2026-01-28 Response from the Landowner; Deed; Contract Agreement

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Together with a non-exclusive right-of-way for all reasonable purposes over and across the following premises: (1) That portion of Lot 15-A-2-B, Keauhou Beach Section, described as follows: Beginning at a pipe in concrete at the west corner of this easement, the southwest corner of Lot 15-A-2- A, the coordinates of said point of beginning referred to Government Survey Triangulation Station "Keauhou Coast" being 2,237.96 feet north and 1,002.05 feet east and running thence by azimuth measured clockwise from true South: 1. 249° 34' 00" 20.00 feet along Lot 15-A-2-; 2. 339° 34' 00" 6.68 feet along portion of Lot 15-A-2-B; 3. 88° 02' 10" 21.09 feet along Bishop Estate land to the point of beginning and containing an area of 67 square feet, more or less. (2) That portion of the private roadway (30-feet wide) extending from the west corner of said Lot 15-A-2-B to Alii Drive; provided, however, that Grantors shall, from time to time, have the right to substitute for said right-of-way other rights-of-way from said Lot 15-A-2-A to Alii Drive, such other rights-of-way to be equal to or better than the right-of-way herein granted; provided, further, that in the even any such right-of-way shall be dedicated or surrendered to public use for road purposes as provided by law, all rights therein of the Grantee shall thereupon cease and determine. Being all of the property conveyed by WARRANTY DEED dated August 17, 2024, recorded as Document No. A-9001000543, by HOKUKANO RANCH, INC., a Hawaii corporation, as Grantor, to NOUVEAUX KAILUA KONA LLC, a Florida limited liability company, as Tenant in Severalty, as Grantee. Subject to the following: 1. Reservation in favor of the State of Hawaii of all mineral and metallic mines. 2. Shoreline setbacks: "Shorelines setbacks established pursuant to the laws of the State of Hawaii, or any political subdivision thereof, and any ordinances, rules or regulations adopted or promulgated by any governmental authority pursuant to such laws." 3. Seaward boundary: "Determination of the seaward boundary of the land described herein pursuant to the laws of the State of Hawaii." 4. Issuance of a Patent on Land Commission Award Number 5785, Apana 2 to Keahualaaumoku. 5. Flood inundation (Zones AE and VE) as shown on survey map, dated April 17, 1990, revised July 19, 1990 and April 30, 1992. 6. The following item(s), as shown on the survey map prepared by Chrystal T. Yamasaki, Licensed Professional Land Surveyor No. 4331, dated January 18, 2021: 6