HomeMy WebLinkAboutContracts & Agreements_22-06 RDA_CCv0001.pdf AGREEMENT FOR PURCHASE AND SALE AND ESCROW INSTRUCTIONS
'rhis Agreement for Purchase and Sale and Escrow Instructions ("Agreement").
dated September 5, 2006 ("Effective Date"), is made and entered into by and between
Howard P. Floyd ("Seller") and the Redevelopment Agency of the City. of Redlands, a
public body. corporate and politic ("Agency"). Seller and Agency are sometimes
individually referred to herein as a"Party" and, collectively, as the "Parties."
RECITALS
A. Whereas, Seller owns certain real property located in the City of Redlands,
California commonly known as 31310 N. Third Street and -%,hich is identified as County of
San Bernardino Assessor Parcel Nos. 169-281-47, 48, 49 and 50 (the "Property"), and
B. WHEREAS, Agency has made a good faith offer to Seller to acquire the
Property for a public use pursuant to California law; and
C. WHEREAS, Seller has been apprised, and is aware, of the statutory
requirements relating to appraisals. offers and pertinent procedural requirements relating
to the acquisition of the Property; and
D. WHEREAS, Seller is satisfied that the aforementioned procedural
requirements have been fulfilled by Agency in negotiating this Agreement relative to
Seller's interest in the Property; and
E. Whereas, Seller agrees to convey the Property to Agency, subject to the
terms and conditions contained herein; and
F. WHEREAS, the Parties are in agreement and wish to provide for the
payment to Seller by Agency for the acquisition of the Property for Agency"s public use;
NOW -rHEREFORE, in consideration of the mutual promises contained herein,
Howard P. Floyd and the Redevelopment Agency of the City of Redlands, agree as
'follows:
AGREEMENT
I PURCHASE PRICE
The total, price ft)r the Property to be, paid by Agency, to Seller is Nine Hundred
Forty Thousand Dollars ($940.1000) (the "Purchase Price").
DYM\Agree'111-loward Floyd Purchase and Sale Agrnt Revised
8-31-06
2. rI'fLE 'FO PROPERTY
Seller shall. at C=lose of Escrow,row, y grant deed convey to Agency good and
marketable fee title to the Property, as evidenced by a standard fort C".L.`f.A. policy of
title insurance in an amount equal to the Purchase Price of the Property, issued by
Chicago Title Company (the "Title Company") shtiwin title vested in Agency, subject to
the exceptions to title approved by Agency pursuant to Section 3.1 below;.
3. CONTMT-IONS OF PU'RCHASE
Agency's obligation to purchase the Property shall be subject,to the satisfaction of
the following conditions, ,NIiich are for Agency's benefit only. In the; event any of the
following contingencies are not satisfied within the specified time limits Agency' may, at
its gale option, either waive such conditions or terminate,this Agreement.
11 A royal cit l'itle. Within fen (Ifl)days of O ening of Escrow, Escrow Holder
shall deliver to Agency a current preliminary title report ("PTR"), including document
referred to therein, covering the Property and prepared by the Title Company. Agency
shall have ten(10) days after the date of'Title Company's provision of the PTT.to Agency`
to approve or disapprove the status of title to the Property as disclosed in the PTR and
related documents. Any disapproval of status of title shall be w=ithin the reasonable
discretion of Agency and shall be limited to nionetary encumbrances and covenants,
conditions;restrictions and easements of regard which adversely affect Agency's intended
use ofthe Property. Any exception not disapproved in writing within the ten (10) clay,`
period shall be deemed approved by Agency, and shall constitute a permitted exception
hereunder. Any objection to a title exception by Agency shall be made in writing to
Seller, and Seller shall thereafter have twenty (`0) days within which to use reasonable
efforts to cure or to provide assurance of the cure: of the title defect and cause such item
to be removed from the title policy to be issued at Close of E craw. ,T'lae terns "reasonable
efforts," as used in this Paragraph 3. 1, shall not include any obligation of Seller to expend
any money or commence any legal action to correct any exceptions within the twenty
(2 ) day period. Seller shall notify Agency, in writing, of any disapproved title
exceptions which 'Seller is unable to cause to be removed prior to or at Close of Escrow.
Agency shall, within five ( ) business days thereafter, elect by giving, written notice to
Seller and Escrow Holder (i) to terr�iinate this Agres�rrrent. or (ii) to -,N°sive its disapproval
of such exceptions, in which case such exceptions shall then,be deemed to be permitted
exceptions. Agency's failure to give such notice shall tic. deemed art election to terraainate
this Agreement. In the event Agency elects to terminate this Agreement, tile.. Parties shall
be relieved from any further liabilities and obligations under this Agreement.
's, nspec;tio rs. With the prior written consent of Seller, which consent
shall not be unreasonably withheld, Agency shall have the right, for forty-five ('t ) days-
after the Opening of Escrow (the "Due. Diligence Perisac"), to physically inspect and
perform tests and environmental investigations (hereinafter collectively "Inspections")oil
the Property as Agency deems necessary. All Inspections shall be clone at Agency's scale
cost and expense. Within ten (10) days of the completion of such Inspections, the
J. AVAgree'd-lo and Fflovd Purchase and Sale. gnit Revised 2
8-31-06
Property. shall be returned to its original condition, Agency shall have the right, in the
exercise of its good faith discretion, to approve or disapprove of the condition of the
Property as disclosed in, such Inspections at any time during the Due Diligence Period.
Any disapproval of the condition of the Property shall be in writing and given to Seller
within such period. In the event Agency disapproves the condition Of the Property within
the Due Diligence Period. this Agreement shall terminate and the Parties shallbe relieved
from any, further liabilities and obligations under this Agreement.
.3.3 Personal Property.
A. The Parties acknowledge that Seller presently stores personal propertv on the
Property. Prior to Close of Escrow. Seller shall, at Seller's sole expense, remove all
person,,;] property containing hazardous materials from the Property. Seller shall ha"re the
right, but not the obligation, to commence renioval of such hazardous materials before
the termination of the Due Diligence Period.
B. Prior to Close of Escrow, Seller shall use Seller's best efforts to remove all other
non-hazardous personal property from the Property. In the event, Seller fails to remove
all non-hazardous personal, property on the Property prior to Close of Escrow, such
personal property shall become the property of Agency and Agency shall have the right
to dispose of such property without liability to Seller.
C. Agency, shall pay to Seller, in two installments, the sum of`f Hundred Eighty-
Five Thousand Dollars ($385.000) (the "Relocation Payment") for the relocation of
personal property of Seller presently stored on the Property, Within five (5) days after
the Due Diligence Period. Agency shall pay to Seller Two Hundred Thousand Dollars
($200MO) as the first installment of the Relocation, Payment, One Hundred Eighty-Five
Thousand Dollars ($185,000) shall be paid by Agency to Seller as the second installment
of the Relocation Payment by one (1) business day prior to Close of Escrow.
4. ESCROW
.1 Opening. The purchase and sale of the Property shall, be completed
j,
through an escrow, ("Escrow") to be opened at Guardian Escrow (the "Escrow Holder").
Within five (5) days after Agency's execution of this Agreement, Agency shall deposit
with the Escrow Holder one fully executed counterpart of this Agreement,, which, shall
constitute the Purchase Agreement and Escrow Instructions along with any additional
escrow instructions executed by the Parties pursuant to Section 4.6 of this Agreement.
The date of delivery.to Escrow Molder of such fully executed counterpart shall be deemed
the opening of escrow ("Opening of Escrow") and Escrow floider shall notify Agency,
and Seller in writing of the Opening of Escrow date, the date set for Close of Escrow, and
its acceptance of the escrow instructions.
4,14 QWjggjjc>ras of crack'. In addition to perforniance by Agency of all
obligations of Agency in this Agreement, on or before one (1) business day prior to Close
of Escrow, Agency shall have deposited into Escrow: (i) the Purchase Price for the,
DJ N-T."Agree,1 loward Floyd Purchmseand Sale Agmt Revi-sed 3
8-31-06
Property, and (ii) all other sums and documents reasonably required of Agency by
Escrow Holder for the Close oil'Escrow.
4.3 ObliQations of Seller. In addition to fulfilling all other obligations of
Seller required by this Agreement, on or before one (1) business day prior to Close of
Escrow, Seller shall deposit a Grant Deed for the Property. substantially in the forret
attached hereto as Exhibit-13," properly executed by Seller and recordable, in addition to
any other sums and document,,, reasonably required of Seller by Escrow Holder for Close
of Escrow.
44 Closina. Escrow shall close on the date that fee title to the Property
is conveyed from Seller to Agency as contemplated by this Agreement and evidenced by
recording of a grant deed ("Close of Escrow"). Close of Escrow shall occur, if at all, on
or before December 20, 2006.
4.5 Costs. Agency shall pay all non-recurring Escrow costs and title
charges,
4.6 Prorations. Current real property taxes, bonds and assessments shall be
prorated at the date of recordation of the deed, on the basis of a thirty (30) day month,
4,7 Brokerae Fees. In addition to the Purchase Price.
, Agency shall pay to
Seller the sum of Sixty Thousand Dollars ($60,000) as compensation for brokerage fees
payable by Seller for the Property,
4.8 Additional. Documents. Agency and Seller shall execute such additional
Escrow instructions as Escrow Holder may reasonably require to act as Escrow Holder,
but in no event shall the Escrow instructions increase the rights of one Party against the
other Party hereto or modify the terms and conditions of this Agreement.
5. SELLER'S REPRESENTATIONS, WARRANTIES AND
ACKNOWLEDGMENTS
Seller hereby makes the following representations, warranties and
acknowledgments and agrees that such representations, warranties and acknowledgments
shall survive the Close of Escrow.
5.1 Seller has fall right.
, power and authority to execute this Agreement and to
convey tee simple.title to the Property to Agency as provided herein. Seller warrants that
there are no oral or written leases, sub-leases, rental agreements, licenses, ownership
claims or other rights of possession and/or o'%,nership on all or any portion of the
Property and agrees to defend, indemnify and hold the Agency harmless for any and all
loss or expense occasioned by reason of any, such lease, sub-lease. rental agreement,
license or other right of ownership. lien. encumbrance and/or possession held by any
other patty in the Property.
11INTAgree4loward Flovd Purcimse and Sale Agnit Revised 4
8-31-06
5.2 Seller agrees that Agency has satisfied all legal requirements imposed by
Government Code sections 7261, 7267.1 and 7267.2.
5.3 Seller is not a foreign person under Section 1445 Internal Revenue Code
and will execute a Certificate of Non-foreign status and deposit the same into the. Escrow
prior to Close of Escrow.
5.4 This Agreement has been duly approved and executed by Seller and
constitutes the valid and binding Agreement of Seller enforceable against Seller in
accordance with its terms.
6. HAZARDOUS I SU BSTANNCES
Seller represents to Agency that, to the best of Seller's knowledge, there exists no
"Hazardous Materials" (as such terra is defined in federal and state law) underground
storage tanks or pipelines in., on, under or about the Property. Seller further understands
and agrees that in the event Agency incurs any loss or liability concerning Hazardous
Materials, underground storage tanks or pipelines, whether attributable to events
occurring prior to or rollowing the Effective Date of this Agreement, then Agency may
pursue Agency's remedies against Seller and any prior owners of the Property fiear any
liability or indemnification regarding such Hazardous Materials, underground storage
tanks or pipelines,
7. AGENCY'S REPRESENTATIONS AND WARRANTIES
Agency hereby makes the following representations, warranties and
acknowledgments and agrees that such representations, warranties and acknowledgments
shall survive Close of Escrow,
TI Agency hereby represents and warrants that the person executing this
Agreement has the full authority and power to enter into this Agreement on behalf of
Agency to purchase the Property from Seller, and to take all actions required of it by the
terms of this Agreement.
T2 Agency shall, prior to close of Escrow, deliver to Seller in executed letter.
in the form attached hereto as Exhibit"A," evidencing Agency's interest in acquisition of
the Property.
7.3 All the documents executed by Agency which are to be delivered to Seller
at Close of Escrow, shall be duly authorized, executed and delivered by Agency and shall
be legal, valid and binding obligations of Agency enforceable against Agency in
accordance with their respective terms, and shall not violate any agreement to which
Agency is a party or to vv-hich it is subject.
DJM`,Agre&JJoNvard Floyd Put-chase and Sale Agent.Rcvised 5
8-31-06
8. NOTICE
t"Wess othem4se provided herein, any notice, tender or delivery to be given
hereunder by either party to the other may be effected by personal delivery in writing or
by registered or certified mail, postage prepaid, return receipt requested, and shall be
deemed communicated upon delivery or as of mailing, hailed notices shall be addressed
as set forth below, but each party may change its address by written notice in accordance
with this Section.
Redevelopment Agency of the floward Floyd
City of Redlands 902 W, State Street
Attn: Executive Director Redlands, CA 92373
P.0, Box 3005
Redlands, CA 92373
9. GENERAL PROVISIONS
9.1 Entire Agreement. This Agreement supersedes any and all prior oral or
wntten agreements between the Parties relating to the Property and contains the entire
agreement of the Parties as to the matters covered hereby. No other agreement, statement
or promise made by any party or to any employee, officer or agent of any party to this
Agreement shall be binding, except a subsequent amendment to this Agreement, in
v,v,riting, executed by the Parties. All obligations of Agency and Seller under this
Agreement and the Escrow shall be joint and several.
9.2 Time is of the Essence. Time is of the essence of this Agreement and the
Escrow referred to herein.
93
A,-Yenev's Perfon-nance. Close of Escrow and performance of any duty
imposed on Agency by this Agreement is conditioned on Seller's full performance of all
duties imposed on Seller in this Agreement.
9.4 Seller's Performance, Close of Escrow and performance of any duty,
imposed on Seller by this Agreement is conditioned on Agency's full performance of all
duties imposed on Agency in this Agreement.
9.5 Counterparts. 1"his Agreement maybe executed in any number of
counterparts each of which shall be deemed an original, but all of whichwhen taken
together, shall constitute one and the same instrument,
9.6 Attorney's Fees, In the event any action is commenced to enforce or
interpret the terms or conditions of this Agreement the prevailing party shall, in addition,
to any, costs or other relief. be entitled to recover its reasonable attorneys' fees. including
fees for in-house counsel of the Parties.
DJ,N4',,Agree'J1oward Floyd Purchase and Sale Agnit Revised 6
8-31-06
9.7 Release. In consideration of this Agreernent, Seller hereby releases
Agency and its appointed officials, officers, employees and agents (the "Released
Parties"') and hereby waives any and all claims, liabilities and obligations in any matter
against the Released Parties arising out of Seller's ownership -file Property. whether or
not now known, suspected or claimed, including but not limited to, any claims for inverse
conderrination, pre-conden-mation damages, relocartion benefits. business goodwill, and/or
eminent domain. In this respect, Seller expressly waives the benefits and provisions of
California Civil Code Section 1542 which provides as follows:
"A general release does not e-,tend to clairns which the creditor does not know or
expect to exist in his favor at the time of executing the release, which if know by hirn
must have materially affected his settlement with the debtor."
9.8 Amendment. Any, amendment to this Agreement shall be in writing and
executed by the Parties.
IN WITNESS WHEREOF, the Parties hereto executed this Agreement on the
dates set forth opposite their respective signatures hereto.
REDEVELOPMENTAGENCY OF THE SELLER
CITY OF REDLANDS
By:
Jena,f-larr"Ison, Chairper s o I war I oyd
AITEST:
By:'
DMA gree4lowand Floyd Purchaw,and Sale Agint Revised 7
8-31-06
Exhibit "A"
Community Redevelopment Agency of the City of Redlands
Cajon Street
Redlands, California 92 373
September 5,_2006
Mr. Howard Floyd
902 W. State Street
Redlands CA 9237
Re aid N. Third Street (A P s 169-281-47 and 169-281-50
Dear Mr. Floyd::
This letter will confirm that the above-described Property is located within the
redevelopment project area known as the "Redlands Redevelopment Project Area" under the
Redevelopment Flan for the Redlands Redevelopment Project .Area adapted by the City Council
of the City of Redlands by Ordinance No, 15110 on September 26, 1972 and arnended by that
certain First Amendment to the Redevelopment Plan for the Redlands Redevelopment Project
Area adopted by° the City Council of the City of Redlands by Ordinance No. 1576 on February
17, 1976 (as amended, the "Redevelopment Plan"). Pursuant to the Redevelopment Plan, the
Redlands Redevelopment Project Area, including the Property; is targeted for redevelopment.
The Redevelopment Agency of the City of Redlands ("Agency") has the power of condemnation
under the Redevelopment flan.
Through 'several meetings with Agency staff and officials you have become aware of the
Agency's interest in the possible acquisition of the Property. I also confirmed to you that 1, as
Executive Director, and the Agency staff" would recommend the Agency" Board's consideration
of eminent domain to acquire the Property if a mutually agreeable purchase price and terms
could not be agreed upon between you and the Agency..
We understand that thereafter, under threat of the possibility of the Agency commencing
the aforementioned eminent domain proceeding, you have entered into an agreement with the
Agency for the acquisition of the Property, If you fail to convey;the Property pursuant to the
terms of your agreement, the: Agency staff intends to reconmiend the Agencyr commence the
steps required to acquire the Property, including through the use the eminent domain if::
necessary:
Very= truly yours,
John Davidson
Executive Director
Recording Requested By
and When Recorded Mail to:
City Clea
City of Redlands
P.O. Bax 300
Redlands CA 9237
EXHIBIT "B"
GRANT DEE"I
FOR VALUABLE BL ONSIDE .a -ICON, the receipt incl sufficiency of which is hereby
acknowledged, name ("Grantors"), hereby grant to the City of Redlands #'"Grantee"), a
municipal corporation organized and existing pursuant to Californialaw., that certain real
property located in the County of Sart Bernardino, State of California, and more particularly
described in Exhibit "A" attached hereto and incorporated herein y reference.
IN WITNESS WHEREOF, this instrument is executed as of this, day of 200
by:
[PLEASE NOTARIZE SIGNATURES]
GRANTOR: GRA TEE:
[ NAME CITY OF REDLANDS
B
Jain Harrison, Mayor
ATTEST
Lorrie PoyZer, City, Clerk
STATE OF CALIFORNIA
ss.
COUNTY OF SAN BERNARDINO )
On before me,
personally appeared, personally known to me (or proved to me on the basis of satisfactory
evidence) to be the person(s) whose names) is"are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/ authorized capacity(ies),
and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s)acted, executed the instrument.
WITNESS my hand and official seal.
Signature (Seal)
Exhibit"A"
LEGAL DESCRIPTION
CHICAGO TITLE COMPANY
Date: September 14, 2006 PLO A LEXANDER
t' i# (909)748.5110 DIRFC
s
(909)792.4147 BUSINESS
(90,9) 742>0803 FAX
r (909)742-3241 RESIDENCE
RAS'ALEXANDER E��"� CENTER
OLDWELL BANKER REALTY CENTER
01 'WEST REDLANDS BOULEVARD eafi,01't�, . rash*roma&,on,net
REDLANDS, CALIFORNIA 92373 53 •^
Order No.. 607022216 - E53
Property, 330 3RD STREET, REDLAND , CALIFORNIA
RE.
In response to a request for our issuance of a Policy of Title Insurance, we enclose herewith
our Preliminary Report for your review.
Should you have any questions in connection with this or any other matter concerning the
above referenced order, please do not hesitate to contact our office,
Thank you for choosing Chicago Title Company,
Title Department:
CHICAGO TITLE COMPANY
SAN BERN DSI C 4 s '
( 9)384-zeta tax. (909)384-790
.,
LAN UULINIV tta -r i
C�T3
TITLE OFFICER �
ILA
t� a
sec-
�"e
M.ELTR -d15115.'"97Cx 3 3"
AMENDMENT TO PURCHASE AND SALE AGREEMENT `.
This First Amendment to Agreement ("Amendment") for Purchase and Sale and Escrow
Instructions (`Purchase and Sale Agreement") is made this 19"day of September, 2006 by and
between the Redevelopment-Agency of the City of Redlands, a public body("Agency") and
Howard Floyd, an individual ("Seller"), Agency and Seller are sometimes individually referred-
to herein as a"Party," and together, as the "Parties."
P ,CITALS
WI-IERI---AS on September 5, 2006,the Parties entered into the Purchase and Sale
Agreernent relating to Agency's purchase of certain real property awned by Seller commonly
known as Assessor Parcel Nos. 169-281-47, h -2 1-4 , 169-281-49 and 169-281-50(the
"Pr operq,") and
WHEREAS as Part of Purchase and Sale Agreement, Seller requested that the escrow
associated with the sale of the Property be undertaken by Guardian Escrow; and
WHEREAS,, Seller is now requesting that Agency agree to a change in designation of the
escrow company from guardian Escrow to VIP Group, a wholly-owned subsidiary of Coldwell,
Banker Realty= ".enter,
NOW. THEREFORE,E, the Parties agree to amend their Purchase and Sale Agreement as
follows:
AGREEMENT
Section 1: Section 4.1 of the Purchase and Sale Agreement is hereby amended to
substitute the name of VIP Group, a wholly-owned subsidiary of Caldwell Banker Realty Center
("VIP") in place of Guardian Escrow Cornpany, and to acknowledge that Agency shad be
excused by Seller frorn any obligation under the Purchase and. Sale Agreement to open escrow
with Guardian Escrow and that, instead, escrow shall now be opened by Agency with VIP within
five (i) business days of Agency's approval of tl-Lis Amendment.
to),t INA r c'Amendme t to P'ur hme and sale Agreement-floward Floyd
Section 2: All other terms and conditions of the Purchase and Sale Agreement shall
remain the sarne.
Executed this 19"'day of September, 2006 in Redlands, Califorma.
REDEVELOPMENTAGENCY OF THE SELLER
CITY OF REI.)LANDS
lei
Y"!
By:
7
-1 gdFloyd
,16ii rr s
Ilarr" '.jr, Chairperson
A'17111317)
By:
Lo*Poyzer,yj,-e ,ty
D.IM\Agre,e\Ajnendmcnt to Purchase and Sale Agreement-HowaTd Floyd
NATURAL HAZARD DISCLOSURE STATEMENT AND DISCLOSURE REPORT RECEIPT
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9 FLOOD HAZARD DETERMINATION pursuant 10 42 U S.C,S ,an
4001 1 see Rad To Report
so LOCAL JURISDICTION HAZARDS IMay rriciude but*Ili not Do I t to one or m of! ilowin L1 Acbmt,Methane as La iov�oe nveotory Rejoo�ts,1-41jetainlCh
5u.�coctvky Fera Delitoase Orsciarsurs,NsfuraJy Octurring Asbestos,AvIrom Noise m ra Zone, at rt V,innny, Con,WA son T,Rignt to Farm Grounawate,Dififc,stnc
�:Iolxl Ono to Hazards,Chtfcas Habitals,Duct Sealing Methartioals, a-
Contaminalior, _Undergro d Res iisj Rater to Report,
ii MELLO-RODS&SPEC4AL ASSESSMENTS Dursuan!to Section 53311-53365 71"53754 of the Cal,forne Gommment C CE OF SUPPLEMENTAL PROPERTY TAX
SILL ptrrs�arn to C,ni code Section 1102(3c,Role,to Rapport
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12 MILITARY ORDNANCE FACILMESoursuani IoCaliffindia CiW Coca Sechans 1102,15and 1940 7 RediriaRedort
do
terns 1,3-17 Wow are guides enclosed jr,5uye's spy of hOpon,
3 ENVIRONMENTAL HAZARDS-*A Guide for Horneowriant BUY 're I. ,ir ma st, ,ey Coda S 5,Co a,a
,fars Landloindianctranarils'purs to call(oth'a Ith atisty Code S 51C0 a'AeQ 25417,aria
2e100,Bur,nass and Professions code Sachor,10084,and Civi Code Section 2079 7 Reterlop M /a
ze
4 EARTHQUAKE SAPETYi H
"The orneowniats Guide To EalrquaKe Safety'and'Res-denval Eanhq ke Hazards Repo pursuer,ir
:to Catiforma Bvsmass And Prve6s;or s
He
Code Section,I 0149 and 50^.Qnrment Code-Sections 8897 1,6897 Z,and 8897.5 Peter to Repon
il., RESIDENTIAL EARTHOIJAKE HAZARDS REPORT FOAM pursuant tocsiftrrfut Business and protests-ons Code Sevres 10149,and CaHonia Gomrnmrar.7 Cook- Secjrons
8647 1 8897 2.and 6897.5 Refer to enclosed"Pie 40meowner's Guide to Earittiquake,Safety'.
16 LEADLOASED PAJNT:'Pronlicl'Your Family From teat.n Your Home'PUFSLahl 10 HUD Mortgage LiarsirafZ-94,TVs X of Hc,Sog and Corn D. AcIO!99e keletIoReport
17 MOLD;ChacTei ic;re mdid.dUrsvant to Heaftt�0,a Safety Coca Section 25100&1 sisq,25417 0 26100,Business and Proiessrons Code Section!v,384,and Crvj Code SlsUj or
2079.7 Ratan o Report
Signa;;.,e Dt Tatrisforsia(s) i
SAWWWO
7�5D it
hE r 'S -r—p Y s 5 n
ATTEST:
L )rrin_ Pr e# , Secretary
COPYRIGHT C adde PROPEPTY tZ,k.rage r"~ E S C R 0 W r"
Escrow dirt.; 2369-D
PRELIMINARY CHANGE OF OWNERSHIP A preliminary Change in
Ownership Report must be fled
with each conveyance in the
(To be completed by transferee(buyer)Briar t transfer of subject property in accordance with County Recorder's a>ttice for the
Section 480.3 of the Revenue and Taxation Code,) This report is not a public document. county where the property k
sccl 1.°IA,ER/T'lt`ANSF �'0R Itt)��',•9TtT>1'.l^C_G7`D
located: tot particular brine asst
�
be cain all 5T3 counties of
BUYE,RaTRANSl E..RE Rt,EST,VI:;t..(fl'ty ENI'r GI,—,N Y OF TLIE CITY OF}t,TzD&,rtNDS California
ASSI'SSC,3R'S PA C.E , slUNIFIER(`�), 01
09-291-47,48,49&50
PROPF'RT Y ADDRESS OR LOCATION- 330"I'hird Street,Redlands,CA 92373 NV.f) NV-`r
N4 ad Tax Infiormation to: (Name): T3EDEV IiT.,4)E'Ts3ENT t 0FNC"1'01"rIfF CITY 0 F RFDLA
C SF1 pp
(Address): P0 Box:3005 _
Redlands,CA 92373 AREA
PFION E is:IJMRER TS a,in.to 5 p in.y 22T
. i�) A -
NOTICE.A lien rorprop:rty taxes applies to your property on January I of ea h year for the taxes owing in the following fiscal year,July I through June 30.
One-halfof these taxes is due November 1,and one-half is clue February I, The first installment becomes delinquent on December 10,and the second
installment becomes delinquent on April In One tax bill is mailed before November Ito the owner ofrecord.
IF THIS TRANSFER 0(C tJRS AFTER JANUARY I AND ON OR BEFORE DECEMBER 31;YOU MAY BE RESPONSIBLE FOR TETE SECOND
INSTALLMENI'T OF"T°A FS DUE FEBRUARY 1,
The property which you acquired may be subject to supplemental assessment inert amount to be determined by the San Bernardino County Assessor, For
further information oil your snpplernental roll obligation,please call file Assessor Realty Division at. For information about this form,please call the Chane
of Clwn rshr,Section at.
PART I: TRANSFER INFORMATION Please answer all questions
VES NO-
❑ M, A: Is this transfer solely between husband and wife(Addition ofaspouse,death of a spouse,di vorce settlement,etc,)?
'S 13. Is this transaction only a correction of the ntante(s)of the persons}holding title to the property(Far example,a name charge upon
tnat riag;e}>
El t Is this document recorded to create.ternttnate,or reconvey a lender's interest in the property?
Q D. Is this transaction recorded only as a requirement for financing purposes or to create,terminate,or recorivey a security interest{c,g;
ci?aasignery?
1. Is this document recorded to substitute a trustee unser a decd of trust,ntartg;age,or other similar document'!
Q F Did this transfer result in the creation of a joint tenancy in which the seller(transferor)rentains as one of the joint:tenants?
Q ea. ]aloes this transfer return property to the person who created thejtaint tonancy(original:transferor)?
] Ft, Is this traansferofpropertyt
El I. tie a°r trust for the benefit of the grantor,or grantor's spouse"?
El 2. to as trust revocable by the transferor:'
0 3, taxa ca trust from which the property reverts to the:;rantor within 12}ears?
( 1: If this property is subject to a lease,is the renraining]cased terns 35 years or more including written options'?
D *J, Is this a transfer between parent(s)and children)0 or from grandparent(s)to randchild(ren).r
n *Tr; is this a transaction to replace a principal residence by a person 55 years of age or oldeiQ
Within the sante county;' 0 Yes 0 No
El *L Is this transaction to replace a principal residence by a person who is severely disabled as defined by Revenue and Taxation Code
Section Cie>.5? Within the same county"' 0 Yes 0 No
*1f you checked yes to,1,TC,or L,you may quality for a property tax reassessment exclusion,which may result in lower taxes on your property. Failure to file at
claim results int the reassessment of:f is property,
Please rovide ally ocher information that would help the Assosor to understand the nature of the transfer
IF YO i IIAVE ANSWERED"YES"TO ANY OF THE ABOVE QUESTIONS EXCEPT 7„K,OR l.,PLEASE SIGN AND DA TE,
4}`i"Fit.RW'ISE['t)IwTPLLTE BALANCE OF THE 17ORM
PART II. INNER TRANSFER INFORMATION
A. Date.of transfier of other than recording date:
E3. ,Type oftransfer. Please check appropriate box'
purchase C1 Foreclosure F-1 Gift 0 Trade or Exchange 0 Merger,Stock,or Partnership Acquisition
k ontr,rct ref Sale Dante zaf Contract
Inheritances. Datcoft3cath 0 Otlrer(Please explain).
creation rat;a 1-ease 0 Assignment off a lease ® 'Termination of a Lease S,alc/Leasebaack
0 Date least began
El Original term in years(including written options)
El Remaining tertrn in years,(-including written options
C". Was only a partial interest in the property transferred? F1 Yes Pvct
If`"a`a:s, indicate the Percentage transferred: 4>�.
RS-SV 25 SBE-ASD AH 502-A BACK(Revised 2129/00)
PRELIMINARY C'HANG OF OWNERSHIP
Phd asc aanswcr,to the brisk of )ur knowledge,all applicable 2tatstions,S14 and date, It a juestion docs not a a1 ,indicate with"N/A".
PART III: Ia1.RCRASE PRICE&TERMS OF SAKI
A C"AS]I fDC7y1rN 11 A YM I:N FOR Value of Trade or Exchange texcdudtitt.closing costs) Amount ,t.
fa"tf2 s l']}.ink C)}w'3't 174 C rr,.M: Interest st i r.. _ "cars, Pay tints/Mo.m S__ _(Print.& Int,only) ..
Amount:
FIJA ._ _ __. a Discount Points) ❑ Fixed Rate ❑ New E,oan
❑ t:onvsnttonal ❑ Variable Bate ❑ Assumed Existing 1. cars Balance
❑ VAI w•_" ." u _Discount points) ❑ All Inclusive I)T.(S Wrapped) ❑' Bank or Savings&Loan
❑ Cal-vet ❑ Loan Carried by Seller ❑ Finance C ontpany
Balloon Ilayruent ❑ Yes ❑ No Due fate Amount
C sl.0"C7ED E.7liFm[;t t iE="I" & 49 ,_ . _ % Interest for� years. Paamts/?vlo.. S (Ern &Int: rkdy)
r
Amount
[lank or Savoigs&I,oan Fixed Rate ❑ New I oan
1-oan Carried by Scher ❑ Variable Rate. ❑ Assumed Fxisfing 1 oan Balancer
Ballr:)on Paytiactu ❑ Yes ❑ Nei Due,Date Amount
,r
Ia: t'a'E I ld R dr1NANC INi"'11 Is other financing involved net covered in(fi)and(C')above? ❑ Yens 0 N Amount
d vpc tr; 4r Interest lint: years. Paytnentsi'Mo = _(Tran:&Int.
artily)
Bank or Savings&I,oan ❑ Fixed Rate ❑ Now Loan
❑ loan Carried by.Seller ❑ Variable Rate 0 Assumed Existing[.snarl Balance
Balloon Payment Cl Yes ❑ No Due Date Acrxrunt
4 `
L. WAS AN Iiv9FrROVI ME N MON D ASSUMED ED BY THE BUYER? ❑ Yes ❑ No Outstanding Balance Amount
Fp 'fOTAI PURCFIAS'FP I(T1'(Caracquisitionprice,iftradedorexchan ,includerealestatecommissionifpard).
`fatal Items A tlarcau9a E 's°`c140,00(E.00
C,. I'ItCD1'i:lr:TY PURCI l.'h`sEDja`t"hrou h a broker,. ❑Direct from sellur ❑From a Family member Other(explain)
It poncho ed through a broker,Provide broker's name and phone nvr.: 1 `(.(."
Please explain any special terms;, ;ell!t-concessions,or financing and any tither information thatwould help the assessor understand the pare hale price
and terms ofsale,
PART IV: PARC"IIA dE; PRICE.e�C' TIy:RMS OF SALE
A_ FYPF OF'PROPERTY TRANSFERRED:
TD:
El Sirmle-nimily residence ❑ Agricultural ❑ .rine:share
❑ Multiple-family tvsrclence(nes.ofoctets. ) C] Co-op/Own-your-ownE] Manufactured dlorne
C ornmercial?Industrial ❑ Condominium m ❑ Unimproved lot
Other(Description:
B IS TIiIS PROPERTY rIv"IT'.:`«IDED AS YOUR PRINCIPAL RESTDENC rl Yes C1 No
It``Yes°,enter date of occupancy _.:_ ,-or intended occupancy
Mouth Days Month: Day
t Is Personal Property included in the Purchase Price(i c.furniture,farraa equipment,machinery,etc.
(c Cher their-a nranufa turcd horne saibje t to local property tax') ❑ Yes ❑ No
If yes,enter the valtic of'the personal property nicluded in the purchase pricy;S (Attach iternixed list of personal property)
1): IS A M APvLrF ACI EIRE D 1:10ME included in the purchase price? ❑ Yes ❑ No
If ye,,!rano much of the purchase price is allocated to the manufactured home`! S
Is the rrianufactured home subject to local property tax? ❑ Yes ❑ No What is the Decal Number?
d: DOES TIdEs PROPERTY PRODUCE INCOME? ❑ Yes ❑ No If'yes,the income from:
ED Lease I Rent ❑ Contract ❑ Mineral Rights ❑ tither- £explain`.
1 WfIA'I Al AS TI-IF t;ON DETK)N OFTHE YROPEWFY AT"FIFE:TI' {Ei.OE SARI"E`l
❑ Clomid ❑ Average ❑ Fail- ❑ Poor
Neaase explain the physical condition of the property and provide any other information(such as restrictions,etc)that would assist the Assessor i
determining the value of the property.
z e ctrl Jtrr[I coiner;it it-tie,cr/r'inct carr!complete to the!rest of nry krrowletl c acrd belie].
, ned ,_. r l, Date October 10 , 200
Please J',rrtitName afNew Owner!Corporate Officer Jon Harrison, Mayor, City of Redlands
(ROTI,The Assessor mav`contact-you for further information)
If a)cx cinxcnt eVideraieiuitownership peeie recorder for recordation without tire concurrent filing of a preliminary
tkra cot wnership Report,d corder nray charge an additional recording fee for twenty dollars Seo.
VIP Group an Escrow Division
501 West Rkxflands Blvd:,Ste, B
Redlatids,CA 9217")
P:(909)798-3065 -F: (,909)798-9727
COMMISSION INSTRUCTIONS
Date: October 10,2006
Escrow No.: 2369-DF
Escrow Officer Diane Franken
RFI 30 Third Street,Redlands,CA 92373
Upon close of escrow, from funds received andJor held by you on my behalf you are instructed to pay:
CO'I'-f)WEI.,,I,,.BANKER-RE,.ALJY CENTER
a licensed real estate broker,the sum of $60,000-00
This is an IRREVOCABLE COM'MISSION ASSIGNMENT and cannot be amended or revoked,insofar as it
relates to payment of commission,without the prior written consent of broker(s)named herein,who shall be
deemed a party to the escrow for the sole and exclusive purpose of receiving said commission.
The employment of saidbroker(s) in the transaction described in said escrow is acknowledged by the undersigned,
who agreed to pay said sum to said broker(s)as a commission for services rendered pursuant to said employment,
REDEVELOPMENT AGENCY OFTHE CITY ATTE IT
OFIREI?' NDS
By:k_)_NHX7J,�RIS0N,Chairperson tor' IL e Po, x, , ecretary
Please mail payment to address below unless payment is called fear on the day the above escrow is closed:
Broker: COLDWELL BANKER-REALTY License No. 00989051
CENTER
Agent: Ray Alexander
Address: 501 W. Redlands Blvd.,Ste A
Redlands,CA 92373
fly: Telephone No.: (90 9)792-4147
IP Group an Escrow Division
501 West Redlands Blvd,, Ste. B
Redlands,(-',A 9237.
P:(909)798-3065 .F (909)798-9727
SALE ESCROW INSTRUCTIONS
TO: VIP Croup an Escrow Division Date September 26,2006
trscre, esrt cer Diane l+ranken
Escrow Mimber: 2369-101"
VII'GROItP AN ESCROW DIVISION IS I,IC'ENSED AS NN ESCROW AG'FN T IIY"I HE IIEPAR"1`f"►UNT OF IIk;A
ES`I'A'1`E OF°TIIE STATE OF CAIAFORNIA ITC°ENSE NUMBER 00089051,_
REDEVELOPMENT GENC Y OF THE CITY OF RED DS, (hereinafter known as Buyer) agree to purchase; tiotti
HOWARD P. FI OYTI (hereinafter known as Sellar) the real property set forth herein per the terms, conditions, consideration and
instructions hereinafter stated. The. Seller and Buyer herein shall deliver these signed escrow instructions to VIP Group an Escrow
Division,(hereinafter kracawn as Escrow Holder),within 5 calendar days after receipt ofsarne
fTCII6 �I:Ji�-t'IwI kRY-.
Buyer has deposited with escrow'
Broker Inas can deposit for account of buyer
Buyer will deposit prior to close€fescrowv $ 940,000.00
Buyer paid seller outsides escrow(receipt acknowledged by seller) $'
Deed off rust to Record $
Deet of Trust to Record $
Beed of`t'ru;t of Record $
IµOTAI,CONSIDERATION:ATION: $ 940,000.00
[Furthermore, I will execute and deliver any instruments andsor frauds which this escrow requires to show title as called for, all of
which you are instructed to nese on or before December 20, 2006, provided you hold a Policy of Title insurance with the usual title
c:oraalsany's exceptions, with as liability of not less than $ 940,000.00 covering property in the City of Redlands County of San
Bernardino,State of C'ahfornia,described as follows:
SEE E tIffi1 f` `A' A°f TAC?IfED HERETO AND MADE A PART HE EOF
Assessor's Parcel No. 0169-281-47,48, 49& 50
t°a'atwttwta NI Y KNOWN A,:.330 Third Street,Redlands,CA 92373
SJIOwuIN(i T t t t w {a';s t tv.a afa REDEVELOPMENT AGENCY OF THE CITY OF REHLANDS
I. Ocneral and Special County and City(if any)Taxes for the current fiscal year, not dare:or delinquent, including any special Levies,
payarrents for which are included therein and collected therewith.
2. Lieu of Supplemental 'taxes, if any, assessed pursuant to the provisions of Chapter 3.5 (commencing with Section 7.) of the:
Revenue and'i`axation-C'aade of the State of California.
3. Covenants, Conditions and Restrictions, reservations easements for public utilities, districts, water companies, alleys and streets,
rights and rights of way of record, if any; also exceptions of oil, gas, arrinerals and hydrocarbons,and/or lease, if any, without the
right of srarfaace entry,
IN `T`R J „['CON "TO ESC°I24)W-
C'I'CISINC COSTS: TEAS IS AN ALL ("'ASH TILANSACTION. Mayer agrees to pay in cash, in addition to tire Purchase Price,
the amount required to cover Buyer's closing assts, including; recordation charges for the Deed conveying the Property Buyer's
pronate portion of property taxes for the applicable tax }fear,T3atyeeS normal escrowCees; and other custurnary closingcosts 'of Buyer
Buyer shall also pay all of Seller's non-recurringclassing costs including but not limited to tlae escrow Lbes,documentary transfer taxes,
counnission cline tvO l.t's E11,BANKER REAITY CENTER and asst of Buyer's C f,TA, Owner's Standard Coverapac Title Insuraraee>
EXHIBIT A
PARCEL NO, 1 :
'lFlAT PORTION OF' BLOC.' "D" CENTRAL TO SIT , IN THE CITY OF REDL NDS, COUNTY
OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK £T PAGE 57
OF MAPS, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT 367 FEET NORTH OF THE SOUTHEAST CORNER OF LOT 2j{
THENCE NORTH 33,5 PEE'T
THSNCk WEST 338 FEET;
THENCE SOUTH 33.5 FEET;
THENCE EAST TO THE POINT OF BEGINNING.
PARCEL NO.
LOTS 1., 3, S, 7, 3, 11., BLOCK OD" , CENTRAL l'C1WNSITE, IN THE CITY OF RETJLA.TDS,
COUNTY OP SAN BERNARDINO, STATE OF C:,ALI PORN i A, AS PER PLAT RECORDED IN BOOK E
PAGE 57 OF MAPS, RECORDS OF SAID COUNTY.
PARCEL NO. 3
THE T1F;ST 25 TMT:;ET" OF THE FOLLOWING DESCRIBED PROPERTY
THAT PORTION OF LOT" 28, BLOCK 77 OF THE RANCHO SAN BERNARDINO, IN THE CITY OF
REDLANDS, COUNTY' OF SAN BERNARDINO, STATE OP CALIFORNIA, AS PER PLAT RECORDED
IN BOOK 7 PAGE 2 OF MAPS, RECORDS CJS' SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINN LNG ArT, A POINT ON THE TEST LINE OF ORANGE STREET, WHICH SAID POINT IS
342 .25 PEET NORTH AND 10 FEET WEST OF THE SOUTHEAST CORNER OF THE EAST 1X12 OF
THE NORTHEAST HEAS"T 1/4 OF THE SOUTH 1/2 OF SAID LOT, 28;
°1'131*»NCE NORTH ON THE WE'S`'t" LINE OF SAID OR :CTE STRRRT, 60 PEET
THENCE WEST 320 FEET;
THENCE SOUTH 60 FEET;
`I'TfENC,`E EAST 3201 FEET TO THE POINT Cid BEGINNINV
THE WEST 25 FEET OF `I"ATE FOLLOWING DESCRIBED PROPERTY:
TIUVP PORTION OF LOT 28, BLOCK 77 OF THE RANCHO SAN BERNARDINO, IN THE CITY OF
REDL,ANDS, COUNTY OF SAN BERNARDINO, STATE CTE` CALIFORNIA, AS PER PLAT RECORDED
1N BOOK 7 PACE 2 OF MAPS., RECORDS OF SAID COUNTY DESCRIBED AS FOLLOWS:
T SGINNINGI AT A POINT ON THE NEST LINE OF ORANGE STREET, WBICTT SAID POINT IS
242.25 FEET NORTH[ AND 10 FEET WEST OF THE SOUTHEAST CORNER OF THE EAST 1/2 OF
THE NORTHEAST 1/4 OP THE St1E3'IH 1/2 OF SAID LOT 28
THENCE NORTH ON THE WEST LINE OF SAID ORANGE STREET, 100 FEET;
THENCE WEST 320 FEET,
THENCE .SCIIITH 100 FEET
THENCE EAST 320 FEET TO THE POINT OF BEGINNING.
VIP Group art Escrow Division irate.Septeurber•26,2006
Escrow No,2369-DF
which to approve or disapprove in writing, Absence of written notification by Buyer(s)of disapproval within specified time shall be
deeNnted Buyer'sapproval of all documents and deposit of final closing funds by Buyer shall s tisty this condition in Ball.
PRELIM INARY t`"HANGE OF OWNE16111P REPORT. Prior to lire close e of escrow,Grantee shall cause to be hander to
Escrow l fender°a fully completed and executed "Irrelintinary Change of Ownership Report" pursuant to the requiretuents and in
accordance will)Section 480.3 of the;Revenue.andTaxation axation Ctade,State ofCalifornia, If Grantee;set chooses,(.)ranter;realty Metal not
to cornpleic and execute said for to prion to the close of escrow. ler such all event,Grantee is aware that 20:00 charge will be
assessed by the C''c unly Recorder's's Off ce and 14cyrow Bolder will charge lite account of tile,Grantee accordingly. Escrow Holder's
sella;duly shall be the delivery of said furan to the County Recorder at the bear of recordation of transfer document,.
DILE I)ILICSENCE I'EIttOD Buyer to have a 45 clay Due Diligence period from September 5,2006 to October 20, 2006
AFFIDAVIT — DEA11:1 OF JOINT TENANT-T- Escrow holder is instructed to prepare an Affidavit Death of Joint Tenant for
Betty I) Floyd and Seller to provide Escrow holder with a Certified Copy of the Death Certificate for I3ety D. Floyd, which will be
recorded along with elutes'doctrta`ent be.tein at close of escrow at Buyer's expense:
PROPERTY
DISCLOSUREICEPota: Seller to provide Buyer`with a Mandatory Zone Disclosure Report prior to cleric;ofescrow
and agrees to L pay fir-sauce at close of escrow.
SUPPLEMENTAL 'TAX INFO Il,NtXI1t7N The tax assessor has the right it) reassess the subject property after close,of escr taw
and issue a supplemental tax bill to the Buyer, who shall be solely responsible for same. In the event the Seller rcceives a
supplenaeroal tae, hill for prior tax year(s) before close of escrow, charge Seller's account. Supplemental tax bills lot arty tax period
prior to close of'escrow is they-scale responsibility of the Seller. If any such supplemental tail frill has been issued for this current tax
year, it is the Seller's responsibility to forward said hill to fire new Buyer, and the Buyer's responsibility for payment of scare,
In such,event said supplemental bill will be added to the current tax bill and prorated accordingly at close of escrow. "m BII,1.S
ISSUED Al°`l`E "1"HE"CLOSE 01 ESCROW llAU BE 11AND1,EII DIRECTLY 1 E`I ELN BUYER AND SELLER.
IRS 11199 Its:l OIC11NC, DISCLOSURE: Parties are utade aware thatwe are required by law to report the total "gross" proceeds
(Metal considerationls"rlsys price)"on all real estate sales to the IES at closing. lit addition, parties are further rrr-rale aware that Escrow
Holder will also be required by 1I,It. 638 "Horne Sale Tax Fairness Act of 1992" to report to IRS the amount of real estate property
taxes apportioned between the,parties at close of escrow. Seller is to complete:, sign and return lite attached certification Beret to
Esc-caw) Holder, (all sellers must sign), and this escrow) may not close if dais form is )tett received prior to closing. This is air lit
requir nicht, and any que,,fions should be directed to The Treasury Department and not Escrow Holder, N(r fE— Corporations erre
automatically exempt from IRS I099 reporting,
INSTRUCTIONS NOT TO SUPERSEDE: 'these escrow instructions are executed for the scale purpose of enabling the Escrow
Holder to consplete this transaction, and are not intended to amend, modify, supersede or in any way change that certain agreement
entered into by the,parties hereto and dated prior to these escrow instructions.s. VIP Group an Escrow Division, its officers ar dior
employees s shaalil not be concerned with said agreement or any matters as contained therein anti is responsible only for such matters as
are specifically scat out above in the instructions,
`l llE FOLI,OWINt r 1'It("tl A'l IO S ANl)aIOR ADJUSTMENTS S ARE` O BE MADE AS OF: CLOSE OF ESCROW
I.Real Property'faxes parsed tier lastest available;tax bills.
i 1ErNIORA wDA: 'ITIE FOLLOWING G A:I E SHOWN AS A MATTER OF AGREEMENT BETWEEN PARTIES ONLY.
ALL PARTIES ARE AWARE AND ACKNOWLEDGE THAT ESf"'12{7iW HOLDER SHALL HAVE N It SPONSIBILIT
WITH REGARD TO "THESE I'ITMS, ESCROW IIOLDEIC WILL TAKE NO AC rIC}N "t?leITH RESPECT TO THESE
ITEMS EITHER BEFORE OR AFTER'I''HE+["EROSE OF ESCROW:
AGENC"Y CONFIRMATION: The following agency cy relationshipts)are hereby confirmed for this transaction:
All Parties acknowledge and agree that C(ILDWELL BANKER-REAL:fY CENTER represents both parties in this transaction.
PERSONAL 1'ICOPUC UY. brio- to close of escrow, Seller, at Seller's expense, to remove all personal property containing
hazardous material .front they property. Seller shall have the right but not the obligation to commence removal of'such hazardous
errata-cal before the termination of the Atte diligence period. .Also, Seller shall use Seller's beast efforts to remove all other- nor)-
hazardous personal property ctrl the property prior to close of escrow. In the event Seller fails to remove all nttrl-hazardous personal
property arra the property prior to close of escrow,such personal property shall become the property of the Buyer and Buyer shall have
the tight tea dispose cut"such property without liability to the Seller:
VIP Group an Escrovv Division Datc:September 26,2006
Escrow No, 2369-DF
WE, JOINTLY LY AND SEVERALLY, ACKNOWLEDGE RECEIPT OF A COMPLETE COPY OFTHE WITHIN ESCROW
INSTRUCTIONS AND BY 01,111 SIGNATURES SET FORTH BELOW, ACNNC1V'1'LEIJGE THAT WE HAVE READ,
UINI)ERSTAND AND AG11EE TO 111, 11C)IttND BY THE"I'EItMS AND CONDITIONS CONTAINED THEREIN,IN `1 R IR
Buyer's Signature.
ItE.1.tEVEI.,Ol'fv°lEN'I'At:i1'N(' E"')1°THE(711"'r OF ATTEST:
REDLANDS
Fly.)(� AR.I t. ,Chairperson r F' *
Address, 1'Ot Box 3005, Redlands,CA 92373
The foregoing terms, provisions,conditions and instructions are hereby a roved and accepted in their entirety and a€atxc€€€red with b
me. 1 will harrcl you necessary documents called for on€axy part to cause title to be shown as set out I€e€ein, which you are authorized
to deliver;v,laen you hold or have caused to be applied to hinds set forth herein within the time as herein provided, You are authorized
to pray on my behalf, racy recording fees,charges fur evidence of'title as called for whether or not this escrow is c;onsuntruatecl, except
those the buyeragreed to pay, You are hereby authorized to pay bonds; assessments, arses, and any liens of record, including
pr-epayttreut penalties, it any,to show title as called for,
Seller's Signature:
-. -
WARD P.
10
Address: 902 W.State Street,CA 92373
VIP Group air Escrow Division Date:September 26,2006
Escrow No.2363-1*
ADDITIONAL ESCROW INSTR.1)(MONS AND PROVISIONS
1; The parties to this escrow are ruade aware that Escrow Holder Inas no obligation to verify signatures of any€f tits parties
2, You shall not be responsible for the following; 1) the sufficiency or correctness as to farm,manner of execution or validity of ally:.
d currrents deposited in this escrow: (2) the identity, authority, or right of any person executing the same, either as to documents of
record or those handled in the escrow. lir(3) the failure of any party to comply with ally of the provisions of any agreement, contract
or other instrument filed or deposited in this escrow or referred to in those: escrow instructions, Your duties shall be limited to the;
safekeeping of n oney and documents received by you as Escrow Holder and for the disposition;in compliance with (lie written
instructions accepted by you in this escrow, You shall not be required to take any action regarding the: collection, maturity, or
apparent outlaw of any obligations deposited with you unless otherwise instruction in writing;.
Where the assignment of any insru•ance policy from Seller to Buyer is concerned, Seller guarantees to you any insurance policy
handed you in this escrow is policy in force, the policy has not been hypothecated and that all necessary premiums have been paid.
You are authorised to execute rsn behalf of the parties assigurnents of interest in any insurance policy (other than title insurance
policies)called fm-in this escrow, you are authorized to transmit for assignment any insurance policy to the insurance agent requesting
that the insurer consent to such assignment, to request that a loss payee clause or such other endorsements as may be required be
issued and to forward such policy to the lenders and entitled parties. You shall not be responsible for verifying the acceptance of"the
request for assignment and policy of insurance by the insurance company. The parties mutually agree that you will make it()atternin
to verify the receipt of the request for assignment by the issuing insurance company. All parties are placed on notice that if the
insurance company should fail to receive the assignment,the issuing company may deny coverage for any loss suffered by Buyer. IT
IS Alla,t lfl.lGATK)N OFTHE INSURED OR THE INSLlRED'S REPRESENTATIVE- TO VERIFY MITE ISSUING COMPANY'S
A4;:CEI"J'A CE,OFTHE ASS it:iNl'wslEslwT t"F TIib POLICY.
4. You are not (ca be held responsible in any way whatsoever for any personal property tax which may be assessed against any former
or present owner of tire, subject property described in these escrow instructions, nor for the corporation or license tax of any
corporation as a former or present owner,
. If it is necessary,proper or convenient liar the consummation of this escrow,you are authorized to deposit or have deposited fluids
or documents, or both, handed you render these escrow instructions with any duly authorized sub-escrow agent, including, but not
limited to any batik, trust company, title insurance company, title company, savings and loan association, or licensed escrow agent,
subject to your order at or before chase of escrow in connection with chasing this escrow. Any such deposit shall be deemed a deposit
under the tneaning o#these escrow instructions.
ti. The par'tics to this escrow have satisfied themselves outside:of escrow that the transaction covered by this escrow is not in violation
of-the Subdivision lvlap Act or any law regulation land division,zoning ordinances or building restrictions which may affect the laud
or improvements that are the subject of` this escrow. You, as escrow holder, are relieved of all responsibility and liability ill
connection with strath laws,ordinances,restrictions or regulations and are not to be concerned with any of their enforcement.
7. If any f€arra of` rucha:se Agrc;€:nrelit caf arneni nrent or supplement(collectively ly "Purcha e Agreement") is deposited in this escrow,
it is understood that such document shall be effective only as between the:parties signing the; Purchase Agreement. You, as Escrow
I Iolder,are not to be concerned with the terms of any Purchase Agreement and are relieved of all responsibility for the enforcement of
its terms, Your only ditty is to comply with: the instructions set forth in the escrow instructions, You are not responsible for
interpreting;or acting on any provision of any Purchase Agreement on which these escrow instructions may be based and you shall not
rely on any knowledge;or understanding_you may have of any such Purchase Agreement in ascertaining or performing your duties as
Escrow holder, In connection with any Baan transaction,you are authorized to deliver a copy of any Purchase Agreement,snpplcnaent
or arnendineirt and a copy of all escrow instructions,supplements or amendments to the lender.
8. You shall make no physical inspection of the teal property or personal property described in any instruments deposited in;or which
is the subject of this escrow. You have made:no representations or warranties concerning any such real property or personal property'
and are not to be concerned with nor-liable for the condition of real property or personal property:
9. The parties authorize the recordation of any instrument delivered through this escrow if necessary or proper for the issuance cafthe
req-uired policy of title insurance or for the closing of this escrow. Funds, instructions or instruments received in this escrow may lig
delivered t ,or deposited with any title insurance:corupany or title company to comply with the torts and conditions of this escrow.
10. You are to use your usual document forms or the usual forms of any title insurance company or title company and in our
instructions inset dates and terms on the instruments if incomplete when executed.
11, If the date by which Buyer's or Seller's performances are tine shall be other than your regular business day, such performances
shall be€hie,on your next succeeding business clay;
12. You shall conduct no lien or title search of personal property regarding the sale or transfer of any personal property through this
escrow. Should the, parties desire that you conduct a lien or title search of personal property, the parities requesting the same shall
VtP t*r oup an EscrowDivision Date:September 26,2006
Escrow No. 2369-DF
14. The parties agree to deliver to you all documents, instruments, escrow instructions and farads required to process and close tl is
escrow in accordance tvxith its terms.
15. You are instructed to provide title to the subject real property in the condition identified in the escrow instructions by the parties.
You are riot responsible for the Contents or accuracy,of any bes refic:iary demands and/or beneficiary staternexits delivered to you by the
existing,benholderse You arc not required to submit any such beneficiary statements and/or demand to the pat-ties for approval before;
the close of escrow artless expressly instructed to do so in writing. Should the parties desire to pre-approve any such beneficiary
state nocr t acrd./war dernand, the parties requesting the:same shall deliver separate and specific Written escrow instructions to you.
I ti. You are not to be responsible in any way whatsoever nor to be concerned with the terms of any new loan or the content of any loan
documents obtained by any party in connection with this escrow except to order such loan documents into the escrow tile;„transtrut the
h)au documents to Buyer for execution and trarisrrrit thaw executed loan documents to lender. The,parties understand and agree that you
are riot involved nor concerned with lite approval ant1lor processing of any loan or the contents and effect of kraal documents prepared
by ar lender,
17. "the patties-expressly indemnify and hold you harmless against third-party claims for any tees, coasts or expenses where you have
acted in good faith, with reasonable care and prudence and/or in compliance with these escrow instructions, You arc not require(] for
suburit any such beneficiary statement and/or beneficiary demand to the parties for approval before the; close of escrow unless
eaxtuessly instructed to do ser in writing,: Should the party(ies)desire to pre-approve any such beneficiary statement and/or beneficiary'
dernand,the p<art;y(ies)requesting tlae satnre shall deliver separate and specific written escrow instructions to you.
M The federal I,ax Reform abet of 1986,as amended,and the California Revenue&Taxation Cods,require ce=rtain transactions it) be
reported to tie internal Revenue Service and the California Mate Fr=anchise'fax board, in diose transactions Seller Will furnish a
correct tax identification number to you sea you can report this transaction as required by law. Seller understands that Seller may be
subject to civil or criminal penalties for failure to do soar
M`flew parties agree that you have tine responsibilities of an Escrow Holder only and there are no other le=gal relationships established
in the:terms and conditions of the escrow instructioan&. In contrection with this escrow: (1)You shall have,no duty or responsibility`of
muifyrag ally of the parties its this escrow of any sale, resale, loan,exchange or other transaction,involving any oaf tineub)exct real
property or personal property-, (2) You shall have no responsibility or duty to disclose any benefit, including, brat not limited to
financial gain,realized by any person;firer or corporation involving any of the subject real property or personal property;and(3)Yout
shall have no responsibility or duty to disclose any profit realized by any person, ffrin or corporation including,but not limited to,any
deal estate btotcer°, real estate sales agent and/or a party to any other escrow, in connection therewith,although such other'transaction
tuay be:handled by you in this escrow or in another escrow transaction- If,however,you are instructed in writing by any part}, Lender
or ether entitled person to disclose any sale, resale, loan, exchange or other transaction involving any oaftire. subject real property or
Personal propc ry or ally: profit realized by any person, firm or corporation to any party to this escrow, you shalt do so without
incurring any liability to any party, You shall not be liable for any of your acts or ono cions done; in good faith truer for any clamrs,
deuaarnds, losses or damages naaade or suffered by any party to this escrow,excepting such as may arise through or be caused by your
willful zteglect or gross misconduct,
20. Buyer acknowledges that pursuant to the California Revenue: & Taxation Goalie a Change of Ownership forma is required by the
county recorder to be completed and affixed to any documents submitted for recording which evidence a conveyance of title{. `fire
Change of Ownership floral shall be furnished to buyer by you for Buyer's completion and execution, buyer is aware that if Buyer
doles riot complete the; t{.aril in full, sign and return it to you before closing, to penalty will be assessed by the county rewarder. if the
Change-of Ownership form is nowt tiled after the close of escrow within the tithe limits set forth by the county recorder, severe
additional penalties will be assessed against the Buyer.
For information and assistance in completing the Change of Owne"bip form, Buyer may contact the County Recorrder and
Assessors rs o,ffic s in the county in which the subject property is located.
21. The parties shall cooperate with you in carrying out the escrow instructions they deposit with you anti completing this escrow.
'file parties shall deposit into escrow,upon request,any additional funds,instruments,documents,instructions,authorizations,or other
items that are necessary to enable you to comply with demands made on you by third parties,; to secure policies of title:insurance, or to;
otherwise carry out the terrrns of their instructions and close this escrow. if conflicting demands or notices are made or served upon
you or ally cscrntrov=Cra=y arises between the patties or with any third person arising out of or relating for this escrow, you shall have the
absolute right to withhold and stop all further proceedings in, and in performance of this escrow until you receive written notification
iatistarctory for you of the settlement of the controversy by written agreement of the parties,or by the tarsal carder or judgment oaf a court
oder urpetont jurisdictiort:.
All of rite parties to this escrLLo kj,.joint'.ly and severally, promise to pay promptly ori demand, as well as to indemnify you and for'hold
you bararrless from anti against all administrative governmental investigations, audit and legal fees, litigation and interpleader costs,
damages,judgments,attorneys' fees,arbitration costs anti fe=es,expenses,obligations and liabilities of every trued(collectively"coasts")
which it) good faith you may incur or suffer in connection with or arising out of this escrow, whether- said costs arise: during the
performance of or subsequent to this escrow,directly or indirectly,and whether at trial,or on appeal,in administrative action,or in all
KarbibAtaon. You are given a lien, upon all the rights, titles and interests of the parties and all escrow papers and other property and
nronies'deposited into this escrow to protect your tights and to indemnify and reimburse,you. if the parties do not pay any fees, Costs
IP Group air Escrow Division late,September 26,2006
Escrow deo,,2369-DF
22, ALL NOTICES, DI-IvlANDS ANI) INSTRUCTIONS TIO S MUST BE IN WRITING, No notice, demand, instruction, anienhntc tt,
strpplerrteut car ttiodificaticon sof these: escrow instructions shall be of any effect in this escrow until delivered in writing to you and
mutually executed by all parties,
Any purported oral instr-ucticon,anrendnnent,supplement,modification notice or demand deposited with you by tire:parties oreither of
tdienrn slnttld lac tncft ctive rrttd irnvalid. you are to be concerned only with the directives expressly set fcorth in the escrow instructions,
supplements and arnendrneuts thereto,and are not to be concerned with nor liable for items designated as"ruennorandurn items`' in the
escrow instructions.ns. `Flicse escrow instructions may be execrated in counterparts,each of which shall be decured an original regarddcss
of the clan;tat`its execution and delivery. All such counterparts together shall Constitute the sarnrne document.
The paretics acknowledge and understand that you, as Escrow Holder, are riot authorized to practice tine law nor do you give financial
advice, 'file parties are advised to seely legal and financial counsel and advice concerning the effect of these escrow instructions. 'file
parties acknowledge that no representations are made by you about the legal sufficiency, legal consequences, financial effects or tax
consequences of the within escrow transaction.
23, Notwithstanding any other provisions in these escrow instructions and in addition to other fees and costs to which you may be
entitled, the; parties, jointly and severally, agree that if ibis escrow is not consunuo ated within ninety (90) days of the date set for
closing, you are instructed to, and without further instructions, withhold your escrow hold open fee of$75.00 per month from the
fluids on deposit with you regardless o`who deposited such hinds. The parties,jointly and severally, further agree that if you are, for
any reason, required to herald funds after close of escrow,you are instructed to,and without further instructions, withhold an escrow tee
cast"$751)tl per niouth from the funds can deposit with you regardless of who deposited such finds. The parties irrevocably instruct you
to autonaatically'cancael this file without further instructions when all t rrads oil deposit have been disbursed;
tad. Your Escrow floldet agency shall terminate six (o) nnouths following the date last set for close of escrow and shall be subject to
earlier termination by receipt by you of mutually executed cancellation instructions. ;if this escrow was not closed or cancelled within
the described six Chi` tnanth period, you shall have no further`obligations as Escrow Holder except to disburse funds and dioctnnents
pursuant to written escrow instructions and to interplead or otherwise dispose of funds, and documents its accordance with a validly
issne.rd and validly served carder Bonn a court of=competent jurisdiction. If the conditions of this escrow have not been coranplicd with at
the expiration dates in these escrow instructions,you are instructed to complete the conditions at the earliest possible datQ,unless Buyer
or Seller have made written demand upon you for the return of the funds and/or instruments deposited by Buyer or Seller arndf or tint;
cancellation of tl is escrow.
Should demands be made upon you, you rally withhold and stop all further proceedings in td is escrow without liability for interest ori
suds held or for damages until natural cancellation instructions signed by all parties shall have been deposited with you. "fire panties,
jointly and severally, agree:that if this escrow cancels or is otherwise>terminated and not closed,the parties shall pay for any costs and
e,cpertses whicAl ya;n havc inc rrtccl of harvc, become obligattacl for under these escrow instruction, including, but meat linated to,
anttornys` fees, arrbitr�ation fees and caosts and reasonable escrow fees foot the servictes tendercc d ray yotr,the parties agree that staclt costs
and expenses shall be paid and deposited in escrow before any cancellation or other termination of this escrow is effective, The
parries agree that said charges for expenses,costs and fees may be apportioned between Buyer and Seller ill a manner which, ill your'
ole discretion,you consider equitable and diat your decision will be binding and conclusive upon the parties. Upon receipt of mutual
cancellation instructions or a filial tinder for judgmentt of a court of competent jurisdiction with accompanying writs of , levies
or gaarnishinrens, you arc instructed to disburse the escrow funds and instruments in accordance with such cancellation instruction,
order or iudgment and accompanying Nvrit and this escrow shall„without further notice;be considered terrrnin ted and cancelled,
25, df arty ctreck submitted to you is dishonored upon presentment fir payment, you are authorized to notify ,all parties to the within
escrow, their respective real estate brokers and real estate agents and any other person or entity you deem in you sole discretion
necessary to ratify,
eta, "file parties agree to release you front any and all liability of any kind or nature and to indemnify you from any loss, damages,
clarinrns, judgnertts or costs of any bind or mature resulting from or related to the release or discharge of hazardous or toxic wastes rain
the subject property whether it occurred in the past or present or may occur in the future which release or discharge is in violation of
law, in excess of any state and federarl standards, permit requirements and/or disclosure requirements existing of this time or which
notary exist at a future tirrre. The parties represent than they imide their town assessment of the condition of the subject property and have
riot relied on any of your representations in making the assessment; The parties are advised to seek independent legal and technical
environmental expert advice in assessing the risks associated with potential hazardous or toxic wastes;
27, fit these escrow instructions, whet-ever the context so requires, the ria c:udine gender includes the feminine and/or or neater and the
singular nnnber includes the plural.
28, You are authorized to destroy or otherwise dispose of any and all documents, papers escrow instruction, correspo tide nee and
records or either ►nnater al constituting or pertaining it) this escrow at any time after five (5) years from the date of: (d) the chose or
escrow: (2)the date of cancellation.or 3)the date of the last activity without liability and without further(notice to the parries,
Buyer's Signature: Seller'sSignature:
CALIFOR-NIA
s ASSOCIA-rION REAL MATE AGENCY RELATMSHIPSk
F R-EALTf RS, r. OXINAMMI by*4 CM Cod*)
,Asid"d 4"
r
kt54 S? t 5 ��rcNYF t1ft'd tfiPSit,7tNWd4n+Yf3dR.Wfr �7FFiw*J 'liY� Wci'S'+i`LW#t,:44V.3f. `f{ggy, r
MAN
,t .a
When you enter into a discussion with a real estate agent regarding a real estate transaction,you should from the Outset understand what
type of ageirty relationship or representationyou wish to have with the aWt in the b1msallon. �
SELLER'SAOM
A Seller's agent under a listing agreement with the Seller acts as the agent W the Saber,only.A Seller's agent or a subagent of that agent
has the following affirmative obligations:
To the Seller: s
A Fiduciary duty of utmost care,'integrity,honesty and loyalty in dealings with the filer_'
To the Guyer aM ft Seller
(a) Diligent exercise of reasonable skill and care in perforinanco of the agent's duties.
(b) A duty of honest and fair dealing and good faith.
(c) A duty to disclose all facts known to the agent'materially affecting the value or desirability of the property that are not known to,or with-
in the diligent attention and observation of,the patties. t
An agent is not obligated to reveal to either party any confidential information obtained from the other patty that does not involve the affir-
mative duties set forth above
BUYER'S AGENT
A selling argent can,with a Buyer's consent,agree to act as agent for the Buyer only. In these situations,the agent is not the Seller's agent,
even if by agreement the agent may receive compensation for services rendered„ either in full or in part from the Seller. A agent acting
z only for a Buyer has the fallowing 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:
ti (a) Diligent exercise of reasonable skill and carry in performance of the agent's duties.
r b A duty of honest and fair dealing and good faith_
(c) A duty to disclose all facts known to the agent materially affecting the value or desirability of the property that are not known to,
or within the diligent attention and observation of,the parties. {
An agent is not obligated to reveal to either party any confidential information obtained from the other party that does not involve the affir-
mative duties set forth above.
j: AGENT REPRESENTING BOTH SELLER AND BUYER
4111
i< A real estate agent, either acting directly or through one or more associate licensees, can legally be the agent of booth 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) {:ether duties to the Seller and the Buyer as stated above in their respective sections,
161
in representing both S61er and Buyer,the agent may rant,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 groater than the price otiored.
li' The above duties of the agent in a real estate transaction do riot relieve a Seller or Buyer from the responsibility to protect his or her cyan
interests. You should carefully react all agreements to assure that they adequately express your understanding of the transaction.-A real ''1
estate agent
ge nt is a person qualified to advise about real estate,'it legal or tax advice is desired,consult a competent professional. t
hroug tc ut your real property transaction you may receive Inure than erre, disclosure form,depending upon the number of,agents assisting ter
in the transaction-The law requires each agent with whom you have more than a casr_ial relationship to present you with this disclosure€carni.
t
You should read its contents each tiniea It is presenter}to you, considering the reiationship between you and the real estate argent in your
specific transaction.
`' This disclosure form includes the provisions of Sections 2079.13 to 2079.24, inclusive,of the Civil Cade set forth on page 2.Read it
carefully.
VWE ACKNOWLEDGE RECEIPT OF A COPY OF THIS DISCLOSURE AND THE PORTIONS OF THE CIVIL CODE PRINTED ON THE BACK
(OR A`SEPARATE PAGE)_
BtflrR SELLER .�� -sem _ fate _ ... Time _..._AlvtlPfvt
Btt`tERfSELLER _ Datex z Time _ AfVldPtif4
AGENT4 C'^:.t h ... ........�_._.�.1-__.*� at........:: •�+�:'ik,.By.....w ._.. :. � 2 � � -4--k ha+s �#' .... Date.. ._.--r�.�.. b •
(Please Print) (Associate-Licens o;rtr Broker Signature)
� �i
THIS FORM SMALL RE PROVIDED AND ACKNOWLEDGED AS FOLLOWS(Civil Code§22(179.14):
When the listing brokerage company also represents Buyer,the Listing Agent shall have one AD farm signed by Seller and one signed by Buyer.
When Buyer and Seller are represented by different brokerage companies,the Listing Agent shall have one AD form signed by Soler and the Buyer's
g Agent shall have one AD learn signed by Buyer and one AD form signed by Seller, i
Ther ryrfgrrt iarit of the united States{Title r 7 Li B.Cods)fortA the unauthotixed reprocft i of this form,or
c arty pOrfeor+ttie+or,f,Of ythcitac 'trrirre of a3rty outer runs,l+ sstfieg 3
%c sirtaaie or cor€qpibritzed f s.C4VyiijftQ 1991-2OW,CALIFORNIA ASSOCIATION OF FlEALTORS',{IVC.ALL R*HtS RESERVED
THIS FORM K48 BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS"(CAA.),NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR AUEQUACY
OF ANY PROViSION IN ANY SPECIFIC TRANSACTiON,A REAL,ESTATE BROKER iS THE PERSON QUALIFIED 10 ADVISE ON'REAL ESTATE TRANSACTIONS.IF YOU DESIRE
LEGAL OR TAX ADVICE,,CONSULT AN APPROPRIATE PROFESSIONAL.
This form is avaiiatale for use by the entire real estate industry.11 is riot intesadM to identify the user as a REAt_TOW REAL'TOW is a registerod coiWive rnembecship mark which may be
usert crafty by members of ft NATtDNALASSOCIATION OF REALTORS who sut seikra to its Code of Ethics.
}
PubliOed and Dstributeddyy
a r RfAi ESTATE BUSINESS SERVICES.INC, r
a sahsidrary 7 tfle alitrrrnia Asscwrafrrrrr al REAL 1{fti
t. to for 9s5* 525 SttuTh ir:tit 4"iii blas lltia}e t,s.Ctllittrtn a 90p2fl atter
AD REVISED 4/06 (PAGE 1 OF 2) -PRINT DATE BDC Afar 06 Reviewed by,.,. _ Coate.__® r r
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