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2018-152
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16; 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2018-152 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO APPROVING THE PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS BETWEEN THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND LEAPING FROG INVESTMENTS, LLC WITH RESPECT TO THE REAL PROPERTY LOCATED AT 1256 WALL AVENUE, SAN BERNARDINO, CALIFORNIA (APN 0146-241-07), AND APPROVING CERTAIN RELATED ACTIONS WHEREAS, pursuant to Health and Safety Code (the "HSC") § 34172 (a) (1), the Redevelopment Agency of the City of San Bernardino was dissolved on February 1, 2012; and WHEREAS, consistent with the provisions of the HSC, on January 9, 2012 the Mayor and City Council of the City of San Bernardino elected to serve in the capacity as the Successor Agency to the Redevelopment Agency of the City of San Bernardino (the "Successor Agency"); and WHEREAS, the Oversight Board for the Successor Agency (the "Oversight Board") has I been established pursuant to HSC § 34179 to assist in the wind -down of the dissolved redevelopment agency; and WHEREAS, on September 15, 2015, the Successor Agency submitted its Oversight Board -approved Long -Range Property Management Plan (the "LRPMP") to the California I Department of Finance (the "DOF"); and WHEREAS, on December 31, 2015, the DOF approved the Successor Agency's LRPMP and notified the Successor Agency that pursuant to HSC § 34191.3, the approved LRPMP shall govern, and supersede all other provisions relating to the disposition and use of all the real property assets of the former redevelopment agency; and WHEREAS, the approved LRPMP, which addresses the disposition and use of the real property assets held by the Successor Agency, includes 230 parcels of land grouped into forty-six (46) separate sites, eighteen (18) of which were designated as government use sites, seven (7) of which are designated as future development sites and twenty-one (21) of which were designated to be sold (the "Successor Agency Properties"); and 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, the Successor Agency is the owner of that certain real property located at 1256 Wall Avenue, San Bernardino, California (APN 0146-241-07) (the "Property"); and WHEREAS, within the LRPMP, the Property is: i) identified as Site No. 37; ii) described as an approximately 0.17 -acre vacant residential lot zoned Residential Medium; iii) designated for sale; and iv) more fully described in Exhibit "A" attached hereto, which is an excerpt from the LRPMP; and WHEREAS, on March 6, 2017, the Successor Agency Board approved the original Property Disposition Strategy, which among other things, authorized a competitive process that would result in listing for sale of 18 real property sites with a real estate broker (two of which are owned by the City of San Bernardino); and WHEREAS, on August 16, 2017, the Successor Agency Board approved the "Amended Property Disposition Strategy," which: i) reduced the number of real property sites to be listed with a real estate broker from 18 to 16 (one of which is owned by the City of San Bernardino); ii) provided for an alternate method of real property disposition for the two real property sites removed from the group to be listed with a real estate broker; iii) where applicable, provided a current status update on completed and pending real property transfers; and iv) established an Escrow and Title Administrative Management Fee to allow the City to recover a portion of the cost of its services with respect to the management of the sale of real property assets; and WHEREAS, consistent with the amended Property Disposition Strategy, on October 18, 12017, the Successor Agency approved an agreement with Keller Williams (the "KW Agreement") to list and sell 15 real property sites of the Successor Agency (the City entered into a separate agreement with Keller Williams for its single real property site); and WHEREAS, the Property is included within the KW Agreement; and WHEREAS, as a part of the KW Agreement, KW is required to prepare a Broker's Opinion of Value (the `BOV") for each Successor Agency property that is to be sold; and WHEREAS, based on past practice, the DOF has acknowledged that BOVs are an acceptable method and basis for confirming that the value of real property being sold is fair and reasonable; and WHEREAS, in response to the listing, KW received, thoroughly reviewed and vetted one offer to purchase the Property; and 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, on March 22, 2018, Leaping Frog Investments, LLC (the "LFI") offered to purchase the Property for $54,000 (the "Purchase Price") (a copy of the offer is attached to this Resolution as Exhibit `B"); and WHEREAS, KW has confirmed that LFI is a credible buyer capable of purchasing the Property and has recommended that the Successor Agency consider LFI's purchase offer; and WHEREAS, on April 6, 2018, KW submitted its BOV, indicating its opinion that the market value of the Property is $35,989 (the `BOV Market Value"); and WHEREAS, in consideration that the Purchase Price exceeds the BOV Market Value by $18,011, or 50%, it may be concluded that the purchase price offered by LFI for the Property is fair and reasonable, as more fully described within the BOV, a copy of which is attached to this Resolution f as Exhibit "C"; and WHEREAS, this Resolution will approve the Purchase and Sale Agreement and Joint Escrow Instructions (the "Purchase and Sale Agreement") between the Successor Agency and LFI with respect to the Property, a copy of which is attached to this Resolution as Exhibit "D," and authorize certain related actions; and WHEREAS, consistent with the provisions of the HSC and the LRPMP, the effectiveness of the Purchase and Sale Agreement is subject to the approval of the Oversight Board and the DOF; and WHEREAS, this Resolution has been reviewed with respect to applicability of the California Environmental Quality Act (the "CEQA"), the State CEQA Guidelines (California Code of Regulations, Title 14, § 15000 et seq., hereafter the "CEQA Guidelines"), and the City's environmental guidelines; and WHEREAS, this Resolution does not constitute a "project" for purposes of CEQA, as that term is defined by CEQA Guidelines § 15378, because this Resolution is an organizational or administrative activity that will not result in a direct or indirect physical change in the environment, per § 15378 (b) (5) of the CEQA Guidelines; and WHEREAS, all of the prerequisites with respect to the approval of this Resolution have I been met. 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AS FOLLOWS: Section 1. The foregoing recitals are true and correct and are a substantive part of this Resolution. Section 2. The Purchase Price for the Property is determined to be fair and reasonable. Section 3. The Purchase and Sale Agreement between the Successor Agency and Leaping Frog Investments, LLC for the purchase and sale of the Property, attached hereto as Exhibit "D," is approved. Section 4. On behalf of the Successor Agency, the City Manager, in the capacity as Executive Director of the Successor Agency, or designee, is authorized and directed to execute the Purchase and Sale Agreement and the grand deed, the form of which is attached to the Purchase and Sale Agreement, and to take such other actions and execute such other documents as are necessary to effectuate and close the purchase and sale of the Property and as may otherwise be required to fulfill the intent of this Resolution. Section 5. This Resolution is not a "project" for purposes of CEQA, as that term is defined' by Guidelines § 15378, because this Resolution is an organizational or administrative activity that will not result in a direct or indirect physical change in the environment, per § 15378 (b) (5) of the Guidelines. Section 6. This resolution shall take effect only after its adoption and execution in the manner as required by the City Charter and the approval of the Purchase and Sale Agreement by the Oversight Board and the DOF. rd 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO APPROVING THE PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS BETWEEN THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND LEAPING FROG INVESTMENTS, LLC WITH RESPECT TO THE REAL PROPERTY LOCATED AT 1256 WALL AVENUE, SAN BERNARDINO, CALIFORNIA (APN 0146-241-07), AND APPROVING CERTAIN RELATED ACTIONS I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and City Council of the City of San Bernardino at a Joint Regular Meeting thereof, held on the 6h day June 2018, by the following vote, to wit: Council Members: MARQUEZ BARRIOS VALDIVIA SHORETT NICKEL RICHARD MULVIHILL AYES NAYS x k Y (A) XN X y ABSTAIN ABSENT Georgeann anna, CMC, ity Clerk The foregoing Resolution is hereby approved this 6t' day of June 2018./?, - r';re"el-1.6z�l R. Carey Davis ayor City of San B mardino Approved as to form: Gary D. Saenz, City Attorney By: CL� 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Narrative for Site No. 37 1256 Wall Avenue, San Bernardino (APN 0146-241-07) Excerpted from the Long -Range Property Management Plan (Pages 176-179) (See Attachment) 0 EXHIBIT "A" Successor Agency to the Redevelopment Agency of the City of San Bernardino Long -Range Property Management Plan September 2015 Amended December 2115 Site No. 37: Vacant Wall Avenue Residential Property Address: 1256 Wall Avenue APIC• 0146-241-07 176 V. Property to be Sold Site No. 37 - Vacant Wall Avenue Residential Property I Successor Agency to the Redevelopment Agency ojthe City of San Bernardino Long -Range Property Management Plan September 1015 AMendeA mber2015 Site No. 37: Vacant Wall Avenue Residential Property A. Permissible Use (HSC -6 34191.5 (c) (2)): Site No. 37 is the Vacant Wall Avenue Residential Property (the "Vacant Residential Property") and is proposed to be sold by the Successor Agency. B. Acquisition ofProperty (HSC $ 34191.5 (c) (1) (A) and S 34191.5 (c) (1) (B)): Property records indicate that the Vacant Residential Property was acquired by the Agency in January 2010, and carries a Book Value of $5,450. The Vacant Residential Property was acquired by the Agency in order to meet the revitalization goals of City and the Agency to alleviate the existence and spread of physical and economic blight. The estimated current value (the "ECV") of the Vacant Residential Property is approximately $117,000. C. Site Information MSC .$ 3419L5 (c) (1) (C)): The Vacant Residential Property consists of one (1) 0.17 -acre parcel (APN 0146-241-07) located at 1256 Wall Avenue. The Vacant Residential Property is zoned Residential Medium (RM). The RM designation is intended to promote the development of single-family detached units in a suburban setting with a minimum lot size of 7,200 square feet, and a maximum density of 4.5 units per net acre. D. Estimated Current Value (HSC ,$ 34191.5 (c) (1) (D)): To determine an ECV for the Vacant Residential Property, in January 2015, the Agency conducted a comparable sales analysis through the National Data Collective. The ECV was determined to be approximately $117,000. Local factors were not taken into consideration in determining the ECV of this site. The ECV is only a rough estimate that was obtained from an on-line source where only comparable sales data are available. It is not possible to include environmental issues or any other special or unique factors into simple ECV calculations, as such data are not available from the source. Therefore, the actual value of the property may vary significantly from the ECV. The Successor Agency notes that in the environment of AB 1484, it may not be possible to achieve appraised values. The Successor Agency will be in charge of the process seeking to achieve successful marketing of properties, and will act with reasonable diligence. However, the constraints and environment of AB 1484 militate against maximizing prices. The actual sales prices to be realized will be a function of what a willing buyer is willing to pay under circumstances where there will be no seller financing and dispositions will be subject to Oversight Board approval. There is no reason to think that book values will be realized. E. Site Revenues (HSC .$ 34191.5 (c) (1) (E)): There are no site revenues generated from the Vacant Residential Property. F. Histol - o 'Environmental Contamination HSC 34191.5 c 1 F There is no known history of environmental contamination.43 43 h�p:/loeotracker.waterboards.ca.aov/man/?CMD=runnort&myaddress=1256+w-+wall+av+san+bemardino 177 V. Property to be Sold Site No. 37 - Vacant Wall Avenue Residential Property Successor Agency to the Redevelopment Agency of the City of San Bernardino Long -Range Property Management Plan September 2015 nmenaed December 1015 Site No. 37: Vacant Wall Avenue Residential Property G. Potential for Transit Oriented Development_ (TOD) and the Advancement of Planninje Obiectives of the SuccessorAQencv (HSC $ 34191.5 (c) (1) (G)): There is no potential for a TOD in conjunction with Vacant Residential Property. Selling the Vacant Residential Property advances the planning objectives of the Successor Agency and the City to develop and revitalize this area of the community through the creation of opportunities for private investment in the City. H. History of Previous Development Proposals and Activist' (HSC ,$ 34191.5 (c) (1)(HH): There is no history of previous development proposals or activities in conjunction with the Vacant Residential Property. L Disposition of Pro e The Successor Agency proposes to sell the Vacant Residential Property in accordance with the Successor Agency's policies and procedures for property disposition as shown in Exhibit "A" Section I. Purchase and Sale Procedures. The ECV of the Vacant Residential Property is approximately $117,000. Date of estimated current value — January 2015 Value Basis — The ECV was determined by a comparable sales analysis using the National Data Collective subscription service. The ECV is approximately $117,000. Local factors that may affect land value were not taken into consideration. Therefore, the actual value of the property may vary greatly from the ECV. The ECV is only a planning number and should not be relied upon as a basis for actual value. Proposed sale date — TBD and subject to the Successor Agency's implementation of its policies and procedures for property disposition as shown in Exhibit "A." Proposed sale value — TBD and subject to a fair market appraisal conducted by a licensed appraiser. The Successor Agency notes that in the environment of AB 1484, it may not be possible to achieve appraised values. The Successor Agency will be in charge of the process seeking to achieve successful marketing of properties, and will act with reasonable diligence. However, the constraints and environment of AB 1484 militate against maximizing prices. The actual sales prices to be realized will be a function of what a willing buyer is willing to pay under circumstances where there will be no seller financing and dispositions will be subject to Oversight Board approval. There is no reason to think that book values will be realized. 178 V. Property to be Sold Site No. 37 - Vacant Wall Avenue Residential Property Site No. 37: Vacant Wall Avenue Residential Property J. Implementation ofthe Long Ranze Pronerh• Mana.LementPlan: Following the approval of the LRPMP by the DOF, the Successor Agency will implement the LRPMP. For properties to be sold, implementation will include distribution of any land sales proceeds for enforceable obligations and/or distributed as property tax to the taxing entities. Due to the vagaries associated with the sale of land, such as uncertainties concerning the timing of sale and the price that would be realized, it is not feasible to precisely state in the LRPMP how the funds will be used. In that regard, once an agreement is reached with respect to the purchase and sale of a property, the agreement will be presented to the Oversight Board for concurrence. The Oversight Board's approval will be evidenced by a resolution that will be submitted to DOF and, per the HSC, is subject to DOF's review. That resolution will include or refer to a staff report which describes with greater particularity, once more facts are known, how the proceeds of sale will be distributed. As noted in Section I — Introduction of the LRPMP, the LRPMP provides that proceeds of the sale may be used for enforceable obligations and/or distributed as property tax to the taxing entities through the County Auditor -Controller. The need to retain some or all of the proceeds of sale for enforceable obligations will depend on whether there is a short -fall in RPTTF in the ROPS cycle during which the escrow is anticipated to close. If a short -fall were to occur in the RPTTF at that time, then all or a portion of the sale proceeds should be used to fulfill an enforceable obligation with any remaining sale proceeds then distributed as property tax to the taxing entities through the County Auditor -Controller. If there is not a short -fall in RPTTF at the time of close of escrow, then land sale proceeds would be distributed as property tax to the taxing entities through the County Auditor -Controller in a manner described at the time of Oversight Board approval as to a particular property sale. Since it is impossible to foresee when and if a short -fall in the RPTTF may occur, or when the property will be sold, the use of the sale proceeds cannot be specifically determined at this time and, therefore, cannot be stated with greater particularity in the LRPMP. However, it is clear that at the time a sale takes place, the sale will be brought back to the Oversight Board and will be subject to review. 179 V. Property to be Sold Site No. 37 - Vacant Wall Avenue Residential Property Successor Agency to the Redevelopment Agency of the City of San Bernardino Long -Range Property Management Plan September 2015 ended December 21, _ Site No. 37: Vacant Wall Avenue Residential Property J. Implementation ofthe Long Ranze Pronerh• Mana.LementPlan: Following the approval of the LRPMP by the DOF, the Successor Agency will implement the LRPMP. For properties to be sold, implementation will include distribution of any land sales proceeds for enforceable obligations and/or distributed as property tax to the taxing entities. Due to the vagaries associated with the sale of land, such as uncertainties concerning the timing of sale and the price that would be realized, it is not feasible to precisely state in the LRPMP how the funds will be used. In that regard, once an agreement is reached with respect to the purchase and sale of a property, the agreement will be presented to the Oversight Board for concurrence. The Oversight Board's approval will be evidenced by a resolution that will be submitted to DOF and, per the HSC, is subject to DOF's review. That resolution will include or refer to a staff report which describes with greater particularity, once more facts are known, how the proceeds of sale will be distributed. As noted in Section I — Introduction of the LRPMP, the LRPMP provides that proceeds of the sale may be used for enforceable obligations and/or distributed as property tax to the taxing entities through the County Auditor -Controller. The need to retain some or all of the proceeds of sale for enforceable obligations will depend on whether there is a short -fall in RPTTF in the ROPS cycle during which the escrow is anticipated to close. If a short -fall were to occur in the RPTTF at that time, then all or a portion of the sale proceeds should be used to fulfill an enforceable obligation with any remaining sale proceeds then distributed as property tax to the taxing entities through the County Auditor -Controller. If there is not a short -fall in RPTTF at the time of close of escrow, then land sale proceeds would be distributed as property tax to the taxing entities through the County Auditor -Controller in a manner described at the time of Oversight Board approval as to a particular property sale. Since it is impossible to foresee when and if a short -fall in the RPTTF may occur, or when the property will be sold, the use of the sale proceeds cannot be specifically determined at this time and, therefore, cannot be stated with greater particularity in the LRPMP. However, it is clear that at the time a sale takes place, the sale will be brought back to the Oversight Board and will be subject to review. 179 V. Property to be Sold Site No. 37 - Vacant Wall Avenue Residential Property 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Leaping Frog Investments, LLC Offer March 22, 2018 (See Attachment) 7 EXHIBIT "B" 4« A,L it P ®>R>iaJIAr DISCLOSURE REGARDING REMLESTATE AGENCY RELATIONSHIP a �H RE_A IA ®'tRnS'�"� (Selling Firm to Buyer) (As required by the Civil Code) (C.A.R. Form AD, Revised 17J14) ❑ (If checked) This forms iso beifigi providedi in connection with a transaction for a leasehold interest exceeding one year as per Civil Code section 2079.13(k)iandl,#n)). When you enter into a disuussibm, with a real estate agent regarding a real estate transaction) you shtluldi from the outset understand what type of agency retationship�orrepresentation you wish to have with the agent in the transaction. SELLER'S AGENT A Sellees;agpntlundo i a,listing)agfeementMith the Seller acts as the agent for the Seller only. A Seller's agent or Wsubagent of that agent has the followringlaffiimatiiue�obligations : To the'Seller:°A1Fidticiary,,,ditty°oft uttnosticare;.ihtegrity, honesty and loyalty in dealings with the. Seller. To theZUyerand4he;SeIIiw.: (a,);Qillganttexefcisenof,-reasonabib.skillu'andicare in performance of the agent's duties. (p)AAdutyrof honestlandlfairrdaali'nglandlgood faith. (t))AAdUtyjth disclose alt facts; knownttb,the agent: materially affecting the value or desirabilityjof the;properi�rjtlhatare not known to, or within tthe diligent attleniiom and! observation of. the parties. An agent is not obligated to reveal) to, either, party any, confidential information obtained fiomrthe,other, parryjtYfaCdoes motlinNolve the affirmative duties set forth above, BUYER'S AGENT A selling agent can, with a Buyer's consent, agree to act as agent for the Buyer only. In these situations,, the agent is not the Seller's agent, even if by agreement the agent play receive compensation for services rendered, either in fult or in partf rn the •Selyer,. An agent acting only for a Buyer has the following affirmative obligations: To the Buyer. A fiduciary duty of utmost care, integrity, honesty and loyalty in dealings with the Buyer. To the Buyer and the Seller. (a)Difigent exercise of reasonable skill and care in performance of the agent's duties. (b)A duty of honest and fair dealing and good faith. (c)A duty to disclose all fads known to the agent materially affecting the value or desirability of the property that are not known to, or within the diligent attention and observation of, the parties. An agent is not obligated to reveal to either party any confidential information obtained from the other party that does not involve the affirmative duties set forth above. AGENT REPRESENTING BOTH SELLER AND BUYER A real estate agent, either acting directly or through one or more associate licensees, can legally be the agent of both the Seller and the Buyer in a transaction, but only with the knowledge and consent of both the Seller and the Buyer. In a dual agency situation, the agent has the following affirmative obligations to both the Seller and the Buyer: (a)A fiduciary duty of utmost care, integrity, honesty and loyalty in the dealings with either the Seller or the Buyer. (b)Other duties to the Seller and the Buyer as stated above in their respective sections. In representing both Seller and Buyer, the agent may not, without the express permission of the respective party, disclose to the other party that the Seller will accept a price less than the listing price or that the Buyer will pay a price greater than the price offered. The above duties of the agent in a real estate transaction do not relieve a Seller or Buyer from the responsibility to protect his or her own Interests. You should carefully read all agreements to assure that they adequately express your understanding of the transaction. A real estate agent is a person qualified to advise about real estate. If legal or tax advice is desired, consult a competent pa®fessional. Throughout your real property transaction you may receive more than one disclosure form, depending upon the number of agents assisting in the transaction. The law requ*es each agent with whom you have more than a casual relationship to preseni you With this disclosure form. You should read its contents each carne it is presented to you, considering the relationship between you and the riaal estate agent in your specific transaction. This disclosure fof m includes the provisions of Sections 2079.13 to 2079.24, inclusive, of the Civil Code set fordo on page 2. Read it carefully. UWE ACKNOWLEDGE RECEIPT OF A COPY OF THIS DISCLOSURE AND THE PORTIONS OF THE CIVIL CODE PRINTED ON THE BACK (OR A SEPARATE PAGE). WIBuyer Seller Landlord❑Twiant Le4ping Erqq Investments, LLC Date 1aw9uftFftW Aaeesrarerns, u c ❑Buyer'❑ Seller "ILandlord❑Terlant Platte 03122!2018 16:56:48 Agent ! [BREtLic_*/4M IR, CReallE�te Broker (Firm) IBv `/GeAb%i"ALu3 ` C�!ler 6EtABRE Lie. #VfjdPnn Mate 03P22MIS 19:05:55 .Agency Disclosure <Compliance {Civil.Cede.§2079. 4): When'the listing'broker3ge company alsompreserits[Suyet Tenant: The[Listing Agent shall tiavefonefADifonn nedlby-RdWAmndlord and a different'AD form signed by Buyet/Tenant .' When SeltetLzridlord and B.oyer/#enant-are represeritedi by�differeritkbrdkeragei by `Seller/Landlord and,Cil)'the Buyeer;ffznanrs AgetWshdll[have one AD formsignetiltlylBtgret/feraarit:errdr #I[erl:tta8t aamecor a different AD form presented to SeNer/Landlord.forsignaWm,:prior to,prewfftation of the offer. If the sarneffortni used lBatlerme}yrs nimene: Seller/Landlord Date Selter/Landlord Date The copy,ghtAaws7dfthe United:Slides (7Gtle'.17+,f.f_S Codelforbid:the unauthorized reproduction of this farm, or any porfiari thereof., by photocopy machine or any other:rneansf'vlckiding fapelu7e orcomputerized formats. Copyright ®1991-2010; CALIFORNIA ASSOCIATION OF REAL'TORS@. INC. Reviewed by Date ALL RIGHTS RESERVED. AD REVISED 12114 (PAGE 1 OF 2)m DISCLOSURE REGARDING REAL ESTATE AGENCY RELATIONSHIP AD PAGE 1 OF 2 Keller W1182®s Reddy, 1473 Ford Street Sts 7N Rediads CA 93373 Phpre: r9?dWB-S'� Fax 125613'211 St. - Lam Fernandez Produced with ApFoonM by apLogix 18070 Fifteen Mile Road, Fraser, Midbigan 48026' CIVIL CODE SECTIONS 2079.24 (2079.16 APPEARS OMTHE.FRONT) 2079.13 As-used in Sections 2079.14 to-2079.24, inclusive: the following terms have the following meanings:(#) A,fenti means a person uctir4)undExrprovisi6ns ciU Title 9 (commencing with Section 2295) ina-real property transaction, and includes a person who is licensed fas,aseat lestate broker undevChapter r3c(oomrrnenmq with Section 10130) of Pad 1 of Division 4 of the Business -and ,Pmf ssions Code,and under whose license a listitngis exearted or an offerto purchase is, obtisins& (b)y "Associate licensee" means a person who is licensed as a real estate broker or salesperson under Chapter 3 (bommamdng with Sec ton 101W);of Part cil1oflDivisiom4* of the Business and P.ofessions Code -and -who is eitt>or licensed -under a broker or has entente into a written contract with iaatrokeriteeracttas the:brokeft,ag tf6in� connection with acts requiring a. real estate-license and to function under, the--broker's supervision in the capacity,�offarnassocietblicensee The ag n'tlin ttheareatl property transaction bears •responsibility for his or her associate licensees 1Mimperform as agents.of the agent Whenian associate licensee owes a duty to any principal, or to any buyer or seller who isnot a principal, ina- real :prop" Imnsaction, that duty is equivalent to the dutyowed to that party,tydtie broker1w.-°vMtorn the associate licensee functions. (o) "Buyer" means a transferee in areal property transaction, and includes a person who executes an offer to purchase realipropedy�from• a seller through an agent, or who seeks the services of an agent in more than a casual, transitory, or preliminary,• manner, with the object of enterktgtihWb,wneal' property transaction. "Buyer includes vendee or lessee. (d) "Commercial rest property" means all real property in the.: state, except single-famik resitlliwftalB real' property, dwelling units made subject to Chapter 2 (commencing with Section 1940),of Tits 5, mobgehomes, as defrrted1n Seetion,79111 orrecreationallvetnctesi,as defined in Section 799.29. (e) 'Dual.agenY means an agent acting; either directly or through an associate licensee as agent' for both the2seNburand t iA--bLWiiroa.reali property transaction. (f) "Listing agreement" means a contract between an owner of real property and an agenti,bywhichrthe agent has beemauthar¢edto sellitie.ral4 property or to find or obtain a buyer. (g) "ListingiagentF means a:persomwho, has obtained a listingiof real property4o act as an agent.forcompensation, (i))tistng pricer is the amount expressed in dollars specifiedlinothe.listing for whichittie:selleris:willing to sell the real property1hrough the listngiagerrtl (( 'Ofieringiprics, is the amount expressed in dollarsspecifiedin an offer to) puretiase,for whi6hithe. buyer, iswilling to,buy the, real property, Q))"Offer to purchase" means a writtememUact executed by a buyer acting through a selling agerit(that?becomesthe eontiact'.fbrthe, sale; of:'the:real property uponi acceptance by the seller. (k) "Real property, means any estate specified by subdivision (1) or (2) of Section 761 in property that cunstltutes or is improved with one ta, four d"ling units, any commercial mai property, any leasehold in these. types of properly exceeding one year's duration, and mobilehomes, when offered for°sale or sold through an agent pursuart to the autharty contained in Section 10131.6 of the Business and Professions Code. (1) "Real property transaction" means a.tiransaction for the sale of real property in which an agent is employed by one or more of the principals to act in that transaction, and includes a listing or an offer to purchase. (tri) "Sell," "sale," or 'sold" refers to a trarsaction for the transfer of real propertyfrom the seller; tbi the' buyer„ and! ihdudes exchanges, of, real! property between, the selldr and buyer„ transactions for thecreation of a. real property sales contract within the meaning ofSection) 2985, and transactions,for, thecreation of a leasehold exceeding one year's duration: (fin), "SetlLe means the transferor in a real property transaction, and includes, an owner who fists re-all property with. an agent, whether or not a transfer results; or who receives an offer to purchase, met property of which he or she is the owner from an agent on, behalf of another. "Seller" includes both a vendor and a lessor. (o)'Selling agent" means a listing agent who acts alone, or an agent who ads ih cooperation with a Cisbrig agerht and who sells or finds and obtains a buyer for the realproperty, or an; agent who tocates property for a buyer or who finds a buyer for a property, for which no listing exists and presents an offer to purchase to the seller. (p) 'Subagent' means a person to whom an agent delegates agency powers as provided in Article 5 (commencing, with, Section 2349) of Chapter 1 of Title 9. However, "subagent' does not incknde an associate licensee who is acting under the supervision of an agent in a real property transaction. 2079.14 Listing agents and selling agents shall provide the seller and buyer in a real property transaction with a copy of the disclosure form specified in Section 2079.16, and, except as provided in subdivision (c), shall obtain a signed acknowledgement of receipt from that seller or buyer, except as provided in this section or Section 2079.15, as follows: (a) The fisting agent, if any, shall provide the disclosure form to the seller prior to entering into the tisting agreement. (b) The sang agent shall provide the disclosure form to the seller as soon as practicable prior to presenting the seller with an offer to purchase, unless the selling agent previously provided the seller with a copy of the disclosure form pursuant to subdivision (a). (c) Where the selling agent does not deal on a face-to-face basis with the seller, the disclosure form prepared by the selling agent may be furnished to the seller (and acknowledgement of receipt obtained for the selling agent from the seller) by the listing agent, or the selling agent may deliver the disclosure form by certified mail addressed to the seller at his or her last known address, in which case no signed acknowledgement of receipt is required. (d) The selling agent shall provide the disclosure form to the buyer as soon as practicable prior to execution of the buyers offer to purchase, except that N the offer to purchase is not prepared by the selling agent, the selling agent shall present the disclosure form to the buyer not later than the next business day after the selling agent receives the offer to purchase from the buyer. 2079.15 In any circumstance in which the seller or buyer refuses to sign an acknowledgement of receipt pursuant to Section 2079.14, the agent, or an associate licensee acting for an agent, shall set forth, sign, and date a written declaration of the facts of the refusal. 2079.16 Reproduced on Page 1 of this AD form. 2079.17 (a) As soon as practicable, the selling agent shall disclose to the buyer and seller whether the selling agent is acting in the real property transaction exclusively as the buyer's agent, exclusively as the sellers agent, or as a dual agent representing both the buyer and the seller. This relationship shall be cxxnfinned in the contract to purchase and sell real property or in a separate writing executed or acknowledged by the seller the toyer. and the selling agent prior to or coincident with execution of that contract by the buyer and the seller, respectively- (b) As soon as practicable, the feting agent shag disclose to the seller whether the fisting agent is acting in the red ,property transaction exclusively as the selfees agent, or as a dual agent mpreserilling boo the buyer and seller. This relationship shall be confirmed in the contract to pardhase and seg real property or in a separate writing executed or adkaowlisciged by doe seller and 1he ung agent prior to or coincident with the execution o` that fact by the seller. (c) The confirmation required by subdivisions (a) and (b) shall be in thefdlkwhrig ionic. (DO NOT COMPLETE. SAMPLE ONLY) ins the agerd sof #beds one): [ the seller exclusively; o r E both the !buyer and salter. (Name of Listing Agent) (DO NOT COMPLETE. SAMPLE ONLY) us theagerit of (check one): the buyer exclusively; or[the seller exclusively, Dr (Name of Selling Agent if not the same as the Listing Agent) [both the buyer and seller. (d) The disclosures and confirmation required by this section shallkbeiinadditien to the disclosure required by Section 2079.14. 2079.18 No selling agent in a real property transaction xray ct as ami tlfarthelbetyer(orily,rvihenttheadlling agent Is also ailing as the€listrigageritiim ttimthansadlion. 2079.19 The payment of compensation or the obligation AD Ipay ,rizimpensation AD an agent by Ithe Willer or bukeriisiridinecessaiityidEitffmiirigUmjdfaipWbcular ,agency relationship between an agent and the seller oriboyer./Allistipg agent and a atillirig rggierttrmay agree ftosthareany rcorrfpensationwrscomm'nssian paad, ar any rightto any compensation or commission for which €amobligafiwarisesrasftheiresdtrofairea12estaltedransadtion, and Itheitermsmfanyreudhagreement ,thall not necessarily be determinative of a particular relationship. 2079.20 Nothing in this article prevents an agent from_selactipg„as aicoortditioncdf thecagemt's err►ptmyment,as;peeffic€forrrtrriftagenaynrelationshiprndt§pecificaty prohibited by this article if the requirements of Section 2079:il4rand�Section;2U79a17raFe(coMofia&wfth. 2479.21 A dual agent shall not disclose to the buyer that thesellerismillingici SOtrelprgpetty<atalfrifce less thanitheilisbgglpiim,twghaitt#w�eXpressvirittlenzonsent of the seller. A dual agent shall not disclose to the seller thatth6buyeriswilitirigi tolpay,,gpiiwgre8terithan the offering puce,kvvitmrittthefaVress,.wiittencc wtsentjofthe buyer. This section does not alter in any way the duty or responslilbillitydfaduWpgenttoraryypiinaipahvOthrespect to confdentialiirifomhation*r bmftan.TMice. 2479.22 Nothing in this article precludes a listing agent M mrAlsolbdrig”srs0ing,agent,fandIthercombination of these ffundtionsiiwonecagent€does:not,aof!itself, make that agent a dual agent. 2079.23 A contract between the principal and agent maylbe motbfred orettenadttarbaamgeitheragency relationship at anyttimelbeforetthezpetfonmance_of the-act which is the object of the agency with the written consenhtofthspar toithe agency r618ton6t)ip. 2079.24 Nothing in this aside shall be construed to either, duniru#hlthe, dutycefrdisclosure (owed buyers and sellers by agerds"and,ttn%rassociateidkxmsees, subagents, and employees or to relieve agents and 'theirassociate,toensees, subagents,, and t employees from liability for theirconductu.mocormek tiomwiah�acts governed by this article or for any breach of -a fiduciary duty or a Idotyof disdosure. , Published and Distributed by. ■ REAL ESTATE BUSINESS SERVICES, INC. a subsidiary of the Callfomia Association ofREALTORSV Reviewed by_ Date ` 525 South Virgil Avenue, Los Angeles, California 90020 AD REVISED 12114 (PAGE 2 OF 2) DISCLOSURE REGARDING REAL ESTATE AGENCY RELATIONSHIP (AD PAGE 2 OF 2) Produced wilh zipFomi& by zipLog x 15070 Paean 1lhile Road, Fraser, Michigan 48026 wsny_zioLocix.com 1125% Wall St. - A°L I F 0�R N, ` A, VACANT LAND PURCHASE AGREEMENT a_ A�SISOG LA1-BL ° N, AND JOINT ESCROW INSTRUCTIONS ✓ 0 B R�BA•,LIO`RS�"° (C.A.R. Form VLPA, Revised 12116) DatWPhWarsdt:Mtg?ftrZP, ZMIW 1. OFFER: A. THIS IS AN OFFER FROM ("Buyer"), B. THE REAL PROPERTY to be acquired is 12WWAd1NAUanuer• , situated in San 9amamizirm (City,), San Aernaaffirm (county), California, ZZMA: (iTq:Code), Assessor's Parcel No. 9V9z"WTzff1f PropeW). Further Described As Q THE PURCHASE PRICE. offered is IErRwFFnrw ThmL uud _ Dollars $�,S#i®® M- CLOSIEOF ESCRIOW)shall occur on (datle))(or; 15 Days After Acceptance). E:• Buyer, an, dSellblram,,referred to herein as the "Parties." Brokers- are, not Parties th)th%;Agreement. 1 AGENCY.-: A. DISCLOSURE,; Ti he)PArties each acknowledge receipt of a J; "Disclosure Regarding Real Estate Agency Relationships" (G.A.R. Form,ADJ.. B. CONFEWATFON: The following agency relationshipsare, hereby confirmed fartt is, tiansacbbn: Listing Agent NYS (Pont Fihm� Na in e) is the agent of (check one): tR- the Seller'exdusively; or:_ both the Buyer and Seller. Selling .Agent is (P•rint Firm Name) (if not the same as the Listi'ng) Agent)) is the, agent, of (check or,Te:)e x the B'uiyer excibsivelj� or, file Sellerexdusively; or [ both the Buyer and Seller. C. POTENT%ALLY COMPETING, B111YERS, AND SELLERS.- L ERS.- The Parties eachh acknowledge receipt of a I I "Possible Representation of More than One Buyer-or, Seller- Disclosure andi ConsenC' (CAR. Form PRBS). 3. FINANCE TERMS: Buyer represents that fund's• will be good when deposited with Escrow Holder. A. INITIAL DEPOSIT: Deposit shall, be in the amount of ...... . .............. . ..... . ............ $ 3, 006 . CC (1) Buyer Direct Deposit: Buyer shall deliver deposit directly to Escrow Holder by electronic funds transfer, E] cashiers check, !] personal check, r other within 3 business days after Acceptance (or ); OR (2)❑ Buyer Deposit with Agent: Buyer has given the deposit by personal check (or ) to the agent submitting the offer (or to ), made payable to . The deposit shall be held uncashed until Acceptance and then deposited with Escrow Holder within 3 business days after Acceptance (or ). Deposit checks given to agent shall be an original signed check and not a copy. (Note: Initial and increased deposits checks received by agent shall be recorded in Brokers trust fund log.) B. INCREASED DEPOSIT: Buyer shall deposit with Escrow Holder an increased deposit in the amount of ... $ within Days After Acceptance (or ). If the Parties agree to liquidated damages in this Agreement, they also agree to incorporate the increased deposit into the liquidated damages amount in a separate liquidated damages clause (C.A.R. Form RID) at the time the increased deposit is delivered to Escrow Holder. C. kjALL CASH OFFER: No loan is needed to purchase the Property. This offer is NOT contingent on Buyer obtaining a loan. Written verification of sufficient funds to dose this transaction IS ATTACHED to this offeror[] Buyer shall, within 3 (or ) Days After Acceptance, Deliver to Seller such verification. D. LOAN(S): (1) QRST LOM: in the amount of ......... • ...... _ .. _ ...... . . ................. $ This !loan mhll be conventional financing or Q FMA, [J'NA, ]'Seller Tirundrng ((C.A.R. Farm SFA), ] assumed financing ((CAR. Form AFA), ` subject 3o financing, [brier . This Iloan sdhell be pita fixed m is not to exceed %or, ❑ an adjustable irate [loan With initial rate not ttoexosed % Regardless of the type ,afloan, iB r ll [pay[pbinitndtiio exceed % cof#w 21oan ammount. (() SECOND LOAN in the =amount of................................_ _....................................... _ ... _ ...... $ 'This loan-will be conver►tional'financing or [lSeller.frnandng((C1AIR.IForrm`SFA), []�awwmadiimandit (C.A.R.Form AFA), ] subject to financing ! J Other ..'T 'is loan shalt beat a fftxed rate not to exceed % or, [ an adjustable :rate [loan tvliith liriltdl irate act AD tex+fbeed %. Regardless of the type of loan, Buyer shall pay points ndt,'toc exceed %iof theEloawamount. fj) FHAMA: For any FHA or VA loan specified in 31(1), GBt4w4ms 17((o:._i)!Dap /Aller/Acceptance to 'Deliver to Sellerwiitten notice (C.A.R. Form FVA);of any€tender redirieks�orco$fs'ithr#tPBuyw; equests Iler4olpay r�arithetuvise�c�rrect Seller!;has�no obfig�nftD[pW(mr:sM*y tenderiregt irenierb:unless agree in<wtiting. AFHi#IVA amendatorydause (C.A.R.iForrrtl FVAC) Ahg bea(patt dfifas hansaction. E. ADDITIONAL FINANCING TERMS: Buyees inittats ( P . li ) ( t .Selleeslnitials t ) ( ) 019962415, CaMmsia Associatlion of REALTORSO, Inc VLPA REVISED 12115 (PAGE 1 OF 11) VACANT LAND PURCHASE AGREEMENT VLPA PAGE 1 OF 11 KeUer'W'Aiaas R.e dh,1473 Fwd Street Ste 200 Redlands CA 92373 Phorw.1928)848.8585 Fax: 1256 Wdl SL - lam Fernandez Produced with ApFormO by ApLogix 18070 Fifteen Mile Road,'Faw, Lffichigan 48M wwwzioLoaiX.wm Property Address: tf�iGWi11IIA4+err ;5�►r+�rrsrd r SFA/ DMo °M(aa ZF1,2WZ F. BALANCE OF DOWN PAYMENT OR PURCHASE PRICE in the amount of ...................... $ 59� to be deposited with Escrow Holder pursuant to Escrow Holder instructions. G. PURCHASE PRICE (TOTAL):............................................................. $ H. VERIFICATION OF DOWN PAYMENT AND CLOSING COSTS: Buyer (or.Buyer's lender oc low i brokerf pursuant to.paragraph i 3J(1)) shall, within -.3 (or _J Days After Acceptance, Deliver to Seller written verification of1Biry dawmpayment and closing: costs. ( I Verification attached.) I. APPRAISAL CONTINGENCY AND REMOVAL: This Agreement is (or [ is NOT) eontingprrthuponua,writteruappraisal of the Property by a licensedorcertiff"appraiseratino less than the purchase price. Buyer shail9 as speailiadik uparegraph 19B(3), in writing, remove the<appraisWl contingencyrorrcancel this Agreement within 17 (or ) DaywAif b Accepthnee J. LOAN TERMS: (1) LOAN APPLICATIONS: Within 3 (or _) Days After Acceptance, Buyer shall Deliver to Seller a letter from Buyer's lender or loan broker stating that, based on a review of Buyer's written application and credit report, Buyer is prequalified or preapproved for any NEW loan specified in paragraph 3D. If any loan specified in paragraph 3D is an adjustable rate loan, the prequalification or preapproval letter shall be based on the qualifying rate, not the initial loan rate. (❑ Letter attached.) (2) LOAN CONTINGENCY: Buyer shall act diligently and in good faith to obtain the designated loan(s). Buyer's qualification for the loan(s) specified above is a contingency of this Agreement unless otherwise agreed in writing. If there is no appraisal contingency or the appraisal contingency has been waived or removed, then failure of the Property to appraise at the purchase price does not entitle Buyer to exercise the cancellation right pursuant to the loan contingency if Buyer is otherwise qualified for the specified loan. Buyer's contractual obligations regarding deposit, balance of down payment and closing costs are riot corifingencies of this Agreement. (3) LOAN CONTINGENCY REMOVAL: Within 21 (;or _ ) Days. After Acceptance, Buyer shall, as specified in paragraph 119)„ int writing;, remove the loan contingency or cancel this Agreement. If, there is an appraisall contingency, removal of the Ica in contingency sthall not be deemed removal of the appraisall contingency. (4)E. NO LOAN CONTINGENCY: Obtaining any loan specified above is NOT a contingency of this Agreement. If Buyer does not obtain the kin and as a result Buyer does not purchase the Property, Seller may be entitled to Buyer`s deposit or other legal remedies. (5) LENDER LIMITS ON BUYER CREDITS: Any credit to Buyer, from any source, for closing or other costs that is agreed to by the Parties ("Contractual Credit") shall be disclosed to Buyer`s lender. If the total credit allowed by Buyer's lender ("Lender Allowable Credit") is less than the Contractual Credit, then (i) the Contractual Credit shall be reduced to the Lender Allowable Credit, and (ii) in the absence of a separate written agreement between the Parties, there shall be no automatic adjustment to the purchase price to make up for the difference between the Contractual Credit and the Lender Allowable Credit. K. BUYER STATED FINANCING: Seller is relying on Buyer's representation of the type of financing specified (including but not limited to, as applicable, all cash, amount of down payment, or contingent or non -contingent loan). Seller has agreed to a specific closing date, purchase price and to sell to Buyer in reliance on Buyer's covenant concerning financing. Buyer shall pursue the financing specified in this Agreement. Seller has no obligation to cooperate with Buyer's efforts to obtain any financing other than that specified in the Agreement and the availability of any such alternate financing does not excuse Buyer from the obligation to purchase the Property and close escrow as specified in this Agreement. L. SELLER FINANCING: The following terms (or ❑ the terms specified in the attached Seller Financing Addendum) (C.A.R. Form SFA) apply ONLY to financing extended by Seller under this Agreement. (1) BUYER'S CREDIT -WORTHINESS: Buyer authorizes Seller and/or Brokers to obtain, at Buyers expense, a copy of Buyer's credit report Within 7 (or ) Days After Acceptance, Buyer shall provide any supporting documentation reasonably requested by Seller_ (2) TERMS: Buyees promiissory note, deed of trust and other documents as appropriate shall incorporate and implement the following additional terms: (r1 the makirnsi rr irk rate specified in paragraph 3D shall be the actual fixed irk rate for Seiler financing; (a7 deed of Rist shaill roorAain a REGOEST FOR NOTICE OF DEFAULT on senior l (ler) BLW shall sign and pay for a REQUEST FOR (NOTICE OF DELNQUENCY prior to Close Of Escrow and at any fu tum time ifinxtuesled Iby'Seller, (iv) note and deed oi3it sbail min an acceleration dame making the (loan due, when permitted Iby bw;and,,A SdWs (option, upon the sale or transfer of the Property or any 'interest in it; (v) note shall contain ra late charge ,of (8% (of ithe lh9laltment 4 i ((or ) if the installment is not received within iD days of the date 4ue; (() ;title insurance coverage lin the form bf a jird protection policy shall be provided insuring Seller's deed of trust interest in the Property (any increased zost r (owners [policy shall be ,paid by Buyer); and (vii) tax service shall be obtained and paid for by Buyer}th!notffy Seller if prgpedyita lhmexi t1'been paid. (3) ADDED, DELETED OR SUBSTITUTED BUYERS: The addition,,,deletion or substitution W zTMy /person or entity under this Agreement or to title prior to Close Of Escrow shall require Selleesrwritten conserft.6ilerimay�grerttor* 11thhold�consent in Seller's sole discretion. Any additional or substituted person or eritiiyshleq, iffirequeStedlby,,&Itw,.�stibniftitotSditerttheisame documentation as required for the original named Buyer. ,Seller=andior /Brokers may (obtain <a tltt,,rppott, rAt Buyer's expense, on any such person or entity. M. ASSUMED OR "SUBJECT TO" FINANCING: Seller represents ,,that 'Seller i is inot (delinquent (on uarvy 1paymerits ,,due on any loans. Seller shall, within the time specified in paragraph 19, I_provide .Copies (of <all <ppfilicdbie rnotes,,and (dleeds cof 4rust, loan balances and current interest rates to Buyer. Buyer shall' then,,as<4peeifredi in 1paragipoh,,194(0),iremeve1iis,,.coritiegency or :cancdltthisl greensent.Mifferencesdaetween,estirnated and actual !loan Ibalancesushdtllbe,,adjusiedu&(QloseUOflEscrowl,byuash down payment. Impound accounts, if any, shall be assigned and(dharged(tolBuyer,,and,,cr iitett to( ter.4 &i&ad ed(that Buyer's assumption of an existing loan may not release Seller from! fisbiiity<onithat loan. PtfttWssisramassuntptionai%a\,VA Loan, thesale is contingent upon Seller being provided a release of liability, and, substitrhtioncof<eUgFitbffiW,surgme ,-OthervAse�agreed in writing. If the Property is acquired subject to an existing loan, Buyer and SdIereare,-advlsed'to ronsuft,wiih legal counsel regarding the ability of an existing tender to call the loan due, and the consequences theredf. Buyer's Initials ( LEI ) ( ) Seller's Initials]_ VLPA REVISED 12115 (PAGE 2 OF 11) VACANT LAND PURCHASE AGREEMENT (VLPA PAGE 2 OF 11) Produced with For n®by ApLogix 18070 Fifteen Mile Road, Fraser, Michigan 48025 www2kkogix.com 12-56 Wag Sr_ - PropertyrAddress: i?ld3 Wrfi:. Vmyu&-•cm 923014 _ Date::M9xath217,2W* 4. SALE OF BUYER'S PROPERTY: A. This Agreement and Buyer's ability to -obtain financing are NOT contingent upon the sale of any property owned by Buyer. OR B. r- This Agreement and Buyer's ability to obtain financing: are contingent upon the sale of property owned by Buyer as specified? in the attached addendum (C.A.R. Form COP). 5. L MANUFACTURED HOME PURCHASE: The purchase of the Property is contingent upon Buyer acquiring a personal property, manufactured home to be placed on the -Property afters Cs lbswOftEscrow. Buyer [ has ❑ has not entered into a contractifbr the purchase of a personal property manufactured home: W thihi the time specified in paragraph 19, Buyer shall remove: this: contingency or cancel this Agreement, (orl this conting-ency„^shaWremain in effect until the Close Of Escrow-of"the Property)1. 5. L CONSTRUCTION LOAN FINANCING: The purchase, offthe,,Ptopertyjis;contingent upon Buyer obtaining a construction Cbam.& draw from the construction loan []will ❑wilhno#tbe used Wfinance-Ahw,Property. Within the time specified in paragraph 19I.Buyera shall remove this contingency or cancel this Agreement (Or ❑tfiis contingency shall remain in effect until Close Of Escrow, offthe Property). 7, ADDENDA AND ADVISORIES: A�. ADDENDA: L Addendium#A (C,.A.R.. Foran ADM)) Back Up Offer Addendum (C.A.R. Fo=B BUG)') L Court Confirmation) Addendum (f -',&R.. Formi CCA)) Septic, Well and Property Monument Addendum (tlC:A\Rl F-OmmSWPI)) L Short Sale Addendum (C.A.R. Form SSA) L Other B. BUYER AND SELLER ADVISORIES: B'uyer's Inspection Advisory (C.A.R. FormBIA1,, L Probate Advisory (C.A.R. Form PA) ❑ Statewide Buyer and Seller Advisory (C.A`R. Fuumi SBSA)r Trust Advisory (C.A.R. Farm TA) L KLU AOVISOry (U.A.K. I^Orrri KLU) j Short Sale Information and Advisory (GA -R. Forma SSCA) L Other S. OTHER TERMS: 9. ALLOCATION OF COSTS A. INSPECTIONS, REPORTS AND CERTIFICATES: Unless otherwise agreed, in writing, this paragraph only determines who is to pay for the inspection, test, certificate or service ("Report") mentioned; it does not determine who is to pay for any work recommended or identified in the Report. (1) ❑ Buyer ® Seller shall pay for a natural hazard zone disclosure report, including tax Q environmental ❑ Other: prepared by *MvNHD $74.95 (2)1 Buyerl Seller shall pay for the following Report preparedb (3) ❑ Buyer �j Seller shall pay -for following Report prepared by B. ESCROW AND TITLE: (1) (a) CXI. Buyer Ik Seller shall pay escrow fee EACH TO PAY THEIR OWN HALF (b) Escrow Holder shall be SELLER'S CHOICE (c) The Parties shall, within 5 (or _) Days After receipt, sign and return Escrow Holder's general provisions. (2) (a) ❑ Buyer LXi Seiler shall pay for owner's title insuranoe policy specified in paragraph 18E (b) Owner's title policy to be issued by SEL L13M CHOICE (Buyer shall pay for any title insurance policy irm iing Buyer`s lendw, unless otherwise agreed in wading.) C. OTHER COSTS- (1)Buyer, Seller shall pay County transfer tax or fee (2) Buyer iSeller shall pay City transfer tax or flee (3) ' Buyer L Seller shall pay Homeowners' Association ("HOA") transfer fee _ (4) Seller shall ;pay HOA fees for preparing all documents required to be delivered by Civil Code §4525. (5) Buyer to pay for any HOA certification fee. (6) Buyer ('•Seller shall pay HOA fees for preparing all documents other than those required by Civil Code §4525. (7) Buyer _ Seller shall payfor any private transferfee (I3) 1 Buyer Seller shall pay for (9)! Buyer Seller shalLpay for U.CIILOSING AND POSSESSION: Possession shall be delivered10 Buyer:t(i) L at PM or _ AM/ FdM)(ontthecitateWClose Of Escrow; (ii) i— no Tater than calendar days .after 'Close Of "Escrow; or,'(ill) _:'. at _ [ AM/ ❑ PM on The 'Property :skull be 'unoccupied, unless 'dtherwise agreed in wrfing.:Selter :shall provide keys and/or means ito eopeaft'all -Property'tocks. If Propertyis located4n.a commoninterest. subdivision, Buyer may be required to pay a dgpnsittto the"klorneowners Assoeiation`CHOA")to obtain3mystto-accessdRe1HOiAffaditities. =11I.TIMMSIINCLUDEDIN AND EXCL iUDEDG 11*001 SALE: ZA GNB TO BUYER AND SELLER: Mems I listed eas einduded �_or (,exduded in the MLS, flyers or marketing materials r --are snot included in the purchase price on,,excluded`fromothe saie uriless�spedfied in 11B or C. Buyel's Initials ( _ —LE[ r ( ) Seller's Initials ( y ( ) VLPA REVISED 12/15 (PAGE 3 OF 11) 1211 VACANT LAND PURCHASE AGREEMENT (VLPA PAGE 3 OF 11) Produced with zipFont@ by zipLog x 18070 Fineen Mie Ro®d, Fraser. WeNgm 48026 www.ziaLmix.com 7256 Wall St. - Property Address: -12MU AsiIA%wnw Sbr0kvir&wt*m.0W 927111N Date, M4roElf'r3r71.2WIF B. ITEMS iNCLUDBDDIWSALE: (1) AH EXISTING foctures and fittings that are attached to the Property; (2) The following items:. (3) Seller represents -that all items included in the purchase price, unless otherwise specified, are owned by Seller. (4) All items included shall be transferred free of liens and without Sefierrwarranty; C. ITEMS EXCLUDED FROM SALE: 12. STATUTORY AND OTHER DISCLOSURES AND CANCELLATION RIGHTS: A. NATURAL AND ENVIRONMENTAL HAZARD DISCLOSURES AND)Cs17THER BD:O]C 1EW' : Within the time specified in paragraph 19A, Seller, shall;, if:.- requiiectl by Law: (1) Deliver to Buyer eartligfrake gyide(0)I (and,`gpestibnnake)y, environmental hazards booklet; (if) disclose,if'the.Pioperty,is�Ibcated in a Special Flood HazarcliAneal:Potbntial fRbodinyl((hundi3tion))Afea; Very High. Fire Hazard Zone; State, Fiite3ResponsibilltyrArea; Earthquake Fault Zone; and Seismib;Nhzard:Zbne; andi (Ili)) disclose, any other zone as required by Law and provide any,otherinibmYation required for those zones. B. WITHHOLDINGi TAXES; Within the time specified in paragraphs 1'i9A'm, W avoid'regpiiedi with, holdings Sellers shall. Deliver to Buyer or qualifiedisubstiti, W—;,am affidavittsufficient to comply with federall(FIRE'TA)land9Caliiaraiiirwittiholding;llaw;(iC.A.R. Form AS or QS). C. MEGAN'& LAINI D&TABASE DISCLOSURE: Notice: Pursuantt to: Sectibm 2901461 of the P'enal4 Code,. information about specified regisierecil sex olfend'ers, is: made available to the publld; via an Ihtemett Web, sit-, maintairredl by the Department of Justice at wwilrmmKjam w.caLgov/.. Depending on an offender's crimiinall hiistor>Sy„ th, iiiv inftirmatibn wills include, either the address at which the offender resides or the: community of residence and ZiP' Gide' irr which he, or she resides.. (Neither, Seller nor Brokers are required to check. this; website. If Buyer wants further informatibm,, Broker recommends that Buyer obtain information from this website during Buyer's inspection contingency period'.. Brokers d& not have expertise in this area-) D. NOTICE REGARDING GAS AND HAZARDOUS LIQUID TRANSMISSION PIPELINES: This notice is being provided simply to inform you (fiat kdormation about the general location of gas and hazardous find' transmission pipelines is available to the public via the National Pipeline Mapping System (NPMS) Internet Web site maintained by the United States Department of Transportation at http://www.npms.phmsa.dot.gov/. To seek further information about possible transmission pipelines near the Property, you may contact your local gas utility or other pipeline operators in the area. Contact information for pipeline operators is searchable by ZIP Code and county on the NPMS internet Web site. E. CONDOMINIUMIPLANNED DEVELOPMENT DISCLOSURES: (1) SELLER HAS: 7 (or _ ) Days After Acceptance to disclose to Buyer whether the Property is a condominium, or is located in a planned development or other common interest subdivision (C.A.R. Form VLQ). (2) If the Property is a condominium or is located in a planned development or other common interest subdivision, Seller has 3 (or _) Days After Acceptance to request from the HOA (C.A.R. Form HOA1): (1) Copies of any documents required by Law; (11) disclosure of any pending or anticipated claim or litigation by or against the HOA; (iii) a statement containing the location and number of designated parking and storage spaces; (iv) Copies of the most recent 12 months of HOA minutes for regular and special meetings; and (v) the names and contact information of all HOAs governing the Property (collectively, "Cl Disclosures"). Seller shall itemize and Deliver to Buyer all Cl Disclosures received from the HOA and any Cl Disclosures in Seller's possession. Buyer's approval of Cl Disclosures is a contingency of this Agreement as specified in paragraph 19B(3). The Party specified in paragraph 9, as directed by escrow, shall deposit funds into escrow or direct to HOA or management company to pay for any of the above. 13. SELLER DOCUMENTATION AND ADDITIONAL DISCLOSURE: A. Within the time speafied in paragraph 19, if Seller has actual knowledge, Seiler shall provide to Buyer, in writing, the following information: (1) LEGAL PROCEEDINGS: Any lawsuits by or against Seller, threatening or affecting the Property, including any lawsuits alleging a defect or deflcienL7 in the Property or common areas, or any known notices of abatement oT ctahoris filed or issued against the Property. (2) AGRICULTURAL USE. Whether the Property is subject to restrictions for agricultural use pursuant to the Williamson Act (Govern, wAnt Code 1200-51295). (3) DEED RES1 PICTUM- Any deed restrictions or obligations. (4) FAM USE: Mfhetherthe Ply is in, or adjacent to, an area with R>gtd to farm rights ;(Civil Code §3482.5 and §3482.6). ( : Presence of endan, , threstened,'candidate':spedes, norwettandscon the IPrtoperlty. (6,)01L /Any substaances, materials, or products that may bean anvir nmerdal Ihazard iindluding, but not limited tto,asbestos, fiann6lde'hyde,Tadongas, lead -used paint, fuel or chemical storage tanks, and tcordamirmitedssoil ron r on the Property. ((�11) C40NION VIALLS�. /Any features of the Property shared in common with adjoining Ilandowners, €such cas cwaIIs, fences, roads, and driveways, and agriculture and domestic wells whose use or responsibilityfor mairftenancemaylhave<an(affect on the Property. (B) LANDLOCKED: The absence of legal or physical access to the Property. (9) EASEMENTS/ENCROACHMENTS: Any encroachments, easementscor�similar mattersithatcnnaycEiftctfthe[Property. (10) SOiL FILL: Any fill (compacted or otherwise), or abandoned minirfgrgperA ionsronfthelPn*etty. (11) SOIL PROBLEMS: Any slippage, sliding, flooding, drainage, grading.(or othersc>fil problems. (12) EARTHQUAKE DAMAGE: Major damage to the Property or anyrdfithe structures from frre,:eatthquake, floods, or landslides. (13) MONINL;OM M:Ai}ymoriinegaartdlations,mon-conforming uses,corvidlations<of'settiazk7 requirements. (14) 6NE-IGHBORfIGODMf.WBUE-MS:/Artymeifjhborhood noise pr6blems,corrotherrnuisances. B. RENTAL AND SERVICE AGREEMENTS: Within the time specifiedinlpar4grglh 199,;Sfdler<8hatlrmakecavailable to Buyer for inspection ,mndrrevsew.aglccurnentl4eases,rreritalEa�greements, serviceccoritmL!srend(otherrr Wtedemgmements,4icenses,mridtpermits pertaining to the operation or use of the Property. C. [� TENANT ESTOPPEL CERTIFICATES: Within the time specified lin paragraph 919, (Sdkerrshall Adiverito' Buyer tenant estoppel rcerbficatesr(Cf.Ag2.Ffrorm.7EC)rcorrlpteted by Seller or Sellers ageiht,,.and igned 01(b nants,�ad moWledging:((j) that tenants' rental or 9easeEagrtaements areFunmodified eandi in full force and effect (on4modified, stating4 sudu-rnodificetions);((ii) that no lessor defaults eidst,,.andi(iiJWstatingthe amount of any prepaid rentor secuiitydeposit. Buyers Initials ( G 'I t ( ) Sellees Initials ( VI -PA REVISED 12115 (PAGE 4 OF 11) VACANT LAND PURCHASE AGREEMENT (NEPA PAGE 4 OF 11) Produced with zipFomO by zipLogix 18070 Fifteen Mile Road, Fraser, f &49an 48026 www i ,v:i„ corn 1256 Wall St. Property Address: ef'fr''�1SWI��.,,3ikuaiwrr&FdM ,�,CYA 923M Date: MAn*hiM,2mffi D. MELLO-RODS TAX;1915 BOND ACT: Within the time specified in paragraph 19, Seller shall: (f) make a good faith effort to obtain a notice from any local agencies that levy a special taxor assessment on the Property (or, if allowed, substantially equivalent notice), pursuant to the Mello-Roos Community Facilities Act, and Improvement Bond Act of 1915, and (i7 promptly deliver to Buyer any such notice obtained. E. SELLER VACANT LAND QUESTIONNAIRE Seiler shall, within the time specified in paragraph 19, compiete and provide Buyer with a Seller Vacant Land Questionnaire (C.A.R. Form VLO). 14. SUBSEQUENT DISCLOSURES: In the event Seller, prior to Close Of Escrow, becomes aware of adverse conditions materially affecting the Property, or any material inaccuracy in disclosures, information or representations previously provided to Buyer of which Buyer is otherwise unaware, Seiler shall promptly provide a subsequent or amended disclosure or notice, in writing, covering those items. However, a subsequent or amended disclosure shall not be required for conditions and material Inaccuracies disclosed in reports ordered and paid for by Buyer. 15. CHANGES DURING ESCROW: A. Prior to Close--Of Escrow, Seller may engage in the following acts, -('Proposed Changes"), subject to Buyer's rights in paragraph 15B: (1) rent or lease.any part of the premises; (it) alter, modify or extend any existing rental or lease agreement; (iii) enter into, alter, modify or extend any service contract(s); or (Iv) -change the status of the condition of the Property. B. At least 7 (or _) Days prior to any iProposed Changes, Seller shall give written notice to Buyer of such Proposed Changes. Within 5 (or_) Days After receipt of such notice, Buyer, in writing, may give Seller notice of Buyer's objection to the Proposec Changes, in which case Seller shall not make the Proposed Changes. 16. CONDITION OF PROPERTY: Unless otherwise agreed in writing: (1) the Property is sold (a) "AS-IS" in its PRESENT physical condition as of the date of Acceptance and (b) subject to Buyer's Investigation rights; (}i) the Property, including pool, spa, landscaping and grounds, is to be maintained in substantially the same condition as on the date of Acceptance; and (iii) all debris and personal property not included in the sale shall be removed by Close Of Escrow. A. Seller shall, within the time specified in paragraph 19A, DISCLOSE KNOWN MATERIAL FACTS AND DEFEC-S affectirg the Property, including known insurance claims within the past five years, and make any and all other disclosures required cry law. B. Buyer has the right to conduct Buyer lrrvestigations of the property and, as specified in paragraph 198, based upon information discovered in those investigations: (i) cancel this Agreement; or (ii) request that Seller make Repairs or take other action. C. Buyer is strongly advised to conduct investigations of the entire Property in order to determine its present condition. Seller may not be aware of all defects affecting the Property or other factors that Buyer considers Important. Property Improvements may not be built according to code, in compliance with current Law, or have had permits issued. 17. BUYER'S INVESTIGATION OF PROPERTY AND MATTERS AFFECTING PROPERTY: A. Buyer's acceptance of the condition of, and .any other matter affecting the Property, is a contingency of this Agreement as specified '.n this paragraph and paragraph 19B. Within the time specified in paragraph 1913(1), Buyer shall have the right, at Buyer's expense unless otherwise agreed, to conduct inspections, investigations, tests, surveys and other studies ("Buyer lnvestigatlons°), inciuding, but not limited to, the right to: (i) inspect for dead-based paint and other lead-based paint hazards; (it) inspect for woad destroying pests and organisms; (iii) review the registered sex offender database; (iv) confirm the insurability of Buyer and the Property; and (v) satisfy Buyer as to any matter specked in the attached Buyer's Inspection Advisory (C.A.R. Farm BIA). Without Seller's prior written consent, Buyer shall neither make nor cause to be made: (I) invasive or destructive Buyer Investigations except for minimally invasive testing; or (ti) inspections by any governmental building or zoning inspector or government employee, unless required by Law. B. Seller shall make the Property available for all Buyer Investigations. Buyer shall (t) as specified in paragraph 19B, complete Buyer Investigations and, either remove the contingency or cancel this Agreement, and (ii) give Seller, at no cost, complete Copies of all Investigation reports obtained by Buyer, which obligation shall survive the termination of this Agreement. C. Buyer indemnity and Seller protection for entry upon property: Buyer shall: (1) keep the Property free and dear of liens; (it) repair all damage arising from Buyer Investigations; and (iii) indemnify and hold Seller harmless from all resulting liability, claims, demands, damages and costs of Buyer's Investigations. Buyer shall cant', or Buyer shall require anyone acting on Buyer's behalf to carry, policies of liability, workers' compensation and other applicable insurance, defending and protecting Seller from IiabFdy for any injuries to persons or property occurrmg during any Buyer }investigations or work done on the Property al Buyer's &ecfon ;prior to Close Of Escrow. Seller is advised that certain ;prrtections may be afforded Seller by recording a "Notice of Norr�nTrty`(C�AJR. Farm NNR) for Buyer In, and work done on the Property at Buyer's direction. Buyer's obligations under tthis, ipanraoh shall survive the termination or ,cane}talion ,of this Agreement and Close Of Escrow. D. BU TER IS STRONGLY ADVISED TO INVESTIGATE THE CONDITION AND SUITABILITY OF ALL ASPECTS OF THE PROPERTY AND ALL MATTERS AFFECTING THE VALUE OR DESIRABILITY OF THE PROPERTY, INCLUDING BUT NOT LiMrrED TO, THE IMEMS SPECIFIED BBLOIL IF BUYER DOES NOT EXERCISE THESE RIGHTS, BUYER IS ACTING AGAINST THE ADVICE OF BROMRS. BUYER L"WERS TANDS THAT ALTHOUGH CONDITIONS ARE OFTEN DIFFICULT TO LOCATE AND DISCOVER, ALL REAL PROPERTY CONTAINS CONDI[It ONS THAT ARE NOT READILY APPARENT AND THAT MAY AFFECT THE VALUE (OR EMIRABILITY OF 71ME PROPERTY. BUYER AND SELLER ARE AWARE THAT BROKERS DO NOT GUARANTEE, AND IN NO WAY ASSUME RESPONSIBILITY FOR, THE CONDITION OF THE PROPERTY, 13ROKERSHAVE ,NOT AND WILL NOT VERIFY ANY OF THE ITEMS IFN "THIS PARAGRAPH 17, UNLESS OTHERWISE AGREED IN WRITING. E. SIZE, LINES, ACCESS AND BOUNDARY: Lot dize,7propedy lines, legal or physical access -and boundades*tdiudog1satures of the .Property shared in common with adjoining landowners, such-as walls, fences, roads and driveways, �Wli semsemrr•Tesponsibility for maintenance may°have an effect-on the Propeity and any encroachments, easemeritscorsimilar nmdt rsiff+a Tmyr ,tffecditheiPrgpetty. fences, ,hedges, -walls .and other natural or.,-constructed 'barriers -or markers (do indrt €necessaiill derfi* itrue ITPrppetty [boundades. Property'lines maybe veiifmd,bysurvey):(Unless-otherwiae;specified in-witft,mrWrnumencal,Statements[h1YGBrdcerswrggeddingEttit€size are APPROXIMATIONS ONLY,,which have not been-and "I not be--uerifief),�andi shoutdi ndt[bei reliedaupon[ thriSwier�) F. ZONING !ANO PLAND USE: Past, present, or proposed laws, ordinances, rreferendums, 4nitiatives, �Wtes, ap ationStand Merniits affecting the:cunent use ofthe.Profseity, trriune developmerit,.aoning, biiildirag,asize,cgovemrneritall}aernbls and'sinspedhons_/A,nyzooirmg violations, non-corifomiing uses, or,viorations df etback" requirements. (Buyer�sholild aisoainvestigatewVlnethertttaese rraatlers atTect Buyer's intended .use'dithe'Propetty) G. UTILITIES AND SERVICES:"Availability; costs„restrictions and location of utilities and services, induding,butnot fimitedrto,,sewerage, sanitation, septic and leach lines, water, electricity, gas, telephone, cable TV and drainage. Buyer's Initials ( _ L q7I ) ( f Seller's Initials VLPA REVISED 12115 (PAGE 5 OF 11) VACANT LAND PURCHASE AGREEMENT (VLPA PAGE 5 OF 11) fPPJR1VN1'Y Produced wAh # Form® by *Logbc 18070 Fdreen Mile Road, Fraser, Midugan 48026 wwwApLRgk&orn 1256 wall Sr. - Property Address.19MM 1Hl4%iwrueL.Sb n wnwdiira�Ct}q 92N& Date .Alfdffoth28).2Wffi H. ENVIRONMENTAL HAZARDS: Potential environmental hazards, including, but not limited to, asbestos, lead-based paint and other lead contamination, radon, methane, other gases, fuel, oil or chemical. storage tanks, contaminated soil or water, hazardous waste, waste.disposal sites, electromagnetic fields, nuclear sources, and other substances, including mold (airborne, toxic or otherwise), fungus or similar contaminant, materials, products or conditions. 1. GEOLOGIC CONDITIONS: Geologiciseism c conditions; soil and terrain stabitity, suitability and drainage including any slippage, sliding, flooding, drainage, grading, fill (compacted or otherwise), or other soil problems. J. NATURAL. HAZARD ZONE: Special Flood Hazard Areas, Potential Flooding (Inundation) Areas, Very High Fre Hazard Zones, State Fre Responsibility Areas, Earthquake Fault Zones, Seismic Hazard Zones, or any other zone for which disclosure is required by Law. K. PROPERTY DAMAGE: Major damage to the Property or any of the structures, or non-structural systems and components and any parsonal ,property included in the sale from fire, earthquake, floods, landslides or other causes. L. NEIGHBORHOOD, AREA AND PROPERTY CONDITIONS:; Ndghborhaod orarea conditions;. including Agricultural Use Restrictions pursuant: t& the Williamson Act (Government Code §§51200;&1295),. Right. Toa Farm, Laws; (Giuil' Code §3482.5 and §3482.6),schools, proximity, andi adequacy, of laws enforcement, crime statistics,, the, proximity° of registered' felons: or offenders;fire protection, other governrment,serviiies,,avail ibility;.adequacy and cost of any speedwriisecf,.wiWi3e, ihthmeticonnections or other telecommunications or other technology; services and installations, proximity to commercial, indbsthbl& or agnculturall activities, existing and proposed tiransportationtconstilm ctibna and development that, may affect noise;, views, or, thaffic;. airport noise;, noise or odor from any source, aban, dbnedl mining operations on the Property, wild and dbmestit, aniiaaal , other nuisances;, hazards, or circumstances, protected species,,wettand:'properties, botanical diseases, historic or°other, governmentally protected sites,or improvements, cemeteries, facilities and] condition of common areas of common interest subdivisions , and possible lack of. compliance with any governing documents or Homeowners" Association requirements, conditiions• and influences of significance, to, certain cultures, an, religions, and personal needs; requirements and preferences of Buyer. M'. COMMON" INTEREST: SN'BON,11SIONS:: OWNER ASSOCI'ATION'S. Facilities and conn of common areas (facilities such as pools; tennis carts, walkways, or other areas co -awned in undivided) in, with others), Owners." Association that has any authority over the. sum property, CCBRs, or other deed restrictions or obligations, and possible lack of compliance with any Owners' Association requirements. N. SPECIAL TAX: Any local agencies that levy a special tax on the Property pursuant to the Mello -Roos Community Facilities Act or Improvement Bond Act of 1915. O. RENTAL PROPERTY RESTRICTIONS: Some cities and counties impose restrictions that limit the amount of rent that can be charged, the maximum number of occupants and the right of a landlord to terminate a tenancy. P. MANUFACTURED HOME PLACEMENT: Conditions that may affect the ability to place and use a manufactured home on the Property. 18. TITLE AND VESTING: A. Within the time specified in paragraph 19, Buyer shall be provided a current preliminary title report ("Preliminary Report"). The Preliminary Report is only an offer by the title insurer to issue a policy of title insurance and may not contain every item affecting title. Buyer's review of the Preliminary Report and any other matters which may affect title are a contingency of this Agreement as specified in paragraph 19B. The company providing the Preliminary Report shall, prior to issuing a Preliminary Report, conduct a search of the General Index for all Sellers except banks or other institutional lenders selling properties they acquired through foreclosure (REOs), corporations, and government entities. Seller shall within 7 Days After Acceptance, give Escrow Holder a completed Statement of Information. B. Title is taken in its present condition subject to all encumbrances, easements, covenants, conditions, restrictions, rights and other matters, whether of record or not, as of the date of Acceptance except for. (i) monetary liens of recons (which Seller is obligated to pay off) unless Buyer is assuming those obligations or taking the Property subject to those obligations; and (ti) those matters which Seller has agreed to remove in writing. C. Within the time specified in paragraph 19A, Seller has a duty to disclose to Buyer all matters known to Seller affecting titre, whether of record or riot. D. At Close Of Escrow, Buyer shall receive a grant deed conveying We (sir, for stock cooperative or long-term lease, an assignment of stock ceritificateor of Sellers leasehold interest), including oll, n0rieral and water .n" If currently owned by Seller- Title shall vest as designated in Buyer's supplemental escrow instructions. THE M-WNER OF TAKING T1Tt.E IMAX HAVE SIGNIFICANT LEGAL AND TAX CONSEQUENCES. CONSULT AN APPROPRIATE PROFESSIONAL. E. Buyer shall receive a ` CLTA/ LTbA Homeowner's Policy of Tittle Ilnsurance, if applicable to :the type sof property and buyer. A title (company„ ast Bu3rer's inequest, can, provide Infor�ion ;abowt',the,availabilityy, desirability ccoverage, -and cost of various title insuramoe uoverigges :and endorsements. Illi (Buyer (desires title coverage xother than that required Iby:this Iparagraph, Buyer shall instruct Escrow Holder in writing and shall pay any increase in cost. 19. TiME PERIODS; REMOVAL OF CONTINGENCIES; CANCELLATION (RIGHTS: The faltowing'Bine periods may only be extended, altered, modified or changed by mutual written agreement. Any ni mraval of contingenciesarecancellation under this paragraph by either Buyer or Seller must be exemised in good faith end i In writieg ;(IC ALR.IForm CWor(CC). A. SELLER HAS: 7 (or_ ) Days After Acceptance to l�dliver' [Buyer,611 [Rpports, (disclosures ,and, information for which Selier is responsible under paragraphs 3M, 7A, 8, 9,12A, B, and IE,'13, 16A,andIRA. IB#yerrAdter*,at1Ddlive*g'[to Seller a Notice to SoIterite Perform (C.A.R. Form NSP) may cancel this Agreementitf,Sellerlhas ndtLMliveredttheikems\wft iinttheifime specified. B. (1) BUYER HAS: 17 (or_) Days After Acceptance, untess,dtherwise<agreadiin wvni ng,ito: (9 complete all Buyer Investigations; review all disclosures, reports. ,and E6therAWicd Ile iiniormation, v*hidh Buyer receives from Iter, and approve all matters affecting the Property;,and°(it),Delhwe to : 41er�SgpwdCCgpies�6f�StdttrRyI Disclosures andrather disclosures Delivered by Seiler in accordance with paragraph,12A. ((?,) Within the time specified in paragraph 19B(1), Buyerrmay�requeat�that� eriniAmirapairseorttWmearty,6theraction regardirrgtthe Property (C.AR. Form RR). Seller has no obligation to agreei to,orrespondito((CJLR.I Form RRRRlBpyeesi requests. ((') By the end of the time specified in paragraph 198(1),(ores�c5#herun e< ffeldiomtf6islsAgreement),IBuyer thall Deliver to Seiler a removal,bfthe�applicable�contingency or cancellation (C.A.R.J Form, CRortfCC y-6fthis/Agreement.1 However,4 any report; disclosure or'iriformationlfnrwlnich Seller is responsible is°not Deliveredthirr the'time.speexFiediinlregraph'=49A, then Buyer hast5((or _i) FDays'After-Deliver -any such items, or the time -specified' in paragraph`1913(1); whicheverisIate•r; to Deliver to Seller a removal of the applicable contingency or cancellation of this Agreement. Buyer's Initials ( LEI ) ( ) Sellees Initials VLPA REVISED 12/15 (PAGE 6 OF 11) ®ua Ha sem VACANT LAND PURCHASE AGREEMENT (VLPA PAGE 6 OF 11) Produced with ZpForrnb by api ogix 18070 Fifteen Mae Road. Fraser, 48026 www-Agga can 121,6 Well W. - Property Address: 1?AfrrEiNitif L4%imnw SSriRwnwd*iCry.aW 22&04 Date�:MArdh22fJ,2tt S (4) Continuation of Contingency: Even after theend of the time specified in paragraph 19B(1) and before SetliaueanceK,iffatlaj pursuant to paragraph 19C, Buyer retains the right, in writing, to either (i) remove remaining contingencies;.orr(uiccanedithis Agreement based on a. remaining contingency, Once Buyer's written removal of all contingencies is Delivered t6°Sb1l1'er;.SeW may; not cancel this Agreement pursuant to paragraph 19C(1). C. SELLER RIGHT TO CANCEL: (1) Seller right to Cancel; Buyer Contingencies:: Ili, byo thw time specified in this Agreement, Buyer does not Detiveru too SSeller+ a removal of the applicable contingency,orccanceilation�of'this Agreement, then Seller, after first Delivering to Buyer a Notice !13 Buyer to Perform (C.A.R. Form NBP), may, eancellthib-Agreement. In such event, Seiler shall authorize the return of Buyer's deposit except for fees. incurred by Buyer. (2) Seller right to Cancel; Buyer ContiacilCWi&ddnsi: Seller, after first delivering to Buyer a NBP, may cancetVttii65Agpmmentlifi.by the time specified in this Agreement; Bbyarrdoes:notlthke thefbllowing actlon(s): (1) Deposit funds as requiiedit paragraphi3fter 3B or if the funds deposited pursuant to paragraph 3A or 3B are not good when deposited; (Ii) Deliver anaticp--aFi � AXer,-VA9 emrs, or terms as required by paragraph 3D(3) (C.A.R Form FVA), (iii) Deliver a letter as required by paragfapfir l((Ii)), ((lir)) lildiirm verification as required by paragraph 3C or 3H or if Seiler reasonably, disapproves of the verification provided byj paragraphic 3C or. 3H; (v) Return Statutory Disclosures as required by paragraph 12A; or (vi) Sign or initial a separate liquidate:dJdarnages,fnrmufnrani increased deposit as required by paragraphs 3B and 2713; or (vii) Provide evidence-of authority to sign in a representative capacity as specified in paragraph 19. in such event, Seiler shall authorize the return of Buyer's deposit, except for fees incuned by Buyer. D. NOTICE TO BUYER OR SELLER TO) PERFORM'-, The: NBP' or NSP shall: (1) be in writing; (ii) be signed by the applicable Buyer or Seller; and (iii) give the., Gther Party/ at least 2(bv _ ))Days After Delivery (or until the time specified in the applicable paragraph, whichever occurs last),, to) take the applibable actiom. A NBP or NSP may not be Delivered any earlier than 2 Days Prior to the expiration of the applicable time for the other Party/to) remove a contiingencyor cancel this• Agreement or meet an obligation, specified i in paragraph 19. E. EFFECT OF BUYER`S REMOVAL. OF CONTI'NGENCiES: if, Buyerr removes, in writing, any contingency or, cancellation rights, unless otherwise specified) in i writing, Buyer shaill conclusively be deemed to have: (J completed all Buyer Investigations, and review of reports and other applicable informatiorn and disclosures pertaining to that contingency or cancellation right; (ii) elected to proceed with the transaction; and (iii) assumed all siabTtty, responsibifoty and expense for Repairs or corrections .pertaining to that confingency -or cancellation right, or for the inability to obtain finaaoing. F. CLOSE OF ESCROW: Before Buyer or Seller may cancel this Agreement for failure of the other Party to dose escrow pursuant to this Agreement, Buyer or Seller must first Deliver to the other Party a demand to dose escrow (C.A.R. Form DCE). The DCE shall: (i) be signed by the applicable Buyer or Sealer; and (ii) give the other Party at least 3 (or ) Days After Delivery to dose escrow. A DCE may not be Delivered any earlier than 3 Days Prior to the scheduled close of escrow. G. EFFECT OF CANCELLATION ON DEPOSITS: If Buyer or Seller gives written notice of cancellation pursuant to rights duly exercised under the terms of this Agreement, the Parties agree to Sign mutual instructions to cancel the sale and escrow and release deposits, If any, to the party entitled to the funds, less fees and costs incurred by that party. Fees and costs may be payable to service providers and vendors for services and products provided during escrow. Except as specified below, release of funds will require mutual Signed release instructions from the Parties, judicial decision or arbitration award. If either Party fails to execute mutual instructions to cancel escrow, one Party may make a written demand to Escrow Holder for the deposit (C.A.R. Form BDRD or SDRD). Escrow Holder, upon receipt, shall promptly deliver notice of the demand to the other Party. If, within 10 Days After Escrow Holder's notice, the other Party does not object to the demand, Escrow Holder shall disburse the deposit to the Party making the demand. If Escrow Holder complies with the preceding process, each Party shall be deemed to have released Escrow Holder from any and all claims or liability related to the disbursal of the deposit. Escrow Holder, at its discretion, may nonetheless require mutual cancellation instructions. A Party may be subject to a civil penally of up to $1,000 for refusal to sign cancellation instructions if no good faith dispute exists as to who is entitled to the deposited funds (Civil Code §1057.3). 20. REPAIRS: Repairs shall be completed prior to final verification of condition unless otherwise agreed in writing. Repairs to be performed ,at Seller's expense may be performed by Seller or through others, ;provided that the work complies with mile Law, includrg governmental permit, inspection and approval requirements_ Repairs shall be (performed in a good, skillful manner wo, imateriats of qua! and appearance comparable to existing materials. It is understood tthat exact restoration of appearance or cosmetic tter is following gall Repairs may not be possible. Seller shall: O obtain invoices and (paid receipts for Repairs performed by a faers, (ffi) iprepare a written statement indicating the Repairs performed by Seller and the date.df,such Repairs; and (iii provide �Cppi s(ofiinvoices:and paid receipts and statements to Buyer prior to final verification of condition. 21. FINAL VERIFICATION OF CONDITION: Buyer shall have the rightito make a final verification ofithe Prgpeltywwithin5f4_)Days Prior to Close Of Escrow, NOT AS A CONTINGENCY OF THE SALE, but solely to confirm: (i) the Property is imairitained )pursuant to paragrap 16; (ii) Repairs have been completed as agreed; and (iii) Seiler has(complied with Seller's other obligationsiunderilt Agreement (.C.A.R. Form VP). 22. ENVIRONMENTAL HAZARD CONSULTATION: Buyer and Seller acknowledge: (i) Federal, state, :anti local I'leg"raiation'rirrlpose (Viability upon existing and former owners and users of real property, in applicable situations, for certain legislatively (d6frned, emriranr wftlly hazardous substances; (ii) Broker(s) hasihave made no representation concerning the applicabllily(df,ar4y�sudhlLawttoithisibwadfim(aritD Buyer or to Seller, except as otherwise indicated in this Agreement; ((ill) Broker(s) hasihave made no irspreseritaticnn ccsoncerhirig ithe existence, testing, discovery, location and evaluation ofifor, and risks posed by,,environmentallylhazardous�sdbdtan m,iif:any,lloodad(on or potentially affecting the Property; and (iv) Buyer and Seller are each<advised to consult withitedhnica[and legdl(expetWconcenftr the existence, testing, discovery, location and evaluation offfor, and ftWposed by, environmentally hazardous.sWxdances,iifmn y,E (,on or potentially affecting the Property. 23. PRORATIONS OF PROPERTY TAXES AND OTHER ITEMS: Unless otherwise agreed in evhiting, Ahe '4611orrrr N Aerns sill the PAID CURRENT and prorated between Buyer and Seller as of Close Of Escrow: real property Itaxes �and �assessments,€h1te[+dt,T> , HOA regular, special, and emergency dues and assessments imposed prior to Close Of Escrow, �premiums ion i insurance Fassumed by Buyer, payments on bonds and, assessments assumed iby Buyer, and payments on Mello-Roos and +other `-Special: Assessment Buyer's Initials ( LTI ) ( 1 Seller's Initials VLPA REVISED 12115 (PAGE 7 OF 11). a� VACANT LAND PURCHASE AGREEMENT (VLPA PAGE 7 OF 11) Produced with apFomO by apLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 wwwiiWMix-com M% W211 5Y. - Property Address�.fYEZWlWl44imuM. ,07A 9MM Date: Ritlrrode 2j.21"S District bonds and assessments that are now a lien. The following items shall be assumed by Buyer r WITHOUT CREDIT i tbwar& the, purchase: price: prorated payments on Mello -Roos and other Special Assessment District bonds an& assessments and HOAe special( assessments that are now alien but not yet due. Property will be>reassessed upon change of ownership; Any supplemental lttmbills;shatl f be paid as follows: (t) for periods after Close Of Escrow, by Buyer; and (ii) forperiods prior to Close, Of`Escrow�,by Seller (§ee:C�A.R� Form SPT or SBSA for further information). TAX BILLS ISSUED) AFTER CLOSE OF ESCROW r SHALL BE HANDLED> DIRECTLY,' BETINEEN BUYER AND SELLER. Prorations:shall be made based on a,30?daymonth. 24. BROKERS: A. COMPENSATION: Seiler or Buyer, or both, as applicable, agrees ton pay; compensation to Broker as specifiedi in a, separate written. agreement between Broker and that Seller or Buyer. Compensatibm WpayabW, upon Close Of Escrow, ore iff escrow does note cl4 se , as .otherwise specified in the agreement between Broker and that Selleraor, Buyer B. SCOPE OF DUTY: Buyer and Seller acknowledgw and agree that, Broker: (() Does not decide what price Buyer should pay, or Seiner should accept; (it) Does not guarantee the conditlon of the: Property;; (fill) floes, not guarantee the performance, adequacy, or completeness of inspections, services, products or, repairs provided or, made by, Seller or- others;: (iv) Does not have an obligation to conduct an inspection of common areas or areas° off 'the: sit& of the, Property;. (vy Shall: not, be, responsible for identifying defects on the Plwpertyft, in common areas, or offsite unless sucha defecct& are: visually, observable; by arra inspection) of. reasonably, acceasibie, areae of the Property or are known to Broker, (vi) Shall' not be responsible for. inspecting public, records, or, permits concerning, the title: arr use, of Ptoperty;: (vii) Shall not be responsible for identifyingl the location of boundary lines or other items affecting title; (viii) Shall not be responsible for verifying square footage, representations of others: or ihformation contained in Investigation reports, Multiple Listing Service, advertisements, flyers or other promotional, matenalt; (iu) Shall] not be responsible for determining the fair market value of -the Property, or any, personal property included in the sale;: (kj Shall] not. be responsible for providing legal or tax advice regarding any aspect of a transactions entered into by Buyer or Seller;: and] (,d) Shall not be responsible for providing other advice or information that exceeds the knowl'ed'ge,,, education and experience required to) perform, reat estate licensedactivity._ Buyer and Seller agree to, seek legal!„ tax„ ihsurance„ title; and other desired assistance from appropriate professmnals. 25. REPRESENTATIVE CAPACITY: If one or more Parties is signing the Agreement in a representative capacity and not for himlherself as an individual there that Party shall so indicate in paragraph 37 or 38 and attach a Representative Capacity Signature Addendum (C-A.R. Farre IRCSD). Wherever the signature or initials of the representative identified in the RCSD appear on the Agreement or any related documents, it shall be deemed to be in a representative capacity for *,he entity described and not in an individual capacity, unless otherwise indicwted. The Party acting in a representative capacity (i) represents that the entity.for Mich that party is acting already exists and (ii) shall Deliver to the other Party and Escrow Holder, within 3 Days After Acceptance, evidence -of authority to act in that capacity (such as but not limited to: applicable ,portion of the trust or Certification Of Trust (Probate Code §1810D.5), letters testamentary, court order, power of attorney, corporate .resolution, or formation documents of the business entity). 26. JOINT ESCROW INSTRUCTIONS TO ESCROW HOLDER: A. The following paragraphs, or applicable portions thereof, of this Agreement constitute the joint escrow instructions of Buyer and Seller to Escrow Holder, which Escrow Holder is to use along with any related counter offers and addenda, and any additional mutual instructions to close the escrow: paragraphs 1, 3, 4B, 5, 6, 7A, 8, 9, 12B, 18, 19G, 23, 24A, 25, 26, 32, 35, 36, 37, 38 and paragraph D of the section titled Real Estate Brokers on page 11. If a Copy of the separate compensation agreement(s) provided for in paragraph 24A, or paragraph D of the section titled Real Estate Brokers on page 10 is deposited with Escrow Holder by Broker, Escrow Holder shall accept such agreement(s) and pay out from Buyer's or Seller's funds, or both, as applicable, the Brokers compensation provided for in such agreement(s). The terms and conditions of this Agreement not set forth in the specified paragraphs are additional matters for the information of Escrow Holder, but about which Escrow Hodder need not be concerned. Buyer and Seller will receive Escrow Holders general provisions, if any, directly from Escrow Holder and mnli execute such provisions within the time specified in paragraph 9B(1)(c). To the extent the general provisions are inconsistent or eonfldct with this Agreement, the general provisions will control as to the duties and obligations of Escrow Holder only. Buyer and Sefler will execute additional instructions, documents and fairins provided by Escrow Holder that are reasonably necessary to close the escrow and, as directed by Escrow Holder, within 3 (or _) Days, shall pay to Escrow Holder or HOA or HOA ma aagernent company or others any fee required by paragraphs 9, 12 or e'Iserhere in this Agreement. B. A spy of this Agreement indluding any counter zffer(s)) arid addenda sball be (delivered to Escrow Holder within 3 nays After Awiepitance((or ). Buyeracrd Seller authorize Escrow !Holder to accept and rely on Cries unci Signatures as defined lin this Agreement as originals, to open cescrow:and ifor hither 1purimses (of escrow. The validity of this Agreemerd as between [Buyer and Seller is not affedted Eby whether or when [Escrow [Holder Signs Ahis /Agreement. (Escrow 'Holder shall (provide Sellers Sta a meat cof information to Title company when :received [from ;Seller. Iff ,Welter delivers anaffidavit to Escrow :holder tto satisfy Seller's FIRPTA obligation under paragraph 12B., Escrows 161der,shall(deliverito/Buyer as(Qualified tStb9tihulte temeudihhat=nrolies cv1/'Itht derdl Law. C. Brokers care m (patty, fto tthe escrow for'the sole purpose of (comipensation Ipursuaeit (to ,paragraph'24A <and tparagraph D (cif ifhe section ititied Tteell Ettate IBredkers core page 11. Buyer anis Seller irrevocably <aaftn to IBrdkem acoMpensation ;specified in iperpgraph ,24A, and iinevnedblyiindbudtEscrowHolder to disburse those funds itolBrdkeraAtJC1ose (Of IEscr)wrorlpursuant to anycetherlmutd ual y(execute 'canceltation agreement. Compensation instructions can be,amended cor irevoked cmily l*M [the rwaftten consetiitcdif fBrdkers. (Buyer nand Seller shall release and hold 'harmless Escrow Holder *= zany Ilidbilily reesulting 4rom (Escrow tHolder's tpaymerit ito 1Brdk0(1j) cdlf -compensation pursuant"to this Agreement. [D. apex receipt, Escrow Hotder;shall provide Seller and SelterstBr6keryzedficAtiono6fiBgyWardeptigiticif funds pursuant4o[parag ph:3A °and"i3B. Once Escrow Holder becomes aware of any aof_theifditowing,IEscmwltHdtder: llfimrmetlia*lylnobfy all Brokers: ((I)MIBE ?s initial or any additional depositiisrndtgmade pursuant to this!Agreeement,eoriisrnotcgood<atrtWite�dfcdapalsitiwith Escrow Hoider;cor(QQ4 B yer-and' Seller instruct Escrow Holder to cancel escrow. E. .•A Copy, of any amendment that affects any paragraph cdf bilis /Agreement for ,which Escrow Holder is responsible shall tide -delivered to Escrow Holder within 3 Days after rnutualexeaifionsofitheaamendment. Buyers Initials ( LFI ) ( _ _ Sellers Initials ( ) ( VLPA REVISED 12115 (PAGE S OF 11) VACANT LAND PURCHASE AGREEMENT (VLPA PAGE 8 OF 11) Produced with zipForm®by zipLogix 18070 Fidieen Mile Road, Fraser. blchigan 48026 www21gj,_ 1x.ccrn 125E Wall St. - Property Address: I Saw Date: MtlrothZdL.2117ffi 27. REMEDIES FOR.BUYER'S BREACH OF CONTRACT: A. Any clause added by the Parties specifying a remedy (such as release or forfeiture of deposit ormaking>wdeposit non- refundable) fbr failure of Buyer to complete the purchase in violation of this Agreement shalUlrie deemedl iinralid unless the clause independently satisfies the statutory liquidated damages requirements set forth in the Civil Code. B. LIQUIDATED DAMAGES: If Buyer fails to complete this purchase because of Buyer's default, Seller shall retain, as liquidated' damages, the deposit actually paid. Buyer and Seller agree that this amount is a reasonable sum giveathat it is impractical or extremely difficult to establish the amount of damages that would actually be suffered by Seller in the event Buyerwere to breach this Agreement. Release of funds will require mutual, Signed release instructions from both Buyer and Seiler, judicial decision ovarbitradon award. AT TIME OF ANY INCREASED DEPOSIT BUYER AND SELLER SHALL SIGN A SEPARATE LIQUIDATED DAMAGES PROVISION INCORPORATING THE INCREASED DEPOSIT AS LIQUIDATED DAMAGES (CJLR,FORM RID). Buyer's Initials LEI ! Seller's. Initials 1 28. DISPUTE RESOLUTION., A. MEDIATION: The Parties agr a to) mediate any dispute or claim arising between: theme out, of this; Agement, or anyr resulting transaction, before resorting to,, artbittration or court action through the G,&R� Consumer Mediation Center r (,www. consumermedietfiomm,g)) or thrrougho an, y. other mediation provider or service mutUalliy, agreed: to' by, th, a Parties:. The Parties also agree to mediate any disputes or claims with Broker(sy„who„ in writing;,agreae to such, mediation prior, to; or within a- reasonable: time, after; the dispute: or, claim is; presented, t03 the, Broker.. Medietionl bees„. if any, snail be divided equally. among the Parties! involved:. If, for any, dispute or claicno to which: thin paragraph applies„ any, Partys (1) :=rrnences an action without. first attempting to, resolve the matter through mediation„ or (ii), before: commencermentf of an actio, refuses to mediate after a. request has been made;, then that. Party shall not. be. entitled to, recover attorney, fees,, even if they would otherwise be available: to that Party in any such action.. THIS MEDIATION PROVISION APPLIES WHETHER OR NC Y THE ARBITRATION PROVISION IS INITIALED.. Exclusions from this mediation agreement are specified int paragraph 28C. B. ARBITRATION OF DISPUTES: The Parties agree that any dispute or claim in Law or equity arising between them out of this Agreement or any resulting transaction, which is not settled through mediation, shall be decided by neutral, binding arbitration. The Parties also agree to arbitrate any disputes or claims with Broker(s), who, in wn ing, agree to such arbitration prior to, or within a reasonable time after, the dispute or claim is presented to the Broker. The arbitrator shall be a retired judge or justice, or an attorney with at least 5 years of transactional real estate Law experience, unless the parties mutually agree to a different arbitrator. The Parties shall have the right to discovery in accordance with Code of Civil Procedure §1283.05. In all other respects, the arbitration shall be conducted in accordance with Title 9 of Part 3 of the Code of Civil Procedure. Judgment upon the award of the arbitrator(s) may be entered into any court having jurisdiction. Enforcement of this agreement to arbitrate shall be governed by the Federal Arbitration Act. Exclusions from this arbitration agreement are specified in paragraph 28C. "NOTICE: BY INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CML PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY." "WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION TO NEUTRAL ARBITRATION." fBuler's Initials LEI 1 �reller�Itnitiafls / C. ADDITIONAL MEDiATit1N AND ARBITRATION TERMS: (1) EXCLUSIONS. The following :matters are excluded from imediation and awn: ,,fQ ajudicial (or rrron-+judicial foreclosure or other action or proceeding to enforce a (deed of trust, mortgage rorirrstailmentfland sa61e (contract as defined �in Civil Code §2985; .(ii) an unlawful detainer action; and (iii) any rnaftertthit4s;mi thin hejuded'idtion of a probate, small claims or bankruptcy court. (2) PRESERVATION OF ACTIONS: The following shall not constitute a rwalver (nor VidlMlon cdf Ow Ime#tiMan and arbitration provisions: (I) the filing of a court action to 1preserve a r#tilittft clef fir iitations,; ((i))ithei` ling (ofto (court action to enable the'recording of a notice of pending action, ifor(orderdf<attachment, receiversitijp,iirijunction,cor other provisional remedies; or'(iii) the filing of a mechariidlsilien. (3) BROILS: Brokers shall not be obligated nor compelled Aoimediate cm�atbittate° unless4ipy�pgreeftordwso in writing. Any Brokers) participatingin mediation or arbitration: lrallinotlbecdeemed a,pattyn164w/Agreemerit. 29. SELECTION OF SERVICE PROVIDERS: Brdkers'do not:guarantee: the iperformancecofany -vendors,,seTviceforproduetipr"ders !("ProViders"), whether referred bykBnekert-or,�sele¢ted@.OyF�Brlyer, Sellercor(dtherrperson.'Buyer and SellerrntayseleotfAN,YiPro iders ,g. 30. MULMPLECLISTMfGBERVICf;(0,MLSv):rBrokerseare,authorized twreport4o,the&MLS,&pendingsaWand,,upon -Close Of -Escrow, the sales pace an&otheraerms dtIN&transaction _shall be provided tatheIMLSAla, bwpublished, and disseminated to: persons and entities authorized�to+ ase the information on terms approved by the MLS. Buyer's Initials ( LI I i ( ) Sellers Initials ( 1 { I VLPA REVISED 12115 (PAGE 9 OF 11) VACANT LAND PURCHASE AGREEMENT (VLPA PAGE 9 OF 11) o'� Produced with apForm& by apLo& 18070 Fifteen Mile Road, Fraser, Michigan 48026 www_ziAXK coM 1246 Wall St. - Property Addresss:II lSKW A�+er ue� -13p,®arr�iroT,MA MM _ Date: MMraHi2di,2Wfih 31. ATTORNEY FEES: In any action, proceeding, or arbitration between Buyer and Seller arising out of this.Agreement, the p•evai9ingl Buyer or Seller shall be entitled to reasonable attorneys fees and costs from the non-prevailing�Buyer or Seiler, except as proWdsdl in paragraph 28A. 32. ASSIGNMENT: Buyer shall not assign all or anWparttof�Bb3W1i0nterest in this Agreement without first(having,obtained the written consent[ of Seller. Such consent shall not be unreasonaiikwKiteIiiuntess otherwise agreed in,wriiiing. Any4otallorpartial assignment shallln€titf relieve Buyer of Buyer's obligations pursuanttt6(thi'iii-Agreement unless otherwise agreed(iniwrifing by, lidr(Q�A.Rf ,Farm AOAA), 33. EQUAL HOUSING OPPORTUNITY: The Propertkfiesoid:lin:compliance with federal, state and l6callantl+discriminatianil1aws: 34. TERMS AND CONDITIONS OF OFFER: Tihis� is aro offers to) purchase the Property on the above terms, and? conditibnw. 7lh liquidated damages paragraph or the arbitratianioftdisputtrpamgraph is incorporated ini this Agreements if initibIW11b-y;aII01P"ar#ie&ore if incorporated by mutual agreement in a counteroffer or addendum. If at least one but not alil Parties; initial, ai countlayr offer is required until agreement is reached. Seller has the right to continue to offer the Property(for sate' and to accept aWotlier, oiferrat4 any time prior to notification of Acceptance. Buyer has read and acknowledges receipt ofa; Copy of the offer andl agree& ffia the confirmation of agency relationships. If this offer is accepted and Buyer subsequenttiy� defaults,, Buyerr may, be responsible for payment of Brokers' compensation. This Agreement and any supplement, addemdiarm or modification 1, iincludiiigq any Copy;, may, be Signed in two or more counterparrt%, all of which shall constitute one and the samewri ing, 35. TIME OF ESSENCE; ENTIRE C r . ' „ CH, 'AMGW:: Tiime) is of the essence: All' understandings, between the Parties are incorporated in this Agreement. Its terms are intended by the Parties as a fimal�, complete and exclusive: expressibrn of, theie Agreement with respect to its subject matter, and may not be contradicted by evidence of anyy pn, iN-agfeernentt or contemporaneous oral agreement. If any provision of this Agreement is held to be ineffective or invalid, the remaining provisions Will nevertheless be given full force and effect. Except as otherwise specified, this Agreement shall be interpreted and disputes; shaill be resdlredl in accordance wth the Laws of the State of California_ Nefther this Agreement nor any provision in it may be ext€rKIK amended, modified, altered or cfrangie4 except in, wiriting Sligned by Buyer and Seller. 36. DEFINITIONS: As used irrf this Agreemeid: A. "Acceptance" means tate time the, offer or final counter offer is accepted in writing by a Party and is delivered to and personally received by the other Party or that Party's authorized agent in accordance with the terms of this offer or a final counter offer. B. "Agreement" means this document and any counter offers and any incorporated addenda, collectively forming the binding agreement between the Parties. Addenda are incorporated only when Signed by all Parties. C. "CAR. Form" means the most current version of the specific form referenced or another comparable form agreed to by the parties. D. "Close Of Escrow" means the date the grant deed, or other evidence of transfer of title, is recorded. E. "Copy" means copy by any means including photocopy, NCR, facsimile and electronic. F. "Days" means calendar days. However, after Acceptance, the last Day for performance of any act required by this Agreement (including Close Of Escrow) shall not include any Saturday, Sunday, or legal holiday and shall instead be the next Day. G. "Days After" means the specified number of calendar days after the occurrence of the event specified, not counting the calendar date on which the specified event occurs, and ending at 11:59 PM on the final day. H. "Days Prior" means the specified number of calendar days before the occurrence of the event specified, not counting the calendar date on which the specified event is scheduled to occur. I. "Deliver", "Delivered" or "Delivery", unless otherwise specified in writing, means and shall be effective upon: personal receipt by Buyer or Seller or the individual Real Estate Licensee for that principal as specified in the section titled Real Estate Brokers on pagel1, regardless of the method used (i.e., messenger, mail, email, fax, other). J. "Electronic Copy" or "Electronic Signature" means, as applicable, an electronic copy or signature complying with California Law. Buyer and Seller agree that electronic (means will not be used by either Party to modify or atter the content or integrity of this Agreement without the knowledge and ,consent of the oboe( Party. K. "Law" means any law, code, statute, orrdiroance, regAafical, rule or order, which is adopted by a controlling dty, county, state or federal legislative, judicial or executive body oragimc L. "Repairs" means any repairs findurding pest comma), aerations, replacements, modifications (or retrofiffhV cof time iProperty provided for under this Agreement. M. "Signed" means either a handwritten fur refer try , is signature on an Qodginal document, (Copy or gamy counderparl. 37. EXPIRATION OF OFFER: This (d fer shall becdeemed revoked :and the deposit, if an,y, ,shall be returned to IBuyBr iunles_s the coffer its Signed by Seller and a Copy of the Signed offer is personally received !by iBuyer, nor by 11 who is authorized to receive it, by 5:00 lel on the third 'Day rafter this (offer is signed by Bayer (,(or by UAW i IPM, nn (date)). One or more Buyers is sWriinig !the iftreemerit cin sa rrgpreseritative ccapacity, and not for himtherseif.as can oindhikiudl. wee aittadhed Representative Capacity SignaturelpDiscilosure((CfAIR.F,orinRCSDITi)`for additional terms. Date 03r22=181&wAs BUYER Leapi>rgTr9y11wimunwrits, "- (Print name) riirr[r*rrmrtr#n riWtt19= Date BUYER (Print name) L. Additional Signature Addendum atta6hed,(CikR.lFcormAA-SA). Buyer's Initials ( LEI � ( _ y Seller's Initials ( y VLPA REVISED 12115 (PAGE 10 OF 11) .� VACANT LAND PURCHASE AGREEMENT (VLPA PAGE 10 OF 11) Produced wAh ApFomO by zkAmgbt 98070 Fifteen We Road, Fraser. Michigan 48026 1256 Wan St. - Property Addresw.1 ,= Date: AWt]fl0 ,2i'!l1' S9 38. ACCEPTANCE OF OFFER: Seller warrants that Seller is the owner of the Property„orohas1he authority tb }execute this,Agreamenti Seller accepts the above offer and agrees to sell the Property on the above terms an& conditions, and agrees to) the; above. confirmation of agency relationships. Seller has read and acknowledges receipt( ofi ass Copy, of this Agreement( and) authorizesc Broker to Deliver a Signed Copy to Buyer. -1(If cherkedOELLERIS5ACCEPTANCE IS SUBJECT TO ATTACHED)COUM'1EMOFi (¢:A.W,Famf,SCQouSMC%DATED:: One or more;Seders is signing the Agreement in a representative capacity„,randlnottforirhitrdherselfas amindividuaii Sewattached Representattve,Capacity',°Signature Disclosure (C.A.R. Form RCSD-S)Jbrradde'tionaFtarms: Date (Print name) Date (Print name) M4111111"JA E Additional Signatbre.Addendum attached (C.A.R. Form ASA). ( 1 )9 (Do)natsir Uiallifmaking a counter offer.) CONFIRMATION1GFACCEPTAN 'Ai Copy of Signed Acceptance was (Initials) personal-receivedby,Buyer or Buyer's authorized agentiorll(dhte)) at (--o AMID' I PM.. A binding, Agreement is created) when al Copy of Sigel Acceptance is personally received by Buyer or Buyer's' authorized' agent whether or, not confirmed iirr this documents Completion of this coni mation is notlegally required in order to create a birxdfngi Agreement; it is solely intended to evidence the date: that Confirmation of Acceptance has occurred: REAL. ESTATE BROKERS: A. Real Estate Brokers are not parties to the Agreement between Buyer and! Seller. B. Agency relationships are confirmed as stated in paragraph 2. C. If specified in paragraph 3A(2), Agent who submitted the offer for Buyer acknowledges receipt of deposit. D. COOPERATING BROKER COMPENSATION: Listing Broker agrees to pay Cooperating Broker (Selling Firm) and Cooperating Broker agrees to accept, out of Listing Broker's proceeds in escrow, the amount specified in the MLS, provided Cooperating Broker is a Participant of the MLS in which the Property is offered for sale or a reciprocal MLS. If Listing Broker and Cooperating Broker are not both Participants of the MLS, or a reciprocal MLS, in which the Property is offered for sale, then compensation must be specked in a separate written agreement (C.A.R. Form CBC). Declaration of License and Tax (C.A.R. Form DLT) may be used to document that tax reporting will be required or that an exemption exists. Real Estate Broker (Selling Firm),Hilgenberg Realty Inc. CalBRE Lic. #01417409 By 7feath gkichraer7rdgenbeAr — Heath Michael HilmenbCalBRE Lic. # 01242139 Date O8rrv2o1819.05S5 By CalBRE Lic. # Date Address City. State Zip Telephone Fax E-mail Real Estate Broker (Listing Firm) KELLER MLLIAMS REALTY CalBRE Lic. #01904376 By .CAM TEXX"T EZ ” LARA FERNANDEZ CalBRE Lic. # 02015587 Date 0aQW01822:1527 By CalBRE Lic. # Date Address 9473 FORD STREET STE 200 CityREDLANDS State CA Zip 92373 Telephone {909]793-2100 Fax (909)793-8200 E-mail Lara janel929 yahoo.com ESCROW HOLDER ACKNOWLEDGMENT: Escrow !Holder adamwiedges receipt of a Copy of ttais Agreement, (if checked, E: a deposit in the amount of S }, counter coffer ,nurrtbem ❑ Seller's Statement of information and , and agrees to act as Escrow Holder subject to paragraph 26 of this Agreement, any supplemental escrowiinstruationsand 1he terms of Escrow Holder's general provisions. Escrow Halder is ativisedtthstitheadalte of Confirmation of Acceptance of the AgreementesbeitweenlBuyerar d' Seller is Escrow Holder Esc mwl. _ By Date Address PhonefFax/E-mall Escrow Helder has the following license number'# CI Departrrlent of Business Oversight,`I Department of fnsuranre, BureaucdflReal1Estate. PR16EN1WnONZF R:(( __ Listing Broker pcesedtedtthisa ffw1to1%rtercon (date). Broker or Designee Initials REJfiCT(ONWF(OFIFER:(( ) No counter offer is being made.Miscdfferwasr edkilySdL-r on (date). Seller's irftiais 91986 2015, latifonlia'Assaciation of'REALTORS®, Inc. United 3t2esecrFpyi�laHtawF:(Ttitle'i17 U S.i)'ie�tlfrhead¢ed,.distobution, display and reproduction of this foffn,-,orany poitiodthereof, bypbotocopymedlinenrarty:dlerrnearisjiindudirrg facsirdiileort: ts,. T+i1S FORM KAS BEEN APPROVED `BY'THE'CALIFORNIAkASSOCIATtONCOF REIALTORSOf,(CF(AR4.EW TM[ISIMADE'AS 70 THE LEGAL VALIDITY COR,ACCURAG,,Y,'OFA'ANY,q,3ROVMON'AN,,,"ANYzSPECIFICTMMSACTION. A RE1ALl:ESTAIEEBROKER46THEEPERSGNfDMMIFIED1TO ADVISE ON REAL ESTATE TRANSACTIONS. AF'YOUDESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE"PROFESSIONAL. rl i' Published andois6butedby. Buyer's-AcitwMedge 111 is partof t : REAL'ESTATEBUSINESS SERVICES;'INC. this"Agreement ( a subsidiaryof rice CALIFORNIA ASSOCIATION OF REALTORS® e525 South Virgil Avenue, los Angeles, California 90020 Reviewed by 1 VLPA REVISED 12115 (PAGE 11 OF 11) Broker or Designee awca T VACANT LAND PURCHASE AGREEMENT (VLPA PAGE 11 OF 11) Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48025 wwwApLa& cam 12_-% Nall 6r. - 41-44 ,(: A L IiAr31,1ia1�7;I�A i r-,S,sIO¢ IIAMIOM BMW&INSPECTION ADVISORY or- R13 ALTO RS' ((SAAR. Form BiA, Revised 11114) Property Addresse.1M~L4Wnua�.St2w7B%wrranffh .am _ MmPewill). 1. IMPORTANCE OF PROPERTY INVESTIGATION: The physical condition of the land and improvements being pumhaeedlis&nett guaranteed by; either Sellen or: arokers. You have an affirmative duty to exercise reasonable care to protect. yourself(, iird(Icifti discovery oftthe legFl, practical and technical implications of disclosed facts, and the investigation and verification caf'iirFbrmatibmandi facts th&yowNnow^or that are within your diligent attention and observation. A general physical inspection typically does notieoverralli aspects of the Property-nor..items•affectlng the Property, that are not physically located on the Property. If the professional§ recommend further investigations;.including;a recommendation, by, aipest. control operator to inspect inaccessible areas of the Property; youishouldl contact qualified experts to>conduct sucti�addibbnal: investigations. 2. BROKER OBLIGATIONS:: Brokers: do not: have; expertise; in all areas and therefore cannot advise you on many,, items, such as those listed below. if Broker gives you re#ermis to professionals, Broker does not guarantee their performance:. 3. YOU ARE STRONGLY ADVISED TO INVESTIGATE THE CONDITION AND SUITABILITY OF ALL ASPECTS OF THE PROPERTY, INCLUDING BUT NOT UNITED TO THE FOLLOWING. IFYOU DO NOT DO SO, YOU AREACTING AGAINSTTHEADViCE Of BROKERS. A. GENERAL. CONDITION; OF THE'. PROPERTY',, TTS' SYSTEMS, AND` COMPONENTS: Foundation, roof (conditior, age, leaks, useful life);, plirimbiirg;, heatft. air conditioning;.. electrical, mechanical, security, pool/spa (cracks, leaks,operation.);. other. structural: and nonstructuraf systems and components, fixtures, built-in appliances, any personal property included in the sale;. and energy, efficiency, of the Property:. B. SQUARE FOOTAGE, AGE; BOUNDARIES: Square footage, room dimensions, lot size;, age: of improvements and boundaries. Any numericall statement's r,egerd7ngi these items are APPROXIMATIONS ONLY andl have not been verified by Seller and cannot be verified) by Brokers. Fences, hedges, walls, retaining walls and other barriers or m arkers do not necessarily, identify true Property boundaries. C. WOOD DESTROYING PESTS: Presence of, or conditions likely to lead to the presence of wood destroying pests and organisms. D. SOIL STABILITY: Existence of fill or compacted soil, expansive or contracting soil, susceptibility to slippage, settling or movement, and the adequacy of drainage. E. WATER AND UTILITIES; WELL SYSTEMS AND COMPONENTS;WASTE DISPOSAL: Water and utility availability, use restrictions and costs. Water quality, adequacy, condition, and performance of well systems and components. The type, size, adequacy, capacity and condition of sewer and septic systems and components, connection to sewer, and applicable fees. F. ENVIRONMENTAL HAZARDS: Potential environmental hazards, including, but not limited to, asbestos, lead-based paint and other lead contamination, radon, methane, other gases, fuel oil or chemical storage tanks, contaminated soil or water, hazardous waste, waste disposal sites, electromagnetic fields, nuclear sources, and other substances, materials, products, or conditions (including mold (airborne, toxic or otherwise), fungus or similar contaminants). G. EARTHQUAKES AND FLOODING: Susceptibility of the Property to earthquake/seismic hazards and propensity of the Property to flood. H. FIRE, HAZARD AND OTHER INSURANCE: The availability and cost of necessary or desired insurance may vary. The location of the Property in a seismic, flood or fire hazard zone, and other conditions, such as the age of the Property and the claims history of the Property and Buyer, may affect the availability and need for certain types of insurance. Buyer should explore insurance options early as this information may affect other decisions, including the removal of loan and inspection contingencies. I. BUILDING PERMITS, ZONING AND GOVERNMENTAL REQUIREMENTS: Permits, inspections, certificates, zoning, other governmental limitations, restrictions, and requirements affecting the current or future use of the Property, its development or size. J. RENTAL PROPERTY RESTRICTIONS: Some cities and counties impose restrictions that limit the amount of ren` that can be changed, the maximum number of occupants, and the right of a landlord to terminate a tenancy. Deadbolt or other locks and securfty systems for doors and windows, including wundow bars, should be examined to determine whether they sans%+ legal requirl;rnents. K. SECURITY AND SAFETY: State and local Law may require the installation of barriers, access alarms, self -latching mechanisms and/or other measures to decrease the risk to children and other persons of existing swimming pools and hot tubs, as well as !vacuous fire safety and ofner measures concerning other features of the Property. L. NEIGHBORHOOD, AREA, SUBDIVISION CONDITIONS,,; iPERSONAL FACTORS: Neighborhood or area conditions, including schools, law a3nfnrt^ernerit, crime thilti9fics, rebiStere>5 ifelorrs or offenders, fire protection, c¢ithrer gorge k rnerdalerWDes, availability, ailequa y and Cast coif iiriternet ceonnections wr r lthchnu logy services rand installations, uaommercia(, iindusirial for agricultural activities, existing and proposed 'transporta'tion, construction arud development that may <affedt ribise, Miew, rmr (tniffic, airport noise, noise or odor from any source, wild 'and domestic animals, other nuisances, Ihazards,, (or uiiraumstarcces, Ipr¢itected :species, wetland properties, botanical diseases, historic cor Idther cgovemmentally prdtadled <attes scar ir>IWvernonts, (cemeteries, facilities and condition of common areas•of Common'interest�sdb iivisions, and possible lladk(bfccoliancem tthariyrgovenhing documents or Homeowners' Association requirements, conditions and influences elf �siighificalnce tto c=rtain (altilfures and/or religions, and personal needs, requirements and preferences of Buyer. By signing below, Buyers acknowledge that they have read, understand, accept and )have eived Cly Rnf4hils [Advisory. Buyers2re encsurand W read it y eaping rog vestments, Buyer 0317111018 is -.suis Buyer whRealt n grift,t1(1x © 1991-2004, Carrfomis Assoaatim of REALTORS@, dnc."THiSTORM HAS BEEN APPROVED BY THE('CAUFORNIAf EHCKTION4OFIREWTORsa:(CAft.),I*D REPRESENTATION IS MADE, ASLTO THE ;LEGALWALIDI OR -'ACCURACY OF ANY PROVISION AN/ANY,SPECIFIC 'ITRANSACTI SN AIZEAU£STATE BROKERIIS THE PERSOWMALiFIEDTO ADVISE'ONTZEALiMATEIP.ANSAiCTIONS IF YOU DESIRE LEGAL ORTAX `ADVICE,CCONStIMT,-AN APPR PRIAATE PROFESSIONAL. Publishe"rldDJl§ftuted by: n REAL ESTATE BUSINESS -SERVICES; iNC. Reviewed by I Date l a subsidiary of the. Cardha#a Associaion of REALTORS® I „525 South Virgil Avenue, Los Angeles, Ca6fomia 90020 BIA REVISED 11114 (PAGE 1 OF 1) BUYER'S INSPECTION ADVISORY (BIA PAGE 1 OF 1) Keller Williams Realty, 1473 Ford Street &e 200 Redituds CA 9XI73 Phone: (928)840.8585 Fax: 1256 Wall S1. - Lara Fernandes ProduoedwdhipFom0by*Logix 18070 Fifteen Mile Road, Fraser, Michigan 46026 www.VAaW&mnn C -N L I F O R ]V I r. POSSIBLE REPRESENTATION OF MORE THAN ONE BUYER A S S O C I AT I ON OR SELLER - DISCLOSURE AND CONSENT O F I2. S A L 'T O R S" (C,A.R. Form PROS, 11114) A realiestate broker (Broker), whether a corporation, partnership or sale proprietorship, may represent more'than one buyer or seller. This multiple representation can occur through an individual licensed as a broker or saiespersonlorrthrougliodifferent individual broker's or salespersons (associate licensees) acting under the Broker's license. The associatb licensees;>may! be working out of the same or different office locations. Multiple Buyers: Broker (individually or through its associate licensees) may be working with many prospective buyers at the same time._ These prospective buyers may have an interest in, and make offers on, the same properties. Some oft these properties may be listed with Broker and some may not. Broker will not limit or restrict any particular buyer from making an offer on any particular property whether or not Broker represents other buyers interested in the same property. Multiple Sellers: Broker (individually or through its associate licensees) may have listings on many properties attF ee,Sam& time. As a result, Broker will attempt to find buyers for each of those listed properties. Some listed properties may,appeall16 the same prospective buyers. Some properties may attract more prospective buyers than others.. Some of these prospective buyers may be representedi by Broker and some. may, no . Broker will market aff listed properties to all prospective buyers whether or not Broker has another or other, ratedproperties that may appeal td the same prospective buyers. Dual Agency: If Seller is represented by Broker, Seiler acknowledges that broker may represent prospective buyers of Seller's property and consents to Broker acting as a dual agent for both seller and buyer in that transaction. If Buyer Is represented by Broker, buyer acknowledges that Broker -ray represent sellers of property that Buyer is interested in acquiring and consents to Broker acting as a dual agent for both buyer and seller with regard to that property. In the event of dual agency, seller and buyer agree that: (a.) Broker, without the prior written consent of the Buyer, wl'h not disclose to seller that the Buyer is willing to pay a price greater than the offered ,price; (b) Broker, without the prior written consent of the seller, will not disclose to the buyer that seller iis willing to sell property at a price less than the listing price; and (c) other than as set forth in (a) and (b) above, a duan agent is obligated to disclose known facts materially affecting the value or desirability of the property to both parties. Offers not necessarily confidential: Buyer is advised that seller or listing agent may disclose the existence, terms, or conditions of buyer's offer unless all parties and their agent have signed a written confidentiality agreement. Whether any such information is actually disclosed depends on many factors, such as current market conditions, the prevailing practice in the real estate community, the listing agent's marketing strategy and the instructions of the seller. Buyer and seller understand that Broker may represent more than one buyer or more than one seller and even both buyer and seller on the same transaction and consents to such relationships. Seller and/or Buyer acknowledges reading and understanding this Possible Representation of More Than One Buyer or Seller - Disclosure and Consent and agrees to the agency possibilities disclosed. Seller Seiler BUYer Leaping 'Frog Investments, LLC Butner Date Date L"&L"&g Fmg Inveshnents LLC Date nsr2arzols,s.ssas Date Reel Estate Broker (Fi < <) X r I ! WHIJAMS REALTY CaIBRE Lic # 01904376 Date By L X4 TEWXgX 3rEZ CaIBRE Lic # 0201SM7 Date LARA FE309AAMiEZ [fel i)talte faker ((i m)) Ing R&>>Y�c �� # O>r>r7 Date By ,9U&,h, 46 hair.f' en'berp ECaIBfE lliic # 012M39 Daite mm2mlwmm N '02W4, California Association of REALTORS& Inc. United�Ststesec yijfitEJaw((Tvdei171ULS.(' la)ifoi Wbf theiunauthonzed distribution, d*day and-repmduttion:dfllfes�fi r m, vranypordon,Mereof,'byphdtompy:machine or any other nwans,iindudingi faasirrdWer€cmWdkgimdfformats. THIS FORM HAS BEEN APPROVED BY TtHE'CAL°IFORNIA:ASSOCIATION(DFI•I Lf ORSE)_(CAIRJ).fNCIREPRESENTATION IS MADE,AS-iMsRiEdEGAL",VAIUDFFY .OR ACCURACY OF.ANY.PROVISION'IN ANY SPECIFIC TRANSACTION./X REAL IESTATE BROKERIF51TWIPERSON QUALIFIED TO ADVfSE(ONIRiiILLIE.SiATE TRANSACTIONS. IF YOUDESIRELEGAL OR TAX ADVICE,CCONSUL'r/ANiAPPROPRIA7E,PROFESSIONAL. ThisformAsmade:avaitable to real attate.pmfessionais=thnu4h-anagreeimrktiW ,.orl_{wr h=Lihe'CMbmia Association of REALTORS& It is ndtiedesadedl uj fy l m user as a REALTORV. REALTOR0'is a registered codedlive; men'1herg#p marki0hiCh majKbeused,oWby members of the NATIONAL ASSOCIAT(ONCOFrREALITOR9& vAuXsf6SCribe'td. te�CodirdfMthiss. ,' °rF.1ubfishe6and,DisbbUted by: FRRAI UESTA7EBUSiNESS SERVICES, INC. N easubsidfary-dithe California Association of REALTORS'® .i5251So(M_Virgil Avenue, Los Angeles; Cafrfomief9W20 Reviewed by Date PRBSII/14`(PAGE 1 OF 1) POSSIBLE REPRESENTATION OF MORE THAN ONE BUYER OR SELLER (PRBS PAGE .1:OF,1) Keller RMlants Resift•, 1473 Ford Street Ste 200 Redlands CA 92373 Phone: (928)848-8585 Fax: A2S6 WaYSL- I -= Fernandez Produced with zipFormO by zoLogat 18070 FiReen Mile Road, Fraser, Whigan 48026 www.zi2Lggix.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Broker's Opinion of Value Prepared by Keller Williams (See Attachment) EXHIBIT "C" 1256 Will x -;. ,rll' _t5l -at ;ll'C .r; ,*-'-'-:- Ms. _-:u Ms. Lisa Connor Project Manager Successor Agency to the Redevelopment Agency of the City of San Bernardino 290 N. "D" Street - 3rd Floor San Bernardino, CA 92401 FOR THE PROPERTY LOCATED AT: 1256 Wall Ave. San Bernardino, CA 92404 APN: 0146-241-07 April 6, 2018 KW COMMERCIAL KENNETH PATTERSON DOUGLAS REYNOLDSON 1473 Ford Street Agent Commercial Real Estate Investment Advisor Redlands, CA 92373 0 909.793.2100 C 909.47 00 8.45 kenpcommercial@gmail.com dreyynoldson@kwcommercial.com CLARE #01456022 We obtained the isonation above from wanes we bOwe to be relade. Fk w r, we have na veriried its accuracy and remake rw guararrtee, �aanarrty or represmMuon about it. It us sLbrrmed Sblect to the possibft of enors, c,nwons, change of price. rental or other mom. prior sale, lease cr Ta!armcng, or vaMcirawal wiltout notice. We include project' ons, c?pir� ammpfions or estimates for example only, and they may not represent cent or 1"e partomnance of ft properly. You and yow tax and legal advisors 9hodd conduct you own trrvestigation of the properly and transaction. www.kvic;oniriiercial.com TABLE OF CONTENTS Broker's Opinion of Value ® Property P rofl e Location Aerial Assessor's Parcel Maps • Location Map Comparable Sales Comparable #1 • Property Profile • Assessor's Parcel Map • Aerial Comparable #2 • Property Profile • Assessor's Parcels M►ap • Aerial Comparable; #3 • Property Profile • Assessor's Parcel Map • Aerials Leading Broker's Resume KW COMMERCIAL KENNETH PATTERSON DOUGLAS REYNOLDSON 1473 Ford Street Agent Commercial Real Estate Investment Advisor Redlands, CA 92373 0 909.793.2100 0 909.793.2100 C 909.478.4517 kenpcommercial@gmail.com dreynoldson@kwcommercial.com CaIBRE #01456022 We obtaFied the idorrnaRcn above'.rom sources we bd�a to be rek"e. However, we have not verified its accuracy end make no guarantee. warrarq or represmtawn about It. h Is sjbr1 dW suIVU to the possib4dy of enors. o ssorm chmge of pace, rental oc other conditions, prior sale. lease or fnancrrg, or w trdrawal withal robe -We ixk de prd)ediom opiec m' assumptions a est' for example oft and they may not represent current a future performance of the property. You and your tax and "advi�s u statW cordt you ovm of the property and harsadicn. wwvv.kwcommercial.com April 6, 2018 Ms. Lisa Connor Project Manager Successor Agency to the Redevelopment Agency of the City of San Bernardino 290 N "D" Street — 3rd Floor San Bernardino, California 92401 RE: Broker Opinion of Value for Site No. 37 —APN 0146-241-07 Dear Ms. Connor: We have prepared the following report regarding our opinion of value for the above referenced property. We utilized a comparable sales approach to determine our opinion of value for this property. Subject Property The subject property is zoned Residential Medium ("RM"), which allows for the development of multi -family townhouses, condominiums and apartments. The property consists of one parcel of land approximately 0. 17 acres (7405.2 SF). Comparable Sales As further described within this report, within the last 22 months, there have been 3 property sales which can be used as sale comparable for this Site. The comparable are all zoned RM. The Sale Comparable dates run from June 2016 to October 2017. The Sale Comparables are summarized below: Property Site Sale Comparable #1 Sale Comparable #2 Sale Comparable #3 Sales Comparables Summary APN Address Lot SF Sale Value Price/SF Sale Date 0146-241-07 1256 Wall Ave. 7,405.2 $54,000 0279-074-33 7961 Pedley Rd. 6,190 $38,000 $6.14 9/7/2017 0273-103-04 6955 Penis Hill Rd. 20,000 $85,000 $4.25 6/30/2016 0140-221-09 $W.Ith.St. 7,500 $31,500 '$420 10/26/2017 AvaraegeTfic;elSF $4.86 KW COMMERCIAL KENNM PATTERSONDOUGLAS REYNOLDS_ON 1473 Ford Street Agent Commercial Real Estate Investment Advisor Redlands, CA 923730 909.793.2100 0 909.793.2100 C 909.478.4517 kenpcommercial@gmail.com dreynoldson@kwcommercial.com CalBRE #01456022 We obtainecl the irbmeabon above fnmu sources we believe to be reliable. However. we have not venFed Is accuracy and make rc guaramee, vrwamy or,represenupon abo t iL tt is srbrtittad mkis i to the possibittty of errors. omieslorrs, orange of Price. rental or other conditions. Prior sale. lease or financing, "witlkaval wGhart notice. We irckde projections, opiions, asst prions or -t-ates for —vk* only, and they may not represent current or future performance of the property. You and your tax and Wgal adv'sors eta cooduct your ownim ineatyre propertymid aarsacton. www:kwcommercial.cam Broker Opinion of Value Based on the foregoing, the average price per square foot of the three vacant Sale Comparables is $4.86. Applying this average price per square foot to the lot square footage (7,405.2 SF), a value of $35,989 results. It is our opinion that the subject property is worth $35,989. We appreciate the opportunity to prepare this report. Please do not hesitate to call with any questions. BRE #00774852 1473 Ford St. #200 Redlands, CA 92373 951-318-8516 kenpcommercial@gmail.com KW COMMERCIAL KENNETH PATTERSON DOUGLAS REYNOLDSON 1473 Ford Street Agent Commercial Real Estate Investment Advisor Redlands, CA 92373 0 909.793.2100 0 909.793.2100 C 909.478.4517 kenpcommercial@gmail.com drenoldson@kwcommercial.com Ca%RE #01456022 We obtained the ef- ietion above from saaces eve believe to be refiade. Fbxre % we have not ventrad AS accuracy and make no guala t9e. vra;Tarty c.r raprasa-fatatic^ about iL It is subrrutted s.:t;e:A to the poseNtly of errors, o arms ns. drange of Price. ray lal c, other condtiors, poor sale, lease or fnancirg, avrai v; trcuf r.,"- We i,U de moiecliors, oprzns, asatrrptirns Of esfvnates for 02mcle ordy, arca frey may .^a' represent —rent or future pedcrma of Cite properrij. Ycs and i lax and xyd ac'is should conduct ycur c—C .r_sfgoton of the propmty and transaction. 1256 Wall Ave, San Bernardino, CA 92404, San Bernardino County (_ I N/A - -- Hedir N/A — ft ils G,wn:e- r InformTatibm Owner Name: Mail Owner Name: Tax Billing Address: Tax Billing City & State: Location I"nfccroatoni Zip Code: Carrier Route: Zoning: School District: Tax Information APN : Tax Area: Tax Appraisal Area: Legal Description: Characteristics N/A 7,500 $54,000 B1dgiSkEft, UaVftFitYr 14WMist,P N/A VCNTLND-NE 01/1991 Viiwftilt ShIllblaillilitkE Successor Agency/Rda City Of Tax Billing Zip. Sn Bndo Successor Agency/Rda City Of Tax Billing Zip+4 Sn Bndo 201 N E St #301 Owner Occupied: San Bernardino, CA 92404 Comm College District Code C002 Census Tract: R -M Topography: San Bernardino Neighborhood Code 0146-241-07-0000 Lot: 7012 Block: 12 Water Tax Dist: DUNN AND BLACK SUB LOT 5 BLK C P.iotiV,e.. Ltistih 9l 92401 1520 No San Bernardino Vly 3 55.00 Flat/Level 091-091 5 C San Bernardino Vly 3 County Land Use: Vacant Land Lot Acres: 0.172 Universal Land Use: Vacant Land (NEC) Lot Area: 7,500 Lot Frontage: 50 Water: Public Lot Depth: 150 Sewer: Public Service Listing Information 66896 Seller: Anderson Florence E MLS Listing Number: EV17251208 MLS Current List Price: $54,000 MLS Status: Active MLS Original List Price: $54,000 MLS Area: 274 - SAN BERNARDINO MLS Listing Agent: Evfernlar-Lara Fernandez MLS Status Change Date: 11/04/2017 MLS Listing Broker: KELLER WILLIAMS REALTY MLS Listing # 682834779 MLS Status Active MLS Listing Date 10/18/2017 MLS Listing Price $54,000 MLS Orig'"' Lis ..... ..ting . Price $54,00 ... .. 0 MLS Listing Close Price 0. [L t 6It! sekdt 25a to 68it5-aites IHAAory Recording Date: 02/27/1991 Sale Type: Full Sale Date: 01/1991 Deed Type: Grant Deed Sale Price: $53,000 Owner Name: Successor Agency/Rda City Of Sn Bndo Document Number: 66896 Seller: Anderson Florence E Courtesy of LARA FERNANDEZ, KELLER WILLIAMS REALTY, California Regional MLS The data within this report is compiled by Core Logic from public and private sources. The data is deemed reliable, but is not guaranteed. Property Detail of the data contained herein can be independently verified by the recipient of this report with the applicable county or municipality. Generated op. 04/06/2018 Page 1 of 2 Recording Date Sale Date Sale Price Nominal Buyer Name Seller Name Document Number Document Type Mortgage Date Mortgage Amount Mortgage Lender ..... ......... . Mortgage Code Foreefdaii Effstory(/ Document Type Default Date Recording Date Document Number Default Amount Final Judgment Amount Original Doc Date Original Document Numbei Property Map 12/03/2014 03/18/2011 08/08/2002 02/27/1991 11/24/2014 03/17/2011 08/07/2002 01/1991 $1,744 $36,478 $53,000 Y Y 66897 66897 Redevelopment Agcy Of San San Bernardino Economic Federal Natl Mtg Assn Fnma Garcia Abel & Grace Bernard Dev Co San Bernardino Economic Redevelopment Agcy Of San California Reconveyance Co Anderson Florence E Dev Co Bernard 463051 112434 417135 66896 Quit Claim Deed Quit Claim Deed Trustee Deed Grant Deed 02/27/1991 $39,500 Great Wstrn Bk Conventional Notice Of Trustee's Sale Notice Of Default 04/08/2002 07/12/2002 04/09/2002 359273 173269 $1,744 $36,313 02/27/1991 02/27/1991 66897 66897 1- 1501-1 50'' Q 1 150' r-^ 25_y yards , •l ::-. Dimensions are " Notice Of Default 04/01/2002 04/03/2002 164873 $1,758 02/27/1991 66897 E 14th St m Q i0 e d r N z 13th St E 13th St r a n C t: i�,'•I a ro. Courtesy of LARA FERNANDEZ, KELLER WILLIAMS REALTY, California Regional MLS The data within this report is compiled by Core Logic from public and private sources. The data is deemed reliable, but is not guaranteed. The Property Detail accuracy of the data contained 'irie r •:� } be independently verified by the recipient of this report with the applicable county or municipality. M Y on. 04/06/2018 Page 2 of 2 _rir .is: "ra'Jrl: �� _Yl _IL KW.COMMERCIAL KENNETH.PATTERSON DOUGLAS REYNOLDSON 1473 Ford Street Agent Commercial Real Estate Investment Advisor Redlands, CA 92373 0 909.793.2100 0 909.793.2100 C 909.478.4517 kenpcommercial@gmail.com dreyynoldson@kwcommercial.com CNRE #01456022 We obtained the nPormation above fran sources vse believe tc be refile. Ho ew. we have rot verified its accuracy and m e ro gua amee, yr —iiy or repressntsto abort iL h is wbrnitted abject to the possibildy of errors, onesicns, charge of prce, rental c, clFar conditions, prior sale. lease or firwdng, a vrit'^d• oval vilthatf notice. We vuiude projections, opinions. assenpfi r a esWaates for a cwWz only. a, d -, 3" may rc1 re,^.'eseM curent a fulure performance of the properry. Yc i ano } !st ard legal adsis shodd ooMuct you` own sweMaJon of ft propeq any `Ws ac -. CV ii T C N � U t� m +3• N dO►O O � C o � d L q SD O _ ��- -� - --Ni�IFiF�1►1trr� - 1 .. y c I yp m 05 m x 1 1 1 9lf IR I N O C OS 1 O O of i I ; n CmN 1 ; 1 1 _ N osa•!�I 1 Y • J C 1 1 H 1 SL'651 O _ I Sl'6S1 N -------------- I o I N IB'651 I � I ,V I Iki F I I I I I I 1 os - SL L1 .'. O I os 0 0 0 I 0 0 0 0 0 0 0= os O _ I Sl'6S1 N -------------- I o I N IB'651 I � I ,V I Iki F I I I I I I 1 os I os 0 os as I I as O o! Y i,m 0: JC�V q WMA N N N O M CJ m en O 0 0 -111 ' '�:,. _ar _rl,-iil a1'.1 Comparable Sale #1 • Property Profile • Assessor's Parcel Map • Aerial KW:COMMERCIAL KENNETH PATTERSON DOUGLAS REYNOLDSON 1473 Ford Street Agent Commercial Real Estate Investment Advisor Redlands, CA 92373 0 909.793.2100 0 909.793.2100 C 909.478.4517 kenpcommercial@gmail.com dreyynoldson@kwcommercial.com CaIBRE #01456022 we obtained the information above from sources we believe to be reliable. Flaveaer, we have not varied -is acaura_y a make ro guarantee, warranty a representatc� about R It is submitted subject to the possibility of arras, omissions, change of pr'ce, rsr'd or other COndit s, o for sale. leans or }inancirg. a win:dr al without notice. we include projections. cpu9ons, assumptions or estimates for example orrly. and tF`y may -at represent current u ' tj,e pedotimance of the property. You and your tax and legal a1uisc� should conduct y= own investigation of the property and transaction. www. kweom merei 7961 Pedley Rd, San Bernardino, CA 92410, San Bernardino County Uwrterr, tniforma:ti:o-_I Owner Name: Mail Owner Name: Tax Billing Address: Tax Billing City & State: LocatiGnI Irdermationi Zip Code: Carrier Route: Zoning: Tract Number: School District: Tax Information APN : Tax Area: Tax Appraisal Area: Legal Description: Assessment & Tax Assessment Year Assessed Value - Total Assessed Value - Land YOY Assessed Change ($) YOY Assessed Change (%) Tax Year N/A N/A 6,180 $38,000 ffiedir BlI ft SiuFt! Lot ft, Ft"s swi E lrf l N/A N/A VCNT LND-NE 09/07/2017 _rhsr- Yr Built Type. Ferrero Tina Tina Ferrero 1200 Sunnyside Ave Redlands, CA 92410 C011 RM 2345 San Bernardino Tax Billing Zip: 92373 Tax Billing Zip+4: 6535 Owner Vesting: Widow Owner Occupied: No Comm College District Code Census Tract: Topography: Neighborhood Code: San Bernardino Vly 3 65.00 Flat/ Level 092-092 0279-074-33-0000 Lot: 7 107137 Water Tax Dist: San Bernardino Vly 3 12 Fire Dept Tax Dist: San Bernardino Co TR NO 2345 COTTAGE GARDENS LOTS 6 AND 7 EX S 2 FT SD LOT 7 2017 $17,499 $17,499 $343 2% Total Tax 2015 $225 2016 $220 2017 $677 Special Assessment Tax Amount Co Land Svcs/Fire Hazard $450.30 Sb Valley Muni Wtr Dbt Svc $26.68 School Bonds $17.62 San Bdno Comm College Bond $6.57 Co Ventor Control $1.30 Total Of Special Assessments $502.47 CCl rmwitefisxtios County Land Use: Vacant Land Universal Land Use: Vacant Land (NEC) Lot Frontage: 60 Lot Depth: 103 Last Market Sale & Sales History 2016 $17,156 $17,156 $258 1.53% Change($) -$4 $457 Lot Acres: Lot Area: Water: Sewer: 2015 $16,898 $16,898 Change (%) -1.84% 207.43% 0.1419 6,180 Public None Courtesy of LARA FERNANDEZ, KELLER WILLIAMS REALTY, California Regional MLS 4 oh; j within this report is compiled by Core Logic from public and private sources. The data is deemed reliable, but is not guaranteed. The Property Detail accuracy of the data contained herein can be independently verified by the recipient of this report with the applicable county or municipality. 1 � Y or CQ07/2018 Page 1 of 2 Recording Date: 09/19/2017 Sale Date: 09/07/2017 Sale Price: $38,000 Document Number- 386678 Recording Date 09/19/2017 Sale Date 09/07/2017 Sale Price $38,000 Buyer Name Ferrero Tina Seller Name Ramirez Josie J Document Number 386678 Document Type Grant Deed R rorpe:rty% Kap, 1X103`10- 109' 110' 103' Sale Type: Full Deed Type: Grant Deed Owner Name: Ferrero Tina Seller, Ramirez Josie J Palm Park Monterey Ave E 60V St Monterey Ave 4th St 25 yards . _ c , 200 yard 3 _ a tO bing u € 2r 1 M'rrsoY Cc.--ra;L-)-9 Z n%=- 11> tioa St a � �� 5'l+ti:ifr_aF. Ceroorai�r � i3Il5 �a?� *Lot Cimensions are Estimated Courtesy of LARA FERNANDEZ, KELLER WILLIAMS REALTY, California Regional MLS The data within this report is compiled by Core Logic from public and private sources. The data is deemed reliable, but is not guaranteed. The property Detail of the data contained herein can be independently verified by the recipient of this report with the applicable county municipality. Generated on 04/07/2018 Page 2 of 2 s Ward SII 4 - W V a tis y 6 Sib 5t Monterey Ave 4th St 25 yards . _ c , 200 yard 3 _ a tO bing u € 2r 1 M'rrsoY Cc.--ra;L-)-9 Z n%=- 11> tioa St a � �� 5'l+ti:ifr_aF. Ceroorai�r � i3Il5 �a?� *Lot Cimensions are Estimated Courtesy of LARA FERNANDEZ, KELLER WILLIAMS REALTY, California Regional MLS The data within this report is compiled by Core Logic from public and private sources. The data is deemed reliable, but is not guaranteed. The property Detail of the data contained herein can be independently verified by the recipient of this report with the applicable county municipality. Generated on 04/07/2018 Page 2 of 2 rn n N 0 v m m O CO C M C X O O O N F -- I ct 11 I �.L I I I I I /1 I I I I I 0 /f'Ytl /L'ILI --------------- aL O N m O Cn O J as a5 IL tCl _ I/L'or Dal ;---------- — 15 IN PS'ICl - 1('ICI N /O IOL'Yfl 9'ICI 9'f Cl V t O 9 YCI_ _ o CU o O - 9'Itl 9'ICI 0 Gfl afl O O f/'6tl Oct — O O it f9L O on - L9'Ifl `t 0 In o e it Lal i 05 I I I a5 x � O J CL m CO, 1p CP aL 191[1 /9 SS'l9 a 6L is L as a5 I CL'65 a5 O aS fL'65 r 15 IN PS'ICl - N Volt 19'1(1 on - L9'Ifl i9'tcl a9 I I I 99'/fl @ t2orl is tcC'll N'/fl I I I�• 90 I I SZ -1t L'9 z of O O I I I IO Irl: O 9r I 99' 11 1 I PL'6S vt a5 Cris I x � O J CL m CO, 1p CP J J m 0 0 E v --A-314 r 9/ as a5 I CL'65 a5 O aS fL'65 I FWnz N SSL"2 on - � O a9 J J m 0 0 E v KW COMMERCIAL KENNEfH!PATTERSON DOUGLAS REYNOLDSON 1473 Ford Street Agent Commercial Real Estate Investment Advisor Redlands, CA 92373 0 909.793.2100 0 909.793.2100 C 909.478.4517 kenpcommercial@gmail.com drenoldson@kwcommercial.com Cal6RE #01456022 We obtained the tdomn ation above from soxces we believe to be retable. However. we hme not verified its aco W and make no guarantee, w4marity a representation about �d Ms submitted s&)erz to the possibility of errors, omissions, change of pace. rental a other corrdNoe, prior sale. lease a Inawing, orwdhdrawd tvdhout notice. We include ipmjec[mr�a, epinfom asumptioms or estimates for example Doty, and they may rot represent cwM or hAae peformance of the,propemy. You and your tax and legal advisors shod wrdoct v cwvn imves[oation of the orooerty and transaction. www.kwcommerciaLcom Comparable Sale #2 • Property Profile • Assessor's Parcel Map • Aerial KW.COMMERCtAL KENNETH PATTERSON DOUGLAS REYNOLDSON 1473 Ford Street Agent Commercial Real Estate Investment Advisor Redlands, CA 92373 0 909.793.2100 D 909.793.2100 C 909.478.4517 kenpcommercial@gmail.com dreyynoldson@kwcommercial.com CaGE #01456022 We obtained the ink miation above from sarces we believe to be reliable. Flowew, we have rat verified as accuracy and Pnake ro guararrtee, waranty cr representation aba.II h. It is s ibuined subject to the possibft of eras, omissions, change of price, rental a other wnditions, pr or sAe, or tinancirg, or withdrawal without notice. We include projections, cprions'assumptions a estimates for exarnple only, and they may not represent c unerrt or tuture Wonrance of'Nte proparly. You and yourtax and legal advisors 9 -Ad conduct y— awn nv..fijatko of the properly and transaction. NwwAwcommerciat.com' 6955 Perris Hill Rd, San Bernardino, CA 92404, San Bernardino County Gwner Lrlformationi Owner Name: Mail Owner Name. Tax Billing Address: Locatibm Information Zip Code: Carrier Route: Zoning: Tract Number: School District: Tax Information APN : Tax Area: Tax Appraisal Area: Lot: Legal Description: Assessment & Tax Assessment Year Assessed Value - Total Assessed Value - Land YOY Assessed Change ($) YOY Assessed Change (%) Tax Year 2015 2016 2017 Special Assessment Sb Valley Muni Wtr Dbt Svc School Bonds San Bdno Comm College Bond Co Ventor Control Total Of Special Assessments C�;�Ita;Q��ri?StCCS N/A Bedtr N/A _' B'attis A & L Alaska Inc A & L Alaska Inc 6955 Perris Hill Rd 92404 C004 RM 1964 San Bernardino N/A 20,000 $85,000 BIdMStp ft Loiti92pret? K SFSaIe<P-nice= N/A VCNT LND-NE 06/30/2016 Y 71-B'u lilts Types KMSa16� Qa Tax Billing City & State: Tax Billing Zip: Owner Occupied: Comm College District Code Census Tract: Topography: Neighborhood Code: San Bernardino, CA 92404 Yes San Bernardino Vly J 63.02 Flat/Level 091-091 0273-103-04-0000 Block: 3 107144 Water Tax Dist: San Bernardino Vly J 12 Fire Dept Tax Dist: San Bernardino Co 12 TR NO 1964 BASE LINE GARDENS S 1/2 LOT 12 BLK 3 EX 1/2 MNL RTS 2017 $86,700 $86,700 $25,785 42.33% $779 $1,120 Tax Amount $132.21 $87.30 $32.59 $1.30 $253.40 2016 $60,915 $60,915 $29,515 94% Change($) $363 $341 2015 $31,400 $31,400 Change (%) 87.26% 43.79% County Land Use: Vacant Land Lot Acres: 0.4591 Universal Land Use: Vacant Land (NEC) Lot Area: 20,000 Lot Frontage: 100 Water: Public Lot Depth: 200 Sewer: Public Service Listing`Iriformation MLS Listing Number: CV15249288 MLS Original List Price: $95,000 Courtesy of LARA FERNANDEZ, KELLER WILLIAMS REALTY, California Regional MLS ' i..: within this report is compiled by Core Logic from public and private sources. The data is deemed reliable, but is not guaranteed 'i Detail accuracy of the data contained herein can be independently verified by the r_=::it.. -;t of this report with the applicable county or municipality. Generated •i- 04/07/2018 MLS Status: MLS Area: MLS Status Change Date MLS Current List Price: Closed 274 - SAN BERNARDINO 06/30/2016 $95,000 11ast Majikst SAJ fes & Sad bs,�H, Istar r v Recording Date: 06/28/2016 Sale Date: Tax: 06/09/2016 MLS: MLS Listing Agent: 06/30/2016 Sale Price: $85,000 Document Number: 255184 Recording Date Sale Date Sale Price Nominal Buyer Name Seller Name Document Number Document Type Recording Date Sale Date Sale Price Nominal Buyer Name Seller Name Document Number Document Type Mortgage Histo Mortgage Date Mortgage Amount Mortgage Lender Mortgage Code Closing Date: 06/30/2016 MLS Sale Price : $85,000 MLS Listing Agent: C23430-Dionisio Vallejos MLS Listing Broker: REALTY EXECUTIVES EXPERTS Sale Type: Full Deed Type: Grant Deed Owner Name: A & L Alaska Inc Seller: Appa Investments LLC 08/09/2017 06/28/2016 05/08/2015 12/19/2007 09/13/2006 08/08/2017 06/09/2016 04/30/2015 12/14/2007 08/31/2006 $85,000 $35,000 $180,000 Y A & L Alaska Inc Miramontes Samara Appa Investments LLC Gildner Family Trust Chejoka Nart Miramontes Samara Appa Investments LLC Gildner Family Trust Chejoka Nart & Danial Gildner Family Living Trust L 323271 255184 191272 704284 626472 Grant Deed Grant Deed Grant Deed Quit Claim Deed Grant Deed 11/14/2001 02/11/1991 02/11/1991 11/14/2001 01/1991 01/1991 $62,000 Y Gildner Trust Wsdc Inc W S D C Inc Wsdc Inc Mccormick Brian 520274 48621 48620 Quit Claim Deed Corporation Grant Deed Deed (Reg) r 06/28/2016 09/13/2006 $42,500 $170,000 Private Individual Private Individual Private Party Lender Private Party Lender Courtesy of LARA FERNANDEZ, KELLER WILLIAMS REALTY, California Regional MLS The data within this report is compiled by CoreLogic from public and private sources. The data is deemed reliable, but is not : property Detail accuracy of the data contained herein can be independently verified by the recipient or this report with the applicable county : • municipality. Generated on 04/07/2018 A. 0 A C I II --- .-------------- - I A 2B I ,60.06 rar. T 1 177 14 w 1.0.A. 161 107101 ` T.R.A. 101137 ^ 01 33 li I x 126' » 3 z � I - JI o In9.91) r Par. 1 _ . a I ' •d 35 37 03 ---------------------- 3a 06 I / 119.91 1 w no MITI 27 ------ Par. 2 - ---------e I 156.7 i--- 2fi i 33 zs 10 17 4J Q1.06 AC. 09 23 BCK. 156.7 6o pp I o - 21 107144 I � � I I 11 I 18 12 19 8 I I I I 07 I 0 tso T.R.A. 107137 16 i.1.A. 107134 1 IS i; 260 as I 206 I ' 101 09 BLK, 1 I C I II --- .-------------- - I A 2B I ,60.06 rar. T 1 0.3 s 44 << 649 + 13 47 1.0.A. 161 107101 T.R.A. 101137 Par. 2 SS v 38 'rB '" 160.08 33 li I I -r7 - iii! EET y I 01 02 03 107131 04 107144 107137 20 ------------ 19 11 O6 07 08 103 BZK. 09 J 107087 107137 10 u 107137 107144 12 13 1°7137 14 IS 107144 T.R.A.107137 16 +e 200 ent 50 69 167.66 ` I 0.3 s 44 << 649 + 13 47 1.0.A. 161 107101 T.R.A. 101137 3 Iso Ph. La i@ 37 T.I.A. 107118 03 200 40 - JI 117137 1071!4 J9 _ 15 i.R.A. Milo 37 03 ---------------------- 3a 06 2e 11 n07 MITI 27 107137 08 156.7 i--- 2fi i 33 zs 10 17 4J Q1.06 AC. 23 BCK. 156.7 pp 36 18 35 - 21 107144 107137 11 20 18 12 19 8 le 107137 ` 107017 13 17 20 u T.R.A. 107137 16 i.1.A. 107134 IS i; 260 200 13 10 1 _v co Q y CD r— CD tZ CD 0n fl A 0 (.fl Cr it o0 N co ooh 4VCr) N C) 60 O N Vv --I Ln X00 t] �yCJI C m .woe (D CD V(m 0 �v �+ a V V � d V �o0 0 O VC)pC x-3-4 O O°m V V d N rn O N V {� w 0 KW:COMMERCIAL KENNETH PATTERSON DOUGLAS REYNOLDSON 1473 Ford Street Agent Commercial Real Estate Investment Advisor Redlands, CA 92373 0 909.793.2100 0 909.793.2100 C 909.478.4517 kenpcommercial@gmail.com dreyynoldson@kwcommercial.com CLARE #01456022 We obtained the intomfation above frau sources we believe to be reliable. H�, we fmmve not verified its accuracy aed make ro giaarrtee, warranty w represerrtatim about it. It is submitted subject to the possibility of errors, omissions, change W price. rental m other bo ditbri ,,prior sale, lease or Want . a wittdrawaf wiltwut notice. We include prgwttiors. opiriars, assunptions or estimates for example ordy, and they may ront t represerd cureor hAure pedarnance of the property. You and your tax and legal advisors shnld Url vna oum investioatm of the omnarty and transac :am wwu-kwcommercial.com :�=,= � rill � •�-, nor- .i -t �«r :ire :,• �.:t� Co parable Sale #3 Property Profile - Assessor's Parcel Map -Aerial KW: COMMERCIAL KENNETH PATTERSON DOUGLAS_REYNOLDSON 1473 Ford Street Agent Commercial Real Estate Investment Advisor Redlands, CA 92373 0 909.793.2100 0 909.793.2100 C 909.478.4517 kenpcornmercial@gmaiI.com drepyoldson@kwcommercial.com Cal RE #01456022 We obtartreo ane ikd='OCi above from � we believe to be reliable. However, we have not verified is aocnacy ar d make no g"ar-ee, warrar ty or rorreseita77.n ahn"�Y it ft is submitted s8yect to tare poesiblly c er,crs, nm'ss u -s, mange of price, rental a other conditions. prior sa'e, 'aria c,. "narr��ror ^d-4 va'n—t no:ica. We 'rc'•.ede pmjeo imrs, cpinnM assumptions or est'.^:.a es'ar �a pie only. and they may not represent current a 6rture pel—a tce ct the proparty. You awn your tax an,7 legal advears shodd conduct yna own rnvestCWuh of She prop" and transaction. wwrw.kwcomm ercial:com W 9th St, San Bernardino, CA 92401, San Bernardino County N/A � Beds r •�+r,E:sy�lmx N/A -- ..., . BathsF Gwner° information N/A 7,500 $31,500 BIdWSgi,Ft, Latt4SiCFFFti Fi4 &S^aWP_Hba N/A VCNT LND-NE 10/26/2016 YHruilt 7tyR:W RLs"S`alis;Datia Owner Name: Perez Yesenia Tax Billing City & State Mail Owner Name: Yesenia Perez Tax Billing Zip: Tax Billing Address: 1234 W Gage Ave Tax Billing Zip+4: Loca.t o:rn Infermatf ni CITY W 50 FT E 100 FT N 150 FT LOT 8 BLK 63 Assessment & Tax Zip Code: 92401 Census Tract: School District: San Bernardino Topography: Comm College District Code: San Bernardino Vly 3 Neighborhood Code: Tax Information APN : 0140-221-09-0000 Lot: Tax Area: 7001 Block: Tax Appraisal Area: 12 Water Tax Dist: Legal Description: CITY W 50 FT E 100 FT N 150 FT LOT 8 BLK 63 Assessment & Tax Assessment Year 2017 2016 -_.. ..... ... .. Assessed Value- Total $31,500 $21,300 Assessed Value- Land $31,500 $21,300 YOY Assessed Change ($) $10,200 $2,550 YOY Assessed Change (%) 47.89% 13.6% Tax Year Total Tax Change ($) 2015 $249 2016 $422 $173 2017 $561 $139 Special Assessment Tax Amount Sbcofire Fp-5 City Snbndo $152.98 Sb Valley Muni Wtr Dbt Svc $48.03 School Bonds $31.72 San Bdno Comm College Bond $11.84 Co Ventor Control $1.30 Total Of Special Assessments $245.87 (Cha -roc to -Antics County Land Use: Vacant Land Lot Area: Universal Land Use: Vacant Land (NEC) Water: Lot Acres: 0.1722 Sewer: CL°isting ?ZrlformAtIon MLS Listing Number: IV16135032 MLS Original List Price: MLS Status: Closed Closing Date: MLS Area: 274 - SAN BERNARDINO MLS Sale Price MLS Status Change Date: 10/26/2016 MLS Listing Agent: Courtesy of LARA FERNANDEZ, KELLER WILLIAMS REALTY, California Regional MLS within this report is compiled by CoreLogic from public and private sources. The data is deemed reliable, but is not accuracy of the data contained herein can be independently verified by the recipient of this report with the applicable county municipality Los Angeles, CA 90044 2732 57.01 Flat/Level 092-092 8 63 San Bernardino Vly 3 2015 $18,750 $18,750 Change (%) 69.43% 32.96% 7,500 Public Public Service $35,000 10/26/2016 $31,500 Ivbhatkav-Kavita Bhatia Property Detail on 04/07/2018 MLS Current List Price: $35,000 Lash I�Ia I€et I� al liJi ° Recording Date: 10/26/20 Sale Date: Tax: 09/1 16 10/26/20 Sale Price: $31,500 Document Number: 450574 Recording Date 10/26/2016 Sale Date 09/14/2016 Sale Price $31,500 Nominal Hossain Fida Buyer Name Perez Yesenia Seller Name Hossain Fida Document Number 450574 Document Type Grant Deed FrO:pe f y, MajJ, —501- 149' 149' —SO' — 1p'umtj *Lot Dimensions are Estimated MLS Listing Broker: 16 Sale Type: 4/2016 MLS: Deed Type: 16 Perez Yesenia s Owner Name: 04/09/2004 Seller: 10/26/2016 10/26/2016 10/18/2016 10/13/2016 Y Y Perel Yesenia Hossain Fida Rodriguez -Gomez Cesar Hossain Shemul A 450573 450572 Interspousal Deed Interspousal Deed Transfer Transfer Q G D 0 Gi 25 yards Z REAL ESTATE E Templt S', Pic, s k'nP 3t ;r 200,yad .g Courtesy of LARA FERNANDEZ, KELLER WILLIAMS REALTY, California Regional MLS The data within this report is compiled by Core Logic From public and private sources. The data is deemed reliable, but is not L.i, r., Property Detail of the : independently verified by the recipient of this report with the applicable +. or municipality. i Y Generates on 04/07/2018 Full Grant Deed itr 76+ s� Perez Yesenia s Hossain Fida 04/09/2004 10/18/1979 03/03/2004 a $26,091 $14,000 Hossain Fida Raymundo Florentino L 4 & Raymundo Remedios - Raymundo Florentino .. ......... L & Remedios A 246278 132 Grant Deed Deed (Reg) E Templt S', Pic, s k'nP 3t ;r 200,yad .g Courtesy of LARA FERNANDEZ, KELLER WILLIAMS REALTY, California Regional MLS The data within this report is compiled by Core Logic From public and private sources. The data is deemed reliable, but is not L.i, r., Property Detail of the : independently verified by the recipient of this report with the applicable +. or municipality. i Y Generates on 04/07/2018 W 9t1, St u w itr 76+ s� = s w Z a a a R 4 W RBh 3t � R K Z Z Z Vtf 8th St Z t Z E Templt S', Pic, s k'nP 3t ;r 200,yad .g Courtesy of LARA FERNANDEZ, KELLER WILLIAMS REALTY, California Regional MLS The data within this report is compiled by Core Logic From public and private sources. The data is deemed reliable, but is not L.i, r., Property Detail of the : independently verified by the recipient of this report with the applicable +. or municipality. i Y Generates on 04/07/2018 W 9t1, St u w � w Z a a a � z � Z Vtf 8th St E Templt S', Pic, s k'nP 3t ;r 200,yad .g Courtesy of LARA FERNANDEZ, KELLER WILLIAMS REALTY, California Regional MLS The data within this report is compiled by Core Logic From public and private sources. The data is deemed reliable, but is not L.i, r., Property Detail of the : independently verified by the recipient of this report with the applicable +. or municipality. i Y Generates on 04/07/2018 c-Ij N 0 O CO CID C Q O C,I)w O _ 90 lY _ N X r —vo U1-1� I U S✓ [Z �I c- o � 1— h—kap--------_—_--------�-a�-3+s— ;-- �' I � I f I C9 SI'l/ 091 99 Z9 19'91 09 91'14 0 1 O O9Z'l/ I 4W -I O OO - O O O O 09 OL DSI � O I O IL'CCI 95.991 I � a I 001 01 R .-------- "t'{' N Sl'S61 B9'f91 I I O K N I � 091 M I I I � I O9 OS 1 091 O9 Or 091 n — — I � I I I I I I I I I I I I I I I I I I I I I ISL 11 001 I as O s'L1 9.0 ss os 09 001 .� 0 —�--- ......--. 001 os[ O 0 002 OS O - OSI O _ O „SI OL O M OSI 0911 O m DOC 0 0 In 0 000 •+ 0 0 0 0 0 0� 09 OS 09 D9 OC 0, ~ D9 91 91 I I I I i I I I I I I I SZ 14 I f a C N M N O U at,o O p C d NO O 1 � ` yO m N m m Y y o c N O v Q m C!1 _ •t; ril� x .f., .iit` :tc!'�i.� :I •1: .ix KW COMMERCIAL KENNETH PATTERSON DOUGLAS REYNOLDSON 1473 Ford Street Agent Commercial Real Estate Investment Advisor Redlands, CA 92373 0 909.793.2100 0 909.793.2100 C 909.478.4517 kenpcommercial@gmail.com dreyynoldson@kwcommercial.com CaIBRE #01456022 We obtained the information above from sorrow we belie to be reliable. However, v have nDt verified ds accuracy and make no guaramee, warranty or representation about it. k is submitted subject to the posd)ikty of errors, caussxms, change of pig. Trental or other con iii5cm, prior sale, lease a financing, or withdrawal wittaut notice. We hchide projections, opinions, assumptions a estimates for example oft mrd they may not represent carent a fuare performance of the property. You and your tax and legal aftsors should conduct your own investigation of the property and trarwofa a. r,_1104/17/20Yt1 to �,r :ire: .t:,• Resume for Kenneth Patterson: 1975 to late 1979 Mess Management Specialist for USN (primary jobs: Staff`7 ©ok,,.Mess Manager, maintained food supplies and Buyers agent for ships, food)p D was, E-4 at, tiiiine of' discharge. Licensed as a California Real Estate Agent in 1979 Licensed as a California Real Estate Broker in 1989 Licensed as a Security Dealer with the National Association of Security Dealers (FINRA) in 1995. (Series 7 and 63 license, State of California Fixed and Variable life license) 1993-1995 Manager of Neighborhood Mortgage Corp. in Costa Mesa, Ca. (4 offices in Southern Ca.) We did over $80 million in Originating Residential and Commercial loans yearly. 1995 through 1997 Independent Security Dealer with American Express Financial Advisor. Since 1998 through 20111 managed Investment Retirement accounts for clients as an Independent Security Dealer and Small Group Health Benefits; through Lighthouse Capital Corporation out of Monterey, CA. From 1979 through 1999 I primarily sold and developed land to and for developers as an independent agent/broker. From 2000 to 2005 I incorporated residential sales into my sales activities because of demand by builders/developers I worked with. At which time I became an associate broker with Coldwell Banker Kivett-Teeters, I averaged 70 closed transactions per -year, until the recent down turn in the market. Mid -year 2005 to August 2012; Coldwell Banker Commercial Kivett-Teeters became the newest Commercial franchise. I deal in Commercial Sales, Building Leases, Ground Leases, land Sales and development. 2003-2007 I have been awarded the International Presidents Circle from Coldwell Banker International, which places me in the top 5% of Sales Associates Internationally. KW:COMMERCIAL KENNETH PATTERSON DOUGLAS REYNOLDSON 1473 Ford Street Agent Commercial Real Estate Investment Advisor Redlands, CA 92373 0 909.793.2100 0 909.793.2100 C 909.478.4517 kenpcommercial@gmail.com dreyynoldson@kwcommercial.com Ca[RRE #01456022 we obtained the frdorumbon above iron sources w believe to be reEable. Hwvever, v have rot verified its acaffac] and make no guarantee. warranty or representation about iL tt is submitted subbed to the possibility of errors, omissions, charge of price, rental or other coMdxxs, prior sals, W.ffie or financing. or withdrawal vrithmil notice, we include projepfixa, cphbna, ammnptions or estimates for example only, and they may not represent dnrsrt or Suture pedonnaroe of fhe property. You and your tax and legal admors sroM oonduct your own iwes§gation of the property and transection. www.kwcommercial.com August 2012 to Current I moved to Keller Williams Commercial as an Associate Broker in Redlands Ca. Doing the same business practices in the commercial arena, plus I now work with Asset Managers for Defaulted Notes and Real Estate, Probate and Bankruptcy Trustees. I'm also currently an Independent Financial Advisor for Colorado Financial Services. Kenneth Patterson KW Commercial 1473 Ford St Ste #200 Redlands, Ca. 92373 951-318-8516 cell 909-793-8200 Fax ke omnme7rciaIlc@ aii.co>mn Ca Lic#00774852 KW.COMMERCIAL KENNETH:PATfERSON DOUGLAS REYNOLDSON 1473 Ford Street Agent Commercial Real Estate Investment Advisor Redlands, CA 92373 0 909.793.2100 0 909.793.2100 C 909.478.4517 kenpcommercial@gmail.com dreynoldson@kwcommercial.com CaIBRE 901456022 We obtained the information abode fr sources we bd' to be rs5able. However, we have not verified its accuracy and make no guarantee, warranty or representation about iL it is adntted s W She possibility of enors. omissions, d arge of pace, rental or other conditions, prior sale, lease a fnanc"irg, a viAhdraWA wiNau t notes. We iln<inde proiectiors, cpunors, ass.unVtions aur estimates for exairriplie oft and they may not represent current or future performance of the properly. You unit your tax and "advmrs shmld eondrx:t your own ramstgdmn el the moperty and transacto www.kwconimercial.com