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D-240 GRANT DEED, 21979 SAN FERNANDO AVE, RES. 9728 'RECORDING REQUESTED BY -" ' CHICAGO TITLE COMPANY DOCUMENT: 13519575 Titles: 1 / Pages: 4 AND WHEN RECORDED MAIL TO Fees IS�The City of Cupertino, Taxes. . . No Fees Cop 300 Avnue Cu0perrtinoYeCalifornia 95014 .ee13519575. AMT I PAID BRENDA DAVIS RDE # 003 r C , SANTA CLARA COUNTY RECORDER 11/13/1996 Recorded at the request of 8:00 AM L Chicago Tit1-e Escrow No. 766328 -JG Order No. 766328 - LAD SPACE ABOVE THIS LINE FOR RECORDER'S USE GRANT DEED THE UNDERSIGNED GRANTOR(S)DECLARE(S) DOCUMENTARY TRANSFER TAXIS $ 0 —to be recorded without fee per government ❑ unincorporated area 0 Cityof Cupertino code section 6103 and 27333 -1 computed on the full value of the interest or property conveyed,or is ❑ computed on the full value less the value of liens or encumbrances remaining at time of sale,and FOR A VALUABLE CONSIDERATION,receipt of which is hereby acknowledged, Ruth Nelson Plato, Successor Trustee of the Declaration of Trust of Selma Elida Nelson dated January 19, 1984 �\ hereby GRANT(S) to The City of Cupertino, a Municipal Corporation l d the following described real property in the City ofCupertino Countyof SANTA CLARA ,State of California: LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF BY REFERENCE Dated November 11, 1996 STATE OF CALIFORNIA y1 COUNTY OF Santa Clara On November 12. 1996 before me, Ruth Nelson Plato, Successor Trustee Jacqueline Griffin a Notary Public in and for said County and State,personally appeared Ruth Nelson Plato personally known to me (or proved to me on the basis of satisfactory evidenbe he o the within instruot instrument and acknowledged to ) me to me execuutis/are subscribed ed the JACQUELINE GRIFFIN same in his/her/their authorized capacity(ies), and that by his/her/thea COMMI-09880x15 Z signature(s) on the instrument the person(s), or the entity upon behalf of : Nir-A ie} Public Cahfornin which the person(s)acted,executed the instrument. MONTEREY COUNTY N tl C��er m L + N AAR 17 7997 WITNE my hand and official seal. Sig u of Notary FOR NOTARY SEAL OR STAMP TAX T EM TS TO PARTY S WiJ N FOLLOWING LINE: IF NO PARTY SO SHOWN, MAIL AS DIRECTED ABOVE ame Street Address City,State&Zip GD1-08/07/94bk � t Page 1 Escrow No. 766328 -JG LEGAL DESCRIPTION EXHIBIT All that certain Real Property in the City of Cupertino, County of Santa Clara, State of California, described as follows: PARCEL ONE: Parcel "A", as shown upon that certain Record of Survey filed for record in the Office of the Recorder of the County of Santa Clara, State of California, on May 11, 1962 in Book 146 of Maps, at Page 56, under Recorder's File No. 2191351. PARCEL TWO: An Easement for ingress and egress and for the installation and maintenance of public utilities over a strip of land 37 feet wide, lying contiguous to and at right angles to the Northerly, Northeasterly and Northwesterly of the following described line: Beginning at a point on the Northwesterly line of San Fernando Avenue distant thereon N. 570 30' E. , 50 feet from the most Northerly corner of Lot 59, as said Lot and Avenue are shown upon that certain Map entitled, "Tract No. 211 Stevens Creek Subdivision Map No. 411, which said Map was filed for record in the Office of the Recorder of the County of Santa Clara, State of California on April 6, 1942 in Book 7 of Maps, at Page 31; thence S. 570 30' W. , along said line of San Fernando Avenue and along the general Northerly line of said Tract No. 211, a distance of 188.44 feet; thence S. 830 09' W. , a distance of 239 .08 feet; thence N. 760 56' 30" W. , 86.36 feet; thence S. 790 15' W. , 30.17 feet; thence S. 600 30' W. , 60.00 feet and S. 400 44' 30" W. , 20.00 feet to the terminus thereof. DEEDLEGL-03/09/93-1 rc RESOLUTION NO. 9728 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING GRANT DEED OF REAL PROPERTY FROM RUTH S. PLATO, SUCCESSOR TRUSTEE OF THAT CERTAIN DECLARATION OF TRUST OF SELMA ELIDA NELSON, DATED JANUARY 19, 1984, LOCATED AT 21979 SAN FERNANDO AVENUE, IN THE CITY OF CUPERTINO WHEREAS, the City Council of the City of Cupertino has approved the acquisition of real property from Ruth S. Plato, Successor Trustee of that certain Declaration of Trust of Selma Elida Nelson, dated January 19, 1984, located at 21979 San Fernando Avenue, adjacent to Blackberry Farm; and WHEREAS, Ruth S. Plato, Successor Trustee, has executed a grant deed which is in good and sufficient form granting to the City of Cupertino, County of Santa Clara, State of California, the fee title to that certain real property to be utilized for public purposes, situate in the City of Cupertino and more particularly described in Exhibit A and Exhibit B, attached hereto and made a part hereof, located at 21979 San Fernando Avenue, in the City of Cupertino; and WHEREAS, Bert J. Viskovich, Director of Public Works, has been authorized to sign the necessary documents to transfer title. NOW, THEREFORE, BE IT RESOLVED, that the City of Cupertino hereby accept said grant so tendered; and BE IT FURTHER RESOLVED that the City Clerk is hereby authorized to record said Grant of Deed. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino on the 4th day of November 1996 by the following vote: THIS IS TO CERTIFY THAT THE ITHII,4 VoteMembers of the City Council INSTRUMENT IS A TRUE AND CORRECT C❑Pl' OF THE ORIGINAL ON FILE IN THIS OFFICE. AYES: Bautista, Chang, Dean, Sorensen, Burnett ATTEST-:224-1— /-�, , ,9 96 NOES: None CITY. CL OF THE CITY OF CUPERTINO ABSENT: None 1 ABSTAIN: None eY CITY CLERIC ATTEST: APPROVED: City Clerk Mayor, City of Cupertino Page 1 Escrow No. 766328 -JG LEGAL DESCRIPTION EXHIBIT All that certain Real Property in the City of Cupertino, County of Santa Clara, State of California, described as follows: PARCEL ONE: Parcel "A", as shown upon that certain Record of Survey filed for record in the Office of the Recorder of the County of Santa Clara, State of California, on May 11, 1962 in Book 146 of Maps, at Page 56, under Recorder's File No. 2191351 . PARCEL TWO: An Easement for ingress and egress and for the installation and maintenance of public utilities over a strip of land 37 feet wide, lying contiguous to and at right angles to the Northerly, Northeasterly and Northwesterly of the following described line: Beginning at a point on the Northwesterly line of San Fernando Avenue distant thereon N. 570 30' E. , 50 feet from the most Northerly corner of Lot 59, as said Lot and Avenue are shown upon that certain Map entitled, "Tract No. 211 Stevens Creek Subdivision Map No. 411, which said Map was filed for record in the Office of the Recorder of the County of Santa Clara, State of California on April 6, 1942 in Book 7 of Maps, at Page 31; thence S. 570 30' W. , along said line of San Fernando Avenue and along the general Northerly line of said Tract No. 211, a distance of 188 .44 feet; thence S. 830 09' W. , a distance of 239 .08 feet; thence N. 760 56' 30" W. , 86 .36 feet; thence S. 790 15' W. , 30.17 feet; thence S. 600 30' W. , 60.00 feet and S. 400 44' 30" W. , 20 .00 feet to the terminus thereof. DEEDLEGL-03/09/93-Irc RESOLUTION NO. 9728 (AMENDED) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING GRANT DEED OF REAL PROPERTY FROM RUTH S. PLATO, SUCCESSOR TRUSTEE OF THAT CERTAIN DECLARATION OF TRUST OF SELMA ELIDA NELSON, DATED JANUARY 19, 1984, LOCATED AT 21979 SAN FERNANDO AVENUE, IN THE CITY OF CUPERTINO WHEREAS, the City Council of the City of Cupertino has approved the acquisition of real property from Ruth S. Plato, Successor Trustee of that certain Declaration of Trust of Selma Elida Nelson, dated January 19, 1984, located at 21979 San Fernando Avenue, adjacent to Blackberry Farm; and WHEREAS, Ruth S. Plato, Successor Trustee,has executed a grant deed which is in good and sufficient form granting to the City of Cupertino, County of Santa Clara, State of California, the fee title to that certain real property to be utilized for public purposes, situate in the City of Cupertino and more particularly described in Exhibit A and Exhibit B, attached hereto and made a part hereof, located at 21979 San Fernando Avenue, in the City of Cupertino; and WHEREAS, Bert J. Viskovich, Director of Public Works, has been authorized to sign the necessary documents to transfer title. NOW, THEREFORE, BE IT RESOLVED, that the City of Cupertino hereby accept said grant so tendered; and BE IT FURTHER RESOLVED that the City Clerk is hereby authorized to record said Grant of Deed. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino on the 6th day of January 1997 by the following vote: Vote Members of the Cite Council AYES: Burnett, Chang, Dean, Sorensen, Bautista NOES: None ABSENT: None ABSTAIN: None ATTEST: APPROVED: /s/ Kimberly Smith /s/ John Bautista City Clerk Mayor, City of Cupertino y Page 1 Escrow No. 766328 -JG LEGAL DESCRIPTION EXHIBIT All that certain Real Property in the City of Cupertino, County of Santa Clara, State of California, described as follows: PARCEL ONE: Parcel "A", as shown upon that certain Record of Survey filed for record in the Office of the Recorder of the County of Santa Clara, State of California, on May 11, 1962 in Book 146 of Maps, at Page 56, under Recorder's File No. 2191351. PARCEL TWO: An Easement for ingress and egress and for the installation and maintenance of public utilities over a strip of land 37 feet wide, lying contiguous to and at right angles to the Northerly, Northeasterly and Northwesterly of the following described line: Beginning at a point on the Northwesterly line of San Fernando Avenue distant thereon N. 570 30' E. , 50 feet from the most Northerly corner of Lot 59, as said Lot and Avenue are shown upon that certain Map entitled, "Tract No. 211 Stevens Creek Subdivision Map No. 411, which said Map was filed for record in the Office of the Recorder of the County of Santa Clara, State of California on April 6, 1942 in Book 7 of Maps, at Page 31; thence S. 570 30' W. , along said line of San Fernando Avenue and along the general Northerly line of said Tract No. 211, a distance of 188.44 feet; thence S. 830 09' W. , a distance of 239 .08 feet; thence' N. 760 56' 30" W. , 86.36 feet; thence S. 790 15' W. , 30.17 feet; thence S. 600 30' 'W. , 60.00 feet and S. 400 44' 30" W. , 20.00 feet to the terminus thereof. DEEDLEGL•07/09/93•Irc , •4111�-- Fa 2 6 i997ji FEB 1 U 1991 t/ Assessor's Parcel Number(A.P.N.) 357-10-005 REQUEST FOR CANCELLATION OF TAXES BY A PUBLIC AGENCY The undersigned authorized agent requests that the County of Santa Clara cancel taxes against the described property, pursuant to Revenue and Taxation Code Section 4986 et seq.,because of acquisition by the public agency. Attached is a copy of the acquisition document and a cr11/13/96 r s aut iortza ion(if applicable). Date Acquired �C How Acquired Deed ❑ Final Order ❑ Date Order of Possession Served Fee ❑ Easement ❑ Recorder's Doc.No. 13519575 Others...please state ❑ Tax Rate Area Requesting Agency: Assessee: Name City of Cupertino Name Ruth Plato Nelson, Successor Trustee of Declaration of Trust of Selma Elida Address 10300 Torre Avenue Address 71 979 San Fernando Aye. Nelson Cupertino, CA 95014 Cupertino, CA 95014 To be completed by t sessor's Office of Santa Clara County Total take So �� al ❑ +,••,/�� t 'J"�'� age n Acreage(or sq.ft.)acquired Acreage(or sq.ft.)remaining Roll Year Sp��'uc+Roll R ds Roll Should Read I Roll Reads Roll Should Read a I Imp. 5 — I Pers.Prop. Total -------------------------- Signature, Date and Phone Number Agency's Authorized County Counsel Assessment Appraiser Received by TRC Processed by Agent 4� `'(0-7 S Services TRC � �l`1l kc p.,k ic dC x�3a JP � Phone 777-A�2J_j 299-211 299-4231 299-2401 299-3671 299-3671 ____—_________—_— ---- --- ----- �4, t} 7____________________=_____ CHICAGO TITLE COMPANY Issuing Office: Escrow Location: 110 West Taylor Street 20100 Stevens Creek Blvd #190 San Jose, California 95110 Cupertino, California 95014 Phone: (408) 292-4212 Phone: (408) 253-9050 Fax: (408) 252-3792 Escrow No. 000766328 JG ESCROW OFFICER: Jacqueline Griffin The City of Cupertino, Order No. 766328 LAD 10300 Torre Avenue Reference: Cupertino, California 95014 Regarding: 21979 San Fernando Avenue Cupertino, California Dated as of: October 30, 1996 at 7:30 AM In response to the above referenced application for a policy of title insurance, CHICAGO TITLE COMPANY hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception in Schedule B or not excluded from coverage pursuant to the printed Schedules,Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in the attached list. Copies of the Policy forms should be.They are available from the office which issued the report. Please read the exceptions shown or referred to in Schedule B and the exceptions and exclusions set forth in the attached list of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens,defects,and encumbrances affecting title to the land. THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AN NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE,A BINDER OR COMMITMENT SHOULD BE REQUESTED. The form of policy of title insurance contemplated by this report is: CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY f PUBLIC WORKS Liz A. Duron Title Officer H O V 1 3 1996 PFPBI--11/07/94 AA SCHEDULE A Order No: 766328 LAD Your Ref: 1. The estate or interest in the land hereinafter described or referred to covered by this report is: A Fee as to Parcel One, Easement as to Parcel Two 2. Title to said estate or interest at the date hereof is vested in: Selma Elida Nelson, Trustee or her Successor of that certain Declaration of Trust of Selma Elida Nelson dated January 19, 1984 3. The land referred to in this report is situated in the State of California, County of SANTA CLARA and is described as follows: See Legal Description attached hereto and made a part hereof. PRELIMA-9/27/93bk DESCRIPTION Page 1 Order No. 766328 LAD All that certain Real Property in the City of Cupertino, County of Santa Clara, State of California, described as follows: PARCEL ONE: Parcel "A" , as shown upon that certain Record of Survey filed for record in the Office of the Recorder of the County of Santa Clara, State of California, on May 11, 1962 in Book 146 of Maps, at Page 56, under Recorder's File No. 2191351. PARCEL TWO: An Easement for ingress and egress and for the installation and maintenance of public utilities over a strip of land 37 feet wide, lying contiguous to and at right angles to the Northerly, Northeasterly and Northwesterly of the following described line: Beginning at a point on the Northwesterly line of San Fernando Avenue distant thereon N. 570 30' E. , 50 feet from the most Northerly corner of Lot 59, as said Lot and Avenue are shown upon that certain Map entitled, "Tract No. 211 Stevens Creek Subdivision Map No. 411, which said Map was filed for record in the Office of the Recorder of the County of Santa Clara, State of California on April 6, 1942 in Book 7 of Maps, at Page 31; thence S. 570 30' W. , along said line of San Fernando Avenue and along the general Northerly line of said Tract No. 211, a distance of 188.44 feet; thence S. 830 09' W. , a distance of 239 .08 feet; thence N. 760 56' 3011 W. , 86.36 feet; thence S. 790 15' W. , 30.17 feet; thence S. 600 30' W. , 60.00 feet and S. 400 44' 30" W. , 20.00 feet to the terminus thereof. SCHEDULE B Page 1 Order No: 766328 LAD Your Ref: At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in the policy form designated on the face page of this Report would be as follows: A 1. General and Special Taxes and Assessments, if any, for the fiscal year 19 96-97 Assessment No. : 357-10-005 Code No. : 13-207 First Installment: $427.81 Payable, but not yet due Second Installment: $427.81 Payable, but not yet due Assessed valuation Of Personal Property: NONE Homeowners Exemption: $7,000.00 B 2. The Lien of Supplemental Taxes, if any, assessed pursuant to the provisions of Chapter 3.5, (commencing with Section 75) of the Revenue and Taxation Code of the State of California. c 3 . Water Rights, Claims or Title to Water, whether or not the matters are shown by the public record. 0 4 . An Agreement, affecting said land, for the purposes, stated herein, upon the terms, convenants and conditions referred to therein, between the parties named herein For: Water Agreement Dated: January 23, 1946 Executed By: G. A. Bracher, et al, and Paul Mariani, Sr. , et al Recorded: January 25, 1946 in Book 1322 at Page 381 of Official Records E S. An Agreement, affecting said land, for the purposes, stated herein, upon the terms, convenants and conditions referred to therein, between the parties named herein For: Water Agreement Dated: February 15, 1946 Executed By: G. A. Bracher, et al, to John J. Alves, et al Recorded: February 19, 1946 in Book 1323 at Page 568 of Official Records F 6. An easement affecting the portion of said land, the exact location thereof cannot be ascertained of record, and for the purposes stated PRELIMS-8/7/91-Irc SCHEDULE B Page 2 (continued) Order No: 766328 LAD Your Ref: herein, and incidental purposes, In favor of: G.A. Bracher, A Single Man, and Albert Bracher, and F.W. Bracher For: Rights of way Recorded: February 19, 1946 in Book 1323 at Page 568 of Official Records G 7. An easement affecting the portion of said land, the exact location thereof cannot be ascertained of record, and for the purposes stated herein, and incidental purposes, In favor of: Kaiser Aluminum & Chemical Corporation For: Easements, rights of way Recorded: September 7, 1951 in Book 2279 at Page 507 of Official Records H 8. An Agreement, affecting said land, for the purposes, stated herein, upon the terms, convenants and conditions referred to therein, between the parties named herein For: The maintenance of buildings and structures Dated: May 28, 1956 Executed By: Kaiser Aluminum & Chemical Corporation and Albert Nelson, N. Sigfrid Nelson and S. Elida Nelson Recorded: November 1, 1956 in Book 3647 at Page 216 of Official Records t 9. An Agreement, affecting said land, for the purposes, stated herein, upon the terms, convenants and conditions referred to therein, between the parties named herein For: Easement Agreement Dated: April 3, 1991 Executed By: Blackberry Farm Recreation Center, a California Corporation, and Selma Elida Nelson, as Trustee of that certain Declaration of Trust of Selma Elida Nelson dated January 19, 1984, and Dan Tommy Nelson, as Trustee of the Eric Nelson and Gulli Nelson Revocable Trust executed June 16, 1983 Recorded: April 3, 1991 in Book L663 at Page 0152 of Official Records PRELIMBC-9/23/93bk SCHEDULE B Page 3 (continued) Order No: 766328 LAD Your Ref: 1 10. The effect of the following: K Affidavit: Death of Trustee Dated: March 1, 1996 Recorded: March 8, 1996 in Book P237 at Page 864 of Official Records In order for this Company to vest through the above referenced Affidavit Death of Trustee, we will require those portions of the Trust referred to in the Vesting herein which pertain to Successor Trustee. L 11. The terms and provisions of that certain Trust Agreement under which the vestee holds title, and the requirement that this office be furnished with: signed Certification Statement reflecting the current status of said trust, prior to the issuance of any Title Insurance, and any exceptions that may be disclosed thereby. 12. The herein referred to property appears to be free and clear of any Deeds of Trust or Mortgages. Please confirm if this is the case. V 13. Other matters of record which do not describe said land, but which, if any exist, may affect the title. The necessary search and examination will be completed when a Statement of Information has been received from Nelson, Ruth. N 14. "If an Alta Policy is requested, this Company will require an Inspection prior to the Close of Escrow. " 0 END OF SCHEDULE B P NOTE 1 : Title of the vestee herein was acquired by deed recorded prior to six months from the date hereof. Q NOTE 2 : If a 1970 ALTA Owner's or Lender's or 1975 ALTA Leasehold Owner's or Lender's policy form has been requested, the policy, when approved for issuance, will be endorsed to add the following to the Exclusions From Coverage contained therein: Loan Policy Exclusion: PRELIMOC-9/23/93bk SCHEDULE B Page 4 (continued) Order No: 766328 LAD Your Ref: Any claim, which arises out of the transaction creating the interest of the mortgage insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors, rights laws, that is based on: (i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or (iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. Owners Policy Exclusion: Any claim, which arises out of the transaction vesting in the insured, the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors, rights laws, that is based on: (i) the transaction creating the estate or interest by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. NOTE 3 : Effective July 1, 1994 all documents to be recorded in California must conform to the following: (A) A page for the purpose of recording shall be one printed side of a single piece of paper which is 8 1/2 inches by 11 inches. (B) A sheet shall be one printed side of a single piece of paper which is PRELIMBC-9/23/93bk SCHEDULE B Page 5 (continued) Order No: 766328 LAD Your Ref: not exactly 8 1/2 inches by 11 inches but not greater than 8 1/2 inches by 14 inches. (C) If a page or sheet does not conform to the dimensions of 8 1/2 inches by 11 inches the recorder shall charge $3.00 extra per page or sheet of the document. These changes are pursuant to Government Code Sections 27201, 27361 and 27361.5 which were enacted in the 1992 Legislative Session to be effective July 1, 1994. S NOTE 4 Basic Rate Applicable T NOTE 5 Effective March 1, 1979, there will be an additional $10.00 fee for recording a deed with a legal description other than an entire lot in a recorded final map. If there are any questions, please call your escrow officer or title officer. U VG/cg PRELIMBC-9/23/93bk OFFICE OF COUNTY ASSESSOR SANTA CLARA COUNTY, CALIFORNIA R. O. S. 6 6 7 3 5 L---BYRNE--- AVENUE---4— 4L 1 14+223 TWP 7 S R 2 W CITY OF CUPERTINO r.7 —75 1— 1 cr —2 3 14.10 AC. 'C? I i—A7 " r PCL cr W ul C ITY OF CUPERTINO U (33.91 TOTAL ACRES GROSS) 19.267 AC.NET z W > LLJ Ir— L4 1'n-ropr— ENC VE'q AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY(6-1-87) EXCLUSIONS In addition to the exceptions in Schedule B,you are not insured against loss,costs,attorney's fees and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning: • land use • land division • improvements on the land • environmental protection This exclusion does not apply to the violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. 2.The right to take the land by condemning it,unless: • a notice of exercising the right appears in the public records on the Policy Date • the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking 3.Title Risks: • that are created,allowed,or agreed to by you • that are known to you,but not to us,on the Policy Date-unless they appeared in the public records • that result in no loss to you • that first affect your title after the Policy Date-this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks 4. Failure to pay value for your title. 5. Lack of a right: • to any land outside the area specifically described and referred to in item 3 of Schedule A,or • in streets,alleys,or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. EXCEPTIONS FROM COVERAGE In addition to the Exclusions, you are not insured against loss, costs, attorneys' fees and expenses resulting from: 1. Someone claiming an interest in your land by reason of: A. Easements not shown in the public records B. Boundary disputes not shown in the public records C. Improvements owned by your neighbor placed on your land 2. If, in addition to a single family residence,your existing structure consists of one or more Additional Dwelling Units, Item 12 of Covered Title Risks does not insure you against loss, costs, attorneys' fees, and expenses resulting from: A. The forced removal of any Additional Dwelling Unit, or, B. The forced conversion of any Additional Dwelling Unit back to its original use, if said Additional Dwelling Unit was either constructed or converted to use as a dwelling unit in violation of any law or government regulation. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10-17-92) WITH ALTA ENDORSEMENT - FORM 1 COVERAGE and AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY (10-17-92) WITH ALTA ENDORSEMENT - FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage,costs,attorneys' fees or expenses which arise by reason of: 1. (a) Any law,ordinance or governmental regulation(including but not limited to building and zoning laws,ordinances,or regulations)restricting, regulating,prohibiting or relating to(i)the occupancy,use,or enjoyment of the land;(ii)the character,dimensions or location of any improvement now or hereafter erected on the land;(iii)a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part;or(iv)environmental protection,or the effect of any violation of these laws,ordinances or governmental regulations,except to the extent that a notice of the enforcement thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by(a)above,except to the extent that a notice of the exercise thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy,but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects,liens,encumbrances,adverse claims or other matters: (a) created,suffered,assumed or agreed to by the insured claimant; (b) not known to the Company,not recorded in the public records at Date of Policy,but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy(except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services,labor or material or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy);or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy,or the inability or failure of any subsequent owner of the indebtedness,to comply with applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage,or claim thereof,which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any statutory lien for services,labor or materials(or the claim or priority of any statutory lien for services,labor or materials over the lien of the insured mortgage)arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance. 7• Any claim,which arises out of the transaction creating the interest of the mortgagee insured by this policy,by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or (iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to purchaser for value r i!-idgmenf or lien creditor. The above policy forms may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage,the Exceptions from Coverage in a Standard Coverage policy will also include the following General Exceptions: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage(and the Company will not pay costs,attorneys'fees or expenses)which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments,or notices of such proceedings,whether or not shown by the records of such agency or by the public records. 2. Any facts,rights,interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 3. Easements,liens or encumbrances,or claims thereof,which are not shown by the public records. 4. Discrepancies,conflicts in boundary lines,shortage in area,encroachments,or any other facts which a correct survey would disclose,and which are not shown by the public records. 5. (a)Unpatented mining claims;(b)reservations or exceptions in patents or in Acts authorizing the issuance thereof;(c)water rights,claims or title to water,whether or not the matters excepted under(a),(b)or(c)are shown by the public records. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10-17-92) and AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY (10-17-92) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage,costs,attorneys' fees or expenses which arise by reason of: 1. (a) Any law,ordinance or governmental regulation(including but not limited to building and zoning laws,ordinances, or regulations)restricting, regulating,prohibiting or relating to(i)the occupancy,use,or enjoyment of the land;(ii)the character,dimensions or location of any improvement now or hereafter erected on the land;(iii)a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part;or(iv)environmental protection,or the effect of any violation of these laws,ordinances or governmental regulations,except to the extent that a notice of the enforcement thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by(a)above,except to the extent that a notice of the exercise thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy,but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects,liens,encumbrances,adverse claims or other matters: (a) created,suffered,assumed or agreed to by the insured claimant; (b) not known to the Company,not recorded in the public records at Date of Policy,but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy;or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. The above policy forms may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage,the Exceptions from Coverage in a Standard Coverage policy will also include the following General Exceptions: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage(and the Company will not pay costs,attorneys'fees or expenses)which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments,or notices of such proceedings,whether or not shown by the records of such agency or by the public records. 2. Any facts,rights,interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 3. Easements,liens or encumbrances,or claims thereof,which are not shown by the public records. 4. Discrepancies,conflicts in boundary lines,shortage in area,encroachments,or any other facts which a correct survey would disclose,and which are not shown by the public records. 5. (a)Unpatented mining claims;(b)reservations or exceptions in patents or in Acts authorizing the issuance thereof;(c)water rights,claims or title to water,whether or not the matters excepted under(a),(b)or(c)are shown by the public records. LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage,costs,attorneys'fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation(including but not limited to building and zoning laws,ordinances,or regulations)restricting, regulating,prohibiting or relating to(i)the occupancy,use,or enjoyment of the land;(ii)the character,dimensions or location of any improvement now or hereafter erected on the land;(iii)a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part;or(iv)environmental protection,or the effect of any violation of these laws,ordinances or governmental regulations,except to the extent that a notice of the enforcement thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by(a)above,except to the extent that a notice of the exercise thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy,but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects,liens,encumbrances,adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy,but created,suffered,assumed or agreed to by the insured claimant; (b) not known to the Company,not recorded in the public records at Date of Policy,but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy;or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy,or the inability or failure of any subsequent owner of the indebtedness,to comply with applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage,or claim thereof,which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. 6. Any claim,which arises out of the transaction vesting in the insured the estate or interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage(and the Company will not pay costs,attorneys'fees or expenses)which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments,or notices of such proceedings,whether or not shown by the records of such agency or by the public records. 2. Any facts,rights,interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements,liens or encumbrances,or claims thereof,which are not shown by the public records. 4. Discrepancies,conflicts in boundary lines,shortage in area,encroachments,or any other facts which a correct survey would disclose,and which are not shown by the public records. 5. (a)Unpatented mining claims;(b)reservations or exceptions in patents or in Acts authorizing the issuance thereof;(c)water rights,claims or title to water,whether or not the matters excepted under(a),(b)or(c)are shown by the public records. Reorder Form No. 12599(Rev. 2/93) Chicago Title Insurance Residential Company Title Insurance Policy One-to-Four Family Residences Owner's Coverage Statement This policy insures your title to the land described in • Exceptions in Schedule B Schedule A—if that land is a one-to-four family . Conditions on pages 2 and 3 residential lot or condominium unit. We insure you against actual loss resulting from: Your insurance, as described in this Coverage . any title risks covered by this Policy—up to the Statement, is effective on the Policy Date shown in Policy Amount Schedule A. and Your insurance is limited by the following: • any costs, attorneys'fees and expenses we have to • Exclusions on page 2 pay under this Policy Covered Title Risks This Policy covers the following title risks, if they the Policy Date—unless you agreed to pay for the affect your title on the Policy Date. labor and material. 1. Someone else owns an interest in your title. 9. Others have rights arising out of leases,contracts, 2. A document is not properly signed,sealed, or options. acknowledged, or delivered. 10. Someone else has an easement on your land. 3. Forgery, fraud, duress, incompetency, incapacity 11. Your title is unmarketable, which allows another or impersonation. person to refuse to perform a contract to 4. Defective recording of any document. purchase, to lease or to make a mortgage loan. 5. You do not have any legal right of access to and 12. You are forced to remove your existing from the land. structure—other than a boundary wall or fence—because: 6. There are restrictive covenants limiting your use of • it extends on to adjoining land or on to any the land. easement 7. There is a lien on your title because of: • it violates a restriction shown in Schedule B • a mortgage or deed of trust • it violates an existing zoning law • a judgment, tax, or special assessment 13. You cannot use the land because use as a • a charge by a homeowner's or condominium single-family residence violates a restriction shown association in Schedule B or an existing zoning law. 8. There are liens on your title, arising now or later, 14. Other defects, liens, or encumbrances. for labor and material furnished before Company's Duty to Defend Against Court Cases We will defend your title in any court case as to that We can end this duty to defend your title by exercising part of the case that is based on a Covered Title Risk any of our options listed in Item 4 of the Conditions. insured against by this Policy. We will pay the costs, attorneys'fees, and expenses we incur in that defense. Page 1 This policy is not complete without Schedules A and B. Exclusions r In addition to the Exceptions in Schedule B,you are not • the taking happened prior to the Policy Date and is insured against loss,costs, attorneys'fees, and expenses binding on you if you bought the land without resulting from: knowing of the taking 1. Governmental police power, and the existence or 3. Title Risks: violation of any law or government regulation. This • that are created, allowed, or agreed to by you includes building and zoning ordinances and also laws . that are known to you, but not to us, on the Policy and regulations concerning: Date—unless they appeared in the public records • land use • that result in no loss to you • improvements on the land • that first affect your title after the Policy Date—this • land division does not limit the labor and material lien coverage • environmental protection in Item 8 of Covered Title Risks This exclusion does not apply to violations or the 4. Failure to pay value for your title. enforcement of these matters which appear in the public 5. Lack of a right: records at Policy Date. • to any land outside the area specifically described This exclusion does not limit the zoning coverage and referred to in Item 3 of Schedule A described in Items 12 and 13 of Covered Title Risks. or 2. The right to take the land by condemning it, unless: • in streets, alleys,or waterways that touch your land • a notice of exercising the right appears in the public This exclusion does not limit the access coverage in Item records on the Policy Date 5 of Covered Title Risks. Conditions 1. Definitions a. Easement—the right of someone else to use your land d. Public Records—title records that give constructive for a special purpose. notice of matters affecting your title—according to b. Land—the land or condominium unit described in the state statutes where your land is located. Schedule A and any improvements on the land which e. Title—the ownership of your interest in the land, as are real property. shown in Schedule A. c. Mortgage—a mortgage, deed of trust, trust deed or other security instrument. 1. iraiisrer yr wrienweseccieaclaim, wenaveanmerigntsyounaa wewinnornenameroyourrweaonotpursuemese Your Rights against any person or property related to the claim. You rights or if we do not recover any amount that might must transfer these rights to us when we ask, and you be recoverable. must not do anything to affect these rights. You must With the money we recover from enforcing these rights, let us use your name in enforcing these rights. we will pay whatever part of your loss we have not paid. We have a right to keep what is left. 8. Arbitration If it is permitted in your state, you or the Company The arbitration shall be under the Title Insurance may demand arbitration. Arbitration Rules of the American Arbitration The arbitration shall be binding on both you and the Association. You may choose current Rules or Rules in Company. The arbitration shall decide any matter in existence on Policy Date. dispute between you and the Company. The law used in the arbitration is the law of the place The arbitration award may: where the property is located. • include attorneys'fees if allowed by state law You can get a copy of the Rules from the Company. • be entered as a judgment in the proper court. 9. Our Liability This Policy, plus any endorsements, is the entire Is Limited To contract between you and the Company. Any claim you This Policy make against us must be made under this Policy and is subject to its terms. American CHICAGO TITLE INSURANCE COMPANY Land Title By: Association Residential President Title Insurance By: Policy(6-1-87) Secretary Page 3 T Form 3663 Owner's Your Title Insurance Policy is a legal contract between, If you want to make a claim, see Item 3 under Information you and Chicago Title Insurance Company. Conditions on page 2. Sheet It applies only to a one-to-four residential lot or You do not owe any more premiums for the Policy. condominium unit. If your land is not either of these, This sheet is not your insurance Policy. It is only a contact us immediately. brief outline of some of the important Policy features. The Policy insures you against certain risks to your The Policy explains in detail your rights and land title. These risks are listed on page one of the obligations and our rights and obligations. Since the Policy. The Policy is limited by: Policy—and not this sheet—is the legal document, • Exclusions on page 2 YOU SHOULD READ THE POLICY VERY CAREFULLY. • Exceptions on Schedule B If you have any questions about your Policy, contact: • Conditions on pages 2 and 3 CHICAGO TITLE INSURANCE COMPANY You should keep the Policy even if you transfer the title to your land. Wr g:. S: Qx4 RESIDENTIAL POLICY SCHEDULE A Policy No: 000766328 LAD Your Reference: 21979 San Fernando Avenue Policy Amount : $387,500.00 Policy Date: November 13, 1996 at 8:00 AM Policy Premium: $1,415 .00 1. Name of Insured: The City of Cupertino, a Municipal Corporation 2. Your interest in the land covered by this Policy is: A Fee as to Parcel One, Easement as to Parcel Two 3. The land referred to in this Policy is situated in the County of SANTA CLARA State of California,and is described as follows: All that certain Real Property in the City of Cupertino, County of Santa Clara, State of California, described as follows: PARCEL ONE: Parcel "A", as shown upon that certain Record of Survey filed for record in the Office of the Recorder of the County of Santa Clara, State of California, on May 11, 1962 in Book 146 of Maps, at Page 56, under Recorder's File No. 2191351. PARCEL TWO: An Easement for ingress and egress and for the installation and maintenance of public utilities over a strip of land 37 feet wide, lying contiguous to and at right angles to the Northerly, Northeasterly and Northwesterly of the following described line: SEE ATTACHED DESCRIPTION This Policy valid only if Schedule B is attached. A LTA R PA-02/26/92-I rc r DESCRIPTION Page Order No. 766328 LAD Beginning at a point on the Northwesterly line of San Fernando Avenue distant thereon N. 570 30' E. , 50 feet from the most Northerly corner of Lot 59, as said Lot and Avenue are shown upon that certain Map entitled, "Tract No. 211 Stevens Creek Subdivision Map No. 411, which said Map was filed for record in the Office of the Recorder of the County of Santa Clara, State of California on April 6, 1942 in Book 7 of Maps, at Page 31; thence S. 570 30' W. , along said line of San Fernando Avenue and along the general Northerly line of said Tract No. 211, a distance of 188.44 feet; thence S. 830 09' W. , a distance of 239.08 feet; thence N. 760 56' 3011 W. , 86.36 feet; thence S. 790 15' W. , 30.17 feet; thence S. 600 30' W. , 60.00 feet and S. 400 44' 30" W. , 20.00 feet to the terminus thereof. RESIDENrYiAL POLICY SCHEDULE B EXCEPTIONS Policy No. 766328 LAD In addition to the Exclusions,you are not insured against loss,costs, attorney's fees and expenses resulting from: PART 1. Someone else claiming an interest in your land by reason of: A. Easements not shown in the public records B. Boundary disputes not shown in the public records C. Improvements owned by your neighbor placed on your land. 2. If,in addition to a single family residence,your existing structure consists of one or more Additional Dwelling Units, item 12 of Covered Title Risks does not insure you against loss,costs,attorneys'fees,and expenses resulting from: A. The forced removal of any Additional Dwelling Unit,or, B. The forced conversion of any Additional Dwelling Unit back to its original use, if said Additional Dwelling Unit was either constructed or converted to use as a dwelling unit in violation of any law or government regulation. PART II A 1. General and Special Taxes and Assessments, if any, for the fiscal year 19 96-97 Assessment No. : 357-10-005 Code No. : 13-207 First Installment: $427.81 Paid Second Installment: $427.81 Payable, but not yet due Assessed Valuation Of Personal Property: NONE Homeowners Exemption: $7,000.00 B 2 . The Lien of Supplemental Taxes, if any, assessed pursuant to the provisions of Chapter 3 .5, (commencing with Section 75) of the Revenue and Taxation Code of the State of California. c 3 . Water Rights, Claims or Title to Water, whether or not the matters are shown by the public record. 0 4 . An -Agreement, affecting said land, for the purposes, stated herein, upon the terms, convenants and conditions referred to therein, between the parties named herein For: Water Agreement Dated: January 23, 1946 Executed By: G. A. Bracher, et al, and Paul Mariani, Sr. , et al Recorded: January 25, 1946 in Book 1322 at Page 381 of Official Records ALTARPB2-11/93-Irc Policy No.766328 -LAD SCHEDULE B Page 2 (Continued) E 5. An Agreement, affecting said land, for the purposes, stated herein, upon the terms, convenants and conditions referred to therein, between the parties named herein For: Water Agreement Dated: February 15, 1946 Executed By: G. A. Bracher, et al, to John J. Alves, et al Recorded: February 19, 1946 in Book 1323 at Page 568 of Official Records F 6. An easement affecting the portion of said land, the exact location thereof cannot be ascertained of record, and for the purposes stated herein, and incidental purposes, In favor of: G.A. Bracher, A Single Man, and Albert Bracher, and F.W. Bracher For: Rights of way Recorded: February 19, 1946 in Book 1323 at Page 568 of Official Records G 7. An easement affecting the portion of said land, the exact location thereof cannot be ascertained of record, and for the purposes stated herein, and incidental purposes, In favor of: Kaiser Aluminum & Chemical Corporation For: Easements, rights of way Recorded: September 7, 1951 in Book 2279 at Page 507 of Official Records H 8. An Agreement, affecting said land, for the purposes, stated herein, upon the terms, convenants and conditions referred to therein, between the parties named herein For: The maintenance of buildings and structures Dated: May 28, 1956 Executed By: Kaiser Aluminum & Chemical Corporation and Albert Nelson, N. Sigfrid Nelson and S. Elida Nelson Recorded: November 1, 1956 in Book 3647 at Page 216 of Official Records I 9 . An Agreement, affecting said land, for the purposes, stated herein, upon the terms, convenants and conditions referred to therein, between the parties named herein For: Easement Agreement Dated: April 3, 1991 Executed By: Blackberry Farm Recreation Center, a California SCHEDBC 2/95 ksn Policy No.766328 - LAD SCHE �ULE' B Page 3 (Continued) Corporation, and Selma Elida Nelson, as Trustee of that certain Declaration of Trust of Selma Elida Nelson dated January 19, 1984, and Dan Tommy Nelson, as Trustee of the Eric Nelson and Gulli Nelson Revocable Trust executed June 16, 1983 Recorded: April 3, 1991 in Book L663 at Page 0152 of Official Records W LD/cvg SCHEDBC 2/95 ksn OFFICE OF COUNTY ASSESSOR SANTA CLARA COUNTY, CALIFORNIA 357 !O R. D. S. 6 6 7 3 5 1 200' 7 ct---BYRNE--- AVENUE---C— IIt I ci 03 41312 Z, '3 TWP7S -R 2W CITY OF CUPERTINO 7 .=A Go .les as Z. 14-10 AC- S. Ir, PCL. 4 i.-VW' 0. 'I LL CITY OF CUPERTINO W cc (33-91 TOTAL ACRES GROSS) 19,267 AC.NET Z w > L4 7kT,;c ,7.!r CHICAGO TITLE COMPANY BUYER'S/BORROWER'S SETTLEMENT STATEMENT PAGE: 01 ESCROW NUMBER: 02970-000766328-001 ORDER NUMBER: 02970-000766328 CLOSING DATE: 11/13/96 CLOSER: Jacqueline Griffin BUYER: The City of Cupertino, and a Municipal Corporation SELLER: Ruth Nelson Plato, Successor Trustee PROPERTY: 21979 San Fernando Avenue, Cupertino, California 95014 CHARGE BUYER CREDIT BUYER Sales Price $ 387,500.00 $ Deposits Received 11/13/96 BUYER FUNDS 389,929 .08 -------------- TOTAL RECEIPTS 389,929 .08 Prorations And Adjustments County Taxes from 11/13/96 to 01/01/97 114 .08 Total amount $ 427.81 for 180 days Settlement or Closing Fee 710.00 Document Preparation 70.00 Notary Fees 10.00 Title Insurance 1,415.00 ALTA Inspection Fee to Chicago Title Insurance Company 45.00 Delivery Fees to Chicago Title Insurance Company 15.00 Geologic Report to JCP 50.00 -------------- -------------- TOTALS $ 389,929 .08 $ 389,929 .08 OMB No.2502-0265(Exp. 12-31-86) Page 1 A. B. TYPE OF LOAN CHICAGO TITLE COMPANY 1. ❑ FHA 2. ❑ Fm HA 3.❑ CONV.LININS. CLOSER: Jacqueline Griffin 4. ❑ VA 5. ❑ CONV.INS. DATE OF PRINTING: 11/13/96 6. File Number: 766328 LAD 7. Loan Number TIME OF PRINTING: 08:27 000766328-001 JG CUP FINAL SETTLEMENT STATEMENT 8. Mortgage Insurance Case Number U.S.DEPARTMENT OF HOUSING AND URBAN DEVELOPME C. NOTE: This form is furnished to give you a statement of actual settlement costs.Amounts paid to and by the settlement agent are shown. Items marked "(p.o.c.)"were paid outside the closing;they are shown here for informational purposes and are not included in the totals. D. NAME OF BORROWER: The City of Cupertino, and a Municipal Corporation, SEE ATTACHED ADDRESS: 10300 Torre Avenue Cupertino California 95014 E. NAME OF SELLER: Ruth Nelson Plato, Successor Trustee ADDRESS: F. NAME OF LENDER: ADDRESS: G. PROPERTY LOCATION: 21979 San Fernando Avenue Cupertino California 95014 H. SETTLEMENT AGENT: Chicago Title Company I. SETTLEMENT DATE: ADDRESS: 20100 Stevens Creek Blvd #190 November 13, 1996 Cupertino California 95014 PLACE OF SETTLEMENT: 20100 Stevens Creek Blvd #190 DISBURSEMENT DATE: ADDRESS: Cu ertino California 95014 November 13, 1996 J. SUMMARY OF BORROWER'S TRANSACTION K. SUMMARY OF SELLER'S TRANSACTION 100. GROSS AMOUNT DUE FROM BORROWER: 400. GROSS AMOUNT DUE TO SELLER: 101. Contract sales price 387,500.00 401. Contract sales price 102, Personal Property 402. Personal Property .......................................... ......................................................................................... Settlement charges to borrower line 14 S 00 103. 2,315.00403:> >:> > :><:> >::>:>:>:>:>:`:<:>:>><:> > > >::>:>::>::::......::::>:.........................`>.€..... 9 ( ) ............................................................................................................................................ 104. 404. 105. 405. Adjustments for items paid by seller in advance Adjustments for items paid by seller in advance 106. City/town taxes to 406. City town taxes to 107. County taxes 11/13/96 to 01/01/97 114 .08 407. County taxes to 108. Assessments to 408. Assessments to 109. 409. 110, 410. 111. 411. 112. 412. 120. GROSS AMT DUE FROM BORROWER 389 929 .08 420. GROSS AMT DUE TO SELLER 200. AMOUNTS PAID BY OR IN BEHALF OF BORROWER 500. REDUCTIONS IN AMOUNT DUE TO SELLER: 201, Deposit or earnest money 389,929 .08 501.Excess deposit(see instructions) 202. Principal amount of new loan(s) 502.Settlement charges to seller (line 1400) 203. Existing loan(s)taken subject to 503.Existing loan(s)taken subject to 504.Payoff of first mortgage loan 204. 205. 505.Payoff of second mortgage loan ........................................................................................................ ..................................:...... .................................................................................................................................................. ........................................................................................................ ......................................... ........................................--..................................................................................................... ........................................................................................................ ......................................... .................................................................................................................................................. ........................................................................................................ ......................................... .................................................................................................................................................. ........................................................................................................ ......................................... 206. 506. 207. 507. 208, 508. 209. 509. Adjustments for items unpaid by seller Adjustments for items unpaid by seller 210. City/town taxes to 510. City/town taxes to 211. County taxes to 511. County taxes to 212. Assessments to 512. Assessments to 213. 513. 214. 514. 215. 515. 216. 516. 217. 517. 218. 518. 219. 519. 220. TOTAL PAID BY/FOR BORROWER 389 929.08 520• TOTAL REDUCTIONS AMT DUE SELLER 300. CASH AT SETTLEMENT FROM/TO BORROWER 600. CASH AT SETTLEMENT TO FROM SELLER 301. Gross amt due from borrower (line 120) 601. Gross amt due to seller (line 420) 302. Less amts paid by/for borrower (line 220) ( 389 929.08 02. Less reductions in amt due seller (line 520) 303. CASH ❑ FROM ® TO BORROWER 0.00 603. CASH ❑ TO FROM SELLER C IF BE A TRUE ' C RECT Copy U "�ITLEINSt�I�AhIC C 1. LS HUD-1(3/86)RESPA,HB 4305.2 F-2857-01 4/80 Page 2 OMB No.2502-0265(Exp. 12-31-86) ORD#/ABS# 766328 LEAD L. SETTLEMENT CHARGES TIME OF PRINTING: 08:27 ESC# 000766328 JG CUP DATE OF PRINTING: 700. TOTAL SALES/BROKER'S COMMISSION based on price $ @ %_ PAID FROM PAID FROM Division of Commission (line 700)as follows: BORROWER'S SELLER'S FUNDS AT FUNDS AT 7022. S1. ss: $ to 70B: $ to SETTLEMENT SETTLEMENT 703. Commission paid at Settlement (Money retained by broker applied to commission$ ) 704. Other sales agent charges: 705. Additional commission: $ to Boo. ITEMS PAYABLE IN CONNECTION WITH LOAN 801. Loan Origination Fee °s 802. Loan Discount Ps 803. Appraisal Fee to 804. Credit Report to 805. Lender's Inspection Fee to 806. Mortgage Insurance Application Fee to 807. Assumption Fee to 808. 809. 810, 811. 812. 900. ITEMS REQUIRED BY LENDER TO BE PAID IN ADVANCE 901. Interest from to @$ /day for 0 days 902. Mortgage Insurance Premium for 0.00 months to 903. Hazard Insurance Premium for 0.00 years to 904. 905. 1000. RESERVES DEPOSITED WITH LENDER 1001. Hazard insurance 0.00 month @$ per month 1002. Mortgage insurance 0.00 month @$ per month 1003. City property taxes 0.00 month @$ per month 1004. County property taxes 0.00 month @$ per month 1005. Annual assessments 0.00 month @$ per month 1006. 0.00 month @$ per month 1007. 0.00 month @$ per month 1008. Aggreciate Accounting Ad'ustment 0.00 1100. TITLE CHARGES 1101• Settlement or Closing Fee to Chicago Title Company 710.00 1102. Abstract or title search to 1103. Title examination to 1104. Title insurance binder to 1105. Document preparation to Chicago Title Company 70.00 1106. Notary fees to Chicago Title Company 10.00 1107. Attorney's fee to 1108. Title insurance to Chicago Title Company 1,415.00 .................................................................................. (includes above items numbers:) ) en e 'scov coverage e 11 9. L d r 0 9 $0.00 $ wner's cover e 111 0. O a $ $ 9 8750 1415 3 0 .00 .00 1111. ALTA Inspection Fee to Chicago Title Insurance Company 45.00 1112. Delivery Fees to Chicago Title Insurance Company 15.00 1113. 1200. GOVERNMENT RECORDING AND TRANSFER CHARGES 1201. Recording fees: Deed $ ;Mortgage $ ; Release $ 1202. City/county tax/stamps: Deed $ Mortgage $ 1203. State tax/stamps: Deed $ Mortgage $ 1204. 1205. 1300. ADDITIONAL SETTLEMENT CHARGES 1301. Survey to 1302. Pest inspection to 1303. ♦., installment 1996-97 Property Tax 1304. Geologic Report to JCP 50.00 1305. 1306. 1307. 1400. TOTAL SETTLEMENT CHARGES (enter on lines 103,Section J and 502,Section K) 2,315.00 LS HUD-1(3/86)RESPA,HB 4305.2 OMB No.2502-0265(Exp. 12-31-86) Page 3 ORD#/ABS# 766328 LAD FINAL TIME OF PRINTING: 08:27 ESC# 000766328 JG CUP SUPPLEMENTAL PAGE DATE OF PRINTING: 11/13/96 D. NAME OF BORROWER: The City of Cupertino, and a Municipal Corporation ADDRESS: 10300 Torre Avenue Cupertino California 95014 NAME OF BORROWER: E. NAME OF SELLER: Ruth Nelson Plato, Successor Trustee LS HUD-1(3/86)RFSPA,HB 4305.2 A D D E N D U M TO HUD - 1 RESPA File Number: 766328 JG Loan Number: The items indicated by "P.O.C.rr on this Settlement Statement have been included at the direction of the lender for disclosure purposes only. The settlement agent has no direct information concerning these expenditures, other than what has been provided by the lender, nor any obligation to authenticate "P.O.C.rr charges. No representation is made by the settlement agent regarding the validity or accuracy thereof. ADDEN-8/93-Irc YEAR Nonresident Withholding Exemption Certificate for MIFORNIA FORM 19 Real Estate Sales (For use by sellers of California real estate) 590-RE File this form with your withholding agent or buyer. Name Address(number and street) 5ay1me telephone number q 4�0 5 <t��- � (5b s") 3 city State ZIP code Complete the appropriate line: Individuals-Social security number Corporations-California corporation number (issued by Secretary of State) or F.E.,I1 Partnerships, Estates, Irrevocable Trusts and Tax-Exempt Entities-F.E.I.N. Umited Liability Company-Secretary of State file number Note: Failure to provide your identification number will render this certificate void. To (VAMholding Agent or Buyer) Certificate of Residency — Individuals: Under penalties of perjury, I hereby certify that I am a resident of Califomia and that I reside at the address shown above. See Side 2 for the definition of a resident. Signature Date Certificate of Principal Residence — Individuals: Under penalties of perjury, I hereby certify that the California real property located at was my principal residence within the meaning of IRC Section 1034. See Side 2 for the definition of a principal residence. Signature Date Certificate of Residency of Deceased Person — Estates: Under penalties of perjury, I hereby certify as executor of the above-named person's estate that the decedent was a California resident at the time of death. Name of executor (type or print) Signature Date Corporations: Under penalties of perjury, I hereby certify that the above-named corporation has a permanent place of business in California at the address shown above or is qualified to do business in California. See Side 2 for the definition of permanent place of business. Name and Tide (type or print) Signature Date Partnerships: Under penalties of perjury, I hereby certify that the above-named entity is a partnership and that the recorded title to the property is in the name of the partnership. Name and Tide (type or print) Signature Date Limited Liability Companies (LLC): Under penalties of perjury, I hereby certify that the above named entity is an LLC and that the recorded title to the property is in the name of the LLC. Name and Tide (type or print) Signature Date Tax-Exempt Entities and Nonprofit Organizations: Under penalties of perjury, I hereby certify that the above-named entity is exempt from tax under California or federal law. Name and Title (type or print) Signature Date Irrevocable Trusts: Under penalties of perjury, I hereby certify that at least one trustee of the above-named irrevocable trust is a California resident. Name and Tide (type or print) tt T H A/k L S A i o Signature -rx-��.� Date For Privacy Act Notice, see form FM 1131 (individuals only). Form 590-RE C2 (REV. 1994) Side 1 Instructions for Form 590-RE Nonresident Withholding Exemption Certificate for Real Estate Sales Reference in these instructions are to the Internal Revenue Code(IRC)as o1 January 1,1993,and to the Califomia Revenue and Taxation Code(R&TC) General Information The seller Is a Califomia trust.For with- F What is a Principal Residence holding purposes,an irrevocable trust is con- A Purpose of Form sidered a Califomia trust if at least one Usually,the home in which you live is your princi- pal residence. If you have more than one home, Use Form 590-RE to obtain an exemption from trustee is a Califomia resident. Irrevocable y l the sale of your main home qualifies as a trusts are required to withhold on distributions on withholding for the sale of Califomia real estate. of Califomia source income to their nonresi- sale of a principal residence.If you have two The completed Form 590-RE should be pre dent beneficiaries. homes and live in both of them,the main home sented to the buyer or other withholding agentNote:This applies only to irrevocable non- is the one lived in most of the time.A mobile and retained in their records for a period of five home,houseboat,cooperative apartment,or con- years following the close of the transaction.The grantor trusts.Irrevocable trusts cannot be dominium can also be a principal residence. buyer will be relieved of the withholding require- revoked by the grantor.The grantor is the ents'rf the buyer relies in good faith on a corn- person(s)who transferred (granted)assets to Property may quality as your principal residence m menta and signed Form 590-RE. the trust.An irrevocable trust is also called a even if you temporarily rent it out while it is in the non-grantor trust because the trust does not process of being sold,as long as it is rented out B Law have a provision to allow the grantor to only as a matter of convenience or for another revoke the trust.A revocable or grantor trust nonbusiness purpose.IRC Section 1034 does R&TC Section 18662 requires withholding of does have a provision allowing the grantor to not contain a bright-line test for determining what income(or franchise)tax when Califomia real revoke the trust and take back the assets. is considered temporary. In federal case law on estate is sold by a nonresident. The grantor of a grantor trust shall be treated this subject,the Tax Court considered the facts C When Should this Form as the seller of real estate owned by such a and circumstances of each case,including the trust.Therefore,if the seller is a revocable or intent of the seller,to determine if the property be Used grantor trust and one or more of the grantors met the definition of principal residence at the The certifications on Side 1 should be completed is a nonresident,withholding is required. If all time of sale.Generally,if the property is rented when: of the grantors of a revocable or grantor trust out for less than a year while it is on the market, • The seller is a California resident on the are residents,no withholding is required. it will still be considered a principal residence for withholding purposes.You should evaluate your date escrow closes. Residents of Califomia D Requirement to File a factual situation,the law,and applicable federal who have an out-of-state address to which California Return case law to determine if the property qualifies as funds are disbursed will need to complete your principal residence within the meaning of Form 590-RE to be exempt from withholding. A completed Form 590-RE exempts the seller IRC Section 1034. For more information,get Form 590-RE will not become invalid if the from withholding but does not eliminate the Federal Publication 523,Selling Your Home. seller moves out of Califomia after the close requirement to file a Califomia tax return and pay G is Not a Principal of escrow. the tax due. • The property meets the definition of princi- pal residence under IRC Section 1034 at E Who is a Resident the time escrow closes.Form 590-RE can A Califomia resident is every individual who is in The following are not principal residences under be signed even if you do not plan to pur- Califomia for other than a temporary or transitory IRC Section 1034: chase a new home or if the purchase price of purpose or any individual domiciled in Califomia 1. Rental property. your new home is less than the sales price of who is absent for a temporary or transitory 2. Part of home used for business. your old home.Recognition of this gain in the purpose. 3. Vacant land. year of sale or in subsequent years will be An individual domiciled in Califomia who is 4. Vacation home or second home. taxable to Califomia and must be reported on absent from Califomia for an uninterrupted period Withholding is required on sales of these types of a Califomia tax return. of at least 546 consecutive days under an properties unless another withholding exception • The seller is a California estate.For with- employment-related contract is considered out- is met or a waiver of withholding is obtained.Get holding purposes,an estate is considered a side Califomia for other than a temporary or tran- Form 597-A,Nonresident Withholding Waiver Califomia estate if the decedent was a Cali- sdory purpose.This does not apply if an Request for Real Estate Sales,for more fomia resident at the time of death. Estates individual has income from stocks,bonds,notes information. are required to withhold on distributions of or other intangible personal property in excess of Califomia source income to their nonresident $200,000 in any taxable year in which the H What is a Permanent Place beneficiaries. employment-related contract is in effect. • The seller Is a corporation that has a per- Of Business manent place of business In Califomia A spouse who is absent from Califomia for an A corporation has a permanent place of business immediately after the transfer. uninterrupted period of at least 546 days to in this state if it is organized and existing under • The seller is a partnership and the accompany a spouse under an employment- the laws of this state or If it is a foreign corpora- recorded title to the property is in the related contract is considered outside of Caliifor- tion qualified to transact intrastate business by name of the partnership.A partnership may nia for other than a temporary or transitory the Califomia Secretary of State's Office.A cor- be required to withhold on distributions of purpose. poration which has not qualified to transact intra- California source income to nonresident Sellers who are uncertain of their residency sta- state business (e.g.,a corporation engaged partners.For more information get FTB tus can get assistance in determining their resi- exclusively in interstate commerce)will be con- Pub. 1017, Nonresident Withholding—Part- dency status by calling the Franchise Tax Board sidered as having a permanent place of business nership Guidelines. Information Center at the numbers listed below: in this state only if it maintains a permanent • The seller Is an LLC and the recorded title From within the United States, office in this state which is permanently staffed to the property is in the name of the LLC. call. . . . . . . . . . . . . . . 1-800-852-5711 by its employees. An LLC may be required to withhold on distri- From outside the United States, For more information contact: butions of Califomia source income to non- call. . . . . . . . . . . . . . . 1-916-845-6500 resident members.For more information get For hearing impaired with TDD, Withhold Franchise Tax Board Withho FTB Pub.1017. call. . . . . . . . . . . . . . . 1-800-822-6268 Wat Source Unit • The seller Is exempt from tax under either P.O.Box , Sellers may also get FTB Pub 1031,Guidelines Sacramento,CA 95812-0651 California or federal law.For withholding u oses,this includes the insurance corn for Determining Resident Status,for more Telephone:(916)845.4900 purposes, IRAs and pension and profit sharing information. FAX: (916)845-4831 plans. Side 2 Form 590-RE Instructions (REV. 1994) - 3w. SMIM r. PAMtf:�HESI�iE �ACe ii' ��NOW, _ t DATE: November 12 1996 at Cupertino California, RECEIVED FROM City Of Cupertino, a municipal corporation ("Buyer") ADEPOSITOF Three Hundred Eighty Seven Thousand Five Hundred Dollars$387,500 _ TOWARD THE PURCHASE PRICE OF Three Hundred Eighty Seven Thousand Five HurWrae4 387 ,500 FOR PURCHASE OF PROPERTY SITUATED IN _ Cupertino COUNTY OF Santa Clara , California, DESCRIBED AS 21979 San Fernando Avenue ("Property"). 1. FINANCING:THE OBTAINING OF THE LOANS BELOW IS A CONTINGENCY OF THIS AGREEMENT.Buyer shall act diligently and in good faith to obtain the designated loans. A. LOAN CONTINGENCY shall remain in effect until:(Check only ONE of the following:) N/A ❑ (1) The designated loans are funded and/or the assumption of existing financing is approved by lender and completed. OR❑ (2) days from acceptance of the offer,by which time Buyer shall give to Seller written notice of Buyer's election to cancel this Agreement because of Buyer's inability to obtain the designated loans,or obtain approval of assumption of existing financing.If Buyer does not give Seller such notice, the contingency of obtaining the designated loans shall be removed by the method specified in paragraph 28. B. BUYER'S DEPOSIT . . . . . .. .. . . . . . .. . . . . .. .. . .. .. .. .. .. . . ... ... . . .. . .. .. . . . .. $ 387,500 . .. .. . .. . .... . .. . PAYABLE TO Ruth S. Plato, SucceSSOr Trustee of that certain Declaration of Trot of Sema shall be deposited ® with Escrow Holder, ❑ into Broker's trust account,or ❑ Elida Nelson,ori, dates Tanuary 19, 1984 by Personal Check,(or, if checked:) ❑ Cashier's Check, ❑ Cash,or ❑ TO BE HELD UNCASHED UNTIL the next business day after acceptance of the offer,or ❑ C. INCREASED DEPOSIT. . .. .. .. .. .. .. . . . . . . . . . . . . .. .. .. . . —0— within days from acceptance of the offer,shall be deposited ❑ with Escrow Holder, ❑ into Broker's trust account, or ❑ D. BALANCE OF DOWN PAYMENT .. .. .. . . .. . .. . .. .. .. .. .. . .. . .. .. ... .. .. . . . .. .. . . . . . —0— to be deposited with Escrow Holder within sufficient time to close escrow. E. FIRST LOAN IN THE AMOUNT OF . . .. . . . . . . . . .. .. . . . . . .. .. . . . ... .. . . . .. . . . . . .. . . . . . . .. .. .. .. .. .. .. . . . . . . . . . . $ —0— ❑ NEW First Deed of Trust in favor of ❑ LENDER, ❑ SELLER;or ❑ ASSUMPTION of Existing First Deed of Trust; encumbering the Property,securing a note payable at approximately$ per month,at maximum interest of fixed rate,or—%initial adjustable rate with a maximum lifetime interest rate cap of %,balance due in years. Buyer shall pay loan fees/points not to exceed F. SECOND LOAN IN THE AMOUNT OF —0- 1:1 NEW Second Deed of Trust in favor of ❑ LENDER, ❑ SELLER;or ❑ ASSUMPTION of Existing Second Deed of Trust; encumbering the Property,securing a note payable at approximately$ per month,at maximum interest of % fixed rate,or %initial adjustable rate with a maximum lifetime interest rate cap of %,balance due in years. Buyer shall pay loan fees/points not to exceed G. ADDITIONAL FINANCING TERMS: H. TOTAL PURCHASE PRICE,not including costs of obtaining loans and other closing costs. .. . .. . . . .. .. . . .. .. 387,500 I. OBTAINING DEPOSIT,DOWN PAYMENT,and OTHER CLOSING COSTS by Buyer is NOT a contingency,unless otherwise agreed in writing. J. FHA/VA FINANCING: ❑ (If checked:) N/A (1) Seller shall pay %of loan as discount points. (2) Seller shall pay other fees which Buyer is not permitted to pay,not to exceed$ (3) Seller shall pay the cost of repairs required by lender,not otherwise provided for in this Agreement,not to exceed$ . (4) All other charges to obtain financing shall be paid by Buyer unless otherwise agreed in writing. (5) OTHER: K. IF THIS IS AN ALL CASH OFFER,Buyer shall,within 5(or ❑NL)days from acceptance,provide to Seller written verification of sufficient funds to close this transaction.Seller may cancel this Agreement in writing within 5(or ❑XM—)days(1)after receipt of the verification,if Seller disapproves it,or(2) after the time to provide the verification expires,if Buyer fails to provide it. L. LOAN APPLICATIONS;PREQUALIFICATION: N/A (1) For NEW and ASSUMED lender financing:Within 10(or ❑ )days from acceptance,Buyer shall provide to Seller a letter from lender stating that,based on a review of Buyer's written application and credit report,Buyer is prequalified for the NEW and/or ASSUMED loans indicated above. If Buyer fails to provide such letter within that time,Seller may cancel this Agreement in writing. (2) For SELLER financing: Within 5 (or ❑ ) days after acceptance: (a) Buyer shall submit to Seller a completed loan application on FNMA/FHLMC Uniform Residential Loan Application;(b)Buyer authorizes Seller and/or Brokers to obtain,at Buyer's expense,a copy of Buyer's credit report;(c)Buyer shall provide any supporting documentation reasonably requested by Seller.Seller may cancel this Agreement in writing if Buyer fails to provide such documents within that time,or if Seller disapproves the application,credit report,or supporting documentation,within 5(or ❑ ) days from receipt of those documents. Buyer and Seller acknow rRENTLY f copy of this page,which constitutes Page 1 of Pages. Buyer's Initials ) Seller's Initials 7?•7a ) ( ) THIS STANDARDIZED DOCUMENT HAS BEEN APPROVED RNIA ASSOCIATION OF REALTORS°(C.A.R.)IN FORM ONLY.NO REPRESENTATION IS MADE AS TO THE APPROVALOFTHEFORM OFANYSUPPLEMENTS NO) CUPUBLISHEDBYC.A.R.ORTHELEGALVALIDITYORADEQUACYOFANYPROVISIONINANYSPECIFIC TRANSACTION.IT SHOULD NOT BE USED WITH EXTENSIVE RIDERS OR ADDITIONS. AREAL ESTATE BROKER 1S THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS.IF YOU DESIRE LEGAL OR TAX ADVICE,CONSULTAN APPROPRIATE PROFESSIONAL. The copyright laws of the United States(17 U.S.Code)forbid the unauthorized OFFICE USE ONLY reproduction of this form by any means including facsimile or computerized formats. Copyright©1993-1995,CALIFORNIA ASSOCIATION OF REALTORS° Reviewed by Broker or Designee 525 South Virgil Avenue,Los Angeles,California 90020 EWAl t REVISED 9/95 Date ppppp7�y COPY MM MAR 96 BROKER'S Property Address: 21979 San Fernando Avenue November 12 1996 M. EXISTING LOANS:For existing loans to be taken over by Buyer,Seller shall,within the time specified in paragraph 28A(4),request and provide to Buyer copies of all applicable notes and deeds of trust,loan balances,and current interest rates.Buyer shall,within the time specified in paragraph 28A(2),provide written notice to Seller of any items reasonably disapproved.Differences between estimated and actual loan balances shall be adjusted at close of escrow by ❑cash down payment, ❑seller financing,or ❑ N/A .Impound accounts,if any,shall be assigned and charged to Buyer and credited to Seller,(or,if checked:) ❑ .IF THIS IS AN ASSUMPTION OF A VA LOAN,THE SALE IS CONTINGENT UPON SELLER BEING PROVIDED A RELEASE OF LIABILITY AND SUBSTITUTION OF ELIGIBILITY,UNLESS OTHERWISE AGREED IN WRITING. N. LOAN FEATURES:LOAN DOCUMENTS CONTAIN A NUMBER OF IMPORTANT FEATURES AFFECTING THE RIGHTS OFTHE BORROWER AND LENDER. READ ALL LOAN DOCUMENTS CAREFULLY. O. ADDITIONAL SELLER FINANCINGTERMS:The following terms apply ONLY to financing extended by Seller under this Agreement.The maximum interest rate specified in paragraphs 1E and/or 1F above,as applicable,shall be the actual fixed interest rate for Seller financing.Buyer's promissory note,deed of trust,and other documents,as appropriate,shall incorporate and implement the following additional terms: (1) Deed of trust shall contain a REQUEST FOR NOTICE OF DEFAULT on senior loans. (2) Buyer shall sign and pay for a REQUEST FOR NOTICE OF DELINQUENCY prior to close of escrow and at any future time if requested by Seller. (3) Note and deed of trust shall contain an acceleration clause making the loan due,when permitted by law,at Seller's option,upon the sale or transfer of the Property or any interest in it. (4) Note shall contain a late charge of 6%of the installment due,or$5.00,whichever is greater,if the installment is not received within 10 days of the date it is due. (5) Title insurance coverage in the form of a joint protection policy shall be provided insuring Seller's deed of trust interest in the Property.Any increased cost over owner's policy shall be paid by Buyer. (6) Tax Service shall be obtained and paid for by Buyer to notify Seller if property taxes have not been paid. (7) Buyer shall provide and maintain fire and extended coverage insurance,during the period of the seller financing,in an amount sufficient to replace all improvements on the Property,or equal to the total encumbrances against the Property,whichever is less,with a loss payable endorsement in favor of Seller.BUYER AND SELLER ARE ADVISED THAT(a)INSURANCE POLICIES VARY IN THE TYPES OF RISKS COVERED,(b)EARTHQUAKE,FLOOD, AND OTHER OPTIONAL TYPES OF COVERAGE ARE AVAILABLE,and(c)BUYER AND SELLER SHOULD DISCUSS THESE SUBJECTS WITH AN INSURANCE AGENT OR INSURANCE BROKER. (8) The addition,deletion,or substitution of any person or entity under this Agreement,or to title,prior to close of escrow,shall require Seller's written consent. Seller may grantor withhold consent in Seller's sole discretion.Any additional or substituted person orentityshall,if requested by Seller,submit to Seller the same documentation as required for the original named Buyer.Seller and/or Brokers may obtain a credit report,at Buyer's expense,on any such person or entity. (9) Buyer and Seller shall each provide to the other,through escrow,their Social Security Numbers or Taxpayer Identification Numbers. NOTE:If the Property contains 1 to 4 dwelling units,Buyer and Seller shall execute a Seller Financing Disclosure Statement(C.A.R.Form SFD-14) (Civil Code§§2956-2967),if applicable,as provided by arranger of credit,as soon as practicable prior to execution of security documents.ESCROW HOLDER SHALL BE INSTRUCTED BY BUYER AND SELLER TO PERFORM,ARRANGE,OR VERIFY ITEMS 1-9 ABOVE,AS APPLICABLE,PRIOR TO CLOSE OF ESCROW. 2. ESCROW: Escrow shall close ❑ within days from acceptance of the offer,or IN on November 13 19 9 6 .This Agreement shall,to the extent feasible,constitute escrow instructions of Buyer and Seller.Escrow instructions consistent with this Agreement shall be signed by Buyer and Seller and delivered to the designated Escrow Holder, ❑ within days after acceptance of the offer, ❑ at least days before close of escrow, ® or November 12,. 19 9 6 Escrow fee to be paid as follows: byBuyer .Escrow instructions may include matters required to close this transaction which are not covered by this Agreement.The omission from escrow instructions of any provision in this Agreement shall not constitute a waiver of,the provision or the contractual rights or obligations of any party.Any change in terms or provisions of this Agreement requires the mutual,written consent of the Buyer and Seller.Buyer and Seller herebyjointly instruct Escrow Holder and Brokers(a)that Buyer's deposits placed into escrow or into Broker's trust account shall be held as a good faith deposit toward the completion of this transaction,and(b)to pay compensation due Brokers under this Agreement.Release of Buyer's funds will require mutual,signed release instructions from both Buyer and Seller,judicial decision,or arbitration award. 3. TITLE AND VESTING: Buyer shall be provided a current preliminary(title)report covering the Property.Buyer shall,within the time specified in paragraph 28A(2),provide written notice to Seller of any items reasonably disapproved.At close of escrow: A. Title to the Property shall be transferred by grant deed(or,for stock cooperative,by assignment of stock certificate),and shall include OIL,MINERAL,and WATER rights,if currently owned by Seller,unless otherwise agreed in writing. B. Title shall be free of liens,except as provided in this Agreement. C. Title shall be subject to all other ent:umbrances,easements,covenants,conditions,restrictions,rights,and other matters,which are either: (1) Of record and shown in the preliminary(title)report,unless disapproved in writing by Buyer within the time specified in paragraph 28A(2);or (2) Disclosed to or discovered by Buyer prior to the close of escrow,unless disapproved in writing by Buyer within the time specified in paragraph 28A(1) or 28A(2),whichever is later. Escrow Holder D. Buyer shall be provided a California Land Title Association(CLTA)owner's policy issu4 I b Company, at _er S expense. NOTE:(1)A preliminary(title)report is only an offer by the title insurer to issue a policy of title insurance and may not contain everyitem affecting title.(2)An American Land Title Association(ALTA-R)policy may provide greater protection for Buyer and may be available at the same or slightly higher cost than a CLTA policy.(3) The designated title company can provide information,at Buyer's request,about availability and desirability of various title insurance coverages.(4)If Buyer desires an ALTA-R owner's policy or other title coverage,Buyer shall so instruct Escrow Holder and pay the increased cost,if any,over a CLTA policy.(5)ALTA LENDER'S title insurance policy,if required,shall be paid by Buyer.(6)For Seller financing,paragraph 10(5)provides for ajoint protection policy.(7)Title shall vest as designated in Buyer's escrow instructions.(THE MANNER OF TAKING TITLE MAY HAVE SIGNIFICANT LEGAL AND TAX CONSEQUENCES.BUYER SHOULD GIVE THIS MATTER SERIOUS CONSIDERATION.) 4. PRORATIONS: A. Real property taxes and assessments, 19y-Beyer-and payments on bonds and assessments assumed by Buyer,shall be PAID CURRENT and prorated between Buyer and Seller,as of the date of close of escrow,(or if checked:) ❑ B. Payments on Mello-Roos and other Special Assessment District bonds and assessments which are now a lien,and payments on Homeowners'Association special assessments which are now a lien,shall be (or if checked:) [?q by Buyer C. County transfer tax or transfer fee shall be paid by Buyer City transfer tax or transfer fee shall be paid by Buyer Homeowners'Association transfer fee shall be paid by N/A D. THE PROPERTY WILL BE REASSESSED UPON CHANGE OF OWNERSHIP.THIS WILL AFFECT THE TAXES TO BE PAID.Any supplemental tax bills shall be paid as follows:(1)for periods after close of escrow,by Buyer(or by final acquiring party,if part of an exchange),and(2)for periods prior to close of escrow,by Seller.TAX BILLS ISSUED AFTER CLOSE OF ESCROW SHALL BE HANDLED DIRECTLY BETWEEN BUYER AND SELLER. Buyer and Seller acknowle r ipt of copy of this page,which const/ittuttes Page 2 of Pages. OFFICE USE ONLY Buyer's Initials ( ) ( ) Seller's Initials (�C �4-,;o) ( ) Reviewed by Broker or Designee 112111 EQUAL Nd14NC Date OPPMTUNn`/ MIR MAA 96 BROKER'S COPY Property Address: 21979 San Fernando Avenue November 12 19 96 5. 'OCCUPANCY. Buyer ❑ does, 91 does not,intend to occupy Property as Buyer's primary residennP 6. POSSESSION AND KEYS:Seller shall deliver possession and occupancy of the Property to Buyer Don the date of close of escrow at AM/PM, or IN no later than 2 days after date of close of escrow at AM/PM,or ❑ . Property shall be vacant unless otherwise agreed in writing.If applicable,Seller and Buyer shall execute Interim Occupancy Agreement(C.A.R.Form IOA-14)or Residential Lease Agreement After Sale (C.A.R.Form RLAS-14).Seller shall provide keys and/or means to operate all Property locks,mailboxes,security systems,alarms,and garage cLoor openers.If applicable,Buyer may be required to pay a deposit to a Homeowners'Association(HOA)to obtain keys to accessible HOA tt 7. BUYER'S INVESTIGATION OF PROPERTY CONDITION:Buyer'�accepta�nceoff he condit�of �Pro�perty i a contingency of this A reemshall have the right to conduct inspections,investigations,tests,surveys,annspectiowi in the time specified in paragraph 28A(1),complete these Inspections and notify Seller in provgly advised to exercise these rights and to make Buyer's own selection of nate qualifications to conduct Inspections of the entire Property.IF BUYER DOES NOT EXERCISE THESE BUYER UNDERSTANDS THAT ALTHOUGH CONDITIONS AND DEFECTS ARE OFTEN DIFFICULT TO LOCATE AND DISCOVER,ALL REAL PROPERTY AND IMPROVEMENTS CONTAIN DEFECTS AND CONDITIONS WHICH ARE NOT READILY APPARENT AND WHICH MAY AFFECT THE VALUE OR DESIRABILITY OF THE PROPERTY.BUYER ANS Scccc�ARE AW R 6*6I}T}BROKERS 90 NOT BUYER IS ALSO AWARE OF BUYER'S OWN AFFIRMATIVE DUTY TO EXERCISE REASONABLE CARE TO PROTECT HIMSELF OR HERSELF,INCLUDING THOSE FACTS WHICH ARE KNOWN TO OR WITHIN THE DILIGENT ATTENTION AND OBSERVATION OF THE BUYER(Civil Code§2079.5). claims,demands,damages,and costs;and repair all damages arising from the Ins ectio My be matle Dy any governmental building or zoning inspector or government n consent of Seller,unless required by local law.Buyer shall provide to Seller,at no cost, BUYER IS STRONGLY ADVISED TO INVESTIGATE THE CONDITION AND SUITABILITY OF ALL ASPECTS OF THE PROPERTY AND ALL MATTERS AFFECTING THE VALUE OR DESIRABILITY OF THE PROPERTY,INCLUDING,BUT NOT LIMITED TO,THE FOLLOWING: A. CONDITION OF SYSTEMS AND COMPONENTS:Built-in appliances,foundation,roof,plumbing,heating,air conditioning,electrical,mechanical,security, pool/spa,and other structural and non-structural systems and components,any personal property included in the sale,and energy efficiency of the Property. B. SIZE AND AGE: Square footage, room dimensions, lot size, and age of Property improvements.(Any numerical statements regarding these items are APPROXIMATIONS ONLY,have not been and will not be verified,and should not be relied upon by Buyer.) C. LINES AND BOUNDARIES:Property lines and boundaries.(Fences,hedges,walls,and other natural or constructed barriers or markers do not necessarily identify true Property boundaries.Property lines may be verified by survey.) D. WASTE DISPOSAL:Type,size,adequacy,capacity,and condition of sewer and septic systems and components should be checked.(Property may not be connected to sewer,and applicable fees may not have been paid.Septic tank may need to be pumped and leach field may need to be inspected.) E. GOVERNMENTAL REQUIREMENTS AND LIMITATIONS:Possible absence of required governmental permits,inspections,certificates,or other determinations affecting the Property;limitations,restrictions,and requirements affecting the use of the Property,future development,zoning,building,size,governmental permits,and inspections. F. RENT AND OCCUPANCY CONTROL:Some cities and counties impose restrictions which may limit the amount of rent that can lawfully be charged,and/or the maximum number of persons who can lawfully occupy the Property. G. WATER AND UTILITIES;WELL SYSTEMS AND COMPONENTS:Water and utility availability and use restrictions.Adequacy,condition,and performance of well systems and components. H. ENVIRONMENTAL HAZARDS:Potential environmental hazards including asbestos,formaldehyde,radon,methane,other gases,lead-based paint,other lead contamination,fuel or chemical storage tanks,contaminated soil or water,hazardous waste,waste disposal sites,electromagnetic fields,nuclear sources, and other substances,materials,products,or conditions. I. GEOLOGIC CONDITIONS:Geologic/seismic conditions,soil and terrain stability,suitability,and drainage. J. NEIGHBORHOOD,AREA,ANDSUBDIVISION CONDITIONS:Neighborhood or area conditions including schools,proximity and adequacy of law enforcement, proximity to commercial,industrial,or agricultural activities,crime statistics,fire protection,other governmental services,existing and proposed transportation, construction,and development which may affect noise,view,or traffic,airport noise,noise or odor from any source,wild and domestic animals,other nuisances, hazards,or circumstances,facilities and condition of common areas of common interest subdivisions,and possible lack of compliance with any Homeowners' Association requirements. K. PERSONAL FACTORS:Conditions and influences of significance to certain cultures and/or religions,and personal needs,requirements,and preferences of Buyer. L. VERIFICATION:Brokers have not and will not verify any of the items above,unless otherwise agreed in writing. BUYER SHOULD MAKE FURTHER INQUIRIES:Buyer is advised to make further inquiries and to consult government agencies,lenders,insurance agents,architects, and other appropriate persons and entities concerning the use of the Property under applicable building,zoning,fire,health,and safety codes,and for evaluation of potential hazards. 8. CONDITION OF PROPERTY:No warranties or representations are made regarding the adequacy,condition,performance,or suitability of the Property,or any of its systems or components,except as specifically agreed in writing. (Check ONLY paragraph A or B;do NOT check both.) ❑ A. SELLER WARRANTY:(If A is checked,do NOT also check B.) Seller warrants that at the time possession is made available to Buyer: (1) Roof shall be free of leaks KNOWN to Seller or DISCOVERED during escrow. (2) Built-in appliances(including free-standing oven and range,if included in sale),plumbing,heating,air conditioning,electrical,water,sewer,and pool/spa systems,if any,shall be operative.(Septic/Well systems are not covered in this paragraph.Read paragraph 19.) (3) Plumbing systems,shower pans,and shower enclosures shall be free of leaks KNOWN to Seller or DISCOVERED during escrow. (4) All fire,safety,and structural defects in chimneys and fireplaces KNOWN to Seller or DISCOVERED during escrow shall be repaired by Seller. (5) All broken or cracked glass,and torn existing window and door screens,shall be replaced. (6) Property,including pool/spa,landscaping,and grounds,shall be maintained in substantially the same condition as on the date of acceptance of the offer. (7) SELLER SHALL HAVE WATER,GAS,AND ELECTRICAL UTILITIES ON FOR BUYER'S INSPECTIONSAND THROUGH THE DATE POSSESSION IS MADE AVAILABLE TO BUYER. (8) All debris and all personal property not included in the sale shall be removed. (9) NOTE TO BUYER:This warranty is limited to items specified in this paragraph 8A.Items discovered in Buyer's Inspections which are not covered by this paragraph shall be.governed by the procedure in paragraphs 7 and 28. NOTE TO SELLER:Disclosures in the Real Estate Transfer Disclosure Statement(C.A.R.Form TDS-14),and items discovered in Buyer's Inspections,do NOT eliminate Seller's obligations under this warranty unless specifically agreed in writing. OR B. "AS-IS"CONDITION:(If B is checked,do NOT also check A.) See also Addendun Property is sold"AS IS,"in its present condition,as of the time of acceptance of the offer,without warranty.Seller shall not be responsible for making corrections or repairs of any nature EXCEPT- (1) XCEPT(1) Property,including pool/spa,landscaping,and grounds,shall be maintained in substantially the same condition as on the date of acceptance of the offer. (2) PE66SR 61 IA66 HAVE WAXER,GAS,AND 96E-GT-RIGA6 6IT-16ITISS ON FOR 13161446R'S INGPE-GFIGN6 AN9:Fl!R91461 1 4:1 lE SAT-E P 46MAPS VA1 wo, 6%n„vrn (3) This paragraph does not relieve Seller of contractual obligations,if any,under paragraph 13(Smoke Detector(s)and Water Heater Bracing),paragraph 14(Retrofit),paragraph 19(Septic/Sewer/Well System(s)),paragraph 20(Pest Control),and elsewhere in this Agreement. (4) NOTE TO BUYER AND SELLER:IRWYOF F81laiRS 1148 0@14118 di8aPPF8Y8 11198 98Rdki@A ef 1148 PFePS14Y based upem ifem9s diseayefed im Buyerls Imspeetiams timeler SELLER REMAINS OBLIGATED TO DISCLOSE KNOWN MATERIAL DEFECTS AND TO MAKE OTHER DISCLOSURES REQUIRED BY LAW. Buyer and Seller acknowle4receipt of copy of this page,which constitutes Page 3 of Pages. OFFICE USE ONLY Seller's mitials Reviewed by Broker or Designee Date 0== nan MR MAR 96 BROKER'S COPY Property'Address: 21979 San Fernando Avenue November 12 11996 9: TRAN§FER DISCLOSURE STATEMENT; MELLO-ROOS NOTICE: Unless exempt: A, A Agal Fmsta.l T:a.Asfall:DiSAIGGUF9 SW1119FR911ilit l(G.A.A.FefFnT96 14)shell be eempleted by Belief emd delivered to Buyer i Gede§§qll llq@249�. B. C. etilyef all hays the Fight is!aFFninate this Ag�eememll willihim thil(0)el"-a aftep ele'd -opy im Peril OF 064-e(6)days efilieli eleliveilly lay depesit im 1he lill 19) D. 11. PROPERTY DISCLOSURES:When applicabletothe Propertyand required bylaw,Sellershall provideto Buyer,at Seller's expense,the following disclosures and information. A. GEOLOGIC,EARTHQUAKE AND SEISMIC HAZARD ZONES DISCLOSURE:If the Property is located in an Earthquake Fault Zone(Special Studies Zone) (EFZ),(Public Resources Code§§2621-2625),Seismic Hazard Zone(SHZ)(Public Resources Code§§2690-2699.6),or in a locally designated geologic, seismic,or other hazard zone or area where disclosure is required by law,Seller shall,within the time specified in paragraph 28A(3),disclose to Buyer in writing these facts and any other information required by law.(GEOLOGIC,SEISMIC AND FLOOD HAZARD DISCLOSURE(C.A.R.Form GFD-14)SHALL SATISFY THIS REQUIREMENT.)Construction or development of any structure may be restricted in such zones.Dislosure of EFZs and SHZs is required only if maps,or information contained in such maps,are"reasonably available"(Public Resources Code§§2621.9(c)(1)and 26941 B. SPECIAL FLOOD HAZARD AREAS:If the Property is located in a Special Flood Hazard Area designated by the Federal Emergency Management Agency (FEMA), Seller shall,within the time specified in paragraph 28A(3),disclose this fact to Buyer in writing.(GEOLOGIC,SEISMIC AND FLOOD HAZARD DISCLOSURE(C.A.R.Form GFD-14)SHALL SATISFY THIS REQUIREMENT.)Government regulations may impose building restrictions and requirements which may substantially impact and limit construction and remodeling of improvements in such areas.Flood insurance may be required by lender.In addition, Seller will notify Buyer if Seller has received federal flood disaster assistance on the Property,in which case,Buyer will be required to maintain flood insurance. C. STATE FIRE RESPONSIBILITY AREAS:If the Property is located in a State Fire Responsibility Area,Seller shall,within the time specified in paragraph 28A(3),disclose this fact to Buyer in writing(Public Resources Code§4136).Disclosure may be made in the Real Estate Transfer Disclosure Statement(C.A.R. Form TDS-14).Government regulations may impose building restrictions and requirements which may substantially impact and limit construction and remodeling of improvements in such areas.Disclosure of these areas is required only if the Seller has actual knowledge that the Property is located in such an area or if maps of such areas have been provided to the county assessor's office. 60 PROPERTIES:If the Property was built prior to 1960 and contains ONE TO FOUR DWELLING UNITS of conventional light frame constructio , Seller shall,un es hin the time specified in paragraph 28A(3),provide to Buyer:(a)a copy of"The Homeowner's G ua ce Safety;' and(b)written disclosure of known seis ies(Government Code§§8897-8897.5). (2) PRE-1975 PROPERTIES:If the Property was built prior to 19 L,COMMERCIAL,OR OTHER STRUCTURES constructed of masonry or pre-cast concrete,with wood fram s, eller shall,unless ex he time specified in paragraph 28A(3),provide to Buyer a copy of"Th roperty Owner's Guide to Earthquake Safety"(Government Code§§889 - ERTIES:If the booklets described in paragraphs 11D(1)and 11D(2)are not required,Buyer is advised that they are available and contai E. ENVIRONMENTAL HAZARDS AND ENERGY EFFICIENCY BOOKLETS:"Environmental Hazards:Guide for Homeowners and Buyers"booklet,and a home energy rating booklet,when available,contain useful information for ALL TYPES OF PROPERTY. F. LEAD-BASED PAINT:For residential property constructed prior to 1978,when effective,Buyer and Seller are required to sign a lead-based paint disclosure form(s).(DISCLOSURE AND ACKNOWLEDGMENT OF LEAD-BASED PAINT BEFORE SALE(C.A.R.Form FLS-14),when applicable,and/or NOTICE TO PURCHASERS OF HOUSING CONSTRUCTED BEFORE 1978(C.A.R.Form LPD-14)for FHA-financed property,shall satisfy this requirement.)In addition, when effective,Buyer shall be furnished a copy of"Protect Your Family From Lead in Your Home"booklet. 12. A. The Property has parking spaces assigned to it. B. The current regular Homeowners'Association(HOA)dues/assessments are$ ❑ Monthl C. Seller shall,within the time specified in paragraph 28A(4),request and provide to Buyer an mg special assessments,claims,or litigation;copies of covenants,conditions,and restrictions;articles of incorporation;b -1 governing documents;most current financial statement distributed(Civil Code§1365);statement regarding limited enforceab'' estrictions,if applicable;current HOA statement showing any unpaid assessments(Civil Code §1368);any other documents re ' aw;and the most recent 12 months of HOA minutes,if available.Buyer shall,within the time specified in paragraph 28A(2),pro ' n notice to Seller of any items disapproved.Cost of obtaining those items shall be paid by Seller. FaRill-A'S made FB@aFdeR@ the PFOPOFIlip"S GGIRAPliall wish&Ry glah-amill doellil oF Will Faqwimmell mill a9i ill w4iii 13. SMOKE DETECTOR(S)AND WATER HEATER BRACING:State law requires that residences be equipped with operable smoke detector(s),and that all water heaters must be braced,anchored,or strapped to resist falling or horizontal displacement due to earthquake.Local law may impose additional requirements. Unless exempt,Seller shall,prior to close of escrow,provide to Buyer a written statement of compliance and any other documents required,in accordance with applicable state and local laws.(SMOKE DETECTOR AND WATER HEATER STATEMENT OF COMPLIANCE(C.A.R.Form SDC-14)SHALL SATISFY THE STATE PORTION OF THIS REQUIREMENT.)Additional smoke detectors)and water heater bracing,anchoring,or strapping,if required,shall be installed at ellerr expense prior to close of escrow. Buyer, S 14. RETROFIT: IN Buyer, ❑ Seller,shall pay the cost of compliance with any minimum mandatory government retrofit standards and inspections required as a condition of closing escrow under local,state,or federal law,including,but not limited to,repairs required for mandatory compliance with building and safety requirements,and energy and utility efficiency requirements,E*8EPT. &Ad-except as otherwise agreed in writing. 15. GOVERNMENTAL COMPLIANCE: A Sel'al;FspFeso-what Sells-has i;@kF;@WI@d@@ Glaill Rill 1018d OF18611lill9d 0@80ABIlhe 12FSP13111i 8010isial 80801)',198blAllipi StSIS,Oililleel fire,or health laws,codes,statutes,ordinances,regulations,or rules,EXCEPT: B. Seller shall promptly disclose to Buyer any improvements,additio s epail made by Seller or known to Seller to have been made without required over spections,and approvals. receives notice or is made aware of any of the above violations prior to close of escrow,Seller shalt immediately notify Buyer in writing.Buyer shall, D. Nothing in this paragraph relieves Seller of any other obligations in this Agreement.Neither Buyer nor Seller shall be required to make Repairs to the Property for any purpose,unless agreed in writing between Buyer and Seller,or required by law as a condition of closing escrow.No warranty is made concerning the presence or absence of building permits or inspections,or compliance or lack of compliance with building codes,unless agreed in writing. Buyer and Seller ackno eipt of copy of this page,which constitutes Page 4 of Pages. OFFICE USE ONLY Buyer's Initials ( ) ( ) Seller's Initials ( ) ( ) Reviewed by Broker or Designee Date Eov O Tulin, MLA MAR 96 BROKER'S COPY ISI-A I lnr A Tr nI Innu A car nAUTo A/%T A&I r%I50/40111nT CAH r%0DA@IT/111 G_-1 A 0A/_C A AC 101 Property Address: 21'979 San Fernando Avenue November 12 1996 16.. FIXTURES:All EXISTING fixtures and fittings that are attached to the Property,or for which special openings have been made,are INCLUDED IN THE PURCHASE PRICE(unless excluded below),and shall be transferred free of liens.These include,but are not limited to,existing electrical,lighting,plumbing and heating fixtures,fireplace inserts,solar systems,built-in appliances,screens,awnings,shutters,window coverings,attached floor coverings,television antennas,satellite dishes and related equipment,private integrated telephone systems,air coolers/conditioners,pool/spa equipment,water softeners(if owned by Seller),security systems/alarms(if owned by Seller),garage door openerstremote controls,attached fireplace equipment,mailbox,in-ground landscaping including trees/shrubs, and ITEMS EXCLUDED: 17. PERSONAL PROPERTY.T e following items of personal property,free of liens and without warranty of condition(unless provided in paragraph 8A)or fitness for use,are included: N/A r. El (If checked:)Buyer and a er e r home warranty plan with the following st not to exceed $ to be p6el and to 196 i6swed by 19. SEPTIC/SEWER/WELL SYSTEMS: Prior to close of escrow: F; 4,11 18914Rg she"eemply with any ieeal 1aW8 PeFtajAiA9 18 tefltiAfi.BtlyeF Shall,Withim the time speeilied im paregreph 2a,pFavade vv metiee ie Gelle-e NO WARRANTY is made as to the appropriate type,size,adequacy,or capacity of the septic,sewer,or well systems,unless agreed in writing. 20. PEST-199NTR c in the main building and attached structures(and,if checked: ❑ detached garages or carports, ❑ decks, ❑ the following other structur on the Pr rty: ) If the Prop is a unit in a condominium,planned development,or residential stock cooperative,the Report shall cover only the separate" erest and any exclusive-use a being transferred,and shall NOT cover common areas. B. ❑ Buyer, ❑ Seller, all pay for the Report,which shall be prepared by a registered structural pes ntrol company. C. If no infestation or infection b ood destroying pests or organisms is found,the Report shall include a written C ification. D. If requested by Buyer or Seller,the port shall separately identify each recommendation for corrective wo s follows: "Section 1"—Infestation or infection whi is evident. "Section 2"—Conditions which are present a deemed likely to lead to infestation or infection. E. ❑ Buyer, ❑ Seller,shall pay for work recommen to correct conditions described in"S ion 1." F. ❑ Buyer, ❑ Seller,shall pay for work recommended to rrect conditions described i Section 2,"if requested by Buyer. G. Nothing in this paragraph 20 shall relieve Seller of the obligatio 'f any,to repair or r ace shower pans and shower enclosures,if required by paragraph 8. A WATER TEST OF SHOWER PANS MAY NOT BE PERFORMED UNITS AN UPPER LEVEL WITHOUT THE CONSENT OF THE OWNERS OF PROPERTY BELOW THE SHOWER. H. Work to be performed at Seller's expense may be performed b ler or th h others,provided that: (1) All required permits and final inspections are obtained; (2) Upon completion of repairs a Certification is provid o Buyer. I. If inspection of inaccessible areas is recommen in the Report,Buyer has the option to ept and approve the Report,or request in writing,within 5(or ❑ )days of receipt of the Report t further inspection be made.BUYER'S FAILURE OTIFY SELLER IN WRITING OF SUCH REQUEST SHALL CONCLUSIVELY BY CONSID APPROVAL OF THE REPORT.If further inspection recom ds"Section 1"and/or"Section 2"corrective work,such work,and the inspecti entry,and closing of the inaccessible areas,shall be paid for by the part signated in paragraphs 20B,20E,and/or 20F.If no infestation or infec' is found,the inspection,entry,and closing of the inaccessible areas shall be pai r by Buyer. J. Inspections,correctly ork,and Certification under this paragraph shall not include roof coverings.Read paragrap concerning inspection of roof coverings. K. Certificatio all be issued prior to close of escrow.However,if Buyer and Seller agree in writing that work to be performed at er's expense will be done a close of escrow,funds equal to one and one-half times the amount of the approved estimate shall be held in escrow unless of ise agreed in w ' g.Such funds shall be disbursed upon Buyer's receipt of Certification.Any remaining balance shall be returned to Seller. "Certification"means a written statement by a registered structural pest control company,that on the date of inspection or re-inspection,the Pro y is erto Byer copies of all leases,rental agreements,outstanding notices sent to tenants,and current income and expense sta ental Documents"). Seller shall,within the in paragraph 28A(4),request from tenants and provide to Bu er ppel certificates.Buyer shall,within the time specified in paragraph 28A(2),provide written r of any ite eller shall make no changes in leases and tenancies,and shall enter into no new leases or rental agreements,durin y of this r wjLhout Buyer's prior written consent.Seller shall transfer to Buyer,through escrow,all unused t . o warranty is made concerning compliance with governmen if any,limiting the amount of rent that can lawfully 11 but not limited to,lending institutions,loan brokers,title insurers,escrow companies,ins inspector ro companies,contractors, and home warranty comparn the referrals are given g isclosures: A. Brokers do not guarani any Provi 23. REPAIRS:Repairs under this Agreement shall be completed prior to close of escrow,unless otherwise agreed in writing,and shall be performed in compliance with applicable governmental permit,inspection,and approval requirements.It is understood that exact restoration of appearance or cosmetic items following all such Repairs may not be possible.Repairs shall be performed in a skillful manner with materials of quality comparable to that of existing materials. 24. FINAL VERIFICATION OF CONDITION:Buyer shall have the right to make a final inspection of the Property approximately 5(or ❑ )days prior to close of escrow,NOT AS A CONTINGENCY OF THE SALE,but solely to confirm that:(a)Repairs have been completed as agreed in writing by Buyer and Seller, (b)Seller has complied with Se is other obligations,and(c)the Property is otherwise in substantially the same condition as on the date of acceptance of the offer,unless otherwis gre din writing. Buyer and Seller ackno r eipt of copy of this page,which constitutes Page 5 of Pages. OFFICE USE ONLY Buyer's Initials ) ( ) Seller's Initials ) ( ) Reviewed by Broker or Designee EWAL NOUSN6 Date OPPONR1NnY MIR MAR 96 BROKER'S COPY OC Al GQTATG 0110f'UAC1= f`f1BITDA&MY AAlr% 0Gf%C10T 0A13 r%0nr%L+1T inE r MAi — ��... ("Buyer's Property")which is listed for le wi Company and/or in Escrow No. with Company,scheduled to close escrow on A. (CheckONL or 2;do NOT check both.)After acceptance of this offer: ❑ (1) Seller S L have the right to continue to offer the Property for sale.if Seller accepts another written offer,Seller shall " e Buyer written notice to(a)remove t ' contingency in writing,(b)provide written verification of sufficient funds to close escrow on this tr saction,without the sale of Buyer's Property,a c)comply with the following additional requirements: If Buyer fails to complete those tions within hours or days after receipt of such notice, fer may cancel this Agreement in writing. OR ❑ (2) Seller shall NOT have the right to ntinue to offer the Property for sale,EXCEPT for back- offers. B. If Buyer's Property does not close escrow by the a specified in paragraph 2(Escrow)for close of row on this transaction,then either Seller or Buyer may cancel this Agreement in writing. SALE, ❑ (If checked:)Buyer understands that Seller has entered into one ore contracts to s he Property to other buyers.This Agreement is in back-up position number and is contingent upon written cancellation of the p ' r contra and any related escrows between Seller and the other buyers.Seller and the other buyers may mutually agree to modify or amend the terms of the prior co cts.Buyer may cancel this Agreement in writing at any time before Seller provides to Buyer copies of written cancellations of the prior contracts signed by partie those contracts.If Seller is unable to provide such written cancellations to Buyer,signed by Seller and the other buyers,by ,19 then either Buyer or Seller may cancel this Agreement in writing. A. BUYER'S DEPOSIT CHECK SHALL BE:(Check ONLY 1 or ,do NOT check both.) ❑ (1) HELD UNCASHED until copies of the written c cellations signed by all parties to the for contracts are provided to Buyer,OR ❑ (2) IMMEDIATELY handled as provided in pa raph 1B. B. TIME PERIODS IN THIS AGREEMENT for IN CTIONS,CONTINGENCIES,COVENANTS,and other igations,shall begin:(Check ONLY 1 or 2;do NOT check both.) ❑ (1) On the day after acceptanc the offer;OR ❑ (2) On the day after Seller ovides to Buyer copies of signed cancellations of prior contracts.However,if the date fo lose of escrow in paragraph 2 is a specific Cale r date,that date shall NOT be extended unless agreed by Buyer and Seller in writing. ❑ (If checked:)Thi reement is CONTINGENT upon court confirmation on or before 19—.The cou ay allow open, competitive ' ding,resulting in the Property being sold to the highest bidder.Buyer is advised to be in court when the offer is considered for c firmation. Court c irmation may be required in probate,conservatorship,guardianship,receivership,bankruptcy,or other proceedings.Buyer understands t the Pro rty maycontinueto be marketed by Brokers and others,and that Brokers may represent other competitive bidders priorto and at the court confirmati 28. TIME PERIODS;SATISFACTION/REMOVAL OF CONTINGENCIES;DISAPPROVAL/CANCELLATION RIGHTS: A. TIME PERIODS:Buyer and Seller agree to be bound by the following time periods,which can be changed only by mutual written agreement: BUYER HAS: Completed (1) all Inspections,investigations(including inspections for lead-based paint under federal law if applicable),and review of documents and other applicable information, te Buyer or to ferAeve the eam1iinigeigey assesiated wilh abish dieappfflYal Fi@W,bY 0`18 FAMIWEI SPOWi9d iR PaFQ@FaPh 2812 OF 28G,SXG944 (2) eeiffteach of the following items Existing Loan Documents(paragraph 1M),Preliminary (Title)Report(paragraph 3),Geologic/Earthquake/Seismic/Flood/State Fire Responsibility Zones/Areas Disclosures(paragraphs 11A,11B, approved and 11C),Known Seismic Deficiency and Disclosures(paragraph 111)(1)(b)),Condominium/Common Interest Subdivision Documents(paragraph 12),Governmental Compliance Disclosures(paragraph 15),Well System Reports furnished by Seller(paragraphs 19D and 19E),Rental Documents and Tenant Estoppel Certificates(paragraph 21). SELLER HAS PROVIDED: f applicable (3) the following item Pest Control Report (paragraph 20), Geologic/Earthquake/Seismic/Flood/State Fire Responsibility Zones/Areas Disclosures(paragraphs 11A,11B,and 11C),Earthquake Guide and Disclosures(paragraphs 11D(1)and 111)(2)),Rental Documents(paragraph 21). if applieable (4) , he following iteml Existing Loan Documents (paragraph 1M),Preliminary(Title)Report(paragraph 3),Condominium/Common Interest Subdivision Documents(paragraph 12),Tenant Estoppel Certificates(paragraph 21). B. PASSIVE REMOVAL(Unless paragraph 28C is checked,the Passive method shall apply): (1) r uyer shall conclusively be deemed to have:(a)completed all Inspections,investigations,reviewof applicable documents and disclosures and removed all contingencies(including the contingency of obtaining loans, if applicable);(b)elected to proceed with the transaction;and(c)assumed all liability,responsibility,and expense for repairs or corrections other than for items which Seller has otherwise agreed in writing to repair or correct. (2) (3) (4) bi , uyer shall conclusively be deemed to-have elected to proceed with the transaction without repair or correction of any items which Seller has not otherwise agreed in writing to repair or correct. Aff YE REMeVAE(11 n ------sph is eheekeel,ilge 9-- ev- er does not give to Seller written notice of removal of all contingencies(including the contingency of obtaining loans,if applicable ms reaso nab ly-21119appizimuLd.or of cancellation(based on inability to obtain loans,if applicable,or based on any other cancel ' t of Buyer),within the strict time periods specifie all have the right to cancel this Agreement in writing. (2) If Buyerdoes give to Seller written notice of items r disapproved,within the str' eriods specified,Seller shall have days in which to respond in writing. (3) If Seller's response indicates that Seiler is unwillin o o repair or corre�anvm Idisapproved by Buyer,or if Seller does not respond within the strict time period specifie all have days(after receipt of Seller's response,or after Rt:e� tion of the time for Sell�sp ond, whichever occur either cancel this Agreement,or elect to proceed,in writing. yer does not give su h written notice of cancellation or of election to proceed pursuant to paragraph 28C(3)within the strict time peri Buyer and Seller acknowled ipt of copy of this page,which constitutes Page 6 of Pages. OFFICE USE ONLY Buyer's Initials ( ) ( ) Seller's Initials ( �1? 1-2 ) ( ) Reviewed by Broker or Designee EOM MMM Date OPPORNNIiY MIR MAR 96 BROKER'S COPY 1121PAI CCTATC 01 19a `41ACC rnKITOAPT ANIn 0=t%CI0T CAD nCDACIT/nii C_4A DA/_C a AC o% Property'Address: 21979 San Fernando Avenue November 12 , 19_.96_ B.r X under paragraphs 1A,1L,3,7,9,11,12,15,21,25,26,27,or 30,the deposits,less costs and fees,as applicable,shall r. uyer and Seller understand that,in such event:(1)Buyer and Seller are each required to sign mutual'i e transaction and escrow,and release deposits, as provided by law;(2)A party may be subject to a civ' for refusal to sign such instructions(Civil Code§1057.3)if no good faith dispute exists as to who is e i e funds;(3)Fees and costs maybe payable to service providers and vendors for services and products provided 29. TAX WITHHOLDING: A. Under the Foreign Investment in Real Property Tax Act(FIRPTA),IRC§1445,every Buyer must,unless an exemption applies,deduct and withhold 10%of the gross sales price from Seller's proceeds and send it to the Internal Revenue Service,if the Seller is a"foreign person"under that statute. B. In addition,under California Revenue and Taxation Code§18662,every Buyer must,unless an exemption applies,deduct and withhold 31/3%of the gross sales price from Seller's proceeds and send it to the Franchise Tax Board if the Seller has a last known address outside of California or if the Seller's proceeds will be paid to a financial intermediary of the Seller. C. Penalties may be imposed on a responsible party for non-compliance with the requirements of these statutes and related regulations.Seller and Buyer agree to execute and deliver any instrument,affidavit,statement,or instruction reasonably necessary to carry out these requirements,and to withholding of tax under those statutes if required.(SELLER'S AFFIDAVIT OF NON-FOREIGN STATUS AND/OR CALIFORNIA RESIDENCY(C.A.R.Form AS-14),OR BUYER'S AFFIDAVIT(C.A.R.Form AB-11),IF APPLICABLE,SHALL SATISFY THESE REQUIREMENTS.) 30. PROPERTY DESTRUCTION OR DAMAGE:This paragraph applies only to destruction or damage that occurs after acceptance of the offer. A. In the event of destruction or damage through no fault of Buyer or Seller,before Buyer receives either title or possession: (1) If such destruction or damage totals 1%or less of the purchase price, the transaction shall go forward. (2) If such destruction or damage exceeds 1%of the purchase price,Buyer shall have the right only to elect to either(a)terminate this Agreement by giving written notice of cancellation to Seller,or(b)purchase the Property in its then-present condition.If Buyer elects to purchase the property in its then- present condition,Seller shall ssign to Buyer all rights to any insurance claims and proceeds covering the destruction or damage, tion or damage totals 1%or less of the purchase price(a)Seller shall be under no obligation to repair such destruction or damage,(b) the transaction shall goo ler shall assign to Buyer all rights to any insurance claims and proceeds covering the destruction or damage. (2) If such destruction or damage exceeds 1%of the purc hall have the right only to elect to either(a)terminate this Agreement by giving written notice of cancellation to Seller,or(b)purchase the Property in its then-present c ects to purchase the property in its then-present C. Destruction or damage after title has transferred to Buyer shall be borne by Buyer. D. In the event the transaction is terminated under this paragraph,any expenses paid by Buyer or Seller for credit reports,appraisals,title examination,Inspections of any kind,or other items,shall remain that party's responsibility. IF TRANSFER OF TITLE AND POSSESSION DO NOT OCCUR AT THE SAME TIME, BUYER AND SELLER ARE ADVISED TO SEEK ADVICE OF THEIR INSURANCE ADVISORS AS TO THE INSURANCE CONSEQUENCE THEREOF. 31. MULTIPLE LISTING SERVICE(MLS):Brokersare authorizedto report the terms of thistransaction to any MLS,to bepublished and disseminated to persons authorized to use the information on terms approved by the MLS. 32. EQUAL HOUSING OPPORTUNITY:The Property is sold in compliance with federal,state,and local anti-discrimination laws. 33. MEDIATION OF DISPUTES:BUYER AND SELLER AGREE TO MEDIATE ANY DISPUTE ORCLAIM ARISING BETWEEN 1 HEM OUTOFTHIS CONTRACT OR ANY RESULTING TRANSACTION BEFORE RESORTING TO ARBITRATION OR COURTACTION.Mediation is a process by which parties attempt to resolve a dispute or claim by submitting it to an impartial,neutral mediator,who is authorized to facilitate the resolution of the dispute,but who is not empowered to impose a settlement on the parties.Mediation fees,if any,shall be divided equally among the parties involved.In addition,Buyer and Seller agree to mediate disputes or claims involving either or both Brokers,consistent with this provision,provided either or both Brokers shall have agreed to such mediation prior to or within a reasonable time after the dispute or claim is presented to Brokers.Any election by either or both Brokers to participate in mediation shall not result in Brokers being deemed parties to the purchase and sale Agreement.IF ANY PARTY COMMENCES AN ARBITRATION OR COURT ACTION BASED ON A DISPUTE OR CLAIM TO WHICH THIS PARAGRAPH APPLIES WITHOUT FIRSTATTEMPTING TO RESOLVE THE MATTER THROUGH MEDIATION,THEN IN THE DISCRETION OF THE ARBITRATOR(S)OR JUDGE,THAT PARTY SHALL NOT BE ENTITLED TO RECOVER ATTORNEY'S FEES,EVEN IF THEY WOULD OTHERWISE BE AVAILABLE TO THAT PARTY IN ANY SUCH ARBITRATION OR COURT ACTION.This mediation provision applies whether or not the Arbitration of Disputes provision is initialled. Exclusions are listed in paragraph 35. 34. ARBITRATION OF DISPUTES:(If initialled by all parties:)Buyer and Seller agree that any dispute or claim in law or equity arising between Buyer and Seller out of this contract or any resulting transaction,which is not settled through mediation, shall be decided by neutral, binding arbitration and not by court action, except as provided by California law for judicial review of arbitration proceedings. in addition, Buyer and Seller agree to arbitrate disputes or claims involving either or both Brokers, consistent with this provision, provided either or both Brokers shall have agreed to such arbitration prior to or within a reasonable time after the dispute or claim is presented to Brokers. Any election by either or both Brokers to participate in arbitration shall not result in Brokers being deemed parties to the purchase and sale Agreement. The arbitration shall be conducted in accordance with the rules of either the American Arbitration Association(AAA) or Judicial Arbitration and Mediation Services, Inc./Endispute (JAMS/Endispute). The selection between AAA and JAMS/Endispute rules shall be made by the claimant first filing for arbitration.The parties to an arbitration may agree in writing to use different rules and/or arbitrator(s). In all other respects, the arbitration shall be conducted in accordance with Part III,Title 9 of the California Code of Civil Procedure.Judgment upon the award rendered by the arbitrator(s)may be entered in any court having jurisdiction thereof.The parties shall have the right to discovery in accordance with Code of Civil Procedure§1283.05. Exclusions are listed in paragraph 35. "NOTICE:BY INITIALLING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE `ARBITRATION OF DISPUTES' PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALLING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE`ARBITRATION OF DISPUTES'PROVISION.IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION,YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE.YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY." "WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THE `ARBITRATION OF DISPUTES' PROVISION TO NEUTRAL ARBITRATION." Buyer's Initials Seller's Initials 35. EXCLUSIONS FROM MEDIATION AND ARBITRATION:The following matters are excluded from mediation and arbitration hereunder:(a)a judicial or non-judicial foreclosure or other action or proceeding to enforce a deed of trust,mortgage,or installment land sale contract as defined in Civil Code§2985,(b) an unlawful detainer action,(c)the filing or enforcement of a mechanic's lien,(d)any matter which is within the jurisdiction of a probate or small claims court, and(e)an action for bodily injury or wrongful death,or for latent or patent defects to which Code of Civil Procedure§337.1 or§337.15 applies.The filing of a court action to enable the recording of a notice of pending action,for order of attachment,receivership,injunction,or other provisional remedies,shall not constitute a violation of the Mediation of Disputes and Arbitration of Disputes provisions. Buyer and Seller ackno ceipt of copy of this page,which constitutes Page 7 of Pages. OFFICE USE ONLY Buyer's Initials ) ( ) Seller's Initials ) ( ) Reviewed by Broker or Designee EQUAL IIOUSlIG Date OVPORTURm M A MAR 96 BROKER'S COPY 36. LIQUIDATED DAMAGES: (If initialled by all parties:) " Burr's Initials Seller's Initials Buyer and Seiler agree that if Buyer fails to complete this purchase by reason of any default of Buyer: A. Seller shall be released from the obligation to sell the Property to Buyer. B. Seller shall retain,as liquidated damages for breach of contract,the deposit actually paid.However,the amount retained shall be no more than 3%of the purchase price if the Property is a dwelling with no more than four units,one of which Buyer intends to occupy as Buyer's residence. Any excess shall promptly be returned to Buyer. C. Buyer and Seller shall sign RECEIPT FOR INCREASED DEPOSIT/LIQUIDATED DAMAGES(C.A.R.Form RID-11)for any increased deposit. D. In the event of a dispute,funds deposited in trust accounts or escrow are not released automatically and require mutual, signed release instructions from both Buyer and Seller,judicial decision, or arbitration award. 37. ATTORNEY'S FEES:In any action,proceeding,or arbitration between Buyer and Seller arising out of this Agreement,the prevailing party between Buyer and Seller shall be entitled to reasonable attorney's fees and costs from the non-prevailing Buyer or Seller,except as provided in paragraph 33. 38. DEFINITIONS:As used in this Agreement: A. "DAYS"means calendar days,unless otherwise required by law. B. "DAYS FROM ACCEPTANCE"meansthe specified numberof calendar days after acceptance of theofferorfinal counteroffer iscommunicated to the other party as specified in paragraph 42,not counting the calendar date on which acceptance is communicated. C. "CLOSE OF ESCROW"means the date the grant deed or other evidence of transfer of title is recorded. D. "LOCAL LAW"means any law,code,statute,ordinance,regulation,or rule,adopted by a city or county. E. "REPAIRS"means alterations,repairs,replacements,or modifications of the Property. F. SINGULAR and PLURAL terms each include the others,when appropriate. 39. TIME OF ESSENCE;ENTIRE CONTRACT;CHANGES:Time is of the essence.All agreements between the parties are incorporated in this Agreement which constitutes the entire contract.Its terms are intended by the parties as a final,complete,and exclusive expression of their agreement with respect to its subject matter and may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement.The captions in this Agreement are for convenience of reference only and are not intended as part of this Agreement.This Agreement may not be extended,amended,modified,aftered,or changed In any respect whatsoever except in writing signed by Buyer and Seller. 40. OTHER TERMS AND CONDITIONS;ATTACHED SUPPLEMENTS: A. SEE ADDENDUM B. The following ATTACHED supplements are incorporated in this Agreement: ❑ ❑ Listing Agen: the agent of(check one): (Print Firm Name) ❑ the Seller exclusively;or ❑ both the Buyer an Selling Agent: (if not same as Listing Agent)is the agent of(check one): FitFirm Name) Elthe Buyer exclusively;or a Seller exclusively;or Elboth the Buyer and Seiler. Real Estate Broke of parties to the purchase and sale Agreement between Buyer and Seller.(IF THE PROPERTY CONTAINS 1-4 L DWELLING UNIT AND SELLER MUST ALSO BE GIVEN ONE OR MORE DISCLOSURES REGARDING REAL ESTATE AGENCY RELATIONSHIP 42. OFFER:This is an offer to purchase the Property.All paragraphs with spaces for initials by Buyer and Seller are incorporated in this Agreement only if initialled by all parties.if at least one,but not all parties initial,a counter offer is required until agreement is reached.Unless acceptance is signed by Seller and a signed copy delivered in person,by mail,or facsimile,and personally received by Buyer or by who is authorized to receive it,by 19_at AM/PM,the offer shall be deemed revoked and the deposit shall be returned. Buyer and Sell acknowledge that Brokers are not parties to the purchase and sale Agreement.Buyer has read and acknowledges receipt of a copy of the offer and agrees t e abov confirmation V agency relationships.If this offe, is acm-pied subseeltiently def---.'l e ent and any supplement,addendum,or modification�uding any photocopy o� acsimiie,may be signed in two or more counte all of w i h sh II co Itute one and the ame writing. BUYER BUYER Receipt for posit is acknowledged,and agency relationships are confirmed as above.Real Estate Brokers are not parties to the purchase and sale Agreement between Buyer and Seller. Real Estate Broker(Selling) Date (Print Firm Name) By Address Telephone Fax ACCEPTANCE The undersigned Seller accepts the above offer,agrees to sell the Pr ,erty on the above terms and condition Broker,and to SELLER j �"`�` K �'y ' �� e c s- -�'-�-' Date 7lOz'`. SELLER Time Agency relationships are confirmed as above.Real Estate Brokers are not parties to the purchase and sale Agreement between Buyer and Seller. Real Estate Broker(Listing) Date (Print Firm Name) By Address Telephone Fax (___J_) ACKNOWLEDGMENT OF RECEIPT Buyer,or the person authorized in paragraph 42,acknowledges receipt of signed acceptance on (Initials) (date) ,at AM/PM. This form is available for use by the entire real estate industry.The OFFICE USE ONLY � use of this form is not intended to identify the user as a REALTOR". REALTOR" is a registered collective membership mark which maybe used Reviewed by Broker or Designee Page 8 of Pages. only CI real estate licensees who are members of the NATIONAL EE�f�� ASSOCIATION OF REALTORSm and who subscribe to its Code of Ethics. Date BROKER'S COPY MR MAR ss r11T A 1 L-4121'r A TC no 1M^1_1 A L%C^^&ITrf A/%T A►Ir% n1T#%VIn-r d-'^rf^1_nr\[VT/rN 1- 4• I'1 A nC 0 AC 0% - ADDENDUM TO REAL ESTATE PURCHASE CONTRACT AND RECEIPT FOR DEPOSIT This Addendum to Real Estate Purchase Contract and Receipt for Deposit ("Addendum") is made and entered into as of November 12, 1996 by and between the City of Cupertino, a municipal corporation ("Buyer") and Ruth S. Plato, Successor Trustee of that certain Declaration of Trust of Selma Elida Nelson dated January 19, 1984 ("Seller") for the purposes of modifying, amending and supplementing that certain Real Estate Purchase Contract and Receipt for Deposit of even date herewith by and between Buyer and Seller (the "Agreement"). NOW, THEREFORE, Buyer and Seller hereby modify, amend and supplement the Agreement as follows: 1. "As Is" Acquisition. Notwithstanding the provisions of the Agreement to the contrary, Buyer represents and warrants that Buyer has satisfied itself as to the physical, structural, environmental, legal and economic condition and all other aspects of the Property (as defined in the Agreement) and its suitability for the purposes intended by Buyer. Buyer acknowledges and agrees that Buyer is acquiring the Property subject to all existing laws, ordinances, rules and regulations, and that neither Seller nor any of Seller's officers, directors, employees, agents, representatives and attorneys (collectively, "Seller's Agents") have made any warranties, representations or statements regarding the availability of any approvals, or the laws, ordinances, rules or regulations of any governmental or quasi-governmental body, entity, district or agency having authority with respect to the ownership, possession, development, occupancy, condition and/or use of the Property. Seller disclaims the making of any representations or warranties, express or implied, regarding the Property or matters affecting the Property, including, without limitation, the physical and structural condition of the Property, title to or boundaries of the Property, soil condition, the presence of hazardous waste, hazardous materials, toxic waste or other environmental matters, compliance with building, health, safety, land use and zoning laws, regulations and orders, structural or other engineering characteristics, and all other information pertaining to the Property. Buyer further acknowledges that Seller has made no representation or warranty regarding the accuracy or completeness of any reports or studies relating to the Property which may have been delivered to or made available to Buyer. Buyer moreover acknowledges that(i)Buyer is a sophisticated investor, knowledgeable and experienced in the financial and business risks attendant to an investment of real property and capable of evaluating the merits and risks of entering into this Agreement and purchasing the Property, (ii) that Buyer has entered into this Agreement by making and relying upon its own or its experts investigation of the physical, structural, environmental, economic and legal condition of the Property, including, without limitation, the compliance of the Property with laws and governmental regulations and the operation of the Property, and (iii) that Buyer is not relying on any representations and warranties made by Seller or anyone acting or claiming to act on Seller's behalf concerning the Property. Buyer further acknowledges that it has not received from Seller any accounting, tax, legal, architectural, engineering, property management or other advice with respect to this transaction and is relying upon the advice of its own accounting,tax, legal, architectural, engineering, property management and other advisors. Buyer shall purchase the Property in its "As Is" condition on the close of escrow and assumes the risk that adverse physical, structural, environmental, economic or legal conditions may not have been revealed by its investigations or Seller. Seller shall have no liability for any subsequently discovered defects, whether latent or patent. \RAK1324094.01 61-111108940001 , y 1 Buyer represents and warrants to Seller that Buyer does not intend to use the Property for residential purposes or use. Buyer acknowledges and agrees that the purchase and sale of the Property as contemplated in the Agreement is exempt from the requirements of, and Seller shall have no obligation to provide Buyer with a "Real Estate Transfer Disclosure Statement" in accordance with, Civil Code Sections 1102, et. seq. Buyer further acknowledges and agrees that the purchase and sale of the Property is exempt from the requirements of, and Seller shall have no obligation to provide Buyer with"The Homeowner's Guide to Earthquake Safety" and"The Commercial Property Owner's Guide to Earthquake Safety' in accordance with, Government Code Sections 8893, et. seq. Buyer further acknowledges and agrees that the purchase and sale of the Property is exempt from the requirements of Health and Safety Code Section 13113.8 (Smoke detectors) or any similar or applicable provision of law, and Seller shall have no obligation to provide Buyer with the statement referenced therein. Buyer hereby expressly waives the requirements of Health and Safety Code Section 19211 (Water heaters)and Seller shall have no obligation to provide Seller a certification as referenced therein. Buyer agrees to comply with the provisions of Health and Safety Code Section 19211(a)with respect to the Property no later than December 31, 1996, which obligation shall include, without limitation,bracing, anchoring and strapping any and all water heaters in the Property to resist falling or horizontal displacement due to earthquake motion. Buyer hereby agrees to indemnify, defend and hold Seller harmless from and against any and all claims, liabilities, damages, expenses and causes of actions relating to or arising out of Buyer's failure to comply with the provisions of Health and Safety Code Section 19211(a)with respect to the Property. Buyer further acknowledges and agrees that Seller has delivered to Buyer any and all reports, disclosures and other information required under the Agreement or applicable law, or to the extent not delivered, Buyer hereby waives and releases Seller from any obligations in connection therewith. Buyer agrees that, from and after the close of escrow,Buyer, for itself and its agents, affiliates, successors and assigns, shall release and forever discharge Seller, its agents, affiliates, successors and assigns from, and waives any right to proceed against Seller for, any and all rights, claims and all other aspects and demands at law or in equity relating to the physical, structural, environmental, economic or legal condition of the Property or any other matter relating to the purchase and sale of the Property. Such release shall survive the close of escrow. Buyer has read and has been fully advised of the contents of Section 1542 of the Civil Code of the State of California, which reads as follows: A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor. and, Buyer hereby expressly waives any and all rights and the benefits of said section or any similar section of the laws of any other applicable jurisdiction. 2. Effect of Amendment. Except as modified by the terms of this Addendum, the terms of the Agreement shall remain in full force and effect. In the event of any conflict between \RAK\324094.01 -2- 61-111108940001 this Addendum and the Agreement, the terms and conditions of this Addendum shall govern and control the intent and agreement of the parties. 3. Buyer represents and warrants to Seller that it has not dealt with any real estate broker, agent or salesperson in connection with the purchase and sale of the Property. Buyer shall indemnify, defend and hold harmless Seller on account of any claims, demands, causes of action, or judgments respecting payment of any sales commission, brokerage commission or finder's fee, including attorneys' fees and court costs, arising from or relating to the purchase and sale of the Property. 4. Amendments. This Addendum may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 5. Severability. If any provision of this Addendum is, or hereinafter is adjudged to be, for any reason void, unenforceable, or invalid, it is the specific intent of the parties that the remainder hereof shall be and remain in full force and effect. IN WITNESS WHEREOF, Buyer and Seller have executed and delivered this Addendum on the date first above written. BUYER: CITY OF C E INO, a munici corporation By: / Its: G�hl SELLER: DECLARATION OF TRUST OF SELMA ELIDA NELSON DATED JANUARY 19, 1984 By: � RUTH S. PLATO Its: Successor Trustee \RAK\324094.01 -3- 61-111108940001