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HomeMy WebLinkAboutA7161 - C HAROLD KEASLE TRUST & JAMES EDWARD MURPHY TRUSTDocuSign Envelope ID: 0136B4B4-19AC-40CA-BB17-08A63F8F8527 4 ti& C A L I F O R N I A. COMMERCIAL PROPERTY PURCHASE AGREEMENT 4 ASSOCIATION AND JOINT ESCROW INSTRUCTIONS +� OF REALTC)RS`"� (NON-RESIDENTIAL) (C.A.R. Form CPA, Revised 12115) Date Prepared: 0512812018 1. OFFER: A. THIS IS AN OFFER FROM C. Harold Keasler Trust & James Edward Murjphy Trust ("Buyer"). ❑ Individual(s), ❑ A Corporation,-DA Partnership, An LLC, LIAn LLP, orLj Other TRUST B. THE REAL PROPERTY to be acquired is 342 N Palm Canyon Dr situated in Palm Springs (City), Riverside _(County), California, 92262-5642(Zip Code), Assessor's Parcel No. 513-081-017("Property"). C. THE PURCHASE PRICE offered is Five Hundred Thousand Dollars $ 500,000.00 D. CLOSE OF ESCROW shall occur on L (date) (or © 45 Days After Acceptance). E. Buyer and Seller are referred to herein as the "Parties." Brokers are not Parties to this Agreement. 2. AGENCY: A. DISCLOSURE: The Parties each acknowledge receipt of a ©"Disclosure Regarding Real Estate Agency Relationships" (C.A.R. Form AD) B. CONFIRMATION: The following agency relationships are hereby confirmed for this transaction: Listing Agent SVN RICHINVESTMENT REAL ESTATE PARTNERAS (Print Firm Name) is the agent of (check one): []the Seller exclusively; or L both the Buyer and Seller. Selling Agent SVN RICHIN VES TMEN T REAL ESTATE PARTNERAS (Print Firm Name) (if not the same as the Listing Agent) is the agent of (check one): U the Buyer exclusively; or LJ the Seller exclusively; or © both the Buyer and Seller. C. POTENTIALLY COMPETING BUYERS AND SELLERS: The Parties each acknowledge receipt of a © "Possible Representation of More than One Buyer or Seller - Disclosure and Consent" (C.A.R. Form PRBS). 3. FINANCE TERMS: Buyer represents that funds will be good when deposited with Escrow Holder. A. INITIAL DEPOSIT: Deposit shall be in the amount of ........................................ $ 25,000.00 (1) Buyer Direct Deposit: Buyer shall deliver deposit directly to Escrow Holder by electronic funds transfer, ❑ cashier's check, ❑ personal check, ❑ other N/A within 3 business days after Acceptance (or N/A ), OR (2)❑ Buyer Deposit with Agent: Buyer has given the deposit by personal check (or N/A } to the agent submitting the offer (or to N/A ), made payable to N/A . The deposit shall be held uncashed until Acceptance and then deposited with Escrow Holder within 3 business days after Acceptance (or N/A ). Deposit checks given to agent shall be an original signed check and not a copy. (Note: Initial and increased deposit checks received by agent shall be recorded in Broker's trust fund log.) B. INCREASED DEPOSIT: Buyer shall deposit with Escrow Holder an increased deposit in the amount of... $ _ within N/A Days After Acceptance (or N/A ). If the Parties agree to liquidated damages in this Agreement, they also agree to incorporate the increased deposit into the liquidated damages amount in a separate liquidated damages clause (C.A.R. Form RID) at the time the increased deposit is delivered to Escrow Holder. C. © ALL CASH OFFER: No loan is needed to purchase the Property. This offer is NOT contingent on Buyer obtaining a loan. Written verification of sufficient funds to close this transaction IS ATTACHED to this offer or ❑ Buyer shall, within 3 (or N/A ) Days After Acceptance, Deliver to Seller such verification. D. LOAN(S): (1) FIRST LOAN: in the amount of ....................................................... $ This loan will be conventional financing or ❑ Seller financing (C.A.R. Form SFA), ❑ assumed financing (C.A.R. Form AFA), ❑ subject to financing, Other . This loan shall be at a fixed rate not to exceed % or, an adjustable rate loan with initial rate not to exceed %. Regardless of the type of loan, Buyer shall pay points not to exceed % of the loan amount. (2) ❑ SECOND LOAN in the amount of ................................................... $ This loan will be conventional financing or ❑ Seller financing (C.A.R. Form SFA), ❑ assumed financing (C.A.R. Form AFA), ❑ subject to financing, ❑ Other . This loan shall be at a fixed rate not to exceed % or, ❑ an adjustable rate loan with initial rate not to exceed %. Regardless of the type of loan, Buyer shall pay points not to exceed % of the loan amount. E. ADDITIONAL FINANCING TERMS: N/A F. BALANCE OF DOWN PAYMENT OR PURCHASE PRICE in the amount of ...................... $ 475 000.00 to be deposited with Escrow Holder pursuant to Escrow Holder instructions. G. PURCHASE PRICE (TOTAL): ....................................... ................ .. $ 500 000.00 H. VERIFICATION OF DOWN PAYMENT AND CLOSING COSTS: Buyer (or Buyer's lender or loan broker pursuant to paragraph 3J(1)) shall, within 3 (or ) Days After Acceptance, Deliver to Seller written verification of Buyer's down payment and closing costs. (❑ Veri �gjg1phed.) rV� Buyer's Initials (� _) ( ) Seller's Initials ( ) ( ) ® 2015, California Association of REALTORS®, Inc. CPA REVISED 12115 (PAGE 1 OF 11) _ COMMERCIAL PROPERTY PURCHASE AGREEMENT (CPA PAGE 1 OF 11) Spohn Commercial, Inc, 3435 Wilshire Blvd Ste 2700 Los Angeles CA 90010 Phone: 323.936.0944 Fax 760328.0907 Keasler2 Mark Spohn Produced with zipFonn® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zioLooix.com DocuSign Envelope ID: 0136B4B4-19AC-40CA-BB17-08A63F8F8527 Property Address: 342 N Palm Canyon Dr, Palm Springs, CA 92262-5642 Date: May 28, 2098 I. APPRAISAL CONTINGENCY AND REMOVAL: This Agreement is (or ❑ is NOT) contingent upon a written appraisal of the Property by a licensed or certified appraiser at no less than the purchase price. Buyer shall, as specified in paragraph 18B(3), in writing, remove the appraisal contingency or cancel this Agreement within 17 (or NIA ) Days After Acceptance. J. LOAN TERMS: (1) LOAN APPLICATIONS: Within 3 (or_) Days After Acceptance, Buyer shall Deliver to Seller a letter from Buyer's lender or loan broker stating that, based on a review of Buyer's written application and credit report, Buyer is prequalified or preapproved for any NEW loan specified in paragraph 3D. If any loan specified in paragraph 3D is an adjustable rate loan, the prequalification or preapproval letter shall be based on the qualifying rate, not the initial loan rate. (❑ Letter attached.) (2) LOAN CONTINGENCY: Buyer shall act diligently and in good faith to obtain the designated loan(s). Buyer's qualification for the loan(s) specified above is a contingency of this Agreement unless otherwise agreed in writing. If there is no appraisal contingency or the appraisal contingency has been waived or removed, then failure of the Property to appraise at the purchase price does not entitle Buyer to exercise the cancellation right pursuant to the loan contingency if Buyer is otherwise qualified for the specified loan. Buyer's contractual obligations regarding deposit, balance of down payment and closing costs are not contingencies of this Agreement. (3) LOAN CONTINGENCY REMOVAL: Within 21 (or ) Days After Acceptance, Buyer shall, as specified in paragraph 18, in writing, remove the loan contingency or cancel this Agreement. If there is an appraisal contingency, removal of the loan contingency shall not be deemed removal of the appraisal contingency. (4) ❑ NO LOAN CONTINGENCY: Obtaining any loan specified above is NOT a contingency of this Agreement. If Buyer does not obtain the loan and as a result Buyer does not purchase the Property, Seller may be entitled to Buyer's deposit or other legal remedies. (5) LENDER LIMITS ON BUYER CREDITS: Any credit to Buyer, from any source, for closing or other costs that is agreed to by the Parties ("Contractual Credit") shall be disclosed to Buyer's lender. If the total credit allowed by Buyer's lender ("Lender Allowable Credit") is less than the Contractual Credit, then (i) the Contractual Credit shall be reduced to the Lender Allowable Credit, and (ii) in the absence of a separate written agreement between the Parties, there shall be no automatic adjustment to the purchase price to make up for the difference between the Contractual Credit and the Lender Allowable Credit. K. BUYER STATED FINANCING: Seller is relying on Buyer's representation of the type of financing specified (including but not limited to, as applicable, all cash, amount of down payment, or contingent or non -contingent loan). Seller has agreed to a specific closing date, purchase price and to sell to Buyer in reliance on Buyer's covenant concerning financing. Buyer shall pursue the financing specified in this Agreement. Seller has no obligation to cooperate with Buyer's efforts to obtain any financing other than that specified in the Agreement and the availability of any such alternate financing does not excuse Buyer from the obligation to purchase the Property and close escrow as specified in this Agreement. 4. SALE OF BUYER'S PROPERTY: A. This Agreement and Buyer's ability to obtain financing are NOT contingent upon the sale of any property owned by Buyer. OR B. ❑ This Agreement and Buyer's ability to obtain financing are contingent upon the sale of property owned by Buyer as specified in the attached addendum (C.A.R. Form COP). 5. ADDENDA AND ADVISORIES: A. ADDENDA: ^Addendum # NIA (C.A.R. Form ADM) Back Up Offer Addendum (C.A.R. Form BUO) Court Confirmation Addendum (C.A.R. Form CCA) Septic, Well and Property Monument Addendum (C.A.R. Form SWPI) Short Sale Addendum (C.A.R. Form SSA] I I Other NIA B. BUYER AND SELLER ADVISORIES: Buyer's Inspection Advisory C.A.R. Form BIA Probate Advisory C.A.R. Form PA Statewide Buyer and Seller Advisory C.A.R. Form SBSA Trust Advisory C.A.R. Form TA REO Advisory C.A.R. Form REO Short Sale Information and Advisory C.A.R. Form SSIA Other NIA 6. OTHER TERMS: BUYER: C. HAROLD KEASLER TRUST & JAMES EDWARD MURPHY TRUST 7. ALLOCATION OF COSTS A. INSPECTIONS, REPORTS AND CERTIFICATES: Unless otherwise agreed, in writing, this paragraph only determines who is to pay for the inspection, test, certificate or service ("Report") mentioned; it does not determine who is to pay for any work recommended or identified in the Report. (1) ❑ Buyer © Seller shall pay for a natural hazard zone disclosure report, including tax ❑ environmental ❑ Other: NIA prepared by NIA (2) Buyer L Seller shall pay for the following Report NIA prepared b NIA (3) ❑ Buyer [Seller shall pay for the following Report NIA prepared by NIA B. GOVERNMENT REQUIREMENTS AND RETROFIT: (1) ❑ Buyer ❑ Seller shall pay for smoke alarm and carbon monoxide device installation and water heater bracing, if required by Law. Prior to Close Of Escrow ("COE"), Seller shall provide Buyer written statement(s) of compliance in accordance with state(and local Law, unless Seller is exempt. Buyer's Initials Seller's Initials ( ) ( ) ( �•? ( ) CPA REVISED 12115 (PAGE 2 OF 11) E,,.,,. U-NO COMMERCIAL PROPERTY PURCHASE AGREEMENT (CPA PAGE 2 OF 11) °"—UNRY Produced with zipFonn® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zioLooix.com Keasler2 DocuSign Envelope ID: 0136B4B4-19AC-40CA-BB17-08A63F8F8527 Property Address: 342 N Palm Canyon Dr. Palm Springs, CA 92262-5642 Date: May 2& 2018 (2) (i) ❑ Buyer ikj Seller shall pay the cost of compliance with any other minimum mandatory government inspections and reports if required as a condition of closing escrow under any Law. (ii) ❑ Buyer © Seller shall pay the cost of compliance with any other minimum mandatory government retrofit standards required as a condition of closing escrow under any Law, whether the work is required to be completed before or after COE. (iii) Buyer shall be provided, within the time specified in paragraph 18A, a copy of any required government conducted or point -of -sale inspection report prepared pursuant to this Agreement or in anticipation of this sale of the Property C. ESCROW AND TITLE: (1) (a) © Buyer © Seller shall pay escrow fee 50150 _ (b) Escrow Holder shall be WFG Title COmAan11- Rob Willard (c) The Parties shall, within 5 (or N/A ) Days After receipt, sign and return Escrow Holder's general provisions. (2) (a) ❑ Buyer © Seller shall pay for owner's title insurance policy specified in paragraph 17E N/A (b) Owner's title policy to be issued by WFG Title Company (Buyer shall pay for any title insurance policy insuring Buyer's lender, unless otherwise agreed in writing.) D. OTHER COSTS: (1) Buyer rvi Seller shall pay County transfer tax or fee N/A (2) Buyer Seller shall pay City transfer tax or fee N/A (3) Buyer Seller shall pay Owners' Association ("OK) transfer fee N/A (4) Seller shall pay OA fees for preparing all documents required to be delivered by Civil Code §4525. (5) ❑ Buyer ❑ Seller shall pay OA fees for preparing all documents other than those required by Civil Code §4525. (6) Buyer to pay for any HOA certification fee. (7) Buyer Seller shall pay for any private transfer fee N/A (8) Buyer Seller shall pay for N/A _ (9) Buyer Seller shall pay for N/A 8. ITEMS INCLUDED IN AND EXCLUDED FROM SALE: A. NOTE TO BUYER AND SELLER: Items listed as included or excluded in the MILS, flyers or marketing materials are not included in the purchase price or excluded from the sale unless specified in paragraph 8 B, C or D. B. ITEMS INCLUDED IN SALE: (1) All EXISTING fixtures and fittings that are attached to the Property; (2) EXISTING electrical, mechanical, lighting, plumbing and heating fixtures, ceiling fans, fireplace inserts, gas logs and grates, solar power systems, built-in appliances, window and door screens, awnings, shutters, window coverings, attached floor coverings, television antennas, satellite dishes, air coolers/conditioners, pool/spa equipment, garage door openers/remote controls, mailbox, in -ground landscaping, trees/shrubs, water features and fountains, water softeners, water purifiers, security systems/alarms. (3) A complete inventory of all personal property of Seller currently used in the operation of the Property and included in the purchase price shall be delivered to Buyer within the time specified in paragraph 18A. (4) Seller represents that all items included in the purchase price are, unless otherwise specified or identified pursuant to 8B(7), owned by Seller. Within the time specified in paragraph 18A, Seller shall give Buyer a list of fixtures not owned by Seller. (5) Seller shall deliver title to the personal property by Bill of Sale, free and clear of all liens and encumbrances, and without seller warranty of condition regardless of value. (6) As additional security for any note in favor of Seller for any part of the purchase price, Buyer shall execute a UCC-1 Financing Statement to be filed with the Secretary of State, covering the personal property included in the purchase, replacement thereof, and insurance proceeds. (7) LEASED OR LIENED ITEMS AND SYSTEMS: Seller shall, within the time specified in paragraph 18A, (i) disclose to Buyer if any item or system specified in paragraph 8B or otherwise included in the sale is leased, or not owned by Seller, or specifically subject to a lien or other encumbrance, and (ii) Deliver to Buyer all written materials (such as lease, warranty, etc.) concerning any such item. Buyer's ability to assume any such lease, or willingness to accept the Property subject to any such lien or encumbrance, is a contingency in favor of Buyer and Seller as specified in paragraph 18B and C. C. ITEMS EXCLUDED FROM SALE: Unless otherwise specified, the following items are excluded from sale: N/A D. OTHER ITEMS: (1) Existing integrated phone and automation systems, including necessary components such as intranet and Internet - connected hardware or devices, control units (other than non -dedicated mobile devices, electronics and computers) and applicable software, permissions, passwords, codes and access information, are (❑ are NOT) included in the sale. 9. CLOSING AND POSSESSION: A. Seller -occupied or vacant property: Possession shall be delivered to Buyer: (i) ❑ at 6 PM or N/A ❑ AM/ ❑ PM) on the date of Close Of Escrow; (ii) ❑ no later than NIA calendar. days After Close Of Escrow; or (iii) ❑ at N/A ❑ AM/ ❑ PM on B. Seller Remaining in Possession After Close Of Escrow: If Seller has the right to remain in possession after Close Of Escrow, (i) the Parties are advised to sign a separate occupancy agreement such as ❑ C.A.R. Form CL; and (ii) the Parties are advised to consult with their insurance and legal advisors for information about liability and damage or injury to persons and personal and real property; and (iii) Buyer is advised to consult with Buyer's lender about the impact of Seller's occupancy on Buyer's loan. C. Tenant Occupied Units: Possession and occupancy, subject to the rights of tenants under existing leases, shall be delivered to Buyer on Close Of Escrow. D. At Close Of Escrow: (i) Seller assigns to Buyer any assignable warranty rights for items included in the sale; and (ii) Seller shall Deliver to Buyer available Copies of any such warranties. Brokers cannot and will not determine the assignability of any warranties. Buyer's Initials ( r( ) Seller's Initials ( ) ( ) CPA REVISED 12/15 (PAGE 3 OF 11) COMMERCIAL PROPERTY PURCHASE AGREEMENT (CPA PAGE 3 OF 11) +r Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zii)Looix.com Keaster2 DocuSign Envelope ID: 0136B4B4-19AC-40CA-BB17-08A63F8F8527 Property Address: 342 N Palm Canyon Dr. Palm Springs. CA 92262-5642 Date: Ma_v 281. 2018 E. At Close Of Escrow, unless otherwise agreed in writing, Seller shall provide keys, passwords, codes and/or means to operate all locks, mailboxes, security systems, alarms, home automation systems and intranet and Internet -connected devices included in the purchase price, and garage door openers. If the Property is a condominium or located in a common interest subdivision, Buyer may be required to pay a deposit to the Owners' Association ("OK) to obtain keys to accessible OA facilities. 10. SECURITY DEPOSITS: Security deposits, if any, to the extent they have not been applied by Seller in accordance with any rental agreement and current Law, shall be transferred to Buyer on Close Of Escrow. Seller shall notify each tenant, in compliance with the Civil Code. 11. SELLER DISCLOSURES: A. NATURAL AND ENVIRONMENTAL DISCLOSURES: Seller shall, within the time specified in paragraph 18, if required by Law: (i) Deliver to Buyer earthquake guides (and questionnaire) and environmental hazards booklet; (ii) even if exempt from the obligation to provide an NHD, disclose if the Property is located in a Special Flood Hazard Area; Potential Flooding (Inundation) Area; Very High Fire Hazard Zone; State Fire Responsibility Area; Earthquake Fault Zone; Seismic Hazard Zone; and (iii) disclose any other zone as required by Law and provide any other information required for those zones. B. ADDITIONAL DISCLOSURES: Within the time specified in paragraph 18, Seller shall Deliver to Buyer, in writing, the following disclosures, documentation and information: (1) RENTAL SERVICE AGREEMENTS: (i) All current leases, rental agreements, service contracts, and other agreements pertaining to the operation of the Property; and (ii) a rental statement including names of tenants, rental rates, period of rental, date of last rent increase, security deposits, rental concessions, rebates, or other benefits, if any, and a list of delinquent rents and their duration. Seller represents that no tenant is entitled to any concession, rebate, or other benefit, except as set forth in these documents. (2) INCOME AND EXPENSE STATEMENTS: The books and records, including a statement of income and expense for the 12 months preceding Acceptance. Seller represents that the books and records are those maintained in the ordinary and normal course of business, and used by Seller in the computation of federal and state income tax returns. (3) © TENANT ESTOPPEL CERTIFICATES: (If checked) Tenant estoppel certificates (C.A.R. Form TEC) completed by Seller or Seller's agent, and signed by tenants, acknowledging: (i) that tenants' rental or lease agreements are unmodified and in full force and effect (or if modified, stating all such modifications); (ii) that no lessor defaults exist; and (iii) stating the amount of any prepaid rent or security deposit. (4) SURVEYS, PLANS AND ENGINEERING DOCUMENTS: Copies of surveys, plans, specifications and engineering documents, if any, in Seller's possession or control. (5) PERMITS: If in Seller's possession, Copies of all permits and approvals concerning the Property, obtained from any governmental entity, including, but not limited to, certificates of occupancy, conditional use permits, development plans, and licenses and permits pertaining to the operation of the Property. (6) STRUCTURAL MODIFICATIONS: Any known structural additions or alterations to, or the installation, alteration, repair or replacement of, significant components of the structure(s) upon the Property. (7) GOVERNMENTAL COMPLIANCE: Any improvements, additions, alterations or repairs made by Seller, or known to Seller to have been made, without required governmental permits, final inspections, and approvals. (8) VIOLATION NOTICES: Any notice of violations of any Law filed or issued against the Property and actually known to Seller. (9) MISCELLANEOUS ITEMS: Any of the following, if actually known to Seller: (i) any current pending lawsuit(s), investigation(s), inquiry(ies), action(s), or other proceeding(s) affecting the Property, or the right to use and occupy it; (ii) any unsatisfied mechanic's or materialman's lien(s) affecting the Property; and (iii) that any tenant of the Property is the subject of a bankruptcy. C. WITHHOLDING TAXES: Within the time specified in paragraph 18A, to avoid required withholding Seller shall Deliver to Buyer or qualified substitute, an affidavit sufficient to comply with federal (FIRPTA) and California withholding Law, (C.A.R. Form AS or QS). D. NOTICE REGARDING GAS AND HAZARDOUS LIQUID TRANSMISSION PIPELINES: This notice is being provided simply to inform you that information about the general location of gas and hazardous liquid transmission pipelines is available to the public via the National Pipeline Mapping System (NPMS) Internet Web site maintained by the United States Department of Transportation at http://www.npms.phmsa.dot.gov/. To seek further information about possible transmission pipelines near the Property, you may contact your local gas utility or other pipeline operators in the area. Contact information for pipeline operators is searchable by ZIP Code and county on the NPMS Internet Web site. E. CONDOMINIUM/PLANNED DEVELOPMENT DISCLOSURES: (1) SELLER HAS: 7 (or N/A ) Days After Acceptance to disclose to Buyer whether the Property is a condominium, or is located in a planned development or other common interest subdivision. (2) If the Property is a condominium or is located in a planned development or other common interest subdivision, Seller has 3 (or N/A ) Days After Acceptance to request from the OA (C.A.R. Form HOA1): (i) Copies of any documents required by Law; (ii)- disclosure of any periding or anticipated claim or litigation by or against the OA; (iii) a statement containing the location and number of designated parking and storage spaces; (iv) Copies of the most recent 12 months of OA minutes for regular and special meetings; and (v) the names and contact information of all OAs governing the Property (collectively, "Cl Disclosures"). Seller shall itemize and Deliver to Buyer all Cl Disclosures received from the OA and any Cl Disclosures in Seller's possession. Buyer's approval of CI Disclosures is a contingency of this Agreement as specified in paragraph 18B(3). The Parry specified in paragraph 7, as directed by escrow, shall deposit funds into escrow or direct to OA or management company to pay for any of the above. GDtl 19fi Buyer's Initials ( DS ( ) Seller's Initials ( ) ( ,) CPA REVISED 12115 (PAGE 4 OF 11) E;4< COMMERCIAL PROPERTY PURCHASE AGREEMENT (CPA PAGE 4 OF 11) LPP00.NNRY Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zioLogix.com Keasler2 DocuSign Envelope ID: 0136B4B4-19AC-40CA-BB17-08A63F8F8527 Property Address: 342 N Palm Canyon Dr. Palm Sprincfs. CA 92262-5642 Date: May 28, 2018 12. ENVIRONMENTAL SURVEY (If checked): Within N/A Days After Acceptance, Buyer shall be provided a phase one environmental survey report paid for and obtained by Buyer Seller. Buyer shall then, as specified in paragraph 18, remove this contingency or cancel this Agreement. 13. SUBSEQUENT DISCLOSURES: In the event Seller, prior to Close Of Escrow, becomes aware of adverse conditions materially affecting the Property, or any material inaccuracy in disclosures, information or representations previously provided to Buyer of which Buyer is otherwise unaware, Seller shall promptly Deliver a subsequent or amended disclosure or notice in writing, covering those items. However, a subsequent or amended disclosure shall not be required for conditions and material inaccuracies disclosed in reports ordered and paid for by Buyer. 14. CHANGES DURING ESCROW: A. Prior to Close Of Escrow, Seller may only engage in the following acts, ("Proposed Changes'), subject to Buyers rights in paragraph 14B: (i) rent or lease any vacant unit or other part of the premises; (ii) alter, modify, or extend any existing rental or lease agreement; (iii) enter into, alter, modify or extend any service contract(s); or (iv) change the status of the condition of the Property. B. (1) 7 (or N/A ) Days prior to any Proposed Changes, Seller shall Deliver written notice to Buyer of any Proposed Changes. (2) Within 5 (or N/A) Days After receipt of such notice, Buyer, in writing, may give Seller notice of Buyer's objection to the Proposed Changes in which case Seller shall not make the Proposed Changes. 15. CONDITION OF PROPERTY: Unless otherwise agreed in writing: (1) the Property is sold (a) "AS -IS" in its PRESENT physical condition as of the date of Acceptance and (b) subject to Buyer's Investigation rights; (ii) the Property, including pool, spa, landscaping and grounds, is to be maintained in substantially the same condition as on the date of Acceptance; and (iii) all debris and personal property not included in the sale shall be removed by Close Of Escrow. A. Seller shall, within the time specified in paragraph 18A, DISCLOSE KNOWN MATERIAL FACTS AND DEFECTS affecting the Property, including known insurance claims within the past five years, and make any and all other disclosures required by law. B. Buyer has the right to conduct Buyer Investigations of the property and, as specified in paragraph 18B, based upon information discovered in those investigations: (i) cancel this Agreement; or (ii) request that Seller make Repairs or take other action. C. Buyer is strongly advised to conduct investigations of the entire Property in order to determine its present condition. Seller may not be aware of all defects affecting the Property or other factors that Buyer considers important. Property improvements may not be built according to code, in compliance with current Law, or have had permits issued. 16. BUYER'S INVESTIGATION OF PROPERTY AND MATTERS AFFECTING PROPERTY: A. Buyer's acceptance of the condition of, and any other matter affecting the Property, is a contingency of this Agreement as specified in this paragraph and paragraph 18B. Within the time specified in paragraph 1813(1), Buyer shall have the right, at Buyer's expense unless otherwise agreed, to conduct inspections, investigations, tests, surveys and other studies ("Buyer Investigations"), including, but not limited to, the right to: (i) inspect for lead -based paint and other lead -based paint hazards; (ii) inspect for wood destroying pests and organisms. Any inspection for wood destroying pests and organisms shall be prepared by a registered Structural Pest Control company; shall cover the main building and attached structures; may cover detached structures; shall NOT include water tests of shower pans on upper level units unless the owners of property below the shower consent; shall NOT include roof coverings; and, if the Property is a unit in a condominium or other common interest subdivision, the inspection shall include only the separate interest and any exclusive -use areas being transferred, and shall NOT include common areas; and shall include a report ("Pest Control Report") showing the findings of the company which shall be separated into sections for evident infestation or infections (Section 1) and for conditions likely to lead to infestation or infection (Section 2); (iii) review the registered sex offender database; (iv) confirm the insurability of Buyer and the Property including the availability and cost of flood and fire insurance; (v) review and seek approval of leases that may need to be assumed by Buyer; and (vi) satisfy Buyer as to any matter specified in the attached Buyer's Inspection Advisory (C.A.R. Form BIA). Without Seller's prior written consent, Buyer shall neither make nor cause to be made: (i) invasive or destructive Buyer Investigations except for minimally invasive testing required to prepare a Pest Control Report; or (ii) inspections by any governmental building or zoning inspector or government employee, unless required by Law. B. Seller shall make the Property available for all Buyer Investigations. Buyer shall (i) as specified in paragraph 18B, complete Buyer Investigations and either remove the contingency or cancel this Agreement, and (ii) give Seller, at no cost, complete Copies of all such Investigation reports obtained by Buyer, which obligation shall survive the termination of this Agreement. C. Seller shall have water, gas, electricity and all operable pilot lights on for Buyer's Investigations and through the date possession is made available to Buyer. D. Buyer indemnity and seller protection for entry upon property: Buyer shall: (i) keep the Property free and clear of liens; (ii) repair all damage arising from Buyer Investigations; and (iii) indemnify and hold Seller harmless from all resulting liability, claims, demands, damages and costs. Buyer shall carry, or Buyer shall require anyone acting on Buyer's behalf to carry, policies of liability, workers' compensation and other applicable insurance, defending and protecting Seller from liability for any injuries to persons or property occurring during any Buyer Investigations or work done on the Property at Buyer's direction prior to Close Of Escrow. Seller is advised that certain protections may be afforded Seller by recording a "Notice of Non -Responsibility" (C.A.R. Form NNR) for Buyer Investigations and work done on the Property at Buyer's direction. Buyer's obligations under this paragraph shall survive the termination of this Agreement. 17. TITLE AND VESTING: A. Within the time specified in paragraph 18, Buyer shall be provided a current preliminary title report ("Preliminary Report"). The Preliminary Report is only an offer by the title insurer to issue a policy of title insurance and may not contain every item affecting title. Buyer's review of the Preliminary Report and any other matters which may affect title are a contingency of this Agreement as specified in paragraph 18B. The company providing the Preliminary Report shall, prior to issuing a Preliminary Report, conduct a search of the General Index for all Sellers except banks or other institutional lenders selling properties they acquired through foreclosure (REOs), corporations, and government entities. Seller shall within 7 Days After Acceptance, give Escrow Holder a completed Statement of Information. B. Title is taken in its present condition subject to all encumbrances, easements, covenants, conditions, restrictions, rights and other matters, whether of record or not, as of the date of Acceptance except for: (i) monetary liens of record (which Seller is obligated to pay off) unless Buyer is assuming those obligations or taking the Property subject to those obligations; and (ii) those matters which Seller has agreed to remove in writing. C. Within the time specified in paragraph 18A, Seller has a duty to disclose to Buyer all matters known to Seller affecting title, whether of record ol�rp�%jocr y� Buyer's Initials ( -r( ) Seller's Initials ( V� ) ( ) CPA REVISED 12115 (PAGE 5 OF 11) COMMERCIAL PROPERTY PURCHASE AGREEMENT (CPA AGE 5 OF 11) ro° "UNITY oaaaaruw*r Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zioLoaix.com Keasler2 DocuSign Envelope ID: 0136B4B4-19AC-40CA-BB17-08A63F8F8527 Property Address: 342 N Palm Canyon Dr, Palm Springs, CA 92262-5642 _ Date: May 284, 2018 D. At Close Of Escrow, Buyer shall receive a grant deed conveying title (or, for stock cooperative or long-term lease, an assignment of stock certificate or of Seller's leasehold interest), including oil, mineral and water rights if currently owned by Seller. Title shall vest as designated in Buyer's supplemental escrow instructions. THE MANNER OF TAKING TITLE MAY HAVE SIGNIFICANT LEGAL AND TAX CONSEQUENCES. CONSULT AN APPROPRIATE PROFESSIONAL. E. Buyer shall receive a standard coverage owners CLTA policy of title insurance. An ALTA policy or the addition of endorsements may provide greater coverage for Buyer. A title company, at Buyer's request, can provide information about the availability, desirability, coverage, and cost of various title insurance coverages and endorsements. If Buyer desires title coverage other than that required by this paragraph, Buyer shall instruct Escrow Holder in writing and shall pay any increase in cost. 18. TIME PERIODS; REMOVAL OF CONTINGENCIES; CANCELLATION RIGHTS: The following time periods may only be extended, altered, modified or changed by mutual written agreement. Any removal of contingencies or cancellation under this paragraph by either Buyer or Seller must be exercised in good faith and in writing (C.A.R. Form CR or CC). A. SELLER HAS: 7 (or N/A ) Days After Acceptance to Deliver to Buyer all Reports, disclosures and information for which Seller is responsible under paragraphs 5A, 6, 7, 8B(7), 11A, B, C, D and E, 12, 15A and 17A. Buyer after first Delivering to Seller a Notice to Seller to Perform (C.A.R. Form NSP) may cancel this Agreement if Seller has not Delivered the items within the time specified. B. (1) BUYER HAS: 17 (or N/A ) Days After Acceptance, unless otherwise agreed in writing, to: (i) complete all Buyer Investigations; review all disclosures, reports, lease documents to be assumed by Buyer pursuant to paragraph 8B(7) and other applicable information, which Buyer receives from Seller; and approve all matters affecting the Property. (2) Within the time specified in paragraph 186(1), Buyer may request that Seller make repairs or take any other action regarding the Property (C.A.R. Form RR). Seller has no obligation to agree to or respond to (C.A.R. Form RRRR) Buyer's requests. (3) By the end of the time specified in paragraph 18B(1) (or as otherwise specified in this Agreement), Buyer shall Deliver to Seller a removal of the applicable contingency or cancellation (C.A.R. Form CR or CC) of this Agreement. However, if any report, disclosure or information for which Seller is responsible is not Delivered within the time specified in paragraph 18A, then Buyer has 5 (or N/A ) Days After Delivery of any such items, or the time specified in paragraph 1813(1), whichever is later, to Deliver to Seller a removal of the applicable contingency or cancellation of this Agreement. (4) Continuation of Contingency: Even after the end of the time specified in paragraph 18B(1) and before Seller cancels, if at all, pursuant to paragraph 18C, Buyer retains the right, in writing, to either (i) remove remaining contingencies, or (ii) cancel this Agreement based on a remaining contingency. Once Buyer's written removal of all contingencies is Delivered to Seller, Seller may not cancel this Agreement pursuant to paragraph 18C(1). C. SELLER RIGHT TO CANCEL: (1) Seller right to Cancel; Buyer Contingencies: If, by the time specified in this Agreement, Buyer does not Deliver to Seller a removal of the applicable contingency or cancellation of this Agreement, then Seller, after first Delivering to Buyer a Notice to Buyer to Perform (C.A.R. Form NBP), may cancel this Agreement. In such event, Seller shall authorize the return of Buyer's deposit, except for fees incurred by Buyer. (2) Seller right to Cancel; Buyer Contract Obligations: Seller, after first delivering to Buyer a NBP, may cancel this Agreement if, by the time specified in this Agreement, Buyer does not take the following action(s): (i) Deposit funds as required by paragraph 3A or 3B or if the funds deposited pursuant to paragraph 3A or 3B are not good when deposited; (ii) Deliver a letter as required by paragraph 3J(1); (iii) Deliver verification as required by paragraph 3C or 3H or if Seller reasonably disapproves of the verification provided by paragraph 3C or 3H; or (iv) In writing assume or accept leases or liens specified in 8B(7); (v) Sign or initial a separate liquidated damages form for an increased deposit as required by paragraphs 3B and 25B; or (vi) Provide evidence of authority to sign in a representative capacity as specified in paragraph 23. In such event, Seller shall authorize the return of Buyer's deposit, except for fees incurred by Buyer. D. NOTICE TO BUYER OR SELLER TO PERFORM: The NBP or NSP shall: (i) be in writing; (ii) be signed by the applicable Buyer or Seller; and (iii) give the other Party at least 2 (or Ni) Days After Delivery (or until the time specified in the applicable paragraph, whichever occurs last) to take the applicable action. A NBP or NSP may not be Delivered any earlier than 2 Days Prior to the expiration of the applicable time for the other Party to remove a contingency or cancel this Agreement or meet an obligation specified in paragraph 18. E. EFFECT OF BUYER'S REMOVAL OF CONTINGENCIES: If Buyer removes, in writing, any contingency or cancellation rights, unless otherwise specified in writing, Buyer shall conclusively be deemed to have: (i) completed all Buyer Investigations, and review of reports and other applicable information and disclosures pertaining to that contingency or cancellation right; (ii) elected to proceed with the transaction; and (iii) assumed all liability, responsibility and expense for Repairs or corrections pertaining to that contingency or cancellation right, or for the inability to obtain financing. F. CLOSE OF ESCROW: Before Buyer or Seller may cancel this Agreement for failure of the other Party to close escrow pursuant to this Agreement, Buyer or Seller must first Deliver to the other Party a demand to close escrow (C.A.R. Form DCE). The DCE shall: (i) be signed by the applicable Buyer or Seller; and (ii) give the other Party at least 3 (or N/A ) Days After Delivery to close escrow. A DCE may not be Delivered any earlier than 3 Days Prior to the scheduled close of escrow. G. EFFECT OF CANCELLATION ON DEPOSITS: If Buyer or Seller gives written notice of cancellation pursuant to rights duly exercised under the terms of this Agreement, the Parties agree to Sign mutual instructions to cancel the sale and escrow and release deposits, if any, to the party entitled to the funds, less fees and costs incurred by that party. Fees and costs may be payable to service providers and vendors for services and products provided during escrow. Except as specified below, release of funds will require mutual Signed release instructions from the Parties, judicial decision or arbitration award. If either Party fails to execute mutual instructions to cancel escrow, one Party may make a written demand to Escrow Holder for the deposit (C.A.R. Form BDRD or SDRD). Escrow Holder, upon receipt, shall promptly deliver notice of the demand to the other Party. If, within 10 Days After Escrow Holder's notice, the other Party does not object to the demand, Escrow Holder shall disburse the deposit to the Party making the demand. If Escrow Holder complies with the preceding process, each Party shall be deemed to have released Escrow Holder from any and all claims or liability related to the disbursal of the deposit. Escrow Holder, at its discretion, may nonetheless require mutual cancellation instructions. A Party may be subject to a civil penalty of up to $1,000 for refusal to sign cancellation instructions if no good faith dispute exists as to who is entitled to the deposited funds (Civil Code §1057.3). Buyer's Initials ( ) Seller's Initials ( ) ( ) CPA REVISED 12115 (PAGE 6 OF 11) r,L,,„ -- COMMERCIAL PROPERTY PURCHASE AGREEMENT (CPfPAGE 6 OF 11) �o ITY Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zii)Looix.com Keasler2 DocuSign Envelope ID: 0136B4B4-19AC-40CA-BB17-08A63F8F8527 Property Address: 342 N Palm Canyon Dr, Palm Springs, CA 92262-5642 Date: MA_28, 2018 19. REPAIRS: Repairs shall be completed prior to final verification of condition unless otherwise agreed in writing. Repairs to be performed at Seller's expense may be performed by Seller or through others, provided that the work complies with applicable Law, including governmental permit, inspection and approval requirements. Repairs shall be performed in a good, skillful manner with materials of quality and appearance comparable to existing materials. It is understood that exact restoration of appearance or cosmetic items following all Repairs may not be possible. Seller shall: (i) obtain invoices and paid receipts for Repairs performed by others; (ii) prepare a written statement indicating the Repairs performed by Seller and the date of such Repairs; and (iii) provide Copies of invoices and paid receipts and statements to Buyer prior to final verification of condition. 20. FINAL VERIFICATION OF CONDITION: Buyer shall have the right to make a final verification of the Property within 5 (or NI ) Days Prior to Close Of Escrow, NOT AS A CONTINGENCY OF THE SALE, but solely to confirm: (1) the Property is maintained pursuant to paragraph 15; (ii) Repairs have been completed as agreed; and (iii) Seller has complied with Seller's other obligations under this Agreement (C.A.R. Form VP). 21. PRORATIONS OF PROPERTY TAXES AND OTHER ITEMS: Unless otherwise agreed in writing, the following items shall be PAID CURRENT and prorated between Buyer and Seller as of Close Of Escrow: real property taxes and assessments, interest, rents, OA regular, special, and emergency dues and assessments imposed prior to Close Of Escrow, premiums on insurance assumed by Buyer, payments on bonds and assessments assumed by Buyer, and payments on Mello -Roos and other Special Assessment District bonds and assessments that are now a lien. The following items shall be assumed by Buyer WITHOUT CREDIT toward the purchase price: prorated payments on Mello -Roos and other Special Assessment District bonds and assessments and HOA special assessments that are now a lien but not yet due. Property will be reassessed upon change of ownership. Any supplemental tax bills shall be paid as follows: (1) for periods after Close Of Escrow, by Buyer; and (ii) for periods prior to Close Of Escrow, by Seller (see C.A.R. Form SPT or SBSA for further information). TAX BILLS ISSUED AFTER CLOSE OF ESCROW SHALL BE HANDLED DIRECTLY BETWEEN BUYER AND SELLER. Prorations shall be made based on a 30-day month. 22. BROKERS: A. COMPENSATION: Seller or Buyer, or both, as applicable, agrees to pay compensation to Broker as specified in a separate written agreement between Broker and that Seller or Buyer. Compensation is payable upon Close Of Escrow, or if escrow does not close, as otherwise specified in the agreement between Broker and that Seller or Buyer. B. BROKERAGE: Neither Buyer nor Seller has utilized the services of, or for any other reason owes compensation to, a licensed real estate broker (individual or corporate), agent, finder, or other entity, other than as specified in this Agreement, in connection with any act relating to the Property, including, but not limited to, inquiries, introductions, consultations and negotiations leading to this Agreement. Buyer and Seller each agree to indemnify, defend, and hold the other, the Brokers specified herein and their agents, harmless from and against any costs, expenses or liability for compensation claimed inconsistent with the warranty and representations in this paragraph. C. SCOPE OF DUTY: Buyer and Seller acknowledge and agree that Broker: (i) Does not decide what price Buyer should pay or Seller should accept; (ii) Does not guarantee the condition of the Property; (iii) Does not guarantee the performance, adequacy or completeness of inspections, services, products or repairs provided or made by Seller or others; (iv) Does not have an obligation to conduct an inspection of common areas or areas off the site of the Property; (v) Shall not be responsible for identifying defects on the Property, in common areas, or offsite unless such defects are visually observable by an inspection of reasonably accessible areas of the Property or are known to Broker; (vi) Shall not be responsible for inspecting public records or permits concerning the title or use of Property; (vii) Shall not be responsible for identifying the location of boundary lines or other items affecting title; (viii) Shall not be responsible for verifying square footage, representations of others or information contained in Investigation reports, Multiple Listing Service, advertisements, flyers or other promotional material; (ix) Shall not be responsible for determining the fair market value of the Property or any personal property included in the sale; (x) Shall not be responsible for providing legal or tax advice regarding any aspect of a transaction entered into by Buyer or Seller; and (A) Shall not be responsible for providing other advice or information that exceeds the knowledge, education and experience required to perform real estate licensed activity. Buyer and Seller agree to seek legal, tax, insurance, title and other desired assistance from appropriate professionals. 23. REPRESENTATIVE CAPACITY: If one or more Parties is signing the Agreement in a representative capacity and not for him/herself as an individual then that Party shall so indicate in paragraph 40 or 41 and attach a Representative Capacity Signature Disclosure (C.A.R. Form RCSD). Wherever the signature or initials of the representative identified in the RCSD appear on the Agreement or any related documents, it shall be deemed to be in a representative capacity for the entity described and not in an individual capacity, unless otherwise indicated. The Party acting in a representative capacity (i) represents that the entity for which that party is acting already exists and (ii) shall Deliver to the other Party and Escrow Holder, within 3 Days After Acceptance, evidence of authority to act in that capacity (such as but not limited to: applicable portion of the trust or Certification Of Trust (Probate Code 18100.5), letters testamentary, court order, power of attorney, corporate resolution, or formation documents of the business entity). 24. JOINT ESCROW INSTRUCTIONS TO ESCROW HOLDER: A. The following paragraphs, or applicable portions thereof, of this Agreement constitute the joint escrow instructions of Buyer and Seller to Escrow Holder, which Escrow Holder is to use along with any related counter offers and addenda, and any additional mutual instructions to close the escrow: paragraphs 1, 3, 413, 5A, 6, 7,10, 11 D,17, 18G, 21, 22A, 23, 24, 30, 38, 39, 41, 42 and paragraph D of the section titled Real Estate Brokers on page 11. If a Copy of the separate compensation agreement(s) provided for in paragraph 22A, or paragraph D of the section titled Real Estate Brokers on page 11 is deposited with Escrow Holder by Broker, Escrow Holder shall accept such agreement(s) and pay out from Buyer's or Seller's funds, or both, as applicable, the Broker's compensation provided for in such agreement(s). The terms and conditions of this Agreement not set forth in the specified paragraphs are additional matters for the information of Escrow Holder, but about which Escrow Holder need not be concerned. Buyer and Seller will receive Escrow Holder's general provisions, if any, directly from Escrow Holder and will execute such provisions within the time specified in paragraph 7C(1)(c). To the extent the general provisions are inconsistent or conflict with this Agreement, the general provisions will control as to the duties and obligations of Escrow Holder only. Buyer and Seller will execute additional instructions, documents and forms provided by Escrow Holder that are reasonably necessary to close the escrow and, as directed by Escrow Holder, within 3 (or Ni ) Days, shall pay to Escrow Holder oQ management company or others any fee required by paragraphs 7, 11 or elsewhere in this Agreement. Buyer's Initials ( I� ) Seller's Initials ( ) ( ) CPA REVISED 12115 (PAGE 7 OF 11) COMMERCIAL PROPERTY PURCHASE AGREEMENT (CPA PAGE 7 OF 11)12t Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zir)Logix.com Keasler2 EQUALS %u ­4 11y DocuSign Envelope ID: 0136B4B4-19AC-40CA-BB17-08A63F8F8527 Property Address: 342 N Palm Canyon Dr, Palm Springs, CA 92262-5642 Date: May 28, 2018 B. A Copy of this Agreement including any counter offer(s) and addenda shall be delivered to Escrow Holder within 3 Days After Acceptance (or N/A ). Buyer and Seller authorize Escrow Holder to accept and rely on Copies and Signatures as defined in this Agreement as originals, to open escrow and for other purposes of escrow. The validity of this Agreement as between Buyer and Seller is not affected by whether or when Escrow Holder Signs this Agreement. Escrow Holder shall provide Seller's Statement of Information to Title company when received from Seller. If Seller delivers an affidavit to Escrow Holder to satisfy Seller's FIRPTA obligation under paragraph 10C, Escrow Holder shall deliver to Buyer a Qualified Substitute statement that complies with federal Law. C. Brokers are a party to the escrow for the sole purpose of compensation pursuant to paragraph 22A and paragraph D of the section titled Real Estate Brokers on page 11. Buyer and Seller irrevocably assign to Brokers compensation specified in paragraph 22A, and irrevocably instruct Escrow Holder to disburse those funds to Brokers at Close Of Escrow or pursuant to any other mutually executed cancellation agreement. Compensation instructions can be amended or revoked only with the written consent of Brokers. Buyer and Seller shall release and hold harmless Escrow Holder from any liability resulting from Escrow Holder's payment to Broker(s) of compensation pursuant to this Agreement. D. Upon receipt, Escrow Holder shall provide Seller and Seller's Broker verification of Buyer's deposit of funds pursuant to paragraph 3A and 3B. Once Escrow Holder becomes aware of any of the following, Escrow Holder shall immediately notify all Brokers: (1) if Buyer's initial or any additional deposit is not made pursuant to this Agreement, or is not good at time of deposit with Escrow Holder; or (ii) if Buyer and Seller instruct Escrow Holder to cancel escrow. E. A Copy of any amendment that affects any paragraph of this Agreement for which Escrow Holder is responsible shall be delivered to Escrow Holder within 3 Days after mutual execution of the amendment. 26. REMEDIES FOR BUYER'S BREACH OF CONTRACT: A. Any clause added by the Parties specifying a remedy (such as release or forfeiture of deposit or making a deposit non- refundable) for failure of Buyer to complete the purchase in violation of this Agreement shall be deemed invalid unless the clause independently satisfies the statutory liquidated damages requirements set forth in the Civil Code. B. LIQUIDATED DAMAGES: If Buyer fails to complete this purchase because of Buyer's default, Seller shall retain, as liquidated damages, the deposit actually paid. Buyer and Seller agree that this amount is a reasonable sum given that it is impractical or extremely difficult to establish the amount of damages that would actually be suffered by Seller in the event Buyer were to breach this Agreement Release of funds will require mutual, Signed release instructions from both Buyer and Seller, judicial decision or arbitration award. AT TIME OF ANY INCREASED DEPOSIT BUYER AND SELLER SHALL SIGN A SEPARATE LIQUIDATED DAMAGES PROVISION INCORPORATING:[SED DEPOSIT AS LIQUIDATED DAMAGES (C.A.R.FORM RID). Buyer's InitialSeller's Initials / 26. DISPUTE RESOLUTION: A. MEDIATION: The Parties agree to mediate any dispute or claim arising between them out of this Agreement, or any resulting transaction, before resorting to arbitration or court action through the C.A.R. Consumer Mediation Center (www. cons umennediation.org) or through any other mediation provider or service mutually agreed to by the Parties. The Parties also agree to mediate any disputes or claims with Broker(s), who, in writing, agree to such mediation prior to, or within a reasonable time after, the dispute or claim is presented to the Broker. Mediation fees, if any, shall be divided equally among the Parties involved. If, for any dispute or claim to which this paragraph applies, any Party (i) commences an action without first attempting to resolve the matter through mediation, or (ii) before commencement of an action, refuses to mediate after a request has been made, then that Party shall not be entitled to recover attorney fees, even if they would otherwise be available to that Party in any such action. THIS MEDIATION PROVISION APPLIES WHETHER OR NOT THE ARBITRATION PROVISION IS INITIALED. Exclusions from this mediation agreement are specified in paragraph 26C. B. ARBITRATION OF DISPUTES: The Parties agree that any dispute or claim in Law or equity arising between them out of this Agreement or any resulting transaction, which is not settled through mediation, shall be decided by neutral, binding arbitration. The Parties also agree to arbitrate any disputes or claims with Broker(s), who, in writing, agree to such arbitration prior to, or within a reasonable time after, the dispute or claim is presented to the Broker. The arbitrator shall be a retired judge or justice, or an attorney with at least 5 years of transactional real estate Law experience, unless the parties mutually agree to a different arbitrator. The Parties shall have the right to discovery in accordance with Code of Civil Procedure §1283.05. In all other respects, the arbitration shall be conducted in accordance with Title 9 of Part 3 of the Code of Civil Procedure. Judgment upon the award of the arbitrator(s) may be entered into any court having jurisdiction. Enforcement of this agreement to arbitrate shall be governed by the Federal Arbitration Act. Exclusions from this arbitration agreement are specified in paragraph 26C. "NOTICE: BY INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY." "WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THETRTION OF DISPUTES' PROVISION TO NEUTRAL ARBITRATION." rtl 19i Buyer's Initials Seller's Initials/ Buyer's Initials ( �( ) Seller's Initials ( ) i r ) CPA REVISED 12/15 (PAGE 8 OF 11) COMMERCIAL PROPERTY PURCHASE AGREEMENT (CPA PAGE 8 OF 11) Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.ziol-ooix.com Keaster2 DocuSign Envelope ID: 0136B4B4-19AC-40CA-BB17-08A63F8F8527 Property Address: 342 N Palm Canyon Dr, Palm Springs, CA 92262-5642 _ Date: May 28, 2018 C. ADDITIONAL MEDIATION AND ARBITRATION TERMS: (1) EXCLUSIONS: The following matters are excluded from mediation and arbitration: (1) a judicial or non -judicial foreclosure or other action or proceeding to enforce a deed of trust, mortgage or installment land sale contract as defined in Civil Code §2985; (ii) an unlawful detainer action; and (iii) any matter that is within the jurisdiction of a probate, small claims or bankruptcy court. (2) PRESERVATION OF ACTIONS: The following shall not constitute a waiver nor violation of the mediation and arbitration provisions: (i) the filing of a court action to preserve a statute of limitations; (ii) the filing of a court action to enable the recording of a notice of pending action, for order of attachment, receivership, injunction, or other provisional remedies; or (iii) the filing of a mechanic's lien. (3) BROKERS: Brokers shall not be obligated nor compelled to mediate or arbitrate unless they agree to do so in writing. Any Broker(s) participating in mediation or arbitration. shall not be deemed a party to the Agreement. 27. SELECTION OF SERVICE PROVIDERS: Brokers do not guarantee the performance of any vendors, service or product providers ("Providers"), whether referred by Broker or selected by Buyer, Seller or other person. Buyer and Seller may select ANY Providers of their own choosing. 28. MULTIPLE LISTING SERVICE/PROPERTY DATA SYSTEM: If Broker is a participant of a Multiple Listing Service ("MLS") or Property Data System ("PDS"), Broker is authorized to report to the MLS or PDS a pending sale and, upon Close Of Escrow, the terms of this transaction to be published and disseminated to persons and entities authorized to use the information on terms approved by the MLS or PDS. 29. ATTORNEY FEES: In any action, proceeding, or arbitration between Buyer and Seller arising out of this Agreement, the prevailing Buyer or Seller shall be entitled to reasonable attorneys fees and costs from the non -prevailing Buyer or Seller, except as provided in paragraph 26A. 30. ASSIGNMENT: Buyer shall not assign all or any part of Buyer's interest in this Agreement without first having obtained the written consent of Seller. Such consent shall not be unreasonably withheld unless otherwise agreed in writing. Any total or partial assignment shall not relieve Buyer of Buyer's obligations pursuant to this Agreement unless otherwise agreed in writing by Seller (C.A.R. Form AOAA). 31. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon, and inure to the benefit of, Buyer and Seller and their respective successors and assigns, except as otherwise provided herein. 32. ENVIRONMENTAL HAZARD CONSULTATION: Buyer and Seller acknowledge: (i) Federal, state, and local legislation impose liability upon existing and former owners and users of real property, in applicable situations, for certain legislatively defined, environmentally hazardous substances; (ii) Broker(s) has/have made no representation concerning the applicability of any such Law to this transaction or to Buyer or to Seller, except as otherwise indicated in this Agreement; (iii) Broker(s) has/have made no representation concerning the existence, testing, discovery, location and evaluation of/for, and risks posed by, environmentally hazardous substances, if any, located on or potentially affecting the Property; and (iv) Buyer and Seller are each advised to consult with technical and legal experts concerning the existence, testing, discovery, location and evaluation of/for, and risks posed by, environmentally hazardous substances, if any, located on or potentially affecting the Property. 33. AMERICANS WITH DISABILITIES ACT: The Americans With Disabilities Act ("ADA") prohibits discrimination against individuals with disabilities. The ADA affects almost all commercial facilities and public accommodations. The ADA can require, among other things, that buildings be made readily accessible to the disabled. Different requirements apply to new construction, alterations to existing buildings, and removal of barriers in existing buildings. Compliance with the ADA may require significant costs. Monetary and injunctive remedies may be incurred if the Property is not in compliance. A real estate broker does not have the technical expertise to determine whether a building is in compliance with ADA requirements, or to advise a principal on those requirements. Buyer and Seller are advised to contact an attorney, contractor, architect, engineer or other qualified professional of Buyer's or Seller's own choosing to determine to what degree, if any, the ADA impacts that principal or this transaction. 34. COPIES: Seller and Buyer each represent that Copies of all reports, documents, certificates, approvals and other documents that are furnished to the other are true, correct and unaltered Copies of the original documents, if the originals are in the possession of the furnishing party. 35. EQUAL HOUSING OPPORTUNITY: The Property is sold in compliance with federal, state and local anti -discrimination Laws. 36. GOVERNING LAW: This Agreement shall be governed by the Laws of the state of California. 37. TERMS AND CONDITIONS OF OFFER: This is an offer to purchase the Property on the above terms and conditions. The liquidated damages paragraph or the arbitration of disputes paragraph is incorporated in this Agreement if initialed by all Parties or if incorporated by mutual agreement in a counter offer or addendum. If at least one but not all Parties initial, a counter offer is required until agreement is reached. Seller has the right to continue to offer the Property for sale and to accept any other offer at any time prior to notification of Acceptance. Buyer has read and acknowledges receipt of a Copy of the offer and agrees to the 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 Copy, may be Signed in two or more counterparts, all of which shall constitute one and the same writing. 38. TIME OF ESSENCE; ENTIRE CONTRACT; CHANGES: Time is of the essence. All understandings between the Parties are incorporated in this Agreement. 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. If any provision of this Agreement is held to be ineffective or invalid, the remaining provisions will nevertheless be given full force and effect. Except as otherwise specified, this Agreement shall be interpreted and disputes shall be resolved in accordance with the Laws of the State of California. Neither this Agreement nor any provision in it may be extended, amended, modified, altered or changed, except in writing Signed by Buyer and Seller. 39. DEFINITIONS: As used in this Agreement: A. "Acceptance" means the time the offer or final counter offer is accepted in writing by a Party and is delivered to and personally received by the other Party or that Party's authorized agent in accordance with the terms of this offer or a final counter offer. B. "Agreement" means this document and any counter offers and any incorporated addenda, collectively forming the binding agreem a the Parties. Addenda are incorporated only when Signed by all Parties. Buyer's Initials (( ) Seller's Initials ( VK ) ( ) CPA REVISED 12/15 (PAGE 9 OF 11) O x: COMMERCIAL PROPERTY PURCHASE AGREEMENT (CPA PAGE 9 OF 11) Produced with zipForrn® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www,zipLogix com Keasler2 DocuSign Envelope ID: 0136B4B4-19AC-40CA-BB17-08A63F8F8527 Property Address: 342 N Palm Canyon Dr, Palm Springs, CA 92262-5642 Date: May 28, 2018 C. "C.A.R. Form" means the most current version of the specific form referenced or another comparable form agreed to by the parties. D. "Close Of Escrow" or "COE" means the date the grant deed, or other evidence of transfer of title, is recorded. E. "Copy" means copy by any means including photocopy, NCR, facsimile and electronic. F. "Days" means calendar days. However, after Acceptance, the last Day for performance of any act required by this Agreement (including Close Of Escrow) shall not include any Saturday, Sunday, or legal holiday and shall instead be the next Day. G. "Days After" means the specified number of calendar days after the occurrence of the event specified, not counting the calendar date on which the specified event occurs, and ending at 11:59 PM on the final day. H. "Days Prior" means the specified number of calendar days before the occurrence of the event specified, not counting the calendar date on which the specified event is scheduled to occur. I. "Deliver", "Delivered" or "Delivery", unless otherwise specified in writing, means and shall be effective upon: personal receipt by Buyer or Seller or the individual Real Estate Licensee for that principal as specified in the section titled Real Estate Brokers on page 11, regardless of the method used (i.e., messenger, mail, email, fax, other). J. "Electronic Copy" or "Electronic Signature" means, as applicable, an electronic copy or signature complying with California Law. Buyer and Seller agree that electronic means will not be used by either Party to modify or alter the content or integrity of this Agreement without the knowledge and consent of the other Party. K. "Law" means any law, code, statute, ordinance, regulation, rule or order, which is adopted by a controlling city, county, state or federal legislative, judicial or executive body or agency. L. "Repairs" means any repairs (including pest control), alterations, replacements, modifications or retrofitting of the Property provided for under this Agreement. M. "Signed" means either a handwritten or electronic signature on an original document, Copy or any counterpart. 40. AUTHORITY: Any person or persons signing this Agreement represent(s) that such person has full power and authority to bind that person's principal, and that the designated Buyer and Seller has full authority to enter into and perform this Agreement. Entering into this Agreement, and the completion of the obligations pursuant to this contract, does not violate any Articles of Incorporation, Articles of Organization, By Laws, Operating Agreement, Partnership Agreement or other document governing the activity of either Buyer or Seller. 41. EXPIRATION OF OFFER: This offer shall be deemed revoked and the deposit, if any, shall be returned to Buyer unless the offer is Signed by Seller and a Copy of the Signed offer is personally received by Buyer, or by _ N/A who is authorized to receive it, by 5:00 PM on the third Day after this offer is signed by Buyer (or by ❑ N/A ❑AM/ ❑ PM, on June 1, 2018 (date)). Q One or more Buyers is signing the Agreement in a representative capacity and not for him/herself as an individual. See attached Representative Capacity Signat773481CD32553494 Qs(aWtaure (C.A.R. Form RCSD-B) for additional terms. Date 0512812018 BUYE' hrkl �,Asbllr I-Msf 9. , Mt s fl lWA4 '""""c" firm 8/9/2018 8: 57: 55 AM PDT ._ (Print name) C. Harold Keasler Trust & James Edward Murphy Trust Date BUYER (Print name) ❑ Additional Signature Addendum attached (C.A.R. Form ASA). 42. ACCEPTANCE OF OFFER: Seller warrants that Seller is the owner of the Property, or has the authority to execute this Agreement. Seller accepts the above offer and agrees to sell the Property on the above terms and conditions, and agrees to the above confirmation of agency relationships. Seller has read and acknowledges receipt of a Copy of this Agreement, and authorizes Broker to Deliver a Signed Copy to Buyer. ❑ (If checked) SELLER'S ACCEPTANCE IS SUBJECT TO ATTACHED COUNTER OFFER (C.A.R. Form SCO or SMCO) DATED: ❑ One or more Sellers is signing the Agreement in a represent ve apacity and not for him/herself as an individual. Representative Capacity Signature D r ure (C.A.R. Fo -S) for additional terms. Date o SELLE (Print name) The Successor Agency to the Palm Springs Community Redevelopment Agency Date SELLER (Print name) N/A ❑Additional Signature Addendum attached (C.A.R. Form ASA). See attached ( / ) (Do not initial if making a counter offer.) CONFIRMATION OF ACCEPTANCE: A Copy of Signed Acceptance was (Initials) personally received by Buyer or Buyer's authorized agent on (date) at N/A ❑ AM/ ❑ PM. A binding Agreement is created when a Copy of Signed Acceptance is personally received by Buyer or Buyer's authorized agent whether or not confirmed in this document. Completion of this confirmation is not legally required in order to create a binding Agreement; it is solely intended to evidence the date that Confirmation of Acceptance has occurred. CPA REVISED 12/15 (PAGE 10 OF 11) COMMERCIAL PROPERTY PURCHASE AGREEMENT (CPA PAGE 10 OF 11) Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zi Lg_ogix.com Keasler2 DocuSign Envelope ID: 0136B4B4-19AC-40CA-BB17-08A63F8FB527 Property Address: 342 N Palm Canyon Dr. Palm Springs, CA 92262-5642_ Date: May 28 2018 REAL ESTATE BROKERS: A. Real Estate Brokers are not parties to the Agreement between Buyer and Seller. B. Agency relationships are confirmed as stated in paragraph 2. C. If specified in paragraph 3A(2), Agent who submitted the offer for Buyer acknowledges receipt of deposit. D. COOPERATING BROKER COMPENSATION: Listing Broker agrees to pay Cooperating Broker (Selling Firm) and Cooperating Broker agrees to accept, out of Listing Broker's proceeds in escrow, the amount specified in the MLS, provided Cooperating Broker is a Participant of the MILS in which the Property is offered for sale or a reciprocal MLS. If Listing Broker and Cooperating Broker are not both Participants of the MLS, or a reciprocal MLS, in which the Property is offered for sale, then compensation must be specified in a separate written agreement (C.A.R. Form CBC). Declaration of License and Tax (C.A.R. Form DLT) may be used to document that tax reporting will be required or that an exemption exists. DocuSigned by: R al st a �Sg c r (Selling Firm) SVN RICHINVESTMENT REAL ESTATE PARTNERAS CalBRE Lic. # 01881602 __ _ _ _ By�ooco,voc,,:w, MARK SPOHN CalBRE Lic. # 0043221 Date 05/28/2018 By NIA CalBRE Lic. # N/A Date Address 611 S Palm Canyon Dr City Palm Springs State CA Zip 92264-7213 Telephone (7601413-3985 Fax E-mail ms hn53 aol.com Real Estate Broker (Listing Firm) SVN RICH/NVESTMENT REAL ESTATE PARTNERAS CalBRE Lic. # 01881602 By MARK SPOHN CalBRE Lic. # 0043221 Date 0512812018 By MARK SPOHN CalBRE Lic. # N/A Date Address 611 S Palm Canyon Dr City Palm Springs State CA Zip 92264-7213 Telephone (760)413-3985 Fax E-mail mspohn53@aoLcom ESCROW HOLDER ACKNOWLEDGMENT: Escrow Holder acknowledges receipt of a Copy of this Agreement, (if checked, ❑ a deposit in the amount of $ 07� i 000100 ), counteroffer numbers N/A ❑ Seller's Statement of Information and N/A , and agrees to act as Escrow Holder subject to paragraph 24 of this Agreement, any supplemental escrow instructions and the terms of Escrow Holder's general provisions. Escrow Holder is advised that the date of Confirmation of Acceptance of the Agreement as between Buyer and Seller is —20 Escrow Holder N/A w i ✓ 6 r By Address N/A 5 20,11n K V Phone/Fax/E-mail 'ltn l7--3.27— Escrow Holder has the following license number # M* .257:5 ❑ Department of Business Oversight, KDepartment of Insurance, of Real Estate. Escrow # N/A — )- l I U 3 Date G-2s -7nlo PRESENTATION OF OFFER: ( ) Listing Broker presented this offer to Seller on (date). Broker or Designee Initials REJECTION OF OFFER: ( )( ) No counter offer is being made. This offer was rejected by Seller on (date). Seller's Initials Buyer's Initials ( ( ) Seller's Initials (C� ) ( ) 02015, California Association of REALTORSO, Inc. United States copyright law (Title 17 U.S. Code) forbids the unauthorized distribution, display and reproduction of this form, or any portion thereof, by photocopy machine or any other means, including facsimile or computerized formats. THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS® (C.A.R.). NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. This form is made available to real estate professionals through an agreement with or purchase from the California Association of REALTORS& It is not intended to identify the user as a REALTORO. REALTOR@ is a registered collective membership mark which may be used only by members of the NATIONAL ASSOCIATION OF REALTORSO who subscribe to its Code of Ethics. i Published and Distributed by: REAL ESTATE BUSINESS SERVICES, INC. Reviewed by a subsidiary of the CALIFORNIA ASSOCIATION OF REALTORS@ Broker or Designee c � w 525 South Virgil Avenue, Los Angeles, California 90020 CPA REVISED 12/15 (PAGE 11 OF 11) COMMERCIAL PROPERTY PURCHASE AGREEMENT (CPA PAGE 11 OF 11) Produced with zipFormO by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLooix.com Keasler2 :03 1 DocuSign Envelope ID: 0136B4B4-19AC-40CA-BB17-08A63F8F8527 tIRS, C A L. I F O R N I A DISCLOSURE REGARDING 4 ASSOCIATION REAL ESTATE AGENCY RELATIONSHIP f OF R E A L T O R S `2' (Selling Firm to Buyer) (As required by the Civil Code) (C.A.R. Form AD, Revised 12114) ❑ (If checked) This form is being provided in connection with a transaction for a leasehold interest exceeding one year as per Civil Code section 2079.13(k) and (m). When you enter into a discussion with a real estate agent regarding a real estate transaction, you should from the outset understand what type of agency relationship or representation you wish to have with the agent in the transaction. SELLER'S AGENT A Seller's agent under a listing agreement with the Seller acts as the agent for the Seller only. A Seller's agent or a subagent of that agent has the following affirmative obligations: To the Seller: A Fiduciary duty of utmost care, integrity, honesty and loyalty in dealings with the Seller. To the Buyer and the Seller: (a) Diligent exercise of reasonable skill and care in performance of the agent's duties. (b) A duty of honest and fair dealing and good faith. (c) A duty to disclose all facts known to the agent materially affecting the value or desirability of the property that are not known to, or within the diligent attention and observation of, the parties. An agent is not obligated to reveal to either party any confidential information obtained from the other party that does not involve the affirmative duties set forth above. BUYER'S AGENT A selling agent can, with a Buyer's consent, agree to act as agent for the Buyer only. In these situations, the agent is not the Seller's agent, even if by agreement the agent may receive compensation for services rendered, either in full or in part from the Seller. An agent acting only for a Buyer has the following affirmative obligations: To the Buyer: A fiduciary duty of utmost care, integrity, honesty and loyalty in dealings with the Buyer. To the Buyer and the Seller: (a) Diligent exercise of reasonable skill and care in performance of the agent's duties. (b) A duty of honest and fair dealing and good faith. (c) A duty to disclose all facts known to the agent materially affecting the value or desirability of the property that are not known to, or within the diligent attention and observation of, the parties. An agent is not obligated to reveal to either party any confidential information obtained from the other party that does not involve the affirmative duties set forth above. AGENT REPRESENTING BOTH SELLER AND BUYER A real estate agent, either acting directly or through one or more associate licensees, can legally be the agent of both the Seller and the Buyer in a transaction, but only with the knowledge and consent of both the Seller and the Buyer. In a dual agency situation, the agent has the following affirmative obligations to both the Seller and the Buyer: (a) A fiduciary duty of utmost care, integrity, honesty and loyalty in the dealings with either the Seller or the Buyer. (b) Other duties to the Seller and the Buyer as stated above in their respective sections. In representing both Seller and Buyer, the agent may not, without the express permission of the respective party, disclose to the other party that the Seller will accept a price less than the listing price or that the Buyer will pay a price greater than the price offered. The above duties of the agent in a real estate transaction do not relieve a Seller or Buyer from the responsibility to protect his or her own interests. You should carefully read all agreements to assure that they adequately express your understanding of the transaction. A real estate agent is a person qualified to advise about real estate. If legal or tax advice is desired, consult a competent professional. Throughout your real property transaction you may receive more than one disclosure form, depending upon the number of agents assisting in the transaction. The law requires each agent with whom you have more than a casual relationship to present you with this disclosure form. You should read its contents each time it is presented to you, considering the relationship between you and the real estate agent in your specific transaction. This disclosure form includes the provisions of Sections 2079.13 to 2079.24, inclusive, of the Civil Code set forth on page 2. Read it carefully. 11WE ACKNOWfro USi��IPT OF A COPY OF THIS DISCLOSURE AND THE PORTIONS OF THE CIVIL CODE PRINTED ON THE BACK (OR A SEP P��F OIS LS : 5f1t' i AM PDT © Buyer ❑ Seller ❑ Landlord ❑ Tenan Date 05/28/2018 rMf�es Edwa ❑ Buyer IY Seller ❑ Landlord ❑ Tenant Date 1 b 14 Agen T ,,,g, , SVN R_1CHINVESTMENT REAL ESTATE PARTNERAS BRE Lic. # 01881602 RealI st to Broker (Firm) Bye �P i3�92018 16kRJ ° OMW Date 05/28/2018 OI IVIAKF% oYVr71v Agency Disclosure Compliance (Civil Code §2079.14): . When the listing brokerage company also represents Buyer/Tenant: The Listing Agent shall have one AD form signed by Seller/Landlord and a different AD form signed by Buyer/Tenant. . When Seller/Landlord and Buy nant are represented by different brokerage companies: (i) the Listing Agent shall have one AD form signed by Sell a lord and (ii e u s/Tenant's Agent shall have one AD form signed by Buyer/Tenant and either that same or a different AD form pr96ente4t9j Seller/Lan r signature prior to prQsentatign of the offer. If the same form is used, Seller may sign here: The Successor Agency to the Palm The copyright laws of the United States (Title 17 U.S. Code) forbid the unauthorized reproduction of this form, or any portion thereof, by photocopy machine or any other means, including facsimile or computerized formats. Copyright ® 1991-2010, CALIFORNIA ASSOCIATION OF REALTORS®, INC. ALL RIGHTS RESERVED. AD REVISED 12114 (PAGE 1 OF 2) Seller/Landlord N/A Date -- Reviewed by Date � e�'PPAORTlINST Spohn Commercial, Inc, 3435 Wilshire Blvd Ste 2700 Los Angeles CA 90010 Phone: 323.936.0944 Fax: 760.328.0907 Keasler2 Mark Spohn Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLociix.com DocuSign Envelope ID: 0136B4B4-19AC-40CA-BB17-08A63F8F8527 CIVIL CODE SECTIONS 2079.24 (2079.16 APPEARS ON THE FRONT) 2079.13 As used in Sections 2079.14 to 2079.24, inclusive, the following terms have the following meanings: (a) "Agent" means a person acting under provisions of Title 9 (commencing with Section 2295) in a real property transaction, and includes a person who is licensed as a real estate broker under Chapter 3 (commencing with Section 10130) of Part 1 of Division 4 of the Business and Professions Code, and under whose license a listing is executed or an offer to purchase is obtained. (b) "Associate licensee" means a person who is licensed as a real estate broker or salesperson under Chapter 3 (commencing with Section 10130) of Part 1 of Division 4 of the Business and Professions Code and who is either licensed under a broker or has entered into a written contract with a broker to act as the broker's agent in connection with acts requiring a real estate license and to function under the broker's supervision in the capacity of an associate licensee. The agent in the real property transaction bears responsibility for his or her associate licensees who perform as agents of the agent. When an associate licensee owes a duty to any principal, or to any buyer or seller who is not a principal, in a real property transaction, that duty is equivalent to the duty owed to that party by the broker for whom the associate licensee functions. (c) "Buyer' means a transferee in a real property transaction, and includes a person who executes an offer to purchase real property from a seller through an agent, or who seeks the services of an agent in more than a casual, transitory, or preliminary manner, with the object of entering into a real property transaction. "Buyer" includes vendee or lessee. (d) "Commercial real property" means all real property in the state, except single-family residential real property, dwelling units made subject to Chapter 2 (commencing with Section 1940) of Title 5, mobilehomes, as defined in Section 798.3, or recreational vehicles, as defined in Section 799.29. (e) "Dual agent" means an agent acting, either directly or through an associate licensee, as agent for both the seller and the buyer in a real property transaction. (f) "Listing agreement" means a contract between an owner of real property and an agent, by which the agent has been authorized to sell the real property or to find or obtain a buyer. (g) "Listing agent" means a person who has obtained a listing of real property to act as an agent for compensation. (h) "Listing price" is the amount expressed in dollars specified in the listing for which the seller is willing to sell the real property through the listing agent. (i) "Offering price" is the amount expressed in dollars specified in an offer to purchase for which the buyer is willing to buy the real property. G) "Offer to purchase" means a written contract executed by a buyer acting through a selling agent that becomes the contract for the sale of the real property upon acceptance by the seller. (k) "Real property' means any estate specified by subdivision (1) or (2) of Section 761 in property that constitutes or is improved with one to four dwelling units, any commercial real property, any leasehold in these types of property exceeding one year's duration, and mobilehomes, when offered for sale or sold through an agent pursuant to the authority contained in Section 10131.6 of the Business and Professions Code. (1) "Real property transaction" means a transaction for the sale of real property in which an agent is employed by one or more of the principals to act in that transaction, and includes a listing or an offer to purchase. (m) "Sell," "sale," or "sold" refers to a transaction for the transfer of real property from the seller to the buyer, and includes exchanges of real property between the seller and buyer, transactions for the creation of a real property sales contract within the meaning of Section 2985, and transactions for the creation of a leasehold exceeding one year's duration. (n) "Seller" means the transferor in a real property transaction, and includes an owner who lists real property with an agent, whether or not a transfer results, or who receives an offer to purchase real property of which he or she is the owner from an agent on behalf of another. "Seller' includes both a vendor and•a lessor. (o) "Selling agent" means a listing agent who acts alone, or an agent who acts in cooperation with a listing agent, and who sells or finds and obtains a buyer for the real property, or an agent who locates property for a buyer or who finds a buyer for a property for which no listing exists and presents an offer to purchase to the seller. (p) "Subagent" means a person to whom an agent delegates agency powers as provided in Article 5 (commencing with Section 2349) of Chapter 1 of Title 9. However, "subagent" does not include an associate licensee who is acting under the supervision of an agent in a real property transaction. 2079.14 Listing agents and selling agents shall provide the seller and buyer in a real property transaction with a copy of the disclosure form specified in Section 2079.16, and, except as provided in subdivision (c), shall obtain a signed acknowledgement of receipt from that seller or buyer, except as provided in this section or Section 2079.15, as follows: (a) The listing agent, if any, shall provide the disclosure form to the seller prior to entering into the listing agreement. (b) The selling agent shall provide the disclosure form to the seller as soon as practicable prior to presenting the seller with an offer to purchase, unless the selling agent previously provided the seller with a copy of the disclosure form pursuant to subdivision (a). (c) Where the selling agent does not deal on a face-to-face basis with the seller, the disclosure form prepared by the selling agent may be furnished to the seller (and acknowledgement of receipt obtained for the selling agent from the seller) by the listing agent, or the selling agent may deliver the disclosure form by certified mail addressed to the seller at his or her last known address, in which case no signed acknowledgement of receipt is required. (d) The selling agent shall provide the disclosure form to the buyer as soon as practicable prior to execution of the buyers offer to purchase, except that if the offer to purchase is not prepared by the selling agent, the selling agent shall present the disclosure form to the buyer not later than the next business day after the selling agent receives the offer to purchase from the buyer. 2079.15 In any circumstance in which the seller or buyer refuses to sign an acknowledgement of receipt pursuant to Section 2079.14, the agent, or an associate licensee acting for an agent, shall set forth, sign, and date a written declaration of the facts of the refusal. 2079.16 Reproduced on Page 1 of this AD form. 2079.17 (a) As soon as practicable, the selling agent shall disclose to the buyer and seller whether the selling agent is acting in the real property transaction exclusively as the buyer's agent, exclusively as the seller's agent, or as a dual agent representing both the buyer and the seller. This relationship shall be confirmed in the contract to purchase and sell real property or in a separate writing executed or acknowledged by the seller, the buyer, and the selling agent prior to or coincident with execution of that contract by the buyer and the seller, respectively. (b) As soon as practicable, the listing agent shall disclose to the seller whether the listing agent is acting in the real property transaction exclusively as the seller's agent, or as a dual agent representing both the buyer and seller. This relationship shall be confirmed in the contract to purchase and sell real property or in a separate writing executed or acknowledged by the seller and the listing agent prior to or coincident with the execution of that contract by the seller. (c) The confirmation required by subdivisions (a) and (b) shall be in the following form. (DO NOT COMPLETE. SAMPLE ONLY) is the agent of (check one): []the seller exclusively; or[] both the buyer and seller. (Name of Listing Agent) (DO NOT COMPLETE. SAMPLE ONLY) is the agent of (check one): ❑ the buyer exclusively; or❑ the seller exclusively; or (Name of Selling Agent if not the same as the Listing Agent) ❑ both the buyer and seller. (d) The disclosures and confirmation required by this section shall be in addition to the disclosure required by Section 2079.14. 2079.18 No selling agent in a real property transaction may act as an agent for the buyer only, when the selling agent is also acting as the listing agent in the transaction. 2079.19 The payment of compensation or the obligation to pay compensation to an agent by the seller or buyer is not necessarily determinative of a particular agency relationship between an agent and the seller or buyer. A listing agent and a selling agent may agree to share any compensation or commission paid, or any right to any compensation or commission for which an obligation arises as the result of a real estate transaction, and the terms of any such agreement shall not necessarily be determinative of a particular relationship. 2079.20 Nothing in this article prevents an agent from selecting, as a condition of the agent's employment, a specific form of agency relationship not specifically prohibited by this article if the requirements of Section 2079.14 and Section 2079.17 are complied with. 2079.21 A dual agent shall not disclose to the buyer that the seller is willing to sell the property at a price less than the listing price, without the express written consent of the seller. A dual agent shall not disclose to the seller that the buyer is willing to pay a price greater than the offering price, without the express written consent of the buyer. This section does not alter in any way the duty or responsibility of a dual agent to any principal with respect to confidential information other than price. 2079.22 Nothing in this article precludes a listing agent from also being a selling agent, and the combination of these functions in one agent does not, of itself, make that agent a dual agent. 2079.23 A contract between the principal and agent may be modified or altered to change the agency relationship at any time before the performance of the act which is the object of the agency with the written consent of the parties to the agency relationship. 2079.24 Nothing in this article shall be construed to either diminish the duty of disclosure owed buyers and sellers by agents and their associate licensees, subagents, and employees or to relieve agents and their associate licensees, subagents, and employees from liability for their conduct in connection with acts governed by this article or for any breach of a fiduciary duty or a duty of disclosure. Published and Distributed by: UREAL ESTATE BUSINESS SERVICES, INC. a subsidiary of the Califomia Association of REAL TORSO Reviewed by e v625 South Virgil Avenue, Los Angeles, California 90020 AD REVISED 12114 (PAGE 2 OF 2) - DISCLOSURE REGARDING REAL ESTATE AGENCY RELATIONSHIP (AD PAGE 2 OF 2) Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.ziol-ovix co m Keasler2 DocuSign Envelope ID: 0136B4B4-19AC-40CA-BB17-08A63F8F8527 L 1 F O R M I A BUYER'S INSPECTION ADVISORY � Assoc�AT�o>.v 'ir OF R E A L T O It S '`' (C.A.R. Form BIA, Revised 11114) Property Address: 342 N Palm Canyon Dr, Palm Sprin-gs, CA 92262-5642 ("Property"). 1. IMPORTANCE OF PROPERTY INVESTIGATION: The physical condition of the land and improvements being purchased is not guaranteed by either Seller or Brokers. You have an affirmative duty to exercise reasonable care to protect yourself, including discovery of the legal, practical and technical implications of disclosed facts, and the investigation and verification of information and facts that you know or that are within your diligent attention and observation. A general physical inspection typically does not cover all aspects of the Property nor items affecting the Property that are not physically located on the Property. If the professionals recommend further investigations, including a recommendation by a pest control operator to inspect inaccessible areas of the Property, you should contact qualified experts to conduct such additional investigations. 2. BROKER OBLIGATIONS: Brokers do not have expertise in all areas and therefore cannot advise you on many items, such as those listed below. If Broker gives you referrals to professionals, Broker does not guarantee their performance. 3. YOU ARE STRONGLY ADVISED TO INVESTIGATE THE CONDITION AND SUITABILITY OF ALL ASPECTS OF THE PROPERTY, INCLUDING BUT NOT LIMIITED TO THE FOLLOWING. IF YOU DO NOT DO SO, YOU ARE ACTING AGAINST THE ADVICE OF BROKERS. A. GENERAL CONDITION OF THE PROPERTY, ITS SYSTEMS AND COMPONENTS: Foundation, roof (condition, age, leaks, useful life), plumbing, heating, air conditioning, electrical, mechanical, security, pool/spa (cracks, leaks, operation), other structural and nonstructural systems and components, fixtures, built-in appliances, any personal property included in the sale, and energy efficiency of the Property. B. SQUARE FOOTAGE, AGE, BOUNDARIES: Square footage, room dimensions, lot size, age of improvements and boundaries. Any numerical statements regarding these items are APPROXIMATIONS ONLY and have not been verified by Seller and cannot be verified by Brokers. Fences, hedges, walls, retaining walls and other barriers or markers do not necessarily identify true Property boundaries. C. WOOD DESTROYING PESTS: Presence of, or conditions likely to lead to the presence of wood destroying pests and organisms. D. SOIL STABILITY: Existence of fill or compacted soil, expansive or contracting soil, susceptibility to slippage, settling or movement, and the adequacy of drainage. E. WATER AND UTILITIES; WELL SYSTEMS AND COMPONENTS;WASTE DISPOSAL: Water and utility availability, use restrictions and costs. Water quality, adequacy, condition, and performance of well systems and components. The type, size, adequacy, capacity and condition of sewer and septic systems and components, connection to sewer, and applicable fees. F. ENVIRONMENTAL HAZARDS: Potential environmental hazards, including, but not limited to, asbestos, lead -based paint and other lead contamination, radon, methane, other gases, fuel oil or chemical storage tanks, contaminated soil or water, hazardous waste, waste disposal sites, electromagnetic fields, nuclear sources, and other substances, materials, products, or conditions (including mold (airborne, toxic or otherwise), fungus or similar contaminants). G. EARTHQUAKES AND FLOODING: Susceptibility of the Property to earthquake/seismic hazards and propensity of the Property to flood. H. FIRE, HAZARD AND OTHER INSURANCE: The availability and cost of necessary or desired insurance may vary. The location of the Property in a seismic, flood or fire hazard zone, and other conditions, such as the age of the Property and the claims history of the Property and Buyer, may affect the availability and need for certain types of insurance. Buyer should explore insurance options early as this information may affect other decisions, including the removal of loan and inspection contingencies. I. BUILDING PERMITS, ZONING AND GOVERNMENTAL REQUIREMENTS: Permits, inspections, certificates, zoning, other governmental limitations, restrictions, and requirements affecting the current or future use of the Property, its development or size. J. RENTAL PROPERTY RESTRICTIONS: Some cities and counties impose restrictions that limit the amount of rent that can be charged, the maximum number of occupants, and the right of a landlord to terminate a tenancy. Deadbolt or other locks and security systems for doors and windows, including window bars, should be examined to determine whether they satisfy legal requirements. K. SECURITY AND SAFETY: State and local Law may require the installation of barriers, access alarms, self -latching mechanisms and/or other measures to decrease the risk to children and other persons of existing swimming pools and hot tubs, as well as various fire safety and other measures concerning other features of the Property. L. NEIGHBORHOOD, AREA, SUBDIVISION CONDITIONS; PERSONAL FACTORS: Neighborhood or area conditions, including schools, law enforcement, crime statistics, registered felons or offenders, fire protection, other government services, availability, adequacy and cost of internet connections or other technology services and installations, commercial, industrial or agricultural activities, existing and proposed transportation, construction and development that may affect noise, view, or traffic, airport noise, noise or odor from any source, wild and domestic animals, other nuisances, hazards, or circumstances, protected species, wetland properties, botanical diseases, historic or other governmentally protected sites or improvements, cemeteries, facilities and condition of common areas of common interest subdivisions, and possible lack of compliance with any governing documents or Homeowners' Association requirements, conditions and influences of significance to certain cultures and/or religions, and personal needs, requirements and preferences of Buyer. By signing below, Buyers acknowledge that they have read, understand, accept and have received a Copy of this Advisory. tl e,enc,o ur edLto read it cargfully Buyer �AVb� t LAS V VL��I o' jmus `�QIDy � 5� PDT — kbTd r Trust & James Edward © 1991-2004, California Association of REALTORS®, Inc. THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS® (C.A.R.). NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. Published and Distributed by: REAL ESTATE BUSINESS SERVICES, INC. Reviewed by Date " a subsidiary of the California Association of REALTORSO 525 South Virgil Avenue, Los Angeles, California 90020 BIA REVISED 11114 (PAGE 1 OF 1) BUYER'S INSPECTION ADVISORY (BIA PAGE 1 OF 1) T` Spohn Commercial, Inc, 3435 Wilshire Blvd Ste 2700 Los Angeles CA 90010 Phone: 323.936.0944 Fax: 760.328.0907 Keasler2 Mark Spohn Produced with zipFormO by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLouix.com DocuSign Envelope ID: 0136B4B4-19AC-40CA-BB17-08A63F8F8527 : i& C A L I F O R N I A POSSIBLE REPRESENTATION OF MORE THAN ONE BUYER , _N ASSOCIATION OR SELLER - DISCLOSURE AND CONSENT `�O, OF RE A L T O R S "" (C.A.R. Form PRBS, 11114) A real estate broker (Broker), whether a corporation, partnership or sole proprietorship, may represent more than one buyer or seller. This multiple representation can occur through an individual licensed as a broker or salesperson or through different individual broker's or salespersons (associate licensees) acting under the Broker's license. The associate licensees may be working out of the same or different office locations. Multiple Buyers: Broker (individually or through its associate licensees) may be working with many prospective buyers at the same time. These prospective buyers may have an interest in, and make offers on, the same properties. Some of these properties may be listed with Broker and some may not. Broker will not limit or restrict any particular buyer from making an offer on any particular property whether or not Broker represents other buyers interested in the same property. Multiple Sellers: Broker (individually or through its associate licensees) may have listings on many properties at the same time. As a result, Broker will attempt to find buyers for each of those listed properties. Some listed properties may appeal to the same prospective buyers. Some properties may attract more prospective buyers than others. Some of these prospective buyers may be represented by Broker and some may not. Broker will market all listed properties to all prospective buyers whether or not Broker has another or other listed properties that may appeal to the same prospective buyers. Dual Agency: If Seller is represented by Broker, Seller acknowledges that broker may represent prospective buyers of Seller's property and consents to Broker acting as a dual agent for both seller and buyer in that transaction. If Buyer is represented by Broker, buyer acknowledges that Broker may represent sellers of property that Buyer is interested in acquiring and consents to Broker acting as a dual agent for both buyer and seller with regard to that property. In the event of dual agency, seller and buyer agree that: (a) Broker, without the prior written consent of the Buyer, will not disclose to seller that the Buyer is willing to pay a price greater than the offered price; (b) Broker, without the prior written consent of the seller, will not disclose to the buyer that seller is willing to sell property at a price less than the listing price; and (c) other than as set forth in (a) and (b) above, a dual agent is obligated to disclose known facts materially affecting the value or desirability of the property to both parties. Offers not necessarily confidential: Buyer is advised that seller or listing agent may disclose the existence, terms, or conditions of buyer's offer unless all parties and their agent have signed a written confidentiality agreement. Whether any such information is actually disclosed depends on many factors, such as current market conditions, the prevailing practice in the real estate community, the listing agent's marketing strategy and the instructions of the seller. Buyer and seller understand that Broker may represent more than one buyer or more than one seller and even both buyer and seller on the same transaction and consents to such relationships. Seller d/or Buyer ack dges reading and understanding this Possible Representation of More Than One Buy r or eller - Disclo and Consent and agrees to the agency possibilities disclosed, S le The Successor Agency to the Palm Springs Date Selle ..Signed by: N/A Date Buyer S t,S f 1 5.7h65o5d*As?P crust B James Edward Murphy Date Buyer ' 4 Date Real Estate Broker (Firm) SVN RICHINVESTMENT REAL ESTATE PARTNERAS CalBRE Lic # 01881602 Date By CaIBRE Lic # 0043221 Date MARK SPOHN DocuSi ned by: R 1#01t5 cer (Firm) SVN RICH/NVESTMENT REAL ESTATE PARTNERAS CaIBRE Lic # 01881602 Date ByOM3 FIBRE Lic # 0043221 Date © 2014, Caliifomia Association of REALTORSO, Inc. United States copyright law (Title 17 U.S. Code) forbids the unauthorized distribution, display and reproduction of this form, or any portion thereof, by photocopy machine or any other means, including facsimile or computerized formats. THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORSO (C.A.R.). NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. This form is made available to real estate professionals through an agreement with or purchase from the California Association of REALTORS& It is not intended to identify the user as a REALTORO. REALTORO is a registered collective membership mark which may be used only by members of the NATIONAL ASSOCIATION OF REALTORS@ who subscribe to its Code of Ethics. Published and Distributed by: ' REAL ESTATE BUSINESS SERVICES, INC. " a subsidiary of the Califomia Association of REALTORSO e .w 525 South Virgil Avenue, Los Angeles, California 90020 a® Reviewed by Date '� PRBS 11114 (PAGE 1 OF 1) — Fp0ALN005— oaroa — POSSIBLE REPRESENTATION OF MORE THAN ONE BUYER OR SELLER (PRBS PAGE 1 OF 1) Spohn Commercial, Inc, 3435 Wilshire Blvd Ste 2700 Los Angeles CA 90010 Phone: 323.936.0944 Fax: 760.328.0907 Keasler2 II Mark Spohn Produced with zipFormO by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLooix.com f:` tuSlsr. t.nw k5pa ID: 17136aB3a.19AC-40CA�eBl7,06A 3d^$5gV. 'r CALI F Q ,IL NY f CC)hjjjVi21RCtPoL r+'•''r."" opurry PUMHASE AGnEM NT ASSOC FAT 10',') AND JUNT ESCRO14V INSTRUCTIONS 0 F It E A L'. "i 0 lk S 'W fC.A.4. pores. C'PA' fte�r syst �:1Is; pate Preparad.- a LIn ?, OFFER. A� THIS is AN OFFOR FROti?� G #daerasd r�It'ldividtla�l8 fiAClarg)Oratgn..�,„,AF7a�rsaerahl fit, THE REA4 PROPFRTY to he acgWWd 15 rn sarfrat r.(CIV, Piv rye .4Goo-�ntyfi, tMa V.,THE P Q R arer 14ASE FRi CE piq�rad is FeHu_nsd' e d Th61. . sltu�ttasi is1 sr�g.ByzCF�rcrserty'}. _ .wq V.fH WNN, 4�F FJ. CLEbS 4?PS ' 4°� slag& occur ors (-•i --�. _..�.� {dat¢? (lgr iieyrs After Fc�apiaalci�}. E. euver and Seller A referred to herein as the 1pwtiss." St'RZS are shad FL'rtres to this Agr"seer f, A. M$CL OSURE: -nrs Paetieq each acknavJledye receipt of a '47i cicsslrrrz Reg4rd3irg Beal Eslata Agency Refatonships�' (C.A R, Form AD) P;- CONFIRMATION: The for this trans2cfion: Listirsg rent _- SVAr R% gtf fyr.sTh�lEn R � E 1'A}"E P1faR�`e1 BRAS — (Print rirm game) is the agent of (check Ong); the vei l $] C'uaivaTy; o. t u.both the Buyer wid Sohr, '5eltirg Agead Yr^f Fa`rCMlNLeEVONTREAL ESL41� I?ARUIERA,St (Print Fkrn Nor!la} (sf not the same as the Lining Agent; the a�ertd af;rtae Y bry�) ! the cry] both eie Buyer grid Seller, u, POTENTIALLY COMPETING SUV Ef"i$ AND S5LLr' RS; Thtr t"aMes earth acicnzsmedge receipt eta &Pcissible Repre4alrltra6itart of More than One 8uy-2r or Seller - Discl'"orY ar d ConsaW (CA-R, Form PR95), 3, FINANCE TERWVIS; Suyar mp resents ihst fundq .Mil be good when @aposiied wit€t Escrow Holder, A- li TiAL DEPOSIT, Oeprfait shalt ba in the amount of ...... . . . .. . ......... M Suys f psrsct 0eposit: B❑ys~r shall deliver rlepasi: direwtiy to �scmw 40ider by alecimic funds irt§t1S(2t, Fj swe$hir r s cnsck, : daer,vlt l rsY+ r bthor NEB ...._.. , _ within 3 business days armor AcceplaKa (or _ _ WA. *R (2)0 Buyer Deposil �u�#h lF,g—nkµ$ttyer "c s ;siren ttsa riepvslk by persarsat check (or WAt s to *s agan8 submiitfrtg the rsffa.r (or to WA __........ _ )' made Payable to ddf�t . Trm depoWt shall,i* hold, vinca3:led unfit Acasptance. and then depoQed ,tri Escrow Hall -der within 3 busirs s days &Or Aroo6t&nce (or OVIA ), Depmit checks given to ageril shall b8 ar1 orjglnW.slgns )d &,0'4 c And not 0 copy, (Nzfe: inga# and increased deposit checkB raceived by age -tit sts�14 )la recarood in aro*ees trust fund tog ) S. INOPEAVO 09POSI 'c Meyer shall deposit Wlih iEsa1'tw� Molder an increased depu5it in the amomnt of. widl3in ,�SFl+r3 Daya Aftar Act.eptanca (or MIAif H , forth" spree to 5quksaled damagr,3s Ln this X§C}1�� Tg2r1� .they s3lSQ agrrse to iriCOrpara{e flee iricils$Sed deposit into the lNwdated C#ama2es arnoont irl a 852para O liquidated dar'r1.Q96s Clause (C.A.R. Forin R10) ax the ;img the lrcreased oposit is r3elwared to Escrow Haider, 1�. 2 ALL CASH OFF : No ken is needed to pvrchawe tha Property, This af€pr iS tVOT contingesst on Sayer rtRatrafng a loran, Writwn uertfcativn of WRC'erd nartrts tO ulnae this triIfisaC: 00 15 ATTACHED to leis offer ter 8uVor shall, "Rhin 3 (of ) Days AFlar aAwGeptxtnsPl, O r i;vet tr9 Ba#fir such ve;iftCBticx+, (1) FIRST LOAN, in 1ha amour+t of ..... _ . _ ... ..... . ........ . . . . . _ � This bean wlit bra cnnv>srsfatzr of rrrzsr,cffa} or 0 Welter fre eing (C.A.R. Poraa aFA), ,•.giass,udtied titaancirDg (C.A.R. i i}FM �,f"�i): w �sutrj��f to 3inareclr:g. ��ttter . Th{s !cars Shall be 2at a fxad rwte riot tw ox;:qer! `>o ot, j earl adjustable rate loan with rill(la)rate npi te+ ex red Of Vt3 iy'ss3 of 106n, + klyor shah Pa_y pss' is nat 1 - axCeas! 9t} of the local amount, . (2) f 5 ialwNo LOAN iq the amount of . $ Tttfs loam xwX Ioe conyontioml Snamitcly or iSallar Finanrirsg (C.A.R, Form SPA), , f assnumod ftrldnalrxj .._ (C.A,it, Farm 0fa ) Strb)eCt't0 �rfssr,,,l,,g..j „ t ,tsar oars avltFs , This loan ahail be at a, fixed We not to exceed % or, ' .1 an ad ujiable :aC ! — L^itti it tad nut to exceed Q&, ftepars�lr;;rs.et'the �+dam raF Ivan 8cryreE• otk-tll �rAy psl'snts not t,� r�xcrxe+� °h cf thre l4ors amcau>ts.. . E. ADDITIONAL F1'N,4Fid;M TERMS, AWA F_ i A %F €3�?�itt ai f C�> jYifR AS 3R3 . in i;e —am cur,F o?Y , . , , . , . , ......,_..:' ' to he deposited with EFSF9 w hiOW% puraeuartl to i-s>rraw Hr'- ier im;;ructlons_ � G. PURCHASE PRICE (TOTAt.)s . ...... . ... . ..... . .. . . . . . . . .................. _ .... . � � K. ''�gRIPPATION OF DOWN PAYMENT AND �$.O!VNG C1=8; Paye., (or 5rayar'ss Issr det or loan broker pursuacrt to gesagt-0ph 3QJ 1)) shali, wiWn 3 (err )Days After AcCsgWce, [)G"var to 15i~k-' vfiittetf ueti>I hD t of SuVar's clown payment and Closing CgStS, L) I�uyes's, irtitia7s ( i 9slier's aa�tEats ( _ _.} ( ,_ ....F ao}S.GahromiaAseocrarlon R LigiSi"ir;, o em"PF.. CPA t3Eutp R2P96;1�atGt t bs¢ i1g e t:$�15ft1,11�Ft�'E�.t_ �1=i�at�s's��rr RrFFFr?irdL`� hr:'r7r�f�rlesr!aR• ra+oa rraa�� a M� ,�, w'�`i.,r""�'.'r`+" f .irnho C°m,me,+.a>. hit. ,jQ%'kVP19bkRflh^4S1r E7U L-H ANek% C,lQWIp rratV 5nnLs r'fts�.'1tsN wcaes:Di"+�1sr8 pp,ypl„y�,a,'+Bti;O �k.°r aide �nwA armorer 9besug°n db025 pax '1ei4a9M,99us ►:w+uerY sswuSJpn Snvetctre tD'Dl3ti14E4.48AD-4bCA•$43t7-OSA83FW-8SZ7 Property Address' 342 N Palm CRrey an (mota°'ftrintxs, C tl 97�1�� 5��2 M Efaia: 0 7 20� . ,..i ro....... 1. AtPPRAISAi.. 0ONTlNOl~I'tCY AND REMOVAL, This Agreement is (or.;- (or.' ° is NOT) eonttngent u0n a wriden appraisal of the ]property Dy a iiceIN20d or m fifer] appraiser at no lass than the purchase prima. Buyer shalf. as cp'cired in paragraph 188(3). In wdting, mmaye the appraisal t ontir:gency or cancel this Agreement within I? (or, ) Dayrta After Acceptatice, J. L OA14 TERMS. (1) LOAN APPUCATiONS. Within 3 (or _) Days After Acoeptance, Buyer shall Deliver to Seller a tattier from quyer's fearer or loan broker statifsg that, based cart a review of fNWS written application and credit repot#. Buyer is pfsqueftlied or preapproved for any NEW log-1 Speciflad in paragraph 50, It any loan apraoified in paragraph 30 is an adjustable rate loan, the pr'e"11ficstion or preapproval lefts( shall be based on the quailfping rate, not the Initial loan rate. Letter attacfed j (2) LOAN CON T lldri,ENCY; Buyer shah act diligently and in 9003 faith to Obtain the designated loan(s), Buyer's quailftcatfon for the loans) specified above is a tsrttstingencg of this AjJmement unless othemise agreed Its wrl ttg- b there is no appraisal coritingertcy of the Appraisal[ rbrstingenc;y hats been waived or removed, then failure of the Property to apprise at the purchase pFiCe dots nat entitle Buyer to mi-else flee cancel18tion tight pursuant to tho loan; contingency If Buyer is afherm$0 quallifed for the SPOCltled to -on, Suyer'a contractual oWigatfants regarding .deposit, batanas of down payment arid clasiutg cosL9 are net canilrigencles of this'Agroomem. 42) 1.0AAN CMINGENCY REMOVAL,; ' Within 27 (or ) 0ays After Accepkine s, p+.ryer snail, 2s speolfred In paragraph 18. sat Writing, remove the login emongency or cancel this Agroerrsent. if there is an appraisal c0ritlr19er cy, n0movttl Of the ]Carl ct ttlgency shall not be deamed removal of ltse pralsal po"Ungency.• NO LOAN CGNTINGrhiC Y ; Obtalring any lean specified above is NOT a contingency of this Agmement. If Buyer does AO% obtain tha loan and as a resuit Buyer doi?s not purchase the Prnparty Seiler may be enQled to Buyeft deposit or Other legal reme4lies.. (8) LENDER LIMITS ON'BUYER CREDITS, Any credit to Buyer, from ariYsnures, for dosirrg'ar other costs that is agreed its by the PartIOS ('Coritr Wal Civtiit') shall be d-iKlOsed tit Moyer'$ tender. 4 the total credit allowed by buyer's Lartdslr (Under Alloew'abld Credit") is less than ft Contractual Credit. than (i) the Contractual Cfedlt shall he reduced to the Lender Attawable Credit, and (4) In the ab!$a of a WaX'al.® written agreement between the Parties, there shalt be no autoMatic adjustment to the )gUmbase price to make tip fcr the difforenre between they Cordractual CmdA tlnd the Leander Alk Mable CradiL Ff. BLIVER STATED Flt$A 14CIKQG Seller is relying oft $Layer`s representation bf the type UP finartcing specified (Inducgng but not; limited to, as applicable, oil cash, amoun£ of down psaymeK or contingent or non-conbrvent loan). Seller felt agreed to a spagft cursing data, purchase price and to felt to Buyer in rallanne err 8tjyea's covenant mriceming firsancing. Buyer shall pwwe the finandno spacAarS in this Agreement, Ulsr has tlo obllgatjort to apoperatra wvlih lytuyees efforts to ot%Wn any friansdng other than that Specified in the Agreement and the availability of any such alternate fhsdncing does not excuse Buyer from the abliQaWn. to PUmhase the Property and close ascrowrr as specified in this Agrteamea s. BALE OF BUYER'S PROPERTY: A. This Agreement and Buyer's ability to rJbtain f3riancing area NOT contingent upon itm sale Of ably Pmperty owned by Buyer. OR B. '-!This Agreement anij Buyers ablltty to obtain financing are CWtfrgant upon the Sala Of properly owned by filuyer as specified tit 00 attathed addendum (C.A_R, Form gold), S. ADDENDA AND r4DMORIBS: A, ADDENDA. 1-tAdda radian ?f ears rr*_ A R unr zmmi A. 1NSPSCMNS, REPORTS AND CERTIFICATES: Vn: ass oftw1wise sagraad, in vidling. this paragraph only determinas who is to pay for the inspeeiion, test, certificate or service ("Ftepori j msnilonod; it [bass not detamine who Is to pay for any wor$ recommended or Identified In the Report (11 (3 Buyer Seiler Shall pay for a natural hazard axone disdosure report, including tax _ yCnutrorarrrentat � `bitter: J1fJrd prepared lay MI —--._...... Buyer t, Belief shall pay for the following Repnrt �M• 13) Frepared byAt/A 3 Buyer [] Seller shall pay for Ile J]lowirg Repprt MIA prepared by _Pet_t'�1.._ _ &. RETROFIT (1) (,3 Buyer Seiler shalt pay for smake alarm and ra bon njoncx;de tlevice installation and water healer prstjrg, If mquimd by Lew, Prior to Close Of acmw (^ Or) '), Seller shall proven® flu ' +when staterngni(s) of coMpl'tance In aimordance with stabe,andlocttI L aW, unless Seller ►% axempL Bslsers Lnitiata ({ . T 1 selk� s tr>o►tals ( f ( ) CPA RMSED 12116 (PAGE e0F a1) 994. COPAMSRCIAL PIRKIP TY PtJF tCM48e AQReZM6NT (CPA PA05 2 OF 11) r'rca�osnww:;;Fr�aa�n�e�rfaau�agix sbarof,Sr�s,M�'.biz9Yo,9ra➢2r,AEltlrigar:4fiQ�4 5t�z'��-r�1.�t� hRyf�e�: 0=1SIg s E 41*ope CD 9J3694S449AC-40QA a5i7.JDBA Pei=652.7 Property Address: •3dLN !''afoot a:.en r atrt3�z 7nr ge. Sx t4 7 S 3ff_a� --- M �a4ta:16ie 2 2!?7� _ (F) (i) a Bttysr Sailer shall pay t41e cost of cornpli,ceu%tt any attersr rrgr:imurn mandatary government IAspectlans end reports It raquir2d as candlttDn pf ctt�strtg escro+� under Grey Law. VI) - Buyer Seiler 9t1t3ii p8y rite cetst nP cesrto'iamce with any niter mirtirnum rrtartda ry yave rlten! reetretrrrl9t standards regatred as a corteiitton of cio rjng rsscrovv under any Levu, wttethar the vab�,t rS retkvlred fa be carnpieteil before or attCOE; (iif) Bt,yter Shall be prttYaClgd �+eithirt the lints SpeCiflad in paragraphs 1@ a saps of arty required govfrnrnent canducW or paint^ofysaie lr+spect�brt report prep$retl pursriar�t txx this Agree ertl Ar in ari cipstiarr p€this s�i� af the Property. C, ESCROW AND TITLE. (1) (a) 2 !toyer Qj Seller shall Fray asctow fee sv 8,.,_.._ �...............,...,., ,�... .,..,,.._.._.— ar�� - Rob l�'Jdr3araf _.............. _. . { f) try h Buyer es setter snail pay for �- I aY _ —:Pi. �� . .M. ... ,_..._._._._.... 9 ........_.,._.,.._. ..,,.....,..,.,,,.._.. SCfaWHolder c The Parties sliali, within t`a (—or-,WA- ; s A r reaei' �i n arstl rtrtursr Escsoses jrj �$'"" ma 1 grtivt tee_ z) fa r'e hVe ?AsursriO3 poiiwy speafied Itt paragraph t7E N (b) ©wne?a This policy to' be issued by t Pig •,lids C*M rm.. u......... _...,.,.w......... ...._.._............_....... (Buster shall pay for any tine insurarara ssai'iCy rnsur#ny� u�ts �etae�or, unless nihesyuise :agreed inuritirt . P. OTHER COSTS, (1) Buyer Seller shall pay Caivtsy transfer W or fife WAY, ^. �.w^ () t,�rlyer `Wlershall pay City transNW.tax fee AdF�E (S) Buyer 11e1' Shall pay Owners'Ps5sodatoh (-OAA) tranuter J4) Seller ShQ pay OA fees for preparing ali d"Uil tehts ragvired to tie deiitiemd by Civil Cnde §4525_ {5) C' ElVyore SeOfer shall pay CA fees for preparing al: documoofs.bther than those required by, Civil Code §4s25_ (6) Buyer to pay for any H OA cartfflcaftrta t ke (7) "` Buyer ! Seiler shall pay for arty pr%uate tram fifer fee tVI,6 _ (a) Boyer Seiler shall pay for.A/A fat, Seller shall .., ..:..,.,.,.,..,..�.......,,�...... ,.,..�--............_. , () Y� � A �y for- 8, bTEMS INCLUDED IN AND X NOTE Tit BUYER AND 521-Lt# ., Items iieted as inducted or excitudad in the MLS, flyers or marketing materials are not included In the purchase pnca or excluded from the sale emless specified in paragraph 8 S, C or D, 8- 1717EMS INGLU0I?I3 IN J$ALF: (1All EXISTING 6xtures Cnd fillings that ere attached to the Propeq; (2) E_XIS)iNG elsetricat, Mac,havical. lfghtktg, plumblr•,B .arid bee it fixtures, ciiil,ng fens, ftt+splacs Insarts, gas togs and ems, solar power systems bwlWA appliances, window and cJvur screens, 2Wnings. Shutters, vvindaw coverings, attached A= coverings talevision anterusas, eatalrile dishes. Wr oociersleondif vners, P=Vspa equo rent, garage door opene[shemcAo s"dr vck, mailbrttt, in- round fandscspirig. traasisliwbi, waterfeatures aril! &Lmtpins, water softeners, vrater purifiers. sacuOty systemsfalmms, (3) A com*te Inventory of gilt personal property of Seller tunsnily 11943 1 in the operation or the Property and ireClpded in the purrhose price shalt be delivered to ftyar w.ithitl the tfrrae specified Ire paragraph IOA, (4) Miler represents that all @tams included fn the p&chass Price are, unless otraftlige specified or identllled pursuant to 6%7), owned by Seller. WiMin the time specified in paragraph 16A, Seller shall give Sayer a list of fisetums not awned by Seer. (5) Seller Shall deliver title to the personal' property by Big of Safe, free and clear of all liens and encumbrsanCem, and without segerwarranty ofcondy0on rmgardless of value_ " (6) As add-liansal sewray for any rime In favor of Seller for any part of the: purchase price. Buyer shall wwcute a UCC-Z Financing Statement to be Mod with the Secretary of State, covering the personal property Included in the purchase, replacement thereof, rand insurance preaGe0d6, , ,. (7) LF-AS90 OR WENED ITEMS AND SYSTEMS;' ltsr shall, irJtkiean',tPiae time specified in paragraph 18A, (I) disc tole to Buyer if any item or ayStttm specifiesel in paragraph BS' ar otherMoo included in the sale is leased, or not owned try fisatlgr, or specifically subject to a lien nr other enctrmgrance, and (Ii) Delivor to Buyer all written materials (Such as lease, warranty, etc,) coricamitg .any such Item. Buyers ability to assume cry such tease, or wiifingnas$ to accept the property subject is Soy such Ilan or triturobranre, is a contingency in faysrt'af St;yer and Sailer as speeffaed In paragraph iS$ and C. c. IT51 IS EXCLUDC-1) FROM SALE! Lf111655 ertheyrtvift SpeCifisd, the fiftffln items are exduded from sale: A (I) Existing sntaa,grated phone and skgornatlan eyet6rrie, incluVI(RJ rfgreS63ry cornponen;s such as intranet and Ittterngt conner ted haarWiuvare or dew", Comtrol units (ottl6r titan nara-dedicsted mobifa devices=, alectranics and campaters) end applicable soNwar_, permissiorss, pasaawt r ts, coatis aand acc eas irrfarmation, are (I... are NOT) included in the aafe. 9. CLOSING AND POSSESSION: A. Soller-raerupied or vacant pra"rty: l7as9esss3an shO b¢ delivered to Buyer. (Q. j at s Pivt nr P«fi0.. ] tutl PM) are the drafts of Close Of Escrow., (fI) EJ no later than NA ealencbrdays Aftir Vose Of Escrow: 4r (iil)'j 1y8t ht%it .A .Atli EI7M *{ 0, sonarRemainiing In ossession,After Close Of Esi ww; If Seiler has the right to remain iri poss®sstan offer Close df Eiffaw. q) the P$rtfes are advised to stgn'a separWo oixdp y 02r meat esvch as;_] C.A,R, Form CL• and (11) Else Parties are advised to Consult with their msurarim and legal a&,Isor$ for inafgrmeflon about flabiltty and daanage or inµrry to persons and pewsoniif and real property; and (Ili) Buyer itr advised to corisult with Nu*5 fender about the unpSM of Seller 5•rtCcu4sency on BCXyePs loan C, Tenant C eLP1r}d Units; F'ossesslon and. t uPork subjeck ta'the eights of tenants tinder a gisffitg leases, Shell be delivered to Eluyer on Close Of Emow. 0. At Close Of Es=w. (I) Sauer assigns to 81syef any assignable wairdnty tights for items included in plig sales, and (11) Sgear shall Deliver to Buyer avalfable Copies of any such warrantes. Broker, cannot and Wil nut determine the assignability of any Warranties, t iiaJydr5 tnivats t sutlers Ir,iti8ts t �, , I { 1 CPA RE>SEO1j"-- CC]i4 MERCtAL PROPERTY PURCHASE ACaftm%ENT (CPA PACT OF 11) pFRei:lridli NilT iIP•IGRi•�hy Yl�)i.d�`, 1F i�','�Q jr �r(pR'tr/U9ti !7l. arrar,Mg editelipi�42risrf vA4W S1ZlNM1k e,wre fvYYSiYi( o.rears.,. DOOVSJpn Envelope iM 01360404-igAC-40CA-BH'it'-O$ A$!%P8FS527 Property Address: 342wFrt A CA �22192.5042 _..w_. #Date: Me 28 2pifl E. Ai Close Of Escrow, unless otherwise agreed in wrldng, Seller;;3ii proY+tm keys.,passwoms. codes snd(itr tt 0119 to Operate all ircks, mailookes. aagudty systems, MOMS, 110M airto: ati0n Sy$le(ts and intranet old tnt{emet-Cgnr eG#eif devices lrlCJtloCfed ir1 the purchase price, and garage clOor Openers. If the Property is a condominium or lucamd in a Corl;nion interest subdivision, Buyer may be required to pay a deposit to•the Ownara` Associat€on ("t�R') to obtain keys to.accesstbla OA facilities. '10, SECirltii�C DEPOSIT$: Sembity daposits, if any, to the rodent they have riot been applied by Hotter in a=rdance with any rental agMrrierd arxf wimnt Law, shall be trwalerred b Wyer on Close Of Esmw, Seiler Shall riealify each tenant, itr Complianna with the Civil Cade. 11. St;LLER DISCLOSURES; A. NATURAL AND ENVIRONMENTAL DISCLOSURES. yak€for 5hatlt, wvilhin the firm spedhd in paragraph IS, if required by Law - (I) Deliver to Duyer earthquake guides (and queatioranaire) and tanvlronmentsl hazardr. baoklet- (fi) even if exepypt Ross the obligation to provide an NHO, 05cfrvse if the Pmparty Is kwAad in a Speulkt Flood Haza (d ArU: Potential Ploading (Inundati0q) .Arxsa: Very Hgh Fire Hazard Zone, State Fife Responsibility Area,; Eartt7quske fault Zone, Seismic HiZard 2'ona, and Oil) disclose any other =no as required by Law and provide ony other information regtdred for those zones. B. ADDITIONAL DISCLOSE RPSS; Within the time specified in Paragraphs 18. Seller shall [deliver to Buyer, in writing, the following disclosures, docurnentasition and irrfosrtaaliort. (1) RF.NTAt, SERVICE ,4t#R EMENT5: (t) All current uses, rents! agreements, 3a WW contracts, and ather agreements pertaining to the opearattun of trte Property; and til) a rental statement Including names of tenants, rental rates. period of rentai, date of last refit inwoa5e, Security deposits, tame; 1Wriaeasions, rebates, or other benefits, it dny, and a list of delinquent rent& and their duration, 6ettaf rePMOnrts thOt PC tenant i6 entlited to any eoftnsion, rebate, or other benefk, except as set forth in those Ocouments. (2) INCOME AND EXPENM STATUMENTS, The books arld rocordts, including a statement of in=rne and expense for the 12 months priding Arcaptance, Bolter repraaor W th2t the books arld records ate t)sose maintained in the OrdinOry and normal course of business, and land by Sal)er in them putatian of feeleraat and state income tax returns, (3) 0 TENAW EATOPPEL CERTIFICATES: (ff chadkW') Tds3wt estoppel certificates (C. A.P, Form TEO completed by Salter or Seller's agent, and signed by tenants, acknowledging: a`I) that tenants' rental or i®are a9r0rrrerrt5 are unmodiffed and in full force and effect (or If modified, stating all Ili) that two lessor defaults exist anti (ill) stating the amount of any pmpakl rent or security claposit. (4) SURVLrYS, PLANS AND EKINEERING VCCtfMIl NTS: Copies of surveys, Plans. specifications and enginoming documents, if any, in Seller's possession or control. (5I) FEFdWS; If in seite es pvssassiun, Copies of all permits and appr9v^a15 concerning the Property, obtaiazad from any governmental endly, including, but not €imited to, cadiffcetss of accupancy, conditional use permits. development plans, and lionsen and permits pertaining to the Operation of the Fircipergr. (6) STRUCTURAL MODIFIOA110NIS: Any knoWn simclural additions or alterations to, or lire instOiftlon. afferation, repair or replacarnent of, s#gniflcant eompariants of the structur4(s) Lpan the Properly. (7) GOVERNMENTAL COMPLIANCE, Any Improvements, additions, alterations or repairs made by Seller. or known tot OIW to have bean made. rvithatrt regdfired govefrJmental permitz, Oinal inspections, and approvals- (6) VIOLATION Nt]Ttt 89: Any 006ce -of violations of any Law tired or is$ueci against the Property and actually knoWn to Seller. (0) MISCELLANEOUS ITEMS; Any of the ffAm-Ang, If artuarilyr known to Seller_ (1) any WrWit pending lawsui!(s), ariveogialion(s), inquiry(fes), W ion(s), or other proceeding(s) afcotmg the Proparty, or the right to use and occupy It; (11) any ura;etatftgd mcbsnies or ma3terialman s Vert(s) of ding the FrOperty; end (III) that any tenant of the Property lg the subjelt of a3 bankruptcy. C. W f't9HOLDING "FAXES Vftiri the lime spfac1Am4 in paragraph 18A,10 avo;d required wlthiWding Sehm %ha if Doliver to Buyer or quatified substitute, an Odae;41, sufficient io comply wM l:edaral (kIRP TA) end tra)Ifofrt a Withholding Lgw, (C.R.R. Form AS or QS). D. NoTIat REGARDING GAS AND HAZARDOUS LIQf.Ii[l'SRAAl5tL4$Sj0N PIPELINE& This naflee la being provided simply to inform you that information about the general location of gas said ltazatdoUs liquid trsnsmfosion pipelines is a3vadelbig to the public via tha Nallon-L! P'Igelirttr MaPPft Sustain (NPMS) InternOt Wet) site metrftained by the tanned States Deparlrwnt of Transportation at !figs;lfirr�aw.nprns.q�hortsa.dtse-gpvf. To seek further information atwut possible transmission pipelines Clear the Property you may C+xrtecf your local ans utility or other pip4lins op®rators in f}te area. Contact Information for pipstine, operaloxs Is searchable by ZIP Code and County on the. NPM5 lnterriet V',feb sire, E. C4i"dDOMI i Atli ILANNED DEVELOPMEW DISCL.OaSEIREfl_ (1) SELLER WAS; 7 (Qr WA ) hays After Arceptanra to diacltasa to Buyer whether the Property le a! condominium, or Is toeatetd in a planned davetopmapt or other oommon interest $ubdMZiivn. (2) If the Propery is a condomin.�um or is locat@d 1A 8 08rMed d6VeltrpM0r1t or Other Common krterest 24WIASion. Soler has 3 for NIA ) Days After Accwptarsce to refit" front the OA (C.A,R. Fefrn HOAt): (I) Copies of any domments required by Law; (i() dlzzloeure of any pending or anti: ipidod claim cr litigation by or against the OA; (W) a stat®ment coritairtin; the locations Orin number of dlesignated parking and storage spacsS; (lv) Copies of the rribst tecert 12 months of QA minutes for regufar and special meetings: and (v) the nettles Oral contact lnfarrnation of all OAe governing the Pfeparty (azllectively. 'CI t]tsckmures"). Sellar shall itemize and Deliver ba Buyer all CI DisdogLvas mceived from the CAA and any Cl Disdosum in Safler's possest,lan- Qray0es approvW of C€ Discluums 19 a contingency of this Agreement as specified In paragraph 18B(3X Tlsg Patty specified In paragraph 7 a5 directed by escrow, shaft deposit faWS into esrmw of dift,Ct to OA or management company to pay for any of the above. -- Sellars Eroiisal6 ( _ t3ilyar's CPA. ReVISEO 12M5 (PAGE 4 F 1) COMMERCIAL PROPaRTY PURCHASE AGREEMENT (CPA PAGE 4 ilia li) rprrnfwean wiiPf YipR4lntXa by �p o�rw �aox 6�niHna Na+o Retort. Fknamr. �i,e�,ga� aeaa8 ktYAX.tirt.s�rn ice■,�ers [X;} ftrt IFAY dpe la 013S84e4.1$A"OtrA B8l7-D8 AB3FBFM? Pro erty Address• 342 fakir Can Pgain o r:'r � , l ,s2162-sti42 Date: Pay'?& 2078 t2<5 ENVIRIONMFVNTAL SURVEY (t chrick®d}' tfulih#i t#A Daye After Accaptarim, Buyer shill .tom pravtdad tf phase one anvirenrhentat survey repod paid tar and robtarnect by ; r�uyes : a^Elt�r. Buysf shall then, its spectfiad in paragraph te. rarnove this minfingency orcrsncef this Aomrrierrt, 13. SUBSEQUENT 01SCLOSURE9: in the Event Salter, prier to Close of . escrow. becomes awsre of advarse Condifipris .rrlaNlially affeoting the Property, cr avy material lrraccuracy ,r, disdasurns, tnfotruiiorl or r>epromteuorts praviously provitled 10 Buyer of which Buyer is othrrrw;5e unarirare, Seller shall promptly begvO a subsequent ar omfended dr5olosune or trrstice to writing, covering those items. However, a sobsequetit or amended 4641asuro shall not be required fear cnr dRjww and material Inarxur$cies dilsclosed tit repartrl Ordered and p414 for by ISWer. 14. CHANGES DURING ESCROW: A. Pr10r tQ Cigse Of Egarow, Seller may onl•E engQ9er !n (hd fellw4rig acis, ('Proposed Changes'), subject to Buyers rights in parsgt h 148' (1) rent sir lasso any vacant unit or other part of the premise,; (if) alter. modify, or extend arty existing rent or lease agiaisment (tit) enter trio; altar, modify or extend any service mritract(s)., or (iv) change the stalu$ of the condition of tore Property, B, (f) 7 (or i AVA ) Daya prior to any Pfdpgsed Changet, Seiler Shall 00tiver vdritten notice to Buyer .of any Proposed t; harigm. (2) Within 6 (or LVA j Days After receipt of such notice, SLej*r, in wooing may give 6efter notice of Buyer's objection to the Proposed Changes in which case Seller shall notmake the Proposed Changes M CONDITION OF PROPERTY- Unless Otherwise 29m9d Ito wrAirrg' (I) true Frgperty is GOO (a) 'AS -IS" in itra MaSENT physfcat cohdititn 9L8 of this Kato of Acceptance and (b) subject to 446r's itz"s gat+On rights; (it) the Property, including pool, spa, landscaping and grouncis,, as to b5 rnainteined in substanrOity t,Fe same, conditign As on ins date of Acceptance; and (M) all debris and personal property not included in the role shah be removed py Close OI Eacmw, A. Seller shop, within the tonne epfricified in parisgrapit jaA, bl$Cj,a36E IClett' XqN MATERIAL FACTS AND DEFECTS affecting the Propelty, including known inRuranim Balms with:n thf<part five'years and maka tiny ,and all otberdlsdmure3 required by law, 0. Buyer has the right to Conduct Buyer )nve$bgettons of Ifts ptog", and. as apocifsad in pamgreplt laa( flared upon intro OUon dil;t4vErpd Uy thoseInVeBfigat%ns: (i) s rtOe1 brie d► re+Frr Rani. ar (.;) regt ie&t that Selfar make Repairs Qr take other action, rm C. Buyer is strmVIly aCi Wa4 to conduct tnvestigastfons of. the enure Property In order to dead>rmine Its present condlitforL Seller snay not ba awwo or all dePerts atfecting the propeai)r or othrsr Meld" that Buyer Considers Important. prflperly Impfovernenr* may not bB WRt ,according to CCdR•, Ili compiiance Ywlih curr+ait Lary, or have bed penn)ts issued. 16, RU YER'S WVMTUGATi0N OF PfMPERT'Y AND MATT4Rw AFFEC71NG PROPERTY, A, Buyer's acceptance of the ciindition of. and any orhgr rrwttar aftcting the Properay, is a naritingensy cif this Agreement as specified In this paragraph and paragraph 190. Vifihin the time see' ifled n •paregrB b i8H(1). Suyar shall have the right, at Piluyef'a expense unteeg oftrwisa agreed.. to conduct inspection$, investigavons, ta4(, surveys and Cther studie9. C'Baiyar tnuesl)gatlans), indUdng, but not limited to, fire right to: (i) inspect far. lEad•bamii i�aind rand other lead=baaed paint hazards: pl) inspect for wood destroying pests and organistr~.s. Any inspection for woad dlesiroyirg Os% and orgeaimms shall tie prepaffid by a regislam(f Structural Peat Control tympany: &half cover the rrsa;n bolding ,ants rattaachad ttructumni; may cover detached 31"OUui'es; Shed NOT Indade water tests of shower puns on uppor Iavet units LiHoss the aurora. of prgaefzy belarx • the shower consartt shall NOT include roof coverings- and, if the Property is a wilt in a cendorninittrri or nt!,er common tlitefsst subdivision, the inspection 411,11111 bmilide only the separate thtara,St and arty Gzls vsiv"se areas babig .tfarsferred, and shall NOT include common areas; and Shag Indude a report (Ties; Ctnttol RtpotC) showing Ina �hdirgs of the coinpetty whfcfr shall be separated into SBCtions for evident Inf®8talion of infections (Secitan 1) and for condi(toris Klaly la tear to inle&Won or infscltori (Section 2). (tit) rawsw the regiktared sex Offender dawase; (iv) confirm the insursblifity of Buyer"dnd ti,- Prdp&t} incft!cIN the avaPAIJIiky and cost cr flood and fire inaurarice; M mview and seek approve it bi leases that may need. to he. assumed by Buyer, arld (vf) satisfy Bayer as to arty rnStter d in the attached Buyers Inspection Advisory (C,A,R. Form 31A). Without Seflef's prior wrlttan crihseat, Buyer shell neither make nor cause to be made; (1) lnvasiye or destructive Buyer Inusstigatioos excaat for mininnWly invasive: t8abrig required to prepare a Pest Cdnlrol Rom: or (11) fn&pectians by Orly govemrnen)at bu0ing o: zoning In POOr or govsmm". ent employurtfe&s mgtj W by Law. H, Seller shaff makra the Property avallabfe for as Buyer IIwesiigatigm. Buyer shall (i) as speeilloo irr paragraph 1813, complete gUygt Investigations and either remove the trHPtgency ar carica.1 l]r),s Agraement, add (fQ give 5e)ler,. at no cost, rarnplete Capfes of al) such invastigaticn reports obtained fry Buyer, whin obtigati6n ;shaft survive the lerrrtinst)oa of this Agreereant_ C, Seller shall have water, gas, elects'icity and all opetobla pilot lights on Ibl" Buyers$ Irivesiigstlans and through the crate possession is made available to Buyer, D. Buyer Indemnity anal ssoller protackion Oar entry upon proper'iy: Buyer snail: (1) keep the Property ryes grid clear of rorend;111) repair all damage mizring from Suyar Pnve.5NatfonC tand' (fit) iridamify OTO hard Salter frarrrilasa from all resulting tfabilily, claims, demands, damagds and costs- Buyer GfaaR czriy. or Buyer shah 3requlri- anyone acting Qo Buyeen behalf to carry, poNcies of IlabiGty, wotken, ce m¢rgrtsalior and other applicator .nsu any &, dEhOndirrg ^4 pralecting Sef.o er rrr iiabikty for any injuries to persons or prnpergr Occurring during arty Suysr lnvrastEgatlone or work done on the.Pmperty art Suyer'O dilrictlen Prior to Crass Of Escrow, Seller is advimeQ its,7t certain protections may be fartiardad Steer by recglr)lrtg a 'Notice or Non-ROSPODSibifrty" (G,Ak. Potrri NNR) for %Yar Invest htfpns and work done an the Property at Buyer's (Jirlgtdioin, 6uyef,$ QbElgatior:s under this aaragaaph shall survive the termit Mein of lhisggrearnent. 17, TIT't.5 A14D 1ESTINGt A, Within the time specs wd in pgmgrapii 10, 13Lkyar StsaJf De provitfhft a uLeMrit preliminary trite report ("Preliminary Reporf°), The Preliri*iary Report it only an offer by the litie ihay.rer tt1 larmet a policy of- me insurance and may nacl Contain ovary lean Sf #ding lido, Buyers review of the Pretiininary Rvpgrt and eery other rrmder'a which may affect Nfe aria a contingency of this Agrpt.rrienj 0 apedfled in paragraph 180. The company providing tha preliminary Report shall, prissy to Issuing a Prettrrrtnarg fwepad, conga a search of the General -Index for all Sellers exz;apt books er other institutional lenders selling proporties fney acquirers thMMgh fofeciosufie (iREOs), colporation;, and goverrinwnt erndIes.. Seitar shaftf w"in 7 Oays rafter Acceptance, glvo iw.$CtOW ftolefgr a Cofnplgked 5tatenietit of tnfornteow, S. Title is Laken in its present umdition subject k6 all en+~trm7r�tgt�s, aagernerets..ccvenants, ccmdibom restrtciforis, rights aria other matters, whether of record or not, &. of the date of Acceptanco except fur.: (I) monetary lime, of recotd (qql O Sellar it, ob%ated to pay OM un♦e66 8nyer is Wsu nirQ those Cbfigis ons,or.ia$tirttd tha Properly su4em tit MOM Obfiga(ionz; and (ii) those imaf ors which Salter teas agreed la remove in writing. C. Within the lime specified ^ ZMgr;spt)1SA, Bailer hot a duty 0 jii3sose to Buyair all tnE#erS known tq $ej�F trill Cling p8e, whelher of record of Buyer's intfla$s y (# Salters tttlrisl$ ( ) { ) CPARE3rrrECl a OF 0), .. " CC]MMERCIALPR4�$14�RYYPIjP-CHASEAQft�8MFNT (CPAPt42ClFt9) PWL"A w+.4r00"049 40444 18070Filwen YAbixn A Frbfrr:'MAtcrrt�dR•4RrY76 �;>+.S�In Kminx VoL : T?ign 1=rivelope 10:073Bi's4 4.'ISA ..tOGPr flt7.O8A63i"� '$52i Fropeq AdICIMSC &2APjVjYif ark fir FrmFrrr r j 8 2 t-15 42w -- t tsw, 28' 2Ole D. At Close Of Escraw, 84yar shall restive a grant deed cry,vaymo title (or, for stock cooperative or tang -term tease. an 2150grtt'nont of Stock Certificate or of Sego$,$ inothold interest), including aff, minsrai and Water tights if currently owned by Salta$,. Tile shalt west as designated in Suyees zdpp(er ientaf eacrVx In5tfacl,`Otts• THE MANNER OF TAI(ING TITLE MAY HAVE SIGNIFICANT LEGAL AND TAX CONSEQUENCES. CON$UL-t-AN APPROORIATE i'ROt=)7ZSlCrhtAl E. Buyer shell receive a slandan4 coverage ovwers CLTA poliry of tlt£a insnran=.e. An ALMA policy M the sddlt!Ort of endorsements maY provide gremlef CQWfage fcr Bsayer. A Oil@ r=pany, at Fottvaes mgdest, cart provide Information atao+rf the avaitabNity, desimbllity, co*ra9a. and cost of vatiipus title insurance 00r3g5s acid andsytwmenus, it Buyer desires title .coverage other than that raq!iW by ihis paragraph, Holier small instruct Escrow ttolily in writirig and small pay any increase 16 spit. 10, TIM PER1005. REMOVAL OF COf> TINGE ViiES• Cr N(• ELLATION RIGHTS: The fmplowing time; porlods may only be extended, affered, modified or ehanged by mutual wrRlta afgraement, Any iLbmc rat of cvritingenctes or Cancellation under hits paragraph by either 8uyar or dollar rretest be exarcleau m goao fAith and in waiting (C,A,R. Form ck cw cc). . A. 3E41-8R HAS: 7 (or nvA) Days After Acceptar,c,e b, Deliver to Buyer afi Reporm. dkcbsufft and irtforma6bn roc which setter is mr-poneitats$ under pet'sgrdphs oA, 6, 7. 88(7). 1M, S, C. O and E, 12, 15A and 17A Buyer after first Dolver5no to Salter 8 t+oke to Seller to Perfst m (CAR. Foml N$P) may canoes this As memen', if Seller has not Delivered the items Within the time specified, 13, (1) BUYER HAS: 17 (ur Ntmr ) tlays Aflor Auceptance, unless :.fheiwjm agreed in writ rig, tea` (1) Complete all Suyw7n—, aelhpistWna; reviw all dascissiuma,. raywrr% INse' docurnernts to brs assumed by Swat purnusnt to paragraph 8l3(7) and other applicable Worn. vKhfrh �uyr«treori+rats hrxr, aeli2r err d s>✓ptove aSmattears ectinq the l�roperby. (2) within the bole spetIPed in paragraph 1Mt). Boyer fits+t Sel)rsr $,make tepriirs or lako any other action regarding the Prapaerhr fC.A R, Portia RN. Sraltar has no uW,,'gattan to agree to or r%pond to (C-,.A. Form RRRR) Sup e$ requests. (3) By the ana of the three specified in paragraph 185(i) (ar •ac e;.theRtisa specified in this Agreement), Buyer shall Deliver to Seller a rcmoval of the apphoabta Contingency, ac c3n6alaflon tC.A-R, Form OR or CC) of this Agreement, however, ff any report, disclosure or Information for which Seiler is respnns1�10. is e`.Ot Reliveree9 within the tfirro specified In paragraph 18A: then Buyer has 5 (or Nkt ) Days A>•',=r Delivery Of ar1Y such items: or the time 30dfied In paragraph 183(Z), vrhict°.avor ii later, to Qeilver to Seellar a mnoval of the ?.ppfieat?Ie contingani;y or Cahealtatrolr of ties AgtSerttellL (4) continuation of contingency_ Even aft e' tze end of Wecified in paragraph 1A8(1) grid bafoM Seller cancels, if at all, pursuant to paragraph 18C. Buyer ret3ing We right, in writing, to either (1) remove straining conthtgenciee, oe (!)) caficel this Agreement tensed on a r8rrfairing Contirtgenty, 'ow3 ;Buyer's writton rerl mal Of all eantingencies is fmiverect to Seiler; Sailor may not carncet tills Agraeement pursuant to parr.�raph 18%1), Cr SELLER RIGHT TO CANCEL_ (1) Seller right to Cancel; Suyer rentvigeyne l6s: 9. by the flma spaeifteez in lids Agmernent, Buyer does not Deliver to Seller a mirrmval of the afficfinle c;,ningency or cancellation of Mrs, Agraemen4 then 5011ar, 4RgT fast Dallvdting to Buyer a Notice to Dui Qr to Performs (C_A.R- f=9rm NEIP), may cawAi This agreement In Slat event Seller shah authorize the return of Buyers deposit, exaVt for feft incurred by 8uygr, (2) Seiler right to Car4,t; 15uy& Contract obiliPtIOns, sager.aflar first delivering to Buyer a Nap, may cancel this Agreement if, by the time spec fad In thus agreement, Buyer noes not 61Ri the fallowing artion(s): (1) bliposit funds as raquired by paragraph 3A or 35 or it the funda'depasit@ti pursuant ta.paragrsph'.3A or 3B•arbt not good when deposited; ffi) DWrvar a letter as requinut by paragraph 34(1); fill) oelivsr variiicaiipn as requIM0 W paragim9b 3C or 3H Or it Sella r 000nabfy diWpmves of the vetific9on pro Addo try Pamgrapah. 3C or SH; or (irr)'t ,milting arsum or i9ceept loases pr lima &P&KW in 8B(7): (v) Slgrr ' initial a separate 1;quiciated tiarrrag,ea form for an indre sad .de(ioSi1 ma sequred lay paragraphs 3B and 255; or Jul) Proi4de evidence of attthorlrY to sign ii a reptasentQ$4 ca¢aacfty as specified in paragraph 23, In such avant. Seller shall authorize file (0114M of-13uyer's• deposit, edxt*pt for ie--n incurred 0y Buyer.' D. NOTICE TO BUYER OR SELLER TO PERFORM: The NSP & l ye andlk (l) be ire y+'rig% (1) be signed by the appticabte Buyer or Seller, and (fit) give the r r Party at least 2 (or N )' Days deft? I1QhW(or until the ifnle ppeurted an the applicable paragraph, wirfchatvar occurs Iasi to take the opplicable adpexm. A NSp Or NSP may neat 'b& WiWACI any eariiff than 2 DWs Nor to the exp!rA*m of to appli0abla lime for the Other Parry to resncare a cWtitVa=1 or a mwa) dtts Agraernerrf or mail an ablgajion % edEed in paragraph IS. E. r=FF'ECT OF BiUYWS REMOVAL OF C4lVTIr NCEESf If Buyer removes. in writing, any contingency or caneegetion rights. unless otherwise specirr8d in irtriting, $uyer shall eartnclu6461y tie deern@d 90 have: (1) Camptatad all Buyer Invesilgations, and review of reports ano ntl)0r appiicalale information ar,H. drsclq,surea pertaining W that contingapci or cancellation rtgtr(, (Il sleoted to proocad with the • trsmaotlon; and W!) eesrarned all liabiRy, responsibility %rice expe�rtss for repairs or cotrecttions pertaining to dual Contingency or Cancel!allon righl, or far thca inaisilhty to obtain financing, F. CLOSE OF EStRt9titf: fit.fora EtlryFr or Seller may cancel Geis Agreement €er (4&re of the otdrer pgdty Io 6t0ae escrow pursuant to INS Agme stem SUyPer or Selig- roust firs£ Wlu;i to lire other party a clernand tea stoic fttmw (CAR, 50tM DGE), The DUE shall, (1) be signed >yY the settle abre St,yer :fir Seli,ar atrp (tt) give the attier Party at least. 3 (or yq., ) l0ays After Delivery to skit egs amliv. ADCE may not beg Delivered any earlier titan S amys Pnor.tq the achadulod elgse of escrow. G. EFMCT OF CANQELLATION ON D4POZrro, if Suy)Rr OF Seftttr givds Y�riz±an notice ctf cancellation pursuant to ritphip dVty exercised under lilac terns of this Agreement, ;he parties a9r$a to Sign mratual Irtstrtrcilanfi to Carcef the cats 1011d esero+af and relB938 sitipasits, it any, to tha party Bntiite.d to the funds, less fees and ceists Iricurraf by M21 patty. Frees and coats may be payab►e to service provicle3re and vandors for servioes etrd groduCts pre lded during 4tsCrow. Except As Spree ad beiolr, releraso of fxmds wilt rerlutre mutual Signed release Irtstructlorrs from ttlm Parttas,'judiolet decision or artyitration award- If elther Party fails to exelcule foubta( instruCIiorrs to cancel escrrner, one Party rnery make a wrtttefo Cie rrlrlrirt to Esc►aw Holster for 11119 deposit (C_A,k Form 8DRD Or SDRD)- Escrow Molder, upcf, receipt, ahal) promptay dakwer notice el! the .dernand ap 1he outer Party, 9.. withlrf 10 Days After Escrow Holder8 notico, the other Pgr'ty does not object to the demand, F-scrow Ho!dw chalk xdisbt me the deposit to the Party making the demand. If Escrow Holder aompfleeb +Nitro the preceding process. each party shah 0 deirrned to have released escrow Holier from any and all claims or liability related to the disbursal of the dipcsit, Escrow Holder, At its discretion, may nonetheress require mutual cane=I(Otton InalructiQns, A Patsy may be ,subject to a civil pranalty of up to S1,0110 for refusal to sign cancellation iftstructtorts If no good Nth$, dispute assists as to wiro Is entitled to the depaefte a fur os (Cmi Code §7057.3). ( qe Buyees Intfte)s t � �'� 5eetters Initial* CPA REulB>~P 72115 tP,4Ge 6 p . • , .�sya COMMERCIAL PROPERTY PURCHASE AGR ENT (CPA PAGE 6 OF 11) 0'rW1XAch*'1h „pFem>A by ziri:npex 18079I Mon LlAb--W4d. R2.sa• filMgmn dWX ; Mftj w ijL ,dm = It.a,led DmmSrgn Brwetopo Of 0136e4tl4•19AC-4OCA-BbiT-uoA63iFvos27 PrWpertyAddress: ?a4 Parris on-Dr,� Faatrra S_arorrlts, C+4 J23�2-51142 Date: Ala _ 19.REPAIRS: Repairs shall be Cr3rrs{ai�tsd Prior its fna; ver.fiwfion of copdition unless �theCvto9a agreed In Repairs to be performed at Seller's expense may be performed try Sadler of (rrtough others, provided that the work c aniplies• with applicable Law, including govarnmentaf permit, inspection and apptovpl mcga:frements, Repairs shall be performed In a good, skillful rraan for with materiale, of quality and appearartca Atompasrat* to •exieng Maiarfals It is understood that e)cact restoration of appearance or omnedt. items following all f apair5 may not be possible. Seiler shall; (1) obtain.Invoiices and paid rpWpts for PopgIrs perron@d by others; (If) prapare a w6tCea statrtoment indiwtirig the Rsoalre performed by Seller end the date of such Repeim: and (M) provIde Copies of Islvoite t and paid receipts and statements to Stayer prior to final velliosVon of cbnffifion. 20, FINAL VERIFICA-11110 V OF CONDITION, Buyer shall have. the right to make a fa ml uerilication of the Property within 15 (pg fill ).Days Prior to Close Of 8scrow. NOT A5 A COWTINOENCY OF THE SALE but solely to confirm: (i) trees Property is irtaintatrtetl Pursuant to paragraph 15; (kl) Repairs have been completed as agreed' and (tPi) Sailer has compiled With Seller's other obligations under this Agreasmcnt (G.A,R, Fbmt VP)_ 21. PRORAMONS Of PROPERTY TAXES A140 0-rNF9 ITEMS: unless ntnersr"agreed in writing, ttw following items shelf be PAID CURRENT and prorated bet7aa eyi Bulger and 5ell6r as of Close Of Fsctow: real property taxfa and assfissrraasnts, interest, rants, OA regular, special, land emerges y 4u>ss and a isSeStartaeatts imposed prior to Claw Of Esortw, premiums on Insurance assumed by Buyer, payatrentS on oonds and assessments Aarirrrsed by "or. and payments on Nelto-Roos arrtl adi& Special Assessment t)f4trlCt bonds and assessarersts that fire flow a lien. The fcllaxarirg items shall be assumed tsy Buyer VVITHC)UT CREDIT toward the purchase price: prorated payrna3nts' ov Mello -Roos and other Spacial Assessment District bonds and Oss m:aments and HOA special as3essrnents that are caterer a lien but not yet dUe. Pfopeaty wllf bs MSSaSSed capon 091719aa of Cwne(Ship. Any suppleiventdl tax b;tls shall be paid as foifows. (if for perigQ After Close Of Eicro+w, by auyer; and 411) for pariods prior to Closaw Of Escrow, by Seller (sw G.An, Form SPT or S135A for fUrther information). TAX 81E (.5 ISSUED AFTER CLDSF- OF ESCROVV Sid LL 13E HA NGLED DIRECTLY KTWEIZN RL)YER AND SELLER. Prbrations shall be made b&zed On A 30-day month. 22.BROKERS, a4. Ct3MPENSATI04 Seder or Buyer, or bout. as appliC&rr, agreed to Pay conipsnealion to Brasier as specified in g separatewritten agreement behw can Broker and that Sailor or Buysc. CArnpansatiort Is payable upon Close Of Escrow, or if escaaw does slot close. as otherWlse 5pecited In the aareament bolwan Broker and that Seiler or Buyer, 8, BROKERAGE: Neither Boyer nor Belief leas ulilited the sal+ices of, or for arty outer reran o"s Eompatnwdon to, a licensed feat estate bmkor (individual or•oxsif3CN`dte), agent, finder. or otharer%%. ottller than issspecir;a:c4 in this Agreement, In ronnQctionwltti myact relating to the Pmperty, iWudiris but not limited to Inqulrte5, ilftttduitiom, C6nautt39ons and 1109066tiOn5 Wilding to this Agrownent Buyer and Seiler each agree to Indetnnlfy, rieferctt, and hold the other die Smkws specified herein afad their agerils, hatmlos from and agairisst any crests, expenses or liability for compansauon canned ioconsis�ent wth the warranty anrt mpresents tms in.#3t15 paragraph. C. SCOPE QP DUTY: Buyer and Seller acknowledge end agree that Broker. (t) Does not decide what price Buyer should pay or Seller should aompt; (11) Does not guarantee the condKibn of the Pmpmrnj; (M) Doses not gueantraa the perfalmanCB, adequacy or completeneSS of inepKJoras, serVieft, products or repairs prtrv+ded or made by Seller or others; (hr) Me& not two an oba9ation to conduct an inspection of acrnmton areas of areas off the file of the Property; (v) Shall not be responsible for identifying defaots on aloe Property, In Comm -In awes, of offsila urrEAss such aefOCtS WO visually ab5erveble by 9n inspection of reasonably a1cce selb le araaS of the Proparty or are kninyre to Broker, (W) Shall not be responsible 1mr inspecting public records or permits =ncwning the mile or use of Prop"; (Vil) Shall not be responsible for Idenlilfying the Jose ien of boundary Floes or other items atfiCting title; {y1u) Shall riot be m sponsibte for verifying square foeLatge, reP="ta0Zn6 of others or information =Wlned In investigation reports. Multiple Listing Service, advarti$sem nts, flyam or other promotional hlalerlat, ft) Sh9li not be responsible far deterrsrining fhtr fair ma*et glue of the Property or any Frsr&nnar property included in the sale; (x) Shall not ba 095ponsible for provldtng legal or tax advice regarding any aspect of a transaction gpkemd into by Buyer or Seger; and (lit) Shall not be responsible for providing other lad vice or information that excei-ds the knowtedre, aft ucitian and expo ante reciuirasd to perfotfn real estate tkGen&ed activity; Buyer and Seller agrea to seek legal, tax, insurance, title and other dashed ml5 stanm from appogpdata prafesslanols. 23, REPRESENTATIVE CAPACITY: If rare® or mwe Parks is s)gnirtg tine Agmafamsht in a representative capacity and riot for himlftersetf as an inclividuA then thaaf party 9hal so Inclicaft in „ ragmph- 40 or at7 and attach a ftepra5gtitalive s epaclty Sipraatr2es Disdosufs (C,A,R, Form RCSO). Wherever the signaluri or initlals.of the repramatathae Idenaed in #as goso appear on fhg Agrwme.nt or any felsted docurneb. It rhWi be deemed to be in a repraaentativo rapacity for the enilly deasrribed and not in an individual rapacity, unless oftwise indLlatadi The Pointy acting ,n a representative capacity £r) repmSents that the entity for Which that party is acting already exiets and C) shalt Dulissr to the of wy party and EscroW Holder, within 3 Days After Accaptanoe, evidence of autltodty to act in that WWdiy (SUCK as bare ra{st lirriildd tn• arapficRbj8 polon.of Ow trust of Cedifimilan Of Trust (Probate wade 15100.5). la tars t%tamentary, court order, pov aL of attorney, wiparale re elution, or fi (mg to docum6ft of tote business fantitya 24, JOINT ESCROW INSTRUCTIONS TO E-3CROW MOLDER, ' A. The Mloiving paragraphst or appt PaMQ portions thdmof; cif *.Pets AV* rMent t omst;ituto tha joint escrow triaaxrucooAS of Sq( r anct Seger to ftcml Escrau Holder isf to utp' dlong wllh arty related counter aura and addenda, and any addi'Uonal mutual instrut:lioras to case rf'4 esr.rouv; Aai�gl`ep616 "►. 3, 4,8, SA, �a. 7, tQ, t1D. 97, iBKa, 21, 27�Fl, 23, 24, 3g. 3s. 3g, 41., 4� and parapraph D of tl'ae section tided Rea! Estate Brokers on pag® -1i.'Wa Cody Of the SeP5r tk compensation agreement(a) provided for in paragraph 22A. or ppdrpgreph D of the sa l:tion titled Real f sWie Sir ers art page 1 t f;;' deposited with Ssckw HOWer by slicker. Escrow holder shalt a apt suCb agr"rnerit(s) and pay out bom isuyees or Seller's. funds. or both, as applicab;%, i3ot: Broker's oampefmation provided for in such sgreenterat(s). "firs tell -As and 0=210rys of this Agreenient not sat frarth in the specified paragmphs are echo %sit awftam for the intgnaation of Escrow Holdw. best abotA yu64rh draw HoIder rived not be cnrtc erreed. Buy43r end Soler wiir rash* Escrow Holtt ea3 general praafslona, If any, dismay ikiam Escrow f-torder antic WGt exetua such provisions within tote oboe specifier] in paragraph 7C(t)(c), To Use extent the general proyAsiorw am incatWstent or oor.fid wig) this Agmarna nt, the gewal pt%isions will cottfrtol as to the duties and obitgatilDns of Escrow Hoider only "or wad Salter void executay additional Instris�iians, cl=urnants and tiprrns pMyfded by Escrow Hokier ff�t are rsaasonaab ngecsssary to dose tits' escrow arid, as diredad by Esc#aw i-lotder, within 3 (er art ) trays, shall pay go Escrow Holder a a. emem com lmny cv roars My fee regi iced �by paragraphs T, 11 or elsewhere; this Ag La mrit, Suyeerr. lnit§als ( t _ 1 seller's InAlas ( ! t GPA REVISED t211 S (PAOIt T D i �.._........_..... i COMMERCIAL PlItOPEIRTY PURCHASE AGREEMENT (CPA PAGE 7 OF 11) . �itatrllCAN with x!�1KoR'f�e5!'�71-�qf ;®Oi0 FL9Bah ��6lZOFtl. r�AAi! 4�`JG81'�BU25 xvsw •loeeafk ecvn ,l:pul,r2 mui..uuRw DiXuSigrl F-twefope ID. 013 B3a$d-1gAC40CA•SEtt 7 OBA£3Fi3P6U7 proExer;y Address 342 Ai Palm Carrynra Dr, PitL_ S .Finns„ CA �2P5�- �� � bate. A-&V_.28, �� , _ S. A Copy of this Agreement ipclutfing any antutter offerts) and addr'ndu 8h81f bd ids➢Wi led to tscrcw HAtd6r ;➢thin 3 fatlye After �Clder to.`6, a w, the vafdittir �( this Agreement WS betvre�r� - D' 8nyer and Seller authorize l=5crow p 1 A`! . hrgldat % accept sill Pe4y pie Co as and Si In this Agrismanl'as Originals, to aeon escrow and for other purposes of eec�a Buyer and Seiler is not at%cted by whather or .vhen fterow Molder Signs this Agreement 1`scraw Holder shall pravrde tiattar'S Statement of:lnlommkon to Tina romparty when recaivgd from Seller: if Seller delivers an affidavit to Escrow Holder to sahisfY Seller's FiRPTA obligation under paragraph IOC, Escrow Holder shah deliwr to Buyer a Qus➢Tien; Sub)st:tute statement hp,, a PW4-with federal Law. C, Brokers are a Carty to the escrow for the ;rate purposp- of Ccrnpa,,30an pursuant to paragraph 22A and paragraph 0 of the section titled Real Estate Brokers on page 1 a.. auysr and Seller orrevocably assign to Brokers compensation specified In paragraph 22A, and irrevocataiy instruct I screw Holder to disbursa those funds to Brokers at Chose Of F 5crow for pursuant to any other mutually executed cancella=kr. agreement. Compeiiset'fon instructions rare be amended or revoked only with the written consent of l3rokem Buyer and Seller shall raiesso and• liald hwmta" Escrow Holder from any ilab➢lily resulting from Escrow Holder's payment to Broiler($) of compWisation pLjMu&rot t01his AVeement. b- Upon receipt, Escrow Hc3lder strati provide Seller and Sellers Swker verification Of Suyer'S deposit of funds pursuant to paragraph 3A and 35. Once Escrow Holder b4nornOs myare Of any of the Iollowrng, Escrow Holder shall Immediately nogfy all Brokers: (t) if Sayers initial or any additlonsf dbG+aslt.is not prarsuartt to this Agreement, or is not good at time of deposit with Escrow Holder, ar trip rf $uy�or grad Seltar (nslPuct Esmaw Hede, to cancel escrow. E. A Copy of any t3mendment that affects any pa*6'VI ttais Ftgraamagra4 far which Eswow Holder Is renporrsible shag be delivered to t~acrow Holder v Alhln 3 days after mutuai execution of the amendment "cra. REMEDIES FOR BUYER*$ BREACH UP CONTRACT, ' A. Any clause added by the Patties: specifying a rsmedy (such as rslasse or forfeiture of deposit or marking a deposit non- rsfundtable) for fallurae of Buyer to completik thoi putobase in violation of Oft Agreement shall be deemed Invalid unless the d au6e indepondeady satistiarss the statutory iiqufdaatert etamages requlretasents set forth in the Civil Coda, B, LIQUIDATED DAMAGES,. 9 Buyer Salta to t;amptete this plarchase ➢ use of Buyer's default, Seller $hall ret>iin, as Ifgulaoa d d'arnages, the dspasit acueaRy pad. ewy'%r skid soar a$rt- treat ifita amount is a r onabla alum given ##tat it is ➢mpra>a" or e)dMrnaly diftlbutt 0a that would actua %) be suffered by Seller hl tbaa evaartt Etuyer wa m to breach Mis.Aj2me nent, Reieaset of 4w4s wilt rmgotm mtttaisl, ftned rakaso Izoatrt,ations from both "grand Sebr, Judieial decision or arbleratlion Ord. AT TWEn OF ANY JlNrR.E MED DEP IT 13UY01 AND 38-LER tilt LL Snarl A SEPARATE LIQUIDATM DAMAGES PROVISION WCGRPORATINI ir,i E IDS IT AS LIQUIDATED DAMAGES (C-A.R.FoRm RID). Buyer's Initials 5eEler's Initials ._. _. 25, DISPUTS RESOLUTION: A. AIEDIA'FIt7N,. The Parties agree to mediab sny dleput- ar dailm arising WtWreen them out cif this Agreement, or any wsulfirIg transadon, before r&sortbg to Ubitration or court aMon through the CA-R, Con5,-7FLr Medla5on .Cer♦ter (wnlwhV carsu termadlidlon,orgl) or tivough MY tither medi8tton provider or seruico rau"y agreed (a by the Parties', the Padres also agree to madlm& any disputes or tlafma With Brok8r'(s), who, In w6009. agrwt £o such modiaeon.grlor to, ariW-thin ,a mafaonakate tiara aftasr, the dispute or eMm is pnesar&d to thrr Broker. Med'aWn fees if any, shall be divides equally 3rri" the Faatiw imvnfved. If, for any dssputa or olaalm to v8tfcl, this paragraph applies, any P" (i) cornmmnces an O+~OW Withad limit attempting to teztive they matt, thmugh mediation, or @ before commerMMOM of an action. rekrsQs to Jn Oahe after a rMguest has bp+en arcade, vaen that. Pasty shag not be en.0tied to recover 4amey beak, 4wan if they wDiAd t*vra➢se be aavailabre to 014 Pzrrty in any suit arJam THIS h+IEDIA77 N PROASION APPLIES V*ZjHFR OR NOT THE ARlgl tRA'"ON Pi mnsloN is INfAALk), Exelmlons fr mails mediation a9mament arc spgood In paragraph 2M ' t'3_ AitWYRATION Of DISPUTES; The Pardee a rare thai any dispute or claim in Lahr or equity arising between therm out of this Agreement or ashy resulting trprysact€on, which Is not whittled through me4lation, shall bs decided by r�cutrrai, bindippi aeb.%artion. The Pargitei aisa agree to arbitrate any dliarputes or clelims wl�i Brtakegs� who, In writing, agree to such atEaitratioa pr'itjr to, or vAthin a reasonable time after, the dispute or claim is presented to thF gaiter. The $rtcltrator sWI1 be a?} ratlred judge or justice, or an attorney wAlh at least 5 years of traini6aryUanal teal astate Law experionce, unless the parties mutually agree fie It, different arfaltratcr. The Parties shall have the right to discovery In accordance with Cade of Civil Proaeduro §1283.05. In all other respects, the arbitration shall be conducted In 8=rdance with Title 8 of Part 8 of the Cade of Civil Prot:gdure. Judgment upon the siWaird 'zit the erbittratorls) rnaY be entered into any court having jurissdiotion. finforcement of this •agreement` to, arbitrate shaailF be gPvamed by the Federal Arbitration Act, Exclusions from this spevifiod in paragraph 26C, "NOTICE., By IN'ITIAUNG IN TW SPACI-.BELOW YOU ARE AGREMNG TO. HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE 'ARNTRAT16h of DISPUTF5' PROVISION DEcloEID 8Y NEUTRAL AR81TRATION AS PROVIDEb BY. tAWFOWNA LAW AND, YOU Alke 01VIN 3 UFO A14Y BIGHTS You MIGHT POSSESS TO HAVE THE DKPUTE LITIGATED .IN.A COURT OR .FURY TRIAL. BY INIT1AILING 1114 Tee SPACI^ SMOW YOU ARE GIVING UP YOUR-JUOICtAL RIGHTS To 0113COVERY AND APPF.ALt UNLESS THOW RIGHTS ARE SPECIFICALLY INCLUDED IN THE 'AMITRATION OF DISPUTEW MOVIS101y. IF YOU REFUSE TO SUBhatlT TO ARBITRATION AFTF-R ' A RgEING TO' THIS PROVISION. YOU MAY BE COMPELLI50 TO ARSnRATE CiUDEFE'IHeAUT"HORiTY OF TFl>:? CdALIFOFtNIA, CODIEZ OF CIVIL PROCEDURE. YOUR AGREE[fi NT TO THIS ARBITRATEON PRO1/ES1ON IS VOLLINT'ARY:1 'WE HAVE R15AD AND UNDERSTAND tHl1 OREGOINd ANJ3 AGREE TO SUBMIT DISPUTES ARISING 01A OF THE MATTERS I£aiOL13DEt liAi f 6iw; N O I�3Sf'UT3 'PROVISION Ti? NEUTRAL ARBITRATit7lV." t`luyer's lrtitialsw .-. - sellers initials Buyers Inhigig (s G d ) Salters Wilats b Ff1RPSl2Gl3Ai,. P#tC1Pf=ig'tY P1tRC'f�tSE �ICrFZ�`EAtiBllti' (z;>p6t 8}i:OE tl C3F''l'fp a�ad�{ed w!M 7 h1:9�ffiNY tiN-bra+X ?dote FmQw Nf ROW1. Fraser EA10 M 40024. wmtin� DOWSign Envelope 10, 6l35B4 �.19AC-40CA-e877-C)eA63F*FS527 Prop arty Addmss;1%ly N`gq C?fy Date: hgg 13 2076 C. ADDITIONAL MEDIATION ANO ARO&TRATION TERM- (1) EXCLUSIOIN& Thar following matters afe excludatd from moc;iavun and artatmt;�n: (I) a judfalai nr ntanqudiclai foreciasure or other action or procoadino tea onforCe a dead of tmst, nioA9age or iri$tallmgnt land Salo contract ss defined in Civil Code WOE; (il) an utnlavdul detainer asatfan; webs pit) any rxratter that is within the jsirisdistion of a probato, wall claims orbankmptay caurl. (2) PRESERVAT30N OF ACTIONS, The fetlawirig shall not t 0natikute a vwolver nor violation of the mradlation and arbltration iarovlslcna; (d) the Ming of a court aatlan to Pe"A" a statuta of lf(ftita"atis; (11) ttra filing of a court action to enable the racerding of a nofte of paa3ding Utlan, for order of attachma rit, resefvemhlp, injunction, err ether p!ovls1onst ramadias; or till) the filing of a ripe tAxatc,s fisn. . (3) BROKERS: Brokers shall alit ire) obft%tod nor corripz&t ti to modiste or ,arbitrsto unless trhoy ®eras to do So in wridrsg. Any Srckw1z) part'w1pating In mediation or iirbliration shall not be de' emrad a PartY to the AWeemenL . 27'. SELECTION 'OF Sl5RV(rF- F+ROV30SRS. Sreslters da riot guarantee the: performsnce of any vendors, service or producl providers ("Pmvidem"'), whether referred by Booker or selected by Buyer, Seller or other person. 134yer and Seller may select ANY Providers' of their awn choose% 29. t1 UL7111PLE LISTING SERVICMPROPEFcTt° DATA SYSTEM: If Omker f, a participant of a Witple Lts€nq Saruica ('41fi€ S) or property[ Data System ('Pl}a y, Bra car is euUtorimhd to report to the'i &,S or a-DS a pendog sale end, upon Clore Cf r sorawr, thin tefMg of Us transect(on to INO FLUzhed and disseminated to Persons acid enlirlee authorized to use ilia information on terms sppsaued by ilia MLS or POS. 29. ATTORNEY FEES: In any actlon, PMWedmg, or arbitration t* wean Buyer end Seiler arising Dirt of this Agmetrmt, the pnin aft S*r or Seiler shall be entliied to reasonable i ttorrusya; fees end corm from she sV-prmwailirrp 84yer or Setar. except as pmAded In paragraph 226A, 30. ASSIfiiVInIRNTt Buyer Shall! not assign all or AnY ,Part o(SuyrerS interest in this Agrument without first having ohtalned the wdUen cwsent of Seller, Such Wnsent V)Olt not be onraaswably vAlhhOd unless olhe:rraisre agreed in writing. Any total or partial assignment shall not rcCeve Buyer of Buyer's obligations pursuant to tKs.AgreernerA unless otherolao a'ngrWd in writtng by Seller (C,A. R, Form AGA,A), 31.SUCOUSSORS AND aASSiGNS: This Agreement shall Ire binding upon., and .pure to the aanefit at, Buyirr and Seller and their respective successors and assigns, txcftpt as otherv0se, provided herein, 31ENViROPIfiT,'ENTAL HAZARD ttONSiXTATION-1 Buyer and Setter act nowladga: (D federal, SIM$. and loom legWation impose haWlty upon existing, and former owners and Usefa of iaol prmpartyr, in applicable situations, for certain tegislatively defined, environmentally hazardous sowt2mces; (tQ Srokegti) h=lha+ve roads no repre5entat on conceming they applicarblItp of any such Law to this transaction or to Buyer or to Seller. except as otherwise indioated in this Agrearnant; (Ill) 8roRor(S) hasfhave made no representation Concaming tha mistance, testing, discovery, iocalmn and evaluation ofifor, and risks posed by, environmenisify ha ardous substances,, if any, IOCated on or potentially ar4L-Wog the Property; angi (1v) Buy<ar and Seller are each acl%5ed to comiA With teebril4al and legal experts concet inK; tl'* OXiSiAME, testlrAV, 40660verY, location and OvAluatfpn of(for, and risers powd by., ens hOnrn0fitally haz:Rrdous ButlatanCos, if any. located on OF poirorWally affaclfrig tote Proper. 33. AMERICANS WITH 01SA$IL IV3 6A6i': The Americans ilAM Disabilities Act (ADA") prohibits disgiMinaitlen against Incllvktttttis VAth disabilities,. The ADA affects ratmost all cotnmer'cral fec£Irties and public ,aocammodations. The ADA can require, among other lhM-,% that bulkUngs be made maxdiy aa=ss.!lsie tag the disahloci. Ufforent requirements apply to new conslruown, attterations to ezeAtIng buildings, :and removai of barriers in existing buildings. 03mpli2noe with than ADA Troy require significant Costs. Monetary and inmicliva rramedles may be incurred if thra Property is not in compliance, A real notate broker does not have the technical expertise IQ determine wt;ether a building is in compliance with ADA requiramentri, 'or to ia&ge a principal on those rw luirernents. Buyer and Seiler Bore advtaed to contact an attorney. cxamrsctar, architect, engineer or othevqualined professional of euyoeg or ,Seller's own choosing to determine to whatdegroL, if any, the ADA irnpacls that Ptindoal,or this transaction, 3.4, COPIES: Seller and Buyer eaO represent that Copies of tall [reports, do 0M0r1V-, tx3rUOStOS, appfovalz aria other dccur nants that ate frm�ecf . to too otttpr am true. correct and una0emd Copies of the odglnaal ducnments, if the c1heinais taro fn ft pomsslon Of the furnishing party.. SS. E12UAL 14OUSING OPPORTUNITY; The property is Sold in rampliance with fadsral, slate and local anti-cl sarim9nafen Laws. 36. 43OVFRI ING LAW; TOis Agreement shelf ba governed by the taws of the State of Califibmia, 37,TERMS AND COND111ONS OF OFFER'. This is an offer to purchiasit this Property oil the above term and conditions; Thb kquidSied damages paragraph or the arbitration of disputes paragraph is incorporated in this Agrnament it initlaWd by gil P.M #6s or R incorporated ry Mutual` sgrwment in a counter offer or odowdum. if @I ieagt one but next all Patties iAlliel,, a cqunlar offer is required until agreement Is feach0. Seller has ire right to cuntinue to offer the Property for sale and tO ' W cept any other offer at any time prior to n0Iifloati0n of Acceptance, Buyer has raad and acknowledgos rgcsiPt Of a Copy of the after and Bones to the wnfrmat?on of agency relationships. If this offer is accepted and Buyer ,subsequeritty di9€aWs. Brayer may ba re5 oasible for payment of Btokem' com7ensatidn, Phis Agreement and any•supolament. addendurn or MOdificallon. lincrucitng any Copy, nsay be Sighed in NVO ear more CbUnterparts, BR of wNch shall const idea ana and the se.-na wrlsing. 33, i iW'IE Of ESSENCE; ENTIRE CONTRACT; CHANMr -Amp Is of the eSSanCe. All underaterldings betwaan the parties are Incorporated in this Agngernent, Its t"s pre intantfrad by the Parties as a final, complete and exclusive expnesGion Of their 1Atoreernent with respect to its subject rpattet, and may not Le oontradlctdtf by evidence of any prior agreement or coniamporane0 s oral agreement. If any prevision of this Agreement is heid to Ere irrsrffeCtive or invalid. the rern:alning provisions will nevertheless bg given fvll force anti effect. Except as otnarw:se specified, tiiis Agf4reM6ht shall be lnterpreted and dlsputas shall be resolved in accordance with the Laws of the State of ;:glJftM a. Neither this Agreement nor any Provision in It may be extandod, amooded, atiodffiect, altered or changed, oxwpt in writing Signiyd by Buyer and Seller, 30, DEFINITICWS.' As used in this Agrees nt A "Acceptance" means -the klme the offer or tinal counter o%r is accepted ivi writing by a Party and is delivered to and par$anaily received by the other Party or that Pa9rty's authorized sgern in arccordancewith the terms of this Grier. or a Beal counter Offer. S. Agreement" meanie thin; document and aoy counter offLirs and any incorporated addends, collechvalY forroing the binding agreem �rrhd antes. Addenda aro incorporated arty when Signed by oil Parses, auyer% Initial$ (' -_ , _ y Sett es Initial$ ( �„} f i CPARUwISIU tV1 IPAGE CL3 MME'RCIAL PROPSAT Y FrllRdHASE AQRZ-E&gEINT (CPA PACT; R of! 11) Prodteaec»SIn�PF"mt3LPx+PLY,�kA1Bd1t1Ffhoanui4ciZeu'�ream. hivigan4od2s �tr�.ii171.9eE1.6� Iua�kl! OaruSign Erivalope 10: 013OB4134-tOAAC-40C.a,6817•05AHJFV8527 Property Address: J42 Ar Aerrrr Gaon n fir Patarr I s. CA _p g�5&4 Data: �i??yr 28L E C. "O.A.R. Form" means the most cQuent versior, of she R fardwr re-6 nced ae another cos ilbip form agreed to by the partlas. D. "Close Of Eacrow" or'=V means the date the Srxanl4`eed, or artier eMidence of tranl$fer rat title, is recorded. L. "Copal" rnesir15 Copy by any mearis In ludin¢ p. CtOPOPYr NCR, far imita and eieotronic. F. "Days" msyaata5 Calendar mays. However, $}ter AoceptanCe, line last Day for ,performance of any riot required by t6ris Agmment (including Closs Of Escrnw) st+ap riot incivde eriy Saturdray, Sunday. oT legal ticlidsy ono shell instead be t(ie ne&t say_ G, "D;a s' After" means the specift d number of cal_ndaT days after :he ncCurrent:e of the event spetled, not Counting the calendar Cate an which the sipecifiet#O, avant occurs, and andlrrg et 1 t:59 PM on the final dap, H. "Days Friar" roean% the specified number of cafenda.r dayv WOW the awurrance of the event sPecihed, not counting the calendar date on which the spetifod event is scheduled to o=r. I. "£diver", "Detiverod" or 110alivag0' unless otherwise spacipW it'. writing. ttiearts and shall be effective upon: personal receipt by Buyer or Seiler a-f tie individoat Real Bslrate Ucensee for that principal as specified in the section tided Steal Estale Srckam on page 11. r"ardiess of tlse method used (Le., measonger, mail, ernail, fax, other), J, "Electronic Copy"' or "Eleotrank Slipriah ro"-Ma9ns, toe apptiCsialP, en electronic cogy or SV04ture complying with Cal4fornl a Low. Buyer and Seiler alpme that electmr9c means will .sat be used by elihor fairly to rrtddik or alter the content or lntegrity of this Agraarrsent without the hnowledge and consent of file other Party. K. "law" R rss any iaw, cquis, stet+lute, ordinarica,'regulation, rule or order, which is -adopted by a controlling city, county, State or tederal logiaslativa, judl,o al or execulive body at aonty, i_ ';Repairs° rmaani� any repsirs (including pest control), Alterations. raplacaments, sssodi400tions or r,strQTitirng of the Properly provided for under this Agmement. M, "Signed" means eithrar a handwrite-n or electronic signature On an clriginal document. Copy or any counterpart, 4s.AU7H0RtTY: Any person or pamons sigrwrg this Agraemmit rwrsasent(rt) that such person has full pav4er and authe tty to b;nd that parsods principal. and that tha designataid Buyer and Selier nee full eudladty to +311W into and part" kits Agr60rnenL Enloring ialb tivs Agrwrnent, and the completic)n of to abligsallons punuent to this cordfact, does ,At violate any A>1o1ez of incorpgratiarr, Articles of Organization, By Laws. Operating Agsearnenf, Paartnershii) Agre6ment ar other dacutriant govaml.ng the actlwily of 411"r Buyer or Seller, 41, 6=MRA110H OF CsP"FER a This oftr shaii ft deemed i evoked and the deposit, if any; etsatl be fetumed to Buyer unless the offer is Signed Seater ;and 0 Co �f th9 Signeit offer iS ktsona9lf received b Suyet, � � (... ,�....., 9 4y AL' 15 y y � [1y who is authorized to rece{va it. by MNI PAS on the third Day after _yetis etfer is si nett Buyer or b a qNu �t rOn Justa2ata ,.,�,.,.,�,.�...._ date))• .,. F9 CDne or mare Buyers is signing the Agreement in a representative cnpaaity and not for hirnlherself ae an tnefividual. See attached R%e!P serxtative 080aCily Sign37�� l Gtr,�se (C.A,R. Foot 90,$Q,8) for adtfitionat terms. Date osr 2oxs r��� ZarcC,�. cas�C r t%* f. jM*s — w&r4 A , 'Ei�usE — �" $/9J203S 8:57:55 Am PDT (P,istr nastt9) C. Harlaid Kaasle Data zf _ Buy4 t _ J (Prlrytname} d[lL .jAddivonalSignatureAddendum xnatfi� (C.A-R. Form ASA). 42. ACCVITANCt OF OFFER. Seller warrartts 4ha7t Seller rs. thq. owner of ttra f rraperty. or hag the akghoiaty to exacutie M Agreement. Settler ,acoepits the above offer and agrees to ae;l the ProPLOrty on.Me -above Germs and condit;ons, and agrees to the above confirmation of agency relationships. Seller has read and acXnowledges receipt of a Coss of this Agremmnt, and authorizes 8rnktr to Deliver a Signed Copy M Buyer. i f (If checked) SELLER'S ACCEPTANCE IS WOJECT TO ATTACHED COUNTER OFFBR,(C.A.11, Fenn 500 or SMOG) DATED: Re esentative Capacity nature .. Orw or more Sellers is signingthe ftml ria t ir. a rep>eaen it�a apoclty and not for hlmrherseif as on iridMdu$I- See attached pr pa sty 33 3uri" (C,A-R. rC � � S} h,radc!_iSar,af terrt8. 4,6*rint name) The rt<.enu its Hr 4 fat .sue g ffr s Corrrsrts:rtl� �e srY fa merry �en� �_ „ D29e ., Sel,,LC (Print aaas+ae) AiI„R...__..... _ -__ wr �..,..V,.. M.,.......... ...._......... �,'{Rddliinnel Signature Addendum juacthaed (C.&R. Form ASA). (__I � .-.. ) (Do not Wtest it moking a cr umor after,, CPIDNFMMAiM OF ACCEPTANCE. A Copy of Stgtsed Acceptanrs war, (Initials) personally received by Stlyer oe Suye s sullionzed Nest Q11(date) ._ � �{ WA QAP L,PM. A blridireg Agieerriant Is created whoa s Cotay Af �.ignsgti FiacepigtiC'e 19 �i�sCinafly received by 80yer or Buyer's authorit& agent a hiothaer or not cont°Mad in this document. Completion of title coi fiinnadon Is nat Iegaily requ€eed In order to Cmate s Litriding Agreement; it Is siAmy Ititended to evldenco the date that C+on€€rmatla n oPALV4pmnlai� hag oecurtad.t CPA REMED 12r15 tPAQE 10 OF Ili Ct7f9feMERGtAL PROPWIMV PQR'VHA5lwAGREEMENT (CPA PAGP 7d OF i1) Pm LXDc1W;LftW,)W. MWXW,*V;c 160 OPROanM&Rd Ffm4f,M41VIM40PZS Lmix.nmI kealeei D.XVSign Eny$cp9 f€71 Q13&F�At (t•79AC-RaCA a17»U£?.Aii3 Fii $ 2� fro sty Address; 342 AiPalm ,G� Dale: way0, i A. ReW Estate Orokem aro aot Poriies to the Agrearrtent btkwwd Stayer and sailor. E 13. Agency retlatdonshtps ahro cartfirmed as staked in paragr"ata:t 2. C. If specified in paragraph 3Aa(23, Agent who suiamittad the Gffax for OwYer acunowleOges3 receipt oe 0opcisit 0, COOPERATM SF'#OKER COMPeNSATION: Listing !t'sraker agrees 40 pay Cooperating Broker (Selling Pleat) and Cooperatlrig Fhlxrlt�ar agrees td Sc pt, aUt OFLiSIirlg $rucfet prbCeectS it P3.^,rcu, the aMOLI It specif d in the MI.S. provided Cooperating Broker is a Perlicipant a€ the M S In which the Property is offervri fqr $9W Or A r,acipsocal WS, if Listing Broker and Cooperating Sroktkr 1 are not both Participants of the MLS, or a reciauroral WS, irl tmhir,?t the Property is ofFkred for sale, then Compensation most be I` speciE;aefj In $ Sepataia3 written agrer mwIt (O.A.R. Form CQCj NclQXaV0rl of Uoense end Tax (C,A.A. Form DLL`) may be creed to da7t:Urt WIt that 1R% reporting will be required or thst an exernptigrl erasts, rkeuG7aAd ny; Z!z: i r,41s11r �S i4rg Firrrt) a"9vrit F,rCBrilUva . ` it+2 'x° A' Tw F" Fs.43 TIJ 2 1 !3Y ial >�di Spi7NF: Cat frtE • ie. dfpR 2�'f a t.ir. # �89E0� _ � �elt�s± ��i�is,�izar�pza . , NIA _ ? Address 67i� PuJ rt Csrfir _ Cit}t Fxlrn SrJ� _— StSlte s —zip 022&4� z13 Tel 3ti8 —_.T_ Fix E-maii g,s�oF�rr_533aof com_ -'. I t;aal Estafa Broker (Listinr Flrxn) �!u R1CHtt1 SFAf blp? E1t4. adL PAh?7NNLI Q. Catr3FtE ! io. gal {d02 Hy _ — -- ?,4L7ie SPONN Cates# E i.io, 43224 � pate g11@i9 gY » » , CalBRFR (-r- ;; A(1A 35aie --- ». atdress dyi S Pararr Can on Kit siat r....... ..TM� . e ,. Zip 92264-7213 I Te!t�anontt a Fs¢�93_BS _ . v flax „ M . M »� _ E•maB rr�t,tS to Le60ROW Escrow Noltler acknowledges receipt of a Cagy or Itits Agreement, (it chrii;W,, �� �lanstt In Ih� as�un4 at S �y I i cuuuter aff�Tnumtx AIR _ TM» -- _ -. t Se3tet�z7 Stte9C-MbOt of WOrnatlon and NIA and xgmeu to act 0S.Ficraw Hwder aubjOrt 10 Parwgtaph 24 of this Agreemot, any i SUpmBnt94 �s�rtyvr in9trus tloM1s and the terrns ai W scram t ttAdgrS 9= �ra1 r�ravls: xrs. f a:fow Bottler is 80ftad that the dale of Cwxfifmafion or M=gplr ,-o of the At#heon*ni i bt twean i3layerand Seller is j Fs --Ow Holder iAddmss a _..,..��»� .. _ _........ ......... . I Fhor(o1Fas<lE-rilanraS�J, 4?i.co��«. .. ......w•�,,,.+,,...�.. ,..»,.,�.»�»,,.,.w�.,».._�. j Eacrow Holder has fhe folIvAriq bcensfenumber # ! A � ., QeAattmenf of BU9irrt359 t3vtBr&ight, �J f7eparlrryent 4i ir5starae•.cQ � pur�ara of freoi Estate, �'� -PRESENTATION OF OFFiR; [ � ~-- — �j Ustinq Broker piesenW4 this Wffer to Seiler gri . » (d 5WWWor Qos'Qnee 3nF196 — - REJECTION OF OFFSNi ( )( ) No Qwnter o6e, is treing rnaeo, -, i3is of er was rll'eoted by Saar ptl axe Evyrst'S trtiiiats € ;::_ .;:::_�.,:..+,.�•; .. _w..._..,..; Saber's (nit:al= € ) ( ,.. y 02116 02rOtMI& Ass*609 f Qt Ri ALtQRS , lnto WItod Soles oopyrgot r#w Titfe T:" U.5, Code) I rJW. 44e uaaulhorianal W's tqn, Cml laJ antt RR;oduclton ar U�ta ram yr arry P&Wfl theffla, try phvwApv rt1aCH,na arany other miam. ;nrAodirag famkD Allq of c43&,c{stprr;gd rtaasrata. THIS FMM NA$ SREJ APPROVEb 4ri THE CAJtF0RNfA Aq$. 1AiIQN QF F46ALro1ZSt (e.A_A.) NO L4ZRFtCSENTATtON 15 ME AS TO THE LEGAL. VALMFTY CR ACCURACY OF Arrr PFICYASiON any ANY SPECIFIC TRAASA,CTICIf, A REAL EriTATE MOKER f8 THE PERSON QUAtIFIEtt To ACE ON RIEAt, EST06 TRAN-RACrIGNS IF 1'Oi/ C?EWRE LiEQAL OR'IAXADVICE, :ONSFILTAN AFRROPRiATE Pp0r-ESS(0NAl.• This form s mado avak iWij iR rual u&tA4* ppfMT31 !R thrown an agreemam ;�Ppt or Aorhese fro'h ne CONrnta AssodatFoo or REAL70RS& it r4 r+ot fatwndad M lasrtpt! C+e uswr-rsa 4 REALTORe 48MTOW is a ragistm:trd cctima:tive M MIMINP Mb(h' +vt;@eh mw9 bR U04 aNY by rla,9nlOM of fke NATtr7 ML ASSEN1 VION pF REALTORSO ufio xubxNx• so its Cori¢ rd Ethics• pubs shod and Glstnou�d hy: R;L E ATE SUSINESS SgAACSS. 2W. Reftwed by �f es;_aslaoryP(rnnca4lr0ANfA.A85QC1.1 NONa RCIALTC-;rSc- &oherreDL'gsg-nee ` 525 South Vlmd Amvwe. Lam Ar,.,149ae, :.�1'Qurtaa CPA MIND I?J7S (PAGE I! Qr- ii) Ci3 i1Vl RCt t PF84F t�: '?�til {�4tASE �i3Fzt to htT (CPA PAQE i9 CF11) t:qC Wq>•m;.dtxmt7 tlr TJA4ayit 1�Pia'f,dev+ArPn lttOaQ, rra:or utriagpn �BP3d vwm..xm�,Larnr.cam tkarterf 03 1 (7cs�u8lgn Snvalppe f!); R13�B4�d=f9A�-aRCA•9t3fT-98A63FF3f=8927 ASSOCIATION REAL ESTATE AGENCY RELATIONSHIP O F X E A LTG iL S a (setting Firm to Stayer) jAlta required by 4.hv �,qtl t»oatrJ) (C,A,.ft, root Air FF®i Ised 12i1ai ; (lf,checked) 'fhl9 Porn is being provided in connection with, a transaclion far a leasehold int®reSl a xcei�d;ng ans year as per Civa Code sectlon 2079.15(h) and (rrs), Men you enter into a ajsctrsSiorr with a real estate e+ArfiatC rmg8rdin� a r�a9i estate tr2n3action, you Sttotatd frflrrt trap outsetunrterstand vtfizt type o! agency relationship or rspi�esentetttan yatr wish to iigve with lrte went rn tba lrPns, COion. SEI,l.,ER'S AGENT A getters ogent tinder a listing a©reertiervl with the &erl4}r aCIA as the want for the Seller only, A Seller's agent *r a subagent of that agent has tt a followings afflrntative ouligat tons: To the Seiler; A Fldtmiory duty of ti mmi Carte, iotergnty, honesty an-d loyalty m desalrrtgs w'ilh aria Seller_ To the Buyer and SttE Saber: (a) Diligent gxerd5e of reasooxhle skill and race ter P®sTerimance Fri Ilia +Agent?, duties. (ta) A duty of hatnest tirld fair dealing arut good fault.. (=3 A duty to disclose all feats known to the went matte -ally affootino the value cr deslimbiliiy of tht Property that are nut known to orwithin the diligant attention Arid obsemalion of, the patriots. Aso 29ant is cot Wgalgd to reveal icy anther party arty conrrdenhai intonrilbort obtalned $ore the oiher patty that dO&A not involve thr- aftlnry$Ilve Oulias set forth abovd, RUYER'$ AGENT A selling agent Can With a 8Uyer; co-rsent, ageee•to act as agent liar the Buyer only. to These situations, the agent is slat the Setlees agent, even if by agreement the agent may raixikre cor;'tpensa"On for satViees r'sndamd, either in fall ar M part frarr. the Sallar. AA rargent acting only For a Buyer has the following affinnalNe obf:y`ati-, To the Boyer; A fb"iary dtlty of utmost Cart, Integrity, hanefq ai;d (oyeity 17 d2alhrgp w,itr that St ygr. To the Buyer and ffte Seller' (R) Viigent oxercise of reasonsbie skill and care in performance or tin agent's dirties. (b) A duty of honest and fair dealing and gotta faith. (C) A duty to disclose all f9Cta known to the agent rnaterfelly affecting rha value Or desirab; * nr the PmParr) that are not known to or within this ditigens attetttlort and ribservatfon of she parties. An agsni is not abtgated to ftavew la ertfier party dutiaa getfartk above, any coitf;deattrM infRrrriasitiit *trla#nod tram ilia QttiRf party that does not i7tvalue the a#flrhtaflvL AGENT REPR9UNTING BOTH SELL9K Atip B1d'YER A real estate agent, aiher acting directly or through one or friora assotiale goonsases, can legally ba the agent of both the Setter and the Suyor in a transaction, but only with the l nawledga and Consent of tfi7tb the Sailor and the Buyer. in a dual agency situallon, The apnt has the followfr,g a(ftrntapve obligaGans to both the Seller and ins Buyer; (�i) A. ffdudary duty of utmcxt care. 'integrity. honesty and loyxfty fe the deglmg4 with 6Rher the Sekr or the Buyer. (G) ether duhas to the iaeller and the Buyer as slated abo" kt lhelr retapemi m sactiww. In representing both Boller and Buyer, the agent may not, vAlhoul 'ttle express {t®rrtigsion of the respective grails, disclose to the outer party that the Seiler will a"opt a price less than ltta listing price at that. the boor Will say a price greate,rthan tti®.prize offered. The above dutles of the agerir in a real astate tmnsactlar do cot rmlfmue a Seiler or Stlyar Front ti,e responsibility to protect his or her own inlerosts, You should carefully tetra all agreements to aarwre that they adequately express your understanding of The tninsactfnn, A teat estate agent. is a parson qualified to advian about teat estate. V legal or tart 40vice Is desired, consulta wrnpeteot pruFmRional, Throughool your real property transaction you mey receive mare ttrsn• one disclosure Perm, depending sipon the nstirtber or agenda assisting aft the transactor_ Ths lase requires each agent with +khem you have more thm a casuat relationship to present you with this disclosure farm. You should read its contents each trine it is ,pit-SP.'rrtiad t0 yqy, corisicieritQ the tVatiZg8 lip ta®tw®en you end the real estate ,agent in Y*Ur tape MC. transaction. "hits dt-Klostiro form (metWo5 the P70VlsiOM of 8e4$lons M79. 3 to 2079,24, 113oltAa", of tl',a Civff cede set forth on page 2. Raad it aarnftr)ly. UWE ACKNO ik-T OF A COPY 'OF THIS DISC40SURE400 THrm PORTIO 'S OP; THE CIVIL cons PRINTED ON THE SACK (Bill At SEE R} Stayer D Sailor C) iatOortda Ttenao C r pl?T � �, 'ate SII8/TBig Buyer Seller { t 811,60rcle Terrante Date .�4 ! Stfhr RXH1MVES"1'fiTt:fd}-1'7E,itL,E, `i/t% PaFTt`!UER'A5 F;a, t LiC, # rl?8�'f8U,3 (a�EQspersori nr Mro9aar-Asa4Cia1. RRA,MDS..Et]lfiv c aWrrcY placiasuret Gnt45pfran� (Civil t;auo g�a7s_t4)_ . ? , Whon lha listing brokerage company also represents Bloje(gerlaflf: The listing Agent Shell reeve ona rob form signed by SetEer/t araord and a l rlifrarent AO farm Signed by euyefflrananl. , t VgMrl 50tiem-analord ana Sur e -�y nant are represented by different• brakefSgR carnpt3frias: (t) the Lisft Agent shalt have one AD faun a gnael by " sig Seea ,l r ord and (if {i tJu fEErriar 'a Agarit shalt t1ava onN Af) retr:a rrbd Try' Buyerfranerrt aisd 911her that saMa or a dillerent AO form i pr ante qqSelterff art .t Ki nalsreP rive to nA r 1 cif the olfsr, ff.tite &dale learn, Is use^J, Sell& alas sion tetra: TheSuccossaryfo4haPalm5kri ttlitrliar? Data Re The sapyrigFt rows 4f ilia Umt>d $�iras (tluv 1 f tl.S, Cosa! ft+rhid the ..-._ ............ ".._.,.:.., ttAaulhonZL'd reprartuctran 4r fr7is fora,. 41' at1Y ppr,icn thereat, by piwiatepy ..,acninp ar any caber means, im*u1ng nusle to at raampomrixed tCrrrrata, �olr/riphra+t98t-�rlttl, GAiJFURNK A5S0C ATIQ%i Of REALT4RS21, INC. Raviewed by a ALL RIO14TS RESMAV90. � � i,..�....."...--'— _,......wgaitCale :fit? REVISED I?J14 (PACE I Of: Z) r tiyada Cmnaryers4 rnr,3+.rS}t'rkaum'rJr,•d $,e Ytrb Far •'�nIIrit+L:h FU4rg' Pnalw M-1i*36,dryid f;M:;&,471iA l sce;,erx Y3krk3rvgirn Wroc�:+M;iwiueripF`arr+t�ra7.-�to-YF 5841'DPIfld9tti61fffirta3RfaRF9r rhIC.7S.'.n-0�Ie; �� DovoS-sgn Envslope tiff: 01360454-1%AC-40CA-aBi7- i8A63F$F$52T C A r l FO(CNTAB$�`t� €�€% 114PEC iON ADVISORY' A55C1CIi4T'llClhf OF It, 8 A t_ T A R S" 1C.A,k Porm 01A. >.Rvrlaasd 11114! Property Address; 342 N Palm qM"_4 Dr Paft it ifri S. CA 92262-&gf Z ("Proper y''). 1. IMPORTANCE OF PROPERTY INVESTIGATION! Tha phusirei condition Df thii land and irnpr0VQk Tsascjts being J�Umbased is not ruerarlteeti by either Seller or 8­ers. You ha3vs era affirmative duty to exerclgs reasonable care to protect ynUMelf, inctuding fta;ovgry of the legal, practical and terrsrtical implicillionz pi' disclosed fads, and the Investigation and verification of infomation and facts that you know or that are within your 4niga nt itten0on and observation. A# geaneml Physical inigmtlon typically does not cover all aripacts of the Property nor items affecting the Property that are not phi slrelfy located not the Property. It the pforeastanasl6 racomMand further i.tvastigatiorss, including a rcoorrsmendatiun by a peat control orator to inspect Inacceuibt>'s areas of the lmpefty, you should Comet quGiffiRd experts to conduct such addltlomd investlgaticfris, 2, SIOKSR OaL90ATIONS. Brokers do not have eXpatrtise in 91l areas end therefore cannOt advise YOU on many items. such as those fisted below. if Broker gives you referrals 10 profeSSiOgals, Brener does riot guarantee their performance_ 3. YOU ARE SM14GL.Y ADVMD TO WES'TiG ATE THE CONDITION AND SUITAMLITY OF ALL. ASPECTS OF THE PROPERTY, INCLUDING BUT NOT LtiVllMED TO TE1E FOLri.Cd'1fWNCk IF YCU DO £NOT DO SO. YOU ARE AC IBttis`;,GAN.ST THE R:13 iCE OF BROKERS. KERS. A. GENERAL E;OND11TION OF THE FROPiwER7'., ITS SY"EMS Af40 Fdundatibn, roof (Candltion, age, leaks, tasefuf life), plumbing, heating, air =1ditioning, electrical, maoharlIOM, ,security. Pgtdlspa (cracks, leaks, operation), other structural and ngr,strugtural systems and components, 5ztores, bulk -in appliances, any personas property included in the $me, snot energy efficiency of the Property. 113, *QUARE FOOTAGE, AGE, t3OUNDA Rl : $quern faottigs, morn dlmsrisiOns, lot SizO, age.pf imprnveMOnts anti boundaries_ Any numadgal statements ragarding these Kerns. am APPROXIMATIONS ONLY and have riot treen vesifiea by seller and cannot be veeifted by Srckam, FenceSr fledges, Walls. rationing wells and other barriers Or marRers do not newwarlly identify true property boundaries. C, WOOD RESTROYtNG FF$TS,, Presence of, or conditions Likely to feed t© l;lte grOzOncs Of woad and organisms. C. SOIL STABILITY: Existeaca of rill or compacted soil, exnansave or contracting Soil, busceplik>ility to slippage, setNing or moverant, and the;3degljwc cf Ara3na 0' E. WATER AND tfnUTIES; UYELL SYSieMS AND C0MPQNENT-5;WASTE DiSPOSAL., Water and utility avaiilabtiity, uSO restrictions and casts. Water quality, a0equacy, condikion, and PWf1JfM07H'-e Of well systems and components. The We, size, adetiva cy, cat.stity and condition of sewer and septic syetail'as and Cornponersts, connection to sever, and applicable fem, F. ENVIRONMENTAL HAZARDS, Potan6aai envircrifnental hE32Wds, including, but not limited to, as004as, leatd-based paint and other lead contamination, radon, methane, oilier gases, fuai oil of chemtgaf storage tanks, Contaminated Sol or water. hazardous W211a, wpsle disposal 811tes. elootromagrialie ftatds, nuclear sourcog, and other substances, f1 MI;RriRls, products, or conditions (Inolllding maid (sfrl>omo, toxic or otherwise), singuz Pr similar conta rnfnants), G, EARTtdCll. AKES AND i LOC30iNG: Suscepiibiiity orthe Praperhf to earthquaksfseistraic nsaeards and propa ashy or the property to flood, i-€_ FIRi<, HAZARD AND OThlfwR INSURANCE: The avaliabitity aqd cost of necessary or desired insw-anc1 may vary. The location of tt)e Properly rr, a seismic, hood CW flr6 „Uard xona, anti olher wriditiona, such as the ape of the PmPOny and the ctairns hlstoq of ttte3 Property anti Buyer, may afact the -tvaifaWity and need for cattairt types of insurance, Buyer should ftploraa insurances options early as this InItan0an may affect other de-USIMS- and MOS t3 s removal of Ioan and ir:spection c mOngenctes. 1. BUILDING P EMIT$, ZONING ANJ) GOVERNMENTAL RffQ ,t REMeN-rS: Permits. in 011onS, cartilkgtBs, zonfng.. ott'i9r gwerrimental limhations, restrictions, and requirements affecting the ourrent or future use of the Property, Its development or size. J. RENTAL PROPERTY iRBS RICTIOft. S cities and countits'impose restrictions that limit the amavra of rent that can he charged. l ha maximum number of =upants, and tie right of a landlord to terminate a lerrancy. Deadbok or othtar 1(j6kS and Secuilty systems for doors and wind*A� s, including windaw bars., should be examined to determine whefffer they sgbsfy Isgal Mquirements. K. SECURITY ANC) SAFtrTY; State and local tzw may *ulre the instanattaon of barriers, access alarrrns, self tatChing medhanisms ariftr Other measures to decreese tt+V risk to r,.htndren and.eAhj�r psrsarts of existing svnntmingg poufs and hot tubs, as well as MOM fire safety and Other Measure-, concemim tinter Ne .urez of the Przparty, 1, NEIGHBORHOOD, ARIBA, CON51TIONS; PEfRS+Gliti AL FAii:YOR$, Neighborhood or area condttiOns, including serools, law enforcement. crime statistitm, mglsiered felan' 5 or atftirid r s t"tra, praleclion, other government services availsslllity, adasqua3 y seed cost of inkmilat coneaections or other toehnoloa y sorviraa and instaliatioris, cQrnmarcial, industrial or agricultural activities, existing and propMed traanspoii 10h 461strudlion 2r:d ,development that may affect noise view, or trdffo .airport noise, noise or Gdor from anV Souroe, wild and ftneML animals, olher nulsarlm. huzams, or aircumstartces, protected ;Bps ties, wetland PMPSMOB botanical diseases, hlatOrft; or q?9"!er poverftrnantally protected sites or imprVements, rernaterles, facilities and conclibor3 of comlr,a t areas of camrriorr lalerast subdivision£, and possible lack of compliance with any govaTning documents or Homeow:,erz' Asaociettan requirerns nos, condition$ and ir!tluencez of sl9nificance to certair, cultures ondior religions. and pemoria3 needs, mquirarnenls and pyefe mares of fyer. ey sighing Wrow, Buyers acknosdOdge that they have 7aa6, undarOstnT MP t 40 hays rimalved a Copy of this Advboiry. - silo ear^ rC�r gcally Buyer k, t00L2004, C310e164 A94ocatjan 0 REALTORSM im, T;11,9 FORM HAS BEEN APFyRaVtib SY T8- Ei CAtsFo {Ni�ASS IA11014 OF fR1QALTORSO Jr A.R.). Na REPRESIMATIOra IS MAW AS TO THE LEGAL VAUM- Y On ACCURACY OF ANY pnMISION EN ANY SPECRC TRANsArTiC)N- A REAL E.WrATE SRONtrR r3 THE ?PERSON QJJA;F=1t=C Ta AnvtSE ON PEAL E STA'rr, YAMSArMNS, IF YOt1 b iRe LEGAI.OR TAX ADVICE, CONSIXT AN Ai' W17RIATE Pft0FE8S[0NAF i Puhhihta And plstrlbulmd by RFAi LSTATE EVS11MRSS St rR%A c5, INC. fiAwo,vusi 6y W R A Ga3� ! s dubsiWry W ff* C0f;rrF* oo b6oM ofPEAL'FORSEi —.__ Y_ �- w.J ° . 625 BOtilh vlrpa AVCa1UC LGS Axrgayaa. CaAframie 9022G ---- --,�-• ..--�.�..,�•�, SSA REVISED 111141PAGE i OP 1) SPCOaan,ha..aaLray.V)Stru�wiciti:rSix?cr}.arkaw.4.anrY7t..w.,,...,.,F,.....,...'......-..•....wwr.,,,..,..,.....,...�,«...,,,._.... _ TUG tA6,ln�afn S.Aigall3 •3i1.9]E.In4t PAK, ?E93itl.090: AffQar] ararrx�ign Cr�„CI11p& lC?: 0136♦3k84.99FtC-A�C,s,•eB17-D3.A��N�85?7 A L t tr fa POSSIBLE REP ES MATiON OFMORETHAN ONE BUYER s s C t x t to OR SELLER " 0&St'&'L }SURE AND CONSENT ' r Oi• REALTOR.S" (C.A.R.Form P"S.IVi4) A real ,Mate broker (Baker}, whether z� corporation, parbliership or Foie proprietorship, may represent more than One buyer or seller. This multiple representation can ocs our through an indivIdual lkcerrsed gas a broker or solespsrson or through different iridididuzi broker's or saWspaysons fassodate itcenaees? aek Q under the Broker's license. Tho assoarlate lit;,ensees may be king out of the same at difPsnW office locations. Multiple auyera- Sroker (individually or through its a85ociata licertsees) maybe working with rrtarly'prosp tive buyers at the same time. These prospective buyers may bane an interest Jr), and make offers on, the aame propertie_Sjoyfle of use properties may be listed with Broker and some may not, 'Sroker will riot 11MA or restrict any particular brayer from malting an offer on any parUcular property whether or not Broker naprwertts rather buyers itltere5ted in the sarne pfoperty, Multiple Sellars, 13rc*er (individually or through its 3sSociati) tivartso0g) tray hake listings on many properties at the same tlrne, As a resQlt, Broker will attempt to find buyers for eaah of those listed properties. Some listed properties may appeal to the Sartre pnstspectisre buyers, Some propertim-may a:ttr:al:� mare prospectOe buyers than otlsers_ Some of these prosper ive t uyurs may be represented by Rmker and sums: may riot_ Bru$etr. wlil rr**et all listed prapeitfes to all prospective buyers whiather or not Broker has another or other llrted fsropertlss tiiat'r rlsy eppEW to the same prospective buyers. Opal Agency. If Seller is represented by Baker, Seater acknowledges that broker mDy represent prospective buyers of Seller's pmperty arad conserds'to (Broker actin#'as tt twat agent W boot seer and hLlyer its that transaction. If Buyer is reprl~serrted by 5rokrrr, buyer acknowledges tbat•13(oker rnaV mpresent sellers of property that Buyer is interested irk acquiring and consenis to Broker acting, as a dual agent for-bty h-buyer and sefiar with regard lv that property. In the event of duel agency, seller and buyer agree that; (a) broker, %vitft LA the prior writWn corment of the Buyer, will not disclo-as to sallow that the Buyer is willing to pay a Price gre y ,heir the offered price, (!a) Broker, without the prior written consent of the selisr, wifi Arai disclose to the buyer that s0or is willing to sell property at a price less than the fisting price, and (c) other than as sot €firth in (a) a aid (b) ,dove, a dual agent is ub igstad to disclose known facts maari,ally affecting the value or dealrability of the property to both partle.5_ Offers not necessarily confidential.- 5uyer is advis� tft4t Q&1Jar Or listing agent may disclose the existence, terms, or mn'ditions of buyer's after unless alf parries and their agent have sign teas a written confidentiality agreement. Whether any such information is actually disclosed depends on many fxWrs,•auch as event rrea"t conditions, the prevaillnR practice in the real estate commurtily, the listing agonre marketing strategy and1he instrurtlops of the seller. Buyer and sealer understand that Broker may reoresant n ioritharr one buyer or more than one seller i3nd even bath buyer arsd seller on the same transaction and co:Tsents to such teletis3t1st11p3: eSler. god/or. Buyer ark �l rges reading and i,rifl stgnding kazs POssi$te RePTesentetlon Of More Then One Buy oiler - bJsosd Consent and 8rees to the Qgan6y possibilities disclosed.s Sailer Seller "aer",aav' ' " �.±'E.;-a.,, "","'�".:-'" a' �'iaa SysCossnYA9a+rdy ire �Ra PoGn 5prfngs �� , �� ...__.._.......T... ..._� . YI IA bads � ... Suyar as+ Trrttaprar4rrmsffdwaMdlL4tt,p , ato T uy#r - .................�.... _...._........,....,. _ ,.....,._...,, ..._...,..........._ :..,..,,,..,..u,.., ,:..r......�. ate Real Estate Broker (Firm) 6.STATC-PAR7jiarRAS CaIBPE I~ic # 015,016oz Date By ... GaIBRE tic # 09 �.._..... 3221 Date R,FIA aa!� p er (Firm) SVX NC WVESTM9,V-r,R-1 iA �E3TAT.E PAFa'f t s. CalBRE E_ic * 01881602 Late 2014 04,WwrJ4 AasoaiaaCn ar REM-TORBS he, VoLed $galas wpythl Wr t7rige 17 U,8. Cooq) rbrbiO ft Unirulhatl2#d dliotutlan display BRA ILPMducoun at M:a fOrrtl or" portion the a,al, ky phoioeopy machine or-ory other meads. includ.ng isrr.W!# or coffMMp�ula.tizwrf ttsmah, THIS FORM HAS 19EEN ARPI7 0V=[3 sY 7HE CALIFQRNIA AgSOCIAT14N 03t Rr.ALToFrm {C,i,n,} NO RURMSENTA71bN IS tfADR As TO rHK LEGAL VALtdrry OR ACCURaOY OF ANY PROIA81ON IN ANY $Pr.,^,IF'rt T RANSAC710M. A REA'- ESTATE BROKER ra THE Kt FZSCN QUAL)PI20 'ro AOVrse AN R13AL ESTATE TRANSACTIONS, IF YOU 09-$iRE LE,CaAL pR TAx t vc , 0QN$ i'-.T AN APPRUPP.Iwa PRUE! $SICaNRi . TWm WM jS MM41 Ovalle;pia 10 Foal aatela pmrossicra!s an pgrwnoant wA ar pah"thAw rmm 1h3 Cal'barNs A9rinci Wh Of RE ALTORS0, It 4 not nWdad to idenliry the user as a Agm TOi 2% PF-A1,TCQRQ ad a regat90 a: co%,:&j4 m*F mtarstaiP ':n xhich may be nand only by memwra Dr the NATIONAL PSSOCKTION OF R1rALTORSO who subsgibp t4 its Cady 01 Rih,.aa a Publ;gfied and DIMbuUad Icy: RM 98TAT9 sUSINESS SLI ✓ICE6, INC, " A SS'h3ot+lwy alft 400 ilamla AeS=iANnr1 nr rl ALTOR& 52s 8wih Virg# Auanue. ,.b5 Agg,tics, C4 tcrnl'e 91102a. IRev£rwto by Rate PROS iif14 tPAUE 1 OF 1) POSSIBLE REPRESENTATION OF MORE THAN ONB Bt3YER OR ULLER (PRI S PAGE 1 OF 1) I _.� _-- t� huyrka a 5 9btirp.. Po o as 3mmeLasu - Aaa. 7naatlatloo .? ML SPA. �fll„ISt.._7 r�fucad wl!r, ypFnr+�PP $F�n$iM 189?0'=:riaRa N;Tc ka�d,r=:aa9+'. i;'G+�9rg1 a.�D2d w,Yn•.zinLun,x cm ?! t rn rr�aAer2 WFG National Title Company �_-a W iilirnn Fioanobil ii(9Uj1 Udnlpnny ADDENDUM TO CALIFORNIA RESIDENTIAL PURQHASE AGReEMIENT AND JOINT ES!FMW.IT_STRUCTIONS Escrow Officer; Claudia Solorzano Escrow No.: 18-211053 Phone: (764) 327W7500 Fax: (760) 327-7554 Email: ClaudiaS@wfgtltleco.corn Contract Date. 512812018 pate: September 25, 2DIS WFG National Titis Company of California (hereinafter referred to as "WFG" and "Escrow Holder') has been Banded a copy of the California Residential Purchase Agreement and Joint Escrow Instructions (end Rceceipt for Deposit) dated 5/2812018 including Counter Offers and Addendurns hereinafter referred to as "Agreement" (orlginai(s) of which has/have been executed by all parties and retained by broker). WFG's duties and responsibilities are limited to those paragraphs specified in the. original Agreement, If there are any discrepancies between this addendum and the Agreement except as may be specifically addressed herein, the Agreement shall prevail, SALES PRICE: $500,000,00 EARNEST MONEY: Buyer(s) has deposited with Escrow Molder art initial deposit of $25,DOtl_00 SELLER: Successor Agency to the Community Redevelopment Agency of the City of Palm Springs, a public body, Corporate and politic BUYER: C. Harold Keasler, as Trustee of The C. Harold Keasler Trust dated January 31, 1985 and James E. Murphy, as Trustee of The James Edward Murphy Trust dated May 15, 2014 PROPERTY ADDRESS: 342 North Palm Canyon Drive, Palm Springs, CA 92262 LEGAL DESCRIPTION: Legally described as: See Exhibit "A" attached hereto INFORMATION OUTLINE (1) Close of Escrow: on or before the 28th day of September, 2018 (2) Title .Provider: WFG national Title Company of California (3) Parties shall comply with all mandatory city, county, state, and federal ordinances and requirements and agree to provide Escrow Holder necessary funds and/or documents as may be required for the same prior to the close of escrow. ADDITIONAL INSTRUCTIONS_ ESTIMATED SETTLEMENT STATEMENTS: The undersigned parties authorize delivery, release and recording of documents when WFG holds funds as shown on the Estimated Settlement Statement approved concurrently with these instructions, and when WFG Is prepared to issue the Title Insurance Policies as set forth in the Agreement, and in Lender Instructions, if applicable. NOTE, Certain items show on the Settlement Statement are estimates, final figures may be adjusted at the time of disbursement. Seller initials 1 Page 1 Buyer initials ALL CASH TRANSACTION: This is an all cash transaction. Buyer may be required to provide Seller verification of sufficient funds to close escrow, and Seller resorves the right to cancel this escrow after receipt of said verification should (a) Seller disapprove of same, or (p) Buyer fails to provide the verification of funds within the required time, to the event of cancellation, Escrow Holder shall be handed mutually executed cancellation i-Istructiorls. Seller initials _. / Page 2 Bayer inits�! n4;'* G National Ville Company r. Wlli!,=n firanoip) Croux company GENERAL PROVISIONS WFG NATIQNAI TITLE 00IvtPANY OF CALiPV) VISA i$ 1ICENSE0 By THE STATE OP CAI.IFQRNIA UWDER THE DEPARTMENT OF INSURANCE LICENSE NO.2575.9. 1. Daposit of Funds & Disbursements and Good Funds. Ali funds received in this escrow shall be deposited in a non- iniwest bearrrig account iri one ar more general escrow trust accounts in accordance with the 1pg 21.0000rtunitto Q5M I rest which l haws received said notice, with the preliminary mptorl. The accounts wherein funds are debosited and dlsbursed are insured under the specifications and regulations of the Federal Depositors Insurance Corporation (FDIC). You are not responsible for thoso deposits In the even; of bank failure, nor will you provide any additional 'insurance on said deposits. Al! di,5bu!'! ements shall be made by your check or other instrument as per your instructions. You are authorized not to clogs escrow or disburse until good funds as provided for iri California Insurance Code Section 12413.1 have been confirmed in escrow. WFG National Title Company of Calllfornhl shall not be responsible for any delay in closing if funds received by escrow are not available for immediate withdrawal. Delays in closing will occur if funding is by other than bank wire, cashier's check or similar type items payable through a California Bank, _ Prorations: Unless otherw %e specified in writing, all prorations and/or adjustments are to be made as of close of esrrvvA. on the basis of a $0-day month. As usod herein, tPe expression, "C,Q,E." Is defined as "Close of Escrow". "'H.o.A, Duee or "HDN" as used herein. refers to any homeowners association or similar body which levies monthly or periodic assessments or dues for common artma maintenance or sirriltar matters. Tax proration on real property to be based ran information fwnlshed by the Seller/Title Company. i, RGCQTdation of Instruments_ You are authorized to record any documents delivered through this escrow, recording of which is necessary or proper In the Issuance of the requested policy of title insurance. 'rhe undersigned parties authorizes WFG National Title Company of California to collect fees for recordation of documents, Wl{FG National Title Company of California has made their best derterniination of said charges prior to close of escrow and the Seller or Buyer.Borrower is aware that they may differ from the actual fees. The undersignwd hereby authorize and instruct WFG National Title Company of California to make modifications to the grantee vosting on the Deeds, in order to conform to Grantee's name to be In cornplience with the Grarlteo's lender instructions (if any) Wlth no farther notifloation or instruction from the undersigned. In no event shall the name of the Grantee by changed entirely. {n order to induce Escrow Holder to release the recording as a "Special Recording" without the benefit of the usual date clown of records of the recorder's office, the undersigned Seller/Buyer/Borrcwer indemnifies and agrees to hold 'WFG National Title Company of California and their underwriter, harmless by reason of matters that may be placed of record between the normal recording time of 8;00 AIt9 and the time of the actual recording of the documents. Further, it is agreed that if any liens are filed against the Seller, Buyer or Borrower, WFG National Title Company of California is authorized to pay said liens from refund or p=oetls without `urther instructions whatsoever. Should additional money be needed to find all liens paid in full, the parties hemiri agree to deposit into escrow, Immediately, the entire amount of money requested by Escrow Holder. Should thug recording of a L)eed of Trust bo a part of this transaction, it is understood that the Beneridaryll_ander may collect interest one day prior to recordation of documents. Should escrow close after a weekend or holiday, the lender may charge interest during such weekend or holiday and Borrower agrees to bear the cost of said Interest and wili hold escrow harmless in connection herewith. Should the recording of a Deed transferring title into or out of a TfUSt be a part of this transaction, in any way, it is understood, that said recording is a matter of occommodation only, pursuant to the lender 'funding conditlons and/or irjatructions from tha undersigned, WFG national Title Company of California and their underwriter is relieved from any consequences, liability or responsibility whatsoever for the transfer of title into or out of a Trust, 4. Recordation Surcharge_ California has enacted the Building Homes and Jobs Act (Gallfornla 00 Code 27$8,5.1). Under this lave, effective .January 1, 2018 and subject to some exceptions, an additional $75.00 is charged per real estate instrument, per single transaction and per parcel Of real property over and above the normal recording charges, As drafted, the law has significant ambiguities which have not yet been clarified, Ufferent county recorders are interpreting ,.he requirements in different Ways. VVFG National Tide Company of Ca)Ifornla Is authorized to Collect its beat estimate of I he total rwcord)rl9 charges including the amounts due under the Building Homes and Jobs Act, and to pay some to the pr,;. inent recording aifioa as a part of the close_ The undersigned understands and acknowledges that the lntsrpfetation of this law is still evolving. The fees charged by Escrow Holder for the fees have been calculated and odlected based on the best available informatlon at closing and may not tie exact. Should additlonal charges be fclund due with regard to the closing, the undersigned afire$ to deliver said fees to Escrow Haider upon request. Shouid it be found that the fees charged were in excess of those rictvaliy due, the :jttder'signed agree that their sole recourse will be to seek r epeymeot from the recorder or the State of California. Sailer initials �_---- Page 3 Buyer initials 5. Fira, Flaod and Hazard insurance: Other than as may be specifically instructed by lender, WFO National Title Company of California is not to be concerned with nor make any inquiry as to any lire, flood, hazard and other liability insurance. 6. Authorization to Furnish Copies, The undersigned hereby authorizes WFG National Title Company at California to provide copies of any closing statements, loan documents, financial information, commitments, approval letters, appraisals, inspection reports, Insurance policies, contracts, payoffs, transaction documents, and other nonpobllc personal information in connection with the transaction to the real'estate broker and real estate 2garit representing the undersigned, 7. Right of Cancellation and Termination of Agency Obligation*; The principals may mutually instruct you to cancel the escrow by delivering to you written Cancellation instructions executed by all the principals. Upon receipt of such instructions, you are authorized to comply with them, and demand payment of your cancellation charges. Alternatively, any principal may deliver to you a notice of cancellation executed by that principal. Upon receipt of such notice, you shall deliver, via mail, a copy of such notice to each of the other principals to t13e address provided to this escrow_ UNLESS WRITTEN OBJECTION TO CANCELLATION IS FILED IN YOUR OFFICE SY A PRINCIPAL WITHIN FIF=Ti=EIS (15) PAYS AFTER DATE OF SUCH MAILING, YOU ARE AUTHORIZED. AT YOUR OPTION, TO COMPLY AND DISBURSE, IN ACCORDANCE bVITH SUCH NOTICF AND DEMAND PAYMENT OF YOUR CANCELLATION CHARGES, iNCLUDING. BUT NOT LIMITED TO THE MINIMUM FEE, PURSUANT TO SECTION 12404 OF THE iNSURANCE CODE AND ESCROW Par -ES. If written objection is filed, escrow is to hold money and instruments in this escrow and take no further action until otherwise directed by either by the principals' mutual written instructions, or you may file an action in interpleader as contemplated in paragraph 7 below. i.sr�aw rvraygsttinue thr3—gnrocessina of this escrow, until receipt of written instructions of cancellation, conflicting instructions or our election to resign as the escrow holder; however; if no action is taken on this escrow within 0 marift after the closing date (also roforred to as date of performance) specified in the escrow instructions and/or estimated statement, Escrow Holder's obligation; 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. WFG National Title Company of California may elect to resign as the escrow holder at any time without liability ar responsibilities to the parties of this escrow. Should the election be made to resign as the escrow holder, the parties authorize WFG National Title Company of California to pay, from funds deposited into escrow, all bills, all fees, charges and reimbursements to Escrow Holder and all documents and remaining funds held in escrow, shall be returned to the parties depositing sam6. Furthermore, escrow may be in receipt of reports, disclosures and bi0s, copies of which escrow may be transmitted to the other parties of this transaction. Escrow does not review any reports, disclosures or bids for suf dency, however; it is understood that should this escrow not close, for whatevor reason, the parties agree to pay for any and all bills either as provided by instructions to Escrow or v,vill be paid directly to the parties outside escrow. Escrow will not be responsible for payment of any bills. g. Action In Interpleader: The parties expressly agree that you, as escrow holder, have the absolute right at your election to No an action in interpleader requiring the parties to answer and.lttigate their several claims and rights among themselves and you are 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 your cancellation charges and costs, expenses and reasonable attorney's fees which you are required to expend or incur in the interpleader action. Upon the filing of the SQUon, you shall U9 fully released from the obligations to further perform any duties otherwise imposed by the terms of this escrow. 9. Conflicting Instructlans: No notice, demand, or change of these instructions shall be effective unless given in writing. Should you before or after close of e=> 2w receive or become aware of any conflicting demands or claims with respect to this escrow of the rights of any of the parties hereto, or any money or property deposited herein or affected hereby, you Shall have the right to discontinue any or all farther acts on your part until such conflict Is resolved to your Satisfaction, and you shall have the further right to commence or defend any action or proceedings for the determination of the conflict as provided in paragraphs 6, 7 and 8 of these General Provisions. The parties hereto jointly and severally agree to pay sll casts, damages, judgments and expenses, including reasonable attorney's fees, suffered or incurred by you in connection with; or arising out of this escrow, including, but without limiting the generality of the foregoing, a suit in Interpleader brought by you. In the event you file a suit in interpleader you shall be fully released and discharged from all obligations imposed upon you in this escrow. 10, Purchase Contract; The undersigned acknowledge that you, as escrow holder, are not charged with the responsibility of interpreting the provisions of any contract and shall not participate in, or be responsible for the monitoring contengency time periods, which may be the basis for this transaction, or making any disclosures relative to such provisions, or otherwise, even though you may have been provided a copy of such contract for escrow holder purposes, Your liability as escrow holder is limited solely to your compliance oAth the aforementioned "Agreement Contract', thesa instructions and any supplements, addendurns and amendments thereto delivered in writing. 71. Usury: You are not to be concerned with any question.of usury in any loan or encumbrances involved in the processing of this escrow grid you are hereby released of any responsiblilty, or liability therefore, Furthermore, notwithstanding the Note has been executed, YOU are authorized to insert the actual date of recording in all Notes as to the commencement of interest and due data of the first payment, unless otherwise instructed, 12, Indemnity for Attorneys Fees and Costs, In the event suit is brought by any party to this escrow, including the title company or any other peirty, es agair-ot each other or others, indudintg the title company, cislming any right they may have as namse each other or against the title company, then in that ¢vent,'the parties heretA agree to reimburse, indemnify and hold harmless the title company from and against any loss, attorney', fees, expenses and hosts incurred by it. Seller initials ! Page 4 Bjyer initials 13. 00-SOwtC060 Of 00CUM8MP: you are authorized to destroy or otherwise dispose of any and $B documents, papers, instructions, correspondence and other material pertaining to this escrow at the expiration of five years from the close of escrow or cancellation thereof, without liability and without further notice to parties to the transaction_ 14. Tax Reporting And VWthholding € 1611gations of the Parties: Federal Law: Internal Revenue Code Section 1445 places special requirements for tax reporting and withholding on the principals to a real estate transaction where the seller (transferor) is a nonresident alien, a non -domestic corporation or partnership, a domestic corporation or partnership or limited liability company controlled by non- resident corporations ,dartnerehips or limited liability companies. TransferodUller and Transferee/Buyer agree that any calculation, deduction, act of action, such as the withholding of funds and/or the payment of taxes in compliance with FIRPTA, or any other internal Revenue Service Gods or Regulations, shall be the exclusive obligation of the parties, to be performed outside of this escrow. With respect to both California and federal law, the understghed represents and warranty to Escrow Agent that the undersigned is relying on an atbrney's, accountant's or other tax specialist's opinion concerning the effect of these taws on this transaction or on the undersigned's own knowledge of these laws, The undersigned is not acting on or relying on any statements made or omitted by Escrow Agent with respect to tax reporting or withholding requirements. Seller is aware that Federal Tax Low requires that escrow holder be provided with correct taxpayer identification Information. Escrow holder will report the transaction to the internal Revenue Service inOuding the seller's social security number or taxpayer identification number and the gross Consideration. The reporting to the Interne! Revenue Service can be eliminated, at e60roW8 option, it Seller provides escrow with a yes response to all the question812sSurancQS an the Real Estate Reporting Cortification for Information Reporting, g�w: in accordance with Section 18662 of the Revenue and Taxation Code, a buyer may be required to withhold an amount equal to 3 113 percent of the sales prtce in the case of a disposition of California real property Interest by either: 1. A seller who is an individual, trust, or estate cr when the disbursement instnrctions authorize the proceeds to be sent to a financial intermediary of the seller, OR 2, A corporate seller that has no permanent piece of business in Ggllfornia lrnmediately aftar the transfer of title to the California property 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 fequired to withhold any amount or be subject to penalty for failure to withhold if: 1, The sates price of the California real property conveyed does not exceed one hundred thousand ($100,000), OR 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, OR 3. The seller, who is ari individual, trust, estate, bank acting as a trustee other than a trustee of a deed of trust or corporation without a permanent place of business in California, executes a written certificate, udder 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 124 of the Internal revenue Code), b, The last use of the property being conveyed was used by the transferor as the transferor's principal residence within the meaning of Section 121 of the Internal Revenue Code_ c, The California real property being conveyed is or oil be exchanged for property of like kind (within the meaning of Section 1031 of the Internal Revenue Code), but only to the extent of the amount of gain not required to be recognized for California income tax purposes under Section 1031 of the internal Revenue Code. d. The Gallfomia fGe1 property has been cornpulsorily or involuntarily converted (within the meaning of Section 1033 of the Internal Revenue Code) and that the seller intends to acquire property similar or related In service or use so as to be eligible for non -recognition of gain for California income tax purposes under Section 1033 of the internal Revenue Code. 6, Tr',e California real property transaction will result in a loss or not gain not required to be recognized for California income tax purposes. The seller must complete, sign and turn in the .502,C form to escrow by the close of escrow for it to be considered valid, Otherwise the escrow will withhold the full 3 V3% of the total sales price, The Seller may elect to ;say withholding taxes based on an alternative withholding amount based on the caicurattona and completion of the Forms 593-E and 593-8. Escrow will withhold and remit to the FTD the alternative tax amount shown in box 8 of the four 593-8_ Title and escrow persons are not authorized to *vide tagal or accounting advice for purposes of determining withholding amounts, Transferors are strongly encouraged to consult with a competent tax professional for purposes of completing the FT forms. Seller initials __„_f wade 5 Buyer initials �e� Any transferor (seder) who, for the purpose of avoiding the withholding requirements, knowingly executes a false certificate is liable for a penalty of $1,000 or 100% of the required withholding amourf,, whichever is greater. For additional information, the principals are invited to contact the Frenchise, Tax Board at (888) 792-4900, or visit their :vebsite at yr vWAc,ca.gov. .5, Supplemental Faxes: Supplemental tax bills, when issued and posted, may not he immediately available; therefore, there may be a gap fn time where the bill may be posted but we would not have knowledge of it. Therefore, in the event a supplemental tax bill is issued by the Goursty Tax Collector after the~ date of the above mentioned preliminary report or after the close of escrow and transfer of title, the , Rashes agree to handle m a, dtustmg_n !L h WQht result from such supplemental Egx bill directly fE�mse€vas. and you n t 's f r nor r out b n n i Su1,gEemental tax, bit€ issued after the date of the ,fit lir irr re; �Crt or the clq�e,Qf _eApLOk 1S. Exchanges: in the event this transaction is an exchange or part of an exchange, the parties acknowledge the escrow holder has made no representations whatsoever regarding the sufficiency or affect of this transaction in relation to applicable federal and state tax laws. It is further acknowledged by the parties that they have been advised by escreav4 holder to seek the counsel of their own tax attomey*or certified public accountant for the determination of any tax consequences of this exchange. The undersigned fully indemnify and ho€a escrow holder harmless from any loss or damage which the parties may sustain in the event this transaction falls to qualify for any special tax treatment. t ? Amendment to Escrow Instructions and Counterpart .'approval use of facsimile: Any amendment or supplement to these escrow instructions, amendments and supplements must be In writing, Collectively, these ascrow instructions constituto the entire escrow between the escrow holder and tie parties. Thesis escrow instructions, amendments and supplements may be executed in one or morns counterparts each of which independently shall Leave the same effect as if it were the original, and all of which takes+ together shall constitute one and the same instructions. Should said documents be delivered by facsimile or electror7lcally, parties hereto instruct I-scrow Holder, at Escrow Holder's ci eAion, to rely upon such instructions as it they were original. If requested by Escrow Molder, the Sander of facsimile documents agrees to deliver original signed forms to Escrow Holder within 72 hours_ it is further understood that documents nKeasary for recording by the County Recorder must be ortginal signatures, and therefore, non -receipt of the original documents to record can delay the cross of escrow, 18. Agreement of Co -Operation (Unjust Enrichment) and other remedies available for recovery of funds: In the %vent that any party to this escrow receives funds or is credited with funds that they are not entitled to, for whatever reason, they agree, upon written demand, to return said funds to the proper party entitled or to the escrow for disbursement, Escrow Holder has the option to file for a Small Claims action, in a judicial district convenient to WFG National Title Company of California. The services of a Collection Agency, may be initiated, if Escrow Holder is not in receipt of the requested funds within 15 days of a written demand. Any consequences concerning credit reporting shall not be the responsibility or Ilablll#y of WFG National Title Company of California. In the event that suit is brought to enforce the return of said funds, the parties agree to reimburse the prevailing party their reasonable attorney fees, 19, Fecrow Urnited Capacity' We und6mtand that Escrow Is acting tinder this Agreement (1.9, the Agreement, escrow instructions and amendments thereto) aas a depository only ana €is sole responsibility shall be to comply with the written instructions given to and accepted by i-scrow under this Agreement. It is agreed and understood that these Escrow instructions shall be the whole and only agreement between the parties with regard to the instructions to, and obligations of, WFG National Title Company pf California, and shai€ supersede and cancel any prior instructions, Your duties under this Agreement shall be limited to the safekeeping of money, instruments, or other documents received by you as the Escrow Agent, and for the disposition of the money, instruments or other documents received by you in accordance with the instructions contained in this Agreement. Escrow shai€ have no duty, obligation or responsibility to undertake any of the following actions: (a) to inquire into the sufficiency, correctness, genuineness, form, substance, manner of execution, validity or enforceability of any document deposited to escrow by others; (b) to inform either Seller, Borrower or lawyer of any facts which Escrow may have acquired outside the transaction between Seller, Borrower and Buyer, (c) Escrow Holder does not interpret documents and any comments or statements made by Escrow are only made as a general matter and are not to be considered as advise of any kind, (d) for any loss suffered by :either Seller, Borrower or Buyer attributed to defects in the Title to the Real Property except for a loss caused by Escrow's failure to obtain the required Title insurance or Title coverage_ The undersigned parties jointly and severally agree to hold WFG National Title Company of California harmless from and against any and at€ damages or liability, therefore, loss, frosts, charges, attorneys' fees or other expenses which WFG National Title Company of Califarn12 shall or may at any time suffer, sustain or incur by reason of or in con5equeazce of complying with the foregoing instructions. It is recommended that the parties seek independent legal counsel and other professional advise as to all matters concerning this transaction. Secrow Holder may incur certain additional spits on -behalf of the parties for services perforated by third party providers, The fees charged by Escrow bolder for services, suds as, but not limited to delivery, wire transfer or recording fees, have been calculated and collected based on the best available informaWn at closing and may not be exact. in the event Escrow Holder is requested or instructed to pay credit card accounts, Colieetlon accounts, or any debit, other than a lien against the property, it is understood such payments are made es a matter of accommodation only, and WFG National Title Company of CalEFornla is relieved from any liability or responsibility for late fees or any other costs, other than the amount shown an the estimated settlement statement. Borrower is responsible for providing escrow with account number, address and complete name of creditor. The method of delivery of payment shall be sent directly to the creditor. via U.S. postal Service, at closing. ,� Seller initials _f rage 6 Buyer initialed Should Escrow Holder receive creditor information from and as a lender condition of funding, the parties to this escrow understand that Borrower remains responsible for payments and monitoring said credit accounts, Escrow t-Mder is not to be concerned with veritieat;on of any information, Inoluding but not limited to iaaiances due or receipt of payment_ Any disputes as to ba€ances dije or name of creditor shall be a matter conducted between the Borrower, creditor and fender directly. 20, Copy Ctwel"rty; Any copies provided to us from the County Recorder are the best available copies and WFG iational Title Company of California is relieved from any liability or responsibility for the clarity of the copies, ,n. Identification Disclosure; Federal and state laws require that certain forms include the party's Social Security Number or TIN, and that such forms or copies of the forms be provided to other parties and to applicable government authorities. To comply with USA PATRIOT ACT. certain taxpayer identification information (including, }hut not Limited to the social security number) may be required from Escrow Holder by certain persons or entities involved (directly or, indirectly) in the transaction, Faderal Leglsiation requires that buyers and sellers provide the Internal Revenue Service the Taxpayer identification Number of the party to whom lnterest is paid or received, This reporting is the sole responsibility of the buyer and the seller. If you will be paying or receiving interest, you are ertcounargad to exchange Taxpayer Identiflc;6on Numbers. at this time. `rvtmG National Title Company of California is authorized to release a party's TIN (Social Security Number) upon written request from an applicable governmentai authority. ')2. Disclosures: The undersigned hereby certifies that all the liens, judgments, deeds of trust, taxes and other obligations have been discigssed to WFG National Title Company of California, and that NO additional items or obligations exist against me tus, except those disclosed on the preliminary report referenced above, which I/we have examined. The undersigned heraby certifies that NO construction, alterations, additions to, or repair of a building or structure is in process or has recently been completed. Therefore, the undersigned agrees to hold harmless and indemnify VVFG National Title Company of California and its underwriter against all loss, damage, attorney's fees and other costs and charges which WFQ National Title Company. of California or its underwriter may sustain in consequences of having issued such policy or policies of Title Insurance, and not having taken exception to an item which should have been (Jisclosed, but for whatever reason, was not. 23, Preltminary Change of Ownership tPCOR Statement): Buyer, Seller and/or borrower vAll hand you before close of escrow a completed "Preliminary :change of Ownership" Statement which you are instructed to file accompanied by the TransfedGrant peed with the County Recorder: or in the absence or rejection thereof you will pay from Borrower/Buyer funds an additional $20.00 as requested by the County Recorder. It is understood that Escrow does not have sufficient information to complete this form and will not be required to furnish information therefore. In the event the Preliminary Change of Ownership Statement is rejected, Borrower/Buyers understand that they will be required to file a Change of Ownership Statement that should be mailed to them with the recorded TransferlGrant Deed from the County Recorder's Office, after close of escrow. Buyers are aware that by law this requirement must be met within 45 days from recordation of their Transfer/Grant Deed or they may be assessed additional penalties. 24, F-scheat to the State of California: if for any reason, funds retained or remain in ascrow for more than 3 years after the last contact date with the party(ids) in which funds were disbursed or instructed to he released or there was a dispute regarding the disbursement of funds, without escrow receiving a final court order directing the disbursement of funds, and the party(ies) can not be located, then you are to escheat the remaining funds to the Stato Controller, as mandated by the Slate of California. 25, vve are Committed to Safeguarding Customer Information: In order to better serve your needs now and in the future, you have provided or will provide us with certain Information. We understand that you may be concerned about what we Will do with such information - particularly any personal or financial information. We agree that you have a right to know how we will utilize personal Information you provided to us. lice i This Privacy Policy governs our use of the information that you provide to us, it door, not govern the manner in which we may Use information we have obtained from any other source, such as information obtained from a public record or from another person or entity, Ty[>yms_of infcrmarL0n Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect and rely upon include; Information we receive from you on applications, forms and in other communications to US, whether In writing, in person, by telephone 4r other means; information about your transactions with us, our affkiated companies, or other area; and Information we receive from a consumer -reporting agency. Use of information The Information you provide us is for our own teoitimate business purposes and not for the benefit of any affiliated or nonaffiliated party. Therefore, we will not release your information to affiliated and nonaffiliated parties except: (t) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such information rrray be used for any internal plxposes, such as quality control efforts or customer analysis. Seller initials __ _! Page 7 Buyer initials Fo mer Customers Even if you are no longer our custorner, our Privacy Policy will continue to apply to you. Ggnfi entiallty and Seoul We will use our best effort to ensure that no t�riauthorized parties have access to any of our Information. We restrict access tp nonpublic personal Information about you to those individuals and entltles that need to know that information to provide products or aervices to you. We will use our bast efforts to train and oversee our ernployees and agents to ansurs that your information will be handfed responsibility and in accordance with this Privacy Policy. We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal informations. 2E, Maintenance/Custodlan or Funds held fee: If for any reason, funds are retained or remain in escrow more than go days after the closing date, you may, at Escrow fielders option, deduct there from a reasonable monthly charge as custodian thereof of not less then $25.00 per month, Instruments that are not negotiated within six months nre considered stale dated and are considered to be held in escrow and are subject to the fees described above to be assessed, from time to time, as deemed appropriate by escrow holder, from the date of the instrument. 27 Application of Payoff Funds: The parties herein understand that interest continues to accrue against existing liens until such time as the beneficiary is in receipt of the payoff funds. Borrower remains msponsible for making payments, when due, to the Beneficiary. Should a check or wire be deemed unacceptable by lenders, creditors, lien holders or benefidaries of Deeds of Trust, you are authorized to act on our behalf in communicating with the lender. in every way, Including, but not limited to requesting the funds, as well es any balanca_in an impound account, be applied towards the balance due. Furthermore, 11We authorize and instruct the creditors contacted by WFG National Title Company of California to release any and all information concerning our accounts in order for WFG stational Title Cafnparey of California, to pay amounts instructed by the new lender funding this transaction or as shown on the estimated or closing statement issued by WFG National Title Company ,of California in connection with these general provisions. Creditors are to accept these instructions as my/our full authoriza#ion for the release of said information with, no further authorization from the undersigned. WFG'National Title Company of California is specifically directed to follow these instructions only and has no responsibility to follow the terms of any prior agreements entered Into between, the parties herein. It is agreed and understood that these Escrow Instructions shall be the whole and only agreement between the parties with regard to the instructions to, and obligations of WFG National Title Company of California, and shall supersede and cancel any prior instructions. The undersigned parties Jointly,8nd severally agree to hold trifFG Ngtionai 7iti®G rnppny of California harmless from and against any and all damages or liability, therefore, loss, costs, charges, attorneys' fees or other expenses which WFG National Title Company of Callforrila Shall or may at any time suffer, sustain or incur by reason of or in .consequence of complying with the foregoing instructions. • ,although time is of the essence in these instructions, they shall be effective until revoked by written demand, as contemplated uder paragraphs 6, 7,8 and 16 of these General Provisions. END OF GENERAL PROVISIONS Seller initials I Papa 8 Buyer initials ) _ &. DfTIONAL INSTRUCTIONS. The undersigned parties jointly and severally agree to hold WFG Naf nal TWO Company of California harmless from end against any and ail damages or liabiilty, therefore, loss, costs, charges, attorneys' fees or other expenses which WFG National TRIG Company of California shall or may at any time suffer, sustain or incur by reason of or in consequence of c. plyfng with the foregoing instructions_ Although time is of the essence in these instructions, they shall be effective until revoked by written demand and authorizatlon'satisfactory to you, Should the parties have any questlons concerning the signing of documents or the interpretation of these instructions, they are advised to consult their attorney, WFG ritationai Tide Company of Gallforn#a conducts escrow business under the atAthority of an underwritten Title Insurance C*mpany, license number 2575-9, Issued by the California Department of Insurance. The foregoing terms, provisions, conditions, and instructions, and those "General Provisions" Contained herein are. hereby approved and accepted in their entirety and concurred in by nee, I Will hand you necessary documents celled for on my part to cause title to be shown as above for which you are authorized to deliver when you hold for my aGoount funds due me, within the time as above provided, pay your escrow charges, my recording Fees, charges for evidence of title as called for, whether or not this escrow is consummated. You are hereby authorized to pay bonds, assessments, taxes, and any liens of record to show title as called for. ALL PARTIES i- FRFB'Y ACKNCtWLEDGIF RECEIPT OF A COPY OF THESE INSTRUCTIONS, SELLER'S SIGNATURE: Date., Successor Agency to the Community Redevelopment Agency of the City of Palm Springs, a public body, corporate and politic 3y: Marcus Fuller, ActingExecutiveDirector NAILING Ai DRES5: Forwarding Address, Vq_C E Tahuitz Canyon Wav _ Palm Springs. CA 92262 Phone Number(s): 760-8260 BUYER'S SIGNATURE: Date, C. Harold Keasler, as Trustee of The C. Harold Keasler Trust dated January 31, 1985 C, Narolc. Ba�Tn'-. James E, Murphy, as Trustee of The Jarnes Edward Murphy Trust dated May 15, 2014 -m -s c. f iurpny, Truste .- CvtAlLING ADDRESS; Forr�rarding Address:, Phone Number(s): - Se€ier initials Paris/. 9 Buyer initig?R-- Legal Description Parcel 1: That portion of Block 24 of Palm Springs, in the City of Palm Springs, County of Riverside, State of California, as per Map recorded in Book 9, page 432 of Maps, Sgin Diego County Records, described as followa: Begirtrting at a point of the West line of said Block, 254.00 feet North 00` 08' 00" West on the North lire of Lemon street, 6E,'.00 feet wide, now known as Amado Road, as Shown on said Map; Thence continuing Forth 00" 084 00" West, 40,15 feza on said West line; Thence North 8911 50' 00" Bast, 52.16 feet, parailei with the North line of said Lemon Street; Thence South 00' 50' 00" West 52.15 feet, parallel with said North line to the Point of Beginning, Said land Is Included within the area of a Map filed in Book 10, Page 95 of Record of Survey, in the Office of the County Recorder of said Riverside County. Parcel 2: A non-exclusive easement and right of way for ingress and egress, in, over and across the North 9.85 feet of the West 52.16 feet of that portion of Block 24 of Palm Springs, as per leap recorded in Bock 9, page 432 of Maps, San Diego Co;.lrtty Records, described as follows: Beginning at a point on the East line of Main Avenue, 50.00 feet wide, now known as Palm Carryon Drive, being the West line of said Block, 254.00 feet North of the North line of Lemon Street, 66.00 feet wide; Thence North 50.00 feet on the West line of Said B000k; Thence Last 145.2o feet parallel with the North line of said Lemon Street; Thence South 50.00 feet, parallel with said West line; Thence West U5.20 feet, parailei with said North line, to the Point of Beginning. A P N : 513-081-017-6. 009- 618 - 57 6.6 Mailer initial$ .�..� .,.:� Page 10 Buyer REQUEST FOR TREASURER'S RECEIPT TO: FINANCE DEPARTMENT, CASHIER DATE: October 2, 2018 FROM: Community and Economic Development PLEASE ACCEPT $ 470,873.38 FROM: WFG National Title Company of California FOR: Purchase of Cork n Bottle Building at 342 North Palm Canyon Drive CREDIT ACCT NO. 870-37801 BY ORDER OF CWFG National Title Company a Williawn Financial Group company October 2, 2018 1555 S Palm Canyon H106 Palm Springs, CA 92264 Phone: (760) 327-7500 Successor Agency to the Community Redevelopment Agency of the City of Palm Springs, 3200 E Tahquitz Canyon Way Palm Springs, CA 92262 Escrow Number: 18-211053 Property Address: 342 North Palm Canyon Drive, Palm Springs, CA 92262 In connection with the closing of our above referenced escrow, we enclose the following: • Sale proceeds, in the amount of $470,843.38. • Final Settlement Statement (PLEASE RETAIN FOR TAX PURPOSES) • 1099S Form for reporting to the Internal Revenue Service (PLEASE RETAIN FOR TAX PURPOSES) Recorded documents and any other documents to which you are entitled will be forwarded to you as soon as they are available. Thank you for the opportunity to be of service to you in this transaction. We look forward to working with you again. Sincerely, &4044 .50&V4" Claudia Solorzano, Escrow Officer ClaudiaS@wfgtitleco.com (760) 327-7500 DATE: 10/2/2 0 1 e FILE: 18-211053 CHECK AMOUNT: BUYER/SELLER: C. Harold Keasler, as Trustee of The C. Harold Keasler Tr... SETTLEMENT DATE: PROPERTY ADDRESS: 342 North Palm Canyon Drive, Palm Springs, CA 92262 PAYEE: Successor Agency to the Community Redevelopment Agency of the City of Palm Springs, 10/2/2010 Allocation for Successor Agency to the Community Redevelopment Agency of the City of Palm Springs, a WrG National Title Company orCalirornia WFG National Title Company or California 1555 S Palm Canyon H106 Palm Springs, CA 92264 (760) 327-7500 Comerica Bank Escrow Trust 2321 Rosecrans Avenue, Suite 5000 El Segundo, CA 90245 90-3752+1211 Vold after 90 Days 58364 $470,843.38 10/1/2018 $470,843.38 58364 October 02, 2018 TO TH�u�Hundred even Th us�nd Eiq�ht Hl dried o $470,84138 uccessor genc�i to t ie omm nity �r Tl�r�e and 3 / OD##; ORDER Palm Springs, a eve ap en gency o t�e City of Dollars t OF 3200 E Tahquitz Canyon Way F Palm Springs, CA 92262 MEMO 18-211053 ITS wiM `A' I"SS364tie 1:121&375221: LEI 947i420tu' American Land Title Association FINAL ALTA Settlement Statement - Seller Adapted 05-01-2015 File No./Escrow No.: 18-211053 WFG National Title Company of Print Date & Time,. 1002018 1 08:37 PM California 1555 S Palm Canyon H706 Officer/Escrow Officer. Claudia Solorzano Palm Springs, CA 92264 (760) 327-7500 Property Address; 342 NORTH PALM CANYON DRIVE PALM SPRINGS, CA 92262 (RIVERSIDE) (513-081-017-6, 009-618-576-6) Seller SUCCESSOR AGENCY TO THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, A PUBLIC BODY, CORPORATE AND POLITIC 3200 E Tahquitz Canyon Way Palm Springs. CA 92262 Lender. Settlement Date: 10/1/2018 Disbursement Date: 1012/2018 I File X 18.211053 Page 1 of 1 printed on MOWS at 1:08 PM ❑ CORRECTED {if checked FILER'S name, street address, city or town, state or province, country, ZIP or 1 Date of closing foreign postal code, and telephone number October 1, 2018 WFG National Title Company of California 1555 S Palm Canyon H106 2 Gross Proceeds Palm Springs, CA 92264 $500,000.00 (7601327-7500 OMB No. 1545.0997 20118 Form 1099-S FILER'S federal identification number TRANSFEROR'S identification number 3 Address or legal description 95-3621359 95-6000757 342 North Palm Canyon Drive, Palm Springs. CA 92262 TRANSFEROR'S name Successor Agency to the Community Redevelopment Agency of the City of Palm Springs, a public body, corporate and politic Street address (including apt. no.) 3200 E Tahquitz Canyon Way City or town, state or province, country, and ZIP or foreign postal code Account of escrow number (see instructions) 18-211053 Proceeds From Real Estate Transactions 4 Transferor received or will receive property or services as part of the consideration (if checked) [ ] 5 If checked, transferor is a foreign person (nonresident alien, foreign partnership, foreign estate, or foreign trust) I 6 Buyer's part of real estate tax $887.67 Copy B For Transferor This is important tax Information and is being furnished to the Internal Revenue Service If you are required to file a relum, a negligence penalty or other sanction may be imposed on you if this item Is required to be reported and the IRS determines that it has not been reported Form 1099-S (keep for your records) www.irs,aov1fonn1099s Department of the Treasury — Internal Revenue Service REQUEST FOR TREASURER'S RECEIPT TO: FINANCE DEPARTMENT, CASHIER DATE: October 2, 2018 FROM: Community and Economic Development PLEASE ACCEPT $ 470,873.38 FROM: WFG National Title Company of California FOR: Purchase of Cork n Bottle Building at 342 North Palm Canyon Drive CREDIT ACCT NO. 870-37801 BY ORDER OF CWFG National Title Company a Williawn Financial Group company October 2, 2018 1555 S Palm Canyon H106 Palm Springs, CA 92264 Phone: (760) 327-7500 Successor Agency to the Community Redevelopment Agency of the City of Palm Springs, 3200 E Tahquitz Canyon Way Palm Springs, CA 92262 Escrow Number: 18-211053 Property Address: 342 North Palm Canyon Drive, Palm Springs, CA 92262 In connection with the closing of our above referenced escrow, we enclose the following: • Sale proceeds, in the amount of $470,843.38. • Final Settlement Statement (PLEASE RETAIN FOR TAX PURPOSES) • 1099S Form for reporting to the Internal Revenue Service (PLEASE RETAIN FOR TAX PURPOSES) Recorded documents and any other documents to which you are entitled will be forwarded to you as soon as they are available. Thank you for the opportunity to be of service to you in this transaction. We look forward to working with you again. Sincerely, &4044 .50&V4" Claudia Solorzano, Escrow Officer ClaudiaS@wfgtitleco.com (760) 327-7500 DATE: 10/2/2 0 1 e FILE: 18-211053 CHECK AMOUNT: BUYER/SELLER: C. Harold Keasler, as Trustee of The C. Harold Keasler Tr... SETTLEMENT DATE: PROPERTY ADDRESS: 342 North Palm Canyon Drive, Palm Springs, CA 92262 PAYEE: Successor Agency to the Community Redevelopment Agency of the City of Palm Springs, 10/2/2010 Allocation for Successor Agency to the Community Redevelopment Agency of the City of Palm Springs, a WrG National Title Company orCalirornia WFG National Title Company or California 1555 S Palm Canyon H106 Palm Springs, CA 92264 (760) 327-7500 Comerica Bank Escrow Trust 2321 Rosecrans Avenue, Suite 5000 El Segundo, CA 90245 90-3752+1211 Vold after 90 Days 58364 $470,843.38 10/1/2018 $470,843.38 58364 October 02, 2018 TO TH�u�Hundred even Th us�nd Eiq�ht Hl dried o $470,84138 uccessor genc�i to t ie omm nity �r Tl�r�e and 3 / OD##; ORDER Palm Springs, a eve ap en gency o t�e City of Dollars t OF 3200 E Tahquitz Canyon Way F Palm Springs, CA 92262 MEMO 18-211053 ITS wiM `A' I"SS364tie 1:121&375221: LEI 947i420tu' American Land Title Association FINAL ALTA Settlement Statement - Seller Adapted 05-01-2015 File No./Escrow No.: 18-211053 WFG National Title Company of Print Date & Time,. 1002018 1 08:37 PM California 1555 S Palm Canyon H706 Officer/Escrow Officer. Claudia Solorzano Palm Springs, CA 92264 (760) 327-7500 Property Address; 342 NORTH PALM CANYON DRIVE PALM SPRINGS, CA 92262 (RIVERSIDE) (513-081-017-6, 009-618-576-6) Seller SUCCESSOR AGENCY TO THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, A PUBLIC BODY, CORPORATE AND POLITIC 3200 E Tahquitz Canyon Way Palm Springs. CA 92262 Lender. Settlement Date: 10/1/2018 Disbursement Date: 1012/2018 I File X 18.211053 Page 1 of 1 printed on MOWS at 1:08 PM ❑ CORRECTED {if checked FILER'S name, street address, city or town, state or province, country, ZIP or 1 Date of closing foreign postal code, and telephone number October 1, 2018 WFG National Title Company of California 1555 S Palm Canyon H106 2 Gross Proceeds Palm Springs, CA 92264 $500,000.00 (7601327-7500 OMB No. 1545.0997 20118 Form 1099-S FILER'S federal identification number TRANSFEROR'S identification number 3 Address or legal description 95-3621359 95-6000757 342 North Palm Canyon Drive, Palm Springs. CA 92262 TRANSFEROR'S name Successor Agency to the Community Redevelopment Agency of the City of Palm Springs, a public body, corporate and politic Street address (including apt. no.) 3200 E Tahquitz Canyon Way City or town, state or province, country, and ZIP or foreign postal code Account of escrow number (see instructions) 18-211053 Proceeds From Real Estate Transactions 4 Transferor received or will receive property or services as part of the consideration (if checked) [ ] 5 If checked, transferor is a foreign person (nonresident alien, foreign partnership, foreign estate, or foreign trust) I 6 Buyer's part of real estate tax $887.67 Copy B For Transferor This is important tax Information and is being furnished to the Internal Revenue Service If you are required to file a relum, a negligence penalty or other sanction may be imposed on you if this item Is required to be reported and the IRS determines that it has not been reported Form 1099-S (keep for your records) www.irs,aov1fonn1099s Department of the Treasury — Internal Revenue Service RECORDING REQUESTED BY: WFG National Title Company of California MAIL TAX STATEMENTS AND WHEN RECORDED MAIL TO: C. Harold Keasler, as Trustee and James E. Murphy, as Trustee 275 Camino Norte Palm Springs, CA 92262 Escrow No.: 18-211053 Nykr- DOC # 2018-0391314 10/01 /2018 05:00 PM Fees: $30.00 Page 1 of 3 Recorded in Official Records County of Riverside Peter Aldana Assessor -County Clerk -Recorder "This document was electronically submitted to the County of Riverside for recording" Receipted by: CHERYL #637 APN: 513-081-017-6, SPACE ABOVE THIS LINE FOR RECORDER'S USE (t _ oo t GRANT DEED THE UNDERSIGNED GRANTOR(S) DECLARE(S): DOCUMENTARY TRANSFER TAX is t:-5, C) C) CITY TAX $0.00 ® computed on full value of property conveyed, or computed on full value I ss liens and encumbrances remaining at time of sale, Unincorporated area City of Palm Springs , and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Successor Agency to the Community Redevelopment Agency of the City of Palm Springs, a public body, corporate and politic, hereby GRANT(S) to C. Harold Keasler, as Trustee of The C. Harold Keasler Trust dated January 31. 1985 and James E. Murphy, as "trustee of The James Edward Murphy Trust dated May 15, 2014, the following described real property in the City of Palm Springs, County of Riverside, State of California: SEE ATTACHED EXHIBIT "A" The property more commonly known as: 342 North Palm Canyon Drive, Palm Springs, CA 92262 Dated: ('Z ® i g, Succor Agency to the Comity Redevelopment Agency of the City of Palm Springs, a public body, corporate and By: -- V VL4 Marcus Fuller, Acting Executive Director DOC #2018-0391314 Page 2 of 3 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 CALIFORNIA } SS. COUNTY OF rS . - �i' / r On %%�-' L ® �� before me, /'} / �/`!N rJ. a Notary Public, personally appeared lfl6t /^(- lJS //,- /' who proved to me on the basis of satisfactory evidence to be the persons) whose name(-&) is/a€e subscribed to the within instrument and acknowledged to me that he/s4e4hpay executed the same in his/ i9eir authorized capacity(ies), and that by his/dherftfrelr signature{) on the instrument the persons) or the entity upon behalf of which the personM 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. `KIMB�ERLYS. FLOYD Commission # 2127367 J} ®, z "+� Notary Public - California Signature f Z Riverside County My Comm. Expires Oct 17, 2019 MAIL TAX STATEMENTS AS DIRECTED ABOVE DOC #2018-0391314 Page 3 of 3 THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF Riverside STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: Parcel 1 That portion of Block 24 of Palm Springs, in the City of Palm Springs, County of Riverside, State of California, as per Map recorded in Book 9, page 432 of Maps, San Diego County Records, described as follows: Beginning at a point of the West line of said Block, 254.00 feet North 00' 08' 00" West on the North line of Lemon Street, 66.00 feet wide, now known as Amado Road, as shown on said Map; Thence continuing North 00' 08' 00" West, 40.15 feet on said West line; Thence North 89' 50' 00" East, 52.16 feet, parallel with the North line of said Lemon Street; Thence South 00' 50' 00" West 52.16 feet, parallel with said North line to the Point of Beginning, Said land is included within the area of a Map filed in Book 10, Page 95 of Record of Survey, in the Office of the County Recorder of said Riverside County. Parcel 2 A non-exclusive easement and right of way for ingress and egress, in, over and across the North 9.85 feet of the West 52.16 feet of that portion of Block 24 of Palm Springs, as per Map recorded in Book 9, page 432 of Maps, San Diego County Records, described as follows: Beginning at a point on the East line of Main Avenue, 80.00 feet wide, now known as Palm Canyon Drive, being the West line of said Block, 254.00 feet North of the North line of Lemon Street, 66.00 feet wide; Thence North 50.00 feet on the West line of said Block; Thence East 145.20 feet parallel with the North line of said Lemon Street; Thence South 50.00 feet, parallel with said West line; Thence West 145.20 feet, parallel with said North line, to the Point of Beginning.