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D-211 CORPORATION GRANT DEED, 10461 MILLER AVE, APN 369-15-007, RESO 9500
y 3� s�-r - "7 P089PAGE0353 13097240 RECORDING REQUESTED BY NORTH AMERICAN TITLE COMPANY REG FEE -Escrow No. 14 01623 Order No. 42766 0 AND WHEN RECORDED MAIL TO RMF RecOocled at the request of MICRO CXd Republic Title Company Name City of Cupertino RTCF 8:00 Street ATTN: Burt Viskovich LIEN NOV 110 1995 A.M. Address 10300 Torre Avenue SMPF BKNDADAVIS,ROW11drr Cupertino, CA 95014 TC PCORI Santa On Camty,OW Records City& State NV SPACE ABOVE THIS LINE FOR RECORDER'S USE CORPORATION GRANT DEED A.P.N.3 6 9-15-0 0 7 The undersigned grantor(s) declare(s Documentary transfer tax is $ City Transfer Tax is $ ( X ) computed on full value of property conveyed, or ( ) computed on full value less value of liens and encumbrances remaining at time of sale. ( ) Unincorporated area: ( X ) City of Cupertino , and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Home Savings of America, FSB a corporation organized under the laws of the State of California hereby GRANT(S) to City of Cupertino, a Governmental Agency l the following described real property in the Cupertino County of Santa Clara , State of California: For Legal Description See Exhibit "All Attached Hereto And Made A Part Hereof. In Witness Whereof, said corporation has caused its corporate name and seal to be affixed hereto and this instrument to be executed by its President and Assistant Secretary thereunto duly authorized. Dated: November 15, 1995 Home Savings of America, FSB STATE OF CAL OR IA }SS. COUNTY OF J } By On before me, President personally appeared , / By Assistant Secretary rrennn11*Irnnwn rn w,@ (or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s)is/are subscribed to the rQF. KATHY FUNN I within instrument and acknowledged to me that he/she/they executed � Comm.#1018986the same in his/her/their authorized capacity(ies), and that by NOTARY PUBLIC-CAUFORNIA Santa Clara County his/her/their signature(s)on the instrument the person(s),or the entity QW Conal.Expires Jan.18,1993 ^+ upon behalf of which the person(s)acted, executed the instrument. WITNESS my hada official seal. Signature (This area for official notarial seal) MAIL TAX STATEMENTS TO: SAME AS ABOVE NAME ADDRESS CITY,STATE&ZIP f � i „.. ��'�` ���.Ft .. PO89PAGE0354 OLD REPUBLIC TITLE COMPANY ORDER NO. 427660 The land referred to in this Report is situated in the County of Santa Clara, State of California, and is described as follows: LOT 82, as delineated upon that certain Map entitled "TRACT NO. 1343 CASA DEL SOL NO. 2", filed for record in the Office of the Recorder of the County of Santa Clara, State of California, on February 15th, 1955 in Book 54 of Maps, at Page 42 and 43. 369-15-007 63006 cm/tr/cc A371-10-20 NI Page 3 of 4 Pages ORT 3157-C PO89PAGE035S RESOLUTION NO. 9500 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING A GRANT DEED OF REAL PROPERTY FROM HOME SAVINGS OF AMERICA, FSB, APN 369-15-007 LOCATED AT 10461 MILLER AVENUE IN THE CITY OF CUPERTINO WHEREAS, the City has approved the acquisition of real property from Home Savings of America, FSB, APN 369-15-007, located at 10461 Miller Avenue adjoining Creekside Park(Fremont Older School site); and WHEREAS, Home Savings of America, FSB, 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 10461 Miller 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 accepts said grant so tendered; and BE IT FURTHER RESOLVE'-"' 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 November 1995 by the following vote: Vote Members of the City Council AYES: Bautista, Burnett, Koppel, Sorensen, Dean NOES: None ABSENT: None ABSTAIN: None ATTEST: APPROVED: /s/Kimberly Smith /s/Wally Dean City Clerk Mayor, City of Cupertino THIS IS TO CERTIFY THAT THE WITHIN INSTRUMENT IS ATRUE AND CORRECT COPY OF THE ORIGINAL ON FILE IN THIS OFFICE. ATTEST // 19 95 CITY CLERK OF THE ITY OF CUPERTINO 6Y // RENTAL AGREEMENT (Month-to-Month) THIS AGREEMENT is made and entered into this day of ���l3��- , 19 between C I T Y 0 1' L1 P C R—F 1 N O "Owner" and JC-F-F 4 tkLL a F—F[= JISI,'_"Resident." THE PARTIES AGREE AS FOLLOWS: 1. Subject to the terms and conditions of this Agreement,Owner ren�s`to, Resident and Resident rents from Owner,for residential use only, the premises known as: /04�o ( IVB i LL-.I=12. PN Ja CU 19 C4Z U(M , CA on a month-to-month term. (Zip) 2. Rent is due in advance on the day of each and every month, at$ ( per month, beginning Agn the 2-0 day of 1 .16 V C t+'►2.. 19!7�� payable at G t TN HhI.L 1 0'300` 0_ AJZ.L C-U,pg HT1►J D If rent is paid after the of the month, there will be a late charge of$ �• 00 assessed. 3. Resident shall deposit with Owner,as a security deposit,the sum of$ 14 L-^ ,payable at Resident shall not use the security deposit to pay the last month's rent. Owner may withhold from the security deposit only such amounts as are reasonably necessary to remedy Resident defaults as follows: (a) in the payment of rent, or (b) to repair damages to the premises caused by Resident, exclusive of ordinary wear and tear, or (c) to clean the premises, if necessary, upon termination of the tenancy. No later than three weeks(21 days)after Resident has vacated the premises,Owner shall furnish Resident with an itemized written statement of the basis for,and the amount of,any security deposit received and the disposition of such security deposit and shall return any remaining portion of such security deposit to Resident. 4. Except as prohibited by law,this Agreement may be terminated by either party after service upon the other of a written 30-day notice of termination of tenancy. Any holding over thereafter shall result in Resident being liable to Owner for"rental damages"at the fair rental value of$ -3"1 , C.(.r-. per day. 5. Premises shall be occupied only by the following named person(s): JE'r-r- uuLL j2-1¢ - b4- Name Birthdate Name Birthdate Name Birthdate Name Birthdate 6. Without Owner's prior written permission as an addendum to this Agreement, no bird or animal, no water beds or liquid-filled furniture or -N /A shall be kept or allowed in or about the premises. 7. Resident shall not violate any criminal or civil law, ordinance or statute in the use and occupancy of the premises, commit waste or nuisance,annoy,molest or interfere with any other Resident or neighbor.Any such action may result in the immediate termination of this Agreement as provided herein and by law. 8. Except as provided by law, no repairs, decorating or alterations shall be done by Resident without Owner's prior written consent. Resident shall notify Owner in writing of any repairs or alterations contemplated. Decorations include,but are not limited to,painting and wallpapering. Resident shall hold Owner harmless and indemnify Owner as to any mechanics lien recordation or proceeding caused by Resident. 9. Resident has inspected the premises,furnishings and equipment,and has found them to be satisfactory. All plumbing,heating and electrical systems are operative and deemed satisfactory. 10. Except as prohibited by law, Resident shall keep the premises and furniture, furnishings and appliances, yard and landscaping, if any,and fixtures which are rented for Resident's exclusive use in good order and condition. Resident shall pay Owner for costs to repair, replace or rebuild any portion of the premises damaged by the Resident, Resident's guests or invitees. Resident's property is not insured by Owner. UNAUTHORIZED REPRODUCTION OF THIS FORM IS ILLEGAL CAA Approved Form California Apartment Association Form 2.0—Revised 4/95—Copyright 1995 Page 1 of 2 PLI %1 12t 11. Resident shall pay for all utilities,services and charges,if any,made payable by or predicated upon occupancy of Resident,except: 12. The undersigned Resident(s),whether or not in actual possession of the premises,are jointly and severally liable for all obligations under this Rental Agreement, and shall indemnify Owner for liability arising prior to the termination of the Rental Agreement for personal injuries or property damage caused or permitted by Resident(s),their guests and invitees. This does not waive"Owner's duty of care"to prevent personal injury or property damage where that duty is imposed by law. 13. Owner or his/her agents or employees may enter the premises: a) In case of emergency, or b)When Resident has abandoned or surrendered the premises,or to make necessary or agreed repairs,decorations,alterations or improvements,to supply necessary or agreed services,or to exhibit the dwelling unit to prospective or actual purchasers, lenders, residents,workmen or contractors, provided Resident is given reasonable notice of Owner's intent to enter,with entrance during normal business hours(8:00 a.m.to 6:00 p.m., Monday through Saturday, except holidays). Twenty-four hours shall be presumed to be reasonable notice, in absence of evidence to the contrary. Resident maybe present, however,entry is not conditioned upon such presence and Resident agrees to hold Owner harmless for such entry. 14. No portion of the premises shall be sublet nor this Agreement assigned. Any attempted subletting or assignment by Resident shall, at the election of Owner, be an irremediable breach of this Agreement and cause for immediate termination as provided herein and by law. 15. The premises are equipped with a smoke detection device(s), and Resident shall be responsible for reporting any problems, maintenance or repairs to Owner.Owner shall have a right to enter the premises to check and maintain the smoke detection device as provided by law. 16. ATTACHMENTS: By initialing as provided,Resident acknowledges receipt of those indicated attachments,copy(ies)of which is(are) attached hereto, marked by indicated page number(s)and is (are) incorporated as part of this Agreement. A. House Rules Initial House Rules attached marked Pages(s) B. Check In/Check Out Check In/Check Out List which describes the List Initial condition of the premises, marked Page(s) C. Waterbed Initial Waterbed and/or Liquid Filled Furniture Agreement marked Page(s) D. Addendum Initial Addendum marked Page 17. This Agreement,which includes all attachments referred to above,constitutes the entire Agreement betweon the parties and cannot be modified except in writing and signed by all parties. Owner, nor an agent or employee of Owner has made any representations or promises other than those set forth herein. 18. As required by law,you are hereby notified that a negative credit report reflecting on your credit report may,be submitted to a credit reporting agency if you fail to fulfill the terms of your credit obligations. 19. If any legal action or proceeding is brought by either party to enforce any part of this Agreement,the prevailing party shall recover, in addition to all other relief, reasonable attorneys' fees and costs. Notice upon Owner may be served upon: at: , CA This person is authorized to accept legal service on behalf of Owner. Zip The undersigned Resident(s)acknowledge(s) having read and and d th for going, and receipt of a duplicate original. Date Resiq4t Dat R sid 14 V Date er Ow gent UNAUTHORIZED REPRODUCTION 071H FORM IS ILLEGAL CAA Approved Form California Apartment Association Form 2.0—Revised 4/95—Copyright 1995 s Page 2 of 2 RESOLUTION NO. 9500 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING A GRANT DEED OF REAL PROPERTY FROM HOME SAVINGS OF AMERICA, FSB, APN 369-15-007 LOCATED AT 10461 MILLER AVENUE IN THE CITY OF CUPERTINO WHEREAS, the City has approved the acquisition of real property from Home Savings of America, FSB, APN 369-15-007, located at 10461 Miller Avenue adjoining Creekside Park (Fremont Older School site); and WHEREAS, Home Savings of America, FSB, 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 10461 Miller 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 accepts 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 November 1995 by the following vote: Vote Members of the City Council AYES: Bautista, Burnett, Koppel, Sorensen, Dean NOES: None ABSENT: None ABSTAIN: None ATTEST: APPROVED: /s/Kimberly Smith /s/Wally Dean City Clerk Mayor, City of Cupertino Stan �rd .Ga�rrae � it CLTA Standard Coverage 1900-11 Policy Number FTY 268337 * 7k SUBJECT TO THE EXCLUSIONS FROM COVERAGE,THE EXCEPTIONS FROM COVERAGE CONTAINED 9Z* IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS,OLD REPUBLIC NATIONAL TITLE * * INSURANCE COMPANY,A Minnesota corporation,herein called the Company,insures,as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A,sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land; and in addition,as to an insured lender only: 5. The invalidity or unenforceability of the lien of the insured mortgage upon the title; 6. The priority of any lien or encumbrance over the lien of the insured mortgage,said mortgage being shown in Schedule B in the order of its priority; 7. The invalidity or unenforceability of any assignment of the insured mortgage,provided the assignment is shown in Schedule B,or the failure of the assignment shown in Schedule B to vest title to the insured mortgage in the named insured assignee free and clear of all liens. The Company will also pay the costs,attorneys fees and expenses incurred in defense of the title or the lien of the insured mortgage,as insured,but only to the extent provided in the Conditions and Stipulations. Issued through the office of.- OLD REPUBLIC TITLE COMPANY 1900 THE ALAMEDA SAN JOSE, CA 95126 (408)296-4500 Old Republic National Title Insurance Company 400 Second Avenue South Minneapolis, Minne By President yAuthorized Signature l &G;� CLTA Standard Coverage Policy 1990 Attes Secretary ORNT 1101 OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY 400 Second Avenue South Minneapolis,Minnesota 55401 (** * OLD REPUBLIC Standard Coverage Policy National Title Insurance Company /Continued from inside back cover./ other policy of insurance,or bond and the obligor will not be an insured A copy of the Rules may be obtained from the Company upon under this policy,notwithstanding Section 1(a)(i)of these Conditions request. and Stipulations. 14. Liability Limited to This Policy:Policy Entire Contract. (a) This policy together with all endorsements, if any, 13. Arbitration. attached hereto by the Company is the entire policy and contract Unless prohibited by applicable law,either the Company or the insured between the insured and the Company.In interpreting any provision of may demand arbitration pursuant to the Title Insurance Arbitration this policy,this policy shall be construed as a whole. Rules of the American Arbitration Association.Arbitrable matters may (b) Any claim of loss or damage,whether or not based on include,but are not limited to,any controversy or claim between the negligence,and which arises out of the status of the title to the estate Company and the insured arising out of or relating to this policy,any or interest covered hereby or by any action asserting such claim,shall service of the Company in connection with its issuance or the breach be restricted to this policy. of a policy provision or other obligation.All arbitrable matters when (c) No amendment of or endorsement to this policy can be the Amount of Insurance is$1,000,000 or less shall be arbitrated at made except by a writing endorsed hereon or attached hereto signed the option of either the Company or the insured.All arbitrable matters by either the President,a Vice President,the Secretary,an Assistant when the Amount of Insurance is in excess of$1,000,000 shall be Secretary,or validating officer or authorized signatory of the Company. arbitrated only when agreed to by both the Company and the insured. 15. Severability. Arbitration pursuant to this policy and under the Rules in effect on the In the event any provision of the policy is held invalid or unenforceable date the demand for arbitration is made or,at the option of the insured, under applicable law,the policy shall be deemed not to include that the Rules in effect at Date of Policy shall be binding upon the parties. provision and all other provisions shall remain in full force and effect. The award may include attorneys fees only if the laws of the state in which the land is located permit a court to award attorneys'fees to a 16. Notices, Where Sent prevailing party.Judgment upon the award rendered by the Arbitrator(s) All notices required to be given the Company and any statement in may be entered in any court having jurisdiction thereof. writing required to be furnished the Company shall include the number The law of the situs of the land shall apply to an arbitration of this policy and shall be addressed to the Company at: under the Title Insurance Arbitration Rules. 400 Second Avenue South, Minneapolis, Minnesota 55401 Phone(612)371-1111 (Continued from insert back.) not be liable for any loss or damage caused thereby. destroyed, in which case proof of loss or destruction shall be furnished (b) In the event of any litigation, including litigation by the to the satisfaction of the Company. Company or with the Company's consent,the Company shall have no (b) When liability and the extent of loss or damage has liability for loss or damage until there has been a final determination been definitely fixed in accordance with these Conditions and by a court of competent jurisdiction,and disposition of all appeals Stipulations,the loss or damage shall be payable within 30 days therefrom,adverse to the title,or, if applicable,to the lien of the thereafter. insured mortgage,as insured. 12. Subrogation Upon Payment or'Settlement. (c) The Company shall not be liable for loss or damage to (a) The Company's Right of Subrogation. any insured for liability voluntarily assumed by the insured in settling Whenever the Company shall have settled and paid a claim under this any claim or suit without the prior written consent of the Company. policy,all right of subrogation shall vest in the Company unaffected by (d) The Company shall not be liable to an insured lender any act of the insured claimant. for: The Company shall be subrogated to and be entitled to all (i) any indebtedness created subsequent to Date of Policy rights and remedies which the insured claimant would have had except for advances made to protect the lien of the insured mortgage against any person or property in respect to the claim had this policy and secured thereby and reasonable amounts expended to prevent not been issued.If requested by the Company,the insured claimant deterioration of improvements; or shall transfer to the Company all rights and remedies against any (ii) construction loan advances made subsequent to Date person or property necessary in order to perfect this right of of Policy,except construction loan advances made subsequent to Date subrogation.The insured claimant shall permit the Company to sue, of Policy for the purpose of financing in whole or in part the compromise or settle in the name of the insured claimant and to use construction of an improvement to the land which at Date of Policy the name of the insured claimant in any transaction or litigation were secured by the insured mortgage and which the insured was and involving these rights or remedies. continued to be obligated to advance at and after Date of Policy. If a payment on account of a claim does not fully cover the 9. Reduction of Insurance;Reduction or Termination of loss of the insured claimant,the Company shall be subrogated(i)as to Liability an insured owner,to all rights and remedies in the proportion which (a) All payments under this policy,except payments made the Company's payment bears to the whole amount of the loss; and(ii) for costs,attorneys'fees and expenses,shall reduce the amount of as to an insured lender,to all rights and remedies of the insured insurance pro tanto.However,as to an insured lender,any payments claimant after the insured claimant shall have recovered its principal, made prior to the acquisition of title to the estate or interest as interest,and costs of collection. provided in Section 2(a)of these Conditions and Stipulations shall not If loss should result from any act of the insured claimant,as reduce pro tanto the amount of insurance afforded under this policy as stated above,that act shall not void this policy,but the Company,in to any such insured,except to the extent that the payments reduce the that event,shall be required to pay only that part of any losses insured amount of the indebtedness secured by the insured mortgage. against by this policy which shall exceed the amount, if any,lost to the (b) Payment in part by any person of the principal of the Company by reason of the impairment by the insured claimant of the indebtedness,or any other obligation secured by the insured mortgage, company's right of subrogation. or any voluntary partial satisfaction or release of the insured mortgage, (b) The Insured's Rights and Limitations. to the extent of the payment,satisfaction or release,shall reduce the Notwithstanding the foregoing,the owner of the indebtedness secured amount of insurance pro tanto.The amount of insurance may thereafter by an insured mortgage,provided the priority of the lien of the insured be increased by accruing interest and advances made to protect the mortgage or its enforceability is not affected,may release or substitute lien of the insured mortgage and secured thereby,with interest the personal liability of any debtor or guarantor,or extend or otherwise thereon,provided in no event shall the amount of insurance be greater modify the terms of payment,or release a portion of the estate or than the Amount of Insurance stated in Schedule A. interest from the lien of the insured mortgage,or release any collateral (c) Payment in full by any person or the voluntary security for the indebtedness. satisfaction or release of the insured mortgage shall terminate all When the permitted acts of the insured claimant occur and liability of the Company to an insured lender except as provided in the insured has knowledge of any claim of title or interest adverse to Section 2(a)of these Conditions and Stipulations. the title to the estate or interest or the priority or enforceability of the 10. Liability Noncumulative. lien of an insured mortgage,as insured,the Company shall be required It is expressly understood that the amount of insurance under this to pay only that part of any losses insured against by this policy which policy shall be reduced by any amount the Company may pay under any shall exceed the amount,if any, lost to the Company by reason of the policy insuring a mortgage to which exception is taken in Schedule B impairment by the insured claimant of the Company's right of or to which the insured has agreed,assumed,or taken subject,or subrogation. which is hereafter executed by an insured and which is a charge or (c) The Company's Rights Against Non-insured Obligors. lien on the estate or interest described or referred to in Schedule A, The Company's right of subrogation against non-insured obligors shall and the amount so paid shall be deemed a payment under this policy exist and shall include,without limitation,the rights of the insured to to the insured owner. indemnities,guaranties,other policies of insurance or bonds, The provisions of this Section shall not apply to an insured notwithstanding any terms or conditions contained in those lender, unless such insured acquires title to said estate or interest in instruments which provide for subrogation rights by reason of this satisfaction of the indebtedness secured by an insured mortgage. policy. The Company's right of subrogation shall not be avoided by 11. Payment of Loss. acquisition of an insured mortgage by an obligor(except an obligor (a) No payment shall be made without producing this policy described in Section 1(a)(ii)of these Conditions and Stipulations)who for endorsement of the payment unless the policy has been lost or acquires the insured mortgage as a result of an indemnity,guarantee, (Continued on back cover.) i EXCLUSIONS FROM COVERAGE CONDITIONS AND STIPULATIONS 1. Definition of Terms. The following matters are expressly excluded from the The following terms when used in this policy mean: coverage of this policy and the Company will not pay loss or damage, (a) "insured": the insured named in Schedule A,and, costs,attorneys fees or expenses which arise by reason of: subject to any rights or defenses the Company would have had against 1. (a) Any law,ordinance or governmental regulation the named insured,those who succeed to the interest of the named (including but not limited to building or zoning laws,ordinances,or insured by operation of law as distinguished from purchase including, regulations)restricting,regulating,prohibiting or relating to(i)the but not limited to,heirs,distributees,devisees,survivors,personal occupancy, use,or enjoyment of the land: (ii)the character,dimensions representatives,next of kin,or corporate or fiduciary successors.The or location of any improvement now or hereafter erected on the land; term"insured"also includes(i)the owner of the indebtedness secured (iii)a separation in ownership or a change in the dimensions or area of by the insured mortgage and each successor in ownership of the the land or any parcel of which the land is or was a part; or(iv) indebtedness except a successor who is an obligor under the environmental protection,or the effect of any violation of these laws, provisions of Section 12(c)of these Conditions and Stipulations ordinances or governmental regulations,except to the extent that a (reserving,however,all rights and defenses as to any successor that notice of the enforcement thereof or a notice of a defect, lien or the Company would have had against any predecessor insured,unless encumbrance resulting from a violation or alleged violation affecting the successor acquired the indebtedness as a purchaser for value the land has been recorded in the public records at Date of Policy. without knowledge of the asserted defect, lien,encumbrance,adverse (b) Any governmental police power not excluded by(a) claim or other matter insured against by this policy as affecting title to above,except to the extent that a notice of the exercise thereof or a the estate or interest in the land); (ii)any governmental agency or notice of a defect, lien or encumbrance resulting from a violation or governmental instrumentality which is an insurer or guarantor under alleged violation affecting the land has been recorded in the public an insurance contract or guaranty insuring or guaranteeing the records at Date of Policy. indebtedness secured by the insured mortgage,or any part thereof, 2. Rights of eminent domain unless notice of the exercise whether named as an insured herein or not; (iii)the parties designated thereof has been recorded in the public records at Date of Policy,but in Section 2(a)of these Conditions and Stipulations. not excluding from coverage any taking which has occurred prior to (b) "insured claimant": an insured claiming loss or damage. Date of Policy which would be binding on the rights of a purchaser for (c) "insured lender": the owner of an insured mortgage. value without knowledge. (d) "insured mortgage": a mortgage shown in Schedule B, 3. Defects, liens,encumbrances,adverse claims or other the owner of which is named as an insured in Schedule A. matters: (e) "knowledge"or"known": actual knowledge,not (a) whether or not recorded in the public records at Date of constructive knowledge or notice which may be imputed to an insured Policy,but created,suffered,assumed or agreed to by the insured by reason of the public records as defined in this policy or any other claimant; records which impart constructive notice of matters affecting the land. (b) not known to the Company,not recorded in the public (f) "land": the land described or referred to in Schedule records at Date of Policy,but known to the insured claimant and not [A][C],and improvements affixed thereto which by law constitute real disclosed in writing to the Company by the insured claimant prior to property.The term"land"does not include any property beyond the the date the insured claimant became an insured under this policy; lines of the area described or referred to in Schedule[A][C],nor any (c) resulting in no loss or damage to the insured claimant; right,title, interest,estate or easement in abutting streets, roads, (d) attaching or created subsequent to Date of Policy; or avenues,alleys, lanes,ways or waterways,but nothing herein shall (e) resulting in loss or damage which would not have been modify or limit the extent to which a right of access to and from the sustained if the insured claimant had paid value for the insured land is insured by this policy. mortgage or for the estate or interest insured by this policy. (g) "mortgage': mortgage,deed of trust,trust deed,or 4. Unenforceability of the lien of the insured mortgage other security instrument. because of the inability or failure of the insured at Date of Policy,or (h) "public records": records established under state the inability or failure of any subsequent owner of the indebtedness,to statutes at Date of Policy for the purpose of imparting constructive comply with the applicable doing business laws of the state in which notice of matters relating to real property to purchasers for value and the land is situated. without knowledge. 5. Invalidity or unenforceability of the lien of the insured (i) "unmarketability of the title": an alleged or apparent mortgage,or claim thereof,which arises out of the transaction matter affecting the title to the land,not excluded or excepted from evidenced by the insured mortgage and is based upon usury or any coverage,which would entitle a purchaser of the estate or interest consumer credit protection or truth in lending law. described in Schedule A or the insured mortgage to be released from 6. Any claim, which arises out of the transaction vesting in the obligation to purchase by virtue of a contractual condition requiring the insured the estate or interest insured by this policy or the the delivery of marketable title. transaction creating the interest of the insured lender, by reason of the 2. Continuation of Insurance. operation of federal bankruptcy, state insolvency or similar creditors' (a) After Acquisition of Title by Insured Lender. If this policy rights laws. insures the owner of the indebtedness secured by the insured mortgage,the coverage of this policy shall continue in force as of Date of Policy in favor of(i)such insured lender who acquires all or any part of the estate or interest in the land by foreclosure,trustee's sale, conveyance in lieu of foreclosure,or other legal manner which discharges the lien of the insured mortgage; (ii)a transferee of the (Continued on insert front) Schedule A Premium $ 467.88 File No. 427660 Policy No. FTY 268337 Date of Policy November 16th, 1995 at 8:00 a.m. Amount of Insurance $ 214,000.00 1. Name of Insured: CITY OF CUPERTINO * * 2. The estate or interest in the land which is covered by this policy is: 9Z * * a FEE. 3. Trtle to the estate or interest in the land is vested in: CITY OF CUPERTINO, a Governmental Agency Schedule B 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: PART 1 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. Continued CLTA Standard Coverage 1990 This policy valid only if Schedule B - Part 11 is attached FiGIS 1301A Policy No. FTY 268337 Schedule B (Continued) PART 11 1. Taxes for the fiscal year 1995-96: A Lien, but not yet due or payable Bill No. : 369-15-007 Code No. : 63006 First Installment $328.16 paid Second Installment $328.16 open The above installments include a property tax exemption of NONE 2. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Section 75, et seq. , of the Revenue and Taxation Code of the State of California. 3. An easement affecting that portion of said land and for the purposes stated herein and incidental purposes as shown on the filed Map. For Public Utility Easement Affects Northerly 5 feet and Westerly 5 feet 4. Covenants, Conditions and Restrictions, which do not contain express provisions for forfeiture or reversion of title in the event of violation, but deleting restrictions, if any, based on race, color, religion or national origin, as provided in an instrument Recorded February 17th, 1955 in Book 3089 of Official Records, Page 274 Said Covenants, Conditions and Restrictions provide that a violation thereof shall not defeat or render invalid the lien of any Mortgage or Deed of Trust made in good faith and for value. Page—2--of 3 Pages CLTA Standard Coverage-1990 FTGIS 1301B Policy No. FTY 268337 Schedule C Page 1 of Schedule C The land referred to in this policy is situated in the County of Santa Clara , in the unincorporated area, State of California, and is described as follows: LOT 82, as delineated upon that certain Map entitled "TRACT NO. 1343 CASA DEL SOL NO. 2", filed for record in the Office of the Recorder of the County of Santa Clara, State of California, on February 15th, 1955 in Book 54 of Maps, at Page 42 and 43. 369-15-007 63006 cm/tr/cc A371-10-20 NI ltc Page----!-of 3 Pages CITA Standard Coverage-1990 FfGIS 1301C (Continued from inside front cover) estate or interest so acquired from an insured corporation,provided only as to those stated causes of action alleging a defect,lien or the transferee is the parent or wholly-owned subsidiary of the insured encumbrance or other matter insured against by this policy.The corporation,and their corporate successors by operation of law and Company shall have the right to select counsel of its choice(subject to not by purchase,subject to any rights or defenses the Company may the right of such insured to object for reasonable cause)to represent have against any predecessor insureds; and(iii)any governmental the insured as to those stated causes of action and shall not be liable agency or governmental instrumentality which acquires all or any part for and will not pay the fees of any other counsel.The Company will of the estate or interest pursuant to a contract of insurance or guaranty not pay any fees,costs or expenses incurred by an insured in the insuring or guaranteeing the indebtedness secured by the insured defense of those causes of action which allege matters not insured mortgage. against by this policy. (b) After Conveyance of Title by an Insured.The coverage (b) The Company shall have the right,at its own cost,to of this policy shall continue in force as of Date of Policy in favor of an institute and prosecute any action or proceeding or to do any other act insured only so long as the insured retains an estate or interest in the which in its opinion may be necessary or desirable to establish the land,or holds an indebtedness secured by a purchase money mortgage title to the estate or interest or the lien of the insured mortgage,as given by a purchaser from the insured,or only so long as the insured insured,or to prevent or reduce loss or damage to an insured.The shall have liability by reason of covenants of warranty made by the Company may take any appropriate action under the terms of this insured in any transfer or conveyance of the estate or interest.This policy,whether or not it shall be liable hereunder,and shall not thereby policy shall not continue in force in favor of any purchaser from an concede liability or waive any provision of this policy.If the Company insured of either(i)an estate or interest in the land,or(ii)an shall exercise its rights under this paragraph,it shall do so diligently. indebtedness secured by a purchase money mortgage given to an (c) Whenever the Company shall have brought an action or insured. interposed a defense as required or permitted by the provisions of this (c) Amount of Insurance.The amount of insurance after policy,the Company may pursue any litigation to final determination by the acquisition or after the conveyance by an insured lender shall in a court of.competent jurisdiction and expressly reserves the right, in neither event exceed the least of: its sole discretion,to appeal from any adverse judgment or order. (i) The amount of insurance stated in Schedule A; (d) In all cases where this policy permits or requires the (ii) The amount of principal of the indebtedness secured by Company to prosecute or provide for the defense of any action or the insured mortgage as of Date of Policy,interest thereon,expenses proceeding,an insured shall secure to the Company the right to so of foreclosure,amounts advanced pursuant to the insured mortgage to prosecute or provide defense in the action or proceeding,and all assure compliance with laws or to protect the lien of the insured appeals therein,and permit the Company to use,at its option,the mortgage prior to the time of acquisition of the estate or interest in name of such insured for this purpose.Whenever requested by the the land and secured thereby and reasonable amounts expended to Company,an insured,at the Company's expense,shall give the prevent deterioration of improvements,but reduced by the amounts of Company all reasonable aid(i)in any action or proceeding,securing all payments made; or evidence,obtaining witnesses,prosecuting or defending the action or (iii) The amount paid by any governmental agency or proceeding,or effecting settlement,and(ii)in any other lawful act governmental instrumentality,if the agency or the instrumentality is which in the opinion of the Company may be necessary or desirable to the insured claimant,in the acquisition of the estate or interest in establish the title to the estate or interest of the lien of the insured satisfaction of its insurance contract or guaranty. mortgage,as insured. If the Company is prejudiced by the failure of an 3. Notice of Claim To Be Given By Insured Claimant insured to furnish the required cooperation,the Company's obligations An insured shall notify the Company promptly in writing(i)in case of to such insured under the policy shall terminate,including any liability any litigation as set forth in 4(a)below,(ii)in case knowledge shall or obligation to defend,prosecute,or continue any litigation,with come to an insured hereunder of any claim of title or interest which is regard to the matter or matters requiring such cooperation. adverse to the title to the estate or interest or the lien of the insured 5. Proof of Loss or Damage. mortgage,as insured,and which might cause loss or damage for which In addition to and after the notices required under Section 3 of these the Company may be liable by virtue of this policy,or(iii)if title to the Conditions and Stipulations have been provided the Company,a proof estate or interest or the lien of the insured mortgage,as insured,is of loss or damage signed and sworn to by each insured claimant shall rejected as unmarketable.If prompt notice shall not be given to the be furnished to the Company within 90 days after the insured claimant Company,then as to that insured all liability of the Company shall shall ascertain the facts giving rise to the loss or damage.The proof of terminate with regard to the matter or matters for which prompt notice loss or damage shall describe the defect in,or lien or encumbrance on is required; provided,however,that failure to notify the Company shall the title,or other matter insured against by this policy which in no case prejudice the rights of any insured under this policy unless constitutes the basis of loss or damage and shall state,to the extent the Company shall be prejudiced by the failure and then only to the possible,the basis of calculating the amount of the loss or damage.If extent of the prejudice. the Company is prejudiced by the failure of an insured claimant to 4. Defense and Prosecution of Actions;Duty of Insured provide the required proof of loss or damage,the Company's Claimant to Cooperate. obligations to such insured under the policy shall terminate,including (a) Upon written request by an insured and subject to the any liability or obligation to defend,prosecute,or continue any options contained in Section 6 of these Conditions and Stipulations, litigation,with regard to the matter or matters requiring such proof of the Company,at its own cost and without unreasonable delay,shall loss or damage. provide for the defense of such insured in litigation in which any third In additon,an insured claimant may reasonably be required party asserts a claim adverse to the title or interest as insured,but to submit to examination under oath by any authorized representative (Continued on insert back.) ORNT 1103 (Continued from insert front) of the Company and shall produce for examination,inspection and policy,together with any costs,attorneys fees and expenses incurred copying,at such reasonable times and places as may be designated by by the insured claimant which were authorized by the Company up to any authorized representative of the Company,all records,books, the time of payment and which the Company is obligated to pay; or ledgers,checks,correspondence and memoranda,whether bearing a (ii) to pay or otherwise settle with the insured claimant the date before or after Date of Policy,which reasonably pertain to the loss or damage provided for under this policy,together with any costs, loss or damage.Further, if requested by any authorized representative attorneys'fees and expenses incurred by the insured claimant which of the Company,the insured claimant shall grant its permission,in were authorized by the Company up to the time of payment and which writing,for any authorized representative of the Company to examine, the Company is obligated to pay. inspect and copy all records,books,ledgers,checks,correspondence Upon the exercise by the Company of either of the options and memoranda in the custody or control of the third party,which provided for in paragraphs b(i)or b(ii),the Company's obligations to the reasonably pertain to the loss or damage.All information designated insured under this policy for the claimed loss or damage,other than as confidential by an insured claimant provided to the Company the payments required to be made,shall terminate, including any pursuant to this Section shall not be disclosed to others unless, in the liability or obligation to defend,prosecute or continue any litigation. reasonable judgment of the Company,it is necessary in the 7. Determination and Extent of Liability. administration of the claim. Failure of an insured claimant to submit This policy is a contract of indemnity against actual monetary loss or for examination under oath,produce other reasonably requested damage sustained or incurred by the insured claimant who has suffered information or grant permission to secure reasonably necessary loss or damage by reason of matters insured against by this policy and information from third parties as required in the above paragraph, only to the extent herein described. unless prohibited by law or governmental regulation,shall terminate (a) The liability of the Company under this policy to an any liability of the Company under this policy as to that insured for that insured lender shall not exceed the least of: claim. (i) the Amount of Insurance stated in Schedule A,or, if 6. Options to Pay or Otherwise Settle Claims: Termination applicable,the amount of insurance as defined in Section 2(c)of of Liability. these Conditions and Stipulations; In case of a claim under this policy,the Company shall have the (ii) the amount of the unpaid principal indebtedness following additional options: secured by the insured mortgage as limited or provided under Section (a) To Pay or Tender Payment of the Amount of Insurance or 8 of these Conditions and Stipulations or as reduced under Section 9 to Purchase the Indebtedness. of these Conditions and Stipulations,at the time the loss or damage (i) to pay or tender payment of the amount of insurance insured against by this policy occurs,together with interest thereon; or under this policy together with any costs,attorneys'fees and expenses (iii) the difference between the value of the insured estate incurred by the insured claimant,which were authorized by the or interest as insured and the value of the insured estate or interest Company,up to the time of payment or tender of payment and which subject to the defect, lien or encumbrance insured against by this the Company is obligated to pay; or policy. (ii) in case loss or damage is claimed under this policy by (b) In the event the insured lender has acquired the estate the owner of the indebtedness secured by the insured mortgage,to or interest in the manner described in Section 2(a)of these Conditions purchase the indebtedness secured by the insured mortgage for the and Stipulations or has conveyed the title,then the liability of the amount owing thereon together with any costs,attorneys'fees and Company shall continue as set forth in Section 7(a)of these Conditions expenses incurred by the insured claimant which were authorized by and Stipulations. the Company up to the time of purchase and which the Company is (c) The liability of the Company under this policy to an obligated to pay. insured owner of the estate or interest in the land described in If the Company offers to purchase the indebtedness as herein Schedule A shall not exceed the least of: provided,the owner of the indebtedness shall transfer, assign, and (i) the Amount of Insurance stated in Schedule A; or, convey the indebtedness and the insured mortgage,together with any (ii) the difference between the value of the insured estate collateral security,to the Company upon payment therefor. or interest as insured and the value of the insured estate or interest Upon the exercise by the Company of the option provided for subject to the defect,lien or encumbrance insured against by this in paragraph a(i),all liability and obligations to the insured under this policy. policy,other than to make the payment required in that paragraph, (d) The Company will pay only those costs,attorneys'fees shall terminate,including any liability or obligation to defend, and expenses incurred in accordance with Section 4 of these prosecute,or continue any litigation,and the policy shall be Conditions and Stipulations. surrendered to the Company for cancellation. 8. Limitation of Liability. Upon the exercise by the Company of the option provided for (a) If the Company establishes the title,or removes the in paragraph a(ii)the Company's obligation to an insured Lender under alleged defect, lien or encumbrance,or cures the lack of a right of this policy for the claimed loss or damage,other than the payment access to or from the land,or cures the claim of unmarketability of required to be made,shall terminate,including any liability or title,or otherwise establishes the lien of the insured mortgage,all as obligation to defend,prosecute or continue any litigation. insured, in a reasonably diligent manner by any method,including (b) To Pay or Otherwise Settle With Parties Other than the litigation and the completion of any appeals therefrom, it shall have Insured or With the Insured Claimant fully performed its obligations with respect to that matter and shall (i) to pay or otherwise settle with other parties for or in the name of an insured claimant any claim insured against under this . (Continued on inside cover) BUYS PS AND/OR BORROWERS INSTRUCTION^ To: North American Title Company, Inc. 10121 Miller Avenue Suite 1C` RE: 104x1 Miller Avenue Cupertino, CA 95014 (408) 973-9565 Cupertino, CA 95014 Date: 11/10/95 Escrow Officer: Teresa Woest Escrow Number: 1401623 I/We hand you: (X 1 Balance due,as indicated below,in the form of cash/cashier's check. ( ) Note and ( 1 1st ( 1 2nd Trust Deed for $ dated payable to . See actual note for terms and conditions. (X ) Approved Insp, AS-IS Stmt. Calfirpta, Suppl. Tax Inst, PCOR,Corp. Resoluti ( 1 ( ) You may complete said Note(s)and Trust Deed(s)upon close of escrow. All of which you may deliver and/or record when you obtain for my/our account a Deed to the real property described in your preliminary report no.-4276 6 0 dated 10/27/95 a copy of which I/we have read and hereby approve.And when you can issue your(XI CLTA( )ALTA RESIDENTIAL( )ALTA LENDERS(as required by lender)Form Title Insurance Policy with a liability in the amount of$ 214,000.00 ,as indicated below,on the real property described in said report showing title vested in City Of Cupertino, a Governmental Agency SUBJECT TO: County and/or City taxes not delinquent, covenants, conditions, restrictions, rights of way, easements and reservations of record; (X 1 Preliminary report items numbered 1 (1st installment paid) 2-4 inclusive ( 1 Trust Deed to record in favor of PRORATE TO )Interest on existing loan ( 1 Prepaid fire insurance premium ( ►Association Dues CLOSE OF 1 X 1 Taxes based on $ 328 .16 each installment ESCROW without regard to any reassessments or subsequent changes. IX ) Calculations based on an anticipated closing date of November 16, 1995 1 1 You are authorized to make deductions,adjustments and disbursements in accordance with the following statement. Estimated amounts may be adjusted dependent upon date of close of escrow. ESTIMATED STATEMENT DEBIT CREDITS PURCHASE PRICE: 214,000.00 DEPOSIT RETAINED BY: EXISTING LOAN BALANCE: EXISTING LOAN TRUST FUNDS: LOAN TRANSFER FEE: DEED OF TRUST: MTG. INS. S APPRAISAL FEE S TAX RESERVE S TAX SERVICE S NEW INS.RESERVE S CREDIT REPORT S LOAN LOAN FEE 5 CHARGES INT. @ S FROM funding TO S ABOVE TOTAL LOAN CHARGES DEED OF TRUST: ( ) 1St ( )2nd TITLE INSURANCE PREMIUM: North American Title Company ESCROW FEE: North American Title Company RECORDING: 28.00 DOCUMENT PREPARATION: North American Title Company 25.00 HOME WARRANTY: TERMITE INSPECTION: FIRE INSURANCE PREMIUM: TAXES PRO-RATA.1/2 yr $328.16 from COE to 01/01/96 est. . 82.04 FIRE INSURANCE PRO-RATA: INTEREST PRO-RATA: RENT PRO-RATA: County Transfer Tax. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117.70 BALANCE DUE ( X I THIS ESCROW IN THE FORM OF A CASHIER CHECK 214,252.74 PAYABLE THRU A CALIFORNIA BANK( ► BUYER TOTALS ESTIMATED 214,252.74 214,252.74 NAT-47B (Rev 9/88) Page 1 of 2 Initials NORTH AMERICAN Escrow No. 1401623 TITLE COMPANY GENERAL PROVISIONS 1. DEPOSIT AND DISBURSEMENT OF FUNDS All funds received in this escrow shall be deposited with other escrow funds in a general escrow account or accounts of North American Title Company, Inc. (hereinafter referred to "NATC") with any state or national bank or savings and loan, and may be transferred to any other such general escrow account or accounts. Said funds will not earn interest unless specifically instructed. All disbursements shall be made by check of NATC. NATC shall not be responsible for any delay in closing if funds received by escrow are not available for immediate withdrawal. NATC is authorized not to close escrow or disburse until good funds as provided for in California Insurance Code Section 12413.1 ("AB512")have been confirmed in escrow. If any check submitted to escrow is dishonored upon presentment for payment,you are authorized to notify all principals and/or their respective agents of such nonpayment. 2. CLOSE OF ESCROW The phrase"close of escrow" (or"COE" or"CE")as used in this escrow means the date on which documents are recorded,unless otherwise specified. 3. DELIVERY,RECEIPT AND NOTICES All written notices,communications, changes of instructions and documents intended for NATC are required to be delivered timely at the office of NATC as set forth herein. Delivery to Buyer or Seller as used in these instructions is to be by regular mail,and receipt is deemed to be 72 hours after such mailing unless otherwise stated herein. All documents,balances and statements due the undersigned are to be mailed to the respective addresses shown below, unless otherwise directed. 4. PRORATION,ADJUSTMENTS AND DEMANDS Unless otherwise specified in writing,all prorations or adjustments are to be made as of close of escrow on the basis of a 30-day month. NATC is to use the information contained in the latest available real property tax statement, without regard to any reassessments or subsequent changes. Real property tax bills or statements issued after close of escrow shall be handled directly between buyer and seller outside of escrow. NATC is instructed to assume and shall be fully protected in assuming that all information (for example, association fees, rents, rental deposits, insurance, insurance premiums,beneficiary statements)provided to NATC by the parties or their agent(s)is correct. NATC is authorized to pay all encumbrances necessary to place title in condition called for herein, including but not limited to prepayment penalties,without further approval of the undersigned. 5. SUPPLEMENTAL TAXES Seller and Buyer acknowledge that the subject property may be subject to real property supplemental taxes due as a result of change of ownership taking place through this escrow,prior changes in ownership,or improvements of the subject property. Any adjustment due on receipt of a supplemental tax bill will be made by Buyer and Seller outside of this escrow and NATC is released from all liability in connection with same. 6. UTILITIES,WATER, GARBAGE AND ENVIRONMENTAL ISSUES Transfer of utilities,water,and garbage service,or any interruptions or cancellations thereof are to be settled by Buyer and Seller directly and outside of escrow. NATC shall not be responsible for any late payments or nonpayment for any of these services. It is acknowledged that NATC has made no investigation concerning the property as to environmental or hazardous materials issues,and NATC is released of any responsibility or liability in connection with such issues. 7. POSSESSION Possession of the subject property shall be settled by the Buyer and Seller, and NATC shall not be liable or responsible for such possession. 8. RECORDATION OF INSTRUMENTS NATC is authorized and instructed to record any documents delivered through this escrow,the recording of which is necessary or proper in the issuance of the requested policy or policies of title insurance. 9. AUTHORIZATION TO FURNISH COPIES NATC is authorized to furnish copies ofpreliminary reports,inspection reports,escrow instructions,supplements,amendments or notices of cancellations and closing statements in this escrow to the real estate broker(s)and lender(s)referred to in this escrow. NATC may do so without incurring liability to any party. 10. FIRE,FLOOD,AND HAZARD INSURANCE Other than as may be specifically instructed by lender,NATC is not to be concerned with nor make any inquiry as to any fire,flood,hazard and other liability insurance. 11. PERSONAL PROPERTY TAXES No examination or insurance as to the existence, amount of payment of personal property taxes is required of NATC unless specifically instructed. 12. ACTION IN INTERPLEADER The parties expressly agree that NATC, as escrow holder,has the absolute right at its election to file an action in interpleader requiring the parties to answer and litigate their several claims and rights among themselves. NATC is authorized to deposit with the clerk of the court all documents and funds held in this escrow. In the event such action is filed,the parties jointly and severally agree to pay NATC's cancellation charges and costs, expenses and reasonable attorney's fees which NATC is required to expend in this interpleader action. Upon the filing of the action,NATC shall be fully released from all obligations to further perform any duties otherwise imposed by the terms of this escrow. 13. USURY NATC is not to be concerned with any question of usury in the processing of this escrow and NATC is hereby released of any responsibility of liability therefor. 14. CANCELLATION OF ESCROW Any principal requesting that NATC cancel this escrow shall file notice of demand to cancel in NATC's office in writing. NATC shall within a reasonable time thereafter mail or otherwise deliver one copy of such notice of demand to cancel to the principals or their respective agents. Unless written objection to such notice of demand to cancel is filed with NATC within fifteen(15)calendar days after the date NATC mailed or delivered the initial notice of demand to cancel,NATC is authorized to cancel this escrow. If NATC cancels this escrow,it is authorized to return the documents to the parties. NATC is,in any event,authorized to hold any money deposited in escrow until it is in receipt of mutual written instructions signed by all parties or the order of a court of competent jurisdiction,concerning the disposition of such money. NATC may return lender's papers and/or funds upon lender's demand. In the event of cancellation of this escrow,the fees and charges due NATC,including expenditures incurred or authorized,shall be borne by the parties or decided by a court of competent jurisdiction. 15. CONFLICTING INSTRUCTIONS Should NATC receive or become aware of any conflicting instructions,demands or claims with respect to this escrow or with respect to any money or property deposited herein or affected,NATC shall have the right to discontinue any or all further acts on its part until in receipt of consistent instructions or until the conflict is resolved to NATC's satisfaction. In the event that any dispute between the parties is submitted to arbitration,NATC is authorized to follow the award or decision of such arbitrator(s),whether or not such arbitration award or decision is "binding" or"final." 16. TERMINATION OF AGENCY OBLIGATIONS If there is no action taken on this escrow for any six month period,NATC's agency obligation shall terminate at its option and NATC shall be authorized to return all documents,monies or other items to the parties depositing same. This shall not limit NATC's right to withdraw as escrow agent from this transaction at any time. In the event of termination of NATC's agency obligations,the parties shall pay its fees,charges and any expenses incurred. 17. RIGHT OF RESIGNATION NATC has the right to resign as escrow holder,upon reasonable written notice,and it is acknowledged that five calendar days shall be deemed reasonable under this paragraph. If such right is exercised,NATC is authorized to return all funds and documents to the party who deposited them and NATC shall have no further liability in this escrow. 18. MEMORANDA NATC is to be concerned only with the directives specifically set forth in the escrow instructions and amendments hereto,and is not to be concerned with or liable for items designated as"memoranda" in the within escrow instructions,nor with any other agreement or contract between the parties. Initials Page 1 of 2 of General Provisions 19. DESTRUCTION OF RECORDS NATC is authorized to destroy or otherwise ctL ose of any and all documents,papers,instructions,corr6sYondence and other material pertaining to this escrow at the expiration of seven years from the close of escrow or cancellation thereof,without liability and without further notice to parties in the transaction. 20. PRELIMINARY REPORT The Parties acknowledge that they have received,read, and approved a copy of the Preliminary Report. 21. CHANGE OF OWNERSHIP Revenue and Taxation Code Section 480.3 requires that Buyers complete a Preliminary Change of Ownership Report(PCOR)for all deeds and other documents which reflect a change in ownership of real property. If such PCOR is not presented at time of recording,or is incomplete,a fee of$20 or as required by law will be charged to the appropriate party. NATO is relieved of all liability or responsibility as to the validity, sufficiency or preparation of said PCOR. 22. INTERNAL REVENUE SERVICE REPORTING REQUIREMENTS The Parties acknowledge that NATC may be required to report this real estate transaction, or aspects thereof,to the Internal Revenue Service. The Parties authorize NATC to make such reporting as it deems necessary,and agree to hold NATC harmless for such reporting. The Parties also agree to provide to NATC all documentation and information requested by NATC to comply with reporting requirements. 23. FOREIGN INVESTOR REAL PROPERTY TAX ACT(S) Under Section 1445 of the Internal Revenue Code as amended("Section 1445"),the Foreign Investment in Real Property Tax Act("FIRPTA"), every Buyer of U.S. real property must,unless an exemption applies,deduct and withhold from Seller's proceeds ten percent(10%)of the gross sales price. NATC is released from and shall have no liability,obligation or responsibility with respect to: (a)withholding of funds pursuant to Section 1445,(b) advising the parties as to the requirements of such section,(c)determining whether the transferor is a foreign person under such Section,or(d)obtaining a non-foreign affidavit or other basis for an exemption from withholding under such Section,or otherwise making any inquiry concerning compliance with such Section by any party to the transaction. In accordance with Sections 18805 and 26131 of the California Revenue and Taxation Code("Cal-FIRPTA")a Buyer may be required to withhold an amount equal to Three and One-Third Percent(3 1/3%)of the sales price,in the case of disposition of California real property interest(s)by either: (i)A Seller who is an individual with a last known street address outside of California,or when the disbursement instructions authorize the proceeds to be sent to a financial intermediary of the Seller, OR(ii)A Corporate Seller which has no permanent place of business in California. Under Cal- FIRPTA, NATC shall provide certain notice(s)to Buyer, and then shall withhold or not from Seller's gross proceeds in accordance with Buyer's instructions. Seller and Buyer agree to hold NATC harmless from any and all loss or damage arising out of NATC's compliance with Buyer's instructions. Seller and Buyer acknowledge that NATC shall have no liability,obligation or responsibility with respect to the truth or legal sufficiency of any claimed exemption under Cal-FIRPTA. 24. DISCLOSURE OF TAXPAYER IDENTIFICATION NUMBERS Internal Revenue Code Section 6109(h)imposes requirements for furnishing,disclosing and including taxpayer identification numbers in tax returns on the Parties to a residential real estate transaction involving seller-provided financing. The Parties understand that the disclosure reporting requirements are exclusive obligations between the Parties to this transaction and that NATC is not obligated to transmit the taxpayer identification numbers to the Internal Revenue Service or to the Parties. NATC is not rendering an opinion concerning the effect of this law on this transaction,and the Parties are not relying upon any statements made or omitted by the escrow or closing officer. To facilitate compliance with this law,the parties to this escrow hereby authorize NATC to release any Party's taxpayer identification number to any requesting Party who is a Party to this transaction. The requesting Party shall deliver a written request to escrow. The parties hereto waive all rights of confidentiality regarding their respective taxpayer identification numbers and agree to defend,indemnify,and hold NATC harmless from and against any fees, costs, or judgements incurred and/or awarded in connection with the release of taxpayer identification numbers. 25. "FAX" TRANSMISSIONS NATC is authorized to accept and rely upon instructions and amendments thereto as such may be submitted via facsimile machines("FAX"), and the Parties agree that FAX signatures shall be considered the same as if original signatures had been deposited into escrow. 26. ESCROW INSTRUCTIONS,COUNTERPART APPROVAL AND SEVERABILITY Any escrow instruction,amendment or supplement to these instructions must be in writing. Collectively,these escrow instructions constitute the entire escrow between the escrow holder and the parties. These escrow instructions, amendments and supplements may be executed in one or more counterparts,each of which independently shall have the same effect as if it were the original,regardless of date of execution or delivery,and all of which taken together shall constitute one and the same instructions. In these instructions,whenever the context so requires,the masculine gender includes the feminine and/or neuter,and the singular includes the plural. In the event one or more of these General Provisions is held to be invalid in judicial, administrative or other proceedings,the remaining General Provisions will continue to be operative. Should there be any conflict between these General Provisions and any other agreements of which these General Provisions are a part,all the terms and conditions of these General Provisions shall control as to NATC. Once the Parties have performed and/or satisfied all conditions to escrow,NATC is authorized to close escrow without further instruction or authorization from the undersigned. ALL PARTIES ACKNOWLEDGE THAT NORTH AMERICAN TITLE COMPANY HAS NOT GIVEN AND WILL NOT GIVE ANY LEGAL, TAX, REAL ESTATE OR INVESTMENT ADVICE IN THE ESCROW, NOR HAS IT MADE NOR WILL IT MAKE ANY INVESTIGATION, REPRESENTATIONS, OR ASSURANCES AS TO SUCH MATTERS OR AS TO COMPLIANCE OF THIS TRANSACTION WITH ANY TAX, SECURITIES, OR ANY OTHER FEDERAL OR STATE LAWS OR REGULATIONS. NORTH AMERICAN TITLE COMPANY RECOMMENDS THAT THE PARTIES SEEK AND OBTAIN INDEPENDENT LEGAL COUNSEL AND OTHER PROFESSIONAL ADVISE AS TO ALL SUCH MATTERS. THE ESCROW HOLDER IS NORTH AMERICAN TITLE COMPANY, INC., WHICH IS LICENSED BY THE CALIFORNIA DEPARTMENT OF INSURANCE. City of Cupertino ATTN: Burt Viskovich Current Address: Current Address: Telephone: Telephone: AFTER CLOSE: AFTER CLOSE: Address: Address: City/State/Zip: City/State/Zip: Page 2 of 2 of General Provisions ■NORTH AMERICAN TITLE ■COMPANY SUPPLEMENTAL INSTRUCTIONS REGARDING TAXES TO: NORTH AMERICAN TITLE COMPANY RE: ESCROW NO. 1401623 If any supplemental taxes are due and owing at the time of closing, you are to pay those amounts in full form the seller' s proceeds. If you are able to ascertain that those supplemental taxes affect the current fiscal year, you are to consider such supplemental amounts for prorations and adjust buyers and sellers prorations accordingly. All parties to this escrow understand that the property which is the subject of this transaction will be reassessed upon the change of ownership. The reassessment will generally be in the form of an increase in taxes based on the new property value. In addition, there may be supplemental taxes assessed against said property, either prior to or after the close of this escrow generated by the close of this escrow, and any recent change of ownership and/or document of record indicating a work of improvement to said property. The parties hereto relieve North American Title Company, Inc. , from any such reassessment or supplemental taxes if not made available by the County Tax Collector prior to close of escrow and we understand that no funds will be held in escrow for such purpose after the close of escrow. Buyer is aware that 1st installment of general taxes is due November 1st and if not paid by December 10th a penalty is assessed. Second installment is due February 1st and if not paid by April 10th a penalty is assessed. City of Cupertino ATTN: Burt Viskovich I All 502-AFRONt)-2-1 FOR iZECORDERS USE ONLY PRELIMINARY CHANGE OF OWNASHIP REPORT [To be completed by transferee(buyer)prior to transfer of subject property in accordance with Section 480.3 of the Revenue and Taxation Code.]A Preliminary Change of Ownership Report must be tiled with each conveyance in the County Recorder's office for the county where the property is located; this particular form may be used in all 58 counties of California TIIIS REPORT IS NOT A PUBLIC DOCUMENT SELLER/TRANSFEROR: Home Savings of America BUYER/TRANSFEREE: City of Cupertino ASSESSOR'S PARCEL NUMBER(S): 369-15-007 PROPERTY ADDRESS OR LOCATION: 10461 Miller Avenue PROPERTY ADDRESS OR LOCATION: Cupertino, CA 95014 MAIL TAX INFORMATION TO: Name: Address: ------------------------------------------------------ NOTICE: A lien for property taxes applies to your property on March 1 of each year for the taxes owing in the following fiscal year,July 1 through June 30. One-half of these taxes is due November 1, and one-half is due February 1. The first installment becomes delinquent on December 10,and the second installment becomes delinquent on April 10.One tax bill is mailed before November 1 to the owner of record. IF THIS TRANSFER OCCURS AFTER MARCH 1 AND ON OR BEFORE DECEMBER 31,YOU MAY BE RESPONSIBLE FOR THE SECOND INSTALLMENT OF TAXES DUE FEBRUARY 1. The property which you acquired may be subject to a supplemental assessment in an amount to be determined by the Santa Clara County Assessor. For further information on your supplemental roll obligation,please call the Santa Clara County Assessor at 408-299-2401 ----------------------------------------------- ---------------------------------------------------------- PART I: TRANSFER INFORMATION Please answer all questions. YES NO [ ] [ ] A. Is this transfer solely between husband and wife (Addition of a spouse,death of a spouse,divorce settlement,etc.)? [ ] ( ] B. Is this transaction only a correction of the name(s)of the person(s)holding title to the property(For example,a name change upon marriage)? [ ] [ ] C. Is this document recorded to create, terminate,or reconvey a lender's interest in the property? [ ] [ ] D. Is this transaction recorded only to create, terminate,or reconvey a security interest(e.g. cosigner)? [ J [ ] E. Is this document recorded to substitute a trustee under a deed of trust,mortgage,or other similar document? [ ] [ ] F. Did this transfer result in the creation of a joint tenancy in which the seller(transferor)remains as one of the joint tenants? [ ] [ ] G. Does this transfer return property to the person who created the joint tenancy(original transferor)? H. Is this transfer of property: [ ] [ ] 1. to a trust for the benefit of the grantor,or grantor's spouse? [ ] [ ] 2. to a trust revocable by the transferor? [ ] [ ] 3. to a trust from which the property reverts to the grantor within 12 years? [ ] [ ] I. If this property is subject to a lease, is the remaining lease term 35 years or more including written options? [ ] [ ] J. Is this a transfer from parents to children or from children to parents? [ ] [ ] K. Is this transaction to replace a principal residence by a person 55 years of age or older? ( ] [ ] L. Is this transaction to replace a principal residence by a person who is severely disabled as defined by Revenue and Code Section 69.5? If you checked yes to J, K, or L, an applicable claim form must be filed with the County Assessor. Please provide any other information that would help the Assessor to understand the nature of the transfer. IF YOU HAVE ANSWERED "YES" TO ANY OF THE ABOVE QUESTIONS EXCEPT J, K, OR L, PLEASE SIGN AND DATE, OTHERWISE COMPLETE BALANCE OF THE FORM. PART II: OTHER TRANSFER INFORMATION A. Date of transfer if other than recording date B. Type of transfer. Please check appropriate box. [ I Purchase [ ] Forclosure [ ] Gift [ ] Trade or Exchange [ ] Merger, Stock,or Partnership Acquisition [ ] Contract of Sale- Date of Contract [ J Inheritance- Date of Death ( ] Other: Please explain: [ ] Creation of Lease [ ] Assignment of a Lease [ ] Termination of a Lease Date lease began Original term in years(including written options) Remaining term in years(including written options) C. Was only a partial interest in the property transferred? [ ] Yes ( ] No If yes, indicate the percentage transferred %. SBE-ASD AH 502-A BACK 5-2-91 PRELIMINARY CHANGE OF OWNERSHIP REPORT Please answer,to the best of your knowledge,all applicable questions,sign and date. If a question does not apply, indicate with "N/A." PART III: PURCHASE PRICE AND TERMS OF SALE w A. CASH DOWN PAYMENT OR Value of Trade or Exchange (excluding closing costs) Amount$ B. FIRST DEED OF TRUST @ %interest for years.Pymts./Mo.=$ (Prin. &Int. only) Amount$ [ J FHA [ ] Fixed Rate ( ] New Loan [ ] Conventional [ ] Variable Rate [ ] Assumed Existing Loan Balance ( ] VA [ ] All inclusive D.T. ($ Wrapped) [ ] Bank or Savings& Loan [ ] Cal-Vet [ ] Loan Carried by Seller [ ] Finance Company Balloon Payment [ ] Yes [ ] No Due Date Amount $ C. SECOND DEED OF TRUST @ °/tari� interest for years. Pymts./Mo.= $ (Prin. & Int. only) Amount $ [ ] Bank or Savings& Loan [ ] xehate [ ] New Loan Loan Carried by Seller [ ] able Rate [ ] Assumed Existing Loan Balance Balloon Payment [ ] Yes [ ] No Due Date Amount$ D. OTIIER FINANCING: Is other financing involved not covered in(b)or(c)above? f ] Yes [ ]No Amount $ Type_@ % interest for years. Pymts./Mo._ $ (Prin. & Int. only) [ ] Bank or Savings& Loan [ ] Fixed Rate [ ]New Loan [ ] Loan Carried by Seller [ ] Variable Rate [ ] Assumed Existing Loan Balance Balloon Payment [ J Yes [ ] No Due Date Amount$ E. IMPROVEMENT BOND [ ] Yes [ ] No Outstanding Balance: Amount$ F. TOTAL PURCHASE PRICE (or acquisition price, if traded or exchanged, include real estate commission if paid.) Total Items A through E $ G. PROPERTY PURCHASED [ J Through a broker [ J Direct from seller [ ] Other(explain) If purchased through a broker, provide broker's name and phone number: Please explain any special terms or financing and any other information that would help the Assessor understand the purchase price and terms of sale. PART IV: PROPERTY INFORMATION A. IS PERSONAL PROPERTY INCLUDED IN PURCHASE PRICE (other than a mobilehome subject to local property tax)? [ J Yes [ ] No If yes,enter the value of the personal property included in the purchase price$ (Attached itemized list of personal property) B. IS THIS PROPERTY INTENDED AS YOUR PRINCIPAL RESIDENCE? [ ]Yes [ ]No If yes,enter date of occupancy / , 19 or intended occupancy / , 19 MOMH DAY MONfH DAY C. TYPE OF PROPERTY TRANSFERRED: [ ] Single-family residence [ ] Agricultural [ J Timeshare [ ] Multiple-family residence(no. of units: ) [ ] Co-op/Own-your-own [ ] Mobilehome [ ] Commercial/Industrial [ ] Condominium ) [ ] Unimproved lot [ ] Other(Description: D. DOES THE PROPERTY PRODUCE INCOME? [ ]Yes [ ] No E. IF TI-IE ANSWER TO QUESTION D IS YES, IS TI-II INCOME FROM: [ ] Lease/Rent [ ] Contract [ ] Mineral Rights [ ] Other- Explain: F. WHAT WAS THE CONDITION OF PROPERTY AT THE TIME OF SALE? [ ] Good [ ] Average [ ] Fair [ ] Poor Enter here,or on an attached sheet,any other information that would assist the Assessor in determining the value of the property such as the physical condition of the property,restrictions,etc. I certify that the foregoing is true, correct and complete to the best of my knowledge and belief. Signed Date NEW owr>E[vcokroxa're orelceR Please Print Name of New Owner/Corporate Officer Phone Number where you are available from 8:00 a.m. - 5:00 p.m.: ( ) (NOTE: The Assessor may contact you for further information) ----------------------------------------------------------------------------------------------------------------- If a document evidencing a change of ownership is presented to the recorder for recordation without the concurrent filing of a preliminary change of ownership report, the recorder may charge an additional recording fee of twenty dollars ($20). t.. . . .. . aJ'a 1/V r•a'a �l/rJ Vail a\L\ lUl+l�. 1aL .Llv i1 vV.. OLD REPUBLIC TITLE COMPANY 1+t 1900'r't-tE,ww►cnn • 5AN J0SE,C'%"LpIW1A - 951zG (408) 796 KEtWINARY REPORT Our order No. 427660 Issued for the sole use of: NpRTH AMERICAN *PITI,S Reference 1401623 10121 MILIER AVMMY #101 CUpERTTNO, California When Replying Please Contact: Attention: TEEtESAI i Property Address: 10461. MILLER AVF.LAIUS, Cupertino. California In response to the above referenced application for a policy of title insurance, OLD REPUBLIC 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 excluded uded fr y reason m any defect, ru s ant to the printed Schell les, lien or encumbrance not ShON-in Or referred to as ar. Exception below or Conditions and Stipulations of said policy forms. The printed Exceptions and Exclusions from the coverage df the policy avails or P lfrom the icies are set fQofficewhi rth in Exhibit A attached. Copies of the Policy forms should be Y a issued this report. d to bekyw and Ute exceptions and exclusions set forth in Please read the exsepdons shown or referre Exhibit A of this report carefully- The exceptions and exclusionremt to P andshould be rarc'fu�tly matters which are not covered under the terms of the titleinsurance po rY Considered. R is important to note that this preliminary report is not a written represenufion as to the condition of title and may not list all liens, defects, and encurnbranoes affecting title to the land_ This report (and any supplements or amendments hereto) is issued solely or if e purpose dsired that liability the issuance of a policy of title insurance and no liability is assumedY be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. Dated as of Oct bar z tri ,19 95 ,at 7:30 A.M- OLD REpt18LtC'rMjj(COMPANY I I For Exception Shown or Referred to,See Attached Page 1_oE 4 Pages ORT 3157-A(Rev.1-1-95) READ & APPROVED: The undersigned also declares that there are no other liens or °�`}( 1 (2 encumbrances affecting the property to the best of his/her knowledge. 11/14, 95 08:52 Yi408 244 2995 OLD REPUBLIC:/1'1'L I�IjUUY/UU:> OLD REPUBLIC TITLE COMPANY ORDER NO- 427660 The form of policy of title insurance contemplated by this report is: a CLTA Standard coverage - 1990, roan policy. A specific request should be made if another form or additional coverage is desired. The estate or interest in the land hereinafter described or referred to covered by this Report is: a Fm- Title m-Title to said estate or interest at the date hereof is vested in: HOM SAVINGS OF AMMICAr FSB pagp— 2 of 4 Pages ORT 3157-A1 (Rev 1-1-95) _L I/ x9; UL VU.SIG u•lU0 QL.L' 11. .i U"A,I�• xxx. �.. .•, .,. OLD REPUBLIC TITLE COMPANY ORDEK NO. 427660 The land referred to in this Report is situated in the County of Santa Clara, State of California,and is described as follows: LOT 82, as deliDeated upon that certain Map entitled -TRACT NO. 1343 CASA DEL SOL No. 2", filed for record in the Office of the Recorder of the County Of Santa Clara, State of California, on Februa=X 15th, 1955 in Book 54 of 1+IapS, at Page 42 and 43. 369-1a-007 63006 amltrlcc A371--1.0-20 Page-3 of�Pages ORT 3157-C OLD REFUBLIC TITIlE COMPANY ORDER NO. 427660 At the date hereof exceptions to coverage in addition to the Exceptions and Exclusions in said policy form would be as follows: payable 1. Taxes for the fiscal year 199 596: A LiCodeb�o.not630Q6due or p p Bill No. : 369-15-007 First Ipstallnent $328.16 Second Installment. $326.16 tax exemption 4f_ NDN13 The above installments include a property 2. The Lien of supplemental taxes, if any, assessed pur$uant to the provisions of section 75, et seq., of the Revenue and Taxation Code of the State of California. 3. An easement affecting that portion of said land and for the purposes stated herein and incidental purposes as shown on the filed Map. For - public Utility Easement Af fects Northerly 5 feet and Westerly 5 feet 4- Covenants, Conditions and Restrictions, which do not contain express provisions for forfeiture or reversion of title in the event of violation, but deleting restrictions, if any, based ori race, color, religion or national origin, as Provided in an inStrument Recorded February 17th, 1955 in Hook 3089 of official Records, Page 274 Said Covenaotsp Conditions and Restrictions providethat ae violation r DeedQthereof shall xnat defeat or render invalid the lien of any made in good faith and for value. ------- ------ informational. Notes ------------------- 1. The last recorded instrument($) conveying record title to the premises is/are; y SERRANt7 RECOAN� COMPANY to H+01� SAVINGS OF AMb�-ICA. FSB, A need executed b recorded July 319t, 1995 in Book N940 of official Records, Page Z14B Mhe last conveyance affecting said land recorded within the last two years, prior to the date of this Report are:SEE ABOVE 2. The vestee mailing address is: 10461 iMLER AVEHUR, CUPIMTINO, CA 95014, r-1 N71T� 1-ase-4 of Pages ORT 3157-D i TRACT N2 ra-43 -j C 1N SANTA CLARA trOS1MTY _ It yyt. r_ —.-Lilytri(i!Jsr l7,T ''ntliiitt�'Inillurfl. - '_ `_ _ - Bang a�vs+lve a/ hrt 3 _ • :� .• - - ... _ . . • of /M .randrrsrrA7 0l thr proFrrty aj _ •, - ,. t?fiD79er• bniv� rhita "ds ,-TfKVM*dhrroCfirtfCm+eHanprlri • - - - A*-)serr ,544 .. onnwh :l6Trr,�,+iseampiledfraoytiprrvvp�el - + ' �Y'o baiilw le be cvrretr,HO 6a6inry11 ` Y�rsr/lldmeP- tYr9.lrq{tbserr nnuiaed br Nrswmpagy as toLn �E�'oorf�earq C .13 77 y'I .:Kff,t fMh iG fastt•re� E' f'�^y✓i.�I ,' —. It CA"E -,'.-�n ;;.,.�!"�. p /.�.'.--.: i� •1 i 39'4 r .: : t,ee.x lry,',yf}3i � fiSy.�.. ,,, I �[~ •r�9 {T( i rr WON—, K4r.F :i I it r,:-me hr _wi '3• d.•X.Say.64 is J6 #I 7'�ir��5�1� - '� J8 --N taro C.,:wl1 loran+. wW haTw vs r•'s ti A •tY� e.• :rr,Y .r ay.,.ajp. .A.w DOW AbA 1 p'J b �y `i ft Sn V,,.,\•; ; (:i ,,n,.i•a. i rcuwW .re rlaw. e:ti. 'v- I ..+: 'i sf.M p„�l it 1: i1 ".S9rt f"•.;: S•' _ yT, •��i EZ _ \ _ t er r�r a d a Nr� rrd ii ALi Ra^ T9 0 - JAWi h 1 it r•- ��_~ ;'.aw •..vseevwM nl Iy fSY rams) F' �.... _ �! it a�} n ' + i•+r• Vii' :. 4$ UJ >` sol J � 3L ! _ 4 'r� ..ra,n. •--y`y"�� , -- It i Fv �, is AC f' is�fl,` .i. S tof � . ...•. •-• �-; �9IL l.1Yf�r �sFani: j•�+iLER ,44'r_'s2:?J .�...�..,. - ---z ...r I All h'.7basw 1:rdvVw:+�On -•.r.,l b r_,.r w�1..ti - •—. '— -�'+ — --- ._-- -- Z . LE - - C L r C C FILL No. COD 11/10 '95 11:28 Ill:IW_ SWIt4U,; OF fll*lLRIC() 'llui 428 :J20U- -rION RVORT W0013 OESTROYING PESTS AND ORGANISMS INSPIEC This Is an Inspection report only — not a Notice of Completion A0QRF_SS OF PROPEWY INSPECTC0 _____ ..-1 - -, - - 1 —1"I&P QUILM �'fi. I NO STREET v 11111., 10461 Mil IL-r. Avenuw I COOP ['IdKK� __43 _ 10/31/95 1_7 Affix stamp hon an B"m copy orill A TERMITE C0NTH0L A LICENSED REST CONTRUI& It OPFRATOR IS AN EXPERT IN HISMER FIFLV. ANY QUESTION:F,0, BOX 1262 HELATIVE TO Till$REPORT BWULf, SAN MATEO, CA 94401 (415) 347.9512 FAX (416) 34:1-1436 BF REFFARE0 M HIM)HEA. STAMP N .)/Ito llun PR 17inal 95-69b PscHni WRDEMO by: ChrIa 11apkina. Hopkirto & Co., 4.546 Crifflilia V0,11 Ott, Lotj Afto" 94022 -EPORT SENT TO: Sams ROP91'ITY OWNER View 94040'* ` carne ARTY IN iNir!Rrt6T- 0MOINAL REPORT LIMITED HIVIFORT LJ SUPPLEMENTAL REP ...... .... ji 'i U UNI: S'WRY WOODS11.W11) OWL1.0C r 0FW8A1.ft5VH1FTK)N;_ r A A A 12 X H C y IN U V P T L e VW 0 0 fl W H T 0 9 He 0 a W 0 - y L P 0 O ' �J Q 0 L r n a a 0 A t a C it c i: L) 0 F 5 A A TtiA (% ni' a WMK 1hilf'917FION TAG POOFED. f, y C: H 0 E a JB tigM U M 0 ortleft"OPF.UTIDN UG5. C I T it a it %p I UT Ila A A I I 1.SUBSTRUCTUnE AftA DRY PARTIALLY ACCESSIDLE. SEE #]Aiilitlb ---T'V-1 4�L R.'Vf&l.SHOWEn NONE 3. FOUNDATIONS CONCRETE ABUVIv GItr1I-)V 47F;5F1CHE6— kirt-EPSCONULT1.1 f 4. VENTILATION A D 'I UAU 6. ABUTMENTS NONE 1. ATTIC 8PAOF-8 NONE 8. QAi+�IiS ATTACHED B. DIECKS—PATIOS 9A CONCRETE 6 0. OTHEn—wFimioa SEE #10A 1. Q`IHI!H— EXTE(ifOR t J t JIAGHAM AND EXPLANATION OF FINDINGS(111mi fk:pol, 14 I'MAUk' filit)W11 01'.I 01filyt is followiliq areas were clot Inspected,as Indloatell in Soolos) Of 19(11),p4fd�lrapi,(1)of the sluirlu(iiii Pwsl Coni(ol Act anti Huiati ants Kboula- ins: Furnished Interiors,inacceealble aillos,insulated attics, and porlions thereof;the interior al hollow walls;spaces between a floor orporoh ick and the calling or saftit below; stall showers over fln1uhad callingti; such structural segments a&purto covharou, enclosed bay Windows, stresses and similar areas to which there 16 no accors without defacing or loaring out lumber, inafinnry acid linlahed work, buil(411 cabinet irk; Moore bane lith coverings, areas where storage conditions or IuCks tiltakfit irispileflo(I 1111pructiClibldf separate report has boon requested which is aslined In Secliml I ti SK-1101, 11 'X11"(111111,1111ii Ov'(14111t on 11110 vale 01 inspection.section I containg mu where there is ayidence tel active Infestation,injection of cowsilint-Mitt have iostmitti in ar frodo iniosialian or injection.Section 11 Home, i coodflianiii deemed likely to load 10 infestation uf infecliwi 111.11 Wiliji'il )11) ViSifilk)UVILIWIC0 at tILIC-11 was round. FUlner inopeolon Items-are fined an recommendations to inspect aram(s)which during the original 111spocilUsi(lid not allow lho inspoutui aucesis to complete his Inspeollort, d cannot be deflned no Section I or Section 11. E 00 NOT INSPECT ROOF COVEN11,1108, LA. Portions ni7 Lite uubGtruCLur(! undftr Cliv. Inua.La r hallo wur� itkaucut4o.i.6it! fur Irtupwal-lusi, due to no access. #IA on diagram. RECOMMENDATION: Should any further Information be desired, further Inspection can he ptitrforiciett upon rairluest and ar an addl-Liol"Al cllarAt-- 1B. Fongus infecLed wumiscrall Oil the dubarea tiuriAc."- )ills ull RECOW11INDATIONi 11amove all woodscrap and aarl. away. y..... C.L. C,U 14N IL Mated b1.0cif11yi No %44��KA, 1'. S tril=rl.l 1110 4.1 1 OVIIIIIII-11houp, ho Id 1U Wft AVk MW;CA g NAL Z"444 1 lLa._ Ir.. ...... .a i. a . ♦1-L.� aa."1 i.._.._ .,i 1'•.a .�. .,. ..i.., a .,.. i. .. ..... SICOND PAOS OF BTANDARD tNBPECTION REPORT ON THE PROPERTY LorAYNO AT: Jiddrees ul Properly 10461 llil.lur AVuuuc Lupextino eldg. No. Sheol CIIY 27407027 ...,_..,._._W/31/95 elomp No. pals of Inavocllon 1C. Fv1dQnce of drywood Lermite Lateen:tion 11L)Le l to uubecructure wood members. Infestation extends into closed, triaccessibl e wall areas and Wu" 0100 evident in the roof eaves. p1C on diagram. RECOMMENDATION: Gas treat, fulniguto rile u;ILlre structure for the complete aradication of the drywood tef11►itc: Liri'e:,trlt i.on, ('aver trnd/or ntnsk over accessible drywood termite pellet&. DRCKs AND PATIOS 4A. The underside of the: right rear redwood deck was inace.ousibl.e fut. inaijection dua to illadequaC6 ele"rari llu. No ourwar'd vv:ldcgcLe Of i.►rfestaLiun csr infeet1011 wau pr-uSUTAL frolu t.ht: Lop purt:lunbc aL t;tr►ri t imu. 1�9A uu klic►4ruh►. RRCOKKKNI)XVTON: Should any further infurnmG tun be detiired, furtilvr i.nspaction can be performed upon request and at an udditiunal chnrge. OTHER '4DI ERY.OR 10A. Snnx3 mointure sralne were r1i c6d ells the tnr.vr.tur L iuriut which allp�nr Ia be caused from possible luuka6oti fruit] thu v4ut 4ullar at 4ltu 1tuaLer arou. 010A oil diagram. 1 RECOMM!'sNDATION: Sul;gasL incereated parries consult with a rocking company for any further rLlc onmund0tiuna. OTHER > XTER1UR 11A. Fungus and drywood termite damage nott--cl to 2 x b oubtluorirlg at the left rear portions of the structure as a result: of direct exposure to tho elements. This area appoore to be missing a trip► piece bulow this dcsur gill and/or threshold. B11A on diagraru. RECOMMENDATION: Remove 010 di-Imal;uil laurtloi► tui' L.Ile suliateur in this area and replace with new treated matorialK. tnstal.l a picee of. 4 Inch trim alarte, the base of tho door to eliminate exposure to the U16111enLti, No painting; or sLalning is included in this outimate. 110. Minor drywood termite, dclural,u noted to tllj-- root raltei al, t.hu riga rear portion& of tht- -,it ructure nr}rl t.lru .r►et.ri};wur clL Lilo Lett trunL IxorLiuu:; Uf rhe utructure. $1113 on diagram. RECOMMENDA`1:TON: Repair this damaged outrigger and rafter ou neceasary with wood filler and prime paint exposed areae onto coat. YgAli.gutiun for this infestation will be performed during the cuurtle of ituni flit; above, 11C. 'rhe plaitteru at the front of tlx: utru�l-ui-cs wore naiad to uo filled with soil - Which 1.5 .1.1-1 coilc"::t vith the j:rl' hl- •.tt-11ott,-r.. No im►iward avidanct; of dacnagu or 1.1►fe6rallitan wcsb ou►.e.i «lit , rt.tiu1.L ul 111is COTI111t.1.u11. #11G Ori dll3tgrAM- RECOMMENDATION; Suggest interested parties lower the soil. grade in future gardening. I L.L I'A,,) L+ I U til.,,+ I I-oV L L'I ILA L .)r 14 11•Il+_+ UI 1 II ILA L'..1 1 SECOND PAGE OF STANDARD INSPECTION REPORT ON THE PROPERTY LOCATED AT: Addreaa of Property 1Q/141 P11ll.rt r1vL+num ('1+p�rCino Inspected ___ .. .._�W .,..._... ...:. .._ __�.. �..._... .. - Blep. No. �Slrlrel City 2740702'T 10131/ Stamp No. Date of inspection I SECTION I, ITEMS 4 lB, 1C,1 LA,1 113 I SECTION II, ITEMS # 98,LOA,11C FURTHER INSI'1:CT10K, MKS 0 ih,9A ` 1.. 16 r... 10A /N I ti, I z16 - -ems-•- -- 11 G� 1/C I I LL NU. V:,PJ il)-111". ;AVJIIJU-j U1 HlILP:il.vl Iti'-" 4LO -L-U i HUI- 1.1 R Termite Control to hereby authorized Lo pt:rfuriit Cite fo.11tiwing LLpulrki to t0461 Miller Ave., qt4portino. as recaffimanded In Standard StruCtIll-411 tlust Gunt.rol NO. 95-696 kor Llii- Cost of work recommended 4a outlined in ftenl(S) T- is $17N.00 ITEM #Ifi-$90. fTEM 11IC4146. ITJ-M #11A-$160. ITEM 0118-$60. If all iteinti, are not performed under CIU6 40ljCj.-aCt:, lWiVU6 01i iJl(1.i-V4dUUJ. iteJ110 Play Change. Doe to Continual C.-ttkages ill cues. 014!A jjj:jk:e qUotItLiull tit; to V0VieW after 60 days. COBT OF RE-TNSPECTTON FOR REPAIRS 'BY OTHERS (145.00 ) pitp Rainapectiona muin be ordered prior to 4 juul:ttj,iN from thr diiLo ul: i-111allLai ColJort. It is understood that those recommenciaLif)JIS aftl bUStid Oil vialbly determined by surface examination. 'Vitis agrokUlIvIlL c'-.0vL4IA Dill.), the Wurk reL..'JIU1101)(ted above. A b R Termite Control agroaa to furniah building permits. hAotir and materials, auberintracrors and companaarion Inuurnnuu to eouiplute attly the relpalra as outlined herein. All repairs completed by this aoiiiptloy ure gunriintevd 1'0117 1 YOUtt' frofil tile date Of completion. Caulking of eneJomurow arid r-avtthlg of LuiJL-1-�i 417&: gkkllL-'UlkCeL-d for 30 days only. Any plumbing repairs that become evident during the courat- tif repaireby thju company. will only be performe4 tar a441tlonal enlist unlevs orhurwitiLt umcline-d Ill our report. If work in addttton to ttiat reeviviiendod 1-,; di:w--iiidod h4 Lh.: CjklllLy bl.lildill& Inapectors, such work will not be performed pursmint, to tills A & R Termite Control willo if Josixed, tiullka a qtjotut-lon foi t:ht! of such work and the work shall be completed kinder a at-parato 40nLrHCt: aod kit- addirlonal charge. The undersigned agrees that payment for the otjt1j.l)ed repalru, if field In escrow, will be released to A & R Termite Control upoit tasutinee of a Nol,jue of completion. Tf not held in escrow, payment will bv made imiedtaLely fv1.h)wiog fsbuaiiiu of NoLlca of Completion. fiv the event paynkenl in tutl io not rvu%sived wi.diio i .) Juyti after completion of work, a late charge of 01 per 11JUntiL I'Jt tilt, ijupuits b.ilance may be a411ed. If any parry to this agreement reaarra to a legal act,-Loii ui- arbitration to enforce 4ny provision of thin agreement, the prevailing party ultaH lei, entitled to revoVer reasonable attorneys fees in addition to any otiter relict CL) %,jjjCj% the Prevailing party may be entitled. SELLER or OWNER DATV A & R Termite Control NOTICE' TO PAYUH: P.O. Box 1262 Uudev tile Meciinlitt-,6 Lien Law (Calif. Code San Mari�o, CA 94404 ji civil suct-ton 1181), any (415) 347-9514 C011CULICULAL', laborer, Stara Licenae #VX 0581 uupplier or outer person who helpa to improve your property but to not paid for hie work or huppliet., has the right to enforve Li 1a lilt amainut your property. ,rijis raeal-in that after a court hearing, your property mould be sold by a court officer and the pro—ada of the sale used to ijittLtify the indebtedness. This can happan even it you have paid your om coi)cranror in full It the subcontractor, Lahurer or bujlp1iQ-r romuina unpaid. ■NORTH AMERICAN ESCROW NO. 1401623 rTITLE MCOMPANY NOTICE OF WITHHOLDING REQUIREMENT In accordance with Section 18662 of the Revenue and Taxation Code, a buyer may be required to withhold an amount equal to 3-1/3 percent of the sales price, in the case of a disposition of California real property interest by either: (1) A seller who is an individual with a last known street address outside of California or when the disbursement instructions authorize the proceeds to be sent to a financial intermediary of the seller, OR (2) A corporate seller which has no permanent place of business in California. For failure to withhold, Section 18668 of the California Revenue and Taxation Code provides that the buyer may become subject to a penalty in the amount equal to the greater of 10 percent of the amount required to be withheld or five hundred dollars ($500.00) . However, notwithstanding any other provision included in the California statutes referenced in Section 18668, no buyer will be required to withhold if: (1) The sales price of the California real property conveyed does not exceed one hundred thousand dollars ($100, 000.00) , OR (2) The seller executed a written certificate, under penalty of perjury, certifying that the seller is a resident of California, or if a corporation, has a permanent place of business in California OR (3) The seller, who is an individual, executes a written certificate under penalty of perjury, that the California real property being conveyed is the seller' s principal residence (as defined in Section 1034 of the Internal Revenue Code) . The Seller is subject to penalty for knowingly filing a fraudulent certificate for the purpose of avoiding the withholding requirement. The California statutes referenced in Section 18668 include provisions which authorize the Franchise Tax Board to grant reduced withholding and waivers from withholding on a case-by-case basis. In the event the buyer requires the withholding of 3-1/316 of sales price from the seller' s proceeds, the buyer is required to file copy A of form FTB 597 with the Franchise Tax Board along with the witholding amount due no later than the 20th day of the month following the month in which the withholding occured, unless the seller has requested a waiver. If the seller has requested a waiver, the Franchise Tax Board within 45 days, will either authorize a reduced amount, or no amount, or deny the request, at which time the amount withheld along with a copy A of form FTB 597 must be sent to the Franchise Tax Board at the following address: Franchise Tax Board P. O. Box 942867 Sacramento, CA 94267-0001 (916) 369-4900 Buyer and seller acknowledge receipt of this notice. IF YOU HAVE QUESTIONS, CONTACT YOUR TAX ADVISOR OR AN ATTORNEY OR THE FRANCHISE TAX BOARD. Date: BUYER: SELLER: City of Cupertino Home Savings of America ATTN: Burt Viskovich Kristin Lynn Spindt %■NORTH AMERICAN TITLE ■COMPANY STATEMENT REGARDING INSPECTIONS TO: NORTH AMERICAN TITLE COMPANY, INC. Escrow Number: 1401623 10121 Miller Avenue Suite 101 Date: November 10, 1995 Cupertino, CA 95014 RE: 10461 Miller Avenue ATTN: Teresa Woest Cupertino, CA 95014 The undersigned purchaser hereby agree the property, which is the subject of this escrow, is being purchased in its present physical "as-is" condition. Repairs, if any, will be completed at the purchaser' s sole option and expense outside this escrow. Date: Date: Home Savings of America, FSB City of Cupertino By: By: its its ■NORTH AMERICAN TITLE ■COMPANY TO: NORTH AMERICAN TITLE COMPANY, INC. RE: ESCROW NO. 1401623 PROPERTY: 10461 Miller Avenue Cupertino, CA 95014 DATE: November 15, 1995 With regard to the "PURCHASE AGREEMENT AND DEPOSIT RECEIPT" : Delivered to escrow by: Home Savings of America Dated: 11/9/95 By and Between Seller: HOME SAVINGS OF AMERICA Buyer: City of Cupertino You are not to be concerned with any matter contained therein. The escrow instructions to which this addendum is attached and any other addendum thereto shall constitute your sole escrow instructions. Home Savings of America City of Cupertino Kristin Lynn Spindt ATTN: Burt Viskovich DATE: DATE: COUNTER OFFER TEAS IS WT oFD To BE A lEQALLY BINDING AQREF.MENT.READ fY CAREFULLY. This Is a counter offer to the Real Estate Purchase Contract and Receipt for Deposit, dated 11-09-95, on property known as 10481 Miller Avenue. Cupertirw. CA in which The City of Cupertino is referred to as Buyer and Home Savings of America, FSB is referred to as Seller. Seller accepts all of the terms and conditions in the above designated agreement with the following changes or amendments: 1. Purchase price to be $214,000.00 2. Offer is all cash. Close of escrow to be on or before November 17, 1995, 3. Buyers to open escrow with North American Title. Contact Teresa M. Woent. Ph (4081-973-9586.Address: 10121 Miller Avenue, #101, Cuportino.Rranrh 56$0.14 6, Buyer Is allowed 6 working days from acceptance of contract to approve preliminary title report. A. Item (s) #8A.8, 11A,U,C,14,end 15 are to be deleted from the purchase contract. S. Buyers to transfer all utilities Into their name at the time of the close of escrow. B. Buyer$to execute tenders 2 page "as is" addendum. 7.Kristin Spindt Is an employee of Hunte Savings of America, FSH signing on behalf of the Seller, and is also a heal Estate 11roker licensed In the State of CAMOMis. e. Buyer has received Report from A S R Termite control dated 10131196. The Salle( reserves the right to continue to offer the heroin described property for Salo and accept any offer acceptable to Seiler at Anytime prior to the personal receipt by Seller or Seller Only, Seller's authorized agent, of a copy of this counter offer, duty accepted and signed by the Buyer. Unless this counter offer is Accepted In this manner on or before November 14, 1995 at 4:OOPM, It shall be doomed revoked and deposit shall be returned to the Buyer. Seller's acceptance of another offer shall revoke this counter offer. Recelpt of a copy hereof is hereby acknowledged. SUH,fEGT TO SELLER'S ADDENDUM Dated: 11-09-95 Seller: HOME SAVINGS OF AMERICA, FSB Time: 10:20 AM Seller ay: --- ristin Spindt The undersigned Buyer hereby accepts the above counter offer, or The undersigned Buyer hereby accepts the above counter offer with the following changes or amendments: Unless the above is accepted on or before at-AM1PM, it shall be deemed revoked. Rwcqipt of a copy hereof is hereby acknowledged. Dated -Is-- Buyer Time Buyer Receipt of signed copy on , 19 at AM/PM, by Seller _ 11nM1aAl or Seller's authorized agent is acknowledged, llaitiala) Seller accepts Huyer's changes or amendments to Seller's counter offer and agrees to sell on the above terms and conditions. Dated 19 Seller Time Seller (oouiMa allow 11111125 11. IXJ .iIL1L .JIk,11'4-,-, U1 10ILl.i� 'tiv �_ •.... HOME SAVINGS OF AMERICA ADDENDUM This is an addendum to the Ot'fer to Purchase Agreement and Deposit Receipt dated 11109 . of 1995,on Real Property known as:—l0461 Miller Avenue,Cupertino,CA in which 7lwu City of Cupertino is/are referred to as BUYER(s), and HOME SAVINGS OF AMERICA,V8.I1. is referred to as SELLER. L Buyer must apply for loan within five (5) days of Seller's aco;ptonce of Buyer's offer. In the event fiuyer selects it lender Cather than Horne Savings, 11uyer may concurrently submit a back-up lOall application to Home Savings, including therewith a copy of all materials provided by Buyer to its selected lender. The purpose of this back-up application is to enable Buyer, if it so cho oscs,to elect to pursue a loan a1►plication with Hoax:Savings in the event Buyer's application with its selected leader is denied,therby jeopardising the closing of racrow. No application or other fees,if arty,shall be payable by Buyer to Home Savings in connection with such back-up application until dome Savings is notified by Buyer that Buyer has elected to pursue the back-up application, Nothing contained herein shall tau interpreted as requiring Buyer to obtain a ban from Horne Savings,even in the event that Buyer's loan application is denied by its selected lender. Buyer understands that it always has the right to file a Joan application with a third lender, but Buyer acktxawledges that such praceas nuwy cause the term of the escrow to expire prior to the approval of Ituyees Josh application, and that Seller has no obligation to extend the term of the escrow. Buyer fiuther agrm to submit to sulectecl lender within said five (5) days, copies of Buyers previous two year's tax reaurns and/or profit and loss statements, all 'W-2 statements,current pay stubs, current deposits and account information as required by Lender, and to provide Seller a copy of l endees credit report and written loan approval within seven (7) working days. SELLER RESERVES 111E RIQI IT TO CANCEL ESCROW AND AGREEMENT IF THESE TERMS HAVE,NOT BEEN INET AND SATISFIED BY BUYER.. BUYER FUR niBR AUREI3S TO SIGN AND RnURN FSCROW INSTRUC'fmS WITHIN FIVII (5) DAYS OF RECIflfrf OR SELLER MAY CANCEL,THIS CONTRACT AND AGUEMENT. 2. Escrow company to be approved by Seller. 3, Unless Buyer pays for titlu work performed by Buyer's selected title company. titin work to be at location of Seller's choice. 4. Buyer is aware that Seller has acquired the subject property through foreclosure, and has not resided therein,and is exempt from furnishing Buyer with a Real Estate Transfer disclosure Statement. 3. Buyer agrees to pay all his own costs in obtaining said loan,as required by lender. 6. Any work required by FHA or VA,if applicable,is subject to Seller's approval. T Buyer is aware and further agrees, that tlx:ccampletion of this transacti(m and close of escrow is NOT CONTINOBNT UPON any subscyuent walk through inspections by Buyer, S. Notwithstanding any other representation contained herein or in any other document pertaining to the purchase and sale of the subject real property the Buyer accepts, agrees with and acknowledges the following: a. P umb&rQfT10_VMVAQAe "As e Buyer if fully aware that Seller has acquired the subject property through non judicial foreclosure sale and that Seller foss not resided therein. As such, Buyer understands that, under Civil Code Section 11.02.1(c), Seller is exempt from providing a Real EstntcTranster Disclosure Statement. Buyer freely acknowledges that Buyer understan& tliat Seller has made no inspections to deteamure the uonditiort if tfwe property, nor any inwpn;avemetwts thereon. Buyer understands and agrees that Buyer is purchasing the property in its present, ASAS-condition. Buyer acknowledges that Buyer is fully aware of the present condition of that property, or has had the opportunity to make any and all inspactioux,but has waived the right to so insprct. Buyer expressly 44now10 dges that Seller makes NO WARRANTIES OF ANY KIND. express or implied, including, but not limited to, warranties eonccruing the general structure, plumbing, heating, or electrical systems, 1 ♦l..l_ Iv.. u.... 1.1. \ _ _ .Ll'tel 4L`1 ll l_ .:I I•.ll'r. .. 1-r1 I II 1._I'....I I Il.. r._.. ._._ •.••.. built-in appliaiWAX, roof, soils, fcxuidation, sewer lines, mechanical systems, air axulitionitig, pools,or spa, if any, possible environmental hazards such as asbestus, fonnaldebydo, radon gas, and other substances/products,earthquake,damage,soil erosion,slippage, improper drainage, filled or improperly compacted sail or undo;rground water. Seller makes no representations or warranties as to the existence or absence of any pest infestation. in addition, Seller makes no reprexentations or warranties with respect to the use, condition, occupation or management of the property, compliance with applicable statutes, laws, ocxlcs, ordinances,regulations or rrsquirements relating to leasing, Zoning, subdivisitun, planning, building, fire, safety, health or environmental inatto:rs, cu,ripliance with convenants, conditions and restrictions (whether or not of record), other local, rmuucipal, regional, state or ftxloral requirements, or other statutes, laws, codes, ordinances, regulations or requirements. Unless expressly agrccd to by Seller,in writing.Buyer understands and agrees that Seller is NOT irequired to make any inspections or repairs of any kind whatsoever. Thus provision shall control notwithstanding any contrary provisions in Buyer's Offer, Seller's Iaitial Buyer's Initial k - b. Within five (5)days after Seller has notified Buyer that Seller has accepted Huyer's offer, Buyer may,at his/her option and his/her sole cost and expense, conduct arty inspection desired and obtain report of such inspectiotis with regard to the condition of the property. c. Unless Buyer notifies Seller in writing within the five (5) day inspection period of any repair that Buyer desires as a condition w hisihter purchase of the property based upon the infionnalion contained in his/ber reports. Buyer is deemed to have waived the riglit to so request such repaim and Buyer will thea be deemed to have accepted the property in its present existing eoruhition. Seller is under no obligation to make any or all of the repairs requested by Buyer. If Seller and Buyer are unable to Agree within ton (10) days after Buyers notice to Seller on the repairs to be made,then the Agreement between Buyer and Seller for Buyers purchase of tho Property shall be deemed terminated_ 9, Buyer acknowledged that persons acting on behalf of Seller are not authorized to make any representation, agracamt,warranty,quamntft, or promise regarding the subject property except as may he expressly set forth and contained herein, and that any such statement shall not be valid or binding on Seller. Buyer further acknowledges that no person has made any statement or representation ns dmired herein. 10. There are no assignees or nominees as a part of this transaction. 11. Buyers aro aware subject property is on a master key system. it is buyers responsibility to rckey property upon close of escrow or transfer of deed as is applicable for your area. . � ,The un4cmigrW hereby agree to the t+arms and conditions set forth above,and acknowledge receipt of a copy, DATED: DATED; - - - -- ROME SAVINGS OF AMERICA,FSB BUYER BY: Hyl _ .,.VA01 A REAL ESTATE PURCHASE CONTRACT AND RECEIPT FOR DEPOSIT THIS IS MORE THAN A RECEIPT FOR MONEY.IT IS INTENDED TO BE A LEGALLY BINDING CONTRACT.READ IT CAREFULLY, CALIFORNIA ASSOCIATION OF REALTORS® (C.A.R.)STANDARD FORM (FOR USE WITH ONE—TO—FOUR FAMILY RESIDENTIAL PROPERTY) w DATE: 19�S at / -__ �"'� California, _ -. RECEIVED FROM --_-- QY -}- 4 ("Buyer") A DEPOSIT OF — (�� -- _ __ Dollars$___ TOWARD THE PURCHASE PRICE OF lfQ Ute►1L dd!(,L�t-<- — ---_ —_ Dollars$ . dQ a_ FOR PURCHASE OF PROPERTY SITUATED IN _ COUNTY OF_+QRnJ r, California, DESCRIBED AS rKj{l� L�--� -- --- („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:) ❑ (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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ PAYABLE TO — — _— -- —. shall be deposited ❑ with Escrow Holder, ❑ into Broker's trust account,or ❑ by Personal Check,(o if checked:)11 Cashier's Check, El Cash,or ❑ —. TO BE HELD UNCASHED UNTIL the next business day after acceptance of the offer,or ❑ C. INCREASED DEPOSIT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ within days from acceptance of the offer,shall be deposited ❑ with Escrow Holder, ❑ into Broker's trust account, or ❑ T D. BALANCE OF DOWN PAYMENT . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ _ to be deposited with Escrow Holder within sufficient time to close escrow. E. FIRST LOAN IN THE AMOUNT OF . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ❑ 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 . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ❑ 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. . . . . . . . . . . . . . . . . . . . . . . . -2-4 Lydd 1. 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:) (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. — t(�l!{ OTHER: THIS IS AN ALL CASH OFFER,Buyer shall,within 5(orA IQ__)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 ❑ )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: (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?THE t of copy of this page,which cons titu s P 1 of _ ... _ -_Pages. Buyer's Initials _ ) (_ ) Seller's Initials __—) THIS STANDARDIZED DOCUMENT HAS BEEN APPROVED CALIFORNIA ASSOCIATION OF REALTORS` (C.A.R.)IN FORM ONLY.NO REPRESENTATION IS MADE AS TO THE APPROVAL OF THE FORM OF ANY SUPPLEMENTS NORENTLY PUBLISHED BY C.A.R.OR THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION.IT SHOULD NOT BE USED WITH EXTENSIVE RIDERS OR ADDITIONS. AREAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS.IF YOU DESIRE LEGAL OR TAX ADVICE,CONSULT AN APPROPRIATE PROFESSI AL. The copyright laws of the United Slates(17 U.S.Code)forbid the unauthorized OFFICE USE ONLY reproduction of this form by any means including facsimile or computerized formals. Copyright©1993,1994,CALIFORNIA ASSOCIATION OF REALTORS,. Reviewed by Broker or Designee -�.. 525 South Virgil Avenue,Los Angeles,California 90020 r°uunouax° REVISED 8/94 Dale_.-__. _____._— aPPOKFUN1TY -- Property Address: A4 _ _ __ ---_-_---_- _-_ _ _. __--_______- - 19 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 U __ 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 OF THE BORROWER AND LENDER. READ ALL LOAN DOCUMENTS CAREFULLY. O. ADDITIONAL SELLER FINANCING TERMS: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 or entity shall,if requested by Seller,submit to Seller the same documentation as required for the original named Buyer.Seiler 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. ,,�� n'_ 2. ESCROW: Escrow shall close 9 within_10—days from acceptance of the offer,or �on_ Q � I✓� �. ._--, 19_ �2�..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_______--__`Y __ ��� �- �1��..----------------- ------ the designated Escrow Holder, ❑ within__ days after acceptance of the offer, ❑ at least -days before close of escrow, El or Escrow fee to be paid as follows: �CL)Stn f it _—_—_— ___ __ _—— 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 hereby jointly 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 encumbrances,easements,restrictions,rights,conditions,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 2BA(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 2BA(2),whichever is later. D. Buyer shall be provided a California Land Title Association(CLTA)owner's policy issued by___ 1_1 _. r Company, at ---_ _ ��� 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 every item 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 a joint 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,interest,rents,Homeowners'Association regular dues and regular assessments,premiums on insurance assumed by Buyer,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 PAID CURRENT and prorated between Buyer and Seller as of the date of close of escrow,with payments that are not yet due to be assumed by Buyer WITHOUT CREDIT toward the purchase price,(or if checked:/) ❑ C. County transfer tax or transfer fee shall be paid by City transfer tax or transfer fee shall be paid by Homeowners'Association transfer fee shall be paid by 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 I UED AFTER CLOSE OF ESCROW SHALL BE HANDLED DIRECTLY BETWEEN BUYER AND SELLER. Buyer and Seller acknowle r eipt of copy of this page,which constitu age 2 of Pages. OFFICE USE ONLY Buyer's Initials ( _ ) (_. ) Seller's Initials (_._._ ) (_ ___.) Reviewed by Broker or Designee FOWL HOUSING Date -._ .._...- _ _ OPPORTUNITY n LIFT( ){<f__I ilt"7 (,C)PY WRFEB 95 Property Address: /1� —___-- --- —_ _----- , 19____—. 5. OCCUPANCY: Buyer ❑ does, Adoes not,intend to occupy Property as Buyer's primary residence. 6. POSSESSION AND KEYS:Se er shall deliver possession and occupancy of the Property to Buye�on the date of close of escrow at AM/PM, or El no later than days after date of close of escrow at____ AM/PM,or El (( 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-11).Seller shall provide keys and/or means to operate all Property locks,mailboxes,security systems,alarms,and garage door openers.If applicable,Buyer may be required to pay a deposit to a Homeowners'Association(HOA)to obtain keys to accessible HOA facilities. 7. BUYER'S INVESTIGATION OF PROPERTY CONDITION:Buyer's acceptance of the condition of the Property is a contingency of this Agreement.Buyer shall have the right to conduct inspections,investigations,tests,surveys,and other studies("Inspections")at Buyer's expense.Buyer shall,within the time specified in Paragraph 28A(1),complete these Inspections and notify Seller in writing of any items disapproved.Buyer is strongly advised to exercise these rights and to make Buyer's own selection of professionals with appropriate qualifications to conduct Inspections of the entire Property.IF BUYER DOES NOT EXERCISE THESE RIGHTS,BUYER IS ACTING AGAINST THE ADVICE OF BROKERS.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 AND SELLER ARE AWARE THAT BROKERS DO NOT GUARANTEE,AND IN NO WAY ASSUME RESPONSIBILITY FOR,THE CONDITION OF THE PROPERTY. 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). Seller shall make the Property available for all Inspections.Buyer shall keep the Property free and clear of liens;indemnify and hold Seller harmless from all liability, claims,demands,damages,and costs;and repair all damages arising from the Inspections.No Inspections may be made by any governmental building or zoning inspector or government employee without the priorwritten consent of Seller,unless required by local law.Buyer shall provide to Seller,at no cost, upon request of Seller,complete copies of all Inspection reports obtained by Buyer concerning the Property. 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 storagetanks,contaminated soil orwater,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,AND SUBDIVISION 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 useof 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/septic, and pool/spa systems,if any,shall be operative. (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 INSPECTIONS AND 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 elf ate Seller's obligations under this warranty unless specifically agreed in writing. OR 7B. "AS-IS"CONDITION:(If B is checked,do NOT also check A.) 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) SELLER SHALL HAVE WATER,GAS,AND ELECTRICAL UTILITIES ON FOR BUYER'S INSPECTIONS AND THROUGH THE DATE POSSESSION IS MADE AVAILABLE TO BUYER. (3) This Paragraph does not relieve Seller of contractual obligations,if any,under Paragraph 14(Retrofit),Paragraph 20(Pest Control),and Paragraph 13(Smoke Detectors),and elsewhere in this Agreement. (4) NOTE TO BUYER AND SELLER:Buyer retains the right to disapprove the condition of the Property based upon items discovered in Buyer's Inspections under Paragraph 7.SELLER REMAINS OBLIGATED TO DISCLOSE KNOWN MATERIAL DEFECTS AND TO MAKE OTHER DISCLOSURES REQUIRED BY LAW. Buyer and Seller acknow ipt of copy of this page,which constitu age 3 of Pages. OFFICE USE ONLY Buyer's Initials ) ( ) Seller's Initials ( ) ( ) Reviewed by Broker or Designee —_ Date oveoxrur EOWEI 01Ty " WR FEB 95 BROKER'S COPY Property Address: ----- -- -__ _ _. - __Al(_.C/• ---- ---- - ___ -- — - ,19 9. TRANSFER DISCLOSURE STATEMENT; MELLO-ROOS NOTICE: Unless exempt: A. A Real Estate Transfer Disclosure Statement(TDS)(C.A.R.Form TDS-14)shall be completed by Seller and delivered to Buyer(Civil Code§§1102-1102.15). Buyer shall sign and return a copy of the TDS to Seller or Seller's agent.Buyer shall be provided a TDS within 5(or days from acceptance of the offer,unless previously provided to Buyer. B. Seller shall make a good faith effort to obtain a disclosure notice from any local agencies which levy on the Property a special tax pursuant to the Mello-Roos Community Facilities Act,and shall promptly deliver to Buyer any such notice made available by those agencies. C. If the TDS or the Mello-Roos disclosure notice is delivered to Buyer after the offer is signed,Buyer shall have the right to terminate this Agreement within three(3)days after delivery in person,or five(5)days after delivery by deposit in the mail,by giving written notice of termination to Seller or Seller's agent. D. Disclosure in the TDS,or exemptions from providing it,do not eliminate Seller's obligation to disclose known material defects,or to meet Seller's other obligations under this Agreement. 10. BUYER'S SOLE REMEDY REGARDING DISCLOSURES:Buyer and Seller acknowledge and agree that disclosures and information regarding the condition and other aspects of the Property,including those given by way of a Real Estate Transfer Disclosure Statement,may properly be provided after acceptance of the offer and that Seller,by way of additional,supplemental disclosures,may in good faith,undertake to correct,modify,or supplement any such disclosures, information,or representations.BUYER AGREES THAT,IF BUYER DISAPPROVES OR IS DISSATISFIED WITH ANY CONDITIONS SO DISCLOSED BY SELLER OR BROKERS,BUYER'S SOLE REMEDY AS TO SUCH CONDITIONS,UNLESS OTHERWISE PROVIDED IN THIS AGREEMENT,SHALL BE TO SEEK,PRIOR TO CLOSE OF ESCROW AND WITHIN THE TIME FRAME PROVIDED BY CIVIL CODE§1102.2(I.E.,THREE DAYS AFTER DELIVERY IN PERSON OR FIVE DAYS AFTER DELIVERY BY DEPOSIT IN THE MAIL), THE TERMINATION OF THIS AGREEMENT AND THE RETURN OF BUYER'S DEPOSIT. BUYER ACKNOWLEDGES THAT SELLER'S AGREEMENT TO SELL THE PROPERTY IS MADE IN RELIANCE UPON BUYER'S ELECTION AND REPRESENTATION THAT BUYER WILL PURSUE NO OTHER CLAIM,ACTION,OR REMEDY(E.G.,A LAWSUIT FOR NEGLIGENT MISREPRESENTATION OR NEGLIGENT FAILURE TO DISCLOSE)AGAINST SELLER OR BROKERS ARISING OUT OF SUCH GOOD FAITH DISCLOSURES,INFORMATION,OR REPRESENTATIONS. 11. PROPERTY DISCLOSURES:When applicable to the Property and required bylaw,Seller shall provide to Buyer,at Seller's expense,the following disclosures and information.Buyer shall then,within the time specified in Paragraph 28A(2),investigate the disclosures and information,and provide written notice to Seller of any item disapproved pursuant to Paragraphs 11A-11D(2)below. 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 2BA(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 2694(c)(1)). 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 2BA(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. C. STATE FIRE RESPONSIBILITY AREAS:If the Property is located in a State Fire Responsibility Area,Seller shall,within the time specified in Paragraph 2BA(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. D. EARTHQUAKE SAFETY: (1) PRE-1960 PROPERTIES:If the Property was built prior to 1960 and contains ONE TO FOUR DWELLING UNITS of conventional light frame construction, Seller shall,unless exempt,within the time specified in Paragraph 28A(3),provide to Buyer:(a)a copy of"The Homeowner's Guide to Earthquake Safety;' and(b)written disclosure of known seismic deficiencies(Government Code§§8897-8897.5). (2) PRE-1975 PROPERTIES:If the Property was built prior to 1975 and contains RESIDENTIAL,COMMERCIAL,OR OTHER STRUCTURES constructed of masonry or pre-cast concrete,with wood frame floors or roofs,Seller shall,unless exempt,within the time specified in Paragraph 28A(3),provide to Buyer a copy of"The Commercial Property Owner's Guide to Earthquake Safety"(Government Code§§8893-8893.5). (3) ALL PROPERTIES:If the booklets described in paragraphs 11D(l)and 11D(2)are not required,Buyerisadvised that they are available andcontain important information that may be useful for ALL TYPES OF PROPERTY. E. ENVIRONMENTAL HAZARDS AND ENERGY EFFICIENCY BOOKLETS:"Environmental Hazards:Guide for Homeowners and Buyers;'a booklet produced by the California Department of Real Estate and the Department of Health Services,and a home energy rating booklet produced by the California Energy Commission,when available,contain information that may be useful for ALL TYPES OF PROPERTY. F. LEAD-BASED PAINT:Buyers obtaining new FHA-insured financing on residential properties constructed prior to 1978 are required to sign a lead-based paint disclosure form.(NOTICE TO PURCHASERS OF HOUSING CONSTRUCTED BEFORE 1978(C.A.R.Form LPD-14)SHALL SATISFY THIS REQUIREMENT.) 12. CONDOMINIUM/COMMON INTEREST SUBDIVISION:If the Property is a unit in a condominium,planned development,or other common interest subdivision: A. The Property has parking spaces assigned to it. B. The current regular Homeowners'Association(HOA)dues/assessments are$ ❑ Monthly, ❑ C. Seller shall,within the time specified in Paragraph 28A(4),request and provide to Buyer any known pending special assessments,claims,or litigation;copies of covenants,conditions,and restrictions;articles of incorporation;by-laws;other governing documents;most current financial statement distributed(Civil Code§1365);statement regarding limited enforceability of age restrictions,if applicable;current HOA statement showing any unpaid assessments(Civil Code §1368);any other documents required by law;and the most recent 12 months of HOA minutes,if available.Buyer shall,within the time specified in Paragraph 28A(2),provide written notice to Seller of any items disapproved.Cost of obtaining those items shall be paid by Seller. D. No warranty is made regarding the Property's compliance with any governing document or HOA requirements,unless agreed in writing. 13. SMOKE DETECTOR(S):State law requires that residences be equipped with operable smoke detector(s).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 law.(SMOKE DETECTOR STATEMENT OF COMPLIANCE(C.A.R.Form SDC-11)SHALL SATISFY THE STATE PORTION OF THIS REQUIREMENT) Additional smoke detector(s),if required,shall be installed at Seller's expense prior to close of escrow. 14. RETROFIT: ❑ 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,EXCEPT- and except as otherwise agreed in writing. 15. GOVERNMENTAL COMPLIANCE: A. Seller represents that Seller has no knowledge of any notice,filed or issued against the Property,of violations of city,county,state,or federal building,zoning, fire,or health laws,codes,statutes,ordinances,regulations,or rules,EXCEPT: B. Seller shall promptly disclose to Buyer any improvements,additions,alterations,or repairs("Repairs")made by Seller or known to Seller to have been made without required governmental permits,final inspections,and approvals. C. If Seller receives notice or is made aware of any of the above violations prior to close of escrow,Seller shall immediately notify Buyer in writing.Buyer shall, within the time specified in Paragraph 28A(2),provide written notice to Seller of any items disapproved. 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 abseVoftbu'lding permits or inspections,or compliance or lack of compliance with building codes,unless agreed in writing. Buyer and Seller acknowl rcopy of this page,which constitut s Pa e 4 of Pages. OFFICE USE ONLY Buyer's Initials ( ) Seller's Initials O (__ ) f2t Reviewed by Broker or Designee _ Date roue"OUSINc OPPORTUNITY WR FEB 95 BROKER'S COPY Property Address: _ -- ---------- - - - - , 19, - - 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 openers/remote controls,attached fireplace equipment,mailbox,in-ground landscaping including trees/shrubs, and _— --- ----- - - ITEMS EXCLUDED: _---__-- 17. PERSONAL PROPERTY:The following items of personal property,free of liens and without warranty of condition(unless provided in Paragraph 8A)or fitness for use,are included: 18. HOME WARRANTY PLANS:Buyer and Seller are informed that home warranty plans are available to provide additional protection and benefit to Buyer and Seller. ❑ (If checked:)Buyer and Seller elect to purchase a one-year home warranty plan with the following optional coverage:- ._____ - - ___ at a cost not to exceed $ to be paid by _.___._____ and to be issued by _.. _ ._ Company. 19. SEPTIC/SEWER/WELL SYSTEMS: A. (If checked:) ❑ Buyer, ❑ Seller,shall pay to have septic system pumped and,if required by local law,certified,and shall provide evidence of compliance to the other party before close of escrow. B. (If checked:) ❑ Buyer, ❑ Seller,shall pay for sewer connection,if required by local law in effect prior to close of escrow. C. (If checked:) ❑ Buyer, ❑ Seller,shall pay to have wells tested and to comply with any local law pertaining to testing. 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 CONTROL: ❑ (If checked,the following PEST CONTROL terms apply:) A. Seller shall,within the time specified in Paragraph 28A(3),provide to Buyer a current written Wood Destroying Pests and Organisms Inspection Report("Report") covering the main building and attached structures(and,if checked: ❑ detached garages or carports, ❑ decks, ❑ the following other structures on the Property: -- -- ---- --------- ). If the Property is a unit in a condominium,planned development,or residential stock cooperative,the Report shall cover only the separate interest and any exclusive use areas being transferred,and shall NOT cover common areas. B. ❑ Buyer, ❑ Seller,shall pay for the Report,which shall be prepared by_ a registered structural pest control company. C. If no infestation or infection by wood destroying pests or organisms is found,the Report shall include a written Certification. D. If requested by Buyer or Seller,the Report shall separately identify each recommendation for corrective work as follows: "Section 1"—Infestation or infection which is evident. "Section 2"—Conditions which are present and deemed likely to lead to infestation or infection. E. ❑ Buyer, ❑ Seller,shall pay for work recommended to correct conditions described in"Section 1." F. ❑ Buyer, ❑ Seller,shall pay for work recommended to correct conditions described in"Section 2,"if requested by Buyer. G. Nothing in this Paragraph 20 shall relieve Seller of the obligation,if any,to repair or replace shower pans and shower enclosures,if required by Paragraph 8. A WATER TEST OF SHOWER PANS MAY NOT BE PERFORMED ON UNITS ON 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 by Seller or through others,provided that: (1) All required permits and final inspections are obtained;and (2) Upon completion of repairs a Certification is provided to Buyer. 1. If inspection of inaccessible areas is recommended in the Report,Buyer has the option to accept and approve the Report,or request in writing,within 5(or ❑ )days of receipt of the Report,that further inspection be made.BUYER'S FAILURE TO NOTIFY SELLER IN WRITING OF SUCH REQUEST SHALL CONCLUSIVELY BY CONSIDERED APPROVAL OF THE REPORT. If further inspection recommends"Section 1"and/or"Section 2"corrective work,such work,and the inspection,entry,and closing of the inaccessible areas,shall be paid for by the party designated in Paragraphs 20B,20E,and/or 20F. If no infestation or infection is found,the inspection,entry,and closing of the inaccessible areas shall be paid for by Buyer. J. Inspections,corrective work,and Certification under this Paragraph shall not include roof coverings.Read Paragraph 7A concerning inspection of roof coverings. K. Certification shall be issued prior to close of escrow.However,if Buyer and Seller agree in writing that work to be performed at Seller's expense will be done after close of escrow,funds equal to one and one-half times the amount of the approved estimate shall be held in escrow unless otherwise agreed in writing.Such funds shall be disbursed upon Buyer's receipt of Certification.Any remaining balance shall be returned to Seller. L. "Certification"means a written statement by a registered structural pest control company,that on the date of inspection or re-inspection,the Property is "free"or is"now free" of"evidence of active infestation in the visible and accessible areas"(Business and Professions Code§§8519(a)and 8519(b).) 21. RENTAL PROPERTY: ❑(If checked:)Buyer shall take the Property subject to the rights of existing tenants.Seller shall,within the time specified in Paragraph 28A(3),deliver to Buyer copies of all leases,rental agreements,outstanding notices sent to tenants,and current income and expense statements("Rental Documents"). Seller shall,within the time specified in Paragraph 28A(4),request from tenants and provide to Buyer any tenant estoppel certificates.Buyer shall,within the time specified in Paragraph 28A(2),provide written notice to Seller of any items disapproved.Seller shall make no changes in leases and tenancies,and shall enter into no new leases or rental agreements,during the pendency of this transaction,without Buyer's prior written consent.Seller shall transfer to Buyer,through escrow,all unused tenant deposits.No warranty is made concerning compliance with governmental restrictions,if any,limiting the amount of rent that can lawfully be charged,and/or the maximum number of persons who can lawfully occupy the Property,unless otherwise agreed in writing. 22. SELECTION OF SERVICE PROVIDERS: If Brokers give Buyer or Seller referrals to professional persons,service or product providers,or vendors of any type,including,but not limited to,lending institutions,loan brokers,title insurers,escrow companies,inspectors,structural pest control companies,contractors, and home warranty companies("Providers"),the referrals are given based on the following disclosures: A. Brokers do not guarantee the performance of any Providers. B. Buyer and Seller are free to select Providers other than those referred or recommended by Brokers. 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 Seller's other obligations,and(c)the Property is otherwise in substantially the same condition as on the date of acceptance of the offer,unless otherwise agreed in writing. Buyer and Seller acknowle r ipt of copy of this page,which constitut s e 5 of Pages. OFFICE USE ONLY -- Buyer's initials _- __ _.) ( ) Seller's Initials ( __) ( __—) Reviewed by Broker or Designee PNWSING Date APPONfuNtrY ANA FEB 95 Property Address: _— -—--- -- ------- - 19 _ 36. LIQUIDATED DAMAGES: (If initialled by all parties:) Buyer's InitialsSeller1nrBuyerand Sellere 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"means the specified number of calendar days after acceptance of the offeror final counteroffer is communicated 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,altered,or changed in any respect whatsoever except in writing signed by Buyer and Seller. 40. OTHER TERMS AND CONDITIONS; ATTACHED SUPPLEMENTS: A. B. The following ATTACHED supplements are incorporated in this Agreement: ❑ ❑ _ ❑ ❑ 41. AGENCY CONFIRMATION-TThe following agencyrellattiionssheby confirmed for this transaction: Listing Agent: 0)( D MALyr � a is the agent of(check one): (Print Firm Name) he Seller exclusively;or ❑ both the Buyer and Seller. Selling Agent: r< (if not same as Listing Agent)is the agent of(check one): Print Firm Name) khe Buyer exclusively;or ❑ the Seller exclusively;or ❑ both the Buyer and Seller. Real Estate Brokers are not parties to the purchase and sale Agreement between Buyer and Seller.(IF THE PROPERTY CONTAINS 1-4 RESIDENTIAL DWELLING UNITS, BUYER AND SELLER MUST ALSO BE GIVEN ONE OR MORE DISCLOSURES REGARDING REAL ESTATE AGENCY RELATIONSHIPS FORMS (C.A.R.Form AD-14).) 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 otter 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 Seller 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 to the above confirmation of agency relationships.If this offer is accepted and Buyer subsequently defaults,Buyer may be responsible for payment of Brokers'compensation.This Agreement and any supplement,addendum,or modification,including any photocopy or facsimile,may be signed in two or more f counterparts,al of which shall co itute one and the sa a writin Q' V BUYER -- —pi— -- - --- — - --— --- ---- BUYER Receipt for deposit 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) V� �nI ��% T _ Date .- (Print Firm Name) By r Address Telephone Fax _ ACCEPTANCE The undersigned Seller accepts the above offer,agrees to sell the Pr erty on the above terms and conditions(If checked: SUBJECT TO ATTACHED COUNTER OFFER),and agrees to the above confirmation of agen lonships.Seller agrees to pay compensation for service as follows: I o _ Broker,and to Broker, payable(a)on recordation of the deed or other evidence of title,or(b)if completion of sale is prevented by default of Seller,upon Seller's default,or(c)if completion of sale is prevented by default of Buyer,only if and when Seller collects damages from Buyer,by suit or otherwise,and then in an amount equal to one-half of the damages recovered,but not to exceed the above compensation,after first deducting title and escrow expenses and the expenses of collection,if any.Seller hereby irrevocably assigns to Brokers such compensation from Seller's proceeds and irrevocably instructs Escrow Holder to disburse those funds to Brokers at close of escrow.Commission instructions can be amended or revoked only with the consent of the Brokers.In any action,proceeding,or arbitration relating to the payment of such compensation, the prevailing party shall be entitled to reasonable attorney's fees and costs,except as provided in Paragraph 33.The undersigned Seller has read and acknowledges receipt of a copy of this Agreement,and authorizes Brokers to deliver a signed copy to Buyer. SELLER _ _ ___ _ _ Date --- --- SELLER Time Agency relationships are confirmed as above.Real Estate Brolk(As are not parties to the purchase and sale Agreement between Buyer an/d /II� Real Estate Broker(Listing) Q �/� � Date (Print Firm Name) By Address _ Telephone Fax OFFICE USE ONLY - - - This loan is available for use by the enure real estate industry. The use of INS 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 Oesigne only by real estate licensees who are members of the NATIONAL Date._-._ EtItYLLttlwSwc ASSOCIATION OF REALTORS' and who subscribe to its Code of Ethics. Page 8 Of -_—.Pages. - - ------ - OPPORTUNITY HOME SAVINGS OF AMERICA ADDENDUM This is an addendum to the Offer to Purchase Agreement and Deposit Receipt dated 11/09 of 1995,on Real Property known as:_10461 Miller Avenue, Cupertino, CA in which_The City of Cupertino is/are referred to as BUYER(s), and HOME SAVINGS OF AMERICA, F.S.B. is referred to as SELLER. 1. Buyer must apply for loan within five (5) days of Seller's acceptance of Buyer's offer. In the event Buyer selects a lender other than Home Savings, Buyer may concurrently submit a back-up loan application to Home Savings, including therewith a copy of all materials provided by Buyer to its selected lender. The purpose of this back-up application is to enable Buyer, if it so chooses, to elect to pursue a loan application with Home Savings in the event Buyer's application with its selected lender is denied,therby jeopardizing the closing of escrow. No application or other fees, if any, shall be payable by Buyer to Home Savings in connection with such back-up application until Home Savings is notified by Buyer that Buyer has elected to pursue the back-up application. Nothing contained herein shall be interpreted as requiring Buyer to obtain a loan from Home Savings, even in the event that Buyer's loan application is denied by its selected lender. Buyer understands that it always has the right to file a loan application with a third lender, but Buyer acknowledges that such process may cause the term of the escrow to expire prior to the approval of Buyer's loan application, and that Seller has no obligation to extend the term of the escrow. Buyer further agrees to submit to selected lender within said five (5) days, copies of Buyers previous two year's tax returns and/or profit and loss statements, all W-2 statements, current pay stubs, current deposits and account information as required by Lender, and to provide Seller a copy of Lender's credit report and written loan approval within seven (7) working days. SELLER RESERVES THE RIGHT TO CANCEL ESCROW AND AGREEMENT IF THESE TERMS HAVE NOT BEEN MET AND SATISFIED BY BUYER. BUYER FURTHER AGREES TO SIGN AND RETURN ESCROW INSTRUCTIONS WITHIN FIVE (5) DAYS OF RECEIPT OR SELLER MAY CANCEL THIS CONTRACT AND AGREEMENT. 2. Escrow company to be approved by Seller. 3. Unless Buyer pays for title work performed by Buyer's selected title company, title work to be at location of Seller's choice. 4. Buyer is aware that Seller has acquired the subject property through foreclosure, and has not resided therein, and is exempt from furnishing Buyer with a Real Estate Transfer disclosure Statement. 5. Buyer agrees to pay all his own costs in obtaining said loan, as required by lender. 6. Any work required by FHA or VA, if applicable, is subject to Seller's approval. 7. Buyer is aware and further agrees, that the completion of this transaction and close of escrow is NOT CONTINGENT UPON any subsequent walk through inspections by Buyer. 8. Notwithstanding any other representation contained herein or in any other document pertaining to the purchase and sale of the subject real property the Buyer accepts, agrees with and acknowledges the following: a. Purchase of Property to be "As-Is" Buyer if fully aware that Seller has acquired the subject property through non judicial foreclosure sale and that Seller has not resided therein. As such, Buyer understands that, under Civil Code Section 1102.1(c), Seller is exempt from providing a Real EstateTransfer Disclosure Statement. Buyer freely acknowledges that Buyer understands that Seller has made no inspections to determine the condition of the property, nor any improvements thereon. Buyer understands and agrees that Buyer is purchasing the property in its present, AS IS condition. Buyer acknowledges that Buyer is fully aware of the present condition of the property, or has had the opportunity to make any and all inspections,but has waived the right to so inspect. Buyer expressly acknowledges that Seller makes NO WARRANTIES OF ANY KIND, express or implied, including, but not limited to, warranties concerning the general structure, plumbing, heating, or electrical systems, built-in appliances, roof, soils, foundation, sewer lines, mechanical systems, air conditioning, pools, or spas, if any, possible environmental hazards such as asbestos, formaldehyde, radon gas, and other substances/products, earthquake damage, soil erosion, slippage, improper drainage, filled or improperly compacted soil or underground water. Seller makes no representations or warranties as to the existence or absence of any pest infestation. In addition, Seller makes no representations or warranties with respect to the use, condition, occupation or management of the property, compliance with applicable statutes, laws, codes, ordinances, regulations or requirements relating to leasing, zoning, subdivision, planning, building, fire, safety, health or environmental matters, compliance with convenants, conditions and restrictions (whether or not of record), other local, municipal, regional, state or federal requirements, or other statutes, laws, codes, ordinances, regulations or requirements. Unless expressly agreed to by Seller, in writing, Buyer understands and agrees that Seller is NOT required to make any inspections or repairs of any kind whatsoever. This provision shall control notwithstanding any contrary provisions in Buyer's Offer. Seller's Initial Bu r' ' ial — k I I . b. Within five (5) days after Seller has notified Buyer that Seller has accepted Buyer's offer, Buyer may, at his/her option and his/her sole cost and expense, conduct any inspection desired and obtain report of such inspections with regard to the condition of the property. c. Unless Buyer notifies Seller in writing within the five (5) day inspection period of any repair that Buyer desires as a condition to his/her purchase of the property based upon the information contained in his/her reports, Buyer is deemed to have waived the right to so request such repairs and Buyer will then be deemed to have accepted the property in its present existing condition. Seller is under no obligation to make any or all of the repairs requested by Buyer. If Seller and Buyer are unable to agree within ten (10) days after Buyers notice to Seller on the repairs to be made, then the Agreement between Buyer and Seller for Buyers purchase of the Property shall be deemed terminated. 9. Buyer acknowledged that persons acting on behalf of Seller are not authorized to make any representation, agreement, warranty, quarantee, or promise regarding the subject property except as may be expressly set forth and contained herein, and that any such statement shall not be valid or binding on Seller. Buyer further acknowledges that no person has made any statement or representation as desired herein. 10. There are no assignees or nominees as a part of this transaction. 11. Buyers are aware subject property is on a master key system. It is buyers responsibility to rekey property upon close of escrow or transfer of deed as is applicable for your area. The undersigned hereby agree to the terms and conditions set forth above, and acknowledge receipt of a copy. DATED: DATED: ROME SAVINGS OF AMERICA, FSB BUYER BY: BY: —_iAje�_ BY: BY: COUNTER OFFER THIS IS INTENDED TO BE A LEGALLY BINDING AGREEMENT. READ IT CAREFULLY. This is a counter offer to the Real Estate Purchase Contract and Receipt for Deposit, dated 11-09-95, on property known as 10461 Miller Avenue, Cupertino, CA in which The City of Cupertino is referred to as Buyer and Home Savings of America, FSB is referred to as Seller. Seller accepts all of the terms and conditions in the above designated agreement with the following changes or amendments: 1. Purchase price to be 8214,000.00 2. Offer is all cash. Close of escrow to be on or before November 17, 1995. 3. Buyers to open escrow with North American Title. Contact Teresa M. Woest. Ph (408)-973-9565. Address: 10121 Miller Avenue, #101, Cupertino.Branch 560-14 5. Buyer is allowed 5 working days from acceptance of contract to approve preliminary title report. 4. Item (s) #8A,9, 11A,B,C,14,and 15 are to be deleted from the purchase contract. 5. Buyers to transfer all utilities into their name at the time of the close of escrow. 6. Buyers to execute lenders 2 page "as is" addendum. 7.Kristin Spindt is an employee of Home Savings of America, FSB signing on behalf of the Seller, and is also a Real Estate Broker licensed in the State of California. 8. Buyer has received Report from A & R Termite control dated 10/31/95. The Seller reserves the right to continue to offer the herein described property for sale and accept any offer acceptable to Seller at anytime prior to the personal receipt by Seller or Seller Only, Seller's authorized agent, of a copy of this counter offer, duly accepted and signed by the Buyer. Unless this counter offer is accepted in this manner on or before November 14, 1995 at 4:OOPM, it shall be deemed revoked and deposit shall be returned to the Buyer. Seller's acceptance of another offer shall revoke this counter offer. Receipt of a copy hereof is hereby acknowledged. SUBJECT TO SELLER'S ADDENDUM Dated: 11-09-95 Seller: HOME SAVINGS OFJ AMERICA, FSB Time: 10:20 AM Seller By: C/ Kris-tin Spin t The undersigned Buyer hereby accepts the above counter offer, or ❑ The undersigned Buyer hereby accepts the above counter offer with the following changes or amendments: Unless the above is accepted on or before , 19 at A /PM, it shall be deemed revoked. Receipt of a copy hereof is hereby acknowledged. Dated /mol/ i 19 _`/�c Buyer Time Buyer Receipt of signed copy on , 19 at t AM/PM, by Seller or Seller's authorized agent is acknowledged, (initials) (initials) Seller accepts Buyer's changes or amendments to Seller's counter offer and agrees to sell on the above terms and conditions. Dated 19 Seller Time Seller (counter offer 9/92) F i ' 4.♦ ,, � lea �4 11 �{�e /a�■ �r Mee Ow t rti w ,� � :.+;' l r,r,+. •t. .. �• - T �. 1 ' 11imtDlQL/ltflTAl ~ sed dated th dq at,?�el►rus�t�,'um to V. as� paaiell ere.tu euiers at s'esrtais tretvt at�Ltod altcated las , ! �hi Ooaat}�elf 4sata CLra� ed oalzitearats�, dsiari!»d as toll,ertrt. ,• f 2w ca•taio atitlsd� elsiq!'pe. 7 a'psI Ash Ns. !te�'M�tib imp •ae filed fey,ayaas'4 In Uw dllso.e; eliki rdeir,af, 1.1 QZ i1a11fQraigo 111 Mme• of ..to wbLoh Ral+d Na¢ •. "�� hereto►.sods,«, `. 1s said partls n ,, • 1 ,s abeam. tp� prc�ira e6ora ea sblid�ap,'nhiah► I entsue �o sutdeat•to wstaiw rt+ e�le eaedljialsbMMjiaa i +ms` s bet ` ' hns 111111 mail th i �ohasers7 set te4.oe 7 ;{ i' S r,"'�„r.',it •..`: rp•p."d ; '•:f. s r=.<s .,:C' 1 'ti.a�., «d b ;r. r +ea t, .?' , � t�ysoperr etips�:al'tit 1r0► tC�,..' r ,. 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M • -n:,v _ !! - • 1 : b, *a basldi .h+tu e:'':reoti.d.op-�Q e.iidirig~plot n.arer thea 15 feet t. the'frortt property 11x», n ares thaa Nq(10) feet to a aid&--rest lime:, So ll tt� j dvolUng or stracturs sha 'We ' ected aoarer"an tive l s) Yeet to +op property , excepting &'garage located eatho.rear'eme•balf of a ploto 1 ca 'No traileri+'baaeamnt, teat#,Ahaoht,«garsgee.b}ra etdl*thar outbiAilding Shall at any tine be used as.e.ri sidsnce,:ta�Daa ar17J Cc.persaa)t►V,.sw shall•am% , f a rs .atructuocharacter be turpereu�. e-�pesal.ttedI ! . Es ,� d.• No dwvelli 4-house having`ground hoar"area of, Las than aLa�hamdred . (900) square feet, exalnsive at garage.open porches,.terraces androther appurtemamoss, ,.� ~ r, shall be erected.upm terp'building p111..xithid the°area subseat to these sestriatiaasso No additional baitdings will be.persittsd_'bT'rsasoa of:any,aisi viom-or.sabdivisioa of . �' ► C�! �ww plot in said tract. -•-+ s, e.- -lto cisasroial. ar eribnt r aatar'shall be,catt3ed{oa npaad'.unr plot mo:ahall anything be donne l6ich bbe or becoad, Amsa�or usisar" to tba 4 00 t;_ neighborhood'- k r ,.t► ,L _ 4 ` -t.` No`l rsatoolc,-rabbits gar oieatuses of.atQ I&Dd;S ull.b�!•kept�oe'�broil+ < ` tt upon lot: tor.agseeroial pozpoees.. .]fothls�haeity.'goa/siaid shah];M epaitrus4; s• t ",+ re rioting the right t4 Ygsp *bald peta�upon.,".said pa'eaiseso :Qim G wk In V a� 1 A 7 1 ♦ y 11 'C.Es tri ya1i C ' i S i T ,� :.{ 1 w+ •�''.` ! 't. 1 t•,. r ,�J .Gl {.--• •, r- x of t a ♦ 'f .. T t. tl.. - _ 'Q .4.w. - u.. oRp`j p _ rr� i y i t . .,- . .• a +j Z ,� ,tt ': �+{ � e�. 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