SUBDIVISION PUBLIC REPORT

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1 SUBDVSON PUBLC REPORT FOR Biltmore Gardens at Squaw Peak, a Condominium,. Registration No. DM SUBDVDER 1850 Maryland (phoenix), LLC c/o Tiffany & Bosco, P.A E. Camelback Road, 3 rd Floor Phoenix, Arizona November 21, 2006 Effective Date DSCLAMER This report is NOT A RECOMMENDATON NOR AN ENDORSEMENT by the State of Arizona of this land. The application and public report have not been subjected to a detailed examination by the Department. The report was prepared by the subdivider and none of the infonnation in this report bas been verified by the Department; all information has been accepted by the Department as true and accurate based on attestation of the subdivider andlor the subdivider's agents. The purchaser should verify all facts before signing any documents. The Department assumes no responsibility for the quality or quantity of any improvement in this development. ARZONA DEPARTMENT OF REAL ESTATE PHOENX OFFCE: TUCSON OFFCE: 2910 N. 44 th Street 400 West Congress FirstFool' Suite 523 Phoenix, Arizona Tucson, Arizona (602) ext 400 (520)

2 THE ARZONA DEPARTMENT OF REAL ESTATE 1. You BE GVEN this public report; REQURES THAT: 2. YOU SGN A RECEPT indicating that you received this report; RECOMMENDS: 1. You DO NOT SGN ANY AGREEMENT before you have read this report; 2. You see the EXACT PROPERTY you are interested in BEFORE SGNNG any document for lease or purchase. ARZONA LAW STATES: 1. THE SALE OR LEASE OF SUBDMDED LANDS PROR TO SSUANCE OF THS REPORT OR FALURE TO DELVER THJS REPORT TO YOU SHALL RENDER THE SALE OR LEASE RESCNDABLE BY YOu. ACTON TO RESCND MUST BE BROUGHT WTHN 3 YEARS FROM DATE OF EXECUTON OF PURCHASE AGREEMENT. 2. CONfRACTS OR AGREEMENTS FOR THE PURCHASE OF AN UNMPROVED LOT (WTHOUT A BULDlNG)* MAY BE RESClNDED BY YOU WTHOUT CAUSE BY SENDNG OR DELJVERNG WRTTEN NOTCE OF RESCSSON BY MDNGHT OF THE SEVENTH CALENDAR DAY FOLLOWNG THE SGNNG. 3. F YOU HAVE SGNED A PURCHASE AGREEMENT FOR THE PURCHASE OF AN UNMPROVED LOT (WTHOUT A BUlLDNG)* PROR TO NSPECTNG THE LOT, you HAVE SX MONTHS TO NSPECT AND UPON lnspecton MAY RESCND THE PURCHASE AGREEMENT. * A contract or agreement for purchase of a lot which includes a building or obligates the seller to complete construction of a building within two years from the contract date does not constitute the purchase of an unimproved lot. Therefore, ifyour purchase includes a lot and a building or a building to be built, you are not entitled to the rescission rights described in paragraphs 2 and 3. 2

3 REGSYRATON NO. DM BLTMORE GARDENS AT SQUAW PEAK. GENERAL This report includes: Units 1 through 12 and 14 through 72. The map of this subdivision: is recorded in Book 836 of Maps, Page 23, and Declaration of Condominium recorded at nstrument No , records of.. MaricopaCoupty, State ofarizona... The subdivision is approximately 4.64 acres in size. t has been divided into 71 Units and common areas~ Buildings are already constructed VOU Am ADVSED TO OBTAN A COPY OF THE RECORDED MAP AND CORRECTON DOCUMENTS, F ANY, AND NOTE ALL EASEMENTS, RESTRCTONS AND STATEMENTS CONTANED THEREN. SUBDVSON LOCATON Location: 1850 E. Maryland, closest major intersection is SR 51 and Lincoln, within the limits ofthe City ofphoenix, Maricopa County, State ofarizona. SUBDVSON CHARACTERSTCS Topography: Subdivider advises that the land is level. Flooding and Drainage: Subdivider advises that the subdivision is not subject to any lmown flooding or drainage problems. Christopher J. Wilson, P.E. of MetrolLand Consultants, LLC in his letter dated, May 4, 2006 bas cited: "The project Biltmore Gardens at Squaw Peak at 1850 E. Maryland Avenue, Phoenix, AZ is located within FEMA Flood Hazard "x., according to Flood nsurance Rate Map 04013C1670G dated September 30, Zone X is defined as "Areas of 0.2% annual change of flood; areas of 1% annual change offlood with average depths less than 1 foot or with drainage areas less than 1 square mile; and areas protected by levees from 1% annual chance flood". Zone "X" is defined by FEMA as Moderate to low risk zones. Per FEMA, ifthe property is not in a high-risk area, but instead in a low~to moderaterisk area, the law does not require flood insurance." 3

4 REGSTRAnON NO. DM Soils: Subdivider advises that the subdivision lots are not subject to subsidence or.expansive.soils. Adjacent Lands and Vicinity: Zoning to the West is R-3 (multi~family residential);.. SouthisPAD-l3 ld (planned Area Development- High Density); Southeast is R1-10. (single family residential); East is R-3 (multi-family residential); and North is Rl~6... (s41glefamily residential)...state Route 51 (piestewa Freeway) is adjacent at the northwest of the project. Arizona Canal is adjacent at the northeast comer ofthe project. Overhead power lines run parallel to the Arizona Canal in a northwest to southeast direction.. Granada Park is approximately Y4 mile east Phoenix Mountains Park and Recreation Area is approximately Y:z mile northeast Piestewa Peak: (mountain peak:) is approximately 1 Y2 miles northeast Arizona Biltmore Country Club and Golf Course is approximately 1 1'4 miles southeast Wrigley Mansion is approximately 1 Y4 mile southeast Arizona Biltmore Hotel is approximately 1 12 mile southeast Biltmore Fashion Park is approximately 2 miles southeast Camelback Esplanade is approximately 2 miles southeast Town and Country Shopping Center is approximately 1 Y2 miles south The Camelback Colonnade is approximately 1 Y2. miles south Phoenix Police Station is approximately % mile southeast City ofphoenix Wastewater Treatment Plant is less than Y4 mile east Greek Orthodox Church is across Maryland Avenue to the south Maryland Place Townhomes are adjacent to the east NFORMATON ON A PROPOSED OR EXSTNG TRANSMSSON LNE AND SUBSTATON MAY BE AVAnABLE FROM THE ARZONA CORPORATON COMMSSON OR FROM THE UTLTY COMPANY. NADDmON TO THE ABOVE DSCLOSED NFORMATON, BUYER SHOULD CONTACT THE UTLTY COMPANY FOR FURTBERAVALABLE NFORMATON WHCH MAY JNCLUDE STRUCTURE HEGHTS, SCHEMATCS OF WHAT THE STRUCTURES WHL LOOK LKE AND CONSTRUCTON SCHEDULES. Subdivider has researched the surrounding area land uses and has made every attempt to disclose information allowing Purchaser to make the most informed purchase decision. t is the responsibility of each prospective Purchaser to conduct independent research to determine ifthe property is acceptable. Purchaser is advised that homes situated adjacent to or in the vicinity of canals, freeways, water reclamation/treatment plants, well site/storage tanks, multi-family sites, worship 4

5 REGSTRATON NO. DM ,sites, parks, trails, open space areas, or other non-residential uses and/or other recreation,'amenities are likely to experience an additional amount of noise, 'odors,,fumes, application of pesticides, irrigation and drainage, pests such as flies and mosquitoes,,lighting, vehicular and pedestrian traffic associated with' the 'described uses and/or operations for an indefinite period of time. YOU ARE ADVSED TO DETERMNE FOR YOURSELF WHAT AFFECT, F ANY, THE USES ADJACENT TO OR W THE "VCNTY OF THE SUBDVSON WLL HAVE ON THE USE AND ENJqYMENT OF YOUR LOT. ARPORTS, ' Airport: Sky Harbor nternational Airport, located at 3400 E. Sky Harbor Boulevard is approximately 6 miles southeast Papago Army Airfield, located at Oak and 52 nd Streets is approximately 8 A miles southeast. ALTHOUGH THS SUBDVSON S NOT LOCATED N TERRTORY N THE VCNTY OF A MLTARY OR PUBLC ARPORT, AS DEFNED BY ARZONA REVSED STATUTES, FLGHTS TO AND FROM THS ARPORT MAY PRODUCE AlRCRAF' NOSE AS A RESULT OF FLGHT OPERATONS. UTLTES Electricity: Salt River Project, (SRP), (602) (website: The electric facilities to the units are complete. Purchaser's cost to receive service' is approximately $28.00 (plus tax) next day service establishment fee service or $48.00 (plus tax) same day or Saturday service establishment fee and a $ residential deposit may be required. The Association shall acquire and pay for the electricity for the Common Elements. Each Unit will be separately metered for electric service, and ail charges for the electric service to a Unit shall be paid by the Owner ofthe Unit. Street Lights: Common area lighting has been installed. Purchaser's cost for electricity is included in the Condominium Association assessments. Telephone: Qwest Communications, (website: The telephone facilities to the units are complete. Purchaser's cost to receive service is approximately $27.50 set-up charge and $13.18 per month for Basic phone service. Additional charges include extended area service charges, monthly zone increment charges, zone connection charges, as well as taxes, regulatory charges, surcharges and otberfees. T S POSSBLE THAT YOU MAY NOT HAVE TELEPHONE SERVCE AT THE TME OF CLOSlNG. YOU ARE ADVSED TO CONTACT YOUR SERVCE PROVDER TO DETERMNE THE STATUS OF TELEPHONE SERVCE. YOU MAY 5

6 REGlSTRATlON NO. DM ALSO WANT TO CONSDER TEMPORARY ALTERNATNES,.E.: A CELLULAR.TELEPHONE. Cable: Cox Communications, (623) (website: The cable facilities to the project are complete. Purchaser's cost to receive service is a $39.95 installation charge or $9.95 Fast Connect charge and a minimum of$49.95 per month for basic cable. Cox also offers reduced pricing for ord~ring bundled services. Additional charges may apply based on choices of service plans and premium channels. Cox. Communications may also charge an additional installation charge, iftbe individual units are not pre-wired. Natural Gas: Southwest Gas Corporation, (602) (website: The natural gas facilities to the units are complete. Purchaser's cost to receive service is included in the Condominium Association assessments. The Association shall acquire and pay for the natural gas for the Common Elements. Each Unit will be separately metered for natural gas, and all charges for the natural gas to a Unit shall be paid by the Owner ofthe Unit. NOTE: Natural gas is only available for the water heaters. Natural gas is NOT available for any other appliances. Water: City of Phoenix (602) (website: The water facilities to the units are complete. Purchaser's cost to receive service is included in the Condominium Association assessments. Sewage Disposal: City of Phoenix (602) (website: The water facilities to the units are complete. Purchaser's cost to receive service is included in the Condominium Association assessments. THE ABOVE COSTS ARE SUBJECT TO CHANGE BY SERVCE PROVDERS. YOU SHOULD CONTACT THE ABOVE PROVDERS REGARDNG EXTENSON RULES AND REGULATONS, SERVCE CONNECTONS AND COSTS NVOLVED. STREETS, ROADS AND DRANAGE Access to the Subdivision: Asphalt paved streets providing access to the subdivision is complete. The City ofphoenix provides maintenance, with purchaser's cost included in their property taxes. Access within the Subdivision: Asphalt paved drive providing access to the subdivision is complete. The Condominium Association will provide maintenance, with pmchasers cost included in the Condominium Association assessments. 6

7 REGSTRATON NO. DM Bll.TMORE GARDENS AT SQUAW PEAK, Flood and Drainage: The Condominium Association provides maintenance for the drainage/retention tracts, with purchaser's cost included in the Condominiwn Association assessments. COMMON, COMMUNTY AND RECREATONAL FACLTES Within the Subdivision: Subdivider is to complete a clubhouse and 25 meter pool by December 15, Landscaped common areas within the project are complete. The Condominium Association will provide maintenance for all common area facilities upon completion and final inspection. Purchaser's cost for maintenance is included in the Condominium Association assessments. ASSURANCES FOR COMPLETON Assurances for Completion ofsubdivision Facilities: Subdivider has a Letter of Credit for the completion ofthe clubhouse and pool. Assurances for Maintenance of Subdivision Facilities: The recorded Declaration of Condominiwn and Covenants; Conditions and Restriction's for this subdivision provide that the Condominium Association provides maintenance of au the common areas. The private utility companies will provide maintenance oftheir respective facilities. LOCAL SERVCES AND FACLTES Schools: Madison Heights Elementary School (PreK-4 grades) located at 7150 N. 22 nd Street is approximately % mile north; Madison No.1 Middle School (5-8 grades) located at 5525 N. 16 th Street is approximately 1 Y2 miles south and Camelback High School (9 12 grades) located at 4612 N. 28 th Street is approximately 3 Y2 miles southeast. Transportation is available by school bus. SCHOOL FACLTES AND BUS SERVCE MAY CHANGE. YOU SHOULD. CONTACT THE LOCAL SCHOOL BOARD REGARDNG THE CURRENT LOCATON OF SCHOOLS AND BUS SERVCE. PURCHASERS ARE ADVSED THAT SCHOOL BOUNDARES AND SCHOOL BUS TRANSPORTATON MAY CHANGE. YOU SHOULD CONTACT THE MADSON SCHOOL DSTRCT #1 AT (602) AND PHOENX UNON mgh SCHOOL DSTRCT AT (602) REGARDNG THE CURRENT LOCATON OF SCHOOLS AND BUS SERVCE. Shopping Facilities: Bashas' grocery store and Walgreen's Drug Store are located at 16 th Street and Glendale Avenue, approximately 1 mile northwest, Safeway located at 7 th Street and Glendale is approximately 1 % mile northwest and Albertson's located at 16 1h Street and Camelback Road is approximately 1 %miles southwest. 7

8 REGSTRATON NO. DM aka: Patio 7]. Publlc Transportation:.Valley Metro bus stop located at 16 th Street and. Glendale Avenue, approximately %milenorthwest and also at SR~51 and Glendale Avenue, approximately ~ mile north..... PURCHASERS ARE ADVSED THAT BUS ROUTES AND SCHEDULESMAY CHANGE. PlJRCHASERS. SHOULD CONTACT VALLEY METRO TRANST SYSTEM AT (602) OR VST THER WEBSTE AT www,valleymetro.org FOR THE'MOST CURRENT NFORMATON. Medical Facilities: Arizona Heart Hospital and Phoenix Children's Hospital,located at SR-51 and Thomas Road, are approximately 3 lh miles south; Phoenix ndian Hospital, located at 16 th Street and Glenrosa Avenue Gust north ofndian School) is approximately 2 ~ miles south; Los Ninos Hospital (no emergency services at this location), located at 2303 E. Thomas is approximately 4 miles southeast and St. Joseph's Hospital, located at 3 rd Avenue and Thomas Road is approximately 5 % mile southwest. Fire Protection: City of Phoenix Fire Deparbnent. included in their property taxes. Purchaser's cost for service is Ambulance Service: Available by dialing 911. Pollce Services: City ofphoenix Police Department. Garbage Services: Allied Waste provides service, as contracted with the Condominium Association. Purchaser's cost for service is included in the Association assessments LOCATONS AND COSTS OF THE ABOVE SERVCES AND FACLTES MAY CHANGE. YOU SHOULD VERFY THEm CURRENt LOCATONS AND COSTS PROR TO PURCHASE. SUBDVSON USE AND RESTRCTONS Use: This offering is for Condominium Units. Zoning: multi-family residential. The property is a conversion from multifamily rental units to condominium units, with an original construction date of Conditions, Reservations and Restrictions: As cited in the recorded Declaration of Condominium and Covenants, Conditions and Restrictions for the subdivision, the Association Bylaws and existing zoning ordinances. 8

9 REGSTRATON NO. DM YOU ARE ADVSED THAT THE DECLARATON OF COVENANTS, CONDmONSAND RESTRCTONS FOR THS SUBDVSON PROVDES FORAN ARCHTECTURAL CONTROL COMMTTEE. Restrictions and Other Matters of Record: Conditions, reservations and restrictions. that may 11m with the land including City or County zoning restrictions should.be... investigated by yqu... Copies of those items which are recorded may be inspe(;ted at the... Office of the Maricopa County Recorder. nfonnation about zoning may be obtained at.. the.office of the City of Phoenix Planning and Zoning Department.. Restrictions are recorded as cited inthe following title exceptions and per the subdivision plat. TTLE Title to this subdivision is vested in 1850 Maryland (phoenix), LLC, an Arizona limited. liability company. Subdivider's interest in this subdivision is evidenced by fee title. Title is subject, among other things, to all taxes, assessments, covenants, conditions, restrictions, limitations, reservations, rights, obligations, powers, easements, rights of way, liens, and charges of record. YOU SHOULD NVESTGATE THE TTLE AND SATSFY YOURSELF AS TO WHAT EFFECT, F ANY, THESE MATTERS MAY HAVE ON THE USE OF THE LAND. Title exceptions affecting the condition of title are listed in the Preliminary Title Report dated April 3, 2007 issued by First American Title for THE TALON GROUP, Title and Settlement Services, a division of First American Title nsurance Company. You should obtain a title report and determine the effect of the listed exceptions. EXCEPTONS: SEE EXHBT "A" ATTACHED METHOD OF SALE OR LEASE Sales: Your vested interest/ownership interest in the property will be evidenced by the subdivider delivering a recorded deed to you and by your signing a promissory note and mortgage or deed oftrust for the unpaid balance, if any. YOU SHOULD READ THESE DOCUMENTS BEFORE SGNJNG THEM. YOU ARE ADVSED THAT EARNEST MONEY DEPOSTS, DOWN PAYMENTS AND OTHER ADVANCED MONEY WLL BE PLACED N A NEUTRAL ESCROW. SUCH MONEY WLL NOT BE RELEASED TO THE SELLER UNTL CLOSE OF ESCROW. PURSUANT TO THE PURCHASE CONTRACT, SELECTON DEPOSTS WLL NOT BE PLACED N A NEUTRAL ESCROW. SUCH MONEY WLL BE PAD DRECT..Y TO THE SELLER AND MAY BE USED BY THE SELLER. THS 9

10 REGSTRATON NO. DM MEANS THE PURCHASER ASSUMES A RSK OF LOSNG SUCH MONEY F. THE SELLER S UNABLE OR UNWD...LNG TO PERFORM UNDER THE TERMS OF THE PURCHASE CONTRACT.... Release of Licms and Encumbrances: Subdivider has advised that arrangements have -been made with the Lender in the aforementioned Deed of Trust for the release of. individual units... Use and Occupancy: Unit purchasers will be pennitted to use and occupy their lot upon close ofescrow and recordation ofdeed.... THE PURCHASE CONTRACT S A BNDNG AGREE:MENT. CONTRARY TO THE TERMS AND PROVSONS OF THE CONTRACT, YOU MAY.HAVE ADDTONAL RGHTS, REMEDES AND WARRANTES PROVDED BY LAW. READ moroughly BEFORE SGNNG. F NOT UNDERSTOOD, SEEK COMPETENT ADVCE PDOR TO COM:MTMENT TO PURCHASE. TAXES Real Property Taxes: The combined primary and secondary property tax rate for this subdivision for the year 2006 is $] 1.70 per $ assessed valuation. The estimated property tax for an improved lot (lot with dwelling), based on the above tax rate and average sales price of$225,ooo.oo, is $2, AMOUNT OF TAXES SET FORTH ABOVE ARE APPROXMATE ONLY AND SUBJECT TO CHANGE. PROPERTY OWNERS ASSOCATONS Name and Assessments: Biltmore Gardens at Squaw Peak Homeowners Association, current assessment is $ per month. PAYMENTS TO PROPERTY OWNERS ASSOCATONS ARE SUBJECT TO CHANGE N ACCORDANCE WTH RECORDED RESTRCTONS. SAD ASSOCATON MAY ALSO MPOSE SPECAL ASSESSMENTS. Control ofassociation: Control ofthe Association will be transferred to the purchasers upon the ending ofthe earlier of: (i) (ii) Ninety (90) days after the conveyance ofseventy-five percent (75%) ofthe Units which may be created to Unit Owners other than the Declarant; or four (4) years after Declarant has ceased to offer Units for sale in the ordinary course of business. ]0

11 !REGSTRATON NO. DM Title to Common Areas: Title to the common areas will be deeded to the Unit Owners.. as an undivided percentage interest...membership: All Unit owners will be members ofthe Condominium Association., :YOU ARE ADVSED TO READ THE. RECQRDEDDECLARATON OF... CONDOMNUM AND COVENANTS, CONDmONS AND RESTRCTONS, ARTCLES OF NCORPORATON AND BYLAWS FOR TDS SUBDVSON TO DETERMNE THE RGHTS OF UNT OWNERS TO PARTCPATE N THE CONTROL OF THE PROPERTY OWNERS' ASSOCATON AND TO DETERMNE THE RGHTS, DUTES ANDLlVllTATONS OF OWNERS N AND TO USE OF THER UNTS. FURTHER, YOU SHOULD DElERMNE FOR YOURSELF F SUBDVDER'S ARRANGEMENTS AND PLANS FOR THE PAYMENT OF ASSESSMENTS ON UNSOLD UNTS Wll.L BE SUFFCENT TO FULFLL THE NEEDS, DEMANDS AND FNANCAL OBLGATONS OF THE ASSOCATON, AS SET FORTH N THE DECLARATON AND BYLAWS. 11

12 REGSTRATON NO. DM EXBlBT "A". 1. Taxes for the full year of2007. (The fust half is due October 1, 2007 and is delinquent December 15, The second halfis due March 1, 2008 and is delinquent May 1,2008.) 2. Any charge upon said land by reason of its inclusion in Biltmore Gardens at Squaw Peak Homeowners Association. 3. The liabilities and obligations imposed upon said land by reason of: (a) inclusion thereof within the boundaries of the Salt River Project Agricultural mprovement and Power District; (b) membership of the owner thereof in the Salt River Valley Water Users' Association, an Arizona corporation and (c) the terms of any Water Right Application made under the reclamation laws of the United States for the purpose ofobtainingwater rights for said land. 4. Easements, restrictions, reservations, conditions and set-back lines as set forth on the plat recorded as Book 836 of Maps, Page 23, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin to the extent such covenants, conditions or restrictions violate 42 USC 3604(c). 5. All matters set forth in Condominium Declaration for Biltmore Gardens at Squaw Peak, a condominium recorded as of Official Records and rerecorded as of Official Records and First Amendment recorded as of Official Records, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, or national origin, to the extent such covenants, conditions or restrictions violate Title 42, Section 3604(c), of the United States Codes. 6. Right of way for canals, laterals or ditches, including but not limited to the Arizona Canal. 7. Right ofway for road as shown on map recorded in Book 12 of Road Maps, Page An easement for refuse collection and incidental purposes, recorded as Docket 8103, Page 89. (Affects Common Areas) 12

13 REGSTRAnON NO. DM An easement for electric and communication lines and incidental purposes, recorded as Docket 8138, Page 378. (Affects Common Areas) 10. An easement for underground electrical power and facilities and incidental purposes, recorded as Docket 8195, Page 569. (Affects Common Areas) 11. The terms, conditions and provisions contained in the document entitled Notice of Telecommunication Service and Non-Exclusive Access Agreement" recorded February 7, 1997 as of Official Records. 12. An unrecorded lease dated May 9, 2003, executed by Villa Vallejo, LLC, an Arizona limited liability company as lessor and Web Service Company, nc. as lessee, as disclosed by a(n) Memorandum of Lease recorded August S, 2003 as ofofficial Records. 13. A Deed of Trust to secure an indebtedness of $7,650,000.00, and any other amounts or obligations secured thereby, recorded September 15, 2005 as of Official Records. Dated: September 15,2005 Trustor: 1850 Maryland (phoenix), L.L.C., an Arizona limited liability company Trustee: Land Title Agency of Arizona, nc., an Arizona corporation Beneficiary: Cole Taylor Bank, an lllinois banking corporation A document recorded March 9, 2007 as of Official Records, provides that the Deed of Trust or the obligation secured thereby has been modified. An Assignment of Rents and Leases recorded September 15, 2005 as of Official Records, as additional security for the payment of the indebtedness secured by the Deed of Trust recorded September 15, 2005 as of Official Records. NOTE: There are no further matters of record concerning this subdivision through the date ofthis report. 13

SUBDIVISION PUBLIC REPORT FOR

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