he he?? ?aw-J heTHE VANDERPOOL LAW FIRM FILED ?or Court of California 330 Mam Street, Suite ountv of I Anqeles Seal Beach, CA 90740 '1 Tel: 562.431.6900; Fax: 714.276.0558 FEB 07 2013 Show: a. 0mm 3' Denny Lewis G. Khashan, Esq. 3 d9" Douglas B. Vanderpool (SBN 162857) KHASHAN LAW FIRM 38975 Sky Canyon Drive, Suite 201 Murrieta, CA 92563 Tel: (951) 775-7279; Fax: (909) 658-8981 lewis@khashanlaw.com Attorneys for Plaintiffs Dr. Ernst R. von Schwarz and Pier Angela Oakenfold LOS SUPERIOR COURT CENTRAL DISTRICT STANLEY MOSK COURTHOUSE ERNST R. VON SCHWARZ, MD, and PIER Case NoANGELA OAKENFOLD, Plaintiffs, COMPLAINT V. COLDWELL BANKER RESIDENTIAL BROKERAGE STEPHAN JOHN APELIAN, JOYCE BOWMAN ELIZABETH AXELROD, EXECUTOR OF THE ESTATE OF GRETA VON STEINBAUER, and DOES 1 through 100 inclusive, Les?3 Defendants PROCEDURAL BACKGROUND REGARDING DEFENDANT GRETA VON STEINBAUER, DECEASED 1. On April 25, 2017, Greta Von Steinbauer, here referred to as the decedent, died leaving a will. 2. The wi11 was admitted to probate by the Los Angeles Superior Court (Case No. - 1 COMPLAINT u: w? au?ig?l . 3 . a. timawf 53-1 'Ltw \Judi} Aug I vast-1.1mm mum; caugazsm .mms (warm-?mew acs9saz? ?25? ESCEIPT UBTE PHVMEHT: RECEIVED: #25321: $435 . $0.09 . $13 Ct": SHED: $0 .053 313 mg ?t pa17STPOBO7403) on November 13, 2017. 3. Defendant Elizabeth Axelrod is the appointed and acting executor of the decedent's will. 4. On November 20, 2017, plaintiff timely ?led its claim against the estate, seeking damages for Breach of Contract; Violation of Civil Code sections 1102 et seq. and Fraudulent Concealment in an amount up to and including $3,000,000.00. The claim is considered rejected because the executor refused or neglected to act on the claim for 30 days after its ?ling [or] the executor filed and served a rejection of the claim on December 20, 2017 and this complaint is ?led within 90 days of the notice of rejection. COMPLAINT FOR DAMAGES AND FRAUD Plaintiffs Ernst R. von Schwarz MD. and Pier Angela Oakenfold allege as follows: 5. Plaintiffs Ernst R. von Schwarz and Pier Angela Oakenfold (?Plaintiffs?) are individuals residing in Los Angeles County, California. 6. Defendant Coldwell Banker Residential Brokerage Company (?Broker?) is a California corporation and was at all time relevant herein a California real estate brokerage, license number 00616212. 7. Defendant Stephan John Apelian (?Apelian?) is now and at all times relevant to this action was a licensed California real estate agent, license number 01885005, and an employee of Broker. 8. Defendant Joyce Bowman Rey is now and at all times relevant to this action was a licensed California real estate agent, license number 00465013, and an employee of Broker. Apelian and Rey shall be referred to herein as the ?Agents.? Broker, Apelian and Rey are referred to herein as the ?Broker Defendants.? 9. Defendant Elizabeth Axelrod is sued in her representative capacity as the Executor of the Estate of Greta von Steinbauer. Ms. von Steinbauer (?Seller?) sold the subject property to the Plaintiffs. Seller died on April 25, 2017. A petition for letters of administration was granted by the Los Angeles County Superior Court, case number 17STPB07403 appointing Defendant Elizabeth Axelrod as the Executor of the Estate. 10. Plaintiffs do not know the true names of defendants DOES 1 through 100, and therefore - 2 COMPLAINT u) re?: Ci? "mi re": (5: 1:11sues them by those ?ctitious names. Plaintiffs are informed and believe, and on the basis of that information and belief allege, that each of those defendants was in some manner legally responsible for the events and happenings alleged in this complaint and for plaintiffs? injuries and damages. The names, capacities and relationships of DOES 1 through 100 will be alleged by amendment to this complaint when they are known. 11. Plaintiff is informed and believes, and on that basis alleges, that at all times mentioned in this complaint, defendants were the agents and employees of their codefendants, and in doing the things alleged in this complaint were acting within the course and scope of that agency and employment. 12. On or about December 22, 2014, Broker, Apelian and Rey represented Seller in Seller's effort to sell that certain real property located at 1120 Westchester Place, Los Angeles, California, 90019. The property is known as the Rosenheim Mansion. 13. Unbeknownst to Plaintiffs, the Rosenheim Mansion had been the featured location in the TV Series American Horror Story, Season One Murder House, which aired from October 5, 2011 through December 21, 2011. 14. Unbeknownst to Plaintiffs and not disclosed by Defendants, the Rosenheim Mansion had become a macabre tourist attraction for fans of the TV Show. 15. Unbeknownst to Plaintiffs, and not disclosed by Defendants, hundreds of fans of the TV Show would come to the property, trespass, attempt to break in, and created a signi?cant nuisance not only for the Seller, but for the neighbors as well. i 16. As part of the escrow, a title report was produced which indicated that the Rosenheim Mansion was designated by the City of Los Angeles as Historical and Cultural Property #660, and that Seller had entered into a Mills Act contract with the City, which required Seller to perform numerous repairs to the Property, and also gave Seller signi?cant tax breaks. Defendants did not disclose that Seller failed to complete the repairs required under the Mills Act contract, yet Seller did take the tax breaks. The broker defendants failed to explain the signi?cance and impact of the Mills Act contract to buyers. 3 - COMPLAINT :will be more fully set forth below, Defendants also failed to disclose signi?cant defects in the condition of the property, including damage to the roof, gutters, signi?cant leaks, water intrusion and mold. FIRST CAUSE OF ACTION (Breach of Written Contract for Sale of Real Property Against All Defendants) 18. Plaintiff incorporates by this reference paragraphs 1 through 17 of this complaint 19. On or about December 22, 2014, Plaintiffs and Seller entered into a written agreement in which plaintiff agreed to purchase and seller agreed to sell the Rosenheim Mansion. A copy of the written purchase and sale agreement ("the agreement") is attached to this complaint as Exhibit and is incorporated by this reference. 20. The agreement includes a provision for recovery of attorney fees by the prevailing party in the event an action is brought under the agreement. 21. Prior to close of escrow, Seller, Apelian, Rey, and Broker presented Plaintiffs with a Real Estate Transfer Disclosure Statement dated January 12, 2015, that was prepared by these 5 defendants and signed by them. A copy of the Real Estate Transfer Disclosure Statement (the ?Disclosure Statement?) is attached to this complaint as Exhibit and is incorporated by this reference. 22. Prior to close of escrow, Seller, Apelian, Rey, and Broker presented Plaintiffs with a Seller Property Questionnaire dated January 12, 2015, that was prepared by these defendants and signed by them. A copy of the Seller Property Questionnaire (?the Questionnaire") is attached to this complaint as Exhibit and is incorporated by this reference. 23. Plaintiffs relied on the representations set forth in the Disclosure Statement and the Questionnaire in closing escrow on the transaction and the statement and Questionnaire were incorporated into the agreement. 24. Plaintiff performed all conditions, covenants, and promises on plaintiffs part to be performed in accordance with the terms and conditions of the agreement. 25. Plaintiff closed escrow and took possession of the real property on or about March 9, 4 - COMPLAINT 1x.) 57nd Ix00?s] 2015. 26. Plaintiffs are informed and believe, and on that basis allege, that Seller breached the agreement by failing to disclose material and important information regarding the condition of the real property that was within Seller's knowledge as follows: the Rosenheim Mansion had been the featured location in the TV Series American Horror Story, Season One Murder House, which aired from October 5, 2011 through December 21, 2011, the Rosenheim Mansion had become a macabre tourist attraction for fans of the TV Show, (0) hundreds of fans of the TV show would come to the property, treSpass, attempt to break in, and created a signi?cant nuisance not . only for the Seller, but for the neighbors as well; that Seller failed to complete the repairs required under the Mills Act contract, yet Seller did take the tax breaks signi?cant defects in the condition of the property, including damage to the roof, gutters, signi?cant leaks, water intrusion and mold. 27. In the disclosure statement, seller, broker, and agent state that Seller was not aware of any signi?cant defects or malfunctions in any interior walls, ceiling, floors, exterior walls, roofs, windows or doors. Seller further denied knowledge of any neighborhood noise problems or other nuisances. 28. In the Questionnaire, Seller only disclosed that the ?ashing on the chimney was bent, had caused a leak, but it had been repaired in March of 2014. Seller denied any ongoing or recurring maintenance issues on the pr0perty. Other than the prior repair on the chimney ?ashing, Seller denied any knowledge of defects in the roof, gutters, chimney, windows, doors, or any other water intrusion or mold issues. 29. Plaintiff relied on the Seller's, Broker's, and agent's representations as set forth in the disclosure statement and the Questionnaire, and that reliance was reasonable. 30. Plaintiffs would not have closed escrowon the sale if they had known of the true facts. 31. As a result of seller's breach of the agreement, plaintiffs have been damaged in amounts to be proven at trial. Plaintiffs have suffered daily intrusions onto the property and property damage by fans of the TV show. Fans of the TV show have signi?cantly interfered with Plaintiffs use and 5 - COMPLAINT enjoyment of the Property. This nuisance has signi?cantly decreased the property value. Plaintiffs have been forced to erect a temporary fence to keep people off of the property, and have been cited by the City for doing so. Additionally, Plaintiffs have been forced to incur the cost and expense of correcting the defects and problems on the real property. SECOND CAUSE OF ACTION (Violation of Civil Code sections 1102 et seq Against All Defendants) 32. Plaintiffs incorporate by reference paragraphs 1 31 above. 33. Seller, Broker, and Agents owed Plaintiffs a duty under Civil Code sections 1102 et seq. to inspect and to disclose fully and fairly all facts that materially affect or relate to the condition of the real property and to disclose truthful and complete, rather than misleading, information. 34. Plaintiffs are informed and believe, and on that basis allege, that Broker and Agents failed to undertake an inquiry of Seller as to the condition of the property or to undertake a reasonably competent and diligent visual inspection of the real property to determine whether the items set forth in the disclosure statement were true. 35. Seller, Broker, and Agents failed to comply with the requirements of Civil Code sections 1102 et seq. by failing to supply required material information as to the condition of real property, and by instead supplying information that did not meet the requirements of these provisions, and these actions were not in good faith. . 36. As a result of the failures of Seller, broker, and agent to comply with Civil Code sections 1102 et seq, they are each liable in the amount of actual damages sustained by Plaintiffs as set forth in this complaint. THIRD CAUSE OF ACTION (Fraudulent Concealment Against All Defendants) 37. Plaintiffs incorporate by this reference paragraphs 1 through 36 of this complaint. 38. Seller deliberately concealed the true facts regarding the real property from plaintiff, and Broker and Agents either deliberately concealed the true facts known to them or failed to make any reasonable investigation to determine the true facts from which representations were made as . -5- COMPLAINT orthe condition of the real property to determine whether they were true or false, and without having any suf?cient basis on which to make any representations, knowingly made false representations, concealing the true condition of the real prOperty as set forth in this complaint. 39. Seller, Broker, and Agents concealed the facts when they each knew the true and correct facts regarding the real property. 40. The concealment of the true facts from Plaintiffs was done with the intent to induce Plaintiffs to close escrow on the transaction. 41. Plaintiffs' reliance on statements made by Seller, Broker, and Agents was justi?ed in that the Seller had owned the real property for a number of years and the Broker and Agents had access to information known to the Seller or could ascertain it by a reasonably competent and diligent investigation and inspection. 42. As a proximate result of the fraud and deceit alleged, plaintiffs were induced to purchase the real property, and have been damaged as set forth in paragraph 27. 43. Plaintiffs' damages include out-of-pocket costs and expenses, devaluation of the preperty and loss of use of the real property. 44. Seller, Broker, and Agents acted with oppression, fraud, and malice as de?ned in Civil Code section 3294, and plaintiffs are entitled to punitive damages to make an example of and to punish these defendants in addition to actual damages. FOURTH CAUSE OF ACTION (Negligence, Against the Broker Defendants) 45. Plaintiffs refers to paragraphs 1 44 of the allegations above and by this reference incorporate the same as set forth in full herein. 46. Plaintiffs plead the following cause of action for negligence as an altemative theory of liability against defendants. (Tanforan V. Tanforan (1916) 173 Cal. 270, 273.) 47. Defendant Brokers had a legal duty to Plaintiffs to properly disclose and provide advice regarding material issues in the sale of the subject property. For example, Defendant Brokers had a duty to advise Plaintiffs regarding items appearing in the preliminary title report. - 7 - COMPLAINT CE) ?if! is?) CD on 48. Plaintiffs reasonably relied on the Defendants? purported expertise in the purchase and sale of the subject property. 49. Defendants failed to properly disclose and advise material issues during the sale of the subject property, and as a result, caused Plaintiffs to suffer considerable ?nancial loss. 50. Defendant Brokers knew that Plaintiffs would have to rely on Defendants? expertise, disclosures and advice. I 51. It was reasonably foreseeable to Defendant Brokers that Plaintiffs would rely upon the skill, diligence, ability and reasonable care of Defendants in carrying out these duties. 52. Defendant Brokers, and each of them, failed to exercise reasonable care and skill in carrying out these duties. 53. Had Defendant Brokers exercised proper care and skill, Plaintiffs would not have suffered monetary damages. 54. As a proximate result of the negligence of Defendant Brokers, and each of them, Plaintiffs have suffered substantial monetary damages. FIFTH CAUSE OF ACTION (Breach of Fiduciary Duty, Against the Broker Defendants) 55. Plaintiffs refers to paragraphs 1 44 of the allegations above and by this reference incorporate the same as set forth in full herein. 56. At all times relevant herein, Defendant Coldwell Banker was the broker and Defendants Apelian and Rey were the real estate agents involved with the sale of the Subject Property. Plaintiffs are informed and believe that Defendants Rey and Apelian were acting as the express agent for Coldwell Banker at all times and were acting within the course and scope of their agency. 57. Plaintiffs are informed and believe that Defendants Rey and Apelian were the listing agents for the Subject Property. Plaintiffs further believe that Defendants Rey and Apelian had worked with Seller to prepare the Subject Property for listing and sale and had been doing so for several months prior. to meeting Plaintiffs. -3- COMPLAINT a) 'e-58. Plaintiffs and Defendants Coldwell Banker and Rey and Apelian agreed to represent Plaintiffs in the purchase of the Subject Property. The Broker Defendants also served as the representative of Seller. Plaintiffs understood that these Defendants were acting in a dual agency capacity. I 5 9. Plaintiffs are informed and believe that the existence of the contractual agreement between Plaintiffs, Seller and Broker/Agent created a ?duciary relationship wherein these Defendants had a duty to act with utmost care, good faith, and integrity to Plaintiffs throughout the sale process and up to the date Plaintiffs closed escrow and took possession of the Subject Property. 60. Under the terms of the agreement to act as a dual agent, the Broker Defendants were required to 1) diligently exercise reasonable skill and care in performance of their duties relating to the sale of the Subject Property; 2) to act honestly and in good faith and fair dealing with Plaintiffs throughout the purchase and sale process; and 3) to disclose all facts known to them that materially affected the value or desirability of the Subject Property that were not known to, or within the attention or observation of Plaintiffs. 61. Plaintiffs are informed and believe that the Broker Defendants breached their duties under the dual agency agreement when they failed to act in Plaintiffs? best interest and in good faith by failing to disclose material and important information regarding the condition of the real property that was within Seller's knowledge, including, the Rosenheirn Mansion had been the featured location in the TV Series American Horror Story, Season One - Murder House, which aired from October 5, 2011 through December 21, 2011, the Rosenheim Mansion had become a macabre tourist attraction for fans of?the TV Show, (0) hundreds of fans of the TV show would come to the property, trespass, attempt to break in, and created a signi?cant nuisance not only for the Seller, but for the neighbors as well; that Seller failed to complete the repairs required under the Mills Act contract, yet Seller did take the tax breaks signi?cant defects in the condition of the pr0perty, including damage to the roof, gutters, signi?cant leaks, water intrusion and mold. Plaintiffs are informed and believe that the Defendant Brokers had been working with the Seller - 9 - COMPLAINT rat: m3 C53 for over a year to sell the Subject Property and had knowledge, based upon his extensive history with Seller and the Property, of the condition of the Property. 62. Plaintiffs are informed and believe that the breaches of the obligations arising under the Dual Agency Agreement amount to a breach of these Broker Defendants? ?duciary duties of good faith, integrity, honesty, utmost care and loyalty to Plaintiffs. 63. As a direct and proximate result of Broker Defendants? breaches of their ?duciary duties, Plaintiffs have suffered monetary damages in an amount subject to proof at time of trial plus interest at the maximum legal rate. I 64. The Broker Defendants and DOES 1 through 100, inclusive, and each of them, engaged in this conduct with oppression, fraud, and/or malice, and with the speci?c intent to damage Plaintiffs. As a result, Plaintiffs are entitled to exemplary and punitive damages against the Broker Defendants. WHEREFORE, plaintiffs demand judgment against defendants for the following: 1. For compensatory damages against Sellers, Broker and Agents in amounts to be proven at trial. 2. For prejudgment interest at the legal rate; 3. For punitive damages, 4. Reasonable attorney fees and costs according to proof; 5. For such other and further relief as this court may deem just and proper. Dated: February 6, 2018 THE VANDERPOOL LAW FIRM NW4 E. Douglas B. Vanderpool, Attorneys for Ernst von Schwarz, MD and Pier Angela Oakenfold 10 - COMPLAINT "h Exhibit 1 DocuSlgn Envelope ID: A L1 1: 1 A CALIFORNIA - I: A JOINT RC- OF A 8 (CAR. Form Revised 11114) Date Prepared: 1211212014? 0 1. OFFER: A- THIS IS AN OFFER FROM B. THE REAL PROPERTY to be acquired is 1120 Westchet'rtarPiace, LosAnqefes, CA 90019 ,siluated in Los Andeias (City). LosAncLefes County. California. Code) Assessor?s Parcel No. 5081-019-016 C. THE PURCHASE PRICE offered is Three Million - Dollars 5 0 D. CLOSE OF ESCROW shall occur on (date)(or Days Alter Acceptance). Buyer and Seller are referred to herein as the 'Parties." Brokers are not Parties to this Agreement 2. AGENCY: A. DISCLOSURE: The Parties each acknowledge receipt of a IZI'Disotosure Regarding Real Estate Agency Relationships? (CAR. Form AD). 8. CONFIRMATION: The following agency relationships are hereby con?rmed for this transaction: Listing Agent Caldwell Banker Residential Brokerage (Print Firm Name) is the agent of (check one): I Seller or I_ijoth the Buyer and Seller. 0 Selling Agent Caldwell BankerRes-fdentlal Bmkeraqd (Print Firm Name) (if not the same as the Listing Agent) Is the agent of (check one):: I-the Buyer exclusively; or_] the Seller exclusively; org?(Ioan the Buyer and Seller. C. POTENTIALLY COMPETING BUYERS AND SELLERS: The Parties each acknowledge receipt of a IZ'Possible Representation of More than One Buyer or Seller- Disclosure and Consent? (0. AR. Form PRES). 3. FINANCE TERMS: Buyer represents that funds will be good when deposited v'Ilth Escrow Holder. A. INITIAL DEPOSIT: Deposit shall be In the amount of (II Buyer_ Direct Deposit: Buyer shall deposit directly to Escrow Holder by electronic funds 0 transfer. :cashlers check :7 personal check, other within 3 business days aiter_Acceptance (or OR '-Buyer Depositwith Agent: Buyer has given the deposit by personal check (or to the agent submitting the offer (or to made payable to .The deposit shall be held uncashed unliIAccepIanoe and then deposited with Escrow Holder within 3 business days after Acceptance (or I. Deposit checks given to agent shall be an original signed check and not a copy. gNote: initial and increased deposits checks received by agent shall be recanted in Brokerstrust fund log.) 0 B. INCREASED DEPOSIT: Buyer shall deposit with Escrow Holder an increased deposit In the amount of 3 within __Days After Acceptance (or It the Parties agree to liquidated damages In this Agreement. they also agree to incorporate the increased deposit into the liquidated damages amount in a separate liquidated damages clause (CA..R Form the time the increased deposit is delivered to Escrow Holder. 6. ALL CASH OFFER: No loan is needed to purchase_ the Property. Written verification of suf?cient funds to close this transaCIion IS ATTACHED to this offer or; _IBuyer shall within 3 (or Days After 0 Acceptance Deliver to Seller such veri?cation. D. LOANIS): (1) FIRST LOAN: in the amount of This loan will be conventional financing orI.- -FHA VA I 'Setler financing (CHAR Form SPA), I assumed financing (C. A. R. Form Other .This loan shall be at a ?xed rate not to exceed 4.125 or I__jan adjustable rate loan with initial rate not to exceed Regardless ofthe type of loan. Buyer shall pay points not to exceed of the. loan amount. (2) . LOAN in the amount of 0 This loan will be conventional ?nancing or i Seller linancing (C. A R. Form assumed ?nancing to AR Form are) :?Iomer .Thls loan shall be at a head rate not to exceed on: ten adjustable rate loan with initial rate not to axoeed Regardless of the type of loan Buyershall pay points not to exceed oi the loan amount. (3) FHANA: For any FHA or VA loan speci?ed In 30(1). Buyer has 17 (or I Days Alter Acceptance to Deliver to Seller written noUce (CAR. Form FVA) of any lender-required repairs or costs that Buyer requests Seller to pay for or otherwise correct. Seller has no obligation to pay or satisfy lender 05:, requirements unless agreed in writing. A FHANA amendatory clause (CAR. Form FVAC) shall be a MI part of this transaction. E. ADDITIONAL FINANCING TERMS: CE) F. BALANCE OF DOWN PAYMENT OR PURCHASE PRICE in the amount of EIMQMQ to be depositedwilh Escr biplder pursuant to Escrow Holder instructions. as G. PURCHAS ICE (T . Buyer's Initials( It i Seller?s initicIsI 01? '3 1991- H2014 Asaoctallon of Inc RPA-CA REVISE 11l14 (PAGE 1 OF 10) CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT PAGE 1 OF 10) N. (?eno- Urns lieu-rh- A 90110 Phone: IJIJIIN- 4?00 roam! Produced with zipForI-no byalpLong 18070 Fifteen Mile Road. Fraser. Michigan 48025 IBM. 4! ms DocuStgn Envelope lD: C8022138-A4D 1 -4B 1 EB. ADA966A6A91 on in?) {Pf-n) in.) C31.) Qt) Property Address: WM Date: Whamm? H. VERIFICATION OF DOWN PAYMENT AND Buyer (or Buyer?s lender or loan broker pursuant to paragraph 3J(t)) shall. wit__h'ln 3 Days After Acceptance. Deliver to: Seller written veri?cation of Buyer?s down payment and closing costs. Veri?cation attached.) 1. APPRAISAL CONTINGENCY AND REMOVAL: This Agreement is (or I is NOT) contingent upon a written appraisal of the Proberty by a licensed or certi?ed appraiser at no less than the purchase price Buyer shall. as speci?ed In paragraph 148(3). In writing. remove the appraisal-contingency or cancel this Agreement-within 17 Days After Acceptance. J. LOAN TERMS: . (1) LOAN APPLICATIONS: Within 3 (or Days After Acceptance Buyer shall Deliver to Seller a letter from Buyers lender or loan broker stating that. based on a review of Boyers written application and credit report. Buyer? iS prequalIl? ed or preappmVed for any NEW loan speci?ed In paragraph SD. If any loan speci?ed In paragraph SD is an adjustable rate loan. the prequali?cation or preapprovat letter shall be based on the qualifying rate. not the initial loan rate. (2 Letter attached.) (2) LOAN CONTINGENCY: Buyer shall act diligently and In good faith to obtain the designated loan(s). Buyer?s quali?cation for the Ioants) specified above' :3 a contingency of this Agreement Unless otherwise agreed in writing. If there' Is no appraisal contingency or the appraisal contingency has been waived or removed then Ialture of the Property to appraise at the purchase price does not entitle Buyer to exercise the cancellation right pursuant to the loan contingency if Buyer is otherwise quali?ed for the speci?ed loan. Buyer's contractual obligations regarding deposit. balance of down payment and closing costs are not contingencies of this Agreement. LOAN CONTINGENCY REMOVAL: Within 21 (or Days After Acceptance. Buyer shall. as speci?ed in paragraph 14. In writing. remove the loan contingency or cancel this Agreement. If there Is an appraisal centingency. removal oi the loan contingency shall not be deemed removal of the appraisal contingency. LOAN CONTINGENCY. Obtaining any loan speci?ed above Is NOT a contingency of this .A.greement if Buyer does not obtain the loan and as a result does not purchase the Property. Seller may be entitled to Buyer?s deposit or other legal remedies (5) LENDER LIMITS ON BUYER CREDITS: Any credit to Buyer. from any source, tor closing or other costs that Is agreed to by the Parties ("Contractual Credit") shall be disclosed to Buyer?s lender. if the .total credit allowed by Buyer?s lender ("Lender Allowabie Credtl') Is less than the Contractual Credit. then the Contractual Credit shall be reduoed to the Lender Allowable Credit. and (iI) in the absence of a separate written agreement between the Parties. there shall be no automatic adjustment to the purchase price to make up for the difference between the Contractual Credit and the Lender Allowable Credit. BUYER STATED FINANCING: Seller Is relying on Buyer's. representation of the type of ?nancing speCII' ed (Including but not iim: ted to, as applicable. all cash. amount of down payment. or contingent or non- -contingent loan). Seller has agreed to a speci?c closing date. purchase price and to sell to Buyer' In reliance on Buyer's covenant concerning ?nancing. Buyer shall pursue the ?nancing speci?ed In this Agreement. Seller has no obligation to cooperate with Buyer's efforts to obtain any ?nancing other than that speci?ed In the Agreement and the availability of any such alternate ?nancing does not excuse Buyer from the obligation to purchase the Property and close escrow as specli' ed in this Agreement 4. SALE OF PROPERTY. A. This Agreement and Buyer's ability to obtain ?nancing are NOT contingent upon the sale of any property owned by Buyer. OR B. rLjfihis Agreement and Buyer?s ability to obtain ?nancing are contingent upon the sale of property owned by Buyer as spectt' ed in l"'lhe attached addendum (C. A. R. Form COP) 5. ADDENDA AND ADVISORIES: A. - nAddendumt?i (CAR. Form ADM) iBack Up OIIerAddanclum (CAR. Form BUO) lCourt Con?rmation Addendum ICAR. Form CCA) . 3 Septic. Well and Property Monument Addendum (CAR. Form LShort Sale Addendum Form SSA) Other 8. BUYER AND SELLER ADVISORIES: ?718qu5 Inspection Advisory (CA R. Form BIAL Statewide Buyer and Seller (C. A. R. Form SBSA) Probate Advisory (CAR. Form PAK) I'I?r'ustAdvismy (CAR. Form TA) REC) Advisory (C. A. Form REO) Short Sale tnfon'nation and Advisory (C. A R. Form SSU 5 Other Market Conditions AdvI?sog/ 6. OTHER TERMS: wm bra made by collar ALLOCATION OF COSTS A. INSPECTIONS. REPORTS AND CERTIFICATES: Unless otherwise agreed in writing. this paragraph only determines who Is to pay for the inspectron. test. certi?cate or service (?Report") mentioned: It does ndtdetorrnine who is to pay for any work recommended or identi?ed in the Report. jauyer X-Seller shall pay fora natural haZard zone disclosure report. Including tax . jenvironmental :XOther: CLUE Report prepared WWI) (2) gBuyer-g "'Seller shall pay for Ihpe following Report prepared by (3) QWBuyer Seller shall pay tor the following Report prepared by 08 Produced Min zIpFormby zIpLopIx 18070 Fittaen Mrio Rand. Flour. ?them 46025 earn-nu DB . . Buyer's tnttialsl Fag) Seller'slnitialst I RPA-CA ED 10) . CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT (RPA- -CA PAGE 2 OF 10) =3ng DocuSign Envelope ID: Property Address: Dale: Willie?? B. GOVERNMENT REQUIREMENTS AND RETROFIT: 0 (1). Buyer; Seller shall pay for smoke atarrn and carbon monoxide device Installation and water heater bracing, If required by Law. Prior to Close Of Escrow .Setler shall provide Buyer written statement(s) of compliance In accordance with state and local Law unless Seller IS exempt (2) (I) '=_XBuyeri (Seller shall pay the cost of compliance with any other minimum mandatory government inspections and reports it reguired as a condition of closing escrow under any Law. (ii) Seller shall pay the cost of compliance with any- other minimum mandatory government retro?t standards required as a condition of closing escrow under any Law. Whether the work Is required to be completed before or after COE. Git) Boyer shall be provided. within the time spent? ed to paragraph 14A. a copy of any required government conducted or polnt?of-saie inspection report prepared pursuant to this Agreement or in anticipation of this sale of the Property. C. ESCROW AND TITLE: (It Buyerr: Seller shall pay escrow feo each pay own Escrow Holder shall be Mishire Escrow- Eric Strep/felt . The Parties shall. within 5 Days After receipt sIgn and return Escrow Holder's general provisions. (2) (Buyer: :XSelter shall pay for owners title insurance policy speci?ed in paragraph 13E Ownefs title policy to be issued by Eq . Mam (Buyer shall pay for any title insurance policy insuring Buyer's lend_.er unless otherwise agreed In writing OTHER COSTS: (1)1 Buyerf__;X Seller shall pay County transfer tax or fee (2) Buyer X-Selier shall pay City transfer tax or fee Buyer. .Setler shall pay Homeowners' Association transfer fee (4) Seller shall pay HOA fees for preparing documents required to be delivered by Civil Code ?4525. (5)r . :Buyen :Selier shall pay HDA fees for preparing all documents other than those required by Civil Code ?4525. (6): .Buyer?Seiler shall pay for any private transfer fee (7) Buyer Seller shall pay for (8) I Buyer shall pay for . . "hi-Buyer? Seller shall pay for the cost not to exceed 5 I of a standard (or igupgraded) one- year home warranty planFissued by with the following opiionaicoverage's: L- ."iAIr TOI er: Buyer is informed that home warranty plans have many Optional co erages in addition to those listed above. Buyer Is advised to investigate these coverages to determine those that may be suitable for Buyer. ORI Buyer Waives the purchase of a home Warranty plan. Nothing in this paragraph precludes Buyers purchasing a home warranty plan during the term of this Agreement. 8. INCLUDED IN AND EXCLUDED FROM A NOTE TO BUYER AND SELLER: items listed as included or excluded In the MLS ?yers or marketing materials are not B. inciuded In the purchase price or excluded from the sale unless speci?ed In paragraph 8 or C. ITEMS INCLUDED IN SALE: Except as otherwise speci?ed or disclosed. (1) All EXISTING ?xtures and ?ttings that are attached to the Property; (2) EXISTING electrical. mechanical. lighting. plumbing and heating ?xtures. ceiling fans. ?replace inserts. gas logs and grates. solar power systems. built-in appliances. window and door screens. awnings. shutters. window coverings. attached floor coverings. television antennas. satellite dishes. air coolersfconditioners. pool/spa equipment. garage door openersfremote controls. mailbox. in-ground landscaping. water features and fountains. water softeners wal_er puri?ers, security systemslalarrns and the following If checked: 96 all stove(s). exoepl .X all refrigerator(s) except :tjdailwasheds) and dryer(s). except (3) Existing integrated phone and home automation systems. including necessary components such as intranet and Internet- connected hardware or devices control units (other than non- d-edlcated mobile devices. electronics and computers) and applicable software. permissions passwords. codes and access information. are (I jars NOT) included in the sale. (4) OR LIENED ITEMS AND SYSTEMS. Seller shall. within the time speci?ed in paragraph 14A. disclose to Buyer if any Item or system speci?ed in paragraph BB or otheiwise included In the sale ts leased. or not ovrned by Seller. or speci?cally subject to a lien or other encumbrance. and (ii) Deliver to Buyer all written materials (such as lease. warranty etc) concerning any such item Buyer?s ability to assume any such lease. or willingness to accept the Pr0perty sub)ect to any such lien or encumbrance. is a contingency of this Agreement as speci?ed in paragraph 148. (5) The following additional items. (6) Seller represents that all items included in the purchase price. unless otheIwise speci?ed. (I) are owned by Seller and shall be transferred free and clear of liens and encumbrances. except the items and systems identi?ed pursuant to 88(4) .and (ii)_are transferred without Seller warranty regardless of value.? EXCLUDED FROM SALE: Unless otherwise speci?ed. the following items are excluded from sale: (I) audio and video components (such as ?at screen TVs speakers and other items) if any such item Is not Itself attached to the Property. even Ii a bracket or other mechanism attached to the Component or item IS attached to the Property; furniture and other Items secured to the Property for earthquake purposes; and (Iii) audiolvjdeo equipment all automotive equfoment .Brackota attached to walls. floors or ceilings to ymuchcomponent. furniture or item emain wit tpi?ioperw (will be removed and holes or other damage-51mm, but not painted). Buyers Inltials( Seller's Initials 11/14 (PAGE 3 OF 10) CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT (RPA- -CA PAGE 3 OF 10) 25W Produced with :ipForm!) by zipLogu 18070 Fdloen MIio Road. Fraser. Michigan 480 rem-mi DocuSign Envelope ID: 080221 Property Address: We Date: 3. CLOSINS AND POSSESSION: A. Buyer intends (or ideas not intend) to occupy the Property as Buyer's primary residence. B. Seller-occupied or vacant property: Possession shall be delivered to .Buyer: stud PM or PM) on the date ofCIbse Of Escrow; (ii) .no later than _cetendardays after Close Of Escrow; PM Seller remaining in possession After Close 0f Escrow: Ii Seller has the right to remain in possession alter Close OI Escrow. the Panies are advised to sign a separate occupancy'agreement such as CAR. Form SIP. for Seller continued occupancy of less than 30 days. i_Xs CAR. Form RLAS for Seiter?continued occupancy of 30 days or more; and (ii) the Parties are advised to consult with their insurance and legal advisers. for information about liability and damage or injury to persons and personal and real property: and Buyeris advised to consult with Buyer?s tender about: the impact of Seller's occupancy on Buyer's loan. . Tenant-occupied property: Property shall be Vacant at least 5 (or 3 Days Prior to Close Of Escrow. unless otherwise agreed in writing. Note to Seller: If you are unable to deliver Property vacant in accordance with rent control and other applicabte?Law. you may be in breach of this Agreement. g-Tenant to remain in possession (CAR. Form TIP). E. At Close 0i Escrow: Seller assigns to Buyer any assignable warranty rights for items Included In the sale: and Seller shall Deliver to Buyer available Copies ofany such warranties;'Broke'rs cannot and will not determine the of any warranties. F. At'Closa Of Escrow. unless otherwise agreed in writing. Seller shall provide keys. passwords. codes andlor means to operate all locks. mailboxes. security systems. alarms. home automation systems and intranet and internet-c?onhecied devices included in the pu-chase price. and garage door openers. if the Property is a condominium or located in a common interest subdivision. Buyer may be required to pay a deposit to the Homeowners' Association to obtain keys to accessible HOA facilities. 10. STATUTORY AND OTHER DISCLOSURES (INCLUDING LEAD-BASED PAINT HAZARD DISCLOSURES), AND CANCELLATION RIGHTS: A. (1) Seller shall. within the time speci?ed in paragraph 14A. Deliver to Buyer: if required by Law. a fully completed: Federal Buyer?s Initj? Lead-Based Paint Disclosures (C.A.R. Form FLD) and pamphlet t'Lead Disclosures?): and (it) unless exempt. fully completed disclosures or notices required by sections 1102 et. seq. and 1103 a. seq. of the Civil Code (?Statutory Disciosures'). Statutory Disclosures Include. but are not limited to. a Real Estate Transfer Disclosure Statement Natural Hazard Disclosure Statement notice or actual knowledge oi release of Illegal controlled substance. notice of special tax andror assessments (or. if allowed. substantially equIVaient notice regarding the Motto-Boos Community Facilities Act of 1982 and improvement Bond Act of 1915) and. if Seller'has actual knowledge. of industrial use and military ordnance location (CAR. Form SP0 or 880). (2) Any Statutory Disclosure required by this paragraph is considered fully completed If Seller has answered all questions and completed and signed the Seller the Listing Agent. it any. has completedand signed the Listing Broker sectionfs?). or. if applicable. an Agen?tVtsuai inspection Disalosure (CAR. Form AVID). Nothing stated herein relieves a Buyers Broker. if any. from the obligation to (it conduct a reasonably competent and diligent'visuat inspection ofthe accessible areas of the Property and disclose. on Section IV of the TDS. or an AVID. material facts affecting the tralue or desirability of the Property that were'or should have been revealed by such an inspection or (ii) complete any sections on all disclosures required to be completed by Buyer?s Broker. (3) Note'to Buyer and Seller: Waitrer of Statutory and Lead Disclosures is} prohibited by Law. (4) Seller. unless exempt from the obligation to provide a TDS. shall. within the time speci?ed In paragraph 14A. complete and provide Buyer with a Seller Property Questionnaire (CAR. Form OR 3 SUppIamentat Contractual and Statutory Disclosure (CAR. Form 380). (5) Buyer shall. within the time speci?ed in paragraph 148(1). return Signed Copies of the Statutory. Lead and other disclosures to Seller. (6) in the event Seller of Listing Broker. prior to-Ciose OI Escrow. becomes aware of adverse conditions materially affecting the Property. or any material inaccuracy in disclosures. inforrnation orcreprasentations previously provided to Buyer. Seller shall provide a subsequent or amended disclosure or notice. in writing. covering those items. However. a subsequent or amended disclosure shall not be required for conditions and material lnaccuracies of which Buyer is otherwise aware. orwhich are disclosed in reports provided'to or obtained bytauyer or ordered and paid for by Buyer. (7) if any disclosure or notice speci?ed in paragraph toAtt). or subsequent or amended disclosure or notice is Delivered to Buyer after the offer Is Signed. Buyer shall have. the right to cancelithis Agreement within 3 Days, Alter Delivery in person. or 5' Days After Delivery by deposit in the mail. by giving written-notice ofcancellatloh to Seller or Seller's agent. . NATURAL AND ENVIRONMENTAL HAZARD DISCLOSURES AND OTHER BOOKLETS: Within the time speci?ed in paragraph 14A. Seller shall. if required by Law: (I) Deliver to Buyer earthquake gulde(sl (and questionnaire). environmental hazards booklet. and home energy rating pamphlet; (it) disclose it the Property is located In a Special Flood Hazard Area: Potential Flooding (inundation) Area: Very High Fire Hazard Zone: State Fire .ReSponslbiliiy Area; Earthquake Fault Zone: and Seisnic Hazard Zone: and disclose any other zone as required by Law'and provide any other information required for those zones. . WITHHOLDING TAXES: Within the time speci?ed in paragraph 14A. to avoid required withholding. Seller shall Deliver to Buyer or substitute. an af?davit suf?cient to comply with federal (FIRPTA) and California withholding Law (CAR. Form AS orQS). . LAW DATABASE DISCLOSURE: Notice: Pursuant to Section 290.46 of the Penal Code. information about speci?ed registered sex offenders is made available to the public via an Internet Web site maintained by the Department of Justice at Depending on an olfender?s. criminal history. this Information will include either the address at which the offender resides or thecommunity of residence and ZIP Code In which he or she resides. (Neither Seller nor Brokers are requt'ed to chedt this website. If Buyer wants further Information. Broker recommends that Buyer obtain information from this website during Buyer's Inspection contingency period. Brokers do not have :expertlsein this area.) NOTICE REGARDING GAS AND HAZARDOUS LIQUID TRANSMISSION PIPELINES: This notice is being provided simply to inform you that Information about the general location ,of gas and hazardous liquid transmission pipelines is available to the public via the National Pipeline Mapping System_ (NPMS) intemet Web, site maintained by the United States Department of Transportation at To seek further inforrnetion about possible transmisslo pipelines near the Property. you may contact your legal gas utility or other pipeline Operators in the area. Contacti atlonforpt per-atorsis searchabie byZiP Code and county onthe e'ilileh at e. - WW) Seiier?sinlliale( ?9 i i ED 11/14 (FAG 10) can? CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT PAGE 4 OF 10) wide-slam Producttd with zipForn'to by zIpLong tam-rum?: Milo Road. Fraser. 48028 M?llnf 0 0 DocuSlgn Envelope ID: 08022188-A401-431E-8. Property Address: score F. DISCLOSURES: (1) SELLER HAS: 7 (or Days After Acceptance to disclose to Buyer ii the Property is a condominium. or is located in a planned development or olh?errcommonlnterest subdivision (C.A.R. Form SP0 or 880). (2) If the Property is a condominium or is located in a planned development or other common interest subdivision. Seller has 3 (or i Days After Acceptance to request from the HOA (CAR. Form (I) Copies of any documents required by Law; (ii) disclosure of any pending or anticipated claim or litigation by or against the HOA: (ill) a statement containing the location and number of designated parking and storage spaces; (Iv) Copies of the most recent 12 months of minutes for regular and-special meetings; and the names and contact information of all HOAs governing the Property (collectively. "Cl Disclosures'). Seller shall itemize and Deliver to Buyer all Cl Disclosures received from the HQA and any Cl Disclosures in Seller?s possession. Buyer's approval of Cl Disclosures is a contingency of this Agreement as speci?ed In paragraph 148(3). The Party speci?ed in paragraph 7. as directed by escrow. shall deposit funds into escrow or direct to HOA ormanagement company to pay for any of the above. 11. CONDITION OF PROPERTY.- Unless otherwise agreed in writing: (I) the Property is sold in its PRESENT physical condition as of the date of Acceptance and subject to Buyer?s Investigation rights; (it) the Property. including pool. spa. landscaping and grounds. is to be maintained in substantially the same condition as on the date of Acceptance; and (ill) all debris and personal property not included in the sale shall be removed by Close Of Escrow. A. Seller shall. within the time speci?ed in paragraph 14A. DISCLOSE KNOWN MATERIAL FACTS AND DEFECTS affecting the Property. including known Insurance claims within the past ?ve years. and make any and all other disclosures required bylaw. 8. Buyer has the right to conduct Buyer InVesllgatlons of the Property and. as speci?ed in paragraph 143. based upon infonnatlon discovered in those investigations: (I) cancel this Agreement: or (Ii) request that Seller make Repairs or take other action. C. Buyer Is strongly advised to conduct investigations of the entire Property In order to determine its present condition. Seller may not be aware of all defects affecting the Property or other factors that Buyer considers important. Property improvements may not. be built according to code. in compliance with durront Law. or have hadpermits Issued. 12. INVESTIGATION OF PROPERTY AND MATTERS AFFECTING PROPERTY: A. Buyer's acceptance of the condition of. and any other matter attesting the Property. Is a contingency of this Agreement as speci?ed in this paragraph and paragraph 143. Within the time speci?ed in paragraph 143(1). Buyer shall have the? right. at B'uyer's expense unless otherwise agreed. to conduct inspections. anelstigations. tests. surveys and other studies (?Buyer Investigations"). Including. but not limited to. the right to: inspect for lead-based paint and other lead-based paint hazards: (Ii) inspect for wood destroying pests and organisms. Any inspection for wood destroying pests and organisms shall be prepared by a registered Structural Pest Control company: shall cover the main building and attached structures: may cover detached structure's; shall NOT Include water tests of shower pans on upper level units unless the owners of property below the shovrsr consenl;' shall NOT include roof coverings; and. ii the Propany Is a unit in a condominium or other common Interest subdivision. the inspection shall include only the separate interest and any exclusive- use areas being transferred. and shall NOT include common areas; and shall. Include a report ('Pest Control Report') showing the ?ndings of the company which shall be separated into sections for evident infestation or infections (Section 1) and for conditions likely to lead to infestation or infection (Section till) review the registered sex offender database; (iv) con?rm the lnsurability of Buyer and the Property including the availability and cost of flood and tire insurance; review and seek approval of leases that may need to be assumed by Buyer. and (vi) satisfy Buyer as to any matter speci?ed in the attached Buyers inspection Advisory (C.A.R. Form?BiA). Without Seller's prior written consent. Buyershall neither make nor cause to be made: Invasive or destructive Buyer Investigations except to the extent required to prepare a Pest Control Report; or (If) inspections by any governmental-building or zoning Inspector or government employee. unless required by Law. B. Seller shall make the Property available for all Buyer investigations. Buyer shall as speci?ed in paragraph 148. complete Buyer investigations and either remove the contingency or? cancel this Agreement. and (it) give Seller, at no cost. complete Coples of all such Investigation reports obtained by Buyer. which obligation shall survive the termination Agreement. Seller shall have water, gas. electricity and all operable pilot lights on for Buyers Investigations and through the date possession Is made available to Buyer. 0. and seller protection for entry upon property: Buyer shall: (I) keep the Property free and clear oftions; (ll) repair all damage arising from Buyer Investigations; and (ill) and hold Seller harmless from all resulting liability. claims. demands. damages and costs. Buyer shall carry. or Buyer shall require anyone acting on Buyer's behalf to carry. policies of liability. workers' compensation and other applicablelnsurance. defending and protecting Seller from liability for any injuries to persons-or property occurring during any Buyer Investigations orwork done on the Property at Buyer?s direction prior to Class Of Escrow. Seller is advised that certain protections may be afforded Seller by recording a ?Notice of (C.A.R. Form NNR) for Buyer investigations and work doneon the Property at Buyer's-direction. Buyer's obligations under this paragraph shall survive the termination of this Agreement. 13. TITLE AND VESTING: A. Within the time smci?ed in paragraph 14. Buyer shall be provided a current preliminary title report (?Prellminary Report?). The Preliminary Report'ls only an offer by the Iiilein'surer to issue a policy of title insurance and may not corllaln every item affecting title. Buyers review of the Preliminary Report and any other matters, which may effectt?rtle are a contingency of this Agreement as speci?ed in paragraph 148. The company providing the Preliminary Report shall. prior to issuing a Preliminary Report. conduct a search of the General index for all Sellers except banks or other institutional lenders selling properties they acquiredithrough' foreclosure (REOs). corporations. and govemment entitles. Seller shall within 7 Days AfterAcceptance. give Escrow Holder 3 completed Statement of Information. B. is taken in Its present condition subject to all encumbrances. easements. covenants. conditions. restrictions. rights and other matters. whether of record or not. as of the date of Acceptance except for. monetary liens of record (which Seller is obligated to pay oft) unless Buyer is assuming those obligations or taking the Property subject to those obligations: and (It) those matters which Seller has agreed to remove in writing. C. Within the time speci?ed in paragraph 14A. Seller has a duty to disclose to Buyer all matters known to Seller affecting title. whether oi record or not. 0. At Close 0f Escrow. Buyer shall receive a grant deed conveying title (or. for stock cooperative or long-term lease. an assignment of stock cortirl to or of Seller's leasehold interest). Including oil. mlneralzand water rights if currently owned by Seller. Title shall vest as do ted in supplemental escrow Instructions. THE MANNER OF TAKIN use MAY HAVE SIGNIFICANT LEGALA IAX CONS QPEWES. CONSULTAN APPROPRIATE PROFESSIONAL. . Buyer's Initial RPA-CA REVISED 11114 (PAS 10) . CALIFORNIA PURCHASE AGREEMENT (RPA-CA PAGE 5 OF 10) Procucouwlln zipFormo by :IpLona: isoro Fifteen into fiend. Fraser. Michigan 48026 Wm runuitt .0 0 0w DocuSign Enve ope ID: C80221 ADAQGBASAQI Preperty Addratss W08 ate: E. Buyer shall receive a CLTAIALTA ?Homeowners Policy of Title Insurance', if applicable to the type of property and buyer. it not. Escrow Holder shall notify Buyer. A title company can provide information aboUt the availability. coverage, and cost of other title policies and codersements. If the HomeOWner?s Policy is not available. Buyer shall choose another pulley. Instruct Escrow Holder in writing and shall pay any Increase In cost. 14. TIME REMOVAL OF CANCELLATION RIGHTS: The following time periods may only be extended altered modified or changed by mutual written agreement. Any remoVai of contingencies or cancellation under this paragraph by either Buyer or Seller must be exercised In good faith: and? In writing (C. All. Form CR or CO). A. SELLER HAS: 7 Days After Acceptance to Deliver to Buyer all Reports disclosures and information for which Seller is responsible under paragraphs 5. 6 183(4). 10A.B and F. 11A and 13A. If. by the time speci?ed. Seller has not delivered any such item. Buyer after ?rst Delivering to Seller a Notice to Seilerto Perform (C. AR. Form NSP) may cancel this Agreement 8. (1) BUYER HAS: 17 (or_LL) Days After Acceptance. unless otherwise agreed In writing, to: complete all Buyer Investigations; review all disclosures. reports lease documents to be assumed by Buyer pursuant to paragraph 83(4). and other applicable Information. which Buyer receives from Seller; and approve all matters sheeting the Property; and (it) Deliver to Seller Signed Copies of Statutory and Lead Disclosures and other disclosures Delivered by Seller In accordance with paragraph 10A. (2) Within the time speci?ed in paragraph 148(1); Buyer may request that Seller make repairs or take any other action regarding the Property (C. A. R. Form RR). Seller has no obligation to agree to orirespond to (CA R. Form Buyer's requests. (3) By the end of the time speci?ed in paragraph 148(1) (or as otherwise speci?ed in this Agreement). Buyer shall Deliver to Seller a removal of the applicable conUngency or cancellation (CAR. Form CR or CC) of this Agreement. However. If any report. disclosure or Information for which Seller is responsible is not Delivered within the time specit? ed in paragraph 14A. than Buyer has 5 (or_ Days After Delivery of any such iterrls. or the time speci?ed in paragraph 143(1). whichever is later. to Deliver to Seller? a removal of the applicable contingency or capceliatlon of this Agreement. (4) Continuation of Contingency: Even after the end of the time speci?ed In paragraph 148(1) and before Seller cancels. If at all pursuant to paragraph 140. Buyer retains the right. in writing. to:either remove remaining contingencies or (ii) candai this Agreement based on a remaining contingency. Once Buyer?s writteh removal of all contingencies is Delivered to Seller. Seller . may not cancel this Agreement pursuant to paragraph C. SELLER RIGHT TO CANCEL: (1) Seller right to Cancel; Buyer Contingencies: if. by the time speci?ed in this Agreement. Buyer does not Deliver to Seller a removal of the applicable contingency or cancellation of this Agreement. then Seller. aher ?rst Delivering to Buyer a Notice to Buyer to Perform (CAR. Form NBP). may cancel this Agreement. In such event. Seller shall authorize the return of Buyer's deposit. except for fees Incurred by Buyer. (2) Seller right to Cancel; Buyer Contract Obligations: Seller. after first delivering to Buyer a NBP. may cancel this Agreement If, by the time speci?ed in this Agreement."Buyer does not takeithe following action(s): (I) Deposit funds as required by paragraph 3A. or 38 or if the funds deposited pursuant to paragraph 3A or 3B are not .good when deposited; (It) Deliver a notice of FHA or VA costs or terms as required by paragraph 30(3) (CAR. Form De?ver a letter as required by paragraph (Iv) Deliver veri?cation. or a satisfactory verification if Setter reasonably disapproves of the veri?cation already provided. as required by paragraph BC or 3H: Return Statutory and Lead Disclosures as required by paragraph or (vi) Sign or initial 8 separate liquidated damages form for an increased deposit as required by paragraphs 38 and 213; or (vii) Provide evidence of authority to sign in a representative capacity as speci?ed in paragraph 19. In such event. Seller shall authorize the return of Buyer?s deposit. except for fees incurred by Buyer. D. NOTICE TO BUYER OR SELLER TO PERFORM: The NBP or NSF shall: be in writing; (ll) be signed by the applicable Buyer or Seller: and (Iii) give the other Party at least 2' (or Days After Delivery (or until the time speci?ed in the applicable paragraph, whichever occurs last) to take the applicable actionDeliv'ered any earlier than 2 Days Prior to the expiration of the applicable time for the other Party to remove a contingency or cancel this Agreement or meet an obligation speci?ed In paragraph 14 E. EFFECT OF REMOVAL OF CONTINGENCIES: It Buyer removes. in writing. any contingency or cancellation rights unless otherwise speci?ed In writing, Buyer shall conclusively be deemed to have: (I) completed all Buyer investigations. and review of reports and other applicable tnfon?nallon and disclosures pertaining to or cancellation right; (It) elected to proceed with the transaction: and assumed all liability. responsibility and expense for Repairs or corrections pertaining to that contingency or cancellation right. or for the inability to obtain ?nancing. F. CLOSE OF ESCROW: Before Buyer or Seller may cancel this Agreement for failure of the other Party to close escrow pursuant to this Agreement. Buyer or Seller must 1' tot Deliver to the other Party a demand to close escrow (CAR. Form The DCE shall: (I) be signed by the applicable Buyer at Seller: and (It) give the other Party at least 3 Days After Delivery to close escrow. A DCE may not be Delivered any earlier than 3 Days Prior to the scheduled close of escrow. G. EFFECT OF CANCELLATION ON DEPOSITS: If Buyer or Seller gives written notice of cancellation pursuant to rights duty exercised under the terms of this Agreement. the Parties agree to Sign mutual instructions to cancel the sale and escrow and release deposits, if any. to the party entitled to the funds. less fees and costs incurred by that party. Fees and costs may be payable to service providers and vendors for services and produots provided during escrow. Except as specified below. release of funds will require mutual Signed raleasa Instructions from the Parties. iudtclai decision or arbitration award. It either Party falls to execute mutual instructions to cancel. one Party may make a written demand to Escrow Holder for the deposit. (C. A R. Form BDRD or SDRD) Escrow Holder. upon receipt. shall deliver notice of the demand to the other Party. If. within 10 Days After Escrow Holder?s notice. the other Party does not object to the demand. Escrow Holder shall disburse the deposit to the Party making the demand If Escrow Holder complies with the preceding procas 5. each Party shall be deemed to have released Escrow Holder from any and all claims or liability related to the disbursa?l of the deposit. Escrow Holder at its discretion. may nonetheless require mutual cancellation instructions A Party may be subject to a civil- penalty or up to 000 for refusal to sign cancellation instructions if no good faith dispute exists as to who is entitled to the deposited funds (Civil Code 51057 3). 15 FINAL VERIFICATION OF CONDITION: Buyer shall have the to make a ?nal veri?cation of the Property within 5 (or Days Him to Close 01 . .NDT OF THE SALE. but solely to con?rm. it) the Property I IPI't'ained ursuantto paragraph 11: (it) Repairs have comptei Weed; and ?ll) Seller has complied with Seller's other obligations ..A Form VP). Buyer's initials Seller's lnitlals( . RPA-CA 6 10) CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT (RPA CA PAGE 6 OF 10) Twit? Producoawrtn zIpFormr. oy zIpLogix 131170 Fitrecn Road. Fraser. 1.11chan 48026 runum DowSign Envelope ID: ADA966A6A91 Buyers Property Address Date: 16. REPAIRS: Repairs shall be completed-prior to ?nal verification or unless otherwise agreed in writing. Repairs to be performed at Seller?s expense may be performed by Seller or through others. provided that the work complies with applicable Law. including govammentai permit. inspection and approval requirements. Repairs shall be perforated in a good. skillful manner with materials of quality and appearance comparable to existing materials. it is understood that exact restoration oi appearance or cosmetic items following all Repairs may not be possible. Seller shall: obtain invoices and paid receipts for Repairs performed by others; (it) prepare a written statement indicating the Repairs performed by Seller and the date of such Repairs; and provide Copies of invoices and paid receipts and statements to Buyer priorto ?nal verification otcondition. 17. PRORATIONS OF PROPERTY TAXES AND OTHER ITEMS: Unless otherwise agreeci in writing, the following items shall be PAID CURRENT and prorated between Buyer and-Selleras of Close Of Escrow. real property taxes and assessments. interest. rents. HOA regular. special. and emergency dues and assessments imposed prior to Close Of Escrow. premiums on insurance assumed by Buyer. payments on bonds and assessments assumed by Buyer. and payments on MeHo-Roos and other Spatial Assessment District bonds and assessments that are now a lien. The following items shall be assumed by Buyer WITHOUT CREDIT toward the purchase price: prorated payments on Mello-Roos and other Special Assessment District bonds and assessments and HOA special assessments that are now a lien but not yet doe. Property will be reassessed upon change of ownership. Any supplemental tax bills shall be paid as follows: (I) for periods alter Close 0t Escrow. by Buyer: and (ii) for periods prior to Close Of Escrow. by Seller (see CAR. Form SPT or SBSA ior further information). TAX BILLS ER CLOSE OF ESCROW SHALL BE HANDLED DIRECTLY BEIWEEN BUYER AND SELLER. Prorations shall be made based on a 30-day month. 18. BROKERS: A. COMPENSATION: Seller or Buyer. or both. as applicable. agree to pay compensation to Broker as speci?ed in a separate written agreement between Broker and that Seller or Buyer. Compensation is payable upon Close Of Escrow. or if escrow does not close. as otherwise speci?ed in the agreement between Broker and that?Seiier or Boyer. B. SCOPE OF DUTY: Buyer and Seller acknowledge and agree that Broker. Does not decide what price Buyer should pay or Seller should accept: (it) Does not guarantee the condition of the Property: (ill) Does not guarantee the performance. adequacy or completeness of inspections. services. products or repairs provided or made by Seller or others; (iv) Does not have an obligation to conduct an inspection of common areas or areas off the site of the Property; Shall not be responsible for identifying defects on the Property. in common areas. or offsite unless such defects are visually observable by an inspection of reasonably accessible areas of the Property or are known to Broker: (vi) Shall not be responsible for inspecting public records or penniis concerning the title or use of Property; (vii) Shall not be responsible for identifying the location of boundary lines or other items atfecting title: Shall not be responsible for verifying square footage. representations of others or information contained in investigation reports. Multiple Listing Service. advertisements. ?yers or other promotional material; (Ix) Shall not be responsible for determining the fair market value of the Property or any personal property included in the sale; Shall not be responsible tor providing legal or tax advice regarding any aspect of a transaction entered into by Buyer or Seller: and (xi) Shall not be responsible for providing other advice or infomta?on that exceeds the knowledge. education land experience required to perform real estate licensed activity. Buyer and Seller agree to seek legal. tax. insurance. title and other desired assistance from appropriate professionals. 19. REPRESENTATIVE CAPACITY: it 'one or more Parties is signing this Agreement in a representative capacity and not for hlmiherself as an individual then that Party shall so indicate in paragraph 31 or 32 rind attach a Representative Capacity Signature Disclosure (CAR. Form RCSD). Wherever the signature or initials of the representative identi?ed in the R050 appear on this Agreement or any related documents. it shall be deemed to be in a representative :capacity for the entity described and not in an individual capacity. unless otherwise indicated. The Party acting in a representative capacity it) represents that the entity for which that party is acting already exists and (ii) shall Deliver to the other Party and Escrow Holder. within 3 Days After Acceptance. evidence of authority to act in that capacity (such as but not limited to: applicable trust document. or portion thereof. letters testamentary. court order. power of attorney. resolution. or formation documents ofthe business entity). 20. JOINT ESCROW T0 ESCROW HOLDER: A. The following paragraphs. or applicable portions thereof. of this Agreement constitute the joint escrow Instructions of Buyer and Seller to Escrow Holder, which Escrow Holder is to use along with any related counter offers and addenda. and any additional mutual instructions to close the escrow: paragraphs 1. 3. 48. 5A. 6. 7. 10C. 13. 146. 17. 18Aand paragraph of the section titled Real Estate Brokers on page 10. it a Copy of the separate compensation agreementts) provided for in paragraph 16A. or paragraph 0 of? the section titled Real Estate Brokers on page 10 is deposited with Escrow Holder by Broker. Escrow Holder shall accept such agreemenhs) and pay out from Buyer's or Sellers funds. or both. as applicable. the Brokers compensation provided for in such agreemani(s). The terms and conditions of this Agreement not set forth in the speci?ed paragraphs are additional matters for the information of Escrow Holder. but about which Escrow Holder need not be concerned. Buyer and Seller will receive Escrow Holder?s general provisions. if any. directly from Escrow Holder and will execute such provisions within the time speci?ed in paragraph 7Ci1)(c). To the extent the general provisions are inconsistent or con?ict with this Agreement. the general provisions will ?control as to the duties and obligations of Escrow Holder only. Buyer and Seller will execute additional insimchons. documents and forms provided by Escrow Holder that are reasonably necessary to close the escrow and. as directed by Escrow Holder. within 3 (or Days. shall pay to Escrow Holder or HOA or HOA management company or others any fee required by paragraphs 7, to or elsewhere in this Agreement. B. A Copy of this Agreement including any counter oiier(s) and addendashali be delivered to Escrow Holder within 3 Days Alter Acceptance (or 7 Buyer and Seller authorize Escrow Holder to accept and rely on Copies and Signatures as de?ned in this Agreement as originals. to open escrow and for other purposes of escrow. The validity of this Agreement as beryl/sen Buyer and Seller is not affected by whether or when Escrow Holder Signs this Agreement. Escrow Holder shall provide Seller?s Statement of information to Title company when received from Seller. It Seller delivers an affidavit to Escrow Holder to satisfy Seller?s FIRPTA obligation under paragraph 100. Escrow Holder shall deliver to Buyers Quali?ed Substitute statement that complies with tedarai. Law. 0. Brokers are a party to the escrow {or the sole purpose of compensation pursuant to paragraph 18A and paragraph of the section titled Real Estate Brokers on page to. Buyer and Seller irrevocably assign to Brokers compensation speci?ed in paragraph 18A. and irrevocably Eccrow Holder lo disburse those funds to Brokers at Close 0f Escrow or pursuant to any other mutually executed cancellation agreement. Compensation instructions can be amended orsrevoked only with the written consent of Brokers. Buy Pitt Seller shall release and hold harrniess Escrow Holder fro a lid." Wesutting from Escrow Hoider?sp ntto Brok pursuanlto this Agreement. 3 it it i Seller's tnitialst RPA-CA RE 11/14 7 lamfnl-Nl RESIDENTIAL PURCHASE AGREEMENT PAGE 7 CF10) Produced wah ttpLognr 10070 Mic Road Fraser. taunt-ton 43025 :anunr 93:: can (3 (:33 22. DISPUTE RESOLUTION: A. MEDIATION: The Parties agree mediate any dispute or claim arising between them out of this Agreement. or any resulting . ADDITIONAL MEDIATION A DocuSign Envelope ID: IDAQSBABAQI Property Address: 1120 magnesia; Elana. Lea goggles, some Date: D. Upon receipt. Escrow Holder shall provide Seller and Seller's Broker verification of Buyer?s deposit of funds pursuant to paragraph 3A and 38. Once Escrow Holder becomes aware of any of the following, Escrow Holder shall immediately notify all (it if Buyer's initial or any additional deposit or down payment Is not made pursuant to this Agreement. or is not good at time of deposit with Escrow Holder: ortli) if Buyer and Sellerinstruot-Escrow Holder to cancel escrow. E. A Copy of any amendment that affects any paragraph of this Agreement for which Escrow Holder is responsible shall be delivered to Escrow Holder within 3 Days after mutual execution of the amendment. 21. REMEDIES FOR BREACH OF CONTRACT: A. Any clause added by the Parties Specifying a remedy (such as release or forfeiture of deposit or making a deposit non-refundable) for failure of Buyer'to complete the purchase in violation of this Agreement shall be deemed invalid unless the clause independently satisfies the statutory liquidated damages requirements set forth In the Civil Code. . LIQUIDATED DAMAGES: If Buyer-falls to complete this purchase because of Buyer's default, Seller shall retain, as liquidated damages. the deposit actually paid. If the Property Is ?a dwelling with no more than four units, one of which Buyer intends to occupy, then the amount retained shall be no more than 3% ofthe purchase price. Any excess shall be returned to Buyer. Except as provided in paragraph 146, release of funds will require mutual, Signed release instructions from both Buyer and Seller, judicial decision or arbitration award. AT THE TIME OF ANY INCREASED DEPOSIT BUYER AND SE LER SHALL SIGN A SEPARATE LIQUIDATEQPAMAGES PROVISION THE INCREA DE 0 fig? LIOUIDATED DAMAGES (CAR. FO MJ I Buyer'slnitial- I Seller'stniliat transaction, before resort . to arbitration or court action through the CAR. Real Estate Mediation Center for Consumers (ww.oonsumermediatlon.org) or through any other mediation provider or service mutually agreed to by the Parties. The Parties also agree to mediate any disputes or claims with Brokeris), who. in writing, agree to such mediation prior to, or within a reasonable time after, the dispute or claim to presented to the Broker. Mediation fees, if any, shall be divided equally among the Parties involved, If, for any dispute or claim to which this paragraph applies, any Party (I) commences an action without ?rst attemptan to resolve the matter through mediation, or (II) before commencement of an action. refuses to mediate alter a request has been made. then that Party shall not be entitled to recover attorney fees, even if they would otherwise be available to that Party In any such action. THIS MEDIATION PROVISION APPLIES WHETHER OR NOT THE ARBITRATION PROVISION IS INITIALED. Exclusions from this mediation agreementore specified in paragraph 220. . ARBITRATION 0F DISPUTES: The Parties agree that any dispute or claim In Law or-equity arising between them out of this Agreement or any resulting transaction, which is not settled through mediation, shall be decided by neutral, binding arbitration. The Parties also agree to arbitrate any disputes or claims with B?rokeris), who, in writing, agree to such arbitration prior to, or within a reasona to time after, the dispute or claim is presented to the Broker. The arbitrator shall be a retired judge orjustlce, or attorney with at least 5 years of residential real estate Law experience. unless the parties mutually agree to a different arbitrator. The Parties shall have the right to discovery In accordance with Code of Civil Procedure 51283.05. In all other respects, the arbitration shall be conducted In accordance with Title 9 of Part 3 of the Code of Civil Procedure. Judgment upon the award of the arbitratoris) may be entered into any court having jurisdiction. Enforcement of this agreement to arbitrate shalt be governed by the Federal Arbitration Act. Exclusions from this arbitration agreement are specified in paragraph 22C. BY INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE OF PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LLITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW YOU ARE GIVING LIP-YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE OF PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS HAVE READ AND UNDE AN FOREGOING AND AGREE TO SUBMIT DISPIATES ARISING OUT OF THE MATTERS IN ITWION OF PROVISION TO NEU I Buyer?s In" I Seller?s Initials BITRATION TERMS: (I) EXCLUSIONS: The following matters are excluded from mediation and arbitration: It) a Judicial or non-judicial foreclosure or other action or proceeding to enforce a deed of trust. mortgage or installment land sale contract as defined In Civll Code ?2985; (Ii) an unlawful detainer action; and any matter that Is wIthIn the jurisdiction ofa probate. small claims or bankruotcy court. (2) PRESERVATION 0F ACTIONS: The shall not constitute a waiver nor violation of the mediation and arbitration provisions: ?ling or a court acUon to enable the recording of a notice oflpending action, for order of attachment. Injunction, or other provisional remedies: or (it) the filing ofa mechanic's lion. (3) BROKER Brokers sh bpot be obligated nor compelled to mediate or arbitrate gree to do so In writing. Any Broken. particlpatl Pmdlauon shall not be deemed a party to this A It Seller's Initials 11114 (PAGE 8 OF 10) CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT (RPA-CA PAGE 8 OF 10) Produccdwith Fraser. Midday-reams tom?s-rat DccuSignEnveiopeiD' I ADA966A6A91 Property Address. 1120. 23. SELECTION OF SERVICE PROVIDERS: Brokers do not guarantee the performance of any vendors. service or product providers Providers?). whether referred by Broker or selected by Buyer. Seller or other person. Buyer and seller may select ANY Providers of their own choosing. 24. MULTIPLE LISTING SERVICE Brokers are authorized to report to the MLS a pending sale and. upon Close OI Escrow. the sales price and other terms of this transaction shalt be provided to the MLS to be published and disseminated to persons and entities authorized to use the inionnation on terms apprc'Iyed by the MLS. 25. ATTORNEY FEES: In any action. proceeding, or arbitration between Buyer and Seller arising out of this Agreement the prevailing Buyer or Seller shall be entitled to reasonable attorney fees and costs from the nonprevalling Buyer or Seller. except as provided in paragraph 22A 26. ASSIGNMENT: Buyer shall not assign all or any part of Buyer?s interest in this Agreement without ?rst having obtained the separate written consent oi Seller to a specified Such consent shall not be unreasonably withheld. Any total or partial assignment shall not relieve Buyer of Buyeds obligations pursuant to this Agreement unless otherwise agreed' In Writing by Seller. (0. A. R. Form AOAA) 27. EQUAL HOUSING The Property is- sold in compliance with federal state and local anti-discrimination Laws 0 28. TERMS AND CONDITIONS OF OFFER: This is an offer to porchase the Property on the above terms and conditions. The liquidated damages paragraph or the arbitration of disputes paragraph ls incorporated in this Agreement if initiated by all Parties or if incorporated by mutual agreement in a counter offer or addendum. if at least one but not all Parties initial, a counter ioiter ts required until agreement is reached. Seller has the right to continUe to offer the Property for sale and to accept any othejr offer at any time prior to noti?cation of Acceptance. The Parties have read and acknowledge receipt or a Copy of the offer and agree to the continuation of agency relationships. If this offer is accepted and Buyer subsequently defaults. Buyer may be responsible for payment of Brokers? compensation. This Agreement and any supplement addendum or modi?cation. ineludlng any Copy. may be Signed In two or more counterparts all of which shall 0 constitute one and the some writing. 29. TIME OF ESSENCE. ENTIRE CHANGES: Trme is of the Essence. All understandings between the Parties are incorpprated In this Agreement. its terms are Intended by tha?. Parties as a ?nal, complete and exclusive expression of their Agreement with respect to its subject matter. and may not be contradicted by evidence of any prior agreement or contemporaneous oral agreemenL If any provision of this Agreement is held to be ineffective or Invalid. the remaining provisions will nevertheless be given full force and effect. Except as otherwise speci?ed, this Agreement shall be interpreted and disputes shall be resolved in accordance the Laws of the State of California. Neither this Agreement nor any 50 provision In it may be extended amended, modi?ed, altered or changed? errcept in writing Signed by Buyer and Seller. 30. DEFINITIONS: As used In this Agreement: A. ?Acceptance" means the time the offer or ?nal counter otter is accepted In writing by a Party and is delivered to and personally received by the other Party or that Party?s authorized agent in. accordance with the terms of this offer or a ?nal counter offer. 8. "Agreement? means this document and any incorporated addenda. counter offers and written terms Signed by all Parties collectively forming the binding agreement between the Parties. All terms and conditions of any addenda checked and Signed are tnborporated into this Agreement. "c R. Form" means the most current version ofthe speci?c term referenced or another comparable fonn- agreed to by the parties. "Close Of- Escrow". including means the date the grant deed. brother evidence of transfer of title. is recorded. "Copy" means copy by any means including photocopy, NCR facsimile and electronic. ?Days" means calendar days Hov?rever. alter Acceptance, the last Day for performance of any act required by this Agreement (Including Close Of Escrow) shalt not include any Saturday. Sunday. or legal holiday and shall Instead be the next Day. . ?Days After" means the speci?ed number of calendar days after the occurrence of the event speci?ed not counting the calendar date on which the speci?ed event occurs, and ending at 11:59 PM on the ?nal day. "Days Prior? means the Speci?ed number of calendar days before the occurrence of the event speci?ed. not counting the 0 calendar dale onwhich the speci?ed event is scheduled to occur. "Deliver", "DeIIVorod" or "Delivmy", unless otherwise speci?ed in writing, means and shall be e?ectiVe upon: personal receipt by Buyer or Setter or the individual Real Estate Licensee for that principal as speci?ed in the section titled Real Estate Brokers on page it}, regardless of the method used messenger. mail. email, fax, other). J. "Electronic Copy" or "Electronic Signature" means. as applicablehan electronic copy or signature complying with California Law ..8uy.er and Seller agree that electronic means will not be used by either Party to modify or alter the content or integrity of this Agreement without the knowledge and consent or the other Party. K. "Law? means any law. code, statute. ordinance. regulation, rule or order, which is adopted by a controlling city. county 0 state or federal legislative. judicial or executive body or agency. L. "Repairs" means any repairs (Including pest control), alterations, replacements. modi?cations or retro?tting of the Property provided for under this Agreement-.- M. ?Signed" means either a handwritten or electronic signature on an original-document. Copy or any counterpart. tit. EXPIRATION OF OFFER: This offer strait be deemed revoked and the deposit. if any. shall be returned to Buyer unless thaoifer ts Signed a mmUP .1: In by Seller and a Copy of the Signed offer is personally received by Buyer. or by Stephen Agility: . who is authorized to receive iL?by? 5:00 n'the third Day atter?thls otferis signed by Buyer ((date $3 One or more Buyers is signing this A eement In a representative capacity and not for as an individual. See attached jag Represen live apacity Signature (CA. Form RCSD) for additional terms. cc? Date . . . BUYER Ma] . . a" (Print 33 t. l?EansrRI/on Schwarz - Erasmus b" Date BUYER - Pit)? Mme!- Q- (Print nachEmrAaaL-Ia Oakenfold In :1 I - as _Additional Signature Addendum attached (CAR. Form ASA). Seller's tnittals( RPA-CA REVISED 11114 (PAGE 9 OF 10) mm,? CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT (RPA CA PAGE 9 OF 10) Pro-omen With WalpFom-Ic by ltangrx ittp?l'o Fifteen Mtia Read. Fraser. 45028 WW remain cuSigrt Envelope ID: 12054130-0951-4846-81 BB-FMEBS3C1F17 DocuSIgn Envelope IDASBGAGASI Property Address: BaatL Date: mm. 32. ACCEPTANCE OF OFFER: Seller warrants that Seller Is the owner of the Property. or has the authority to execute this Agreement. Seller accepts the above otter. and agrees to sell the Property on the atoms terms and conditions. Seller has read and acknowledges receipt of a Copy oi the Agreement. and authorizes Broker to Deliver a Signed Copy to Buyer. (II ACCEPTANCE IS SUBJECT TO ATTACHED COUNTER OFFER (C.A.R. Form 800 or SMCO) DATED: 6 One or more Sellers is signing Ihi a representative rcapa'cily and not for himfhersetf as an individual. See attached Rep pacit Si nature. is osure C. or RC It ongi lean. Date SELLQEP. 3:5 Fit? wad ILU (Print name] Greta Van Steinbauer Date SELLER 0 IPrintnameI ., .. 'Addltionai Signature Addendum attached (CAR. Form ASA). I (Do not initial It making a counter offer.) CONFIRMATION OF ACCEPTANCE: A Copy of Signed Acceptance was (Initials) personally received by Buyer or Buyer's authorized agent on (date) at AW PM. A binding Agreement to created when a Copy of Signed Acceptance Is personatly received by Buyer or Buyer?s authorized agent whether or not conih?rned In this document. Completion of this confirmation 0 is not legally required In order to create a binding Agreement: It is solely intended to evidence the date that Confirmation 0! Acceptance has occurred. REAL ESTATE BROKERS: A. Real Estate Brokers are not parties to the Agreement between Buyer and Seller. 8. Agency relationships are confirmed as stated In paragraph 2. C. If speci?ed In paragraph 3M2). Agontwho submitted the otter tor Buyer acknowledges receipt of deposit. 0 COOPERATING BROKER COMPENSATION. Listing Broker agrees to pay Cooperating Broker (Selling Firm) and Cooperating 0 Broker agrees to accept. out 0! Listing Broker?s proceeds in escrow. the amount speci?ed In the MLS provided Cooperating Broker is a Participant oi the MLS In which the Property Is uttered tor sale or a reciprocal MLS. if Listing Broker and Cooperating Broker are not both Participants of the MLS or a reciprocal MLS in which the Property is offered for sale. then compensation must be specilted separate written agreement (CAR Form CBC) Declaration of License and Tax (CAR Form DLT) may be used to documen hat ax ep will be required or that an exemption exists. Real Esta I re gamma Banks; . StenhenAusii?an . Date ?Wm i Lic. it Date 2' Address . It! City Beverly Hills State Zip . Telephone te- Fax azoisso- 41125 mail Rea - I .. . - Firm) L'c'f? Ll ill 2. By Lic. #Woatej at] By their ?tdq??T?i?uei/ ch. II 013? Date 1/207 01'5 City State Zip 0 Telephone Fax E-mait ESCROW HOLDER ACKNOWLEDGMENT: Escrow Holder acknowledges receipt of a Copy of this Agreement. (ll checked' a deposit In the amount of I. counter otter numbers IISelleI?s Statement at information and and agrees to adt as Escrow Holder subject to paragraph 20 of this Agreement any supplemental escrow Instructions and the terms of Escrow Holder's general provisions. Escrow Holder Is advised that the date of Con?rmation of Acceptance of the Agreement as baMeen Buyer and Seller is ?Escrow Hoider EscrowttI 8y . Dale Address PltonotFatdE- mail . Escrow Hotder has the following license number It! . 1 __.Oepartment otaustness Oversight. . Department ofReai Estate. PRESENTATION OF OFFER: I Listing Broker presented this other to Seller on (date). 033 Broker or Designee Initials l? . REJECTION 0F OFFER: I I I I No counter offer is being made. This offer was rejected by Seller on (date). Seller's Inanls OISQI- 201-1. C. Hernia Association 0! Int: United States copyright ?aw (fillet? S. Code} turbid: the unauthorized distribution. display and reproduction oi this term. or any portion thereof. by photocopy machine or any other means Inducing tacatmlla or comput'cnzad formats. r" Tins seen APPROVED ev CALIFORNIA ASSOCIATION OF REALTORSE) It: N0 REPRESENTATION IS MADE As TO THE LEGAL VALIDITY OR ACCURACY OF AW PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE IS THE PERSON QUALIFIED TO ADVISE o~ REAL ESTATE TRANSACTIONS tr YOU DESIRE LEGAL on Tm: ADVICE. CONSULTAN APPROPRIATE PROFESSIONAL. $3 3 Published and Distributed cy- Rovtmeed by a, REAL ESTATE BUSINESS SERVICES. INC CALIFORNIA ASSOCIATION OF REAL Broker or .. 525 Pd RPA-CA REVISED 11I14 (PAGE 10 of 10) initiatst RESIDENTIAL PURCHASE AGREEMENT (RPA- -CA PAGE 10 OF 10) :IpFarntsoyt-oLoo: 16010an Henna-Ian's, org-mum 03.? GD (3:3 DocuSIgn Envelope ID: 080221 B8-A401 ?181 E-BI CALIFORNIA a. ASSOCIATION INSPECTION ADVISORY ?39, or- A 0 RS I. (can, Form BIA. Property Address: WM 90019 ("Property"). 1. IMPORTANCE OF PROPERTY INVESTIGATION: The physical condition of the land and Improvements being purchased Is not guaranteed by either Seller or Brokers. You have an af?rmative duty to exercise reasonable care to protect yourself. Including discovery of the legal. practical and technical implications of disclosed facts. and the investigation and veri?cation of Information and facts that you know or that are within your diligent attention and observation. A general physical inspection typically does not cover all aspects of the Property nor Items affecting the Property that are not physically located on the Property. If the professionals recommend further investigations including a recommendation by a pest control operator to inspect areas of the Property. you should contact quali?ed experts to conduct such additional Investigations. 2. BROKER OBLIGATIONS: Brokers do not have expertise in all areas and therefore cannot advise you on many items. such as those listed below If Broker gives you referrals to professionals. Broker does not guarantee their performance. 3. YOU ARE STRONGLY ADVISED TO INVESTIGATE THE CONDITION IAND SUITABILITY OF ALL ASPECTS OF THE PROPERTY. INCLUDING BUT NOT UMIIT ED TO THE FOLLOWING. IF YOU DO NOT 0080. YOU ARE ACTING AGAINST THE ADVICE OF BROKERS. A. GENERAL CONDITION OF THE PROPERTY, ITS SYSTEMS AND COMPONENTS: Foundation. roof (condition. age. leaks. useful life). plumbing. heating, air conditioning. electrical. mechanical. security. poolfspa (cracks. leaks. operation). other structural and nonstructural systems and components. fixtures. built-in appliances. any personal property included In the sale. and energy ef?ciency of the Preperty. B. SQUARE FOOTAGE. AGE. BOUNDARIES: Square footage. room dimensions. lot size. age of Improvements and boundaries. Any numerical statements regarding these Items are APPROXIMATIONS ONLY and have not been veri?ed by Seller and cannot be veri?ed by Brokers. Fences hedges. watts. retaining walls and other barriers or markers do not necessarily Identify true Property boundaries. C. WOOD DESTROYING PESTS: Presence of. or likely to lead to the presence of wood destroying pests and organisms. D. SOIL STABILITY: Existence of ?ll or compacted salt. expansive or contracting soil. sueceptibllity to slippage. settling or movement and the adequacy of drainage. E. WATER AND WELL SYSTEMS AND WASTE DISPOSAL: Water and availability. use restrictions and costs. Water quality. adequacy. condition and performance of Well systems and components. The type size. adequacy. capacity and condition of sewer and septic systems and components. connection to sewer. and applicable fees. F. ENVIRONMENTAL HAZARDS: Potential environmental hazards. including. but not limited to. asbestos. lead based paint and other lead contamination. radon. methane. other gases. fuel oil or chemical storage tanks. contaminated soil or water. hazardous waste. waste disposal sites. electromagnetic fields. nuclear sources. and other substances. materials. products. or conditions (including mold (airborne. toxic or otherwise). fungus or similar contaminants) G. EARTHQUAKES AND FLOODING: Susceptibility of the Property to eartquuakefseismtc hazards and propensity ofthe Property to ?ood. H. FIRE. HAZARD AND OTHER INSURANCE: The availability and cost of necessary or desired Insurance may vary. The location of the Property In a seismic. ?ood or fire hazard zone. and other conditions. such as the age of the Property and the claims history of the Property and Buyer. may affect the availability and need for certain types of Insurance. Buyer should explore Insurance options early as this Information may affect other decisions. including the removal of loan and Inspection contingencies. I. BUILDING PERMITS. ZONING AND GOVERNMENTAL REQUIREMENTS: Permits. Inspections. certi?cates. zoning.o other governmental limitations, restrictions. and requirements affecting the current or future use of the Property. Its development or size. RENTAL PROPERTY RESTRICTIONS: Some cities and counties Impose restrictions that limit the amount of rent that can be charged. the maximum number of occupants and the right of a landlord to terminate a tenancy. Deadbolt or other locks and security systems for doors and windows. including window bars. should be examined to determine whether they satisfy legal requirements. K. SECURITY AND SAFETY: State and local Law may require the Installation of barriers, access alarms. self-latching mechanisms andlor other measures to decrease the risk to children and other persons of existing swimming pools and hot tubs. as well as various ?re safety and other measures concaming other features of the Property. L. NEIGHBORHOOD. AREA. SUBDIVISION FACTORS: Neighborhood or area conditions. including schools. law enforcement. crime staUstIcs. registered felons or offenders, ?re protection. other government services. availability. adequacy and cost of Intemet connections or other technology services and Installations. commercial. industrial or agricultural activities. existing and- proposed transportation. construction and development that may affect noise. view. or traf?c. airport noise. noise or odor from any source. wild and domestic animals. other nuisances. hazards. or circumstances. protected species. wetland properties. botanical diseases. historic or other governmentaliy protected. sites or Improvements. cemeteries. factiities and conditl of common areas of common interest subdivisions. and possible lack of compliance with any governing documents or Ho owners? Association requirements. conditions and influences of signi?cance to certain cultures and/or religions. and pars at needs. requirements and preferences of Buyer. By signing below, Buy 3 acknowledge that they have read. understand act-:elgus anghave received a Copy of this Advisory. Buyers areencourage rw. Buyer Buyer PM aw @e?wfotl 0r EmsrR van Schwa 0 ISM-2004. California ASSOCIBIIO of REALTR .lnc. THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF (CARI N0 9- IS MADE AS THE LE VALIDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED T0 ADVIS ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL on ADVICE consuur AN APPROPRIATE Published and DIsLn'buled by: . .gl REAL ESTATE BUSINESS SERVICES. INC. I Reviewed by Date I a a outwardfary of the Califomfe Association of 526 South Virgil Avenue. Los Angcies. Calttomla 00020 BIA REVISED 11114 (PAGE 1 OF 1) INSPECTION ADVISORY (BIA PAGE 1 OF - hrs-Ir? Environ flat-rt} Him. (?anou DfIl'f WHO Phonu: ISIJIINJJDO Fax mm?cnl ququ unhthomw by zlpLogN Mile Road. Fraser. Michigan aaoze DocuSI'gn Envelope iD: a? ADDENDUM ASSOCIATION . OF RE ALTORS I (CHAR. Form ADM Revl ed 4/12) No. The following terms and conditions are herebLincorporated In and made a part of the: IE Residential Purchase Agreement Manufactured Home Purchase Agreement.. Business Purchase Actreement.? . Residential Lease or Month-to- Month Rental Agreement. i _:Vacant Land Purchase Agreement. I i Residenttel Income Property Purchase Agreement.H Commercial Property Purchase Agreement. _:0tl'ler THIS ADDENDUM TO BE KEPT OUTSIDE OF ESCROW, IT is AN AGREEMENTBETWEEN BUYER AND SELLER 4 dated on property known as '1120 West'chesror Place Los Angefes. CA 90019 6 In Dr Ernst R1013 51:11va .PlerAngetm?aMIIQtd is referred to as ("Buyerrl?enant") and Greta Van Steinbjuar ?is referred to as Wannabe notice. 0 The foregoing terms and con ?ons are hereby agreed to. and the undersigned acknowledge recelpt of a copy of this document. 12/24/2014 . Date Date 6 I DocuSIgncd by: Buyerf?l'enant Seller/Landlord G: a Van I Buyerft?enant Seller/Landlord PM A-W?a?oe?okaeweu The law: the smIes (rate 17 U..5 Code) the unauthorized reproduction at this form. or any portion thereof by photocopy machtne or any other means 6: lnctudlng face formula. 1856- 2012. CAI. IFORNIAASSOCIATION OF REALTORSO, INC ALL RIGHTS RESERVED. 5" THIS HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF (GA. RI. NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION IN ANY SPECIFICTRA TRANSACTION A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE (35? TRANSACTIONS. lF YOU DESIRE LEGAL OR TAX ADVICE. CONSULTAN APPROPRIATE This- (am Is available for use by the entire real estate Industry. It Is not Intended to the user as REALTORD REALTORD is a regulated collective membership mam may be used only oy- members of the NATIONAL ASSOCIATION OF subscribe to its Code of Ethics. Punt-Inga and unlabeled by 9?13 eusmess senwces. me. a srosidiuy dfhe roRse: wan Avenue. Los Angoiox. oanomIa eoozo ch?dmvod ADM REVISED OF 1) . owe my ADDENDUM (ADM PAGE 1 OF 1) ('dhhu'" BnnLI-r Ida N. (?auou Orin liner!) link. 90210 ?wow Fox: rourcnt SIrptIrn Multan Produced zipFOImX? by zipLoon 18370 Falcon Road Fraser Monger. 4am mam DacuSlgn Envelope PM) (5: (:ION SELLER COUNTER OFFER No. 1 - May not be used as-a multiple counter offer. A LT 0 RS ?0 (C.A.R. Form 300.11114) Date Decemberi? 2014 This is a counter offer to the: ECatifornta Residential Purchase Agreement. t] Buyer Counter Offer No._ .or dated December 17 2014 .on property known as 1120 Westchester Place. Los Angeles CA 90019 ("Property"). between Em or we 'e 03 0 (?Buyer?) and . ("Setie? 1. TERMS: The terms and conditions of the above referenced document are accepted subject to the following: A. Paragraphs in the Offer that require initials by all parties, but are not'initiated by all parties, are excluded from the ?nal agreement unless specifically referenced for Inclusion In paragraph 1C of'this or another Counter Offer or an addendum. B. Unless otherwise agreed In writing. down payment andloan amounlis) will be adjusted In the same proportion as in the original Offer. C. OTHER TERMS: 1. Purchase price to be to deposit 3% within 3 business days of acceptance. for entire term of ieasebackL D. The following attached addenda are incorporated into this Seller Counter offer: UAddendum No. 2. EXPIRATION. This Seller Counter Offer shall be deemed revoked and the deposits if any. shalt be returned: A Unless by 5: 00pm on the third Day After the date it is signed in paragraph 3 (if more than one signature then. the last signature datejtorby on (date)) 0) it is signed in paragraph 4 by Buyer and (ii) a copy of the signed Setter Counter Offer Is personally received by Seller or Stephen Apeiian .who Is authorized to receive it. OR B. If Seller withdraws it in writing (CAR Form WOO) anytime prior to Acceptance. toned by: 3. OFFER: LE ROMA TH TE FF 0 THE TERMS ABOVE AND ACKNOWLEDGES RECEIPT Seller .FW Fa" we. VIA: Greta Von?teinhatLez Delg?hE?W Seller Date? 4. ACCEPTANCE: accept the Dabgve?eiier Counter Offer (it checked SUBJECT TO THE ATTACHED COUNTER OFFER) and acknowledgoelr ale 01? 12 21 2014 Buyer ?831: 8' Amid Dr. Ernst?xczruichmarz 08 .2/1 .2/01 1 me PM Buyer ?1%le Lruguu 08 Time PM 47 CONFIRMATION OF ACCEPTANCE: (initials) Con?rmation of Acceptance: A Copy of Signed Acceptance was ersonalty received by Seller. or Seller?s authorized agent-as speci?ed in paragraph 2A on (date) at AMI A binding Agreement is created when a Copy of Signed Acceptance is personally received by Seller or Seller's authorized agent whether or not confirmed in this document. to 2014. California Association of REALTORSO. Inc. United States copyright l? U. S. Code) the unauthorized distribution. display and reproduction at this term or any portion thereof. by photocopy machine or anyother means. including facsimile orc'ompuierized formats. THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORSO (C. A R). NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY- PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE. BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. lF YOU DESIRE LEGALOR TAX ADVICE. CONSULTAN APPROPRIATE PROFESSIONAL. This term Is made available to real estate professionals through an agreement with or purchase Irom the Association oi REALTORSO. It is not Intended to Identify the user as a REALTORO Is a registered collective membership mark which may be used only by members of the NATIONAL ASSOCIATION OF REALTORSO who subscribe to its Code 01 Ethics. Published and Distributed by: a REAL ESTATE BUSINESS SERVICES. a subsidiary arms California Association of I I 525 Scuth?V'Irgit Avenue. Los Angeles. Catitomia 90020 Reviewed by Date 800 1 OF 1) Muw SELLER COUNTER OFFER (sco PAGE 1 OF 1) I t?ottitrrli Banker Irrn'ictu. tin?rrty Him. N. (.?nucu [trite tin-arty CA anno Phone. (523,504. .Jrno Fax: ?um" .\ Irl nu Produced with zJpFormIa by zlpLog?iIt 18070 Fittcon Mile Road. Eraser. Michigan 48026 DocuSign Envelope ID: A4909F33-84D7-4A41-31 CALIFORNIA i? . ASSOCIATION OF BUYER COUNTER OFFER No.1 (C. A. Form 800.11114) Date December 21. 2014 This is a counter offer to the: ,2 Seiler'Counter Offer No. . Seller Multiple Counter Offer No. ?or Other (?Ofief'i dated on property known as 1120 Westchester Place 'Los Anqeles. CA 90019 Property??) 0 between Dr. Ernst von Schwarz, PierAnqeia Oakenfeid Buyer") and Seller?). 1. TERMS: The terms and conditions of the above referenced document-are accepted subject to the following: A. Paragraphs in the Offer that require initials by all parties. but are not initialed by all parties. are excluded from the final agreement unless speci?cally referenced for inclusion In paragiaph 1C ofthis or another Counter Offer or an addendum. B. Unless otherwise agreed In Writing. down payment and loaniamount(s) will be adjueted in the same proportion as in the original Offer. C. OTHER TERMS: Purchasejnrice to be S3-200.000.00 . . . ID. The following attached addenda are Incorporated into this Buyer Counter offer: DAddendum No. 2. EXPIRATION This Buyer Counter Offer shall be deemed revoked and?ihe deposits, if any. shall be returned: A. Unless by 5:00pm on the third Day After the date it Is signed in paragraph 3 (if more than one signature then. the last signature dale)(or by DAM EPM on (date)) it is signed in paragraph 4 by-Seller and (ii) a copy of the signed 0 Buyer Counter Offer ls personally received by Buyer or Stephen Aeolian . who is authorized to receive it. . OR B. if Buyer withdraws it in writing (CAR Form WOO) anytime prior to Acceptance. 3. OFFER: BUYER MAKES THIS ON THE TERMS ABOVE AND ACKNOWLEDGES R-ECEIP r?DocuSigned by: - Buyer_ . . . Date- Buyer -. . IcoDaie i 4. ACCEPTANCEB: USE fa?cept the above Buyer Counter Offer (if checked SUBJECT TO THE ATTACHED COUNTER OFFER) and acknot are ibfa Co y. 12/22/2014 Seller MAM 5? Von. Sit/thirdibl?xommoam Date Time PM Seller LMHMIMWWL Date Time i PM SIIRMATION or ACCEPTANCE: I (Initials) Con?rmation of Acceptano? qu Signed Acceptance was personally received by Buyer or Buyers edm agent as specli' ed In paragraph 2A on (date) A Ray 00 A binding Agreement is created when a COpy of Signed Acceptance is personally received by Buyer or Buyer's authorized agent whether or not confirmed in this document. a? 2014. Association a! REALTORSO. inc. Unilud States copyright law (Title 17 US. Code) ierbids the unaumeriznd distribution. display and reproduction of this term. or any portion trident, by photocopy machine or any other means. including facsimile (annals. THIS roan HAS seen APPROVED BY THECALIFCRNIA AssocIAnon or REALTORSO (C.A.R.I. no REPRESENTATION Is MADE As To THE LEGAL VALIDITY on ACCURACY or ANY Ci) PROVISION iN TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TOAOVISE ON REAL ESTATE lF YOU DESIRE LEGAL OR TAX ADVICE. CONSULTAN APPROPRIATE PROFESSIONAL This term is made writable to real estate professionals "79th an or purdiaso from the Gaston-Ila Aesedetlen cl REALTORSO. It is no! Intended to identify the um as REALTORO. in? a registered ceiiectivc membership mark which may be used only by members of lhe- NATIONAL ASSOCIATION OF subscribe to It: Code at Ethics. 0 Published and Distributed by: a REAL EST TE SIN ERUICE . . Q, a 5 . 525 South Virgil Avenue. Los Angcles. Ceilremla 90020 - . Reviewed by Date BCO 11I'l4 (PAGE 1 OF 1) ?35?ka BUYER COUNTER OFFER (BCO PAGE 1 OF 1) Ceidwrii Previews. Beverly Iiilir. i66 N. Canon Drive Der-trig Hill: (A 90110 Phone: uzmea- ditto Fax: convent Slqlilf? Apr-lien Produced with zlpFomm by zlpLogix 18070 Fifteen Mile Road, Fraser, Michigan 418025 Willi}! 1 EXHIBIT 2 (fr?'1 Exhibit :uSign Envelope IDREAL ESTATE STATEMENT 6% A 5 50C I 0N (CALIFORNIA CIVIL CODE 5110233350.) I 01" THIS DISCLOSURE STATEMENT CONCERNS THE REAL PROPERTY SITUATED lN THE CIT-Y OF Los Angeles OF . JJos Aztgelee OF CALIFORNIA, DESCRIBED AS 1120 Wastahaster Placej Loe MelesL THIS STATEMENT Is A DISCLOSURE OF THE CONDITION OF THE ABOVE DESCRIBED PROPERTY IN COMPLIANCE WITH SECTION 1 102 OF THE CIVIL CODE AS OF (date) . rr IS NOTA WARRANTY OF ANY KIND BY THE SELLERIS) OR ANY PRIP70IPALIS) IN THIS TRANSACTION, AND IS NOT A SUBSTITUTE FOR ANY INSPECTIONS OR WARRANTIES THE MAY WISH TO OBTAIN. . I. COORDINATION WITH OTHER DISCLOSURE FORMS This Real Estate Transfer Disclosure Statement is made pursuant to Section 110?. of the Civil Code. Other statutes require disclosures, depending upon the details of the particular real estate transaction (tor example: Special study zone and purchase-money liens on residential property). Substituted Disclosures: The following disclosures and other disclosures required by law. Including the Natural Hazard Disclosure ReporUStatemant that may include airport annoyances. earthquake, fire, flood or: special assessment Information, have or w?i be made connection with this real estate transfer. and?are intended to satisfy the disclosure obligations on this form, where the subject matter Is .ne same: inspection reports completed pursuant to the contract of sale or receipt for deposit. Additional inspection reports or disclosures: iI. INFORMATION ?he Seller discloses the following Information with the knowledge that even though this is not a warranty. prospective anyers may rely on this Information In deciding whether and onw at terms to purchase the subject property. Seller hereby authorizes any agent??I representing any prin?cipaiis In this transaction to provide a copy of this statement to any person or entity' In connect: on wi any actual or anticipated sa of the property. THE FOLLOWING ARE REPRESENTATIONS MADE BY THE SELLEFKS) AND ARE NOT THE REPRESENTATIONS OF THE AGENT (S), iF ANY. THIS INFORMATION is A DISCLOSURE AND IS NOTINTEINDED TO BE PART OF ANY CONTRACT BETWEEN THE BUYER AND SELLER. "Ier is is not occupying the property. A. Thesubiect property has the horns checked below: ange WaIUWIndow Air Conditioning Pool: Oven Sprinklers Child Resistant Barrier Microwave Public Sewer System Pool/Spa Heater: {Dishwasher ?geptit?ank Gas [3 Solar Electric :1 Trash Compactor [j ump Pump ?atter Heater: ?arbage Disposal CI Water Soliener - .Gas Solar [j Electric ZLWasher/Dryer Hookups gatioloecking alerSuppty: Rain Gutters uiit-In Barbecue City [3 Well urglar Alarms Gazebo rivate Utility or Carbon Monoxide Deviceis) Security Galois) Other 3 Smoke Delectoris) arage: Gas SUpply: Fire Alarm Attached [3 Not Attached mount}; CI Bottled (Tank) TV Antenna [3 arport Cl dew Screens 1 Satellite Dish Automatic Garage Door Openorts) Window SecuIlty Bars I niercom [3 Number Remote Controls Cl Quick Release Mechanism on Central Heating Sauna Bedroom Windows Ibentrat Air Conditioning 0 Hot TubiSpa: Water Conserving Plumbing Fixtures 1" mg- Evaporator Cooleris} Locking Saiety Cover I a, t7 Ihcust Fanis) in 17'0qu 220 Volt Wit ?replacets) In 1"?55 ?4 I - rdais Starter Weeks]: Type: Age: (D I 1 AS I 29$?th I. Other: 1 {50' at (UL. ej?ere, to the best oi your (Seller's) knowledge. any oi the above that are not in operating condition? Yes Me. If yes, then describe. (Attach Jttlonai sheets if necessary): .mr nc . Dinette on go I 1aIT?Fs'initteis Solior?a Initials (3971th law: turbid the unauthorized reproduction at this term. or any portion thorlol. ocopy madame or any othor means reIgInosImrommputquodtamas. CopyrightO 1991 20:2 CAIJFOHNIAASSOCIATION OF HEALTOIISO lNc. ALI. RIGHTS HE use. .HI My, 3 REVISED 11112 (PAGE 1 OF 3) . I Reviewed by Date I - REAL ESTATE TRANSFER DISCLOSURE (IDS OF 3) gent: Stephen Apetian Phone: (aniline-3400 Prepared Using zipFormO'soitware otter: Caldwell Banker Previews. Beverly N. Canon Drive Beverly HFlialS. CA 90210 1 cuSlgn Envelope lD: 1120 Feetchaater Plan 1/12/2015 Property Address: IIos Anaeles, n??r??imrt. f?szvz. grins you (Seller) avrare otvany significant In any of the following? DYee No. liy?es. check appropriate spacels) below. Ci interior Walls Ceilings Floors Cl Exterior. Walls insulation Rosita) Cl Windows [It Doors Cl Foundation El Slab Ci Driveways Sidewalks lj Walls/Fences El Electrical Systems El PlumblrIg/SewerslSeptics C) Other Structural Components ascribe: - i If any 01 the above is checked. explain. (Attach additional sheets if necessary): ?lnstaliation of a listed appliance, device. or amenity is not a precondition of sale; or transfer at the dwelling. The carbon monoxide device. garage dcor opener or child resistant pool barrier may not be in compliance with the safety standards relating to, respectively. arbon monoxide device standards of Chapter 8 (commencing with Section 13260) of Part 2 of Division 12 oi automatic reversing device standards of Chapter 12. 5 (commencing with Section 19390) of Part 3 of Division 13 of, or the pool safety standards of Article 2.6 (commencing with Section 115920) of Chapter 5 cl Part 10 of Division 104 oi, the Health and Safety Code. Window security here may not have quick- -releas'.e mechanisms In compliance with the 1995 edition of the California Building Standards Code Section 1101.4 oi the Civil Code requires all single- family residences built on or before January 1.19931 to be equipped with water-conserving plumbing iixtures alter January 1, 2017. Additionally, on and after January 1, 2014 a elngleiamily residence built on or before January 1,1994, that? Is altered or improved is required to be equipped with water-conserving pIUmbln'g fixtures as a condition of line! approval. Fixtures in 115 dwelling may not comply with section 1 101.4 of the Civil Code. U. Are you (Seller) aware at any the 1. Substances, materials, or products which maybe an environmental hazard such as, but not limited to. asbestos, formaldehyde, radon gas. lead- based paint, mold, fuel or chemical storage tanks, and contaminated soil or water onthesublectproperly. UYesRhio 2. Features at the property shared in common with adjoining landOWners, such as walls, fences, and driveways. whose use or responsibility for maintenance may have an effect on the subject property . . . . .. Yes 3 Any encroachments, easements or eimliar matters that may effect your interest in the subject propertyRoom additions, structural modi?cations, or other alteratidns or repairs made without necessary permitsRoom addl ions structural modifications. or other alterations or repairs not In compliance with codes . . . Yes 3? 6. FIll (compacted or othenryise) on the property or any portion thereofAny settling from any cause, or slippage sliding, or othersoll problemsMajor damage to the property or any of the structures from fire. earthquake. ?code, or landslides . . . . . . . . . . . . . El Yes -. 10. Any zoning violations nonconforming uses violations at DYes 11. .. .ElYes' . DYes 13. Homeowners' Association which has any authority over the subject property . . . . . . . Yes No 14. Any "common area' '(facilities such as pools, tennis courts, walkways, or other areas 00- -owned in undivided 05 interest with . . . . . . . . . . Yes go Ma 15. Any notices of abatement or citations against the property [3 Yes No I 16. Any lawsuits by or against the Seller threatening to or affecting this real property, including any lawsuits alleging a detect or deficiency In this real property or "common areas" (lacltities such as pools tennis courts walkways or other areas, 00- -owned In undivided interest with . . . . . . . . .13 Yes ?No thEanSWer any? of these is yes, explain. (Attach_ additional _eeWessary)z nyr? mg 3 4 ?g .1. The Seller that the preperty. as at the close of escrow. will be in compliance with Section 13113.8 of the Health and Safety Code by having operable smoke det?ector(s) which are approved. listed, and installed in accordance with the State Fire Marshal's regulations and applicable local standards. t? 4?The Seller that the property, as of the close at escrow. will be' In compliance with Section 19211 01 the Health and Safety MCode by having the water heater tank(s) braced anchored. or strapped in place in accordance with applicable law. Illicertitles ind/Itha- information correct to the best of the Sellers knowledge as at ((1712 date ?ashlar-ted by the Seller. aller'- flL-bzll 7L fb?l Pa 29 - at}: t. er' SL9 inba no 1: ??w?wmm' WV titer: Date ii :inih?lsz/fJP :Iyn?ghl a: 1991- ASSOCIATION OF nenLronse by I ?35113? REVISED 11112 (PAGE 2 OF 3) REAL ESTATE TRANSFER STATEMENT (TDS PAGE 2 OF 3) 1120 Westeruru cuSIgn Envelope ID: 97C41 F89-DTBT-4050-BD53-51I3A71 02309F 1 12 2015 1120 Weetchaete: Plum. ?5 . Property Address: La: Angales, Ill. AGENTS DISCLOSURE (T be completed only It the Selleris represented by an agent in this transaction.) THE UNDERSIGNED, BASED ON THE ABOVE INQUIRY OF THE SEE AS TO THE CONDITION OF THE PROPERTY AND BASED ON A REASONABLY COMPETENT AND DILIGENT VISUAL INSPECTION OF THE ACCESSIBLE AREAS OF THE PROPERTY IN CONJUNCTION WITH THAT INQUIRY, STATES THE FOLLOWING. gist: attached Agent Visual Inspection Disclosure (AVID Form) gent notes no Items fordisciosure. (3 Agent notes the following'lteme; I. 1?1?1/1? ?1/8/2015 Agent (Broker Representing Seller) Coldwell Banker By (Please Print) 73 W. INSPECTION DISSLOSUFIE (To be completed only It the agent who has obtained the la other than the a.ent ova) THE UNDERSIGNED, BASED ON A REASONABLY COMPETENT AND DILIGENT VISUAL INSPECTION OF THE .CCESSIBLE AREAS OF THE PROPERTY, STATES THE FOLLOWING: I) See attached Agent Visual Inspection Disclosure (AVID Form) 3 Agent notes no Items for disclosure. 2) Agent notes the following Items: r-Weo by: II 6 1 8 2015 Agent (Broker Obtaining the DAT By Date (Please Print) Broker Signature) V. AND MAY WISH TO OBTAIN PROFESSIONAL ADVICE INSPECTIONS OF THE PROPERTY AND TO PROVIDE FOR APPROPRIATE PROVISIONS. IN A CONTRACT BETWEEN BUYER AND WITH RESPECT TO ANY IIWE A NQWLEDGE IPT OF A COPY OF THIS Duct/stoned br- . 1/12/20 1/15/2015 Dane I Date I. on I 3 A /15/2015 We? rate [1 47Aceoroaaner4r= 1/8/2015 Date Setter Date Buyer/ I -. tgent (Broker Representing Setter) Coldwell Banker By (Piease' Print) (Aiscciate Licensee or Broker Joyce Re /soephen npalian DocuSlgne by; 1/3/2015 gent (Broker Obtaining the GOUWMW WW (Please Print) 550 ate Licen ea or Bmker?ignalure) 1102.3 OF THE CIVIL CODE PROVIDES A BUYER WITH. THE RIGHT TO RESCIND A PURCHASE JONTRACT FOR AT LEAST THREE DAYS AFTER THE DELIVERY THIS DISCLOSURE IF DELIVERY OCCURS THE SIGNING OF AN OFFER TO PURCHASE. IF YOU WISH TO RESCIND THE CONTRACT, YOU MUST ACT THE PR ESCRIBED PERIOD. I REAL ESTATE BROKER IS QUALIFIED T0 ADVISE 0N REAL ESTATE. IF YOU DESIRE LEGAL ADVICE, YOUR ATTORNEY. N) :31 HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORSO. NO REPRESENTATION IS MADE AS TO THE LEGAL VNJDITY OR ADEQUACY OF ANY PROVISION SPECIFIC TRANSACTION A REAL ESTATE BROKER IS THE PERSON OUAUFIED TO ADVISE ON REAL TRANSACTIONS IF YOU DESIRE LEGAL OR TAX ADVICE. PRO isPTorn-r l: ova?nhto try one try the onttru we! estate Wont/y. It I: not Intended to tooniity the em as a REALTORS. REALTORS: la a legislated canotim mombmh?p merit which may on used ?if by rinbtm ol the marrow. rssocrmon o: nurroneowno wanna tell: Code or Ethics. 1:1; I {imbued In. .. REAL Irr?nw'eun mamas INC. . . -- 1-15 Soutr Lox mic: extrema smzo by - I REVISED 11/12 (PAGE 3 OF 3) REAL ESTATE TRANS FER DISCLOSURE (TBS PAGE 3 OF 3) I I20 Wmimter {3:3 EXHIBIT E3 (5-3 be?) F) My on Exhibit rcuSign Envelope lD?. 97041 PBS-07374050305361 02309F 'SELLER PROPERTY QUESTIONNAIRE ?9 A I A I (C.A.R. Form SPO, Revised 11113) OF RE A RS This form is not a substitute for the Real Estate Transfer Disclosure Statement (TBS). It is used by the Seller to provide additional ?information when'a T08 is completed or when no T08 is required. i. Seller makes the following disclosures with regard to the real property or manufactured home described as 1120 Hestahaeter Place .Assessorl Parcel No. 5081-019-016 situated in Lee Angela's ,County of Les Angelesr California (rPropertyQ. ii. The following are representations made by the Seller. Unless otherwise specified in writing. Broker and any real estate licensee or other person working with or through Broker has not verified information provided by Seller. A real estate 3 btrtoker is qualified to advise on real estate transactions. if Seller or Buyer desires legal advice. they should consult an orney. lit. Note to Seller: PURPOSE: To tell the Buyer about WW affecting the value or desirability of the Property and help to eliminate misunderstandings about the condition ofthe Property. Answer based on actual knowledge and recollection at this time. Something that you do not consider material or signi?cant maybe perceived differently by a Buyer. Think about what you would want to know if you were buying the Property today. 0 0 Read the questions carefully and take your-time. 13 if you do not understand how to answer a question. or what to disclose or how to make a disclosure in reSponse to a question. whether on this form or a TDS. you should consult a real estate attomsy in Califomia of your choosing. A broker cannot answer the questions for-you or advise you on the legal suf?ciency of any answers or disclosures you provide. IV, Note to Buyer: PURPOSE To give you more information aboutkmatengl or signi?cant Items affecting the value or desirability of the Property and help to eliminate-misunderstendings about the condition of the Property. El Something that?may be material or signi?cant-to you may not be perceived the same way by the Salton 0. if something is impertant to you, be sure-to put your ooncems and questions in Writing (CAR. form Bil/ii). Sellers can only disclose what they actually know. Seller may not knonrjabout all material or signi?cant items. 0 Seii?rrs disclosures are not a substitute for your own investigations. personal Judgments or common sense. V. SELLER AWARENESS: For each statement below, anSWer the question DAre you (Setter) aWare checking either Greener :No?Provlde explanations to answers in the space provided or attach additional comments and check section Vi. A. STATUTORILY OR CONTRACTUALLY OR RELATED: ARE YOU (SELLER) AWARE $133, Within the last 3 years, the death ofan occupant ofthe Property upon the Property Yes No 0152-. An Order from a government health of?cial identifying the Preperty as being contaminated by . methamphetamine. (lf yes. attach a copy of the OrderThe release of an illegal controlled substance onor beneath the Property Yes No 4. Whether the Property is located in or adjacent to an moustrial usemone Yes No (in general, a zone or district allowing manufacturing. commercial or airport uses.) . 5. Whether the Property is affected by a nuisance created by an lindustriai useftzone . Yes No 6. Whether the Property is located within 1 mile of a ibrmer federal or state ordnance location Ci Yes No 0 (in general. an area once Used for'rniiltary training purposes that may contain potenUaily explosive munitions.) 7. Whether the Property is a condominium or located in a planned unit development or other common interest subdivisioninsurance claims affecting the Property within the past 5 years . Yes No 9. Matters affecting title of the Property Yes No Material facts or- defects affecting the Pro rty ot otherwise disclosed to Buyer Yes No Explanati n. or (it checked) see attached; Zr; :2 Via (L (Madam: kid/171i Cougar 1:53; 1:14 Lari 1?30AND ALTERATIONS: ARE YOU (SELL ER) AWARE 1. Any alterations. modi?cations. remodeling. replacements or material repairs on the Property 03; Undudlng those resulting from Home Warranty claimsOngoing or-recurring maintenance on the Property (E, (for ?i?ple. dra? l=?ewer clean-out, tree or pest control service) Z?i . Yes Elite B?r?rjer's Seller's initials?( Mum) law: or the United Stator. Title 17 US. Code) forbid the unauthorized a, Gruesome ASSOCIATION or REALTORS. . ALL nr?r?sm?s Rasanveo. . sac REVISED 11113 (PAGE 1 OF 4) - [Reviewed by um SELLER PROPERTY-QUESTIONNAIRE (SPQPAGE 1 OF 4} Agent: Stephen Apolian Phone: (323)804-1400 Fax: Prepared using zlpFormiJ software Broker: Caldwell Banker. Previews. Beverly HillsriSS N-.Cenol1 Drive Beverly Htiis.CA ?10210 .cuSign Envelope ID: 1120 Westchester ace . . _1/12/2015_ Property Address: Los Angeles, Any part of the Property being painted within the past 12 months . . . . . . . . . . . . XNO is; if this Is a pre-?iSYB Property. were any renovations sanding. cutting. demolition) of lead- based paint surfaces completed in compliance with the Environmental Protection Agency Lead-Ba edPaintRe vatiorrRu . ?Hummug?Yes EXpianation: . (I: I DS 0. TRUCTURAL. SYSTEMS AND APPLIANGES: ARE YOU (SELLER) AWARE OF. Defects In any of the following. (Including pest defects that have been repaired). heating. air conditioning. electrical. plumbing (including the presence of polybutyiene pipes). water. sewer. waste disposal or septic system sump pumps welt. ro?o?f guitar's. chimney. ?replace. foundation. Elli crawl space. attic. soil. grading. drainage. retaining walls. interior or exterior doors. windows. l9. Egg walls. ceilings. ?oors or appliances.Wes CI N0 as tile: The leasing ofeny of the following on or serving the Property: solar system. water softener system. surt; orpropanetankis) . [Was No as An ailemativa septic system 0 or serving the PropertyExplanation: I D. ..DJSASTER- RELIEF. OR CIVIL SETTLEMENT. ARE YOU (SELLER) AWARE 3% Financial relief or assistance. insurance or settlement, sought or received. from any federal. state. I local or private agency. insurer or prlyate party. by past or present owners of the Property. due to any actual or alleged damage to the Property arising from a ?ood. earthquake. re. other disaster or occurrence or detect. whether or not any money received was actually used to make repairs . . Explanation: E. HWATER- RELATED AND MOLD ARE YOU (SELLER) AWARE 31 Water intrusion into any part of any physical structure on the Propertyi leaks from or in any appliance. pipe. slab or root; standing water. drainage. ?ooding. underground water. . moisture. water?related soii settling or slippage on or affecting the Property . . ?Yes No 2.- Any problem with or infestation of mold. mildew. fungus or- spores. past or present on or affecting the Property Yes No a. Rivers. streams. flood channels. underground springs. high water table floods. or tides on or affecting the Property or neighborhood . . . . . . . . . . . . . . . . .13 Yes Explanation: $j r? ?22, Ami . I PETS. ANIMALS AND PESTS: ARE YOU (SELLER) AWARE 1. Pets on or In the Property . Ci Yes No 2. Problems with livestock. wildlife, insects or pests on or in the Property Yes give 3. Past orpresentodors urine. feces. discoloration. stains spots or damage in the Property.due to any of the above . . [3 Yes E. No 4. Past or present treatment or eradication of posts or odors. or repair of damage due to any of the above . . Ci Yes Kilo If so. when and by whom Explanation: G3 IV-I LS. BOUNDARIES. ACCESS AND PROPERTY USE BY OTHERS: ARE YOU (SELLER) AWAR Surveys. easements. encroachments or boundary disputes Yes No a: 2. Use or access to the Property. or any part of it. by anyone other than you. with or without per {Fibrin for a erose. including but not limited to. using or maintaining roads. on or oth . Pwof ingress or egress or other travel or drainage Ix) Yes No Buyer's Initials IiIrIllIlIois Copyrightd 2005 2013'. CALIFORNIA TION OF SPQ REVISED 11113 (PAGE 2 OF 4) I seemed by new SELLER PROPERTY QUESTIONNAIRE (SPQ PAGE 2 OF 4) mo World-rum?) Envelope ID: 1120 Westchestar 1/12/2015 Property Address: Los Angeles, . Wis?F7. .. Use of any neighboring property by you Cl Yes We Explanation. . - NDSDAPING. POOL AND SPA: ARE YOU (SELLER) AWARE Fm Diseases or infestations effecting trees. plants or Vegetation on or near the Property . . . . . . . . . . . . . . . Yes No 'YesClNo ifyes. are they automatic orEl manually operated If yes are there any areas with trees. plants. or vegetation not covered by the sprinkler system KYes No .. An operational spa heater on the Property .Cl Yes?wg Pas: or presentdefects. leaks. cracks. repairs or other problems WIth the sprinklers. pool. epa Waterfall. pond. stream drainage or otherwater-related decor including any ancillary edulpmogi. including pumps. ?lters; @788th an cleaning systems. even it re aired Cl Yes Kilo Exnianation at: ?433% 44% 0 relates l. CONDOMINIUMS. COMMON INTEREST AND DEVELOPMENTS AND OTHER {g ARE YOU (SELLER) AWARE at. Any pending or proposed dues increases. special assessmentsrules changes. insurance availability issues. or litigation by or against or ?nes or violations issued by a Homeowner 3.: Association or Architectural Committee attesting the Prepertyu . . . . . . . [3 Yes No go; it Any declaration of restrictions or Architectural Committee that has authority over improvements madeonortotheproperty.. p535 Any improvements made on or to the property without the required approval of an Architectural gig?? Committee or inconsistent with any declaration of restrictions or Architectural Commitee requirementYes ?No Explanation: J. AND LEGAL CLAIMS: ARE YOU (SELLER) AWARE rsi Any other person or entity on title other than Seileris) signing this form . . . . . . . . . . . . Yes No Leases. options or claims affecting or relating to title or use oithe Property . Ci Yes No Past. oresent. pending or threatened lawsuits. settlements. meditations. arbitrations. tax liens. mechanics?iiens. notice of default. bankruptcy or other court ?lings. or government hearings . . affecting or relating to the Property HomeownerAssoclation or neighborhoodClYes Rm 4. Any private transfer fees. triggered by a sale of the Prepeny.' In favor oi private parties charitable organizations. interest based groups or any other person or entity Ci Yes Rm Explanation: K. NEIGHBORHOOD. ARE YOU (SELLER) AWARE 1. Neighborhood noise nuisance or other problems from sources such as. but not limited to. the following. neighbors traf?c. parking congestion airplanes. trains. light rail. subway. trucks. freeways. buses. abhoois. parks refuse storage or land?ll processing. agricultural operations business odor. recreational facilities restaurants. entertainment "complexes or facilities. parades. sporting events. fairs. neighborhood parties. litter. construction. air conr?tioning equipment air compressors. generators. pool equipment or appliances. underground gas pipelines. cell phone towers. high voltage transmission lines. or wrldirfe Cl Yesghlo CExplanation: Mr [24au?i?s initials 4?23}: Seller?s initials( 9/ "1 .. OF REAL'roessnuc. . 1 Qt seo REVISED 11/13 (PAGE SELLER PROPERTY QUESTIONNAIRE (8530' PAGE 3 OF 4) I, cuSign Envelope ID: 1120 Restchester ;-ace 1/12/2015 Property Address: Los Angeles, AWL, I. VERNMENTAL: ARE vd?u AWARE 0F.. -. Ongoing or contemplated eminent domain. condemnation. annexation or change in zoning or general plan that aplees to or could affectthe PrepeYes KNO Existence or pendency of any rent control. occupancy restrictions, improvement - .. restrictions or retro?t requirements thatapply to or could affect the . . . . . . . . . .. .CI Yes No . - Existing or contemplated building or use moretoria that appiyt or could affect the . .D Yes - Current or proposed bonds assessments. or fees that do not appear on the Property tax bill that apply to or could affect the Property. CI Yes AN: sed construction. recontiguration. or closure of nearby Government facilities or amenities -. as schools. parks. roadways and traf?c signals . . . . . . . . . . . . . . . . . . Yes Rita Existing or proposed Government requirements affecting the Property that tall grass. brush or other vegetation be cleared; (II) that restrict tree (or otherlandscaplng) planting. removal or cutting thattiammabte materials be removed . . . . . . . . . . . . . . . . . . . . . . . . Kite Any protected habitat for plants. trees. animals or Insects that apply to or could affect the Property 1:1 YesNo Vtmether the Property Is historically designated or? falls within an existing or preposed . Histoncisrn'ct . . .. ?masonic ExolanationOTHER: ARE YOU (SELLER) AWARE a; Reports, inspections. disclosures. warranties. maintenance recommendations. estimates. 53,: studies. surveys or other documents. pertaining to the condition or repair of the Property or gigs any Improvement on this Property In? the pest. now or proposed: or (it) easements. . a. I. encroachments or boundary disputes affecting the . . . . Yes XNO am}? (If yes. provide any such documentsi In your possession to Buyer.) E2;r Any ocCUpant of the Property smoking on or In the PropertyAny past or present known material facts or other significant items affecting the value or desirability or the Property not otherwise disclosed to Buyer . . . . . Yes No Explanation: VI. [3 (IF CHECKED) ADDITIONAL COMMENTS: The attached addendum contains an explanation or additional comments in esponse to speci?c questions answered isles-above. Referto line and question n'umbertn explanation. Seller represents that Seller has provided the answers and. if any. explanations and comments on this form and any attached addenda and that such Information Is true and correct to the best of Seller?s knowledge as ofthe date signed by Seller. Seller acknowledges Seller's obligation to disclose information requested by this form is independent from any duty of disclosure that areal estate licensee may have in this transaction: and (ti) nothing that any such real estate licensee does or says to Sen}? relieves Seller from??ner own duty of disclosure. 1/12/2015 ieller' 1ft]- . . Greta Van Steinbeues: Date 0' #3551? .- Selter Date By signing below. Buyer acknowledges that Buyer has read. understands and has reached a copy of this Seller Property /16/2015 Buyer A oaeusg?y b_y: Dale 5/2 1 01.5 Jriyer?L Piw (twin WLLMICIILJ. Date 2 If THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS (C-A. N0 REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY ADEQUACY OF ANY PROVISION IN ANY SPECIFIG TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE 0N REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX CONSULTAN APPROPRIATE PROFESSIONAL rm is available for use by the entire real estate Industry. It Is. not Intended to Identity tho usorusn REALTOR In a registered collectim membership merit 0 wlugn may be used only by members of the NATIONAL ASSOCIATION OF REALTORS who subscribe to Its Code at Ethics. W: Nlirludnnd a Ramps?mLaatmysEss seamen: mos manual Egi Arum [as 90020 Reviewed by 03?? SPQ REVISED 11/13 (PAGE4 OF 4) SELLER PROPERTY QUESTIONNAIRE (SPQ PAGE 4 OF 4) mo Wuuium? \i on PARTY WITHOUT ATTORNEY (Name. Slare Bar number. and address): ouglas BI Vanderpool, Esq rtor Court of California THE ANDERPOQL LAW FIRM ounrv of Lon Annalee sigih?itt?tteit?ciitte2?33 . -EB 07 2013 titre 13313318 we more SUPERIOR COURT OF CALIFORNIA, COUNTY OF Los Angeles STREET ADDRESS: 1 1 1 North H111 Street MAILING ADDRESS: CITY AND ZIP CODE: LOS Angeles, CA 90012 BRANCH NAME: Central Court CASE NAME: Oakenfold Coldwelt Banker By Fax 80693022 CIVIL CASE COVER SHEET Complex Case Designation CASE NUMBER: Unlimited I: Limited Counter Joinder is Filed with ?rst appearance by defendant JUDGE: exceeds $25,000) $25,000 or less) (Cal. Rules of Court. rule 3.402) Items 1-6 below must be completed (see instructions on page 2). 1. Check one box below for the case type that best describes this case: Auto Tort Contract I Provisionally Complex Civil Litigation Auto (22) Breach of contractlwarranty (06) (Cal. RUIES 0f Court. ??95 3-400'3-403) Uninsured motorist (46) Rule 3.740 collections (09) CI Antitrust?'rade regulation (03) 33:; (Personal Other collections (09) CI Construction defect (10) ge rongful Death) Tort Insurance coverage (18) CI Mass to? (40) Asbestos (04) Other contracr (37) Securities litigation (28) Product liability (24) Real Property I: Environmentall'l?oxic tort (30) CI Medical malpractice (45) I: Eminent domain/inverse Insurance coverage Claims arising from the Other pupofwo (23) condemnation (14) above listed provisionally complex case (Other) Tort I: EVICIIOH (33) types (41) Business tort/unfair business practice (07) CI Other real property (26) Enforcement of Judgment Civil rights (08) Unlawful Detainer Enforcement of judgment (20) I: Defamation (13) CI Commercial (31) Miscellaneous Civil Complaint Fraud (16) Residential (32) Cl RICO (27) Intellectual property (19) Drugs (38) CI Other complaint (not speci?ed above) (42) Professional negligence (25) Judicial Review Miscellaneous Civil Petition Other tort (35) CI Asset forfeiture (05) Partnership and corporate governance (21) Employment Petition re: arbitration award (11) CI Other petition (not speci?ed above) (43) Wrongful termination (36) Writ of mandate (02) CI Other employment (15) CI Olherjudicial review (39) 2. This case is is not complex under rule 3.400 ofthe California Rules of Court. lfthe case is complex. mark the factors requiring exceptional judicial management: a. Large number of separately represented parties d. Large number of witnesses b. Extensive motion practice raising difficult or novel e. Coordination with related actions pending in one or more courts issues that will be time-consuming to resolve in other counties. states. or countries. or in a federal court 0. Substantial amount of documentary evidence f. I: Substantial postjudgmentjudicial supervision 3. Remedies sought (check all that apply): a. monetary b. nonmonetary; declaratory or injunctive relief C. punitive 4. Number of causes of action (specify): Five . . . Er This case Cl is is not a Class action SUlt. If there are any known related cases. ?le and serve a notice of related case. (You may use form CM- Eate: February 6, 2018 Douglas B. Vanderpool. Esq (TYPE on NAME, OF PARTY (pa ?ll-roKNEY FOR PARTY) NOTICE cow Plaintiff must ?le this cover sheet with the ?rst paper ?led in the action or proceeding (except small claims cases or cases ?led under the Probate Code. Family Code. or Welfare and Institutions Code). (Cal. Rules of Court. rule 3.220.) Failure to ?le may result in sanctions. File this cover Sheet in addition to any cover sheet required by local court rule. . if this case is complex under rule 3.400 et seq. of the California Rules of Court. you must serve a copy of this cover sheet on all other parties to the action or proceeding. . Unless this is a collections case under rule 3.740 or a complex case. this cover sheet will be used for statistical purposes only. Page 1 of 2 Form Ado ted for Mandala Use - Cal. Rules of Court. rules 2.30. 3.220. 3.4004403. 3.740; JudlclaIpCouncil oi Callio?nia CIVIL CASE COVER SHEET SO 118? Cal. Standards of Judicial Administration. std. 3.10 July 1.2007] 1qu3 iv INSTRUC . runs ON HOW TO COMPLETE THE COVER SHEET (?Vi-01? To Plaintiffs and Others Filing First Papers. If you are ?ling a ?rst paper (for example, a complaint) in a civil case, you must complete and ?le, along with your ?rst paper, the Civil Case Cover Sheet contained on page 1. This information will be used to compile statistics about the types and numbers of cases ?led. You must complete items 1 through 6 on the sheet. In item 1. you must check one box for the case type that best describes the case. If the case ?ts both a general and a more speci?c type of case listed in item 1. check the more speci?c one. If the case has multiple causes of action, check the box that best indicates the primary cause of action. To assist you in completing the sheet, examples of the cases that belong under each case type in item 1 are provided below. A cover sheet must be ?led only with your initial paper. Failure to ?le a cover sheet with the ?rst paper ?led in a civil case may subject a party, its counsel, or both to sanctions under rules 2.30 and 3.220 of the California Rules of Court. To Parties in Rule 3.740 Collections Cases. A "collections case" under rule 3.740 is de?ned as an action for recovery of money owed a sum stated to be certain that is not more than $25,000. exclusive of interest and attorney's fees, arising from a transaction in which property, services, or money was acquired on credit. A collections case does not include an action seeking the following: (1) ton damages, (2) punitive damages. (3) recovery of real property. (4) recovery of personal property, or (5) a prejudgment writ of attachment. The identi?cation of a case as a rule 3.740 collections case on this form means that it will be exempt from the general time-for-service requirements and case management rules, unless a defendant ?les a responsive pleading. A rule 3.740 collections case will be subject to the requirements for service and obtaining a judgment in rule 3.740. To Parties in Complex Cases. In complex cases only, parties must also use the Civil Case Cover Sheet to designate whether the case is complex. If a plaintiff believes the case is complex under rule 3.400 of the California Rules of Court, this must be indicated by completing the appropriate boxes in items 1 and 2. If a plaintiff designates a case as complex, the cover sheet must be served with the complaint on all parties to the action. A defendant may ?le and serve no later than the time of its ?rst appearance a joinder in the plaintiff?s designation, a counter-designation that the case is not complex, or, if the plaintiff has made no designation, a designation that the case is complex. Auto Tort Auto (22)?Personal Injury/Property DamageNVrongful Death Uninsured Motorist (46) (if the case involves an uninsured motorist claim subject to arbitration, check this item instead of Auto) Other PIIPDIWD (Personal lnjuryl Property Damage-[Wrongful Death) Tort Asbestos (04) Asbestos Property Damage Asbestos Personal Injury] Wrongful Death Product Liability (not asbestos or toxic/environmental) (24) Medical Malpractice (45) Medical Malpractice? Physicians Surgeons Other Professional Health Care Malpractice Other (23) Premises Liability slip and fall) Intentional Bodily assault, vandalism) Intentional In?iction of Emotional Distress Negligent Infiiction of Emotional Distress Other (Other) Tort Business Tort/Unfair Business Practice (07) Rights discrimination. or false arrest) (not civil 555? harassment) (08) famatlon slander, libel) a, (13) rEraud (16) tln'tellectual Property (19) 'P?ofessional Negligence (25) Legal Malpractice Other Professional Malpractice (not medical or legal) Other Tort (35) Employment Wrongful Termination (36) Other Employment (15) July 1, 2007] CASE TYPES AND EXAMPLES Contract Breach of Contract/Warranty (06) Breach of Rental/Lease Contract (not unlawful detainer or wrongful eviction) Contract/Warranty Breach?Seller Plaintiff (not fraud or negligence) Negligent Breach of Contract! Warranty Other Breach of Contractharranty Collections money owed, open book accounts) (09) Collection Case?Seller Plaintiff Other Promissory Note/Collections Case Insurance Coverage (not provisionally complex) (18) Auto Subrogation Other Coverage Other Contract (37) Contractual Fraud Other Contract Dispute Real Property Eminent Domain/Inverse Condemnation (14) Wrongful Eviction (33) Other Real Property quiet title) (26) Writ of Possession of Real Property Mortgage Foreclosure Quiet Title Other Real Property (not eminent domain, landlord/tenant, or foreclosure) Unlawful Detainer Commercial (31) Residential (32) Drugs (38) (if the case involves illegal drugs, check this item; omen/vise, report as Commercial or Residential) Judicial Review Asset Forfeiture (05) Petition Re: Arbitration Award (11) Writ of Mandate (02) Writ-Administrative Mandamus Writ?Mandamus on Limited Court Case Matter Writ?Other Limited Court Case Review Other Judicial Review (39) Review of Health Of?cer Order Notice of Appeal-Labor Commissioner Appeals CIVIL CASE COVER SHEET Provisionally Complex Civil Litigation (Cal. Rules of Court Rules 3.400-3.403) Regulation (03) Construction Defect (10) Claims Involving Mass Tort (40) Securities Litigation (28) EnvironmentaIlToxic Tort (30) Insurance Coverage Claims (arising from provisionally complex case type listed above) (41) Enforcement of Judgment Enforcement of Judgment (20) Abstract of Judgment (Out of County) Confession of Judgment (non- domestic relations) Sister State Judgment Administrative Agency Award {not unpaid taxes) PetitionlCerti?cation of Entry of Judgment on Unpaid Taxes Other Enforcement of Judgment Case Miscellaneous Civil Complaint RICO (27) Other Complaint (not speci?ed above) (42) Declaratory Relief Only Injunctive Relief Only (non- harassment) Mechanics Lien Other Commercial Complaint Case (non-tort/non-complex) Other Civil Complaint (non-tort/non-complex) Miscellaneous Civil Petition Partnership and Corporate Governance (21) Other Petition (not speci?ed above) (43) Civil Harassment Workplace Violence Elder/Dependent Adult Abuse Election Contest Petition for Name Change Petition for Relief from Late Claim Other Civil Petition Page 2 of 2 ass <3 2N) NJ 4. HURT TITLEOakenfold v. Coldwell Banker Residential Brokerage Company CASE NUMBER CIVIL CASE COVER SHEET ADDENDUM AND STATEMENT OF LOCATION (CERTIFICATE OF GROUNDS FOR ASSIGNMENT TO COURTHOUSE LOCATION) This form is required pursuant to Local Rule 2.3 in all new civil case filings in the Los Angeles Superior Court. Step 1: After completing the Civil Case Cover Sheet (Judicial Council form find the exact case type in Column A that corresponds to the case type indicated in the Civil Case Cover Sheet. Step 2: in Column B, check the box for the type of action that best describes the nature ofthe case. Step 3: In Column C, circle the number which explains the reason forthe court filing location you have chosen. By Fax. Applicable Reasons for Choosing Court Filing Location (Column C) 1. Class actions must be ?led in the Stanley Mosk Courthouse. Central District. 7- Location where petitioner resides. 2. Permissive ?ling in central district. 8. Location wherein defendant/respondentfunctions wholly. 3. Location where cause of action arose. 9. Location where one or more of the parties reside. 4. Mandatory personal injury ?ling in North District. 10. Location of Labor Commissioner Of?ce. 11. Mandatory ?ling location (Hub Cases - unlawful detainer, limited .Lo invm erformancere uir nt residescato erep 0 de enda non-collection, limited or personal injury). 6. Location of property or permanently garaged vehicle. - . . . . CoverSheet . . . .. _Category'No.. .. Auto (22) El A7100 MotorVehlcle-Personal Injury/PropertyDamageANrongful Death 1.4.11 .9, 1: 5'1 12 Uninsured Motorist (46) El A7110 DamagelWrongfulDeath-Uninsured Motorist 1.4.11 13 A6070 Asbestos PropertyDamage 1,11 Asbestos (04) 1: El A7221 Asbestos-Personal Death 1.11 a) 3 Product Liability (24) El A7260 Product Liability (not asbestos ortoxiclenvironmental) 1.4.11 CL cu OJ 2? :1 A7210 Medical 114-11 .53 Medical Malpractice (45A7240 OtherProfessronal Health Care Malpractice - - . as,? 5 . 92 El A7250 Premises Liability (e.g..slip and fall) (:23 3, OtherPersonal 1?4' 11 "Cu. '5 . El A7230 Intentional Bodily DamageANrongfulDeath e. Property . I. 1 1.4.11 Damage Wrongful assau .van arsm.ec.) 1 4 11 1:1" Death (23) A7270 of Emotional Distress hrs-'- 37.: El A7220 OtherPersonaI Injury/PropertyDamageNVrongful Death 1'4'11 LACIV 109 (Rev 2/16) CIVIL CASE COVER SHEET ADDENDUM Local Rule 2.3 LASC Approved 03-04 AND STATEMENT OF LOCATION Page 1 of4 SHORT TITLE: Oakenfold v. Coldwell Banker Residential Brokerage Company CASE NUMBER .- .. .. Category Non - BusinessTort(07) El A6029 ofcontract) 1.2.3 E1: 3 ,2 Civil Rights (08) E1 A6005 Civil 1.2.3 co 9; Defamation (13) El A6010 Defamation (slanderllibel) 1.2.3 5.2 2? Fraud (16) El A6013 Fraud (no contract) 1.2A6017 Legal Malpractice 1.2.3 a: a, ProfessnonalNegllgence(25) 13 A6050 OtherProfesslonal Malpractice (notmedical or legal) 1.2.3 2? :3 Other(35) El A6025 OlherNon-Personal lnjury/PropertyDamage tort 1.2.3 WrongfulTermination (36) El A6037 WrongfulTermination 1.2.3 0.1 3? El A6024 OtherEmploymentCompIaintCase 1.2.3 Other Employment (15) LIEJ El A6109 10 El A6004 Breach of Rental/Lease Contract (not unlawful detainer orwrongful eviction) 2'5 Breach of Contract! Warren (06) ty El A6008 2'5 (not insurance) El A6019 NegligentBreach ofContracWVarranty(no fraud) 1'2'5 Cl A6028 Other Breach of Contract/Warranty (not fraud or negligence) 1' 2' 5 1.3 . [21 A6002 5.6.11 g; Collections (09) A6012 OtherPromissory NoteICollectlonsCase 5.11 A6034 Collections Case-Purchased Debt (Charged OffConsumerDebt 5.6.11 Purchased on or after January 1. 2014) InsuranceCoverage (18) Cl A6015 lnsuranceCoverage(notcomplex) 1.2.5.8 13 A6009 ContractualFraud MW OtherContract(37) Cl A6031 Tortiouslnterference 1.2.3.5 El A6027 Other Contract Dispute(not 1.2. 3.8.9 Cl A7300 Eminent Domain/Condemnation Number ofparcels 2.6 Condemnation (14) a Wrongful Eviction (33) l] A6023 Wrongful Eviction Case 2.6 2 A6018 Mortgage Foreclosure 2.6 d) ?15 OtherRealProperty(26) Cl A6032 QuietTitle 2.6 A6060 2.6 a Unlawful Detagigr-Commermal El A6021 Unlawful eviction) 6.11 t; Un'aWIU'De?f?g?r?ReS?dem'a' 1:1 A6020 Unlawful Detainer?Residentiai(notdrugs orwrongful eviction) 6.11 W. a :m . 3 UnlawfuIDetarner- 2.6.11 Post-Foreclosure (34) Unlawful Detainer-Drugs(38) El A6022 Unlawful Detainer?Drugs 2.5.11 109 (Rev 2l16) CIVIL CASE COVER SHEET ADDENDUM Local Rule 2.3 AND STATEMENT OF LOCATION Page 2 of4 LASC Approved 03-04 SHORT TITLE: . CASE NUMBER Oakenfold v. Coldwell Banker Resrdenttal Brokerage Company . . . LCa??sory-NO- Asset Forfeiture (05) El A6108 Asset Forfeiture Case 3 Petition re Arbitration (11) Cl A6115 Petitionto 2.5 El A6151 Writ-AdministrativeMandamus 2.8 Writ of Mandate (02) El A6152 Writ-Mandamus on Limited Court Case Matter 2 3 El A6153 Writ-OtherLimited Court Case Review 2 OtherJudicialReView(39) El A6150 OtherWritlJudicial Review 2.8 Antitrust/Trade Regulation (03) El A6003 AntitrusUTradeRegulation 1.2.8 0 . E, Construction Defect(10) El A6007 ConstructionDefect 1.2.3 5 . C'a'ms'm?xgg mass Tm 1:1 A6006 Claims Involving MassTort 1.2.8 8 Securities Litigation(28) El A6035 Securities thigationCase 1.2.8 ToxicTort . . I: Environ mental (30) El A6036 ToxrcTorUEnvrronmental 1.2.3.8 .5 . 2 Insurance Coverage Claims . n. from Complex Case (41) I: A6014 Insurance CoverageISubrogatton (complex case only) 1. 2. 5.8 A6141 SisterStateJudgment 2.5.11 El A6160 AbstractofJudgment 2.6 a Enforcement El A6107 2.9 "g O?Judgmentlzo) 1:1 A6140 AdministrativeAgencyAward (not unpaid taxes) 2.8 u? ?5 El A6114 Unpaid Tax 2.8 CI A6112 2.8.9 RICO (27) El A6033 Racketeering (RICO) Case 1.2A6030 DeclaratoryRelrefOnly 1.2.8 C. D. 5 Other Complaints El A6040 Injunctive ReliefOnly (not domesticlharassment) 2.8 3 .2 El A6011 1.2.8 .2 0 El A6000 Other Civil 1.2.8 PartnershipCorporation El A6113 Partnership and CorporateGovernanceCase 2,8 Governance (21) El A6121 Civil Harassment 2.3.9 L) El A6123 Workplace Harassment 2. 3.9 4., 2 1:3. 1:1 A6124 ElderlDependentAdultAbuse Case 2.3.9 Other (Not 3 Speci?ed Above) (43) 1:1 A6190 Election Contest 2 In 3:3 El A6110 Petition forChange of Name/Change of Gender 27 c5: A6170 Petition for Relief from Late Clalm Law 2' 3' 8 t: A6100 OtherCivll Petition 2'9 LACIV 109 (Rev 2116) CIVIL CASE COVER SHEET ADDENDUM Local Rule 2.3 LASC Approved 03-04 AND STATEMENT OF LOCATION Page 3 of4 SHORT TITLE: CASE NUMBER Cakenfold v. Coldwell Banker Residential Brokerage Company Step 4: Statement of Reason and Address: Check the appropriate boxes for the numbers shown under Column for the type of action that you have selected. Enter the address which is the basis for the filing location, including zip code. (No address required for class action cases). ADDRESS: 1120 Westchester Place U80 CITY: STATE: ZIP CODE: Los Angeles CA 90019 Step 5: Certification of Assignment: certify thatthis case is properly filed in the Central District of Dated: February 6, 2018 the Superior Court of California, County of Los Angeles [Code Civ. Proc., ?392 et seq., and Local Rule (SIG NATURE OF ATT LING PARTY) PLEASE HAVE THE FOLLOWING ITEMS COMPLETED AND READY TO BE FILED IN ORDER TO PROPERLY COMMENCE YOUR NEW COURT CASE: 1. Original Complaint or Petition. 2 If filing a Complaint, a completed Summons form for issuance by the Clerk. 3. Civil Case Cover Sheet, Judicial Council form ClVl?010. 4 Civil Case Cover Sheet Addendum and Statement of Location form, LACIV 109, LASC Approved 03-04 (Rev. 02/16). 5. Payment in full of the filing fee. unless there is court order for waiver. partial or scheduled payments. A signed order appointing the Guardian ad Litem. Judicial Council form 0, if the plaintiff or petitioner is a minor under 18 years of age will'be required by Court in order to issue a summons. 7. Additional copies of documents to be conformed by the Clerk. Copies of the cover sheet and this addendum must be served along with the summons and complaint. or other initiating pleading in the case. E: {er 109 (Rev 2116) CIVIL CASE COVER SHEET ADDENDUM Local Rule 2.3 LASC Approved 03-04 AND STATEMENT OF LOCATION Page 4 of 4