BERNAL AVENUE ASSOCIATES - ESTOPPEL

1. To the best of City's knowledge, absent any investigation at the Alameda County Recorder's Office, the CC&Rs remain in full force and effect. 2. Declarant and/or the "Association," as such term is defined in the CC&Rs, is not in default in the performance of its maintenance obligations under the CC&Rs with respect to the "Common Facilities," the "First Agreement," the "Second Agreement," as such terms are defined in the CC&Rs and that there are no defaults or outstanding issues pursuant to Section 10.6 of the CC&Rs that might result in a claim or action by the City, except as follows (if no defaults, state "none;" otherwise describe the nature and amount of any such defaults): NONE C. MAINTENANCE AGREEMENT With respect to the Maintenance Agreement dated as of August 6, 1985, between the City and Patrician and Koll, dba Bemal Avenue Associates (together "Bernal"), recorded on November 20, 1985, as Instnunent No. 85-248868 (the "Maintenance Agreement"): the parties. The Maintenance Agreement is in full force and effect and a binding obligation of 2. The Maintenance Agreement has not been amended or modified, either orally or in writing, except as follows (if any other amendments exist, describe here or state "none): NONE 3, Bemal is not in default in the performance of its maintenance obligations under the Maintenance Agreement, and there are no known issues that might result in a claim or action by the City, except as follows (if no defaults, state "none;" otherwise describe the nature and amount of any such defaults): NONE The City understands that you will rely upon this Estoppel Certificate in connection with making a loan to be made by you to WB Bemal, LLC and agrees that the information contained in this Estoppel Certificate is tree and correct to the best of its knowledge.