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D-871 Grant Deed, 10455 Torre Ave, 369-40-009**This document was electronically submitted to Santa Clara County for recording** 24924407 RECORDING REQUESTED BY: First American Title Insurance Company National Commercial Services MAIL TAX STATEMENT AND WHEN RECORDED MAIL DOCUMENT TO: City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 A.P.N.: 369-40-009 Regina Alcomendras Santa Clara County - Clerk -Recorder 04/16/2021 12:48 PM Titles:1 Pages:10 Fees: $0.00 Tax: $0.00 Total: $0.00 Space Above This Line for Recorder's Use Only GRANT DEED File No.: NCS-1056912-SC (TW) The Undersigned Grantor(s) Declare(s): DOCUMENTARY TRANSFER TAX $0.00; CITY TRANSFER TAX $0.00; SURVEY MONUMENT FEE $0.00 computed on the consideration or full value of property conveyed, OR computed on the consideration or full value less value of liens and/or encumbrances remaining at time of sale, unincorporated area; [ X ] City of Cupertino, and x Exempt from transfer exx; Reason: Grantee is a Governmental Agency Declaranes signature (must be signed if no tgdnIfer tax is being paid) "Governmental agency acquiring title. R&T 11922." FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Phillip G. Svalya, as to an undivided 54.300/o interest; Stephen S. Rudd, as to an undivided 2.70%; James 3. Rodriguez, as to an undivided 19.00% interest; and Claremont McKenna College, Trustee of the Stephen S. Rudd Charitable Remainder Unitrust 2019 dated September 11, 2019, as to an undivided 24.00% interest, all as tenants in common . hereby GRANT(s) to City of Cupertino, a California municipal corporation the following described property in the City of Cupertino, County of Santa Clara, State of California: LOT 4, AS SHOWN ON THAT CERTAIN MAP ENTITLED TRACT NO. 5220 BRIAN TERRACE, WHICH MAP WAS FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA ON AUGUST 9, 1972, BOOK 306 OF MAPS, PAGE (S) 23 AND 24. Mail Tax Statements To: SAME AS ABOVE RECORDING REQUESTED BY: First American Title Insurance Company National Commercial Services MAIL TAX STATEMENT AND WHEN RECORDED MAIL DOCUMENT TO: City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 A.P.N.: 369-40-009 GRANT DEED RECORDED ELECTRONICALLY L_- Above This Line for Recorder's Use Only File No.: NCS-1056912-SC (TW) The Undersigned Grantor(s) Declare(s): DOCUMENTARY TRANSFER TAX $0.00; CITY TRANSFER TAX $0.00; SURVEY MONUMENT FEE $0.00 computed on the consideration or full value of property conveyed, OR computed on the consideration or full value less value of liens and/or encumbrances remaining at time of sale, unincorporated area; [ X ] City of Cupertino, and X Exempt from transfer x; Reason: Grantee is a Governmental Agency Declarant's signature (must be signed if no tfian4fer tax is being paid) "Governmental agency acquiring title. R&T 11922." FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Phillip G. Svalya, as to an undivided 54.30% interest; Stephen S. Rudd, as to an undivided 2.70%; James J. Rodriguez, as to an undivided 19.00% interest; and Claremont McKenna College, Trustee of the Stephen S. Rudd Charitable Remainder Unitrust 2019 dated September 11, 2019, as to an undivided 24.00% interest, all as tenants in common hereby GRANT(s) to City of Cupertino, a California municipal corporation the following described property in the City of Cupertino, County of Santa Clara, State of California: LOT 4, AS SHOWN ON THAT CERTAIN MAP ENTITLED TRACT NO. 5220 BRIAN TERRACE, WHICH MAP WAS FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA ON AUGUST 9, 1972, BOOK 306 OF MAPS, PAGE (S) 23 AND 24. Mail Tax Statements To: SAME AS ABOVE Grant Deed - continued A.P.N.: 369-40-009 Dated: 04/16/2021 Phillip G. Sv a SIGNED N COUNTERPART James J. Rodriguez SIGNED IN COUNTERPART Stephen S. Rudd The Stephen S. Rudd Charitable Remainder Unitrust 2019 SIGNED IN COUNTERPART File No.: NCS-1056912-SC (TW) Erin Watkins, Associate Vice President for Finance and Acting Treasurer for Claremont McKenna College, Trustee Page 2 of 3 0,423MM M GrAM MOO pll�� Grant Deed - continued A.P.N.: 369-40-009 Dated: 04 / 16 / 20 21 SIGNED IN COUNTERPART Phillip G. Svalya (T]ame��. o�riguez SIGNED IN COUNTERPART Stephen S. Rudd The Stephen S. Rudd Charitable Remainder Unitrust 2019 SIGNED IN COUNTERPART File No.: NCS-1056912-SC (TW) Erin Watkins, Associate Vice President for Finance and Acting Treasurer for Claremont McKenna College, Trustee Page 2 of 3 A.P.N.: 369-40-009 Dated: 04/16/2021 SIGNED IN COUNTERPART Phillip G. Svalya SIGNED IN COUNTERPART James J. Rodriguez -. - / Rudd - The Stephen S. Rudd Charitable Remainder Unitrust 2019 SIGNED IN COUNTERPART Claremont McKenna College, Trustee Grant Deed - continued File No.: NCS-1056912-SC (TW) Page 2 of 3 Grant Deed - continued A.P.N.: 369-40-009 Dated: 04 / 16 / 2021 SIGNED IN COUNTERPART Phillip G. Svalya SIGNED IN COUNTERPART James J. Rodriguez SIGNED IN COUNTERPART Stephen S. Rudd The Stephen S. Rudd Charitable Remainder Unitrust 2019 File No.: NCS-1056912-SC (TW) f,-- (ev'a'L-' Erin Watkins, Associate Vice President for Finance and Acting Treasurer for Claremont McKenna College, Trustee Page 2 of 3 Grant Deed - continued A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF & ` 4 �b ("� )SS COUNTY OF /,. ("L A7K - ) On IV-1 L Z before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Allt, � � Not"' nature This area for official notarial seal. LAURA ELIZABETH SANTAMARIA Notary Public - California Santa Clara County Commission r: 2277864 My Comm, Expires Feb 18, 2023 Page 3 of 3 Grant Deed - continued A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF ���/� )SS COUNTY OF ' — Z 1 before me r �_ On , ,�,�� �� fe,' Notary Public, personally appeared who proved to me on the basis of'satisfact&l evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. `tr 6 Notary Signature This area for official notarial seal.. LEE I(,q�''Oi 2; My Comm. Expiresco s S December 01, 2024 i Z N No.9938 2 '.'9 ••••• VBL�G••�p���: Page 3 of 3 Grant Deed - continued A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF &NMVL� � J )SS COUNTY OF `1s� ��jf' ) before me, s "d, M �I , Notary Public, personally appeared who proved to me on the basis of satisfa tory evidence to be the person whose name( s)are subscribed to the within ginstrument and acknowl dged to me that/ehe/they- executed the same in is her�t�i�r authorized capacity() and that by heF�tl4eir signatureMon the instrument the person, or the entity upon behalf of which the person('} acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. C" (9ary Signature This area for official notarial seal. JENNIFER CHOYCE Notary PUMIC - California a Santa Clara County i Coeirnisslon #► 233M9 M Comm. Expires Oct 15, 2024 Page 3 of 3 '3�rkii�•+4'•+,Ib:�R-+.Aied� � n.ebrs:>L�MLrt7•. wYm��R•�.iw�t: rttG►•WSJ • a►f�8u`i 1j!i1vNi c,te,..r dh<lf;fi'_'., ! il9f�tiitlilWii `',�,✓ ;tip' t!i i � .:,ittx3 r�TrCl't „vp Grant Deed - continued A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF G Iq L-1 FO n N I A )SS COUNTY OF t O S A N6 EL*S ) On Ar ri* 1 14 .20 2 before me, K61If Ti rAffiennan , Notary Public, personally appeared 97r i. vUe-4- ' A C who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Notary Signature This area for official notarial seal *my KATIETIMMERMAN Notary Public - California Los Angeles CountyCommission N 2325374 Comm. Expires Apr 20, 2024 Page 3 of 3 CERTIFICATE OF ACCEPTANCE (California Government Code Section 27281) This is to certify that the interest in real property conveyed by that certain &?&Uh Deed, dated April 16 , 2021 from Phillip G. Svalya, Stephen S. Rudd, James J. Rodriguez, and Claremont McKenna College, Trustee of the Stephen S. Rudd Charitable Remainder Unitrust 2019 dated September 11, 2019, is hereby accepted by the undersigned on behalf of the City of Cupertino pursuant to authority conferred by the City Council on March 16, 2021, and the City of Cupertino consents to recordation thereof by its duly authorized officer. City of Cupertino, a California municipal corporation By: Name: Deborah Feng Title: City Manager Dated: -+ LE , 21 GOUrVj. Lawrence E. Stone EP-502-A-R15-0221-43004558-1 ,.r, ;, =;o Santa Clara County Assessor BOE-502-A (P1) REV. 15 (02-21) Property Transfer Unit PRELIMINARY CHANGE OF OWNERSHIP REPORT 70 W. Hedding St, East Wing, 5th Floor To be completed by the transferee (buyer) prior to a transfer of subject `n9,y San Jose, CA 95110 property, in accordance with section 480.3 of the Revenue and Tq cv Ph: (408) 299-5540 FAX: (408) 299-9446 Taxation Code. A Preliminary Change of Ownership Report must be filed propertytransfer@asr.sccgov.org with each conveyance in the County Recorder's office for the county www.sccassessor.org where the property is located. NAME AND MAILING ADDRESS OF BUYERITRANSFEREE (Make necessary corrections to the printed name and mailing address) F '1 ASSESSOR'S PARCEL NUMBER City of Cupertino 369-40-009 SELLERITRANSFEROR *10300 Torre Avenue Phillip G. Svalya et al. Cupertino, CA 95014 BUYER'S DAYTIME TELEPHONE NUMBER i ( 408 ) 777-3220 BUYER'S EMAILADDRESS kristinaa@cupertino.org STREET ADDRESS OR PHYSICAL LOCATION OF REAL PROPERTY 10455 Torre Avenue, Cupertino, CA 95014 YES NO This property is intended as my principal residence. If YES, please indicate the date of occupancy MO DAY YEAR or intended occupancy. YES NO Are you a disabled veteran or a unmarried surviving spouse of a disabled veteran who was compensated at 100% by the Department of Veterans Affairs? MAIL PROPERTY TAX INFORMATION TO (NAME) Kristina Alfaro MAIL PROPERTY TAX INFORMATION TO (ADDRESS) CITY STATE I ZIP CODE 10300 Torre Avenue I Cupertino I CA 95014 PART 1. TRANSFER INFORMATION Please complete all statements. YES NO This section contains possible exclusions from reassessment for certain types of transfers. ZA. This transfer is solely between spouses (addition or removal of a spouse, death of a spouse, divorce settlement, etc.). B. This transfer is solely between domestic partners currently registered with the California Secretary of State (addition orremoval of a partner, death of a partner, termination settlement, etc.). * C. This is a transfer: ❑ between parent(s) and child(ren) ❑ between grandparent(s) and grandchild(ren). Was this the transferor/grantor's principal residence? ❑ YES ❑ NO * D. This transfer is the result of a cotenant's death. Date of death 1-1 ❑� * E. This transaction is to replace a principal residence owned by a person 55 years of age or older. Within the same county? YES ❑ NO * F. This transaction is to replace a principal residence by a person who is severely disabled. Within the same county? YES ❑ NO G. This transaction is to replace a principal residence substantially damaged or destroyed by a wildfire or natural disaster for which the Governor proclaimed a state of emergency. Within the same county? ❑ YES n NO ❑ W H. This transaction is only a correction of the name(s) of the person(s) holding title to the property (e.g,, a name change upon marriage). If YES, please explain: I. The recorded document creates, terminates, or reconveys a lender's interest in the property. ❑✓ J. This transaction is recorded only as a requirement for financing purposes or to create, terminate, or reconvey a security interest (e.g., cosigner). If YES, please explain: K. The recorded document substitutes a trustee of a trust, mortgage, or other similar document. L. This is a transfer of property: ❑ 1. to/from a revocable trust that may be revoked by the transferor and is for the benefit of ❑ the transferor, and/or ❑ the transferor's spouse F1 registered domestic partner. ❑ 2. to/from an irrevocable trust for the benefit of the 11 creator/grantor/trustor and/or ❑ grantor's/trustor's spouse grantor's/trustor's registered domestic partner. M. This property is subject to a lease with a remaining lease term of 35 years or more including written options. 1-1 N. This is a transfer between parties in which proportional interests of the transferor(s) and transferee(s) in each and every parcel being transferred remain exactly the same after the transfer. O. This is a transfer subject to subsidized low-income housing requirements with governmentally imposed restrictions, or restrictions imposed by specified nonprofit corporations.. * P. This transfer is to the first purchaser of a new building containing an active solar energy system. Q. Other. This transfer is to * Please refer to the instructions for Part 1. Please provide any other information that will help the Assessor understand the nature of the transfer. I I I I I I I I I I I I I I THIS DOCUMENT IS NOT SUBJECT TO PUBLIC INSPECTION I I I I I I I I I I I I 12 A I I I ZI I I wl la I I I I I I I I I I I I I I I I I I I I I I I I EF-502-A-RlS-0221-43004558-2 BOE-502-A (P2) REV. 15 (02-21) PART 2. OTHER TRANSFER INFORMATION Check and complete as applicable. A. Date of transfer, if other than recording date: B. Type of transfer: Purchase ❑Foreclosure ❑Gift ❑Trade or exchange ❑Merger, stock, or partnership acquisition (Form BOE-100-B) ❑ Contract of sale. Date of contract: ❑ Inheritance. Date of death: ❑ Sale/leaseback ❑ Creation of a 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): ❑ Other. Please explain: C. Only a partial interest in the property was transferred. []YES © NO If YES, indicate the percentage transferred: % PART 3. PURCHASE PRICE AND TERMS OF SALE Check and complete as applicable. A. Total purchase price $ 4,450 000.00 B. Cash down payment or value of trade or exchange excluding closing costs Amount $ C. First deed of trust @ % interest for years. Monthly payment $ Amount $ ❑ FHA (_Discount Points) ❑ Cal -Vet ❑ VA L_Discount Points) ❑ Fixed rate ❑ Variable rate ❑ Bank/savings & Loan/Credit Union ❑ Loan carried by seller ❑ Balloon payment $ Due date: D. Second deed of trust @ % interest for years. Monthly payment $ Amount $ ❑ Fixed rate ❑ Variable rate ❑ Bank/Savings & Loan/Credit Union ❑ Loan carried by seller ❑ Balloon payment $ Due date: E. Was an Improvement Bond or other public financing assumed by the buyer? ❑YES ❑ NO Outstanding balance $ F. Amount, if any, of real estate commission fees paid by the buyer which are not included in the purchase price $ G. The property was purchased: [,(]Through real estate broker. Broker name: * SEE OTHER Phone number: 408 982-8463 ❑ Direct from seller ❑ From a family member -Relationship ❑ Other. Please explain: Broker name: Newmark Knight Frank H. Please explain any special terms, seller concessions, broker/agent fees waived, financing, and any other information (e.g., buyer assumed the existing loan balance) that would assist the Assessor in the valuation of your property. PART 4. PROPERTY INFORMATION Check and complete as applicable. A. Type of property transferred ❑ Single-family residence ❑ Co-op/Own-your-own ❑ Manufactured home ❑ Multiple -family residence. Number of units: ❑ Condominium ❑ Unimproved lot ❑ Other. Description: (i.e., timber, mineral, water rights, etc.) ❑ Timeshare Commercial/Industrial B. ❑YES ✓❑ NO Personal/business property, or incentives, provided by seller to buyer are included in the purchase price. Examples of personal property are furniture, farm equipment, machinery, etc. Examples of incentives are club memberships, etc. Attach list if available. If YES, enter the value of the personal/business property: $ Incentives $ C. [—]YES ✓❑ NO A manufactured home is included in the purchase price. If YES, enter the value attributed to the manufactured home: $ [—]YES rl NO The manufactured home is subject to local property tax. If NO, enter decal number: D. YES ❑ NO The property produces rental or other income. If YES, the income is from: © Lease/rent ❑ Contract ❑ Mineral rights ❑ Other: E. The condition of the property at the time of sale was: []Good Average ❑ Fair ❑ Poor Please describe: CERTIFICATION I certify (or declare) that the foregoing and all information hereon, including any accompanying statements or documents, is true and correct to the best of my knowledge and belief. !ME OF B T ANSFEREE OR CORPORATE OFFICER DATE TELEPHONE 4/13/2021 ( 408 ) 777-3220 NAME OF BUYER/TRA FEREE/PERSONAL REPRESENTATIVE/CORPORATE OFFICER (PLEASE PRINT) UiLE CtOr of Administrative EMAIL ADDRESS Kristina Alfaro Services kristinaa@cupertino.org The Assessor's office may contact you for additional information regarding this transaction. III I I III IIII II I I III I IIIII I II III II II I I I II I II IIII II II I III I I I I I I II FirstAmerican Title Insurance Company National Commercial Services . 333 W. Santa Clara Street, Ste. 220 • San Jose, CA 95113-1714 Office Phone.(408)451-7801 Office Fax:(408)451-7836 Buyer's Estimated Settlement Statement File No: NCS-1056912-SC Escrow Officer: Teresa Woest/JB Estimated Settlement Date: 04/16/2021 Disbursement Date: Property: 10455 Torre Avenue, Cupertino, CA 95014 Buyer: City of Cupertino, a California municipal corporation c/o City Clerk, 10300 Torre Avenue, Cupertino, CA 95014 Seller: First American Exchange Company LLC as Qualified Stephen S. Rudd Intermediary for Phillip G. Svalya 14277 Elva Avenue, Saratoga, CA 94070 First American Exchange Company LLC as Qualified The Stephen S. Rudd Charitable Remainder Unitrust 2019 Intermediary for James J. Rodriguez 9603 NE 177th Street, Battle Ground, WA 98604 Description Buyer Charge Buyer Credit Consideration Total Consideration 4,450,000.00 Deposits In Escrow Receipt No. 430576834 on 03/18/2021 by City of Cupertino 100,000.00 Adjustments Security Deposit Michael Ned 675.00 Security Deposit Robert Kam 750.00 Security Deposit Ken Kabir 675.00 Security Deposit TimothD. Widman 1,150.00 Prorations 2020/2021 Paid Annual taxes 04/16/21 to 07/01/21 $33,164.74/ r 6,905.53 April rent Michael Ned 90% of total) 04/16/21 to 05/01/21 @$607.50/mo 303.75 April rent Stephen S. Rudd (90% of total) 04/16/21 to 05/01/21 $1,080.00/mo 540.00 April rent Robert Kam (90% of total) 04/16/21 to 05/01/21 $1,170.00/mo 585.00 April rent Ken Kabir 90% of total 04/16/21 to 05/01/21 $607.50/mo 303.75 April rent James J Rodriguez 90% of total 04/16/21 to 05/01/21 $607.50/mo 303.75 April rent Timothy D. Widman 90% of total 04/16/21 to 05/01/21 $1,170.00/mo 585.00 Janitorial Service 04/01/21 to 04/16/21 @$240.00/mo 120.00 Gardening Service 04/01/21 to 04/16/21 $300.00/mo 150.00 Settlement Statement Page 1 of 2 Print Date: 04/13/2021, 12:58 PM Buyer's Estimated Settlement Statement Settlement Date: File No: NCS-1056912-SC Officer: Teresa Woest/JB Description Buyer Charge Buyer Credit Title/Escrow Charges Wire Transfer Service to First American Title Insurance Company National Commercial Services 45.00 Overnight Delivery Service $15.00 per overnight EST to First American Title Insurance Company National Commercial Services 30.00 Policy -Standard ALTA 2006 Owner's to First American Title Insurance Company National Commercial Services 0.00 Policy -Extended ALTA 2006 Owner's optiional ALTA Survey required or Survey Execpt to First American Title Insurance Company National Commercial Services 1,164.00 _ ......... .... __._._.._.___._._..____-_ _— .. Cash (X From) ( To) Buyer 4,352,003.28 Totals 4,458,144.53 4,458,144.53 Notice — This Estimated Settlement Statement is subject to changes, corrections or additions at the time of final computation of Escrow Settlement Statement. See Attached Signatures Settlement Statement Page 2 of 2 Print Date: 04/13/2021, 12:58 PM Bayer's Estimated Settlement Statement Settlement Date: File No: NCS-1056912-SC Officer: Teresa Woest/JB BUYER(S): City of Cupertino, a California municipal corporation By: f/ l L Name: Deborah Feng Title: City Manager S AM f y 4 •P• First American Title Insurance Company National Commercial Services 333 W. Santa Clara Street, Ste. 220, San Jose, CA 95113-1714 (408)451-7972 - Fax(714)824-5678 SALE CLOSING ESCROW INSTRUCTIONS To: First American Title Insurance Company File No.: NCS-1056912-SC (TW) National Commercial Services 333 W. Santa Clara Street, Ste. 220, San Jose, CA 95113-1714 Escrow Officer: Teresa Woest Today's Date: 04/09/2021 Settlement Date: 04/16/2021 Re: 10455 Torre Avenue, Cupertino, CA 95014 The undersigned hand you funds and documents required to close escrow, and instruct you to do so under the following terms and conditions, upon receipt of all such funds and documents, and when you are in a position to issue a title insurance policy as described below. • Final Approvals: The undersigned parties acknowledge that all conditions precedent have been released, approved and/or waived and Escrow Holder is instructed to proceed to close this escrow. • Vesting: Buyer directs that title to the Property be vested as follows: City of Cupertino, a California municipal corporation • Title Approval: The undersigned acknowledges that the policy of title insurance, as indicated on the attached preliminary report, will be subject to: All General and Special taxes and assessments not delinquent. 2. Exceptions numbered 1,4,5,6,7,8,11,15,16, inclusive, as shown in the preliminary report/title commitment dated April 05, 2021, issued in connection with this escrow, a copy of which has been reviewed by Buyer. All Cash Transaction: This is an "All Cash" transaction and no financing will be secured on the subject property. Deposit of Funds: The parties hereto further acknowledge that the deposit by all parties of the funds and documents necessary to close escrow pursuant to the within escrow instructions shall be deemed Escrow Holder's authorization to close escrow without further instructions. THIS COMPANY CONDUCTS ESCROW BUSINESS UNDER CERTIFICATE OF AUTHORITY ISSUED BY THE STATE OF CALIFORNIA DEPARTMENT OF INSURANCE. Page 1 of 5 First American Title Insurance Company National Commercial File No.: NCS-1056912-SC (TW) Services 333 W. Santa Clara Street, Ste. 220 Date: 04/09/2021 San Jose, CA 95113-1714 Escrow Holder is instructed to complete the above referenced escrow pursuant to instructions in that certain Purchase and Sale Agreement, ("Agreement"), between Buyer and Seller All of which has been handed to Escrow Holder for use herein with the following additions and/or clarifications. Escrow Holder shall only be concerned with those items which are to be complied with through escrow, the remainder of said Agreement being between the parties with which Escrow Holder shall not be concerned and/or liable. General Provisions of First American Title Insurance Company National Commercial Services, are hereby incorporated in said Agreement. To the extent that the Agreement contains any provision inconsistent with or contrary to the provisions of the General Provisions attached hereto, such Agreement shall remain the Agreement of the parties thereto but First American Title Insurance Company National Commercial Services shall be guided by the terms of their General Provisions. Escrow Agent shall have no responsibility for any decision concerning performance of effectiveness of the Purchase Agreement or to resolve any disputes concerning the Purchase Agreement or with regard to the Deposit. Escrow agent shall be responsible only to act in accordance with the joint and mutual direction of both buyer and seller, or in lieu thereof, the direction of a court of competent jurisdiction. Buyer and Seller undertake to hold Escrow Agent harmless from all claims for damages arising out of this Escrow Receipt and do hereby agree to indemnify Escrow Agent for all costs and attorney's fees except for Escrow Agent's failure to account for the funds held hereunder, or acting in conflict with the terms hereof. Good Funds Disclosure: The Parties hereto are hereby notified that pursuant to Chapter 598, California Statutes of the 1989 (AB512; INS CODE SEC 12413.1), effective January 1, 1990, all funds deposited in this escrow must be available for withdrawal from Escrow Holder's trust account prior to the disbursement of said funds through this escrow. Only funds deposited by electronic transfer "WIRED FUNDS" will be immediately available for disbursement upon confirmation of deposit. Funds deposited in the form of Cashier's Check, Teller Check, or Certified Check will be available for disbursement one business day after deposit. Funds deposited in any other form, including personal, corporate, partnership and mortgage or loan broker checks or drafts may cause material delays in the disbursement of funds through this escrow. To avoid delays it is recommended that all funds be deposited by Wire Transfer or Cashier's check. Escrow Holder will not be responsible for accruals of interest or any charges resulting from complying with the disbursement restrictions imposed by State Law. Rental Prorations: Prorate rents as per statement to be handed you by Seller. You are to consider that Seller will collect all rents which fall due prior to close of escrow unless you are handed written instructions to the contrary. No adjustment is to be made on uncollected rents, if any. In addition to the monthly rentals being prorated on the subject property, you are to charge Seller and credit Buyer with any security, cleaning and key deposits shown on the rental statement. [ X ] Taxes have been prorated based on the tax amount for the 2020/2021 tax year and the proration is considered a final settlement. Supplemental Tax Information: The tax assessor has the right to reassess the subject property after close of escrow and issue a supplemental tax bill to the Buyer, who shall be solely responsible for same. In the event the Seller receives a supplemental tax bill for prior tax year(s) before close of escrow, charge Seller's account. Supplemental tax bills for any tax period prior to close of escrow are the sole responsibility of the Seller. If any such supplemental tax bill has been issued for this current tax year, it is the Seller's responsibility to forward said bill to the new Buyer, and the Buyer's responsibility for payment of same. In such event said supplemental bill will be added to the current tax bill and prorated accordingly at close of escrow. TAX BILLS ISSUED AFTER THE CLOSE OF ESCROW SHALL BE HANDLED DIRECTLY BETWEEN BUYER AND SELLER. Page 2 of 5 First American Title Insurance Company National Commercial File No.: NCS-1056912-SC (TW) Services 333 W. Santa Clara Street, Ste. 220 Date: 04/09/2021 San Jose, CA 95113-1714 Grantee will furnish you with a completed Preliminary Change of Ownership Report pursuant to Section 480.3 of the Revenue and Taxation Code which you are instructed to submit with the Grant Deed to the County Recorder. In the event this escrow is otherwise ready to close and Grantee has not provided the above report, you are instructed to close this escrow and collect from the Grantee for the County Recorder an additional $20.00 fee for recordation of the Deed without Preliminary Change of Ownership Report. Grantee is aware that if the above report is not submitted with the Grant Deed, a Change of Ownership Statement must be filed by the Grantee with the County Assessor not later than 45 days after recordation of the Grant Deed and failure to do so will result in additional penalties. Grantee acknowledges that Escrow Holder shall have no responsibility and/or liability for the County Recorder's acceptance or rejection of said Preliminary Change of Ownership Report. The foregoing is approved. Charge the account of the undersigned in the referenced escrow for drawing and recording of said Deed. IRS 1099 Reporting Disclosure: Parties are made aware that Escrow Holder is required by law to report the total "gross" proceeds (total consideration/sales price) on all real estate sales to the IRS at closing. In addition, parties are further made aware that Escrow Holder will also be required by H.R. 638 "Home Sale Tax Fairness Act of 1992" to report to IRS the amount of real estate property taxes apportioned between the parties at close of escrow. Seller is to complete, sign and return the attached certification to Escrow Holder, (all Sellers must sign), and this escrow may not close if this form is not received prior to closing. This is an IRS requirement, and any questions should be directed to the Treasury Department and not Escrow Holder. NOTE: Corporations are automatically exempt from IRS 1099 reporting. Seller Exchange Provision: Seller herein reserves the right to exchange out of the subject property under the provisions of Internal Revenue Code Section 1031, and shall have the right, as expressly reserved herein, to elect a 1031 Tax Deferred Exchange at any time prior to the close of escrow, however, parties agree that this transaction is not predicated or conditioned on an exchange, nor shall the close of escrow be delayed therefore, except by mutual agreement of the parties. If Seller elects to effect a 1031 Tax Deferred Exchange, Buyer agrees to execute additional instructions, documents, agreements or instruments required therefore, provided however, that buyer shall incur no additional costs or expenses as a result of, or in connection with, the exchange. TAXPAYER has been advised to seek legal counsel from a tax attorney or public accountant regarding any tax implications or tax liability that may be involved as a result of the consummation of this transaction as a tax deferred exchange, and signatures hereon shall constitute that TAXPAYER has satisfied this requirement. In that regard, TAXPAYER hereby indemnifies and holds harmless the ACCOMMODATOR, BUYER, First American Title Insurance Company National Commercial Services, AND ANY BROKER-AGENT(S) involved in this transaction from any and all liability that may occur as a result of the completion of this transaction as a tax deferred exchange. Inasmuch as, for the purposes of the exchange escrow, Escrow Holder is instructed to use "Direct Deeding" instead of "Sequential Deeding". You are handed herewith a Grant Deed conveying subject property described under your above numbered escrow, from ASSIGNOR directly to your ultimate Buyer. COVID 19 Disclosure by Escrow Holder and Title Insurer: The undersigned acknowledges that neither First American nor its title agents can provide any estimate regarding the date of when the recordation of documents will be available in the Public Records. It is a requirement of First American Title Company that our form of GAP Indemnity be submitted as a condition of this closing. Page 3 of 5 First American Title Insurance Company National Commercial File No.: NCS-1056912-SC (TW) Services 333 W. Santa Clara Street, Ste. 220 Date: 04/09/2021 San Jose, CA 95113-1714 • Estimated Closing Statement: Upon close of this escrow, Escrow Holder is instructed to disburse in accordance with the attached "Estimated Closing Statement" without further instructions from the parties hereto. • Prorations: All prorations for the Property are to be handled in escrow as reflected on the "Estimated Closing Statement". The parties understand and agree that (1) Escrow Holder will not prorate municipal utilities, and (2) the transfer of the utilities must be handled by the parties outside of escrow. Proceeds: Seller directs that the proceeds check be: [ ] Held for pick up at this office [ [ ] Mailed to the address below [ [ ] Sent via wire transfer (Additional $15.00 charge) [ Attach Wire Instructions (Note: Receiving banks [ may impose a charge for the receipt of any wire _ transfers.) ] Delivered to Seller's Agent ] Sent via certified mail ] Sent via next day mail (Additional $15.00 charge) ] Other: Funds Held Fee: In the event that funds remain in escrow for any reason more than 90 days after the close of escrow, or if escrow has not closed 90 days after the estimated closing date set forth in these instructions ("Dormancy Period"), Escrow Holder will make reasonable efforts to notify the parties regarding same. If funds remain in escrow beyond the Dormancy Period, a monthly "funds held fee" of $25.00 shall accrue for each month or fraction of a month thereafter that the funds, or any portion thereof, remain in escrow. Escrow Holder is instructed to deduct the monthly funds held fee directly from the funds held in escrow on a monthly or other periodic basis (i.e. quarterly, semi-annually, etc.). The parties agree to pay these sums to compensate Escrow Holder for administering, monitoring, accounting, reminders and other notifications and processing of the funds so held in accordance with this provision. • Document/Funds Delivery: After close of escrow, all documents, funds and statements are to be sent to the undersigned at the addresses indicated below. • General Provisions: The General Provisions are fully incorporated herein by reference, having been read and approved by the undersigned. Page 4 of 5 First American Title Insurance Company National Commercial Services 333 W. Santa Clara Street, Ste. 220 San Jose, CA 95113-1714 SELLER(S): Phillip G. Svalya James J. Rodriguez Address: 14277 Elva Avenue, Saratoga, CA 94070 Home Phone: BUYER(S): City of Cupertino, a California municipal corporation By: l '/ Name: Deborah Feng Title: City Manager Stephen S. Rudd File No.: NCS-1056912-SC (TW) Date: 04/09/2021 The Stephen S. Rudd Charitable Remainder Unitrust 2019 Claremont McKenna College, Trustee Business Phone: Address: c/o City Clerk, 10300 Torre Avenue, Cupertino, CA 95014 Home Phone: Business Phone: Page 5 of 5 First American Title Insurance Company National Commercial Services 333 W. Santa Clara Street, Ste. 220 San Jose, CA 95113-1714 SELLER(S): Phillip G. Ilya 2 �- Jambs J.�R drguez Address: 14277 Elva Avenue, Saratoga, CA 94070 Home Phone: BUYER(S): City of Cupertino, a California municipal corporation By: Name: Deborah Feng Title: City Manager Stephen S. Rudd File No.: NCS-1056912-SC (TW) Date: 04/09/2021 The Stephen S. Rudd Charitable Remainder Unitrust 2019 Erin Watkins, Associate Vice President for Finance and Acting Treasurer for Claremont McKenna College, Trustee Business Phone: Address: c/o City Clerk, 10300 Torre Avenue, Cupertino, CA 95014 Home Phone: Business Phone: Page 5 of 5 First American Title Insurance Company National Commercial Services 333 W. Santa Clara Street, Ste. 220 San Jose, CA 95113-1714 SELLER(S): Phillip G. Svalya James J. Rodriguez Address: 14277 Elva Avenue, Saratoga, CA 94070 Home Phone: BUYER(S): City of Cupertino, a California municipal corporation By: Name: Deborah Feng Title: City Manager Stephen S. Rudd File No.: NCS-1056912-SC (TW) Date:04/09/2021 The Stephen S. Rudd Charitable Remainder Unitrust 2019 'stG ett -�- Erin Watkins, Associate Vice President for Finance and Acting Treasurer for Claremont McKenna College, Trustee Business Phone: Address: c/o City Clerk, 10300 Torre Avenue, Cupertino, CA 95014 Home Phone: Business Phone: Page 5 of 5 First American Title Insurance Company National Commercial Services 333 W. Santa Clara Street, Ste. 220 San Jose, CA 95113-1714 SELLER(S)- Phillip G. Svalya James J. Rodriguez Address: 14277 Elva Avenue, Saratoga, CA 94070 Home Phone: BUYER(S): City of Cupertino, a California municipal corporation E Name: Deborah Feng Title: City Manager Stephen S. Rudd File No.: NCS-1056912-SC (TW) Date: 04/09/2021 The Stephen S. Rudd Charitable Remainder Unitrust 2019 Erin Watkins, Associate Vice President for Finance and Acting Treasurer for Claremont McKenna College, Trustee Business Phone: Address: c/o City Clerk, 10300 Torre Avenue, Cupertino, CA 95014 Home Phone: Business Phone: Page 5 of 5 First American Title Insurance Company National Commercial Services 333 W. Santa Clara Street, Ste. 220 San Jose, CA 95113-1714 SELLER(S): Phillip G. Svalya James J. Rodriguez Address: , Home Phone: BUYER(S): City of Cupertino By: Name: Darcy Paul Title: Mayor of the City of Cupertino �v rStephen " Rudd File No.: NCS-1056912-SC (TW) Date: 04/09/2021 The Stephen S. Rudd Charitable Remainder Unitrust 2019 Claremont McKenna College, Trustee Business Phone: Address: c/o City Clerk, 10300 Torre Avenue, Cupertino, CA 95014 Home Phone: Business Phone: Page 5 of 5 Escrow General Provisions -REVISED JULY 22, 2014 Receipt of these provisions deems acceptance of the terms. Please read for general information about the escrow process. 1. SPECIAL DISCLOSURES: A. DEPOSIT OF FUNDS & DISBURSEMENTS Unless directed in writing to establish a separate, interest -bearing account together with all necessary taxpayer reporting information, all funds shall be deposited in general escrow accounts in a federally insured financial institution including those affiliated with Escrow Holder ("depositories"). All disbursements shall be made by Escrow Holder's check or by wire transfer unless otherwise instructed in writing. The Good Funds Law (California Insurance Code 12413.1) mandates that Escrow Holder may not disburse funds until the funds are, in fact, available in Escrow Holder's account. Wire transfers are immediately disbursable upon confirmation of receipt. Funds deposited by a cashier's or certified check are generally available on the next banking day following deposit. Funds deposited by a personal check and other types of instruments may not be available until confirmation from Escrow Holder's bank which can vary from 2 to 10 days. B. DISCLOSURE OF POSSIBLE BENEFITS TO ESCROW HOLDER As a result of Escrow Holder maintaining its general escrow accounts with the depositories, Escrow Holder may receive certain financial benefits such as an array of bank services, accommodations, loans or other business transactions from the depositories ("collateral benefits'. All collateral benefits shall accrue to the sole benefit of Escrow Holder and Escrow Holder shall have no obligation to account to the parties to this escrow for the value of any such collateral benefits. C. MISCELLANEOUS FEES Escrow Holder may incur certain additional costs on behalf of the parties for services performed, or fees charged, by third parties. The fees charged by Escrow Holder for services including, but not limited to, wire transfers, overnight delivery/courier services, etc. may include a mark up over the direct cost of such services to reflect the averaging of direct, administrative and overhead charges of Escrow Holder for such services which shall, in no event, exceed $10 for each markup. D. METHOD TO DELIVER PAYOFF TO LENDERS/LIEN HOLDERS To minimize the amount of interest due on any existing loan or lien, Escrow Holder will deliver the payoff funds to the lender/lienholder as soon as Escrow Holder is able after confirmation of recordation/close of escrow and as demanded by the lender/lienholder using (a) personal delivery, (b) wire transfer, or (c) overnight delivery service, unless otherwise directed in writing by the affected party. Certain payments such as home equity line of credit payoffs ("HELOCS") may require additional time to process. 2. "CLOSE OF ESCROW"/PRORATIONS & ADJUSTMENTS The term "close of escrow" means the date on which documents are recorded. All prorations and/or adjustments shall be made to the close of escrow based on the number of actual days, unless otherwise instructed in writing. 3. CONTINGENCY PERIODS Escrow Holder shall not be responsible for monitoring contingency time periods between the parties. The parties shall execute such documents as may be requested by Escrow Holder to confirm the status of any such periods. 4. REPORTS a. Preliminary Report -Escrow Holder has neither responsibility nor liability for any title search that may be performed in connection with the issuance of a preliminary report. b. Other Reports -As an accommodation, Escrow Holder may agree to transmit orders for inspection, termite, disclosure and other reports if requested, in writing or orally, by the parties or their agents. Escrow Holder shall deliver copies of any such reports as directed. Escrow Holder is not responsible for reviewing such reports or advising the parties of the content of same. 5. INFORMATION FROM AFFILIATED COMPANIES Escrow Holder may provide the parties' information to and from its affiliates in connection with the offering of products and services from these affiliates. THIS COMPANY CONDUCTS ESCROW BUSINESS UNDER CERTIFICATE OF AUTHORITY ISSUED BY THE STATE OF CALIFORNIA DEPARTMENT OF INSURANCE. © 2014 First American Title Insurance Company and/or its affiliates. Page 1 of 4 All rights reserved. V NYSE: FAF 6. RECORDATION OF DOCUMENTS Escrow Holder is authorized to record documents delivered through escrow which are necessary or proper for the issuance of the requested title insurance policy(ies). Buyer will provide a completed Preliminary Change of Ownership Report form ("PCOR"). If Buyer fails to provide the PCOR, Escrow Holder shall close escrow and charge Buyer any additional fee incurred for recording the documents without the PCOR. Escrow Holder is released from any liability in connection with same. 7. PERSONAL PROPERTY TAXES No examination, UCC search, insurance as to personal property and/or the payment of personal property taxes is required unless otherwise instructed in writing. 8. REAL PROPERTY TAXES Real property taxes are prorated based on the most current available tax statement from the tax collector's office. Supplemental taxes may be assessed as a result of a change in ownership or completion of construction. Adjustments due either party based on the actual new tax bill issued after close of escrow or a supplemental tax bill will be made by the parties outside of escrow and Escrow Holder is released of any liability in connection with such adjustments. The first installment of California real property taxes is due November 1st (delinquent December 10th) and the second installment is due February 1st (delinquent April 10th). If a tax bill is not received from the County at least 30 days prior to the due date, buyer should contact the County Tax Collector's office and request one. Escrow Holder is not responsible for same. 9. CANCELLATION OF ESCROW a. Any party desiring to cancel this escrow shall deliver written notice of cancellation to Escrow Holder. Within a reasonable time after receipt of such notice, Escrow Holder shall send by regular mail to the address on the escrow instructions, one copy of said notice to the other party(ies). Unless written objection to cancellation is delivered to Escrow Holder by a party within 10 days after date of mailing, Escrow Holder is authorized, at its option, to comply with the notice and terminate the escrow. If a written objection is received by Escrow Holder, Escrow Holder is authorized, at its option, to hold all funds and documents in escrow (subject to the Funds Held in Escrow fee) and to take no other action until otherwise directed by either the parties' mutual written instructions or a final order of a court of competent jurisdiction. If no action is taken on this escrow within 6 months after the closing date specified in the escrow instructions, Escrow Holder's obligations shall, at its option, terminate. Upon termination of this escrow, the parties shall pay all fees, charges and reimbursements due to Escrow Holder and all documents and remaining funds held in escrow shall be returned to the parties depositing same. b. Notwithstanding the foregoing, upon receipt of notice of cancellation by a seller in a transaction subject to the Home Equity Sales Contract law (CC §1695 et seq.), Escrow Holder shall have the right to unilaterally cancel the escrow and may return all documents and funds without consent by or notice to the buyer. 10. CONFLICTING INSTRUCTIONS & DISPUTES If Escrow Holder becomes aware of any conflicting demands or claims concerning this escrow, Escrow Holder shall have the right to discontinue all further acts on Escrow Holder's part until the conflict is resolved to Escrow Holder's satisfaction. Escrow Holder has the right at its option to file an action in interpleader requiring the parties to litigate their claims/rights. If such an action is filed, the parties jointly and severally agree (a) to pay Escrow Holder's cancellation charges, costs (including the Funds Held in Escrow fee) and reasonable attorneys' fees, and (b) that Escrow Holder is fully released and discharged from all further obligations under the escrow. If an action is brought involving this escrow and/or Escrow Holder, the party(ies) involved in the action agree to indemnify and hold the Escrow Holder harmless against liabilities, damages and costs incurred by Escrow Holder (including reasonable attorneys' fees and costs) except to the extent that such liabilities, damages and costs were caused by the negligence or willful misconduct of Escrow Holder. 11. FUNDS HELD IN ESCROW When funds remain in escrow over 90 days after either close of escrow or estimated close of escrow, a monthly holding fee of $25 shall be imposed by Escrow Holder that is to be charged against the funds held. 12. USURY Escrow Holder is not to be concerned with usury as to any loans or encumbrances in this escrow and is hereby released of any responsibility and/or liability therefore. THIS COMPANY CONDUCTS ESCROW BUSINESS UNDER CERTIFICATE OF AUTHORITY ISSUED BY THE STATE OF CALIFORNIA DEPARTMENT OF INSURANCE. © 2014 First American Title Insurance Company and/or its affiliates. Page 2 of 4 All rights reserved. V NYSE: FAF 13. AMENDMENTS TO ESCROW INSTRUCTIONS Any amendment to the escrow instructions must be in writing, executed by all parties and accepted by Escrow Holder Escrow Holder may, at its sole option, elect to accept and act upon oral instructions from the parties. If requested by Escrow Holder the parties agree to confirm said instructions in writing as soon as practicable. The escrow instructions as amended shall constitute the entire escrow agreement between the Escrow Holder and the parties hereto with respect to the subject matter of the escrow. 14. FIRE, HAZARD OR LIABILITY INSURANCE POLICIES In all matters relating to fire, hazard or liability insurance, Escrow Holder may assume that each policy is in force and that the necessary premium has been paid. Escrow Holder is not responsible for obtaining fire, hazard or liability insurance, unless Escrow Holder has received specific written instructions to obtain such insurance prior to close of escrow from the parties or their respective lenders. 15. COPIES OF DOCUMENTS; ELECTRONIC SIGNATURES; AUTHORIZATION TO RELEASE Escrow Holder is authorized to rely upon copies of documents, which include facsimile, electronic, NCR, or photocopies as if they were an originally executed document. Escrow Holder may agree to accept electronically signed documents from a platform or program approved by Escrow Holder. If requested by Escrow Holder, the originals of such documents and/or original signatures shall be delivered to Escrow Holder. Escrow Holder may withhold documents and/or funds due to the party until such originals are delivered. Documents to be recorded MUST contain original signatures. Escrow Holder may furnish copies of any and all documents to the lender(s), real estate broker(s), attorney(s) and/or accountant(s) involved in this transaction upon their request. Delivery of documents by escrow to a real estate broker or agent who is so designated in the purchase agreement shall be deemed delivery to the principal. 16. EXECUTION IN COUNTERPART The escrow instructions and any amendments may be executed in one or more counterparts, each of which shall be deemed an original, and all of which taken together shall constitute the same instruction. 17. TAX REPORTING, WITHHOLDING & DISCLOSURE The parties are advised to seek independent advice concerning the tax consequences of this transaction, including but not limited to, their withholding, reporting and disclosure obligations. Escrow Holder does not provide tax or legal advice and the parties agree to hold Escrow Holder harmless from any loss or damage that the parties may incur as a result of their failure to comply with federal and/or state tax laws. WITHHOLDING OBLIGATIONSARE THEEXCLUSIVE OBLIGATIONS OF THE PARTIES. ESCROW HOLDER IS NOT RESPONSIBLE TO PERFORM THESE OBLIGATIONS UNLESS ESCROW HOLDER AGREES IN WRITING. A. TAXPAYER IDENTIFICATION NUMBER REPORTING Federal law requires Escrow Holder to report seller's social security number or tax identification number (both numbers are hereafter referred to as the "TIN"), forwarding address, and the gross sales price to the Internal Revenue Service ("IRS'). To comply with the USA PATRIOT Act, certain taxpayer identification information (including, but not limited to, the TIN) may be required by Escrow Holder from certain persons or entities involved (directly or indirectly) in the transaction prior to closing. Escrow cannot be closed nor any documents recorded until the information is provided and certified as to its accuracy to Escrow Holder. The parties agree to promptly obtain and provide such information as requested by Escrow Holder. B. STATE WITHHOLDING & REPORTING In accordance with Section 18662 of the Revenue and Taxation Code (R&TC), a buyer may be required to withhold an amount equal to 3 1/3% (.0333) of the sale price, or an optional gain on sale withholding amount certified by the seller in the case of a disposition of California real property interest by either: 1. A seller who is an individual, trust, estate, or when the disbursement instructions authorize the proceeds to be sent to a financial intermediary of the sellers. 2. A corporate seller that has no permanent place of business in California immediately after the transfer of title to the California property. THIS COMPANY CONDUCTS ESCROW BUSINESS UNDER CERTIFICATE OF AUTHORITY ISSUED BY THE STATE OF CALIFORNIA DEPARTMENT OF INSURANCE. © 2014 First American Title Insurance Company and/or its affiliates. Page 3 of 4 All rights reserved. ♦ NYSE: FAF The buyer may become subject to penalty for failure to withhold an amount equal to the greater of 10 percent of the amount required to be withheld or five hundred dollars ($500). However, notwithstanding any other provision included in the California statutes referenced above, no buyer will be required to withhold any amount or be subject to penalty for failure to withhold if any of the following applies: 1. The sale price of the California real property conveyed does not exceed one hundred thousand dollars ($100,000). 2. The seller executes a written certificate under the penalty of perjury certifying that the seller is a corporation with a permanent place of business in California. 3. The seller, who is an individual, trust, estate, or a corporation without a permanent place of business in California, executes a written certificate under the penalty of perjury of any of the following: a. The California real property being conveyed is the seller's or decedent's principal residence (within the meaning of Section 121 of the Internal Revenue Code (IRC)). b. The last use of the property being conveyed was by the transferor as the transferor's principal residence (within the meaning of IRC Section 121). c. The California real property being conveyed is, or will be, exchanged for property of like kind (within the meaning of IRC Section 1031), but only to the extent of the amount of gain not required to be recognized for California income tax purposes under IRC Section 1031. d. The California real property has been compulsorily or involuntarily converted (within the meaning of IRC Section 1033) and the seller intends to acquire property similar or related in service or use so as to be eligible for nonrecognition of gain for California income tax purposes under IRC Section 1033. e. The California real property transaction will result in a loss or net gain not required to be recognized for California income tax purposes. The seller is subject to penalty for knowingly filing a fraudulent certificate for the purpose of avoiding the withholding requirement. Contact FTB: For additional information regarding California withholding or for the Alternative Withholding, contact the Franchise Tax Board at (toll free) 888-792-4900), by e-mail WSCS.GEN@ftb.ca.gov; or visit their website at www.ftb.ca.gov. C. FEDERAL WITHHOLDING & REPORTING Certain federal reporting and withholding requirements exist for real estate transactions where the seller (transferor) is a non-resident alien, a non -domestic corporation, partnership, or limited liability company; or a domestic corporation, partnership or limited liability company controlled by non-residents; or non-resident corporations, partnerships or limited liability companies. D. TAXPAYER IDENTIFICATION DISCLOSURE Federal and state laws require that certain forms include a parry's TIN and that such forms or copies of the forms be provided to the other party and to the applicable governmental authorities. Parties to a real estate transaction involving seller -provided financing are required to furnish, disclose, and include the other parry's TIN in their tax returns. Escrow Holder is authorized to release a parry's TINS and copies of statutory forms to the other party and to the applicable governmental authorities in the foregoing circumstances. The parties agree to hold Escrow Holder harmless against any fees, costs, or judgments incurred and/or awarded because of the release of their TIN as authorized herein. THIS COMPANY CONDUCTS ESCROW BUSINESS UNDER CERTIFICATE OF AUTHORITY ISSUED BY THE STATE OF CALIFORNIA DEPARTMENT OF INSURANCE. © 2014 First American Title Insurance Company and/or its affiliates. Page 4 of 4 All rights reserved. V NYSE: FAF FANHD Commercial Resale Property Disclosure Reports Disclosure Report Signature Page Finr.4neresn N.t.."`"°`d°'_` ...n;' For SANTA CLARA County Property Address: 10455 TORRE AVE APN: 369-40-009 CUPERTINO, SANTA CLARA COUNTY, CA 95014 Report Date: 03/18/2021 ("Property") Report Number: 2822548 Natural Hazard Disclosure ("NHD") Statement and Acknowledgment of Receipt DISCLAIMER: This NHD Summary (a) is not valid unless delivered with the complete FANHD Disclosure Report which transferee must read and acknowledge before close of escrow, and (b) is subject to the Terms and Conditions contained in that complete Disclosure Report The transferor and his or her agent(s) or a third -party consultant disclose the following information with the knowledge that even though this is not a warranty, prospective transferees may rely on this information in deciding whether and on what terms to purchase the Property. Transferor hereby authorizes any agent(s) representing any principal(s) in this action to provide a copy of this statement to any person or entity in connection with any actual or anticipated sale of the Property. The following are representations made by the transferor and his or her agent(s) or a third -party consultant based on their knowledge and maps drawn by the State. This information is a disclosure and is not intended to be part of any contract between the transferee and the transferor. THIS REAL PROPERTY LIES WITHIN THE FOLLOWING HAZARDOUS AREA(S): A SPECIAL FLOOD HAZARD AREA (Any type Zone "A" or "V") designated by the Federal Emergency Management Agency Yes_ No X Do not know and information not available from local jurisdiction AN AREA OF POTENTIAL FLOODING shown on a dam failure inundation map pursuant to Section 8589.5 of the Government Code. Yes_ No X Do not know and information not available from local jurisdiction_ A VERY HIGH FIRE HAZARD SEVERITY ZONE pursuant to Section 51178 or 51179 of the Government Code. The owner of this Property is subject to the maintenance requirements of Section 51182 of the Government Code. Yes_ No X A WILDLAND AREA THAT MAY CONTAIN SUBSTANTIAL FOREST FIRE RISK AND HAZARDS pursuant to Section 4125 of the Public Resources Code. The owner of this Property is subject to the maintenance requirements of Section 4291 of the Public Resources Code. Additionally, it is not the state's responsibility to provide fire protection services to any building or structure located within the wildlands unless the Department of Forestry and Fire Protection has entered into a cooperative agreement with a local agency for those purposes pursuant to Section 4142 of the Public Resources Code. Yes No X AN EARTHQUAKE FAULT ZONE pursuant to Section 2622 of the Public Resources Code. Yes No X A SEISMIC HAZARD ZONE pursuant to Section 2696 of the Public Resources Code. Yes (Landslide Zone)_ Yes (Liquefaction Zone)_ No X Map not yet released by state_ THESE HAZARDS MAY LIMIT YOUR ABILITY TO DEVELOP THE REAL PROPERTY, TO OBTAIN INSURANCE, OR TO RECEIVE ASSISTANCE AFTER A DISASTER. THE MAPS ON WHICH THESE DISCLOSURES ARE BASED ESTIMATE WHERE NATURAL HAZARDS EXIST. THEY ARE NOT DEFINITIVE INDICATORS OF WHETHER OR NOT A PROPERTY WILL BE AFFECTED BY A NATURAL DISASTER. TRANSFEREE(S) AND TRANSFEROR(S) MAY WISH TO OBTAIN PROFESSIONAL ADVICE REGARDING THOSE HAZARDS AND OTHER HAZARDS THAT MAY AFFECT THE PROPERTY. Signature of Transferor(s) Date Signature of Transferor(s) Date Signature of Agent Date Signature of Agent Date Transferor(s) and their agent(s) represent that the information herein is true and correct to the best of their knowledge as of the date signed by the transferor(s) and agent(s). �X Transferor(s) and their agent(s) acknowledge that they have exercised good faith in the selection of a third -party report provider as required in Civil Code Section 1103.7, and that the representations made in this Natural Hazard Disclosure Statement are based upon information provided by the independent third -party disclosure provider as a substituted disclosure pursuant to Civil Code Section 1103.4. Neither transferor(s) nor their agent(s) (1) has independently verified the information contained in this statement and Report or (2) is personally aware of any errors or inaccuracies in the information contained on the statement. This statement was prepared by the provider below: Third -Party Disclosure Provider(s) FIRST AMERICAN PROFESSIONAL REAL ESTATE SERVICES INC. OPERATING THROUGH ITS FANHD DIVISION. Date 18 March 2021 Transferee re"esents he or she has read and understands this document. Pursuant to Civil Code Section 1103.8, the representations in this Natural Hazard constitute all of the transferor's or agent's disclosure obligations in this transaction. 4-1 ature of ransferee(s) Date Signature of Transferee(s) Date TRANSFEREES) REPRESENTS ABOVE HE/SHE HAS RECEIVED, READ AND UNDERSTANDS THE COMPLETE FANHD DISCLOSURE REPORT DELIVERED WITH THIS SUMMARY: A. Commercial Natural Hazard Disclosure Report . B. Additional Property -specific Statutory Disclosures: Former Military Ordnance Site, Airport Influence Area, Airport Noise, San Francisco Bay Conservation and Development District Jurisdiction (in S.F. Bay counties only). C. Additional County and City Regulatory Determinations as applicable: Airports, Avalanche, Blow Sand, Coastal Zone, Dam/Levee Failure Inundation, Debris Flow, Erosion, Flood, Fault Zone, Fire, Groundwater, Landslide, Liquefaction, Methane Gas, Mines, Naturally Occurring Asbestos, Redevelopment Area, Right to Farm, Runoff Area, Seiche, Seismic Shaking, Seismic Ground Failure, Slope Stability, Soil Stability, Subsidence, TRPA, Tsunami. D. General advisories: Methamphetamine Contamination, Mold, Radon, Endangered Species Act, Abandoned Mines, Oil & Gas Wells, Tsunami Maps (coastal only), Non-residential Building Energy Use, Wood-buming fireplaces. E. Government Guides in Combined Booklet with Report. Refer to Booklet: Commercial Property Owner's Guide to Earthquake Safety. Government Guides are also available on the Company's "Electronic Bookshelf' at hftp:/Avww.disclosures.com/. ©2021 - First American Professional Real Estate Services, Inc. - 200 Commerce. Suite 100, Irvine, CA 92602 Phone: (800) 527-0027 Fax: (800) 854-9625