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Rio del Oro CC&Rs

Exhibit C — Alta Vista, LLC Dispute Resolution Procedures

Claim Resolution Addendum

SUBDIVISION: «Lot_Development» LOT: «Lot_Homesite» UNIT/PHASE: «Lot_Unit»

Post-Closing Claim Resolution; Mediation and Arbitration

This Post-Closing Claim Resolution Addendum presents a progressive three-step process which has as its objective the prompt resolution of Claims, as defined in Paragraph 1, below, that the purchaser of an Alta Vista LLC home may have regarding defects in construction or workmanship of the home or lot, defects or malfunctions related to appliances or other fixtures installed in the home, disputes relating to the Purchase and Sale Agreement, or disputes regarding the work performed by Alta Vista LLC (the “Declarant”) or its contractors or subcontractors in connection with the grading of Lots and/or the construction of access roads or other infrastructure improvements in the Rio Del Oro Development. The ultimate goal of Alta Vista, LLC, as the Seller of the home, is to create a community of satisfied purchasers. If you feel that you have a Claim your first obligation is to contact the Alta Vista, LLC Customer Care department. A Customer Care representative will meet with you and assist you in evaluating the problem you are experiencing and determine if it is a problem that may be covered by a warranty. This stage of the Claim Resolution process is described in Paragraph 2 below.

If Seller’s Customer Care efforts do not result in resolving the Claim to your satisfaction, then the process moves to stage two, which is mediation. As described in Paragraph 4, below, mediation is a non-adversarial process in which the parties engage the services of a neutral third party (the mediator) to hear presentations from both parties regarding the Claim and possible means of resolving the Claim, with the goal being to conclude the mediation with an agreed-upon course of action that will resolve the dispute. In mediation the goal is not to identify a winning or a losing party, but rather to achieve a mutually acceptable and fair resolution of Claim(s).

If the mediation process does not resolve the Claim(s) to Buyer’s satisfaction, then by signing this Addendum the Parties agree to proceed to the third and final stage of the dispute resolution process, which is binding arbitration. In an arbitration proceeding, a neutral party with experience in construction matters (the arbitrator) hears presentations from both the Seller and the Buyer, receives and evaluates evidence pertaining to the Claim, and ultimately renders a decision that is binding on both parties. This process is described in Paragraph 6, below.

  1. Description of Claims That Are Subject to These Post-Closing Dispute Resolution Procedures. There are three legal categories of controversies, Claims, causes of action and/or alleged liabilities (collectively, “Claims”) that could arise and be related to the Buyer’s purchase of a home from Seller that are subject to the alternative dispute resolution procedures of this Addendum. Those three categories of Claims are:

(a) Claims Relating to Defects in Construction. This category of Claims includes any Claims asserted by or on behalf of Buyer against the Seller and its agents to compel the Seller to correct alleged defects or deficiencies in the design or construction of the Buyer’s home or seeking recovery of damages relating to construction of the home. This category of possible Claims is often referred to as “Title 7 Claims” or “Calderon Claims” – both terms being references to Civil Code provisions relating to the resolution of construction defect Claims asserted by home buyers or common interest owner associations against home builders. See Civil Code sections 895-945.5 and 6000-6100.

(b) Claims Covered by Warranty Contracts. This category of Claims includes any Claims asserted by or on behalf of Buyer against the Seller or any agent of the Seller relating to alleged deficiencies in the quality of workmanship or materials in any appliances or fixtures Seller installed in the Buyer’s home that are covered either by Seller’s Limited Warranty Agreement or by a separate warranty offered by the manufacturer of the component. These warranty Claims could pertain, for example, to home improvements such as windows, doors, roofs, plumbing products and fixtures, fireplaces, electrical fixtures, HVAC units, countertops, cabinets, paint, and appliances. See Paragraph 3, below (“Warranty Claims”).

(c) Other Claims and Disputes Between Buyer and Seller. The third category of Claims that are covered by this Addendum includes any other Claim asserted by or on behalf of Buyer against Seller and/or any agent of the Seller involving matters other than alleged construction defects or warranty Claims. This third category of possible Claims may include, for example, disputes regarding the rights and obligations of the Buyer and Seller under this Purchase Agreement (including, without limitation, Claims for breach of contract, fraud, or misrepresentation); or Claims for fraud or breach of fiduciary duty; and any Claims involving alleged breaches of any other documents provided by Seller or an agent of the Seller to the Buyer in connection with the purchase of the Property (see the list of documents provided to Buyer at the time this Agreement was executed).

Collectively, the potential parties on either side of any Claims, as defined in subparagraphs (a), (b) and (c), above, shall be referred to in this Addendum as the “Parties.”

  1. How to begin the claim resolution process. Seller is in the business of building and selling homes to Buyers that are of a high quality of construction. It is in Seller’s best interest to build communities populated by satisfied home owners; and an important component in achieving those business objectives is to respond promptly to Buyer requests for Customer service and, when appropriate, to commence necessary repairs to the home following the close of escrow and to correct any construction defects or problems that are identified as a result of Seller’s inspection of the home as promptly as possible. Accordingly, the initial obligation of all Buyers who believe they have identified a construction defect or problem with their home or any appliances or fixtures in the home is to contact Seller’s Customer Care Department at 340 Palladio Parkway, Suite 521, Folsom, California, 95630-8832 or by calling the Customer Care Department at (916) 984-1300; fax (916) 984-1322.

Buyer’s initial contact with Seller’s Customer Care Department must include a written description, in reasonable detail, of the alleged defect or problem with construction that Buyer has experienced, so that Seller’s representative can determine the nature and the location of the construction defect or problem, if known by the Buyer. Seller shall then have a reciprocal obligation to promptly schedule a time that is convenient to the Buyer, to have the Buyer’s home visited and inspected by Seller’s Customer Care representative. Buyer agrees to afford reasonable access to Buyer’s home by the Seller’s representative and to schedule a convenient time for any repair work that is determined to be required. The parties shall be obligated to cooperate in good faith with these notices and Customer Care access requirements in order to resolve any defects or problems identified by Buyer as promptly as possible.

The notice and access requirements of this subparagraph (a) are contractual and are in addition to any notice and access requirements that the parties must observe pursuant to Civil Code sections 910 and 6000, if applicable to the claim. The types of “Claims” that are covered by this addendum shall be as defined in paragraph 1, above.

  1. Resort to Customer Service and Warranty Programs. Alta Vista, LLC, (the Seller) has a Customer Care Service program to respond to and resolve property owner complaints regarding matters related to the construction of the Buyer’s home or any components of the home (essentially the first two categories of Claims that are described in Paragraph 1, above). As provided in Civil Code section 910(b), any requests that an Owner makes pursuant to applicable warranties or Customer service procedures are in addition to, and shall not constitute satisfaction of, the notice requirements identified in subparagraph (d), below, that apply to “Title 7 Claims”, as defined in that subparagraph. Buyer is advised that if he or she wishes to pursue Claims that are covered by any contractual warranty issued or provided by Seller or any manufacturer of a product or component of Buyer’s residence or the Property, the provisions of the applicable contractual warranty are not affected by the provisions of this Addendum, except as provided in this Paragraph 3.

If the Buyer’s Claim cannot be resolved between the Parties through the Seller’s Customer Care program process or applicable warranty procedures, and the Claim is for a construction defect claim covered by one or both of the Civil Code sections identified in Paragraph 1(a), above, the Claim shall first be subject to the applicable non-adversarial Claim resolution procedures identified in Paragraph 4, below. If those statutory procedures are unsuccessful in resolving the Claim, then the Claim shall be resolved through the arbitration procedures set forth in Paragraph 6, below.

If the Claim is not a Title 7 Claim or a Calderon Claim and the Parties are unsuccessful in resolving the Claim pursuant to the Customer Care procedures described in this Paragraph 3, the Claim shall be resolved in a two-step process that begins with mediation in accordance with Paragraph 5, below; and, if necessary, through the arbitration procedures set forth in Paragraph 6, below.

Any and all Claims that are covered by Seller’s one year Fit-and-Finish Warranty shall be resolved pursuant to the dispute resolution process set forth in the most recent edition of the Fit-and-Finish quality assurance program agreement (limited warranty) as in effect on the date both Buyer and Seller sign this Purchase and Sale Agreement that pertains to the property and the residence that is the subject of the claim. That warranty and the attached performance guidelines that were provided to Buyer and other home purchasers in connection with their execution of a Purchase and Sale Agreement and the dispute resolution process prescribed in that warranty agreement are set forth on pages 3 through 9 of the limited warranty and is incorporated in this addendum and made a part hereof.

  1. Notice of Actions Against Seller and Compliance with Applicable Non-Adversarial Pre-Litigation Claim Resolution Procedures. As authorized by Civil Code section 910 et seq. Seller has elected to use the statutory pre-litigation procedures to resolve Title 7 Claims made by Buyer under Civil Code sections 910-938 (as such sections may be amended from time to time). These Civil Code provisions, which have been provided to each Buyer at the time a Purchase and Sale Agreement has been executed, set forth certain notice and non-adversarial pre-litigation Claim resolution procedures with respect to any Claims seeking recovery of damages relating to residential construction and/or violations of the functionality standards set forth in Civil Code sections 896-897. The notice requirements of this Paragraph 4 and Civil Code section 910 are in addition to any contractual notice requirements set forth in any limited warranty given to an Owner (including Buyer) by Seller or any manufacturer of a product installed in the Owner’s residence.

If the property being purchased has a legally formed Home Owners Association, before an association of property owners, as defined in Civil Code section 4080, can file a complaint for damages against a builder, developer or general contractor of a common interest development based upon a claim for defects in the design or construction of the development, other notice and dispute resolutions procedures may be applicable to the association’s Claim under Civil Code sections 6000 through 6100 (“Calderon Claims”). If the Claim is a Title 7 Claim or a Calderon Claim (i.e., a Claim relating to alleged construction defects), the mediation process set forth in Paragraph 5 below shall not apply, because the Civil Code non-adversarial dispute resolution processes for Title 7 Claims and Calderon Claims include similar mediation procedures.

  1. Mediation of Claims. If a Claim has not been resolved as provided above and the Claim is (i) not covered by the Limited Warranty and (ii) is not a Title 7 Claim or a Calderon Claim, the Claim shall be submitted to mediation pursuant to the mediation procedures adopted by the American Arbitration Association (except as such procedures are modified by the provisions of this Paragraph 5 or any successor to those procedures or to any other entity offering mediation services that is acceptable to all Parties). No person shall serve as a mediator of any Claim in which the person has any financial or personal interest in the result of the mediation, except by the written consent of all Parties to the Claim. Prior to accepting any appointment, the prospective mediator shall disclose any circumstances likely to create a presumption of bias or to prevent a prompt commencement of the mediation process. Buyer covenants that it shall not commence any litigation against the Seller or any Seller Parties without complying with the mediation procedures set forth in this Paragraph 5.

(a) Position Memoranda; Pre-Mediation Conference. Within ten (10) days of the selection of the mediator, each Party to the Claim participating in the mediation shall submit a brief memorandum setting forth its position with regard to the issues that need to be resolved. The mediator shall have the right to schedule a pre-mediation conference and all Parties to the Claim participating in the mediation shall attend the conference unless otherwise agreed. The mediation shall be commenced within ten (10) days following the submittal of the memoranda and shall be concluded within fifteen (15) days from commencement of the mediation, unless the Parties to the Claim participating in the mediation mutually agree to extend the mediation period. The mediation shall be held in the County in which the Property is located or such other place as is mutually acceptable to the Parties to the Claim participating in the mediation.

(b) Conduct of the Mediation. The mediator has the discretion to conduct the mediation in the manner in which the mediator believes is most appropriate for reaching a mediated settlement of the Claim. The mediator is authorized to conduct joint and separate meetings with the Parties to the Claim participating in the mediation and to make oral and written recommendations for settlement of the Claim. Whenever necessary, the mediator may also obtain expert advice concerning technical aspects of the Claim, provided the Parties to the mediation agree and assume the expenses of obtaining such advice as the Parties, among themselves, may agree. The mediator does not have the authority to impose a settlement on the Parties to the mediation.

(c) Exclusion Agreement. Prior to the commencement of the mediation session, the mediator and all Parties to the mediation shall execute an agreement pursuant to California Evidence Code section 1115 et seq., and any successor statutes or laws relating to the mediation of disputes, in order to exclude the use of any testimony or evidence produced at the mediation in any subsequent dispute resolution forum, including but not limited to court proceedings, reference proceedings, or arbitration hearings. Pursuant to California Evidence Code section 1115 et seq., the agreement shall specifically state that evidence of anything said or of any admission made in the course of the mediation is not admissible evidence, and disclosure of any such evidence shall not be compelled in any Civil action in which, pursuant to law, testimony can be compelled to be given. Unless the exclusion agreement provides otherwise, no document prepared for the purpose of, or in the course of, or pursuant to, the mediation, or copy thereof, is admissible in evidence, and disclosure of any such document shall not be compelled in any Civil action in which, pursuant to law, testimony can be compelled to be given. The provisions of California Evidence Code sections 1115 through 1128 shall also be applicable to any mediation pursuant to this Paragraph 5.

(d) Persons Permitted to Attend Mediation Sessions. Persons other than the Parties to the Claim participating in the mediation, their representatives, and the mediator may attend mediation sessions only with the permission of the Parties to the Claim who are participating in the mediation and with the consent of the mediator; provided, however, that such permission and consent shall not be required to allow participation of such parties’ insurer in the mediation to the extent required under any insured Party’s liability insurance policy. Although any Party has the right to be accompanied and represented in the mediation by legal counsel or another representative of the Party’s selection, the actual Party or Parties asserting the Claim must be present and participating in the mediation and the Seller’s Parties must be represented in the proceeding by a person or persons with authority to authorize a binding resolution of the Claim.

(e) Confidential Disclosures. Confidential information disclosed to a mediator by any Parties or by witnesses in the course of the mediation while serving in such capacity shall be confidential. There shall be no stenographic record of the mediation process, unless the Parties mutually agree that such a record shall be produced.

(f) Expenses. The expenses of witnesses for either side of the mediation shall be paid by the Party producing such witnesses. All other expenses of the mediation, including, but not limited to, the fees and costs charged by the mediator and the expenses of any witnesses or the cost of any proof or expert advice produced at the direct request of the mediator, shall be borne equally by the Parties to the Claim who are participating in the mediation, unless those Parties otherwise agree. Each Party to the Claim participating in the mediation shall bear its own attorneys’ fees and costs in connection with the mediation.

  1. ARBITRATION OF CLAIMS BETWEEN BUYER AND THE SELLER; APPLICATION OF THE FEDERAL ARBITRATION ACT. IN THE EVENT THAT ONE OR MORE CLAIMS OF A BUYER ARE SO SUBSTANTIAL THAT THEY CANNOT BE SATISFACTORILY RESOLVED BY MEDIATION PURSUANT TO PARAGRAPH 5, ABOVE, OR PURSUANT TO THE SIMILAR DISPUTE RESOLUTION PROCEDURES APPLICABLE TO TITLE 7 CLAIMS AND CALDERON CLAIMS UNDER THE CIVIL CODE (SEE PARAGRAPH 4, ABOVE) THEN THE FINAL STEP IN THIS CLAIMS RESOLUTION PROCESS SHALL BE FOR THE PARTIES TO SUBMIT THE CLAIMS TO BINDING ARBITRATION IN ACCORDANCE WITH THIS PARAGRAPH 6. BECAUSE THE CONSTRUCTION AND SALE OF RESIDENCES BY SELLER INVOLVES INTERSTATE COMMERCE WITH TRADES AND SUPPLIERS OUTSIDE OF CALIFORNIA AND MATERIALS AND PRODUCTS INCORPORATED INTO THE HOME WERE MANUFACTURED IN OTHER STATES, THE ARBITRATION SHALL BE CONDUCTED PURSUANT TO THE FEDERAL ARBITRATION ACT (TITLE 9 OF THE UNITED STATES CODE) AND THE CALIFORNIA ARBITRATION ACT (TO THE EXTENT THE CALIFORNIA ARBITRATION ACT IS CONSISTENT WITH THE FEDERAL ARBITRATION ACT).

(a) RULES APPLICABLE TO ALL CASES. THE ARBITRATION OF ANY CLAIMS BETWEEN BUYER AND SELLER SHALL BE CONDUCTED BY JUDICIAL ARBITRATION AND MEDIATION SERVICES (“JAMS”) IN ACCORDANCE WITH THE RULES OF JAMS IN EFFECT UPON THE INITIATION OF THE ARBITRATION (“JAMS RULES”). THE FOLLOWING SUPPLEMENTAL RULES SHALL APPLY TO ALL ARBITRATION PROCEEDINGS AND SHALL GOVERN IN THE EVENT OF A CONFLICT BETWEEN THE RULES SET FORTH BELOW AND THE JAMS RULES.

(b) QUALIFICATIONS OF ARBITRATORS. THE ARBITRATOR SHALL BE NEUTRAL AND IMPARTIAL AND EITHER A RETIRED JUDGE OR A MEMBER OR FORMER MEMBER OF THE CALIFORNIA STATE BAR WITH AT LEAST FIFTEEN (15) YEARS EXPERIENCE AS A PRACTICING LAWYER AND WITH AN EMPHASIS OR SPECIALTY IN THE FIELDS OF CONSTRUCTION AND REAL ESTATE.

(c) APPOINTMENT OF ARBITRATOR. THE ARBITRATOR SHALL BE SELECTED IN ACCORDANCE WITH JAMS RULES, BUT NO LATER THAN SIXTY (60) DAYS AFTER A NOTICE OF CLAIM IS FILED.

(d) EXPENSES. ALL FEES CHARGED BY JAMS AND THE ARBITRATOR SHALL BE ADVANCED BY THE SELLER. IF THE SELLER IS DETERMINED TO BE THE PREVAILING PARTY IN THE ARBITRATION, THE ARBITRATOR MAY, IN HIS OR HER DISCRETION AND ONLY TO THE EXTENT PERMITTED BY LAW AND JAMS RULES, DIRECT THE BUYER ASSERTING THE CLAIM TO REIMBURSE THE SELLER ALL OR PART OF THE JAMS FEE AND ARBITRATOR’S FEE ADVANCED BY THE SELLER.

(e) VENUE. THE VENUE OF THE ARBITRATION SHALL BE IN SACRAMENTO COUNTY, UNLESS THE PARTIES AGREE IN WRITING TO ANOTHER LOCATION.

(f) PRELIMINARY PROCEDURES. IF STATE OR FEDERAL LAW REQUIRES THE BUYER ASSERTING THE CLAIM OR THE SELLER TO TAKE STEPS OR PROCEDURES BEFORE COMMENCING AN ACTION IN COURT OR SUBMITTING THE CLAIM TO ARBITRATION, SUCH AS THE PROCEDURES DESCRIBED IN PARAGRAPH 4, ABOVE, THEN THE BUYER OR THE SELLER MUST TAKE SUCH STEPS OR FOLLOW SUCH PROCEDURES BEFORE COMMENCING THE ARBITRATION.

(g) PARTICIPATION BY OTHER PARTIES; NO AUTHORITY TO CONSOLIDATE SEPARATE CLAIMS OF DIFFERENT BUYERS. THE BUYER ASSERTING THE CLAIM AND THE SELLER SHALL BOTH BE ENTITLED TO HAVE ALL NECESSARY AND APPROPRIATE PARTIES INCLUDED AS PARTIES TO THE ARBITRATION. HOWEVER, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE BUYER’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING. THE FOREGOING IS NOT INTENDED TO PREVENT AN ARBITRATION BETWEEN THE SELLER AND AN ASSOCIATION IF THE COMPLAINING PARTY ASSERTING THE CLAIM IS PROPERLY THE ASSOCIATION, RATHER THAN AN INDIVIDUAL HOME OWNER.

(h) RULES OF LAW. THE ARBITRATOR MUST FOLLOW CALIFORNIA SUBSTANTIVE LAW (INCLUDING STATUTES OF LIMITATIONS). HOWEVER, STRICT CONFORMITY WITH THE RULES OF EVIDENCE IS NOT REQUIRED, EXCEPT THAT THE ARBITRATOR SHALL APPLY APPLICABLE LAW RELATING TO PRIVILEGE AND WORK PRODUCT. THE ARBITRATOR SHALL BE AUTHORIZED TO PROVIDE ALL RECOGNIZED REMEDIES AVAILABLE AT LAW OR EQUITY FOR ANY CAUSE OF ACTION.

(i) ADDITIONAL RULES APPLICABLE TO CERTAIN CASES. IN ANY ARBITRATION IN WHICH A CLAIM OF THE BUYER OR THE SELLER EXCEEDS $250,000 IN VALUE, THE FOLLOWING ADDITIONAL RULES WILL SUPPLEMENT JAMS RULES AND GOVERN IN THE EVENT OF A CONFLICT BETWEEN THE FOLLOWING RULES AND THE RULES SET FORTH ABOVE, JAMS RULES, OR BOTH.

(A) QUALIFICATIONS OF ARBITRATOR. IN ADDITION TO THE REQUIREMENTS OF SUBPARAGRAPH (b), ABOVE, THE ARBITRATOR SHALL BE A RETIRED JUDGE OF THE CALIFORNIA SUPERIOR COURT, A CALIFORNIA COURT OF APPEAL, OR THE CALIFORNIA SUPREME COURT.

(B) RULES OF LAW. THE CALIFORNIA EVIDENCE CODE SHALL APPLY.

(C) WRITTEN DECISION. WITHIN THIRTY (30) DAYS AFTER THE ARBITRATION PROCEEDING HAS CONCLUDED, THE ARBITRATOR MUST ISSUE A WRITTEN DECISION. IF EITHER THE BUYER ASSERTING THE CLAIM OR THE SELLER REQUESTS IT, THE ARBITRATOR MUST ISSUE A REASONED DECISION.

(j) FINAL AND BINDING AWARD. THE DECISION OF THE ARBITRATOR OR, IF AN APPEAL IS HEARD, THE DECISION OF THE APPEAL ARBITRATORS, SHALL BE FINAL AND BINDING. A PETITION TO CONFIRM, VACATE, MODIFY OR CORRECT AN AWARD OF THE ARBITRATORS MAY BE FILED IN ANY COURT OF COMPETENT JURISDICTION IN THE COUNTY IN WHICH THE PROPERTY IS LOCATED, BUT THE AWARD MAY BE VACATED, MODIFIED OR CORRECTED ONLY AS PERMITTED BY THE FEDERAL ARBITRATION ACT.

BY INITIALING THIS PROVISION, BUYER ACKNOWLEDGES THAT BUYER HAS READ AND UNDERSTANDS THE FOREGOING PROVISIONS OF THIS PARAGRAPH 6 AND AGREES TO SUBMIT ANY AND ALL CLAIMS ARISING OUT OF THE MATTERS INCLUDED IN THE “ARBITRATION OF DISPUTES” PROVISIONS TO NEUTRAL ARBITRATION.

BUYER’S AGREEMENT TO THE FOREGOING CLAIMS RESOLUTION PROVISIONS, INCLUDING THIS ARBITRATION PROVISION, IS VOLUNTARY.

  1. AGREEMENT TO PARTICIPATE IN CLAIM RESOLUTION PROCEDURES; WAIVER OF JURY TRIAL. SELLER AND BUYER AGREE TO HAVE ANY CLAIM RESOLVED ACCORDING TO THE PROVISIONS OF THIS ADDENDUM AND WAIVE THEIR RESPECTIVE RIGHTS TO PURSUE ANY CLAIM IN ANY MANNER OTHER THAN AS PROVIDED IN THIS ADDENDUM. SUCH PARTIES ACKNOWLEDGE THAT BY AGREEING TO GIVE UP ANY RIGHTS THEY MIGHT POSSESS TO HAVE THE CLAIMS LITIGATED IN A COURT OR JURY TRIAL AND TO GIVE UP THEIR RESPECTIVE RIGHTS TO APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE APPLICABLE RULES FOR ARBITRATION PROCEEDINGS OR OTHER APPLICABLE STATUTES.

Buyer’s Initials Buyer’s Initials Seller’s Initials

  1. Severability. In addition to and without limiting the effect of any general severability provisions of the Purchase and Sale Agreement, if any court determines that any provision of this Claims resolution addendum is unenforceable for any reason, that provision shall be severed and the proceedings agreed to in this claim resolution addendum shall be conducted under the remaining enforceable terms of the addendum.

The undersigned Buyer(s) confirm that they have read and understand the foregoing provisions of this Claims resolution addendum (or have had this addendum reviewed and explained to them by an advisor or other person of their selection) and agree to submit Claims (as defined in paragraph 1, above, arising out of the matters included in these claim resolution provisions to arbitration if they cannot be resolved to the Buyer’s satisfaction through the progressive process beginning with a notice to the Seller’s Customer Care Department, warranty, or the mediation provisions set forth above.

BUYER:

__________________________ DATED: ____________2022

__________________________ DATED: ____________, 2022

DATED: _____________, 2022

SELLER:

ALTA VISTA, LLC, an Arizona limited liability company

By: ___________________________________ Harry C. Elliott III, President

Exhibit D — Visibility Restriction Areas

[attached separately]