DBEDT Hawaii



STATUS REPORT

This Report (and any revisions thereto) is issued for the sole benefit of the Purchaser of this Report identified in the Order No. referenced below. Title Guaranty of Hawaii, Inc.'s responsibility for any actual loss incurred by reason of any incorrectness herein is limited to the lesser of $3,500 or two times the amount paid for this Report.

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SCHEDULE A

Title Guaranty of Hawaii, Inc. (the "Company") hereby reports as follows as to the title of the Parties named in Schedule A in and to the title to land described in Schedule C, subject to the matters set forth in Schedule B, based solely upon an abstract and examination of the following Indices in the State of Hawaii: (a) the Office of the Clerks of the Circuit Court of the Judicial Circuit within which the land is located; (b) the Office of the Clerk of the District Court of the United States for the District of Hawaii; (c) the Office of the Registrar of Conveyances; and (d) the Office of the Real Property Tax Assessment Division of the County within which the land is located.

HOUSING AND COMMUNITY DEVELOPMENT

CORPORATION OF HAWAII,

a state agency and a public body

and body corporate and politic of

the State of Hawaii,

as Fee Owner

This report is subject to the Conditions and Stipulations set forth in Schedule D and is dated as of September 4, 2018 at 8:00 a.m.

Inquiries concerning this report

should be directed to

JOANNE BOYETTE.

Email jboyette@

Fax (808) 533-5870

Telephone (808) 539-7725.

Refer to Order No. 201820871.

SCHEDULE B

EXCEPTIONS

1. Real Property Taxes, if any, that may be due and owing.

Tax Key: (2) 4-5-021-003 Area Assessed: 414.4490 acres

The property described herein is listed on the current County's tax records as being exempt from real property taxes.

-Note:- Attention is invited to the fact that the premises covered herein may be subject to possible rollback or retroactive property taxes due to possible loss of exemption status.

2. Mineral and water rights of any nature.

3. Any and all matters not shown in the Indices described in Schedule A.

4. The terms and provisions contained in the following:

INSTRUMENT : CERTIFICATE AND AUTHORIZATION

DATED : November 2, 1990

RECORDED : Document No. 90-175544

PARTIES : STATE OF HAWAII, and HOUSING FINANCE AND DEVELOPMENT CORPORATION, a public body and body corporate and politic of the State of Hawaii

RE : Reclassification of the property from Agricultural District to Urban District

5. GRANT

TO : MAUI ELECTRIC COMPANY, LIMITED

DATED : August 15, 1988

RECORDED : Liber 22246 Page 179

SCHEDULE B CONTINUED

GRANTING : a non-exclusive easement to construct, reconstruct, use, maintain and repair electric transmission and distribution lines and poles, over, under and across a portion of Easement "23", and Easements "18" and "19", more particularly described as follows:

(1) EASEMENT 18: Being a portion of the Government (Crown) Land of Wahikuli.

Beginning at the west corner of this easement and on the Kapunakea 2-Wahikuli boundary, the coordinates of said point of beginning referred to Government Survey Triangulation Station "LAINA" being 3,259.05 feet south and 3,974.23 feet west, thence running by azimuths measured clockwise from true South:

1. 248° 18' 30" 23.59 feet along the remainder of the Government (Crown) Land of Wahikuli;

2. 338° 18' 30" 5.00 feet along the remainder of the Government (Crown) Land of Wahikuli;

3. 68° 18' 30" 20.82 feet along the remainder of the Government (Crown) Land of Wahikuli;

4. 129° 20' 5.72 feet along the Kapunakea 2-Wahikuli boundary to the point of beginning and containing an area of 111 square feet, more or less.

(2) EASEMENT 19: Being a portion of the Government (Crown) Land of Wahikuli.

Beginning at the south corner of this easement and on the Kapunakea 2-Wahikuli boundary, the coordinates of said point of beginning referred to Government Survey Triangulation Station "LAINA" being 3,215.85 feet south and 4,026.94 feet west, thence running by azimuths measured clockwise from true South:

SCHEDULE B CONTINUED

1. 129° 20' 82.16 feet along the Kapunakea 2-Wahikuli boundary;

2. 147° 04' 10" 167.32 feet along the remainder of the Government (Crown) Land of Wahikuli;

3. 129° 37' 30" 126.50 feet along the remainder of the Government (Crown) Land of Wahikuli;

4. 141° 35' 120.73 feet along the Kapunakea 2-Wahikuli boundary;

5. 309° 37' 30" 244.49 feet along the remainder of the Government (Crown) Land of Wahikuli;

6. 221° 36' 40" 19.58 feet along the remainder of the Government (Crown) Land of Wahikuli;

7. 311° 36' 40" 5.00 feet along the remainder of the Government (Crown) Land of Wahikuli;

8. 41° 36' 40" 19.72 feet along the remainder of the Government (Crown) Land of Wahikuli;

9. 327° 04' 10" 248.33 feet along the remainder of the Government (Crown) Land of Wahikuli to the point of beginning and containing an area of 10,002 square feet, more or less.

6. The terms and provisions contained in the following:

INSTRUMENT : SUBDIVISION AGREEMENT 18.04.030.5 EXCEPTION

DATED : July 19, 1994

RECORDED : Document No. 94-130947

SCHEDULE B CONTINUED

PARTIES : STATE OF HAWAII HOUSING FINANCE AND DEVELOPMENT CORPORATION ("HFDC"), a body politic and corporate, and the STATE OF HAWAII, by its Board of Land and Natural Resources, a body politic and corporate, "Subdividers", and the COUNTY OF MAUI, a body politic and corporate, "County"

7. Easement "2" for utility and cane haul road Purposes, as shown on File Plan No. 2135.

8. Easement "3" for cane haul road Purposes, as shown on File Plan No. 2135.

9. Easement "4" for roadway and utility purposes, as shown on File Plan No. 2135.

10. New sewer lateral and new water lateral and new paved access driveway (20 feet wide).

11. A water pipeline easement covered by Governor Executive Order No. 3212, more particularly described as follows:

Beginning at the southwest corner of this easement, the southeast corner of Grant 10299 to (Mrs.) Katherine R. McDougall, the northeast end of Wahikuli Road, and at the end of Course 38 of the above described Villages of Leiali'i, Lot 5, thence running by azimuths measured clockwise from true South:

1. 211° 50' 34.48 feet along Grant 10299 to (Mrs.) Katherine R. McDougall;

2. 262° 00' 152.34 feet;

3. 284° 30' 30.00 feet;

4. 262° 00' 1673.00 feet;

SCHEDULE B CONTINUED

5. 352° 00' 15.00 feet along Wahikuli Reservoir Site, Governor's Executive Order 3212;

6. 82° 00' 1875.15 feet to the point of beginning and containing an area of 0.689 acre, more or less.

12. An access easement covered by Governor's Executive Order No. 3212, more particularly described as follows:

Being a non-exclusive road easement forty (40.00) feet wide.

Beginning at the northwest corner of this easement, the southeast corner of Grant 10299 to (Mrs.) Katherine R. McDougall, the northeast end of Wahikuli Road, and at the end of Course 38 of the above-described Villages of Leiali'i, Lot 5, thence running by azimuths measured clockwise from true South:

1. 262° 00' 1875.15 feet;

2. 262° 00' 200.00 feet along Wahikuli Reservoir Site, Governor's Executive Order 3212;

3. 352° 00' 40.00 feet;

4. 82° 00' 2123.59 feet;

5. 222° 27' 62.82 feet along the east end of Wahikuli Road to the point of beginning and containing an area of 1.928 acres, more or less.

13. EASEMENT A (10.00 feet wide for Water Pipeline) covered by Governor's Executive Order No. 2189, more particularly described as follows:

Being a strip of land 10.00 feet wide and extending 5.00 feet on each side of the following described centerline:

SCHEDULE B CONTINUED

Beginning at the west end of this centerline and on the east end of Wahikuli Road, the direct azimuth and distance from the end of Course 37 of the above-described Villages of Leiali'i, Lot 5, being 222° 27' 14.65 feet, thence running by azimuths measured clockwise from true South:

1. 262° 00' 25.00 feet;

2. 6° 33' 24.38 feet;

3. 20° 32' 92.02 feet to the westerly end of the centerline of Easement B described below;

4. 1° 26' 117.44 feet;

5. 359° 17' 30' 264.26 feet;

6. 82° 00' 15.64 feet to the end of Fleming Road and containing an area of 5,387 square feet, more or less.

14. EASEMENT B (10.00 feet wide for Water Pipeline):

Being a strip of land 10.00 feet wide and extending 5.00 feet on each side of the following described centerline:

Beginning at the west end of this centerline, being the end of Course 3 of the above-described Easement A, thence running by azimuths measured clockwise from true South:

1. 278° 33' 30" 56.49 feet to the west boundary of Wahikuli County Tank Site, Governor's Executive Order 2189 and containing an area of 565 square feet, more or less.

SCHEDULE B CONTINUED

15. Reserving to the State of Hawaii, its successors and assigns, portions of the Proposed Kahoma Stream Flood Control Project right-of-way Parcels 8 and 9, as shown on File Plan No. 2132.

16. The terms and provisions contained in the following:

INSTRUMENT : LAND PATENT GRANT NO. S-15,792

including but limited to the following:

1) All minerals, all surface and ground waters, all prehistoric and historic remains; and

2) Easements 2, 3, 4, A and B.

17. The terms and provisions contained in the following:

INSTRUMENT : MODIFICATION OF SUBDIVISION REQUIREMENTS AGREEMENTS

DATED : July 27, 1994

RECORDED : Document No. 96-003302

PARTIES : STATE OF HAWAII HOUSING FINANCE AND DEVELOPMENT CORPORATION ("HFDC"), a body politic and corporate, and the STATE OF HAWAII, by its Board of Land and Natural Resources, a body politic and corporate, "Subdivider", and the BOARD OF WATER SUPPLY OF COUNTY OF MAUI, "Board"

18. GRANT

TO : MAUI ELECTRIC COMPANY, LIMITED

DATED : September 15, 2004

RECORDED : Document No. 2004-193687

GRANTING : non-exclusive easements to construct, reconstruct, use, maintain and repair electric transmission line, including the right to trim and keep trimmed any trees in the way of its appliances and equipment, more particularly described therein.

SCHEDULE B CONTINUED

19. GRANT

TO : HAWAIIAN TELCOM, INC., and MAUI ELECTRIC COMPANY, LIMITED

DATED : September 12, 2006

RECORDED : Document No. 2006-171660

GRANTING : a nonexclusive easement right for utility purposes in, over, under and across Easement T-1, being more particularly described therein

20. GRANT

TO : STATE OF HAWAII, by its Department of Transportation

DATED : November 29, 2006

RECORDED : Document No. 2006-225335

GRANTING : an easement to construct, cut or fill, and maintain a slope on Slope Easement 3, being more particularly described therein

21. RESTRICTION OF VEHICLE ACCESS ACCESS RIGHTS

ALONG : along Honoapiilani Highway Realignment

CONTAINED : in QUITCLAIM DEED dated November 29, 2006, recorded as Document No. 2006-225336

22. Claims arising out of customary and traditional rights and practices, including without limitation those exercised for subsistence, cultural, religious, access or gathering purposes, as provided for in the Hawaii Constitution or the Hawaii Revised Statutes.

SCHEDULE B CONTINUED

23. Discrepancies, conflicts in boundary lines, shortage in area, encroachments or any other matters which a correct survey or archaeological study would disclose.

-Note:- A current survey, with metes and bounds description, should be made of said premises.

24. Any unrecorded leases and matters arising from or affecting the same.

25. Transfer of the fee title to the Land may require legislative approval and otherwise be subject to compliance with Hawaii Revised Statutes Section 171-64.7.

END OF SCHEDULE B

SCHEDULE C

All of that certain parcel of land (being portion(s) of the land(s) described in and covered by Government (Crown) Land of Wahikuli) situate at Wahikuli, District of Lahaina, Island and County of Maui, State of Hawaii, being LOT 5 REMAINDER, bearing Tax Key designation (2) 4-5-021-003, and containing an area of 414.4490 acres, more or less.

END OF SCHEDULE C

GENERAL NOTES

1. Land Court Order No. 166725, filed July 3, 2006, sets forth HOUSING AND COMMUNITY DEVELOPMENT CORPORATION OF HAWAII, a public body and body corporate and politic of the State of Hawaii, now known as HAWAII HOUSING FINANCE AND DEVELOPMENT CORPORATION;

2. Land Court Order 166726, filed July 3, 2006, sets forth HOUSING AND COMMUNITY DEVELOPMENT CORPORATION OF HAWAII, a public body and body corporate and politic of the State of Hawaii, now known as HAWAII HOUSING FINANCE AND DEVELOPMENT CORPORATION; and

"2. Act 180, Session Laws of Hawaii 2006 ("Act 180") effective July 1, 2006, separates and divides the HOUSING AND COMMUNITY DEVELOPMENT CORPORATION OF HAWAII into two separate state agencies, to be known as the HAWAII HOUSING FINANCE AND DEVELOPMENT CORPORATION and the HAWAII PUBLIC HOUSING AUTHORITY."

-Note:- Attention is invited to the following:

Title Guaranty of Hawaii, Incorporated is unable to determine which Entity holds title.

SCHEDULE D

CONDITIONS AND STIPULATIONS

1. This Status Report (which term shall include any revisions thereto) is a report of the record title only, based solely upon an abstract and examination of the Indices described in Schedule A as of the date of the Report. No responsibility is assumed for (a) matters which may affect the title but either were not disclosed or were incorrectly disclosed in said indices at the date hereof; or (b) matters created, suffered, assumed, or agreed to by Purchaser; or (c) matters not shown herein but actually know to Purchaser. Title Guaranty of Hawaii, Inc. (the "Company") makes no representation as to the legal effect, validity or priority of matters shown or referred to herein.

2. If the Report is incorrect in any respect, the responsibility of the Company shall be limited to the resulting actual loss, including any attorney's fees and legal costs, but in no event shall exceed the lesser of $3,500 or two times the amount paid for the Report. Upon payment of any loss hereunder, the Company shall be subrogated to all rights the Purchaser may have against any person or property as a result of such loss.

3. If the Purchaser of this Report shall suffer an actual loss by reason of the incorrectness of the Report, the Purchaser shall promptly notify the Company in writing. After receipt of such notice, the Company shall be allowed a reasonable time in which to investigate the claim. At its sole option, the Company may litigate the validity of the claim, negotiate a settlement or pay to Purchaser the amount the Company is obligated to pay under this Report. The Company's responsibility hereunder constitutes indemnity only and nothing herein shall obligate the Company to assume the defense of the Purchaser with respect to any claim made hereunder.

4. This report is the entire contract between the Purchaser and the Company and any claim by Purchaser against the Company, arising hereunder, shall be enforceable only in accordance with the provisions herein.

5. Notice required to be given the Company shall include the Order Number of this Report and shall be addressed to Title Guaranty of Hawaii, Inc., P.O. Box 3084, Honolulu, HI 96802, Attention: Legal Department.

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