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HomeMy WebLinkAboutContracts & Agreements_56-20259090 Milliken Ave, Suite 100 Rancho Cucamonga, CA 91730 Phone: 909-941-64941 Fax: 909-466-5076 ESCROW HOLDER ACCEPTANCE LETTER -A Escrow No.: FBSC2402604-PF Property: Vacant Land, Redlands, CA 92373 This letter is to confirm that an escrow has been opened with Chicago Title Company under the above referenced order number, for the sale of property known as: Vacant Land, Redlands, CA 92373 ACKNOWLEDGMENT: All parties (Sellers and Buyers) have acknowledged receipt of Escrow Holder's executed Acceptance and that all agreements, counter offers and any addendums have been deposited with Escrow Holder and that there are no other outstanding agreements, counter offers and/or addendums which effect the closing of this transaction . Chicago Title Company is relieved of any and all responsibility/liability and will be held harmless as it relates to said documents not deposited to escrow. DATE OF ACCEPTANCE: Parties agree that the acceptance date is deemed to be November 19, 2024. CLOSE OF ESCROW: The close of escrow is deemed to be April 18, 2025. CONFIRMATION OF PURCHASE PRICE: The Purchase Price is Fifty -Five Thousand And No/100 Dollars ($55,000.00). ESCROW HOLDER'S GENERAL PROVISIONS: Enclosed is a copy of Escrow Holder's General Provisions. The terms and conditions of these provisions are deemed to be part of the Agreement. APPROVAL OF LEGAL DESCRIPTION FOR SUBJECT PROPERTY: Seller(s) signature(s) on the conveying Grant Deed, and Buyer(s) approval of the Preliminary Report, shall be deemed as each party's approval of the legal description contained therein as the exact description for the subject property of this escrow and Escrow Holder may rely upon such approval in processing this transaction. BUYER'S CHARGES: Escrow Holder is instructed to debit the Buyer's account and pay Buyer's usual costs and charges, including, but not limited to: Buyer's portion of the escrow fee, document preparation and recording fees. SELLER'S CHARGES: Escrow Holder is instructed to debit the Seller's account and pay the Seller's usual costs and charges, including, but not limited to: Seller's portion of the escrow fee, Owner's Policy of Title Insurance premium, document preparation, documentary transfer tax and recording fee for reconveyance (if any). PROPERTY EXCHANGE: Buyer and Seller are in agreement that this transaction is part of a property exchange between both parties as per the Real Property Exchange Agreement and Joint Escrow Instructions between Property One, LLC and City of Redlands, effective November 19, 2024. NO TAX PRORATIONS: There shall be no tax prorations done through this transaction as Seller is exempt. Escrow Acceptance Letter- SoCal SCA0002954.doc / Updated: 08.28.24 Page 1 CA--FBSC-02180.050100-FBSC2402604 ESCROW HOLDER ACCEPTANCE LETTER (continued) STATEMENTS AND/OR CLARIFICATIONS: THIS ACCEPTANCE LETTER IS NOT MEANT TO MODIFY THE ORIGINAL AGREEMENT BETWEEN THE PARTIES, BUT IS TO CLARIFY THE DUTIES AND RESPONSIBILITIES AS TO THE ESCROW HOLDER IN THIS TRANSACTION. IN THE EVENT ANY OF THE FOREGOING STATEMENTS/INFORMATION DO NOT REPRESENT WHAT YOU HAVE AGREED TO, PLEASE CONTACT YOUR REAL ESTATE AGENT AND ESCROW HOLDER IMMEDIATELY. Thank you for choosing Chicago Title Company. If you find that we may answer any questions or be of assistance to you in any way, please do not hesitate to contact the undersigned. Sincerely, o-6 Pamela Fry Escrow Officer Pam.Fry@ctt.com Escrow Acceptance Letter - SoCal SCA0002954.doc / Updated: 08.28.24 Page 2 CA--FBSC-021 B0.050100-FBSC2402604 CHICA G O TITLE GENERAL INSTRUCTIONS 1. Notary Guidelines: The undersigned parties are herein made aware that Chicago Title Company requires ALL notarized documents, including but not limited to: borrower's/buyer loan documents, seller Grant Deed, and Conveyance Deed, etc., be notarized in the presence of an employee of Chicago Title Company and/or its affiliated underwriters, by a Bancsery Notary (outside signing company), under the supervision of an attorney actively licensed in the state where the signing occurs or signed with a Corporate approved notary. Please NOTE there are NO EXCEPTIONS to these guidelines. Documents notarized outside of escrow without following this procedure will cause a delay in the closing of this transaction. The Buyer can, however, sign with an employee of the direct funding lender provided the Notary is an employee of the direct funding lender and proof of same is given to the Escrow Holder. It is strongly recommended and in the best interest of all parties that arrangements for the notary services you wish to use (FOLLOWING THE SPECIFIC GUIDELINES AS STATED ABOVE) for the signing of all notarized documents, are made with your escrow officer early in the transaction to avoid delays in closing. If any party would like to sign at a Chicago Title Company or a sister company near them, contact our office so we can make arrangements with them in advance. 2. Only wire transferred funds can be given immediate availability upon deposit. Cashier's checks, Teller's checks and Certified checks may be available one (1) business day after deposit. All other funds, including but not limited to Official Checks are subject to mandatory holding periods which may cause material delays in disbursement of funds in this escrow. In order to avoid delays, ALL funds should be wire transferred. Per Paragraph 1 contained in the General Provisions, more fully described therein, which are attached hereto and made a part hereof. 3. Buyer and Seller warrant to Chicago Title Company all items to be prorated through closing have been disclosed and properly prorated on the most recently available figures. There shall be no pro -ration of any items through this escrow after closing. Seller is unaware of any supplemental assessments and Seller has not received any refunds as a result of a supplemental assessment. Any subsequent supplemental assessments will be handled direct and outside of escrow between the Buyer and Seller. 4. The undersigned parties hereby authorize and instruct Escrow Holder to correct the Buyer's vesting, above the signature of the Grantor(s) on the Grant Deed without any further authorization required from the parties. 5. Seller is aware that interest on the existing loan(s) does not stop accruing at close of escrow, but continues until the actual day of receipt of the payoff by Lender. Seller is aware that interest will accrue through weekends or holidays. Seller is aware he/she/they are responsible for payment of all of such interest and will indemnify and hold Escrow Holder harmless in connection with the payment of such interest. 6. In accordance with Section 18662 of the Revenue and Taxation Code, a Buyer may be required to withhold an amount equal to 3 1/3 percent of the sales price or an alternative withholding amount certified by the Seller in the case of a disposition of California real property interest by either: a. A Seller who is an individual, trust, estate, or when the disbursement instructions authorize the proceeds to be sent to a financial intermediary of the Seller, OR b. A Corporate Seller that has no permanent place of business in California immediately after the transfer of title to the California property. The Buyer may become subject to penalty for failure to withhold an amount equal to the greater of Ten Percent (10%) of the amount required to be withheld or Five Hundred And No/100 Dollars ($500.00). General Instructions and GP SCA0002883.doc / Updated: 08.28.24 Page 3 CA--FBSC-021 80.0501 00-FBSC2402604 GENERAL INSTRUCTIONS (continued) However, notwithstanding any other provision included in the California statutes referenced above, no Buyer will be required to withhold any amount or be subject to penalty for failure to withhold if any of the following apply: a. The sales price of the California real property conveyed does not exceed One Hundred Thousand And No/100 Dollars ($100,000.00). b. The Seller executes a written certificate, under the penalty of perjury, certifying that the Seller is a corporation with a permanent place of business in California. c. The Seller, who is an individual, trust, estate, or a corporation without a permanent place of business in California, executes a written certificate, under the penalty of perjury, of any of the following: i. The California real property being conveyed is the Seller's or Decedent's principal residence (within the meaning of Section 121 of the Internal Revenue Code). ii. The last use of the property being conveyed was use by the Transferor as the Transferor's principal residence (within the meaning of Section 121 of the Internal Revenue Code). iii. The California real property being conveyed is or will be exchanged for property of like kind (within the meaning of Section 1031 of the Internal Revenue Code), but only to the extent of the amount of gain not required to be recognized for California income tax purposes under Section 1031 of the Internal Revenue Code. iv. The California real property has been compulsorily or involuntarily converted (within the meaning of Section 1033 of the Internal Revenue Code) and that the Seller intends to acquire property similar or related in service or use so as to be eligible for nonrecognition of gain for California income tax purposes under Section 1033 of the Internal Revenue Code. v. The California real property transaction will result in a loss or net gain not required to be recognized for California income tax purposes. The Seller is subject to penalty for knowingly filing a fraudulent certificate for the purpose of avoiding the withholding requirement. THE PARTIES TO THIS TRANSACTION SHOULD SEEK THE PROFESSIONAL ADVICE AND COUNSEL OF AN ATTORNEY, ACCOUNTANT OR OTHER TAX SPECIALIST'S OPINION CONCERNING THE EFFECT OF THIS LAW ON THIS TRANSACTION AND SHOULD NOT ACT ON ANY STATEMENTS MADE OR OMITTED BY THE ESCROW OR CLOSING OFFICER. 7. The undersigned Buyer hands you herewith Preliminary Change of Ownership Report as provided for in Section 480.34 of the Revenue and Taxation Code, State of California which you are to cause to be filed concurrently with the Deed in our favor. If form is rejected by the County, a surcharge may be imposed by said County and is to be paid by Buyer herein. 8. Checks to be issued at Close of Escrow: INVe the undersigned Buyer/Borrower/Seller hereby acknowledge that we are aware the Chicago Title Company will issue a check payable to the undersigned in payment of Seller's proceeds/Borrower's proceeds or Buyer's excess deposit refund. I/We further acknowledge and agree that said check will be presented to the bank for deposit as soon as possible after receipt, and collection and payment of the funds will only be done through the regular banking channels. In addition, in the event there are liens to be paid on the undersigned's behalf, we hereby also acknowledge that Uwe will not use the pay -by -phone electronic system to pay/collect the funds as Chicago Title Company will not honor such payments. The parties herein agree to be responsible for any stop payment and reissue charges and/or losses that may be incurred in connection with any and all electronic debits to Chicago Title Company's Trust Accounts. 9. Facsimile/Electronic Signature: Escrow Holder is hereby authorized and instructed that, in the event any party utilizes electronic or "facsimile" transmitted signed documents or instructions to Escrow Holder, you are to rely on the same for all escrow instruction purposes and the closing of escrow as if they bore original signatures. General Instructions and GP SCA0002883.doc / Updated: 08.28.24 Page 4 CA—FBSC-02180.050100-FBSC2402604 GENERAL INSTRUCTIONS (continued) 10. The undersigned hereby authorize and instruct Escrow Holder to charge each party to the escrow for their respective overnight and/or special mail handling/courier fees. Unless specified in writing by the undersigned, Escrow Holder is authorized to select special mail/delivery or courier service to be used. All other terms and conditions remain the same. General Instructions and GP SCA0002883.doc / Updated: 08.28.24 Page 5 CA--FBSC-02180.050100-FBSC2402604 GENERAL PROVISIONS 1. DEPOSIT OF FUNDS The law dealing with the disbursement of funds requires that all funds be available for withdrawal as a matter of right by the title entity's escrow and/or sub escrow account prior to disbursement of any funds. Only cash or wire -transferred funds can be given Immediate availability upon deposit. Cashier's checks, teller's checks and Certified checks may be available one business day after deposit. All other funds such as personal, corporate or partnership checks and drafts are subject to mandatory holding periods which may cause material delays in disbursement of funds in this escrow. In order to avoid delays, all fundings should be wire transferred. Outgoing wire transfers will not be authorized until confirmation of the respective incoming wire transfer or of availability of deposited checks. Deposit of funds into general escrow trust account unless instructed otherwise. You may Instruct Escrow Holder to deposit your funds into an interest bearing account by signing and returning the "Escrow Instructions - Interest Bearing Account". If you do not so instruct us, then all funds received in this escrow shall be deposited with other escrow funds in one or more general escrow trust accounts, which include both non -interest bearing demand accounts and other depository accounts of Escrow Holder, in any state or national bank or savings and loan association insured by the Federal Deposit Insurance Corporation (the "depository institutions") and may be transferred to any other such escrow trust accounts of Escrow Holder or one of its affiliates, either within or outside the Slate of California. A general escrow trust account is restricted and protected against claims by third parties and creditors of Escrow Holder and its affiliates, Receipt of benefits by Escrow Holder and affiliates. The parties to this escrow acknowledge that the maintenance of such general escrow trust accounts with some depository institutions may result in Escrow Holder or its affiliates being provided with an array of bank services, accommodations or other benefits by the depository institution. Some or all of these benefits may be considered interest due you under California Insurance Code Section 12413.5. Escrow Holder or its affiliates also may elect to enter into other business transactions with or obtain loans for investment or other purposes from the depository institution. All such services, accommodations, and other benefits shall accrue to Escrow Holder or its affiliates and Escrow Holder shall have no obligation to account to the parties to this escrow for the value of such services, accommodations, interest or other benefits. Said funds will not earn interest unless the instructions otherwise specifically state that funds shall be deposited in an interest -bearing account. All disbursements shall be made by check of Chicago Title Company. The principals to this escrow are hereby notified that the funds deposited herein are insured only to the limit provided by the Federal Deposit Insurance Corporation. Any instruction for bank wire will provide reasonable time or notice for Escrow Holder's compliance with such instruction. Escrow Holder's sole duty and responsibility shall be to place said wire transfer instructions with its wiring bank -upon confirmation of (1) satisfaction of conditions precedent or (2) document recordation at close of escrow. Escrow Holder will NOT be held responsible for lost interest due to wire delays caused by any bank or the Federal Reserve System, and recommends that all parties make themselves aware of banking regulations with regard to placement of wires. In the event there is insufficient time to place a wire upon any such confirmation or the wires have closed for the day, the parties agree to provide written instructions for an alternative method of disbursement. WITHOUT AN ALTERNATIVE DISBURSEMENT INSTRUCTION, FUNDS WILL BE HELD IN TRUST IN A NON -INTEREST BEARING ACCOUNT UNTIL THE NEXT OPPORTUNITY FOR WIRE PLACEMENT. 2. PRORATION$ AND ADJUSTMENTS All proration and/or adjustments called for in this escrow are to be made on the basis of a thirty (30) day month unless otherwise instructed in writing, You are to use information contained on last available tax statement, rental statement as provided by the Seller, beneficiary's statement and fire insurance policy delivered into escrow for the proration provided for herein. 3. SUPPLEMENTAL TAXES The within described property may be subject to supplemental real property taxes due to the change of ownership taking place through this escrow. Any supplemental real property taxes arising as a result of the transfer of the property to Buyer shall be the sole responsibility of Buyer and any supplemental real property taxes arising prior to the closing date shall be the sole responsibility of the Seller. TAX BILLS ISSUED AFTER CLOSE OF ESCROW SHALL BE HANDLED DIRECTLY BETWEEN BUYER AND SELLER. 4. UTILITIEWPOSSESSION Transfer of utilities and possession of the premises are to be settled by the parties directly and outside escrow. S. PREPARATION AND RECORDATION OF INSTRUMENTS Escrow Holder is authorized to prepare, obtain, record and deliver the necessary instruments to carry out the terms and conditions of this escrow and to order the policy of title insurance to be issued at close of escrow as called for in these instructions. Close of escrow shall mean the date instruments are recorded. 6. AUTHORIZATION TO FURNISH COPIES You are authorized to furnish copies of these instructions, supplements, amendments, notices of cancellation and closing statements, to the Real Estate Broker(s) and Lender(s) named in this escrow. General Instructions and GP SCA0002883.doc / Updated: 08,28.24 Page 6 CA--FBSC-02180.0501 DO-FBSC2402604 GENERAL PROVISIONS (continued) 7. RIGHT OF CANCELLATION Any principal instructing you to cancel this escrow shall file notice of cancellation In your office in writing. You shall, within two (2) working days thereafter, deliver, one (1) copy of such notice to each of the other principals at the addresses stated in this escrow. UNLESS WRITTEN OBJECTION TO CANCELLATION IS FILED IN YOUR OFFICE BY A PRINCIPAL WITHIN TEN (10) DAYS AFTER DATE OF SUCH DELIVERY, YOU ARE AUTHORIZED TO COMPLY WITH SUCH NOTICE AND DEMAND PAYMENT OF YOUR CANCELLATION CHARGES. If written objection is filed, you are authorized to hold all money and instruments in this escrow and take no further action until otherwise directed, either by the principals' mutual written instructions, or by final order of a court of competent jurisdiction. B, PERSONAL PROPERTY No examination or insurance as to the amount or payment of personal property taxes Is required unless specifically requested. By signing these General Provisions, the parties to the escrow hereby acknowledge that they are indemnifying the Escrow Holder against any and all matters relating to any "Bulk Sales" requirements, and instruct Escrow Agent to proceed with the closing of escrow without any consideration of matter of any nature whatsoever regarding "Bulk Sales" being handled through escrow. 9. RIGHT OF RESIGNATION Escrow Holder has the right to resign upon written notice delivered to the principals herein. If such right is exercised, all funds and documents shall be returned to the party who deposited them and Escrow Holder shall have no liability hereunder. 10. AUTHORIZATION TO EXECUTE ASSIGNMENT OF HAZARD INSURANCE POLICIES Either Buyer, Seller and/or Lender may hand you the insurance agent's name and insurance policy information, and you are to execute, on behalf of the principals hereto, form assignments of interest in any insurance policy (other than title insurance) called for in this escrow, forward assignment and policy to the insurance agent, requesting that the insurer consent to such transfer and/or attach a loss payable clause and/or such other endorsements as may be required, and forward such policy(s) to the principals entitled thereto. It Is not your responsibility to verify the information handed you or the assignability of said insurance. Your sole duty is to forward said request to insurance agent at close of escrow. Further, there shall be no responsibility upon the part of Escrow Holder to renew hazard insurance policy(s) upon expiration or otherwise keep it in force either during or subsequent to the close of escrow. Cancellation of any existing hazard Insurance policies is to be handled directly by the principals, and outside of escrow. 11. ACTION IN INTERPLEADER The principals hereto expressly agree that you, as Escrow Holder, have the absolute right at your election to file an action in interpieader requiring the principals to answer and litigate their several claims and rights among themselves and you are authorized to deposit with the clerk of the court all documents and funds held in this escrow. In the event such action is filed, the principals jointly and severally agree to pay your cancellation charges and costs, expenses and reasonable attorney's fees which you are required to expend or incur in such interpleader action, the amount thereof to be fixed and judgment therefore to be rendered by the court. Upon the filing of such action, you shall thereupon be fully released and discharged from all obligations imposed by the terms of this escrow or otherwise. 12. TERMINATION OF AGENCY OBLIGATION If there is no action taken on this escrow within six (6) months after the "time limit date" as set forth in the escrow instructions or written extension thereof, your agency obligation shall terminate at your option and all documents, monies or other items held by you shall be returned to the parties depositing same. In the event of cancellation of this escrow, whether it be at the request of any of the principals or otherwise, the fees and charges due Chicago Title Company, including expenditures incurred and/or authorized shall be borne equally by the parties hereto (unless otherwise agreed to specifically). 13. DELIVERY/RECEIPT Delivery to principals as used in these instructions unless otherwise stated herein is to be by hand in person to the principal, regular mail, email or fax to any of the contact information provided in these instructions. If delivered by regular mail receipt is determined to be seventy-two (72) hours after such mailing. All documents, balances and statements due to the undersigned may be delivered to the contact information shown herein. All notices, change of instructions, communications and documents are to be delivered in writing to the office of Chicago Title Company as set forth herein, 14. STATEIFEDERAL CODE NOTIFICATIONS According to Federal Law, the Seller, when applicable, will be required to complete a sales activity report that will be utilized to generate a 1099 statement to the Internal Revenue Service. Pursuant to State Law, prior to the close of escrow, Buyer will provide Escrow Holder with a Preliminary Change of Ownership Report. In the event said report Is not handed to Escrow Holder for submission to the County in which subject property is located, upon recording of the Grant Deed, Buyers acknowledge that the applicable fee will be assessed by said County and Escrow Holder shall debit the account of Buyer for same at close of escrow. General Instructions and GP SCA0002883.doc / Updated: 08.28.24 Page 7 CA--FBSC-02180.050100.FBSC2402604 GENERAL PROVISIONS (continued) 15. NON-RESIDENTALIEN The Foreign Investment in Real Property Tax Act (FIRPTA), Title 26 U.S.C., Section 1445, and the regulations there under, provide In part, that a transferee (buyer) of a U.S, real property interest from a foreign person must withhold a statutory percentage of the amount realized on the disposition, report the transaction and remit the withholding to the Internal Revenue Service (IRS) within twenty (20) days after the transfer. Chicago Title Company will not determine nor aid in the determination of whether the FIRPTA withholding provisions are applicable to the subject transaction, nor act as a Qualified Substitute under state or federal law, nor furnish tax advice to any party to the transaction. Chicago Title Company will not determine nor aid in the determination of whether the transaction will qualify for an exception or an exemption and is not responsible for the filing of any tax forms with the IRS as they relate to FIRPTA, nor responsible for collecting and holding of any documentation from the buyer or seller on the buyer's behalf for the purpose of supporting a claim of an exception or exemption. Chicago Title Company is not an agent for the buyer for the purposes of receiving and analyzing any evidence or documentation that the seller in the subject transaction is a U.S. citizen or resident alien. Chicago Title Company is not responsible for the payment of this tax andlor penalty and/or interest incurred in connection therewith and such taxes are not a matter covered by the Owner's Policy of Title Insurance to be issued to the buyer. Chicago Title Company is not responsible for the completion of any IRS documents or related forms related to the referenced statute. The buyer is advised: they must independently make a determination of whether the contemplated transaction is subject to the Withholding requirement; bear full responsibility for compliance with the withholding requirement if applicable and/or for payment of any tax, interest, penalties and/or other expenses that may be due on the subject transaction; and they are responsible for the completion of any and all forms, including but not limited to applicable IRS documentation, and the malling of those forms. The Buyer Is advised any forms, documents, or information received from Chicago Title Company is not tax or legal advice and should not be construed as such nor treated as a complete representation of FIRPTA requirements. Buyer should seek outside counsel from a qualified individual to determine any and all implications of the referenced statute. 16. ENCUMBRANCES Escrow Holder is to act upon any statements furnished by a lienholder or his agent without liability or responsibility for the accuracy of such statements. Any adjustments necessary because of a discrepancy between the information furnished Escrow Holder and any amount later determined to be correct shall be settled between the parties direct and outside of escrow. You are authorized, Wthout the need for further approval, to debit my account for any fees and charges that I have agreed to pay in connection with this escrow, and for any amounts that I am obligated to pay to the holder of any lien or encumbrance to establish the title as insured by the policy of title insurance called for in these instructions. If for any reason my account is not debited for such amounts at the time of closing, I agree to pay them Immediately upon demand, or to reimburse any other person or entity who has paid them. 17. ENVIRONMENTAL ISSUES Chicago Title Company has made no investigation concerning said property as to environmentalltoxic waste issues. Any due diligence required or needed to determine environmental impact as to forms of loxification, if applicable, will be done directly and by principals outside of escrow. Chicago Title Company is released of any responsibility and/or liability in connection therewith. 18. USURY Escrow Holder Is not to be concerned with any questions of usury in any loan or encumbrance involved in the processing of this escrow and is hereby released of any responsibility or liability therefore. 19. DISCLOSURE Escrow Holder's knowledge of matters affecting the property, provided such facts do not prevent compliance with these instructions, does not create any liability or duty in addition to these instructions. 20. FACSIMILEIELECTRONIC SIGNATURE Escrow Holder is hereby authorized and instructed that, in the event any party utilizes electronic or "facsimile" transmitted signed documents or instructions to Escrow Holder, you are to rely on the same for all escrow instruction purposes and the closing of escrow as if they bore original signatures. "Electronic Signature" means, as applicable, an electronic copy or signature complying with California Law. 21. CLARIFICATION OF DUTIES Chicago Title Company serves ONLY as an Escrow Holder in connection with these instructions and cannot give legal advice to any party hereto. Escrow Holder is not to be held accountable or liable for the sufficiency or correctness as to form, manner of execution, or validity of any instrument deposited in this escrow, nor as to the identity, authority or rights of any person executing the same. Escrow Holder's duties hereunder shall be limited to the proper handling of such money and the proper safekeeping of such instruments, or other documents received by Escrow Holder, and for the disposition of same in accordance with the written instructions accepted by Escrow Holder. The agency and duties of Escrow Holder commence only upon receipt of copies of these Escrow Instructions executed by all parties. General Instructions and GP SCA0002883.doc / Updated: 08.28.24 Page 8 CA—FBSC-02180.050100.FBSC2402604 GENERAL PROVISIONS (continued) 22. FUNDS HELD IN ESCROW When the company has funds remaining In escrow over ninety (90) days after close of escrow or estimated close of escrow, the Company shall impose a monthly holding fee of Twenty -Five and No/100 Dollars ($25.00) that is to be charged against the funds held by the Company. 23. LIMITED ENGLISH PROFICIENCY Borrowers who are limited in English proficiency in need of an interpreter or assistance translating the loan documents from English to another language should contact their lender or the Settlement Agent at 909-941-6494 as soon as possible in order for arrangements to be made. THIS AGREEMENT IN ALL PARTS APPLIES TO, INURES TO THE BENEFIT OF, AND BINDS ALL PARTIES HERETO, THEIR HEIRS, LEGATEES, DEVISEES, ADMINISTRATORS, EXECUTORS, SUCCESSORS AND ASSIGNS, AND WHENEVER THE CONTEXT SO REQUIRES THE MASCULINE GENDER INCLUDES THE FEMININE AND NEUTER, AND THE SINGULAR NUMBER INCLUDES THE PLURAL. THESE INSTRUCTIONS AND ANY OTHER AMENDMENTS MAY BE EXECUTED IN ANY NUMBER OF COUNTERPARTS, EACH OF WHICH SHALL BE CONSIDERED AS AN ORIGINAL AND BE EFFECTIVE AS SUCH, MY SIGNATURE HERETO CONSTITUTES INSTRUCTION TO ESCROW HOLDER OF ALL TERMS AND CONDITIONS CONTAINED IN THIS AND ALL PRECEDING PAGES AND FURTHER SIGNIFIES THAT I HAVE READ AND UNDERSTAND THESE GENERAL PROVISIONS. Chicago Title Company conducts escrow business under License No.2993-4 issued by the California Department of Insurance. END OF INSTRUCTIONS IN WITNESS WHEREOF, the undersigned have executed this document on the date(s) set forth below. BUYER(S): Property One, LLC, a California limited liability company BY Its Manager: Judson & Brown LLC, a Nevada Date limited liability company Lance Lenhert, Managing Member Forwarding Address: Phone: Fax: Email: General Instructions and GP SCA0002883.doc / Updated: 08.28.24 Page 9 CA--FBSC-02180.050100-FBSC2402604 GENERAL PROVISIONS (continued) SELLER(S): The City of Redlands, California municipal co� rporate rl�/jI/�r { 9 - z5 BY. Date Mario Saucedo, NXayor Date Forwarding Address: 35 Cajon Street, Suite 41 P.O. Box 3005 Redlands, CA 92373 Phone: 909-798-7512 Fax: Email: jdonaidson@cityofredlands.org General Instructions and GP 5CA0002883.doc ! Updated: 08.28.24 Page 10 CA—FBSC-02180-050100-FBSC2402604 FIDELITY NATIONAL FINANCIAL CALIFORNIA PRIVACY NOTICE Fidelity National Financial, Inc. and its majority -owned subsidiary companies (collectively, "FNF," "our," or "we") respect and are committed to protecting your privacy. This California Privacy Notice explains how we collect, use, and disclose Personal Information, when and to whom we disclose such information, and the rights you, as a California resident ("Consumer"), have regarding your Personal Information ("California Privacy Rights"). "Personal Information" means information that identifies, relates to, describes, and is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. If FNF has collected, used, or disclosed your Personal Information in relation to a job application or employment, independent contractor, officer, owner, or director relationship with FNF, FNF's practices are discussed in our Notice at Collection for Prospective Employees, available at Prospective California Employees. Some subsidiaries maintain separate California Privacy Notices or privacy statements. If a subsidiary has a separate California Privacy Notice, it will be available on the subsidiary's website, and this California Privacy Notice does not apply. Collection of categories of Personal Information: In the preceding twelve (12) months FNF has collected, and will continue to collect, the following categories of Personal Information from you: • Identifiers such as name, address, telephone number, IP address, email address, account name, social security number, driver's license number, state identification card, passport number, financial information, date of birth, or other similar identifiers; • Characteristics of protected classifications under California or Federal law; • Commercial information, including records of personal property, products or services purchased, or other purchasing or consuming histories; • Internet or other electronic network activity information including, but not limited to browsing history on FNF websites and information regarding a Consumer's interaction with an FNF website; • Geolocation data; • Unique biometric data used to authenticate a specific individual such as a fingerprint, retina, or iris image; • Professional or employment information; • Education Information. This Personal Information is collected from the following sources: • Information we receive from you on applications or other forms; • Information about your transactions with FNF, our affiliates, or others; • Information we receive from consumer reporting agencies and/or governmental entities, either directly from these entities, or from internet service providers, data analytics providers, and social networks; • Information from the use of our websites and mobile applications; • Information we receive directly from you related to doing business with us. This Personal Information is collected for the following business ur oses: • To provide products and services to you or in connection with a transaction involving you; • To perform a contract between FNF and the Consumer; • To improve our products and services; • To comply with legal obligations; • To detect and protect against fraudulent or illegal activity; Privacy Statement SCA0002954.doc Page 11 CA—FBSC-02180.050100-F6SC2402604 • To communicate with you about FNF or our affiliates; • To maintain an account with FNF or our affiliates; • To maintain the security of our systems, tools, accounts, and applications; • To verify and authenticate identities and credentials; • To provide, support, personalize, and develop our websites, products, and services; • To directly market our products to consumers; • As described to you when collecting your Personal Information or as otherwise set forth in the California Consumer Privacy Act. Disclosures of Personal Information for a business purpose: In the preceding twelve (12) months FNF has disclosed, and will continue to disclose, the categories of Personal Information listed above for a business purpose. We may disclose Personal Information for a business purpose to the following categories of third parties: • FNF affiliates and subsidiaries; • Non-affiliated third parties, with your prior consent; • Businesses in connection with the sale or other disposition of all or part of the FNF business and/or assets; • Service Providers and non-affiliated third parties such as data analytics providers; • Law enforcement or authorities in connection with an investigation, or in response to a subpoena or court order. Sale of Personal Information: In the preceding twelve (12) months, FNF has not sold or shared Personal Information. FNF does not sell or share Personal Information. Retention Periods: Due to the breadth and variety of data collected by FNF, it is not possible for us to provide you with a comprehensive list of timeframes during which we retain each category of Personal Information. FNF retains categories of information as reasonably necessary to satisfy the purpose for which we collect the information. This time period varies depending on the purpose for which we collected the information, the nature and frequency of our interactions and relationship with you, whether we have a legal basis to continue retaining the information, industry practices, the value and sensitivity of the information, and state and federal recordkeeping requirements. Personal Information of minors: FNF does not knowingly collect the Personal Information of minors. FNF does not sell or share the information of consumers under sixteen (16) years of age. Sensitive Personal Information: FNF does not use or disclose sensitive Personal Information for any purposes other than those specified in the California Consumer Privacy Act. Right to know: Consumers have a right to know about Personal Information collected, used, disclosed, shared, or sold, including the categories of such Personal Information, as well as the purpose for such collection, use, disclosure, sharing, or selling, categories of third parties to whom Personal Information is disclosed, shared or sold, and the specific pieces of Personal Information collected about the consumer. Consumers have the right to request FNF disclose what Personal Information it collected, used, and disclosed in the past twelve (12) months. Privacy Statement SCA0002954.doc Page 12 CA--FBSC-02180.050100-FBSG2402604 Right to request deletion: Consumers have a right to request the deletion of their Personal Information, subject to certain exceptions. Right to_ Correct: Consumers have the right to correct inaccurate Personal Information. Right to non-discrimination: Consumers have a right not to be discriminated against because of exercising their consumer privacy rights. We will not discriminate against Consumers for exercising any of their California Privacy Rights. Privacy Requests: To exercise any of your California Privacy Rights, or if acting as an authorized agent on behalf of another individual, please visit California Privacy Request (FNF.com/California-privacy), call us Toll Free at 888-413-1748, or write to the address at the end of this notice. Upon making a California Privacy Request, FNF will verify the consumer's identity by requiring an account, loan, escrow number, or other identifying information from the consumer. The above -rights are subject to any applicable rights and obligations including both Federal and California exemptions rendering FNF, or Personal Information collected by FNF, exempt from certain CCPA requirements. A Consumer may use an Authorized Agent to submit any CCPA request. Authorized agents' requests will be processed like any other CCPA request, but FNF will also require the Consumer provide the agent written permission to make the request and verify his or her identity with FNF. FNF website services for mortgage loans: Certain FNF companies provide services to mortgage loan servicers, including hosting websites that collect customer information on behalf of mortgage loan servicers (the "Service Websites"). The Service Websites may contain links to both this Privacy Notice and the mortgage loan servicer or lender's privacy notice. The sections of this Privacy Notice describing the categories, sources, and uses of your Personal Information do not apply to the Service Websites. The mortgage loan servicer or lender's privacy notice governs use, disclosure, and access to your Information. FNF does not share Information collected through the Service Websites, except (1) as required or authorized by contract with the mortgage loan servicer or lender, or (2) as required by law or in the good -faith belief that such disclosure is necessary to comply with a legal process or applicable law, to enforce this Privacy Notice, or to protect the rights, property, or safety of FNF or the public. California Privacy Notice - Effective bate: This California Privacy Notice was last updated on January 1, 2025. Contact for more information: For questions or concerns about FNF's California Privacy Notice and privacy practices, or to exercise any of your California Privacy Rights, please visit California PrivacV (FNF.com/California-privacy), call Toll Free 888-413-1748, or contact us by mail at the below address. Fidelity National Financial, Inc. 601 Riverside Avenue Jacksonville, Florida 32204 Attn: Chief Privacy Officer Privacy Statement SCA4002954.doc Page 13 CA--FBSC-02180.050100-FBSC2402604 Notice of Available Discounts Pursuant to Section 2355.3 in Title 10 of the California Code of Regulations Fidelity National Financial, Inc. and its subsidiaries ("FNF") must deliver a notice of each discount available under our current rate filing along with the delivery of escrow instructions, a preliminary report or commitment. Please be aware that the provision of this notice does not constitute a waiver of the consumer's right to be charged the filed rate. As such, your transaction may not qualify for the below discounts. You are encouraged to discuss the applicability of one or more of the below discounts with a Company representative. These discounts are generally described below; consult the rate manual for a full description of the terms, conditions and requirements for such discount. These discounts only apply to transactions involving services rendered by the FNF Family of Companies. This notice only applies to transactions involving property improved with a one -to -four family residential dwelling. Not all discounts are offered by every FNF Company. The discount will only be applicable to the FNF Company as indicated by the named discount. FNF Underwritten Title Companies CTC - Chicago Title Company CLTC - Commonwealth Land Title Company FNTC - Fidelity National Title Company FNTCCA - Fidelity National Title Company of California TICOR - Ticor Title Company of California LTC - Lawyer's Title Company SLTC - ServiceLink Title Company Available Discounts Underwritten by FNF Underwriters CTIC - Chicago Title Insurance Company CLTIC - Commonwealth Land Title Insurance Co. FNTIC - Fidelity National Title Insurance Co. NTINY - National Title Insurance of New York CHURCHES OR CHARITABLE NON-PROFIT ORGANIZATIONS (CTIC, CLTIC, FNTIC, NTINY) On properties used as a church or for charitable purposes within the scope of the normal activities of such entities, provided said charge is normally the church's obligation the charge for an owner's policy shall be fifty percent (50%) to seventy percent (70%) of the appropriate title insurance rate, depending on the type of coverage selected. The charge for a lender's policy shall be forty percent (40%) to fifty percent (50%) of the appropriate title insurance rate, depending on the type of coverage selected. DISASTER AREA TRANSACTIONS (CTIC, CLTIC, FNTIC, NTINY) This rate is available for individuals or entities that were victims of a national or state disaster. The rate can be used for a Lender's Policy (Standard or Extended), or an Owner's Policy (Standard or Homeowners coverage). To qualify for this rate, the applicant must, prior to the closing of the applicable transaction, make a written request, including a statement meeting the following criteria: A. The subject property is in a disaster area declared by the government of the United States or the State of California. B. The subject property was substantially or totally destroyed in the declared disaster. C. The subject property ownership has not changed since the time of the disaster. The rate will be fifty percent (50%) of the applicable rate, and the transaction must be completed within sixty (60) months of the date of the declaration of the disaster. CA Discount Notice SCA0002954.doc/ Updated: 08.28.24 Page 14 CA--FBSC-02180.050100-FBSC2402604 DISASTER AREA ESCROWS (CTC, CLTC, FNTC, TICOR, LTC) This rate is available for individuals or entities that were victims of a national or state disaster. The rate can be used for a loan or a sale escrow transaction. To qualify for this rate, the applicant must, prior to the closing of the applicable transaction, make a written request, including a statement meeting the following criteria: A. The subject property is in a disaster area declared by the government of the United States or the State of California. B. The subject property was substantially or totally destroyed in the declared disaster. C. The subject property ownership has not changed since the time of the disaster. The rate will be fifty percent (50%) of the applicable rate, and the transaction must be completed within sixty (60) months of the date of the declaration of the disaster. Standard minimum charge applies based upon property type. No other discounts or special rates, or combination of discounts or special rates, shall be applicable. Applies to a single transaction per property. This rate is applicable to the following Zones/Counties: Zone 1.A: Orange County Zone 1.6: Riverside and San Bernardino Counties Zone 2: Las Angeles County Zone 3: Ventura County Zone 10: San Diego County Zone 12: Imperial County If used for a sale transaction, the application of this rate assumes the charge for the Residential Sale Escrow Services (RSES) fee will be split evenly between buyer and seller. As such and regardless of how the calculated applicable RSES will be split between the disaster victim and the other principal, the rate will be applied only to one half (1/2) of the calculated applicable RSES fee, regardless of whether the disaster victim is paying half (1/2) of the RSES fee (as is customary) or paying the entire fee. The rate under this provision will be fifty percent (50%) of disaster victims' one half (112) portion only and shall not apply to any portion paid by non -disaster victim. Additional services will be charged at the normal rates. MILITARY DISCOUNT RATE (CTIC, CLTIC, FNTIC) Upon the Company being advised in writing and prior to the closing of the transaction that an active duty, honorably separated, or retired member of the United States Military or Military Reserves or National Guard is acquiring or selling an owner occupied one -to -four family property, the selling owner or acquiring buyer, as applicable, will be entitled to a discount equal to fifteen percent (15%) of the otherwise applicable rates such party would be charged for title insurance policies. Minimum charge: Four Hundred Twenty -Five And No/100 Dollars ($425.00) The Company may require proof of eligibility from the parties to the transaction verifying they are entitled to the discount as described. No other discounts or special rates, or combination of discounts or special rates, shall be applicable. MILITARY RATE (SLTC) A discount of twenty percent (20%) off the purchase transaction closing and settlement fee or a discount of One Hundred And No/100 Dollars ($100.00) off the refinance closing and settlement fee, will be applied when the loan is guaranteed by the United States Veterans Administration and the escrow fee is being paid by the consumer and is listed as paid by borrower on the Closing Disclosure and final Settlement Statement. CA Discount Notice SCA0002954.doc / Updated: 08.28.24 Page 15 CA--FBSC-02180.050100-FBS02402604 OCHICAGO TITLE CERTIFICATION OF NON -FOREIGN STATUS Date: November 19, 2024 Escrow No.: FBSC2402604-PF Section 1445 of the Internal Revenue Code requires a transferee (buyer) of a U.S. Real Property interest to withhold fifteen percent (15%) of the gross sales price if the transferor (seller) is a foreign person or entity unless the transferee receives a certification of non -foreign status from the transferor (seller). The certification must be signed under penalties of perjury, stating the transferor is not a foreign person/entity and containing the transferor's name, address, and U.S. Taxpayer Identification Number. Sellers who provide such a certification are exempt from withholding and the estimated tax cannot be collected from them unless the buyer or their agent have knowledge the certification is false. Certification of Non -Foreign Status by Entity The undersigned hereby certifies the following: City of Redlands is not a foreign corporation, foreign partnership, foreign trust, or foreign estate (as defined in the Internal Revenue Code and Income Tax Regulations) or a disregarded entity as defined in §1.1445-2(b)(2)(iii); The U.S. Employer Identification No. for this entity is: 95-6000766 The office address is: 35 Caion Street, Suite 2 Redlands, CA 92373 The transferor/seller understands this certification may be disclosed to the Internal Revenue Service by transferee and any false statement contained herein could be punished by fine, imprisonment, or both. Under penalties of perjury I declare I have completed this certification and to the best of my knowledge and belief it is true, correct, and complete, and I further declare that I have authority to sign this document on behalf of seller. IN WITNESS WHEREOF, the undersigned have executed this document on the date(s) set forth below. The City of Redlands By: e. Mario Sauce o Title: Mayor FIRPTA - Seller's Certification SCA0002028.doc1 Updated: 08.14.24 Page 1 4--11 -2s Date Rev. 1 /28/2010 CA—FBSC-02180.050100-FBSC2402604 QCHICAGO TITLE Escrow No.: FBSC2402604-PF Property: Vacant Land, Redlands, CA 92373 The undersigned hereby declares as follows: 1. (Fill in the applicable paragraph and strike the other) OWNER'S DECLARATION A. Declarant ("Owner") is the owner or lessee, as the case may be, of certain premises located at Vacant Land, Redlands, CA 92373, further described as follows: See Preliminary ReporUCommitment No. FBSC2402604 for full legal description (the "Land"). B. Declarant is the Mayor of The City of Redlands ("Owner"), which is the owner or lessee, as the case may be, of certain premises located at Vacant Land, Redlands, CA 92373, further described as follows: See Preliminary Report/Commitment No. FBSC2402604 for full legal description (the "Land"), 2. (Fill in the applicable paragraph and strike the other) A. During the period of six (6) months immediately preceding the date of this declaration no work has been done, no surveys or architectural or engineering plans have been prepared, and no materials have been furnished in connection with the erection, equipment, repair, protection or removal of any building or other structure on the Land or in connection with the improvement of the Land in any manner whatsoever. B. Buripg3he t3eried of sax ing t+�e date of ttais deslaration-ser#ain-werk-has been-dene and-naater4al"r+niehed-in-eenaeetioR Nith upen-4he-6iR" improvement&-er-repairs-upon-the-Land,arfon-the-serviee"f-erehiteets-saweyem-er-engineers-exeept as -#ells : . 6wner-by-the-undersigned-Beelarant, agrees-to-and-dees-++ereby-indemnify-awd-held-harmlese-Ehieage-TiHe4nsurenee-GoFnpany-against any and-all-clairns-arisirtg�thenefrorrt. 3. Owner has not previously conveyed the Land; is not a debtor in bankruptcy (and if a partnership, the general partner thereof is not a debtor in bankruptcy); and has not received notice of any pending court action affecting the title to the Land. 4. Except as shown in the above referenced Preliminary Report/Commitment, there are no unpaid or unsatisfied mortgages, deeds of trust, Uniform Commercial Code financing statements, regular assessments, special assessments, periodic assessments or any assessment from any source, claims of lien, special assessments, or taxes that constitute a lien against the Land or that affect the Land but have not been recorded in the public records. There are no violations of the covenants, conditions and restrictions as shown in the above referenced Preliminary ReporUCommitment. 5. The Land is currently in use as a Parking Lot occupy/occupies the Land; and the following are all of the leases or other occupancy rights affecting the Land: 6. There are no other persons or entities that assert an ownership interest in the Land, nor are there unrecorded easements, claims of easement, or boundary disputes that affect the Land. 7. There are no outstanding options to purchase or rights of first refusal affecting the Land. B. Between the most recent Effective Date of the above referenced Preliminary ReporUCommitment and the date of recording of the Insured Instrument(s), Owner has not taken or allowed, and will not take or allow, any action or inaction to encumber or otherwise affect title to the Land. Owner's Declaration SCA0002873.doe / Updated: 07.18224 Page 1 CA—FBSC-02180.050100-FBSC2402604 OWNER'S DECLARATION (continued) 9. That the undersigned has not received any written notice of violation of any covenants, conditions or restrictions, if any, affecting the Land, 10. That there are no outstanding unpaid sellers or suppliers of PACA/PASA commodities or products incurred by the Lessee, except: NIA 11. That no notices of claim or notices of intent to preserve claim rights have been received by the Company from PACA/PASA sellers or suppliers of the Lessee, except: NIA This declaration is made with the intention that Chicago Title Insurance Company (the "Company") and its policy issuing agents will rely upon it in issuing their title insurance policies and endorsements. Owner, by the undersigned Declarant, agrees to indemnify the Company against loss or damage (including attorneys' fees, expenses, and costs) incurred by the Company as a result of any untrue statement made herein. Additionally, Owner, by the undersigned Declarant, agrees to indemnify and hold the Company harmless during the gap period between the last title examination of the Land that was conducted by, for and/or on behalf of the Company, and the time when the deed, assignments and any other documents creating priority of title are recorded in connection with the sale and/or transfer of the Land. declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed on April 3, 2025 at 02:12 PM. The Ci Redlands, alifornia municipal corporation f3 Mario Saucedo, Mayor Owner's Declaration SCA0002873.doc / Updated, 07.18.24 Page 2 CA—FBSG-02180.050100-FBSC2402604 Chicago Title Company aa CHICAGO TITLE 9090 Milliken Ave, Suite 100 Rancho Cucamonga, CA 91730 Phone: 909-941-6494 Seller's Estimated Closing Statement Order Number: F13SC2402604 Escrow Officer: Pamela Fry Buyer: Property One, LLC Seller: The City of Redlands Property: Vacant Land Redlands, CA 92373 San Bernardino County Seller Debit Credit Total Consideration Total Consideration 55,000.00 Equity Transfer from Property Exchange 55,000.00 Vacant Land/Parcel #0170-142-12 Title I Settlement Charges Owner's Policy Endorsements to Chicago Title Company 472.00 Coverage: $55,000.00 Version: CLTA Standard Coverage Owner's Policy - 2022 Escrow Fee to Chicago Title Company 365.00 Pad -refundable if not used to Chicago Title Company 200.00 Subtotals 56,037.00 55,000.00 Balance Due FROM Seller 1,037.00 Totals 56,037.00 56,037.00 It is agreed by the undersigned that the foregoing statement may change if a change in the escrow closing occurs or if other unforeseen contingencies arise. In the event changes in the statement become necessary, you are nevertheless authorized to close this escrow. It is understood that we will receive a final statement of account if the above totals are changed. SELLER The City o edlands, a C ifornia municipal corporation BY: Mario Saucedo, ayor Printed on 4/3/2025 11:18:55 AM FBSG2402604 Page 1 of 1