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Home My WebLink AboutContracts & Agreements_12-2008PURCHASE AND SALE AGREEMENT I:MENT AND ESCROW INSTRUCTIONS This Purchase and Sale Agreement and Escrow Instructions ("Agreement") is made and entered into by and between the City of Redlands, a municipal corporation ("Buyer") and Sani 1-1. Panhwar and Surriya Panhwar ("Seller") this 15`' day of January, 2008 ("Effective Date"). Buyer and Seller are sometimes individually referred to herein as a "Party" and, together, as the "Parties." In consideration of the mutual promises contained herein, the Parties agree as follows: AGRI:;F:;IVMEN,1' ARTICLE I PURCHASE AND SALE Section 1.1 Purchase and Sale. Seller is thee owner of certain real property located in the City of Redlands and more particu]arly described as County of San Bernardino Assessor's Parcel No. 0168-571-72 (the "Property"). On all of the terms, covenants and conditions contained in this Agreement. Seller agrees to sell the Property to Buyer, and Buyer agrees to buy the Property from Seller. Section 1.2 Purchase Price. The purchase price for the Property ("Purchase Price") is Thirty - Seven "thousand Three Hundred Seventy -Five Dollars ($37,375). Section 1.3 Payment of the Purchase Price. Buyer shall pay the Purchase Price to Seller in cash upon "Close of l-;scro\v" as defined herein. ARTICLE 11 ESCROW Section 2.1 Escrow, Escrow Ifolder, and Opening, of Escrow. Within ten (10) days ofthe Effective Date of this Agreement, Buyer shall open an escrow to facilitate the transaction contemplated by this Agreement ("Escrow") with Redlands Escrow ("Escrow Holder") at the address specified in Section 8.6. Delivery by Buyer to Escrow of a fully -executed original or counterpart original of this Agreement shall constitute the opening of Escrow ("Opening of F'scrow") This Aoreement shall constitute escrow instructions ("Escrow Instructions") to E?scrow Vlolder. ']"he Parties shall execute such additional. Escrow Instructions consistent with the provisions of this ;Agreement that are mutually acceptable to the Parties or that may be required by Escrow Holder. Escrow Holder's general provisions ("Standard Escrow Instructions") shall also constitute Escrow Instructions for purposes of this Agreement. As between the Parties, Buyer and Seller agree that if there is any conflict between the terms of this Agreement and the Standard Escrow Instructions. this Agreement shall control. Section 2.2 Close of Escrow. Subject to the conditions set forth in Section 2.8, Escrow shall close on the date that fee title to the Property is conveyed from Seller to Buyer as contemplated by this Agreement and evidenced by the recording of a grant deed for the Property (Close of Escrow). Unless otherwise extended by written amendment to this Agreement, Close of Escrow shall occur on April 30, 2008. or sooner. after all conditions precedent to Close of Escrow have been satisfied or waived. Section 2.3 Preliminary and Supplemental Title Reports. Escrow Holder shall deliver to Buyer, within ten (10) business days after the Opening of Escrow, a Preliminary Title Report covering the Property issued by Commonwealth Land Title Company ("Title Insurer"). The Preliminary Title Report shall be accompanied by complete copies of all underlying documents referred to in the Preliminary Title Report as evidencing exceptions to title (collectively PTR). Section 2.4 Review of Title Documents. Buyer shall have ten (I0) business days folloNving receipt of the PTR within which to notify Seller. in writing, of Buyer's disapproval of any exception to title disclosed in the PTR. In the event the PTR is supplemented ("Supplemental PTR") by the Title Insurer. Buyer shall have five (5) business days after its receipt by Buyer Of Such Supplemental PJ`R, within which to approve or disapprove any new matters disclosed in the Supplemental PTR. In the event Buyer disapproves a matter disclosed in the Title Documents that Seller declines to cure and that Buyer declines to waive, the Escrow shall be cancelled with respect to the Property upon written notice by either Party to the Escrow Holder and the other Party. Upon any such cancellation of Escrow. each Party shall pay one-half ofthe Escrow cancellation charges. Section 2.5 Condition of "F'itle. All smatters contained in the P 1'R that are not disapproved by Buyer prior to the end of the period referred to in Section 2.4 shah be deemed to be permitted exceptions ("Permitted Exceptions"). Seller shall convey the Property to Buyer in fee simple title, which shall be, except for the Permitted Exceptions, free and clear of all leases, tenancies, rentals, mortgages, liens, charges, encumbrances, encroachments, easements, conditions, exceptions, assessments, taxes and other defects in title. 33.i'r f . u .e �,nd 5 3t flimII, i-I �-08 r` r � |naddition to performanceby, 8nyero[aUobU ionoof Buyer contained inthis Agreement., on or before one (l)business day prior bClose of Escrow., Buyer shall have dconnkcd into Escrow: (i) the Purchase Price for the � and (ii) all other sumaand documents reasonably required ofBuyer hYEscrow Holder to the Close ofEscrow. Section 2.7 Obligations of Seller. In uddhkm to fulfilling any other obligations of Seller contained in this Agreement, on or before one (1) business day priorto Close of Escrow, Seller shall deposit into Escrow-, a grant deed to the Property, properly executed by Seller and recordable and any documents reasonably required of Seller by Escrow Holder to carry out Close of Escrow. Section 2.8 Conditions Precedent to Close of'Escrow. Seller's obligation toconvey the Property and Buyer's obligation to purchase the Property are subject to the satisfaction (or vvritten waiver hythe hcncOttingParty) o[the fb||ovvingconditions precedent: (a) Escrow has not been canceled and/or this Agreement has not been terminated pursuant to Sections 2.4, 29 or32; (h) Iii|c lnyuuz ioprepared to issue the policy oftitle insurance described in Section Section 2.9 Conditions Reg-arding) Close of Escrow. Inthe event that mnvcondition precedent to Close of Escrow referred to in Section 2.8 is neither satisfied nor waived in writing by the Partv benefitim, from the condition. such condition shall be deemed to have failed and Escrow shall terminate with respect no the Property. If either Party is at Cuuk for cancellation o[Excrow Pursuant to this Section, including because the Party failed toact when or in the manner required puzsuuottothim'\grctuocn1,orbccuunctbt9urtyoc1odinauysucbnonnner\beAioopcdrduudieIbction of any condition precedent specified in Section 2.8, that Party shall be responsible for paying all Escrow cancellation costs. If the Escrow is terminated pursuant to this Section for any reason that is not the fault n/uParty, the Parties shall equally bear the Escrow cancellation costs. Section 2. 10 Taxes and Assessments. Prior too,concurrent with Close ofEscrow, Seller shall pay, caouoi or terminate all prior current taxes, including special taxes msoeaonocnts and improvement fees orcharges levied ounragainst the Property. Thccosts associated with this transaction shall hcpaid ua .Section 2J I Payment of Costs. mwawl�,"11,."�_°milam~"-/'/mm 3 kg B Liver shall pay an amount equal to the cost of obtain in p a standard forin CLTA title insurance policy covering the Property in the amount of the Purchase Price 111CILidino the cost *fthe FIR, (b) Buyer shall pay all costs ofEscrow, induding the Escrow Bu|dcr'scscrnvv fee; (c) Buyer shall pay the cost of documentary transfer taxes, if any, in connection with the Fees. and commissions relating to brokerage fees. .Section 2. 13 Title Policy. Escrow Holder shall deliver toBuyer, through Escrow, uCl�[A owner's policv- of title insurance insuring Buyer's fee ownership of the Property. subJect only to the usual printed bt|c company exceptions and the Permitted Exceptions, in amounts equal to the Purchase Price, issued hvTitle Insurer and dated uao[Close ofEscrow. Section 2.14 Execution of Other Documents. Compliance with . The Parties shall dosuch other things and shall execute all documents which are reasonably necessary for Close of Escrow to Occur. Furthermore, the Parties shall comply at their own expense with all applicable laws required for Close of Escrow to occur including., but not Ili-nitcd to, any required filings with ovcnnrocnio)au1horh�s. Section 2.15 Recording of Documents and Delivery of Funds. Upon receipt of the funds and instruments described iothis &rticle., and upon the satisfaction mwaiver of the conditions precedent to Close of Escrw,\ referred to in this Article, FscroxN Holder shall cause the grant deed and other documents specified in this Aoreernent to be recorded in the official records of the County of'San Bernardino. Upon Close of Escrow, Escrow Holder shall deliver conformed copies of the grant deed and all other appropriate documents toBuyor. Charges.Section 2.16 Escrow Cancellation Notwithstanding any other provision of this Agreement to the contrary, in the event that Close of Escrow fi1ilS to Occur as result of the default Of' aPurty,tbcdcGsuhingpmrty("Dobu/|TiugPmrty")yhuUbcUub}cfbraUEmurowc0000Uotionchnrgcs. lnthe event that Close oFEmcrow fails Vmoccur for any other reason, Buyer and Seller shall each bc rcsponsih|efbrundoh:||payone-bu|f'ofoUEocrnnounoc|lationcharpcmun|csospecificdcthonwist in this Agreement. mmmo="m.a="xa�mp=o°= /'/mm 4 ARTICLE III FEASIBILITY, QUE DILIGENCE AND INSPECTIONS Section 3.1 Feasibility, Due Diligence. and Inspections. Buyer shall have thirty (30) business days from the Effective Date of this Agreement to complete its due diligence ("Due Diligencelleriod"). After providing Seller with at least twenty-four (24) hours written notice, Buyer and its consultants, agents, contractors and employees ("Buyer's Agents") shall have the opportunity clUrinoIn the Due Diligence Period to enter the Property during regular business hours, or as reasonably necessary, to make visual inspections of the Property. ,Section 3.2 Consequences of Feasibility and Due Diligence Inspection.. If Buyer falls to disapprove, in writing, of the physical or environmental condition of the Property prior to the end of the Due Diligence Period, or any extension thereto. Buyer shall be deemed to have approved the physical and environmental condition of the Property. Buyer shall notify Seller in writing if Buyer disapproves the physical or environmental condition of the Property as a result of any Visual inspection conducted pursuant to Section 3.1. In such event, within fifteen (15) business days after receipt of any such notification. Seller may either: (1) cancel the Escrow with respect to the Property by delivering written notice to Buyer and Escrow Holder; or (ii) give written notice to Buyer that Seller Intends to remove or abate the condition prior to Close of Escrow ("Abatement Option"). If Seller elects to exercise the Abatement Option. Seller shall do so at its own cost and expense prior to Close of Escrow, or after Close of Escrow pursuant to a separate written agreement with Buyer. Section 1.3 Right to Observe Inspections. Seller may be present and may observe any visual inspections conducted by Buyer or Buyer's consultants. Section 3.4 Repair of the Property. If Escrow is cancelled with respect to the Property, Buyer shall promptly repair any damage it has caused to the Property. Section 3.5 License for Buver.. Inspections. As consideration to Buyer, Seller hereby grants a non-exclusive license to Buyer to enable Buyer to conduct Buyer's due diligence activities as to its proposed use of the Property ("Buyer License"). The Buyer License shall include, but is not limited to, allowing Buyer to enter, cross over, on, along, through and across the Property to make its visual inspections. The Buyer L,icense is granted subject to any covenants, restrictions, reservations, rights -of -way and encumbrances of record. DIM '-fee11,11,Alse al"i sal.. in ARTICLE IV SELLER'S REPRESENTATIONS AND WARRANTIES .Section 4.1 Sn|kT is selling the Property in "As -is" condition. F�occnt as otherwise expressly provided in this Agreement, Seller hereby dimolainosall warranties ofany kind o,nature v/butm/cver, whether expressed or inop|kzJ, including but not limited towarranties with respect to either ofthe Property, or its condition or suitability for Buyer's intended use. ARTICLE V REPRESENTATIONS AND WARRANTIES Section 5.1 |naddition Nany other representations and warranties made byBuyer and Seller pursuant tothis Agreement, Buyer and Seller each warrants and represents tothe other that the following facts are true and correct as of the Effective Date of this Agreement, and the truth and accuracy of such representations and warranties shall constitute a condition to Close of Escrow. As used in this Agreement. the phrase "to Buyer's and Seller*s knowledge" shall be limited to the actual knowledge o[the signatories tnthis /\�r�cnocn�onbchu|[o[8uycrund�c||crondunyconstructive knowledge inopodcd tothcon as uresult o[any repurt, study orother documentation in Buyer's o, Sc|iur-spoascssion. (a) To Buyer's and Se|ler*aknowledgle,neither this Agreement, nor any action required hereunder. violates or shall violate ony coubuot agreement or instrument to which either Buyer or Seller is upurb'. Noother person uxcotiLY is required to consent to. uoknow/|cdAc, orexecute this Agreement in order to validate its execution by Buyer or Seller or to permit the consummation of the transactions contemplated herein. (b) To Buyer's and Seller's knowledge, Buyer and Seller each, subject to the provisions ofdhis Agreement. has the full right and authority (oenter into this Aareernent and consummate the transactions contemplated herein, and each person signing this Agreement on behalf of Buyer and Seller is authorized to do so. (c) ToBuvermund8eUcc`yknowledgc,czceptossetfbrdhindJisAgreonucot,dhcreisno existing state o[facts nrcircumstances, orany condition orevent, that Would preclude either Buyer or Seller frorn fulfilling their obligations under this Agreement. mmaa=1^"a"�'Ind mlcr=11'" 1mm ARTICLE VI INSURANCE AND INDEMNIFICATION Section 6.1 Indemnification by Buyer. Buyer shall indemnify, defend and hold harmless Seller from any loss of or damage to the Property, or injury or death of any person whomsoever, including attorneys' fees and costs, arising; from the activities caused in whole or in part by any intentional or negligent act of Buyer or Buyer's Agents, or by any act or omission of Buyer or Buyer's Agents in the exercise of rights pursuant to the Buyer License. ARTICLE VII DISPUTES AND DEFAULT. Section 7.1 Governing Law. This Agreement shall be governed by and construed in accordance with California law. Section 7.2 Interpretation of Agreement. The headings set forth in this Agreement are for purposes of reference only and shall not limit or define the meaning of the provisions contained herein. Section 7.3 Attornevs' Fees. In anv action between Buyer and Seller seeking enforcement or interpretation of any provision of this Agreement or in connection with the purchase of the Property. the prevailing Party in such action shall be awarded its reasonable costs and expenses. including. but not limited to. reasonable attorneys' fees, (including fees for use of in-house counsel by a Party) disbursements, and court costs, in addition to any damages, iniunctive, or other relicfawarded, and, without limitation. attorneys' fees, disbursements. and court costs, incurred in any post judgment proceedings to collect or enforce any Judgment. Section 7.4 Default. Time is of the essence in this Agreement, and if either Party defaults on its obligations hereunder, then the other Party ("Non -Defaulting Party") may initiate termination of' this ;-Agreement by notice in writing to the Defaulting Party and Escrow holder. Ifthe Defaulting Party has not fully cured the default Within thirty (30) days after receipt of'such written notice, the Non -Defaulting Party may instruct Escrow Molder to cancel the Escrow, and the Non -Defaulting Party shall thereupon be released from its obligations under this Agreement. If said Default is not cured within the foregoing thirty (30) day period, it is hereby mutually agreed that Escrow shall be immediately cancelled and the full deposit (less any escrow, title, or other applicable fees) shall be released to Seller and there will be no further liability from the Parties herein. I ARTICLE Vill MISCELLAN-E-OUS PROVISIONS Section 8.1 Entire Agreement and Amendment. This Agreement fully and completely expresses the entire agreement between the Parties hereto with respect to the subJect matter hereof Any onicndnocnttothis Agreement shall beinwriting and approved bythe City Council ofBuyer; provided, however, that an amendment tothis Agreement solely for the purpose of extending the Close of Escrow may be approved in writing by the City Manager of Buyer. Section 8.2 Waiver. The failure ofeitherParty atany dme torequire u performancehvthe other Party of any provision hereof shall not affect in any p/uy, the O/|l rigbt to require such performance o1any tinocthereafter. The vvuivcrofunybreach ofany provision n[this Agreement hv Buyer or 6o|}cr sbu|| not bodceoncd10 beuwaiver ofany preceding ocsubsequent hccuch of the sunucorany other provision o[this Agreement. Section 8.3 Representation bv Independent Counsel. Buyer and Sdkz ug,cc and acbmw|edocthat thevhave been represented byindependent legal counsel ofthcirmwnchoice throuohootall uego1iu1ionmpreceding the execution o[this A(grcemncut,and that they have cxecuted this A�reernent with the consent of, and Upon the advice of. their own legal counsel. Section 8.4 Not for Benefit ofThird Parties. This Agreement and every provision hcrco[ix for the exclusive benefit o[the Parties Nthis and not for the benefit ofanv third party. This shu|bcbiudin�upon the Pur�shereto and theirrespective heirs. Successors. representatives and assigns. Notices.Section 8.6 All ncticco,donundsand other communications given orrequired Lohc given pursuant 10this /\grrccruontshall beinwriting, duty addressed uaindicated below. and given by personal ddivery, registered or certified nuoi| (postage prepaid and return receipt requested), Federal Express or other reliable private express delivery, or by facsimile transmission (with original to fb||on/ via first-class \)I.8. Mail). Such notices, demands or other corn ruunioxtions ohui) be dconned received: <U ionrncdimic|y upon delivery if personally delivered or sent by bscairni|e transmission; or(ii) after three business days if given or sent by any other approved method specified above. Any Party specified below may, for purposes nfthis Agreement, change its name, address., facsimile number orperson to whom attention should be directed by giving notice in the manner specified iuthis Section. Notices. demands and oomnnunica1ionsshall bcdu|Yaddressed ay me^,="P.m;""�"and S�"urmlh"'" wmm 8 To Buyer: Attention: City Manager City of Redlands P.O. Box 3005 Redlands, CA 92373 (909)798-7510 To Escrow Company: Redlands Escrow 306 E. Citrus Ave. Redlands. CA 92373 (909) 793-2939 To Seller: Sani 1-1. Panhwar and Surriya Panhwar 4128 W. 163d Street Lawndale, CA 90260 (31.0) 350-781.6 Section 8.7 Severability. if any article, section, subsection, paragraph, sentence, clause or phrase contained in this Agreement shall become illegal, null or void or against public policy, for any reason, or shall be held by a court of competent jurisdiction to be illegal, null or void or against public policy, the remaining articles, sections, subsections, paragraphs, sentences. clauses or phrases contained in this Agreement shall not be affected thereby. Section 8.8 Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be an original but all of -which shall constitute one and the same instrument. Section 8.9 Entire Agreement. This Agreement rescinds and supersedes that specific Purchase and Sale Agreement and Escrow Instructions between the Parties dated November 20. 2007 and sets forth and contains the entire understanding and agreement of the Parties as to the matters contained herein, and there are no oral or written representations, understandings or ancillary covenants or agreements which are not contained or expressly referenced herein, and. no testimony or evidence of any such representations, understandings or covenants shall be admissible in any preceding of any kind or nature to interpret or determine the terms or conditions of this Agreement. IN WITNESS OF THE FOREGOING. the undersioned execute this Aoreement on behalf of BLIver and Seller. BUYER: CITY OF REDLANI S ( AOPI!f�: Date: January 15, 2008 /4411yor Jon Harrison ATTEST: L Po\zer -oc* -. A, . 7 cle k Cj�iy'T_�V SELLER: Sani 11. PanhNN,-- SUrriva Panhwar IMI Aglce Pluch,,�� MId Sifl� P,1�111121 I 10 f,S 1 On 1, in H Date: 21008 Date: 2008 Recording Requested By and When Recorded Mail to: GRANT DEED FOR VALUABLE CONSIDERATION= the receipt and sufficiency of which is hereby acknowledged, Sani H. Panhwar and Surriya Panhwar ("Grantor"), a municipal corporation organized and existing pursuant to California law, hereby grants to the City of Red lands("Grantee"), that certain real property located in the County of San Bernardino. State of California, and more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. IN yVITNI SS WHEREOF, this instrument is executed as of this _ day of 2008 bv: [PLEASE, NOTARIZE SIGNATURES] GRANTOR: By: By: Sani 1-1. Panhwar Surriya. Panhwar 1 OM =gee M'l SAO ,'a. 1h,",. STATE OF CALIFORNIA ) ss. COUNTY OF SAN BERNARDINO) On before me, personally appeared, personally known to me (or proved to me on the basis ofsatisfactory evidence) to be the person(s) whose names) is/are subscribed to the within instrument and acknowledged to rne that he"I'she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. wrl-MESS my hand and official seat. Signature of Notary Public 1-15-OX 12 Exhibit "A" L.,EGAL, DESCRIPTION (APN: 0168-571-72) Portion of the Southwest Quarter, Section 14, Township 1 south, Range 3 west, within Tract 9828, Lot 72 iJIM/Agree/Purchase and Sale Fenfrwar - 1-14-08 13 1, 10/os 1.(10 p.m- Recording Requested By and When Recorded Mail to: CITY CLERK CITY OF REDLANDS P.O. BOX 3005 REDLANDS CA 92373 FEES NOT REQUIRED PER GOVERNMENT CODE SECTION 6103 GRANT DEED FOR VALUABLE CONSIDERATION, the receipt and sufficiency of whalichcohere by acknowledged, Sani H. Panhwar and Surriya Panhwar ("Grantor"), a municipration o the City of Redlands("Grantee")� organized and existing pursuant to California law. hereby grants t I that certain real property located in the County of San Bernardino, Staheo in f Californiareferenced nmore particularly described in Exhibit "All attached hereto and incorporated byI IN WITNESS WHEREOF, this instrument is executed as of this �day of 2007 by: [PLEASE NOTARIZE SIGNATURES] GRANTOR: By: Sani H. Panhwar By: Sur�t*XlPanhwar DJ%f,AC,REE�11��'I'Spt:RCI-IASI & SALF- Panh�ar ! 11?707 9 50 ',Irn Il A v r STATE OF CALIFORNIA ) ss. COUNTY OF SAN4W4ef+M�D�) PIN"J"EQ'S"�E � C; t ':�, C) 0--4- On �Dj e before me, personally appeared, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and ackowlged to me that he/she/they executed the same in his/her/their authorized capacity(ies)nandetdha t by his/her/their signature(s) on the instrument the person(s)i or the entity upon behalf of which the person(s) acted, executed the instrument. ANUM SAHI PAN"HWAR Comm.# 1770254 rp NOTARY PUBLIC-CALIFORNIA V4 RIVERSIDE COUNTY My COMM. EXP. SEPT. 24, 2011 j-MI7�,—,S,pj,;kCFj�\Sj & SALE-Pxihwar Di %I�AG , R f L - It, 7 07 q 50 11TI WITNESS my hand and official seal. Signature of Notary Public —a 306 EAST CITRUS AVENUE - P.O. BOA4 REDLANDS, CALIFORNIA 92373 PHONE: (909) 793-2939 FAX: (909) 793-9718 February 26, 2008 CITY OF REDLANDS, INC. P. O. BOX 3005 REDLANDS, CA 92373 ATTN: TAMARA ALANIZ Escrow No.: 2093 1 -DS To assist us in completing this transaction, please attend to the items listed below and forward to us in the enclosed self-addressed envelope. PLEASE SIGN AND RETURN THE FOLLOWING: Amendment to Escrow Instructions (Legal Description) O CALFIRPTA DISCLOSURE Preliminary Title Report, for your approval PLEASE FILL INCOMPLETELY, SIGN AND RETURN THE FOLLOWING: Statement of Information Preliminary Change of Ownership Form Fire Insurance Information PLEASE SIGN EXACTLY AS YOUR NAME APPEARS BEFORE A NOTARY PUBLIC: Trust Deed PLEASE SEND TO US THE FOLLOWING: Fire Insurance of @ @. Checks to be made payable to REDLANDS ESCROW, INC.- Funds estimated as needed from you in the amount A CASHIER'S CHECK WILL EXPEDITE THE CLOSING OF THE ESCROW. (X) Estimate Closing Statement showing closing costs Very truly yours, REDLANDS ESCROW, INC. K DOROTHY SKELTON MANAGER 306 EAST CITRUS AVENUE - P.O. BOX 6 REDLANDS, CALIFORNIA 92373 PHONE: (909) 793-2939 FAX: (909) 793-9718 February 26, 2009 TO: REDLANDS ESCROW, INC. Escrow No.: 2093 t-DS Property Address: VACANT LAND I REDLANDS, CA ADDITION AND/OR AMENDMENT TO ESCROW INSTRUCTIONS dified, amended, and/or supplemented in the following particulars only: The, legal description is hereby mo LOT 72 OF TRACT 9828, IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, S) 46 TO 49, OF MApS� IN THE OFTY FICE OF THE COUN BOOK 158, PAGE( AS PER MAP RECORDED IN DRECORDER OF SAID COUNTY, AND AS AMENDED BY CERTIFICATE OF CORRECTION RECORDED MARCH t2, t987 AS INSTRUMENT NO. 87-080943, OFFICIAL RECORS' All other terms and conditions remain the same- HE/SHErFHEY HAS/HAVE READ THE FOREGOING EACH OF THE BELOW SIGNED STATES THAT INSTRUCTIONS AND UNDERSTANDS AND AGREES TO THEM. crry of, REDLANDS. INC. SAKI H. PANHWAR By: JON HARRISON, MAYOR By:— LORRIE POYZER, CITY CLERK SURRIYA PANHWAR Y' C I J R C- 0 rP 11, 306 EAST CITRUS AVENUE - P.O. BOX q REDLANDS, CALIFORNIA 92373 PHONE: (909) 793-2939 ;06-vv1nC. FAX: (909) 793-97`18 4 February 26, 2008 TO: REDLANDS ESCROW, INC. Escrow No.: 2093 1 -DS property Address-. VACANT LAND REDLANDS, CA ADDITION AND/OR AMENDMENT TO E The legal description is hereby modified, amended, and/or supplemented i LOT 72 OF TRACT 9S28, IN THE CITY OF REDLANDS, COUNTY AS PER MAP RECORDED IN BOOK 158, PAGE(S) 46 TO 48, RECORDER OF SAID COUNTY, AND AS AMENDED BY CERTIFI( 1987 AS INSTRUMENT NO. 87-080943, OFFICIAL RECORDS. All other terms and conditions remain the same. I-IE/SIIE/THEY HASIHAVE READ THE FOREGOING EACH OF THE BELOW SIGNED STATES THAT INSTRUCTIONS AND UNDERSTANDS AND AGREES TO THEM. CITY OF REDLANDS, INC. SANI H. PANHWAR Af By: -LIV JO HARRISON, MAYOR SURRIYA PANHWAR 0 POYZER, kolm" "-W I F, REDLANDS, CALIFORNIA 92373 14 PHONE: (909) 793-2939 GE91 C irOV P "I n c. FAX: (909) 793-9718 Estimated Buyer(s) Closing Statement Dated As of 2/27/2008 10:22:29 AM Closing Date: 4/30/2008 Escrow Statement of: Buyer(s): CITY OF REDLANDS, INC. Seller(s): SAKI H. PANHWAR, SURRIYA PANHWAR Property Address: VACANT LAND REDLANDS, CA Total Consideration Title Charges Owners For $37,375.00 Escrow Charges Escrow Fee Balance Due Escrow *Totals* CITY OF REDLANDS, INC. By:. JON HARRISON, MAYOR By: LORRIE POYZER, CITY CLERK Escrow No: 20931 - DS Escrow Officer: DOROTHY SKELTON DEBITS CREDITS From To $37,375.00 $500.00 $581.00 $38,456.00 $38,456.00 $38,456.00 EMZ= community Development Departme Planning Division I DATE: March 3, 2008 TO: Lorrie Poyzer, City Clerk FROM: Tamara Alaniz, Associate Planner SUBJECT: Panhwar Property Acquisition Escrow Instructions and Legal Description Amendment Signatures Lorrie, Redlands Escrow is processing the escrow for the Panhwar Property located ondocuments for the Santa Ana River Wash Bluff off of Riverview Drive. She has forwarded the attached signature and return by Mayor Harrison and yourself. Please review, sign if appropriate and return to Dorothy Skelton at the address contained herewith. Thank you. Attachments FOR RECORDER'S USE ONLY PRELIMINARY CHANGE OF OWNERSHIP REPORT DOCUMENT of the DOCUT NUMBER To be completed by transferee (buyer} prior to transfer of subject property in accordance with Section 480.03Revenue and Taxation Code. A Preliminary Change of ownership Report must be filed with each conveyance in the County Recorder's offrcc for the county where the property is located, this particular form may be used in ail 68 counties of California. THIS REPORT IS I H, PANHV4AR S E LL L E RT R AN S F E R 0 R.: �SA SURRIYA PANHWAR BUY ERjT-1 RANSFEREE: CITY OF REDLANDS, INC. ASSESSOR'S PARCEL NUMBER(S): 0168-571-72-0 PROPERTY ADDRESS OR LOCATION: VACANT LAND , REDLANDS, CA 0: Name CITY OF REDLANDS, INC. MAIL TAX INFORMATION T Address P.O. BOX 3005 REDLANDS, CA 92373 Phon your property on January I of each year for the. taxes owing in the A lien for property taxes applies to yo halt is due February NOTICE: I en't becomes delinquent on April following fiscal year, July I through June 30. One-half of these taxes is due November I and one 1. The first instalment becomes delinquent on igecember 10, and the second installm re November 1 to the owner Of record. If this transfer occurs after January I and on 1 o. one tax Millis mailed held may be responsible for the second installment of taxes due February 1. or before December 31, YOU RECORDING DATE The properly which you acquired may be subject to a supplemental assessment in an amount to be determined by the County Assessor supplemental roll obligation, please call the County Assessor. questions} P 1: TRANSFER INFORMATION (please answer all q For further information on your rce settlement, etc.)? YES NO 0 X A. Is this transfer solely between husband(For example, a name change upon and wife (addition of a spouse, death of a spouse, divo 0 JK B. is this transaction only a correction of the name(s) of the person(s) holding title to the property marriage)? Please explain reconvey a lender's interest in the property? ecurity interest 0 C. Is this document recorded to create, terminate, o purposes or to create, terminate, or reconvey a s 0 D, Is this transaction recorded only as a requirement for financing (e.g. cosigner)? Please explain Is this document recorded to substitute a trustee of a trust, mortgage, or other similar document? 0 E. he seller (transferor) remains as one of the joint tenants? ❑ F. Did this transfer result in the creation of a joint tenancy in which t joint tenancy (original transferor)? 0 G. Does this transfer return property to the person who created the K is this transfer of property: 0 feror 01 transferorother j's spouse? 0 1. to a revocable trust that may be revoked he transferor anor d is fthe btenantenefit , of the El trans names the 0 2. to a trust that may be revoked by the Creby tator/Grantor who is also a joint and which oint tenant(s) as beneficiaries when the Creator/Grantor dies? I for the benefit of the ❑0 Creator/Grantor and/or 0 Grantor's spouse'? 0 3. to an irrevocable trus property reverts to the Creator/Grantor within 12 years? 0 4. to an irrevocable trust from which the I 0 bd I. It this property is subject to a lease, is the remaining lease term 35 years or more including written options? hild(ren)? 0 or from grandparents} to grandchild(ren)? 0 ?L -J. is this a transfer between 0 parent(s) to C 0 *K. is this transaction to replace a principal residence by a person 55 years of age or older? Within the same county? 0 Yes 0 No who is severely disabled as defined by Revenue and Taxation Code 0 -L. is this transaction to replace a principal residence by a person Section 69.5? Within the same county.? 0 Yes 0 No partners currently registered with the California Secretary of State? 0 JL M. is this transfer solely between domestic rty tax reassessment exclusion, which may result in lower taxes on your property. *If you checked yes to J, K, or L, you may qualify fora property if you do not file a claim, your property will be reassessed. Please provide any other information that would help the Assessors to understand the nature of the transfer. he Revenue and Taxation Code for any If the conveying document constitutes an exclusion from a change in ownership as defined in section 62 of t reason other than those listed above, set forth the specific exclusions claimed: with "N/A' Sign and date at bottom of second page. Please answer all questions in each section. it a question does not applyindicate , PART 11- OTHER TRANSFER INFORMATION ----------- ------- I ------ k Date of transfer if other than recording date B. We of transfer (Please check appropriate box.) or Exchange [3 Merger, Stock, or Partnership Acquisition Purchase 0 Foreclosure [3 Gift 0 Trade 0 Contract of Sale - Date of Contract ❑Other. please explain: JJ Inheritance - Date of Death ❑ Termination of a Lease 0 Creation of Lease 0 Assignment of a Lease 0 Date lease began o original term, in years (including written options) [3 Remaining term in years (including written options) Remaining Term Monthly Payment transferred? [3-yes-�Nc C. Was only a partial iy—nsferecV? interest in the propert if yes, indicate the percentage transferred 5OF-9502-A (SAC} i REV, Bt,,0-05) ASSR-70,'Rev. 05i(36) 1VU 13Tall A I [)SETURN page I Of 2 0E)LEE I I 611Al'n l Please write Assessor's Parcel Number(s): question does not apply, indicate with "NIA- pleaseanswer, to the best of your knowledge, all applicable questions' sign and date. If a PARTIll:P0I:1it5i;%§ZE 11:110E AND TERMS OF SALE Amount A. CASH DOWN PAYMENT OR value of trade or exchange (excluding closing costs) (Prin. & Int, only) Amount B. FIRST DEED OF TRUST �g % interest for years. Pymts,'Mo$� 0 New loan 0 FHA Discount Points) 0 Fixed rate [3 Assumed existing loan balance 0 Variable rate 0 Conventional Wrapped) ❑0 Bank or savings & loan 0 VA Discount Points) 0 All inclusive D.T. E3 Finance company [3 Cal -Vet 0 Loan carried by seller Due Date Amount $. Balloon payment 0 Yes 0 No years. Pymts/MO.=$ (Prin. & Int. only) Amount $. C. SECOND DEED OF TRUST a __.% interest for 0 New loan 0 Bank or savings & loan 0 Fixed rate E3 Assumed existing loan balance 0 Loan carried by seller 0 Variable rate Due Date Amount $.. Balloon payment 0 Yes 0 No ed in (b) or (c) above? 0 Yes 0 No Amount $. D. OTHER FINANCING: is other financing involved not cover years. pymts./Mo.= $� (Prin. & Int. only) Type: @ % interest for _ C3 New loan —0 Fixed rate 0 Bank or savings& loan 0 Assumed existing loan balance 0 Loan carded by seller 0 Variable rate 0 yes 0 No Due Date Amount Balloon payment Outstanding Balance: Amount E. WAS AN IMPROVEMENT BOND ASSUMED BY THE BUYER? 13 Yes J( No F. TOTAL PURCHASE PRICE (or acquisition price, if traded or exchanged, include real estate commission if paid.) TOTAL ITEMS A THROUGH E $ rl G. PROPERTY PURCHASED [I Through a broker K Direct from seller 0 From a family member 0 Other (please explain): if purchased through a broker, provide broker's name and phone number: that would help the Assessor understand the purchase price Please explain any special terms, seller concessions, or financing and any other information and terms of sale. PART IV: PROPERTY INFORMATION A. TYPE OF PROPERTY TRANSFERRED: 0 Agricultural 0 Timeshare • Single-family residence 0 Co-op/Own-your-own 0 Manufactured home • Multiple -family residence (no, of units:—) 0 Condominium Xunimproved lot 0 Commerciali Industrial 0 Other (Description: i.e., timber, mineral, water rights, etc. RESIDENCE? n Yes No .—. B. IS THIS PROPERTY INTENDED AS YOUR PRINCIPAL R — or intended occupancy 20 If yes, enter date of occupancy 20(month) —(d—ay) (year) (month) (day) (year) etc.) (Deleted 171 Yes 0 No) C. IS PERSONAL PROPERTY INCLUDED IN PURCHASE PRICE? (i. e. furniture, farm equipment, machinery, (other than a manufactured home subject to local property tax)? 0 Yes � No if yes, enter the value of the personal property included in the purchase price $ ------ . (Attach itemized list of personal property.) D. IS A MANUFACTURED HOME INCLUDED IN PURCHASE PRICE? 0 Yes A No If yes, how much of the purchase price is allocated to the manufactured home? $ Is the manufactured home subject to local property tax? 0 Yes 0 No What is the decal number? E. DOES THE PROPERTY PRODUCE INCOME? 0 yes Kno If yes, is the income from: 0 LeaselRent 0 Contract 0 Mineral rights 0 Other (please explain}: F. WHAT WAS THE CONDITION OF PROPERTY AT THE TIME OF SALE? 0 Good X Average 0 Fair E3 Poor nd provide any other information (such as restrictions, etc.) that would assist the Assessor in Please explain the physical condition of the property a determining the value of the propertv: CERTIFICATION OWNERSHIP TYPE Proprietorship 0 1 certify that the foregoing is true, correct and complete to the best of my knowledge and belief. Partnership ❑0 This dec ion is s binding on each and every co-owner and/or partner. Corporation 0 Lorrie Poyzer, City Clerk Other 0 ATTEST TITLE NAME OF NEW OWNERiCORPORATE OFFICER Mayor Jon irison DATE SIG., ,IRE NEW OWNS RPORAT; E 0i:FFICER February 11, 2008 FEDERAL EMPLOYER ;D NUMBER NA; - F ENTiT Y (fyiped orprented; 95-6000766 litoic Redkands E-MAIL ADDRESS (optional) 1 DATE ADD REsS`typed orprnted) P. 0. Box 3005, Redlands, CA 92373-15 5 (NOTE: The Assessor may contact you for further information) to the recorder for recordation without the concurrent filing or a preliminary If a document evidencing a change of ownership is presentedmay charge an additional recording fee of twenty dollars ($20). change of ownership report, the recorder Pane 2 of 2 BOE-502-A (BACKI REV. 8(10-05) ASSR-70 'Rev. 05/06) - # 1 4400 0 January 29, 2008 CITY OF REDLANDS, INC. P. O. BOX 3005 REDLANDS, CA 92373 Escrow No.: 2093 1 -DS FEB 0 4 2008 306 EAST CITRUS AVENUE - P.O. BOX 6 REDLANDS, CALIFORNIA 92373 PHONE: (909) 793-2939 FAX: (909) 793-9718 To assist us in completing this transaction, please attend to the items listed below and forward to us in the enclosed self-addressed envelope. PLEASE SIGN AND RETURN THE FOLLOWING: (X) Escrow Instructions (X) CALFIRPTA DISCLOSURE (X) Preliminary Title Report, for your approval 0 PLEASE FILL IN COMPLETELY, SIGN AND RETURN THE FOLLOWING: Statement of Information (X) Preliminary Change of Ownership Form Fire Insurance Information PLEASE SIGN EXACTLY AS YOUR NAME APPEARS BEFORE A NOTARY PUBLIC: Trust Deed PLEASE SEND TO US THE FOLLOWING: Fire Insurance Funds estimated as needed from you in the amount of @ @. Checks to be made payable to REDLANDS ESCROW, INC.. A CASHIER'S CHECK WILL EXPEDITE THE CLOSING OF THE ESCROW. Very truly yours, L SCROW, INC. OROTHYSKELTON MANAGER " 0 PHONE: (909) 793-2939 FAX: (909) 793-9718 Escrow No.: 2093 I-DS January 29, 2008 (a) Tax Withholding: State of California: Under the California Revenue and Taxation Code, Sections 18805, and 26131, every Buyer of California real property must, unless an exemption applies, deduct and withhold from Seller's proceeds three and one-third percent (3 - 1/3%) of the gross sales price. The primary exemptions are: NO withholding is required if (a) Seller is a Partnership; (b) Seller has a Homeowners Property Tax Exemption for the transferred; (c) if the sales price of the property does not exceed $ 100,000-00 (d) Seller is a corporation which is a bank acting as a Trustee, other than as Trustee under a Deed of Trust (e) Seller is a corporation and the buyer is acquiring the property either under their foreclosure of a Deed of Trust or Mortgage or by a Deed in Lieu of Foreclosure; (f) Seller has provided the Buyer with a Withholding Certificate from the Franchise Tax Board that excuses withholding or (g) Buyer's and Escrow Holder's good faith reliance on the Seller's affidavit that the conditions requiring the withholding do not exist. Seller and Buyer agree to execute and deliver as directed, any instrument affidavit and statement, or to perform any act reasonably necessary to carry out the provisions of Revenue and Taxation Code Sections as set forth above. BUYER'S SIGNATURE: CITY OF REDLANDS, INC. By: JO RISON, MAYOR By:it LORR POYZER, C ERK SELLER'S SIGNATURE: SANI H. PANHWAR SURRIYA PANHWAR p1t) k S1,3 -TU'r N, FE ilN 306 EAST CITRUS AVENUE - P.O. BOX 6 "�` REDLANDS, CALIFORNIA 92373 ��1 SVio� PHONE: (909) 793-2939 Inc. FAX: (909) 793-9718 SALE ESCROW INSTRUCTIONS Escrow Oyer: DOROTHY SKELTON Escrow No.: 20931-DS Deposit Prior to close of Escrow $37,375.00 Total CashThru: $37,375.00 Tom: $37,375.00 Date: January 29, 2008 REDLANDS ESCROW, INC. IS LICENSED BY THE DEPARTMENT of CORPORATIONS, STATE OF CALIFORNIA, ESCROW LICENSE NO.9634M Buyer shall deliver to you any instruments and/or funds required from Buyer to enable you to comply with these instructions, all of which you are authorized to use and/or deliver on or before April 30, 2008, and when you are in a position to obtain a standard Policy of Title Insurance through COMMONWEALTH LAND TITLE CO., provided that said policy has a liability of at least the amount of the above total consideration, covering the following described property in the City of REDLANDS, County of SAN BERNARDINO, State of CA. PORTION OF THE SOUTHWEST QUARTER, SECTION 14, TOWNSHIP 1 SOUTH, RANGE 3 WEST, WITHIN TRACT 9829, LOT 72 AS PER MAP 158, PAGES 46 THROUGH 48, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Property Address: VACANT LAND, REDLANDS, CA (NOT VERIFIED BY ESCROW HOLDER) SHOWING TITLE VESTED IN: CITY OF REDLANDS, INC. FREE FROM ENCUMBRANCES EXCEPT: Second Half 2008 instailment(s) of the General and Special County, and city (if any) taxes, including any special district levies, payments which are included therein and collected therewith, for current fiscal year, not delinquent, including taxes for ensuing year, if any, a lien not yet due or payable. Covenants, conditions, restrictions, reservations, rights, rights of way, easements and exceptions of minerals, oil, gas, water, carbons and hydrocarbons on or under said land, now of record, and in deed to file, if any, affecting the use and occupancy of said property- 3. Assessments and bonds of record, if any, not delinquent. ADDITIONAL INSTRUCTIONS: 1. This is an ALL CASH transaction. 2. Buyer shall have thirty (30) business days from January 15, 2008 to complete its due diligence period, inspections and determination of feasibility. If Buyer fails to disapprove of the physical or environmental condition of Property prior to the end of the Due Diligence Period, or any extension thereto, Buyer shall notify the Sellers in writing of any disapproval at which time Sellers shall have fifteen (IS) days to notify Buyer whether conditions are to be remedied or if notification is to be delivered to escrow holder as to their intent and low escrow holder is to proceed with this escrow. 3. This escrow and the Buyer's and Sellers' obligations herein are contingent upon the Buyer's written approval to escrow of the items set forth in the Wthunnsry U& report on the property described hereim, within ten (10) businoss days of mailing/or by messenger thereof by Escrow Holder to Buyer at his/her address hereinafter set forth. If written approval of any matter is not delivered to Escrow Holder within the time specified above, then all such matters shall be deemed approved and this contingency satisfied. 4. Buyers acknowledge that the property is being purchased in its "AS TS" PRESENT CONDITION WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE. Buyers acknowledge for Buyers and Buyers successors, heirs and assigns, that Buyer has been given a reasonable opportunity to inspect and investigate property and all improvements thereon, either independently or through agents of Buyers choosing, and that in purchasing the property Buyers 'SIGN AND F&TIIRN SELLER(S) INITIALS i BUYER(S) INITI Page I of 3 Escrow No.: 20931-DS are not relying on Seller or its agents as to the condition of the property and/or any improvements thereon, including, but not necessarily limited to, electrical, plumbing, heating, sewage, roof, foundation, soils, and geology, lot size or suitability of the property and/or its improvements for particular purposes, or that appliances, if any, plumbing and/or utilities arc in working order, and/or that the improvements are structurally sound and/or in compliance with any city, county, state and/or federal statutes, codes or ordinances. The closing of this transaction shall constitute an acknowledgement by the Buyers that THE PREMISES WERE ACCEPTED WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND OR NATURE AND IN AN "AS IS" PRESENT CONDITION BASED SOLELY ON BUYER'S OWN INSPECTION. 5. Closing fees are as follows: Buyer agrees to pay for all charges in connection with the Owner's Title Policy fee, documentary transfer tax, if any, recording fees to record the Grant Deed and TOTAL escrow fee. 6. All parties herein agree that the Grant Deed for subject property being conveyed through this escrow has been prepared and executed outside of escrow. Subject Grant Deed shall be delivered to Escrow Agent for recordation through title, prior to close of escrow. 7. Buyer and Sellers agree to pay any overnight mailing charges, if required and/or requested, to facilitate the closing of this escrow. 8. All parties are herewith notified that the California Legislature passed Senate Bill 1550 amending Section 12389 and adding Sections 12413 and 12413.5 to the California Insurance Code providing, among its other provisions, that: (1) NO DISBURSEMENT OF ANY FUNDS may be made from the escrow account, when such funds are received in the form of a draft (whether in -state or out-of-state bank, until the draft has cleared the bank for payment thereof). (2) NO DISBURSEMENT OF ANY FUNDS may be made from the escrow account, when such funds are received in the form of a cashier's check(or any other item) drawn on an OUT-OF-STATE BANK, until such items) have cleared the account drawn against. IF THE BORROWER INTENDS TO CLOSE WITH FUNDS ON AN OUT-OF-STATE BANK, OR IF THEIR LOAN IS TO BE FUNDED BY A LENDER EITHER BY DRAFT OR BY OUT-OF-STATE CHECK, IT WILL NOT BE POSSIBLE TO DISBURSE THE ESCROW FUNDS UNTIL SUCH FUNDS ARE AVAILABLE IN THE ESCROW ACCOUNT HELD BY THE TITLE COMPANY SUB- ESCROW DEPARTMENT. Borrower(s) and Lender(s) acknowledge that no interest shall be paid to any party who deposits funds to close the within escrow. Ford=, Borrower(s) will be charged interest on loans, encumbrances and other obligations until paid by the title company. Borrower(s) and Lender(s) herewith agree to hold Escrow Holder harmless for any damages, interest, costs, fees or the like incurred by the Parties by reason of compliance with the provisions of Senate Bill 1550. 9. The Tax Reform Act of 1986, provides that REDLANDS ESCROW, INC. must report to the Internal Revenue Service certain information regarding all real estate transactions. This information includes, among other things, the Borrower's Social Security number and/or Tax Identification number and forwarding address and the gross sales price of the transaction. This is not a requirement generated by REDLANDS ESCROW, INC., but rather a mans of complying with the new tax law. This information must be provided to REDLANDS ESCROW, INC. upon the opening of escrow, and Escrow cannot close, nor can deeds or other documents be recorded until the information is provided and the Borrower certifies the accuracy of the information in writing. By execution of the Escrow Instructions, the Parties acknowledge receipt of this Notice. 10. Buyers are aware that as of recordation of the Grant Deed to this property in their favor, property taxes will accrue at approximately 1.3% of the purchase price, and Buyers will be billed by the Tax Assessors Office for additional amounts. Buyer to compete a Preliminary Change of Ownership Report through this escrow as required by the County Assessors Office. Buyer understands that failure to complete said report, in its entirety, may result in a penalty to Buyer. Any supplementary taxes owed by the Seller for the period of Seller's ownership shall be paid by the Seller. Supplementary taxes charged bye Buyer after the close of escrow shall be the sole responsibility of the Buyer. AS A MATTER OF RECORD ONLY, WITH WHICH ESCROW HOLDER IS NOT TO BE CONCERNED: (a) Possession shall be delivered to Buyer on close of escrow. (b) All permanently installed fixtures and fittings that are attached to the property or for which special openings have been trade are included in the purchase price, including electrical, light, plumbing, trees and shrubs. (c) Unless exempt, Transferor (Seller), shall comply with Civil Code 1102 et seq., by providing Transferee (Buyer) with a. Real Estate Transfer Disclosure Statement; A) —X— Buyer has received and road a Real Estate Transfer Disclosure Statement; OR B} Seller shall provide Buyer with a Real Estate Disclosure Statement within _5^ Calendar days of Seller's acceptance after which Buyer shall have (3) days after delivery to Buyer, in person, or five (5) days after delivery by deposit in the mail, to terminate this agreement by delivery of a written notice of termination to Seller. (d) Seller warrants, through the date possession is made available to Buyer, that the property and improvements, if any, shall be maintained in the same condition as upon the date of acceptance. (c) Seller warrants that the Seller has no knowledge of any notice of violations of City, County, State, FedcraL Building, Zoning, Fire, Health Codes or ordinances, or other governmental regulations filed or issued against the property. This warranty shall be effective until the date of close of escrow. t SELLER(S) INITIALS _ — — — BUYER'S) INITIAL 1 Page 2 of 3 ,z 7! I HkN Escrow No.: 20931-DS (f) State law requires that residences be equipped with an operable smoke detector, and water heaters be braced, strapped or anchored. Local law may have additional requirements. Seller shall deliver to Buyer a written statement of compliance in accordance with applicable state and local laws prior to close of escrow. (g) The parties hereto acknowledge that these escrow instructions are in addition to their Purchase and Sale Agreement and Escrow Instructions which does not supersede nor replace their "Agreement". These instructions are created merely to facilitate the closing process in compliance to their existing executed agreement between the parties. All parties understand there is no real estate agent involved in this transaction. Make the following prorations and adjustments as of NO PRORATIONS THROUGH ESCROW.. I/We will pay, on demand, regardless of the consummation of this escrow, all charges incurred by you for metuus, including fee for preparing instruments Uwe execute, recording charges and your customary buyer's escrow fee. THE FOREGOING INSTRUCTIONS AND THOSE "GENERAL INSTRUCTIONS" ATTACHED HERETO AND MADE A PART HEREOF ARE APPROVED AND ACCEPTED IN THEIR ENTIRETY AS FULLY SET OUT IN THIS PARAGRAPH. EACH OF THE UNDERSIGNED BUYER(S) HEREBY AUTHORIZE ESCROW AGENT TO FURNISH COPIES OF CLOSING STATEMENTS TO LENDER AND/OR BROKER INVOLVED. I/We have received a copy of these instructions. BUYER'S SIGNATURE: CITY OF REDLANDS, INC. MAILING ADDRESS: P. O. BOX 3005, REDLANDS, CA 92373 FORWARDING ADDRESS: P. O. BOX 3005, REDLANDS, CA 92373 I/We will hand you all instruments and money necessary of metus to enable you to comply therewith, including a deed to the property described, executed in favor of the vestees, which you are authorized to use and deliver when you hold in this escrow for my/our account the above sum, and any pro-rata adjustments and instruments deliverable to try under these instructions. From funds due me/us, pay at the close of escrow any encumbrances of record, plus accrued interest, charges and bonus if any, bonds, and/or assessments necessary to comply with same, and/or pay any delinquent monthly installment(s) on existing encumbrance(s) as disclosed by beneficiary statement(s), without my/au subsequent approval. Instruct the Title Company to begin search of title at once. Deduct and pay from proceeds due me/tm any expenses incurred in my/our behalf including charges for assurance of title, for sending in offset, or beneficiaries' statemetut(s) and/or dernurtd(s), Documentary Transfer Tax on Deed, filling in, acknowledging, and recording any documents) necessary on my/our part, including recording of purchase price encumbrance(s) and seller's escrow fee as charged. I/We have received a copy of these instructions. SELLER'S SIGNATURE: SANI H. PANHWAR SURRIYA PANHWAR MAILING ADDRESS: 4128 W. 163RD STREET, LAWNDALE, CA 90260 SELLER(S) INMALS BUYER'S) IN - - P- I, ; Page3of3 GENERAL INSTRUCTIONS If the conditions of this escrow have net been complied with prior to the date set out in paragraph 3, or any extension thereof, you are nevertheless to complete the escrow as soon as the conditions, except as to time, have been complied with, unless written demand shall have been made upon You not to Complete it. Unlessotherwise provided, make all adjustments on basis of 30-day month based on the latest available figures in case of taxes, assessments or bonds, principal, and interest on encumbrances of record based on statements by mortgages, beneficiaries or holder of notes for collection, interest on new encumbrances by endorsement on Notes, and rents on basis of statement presented into escrow by Seiler and approved by Buyer, and assume Seller will collect all rents due prior to close of escrow. Assume that insurance premiums are paid and transfer on behalf of parties hereto any fire insurance policies handed You. Forward such policies, upon close of escrow to agent with the request that insurer consent to such transfer or attach Loss, Payable or Mortgagee's Clause or other additions or corrections, and that Agent thereafter forward such policies to parties entitled theme. The expression "close of escrow", if written in these instructions, shall mean the date first instrument is filed of record. You shall in no event be liable for forgeries or false impersonations in connection with these instructions, instruments of record, or those handled in this escrow. You need to make payment to or for or deliver documents to any party only if in your exclusive judgement such may be made without you incurring any liability. If any controversy arises between the parties hereto, or with any third person, you "I not be required to determine the same or take any action but you may await the settlement of any such controversy by final appropriate legal proceedings or otherwise as you may require and/or rile a suite in interpleader and obtain an order from the court requiring the parties to interptead and litigate in court their several claims and rights among themselves, notwithstanding anything in them printed or typed instructions to the contrary. In the event such interpleader suite is brought, you shall ipso facto be fully released and discharged from all obligations to further perform any and all duties or obligations imposed upon you in this escrow and the parties jointly and severally agree to pay you all costs, expenses and attorney' s fees expended Of incurred by Yost. the amount thereof to be fixed and a judgement thereof to be rendered by the court in such suite. In either event, you shall not be liable for interest or damage. Whenever provision is made herein for the payment of any sums, the delivery of any instrument or the performance of any act "outside escrow" the escrow holder shall have no responsibility therefor and shall not be concerned therewith. You are to cause no examination or report to be made on s=, county or city taxes, either real or personal, or state corporation taxes for the year stated on page one prior the date first installment payments are due and payable, and you am to order no special tax report except as herein otherwise specifically instructed. You are to cause no examination Of the title to personal property described herein unless specifically instructed herein. All monies received in this escrow by you shall be deposited in a bank in an "Escrow Funds" account with other escrow funds, and all such monies; received in this and other escrows and deposited into the same "Escrow Funds" account shall constitute one General Escrow Fund. All disbursements shall be made to parties in interest, by your check, and checks and instruments will be mailed to one of the parties entitled thereto, if more than one, to address given. Instruct County Recorder to mail instruments in the same manner. In the event it may be necessary or proper to comply with the conditions and instructions of this escrow, you are authorized to cause to be deposited, during the pendency of this escrow, any funds or documents with any bank, savings and loan association, title company or another escrow agency licensed under the Escrow Act, to be credited to your account upon recordation of the instruments required to be recorded to complete this escrow�, said funds and documents shall be received by you, prior to recording. If the property involved in this escrow is included in escrow instructions with a bank, savings and loan association, title company or another escrow agency licensed under the Escrow Act, then you are authorized to make such arrangements with such bank, savings and loan association, title company, or licensed escrow agency, as to delivery to it of cash or instruments as will enable you to comply with the instructions in this escrow. Recordation of any instruments delivered through this escrow, if necessary or proper in the issuance of policies of title called for, is authorized, and in connection therewith, fundslor instruments received in this escrow may be delivered to or deposited into another escrow being handled by you or deposited with any title company, or other escrow agency licensed under the Escrow Act, for the purpose of complying with the term and conditions of these escrow instructions. The parties to these escrow instructions authorize you to destroy these instructions and all other instruments and records in this escrow at any time after 5 years from the date of these instructions. Order search of title. Deliver title policy to parties entitled thereto. Prepare documents for my signature, 1, as buyer and/or borrower, will pay on demand, regardless of the consummation of this escrow, all charges and costs incurred by you for me as buyer and/or borrower, including but not limited to fee for preparing instruments I shall execute, Of have executed, fee for recording documents, insurance endorsements, your escrow fee and all other expenses and costs as is in this escrow provided. 1, as seller and/or lender, will pay on demand, regardless of the consummation of this escrow, A charges incurred by you for me as seller, including but not limited to title change, fee for preparing instruments I should execute, your escrow fee, fee for obtaining beneficiaries' statements and demands, and insurance endorsements and all other expenses and costs as in this escrow provided. Each person signing these instruments authorizes you to deduct all their expenses from funds due them. The signing parties hereto jointly and severally agree to pay demand all attorney's fees, costs and damages suffered or incurred by you in case of any controversy or litigation, including but not limited to, a suit in interpleader brought by you, in connection with or arising out of this escrow, plus reasonable compensation for time and expense in preparing for and/or attending court and you are hereby given a lien upon all tights, titles and interest of each of the undersigned in all escrowed papers and other property or moneys deposited in this escrow, to protect your rights and to indemnify and reimburse you hereunder Whenever the context so requires, the masculine gender includes the feminine and neuter, the singular another includes the plural, and the plural number includes the singular. All parties so= dig as far as your rights and liabilities are involved, this transaction is an escrow and out any otbar legal relation and you are an escrow ba*r only op dw within exposidd teams, and YOU 111101111 hm 80 r0*00s"4 Of aftbifts any of the pulses to thl, gwow or sale, inhale, loan, exchange, or other vartiniedon involving any property herein described or of any profit realized by any Person, firm Or corporation (broker, agent and parties to this and/or any Other escrow included) in connection therewith, regardless of the fact that such transaction(s) may be handled by you in this escrow or in another escrow. These instructions may be executed in counterparts, each of which so executed shall. irrespective Of the date Of its execution and delivery, be deemed an original and said counterparts together " constitute One and the sum instrument. Any amended supplemenual or additional instructions given shall be subject to the forgoing conditions and instructions. SELLER(S) INITIALS_____,_— — BUYER(S) INt/,—�— A;,,,D FlrE rION Redlands Escrow 306 East Citrus Avenue Redlands, CA 92373 Attn: Dorothy Your Reference No: 20931-DS Property Address: Vacant Land, California Commonwealth Land Title Company 3480 Vine Street SuiLe1OO Riverside, CA 025O7 Phone: (951)774-0825 Our File No: 02139056 - 92 Title Officer: Richard Knowlton e-mail: rknow|tnnKV|andarn.com Phone: (951)774-0825 Fax: (951)782-0881 PRELIMINARY REPORT In response to the above referenced application for a policy of title insurance, Commonwealth Land Title Company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below ornot excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations o[said policy forms. The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said Policy or Policies are set forth in Exhibit B attached. The policy to be issued may contain an arbitration clause. When the Amount ofInsurance is less than that set forth in the arbitration clause all arbitrable matters shallbe arbitrated at the option ofeither the Company or the Insured as th` exclusive remedy of the parties. Limitations^ Limitations on Covered Risks applicable to the CLTA and �^ Homeowner�PoUciesofTideInsurance which establish Deductible 8nnountand a Maximum Dollar- ^` Limit of Liability for certain coverages are also set forth in Exhibit B. Copies of the Policy forms sh""'" ^ be read. They are available from the office which issued this report. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit 8 of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. Zt is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance Of policy of title insurance, a Binder ' or Commitment should berequested, I HAVE BEAD, UNDERSTAND, HEREBY APPROVE, AND HAVE RECEIVED A COPY OF THIS PK%LT&IN&RY TITLE RE ORT. Jo Harrison,R4ft �«ised CitY1_06) ot_Dedlau6s Lorrie Puyrer, Ci k(�3A Preliminary �----- Page 1 File No: 02139856 The form of policy of title insurance contemplated by this report is: ALTA Owners 2006 Policy (6-17-06) ALTA Loan 2006 Policy (6-17-06) The estate or interest in the land hereinafter described or referred to covered by this report is: A FEE Title to said estate or interest at the date hereof is vested in: Panhwar Sani H. Panhwar Surriya husband and wife as joint tenants The land referred to herein is situated in the County of San Bernardino, State of California, and is described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF EXHIBIT "Arl All that certain real property situated in the County of San Bernardino, State of California, described as follows: Lot 72 of Tract 9828, in the City of Redlands, County of San Bernardino' State of California, as per map recorded in Book 158, Page(s) 46 to 48, of Maps,in the Office of the County Recorder of said County, and as amended by Certificate of Correction Recorded March 12, 1987 as Instrument No. 87-080943, Official Records. The following exceptions will appear in policies when providing standard coverage as outlined 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests orclaims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, orclaims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpaten1ed mining claims; (b) reservations orexceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or are shown by the Public Records. Atthe date hereof Exceptions tocoverage in addition to the printed exceptions and exclusions in said policy form would be as follows: A. Property taxes including general and special taxes, personal property taxes if any, and any assessments collected with taxes, to be levied for the fiscal year2OO8 - 2009 which are a lien not yet payable. B. Property taxes, including general and special taxes, personal property taxes, if any, and any assessments collected with taxes, for the fiscal year 2007 - 2008. 1st Installment: $2A1.38(DeUnquent)This amount isvalid until December 18,after which penalties apply Penalty: $2g1.36Due with installment amount ifpaid after December 10 Znd Installment: $291.36 (Open) This amount is valid until April 10, after which penalties apply Penalty (including cost): $3y.14Due with installment amount ifpaid after April 10 Exemption: $0.00 Code Area: 005000 Assessment No.: 0168-571-72-0-000 C. Said property has been declared tax defaulted for non-payment of delinquent taxes for the fiscal year 2OO6-2O07(and subsequent years, ifany). Amount to Redeem: $715.66 Prior to: January 31,2O08 Amount to Redeem: $724.26 Prior to: February 2A,2O88 D. Supplemental or escaped assessments of property taxes if any, assessed pursuant to the Revenue and Taxation Code of the State of California. 1. Covenants, conditions and restrictions as set forth in the document Recorded: October 3, 1985 as Instrument No. 85-244012, of Official Records. This exception omits any covenant, condition or restriction based on race, color, religion, sex, handicap, familial status or national origin, unless and only to the extent that the covenant condition or restriction (a) is not in violation of state or federal law, (h) is exempt under 42 U.S.[. Section 3607 or relates to a handicap but does not discriminate against handicapped people. Said covenants conditions and restrictions provide that a violation thereof shall not defeat the EM Z An easement for the purpose shown below and rights incidental thereto as set forth in document Granted to: Southern California Edison Company, aCorporat|on Purpose: Public utilities Recorded: December4, 1986 as Instrument No. 86-367064, of Official Records. Affects: Said easement is described as follows: Various strips ofland 6.00 feet in width, king within all those lots bounded on one or more sides by roads or highways; a sideline of each of said strips shall in all oases be coincidental with the right ofway line ofsaid roads and highways. Also, various strips of land 4.00 feet in width, lying on each side of all side lot lines of said lots. Restrictions on the use, by the owners of said land, of the easement area as set out in the easement document shown above. 3. Title search discloses no open deeds of trust. Please confirm prior to dose of escrow. PLEASE REFER TO THE "NOTES AND REQUIREMENTS SECTION" WHICH FOLLOWS FOR INFORMATION NECESSARY TO COMPLETE THIS TRANSACTION REQNO. 1: The Company will require a statement ofinformation from the parties named below in order to complete this report, based on the effect of documents, proceedings, liens, decrees, or other matters which do not specifically describe said land, but which, if any do exist, may affect the title orimpose liens orencumbrances thereon. Parties Buyers/Sellers REDNO.2: This Company will require that a full copy of any unrecorded agreement, contract or lease be submitted to us, together with all supplements, assignments and amendments, before any policy oftitle insurance will be issued. NOTE NO. 1: The information on the attached plat is provided for your convenience as a guide to the general location of the subject property. The accuracy of this plat is not guaranteed, nor is it a part of any policy, report or guarantee to which it may be attached. NOTE NO. 2: California insurance code section 12413.1 regulates the disbursement of escrow and sub -escrow funds bytitle companies. The law requires that funds be deposited in the title company escrow account and available for withdrawal prior to disbursement. Funds deposited with the company bywire transfer may be disbursed upon receipt. Funds deposited with the company via cashier's check or teller's check drawn on a California based bank may be disbursed on the next business day after the day of deposit. If funds are deposited with the company by other methods, recording and/or disbursement may be delayed. All escrow and sub -escrow funds received by the company will be deposited with other escrow funds in one or more non -interest bearing escrow accounts of the company in a financial institution selected by the company. The company may receive certain direct or indirect benefits from the financial institution by reason of the deposit of such funds or the maintenance of such accounts with such financial institution, and the company shall have no obligation to account to the depositing party in any manner for the value of, or to pay to such party, any benefit received bythe company, Those benefits may include, without limitation, credits allowed bysuch financial institution on loans tothe company orits parent company and earnings on investments made with the proceeds ofsuch loans, accounting, reporting and other services and products of such financial institution. Such benefits shall be deemed additional compensation of the company for its services in connection with the escrow or sub -escrow. WIRING INSTRUCTIONS FOR THIS OFFICE ARE: Union Bank ofCalifornia 1980 Saturn Street Monterey Park, CA 91755 Phone: (8OQ)218-6466 AGA#122-O0O-496 Credit To: Commonwealth Land Tide Company - Inland Empire Account#Q1O01g4640 PLEASE INDICATE COMMONWEALTH LAND TITLE COMPANY ESCROW OR TITLE ORDER NUMBER NOTE NO. 3: The charges which the company will make for next day messenger services (i.e. Federal Express, UPS, DHL Airborne, Express mail, etc.)Are $15.00 per letter, standard overnight service, and $25.0Ofor larger size packages and/or priority delivery services. Such charges include the cost of such messenger service and the company's expenses for arranging such messenger service and its overhead and pruft. Special messenger services will be billed at the cost of such services. There will be no additional charge for pick-up or delivery of packages via the company's regularly scheduled messenger runs. NOTE NO. 4. The charge for a policy of title insurance, when issued through this title order, will NOTE NO. 5. THIS COMPANY REQUIRES CURRENT BENEFICIARY DEMANDS PRIOR TO CLOSING. If the demand is expired and a current demand cannot be obtained, our requirements will be as (a) If this Company accepts a verbal update on the demand, we may hold an amount equal to one monthly mortgage payment. This hold will be in addition tothe verbal hold the lender may have stipulated, (b) If this Company cannot obtain a verbal update on the demand, we will either pay off the expired demand, orwait for the amended demand, atour discretion. (c) All payoff figures are verified at closing. If the customer's last payment was made within 15 days of closing, our Payoff Department may hold one month's payment to insure check has cleared the bank (unless a copy of the cancelled check is provided, in which case there will be no hold). NOTE NO. 6: There are no conveyances affecting said land recorded within 24 months of the date ofthis report. Typist: 766 SM Exhibit B (Revised 11-17-06) CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien, or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any claim, which arises out of the transaction vesting in the insured the estate of interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. EXCEPTIONS FROM COVERAGE - SCHEDULE B, PART I This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: I. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records, CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (10/22/03) ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes ordinances, laws and regulations concerning: a. building b. zoning c. Land use d. improvements on the Land e. Land division f. environmental protection This Exclusion does not apply to violations or the enforcement of these matters if notice of the violation or enforcement appears in the Public Records at the Policy Date. This Exclusion does not limit the coverage described in Covered Risk 14, 15, 16, 17 or 24. File No: 02139056 z.The failure ofYour existing structures, nrany part ofthem, to beconstructed inaccordance with applicable building codes. This Exclusion does not apply to violations of building codes if notice of the violation appears in the Public Records at the Policy Date. 3.Txe right totake the Land bycondemning it, unless: a. a notice of exercising the right appears in the Public Records at the Policy Date; or b. the taking happened before the Policy Date and is binding on You if You bought the Land without Knowing of the taking. 4. Risks: a. that are created, allowed, oragreed tobyYou, whether urnot they appear inthe Public Records; ». that are Known to You at the pnncv Date, but not to us, unless they appear in the Public Records at the Policy Date; c. that result in no loss toYou; or d. that first occur after the Policy Date - this does not limit the coverage described in Covered Risk 7, 8.d, 22, 23, 24 or 25. 5.Failure mpay value for Your Title. 6. Lack of a right: a. tnany Land outside the area specifically described and referred tn|n paragraph 3 ofSchedule A; and b. in streets, alleys, qrwaterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 18. LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: ° For Covered Risk 14, 15' ze and 18' Your Deductible Amount and Our Maximum mdia, Limit ofLiability shown in Schedule A. The deductible amounts and maximum dollar limits shown on Schedule Aare as follows: Your Deductible Amoun Our Maximum Dollar Limit of Liability Covered Risk 14: z%o,Policy Amount nr$2,5oa $10/000 (whichever |sless) Covered Risk IS: 1vmorPolicy Amount nr$5,nuo $25,000 (whichever is less) Covered Risk za: zvmmfPolicy Amount or$s,000 $25,000 (whichever is less) Covered Risk 1a, z%vfPolicy Amount or$2,sma $5,000 (whichever isless) AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY (6-1-87) EXCLUSIONS In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys'fees, and expenses resulting from: z.Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning: ° land use " improvements nnthe land ° land division ° environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear mthe public records atPolicy Date. This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. a.The right ootake the land by condemning it, unless: • a notice of exercising the right appears in the public records on the Policy Date ° the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking a.Tide Risks: , that are created, allowed, o,agreed mbvyou " that are known to you, but not to vs, on the Policy Date — unless they appeared in the public records ^ that result innnloss myou ^ that first affect your title after the Policy Date — this does not limit the labor and material lien coverage in lu:m 8 of Covered Title Risks 4.Failure tnpay value for your title. 5.Lack ofa right: ° to any |mod outside the area specifically described and referred to in Item s ofSchedule x OR ° in streets, alleys, orwaterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks, The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss ordamage, costs, attorneys' fees o,expenses which arise by reason of: 1.(a)Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, o, character, dimensions orlocation ofany improvement now orhereafter erected nothe land; (m)aseparation inownership ur o change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) emxnmmoma| protection, or the effect o,any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof nra notice of defect, lien or encumbrance msv|unu from a violation or alleged v|o|ounn affecting the land has been recorded in the public records at Date of Policy. (b)Anv governmental police power not excluded by (a) above' except to the extent that u notice of the exercise thereof o, a notice of defect, lien or encumbrance resulting from m violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. I.mghts of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. ].oeheus, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b)not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed inwriting oothe Company by the insured claimant prior tothe date the insured claimant became an insured under this md|cv; (c) resulting in no loss or damage to the insured claimant; (d)uttaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services, labor or material ortothe extent insurance is afforded herein as to assessments for street improvements under construction o,completed etDate ovrn|icv)/or (c)nesu|ung in loss or damage which would not have been sustained if the myun,d claimant had paid value no, the insured mortgage. 4.unrnnnrceobUity of the lien of the insured mortgage because of the inability or failure of the insured at Date or pvUrv' o, the inability or failure ofany subsequent owner orthe indebtedness, to comply with uvv|/cnb|e doing business laws of the state in which the land issituated. 5. Invalidity or unanfuoeab|||tv of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor ormaterials over the lien of the insured mortgage) arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole o, in part by proceeds of the indebtedness secured by the insured mortgage which at Date ofPolicy the insured has advanced or is obligated to advance. 7. Any claim, which arises out of the transaction creating the interest vfthe mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, nrsimilar creditors' rights laws, that is based on: (i) the transaction creating the interest vfthe insured mortgagee being deemed o fraudulent conveyance nrfraudulent transfer; or (ii)txe subordination of the interest of the insured mortgagee as a result of the application of the doctrine or equitable subordination; or (in)the transaction creating the interest of the insured mortgagee being deemed u preferential transfer except where the preferential transfer results from the failure: (o)tutimely record the instrument ortransfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. The above policy form may be issued to afford either Standard Coverage o, Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage inaStandard Coverage policy will also include the following General exceptions: EXCEPTIONS FROM COVERAGE This policy does not insure against loss nrdamage (and the Company will not pay costs, attorneys' h,ey or expenses) which arise by reason of: z.Toxee or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes o, assessments on ,ca| property o,uvthe public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown bythe records nfsuch agency o,hvthe public records. a. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4.Discnapancies, conflicts in boundary lines, shortage in area, encroachments, or any other fags which a correct survey would disclose, and which are not shown by the public records. 5.(a} Unpauented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. 2006 ALTA LOAN POLICY (06_17-06) EXCLUSIONS FROM COVERAGE The nd|m°|ng matters are expressly excluded from the coverage of this pdicv, and the company will not pay loss o, damage, costs, attorneys' fees, o,expenses that arise bvreason of: z.(a)Any law, ovdinmno:, pann|t or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, orrelating to (i) the occupancy, use, orenjoyment ofthe Land; (|i) the character, dimensions, orlocation ofany improvement erected onthe Land; (xi) the subdivision ofland; o, (iv) environmental protection; ovthe effect cfany violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. File No: 02139856 (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 13, or 14); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing -business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth -in -lending law. 6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk 11(b). The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the Public Records. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10-17-92) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (ii)the transaction creating the estate or interest insured by this vuxcv bring deemed a preferential transfer except where the preferential transfer results from the failure: (a)totimely record the instrument ortransfer; vr (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. The above policy form may be issued to afford either Standard Coverage mExtended Coverage. In addition u,the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage Policy will also include the following General Exceptions: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1.Taxes or assessments which are not shown as existing liens by the ecun]s of any taxing authority that levies taxes or assessments on real property orbythe public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown bythe records ofsuch agency orbvthe public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land n,which may beasserted bypersons /npossession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4.Discncpancies' conflicts in boundary lines, shortage in area, encmachments, or any other facts which a correct survey would disclose, and which are not shown by the nub||r records. s.(a) unpatenued mining claims; (b) reservations o, exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims ortitle towater, whether "rnot the matters excepted under (n)'(b)o,(c)are shown bvthe public records. 2006 ALTA OWNER'S POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, orexpenses that arise uvreason of: z.(o)Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, orrelating to (|) the occupancy, use, nrenjoyment urthe Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (m) the subdivision of land; or (iv)environmental protection; or the effect of any violation of these laws, ordinances, or govcmonmo| regulations. This Exclusion z(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental ponce power. This Exclusion z(b) does not modify orlimit the coverage provided under Covered mske. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. s.ocfects, liens, encumbrances, adverse claims, nrother matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b)not Known to the Cnmnonv' not recorded in the poh|ic Records at note of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior tothe date the Insured Claimant became on Insured under this policy; (c) resulting in no loss ordamage to the Insured Claimant; (d)ottochinn or created subsequent to Date or Policy (xowcver, this does not modify or limit the coverage provided under Covered Risk 9and zO); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim, bvreason nfthe operation cf federal bankruptcy, state insolvency, u,similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a)a fraudulent conveyance orfraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Tide for real estate taxes o, assessments imposed by governmental authority and created o, attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown inSchedule x. The above policy form may be issued to afford either Standard Coverage orExtended Coverage. In addition to the above Exclusions from [overage, the Exceptions from [overage in Standard [overage policy will also include the following Exceptions from EXCEPTIONS FROM COVERAGE This policy does not insure against loss nrdamage (and the Company will not pay costs, attorneys' fees orexpenses) that arise by reason of: z.(o)Taxes orassessments that are not shown asexisting liens bythe records ofany taxing authority that levies taxes or assessments on real property o,bythe Public Records; (N proceedings by public agency that may result intaxes o, assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. z. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. «,Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey nf the Land and not shown bythe Public Records. S.{a} Unpaten,rd mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims ortitle towater, whether urnot the matters excepted under (a), (b) or Cc) are shown by the Public Records. ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY[10/13/01] EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys fees nrexpenses which arise uvreason of: but notlimited tobui|dingand zoning ordinances, »r z� (a) Any law, ordinance or governmental regulation (including enjoyment of the Land; (o) the regulations) restricting, 'cou|au»e pmhmm^u o, relating to (i) the occupancy, use, or improvement now or hereafter erected on the Land/ {m} a separation in ownership or character, dimensions or location of any m»m«� of which the Land is n, was a part; or (iv) environmental a change in the dimensions or areas of the us»d or any parcel � ' extent ,��cion or effect of any violation of these laws, ordinances or governmental regulations, cm'tthat ons' except to pm�- � e enforcement thereof or o notice of a defect, ||cn or encumbrance resulting from a violation or alleged violation notice of me Land harecorded in the Public Records at Date of Policy. This exclusion does not limit e coverage affecting m � provided under Covered Risks 12, 13, 14' and 16 of this po|icY' t t that e notice o� the exercise thereof or a (b)xny governmental police power not excluded by (a) above, except e a^cmn notice ofndefect, lien orencumbrance resulting from a»m|oalleged �h�m/v' =""'"'~^inn affecting the Land has been recorded innde,�ovenedRisksz2, 1�, 1�a»d the Public Records at Date of Policy. This exclusion does not limit the coverage provided u, z mu1aoftNsi��cy.nmam unless notice orthe exercise thereof has been recorded mthe Public neon otDate nfpo|�y' but not ts excluding ---'-ngnnmomc any tawngwhich has �zvnrdnnormDate ofPolicy =mch would oeoinomym.the rights ". ~p.....~~ for value without Knowledge. 3.oefects' liens, encumbrunces, adverse claims or other matters: (o)created, suffered, assumed o'agreed to by the Insured On|mn»t;uv� Known to the Insured Claimant »»U »�� (h)not Known to the Company, not recorded in the p«m/cRecords o �h date Date of Policy, Insured Ooimun�becamoun Insured under �isdisclosed inwnung,o,�ecomnanvuvtheznsued Claimant to or � e this policy; Cc) resulting In no loss mdamage tothe Insured Claimant; h does �txmu�ecovcr�e provided under Covered Risks (u)auachino or created subsequent to Date of Policy (this pan,grop zs, 18' 19'20'21' 22.23. 24.zsand a6); or ^ stained Insured if the Claimant had paid value for the Insured (e)nsu|uny in loss or damage which would not have been su � un M«�gaye./ty of lien of Insured Mortgage because of the inability or failure of the Insured at Date of p��v/zr�e � ^'''~'`-- urt� indebtedness, �o comply with applicable uomo ou^x,^s ."=, of the state ... inability or failure of any subsequent owner e ' � which c» the Land situated 5|itv of the lien of the Insured Mortgage, or claim thereof, which arises out of the transaction evidenced �"',�""'`' ~ ~'~^~'`--- by the Insured Mortgage and is based upon usury, except as provided in Covered Risk z7,orany consumer credit protection ". tmd` in |c»d|»g law. ssmcms of govcmmcmo| authority which lien become a �n on the Land subsequent to o� of Policy. 6�nco| property taxes ora�� provided under Covered Risks 7'8(e) and 26' 7. Any claim of invalidity, vne»f»»ceaox/cy or lack or priority of the lien of the Insured Mortgage as to advances or modificationsmade after the Insured has Knowledge that the « estce shown in Schedule x is no longer the owner of the estate or interest covered bvthis policy. This exclusion does not limit the coverage vmvid d c in Covered nisxa 8.Lack orpriority ofthe xxcnof'haz»s«rcdm»�gageantoeacxa»ue«eryt��xistenceorwmchnre�noadvance made after Date or Policy, and all interest nto�hcznsvr�� charged thereon, over ens,encumbrances and other mauecsanecnmut|c affecting c . �� at: (a)The time o'the ag»ance\»r�detnthe terms o'the Insured mo�gage=mm c»d`onges�hem,ofinte�stcho»grd'i[t»aete of Interest |sgne�erasa�sv the limit the coverage provided in Covered Risk S. P»mvn �»,uf to have been constructed before, on or after Date of Policy in 9.Txe failure of the residential structure, or any | ion does not apply to violations of building codes if notice of the violation awith applicable building codes. /sexcus appears |nthe Public Records atDate ofPolicy. Commonwealth Land Title Company 348OVine Street Suite1OO Riverside, CA 92507 Phone: (951)774-0825 File No: 02139856 Notice to Customers You may be eligible for a $20.00 reduction in your tide or escrow fees in this transaction charged by Commonwealth Land Title Insurance Company pursuant to the Final Judgments entered in People oftb. State of California v. LandAmerica Financial Group, Inc., et al., Sacramento Superior Court Case No. gJAS ""1^^'~'~ Taylor, et al. v. LandAmerica Financial Group, Inc., et al., Los Angeles Superior Court Case No. BC your title or escrow fees if you meet the followingI31g17. You are eligible for this $20.00 reduction in ry requirements: 1 You are a natural person or trust; 2 Your transaction involves the purchase, sale or refinancing of residential real property containing one - to -four -dwelling units; 3. You previously purchased title insurance or escrow services involving a transaction which dosed between May 19, 1995 and October 8, 2002 from one of the foflowing companies: LandAmericaFinancial Group, Inc. Commonwealth Land Title Insurance Company or Commonwealth Land Title Company Lawyers Title Insurance Corporation nrLawyers Title Company First American Title Insurance Company, First American Title Company, First American Title Guarantee Company Fidelity National Financial, Inc. Fidelity National Title Insurance Company Fidelity National Title Company Fidelity National Title Insurance Company ofCalifornia, Inc. Fidelity National Loan Portfolio Services T\corTitle Insurance Company Security Union Title Insurance Company Chicago Title Insurance Company Chicago Title Company Chicago Title and Trust Company Rocky Mountain Support Services, Inc. California Tracking Service, Inc. Title Accounting Services Corporation 4 You did not receive a $65.00 cash payment from LandAnnerica Financial Group, Inc. in the reconvayancefea claims process pursuant tothe Final Judgments entered in Sacramento People of the State o California v. LandAmerica Finangial Group, Inc., et al., Superior Court Case No. 92 AS , Los Angeles Superior Court Case No. BC 231917. If you meet the foregoing requirements and want the $20.00 fee reduction complete this form and return it to your Commonwealth Land Title Insurance Company escrow or title officer. NOTE: If you are eligible for the $20.00 fee reduction please complete and return this form. You must advise us of your eligibility prior to closing in order to receive the $20.00#ee reduction. 0411103M commonwealth Land Title Company 348OVine Street 5uite1OO Riverside, CA 92507 Phone: (951)774-0825 File No: 02139856 Notice to Customers by You may be eligible for a $20.00 reduction in your title or escrow fees in this transaction charged commonwealth Land Title Insurance Company pursuant to the Final Judgments entered in RgQW9--Q� State of Ca ifornia vLandAmerica Financial Group, Inc , et gl. . Sacramento Superior Court Case No. 92 AS 06111, and Taylo , et al. v, LandAmerica Financial Group,-Lu-r--�t al,, Los Angeles Superior Court Case No. BC 231917. You are eligible for this $20.00 reduction in your title or escrow fees if you meet the following requirements: one-1. You are a natural person or trust; sale or refinancing of residential real property containing to-four-dwellingunits escrow services involving a transaction which closed3. You previously purchased tide insurance or �OO2�omoneofthefo||ow\ngcur«Pan\es: between May 19, 1995an LendAmericaFinancial Group, Inc. Commonwealth Land Title Insurance Company or commonwealth Land Title Company Title Company Lawyers Title Insurance Corporation or Lawyers American Connpany First American Title Guarantee First American Tide Insurance Company, First 8mer , Company Fidelity National Financial, Inc. Fidelity National Title Insurance Company Fidelity National Title Company of Inc.Fidelity National TideInsurance [onnpanyo Fidelity National Loan Portfolio Services TicorTitle Insurance Company Security Union Title Insurance Company Chicago Title Insurance Company Chicago Title Company Chicago Title and Trust Company Rocky Mountain Support Services, Inc, California Tracking Service, Inc. Title Accounting Services Corporation i Financial Group in the 4 You did not receive a $65.00 cash payment from LandAnnercatered in , Inc.� ' �nce fee claims process pursuant to the Final Judgments enu inr f the State of r�cnnvey Sacramento Super �v«/� ^��= '^~' ~- �- -a Financial _Inc.,LosAnge\esSuperiorCourtCase '^~' ~- 231917. d turn it to Ifyounn��t�heforego\n�requirernentsandwantthe$2OJJOfeereduct�ncnn�p|etet�sformanou �re��0�� K�� s�� K� ��sw��e ��mm��my escnuvv v. title officer. .'- as ��_ �� ms m� �� your Comm��onnwea�m�� V�� mm�� nd return this form. You must � for the $20'0o fee rek�� e �e�w«��^ eligibility prior toclosing in order to receive ~ Name: co zi i 1 41, cc i , lot 0 X z CO 10 w zt 01 9 as on a C: C=j 01 to 0 0 I to Wsot to to, to 4015 It Z Cot 05 @ �) (Dv 31 1 9i I Ll Oz iz 39 Ll I 9z sz vz 5 z lZ z . 1 c lot to co 109 A to lot 19 .. . .. ..... - WN 00 o; t0i OE rg, log 6z Os is zT WIN t sz aria 9 1 of Rs it 6 f- 61 1 i 1) S Si 9 C-4 0 00 577 --- I 77;-'s ,,�z to 'L 9S 9S 11'el 0 16 ge." ©r 0 tt to to 93,96* z tWl" I WS DATE OPENED: � �/� �% ORDER NUMBER. Schedule "B" Docs N, 0, "'; P, C 0 7 ,1,, rM,�rMH11sM trrMlrrtwtj Arr ,tr•�,'r4,Mkrl,r J:.Mr,v+rA. A.Mw« t•tiwiYr»r Wrrrfl rr*�r000011 AI frw .enorIII „r0o.ofm 1. auf",+..tr AAiw„ rl"'00WII 0I PWj0*MtlfG Woo 1' 14 W10 /No YIAI pl, 14WItglollA 114 A anAa'r lrtr 9ARKMK0#•r 1t.«W0alirfnf I I I KECU*tIjLb IN If -4 iM 1- fl r i ' PIAr;af ANI 104t0 l.1009 ►l>n ALy*x0gM'lo 4:lT.Irr I arAlrwts I a+hl IY�s 4 1!K! `wrl InS I •�`fr Y%►iI Ir*'�J;,"aA~,rw. i�9Fr•;,f. i �I�4 B6 /�elriMMr I 41A Mf fi0, a tMrU ,rfpttlaf INN (M,ratpatter refrrrM Id ♦s 'ir,rntor'1, i +wgrais W OtWWW !J4lgl dtA tg$a1 #40WAW, a rrrfptrratlwn, It• swERsenors.and assigns (wniftow re erred to as praAlwe•f, AN aaomma"l AfA f loot no way la ffrf4truct, vse, maintain aperata, altar, add to. ►+Mir• electrical supPiY 1«yiMr, ►woasltrwl ttgpw,l AW r~0 at a" floc and Irom tiw to Mr underground _ syslrAw etwl 1fa111whi1aliMr ayfireN (IN,teiMltor referred w�la andtincludinpo 4ya0ow-groundco, enciZIsistiX �est'ters irrwlrrtPrr1. 0 Will, , taA1Rs, rails, taetttwfra t t necessary or useful for distributerq rM rarrrrlr s anA wl{rr wa�1rt++wuriwnAIn f11s urea and electrical Pwrn rY td alrr111ra1 whwrtgy Owes ffa ""weltlifp he County of by alallomard aeons, to f over, under, across a almlg 111 401, n real W,4wrly in the Cfwnty of !an Mrnard{rto, State of Gitfornia, described as tO loaI All slrfwis, hl0iwye And pvblIc places, and within 6 feet of all front tot lines, also within 4 feet 9 ..F all 4140 Irrt iln«s, as ►hnun on tract Map W. 9129 on file in Book 158, pages 46 through 48 of Mops, 1n the IKfil a of the olw Or'dar of sold Cnenty. t the twantow aAyyrfws Far Itself, Ih suvicessars and as"lins not to erect, plan or aeinUirt, nor to (rrlAil ohm w«111trh, piarffwrnt or enAintrnahre of any building, planter boxes. The Grantee. h fill to tits olrurlurrs «A/rpl we 1* And f►hras over the /ar111Eies installed hereueder. u„rtr�rllas, ,fgrnte end fwpttlyws, shall have the right to Woo Or tut tree roots as thePAY ertdlinger or Inirrt«re with sold sysiwAs And shall have free access to told system and every part tMfvofl� ail w Ittrrs, ►r,► The pwrpase nt rArrflstroq the rights herein gronted; pravIded, however, that In «r,avAltf,n uM said prripr.rly 0( thv Ar'antor, the arontw shell k01C Ute sale in such a dace as will iausr the IeAs1 1n,)vey la the surface of the ground around such exgwtion, and shall replace the earth •rr roosv«d try It and r.stera the ♦wrtAr.« Of the ground la •s Mer the saaw condition as it was prior to It Bar h «n oval nn a. N {KAr 1►rAhta. %(]I r �� txtculto this • + day of 4/ q_ Fri STI formerly � 1 lifornia corixwati- s j Iv if l By w r'es de6F,i^ � O By: 11i ( ary o III----- GF"I OR STATE Of CALIFORNIA I CotalTY 01- ",yzdwa i 55. On N8✓6�M yU before Ate. a Notary knqPublic in and for said Sete, persona y appea personally knuxilr to me (or u!d to tufe an the basis of satisfac ory tvu o Tts) L'JI" personally known to r1e for proved to me a+-i rFe basis of Batts ac ory ev cote o re ary, of person, INC., the corporation that executed the within instrument, and personally known sat (or Mead to me an the basis of satisfactory evidence) to be the Persons oration, executed theexected thenSam Pursuant n instrument o behalf of said corporation, and acknowledged to see that such corpo its by-1 a resolution of its board of directors. ill S may and off' i OFFICIAL SEAL V MONA OLIVA$ wo'rAW rUBIK • CALWOAilIA � r �'!•.� 't re, IV^,Clr� f7'llTy }•i^' t'r t<mm, Wh'e! OCT 21, lilt .,1 .I ,• YIJ ♦l.. , Description: San Bemardino,CA Document-Year.DociD 1986.367064 Page: 1 of is order 2139856 Comment: NOTICE (This notice is required by California Government Code Section 12956.1.) If this. document contains any restriction based on ace, color, lability, sex, sexual orientation, familial status, marital, di Section national origin, source of income as defined in subdivision (p) of 12955, or ancestry, that restriction violates state and fedo al fair Section housing laws and is void, and may La Lawful melt restrioved ctions pursuant under state and 12956.2 of the Government Code. federal law on the age of occupants in senior housingbased on familial older persons shall not be construed is restriction status. 44 J bce�►s� Cast Title cow"PaTly RECORDED IN CMAL RECORDS ' WE{@I i fD AIL Tdt MFIEMwr�3 tw� Al 8.ALWFrie*nao Homes Inc. 4455 Howland AvenueEl Monte, California 91731 � beewatim Of CWMnW*A . itions 8i-MO12 G atd la strictiom for Tcaet 9828 t affecting Lots 1 to 72 inclusive, Tract This Declaration made by the undersigned, of San Bernardino, State of 9828, situated in the City of Redlands, County es 46 through 46, inclusive, of California, as per map recorded in Book 158, County, state of maps , in the office of the recorder of San Bernardino California. i Witnessetk►: � ration, the owner of all of said VaIERFAS FriedMan Homes Inc., a California referred to as Declarant. TractgR26r said parties hereinafter being i and for the use arld purposes heRii� r in consideration of the Pry Declare that all conveyances of herein set forth, the above Declarant do here#ny real property, shall be reds Lots, or Parcels omprised in the above descr aloes, restrictions and and accepted upon the following conditions. P their heirs, epvenarits which shall apply to and bind the Parties therefor owners successors and asigr►s, and are des for the mutual the fit (being Ot lots above described, such conditions covenants arxi follows, to wit: (1) No lot shall be used except for residential PurP�es. No building shall be i -r than tx- erected, altered, placed or permitted to regain and any lot stories in height detached single-family dwelling not to exceed f� rovided that tots Owned by and a private garage for not more than three cars p king areas and Declarant may be used as models. sales offices, tes{x�rary par remodel. alter or otherwise change orr erectany cotraction offices, and may an provision of the structure for such purposes Without consent. y di not withstanng- the`cantrary i or activity shall be i (2) No noxiousor y lotithin said Tract9828, industry truck or connercial carried an uPor► ken] on any premises not fully enclosed by a permanent vehicle may be stored or p maintained or permitted to be upon building. There shall not be stored. kept. a rent buildia<) any bioken any portion of said lots, not fully enclosed by Pe � down machinery or metal material designated as "7u "• N5 building shall be erected► placed or altered on any lot until the (31 lam mid specifications and a plat showing the location of the construction P approved by the Architectural Comncitteo as to quality of work structure have been PP structures and as to and materials, harmony of exterior design with existing !b fence or to topography and finish grade elevations -street than the locations with respect laced or altered on any lot near to any provided wall shall be erected, p approved- Approval stall be as p minima set back line unless similarly PP in Paragraph '6`. one(4y y open Rlie ground floor area of the main structure, are feet.ofti, buildiing shall porches and garages, shall be not less than 800 squ be bet back line shown on the recorded Plat. In any located any lot near to the front lot line or nearer to the Vide street line than the a•.inimum building lot nearer than 20 feet to nt event no building small be located on side street line. No building shall lot line or nearer than 10 feet to any that no side yard located nearer than 5 a g gato rage n interior lot or other Permitted line',erry builexcePding located 40 shall be re* for a 9 bad line. No dwelling shall be located on any � f� or Uore from the minumm For the purpose of this interior lot nearer than 11Q�t�r�� shall rear inot ot lbe considered as a part of a cove3nant, eaves, steps andopenen Porches or placed on any building site allhavan, a building. No swelling building set back line nor shall any width of less than 60 feet at the mininum building site having an area of less than dwelling be erected or pieced ore character, trailer, basefent, 7,000 Square feet. No structure of a tildinga empora cn' dell be used on any lot at any tent, shack, garage, barn or other arily or Permanently. me tias a residence, either tempo Description: San Bernardino, CA Document-Year.DoCID 1985.244012 Page 1 of 3 order. 2139856 Comment: s 85--244012 PagV TWO {5) E&semwts for installation and maintenance of utili item these and snag teats, rya facilities are reserved as shown on the recorded map. structures, planto�ir r otherrfere materialh the shall nsta3 a placed and maintenance of uor permitted to t Iit;es, Which may adamage or which may change the direction or flow of drainage channels in the easerrsrts or which may obstruct or retard the flow of water through drainage channels if! the easements. The easement exceptot and lfor those improve tints for s in it shall � maintained continuously by responsible. which a public authority or utility company is (6) An Architectural Committee is hereby created and the members thereof are: ' Paul Friedman, 4455 Faowland Avenue El Monte, California 91731 Alan munan, 4455 rowland Avenue El Monte, California 91731 Trisha De Angelis, 4455 Rowland Avenue El Monte, California 91731 In the event of the death or resignation of any member of said committee, the i remaining member or members shall have full authority to approve or disapprove the plans and specifications, design and location. or to designate a representative or representatives with like authority. In the event said committe or designated representative fails to approve or disapprove such location within 30 days after the plans and specifications have been submitted to it, or in any event if no suit to enjoin the election or erection of such 60 days, buildings or the making of such alterations, has been cozmren ti such approval may not then be required, and this provision wiill be deemed e cto be its designated representative shall be entitled to compere es performed pursuant to this covenant. The powers and duties of such committee or its designated representatives shall cease on or after 1st day of January, 1985. Thereafter the approval described in this covenant shall not be required unless n, date, and effective thereon, a written instrument be them executed prior to said and duly recorded by the then record owners of a majority of the lots in said tract, appointing a representative, or representatives, who shall therafter exercise the same powers as exercised by the said committee- (7) w fence or hedge height in the front set back areas shall be more than 3 feet on any lot in said tract. i (8) No oil drilling, oil developeamt operations, oil refining, quarry or mining operations of any kind shall be permitted upon or in any lot, nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon or in any lot. No derrick or other structures designed for use in boring for oil or ed, maintained, or permitted upon any lot. natural gars shall be erect (9) That each grantee of a lot in said tract agrees for himself, his heirs, sof assigns or successors in interest that orlll drainagetfree access ways located oonn his property adjacent or adjoining lots to slopes or adjoining lots, when such access is essential is which affect said adjacent � essential for the maintenance of permanent stabilization on said slopes, or maintenance of the drainage facilities for the protection and use of property, of drainage way is located. other than the lot on which the slope (14) That each grantee of a lot in said tract agrees for himand his assignsself: therm over that he will not in any way interfere with the established drainage pa his lot from adjacent lots in said tract, or that he will make adequate provisions for the proper drainage in the event it is necessary to change the purposes hereof, "Established" established drainage over his lot. For the rs drainage is defined as the drainage which occur s ofaeachelotmintsaid tract, was c grading of said tract, including the landscaping Y, oompleted by the undersigned grantor. (11) These covenants are to run with fire land and shal�� 31 whichbe ntimc said on all parties and ail persons claiTdM under then until January ' t covenants shall insofar as such procedure shall be then lawful, be automatically - extended for successive periods of 10 years, unless by a vote of the majority of agreement be recorded to change the said the then recorded owners of the lots an covenants in whale or in part. hem or ll (12) if the parts thereto, uiolaterany a off the covenants rherein, heirs a ashalll�behlaawful for violate or attempt anyreal property situated in said any other person or persons o�arang `x Description: San Bemardino,CA Document-Year.DoclD 1985.244012 Page: 2 of 3 {order: 2139856 Comment: page Three i 1 85--244012 I 1 I development or subdivision to prosecute any Pro ceedirto at law or in equity 1 against the person or persona violating or attempting to violate anysuch covenant and either to prevent his or theta from doing so or to recover dank:-7as or other dues for such v1015tim- (13) Im2alidatiln of any one of these covenants tl' judgert t or court order shall in no wise affect any of the other provisions which shall retrain in full force and effect. covenants or conditions ppq�tlbEn ALSO, that a breach of any of the foregoing or deed of trust made shall not defeat or render invalid the lien of any mortgage oreofr but said in good faith and for value as to said realty or any pac oovenants or conditions shall be binding upon and effective aigains any subsequent owner of said property or realty. has caused their nares to be affixed hereto I I k FRIEa" INC. I 1 i I pauV4jednian, Pres iciest IN 6TI' W-W WEff#2 W, said Declarant this 14th day of Auqus . STATE OF CALIFORNIA )SSS. COUNTY OF ---. .Lott-A1tg919-4__ _. j On Augus[ 14, I965• __.before me. the undersigned, a Notary public in and for said County and State.partionany appeared Paul Fr p man -. knower*lo me (or proved to ire on the tw949 of satisfactory evutencel to be the _ President, and __.• known to Me ed to ms on the beefs of satisfary ctoevidence) to be (or prov _ _- --'-at- Secretary of the corporation that executed the within instrument, known to ma to be the per• sons who executed the within Instrument on behatf of the Corporation therein named, and OCknowledfied to me that such cwppratibn ex ui the within instrume, a to Its by- laws or a resofu its bosrr#.ot dir'aCt sWnaturo ---/�- ._ - V. Mona olivas f wrc e63 YOVM" SEAL OR STAMP ©FFiC1AL SEAL V µ}NA OtIVAS V NOTARYPUBtiC-CALtFORr1W ( 'F= IOS MY"uCICS GOt1Yry t `y'_ ' A'r COCT 21, 19" Description: San Bernardino, CA Document- Year DoclD 1985.244012 Page: 3 of 3 order. 2139856 Comment: