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HomeMy WebLinkAboutA6315 - MORRIS COMMUNICATIONS COMPANY LLC - AGR FOR PURCH/SALE OF PROPERTY AT CHINO CANYON CREEK/HWY 111 DOC # 2013-0169750 04/10/2013 04.02 PM Fees: $0.00 RECORDING REQUESTED 6Y: Page 1 of 5Recorded in Official Records First American Title Company G� 1 1 ;�i�AN AGF�{ 1 pv County of Riverside AND WHEN RECORDED MAIL TO: Larry W.Ward y 0 2013 Assessor, County Clerk& Recorder The City of Palm Springs 3200 E Tahquitz Canyon Way Y F,ri. Palm Springs, CA 92262 �iT "This document was electronically submitted to the County of Riverside for recording" ATTN: City Manager /� Receipted by: LJONES D 7 THIS SPACE FOR RECORDER'S uSE ONLY: True Order No.: 4310642 Escrow No.: 25313-MS 1-o3t-' GRANT ED THE UNDERSIGNED GRANTOR(S) D DOCUMENTARY TRANSFER TAX is$NONE [X]computed on full value of property conveyed, or ]computed on full value less value of liens or encumbrances remaining at time of sale. Unincorporated area ( ; City of Palm Springs AND FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Morris Communications Company,LLC, a Georgia Limited Liability Company formerly known as Morris Communications Corp. , a Georgia Corp. hereby GRANT(s)to: The City of Palm Springs, a California municipal corporation and Charter City the real property in the County of Riverside, State of California, described as: As per legal description attached hereto as Exhibit"A"and made a part hereof. Also Known as: APN 669-230-010-7 and 669-230-011-8, Palm Springs, CA AP#: 669-230-010-7 and 669-230-011-8 The property conveyed hereby is subject to (i) non-delinquent general and special real property taxes and assessments; and(ii) matters of record. DATED March 11,2013 STATE OF GEORGIA Morris Communications pany, LL , a Georgia COUNTY OF Ri 4 roond Limited Liability o p ny On Mo- /rC- a01.3 before me, crrrjc,- ri n A Notary Public personally appeared By: W m i r<rrr S. mwris= resident who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. - WITNESS my hand and official seal. Public,Richmond County,Georgia —yr n My mission Expires April 13,2G15 Signature (Seal) MAIL TAX STATEMENTyfO PARTY SHOWN BELOW; IF NO PARTY SHOWN, MAIL AS DIRECTED ABOVE: RECORDING REQUESTED BY: First American Title Company AND WHEN RECORDED MAIL TO: The City of Palm Springs 3200 E Tahquitz Canyon Way Palm Springs, CA 92262 ATTN: City Manager THIS SPACE FOR RECORDER'S USE ONLY: Title Order No.: 4310642 Escrow No.: 26313-MS 1-03 v GRANT DEED THE UNDERSIGNED GRANTOR(S) DECLARE(S) DOCUMENTARY TRANSFER TAX is$NONE [X] computed on full value of property conveyed, or ]computed on full value less value of liens or encumbrances remaining at time of sale. Unincorporated area [ ; City of Palm Springs AND FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Morris Communications Company, LLC,a Georgia Limited Liability Company formerly known as Morris Communications Corp. , a Georgia Corp. hereby GRANT(s)to: The City of Palm Springs,a California municipal corporation and Charter City the real property in the County of Riverside, State of California, described as: As per legal description attached hereto as Exhibit"A"and made a part hereof: Also Known as: APN 669-230-010-7 and 669-230-011-8, Palm Springs, CA AP#: 669-230-010-7 and 669-230-011-8 The property conveyed hereby is subject to (i) non-delinquent general and special real property taxes and assessments; and (ii) matters of record. DATED March 11, 2013 STATE OF GEORGIA Morris Communications parry, LL , a Georgia COUNTY of m,crn(] Limited Liability o p ny On /"ict _ /2_ . aol3 before me, cvrnct J ri n _ A Notary Public personally appeared By. ' 4�i 11 aryl 5. /H o -rTs.--Ec ffrresident who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Notary Public,Richmond County,Georgia n - / My Commission Expires April 13,2015 Signature / ty (Seal) MAIL TAX STATEMENT5,TO PARTY SHOWN BELOW; IF NO PARTY SHOWN, MAIL AS DIRECTED ABOVE: F QpLM SA -� City of Palm Springs v m Office of the City Clerk ` 3200 E. Tahquicz Canyon Way • Palm Springs, CA 92262 Tel: (760) 323-8204 • Fax: (760) 322-8332 • TDD:(760)864-9527 • Web: www.palmspringsca.gov c4[IFORN�P CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the interest in real property conveyed by GRANT DEED Real property in the City of Palm Springs, County of Riverside, State of California, as described: Land described in Exhibit "A" APN: 669-230-010 and 669-230-011 dated: March 11, 2013 from, Morris Communications Company, LLC. a Georgia Limited Liability Company Grantor, to the City of Palm Springs, a municipal corporation and charter city, Grantee is herebyaccepted b the City Clerk of said City of Palm Springs, on this P y tY ty 28st day of March, 2013, pursuant to authority granted by the City Council of said City, by Resolution No. 20255 made on the 16th day of January, 2002, and the Grantee consents to recordation thereof by the City Clerk, its duly authorized officer. Dated at Palm Springs, California, this 4th day of April, 2013. iMESTHOMPSON City Clerk Post Office Box 2743 0 Palm Springs, California 92263-2743 FXW IT "A" LEGAL DESCRIPTION Real property in the unincorporated area of the County of Riverside, State of California, described as follows: PARCEL 1: (PORTION OF APN 669-230-010-7 AND 669-230-011-8) THAT PORTION OF SECTION 29,TOWNSHIP 3 SOUTH, RANGE 4 EAST, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS; BEGINNING AT THE INTERSECTION OF THE WEST LINE OF SAID SECTION 29 WITH THE SOUTHWESTERLY LINE OF THE LAND DESCRIBED IN THE DEED TO THE STATE OF CALIFORNIA, RECORDED FEBRUARY 3, 1948 AS INSTRUMENT NUMBER 305 IN BOOK 891 PAGES 247 TO 249 OF OFFICIAL RECORDS OF SAID RIVERSIDE COUNTY; THENCE ALONG THE LINES OF THE LAND DESCRIBED IN SAID DEED TO THE STATE OF CALIFORNIA, SOUTH 54°34' EAST, 2084.69 FEET,AND SOUTH 35° 26' WEST, 200 FEET; THENCE CONTINUING ALONG THE LINES OF THE LAND DESCRIBED IN SAID DEED TO THE STATE OF CALIFORNIA, BEING A CURVE TO THE RIGHT WITH A RADIUS OF 9650 FEET THROUGH AN ANGLE OF 60 12', A DISTANCE OF 1044.23 FEET TO THE TRUE POINT OF BEGINNING OF THE LAND BEING HEREBY DESCRIBED; THENCE CONTINUING ALONG THE LINES OF THE LAND DESCRIBED IN SAID DEED TO THE STATE OF CALIFORNIA, NORTH 410 38' EAST, 200 FEET AND SOUTH 48° 22' EAST, 673.05 FEET; THENCE SOUTH 41-38' WEST, 330 FEET; THENCE NORTH 48° 22' WEST, 606.81 FEET; THENCE NORTH 140 38' EAST 145.90 FEETTO THE TRUE POINT OF BEGINNING. PARCEL 2: (PORTION OF APN 669-230-010-7 AND 669-230-011-8) THAT PORTION OF SECTION 29, TOWNSHIP 3 SOUTH, RANGE 4 EAST, SAN BERNARDINO BASE AND MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE WEST LINE OF SAID SECTION 29 WITH THE SOUTHWESTERLY LINE OF THAT CERTAIN PARCEL OF LAND CONVEYED TO THE STATE OF CALIFORNIA BY DEED RECORDED FEBRUARY 3, 1948 AS INSTRUMENT NUMBER 305 IN BOOK 891 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, AT PAGES 247 THROUGH 249 THEREOF; THENCE SOUTH 54° 34' EAST,A DISTANCE OF 2084.69 FEET; THENCE SOUTH 35° 26'WEST,A DISTANCE OF 200.00 FEET TO THE BEGINNING OF A CURVE, CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 9650.00 FEET, FROM WHICH THE CENTER OF SAID CURVE BEARS SOUTH 35° 26' EAST; THENCE SOUTHEASTERLY ALONG SAID CURVE,TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 060 12', AN ARC DISTANCE OF 1044.23 FEET TO THE END THEREOF, SAID POINT BEING AN ANGLE POINT IN THE WESTERLY LINE OF THAT CERTAIN PARCEL OF LAND CONVEYED TO DANA B. HORN AND JACQUES S. YEAGER BY INSTRUMENT NO. 86602, RECORDED OCTOBER 10, 1961, IN THE OFFICE OF THE RECORDER OF RIVERSIDE COUNTY, CALIFORNIA; THE LAST THREE COURSES AND DISTANCES FOLLOW ALONG THE BOUNDARY LINE OF THE PARCEL CONVEYED TO THE STATE OF CALIFORNIA AS AFORESAID;THENCE SOUTH 140 38'WEST ALONG THE WESTERLY LINE OF THE PARCEL CONVEYED TO HORN AND YEAGER AS AFORESAID, A DISTANCE OF 145.90 FEET TO THE MOST WESTERLY CORNER THEREOF, FOR THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 140 38' WEST A DISTANCE OF 276.10 FEET; THENCE SOUTH 060 52' EAST,A DISTANCE OF 272.00 FEET; THENCE SOUTH 260 22' EAST,A DISTANCE OF 180.00 FEET; THENCE SOUTH 060 52' EAST, A DISTANCE OF 105.00 FEET; THENCE NORTH 88° 38' EAST, A DISTANCE OF 315.00 FEET; THENCE NORTH 10° 18' 20" WEST,'A DISTANCE OF 565,15 FEET TO A POINT ON THE SOUTHWESTERLY LINE OF THE PARCEL CONVEYED TO HORNER AND YEAGER AS Page 1 of 3 FXW IT "A" LEGAL DESCRIPTION Real property in the unincorporated area of the County of Riverside, State of California, described as follows: PARCEL 1: (PORTION OF APN 669-230-010-7 AND 669-230-011-8) THAT PORTION OF SECTION 29,TOWNSHIP 3 SOUTH, RANGE 4 EAST, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS; BEGINNING AT THE INTERSECTION OF THE WEST LINE OF SAID SECTION 29 WITH THE SOUTHWESTERLY LINE OF THE LAND DESCRIBED IN THE DEED TO THE STATE OF CALIFORNIA, RECORDED FEBRUARY 3, 1948 AS INSTRUMENT NUMBER 305 IN BOOK 891 PAGES 247 TO 249 OF OFFICIAL RECORDS OF SAID RIVERSIDE COUNTY; THENCE ALONG THE LINES OF THE LAND DESCRIBED IN SAID DEED TO THE STATE OF CALIFORNIA, SOUTH 54°34' EAST, 2084.69 FEET,AND SOUTH 35° 26' WEST, 200 FEET; THENCE CONTINUING ALONG THE LINES OF THE LAND DESCRIBED IN SAID DEED TO THE STATE OF CALIFORNIA, BEING A CURVE TO THE RIGHT WITH A RADIUS OF 9650 FEET THROUGH AN ANGLE OF 60 12', A DISTANCE OF 1044.23 FEET TO THE TRUE POINT OF BEGINNING OF THE LAND BEING HEREBY DESCRIBED; THENCE CONTINUING ALONG THE LINES OF THE LAND DESCRIBED IN SAID DEED TO THE STATE OF CALIFORNIA, NORTH 410 38' EAST, 200 FEET AND SOUTH 48° 22' EAST, 673.05 FEET; THENCE SOUTH 41-38' WEST, 330 FEET; THENCE NORTH 48° 22' WEST, 606.81 FEET; THENCE NORTH 140 38' EAST 145.90 FEETTO THE TRUE POINT OF BEGINNING. PARCEL 2: (PORTION OF APN 669-230-010-7 AND 669-230-011-8) THAT PORTION OF SECTION 29, TOWNSHIP 3 SOUTH, RANGE 4 EAST, SAN BERNARDINO BASE AND MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE WEST LINE OF SAID SECTION 29 WITH THE SOUTHWESTERLY LINE OF THAT CERTAIN PARCEL OF LAND CONVEYED TO THE STATE OF CALIFORNIA BY DEED RECORDED FEBRUARY 3, 1948 AS INSTRUMENT NUMBER 305 IN BOOK 891 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, AT PAGES 247 THROUGH 249 THEREOF; THENCE SOUTH 54° 34' EAST,A DISTANCE OF 2084.69 FEET; THENCE SOUTH 35° 26'WEST,A DISTANCE OF 200.00 FEET TO THE BEGINNING OF A CURVE, CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 9650.00 FEET, FROM WHICH THE CENTER OF SAID CURVE BEARS SOUTH 35° 26' EAST; THENCE SOUTHEASTERLY ALONG SAID CURVE,TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 060 12', AN ARC DISTANCE OF 1044.23 FEET TO THE END THEREOF, SAID POINT BEING AN ANGLE POINT IN THE WESTERLY LINE OF THAT CERTAIN PARCEL OF LAND CONVEYED TO DANA B. HORN AND JACQUES S. YEAGER BY INSTRUMENT NO. 86602, RECORDED OCTOBER 10, 1961, IN THE OFFICE OF THE RECORDER OF RIVERSIDE COUNTY, CALIFORNIA; THE LAST THREE COURSES AND DISTANCES FOLLOW ALONG THE BOUNDARY LINE OF THE PARCEL CONVEYED TO THE STATE OF CALIFORNIA AS AFORESAID;THENCE SOUTH 140 38'WEST ALONG THE WESTERLY LINE OF THE PARCEL CONVEYED TO HORN AND YEAGER AS AFORESAID, A DISTANCE OF 145.90 FEET TO THE MOST WESTERLY CORNER THEREOF, FOR THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 140 38' WEST A DISTANCE OF 276.10 FEET; THENCE SOUTH 060 52' EAST,A DISTANCE OF 272.00 FEET; THENCE SOUTH 260 22' EAST,A DISTANCE OF 180.00 FEET; THENCE SOUTH 060 52' EAST, A DISTANCE OF 105.00 FEET; THENCE NORTH 88° 38' EAST, A DISTANCE OF 315.00 FEET; THENCE NORTH 10° 18' 20" WEST,'A DISTANCE OF 565,15 FEET TO A POINT ON THE SOUTHWESTERLY LINE OF THE PARCEL CONVEYED TO HORNER AND YEAGER AS Page 1 of 3 AFORESAID;THENCE NORTH 480 22' WEST ALONG SAID SOUTHWESTERLY LINE, A DISTANCE OF 360.00 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 3: (PORTION OF APN 669-230-011-8) THAT PORTION OF SECTION 29,TOWNSHIP 3 SOUTH, RANGE 4 EAST, SAN BERNARDINO BASE AND MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE WEST LINE OF SAID SECTION 29 WITH THE SOUTHWESTERLY LINE OF THAT CERTAIN PARCEL OF LAND CONVEYED TO THE STATE OF CALIFORNIA BY DEED RECORDED FEBRUARY 3, 1948 AS INSTRUMENT NUMBER 305 IN BOOK 891 PAGES 247 THROUGH 249 YHEREOF OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; THENCE SOUTH 54° 34' EAST, A DISTANCE OF 2084.69 FEET; THENCE SOUTH 350 26' WEST,A DISTANCE OF 200.00 FEET TO THE BEGINNING OF A CURVE, CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 9650.00 FEET, FROM WHICH THE CENTER OF SAID CURVE BEARS SOUTH 350 26' WEST; THENCE SOUTHEASTERLY ALONG SAID CURVE,TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 060 12',AN ARC DISTANCE OF 1044.23 FEET TO THE END THEREOF, SAID POINT BEING AN ANGLE POINT IN THE WESTERLY LINE OF THAT CERTAIN PARCEL OF LAND CONVEYED TO DANA B. HORN AND JACQUES S. YEAGER, BY INSTRUMENT NO. 86602, RECORDED OCTOBER 10, 1961, IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY, CALIFORNIA; THE LAST THREE COURSES AND DISTANCES FOLLOW ALONG THE BOUNDARY LINE OF THE PARCEL CONVEYED TO THE STATE OF CALIFORNIA AS AFORESAID; THENCE SOUTH 140 38'WEST ALONG THE WESTERLY LINE OF THE PARCEL CONVEYED TO HORN AND YEAGER AS AFORESAID,A DISTANCE OF 145.90 FEET TO THE MOST WESTERLY CORNER THEREOF, SAID POINT BEING THE MOST BEING THE MOST NORTHERLY CORNER OF THAT CERTAIN PARCEL OF LAND CONVEYED TO DANA B. HORN AND JACQUES S.YEAGER BY INSTRUMENT NO. 3842, RECORDED JANUARY 15, 1962, IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY, CALIFORNIA; THENCE SOUTH 480 22' EAST ALONG THE SOUTHWESTERLY LINE OF THE PARCEL CONVEYED TO HORN AND YEAGER AS FIRST MENTIONED ABOVE,A DISTANCE OF 606.81 FEET TO THE MOST SOUTHERLY CORNER THEREOF; THENCE NORTH 410 38' EAST ALONG THE SOUTHEASTERLY LINE OF THE PARCEL SO CONVEYED,A DISTANCE OF 330.00 FEET TO THE MOST EASTERLY CORNER THEREOF; THENCE SOUTH 48° 22' EAST, A DISTANCE OF 239.00 FEET FOR THE TRUE POINT OF BEGINNING; THENCE NORTH 48° 22' WEST, A DISTANCE 239.00 FEET; THENCE SOUTH 410 38' WEST, A DISTANCE OF 330.00 FEET; THENCE NORTH 480 22'WEST,A DISTANCE OF 246.81 FEET TO AN ANGLE POINT IN THE BOUNDARY LINE OF SAID PARCEL CONVEYED TO HORN AND YEAGER BY INSTRUMENT NO. 3842, RECORDED JANUARY 15, 1962; THE LAST TWO COURSES AND DISTANCES FOLLOW THE BOUNDARY LINE OF SAID PARCEL CONVEYED TO HORN AND YEAGER BY DEED RECORDED AS INSTRUMENT NO. 86602, RECORDED OCTOBER 10, 1961; THENCE SOUTH 100 18' 20" EAST, A DISTANCE OF 565.15 FEET; THENCE SOUTH 88° 38' WEST,A DISTANCE OF 315.00 FEET TO THE MOST SOUTHERLY CORNER OF SAID PARCEL CONVEYED TO HORN AND YEAGER BY INSTRUMENT NO. 3842, RECORDED JANUARY 15, 1962; THE LAST TWO COURSES AND DISTANCES FOLLOW THE BOUNDARY LINE OF SAID PARCEL; Page 2 of 3 AFORESAID;THENCE NORTH 480 22' WEST ALONG SAID SOUTHWESTERLY LINE, A DISTANCE OF 360.00 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 3: (PORTION OF APN 669-230-011-8) THAT PORTION OF SECTION 29,TOWNSHIP 3 SOUTH, RANGE 4 EAST, SAN BERNARDINO BASE AND MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE WEST LINE OF SAID SECTION 29 WITH THE SOUTHWESTERLY LINE OF THAT CERTAIN PARCEL OF LAND CONVEYED TO THE STATE OF CALIFORNIA BY DEED RECORDED FEBRUARY 3, 1948 AS INSTRUMENT NUMBER 305 IN BOOK 891 PAGES 247 THROUGH 249 YHEREOF OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; THENCE SOUTH 54° 34' EAST, A DISTANCE OF 2084.69 FEET; THENCE SOUTH 350 26' WEST,A DISTANCE OF 200.00 FEET TO THE BEGINNING OF A CURVE, CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 9650.00 FEET, FROM WHICH THE CENTER OF SAID CURVE BEARS SOUTH 350 26' WEST; THENCE SOUTHEASTERLY ALONG SAID CURVE,TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 060 12',AN ARC DISTANCE OF 1044.23 FEET TO THE END THEREOF, SAID POINT BEING AN ANGLE POINT IN THE WESTERLY LINE OF THAT CERTAIN PARCEL OF LAND CONVEYED TO DANA B. HORN AND JACQUES S. YEAGER, BY INSTRUMENT NO. 86602, RECORDED OCTOBER 10, 1961, IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY, CALIFORNIA; THE LAST THREE COURSES AND DISTANCES FOLLOW ALONG THE BOUNDARY LINE OF THE PARCEL CONVEYED TO THE STATE OF CALIFORNIA AS AFORESAID; THENCE SOUTH 140 38'WEST ALONG THE WESTERLY LINE OF THE PARCEL CONVEYED TO HORN AND YEAGER AS AFORESAID,A DISTANCE OF 145.90 FEET TO THE MOST WESTERLY CORNER THEREOF, SAID POINT BEING THE MOST BEING THE MOST NORTHERLY CORNER OF THAT CERTAIN PARCEL OF LAND CONVEYED TO DANA B. HORN AND JACQUES S.YEAGER BY INSTRUMENT NO. 3842, RECORDED JANUARY 15, 1962, IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY, CALIFORNIA; THENCE SOUTH 480 22' EAST ALONG THE SOUTHWESTERLY LINE OF THE PARCEL CONVEYED TO HORN AND YEAGER AS FIRST MENTIONED ABOVE,A DISTANCE OF 606.81 FEET TO THE MOST SOUTHERLY CORNER THEREOF; THENCE NORTH 410 38' EAST ALONG THE SOUTHEASTERLY LINE OF THE PARCEL SO CONVEYED,A DISTANCE OF 330.00 FEET TO THE MOST EASTERLY CORNER THEREOF; THENCE SOUTH 48° 22' EAST, A DISTANCE OF 239.00 FEET FOR THE TRUE POINT OF BEGINNING; THENCE NORTH 48° 22' WEST, A DISTANCE 239.00 FEET; THENCE SOUTH 410 38' WEST, A DISTANCE OF 330.00 FEET; THENCE NORTH 480 22'WEST,A DISTANCE OF 246.81 FEET TO AN ANGLE POINT IN THE BOUNDARY LINE OF SAID PARCEL CONVEYED TO HORN AND YEAGER BY INSTRUMENT NO. 3842, RECORDED JANUARY 15, 1962; THE LAST TWO COURSES AND DISTANCES FOLLOW THE BOUNDARY LINE OF SAID PARCEL CONVEYED TO HORN AND YEAGER BY DEED RECORDED AS INSTRUMENT NO. 86602, RECORDED OCTOBER 10, 1961; THENCE SOUTH 100 18' 20" EAST, A DISTANCE OF 565.15 FEET; THENCE SOUTH 88° 38' WEST,A DISTANCE OF 315.00 FEET TO THE MOST SOUTHERLY CORNER OF SAID PARCEL CONVEYED TO HORN AND YEAGER BY INSTRUMENT NO. 3842, RECORDED JANUARY 15, 1962; THE LAST TWO COURSES AND DISTANCES FOLLOW THE BOUNDARY LINE OF SAID PARCEL; Page 2 of 3 THENCE SOUTH 060 52' EAST, A DISTANCE OF 292 FEET, MORE OR LESS, TO A POINT ON THE SOUTH LINE OF SAID SECTION 29; THENCE EAST ALONG SAID SOUTH LINE,A DISTANCE OF 70.26 FEET, MORE OF LESS, TO A POINT THEREON, FROM WHICH THE TRUE POINT OF BEGINNING BEARS NORTH 41° 38' EAST, A DISTANCE OF 1040.05 FEET; THENCE NORTH 410 38' EAST, A DISTANCE OF 1040.05 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING. APN: 669-230-010-7 and 669-230-011-8 Page 3 of 3 First American 323 W Court St, San Bernardino CA 92401 3 oz Y�VIIrYV0NI 1VIIIIIII3 8 8IVV 6�IIIIII�III9 �5 Transmittal 5/8/2013 r1�`r ok%0 R DF PN�M SPRINGS Order No:4310642 City Manager The City of Palm Springs 3200 E Tahquitz Canyon Way Palm Springs CA 92262 Aopnn.,rcn py CITY CCU ,CIb�\� Enclosed please find 2 attached documents. First American Title Company Page Count 11 4W .1 SIX*1 wA.1At WE, Form No. 1402.06 Policy Page I ALTA Owner's Policy(6-17-06) Policy Number: 4310642 1100302P050600 OWNER'S POLICY OF TITLE INSURANCE ISSUED BY First American Title Insurance Company Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be t pi given to the Company at the address shown in Section 18 of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS police power not covered by Covered Risk 5 If a notice of the FROM COVERAGE CONTAINED IN SCHEDULE B AND THE enforcement action,describing any part of the Land, is recorded CONDITIONS, FIRST AMERICAN TITLE INSURANCE COMPANY, a in the Public Records, but only to the extent of the enforcement California corporation (the 'Company") insures, as of Date of Policy referred to in that notice. and, to the extent stated in Covered Risks 9 and 10, after Date of 7. The exercise of the rights of eminent domain if a notice of the Policy, against loss or damage, not exceeding the Amount of exercise, describing any part of the Land, Is recorded in th e Insurance,sustained m incurred by the Insured by mason of: Public Records. 1. Title being vested other than as stated in Schedule A. B. Any taking by a governmental body that has occurred and is 2. Any defect in or lien or encumbrance on the Tide. This Covered binding on the rights of a purchaser for value without Knowledge. Risk includes but is not limited to insurance against loss from 9. Title being vested other than as stated in Schedule A or being (a) A defect in the Title caused by defective (1) forgery, fraud, undue influence, duress, incompetency, (a) as a result of the avoidance in whole or in part, or from a incapacity,a Impersonation; court order providing an alternative remedy, of a transfer of I failure of any person or Entity to have authorized a all or any part of the title to or any interest In the Land transfer�conveyance; occurring prior to the transaction vesting Title as shown in (III) a document affecting Title not properly created, Schedule A because that prior transfer constituted a executed,witnessed,sealed,acknowledged,notarized,or fraudulent or preferential transfer under federal bankruptcy, delivered; state Insolvency,or similar creditors'rights laws;or (iv) failure to perform those acts necessary to create a (b) because the instrument of transfer vesting Title as shown in document by electronic means authorized by law; Schedule A constitutes a preferential transfer under federal (v) a document executed under a falsified, expired, or bankruptcy, state Insolvency, or similar creditors'rights laws otherwise Invalid power of attorney; by reason of the failure of its recording in the Public Records (vi) a document not properly filed, recorded, a indexed in (1) to be timely,or Ik Ito impart notice of Its existence to a purchaser for value the Public Records including failure to perform those acts by electronic means authorized by law; or m to a judgment or lien creditor. (vil)a defective judicial or administrative proceeding. 10. Any defect in or lien or encumbrance on the Tide a other matter (b) The lien of real estate taxes or assessments imposed on the included In Covered Risks 1 through 9 that has been created u Title by a governmental authority due or payable,but unpaid. attached or has been filed m recorded in the Public Records (c) Any encroachment, encumbrance, violation, variation, or subsequent to Date of Policy and prior to the recording of the adverse circumstance affecting the Title that would be deed or other instrument of transfer in the Public Records that disclosed by an accurate and complete land survey of the vests Title as shown in Schedule A. Land. The term "encroachment' includes encroachments of existing improvements located on the Land onto adjoining The Company will also pay the costs, attorneys' fees, and expenses land, and encroachments onto the Land of existing incurred In defense of any matter insured against by this policy, but improvements located on adjoining land. only to the extent provided In the Conditions. 13. Unmarketable Title. 4. No right of access to and from the Land. llx a American 21 linvuante Company 5. The violation a enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning)restricting,regulating,prohibiting,a relating to (a) the occupancy,use,or enjoyment of the Land; • (b) the character, dimensions, or location of any improvement erected on the Land; (c) the subdivision of land; or (d) environmental protection if a notice, describing any part of the Land, Is recorded in the Public Records setting forth the violation w Intention to enforce, but only to the extent of the violation or enforcement referred to in tInzit notice. 6. An enforcement action based on the exercise of a governmental Y. filly Form No. 1402.06 Policy Page 2 ALTA Owner's Policy(6-17-06) Policy Number:4310642 EXCLUSIONS FROM COVERAGE (ii) With regard to (A), (B), (C), and (D) reserving, however, all rights The following matters are expressly excluded from the coverage of this policy,and and defenses as to any successor that the Company would have had the Company will not pay loss or damage,costs,attorneys'fees,or expenses that against any predecessor Insured. arise by reason of: (e) "Insured Claimant":An Insured claiming loss or damage. 1. (a) Any law,ordinance, permit, or governmental regulation (including those (f) "Knowledge" or "Known": Actual knowledge, not constructive knowledge relating to building and zoning) restricting, regulating, prohibiting, or or notice that may be imputed to an Insured by reason of the Public relating to Records or any other records that impart constructive notice of matters (i) the occupancy,use,or enjoyment of the Land; affecting the Title. (ii)the character,dimensions,or location of any improvement erected on (g) "Land":The land described in Schedule A, and affixed improvements that the Land; by law constitute real property. The term "Land" does not include any (III) the subdivision of land;or property beyond the lines of the area described in Schedule A, nor any (iv) environmental protection; right, title, interest, estate, or easement in abutting streets, roads, or the effect of any violation of these laws, ordinances, or governmental avenues, alleys, lanes, ways, or waterways, but this does not modify or regulations.This Exclusion 1(a)does not modify or limit the coverage provided limit the extent that a right of access to and from the Land is insured by under Covered Risk S. this policy. (b) Any governmental police power. This Exclusion 1(b) does not modify or (h) "Mortgage": Mortgage, deed of trust, trust deed, or other security limit the coverage provided under Covered Risk 6. instrument, including one evidenced by electronic means authorized by 2. Rights of eminent domain. This Exclusion does not modify or limit the law. coverage provided under Covered Risk 7 or 8. (1) "Public Records": Records established under state statutes at Date of 3. Defects, liens,encumbrances,adverse claims,or other matters Policy for the purpose of imparting constructive notice of matters relating (a) created,suffered,assumed,or agreed to by the Insured Claimant; to real property to purchasers for value and without Knowledge. with (b) not Known to the Company,not recorded in the Public Records at Date of respect to Covered Risk 5(d), "Public Records" shall also include Policy,but Known to the Insured Claimant and not disclosed in writing to environmental protection liens Flied in the records of the clerk of the the Company by the Insured Claimant prior to the date the Insured United States District Court for the district where the Land is located. Claimant became an Insured under this policy; (j) 'Title":The estate or interest described in Schedule A. (c) resulting in no loss or damage to the Insured Claimant; (k) "Unmarketable Title":Title affected by an alleged or apparent matter that (d) attaching or created subsequent to Date of Policy(however,this does not would permit a prospective purchaser or lessee of the Title or lender on modify or limit the coverage provided under Covered Risks 9 and 10);or the Title to be released from the obligation to purchase, lease,or lend if (e) resulting in loss or damage that would not have been sustained if the there is a contractual condition requiring the delivery of marketable title. Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy,state insolvency, 2. CONTINUATION OF INSURANCE or similar creditors'rights laws,that the transaction vesting the TMe as shown The coverage of this policy shall continue in force as of Date of Policy in favor in Schedule A,is of an Insured, but only so long as the Insured retains an estate or interest in the (a) a fraudulent conveyance or fraudulent transfer;or Land, or holds an obligation secured by a purchase money Mortgage given by a (b) a preferential transfer for any reason not stated in Covered Risk 9 of this purchaser from the Insured, or only so long as the Insured shall have liability by polity. reason of warranties in any transfer or conveyance of the Title.This policy shall not S. Any lien on the Title for real estate taxes or assessments imposed by continue in force in favor of any purchaser from the Insured of either(i)an estate governmental authority and created or attaching between Date of Policy and or interest in the Land,or(ii)an obligation secured by a purchase money Mortgage the date of recording of the deed or other instrument of transfer in the Public given to the Insured. Records that vests Title as shown in Schedule A. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT CONDITIONS The Insured shall noti fy the Company promptly in writing (i) in case of any ofn 1. DEFINITION OF TERMS litigation as set forth in Section 5(a) of these Conditions, (ii) in case Knowledge The following terms when used in this policy mean: shall come to an Insured hereunder of any claim of title or interest that is adverse (a) "Amount of Insurance": The amount stated in Schedule A, as may be to the Title, as insured, and that might cause kiss or damage for which the increased or decreased by endorsement to this policy, increased by Company may be liable by virtue of this policy, or (III) if the Title, as Insured, is Section 8(b),or decreased by Sections 10 and 11 of these Conditions. rejected as Unmarketable Title. If the Company is prejudiced by the failure of the (b) "Date of Policy":The date designated as"Date of Policy"in Schedule A. Insured Claimant to provide prompt notice,the Company's liability to the Insured (c) "Entity": A corporation, partnership, trust, limited liability company, or Claimant under the policy shall be reduced to the extent of the prejudice. other similar legal entity. (d) 'Insured":The Insured named in Schedule A. 4. PROOF OF LOSS (i) The term"Insured"also includes In the event the Company is unable to determine the amount of loss or (A) successors to the Tile of the Insured by operation of law as damage, the Company may, at its option, require as a condition of payment that distinguished from purchase,including heirs,devisees,survivors, the Insured Claimant furnish a signed proof of loss.The proof of loss must describe personal representatives,or next of kin; the defect, lien, encumbrance,or other matter insured against by this policy that (B) successors to an Insured by dissolution, merger, consolidation, constitutes the basis of loss or damage and shall state,to the extent possible,the distribution,or reorganization; basis of calculating the amount of the loss or damage. (C) successors to an Insured by Its conversion to another kind of Entity; S. DEFENSE AND PROSECUTION OF ACTIONS (D) a grantee of an Insured under a deed delivered without (a) Upon written request by the Insured,and subject to the options contained payment of actual valuable consideration conveying the Title in Section 7 of these Conditions,the Company,at its own cost and without (1) if the stock,shares,memberships,or other equity interests unreasonable delay, shall provide for the defense of an Insured in of the grantee are wholly-owned by the named Insured, litigation in which any third party asserts a claim covered by this policy (2) if the grantee wholly owns the named Insured, adverse to the Insured. This obligation is limited to only those stated (3) if the grantee is wholly-owned by an affiliated Entity of the causes of action alleging matters insured against by this policy. The named Insured, provided the affiliated Entity and the Company shall have the right to select counsel of its choice(subject to the named Insured are both whollygwned by the same person right of the Insured to object for reasonable cause) to represent the or Entity,or Insured as to those stated causes of action. It shall not be liable for and (4) if the grantee is a trustee or beneficiary of a trust created will not pay the fees of any other counsel,The Company will not pay any by a written instrument established by the Insured named fees, costs,or expenses incurred by the Insured in the defense of those in Schedule A for estate planning purposes. causes of action that allege matters not insured against by this policy. (b) The Company shall have the right,in addition to the options contained in First American TRIe Insurance Company Form No. 1402.06 Policy Page 3 ALTA Owner's Policy(6-17-06) Policy Number:4310642 Section 7 of these Conditions,at its own cost, to institute and prosecute attomeys'fees,and expenses incurred by the Insured Claimant that were any action or proceeding or to do any other act that in its opinion may be authorized by the Company up to the time of payment and that the necessary or desirable to establish the Title, as insured,or to prevent or Company is obligated to pay. reduce loss or damage to the Insured. The Company may take any Upon the exercise by the Company of either of the options provided for in appropriate action under the terms of this policy, whether or not it shall subsections(b)(i)or (ii),the Company's obligations to the Insured under this be liable to the Insured. The exercise of these rights shall not be an policy for the claimed loss or damage,other than the payments required to be admission of liability or waiver of any provision of this policy. If the made,shall terminate,including any liability or obligation to defend,prosecute, Company exercises its rights under this subsection, it must do so or continue any litigation. diligently. (c) Whenever the Company brings an action or asserts a defense as required B. DETERMINATION AND EXTENT OF LIABILITY or permitted by this policy, the Company may pursue the litigation to a This policy is a contract of Indemnity against actual monetary loss or damage final determination by a court of competent jurisdiction, and it expressly sustained or incurred by the Insured Claimant who has suffered loss or damage by reserves the right, in its sole discretion,to appeal any adverse judgment reason of matters insured against by this policy. or order. (a) The extent of liability of the Company for loss or damage under this policy shall not exceed the lesser of 6. DUTY OF INSURED CLAIMANT TO COOPERATE (i) the Amount of Insurance;or (a) In all cases where this policy permits or requires the Company to (ii) the difference between the value of the Title as insured and the value prosecute or provide for the defense of any action or proceeding and any of the Title subject to the risk insured against by this policy. appeals, the Insured shall secure to the Company the right to so (b) If the Company pursues its rights under Section 5 of these Conditions and prosecute or provide defense in the action or proceeding, including the is unsuccessful in establishing the Title,as insured, right to use, at its option, the name of the Insured for this purpose, (i) the Amount of Insurance shall be increased by 10%,and Whenever requested by the Company, the Insured, at the Company's (ii) the Insured Claimant shall have the right to have the loss or damage expense, shall give the Company all reasonable aid (1) in securing determined either as of the date the claim was made by the Insured evidence, obtaining witnesses, proseating or defending the action or Claimant or as of the date it is settled and paid. proceeding,or effecting settlement,and(ii)in any other lawful act that in (c) In addition to the extent of liability under (a)and(b), the Company will the opinion of the Company may be necessary or desirable to establish also pay those costs,attorneys'fees,and expenses incurred in accordance the Title or any other matter as insured.If the Company is prejudiced by with Sections 5 and 7 of these Conditions. the failure of the Insured to furnish the required cooperation, the Company's obligations to the Insured under the policy shall terminate, 9. LIMITATION OF LIABILITY including any liability or obligation to defend,prosecute,or continue any (a) If the Company establishes the Title, or removes the alleged defect, lien, litigation, with regard to the matter or matters requiring such or encumbrance, or cures the lack of a right of access to or from the cooperation. Land, or cures the claim of Unmarketable Title, all as insured, in a (b) The Company may reasonably require the Insured Claimant to submit to reasonably diligent manner by any method, including litigation and the examination under oath by any authorized representative of the Company completion of any appeals, it shall have fully e coed its obligations and to produce for examination, inspection, and copying, at such with respect to that matter and shall not be liable for any loss or damage reasonable times and places as may be designated by the authorized caused to the Insured. representative of the Company, all records, in whatever medium (b) In the event of any litigation, including litigation by the Company or with maintained, including books, ledgers, checks, memoranda, the Company's consent, the Company shall have no liability for loss or correspondence, reports, e-mails, disks, tapes, and videos whether damage until there has been a final determination by a court of bearing a date before or after Date of Policy, that reasonably pertain to competent jurisdiction,and disposition the loss or damage. Further, if requested by any authorized as insured. Pce of all appeals,adverse to the Title, representative of the Company, the Insured Claimant shall grant its (c) The Company shall not be liable for loss or damage to the Insured for permission, in writing,for any authorized representative of the Company liability voluntarily assumed by the Insured in settling any claim or suit to examine, inspect, and copy all of these records in the custody or without the prior written consent of the Company. control of a third party that reasonably pertain to the loss or damage.All information designated as confidential by the Insured Claimant provided 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF to the Company pursuant to this Section shall not be disclosed to others LIABILITY unless,in the reasonable judgment of the Company,it is necessary in the All payments under this policy, except payments made for costs, attomeys administration of the claim.Failure of the Insured Claimant to submit for fees, and expenses, shall reduce the Amount of Insurance by the amount of the examination under oath, produce any reasonably requested information, payment. or grant permission to secure reasonably necessary information from third parties as required in this subsection, unless prohibited by law or 11. LIABILITY NONCUMULATIVE governmental regulation, shall terminate any liability of the Company The Amount of Insurance shall be reduced by any amount the Company pays under this policy as to that claim. under any policy insuring a Mortgage to which exception is taken in Schedule B or to which the Insured has agreed,assumed,or taken subject,or which is executed 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION by an Insured after Date of Policy and which is a charge or lien on the Title, and OF LIABILITY the amount so paid shall be deemed a payment to the Insured under this policy. In rase of a claim under this policy, the Company shall have the following additional options: 12. PAYMENT OF LOSS (a) To Pay or Terrier Payment of the Amount of Insurance. When liability and the extent of loss or damage have been definitely fixed in To pay or tender payment of the Amount of Insurance under this policy accordance with these Conditions,the payment shall be made within 30 days. together with any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT payment or tender of payment and that the Company is obligated to pay. (a) Whenever the Company shall have settled and paid a claim under this Upon the exercise by the Company of this option, all liability and policy, it shall be subrogated and entitled to the rights of the Insured obligations of the Company to the Insured under this policy,other than to Claimant in the Tide and all other rights and remedies in respect to the make the payment required in this subsection, shall terminate, including claim that the Insured Claimant has against any person or property,to the any liability or obligation to defend,prosecute,or continue any litigation. extent of the amount of any loss, costs, attorneys' fees, and expenses (b) To Pay or Otherwise Settle With Parties Other Than the Insured or With paid by the Company.If requested by the Company,the Insured Claimant the Insured Claimant. shall execute documents to evidence the transfer to the Company of these (i) To pay or otherwise settle with other parties for or in the name of an rights and remedies. The Insured Claimant shall permit the Company to Insured Claimant any claim insured against under this policy. In sue, compromise, or settle in the name of the Insured Claimant and to addition, the Company will pay any costs, attorneys' fees, and use the name of the Insured Claimant in any transaction or litigation expenses incurred by the Insured Claimant that were authorized by involving these rights and remedies. the Company up to the time of payment and that the Company is If a payment on account of a claim does not fully cover the loss of the obligated to pay;or Insured Claimant, the Company shall defer the exercise of its right to (u) To pay or otherwise settle with the Insured Claimant the loss or recover until after the Insured Claimant shall have recovered its loss. damage provided for under this policy, together with any costs, First American Title Insurance Company Form No. 1402.06 Policy Page 4 ALTA Owner's Policy(6-17-06) Policy Number:4310642 (b) The Company's right of subrogation includes the rights of the Insured to (d) Each endorsement to this policy issued at any time is made a part of this indemnities, guaranties, other policies of insurance, or bonds, policy and is subject to all of its terms and provisions. Except as the notwithstanding any terms or conditions contained in those instruments endorsement expressly states,it does not(i)modify any of the terms and that address subrogation rights. provisions of the policy,(ii)modify any prior endorsement,(III)extend the Date of Policy,or(iv)increase the Amount of Insurance. 14. ARBITRATION Either the Company or the Insured may demand that the claim or controversy 16. SEVERABILITY shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of In the event any provision of this policy, in whole or in part, is held invalid or the American Land Title Association ("Rules'). Except as provided In the Rules, unenforceable under applicable law,the policy shall be deemed not to include that there shall be no joinder or consolidation with claims or controversies of other provision or such part held to be invalid,but all other provisions shall remain in full persons.Arbitrable matters may include,but are not limited to,any controversy or force and effect. claim between the Company and the Insured arising out of or relating to this policy, any service in connection with its issuance or the breach of a policy 17. CHOICE OF LAW;FORUM provision,or to any other controversy or claim arising out of the transaction giving (a) Choice of Law:The Insured acknowledges the Company has underwritten rise to this policy. All arbitrable matters when the Amount of Insurance is the risks covered by this policy and determined the premium charged $2,000,000 or less shall be arbitrated at the option of either the Company or the therefore in reliance upon the law affecting interests in real property and Insured. All arbitrable matters when the Amount of Insurance is in excess of applicable to the interpretation, rights, remedies, or enforcement of $2,000,000 shall be arbitrated only when agreed to by both the Company and the policies of title insurance of the jurisdiction where the Land is located. Insured. Arbitration pursuant to this policy and under the Rules shall be binding Therefore,the court or an arbitrator shall apply the law of the jurisdiction upon the parties.Judgment upon the award rendered by the Arbitrator(s)may be where the Land is located to determine the validity of claims against the entered in any court of competent jurisdiction. Title that are adverse to the Insured and to interpret and enforce the terms of this policy. In neither case shall the court or arbitrator apply its 15. LIABILITY LIMITED TO THIS POLICY;POLICY ENTIRE CONTRACT conflicts of law principles to determine the applicable law. (a) This policy together with all endorsements, if any, attached to it by the (b) Choice of Forum: Any litigation or other proceeding brought by the Company is the entire policy and contract between the Insured and the Insured against the Company must be filed only in a state or federal court Company. In interpreting any provision of this policy,this policy shall be within the United States of America or its territories having appropriate construed as a whole. jurisdiction. (b) Any claim of loss or damage that arises out of the status of the Title or by any action asserting such claim shall be restricted to this policy. 18. NOTICES,WHERE SENT (c) Any amendment of or endorsement to this policy must be in writing and Any notice of claim and any other notice or statement in writing required to be authenticated by an authorized person, or expressly incorporated by given to the Company under this policy must be given to the Company at 1 First Schedule A of this policy. American Way,Santa Ana,CA 92707,Atlr:Claims Department, POLICY OF TITLE INSURANCE S j A M C yt 7 4 C First American Title Insurance Company Form No. 1402.06 Policy Page 5 ALTA Owner's Policy(6-17-06) Policy Number:4310642 SCHEDULE A First American Title Insurance Company Name and Address of Title Insurance Company: First American Title Insurance Company 1 First American Way Santa Ana, CA 92707 File No.: 0625-4310642 Policy No.: 4310642 Address Reference: Vacant Land, Riverside, CA Amount of Insurance: $135,000.00 Premium: $626.00 Date of Policy: April 10, 2013 at 4:02 P.M. 1. Name of Insured: The City of Palm Springs, a California municipal corporation and Charter City 2. The estate or interest in the Land that is insured by this policy is: Fee simple 3. Title is vested in: The City of Palm Springs, a California municipal corporation and Charter City 4. The Land referred to in this policy is described as follows: Real property in the unincorporated area of the County of Riverside, State of California, described as follows: PARCEL 1: (PORTION OF APN 669-230-010-7 AND 669-230-011-8) THAT PORTION OF SECTION 29,TOWNSHIP 3 SOUTH, RANGE 4 EAST, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS; BEGINNING AT THE INTERSECTION OF THE WEST LINE OF SAID SECTION 29 WITH THE SOUTHWESTERLY LINE OF THE LAND DESCRIBED IN THE DEED TO THE STATE OF CALIFORNIA, RECORDED FEBRUARY 3, 1948 AS INSTRUMENT NUMBER 305 IN BOOK 891 PAGES 247 TO 249 OF OFFICIAL RECORDS OF SAID RIVERSIDE COUNTY; THENCE ALONG THE LINES OF THE LAND DESCRIBED IN SAID DEED TO THE STATE OF CALIFORNIA, SOUTH 540 34' EAST, 2084.69 FEET, AND SOUTH 350 26' WEST, 200 FEET; THENCE CONTINUING ALONG THE LINES OF THE LAND DESCRIBED IN SAID DEED TO THE STATE OF CALIFORNIA, BEING A CURVE TO THE RIGHT WITH A RADIUS OF 9650 FEET THROUGH AN ANGLE OF 60 12', A DISTANCE OF 1044.23 FEET TO THE TRUE POINT OF BEGINNING OF THE LAND BEING HEREBY DESCRIBED; THENCE CONTINUING ALONG THE LINES OF THE LAND DESCRIBED IN SAID DEED TO THE STATE OF CALIFORNIA, NORTH 41° 38' EAST, 200 FEET AND SOUTH 480 22' EAST, 673.05 FEET; THENCE SOUTH 410 38' WEST, 330 FEET; THENCE NORTH 480 22' WEST, 606.81 FEET; THENCE NORTH 140 38' EAST 145.90 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 2: (PORTION OF APN 669-230-010-7 AND 669-230-011-8) First American Title Insurance Company Form No. 1402.06 Policy Page 6 ALTA Owner's Policy(6-17-06) Policy Number:4310642 THAT PORTION OF SECTION 29, TOWNSHIP 3 SOUTH, RANGE 4 EAST, SAN BERNARDINO BASE AND MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE WEST LINE OF SAID SECTION 29 WITH THE SOUTHWESTERLY LINE OF THAT CERTAIN PARCEL OF LAND CONVEYED TO THE STATE OF CALIFORNIA BY DEED RECORDED FEBRUARY 3, 1948 AS INSTRUMENT NUMBER 305 IN BOOK 891 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, AT PAGES 247 THROUGH 249 THEREOF; THENCE SOUTH 54° 34' EAST, A DISTANCE OF 2084.69 FEET; THENCE SOUTH 351 26' WEST, A DISTANCE OF 200.00 FEET TO THE BEGINNING OF A CURVE, CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 9650.00 FEET, FROM WHICH THE CENTER OF SAID CURVE BEARS SOUTH 351 26' EAST; THENCE SOUTHEASTERLY ALONG SAID CURVE, TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 060 12% AN ARC DISTANCE OF 1044.23 FEET TO THE END THEREOF, SAID POINT BEING AN ANGLE POINT IN THE WESTERLY LINE OF THAT CERTAIN PARCEL OF LAND CONVEYED TO DANA B. HORN AND JACQUES S. YEAGER BY INSTRUMENT NO. 86602, RECORDED OCTOBER 10, 1961, IN THE OFFICE OF THE RECORDER OF RIVERSIDE COUNTY, CALIFORNIA; THE LAST THREE COURSES AND DISTANCES FOLLOW ALONG THE BOUNDARY LINE OF THE PARCEL CONVEYED TO THE STATE OF CALIFORNIA AS AFORESAID;THENCE SOUTH 141 38' WEST ALONG THE WESTERLY LINE OF THE PARCEL CONVEYED TO HORN AND YEAGER AS AFORESAID, A DISTANCE OF 145.90 FEET TO THE MOST WESTERLY CORNER THEREOF, FOR THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 140 38' WEST A DISTANCE OF 276.10 FEET; THENCE SOUTH 06° 52' EAST, A DISTANCE OF 272.00 FEET; THENCE SOUTH 26° 22' EAST, A DISTANCE OF 180.00 FEET; THENCE SOUTH 060 52' EAST, A DISTANCE OF 105.00 FEET; THENCE NORTH 88° 38' EAST, A DISTANCE OF 315.00 FEET; THENCE NORTH 100 18' 20" WEST, A DISTANCE OF 565.15 FEET TO A POINT ON THE SOUTHWESTERLY LINE OF THE PARCEL CONVEYED TO HORNER AND YEAGER AS AFORESAID; THENCE NORTH 480 22' WEST ALONG SAID SOUTHWESTERLY LINE, A DISTANCE OF 360.00 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 3: (PORTION OF APN 669-230-011-8) THAT PORTION OF SECTION 29, TOWNSHIP 3 SOUTH, RANGE 4 EAST, SAN BERNARDINO BASE AND MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE WEST LINE OF SAID SECTION 29 WITH THE SOUTHWESTERLY LINE OF THAT CERTAIN PARCEL OF LAND CONVEYED TO THE STATE OF CALIFORNIA BY DEED RECORDED FEBRUARY 3, 1948 AS INSTRUMENT NUMBER 305 IN BOOK 891 PAGES 247 THROUGH 249 THEREOF OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; THENCE SOUTH 540 34' EAST, A DISTANCE OF 2084.69 FEET; THENCE SOUTH 350 26' WEST, A DISTANCE OF 200.00 FEET TO THE BEGINNING OF A CURVE, CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 9650.00 FEET, FROM WHICH THE CENTER OF SAID CURVE BEARS SOUTH 350 26' WEST; THENCE SOUTHEASTERLY ALONG SAID CURVE, TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 060 12', AN ARC DISTANCE OF 1044.23 FEET TO THE END THEREOF, SAID POINT BEING AN ANGLE POINT IN THE WESTERLY LINE OF THAT CERTAIN PARCEL OF LAND CONVEYED TO DANA B. HORN AND JACQUES S. YEAGER, BY INSTRUMENT NO. 86602, RECORDED OCTOBER 10, 1961, IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY, CALIFORNIA; THE LAST THREE COURSES AND DISTANCES FOLLOW ALONG THE BOUNDARY LINE OF THE PARCEL CONVEYED TO THE STATE OF CALIFORNIA AS AFORESAID; THENCE SOUTH 140 38' WEST ALONG THE WESTERLY LINE OF THE PARCEL CONVEYED TO HORN AND YEAGER AS AFORESAID, A DISTANCE OF 145.90 FEET TO THE MOST WESTERLY CORNER THEREOF, SAID POINT BEING THE MOST BEING THE MOST NORTHERLY CORNER OF THAT CERTAIN PARCEL OF LAND CONVEYED TO DANA B. HORN AND JACQUES S.YEAGER BY INSTRUMENT NO. 3842, RECORDED JANUARY 15, 1962, IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY, CALIFORNIA; THENCE SOUTH 480 22' EAST ALONG THE SOUTHWESTERLY LINE OF THE PARCEL CONVEYED TO HORN AND YEAGER AS FIRST MENTIONED ABOVE, A DISTANCE OF 606.81 FEET TO THE First American Title Insurance Company Form No. 1402.06 Policy Page 6 ALTA Owner's Policy(6-17-06) Policy Number:4310642 THAT PORTION OF SECTION 29, TOWNSHIP 3 SOUTH, RANGE 4 EAST, SAN BERNARDINO BASE AND MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE WEST LINE OF SAID SECTION 29 WITH THE SOUTHWESTERLY LINE OF THAT CERTAIN PARCEL OF LAND CONVEYED TO THE STATE OF CALIFORNIA BY DEED RECORDED FEBRUARY 3, 1948 AS INSTRUMENT NUMBER 305 IN BOOK 891 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, AT PAGES 247 THROUGH 249 THEREOF; THENCE SOUTH 54° 34' EAST, A DISTANCE OF 2084.69 FEET; THENCE SOUTH 351 26' WEST, A DISTANCE OF 200.00 FEET TO THE BEGINNING OF A CURVE, CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 9650.00 FEET, FROM WHICH THE CENTER OF SAID CURVE BEARS SOUTH 351 26' EAST; THENCE SOUTHEASTERLY ALONG SAID CURVE, TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 060 12% AN ARC DISTANCE OF 1044.23 FEET TO THE END THEREOF, SAID POINT BEING AN ANGLE POINT IN THE WESTERLY LINE OF THAT CERTAIN PARCEL OF LAND CONVEYED TO DANA B. HORN AND JACQUES S. YEAGER BY INSTRUMENT NO. 86602, RECORDED OCTOBER 10, 1961, IN THE OFFICE OF THE RECORDER OF RIVERSIDE COUNTY, CALIFORNIA; THE LAST THREE COURSES AND DISTANCES FOLLOW ALONG THE BOUNDARY LINE OF THE PARCEL CONVEYED TO THE STATE OF CALIFORNIA AS AFORESAID;THENCE SOUTH 141 38' WEST ALONG THE WESTERLY LINE OF THE PARCEL CONVEYED TO HORN AND YEAGER AS AFORESAID, A DISTANCE OF 145.90 FEET TO THE MOST WESTERLY CORNER THEREOF, FOR THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 140 38' WEST A DISTANCE OF 276.10 FEET; THENCE SOUTH 06° 52' EAST, A DISTANCE OF 272.00 FEET; THENCE SOUTH 26° 22' EAST, A DISTANCE OF 180.00 FEET; THENCE SOUTH 060 52' EAST, A DISTANCE OF 105.00 FEET; THENCE NORTH 88° 38' EAST, A DISTANCE OF 315.00 FEET; THENCE NORTH 100 18' 20" WEST, A DISTANCE OF 565.15 FEET TO A POINT ON THE SOUTHWESTERLY LINE OF THE PARCEL CONVEYED TO HORNER AND YEAGER AS AFORESAID; THENCE NORTH 480 22' WEST ALONG SAID SOUTHWESTERLY LINE, A DISTANCE OF 360.00 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 3: (PORTION OF APN 669-230-011-8) THAT PORTION OF SECTION 29, TOWNSHIP 3 SOUTH, RANGE 4 EAST, SAN BERNARDINO BASE AND MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE WEST LINE OF SAID SECTION 29 WITH THE SOUTHWESTERLY LINE OF THAT CERTAIN PARCEL OF LAND CONVEYED TO THE STATE OF CALIFORNIA BY DEED RECORDED FEBRUARY 3, 1948 AS INSTRUMENT NUMBER 305 IN BOOK 891 PAGES 247 THROUGH 249 THEREOF OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; THENCE SOUTH 540 34' EAST, A DISTANCE OF 2084.69 FEET; THENCE SOUTH 350 26' WEST, A DISTANCE OF 200.00 FEET TO THE BEGINNING OF A CURVE, CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 9650.00 FEET, FROM WHICH THE CENTER OF SAID CURVE BEARS SOUTH 350 26' WEST; THENCE SOUTHEASTERLY ALONG SAID CURVE, TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 060 12', AN ARC DISTANCE OF 1044.23 FEET TO THE END THEREOF, SAID POINT BEING AN ANGLE POINT IN THE WESTERLY LINE OF THAT CERTAIN PARCEL OF LAND CONVEYED TO DANA B. HORN AND JACQUES S. YEAGER, BY INSTRUMENT NO. 86602, RECORDED OCTOBER 10, 1961, IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY, CALIFORNIA; THE LAST THREE COURSES AND DISTANCES FOLLOW ALONG THE BOUNDARY LINE OF THE PARCEL CONVEYED TO THE STATE OF CALIFORNIA AS AFORESAID; THENCE SOUTH 140 38' WEST ALONG THE WESTERLY LINE OF THE PARCEL CONVEYED TO HORN AND YEAGER AS AFORESAID, A DISTANCE OF 145.90 FEET TO THE MOST WESTERLY CORNER THEREOF, SAID POINT BEING THE MOST BEING THE MOST NORTHERLY CORNER OF THAT CERTAIN PARCEL OF LAND CONVEYED TO DANA B. HORN AND JACQUES S.YEAGER BY INSTRUMENT NO. 3842, RECORDED JANUARY 15, 1962, IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY, CALIFORNIA; THENCE SOUTH 480 22' EAST ALONG THE SOUTHWESTERLY LINE OF THE PARCEL CONVEYED TO HORN AND YEAGER AS FIRST MENTIONED ABOVE, A DISTANCE OF 606.81 FEET TO THE First American Title Insurance Company Form No. 1402.06 Policy Page 7 ALTA Owner's Policy(6-17-06) Policy Number:4310642 MOST SOUTHERLY CORNER THEREOF; THENCE NORTH 410 38' EAST ALONG THE SOUTHEASTERLY LINE OF THE PARCEL SO CONVEYED, A DISTANCE OF 330.00 FEET TO THE MOST EASTERLY CORNER THEREOF; THENCE SOUTH 480 22' EAST, A DISTANCE OF 239.00 FEET FOR THE TRUE POINT OF BEGINNING; THENCE NORTH 480 22' WEST, A DISTANCE 239.00 FEET; THENCE SOUTH 410 38' WEST, A DISTANCE OF 330.00 FEET; THENCE NORTH 480 22' WEST, A DISTANCE OF 246.81 FEET TO AN ANGLE POINT IN THE BOUNDARY LINE OF SAID PARCEL CONVEYED TO HORN AND YEAGER BY INSTRUMENT NO. 3842, RECORDED JANUARY 15, 1962; THE LAST TWO COURSES AND DISTANCES FOLLOW THE BOUNDARY LINE OF SAID PARCEL CONVEYED TO HORN AND YEAGER BY DEED RECORDED AS INSTRUMENT NO. 86602, RECORDED OCTOBER 10, 1961; THENCE SOUTH 100 18' 20" EAST, A DISTANCE OF 565.15 FEET; THENCE SOUTH 880 38' WEST, A DISTANCE OF 315.00 FEET TO THE MOST SOUTHERLY CORNER OF SAID PARCEL CONVEYED TO HORN AND YEAGER BY INSTRUMENT NO. 3842, RECORDED JANUARY 15, 1962; THE LAST TWO COURSES AND DISTANCES FOLLOW THE BOUNDARY LINE OF SAID PARCEL; THENCE SOUTH 060 52' EAST, A DISTANCE OF 292 FEET, MORE OR LESS, TO A POINT ON THE SOUTH LINE OF SAID SECTION 29; THENCE EAST ALONG SAID SOUTH LINE, A DISTANCE OF 70.26 FEET, MORE OF LESS, TO A POINT THEREON, FROM WHICH THE TRUE POINT OF BEGINNING BEARS NORTH 410 38' EAST, A DISTANCE OF 1040.05 FEET; THENCE NORTH 41° 38' EAST, A DISTANCE OF 1040.05 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING. APN: 669-230-010-7 and 669-230-011-8 First American Title Insurance Company Form No. 1402.06 Policy Page 7 ALTA Owner's Policy(6-17-06) Policy Number:4310642 MOST SOUTHERLY CORNER THEREOF; THENCE NORTH 410 38' EAST ALONG THE SOUTHEASTERLY LINE OF THE PARCEL SO CONVEYED, A DISTANCE OF 330.00 FEET TO THE MOST EASTERLY CORNER THEREOF; THENCE SOUTH 480 22' EAST, A DISTANCE OF 239.00 FEET FOR THE TRUE POINT OF BEGINNING; THENCE NORTH 480 22' WEST, A DISTANCE 239.00 FEET; THENCE SOUTH 410 38' WEST, A DISTANCE OF 330.00 FEET; THENCE NORTH 480 22' WEST, A DISTANCE OF 246.81 FEET TO AN ANGLE POINT IN THE BOUNDARY LINE OF SAID PARCEL CONVEYED TO HORN AND YEAGER BY INSTRUMENT NO. 3842, RECORDED JANUARY 15, 1962; THE LAST TWO COURSES AND DISTANCES FOLLOW THE BOUNDARY LINE OF SAID PARCEL CONVEYED TO HORN AND YEAGER BY DEED RECORDED AS INSTRUMENT NO. 86602, RECORDED OCTOBER 10, 1961; THENCE SOUTH 100 18' 20" EAST, A DISTANCE OF 565.15 FEET; THENCE SOUTH 880 38' WEST, A DISTANCE OF 315.00 FEET TO THE MOST SOUTHERLY CORNER OF SAID PARCEL CONVEYED TO HORN AND YEAGER BY INSTRUMENT NO. 3842, RECORDED JANUARY 15, 1962; THE LAST TWO COURSES AND DISTANCES FOLLOW THE BOUNDARY LINE OF SAID PARCEL; THENCE SOUTH 060 52' EAST, A DISTANCE OF 292 FEET, MORE OR LESS, TO A POINT ON THE SOUTH LINE OF SAID SECTION 29; THENCE EAST ALONG SAID SOUTH LINE, A DISTANCE OF 70.26 FEET, MORE OF LESS, TO A POINT THEREON, FROM WHICH THE TRUE POINT OF BEGINNING BEARS NORTH 410 38' EAST, A DISTANCE OF 1040.05 FEET; THENCE NORTH 41° 38' EAST, A DISTANCE OF 1040.05 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING. APN: 669-230-010-7 and 669-230-011-8 First American Title Insurance Company Form No. 1402.06 Policy Page 8 ALTA Owner's Policy(6-17-06) Policy Number:4310642 SCHEDULE B File No. 0625-4310642 Policy No. 4310642 EXCEPTIONS FROM COVERAGE This Policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees, or expenses that arise by reason of: Part One: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. Part Two: 1. General and special taxes and assessments for the fiscal year 2013-2014, a lien not yet due or payable. 2. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. 3. A right of way and easement of the Coachella Valley County Water District, in favor of the public, for all public roads, and rights of way heretofore dedicated, acquired, reserved or accepted for public use and also any and all private easements and rights of way for roads, pipelines, ditches and conduits on, over, under or across the herein described property, existing for the purposes of ingress and egress from other lands by means of such roads and for the purpose of conveying irrigating and domestic water to such other lands by means of such pipelines, ditches and conduits. Said matter affects parcels 1, 2 and 3 4. The fad that said property does not have access to the adjacent freeway; said rights of access and the relinquishment of said rights to the State of California being set forth in deed recorded February 3, 1948 in Book 891 Page 247 of Official Records of Riverside County, California. First American Title Insurance Company ` Form No. 1402.06 Policy Page 9 ALTA Owner's Policy(6-17-06) Policy Number:4310642 Said matter affects parcels 1 and 3 5. An easement for either or both pole lines, conduits or underground facilities and incidental purposes in the document recorded April 29, 1949 in Instrument No. 3725 in book 1072 page(s) 218 and 219 of Official Records. of Official Records. Said matter affects parcel 3 6. The effect of a Declaration of Dedication dated (not set out), executed by Dana B. Horn, purporting to irrevocably dedicate in perpetuity for public road purposes, public utility and public services, the property described therein, recorded August 14, 1972 as Instrument No. 108407 of Official Records of Riverside County, California. Said matter affects parcel 3 7. The following matters disclosed by an Express Map on May 1, 2007, designated Job No. EM 50024: A.) Rights, Interest or Claims of Interest in and to the land by reason of Dirt Roads Note: Said Express Map will need to be updated within six months of closing. 8. The lack of a right of access to and from the land. 9. Water rights, claims or title to water, whether or not shown by the public records. 10. Rights of parties in possession. First American Tile Insurance Company ` Form No. 1402.06 Policy Page 9 ALTA Owner's Policy(6-17-06) Policy Number:4310642 Said matter affects parcels 1 and 3 5. An easement for either or both pole lines, conduits or underground facilities and incidental purposes in the document recorded April 29, 1949 in Instrument No. 3725 in book 1072 page(s) 218 and 219 of Official Records. of Official Records. Said matter affects parcel 3 6. The effect of a Declaration of Dedication dated (not set out), executed by Dana B. Horn, purporting to irrevocably dedicate in perpetuity for public road purposes, public utility and public services, the property described therein, recorded August 14, 1972 as Instrument No. 108407 of Official Records of Riverside County, California. Said matter affects parcel 3 7. The following matters disclosed by an Express Map on May 1, 2007, designated Job No. EM 50024: A.) Rights, Interest or Claims of Interest in and to the land by reason of Dirt Roads Note: Said Express Map will need to be updated within six months of closing. 8. The lack of a right of access to and from the land. 9. Water rights, claims or title to water, whether or not shown by the public records. 10. Rights of parties in possession. First American Tile Insurance Company Form No. 1402.06 Policy Page 10 ALTA Owner's Policy(6-17-06) Policy Number:4310642 t r First American rtie We Am Commit tion We Are Committed to safeguarding Customer Irdarmatlon In order W better serve your needs now and in the future,we may ask you to 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 the personal information you Provide to us.Therefore,together with our subsidiaries we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information that you provide to us.It does net 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 entry.First American has also adopted broader guidelines that govern our use of personal Information regardless of its source. First American calls these guidelines its Fair Information Values. Types of Information Depending upon which of our services you are utilizing,the types of nonpublic personal information that we may collect include: • Information we receive from you on applications,forms and in other communicators to us,whether in writing,in person,by telephone or any other means; • Information about your transactions with us,our affiliated companies,or others;and • Information we receive from a consumer reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated Party.Therefore,we will not release your information fo nonaffiliated parties except:(1)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 may be used for any internal purpose,such as quality control efforts or customer analysis.We may also provide all of the types of nonpublic personal Information listed above to one or more of our affiliated companies.Such affiliated companies include financial service providers,such as title insurers,property and casualty insurers,and trust and investment advisory companies,or companies involved in real estate services,such as appraisal companies,home warranty companies and escrow companies.Furthermore, we may also provide all the information we collect,as described above,to companies that perform marketing services on our behalf,on behalf of our affiliated companies or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even If you are no longer our customer,our Privacy Policy will continue W apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information.We restrict access to nonpublic personal information about you to those Individuals and entities who need to know that information to provide products or services to you.We will use our best efforts to train and oversee our employees and agents to ensure mat your information will to handled responsibly and in accordance with this Privacy Policy and First American's Fair Information Values.We currently maintain physical,electronic,and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. Information Obtained Through Our Web Site First American Financial Corporation is sensitive to privacy issues on the Internet.We believe d is important you know how we heat the Information about you we receive on the Internet. In geneal,you can visit First American or Its affiliates Web sites on the World Wide Web without telling us who you are or revealing any information about yourself.Our Web servers collect the domain names,net the e-mail addresses,of visitors.This information is aggregated m measure the number of visits,average time spent on the site, pages viewed and similar information.First American uses this information to measure the use of our site and to develop ideas to improve the content of our site. There are Umes,however,when we may need information from you,such as your name and email address.When information is needed,we will use our best efforts W let you know at the time of collection how we will use the personal information.Usually,the personal information we collect is used only by us to respond to your inquiry, process an order or allow you to access specific account/profile information.If you choose to share any personal information with us,we will only use it in accordance with the policies outlined above. Business Relationships First American Financial Corporation's site and its affiliates'sites may contain links to other Web sites.While we by to link only to sites that share our high standards and respect for mi acy,we are not responsible for the content or the privacy practices employed by other sites. Cooties Some of First American's Web sites may make use of"cookie"technology to measure site activity and W customize information m your personal tastes.A cookie is an element of data that a Web site can send to your browser,which may then store the cookie on your hard drive. FirstAm.com uses stored cookies.The goal of this technology is W better serve you when visiting our site,save you time when you are here and to provide you with a more meaningful and productive Web site experience. ----------------- ---------- Fair Information Values Fairness We consider consumer expectations about their privacy in all our businesses.We only offer products and services that assure a favorable balance between consumer benefits and consumer Privacy. Public Record We believe that an open public record creates significant value for society,enhances consumer choice and creates consumer opportunity.We actively support an open public record and emphasize Its importance and contribution to our economy. Use We believe we should behave responsibly when we use Information about a consumer in our business.We will obey the laws governing the collection,use and dissemination of data. Accuracy We will take reasonable steps W help assure the accuracy of the data we collect,use and disseminate.Where possible,we will take reasonable steps to correct inaccurate information. When,as with the pudic record,we cannot con ect Inaccurate information,we will take all reasonable steps W assist consumers in identifying the source of the erroneous data so that the consumer can secure the required corrections. Education We endeavor to educate the users of our products and services,our employees and others In our industry about the importance of consumer privacy.We will Instruct our employees on our fair Information values and on the responsible collection and use of data.We will encourage others in our industry to collect and use information In a responsible manner. Security We will maintain appropriate facilities and systems to protect against unauthorized access to and corruption of the data we maintain. Form 50-PRIVACY(8/1/09) Page 1 of 1 Privacy Information(2001-2010 First American Financial Corporation) First American Title Insurance Company Form No. 1402.06 Policy Page 10 ALTA Owner's Policy(6-17-06) Policy Number:4310642 t r First American rtie We Am Commit tion We Are Committed to safeguarding Customer Irdarmatlon In order W better serve your needs now and in the future,we may ask you to 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 the personal information you Provide to us.Therefore,together with our subsidiaries we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information that you provide to us.It does net 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 entry.First American has also adopted broader guidelines that govern our use of personal Information regardless of its source. First American calls these guidelines its Fair Information Values. Types of Information Depending upon which of our services you are utilizing,the types of nonpublic personal information that we may collect include: • Information we receive from you on applications,forms and in other communicators to us,whether in writing,in person,by telephone or any other means; • Information about your transactions with us,our affiliated companies,or others;and • Information we receive from a consumer reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated Party.Therefore,we will not release your information fo nonaffiliated parties except:(1)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 may be used for any internal purpose,such as quality control efforts or customer analysis.We may also provide all of the types of nonpublic personal Information listed above to one or more of our affiliated companies.Such affiliated companies include financial service providers,such as title insurers,property and casualty insurers,and trust and investment advisory companies,or companies involved in real estate services,such as appraisal companies,home warranty companies and escrow companies.Furthermore, we may also provide all the information we collect,as described above,to companies that perform marketing services on our behalf,on behalf of our affiliated companies or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even If you are no longer our customer,our Privacy Policy will continue W apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information.We restrict access to nonpublic personal information about you to those Individuals and entities who need to know that information to provide products or services to you.We will use our best efforts to train and oversee our employees and agents to ensure mat your information will to handled responsibly and in accordance with this Privacy Policy and First American's Fair Information Values.We currently maintain physical,electronic,and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. Information Obtained Through Our Web Site First American Financial Corporation is sensitive to privacy issues on the Internet.We believe d is important you know how we heat the Information about you we receive on the Internet. In geneal,you can visit First American or Its affiliates Web sites on the World Wide Web without telling us who you are or revealing any information about yourself.Our Web servers collect the domain names,net the e-mail addresses,of visitors.This information is aggregated m measure the number of visits,average time spent on the site, pages viewed and similar information.First American uses this information to measure the use of our site and to develop ideas to improve the content of our site. There are Umes,however,when we may need information from you,such as your name and email address.When information is needed,we will use our best efforts W let you know at the time of collection how we will use the personal information.Usually,the personal information we collect is used only by us to respond to your inquiry, process an order or allow you to access specific account/profile information.If you choose to share any personal information with us,we will only use it in accordance with the policies outlined above. Business Relationships First American Financial Corporation's site and its affiliates'sites may contain links to other Web sites.While we by to link only to sites that share our high standards and respect for mi acy,we are not responsible for the content or the privacy practices employed by other sites. Cooties Some of First American's Web sites may make use of"cookie"technology to measure site activity and W customize information m your personal tastes.A cookie is an element of data that a Web site can send to your browser,which may then store the cookie on your hard drive. FirstAm.com uses stored cookies.The goal of this technology is W better serve you when visiting our site,save you time when you are here and to provide you with a more meaningful and productive Web site experience. ----------------- ---------- Fair Information Values Fairness We consider consumer expectations about their privacy in all our businesses.We only offer products and services that assure a favorable balance between consumer benefits and consumer Privacy. Public Record We believe that an open public record creates significant value for society,enhances consumer choice and creates consumer opportunity.We actively support an open public record and emphasize Its importance and contribution to our economy. Use We believe we should behave responsibly when we use Information about a consumer in our business.We will obey the laws governing the collection,use and dissemination of data. Accuracy We will take reasonable steps W help assure the accuracy of the data we collect,use and disseminate.Where possible,we will take reasonable steps to correct inaccurate information. When,as with the pudic record,we cannot con ect Inaccurate information,we will take all reasonable steps W assist consumers in identifying the source of the erroneous data so that the consumer can secure the required corrections. Education We endeavor to educate the users of our products and services,our employees and others In our industry about the importance of consumer privacy.We will Instruct our employees on our fair Information values and on the responsible collection and use of data.We will encourage others in our industry to collect and use information In a responsible manner. Security We will maintain appropriate facilities and systems to protect against unauthorized access to and corruption of the data we maintain. Form 50-PRIVACY(8/1/09) Page 1 of 1 Privacy Information(2001-2010 First American Financial Corporation) First American Title Insurance Company 3 24-40-2 669-23 TC.A. 6136 S2 s PoaN2 SEC. 6/05 T3S R4E. 0/I-062 ° 1400 0 � bm s s o � s s a O EX. 146 ACf 5 \ _ 04 / �f Q T]8tAC � :ee _ Z]E_AC i .5 Oe 4<rt ala xs x[x xa 30 v Po/m � _, ses „�.3•c -• , Spings City � �\� °'� 3233 29 DATA:GCO%aI,Sl4/e Nvy, p/W,yyt � ASSESSOR'S MAP 6K 669 P6.23 MAY I%S RNERSIOE COUNTY, CAUP. 3 t LIBERTY ESCROW INC. 200 North Sunrise Way,Suite A Palm Springs, CA 92262 (760) 322-2050 FAX: (760)322-2157 The City of Palm Springs Date: February 28, 2013 ATTN: Mr. John Raymond Escrow No. 25313-MS 3200 E Tahquitz Canyon Way Re: APN 669-230-010 and 669-230-011 Palm Springs, CA 92262 Palm Springs, CA Dear Mr. Raymond: In connection with the above referenced escrow, we enclose the following items: PLEASE SIGN AND RETURN (RETAIN ADDITIONAL COPY FOR YOUR FILES): Escrow Instructions PLEASE FILL IN COMPLETELY, SIGN AND RETURN: Preliminary Change of Ownership Report Approval of Preliminary Title Report Form RETAIN FOR YOUR RECORDS: Preliminary Title Report Privacy Act Notice If you have any questions regarding the enclosed, please don't hesitate to phone the undersigned. Sincerely, Liberty Escrow Inc. ��� 'k . Melvena G. Schaefer Certified Senior Escrow Officer LIBERTY JT ESCROW INC. 200 North Sunrise Way, Suite A Palm Springs, CA 92262 (760)322-2050 FAX: (760) 322-2157 PRIVACY ACT NOTICE Liberty Escrow Inc. has prepared this Privacy Act Notice to comply with the Gramm-Leach Bliley Act. Public Law 106-102 and to inform you regarding its collections, storage and use of information that you and others give it during the processing of your escrow transaction. The information in this Privacy Act Notice applies to Escrow Holder's current and former clients. 1. Categories of Information Escrow Holder Collects. We collect nonpublic personal information about you from the following sources: A. Information from you in letters and other communications as well as in escrow instructions and on forms including Statements of Identity, data collection regarding the financial status of the property or you and on other forms; and B. Information directly from third parties including real estate sales agents and brokers, mortgage companies and lenders, title companies, contractors, bookkeepers and accountants, attorneys, homeowners associations, insurance agents, federal, state or local tax or governmental authorities or from others who may give us information on forms or by other methods including but not limited to, telephone, e-mail, facsimile transmission. 2. Categories of Parties To Whom Escrow Holder Discloses. We may disclose nonpublic personal information about you to the following types of third parties: A. Financial service providers such as title insurance and underwritten title companies, mortgage companies and lenders as well as insurance agents and companies associated with your escrow transaction. B. Nonfinancial companies such as homeowners associations, attorney, bookkeepers and accountants, federal, state or local tax or governmental authorities, real estate agents and brokers associated with your escrow transaction. C. Service Providers including contractors, structural pest control operators and others rendering services to you or the real property or business that is the subject of this escrow transaction. We may also disclose nonpublic personal information about you to nonaffiliated third parties as permitted by law. Otherwise, we do not disclose personal or confidential information to anyone outside our company without your consent. We will adhere to the privacy policies and practices as described in this Privacy Act Notice. We restrict access to your personal and escrow file information to those employees who need to know that information to provide products or services to you. We maintain physical, electronic and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. Your information is stored in a secure place on a secure computer and in physical files. When we dispose of old physical paper files, we have it shredded and recycled by a bonded security company. You may direct all questions regarding the policies set forth in this Privacy Act Notice to your escrow officer. LIBERTY JT ESCROW INC. 200 North Sunrise Way, Suite A Palm Springs, CA 92262 (760)322-2050 FAX: (760) 322-2157 PRIVACY ACT NOTICE Liberty Escrow Inc. has prepared this Privacy Act Notice to comply with the Gramm-Leach Bliley Act. Public Law 106-102 and to inform you regarding its collections, storage and use of information that you and others give it during the processing of your escrow transaction. The information in this Privacy Act Notice applies to Escrow Holder's current and former clients. 1. Categories of Information Escrow Holder Collects. We collect nonpublic personal information about you from the following sources: A. Information from you in letters and other communications as well as in escrow instructions and on forms including Statements of Identity, data collection regarding the financial status of the property or you and on other forms; and B. Information directly from third parties including real estate sales agents and brokers, mortgage companies and lenders, title companies, contractors, bookkeepers and accountants, attorneys, homeowners associations, insurance agents, federal, state or local tax or governmental authorities or from others who may give us information on forms or by other methods including but not limited to, telephone, e-mail, facsimile transmission. 2. Categories of Parties To Whom Escrow Holder Discloses. We may disclose nonpublic personal information about you to the following types of third parties: A. Financial service providers such as title insurance and underwritten title companies, mortgage companies and lenders as well as insurance agents and companies associated with your escrow transaction. B. Nonfinancial companies such as homeowners associations, attorney, bookkeepers and accountants, federal, state or local tax or governmental authorities, real estate agents and brokers associated with your escrow transaction. C. Service Providers including contractors, structural pest control operators and others rendering services to you or the real property or business that is the subject of this escrow transaction. We may also disclose nonpublic personal information about you to nonaffiliated third parties as permitted by law. Otherwise, we do not disclose personal or confidential information to anyone outside our company without your consent. We will adhere to the privacy policies and practices as described in this Privacy Act Notice. We restrict access to your personal and escrow file information to those employees who need to know that information to provide products or services to you. We maintain physical, electronic and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. Your information is stored in a secure place on a secure computer and in physical files. When we dispose of old physical paper files, we have it shredded and recycled by a bonded security company. You may direct all questions regarding the policies set forth in this Privacy Act Notice to your escrow officer. BOE-502-A(P1)REV. 11 (07-10) PRELIMINARY CHANGE OF OWNERSHIP REPORT To be completed by the transferee (buyer) prior to a transfer of subject property, in accordance with section 480.3 of the Revenue and Taxation Code. A Preliminary Change of Ownership Report must be filed with each conveyance in the County Recorder's office for the county where the property is located. Please answer all questions in each section, and sign and complete the certification before filing.This form may be used in all 58 California counties. If a document evidencing a change in ownership is presented to the Recorder for recordation without the concurrent filing of a Preliminary Change of Ownership Report, the Recorder may charge an additional recording fee of twenty dollars ($20). NOTICE: The property which you acquired may be subject to supplemental assessment in an amount to be determined by the County Assessor. Supplemental assessments are not paid by the title or escrow company at close of escrow, and are not included in lender impound accounts. You may be responsible for the current or upcoming property taxes even if you do not receive the tax bill. SELLERrrRANSFEROR ASSESSOR'S PARCEL NUMBER Morris Communications Company, LLC 669-230-010-7 and 669-230-011-8 BUYERfrRANSFEREE BUYER'S DAYTIME TELEPHONE NUMBER The City of Palm Springs,a California municipal corporation and Charter City STREET ADDRESS OR PHYSICAL LOCATION OF REAL PROPERTY APN 669-230-010 and 669-230-011, Palm Springs, CA MAIL PROPERTY TAX INFORMATION TO.(NAME) '/ The City of Palm Springs ` t C l-e r—K t ADDRF.$$f Gr BoxA. �� CI A �� �l n STATE ZIPCODE� ( ) Y!!((ESS (ANO Thiss pproperty is intended as my principal residence. If YES, please indicate the date o ocupancy MO n�DAY YEARRL, or intended occupancy. PART 1. TRANSFER INFORMATION Please complete all statements. YES NO ( ) (75) A. This transfer is solely between spouses(addition or removal of a spouse,death of spouse, divorce settlement,etc.). B. This transfer is solely between domestic partners currently registered with the California Secretary of State(addition or removal of a partner,death of partner, termination settlement,etc.). ( ) ( C. This is a transfer between: ( )parent(s)and child(ren) ( )grandparent(s)and grandchild(ren). ( ) D. This transaction is to replace a principal residence by a person 55 years of age or older. Within the same county? ( )YES ( )NO E. This transaction is to replace a principal residence by a person who is severely disabled as defined by Revenue and Taxation Code section 69.5.Within the same county? ( )YES ( )NO ( ) ('xj F. This transaction is only a correction of the name(s)of the person(s)holding title to the property(e.g., a name change upon marriage). If YES,please explain: ( ) ( G. The recorded document creates,terminates, or reconveys a lender's interest in the property. ( ) ( H. This transaction is recorded only as a requirement for financing purposes or to create,terminate,orreconvey a security interest(e.g., cosigner). If YES,please explain: ( ) ( ) I. The recorded document substitutes a trustee of a trust,mortgage,or other similar document. T This is a transfer of property: ( ) 1. to/from a revocable trust that may be revoked by the transferor and is for the benefit of [ ]the transferor,and/or [ ]the transferors spouse [ ]registered domestic partner. ( ) ( 2. to/from a trust that may be revoked by the creator/grantorttrustor who is also a joint tenant, and which names the other joint tenant(s) as beneficiaries when the creator/grantorRrustor dies. ( ) (x) 3. to/from an irrevocable trust for the benefit of the [ ]creator/grantor/trustor and/or[ ]grantors/trustors spouse[ ]grantors/trustors registered domestic partner. ( ) (X) 4. to/from an irrevocable trust from which the property reverts to the creator/grantor/trustor within 12 years. ( ) ( K. This property is subject to a lease with a remaining lease term of 35 years or more including written options. L. This is a transfer between parties in which proportional interests of the transferors)and transferee(s)in each and every parcel being transferred remain exactly the same after the transfer. ( ) (Jrf M. This is a transfer subject to subsidized low-income housing requirements with governmentally imposed restrictions. N. This transfer is to the first purchaser of a new building containing an active solar energy system. If you checked YES to statements C, D, or E,you may qualify for a property tax reassessment exclusion,which may allow you to maintain your previous tax base. If you checked YES to statement N,you may qualify for a property tax new construction exclusion.A claim form must be filed and all requirements met in order to obtain any of these exclusions.Contact the Assessor for claim forms. Please provide any other information that will help the Assessor understand the nature of the transfer. THIS DOCUMENT IS NOT SUBJECT TO PUBLIC INSPECTION BOE-502-A(P1)REV. 11 (07-10) PRELIMINARY CHANGE OF OWNERSHIP REPORT To be completed by the transferee (buyer) prior to a transfer of subject property, in accordance with section 480.3 of the Revenue and Taxation Code. A Preliminary Change of Ownership Report must be filed with each conveyance in the County Recorder's office for the county where the property is located. Please answer all questions in each section, and sign and complete the certification before filing.This form may be used in all 58 California counties. If a document evidencing a change in ownership is presented to the Recorder for recordation without the concurrent filing of a Preliminary Change of Ownership Report, the Recorder may charge an additional recording fee of twenty dollars ($20). NOTICE: The property which you acquired may be subject to supplemental assessment in an amount to be determined by the County Assessor. Supplemental assessments are not paid by the title or escrow company at close of escrow, and are not included in lender impound accounts. You may be responsible for the current or upcoming property taxes even if you do not receive the tax bill. SELLERrrRANSFEROR ASSESSOR'S PARCEL NUMBER Morris Communications Company, LLC 669-230-010-7 and 669-230-011-8 BUYERfrRANSFEREE BUYER'S DAYTIME TELEPHONE NUMBER The City of Palm Springs,a California municipal corporation and Charter City STREET ADDRESS OR PHYSICAL LOCATION OF REAL PROPERTY APN 669-230-010 and 669-230-011, Palm Springs, CA MAIL PROPERTY TAX INFORMATION TO.(NAME) '/ The City of Palm Springs ` t C l-e r—K t ADDRF.$$f Gr BoxA. �� CI A �� �l n STATE ZIPCODE� ( ) Y!!((ESS (ANO Thiss pproperty is intended as my principal residence. If YES, please indicate the date o ocupancy MO n�DAY YEARRL, or intended occupancy. PART 1. TRANSFER INFORMATION Please complete all statements. YES NO ( ) (75) A. This transfer is solely between spouses(addition or removal of a spouse,death of spouse, divorce settlement,etc.). B. This transfer is solely between domestic partners currently registered with the California Secretary of State(addition or removal of a partner,death of partner, termination settlement,etc.). ( ) ( C. This is a transfer between: ( )parent(s)and child(ren) ( )grandparent(s)and grandchild(ren). ( ) D. This transaction is to replace a principal residence by a person 55 years of age or older. Within the same county? ( )YES ( )NO E. This transaction is to replace a principal residence by a person who is severely disabled as defined by Revenue and Taxation Code section 69.5.Within the same county? ( )YES ( )NO ( ) ('xj F. This transaction is only a correction of the name(s)of the person(s)holding title to the property(e.g., a name change upon marriage). If YES,please explain: ( ) ( G. The recorded document creates,terminates, or reconveys a lender's interest in the property. ( ) ( H. This transaction is recorded only as a requirement for financing purposes or to create,terminate,orreconvey a security interest(e.g., cosigner). If YES,please explain: ( ) ( ) I. The recorded document substitutes a trustee of a trust,mortgage,or other similar document. T This is a transfer of property: ( ) 1. to/from a revocable trust that may be revoked by the transferor and is for the benefit of [ ]the transferor,and/or [ ]the transferors spouse [ ]registered domestic partner. ( ) ( 2. to/from a trust that may be revoked by the creator/grantorttrustor who is also a joint tenant, and which names the other joint tenant(s) as beneficiaries when the creator/grantorRrustor dies. ( ) (x) 3. to/from an irrevocable trust for the benefit of the [ ]creator/grantor/trustor and/or[ ]grantors/trustors spouse[ ]grantors/trustors registered domestic partner. ( ) (X) 4. to/from an irrevocable trust from which the property reverts to the creator/grantor/trustor within 12 years. ( ) ( K. This property is subject to a lease with a remaining lease term of 35 years or more including written options. L. This is a transfer between parties in which proportional interests of the transferors)and transferee(s)in each and every parcel being transferred remain exactly the same after the transfer. ( ) (Jrf M. This is a transfer subject to subsidized low-income housing requirements with governmentally imposed restrictions. N. This transfer is to the first purchaser of a new building containing an active solar energy system. If you checked YES to statements C, D, or E,you may qualify for a property tax reassessment exclusion,which may allow you to maintain your previous tax base. If you checked YES to statement N,you may qualify for a property tax new construction exclusion.A claim form must be filed and all requirements met in order to obtain any of these exclusions.Contact the Assessor for claim forms. Please provide any other information that will help the Assessor understand the nature of the transfer. THIS DOCUMENT IS NOT SUBJECT TO PUBLIC INSPECTION BOE-502-A(P2)REV. 11 (07-10) PART 2. OTHER TRANSFER INFORMATION Check and complete as applicable. A. Date of transfer, if other than recording date: B. Tvae of transfer: ( Purchase ( )Foreclosure ( )Gift ( )Trade or Exchange ( )Merger, stock or partnership acquisition(Form BOE-100-13) ( Contract of sale. Dale of contract ( )Inheritance. Date of death: ( ) Salelleaseback ( )Creation of a lease ( )Assignment of a lease ( )Termination of a lease. Date lease began: Original term in years(including written options): Remaining term in years(including written options): ( ) Other: Please explain: C. Only a partial interest in the property was transferred? ( )YES (N NO If YES,indicate the percentage transferred % PART 3. PURCHASE PRICE AND TERMS OF SALE Check and complete as applicable. q 'tT A. Total purchase or acquisition price. Do not include closing costs or mortgage insurance Is ` 3 V It Down payment: $ Interest rate: % Seller-paid points or closing costs: $ Balloon payment: $ ( ) Loan carried by seller ( )Assumption of Contractual Assessment*with a remaining balance of: $ An assessment used to finance property-specific improvements that constitutes a lien against the real property. B. The property was purchased: ( ) Through real estate broker.Broker name: (tip Phone number�f!/ ( )Direct from seller ( )From a family member ( )Other: Please explain: C. Please explain any special terms,seller concessions,financing,and any other information(e.g.buyer assumed the existing loan balance)that would assist the Assessor in the valuation of your property: PART 4. PROPERTY INFORMATION Check and complete as applicable. A. Type of property transferred ( )Single-family residence ( )Co-op/Own-your-own ( )Manufactured home ( )Multiple-family residence.Number of units: ( )Condominium (JQ Unimproved lot ( )Other.Description:(i.e.,timber,mineral,water rights,etc.) ( )Timeshare ( )CommerciaUlndustrial B. ( )YES ()<NO Personal/business property,or incentives,are included in the purchase price. Examples are furniture,farm equipment, machinery, club memberships,etc.Attach list if available. If YES,enter the value of the personallbusiness property: $ C. ( )YES �NO A manufactured home is included in the purchase price. If YES,entei the value attributed to the manufactured home: $ ( )YES ( NO The manufactured home is subject to local property tax. If NO,enter decal number: D. ( )YES (�[S NO The property produces rental or other income. If YES,the i come is from: ( )Lease/rent ( )Contract ( )Mineral rights ( )Other: E. The condition of the property at the time of sale was: (N//.)Good ( )Average ( )Fair ( )Poor CERTIFICATION I certify(or declare)under penalty of perjury under the laws of the State of California that the foregoing and aft information hereon, including any accompanying statements or documents is true and coned to the best of my knowledge and belief This declaration is bindin on each and every bu edbansferee. SIGNATURE OF BUYER/TRANSFEREE OR CORPORATE OFFICER DATE Ala !4 Po/$ NAME OF ER/TRANSFEREE/LEGAL REPRESENTATIVE/CORPORATE OFFICER(PLEASE PRINT) TITLE J0 civ C`.-`=fqK E-MAIL ADDRESS The Assessor's office may contact you for additional information regarding this transaction. BOE-502-A(P2)REV. 11 (07-10) PART 2. OTHER TRANSFER INFORMATION Check and complete as applicable. A. Date of transfer, if other than recording date: B. Tvae of transfer: ( Purchase ( )Foreclosure ( )Gift ( )Trade or Exchange ( )Merger, stock or partnership acquisition(Form BOE-100-13) ( Contract of sale. Dale of contract ( )Inheritance. Date of death: ( ) Salelleaseback ( )Creation of a lease ( )Assignment of a lease ( )Termination of a lease. Date lease began: Original term in years(including written options): Remaining term in years(including written options): ( ) Other: Please explain: C. Only a partial interest in the property was transferred? ( )YES (N NO If YES,indicate the percentage transferred % PART 3. PURCHASE PRICE AND TERMS OF SALE Check and complete as applicable. q 'tT A. Total purchase or acquisition price. Do not include closing costs or mortgage insurance Is ` 3 V It Down payment: $ Interest rate: % Seller-paid points or closing costs: $ Balloon payment: $ ( ) Loan carried by seller ( )Assumption of Contractual Assessment*with a remaining balance of: $ An assessment used to finance property-specific improvements that constitutes a lien against the real property. B. The property was purchased: ( ) Through real estate broker.Broker name: (tip Phone number�f!/ ( )Direct from seller ( )From a family member ( )Other: Please explain: C. Please explain any special terms,seller concessions,financing,and any other information(e.g.buyer assumed the existing loan balance)that would assist the Assessor in the valuation of your property: PART 4. PROPERTY INFORMATION Check and complete as applicable. A. Type of property transferred ( )Single-family residence ( )Co-op/Own-your-own ( )Manufactured home ( )Multiple-family residence.Number of units: ( )Condominium (JQ Unimproved lot ( )Other.Description:(i.e.,timber,mineral,water rights,etc.) ( )Timeshare ( )CommerciaUlndustrial B. ( )YES ()<NO Personal/business property,or incentives,are included in the purchase price. Examples are furniture,farm equipment, machinery, club memberships,etc.Attach list if available. If YES,enter the value of the personallbusiness property: $ C. ( )YES �NO A manufactured home is included in the purchase price. If YES,entei the value attributed to the manufactured home: $ ( )YES ( NO The manufactured home is subject to local property tax. If NO,enter decal number: D. ( )YES (�[S NO The property produces rental or other income. If YES,the i come is from: ( )Lease/rent ( )Contract ( )Mineral rights ( )Other: E. The condition of the property at the time of sale was: (N//.)Good ( )Average ( )Fair ( )Poor CERTIFICATION I certify(or declare)under penalty of perjury under the laws of the State of California that the foregoing and aft information hereon, including any accompanying statements or documents is true and coned to the best of my knowledge and belief This declaration is bindin on each and every bu edbansferee. SIGNATURE OF BUYER/TRANSFEREE OR CORPORATE OFFICER DATE Ala !4 Po/$ NAME OF ER/TRANSFEREE/LEGAL REPRESENTATIVE/CORPORATE OFFICER(PLEASE PRINT) TITLE J0 civ C`.-`=fqK E-MAIL ADDRESS The Assessor's office may contact you for additional information regarding this transaction. LIBERTY ESCROW INC. 200 North Sunrise Way, Suite A Palm Springs, CA 92262 (760) 322-2050 FAX: (760) 322-2157 The City of Palm Springs Date: February 28, 2013 3200 E Tahquitz Canyon Way Escrow No. 25313-MS Palm Springs, CA 92262 Re: APN 669-230-010 and 669-230-011, Palm Springs, CA Enclosed herewith for your approval you will find the Preliminary Report issued by First American Title Company, Order No. 4310642, said report is dated February 15, 2013 at 7:30 A.M. Thank you. SincerreeVllyy,^�✓`',` J Melvena G. Schaefer'k 4 Certified Senior Escrow Officer APPROVAL OF PRELIMINARY TITLE REPORT Receipt is hereby acknowledged of Preliminary Title Report No. 4310642 from: First American Title Company. The undersi ned hereby approves the report with the exception of items: �)12racf r�d ©e- aye (�Yr�rr�ei-Lf" f��PS Mk s /7 �3p 14 Im Executed this day of The City of Palm Springs, a California municipal corporation and Charter City, a Corpor APPROVED BY CITY COUNCIL City Manager AS 10 F IV tooif y Attorney ATTEST: Clomplete ,ate o3/3•di� sign and return clergy , CLTA Preliminary Report Form Order Number: 0625-4310642 (Rev. 11/06) Page Number: 1 t IYFry, ) , "Z _ Fsr is �»� ?^ I• ,!Y�}�'.�`,! FIrstAmerican rifle L,{ First American Title Company 323 Court street San Bernardino, CA 92401 Melvena Schaeffer Liberty Escrow Inc. 200 North Sunrise Way Suite A Palm Springs, CA 92262-6502 Phone: (760)322-2050 Fax: (760)322-2157 Customer Reference: 25313-MS Order Number: 0625-4310642 (gp) Ttle Officer: Josh Guzman/ Porscha Peterson Phone: (951)787-1762 Fax No.: (866)292-6890 E-Mail: RVTitle@firstam.com Buyer: City of Palm Springs Property: vacant Land Riverside, CA PRELIMINARY REPORT In response to the above referenced application for a policy of title insurance,this company hereby reports that it is prepared to issue,or cause to be issued,as of the date hereof,a Policy or Policies of Tide Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect,lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules,Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in Exhibit A attached. The policy to bee sued may contain an arbi&ation clartse. When the Amount oflnsurance is/ess than that set forth in the arbitralmn louse,all arbrbab/e matters shell be arbitrated at the option ofei[her the Company or the insured as the exclusive remedy of the parties.Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies of Tide Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Exhibit A.Copies of the policy forms should be read.They are available from the office which issued this report Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this report carefully.The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all Ilei%defects,and encumbrances affecting title to the land. This report(and any supplements or amendments hereto)Is Issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby.If it is desired that liability be assumed prior to the issuance of a policy of title Insurance,a Binder or Commitment should be requested. First American Title Order Number: 0625-431D642 Page Number: 2 Dated as of February 15, 2013 at 7:30 A.M. The form of Policy of title insurance contemplated by this report is: To Be Determined A specific request should be made if another form or additional coverage is desired. Title to said estate or interest at the date hereof is vested in: MORRIS COMMUNICATIONS CORPORATION, A GEORGIA CORPORATION The estate or interest in the land hereinafter described or referred to covered by this Report is: Fee simple. The Land referred to herein is described as follows: (See attached Legal Description) .At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy form would be as follows: 1. General and special taxes and assessments for the fiscal year 2013-2014, a lien not yet due or payable. 2. General and special taxes and assessments for the fiscal year 2012-2013. First Installment: $176.59, PAID Penalty: $17.66 Second Installment: $176.59, DUE Penalty: $48.66 Tax Rate Area: 061-036 A. P. No.: 669-230-010-7 Affects: PORTION OF PARCELS 1 AND 2 3. General and special taxes and assessments for the fiscal year 2012-2013. First Installment: $176.59, PAID Penalty: $17.66 Second Installment: $176.59, DUE Penalty: $48.66 Tax Rate Area: 061-036 A. P. No.: 669-230-011-8 Affects: PORTION OF PARCELS 1 , 2 AND 3 First Amencan Title t Order Number: 0625-4310642 Page Number: 3 4. The lien of supplemental taxes if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. 5. A right of way and easement of the Coachella Valley County Water District, in favor of the public, for all public roads, and rights of way heretofore dedicated,acquired, reserved or accepted for public use and also any and all private easements and rights of way for roads, pipelines, ditches and conduits on, over, under or across the herein described property, existing for the purposes of ingress and egress from other lands by means of such roads and for the purpose of conveying irrigating and domestic water to such other lands by means of such pipelines, ditches and conduits. Said matter affects parcels 1, 2 and 3 6. The fact that said property does not have access to the adjacent freeway; said rights of access and the relinquishment of said rights to the State of California being set forth in deed recorded February 3, 1948 in Book 891 Page 247 of Official Records of Riverside County, Califomia. Said matter affects parcels 1 and 3 7. An easement for either or both pole lines, conduits or underground facilities and incidental purposes in the document recorded April 29, 1949 in Instrument No. 3725 in book 1072 page(s) 218 and 219 of Official Records. of Official Records. Said matter affects parcel 3 8. The effect of a Declaration of Dedication dated (not set out), executed by Dana B. Horn, purporting to irrevocably dedicate in perpetuity for public road purposes, public utility and public services, the property described therein, recorded August 14, 1972 as Instrument No. 108407 of Official Records of Riverside County, California. Said matter affects parcel 3 9. The following matters disclosed by an Express Map on May 1, 2007, designated Job No. EM 50024: A.) Rights, Interest or Claims of Interest in and to the land by reason of Dirt Roads Note: Said Express Map will need to be updated within six months of closing. 10. A lien for unsecured property taxes, evidenced by a certificate recorded by the tax collector of Riverside County, recorded July 10, 2012, as Instrument No. 12-320234 of Official Records. Debtor: Morris Communications Corp Year&No.: 2011-2012 009613834-4 Amount: $2,917.60, and any other amounts due thereunder. 11. A lien for unsecured property taxes, evidenced by a certificate recorded by the tax collector of Riverside County, recorded December 18, 2012, as Instrument No. 12-615458 of Official Records. Debtor: Morris Communications Corp Year&No.: 2004-2005 000908284-5 Amount: $131.21, and any other amounts due thereunder. FnstAmencan Trt/e Order Number: 0625-4310642 Page Number: 4 12. A lien for unsecured property taxes, evidenced by a certificate recorded by the tax collector of Riverside County, recorded December 18, 2012, as Instrument No. 12-615460 of Official Records. Debtor: Morris Communications Corp Year&No.: 2004-2005 000908283-4 Amount: $171.21, and any other amounts due thereunder. 13. A lien for unsecured property taxes, evidenced by a certificate recorded by the tax collector of Riverside County, recorded December 18, 2012, as Instrument No. 12-615463 of Official Records. Debtor: Morris Communications Corp Year 8L No.: 2004-2005 000908285-6 Amount: $895.91, and any other amounts due thereunder. 14. A lien for unsecured property taxes, evidenced by a certificate recorded by the tax collector of Riverside County, recorded December 18, 2012, as Instrument No. 12-615742 of Official Records. Debtor: Morris Communications Corp Year&No.: 2004-2005 000908234-0 Amount: $683.92, and any other amounts due thereunder. 15. The lack of a right of access to and from the land. 16. Water rights, claims or title to water, whether or not shown by the public records. 17. Rights of parties in possession. Prior to the issuance of any policy of title insurance,the Company will require: 18. With respect to MORRIS COMMUNICATIONS CORPORATION, a Georgia corporation: a. A certificate of good standing of recent date issued by the Secretary of State of the corporation's state of domicile. b. A certified copy of a resolution of the Board of Directors authorizing the contemplated transaction and designating which corporate officers shall have the power to execute on behalf of the corporation. c. Other requirements which the Company may impose following its review of the material required herein and other information which the Company may require. 19. With respect to MORRIS COMMUNICATIONS CORPORATION,A GEORGIA CORPORATION, a certificate of revivor and a certificate of relief from contract voidability issued by the Franchise Tax Board of the State of California. First American Title Order Number: 0625-4310642 Page Number: 4 12. A lien for unsecured property taxes, evidenced by a certificate recorded by the tax collector of Riverside County, recorded December 18, 2012, as Instrument No. 12-615460 of Official Records. Debtor: Morris Communications Corp Year&No.: 2004-2005 000908283-4 Amount: $171.21, and any other amounts due thereunder. 13. A lien for unsecured property taxes, evidenced by a certificate recorded by the tax collector of Riverside County, recorded December 18, 2012, as Instrument No. 12-615463 of Official Records. Debtor: Morris Communications Corp Year 8L No.: 2004-2005 000908285-6 Amount: $895.91, and any other amounts due thereunder. 14. A lien for unsecured property taxes, evidenced by a certificate recorded by the tax collector of Riverside County, recorded December 18, 2012, as Instrument No. 12-615742 of Official Records. Debtor: Morris Communications Corp Year&No.: 2004-2005 000908234-0 Amount: $683.92, and any other amounts due thereunder. 15. The lack of a right of access to and from the land. 16. Water rights, claims or title to water, whether or not shown by the public records. 17. Rights of parties in possession. Prior to the issuance of any policy of title insurance,the Company will require: 18. With respect to MORRIS COMMUNICATIONS CORPORATION, a Georgia corporation: a. A certificate of good standing of recent date issued by the Secretary of State of the corporation's state of domicile. b. A certified copy of a resolution of the Board of Directors authorizing the contemplated transaction and designating which corporate officers shall have the power to execute on behalf of the corporation. c. Other requirements which the Company may impose following its review of the material required herein and other information which the Company may require. 19. With respect to MORRIS COMMUNICATIONS CORPORATION,A GEORGIA CORPORATION, a certificate of revivor and a certificate of relief from contract voidability issued by the Franchise Tax Board of the State of California. First American Title Order Number: 062s-4310642 Page Number: 5 INFORMATIONAL NOTES Note: The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than the certain dollar amount set forth in any applicable arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. If you desire to review the terms of the policy, including any arbitration clause that may be included, contact the office that issued this Commitment or Report to obtain a sample of the policy jacket for the policy that is to be issued in connection with your transaction. 1. The property covered by this report is vacant land. 2. According to the public records, there has been no conveyance of the land within a period of twenty-four months prior to the date of this report, except as follows: None 3. We find no open deeds of trust. Escrow please confirm before closing. The map attached, if any, may or may not be a survey of the land depicted hereon. First American expressly disclaims any liability for loss or damage which may result from reliance on this map except to the extent coverage for such loss or damage is expressly provided by the terms and provisions of the title insurance policy, if any, to which this map is attached. First American Title Order Number: 0625-4310642 Page Number: 6 First American Title Company F. F Y F R,` 323 Court Street ♦' San Bernardino,CA 92401 t1 St t tlZL1C8UtIC (951)787-1700 Fax- WIRE INSTRUCTIONS for First American Title Company, Demand/Draft Sub-Escrow Deposits Riverside County,California First American Trust, FSB 5 First American Way Santa Ana, CA 92707 Banking Services: (877) 600-9473 ABA 122241255 Credit to First American Title Company Account No. 3004460000 Reference Title Order Number 4310642 and Title Officer Josh Guzman/ Porscha Peterson Please wire the day before recording. I FirstAmencan Title Order Number: 0625-4310642 Page Number: 7 LEGAL DESCRIPTION Real property in the unincorporated area of the County of Riverside, State of California, described as follows: PARCEL 1: (PORTION OF APN 669-230-010-7 AND 669-230-011-8) THAT PORTION OF SECTION 29, TOWNSHIP 3 SOUTH, RANGE 4 EAST, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS; BEGINNING AT THE INTERSECTION OF THE WEST LINE OF SAID SECTION 29 WITH THE SOUTHWESTERLY LINE OF THE LAND DESCRIBED IN THE DEED TO THE STATE OF CALIFORNIA, RECORDED FEBRUARY 3, 1948 AS INSTRUMENT NUMBER 305 IN BOOK 891 PAGES 247 TO 249 OF OFFICIAL RECORDS OF SAID RIVERSIDE COUNTY; THENCE ALONG THE LINES OF THE LAND DESCRIBED IN SAID DEED TO THE STATE OF CALIFORNIA, SOUTH 54° 34' EAST, 2084.69 FEET,AND SOUTH 35° 26'WEST, 200 FEET; THENCE CONTINUING ALONG THE LINES OF THE LAND DESCRIBED IN SAID DEED TO THE STATE OF CALIFORNIA, BEING A CURVE TO THE RIGHT WITH A RADIUS OF 9650 FEET THROUGH AN ANGLE OF 60 12', A DISTANCE OF 1044.23 FEET TO THE TRUE POINT OF BEGINNING OF THE LAND BEING HEREBY DESCRIBED; THENCE CONTINUING ALONG THE LINES OF THE LAND DESCRIBED IN SAID DEED TO THE STATE OF CALIFORNIA, NORTH 41° 38' EAST, 200 FEET AND SOUTH 48° 22' EAST, 673.05 FEET; THENCE SOUTH 410 38'WEST, 330 FEET; THENCE NORTH 480 22'WEST, 606.81 FEET; THENCE NORTH 140 38' EAST 145.90 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 2: (PORTION OF APN 669-230-010-7 AND 669-230-011-8) THAT PORTION OF SECTION 29,TOWNSHIP 3 SOUTH, RANGE 4 EAST,SAN BERNARDINO BASE AND MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE WEST LINE OF SAID SECTION 29 WITH THE SOUTHWESTERLY LINE OF THAT CERTAIN PARCEL OF LAND CONVEYED TO THE STATE OF CALIFORNIA BY DEED RECORDED FEBRUARY 3, 1948 AS INSTRUMENT NUMBER 305 IN BOOK 891 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA,AT PAGES 247 THROUGH 249 THEREOF; THENCE SOUTH 54° 34' EAST, A DISTANCE OF 2084.69 FEET; THENCE SOUTH 35° 26'WEST, A DISTANCE OF 200.00 FEET TO THE BEGINNING OF A CURVE, CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 9650.00 FEET, FROM WHICH THE CENTER OF SAID CURVE BEARS SOUTH 350 26' EAST; THENCE SOUTHEASTERLY ALONG SAID CURVE,TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 060 12', AN ARC DISTANCE OF 1044.23 FEET TO THE END THEREOF, SAID POINT BEING AN ANGLE POINT IN THE WESTERLY LINE OF THAT CERTAIN PARCEL OF LAND CONVEYED TO DANA B. HORN AND JACQUES S. YEAGER BY INSTRUMENT NO. 86602, RECORDED OCTOBER 10, 1961, IN THE OFFICE OF THE RECORDER OF RIVERSIDE COUNTY, CALIFORNIA;THE LAST THREE COURSES AND DISTANCES FOLLOW ALONG THE BOUNDARY LINE OF THE PARCEL CONVEYED TO THE STATE OF CALIFORNIA AS AFORESAID;THENCE SOUTH 140 38' WEST ALONG THE WESTERLY LINE OF THE PARCEL CONVEYED TO HORN AND YEAGER AS AFORESAID, A DISTANCE OF 145.90 FEET TO THE MOST WESTERLY CORNER THEREOF, FOR THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 140 38' WEST A DISTANCE OF 276.10 FEET; THENCE SOUTH 06° 52' EAST,A DISTANCE OF 272.00 FEET; THENCE SOUTH 26° 22' EAST, A DISTANCE OF 180.00 FEET; THENCE SOUTH 060 52' EAST,A DISTANCE OF 105.00 FEET; THENCE NORTH 880 38' EAST,A DISTANCE OF 315.00 FEET; THENCE NORTH 10° 18' 20" WEST, A DISTANCE OF 565.15 FEET TO A POINT ON THE SOUTHWESTERLY LINE OF THE PARCEL CONVEYED TO HORNER AND YEAGER AS FrrstAmencan Title Order Number. 0625-4310642 Page Number: 8 AFORESAID; THENCE NORTH 480 22'WEST ALONG SAID SOUTHWESTERLY LINE, A DISTANCE OF 360.00 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 3: (PORTION OF APN 669-230-011-8) THAT PORTION OF SECTION 29,TOWNSHIP 3 SOUTH, RANGE 4 EAST, SAN BERNARDINO BASE AND MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE WEST LINE OF SAID SECTION 29 WITH THE SOUTHWESTERLY LINE OF THAT CERTAIN PARCEL OF LAND CONVEYED TO THE STATE OF CALIFORNIA BY DEED RECORDED FEBRUARY 3, 1948 AS INSTRUMENT NUMBER 305 IN BOOK 891 PAGES 247 THROUGH 249 THEREOF OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; THENCE SOUTH 540 34' EAST, A DISTANCE OF 2084.69 FEET; THENCE SOUTH 350 26' WEST,A DISTANCE OF 200.00 FEET TO THE BEGINNING OF A CURVE, CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 9650.00 FEET, FROM WHICH THE CENTER OF SAID CURVE BEARS SOUTH 350 26' WEST; THENCE SOUTHEASTERLY ALONG SAID CURVE,TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 060 12',AN ARC DISTANCE OF 1044.23 FEET TO THE END THEREOF, SAID POINT BEING AN ANGLE POINT IN THE WESTERLY LINE OF THAT CERTAIN PARCEL OF LAND CONVEYED TO DANA B. HORN AND JACQUES S. YEAGER, BY INSTRUMENT NO. 86602, RECORDED OCTOBER 10, 1961, IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY, CALIFORNIA; THE LAST THREE COURSES AND DISTANCES FOLLOW ALONG THE BOUNDARY LINE OF THE PARCEL CONVEYED TO THE STATE OF CALIFORNIA AS AFORESAID; THENCE SOUTH 140 38'WEST ALONG THE WESTERLY LINE OF THE PARCEL CONVEYED TO HORN AND YEAGER AS AFORESAID,A DISTANCE OF 145.90 FEET TO THE MOST WESTERLY CORNER THEREOF, SAID POINT BEING THE MOST BEING THE MOST NORTHERLY CORNER OF. THAT CERTAIN PARCEL OF LAND CONVEYED TO DANA B. HORN AND JACQUES S.YEAGER BY INSTRUMENT NO. 3842, RECORDED JANUARY 15, 1962, IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY, CALIFORNIA; THENCE SOUTH 480 22' EAST ALONG THE SOUTHWESTERLY LINE OF THE PARCEL CONVEYED TO HORN AND YEAGER AS FIRST MENTIONED ABOVE, A DISTANCE OF 606.81 FEET TO THE MOST SOUTHERLY CORNER THEREOF; THENCE NORTH 410 38' EAST ALONG THE SOUTHEASTERLY LINE OF THE PARCEL SO CONVEYED, A DISTANCE OF 330.00 FEET TO THE MOST EASTERLY CORNER THEREOF; THENCE SOUTH 480 22' EAST,A DISTANCE OF 239.00 FEET FOR THE TRUE POINT OF BEGINNING; THENCE NORTH 480 22'WEST,A DISTANCE 239.00 FEET; THENCE SOUTH 410 38' WEST, A DISTANCE OF 330.00 FEET; THENCE NORTH 480 22'WEST, A DISTANCE OF 246.81 FEET TO AN ANGLE POINT IN THE BOUNDARY LINE OF SAID PARCEL CONVEYED TO HORN AND YEAGER BY INSTRUMENT NO. 3842, RECORDED JANUARY 15, 1962; THE LAST TWO COURSES AND DISTANCES FOLLOW THE BOUNDARY LINE OF SAID PARCEL CONVEYED TO HORN AND YEAGER BY DEED RECORDED AS INSTRUMENT NO. 86602, RECORDED OCTOBER 10, 1961; THENCE SOUTH 100 18' 20" EAST, A DISTANCE OF 565.15 FEET; THENCE SOUTH 880 38' WEST,A DISTANCE OF 315.00 FEET TO THE MOST SOUTHERLY CORNER OF SAID PARCEL CONVEYED TO HORN AND YEAGER BY INSTRUMENT NO. 3842, RECORDED JANUARY 15, 1962; THE LAST TWO COURSES AND DISTANCES FOLLOW THE BOUNDARY LINE OF SAID PARCEL; FirstAmencan Title Order Number: 0625-4310642 Page Number: 9 THENCE SOUTH 060 52' EAST, A DISTANCE OF 292 FEET, MORE OR LESS,TO A POINT ON THE SOUTH LINE OF SAID SECTION 29; THENCE EAST ALONG SAID SOUTH LINE,A DISTANCE OF 70.26 FEET, MORE OF LESS,TO A POINT THEREON, FROM WHICH THE TRUE POINT OF BEGINNING BEARS NORTH 410 38' EAST, A DISTANCE OF 1040.05 FEET; THENCE NORTH 410 38' EAST,A DISTANCE OF 1040.05 FEET, MORE OR LESS,TO THE TRUE POINT OF BEGINNING. APN: 669-230-010-7 and 669-230-011-8 FirstAmeman Tide 24-40-2 669-2.3 T.C..A 6136 Sz & Par. NZ SEC29 T3S R.4E. y, sJns 005 I� y� 04 > IOER � H6Kf lb p ri O ZL H (p i 1IBtd[ '• 4. O j� © m z [ Z Z c c z- 28 32 133 29 \ \ \ o \ \ N LY JA:610 Ml S/pN mry_A/M Mpl \ A W ASSESSYIPS MAP MY.661 M.23 p MAY IM8 RNERS/OE CCUMIY. G(/R ® O� Order Number: 0625-4310642 Page Number: 11 Section 12413.1 of the California Insurance Code, effective January 1, 1990, requires that any title insurance company, underwritten title company, or controlled escrow company handling funds in an escrow or sub-escrow capacity, wait a specified number of days after depositing funds, before recording any documents in connection with the transaction or disbursing funds. This statute allows for funds deposited by wire transfer to be disbursed the same day as deposit. In the case of cashier's checks or certified checks, funds may be disbursed the next day after deposit. In order to avoid unnecessary delays of three to seven days, or more, please use wire transfer, cashier's checks, or certified checks whenever possible. If you have any questions about the effect of this new law, please contact your local First American Office for more details. First American Title Order Number: 0625-4310642 Page Number: 11 Section 12413.1 of the California Insurance Code, effective January 1, 1990, requires that any title insurance company, underwritten title company, or controlled escrow company handling funds in an escrow or sub-escrow capacity, wait a specified number of days after depositing funds, before recording any documents in connection with the transaction or disbursing funds. This statute allows for funds deposited by wire transfer to be disbursed the same day as deposit. In the case of cashier's checks or certified checks, funds may be disbursed the next day after deposit. In order to avoid unnecessary delays of three to seven days, or more, please use wire transfer, cashier's checks, or certified checks whenever possible. If you have any questions about the effect of this new law, please contact your local First American Office for more details. First American Title Order Number: 0625-4310642 Page Number: 12 EXHIBIT A LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS(BY POLICY TYPE) CLTA/ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE(02-03-10) EXCLUSIONS In addition to the Exceptions in Schedule B,You are not insured against loss,costs,attorneys'fees,and expenses resulting from: 1. Governmental police power,and the existence or violation of those portions of any law or government regulation concerning: (a)building; (d)improvements on the Land; (b)zoning; (e)land division;and (c)land use; (f)environmental protection. This Exclusion does not limit the coverage described in Covered Risk 8.a.,14, 15, 16,18,19,20,23 or 27. 2. The failure of Your existing structures,or any part of them,to be constructed in accordance with applicable bullding codes. This Exclusion does not limit the coverage described in Covered Risk 14 or 15. 3. The right to take the Land by condemning R. This Exclusion does not limit the coverage described in Covered Risk 17. 4. Risks: (a)that are created,allowed,or agreed to by You,whether or not they are recorded in the Public Records, (b)that are Known to You at the Policy Date,but not to Us,unless they are recorded In the Public Records at the Policy Date; (c)that result in no loss to You;or (d)that first occrrr after the Policy Date-this does not limit the coverage described in Covered Risk 7,8.e.,25,26,27 or 28, 5. Failure to pay value for Your Tide. 6. Lack of a right: (a)to any land outside the area specifically described and referred to in paragraph 3 of Schedule A;and (b)in streets,alleys,or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 21. 7. The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy,state Insolvency,or similar creditors'rights laws. LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: For Covered Risk 16, 18, 19,and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. Your Deductible Amount Our Maximum Dollar Limit of Liability Covered Risk 16: 1%of Policy Amount or$2,500.00(whichever is less) $10,000.00 Covered Risk 18: 1%of Policy Amount or$5,000.00(whichever is less) $25,000.00 Covered Risk 19: 1%of Policy Amount Or$5,000.00(whichever is less) $25,000.00 Covered Risk 21: 1%of Policy Amount or$2,500.00(whichever is less) $5,000.00 ALTA RESIDENTIAL TITLE INSURANCE POLICY(6-1-87) EXCLUSIONS In addition to the Exceptions in Schedule B,you are not insured against loss,costs,attorneys'fees,and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning: (a)and use (b)improvements on the land (c)and division (d)environmental protection This exclusion does not apply to viclations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage described In Items 12 and 13 of Covered Title Risks. 2. The right to take the land by condemning it,unless: (a)a notice of exercising the right appears in the public records on the Policy Date FirstAmencan Title Order Number: D625-4310642 Page Number: 13 (b)the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking 3. Title Risks: (a)that are created,allowed,or agreed to by you (b)that are known to you,but not to us,on the Policy Date--unless they appeared in the public records (c)that result in no loss to you (d)that first affect your tide after the Policy Date—this does not limit the labor and material lien coverage in Item 8 of Covered The Risks 4. Failure to pay value for your tide. S. Lack of a right: (a)to any land outside the area specifically described and referred to in Item 3 of Schedule A OR (b)in streets,alleys,or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Tide Risks. 2006 ALTA LOAN POLICY(06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy,and the Company will not pay loss or damage,costs,attorneys' fees,or expenses that arise by reason of: 1. (a)Any law,ordinance,permit,or governmental regulation(including those relating to building and zoning)restricting,regulating, prohibiting,or relating to (1)the occupancy,use,or enjoyment of the Land; (ii)the character,dimensions,a location of any improvement erected on the Land; (Ili)the subdivision of land;or (iv)environmental protection; or the effect of any violation of these laws,ordinances,or governmental regulations.This Exclusion 1(a)does not modify or limit the coverage provided under Covered Risk S. (b)Any governmental police power.This Exclusion 1(b)does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain.This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects,liens,encumbrances,adverse claims,or other matters (a)created,suffered,assumed,or agreed to by the Insured Claimant; (b)not Known to the Company,not recorded in the Public Records at Date of Policy,but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c)resulting in no loss or damage to the Insured Claimant; (d)attaching or created subsequent to Date of Policy(however,this does not modify or limit the coverage provided under Covered Risk 11, 13,or 14);or (e)resulting in loss or damage that would not have been sustained If the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing- business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. 6. Any dalm,by reason of the operation of federal bankruptcy,state insolvency,or similar creditors'rights laws,that the transaction creating the lien of the Insured Mortgage,is (a)a fraudulent conveyance or fraudulent transfer,or (b)a preferential transfer for any reason not stated in Covered Risk 13(b)of this policy. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk 11(b). The above policy form may be Issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage,the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage(and the Company will not pay costs,attomeys'fees or expenses)that arise by reason of: 1. (a)Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records;(b)proceedings by a public agency that may result in taxes or assessments,or notices of such proceedings,whether or not shown by the records of such agency or by the Public Records. 2. Any facts,rights,interests,or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements,liens or encumbrances,or claims thereof,not shown by the Public Records. 4. Any encroachment,encumbrance,violation,variation,or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the land and not shown by the Public Records. Fi7stAmencan Title Order Number: D625-4310642 Page Number: 13 (b)the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking 3. Title Risks: (a)that are created,allowed,or agreed to by you (b)that are known to you,but not to us,on the Policy Date--unless they appeared in the public records (c)that result in no loss to you (d)that first affect your tide after the Policy Date—this does not limit the labor and material lien coverage in Item 8 of Covered The Risks 4. Failure to pay value for your tide. S. Lack of a right: (a)to any land outside the area specifically described and referred to in Item 3 of Schedule A OR (b)in streets,alleys,or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Tide Risks. 2006 ALTA LOAN POLICY(06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy,and the Company will not pay loss or damage,costs,attorneys' fees,or expenses that arise by reason of: 1. (a)Any law,ordinance,permit,or governmental regulation(including those relating to building and zoning)restricting,regulating, prohibiting,or relating to (1)the occupancy,use,or enjoyment of the Land; (ii)the character,dimensions,a location of any improvement erected on the Land; (Ili)the subdivision of land;or (iv)environmental protection; or the effect of any violation of these laws,ordinances,or governmental regulations.This Exclusion 1(a)does not modify or limit the coverage provided under Covered Risk S. (b)Any governmental police power.This Exclusion 1(b)does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain.This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects,liens,encumbrances,adverse claims,or other matters (a)created,suffered,assumed,or agreed to by the Insured Claimant; (b)not Known to the Company,not recorded in the Public Records at Date of Policy,but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c)resulting in no loss or damage to the Insured Claimant; (d)attaching or created subsequent to Date of Policy(however,this does not modify or limit the coverage provided under Covered Risk 11, 13,or 14);or (e)resulting in loss or damage that would not have been sustained If the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing- business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. 6. Any dalm,by reason of the operation of federal bankruptcy,state insolvency,or similar creditors'rights laws,that the transaction creating the lien of the Insured Mortgage,is (a)a fraudulent conveyance or fraudulent transfer,or (b)a preferential transfer for any reason not stated in Covered Risk 13(b)of this policy. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk 11(b). The above policy form may be Issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage,the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage(and the Company will not pay costs,attomeys'fees or expenses)that arise by reason of: 1. (a)Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records;(b)proceedings by a public agency that may result in taxes or assessments,or notices of such proceedings,whether or not shown by the records of such agency or by the Public Records. 2. Any facts,rights,interests,or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements,liens or encumbrances,or claims thereof,not shown by the Public Records. 4. Any encroachment,encumbrance,violation,variation,or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the land and not shown by the Public Records. Fi7stAmencan Title Order Number: 0625-4310642 Page Number: 14 5. (a)Unpatented mining claims;(b)reservations or exceptions in patents or in Acts authorizing the Issuance thereof;(c)water rights,claims or title to water,whether or not the matters excepted under(a),(b),or(c)are shown by the Public Records. 6. Any lien or night to a lien for services,labor or material not shown by the public records. 2006 ALTA OWNER'S POLICY(06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy,and the Company will not pay loss or damage,costs,attorneys' fees,or expenses that arise by reason of: 1. (a)Any law,ordinance,permit,or governmental regulation(including those relating to building and zoning)restricting,regulating, prohibiting,or relating to (i)the occupancy,use,or enjoyment of the Land; (ii)the character,dimensions,or location of any improvement erected on the Land; (ill)the subdivision of land;or _ (iv)environmental protection; or the effect of any violation of these laws,ordinances,or governmental regulations.This Exclusion 1(a)does not modify or limit the coverage provided under Covered Risk 5. (b)Any governmental police power.This Exclusion 1(b)does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain.This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects,liens,encumbrances,adverse claims,or other matters (a)created,suffered,assumed,or agreed to by the Insured Claimant; (b)not Known to the Company,not recorded in the Public Records at Date of Policy,but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c)resulting in no loss or damage to the Insured Claimant; (d)attaching or created subsequent to Date of Policy(however,this does not modify or limit the coverage provided under Covered Risk 9 or 10);or (e)resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Tolle. 4. Any claim,by reason of the operation of federal bankruptcy,state insolvency,or similar creditors'rights laws,that the transaction vesting the Title as shown in Schedule A,is (a)a fraudulent conveyance or fraudulent transfer,or (b)a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Tide for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage,the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage(and the Company will not pay costs,attorneys'fees or expenses)that arise by reason of: 1. (a)Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records;(b)proceedings by a public agency that may result in taxes or assessments,or notices of such proceedings,whether or not shown by the records of such agency or by the Public Records. 2. Any facts,rights,interests,or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements,liens or encumbrances,or claims thereof,not shown by the Public Records. 4. Any encroachment,encumbrance,violation,variation,or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. S. (a)Unpatented mining claims;(b)reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c)water rights,claims or title to water,whether or not the matters excepted under(a),(b),or(c)are shown by the Public Records. 6. Any lien or right to a lien for services,labor or material not shown by the public records. ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY(07-26-10) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy,and the Company will not pay loss or damage,costs,attomeys' fees,or expenses that arise by reason of: 1. (a)Any law,ordinance,permit,or governmental regulation(including those relating to building and zoning)restricting,regulating, prohibiting,or relating to First American Title Order Number: 0625-4310642 Page Number: 15 (i)the occupancy,use,or enjoyment of the Land; (11)the character,dimensions,or location of any improvement erected on the Land; (III)the subdivision of land;or (Iv)environmental protection; or the effect of any violation of these laws,ordinances,or governmental regulations. This Exclusion 1(a)does not modify or limit the coverage provided under Covered Risk 5,6,13(c), 13(d), 14 or 16. (b)Any govemmental police power.This Exclusion 1(b)does not modify or limit the coverage provided under Covered Risk 5,6,13(c), 13(d),14 or 16. 2. Rights of eminent domain.This Exclusion does not modify or Iimlt the coverage provided under Covered Risk 7 or 8. 3. Defects,liens,encumbrances,adverse claims,or other matters (a)created,suffered,assumed,or agreed to by the Insured Claimant; (b)not Known to the Company,not recorded In the Public Records at Date of Policy,but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c)resulting in no loss or damage to the Insured Claimant; (d)attaching or created subsequent to Date of Policy(however,this does not modify or limit the coverage provided under Covered Risk 11, 16, 17, 18, 19,20,21,22,23,24,27 or 28);or (e)resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing- business laws of the state where the Land Is situated. S. Invalidlty or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law.This Exclusion does not modify or limit the coverage provided in Covered Risk 26. 6. Any claim of invalidity,unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modlf cations made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or Interest covered by this policy.This Exclusion does not modify or limit the coverage provided in Covered Risk 11. 7. Any lien on the Title for real estate taxes or assessments Imposed by governmental authority and created or attaching subsequent to Date of Policy.This Exclusion does not modify or limit the coverage provided in Covered Risk 11(b)or 25. 8. The failure of the residential structure,or any portion of it,to have been constructed before,on or after Date of Policy in accordance with applicable building codes. This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6. 9. Any claim,by reason of the operation of federal bankruptcy,state insolvency,or similar creditors'rights laws,that the transaction creating the lien of the Insured Mortgage,is (a)a fraudulent conveyance or fraudulent transfer,or (b)a preferential transfer for any reason not stated in Covered Rlsk 27(b)of this policy. FrrstAmerlcan Title Order Number: 0625-4310642 Page Number: 16 FustAmericen Title Privacy Information We Are Committed W Safeguarding Customer Information In order to better serve your needs now and In the future,we may ask you to provide us with cotaln infonnatan.We understand that you may be concerned abort what we will do Atli such Information-particularly any personal or financial information.We agree that you have a right to know how we will utilize the personal Information you provide to us.Therefore,together wtth our subsidiaries we have adopted this Privacy Policy to govern the use and handling of your personal inforivii Applinbility This Privacy Policy govems our use of the Infomatbm that you provide to us.It does not govem the manner In which we may use Information we have obtained hen any other source,such as information obtained from a pudic record or from another person or entity.First American has also adapted broader guidelines that govern our use of personal Information regardless M is source. First Marian ails geese guidelines its Fair Information Values. Typos of Information Depending upon which of our services you am unliu g,the types of nonpublic personal Information that we may collect include: e Information we recelve from you on applications,forms and In other commun®tins to us,whether In writing,in person,by telephone or any other means; a Information about your transactions with us,our affiliated companies,or other;and e Information we salve from a consumer reporting agency. Use of Information We request Information from you for our own legilmace busies purposes and not for the benerd of any nonaffiliated party.Therefore,we will not release your Inforrnation to nonaffiliated parties ezcept(1)as necessary,for us to provide the product or service you have requested of us;or(2)as permuted by law.We may,however,store such information indefinitely,Including the period after which any customer relationship has ceased.Such information may be used for any Internal purpose,such as quality control efforts or wslomer analysis.We may also provide all of the types of nonpublic personal infoorati m Ilsted.above to ove or mare of our affillaled companies.Such affiliated companies include financial service providers,such as tilde insures,properly and casualty Insurers,and trust and immsbrerd advisory companies,or companies Involved in real estate services,such as appraisal companies,home ward My companies and escrow companies.Fudhem ore, we may also provide all the information we colkxt,as described above,to companies that perform mmkedrig services on our behalf,on behalf of our afflaced companies or to other financial institutions with wham we or our aRtlated companies have jolts marketing agreements. Fomner Customers Even If you are no longer our customer,our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts M ensure that no unauthorized parties have access W any M your Infoaration.We resbiot access to nonpublic:permm it information about you to those Individuals and whites who need to know that information to provide,products or services to you.We will use our best efforts to train and oversee our employees and agents to ensure that your intomation will be handled responsibly and In accordance with this Privacy Policy and First American's Fair Information Values.We currently overlain physical,electronic,and Procedural safeguards that comply with federal regulations to guard your nonpublic personal Information. Informatim Obtained Through Our Web She First American Financial Corporation Is sensitive W privacy Issues on the Irdemet We believe it a Important you know how we treat the Information about you we recedes:on the IMemet. In general,you an visa First Madman or as,affiliates'Web sites on the Wald Wide Web without being us who you are or revealing any infomaton about yourself.Our Web servers collect the domm names,not the email addresses,of visitors.This Information Is aggregated to measure the number of visits,average time spend on the site,pages viewed and similar information. First Amerion uses this Information to measure the use of our site and to develop Ideas to improve the content of our she. There are times,hovwwer,when we may need information from you,such as your name and mien address.When Information is needed,M will use our best efforts to let you know at the time of collation how we will use the personal information.Usually,the personal nfomation we collect is used only by us to respond to your Inqu y,Process an order or allow you to access specific acoound/profile information.If you choose to share any personal information with us,we will only use it in accordance with the policies outlined above. Business Relationships First American Financial Coryomthm's site and is affiliates sites may certain links to other Web sties While we try to link only to sites that share our high standards and respect for privacy,we are mot responsible for the content or the Privacy Practices employed by oho sites, cookies Some of First American's Web Was may make use of"cookie"technology to measure she activity and to customize Information to your personal tastes.A cookie is an element of data that a Web site an sent to your browser,which may then stare the coolde on your hard drive FirstAm.com uses stored cobldes.The goal of this technology is to tenter serve you when visiting our site,save you time when you are here and to provide you with a more meaningful and productive Web sue experience. Fair Information Values Fairness We consider consumer expectations about their privacy in all our businesses.We only offer products and services that assure a favorable balance between consumer benefits and consumer Privacy. Public Retard We believe that an open public record creates significant vake for society,enhances consumer choice and creates consumer opportunity.We actively support an open public record and emphashe its importance and wnMWtim to our economy. Use We believe we should behave responsibly when we use Information about a consumer In our business We will obey the laws governing the collection,use and dissemination of data. Accuracy We All take reasonable steps to help assure the acamcy of the data we collect use and disseminate.Where possible,we will take reasonable steps to correct Inaccurate infematim. When,as with the public record,we c mnat correct Inaccurate information,we will take all reasonable steps to assist consumers In Identifying the source a the erroneous data se that the consumer on secure the required corrections. education We endeave to educate the users of our products and services,our employees and others In our Industry about the importance of consumer privacy.We will Instruct our employees on our fair information values and on the responsible collection and use of data.We will encourage others in our industry to collect and use Information In a responsible manner. Security We will r almzin appropriate facilities and systems to protect against unauthorized access to and corruption of the data we maintain. Form 50-PRIVACY(811/09) Page 1 of 1 Privacy Information(2001-2010 First American Financial Corporation) Order Number: 0625-4310642 Page Number: 16 FustAmericen Title Privacy Information We Are Committed W Safeguarding Customer Information In order to better serve your needs now and In the future,we may ask you to provide us with cotaln infonnatan.We understand that you may be concerned abort what we will do Atli such Information-particularly any personal or financial information.We agree that you have a right to know how we will utilize the personal Information you provide to us.Therefore,together wtth our subsidiaries we have adopted this Privacy Policy to govern the use and handling of your personal inforivii Applinbility This Privacy Policy govems our use of the Infomatbm that you provide to us.It does not govem the manner In which we may use Information we have obtained hen any other source,such as information obtained from a pudic record or from another person or entity.First American has also adapted broader guidelines that govern our use of personal Information regardless M is source. First Marian ails geese guidelines its Fair Information Values. Typos of Information Depending upon which of our services you am unliu g,the types of nonpublic personal Information that we may collect include: e Information we recelve from you on applications,forms and In other commun®tins to us,whether In writing,in person,by telephone or any other means; a Information about your transactions with us,our affiliated companies,or other;and e Information we salve from a consumer reporting agency. Use of Information We request Information from you for our own legilmace busies purposes and not for the benerd of any nonaffiliated party.Therefore,we will not release your Inforrnation to nonaffiliated parties ezcept(1)as necessary,for us to provide the product or service you have requested of us;or(2)as permuted by law.We may,however,store such information indefinitely,Including the period after which any customer relationship has ceased.Such information may be used for any Internal purpose,such as quality control efforts or wslomer analysis.We may also provide all of the types of nonpublic personal infoorati m Ilsted.above to ove or mare of our affillaled companies.Such affiliated companies include financial service providers,such as tilde insures,properly and casualty Insurers,and trust and immsbrerd advisory companies,or companies Involved in real estate services,such as appraisal companies,home ward My companies and escrow companies.Fudhem ore, we may also provide all the information we colkxt,as described above,to companies that perform mmkedrig services on our behalf,on behalf of our afflaced companies or to other financial institutions with wham we or our aRtlated companies have jolts marketing agreements. Fomner Customers Even If you are no longer our customer,our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts M ensure that no unauthorized parties have access W any M your Infoaration.We resbiot access to nonpublic:permm it information about you to those Individuals and whites who need to know that information to provide,products or services to you.We will use our best efforts to train and oversee our employees and agents to ensure that your intomation will be handled responsibly and In accordance with this Privacy Policy and First American's Fair Information Values.We currently overlain physical,electronic,and Procedural safeguards that comply with federal regulations to guard your nonpublic personal Information. Informatim Obtained Through Our Web She First American Financial Corporation Is sensitive W privacy Issues on the Irdemet We believe it a Important you know how we treat the Information about you we recedes:on the IMemet. In general,you an visa First Madman or as,affiliates'Web sites on the Wald Wide Web without being us who you are or revealing any infomaton about yourself.Our Web servers collect the domm names,not the email addresses,of visitors.This Information Is aggregated to measure the number of visits,average time spend on the site,pages viewed and similar information. First Amerion uses this Information to measure the use of our site and to develop Ideas to improve the content of our she. There are times,hovwwer,when we may need information from you,such as your name and mien address.When Information is needed,M will use our best efforts to let you know at the time of collation how we will use the personal information.Usually,the personal nfomation we collect is used only by us to respond to your Inqu y,Process an order or allow you to access specific acoound/profile information.If you choose to share any personal information with us,we will only use it in accordance with the policies outlined above. Business Relationships First American Financial Coryomthm's site and is affiliates sites may certain links to other Web sties While we try to link only to sites that share our high standards and respect for privacy,we are mot responsible for the content or the Privacy Practices employed by oho sites, cookies Some of First American's Web Was may make use of"cookie"technology to measure she activity and to customize Information to your personal tastes.A cookie is an element of data that a Web site an sent to your browser,which may then stare the coolde on your hard drive FirstAm.com uses stored cobldes.The goal of this technology is to tenter serve you when visiting our site,save you time when you are here and to provide you with a more meaningful and productive Web sue experience. Fair Information Values Fairness We consider consumer expectations about their privacy in all our businesses.We only offer products and services that assure a favorable balance between consumer benefits and consumer Privacy. Public Retard We believe that an open public record creates significant vake for society,enhances consumer choice and creates consumer opportunity.We actively support an open public record and emphashe its importance and wnMWtim to our economy. Use We believe we should behave responsibly when we use Information about a consumer In our business We will obey the laws governing the collection,use and dissemination of data. Accuracy We All take reasonable steps to help assure the acamcy of the data we collect use and disseminate.Where possible,we will take reasonable steps to correct Inaccurate infematim. When,as with the public record,we c mnat correct Inaccurate information,we will take all reasonable steps to assist consumers In Identifying the source a the erroneous data se that the consumer on secure the required corrections. education We endeave to educate the users of our products and services,our employees and others In our Industry about the importance of consumer privacy.We will Instruct our employees on our fair information values and on the responsible collection and use of data.We will encourage others in our industry to collect and use Information In a responsible manner. Security We will r almzin appropriate facilities and systems to protect against unauthorized access to and corruption of the data we maintain. Form 50-PRIVACY(811/09) Page 1 of 1 Privacy Information(2001-2010 First American Financial Corporation) Date: February 15, 2013 Escrow No.: 25313-MS Page 3 of 7: Additional instructions made a part of previous pages as fully incorporated therein. c) It does not maintain and staff a permanent office in California. For failure to withhold, the Buyer may become subject to a penalty in the amount equal to the greater of 10% of the amount required to be withheld or five hundred dollars ($500.00). For additional information, contact: FRANCHISE TAX BOARD, WITHHOLDING SERVICES AND COMPLIANCE SECTION, P.O. BOX 651. SACRAMENTO, CA 95812-0651, Phone (916) 845-4900 or Toll Free at (888) 792- 4900. I. FIRPTA: According to Section 1445 of the Internal Revenue Code of 1954, as amended (FIRPTA) the Buyer of said Property has been provided and will acknowledge receipt of an 'Affidavit of Disclosure', signed by the Seller, stating under penalty of perjury that Seller(s) is, or is not a foreign national. If the Seller(s) is (are) a foreign national, the Buyer may have an obligation to withhold 10% of the purchase price from Seller's proceeds, on behalf of the IRS. Buyer's execution of escrow instructions shall be deemed receipt of an 'Affidavit of Disclosure'. J. PRORATIONS: Prorate as of Close of Escrow Real Property taxes based on latest tax bill or on amount furnished by title company. (CONTINUED) Seller's Initials: / Buyer's Initials: / Date: February 15, 2013 Escrow No.: 25313-MS Page 4 of 7: Additional instructions made a part of previous pages as fully incorporated therein. ADDITIONAL ESCROW INSTRUCTIONS AND CONDITIONS 1. You are instructed to deposit all funds received by you with any state or national bank, state or federal savings bank, or state of federal savings and loan association, in trust account in the name of escrow holder,without any liability for payment of interest. The funds may be withdrawn by you and disbursed according to the instructions of the parties. All deposits made by personal check, cashier's check, certified check or deposit other than cash or wire transfer are subject to clearance and payment by financial institution on which drawn. All disbursements are to be made by check or escrow holder form the trust account. Neither you nor any of your employees will identify any payee or guarantee signatures of any person or entity at any financial institution. Funds deposited into escrow in the farm of a check, draft, or similar instrument will be identified as collected funds when the escrow holder's financial institution confirms that the funds are available for disbursement. 2. Your duty is to act as escrow holder only and does not commence and escrow shall not be deemed opened until mutual escrow instructions signed by all parties are received by you. Until mutually executed escrow instructions are received, either party may unilaterally revoke these instructions by written request delivered to you and may withdraw any funds, instruments, documents or items previously handed to you. 3. All prorations and adjustments are to be made on the basis of a thirty(30)day month unless otherwise instructed in writing by all parties. For proration purposes, the Buyer will have ownership of the real property which is the subject of this escrow for the entire day, regardless of the hour of recording. The"close of escrow"with reference to prorations, adjustments and all purposes in this escrow shall be the day the instruments of conveyance are recorded or filed with the county recorder. 4. Any funds disbursed during or on the close of escrow will be issued jointly to the parties designated as payees unless you are instructed otherwise in writing by all designated payees. The funds representing loan and/or sale proceeds will be disbursed jointly to all persons who were the record owners of the real property which is the subject of the escrow. All disbursements of funds and/or delivery of other documents or instruments concerning this escrow will be mailed to the entitled parties by regular first-class mail, postage prepaid, at their respective addresses shown on file. However, at your discretion, you may send funds and/or other instruments or documents by certified or registered mail,federal express, messenger or facsimile machine, in which case the party for whom the delivery was made agrees to pay the costs. The provisions of this paragraph include, but are not limited to, request for demand statements, requests for beneficiary statements, request for homeowners'association statements or any other requests as you may deem necessary for the timely closing of this escrow. You are to instruct the county recorder to mail recorded documents to the entitled parties at their respective addresses. You are to instruct the title company to mail the title policy(s)to the Lender(s) or Buyer(s)as appropriate. 5. In addition to other costs and charges set forth in escrow instructions, Seller agrees to pay on demand,whether or not this escrow closes, all expenses and charges incurred by you on Seller's behalf, including, but not limited to, charges for preliminary title reports, title commitments, policies of title insurance, beneficiary statements, beneficiary demands, offset statements, documentary transfer tax stamps, preparation of, notarizing and recording of documents necessary in Seller's behalf, one-half(1/2)of sub-escrow fee, Seller's escrow fee and other costs as charged. In addition to the other costs and charges set forth in these escrow instructions, Buyer agrees to pay on demand,whether or not this escrow closes, all expenses and charges incurred by you on Buyer's behalf, including, but not limited to, recording fees, preparation of notarizing and recording trust deed(s)and other documents on Buyer's behalf, new loan charges, existing loan assumption transfer fees, one-half(1/2)of sub-escrow fees, Lender's policy of title insurance, fire insurance premiums, Buyer's escrow fee and other costs as charged. 6. NOTWITHSTANDING ANY PROVISIONS TO THE CONTRARY CONTAINED IN THESE ESCROW INSTRUCTIONS OR SUPPLEMENTS OR AMENDMENTS, ESCROW HOLDER SHALL NOT BE RESPONSIBLE FOR THE SUFFICIENCY,VALIDITY OR CORRECTNESS OF ANY SIGNATURE OF ANY PRINCIPAL TO THIS ESCROW OR ANY THIRD PARTY TO THIS ESCROW, NOR FOR THE SUFFICIENCY OR CORRECTNESS AS TO FORM, MANNER OF EXECUTION OR VALIDITY OF ANY DOCUMENTS DEPOSITED IN THIS ESCROW, NOR AS TO THE IDENTITY,AUTHORITY, OR RIGHT OF ANY PERSONS EXECUTING THE SAME, EITHER AS TO DOCUMENTS OF RECORD OR THOSE HANDLED IN THIS ESCROW. SHOULD THE PARTIES DESIRE THAT YOU VERIFY THE SIGNATURES ON INSTRUCTIONS,RECEIVED BY YOU,THE PARTY(IES)WITHOUT FURTHER INSTRUCTIONS AUTHORIZED THE PAYMENT OF AN ESCROW FEE COMPUTED AT TWO TIMES YOUR REGULAR ESCROW FEE AND WILL DELIVER SEPARATE WRITTEN ESCROW INSTRUCTIONS SPECIFICALLY INSTRUCTING YOU TO DO SO. 7. You shall not be responsible for the following: (1) the sufficiency or correctness as to form, manner of execution or validity of any documents deposited in this escrow; (2)the identity, authority, or right of any person executing the same, either as to documents of record of those handled in this escrow; or(3)the failure of any party to comply with any of the provisions of any agreement, contract or other instrument filed or deposited in this escrow or referred to in these escrow instructions. Your duties shall be limited to the safekeeping of money and documents received by you as escrow holder and for the disposition in compliance with the written instructions accepted by you in this escrow. You shall not be required to take any action regarding the collection, maturity, or apparent outlaw of any obligations deposited with you unless otherwise instructed in writing. 8. You are not to be held responsible in any way whatsoever for any personal property tax which may be assessed against any former or present owner of the subject property described in these escrow instructions, nor for the corporation or license tax of any corporation as a former or present owner. 9. If it is necessary, proper or convenient for the consummation of this escrow, you are authorized to deposit or have deposited funds or documents, or both, handed you under these escrow instructions with any duly authorized sub-escrow agent, including, but not limited to, any bank,trust company,title insurance company,title company, savings and loan association, or licensed escrow agent, subject to your order at or before close of escrow in connection with closing this escrow. Any such deposit shall be deemed a deposit under the meaning of these escrow instructions. 10. The parties to this escrow have satisfied themselves outside of escrow that the transaction covered by this escrow is not in violation of the Subdivision Map Act or any law regulating land division,zoning ordinances or building restrictions which may affect the land or improvements that are the subject of this escrow. You, as escrow holder, are relieved of all responsibility and liability in connection with such laws, ordinances, restrictions or regulations and are not to be concerned with any of their enforcement. 11. If any form of Purchase Agreement or amendment or supplement(collectively"Purchase Agreement") is deposited in this escrow, it is understood that such document shall be effective only as between the parties signing the Purchase Agreement. You, as escrow holder, are not to be concerned with the terms of any Purchase Agreement and are relieved of all responsibility and liability for the enforcement of its terms. Your only duty is to comply with the instructions set forth in the escrow instructions. You are not (CONTINUED) ,,,,,,,,,(((►►► Seller's Initials: / Buyer's Initials: Date: February 15, 2013 Escrow No.: 25313-MS Page 4 of 7: Additional instructions made a part of previous pages as fully incorporated therein. ADDITIONAL ESCROW INSTRUCTIONS AND CONDITIONS 1. You are instructed to deposit all funds received by you with any state or national bank, state or federal savings bank, or state of federal savings and loan association, in trust account in the name of escrow holder,without any liability for payment of interest. The funds may be withdrawn by you and disbursed according to the instructions of the parties. All deposits made by personal check, cashier's check, certified check or deposit other than cash or wire transfer are subject to clearance and payment by financial institution on which drawn. All disbursements are to be made by check or escrow holder form the trust account. Neither you nor any of your employees will identify any payee or guarantee signatures of any person or entity at any financial institution. Funds deposited into escrow in the farm of a check, draft, or similar instrument will be identified as collected funds when the escrow holder's financial institution confirms that the funds are available for disbursement. 2. Your duty is to act as escrow holder only and does not commence and escrow shall not be deemed opened until mutual escrow instructions signed by all parties are received by you. Until mutually executed escrow instructions are received, either party may unilaterally revoke these instructions by written request delivered to you and may withdraw any funds, instruments, documents or items previously handed to you. 3. All prorations and adjustments are to be made on the basis of a thirty(30)day month unless otherwise instructed in writing by all parties. For proration purposes, the Buyer will have ownership of the real property which is the subject of this escrow for the entire day, regardless of the hour of recording. The"close of escrow"with reference to prorations, adjustments and all purposes in this escrow shall be the day the instruments of conveyance are recorded or filed with the county recorder. 4. Any funds disbursed during or on the close of escrow will be issued jointly to the parties designated as payees unless you are instructed otherwise in writing by all designated payees. The funds representing loan and/or sale proceeds will be disbursed jointly to all persons who were the record owners of the real property which is the subject of the escrow. All disbursements of funds and/or delivery of other documents or instruments concerning this escrow will be mailed to the entitled parties by regular first-class mail, postage prepaid, at their respective addresses shown on file. However, at your discretion, you may send funds and/or other instruments or documents by certified or registered mail,federal express, messenger or facsimile machine, in which case the party for whom the delivery was made agrees to pay the costs. The provisions of this paragraph include, but are not limited to, request for demand statements, requests for beneficiary statements, request for homeowners'association statements or any other requests as you may deem necessary for the timely closing of this escrow. You are to instruct the county recorder to mail recorded documents to the entitled parties at their respective addresses. You are to instruct the title company to mail the title policy(s)to the Lender(s) or Buyer(s)as appropriate. 5. In addition to other costs and charges set forth in escrow instructions, Seller agrees to pay on demand,whether or not this escrow closes, all expenses and charges incurred by you on Seller's behalf, including, but not limited to, charges for preliminary title reports, title commitments, policies of title insurance, beneficiary statements, beneficiary demands, offset statements, documentary transfer tax stamps, preparation of, notarizing and recording of documents necessary in Seller's behalf, one-half(1/2)of sub-escrow fee, Seller's escrow fee and other costs as charged. In addition to the other costs and charges set forth in these escrow instructions, Buyer agrees to pay on demand,whether or not this escrow closes, all expenses and charges incurred by you on Buyer's behalf, including, but not limited to, recording fees, preparation of notarizing and recording trust deed(s)and other documents on Buyer's behalf, new loan charges, existing loan assumption transfer fees, one-half(1/2)of sub-escrow fees, Lender's policy of title insurance, fire insurance premiums, Buyer's escrow fee and other costs as charged. 6. NOTWITHSTANDING ANY PROVISIONS TO THE CONTRARY CONTAINED IN THESE ESCROW INSTRUCTIONS OR SUPPLEMENTS OR AMENDMENTS, ESCROW HOLDER SHALL NOT BE RESPONSIBLE FOR THE SUFFICIENCY,VALIDITY OR CORRECTNESS OF ANY SIGNATURE OF ANY PRINCIPAL TO THIS ESCROW OR ANY THIRD PARTY TO THIS ESCROW, NOR FOR THE SUFFICIENCY OR CORRECTNESS AS TO FORM, MANNER OF EXECUTION OR VALIDITY OF ANY DOCUMENTS DEPOSITED IN THIS ESCROW, NOR AS TO THE IDENTITY,AUTHORITY, OR RIGHT OF ANY PERSONS EXECUTING THE SAME, EITHER AS TO DOCUMENTS OF RECORD OR THOSE HANDLED IN THIS ESCROW. SHOULD THE PARTIES DESIRE THAT YOU VERIFY THE SIGNATURES ON INSTRUCTIONS,RECEIVED BY YOU,THE PARTY(IES)WITHOUT FURTHER INSTRUCTIONS AUTHORIZED THE PAYMENT OF AN ESCROW FEE COMPUTED AT TWO TIMES YOUR REGULAR ESCROW FEE AND WILL DELIVER SEPARATE WRITTEN ESCROW INSTRUCTIONS SPECIFICALLY INSTRUCTING YOU TO DO SO. 7. You shall not be responsible for the following: (1) the sufficiency or correctness as to form, manner of execution or validity of any documents deposited in this escrow; (2)the identity, authority, or right of any person executing the same, either as to documents of record of those handled in this escrow; or(3)the failure of any party to comply with any of the provisions of any agreement, contract or other instrument filed or deposited in this escrow or referred to in these escrow instructions. Your duties shall be limited to the safekeeping of money and documents received by you as escrow holder and for the disposition in compliance with the written instructions accepted by you in this escrow. You shall not be required to take any action regarding the collection, maturity, or apparent outlaw of any obligations deposited with you unless otherwise instructed in writing. 8. You are not to be held responsible in any way whatsoever for any personal property tax which may be assessed against any former or present owner of the subject property described in these escrow instructions, nor for the corporation or license tax of any corporation as a former or present owner. 9. If it is necessary, proper or convenient for the consummation of this escrow, you are authorized to deposit or have deposited funds or documents, or both, handed you under these escrow instructions with any duly authorized sub-escrow agent, including, but not limited to, any bank,trust company,title insurance company,title company, savings and loan association, or licensed escrow agent, subject to your order at or before close of escrow in connection with closing this escrow. Any such deposit shall be deemed a deposit under the meaning of these escrow instructions. 10. The parties to this escrow have satisfied themselves outside of escrow that the transaction covered by this escrow is not in violation of the Subdivision Map Act or any law regulating land division,zoning ordinances or building restrictions which may affect the land or improvements that are the subject of this escrow. You, as escrow holder, are relieved of all responsibility and liability in connection with such laws, ordinances, restrictions or regulations and are not to be concerned with any of their enforcement. 11. If any form of Purchase Agreement or amendment or supplement(collectively"Purchase Agreement") is deposited in this escrow, it is understood that such document shall be effective only as between the parties signing the Purchase Agreement. You, as escrow holder, are not to be concerned with the terms of any Purchase Agreement and are relieved of all responsibility and liability for the enforcement of its terms. Your only duty is to comply with the instructions set forth in the escrow instructions. You are not (CONTINUED) ,,,,,,,,,(((►►► Seller's Initials: / Buyer's Initials: Date: February 15, 2013 Escrow No.: 25313-MS Page 6 of 7: Additional instructions made a part of previous pages as fully incorporated therein. 29. The parties agree that you have the responsibilities of an escrow holder only and there are no other legal relationships established in the terms and conditions of the escrow instructions. In connection with this escrow: (1)you shall have no duty or responsibility of notifying any of the parties to this escrow of any sale, resale, loan, exchange or other transaction involving any of the subject real property or personal property; (2)you shall have no responsibility or duty to disclose any benefit, including, but not limited to financial gain, realized by any person,firm or corporation involving any of the subject real property or personal property; and (3)you shall have no responsibility or duty to disclose any profit realized by any person,firm or corporation including, but not limited to, any real estate broker, real estate sales agent and/or a party to any other escrow, in connection therewith, although such other transaction may be handled by you in this escrow or in another escrow transaction. If, however,you are instructed in writing by any party. Lender or other entitled person to disclose any sale, resale, loan, exchange or other transaction involving any of the subject real property or personal property or any profit realized by any person,firm or corporation to any party to this escrow, you shall do so without incurring any liability to any party. You shall not be liable for any of your acts or omissions done in good faith nor for any claims, demands, losses or damages made or suffered by any party to this escrow, excepting such as may arise through or be caused by you willful neglect or gross misconduct. 30. Buyer acknowledges that pursuant to the California Revenue&Taxation Code a Change of Ownership form is required by the county recorder to be completed and affixed to any documents submitted for recording which evidence a conveyance of title. The Change of Ownership form shall be furnished to Buyer by you for Buyer's completion and execution. Buyer is aware that if Buyer does not complete the form in full, sign and return it to you before closing, a penalty will be assessed by the county recorder. If the Change of Ownership form is not filed after the close of escrow within the time limits set forth by the county recorder, severe additional penalties will be assessed against the Buyer. FOR INFORMATION AND ASSISTANCE IN COMPLETING THE CHANGE OF OWNERSHIP FORM, BUYER MAY CONTACT THE COUNTY RECORDER AND ASSESSORS OFFICES IN THE COUNTY IN WHICH THE SUBJECT PROPERTY IS LOCATED. 31. Notwithstanding any other provisions in these escrow instructions and in addition to other fees and cost to which you may be entitled, the parties,jointly and severally, agree that if this escrow is not consummated within ninety(90)days of the date set for closing,you are instructed to, and without further instructions,withhold your escrow hold open fee of$50.00 per month from the funds on deposit with you regardless of who deposited such funds. The parties,jointly and severally,further agree that if you,for any reason, required to hold funds after close of escrow, you are instructed to, and without further instructions,withhold an escrow fee of $50.00 per month from the funds on deposit with you regardless of who deposited such funds. The parties irrevocably instruct you to automatically cancel this file without further instructions when all funds on deposit have been disbursed. 32. Your escrow holder agency shall terminate six(6) months following date last set for close of escrow and shall be subject to earlier termination by receipt by you of mutually executed cancellation instructions. If this escrow was not closed or cancelled within the described six (6) month period, you shall have no further obligation as escrow holder except to disburse funds and documents pursuant to written escrow instructions and to interplead or otherwise dispose of funds and documents in accordance with a validly issued and validly served order from a court of competent jurisdiction. If the conditions of this escrow have not been complied with at the expiration date in these escrow instructions, you are instructed to complete the conditions at the earliest possible date, unless Buyer or Seller have made written demand upon you for the return of the funds and/or instruments deposited by Buyer or Seller and/or for cancellation of this escrow. Should demands be made upon you, you may withhold and stop all further proceedings in this escrow without liability for interest on funds held or for damages until mutual cancellation instructions signed by all parties shall have been deposited with you. The parties,jointly and severally, agree that if this escrow cancels or is otherwise terminated and not closed, the parties shall pay for any cost and expenses which you have incurred or have.become obligated for under these escrow instructions, including, but not limited to, attorneys'fees,arbitration fees and costs and reasonable escrow fees for the services rendered by you, the parties agree that such cost and expenses shall be paid and deposited in escrow before any cancellation or other termination of this escrow is effective. The parties agree that said charges for expenses, costs, and fees may be apportioned between Buyer and Seller in a manner which, in your sole discretion, you consider equitable, and that your decision will be binding and conclusive upon the parties. Upon receipt of mutual cancellation instructions of a final order orjudgement of a court of competent jurisdiction with accompanying writs of execution, levies or garnishments,you are instructed to disburse the escrow funds and instruments in accordance with such cancellation instructions, order or judgment and accompanying writ and this escrow shall,without further notice, be considered terminated and cancelled. 33. The parties shall cooperate with you in carrying out the escrow instruction they deposit with you and completing this escrow. The parties shall deposit into escrow, upon request, any additional funds, instruments, documents, instructions, authorizations, or other items that are reasonably necessary to enable you to comply with demands made on you by third parties,to secure policies of title insurance, or to otherwise carry out the terms of their instructions and close this escrow. If conflicting demands or notices are made or served upon you or any controversy arises between the parties or with any third person arising out of or relating to this escrow,you shall have the absolute right to withhold and stop all further proceedings in, and in performance of,this escrow until you receive written notification satisfactory to you of the settlement of the controversy by written agreement of the parties, or by the final order or judgement of a court of competent jurisdiction. All of the parties to this escrow,jointly and severally, promise to pay promptly on demand, as well as to indemnify you and to hold you harmless from and against all administrative governmental investigation, audit and legal fees, litigation and interpleader costs, damages,judgments, attorneys'fees, arbitration costs and fees, expenses, obligations and liabilities of every kind (collectively"costs")which in good faith you may incur or suffer in connection with or arising out of this escrow,whether said costs arise during the performance of or subsequent to this escrow,directly or indirectly, and whether at trial, on appeal, in administrative action, or in an arbitration. You are given a lien upon all the rights,titles and interests of the parties and all escrow papers and other property and monies deposited into this escrow to protect your rights and to indemnify and reimburse you. If the parties do not pay any fees, costs or expenses due you under the escrow instructions or do not pay for costs and attorneys'fees incurred in any litigation, administrative action and/or arbitration, on demand,they each agree to pay a reasonable fee for any attorney services which may be required to collect such fees or expenses, whether attorneys'fees are incurred before trial, at trial, on appeal or in arbitration. 34. ALL NOTICES, DEMANDS AND INSTRUCTIONS MUST BE IN WRITING. No notice, demand, instruction, amendment, supplement or modification of these escrow instructions shall be of any effect in this escrow until delivered in writing to you and mutually executed by all parties. AS SET FORTH ABOVE, YOU HAVE NO DUTY TO AND SHALL NOT VERIFY THE SIGNATURES OF ANY PARTIES OF NON-PARTIES UNLESS FURTHER WRITTEN ESCROW INSTRUCTIONS TO DO SO ARE RECEIVED AND THE ADDITIONAL ESCROW FEES ARE DEPOSITED. Any purported oral instruction, amendment, supplement, modification, notice or demand deposited with you by the parties or either of them shall be ineffective and invalid. You are to be concerned only with the directives expressly set forth in the escrow instructions, supplements and amendments thereto, and are not to be concerned with nor liable for items designated as"memorandum items" in the escrow instructions. 35. These escrow instructions may be executed in counterparts, each of which shall be deemed an original regardless of the date (CONTINUED) Seller's Initials: / Buyer's Initials: Date: February 15, 2013 Escrow No.: 25313-MS Page 6 of 7: Additional instructions made a part of previous pages as fully incorporated therein. 29. The parties agree that you have the responsibilities of an escrow holder only and there are no other legal relationships established in the terms and conditions of the escrow instructions. In connection with this escrow: (1)you shall have no duty or responsibility of notifying any of the parties to this escrow of any sale, resale, loan, exchange or other transaction involving any of the subject real property or personal property; (2)you shall have no responsibility or duty to disclose any benefit, including, but not limited to financial gain, realized by any person,firm or corporation involving any of the subject real property or personal property; and (3)you shall have no responsibility or duty to disclose any profit realized by any person,firm or corporation including, but not limited to, any real estate broker, real estate sales agent and/or a party to any other escrow, in connection therewith, although such other transaction may be handled by you in this escrow or in another escrow transaction. If, however,you are instructed in writing by any party. Lender or other entitled person to disclose any sale, resale, loan, exchange or other transaction involving any of the subject real property or personal property or any profit realized by any person,firm or corporation to any party to this escrow, you shall do so without incurring any liability to any party. You shall not be liable for any of your acts or omissions done in good faith nor for any claims, demands, losses or damages made or suffered by any party to this escrow, excepting such as may arise through or be caused by you willful neglect or gross misconduct. 30. Buyer acknowledges that pursuant to the California Revenue&Taxation Code a Change of Ownership form is required by the county recorder to be completed and affixed to any documents submitted for recording which evidence a conveyance of title. The Change of Ownership form shall be furnished to Buyer by you for Buyer's completion and execution. Buyer is aware that if Buyer does not complete the form in full, sign and return it to you before closing, a penalty will be assessed by the county recorder. If the Change of Ownership form is not filed after the close of escrow within the time limits set forth by the county recorder, severe additional penalties will be assessed against the Buyer. FOR INFORMATION AND ASSISTANCE IN COMPLETING THE CHANGE OF OWNERSHIP FORM, BUYER MAY CONTACT THE COUNTY RECORDER AND ASSESSORS OFFICES IN THE COUNTY IN WHICH THE SUBJECT PROPERTY IS LOCATED. 31. Notwithstanding any other provisions in these escrow instructions and in addition to other fees and cost to which you may be entitled, the parties,jointly and severally, agree that if this escrow is not consummated within ninety(90)days of the date set for closing,you are instructed to, and without further instructions,withhold your escrow hold open fee of$50.00 per month from the funds on deposit with you regardless of who deposited such funds. The parties,jointly and severally,further agree that if you,for any reason, required to hold funds after close of escrow, you are instructed to, and without further instructions,withhold an escrow fee of $50.00 per month from the funds on deposit with you regardless of who deposited such funds. The parties irrevocably instruct you to automatically cancel this file without further instructions when all funds on deposit have been disbursed. 32. Your escrow holder agency shall terminate six(6) months following date last set for close of escrow and shall be subject to earlier termination by receipt by you of mutually executed cancellation instructions. If this escrow was not closed or cancelled within the described six (6) month period, you shall have no further obligation as escrow holder except to disburse funds and documents pursuant to written escrow instructions and to interplead or otherwise dispose of funds and documents in accordance with a validly issued and validly served order from a court of competent jurisdiction. If the conditions of this escrow have not been complied with at the expiration date in these escrow instructions, you are instructed to complete the conditions at the earliest possible date, unless Buyer or Seller have made written demand upon you for the return of the funds and/or instruments deposited by Buyer or Seller and/or for cancellation of this escrow. Should demands be made upon you, you may withhold and stop all further proceedings in this escrow without liability for interest on funds held or for damages until mutual cancellation instructions signed by all parties shall have been deposited with you. The parties,jointly and severally, agree that if this escrow cancels or is otherwise terminated and not closed, the parties shall pay for any cost and expenses which you have incurred or have.become obligated for under these escrow instructions, including, but not limited to, attorneys'fees,arbitration fees and costs and reasonable escrow fees for the services rendered by you, the parties agree that such cost and expenses shall be paid and deposited in escrow before any cancellation or other termination of this escrow is effective. The parties agree that said charges for expenses, costs, and fees may be apportioned between Buyer and Seller in a manner which, in your sole discretion, you consider equitable, and that your decision will be binding and conclusive upon the parties. Upon receipt of mutual cancellation instructions of a final order orjudgement of a court of competent jurisdiction with accompanying writs of execution, levies or garnishments,you are instructed to disburse the escrow funds and instruments in accordance with such cancellation instructions, order or judgment and accompanying writ and this escrow shall,without further notice, be considered terminated and cancelled. 33. The parties shall cooperate with you in carrying out the escrow instruction they deposit with you and completing this escrow. The parties shall deposit into escrow, upon request, any additional funds, instruments, documents, instructions, authorizations, or other items that are reasonably necessary to enable you to comply with demands made on you by third parties,to secure policies of title insurance, or to otherwise carry out the terms of their instructions and close this escrow. If conflicting demands or notices are made or served upon you or any controversy arises between the parties or with any third person arising out of or relating to this escrow,you shall have the absolute right to withhold and stop all further proceedings in, and in performance of,this escrow until you receive written notification satisfactory to you of the settlement of the controversy by written agreement of the parties, or by the final order or judgement of a court of competent jurisdiction. All of the parties to this escrow,jointly and severally, promise to pay promptly on demand, as well as to indemnify you and to hold you harmless from and against all administrative governmental investigation, audit and legal fees, litigation and interpleader costs, damages,judgments, attorneys'fees, arbitration costs and fees, expenses, obligations and liabilities of every kind (collectively"costs")which in good faith you may incur or suffer in connection with or arising out of this escrow,whether said costs arise during the performance of or subsequent to this escrow,directly or indirectly, and whether at trial, on appeal, in administrative action, or in an arbitration. You are given a lien upon all the rights,titles and interests of the parties and all escrow papers and other property and monies deposited into this escrow to protect your rights and to indemnify and reimburse you. If the parties do not pay any fees, costs or expenses due you under the escrow instructions or do not pay for costs and attorneys'fees incurred in any litigation, administrative action and/or arbitration, on demand,they each agree to pay a reasonable fee for any attorney services which may be required to collect such fees or expenses, whether attorneys'fees are incurred before trial, at trial, on appeal or in arbitration. 34. ALL NOTICES, DEMANDS AND INSTRUCTIONS MUST BE IN WRITING. No notice, demand, instruction, amendment, supplement or modification of these escrow instructions shall be of any effect in this escrow until delivered in writing to you and mutually executed by all parties. AS SET FORTH ABOVE, YOU HAVE NO DUTY TO AND SHALL NOT VERIFY THE SIGNATURES OF ANY PARTIES OF NON-PARTIES UNLESS FURTHER WRITTEN ESCROW INSTRUCTIONS TO DO SO ARE RECEIVED AND THE ADDITIONAL ESCROW FEES ARE DEPOSITED. Any purported oral instruction, amendment, supplement, modification, notice or demand deposited with you by the parties or either of them shall be ineffective and invalid. You are to be concerned only with the directives expressly set forth in the escrow instructions, supplements and amendments thereto, and are not to be concerned with nor liable for items designated as"memorandum items" in the escrow instructions. 35. These escrow instructions may be executed in counterparts, each of which shall be deemed an original regardless of the date (CONTINUED) Seller's Initials: / Buyer's Initials: FXFff BIT "A" LEGAL DESCRIPTION Real property in the unincorporated area of the County of Riverside, State of California, described as follows: PARCEL 1: (PORTION OF APN 669-230-010-7 AND 669-230-011-8) THAT PORTION OF SECTION 29, TOWNSHIP 3 SOUTH, RANGE 4 EAST, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS; BEGINNING AT THE INTERSECTION OF THE WEST LINE OF SAID SECTION 29 WITH THE SOUTHWESTERLY LINE OF THE LAND DESCRIBED IN THE DEED TO THE STATE OF CALIFORNIA, RECORDED FEBRUARY 3, 1948 AS INSTRUMENT NUMBER 305 IN BOOK 891 PAGES 247 TO 249 OF OFFICIAL RECORDS OF SAID RIVERSIDE COUNTY; THENCE ALONG THE LINES OF THE LAND DESCRIBED IN SAID DEED TO THE STATE OF CALIFORNIA, SOUTH 540 34' EAST, 2084.69 FEET,AND SOUTH 35° 26' WEST, 200 FEET, THENCE CONTINUING ALONG THE LINES OF THE LAND DESCRIBED IN SAID DEED TO THE STATE OF CALIFORNIA, BEING A CURVE TO THE RIGHT WITH A RADIUS OF 9650 FEET THROUGH AN ANGLE OF 60 12', A DISTANCE OF 1044.23 FEET TO THE TRUE POINT OF BEGINNING OF THE LAND BEING HEREBY DESCRIBED; THENCE CONTINUING ALONG THE LINES OF THE LAND DESCRIBED IN SAID DEED TO THE STATE OF CALIFORNIA, NORTH 41° 38' EAST, 200 FEET AND SOUTH 48° 22' EAST, 673.05 FEET; THENCE SOUTH 410 38'WEST, 330 FEET; THENCE NORTH 48° 22'WEST, 606.81 FEET; THENCE NORTH 140 38' EAST 145.90 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 2: (PORTION OF APN 669-230-010-7 AND 669-230-011-8) THAT PORTION OF SECTION 29, TOWNSHIP 3 SOUTH, RANGE 4 EAST, SAN BERNARDINO BASE AND MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE WEST LINE OF SAID SECTION 29 WITH THE SOUTHWESTERLY LINE OF THAT CERTAIN PARCEL OF LAND CONVEYED TO THE STATE OF CALIFORNIA BY DEED RECORDED FEBRUARY 3, 1948 AS INSTRUMENT NUMBER 305 IN BOOK 891 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA,AT PAGES 247 THROUGH 249 THEREOF; THENCE SOUTH 54° 34' EAST, A DISTANCE OF 2084.69 FEET; THENCE SOUTH 350 26'WEST,A DISTANCE OF 200.00 FEET TO THE BEGINNING OF A CURVE, CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 9650.00 FEET, FROM WHICH THE CENTER OF SAID CURVE BEARS SOUTH 35° 26' EAST; THENCE SOUTHEASTERLY ALONG SAID CURVE,TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 060 12',AN ARC DISTANCE OF 1044.23 FEET TO THE END THEREOF, SAID POINT BEING AN ANGLE POINT IN THE WESTERLY LINE OF THAT CERTAIN PARCEL OF LAND CONVEYED TO DANA B. HORN AND JACQUES S. YEAGER BY INSTRUMENT NO. 86602, RECORDED OCTOBER 10, 1961, IN THE OFFICE OF THE RECORDER OF RIVERSIDE COUNTY, CALIFORNIA; THE LAST THREE COURSES AND DISTANCES FOLLOW ALONG THE BOUNDARY LINE OF THE PARCEL CONVEYED TO THE STATE OF CALIFORNIA AS AFORESAID;THENCE SOUTH 140 38' WEST ALONG THE WESTERLY LINE OF THE PARCEL CONVEYED TO HORN AND YEAGER AS AFORESAID, A DISTANCE OF 145.90 FEET TO THE MOST WESTERLY CORNER THEREOF, FOR THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 140 38' WEST A DISTANCE OF 276.10 FEET; THENCE SOUTH 060 52' EAST, A DISTANCE OF 272.00 FEET, THENCE SOUTH 260 22' EAST, A DISTANCE OF 180.00 FEET; THENCE SOUTH 060 52' EAST, A DISTANCE OF 105.00 FEET; THENCE NORTH 880 38' EAST,A DISTANCE OF 315.00 FEET; THENCE NORTH 100 18' 20" WEST,A DISTANCE OF 565.15 FEET TO A POINT ON THE SOUTHWESTERLY LINE OF THE PARCEL CONVEYED TO HORNER AND YEAGER AS Page 1 of 3 AFORESAID; THENCE NORTH 480 22' WEST ALONG SAID SOUTHWESTERLY LINE, A DISTANCE OF 360.00 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 3: (PORTION OF APN 669-230-011-8) THAT PORTION OF SECTION 29,TOWNSHIP 3 SOUTH, RANGE 4 EAST, SAN BERNARDINO BASE AND MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE WEST LINE OF SAID SECTION 29 WITH THE SOUTHWESTERLY LINE OF THAT CERTAIN PARCEL OF LAND CONVEYED TO THE STATE OF CALIFORNIA BY DEED RECORDED FEBRUARY 3, 1948 AS INSTRUMENT NUMBER 305 IN BOOK 891 PAGES 247 THROUGH 249 THEREOF OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; THENCE SOUTH 540 34' EAST, A DISTANCE OF 2084.69 FEET; THENCE SOUTH 350 26' WEST,A DISTANCE OF 200.00 FEET TO THE BEGINNING OF A CURVE, CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 9650.00 FEET, FROM WHICH THE CENTER OF SAID CURVE BEARS SOUTH 350 26' WEST; THENCE SOUTHEASTERLY ALONG SAID CURVE,TO THE RIGHT,THROUGH A CENTRAL ANGLE OF 060 12', AN ARC DISTANCE OF 1044.23 FEET TO THE END THEREOF, SAID POINT BEING AN ANGLE POINT IN THE WESTERLY LINE OF THAT CERTAIN PARCEL OF LAND CONVEYED TO DANA B. HORN AND JACQUES S. YEAGER, BY INSTRUMENT NO. 86602, RECORDED OCTOBER 10, 1961, IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY, CALIFORNIA; THE LAST THREE COURSES AND DISTANCES FOLLOW ALONG THE BOUNDARY LINE OF THE PARCEL CONVEYED TO THE STATE OF CALIFORNIA AS AFORESAID; THENCE SOUTH 140 38'WEST ALONG THE WESTERLY LINE OF THE PARCEL CONVEYED TO HORN AND YEAGER AS AFORESAID, A DISTANCE OF 145.90 FEET TO THE MOST WESTERLY CORNER THEREOF, SAID POINT BEING THE MOST BEING THE MOST NORTHERLY CORNER OF THAT CERTAIN PARCEL OF LAND CONVEYED TO DANA B. HORN AND JACQUES S.YEAGER BY INSTRUMENT NO. 3842, RECORDED JANUARY 15, 1962, IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY, CALIFORNIA; THENCE SOUTH 480 22' EAST ALONG THE SOUTHWESTERLY LINE OF THE PARCEL CONVEYED TO HORN AND YEAGER AS FIRST MENTIONED ABOVE,A DISTANCE OF 606.81 FEET TO THE MOST SOUTHERLY CORNER THEREOF; THENCE NORTH 410 38' EAST ALONG THE SOUTHEASTERLY LINE OF THE PARCEL SO CONVEYED,A DISTANCE OF 330.00 FEET TO THE MOST EASTERLY CORNER THEREOF; THENCE SOUTH 480 22' EAST, A DISTANCE OF 239.00 FEET FOR THE TRUE POINT OF BEGINNING; THENCE NORTH 480 22' WEST, A DISTANCE 239.00 FEET; THENCE SOUTH 410 38' WEST, A DISTANCE OF 330.00 FEET; THENCE NORTH 480 22' WEST,A DISTANCE OF 246.81 FEET TO AN ANGLE POINT IN THE BOUNDARY LINE OF SAID PARCEL CONVEYED TO HORN AND YEAGER BY INSTRUMENT NO. 3842, RECORDED JANUARY 15, 1962; THE LAST TWO COURSES AND DISTANCES FOLLOW THE BOUNDARY LINE OF SAID PARCEL CONVEYED TO HORN AND YEAGER BY DEED RECORDED AS INSTRUMENT NO. 86602, RECORDED OCTOBER 10, 1961; THENCE SOUTH 100 18' 20" EAST,A DISTANCE OF 565.15 FEET; THENCE SOUTH 880 38'WEST,A DISTANCE OF 315.00 FEET TO THE MOST SOUTHERLY CORNER OF SAID PARCEL CONVEYED TO HORN AND YEAGER BY INSTRUMENT NO. 3842, RECORDED JANUARY 15, 1962; THE LAST TWO COURSES AND DISTANCES FOLLOW THE BOUNDARY LINE OF SAID PARCEL; Page 2 of 3 AFORESAID; THENCE NORTH 480 22' WEST ALONG SAID SOUTHWESTERLY LINE, A DISTANCE OF 360.00 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 3: (PORTION OF APN 669-230-011-8) THAT PORTION OF SECTION 29,TOWNSHIP 3 SOUTH, RANGE 4 EAST, SAN BERNARDINO BASE AND MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE WEST LINE OF SAID SECTION 29 WITH THE SOUTHWESTERLY LINE OF THAT CERTAIN PARCEL OF LAND CONVEYED TO THE STATE OF CALIFORNIA BY DEED RECORDED FEBRUARY 3, 1948 AS INSTRUMENT NUMBER 305 IN BOOK 891 PAGES 247 THROUGH 249 THEREOF OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; THENCE SOUTH 540 34' EAST, A DISTANCE OF 2084.69 FEET; THENCE SOUTH 350 26' WEST,A DISTANCE OF 200.00 FEET TO THE BEGINNING OF A CURVE, CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 9650.00 FEET, FROM WHICH THE CENTER OF SAID CURVE BEARS SOUTH 350 26' WEST; THENCE SOUTHEASTERLY ALONG SAID CURVE,TO THE RIGHT,THROUGH A CENTRAL ANGLE OF 060 12', AN ARC DISTANCE OF 1044.23 FEET TO THE END THEREOF, SAID POINT BEING AN ANGLE POINT IN THE WESTERLY LINE OF THAT CERTAIN PARCEL OF LAND CONVEYED TO DANA B. HORN AND JACQUES S. YEAGER, BY INSTRUMENT NO. 86602, RECORDED OCTOBER 10, 1961, IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY, CALIFORNIA; THE LAST THREE COURSES AND DISTANCES FOLLOW ALONG THE BOUNDARY LINE OF THE PARCEL CONVEYED TO THE STATE OF CALIFORNIA AS AFORESAID; THENCE SOUTH 140 38'WEST ALONG THE WESTERLY LINE OF THE PARCEL CONVEYED TO HORN AND YEAGER AS AFORESAID, A DISTANCE OF 145.90 FEET TO THE MOST WESTERLY CORNER THEREOF, SAID POINT BEING THE MOST BEING THE MOST NORTHERLY CORNER OF THAT CERTAIN PARCEL OF LAND CONVEYED TO DANA B. HORN AND JACQUES S.YEAGER BY INSTRUMENT NO. 3842, RECORDED JANUARY 15, 1962, IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY, CALIFORNIA; THENCE SOUTH 480 22' EAST ALONG THE SOUTHWESTERLY LINE OF THE PARCEL CONVEYED TO HORN AND YEAGER AS FIRST MENTIONED ABOVE,A DISTANCE OF 606.81 FEET TO THE MOST SOUTHERLY CORNER THEREOF; THENCE NORTH 410 38' EAST ALONG THE SOUTHEASTERLY LINE OF THE PARCEL SO CONVEYED,A DISTANCE OF 330.00 FEET TO THE MOST EASTERLY CORNER THEREOF; THENCE SOUTH 480 22' EAST, A DISTANCE OF 239.00 FEET FOR THE TRUE POINT OF BEGINNING; THENCE NORTH 480 22' WEST, A DISTANCE 239.00 FEET; THENCE SOUTH 410 38' WEST, A DISTANCE OF 330.00 FEET; THENCE NORTH 480 22' WEST,A DISTANCE OF 246.81 FEET TO AN ANGLE POINT IN THE BOUNDARY LINE OF SAID PARCEL CONVEYED TO HORN AND YEAGER BY INSTRUMENT NO. 3842, RECORDED JANUARY 15, 1962; THE LAST TWO COURSES AND DISTANCES FOLLOW THE BOUNDARY LINE OF SAID PARCEL CONVEYED TO HORN AND YEAGER BY DEED RECORDED AS INSTRUMENT NO. 86602, RECORDED OCTOBER 10, 1961; THENCE SOUTH 100 18' 20" EAST,A DISTANCE OF 565.15 FEET; THENCE SOUTH 880 38'WEST,A DISTANCE OF 315.00 FEET TO THE MOST SOUTHERLY CORNER OF SAID PARCEL CONVEYED TO HORN AND YEAGER BY INSTRUMENT NO. 3842, RECORDED JANUARY 15, 1962; THE LAST TWO COURSES AND DISTANCES FOLLOW THE BOUNDARY LINE OF SAID PARCEL; Page 2 of 3 AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY AND ESCROW INSTRUCTIONS Escrow No. Date of Opening of Escrow: 2013 THIS AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY AND ESCROW INSTRUCTIONS ("Agreement') is made this 14 day o ^ I3, by and between MORRIS COMMUNICATIONS COMPANY, LLC, a Georgia ("Seller" and THE CITY OF PALM SPRINGS, a California municipal torpor tion and Charter C ("Buyer"). L2tA111 ED 1L219 RECITALS L� I nl�At. A. Seller is the owner of that certain real property consisting of a gross acres, located at THE NORTHWEST CORNER OF CHINO CANYON CREEK AND HIGHWAY 111, APNs: 669-230-010 and 669-230-011 in acres in the Chino Cone area of Palm Springs the City of Palm Springs, County of Riverside, State of California, more particularly described on Exhibit "A" attached hereto ("Land"), together with (i.) all rights, Privileges, easements, licenses and interests appurtenant thereto, including,without limitation, all oil, gas, water and water rights (collectively, `:Appurtenances"); and (ii) all intangible property ("Intangible Property") owned or held by Seller in connection with the Land, including, without limitation, development rights, governmental approvals and Iand entitlements. The Land, Appurtenances and Intangible Property are collectively referred to herein as the"Property." . B. Seller wishes to sell the Property to Buyer and Buyer wishes to buy the Property from Seller pursuant to the terms and conditions of this Agreement. NOW, THEREFORE, the parties hereto agree as follows: TERMS AND CONDITIONS 1. PURCHASE AND SALE OF PROPERTY. Buyer hereby agrees to purchase from Seller, and Seller agrees to sell to Buyer the Property, upon the terms and conditions hereinafter set forth. 2. OPENING OF ESCROW- CLOSING DATE. 2.1 Qpetaina of Escrow. Within five (5) business days after the execution� of� t,b�i�(�,_ Agreement by Buyer and Seller, the parties shall open an escrow ("Escrow") with Escrow (`Escrow Holder") by causing an executed copy of this Agreement to be deposited with Escrow Holder. Escrow Holder and Titic Company shall have a physical office location in the -I- City and selected through the City's Rotation List. Escrow shall be deemed open on the date that a fully executed copy of this Agreement is delivered to Escrow Holder ("Opening of Escrow'). Escrow Holder shall fax written notice of the Opening of Escrow date to Buyer and Seller. 2.2 Closing Date. Escrow shall close ou or before February 28, 2013 ("Closing Date"). The terms the"Close of Escrow" and/or the "Closing" are used herein to mean the time the Grant Deed and Deed of Trust(as hereinafter defined)is recorded in the Office of the County Recorder of Riverside County, California. 2.3 Time is of the Essence. Buyer and Seller agree that time is of the essence and each party specifically agrees to strictly comply and perform the obligations berein in the time and manner specified and waives any and all rights to claim such compliance by mere substantial compliance with the terms of this Agreement. 3. CONSIDERATION. 3.1 Purchase Price. The purchase price for the Property is One Htmdred Thirty Five Thousand AND 00/100 DOLLARS ($135,000.00) ("Purchase Price"). The Purchase Price to be paid by Buyer to Seller is all-inclusive compensation of Seller's interest in the Property and any rights or obligations which exist or may arise out of the acquisition of the, Property for public purposes, which compensation Seller acknowledges and agrees is inclusive, without limitation, of Seller's fee interest in the Land and any improvements located thereon, severance damages, relocation expenses, costs, interest, attorneys' fees, and any claim whatsoever of Seller which might arise out of or relate to the acquisition of the Property by Buyer. 3.2 Payment of Purchase Price. On or before the day preceding Close of Escrow, Bayer shall the Purchase Price("Payment") with Escrow Holder in "good funds." "Good funds" shall mean a wire transfer of funds, cashier's or certified check drawn on or issued by the offices of a financial institution located in the State of California,or cash. 4. ADDITIONAL FUNDS AND DOCUMENTS REQUIRED FROM BUYER AND SELLER. 4.1 Buyer. Buyer agrees that on or before 1:00 p.m. on the business day preceding the Closing Date, Buyer,will deposit with Escrow Holder all additional funds and/or documents (executed and acknowledged, if appropriate) which are necessary to comply with the terms of this Agreement, including, without limitation, the following: (a) A Preliminary Change of Ownership Statement completed in the manner required in Riverside County; and (b) Such funds and other items and instruments as may be necessary in order for Escrow Holder to comply with this Agreement. 4.2 Seller. Seller agrees that on or before 1:00 p.m. on the business day preceding the Closing Date, Seller will deposit with Escrow Holder such funds and other items and instruments (executed and acknowledged, if appropriate) as may be necessary in order for the Escrow Holder to comply with this Agreement, including,without limitation,the following: .2- (a) A grant deed conveying the Property to Buyer in the form attached hereto as Exhibit "B" ("Grant Deed"); (b) Two duplicate originals of a Non-Foreign Affidavit in the form attached hereto as Exhibit"E" ("Non-Foreign Affidavit"); (c) Two duplicate originals of California Form 590-RE Real Estate Withholding Exemption Certificates in the form required by the California Franchise Tax Board ("California Residency Affidavit'); and (d) Such funds and other items and instruments as may be necessary in order for Escrow.Holder to comply with this .Agreement. 4.3 Recordation. Completion and Distribution of Documents. Escrow Holder will cause the Grant Deed to be recorded when (but in no event after the Closing Date) it can issue the Title Policy in the form described in Section 5.2 below, and holds for the account of Seller the items described above to be delivered to Seller through Escrow, less costs, expenses and disbursements chargeable to Seller pursuant to the terns hereof. 5. TiTLE MATTERS. 5.1 Approval of Title. (a) Promptly following execution of this Agreement (but in no event later than ten (10) days following Opening of Escrow), Seller shall cause to be delivered to Buyer a Preliminary Title Report issued through First American Title insurance Company ("Title Company"), describing the state of title of the Property, together with legible copies of all exceptions specified therein and a map plotting all locatable easements specified therein ("Preliminary Title Report"), Buyer shall notify Seller in writing ('Buyer's Title Notice") of Buyer's approval of all matters contained in the Preliminary Title Report or of any objections Buyer may have to title exceptions or other matters ("Disapproved Exceptions") contained in the Preliminary Title Report within fifteen (15) business days after Buyer's receipt of the Preliminary Title Report("Buyer's Title Notice"). (b) in the event Buyer delivers Buyer's Title Notice within said period, Seller shall have a period of ten(10) days after receipt of Buyer's Title Notice in which to notify Buyer of Seller's election to either (i) agree to attempt to remove the Disapproved Exceptions prior to the Close of Escrow; or (ii) decline to remove any such Disapproved Exceptions ("Seller's Notice"). Seller shall only elect to decline to remove Disapproved Exceptions which Seller in good faith believes Seller's reasonable efforts would not result in removal or as to which removal would result in cost or expense to Seller other than nominal administrative expense incurred in the process of removal. Seller's failure to deliver Seller's Notice within said ten (10) day period shall be deemed Sellers election to decline to remove the Disapproved Exceptions. If Seller notifies Buyer of its election to decline to remove the Disapproved Exceptions, if Seller is deemed to have elected to decline to remove the Disapproved .Exceptions or if Seller is unable to remove the Disapproved Exceptions, Buyer may elect either to terminate this Agreement and the Escrow or to accept title to the Property subject to the Disapproved Exception(s). Buyer -3- I hall exercise such election by delivery of written notice to Seller and Escrow Folder within ten (1 O)days following the earlier of(i)the date of written advice from Seller that such Disapproved Exce-Ption(s) cannot be removed; or (ii) the date Seller decline or is deemed to have declined to remove such Disapproved Exception(s). (c) Upon the issuance of any amendment or supplement to the Preliminary Title Report which adds additional exceptions, the foregoing right of review and approval shall also apply to said amendment or supplement, provided. however, that Buyer's initial period of review and approval or disapproval of any such additional exceptions shall be limited to ten (10) days following receipt of notice of such additional exceptions, together with copies of the underlying documents referenced therein. (d) Nothing to the contrary herein withstanding, Buyer shall be deemed to have automatically objected to all deeds of trust, mortgages, judgment liens, federal and state income tax liens, delinquent general and special real property taxes and assessments and similar monetary encumbrances affecting the Property, and Seller shall discharge any such non- permitted title matters of record prior to or concurrently with the Close of Escrow. 5.2 Title Policy. When. Escrow Holder holds for Buyer the Grant Deed in favor of Buyer executed and acknowledged by Seller covering the Property, Escrow Holder shall cause to be issued and delivered to Buyer and Seller as of the Close of Escrow a CLTA standard coverage owner's policy of title insurance ("Title Policy"), or, upon Buyer's request therefor, an ALTA extended coverage owner's policy of title insurance, issued by Title Company, with liability in the amount of the Purchase Price, covering the Property and showing title vested in Buyer free of encumbrances, except: (a) All non-delinquent general and special real property taxes and assessments for the current fiscal year; (b) Those easements, encumbrances, covenants, conditions, restrictions, reservations, rights-of-way and other matters of record shown on the Preliminary Title Report which have been approved by Buyer pursuant to Section 5.1 above; (c) The standard printed exceptions and exclusions contained in the CLTA or ALTA form policy; (d) Any exceptions created or consented to by Buyer, including, without limitation, any exceptions arising by reason of Buyer's possession of or entry on the Property. 6. CONDITIONS PRECEDENT TO CLOSE OF ESCROW'. 6.1 Conditions to Buyer's Obligation , The obligations of Buyer under this Agreement shall be subject to the satisfaction or written waiver, in whole or in part, by Buyer of each of the following conditions precedent: -4- (a) Title Company will issue the Title Policy as required by Section 5.2 of this Agreement. (b) Buyer has approved or deemed to have approved the condition to title of the Property on or before the date provided in Section 5.1. (c) Buyer has approved or deemed to have approved all Due Diligence Items on or before the Due Diligence Date. (d) Seller has removed from the Property all equipment, personal property, debris and waste. (e) Escrow Holder holds and will deliver to Buyer the instruments and funds, if any, accruing to Buyer pursuant to this Agreement. (t) All representations and warranties specified in Section 9.1 are true and correct. (g) Buyer's approval of any other conditions specified in this Agreement. (h) Seller shall not be in default of any term or condition of this Agreement. Buyer's approval shall be based upon Buyer's sole and absolute discretion; provided, however, if Buyer has not delivered written notice of approval of the above conditions to Seller and Escrow Holder by the times provided above, or if no time is provided, on or before the Close of Escrow, each such condition shall automatically and conclusively be deemed to have been disapproved by Buyer. Buyer may waive such automatic disapproval in writing. 6.2 Conditions to Seller's Obligations. The obligations of Seller under this Agreement shall be subject to the satisfaction or written waiver, in whole or in part, by Seller of each of the following conditions precedent: (a) Escrow Holder holds and will deliver to Seller the instruments and funds accruing to Seller pursuant to this Agreement. (b) Buyer shall not be in default of any term or condition of this Agreement. If requested by Escrow Holder or Buyer, Seller shall deliver to Escrow Holder and Buyer written notice of satisfaction of the conditions set forth in this Section 6.2. 6.3 Covenant of Seller and Buyer. Buyer and Seller agree to cooperate with one another, at no cost or expense to the cooperating party, in satisfying the conditions precedent to Close of Escrow. Buyer shall be responsible for proceeding with diligence and in good faith to satisfy the conditions to Buyer's performance set forth in Section 6.1 and Seller shall be responsible for proceeding with diligence and in good faith to satisfy the conditions to Seller's performance set forth in Section 6.2. -5- 6.4 Termination for Failure of Condition. In the event Buyer fails to approve or disapprove any condition precedent specified in Section 6.1 or elsewhere in this Agreement on or before the date for approval set forth therein, Seller shall notify Buyer of such failure and Buyer shall have a period of twenty (20) days from receipt of such notice to elect to approve such matter or to disapprove such matter and terminate this Agreement. The failure of Buyer to approve such matter within said twenty (20) days shall be deemed to constitute disapproval thereof and Buyer's election to terminate. In the event Seller fails to approve or disapprove any condition precedent specified in Section 6.1 or elsewhere in this Agreement on or before the date for approval set forth therein, Buyer shall notify- Seller of such failure and Seller shall have a period of twenty (20) days from receipt of such notice to elect to approve such matter or to disapprove such matter and terminate this Agreement. The failure of Seller to approve such matter within said twenty (20) days shall be deemed to constitute disapproval thereof and Sellers election to terminate. In the event Buyer or Seller terminates this Agreement based on the disapproval of one or more of said conditions precedent as provided herein, Buyer shall be entitled to all sums deposited into Escrow, paid to Seller as a portion of the Purchase Price. T ADDITIONAL COVENANTS OF BUYER AND SELLER. T1 Environmental Claims. Seller shall retain all liability under all Environmental Laces asserted at any time in connection with any set of facts or conditions existing in, on or about the Property prior to Closing arising from its ownership of the Property (hereinafter referred to as "Retained Environmental Liabilities"). For purposes of this Agreement, "Environmental Laws" shall mean all federal, state or local statutes, regulations, ordinances. codes or rules as such have been or may hereafter be enacted, adopted, amended or supplemented and all common law causes of action relating to the protection of human health or the environmental, including without limitations the Comprehensive Environmental Response, Compensation and Liability .Act of 1980, as amended (42 U.S.C. Section 9601, et seq.), the Resource Conservation and Recovery Act, as amended (42 U.S.C. Section 6901, et seq.), the Federal Water Pollution Control Act, as amended (33 U.S.C. Section 7401, et seq.), the Toxic Substance Control Act, as amended (15 U.S.C. 2601, et seq.), the Safe Drinking Water Act, as amended (42 U.S.C. Section 300f et seq.), the Federal Insecticide, Fungicide and Rodm icide Act, as amended (7 U.S.C. Section 136, et seq.) and the Clean Air Act, as amended (42 U.S.C. 7401. et seq.), and private rights of action for nuisance or damages to property or persons. Notwithstanding any contrary provisions of this Agreement or otherwise, upon the execution of this Agreement by Buyer. Buyer shall and does hereby release Seller from any liability, cost or expense Buyer may incur as a result of Buyer's purchase of the Property or the presence of any Hazardous Materials (hereinafter defined) which are or may be located in., on or about the property commencing on the Close of Escrow or at any time thereafter, with the exception of the Retained Environmental Liabilities. Such release shall survive the Closing Date. For the purposes of this Agreement, Hazardous Materials shall be deemed to mean asbestos, polychlorinated biphenyis, petroleum or by-products thereof, radioactive materials, or any chemical, material or substance included in the definitions of "hazardous substances", "hazardous materials", "hazardous waste", "toxic substances" and/or words of similar import under any federal, state and local Iaws. ordinances, rules and regulations whether present or future, relating to and./or dealing with the protection of the environment and/or human health and -6- safety and/or applicable to the generation, handling, manufacture, installation, treatment, storage, use, transportation, discharge, disposal, presence and/or release into the air, soil, water at, above or below ground level (whether accidental or intentional) of such substances or materials. 7.2 Survival. Notwithstanding any other provision of this Agreement, the provisions of this Section 7 shall survive the Close of Escrow and the delivery of the Grant Deed. 3. REPRESENTATIONS AND WARRANTIES 8.1 R resentations and Warranties. Seller hereby makes the following representations and warranties to Buyer, each of which (i) is material and relied upon by Buyer in making its determination to enter into this Agreement; (ii) to Seller's actual knowledge, is true in all respects as of the date hereof and shall be true in all respects on the date of Close of Escrow on the Property; and (iii) shall survive the Close of Escrow of the purchase and sale of the Property as well as any future transfer of the Property to Buyer or any transferee, successor or assignee of Buyer: (a) There are no pending or threatened litigation, allegations, lawsuits or claims, whether for personal injury, property damage, property taxes, contractual disputes or otherwise, which do or may affect the Property or the operation or value thereof, and there arc no actions or proceedings pending or, to the best of Seller's knowledge, threatened against Seller before any court or administrative agency in any way connected with the Property and neither the entering into of this Agreement nor the consummation of the transactions contemplated hereby will constitute or result in a violation or breach by Seller of any judgment, order, writ, injunction or decree issued against or imposed upon it. There is no action, suit, proceeding or investigation pending or threatened against Seller which would become a cloud on.Buyer's title to or have a material adverse impact upon the Property or any portion thereof or which questions the validity or enforceability of the transaction contemplated by this Agreement or any action taken pursuant hereto in any court or before or by any federal, district, county, or municipal department, commission, board, bureau, agency or other governmental instrumentality. (b) There are no contracts, leases, claims or rights affecting the Property and no agreements entered into by or under Seller shalt survive the Close of Escrow that would adversely affect Buyer's rights with respect to the Property, except as heretofore disclosed in writing by Seller to Buyer pursuant to Section 6.3. (c) Seller has delivered or, within the period required in Section 6.3, will have delivered true, correct and complete copies of all the documents and other information specified in Section 6_3 in Seller's possession or control (or has reasonable access thereto). To the best of Seller's knowledge, the information contained in the said documents is true and accurate. -7- (d) No part of the Property has been used by Seller for the use, storage, disposal, or release of toxic or hazardous substances or wastes and that, to the best of Seller's actual knowledge, no part of the Property has ever been so used. (e) There are no executory contracts, options or agreements existing (other than this Agreement) relating to the purchase of all or any portion of the Property or any interest therein. (1) All federal, state, municipal, county and local taxes, the nonpayment of which might become a lien on or affect all or part of the Property, which are due and payable prior to the Closing have been paid, or on the Closing Date will have been paid in full. (g) There are no contingent liabilities arising out of the ownership or Operation of, or affecting, the Property or any part thereof which would be binding upon the Buyer or to which the Property would be subject after the Closing. (h) Seller has obtained, or will obtain before the Close of Escrow, all required consents, releases and permissions in order to vest good and marketable title in Buyer. (i) The closing of the various transactions contemplated by this Agreement will not constitute or result in any default or event that with the notice or lapse of time, or both, would be a default, breach or violation of an_v lease, mortgage, deed of trust or other agreement, instrument or arrangement by which Seller or the Property are bound. The execution and delivery of this Agreement and the consummation of the transactions contemplated hereby will not violate any provision of, or require any consent, authorization or approval under any law or administrative regulation or any order, award, judgment, writ, injunction or decree applicable to, or any governmental permit or license issued to Seller relating to the Property. G) tither than those conditions or encumbrances expressly identified in the Preliminary Title Report which have been approved by Buyer pursuant to Section 5.1 above, no defects or conditions of any portion of the Property or the soil exists which may impair the use of the Property. (k) All representations and warranties made hereunder are in addition to any representations and warranties implied by law and in no event shall this Section 8.1 be construed to limit, diminish or reduce any obligation of disclosure implied upon Seller bylaw. 8.2 Chanced Circumstances. if Seiler becomes aware of any fact or circumstance which would change or render incorrect, in whole or in part, any representation or warranty made by Seller under this Agreement, whether as of the date given or any time thereafter through -8- the Close of Escrow and whether or not such representation or warranty was based upon Seller's knowledge and/or belief as of a certain date, Seller will give immediate written notice of such changed fact or circumstance to Buver, but such notice shall not release Seller of its liabilities or obligations with respect thereto. Seller shall issue a certificate as of the Close of Escrow stating that all the representations and warranties contained in Section 9.1 are true and correct as of said date, or setting forth in detail which of such matters are not true and correct. Buyer shall have ten (10) days from the receipt of any notice by Seller of the material change of any representation or warranty made by Seller hereunder to terminate this Agreement by providing written notice to Seller and Escrow Holder, and receive return of its Deposit and any other sums deposited in the Escrow. 9, ESCROW PROVISIONS. 9.1 Escrow Instructions. This .agreement, when signed by Buyer and Seller, shall also constitute escrow instructions to Escrow Holder. If required by Escrow Holder, Buyer and Seller agree to execute Escrow Holder's standard escrow instructions, provided that the same are consistent with and do not conflict with the provisions of this Agreement. In the event of any such conflict, the provisions of this Agreement shall prevail. 9.2 General Escrow Provisions. Escrow Holder shall deliver the Title Policy to the Buyer and instruct the Riverside County Recorder to mail the Grant Deed to Buyer at the address set forth in Section 13.13 after recordation. All funds received in this Escrow shall be deposited in one or more general escrow accounts of the Escrow Holder with any bank doing business in Riverside County, California, and may be disbursed to any other general escrow account or accounts. All disbursements shall be made by Escrow Holder's check. 9.3 Proration of Real Property Taxes. (a) All non-delinquent general and special real property taxes and assessments shall be paid by Seller, prorated to the Close of Escrowon the basis of a thirty (30) day month and a three hundred sixty day (360) year. Seller acknowledges that Buyer is a governmental agency, not subject to payment of taxes. Accordingly, Seller shall be solely responsible for seeking a refund of any overpayment of taxes from the appropriate taxing agencies. in the event that property taxes are assessed on a parcel of real property which includes land other than the Property, such proration shall include only taxes attributable to the Property, calculated in terms of total gross square feet of land assessed pursuant to the tax statement versus total gross square footage of the Property. Any supplemental tax bills received after Close of Escrow shall be paid by Seller to the extent they relate to a period prior to Close of Escrow. If a supplemental tax bill covers a period commencing before and continuing after Close of Escrow, Seller will pay the tax and shall be solely responsible for seeking any refund from the appropriate taxing agency. The Provisions of this Section shall survive Close of Escrow. (b) The provisions of this Section shall survive Close of Escrow, If either party fails to pay its pro rata share of taxes or other expenses by the times herein provided, interest shall accrue on all unpaid amounts from when owing until paid at five percent (5%) over the Federal Discount Rate quoted by the Federal Reserve Bank of San Francisco on the 25th day Of the month preceding the date interest commences to accrue. -9- 9.4 Payment of Costs. Seller shall pay one-half (1/2) of the Escrow fee. all documentary transfer taxes, all title insurance premiums for that portion of the Title Policy premium which would be incurred for a CLTA form policy, and the charge for drawing the Grant Deed. Buyer shall pay one-half (1/2) of the Escrow fee, all charges for recording the Grant Deed, and that portion of the Title Policy premium which is attributable to the additional cost of obtaining any additional coverage .requested by Buyer, including the difference between CLTA and ALTA coverage. Seller and Buyer shall each he responsible for their respective attorneys' fees and costs. All other costs of Escrow not otherwise specifically allocated by this Agreement shall be apportioned between the parties in a manner consistent with the custom and usage of Escrow Holder, 9.5 Termination and Cancellation of Escrow. If Escrow fails to close as provided above, Escrow shall terminate automatically without further action by Escrow Holder or any party, and Escrow Holder is instructed to return all funds and documents then in Escrow to the respective depositor of the same with Escrow Holder. provided that any document which has been signed by a party who is not to receive the return of such document, shall be marked "void and of no force or effect" by Escrow Holder before it is delivered. Cancellation of Escrow, as provided herein, shall be without prejudice to whatever legal rights Buyer or Seller may have against each other arising from the Escrow or this Agreement. 10. BROKERAGE COMMISSIONS. Broker is Jim Stuart, Group One Realty. Commission paid to Broker is subject to an Agreement between Broker and Seller. Seller agrees to indemnify and hold Buyer harmless from and against all liabilities, costs, damages and expenses, including, without limitation, attorneys' fees, resulting from any claims or fees or commissions, based upon agreements by it, if any, to pay a broker's commission and/or finder's fee. 11. POSSESSION. Possession of the Property shall be delivered to Buyer as of Close of Escrow- In the event any personal property remains on the Property following the Close of Escrow, it shall automatically become the property of Buyer. 12. DEFAULTS• ENFORCEMENT. 12.1 Defaults and Ri e t to Cure. Failure or delay by either party to timely perform any covenant of this Agreement constitutes a default under this Agreement, but only if the party who so fails or delays does not commence to cure, correct or remedy such failure or delay within thirty (30) days after receipt of a written notice specifying such failure or delay, and does not thereafter prosecute such cure, correction or remedy with diligence to completion. The injured party shall give written notice of default to the party in default, specifying the default complained of by the injured party. Except as required to protect against further damages, the injured party may not institute proceedings against the party in default until thirty (30) days after giving such notice. Failure or delay in giving such notice shall not constitute a waiver of any default, nor shall it change the time of default. -10- 12.2 Specific Performance. in addition to any other remedies permitted by this Agreement, if either party defaults hereunder by failing to perform any of its obligations herein, each party agrees that the other shall be entitled to the judicial remedy of specific perfonnance, and each party agrees (subject to its reserved right to contest whether in fact a default does exist) not to challenge or contest the appropriateness of such remedy. 13. MISCELLANEOUS. 13.1 Successors and Assigns. This Agreement shall be binding upon the parties hereto and their respective heirs,representatives, transferees, successors and assigns. The transfer of all or any part of the interest of any party hereunder in the Property shall not release Seller of their obligations under this Agreement. 13.2 Time Period Computations. All periods of time referred to in this Agreement shall include all Saturdays, Sundays and California state or national holidays unless the reference is to business days, in which event such weekends and holidays shall be excluded in the computation of time and provide that if the last date to perform any act or give any notice with respect to this .Agreement shall fall on a Saturday. Sunday or California state or national holiday, such act or notice shall be deemed to have been timely performed or given on the next succeeding day which is not a Saturday, Sunday or California state or national holiday. 13.3 uglification: Authority. Each individual executing this Agreement on behalf of a partnership or corporation represents and warrants that such entity is duly formed and authorized to do business in the State of California and that he or she is duly authorized to execute and deliver this Agreement on behalf of such partnership or corporation in accordance with authority granted under the formation documents of such entity, and, if a corporation, by a duly passed resolution of its Board of Directors, that all conditions to the exercise of such authority have been satisfied, and that this Agreement is binding upon such entity in accordance with their respective terms. Upon request of either party, Escrow Holder or Title Company, Buyer and Seller agree to deliver such documents reasonably necessary to evidence the foregoing. 13A Attorneys' Fees. In the event of any dispute between the parties hereto arising out of the subject matter of this Agreement or the Escrow, or in connection with the Property, the prevailing party in such action shall be entitled to have and to recover from the other party its actual attorneys' fees and other expenses and costs in connection with such action or proceeding (including expert witness fees)in addition to its recoverable court costs. 13.5 Inte rctatiom Governing Law. This Agreement shall be construed according to its fair meaning and as if prepared by both parties hereto. This Agreement shall be construed in accordance with the laws of the State of California in effect at the time of the execution of this Agreement. Titles and captions are for convenience only and shall not constitute a portion of this Agreement. As used in this Agreement, masculine, feminine or neuter gender and the singular or plural number shall each be deemed to include the others wherever and whenever the context so dictates. -1. 1- 13.6 No Waiver. No delay or omission by either party hereto in exercising any right or power accruing upon the compliance or failure of performance by the other party hereto under the provisions of this Agreement shall impair any such right or power or be construed to lie a waiver thereof A waiver by either party hereto of a breach of any of the covenants, conditions or agreements hereof to be performed by the other party shall not be construed as a waiver of any succeeding breach of the same or other covenants, agreements, restrictions or conditions hereof. 13.7 Modifications. Any alteration, change or modification of or to this Agreement, in order to become effective, shall be made by written instrument or endorsement thereon and in each such instance executed on behalf of each party hereto. 13.8 Severabillit. If any term, provision, condition or covenant of this Agreement or the application thereof to any party or circumstances shall, to any extent be held invalid or unenforceable, the remainder of this instrument, or the application of such term, provision, condition or covenant to persons or circumstances other than those as to whom or which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and enforceable to the fullest extent pennittcd by law. 13.9 Merger of Prior A eernents and Understandings. This Agreement and other documents incorporated herein by reference contain the entire understanding between the parties relating to the transaction contemplated hereby and all prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged herein and shall be of no further force or effect. 13.10 Covenants to Survive Escrow. The covenants and agreements contained herein shall survive the Close of Escrow and, subject to the limitations on assignment contained in Section 14.1 above, shall be binding upon and inure to the benefit of the parties hereto and their representatives, heirs, successors and assigns. 13.11 Consent of Parties. Whenever by the terns of this Agreement the consent or approval of Buyer or Seller is to be given, such consent or approval shall be evidenced by the signature of one person designated for such purpose. initially such person for Seller shall be Lincoln Saul and such person for Buyer shall be the City Manager of Buyer. Such designated persons may be changed by the party so designating at any time by the delivery of a written notice to the other party. 13.12 Execution in Counterpart. This Agreement and any modifications, amendments Or supplements thereto may be executed in several counterparts, and all so executed shall constitute one agreement binding on all parties hereto, notwithstanding that all parties are not signatories to the original or the same counterpart. 1.3,13 Notices. Any notice which either party may desire to give to the other party or to the Escrow Holder must be in writing and shall be effective (i) when personally delivered by the other party or messenger or courier thereof, (ii) three (3) business days after deposit in the United States mail, registered or certified; (iii) twenty-four (24) hours after deposit before the daily deadline time with a reputable overnight courier or service: or (iv) upon receipt of a telecopy or fax transmission, provided a hard copy of such transmission shall be thereafter delivered in one 12- of the methods described in the foregoing 0) through (iii); in each case postage fully prepaid and addressed to the respective parties as set forth below or to such other address and to such other persons as the parties may hereafter designate by written notice to the other parties hereto: To Seller: MORRIS COMMUNICATIONS L I-WE L2AyxL��y COMPANY, LLC., a Georgia . [Need Address] o ��'4q Attn: Representatives r To Buyer: City of Palm Springs 3200 E. Tahquitz Canyon Way i�2tL2 oc. 5 mcyl 17�ti P.O. Box 2743 Palm Springs, CA 92262 Attn: City Manager Copy to: WOODRUFF, SPRNDLIN K SMART. APC 555 Anton Boulevard, Suite 1200 Costa Mesa, California 92626 Attention: Douglas C. Holland, Esq. 13.14 Exhibits. Exhibits "A" and `"B." inclusive, attached hereto, are incorporated herein by this reference. IN WITNESS WHEREOF, the parties hereto have executed this Agreement of Purchase and Sale of Real Property and Escrow Instructions as of the date set forth above. "SELLER" Not to Exceed $/��b��.�dr. nf0- —— Without The Expre�SS Written WATIONStOMPANY, T I Authorization Of The City a Ge/ gia L2 12� List'b2 cz-7`7 Manager 10 ,A QAkA R resew tiv /Of ,cer Q 2 YA�S�c1D "BUYER" ATTEST: THE CITY OF PALM SPRINGS, a California municipal corporation and Charter City ?1ityClerk City Manager APPROVED BY CITY COUNCIL AS TO F08M Llb eol'e 21F p�,3i5 -13- atr AMNW tm 02-13 �i3 APPROVED AS TO FORAM WOODRUFF, SPRADLIN & SMART. APC Douglas C. Hoiland, Esq. City Attorney -14- SCHEDULE OF EXHIBITS EXHIBIT"A" LEGAL DESCRIPTION OF PROPERTY EXHIBIT"B" GRANT DEED -14- EXHIBIT "A" LEGAL DESCRIPTION OF LAND The band is that certain real property located in the City of Palm Springs, County of Riverside, State of California, described as follows: [Need Legal Description from Title Reportl 15 ACRES, LOCATED AT THE NORTHWEST CORNER OF CHINO CANYON CREEK AND HIGHWAY 111, APNs: 669-230-010 and 669-230-011 in the City of Palm Springs, County of Riverside, State of California -I- E\H16TT "B" 9 L4NT DEED RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: THE CITY OF PALM SPRINGS 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Attn: City Manager Space a1V%C this line for RecAirdcr s Use Order No. Escrow No. GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Morris Media, a ("Seller'), hereby grants to the CITY OF PALM SPRINGS, a California municipal corporation and Charter City, the real property in the City of Palm Springs, County of Riverside, State of California, described in Exhibit `1" attached hereto and incorporated herein by reference (the"Property"). The Property conveyed hereby is subject to (i) non-delinquent general and special real property taxes and assessments; and(ii) matters of record. Dated: 2012 Morris Media, a Officer STATE OF CALIFORNIA ) ) SS. COUNT),`OF RIVERSIDE ) On before me, Notary Public, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person e s) whose name(s) is-are subscribed to the within instrument and acknowledged to me that helsheithey executed the same in hisiheritheir authorized capacity(ies), and that by hisiherAbeir signature(s) on the instrument die person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. Notary Public [SEAL] -3- EXHIBIT "I"TO GRANT DEED LEGAL DESCRIPTION OF LAND The Land is that certain real property located in the City of Palm Springs, County of Riverside, State of California,described as follows: JNeed Legal Description from Title Report] 15 ACRES, LOCATED AT THE NORTHWEST CORNER OF CHINO CANYON CREEK AND HTGHWAY 111, APNs: 669-230-010 and 669-230-011 in the City of Palm Springs, Countv of Riverside, State of California 1003i012!31756.01