting an offer, prospective purchasers should consult with:

MIKE COSTA JAMES CHUNG +1 408 436 3660 +1 408 436 3630 [email protected] [email protected] Lic. #00415216 Lic. #01408190

1480 W CAMPBELL AVE // 2 CONTENTS

EXECUTIVE SUMMARY 04

AREA OVERVIEW 06

PROPERTY OVERVIEW 10

ZONING OVERVIEW 13

PURCHASE PROCEDURE & LETTER OF INTENT 16

1480 W CAMPBELL AVE // 3 1 EXECUTIVE SUMMARY EXECUTIVE SUMMARY

Cushman & Wakefield, as exclusive advisor, is pleased to present the opportunity to acquire a fee simple interest in a development site consisting of approximately 21,062 square feet of land with an 8,100 square foot structure in Campbell, California. The property is located at 1480 W. Campbell Avenue.

This location provides excellent walkability to numerous shops and services and is strategically located between Downtown Campbell and the retail hub of Westgate Mall. Very dense residential neighborhoods, schools, parks and other community amenities put this property in the center of one of the most desirable areas in Santa Clara County.

Located one and a half miles from 1480 W. Campbell Avenue, Downtown Campbell is a vibrant shopping and entertainment district featuring many historical landmarks and over 100 shops, services, and restaurants. Centered around the historical birthplace of the City of Campbell, remnants of the past are visible on every block of Downtown Campbell as the exchanges of community life happen against the backdrop of classic architecture dating back to the early 1900’s.

W CAMPBELL AVENUE SAN TOMAS AQUINO ROAD

1480 W CAMPBELLTHE OLINAVE // 5 Source: www.downtowncampbell.com 2AREA OVERVIEW BAY AREA

Encompassing three major metropolitan areas and nine counties, the is one of the nation’s more prominent geographies and is home to 7.56 million people. The region operates as an interconnected network of both urban and suburban enclaves, with San Francisco at its focal point. The Bay Area is California’s second largest urban area in terms of geography, and has an economy that produces a GDP of $721 billion, a number that ranks 16th among the top countries in the world. Renowned for its temperate climate, exceptional quality of life, well-educated work force and dynamic economy, the Bay Area continues to be regarded as one of the most exciting and innovative regions in the world.

A key component of the Bay Area economy, Silicon Valley is the world’s undisputed high-tech capital, blazing the trail for innovation in today’s global marketplace. Industry leaders in semiconductor design and manufacturing, network equipment, high-tech manufacturing equipment, software design, information systems, life sciences, clean tech and digital media all Silicon Valley home. The region draws its vitality not only from innovative new businesses, but also from the intense competition among its diverse array of existing companies. The Silicon Valley metro area ranks #3 in the world and #1 in the United States for GDP per capita. The region has one of the highest percentages of college educated adults in the country and continues to be a magnet for leading researches and entrepreneurs. The combination of the world’s leading research and educational institutions, San Francisco’s world-class financial base, the region’s well established business creation infrastructure and a geographic position which fosters fluid interaction with China and other Pacific Rim economies will ensure that Silicon Valley remains a leader in economic growth for decades to come.

CAMPBELL

Campbell, California is located in the southern region of Santa Clara County in the heart of Silicon Valley. Campbell is south of Santa Clara and west of San Jose. The City of Campbell encompasses 6 square miles and is considered part of the San Jose metro area.

The City of Campbell is largely a suburban residential community and home to approximately 38,000 residents. Situated in the heart of one of the most affluent regions of Silicon Valley, Campbell has a thriving and dense population of high income, well-educated families and young professionals. It is known for its quaint downtown area, which offers numerous restaurants, shops and bars.

1480 W CAMPBELLTHE OLINAVE // 7 SILICON VALLEY AT A GLANCE

LABOR FORCE OF TEMPERATE CLIMATE ONE MILLION AVERAGE HIGH: 72° 22% INCREASE OVER THE PAST 10 YEARS AVERAGE LOW: 50°

3.8% UNEMPLOYMENT EXTENSIVE NETWORK COMPARED TO CA AT 5.4% AND OVERALL U.S. AT 4.4% OF HIGHWAYS 280, 680, 880, 101, 9, 17, 82, 85 AND 237

44% OF ALL VENTURE CAPITAL 16 OF THE INVESTMENT IN THE U.S. OVER PAST 2 YEARS FORTUNE 500 (PWC MONEYTREE, INCLUDES SF MSA) COMPANIES HEADQUARTERS IN SILICON VALLEY

HOME TO THREE OF THE WORLD’S TOP 10 MOST VALUABLE COMPANIES BY MARKET CAP. (FORBES 2017)

1480 W CAMPBELL AVE // 8 SILICON VALLEY AT A GLANCE

CAMPBELL KEY DEMOGRAPHICS

$

43,675 $1,125,117 $116,580 CITY POPULATION MEDIAN HOME PRICE MEDIAN HH INCOME

KNOWLEDGE & TECH WORKERS TECH WORKERS

Knowledge workers are those whose occupations OF THE WORKFORCE IN SILICON VALLEY IS fall into one of the following categories: 27.4% TECH - NEARLY DOUBLE SAN FRANCISCO • Computer & Mathematical • Management • Architecture & Engineering • Education • Life, Physical & Social Science • Health Care

SILICON VALLEY IS #1 IN THE U.S. FOR BOTH CATEGORIES

1480 W CAMPBELL AVE // 9 3PROPERTY OVERVIEW PROPERTY OVERVIEW

OVERVIEW

Site Address 1480 West Campbell Ave, Campbell, CA Parcel No. (APN) 404-01-035

Zoning C1

Lot Area 0.48 acres

Building 8,100 square foot bank branch

Construction Wood and steel frame

Parking 22 spaces

History Building was built in 1966 and renovated in 2006 PROPERTY OVERVIEW

San Tomas Expressway

WEST VALLEY SHOPPING San Tomas Aquino Road CENTER: SPROUTS, BEVMO, PIER 1

WESTGATE CENTER: 49ER FIT, TARGET, TJMAXX, PARTY CITY, WESTGATE WEST: NORDSTROM RACK, TRADER JOE’S, ETHAN MICHAEL’S, NIKE SAFEWAY ALLEN, SMART & FINAL FACTORY STORY

HAMILTON AVENUE

SAN TOMAS PLAZA: CVS, SUTTON SWIM SCHOOL

SARATOGA AVENUE W. CAMPBELL AVENUE

EL PASEO DE SARATOGA: AMC THEATER, REI, TRU FUSION FITNESS, TOTAL WOMAN GYM & SPA

KIRKWOOD PLAZA: WALGREENS, NOB HILL, BIG 5 SPORTING GOODS

1480 W CAMPBELL AVE // 12 4ZONING OVERVIEW ZONING OVERVIEW

C-1 │ NEIGHBORHOOD COMMERCIAL CLOVER BAYWOOD ZONING MAP WESTFIELD

LENOR CITY OF CAMPBELL

MONICA

MITCHELL RESIDENTIAL DISTRICTS

RAVENCOURT R-1-6 | Single-Family Residential (6,000 Sq. Ft. Min. Lot Size)

MONICA PAMLAR R-1-8 | Single-Family Residential (8,000 Sq. Ft. Min. Lot Size)

DAVID R-1-9 | Single-Family Residential (9,000 Sq. Ft. Min. Lot Size) S A N J O S E VALEY FORGE LISA R-1-10 | Single-Family Residential (10,000 Sq. Ft. Min. Lot Size)

MILLICH HARRISON SITE Rosemary ALMARIDA BISMARK ROSEMARY ROSEMARY Elementary School R-1-16 | Single-Family Residential (16,000 Sq. Ft. Min. Lot Size) EDEN HAMILTON HAMILTON R-D | Two-Family Residential BOISE KAMSON

MARATHON O WATSON DENVER CREEKSIDE

SUNBERRY GALE LLEWELLYN R-M | Multiple-Family Residential

PHANTOM

MILTON HURST

NOTTINGHAM

APRIL MEMPHIS

KINGS RICHLEE ESTHER

KUEHNIS

DUNSTER Dover

LEIGH 3RD CALAD CHARLESTON GOMES

HARRISON SPRINGFIELD REX School GRACE

O SHEFFIELD QUEENS SALMAR MANCHESTER R-2 | Multiple-Family Residential

CENTRAL ST. PAUL ST. LATIMER CYPRESS CAMPISI ROBWAY CRONWELL CASTRO LATIMER

MICHELLE R-3 | Multiple-Family Residential VICTOR H H EL PATIO RIDGELY MONTEMAR PAULA SONDRA

RADFORD

WARWICK

COVENTRY SAN TOMAS EXPRESSWAY TOMAS SAN

BRANBURY MARIANNA MORRENE

ONTARIO MILTON BLAND NADINE WINCHESTER GRANT MCBAIN SUPERIOR HAWTHORNE MCBAIN COMMERCIAL/OFFICE DISTRICTS

DEL DEL PRADO HEDEGARD

PALO SANTO DARRYL H

HARDY CARLYN ENSENADA COLLEEN H H

LLEWELLYN AINSLEYPARK O PATIO

AMATO H Campbell H Civic Center MAPLE VILLARTIA

2ND PAGE C-1 | Neighborhood Commercial Community Center H FEWTRELL WELKER SHEREEN POPLAR

HERBERT

DECORAH JIM JIM ELDER

FOOTE

1ST

LA VONNELA H CAMPBELL

LA PRADERA PETER CAMPBELL MILTON C-2 | General Commercial ORCHARD-CITY

ROSE SANFORD Campbell DOT Park 4TH H ARROYO-SECO

HUNT EVERETT GILMAN ARROYO-SECO WHITWOOD JANE-ANN

SALICE SAN SAN TOMAS AQUINO C-3 | Central Business District CHRISTOPHER

KIM-LOUISE RINCON RINCON DILLON EL SOLYO MICHAEL H

BUCKNALL FULTON

John D. BASCOM BUCKNALL EL MORO P-O | Professional Office Morgan Park H ALICE RAILWAY SHADYDALE RICKY CHERRY UNION APRICOT

ABBEY Campbell SUNNYSIDE BENT Jr. High School CATALAPA H INDUSTRIAL DISTRICTS WREN

CAMEO RINCON MIDWAY KENNEDY MONETA CORLISS EL CAMINITO

CALIFORNIA FLAMINGO M-1 | Light Industrial CENTURY Los Gatos Creek ARNOTT

SOBRATO O C-M | Controlled Manufacturing (1) Virginia Park WEST VALLEY WILTON O

NIDO BUDD Edith

Morely SPECIAL PURPOSE DISTRICTS ADLER FORMAN

WESTON Park

JEFFREY HOLLIS

KENNETH ECHO P-D | Planned Development

CRISTICH NELLO REGAS

LOUISE Hazelwood MCGLINCY PARKHURST HAZELWOOD MCCOY Elementary School GRIFFITH

GINDEN ECKER

CRAIG C-PD | Condominium Planned Development

CROCKETT WALDO MARGARET

PECAN

FILBERT Forest Hill INWOOD HAZEL FRIAR CENTRAL PARK Elementary INSKIP SHARON School P-F | Public Facilities CAMBRIAN LAURA

MARY HARRIET WELLINGTON HIGHLAND PARK

ELAM MARILYN SMITH VIRGINIA

JONES PF/OS | Public Facilities/Open Space SILACCI EMORY BETA CAMDEN LINDA DALLAS STONEHURST KARA

EBBETS SHARMON PALMS ORCHARD OLD

GWEN LOYALTON

MCGLINCY CONNIE ROBIN OVERLAY/COMBINING DISTRICTS CROCKETT LOVELL ADRIEN SUNNYOAKS CURTNER WESTMONT SUNNYOAKS H SAN TOMAS AQUINO "H" (Historic Preservation) Overlay/Combining District BUCKNAM

MUNRO SONUCA

ERIN

ARCHER FAWN SHAMROCK

SALERNO

FLORENCE BETH SHADLE O NORMANDY "O" (Overlay) Overlay/Combining District BEDAL LOST LAKE Los Gatos REGINA PEGGY H VIA RANCHERO County HACIENDA Park SPECIAL PROJECT AREAS (2) 20 SHAMROCK HARRIET 20 40 CAMDEN SCOTT PEGGY WENDELL 20 Downtown Development Plan

GAY FREDA 80 WALTERS SHEILA 80 JUANITA STEINWAY 80 20 Percolation Ponds ABBOTT 80 SHARP BURROWS CHAPMAN 20

HOFFMAN

PEACHTREE Jack ROBNICK 20 PARSONS East Campbell Avenue Master Plan THERESA Fischer ESTRELITA Park ELWOOD HARRIET AUDREY 40 HYDE 40 Rollings Hills Capri 40 80

VANDUSEN YORK CAPRI 40 Jr. High School Elementary 40 North of Campbell Avenue (NOCA) Area Plan OBURN 40 BRACEBRIDGE LUCOT School 40 80 HACK WALNUT VALE 40 DELL REDDING 40 80 80

BEARDEN POLLARD WEST PARR 80 40 Pruneyard/Creekside Commercial District 20 20 60 80 80 SHELLEY 20 80 S A N J O S E 80 37 San Tomas Area Neighborhood Plan (STANP) 80 BASCOM DIVISION 80 80 80 80 40 40 40 40 South of Campbell Avenue (SOCA) Area Plan WHITEOAKS H Winchester Boulevard Master Plan NOTES LONG FELLOW (1) The number included on the C-M parcels denotes the minimum lot area in thousands EMERSON of square feet , pursuant to CMC Sec. 21.10.070, Table 2-12. HOLMES

(2) Properties located within a Special Project Area, as referenced by Campbell General Plan

L O S G A T O S MOZART 'Figure LUT-8: Campbell Special Project Areas,' are subject to the applicable area plan

and/or General Plan policies.

The City of Campbell Zoning Map is adopted pursuant to CMC Sec. 21.04.030. Map produced and maintained by the Campbell Planning Division. Revised March 2017. Data sources: City of Campbell GIS, Santa Clara County GIS. This map is for reference purposes only. Miles Parcel level accuracy not guaranteed. Please contact the Planning Division at (408) 866-2140 or 0 0.25 0.5 ´ [email protected] to verify all zoning district designations.

1480 W CAMPBELL AVE // 14 ZONING OVERVIEW

DISTRICT REGULATIONS

30. Pet stores

SCOPE OF PERMITTED USES CONDITIONAL USES 31. Philanthropic collection trailers PROHIBITED USES REGULATIONS 1. Automated teller machines REQUIRING A 32. Public assembly uses 1. Storage of industrial vehicles, ex- (ATM’s) CONDITIONAL USE 33. Public utility structures and cept for the purpose of loading and Purpose of C-1 (Neighbor- 2. Banks and financial services service facilities unloading hood Commercial) zoning 3. Catering business, only when PERMIT 34. Radio or television transmitters 2. The storage or warehousing of mer- district. The C-1 zoning dis- ancillary to a restaurant 35. Recycling facilities—Reverse chandise or products in the building trict is intended to provide 4. Collection containers, small, sub- 1. Alternative fuels and or on the premises for sale other for retail sales, offices, and vending machines, other than ject to obtaining a permit pursuant recharging facilities such machines with a permit than at retail on the premises services serving the daily 2. Arcades to Section 21.36.245 issued pursuant to Section 3. The outdoor storage of merchan- needs of nearby residents 5. Dry cleaning 3. Broadcast and recording studios dise or products, unless otherwise of the city and to promote 6. Grocery stores (under ten thou- 4. Commercial day care centers 21.36.245 approved stable and attractive com- sand sf) 5. Commercial schools 36. Recycling facilities—small col- 4. The assembly, compounding, manu- mercial development which 7. Hardware stores (under ten thou- 6. Community/cultural/recreational lection facility, other than such facturing, or processing of merchan- will be compatible with sand sf) centers facilities with a permit issued dise or products, except such as are neighboring residential 8. Laundromats, self-service 7. Convalescent/rest homes pursuant to Section 21.36.245 customarily incidental or essential uses. This zoning district 9. Libraries, public 8. Convenience markets/stores 37. Restaurants with late night ac- to permitted retail commercial and is designed to encourage 10. Light rail passenger terminals 9. Conversion, commercial converted service uses the location of commercial tivities or banquet facilities 11. Meat markets from residence 38. Restaurants, fast food (with or 5. Any use which is obnoxious or of- uses at major intersections 10. Dancing and live entertainment 12. Offices, professional without drive-in service) fensive or creates a nuisance to the within residential areas. 13. Outdoor seating, when twelve 11. Emergency shelters occupants or commercial visitors These areas should be de- total seats or less 12. Furniture, furnishings, and 39. Schools - K-12, private of adjacent buildings or premises signed to accommodate 14. Parking lots/structures, public equipment stores 40. Shopping centers (greater than by reason of the emissions of dust, the auto in a manner that 15. Personal services, general (greater than ten thousand sf) ten thousand sf) fumes, glare, heat, liquids, noise, is also friendly to and har- 16. Pharmacies/drug stores 13. Furniture, furnishings, and equip- 41. Spa services odor, smoke, steam, vibrations, or monious with pedestrian 17. Photocopying ment stores (under ten thousand sf) 42. Studios, large similar disturbances and bicycle traffic. The ar- 18. Photography studio/supply shop 14. Garden centers/plant nurseries 43. Studios, small 6. Any business that includes smok- chitecture of the structures 19. Repair and maintenance, consum- 15. Gasoline stations ing tobacco on site (e.g., smoking should be compatible with 44. Tanning studios er 16. Government offices and facilities 45. The use of any building that lounges, hookah lounges, etc.) the neighborhood. Grocery (local, state or federal) products was constructed as a residential 7. Payday lender; 8. Any use inconsis- stores, laundries, personal 20. Restaurants or cafes (excluding 17. Grocery stores tent with state or federal law. structure for a commercial or services, pharmacies, and fast food or drive-ins) (greater than ten thousand sf) • than ten (10) feet from the front restaurants are prime ex- office use 21. Retail stores, general merchandise 18. Hardware stores property line. amples of neighborhood 46. Transitional housing 22. Satellite television or personal in- (greater than ten thousand sf) • Except for properties with a commercial uses. The C-1 19. Health/fitness centers 47. Tutoring centers, large ternet broadband dishes/antenna side or rear setback along El zoning district is consis- (less than three feet in diameter) 20. Hotel; 48. Tutoring centers, small tent with the neighborhood Camino Real, there shall be no 23. Schools K—12, public; 21. Late night activities 49. Universities/colleges, private commercial land use desig- minimum side or rear setback. 24. Shopping centers (under ten thou- 22. Liquor establishments 50. Veterinarian clinics and animal nation of the General Plan. (Ord. 1863 § 10, (2011)) sand square feet) 23. Liquor stores hospitals 24. Medical services, clinics 25. Travel agencies 51. Video rental stores 26. Universities/colleges, public 25. Medical services, extended care 27. Vending machines 26. Motel 52. Warehouse retail stores 28. Wireless telecommunications fa- 27. Museums, public 53. Wireless telecommunications cilities - stealth (requires approval 28. Music (recordings) stores facilities - non-stealth. of a site and architectural review 29. Outdoor seating, when more than permit) . twelve total seats 1480 W CAMPBELL AVE // 15 PURCHASE PROCEDURE 5& LETTER OF INTENT PURCHASE PROCEDURE

Thank you for your interest in this freestanding property purchase that we are marketing for US Bank. The property is being offered “Un-Priced” with as much due-diligence material as the Seller can provide.

Please use the bank provided LOI and submit offers to the listing team at Cushman & Wakefield for review and consideration from the Seller.

1480 W CAMPBELL AVE // 17 TITLE REPORT

COMMITMENT CONDITIONS ALTA Commitment for Title Insurance 1. DEFINITIONS ISSUED BY (a) “Knowledge” or “Known”: Actual or imputed knowledge, but not constructive notice imparted by the Public Records.

(b) “Land”: The land described in Schedule A and affixed improvements that by law constitute real property. The term “Land” First American Title Insurance Company does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or Commitment easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent File No: NCS-970625-MPLS that a right of access to and from the Land is to be insured by the Policy. (c) “Mortgage”: A mortgage, deed of trust, or other security instrument, including one evidenced by electronic means authorized COMMITMENT FOR TITLE INSURANCE by law. Issued By (d) “Policy”: Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company pursuant to this Commitment. FIRST AMERICAN TITLE INSURANCE COMPANY (e) “Proposed Insured”: Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment. NOTICE (f) “Proposed Policy Amount”: Each dollar amount specified in Schedule A as the Proposed Policy Amount of each Policy to be

issued pursuant to this Commitment. IMPORTANT-READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE (g) “Public Records”: Records established under state statutes at the Commitment Date for the purpose of imparting constructive POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS notice of matters relating to real property to purchasers for value and without Knowledge. COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT. (h) “Title”: The estate or interest described in Schedule A.

THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, 2. If all of the Schedule B, Part I—Requirements have not been met within the time period specified in the Commitment to Issue OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE Policy, this Commitment terminates and the Company’s liability and obligation end. COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO 3. The Company’s liability and obligation is limited by and this Commitment is not valid without: EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED. (a) the Notice; (b) the Commitment to Issue Policy; THE COMPANY'S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED (c) the Commitment Conditions; IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE (d) Schedule A; COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER (e) Schedule B, Part I—Requirements; and PERSON. (f) Schedule B, Part II—Exceptions.

COMMITMENT TO ISSUE POLICY 4. COMPANY’S RIGHT TO AMEND The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, Subject to the Notice; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions; and the Commitment Conditions, encumbrance, adverse claim, or other matter recorded in the Public Records prior to the Commitment Date, any liability of the First American Title Insurance Company, a Nebraska Corporation (the "Company"), commits to issue the Policy Company is limited by Commitment Condition 5. The Company shall not be liable for any other amendment to this Commitment. according to the terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the 5. LIMITATIONS OF LIABILITY (a) The Company’s liability under Commitment Condition 4 is limited to the Proposed Insured’s actual expense incurred in the specified dollar amount as the Proposed Policy Amount and the name of the Proposed Insured. interval between the Company’s delivery to the Proposed Insured of the Commitment and the delivery of the amended If all of the Schedule B, Part I-Requirements have not been met within six months after the Commitment Date, this Commitment, resulting from the Proposed Insured’s good faith reliance to: Commitment terminates and the Company's liability and obligation end. (i) comply with the Schedule B, Part I—Requirements; (ii) eliminate, with the Company’s written consent, any Schedule B, Part II—Exceptions; or (iii) acquire the Title or create the Mortgage covered by this Commitment. (b) The Company shall not be liable under Commitment Condition 5(a) if the Proposed Insured requested the amendment or had Knowledge of the matter and did not notify the Company about it in writing. (c) The Company will only have liability under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the Commitment included the added matter when the Commitment was first delivered to the Proposed Insured. (d) The Company’s liability shall not exceed the lesser of the Proposed Insured’s actual expense incurred in good faith and described in Commitment Conditions 5(a)(i) through 5(a)(iii) or the Proposed Policy Amount. (e) The Company shall not be liable for the content of the Transaction Identification Data, if any. (f) In no event shall the Company be obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I—Requirements have been met to the satisfaction of the Company.

(g) In any event, the Company’s liability is limited by the terms and provisions of the Policy.

If this jacket was created electronically, it constitutes an original document.

This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions. II-Exceptions.

Copyright 2006-2016 American Land Title Association. All rights reserved. Copyright 2006-2016 American Land Title Association. All rights reserved.

The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. are prohibited. Reprinted under license from the American Land Title Association.

Form 50003700 (8-23-18) Page 1 of 11 ALTA Commitment for Title Insurance (8-1-16) Form 50003700 (8-23-18) Page 2 of 11 ALTA Commitment for Title Insurance (8-1-16) California California

1480 W CAMPBELL AVE // 18 TITLE REPORT

IAIITY O THE COMPANY MST E ASED ON THIS COMMITMENT T Commitment for Title nsurance a nly a Proposed Insured identified in Schedule A, and no other person, may mae a claim under this Commitment. b Any claim must be based in contract and must be restricted solely to the terms and provisions of this Commitment. c ntil the Policy is issued, this Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subect matter of this Commitment and supersedes all prior commitment negotiations, representations, and A T I C proposals of any ind, whether written or oral, express or implied, relating to the subect matter of this Commitment. d The deletion or modification of any Schedule B, Part II—Exception does not constitute an agreement or obligation to provide S A ile o CP coverage beyond the terms and provisions of this Commitment or the Policy. e Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authoried by the Company. T I D f When the Policy is issued, all liability and obligation under this Commitment will end and the Company’s only liability will be ssuing gent irst merican Title nsurance Company ational ssuing ffice outh th treet, uite , under the Policy. Commercial ervices inneapolis, Commitment o. CP ssuing ffice ile o. CP I THIS COMMITMENT HAS EEN ISSED Y AN ISSING AGENT The issuing agent is the Company’s agent only for the limited purpose of issuing title insurance commitments and policies. The Property ddress West Campbell venue, Campbell, C scrow fficerssistant ennifer ivingstonmanda issuing agent is not the Company’s agent for the purpose of providing closing or settlement services. ngstman evision o. Phone PROORMA POICY mail The Company may provide, at the reuest of a Proposed Insured, a proforma policy illustrating the coverage that the Company may provide. A proforma policy neither reflects the status of Title at the time that the proforma policy is delivered to a Proposed livingstonfirstam.comaangstmanfirstam.com Insured, nor is it a commitment to insure. Title fficerssistant alli stlieisa . ones ennedy ARITRATION Phone Arbitration provision intentionally removed. mail ostliefirstam.comlones

ennedyfirstam.com

SCHEDE A . Commitment ate uly , at . Policy to be issued

a ☒ T tended wner Policy Proposed nsured To e etermined Proposed Policy mount ,.

b ☐ T Policy Proposed nsured Proposed Policy mount

c ☐ T Policy Proposed nsured

Proposed Policy mount

. The estate or interest in the and described or referred to in this Commitment is

. The Title is, at the Commitment ate, vested in

.. T CT, T CT . The and is described as follows

S E A

This page is only a part of a ALTA Commitment for Title Insurance issued by irst American Title Insurance Company. This Commitment is not This page is only a part of a T Commitment for Title nsurance issued by irst merican Title nsurance Company. This Commitment is not valid without the otice the Commitment to Issue Policy the Commitment Conditions Schedule A Schedule B, Part IReuirements Schedule B, Part valid without the otice the Commitment to ssue Policy the Commitment Conditions chedule chedule , Part euirements chedule , Part IIExceptions. ceptions.

C A T A A C A T A A

The use of this orm or any derivative thereof is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses The use of this orm or any derivative thereof is restricted to T licensees and T members in good standing as of the date of use. ll other uses are prohibited. Reprinted under license from the American Land Title Association. are prohibited. eprinted under license from the merican and Title ssociation.

orm Page of ALTA Commitment for Title Insurance orm Page of T Commitment for Title nsurance California California

1480 W CAMPBELL AVE // 19 TITLE REPORT

T Commitment for Title nsurance . The following C documentation is reuired from i a copy of the rticles of rganiation ii a copy of the perating greement, if applicable

iii a Certificate of ood tanding andor other evidence of current uthority to Conduct A T I C usiness within the tate

S I II iv epress Company Consent to the current transaction ile o CP

Commitment o. CP . The following partnership documentation is reuired SCHEDE PART I i a copy of the partnership agreement, including all applicable amendments thereto ii a Certificate of ood tanding andor other evidence of current uthority to Conduct R usiness within the tate

iii epress Partnership Consent to the current transaction ll of the following euirements must be met

. The Proposed nsured must notify the Company in writing of the name of any party not referred to in . The following corporation documentation is reuired this Commitment who will obtain an interest in the and or who will mae a loan on the and. The i a copy of the rticles of ncorporation Company may then mae additional euirements or ceptions. ii a copy of the ylaws, including all applicable mendments thereto iii a Certificate of ood tanding andor other evidence of current uthority to Conduct

. Pay the agreed amount for the estate or interest to be insured. usiness within the tate

iv epress Corporate esolution consenting to the current transaction C. Pay the premiums, fees, and charges for the Policy to the Company.

. ocuments satisfactory to the Company that convey the Title or create the ortgage to be insured, . ased upon the Companys review of that certain partnershipoperating agreement dated N

or both, must be properly authoried, eecuted, delivered, and recorded in the Public ecords. for the proposed insured herein, the following reuirements must be met ny further amendments to said agreement must be submitted to the Company, together . eleasess or econveyances of tems one with an affidavit from one of the general partners or members stating that it is a true copy, that said partnership or limited liability company is in full force and effect, and that there have been no further amendments to the agreement. This Commitment will then be

. ther one subect to such further reuirements as may be deemed necessary. . ou must give us the following information a. ny off record leases, surveys, etc. b. tatements of dentity, all parties. . copy of the complete lease, as referenced in chedule , herein, together with any c. ther one amendments andor assignments thereto, must be submitted to the Company for review, along with an affidavit eecuted by the present lessee stating that it is a true copy, that the

lease is in full force and effect, and that there have been no further amendments to the The following additional reuirements, as indicated by , must be met lease. This Commitment will then be subect to such further reuirements as may be deemed

necessary. . Provide information regarding any offrecord matters, which may include, but are not

limited to leases, recent wors of improvement, or commitment statements in effect . pproval from the Companys nderwriting epartment must be obtained for issuance of the under the nvironmental esponsibility cceptance ct, Civil Code ection , et se. policy contemplated herein and any endorsements reuested thereunder. This Commitment

will then be subect to such further reuirements as may be reuired to obtain such approval. The Companys wners ffidavit form as provided by the company must be completed and submitted prior to close in order to satisfy this reuirement. This Commitment will then be subect to such further eceptions andor reuirements as may be deemed P. Potential additional reuirements, if T tended coverage is contemplated hereunder, and necessary. wor on the land has commenced prior to close, some or all of the following reuirements,

and any other reuirements which may be deemed necessary, may need to be met

. n TP survey of recent date, which complies with the current minimum standard detail reuirements for TP land title surveys, must be submitted to the Company

for review. This Commitment will then be subect to such further eceptions andor . The Companys ndemnity greement must be eecuted by the appropriate parties.

reuirements as may be deemed necessary.

This page is only a part of a T Commitment for Title nsurance issued by irst merican Title nsurance Company. This Commitment is not This page is only a part of a T Commitment for Title nsurance issued by irst merican Title nsurance Company. This Commitment is not valid without the otice the Commitment to ssue Policy the Commitment Conditions chedule chedule , Part euirements chedule , Part valid without the otice the Commitment to ssue Policy the Commitment Conditions chedule chedule , Part euirements chedule , Part ceptions. ceptions.

C A T A A C A T A A

The use of this orm or any derivative thereof is restricted to T licensees and T members in good standing as of the date of use. ll other uses The use of this orm or any derivative thereof is restricted to T licensees and T members in good standing as of the date of use. ll other uses are prohibited. eprinted under license from the merican and Title ssociation. are prohibited. eprinted under license from the merican and Title ssociation.

orm Page of T Commitment for Title nsurance orm Page of T Commitment for Title nsurance California California

1480 W CAMPBELL AVE // 20 TITLE REPORT

T Commitment for Title nsurance . inancial statements from the appropriate parties must be submitted to the Company for review.

A T I C

. copy of the construction contract must be submitted to the Company for review. S I II C

ile o CP

T. n inspection of the and must be performed by the Company for verification of the phase of Commitment o. CP

construction.

SCHEDE PART II . The Companys echanics ien is ddendum form must be completed by a Company E

employee, based upon information furnished by the appropriate parties involved.

T CTT T P CT, CT, TCT, TT CT CT T T CTT T T TT TT T PCC CT, CT, TCT, TT T TT W C, C, , , TT, TT, CP, TT, T .

The Policy will not insure against loss or damage resulting from the terms and provisions of any lease or easement identified in chedule , and will include the following ceptions unless cleared to the satisfaction of the Company

. ny defect, lien, encumbrance, adverse claim, or other matter that appears for the first time in the Public ecords or is created, attaches, or is disclosed between the Commitment ate and the date on which all of the chedule , Part euirements are met.

. a Taes or assessments that are not shown as eisting liens by the records of any taing authority that levies taes or assessments on real property or by the Public ecords b proceedings by a public agency that may result in taes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public ecords.

. ny facts, rights, interests, or claims that are not shown by the Public ecords but that could be ascertained by an inspection of the and or that may be asserted by persons in possession of the and.

. asements, liens or encumbrances, or claims thereof, not shown by the Public ecords.

. ny encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the and and not shown by the Public ecords.

. a npatented mining claims b reservations or eceptions in patents or in cts authoriing the issuance thereof c water rights, claims or title to water, whether or not the matters ecepted under a, b, or c are shown by the Public ecords.

. eneral and special taes and assessments for the fiscal year , a lien not yet due or payable.

This page is only a part of a T Commitment for Title nsurance issued by irst merican Title nsurance Company. This Commitment is not This page is only a part of a T Commitment for Title nsurance issued by irst merican Title nsurance Company. This Commitment is not valid without the otice the Commitment to ssue Policy the Commitment Conditions chedule chedule , Part euirements chedule , Part valid without the otice the Commitment to ssue Policy the Commitment Conditions chedule chedule , Part euirements chedule , Part ceptions. ceptions.

C A T A A C A T A A

The use of this orm or any derivative thereof is restricted to T licensees and T members in good standing as of the date of use. ll other uses The use of this orm or any derivative thereof is restricted to T licensees and T members in good standing as of the date of use. ll other uses are prohibited. eprinted under license from the merican and Title ssociation. are prohibited. eprinted under license from the merican and Title ssociation.

orm Page of T Commitment for Title nsurance orm Page of T Commitment for Title nsurance California California

1480 W CAMPBELL AVE // 21 TITLE REPORT

. The lien of special ta assessed pursuant to Chapter . commencing with ection of the INORMATIONA NOTES California overnment Code for Community acilities istrict o. , as disclosed by otice of

pecial Ta ien recorded anuary , as nstrument o. of fficial ecords. AERT CA S . The lien of supplemental taes, if any, assessed pursuant to Chapter . commencing with ection P of the California evenue and Taation Code. A T

. n easement for constructing and maintaining a ditch and incidental purposes, recorded ecember , in oo of eeds, Page . n avor of anta Clara alley Water Company, a corporation . Taes for proration purposes only for the fiscal year . ffects as described therein irst nstallment ,., P econd nstallment ,., P The location of the easement cannot be determined from record information. Ta ate rea

P . The terms and provisions contained in the document entitled treet mprovement greement recorded anuary , as nstrument o. of fficial ecords. Portion of Community acilities istrict included

. urvey prepared by looten Consulting, nc., dated ebruary , , under ob o. , . ccording to the latest available eualied assessment roll in the office of the county ta assessor, shows the following there is located on the land an Commercial tructure nown as West Campbell venue, Campbell, C. . uilding encroaches into the ide uilding etbac line as defined by the City of Campbell oning rdinance for C oning istrict ide etbac euired. . ccording 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, ecept as follows . idewal encroaches over the property line by . feet. one . idewal encroaches over the property line by . feet. . This preliminary reportcommitment was prepared based upon an application for a policy of title

. asements, Covenants and Conditions contained in the deed from ederal eposit nsurance insurance that identified land by street address or assessors parcel number only. t is the Corporation as eceiver for owney avings and oan ssociation, .., as rantor, to .. an responsibility of the applicant to determine whether the land referred to herein is in fact the land that ational ssociation, a national baning association, as rantee, recorded ugust , as is to be described in the policy or policies to be issued. nstrument o. of fficial ecords. eference being made to the document for full particulars. The map attached, if any, may or may not be a survey of the land depicted thereon. irst merican Title nsurance Company epressly disclaims any liability for loss or damage which may result from reliance on . Water rights, claims or title to water, whether or not shown by the public records. this map ecept to the etent coverage for such loss or damage is epressly provided by the terms and provisions of this Commitment or the Policy, if any, to which the map is attached. . We find no outstanding voluntary liens of record affecting subect property. n inuiry should be made concerning the eistence of any unrecorded lien or other indebtedness which could give rise to any security interest in the subect property.

. ny facts, rights, interests or claims which would be disclosed by a correct TP survey.

. ights of parties in possession.

This page is only a part of a T Commitment for Title nsurance issued by irst merican Title nsurance Company. This Commitment is not This page is only a part of a T Commitment for Title nsurance issued by irst merican Title nsurance Company. This Commitment is not valid without the otice the Commitment to ssue Policy the Commitment Conditions chedule chedule , Part euirements chedule , Part valid without the otice the Commitment to ssue Policy the Commitment Conditions chedule chedule , Part euirements chedule , Part ceptions. ceptions.

C A T A A C A T A A

The use of this orm or any derivative thereof is restricted to T licensees and T members in good standing as of the date of use. ll other uses The use of this orm or any derivative thereof is restricted to T licensees and T members in good standing as of the date of use. ll other uses are prohibited. eprinted under license from the merican and Title ssociation. are prohibited. eprinted under license from the merican and Title ssociation.

orm Page of T Commitment for Title nsurance orm Page of T Commitment for Title nsurance California California

1480 W CAMPBELL AVE // 22 TITLE REPORT

A T I C

hibit ile o CP

ile o. CP

The and referred to herein below is situated in the City of Campbell, County of anta Clara, tate of California, and is described as follows

T PT TCT T CT T T WT, WT T CT CP T WT TC PT . . T CT CP TC . T T P TC T T . . P WT T CT T TC . T T C PP T T PT T TCT T C TC T PT . W. P WT T CT CP TC . T T C PP TC T C C T T T, TT T T PC C WT . T, T CT , C TC . T T C PP TC . . P WT T CT T TC . T T C PP TC . . P WT T CT CP TC . T T C PP WC . . P WT T CT T T T PT TC . W. . T T T T PT .

CPT T

TT PT T CT CP, CP CPT T T C , TT . , C C.

or conveyancing purposes only P

This page is only a part of a T Commitment for Title nsurance issued by irst merican Title nsurance Company. This Commitment is not valid without the otice the Commitment to ssue Policy the Commitment Conditions chedule chedule , Part euirements chedule , Part ceptions.

C A T A A

The use of this orm or any derivative thereof is restricted to T licensees and T members in good standing as of the date of use. ll other uses are prohibited. eprinted under license from the merican and Title ssociation.

orm Page of T Commitment for Title nsurance California

1480 W CAMPBELL AVE // 23 LETTER OF INTENT [Addressee] – Sale Sale – Template USB PERIOD DILIGENCE DUE INSURANCE TITLE COMPANY TITLE DATE EXECUTION AGREEMENT OF FORM MONEY EARNEST PRICE PURCHASE PROPERTY Th byProperty Seller Buyer: to e following summarizes the Seller the summarizes e following RE:

7. LOI ______at ______located Improvements and Property Real certain Proposed buyer 17 .17

] (“ ]

______

”) Buyer Sale

,

a ______

by U.S.by Bank National Association, or its assigns (“ receipt of a termination notice notice a termination of receipt itwith the Property, may terminate th satisfied not is reason, no or reason any for discretion, absolute and sole due diligence in its Buyer, If investigatio the Property. to respect ns with Diligence”) Period have shall Buyer endorsements any of cost Buyer shall pay for the cost of any extended cov erage , and expense and cost at sole its Policy Title said of issuance the to therein. referenced documents to perm subject Property, the Real of as owner Seller show (b) Price, Purchase be issued on to the Property issued by the Title Company insure to title a commitment with Buyer provide expense, and cost sole tenWithin (10) business days theof Execution Date, Seller shall, at its 55402 801 at located The “Title Company Seller. and Buyer T as modifications T [ [Enter other Price any Purchase consideration] and property] target include and of consist shall “Property” The

$ he date the the date he use will parties he ______’s position concerning certain terms and conditions for a sale of the the for of a sale conditions terms and certain concerning position ’s . LETTER OF INTENT itted exceptions, (c) and include copies of all underlying title

]

to be held in escrow by Title Company. Company. Title by escrow in to held be a Option [Date]

2006 Form Owner’s ALTA Nicollet Mall, Minneapolis, Suite 1900, Minnesota Buyer Buyer , as legally described on the attached attached the on described as legally , to herein, described s further 1

thir

to perform, at its sole cost and expense, all of its its of all expense, and cost sole its at perform, to ” shall be First American Title Title American First be ” shall Seller

ty ( ty

Agreement is executed and delivered by both both by delivered and executed is Agreement may reasonably require.

it chooses it 3 0) days after the Effective Date (the “ (the Date Effective the after days 0) ’s form form ’s

Seller during the Due Diligence Pe Diligence Due the during . Option

e shall pay for all premiums related related all premiums for pay shall Option

Agreement, subject to such such to subject Agreement, . [enter brief description of description brief [enter

in an amount equal to the The commitment shall (a) (a) shall commitment The Agreement Agreement

Insurance Company Company Insurance Seller [name of Exhibit A

the the as as well upon Seller’s ”) of in . riod

Due Due . If If .

1480 W CAMPBELL AVE // 24 LETTER OF INTENT – Sale Sale – Template USB NOT AN AGREEMENT EXCHANGE 1031 ASSIGNMENT AGREEMENTS OTHER AND WARRANTIES LEASES, CONTRACTS, AS RESTRICTION USE CLOSING - IS

DELIVERY

7. LOI

17 .17

negotiations have been concluded and definitive written agreements understanding that no party will be bound by any of its terms until actions or negotiations. T further for as a basis rely justifiably may party which either upon this letter does constitute a contractual not preliminary undertaking legalother obligation, either express implied, or either on and party; (ii) of the negotiations to date and does not result in any c a summary only constitute letter this of terms the (i) that acknowledges binding any legally on party. execu a is This the other party shall cooperate in good faith. exchange, an such conduct to elects party either that the event In Code. wi th Section accordance in kind a like of 1031 of the Internal Revenue estate real other for Property the exchange to elect may Seller or Buyer withheld, conditioned or delayed. prior written consent of Seller which consent shall not be unreasonably Buyer may not assign its rights under th termination.or assignment such permit agreements the provided Date, Closing the as of or terminated it to assigned either the Property concern and affect which any of the var Buyer shall have the right, at itssole absolute and discretion, to have Materials, Diligence Due the reviewed and received has Buyer After condition ALL FAULTS , Seller shall deliver the Property to Buyer Property.] to adjacent remain will branch a USB if uses similar devices. or of ATM’s operation banking and related purposes, financ be subject to a declaration prohibiting the Property from being used for As Buyer Seller insurable shall convey Date”). “Closing (the Period Diligence ofDue the end the after day occur at theoffices of Title Company on or before the thirtieth Dili gence Period, the shall “Closing” Property the for the of p urchase the Due during Buyer by not terminated is Agreement Purchase the If th of termination the survive to stated expressly parties except hereto obligations for liabilities or are herein that and there shall be no further obligat become void, Buyer shall have no further rights in or to the Property, th Buyer, timely deliversBuyer the notice a condition of tion of thisof tion LOI

via via e of of non Quitclaim Quitclaim option a option the the - binding letterbinding intent of ious contracts, leases, warranties and other agreements agreements other and warranties leases, contracts, ious

Property and and Seller 2

without representation or warranty as warranty or representation without Deed. greementand the does not constitutenot does agreement an be that will agreeing to sell the Property sell the to agreeing .

his letter is executed by the parties with the with the parties by executed is letter his

fee simple title i title simple fee , the Earnest Money shall be returned to

By executingBy party this each , LOI ial services or for the placement or placement the for or services ial . ion liability or either the on of The parties acknowledge that that acknowledge parties The [Consider additional restricted restricted additional [Consider e o AS

ption contained herein shall o ption agreement

IS n and to the Property to e optiona ,

WHERE IS and WITH , the Property shall shall Property the ,

greement ontractual or or ontractual to to without the without the the (30 use .

or or th )

1480 W CAMPBELL AVE // 25 LETTER OF INTENT – Sale Sale – Template USB Its: agreement. the purchase in negotiations these indicated and return to finalize on of prepared then be will to theme. We two herein orig enclosed inals where below sign please principle, in agreement our reflect conditions and terms general above the If y By: ] [ PURCHASER ___ this ACCEPTED AND AGREED

7. LOI 17 .17

waive any right to assert clai to assert right any waive expressly parties both and agreement, a binding creating performance as personal regarded be will hereby contemplated transaction the other party arising out of such expenditures and/or actions. contemplate negotiations we will that continue relating this to such been have LOI LOI this to respect with us of by either actions any of taking exp the Neither cause. without or with time, any at negotiations, terminate to right the reserve specifically we each __ day of ______, 20__

additional considerations as either of us deem appropriate. We We deem appropriate. of us as either considerations additional mutually y By: ASSOCIATION NATIONAL BANK U.S. Sincerely, Its:

3

executed covering all of the foregoing matters and

ms for reimbursement or damages against . enditure of funds nor the

LOI

or the , but

1480 W CAMPBELL AVE // 26 FOR MORE INFORMATION CONTACT:

MIKE COSTA JAMES CHUNG +1 408 436 3660 +1 408 436 3630 [email protected] [email protected] Lic. #00415216 Lic. #01408190

Cushman & Wakefield 300 , Fifth Floor San Jose, CA 95128 www.cushmanwakefield.com